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

LAWS 



STATE OF NEW HAMPSHIRE 



PASSED JANUARY SESSION, 1909. 



L£GISLATURE CONVENED JANUARY 6, ADJOURNED APRIL y. 




CONCORD, N. H. 

1909. 



Univeraitj/ of 
TlmHmp^hire 

Library 



Prope.^y oi 
THE BUREAU OF GOV£RfiMEMT RESEARU. 
" University of New Hampshire 
" Durham, New Hampshire 



LAWS 



STATE OF NEW HAMPSHIRE 



PASSED JANUARY SESSION, 1909. 



LEGISLATURE CONVENED JANUARY 6, ADJOURNED APRIL 9. 




CONCORD, N. H. 
1909. 



UK 

3,4-5 A Z 

\909 



Printed by Ira C. Evans Co., Concord. 



STATE OFFICERS. 



HENRY B. QUINBY, Governor. 

ALONZO M. FOSS, 1 

HENRY W. BOUTWELL, | 

ALBERT ANNETT, K Councilors. 

JAMES G. FELLOWS, | 

LYFORD A. MERROW, J 

HARRY T. LORD, President of the Senate. 

WALTER W. SCOTT. Speaker of the House of Representatives. 

MARTIN W. FITZPATRICK, Clerk of the Senate. , 

HARRIE :\L YOUNG, Clerk of the House. 

EDWARD N. PEARSON, Secretary of State. 

ARTHUR L. WILLIS, Deputy Secretary of State. 

SOLON A. CARTER, State Treasurer. 

JOHN WESLEY PLUM]\IER, Deputy State Treasurer. 

WILLIAI\I B. FELLOWS, State Auditor. 

HARRY B. CILLEY, Adjutant-General. 

GEORGE H. ADA]\IS, Insurance Commissioner. 

HENRY C. MORRISON, Superintendent of PuUic Instruction. 

LYSANDER H. CARROLL, Labor Commissioner. 

ARTHUR W. DEAN. State Engineer. 

NAHUM J. BACHELDER, Secretary Board of Agriculture. 

IRVING A. WATSON, Secretary State Board of Health. 

ARTHUR H. CHASE, State Librarian. 

ALBERT S. BATCHELLOR, State Historian. 

WILLIAM J. AHERN, Secretary Board of Charities and Cor- 
rection. 

HENRY K. W. SCOTT, ^¥arden State Prison. 

CHARLES P. BANCROFT, M. D., Superintendent State Hospital. 

CHARLES S. LITTLE, :\I. D., Superintendent School for Feeble- 
minded, Children. 

TOM W. ROBINSON, Superintendent Industrial School. 

WILLI A^I H. TRICKEY, Commandant Soldiers' Home. 

P. CHALLIS BARTLETT, M. D., Superintendent State Sana- 
torium. 

THO^IAS H. DEARBORN, Supervisor Moth Extermination Work. 

EDGAR C. HIRST, State Forester. 

RICHARD M. SCAMMON, | 

ARTHUR E. DOLE, I Bank Commissioners. 

HENRY F. GREEN, 



HENRY M. PUTNEY, ) 

ARTHUR G. WHITTEMORE, [ Bailroad Commissioners. 

GEORGE E. BALES, 3 

CYRUS H. LITTLE, ^ 

HENRY W. KEYES, \ License Commissioners. 

JOHN KIVEL, ) 

NATHANIEL WENTWORTH, ) 

CHARLES B. CLARKE, > Fish and Game Commissioners. 

FRANK P. BROWN, ) 

ROBERT P. BASS, ) 

W. ROBINSON BROWN, [ Forestry Commissioners. 

JASON E. TOLLES, ) 

EDWIN G. EASTMAN, ^ 

ALBERT S. BATCHELLOR, \ 

JOHN H. RIEDELL, I Public Printing Commission. 

HARRIE E. WAITE, I 

JOHN WESLEY PLUMMER, J 



SUPREME COURT. 



FRANK N. PARSONS, Chief Justice. 

REUBEN E. WALKER, ^ 

GEORGE H. BINGHAM, | 

JOHN E. YOUNG, f A.ssociate Justices. 

ROBERT J. PEASLEE, J 

EDWIN G. EASTMAN, Attorney-General. 

JOHN H. RIEDELL, Laic Reporter. 



SUPERIOR COURT. 



ROBERT :\[. AVALLACE, Chief Justice. 
ROBERT G. PIKE, ^ 

CHARLES F. STONE, (. .-.^ r^,,^^,,, 

ROBERT N. CHAMBERLIN, ^^^-'ociate Justices. 

WILLIAM A. PLUMMER, J 



LAWS 



OF THE 



STATE OF NEW HAMPSHIRE, 

PASSED JANUARY SESSION, 1909. 



CHAPTER 1. 

AN ACT TO AMEND CHAPTER 104 OF THE SESSION LAWS OF 1901, IN 
RELATION TO THE ARRAIGNMENT AND TRIAL OF PERSONS CHARGED 
WITH MURDER IN EITHER DEGREE. 

Section i Section 

1. At trial for murder in second de- 2. Takes effect on passage; repealing 

gree one justice may preside. clause. 

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

Section 1. Strike out tlie last sentence of section 2 chapter At trial for 
104 session Laws of 1901 which is as follows: "At such trial two "econrdegree 
of the justices of the court shall be present" and insert in place one justice 

" ^ '■ may preside. 

thereof the following: At the trial of a person indicted for murder 
in the first degree two of the justices of the court shall be present, 
but at the trial of a person indicted for murder in the second degree 
one justice may preside, so that said section as amended shall read 
as follows: Sect. 2. A person indicted for murder in either degree 
may be arraigned before the court holden by one justice, and, if he 
plead guilty, the court may award sentence against him according 
to law; if he do not plead guilty, the court may assign him counsel, 
and take all other measures preparatory to a trial. At the trial of 
a person indicted for murder in the first degree two of tlie justices 
of the court shall be present, but at the trial of a person indicted 
for murder in the second degree one justice may preside. 

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

[Approved February 3, 1909.] *''*''''• 



326 



Chapters 2, 3. 



[1909 



CHAPTER 2. 

AN ACT IN RELATION TO SELECTMEN OF TOWNS AND MAYORS AND 
ALDERMEN OP CITIES. 



Names not to 
be published. 



Items ex- 
hibited on 
demand. 



Penalty. 



Takes effect 
on passage. 



Section 

1. Towns not to publish names of 

aided veterans. 

2. Itemized account exhibited on de- 

mand. 



Section 

3. Penalty for violation. 

4. Takes effect on passage. 



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

Section 1. The selectmen of every town and the mayor and 
aldermen of every city shall not publish and shall not allow to be 
published in the annual reports of such towns or cities, the name 
of any soldier or sailor who has received aid from said town or city, 
but may enter the items under the heading of Aid furnished Sol- 
diers and Sailors. 

■Sect. 2. That any taxpayer of said town or city shall be allowed 
to see the itemized account of such aid furnished, as it appears on 
the record books of said town or city, by making demand of the 
said officials of such town or city. 

Sect. 3. Any person violating the provisions of this act shall be 
punished by a fine not to exceed ten dollars ($10) for each offense. 

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

[Approved February 4, 1909.] 



CHAPTER 3. 



Right to vote 
limited. 



AN ACT IN AMENDMENT OP SECTION 19 OP CHAPTER 149 OF THE PUBLIC 
STATUTES, RELATING TO DIVIDEND PAYING CORPORATIONS. 



Section 

1. Stockholders' right to vote, how 
limited. 



Section 

2. Takes effect on passage. 



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

Section 1. Section 19 of chapter 149 of the Public Statutes is 
hereby amended by striking out the word "banks" in said section, 
and inserting in place thereof the word those, and adding after the 
word "charters" the words or articles of agreement, so that said 
section as amended shall read as follows : Sect. 19. Every stock- 
holder in a corporation, except those whose charters or articles of 



1909] 



Chapters 4, 5. 



327 



agreement otherwise provide, may give one vote at any meeting 
thereof for every share he owns therein, not exceeding one eighth 
part of the whole number of shares. 

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

on passage. 

[Ajpproved February 4, 1909.] 



CHAPTER 4. 



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

OF ROCKINGHAM. 



Section 

1. Annual salary of $800; repealing 
clause. 



Section 

2. Takes effect on passage. 



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

Section 1. That the salai'y of the solicitor of the county of Annual salary 

of S800 ' 

Rockingham shall hereafter be eight hundred dollars per annum, repealing 
pa^^able as now provided by law ; and so much of section 17, chap- ^ ^^^^' 
ter 286 of the Public Statutes as is inconsistent with this act is 
hereby repealed. 

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

on passage. 

[Approved February 9, 1909.] 



CHAPTER 5. 



AN ACT TO PROTECT DOMESTIC PIGEONS OR DOVES. 



Section 

1. Doves protected; penalty. 



Section 

2. Takes effect on passage. 



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

Section 1. If any person shall hunt, capture, or destroy any Doves pro- 
domestic pigeon, commonly known as dove, not his own, he shall be penaUy. 
fined not exceeding ten dollars for each offense ; but nothing in this 
act shall be so construed as to prevent any person from destroying 
any of said birds when found doing damage to his buildings or 
crops. 

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

[Approved February 17, 1909.] 



Takes effect 
on passage. 



328 



Chapters 6, 7. 



[1909 



CHAPTER 6. 



AN ACT PROTECTING PHEASANTS AND OTHER FOREIGN GAME BIRDS. 



Pheasants, 
etc., pro- 
tected ; 
penalty. 



Takes effect 
on passage. 



Section 

1. Pheasants and other foreign game 
birds protected; penalty. 



Section 

2. Takes effect on passage. 



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

Section 1. No person shall kill, or have in his possession when 
dead, if killed within the limits of the state, a pheasant, or any 
variety of foreign game bird which may hereafter be introduced, 
under penalty of ten dollars ($10) for each offense. 

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

[Approved February 17, 1909.] 



CHAPTElR 7. 



Ice-fishing 
prohibited. 



Penalty. 



Repealing 
clause ; act 
takes effect 
on passage. 



AN ACT TO PROHIBIT PISHING THROUGH THE ICE IN MOSQUITO POND IN 
MANCHESTER, N. H. DURING THE TERM OF FIVE (5) YEARS FROM 
JANUARY 1, 1909. 



Section 

1. Ice-fishing prohibited. 

2. Penalty for violation. 



Section 

3. Repealing clause; 
on passage. 



act takes effect 



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

Section 1. All persons are prohibited from catching fish of all 
kinds through the ice in Mosquito Pond in Manchester, N. H. dur- 
ing the term of five (5) years from January 1, 1909. 

Sect. 2. Any person or persons so caught fishing through the 
ice during said prohibited term shall be subject to a fine of ten 
dollars ($10) for each offense. 

Sect. 3. All acts and parts of acts inconsistent herewith are 
hereby repealed and this act shall take effect upon its passage. 

[Approved February 17, 1909.] 



1909] 



Chapters 8, 9. 



329 



CHAPTER 8. 

AN ACT TO AMEND SECTION 1, CHAPTER 267, OP THE PUBLIC STATUTES, 
RELATING TO CRUELTY TO ANIMALS. 

Section 1. Sale or exchange of unfit animal prohibited. 

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

Section 1. Section 1, chapter 267, of the Public Statutes, is Saieorex- 

7 i ; PI change of 

hereby amended by inserting the words sell or exchange after the unflt-animai 
word "use" in the second line thereof, so that said section as 
amended shall read as follows : Section 1. If any person shall over- 
drive, overwork, drive when overloaded, use, sell or exchange when 
unfit for labor, torture, deprive of necessary sustenance or shelter, 
cruelly beat, mutilate, or kill, cruelly abandon, or transport in an 
unnecessarily eruei or inhuman manner, any animal, or shall aid 
therein, or shall knowingly and wilfully permit any animal in his 
care to be subjected to unnecessary torture, suffering, or cruelty of 
any kind, he shall be fined not exceeding two hundred dollars, or 
be imprisoned not exceeding one year or both, for each offense. 
[Approved February 17, 1909.] 



CHAPTER 9. 

AN ACT IN AMENDMENT OF SECTION 12, CHAPTER 169 OF THE PUBLIC 
STATUTES, AUTHORIZING THE INSURANCE COMMISSIONER TO EXTEND 
THE TIME FOR FILING ANNUAL STATEMENTS OF FOREIGN INSURANCE 
COMPANIES. 



Section 

1. Extension of time authorized. 



Section 

2. Takes effect on passage. 



Be it enacted hy the Sen-ate and House of Representatives in 
General Court convened: 

Section 1. Section 12, chapter 169 of the Public Statutes is Extension 
hereby amended by adding at the end of said section the following: *"' °"^^ ' 
For cause the commissioner may extend the time within which any 
such annual statement may he. filed, but not to a date later than 
the first day of March. But a life company shall not be required 
to file that part of its annual statement known as the Grain and Loss 
Exhibit until May first next succeeding; so that said section as 



330 



Chapter 10. 



[1909 



Takes eflfect 
on passage. 



amended shall read as follows: Sect. 12. Every such insurance 
company doing business in this state, shall, on or before the first day 
of February in each year, transmit to the insurance commissioner 
a statement, under oath, of its president and secretary, of the whole 
amount of premiums received in money or in the form of notes, 
credits, loans or any other substitute for money, by or on account 
of the company, during the year ending on the thirty-first day of 
the preceding December, for insurance made by it on property 
located or persons resident in this state ; also giving its assets, lia- 
bilities, amount of capital stock actually paid in, amount of out- 
standing risks, and the business standing and affairs of the company 
generally; in accordance with blanks to be furnished by the com- 
missioner, adapted to the business of the company. It shall also 
transmit to the commissioner a like statement of its standing and 
affairs at any other time when he shall require it. For cause the 
commissioner may extend the time within which any such annual 
statement may be filed, but not to a date later than the first day 
of March. But a life company shall not be required to file that 
part of its annual statement known as the Gain and Loss Exhibit 
until May first next succeeding. 

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

[Approved February 17, 1909.] 



CHAPTER 10. 



AN ACT PROVIDING FOR ESTIMATES OF STATE EXPENSES AND THE 
PREPARATION OF AN APPROPRIATION BILL OR BILLS TO MEET THE 
SAME. 



Sectiox 

1. State officers to file estimates of ex- 

penses. 

2. Biennial estimates provided for. 



Section 

3. Estimates to be submitted to ap- 

propriations committee. 

4. Takes effect on passage. 



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



Estimates to 
be filed. 



Section 1. The chief of each department of the state govern- 
ment, each state board of commissioners, the trustees or managers 
of each state institution, and all agents of the state in charge of 
public works shall on or before February 15, 1909, file with the 
state treasurer, estimates, in detail of the amounts required by their 
respective departments, boards and institutions for each of the 
fiscal years ending August 31, 1910 and August 31, 1911. 



1909] 



Ch-apter 11. 



331 



Sect. 2. Similar estimates shall be filed with the state treasurer. Biennial 

estimates. 

for each biennial period, on or before the first day of January pre- 
ceding each legislative session. 

Sect. 3. Such estimates shall be submitted to the appropriations 
committee of the house of representatives who shall seasonably 
prepare and introduce an appropriation bill or bills to provide for 
the necessities of the state for each biennial period. 

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

[Approved February 17. 1909.] 



Ti> be sub- 
mined to 
appropriations 
committee. 



Takes effect 
on passage. 



CHAPTER 11. 



^VX ACT IX AMENDMENT OF CHAPTER 79. SESSION LAWS OF 1901. AS 
AMENDED BY THE SESSION LAWS OF 1903. 1905 AND 1907. RELATING 
TO FISH AND GAME. 



Section 

1. Compensation of commissioners, 

how paid. 

2. Beaver protected. 

3. Hunting -with ferret prohibited; 

penalty. 



Sectiox 

4. Evidence of violation of deer law. 

5. Length of fish whi.:h may be legally 

taken. 

6. Lobsters protected : penalty. 

7. Takes effect on passage. 



Be it enacted ty the Senate and House of E e present at ives in 
General Court convened: 

Section 1. That section 11 (eleven") of said chapter be amended Compensation 

' of eommis- 

by adding thereto the following words: said compensation and ex- sioners;how 
penses to be paid, so far as the governor and couucil may deem ^^' 
advisable, from the fish and game fund, so called so that the section 
as amended shall read Sect. 11. Said commissioners shall be paid 
their traveling and other expenses necessarily connected with the 
discharge of their duties, and the chairman of the board shall 
receive as compensation for his services the srum of one thousand 
dollars per annum, and the two remaining members the sum of 
eight himdred dollars each per annum. Said compensation and 
expenses to be paid, so far as the governor and council may deem 
advisable from the fish and game fund, so called. 

Sect. 2. That section 22 of said chapter be amended by striking Beaver 
out the figures 1909. and substituting therefor the figures 1915. p^''*^'-''^<*- 
So that the section as amended shall read. Sect. 22. Xo pereon 
shall take, kill or have in his possession any beaver within this 
state prior to the first dav of Januarv. 1915. 



332 



Chapter 11. 



[1909 



Hunting with 
ferret 
prohibited ; 
penalty. 



Evidence of 
violation of 
deer law. 



Length of fish 
which may be 
taken. 



Lobsters 
protected ; 
penalty. 



Takes effect 
on passage. 



Sect. 3. That section 26 of said chapter be amended by insert- 
ing, after the word "ferret," the words, or shall be found with a 
ferret in his possession while hunting, so that the amended section 
shall read as follows, Sect. 26. If any person shall at any time 
take or kill any rabbit or hare by the use of a ferret, or shall be 
found with a ferret in his possession while hunting, he shall be 
fined not exceeding ten dollars ($10) or be imprisoned thirty days, 
or both. 

Sect. 4. That section 28 of the chapter be amended by striking 
out the words, "or fawn," so that the section as amended shall 
read. Sect. 28. If any person shall at any time have in his 
possession the carcasses or hides of any moose, caribou, elk, or the 
parts thereof, or the carcasses or hides or parts thereof of more 
than two deer, in the open season on deer, or the carcasses or hides 
or parts thereof of any deer when it [is] unlawful to take or kill 
deer, or the carcasses or hides or parts thereof of any other animal 
mentioned in this act when it is unlawful to take or kill such 
animal, it shall be prima facie evidence that such person has hunted 
and killed the same contrary to law. 

Sect. 5. Strike out the whole of section 68 of the chapter, and 
substitute the following: Sect. 68. If any person shall take, 
kill or have in his possession at any time, a brook trout of a length 
less than five inches, a black bass of a length less than eight inches, 
a land-locked salmon or a pickerel of a length less than twelve 
inches, or an aureolas or golden trout of a length less than ten 
inches, he shall be fined five dollars ($5) for each fish so taken, 
killed or had in (possession. 

Sect. 6. Strike out the Whole of section 76 of said chapter and 
substitute therefor the following : Sect. 76. If any person shall 
catch, preserve, have in possession, sell or expose for sale, any lob- 
ster under ten and one half inches in length, measuring from one 
extremity of the body to the other, exclusive of claws and feelers, 
or shall kill or destroy any female lobster while carrying her spav^ai, 
he shall be fined one dollar (i$l) for each lobster so caught, pre- 
served, had in possession, sold or exposed for sale. 

Sect. 7. This act shall take eft'ect upon its passage. 

[Approved February 17, 1909.] 



1909] 



Chapter 12. 



333 



OHAPTER 12. 

AN ACT IN RELATION TO MARKING THE LOCATION OF PUBLIC AND 
HISTORIC INCIDENTS. 



Section 

1. Erection of monuments, etc. 

2. Damages, how assessed. 

3. Petition for change of location. 



Section' 

4. Return and record of decision. 

5. Application to superior court. 

6. Takes effect on passage. 



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

Section 1. Selectmen of towns may permit the erection of monu- Erection of 

-, 1 ^ -T-Ti • 1- • 1T1-1 monuments, 

ments, tablets and markers by individuals or societies m public nigli- etc. 
ways or other public grounds in such places and of such character 
as may be approved by said selectmen, for the purpose of indicat- 
ing the occurrence of historic events and matters of public interest, 
provided that the reasonable use of such hig'hway or other public 
place shall not thereby be interfered with. 

iSect. 2. If any person shall be damaged in his estate by the Damages, how 
location or erection of such monument, tablet or marker, he may 
apply to the selectmen within six months after such location or 
erection, but not afterwards, to assess his damages, and thereupon 
such proceedings shall be had, including proceedings on appeal, as 
are provided in the case of assessment of damages in the laying out 
of highways. 

Sect. 3. Any person whose rights or interests shall be affected Petition for 
by such location may within sixty days after the approval of the loc^atfon." 
selectmen, as provided in section 1, but not afterwards, petition the 
selectmen for such changes in the terms of the location as he may 
desire ; and after notice to parties and hearing, the selectmen may 
make such alterations in said location, including revocation thereof, 
as justice may require. 

iSect. 4. The selectmen shall within thirty days make a return of Return and 
their proceedings and decision upon every petition presented to dec'isi1)n°^ 
them under section 3 of this act and of every location by them 
approved under the provisions of this act, and shall cause the same 
to be recorded by the town clerk. The fees of the selectmen and 
town clerk shall be paid by the petitioner. 

Sect. 5. If the selectmen shall neglect or refuse after thirty days Application to 
to decide and make return of their proceedings upon any petition court.'°'^ 
addressed to them under the provisions of section 3 of this act, or 
if any party whose interests are affected by such decision is dis- 
satisfied therewith, such petitioner or party so dissatisfied may 
apply to the superior court for relief within sixty days after the 
expiration of said thirty days or after such decision; and like 



334 



Chapters 13, 14. 



[1909 



Takes effect 
on pa&sage. 



proceedings shall thereupon be had as in the case of appeals from 
the laying out of highways. 

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

[Approved February 17, 1909.] 



CHAPTER 13. 

AN ACT AUTHORIZING AND APPROVING REQUEST OF THE BOARD OF 
TRUSTEES OP THE NEW HAMPSHIRE COLLEGE OF AGRICULTURE AND 
MECHANIC ARTS FOR THE ADMISSION OF THE COLLEGE TO THE BENE- 
FITS OF THE '* CARNEGIE FOUNDATION FOR THE ADVANCEMENT OF 
TEACHING." 



Request 
authorized, 
ratified, and 
approved. 



Takes effect 
on passage. 



Section 

1. Request authorized, ratified, and 
approved. 



Section 

2. Takes effect on passage. 



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

Section 1. That the action of the board of trustees of the -New 
Hampshire College of Agriculture and ^lechanic Arts in request- 
ing admission of said college to the benefits of the "Carnegie 
Foundation for the Advancement of Teaching." according to the 
resolution passed by said trustees January 14. 1909, is hereby 
authorized, ratified and approved. 

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

[Approved February 19, 1909.] 



CHAPTER 14. 



AN ACT PROVIDING FOR THE REGISTRATION OF RESIDENT HUNTERS. 



Section 

1. Hunting permits, issuance of; dis- 

position of fees. 

2. Permit to bear signature of holder, 

etc. 



Section 

3. Owners and occupants of land 

exempted. 

4. Penalty for violation ; takes effect 

July 1, 1909. 



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

Section 1. No citizen of the United States, residing in New 

mits. issuance Hampshire, shall at any time, hunt, pursue or kill any variety of 

wild animals or birds within the limits of the state, without having 



Hunting per- 
mits, issuanci 
of; disposition 
of fees. 



1909] Chapter 15. 335 

first procured from some person in the town or city in which he 
resides, said person to be designated by the fish and game commis- 
sioners, a permit to so hunt, pursue or kill, and the authorized 
agents of the commissioners shall issue, upon application therefor, 
to any resident of their own city or town entitled to receive one, 
such a permit ; the cost of each permit shall be one dollar, and the 
holder thereof shall be privileged to engage in hunting, in con- 
formity with the fish and game laws of the state, during the cal- 
endar year in which his permit is dated. All money received 
for the issuing of these permits, less twenty-five cents for each 
one, which may be retained as a fee by the agent authorized 
to issue them, shall be paid into the state treasury, and may 
be used from time to time, by the fish and game commissioners, 
as they may deem necessary, with the approval of the governor 
and council, for the protection and propagation of fish and game. 

Sect. 2. No permit shall be valid unless the signature of the permit to be 
person to whom it is issued is written thereon, and every such holder ^to. 
person shall at aU times w^hile hunting, carry his permit with him, 
and shall present the same for inspection to any person requesting 
him so to do, under penalty of forfeiture for non-compliance. 

Sect. 3. Nothing in this act shall 'be construed to prohibit land- owners and 
owners, or occupants of lands leased for agricultural purposes, and "and^exempt^d. 
members of their immediate families, from hunting, pursuing or 
killing wild animals or birds, upon lands so owned or occupied by 
them, without permits as aforesaid. 

Sect. 4. The penalty for violating section 1 of this act shall be Penalty ; takes 
a sum not exceeding ten dollars for each offense and the act itself 1909.'^"^^ ^' 
shall take etifect on July first, 1909. 

[Approved February 19, 1909.] 



CHAPTER 15. 



AN act to repeal ALL ANNUAL AND STANDING APPROPRL\TIONS. 



Sectiok 

1. No state expenditure without specific 

appropriation. 

2. Provisions for annual appropria- 

tions of stated sums repealed. 



Section 

3. Takes effect August 31, 1909. 



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

Section 1. That from and after the first day of September specific 
1909, no moneys shaU be paid from the state treasurv for anv i>ur- appropriations 

. , ■ r> . . " required. 

pose. Without a specific appropriation authorizing the expenditure. 



336 



Chapter 16. 



[1909 



Annual 

appropriations 

repealed. 



Takes effect 
August 31, 
1909. 



Sect. 2. So much of any statute now in force, as authorizes 
annual appropriations of stated sums for an indefinite period for 
any department of the state government, state institution, or public 
work, except salaries of officials, is hereby repealed. 

Sect. 3. This act shall take effect August 31, 1909. 

[Approved February 19, 1909.] 



CHAPTER 16. ' 



AN ACT FOR THE ADOPTION OF A STATE FLAG. 



Section 

1. State flag adopted. 

2. Color and design. 

3. WTien to be displayed. 



Section 

4. Takes effect on passage; repealing 
clause. 



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



Flag adopted. 

Color and 
design. 



When 
displayed. 



Takes effect 
on passage; 
repealing 
clause. 



Section 1. That a state flag be adopted. 

•Sect. 2. The body or field of the flag shall be blue and shaU 
bear upon its center in suitable proportion and colors a representa- 
tion of the state seal. The motto shall include the date 1784. Said 
seal shall be surrounded by a wreath of laurel leaves with nine 
stars interspersed. When used for military purposes said flag 
shall conform to the regulations of the United States. 

Sect. 3. Said flag shall be displayed above the state house when- 
ever the legislature is in session, and during meetings of the gov- 
ernor and council when expedient, and upon such other occasions 
as the governor may designate. 

Sect. 4. This act shall take effect upon its passage and all acts or 
parts of acts inconsistent with this act are hereby repealed. 

[Approved February 24, 1909.] 



1909] 



Chapters 17, 18. 



337 



CHAPTER 17. 



AN ACT IN AMENDMENT OF CHAPTER 114 OP THE SESSION LAWS OF 
1905, ENTITLED ^'aN ACT FOR THE IMPROVEMENT OP FISHING IN 
LAKE SUNAPEE.'^ 



Section 

1. Black bass protected. 



Section 

2. Takes effect on passage. 



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

Section 1. Strike out the figures "15" in the third line of 
section 1, in said chapter, and insert in place thereof, the figure 9, 
so that said section as amended will read: Section 1. If any per- 
son shall take or kill any black bass in the waters of Lake Sunapee 
during the months Oif May and June in any year, except with a fly 
after June 9, he shall be fined ten dollars for each fish so talcen or 
killed, or be imprisoned sixty days, or both. 

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

[Approved February 24, 1909.] 



Black bass 
protected. 



Takes effect 
on passage. 



CHAPTER 18. 



AN ACT TO PROVIDE FOR THE RECORDING OF SALES OF REAL ESTATE FOR 

TAXES. 



Section 

1. Sheriff or collector to forward 

record to registry of deeds. 

2. Record of sale by register. 



Section 

3. Fees of collector and register. 

4. Repealing clause ; act takes effect 

on passage. 



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

Section 1. Each tax collector or sheriff, within two days after 
selling any real estate for taxes, shall forward by registered mail 
to the register of deeds for the county in which the real estate is 
situated, a statement of the following facts relating to each parcel 
of real estate sold, certiified by him to be true : the name of the 
person, persons or corporation to whom the real estate was taxed, 
as it appears in the tax list committed to him; the description, if 
any, of the property as it appears in said list; the amount of the 
taxes for which the sale was made; the date of the sale; the name 
of the purchaser; the sum paid or to be paid by the purchaser; 
a description of the parcel or interest sold ; and a statement of the 
officer's fees and expenses in making the sale, and reporting the 



Record to be 

sent to regis- 
try of deeds. 



338 



Chapter 19. 



[1909 



Register to 
record sales. 



Fees. 



Repealing 
clause; act 
takes effect 
on passage. 



same to the register of deeds. When, any such sale shall be re- 
deemed, the tax collector or sheriff shall within two days notify the 
register of deeds of his county of the fact of such redemption, the 
date of the same and the person or persons or corporation so re- 
deeming. 

Sect. 2. Each register of deeds shall record all of the facts 
reported to him 'by the tax collectors or sheriffs of his county in a 
book or books to be kept for that purpose. He shall keep an index 
of such book or books showing the location of the property and 
the names of the owners to whom taxed, of the purchasers at tax 
sales and of those who redeem. Said index may be the same as 
that for other records in his office or a separate one, as each register 
shall determine. 

Sect. 3. The tax collector or sheriff shall be allowed a fee of 
twenty-five cents for each parcel of real estate sold by him for 
taxes, together with the actual cost of postage for reporting the 
facts as provided in section 1; and the register of deeds shall be 
allowed twenty-sfive cents for recording the facts as to each parcel, 
to be advanced by the tax collector or sheriff, and taxed with his 
other fees and charges for making the sale. Like fees shall be 
allowed in cases of redemption of property from tax sales, to be 
paid by the person, redeeming. 

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

[Approved February 24, 1909.] 



CHAPTER 19. 

AN ACT REGULATING THE USE OF PURSE SEINES IN THE WATERS OP 
THE ATLANTIC OCEAN. 



Section 

1. Use of purse seines regulated. 

2. Penalty for violation. 



Section 

3. Takes effect on passage. 



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



Use regulated. SECTION 1. No pcrsou shall at any time of the year, take or catch 
with a purse seine any of the fish called cod, haddock, pollock, hake, 
or flounders, along the shores of the Atlantic ocean between Rye 
ledges, and the Massachusetts line. 



1909] Chapters 20, 21. 339 

Sect. 2. Any person violating the provisions of section. 1 of Penalty. 
this act, shall, for each offense he punishable by a fine not exceed- 
ing fifty dollars ($50) or by imprisonment not exceeding six months 
or by both. 

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

[Approved February 24, 1909.] 



OHAPTEiR 20. 



AN ACT RELATING TO INCOMPATIBILITY OF CERTAIN OFFICES OF SCHOOL 

DISTRICTS. 



Section 

1. Member of school board not to be 
treasurer, auditor, or teacher. 



Section 

2. Takes effect on passage. 



Be it enacted hy the Senate a^id House of Representatives in 
General Court convened: 

Section 1. No person holding office as a member of a school Certain offices 

,.. ,. incompatible. 

board shall at the same time act as district treasurer or auditor, 
nor shall any member of a school board be employed as a teacher 
in his district. 

Sect. 2. This act shall take effect upon its passage. ontTa^ssfge* 

[Approved February 24, 1909.] 



CHAPTER 21. 



AN ACT amending SECTION 5 CHAPTER 36 OF THE SESSION LAWS OF 
1907, ENTITLED '^AN ACT AMENDING CHAPTER 79 SESSION LAWS OP 
1901, AND CHiiPTER 38 SESSION LAWS OP 1905 RELATING TO PISH 
AND GAME.'' 

Section 1. Hares and rabbits protected. 

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

Section 1. That section 5 be amended by striking out the word Hares and 

rabbits 

"first" and substituting therefor the word thirty^first, so that the protected. 
amended section shall read as follows: Sect. 5. If any person 



340 



Chapter 22. 



1909 



shall take or kill any hare or rabbit between the thirty -first day of 
March and the first day of October in any year, he shall be fined 
not exceeding ten dollars ($10), or imprisoned thirty days, or 
both such fine and imprisonment. 
[Approved February 24, 1909.] 



CHAPTER 22. 

AN ACT IN RELATION TO THE SALARIES OF SCHOOL BOARDS AND TRUANT 

OFFICERS. 



Section 

1. District to determine salaries. 

2. Selectmen to assess sums de- 

termined. 



Section 

3. Treasurer to pay salaries. 

4. Repealing clause ; act takes effect 

on passage. 



Be it enacted hy the Seriate and House of Eepresentatives in 
General Court convened: 



District to fix 
salaries. 



Selectmen to 
assess sums 
fixed. 



Treasurer to 
pay salaries. 



Repealing 
clause; act 
takes effect 
on passage. 



Section 1. At its annual meeting each school district shall 
determine and appoint the salaries of its school board and truant 
officer or officers, and the district clerk shall certify the same to 
the selectmen. 

Sect. 2. The selectmen shall annually assess upon the polls and 
ratable estate of the district a sum equal to amounts determined 
by the district as prescribed in section 1 and shall pay over the 
same to the district treasurer. 

Sect. 3. The district treasurer shall pay to the school board the 
salaries aforesaid and he shall likewise pay the truant officer upon 
the order of the school board, they certifying that he has performed 
the duties required of him by law. 

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

[Approved February 24, 1909.] 



1909] 



Chapters 23, 24. 



341 



CHAPTER 23. 

AN ACT IN AMENDMENT OP CHAPTER 89 OF THE PUBLIC STATUTES, 
AND DEFINING THE TOWN SCHOOL DISTRICT. 



Section 

1. Each town 'a school district; le- 
gally organized districts are 
corporations. 



Section 

2. Repealing clause; act takes effect 
on passage. 



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

Section 1. Sections 1 and 2 of chapter 89 of the Public Statutes Each town a 

„ ,, school district ; 

are hereby amended so that the said sections shall read as follows: districts are 
Section 1. Each town shall constitute a single district for school corporations, 
purposes, provided, however, that districts organized under special 
acts of the legislature may retain their present organiza- 
tion; and the word "town" wherever used in the statutes in con- 
nection with the government, administration, support, or improve- 
ment of the public schools sliall be held to mean district. 
Sect. 2. All districts legally organized shall be corporations, 
with power to sue and be sued, to hold and dispose of real and 
personal property for the" use of the schools therein, to make neces- 
sary contracts in relation thereto. 

Sect. 2. All acts and parts oi acts inconsistent with the fore- Repealing 
going are hereby repealed and this act shall take ettect on its takes effect 

on passage. 

passage. 

[Approved February 24, 1909.] 



CHAPTER 24. 



AN ACT IN AMENDMENT OF CHAPTER 79 OP THE PUBLIC STATUTES. 
ENTITLED "SIDEWALKS AND SEWERS." 



Section 

1. Payment of sewer assessments by 
instalments. 



Section 

2. Takes effect on passage. 



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

Section 1. The following section shall be added to chapter 79 Sewer assess 
of the Public Statutes and shall 'be known as section 11 of said instalments, 
chapter: Sect. 11. The mayor land aldermen of any city and the 
selectmen of any town where the provisions of this chapter are in 



342 



Chapter 25. 



[1909 



Takes effect 
on passage. 



force may, in their discretion, in making any assessment under 
section 4 of this chapter, assess the same to be paid in annual frac- 
tional instalments extending over a period not exceeding five years 
and, in such case, their assessment so made shall create a lien upon 
the land on account of which it is made and the lien of each annual 
fractional instalment so assessed shall continue for one year from 
the tii*st day of June of the year such annual fractional instalment 
becomes due. Nothing herein shall be construed to prevent the 
making and collection of assessments under section 5 of said chap- 
ter 79. 

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

[Approved February 24, 1909.] 



CHAPTER 25. 



AN ACT IN AMENDMENT OF SECTION 9, CHAPTER 286 OP THE PUBLIC 
STATUTES OF NEW HAMPSHIRE, RELATING TO CLERICAL EXPENSES 
IN THE adjutant-general's OFFICE. 



Annual 
appropriation 
of $800. 



Takes effect 
on passage. 



Section 

1. Annual appropriation of $800. 



S.St'TION 

2. Takes effect on passage. 



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

Section 1. That section 9 chapter 286 of the Public Statutes of 
New Hampshire be amended by striking out the words "five hun- 
dred" and inserting in place thereof the words eight hundred, so 
that said section as amended shall read: The sum of eight hundred 
dollars is annually appropriated for clerical expenses in the adju- 
tant-general's office to be expended according to the discretion of 
the adjutant-general. 

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

[Ap; .'•oved February 24, 1909.] 



1909] Chx\pters 26, 27. 343 

CHAPTEiR 26. 

AN ACT PROHIBITING FISHING THROUGH THE ICE ON PLEASANT LAKE, 

NEW LONDON. 

Section I Section 

1. Ice-fishing prohibited. | Takes effect on passage. 

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

Section 1. If any person shall fish through the ice from the ice-fishing 
date of the passage of this act, on Pleasiant lake, in the town ot '^'^ ' 
New London, he shall be punished by a fine of ten dollars for each 
offense. 

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

on passage. 

[Approved February 24, 1909.] 



CHAPTER 27. 



AN ACT TO AMEND SECTION 1, CHAPTER 53 OF THE PUBLIC STxVTUTES, 
RELATING TO VILLAGE DISTRICTS. 

Section l Section 

1. Village districts for care of public ] 2. Repealing clause; act takes effect 
parks. ] on passage. 

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

Section 1. Amend section 1, chapter 53 of the Public Statutes, village dis- 
by inserting after the word "sewers" in the tenth line of said sec- of public 
tion, the following words : — the construction, maintenance and care p^'^''^- 
of parks or commons — so that said section, as amended, shall read 
as follows : Section 1. Upon petition of ten or more legal voters, 
inhabitants of any village situate in one or more towns, the select- 
men of such town or towns shall fix, by suitable boundaries, a dis- 
trict including the village and such adjacent parts of the town or 
towns as may .seem to them convenient, for any or either of the 
following purposes: The extinguishment of fires, the lighting or 
sprinkling of streets, the planting and care for shade and orna- 
mental trees, the supply of water for domestic and fire purposes, 
the construction and maintenance of sidewalks and main drains or 
common sewers, the construction [,] maintenance and oare of parks 
or commons and the appointing and employing of watchmen and 
police officers. They .shall caase a record of the petition and their 



344 



Chapters 28, 29. 



1909 



Repealing 
clause; act 
takes effect 
on passage. 



doings thereon to be recorded in the records of the towns in which 
the district is situate. 

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

[Approved February 24, 1909.] 



Attendance at 

teachers' 

institutes. 



CHAPTER 28. 

AN ACT IN AMENDMENT OF CHAPTER 29. SESSION LAWS OF 1903, CON- 
CERNING ATTENDANCE ON TEACHERS'* INSTITUTES. 

Section 1. Attendance of teachers at teachers' institutes. 

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

Section 1. In line 4 after the word "exceeding" stril^e out 
the words "three days in any term or five days in any year" 
and insert the words one day in any term, so that it shall read: 
Teachers of public schools may attend teachers' institutes held 
within the state, as provided by law, not exceeding one day in 
any term, and the time so spent shall be regarded as spent in the 
ser\'iee of the district. 

[Approved February 24, 1909.] 



To be cared 
for by state 
after January 
1, 1913. 



CHAPTER 29. 

AN ACT TO AMEND CHAPTER 61 OF THE SESSION LAWS OF 1903 RELAT- 
ING TO THE CARE AND SUPPORT OF THE DEPENDENT INSANE BY THE 
STATE. 

Section 1. To be cared for by state after January 1, 1913. 

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

Section 1. Section 1 of chapter 61 of the session Laws of 1903 
is amended by striking out the words, "the first day of January 
1909," and inserting in lieu thereof the words, the first day of 
January 1913, so that said section shall read: Section 1. The 
state from and after the first day of January 1913, shall have the 
care, control and treatment of all insane persons who are now 



1909] Chapter 30. 345 

cared for by the various counties at the county almshouses; and 
no county shall hereafter establish any asylum or other additional 
structure for the care of the insane, nor after said date maintain 
any institution for the insane, or be liable for the board, treatment, 
care or act of any insane person. 
[Approved February 24, 1909.] 



CHAPTER 30. 



kept. 



AN ACT IN AMENDMENT OF SECTION 10 OF CHAPTER 84 OF THE PUBLIC 
STATUTES RELATING TO AID TO SOLDIERS. 

Section 1. Account of aid to soldiers, how kept. 

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

Section 1. Amend section 10 of chapter 84 of the Public Accounts, how 
Statutes by striking out the word "dependent" in the third line 
of said section so that said section as amended shall read as fol- 
lows Sect. 10. The expense of support furnished under the 
provisions of the preceding section shall be kept and reported in a 
separate account under the head of Aid furnished to Soldiers and 
Their Families, and not in the general pauper account, but shall 
be recoverable of the person, town, or eounty liable therefor as in 
other cases. 

[Approved February 24, 1909.] 



346 



Chapter 31. 



1909 



CHAPTER 31. 

AN ACT TO PROTECT THE GRAND ARMY OP THE REPUBLIC, BENEVOLENT, 
HUMANE, FR^iTERNiUj, CHARITABLE OR OTHER ORGANIZATIONS IN 
THE USE OF THEIR NAMES AND EMBLEMS AND PROVIDING PENALTIES 
FOR THE VIOLATION THEREOF. 



Unauthorized 
use of name 
prohibited. 



Unauthorized 
use of insignia 
prohibited. 



Section 

1. Unauthorized use of name pro- 

hibited. 

2. Unauthorized use of insignia pro- 

hibited. 



Section 

3. Violation may be enjoined. 

4. Penalty for violation. 

5. Repealing clause. 

6. Takes effect on passage. 



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

Section 1. No person, society, association or corporation shall 
assume, adopt or use the name of a military, ex-military, patriotic, 
benevolent, humane, fraternal or charitable organization, incor- 
porated under the laws of this or any other state, or of the United 
States, or a name so nearly resembling the name of such incorpo- 
rated organization as to be a colorable imitation thereof, or cal- 
culated to deceive persons not members, with respect to such 
corporation. In all cases where two or more such societies, asso- 
ciations or corporations claim the right to the same name, or to 
names substantially similar as above provided, the organization 
which was first organized and used the name, and first became in- 
corporated under the laws of the United States or of any state of 
the Union, shall be entitled in this state to the prior and exclusive 
use of such name, and the rights of such societies, associations or 
corporations, and of their individual members shall be fixed and 
determined accordingly. 

Sect. 2. No person shall wear or exhibit the badge, button, em- 
blem, decoration, insignia, or charm, or shall assume or use the 
name of any military, ex-military, patriotic, humane, fraternal or 
charitable oorporation, incorporated under the laws of this or any 
other state, or of the United States, or shall assume or claim to be 
a member thereof, or of a military, ex-military, patriotic, benevo- 
lent, humane, fraternal or charitable corporation, the name of which 
shall so nearly resemble the name of any other corporation existing 
prior to the organization of the corporation or association of which 
such person may claim to be a member, the name whereof may be 
calculated to deceive the people with respect to any such prior 
corporation, unless he shall be authorized under the laws, statutes, 
rules, regulations and by-laws of such former corporation, to wear 
such badge, button, emblem, decoration, insignia or charm or to 
use and assume such name as a member thereof. 



1909] 



Chapter 32. 



347 



Whenever there shall be an actual or threatened viola- violation may 

bo enjoined. 

above act, an application may be made to the court or 



Sect. 3. 
tion of the 

judge having jurisdiction, to issue an injunction upon notice to the 
defendant of not less than five days, for an injunction so restraining 
such actual or threatened violation, or if it shall appear to such 
court or justice that the defendant is in fact using the name of a 
military, ex-military, patriotic, benevolent, humane, fraternal or 
charitable corporation, incorporated as aforesaid, or a name so 
nearly resembling it as to be calculated to deceive the public, or is 
wearing or exhibiting the badge, insignia or emblem of such cor- 
poration without authority thereof, and in violation of the above 
act, an injunction may be issued by said court or justice enjoining 
or restraining such actual or threatened violation, without requir- 
ing proof that any person has in fact been misled or deceived 
thereby. 

Sect. 4. Any pei'son wilfully violating the provisions of section Penalty. 
] or 2 of this act shall be deemed guilty of a misdemeanor and 
upon conviction thereof fined not exceeding ten dollars or im- 
prisoned in the county jail not exceeding thirty days or both such 
fine and imprisonment. 

Sect. 5. Chapter 62 of the Laws of 1907 and all acts and parts Repealing 
of acts inconsistent with this act are hereby repealed. ^ ^^^^' 

Sect. 6. This act shall take eft'ect on its passage. Takes effect 

[Approved February 24. 1909.] 



on passage. 



CHAPTER 32. 



AN ACT IN AMENDMENT OP CHAPTER 79 OF THE LAWS OF 1901, AS 
AMENDED BY CHAPTER 82 OF THE LAWS OF 1903, AND OF CHAPTER 
36 OF THE LAWS OF 1907, FOR THE BETTER PROTECTION OF LAKE 
TROUT, LAND-LOCKED SALMON AND WHITE FISH. 



Section 

1. Lake tront, land-locked salmon, etc., 
protected. 



Section 

2. Takes effect on passage. 



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



Section 1. Amend chapter 79 of the Laws of 1901, by striking Lake trout, 
out all of section 56 as amended by chapter 82 of the Laws of salmon, etc., 
1903, and also amend chapter 36 of the Laws of 1907 by striking p'^^^"^^^- 
out all of section 10, and inserting in place thereof as section 56 
of the Laws of 1901 the following : Sect. 56. No person shall take, 



348 



Chapter 33. 



[1909 



Takes effect 
on passage. 



kill, or have in his possession from the waters of Lake Winnipe- 
saukee, Lake Paugus, or Lake Winnisquam any lake trout or 
land-locked salmon between the first day of July in any year and 
the first day of January next following, or from any of the other 
waters of the state between the fifteenth day of September in any 
year and the first day of January next following. And no person 
shall take, kill, or have in his possession from any of the waters of 
this state, any white fish, known as shad, shad waiters, bill fish, or 
blue fins, between the first day of May in any year and the first 
day of January next following. 

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

[Approved February 24, 1909.] 



CHAPTER 33. 



AN ACT TO PROVIDE FOR THE ASSESSMENT AND COLLECTION OF A STATE 
TAX FOR THE YEAR 1909. 



Section 

1. state tax of $800,000. 

2. Repealing clause. 



Section 

3. Takes effect on passage. 



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



State tax of 
$800,000. 



Repealing 
clause. 



Takes effect 
on passage. 



Section 1. The sum of eight hundred thousand dollars shall be 
raised for the use of the state for the year 1909, 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 
1907 ; 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, 1909, 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 1 of chapter 141 of the Laws of 
1907, entitled "An act to provide for the assessment and collection 
of an annual state tax for the term of two years," which are incon- 
sistent with this act are hereby repealed. 

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

[Approved February 24, 1909.] 



1909 J CH.VPTERS 34, 35. 349 

CHAPTER 34. 

AN ACT IN AMENDMENT OF SECTION 14 OP CHAPTER 284 OF THE PUBLIC 
STATUTES RELATING TO THE INDUSTRIAL SCHOOL. 

Section | Section 

1. Committals during minority. I 2. Takes effect on passage. 

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

Section 1. Section 14 of chapter 284 of the Public Statutes is Committals 
hereby amended by striking out the words "for such term not less minority, 
than one year nor extending beyond the age of twenty-one years as 
the court or justice shall judge most for his true interest and bene- 
fit" and inserting instead thereof the words for minority so that 
said section shall read as follows: Sect. 14. Whenever a minor 
under the age of seventeen years shall be convicted of an offense 
punisliable by imprisonment, otherwise than for life, and shall be 
sentenced accordingly, the court or justice, upon application of the 
minor, his friends, or the state's attorney, may order that, instead 
of such imprisonment, the minor may be sent to and be kept 
employed and instructed at the industrial school for minority, 
provided he shall conduct himself according to the regulations of 
the school. A copy of such order shall be suificient authority for 
his commitment and detention at the school. 

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

[Approved February 24, 1909.] on passage. 



CHAPTER 35. 



AN ACT AUTEfORIZING THE APPOINTMENT OF A COMMITTEE TO CONSIDER 
THE ADVISABILITY OF RE-INDEXING AND CHANGING THE RECORDS IN 
THE OFFICE OF HILLSBOROUGH COUNTY REGISTRY OF DEEDS. 

Section i Section 

1. Committee authorized. | 2. Takes effect on passage. 

Be it enacted ly the Senate and House of Representatives in 

General Court convened: 
• 

Section 1. The members of the legislature for the year 1909, Committee 
composing the Hillsborough County convention are hereby au- '"'*^''"'^'^- 
thorized to appoint a committee of three from their membership 
to confer with the register of deeds and tihe commissioners for the 
said county of Hillsborough and decide what changes, if any, are 



350 



Chapters 36, 37. 



1909 



Takes effect 
on passage. 



necessary to provide a convenient index far the records now in 
said office and to decide what method, if any, will be more con- 
venient and better adapted to the future indexing of records therein. 

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

[Approved February 25. 1909.] 



CHAPTER 36. 



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

OF SULLIVAN. 



Annual salary 
of $500; 
repealing 
clause. 



Takes effect 
on passage. 



Section 

1. Annual salary of $500; repealing 
clause. 



Section' 

2. Takes effect on passage. 



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

Section 1. That the salary of the solicitor of the county of 
Sullivan shall hereafter be five hundred dollars per annum, paya- 
ble as now provided by law; and so much of section 17, chapter 
286 of the Public Statutes as is inconsistent with this act is hereby 
repealed. 

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

[Approved February 25. 1909.] 



CHAPTER 37. 



AN ACT IN RELATION TO PROBATE BONDS. 



New bond, 
when. 



Repealing 
clause ; act 
takes effect 
on passage. 



Section 

1. Judge may permit new bond to be 
filed. 



Section 

2. Repealing clause; act takes effect 
on passage. 



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

Section 1. A judge of probate, on application of the principal 
to a bond, may permit a new bond to be filed, and. after due notice, 
may, in his discretion, discharge the sureties to the original bond 
from all further responsibility thereon. 

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

[Approved February 25, 1909.] 



1909] Chapters 38, 39. 351 

CHAPTER 38. 

AN ACT FIXING THE TERMS OP THE SUPERIOR COURT FOR CARROLL 

COUNTY. 

Section ] Skction 

1. Terms, when and where held. i 3. Takes effect on iiassage; repeal- 

2. Prior writs and processes saved. | ing clause. 

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

Section 1. The terms of tlie superior court for the county of when and 
Carroll shall be held at Ossipee on the third Tuesday of ]\Iay and 
second Tuesday of November each year. 

Sect. 2. All writs and processes which have been heretofore Prior writs 
issued or which may be issued before this act takes effect, and all saved, 
precepts, recognizances and proceedings of every kind now return- 
able at the trial term of the superior court on the second Tuesday 
of June next shall be taken to be returnable at the corresponding 
term of the superior court to be holden on the third Tuesda^^ of 
May next. All cases and proceedings now pending upon the trial 
term docket of the June term, 1909, of the superior court shall be 
in order to be heard and tried at the May term. 1909, of the 
superior court next to be holden in said county. 

Sect. 3. This act shall take effect upon its passage and all acts Takes effect 
or parts of acts inconsistent with this act are hereby repealed. ?epeaihf|^' 

[Approved Februarv 25, 1909.] 



CHAPTER 39. 

AN ACT IN AMENDMENT OP SECTION 6 OF CHAPTER 24 OF THE LAWS OF 
1895, IN RELATION TO AN ACT IN ADDITION AND SUPPLEMENTAL TO ' 
CHAPTER 13 OF THE LAWS OF 1891 ENTITLED '^\N ACT FOR THE 
ERECTION OP A STATE LIBRARY BUILDING." 

Section , Section 

1. Administration of library of New 2. Takes effect on passage. 

Hampshire Historical Society. 

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

Section 1. Section 6 of chapter 24 of the Laws of 1895 is hereby Administration 
amended by adding at the end thereof the following clause: Upon NewHamp- 
the removal of the New Hampshire Historical Society to its new c^lode^tjr' 



oo'j: 



Chapter 40. 



1909 



Takes effect 
on passage. 



building the trustees are authorized to make such contracts with 
said society for the administration of the two libraries in conjunc- 
tion with each other, which may be terminated by the trustees of 
the state library or the legislature, as shall in their opinion be for 
the best interests of the two institutions and of the citizens of the 
state, such contracts and the termination thereof to be subject to 
the approval of the governor and council, so that said section as 
amended shall read as follows : Sect. 6. The trustees of the state 
library are authorized to become the custodians for the state of 
collections of books, pamphlets, and maps, and writings, and col- 
lections of a historical nature, by arrangement with associations or 
persons who may be the owners or lawful custodians thereof, 
whereby the public shall enjoy the benefit of using and consulting 
such collections in the state library upon such terms and under 
such regulations as may be agreed upon by the partias. Upon the 
removal of the New Hampshire Historical Society to its new build- 
ing the trustees are authorized to make such contracts with said 
society for the administration of the two libraries in conjunction 
with each other, which may be terminated by the trustees of the 
state library or the legislature, as shall in their opinion be for the 
best interests of the two institutions and of the citizens of the state, 
such contracts and the termination thereof to be subject to the 
approval of the governor and council. 

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

[Approved February 25, 1909.] 



CHAPTER 40. 

AN ACT TO CORRECT AND ESTABLISH THE WAY IN WHICH THE NAME OV 
THE TOWN OF TUFTONBOROUGH SHALL BE SPELLED. 



Section 

1. Spelling of town name established. 



Section 

2. Takes effect on passage. 



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



Spelling of 

name 

established. 



Takes effect 
on passage. 



Section 1. That the spelling of the corporate name of the town 
of Tuftonborough be hereby amended by striking out the letters 
"ugh" after the last "o" in said name, so that the same shall here- 
after be spelled as follows ; Tuftonboro ; and the same sihall be the 
legal name of said town. 

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

[Approved March 10, 1909.] 



1909] - Chapters 41, 42. 353 

CHAPTER 41. 

AN ACT IN AMENDMENT OF SECTION 9 OF CII.VPTER 118 OF THE LAWS 
OF 1895, RELATING TO PUBLIC LIBRARIES. 

Section i Section 

1. Library bulletin, contents of. | 2. Takes effect on passage. 

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

Section 1. Seetion 9 of chapter 118 of the Laws of 1895 is Lit)rnry 

<->_(? 1 bulletin, 

hereby amended by inserting after the word "work in the iifth contents of. 
line of said section the following : and such indexes and other 
bibliographical matters deigned to aid in the administration of 
public libraries in connection with the state library so that said 
section as amended shall read as follows : Sect. 9. The board of 
library commissioners shall, at least twice in each year, issue a 
library bulletin, w^hich shall contain recommendatians as to the best 
methods to be employed in library work, together with notes on 
library progress, and such other matters of general information 
relating to library work, and such indexes and other bibliographi- 
cal matters designed to aid in the administration of public libraries 
in connection with the state library, as they may deem proper. The 
said bulletin shall be printed and distributed under the direction of 
the commissioners, at least three copies of the same being sent to 
each, free public library in the state, and such further distribution 
being made as the judgment of the board may suggest. 

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

on passage. 

[Approved ]\Iarch 10, 1909.] 



CHAPTER 42. 



AN ACT IN AMENDMENT OF CHAPTER 72, LAWS OF 1907, RELATING TO 
THE MANUFACTURE AND SALE OF ICE CREAM. 

Section 1. Standard of purity established. 

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

Section 1. In the third line of section 1 of chapter 72 of the standard of 
Laws of 1907 strike out after the word "sugar" the words "and e"tabiished. 
some neutral flavoring," and insert in the place thereof the words 
some natural flavoring and not more than one tenth of one per cent, 
of filler, so that the section as amended shall read as follows: Sec- 



354 



Chapter 43 



1909 



TiON 1. No person shall manufacture for sale, keep for sale, sell, 
exchange, barter or deal in ice cream which shall contain any sub- 
stance other than milk, cream, eggs, sugar some natural flavoring 
and not more than one-fifth of one per cent, of filler, or which 
shall contain less than 14 per cent, butter fat. 
[Approved March 10, 1909.] 



CHAPTER 43. 

AN ACT TO PREVENT STOCK GAMBLING AND THE MAINTENANCE OF 

BUCKET SHOPS. 



Maintenance 
of bucket shop 
prohibited; 
evidence of 
violation. 



Section 

1. Maintenance of bucket shop pro- 

hibited; evidence of violation. 

2. Penalty for violation. 

3. Offense complete, when; -who 

deemed accessory. 



Section 

4. Commission merchants and brokers 

to furnish statements of transac- 
tions. 

5. Illegal business may be enjoined. 



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

Section 1. No person or corporation shall keep or cause to be 
kept a "bucket shop," office, store or other place in which is con- 
ducted or permitted the pretended buying or selling of stocks or 
bonds of a corporation, or petroleum, cotton, grain, provisions, pork 
or other produce, either on margins or otlierwise, without any inten- 
tion of receiving and paying for the property so bought, or of 
delivering the property so sold, or in which is eonducted or per- 
mitted the pretended buying or selling of such property on margins, 
or when the party buying, or offering to buy such property, does 
not intend actually to receive the same if purchased or to deliver 
it if sold. AYhenever stocks or bonds are in any manner quoted in such 
places, or the expression "corporation," "association," or "com- 
pany," or any abbreviation thereof, used therein and therewith, it 
shall be prima facie evidence that such stocks or bonds are the stocks 
or bonds of then going corporations; and ^Vhenever such stocks 
or bonds, or such petroleum, cotton, grain, provisions, pork or other 
produce are not actually received when purchased or actually de- 
livered when sold, it shall be prima facie evidence that such prop- 
erty was sold or purchased without any intention of receiving it or 
paying for or delivering it; that such property was bought or sold 
on margins; and that the parties buying or selling or ofi^ering to 
buy or sell such property did not intend actually to receive or 
deliver the same. 



1909] Chapter 43. 355 

Sect. 2. A person or corporation, whether acting individually, Penait.v. 
or for another person or pei-sons, or as a member, officer, agent or 
employee of a corporation, who violates the preceding section, shall 
be fined not more than one thousand dollars and not less than two 
hundred dollars; a person who is guilty of a second offense, in 
addition to the penalty above described, shall be imprisoned six 
months. The continuance of such establishment after its first con- 
viction shall be deemed a second offense. 

Sect. 3. The offense shall be complete as against a person or offense com- 

n> • 1 • J 1 • plete, when ; 

corporation piretendmg or ottering to sell or to buy, as provided m who deemed 
the second preceding section, whether the offer to sell or buy is ''^'^^^^°^^- 
accepted or not ; and a person or corporation communicating, receiv- 
ing, exhibiting or displaying in any manner such offer to so buy or 
sell, or any statements or quotations of the prices of such property, 
with a view to such transaction, shall be deemed an accessory, and 
shall be fined and punished as provided in the preceding section. 

Sect. 4. A person or corporation doing business as a commission Commission 
merchant or broker shall furnish, on demand, to any customer or brok'ers^to fur- 
principal for whom such person or corporation has executed an ^'g^t/'^of''' 
order for the actual purchase or sale of any of the commodities transactions, 
mentioned in the three preceding sections, either for immediate or 
future delivery, a written statement containing the names of the 
parties from whom such property was bought, or to whom to sold, 
the time when, place where, and price at which the same was bought 
or sold ; and if such person or corporation refuses promptly to fur- 
nish statement upon reasonable demand, such refusal shall be prima 
facie evidence that such property was not bought or sold in a 
legitimate manner. 

Sect. 5. When a prosecution is commenced for the violation of inegai busi- 
any of the provisions of this act, the attorney-general or county enjoined, 
solicitor for the county in which said shop, office, store or other 
place is located, may petition the superior court or any justice 
thereof, in term time or vacation, to enjoin the carrying on of such 
unlawful business in the place where a complaint, information or 
indictment charges that it has been conducted. Said court shall 
hear and determine snch petition, and may, if the allegations therein 
are sustained, permanently enjoin the person, firm or corporation, 
shown to have kept or caused to have been kept such place, from 
conducting such prohibited business therein. Said court may upon 
petition therefor in such proceeding issue a temporary injunction to 
effect, during the pendency of the petition, the closing of such place 
against such unlawful business. The costs of the proceedings afore- 
said, in case the state prevail, shall be taxed against the defendant. 

[Approved March 10. 1909.] 



356 



Chapters 44. 45. 



1909 



CHAPTER 44. 

AN ACT IN AMENDMENT OP SECTION 11 OP CHAPTER 81 OP THE SESSION 
LAWS OP 1907, ENTITLED '^AN ACT TO PROVIDE POR THE TAXATION 
OP EXPRESS COMPANIES." 



"Express 
business," 
meaning of. 



Repealing 
clause; act 
takes effect 
on passage. 



Section 

1. "Express business," meaning of. 



Skction 

2. Repealing clause; act takes effect 
on passage. 



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

Section 1. Section 11 of cliapter 81 of the session Laws of 1907, 
entitled "An act to provide for the taxation of express companies" 
is amended by adding at the end of said section the following sen- 
tence: The term "express business" shall be construed to mean the 
business of transporting property, as express, over the lines of 
railroads, so that said section as amended will read : Sect. 11. 
The word "company" as used in this act shall apply to all persons, 
co-partnerships, associations or corporations doing an expreas busi- 
ness in this state. The term "express business" shall be construed 
to mean the business of transporting property as express, ever the 
lines of railroads. 

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

[Approved March 10, 1909.] 



CHAPTER 45. 



AN ACT AUTHORIZING STREET RAILWAY CORPORATIONS TO CARRY 
FREIGHT AND EXPRESS. 



Authority 
granted. 



Section 

1. Authority granted. 

2. Rates, how regulated. 



Section 

3. Takes effect on passage. 



Be it enacted hi/ the Senate and House of liCprcscnfativcs in 
General Court convened: 

Section 1. Any street railway operating within the state of 
Now Hampshire, under a special act of the legislature, or organized 
under the Public Statutes of the state, provided its board of di- 
rectors shall annually vote so to do, and provided the consent of tlie 
railroad commissioners shall first have been obtained, shall have 
the right to carry freight and express matter and charge and col- 
lect proper toll therefor. 



1909] 



Chapters 46, 47. 



357 



Sect. 2. All fares established by street railways fo.r carrying Rates, how 
freight and express as provided in section 1 shall be subject to 
regulation, revocation and control by the railroad commissioners. 

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

[Approved March 10, 1909.] 



Takes effect 
on passage. 



CHAPTER 46. 



AN ACT IN RELATION TO THE RATE OF TAXATION. 



Section 

1. Rate of taxation of certain public 
service corporations. 



Section 

2. Repealing clause; act takes effect 
on passage. 



Rate of taxa- 
tion of certain 
corporations. 



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

Section 1.- That the rate of taxation assessed upon the property 
of persons and corporations owning or operating telegraph and 
telephone lines, parlor, sleeping and dining cars, and upon the 
property of persons, associations or corporations engaged in ex- 
press business, shall be a rate as nearly equal as may be to the 
average rate of taxation on the first day of Ap'ril of each year 
upon other property throughout the state, excepting property 
specially taxed, savings-bank deposits and polls. 

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

[Approved March 10, 1909.] on passage. 



CHAPTER 47. 



AN ACT TO AMEND SECTIONS 5 AND 7 OF CHAPTER 102, LAWS OF 1901, 
relating TO THE CARE AND EDUCATION OF FEEBLE-MINDED 
CHILDREN. 



Section 

1. Committals by judge of probate. 

2. Order of admission to School for 

Feeble-Minded Children. 



Section 

3. Takes effect on passage. 



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



Section 1. Amend section 5 of chapter 102, Laws of 1901, by committals by 
striking out the whole of said section and inserting in its place the bate.*'°^^^° 
following: Sect. 5. Whenever it is made to appear upon applica- 



35S 



Chapter 47. 



1909 



Order of 
admission to 
School for 
Feeble-Minded 
Children. 



Takes eflfect 
on passage. 



tion to the judge of probate for any eoimty. aud after a proper 
hearing, that any feeble-minded e'hild or any feeble-minded female 
of ehild-bearing age resident within said county, and who is not 
already in any almshouse, the industrial school, or the New Hamp- 
shire hospital, or supported by any town or county, is a fit subject 
for the New Hampshire School for Feeble-Minded Children, such 
judge may commit such child or feeble-minded female to said New 
Hampshire School for Feeble-Minded Children by an order of 
commitment directed to the trustees thereof, accompanied by the 
certificate of two physicians who are graduates of some legally 
organized medical college and have practiced three years in this 
state that such feeble-minded female is a suitable subject for said 
institution. Wihenever, upon such application, there is occasion for 
the judge of probate to attend a hearing on clays other than those 
fixed by statute as the regular days for the sitting of the probate 
court he shall be allowed five dollars a day for his services and his 
expenses, which shall be paid by the county treasurer upon the 
certificate of the county commissioners. 

Sect. 2. Amend section 7 of chapter 102, Laws of 1901. by 
striking out the word "children" in the first line and inserting in 
place thereof the word persons, and further by inserting after the 
w^ord "or" in the seventh line the w^ord persons so that said section 
as amended shall read as follows : Sect. 7. Feeble-minded persons 
shall be admitted to the institution in tlie following order: First, 
feeble-minded children now in public institutions supported en- 
tirely at public expense ; second, the feeble-minded children not 
supported as aforesaid ; thiTd, the feeble-minded children of the 
state not in any public institution, who have no parents, kinsmen, 
or guardian able to provide for them, or persons who are committed 
■by a judge of probate ; fourth, those residing within tlie state whose 
parents, kinsmen, or guardian bound by law to support such 
children are able to pay ; fifth, children of other states whase par- 
ents or guardians are able and willing to pay. 

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

[Approved Marc'h 10, 1909.] 



1909] 



Chapters 48, 49. 
CHAPTER 48. 



359 



AN ACT PROHIBITING HUNTING FROM POWER BOATS. 



Section 

1. Hunting from power boats pro- 
hibited. 



Section 

2. Penalty for violation. 

3. Takes effect on passage. 



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

Section 1. Hunting and shooting wild animals and birds from Prohibition 
motor boats or power boats upon any of the waters of this state, 
including tide waters within the three-mile limit, are hereby pro- 
hibited. 

Sect. 2. Any person violating the provisions of the preceding Penalty, 
section shall be fined not exceeding ten dollars for each offense. 

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

[Approved Marcli 10, 1909.] 



Takes effect 
on passage. 



CHAPTER 49. 



AN ACT IN AMENDMENT OF CHAPTER 92, SECTION 6, OF THE PUBLIC 
STATUTES AS AMENDED BY CHAPTER 40, SESSION LAWS OF 1895, AND 
CHAPTER 31, SESSION LAWS OP 1903, RELATING TO INSTRUCTION IN 
THE PUBLIC SCHOOLS. 



Section 

1. Instruction as to humane treatment 
of animals prescribed. 



Section 

2. Repealing clause; act takes effect 
on passage. 



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

Section 1. Chapter 92, section 6, of the Public Statutes as instruction as 

p 1 nnr- 11 01 to humane 

amended by chapter 40, session Laws of 1895, and chapter 31, ses- treatment of 
sion Laws of 1903, is hereby amended by inserting after the word Sei' ^'^^" 
"scholars" the words and shall see that a well prescribed reading 
course dealing with the principle of the humane treatment of the 
lower animals shall be included in the ordinary instruction in read- 
ing or otherwise, so that the section as amended shall read : Sect. 6. 
They shall prescribe in all mixed schools and in all graded schools 
above primary, the studies of physiology and hygiene, having 
special reference to the effects of alcoholic stimulants and of nar- 
cotics upon the human system, and shall see that the studies so 



360 



Chapter 50. 



1909 



Repealing 
clause; act 
takes effect 
on passage. 



prescribed are thoroughly taught in said schools and that well 
approved text-books upon these sut)jeets are furnished to teachers 
and scholars, and shall see that a well prescribed reading course 
dealing with the principle of the humane treatment of the lower 
animals shall be included in the ordinary instruction in reading or 
otherwise, and that the constitution of the United States and of 
the State of New Hampshire be read aloud by the scholars at least 
once during the last year of the course below the high school, and 
■may permit or prescribe the study of algebra, geometry, surveying, 
bookkeeping, philosophy, chemistry, and natural history, or any 
of them, and other suitable studies. School boards shall, annually, 
in the month of June or July, and at such other times as they deem 
best, hold an examination of candidates for certificates of qualifica- 
tion to teach in the public schools. Candidates sihall be examined 
in the studies prescribed by law, or by the school board in accord- 
ance with law. Such candidates as pass an examination satisfac- 
tory to the school hoard, and present satisfactory evidence of good 
moral character and capacity for government, shall receive cer- 
tificates of qualifications signed by the school board, to continue in 
force not more than one year from the date thereof. 

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

[Approved March 10, 1909.] 



CHAPTER 50. 

AN ACT TO PROVIDE FOR THE APPOINTMENT OF A COMMISSION TO MAKE 
RECOMMENDATIONS TO THE NEXT CONSTITUTIONAL CONVENTION AS 
TO THE MANNER IN WHICH THE MEMBERSHIP OF THE HOUSE OF 
REPRESENTATIVES CAN BE REDUCED. 



Section 

1. Commission authorized. 



Section 

2. Takes effect on passage. 



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



Commission 
authorized. 



Section 1. That the governor by and with the advice and con- 
sent of the council shall in the month of December 1909 appoint a 
commission of three competent per.sons only two of whom shall be 
of the same political party who shall serve without pay, with a 
view to ascertaining whether the membership of the house of repre- 



1909 



Chapter 51. 



361 



sentatives can be reduced proportionately throughout the state. 
Said commission to investigate and examine the conditions prevail- 
ing in this state and elsewhere and report to the next consititutional 
convention the manner in which the representation of the different 
towns and cities of the state can be best reduced. 

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

[Approved Marcli 10, 1909.] 



Takes effect 
on passage. 



CHAPTER 51. 



AN ACT IN AMENDMENT OF CHAPTER 84 OP THE SESSION LAWS OF 1907 
ENTITLED ''aN ACT FOR THE PROTECTION OF CLAMS." 



Section 

1. Towns may regulate digging. 

2. Penalty for violation. 



Section 

3. Takes effect on passage; repealing 
clause. 



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

Section 1. A town may at an annual or special meeting by Towns may 
major vote regulate the digging of clams within its limits and may gingof dams. 
make suc'h rules and regulations restricting the sale thereof as are 
reasonable and may authorize its municipal officers to issue permits 
in accordance with said regulations ; but no inhabitant of such town 
or transient person therein shall be restricted in the taking of clams 
for the consumption of himself or family. This section shall not 
■apply to hotel keepers taking clams for the use of their hotels, nor 
shall it apply to fishermen resident in the town taking the clams 
for bait. Section 2 of said act is hereby repealed. 

Sect. 2. Amend section 3 of said act by striking out the words Penalty, 
"or whoever violates section 2 of this act" so that said section shall 
read as follows : Whoever takes clams contrary to municipal regu- 
lations authorized by section 1 of this act, shall, for each offense, be 
fined not more than ten dollars ($10) or imprisonment for not more 
than thirty days. 

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

T -, on passage; 

and parts of acts inconsistent with this aet are hereby repealed. repealing 

clause. 

[Approved March 10, 1909.] 



362 



Chapter 52. 



1909 



CHAPTER 52. 

AN ACT IN AMENDMENT OP CHAPTER 88 OP THE PUBLIC STATUTES 
RELATING TO THE METHOD OP RAISING SCHOOL MONEY. 



Section 

1. School money, how raised. 

2. District may raise additional money. 



Section 

3. Repealing clause; act takes effect 
on passage. 



School money, 
how raised. 



Additional 
money. 



Repealing 
clause: act 
takes effect 
on passage. 



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

Section 1. Chapter 88, section 2, of the Public Statutes is hereby 
amended by striking out the entire section and inserting in the place 
thereof the following : Sect. 2. The school board of each district 
in their annual report shall state in detail the sums of money which 
will be required during the ensuing fiscal year for the purchase of 
text-booiks, scholars' supplies, flags and appurtenances, and for the 
payment of the tuition of the scholars of 'the district in high schools 
and academies in accordance with chapter 96, of the Laws of 1901, 
and for the payment of all other statutory obligations of the dis- 
trict. The selectmen of the town, in their next annual assassment, 
shall assess upon the taxable polls and property of the district a 
sum sufficient to meet the obligations above enumerated and when 
collected shall pay the same over to the district treasurer. 

Sect. 2. Chapter 88, section 8, of the Public Statutes is hereby 
amended by adding thereto the words : and all money for the sup- 
port of public schools, except that provided by section 1 of this 
chapter, and all moneys for the building, repair or alteration of 
schoolhouses, for the improvement of school grounds, and for any 
other purpose connected with the administration, suppoirt, equip- 
ment and improvement of the public schools, excepting purposes 
already provided for by statute, shall be raised only in a lawful 
meeting of the district ; so that the section as amended shall read : 
Sect. 8. Any district may raise money for the support of schools 
in addition to the sum required by law which shall be assessed, col- 
lected and paid over to the district as other school taxes; and all 
money for the support of public schools, except that provided by 
section 1 of this chapter and all moneys for the building, repair or 
alteration of schoolhoiLses, for the improvement of school grounds, 
and for any other purpose connected with the administration, sup- 
port, equipment and improvement of the public schools, excepting 
purposes already provided for by statute, shall be raised only in a 
lawful meeting of the district. 

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

[Approved March 10, 1909.] 



1909] 



Chapter 53. 



363 



CHAPTER 53. 

AN ACT RELATING TO LEGISLATIVE COUNSEL AND AGENTS. 



Section * 

1. Counsel and agents to be regis- 

tered. 

2. Statement of fees and expenditures 

to be filed. 

3. State to furnish books and blanks. 



Section 

4. Penalty for violation; false state- 

ment deemed perjury. 

5. Attorney-general to prosecute vio- 

lations; accomplice not excused 
from testifying. 



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



Section 1. Any person or persons who shall be employed for a 
consideration by any other person or persons, firm, association, or 
corporation in a representative capacity to promote or oppose 
directly or indirectly any legislation pending or proposed before 
the general court shall first enter his or their appearance with the 
secretary of state in a book to be kept for that purpose which book 
shall be open to public inspection. Such entry shall show the full 
name or names of employer and employed and their respective 
residences and the usual occupation of each, the date and character 
of the employment or agreement therefor, the duration of the em- 
plojnnent if it can be determined, and the special subjects of 
legislation, if any, to whic'h the employment relates; and if said 
employment shall vary from time to time, such entries shall be 
varied accordingly. 

Sect. 2. Within thirty days after the prorogation of the legis- 
lature, every such legislative counsel or agent or employee shall file 
with the secretary of state an itemized statement under oath of his 
fees and expenditures in connection with such legislative employ- 
ment and by whom paid or to whom charged. Suc'h statements shall 
be in such form as the secretary of state may prescribe and shall 
be open to public inspection. 

Sect. 3. The secretary of state shall provide .suitable books and 
blanks to carry out the requirements of this act and shall preserve 
all books and blanks used pursuant hereto. 

Sect. 4. AVhoever violates any provision of this act shall for each 
offense be punished by a fine of not exceeding one thousand dollars, 
and whoever shall make and file ^ny statement under this act which 
is to his knowledge false shall be deemed guilty of perjury and 
punished accordingly. 

Sect. 5. The attorney-general shall cause prosecutions to be 
instituted for the violation of any provision of this act. No person 
shall be excused from testifying in a proceeding instituted against 
another person or corporation under the foregoing sections for 
the reason that he might thereby criminate himself; but no testi- 



Counsel and 
agents to be 
registered. 



Statement of 
fees and 
expenditures. 



Books and 
blanks. 



Penalty; false 
statement 
deemed pur- 
jury. 



Attorney- 
general to 
prosecute 
violations ; ac- 
complice not 
excused from 
testifying. 



364 



Chapter 54. 



1909 



mony so given by him shall be used directly or indirectly as evidence 
against 'him in any prosecution, nor shall he be prosecuted therefor 
for any offenses so disclosed by him. 
[Approved March 10, 1909.] 



CHAPTER 54. 



Prior provi- 
sion re- 
pealed. 

Animals, vehi- 
cles, and stock 
in trade taxed 
where kept. 



Takes effect 
on passage. 



AN ACT IN AMENDMENT OF CHAPTER 56 OP THE PUBLIC STxYTUTES 
ENTITLED '' PERSONS AND PROPERTY, WHERE TAXED." 



Section 

1. Prior provision repealed. 

2. Animals, vehicles, and stock 

trade taxed where kept. 



Section 

3. Takes effect on passage. 



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

Section 1. That section 6 of chaj^ter 56 of the Public Statutes 
be and the same hereby is repealed. 

Sect. 2. That section 10 of chapter 56 of the Public Statutes, as 
amended by chapter 122 of the Laws of 1895, be amended by strik- 
ing out the words "carriages if exceeding fifty dollars in value," 
after the word "town," so that the section when amended will 
read : Sect. 10. Animals and vehicles, liable to be taxed, kept in 
any town, and stock in trade employed in any town, owned by a 
person not resident therein, shall be taxed in such town to the 
owner or person having the care thereof on the first day of April, 
whether such person be a resident in the town or not ; and the con- 
sent of the person having such care to be taxed for the same shall 
not be necessary, but he shall have a lien on such property for the 
amount of the tax paid by him. 

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

[Approved March 10, 1909.] 



1909] Chapter 55. 365 

OHAPTER 55. 

AN ACT IN AMENDMENT OP AND ADDITION TO SECTION 13 OF CHAPTER 
64, PUBLIC STATUTES, ENTITLED '' TAXATION OP RAILROADS," ETC. 

Section I Skction 

1. Railroad taxes, how distributed. | 2. Takes effect on passage. 

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

Section 1. That division two of section 13, chapter 64, Public Railroad 
Sta.tute.s, be amended by adding the following clause to said divi- distributed, 
sion : but no apportionment of said railroad taxes shall be made to 
a town on account of shares of stock held therein by banks, trus- 
tees, treasurers of societies or corporations, or by any person, 
society or corporation holding such shares in a fiduciary capacity, 
so that said section when amended will read as follows : Sect. 13. 
The state treasurer shall seasonably apportion all railroad taxes 
received by him, in each year, in the following manner : 

1. To the towns in which any railroad is located, one-fourth of 
the tax paid by the railroad corporation, of which each town shall 
receive its proportion according to the share of the capital of the 
corporation expended therein for its buildings and right of way. 

2. To each town in the state in which any stock in the corpora- 
tion was owned on the first day of April preceding, such proportion 
of the residue of the tax as the number of shares owned in said 
town bears to the whole number of shares in the corporation, but 
no apportionment of said railroad taxes shall be made to a town on 
account of shares of stock held therein by banks, trustees, treas- 
urers of societies or corporations, or by any person, society or 
corporation holding such shares in a fiduciary capacity ; provided, 
however, that the tax commission, or other proper authority, in 
fixing the equalized valuation for the purpose of assessing state 
and county taxes, shall exclude such stock. 

3. The remainder for the use of the state. 

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

[Approved March 10, 1909.1 on passage. 



366 



Chapters 56, 57. 



1909 



CHAPTER 56. 

AN ACT IN AMENDMENT OF SECTION 9, CHAPTER 177 OF THE PUBLIC 
STATUTES, IN RELATION TO THE PRIVATE SALE OF REAL ESTATE BY 
GUARDIANS. 



Judge of 
jirobate may 
authorize sa 
when. 



le, 



Section 

1. Judge of probate may authorize 
sale, when. 



Sf.ction 

2. Takes effect on passage. 



Takes effect 
on passage. 



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

Section 1. Amend sectioii 9, chapter 177 of the Public Statutes 
by striking Out the entire section and inserting in place thereof 
the following: Sect. 9. The .judge may authorize the guardian 
to sell at private sale, upon such terms as he shall deem advisable, 
the ward's real estate or 'his interest in real estate, or any wood or 
timber growing on land owned by him, if it api>ears upon a hear- 
ing, appointed upon the guardian's petition for the sale, held after 
due notice, that a sale is necessary for the support of the ward or 
his family or will be conducive to his or their interests, and that an 
advantageous offer has been made for the purchase thereof, or 
that the interests of the ward and his family will in any way be 
promoted by a private sale instead of an auction sale. 

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

[Approved March 10, 1909.] 



CHAPTER 57. 



AN ACT IN AMENDMENT OF CHAPTER 38, SESSION LAW^S OF 1905. EN- 
TITLED ''an act to require NON-RESIDENTS TO PROCURE A LICENSE 
TO HUNT.'' 



Non-resident 
and alien 
hunters to he 
licensed. 



Section 

1. Non-resident and alien hunters to 
be licensed. 



Section 

2. Takes effect on passage. 



Be it enacted hi) the Senate and House of Eepresentatives in 
General Court convened: 

Section 1. Strike out from section 1 of the above chapter, 
the words "not holding first papers, so-called" so that the section 
as amended shall read, Section 1. If any person who is not a 
bona fide resident of this state and actually domiciled therein for a 



1909] 



Chapter 58. 



367 



period of six months, or if any alien s'hall hunt, pursue or kill 
within the limits of the state any wild animals, wild fowl or birds, 
at any time, without having 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 offense not exceeding fifty 
dollars ($50) or be imprisoned not exceeding thirty days, together 
with the costs of prosecution or both such fine and imprisonment ; 
and the same penalty s'hall be imposed upon any such person who 
shall he convicted of so hunting, pursuing or killing such wild 
animals, wild fowl, or birds, on a license which has been issued 
in the name of another person. 

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

[Approved March 10, 1909.] 



Takes effect 
on passage. 



CHAPTER 58. 

AN ACT IN AMENDMENT OF AN ACT PASSED AT THE JANUARY SESSION, 
1907, ENTITLED ' ^\N ACT IN REFERENCE TO PAVv^NBROKERS. " 

Section . I Section 

1. Clothing removed in pawnshop not ! 2. Takes effect on passage, 
to be received in pawn. j 

Be it etiacted by the Senate and House of Eepresentativcs in 
General Court convened: 



Section 1. Section 2 of said act is amended by adding at the end 
thereof the words, or any article of clothing removed from the 
person while the person seeking the loan or other advantage men- 
tioned in section 1 is at the place of business of the pawnbroker, 
so that said section as amended will read as follows : Sect. 2. No 
person shall receive in pawn or as security for any loan, transfer, 
service, undertaking or advantage, anything of- value from any 
minor or person in a visible state of intoxication from liquors, 
drugs, narcotics or otherwise, or any article of clothing removed 
from the persoU while the. person seeking the loan or other advan- 
tage mentioned in section 1 is at the place of biLsiness of the pawn- 
broker. 

Sect. 2. This act shall take effect from and after its passage. 
[Approved March 10, 1909.] 



Clothing 
removed in 
pawnshop not 
to be received 
in pawn. 



Takes effect 
on passage. 



368 



Chapters 59, 60. 



1909 



CHAPTER 59. 

AN ACT CONFERRING SPECIAL AUTHORITY UPON THE GOVERNOR AND 
COUNCIL TO CLOSE THE OPEN SHOOTING SEASON DURING PERIODS OF 
PROTRACTED DROUTH. 



Authority 
conferred. 



Close season 
laws in force 
during period. 



Takes effect 
on passage. 



Sectiox 

1. Authority confeured. 

2. Close season laws in force during 

period. 



Skction 

3. Takes effect on passage. 



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

Section 1. The governor and council, when, in their opinion, 
the discharge of firearms might endanger property by starting fires 
in the woodlands during a period of excessive dryness, may suspend 
by official proclamation, posted and promulgated through the news- 
papers of the state, the open season, so-called, for such time as they 
may designate. 

Sect. 2. For the period which such proclamation shall cover, 
all provisions of the law relating to the close season shall be con- 
strued to be in force, and if, during the continuance of such period, 
any person shall shoot an animal or bird for which there is no close 
seasion otherwise provided by law% he shall be punished by a fine of 
fifty dollars and costs. 

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

[Approved March 10, 1909.] 



CHAPTER 60. 



AN ACT RELATIVE TO THE PRICE AT WHICH RAILROAD CORPORATIONS 
SHALL OFFER NEW STOCK TO THEIR STOCKHOLDERS. 



Skction 



Stockholders to be given preference 
in distribution ; notice of in- 
crease, how given. 

If increase not over four per cent., 
new shares may be sold by auc- 
tion. 



Section 



Amount of stock issued to 

based upon price fixed. 
Repealing clause. 
Takes effect on passage. 



be 



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

stockholders SECTION 1. Any railroad oompany which is in actual possession 

pr?/efence; of and Operating a railroad shall, upon any increase of its capital 

ereise,°how stock, cxcept as providcd in the following section, offer the new 

s''^°- shares proportionately to its stockholders at such price not less 



1909] Chapter 60. 369 

than the par value thereof as may be determined by its stock- 
holders. The directors upon the approval of such increase, as 
provided in chapter 19 of the Laws of 1897, shall cause written 
notice of such increase to be given to each stockholder of record 
upon the books of the company at the date of the vote to increase, 
stating the amount of the increase, the number of shares or frac- 
tions of shares to which, according to the proportionate number 
of his shares at the date of the vote to increase, he is entitled, the 
price at which he is entitled to take them, and fixing a time not 
less than fifteen days after the date of such vote to increase within 
w%ich 'he may subscribe for such additional stock. Each stock- 
holder may within the time limited subscribe for his portion of 
such stock, which shall be paid for in cash before the issue of a 
certificate therefor. 

Sect. 2. If the increase in the capital stock which is subject to if increase 

,1 ■• i?ii T J.-T 1. j£ not over four 

the provisions oi the preceding section does not exceed lour per per cent., new 
cent, of the existing capital stock of the company, the directors, be'YoMbj-^^ 
without first offering the same to the stockholders, may sell shares auction, 
by auction to the highest bidder, at not less than the par value 
thereof, to be actually paid in cash. They may also so sell at public 
auction any shares, which, after the expiration of the time limited 
in the notice required by the preceding section, remain unsubscribed 
for by the stockholders entitled to take them. Such shares shall be 
offered for sale in tlie city of Boston, or in such other city or town 
as may be prescribed by the board of railroad commissioners; and 
notice of the time and place of such sale shall be published at least 
five times during the ten days immediately preceding the sale in 
each of at least three of such daily newspapers as may be pre- 
scribed by said board. No shares shall be sold or issued under this 
or the preceding section for a less amount to be actually paid in 
cash than the par value thereof. 

Sect. 3. The determination by the board of railroad commis- Amount issued 
sioners, under the provisions of chapter 19 of the Laws of 1897, p°rice fixed. 
as to the amount of stock which is reasonably necessary for the 
purpose for which such stock has been authorized shall, in the 
case of the corporations described in this act, be based upon the 
price at which such stock is to be issued as fixed by the stock- 
holders: Provided, that tlie board shall refuse to approve any 
particular issue of stock if, in the opinion of the board, the price 
fixed by the stockholders is so low as to 'be inconsistent with the 
public interest. 

Sect. 4. All acts and parts of acts inconsistent herewith are Repealing 
hereby repealed, so far as they apply to corporations described in 
this act. 

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

tr f o Qjj passage. 

[Approved March 10, 1909.] 



370 



Chapter 61. 



1909 



CHAPTER 61. 



AN ACT TO REGULATE THE SALE OF AGRICULTURAL SEEDS. 



Section 

1. Seeds to have guarantee of purity 

and vitality. 

2. Tests upon which guarantees may 

be based. 

3. Publication of tests and analyses. 



Section 

4. Penalty for violation. 

5. Not applicable to sales for food. 

6. Secretary of board of agriculture to 

enforce. 



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



Seeds to have 
guarantee of 
purity and 
vitality. 



Tests on which 

guarantees 

based. 



Publication of 
tests. 



Penalty. 



Section 1. Every lot of agricultural seeds, including the seeds 
of cereals, grasses, forage plants, vegetables, garden plants and 
white pine trees, but not including those of other trees, shrubs and 
ornamental plants, which is sold, offered or exposed for sale for 
seed in bulk or package of one pound or more, within this state, 
shall be accompanied by a plainly written or printed guarantee 
stating first, its percentage of purity from foreign seeds and other 
matter, land second, its percentage of vitality. 

Sect. 2. Sellers or dealers in seeds may base their guarantees 
upon tests or anialyses conducted by themselves, their agents, or 
by the secretaiy of the state board of agriculture or his agents; 
provided, that such tests or analyses shall be made in such a 
manner, and under such conditions as the said secretary may 
prescribe. 

Sect. 3. The results of all tests or analyses of seeds made by the 
said secretary, together with the names and addresses of the persons 
from whom the samples of seed were obtained, shall be published 
annually in a bulletin by the New Hampshire College Agricultural 
Experiment Station, and biennially in the report of the state board 
of agriculture. The said secretary shall also publish from time to 
time in the quarterly report of the state board of agriculture 
equitable standards of purity and vitality, together with such 
other information concerning agricultural seeds as may be of public 
benefit. 

Sect. 4. "Whoever sells, offers or exposes for sale or for distribu- 
tion, within this state, any agricultural seeds heretofore named in 
this act without complying with the requirements of sections 1 
and 2, or whoever, with intention to deceive, wrongly marks or 
labels any lot of agricultural seeds including the seeds of cereals, 
grasses, forage plants, vegetables, garden plants and white pine 
trees, but not including those of other trees, shrubs and ornamental 
plants, as pertains to their percentage of purity and vitality, shall 
be punished by a fine not exceeding one hundred dollai-s for the 
first offense, and ;iot exceeding two himdrcd dollare for eacli 
subsequent offense. 



1909] Chapter 62. 371 

Sect. 5. The pravisions of the four prececliug sections shall not Saies for food 

G\C6DtG(l 

apply to any person growing, selling, offering or exposing for sale 
cereals and other agricultural seeds for food. 

Sect. 6. The secretary of the state board of agriculture shall Enforcement, 
dili'gently" enforce the provisions of sections 1 and 4 of this act, and 
in his discretion prosecute offenses against the same. 

[Approved March 10. 1909.] 



CHAPTER 62. 



AN ACT IN AMENDMENT OP SECTION 1, CHAPTER 114, LAV^S OP 1901, 
RELATING TO INVESTMENTS OP SAVINGS BANKS. 



Section 

1. Investment in stock of real estate 
trust company. 



Section' 

2. Takes effect on passage. 



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

Section 1. Amend said section by adding after paragraph 21 investmentin 
the following paragraph: 22. In the stock of any real estate trust estate trust 
company of this state and whose property is occupied and improved 
■and is located in this state, whose capital stock is one hundred 
thousand dollars or more, provided the total indebtedness of such 
company does not exceed one half of the capital stock actually 
paid in and remaining unimpaired, and provided such company has 
earned and paid regular dividends of at least four per cent, per 
annum upon its capital stock or shares for five years previous to 
such investment ; but not exceeding five per cent, of the deposits 
shall be so invested. 

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

[Approved March 11, 1909.] on passage. 



372 



Chapters 63, 64. 
CHAPTER 63. 



[1909 



AN ACT RELATING TO THE BONDS OF SHERIFFS. 



Bond not 
exceeding 
$20,000. 



Takes effect 
on passage. 



Section 

1. Sheriff to give bond not exceeding 

$20,000. 



Section 

2. Takes effect on passage. 



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

Section 1. That the bond of each sheriff shall be in a sum not 
to exceed twenty thousand dollars, and all acts and parts of acts 
in<}onsistent with the provisio'ns of this act are hereby repealed. 

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

[Approved March 11, 1909.] 



CHAPTER 64. 



AN ACT TO CHANGE TIIE NAME OF WHEELRIGHT POND, IN THE TOWN 

OF LEE. 



Section 

1. Name changed to Lake Wheelright. 



Section 

2. Takes effect on passage. 



Be it e/nacted hy the Senate and House of Representatives in 
General Court convened: 

Name changed. SECTION 1. That the name of a body of water situated in the 
town of Lee known as Wheelright pond be, and hereby is changed 
to Lake Wheelright. 

Sect. 2. This act shall take effect upon its passage. 
[Approved March 11, 1909.] 



Takes effect 
on passage. 



1909] 



Chapters 65, 66. 



373 



CHAPTER 65. 

AN ACT TO REPEAL CHAPTER 238 OF THE PUBLIC STATUTES OP NEW 
HAMPSHIRE, RELATING TO NATURALIZATION. 



Section 

1. Superior court given jurisdiction of 
naturalization. 



Section 

2. Takes effect on passage. 



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

Section 1. That chapter 238 of the Public Statutes of New Superior court 
Hampshire be and the same is hereby repealed, with the exception umiof naT- "^ 
of section 1 of said chapter, which section is amended by substitut- "'"aiization. 
ing superior for "supreme" in the first line and striking out the 
word "exclusive" a.t the end of the line, so that said section will 
read: The superior court shall have and entertain jurisdiction of 
applications and other proceedings for the naturalization of aliens 
under any of the acts of Congress in relation thereto. 

Sect. 2. This act shall be dn force and take effect on its passage. Takes effect 

on passage. 

[Approved March 11, 1909.] 



CHAPTE'R 66. 



AN ACT TO AMEND SECTION 1 OP CHAPTER 64 OF THE PUBLIC STATUTES, 
RELATING TO TAXATION OP RAILROADS, AND TELEGRAPH AND TELE- 
PHONE LINES. 



Section 

1. Railroads, how taxed. 



Section 

2. Takes effect on passage. 



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

Section 1. Section 1 of chapter 64 of the Public Statutes is Railroads, 
hereby amended by adding to the end of said section the following : ^°^ ^^^^^' 
excepting property specially taxed, savings-biank deposits, and polls, 
so that said section as amended will read: Section 1. Every rail- 
road corporation in this state, not exempted from taxation, sihall 
pay to the state an annual tax upon the actual value of its road, 
rolling stock and equipments on the first day of April of each 
year, at a rate as nearly equal as may be to the average rate of 
taxation at that time upon other property throughout the state, 
excepting property specially taxed, savings-bank deposits, 'and polls. 

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

on passage. 

[Approved March 11, 1909.] 



374 



Chapters 67, 68. 



1909 



CIIAPTEiR 67. 

AN ACT IN AMENDMENT OP SECTION 18 OP CHAPTER 205 OF TITLE 28 
''courts and their OPPICERS" op the PtJBLIC STATUTES. 



Court may 
make reasona- 
ble allowance 
to master. 



Repealing 
clause ; act 
takes effect 
on passage. 



Section 

1. Court may make reasonable allow- 
ance to master. 



Skction 

2. Repealing clause; act takes effect on 
passage. 



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

Section 1. Section 18 of chapter 205 of the Public Statutes is 
hereby amended by adding at the end of said section the following : 
The court may allow a reasonable compensation to masters for 
their services and expenses, which shall be paid by the county. So 
that said section as amended will read: Sect. 18. The appoint- 
mient of commissi'Oners and receivers, the reference of questions to 
masters, granting writs of injunction to stay proceedings or waste, 
making interlocutory decrees and orders, and other incidental 
proceedings, may be had and done by one justice, in term time or 
vaoation, in any county ; but injunctions so issued shall continue, 
unless sooner dissolved, only until the end of the next term for the 
county in which the proceedings are jiending. The court may allow 
a reasonable compensation to mastere for their services and ex- 
penses, which shall be paid by the county. 

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

[Approved Marclh 11, 1909.] 



CHAPTER 68. 



an act PROVIDING FOR LEGAL SEPARATION IN CASES IN WHICH A 
DIVORCE MIGHT BE DECREED. 



Decree of 
separation 
authorized; 
effect. 



Section 

1. Legal separation authorized; effect. 

2. Procedure as in libel for divorce. 

3. Resumption of marital relations. 



Section 

4. Effect of such resumption. 

5. Clerks of court to make returns of 

decrees, etc. 



Be it enacted bij fhe Senate and House of Representatives in 
General ('(^url cDnccucd: 

Section 1. In any (jsc in which a divorce might be decreed. 
the superior ccurt, ( ii p'.^ition of the party who would be entitled 
to a divoree. may decre.> a legal separation of the parties, which 



1909] Chapter 69. 375 

separation shall have in all respects the effect of a divorce, except 
that the parties shall not thereby be made free to marry any third 
person, and except as hereinafter expressly provided. 

Sect. 2. Upon such petition the procedure shall be in all respects Procedure, 
the same as upon libels for divorce, and the court shall have the 
same power in all matters relating to restraining orders, and de- 
crees, allowau'ces, alimony, custody of children, and division or 
apportioning of the property of the parties, as in cases of divorce. 
But the name of the wife shall not be changed. 

Sect. 3. The parties to such a petition may at any time resume Resumption of 
marital relations upon filing with the clerk of the superior court tions. 
for the county in which the separation was decreed their declara- 
tion in writing, by them signed, acknowledged before la justice of 
the peace or notary public, and witnessed, of their intention so to 
resume such relation. Such declaration shall be duly entered upon 
the docket of said court, under the entries to such petition. 

Sect. 4. Such resumption of marital relations shall terminate EfEect of 
and annul all restraining orders land decrees, and all decrees relat- ""^^^^^ ^^^' 
ing to alimony or the custody of children, but shall not affect any 
decree relating to the division or apportionment of property. 

Sect. 5. The clerk of the superior court shall make return of Return of 
all such decrees of separation and declarations of the resumption 
of marital relations to the registrar of vital statistics in the manner 
by law provided for the return of divorces decreed in said court. 

[Approved March 17, 1909.1 



decrees, etc. 



OHAPTER 69. 



AN ACT TO PROHIBIT SALES OF MERCHANDISE IN BULK IN FRAUD OP 

CREDITORS, 



Section 

1. Sale in bulk void unless list of 
creditors taken and notice given. 



Section 

2. Certain sales excepted. 

3. Takes effect on passage. 



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

Section 1. The sale in bulk of any part or the w^ole of a stock saieinbuik 
of merchandise, otherwise than in the ordinary course of trade ''^"^' '''^''"" 
and in the regular and usual prosecution of the seller's business, 
shall be fraudulent and void as against the creditors of the seller, 
unless the purchaser demands and receives from the seller a written 
list of names and addresses of creditoi-s of the seller, and certified 
by the seller, under oath, to be, to the best of his knowledge and 



376 



Chapter 70. 



[1909 



Certain sales 
excepted. 



Takes effect 
on passage. 



belief, a full, accurate and complete list of his creditors ; and unless 
tile purckaser shall, at least five day^ before taking possession and 
becoming the o\viier of such merchandise, or paying therefor, notify 
personally, or by registered mail, every creditor whose name and 
address are stated in said list, of the proposed sale and of the terms 
and conditions thereof. 

Sect. 2. Sellers and purchasers under this act shall include 
corporations, 'associations, co-partnerships and individuals, but 
nothing contained in this act shall apply to sales by executors, 
administrators, receivers, assignees under a voluntary assignment 
for the benefit of creditors, trustees in bankruptcy, or by any 
public officer under judicial process. 

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

[Approved March 17, 1909.] 



CHAPTER 70. 



AN ACT RELATING TO THE FEES OP DEPUTY SHERIFFS. 



Section 

— -la— Fees for attendance at court; 
pealing clause. 



Section 

2. Takes effect on passage. 



Be it enacted l)y the Senate and House of Representatives in 
General Court convened: 



Fees for 
attendance at 
court ; repeal- 
ing clause. 



Takes effect 
on passage. 



Section 1. That each deputy sheriff shall be paid as his fee 
for each day's attendance upon the superior and the supreme court 
by order thereof the sum of three dollars to be paid as now pro- 
vided by law, and so much of section 16 chapter 287 of the Public 
Statutes as is inconsistent with this act is hereby repealed. 

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

[Approved March 17, 1909.] 



1909] Chapters 71, 72. 377 

CHAPTER 71. 

AN ACT RELATING TO FISHING IN WEBSTER LAKE IN FRANKLIN. 



Section 

1. Fishing prohibited from November 1 
to April 1. 



Section 

2. Repealing clause; act takes effect on 
passage. 



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

Section 1. It shall not be lawful for any person to take from Fishing pro- 

_ 1 T ■ -n 1 T ^11 -H.T hibited from 

tbe waters oi Wte'bster lake in J^ ranklm, any nsn between November November i 

first of any year and April first next following, under penalty of " ^'^^ 
not less than ($10) for each offense. 

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

hereby repealed and this act shall take effect upon its passage. Lk^reffect 

[Approved March 17, 1909.] on passage. 



CHAPTER 72. 



AN ACT TO CHANGE THE NAME OF CLOUGH POND, SO CALLED, IN THE 
TOWN OF HOPKINTON TO JOE SYLVIA LAKE. 

Section i Section 

1. Name changed. ' 2. Takes effect on passage. 

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

Section 1. That the name of Clough pond, so called, situated in Name 
Hopkinton, in the county of Merrimack, be changed, and hereafter '^ ^^^^ 
be designated as Joe Sylvia lake. 

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

■^ ^ on passage. 

[Approved :\rarch 17, 1909.] 



378 



Chapters 73, 74. 
CHAPTER 73. 



[1909 



May appi'opri- 
ate money for 
headstones. 



Takes effect 
on passage. 



AN ACT TO AMEND SECTION 4 OF CHAPTER 40 OF THE PUBLIC STATUTES, 
RELATING TO THE POWERS OF TOWNS. 



Section 

1. May appropriate money for head- 
stones. 



Section 

2. Takes effect on passage. 



Be it enacted 6y the Senate and House of Repi-esentatives in 
General Court convened: 

Section 1. Any town may by vote raise and appropriate money 
for the purpose of erecting markers or headstones in any cemetery 
owned by the town. 

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

[Approved March 17, 1909.] 



CHAPTER 74. 



AN ACT FOR THE PROTECTION OF ICE IN CERTAIN CASES. 



Ponds used 
for ice cutting 
may be closed 
to fishing. 



Kotice of 
hearing, how 
given. 



Section 

1. Ponds may be closed to fishing. 

2. Notice of hearing, how given. 

3. Expense of marking, how borne. 



Section 

4. Penalty for violation. 

5. Takes effect on passage. 



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

Section 1. Upon application of any person, corporation, or 
co-partnership interested in the cutting, or harvesting of ice, for 
domestic or commercial purposes in any of the public ponds, or 
lakes in the state, or interested in fishing therein, the tish and 
game commissioner may, upon hearing, close to fishing, for such 
period or periods of time as they may order, in whole, or in part, 
any such lake, or pond, as they may deem necessary to protect the 
crop of ice thereon while the same is being formed, cultivated, cut, 
and harvested. 

Sect. 2. The fish and game commissioners shall give notice of 
such hearing by posting notice thereof, stating the date, place and 
hour of such hearing, and the purpose thereof, at least five days 
before the date of said hearing, in at least three public places in 
the town or towns, where such pond, or lake is located. 



1909] 



Chapter 75. 



379 



Sect 3. The exiiense of separating, bv suitable marks, or monu- Expense of 

, " -, 1 , T sj. marking borne 

ments, or boundaries, the space on such ponds, or lakes, ieit open by petitioner, 
for fishing, shall be borne by the petitioner. 

Sect. 4. Any person who shall fish through the ice, or cut holes Penalty. 
in the ice for fisihing. on such portions of such ponds and lakes, as 
under the provisions of this act 'have been closed to fishdng, shall 
be fined not exceeding twenty dollars ($20), or imprisoned not 
more than sixty days, or both. 

Sect. 5. This act shall take effect upon its paissage. Takes effect 

^ on passage. 

[Approved March 17, 1909.] 



CHAPTER 75. 



AN ACT TO CREATE THE OFFICE OF STATE AUDITOR. 



Section 

1. Appointment and term of office. 

2. To have no other office or employ- 

ment. 

3. Salary to be fcxed by governor and 

council. 

4. Employment of clerks. 

5. Bond of auditor. 

6. Duties of auditor. 

7. To prescribe form of accounts, etc. 

8. No money to be paid except in con- 

formity with appropriation or 
contract. 

9. Auditor to keep bills, vouchers, and 

contracts. 



Section 

10. To keep account of state receipts 

and expenditures ; to audit state 
treasurer's accounts. 

11. To submit annual reports. 

12. Report to contain what. 

13. Report to give detailed debt and 

expense statement. 

14. Purchases and liabilities not to ex- 

ceed appropriations. 

15. Bank commissioners may be detailed 

to audit state accounts. 

16. Repealing clause; operation of act 

limited. 

17. Takes effect on passage. 



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



Section 1. On or before the first day of June, 1909, the gov- Appointment 

• 1 1 n • T Pi' -1 1 n -J. and term of 

ernor, with the advice and consent ol the council, shall appoint a office, 
state auditor who shall 'hold office for the term of two years and 
until his successor has been appointed and qualified. Thereafter 
in the nionth of June of each alternate year a state auditor shall 
be appointed in like manner to hold office for the term of two years 
and until his successor is chovsen and qualified. 

Sect. 2. Said auditor shall hold no other office except that of To have no 

,,. -ij^iij_ n T ^ other office or 

justice of the peace or notary public under the state or tederai employment, 
government and 'have no other paid employment and may be re- 
moved at the pleasure of the governor and council. 

Sect. 3. Said auditor shall receive an annual salary to be fixed •'-'aiary. 
by the governor and council, and shall be provided with suitable 
rooms for his office in the city of Concord. 



380 



Chapter 75. 



1909 



Employment 
of clerks. 



Bond of 
auditor. 



Duties of 
auditor. 



To prescribe 
form of ac- 
counts, etc. 



Sect. 4. Said auditor with the consent and approval of the 
governor and council, may, from time to time, employ such clerks 
or assistants as in their opinion are necessary for the proper 
transaction of the basiness of the office, compensation to be fixed 
by the governor and council. 

Sect. 5. Said auditor before he shall enter upon the duties of 
his office shall execute and file in the office of the secretary of 
state a bond to tlie State of New Hampshire in such penal sum 
not less than twenty thousand dollars as the governor and council 
shall require, with sureties approved by the governor and council. 
conditiooed for the faithful performance of his duty. 

Sect. 6. Said auditor shall examine all accounts and demands 
against the state, except those for the salaries of the governor and 
the per diem and expenses of the executive council, the jiLstices of 
the supreme and superior court, and the salaries of such state 
officere as are fixed by law, the principal or interest of a public debt, 
or the pay-roll of the senate and the house of representatives, or 
their employees, or other expenses of the senate or house during 
the biennial and special sessions of the legislature authorized by 
concurrent vote of the senate and house. He may require affidavits 
that articles have been furnished, services rendered and expenses 
incurred as claimed. The affidavit for any state institution shall 
_be made by such officer of such institution as is entrusted with 
the management thereof. The auditor shall in all cases make a 
certificate, fully specifying the amount due and allowed on each 
claim or demand, the name of the person to whom such amount is 
payable, the law authorizing the same, and under what appropria- 
tion, whethe'r fixed or special, the expenditure is chargeable. If 
the general eourt, by express statute, authorizes a board or public 
officer to approve demands against the state, and an appropriation 
has been made therefor, the auditor shall, when such demands have 
been properly approved, promptly audit and certify such an 
amount not exceeding the appropriation for that purpose as he 
m^ay deem correct ; and if it appears to him that there are improper 
charges in said accounts, he shall report the same to the governor 
and council with a separate certifieate therefor. He shall retain 
in his office copies of all such certificates and transmit the originals 
to the governor, who, with the advice and consent of the council. 
m.ay issue his warrant to the treasurer for the amount therein 
specified as due. 

Sect. 7. The accounts of all state, penal and charitable institu- 
tions, and all other public institutions, for the support of which 
appropriations are annually made, shall l)e as nearly uniform as 
the nature of the Institution will permit. The auditor shall pre- 
scribe the number and form of all vouchers, accounts and financial 



1909 



Chapter 75. 



381 



records of siidi institutions and the methods of keepinig the same. 
Such accounts shall show in detail the expenditures and estimated 
cash value of the products of -the dexjartment of the institution 
to which it relates, whether sold or applied to the use of the 
institution, and also as nearly as may be the value of the labor 
of the inmates entering into such production. The auditor under 
the direction of the governor and council, may expend such amount 
as may be necessary to comply with the requirements of this section. 

Sect. 8. No bill or demand against the state, or any department 
thereof, which it is the duty of the auditor to examine, shall be 
approved or allowed, unless it is in strict conformity with the 
standing or special appropriation under which the bill or demand 
is contracted, or in strict conformity with any contract under which 
said bill or demand is contracted. 

Sect. 9. All original bills and vouchers on wihich money may 
be paid from the state treasury, subsequent to the thirty-first day 
of August, 1909, shall be kept in the auditor's department, and 
all boards, commissions, or public officers, who now are or may 
hereafter be authorized to make contracts under which money may 
be payable from the state treasury, shall file with the auditor 
certified copies thereof. 

Sect. 10. Said auditor shall keep a distinct account of all 
public receipts and expenditures under proper heads. He shall 
annually in the month of August, examine the books, accounts 
and vouchers of the state treasurer, and his own books of account 
shall be subject at any time to such examination as the governor 
and council, or the general court may order. He shall comply 
with any regulations relating to the duties of his office which may 
be made in writing by the governor and council. 

Sect. 11. Said auditor shall annually on or i)efore the thir'ty- 
first day of August submit to the governor and council, and at 
other times when required by the governor and council, an abstract 
of his report in print or otherwise, exhibiting a full and accurate 
account of the financial condition of the state for the preceding 
year, any special time that the governor and council may require, 
and on or before the thirtieth day of September annually he shall 
make a report in print to the governor and council to be exhibited 
to the general court, a sufficient numl^er of printed copies of his 
report being printed under the direction of the governor and 
council for the use of the members of the general court. 

Sect. 12. Such report shall contain a summary statement of the 
receipts into, and payments from the state treasury for the two 
years preceding; a detailed statement of such receipts and expendi- 
tures, including the expense incurred for the support of all 
permanent departments, services and in.stitutions, and all excep- 



No money to 
be paid except 
in conformity 
with appro- 
priation or 
contract. 



To keep bills, 
vouchers, and 
contracts. 



To keep 
account of 
receipts and 
expenditures; 
to audit 
treasurer's 
accounts. 



Annual re- 
ports. 



Report to 
contaiu what. 



382 



Chapter 75. 



1909 



Report to give 
detailed debt 
and expense 
statement. 



Purchases, 
etc., not to 
exceed ap- 
propriations. 



Bank commis- 
sioners may be 
detailed to 
audit state 
accounts. 



tional and special charges incurred for articles purchased. The 
account shall be so constructed as to show expenses which have 
been actually incurred during each of the two years preceding, 
whether paid or unpaid at the end of each year. It shall include 
all items of accounts of expenditures, useful or interesting to the 
people of the state, and. as far as may be, shall show the different 
officers or boards under whose direction the expenditure was made, 
and the different officers who have received salaries, or ether 
general charges, and no expenditure exceeding five hundred dol- 
lars, including separate items, .shall be classified under an indefinite 
head. 

Sect. 13. The report shall show the aggregate amount of funded 
debt of the state, and of all temporary loans at the beginning and 
end of each year respectively, and the balance of increase or 
decrease and state the cause of such increase or decrease. It shall 
state whether or not the ordinary expenses of the year have 
exceeded the income and show the amount of the balance. It 
shall contain .a particular statement of all transactions affecting 
the fund belonging to or held in trust by the state, including new 
investments of any portion of the same made during the preced- 
ing year. Such report shall include an estimate for two years 
of the ordinary and other revenues of the state, aind of the 
expenses of the departments, boards and commissions, and of all 
other persons acting under the authority of the state. 

Sect. 14. No officer or board shall make, purchase or incur 
liabilities in the name of the state for a larger amount than has 
been appropriated for the service for which such purchases have 
been made or liabilities incurred, and no officer or board shall 
make, purchase or incur liabilities in the name of the state for 
any sum unless authorized so to do by authority expressly con- 
ferred by statute or unless such officer or board shall have firet 
submitted to the auditor a memorandum showing the purchase 
desired to be made with the expense thereof, or the liability to be 
incurred, and such memorandum to be then certified by the auditor 
to the governor and council for their approval ; and the state shall 
not be responsible for the acts of its officers, agents and servants 
for any amount in excess of its appropriations, or for any purchase 
or liability incurred, unless the provisions of this section shall 
have been complied with. 

Sect. 15. The governor and council are hereby authorized to 
employ the board of bank commissioners, or any member thereof, 
to audit the accounts of any state officer, department, board, com- 
missioner, or institution, including those of the auditor, at such 
time or times as they may deem it advisable. No compensation 



1909] Chapter 76. 383 

other than their salaries shall be pa.id said board of bank com- 
missioners for the services required by this section. 

Sect. 16. All aots or parts of acts inconsistent with this act are Repealing 
hereby repealed, but nothing in this act shall be construed to in uonof'ac^^'^^ 
any way take away or limit tShe authority of the governor and ''™'*'''*- 
council in the auditing, approving or disapproving of any claim 
or demand against the state which the governor and council now 
have under the constitution and existing law. 

Sect. 17. This act shall take effect upon its passage. Takes effect 

on passage. 

[Approved March 17, 1909.] 



CHAPTER 76. 



AN ACT IN AMENDMENT OF SECTION 54. CHAPTER 79 OF THE SESSION 
LAWS OF 1901, RELATING TO FISH AND GAME. 

Sectiox I Sk'-tion 

1. Lake trout, etc., protected. | 2. Takes effect on passage. 

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

Section 1. That the foregoing section be amended by in.septing. Lake trout, 
after the words "in the lakes," the w^ord and ponds, also by ^'t'^- P^^ected. 
inserting after the words "lake trout," the words, shad waiters, 
white fish or blue fins, so that the section as amended shall read, 
Sect. 54. If any person shall, for the whole or any part of the 
time, engage 'in the business or occupation of fisihing on any of 
the streams or ponds of this state, for brook or speckled trout, or 
in the lakes and ponds thereof for land-locked salmon or lake 
trout, shad waiters, white fish or blue fins, or shall for the whole 
or any part of the time engage in the business or occupation of 
fishing for such fish for any other person, for gain or hire, he shall 
for every such offense be fined not exceeding fifty dollars ($50), 
or be imprisoned not exceeding thirty days, or hoth such fine and 
imprisonment. 

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

on passage. 

[Approved March 17, 1909.] 



384 



Chapters 77, 78. 



1909 



CHAPTER 77. 



Authority 
granted. 



AN ACT AUTHORIZING TOWNS TO RAISE MONEY FOR PATRIOTIC 

OBSERVANCES. 

Section 1. Authority granted. 

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

Section 1. Towns may, at any legal meeting, grant and vote 
suc'h sums of money as they shall judge necessary, not exceeding 
one hundred dollars, for providing public patriotic exercises for 
Memorial Day, Independence Day, or other holidays. 

[Approved March 18, 1909.] 



CHAPTER 78. 



Taxation of 
foreign life 
insurance 
companies. 



AN ACT IN AMENDMENT OF SECTION 14 OF CHAPTER 169 OF THE 
PUBLIC STATUTES AS AMENDED BY CHAPTER 67 OF THE LAWS OF 
1901 AND BY CHAPTER 109 OF THE LAWS OF 1905, ENTITLED 
"foreign INSURANCE COMPANIES AND THEIR AGENTS." 

Section 1. Taxation of foreign life insurance companies; takes effect on passage. 

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

Section 1. That section 14 of chapter 169 of the Public Statutes, 
as amended by chapter 67 of the Laws of 1901 and by chapter 109 
of the Laws of 1905, be amended by striking out the words "and 
all other such insurance companies shall pay to the state treasurer, 
witihin one month after receiving notice from the insurance com- 
missioner 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," and inserting in 
place thereof the words and every such life insurance company 
shall pay to the state treasurer, within one month after receiving 
notice from the insurance commissioner of the amount thereof, 
a tax of two per cent, upon the grass premiums received by it 
upon business done within the state during said year, less payments 
to residents of this state on account of death losses paid within 
the year; provided, however, that the tax assessed upon any such 



1909] 



Chapter 79. 



385 



life insurance company shall not be less than an amount equal to 
one and one-half per cent, of the gross premiums received by it 
upon business done within the state during said year, so that said 
section when amended shall read as follows: Sect. 14. Every 
such fire, marine, fidelity and casualty insurance company shall 
pay to tihe state treasurer, within one month after receiving notice 
from tlie insurance commissioner of the amount thereof, a tax of 
two per cent, upon the gross premiums received by it, less return 
premiums and reinsurance, when effected in authorized companies 
by the companies' licensed resident agents or in companies organ- 
ized under the laws of tliis state, upon business done within the 
state, during the year ending on the thirty-first day of the preced- 
ing December, as assessed by the commissioner ; and every such life 
insurance company shall pay to the state treasurer, within one 
month after receiving notice from the insurance commissioner of 
the amount thereof, a tax of two per eent. upon the gross premiums 
received by it upon business done within the state during said 
year, less payments to residents of this state on account of death 
losses paid within the year, provided, however, that the tax as- 
sessed upon any such life insurance company shall not be less 
than an amount equal to one and one-half per cent, of the gross 
premiums received by it upon the business done within the state 
during said year. Tlhis act shall take effect upon its passage. 
[Approved March 18, 1909.1 



Takes effect 
on passage. 



CHAPTER 79. 



AN ACT TO RATIFY AND VALIDATE THE ACTION OF THE HILLSBOROUGH 
COUNTY CONVENTION OF THE HOUSE OF REPRESENTATIVES OF THE 
1907 SESSION. 



Section 

1. Prior action ratified. 

2. Paj-ment of investigation expenses. 



Section 

3. Takes effect on passage. 



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

Section 1. That the action of the Hillsborough county conven- 
tion of the house of representatives of the 1907 session, whereby 
it was voted to appoint a sub-committee to investigate Hillsborough 
county affairs, and appropriating two hundred and fifty dollars or 
so much thereof as should be necessary for the expenses of said 
investigation, be and the same is hereby ratified and validated. 



Prior action 
ratified. 



586 



Chapter 80. 



1909 



Payment of 
investigation 
expenses 
authorized. 



Takes effect 
on passage. 



Sect. 2. The county commissioners of said county are author- 
ized to repay the members of said sub-committee the amounts they 
severally expended in conducting sudh investigation, upon the 
filing of proper vouchers therefor. Provided, the total amount of 
said expenses shall not exceed the sum of two hundred and fifty 
dollars. 

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

[Approved March 23, 1909.] 



CHAPTER 80. 



Lodging-house 
keeper's lien. 



Repealing 
clause; act 
takes effect 
on passage. 



AN ACT TO AMEND SECTION 1 OF CHAPTER 141 OF THE PUBLIC 
STATUTES, RELATING TO LIENS OF KEEPERS OF BOARDERS, ETC. 



Section 

1. Lodging-house keeper's lien. 



Section 

2. Repealing clause; act takes effect 
on passage. 



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

Section 1. Amend section 1 of chapter 141 of the Public 
Statutes by inserting after the word "boarder" in the first line 
the words or lodger; and after the word "boarder" in the third 
line the words or lodger; and after the words "boarding-house" 
in the same line the words or lodging-house; and after the w^ord 
"board" in the fourth line the words or room rent; and after the 
word "boarder" in the same line the words or lodger; so that said 
section as amended shall read as follows : Section 1. Any person 
keeping a boarder or lodger, not a mariner or seaman, shall have 
a lien upon the baggage and effects of such boarder or lodger 
brought to his boarding-house or lodging-house until all proper 
charges for the fare and board or room rent of such boarder or 
lodger are paid or tendered. 

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

[Approved March 23, 1909.] 



19091 Chapters 81, 82. 387 

CHAPTER 81. 

AN ACT IN REIjATION TO THE SALARIES OF CERTAIN STATE OFFICIALS. 



Section 

1. Salaries of deputy secretary of state 

and deputy state treasurer, how 
determined. 

2. Prior service to be considered. 



Section 

3. Repealing clause: act takes effect 
on passage. 



Be it enacted by the Senat.- and House of Representatives in 
General Court convened: 

Section 1. That on and after the passaf^e of this act the annual Certain 

salaries deter- 

salaries of the deputy secretary of state and deputy state treas- mined by 



service. 



urer shall be determined by length of service in their respective 
positions, as follows: For fir.st year's service, $1,000; for second 
year's service, $1,200; for third year's service, $1,350; for fourth 
year's service and thereafter, $1,500. 

Sect. 2. Length of service prior to the passage of this act shall Prior service 

■> ■ 1 T • 1 • • 1 • i> 1 • to be con- 

be considered m adjusting the salaries or the present incunibents sidered. 

of the two offices. 

Sect. 3. All acts or parts of acts inconsistent with the provi- Repealing 

sions of this act are hereby repealed, and this act sihall take effect takes eflfest 

upon its passage. on passage. 

[Approved ^lareh 23. 1909.] 



CHAPTER 82. 

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

HILLSBOROUGH. 



Section 

1. Annual salary of $1,800; repealing 
clause. 



Section 

2. Takes effect on passage. 



Be it enacted hij the Soiate and House of Represmfativcs in 
General Court convened: 

Section 1. The salary of the solicitor for the county of Hills- Annual salary 
borough sihall hereafter be eighteen hundred dollars per annum, pefunl^ciausc. 
payable quarterly; and so much of sections 17 and 20. cliapter 286 
of the Public Statutes as is inconsistent with this act is herel)y 
repealed. 

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

on passage. 

[Approved March 23, 1909.] 



388 



Chapter 83. 



1909 



CHAPTEiR 83. 

AN ACT IN AMENDMENT OF SECTION 20 OP CHAPTER 27 OF THE PUBLIC 
STATUTES, ENTITLED, '' COUNTY COMMISSIONERS," AS AMENDED BY 
CHAPTER 112 OF THE LAWS OF 1903. 



Clerical ex- 
penses of 

Hillsborough 
county com- 
missioners. 



Takes effect 
on passage. 



'Section 

1. Clerical expenses of Hillsborough 
county commissioners. 



Section 

2. Takes effect on passage. 



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

Section 1. Section 20 of chapter 27 of the Public Statutes, as 
amended by cihapter 112 of the Laws of 1903, is hereby amended 
by adding at the end of said section the following: The county 
commissioners for the county of Hillsborough may expend not 
exceeding $800 a year for such clerical, actuarial or stenographic 
assistance as may be necessary at the offices of tihe commission in 
^Manchester and Nashua, so that said section as amended shall read : 
Sect. 20. Eacih county commissioner shall be paid by the county 
treasTirer for his services when employed in business of the county 
and in inspecting the taxable property of towns, as provided in the 
preceding section, three dollars a day, except in the county of HilLs- 
borough, where each commissioner shall be paid twelve hundred 
dollars per year, payable in equal quarterly installments and a 
reasonable sum for all necessary expenses, upon order of the 
supreme court, his aeeounts having been first audited by the court. 
The county commissioners for the county of Hillsborough may 
expend not exceeding $800 a year for such clerical, actuarial or 
stenographic assistance as may be necessary at the offices of the 
commission in Manchester and Nashua. 

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

[Approved :March 23, 1909.] 



1909] 



Chapter 84. 
CHAPTER 84. 



389 



AN ACT REGULATING THE JAIL AND PRISONERS THEREIN IN HILLS- 
BOROUGH COUNTY. 



Section 

1. Jails to be maintained. 

2. County commissioners to have care 

of jails. 

Sheriff to have custody of jails. 

County to provide for prisoners. 

Penalty for jailer's neglect to pro- 
vide for prisoners. 

Jailer to make return to court. 

Liability for certain escapes. 

Prisoners committed from federal 
courts. 

Removal of prisoners in case of 
disease, etc. 

Expense of removal, how paid. 

Apartments, etc, for jai'.er. 

Compensation of jailer and matron. 

Jailer's receipts payable to county 
treasurer. 



9. 

10. 
11. 

12. 
13. 



Section 

14. Convicts physically able to be set 

to labor. 

15. Convict's earnings to be applied on 

fine. 

16. Certain prisoners entitled to net 

earnings. 

17. Other prisoners entitled to twenty- 

five per cent. 

18. Itemized account to be kept with 

prisoners. 

19. Account to be audited and filed in 

court. 

20. Penalty for jailer's neglect to keep 

and file accounts. 

21. Existing statute not applicable. 

22. Takes effect April 1, 1909; repeal- 

ing clause. 



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



Custody of 
jails. 



Section 1. There shall be kept and maintained in good repair in Jaiistobe 
Hillsborong'h county one or more common jails and workhouses 
therewith at the expense of the county. 

Sect. 2. The county commivssioners of said county at the begin- Careof jaiis, 
ning of each term of the superior court shall inquire into the condi- 
tion of such jail, the security thereof, treatment and condition of 
the prisoners therein and provide all necessary precautions against 
escapes, sickness or infection. 

Sect. 3. The sheriff shall have the custody of the jaiLs and of the 
prisoners therein and shall keep the siame in person or by deputy. 
He may appoint a deputy jailer for each jail, vAio, in the sheriff's 
absence or disability and during any vacancy in office shall have 
the custody of the jail and the prisoners therein. 

Sect. 4. The countv commissioners aforesaid shall provide each County to 

1 '-1 f> 1 • -T • 1 provide for 

prisoner m the custody oi the jailer with necessary sustenance, prisoners, 
clothing, shelter -and medical treatment. 

Sect. 5. If the jailer shall fail to furnish a prisoner in his cus- 
tody with such necessaries, furnished as aforesaid, or shall deprive 
a prisoner of any part of the supplies, furnished as aforesaid, he 
shall be fined not exceeding one hundred ($100) dollars for each 
offense. 



.Jailer's neglect 
to provide, 
penalty. 



390 



'Chapter 84. 



1909 



Jailer to make 
retui'n to 
court. 



Liability for 
certain es- 
capes. 



Prisoners com- 
mitted from 
federal courts. 



Removal of 
prisoners in 
case of dis- 
ease, etc. 



Expense of 
removal, how 
paid. 



Apartments 
for jailer, etc. 



Compensation 
of jailer and 
matron. 



Jailer's re- 
ceipts payable 
to county 
treasurer. 



Sect. 6. Every jailer at the opening of each trial term of the 
superior court in said county, shall return to the court a certified 
list of all prisoners who have been in his custody since the last term 
thereof with the times and causes of their commitment and dis- 
charge and term of sentence, and before the adjournment of said 
court a like list of prisoners committed during the session of the 
court, and for any neglect herein he may be fined not exceeding 
fifty ($50) dollars for each failure so to do. 

Sect. 7. If any prisoner committed for debt or non-payment of a 
forfeiture, escapes through the insufficiency of a jail, the comity 
shall be liable to the creditor or person to w*hose use such forfeiture 
was adjudged for the damages sustained in consequence of the 
escape; but if such escape was due to the negligence of the jailer, 
the sheriff shall be liable to the creditor or person to whose use such 
forfeiture w^as adjudged for the damages sustained in consequence 
of the escape. The circumstances of the prisoner may be given in 
evidence in mitigation of damages in either event. 

Sect. 8. Prisoners may be committed under the authority of the 
United States to any jail in this county upon payment of three 
($3) dollars per week to the county for the use of the jail and sup- 
port of each prisoner. The slieriff shall be liable for any neglect 
of duty as to such prisoner, as in the case of other prisoners. 

Sect. 9. Whenever, on account of prevalence of disease, or the' 
rebuilding or repairing of a jail, or other cause, the sheriff shall 
tihink it expedient that the prisoners be removed therefrom, the 
superior court or any two justices thereof, in vacation, may order 
their removal to some other jail in the same or another county in 
this state, there to be detained in the same manner and by the same 
process as in the jail from which they were removed, until removed 
by similar process or discharged according to law. 

Sect. 10. The expense of removing and maintaining prisoners 
incurred under the preceding section, if made to any other county, 
shall be defrayed by the county of Hillsljorough. 

Sect. 11. The county commissioners shall furnish, at the expense 
of the county, each jail as aforesaid and in addition thereto the 
jailer's apartments food and shelter for himself and matron. 

Sect. 12. The jailer sball be paid in full for all services two thou- 
sand ($2,000) dollars for himself and matron, in quarterly pay- 
ments. Neither shall be entitled to fees or other perquisites. He 
may be allowed to employ such assistance as is necessary subject to 
the approval of the county commivssi oners. 

Sect. 13. All money received by the jailer for the county shall 
be turned over at the beginning of each term of court to the county 
treasurer. 



1909] 



•Chapter 84. 



391 



Sect. 14. The sherift' shall employ and set to labor each prisoner 
physically able, confined in the jail under sentence, in such manner 
as shall be consistent with his safe-keeping. 

Sect. 15. Each prisoner confined as aforesaid shall be entitled, 
in addition to other allowances provided by law, to have the net 
proceeds of his laibor over and above the cost of board and all other 
expenses applied in payment of his fine and costs. 

Sect. 16. Any pereon ciharged with an offense committed to jail, 
who shall not subsequently be indicted and any witness held for 
want of bail, shall be entitled to the net proceeds of his labor, but 
such person or witness shall not be set to labor except by his own 
consent. 

Sect. 17. All other prisoners shall be entitled to receive upon 
their discharge twenty-five (25) per cent, of the net proeeeds of their 
labor, but no person shall enjoy the benefits of the foregoing pro- 
visions, who, while confined as prisoners have not been of good 
behavior. 

Sect. 18. The sheriff or jailer shall keep a record and itemized 
account with each prisoner so employed, showing his earnings and 
the charges and expense made and incurred on his account and shall 
retain his earnings until the prisoner is discharged from jail, when 
the vsheriff or jailer shall eause the amount due him to be paid, as 
provided in this chapter, and take his receipt therefor. 

Sect. 19. The sheriff or jailer at the beginning of each trial 
term of eourt sihall cause ail such accounts to be audited, and ap- 
proved by the county commissioners and within the first ten days 
of the term shall pay to the county treasurer the sum found to be 
due the county thereon, or receive from the county the amount due 
him, according to such account, and file such account with the clerk 
of court. 

Sect. 20. If any sheriff or jailer shall neglect to comply with 
any of the provisions of the two preceding sections, he -shall forfeit 
to the county three times the amount due the county for each 
neglect to file such account. 

Sect. 21. The provisions of chapter two hundred eighty-two 
(282) of the Public Statutes shall not apply to the county of Hills- 
borough after the passage of this act. 

Sect. 22. This act shall take effect April 1, 1909. and all acts 
and parts of acts inconsistent herewith are hereby repealed so far 
as their application to the county of Hillsborough. 

[Approved March 23, 1909.] 



Convicts to be 
set to labor. 



Convict's earn- 
ings applied 
on fine. 



Certain pris- 
oners entitled 
to net earn- 
ings. 



Other pris- 
oners entitled 
to twenty-five 
per cent. 



Itemized ac- 
count to be 
kept with 
prisoners. 



Account to be 
audited and 
filed in court. 



Penalty for 
neglect. 



Existing 
statute not 
applicable. 



Takes effect 
April 1, 1909 ; 
repealing 
clause. 



392 



Chapter 85. 



1909 



CHAPTER 85. 

AN ACT TO PROHIBIT PAYMENT OF BROKERAGE OF INSURANCE IN CER- 
TAIN CASES. 



Prohibited 
where dis- 
criminating 
laws in force. 



Insurance 
commissioner 
to give notice 
of such laws. 



Repealing 
clause. 

Takes effect 
on passage. 



Section 

1. Brokerage prohibited if discriminat- 

ing laws in force. 

2. Insurance commissioner to give 

notice of such laws. 



Section 

3. Repealing clause. 

4. Takes effect on passage. 



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

Section 1. If, by the laws of any other state, agents, brokers or 
companies of this state are prohibited from receiving commissions 
on policies of fire or casualty insurance written for them by agents 
or companies doing business in tihat state on persons or property 
residing or located therein, the agents, brokers or companies resi- 
dent in that state shall not be paid any commission, brokerage or 
other compensation upon any policy written for them by agents or 
companies doing business in this state. Any such agent or company 
of this state who shall pay such commission, brokerage or other 
compensation upon any such policy so written for him or them 
upon persons or property in this state shall be subject to the same 
penalties as are prescribed by the laws of that state for agents, 
brokers or companies of that state, w'ho shall pay such commission, 
brokerage or other compensation to such agents, brokers or com- 
panies of this state. 

Sect. 2. It shall be the duty of the insurance commissioner upon 
receiving information that by the laws of any other state, agents, 
brokers or companies, residents of this state, are prohibited from 
receiving commissions on policies written for them by agents or 
companies of that state, to notify agents and companies doing busi- 
ness in this state, of the existence of sudh a law and to enforce the 
same restrictions and penalties as prescribed by the laws of that 
state. 

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

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

[Approved March 23, 1909.] 



1909] 



Chapters 86, 87. 



393 



CHAPTER 86. 

AN ACT IN AMENDMENT OF SECTION 20, CHAPTER 286, OP THE PUB];iIC 
STATUTES, RELATING TO THE SALARIES AND COMPENSATION OP CER- 
TAIN OPPICIALS. 



Section 

1. Salaries of solicitors, sheriffs, and 
county treasurers payable quar- 
terly. 



Section 

2. Takes eflEect on passage. 



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

Section 1. Amend chapter 286 of the Public Statutes by striking Salaries paya- 

„ ble quarterly. 

out all of the twentieth section thereof and inserting m place thereof 
the following : The salaries of solicitors, sheriffs and county treas- 
urers shall be paid from the county treasury in equal quarterly 
payments. 

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

on passage. 

[Approved Mardh 30, 1909.] 



CHAPTER 87. 



AN ACT TO AMEND CHAPTER 287 OP THE PUBLIC STATUTES RELATING TO 
TRANSFERS OP CASES FROM THE SUPERIOR COURT TO THE SUPREME 
COURT. 

Section | Section 

1. Expense of transfer, by whom paid. 2. Takes effect on passage. 

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



Wihen a question whom p''aid!' 



Section 1. Chapter 287 of the Public Statutes is amended by Expense of 
adding thereto the following section : Sect. 35 
of law is transferred from the superior court to the supreme court 
upon exception, the excepting party shall be required to pay to the 
clerk of the superior court the actual expense of printing the copies 
of the transferred case. If such transfer shall be by agreement of 
the parties without ruling by the superior court, such expense shall 
be paid by the plaintiff unless otherwise ordered by the superior 
court. The clerk of the superior court from which the case is 
transferred to the supreme court, shall be allowed such fees for his 
services in connection with such transfer as may be prescribed by 



394 



Chapter 88. 



1909 



Takes effect 
on passage. 



rule of the superior court or by order of the trial justice ; and such 
fees shall be paid by the exceptiug party, if any, or by the plaintiff 
if the case is transferred upon agreement without ruling, unless 
otherwise ordered by the superior court. Expenses and fees paid 
by a party as above specified sball be taxed as costs as may be pro- 
vided by rule or order of the supreme or superior court. Nothing 
in this act shall af!^ect the authority of the superior or supreme 
court to make such orders in respect to such expenses, fees, and 
costs, as in their opinion justice may require. 

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

[Approved Mardh 30, 1909.] 



CHAPTER 88. 



AN ACT IN AMENDMENT OF SECTION 19, CHAPTER 286, OF THE PUBLIC 
STATUTES, RELATING TO THE SALARY OF THE TREASURER OF HILLS- 
BOROUGH COUNTY. 



Section 

1. Annual salary of $700. 



Section 

2. Takes effect on passage. 



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



Annual salary 
of $700. 



Takes effect 
on passage. 



Section 1. Section 19 of chapter 286 of the Public Statutes is 
hereby amended by striking out the ninth line of said section and 
inserting in place thereof the following: In Hillsborough, seven 
hundred dollars. 

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

[Approved Mardh 30, 1909.] 



1909] Chapters 89, 90. 395 

CHAPTER 89. 

AN ACT AUTHORIZING THE TRUSTEES OF THE NEW HAMPSHIRE STATE 
HOSPITAL TO PURCHASE A BURIAL LOT, AND TO PROVIDE FOR THE 
BURIAL THEREIN OF DECEASED DEPENDENT INSANE INMATES OF THE 
HOSPITAL. 

Section I Section 

1. Purchase of lot authorized. 3. Takes eflfect on passage. 

2. Burial at state expense authorized. | 

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

Section 1. The trustees of the New Hampshire State Ho.spital Purchase of 
are hereby authorized and empowered to purchase, on behalf of the 
state, a suitable lot, costing not exceeding three (hundred dollars, 
for the burial of deceased dependent insane inmates of the 'hospital ; 
and the governor, with the advice and consent of the council, is 
hereby authorized to draw a warrant upon the state treasurer for 
the payment of such cost, from any money in the treasury not 
otherwise appropriated. 

Sect. 2. The said trustees are further hereby authorized and Burial at state 
empowered to cause to be buried, at the expense of the state, in the \zl^^^^ *'^ 
lot purchased under the authority conferred by section 1, any in- 
mate of the hospital wiho dies, and who, while living, was supported 
at the expense of the .state, aud who has no kindred or friends who 
will give the deceased a decent burial elsewhere at their own ex- 
pense. 

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

r . , \ on passage. 

[Approved March 30, 1909.] \', 



CHAPTER 90. 



AN ACT TO AMEND SECTION 2 OF CHAPTER 93 OF THIE PUBLIC STATUTES 
RELATING TO SCHOLARS. 

Section 1. Compulsory vaccination, when waived. 

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

Section 1. That section 2 of chapter 93 of the Public Statutes, compulsory 
as amended by chapter 19 of the Laws of 1901, be further amended when^waTv'e'd. 
by adding the words, except in the case of a child who has submitted 
to the process of vaccination not less than three times, or who holds 



396 



Chapter 91. 



1909 



the certificate of the local board of health, that he is an unfit subject 
for vaccination. Said board of health shall issue such certificate 
upon the advice of a re^stered physician approved by said board 
of health, so that whem 'amended the section shall read; Sect. 2. 
No child shall attend any public, parochial, or private school unless 
he has been vaccinated, or has had the smallpox, and this section 
shall be enforced by the board of health except in the case of a child 
who has submitted to the process of vaccination not less than three 
times, or who holds the certificate of the local board of health, that 
he is an unfit subject for vaccination. Said board of health shall 
issue such certificate upon the advice of a registered physician ap- 
proved by said board of health. 
[Approved IMareh 30, 1909.] 



CHAPTER 91. 



AN ACT IN AMENDMENT OP SECTIONS 6, 8 AND 9 OF CHAPTER 57, PUBLIC 
STATUTES, RELATING TO THE ANNUAL INVOICE OF POLLS AND TAX- 
ABLE PROPERTY. 



Blank inven- 
tories, to 
whom de- 
livered. 



Sectiox 

1. Blank inventories, to whom deliv- 

ered. 

2. Inventories, by whom furnished. 



Section 

3. Inventories returned after April 15, 

when. 

4. Takes effect on passage. 



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

Section 1. That section 6 of chapter 57, Public Statutes, be 
amended by striking out the words "within their respective to^Tis" 
and by inserting in place thereof the words both resident and non- 
resident in the third and fourth lines of said section, and by adding 
the words and in the case of non-resident persons and corporations, 
may be mailed to their last known address or given to the person 
in charge of their property in the town Where it is taxable, at the 
end of said section, so that as amended it shall read as follows: 
Sect. 6. The selectmen or assessors, at the time mentioned in the 
following section, shall cause copies of such blank inventories to be 
given to all persons and corporations, both resident and non-resi- 
dent, who are taxable therein for any real or personal estate. Such 
blanks ma^^ be given in hand to such persons and to the president, 
clerk or person having the principal charge of the business of such 
corporations, or be left at their usual place of abode or business, 
and in the case of non-resident persons and corporations, may be 



1909] Chapter 92. 397 

mailed to their last known address or given to the person in charge 
of their property in the town where it is taxable. 

Sect. 2. That section 8 of said chapter 57 be amended by adding inventories, 
the words or in case of non-resident persons or corporations mail, furnTsh°ed. 
after the word "deliver" in the sixth line of said section, so that 
said section as amended shall read as follows: Sect. 8. Every 
person and every corporation, by its president or other principal 
officer, shall fill out the blank inventory in all respects according to 
its requirements, and subscribe and make the required oath thereto 
before some justice of the peace or a selectman or assessor, either of 
wlhom is empowered to adminisiter tlie same, and shall deliver, or, 
in ease of non-resident persons or corporations, mail such inventory 
to the selectmen or assessors on or before the fifteenth day of April 
of that year. 

Sect. 3. That section 9 of said chapter 57 be amended by adding inventories ra- 
the words or in the case of non-residents, mailed, after the word a^uis, 
"delivered" in the first line of said section, so that as amended it "*^^®"" 
shall read as follows: Sect. 9. If the blank inventory is not 
delivered, or, in the case of non-residents, mailed to any person or 
corporation on or before the fifteenth day of April, or if any person 
is prevented by accident, mistake or misfortune from making return 
thereof on or before that day, such person or corporation .shall make 
such return before the first day of May. 

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

[Approved :\rareh 30. 1909.] '"' '"'''^'' 



CHAPTER 92. 



AN ACT AUTHORIZING THE PAYMENT BY SAVINGS BANKS OP DEPOSITS 
MADE IN TWO NAMES. 

Section i Section 

1. Payment of deposit, how made. 2. Takes effect on passage. 

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

Section 1. When a deposit has been made, or shall hereafter be Payment of 
made in any savings bank transacting business in this state in the mTde.' ' "^ 
names of two persons, payable to either, or payable to either or the 
survivor, such depcsit, or any part thereof, or any interest or divi- 
dend therein, may be paid to either of said persons, whether the 
other be living or not; and the receipt or acquittance of the person 
so paid shall be a valid and sufficient release and discharge to the 
bank for any payment so made; provided, however, that if one of 



398 



Chapter 93. 



1909 



Takes effect 
on passage. 



the parties has deceased, and the bank ot^cials have knowledge of 
the fact, payment shall not be made to the survivor, until the state 
treasurer has certified that no taxes are due the state under the 
provisions of chapter 40 of the Laws of 1905 and amendments 
thereto, on account of the interest of said decedent in said deposit, 
or that aU taxes due have been paid. 

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

[Approved March 30, 1909.] 



CHAPTER 93. 



AN ACT IN AMENDMENT OF CHAPTER 98 OF THE LAWS OF 1901 RELAT- 
ING TO THE PROTECTION AND PRESERVATION OF ORNAMENTAL AND 
SBtADE TREES IN THE HIGHWAYS. 



Section 

1. Shade trees, how taken by eminent 
domain. 



Section 

2. Takes effect on passage. 



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



Shade trees, 
how taken by 
eminent do- 



Section 1. Chapter 98 of the Laws of 1901 is hereby amended 
by striking out seotion 3 thereof and inserting in place thereof the 
following: Sect. 3. If any of the trees designated as aforesaid 
should prove to be private property, and the owners thereof refuse 
to release or convey their interest therein to the municipality, the 
tree warden sihall acquire them for the use of the city or towTi by 
purchase, if it can be done at a fair price. Failing in this, he may 
take said trees for the iLse of the city or town by appraising the 
fair value of the same and by causing to be served upon the owner 
thereof a Motiee of such taking, which notice shall state the number 
of each variety of tree so taken, the location of the same as near as 
practicable, and the value thereof as fixed by 'him; and also by 
filing a copy of such notice attested by him with the city or town 
clerk. If the owner shall be satisfied with the value stated in 
said notice, the tree warden shall cause the same to be paid to him 
forthwith. If the owner shall be dissatisfied with the action of 
said tree warden in valuing the trees so taken, he may, within thirty 
days after said notice has been served upon him but not after- 
wards, apply to the selectmen to assess his damages. Such pro- 
ceedings shall thereupon be had, including the right of appeal, as 
are provided in the case of assessment of damages in laying out 
highways 'by the selectmen ; and thereupon such damages, if any, 
may be awarded as shall be legally and justly due to the land- 



1909] Chapters 94, 95. 399 

owner. Cities and towns are hereby authorized to raise and appro- 
priate money to carry into effect the provisions of' this act. 

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

^ ^ on passage. 

[Approved March 30, 1909.] 



CHAPTER 94. 



AN ACT TO AUTHORIZE TOWNS TO MAKE BY-LAWS RESPECTING THE USE 

OF MOTOR BOATS. 

Section Section 

1. May regulate use of mufflers, etc. 2. Takes eflfect on passage. 

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

Section 1. Towns may make such by-laws respecting the use of May regulate 
mufflers upon boats and vessels propelled by gasolene or naphtha Aers, etc. 
and operating upon the waters within the limits of such towns; may 
appoint all such otficers as may be necejssary to carr}^ such by-laws 
into effect; and may affix penaltdes not exceeding ten dollars for 
any offense, to be recovered in such manner and to such use as the 
town may direct. 

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

on passage. 

[Approved Marfih 30, 1909.] 



CHAPTER 95. 



AN act in amendment OF CHAPTER 38, SESSION LAWS OP 1905, AS 
AMENDED BY THE SESSION LAWS OF 1907, REQUIRING NON-RESIDENTS 
TO PROCURE A LICENSE TO HUNT. 

Section i Section 

1. Prior provision repealed. I 2. Takes effect on passage. 

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

Section 1. Strike out the whole of section 2 of said act, relating Prior provision 

repealed. 

to non-resi'dent ownership of real estate within the limits of the 
state, and renumher the remaining sections. 

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

on passage. 

[Approved Mardh 30, 1909.] 



■iOO 



Chapters 96, 97. 



[1909 



CHAPTER 96. 

AN ACT IN AMENDMENT OF CHAPTER 11 SECTION 1 OP THE LAWS OF 
1899 MAKING THE FIRST DAY OP JANUARY A LEGAL HOLIDAY. 



January 1 a 
legal holiday. 



Takes effect 
on passage. 



Sectiok 

1. January 1 a legal holiday. 



Section 

2. Takes effect on passage. 



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

Section 1. That section 1 of chapter 11 of the Laws of 1899 be 
amended by adding after the words "the fourth day of July," the 
first day of January so that the amended section will read as fol- 
lows: Section 1. Thanksgiving day and Fast day whenever ap- 
pointed, Labor day, the day on which the biennial elections are 
held, the twenty-second day of February, the thirtieth day of May, 
the fourth day of July, the first day of January and Christmas day, 
shall be legal holidays, and when either of the five days last men- 
tioned occurs on Sunday the following day shall be observed as a 
holiday. 

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

[Approved Mardh 30. 1909.] 



CHAPTER 97. 



AN ACT TO legalize THE PROCEEDINGS OF TOWNS FOR YEAR 1909, 
appropriating money for school PURPOSES. 



Proceedings 
legalized. 



Takes effect 
on passage. 



Section 

1. Proceedings legalized. 



Section 

2. Takes effect on passage. 



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

Section 1. All acts and proceedings of the voters of towns in 
the year 1909 appropriating money for school purposes, whether 
same was voted in annual town or annual school district meetings 
are hereby legalized and made valid. 

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

[Approved Mardh 30, 1909.] 



1909] 



Chapters 98, 99. 
OHAPTEiR 98. 



401 



AN ACT IN RELATION TO THE SALARY OF THE REGISTER OF PROBATE OF 

COOS COUNTY. 



Section 

1. Annual salary of $900. 



Section 

2. Takes effect on passage. 



Be it en-acted hy the Sen-ate and House of Representatives in 
General Court convened: 

Section 1. Ame<nd section 1, of diapter 51, of session Laws of '^I^^^qq^^^^^ 
3903 by striking out in the second line the word ''seven" and insert 
in the place thereof the word nine so that said line shall read. The 
county of Coos shall hereafter be nine hundred dollars. 



Sect. 2. This act shall tal^e effect upon its passage. 
['Approved Mardh 30, 1909.] 



Takes effect 
on passage. 



CHAPTER 99. 



an act in AMENDMENT TO CHAPTER 117 OF THE LAWS OF 1905 EN- 
TITLED, ''an act RELATING TO THE ENFORCEMENT OF THE LAWS 
RELATING TO THE ILLEGAL SALE OF INTOXICATING LIQUOR IN NO- 
LICENSE TERRITORY.'' 



Section 

1. Search of persons on premises. 

2. Search of person or vehicle. 



Section 

3. Takes effect on passage. 



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

Section 1. Amend chapter 117, Laws of 1905, by adding thereto search of per- 
two new sections as follows: Section 1. Whenever a search war- f^e"^ ''^ '''^*^'^ 
rant is made out requiring tJie officer to search any place therein 
described, under chapter 251 of the Public Statutes, the warrant 
may direct said officer to search the persons found therein and 
named in said warrant, for the articles called for in the search 
warrant. 

Sect. 2. A search warrant made out to search for intoxicating 
liquors under chapter 251 of the Public Statutes ma}^ require the 
officers to search any person therein named or any wagon or other 
vehicle. 

Sect. 3. This act shall take effect upon its p'assage. 

[Approved Mardh 30, 1909.] 



Search of per- 
son or vehicle. 



Takes effect 
on passage. 



402 



Chapter 100. 



1909 



CHAPTER 100. 

AN ACT ENABLING CERTAIN SCHOOL DISTRICTS TO MAKE CONTRACTS 
WITH CERTAIN HIGH SCHOOLS OR ACADEMIES OUT OF THE STATE FOR 
FURNISHING INSTRUCTION TO PUPILS OF HIGH SCHOOL GRADE. 

Sectiox 1. Contracts with schools outside state authorized; district to pay tuition; 
right to share in state funds not affected. 

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



Contracts with 
schools outside 
state author- 
ized. 



District to 
pay tuition. 



Right to share 
in state funds 
not affected. 



Section 1. Chapter 96 of the session Laws of 1901, as amended 
by chapter 90 of the session Laws of 1905, is herehy amended by 
adding at the end thereof the following new sections, to be known 
as sections 7, 8 and 9 of said chapter 96, session Laws of 1901, to 
wdt: Sect. 7. Any school district in towns bordering on the state 
line, not having a high school or school of corresponding grade, 
may make contracts with high schools or academies in towns and 
cities located out of the state, whenever by reason of distance and 
transportation facilities such schools outside the state are more 
accessible to the pupils, and may raise and appropriate money to 
carry such contracts into effect, provided, hoicever, that every such 
academy or high school shall be approved by the superintendent 
of public instruction, in accordance with section 4, chapter 96, ses- 
sion Laws of 1901, and acts in amendment thereof and addition 
thereto. Sect. 8. Any district in a town bordering on the state 
line not maintaining a high school or school of corresponding grade 
shall pay for the tuition of any child, who, with parents or 
guardian resides in said district an^d who attends a high school or 
academy ioeated out of the state, whenever by reason of distance 
and transportation facilities such schools outside the state are more 
accessible to the pupils, provided, Jwivever, that every such academy 
or high school shall be approved by the superintendent of public 
instruction, in accordance with section 4, chapter 96, session Laws 
of 1901, and acts in amendment thereof and addition thereto, and 
the parents or guardian of such child shall notify the school board 
of the district in which he resides of the high school or academy 
which he desires to attend, and the approval of the school board 
shall he necessary in all cases arising under this section. Sect. 9. 
Towns paying for tuition of scholars in high schools or academies 
out of the state shall be entitled to share in the annual 
appropriation of the state for such tuition, and in the literary 
fund, so called, in the same manner as towns paying for the tuition 
of children attending a high school or academy in the state. 

[Approved Marc^h 30, 1909.] 



1909' 



Chafi^er 101. 



403 



CHAPTER 101. 

AN ACT TO PROVIDE FOR THE ENLARGEMENT, REMODELING, HEATING 
AND FURNISHING OF THE STATE HOUSE. 



Section 

1. Remodeling of state house author- 

ized. 

2. Appropriation of $400,000. 

3. Bonded debt authorized. 



Section 

4. Form of bonds. 

5. Exemption from taxation. 

6. Disbursement of funds. 

7. Takes effect on passage. 



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

Section 1. That the state hoiise be enlarc^ecl, remodeled, made Remodeling 

^ authorized. 

fireproof so far as practicable, and suitably furnished, such en- 
largement, remodeling, fireprD'ofing and furnishing to be made by 
and under the direction of the governor and council, who shall 
procure such plans and .specifications as may be necessary to carry 
out the general plans and recommendations submitted to the legis- 
lature of 1905-06 by Governor Nahum J. Bachelder 'and the coun- 
cil in compliance with chapter 181, Laws of 1903, that a fireproof 
addition be erected and that the present building be enlarged and 
improved. The governor and council are hereby authorized to make 
such changes and modifications in said general plans or adopt such 
other plans as in their judgment the interests of the state may seem 
to require; and they are further authorized, if they deem it for 
the best interests of the state, to purchase or acquire necessary 
land outside the present state house lot on which to erect a suitable 
heating plant for the state house and state library. 

Sect. 2. That, to provide for said enlarging, remodeling, fire- 
proofing, heating, and furnishing the state house the sum of four 
hundred "thousand dollars be, and hereby is, raised and appro- 
priated; said sum to be expended under the direction of the 
governor and council, as provided In section 1. Provided always, 
that the plan adopted by the governor and council shall be such 
as shall provide for the remodeling of the present building and the 
erection of all additions or appurtenances to the same within the 
appropriation 'herein made, and that the specification shall limit 
the cost of the entire contract completed, giving to the state a 
building suitable and adequate to the needs of the state, to tlie 
sum of $400,000, and no contracts, agreements or understandings 
shall be approved by the governor and council for the purchase 
of land, the remodeling of the present building or for any other pur- 
pose whatsoever, wliich in their entirety shall exceed the net cost 
to the state of $400,000, and the new or remodeled state house 



Appropriation 
of $400,000. 



404 



Chapter 101. 



[1909 



Bonded debt 
authorized. 



Form of 
bonds. 



Exemption 
from taxation. 



Disbursement 
of funds. 



Takes effect 
on passage. 



shall be completed and ready for occupancy by December 1, 1910, 
at an expenditure within said appropriation. 

Sect. 3. The state treasurer is hereby authorized, under the 
direction of the governor and council, to borrow said sum of four 
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, 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 be payable 
fifty thousand dollars on July 1, 1930, and fifty thousand dollars 
on the first day of July annually thereafter until the whole amount 
has been paid; 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 places as 
the governor and council shall designate. 

Sect. 4. Said bonds shall be designated New Hampshire state 
house improvement 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. 5. Said bonds- when owned by residents or savings banks 
of this state shall be exempt from taxation. 

Sect. 6. The governor shall draw his warrants for the amounts 
that may be, or become, due from time to time, under the contracts 
of the governor and council, for the purposes aforesaid, to an 
amount not exceeding the proceeds of said bonds. 

Sect. 7. This act shall take effect upon its passage. 

[Approved March 30, 1909.] 



1909] 



Chapter 102. 



405 



CHAPTER 102. 

AN ACT TO REVISE AND AMEND CHAPTER 59 OF THE LAWS OF 1895, 
RELATING TO THE MILITL\. 



persons subject to military duty 

exemptions. 

Section 

1. Who subject to duty ; exemptions. 

enrollment. 

2. Enrollment, what to contain. 

3. Notice to persons enrolled; claims 

of exemption. 

4. Assessors' list open to inspection; 

false information, penalty for. 

DESIGNATION AND CLASSIFICATION OF THE 
MILITIA. 

5. Classification of militia. 

COMMANDER-IN-CHIEF. 

6. Governor to be commander-in-chief. 

7. Armed force from another state. 

STAFF OF THE GOVERNOR. 

8. Staff of governor. 

POWER OF THE GOVERNOR IN CASE OF 
INVASION, ETC. 

9. Power of governor in case of in- 

vasion. 

DRAFTS OR VOLUNTEERS FROM MILITIA. 

10. Drafts or volunteers from militia. 

11. Person failing to appear deemed 

deserter. 

ORGANIZATION OF RESERVE MILITIA WHEN- 
ORDERED OUT 

12. Organization of reserves. 

PROCLAMATION OF STATE OF INSURRECTION. 

13. Proclamation of insurrection. 

OCCASIONS WHEN THE ARTICLES OP WAR 
OP THE UNITED STATES ARE TO BE IN 
FORCE. 

14. Articles of War, when in force. 

15. Powers of courts martial when Arti- 

cles of War in force. 

RELIEF FROM CIVIL OR CRIMINAL LIA- 
BILITY. 

16. Suspension of power of civil courts. 

17. Security for costs in suit against 

officer. 

THE ADJUTANT-GENERAL. 

18. Authority. 

19. Bond. 

20. Seal. 

7 



Section 

21. Office and records. 

22. Statement of disbursements. 

23. To print military laws, etc. 

24. To issue blanks and forms. 

25. Reports, returns, and care of prop- 

erty. 

26. To act as quartermaster-general in 

time of peace. 

27. To furnish funds to regimental pay- 

masters. 

28. Records, how kept. 

29. Inde.x and copies. 

30. Fraudulent papers for record, pen- 

alty. 

31. Abstracts of records. 

32. To care for military property. 

33. To care for arms, etc., issued to 

state. 

34. To return equipments to United 

States army. 

35. To issue camp equipage. 

36. To sue for forfeitures and ac30unt 

for moneys. 

37. Expense accounts. 

38. To purchase and issue military 

property. 

39. Purchases upon written pvoposa.s. 

40. Purchases upon advertised pr^iA.- 

sals. 

41. Contracts of purchase. 

42. Inspection of property purchased. 

43. Purchases in case of invasion, etc. 

44. Disposition of clothing, etc. 

45. To supervise armories, etc. 

AUDIT AND PAYMENT OF ACCOUNTS. 

46. Emergency purchases. 

ACTIVE MILITIA HOW ORGANIZED. 

47. Departments of National Guard. 

48. Organization ; governor may re- 

organize. 

49. Increase of force in time of war, 

etc. 

50. Organization in time of peace. 

BRIGADE, REGIMENTAL AND BATTALION 
COMM.^NDERS AND STAFFS. 

51. Brigade, regimental, and battalion. 

commanders and staffs. 

STAFF DEPARTMENTS. 

52. Staff departments. 

53. Additional officers. 

54. Post quartermaster-sergeant, etc. 



406 



Chapter 102. 



1909 



Section 

55. Hospital corps. 

56. Number of noncommissioned offi- 

cers. 

57. Inspector-general. 

58. Judge-advocate general. 

59. To legally advise military depart- 

ment. 

60. Quartermaster-general; commissary- 

general. 

61. Surgeon-general. 

OFFICERS, NON-COMMISSIONED OFFICERS, 
AND EXAMINING BOARDS, HOW AP- 
POINTED. • 

62. Officers, how appointed. 

63. Rank of officers. 

64. Assignment in case of vacancy. 

65. Officers, how commissioned. 

66. Examining boards, appointment and 

duties. 

67. Non-commissioned officers, how ap- 

pointed. 

68. Temporary vacancies. 

69. Company without commissioned offi- 

cers. 

70. Illegal business bar to office. 

71. Brevet rank; retirement after ten 

years' service. 

RESIGNATION, RETIREMENT, REMOVAL AND 
DISCHARGE OF OFFICERS. 

72. Resignation of officers. 

73. Retired list; discharges for dis- 

ability. 

74. Examination and discharge. 

75. Dismissal for absence. 

76. Officers, how removed. 

ENLISTED MEN OF THE NATIONAL GUARD. 

77. Who may be enlisted. 

78. Enlistment of minors, etc. 

79. Re-enlistment after disbandment. 

80. Enlistment of musicians, etc. 

81. Medical examination. 

82. Medical examiners of recruits. 

83. Re-enlistments. 

84. Enlistment oath. 

85. Transfers. 

86. Companies, etc., how raised. 

87. Order for raising. 

88. Date of organization. 

89. Enlistment of bands. 



RETIREMENT. 

90. Retirement of enlisted men 

brevet rank. 

DISCHARGES. 

91. Discharges of enlisted men. 

92. Full and honorable discharge. 

93. Honorable dischange. 

94. Discharge. 



with 



Section 
95. Dishonorable discharge. 
90. Application for discharge. 

RESPONSIBILITY FOR EFFICIENCY. 

97. Commanding officer responsible. 

DRILLS AND PARADES. 

98. Drills, parades, and inspections. 
9!). Practice marches, etc. 

100. Land for encampment. 

101. Damages, how assessed. 

102. Appeal from assessment. 

103. Rifle practice. 

RIOTS AND INSURRECTIONS. 

104. Militia ordered out in case of riot, 

etc. 

105. Duty oi. officer receiving order. 
lOG. Orders of civil officer to be obeyed. 

WARNINGS. 

107. To whom issued. 

108. How delivered. 

109. Regimental band, how warned. 

110. Excuse for non-appearance. 

111. Excuse to be in writing. 

ABSENCE OF OFFICERS AND ENLISTED MEN, 
AND PENALTIES. 

112. Leave of absence of officers. 

113. Fine for absence. 

114. Absence, when deemed desertion. 

115. Refusal to obey in case of riot, 

penalty. 

116. Non-appearance of officer at in- 

struction meeting, penalty. 

117. Exemption from duty on election 

days. 

118. Court-martial for absence. 

119. Fines, collection of. 

DISCIPLINE AND EXERCISE. 

120. To conform to that of United States 

Army. 

MILITARY COURTS. 

121. Classification. 

122. Courts martial governed by Articles 

of War. 

123. Courts martial, who subject to. 

124. How ordered. 

125. Charge to be made within one year 

of offense. 

126. Courts martial, sentences of. 

127. Witnesses, how summoned. 

128. Regimental courts martial. 

129. How constituted. 

130. Sentences of. 

131. Courts of inquiry. 

132. Proceedings, how disposed of. 

133. Fees in courts martial and courts of 

inquiry. 
184. Roll of fees to be certified. 



1909] 



Chapter 102. 



407 



Section 

135. No death penalty in time of peace. 

136. Members of court exempt from civil 

liability. 

137. Jurisdiction presumed. 

ARMS, UNIFORMS, AND EQUIPMENT. 

138. To be supplied by state. 

139. Commissioned officers to provide 

uniforms. 

140. Service uniforms. 

RESPONSIBILITY FOR PUBLIC PROPERTY. 

141. Officers and men responsible. 

142. Delivery of equipment, etc. 

143. Rent of armories regulated. 

PAY FOR MILITARY SERVICE. 

144. Compensation for service. 

145. Pay of examining boards. 

146. Pay of inspector-general. 

147. Pay of adjutants, etc. 

148. Pa)' for sundry services. 

149. Pay for use of horses. 

150. Pay for forage. 

151. Pay in joint manoeuvres or actual 

service. 



Section 

152. Postage bills, etc. 

153. State to furnish transportation. 

GENERAL PROVISIONS. 

154. Civil process suspended, when. 

155. Commanding officer may enforce 

right of way. 

156. Unlawful disposition of property 

and unauthorized use of insignia, 
penalty. 

157. Powers of commanding officer at en- 

campment or parade. 

158. Devolution of duty. 

159. Associations of members of militia. 

160. Special powers of commander-in- 

chief. 

161. Meaning of "company" and "en- 

listed man." 

162. No organization to leave state with- 

out consent of commander-in- 
cliief. 

163. United States Army usage prevails, 

when. 

164. Who may administer oaths. 

165. Fines and penalties, how credited. 

166. Repealing clause; act takes effect on 

passage. 



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

PERSONS SUBJECT TO MILITARY DUTY — EXEMPTIONS. 



Section 1. All the able-bodied male citizens and able-bodied who subject 
males of foreign birth who have declared their intention to become exemptions, 
citizens, who are more than 18 and less than -±5 years of age, 
and who are residents of tbis state, shall constitute the militia, 
subject to the following exemptions: 

1. Persons exempted by the laws of the United States. 

2. Justices and clerks of courts of record; registers of deeds; 
sheriffs; m,inisters of the gospel; practicing phj'sicians; superin- 
tendents, officers, and assistants of hospitals, prisons, and jails; 
light-house keepers; conductors and engineers of railways; seamen 
actually employed as such. 

3. Idiots, lunatics, paupers, vagabonds, confirmed drunkards, 
persons addicted to the use of narcotic drugs, and per.sons convicted 
of infamous crimes. 

All such exempted persons, except those enumerated in sub- 
divisions 1 and 3, shall be available for military duty in case of 
war, insurrection, invasion, or imminent danger thereof. 



408 



Chapter 102. 



1909 



ENROLLMENT. 



Enrollment, 
what to con- 
tain. 



Notice to per- 
sons enrolled; 
claims of 
exemption. 



Assessors' lists 
open to in- 
spection; false 
information, 
penalty for. 



Sect. 2. Whenever the governor shall deem it necessary, he may 
order an enrollment to be made by officers designated by him of 
all persons liable to service in the imilitia. Such enrollment shall 
state the name, residence, age, and occupation of the persons en- 
rolled, and their previous or existing military or naval service. 
Three copies shall be made thereof; one shall be retained by the 
enrolling officer, one tiled in the office of the town or city clerk in 
which the enrolled persons reside, one in the office of the clerk of 
the county in which the enrollment is made, and the original in the 
office of the adjutant-general. If the governor so direct, such 
enrollment shall show separately all the seafaring men of whatever 
calling or occupation ; all men engaged in the navigation of the 
rivers, lakes, and other waters of the state, or in the construction 
and management of ships and crafts, together with ship owners 
and their employees, yacht owners, members of yacht clubs, and 
all other associations for aquatic pursuits. 

Sect. 3. The officer making the enrollment shall, at the time of 
making the same, serve a notice of such enrollment upon each 
person enrolled, by delivering such notice to him or leaving it with 
some pei*son of suitable age and discretion, at his place of residence. 
All persons claiming exemption must, within fifteen days after 
receiving such notice, tile a written statement of such exemption, 
verified by affidavit, in the office of the county clerk. Such clerk 
shall thereupon, if such person be exempted according to law, mark 
the word exempt opposite his name ; and the remainder of all tluLS 
enrolled, and not thus found to be exempt, shall constitute the 
militia of the state, and such clerk shall transmit a copy of such 
corrected roll to the adjutant-general. The commanding officer of 
each organization in the New Hampshire National Guard shall, 
whenever an enrollment is ordered, file in the office of such county 
clerk a certified list of the names of all persons in his command. 

Sect. 4. The assessors in each city, village, town, or ward in this 
state shall allow persons appointed to make such enrollment, at 
all proper times, to examine their assessment rolls and take copies 
thereof, and the clerks of all towns, wards and cities shall in like 
manner, at all proper times, allow such persons to examine and 
copy the poll lists on file in their offices. All persons shall, upon 
the application of any person making such enrollment, give the 
name of and all other proper information concerning any person 
within their knowledge liable to be enrolled, under penalty of $10 
for every concealment or false information, or refusal to give the 
information requested, to be recovered in the name of the state in 
any court, with costs. The officer making the enrollment shall. 



1909] Chapter 102. 409 

within ten days, report all pereons who shall fail or neglect to give 
information to the adjutant-general. 



DESIGNATION AND CLASSIFICATION OF THE MILITIA. 

o ^,1 asses ! Clas 

ilitia. 



Sect. 5. The militia of the state shall be divided into two classes; Classification 

of militia 

the active and the reserve militia. The active militia shall consist 
of the organized and uniformed military forces of the state, which 
shall be known as the New Hampshire National Guard ; the reserve 
militia shall consist of all those liable to service in the militia, but 
not serving in the New Hampshire National Guard. 

commander-in-chief. 
Sect. 6. The governor of the state, bv virtue of his office, shall Governor to be 

'^ 7 . 7 commander- 

be the commander-in-chief of the militia of the state, except of in-chief. 

such portions as may at times be in the service of the United 

States. Whenever the governor is unable to perform the duties of 

commander-in-chief, the senior line officer of the National Guard, 

present for duty in the state, shall command the militia of the 

sta.te, except in cases where the president of the senate or speaker 

of the house, under the laws of the state, is required to perform 

such duty. 

Sect. 7. No armed military force from another state, territory, Armed force 

T-T-iii • PI J? from another 

or district shall he permitted to enter the state tor the purpose or state, 
doing military duty therein without the permission of the governor, 
unles.? snch force is part of the United States Army or is acting 
under the authority of the United States. 

STAFF OF THE GOVERNOR. 

Sect. 8. The staff of the governor shall consist of one adjutant- staff of gov- 

ernor, 

general, who shall be chief of staff with the rank of major-general, 
who shall be the adjutant-general of the state, and eight aides-de- 
camp, who shall have the rank of colonel. The adjutant-general 
and the aides-de-camp may be appointed without restriction as to 
the source of selection. All of these officers shall be appointed by 
the governor and shall hold office during his pleasure, and their 
commissions shall expire with the term of office of the governor 
appointing them. 

POWER OF THE GOVERNOR IN CASE OF INVASION, ETC. 



Sect. 9. The governor shall have power, in case of insurrection, Power of gov- 

. 1 1 n 1 ■ • -1 ernor-in-case 

invasion, tumult, not, or breach oi the peace, or imminent danger of invasion, 
theri'of, to order into the active service of the state any part of the 



410 



Chapter 102. 



1909 



militia that he may deem proper. Wihen the militia of this .state 
or a part thereof is called forth under the constitution and laws 
of the United States, the governor shall order out for service the 
active militia or such part thereof as may be necessary, and if the 
number available be insufficient, he shall order out such part of 
the reserve militia as he may deem necessary. During the ab.sence 
of organizations of the National G^uard in the service of the 
United States their state designation shall not be given to new 
organizations. 

DRAFTS OR VOLUNTEERS PROM MILITIA. 



Draft or vol- 
unteers from 
militia. 



Person failing 
to appear 
deemed de- 
serter. 



Sect. 10. Whenever it shall be necessary to call out any portion 
of the reserve militia for active duty, the governor shall direct 
his order to the mayor of any city or the selectmen of any town, 
who, upon the receipt of the same, shall forthwith proceed to 
draft, by lot, as many of the reserve militia in his city or town, 
or accept as many volunteers as are required by the governor, 
and shall forthwith forward to the governor a list of the persons 
so drafted or accepted as volunteers. 

Sect. 11. Every member of the militia ordered out. or who 
volunteers or is drafted under the provisions of this chapter, who 
does not appear at the time and place designated by :his command- 
ing ofificer, the mayor, or selectmen, within twenty-four hours from 
such time, or who does not produce a sworn certificate of physical 
disability from a physician in good standing, to so appear, shall 
be taken to be a deserter -and dealt with 'as prescribed in the articles 
of war of the United States. 



ORGANIZATION OF RESERVE MILITIA WHEN ORDERED OUT. 



Organization 
of reserves. 



Sect. 12. The portion of the reserve militia ordered out or 
accepted into the service, as indicated in sections 9 and 10 of this 
chapter, shall be immediately mustered into the service of the 
state for one year, or such less period as the governor may direct, 
and shall be organized into troops, batteries, or companies, which 
may be arranged in squadrons, battalions, or regiments, or assigned 
to organizations of the New Hampshire National Guard already 
existing. The governor is authorized to appoint the olfieers neces- 
sary to commence or complete any organization thus created. Such 
new organization shall be equipped, disciplined, and governed ac- 
cording to this chapter and the military regulations of the state. 



PROCLAMATION OF STATE OF INSURRECTION. 



Proclamation Sect. 13. Whenever anv portion of the militia is employed in 

of insnrrec- " ^ . . 

tJon. aid of the civil authority, the governor, if in his judgment the 



1909] 



Chapter 102. 



411 



main'tenance of law and order will thereby be promoted, may by 
proclamation declare the county or city in which the troops are 
serving, or any sj^eciiied portion thereof, to be in a state of 
insurrection. 



OCCASIONS WHEN THE ARTICLES OF WAR OP THE UNITED STATES ARE 

TO BE IN FORCE. 

Sect. 1-i. Whenever any portion of the militia shall be on duty Articles of 

1 1 1 c 1 111. "'•'"'' when in 

under or pursuant to the orders oi the governor, or shall be on force. 
duty or ordered to assemble for duty in time of war, insurrection, 
invasion, public danger, or to aid the eivil authorities on account 
of any breach of the peace, tumult, riot, resistance to process of 
this state, or imminent danger thereof, or for any other cause, the 
articles of war governing the army of the United States and the 
regulations prescribed for the army of the United States, as far 
as such regulations are consistent with this chapter and the regula- 
tions issued thereunder, shall be in force and regarded as a part 
of this chapter until said forces shall duly be relieved from such 
duty. 

Sect. 15. As to offenses committed when such articles of war 
are so in foTce, courts martial sihall possess, in addition to the 
jurisdiction and power of sentence and puni.shment herein vested 
in them, all additional jurisdiction and power of sentenee and 
punishment exercisable by like courts under such articles of war 
or the regulations or laws goveirning the United States Army or 
the customs and usages thereof, but no punishment under such 
rules and articles which shall extend to the taking of life shall, 
in any case, be inflicted except in time of actual war, invasion, or 
insurrection, declared by proclamation of the governor to exist, 
and then only after the approval by the governor of the sentence 
inflieting such punishment. Imprisonment other than in guard- 
house shall be executed in jails or prisons designated by the 
governor for the purpose. 



Powers of 
courts martial 
when articles 
of war in 

force. 



RELIEF FROM CIVIL OR CRIMINAL LIABILITY. 

Sect. 16. ]Members of the militia ordered into the active service Suspension 
of the state by any proper authority shall not be liable, civilly or civir^urts. 
criiminally, for any act or acts done by them while on duty. 

Sect. 17. When a suit or proceeding shall be commenced in any security for 
court by any person against any officer of the onilitia for any act agahis't officer, 
done by such officer in his official capacity in the discharge of any 
duty under this chapter, or against any person acting under the 
authority or order of any such oiScer, or by virtue of any warrant 
issued by him pursuant to law, the defendant may require the 



412 



Chapter 102. 



1909 



person prosecuting or instituting the suit or proceeding, to file 
security for the payment of costs that may be awarded to the 
defendant therein, and the defendant in all cases may make a 
general denial and give the special matter in evidence. 



THE ADJUTANT-GENERAL. 



Authority. 



Bond. 



Seal. 



Office and 
records. 



Statement of 
disbursements. 



Sect. 18. The adjutant-general shall be in control of the mili- 
tary department of the state, and subordinate only to the governor 
in matters pertaining to said department. He shall detail officers 
for courts martiaJl, and shall perform such duties as pertain to the 
adjutant-general and the other chiefs of staff departments under 
the regulations and custom of the United States Army. He shall 
superintend the preparation of all returns and reports required by 
the United States from the state, and shall perform all the duties 
prescribed for him in this chapter. 

Sect. 19. He sliall give bond to the state in the sum of five 
thousand dollars, with sufficient sureties, to be approved by the 
governor with the advice and consent of the council, conditioned 
for the faithful performance of the duties and trasts of his office. 

Sect. 20. The seal now used in the office of the adjutant-general 
shall be the seal of his office, and shall be delivered by him to his 
successor. 

Sect. 21. He shall keep liis office at the state capitol, and shall 
record and distribute the orders of the commander-in-chief, keep 
a register of all the officers of the militia of the state, w^ith the 
dates of their appointments and resignations, and keep in his 
office all records and papers required to be kept and filed therein, 
and make a detailed report on or before the thirty-first day of 
August in each year to the governor of the condition of the 
National Gruard, their uniforms, arms, accouterments, and am- 
munition, and of the condition of all public property in his charge, 
and when required he shall account for all funds, military stores, 
and other public property committed to his care or which have 
come into his hands, and deliver to his successor in office all funds, 
stores, or other property not by him legally expended. 

Sect. 22. He shall annually submit to the governor and council 
at some session between the first days of September and October, 
an accurate statement of his disbursements for the preceding year 
ending August thirty-first, with vouchers thereof, and the same 
shall be audited and adjusted by the governor and council, or by 
some suitable person by them appointed therefor. The accounts 
and vouchers, when so audited, if allowed, shall be deposited and 
kept on file in the office of the state treasurer. When his account 
has been so submitted and approved, he shall receive a certificate 
from the governor to that effect. 



1909] Chapter 102. 413 

Sect. 23. He shall, at the expense of the state, when necessary, To print miii- 
cause the military law, the general regulations of the state, and the 
articles of war of the United States, to be printed, indexed, and 
bound in proper and compact form, and distributed to the com- 
missioned officers, sheriffs, mayors of cities, selectmen of towns, 
and county treasurers of this state, at the rate of one copy to each ; 
and to each commissioned officer and headquarters he shall issue 
one copy of the necessary text-books and of such annual reports 
concerning the militia as the governor may direct. 

Sect. 24. He shall cause to be prepared and issued all necessary To issu<> 
blank books, blanks, forms, and notices reciuired to carry into forms^ "^'^ 
full effect the provisions of this chapter. All such books and blanks 
shall remain the propertj^ of the state. 

Sect. 25. He shall make such regulations pertaining to the Reports, re- 
preparation of reports and returns and to the care and preservation care 'of 
of property for military purposes, whether belonging to the state p^'^p^^*^'- 
or to the United States, as in his opinion the conditions demand ; 
such regulations to be operative and in force when promulgated in 
the form of general orders, circulars or letters of instructions. 

Sect. 26. He shall, in time of peace, act as quartermaster-gen- to act as 
eral, commissary^general, paymaster-general, and shall have the genlral'^'eter' 
general charge and supervision of quarters, transportation, sup- Jn time of 
plies, and pay for the militia of the state, and shall, by himself 
or deputies, have charge of the arsenals of the state, and of the 
artillery, arms and munitions of war deposited therein. 

Sect. 27. He shall seasonably furnish the regimental paymasters Tofumisii 
with funds to pay the claims duly allowed in the regiments, but regimental 
no regimental paymaster shall receive such funds or other public p'*^™^^**'''^- . 
property until he has deposited in the office of the adjutant-general 
a bond to the state, with sufficient sureties, to be approved by the 
adjutant-general, conditioned for the faithful appropriation of 
all funds or other public property which may come to his hands 
for the use or on account of the militia. 

Sect. 28. He shall record in suitable books to be provided at the Records, how 
expense of the state, and to be kept in a fire-proof safe, all original ^''^^■ 
discharges, final statements, certificates of merit, brevets, or other 
original papers or documents belonging to or in any way affecting 
the military or naval record or claim for service of any officer, 
soldier, or seaman of this state who at any time served in the army 
or navy of the United States during any war, insurrection or 
rebellion, which may be brought to him for that purpose. 

Sect. 29. He shall carefully examine into the genuineness and index and 
authenticity of all papere so recorded, and make an exact and ''°p'''^- 
attested record, at the request of the parties interested, of such 
papers as he deems genuine and authentic, and properly index the 



414 



Chapter 102. 



1909 



Fraudulent 
papers for 
record, pen- 
alty. 



Abstracts of 
records. 



To care for 

military 

property. 



To care for 
arms, etc., is- 
sued to state. 



To return 
equipments to 
United States 
Armv. 



same, and shall furnish certified copies of such record to persons 
interested therein. 

Sect. 30. Any person who shall make or cause to be made any- 
false, fraudulent, or forged papers to be presented for such record, 
or who shall present or cause to be presented for such record any 
false, fraudulent, or forged papers, knowing them to be such, shall 
be deemed guilty of forgery, and be imprisoned not exceeding seven 
years. 

Sect. 31. lie is authorized to prepare abstracts from the records 
of his office for the use of any person actually engaged in the 
preparation of 'histories of military organizations or the military 
history of towns in this state. For such clerical assistance as may 
be necessary to enable him to perform such duties, not exceeding 
two hundred dollars in any j^ear, he shall be paid out of any money 
in the treasury not otherwise appropriated, upon warrant of the 
governor: Provided, the preparation of such histories shall have 
been authorized by vote of the town or veteran association to which 
the}' particularly relate. 

Sect. 32. He shall attend to the care, preservation, safe-keeping, 
and repairing of the arms, ordnance, accouterments, equipments, 
and all other military property belonging to the state, or i.ssued 
to the state by the government of the United States for the purpose 
of arming and equipping the organized militia. All military 
property of the state which, after a proper inspection, shall be 
found unsuitable for the use of the state, shall, under the direction 
of the governor, be disposed of by the adjutant-general at public 
auction after suitable advertisement of the sale, daily for ten 
days, in at least one newspaper published in the city or county 
w'here the sale is to take place; or the same may be sold at private 
sale when so ordered hy the governor. lie shall bid in the property 
or suspend the sale whenever, in his opinion, better prices may or 
should be obtained. He shall, from time tp time, render to the 
governor a just and true account of the sales made by him, and 
shall expend the proceeds of the same in the purchase of other 
military property, as the governor may direct. 

Sect. 33. He shall be responsible for all the arms, ordnance, 
accouterments, equipments, and other military property which 
may be i.ssued to the state by the secretary of war in compliance 
with law; and it shall thereafter be his duty to prepare returns 
of said arms and other property of the United States at the times 
and in the manner requested by the secretary of war. 

Sect. 34. He shall, upon the order of the governor, turn in to 
the ordnance department of the United States Army the rifles, 
carbines, bayonets, bayonet scabbards, gun slings, belts, and such 
other necessary accouterments and equipments, the property of 



1909] 



Chapter 102. 



415 



the United States and now in the possession of the state, which 
may be rephiced, from time to time, by new arms, eqnipments, 
etc!, sent hy the United States in substitution therefor, and cause 
the same to be shipped, under instructions from the secretary of 
war, to the designated arsenal or depot at the expense of the United 
States. And wlien the New Hampshire National Guard shall be 
fully armed and equipped with standard service magazine arms, 
and the standard equipment and accouterment of the United States 
Army, he shall cause all the remaining arms, equipments, etc., the 
property of the United States and in the possession of the state, 
to be transferred and shipped as above directed. 

Sect. 35'. He shall deliver from the arsenals suitable camp 
equipage, tents, and utensils for use of a regiment or brigade, 
when a regimental or brigade encampment is ordered, and after 
such encampment receive and carefully keep the same for the use 
of troops next ordered into camp ; and if such equipage is not in 
the arsenals at the time of such encampment being ordered by 
the eommander-in-chief. he shall, under the direction of the gov- 
ernor, purchase or provide such camp equipage, tents, and utensils 
as may be required, and the governor is authorized to draw his 
warrant for the necessary cost or expense. All sums which have 
been or may hereafter be received by the adjutant-general for 
military property lost or destroyed, or condemned and sold by 
authority of the commander-in-chief, shall be applied to the use 
of the New Hampshire National Guard by the adjutant-general, 
and shall be accounted for by him to the governor and council. 

Sect. 36. He shall sue for forfeiture and damages on account 
of injuries to gun-hoiLses, armories, and public military property, 
and such sums so collected shall be paid into the state treasury, 
and shall be credited to the account of the New Hampshire National 
Guard. 

Sect. 37. He shall keep a just and true account of all expenses 
necessarily incurred, including pay of officers and enlisted men, 
subsistence of militia, transportation of militia, and of all military 
property of the state, and such expenses shall be audited and paid 
in the same manner as other military accounts are audited and 
paid. 

Sect. 38. He shall issue such military property as the governor 
shall direct, and under his direction make purchases for that pur- 
pose. No military property shall be issued to persons or organiza- 
tions other than those belonging to the active militia, except to such 
portions of the reserve militia as may be called out by the governor. 
Sect. 39. Purchases of joroperty not exceeding $100 in value 
shall be made in such manner as the adjutant-general shall direct. 
If such purchase requires an expenditure exceeding $100 and not 



To issue camp 
equipage. 



To sue for 
forfeitures 
and account 
for moneys. 



Expense ac- 
counts. 



To purchase 
and issue mili- 
tary property. 



Purchases 
upon written 
proposals. 



416 



Chapter 102. 



1909 



Purchases up- 
on advertised 
proposals. 



Contracts of 
purchase. 



Inspection of 
property pur- 
chased. 



Purchases in 
ease of inva- 
sion, etc. 



Disposition of 
clothing, etc. 



To supervise 
armories, etc. 



exceeding $500, the adjutant-general shall procure written propo- 
sals to furnish such property from at least two parties, and shall 
purchase such property from the lowest responsible bidder. 

Sect. 40. If such purchase shall require the expenditure of a 
sum exceeding $500 he shall publicly advertise, for not less than 
ten days, for sealed proposals for furnishing such property ; such 
proposals shall be publicly opened by the adjutant-general at the 
place, day, and hour designated in such advertisement. 

Sect. 41. The adjutant-general shall, if the governor approve, 
make contract with the lowest responsible bidder to furnish such 
property. All proposals and contracts made under the authority 
hereby conferred shall be filed in the office of the adjutant-general. 
The adjutant-general is authorized and directed, whenever, in his 
opinion, it shall be to the interest of the state, to require a party 
who shall agree or contract to furnish such property to give bond 
to the state in such sum and with such surety as he shall direct, 
conditioned for the faithful performance of such agreement or 
contract. In case of default such bond shall be prosecuted by 
the attorney-general, and all moneys recovered shall be applied 
by the adjutant-general to the benefit of the New Hampshire 
National Gruard. 

Sect. 42. All property purchased under the authority hereby 
granted shall be inspected by an inspector or an officer designated 
for that purpose by the governor, and no payment shall be made 
therefor until it shall appear by the certificate of such officer that 
such property is of the kind and quality specified in such agreement 
or contract. 

Sect. 43. In case of insurrection, invasion, tumult, riot, breaches 
of the peace or imminent danger thereof, the governor may tem- 
porarily suspend the operation of this paragraph, and direct the 
adjutant-general to purchase such military property as may be 
required in open market. He shall report such action, with the 
reasons therefor, and a statement of the property purchased and 
the prices paid therefor, to the legislature at its next session. 

Sect. 44. He shall include in his annual report to the governor 
a statement in detail sliowing the disposition of all clothing, 
ordnance, arms, ammunition, and other military property on hand 
or issued. 

Sect. 45. He shall have supervision and control of all armories, 
gun-houses, and battalion, regimental, and brigade headquarters, 
so far as is necessary for securing and protecting public property 
kept therein ; and all gun-houses owned by the state shall be in 
his charge for the purpose of preservation and repair. With the 
con.sent of the governor and council he may sell and convey any 
gun-houses and lots, and pay the proceeds into the state treasury. 



1909] Chapter 102. 417 

to be credited to the account of tlie New Hampshire National 
Guard. Whenever armories erected or provided by state funds 
for the use of the National Guard are desired for other than 
military purposes the adjutant-general, with the consent of the 
governor, may rent such armories, and the rentals shall .be applied 
towards the maintenance and equipment of such armories ; provided 
that armories shall not be rented or devoted to other uses that will 
conflict with the regular schedule of drills and other military 
functions required by the military department of the state. Funds 
accruing from rentals of armories, shall be held by the adjutant- 
general, for the purposes named, and shall not be considered as 
part or portiou of the regular approi^riation for the National 
Guard. 

AUDIT AND PAYMENT OF ACCOUNTS. 

Sect. 46. No officer of the militia shall incur any expenses Emergency 
Whatsoever to be paid by the state, except such as are authorized ^^^'^ 
in this chapter, without first obtaining the authority of the gov- 
ernor; in extreme emergencies, however the commanding officer 
of any organization or detachment of the active militia may make 
purchases of such necessities as are absolutely required for the 
immediate use and care of his command; a report of such action, 
containing a statement of the articles purchased and the price 
thereof, must be made forthwith through the proper channel to 
the adjutant-general. The governor and council shall audit all 
accounts for property purchased by the adjutant-general. All 
other military accounts payable by the state shall be audited by 
the adjutant-general. Military accounts thus audited shall be paid 
by the treasurer of the state from the proper appropriation made 
by the legislature, upon the warrant of the governor. 

ACTIVE MILITIA — HOW ORGANIZED. 

Sect. 47. The New Hampshire National Guard shall consist of a Departments 
brigadier-general, an adjutant-general's department, an inspector- guS!°°*^ 
general's department, a judge-advocate general's department, a 
quartermaster's department, a subsistence department, a medical 
department, a pay department, an ordnance department, a signal 
corps, the existing military organizations and such others as may 
be organized hereafter, and such persons as may be enlisted or 
commissioned therein. 

Sect. 48. There shall be one brigade under the command of a Organization; 
brigadier-general, consisting of two regiments of infantry of twelve fMrgrniz™"*^ 
companies each, one troop of cavalry, and one field battery, but the 
governor shall have power to abolish the brigade form of organiza- 



418 



Chapter 102. 



1909 



Increase of 
force in case 
of war, etc. 



Organization 
in time of 
p«ace. 



tion and brig-acle officers, alter, divide, annex, consolidate, disband, 
or reorganize brigades, regiments, battalions, squadrons, troops, 
batteries and signal corps, and create new organizations and the 
necessary officers thereof whenever, in his judgment, the efficiency 
of the state forces will be thereby increased, and he shall at any 
time have power to change the organization of brigades, regiments, 
battalions, squadrons, troops, batteries, companies, and signal corps 
so as to conform to any organization, system of drill, or instruction 
now or hereafter adopted for the army of the United States, and 
for that purpose the number of officers and non-commissioned 
officers of any grade in brigades, regiments, battalions, squadrons, 
troops, batteries, companies and signal corps may be increased or 
decreased to the extent made necessary by the new positions thus 
created or the old positions thus abolished. All provisions of this 
act relative to the organization of the active militia shall be subject 
to the power of reorganization conferred upon the governor by 
this section. 

Sect. 49. The governor shall have power, in case of war, insur- 
rection, invasion, or imminent danger thereof, to increase the force 
be^-ond the maximum now established by law, and to organize the 
same, with the proper officers, as the exigencies of the service may 
require. 

Sect. 50. In time of peace the military units of the New Hamp- 
shire National Guard shall be composed and organized as follows: 

Infantry : 

A company of infantry shall consist of: 
1 captain, 
1 first lieutenant, 
1 second lieutenant, 
1 first sergeant, 

1 quartermaster sergeant, 
4 sergeants, 

6 corporals, 

2 cooks, 

2 musicians, 
42 privates. 

'The minimum enlisted strength of a company shall be fifty- 
eight. The maximum enlisted strength shall be sixty-six. 
A battalion of infantry shall consist of: 
1 major, 

1 battalion adjutant (first lieutenant), 
1 battalion quartermaster and commissary (second lieu- 
tenant), 
1 battalion sergeant-major, 
4 companies. 



1909] . Chapter 102. • 419 

The minimum enlisted strength shall be two hundred and thirty- 
three. 

A regiment of infantry shall consist of: 
1 colonel, 

1 lieutenant-colonel, 
1 adjutant (captain), 
1 quartermaster (captain), 
1 commissary (captain), 
1 chaplain, 

1 sergeant-major, regimental, 
1 quartermaster sergeant, 

1 commissary sergeant, 

2 color sergeants, 

1 band of 28, total enlisted, 

3 battalions. 

The minimum enlisted strength shall be seven hundred and 
thirty-two. 

Cavalry : 

A troop of cavalry shall consist of : 
1 captain, 
1 first lieutenant, 
1 second lieutenant, 
1 first sergeant, 

1 quartermaster sergeant, 

4 sergeants, 
6 corporals, 

2 cooks, 

2 farriers and 'blacksmiths, 

1 saddler, 

2 trumpeters, 
39 privates. 

Its minimum enlisted strength shall be fifty-eight, and its maxi- 
mum enlisted strength shall be sixty-six. 

Field artillery : 

A battery shall consist of: 

1 captain, 

2 first lieutenants, 

2 second lieutenants, 
1 first sergeant, 

1 quartermaster sergeant, 
1 stable sergeant, 
6 sergeants, 
12 corporals, 

3 cooks, 



420 Chapter 102. [1909 

1 chief mechanic, 
4 mechanics, 

2 musicians, 
102 privates. 

The minimum enlisted strength shall be one hundred and thirty- 
three, and the maximum enlisted strength shall be one hundred and 
ninety. 

Band : 

An infantry band shall consist of : 
1 chief musician, 
1 principal musician, 
1 drum-major, 
4 sergeants, 
8 corporals, 
1 cook, 
12 privates. 

BRIGADE, REGIMENTAL AND BATTAIJON COMMANDERS AND STAFFS. 

Brigade, regi- Sect. 51. To cach brigade there shall be a brigadier-general^ 
ba^ttaUoif cmn- wliose Staff shall consist of officers detailed from the various depart- 
Safff'"' """"^ ments, as follows : 

One adjutant-general, major, adjutant-general's department; 

One inspector-general, major, inspector-general's department; 

One judge-advocate, major, judge-advocate general's department; 

One quartermaster, major, quartermaster's department; 

One commissary, major, subsistence department; 

One surgeon, major, medical department ; 

One ordnance officer, major, ordnance department. 

In addition to the above, the brigadier-general shall appoint and 
may remove at pleasure two aides-de-camp, with the rank of first 
lieutenant, as his personal statf, and in addition is authorized to 
detail such non-commissioned officers and privates for duty at 
brigade headquarters as may be necessary to act as non-commis- 
sioned staff clerks, orderlies, etc. The staff of a colonel shall 
consist of one adjutant, one commissary, one quartermaster and 
one chaplain, each with the rank of captain, who shall be ap- 
pointed by the colonel and may be removed at his pleasure. The 
staff of a major shall consist of one adjutant with the rank of 
first lieutenant, and one quartermaster and commissary, with the 
rank of second lieutenant, who shall be appointed by the colonel 
and may be removed at his pleasure. 



19091 Chapter 102. 421 



STAFF DEPARTMENTS. 



Sect. 52. There shall be the following departments, consisting staff depart- 



ments. 



of officers of numher and rank hereinafter specified necessary for 
the staff of the brigade and for duty with the several organiza- 
tions of the New Hampshire National Guard, as follows: 

Aa adjutant-general's department, consisting O'f one adjutant- 
general, major-general, who shall be the adjutant-general of the 
state, and one adjutant-general, major: 

An inspector-general's department, consisting of one inspector- 
general, brigadier-general, and one inspector-general, major: 

A judge-advocate general's department, consisting of one judge- 
advocate general, brigadier-general, and one judge-advocate, major : 

A quartermaster's department, consisting of one quartermaster- 
general, brigadier-general, and one quartermaster, major: 

A subsistence department, consisting of one commissary-general, 
brigadier-general, and one commissary, major: 

A medical department, consisting of one surgeon-general, of the 
grade of brigadier-general, three surgeons of the grade of major, 
two assistant surgeons of the grade of captain, four assistant sur- 
geons of the grade of first lieutenant, and the hospital corps : 

A pa^^master's department, the duties of which shall be per- 
formed by the adjutant-general of the state ex officio, and two 
paymasters, captains: 

An ordnance department, consisting of the adjutant-general of 
the state ex officio, acting chief of ordnance, one major, and two 
captains, who shall also act as inspectors of small arms practice: 

A signal corps, which shall be a staff corps, consisting of one 
first lieutenant, one sergeant, and eight privates. 

Sect. 53. Upon the recommendation of the chief of a depart- Additional 
ment, the governor may appoint and commission such additional 
officers not above the rank herein prescribed, as may be necessary 
to properly perform the duties of such department. 

Sect. 54. There shall also be appointed one post quartermaster- Postquarter- 

i , • , -, , master- ser- 

sergeant, one post commissary-sergeant, one ordnance-sergeant, one geant, etc. 
custodian of the state arsenal at Concord, one custodian of the state 
arsenal and gun-house at Portsmouth, and one custodian for each 
of the armories owned by the state. 

Sect. 55. The hospital eovps. shall consist of sergeants first Hospital 
class, sergeants, privates first class, and privates. The minimum ""^^' 
enlisted strength of the hospital corps shall be two sergeants first 
class, five sergeants, thirteen privates first class, and seven privates. 

Sect. 56. Upon recommendation of the chief of the respective Number of 
department, the governor may fix the numher of non-commissioned sToned officers 
officers, privates first class, and privates of the hospital corps, and 



officers. 



422 



Chapter 102. 



[1909 



Inspector- 
general. 



Judge-advo- 
cate general. 



To legally ad- 
vise military 
department. 



Quartermas- 
ter-general ; 
commissary- 
general. 



Surgeon- 
general. 



increase or decrease the number of post non-commissioned staff 
officers. 

Sect. 57. The inspector-general shall make an annual inspection 
of all organizations belonging to the New Hampshire National 
Guard, at such time as the commander-in-chief may order. He 
shall also inspect all armories, books, reports, and military property 
in possession of the organization, and report within thirty days 
of such inspection, the condition thereof. 

Sect. 58. The judge-advocate general is charged with the super- 
vision, care, and management of all things relating to the adminis- 
tration of justice among the military forces of the state. He shall 
diligently scrutimdze and examine the proceedings of all courts 
martial, and report thereon, for the information of the commander- 
in-chief. Under the orders of the commander-in-chief the judge- 
advooate general shall act as judge-advocate at any court martial 
where the public interest shall require his attendance. 

Sect. 59. The judge-advocate general is the legal adviser of the 
military depar'tment upon all legal questions which may arise 
therein ; and to him may be referred for supervision all contracts, 
agreements, or other instruments to be drawn or executed in the 
course of business of this department. It shall be the duty of the 
judge-advocate general to prosecute any bond, the condition of 
which is violated by a neglect or refusal of any officer to report the 
condition of any arms or equipage, or to return the same to any of 
the arsenals of this state as required by law. He shall make a 
detailed report on or before the thirty -first of August annually. 

Sect. 60. The duties of the quartermaster-general and commis- 
sary-general shall be the same as prescrrbed in the regulations of 
the army of the United States relative to these departments, so far 
as applicable and consistent with the laws of this state. The 
commissary-general shall be elected by the legislature, and shall 
be the commissary-general referred to in the constitution. 

Sect. 61. The surgeon-general, subject to the orders of the 
commander-in-chief, shall 'have general supervision and control of 
all matters pertaining to the medical department of the militia, 
and shall prescribe the physical and mental disabilities exempting 
from military duty. He shall, subject to the approval of the com- 
mander-in-chief, purchase and issue all medical and hospital 
supplies, and perform such other duties appertaining to his office 
as the commander-in-chief shall from time to time direct. He shall 
annually, on or before the thirty-first of August, make a detailed 
report of his department. 



1909] Chapter 102. 423 

officers, non-commissioned officers, and examining boards, how 

appointed. 

Sect. 62. The grovernor, with the advice of the council, shall officers, how 

° appomted. 

appoint and commission the general, field, and department stall 
officers, with the exception of the commissary-general, w^ho shall 
first be elected by the legislature as hereinbefore provided. The 
line officers nominated as prescribed in the constitution shall be 
commissioned by the governor; and all commissions of general, 
field, department staff and line officers shall be for the term of 
five years, and officers re-commissioned to the same grade without 
interval shall hold rank from the date of the first commission. 

Sect. 63. Commissioned officers shall take rank according to the Rank of 
date of their commissions. Between officers of the same grade and 
dat-e of appointment, the relative rank shall be determined by lot. 
The day of the appointment of an officer shall be expressed in his 
commission, and considered as the date thereof. When an officer is 
continued by appointment from one office to another, or appointed 
or transferred by appointment from one organization to another 
in the militia without loss of grade accordingly, the date of his 
original commission therein, and a statement showing that date, 
shall be made in his new" commission. 

Sect. 64. Whenever any department or staff office shall be Assignment 
vacant, the duties of such office may be assigned to an officer v'^cancy! 
already in commission, or a detail made therefor until such time 
as the vacancy shall be filled. 

Sect. 65. The officers shall be commissioned by the commander- officers, how 
in-chief according to the respective offices and grades to which they commissioned, 
have been nominated. 

Sect. 66. The commander-in-chief may appoint an examining Examining 
board to consi.st of three officers, one of whom shall be a medical pofnfment 
officer, to inquire into the qualifications of all persons recommended ^■^^ duties, 
or proposed for nomination or appointment as general, field, depart- 
ment, or staff officers of the militia, and captains and subalterns 
in the respective regiments, except officers upon the staff of the 
commander-in-chief, medical officers, and chaplains. Before any 
commission shall i.ssue to any person proposed or recommended for 
nomination or appointment to any such office, the commander-in- 
chief, brigade commander, colonels, and field officers of regiments 
may require the examining board to report concerning the moral 
character, physical qualifications, fitness for service, and general 
knowledge of military affairs of the persons recommended or pro- 
posed for appointment. The commander-in-chief may also appoint 
an examining board to consist of the surgeon-general and two sur- 
geons of the grade of major, to examine into the qualifications of 



424 



Chapter 102. 



1909 



Xon-commis- 
sioned officers, 
how ap- 
pointed. 



Temporary 
vacancies. 



Company with- 
out commis- 
sioned officers. 



Illegal busi- 
ness bar to 
office. 



Brevet-rank ; 
retirement af- 
ter ten jears' 
service. 



all persons recommended or proposed for appointment as medical 
officers. The findings of both of the above boards shall be made in 
duplicate, one copy to be given to the adjutant-general of the state, 
and the other to the officer requesting the services of the board. 

Sect. 67. Non-commissioned officers of the general staff corps, 
non-commissioned staff officers of regiments and unattached bat-* 
talions shall be appointed and warranted by their respective 
permanent eommanders ; and commanders of regiments shall war- 
rant the non-cornmissioned officers of companies upon the written 
nomination of the respective captains. The commanders of the 
troop of cavalr}^ the battery and the signal corps shall appoint 
and warrant their non-eommissioned officers. Permanent com- 
manders of regiments or unattached companies may reduce to the 
ranks any non-commissioned officer of their commands. Company 
non-commissioned officers may be reduced to the ranks by sentence 
of court martial. No enlisted man s-hall be warranted as a non- 
commissioned officer unless he shall have passed a satisfactory 
examination before a board of examiners to be appointed by the 
officer authorized to issue such warrant. To be eligible for appoint- 
ment as sergeant first class of the hospital corps, a candidate must 
be a registered pharmacist. A sergeant of the hospital corps must 
be appointed from the hospital corps. The officer warranting a 
non-commissioned officer shall have power to reduce to the ranks, 
for good and sufficient reasons, the non-commissioned officers named 
in this section ; but such as were enlisted as non-commissioned offi- 
cers shall be discharged. Non-commissioned officers who shall be 
dropped vacate their positions. 

Sect. 68. When the office of brigadier-general, colonel, major, 
or captain is vacant, or such officer is sick or absent, the officer 
next in rank in the brigade, regiment, or company shall exercise his 
command, and have the same powers and be subject to the same 
duties and liabilities. 

Sect. 69. When a company is without commissioned officers, 
the comma'nder of the re^ment to which it is attached shall detail 
some officer of the staff or line in his command to take command 
of and discipline such company until an officer is commissioned 
therefor, and the officer so detailed shall have the powers and be 
subject to the duties and liabilities of the captain of the company. 

Sect. 70. No person shall hold or be commissioned to any office 
in the New Hampshire National Guard who shall be engaged in 
the illegal sale or traffic of spirituous or intoxicating liquoi's, or 
in any other illegitimate business. 

Sect. 71. 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 Plampshire National Guard con- 



1909] Chapter 102. 425 

tinuously for the term of fifteen years, a brevet rank of not 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 tlie New Hampshire National Guard continuously 
for a period of not less than ten years, may, at his own request, 
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. 

RESIGNATION, RETIREMENT, REMOVAL AND DISCHARGE OP OFFICERS. 

Sect. 72. A commissioned officer tendering his resignation be- Resignation 
fore having served five years, if the governor accept it, shall receive 
an honorable discharge ; if he has served five years or more, he 
shall receive a full and honorable discharge; provided he shall not 
be under arrest or returned to a military court for any deficiency 
or delinquency, and provided further he be not indebted to the 
state in any manner, and that all his accounts for money or for 
public property be correct. In computing the time served, service 
as an enlisted man shall be allowed, and the service is not required 
to be continuous. If the governor accept the resignation of an 
officer who at the time shall be under arrest, under charges, or 
returned to a military court for any offense, deficiency, or delin- 
quency, such officer shall then cease to be an officer of the militia, 
and shall receive a discharge in such form as the governor shall 
direct, nor shall he be again eligible to receive a commission unless 
he first re-enlist, as provided in this chapter in the case of enlisted 
men dishonorably discharged, and until he shall have performed at 
least sixty per cent, of duty in each year under such enlistment 
for two successive years. 

Sect. 73. Any officer of the active militia who has reached the Retired ust ; 
age of sixty-four years may be placed upon the retired list by the dlsabrnt^y.^ ^""^ 
governor. Any commissioned officer who shall have served in the 
same grade for the continuous period of ten years, or in the mili- 
tary service of the state as a commissioned officer for fifteen years, 
may, upon his own request, be placed upon the retired list and 
withdrawn from actice service and command by the governor. Any 
commissioned offieer w'ho has become or shall hereafter become 
disabled, and thereby incapable of performing the duties of his 
office, shall be withdrawn from active service and command and 
placed on the retired list. Any commissioned officer who has be- 
come, or who shall hereafter become unfit or incompetent, and 
thereby incapable of performing the duties of his office, shall be 
discharged upon the recommendation of his commanding officer or 



426 Chapter 102. [1909 

the recommendation of an inspecting officer. Such retirement or 
discharge shall be by order of the governor, and, in either ca.se, 
shall be subject to the provisions of this section. Before making 
such order, a board of not less than five commissioned officers, one 
of whom shall be a surgeon, shall be appointed, whose duty it shall 
be to determine the facts as to the nature and cause of incapacity 
of such officer as appears disabled or unfit, or incompetent, from 
any cause, to perform military service, and whose case shall be 
referred to it. No officer whose grade or promotion would be 
affected by the decision of such board, in any case that may come 
before it, shall participate in the examination or decision of the 
board in such case. Such board is hereby invested with the powers 
of courts of inquiry and courts martial, and whenever it finds an 
officer incapacitated for active ser\ace, shall report such fact to the 
governor, stating cause of incapacity, whether from disability, un- 
fitness, or incompetency, and if he approves such finding, such 
officer shall be placed on the retired list or discharged, as provided 
in this chapter. The members of the board shall, before entering 
upon the discharge of their duties, be sworn to an honest and 
impartial performance of their duties as members of such board. 
No officer shall be placed upon the retired list or discharged by 
the action of such board without having had a fair and full hearing 

before the board, if upon due notice he shall demand it. It shall 

not be necessary to refer any case for the action of such board 
aris-ing under this section, unless the officer designated to be placed 
upon the retired list or discharged shall, within twenty days after 
being notified that he will be so retired or discharged, serve on the 
adjutant-general a notice in writing that he demands a hearing 
and examination before such board. Boards for the New Hamp- 
shire National Guard shall be appointed by the governor for all 
officei*s. The governor may withdraw from active service and com- 
mand and place upon the retired list any officer who has been 
twenty-five years in the active service of the New Hampshire 
National Guard, on the recommendation of the commanding officer 
of his organization and the commanding officer of the New Hamp- 
shire National Guard. Vacancies created by the operation of this 
section shall be filled in the same manner as other vacancies. 
Examination Sect. 74. The govcmor may, whenever he may deem that the 

good of the service requires it, order any commissioned officer 
before a board of examination, to consist of not less than three 
nor more than five general or field officers, which is hereby invested 
with the powers o courts of inquiry and courts martial, and such 
board shall examine into the moral character, capacity, and general 
fitness for tihe service of such oommissioned officer, and record and 
return the testimony taken and a record of its proceedings. If the 



1909] 



Chapter 102. 



427 



findings of such board be unfavorable to such officer and be ap- 
proved by the governor, he shall be discharged from the service. 
Xo officer whose grade or promotion would in any way be affected 
by the decision of 'such board, in any case that may come before it, 
shall participate in the exiamination or decision of the board in 
such ease. Failure to appear when ordered before a board con- 
stituted under this section shall be sufficient ground for a finding 
by such board that the officer ordered to appear be discharged. 

Sect. 75. An officer who shall have been absent without leave for 
a period of thirty days or more may be dismissed by the governor. 

Sect. 76. A commissioned officer can not be removed from office 
without his consent, except by address of both houses to the gov- 
ernor, the sentence of a general court martial, or as provided in this 
chapter. 



Dismissal for 
absence. 

Officei's, how 
removed. 



enlisted men op the n.vtional guard. 



Sect. 77. Any man who is a citizen of the United States or has 
declared his intention to become a citizen, if more than 18 and 
less than 45 years of age, able-bodied, free from disease, of 
good character and temperate habits, may be enlisted in the New 
Hampshire National Guard, under the restrictions of this chapter, 
for a term of not less than three years; except that men may be 
enlisted as musicians if more than 16 j^ears of age. 

Sect. 78. No minor shall be enlisted without the written consent 
of his parent or guardian. A ni'an who has been expelled or dis- 
honorably discharged from any military organization of the state 
or the United States shall not be eligible for enlistment or re-en- 
listment unless he produces the written consent to such enlistment 
of the commanding officer of the organization from which he was 
expelled or dishonorably discharged, and of the commanding officer 
who approved such expulsion, or issued such dishonorable discharge. 

Sect. 79. Men who have been discharged by reason of disband- 
ment may be enlisted and shall then receive credit for the period 
served at the time of such disbandment. A man discharged for 
physical disability shall, if such disability cease, and he again 
enlists, receive credit for the period served prior to such discharge. 

Sect. 80. Chief musicians, principal musicians, drum-majors, 
musicians, and members of the hospital corps may be enlisted as 
such. 

Sect. 81. No man shall be enlisted, and no officer or man shall 
receive any uniform, allowance, pay, or compensation, until he has 
been examined by the proper medical officers, and has been certified 
to be able-bodied and capable of doing military duty. Such exam- 
ination shall be the standard medical examination prescribed for 
the regular armv of the United States. 



Who may be 
enlisted. 



Enlistment of 
minors, etc. 



Re-enlistment 
after dis- 
bandment. 



Enlistment of 
musicians, etc. 



Medical ex- 
amination. 



428 



Chapter 102. 



1909 



Medical ex- 
aminers of 
recruits. 



Re-enlist- 
ments. 



Enlistment 
oath. 



Transfers. 



Companies, 
etc., how 
raised. 



Order for 
raising. 



Date of 

organization. 



Sect. 82. The commauder-in-ehief may at his discretion appoint 
in each town or city where military eompanies^are located, a prac- 
ticing physician who shall be a graduate of some incorporated 
school of medicine, who shall make the medical examination of 
recruits required by the above section, and who shall receive as 
compensation the sum of fifty cents for each examination made. 
The p'hysician 'appointed under this section shall furnish captains 
with a certificate of each examination made, and shall forward to 
the adjutant-general, through the proper military channel, monthly 
a report of all examinations. 

Sect. 83. Any man who has served the period of his original 
enlistment may be re-enlisted for the term of three years. No man 
above the age of 45 years shall be re-enlisted except by permis- 
sion of the commanding officer of the brigade to which the organ- 
ization is attached. A man applying for re-enlistment must pass 
the physical examination prescribed for original enlistment. 

Sect. 84. Every person who enlists or re-enlists shall sign and 
make oath to an enlistment paper which shall contain an oath of 
allegiance to the state and the United States, and be in such form 
as may be prescribed in the regulatious issued under this chapter. 
Such oath shall be taken and subscribed to before a field officer, 
department officer, or the commanding officer of a signal corps, 
troop, battery, or company, who are hereby authorized to administer 
such oath. A person making a false oath as to any statement con- 
tained in such enlistment paper shall, upon conviction, be deemed 
guilty of perjury. 

Sect. 85. No soldier shall be transferred from one company to 
another, or from one arm of service to another, except by order of 
the commander-in-chief. 

Sect. 86. Troops of cavalry, batteries of light artillery, and 
companies Oif infantry shall be raised, on petition to the commander- 
in-chief or by his order. 

Sect. 87. W.hen 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 i.ssued, and the adjutant-general, on application therefor, 
shall furnish the petitioners with a descriptive book and enlistment 
papers. 

Sect. 88. The date of the organization shall be the date of the 
meeting first held under an order for the nomination of its officers. 
The organization shall be designated by alphabetical lettei-s, and 
have seniority according to the dates of the commissions of the com- 
manding officers. As soon as any organization is perfected in ac- 
cordance with the provisions of this chapter the commanding 



1909] Chapter 102. 429 

officer, after having copied the enlistment papers of the company \p. 
the descriptive book, shall forward them at once to the adjutant- 
general. 

Sect. 89. The colonel of each regiment may raise by enlistment Enlistment of 
a band not exceeding twenty-eight musicians, as hereinbefore pro- 
vided, and may issue his warrant to the same; provided, that the 
members of such band shall furnish their own instruments. 

RETIREMENT. 

Sect. 90. The governor may appoint enlisted men and commis- Retirement of 
sion them, without examination, second lieutenants by brevet, upon with brevet 
the recommendation of their respective commanding officers, and *'''"^" 
place them upon the retired list at the same time, provided they 
have well and faithfully served the state in the New Hampshire 
National Guard for a period of twenty-five years. 

DISCHARGES. 

Sect. 91. An enlisted man shall be entitled to receive : 1. A full Discharges of 
and honorable discharge. 2. An honorable discharge. 3. A dis- 
charge. 4. A dishonorable discharge. All discharges shall be 
granted by the commander-in-chief. 

Sect. 92. A full and honorable discharge shall be granted to the fuu and 
following: An enlisted man who shall have performed in each year discharge, 
at least sixty per cent, of the duty his signal corps, troop, battery, 
•company, or battalion not part of a regiment, or regiment 'has been 
required by law and orders to perform during his term of enlist- 
ment or re-enlistment, or during his total service in ease the same 
has been extended beyond the term for which he enlisted. An en- 
listed man who fails to perform sixt}- per cent, of duty during any 
year of his service may continue in service at the option of his com- 
mandii]g officer, and make up such deficiency. 

Sect. 93. An honorable discharge shall be granted to the fol- Honorable 
lowdng; provided they be not entitled to a full and honorable dis- ^^'^'^^^'■se- 
charge: 1. An enlisted man upon his own application, approved 
by the commanding officer of his company and by superior com- 
manders ; 2. An enlisted man upon disability, established by cer- 
tificate of a medical officer; 3. An enlisted man who by the re- 
duction of his regiment or battalion has become surplus, or whose 
signal corps, troop, battery, or company shall be disbanded ; 4. An 
enlisted man upon removal of residence from the state, or out of 
the limits of the command to which he belongs, to so great a dis- 
tance that, in the opinion of his commanding officer, he can not 
properly perform his military duty; 5. An enlisted man to accept 
promotion by commission ; 6. An enlisted man who has served the 



430 



Chapter 102. 



[1909 



Discharge. 



Dishonorable 
discharge. 



Application 
for discharge. 



term of his enlistment or re-enlisted and is not entitled to a full and 
honorable discharge. 

Sect. 9-4. A discharge shall be granted to the following: An 
enlisted man or non-commissioned officer for the best interest of 
the service, whenever, in the opinion of the commander-in-chief, the 
interest of the service demands such discharge. When non-com- 
missioned officers are to be discharged they shall first be reduced 
to the ranks. 

Sect. 95. A dishonorable discharge shall be given to the follow- 
ing: 1. An enlisted man fined by any military court, who shall 
neglect or refuse to pay such fine within thirty days after it was 
imposed ; 2. An enlisted man whose immediate commander ap- 
plies to have him discharged for the good of the service, after giving 
him ten days' notice of such application, and an opportunity to be 
heard in defense of his conduct ; 3. An enlisted man pursuant of 
the sentence of a court martial ; 4. An enlisted man upon con- 
viction of felony in a civil court. When non-commissioned officers 
are to be dishonorably discharged they shall first be reduced to the 
ranks. 

Sect. 96. An enlisted man who continues in service after the 
expiration of his term of enlistment or re-enlistment shall, in case 
he desires a discharge, give thirty days' written notice of applica- 
tion therefor to the officer authorized to grant the same, and such 
offieer may, in his discretion, grant such discharge forthwith, or 
hold the same until the expiration of thirty days. Every enlisted 
man shall continue to be held to duty, retain his rank, and be eligi- 
ble to promotion after the expiration of his term of enlistment or 
re-enlistment, so long as he, or the commanding officer of his com- 
pany, omits to apply for his discharge. 



responsibility for efficiency. 



Commanding 
officer re- 
sponsible. 



Sect. 97. The offieer commanding the New Hampshire National 
Guard shall be responsible to the governor for the general efficiency 
of the New Hampshire National Guard, and for the drill, instruc- 
tion, inspection, small-arms and artillery practice, movements, oper- 
ations, and care of the troops. Commanding officers of organiza- 
tions shall be responsible to their immediate commanders for the 
equipment, drill, instruction, movements, and efficiency of their 
respective commands. All commissioned officers and enlisted men 
shall be responsible to their immediate commanding officers for 
prompt and unhesitating obedience, proper drill, and the preser- 
vation and proper use of the property of the state or organization 
in their possession. 



1909] . Chapter 102. 431 

drills and parades. 
Sect. 98. Officers and enlisted men shall assemble for and Drills, pa- 

,, , . . , 1 J.J. T • rades, and 

undergo drill and instruction at company, troop, battalion, or regi- inspections, 
mental armories or rendezvous, or for target practice, not less than 
twenty-four times during each calendar year preceding the annual 
allotment of funds under section 1661, Kevised Statutes of the 
United States, as amended. During the same period there shall be 
at least one inspection of all officers and enlisted men by an officer 
of the National Guard or by an officer of the regular army of the 
United States, at such times and in such manner as the governor 
may direct. In addition to such drills and parades, the command- 
ing officer of any organization may require the officers and en- 
listed men of his command to meet for parade, drill or instruction 
at such times and places as he may appoint. 

Sect. 99. Each troop, batterv, or companv, not especially excused Practice 
by the governor, will be required to participate for at least five 
consecutive days annually in practice marches or camps of instruc- 
tion, under such regulations as the governor may prescribe, and 
under such instructors as he may appoint. 

Sect. 100. The officer commanding the troops to be encamped Land for 
may contract for the use of the land required for the camp of in- 
struction or practice march, at a reasonable rent. 

Sect. 101. Upon petition of the owner of the land so occupied Damages, ho^sr 

'^ ^ assessed. 

to the county commissioners, they shall assess the damages occa- 
sioned by such occupation, and make return thereof to the adjutant- 
general ; and the amount so assessed, with costs, shall be paid from 
the state treasury. 

Sect. 102. If the owner is dissatisfied with the damages assessed, Appeal from 
he may apply by petition to the superior court at the next trial 
term thereof in the county where the land lies, for an assessment 
of his damages by a jury ; and like proceedings shall be had thereon, 
so far as the same are applicable, as in the case of damages for land 
taken for a highway. 

Sect. 103. There shall be such competitions in rifle practice Rifle practice. 
during each season, and such buttons, badges, bars, and trophies, 
awarded to officers, men, and organizations qualifying in the sev- 
eral classes, or winning the same, as the commander-in-chief may 
direct. 

RIOTS AND INSURRECTIONS. 

Sect. 104. AA^ien there is in any county, city, or town, a tumult, Miiitia ordered- 
riot, mob, or a body of men acting together with force, with attempt riot, etc. 
to commit a felony, or to offer violence to persons or property, or 
by force and violence to break and resist the laws of the state or of 



432 



Chapter 102. 



[1909 



Dutv of officer 

receiving 

order. 



Orders of civil 
officer to be 
obeyed. 



the United States, or when sueh tumult, riot, or mob is threatened, 
and the fact is made to appear to the commander-in-chief by the 
mayor of a city, selectmen of a town, or sheriff of a county, the 
commander-in-chief shall issue his order to any commander of a 
brigade, regiment, or company, directing him to order his com- 
mand, or a part thereof, describing the kind and number of troops, 
to appear at the time and place therein specified, to aid the civil 
authorities in suppressing such violence and supporting the laws. 

Sect. 105. The officer to whom the order of the commander-in- 
chief is directed shall forthwith order the troops therein mentioned 
to parade at the time and place appointed, and shall immediately 
notify the commander-in-chief of receipt of such order. 

Sect. 106. When an armed force is called out for the purpose 
of suppressing an unlawful or riotous assembly, it must obey the 
orders in relation thereto of the civil officer ealling it out, and 
render the required aid. The orders of the civil officer may extend 
to a direction of the general or specific object to be accomplished 
and the duration of service by the active militia, but the tactical 
direction of the troops, the kind and extent of force to be iLsed, and 
the particular means to be employed to accomplish the object speci- 
fied by the civil officers are left solely to the officers of the active 
militia. 



WARNINGS. 



To whom 
issued. 



How delivered. 



Sect. 107. When a company is to be paraded for encampment or 
inspection, the commander shall issue his orders to one or more of 
the non-commissioned officers, not exceeding two, of his company, 
requiring them to warn the officers and enlisted men whose names 
are inserted or annexed to the order to appear at the time and 
place appointed to parade ; except that in case of tumult, riot, in- 
vasion, or insurrection the commander shall issue his orders to one 
or more non-commissioned officers, as he may deem sufficient, and 
the reading of such order in the presence of the persons to be 
warned by said non-commissioned officer shall be deemed sufficient 
notice thereof. 

Sect. 108. Such non-commissioned officers shall warn every per- 
son whose name is so inserted, except as provided in the preceding 
section, by delivering to him in person, or mailing to his last known 
address, or leaving at his ahode, the written order at least four days 
previous to the time of parade. They shall receive one dollar each 
for making such service. T'he non-commissioned officers, delivering 
sueh warnings shall, at least four days previous to such parade, 
make a return thereof containing the names of the persons warned 
and the time, place, and manner of warning. 



1909] Chapter 102. 433; 

Sect 109. Wihen a regimental band is wanted tor duty, the Regimental 

„,. i-i-iii • band, how 

eommanding officer of the regiment to which it belongs may issue warned, 
his warrant, or cause it to be issued through his adjutant, directed 
to the principal musician or sergeant or any member of the band, 
directing them to warn the members thereof to appear for duty at a 
time and place therein mentioned. 

Sect. 110. If an officer or enlisted man is confined to his house Excuse for 

. , iiiin-appear- 

by sickness at the time of any parade or encampment, or is absent auce. 
from town at tlie time he is warned, and remains absent until after 
such parade or encampment, or has any other reasonable excuse, 
the commander may excuse 'him for non-appearance. 

Sect. 111. No excuse shall be received unless the same is made Excuse to be 

... T p in writing. 

in writing and filed with the first sergeant within ten days alter 
such parade or encampment, unless it is proved that by reason of 
continued sickness or absence such officer or soldier was unable 
to make the same within that time, and that it was made imme- 
diately upon his return or recovery. 

ABSENCE OF OFFICERS AND ENLISTED MEN, AND PENALTIES. 

Sect. 112. No officer shall absent himself from his command for Leave of 
a period exceeding twenty days, without first obtaining a leave of officers. 
absence from the commander-in-chief. 

Sect. 113. An officer or enlisted man who neglects duty after Fine for 
due notice to appear at any parade, inspection, or encampment, or 
who is at any time absent from his company before it is dismissed, 
without leave from the commanding officer, shall be fined three 
dollars for each day's absence. 

Sect. 114. An enlisted man absenting himself from all drills Absence, when 
and parades of his company for a period of three months may be sertTon. 
dropped from the rolls as a deserter upon recommendation of bis 
commanding officer through proper channels to the commander- 
in-chief, and the names of men so dropped shall be published 
quarterly in general orders by the adjutant-general. 

Sect. 115. An officer or soldier who after due notice neglects to Refusal to 
obey any legal order to turn out and march for the suppression HoTpenrrty." 
of a riot, or in case of an invasion or threatened invasion, or to 
enforce the execution of the laws of the state or of the United 
States, or who when out refuses to obey the command of his 
superior officer, shall be fined not more than five hundred dollars, 
or imprisoned not more tihan two years, or both, as the court 
martial may adjudge. And any person or persons attempting to 
persuade an officer or soldier to refuse or neglect to appear at 
such time or place to obey such order, shall upon conviction forfeit 
two hundred dollars, or be imprisoned not exceeding six months, 
or both. 



434 



Chapter 102. 



[1909 



Non-appear- 
ance of officer 
at instruction 
meeting, 
penalty. 



Exemption 
from duty on 
election days. 



Court martial 
for absence. 



Fines, collec- 
tion of. 



Sect. 116. Any officer failing to appear at meeting.s of instruc- 
tion when notified, shall be fined the same as for non-attendance at 
an encampment, but the commanding officer may remit such fine 
when, in his opinion, a sufficient and proper excuse is given within 
ten days after the meeting. Such fines shall be collected and paid 
to the state treasurer as in other cases for collection of fines, and 
credited by him to the account of the New Hampshire National 
Guard. 

Sect. 117. No officer or soldier shall be holden to perform mili- 
tary duty, — except in case of invasion, insurrection, riot, or tumult 
made or threatened, or in obedience to the orders of the com- 
mander-in-chief — on a day appointed for a meeting, in the town in 
which he resides, for the election of governor, senator, or electors 
of president and vice-president of the United States, or representa- 
tive to congress or the legislature ; and the officer parading his 
company, or wilfully ordering it to parade in opposition to the 
provisions of this section, shall 'be liable to court martial. 

Sect. 118. Every officer or enlisted man ordered out for duty, 
who does not appear at the time or place designated by proper 
authority, or does not furnish a reasonable excuse for such non- 
appearance, shall be liable to such punishment as a general court 
martial may upon conviction determine. 

Sect. 119. All fines and penalties provided for in this chapter 
may be collected by complaint and indictment in the civil courts. 
and the procedure shall be the same as in all misdemeanors or 
crimes, except when otherwise provided in this chapter. 



discipline and exercise. 



To conform to 
that of United 
States Army. 



Sect. 120. The system of diseipline and exercise of the New 
Hampshire National Guard shall conform generally to that of 
the army of the United States as it is now or may hereafter be 
prescribed by the president, and to the provisions of the laws of 
the United States, except as otherwise provided in this chapter. 



military courts. 



Classification. 



Courts martial 
governed by 
articles of war. 



Sect. 121. The military courts of this state shall be: 1. General 
courts miartial, 2. Garrison courts martial, 3. The siummary court, 
4. Courts of inquiry, 5. Delinquency courts, which are of two 
kinds: (1) For officers, (2) For enlisted men. 

Sect. 122. The consititution and jurisdiction of courts martial; 
the form and manner in which the proceedings of military courts 
shall be conducted and recorded, and the forms of oatlis and af- 
firmations taken in the administration of military law by such 
courts, the limits of punishment and the proceedings in revision 



1909] Chapter 102. 435 

shsM. be governed 'by lihe artdciles of war and t'he law and pro- 
cedure of tihe courts martial of the United States, except as other- 
wise provided in this chapter. 

Sect. 123. Any officer or enlisted man who neglects or refuses to Courts mar- 
perform the duties of his office, or to obey the orders of his subjj^tto. 
superioi-s, or is guilty of any breach of the laws or regulations 
governing the military forces of the state, or is guilty of conduct 
unbecoming an officer, soldier, or gentleman, shall be put under 
arrest by his superior officer and tried by court martial. 

Sect, 124. The oomto'ander-iin-chdef is autho'rized to order courts How ordered, 
martial, which shall consist of not less than three nor more than 
seven persons, provided tbat no officer sihall, -w^hen it can be avoided, 
be tried by officers inferior to him in rank. The members thereof, 
and all witnesses testifying before them, shall be sworn, and the 
proceedings conducted in accordance with the regulations for the 
government of the New Hampshire National Guard. 

Sect. 125. No officer or enlisted man shall be tried by court charge to be 

, ■ T n ne -j^j- 1 j-i. 1 £ made withiu 

martial for any ottense committed more than one year betore one year of 
charges were preferred therefor, except in case of concealment of °^^^^^- 
the offense by the person charged. 

Sect. 126. Courts martial may, when no other punishment is courts mar- 
fixed by law, sentence an officer or enlisted man convicted by them o'f! ' 
to pay a fine of not exceeding two hundred dollars and costs of 
witnesses, and all fines a;nd costs imposed by them may be recov- 
ered by the adjutant-general in an action of debt in the name of 
the state. They may, in addition to the foregoing or any other 
punishment fixed by law, sentence an officer convicted by them to 
be eashiei^d, dishonorably discharged, or reprimanded in orders ; 
and if sentenced to be cashiered or dishoO'Orably discharged, the 
court shall adjudge him disqualified for life, or for any number 
of years, according to the aggravation of the offense, for holding 
any military office. 

Sect. 127. Witnesses may he summoned before courts martial, witnesses, 
.and they and persons serving summonses shall receive the fees; m^o^e^d.™ 
and \^'itnesses shall be subject to the penalties for non-appearance 
that are prescribed in the superior court, and depositions taken 
according to law may be used. The accused shall be entitled to 
subpomas for witnesses in his behalf, and their fees shall be paid 
by the state. 

Sect. 128. For the trial of non-commissioned officers, musicians, Regimental 
and privates, the commanding officer of a regiment shall, at such *^°'^'''^ ^^'"'^'^ • 
times and places as nuay be necessary, appoint a regimental court 
martial in his regiment ; and in like manner the brigade commander 
shall appoint a like court miartial for companies of cavalry and 
.artillery in the brigade, except at such times as such company of 



436 



Chapter 102. 



[1909 



Plow C'V 

stituted. 



Sentences of. 



Courts of 
inquiry. 



Proceedings, 
how disposed 
of. 



Fees in courts 
martial and 
courts of 
inquiry. 



Roll of fees to 
be certified. 



No death 
penalty in 
time of peace. 

Members of 
court exempt 
from civil 
liability. 



cavalry or artillery is under the immediate command of the regi- 
mental commander. 

Sect. 129. Sueli court shall consist of one field officer to be ap- 
pointed b}' the commander of the regiment, and in case of a court 
ordered by the brigade comni'ander, the court shall be appointed 
from the field officers of the New Hampshire National Guard. 

Sect. 130. Such court shall have power, subject to the approval 
of the officer ordering t'he court martial, in case of a non-commis- 
sioned officer, to sentence to be reduced to the ranks with loss of 
pay ; and with the approval of the officer appointing such court 
and of the commander-in-chief, such court may sentence the ac- 
ciLsed to be dishonorably diischarged, or discharged with loss of 
pay, and disqualified from holding office in the New Hampshire 
National Guard. 

Sect. 131. Courts of inquiry, to consist of three officers and a 
judge-advocate, to be designated by the commander-in-chief, may 
be ordered by him to examine into 'any military transaction, or any 
accusation or imputation against any officer or soldier, but such 
courts of inquiry shall never be so ordered except upon a demand 
by the officer or soldier whose conduct is to be inquired into. 

Sect. 133. The fees in courts martial and courts of inquiry Shall 
merits of the case unless specially required, but their proceedings 
shall be signed by the president and judge-iadvocate, and trans- 
mitted to the commander-in-chief. 

Sect. 133. The fees in courts-martial and courts of inquiry shall 
be as follo\\^ : To the president, members, and judge-advocate, each 
three dollars a day, and six cents a mile for travel to and from 
court; to the judge-advocate for drawing the necess-ary papers, 
and for copies and recording, twelve and a half cents for each page 
of two hundred and twenty-four words; for notifying the accused 
of the time and place of trial, six cents a mile for actual and neces- 
sary travel, and twenty-five cents for each notification; to the 
sheriff for committing any person, the same fees as are allowed 
for like service on civil process; and for witnesses, the same fees 
as are allowed witnesses in the superior court. 

Sect. 134. A roll shall be made by the judge-advocate of all 
fees, charges, and expenses, specifying the services and to whom 
due, including the expense of a stenographer when necessary; and 
the president and judge-advocate shall certify that the fees and 
charges are legal, and the governor shall draw his warrant therefor 
in favor of the president of the court. 

Sect. 135. No person shall suffer death by a sentence of court 
martial for any offense committed in time of peace. 

Sect. 136. No action or proceeding shall be prosecuted or main- 
tained against a member of a military court, or officer or pei-son 
acting under its authority or reviewing its proceedings, on account 



1909] 



Chapter 102. 



437 



of the 'approval or imposition or execution of any senteaice, or the 
imposition or collection of a fine or penalty, or the execution of any 
warrant, writ, execution, process, or mandate of a military court. 

Sect. 137. The jurisdiction of the courts and boards established Jurisdiction 
by this chapter shall be presumed, and the burden of proof shall '"'^^'^™'' • 
rest on any person seeking to oust such courts or boards of juris- 
diction in any action or proceeding. 



ARMS, UNIFORMS AND EQUIPMENTS. 

Sect. 138. All organizations shall be provided by the state To be supplied 
with such arms, equipments, colors, camp and 'garrison equipage, '^ 
books of instruction and of record, and other supplies as may be 
necessiary for the proper perform'ance of the duty required of 
them by this chapter, except musical instruments for bands; and 
each organization shall keep such property in proper repair and in 
good condition. 

Sect. 139. Every commissioned officer shall provide himself commis.sioued 
with the arms, uniforms, and equipments prescribed and approved 
by the governor. The sum of twenty-five dollars shall be 'allowed to 
each oommissioned officer of the New Hampshire National Guard, 
payable oai the first day of Jiine each year, — the same to be used 
exclusively for purchase and repair of uniforms and equipments 
by such ofScers, provided that no allowance shall be made to any 
commissioned officer who has not held a commission six m'Onths. 

Sect. 140. Every enlisted man who enters the service of the 
state for three years shall be furnished by the state with a service 
uniform corresponding in make and general appearance to the 
service uniform of the United States Army. 



provide uni- 
forms. 



Service 
uniforms. 



RESPONSIBILITY FOR PUBLIC PROPERTY. 

Sect. 141. Every officer and enlisted man to whom public prop- officers and 
erty of the state has 'been issued shall be personally responsible ™^|^'^^i'""''' 
to the state for such property, and no one shall be relieved from 
such responsibility, except it be shown to the satisfaction of the 
governor that the loss or destruction of such property was un- 
avoidable and in no way the fault of the person responsible for the 
same ; in all other cases the value of the property lost or destroyed 
shall be charged against the person at fault, or to the organization 
to which it had been issued, and such person or organization, if 
not relieved from such charge by the governor, shall pay the value 
of such property to the adjutant-general within three months 
after such loss or destruction. The value of lost or destroyed 
property, and the person or organization to be charged therewith, 



438 



Chapter 102. 



[1909 



Delivery of 
equipment, 
etc. 



Rent of 
armories 
regulated. 



shall be determined by a board of survey to be appointed by the 
commander-in-chief. 

Sect. 142. 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 com- 
manding officer of the 'necessary uniforms, arms, and equipments, 
upon such officer filing in the office of the adjutant-general 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, 
to return or transfer them according to any legal order thereof. 
Said officer shall immedrately receipt therefor. Any other officer 
receiving and responsible for the military property of the state 
shall file a similar bond in such sum 'as may be required bj- the 
ad j utant- general . 

Sect. 143. For the rent of an armorj- for each company of 
infantry^ and troop of cavalry, two hundred dollars a year; of an 
armory and gun-house for a battery of light artillery, two 'hundred 
and fifty dollars a year; for each regimental band-room, one hun- 
dred dollars a year; and for each regimental and brigade head- 
quarters, one hundred 'and fifty dollars a year, — shall be allowed 
by the governor, and paid on his order by the adjutant-general to 
the commander of each brigade, regiment or company; provided 
that organizations using a state armory shall receive no allowance. 
The sum 'of fifty dollars shall be allowed for each company of in- 
fantry, the troop of cavalry, and the field battery 'of the New 
Hampshire National Ouard, the same to be used exclusively for 
the preparation and maintenanice of suitable ranges for rifle prac- 
tice for the said companies, troop, and battery'; provided that no 
organization shall receive the said sum until proper vouchers for 
its expenditure, approved by the inspector of small arms practice, 
have been filed with the adjutant-general, and also provided that 
no organization shall be entitled to receive the allowance a second 
year unless at least seventy-five per cent, of the members have 
qualified as third-class marlismen during the preceding practice 
season, and have been certified as such by the inspector of small 
arms practice. 



PAY FOR MILITARY SERVICE. 



Compensation 
for service. 



Sect. 144. The adjutant-general shall act as paymaster-general, 
and shall have the general charge and supervision of all expenses 
and pay for the militia in the service of the state. There shall be 
paid for attendance and performance of duty of such officers 
and soldiers as shall be specially ordered for duty by the com- 



1909] Chapter 102. 439 

mamder-in-chief, or to attend eoeampmeimts, parades, and schools 
of instruction as provided in this chapter, to each the following 
sum for each day actually on duty: To brigadier-generals, seven 
dollars ; to colonels, six dollars ; to lieutenant-colonels, five dollars ; 
to majors, four dollars and fifty cents; to captains mounted, four 
dollars; to captains not mounted, three dollars and fifty cenrts; to 
lieutenants mounted, three dollars and fifty cents; to lieutenants 
not mounted, three dollars ; to non-commissioned stafi^ officers, two 
dollars and fifty cents ; to first sergeants, two dollars and fifty 
cents ; to band musicians, three dollars and fifty cents ; to sergeants, 
corporals, and cooks, two dollars; to musicians and privates, two 
dollars; provided that the commander-in-chief may in his discre- 
tion order the proper officers to purchase and issue rations to the 
enlisted men during an encampment, in which case the actual cost 
of the rations for each man shall be deducted from his pay for 
attendanee at such encampment. 

Sect. 145. There shall be allowed to each member of the ex- payofexamm- 
amining boards the sum of three dollars per day for the time ^'^^ 
actually and necessarily employed in such duties, and all necessarv' 
expenses incurred, but the total amount expended for pay and 
expenses for such members of examining boards shall not exceed 
five hundred dollars per annum. 

Sect. 146. The inspector-general shall receive for his services p^y of 
the pay of his rank for the time actually and necessarily employed g^n^/raV"^ 
in making inspection when ordered by the commander-in-chief, 
and all necessary expenses incurred, but such compensation for 
pay and expenses shall not exceed five hundred dollars per annum. 

Sect. 147. There shall be paid to the adjutant-general attached Pay of adju- 
to the brigade, for the care and preservation of records, seventy- 
five dollars per annum, to each adjutant of regiments, forty dollars 
per annum, and to each battalion adjutant, ten dollars per annum. 

Sect. 148. Officers, non-commissioned officers, musicians and pri- Pay for sun- 
vates shall be paid for attendance and performance of duty at the ^^ services, 
several rifle and revolver competitions when ordered by the com- 
mander-in-chief, the same pay 'and allowance as when ordered to 
attend encampments, and fifty cents each for duty at the annual in- 
spection, and for each of the t'wenty-f our drills required by this chap- 
ter which lasts at least one and one-half hours, and at which two- 
thirds of the organization drilling is actually present, officers and 
men shall be paid at the follow^ing rate : captain, one dollar ; first lieu- 
tenant, eighty cents ; second lieutenant, sixty cents ; first sergeant, 
fifty cents ; sergeant, forty-five cents ; corporal, thirty-five cents ; 
musician and private, twenty -five cents; provided that any officer 
or man not present at any such drill shall be fined the amount to 
which he would have been entitled had he been present, but such 



440 



Chapter 102. 



[1909 



Pay for use of 
horses. 



Pay for forage. 



Pay in joint 
manceuvers or 
actual service. 



Postage bills, 
etc. 



State to fur- 
nish trans- 
portation. 



fine may be remitted to such officer or man in accordance with the 
provisions of the regulations; and iwovided further that there 
shall be stopped against any officer or enlisted man to whom money 
may be due under the provisions of this act, all fines or other 
indebtedness to the state or to the United S'tates, or for the lass or 
damage of property which has been issued to said officer or enlisted 
man, or for which said officer or enlisted man is responsible, and 
the amount of such stoppage shall be deducted from the total 
amount due him at the regular settlement. 

Sect. 149. Tihere shall be allowed for each horse actually em- 
ployed by officers required to be mounted, three dollars a day ; for 
horses used in the cavalry, and for non-commissioned officers and 
orderlies when required, two dollars a day; and for each draught 
horse employed in batteries of light artillery, the sum of two dol- 
lars a day. 

Sect. 150. There shall also be allowed for each horse required 
and used by commissioned officers and enlisted men when ordered 
on duty by the commander-in-chief, the amount actually ex- 
pended for forage. 

Sect. 151. When participating in joint manoeuvers or encamp- 
ments with United States itroops, or when in actual service of the 
state in time of war, insurrection, invasion, riot, or immediate 
danger thereof, the enlisted men of the New Hampshire National 
Guard shall be entitled to pay and allowances as provided in sec- 
tion 144 of this chapter, and the commissioned officers shall be 
entitled to the same pay and allowances as are or may hereafter be 
established by law for the officers of the Army of the United States. 

Sect. 152. Postage :and all other reasonable expenses necessarily 
incurred in the transmission of orders and returns, or in transport- 
ing public property, shall be paid by the adjutant-general upon 
satisfactory evidence of such expenditure. 

Sect. 153. Transportation shall be furnished by the state through 
the quartermaster- general, or brigade or regimental quartermaster, 
to and from the place of any encampment or parade, and when 
troops are ordered out by the commander-in-chief. 



general provisions. 



Civil process 

suspended, 

when. 



Commanding 
officer may 
enforce right 
of way. 



Sect. 154. No person belonging to the active militia of the state 
shall be arrested on any civil process while going to, remaining at, 
or returning from any place at which he may be required to attend 
for military duty. 

Sect. 155. The commanding officer of any portion of the active 
militia parading or performing any military duty in any street or 
highway may require any or all persons in such street or highway 



1909] Chapter 102. 441 

to yield the right of way to such militia, provided the carriage 
of United States mail, the legitimate funotioais of the police, and 
the progress and operations of the hospital ambulances and fire 
engines and fire departments shall not be inteirfered with tliereby. 
All others who shall hinder, delay, or obstruct any portion of the 
active militia wherever parading or performing any military duty, 
or who sbaill attempt so to do, shall be 'guilty of a misdemeanor. 

Sect. 156. Any person who shall secrete, sell, dispose of, offer unlawful dis- 
for sale, purchase, retain after demand made by a commissioned property and 
officer of the New Hampshire National Guard, or in any manner u^e^'onn^"^*^ 
pawn or pledge 'any arms, uniforms, equipments, or other military s'gn'a- pen- 
property issued under the provisions of this chapter, and any person 
w'ho shall wear any uniform or any device, strap, knot, or insignia 
of any design or character isised as a designation of grade, rank or 
office, such as are by law or by general regulation, duly pro- 
mulgated, prescribed for the use of the active militia, or similar 
thereto, except members of the army and navy of the United States 
and the National Guard of this or any other state, members of 
associations wholly composed of soldiers honorably discharged from 
the service of the United States, and members of the order of Sons 
of Veter'ans, shall be guilty 'of a misdemeanor, anid, in addition 
thereto, shall forfeit to the state $100 for each offense, to be sued 
for in the name 'of the state by the adjutant-general. All money 
recovered by any action or proceeding under this section sihall be 
paid to the adjutant-general, who shall apply the same to the use 
of the active militia. 

Sect. 157. The commianding officer upon any occasion of duty Powers of 
may place in arrest during the continuance thereof any person w^ho officer at 
shall trespass upon the camp ground, parade ground, armory, or orp^a^adl^'^* 
other place devoted to such duty, or shall in any way or manner 
interrupt or molest the orderly discharge of duty by those under 
arms, or shall disturb or prevent the passage of troops going to or 
returning from any duty. He may prohibit and prevent the sale 
of all spirituous liquors, wine, ale, or beer, the holding of huckster 
or auction sales, and all gambling within the limits of the post, 
camp ground, place of encampment, parade or drill under his com- 
mand, or within such limits, not exceeding one mile therefrom, as 
he may prescribe. And he may, in his discretion, abate as common 
nuisances all such sales. 

Sect. 158. The duties assigned to an officer by title in this chap- Devolution of 
ter shall devolve, in case of absence or disability to command of the ^^^^' 
officer named, upon the line officer next in rank, except as otherwise 
provided in this chapter. 

Sect. 159. The officers of any regiment, or battalion not part of Associations 
a regiment, and members of any troop, battery, company, signal miutla! ^"° 



U2 



Chapter 102. 



1909 



Special powers 
of commander- 
in-chief. 



Meaning of 
"company" 
and "enlisted 
men." 



Xo organiza- 
tion to leave 
state without 
consent of 
commander-in- 
chief. 



United States 
Army usage 
prevails, 
when. 



Who may 

administer 

oaths. 



Fines and 
penalties, how 
credited. 



corps, hospital corps, or field music may organize themselves into 'an 
association, of which the commanding officer shall be president, 
and by a vote of two-thirds of all their members, form by-laws, 
rules and regulations not inconsistent with this chapter, and which 
shall conform to the system prescribed in general regulations, and be 
submitted to the commanding officer of the New Hampshire Na- 
tional Guard for his approval, and, when approved by him, such 
by-laws, rules, and regulations shall be binding upon all commis- 
sioned officers and enlisted men therein, but they may be altered 
in the manner provided for their adoption, from time to time, as 
may be found necessary. 

Sect. 160. The commander-in-chief is authorized to establish 
and prescribe such rules, regulations, forms, and precedents as 
he may deem proper, for the use, govemment, and instruction of 
the New Hampshire National Guard. He is also hereby authorized 
to make such changes laoid lalterations in such rules and regulations 
from time to time as he may deem expedient; but such rules and 
regulations shall conform to this chapter, and to those governing 
the United States Army, and shall have the same force and effect 
as the provisi'ons of this chapter. 

Sect. 161. The word "company" las used in this chapter in- 
cludes company of infantry, battery of artillery, troop of cavalry, 
hospital or signial corps; land the words "eniisited man" include 
non-commissioned officer, musician, or private, unless otherwise 
expressed or implied. 

Sect. 162. No organization of the New Hampshire National 
Guard shall leave the state for any parade or purpose whatever, 
with public military property in its possession, or to be used by it, 
without the consent of the commander-in-chief. Any organization 
disobeying the provisions of this section shall forthwith be dis- 
banded by the commander-in-chief, and its officers and members 
liable to trial by court-martial for disobedience of orders. 

Sect. 163. All matters relating to the organization, discipline, 
and govemment of the New Hampshire National Guard not other- 
wise provided for in this chapter or in the general regulations, 
shall be decided by the custom and usage of the United States 
Army. 

Sect. 164. The commanding officer of every company, if a com- 
missioned officer, or any field or commissioned staff officer, is hereby 
qualified to administer the oaths required in this chapter. 

Sect. 165. All fines and penalties provided for by this chapter, 
which are collected and placed to the credit of the New Hampshire 
National Guard shall be in addition to the regular appropriations 
provided for by law. 



1909] 



Chapter 103. 



443 



Sect. 166. Chapter 59 of the session Laws of 1895, chapter 25 Repealing 
of the session Laws of 1901, chapter 53 of the session Laws of 1901, taUereffect 
chapter 69 of the session Laws of 1903, chapter 135 of the session °" p^''^^^' 
Laws of 1903, chapt^er 51 of the session Laws of 1905, chapter 77 
of the session Laws of 1907, chapter 83 of the session Laws of 
1907, chapter 140 of the session Laws of 1907, and all other acts 
and paj:*ts of acts inoonsiistent with this act, are hereby repealed, 
and this act shall take effect upon its passage. 

[Approved March 30, 1909.] 



CHAiPTER 103. 



AN ACT IN AMENDMENT OF CHAPTER 114 OF THE LAWS OF 1901 RELAT- 
ING TO INVESTMENT OF SAVINGS BANKS. 



Section 

1. Investments in bank stock regu- 
lated. 



Section 

2. Takes effect on passage. 



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



Section 1. That sectioai 17 [icl'aaise 17, section 1] of chapter 114 of investments 
the Laws of 1901 foe ameinde'd ;by strikimg out said section and insert- regulated. 
ing in place thereof the foUowing : Sect. 17. In the stock of any 
national biank or triLst coanpany 'lioeated in the New England states or 
the state of New York, hut mot exceeding ten per cent, of the deposits 
of a savings bank shall be invested in such stock; the amount of 
stock in ^any national bank or trust company in this state which 
may be held by any savings bank as an investment or as collateral 
security for loans shall not exceed twenty-five per cent, of the 
capital stock of said national bank or trust company; and the 
amount of stock in any natiointal bank or trust company outside 
of this state which may be held by any savings bank .as an invest- 
ment or as collateral for loans shall not exceed one-tenth of the 
capital stock of said national bank or trust company. 

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

on passage. 

[Approved ^larch 31, 1909.] 



444 



Chapter 104. 



1909 



CHAPTER 104. 

AN ACT IN AMENDMENT OF SECTION 22 OF CHAPTER 40 OP THE LAWS 
OF 1905, AS AMENDED BY CHAPTER 138 OF THE LAWS OF 1907, 
RELATING TO THE COLLECTION OF THE TAX ON COLLATERAL LEGACIES 
AND SUCCESSIONS. 



Section' 

1. Employment of attorney, etc., by 
state treasurer. 



Section 

2. Takes effect on passage. 



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



Employment 
of attorney, 
etc., by state 
treasurer. 



Takes effect 
on passage; 



Section 1. Section 22 of chapter 40 of the Laws of 1905 as 
amended by chapter 138 of the Laiws of 1907. is hereby amended 
by striking out the entire section and by inserting in place thereof 
a new section, which shall read as follows : Sect. 22. The expenses 
of the execution 'of this act shall be paid by the sitate treasurer 
and the bills therefor shall be submitted to the governor and 
council for their approval : and the state treasurer shall be author- 
ized to employ an attorney to assist in making the computations 
and coiMections of the tax under this act and to assist the attorney- 
general in litigation growing out of the same; the said attorney 
or agent to receive a sum not exceeding twenty-five hundred dol- 
lars per annum dn full for his services, to which he shall devote 
his whole time ; and the state treasurer is further authorized to 
employ such other assistants as may from time to time be neces- 
sary to the proper conduct of the business of the department; the 
total salary of all persons thus employed, including the salary 
of the attorney or agent not to exceed thirty-seven hundred dollars 
and all other expenses mentioned in this section not to exceed 
the sum of two thousand dollars. 

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

[Approved March 31, 1909.] 



1909] Chapter 105. 445 

CHAPTER 105. 

AN ACT IN AMENDMENT OF CHAPTER 79, SESSION LAWS OF 1901, AS 
AMENDED BY THE SESSION LAWS OF 1903. 1905 AND 1907, RELATING 
TO THE OPEN SEASON ON DEER. 



Section 

1. Killing of deer regulated. 



Section 

2. Takes effect on passage; repealing 
clause. 



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

Section 1. That chapter 79, session Laws of 1901, as amended Killing of deer 

'^ ' regulated. 

by the session Laws of 1903-1905-1907, be amended as follows: 
Strike out the wliole of section 16 of siaid chapter 79, and substitute 
therefor the following: Sect. 16. No person shall hunt, catch, 
kill or idestroy any deer within the limits of the county of Coos, 
except during the months of October and November of each year, 
or within tlie limits of the counties of Crrafton and Carroll, except 
during the month of November land the first fifteen days of Decem- 
ber of each year, or within the limits of the counties of Sullivan, 
Cheshire, Hillsborough, ]\Ierrim'ack, Belknap, Strafford and Rock- 
ingham, except during the first fifteen days of December of each 
year, and then within the limits of the counti&s of Hillsborough, 
Merrimack, Belknap, Strafford and Rockingham with shotguns 
only, using a single ball or loose buckshot. Nothing in the fore- 
going shall be construed to deprive any person of his right at any 
time, to protect his property from the depredation of deer, but 
any person so killing them shall immediately notify the fish and 
game commissioners of that fact, and whenever the commissioners 
or their agents shall find the killing was warranted, the carcasses 
of animals so killed slhall be awarded to the person wthose property 
was being damaged. Notliing herein contained sball be construed 
to repeal or affect existing legislation relating to the Blue ]Moun- 
tain Forest Park Association. 

Sect. 2. This act shall take effect upon its passage, and all acts Takes eflfect 
and parts of acts inconsistent with this act are 'hereby repealed. repeafhfl^' 

[Approved March 31, 1909.] '^'"''- 



446 



Chapters 106, 107. 



[igog* 



CHAPTER 106. 

AN ACT TO AMEND SECTION 1, CHAPTER 36, SESSION LAWS OF 1901^ 
RELATING TO FISH AND GAME. 



Trout pro- 
tected in 
Russell pond. 



Takes effect 
on passage. 



Section 

1. Trout protected in Russell pond. 



Section 

2. Takes effect on passage. 



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

Section 1. That section 1, cliapter 36, session Laws of 1901 be 
amended by inserting .after the word "Dublin" in the fourth line 
the words and Russell pond in the town of Woodstock, so that the- 
section as amended shall read as follows : Section 1. It sliall not 
be lawful for 'any person to take from the waters of Little Diamond 
pond in Stewartstown and Grreenough ponds in Wentworth 's Loca- 
tion, land Dublin pond in the town of Dublin, laud Russell pond in 
the town of Woodstock, any square-tailed trout before the twentieth 
day of May in any year under a penalty of twenty dollars for esjch 
fish so taken or had in possession. 

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

[Approved March 31, 1909.] 



CHAPTER 107. 



AN ACT IN RELATION TO MILEAGE BOOKS. 



To be issued 
good for 
bearer. 



Section 

1. All roads to issue mileage books 
good for bearer. 



Section 

2. Penalty for neglect. 

3. Takes effect on passage. 



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

Section 1. All steam railroads operating a passenger service 
in this state which at the date of the passage of this act do not 
issue 'Oine thousand mile mileage books good for the transportation 
of the bearer over all their lines in this state, shall hereafter issue 
such books at the rate of two cents a mile, and keep them on sale 
at its ticket offices in this state. Provided that nothing in this act 
contained shall compel the issuance of such mileage books for 
transportation over the JMount Washington Railway, or 'between 
Bethlehem Junction and Bethlehem, Bethlehem Junction and the 
Profile House or between Fabyans and the base of ]\lount Wash- 
ington. 



1909] Chapter 108. 447 

Sect. 2. Any such railroad negleotmg to issue such mileage Peuaityfor 

books or to keep them on sale as above provided, shall be fined one "^" ^'^ ' 
hundred dollars for each day of such neglect after the expiration 
of one month from the passage of this act. 

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

[Approved March 31, 1909.] "'' ^^'''^'• 



CHAPTER 108. 



AN ACT IN AMENDMENT OF SECTION 7 OF CHAPTER 116 OF THE PUBLIC 
STATUTES, RELATING TO THE DOORS OF PUBLIC BUILDINGS. 

Section i Section 

1. Outer doors to open outward. 2. Takes effect September 1, 1909. 

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

Section 1. Section 7 of chapter 116 of the Public Statutes is outer doors to 
amended so as to read : The outer doors and doors of passia^s °^*° °^ ^^^ 
leading outward, of churches hereafter built or rebuilt, school- 
houses containing more than two schoolrooms and halls and other 
buildings used for public gatherings, shall open outward; and it 
shall be the duty of the selectmen of towns to see that these 
provisions are complied with, and to prosecute persons who neglect 
to do so. 

Sect. 2. This act shall take effect Serytember 1, 1909. ^akes effect 

^ ' September 1, 

[Approved March 31, 1909.] i909. 



448 



Chapters 109, 110. 
CHAPTER 109. 



[1909 



Expense allow- 
ance : repeal- 
ing clause. 



Takes effect 
on passage. 



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

OF GRAFTON. 



Section' 

1. Expense allowance of $200 a year; 
repealing clause. 



Section 

2. Takes effect on passage. 



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

Section 1. Tbat the solicitor of Grrafton county shall hereafter 
be allowed expenses incurred in the discharge of his duties to an 
amount not exceeding two hundred dollars per annum; and so 
much of section 17, cihapter 286 of the Public Statutes as is incon- 
sistent with this act is hereby repeale^d. 

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

[Approved April 6, 1909.] 



CHAPTER 110. 



Street railways 
■to share ex- 
pense of 
repair. 



Takes effect 
on passage. 



AN ACT IN AMENDMENT OF SECTION 13, CHAPTER 35 [27] OF THE LAWS 
OF 1905, RELATING TO BRIDGES. 



Section 

1. Street railways to share expense 
of repair, etc. 



Section 

2. Takes effect on passage. 



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

Section 1. Section 13, dhapter 35 [27], of the Daws of 1895, is 
■hereby amended by adding at the end thereof tihe f o'Uowing. to wit : 
Whenever it shall be necessary to repair, alter or rebuild a bridge 
or construct a new bridge, upon a public Jhighwa}', and said bridge 
is, or shall be used by a street railway, the expense of such repairs, 
alterations, rebuilding or construction may be apportioned equita- 
bly, as the public good may require, between the town incurring 
such expense and such street railway, by the superior court upon 
petition brought therefor by the town, unless the said town and 
the said street railway shall lagree upon such apportionment. 

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

[Approved April 6, 1909.] 



1909] 



Chapters 111, 112, 



449' 



CHAPTER 111. 

AN ACT IN AMENDMENT TO THE FOOD AND DRUGS LAW OF 1907, RELAT- 
ING TO PENALTY FOR VIOLATION OF SAID LAW. 



Section 

1. Prosecutions and penalties under 
pure food law. 



Section 

2. Takes effect on passage. 



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



Strike out sections 8 and 9 of ehapter 48, Laws of Pi-osecutions 

and penalties 

and rnsert in place thereof the foHowmg: Sect. 8. It shall 



Section 1. 
1907 

be the duty of the state boiard of health through its secretary, or 
the ehemisit of the state laboratory of hygiene, or other agent 
authorized by the said boaird, whenever it has saitisfactory evidence 
of the violation of this act, to make complaint and to proseeute the 
same. Sect. 9. Any person, firm, company, or corporation vio- 
lating any of the provisions of this act shall be deemed guilty of a 
misdemeianioir amd, upon eonviotion, shall be punished for each 
offense by a fine of ten dollars, or shall be imprisoned for a term 
of thirty days, or by both fine and imprisonment. 

Sect. 2. This act shall take effect upon its pass'age. 

[Approved April 6, 1909.] 



under pure 
food law. 



Takes effect 
on passage. 



CHAPTER 112. 



AN ACT TO AMEND SECTION 2, OF CHAPTER 71, LAWS OF 1907, RELAT- 
ING TO THE PUNISHMENT OP PARENTS FOR THE ABANDONMENT OF 
THEIR FAMILIES IN CERTAIN CASES. 



.Section 

1. Neglect of family by husband or 
father; penalty. 



Section 

2. Repealing clause; act takes effect 
on passage. 



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

Section 1. That section 2 of chapter 71, Laws of 1907, is hereby Neglect of 

... n f> • T • T • • • 1 ' familv bv 

ameinded Ijy striking out ml of said section and inserting m place husband or 
thereof the following. Sect. 2. If any husband or father being penaTty. 
within the limits of this state shall hereafter separate himself 
from his wife or from his children or from his wife and children 
without reasonable eause and shall wilfully' neglect to maintain 



450 



Chapter 113. 



[19(>9 



Repealing 
clause: act 
stakes effect 
on passage. 



his children, and his wife when such wife is destitute or dependent 
wholly or in' part on her earning's for adequate support, or, with- 
out such separation, uegleets ihis employment or misspends his 
earnings so as not to provide properly for tlie support of his wife 
and childrein, he shall be guilty of a misdemeanor, and on con- 
viction thereof be sentenced to jail or the house of correction 
for a period of not more th'an six months and to pay a fine not 
exceeding ten dollars or either or both at the discretion of the 
court, such fine if any to be paid or applied in whole or in part 
to the wife or children deserted or not properly supported <as the 
court may direct. Provided no such conviction, payment of fine 
or undergoing imprisonment shall in any manner affect the obliga- 
tion of lany order for support theretofore made against the de- 
fendant: and provided further that upon conviction the court 
may suspend sentence upon and during compliance by the de- 
fendant with any 'order for support theretofore made against him 
as already made or as may theretofore have been modified in 
the imanner now provided by law : and if no such order shall have 
been made then tihe court trying the defendant may -make such 
order for the support by tihe defendant of his wafe and children 
or eitJier of them, which order shall be subject to modification by 
the court on cause shown and the court may suspend sentence 
upon and during compliance by the defendant with such order 
as originally made or as subsequently modified by the court. 

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

[Approved April 6, 1909.] 



CHAPTER 113. 

AN ACT IN AMENDMENT OF AN ACT ENTITLED THE PREVENTION AND 
REMOVAL OP NUISANCES. 

Section 1. Health officers may order abatement of privy nuisance; penalty for 

neglect. 

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



■Order to abate SECTION 1. That scctiou 11 chapter 108 of the Public Statutes 

sanceTpenaity be amended by inserting the following words to wit: In cities 

fornegiect. ^^ towns haviug a water and sewerage system, the health officers 

may in writing order the discontinuance of any privy or vault 

located on' premises within one hundred feet of a public sewer, and 



1909] 



Chapter 114. 



451 



the establishmont of a water or flushing closet, cooineoted with such 
sewer, so that said section shall read Sect, 11. The health offi- 
cers may in wTiting, o'rder ithe discontinuance of any such nuisanee ; 
jand may order that a privy located within one hundred feet of a 
public sewer shall be connected therewith. In cities or towTis hav- 
ing a water and sewerage sj'stem, the health officers may in writing 
order the discontinuance of any privy or vault located on premises 
within one hundred feet of a public sewer, and the establishment 
.of a water or flushing closet, connected with such sewer. If any 
pereon shall -continue the nuisance after isuch order from tlie 
health officers, or shall neglect to comply with an order made 
under the provisions of this section, he shall be fined not exceeding 
ten dollars for each day of such continuance or neglect. 
[Approved April 6, 1909.] 



CHAPTER 114. 



AN ACT TO PROHIBIT CARRYING CONCEALED WEAPONS. 



JS^CTION 

1. Carrying loaded pistol, etc., pen- 

alty. 

2. Certain persons excepted. 



STection 

3. License to carry pistol. 

4. Takes effect on passage. 



Be it enacted hy the Senate and House of Representatives in 
Ge7ieral Court convened: 



Section 1. Whoever, except as provided by tlie laws of this carrying 

., • !• iTT'ii 1 loaded pistol, 

stat«, carries on his person a loaded pistol or revolver, or any et:., penalty, 
stilletto, 'dagger, dirk-knife, slung-shot or metallic knuckles, shall 
upon conviction be punished by a fine not exceeding one hundred 
dollars or by imprisonment not exceeding one yesav or by botli such 
fine and imprisonment ; and any such weapon or article so carried 
by him sliall be confis'cated to the use of the state. 

Sect. 2. The provisions of the preceding section shall not apply 
to officers of the law, to members of military forces, to persons 
holding hunters' licenses, when lawfully engaged in hunting, to 
employees of express companies while on duty, to watchmen while 
on duty, or to persoois securing a license as provided in the next 
section. 

Sect. 3. The selectmen of towns or the mayor or the chief of License to 
police oif cities may, npon the application of 'any person issue a 
license to such person to carr>' a loaded pistol or revolver in this 



Certain per- 
sons excepted. 



carry pistol. 



452 



Chapter 115. 



[1909 



Takes effect 
on passage. 



state, if it appears that the applicant is a suitable person to be so 
licensed. 

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

[Approved April 6, 1909.] 



CHAPTER 115. 



AN ACT IN AMENDMENT OF CHAPTER 85 OP THE LAWS OF 1907, 
ENTITLED '^AN ACT TO PROVIDE A PENSION FOR FIREMEN, POLICE 
. OFFICERS AND CONSTABLES.'' 



Adoption of 
act by 
popular vote. 



Takes effect 
on passage. 



Section 

1. Adoption of pension act by popu- 
lar vote. 



Section 

2. Takes effect on passage. 



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

Section 1. Chapter 85 of the Laws of 1907, entitled "An act 
to provide a pension for firemen, police officers and constables" is 
amended by striking out section 3 of said act and by substituting 
in lieu thereof the following: Sect. 3. The provisions of this act 
may be adop-ted by any town by a major vote of the legal voters 
thereof a;t any regular election duly warned and holden therein in 
the warrant for which due notice is given of the intention to act 
upon the matter. At such election the following question shall 
be submitted to the voters: Are you in favor of adopting the 
provisions of chapter 85 of the Laws of 1907, entitled "An act 
to provide a pension for firemen, police officei^ and constables" 
and amendments thereof? The provisdons of this act may be 
adopted by any city by major vote of the aldermen and council, or 
council, as the case may be. 

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

[Approved April 6, 1909.] 



1909] Chapter 116. 45a 

CHAPTER 116. 

AN ACT IN AMENDMENT OP CHAPTER 135 OF THE PUBLIC STATUTES 
RELATING TO THE SALE OF DRUGS AND MEDICINES. 

Section Section 

1. Examination and license of phar- | 3. Selling of drugs by unlicensed per- 

macists; reciprocity certificates. j son, penalty. 

2. Fees for certificates, etc. 4. Takes effect on passage. 

Be it enacted h\j the Senate and House of Eepresentatives in 
General Court convened: 

Section 1. That sectiou 4 of i-ihapter 135 of ithe Public Statutes Kxamination 
be anieiuded by inserting after the word "druggist" and before phlrmadlts" 
the word "and" in the second line thereof, the following words, cerl^flcatel 
to wit: who has had three years' practical experience in a retail 
drug store. Also by adding at the end of said section the fo^llow- 
ing words, to wit : The said commission lU'ay in its discretion 
grant certiificates of registration, to be known as reciprocity cer- 
tificates, to such persons as shall furnish with their aippiioaition 
satisfactory proof that they have been registered by exiamination 
in some other state, provided, rthait such otiher state shall require 
a degree of competency equal to that required of applicants in 
this state and will grant like certificates to pharmacists registered 
in New Hampshire. No reciprocity certificate shall be granted 
until the person so applying shall certify his intention of acting 
under it in t;his state. So tihat said sectiion shall read as follows : 
Sect. 4. They shall examine any person desiring to engage in 
the business of apothecary and druggist who iias had three yeare' 
practical experience in a retail drug store and, if fouud skilled 
and learned in phannaey, siliall give to 'him a certificate, stating 
that lie is a sikiiied pharmacist and authorized to engage in the 
busLQess of apothecary and druggist. The said commission may 
in its discretion grant certificates of registration, to be knowTi as 
reciproeiity ceptificates, to such perso'us a.s shall furnish with their 
application satisfactory proof that tihey have been registereid by 
examination in some other state, provided, such other state shall 
require a degree of competency equal to that required of appli- 
cants in this state, and will grant like certificates to pharmacists 
registered in New Hampshire. No reciprocity certificate shall be 
granted until tlie person so applying shall certify his intention of 
acting under it in this state. 

Sect. 2. That section 8 of chapter 135 of tihe Public Statutes Fees for certifi- 
be amended by inserting after the word "dollars" and before '=^*^^' '^*'^- 
the word "and" in the second line thereof the following words, to 



454 Chapter 116. [1909 

wit: Each applicauit for a reciprocity certificate a fee of five 
dolLairs. So that said section shall read as follows : Sect. 8. Each 
applicanit for a phai-macisit's certificate shall pay to the commission 
a, fee of five dollars, each lapplioant for a reciprocity certificate a 
fee of five dollars, and each applicant for a registered assistant's 
ceptifioate ;a fee of two dollars, for the use of the board. Each 
commissioner sliall also receive five doilars per day for actual 
service for not exceeding twenty-five days annually and all neces- 
sary expenses incurred in the discharge of ihis duty, to be p^aid 
from the state treasury. 
Selling of Sect. 3. That section 10 of chapter 135 of the Public Statutes 

licensed per- bc amended by inserting after the word ** prescription " and before 
son. penalty. ^^^ ^^^^^^ ' ' without " in the fourth line thereof the following 
words, to wit: or shall expose for sale any drugs, medicines or 
chemicals. Also by adding at the end of said section the following 
Avords, to wit: Every registered pharmacist who desires to con- 
' tinue the business of apothecary and druggist, shall on January 

1, 1910, and biennial^ thereafter, re-register. For failure to 
re-register or •incompetency from any cause the commission may 
suspend a certificate of registration until the cause is removed, so 
that said section shall read as follows: Sect. 10. If any person 
sball enigage in the business of retailing and vending, directly or 
indireofcly, drugs, medicines and chemicals, and in dispensing medi- 
cines and compounding physicians' prescriptions, or shall expose 
for sale any drugs, medicines, or chemicals Avithout being regis- 
tered as provided by this ohapter. or any law heretofore in force, 
he shall be punisihed by a fine not exceeding fifty dollars for each 
week he shall continue the business without being so registered. 
Every registered pharmacist who desires to continue the business 
of apothecary and druggist, sihall on January 1. 1910, and bien- 
niiaily thereafter, re-register. For failure to re-register or in- 
competency as a pharmacist from any cause the commission may 
suspend a certificate of registration until t!he cause is removed. 
Takes effect Sect. 4. This act shall take effect upon its passage, 

on passage. [Approved April 6, 1909.] 



1909] 



Chapter 117, 



455 



CHAPTER 117. 

AN ACT IN AMENDMENT OF CHAPTER 117 OF THE LAWS OF 1905 
ENTITLED, ^'aN ACT, RELATING TO THE ENFORCEMENT OF THE 
LAWS RELATING TO THE ILLEGAL SALE OF INTOXICATING LIQUORS 
IN NO-LICENSE TERRITORY." 



Section 

1. Taking orders for liquor in or 
sending liquor into no-license 
town, penalties; license commis- 
sion to enforce. 



Sectiom 

2. Takes effect on passage; repealing 
clause. 



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

Section 1. Chapter 117 of the Laws of 1905, is hereby ameiiided Taking orders 
by adding the following new seotions to said chapter. Sect. 14. an.i sending 
If any persion, partinership. or corporation shall seek, solicit, accept iicenJeTown" 
or transmit, in any no-license city or town in this state an order i'^'^^''*^^- 
for liquor from any person (the word "liquor" being meant to 
include its meaning as used in chapter 49 of the session Laws of 
1905) to be fumis'hed or pro'cured at any other place, to be de- 
livered to any person or at any place in any no-license city or 
town in tihis state; or if any licensee shall fill an order for liau^r, 
to be seint to any person, other than la holder of a license of die 
first, fifth or sixth class, in a no-license city or town in this state, 
to be delivered to a common carrier, expressman, truckman or 
otiher person for transportation to the purchaser, whether such 
carrier or other person be the agent of the purchaser for receiving 
delivery or not, such person, partnership, or corporation shall be 
punished for each offense by a fine of one hundred dollars ($100), 
and if it be a person he shall be imprisoned not exceeding ninety 
days, and if it be a corporation its charter may be revoked upon 
petition to the superior court by the attorney- general of the state, 
or the solicitor of the county in which the offense was committed : 
•and any lioensee filling such order shall be deemed guilty of 
violating the provisions and conditions of ihis license and shall 
be so dealt with 'by the state board of license commissioners; pro- 
vided, however, that nothing herein shall prevent the seeking, 
soliciting, accepting, or transmitting of orders in the regular 
course of business from those who are legally authorized to sell 
liquor in said nio-license cities and towns. Sect. 15. It shall be License com- 
the duty of the state board of license commissioners to enforce, «i'force. ° 
or cause to be enforced, the provisions of section 14 of this act, 
and it shall be the duty of said board to prosecute, or cause to be 
prosecuted, violations of the same. 



456 



Chapter 118. 



1909 



Takes effect 
on passage; 
repealing 
clause. 



Sect. 2. This act shall take effect upon its passage, and all acts, 
or parts of acts, Ineonsisten't with this act, are hereby repealed. 
[Approved April 6, 1909.] 



CHAPTER 118. 



Licensee to 
reside where 
licensedrno 
new license 
for year after 
revocation ; 
partners must 
be citizens 
and residents, 
when ; board 
may refuse 
license to 
unfit person. 



AX ACT IN AMENDMENT OF CHAPTER 95 OF THE LAWS OF 1903, AS 
AMENDED BY CHAPTER 49 OP THE LAWS OF 1905, RELATING TO THE 
REGULATION OF THE TRAFFIC IN INTOXICATING LIQUOR. 



Section 

1. Licensee to reside where licensed; 
no new license for year after 
revosation ; all partners must be 
citizens and residents, when; 
license board may refuse license 
to person deemed unfit. 



Section 

2. Second-class licensee not to sell to 

woman on premises. 

3. Takes effect April 30. 1909; re- 

pealing clause. 



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

Section 1. Sect ion 8 'of chapter 95 of the Laws of 1903. en- 
titled "An act to regulate tlie traffic in intoxicating liquor." as 
amerided by chapter 49 of the Laws of 1905, is amended as fol- 
lows: Amend sub-division 3 of said section 8 by striking out the 
words "or the acljoinrng town or city" in the third line of said 
sub-division. Amend sub-division 4 of said section 8 by adding 
the following words or whose license shall be revoked until one 
^-ear from the date of such revocation. Amend sub-division 6 of 
section 8, by striking out the words: "or an adjoining town or 
city" in the fifth line of said sub-division ; further amend said sub- 
division 6 by adding at the end of said subdivision the following 
words : except that in the ease of copartnership licensees of the 
second, third and fourth classes all the partners shall be citizens 
of the United States, residents of the State of New Hampshire, 
and shall ihave been resiclemts of the town or city within whicJh 
they desire to carry on the liquor business for one year last 
prior to the filing of their application ; amend sub-division 9 of 
said section 8 by striking out the words: "satisfaction of said 
board," in the thirteenth line of said sub-division, and by adding 
after the wo'rd "act" in the fifteenth line of said sub-division, the 
following words : and amendments thereto to the satisfaction of 
said bo'ard; further said sub-division is also amended by adding 
at the end tihereof, the following words: Said board may at any 
time refuse to issue a license to any person whom thej' eo'usider 
unfit to receive a license. Amend said section 8 further by add- 



1909] Chapter 118. 457 

ing at the end of said section, in a separate paragraph, the fol- 
iowi'ng words: Those licensees of the second, third and fourth 
classes who, on the date of the passage of this act, do not reside 
in tihe town or city witihin which their respective licenses are 
operative, sihall until May 1, 1910, and not after said date, be 
subject to tihe provisions of said sub-divisions 3 and 6 'as they were 
when their present licenses were issued ; the provisions of sub- 
division 3 of this sectioin sihall not apply to any pharmacist duly 
registered in this state who has resided for ten years next prior 
to fthe filing of his application in a town or city ladjoining tihe 
town or city within whicili he applies for a liceinse of tihe fifth 
class and witihin which he then ihoids a license of the fifth class, 
so that said sectioin as amended shall read as follows : Sect. 8. No 
person shall receive la 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 25 years, provided, however, that 
any pharmacisit, duly registered in this state, who is 21 years of 
age and otherwise a qualified person under the requirements of 
this act, may receive a license of the fifth class; 

3. Wlio is not a citizen of the United States, and a resident of 
the State of New Hampshire and of the to\\'n or city within which 
he desires to carry on the liquor business, for one year last prior 
to the filing of this application; 

4. Who shall be convicted of a violation of this act, until tliree 
yeairs from the date of such conviction; or whose license shall be 
revoked, until one year from the date of such revocation ; 

5. Whose agent or employee shall be twice convicted of a vio- 
lation of this act, until five years from the date of ttie second 
conviction ; 

6. No co-'partnership, unless one or more of the members of 
sueih eo-partnersihip, owning at least one-half interest in the busi- 
ness 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 withim which he desires to carry on the liquor 
business, for one year last prior to the filing of this application, 
except that in the case of co-partnership licensees of the second, 
third and fourth classes all the partners shall be citizens of the 
United States and residents of the State of New Hampsihire, and 
shall have been residents of the town or city within which they 
desire to carry on the liquor business for one year last prior to 
the filing of their application ; 

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



458 



Chapter 118. 



[1909 



Second-class 
licensee not to 
sell to woman 
on premises. 



8. Xo person who, as owner or agent, sball suifer 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 tJiereto or connected therewith, or suffer 
or permit such premises to become diso'rderly, or carry on or per- 
mit 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 applicBJiits 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 lias a discretion las to the amount of the fee such 
sum as said board sihall direct. In case the license is denied the 
amount so paid shall be refunded. All applications shall be in 
form prescribed by said board. No person shall be given a license 
who shall not, within ten days from the receipt of notice from 
said board of itihe granting of his application for a license, tile 
with said board a bond in the sum of double the amount of the 
license fee paid by him, provided, however, no bond shall be 
accepted for a less amount tihan five hundred dollars, conditioned 
upon constant adherence to the terms of said license and the 
provisions of this act and ameudments thereto to the satisfaction 
of said board and recoverable in an action of debt to be brought 
by the attorney-general upon notice from said board. Said board 
may at any time refuse to issue a license to any person whom 
they consider unfit to receive t'he same. 

Those licensees of the second, third and fourth classes who, on 
the date of the passage of this act, do /not reside in the town or 
city within which their respective licenses are operative, shall un- 
til May 1, 1910, and not after said date, be subject to said sub- 
divisions 3 and 6 as they were when their present licenses were 
issued. The provisions of sub-division 3 of this section shall not 
apply to any piharmaeist duly registered in this state who has 
resided for ten years nexit prior to the filing of his application 
in a town or city adjoining the town or city witlhiu which he 
applies for a license of 'the fifth class and within which he then 
holds a license of the fifth class. 

Sect. 2. Amend section 15 of said chapter 95 by adding at 
tJie end tftiereof the following words: No liquor shall be sold, 
delivered or given, away to any girl or woman on premises cov- 
ered by a license of the second class; 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 pei-son where 



1909] 



Chapter 119. 



459 



notice m writing has been given, in accordance with the provi- 
sions of section 27 of this chapter, forbidding sale or delivery to 
such pereon. No liquor shall be sold, delivered or given away to 
any girl or woman on premises covered by a licens'e of the second 
class. 

Sect. 3. This act shall take effect upon April 30, 1909, and, Takeseffect 
except as 'herein otherwise specified, all actvS and parts of acts 1909 ;''repeai- 
inconsastent with this act are hereby repealed. 

[Approved April 6, 1909.] 



ing clause. 



CHAPTER 119. 

AN ACT TO PREVENT THE POLLUTION OF THE WATERS OF THE SALMON 
PALLS RIVER AND ITS TRIBUTARIES. 



Section 

1. Mills, shops, etc., 
tation devices. 



to install sani- 



Section 

2. Penalties for violation. 

3. Takes effect on passage. 



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

Section 1. All mills, shops and mamnfacturing plants of what- Miiis, shops, 
ever description, erected or to be erected upon or near the shores sanitation 
of Salmon Falls river and its tributaries, above the intake pipe of ®^'*^^^- 
the Some^rsworth filter bed in Somerswort'h in the county of Straf- 
ford, shall within a reasonable time be equipped with a device, or 
devices, for sanitation or purification, and if necessary, for filtra- 
tion to reduce to a minimum the amount and impurity of sewage 
and other waste matters, detrimental to the sanitary quality of 
said river or interfering with the mechanical operation of any plant 
for its purification, which shall be discharged from said mills, shops 
and plants into said river. Said device, or devices, for sanitation, 
purification, or filtration shall be that best adapted to the particu- 
lar lime of manufacture to whieili it is applied and of such con- 
strucition and efficiency as to restrict to a minimum the discharge 
of sucli sewage and waste into said river from said mills, shops and 
plants without unreasonably interfering with the use of said river 
by said mills, shops and plants for manufacturing purposes or 
subjecting the owners thereof to unreasonable expense. 

Sect. 2. Whoever violates the provisions of the foregoing sec- Penalties, 
tions shall be punished by a fine not exceeding one 'thousaind dol- 
lars, or by imprisonment not exceeding one year. 

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

^^^^ ■, on passage. 

[Approved April 6, 1909.] 



460 



Chapter 120. 
CHAPTER 120. 



1909 



AN ACT RELATIVE TO SENTENCES TO THE STATE PRISON. 



Maximum 
minimum 
sentences 
be fixed. 



and 



Release of- 
convict on 
permit. 



Section 

1. Maximum and minimum terms to be 

fixed. 

2. Release of convict on permit. 

3. Parole officer, duties and salary. 

4. Complaint against paroled convict. 

5. Paroled convict may be remanded. 

6. Remanded convict to serve maxi- 

mum sentence. 



Sectiox 

7. Information to parole officer, who 

to furnish. 

8. Permit ti convict held on two or 

more sentences. 

9. Final discharge of paroled pris- 

oner. 
10, Repealing clause; act takes effect 
on passage. 



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

Section 1. When a convict is sentenced to the state prison other- 
wise thain for life, or as an ibabitual eriminal, the court imposing 
the sentence shall not tix the term of imprisonment, but shall 
establis'h a maximum and miinimum term for which said convict 
may be held in s'aid prison. The maximum term shall not be longer 
than the longest term fixed by law for tihe punishment of the offense 
of whicih (he is coinvicted, and the minimum term shall not be less 
than the miinimum sentence now provided by law. 

Sect. 2. Any conviot, sientenced as aforesaid, whose record of 
conduct shows that he has faithfully observed all the rules of 
said prison, and has not been subjected to puni.shment, shall be 
entitled to release from said prison upon the expiration of the 
minimum term of his sentence, and he sihall then he given a permit 
to be at liberty therefrom during the unexpired portion of the 
maximum term of his sentence. Said permit shall be issued by the 
governor and council upon such terms and coinditions 'as they shall 
establish. Any convict whase record of conduct shows that he has 
violated the rules of said prison may he given a like permit at 
such time as the said governor and council shall determine after 
the expiration of the minimum term of his sentence. Provided, 
that the governor and council shall issue no permit for release 
under this section unless there shall appear to them to be a rea- 
sonable prohahility that the conviet to be released will remain 
at liberty without violatin'g the law and will conduct himself as a 
good citizen; and provided, further, that one of the terms of the 
permit in each case shall be that the released prisoner shall remain 
in the legal custody of the parole officer hereinafter provided for, 
to \^•hom said released prisoner shall report at least once each 
month and a.s much oftener as the governor and council shall 
determine to be proper. 



1909] Chapter 120. 461 

Sect. 3. The chaplaiia of the state prison for the time being is Parole officer, 

, . _ duties find 

hereby eonstitiited parole officer, wihose duty it shaii be to 'have salary. 
the legal ciisto'dy of 'all conviots released upon parole until they 
receive their final discharge or iare remanded to prison. He shall 
be sworn to the faithful performance of his duties las such parole 
officer. He sihall receive for his services as parole officer a salary 
of two hundred dollars (^$200) per annum, together with the neces- 
san^ and reasonable expenses actually incurred by him dm the per- 
formance of Ihis duties as such officer, to be paid quarterly out of 
the money in the state t'reasury not otherwise appropriaited upon 
the warrant of the governor. Where it is practicable, the parole 
officer shall find in advance suitiable employment for each paroled 
eonvict to enter upom at the time of his release. The parole officer 
■Sihall require from paroled convicts monthly reports, and such more 
frequent reports as may he provided for by the terms 'of their 
several releases. He shall, at least once in three montihs, and 
oftener if t^hereto requireid by the governor and council investigate 
the conduct of all paroled convicts, aind wihere practicable shall 
frequently see paroled convicts. He shall constantly encourage 
and assist paroled convicts in their efforts to conduct them- 
selves as good citizens, and, when they are out of work and it 
is practicable, shall aid them in getting snitable employment. He 
sihall keep a record of all Ihis doings and shall report thereon to 
the governor and council quarterly and oftener ^^•*hell by them 
required. 

Sect. 4. Wihen it appears to the parole officer that any convict. Complaint 
released from the state prison on a permit from the governor and paroled 
council under the provisions of section 2 of this act, has violated ''^"^'*' • 
the terms of his permit or has violated the law, or ihas fallen among 
criminal companions, it shall be the duty of said parole offieer to 
make a sworn complaint before a justice of the peace setting forth 
the facts. Upon such sworn complaint any justice of the peace 
may issue his warrant for the arrest of the paroled conviet, who 
mav then be taken by any sheriff or his deputy or any constable or 
police officer before any justice of tihe superior court in term time 
or vacation. Said convict may be remanded to jail to await the 
determination of tihe proceedings and may employ counsel in such 
proceedings. Tlie parole officer shall he entitled to the assistance 
at the hearing of the attorney-general or of the solicitor for the 
county in which the hearing shall be had. 

Sect. 5. If said justice upon hearing finds that the facts set Remanding 

f.,. • -, 1. ■!, T, ,,. paroled 

rorith ni said complaint are substantiailly true and that the public convict. 
good requires the rema'nding of the released convict to the state 
prison, the same shall be certified to the igovernor and council, who 



462 



Chapter 120. 



[1909 



Effect of 
remandmeiit. 



Information 
to parole 
ofBcer. 



If convict 
held on two 
or more 
sentences. 



Final dis- 
charge of 
paroled 
prisoner. 



Repealing 
clause; act 
takes effect 
on passage. 



shall revoke the permit, and the sherift' upon receiving notice of 
said revocation shall recommit said convict to the state prison. 

Sect. 6. A convict so recommitted shall serve the remainder 
of 'his maximum sentence and in computing the period of his con- 
tinement 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. 7. The county solicitors, the sheriffs and their deputies, 
and the police depa-rtments of the several cities shall, upon tihe 
request of the parole ofBcer, furnish to the latter such informaition 
as they may possess relative to tihe conduct of paroled convicts and 
such reasonahle assistance as he may require in his investigations. 

Sect. 8. Wihen a convict is committed to or held in the state 
prison upon two ov more sentences imposed as provided in this act, 
he shall be eligible to receive permit as authorized in section 2,. 
when he has served a term equal to the aggregaite of the minimum 
terms of the several sentemees, but he shall be subject to all the 
provisions of this act, until the expiration of a term equal to the 
aggregate of the maximum terms of said sentences. 

Sect. 9. Upon the expiration of the term of his maximum sen- 
tence as herein provided, a paroled prisoner shall be entitled to- 
receive a final discharge, provided that, at the time of sucli expira- 
tion, no proceedings are pending for his recommitment. Such 
proceedings shall be deemed to be pending when a warrant has 
issued as provided for in section 4 of this act. 

Sect. 10. Chapter 58 of the session Laws of 1901 and chapter 
67 of the session Laws of 1905 and all other acts and parts of acts 
inconsistent with this act are hereby repealed. This act shall take 
effect upon its passage. 

[Approved April 6, 1909.] 



1909] Chapter 121. 463 

CHAPTER 121. 

AN ACT RELATING TO THE TERMS OF THE SUPERIOR COURT IN AND FOR 
THE COUNTY OF GRAFTON, AND TO ABOLISH THE JUDICIAL DISTRICTS 
NOW EXISTING IN SAID COUNTY. 

Section i Section 

1. Judicial districts abolished. 1 5. Grand jury attendance. 

2. Terms of court, when and where ' 6. Jurors, how summoned. 

held. 

3. Trial lists, how made up. 

4. Prior writs and processes saved. 



7. Repealing clause ; act takes effect 
June 1, 1909. 



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

Section 1. So much of any existing act or law as divides the Judicial 
county of Grrafton into judicial districts is hereby repealed. abolished. 

Sect. 2. The terms of said court for t'he county of Grafton Terms of 
shall be held as follows, viz : On the third Tuesday in January at """"^ ' 
Lebanon ; on the second Tuesday in ]May at Plymouth ; and on the 
third Tuesday in September at Haverhill. 

Sect. 3. At each term of said court lists shall be made of the Trial lists, 
causes for actual trial, whicih, under the law as heretofore existing, 
would have been triable elsewhere in said county, 'and upon the 
conclusioin of its session at tihe regular place for holding said term, 
the court Shall at once proceed to hear and try said causes at the 
respective shire towns of said county, in turn, where they would 
have been triable heretofore ; and shall, when necessary, require the 
attendance of a jury at such place of trial. 

Sect. 4. All writs, processes, recognizances aind proceedings of Prior writs, 
every kind, issued, taken or begun before this act takes effect and ^ *^" ^^^'^ 
returnable at a term of court that would be held after this act 
takes effect, if this act was not passed, shall be returned and entered 
at the term of court to be Iheld at Haverhill on the third Tuesday 
of September, 1909, with like effect as if returned and entered at 
the terms specifically referred to therein. 

Sect. 5. Grand juries shall be summoned for attendance at each Grand jury. 
of said terms provided for by this act. 

Sect. 6. Jurors for service at each of the three places above Jurors, how 

. _ . . summoned. 

specmed may be summoned from the towns m the territory con- 
stituting the judicial district in which such shire town is situated, 
as such district existed at the time of the passage of this act. 

Sect. 7. All acts and parts of acts inconsistent with the provi- Repealing 
sions of this act are hereby repealed, and this act shall take effect takes effect 
on the first da}^ of June, 1909. ^"® ^' ^^°^' 

[Approved April 8, 1909.] 



464 



Chapters 122, 123. 



1909 



CHAPTER 122. 



Prior act 
repealed. 



Takes effect 
on passage. 



AN ACT REPEALING AN ACT OF THE SESSION LAWS OF 1909, ENTITLED 
*'AN ACT AMENDING SECTION 52, CHAPTER 79, OF THE PUBLIC 
STATUTES, RELATING TO FISH AND GAME.'' 



Sectiox 

1. Prior act repealed. 



Sectiox 

2. Takes effect on passage. 



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

Section 1. That an act amending section 52, chapter 79 of the 
Public Sitatutes relating to fish and game, approved ]\Iarch 17, 1909, 
and known upon its passage as house bill number 161, be and hereby 
is repealed. 

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

[Approved April 8, 1909.] 



CHAPTER 123. 



^N ACT RELATING TO NEGOTIABLE INSTRUMENTS (BEING AN ACT TO 
ESTABLISH A LAW UNIFORM WITH THE LAWS OF OTHER STATES ON 
THAT SUBJECT). 



Sec 

1 



6. 



FORM AND INTEEPRETATIOX. 
TION' 

Negotiable instrument, requisites of. 

Sum paj-able is sum certain, when. 

Promise to pay unconditional, when. 

Instrument payable at determina- 
ble future time, when. 

Promise to do act not negotiable. 

Facts not aflfecting validity or 
negotiability. 

Instrument payable on demand, 
when. 

Payable to order, when. 

Payable to bearer, when. 

Terms of instrument. 

Dates prima facie true. 

Xot invalid if antedated or post- 
dated. 

Insertion of date. 

Completing by filling blank. 

Same subject. 

Contract revocable until delivery; 
valid delivery, how made. 

Rules of construction. 

Xo person liable unless signature 
appears. 

Signature by agent. 



Sectiok 

20. Authorized agent so signing not 

liable. 

21. Signature by "procuration." 

22. Indorsement by corporation or 

minor. 

23. Forged or unauthorized signature 

inoperative. 

CONSIDERATIOK. 

24. Valuable consideration presumed. 

25. Value, what constitutes. 

26. When holding is for value. 

27. Lien-holder is holder for value. 
Failure of consideration as defense. 
Accommodation party, who is. 



28. 
29. 

30. 
31. 
32. 
33. 
34. 
35. 

36. 
37. 
38. 



NEGOTIATIOX. 

What constitutes. 

Sufficient indorsement, what is. 

Must be of entire instrument. 

Indorsement, varieties of. 

Special indorsement. 

Blank indorsement, how made 

special. 
Restrictive indorsement. 
Restrictive indorsee, rights of. 
Qualified indorsee, rights of. 



1909] 



Chapter 123. 



46^ 



Section 

39. Conditional indorsement, effect of. 

40. Negotiation when indorsement 

special. 
All payees must indorse. 
Indorsement to corporate officer. 
Correction in name. 
Negativing personal liability. 
Presumed date of indorsement. 
Presumed place of indorsement. 

47. Negotiabilit)', continuance of. 

48. Striking out unnecessary indorse- 

ments. 

Transfer for value without indorse- 
ment. 

Former holder may re-issue. 



41. 
42. 
43. 
44. 
45. 
4G. 



49. 
.50. 



RIGHTS OF THE HOLDER. 

51. May sue in own name. 

52. Holder in due course, who is. 

53. If demand paper overdue. 

54. Notice of infirmity, effect of. 

55. Title, when deemed defective. 

56. Notice of infirmity, what is. 

57. Rights of holder in due course. 

58. Rights of his transferee. 

59. Holder presumed to hold in due 

course. 

LIABILITIES OP P.4RTIES. 

60. Maker, engagements of. 

61. Drawer, engagements of. 

62. Acceptor, engagements of. 

63. Presumptive indorsers. 

64. Signer in blank before delivery, 

liability of. 

65. Negotiator before delivery or by 

qualified indorsement, warrant 
of. 

66. Unqualified indorser, warrant of. 

67. Of note payable to bearer. 

68. Indorsers liable in what order. 

69. Agent liable without indorsement, 

when. 

PRESENTMENT FOR P.WMENT. 

70. Necessity for. 

71. When to be made. 

72. Requisites of. 

73. Where to be made. 

74. E.xhibition of instrument. 

75. How made at bank. 

76. If party primarily liable is dead. 

77. If parties primarily liable partners. 

78. If several parties liable. 

79. Drawer not entitled to, when. 

80. Indorser not entitled to, when. 

81. Excusable delay. 

82. Dispensed with, when. 

83. Dishonor by non-payment. 

84. Effect of dishonor. 

85. Days of grace; instrument due on 

Sunday, etc., when payable. 



Section 

86. Time, how reckoned. 

87. Payment at bank. 

88. Payment in due course. 

NOTICE OF DISHONOR. 

89. Who entitled to notice. 

90. By whom given. 

91. Notice by agent. 

92. For whose benefit. 

93. Same subject. 

94. Of paper in agent's hands. 

95. Form of notice. 

96. May be oral or written. 

97. Given to party or agent. 

98. When person entitled is dead. 

99. Notice to partnership. 

100. Notice to joint parties. 

101. Notice to bankrupt. 

102. When to be given. 

103. If parties reside in same place. 

104. If parties reside in different places. 

105. Notice by mail. 

106. Same subject. 

107. Right of party notified. 

108. When notice to be sent. 

109. Waiver of notice. 

110. Who bound by waiver. 

111. Waiver of protest. 

112. Notice, when dispensed with. 

113. Excusable delay. 

114. Notice to drawer not required, 

when. 

115. Notice to indoi.^er not required, 

when. 

116. Of non-a?ceptance, when sufficient. 

117. Omission of notice, effect of. 

118. Protest, when required. 

DISCHARGE OF NEGOTI.\BLE INSTRUMENTS. 

119. Instrument, how discharged. 

120. Party secondarily liable, how dis- 

charged. 

121. Payment by such party not dis- 

charge. 

122. Renunciation by holder. 

123. Unintentional cancellation, et** 

124. Material alteration, effect of. 

125. Material alteration, what is. 

BILLS OF EXCHANGE. 
FORM AND INTERPRETATION. 

"Bill of exchange" defined. 



126. 
12 7. 
128. 
129. 
130. 
131. 



Drawee not liable until acceptance. 

Joint drawees. 

Inland and foreign bills. 

Fictitious drawee, etc. 

Referee in case of need. 



ACCEPTANCE. 

132. "Acceptance" defined. 

133. Written acceptance may be required. 

134. Acceptance on separate paper. 



466 



Chapter 123. 



1909 



Sectiox 

135. Promise to accept before bill drawn. 

136. Time for acceptance. 

137. Implied from retention, etc., of the 

bill. 

138. Wlien bill may be accepted. 

139. Acceptance general or qualified. 

140. General acceptance. 

141. Qualified acceptance. 

142. Effect of ; holder may refuse to 

take. 

PRESENTMENT FOR ACCEPTANCE. 

143. When necessarv. 

144. Non-presentment, effect of. 

145. When and to whom made. 

146. Day of presentment. 

147. Excusable delay. 

148. Presentment excused, when. 

149. Dishonor by non-acceptance. 

150. Right of recourse, how lost. 

151. Recourse after dishonor. 

PROTEST. 

152. For non-acceptance or non-payment. 

153. Form of protest. 

154. Bv whom made. 

155. When to be made. 

156. Where to be made. 

157. Pucsessive protests. 

158. If acceptor becomes bankrupt. 

159. Dispensed with, when. 

160. If bill lost. etc. 

ACCEPTANCE FOR HONOR. 

161. When and by whom. 

162. Form of. 

163. Honor of drawer implied. 

164. Acceptor's liability. 

165. Acceptor's engagement. 

166. Maturity, how calculated. 

167. Protest for non-payment. 



.Section 

168. Presentment for payment to ac- 

ceptor. 

169. Excusable delay. 

170. Dishonor by acceptor. 



171 
172 
173 
174 
175 
176 
177 



178. 
179. 
180. 
181. 
182. 
183. 



PAYMENT FOR HONOR. 

Who may pay. 

Notarial act of honor. 

On what founded. 

Preference between payers. 

Effect of payment. 

Refusal to receive pajanent. 

Payer entitled to bill and protest. 

BILLS IN A SET. 

Parts constitute the bill. 
True holder, who is. 
Indorsement of parts. 
Acceptance of parts. 
Acceptor's liability. 
Discharge of one part discharges 
whole. 



184. 

185. 
186. 

187. 
188. 
189. 



190. 
191. 
192. 
193. 
194. 
195. 
196. 



PROMISSORY NOTES AND CHECK&. 

"Negotiable promissory note" de- 
fined. 
"Check" defined. 
Presentment of check. 
Certification of check. 
Effect of certification. 
Check not assignment. 

GENERAL PROVISIONS. 
Meaning of sundry words. 
"Primarily" liable, meaning of. 
"Reasonable time," meaning of. 
Day of act falling on Sunday, etc. 
Existing instruments not affected. 
Law merchant governs, when. 
Takes effect .January 1, 1910; re- 
pealing clause. 



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

NEGOTIABLE IXSTRUMEXTS IN GEXER.\L. 
FORM AXD IXTERPRETATION. 



Negotiable 
instrument, 
requisites of. 



Section 1. An instrument to be negotiable mn^t conform to the 
t'oUoAving requirements : 

1. It must be in writing and signed by the maker or drawer; 

2. Must contain an unconditional promise or order to pay a 
sum certain in money; 

3. Must be payable on demand, or at a fixed or determinable 
future time; 

4. Must be payable to order or to bearer ; and 



1909] Chapter 123. 467 

5. Where tihe ins'trument is ^addressed to a drawee, he must be 
named or otherwke indicated therein with reasonable certainty. 

Sect. 2. The sum payable is a sum certain within the meaning J^^/^g^"J^'^^' 
of this act, although it is to be paid : certain. 

1. With intorest; or 

2. By stated installments ; or 

3. By stated installments, with a provision that upon default in 
payment of any installment or of interest, the whole shall become 
>due ; or 

4. AVith excihange, whether at a fixed rate or at the current rate ; 
vor 

5. With costs of collection or an attorney's fee, in case pay- 
ment shall not be made at maturity. 

Sect. 3. An unqualified order or promise to pay is uneonditional Promise to pay 
within the -meaning of this act, though coupled with : when. 

1. An indieatio'n of a panticular fund out of which reimburse- 
ment is to be made, or a particular account to be debited with the 
amount; or 

2. A statement of the transaction which gives rise to the instru- 
ment. 

But an order or promise to pay out of a particular fund is not 
unconditional. 

Sect. 4. An instrument is payable at a determinable future time, instrument 
within the meaning of this act. which is 'expressed to be payable : determinable 

1. At a fixed period after date or sight ; or when.^*™^' 

2. On OT before a fixed or determinable future time specified 
therein; or 

3. O'U or at a fixed period after the occurrence of a specified 
'.event, which is certain to iiappeii, though the time of happening 
be uncertain. 

An instrument payable upon a contingency is not negotiable, and 
the happening of the evemt does not cure the defect. 

Sect. 5. An instrument which contains an order or promise to Promise to 
<do any act in addition to the paym-ent of money is not negotiable, negotiable. 
But the negotiable oharacter of an instrument otherwise negotiable 
is not afi^ected by a provision wlhioh : 

1. Authorizes the sale of collateral securities in case the instru- 
ment be not paid at maturity; or 

2. Authorizes a confession of judgment if the instrument be not 
paid at maturity; or 

3. Waives the benefit of any law intended for the advantage or 
proteetion of the obligor; or 

4. Gives the holder an election to require something to be done 
in lieu of payment of money. 

But nothing in this section shall validate any provision or stipula- 
tion otherwise illegal. 



468 



Chapter 123. 



1909 



Facts not 
affecting 
validity or 
negotiability. 



Instrument 
payable on 
demand, 
when. 



Payable to 
order, when. 



Payable to 
bearer, when. 



Terras of 
instrument. 



Sect. 6. Tlie validity and negotiable character of an instrument 
are not affected by the fact that : 

1. It is not dated; or 

2. Does not specify the value given, or that any value has been 
given therefor; or 

3. Does not specif}^ the place wihe;re it is drawn or the place 
where it is payable; or 

4. Bears a seal; or 

5. Designates a particular kind of current money in which pay- 
ment is to be made. 

But nothing in this section shall alter or repeal any staitute 
requiring in oertain oases the nature of the consideration to be 
stated in the instrument. 

Sect. 7. An instrument is payable on demand: 

1. Where it is expressed to be payable on demand, or at sight, 
or on presentation; or 

2. In which no time for payment is expressed. 

Where an instrument is issued, accepted, or indorsed when' over- 
due, it is, as regards the person so issuing, accepting, or indorsing 
it, payable on demand. 

Sect. 8. The instrument is payable to order where it is drawn 
payable to the order of a specified person or to him or his order. 
It may be drawn payable to the order of : 

1. A payee who is not maker, drawer, or drawee; or 
The drawer or maker ; or 
The drawee ; or 
Two or more payees jointly; or 
Ome or some of several payees; or 
The holder of an office for the time being. 
Where the instrument is payable to order the payee must be 
named or otherwise indioated therein with reasonable certainty. 
Sect. 9. The instrument is payable to bearer : 

1. When it is expressecl to be so payable; or 

2. When it is piayable to a persion named therein or bearer ; or 

3. When, it is payable to the order of a fictitious or non-existing 
person and such fact was known to the person making it so payable ; 
or 

4. AVihen the name of the payee does not purport to be the 
name of any person ; or 

5. When the only or last indorsement is am indorsement in 
blank. 

Sect. 10. The instrument need not follow the language of this 
act, but any terms are suificient which clearly indicate an intentioai 
to conform to the requirements hereof. 



2. 
3. 
4. 
5. 
6. 



1909] 



Chapter 123. 



469 



Sect. 11. Where the iu.strumeiit or an acceptiance or any in- 
dorsement thereon is dated, such date is deemed prima facie to be 
the 'true date of the making, drawing, acceptance, or indorsement 
as the case may be. 

Sect. 12. The instrument is not invalid for the reason only tihat 
it is ■ante-dated or post-dated, provided this is not done for an 
illegal or fraudulent purpose. The person to whom an instrument 
so dated, is delivered acquires the title thereto as of the date of 
delivery. 

Sect. 13. Where an instrument expressed to be payable at a 
fixed period after date is issued undated, or where the acceptance 
of an instrument payable at a fixed period after sight is undated, 
any holder may insert therein the true date of issue or acceptance, 
and t:he instrument shall be payable accordingly. T'he insertion 
of a wrong date does not avoid the instrument in the ihands of a 
subsequent holder in due course ; but as to 'him, the date so inserted 
is to be regarded as the true date. 

Sect. 14. Where the instrument is wanting in any material par- 
ticular, the person in possession thereof has a prima facie 'authority 
to complete it by filling up the blanks therein. And a signature 
on a blank paper delivered by the person making the signature in 
order that the paper may be converted into a negotiaible instrument 
operates as a prima facie aut'hority to fill it up as suc'h for any 
amount. In order, however, that any such instrument when com- 
pleted may be enforced against any person who became a party 
thereto prior to its completion, it must be filled up strictly in 
accordance with the authority given and wit'him a reasonable time. 
But if any such instrument, after completion, is negotiated to a 
holder in due course, it is valid and efTpectual for aH purposes in 
his hiands, and he may enforce it as if it had been filled up strictly 
in accordance with the authority given and within a reasonable 
time. 

Sect. 15. AYhere an incomplete instrument has not been de- 
livered it will not, if completed and negotiated, without authority, 
be a valid contract in the hands of any holder, 'as against any 
persoin whose signature was placed thereon hefore delivery. 

Sect. 16. Every contract on a negotiable instrument is incom- 
plete and revocable until delivery of the instrument for the purpose 
of giving effect thereto. As between immediate parties, and as 
regards a remote party other than a holder in due eourse, the 
delivery, in order to be effectual, must be made either by or under 
the authority of the party making, drawing, accepting or indorsing, 
as the case may be ; and in such ease the delivery may be shown to 
have been conditional, or for a special purpose only, and not for 
the purpose of transferring the property in the instrument. But 
11 



Dates prima 
facie true. 



Not invalid if 
ante-dated or 
post-dated. 



Insertion of 
date. 



Completing by 
filling blank. 



Same subject. 



Contrarctrrev~- 
ocable until 
delivery; valid 
delivery how 
made. 



470 



Chapter 123. 



[1909 



Rules of 

construction. 



"Signers only 
liable. 



■Signature by 
.agent. 



Agent so sign- 
ing not liable. 



where the mstrument is in the hands of a holder in due course, a 
valid delivery thereof by all parties prior to him S'O as to make 
them liable to him is eo^nclusively presumed. And where the in- 
strument is no longer in the possession of a party whose signature 
appears thereon, a valid amcl intentional delivery by him is pre- 
sumed until the contrary is proved. 

Sect. 17. Where the language of the instrument is ambiguous, 
or there are omissions therein, the following rules of construction 
apply : 

1. Where the sum payable is expre-ssed in words and also in 
figures 'and there is a disorepancy between^ tlie two, the sum denoted 
by the words is the sum payable ; but if the words are ambiguous 
or uneertiain, reference may be had to the fig-ures to fix the amount ; 

2. Where the instrument provides for the payment of interest, 
without specifying the date from which interest is to run, the 
interest runs from the date of the instrument, and if the instrument 
is undated, from the issue thereof ; 

3. Where the instrument is not dated, it will be considered to 
be dated as of the time it was issued ; 

4. Where there is a conflict between the written and printed 
provisions of the instrument, the written provisions prevail; 

5. Where the instrument is so ambiguous that there is doubt 
w%ether it is a bill or note, the holder may treat it as either at his 
election ; 

6. Where a signature is so placed upon the instrument that it 
is not clear in what capacity the person making the same intemded 
to sign, he is to be deemed an indorser ; 

7. Where an instrument containing the words ''I promise to 
pay" is signed by two or more pereons, they ^are deemed to be 
jointly and severally liable thereon. 

Sect. 18. No person is liable on the instrument whose signature 
does not appear thereon, except as herein otherwise expressly pro- 
vided. But one who signs in a trade or as-sumed name will be 
liable to the same extent as if he had signed in his own mame. 

Sect. 19. The signature of any party may be made by a duly 
authorized agent. No particular form of appointment is neces- 
sary for this purpose ; and the authority of the agent may be 
establislhed as in other eases of agency. 

Sect. 20. Where the instrument ocmtains or a pereon adds to 
his signature words indicating that he signs for or on behalf of a 
principal, or in a representative capacity, he is not liable on the 
instrument if he was duly authorized; but the mere addition of 
words describing him as an agent, or as filling a representative 
character, without disclcsing his principal, does not exempt him 
from personal liability. 



1909] 



Chapter 123. 



471 



Sect. 21. A si-a-uiature bv "procuraition" operates a.s notice that Signature by 

..T,. . ,,, ..,. "procuration." 

the agent has but a limited authority to sign, and the principal is 
bound only in case the agent in so signing acted within the actual 
limits of his authority. 

Sect. 22. The indorsement or assignment of the instrument by indorsement 

"- ... by corporation 

a corporation or by an infant passes the property therein, notwith- or minor, 
standing that from want of capacity the corporation or infant may 
incur no liability the'reon. 

Sect. 23. Wliere a signature is forged or made without the Forged signa- 

. • tui'G etc in* 

authority of tihe persom whose signature it purports to be, it is operative.' 
wholly inoperative, and no right to retain the instrument, or to 
give a discharge tihereof, or to enforce payment therefor against 
any party thereto, can be aocjuired through or under such signature, 
imlesis the party against whom it is sought to enforce such rig'ht, is 
precluded from setting up the forgery or want of authority. 

COXSIDERATION. 



Sect. 24. Every negotiable instrument is deemed prima facie 
to have been issued for a valuable consideration ; and every person 
whose signature appears thereon to have become a party thereto 
for value. 

Sect. 25. Value is any eonisideration sufficient to support a 
simple contract. An ^antecedent or pre-existing debt constitutes 
value ; and is deemed such whether the instrument is payable on 
demand or at a future time. 

Sect. 26. Where value has at any time been given for the in- 
strument, the liolder is deemed a holder for value in respect to all 
piarties who became such prior to that time. 

Sect. 27. Where the holder has a lien on the instrument, arising 
either from contract or by implication of law, he is deemed a holder 
for value to the extent of his lien. 

Sect. 28. Absemce or failure of consideration is matter of de- 
fense as againsit any person net a holder in due course ; and partial 
failure of consideration is a defense pro tanto whether the failure 
is an ascertained and liquidated amount or otherwise. 

Sect. 29. An accommodation party is one who has signed the 
instrument as maker, drawer, acceptor or indorser, without receiv- 
ing value therefor, and for the purpose of lending liis iname to some 
other persion. Such a person is liable on the instrument to a holder 
for value, notwithstanding such holder at the time of taking the 
instrument knew him to be only an accommodation party. 



Presumption 



Value, what is. 



When holding 
is for value. 



Lien-holder. 



Failure of con- 
sideration as 
defense. 



Accommoda- 
tion party, 
who is. 



NEGOTIATION. 



Sect. 30. An instrument is negotiated when it is transferred what con- 
from one person to another in such manner as to constitute the 



472 



Chapter 123. 



[1909 



Sufficient 
indorsement. 



Must be of 
entire instru- 
ment. 



Varieties of 



Special in- 
dorsement. 



Blank indorse- 
ment, how 
made special. 



Restrictive 
indorsement. 



Restrictive 
indorsee, 
rights of. 



Qualified in- 
dorsee, rights 
of. 



transferee the holder thereof. If payable to bearer it is negotiat-ed 
by delivery; if payable to order it is negotiated by the indorsement 
of tihe holder completed by delivery. 

Sect. 31. The indorsement must be written on the instrument 
itself or upon a ipaper attached tlie'reto. The signature of the in- 
dorser, without additiom'al words, is a sufficient indorsement. 

Sect. 32. The indorsement must be an indorsement of the entire 
instrument. An indorsement, whidh purports to transfer to the 
indorsee a part only of the annount payable, or which purports to 
transfer the instrument to two or more indorsees severally, does 
not operate as a negotiation of the iinstrument. But where the in- 
strument lias been paid in part, it ma}' be indorsed as to tlie 
residue. 

Sect. 33. An indorsement may be either special or in blank, and 
it may also be either restrictive or qualified, or conditional. 

Sect. 34. A special indorsement sp'ecifies the person to whom, or 
to whose order, the instrument is to be paj'able ; and the indorse- 
ment of sucli indorsee is necessary to the further negotiation of the 
instrument. An indorsement in blaaik specifies no indorsee, and an 
instrument so indorsed is payable to bearer, and may be negotiated 
by deliver3^ 

Sect. 35. Tlhe holder may convert a blank indorsement into a 
special indorsement by writing over the signature of the indorser 
in blank any contract consistent with the character of the indorse- 
ment. 

Sect. 36. An indorsement is restrictive, which either : 

1. Prohibits the further negotiation of the instrument; or 

2. Constitutes the indorsee the agent of the indorser ; or 

3. Vests the title in the indorsee in trust for or to the use of 
some other person. 

But the mere absence of words implying power to negotiate does 
not make mi indorsement restrictive. 

Sect. 37. A re.strictive indorsement confers upon the indorsee 
the right : 

1. To receive payment, of the instrument; 

2. To bring any action thereon that the indorser could bring; 

3. To transfer his rights as such indoreee, where the form of the 
indorsement authorizes ihim to do so. 

But all subsequent indo^rsees acquire only the title of the first 
indorsee under t:he restrictive indorsement. 

Sect. 38. A qualified indorsement constitutes the indorser a 
mere assignor of the title to the instrument. It may be made by 
adding to the indorser 's signature the words "without recourse" 
or any words of similar import. Such an indorsement does not 
impair the negotiable character of the instrument. 



1909] 



Chapter 123. 



473 



Sect. 39. Wlhere an indorsement is eonditiona.1, a party required 
to pay tihe instrument may disregard the condition, and make pay- 
ment to the indorsee or 'his transferee, whether the condition has 
been fulfilled or not. But any person to whom an instrument so 
indorsed is negotiated, will ihold the same, or the proceeds thereof, 
subject to the rights of the person indorsing conditionally. 

Sect. 40. Where an instrument, payable to bearer, is indorsed 
specially, it may nevertheleiss be further negotLated by delivery ; but 
the person indorsing specially is liable as indorser only to such 
holders as make title throug'h his indorsement. 

Sect. 41. Where 'an instrument is payable to the order of two or 
more payees or indorsees who are not partners, all must indorse, 
unless the one indorsing has authority to inidorse for the others. 

Sect. 42. Where an instrument is drawn or indorsed to a person 
as "Cashier" or other fiscal officer of a bank or corporation, it is 
deemed prinia facie to be payable to the bank or corpoTation of 
wihich he is such officer; arid may be negotiated either by the in- 
dorsement of the bank or •corporation, or by the indorsement of the 
officer. 

Sect. 43. Where the name of a payee or indorsee is wrongly 
designated or misspelled, ihe ma.y indorse the instrument as therein 
described, adding, if he think fit, his proper siignature. 

Sect. 44. Where any person is under obligation to indorse in a 
representative capacity, he may indorse in such terms as to negative 
personal liability. 

Sect. 45. Except where an indorsement bears date after the 
maturity of the instrument, every negotiation is deemed 'pr'ima 
facie to have been effected before the instrument 'was overdue. 

Sect. 46. Except where the contrary appears, every indorsement 
is presumed prima facie to have been made at the place where the 
instrument is dated. 

Sect. 47. AiU instrument negotiable in its origin continues to be 
negotiable until it has been restrietively indorsed or discharged by 
payment or otiherwise. 

Sect. 48. The holder m'ay at any time strike out any indorse- 
ment which is not necessary to his title. The indorser whose in- 
dorsement is struck out, and all indorsers subsequent to him, are 
thereby relieved from liability on the instrument. 

Sect. 49. Where the holder of an instrument payable to his 
order transfers it for value without indorsing it, the transfer vests 
in the transferee such title as the transferer had therein, and the 
transferee acquires, in addition, the right to have the indorsement 
of the transferer. But for the purpose of determining whether the 
transferee is a holder lin due course, the negotiation takes effect as 
of the time when the indo'rsement is actually made. 



Conditional 
indorsement, 
effect of. 



Negotiation 
when indorse- 
ment special. 



All payees 
must indorse. 



Indorsement 
to corporate 
officer. 



Correction iu 
name. 



Xegativing 

personal 

liability. 



Date of in- 
dorsement. 



Pla^e of in- 
dorsement. 



Negotiability. 



Striking out 
indorsements. 



Transfer with- 
out indorse- 
ment. 



474 



Chapter 123. 



1909 



Former holder 
mav reissue. 



Sect. 50. Wliere au ins'triimeut is neg-o'fciated back to -a prior 
party, sucti party may, subject to the provisioiis of this act, reissue 
and further neg^otiate the same. But he is not entitled to enforce 
payment thereof against any intervening party to whom he was 
personally liable. 



RIGHTS OF THE HOLDER. 



May sue in 
own name. 



Holder in due 
course, who is. 



If demand 
paper overdue. 



Notice of 
infirmity, 
effect of. 



Title, when 
deemed de- 
fective. 



Xotiee of 
infirmity, 
what is. 



Eights of 
holder in due 
course. 



Sect. 51. The holder of a negotiable instrument may sue 
thereon in his own name; and payment to him in due course dis- 
charges the instrument. 

Sect. 52. A holder in due course is a holder who has taken the 
instrument under the following eonditionS' : 

1. That it is complete and regular upon its face ; 

2. That he became the bolder of it before it was overdue, and 
without notice that it had been previously dishonored, if such was 
the fact; 

3. That he took it in good faith and for value ; 

4. That at the time it was negotiated to him he had no notice of 
any infirmity in the instrumeint or defect in the title of the person 
negotiating it. 

Sect. 53. Where an instrument payable on demand is negotiated 
an unreasonable length of time after its issue, the holder is not 
deemed a> holder in due course. 

Sect. 54. Where the transferee receives notice of any infirmity 
in the instrument or defect in the title of the person negotiating the 
same before he has paid the full amount lagreed to be paid therefor, 
he will be deemed a holder in due course only to the extent of the 
amount theretofore paid by him. 

Sect. 55. The title of a person who negotiates an instrument is 
defective within the meaning of this act when he obtained the in- 
strument, or any signature thereto, by fraud, duress, or force and 
fear, or other unlawful means, or for an illegal consideration, or 
when he negotiates it in breach of faith, or under such circum- 
stances as amount to a. fraud. 

Sect. 56. To constitute notice of an infirmity in the instrument 
or defect in the title of the person negotiating the same, the person 
to whom it is negotiated must have had actual knowledge of the 
infirmity or defect, or knowledge of such facts that ihis action in 
taking the instrument amounted to bad faith. 

Sect. 57. A holder in due course holds the instrument free from 
any defect of title of prior parties, and free from defenses available 
to prior parties among themselves, and may enforce payment of the 
instrument for the full amount thereof against all parties liable 
thereon. 



1909" 



Chapter 123. 



475 



Sect. 58. In the hands of any holder other than a holder in due Rigias^oniis 
course, a iieigotiable in.s'trument is subject to the same defenses as 
if it were non-negotiable. But a holder who derives his title through 
a holder in due coui^e. a.nd \^iho is not himself a party to .any fraud 
or illegality affecting the instrument, has all the 'rights o'f such 
former holder in respect of all parties pricr to the latter. 

Sect. 59. Every holder is deemed j^rima facie to be a holder in ^^J^^^^J^^ 
due course ; but when it is shown that the title of any person who 
has negotiated the instrument was defective, the burden is on the 
holder to prove that he or some person under whom he claims ac- 
quired the title as holder in: due course. But the last mentioned 
rule does not apply in favor of a party who became boiind on the 
instrument prior to the acquisition of such defective title. 

liabilities of parties. 



Sect. 60. The maker of a negotiable instrument by making it 
engages that he will pay it according to ats tenor ; and admits the 
existence of the payee and his tlien capacity to indoree. 

Sect. 61. The drawer by drawing the instrument admits the 
existence of the payee and his then capacity to indorse; and en- 
gages that on due P'resentment the instrument will be accepted or 
paid, or 'both, according to its tenor, and that if it be dishonored, 
and the necessary proceedings on dishonor be duly taken, *he will 
pay the amount thereof to the holder, or to any subsequent indorser 
who may be compelled to pay it. But the drawer may insert in the 
instrument an express stipulation negativing or limiting his own 
liability to the holder. 

Sect. 62. The acceptor by accepting the instrument engages that 
he will pay it according to the tenor of his acceptance ; and admits : 

1. The existence of the drawer, the genuineness of his signature, 
and liis capacity and authority to draw the instrument ; and 

2. The existence of the payee and his then capacity to indorse. 
Sect. 63. A person placing his signature upon an instrument 

otherwise than as maker, drawer or acceptor is deemed to be an in- 
dorser, unless he clearly indicates by appropriate words his inten- 
tion to be bound in some other capacity. 

Sect. 64. Where a person, not otherwise a party to an instru- 
ment, places thereon his signature in blank before delivery, he is 
liable as indorser in accordance with the following rules : 

1. If the instrument is payable to the order of a third person, 
he is liable to the payee and to all subsequent parties. 

2. If the instrument is payable to the order of the maker or 
drawer, or is payable to bearer, he is liable to all parties subsequent 
to the maker or drawer. 



Engagements 
of maker. 



Of drawer. 



Of acceptor. 



Presumptive 
indorsers. 



Liability of 
signer in 
blank. 



476 



Chapter 123. 



[1909 



Warrant of 
negotiator be- 
fore delivery 
or by qualified 
indorsement. 



Of unqualified 
indorser. 



Of note paya- 
ble to bearer. 

Indorsers lia- 
ble in what 
order. 



Agent liable 
■without in- 
•dorsement, 
T»'hen. 



3. If he sig'us for the aecommodation of the payee, he is liable 
to all parties saibsequent to the payee. 

Sect. 65. Every person negotiating an instrument by delivery 
or by a qualified indorsement, warrants: 

1. That the instrument is genuine and in all respects what it 
purports to be; 

2. That he 'has a good title to it; 

3. That all prior parties had capacity to contract ; 

4. That he has no knowledge of any fact which would impair 
the validity of the instrument or render it valueless. 

But when the negotiation is by delivery only, the warranty ex- 
tends in favor of no holder other than the immediate transferee. 

The provisions of subdivision 3 of this section do not apply 
to persons negotiating public or eorporate securities, other than bills 
and notes. 

Sect. 66. Every indorser who indorsies without qualification, 
warrants to all subsequent 'holders in due course : 

1. The matters and things mentioned in subdi^^sions 1. 2 and 
3 of the next preceding section; and 

2. That the instrument is at the time of his indorsement valid 
and subsisting. 

And, in addition, he engages that on due presentment, it shall be 
accepted or paid, or both, as the case may be, according to its tenor, 
and that if it be idishonored, and the necessary proceedings on dis- 
honor 'be duly taken, he will pay tihe amount thereof to the holder, 
or to any subsequent indorser who may be compelled to pay it. 

Sect. 67. Where a person places his indorsement on am instru- 
ment negotiable by delivery he incure all the liability of an indorser. 

Sect. 68. As respects one another, indorsers are liable prima 
facie in the order in \yhich they indors'e; but evidence is admissible 
to show that as between or among themselves they 'have agreed 
otherwise. Joint payees or joint indoi'sees who indorse are deemed 
to indorse jointly and severally. 

Sect. 69. Wihere a broker or otlier agent negotiates an instru- 
ment without indorsement, he incurs all the liabilities prescribed 
by section 65 of this act, unless he discloses the name of his prin- 
cipal, and the fact that lie is acting only as agent. 



presentment for payment. 



Necessity for. Sect. 70. Presentment for payment is not necessary in order to 
charge the person primarily liable on the instrument; but if the 
instrument is, by its terms, payable at a special place, and he is able 
and mlling to pay it there at maturity, such ability and willingness 
are equivalent to a tender of payment upon his part. But except 



1909] Chapter 123. 477 

as iherein otlierwise provided, presentment for payment is necessary 
in order to charge the drawer and indorsers. 

Sect. 71. Where the insitrument is not payable on demand, pre- when to be 
sentment must be made on the day it falls due. Whefre it is paya- 
ble on demand, presentment must be made within a reasonable time 
after its issue, except that in the case of a bill of exchange, present- 
ment for payment w'M be siifficiemt if made within a reasonable time 
after the last neigotiation thereof. Upon a promissory no'te payable 
on demand, a demand made at the expiration of sixty days from the 
date thereof, without grace, or at any time within that term shiall 
be deeaned to he matle within a reasomiable time ; and 'any act, neglect 
or other thimg which by the provisions of this act is deemed equiva- 
lent to a presentment and demand on a note payable at a ifixed 
time, or which would dispense wi;th such presentment and demand, 
if it occurs at or within the sixty days shall be a dishonor thereof, 
and shall authorize the holder of the note to give notice of the dis- 
honor to the indorser as upon a presentment to 'the p'romisor, and 
his neglect or refusal to pay the same. No presentment of the note 
to the promisor and demand for payment shall charge tiie indorser 
unless made on or before the last day of the sixty days. 

Sect, 72. Preisentment for payment, to be sufficient, must be Requisites of. 
made : 

1. By the, holder, or by some person authorized to receive pay- 
ment on his 'behalf; 

2. At a reasonable hour on a business day ; 

3. A;t a proper place as herein defined ; 

4. To the person primarily liable on the instrument, or if he is 
absent or inaccessible, to any person found at the place where the 
presentment is made. 

Sect. 73. Presentment for payment is made at the proper place : where to be 

1. Where a place of payment is specified in the instrument and 
it is there presented ; 

2. ^Vliere no place of payment is specified, but the address of 
the person to make payment is given in the instrument and it is 
there presemted; 

3. Where no place of payment is specified and no address is 
given and the instrument is presented at the asual place of business 
or 'residence of the person to make payment ; 

4. In any other ease if presented to the person to make pay- 
ment wherever he can be found, or if presented at his last known 
place of business or residence. 

Sect. 74. The insitrument must be exhibited to the person from Exhibition of 
whom payment is demanded, and when it is paid must be delivered 
up to the party paying it. 



47S 



Chapter 123. 



1909 



Hinv made at 
bank. 



If party 
primarily lia- 
ble is dead. 



If parties 
primarily lia- 
ble partners. 



If several 
parties liable. 



Drawer not 
entitled to, 
■when. 



Indorser not 
entitled to, 
when. 



Excusable 
delay. 



Dispensed 
■with, ■when. 



Dishonor by 
non-payment. 



Effect of. 



Days of grace; 
instrument 
due on .Sun- 
day, etc., 
■when payable. 



Sect. 75. Wliere the instrument is payable .at a bank, present- 
ment for paj^ment must be made during banking hours, unless the 
person to make payment has no fun^ds there to meet it at .any time 
during the day, in whicih case presentment at any hour 'before the 
bank is closed on that day is sufficient. 

Sect. 76. Where the person primarily liable on the instrument 
is dead, and no place of payment is specified, p-resentment for pay- 
ment must be made to ihis personal representative if such there 'be, 
and if, witih the exercise of reasonable diligence, iie can be found. 

Sect. 77. Where the persons primarily liable on the instrument 
are liable as pairtncTs, and no place of payment is specified, pre- 
sentment for payment may be made to any one of them, even though 
there has' been a dissiolution of the firm. 

Sect. 78. Where there are several persons, not partners, pri- 
marily liable on the instrument, and no place of payment is speci- 
fied, press ntment must foe made to them all. 

Sect. 79. Presentment for payment is not required in order to 
charge the drawer where he has no right to expect or require that 
the drawee or acceptor will pay the instrument. 

Sect. 80. Presentment for payment is not required in order to 
charge an indorser where the instrument was made or accepted for 
his accommodation, and he has no reason to expect that the instru- 
ment will be paid if presented. 

Sect. 81. Delay in making preseintment for payment is excused 
when tihe delay is caused by circumstances beyond tlie control of 
the holder, and not imputable to his default, misconduct or negli- 
gence. When the cause of delay ceases to operate, presentment 
must be made with reasonable diligence. 

Sect. 82. Presentmemt for payment is dispensed with : 

1. Where after the exercise of reasonable diligence presentment 
as required by tihis act cannot foe made ; 

2. Where t'he drawee is a fictitious person ; 

3. By waiver of presentment express or implied. 

Sect. 83. The instrument is dishonored by nan-payment when: 

1. It iis duly presented for payment and payment is refused or 
cannot be obtained ; or 

2. Presentment is excused and the instrument is overdue and 
unpaid. 

Sect. 84. Subject to the provisions of this act. when the in- 
strument is dishonored by n'On-payment, an immediate right of 
recourse to all parties secondarily liable thereon accrues to the 
holder. 

Sect. 85. Every negotiable instrument is payafole at the time 
fixed therein without grace, except that three days of grace shall be 
allowed upon a draft or bill of exchange made payable within this 



1909] 



Chapter 123. 



479 



state at sight unless there i.s an express stipulation to the contrary. 
When the day of maturity falls upon Sunday, or a holiday, the in- 
.strumeut is payable on the next succeeding business day. Instru- 
ments falling due or payable on Saturday are to be presented for 
payment on the next succeeding 'business day, except that instru- 
ments payable on demand may, at the optdon of the holder, be pre- 
sented for payment before 12 o'clock noon on Saiturday ■w'hen that 
entire day is not a holiday. 

Sect. 86. Where the instrument is payable at a fixed period 
after date, after sight, or after the 'happening of a specified event, 
the ti'me of payment is determined by excluding the day from 
which the time is t'O l3egin to run. and by including t'he date of 
payment. 

Sect. 87. W^iere the instrument is made payable at a bank it is Payment at 
equivalent to an order to the bauk to pay the same for the account 
of the principal debtor thereon. 

Sect. 88. Payment is made in due course when it is made at or 
after the maturity of tHie instrument to the holder thereof in good 
fait'h and without notice that his title is defective. 



Time, how 
reckoned. 



bank. 



Payment in 
due course. 



NOTICE OP DISHONOR. 



Sect. 89. Except as herein otherwise provided, when a negotia- 
ble instrument has been disthonored by non-acceptance or non-pay- 
ment, notice of dis'honor must be given to the drawer and to each 
indorser, and any drawer or indorser to whom such notice is not 
given is discharged. 

Sect. 90. The notice may be given by or on behalf lof the holder, 
or 'by or om behalf of any party to tihe instrument who might be 
compelled to pay it to the holder, an^d \\ho, upon taking it up 
would h'ave a right to reimlmrsement from the party to whom the 
notice is given. 

Sect. 91. Notice 'of dishonor may be given by an agent eittier in 
his own name or in the name of any party entitled to give notice, 
whether that party be his principal or not. 

Sect. 92. A\^iere notice is given by or on belialf of the holder, 
it inures for the benefit of all subsequent holders and all prior 
parties who have a right of recourse against the party to whom it is 
given. 

Sect. 93. Where inotice is given by or on behalf of a party 
entitled to give U'otice, it inures for the benefit of the holder and all 
parties subsequent to the party to Whom notice is given. 

Sect. 94. Where the instrument has been dishonored in the 
hands of an agent, he may either himself give notice to the parties 
liable thereon, or he m'ay give notice to his principal. If he give 



Who entitled 
to. 



By whom 
given. 



Notice by 

agent. 



For whose 

benefit. 



Same subject. 



Of paper in 
agent's hands. 



480 



Chapter 123. 



1909 



Form of 
notice. 



May be oral 
or written. 



To party or 
agent. 



If person en- 
titled i3 dead. 



Notice to 
partnership. 



To joint 
parties. 



"To bankrupt. 



When to be 
given. 



If parties re- 
side in same 
place. 



notice to 'his principal, he must do so within the same time as if he 
were the 'holder, and the principal upon the receipt of such notice 
has himself the same time for giving notice as if the agent had 
been an independent holder. 

Sect. 95. A written notice need not be signed and an insufficient 
written notice may be supplemented and validated by verbal com- 
munieat'ion. A misdescrip'ticn of the instrument does not vitiate 
the notice unless the party to whom the notice is given i'S in fact 
misled tliereby. 

Sect. 96. The notice may be in writing or merely oral and may 
be given in any terms which sufficiently identify the instrument, 
and indicate that it has been disihonored by non-aeeeptanee or non- 
payment. It may in all cases be given iby delivering it personally 
or through the mails. 

Sect. 97. Notice of dishonor may be given either to the party 
hiiniself or to bis agent in that behalf. 

Sect. 98. When any party is dead, and his death is kniown to 
the parity giving notice, the notice must 'be given to a personal rep- 
resentative, if there be one, and if wit^h reasonable diligence he can 
be found. If there be no personal representative, notice may be 
sent to the last residence 'Or last place of business of the deceased. 

Sect. 99. Wihere the parties to 'be notified are partners, notice 
to any one partner is notice to the firm even though there has been 
a dissolution. 

Sect. 100. Xotice to joint parties who are not partners must be 
given to each of them, unless one of them has authority to receive 
such notice for tihe others. 

Sect. 101. Where a party has been adjudged 'a bankrupt or an 
insolvent, o^r has made am assignment for the benefit of creditors, 
notice may be given either to the party himself or to his trustee or 
assignee. 

Sect. 102. Notice may be given as soon as the instrument is dis- 
honored ; and unless delay is excused as Tiereinafter provided, must 
be given withiu the times fixed by this act. 

Sect. 103. Wliere the person giving 'aind the person to receive 
notice reside in the same place, notice must be given within the fol- 
lowing times: 

1. If given at the place of business of the person to receive 
notice, it must be given before t'he close of business 'hours on the 
day following; 

2. If given at liis residence, it must be given before the usual 
hiours of rest on the day following ; 

3. If sent b}' mail, it muvSit be deposited in the post-office in time 
to reach him in usual course on the dav following. 



1909] Cpiapter 123. 481 

Sect. 104. Where the person giving and the person 4:0 receive if parties re- 

, . , . • 1 • ii J? 1 ^'de in (iit¥er- 

notice reside in ditterent places notice must 'be given withm the rol- ent places, 
lowing times : 

1. If sent by mail, it must be deposited in t'he post-office in time 
to go by mail the day following the day of dishonour, or if there be 
no mail 'at. a convenient hour on that day, by the next mail there- 
after. 

2. If given otherwise than through the post-office, then within 
the time that notice would 'have been received in due course of mail, 
if it had been deposited in the post-office within the time specified 
in the last subdivision. 

Sect. 105. Where notice of dislionor is duly addressed and de- Notice by 
posited in tlie post-office, the sender is deemed to have given due 
notice, notwithstanding any miscarriage in the mails. 

Sect. 106. Notice is deemed to have ibeen deposited in the post- Same subject, 
office when deposited in any braoch post-office or in any letter-box 
imder the control of the post-office departni'ent. 

Sect. 107. W%ere a party receives notice of dishonor, he has, Right of party 

<.T • i> T • ^ . p . . . notified. 

alter the receipt or such notice, the same time tor giving notice to 
antecedent, parties that the holder has after the dishonor. 

Sect. 108. Where a party lias added an address to his signature, w-uere notice 
notice of dislhonor must be sent to that address ; but if lie h.as not 
given sucli address, then the notice must he sent as follows : 

1. Either to the post-office nearest to his place of iresidence, or 
to the post-office where he is accustomed to Teceive his letters ; or 

2. If he live iin one place, and have his place of business in 
another, notice may be sent to either place ; or 

3. If he is sojourning in 'another place, notice ma}^ be sent to 
the place 'where he is so sojourning. 

But where the notice is actually received by the party within the 
time specified in this act, it will he sufficient, th'ough not sent in 
acco'rdance with the requirements of this section. 

Sect. 109. Notice of dishon'Or may be -waived, eith'cr before the Waiver of 
time of giving notice has arrivc'd, or after the omission to give due °°"°^' 
notice, and the waiver may be express or implied. 

Sect. 110. Where the waiver is embodied in the instrument who bound by. 
itself, it is binding up'on all parties ; but wihere it is written above 
the signature of an indo'rs'er, it binds 'him only. 

Sect. 111. A waiver of protest, whether in the case of a foreign waiver of 
bill of exchange or^other negotialile iustrument is deemed to be a ^'■''*^'*- 
waiver not only of a formal protest, but also of presentment and 
notice of dishon'or. 

Sect. 112. Notice of dishonor is dispensed with wli^n, after the Notice, when 
exercise of reasonable diligence, it cannot be given to or does not dispensed with, 
reach the parties sought to be charged. 



482 



Chapter 123. 



1909 



Excusable 
.delay. 



Notice to 
drawer not re- 
quired, when. 



Notice to in- 
dorser not re- 
quired, when. 



■Of non-ac3ept- 
ance. when 
sufficient. 



If notice 
omitted. 



Protest, when 
required. 



Sect. 113. Delay in giving notice of dishonor is excused when 
•the delay is caused hy circuiiLstances beyond the conitrol of the 
holder and not amputable to his default, misconduct or negligence. 
"When the eanse of delay ceases to operate, notice must be given with 
r e ason able dil i gen c e . 

Sect. 114. Notice of dishonor is not required to be given to the 
drawer in either of the following cases : 

1. W'here the drawer and drawee are the same person; 

2. Where the drawee is a iictitiious person or a person not hav- 
ing capaciity to contract; 

3. 'Where the drawer is the person to whom the instrument is 
presented for payment ; 

4. Where the drawer has no right to expect or recjuire that the 
drawee or acceptor will honor the instrument : 

5. Where the drawer has countermanded payment. 

Sect. 115. Notice of dishonor is not required to be given to an 
indorsei" in either of the following eases: 

1 . Where the drawee is a fictitious person or a person not having 
capacity ito contiract, and the indoreer ^vas awaire of the fact at the 
time he indorsed the instrument; 

2. Where the indorser is the person to whom the instrument is 
presented for payment ; 

3. Where the instrument wias made or accepted for his accom- 
modation. 

Sect. 116. Where due notice of dishonor by non-acceptance has 
been 'given, notice of a subsequent dishonor by non-payment is not 
necessary, unless in the meantime the instrument has been accepted. 

Sect. 117. An omission to give notice of dishonor by non-ac- 
ceptanee does not prejudice the rights of a holder in due course 
subsequent, to the omission. 

Sect. 118. Where any negotiable instrument has been dishon- 
ored it may 'be protested for non-acceptance or non-piayment as the 
case may be ; but protest is not required, except in the case of 
foreign bills of exebange. 



DISCHARGE OF NEGOTIABLE INSTRUMENTS. 



Instrument, 
hovv' dis- 
charged. 



Sect. 119. A negotiable instrument is discharged: 

1. By payment in due course by or on behalf of the principal 
debtor ; 

2. By payment in due course by the party accommodated, 
where the instrumenit is made or accepted for accommod'ation ; 

3. By the intentional cancellation thereof by the holder ; 

4. By any other act which will discharge a simple contract for 
the payment of money ; 



1909] Chapter 123. 483 

5. Wihen the priucipal debtor becomes the holder of the instru- 
ment at or after maturity in his own right. 

Sect I'^O A person seoondarilv liable oai the instrument is dis- Party 

)jj^v,j.. j._v^. ^^ I ^ ^ secondarily 

charged : diSha?''ed 

1. By any act which discharges the instrument; cisciarge . 

2. By the intentional eaucellation of his signature by the holder ; 

3. By the discharge of a prior party ; 

4. By a valid tender of payment made by a prior party ; 

5. By a release of t'he principal debtor, unle^ss the 'holder's right 
of recourse against tlie party secondamly liable is expressly re- 
served ; 

6. By ainy agreement binding upon the holder to extend the 
time of payment, or to postpone the holder's right to enforce the 
instrument, unless made with the assent of t'he party secondarily 
liaible, or unless the right of recourse against such party is ex- 
pressly reserved. 

Sect. 121. Where the instrument is paid bv a partv secondarily Payment by 

■^ ... such party not 

liable thereon, it is not- discharged; but tihe party so paying it is discharge, 
remitted to ihis former rights as regards all prior parties, and he 
may strike out 'his own and all subsequent indcrsements, and again 
negotiate the instruiment, except: 

1. Where it is payable to the order of a third person, and has 
been paid by the drawer; and 

2. Wihere it was made or accepted for accommodation, and has 
been paid by the party accommod'ated. 

Sect. 122. The holder may expressly renounce his riglits against Renunciation 
any party to the instrument, before, at or after its maturitv. An ^^ ^^ 
absolute and unconditional renunciation of his rights against the 
principal debtor made at or after the maturity of the instrument 
discharges the instrument. But a renunciation does not affect the 
rights of a 'holder in due course without notice. A renunciation 
must be in writing, unless the instrument is delivered up to the 
person primarily liable thereon. 

Sect. 123. A eancellation made unintentionally, or under a mis- unintentional 
take, or without the antihority of the holder, is inoperative; but ^^^j;^''"^^^""' 
where an instrument or any signature thereon appears to have 
been cancelled the burden of proof lies on the party who alleges 
that the cancellation; was made unintentionally, or under a mistake 
Oir without authority. 

Sect. 124. Where a negotiable instrument is materially altered Material ai- 
withont the assent of all parties liable thereon, it is avoided, except '2^^'""'' ^^^"^ 
as against a party who has himself made, authorized or assented to 
the alteration and snbsequent indorsers. But when an iinst rumen t 
has been materiallv altered and is in the hands of a holder in due 



484 



Chapter 123. 



[1909 



Material al- 
teration, what 



course, not r party to the alteration, 'he maj' enforce payment 
thereof according to its original tenor. 

Sect. 125. Any alteration which changes : 
1. The date; 

The Slim payable, either for principal or interest ; 
The tinie or place of payment ; 
The nnmher or the relations of the parties; 
The anedium or currency in w'hich payment is to 'be made; 
Or which adds a place of payment where no place of payment is 
specified, or ^ny other change or addition whieli alters the effect of 
the instrument in any respect is a material alteration. 



2. 
3. 
4. 
5. 



BILLS OF EXCHANGE. FORM AND INTERPRETATION. 



"Bill of ex- 
change" de- 
fined. 



Drawee liable, 
when. 



Joint drawees. 



Inland and 
foreign bills. 



Fictitious 
drawee, etc. 



Referee in 
case of need. 



Sect. 126. A 'bill of exchange is an unconditional order in writ- 
ing addressed by one person to another, signed by the person giving 
it, requiring the person to ^yhonl it is addressed to pay on demand 
or at a fixed or detenminaible future time a sum certain in money 
to order or to bearer. 

Sect. 127. A ibill of itself does not openate as an assignment of 
the fuQids in the hands of the drawee available for the payment 
thereof land the drawee is n'Ot liable on the bill unless and until he 
accepts the siame. 

Sect. 128. A 'bill may 'be addressed to two or more drawees 
.iointly whether they lare partners or not; but not to two or more 
drawees in the alternative or in succession. 

Sect. 129. An inland bill of exchange is a bill which is, or on 
its face purpiorts tio be, both dr'awn and payable within this state. 
Any other bill is a foreign 'bill. Unless the eontrary appea'rs on the 
face of the 'bill, the Iholder miay treat it as an inland bill. 

Sect. 130. W'here in a bill drawer and draA\Te are the same per- 
son, or wheire^ the drawee is a fictitious pers'on, or a person not 
having capacity to contract, the holder may treat the instrument, 
at his option, either as a hill of excdiange 'or a promissory note. 

Sect. 131. The drawer of a bill and any indorser may insert 
thereon the name of a persion to whom the holder may resiort in case 
of need, that is to say, in case the bill is dishonored by non-accept- 
ance or non-payment. Such pers'on is called the referee in case of 
.need. It is in the option of the holder to resort to the referee in 
ease of need or not, as he may see fit. 



acceptance. 



"Acceptance"' 
defined. 



Sect. 132. The acceptance of a bill is the signification by the 
drawee of hm assent to the order of the drawer. The acceptance 
must "be in writing and signed 'by the drawer. It must not express 



1909] Chapter 123. 485 

that t'he drawee will perform his promise by any other means than 
the payment of mioney. 

Sect. 133. The holder of a bill presenting the same for accept- Maybere- 
anee may 'requi're that the aooeptanoe be written on the bill, and. if writing. 
such request is refused, may treat the bill as dishonored. 

Sect 13-i. Where an aeeeptance is written on a paper other on separate 

paper. 

than the bill- dtself . it does not bind the acceptor except m favor oi 
a peraon to whom it is shown, and who, on the faith thereof, receives 
the bill for value. 

Sect. 135. Am unconditional promise in writing to accept a bill Promise to 
before it is drawn is deemed an actual acceptance in favor of every 
person Who, upon the faith thereof, receives the bill for value. 

Sect. 136. The drawee is allowed twenty-four hours after pre- Time for 
sentment in which to decide whether or not he will accept the bill ; 
but the acceptance if given dates as of the day of presentation. 

Sect. 137. Where a drawee to w^hom a bill is delivered for ac- implied from 

retention, etc. 

ceptance destroys the same, or refuses within twenty-four hoiirs 
after such delivery, or within such lother period as the holder may 
allow, to return the bill accepted or non-accepted to the holder, he 
will be deemed to have accepted the same. 

Sect. 138. A bill may be accepted before it has been siigned by when bin may 
the drawer, or while otherwise incomplete, or wheU' it is overdue, or ^^ ^<'<=«p*^ 
after it has been dishionored by a previoiLs refusal to accept, or by 
non-payment. But \yhen a bill payable after sight is dishonored 
by non-aeeeptance and the drawee subsequently aeoepts it, the 
holder, in the absence of any different agreement, is entitled to 
have the bill accepted as of the date of the first presentment. 

Sect. 139. An aeeeptance is either general or qualified. A gen- Acceptance 
era! aeeeptance assents without qualification to the order of the qualified."'' 
drawer. A qualified acceptance in express terms varies the effect 
of the bin as drawn. 

Sect. 140. An aeeeptan'ce to piay at a particular plaee is a gen- General 
eral aeeeptance unless it expressly states that the bill is to be piaid '""'^p^^'"'^- 
there only and niot else-where. 

Sect. 141. An acceptance is qualified, which is: Qualified 

1. Conditional, that is to say, which makes payment hy the ac- ^'"^i^''*'^'="- 
ceptor dependent on the fulfilment of a condition therein stated ; 

2. Partial, that is to say, an acceptance to p^ay part omly of the 
amount for which the bill is drawn ; 

3. Lo'Cal, that is to say, an acceptance to pay only at a piarticular 
place ; 

4. Qualified as to time ; 

5. The acceptance of some one or more of the dra-wees, but not of 
all. 



486 



Chapter 123. 



[1909 



Effect of: 
holder may re- 
fuse to take. 



Sect. 1-42. The holder may refuse to take a qualified acceptance, 
and if he does n'ot oibtain an unqualified acceptance, he may treat 
the bill as dishonored by non-acceptance. Where a qualified accept- 
ance is taken, the draweir ^and indorseirs are discharged from liability 
on the bill, unless they have expressly or impliedly authorized the 
holder to take a qualified acceptamce, or subsequently assent thereto. 
When the drawer or lan indorser receives notice of a qualified ac- 
ceptance, he must within a reasonable time express his dissent to the 
holder, or he will be deemed to have assented thereto. 



PRESENTMENT FOR ACCEPTANCE. 



When neces- 
sary. 



Non-present- 
ment, effect 
of. 



When and to 
whom made. 



Day of pre- 
sentment. 



Sect. 143. Presentment for acceptanee must he made : 

1. Where the bill is payable after sight, or in any other case, 
where presentment for acceptance is necessary in order to fix the 
maturity of the instrument; or 

2. Where the bill expressly stipulates that it shall be presented 
for acceptance ; or 

3. Where the bill is 'drawn payable elsewhere than at the resi- 
dence or place of business of the drawee. 

In no other case is presentment for acceptance necessary in order 
to rein'der any party to the bill liiable. 

Sect. 144. Except as herein otherwise provided, the holder of a 
bill wfhich is required by the next preceding section to be presented 
for acceptance must either present it for acceptance or negotiate it 
^vithin a reasonable time. If he fail to do so, the drawer and all 
indorsers are discharged. 

Sect. 145. Presentment for aceeptanoe must be made by or on 
behalf of the holder at a reasonable hour, on a business day and 
before the bill is overdue, to the drawee or some person authorized 
to accept or refuse acceptance on his behalf ; and : 

1. Where a bill is addressed to tw^o or more drawees who are not 
partners, presentment must be made to them all, unless one has 
authority to accept or refuse aoceptance for all, in which case pre- 
sentment may be miade to him only. 

2. Where the drawee is dead, presentment may be made to his 
personal representative; 

3. Where the drawee has been adjudged a bankrupt or an in- 
solvent or has made an assignment for the benefit of creditor, pre- 
sentment may be made to him or to this trustee or assignee. 

Sect. 146. A bill may be presented for acceptance on any day 
on which negotiable instruments may be presented for pa^Tnent 
under the provisions of sections 72 and 85 of this act. When Satur- 
day is not otherwise a holiday, presentment for acceptance may be 
made before 12 o'clock noon on that day. 



1909 



Chapter 123. 4^7 



Sect. 147. Where tihe 'holder of a 'bill drawn paj-^able elsew-here Excusable de- 
thain lat tiie place of 'business or the residence of tlie dra^wee has 
n'ot time with the exercise of reasonable diligence to present the bill 
for acceptance before presenting it for paymeint on the day that it 
falls idiie, the delay caused by presentiaig the bill for lacceptance 
before presenting it for paymeint is excused and does not discharge 
the drawers and indorsers. 

Sect. 148. Presentment for acceptance is excused and a bill f^^,^^^^^^'^]"'®''^ 
may be treated as disihonored by non-acceptance, in either of the when, 
following cases: 

1. Where the drawee is dead, or has absconded, or is a fictitious 
person or a person not having capacity to contract hy hill ; 

2. Where, after the exercise of reasonable diligence, present- 
ment cannot be made; 

3. Where, although presentment has-been irregular, acceptance 
has been refused on some other ground. 

Sect. 149. A bill is dishonored 'bv non-acceptance: Dishonor by 

„ ' . , nou-accept- 

1. AVhen it is duly presented for acceptance and such an ac- ance. 
eept'ant-e sas is prescribed by this act is refused or cannot be ob- 
tained; or 

2. When presientment for 'acceptance is excused and the bill is 
not accepted. 

Sect. 150. Where a bill is dulv presented for acceptiau'ce ^and is Right of re- 

T • 1 • 1 -1 " T • 1 i- -i course, how 

not accepted withm the prescribed time, the person presentmg it lost, 
must treat the bill as dislhonored by non-acceptance or he loses the 
right of recoursie against the drawer ami inidorsers. 

Sect. 151. When a bill is dishoniored by non-acceptance, an im- Recourse af- 
mediate right of recourse againsit the drawers and indorsers ac- 
crues to the 'holder :a/nd mo presentment for payment is necessary. 

protest. 

Sect. 152. Where a foreign hill appearing on its face to be such For non- 
is dishonored by non-acceptance, it must be duly protested for non- non-p'a^>^ent! 
acceptance, and where such a bill which 'has mot previoiLsly been dis- 
honored 'by non-aooepbance is dishonored by non-payment, it must 
be duly protested for non-payment. If it is not so protesited, the 
drawer and indorsers are disclharged. Wihere la bill does U'Ot ap- 
pear on its face to be a foreign 'bill, protest thereof in case of dis- 
honor is unnecessary. 

Sect. 153. The protest must be annexed to the bill, or must con- Form of 
tain a copy thereof, and must be under the hand land seal of the 
notary making it, and must specify : 

1. The time and place of presenitment ; 

2. The fact that presentment -was made and the manner thereof ; 

3. T'he cause or reason for protesting the bill ; 



protest. 



4SS 



Chapter 123. 



[1909 



By -n-hom 
made. 



"When to be 
made. 



Where to be 
made. 



Successive 
protests. 

If acceptor 

becomes 

bankrupt. 



Dispensed 
with, when. 



If bill lost, 
etc. 



4. The 'demaiud made and the answer given, if any, or the fact 
tiiat the drawee or aeeepftoir could not be found. 
Sect. 15-1. Protest may be made by : 

1. A n'oitiary public ; 'or 

2. By any 'respectable resident of the place where the bill is dis- 
honored, ill tlie presence of two or moire credible witnesses. 

Sect. 155. When la bill is pirotested, such protest musit be made 
on the day of its dishonor, unless delay is excused as herein p'ro- 
vided. When 'a bill has been duly noted, the protest miay be sub- 
sequently ex'tended as of the date of the noting. 

Sect. 156. A bill must be p'rotested at the place where it is dis- 
honO'red, except that w*hen la bill dra^wn payable at the place of 
business, or residence of some person other than the drawee, has 
been dishonoired bj- non-acceptance, it must be pTiotested for non- 
payment at the place '■v^'here it is expiressed to be payable, and mo 
further presentment for payment to. or demand on, the drawee is 
necessary. 

Sect. 157. A bill which has been protesited for non-acceptanee 
may be subsequently protested for non-payment. 

Sect. 158. Where the acceptior has been adjudged a bankrupt 
or an insolvent or has made an assi'gnment for the benefit of 
creditors, before the bill matures, the holder may cause the bill to 
be protested for better security against the drawer and indorsers. 

Sect. 159. Protest is dispensed with by any circumstances 
which would idispense with notiee of 'dishonor. Delay in notiu'g or 
protesting is excusetd when delay is caused by circumstances beyond 
the control of the holder and not imputable to his default, miscon- 
duct, or negligence. When the cause of delay ceases to operate, the 
bill miLst be noted or protested with reasonable diligence. 

Sect. 160. Where a bill is lost or destroyed or is wrongly de- 
tained from the person entitled to hold it, protest may be made ooi a 
copy or written particulars thereof. 



acceptance for honor. 



When and by 
whom. 



Sect. 161. Where a bill of exchange has been protested for dis- 
honor by non-acceptance or protested for better security and is not 
overdue, amy person not 'being a party already liable thereon m'ay, 
with the consent of the holder, intervene and accept the bill supra 
protest for the honor of any party liable thereon or for the honor 
of the person for whose account the bill is dra^^^l. The 'acceptance 
for honor may be for part only of the sum for which the biM is 
drawn ; and where there has been an acceptance for honor for one 
party, there may be a further acceptance by a ditferent person for 
the honor of another party. 



1909] Chapter 123. 489 

Sect. 162. Au acceptance for honor supra protest must be in Form of. 
wrkiimg and indicate that it is lan acceptance for honor, and must be 
signed by the lacoeptor for honor. 

Sect. 163. Wlhere an acceptiance for honor does not expressly Honor of 
s;tate for whose .honor it is made, it is deemed to be an acceptance pued.^'" "" 
for the honor of the drawer. 

Sect. 164. The acceptor for honor is liable to the holder and to Acceptor's 
all parties to (the bill subsiequent to the party for whiose (honor 'he 'has ^'*'"^''^- 
accepted. 

Sect. 165. The acceptor for honor by such acceptance engages Acceptor's 
that he will oin due presentment pay the bill according to the terms ^•^sagement. 
of his acceptance, provided it shall not have been paid by the drawee 
and provided also, that it shall have been duly presented for pay- 
ment and protested for non-payment and notice of dis'honor given 
to him. 

Sect. 166. Wlnere a bill payable after sight is accepted for Maturity, how 
hom^or, its maturity is caliculated from the date of the notiinig for '=^''^^^'**^'^- 
non-iacceptanoe and not from the date of the acceptance for honor. 

Sect. 167. Where a dishonioired bill has been accepted for honor Protest for 
supra protiost or contains a reference in case of need, it must be '^°""P^>''^s'^*- 
protested for aion-payment before it is presented for payment to 
the acceptor for honor or referee in case of need. 

Sect. 168. Presientment for payment itio the acceptor for lnonor Presentment 
must be made las f olliows : fo'accepTof 

1. If it is to ibe po^es'snted in the place Where the protest for non- 
payment was made, it must be presented not later than the day fol- 
lowing its maturity; 

2. If it is to be p-resented in some other place than the place 
where it was priotesitied then it must be forwarded within the time 
specified in section 104. 

Sect. 169. The provisions of section 81 apply where there is Excusable 
delay in making presentment to the acceptor for honor or referee 
in case of need. 

Sect. 170. When the bill is disilionored by the acceptor for Dishonor by 
honor it musit be protested for mom-payment by him. "*^'^^'' °^' 

payment for honor. 

Sect. 171. Where a bill has l)eeu protested for non-payment, any who may pay. 
person may intervene and pay it supra protest for the honor of any 
persom liable thereon or for the honor of the person for whose 
account it was drawn. 

Sect. 172. The payment for honor supra protest in order to Notarial act 
operate as such and not as a mere voluntary paymeoit must be at- ° 
tested by a notiairial act of hionor which may be appended to the 
protest or form an extemsion to it. 



490 



Chapter 123. 



1909 



On what 
founded. 



Preference be- 
tween payers. 



Effect of 
payment. 



Refusal to 
receive pay- 
ment. 



Paver entitled 
to bill and 
protest. 



Sect. 173. Tiie inotairiia!! act of honor must be founded on a decla- 
natiion made by the payer for hoimor or by his agenit in that behalf 
declarinig his intention to pay the bill for honor and for \^'ihose 
honor he pays. 

Sect. 174. Wlhere two or more persons offer to pay a bill for 
the honor of different p'airtdes, the person whose payment will dis- 
charge most pairties to the 'biU is to be given the preference. 

Sect. 175. Wihere a bill has been paid for honor, all parties sub- 
sequent to the party for whose honor it is paid lare discharged, ibut 
the payer for honor is suhrogated for, and succeeds to, both the 
rights and duties of the holder as regards the party for v.-ihose 
honor he pays and all parties liable to the latter. 

Sect. 176. Where the hiolider of a bill refuses to receive payment 
supra protest, he loses his right of recourse against any party who 
would have been discharged by such payment. 

Sect. 177. The payer for honor, on paying to the holder the 
amount of the bill and the notarial expenses incidental to its dis- 
honor, is entitled to receive both the bill itself and the protest. 



BILLS IN A set. 



Parts consti- 
tute bill. 



True holder, 
who is. 



Indorsement 
of parts. 



Acceptance 
of parts. 



Acceptor's 
liability. 



Discharge 
of part 
discharges 
whole. 



Sect. 178. Where a bill is draA^Ti in a set, each part of the set 
being numbered and dontadning a reference to the otihier parts, the 
whole of the parts constitute one bill. 

Sect. 179. Where two or more parts of a set are negotiated to 
different holde^rs in due course, the holder whose title first accrues 
is as between sudh holders the true owner of the hill. But notihin'g 
in this section affects :tlie irig^hts of a person who in due coursie a-c- 
cepts or pays the part first presented to him. 

Sect. 180. Where the hiolder of a set indorses two or more parts 
to different persons he is liable on every S'uch part, and every in- 
dorser subsequent to him is liahle on the part he has himself in- 
dorsed, as if such parts were separate foilLs. 

Sect. 181. Tihe aooeptance may be ^written on any part and it 
must be written on one part only. If the drawee accep'ts more than 
one part, and snch accepted parts are negotiated to different ihold- 
ers in due course, he is liahle on every such part as if it were a 
separate bill. 

Sect. 182. When the acceptor of a bill drawn in a set pav-s it 
without requiring the part hearing !his acceptance be delivered up 
to him, and that part at maturity is outstanding in the hands of a 
holder in due course, he is liable to the holder thereon. 

Sect. 183. Except as herein otlierwise provided wlwre any one 
part of a bill drawn in a set is discharged by payment or other\\-ise 
the whole bill is discharged. 



1909] Chapter 123. 491 

promissory notes and checks. 

Sect. 184. A tnegotiable promiss-ory n'Ote within the meaning of "Negotiable 
this aot is an unconditional proinise in writing made by one person not™'dTfined. 
to another signed by the maker engaging to pay on demand, or at 
a fixed or determinable future time, a sum certain in money to 
order or to bearer. Where a note is drawn to the maker's own 
order, it is not complete until indoirsed by him. 

Sect. 185. A cheek is a bill of exchange drawn on a bank pay- "Check" de- 
able on demand. Except as herein otlierwise provided, the pro- ^"'"'^ 
visions of this act appli'cable to a 'bill of exchange payable on de- 
mand apply to a check. 

Sect. 186. A check must be presented for payment within a Presentment 
reasonable time after its issue or the drawer will be discharged 
from liability thereon to the extent of the loss caused by the delay. 

Sect. 187. "Wlhere a check is certified by the bank on which it is Certification. 
dirawn, the certification is equivalent to an acceptance. 

Sect. 188. W'here the holder of a check procures it to be ae- Eflfectof. 
cepted or certified the dra^wer anid all imdorsers are discharged from 
liability thereon. 

Sect. 189. A check of itself does not operate as an assignment check not 
of any part of tihe funds to tlie ciredit of the drawer with the hank, "^^'^"™''° • 
and the bank is not liable to the 'holder, unless and until it accepts 
or certifies the check. 

general PROVISIONS. 

Sect. 190. In this act, unless the context otherwise requires: Meaning of 
' ' Acceptance ' ' means an acceptance completed by delivery or noti- ^'^'^ ^ ^°^ ^' 
fioation. "Action" includes counter-claim and set-off. "Bank" 
includes any persion or association of persons carrying on the busi- 
ness of banking, whether incorporated or not. "Bearer" means 
the person in possessiion of a bill or mote which is payable to bearer. 
' ' Bill ' ' means bill of exohange, and ' ' note ' ' means negotiable prom- 
issory note. "Delivery" means transfer of possession, actual or 
constiructive, from one person to another. "Holder" means the 
payee •or indorsee of a bill or note, who is in possession of it, or the 
bearer thereof. " Indorsememt " means an indorsement completed 
by delivery. "Instrument" means negotiable instrument. "Issue" 
means the first delivery of the instrument, complete in form to a 
person who takes it as a holder. "Person" includes a body of per- 
sons, whether incorporated or not. "Value" means valuable con- 
sideration. "Written" ineludes printed, and "writing" includes 
print. 



492 



Chapter 124. 



[1909 



'■Primarily" 
liable, mean- 
ing of. 



"Reasonable 
time," mean- 
ing of. 



Day of act 

Sunday, etc. 



Existing 
instruments 
not affected. 



La w mer- 
chant. 



Takes effect 
January 1, 
1910; repeal- 
ing clause. 



Sect. 191. The peirsom "primarily" liable on an instrument is 
the person who by the terms of the instrument is absolutely ire- 
quired to pay the same. All other parties are "secondarily" liable. 

Sect. 192. In determkiing what is a "reasonable time" or an 
" uureiasonable time" regard is to be had to the nature of the in- 
strument , the usage of trade or business (if any) with respect to 
such instruments, aind the facts of the particular case, except as 
otherwise specitically pirovided 'by section 71 of this act. 

Sect. 193. Where the day, or the last day, for doing any act 
herein required or permitted to be done falls on Sunday or on a 
holiday, the act may be done on the next succeeding secular or 
business da}'. 

Sect. 191. The provisions of tlhis act do not apply to negotiable 
instruments made and delivered prior to the time this act takes 
effect. 

Sect. 195. In any case not provided for in this act the rules of 
the law merchant shall 'govern. 

Sect. 196. This act shall take effect on the first day of January 
1910; and -all acts and parts of acts inconsistent therewith are 
hereby ^repealed. 

[Approved April 8, 1909.] 



CHAPTER 121. 



AN ACT IN ADDITION TO AND' IN AMENDMENT OF CHAPTER 10 OF THE 
PUBLIC STATUTES RELATING TO THE COMMITMENT AND SUPPORT OF 
INSANE PERSONS. 



Section 

1. Medical examinations, by whom 
made. 



Section' 

2. Repealing clause: act takes effect 
on passage. 



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



Medical ex- 
aminations, by 
whom made. 



Section 1. Amend section 18 of chapter 10 of Public Statutes 
of the State of New Hampshii-e, by adding to the end thereof the 
following: -The pihysicians miakimg such examination shall be le- 
gally registered to practise medicine an New Hampshire, and in the 
•actual practice of their profession at the time of said examiniation 
and for at least three years prior tliereto. They shall act .jointly in 
making said examination and their certificate shall bear the date of 
said examination. Neither of said physicians shall be a relative of the 
person alleged to be insane, or an ofificial of the institution to which 



1909] Chapter 125. 493 

it is proposed to coiinmit sueh person. Any \'dol'atiaii of tlie ternLs 

of this act may be piiniisiied by a fine not exoeedimg one hundred 

dollars. The certificate of insanity shall be in the form prescribed 

by tiie oonimission and shall contain the facts and circumstances / 

upon which the judgment of the physicians is based, -t 

Sect. 2. All acts and parts of acts incoinsistent with this act Repealing 
are liereby repealed, and this act shall take effect upon its passage, takes effect 



[App-roved April 8, 1909.] V 



on passage. 



CHAPTER 125. 



AN ACT IN RELATION TO DIVIDENDS OF SAVINGS BANKS. 
Section 1. Dividends, how limited. 

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

Section 1. Xo saving.'? 'bank sliall pav dividends in excess of Dividends 

how limited. 

three and one-half per cent, per annum unless said bank has ac- 
cumulated a guaranty fund equal in amount to five per cent, of its 
deposits, nor unless the total value of tihe assets of such savings 
bank, as determined by the bank commissioners at the last preceding 
annual valuatiion, shall exceed the amount due the depositor by at 
least, five per cent. ; and no savings bank having a guaranty fund of 
less than five per cent, of the deposits, or the value of iwhose assets 
as above determined does not exceed the deposits by at least five per 
cent, shall declare in any one year dividends exceeding in amoiuit 
the net income actually earned or collected by said bank during the 
year, after providing for the requirements of the guaranty fund. 
[Approved AprU 8, 1909.] 



494 



Chapter 126. 



[1909 



CHAPTER 126. 



AN ACT TO PROHIBIT FREE TRANSPORTATION OF PASSENGERS BY 

CARRIERS. 



Meaning of 
certain words. 



Free trans- 
portation 
prohibited; 
exceptions. 



Section 



Meaning of certain words. 

Free transportation prohibited; ex- 
ceptions. 

To' newspaper piiblishers, etc., pro- 
hibited. 

Evasion by special rate. 

Carriers to keep list of passes. 



Section 

6. Penalties for violation. 

7. Particeps criminis not excused from 

testifying. 

8. Limitation of act. 

9. Repealing clause; act takes effect 

on passage. 



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

Section 1. (1) The word "carrier" as used in this act shall be 
construed to mean all common carriers of passengers, includirag 
railroads. 

(2) The words "employees," "surgeons," "physicians" and "at- 
tomeys-at-law, " as used in this act, shall be construed to mean 
only such persons of each of such classes as are in the employment 
of the carrier in the transaction of its business. The word "em- 
ployee" as used in this act shall not be construed so as to include 
political legislative agents. 

Sect. 2. No carrier shall, directly or indirectly, issue or give 
any free ticket, free pass or free transportation for passengers 
between points witiiin this stiate, except to its officers and employees 
and their families, to its surgeons, physicians, and atto'meys-at-law, 
to ministers of reldgion, traveling secretaries of Railroad Young 
Men's Cihristian Assoiciations, inmates of hospitals and charitajble 
and eleemosynary institutions, and persons exclusively engaged in 
charitable and eleemosymary work ; to indiigent, destitute and home- 
less persons ; and to such persons when transported by charitable 
societies or hospitals, and tlie necessary agents employed in such 
transportation ; to inmates of the national homes or state homes for 
disabled volunteer soldiers, and of soldiere' and sailore' homes, in- 
cluding tihose about to enter and those returning home after dis- 
charge ; to the officers and executive board of the New Hampshire 
Veteran Association for the exclusive purpose of arranging for its 
annual reunions; to necessary caretakers of live stock, poultry, fruit 
asnd perisihaible property ; to employees on parlor, sleepin>g, dining 
and express cars, and to linemen and otiher employees of telegraph 
and telephone companiies ; to railway mail service employees, past- 
office inspectors, customs inspectors and immigration inspectors; to 
policemen and firemen while in dischiarge of their duties ; to news- 



1909] Chapter 126. 495 

boys and vendora on trains, baggage agents, witnesses attending any 
legal investiigation in wbieh tlie carrier is interested, peirsons injured 
•in wrecks and p-hysiclans 'and nurses attending such persons; pro- 
vided, that the foregoing provisions sball not be construed to pro- 
bibit tbe issue, or giving of passes for the officers and employees of 
other railroads or common carriers ; nor t'O prohibit any carrier from 
carrying passengers free with the object of providing relief in cases 
of general epidemic, pestilence, or other calamitous visitation. 

Sect. 3. No common carrier s:hiall sell or f urnislh transportation to newspaper 
to any newspaper publisher, his agents, or employees, at any special et"./pro^-^' 
or reduced rates, for services rendered or to be rendered, and all i"'i't<'<i- 
contracts for advertisin'g between newspaper pubidshers and com- 
mon carriers shall he made at regular rates, and all paymente under 
sucli contracts shall be made in full, and such contracts sihall he 
open to inspection hy the attorney-general at all times. 

Sect. 4. No carrier sihaill directly or indirectlv issue or give Evasion by 

. T 'i j_ i 1 spe-^'ul rate. 

transportation to any person at a special or reduced rate, or other- 
wise, 'with the purpose of evading the provisions of the preceding 
sections. 

Sect. 5. Every carrier shall keep a correct list of all passes by can-iers to 
it issueil, except those issued to its employees and their families and passes. 
exchange, interstate passes issued under the laws of the Uniited 
States. Such list shall contain the name of each person to whom a 
pass is issued and a general deseniption of said pa.ss. A copy of 
such list for the preceding year, in such form as the attorney-general 
may prescribe, shall be filed with the attorney-general, for his use, 
in the month of January in each year and shall be a public record, 
open to public inspection under such regulations as the attorney- 
general may prescribe. Sudh list together with the books, records 
and papers of the carrier so far as relevant, shall be open at all 
times to the inspection of the attorney-general, who shall examine 
the same whenever he deems it necessary to the due enforcement of 
this act. 

Sect. 6. Any carrier and any officer or agent of a carrier vio- Penalties for 
lating any of the foregoing provisions shall, on conviction, be fined ^"' ''''""' 
not less than one hundred dollars nor more than one thoiLsand dol- 
lars. Any person, other than the persons excepted from the pro- 
visions of the foregoing section, who uses any sudi free ticket, free 
pass, free, special or reduced fare transportation shall, upon con- 
viction, be fined not less than one hundred dollars inor more than 
one thousand do'llars. 

Sect. 7. No person shall be excused from testifying in a pro- PerUceps 
ceeding instituted against another person or a corporation under test'^mony of. 
the foregoing sections, for the reason that he may thereby criminate 
himself; but no testimonv so given bv him shall he used, directlv or 



496 



Chapter 121 



[1909 



Limitation 
of act. 



Repealing 
clause ; act 
takes effect 
on passage. 



iudirectly, las eviden'ce against liimi in .any prosecution, nor sball he 
be prosecuteid thereafter for any offense so disclosed 'by 'Mm. 

Sect. 8. Nothing contained in this act shall in any way affect 
tlie provisions of e!hapter 155 of the Public Statutes, or chapter 79 
of the Daw's of 1907, entitled "An Act to prohibit Free Trans- 
portation by Common Carriers and for Other Purposes." 

Sect. 9. All acts and pa.rts of acts inconsistent with this aet are 
hereby repealed and this a^ct shall take effect upon its pa.ssage. 

[Approved April 8, 1909.] 



CHAPTER 127, 



AN ACT IN AMENDMENT OF AN ACT ENTITLED "aN ACT TO PROHIBIT 
FREE TRANSPORTATION OF PASSENGERS BY CARRIERS'* PASSED AT 
THIS SESSION. 



Section 

1. Prior act takes effect May 15, 1909. 



Section 

2. Repealing clause: act takes effect 
on passage. 



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



Prior act 
takes effect 
May 15, 1909. 



Repealing 

clause: act 
takes effect 
on passage. 



Section 1. The act "To prohibit Free Transportation of Pas- 
sengers by Carriers" passed by the legislature at this session is 
hereb}^ amended so that said act .s^hall take effect on ]May 15. 1909 
insifcead of on its passage. 

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

[Approved April 9, 1909.] 



1909 



Chapter 128. 



497 



CHAPTER 128. 



AN ACT TO IMPROVE THE STATE SYSTEM OF FOREST PROTECTION. 



Section 


Sect 


1. 


Forestry commission created. 


12. 


2. 


State forester, appointment, duties. 


13. 




etc. 


14. 


3. 


To co-operate with counties, towns. 


15. 




etc. 


16. 


4. 


Forest fire wardens, appointment. 


17. 




etc. 


18. 


5. 


In unincorporated places. 




6. 


To serve in group of towns. 


19. 


7. 


Duty of warden. 


20. 


8. 


May call for assistance. 


21. 


9. 


Expense of fire-fighting, how borne. 


22. 


10. 


Expense in unincorporated places. 




11. 


Reports of fire wardens. 





Kindling fires on public land, etc. 
Brush fire in time of drought. 
Fires from matches, cigars, etc. 
Right of wardens to arrest. 
Liability for damages by fire. 
Neglect of duty, penalty. 
Failure to extinguish fire, etc., 

penalty. 
Disposition of fines. 
Establishment of public parks. 
Appropriation of |4,000. 
Repealing clause; act takes effect 

Mav 1, 1909. 



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

Section 1. On the. first day of May, 1909, the gaverno.r, with the Forestry 
advice of 'the coimci'l, shall appoint a forestry commission of three er^ted.^""^ 
members, one of whom shall hold otfice for one year, one foir two 
years, amd one for three years, and thereafter shall appoint their 
sucoess'Oirs for terms o'f threie years each ; the said com mission e'rs to 
serve without compensatioin, but to receive for their le^timate ex- 
penses in the exercise of ■tlheir duties such sums as the governor and 
couneil shall axidit and approve, to he paid from the treasury upon 
warrant of the governor. 

Sect. 2. The forestry commission shall appoint 'a state forester state forester, 
to serve at the wall of the commission at a salary to be fixed by duties, etc. 
them, not exoeeding $1,800. He shall be allowed reasonable trav- 
eling and field expenses incurred in the necessary performance 
of his official duties. He shall maintain headquarters at the state 
capital, amd shall be allowed necessa^ry office expenses. He shall, 
as far as his duties as state forester may permit, carry on an edu- 
cational course of lectures oii forestry at tlie farmers' institutes 
and similar meetings within the state. He shall, under the super- 
vision of the forestry commission, execute all matters pertaining to 
I'orestry within the jurisdiction of the state. He shall he state 
forest fire warden, and shall receive no a-dditionail eompensation 
therefor, but shall receive his necessfarj^ traveling and other ex- 
penses. He shall co-operate wdth a!ll the fire wardens in the state, 
and aid and direct them in their duties. It shall be his duty to see 
that the fire wardens throughout the state take such action as is 
authorized by law to prevent 'and extinguish forest fires. He shall, 
under direction of the forestr\^ commission, prepare biennially a 



498 



Chapter 128. 



1909 



To co-operate 
with counties, 
towns, etc. 



Forest fire 
wardens, ap- 
pointment, 
etc. 



report to "the governor on the progress and condition of state forest 
work and recommend therein plans for improving the state system 
of forest protection, management, and replacement. Suoh report 
sihall contain an itemized statement of all expenses incurred or au- 
thorized by ihe state forester or by the forestry commissicm. 

Sect. 3. T'he state forester sli'all, upon request and whenever he 
deems it essential to tlie 'best interests of tlie people of the state, 
co-ope'rate with counties, to^^^ls, corporations, and individuals in 
preparing plans for the protection, management, and replacement 
of trees, woodlots, and timber tracts, on consideration and under an 
agreement tliat t'he parties obtaining such assistance pay his field 
expenses while he is employed in preparing said plans. 

Sect. 4. The selectmen of all townis and the mayors of all cities, 
and other citizens, shall, as soon as may be after this act takes 
effect, recommend to the state forester the names of such persons 
'as may in their estimation be fit to fill the offices of forest fire 
wardens in their respective towns and cities. After imvesti'gation, 
the state forester may choose from the persons recommended, as 
above prescribed, not more than one competent person in each 
town and city to be forest fire warden for said towTi or city. Upon 
the appoiintment of a forest fire warden by the state forester in any 
town or city, the term of office of t'he forest fire warden or the terms 
of office of the forest fire wardens then or theretofore acting as such 
in said cdty or town shall imme'diately cease, and the new appointee 
shall thereafter serve as such officer until his death, resignation or 
remova;!. The state forester shall have the power, in the exercise of 
his discretion, to remove any forest fire warden from office. Upon 
the termination in any manner of the term of office of any forest 
fire wairden, a successor shall be appointed in the manner herein- 
before provided for the appointmemt of such officers originally. In 
time of drougiht the forest fire wardens, themselves or by some 
agent or agents designated by them shall, when directed by the 
state forest fire warden, patrol the woo'ds in their resipective cities 
or towns, 'warning pers'ons \Vbo traverse the woods, campers, hunters, 
fishermen and otlhers, about lighting and extinguishing fires. They 
shall post extracts from the fire la\\-s, and other notices sent to 
them by the state forest fire warden, alon^g the highways, along 
streams and waters freq-uented by tourists and others, at camp sites 
and in other public places. If, in woodlands thus 'posted, any per- 
son, otlher than the owner of said lands or his agents acting under 
his direction, sihall build fires w^hen warned not to do so by the 
forest fire warden, or shall fail to extin'guisih a fire when ordered 
to do so by 'the warden, he may 'be arrested 'by tlie state forest fire 
warden or the town foi'^est fire warden without a warrant. 



1909] Chapter 128. 499 

Sect. 5. In unincorporated places the state forest fire warden lu unincor- 
may appoint one or more deputy forest fire wardens to have the places, 
same powers and the same duties as the town forest fire wardens. 
When so appointed by the state forest fire warden, said deputy 
shall succeed the present incumbent, if any. The state forest fire 
warden shall ihave power to remove deputy forest fire wardens from 
office, at his discretion. 

Sect. 6. The state forest fire warden may, in his discretion, in group 
appoint a forest fire warden to serve in a group of towns or un- ° '*^°^' 
incorporated piaces, or iboth, instead of appointing one such warden 
for each town or place. 

Sect. 7. It shall be the duty of the town forest fire warden to Duty of 
extinguish all brush or forest fires occurring in his town, and he 
may call such assistance as ihe 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 tiie warden's 
call for his assistance or the use of his property, he shall be 
fined not exceeding ten dollars. Forest fire wardens in towns and 
unincorporated places shall be allowed for their services performed 
under this act such remuneration as may be fixed by the forestry 
commission or the state forester. The owners of all property re- 
quired by a forest fire warden in the extinguishment of a forest 
or brush fire shall receive reasonable compensation therefor. 

Sect. 8. In case the forest fire warden and the persons sum- Maycaiifor 
moned to assist him or to furnish the use of property, shall fail to ^^®'«'^°'=«- 
agree upon the terms of compensation at the time of or after the 
required service has been rendered, the dispute shall be referred 
to the commissioners of the county, in which the city or town is 
located, for final settlement. 

Sect. 9. The expenses of fighting fires in towns and cities shall Expense of 
be borne equally by the town or city and by the state. The town SowSne^' 
and citv forest fire wardens shall render to the selectmen or mayor, 
as the ease may be, a statement of said expense within one month of 
the date they are incurred, which said bill shall show in detail the 
amount and character of the services performed, the exact dura- 
tion thereof, and all di.'ibui'sements made by said wardens; said 
bill shall be audited, and if approved by the selectmen of the town 
or mayor of the city, wherein such services were rendered and ex- 
penses incurred, shall be paid on the order of said selectmen by the 
town or city treasurer. A duplicate bill, showing that the same 
has been audited and paid by the town, shall be filed by the town 
or city treasurer witli the state forest fire warden, who shall draw 
his order on the state treasurer in favor of said town for the portion 
of said bill for which the state is liable in accordance with the 
provisions of this section. 



500 



Chapter 128. 



1909 



Expense in 
unincorpo- 
rated places. 



Reports of 
wardens. 



Kindling fires 
on public 
land. etc. 



Brush fire 
in time of 
drought. 



Fires from 
matches, 
cigars, etc. 



Right of 
wardens to 
arrest. 



Sect. 10. The deputy forest fire wardens in miincorporated 
places shall render to the state forest fire warden a statement of 
such expenses as they have lawfully incurred under this act in 
fighting or preventing fires in W'oodlands within one montli of the 
date upon wihich such expenses are incurred. The aforesaid state- 
ment s'hall show in detail the amount and character of the services 
performed, the exact duration thereof, and all disbursement so 
made by said deputy forest fire wardens. The aforesaid statement 
shall be audited by the state forest fire warden and if by him ap- 
proved he shall draw an order upon the state treasurer for the 
same. All expenses incurred in an unincorporated place under this 
act shall be borne equally by the state and said unincorporated 
place ; but the total expenses shall be paid in the first instance from 
the state treasury, and one-half thereof shall be added to the tax 
assessed the following year against said place in the same manner 
as is provided by chapter 62 of the Public Statutes for the assess- 
ment of taxes in unincorporated places generally. 

Sect. 11. Town and other forest fire wardens shall make reports 
o'f their doings to the state forest fire warden in such for?n and at 
such times as the state forest fire warden 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. 12. No person sliall kindle a fire upon public land without 
permission first had from the forestry commission or the town forest 
fire warden, or from the official care-taker of such public laud. No 
person shall kindle a fire upon tlie land of another without per- 
mivssion first had from the owner thereof or from the o^^Tier's 
agent. 

Sect. 13. During times of drought no person shall kindle a 
fire or bum brush in or near woodland without the written permis- 
sion or the presence of the forest fire warden. 

Sect. 14. Fires kindled by throwing down a lighted match, 
cigar, or other burning substance, shall be deemed within the provi- 
sions of sections 12 and 13, and every person violating any provi- 
sion of said sections shall be fined not more than two hundred 
dollars, or imprisoned not more than sixty days, or both. 

Sect. 15. The state forest fire warden, or any other forest fire 
warden, may arrest, witbout warrant, any person or persons taken 
by him in the act of violating any of the laws fo^r the protection 
of forest lands, and bring such person or persons forthwitli before 
a justice of the peace or other justice having jurisdiction, who shall 



1909] 



Chapter 128. 



501 



proceed without delay to dispose of the matter as justice may 
require. 

Sect. 16. Every person who shall set fire on any land, that shall 
run upon the land of any other person, shall pay to the owner all 
damages done by such fire. 

Sect. 17. If ^any forest fire warden provided for in this act 
shall wilfully neglect or refuse to perform the duties prescribed 
for him he shall forfeit not less than $100 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. 18. It shall be the duty of any person who discovers a 
forest or brush fire not under the control or supervision of some 
person to extinguish it or to report it imimediately to the local forest 
fire warden, and failure so to do shall be punished by a forfeiture 
not exceeding ten dollars, to be recovered upon complaint of the 
warden. 

Sect. 19. All moneys received from fines imposed under and by 
virtue of the provisions of this act shall be paid to the state treas- 
urer and kept by him as a separate fund, to be paid out by him 
upon the requisition of the state forest fire warden, for use in 
connection with, and the prevention and suppression of, forest fires. 

Sect. 20. Whenever any person or persons shall supply the 
necessary funds therefor, so that no cost or expense shall accrue 
to the state, the forestrv commission is hereby authorized to buy 
any tract of land and devote the same to the purposes of a public 
park. If they cannot agree with the owners thereof as to the 
price, they may condemn the same under the powers of eminent 
domain, and the value shall be determined as in ease of lands taken 
for highways, with the same rights of appeal and jury trial. On 
the payment of tlie value as finally determined, the land so taken 
shall be vested in the state, and forever held for the purposes of a 
public park. The persons furnishing the money to buy said land 
shall be at liberty to lay out roads and paths on the land, and 
otherwise improve the same under the direction of the forestry 
commission, and the tract shall at all times be open to the use of 
the public. 

Sect. 21. The sum of four thousand dollars is hereby appro- 
priated for the purpose of carrying into efl'ect the purposes of this 
act for year ending August 31, 1909. 

(Sect. 22. Chapter 44 of the session Laws of 1893 and chapter 
97 of the session Laws of 1905 are hereby repealed. All other acts 
and parts of acts inconsistent with this act are hereby repealed. 
This act shall take effect May 1, 1909. 
[Approved April 9, 1909.] 



Liability for 
damages. 



Neglect of 
duty, penalty. 



Failure to ex- 
tinguish fire, 
penalty. 



Disposition 
of fines. 



Establishment 
of public 
parks. 



Appropriation 
of $4,000. 



Repealing 
clause; act 
takes effect 
May 1, 1900. 



;o2 



Chapter 129. 
CHAPTER 129. 



[1909 



AN ACT TO LICENSE PAWNBROKERS AND TO REGULATE THE CONDUCT 
OF THEIR BUSINESS. 



Licenses, how 
issued. 



Articles 
pawued. re- 
tention and 
sale of. 



Rates of 
interest. 



Sbction' 

1. Licenses, how issued. 

2. Articles pawned, retention and sale 

of. 

3. Rates of interest. 

4. Record of loans. 

5. Inspection of premises, etc. 



Section 

G. Obstructing officer, penalty. 

7. Unlicensed and illegal pawnbroking. 

8. License fees. 

9. Repealing clause: act in force, 

where. 
10. Takes effect on passage. 



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

Section 1. The board of police eommis.sioners of any city or 
town, or the mayor and aldermen of any city or the selectmen of 
any town in which there has not been established a board of police 
commissioners, may license suitable persons to carry on the busi- 
ness of pawnbrokers in said city or town, and may revoke such 
licenses, in their discretion, after a hearing on charges preferred. 
The board which grants licenses to pawnbrokers may from time to 
time establish regulations relative to the business carried on by 
said pawnbrokers. 

Sect. 2. Articles deposited in pawn with a licensed pawnbroker 
shall, unless redeemed, be retained by him on the premises occupied 
by him for his business for at least four months after the date of 
deposit, if not of a perishaible nature; and. if of a perishable nature, 
for at least one month after said date. After the expiration of 
said limit of time, he may sell the same by public auction, upon the 
same conditions as to notice of sale, and application of proceeds of 
the sale, as are contained in sections 3 to 7, inclusive, of chapter 
141 of the Public Statutes of New Hampshire; provided, that no 
article taken in pawn by such pa\^^lbroker, on which twenty-five 
dollars or more has been loaned, shall be disposed of otherwise than 
as above provided, any agreement or contract between the parties 
thereto to the contrary notwithstanding; if less than twenty-five 
dollars has been loaned on any article so taken in pawn, the re- 
quirement of notice, and of sale by public auction, may be waived 
by agreement of the parties, made in writing. Articles of personal 
apparel shall not be deemed to be of a perishable nature within the 
meaning of this section. 

Sect. 3. The licensing board may fix the rate of interest which 
such pawnbrokers may receive on loans, and may fix different rates 
which may be received for different amounts of money lent; and 
no licensed pawnbroker shall charge or receive a greater rate of 



1909] Chapter 129. 503 

interest than that so fixed. Any sueh pawnbroker who violates any 
provision of this or the preceding section shall he punished by a 
fine of not more than fifty dollars for each offense. The rates of 
interest estaiblished by said licensing board shall 'be printed on the 
loan ticket issued by the pawnbroker. 

Sect. 4. Every such pa\^^lbroker shall keep a book in which, at Rpcord of 
the time of making a loan, shall be legibly written in the English '°^'^^- 
language, an account and description of the goods, articles or 
things pawned or pledged, the amount of money loaned thereon, 
the time of pledging them, the rate of interest to be paid on such 
loan, and the name and residence of the person pawning or pledg- 
ing snch goods, articles or things. 

Sect. 5. The chief of police of a citv, the selectmen of a town, inspection of 

* nr6mis8s etc. 

or any officer authorized toy either of them, may at any time enter 
upon any premises used by a licensed pawnbroker for the purposes 
of his business, ascertain how he conducts 'his business and examine 
all articles taken in pawn or kept or stored in or upon said prem- 
ises and all books and inventories relating thereto. Every such 
pawnbroker, his clerk, agent, servant or other person in charge of 
the premises shall exhibit to such officer on demand any or all of 
such articles, books and inventories. 

Sect. 6. A licensed pawnbroker, clerk, agent or other person in obstructing 
charge of such premises who refuses to admit thereto an officer penalty, 
authorized to enter the same, or who fails to exhibit to him on 
demand all such articles, tiooks and inventories, and any person 
who wilfully hindei's, obstructs or prevents such officer from enter- 
ing the premises or from making the examination authorized in the 
preceding section, shall be punished by a fine of not more than 
fifty dollars or by imprisonment for not more than sixty days, or 
by 'both such fine and imprisonment. 

Sect. 7. Whoever, not being licensed, carries on such business or unlicensed 
is concerned therein within suCh city or town, or. being licensed, pawnbroking. 
carries on such business or is concerned therein in any other place 
or manner than that designated in his license or after notice to him 
that his license has been revoked, shall be punished 'by a fine of not 
more than fifty dollars for each offense. 

Sect. 8. The fee for such license or renewal thereof shall be License fees, 
fixed by the .board which issues the license and shall be paid into 
the treasury of the eity or town in which the license is to be in 
force, and no person in any city or town shall be required to pay 
a larger fee for said license than that required to be paid by any 
other person in the same city or town for a similar license; such 
license shall expire in one year after the date thereof and may be 
renewed upon application to the licensing 'board. 



504 



Chapter 130. 



[1909 



Repealing 
clause ; act 
in force 
where. 



Takes effect 
on passage. 



Sect. 9. All acts and parts of acts inconsistent with this act are 
hereby repealed, and this act shall be in effect in all cities having 
a population of more than forty thousand, and in such other cities 
and towns as shall adopt its provisions. 

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

[Approved April 9, 1909.] 



CHAPTER 130. 



Expense paid 
by state, 
when. 



Takes effect 
on passage. 



AN ACT IN amendment OF CHAPTER 84 OF THE PUBLIC STATUTES 
RELATING TO THE BURIAL OF SOLDIERS AND SAILORS. 



Section 

1. Burial expense paid by state, when. 



Section 

2. Takes effect on passage. 



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

Section 1. Chapter 84 of the Public Statutes is hereby amended 
by adding at the end of said chapter the following section : Sect. 
20. Whenever an honorably discharged Union soldier or sailor en- 
gaged in the War of the Rebellion dies, and the commander and 
adjutant of the Grand ATmy Post of which he was a member, and 
if not a memjber of a Grand Army Post in this state, then a 
majority of the board of selectmen of the town or the mayor of 
the city in which such soldier or sailor died, shall certify under oath 
to the state treasurer that such soldier or sailor did not leave suffi- 
cient estate to pay the expenses of his funeral, the state treasurer 
shall draw a warrant in favor of the commander of such Grand 
Army Post, selectmen or mayor, for a sum not exceeding thirty 
dollars to defray such burial expenses of such deceased soldier or 
sailor. 

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

[Approved April 9, 1909.] 



1909] Chapters 131, 132. 505 

1/ 
CHAPTER 131. 

AN ACT PROVIDING FOR THE PAYMENT OF THE INCOME FROM THE 
BENJAMIN THOMPSON TRUST FUND TO THE NEW HAMPSHIRE COLLEGE 
OF AGRICULTURE AND THE MECHANIC ARTS. 

Section I Section 

1. Payment authorized. | 2. Takes effect on passage. 

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



Section 1. The governor is hereby authorized and directed to Payment 
issue his warrant upon the treasurer for the sum of seven thousand ^^ °^^^ ' 
nine hundred and seventy-one dollars and eighty-two cents, to be 
paid on ]\Iay 1, 1910, and quarterly thereafter, to the New Hamp- 
sihire College of Agriculture and the ^Mechanic Arts, as the income 
upon the Benjamin Thompson fund, so-called. 

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

on passage. 

[Approved April 9. 1909.] 

y 



CHAPTER 132. 



AN ACT IN AMENDMENT OF SECTION 8 OF CHAPTER 113 OF THE PUBLIC 
STATUTES RELATING TO COMPENSATION AND EXPENSES OF BOARD OF 
CATTLE COMMISSIONERS. 

Section Section 

1. Compensation and expenses limited. 2. Takes effect on passage. 

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

Section 1. That section 8 of chapter 113 of the Public Statutes Compensation 
be amended by striking out the words "ten thousand dollars" in ftoite^^"^^ 
the fourth line thereof and inserting in place thereof the words 
fifteen thousand dollars, so that the same shall read as follows: 
Sect. 8. The compensation and expenses of the board shall be 
audited and fixed by the governor and council, and shall be 
paid from the state treasury, but all expenses incurred under the 
provisions of this chapter S'hall not exceed fifteen thoasand dol- 
lars in any one year. 

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

'^ on passage. 

[Approved April 9. 1909.] 



506 



Chapter 133. 
CHAPTER 133. 



1909 



.VN ACT TO PROVIDE ADDITIONAL FACILITIES AT THE NEW HAMPSHIRE 

STATE HOSPITAL. 



Appropriati 
of $85,000. 



State loan 
authorized. 



Form of 
bonds, etc. 



.Section' 

1. Appropriation of $85,000. 

2. State loan authorized. 

3. Form of bonds, etc. 

4. Exemption from taxation. 



.SECTION 

5. Disbursement of fund. 

6. Temporary loan authorized. 

7. Takes effect on passage. 



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

Section 1. That the sum of eighty-live thousand dollars be. aud 
hereby is, raised and appropriated for the purpose of erecting a 
new heat, light and power plant, equipping the same and con- 
necting it with the various building:s, for the extension of the 
water main to the barns, and for repairs on the old Peaslee build- 
ing, in accordance with plans and specifications to be approved 
by the governor and council ; said sum to be expended under the 
direction of the trustees of said institution. And any balance 
of said sum of eighty-tive thousand dollars or the proceeds of the 
bonds hereinafter provided for, not required for the several pur- 
poses above enumerated may be used for any other necessary en- 
largement, equipment 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 ap- 
proved by the governor and council. 

iSect. 2. The state treasurer is hereby authorized, under the 
direction of the governor and council, to borrow said sum of 
eighty-five thousand dollars on the credit of the state : and to 
issue lionds, or certificates of indebtedness therefor, in the name 
and on behalf of the state, payable on July 1, 1929 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, at- 
tached thereto ; said coupons to be signed by the state treasurer, 
and said bonds and coupons to be made payable at such places as 
the governor and council shall designate. 

Sect. 3. Said bonds shall be designated New Hampshire State 
Hospital bonds, and shall be signed by the treasurer, and counter- 
signed 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 



19091 Chapter 134. 507 

treasurer shall keep a record of all bonds disposed of by him, show- 
ing 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, tout no bond shall be sold for 
leas than its par value nor shall such 'bonds be loaned, pledged, or 
hypothecated in any way whatever. 

iSect. 4. Said bonds when owned by residents or savings 'banks Exemption, 
of this state shall be exempt from taxation. 

iSECT. 5. The governor shall draw his orders on the state treas- Disbursement 
urer, 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 council, to an amount not 
exceeding the proceeds of said bonds. 

Sect. 6. To provide funds for the purposes enumerated in sec- Temporary 
tion 1 of this act, pending the sale of said bonds, as above provided, ized. 
the governor and council may, and hereby are authorized to .borrow 
money on the credit of the state, to an amount not exceeding fifty 
thousand dollars ($50,000), and to use an amount of the avails of 
said bonds, when sold, sufficient to pay the principal and interest 
of the money so borrowed. 

Sect. 7. This act shall take effect upon its passage. Takes effect 

on passage. 

[Approved April 9, 1909.] 



CHAPTER 134. 



AN ACT TO AMEND SECTION 21, CHAPTER 180. OF THE PUBLIC STATUTES, 
RELATING TO THE PAYMENT OF W^VGES. 

Sectiox 1. Certain employers to pay wages weekly. 

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

Section 1. That section 21, chapter 180 of tlie Pul)lic Statutes Certain em- 
be and hereby is amended by striking out the word "hoi-se" before wagesweew/. 
the word "railroad," so that said section when amended sball read 
as follows: Sect. 21. Every manufacturing, mining, quarrying, 
stone-cutting, mercantile, railroad, telegraph, telephone, express, 
aqueduct, and municipal corporation employing more than ten per- 
sons at one time shall pay the wages earned each week by their 
employees who work by the day or week within eight days after the 



508 



Chapter ISS. 



1909 



expiration of the week, or upon demand after that time. Every 
such corporation shall post a notice in a conspicuous place in its 
office that it will pay its employees' wages as above, and shall keep 
the same so posted. 

[Approved April 9, 1909.] 



CHAPTER 135. 



AN ACT AMENDING CHAPTER 60 OF THE SESSION LAWS OF 1891. PRO- 
VIDING FOR THE LICENSING OF DOGS KEPT FOR BREEDING PURPOSES. 



Dogs for 
breeding, 
licensing of. 



Takes effect 
on passage. 



Section 

1. Dogs for breeding, licensing of. 



Section 

2. Takes effect on passage. 



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

Section 1. The owner or keeper of dogs kept for breeding pur- 
poses shall annually on or before the 30th day of April receive a 
license authorizing hiaii to keep such dogs upon the premises 
described in t'he license. If the number of dogs does not exceed 
five, the fee for such license shaJll ibe $12, and if the number of 
dogs exceeds five and does not exceed ten, the fee shall be $20. and 
if the numiber of dogs exceed ten the fee shall be $25, and no fee 
shall be required for the dogs of such owner or keeper which are 
under tlie age of six months. The provisions of sections 1. 2 and 3 
of chapter 60, of the session Laws of 1891. shall not apply to 
licenses under the provisions of this act. 

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

[Approved April 9, 1909.] 



1909] Chapters 136. 137. 509 

CHAPTER 136. 

AN ACT PROHIBITING FISHING THROUGH THE ICE ON KEYSER LAKE 
AND GILE POND, IN THE TOWN OF SUTTON, COBBETT POND IN THE 
TOWN OF WINDHAiVI AND CANOBIE LAKE IN THE TOWNS OF WINDHAM 
AND SALEM. 

Section I SECTio>f 

1. Ice-fishing prohibited. I 2. Takes effect on passage. 

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

Section 1. For a period of five yeans from the date of the ice-fishing 
passage of this act, if any person shall fish through the ice on p""" ' ' ® • 
Keyser lake or iGrile pond in the town of Sutton, or Cobbett pond 
in the town of Windham or Ganobie lake in the towns of Windham 
and Salem, he shall be punished by a fine of ten dollars for each 
offense. 

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

on passage. 

[Approved April 9. 1909.] 



CHAPTER 137, 



AN ACT TO RESTRAIN THE ADMISSION OF CHILDREN TO SHOWS AND 
PLACES OF AMUSEMENT. 

Sectiox I Section 

1. Admission of children regulated. | 3. Takes effect on passage. 

2. Penalty for violation. | 

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

.Section 1. It shall be unlawful for any person to admit a child Admission of 
under the age of fourteen years to any show or place of amusement Lted!^^" ^^^ 
required by law to be licensed, after sunset, or before sunset dur- 
ing the hours that the public schools are in session, unless he is • 
accompanied by a person of the age of twenty-one years or over; 
or to permit any such child to remain in the show or place of 
amiLsement after the person in charge is informed or has reason to 
believe that the child is under said age and is unaccompanied by a 
person as above required. 

iSect. 2. Whoever violates either of the provisions of section 1 Penalty. 
shall be punished by a fine of not more than ten dollars or by 
imprisonment of not more than thirty days, or both. 

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

"■ ^ on passage. 

[Approved April 9, 1909.] 



510 



Chapters 138, 139. 



[1909 



CHAPTER 138. 

AN ACT IN AMENDMENT OP SECTION 1. CHAPTER 89 OF THE PUBLIC 
STATUTES RELATING TO THE BORROWING OF MONEY BY SCHOOL 
DISTRICTS. 



School dis- 
tricts, hiring 
of money by. 



Takes effect 
on passage. 



Section 

1. School districts, hiring of money by. 



Section 

2. Takes effect on passage. 



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

Section 1. Section 4. of chapter 89, of the Public Statutes is 
hereiby amended by striking out the whole section and inserting in 
place thereof the following: Sect. 1. School districts may hire 
money for building or repairing schooihouses, and procuring and 
grading lots for the same upon the promissory notes or bonds of 
the district. If the money is so hired upon the note or notes of 
the district, said note or notes shall be signed by the district treas- 
urer and by the school board, and if upon the bonds of the district, 
said bonds shall be issued under and hy virtue of, in conformity 
with, and subject to limitations of chapter 43. Laws of 1895. en- 
titled "The Municipal Bonds Act." 

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

[Approved April 9, 1909.] 



CHAPTER 139. 



AN ACT IN AMENDMENT OF AN ACT PASSED AT THE SESSION OP 1909, 
ENTITLED **AN ACT RELATIVE TO SENTENCES TO THE STATE PRISON." 



Parole officer 
subordinate to 
warden. 



Takes effect 
on passage. 



Section 

1. Parole officer subordinate to warden. 



Section 

2. Takes effect on passage. 



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

Section 1. The chaplain of the state prison in the performance 
of the duties imposed upon him under the provisions of an act 
passed at the present session of the legislature, entitled "An act 
relating to sentences in the state prison" shall in all respects be 
subject to the direction and advice of the warden of the state* 
pri.son. 

Sect. 2. This act shall take effect upon its pas.sage. 

[Approved April 9, 1909.] 



]90D 



Chapters 140, 141. 
CHAPTER 140. 



511 



AN ACT TO REGULATE TROLLING. 



SKC'TIOM 

1. Number of fish restricted. 

2. Penalty for violation. 



Section 

3. Takes effect on passage. 



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

Section 1. No person, and no party irrespective of the number Number of 
of persons therein, trolling from any one iboat, upon any of the strioted. 
fresh waters 6t this state, shall take or kill more than six lake trout or 
salmon, or 'both, in any one calendar day, and for the purposes 
of this act each member of the party and the person or persons in 
charge of the boat, present when any violation of this section takes 
place, sihall all be regarded as principals and each be liable for the 
penalty hereinafter prescribed. 

iSect. 2. If any person shall violate any of the provisions of this Penalty. 
act he shall be fined not exceeding fifty dollars for each offense, 
or be imprisoned not exceeding six months, or both. 

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

on passage. 

[Approved April 9, 1909.] 



CHAPTER 141. 



AN ACT IN RELATION TO TELEPHONES AND INSTALLING THE SAME. 



Section 

1. Short-time rates regulated. 

2. Penalty for refusal. 



Section 

3. Takes effect on passage. 



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

Section 1. All telephone companies doing business in this state short-time 
shall furnish telephones for periods of three months or more, for la/ed.'^^^'^ 
fifteen per cent, more than such fractional part of the yearly rate 
as the num;ber of months the telephone is used is of twelve months 
plus the actual cost of installation. 

Sect. 2. Any telephone company refusing for more than ten 
days after demand to comply with the provisions of this act, shall 
forfeit to the person applying the sum of two dollars a day for each 



Penalty. 



512 



Takes effect 
on passage. 



Chapters 142, 143. 



1909 



day's delay, provided the company has a line of wire within 500 
feet of the place where the instrument is to be installed. 

Sect. 2 [3]. This act shall take effect on its passage. 

[Approved April 9. 1909.] 



CHAPTER 142. 



AN ACT IN AMENDMENT OF CHAPTER 114 OF THE PUBLIC STATUTES, 
RELATING TO THE LICENSING OF SHOWS. 



Delegation of 
authority. 



Takes effect 
on passage. 



Section 

1. Authority to license, delegation of. 



Section 

2. Takes effect on passage. 



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

Section 1. That chapter 114 of the Public Statutes be amended 
by adding thereto the following: Sect. 10. The boards of mayor 
and aldermen or the city councils in cities are hereby authorized 
to delegate all or any part of the powers conferred upon them by 
sections 1 and 2 of this chapter to such agents or licensing boards 
as they may duly appoint. 

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

[Approved April 9, 1909.] 



CHAPTER 143. 



AN ACT AUTHORIZING THE COUNTY OF HILLSBOROUGH TO ISSUE BONDS 
FOR THE ERECTION OF A HOUSE OF CORRECTION AT GOFFSTOWN AND 
MANCHESTER. 



Issue of bonds 
authorized. 



Section 

1. Issue of bonds authorized. 

2. Form of bonds; exemption. 



Section 

3. Takes effect on passage. 



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

Section 1. The commissioners of tlie county of Hillsborough 
are hereby authorized to issue county bonds or notes with coupons 
annexed with annual or semi-annual intere.st for a sum not exceed- 
ing one hundred thousand dollars ($100,000), in such denomina- 
tions as they may determine, payable at any time within fifteen 



1909] Chapter 144. 513 

years from the date of issue, with interest not exceeding three and 
one half (3%) per cent, per annum, for the purpose of erecting 
and equipping a house of correction huikling and work-house 
therewith at G^offsto^\^l and erecting and equippinig a house of 
correction or jail at Manchester. 

• Sect. 2. Said bonds and coupons shall be signed by the county Form of 
commissioners and countersigned by the county treasurer and shall emption. 
be exempt from taxation to persons or corporations residents of 
said county. 

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

on passage. 

[Approved April 9. 1909.] 



CHAPTER 144. 



AN ACT IN RELATION TO THE ADOPTION AND TRANSFER OF CHILDREN. 



Section 

1. Adoption of unclaimed child, notice 

of. 

2. State board of charities, jurisdiction 

of. 



Section 

3. Failure to give notice, penalty. 

4. Repealing clause; act takes effect 

on passage. 



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

Section 1. If any child, born in any hospital, maternity home, Adoption of 
or other place, whether public or private, in this state, for the child, notice 
reception and care of women in labor or their children, and which ° ' 
shall not be claimed by its parent or parents, shall be given out for 
adoption or otherwise, to any one, by the manager or managers of 
said home or institution, notice of such disposition of such child 
shall, within five days therefrom, be given to the state board of 
charities, by said manager or managers; said notice to include the 
foillowing: the name of the child; the date and place of its birth; 
the names of its parents, if known ; the name and address of the 
person or institution into whose care the child has been given. 

iSect. 2. The state board of charities shall have jurisdiction and Board of 
authority to inquire into the matter of such disposition of such jurisdiction 
child, with power to revoke the action of said manager or mana- °^' 
gers, and to dispose of such child in the same manner as now pro- 
vided under the provisions of chapter 116, of the Laws of 1895, and 
section 1, chapter 61, of the Laws of 1893. 

Sect. 3. If any person whose duty it shall be to give the notice Penalty, 
provided for in section 1 of this act shall neglect or refuse to give 
such notice within the prescribed time, he shall be punished, for 



514 



Repealing 
clause: act 
takes effect 
on passage. 



Chapters 145. 146. 



1909 



each offense, by a fine not exceeding fifty dollars, or by imprison- 
ment for a term not exceeding six months, or both. 

Sect. 4. All acts or parts of acts inconsistent herewith are 
hereby repealed, and this act will take effect upon its passage. 

[Approved April 9, 1909.] 



OHAPTER 145. 



Annual ap- 
propriation 
of $500. 



AN ACT TO AMEND CHAPTER 78, SESSION LAWS OF 1903, ENTITLED '^\N 
ACT FOR THE PROMOTION OF HORTICULTURE. ' ' 

Section 1. Annual appropriation of $500. 

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

Section 1. That section 1, chapter 78. session Laws of 1903, 
be amended so that the section shall read: Section 1. The sum 
of five ihundted dollars is hereby annually appropriated for the 
use of the New^ Hamipsiiire Horticultural Society to ibe expended 
under the direction of the state iboard of agriculture in promoting 
the 'horticultural interests of the state for the years ending August 
31, 1910 and August 31, 1911. 

[Approved April 9, 1909.] 



CHAPTER 146. 

AN ACT FIXING THE OFFICE HOURS OF THE REGISTER OF PROBATE IN 
MERRIMACK COUNTY. 



OfiSce hours 
fixed. 



Section 

1. Office hours fixed. 



Section 

2. Repealing clause; act takes effect 
on passage. 



Be it enacted hy the Senate and House of Eepreseniatives in 
General Coiirt convened: 

Section 1. The office of the register of probate in the county of 
Merrimack shall be open each day, except Sundays, holidays and 
Saturdays, from nine o'clock in the forenoon to twelve o'clock noon 
and from two o'clock to five o'clock in the afternoon. On Satur- 
days said office shall be open from nine o'clock in the forenoon to 
twelve o'clock noon, holidays excepted. 



1909] Chapter 147. 515 

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



Approved April 9. 1909. 



on passage. 



CHAPTER 147. 



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 $600,000. 2. Takes effect on passage. 

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

Section 1. The sum of six hundred thousand dollars shall be Annual state 
raised annually for the use of the state for the years 1910 and 1911. ^seoo.ooo. 
and the state treasurer is hereby diirected seasonably to issue his 
warrants to the selectmen of the several towns and places, and to 
the assessors of the several cities in the state, according to the 
apportionment of the public taxes made at the January session of 
the legislature in 1907 and the selectmen of such towns and places, 
and the assessors of such cities, are hereby directed to assess the 
sums specitied in said warrants, and cause the same to be paid to 
said treasurer on or before the first day of December 1910 and 
1911; 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 April 9, 1909.] 



516 



Chapters 148, 149. 



1909 



CHAPTER 148. 

AN ACT IN AMENDMENT OF AND ADDITION TO SECTION 18 OF CHAPTER 
127 OP THE PUBLIC STATUTES AS AMENDED IN 1901 AND 1903, 
RELATING TO THE PERCENTAGE OF FAT IN MILK. 



Milk deemed 
to be adulter- 
ated, when. 



Takes effect 
on passage; 
repealing 
clause. 



Section 

1. Milk deemed to be adulterated, 
when. 



Section 

2. Takes effect on passage; repealing 
clause. 



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

Section 1. Strike out the whole of section 18 and substitute 
the following : Sect. 18. In all proceedings under this chapter if 
the milk is shown, upon analysis to contain less than twelve per 
cent, of milk solids, it shall be considered eviidence of adulteration, 
or if in the case of skim milk, it shall contain more than ninety-one 
per cent, of water and less than nine per cent, of milk solids ex- 
clusive of fat, it shall ibe considered evidence of adulteration or if 
in case of cream, it shall contain less than 18 per cent, of butter 
fat, it shall be considered evidence of adulteration. Butter shall 
contain not less than 80 per cent, of milk fat and not more than 
16 per cent, of water. Renovated butter shall be branded or labeled 
with the words renovated butter. 

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

[Approved April 9. 1909.] 



CHAPTER 149. 



Taking smelt 
with seine 
regulated. 



AN ACT IN AMENDMENT OF SECTION 63, CHAPTER 79, LAWS OF 1901, 
RELATING TO THE CATCHING OF SMELT. 

Section 1. Taking smelt with seine regulated. 

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

Section 1. That section 63, of chapter 79, Laws of 1901, be 
amended by striking out the words "Great bay and Grreenland bay 
aforesaid" and inserting in place thereof the words the Piscataqua 
river and its tributaries and Little Harbor and its tributaries and 
by inserting the words but nothing in this act shall be construed to 
prevent the use of weirs for the taking of herring, shad, alewives 



1909] Chapter 150. 517 

and such fish, so that said section as amended shall read: No 
person shall, at any time of the year, take or catch with a seine, 
weir, or net any of the fish called smelt, in the waters of the Pis- 
cataqua river and its tributaries and Little Harbor and its tribu- 
taries, easterly of a line from the easterly end of the Portsmouth 
& Concord Railroad bridge to Adams point, so called, in the town 
of Durham, but nothing in this act shall be construed to prevent 
the use of weirs for the taking of herring, shad, alewives and such 
fish. 

[Approved April 9, 1909.] 



CHAPTER 150. 



AN ACT IN AMENDMENT OF CHAPTER 79, SESSION LAWS OF 1901, AS 
AMENDED BY THE SESSION LAWS OF 1903, 1905 AND 1907, RELATING 
TO FISH AND GAME. 

Section , Section 

1. Pickerel, etc., protected. 2. Takes effect on passage. 

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

Section 1. That section 59, of said chapter 79 be amended by Pickerel, etc.; 

protected. 

substituting the word and for the comma between the names 
"Asquam" and " Wentworth, " and by striking out the words "and 
Massabesic." so tliat the section as amended shall read as follows: 
Sect. 59. If any person shall take or kill any muskellonge, pick- 
erel, pike or grayLing in any of the waters of this state between the 
fifteenth day of January in any year, and the first day of June 
next following, except that pickerel may be taken in January Feb- 
ruary and March from the waters of Lakes Winnipesaukee, Win- 
nisquam, Asquam and Wentworth, and that pike may be taken in 
January February and March from the waters of Lake Spofford or 
Chesterfield, he shall be fined ten dollars ($10) for each offense. 

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

on passage. 

[Approved April 9, 1909.] 



14 



518 



Chapters 151, 152. 



[1909 



OHAPTER 151. 



AN ACT IN AMENDMENT OF CHAPTER 133 OF THE LAWS OF 1907. 



Expense of 
board, etc., at 
Industrial 
School, how 
paid. 



Takes effect 
April 1, 1909. 



Section 

1. Expense of boai'd, etc., at Industrial 
School, how paid. 



Section 

2, Takes effect April 1, 1909. 



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

Section 1. Chapter 133 of the Laws of 1907 is hereby amended 
by striking out the whole of said chapter and inserting in place 
thereof the following: Whenever any person is committed to the 
Industrial School, the state treasurer shall pay to the trustees the 
sum by them charged 'in addition to his labor or sernce, for board, 
clothing and instruction, not exceeding $2.50 per week; and the 
governor shall draw his warrant for the same out of any money in 
the treasury not otherwise appropriated. 

Sect. 2. " This act shall take effect Aipril 1, 1909. 

[Approved April 9, 1909.] 






CHAPTER 152. 



AN ACT PROVIDING FOR THE ESTABLISHMENT OF DISPENSARIES FOR THE 
DETECTION AND TREATMENT OF THE DISEASE OF TUBERCULOSIS. 



How estab- 
lished. 



Examining 
ph.vsicians. 



SECTION 

1. How established. 

2. Examining physicians, appointment, 

duties, and fees of. 

3. Free treatment to patients. 



Section 

4. Support by cities and towns. 

5. Annual appropriation of $500. 

6. Repealing clause; act takes effect 

on passage. 



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

Section 1. It shall be the duty of the state board of health, upon 
the petition of the selectmen of any .town, or of the mayor of any 
city, or upon its own motion, to establish one or more dispensaries 
for the more thorough detection or discovery of the disease of 
tuberculosis, and the free treatment of indigent cases of tuber- 
culosis in such town or city. 

Sect. 2. Dispensaries established under section 1 of this act 
shall have at least one examining physician selected by the st-ate 
board of health, oi in such manner as the state board of health 
shall determine, whose duty it shall be to make careful examina- 



1909] Chapter 152. 519 

tion of each applicant who shall apply therefor, to determine 
whether or not such pei-son is afflicted with tuberculosis, and to that 
end the sputum of such person shall be forwarded for examination 
to the state board of health. iSuch examination shall be free. The 
■physicdan making such examination shall receive from the state, 
when his pay therefor is not otherwise provided for, a fee of one 
dollar for each examination where the tuberculosis germ is detected 
in such sputum, provided, no such fee shall be paid by tlie state 
for more than five separate examinations for the same person, and 
no such examination shall be within four months of a prior ex- 
amination for the same person. . 

:Sect. 3. Bach such dispensary shall, so far as it shall be supplied Free treat- 
with the necessary funds or other means of doing so, furnish free 
treatment to all indigent persons within its territorial jurisdiction 
who are afflicted with tuberculosis. To that end its work shall be 
divided into two sections : First, a section for the treatment and care 
of incipient cases; and second, a section for the treatment and care 
of advanced ca.ses. Such dispensary_^ is authorized to hold real and 
personal property for the purposes of its organization, and to take 
and receive such property by gift, devise or otherwise; and all 
property held by it in this state for such purposes shall be exempt 
from taxation while so held by it. 

iSECT. 4. Cities and towns in which a dispensary shall have been Support by 
established under this act, are hereby authorized to raise by tax in to*wns^°'^ 
any year, upon the taxable property in such city or town, and ap- 
propriate to the work of such dispensary or dispensaries, such sum 
as shall not exceed one tenth of one per cent, of the assessed value 
of the taxable property of such city or town. 

Sect. 5. There is hereby appropriated out of any funds in the Annual ap- 
treasury of this state not otherwise appropriated, the sum of five of is^oo!'""^ 
hundred dollars each year to be expended by the state board of 
health under the direction and with the approval of the governor 
and council, to enable it to carry out the provisions of sections 1, 2, 
3 and 4 of this act for the two years commencing September 1, 
1909. 

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

[Approved April 9, 1909.] on passage. 



520 



Chapter 153. 
OHAPTER 153. 



[1909 



AN ACT TO PROVIDE FOR THE NOMINATION OF PARTY CANDIDATES BY 

DIRECT PRIMARY. 



Meaning of 
certain words. 



Not applica- 
ble, wheB ; 
election offi- 
cers, who are. 



Sectiox 

1. Meaning of certain words. 

2. Not applicable, when ; election offi- 

cers, who are. 

3. Methods of nomination. 

4. Primary, when and where held ; 

state delegates; how conducted. 

5. Notice of primary, how and by 

whom given. 

6. Declarations of candidacy, form of; 

when to be filed. 

7. Fees to be paid by candidates. 

8. Official ballot, form of. 

9. Number of ballots ; sample ballots ; 

posting of ballots. 
10. Preparation of check-list; who may 
vote : party registry ; disposition 
of check-list ; change of registry ; 
corrected check-list. 



Sectiox 
11. Votes, how counted and returned. 
Canvass ef returns; publication of 

result. 
Plurality to nominate; tie vote; 

vacancies, how filled. 
Recount of ballots, how obtained and 

conducted; fees for. 
Failure to forward declaration, 

penalty. 
Existing election laws applicable, 

when. 
Secretary of state to furnish forms, 

etc. ; clerical assistance. 
Disposition of fees. 
Adoption of party platforms; party 

organizations. 
Act to receive liberal construction. 
Repealing clause. 



13. 



14. 



15. 



16. 



17. 



18. 
19. 



20. 
21. 



Method;; of 
nominatien. 



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

Section 1. The iwords and phrases of this act shall, unless the 
same be inconsistent with the context, be eonstrned as follows : 

(1) The word "primary," the primary election provided for by 
this act; 

(2) 'The word "election," the general election held in Novem- 
ber, as distingnislied from the primary election ; 

(3) TJie word "party," any political organization which at the 
preceding election polled at least three per centum of the entire 
vote of the state given in for governor ; 

(4) The word "supervisors," all officers performing the duties 
of supervisors. 

Sect. 2. (1) This act shall not apply to special elections to fill 
vacancies, nor to city, to'\\m, and school district elections except as 
to elections of moderator and supervisors of the check-list, who 
shall be elected at each biennial election. 

(2) Moderators and other election officers, if any, chosen at 
elections other than the regular biennial election, shall be consid- 
ered regular election officers within the meaning of this act, for the 
biennial election of 1910. 

Sect. 3. Hereafter all candidates for elective offices shall be 
nominated : 

(1) By a primary held in accordance with this act, or 



1909] Chapter 153. 521 

(2) By nomination papers, signed and filed as provided by 
existing statutes. 

iSect. 4. (1) A primarv' sliall 'be held at the regular polling Primary, 
places in each toiwn and ward in the state on the first Tuesday of where held; 
September. 1910, and biennially thereafter, for the nomination of ga't'/.fSo"^ 
all candidates to be voted for at the November election, except conducted. 
presidential electors. 

(2) At each such primary there shall be elected in each town 
and ward, from the legal voters in such town or ward, as many 
state delegates as such town or ward is entitled to elect represienta- 
tives to the general court at the election next following such 
primary. 

(3) Primaries shall be conducted by the regular election officers, 
as elections are conducted under existing laws. 

Sect. 5. (1) At least sixty days before the time of holding any Notice of 
primary the secretary of state shall prepare and transmit to each andby^' "^ 
town and ward clerk in the state a notice in writing designating the ^^''^^i g'^^n. 
offices for which candidates are to be chosen, and delegates to the 
state convention are to be elected. 

(2) Each town and ward clerk shall, within ten days after 
the receipt of such notice, cause notice of such primary to be posted 
in three public places in his town or ward; such notice shall state 
the time when, and place where, the primary will be held in each 
town and ward, together with the offices for which candidates are 
to 'be nominated and delegates to be elected. It shall also state the 
date before which declarations of candidacy must be filed to place 
names upon the ballots to be used at such iprimary, the officers with 
•whom they must be filed, and the fees required to be paid at tlie 
time of filing such papers. 

Sect. 6. (1) The name of no candidate shall be printed upon an Declarations 
official ballot used at any primary unless not more than sixty days form^olf ^°^' 
prior to such primarv a declaration of candidacv shall have been when to be 

HI T ^ T T 1 ^' filed. 

tiled oy such candidate and the filing fee required by section 7 of 
this act shall have been paid. 

Declarations of candidacy shall be in the following form: I, 

, declare that I reside in Ward , in the city (or town) 

of . county of , State of New Hampshire, and am a 

qualified voter therein; that I am a member of the party; 

that I am a candidate for nomination for the office of , (or 

for delegate to the state convention) to be made at the primary 
election to be iheld on the day of ; and I hereby re- 
quest that my name be printed on the official primary ballot of said 

party as a candidate for such nomination or election. I 

further declare that if nominated as a candidate for said office or if 



522 



Chapter 153. 



1909 



Fees to be 
paid by 

candidates. 



Official ballot, 
form of. 



elected as siich de'legate I will not withdraw, and that if elected I 
will qualify and assume the duties of said office. 

(2) Declarations of candidacy shall be tiled as follows: 

(a) For governor, or any other officer to be voted for through- 
out the state, members of congress, councilors, state senators, and 
for county officers, with the secretary of state. 

(b) For members of the house of representatives, moderator, 
supervisors of the check-list, and delegates to state conventions, with 
the clerk of the city or town within which such officers are to be 
voted for. 

(3) Each town or city clerk shall forw^ard each declaration of 
candidacy' tiled with him, within two days from the date of filing, 
to the secretary of state. The fees paid to a town or city clerk shall 
be paid to the treasurer of each town or city. 

(4) Declarations of candidacy filed with the secretary of state 
shall be tiled eighteen days before the primary, and all others 
twenty days before the primary. 

Sect. 7. At the time of tiling declarations of candidacy each 
candidate, or some person for him, shall pay to the officer with 
whom the same are filed the following fees : 

(1) For governor, one hundred dollars; 

(2) For any state officer, other than governor, to be voted for 
throughout the state, fifty dollars; 

(3) For representative in congress, fifty dollars; 

(4) For councilor, twenty-five dollars; 

(5) For state senator, ten dollars; 

(6) For county officer, five dollars; 

(7) For member oif the house of representatives, two dollars; 

(8) For supervisor of check-list, one dollar; 

(9) For moderaitor, one dollar. 

Sect. 8. At least ten days before any primary is to be held, an 
official ballot for each political party shall be prepared by the secre- 
tary of state, and shall be as nearly as is practicable in the same 
form as ballots now used at elections. Below the name of each office 
shall be printed in small but easily legible lettere the words Vote 
for one, Vote for two. Vote for three, or a spelled number designat- 
ing how many persons are to be voted for. Whenever there are 
two or more candidates for nomination to the same office who are 
to be voted for in more than one town or ward, the names of such 
candidates shall be so alternated on the ballots used that each shall 
ajppear thereon as nearly as may be an equal number of times at 
the top, at the bottom, and in each intermediate place, if any, of 
the list or group in which it belongs. Names of rival candidates 
for nomination to the same office who are to be voted for in onlv one 



1909] Chapter 153. 523 

town or ward shall be arranged in the alphabetical order of their 
surnames. Following ithe names printed on the ballot after the 
name of each office to be tilled shall be as many blank lines as there 
are persons to be elected to that office. The ballots of all parties 
shall be upon colored paper, but the ballots of no two parties shall 
be upon paper of the same, or closely similar, color, and each party 
ballot shall be so designated by the name of such party printed in 
prominent type on the back of said ballot. 

iSect. 9. (1) Not later than six days before a primary, the Number of 
secretary of state shall furnish to the clerk of each town and ward pie ballots; 
ballots for each political party as follows : For each fifty and f rac- banoTs^ " 
tion of tifty voters of each party, as shown by the vote for governor 
in the town or ward at the last preceding election, he shall furnish 
seventyjfive ballots of said party, except that when any party has cast 
less than ten votes in a town or ward, he shall only be obliged to 
furnish twenty-five ballots. 

(2) He shall in addition furnish each such clerk with ten sample 
ballots of each political party, printed on white pa.per. 

(3) Each dlerk shall within one day from the time when he 
shall receive such sample ballots post three of each political party 
in three public places in his town or ward, and shall retain the 
others until the date of the primary, when he shall post the same 
in prominent ipositionsMu and about the polling place. 

(4) The secretary of state shall also, upon request, furnish a 
reasonable number of sample ballots printed on white paper to 
each person whose name appears upon the ballot as a candidate. 

Sect. 10. (1) The supervisors of the check-list shall prepare preparation 
and post the check-list of the legal voters in their respective towns whomay'^^' 
and wards and hold sessions for the correction of the same, and give Jg^^Jtrv'^'afs- 
notice of such sessions before all primaries held under this act in position of 
the same manner as they are required to do before elections under change of' 

• , • 1 * registry; cor- 

existing laws. rected check- 

(2) Xo person shall be entitled to vote at a primary unless his ''®^- 
name is upon the check-list of voters in the town or ward wherein 

he offers to vote. 

(3) Any person offering to vote at a primary shall at the time 
of announcing his name also announce the name of the party to 
which he belongs. If his name is found upon the check-list, and 
if his party membership has not been before registered, it shall then 
be registered, and he shall be allowed to vote the ballot of his 
party, provided, however, that if he is challenged, he shall not be 
allowed to register as a member of such party, or to vote the ballot 
of said party unless he makes oath or affirmation that he affiliates 
with and generally supports the candidates of the party with which 
he offers to vote. If his party membership has been before regis- 



524 Chapter 153. [1909 

tered, he sliall be allowed to vote only the ballot of the party with 
which he is registered. 

(4) After the primary the town or ward clerk shall deliver 
t-o the supervisors the check-list with the registration of the party 
membership of voters thereon. Before delivery, however, the 
moderator and clerk shall certify thereon, under their hands, that 
the list is the one used at the primary, and contains a correct regis- 
tration of the voters as delivered into their hands or made by them 
at such primary. Such list shall he preserv^ed by the supervisors, 
and shall be used by them in nualving up the check-list to 'be posted 
before the next primary, as provided in paragraph 6 of this section. 

(5) Any person whose party membership has been registered 
may change such registration by appearing in person before the 
supervisors of the check-list for liis town or ward not less than 
ninety days before any primary, and stating to them, under oath or 
affirmation, if required, that he intends to affiliate with and gen- 
erally supports the candidates of the party with which he olfers 
to register. He may also change such registration at any primary, 
upon making oath or affirmation to the same effect, if challenged, 
but he shall not be permitted in such case to vote the ballot of any 
party at such primary. 

(6) After the first primary held under this act. the super\dsors 
of the check-list shall be in session for the alteration of the regis- 
tration of party members, and for making additions to such regis- 
tration before each primary. The session shall be on two days at 
least and shall not be less than ninety nor more than one hundred 
days prior to such primary. They shall post copies of the cheek- 
list showing the persons in the town or ward entitled to vote, with 
their party registration, so far as such registration has been made, 
in three public places in such town or ward, at least ten da^-s 
prior to such session, and notice of the date, hour, and place of the 
daily sessions to revise such registration shall be .given upon such 
check4igts. After such session, the supervisors of the check-list 
shall prepare a corrected cheek-list, showing the registration of 
party members as corrected by them, and such corrected cheek-list, 
with such names as may be regularly added thereto, as provided in 
sections 6 and 7 of chapter 32 of the Public Statutes, shall be used 
at the primary. Whenever names are added to the cheek-list. 
as provided in sections 6 and 7 of chapter 32 of the Public iStatutes, 
the supervisors shall register the party membership of the voter, 
if he desires such membership registered; but if such voter hius 
already been registered in any town or ward in this state as a 
member of any party, he shall not be registered as a member of a 
different party within ninety days before any primary. 

(7) The party membership of each voter may be registered by 



1909] 



Chapter 153. 



525 



writiug in iuk after tlie iname of such voter the first three letters of 
the name of the party with which he registers. 

Sect. 11. (1) Votes cast for the same person on the ballots of 
different parties at any primary shall not be added together, but 
shall only count in favor of the person as the candidate of each 
party on whose ballot his name appears. 

(2) Alfter the count is completed it shall be announced by the 
moderator, and the clerk shall, in the presence of the other election 
officers, fill into blanks, provided him for that purpose by the 
secretary of state, complete returns of all the votes cast for the 
different candidates of each iparty. These blanks shall be prepared 
in duplicate, and shall be signed by the clerk. One copy shall be 
preserved by the clerk and shall be open to the inspection of any 
candidate, or of his agent authorized in writing. The other copy 
shall be mailed on the day of the primar^y. or on the day follov^'ing, 
by the clerk to the secretary of state. 

Sect. 12. (1) The second day after the primary, or as soon 
thereafter as possible, the secretary of state shall canvass the re- 
turns from all the towns and wards in the state, and upon the 
completion of such canvass shall declare what candidates have re- 
ceived the greatest number of votes for the various offices in the 
various parties. 

(2) After the completion of the canva.ss of returns, the secre- 
tary of state shall publish in some paper of general circulation the 
names of the persons found to have been chosen as candidates for 
the various offices by the various parties, and shall cause a copy of 
such paper to be mailed to each person whose name appeared upon 
any party ballot. 

Sect. 13. (1) Persons voted for, at a primary, under this act, 
who receive a plurality of all the votes cast by a party, shall be 
candidates of that party for the office designated in the iballot, or 
the delegates of such party from their respective towns and wards. 

(2) In case of a tie vote, the tie shall be determined by lot by 
the secretary of state in the presence of the candidates who are 
tied, if, upon notice from the secretary of state, they elect to be 
present. 

(3) Vacancies upon any party ticket occurring after the hold- 
ing of any primary shall be filled by the party committee of the 
state, county, town or ward, as the case may require, and such com- 
mittee shall notify the secretary of state of the appointment made, 
and the names of persons so appointed shall be placed upon the 
official election ballot. 

Sect. 14. (1) If 'any person who was voted for upon the ballot 
of any party is not, according to the count first made by the 
secretary of state, c^hosen as the candidate of such party, and de- 



votes, how 

counted and 
returned. 



Canvass of 
returns ; pub- 
lication of 

result. 



Plurality to 
nominate; tie 
vote; vacan- 
cies, how 
filled. 



Recount of 
ballots, how 
obtained and 
conducted; 
fees for. 



526 Chaptjer 153. [1909 

sires a recount of the ballots cast in the primary, he shall apply in 
writing to the secretary of state for such recount within ten days 
after the date of the advertisement O'f the result of the primary, 
provided for in paragraph 2 of section 12 of this act. 

(2) The secretary of state shall fix a time for such recount not 
earlier than ten days after the receipt of the application, and shall 
notify the opposing candidates thereof, and 'as soon after the ex- 
piration of such ten days as circumstiances will permit, such recount 
sliall be held and conducted as recounts of votes cast at elections 
are now conducted. 

(3) Upon the date set for the recount, the ballots shall be 
counted by the secretary of state and such assistants as he may 
require. The various candidates, however, and their counsel shall 
have the right to inspect the ballots and participate in such recount 
under such suit'able rules as the secretary of state may adopt. 

(4) No candidate, however, shall be entitled to a recount unless 
he shall pay to the secretary of state at the time of tiling his appli- 
cation fees as follows: 

(a) If a candidate for governor, or other officer voted for 
throughout the static, one hundred dollars; 

(b) If a candidate for member of congress, fifty dollars; 

(c) If a candidate for councilor, twenty-five dollars; 

(d) If a candidate for a county office, ten dollars; 

(e) If a candidate for state senator, ten dollars; 

(f) If a candidate for member of the house of representatives, 
five dollars; 

(g) If a candidate for supervisor of the check-list, five dollars ; 
(h) If a candidate for moderator, five dollars; 

(5) If ;a recount shall show that some other person than the one 
declared nominated upon the canvass of the returns from the clerks 
of towns and iwards has the greatest number of votes cast at the 
primary, such person shall be declared nominated and shall be 
the candidate of the party for the office in questdon inste-ad of the 
person so first declared, and his name shall be placed upon the 
official ballot at the following election. 

(6) If the recount, shall show that the person who applied for 
the recount w^a.s chosen 'as the candidate of his party, the secretary 
of state shall, within ten days of such recount, return to him the 
fee paid at the time of filing the application for a recount. 

Failure to Sect. 15. Any towu or city clerk, with whom any declaration of 

dTc7ara1ion, caudidacy has been filed, who shall fail to forward the same to 
penalty. ^]^g secretary of state -within two days of the date of such filing 

shall be guilty otf a misdemeanor, and upon conviction thereof shall 
be punished by a fine of not more than one hundred dollars, or by 
imprisonment not more than thirty days, or by both fine and im- 
prisonment. 



1909] Chapter 153. 527 

Sect. 16. The provisions of the statutes now in force in refer- Kxisting 
enee to the holding of elections, the paymen(t of election officers, applicable, 
tJie filling of vacancies, the solicitations of voters at the polls, the "''"^'"' 
challenging of voters, the manner of conducting elections, of count- 
ing and preserving the ballots, and making return thereof, and 
all other kindred subjects, shall apply to all priinaries in so far as 
they are consistent with this act, the intent of this act being to 
place the primary under the regulation and protection of the laws 
now in force as to elections. 

Sect. 17. (1) It sliall be the duty of the secretary of state to Secretary of 
prepare all forms necessary to carry out the intent of t!his act and nish forms, 
to furnish tlie same in reasonable quantities to the proper officers, assistance!* 
It shall also be his duty to furnish full directions to the clerks of 
towns and wards, when he sends them the notice provided for in 
section 5 of this act, or when he furnishes them ballots, as provided 
in section 9 of this act, as to the posting of notices, holding of 
primaries, and makdng return, thereof. 

(2) The secretary of state shall have authority to employ such 
additional clerical assistance as may be required during the canvass 
of votes, or in carrying out the provisions of this act ; and all ex- 
pense necessary shall be paid out of the treasury of the state. 

Sect. 18. All sums paid to the secretary of state under the Disposition 
terms of section 6 of this act and all sums paid to him under the 
terms of paragraph 4 of section 14 shall be paid by him into the 
state treasury. 

iSect. 19. (1) Not earlier than the third Tuesday of Septennber, Adoption of 
followiiig any primary, and not later than the first Tuesday of fo^^msfparty 
October, upon the call of the chairman of the state committee of organizations, 
the party, the nominees of each party for the offices of governor, 
councilors, state senators, representatives, and state delegates 
elected shall meet in state convention for the purpose of adopting 
the platform of their party, nominating presidential electors, and 
effecting an organization for the following two years. 

(2) The party nominees and state delegates in said state con- 
vention from each county shall elect a county committee for their 
party, to consist of such number of persons as the state convention 
shall by vote apportion to each county. The members of the several 
county committees thus chosen shall constitute the state committee 
of the party. The registered party members in each town, ward or 
city may effect such an organization as they may deem expedient 
for advancdng the purposes of their party. 

(3) Upon application of the chairman of the state committee of 
any political party, the secretary of state shall deliver to him a duly 
cer'tified roll of the nominees of his party for the several offices 
named in the first paragraph of this section. None but such nomi- 
nees and state delegates slhaill take part in such state convention. 



52S 



Chapter 154. 



[1909 



Act to be 
liberally 
construed. 



Repealing 
clause. 



Sect. 20. This statute shall he liherally construed so that the 
real will of the voJters shall not be defeated, and so that the voters 
of any town or -ward shall not be deprived of their rig'ht to nominate 
or participate in the nomination of candidates for office by any 
informality or failure to comply with all the provisions of law in 
respect to giving noitice of or conducting the primary or certifying 
the results thereof. 

Sect. 21. All acts or parts of acts inconsistent or in conflict with 
the provisions of this act are hereby repealed. 

[Approved April 9, 1909.] 



OHAPTER 154. 



AN ACT RELATIVE TO MOTOR VEHICLES AND TO THE OPERATION THEREOF. 



Section 

1. Registration of motor vehicle by 

owner. 

2. Registration b.v manufacturer or 

dealer. 



Section 

3. Registration by nonresidents. 

4. Speed regulations. 

5. Fees, disposition of. 

6. Takes effect January 1, 1910. 



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



Registration 
of motor 
vehicle by 
owner. 



Section 1. That section 2 of chapter 86 of the Laws of 1905 be 
amended by striking out the words, "three dollars," in the seven- 
teenth and eighteenth line of said section, and substituting therefor 
the following : Ten dollars in tihe case of an automobile and two dol- 
lairs in the case of a motor cycle ; further amend said section 2 of said 
chapter 86 'by adding after the word, " hours, " in the thirty-third 
line, the following : Each certificate of registration shall terminate on 
December 31 of the year of issue. So that said section as amended 
shall read as follows: Sect. 2. All automohiles and motor cycles 
shall be registered by the owner or person in control thereof in 
accordance with the provisions of this act. Applications for such 
registration shall :be made, by mail or otherwase, to the secretary 
of state, 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 
numiber, if any. affixed by the 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 ten dollars in the case of an automobile and two dollars in 



1909] Chapter 154. 529 

the case of a motor cycle. Said secretary of state shall then regis- 
ter 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 numbcT or mark, ^\^hich in all cases shall be followed by the 
letters "N. H.," and shall thereupon issue to the applicant a 
certificate of regisitration 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 registered. The certificate 
shall contain the name, place of residence and address of the appli- 
canlt, and the registered number or mark, and shall prescribe the 
manner in which such registered 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 registration shall always be carried in some easily 
accessible place in the vehicle described therein. A proper record 
of all applications and of all certificates issued shall be kept by 
the secreltary of state at his office and shall be open to the inspec- 
tion of any person during reasonable business hours. Each 
certificate of regisitration shall terminate on December 31 of the 
year of issue. Upon the sale of any automobile or motor cycle its 
registration shall expire and the vendor shall immediately return 
the certificate of registration and number plates to said secretary of 
state, with ncitice of the sale and of the name, place of residence and 
address of the vendee. 

Sect. 2. That section 3 of said chapter be amended by inser'ting Registration 
after the word, ' ' dollars, ' ' in the sixteenth line thereof the word, an- I'ur™/ or^*° 
nually, so that said section as amended shall read as follows : '^e^'®''- 
Sect. 3. Every manufacturer of or dealer in automobiles or motor 
cycles, miay, instead of registering each such vehicle owned or com- 
trolled by him, make application upon a blank provided by the 
secretary of state, for a general distinguishing numiber or mark, 
and the secretarj^ of state shall, if the facts stated in said applica- 
tion 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 as- 
signed to him and made in such form and containing such further 
provisions as said secretary of state may determine, and all auto- 
mobiles 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 ten successive days, be regarded as registered under such 
general distinguishing mark or number. The fee for every such 
license shall be twenty-five dollars, annually 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. 



530 



Chapter 154. 



1909 



Registration 
by non-resi- 
dents. 



Speed regula- 
tions. 



Fees, disposi- 
tion of. 



Sect. 3. That section 6 of said chapter be amended hy adding 
after the word, "state," in the third line of said section the follow- 
ing : for ten days continuously, at the expiration of which time they 
shall he subject to registration the same as automo'biles and motor 
cycles owned by residents of the state ; so that said section as 
amended shall read as follows: Sect. 6. Automoibiles or motor 
cycles owned by non-residents of this state and registered in some 
other state, may be operated lupon the roads and highways of this 
state, for ten days continuously, at the expiration of which time 
they shall be subject to registration the same as automobiles and 
motor cycles owned by residents of the state, subject, however, to 
the speed limitations contained in this act. Any non-resident per- 
son 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 susipension of such right by the secretary of state 
for cause as hereinafter provided. 

Sect. 4. That section 8 of chapter 86 of the Laws of 1905 be 
amended by striking out after the word "than" in the third line 
the word "twenty" and inserting in place thereof the word twenty- 
five, and striking out aLfter the word "than" in the fifth line the 
word "eight" and inserting in place thereof the word ten, so that 
said section as amended shall read as follows : Sect. 8. No auto- 
mobile or motor cycle shall be operated upon any public highway 
outside the business district or the compactly built sections of a 
city or town at a speed greater than twenty-five miles an hour, or 
within the business districts or compactly built sections of a city or 
town, at a speed greater than ten miles an hour. A point upon a 
road shall be considered 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 w'hich 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 s^hall 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 pu'blic. In traversing a crossing of 
intersecting ways or going around a corner or sharp cun'e in a 
road, the operator shall sound his horn or bell. 

Sect. 5. That section 11 of said chapter be amended by adding 
to said section the following : All fees in excess of the sums neces- 
sary to carry out the /provisions of this chapter shall be expended 
for the maintenance and imiprovement of the highways imder the 
direction of the governor and council, in accordance with the provi- 



1909] Chapter 154. 531 

sions of chapter 35, Laws of 1905, and amendments thereof, said 
balance to be in addition to all sums already appropriated or that 
■may hereafter be appropriated by the general court for the same 
purpose. So that said section as amended sliall read as follows : 
Sect. 11. 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 secretary of state into the 
treasury of the state, and such expenses as may be necessary in 
carrying out the provisions of this act shall be paid out of the 
treasury of the state. All fees in excess of the sums necessary to 
carry out the pro^dsions of this chapter shall be expended for the 
maintenance and improvement of the highways under the direction 
of the g'overnor and council, in accordance with the provisions of 
chapter 35, Laws of 1905, and amendments thereof, said balance to 
be in addition to all sums already appropriated or that may here- 
after be appropriated by the general court for the same purpose. 

iSect. 6. This act shall take efitect January 1, 1910, upon which Takes effect 
date all registrations of automobiles and motor cycles issued prior 1910.'*'^^ ' 
thereto shall terminate. 

[Approved April 9, 1909.] 



532 



Chapter 155. 



1909 



CHAPTER 155. 

AN ACT IN AMENDMENT OF SECTION 2, CHAPTER 101, SESSION LAWS OF 
1907. ENTITLED '^AN ACT TO EXTEND THE STATE HIGHWAY SYSTEM 
AND IN AMENDMENT OF CHAPTER 35, LAWS OF 1905, ENTITLED 'AN 
ACT TO PROVIDE FOR STATE AID AND FOR THE EXPENDITURE OF OTHER 
PUBLIC MONEYS IN THE PERMANENT IMPROVEMENT OF MAIN HIGH- 
WAYS THROUGHOUT THE STATE, AND IN AMENDMENT OF CHAPTER 
139, LAWS OF 1907.' " 



Section 

1. High Street in Warren and Benton 
designated as state highway. 

3 [2]. Annual appropriation of $125,- 

000, how expended. 

4 [3]. Meaning of "valuation." 

5 [4]. East Side, Merrimack Valley, 

and West Side roads ; location of 
routes ; state aid to towns ; 
highway bonds, issuance and 
form of; maintenance of trunk 
lines; expenditure of funds. 



Section 

6 [5]. Balance of prior appro] 

tions, how expended. 

7 [6]. Takes effect on passage; 

pealing clause. 



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



High street in 
Warren and 
Benton a state 
highway. 



Annual appro- 
priation of 
$125,000, 
how ex- 
pended. 



Section 1. Amend section 2 of said act by adding to said section 
the following words : And tihat portion of High street, so called, 
lying in the towns of "Warren and Benton, extending from the 
junction of said High street with the main road leading from War- 
ren to Haverhill, to the boundary of the property of the New 
Hampshire State Sanatorium, so that said section when amended 
shall read as follows: Sect. 2. The highways referred to in the 
above section are as follows : that part of the Sandwic<h Notch road 
in Sandwich commencing at the foot of " Notch hill " so called, and 
running westerly by said road to a point one mile and a half from 
said point of beginning; and the Miller Park road so called in the 
tO'^\Tis of Temple and Peterborough, beginning at a point on the 
main road near the base of Pack ^Nlonadnock mountain on the south 
side thereof and extending to and over the state reservation known 
as Miller Park, and that portion of High street, so called, lying in 
the towns of Warren and Benton, extending from the junction 
of said Higih street with the main road leading from Warren to 
Haverhill, to the boundary of the property of the New Hampshire 
State Sanatorium. 

Sect. 3 [2]. Amend section 10 of chapter 35, Laws of 1905. by 
striking out the entire section and substituting therefor the follow- 
ing: Sect. 10. The sum of .$125,000 annually is here'by appro- 
priated for the purpose of paying the interest and annual install- 



1909] Chapter 155. 533 

ments of the principal of the bonds hereinafter authorized and for 
the purpose of securing tlie permanent improvement of main high- 
ways in aceordance with the provisions of this aet, and for the 
maintenance of state highways. Any unexpended balance of any 
annual appropriation shall be applied to and be made additional to 
the appropriation for the succeeding year. ITpon the sale of any 
bonds the treasurer shall estimate the amount necessary to be set 
aside annually to cover such bonds when they shall become due, and 
shall also estimate the amount necessary to pay the interest on 
same, and the balance left after deducting said amounts shall be 
available for the other purposes mentioned in this act. After the 
said amount shall have been set aside, and after the expenses of 
the administration of this act and the amounts necessary for road 
maintenance shall have been provided for. the remainder of the 
total sum appropriated by this act, together with the proceeds from 
sale of bonds as hereinafter provided, shall be available for the 
purposes of section 5 of this aet. as designated under section 15 of 
this act. In making apportionments to said trunk lines it shall be 
the duty of the governor and council to apportion the sums as 
nearly equal as practicable to each of the three trunk lines as here- 
inafter described. 

Sect. 4 [31. Further amend said act by striking out the second Meaning of 

„ . ^ . , ., ,-inii n T\ "valuation." 

sentence of section 14 so that said section shall read as loilows: 
Sect. 14. The word "valuation" as used in this act shall be con- 
strued to mean the assessed valuation of the previous year. 

Sect. 5 [4]. Further amend said act by adding sections 15, 16, 
17, 18, 19, 20 and 21 as follows: 

Sect. 15. Tihe governor and council shall forthwith designate East side, 

„. - -.iin •,• 1 J- ^ • ^ Merrimack 

for improvement by suitable descriptaon three continuoiLs highwa}^ vaiiey, and 
from the Massachusetts state line northerly. The first route so roads. ' 
designated shall extend from the Massachusetts state line at Sea- 
brook to and through Pinkham Notch, thejice through Dixville 
Notch to Colebrook and shall be known as the East Side road. The 
second route so designated shall extend from the Massachusetts 
state line at Nashua over the road designated by the governor and 
council under chapter 139, Laws of 1907. and continuing beyond 
the said route to the town boundary between the towns of Wood- 
stock and Lincoln, and shall be known as the ■Merrimack Valley 
road. The third route so designated shall extend from the ]\rassa- 
eihusetts state line at a point to be determined by the governor and 
council along the Connecticut and Ammonoosue valleys to the 
terminus of the East Side road at Colebrook, and shall be known as 
the West Side road. 

Sect. 16. The routes of such highways may be changed from Location of 
existing highways by the governor and council to such extent as 



534 



Chapter 155. 



1909 



State aid to 
towns. 



Same subject. 



Highway 
bonds, issu- 
ance and 
form of. 



iu their opinion the good of the public may require, and for that 
purpose they are thereby authorized to designate such changes, to 
take or purchase laud and have damages assessed therefor in ac- 
cordance with the provisions of this act. 

Sect. 17. No city or town through which said roads are desig- 
nated to pass shall receive any state aid for highway improvement 
on city or town roads except on the road so designated until said 
improvements of such roads are completed within such cities or 
towns. No state funds, however, s^hall be expended for improve- 
ments of any highways in the compact portion of any city or town, 
should there be any, such compact portion to be determined by the 
governor and council. 

Sect. 18. Cities and towns in which the roads designated or 
provided for in sections 15 and 16 of this act lie, shall receive from 
the funds available as herein provided one-half the cost of such 
improvements of roads within their limits and such further sums 
in towns unaible to pay that proportion as in the opinion of tthe 
governor and council may he equitable. Improvements of said roads 
in any city or town shall he made upon application by said city or 
town as hereinbefore provided, except, however, that application 
shall not be required to be filed previous to May 1 of any year. 

Sect. 19. T.he treasurer of the state is hereby authorized under 
the direction of the governor and council, to issue bonds or certifi- 
cates of indebtedness in the name and on behalf of the state to an 
amount not exceeding one million dollars, payable in such sums 
and at sudh times, not exceeding thirty years, as the governor and 
council sihall determine. They shall bear interest not to exceed 3^2 
per cent, per annum, payable semi-annually, and have interest 
coupons attached to each bond and said bonds and coupons shall be 
signed by the treasurer and be made payahle at such place or 
places as the governor and council shall designate. Such bonds 
shall ibe called the Highway Bonds and shall be countersigned by 
the governor and shall be deemed a pledge of the faith and credit 
of the state. The secretary of state shall keep an account of all 
suoh 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 delivery- to the treasurer. The treasurer 
shall keep an account of each bond, sliowing 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 treas- 
urer may negotiate and sell such bonds by direction of the governor 
and council in such manner as they may determine most advaut^ige- 
ous to the state, but the amount to be issued in any one year shall 
not exceed one-fourth of the total authorized issue, and no bond 
shall be sold for less than its par value nor shall such bonds be 



1909] Chapter 155. 535 

loaned, pledged or hvpothecated iu any way whatever in behalf 
of the state. Before said bonds are negotiated and sold they shall 
be offered for at least thirty days to residents of the state of New 
Hampshire at par value and all bonds so disposed of shall not be 
taxable in this state, provided they are held by residents of this 
state, and shall bear interest ait 3 per cent. The proceeds of the 
sale of said bonds shall be held by the treasurer, and paid by him 
upon warrants drawn by the governor for the purposes of this act. 
but no proceeds, however, shall be used for the maintenance of 
highways or for any purpose except permanent construction or 
improvement as herein provided and for the necessary expenditures 
in the administration of this act. 

Sect. 20. The roads designated under seeitions 15 and 16 of this Maintenance 

. .... of trunk 

act shall be maintained by the city, town or place within which it iines. 
is located at the expense of the city, town or place, and to the 
satisfaction of the governor and council, and in case any city, 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 city, town or place 
for the next year, except that assistance may be rendered by the 
governor and council to such towns or places as are in their opinion 
equitably entitled thereto, from any funds provided for such pur- 
pose by this adt. 

Sect. 21. The governor is hei^eby authorized to draw his war- Expenditure 
rants for the payment of any sum or sums of money provided for °^ f^nda. 
by this act out of any money iu the treasury and all acts or parts 
of acts inconsistent with this act are hereby repealed and this act 
shall take effect upon its passage. 

Sect. 6 [5]. The unexpended amounts apportioned by the gov- Balance of 
ernor and council under chapter 139, Laws of 1907, to cities and prlations'.'^'^ 
towns on the Merrimack Valley road as provided for in that ehap- ^°^ expended, 
ter, together with the unexpended amounts appropriated by the 
towns on said road, shall continue as joint funds to be expended 
under the provisions of Chapter 35, Laws of 1905, as amended by 
this act. and all existing contracts made under the provisions of 
said chapter 139, Laws of 1907. shall remain in force. 

Sect. 7 [6]. This act shall take effect upon its pa.ssage, and all Takes efifect 
acts and parts of adts inconsistent with this act are herebv re- repealing 
pealed. " '^'"'^^"■ 

[Approved April 9. 1909.] 



536 



Chapter 156. 



1909 



CIHAPTER 156. 



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



Transporta- 
tion to no- 
license terri- 
tory regulated. 



Collection of 
purchase prije 
by carrier 
prohibited. 



Carriers to 
keep records 
of deliveries. 



Section 

1. Transportation of liquor regulated. 



Section 

2. Takes effect April 30, 1909. 



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

Section 1. Chapter 95 of the session Laws of 1903 entitled "An 
Act to regulate the Traffic in Intox'icating Liquor," as amended by 
chapt-er 49 of the session Laws of 1905, is hereby amended by 
adding thereto tJie following sections : 

Sect. 36. All liquor to be transported for hire or reward from 
any point in this state, for delivery in any no4ieense city or tovni 
in this state, s'hail be delivered by the seller or consignor to a 
person, partnership or corporation regularly conducting a general 
transportation or express business, in vessels or packages plainly 
and legibly marked on the outside with the name and address, by 
street and number if possible, of the seller or consignor, and with 
the name and address, by street and number if possible, of the 
purchaser or consignee, and with the kind and quantity of liquor 
contadned therein. The receipt, transportation or delivery of liquor 
laiowingly, without the same being lalbeled as herein provided, or 
the delivery of liquor, or any part thereof, either by a person, 
partnership or corporation, when transported as herein pro\dded, 
otherwise than as designated by the marks or directions thereon, 
or the delivery of the same to a fictitious person or to a person in 
a fictitious name, shall be punishable for each offense by a fine of 
not less than one hundred dollars. 

Sect. 37. No railroad company, express company, or other com- 
mon carrier, or any other person, in connection with the transporta- 
tion of liquor of any kind from one point in this state to any point 
in a no-license city or town in this state, shall collect the purchase 
price or any part thereof, before, on, or after delivery, from the 
consignee, or from any other person, or shall in any manner act 
as the agent of the buyer or seller of any such liquor, for the pur- 
pose of buyiu'g or selling or completing the sale thereof, sa\'ing 
only in the actual transportation and delivery of the same. 

(Sect. 38. Every person, partnership or corporation conducting 
a transportation or express l)usdness, receiving liquor in this state 
for delivery to any place in any no-license city or town in this 
state, or actually delivering any liquor to any person in any no- 
iicense city or town in this state, shall keep a book, or books, and 



1909] Chapter 156. 537 

plainly enter therein the date of the reception by him, them or 
it of each vessel or package of such liquor so received for trans- 
portation and a correct transcript of the marks and directions 
thereon and the date of its delivery by him. thean or it; and the 
naime of the person to whom delivered shall be signed to the same 
as a receipt; and said books shall at all times be open to the in- 
spection of tJie attorney-general of the state, the solicitor and sheriff 
of the county, the chief of police of the city or town, and the 
selectmen and prosecuting agent of the town in which said liquor 
is delivered, and the special agents of the state board of license 
commissioners. Xo suc'h person, partnership or corporation so eon- 
ducting a transportation or express ^business, shall laiowingly re- 
ceive or deliver any such vessel or package containing liquor, which 
does not contain the labels or marks prescribed in this act, and 
any person, partnership or corporation receiving liquors as afore- 
said and failing to keep the book and records as herein provided, 
shall be punished for each offense by a fine of not less than one 
hundred dollars. 

Sect. 39. All liquor transported in violation of the foregoing ^^"1]^^^^*'°'^ 
sections, or liquor transported according to said section but ad- 
dressed or marked to a fictitious person or fictitioas name, or to 
a person unknown or who cannot be found, or licpior shipped 
C. 0. D.. together with the casks, bottles and vessels containing the 
same, may be seized w'herever found, whether in transit or storage, 
and disposed of as provided by section 30 of chapter 112 of the 
Pu'blic Statutes, and. if sold, the proceeds thereof, less costs and 
expenses, shall be paid into the county treasury. 

vSect. 40. Any person, partnership or corporation who shall Penalty, 
violate any of the provisions of this act shall be punished by a 
fine of not less than one hundred dollars. It shall be the duty of 
the state board of license commissioners to enforce the provisions 
of this act. 

Sect. 41. Any person, partnership or corporation delivering or Penalty. 
offering for delivery to any pereon. partnership or corporation 
conducting a transportation husiness. any liquor for delivery in a 
no-license city or to\\Ti, with the vessels or packages containing 
such liquor not marked in accordance with the provisions of this 
act, shall be punished by a fine of not less than one hundred 
dollars. 

Sect. 2. This act shall take effect April 30. 1909. Takes effect 

* April 30, 

[Approved April 9. 1909.] i909- 



538 



Chapter 157. 
CHAPTER 157. 



1909 



AN ACT TO ESTABLISH A NORMAL SCHOOL, TO APPROPRL\TE MONEY FOR 
THE SAME, AND TO PROVIDE FOR ITS MAINTENANCE. 



To be estab- 
liebed in 
Keene. 



Acceptance of 
gifts and 
purchase of 
property. 



Local authori- 
ties to co- 
operate. 



Appropriation 
of $10,000. 



Section 

1. To be established in Keene. 

2. Acceptance of gifts and purchase 

of property. 

3. Local authorities to co-operate. 

4. Appropriation of $10,000 for estab- 

lishment. 

5. Government of school. 

6. Maintenance of model and practice 

schools. 



Section 

7. Co-operation by other cities and 

towns. 

8. Appropriation of $12,000 for main- 

tenance. 

9. Repealing clause; act takes effect 

on passage. 



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

Section 1. On or before ^lay 1, 1909, the governor and council 
and the board of trustees of the state normal .school shall organize 
as a joint board for the location and establishment of a normal 
school in Keene. 

Sect. 2. iSaid board is herciby authorized to receive aid in money, 
property or other valuable effects, for the benetit of said school 
from any and all individuals or municipal or other corporations. 
Said board is authorized to purchase or acquire such lands as it 
may deem best, consistent with the amount or means appropriated 
or otherwise obtained for such purposes. And in the purchase or 
accjuisition of lands and the buildings thereon, if any, said board is 
authorized and directed to procure a good and suitable deed of 
conveyance in the name of the state and a proper instrument of 
sale oif all such library, school furniture and apparatus therein as 
may be acquired. 

Sect. 3. No money shall be expended under the provisions of 
this act until the union school district in said city shall have agreed 
in writing through its duly authorized officials ^vith the duly 
authorized officials acting for the state, to co-operate with said 
school in the maintenance of model and practice schools, for a term 
of years, in such manner as ^hall meet with the approval of said 
trustees, and said district is hereby authorized to enter into such 
contract. 

Sect. 4. A sum not to exceed ten thousand dollars ($10,000) is 
hereby appropriated for the purposes of sections 1 and 2 of this 
act and the governor is hereby authorized to draw his warrant for 
all or any part of said amount upon any moneys in the treasury 
not otherwise appropriated, said sum to be used in connection with 
any other money or moneys that may be secured from any other 
source for the aforementioned purposes. 



1909] Chapter 157. 539 

Sect. 5. Said school when established shall be under the direc- Government 
tion of the board of trustees of the state normal school now estab- 
lished, and said board shall be styled The Board of Trustees of the 
New Hampshire Normal Schools. All provisions of chapter 95 of 
the Public Statutes and the amendments thereto, not inconsistent 
herewith, relating to the organization, government and maintenance 
of the normal school mentioned therein and all the duties imposed 
or prescribed thereby for the trustees, teachers or pupils and the 
superintendent of public instruction shall apply to and be observed 
in the organization, government and maintenance of the normal 
school established under this act. 

Sect. 6. The Board of Trustees of the New Hampshire Normal ^odei and 

practice 

Schools is hereby authorized to contract with any city or town m schools, 
the vicinity of either of the normal schools for the maintenance of 
practice schools therein in connection with said normal schools and 
may provide for the payment of such portion of tlie compensation 
of the supervising teachers employed in said practice schools as 
they may deem just and equitable. 

.Sect. 7. Anv citv or town is herebv authorized to enter into such Co-operation 

"^ .' '. . p by other 

contract as is provided by either section 3 or section 6 of this act; towns. 
also anj' city or town is authorized to make such gifts as it may 
determine for the establishment or maintenance of said school. 

Sect. 8. The sum of twelve thousand dollars ($12,000) is hereby Appropriation 
appropriated for the support and maintenance of said school for 
each school year beginning with the school year opening in Septem- 
ber 1909 and 1910. 

Sect. 9. All acts or parts of acts inconsistent with this act are Repealing 
hereby repealed and this act shall take effect upon its passage. Sfe'ffect 

[Approved April 9, 1909.] 



on passage. 



540 



Chapter 158. 



1909 



CHAPTER 158. 



AX ACT FOR THE SUPPORT AND ENCOURAGEMENT OF COMMON SCHOOLS. 



Sectiox 

1. Application of act limited. 

2. Apportionmeut of state aid. 

3. Employment of Normal School 

graduates, etc. 
District supervision and high school 
tuition. 



4. 



Section' 

5. Annual appropriation of $80,000. 

6. Prior appropriations discontinued. 

7. E.xpenditure of funds. 

8. Repealing clause; act takes effect 

on passage. 



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



Application 
limited. 



Apportion- 
ment of 
state aid. 



Normal school 
graduates, etc. 



District super- 
vision, etc. 



Section 1. No appropriation of money provided for in sections 
2 to 3 inclusive of this act shall be held to apply to towns having an 
equalized valuation of more than $7,000, per pupil of average at- 
tendance for the year preceding; or whose population by the last 
published federal census is more than 3,500; or whose schools have 
been maintained less than an average of thirty weeks for the school 
year next preceding; or whose tax rate for school purposes is less 
than $4.50 on one thousand dollars of equalized valuation ; provided, 
lioivever, that the last two clau.ses shall not be in force until July 
15, 1911. 

Sect. 2. There shall annually in the month of December be ap- 
portioned to all towns not excluded by the terms of section 1 and 
as hereafter ^provided state money as follows : 

I. To all towns having an eciualized valuation per pupil of 
average attendance of less than $2,000, tlie sum of $1.75 per school 
week for every twenty-five pupils or major part thereof of average 
attendance for the year next preceding. 

II. To all towns haWng an equalized valuation per pupil, of 
$2,000 or more and less than $3,000. $1.50. 

III. To all towns having an equalized valuation per pupil, of 
$3,000 or more and less than $4,000, $1.25. 

IV. To all towns having an equalized valuation per pupil, of 
$4,000 or rmwe and less than $5,000, $1.00. 

V. To all towns having an equalized valuation of $5,000 or more 
and les.s than $7,000, per pupil, $0.75. 

Sect. 3. Wilien any district shall employ graduates of a New 
Hampshire normal school, or of any normal school in another state 
of equivalent grade, or persons holding a permanent New Hamp- 
shire state teacher's certificate, it shall receive a further sum of $2 
per week for every teacher so employed. 

Sect. 4. There shall annually be reserved and set aside from the 
appropriation provided for by this act such sums as shall be needed 



1909 



Chapter 159. 



541 



for earrydng out the provisions of chapter 77, session Laws of 1899, 
relating to district supervision, and of chapter 96. session Laws of 
1901, relating to high school tuition. 

,Sect. 5. The sum of $80,000 annually is hereby appropriated 
to carry into effect the provisions oif this act, and any portion of 
such appropriation as shall remain unexpended in any year shall 
remain in the state treasury for use in subsequent years, and if in 
any year the above appropriation and accumulated surplus shall 
prove insufficient, then towns having the highest equalized valua- 
tion per pupil shall be omitted in order from the distribution pro- 
vided for in sections 2 and 3. 

Sect. 6. The sum appropriated iby section 5 shall be in place of 
the annual appropriations of $25,000. and $8,000, provided by 
chapter 77 Laws of 1899, and chapter 96, Laws of 1901, and amend- 
ments thereto, respectively, and such appropriations shall be dis- 
continued upon the passage of this act. 

Sect. 7. All money appropriated by this act. shall be expended 
under the supervision of the governor and council. 

Sect. 8. All acts and parts of acts inconsistent with the fore- 
going are hereby repealed, and this act .shall take effect on its 
passage. 

[Approved April 9. 1909.] 



Annual ap- 
propriation 
of $80,000. 



Prior ap- 
propriations 
discontinued. 



Expenditure 
of funds. 

Repealing 
clause; act 
takes effect 
on passage. 



CHAPTER 159. 



AN ACT IN AMENDMENT OP, AND IN ADDITION TO, CHAPTER 97 OF THE 
SESSION LAWS OF 1905, ENTITLED ''aN ACT FOR THE PROTECTION OF 
FORESTS FROM FIRE.'' 



Section 

1. Portable steam-mills to have spark 

arresters. 

2. Examination bv fire warden. 



Section 

3. Penalty for violation. 

4. Repealing clause; act takes effect 

on passage. 



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



Section 1. Xo person except when the ground is covered with Portable miiis 
snow shall operate within any city or town any portable steam-mill arresters. 
unless the same is provided with a suitable spark arrester, approved 
by the state forest fire w.arden — such approval shall be in writing, 
signed by the fire warden, and said approval may be revoked by 
said fire warden, in the same manner. 

iSect. 2. It shall be the dutv of the fire warden to examine all Examination 

• . .by fire war- 

portable steam^mills, whenever he deems it necessary, to determine den. 



542 



Chapter 160. 



1909 



Pecalty. 



Repealing 
clause ; act 
ta"kes effect 
on passage. 



whether they are provided with suitable spark arresters, and 
whether the same are kept in constant use, as provided for by sec- 
tion 1 of this act. 

Sect. 3. Any person operating a portable steam-'inill when the 
ground is not covered with snow without a suitaible spark arrester 
and the approval of the tire warden as herein provided, and any 
owner or part owner of said iniill knowingly permitting its opera- 
tion, shall be fined not less than fifty dollars and not more than one 
hundred dollars. 

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

[Approved April 9, 1909.] 



CHAPTE)R 160. 



AN ACT IN AMENDMENT OF SECTION 2, CHAPTER 79. OF THE SE.SSION 
LAWS, OF 1907, RELATING TO TRANSPORTATION BY COMMON CAR- 
RIERS. 



Railroad 
transportation 
of legislators 
and state 
officers. 



Section 

1. Railroad transportation of legisla- 
tors and state officers. 



Section 
3 [2]. 



Takes effect on passage. 



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

Section 1. That section 2, of chapter 79, of the session Laws of 
1907, is hereby amended, by striking out the words ''the salaried," 
in the fifth line, before the words "state officers," in the sixth line, 
and striking out the words ' ' appointed by the governor and council, 
or elected by the legislature, whose transportation expenses are 
made, by statute, a charge upon the state treasury," after the 
Avords "state officers," in the sixth line, and before the word "dur- 
ing," in the eighth line, and the word "salaried." before the words 
"state officers." in the seventeenth line, and the word "state," be- 
fore the word "officers" in the eighteenth line, so that said section, 
as amended, shall read as follows : Sect. 2. The governor is hereby 
authorized and directed to contract prior to each regular and extra 
sessioai of the general court, for the steam railroad transportation 
of the members, officers and employees of the same ; the governor 
is also hereby authorized and directed to contract for the trans- 
portation of state officers, during their respective terms of office. 
Said contract shall be made in the name of the state and the cost 
thereof shall be paid from tlie treasury upon the warrant of the 
governor. Such payment shall be in lieu of all mileage of memibers 



1909] 



Chapter 161. 



543 



and officers of the general court now provided by statute, except 
that the members and otficers of the general court who reside more 
than two miles from the nearest railroad station shall each receive 
twenty cents per mile for their travel to and from their homes to 
such railroad station each week, and such payment for the trans- 
portation of state officers shall be in full discharge of the state for 
all transiportation expenses of such officers on steam railroads. 

Sect. 3 [2]. This act shall take effect upon its passage. 

[Approved April 9, 1909.] 



Takes effect 
on passage. 



CHAPTER 161. 



AN ACT TO PROVIDE FOR AN ISSUE OF BONDS TO DEFRAY THE EXPENSES 
OF ESTABLISHING A STATE SANATORIUM FOR CONSUMPTIVES IN LIEU 
OF THE BONDS AUTHORIZED BY CHAPTER 92 LAWS OF 1905. 



Section 

1. Issue of bonds authorized. 

2. Designation and form of bonds. 

3. Exemption from taxation. 

4. Prior provisions repealed. 



Section 

5. Expenditure of proceeds. 

6. Disposition of residue. 

7. Takes effect on passage. 



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



Section 1. The state treasurer is hereby authorized, under the issue of bonds 

-..„. , .-. - /»j?(». authorized. 

direction oi the governor and council, to borrow the sum oi nity 
thousand dollars ($50,000) on the credit of the state; and to issue 
bonds, or certificates of indebtedness therefor, in the name and on 
behalf of the state, payable om July 1, 1919, 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 eacJi 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 places as the governor and 
council may designate. 

Sect. 2. Said bonds shall be designated New Hampshire State Designation 
Sanatorium Bonds, and shall be signed by the treasurer, and coun- ''" °'™' 
tersigned 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 delivery to the state treasurer. The treas- 
urer shall keep a record of all bonds disposed of by him, showing 
the number thereof, the name of the person to whom sold, the 



544 



Chapter 162. 



1909 



Exemption. 



Prior provi- 
sions repealed. 



Expenditure 
of proceeds. 



Disposition of 
residue. 



Takes effect 
on passage. 



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, Init 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. 3. Said bonds when owned by residents or sa\'ings banks 
of this state shall be exempt from taxation. 

Sect. 4. The issue of bonds provided for by this act shall be in 
lieu of the bonds provided for by sections 10, 11, and 12 of chapter 
92 of the Laws of 1905, which said sections in so far as they are 
inconsistent with this act are hereby repealed. 

Sect. 5. Such portion of the proceeds of said bonds as may be 
necessary shall 'be used to reimburse the treasury for moneys here- 
tofore paid from the treasury upon the order of the governor and 
council for the purpose of carrying out the provisions of said chap- 
ter 92 o'f the Laws of 1905. And the action of the governor and 
council and the state treasurer in making such payments from the 
ordinary revenue of the state in lieu of issuing the bonds provided 
for iby said chapter 92 of the Laws of 1905 is hereby raitified. ap- 
proved, and confirmed. 

Sect. 6. The balance, if any. of the proceeds of said bonds shall 
be used to carry out the pro\'isions of said chapter 92 of the Laws 
of 1905. 

Sect. 7. Tiliis act shall take effect upon its passage. 

[Approved April 9, 1909.] 



CHAPTER 162. 



AN" ACT TO PROHIBIT THE MANUFACTURE AND SALE OF COCAINE AND 
ARTICLES CONTAINING COCAINE. 



Section 

1. Sale of catarrh cure, etc., contain- 

ing cocaine prohibited. 

2. Sale of cocaine, etc., regulated. 

3. Sale of unlawful preparation by 

druggist. 



Sectiok 

4. Penalty for violation. 

5. Takes effect on passage. 



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



Sale in 
catarrh cure, 
etc., pro- 
hibited. 



Section 1. It shall be unlawful for any person, firm or corpora- 
tion to manufacture any so-called catarrh powder or catarrh cure, 
or any patent or proprietary preparation containing cocaine, or 



1909' 



Chapter 162. 



545 



any of its salts, or alpha or beta eucaine, or any of their salts, or 
any synthetic substitute for the aforesaid. 

Sect. 2. It shall be unlawful for any person, firm or corporation 
to sell, exchange, deliver, expose for sale, give away or have in his 
possession or custody with intent to sell, exchange, deliver, or give 
away, in any street, way, square, park or other public place, or in 
any hotel, restaurant, liquor saloon, bar-room, public hall, place of 
amusement, or public building any cocaine or any of its salts, or 
any symthetic substitute for the aforesaid, or any preparation con- 
taining any of the same, provided, Jiowever, that the foregoing 
provisions shall not apply to sales of apothecaries, druggists, physi- 
cians, veterinaries and dentists, nor to sales by apothecaries or 
druggists upon the original prescription of a physician provided 
the prescription is retained aind kept on file as authority for the 
sale and not refilled. 

Sect. 3. It shall be unlawful for any pharmacist or other person 
employed or serving in a pharmacy, drug store or apothecary shop, 
to the proprietor of which a written notice has been sent by regis- 
tered mail by an officer or employee of the state board of health 
stating that any patent or proprietary medicine or article, naming 
the same, contains cocaine or any of its salts or any alpha or beta 
eucaine, or any of their salts, or any synthetic substitute for the 
aforesaid, to thereafter sell any such medicine or article, except 
upon a physician's prescription. 

Sect. 4. Whoever violates any provision of this act shall be 
punished by a fine of not more than one hundred dollars, or by 
imprisonment for not more than three months in a county jail or 
house of correction, or by botli .such fine and imprisonment. 

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

[Approved April 9, 1909.] 



Sale of 
cocaine regu- 
lated. 



Sale of 

unlawful 

preparation 

by druggist. 



Penalty. 



Takes effect 
on passage. 



54:6 



Chapter 163. 



1909 



CHAPTER 163. 



AN ACT TO PROVIDE FOR SANITARY INSPECTIONS. 



Sectiox 

1. State board of health may employ 

inspectors. 

2. Examination of meat supplies. 

3. Of general food products. 

4. Investigation of local sanitary con- 

ditions. 



Section 

5. General duties of inspectors. 

6. Itemized aceount of expenses. 

7. Annual appropriations of $2,500. 

8. Takes effect on passage. 



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



Employment 
of inspectors. 



Examination 
of meat sup- 
plies. 



Of general 
food products. 



Local investi- 
gations. 



General duties 
of inspectors. 



Section 1. The state board of health is hereby authorized to 
employ, from time to time, one or more persons as inspectors, for 
such period of service as the said board may require, and who shall 
be paid a reasonable per diem and actual expenses, legally incurred 
when engaged in the performance of the duties prescribed by law. 

Sect. 2. It shall be the duty of the said inspector, acting under 
the direction of the state board of health, to make examinations 
as far as may be of the meat supplies sold in this state not guaran- 
teed by government inspection, with reference to the detection of 
illegal, unsuitable, or diseased meats; the sanitary condition of 
slaughtering establishments and places where meats are kept ; the 
methods of preparing meat products for sale, and such other in- 
vestigations of meat products as may be authorized by the state 
board of health. 

Sect. 3. The said inspector shall make examinations of general 
food products offered for sale in this state, for the purpose of 
detecting violations of the pure food laws, and he shall collect sam- 
ples of suspected food products for analysis at the state laboratory of 
hygiene. 

iSect. 4. The said inspector shall, under the direction of the 
state board of health, investigate local sanitary conditions in con- 
junction with and upon request of local boards of health in cases 
where such expert advice is deemed necessary by the state board 
of health. 

Sect. 5. In addition to the speciiic duties herein prescribed, the 
said inspector shall perform such other duties in connection with 
puiblic health matters as the state board of health shall direct, and 
whoever hinders, obstructs, or in any other way interferes with 
said inspector in the performance of his duties, shall be fined not 
exceeding fifty dollars for the first offense, and one hundred dollars 
for each subsequent offense. 



1909] Chapter 164. 547 

Sect. 6. Au itemized account of all expenses incurred under the itemized 
provisions of this act shall be rendered to aud audited by the state 
auditor. 

Sect. 7. For the purpose of carrying out the provisions of this Annual ap- 
act and better to enforce the provisions of chapter 48, Laws of or$2!5oo"* 
1907, to prevent the manufacture and sale of adulterated and mis- 
branded foods, a sum not exceeding twenity-five hundred doillars is 
hereby appropriated, for each of the years 1910 and 1911 and the 
governor is authorized to draw his warrant on the treasury for so 
much thereof as may be required, to be paid out of any money in 
the treasury not otherwise appropriated. 

Sect. 8. This act shall take effect upon its passage. Takes effect 

on passage. 

[Approved April 9, 1909.] 



OHAPTEiR 164. 



AN ACT IN AMENDMENT OF SECTIONS 1. 2 AND 3 OP CHAPTER 137 OP 
THE SESSION LAW'S OP 1907, ENTITLED ''aN ACT IN RELATION TO 
FIRE ESCAPES ON CERTAIN BUILDINGS." 



Section 

1. Certain buildings to have fire es- 

capes. 

2. Exits to have red lights. 



Section 

3. Penalty for violations. 

4. Repealing clause: act takes effect 

September 1, 1909. 



Be it enacted hij the Senate and House of Eepresentatives in 
General Court convened: 

■Section 1. Amend section 1 of clfapter 137 of the session Laws Certain buiid- 
of 1907 by striking out all of said section aud inserting in place tvfe^cl^Z 
thereof the following: Section 1. No building three or more 
stories in height, any part of which is used or occupied above the 
second story as a hotel, transient lodging-house, schoolhouse, orphan 
asylum, theatre, hall for pinblic assembly or factory shall be let. 
leased or occupied for such purposes unless provided with a steel or 
wrought iron ladder or stairway fire escape attached to the outer 
wall and with platforms of like material of such size, shape and 
nearness to one or more windows of each story above the first or 
ground floor a^ to render access thereto easy and safe. If said . 
building be of a length greater tJian one hundred and fifty feet 
it shall be provided with one additional such fire escape for every 
additional one hundred and fifty feet or fractional part thereof. 
Provided thait any other metal fire escape may be so attached if 
approved by the building inspector, chief of the fire department 



548 



Chapter 165. 



1909 



Exits to have 
red lights. 



Penalty. 



Repealing 
clause ; act 
takes effect 
September 1, 
1909. 



or board of selectmen. The provisions of this section shall not 
apply to any such factory building which shall be adequat-ely 
equipped with fire-proof stairways, or other mean>s of exit, duly 
approved in writing by said officers. 

Sect. 2. Amend section 2 of said act by striking out all after 
the word "lights" in the third line thereof and inserting in place 
thereof the following : during such hours of the night as the build- 
ing is occupied for the purposes designated in section 1 of this act, 
so that said section as amended shall read: Sect. 2. Such fire 
escapes shall reach within eight feet of the ground and the loca- 
tion of the exits thereto shall be designaited by red lights during 
such hours of the night as the building is occupied for the purposes 
designated in section 1 of this act. 

Sect. 3. Amend section 3 of said chapter by adding at the end 
of said section the following: and it shall be the duty of said offi- 
cers to enforce the provisions of this act, so that said section as 
amended shall read: Sect. 3. If any person shall violate any of 
the provisions of this act, he shall be fined not exceeding five hun- 
dred dollars or imprisoned not exceeding six months, or both, and 
it shall be the duty of said offieers to enforce the provisions of this 
act. 

Sect. 4. All acts and parts of acts inconsistent with this act are 
hereby repealed and this act shall take effect September 1, 1909. 

[Approved April 9, 1909.] 



CHAPTER 165. 



AN ACT TO AUTHORIZE THE COUNTY OF CHESHIRE TO TAKE CERTAIN 
WATER FOR COUNTY FARM PURPOSES. 



Authority 
granted. 



Section 

1. Authority granted. 

2. Right of eminent domain. 



Section 

3. Takes effect on passage. 



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

Section 1. That the county of Cheshire is hereby authorized 
and empowered to take and acquire the right to take and divert 
the water froim Partridge brook, so-called, at any place at or below 
the land of Guy L. Pierce on which his mill stands, in the town of 
Westmoreland, in said county, and divert and use the waters 
thereof for furnishing water to the county farm belonging to said 
count V, in said Westmoreland, for domestic and other uses at said 



1909] Chapter 165. 549 

farm, and for said purpose may construct, erect, manage and main- 
tain on said brook as aforesaid suitable dams and reservoirs for 
the storing of said waters, and works suitable and necessary for 
conducting, distributing and using said water, and may, when 
necessary for said storage purposes, flow any lands and lands con- 
tiguous thereto, and may acquire by purchase or otherwise any and 
all real or personal estate or rights therein and water rights and 
rights to dig and excavate canals and ditches in any street, high- 
way or other land or place, over or through which it may he deemed 
necessary and proper to lay and maintain suitable water pipes or 
aqueducts for the purpose olf conveying the water from said brook 
or diverting the same for the purposes aforesaid, and to lay, main- 
tain and repair any necessary water pipes or aqueducts over aiid 
upon such lands, streets or places. 

Sect. 2. If in the opinion of the county commissioners of said Right of emi- 
county it shall be necessary to enter upon and appropriate any ^^^ omam. 
stream, spring or pond, or to raise or lower the level of the same 
by dams or otherwise for the purposes aforesaid, or to flow any 
lands through which said brook flows, or which may be contiguous 
thereto, or to enter therein for any of the purposes above named, 
and said commissioners are un'able to agree with the owner or 
owners theredf as to the amount of the damaiges that may he 
occasioned by said entry and appropriation or flowage or the owner 
or owners shall be unknown, said owner or owners or said com- 
missioners may apply to the trial term of the superior court for 
said county to have the damages for such entry, appropriation or 
flowage determined, but the decision of said commissioners that 
the taking thereof aiforesaid is necessary shall be final and con- 
clusive. Said court shall thereupon appoint a committee of three 
competent, disinterested persons to determine the amount of dam- 
ages occasioned by the entry and appropriation aforesaid, and said 
committee shall appoint a time and place of hearing and give notice 
thereof and otherwise proceed in the same manner as is now pro- 
vided by law for laying out of highways hy the board of county 
commissioners, and shall, after said hearing, make report to said 
court, which shall thereupon enter judgment and issue execution 
accordingly. If either party shall desire they shall be entitled to 
a trial by jury to determine the amount of damages occasioned. 

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

[Approved April 9, 1909.] on passage. 



550 



Chapter 166. 



1909 



CHAiPTER 166. 

AN ACT IN AMENDMENT OF SECTION 11 OF CHAPTER 55 OF THE PUBLIC 
STATUTES RELATING TO TAX EXEMPTIONS. 



Exempted 
property ap- 
jiraised for 
state and 
county taxes. 



Takes effect 
on passage ; 
application 
limited. 



Section 

1. Exempted property appraised for 
state and county taxes. 



Section' 

2. Takes effect on passage; application 
limited. 



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

Section 1. Amend section 11 of chapter 55 of the Public 
Statutes by adding at the end of said section the following: Pro- 
vided, however, tliat the assessors shall annually appraise such 
property and the valuation determined upon for the same shall be 
added to the valuation of all other property in the town to de- 
termine the total valuation for the purposes of state and county 
tax. So that said section as amended shall read: Sect. 11. Towns 
may by vote exempt from taxation for a term not exceeding ten 
years any ,m'anufacturing establishment proposed to be erected or 
put in operation therein and the capital to be used in operating 
the same, unless such establishment has been previously exempted 
by some town. Provided however, that tbe assessors shall annually 
appraise such property and the valuation determined upon for the 
same shall be added to the valuation of all other property in the 
town to determine the total valuation for the purposes of state and 
county tax. 

Sect. 2. This act shall take effect upon its passage, but shall 
not be construed to apply to any property exempted previous to 
such passage. 

[Approved April 9, 1909.] 



1909] ' Chapters 167. 168. 551 

CHAPTER 167. 

AN ACT TO DEFINE THE DUTIES OF THE TREASURER OF THE STATE BOARD 
OF LICENSE COMMISSIONERS WITH REFERENCE TO PUBLIC FUNDS. 



Section 

1. Liquor license receipts, how de- 
posited. 



Section' 

2. Takes effect on passage. 



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

Section 1. The treasurer of the State Board of License Com- Liquor license 
missioners shall deposit any portion of the public funds in his depoTited."^ 
possession in such national banks within this state or such trust 
companies incorporated under the laws of, or doing business within 
this state, as shall be approved, at least once in six months, by the 
governor and council, but the amount deposited in any one banlv 
or trust company shall not at any one time exceed forty per cent, 
of its paid-up capital and surplus. Other things being equal, 
those banks or trust co^mpanies shall receive preference which will 
allow interest on daily balances. Ml interest received on such de- 
posits shall be distributed to such towns and counties in this state 
proportionally in the same manner as said public funds in his 
possession are distributed. 

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

on passage. 

[Approved April 9, 1909.] 



CHAPTER 168. 



AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE STATE 
OP NEW HAMPSHIRE FOR THE YEAR ENDING AUGUST 31, 1910. 

Section i Section 

1. Appropriations for sundry purposes. 2. Takes eflfect June 1, 1909. 

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

Section 1. The sums hereinafter mentioned are appropriated, 
to be paid out of the treasury of the state, for the purposes speci- 
fied, for the fiscal year, ending on the thirty-first day of August, 
nineteen hundred and ten, to wit : 

For the executive department, $12,000, as follows : For salary Executive. 
of the governor, three thousand dollar. For salary of the gov- 



552 



Chapter 168. 



[1909 



Secretary of 
Stat*. 



State treas- 
urer. 



Adjutant- 
general. 



Insurance 
commissioner. 



ernor's secretary, eight hundred dollars. For the honorable coun- 
cil, per diem and expenses, fiifty-seven hundred and fifty dollars. 
For the contingent fund, fiifteen hundred dollars. For transporta- 
tion, six hundred dollars. For incidentals, one hundred dollars. 
For printing blanks, two hundred and fifty dollars. 

For the secretary of state department, $8,900, as follows: For 
salary of the secretary of state, three thousand dollars. For salary 
of the deputy secretary Oif state, thirteen hundred and fifty dollars. 
For clerical expenses, stenographer, seven hundred dollars. For 
incidentals, three hundred dollars. For printing report, five hun- 
dred dollars. For printing 'blanks, one hundred and fifty dollars. 
For printing inventory blanks, five hundred dollars. For express, 
six hundred and fifty dollars. For postage, three hundred and fifty 
dollars. For indexing Province records and clerical expenses, four- 
teen hundred dollars. 

For the treasury department, $12,050, as follows: For salary 
of the treasurer of the state, twenty-five hundred dollars. For 
salary of the deputy treasurer, fifteen hundred dollars. For cleri- 
cal expenses, one thousand dollars. For incidentals, two hundred 
and seventy-five dollars. For printing report, three hundred dol- 
lars. For printing blanks, one hundred and twenty-five dollars. 
For compiling statistics, (see chapter 16, Public Statutes) two 
hundred dollars. For treasurer's and deputy's bonds, four \n\n- 
dred and fifty dollars. For expense of the legacy tax law: For 
salary of the attorney in charge, twenty-five hundred dollars. For 
salary of other assistants, not exceeding, twelve hundred dollars. 
For other expenses, including printing, stationery, traveling ex- 
penses, fees of registers of probate for copies, incidentals, not 
exceeding in all, two thousand dollars. 

For the adjutant-general's department, $57,000. as follows: For 
salary of the adjutant-general, fifteen hundred dollai's. For cleri- 
cal expenses, eight hundred dollars. For incidentals, six hundred 
dollars. For printing blanks, eleven hundred dollars. For rifle 
ranges, thirteen hundred dollars. For officers' uniforms, thirty- 
five hundred dollars. For armories, (Concord, jManchester and 
Nashua), seven thousand dollars. For New Hampshire National 
Guard, forty-one thousand two hundred dollars. For military 
organizations, $300, as follows : For Amoskeag Veterans, one hun- 
dred dollars. For Manchester War Veterans, one hundred dollars. 
For Liafayette Artillery Company, one hundred dollars. 

For insurance department, $5,700, as follows: For salary of the 
commissioner, two thousand dollars. For clerical expenses, thirteen 
hundred dollars. For incidentals, seven hundred dollars. For 
printing report, thirteen hundred dollars. For printing blanks^ 
four hundred dollars. 



1909 J Chapter 168. 553 

For supreme court department, $25,350. a.s follows: For .salaries supreme 
of justices, twenty thousand two hundred dollars. For salary of 
the clerk, five hundred dollars. For salary of the messenger, two 
hundred dollars. For examination of students, three hundred dol- 
lars. For incidentals, five hundred dollars. For justices' expenses, 
seven hundred dollare. For transportation, one hundred dollars. 
For salary of state reporter, eighteen hundred dollars. For print- 
ing of law reports, ten hundred and fifty dollars. 

For superior court department, $22,500, as follows : For salary Superior 
of justices, twenty thousand two hundred dollars. For justices' 
expen-ses. nineteen hundred dollars. For incidentals, one hundred 
dollars. For transportation, three hundred dollars. 

For attorney-general's department, $3,360, as follows: For Attorney- 
salary of attorney-tgeneral, twenty-five hundred dollars. For cleri- ^^°®^*- 
eal expenses, two hundred dollars. For incidentals, three hundred 
dollars. For printing report, thirty dollars. For printing blanks, 
tlhirty dollars. For enforcement of liquor laws, three hundred 
dollars. 

For probate court department, $9,900, as follows: For salaries Probate 
of judges: Rockingham county, twelve hundred dollars. Stratford 
county, eight hundred dollars. Belknap county, six hundred dol- 
lars. Carroll county, seven hundred dollare. ^lerrimack county, 
twelve hundred dollars. Hillsborough county, two thousand dol- 
lars. Cheshire county, nine hundred dollars. Sullivan county, 
six hundred dollars. Grafton county, one thousand dollars. Coos 
county, nine hundred dollars. For salaries of registers of probate 
and deputies, $11,000, as follows: Rockingham county, regi.ster. 
twelve hundred dollars ; deputy, five hundred dollars. Strafford 
county, register, one thousand dollars. Belknap county, register, 
six hundred dollars. Carroll county, register, six hundred dollars. 
IMerrimack county, register, twelve hundred dollars ; deput.y, five 
hundred dollars. Hillsborough county, register, fifteen hundred 
dollars; deputy, eight hundred dollars. Cheshire county, register, 
six hundred dollars. Sullivan county, register, six hundred dol- 
lars. Grafton county, register, one thousand dollars. Coos county, 
register, nine liundred dollars. 

For bank commissioners' department, $12,000, as follows: For Bank com- 

, . „ . . missioners. 

salaries ot commissioners (3), seventy-five hundred dollars. For 
clerical expenses, one thousand dollars. For expenses, of commis- 
sioners, including transportation and rent, tw^elve hundred dollars. 
For incidentals, printing report, printing blanks, and other ex'- 
pen.ses, twenty-three hundred dollars. 

For railroad commissioners' department, $9,000, as follows: For Railroad 
salaries of railroad commi.ssioners (3), .sixty-seven hundred dollars. '^°"'^^®®''''^® 
For salary of the clerk, three hundred dollai*s. For clerical ex- 



554 



Chapter 168. 



1909 



Fish and game 
comBiissioners. 



Board of 
agriculture. 



Soldiers' 
home. 



Public in- 
struction. 



S'tate library. 



State house. 



State hospital. 



penses, stenograpliei's, seven hundred dollar.s. For printing report 
and office rent, thirteen hundred dollars. 

For fish and game commissioners' department, $8,600, as follows: 
For salaries of commissioners (3), twenty -six hundred dollars. 
For general expenses, thirty-two hundred and thirty dollar.s. For 
personal expenses, thirteen hundred and iifty dollars. For detect- 
ives, one thousand dollars. For incidentals, one hundred and 
twenty^five dollars. For transportation, one hundred and eighty- 
five dollars. For printing, one hundred and ten dollars. 

For board of agriculture department. $7,200, as follows: For 
salary of tlie secretary, fifteen hundred dollars. For clerical ex- 
penses, one tihousand dollars. For incidentals, two hundred and 
fifty dollars. For printing blanks, two hundred and fifty dollars. 
For expenses of members of the board, three hundred dollars. For 
feeding-stuft's inspection, six hundred dollars. For fertilizer in- 
spection, sixteen hundred dollars. For institutes and public meet- 
ings, twelve hundred dollars. For nursery inspection, threi? hun- 
dred dollars. For seed inspection, two hundred dollars. For 
immigration department, $3,000, as follows: For preparing and 
issuing publications, three 'thousand dollars. For contagious dis- 
eases, cattle commission, $15,000, as follows: For animals destroyed, 
ten thousand dollars. For inspection, disinfection and appraisal, 
thirty-five hundred dollars. For services and expenses of the 
board, fifteen hundred dollars. For possible expenses in ea.ses of 
epidemics, five thousand dollars. 

For soldiers' home, $15,000, as follows: For maintenance, fif- 
teen thousand dollars. 

For public instruction department. $7,650, as follows : For 
salary of superintenldent, twenty-five hundred dollars. For salary 
of the clerk, one thousand dollars. For truant officer, chapter 61, 
Pamphlet Laws 1901. fifteen hundred dollars. For printing, inci- 
dentals, expenses of superintendent, transportation, twenty-six hun- 
dred and fifty dollars. 

For state library department. $16,000, as follows: ^Maintenance 
of building, three thousand and fifty dollars. Salaries, fifty-eight 
hundred dollars. Books, periodicals and binding, five thousand 
dollars. Expense of trustees, one hundred and fifty dollars. ^lain- 
tenance of library, two thousand dollars. 

For state house, $4,455. as follows: For salaries, twenty-two 
hundred and fifty dollars. For lighting, five hundred dollars. 
For water, fifty-five dollars. For fuel, nine hundred and fifty dol- 
lars. For mi.scellaneous, seven hundred dollars. 

For state hospital department, $200,000, as follows: For the 
support of indigent, convict, twent^'-year patients, and dependent 
insane, including salaries and wages of officers and employees, and 
library, two hundred thousand dollars. 



1&09] Chapter 168. 555 

For labor bureau departauent. $2,725, as follows : For salary of r^abor bureau. 
the commissioner, fifteen hundred dollars. For salary of tOie clerk, 
nine hundred dollars. For incidentals, one hundred dollars. For 
printing blanks, twenty-live dollars. For traveling expenses, two 
hundred dollars. 

For sta'te board of health department. $3,550. as follows : For uoard of 
salary of seeretarj^, twenty-five hundred dollars. For salary of 
clerk, five hundred dollars. For incidentals, four hundred and fifty 
dollars. For printing blanks, one hundred dollars. 

For state board of charities and correction department, $3,050. Hoard of 
as follows: For salary of secretary, twelve hundred dollars. For correction." 
clerical expenses, eight hundred dollars. For incidentals, two hun- 
dred and fifty dollars. For printing blanks, sixty dollars. For 
rent, two hundred and ft)rty dollars. For traveling expenses, five 
hundred dollars. 

For interest charges and matured bonds, $81,468.91, as follows: interest 
Interest: For library bonds loan, ten thousand dollars. For ^^i^X^d""*^ 
Agricultural College loan, fifty-four hundred dollars. For hospi- 'io"ds. 
tal loan, first issue, fifty-six hundred dollars. For hospital loan, 
second issue, fifty-two hundred and fifty dollars. For ho.spital 
loan, new issue, two thousand nine hundred and seventy-five dol- 
lars. For sanatorium loan, eight hundred and seventv-five dol- 
lars. For Fiske legacy, ten hundred and fifty-five dollars and four- 
teen cents. For Kimball legacy, two hundred and seventy dollars 
and fourteen 'cents. For Agricultural College fund, forty-eight 
hundred dollare. For H. Smitii fund, four hundred dollars. For 
institute fund, twenty-four hundred dollars. For temporary loans, 
twenty-five hundred dollars. For Thompson fund, fifteen thousand 
nine hundred and forty-three dollars and sixty-three cents. For 
state house bonds, fourteen thousantl dollars. Bonds: For state 
hospital, due July ], 1910, ten thousand dollars. 

For industrial school department, $38,100. as follows: For industrial 
salaries, eight tJiousand dollars. For clerical expenses, one hun- 
dred dollars. For maintenance for inmates, estimated at two hun- 
dred, at two dollars and fifty cents per week, twenty-six thousand 
dollars. For manual training, new machinery, and better protec- 
tion against fire, (H. J. R. No. 4) four thousand dollars. 

For state normal sc'hool department, $25,355, ,]:<. folloiws: For xormai sdiooi. 
salaries of teachers and clerk, nineteen thousand dollars. For main- 
tenance and operation of plant, five thousand dollars. For inci- 
dentals, one thousand dollars. For printing report, thirty dollars. 
For expenses of trustees, three hundred and twenty-five dollars. 

For state prison department, $8,700, as follows: For warden's state prison. 
salarj^, two thousand dollars. For chaplain's salary, one thousand 
dollars. For pr'ison library, two hundred dollars. For special re- 



556 



Chapter 168. 



[1909 



Lights and 
buoys. 



Deaf, dumb, 
aud blind. 



Laboratory 
of hygiene. 



Lunacy com- 
mission. 



State 
historian. 



Pharmacy 
commission. 



Printing 
commission. 



Dentistry 
board. 



Sundry ap- 
propriations. 



pairs, one thousand dollar.s. For deficit in running expenses, four 
thousand dollars. For salary to prison physician, five hundred 
dollars. 

For ligiits and buoys department, $1,800, as follows: For Win- 
nipesaukee lake, lights and buoys, eleven hundred dollars. For 
Sunapee lake, lights and buoys, four hundred dollars. For Squam 
lake, lights and buoys, three hundred dollars. 

For deaf, dumb and blind department. $16,000, as follows : For 
the support and education of the deaf, dumb and blind pei-sons 
of the state, fifteen thousand eight hundred and fifty dollars. For 
the deaf mute mission, one hundred and fifty dollars. 

For laboratory of hygiene department, $6,000. as follows : For 
salaries of two chemists, twenty-seven hundred dollars. For two 
bacteriologists, e'ightee'n hundred dollars. For incidentals, eleven 
hundred dollars. For printing blanks, Sanitary Bulletin, four hun- 
dred dollars. 

For commissioners of lunacy department. $800. as follows: For 
clerical expenses, five hundred dollars. For incidentals, two hun- 
dred dollars. For printing blanks, one hundred dollars. 

For state historian, $-4,3'00, as follows : For compensation, twelve 
hundred dollars. For clerical expenses, eight hundred dollai-s. 
For incidentals, including traveling expenses, two hundred and 
fifty dollars. For printing and binding one volume, two thousand 
dollars. For printing blanks, fifty dollars. 

For commissioners of pharmacy department, $800, as follows : 
For compensation, three hundred and seventy-five dollars. For 
incidentals and expenses, four hundred and five dollars. For print- 
ing blanks, twenty ddllars. 

For public printing commission department, $1,600, as follows: 
For clerical expenses, six hundred dollars. For incidentals, one 
hundred dollars. For printing blanks, fifty dollars. For purchase 
of paper stock, to be carried as "stock to be accounted for," eight 
hundred and fifty dollars. 

For New HamipsMre boaixl of registration in dentistry. $400. as 
follows: For compensation, one hundred and fifty dollars. For 
transportation and hotel expenses, sixty dollars. For incidentals, 
one hundred and ninety dollars. 

For 'bounty on bears and grasshoppers, four hundred dollars. 

For firemen's relief fund, two thousand dollars. 

For Granite State Dairymen's Association, $700, as follows: For 
expenses, seven hundred dollars. 

For New Hampshire Horticultural Society, as follows: For ex- 
penses, five hundred dollars. 

For New Hamp.sihire Historical Society, five hundred dollars. 

For expenses of automobile department. $1,200, as follows: For 



1909] Chapter 168. 557 

incidentals, fifty dollars. For printing blanks, one hnndred and 
fifty dollars. For postage, express and freight, four hundred dol- 
lars. For number plates, six hundred dollars. 

For vital statistics department, $1,600, as follows: For clerical vital 

.. Ill- 111 11 statistics. 

expenses, incidentals and printing blanks, sixteen hundred dollars. 

For department of indexing, $1,000. as follows : For salaries, 
one thousand dollars. 

For department of Grand Army of the Republic, $300. as fol- Sundry ap- 
lows : For printing, three hundred dollar.s. 

For Australian ballot, $100. 

For New HampsiWire State Sanatorium, $22,500, as follows : For 
buildings, under House Joint Resolution Xo. 23, ten thousand dol- 
lars. For maintenance, twelve thousand five hundred dollars. 

For New Hampshire school for feeble-minded, $65,100. as fol- . School for 
lows : For maintenance, including salaries, pay-roll, supplies, on **^ ^'^^^ ^ ' 
a basis of one hundred and eighty pupils, besides employees, thirty- 
five thousand one hundred dollars. For buildings, furnishings, 
etc., thirty thousand dollars. 

For highway department, $125,000. a.s follows : For highway Highways. 
department, to carry out provisions of chapter 35, Laws of 1905, 
and amendiments thereto. This appropriation not being an addi- 
tion to the appropriation of $125,000. annually, of said chapter, 
but in place of the same. 

For New Hampshire College of Agriculture and ^Mechanic Arts, state college. 
$3,000, as follows: For providing free tuition for students in said 
college who are residents of New Hampshire, (section 12. chapter 
11, Public Statutes) three thousand dollars. 

For auditor's department, eight thousand dollars ($8,000). Sundry ap- 

T-1 I'p ^1 -ii/ir. -I propriations. 

Jbor suppression ot gypsy and brown-tail moths, fifteen thousand 
dollars. 

For Dartmouth College, in aid of New Hampshire students, 
twenty thousand dollars, ($20,000). 

For steamboat inspectors, one hundred and fifty dollars. ($150). 

For medical referees. $50, as follows: For printing, fifty dollare. 

For Prisoners' Aid Association, twenty-five dollars. ($25). 

For tuberculosis dispensaries, (HoiLse Bill 619). five hundred dol- 
lars ($500). 

For forestry protection, eight thousand dollars. ($8,000). 

For tax commission department, eight thousand dollars ($8,000). 

For normal school at Keene, twelve thousand dollars. ($12,000). 

For schools, $80,000, as follows: For rebate tuition, for super- schools. 
vision, for equalization, under House Bill 209. All money appro- 
priated by this clause relating to schools s'hall be expended under the 
supervision of the governor and council. 



558 



Chapter 160. 



1909 



Takes effect 
June 1, 1909. 



Appropriations herein for anditor's department — tax coinmis- 
sion — Dartmouth College — forestry protection — tuberculosis dis- 
pensaries — suppression of gypsy and brown-tail moths, and other 
specials, are not in addition tihereto. but in place thereof. 

Sect. 2. This act shall take ett'ect June 1. 1909. 

[Approved April 9. 1909.] 



CHAPTER 169. 



AX ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE STATE 
OF NEW HAMPSHIRE FOR THE YEAR ENDING AUGUST 31, 1911. 



Section' 

1. Appropriations for sundry puriaoses. 



Section" 

2. Takes effect June 1, 1909. 



Executive. 



Secretary of 
state. 



State treas- 
urer. 



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

Section 1. The sums hereinafter mentioned are appropriated, 
to be paid out of the treasury of the state, for the purpose.^ speci- 
fied, for the fiscal year, ending on the thirty-iirst day of August, 
nineteen 'hundred and eleven, to wit : 

For the executive department, $12,000. as follows : For the salary 
of the governor, three thousand dollar.?. For the salary o.f the gov- 
ernor's secretary, eight hundred dollars. For the honorable coun- 
cil, per diem and expenses, fi'fty-seven hundred and fifty dollars. 
For the contingent fund, fifteen hundred dollars. For transporta- 
tion, six hundred dollars. For incidentals, one hundred dollars. 
For printing blanks, etc., two hundred and fifty dollars. 

For secretary of state department, $S.900, as follows: For 
salary of the secretary of state, three thousand dollars. For salary 
of the deputy secretary of state, thirteen hundred and fifty dollars. 
For clerical expenses, stenographer, seven huudred dollars. For 
incidentals, three hundred dollars. For printing report, five huu- 
dred dollars. For printing blanks, one hundred and fifty dollars. 
For printing inventory blanks, live hundred dollars. For express, 
six hundred and fifty dollars. For postage, three hundred and fifty 
dollars. For indexing Province records and clerical expenses, four- 
teen hundred dollars. 

For the treasury department, $12,050. as follc-ws: For the salary 
of the treasurer of the state, twenty-five hundred dollars. F.u* 
salary of the deput}' treasurer, fifteen hundred dollars. For cleri- 
cal expenses, one thousand dollars. For incidentals, two hundred 
and seventy-five dollars. For printing report, three hundred dol- 



1909] Chapter 169. 569 

lars. For printing blanks, one hundred and twenty-five dollai-s. 
For compiling statistics, (see chapter 16, Public Statutes), two 
hundred dollai-s. For treasurer's and deputy's bonds, four hun- 
dred and fifty dollars. For expenses of the legacy tax law : For 
salary of the attorney in charge, not exceeding, twenty-five hundred 
dollar. For salary of the other assistants, not exceeding, twelve 
hundred dollars. For other expenses, including printing, sta- 
tionery, traveling expenses, fees of registers of probate for copies. 
incidentals, not exceeding in all, two thousand dollars. 

For the adjutant-general's department, $5,600. as follows: For Adjutant- 
salary of the adjutant-general, fifteen hundred dollars. For cleri- 
cal expenses, eight hundred dollars. For incidentals, six hundred 
dollars. For printing blanks, eleven hundred dollars. For rifle 
ranges, thirteen hundred dollars. For officers' uniforms, thirty- 
five hundred dollars. For armories, (Concord, ^Manchester and 
Nashua), seven thousand dollars. For New Hampstiire National 
Guard, forty thousand two hundred dollars. For militar,v organ- 
izations. $300. as follows : For Amoskeag Veterans, one hun- 
dred dollars. For ^Manchester War Veterans, one hundred dollars. 
For Lafayette Artillery Company, one hundred dollars. 

For insurance department. $5,700, as follows : For salary of the insurance 
commissioner, two thousand dollai-s. For clerical expenses, thirteen °°™™^^®'°'^^ • 
hundred dollars. For incidentals, seven hundred dollare. For 
printing report, thirteen hundred dollars. For printing blanks, 
four hundred dollars. 

For supreme court department. $25,350. as follows: For salaries Supreme 
of justices, twenty thousand two hundred dollars. For salary of 
clerk, five hundred dollars. For salary of the messenger, two 
hundred dollars. For examination of students, three hundred dol- 
lars. For incidentals, five hundred doWars. For justices' expenses, 
seven hundred dollars. For transportation, one hundred dollars. 
For salary of state reporter, eighteen hundred dollars. For print- 
ing of law report, ten hundred and fifty dollars. 

For superior court department. $22,500. as follows: For salary Superior 
of justices, twenty thousand two hundred dollars. For justices' *"""'■*■ 
expenses, nineteen hundred dollars. For incidentals, one hundred 
dollars. For transportation, three hundred dollars. 

For attorney-general's department. $3,360. as follows: For Attorney- 
salary of attorney^general. twenty-five hundred dollars. For cleri- "''""'''■ 
cal expenses, two hundred dollars. For incidentals, three hundred 
dollars. For printing report, thirty dollars. For printing blanks, 
thirty dollars. For enforcing liquor laws, three hundred dollars. 

For probate court department. $9,900. as follows: For salaries Probate 
of judges: Rockingham county, twelve -hundred dollars. Strafford '"""'*'■ 
county, eight hundred dollars. Belknap county, six hundred dol- 



560 



Chapter 169. 



1909 



Bank com- 
missioners. 



Railroad 
commissioners. 



Fish and game 
commissioners. 



Board of 
agriculture. 



Immigration 
commissioner. 



lars. Carroll county, seven hundred dollai"s. ^Merrimack county, 
twelve hundred dollare. Hillsborough county, two thou.sand dol- 
lars. Oheshire county, nine hundred dollars. Sullivan county, 
six hundred dollars. G-rafton county, one thousand dollars. Coos 
county, nine hundred dollars. For salaries of registers of ^probate 
and deputies. $11,000, as follows: Rockingham county, regi.ster, 
twelve hundred dollars ; deputy, five hundred dollars. Strafford 
county, register, one tihousiand dollars. Belknap county, register, 
six hundred dollars. Carroll county, register, six hundred dollars. 
Merrimack county, register, twelve hundred dollars; deputy, five 
hundred dollars. Hilksborough county, register, fifteen hundred 
dollars ; deputy, eight hundred dollars. Cheshire county, regi.ster, 
six hundred dollars. Sullivan county, register, six hundred dol- 
lars. Grafton county, register, one thoiLsand dollars. Coos county, 
register, nine liundred dollars. 

For bank comimi.ssioners' department. $12,000. as fellows: For 
salaries of commissioners (3), seventy-five hundred dollars. For 
clerical expenses, one thousand dollars. For exj>enses of commis- 
sioners, including transportation and rent, twelve hundred dollars. 
For incidentals, printing report, printing blanks, and other ex- 
penses, twenty-three hundred dollars. 

For railroad commissioners' department, $9,000, as follows: For 
salaries of railroad commissioners (3). sixty-seven hundred dollars. 
For salary of the clerk, three hundred dollars. For clerical ex- 
penses, stenographers, seven hundred dollars. For printing report 
and office rent, thirteen hundred dollars. 

For fish and game commissioners' department, $8,600. as follows: 
For salaries of comimissioners (3), twenty-six hundred dollars. 
For general expenses, thirty-two hundred and thirty dollars. For 
personal expenses, thirteen hundred and fifty dollars. For detect- 
ives, one thousand dollars. For incidentals, one hundred and 
twenty-five dollars. For transportation, one hundred and eighty- 
five dollars. For printing, one hundred and ten dollar. 

For board of agriculture department, $7,800, as follows : For 
salary of secretary, fifteen hundred dollars. For clerical ex- 
penses, one tlhousand dollars. For incidentals, two hundred and 
fifty dollars. For printing blanks, two hundred and fifty dollars. 
For expenses of members of the board, three hundred dollars. For 
feeding-stuffs inspection, six hundred dollars. For fertilizer in- 
spection, sixteen hundred dollare. For institutes and public meet- 
ings, twelve hundred dollars. For nursery inspection, three hun- 
dred dollars. For seed inspection, two hundred dollars. For print- 
ing report, six hundred dollars. 

For immigration department, $3,000. as follows : For preparing 
and issuing publications, three thousand dollars. 



1909] 



Chapter 169. 



561 



For con'tagious diseases cattle commission, $15,000, as follows: 
For animals destroyed, ten thousand dollars. For inspection, dis- 
infection and appraisal, thirty-five hundred dollars. For services 
and expenses of the hoard, fifteen hundred dollars. For possible 
expenses in cases of epidemics, five thoiLsand dollars. 

For soldiers' home, $15,000, as follows: For maintenance, fif- 
teen thoiLsand dollars. 

For public instruction department, $9,150, as follows : For 
salary of superintendent, twenty-five hundred dollars. For salary 
of the clerk, one thousand dollars. For truant officer, chapter 61, 
Pamphlet Laws 1901, fifteen hundred dollars. For printing, inci- 
dentals, expenses of superintendent, transportation, twenty-six hun- 
dred and fifty dollars. For printing report, fifteen hundred dollars. 

For state library department. $16,000. as follows: Maintenance 
of building, three thousand and fifty dollars. Salaries, fifty-eight 
hundred dollars. Books, periodicals and binding, five thousand 
dollars. Expense of trustees, one hundred and fifty dollars. Main- 
tenance of library, two thousand dollars. 

For state house, $4,755, as follows : For salaries, twenty-two 
hundred and fifty dollars. For lighting, eight hundred dollars. 
For water, fifty-five dollars. For fuel, nine hundred and fifty dol- 
lars. For miscellaneous, seven hundred dollars. 

For state hospital department, $200,000, as follows: For the 
support of indigent, convict, twenty-year patients, and dependent 
insane, including salaries and wages of officers and employees, and 
library, two hundred thousand dollars. 

For labor bureau department, $3,125, as follows : For salary of 
the commissioner, fifteen hundred dollars. For salary of the clerk, 
nine hundred dollars. For incidentals, one hundred dollars. For 
printing blanks, twenty-five dollars. *For traveling expenses, two 
hundred dollars. For printing report, four hundred dollars. 

For state board of health department, $1,800, as follows: For 
salary of secretary, twenty-five hundred dollars. For salary of 
clerk, five hundred dollars. For incidentals, four hundred and fifty 
dollars. For printing blanks, one hundred dollars. For printing 
report, twelve hundred and fifty dollars. 

For state board of charities and correction department, $3,500, 
as follows : For salary of secretary, twelve hundred dollars. For 
clerical expenses, eight hundred dollars. For incidentals, two hun- 
dred and fifty dollars. For printing blanks, sixty dollars. For 
rent, two hundred and forty dollars. For traveling expenses, five 
hundred dollars. For printing report, four hundred and fifty 
dollars. 

For interest charges and matured bonds, $97,937.55, as follows : 
Interest : For library loan bonds, ten thousand dollars. For 
Agricultural College loan, fifty-four hundred dollars. For hospi- 



Cattle coDs- 
mission. 



Soldiers' 
home. 



Public in- 
struction. 



State library- 



State house. 



State hospital. 



Labor bureau. 



Board of 
heahh. 



Board of 
charitios and 
correction. 



Interest 
charges and 
matured 
bonds. 



562 



Chapter 169. 



1909 



Industrial 
school. 



Xormal school. 



State prison. 



Lights and 
buoys. 



Deaf, dumb, 
and blind. 



Laboratory 
of hygiene. 



Ijunacy com- 
mission. 



tal loan, fii'st issue, fifty-two hundred and fifty dollars. For hospi- 
tal loan, second issue, fifty-two hundred and fifty dollars. For 
hospital loan, new issue, twenty-nine hundred and seventy-five 
dollars. For sanatorium loan, seventeen hundred and fifty dol- 
lars. For Fiske legacy, ten shundred and fifty-five dollars and four- 
teen cents. For Kim'ball legacy, two hundred and seventy dollars 
and fourteen cents. For H. Smith fund, four hundred dollars. For 
Agricultural College fund, forty-eight hundred dollars. For in- 
stitute fund, twenty-four hundred dollars. For Thompson fund, 
thirty-one thousand eight hundred and eighty-seven dollars and 
twenty-seven cents. For temporary loans, twenty-five hundred 
dollars. For state house bonds, fourteen thousand dollars. Bonds : 
For state hospital, due July 1, 1911, ten thousand dollars. 

For industrial school, $35,100, as follows : For salaries, eight 
thousand dollars. For clerical expenses, one hundred dollars. For 
maintenance for [of] inmates, estimated at two hundred, at two 
dollars and fifty cents per week, twenty-six thousand dollars. For 
manual school training, new machinery, and better fire protec- 
tion, one thousand dollars. (H. J. R. No. 4.) 

For state normal school, $25,355, as f ollow's : For salaries of 
teachers and clerk, nineteen thousand dollars. For maintenance 
of plant and operation, five thousand dollars. For incidentals, 
one thousand dollars. For printing report, thirty dollars. For 
expenses of trustees, three hundred and twenty-five dollars. 

For state prison department, $9,310, as follows: For warden's 
salary, two thousand dollars. For chaplain's salary, one thousand 
dollars. For prison library, two hundred dollars. For special re- 
pairs, fifteen hundred dollars. For deficit in running expenses, four 
thousand dollars. For printing report, one hundred and ten dollars. 
For salary to prison physician, five hundred dollars. 

For lights and buoys department, $1,80'0, as follows : For Win- 
nipesaukee lake, lights and buoys, eleven hundred dollars. For 
Sunapee lake, lights and buoys, four hundred dollars. For Squam 
lake, three hundred dollai*s. 

For deaf, dumb and blind department, $16,000, as follows : For 
the support and education of the deaf, dumb and blind pereons 
of the state, fifteen thousand eight hundred and fifty dollars. For 
the deaf mute mission, one hundred and fifty dollars. 

For laboratory of hygiene department, $6,000. as follows : For 
salaries of two chemists, twenty-seven hundred dollars. For two 
bacteriologists, eighteen hundred dollars. For incidentals, eleven 
hundred dollars. For printing blanks. Sanitary Bulletin, four hun- 
dred dollars. 

For commissioners of lunacy department. $1.150. as follows: For 
clerical expenses, five hundred dollars. For incidentals, two hun- 



commission. 



commission. 



1909] Chapter 169. 563 

dred dollars. For printing blanks, one hundred dollars. For print- 
ing report, three hundred and fifty dollars. 

For state historian, $1,300, as follows : For compensation, twelve state 
hundred dollars. For clerical expenses, eight hundred dollars. 
For incidentals, inc'luding traveling expenses, two hundred and 
fifty dollars. For printing and binding one volume, two thousand 
dollars. For printing 'blanks, fifty dollars. 

For commission of pliarmacy department. $820. as follows : Pharmacy 
For compensation, tliree hundred and seventy-five dollars. For 
incidentals and expenses, four hundred and five dollars. For print- 
ing blanks, twenty dollars. For printing report, twenty dollars. 

For public printing commission department. $1,600. as follows: Printing 
For clerical expenses, six hundred dollars. For incidentals, one 
hundred dollars. For printing blanks, fifty dollars. Far purchase 
of paper stock, to be carried as ''stock to be accounted for." eight 
hundred and fifty dollars. 

For New Hampshire board of registration in dentistry. $100, as Dentistry 
follows: For compensation, one hundred and fifty dollars. For 
transportation, and hotel expenses, sixty dollars. For incidentals, 
one hundred and ninety dollars. 

For bount}' on bears and grasshoppers, four hundred dollars. Sundry ap- 

For fireman's relief fund, two thousand dollars. piopna 

For Granite State Dairymen's Association, $700. as follows: For 
expenses, seven hundred dollars. 

For New Hampshire Horticultural Society, $500. as follows : For 
expenses, five hundred dollars. 

For New Hampshire Historical Society, five hundred dollars 
($500). 

For expenses of automobile department, $1,200, as follows: For 
incidentals, fifty dollars. For printtng blanks, one hundred and 
fifty dollars. For postage, express, and freight, four hundred dol- 
lars. For number plates, six hundred dollars. 

For vital statistics department. $2,800, as follows : For clerical "^'**^ . 

^ r , , statistics. 

expenses, sixteen hundred dollars. For printing report, twelve 
hundred dollars. 

For department of indexing, $1,000. as follows: For salaries. Sundr.vap- 

propnations. 

one thousand dollars. 

For department of Grand Army of the Republic. $300. as fol- 
lows : For printing, three hundred dollars. 

For Australian ballot, four thousand dollars ($1,000). 

For New Hampshire State Sanatorium, $12,500, as follows: For 
maintenance, twelve thousand five hundred dollars. 

For New Hamp.shire school for feeble-minded, $35,300, as fol- scUooifor 
lows: For maintenance, including salaries, pay-roll, supplies, on 
a basis of one hundred and eighty pupils, besides employees, thirty- 



564 



Chapter 169. 



looa 



Highways. 



State college. 



Sundry ap- 
propriations. 



Schools. 



Legislative 
expense. 



Takes effect 
June 1, 1909. 



five tJiousand one hundred dollars. For printin.s: report, two hun- 
dred dollars. 

For highway department, $125,000, as follows: For higthway 
department, to carry out provisions of ehaipter 35, Laws of 1905, 
and amendments thereto. This appropriation not iheing an addi- 
tion to the appropriation *of $125,000, annually, of said chapter, 
but in place of the same. 

For New Hampshire College of Agriculture and ^Mechanic Arts, 
$3,000, as follows: For providing free tuition for students in said 
college who are residents of New Hampshire, (section 12, chapter 
11, Public Statutes) three thousand dollars. 

For auditor's department, salaries and expenses, eight thousand 
dollars. 

For Dartmouth College, twenty thousand dollars ($20,000). 

For steamboat inspectors, one hundred and fifty dollars ($150). 

For medical referees, $50, a-s follows: For printing, fifty dollars. 

For Prisoners' Aid Association, twenty-five dollars, ($25). 

For forestry protection, eight thousand dollars ($8,000). 

For tuberculosis dispensaries, (House Bill 619"), five hundred 
dollars (i$500). 

For tax commission department, eight thousand dollars ($8,000). 

For normal school at Keene, twelve thousand dollars, ($12,000). 

For schools, $80,000, as follows : For rebate tuition, for super- 
vision, for equalization, under House Bill 209. All money appro- 
priated by this clause, relating to schools shall be expended under the 
supervision of the governor and council. 

For the expense of legislature, including transportation, January 
session, 1911, one hundred and thirty-five thousand dollars. 

Appropriations herein for auditor's department — tax commis- 
sion — Dartmouth College — forestry protection — tuberculosis dis- 
pensaries — suppression of gypsy and brown-tail moths, and other 
specials, are not in addition thereto, but in place thereof. 

Sect. 2. This act shall take effect June 1, 1909. 

[Approved April 9, 1909.] 



1909] Chapters 170, 171. 565 

CHAPTER 170. 

JOINT RESOLUTION FOR DEFRAYING NECESSARY EXPENSES OF THE 
OBSERVANCE OF THE LINCOLN CENTENARY. 

Appropriation of $300. 

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

That the sum of three hundred dollars be and hereby is appro- Appropriation 
priated for the purpose of defraying the necessary expenses of the 
observance of the Lincoln Centenary ; so much of said sum as may 
be necessary for said purpose to be expended under the direction 
of the joint committee on Lincoln Centenary ; and the governor is 
hereby authorized to draw his warrant for the same out of any 
money in fhe treasury not otherwise appropriated. 

[Approved February 10, 1909.] 



CHAPTER 171. 



JOINT RESOLUTION APPROPRIATING MONEY TO AID DARTMOUTH COLLEGE 
IN THE EDUCATION OF NEW^ HAMPSHIRE STUDENTS. 

Appropriation of $20,000. 

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

That in recognition of the eminent service rendered by Dart- -\PPJ°PJi^*^°°- 

° ''of $20,000. 

mouth College in the cause of higher education and for the general 
advancement of learning, tlie 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 governor, 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 educa- 
tional work. 

[Approved February 17, 1909.] 



17 



566 



Chapters 172, 173. 



1909 



CHAPTER 172. 



JOINT RESOLUTION IN FAVOR OF JOHN K. LAW AND OTHERS. 



Allowances 
to sundry 
persons. 



Allowances to sundry persons. 

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

That John K. Law be paid the sum of $29.20; William E. Thayer, 
$13.60; George H. Brigham. $19.60: Porter Crane, $13.50; James 
H. Brown, $36.&6 ; Richard P. Burke, $21.60; Frank A. Willev, 
$25.70; Harry J. A. Robinson. $25.36; William H. Weston, $13.20, 
for their services, rendered at the organization of the present senate 
and house of representatives ; and that his excellency, the governor, 
be, and hereby is, authorized to draw his w^arrant for the same out 
of any money in the treasury not otherwise appropriated. 

[Approved February 17, 1909.] 



CHAPTER 173. 



Preamble. 



Federal in- 
heritance tax 
opposed. 



JOINT RESOLUTION IN REFERENCE TO A TAX ON LEGACIES AND IN- 
HERITANCES. 

Preamble ; federal inheritance tax opposed. 

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

That Whereas the several states are now, in some form, im- 
posing a tax on legacies and inheritances and can easily use all 
the revenue to be drawn from that source, and, 

Whereas, the federal government can readily raise additional 
revenue from other sources, therefore. 

Be it resolved by the general court that the taxation of in- 
heritances, in such form as may seem expedient by the legislative 
power, should be reserved to the several states as a source of 
revenue for their exclusive use and benefit. 

Resolved that the secretary of state forward a copy of this reso- 
lution to our senators and representatives in congress. 

[Approved March 10, 1909.] 



1909] 



Chapters 174, 175. 
CHAPTER 174. 



567 



JOINT RESOLUTION IN FAVOR OF JOHN COUGHLIN, LATE LIEUTENANT- 
COLONEL OF THE TENTH REGIMENT OF NEW HAMPSHIRE VOLUNTEERS, 
PAYING HIM THREE HUNDRED AND FIVE AND FIFTY-EIGHT ONE- 
HUNDREDTHS DOLLARS. 

Appropriation of $305.58. 

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

That there be appropriated and the sum of three hundred and Appropriation 
five and iifty-eight one^hundredths ($305.58) dollars hereby is ap- °^$305.58. 
propriated to John Coughlin, iwho was lieutenant-colonel of the 
Tenth Regiment of New Hampshire Volunteers from 1862 to 1865 ; 
and that said sum be paid to him, the same being his paj- and allow- 
ances as said lieutenant-colonel from the day of his commission to 
the day of his muster into the service of the United States of 
Aonerica, to wit: from July 17, 1862, to September 5, 1862, said 
sum having been paid to the state of New Hampshire by the United 
States of America but never paid by the state to said Coughlin; 
and that the governor be and hereby is authorized to draw his war- 
rant for the payment of the same out of any money in the treasury 
not otherwise appropriated; and that this joint resolution shall 
take effect upon its passage. 

[Approved March 10, 1909.] 



CHAPTER 175. 



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



Section 

1. W^arrants for election in November, 
1910, to contain article on ques- 
tion. 



Section 

2. Question of calling convention to 

be printed on ballots. 

3. Return of votes on question. 



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

Section 1. That the selectmen of the several towns and places Article in 
in this state are directed to insert in their warrants calling town Sion'fn"'^ 
meetings for the biennial election to be holden on the Tuesday next November, 
following the firet Monday in November, 1910, an article which 



568 



Chapter 176. 



[1909 



Question to be 
printed on 
ballots. 



Return of 
votes. 



shall require the sense of the qualified voters to be taken on the 
following question; namely, Is it expedient that a convention be 
called to revise the constitution? 

Sect. 2. The secretary of state, in the preparation of the ballots 
for use in the biennial election in November, 1910, shall have 
printed on the ballots the following question : Is it expedient that 
a convention be called to revise the constitution? and so arrange 
the form of the ballots that the sense of the voters may be taken on 
this question. 

Sect. 3. The town clerks of the several towns and wards in this 
state shall, within thirty days after said biennia] election, make 
return to the secretary of state of the number of votes cast for, 
and also of the number of votes cast against, the calling of a con- 
vention to revise the constitution. 

[Approved March 10, 1909.] 



CHAPTER 176. 



JOINT RESOLUTION PROVIDING FOR THE STATE S CARRYING ITS OWN 
INSURANCE AND AUTHORIZING THE GOVERNOR AND COUNCIL TO EX- 
PEND FUNDS IN EMERGENCIES AND PROVIDING FOR TEMPORARY LOANS. 



Section 

1. No fire insurance of state property. 

2. Repairs, etc., of property damaged 

by fire. 



Section 

3. State loan authorized. 

4. Takes effect on passage. 



Preamble. Whereas, iusuraucc agaiust loss by fire and other casualties is 

intended to distribute the burden thereof amongst all policy-holders ; 
and, 

Whereas, any such loss of property owned by the state, if not 
insured, will be ratably distributed among all taxpayers in the 
state, and if necessary can be met temporarily by raising funds 
upon the credit of the state ; and. 

Whereas, insurance of state property involves large annual ex- 
pense without corresiponding benefit to the state, therefore be it 

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

Nofireinsur- SECTION 1. That the funds of the state or any department or 

propOTty.*^ institution thereof shall not be used for providing for insurance 

of property owned by the state against loss by fire or other 

casualty; provided, that steam-boiler insurance, in connection 



1909] Chapter 177. 569 

with inspection, may be provided in such cases as may he approved 
by the governor and council. 

iSect. 2. That in case of emergency occasioned by the partial or Repairs, etc., 
total destruction by fire or otherwise of any building or other prop- damlg^'^by 
erty belonging to the state or used by any state department, the ^^^- 
governor with the consent of the council may provide by contract 
for such repairs, such new building, or such temporary accommoda- 
tion as he may deem necessary to replace those destroyed and may 
draw his warrants in payment for the same from any money in the 
treasury not otherwise appropriated. 

Sect. 3. In case there shall not be sufficient funds in the treasury state loan 
availaible for payment of warrants so drawn, then the treasurer, un- ^^* °^^^^ ' 
der 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 for the pur- 
poses aforesaid. 

ISect. 4. This joint resolution shall take effect upon its passage. Takes effect 

on passage : 

[Approved March 10, 1909.] 



CHAPTER 177 



JOINT RESOLUTION IN FAVOR OF PLACING BUOYS AND REMOVING OB- 
STRUCTIONS TO NAVIGATION IN THE CONNECTICUT RIVER. 

Appropriation of $100. 

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

That a sum not exceeding one hundred dollars be and hereby is Appropriation 
appropriated for the purpose of placing buoys and removing ob- 
structions to navigation in the Connecticut river between the towns 
of Charlestown and Walipole, and said sum to be expended by an 
agent or agents appointed by the governor with the consent of the 
council, and the governor is hereby authorized to draw his warrant 
for the same out of any ononey not otherwise appropriated. 

[Approved March 10, 1909.] 



570 



Chapters 178, 179. 
CHAPTER 178. 



[1909 



Allowance 
of $21.60. 



JOINT RESOLUTION IN FAVOR OF REIMBURSING MARK A. KEARNS FOR 
EXPENSES INCURRED IN DEFENDING HIS RIGHT TO A SEAT IN THIS 
HOUSE. 

Allowance of $21.60. 

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

That the sum of twenty-one and sixty one-hundredths dollars, 
be allowed Mark A. Kearns, representative of w^ard five, Somers- 
worth, for expenses incurred in defending his right to a seat in 
this house, at a recount held on the thirtieth day of November last, 
at the office of secretary state. 

[Approved March 10, 1909.] 



CHAPTER 179. 



Appropriation 
of $200. 



JOINT RESOLUTION PROVIDING A FISH SCREEN AT OUTLET OF SQUAM 

LAKE. 

Appropriation of $200. 

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

That the sum of two hundred dollars be and the same is hereby 
appropriated for the construction of a fish screen at the outlet of 
Squam lake in Ashland, the same to be expended under the direc- 
tion of the fish and game commissioners in accordance with exist- 
ing law ; and the governor is hereby authorized to draw his warrant 
for the same out of any money in the treasury not otherwise ap- 
propriated. 

[Approved March 10, 1909.] 



1909] Chapters 180, 181. 571 

CHAPTER 180. 

JOINT RESOLUTION FOR THE BUILDING OP A FISH SCREEN AT THE OUT- 
LET OF BABOOSIC LAKE. 

Appropriation of $200. 

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



of $200. 



That the sum of two hundred dollars be and the same is hereby Appropriation 
appropriated for the building of a fish screen at the outlet of 
Baboosic lake, said lake being partlj^ in the town of Amherst and 
partly in Merrimack, the same to be expended under the direction 
of tihe fish and game coanmissioners in accordance with existing 
law, and the governor is hereby authorized to draw his warrant for 
the same out of any moneys not otherwise appropriated. 

[Approved March 17, 1909.] 



CHAPTER 181. 

JOINT RESOLUTION IN FAVOR OP THOMAS F. RIORDAN. 

Allowance of $75. 

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

That Thomas F. Riordan, representative from ward five, Man- Allowance 
Chester, in the general court of 1907-08. be allowed the sum of 
seventy-five dollars ($75) for expenses incurred in maintaining 
his right to his seat in the house of representatives, a clerical error 
having deprived him of such allowance in the act approved April 
5, 1907 ; and that his excellency the governor be, and hereby is, 
authorized to draw his warrant for the payment of the same out 
of any money in the treasury not otherwise appropriated. 

[Approved March 17, 1909.] 



of $75. 



572 



Chapter 182. 
CHAPTER 182. 



[1909 



JOINT RESOLUTION FOR REPAIRING AND MAINTAINING CERTAIN HIGH- 
WAYS. 



Pinkham 
Notch road, 
$400. 



Sugar Loaf 
road. $200. 



Woodstock 
and Warren 
road, $450. 



Mount Crotchet 
road, $100. 



Charged to 
permanent 
improvement. 



Section 

1. Pinkham Notch road, $400. 

2. Sugar Loaf road, $200. 

3. Woodstock and Warren road, 



$450. 



Section 

4. Mount Crotchet road, $100. 

5. Appropriations charge upon perma- 

nent improvement fund. 



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

Section 1. That the sum of four hundred dollars ls hereby ap- 
propriated for the improvement and maintenance of that part of 
the Pinkham Notch road which lies in the town, of Jackson. 

Sect. 2. The sum of two hundred dollars is hereby appropriated 
for the improvement and maintenance of the Sugar Loaf road, so 
called, in the town of Alexandria, between the towns of Bristol and 
Hebron. 

Sect. 3. That the sum of three hundred dollars is hereby ap- 
propriated for the improvement and maintenance of that part of 
the Woodstock and Warren road in the town of Woodstock, and 
one hundred and fifty dollars for that part of said road situated in 
the tovm of Warren. 

Sect. 4. That the sum of one hundred dollars is hereby appro- 
priated for the improvement and maintenance of the Mount 
Crotchet road in the town of Francestown. 

Sect. 5. The appropriations of sections 1, 2, 3 and 4 shall be a 
charge upon the appropriation for the permanent improvement of 
highways, made by section 10, chapter 35, Laws of 1905, and the 
governor may appoint an agent or lagents to expend said sums. 

[Approved March 23, 1909.] 



1909] Chapters 183, 184. 573 

CHAPTER 183. 

JOINT RESOLUTION PROVIDING FUNDS FOR THE SUPPRESSION OF THE 
GYPSY AND BROWN-TAIL MOTHS. 

Appropriation of $25,000. 

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

That for the continuance of the work of the suppression of Appropriation 

'^ ^ of $25,000. 

gypsy and brown-tail moths as provided for by chapter 147 Laws 
of 1907 there is hereby appropriated from any money in the treas- 
ury not otherwise appropriated the sum of twenty-five thousand 
dollars, the same to be paid from the treasury on the warrant of 
the governor, and expended under the direction of the governor and 
council. 

[Approved March 30, 1909.] 



CHAPTER 184. 



JOINT RESOLUTION PROVIDING FOR A SCREEN AT THE OUTLET OF FOREST 
LAKE, IN THE TOW^N OF WINCHESTER. 

Appropriation of $150. 

Resolved hy the Seriate and House of Fepresentatives in General 
Court convened: 

That the sum of one hundred and fifty dollars ($150) be, and Appropriation 
hereiby is appropriated, for building a suitable screen at the outlet 
of Forest lake in the town of Winchester, to be expended under the 
direction of the fish and game commissioners, with the approval of 
the governor and council, and the governor is authorized to draw 
his warrant for the above amount out of any money in the treasury 
not otherwise appropriated. 

[Approved March 30, 1909.] 



574 



Chapters 185, 186. 
CHAPTER 185. 



[1909 



Appropriation 
of $100. 



JOINT RESOLUTION IN FAVOR OF THE BASIN BRIDGE SO-CALLED IN TUF- 
TONBORO, AND OPENING THE CHANNEL UNDER SAID BRIDGE. 

Appropriation of $100. 

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

Tliat a sum not exceeding one hundred dollars be and hereiby is 
appropriated for the purpose of removing the obstructions in the 
channel at Basin Bridge so called in Tuftonboro, near Mirror Lake 
post-office. Said sum to toe expended under the direction of an agent 
appointed by the governor with the advice of his council, and the 
governor is hereby authorized to draw his warrant therefor out of 
any money in the treasur^^ not otherwise appropriated. 

[Approved April 6, 1909.] 



CHAPTER 186. 



Appropriation 
of $7. 



.JOINT RESOLUTION IN FAVOR OF JOHN B. GOCHA, OF GOSHEN, FOR NECES- 
SARY EXPENSES INCURRED BY HIM IN MAINTAINING HIS RIGHT TO A 
SEAT IN THIS HOUSE. 

Appropriation of $7. 

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

That the sum of seven dollars be and hereby is appropriated to 
reimburse John B. Grocha, of Goshen, for necessary expenses in- 
curred by him in maintaining his right to a seat in this house, and 
that the governor be and hereby is authorized to draw his warrant 
for said sum, out of any money in the treasury not otherwise 
appropriated. 

[Approved April 6, 1909.] 



1909] Ch.vpters 187, 188. ' 575 

CHAPTER 187. 

JOINT RESOLUTION IN FAVOR OP JOHN F. EMERY. 

Allowance of $219.65. 

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

That the sum of two hundred and nineteen dollars and sixty-five Allowance 
cents ($219.65) be and the same is hereby allowed to the Hon. 
John F. Emery for expense incurred in maintaining a right to a 
seat in the honorable senate, and the governor is hereby authorized 
to draw his warrant for the same out of any money in the treasury 
not otherwise appropriated. 

[Approved April 6, 1909.] 



OHAPTER 188. 

JOINT RESOLUTION FOR AN APPROPRIATION FOR THE PURPOSE OF PLAC- 
ING AND MAINTAINING SUITABLE LIGHTS, AND FOR THE PRESERVATION 
AND CARE OF THE APPROACHES TO ENDICOTT ROCK, IN LAKE WINNIPE- 
SAUKEE, AND FOR THE NECESSARY REPAIRS TO THE BRIDGE CONNECT- 
ING SAID ROCK WITH THE SHORE. 

Appropriation of $300. 

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

That a sum of money not exceeding three hundred dollars 'be and Appropriation 
the same is hereby appropriated for the purpose of placing and 
maintaining suitable lights and for the preservation and care of the 
approaches to Endicott Rock, in Lake Winnipesaukee, and for the 
necessary repairs to the bridge connecting said rock with the shore; 
said sum to be expended under the direction of 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 ap- 
propriated. 

[Approved April 8, 1909.] 



576 



Chapters 189, 190. 
CHAPTER 189. 



[1909 



Commission 
provided for. 



JOINT RISOLUTION APPOINTING A COMMISSION TO INVESTIGATE AND 
REPORT ON THE SUBJECT OF ESTABLISHING A DAM ON THE PISCATA- 
QUA RIVER. 

CommissicJn provided for. 

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

That the governor and council shall appoint a commission consist- 
ing of three citizens of this state wiio shall investigate the question 
of constructing a daan on the Piscataqua river, or some arm thereof ; 
to ascertain the most favorable location for such dam, and to sub- 
mit a report, without delay, to the governor and council concerning 
the effect of the same, its probable cost, and such reeoonmendation 
as they may suggest ; and to this end they may incur expense to the 
amount of five hundred dollars, but no more. The members of said 
commission shall receive no pay for their services. This joint reso- 
lution shall take effect upon its piassage. 

[Approved April 8, 1909.] 



CHAPTER 190. 



Appropriation 
of $15,000. 



JOINT RESOLUTION IN FAVOR OF THE NEW HAMPSHIRE SOLDIERS HOME. 
Appropriation of $15,000. 

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

That the sum of fifteen thousand dollars ('$15,000) is hereby ap- 
propriated out of any money not otherwise appropriated, for the 
support and maintenance of the New Hampshire Soldiers' Home 
and the members thereof from the first day of January, 1909 to 
the thirty-first day of August, 1909, and for the carrying out of 
necessary repairs, in addition to such sums as the state may be 
entitled to receive from the general government in aid of the sup- 
port 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' 



1909] Chapter 191. 577 

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 governor as provided in the act establishing 
said home. 

[Approved April 9, 1909.] 



OHAPTEiR 191. 



JOINT RESOLUTION APPROPRIATING MONEY TO RECONSTRUCT AND REPAIR 
THE HIGHWAY LEADING PROM EPPING TO BRENTV^OOD AND KINGSTON. 

Appropriation of $2,000 ; charge upon permanent improvement fund. 

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

That the sum of two thousand dollars be and is hereby appro- Appropriation 
priated upon condition that the towns of Brentwood and Epping charged to 
appropriate a like amount, to reconstruct, drain, grade, surface, and hnpTovement. 
repair that portion of the highway leading from Epping Corner to 
Kingston that lies between the highway crossing of the Ports- 
mouth and Concord and the Nashua and Rochester divisions 
of the Boston & Maine Railroad in the to^vn of Epping and 
Brentwood Corner in the town of Brentwood ; and that the governor 
be authorized to draw his warrant for the same out of anj^ money 
in the treasury not otherwise appropriated. This appropriation 
^hall be a charge upon the appropriation for the permanent im- 
provement of highways made by section 10, chapter 35, Laws of 
1905. 

[Approved April 9, 1909.] 



578 



Chapter 192. 
CHAPTER 192. 



[1909 



JOINT RESOLUTION FOR DEvSIGNATED HIGHWAYS. 



Springfield 
town road, 
$500. 



Effingham and 
Ossipee Cen- 
ter road, 
$1,000. 



Bay Point 
road in New- 
bury, $200. 



Charged to 
permanent 
improvement. 



Section 

1. Springfield town road, $500. 

2. Effingham and Ossipee Center road, 

$1,000. 

3. Bav Point road in Newbury, $200. 



Section' 

4. Appropriations charge upon perma- 

nent improvement fund. 

5. Takes effect on passage. 



Takes effect 
on passage. 



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

Section 1. The sum of five hundred dollars is hereby appro- 
priated for the improvement and maintenance of the town road in 
Spring"field beginning on the Stony Brook road, so called, where 
the same intersects the George's Mills road; thence passing Baptist 
pond and the residences of Fabens and Phelps to the corner of 
Clough's hill; thence westerly and northerly to the road leading 
from West Springfield to Grantham ; and also that part of Stony 
Brook road which lies between Baptist pond and Croydon town line. 

Sect. 2. The sum of one thousand dollars is hereby appropriated 
for the improvement and imaintenance of the main road between 
Effingham and Ossipee Center, extending from the town line be- 
tween the towns of Eifingham and Ossipee southwesterly about 
three and one quarter miles to the point where said road intersects 
the Ossipee and Conway road. 

Sect. 3. The sum of two hundred dollars is hereby appropriated 
to aid the town of Xewbury in completing the highway running to 
Bay Point, so called. 

Sect. 4. The appropriations of sections 1, 2 and 3 shall be a 
charge upon the appropriation for the permanent improvement of 
highways, made by section 10, chapter 35, Laws of 1905, and shall be 
expended under the direction of the governor and council upon 
such part or parts of the prescribed highways as they may desig- 
nate. 

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

[Approved April 9, 1909.] 



1909] Chapters 193, 194. 579 

CHAPTER 193. 

JOINT RESOLUTION TO PROVIDE FURNISHINGS, EQUIPMENT AND IM- 
PROVEMENTS AT THE STATE SANATORIUM FOR CONSUMPTIVES. 

Section I Section 

1. Appropriation of $32,000. 2. Disbursement of fund. 

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

Section 1. That the sum of twentv-two thousand dollars for the Appropriation 

' of $32 000 

year ending August 31, 1909, and ten thousand dollars for the 
year ending August 31, 1910, be and the same is hereby appro- 
priated for the purpose of providing furnishings, equipment and 
improvements at the State Sanatorium for Consumptives, the prin- 
cipal items of which are as follows : Constructing cesspool and filter 
beds and laying sewer ; grading ; constructing laundry building and 
providing for imachinery, fixtures and motors for same ; construction 
of central heating plant, including boilers, furniture and fixtures ; 
constructing new ward building, including heating and plumbing; 
household furniture and supplies for administration and ward 
buildings ; repairs on farm buildings ; power-house and electric plant 
and distribution lines; stock, wagons, tools, furnishings and sup- 
plies for farm buildings; and other incidental expenses connected 
with the foregoing. 

Sect. 2. Said sum shall be expended under the direction of the Disbursement 
trastees of the iState Sanatorium for Consumptives, and the gov- 
ernor is hereby authorized to draw his warrant for the same, for 
the purposes aforesaid, out of any money in the treasury not other- 
wise appropriated. 

[Approved April 9, 1909.] 



of fund. 



CHAPTER 191. 



JOINT RESOLUTION IN FAMOR OF THE NEW HAMPSHIRE STATE NORMAL 

SCHOOL. 

Appropriation of $8,000 for boiler-house and coal pockets. 

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

That the sum of eight thousand dollars l)e and hereby is appro- Appropriation 
priated for the erection of a building to house the present boilers '^^ $8,000. 
and heating plant now housed in the basement of the State Normal 



580 



Chapters 195, 196. 



[1909 



School building and for the construction of coal pockets, such sum to 
be expended under the direction of the governor and council and the 
governor is hereby authorized to draw his warrant for the same 
upon any money in the treasury not otherwise appropriated. 
[Approved April 9, 1909.] 



CHAPTER 195. 



JOINT RESOLUTION APPROPRIATING MONEY TO REPAIR AND IMPROVE THE 
SUPREME CX)URT ROOM IN THE STATE LIBRARY BUILDING. 



Appropriation 
of $1,000. 



Appropriation of $1,000. 

Resolved hy the Senate and House of Representatives in General 

Court convened: 

That the sum of one thousand dollars, or so much thereof as may 
be necessary for the purposes herein specified, be and hereby is 
appropriated for the purpose of repairing and renovating the 
supreme court room in the state library building, improving and 
correcting the acoustic faults thereof and making it easier for per- 
sons to transact business with the court, to be expended therefor in 
the discretion of the justices of the supreme court, and that the 
governor be authorized to draw his warrant for the same out of 
any money in the treasury not otherwise appropriated. 

[Approved April 9, 1909.] 



CHAPTER 196. 



JOINT RESOLUTION IN FAVOR OF REIMBURSING PATRICK J. FLAHERTY, 
IRA W. DICKEY, NORBERT LAFOND AND HARRY A. LEE FOR EXPENSES 
INCURRED IN DEFENDING THEIR RIGHT TO SEATS IN THIS HOUSE, 

Allowance of $10.70 to each. 

Resolved hy the Sen-ate and House of Representatives in General 
Court convened: 

Allowance of That the sum of ten ($10) and seventy one-hundredths dollars 

f 10.70 to each. ^^^^ ^^ allowcd Patrick J. Flaherty, Ira W. Dickey, Norbert Lafond 

and Harry A. Lee, representatives of ward ten, Manchester, for 



1909] Chapters 197, 198. 581 

expenses incurred in defending their right to seats in thLs house, at 
a recount held on the twenty-fourth day of December, 1908, at the 
office of the secretary of state. 
[Approved April 9, 1909.] 



CHAPTER 197. 



JOINT RESOLUTION IN FAVOR OF SCREENING THE OUTLET OF PATRIDGE 

LAKE. 

Construction directed; appropriation of $500. 

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

That the fish commissioners be and hereby are instructed to con- Construction 
struct suitable screens at the outlet of Patridge lake, in the towns appropriation 
of Littleton and Lyman, to prevent the egress of fish from said °^ *^°°- 
waters, and that the sum of $500 be and the same is hereby ap- 
propriated for that purpose, and the governor is authorized to draw 
his warrant for said sum out of any money in the treasury not 
otherwise appropriated. 

[Approved April 9, 1909.] 



CHAPTER 198. 

JOINT RESOLUTION APPROPRIATING TWO HUNDRED DOLLARS FOR AN 
EXHIBIT AT THE NEW ENGLAND FRUIT SHOW. 

Appropriation of $200. 

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

That the sum of two hundred dollars is hereby appropriated to Appropriation 
the New Hampshire Horticultiural Society to be expended in col- "^ ^'^^'^' 
lecting and installing an exhibit of New Hampshire fruits at the 
New England Fruit Show to be held in Boston, Mass. October 1909 
under the joint auspices of the horticultural societies and the boards 
of agriculture of the New England states, and the governor is 
authorized to draw his warrant for the same out of any money in 
the treasury not otherwise appropriated. Said appropriation is to 

18 



582 Chapters 199, 200. [1900 

be immediately available. The treasurer of the New Hampshire 
Horticultural Society shall make an itemized report to the governor 
and council of the expenditure of funds hereby appropriated, on or 
before January 1, 1910. 
[Approved April 9, 1909.] 



CHAPTER 199. 



JOINT RESOLUTION IN FAVOR OF THE NEW HAMPSHIRE SCHOOL FOR 
FEEBLE-MINDED CHILDREN. 

Appropriation of $3,000 for furnishing new dormitory. 

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

Appropriation That the sum of three thousand dollars ($3,000) be and hereby 
" is appropriated for furniture and furnishings of the new dormitory 

at the New Hampshire School for Feeble-lMinded. The governor is 
hereby authorized to draw his warrant for the same out of any 
money in the treasury not otherwise appropriated. This joint reso- 
lution to take effect on its passage. 
[Approved April 9, 1909.] 



OHAPTEiR 200. 



.JOINT RESOLUTION IN FAVOR OF THE NEW HAMPSHIRE SCHOOL FOR 
FEEBLE-MINDED CHILDREN. 

Appropriations for sundry purposes. 

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

Appropriations That the sum of twenty-five thousand dollars be and hereby is 
^uVose^s"^^ appropriated for the erection and furni.shings of a building for 
kitchen, dining-room and dormit®ry purposes ; that twelve thousand 
dollars ($12,000) be appropriated for the erection and equipment 
of a laundry; that sixteen hundred dollars ($1,600) be appropriated 
for a new boiler; that the sum of twenty-five hundred dollars 
($2,500) ibe appropriated for the purchase and laying of twenty-five 
hundred feet of six-inch pipe ; and that the sum of nine hundred 



1909] Chapters 201, 202. 583 

dollars ($900) .be appropriated to remodel a house upon the premises 
for hospital purposes. Of the total sum appropriated twelve thou- 
sand dollars ($12,000) is for the year ending August 31, 1909, and 
the balance for the year ending August 31, 1910. The governor is 
hereby authorized to draw his warrant for said sums out of any 
money in the treasury not otherwise appropriated. 
[Approved April 9, 1909.] 



CHAPTER 201. 

JOINT RESOLUTION IN FAVOR OF THE NEW HAMPSHIRE SCHOOL FOR 
FEEBLE-MINDED CHILDREN. 

Appropriation of $16,000 for support and maintenance. 

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

That a sum not exceeding sixteen thousand dollars ($16,000) be Appropriation 
and hereby is appropriated for the support and maintenance of the 
New 'Hampshire School for Feeble-llMinded Children for the year 
ending August 31, 1909. The governor is hereby authorized to- 
draw his warrant for the same out of any money in the treasury not 
otherwise appropriated. 

[Approved April 9, 1909.] 



CHAPTER 202. 



JOINT RESOLUTION IN FAVOR OP THE INDUSTRIAL SCHOOL. 
Appropriation of $5,000. 

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

That the sum of five thousand dollars be and the same is hereby Appropriation 
appropriated to the Industrial School for the purpose of establish- 
ing and maintaining until January 1, 1911, a school for manual 
training in said Industrial School ; for the purpose of improving the 
apparatus for protection against fire ; for the purpose of purchasing 
new machinery for the laundry and other necessary improvements 
and repairs in and about the buildings of said Industrial School. 



5&4 



Chapter 203. 



[1909 



Said sum to be expended by the trustees of said Industrial School. 
Tihe governor is hereby authorized to draw his warrant for the said 
sum out of any money in the treasury not otherwise appropriated. 
[Approved April 9, 1909.] 



CHAPTER 203. 



Acceptance o£ 
federal 

appropriation 
authorized. 



JOINT RESOLUTION IN FAVOR OF THE NEW HAMPSHIRE COLLEGE OF 
AGRICULTURE AND THE MECHANIC ARTS, AUTHORIZING THE ACCEPT- 
ANCE BY THE STATE OF FEDERAL APPROPRIATIONS MADE UNDER THE 
TERMS OF THE '' ADAMS ACT." 

Acceptance of federal appropriation authorized. 

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

That by an act of congress, approved March 16, 1906, known as 
the "Adams act," appropriations were made to the several states 
and territories for the more complete endowment of experimental 
stations now established, or which may be hereafter established, in 
accordance with the act of congress, approved March 2. 1887. By 
the terms of section 2 of said act the grants of money authorized by 
said act are made subject to legislative assent of the several states 
and territories to the purpose of said grant. 

Therefore be it resolved that tlie assent of the legislature of 
New Hampshire be and hereiby is given to the acceptance by the 
State of New Hampshire of the grants of money authorized under 
the terms of siaid act, and that the said grant of money so received 
shall be spent under the direction of the board of trustees of the 
New Hampshire College of Agriculture and the Mechanic Arts for 
the benefit of the New Hampshire Experiment Station, in accord- 
ance with the terms of said act of congress. 

[Approved April 9, 1909.] 



1909] Chapters 204, 205. 585 

OHAPTE'R 204. 

JOINT RESOLUTION TO APPROPRIATE THE SUM OF TWENTY-FIVE DOLLARS 
FOR SCREENING THE OUTLET OF SILVER LAKE IN THE TOV^^N OF 
MADISON. 

Appropriation of $25. 

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

TlMt the Slim of twenty ^five ($25) dollars be and the same is Appropriation 
hereby appropriated and placed at the disposal of the tish and game 
commissioners for the purpose of screening the outlet of Silver 
lake in the town of Madison ; and the governor is hereby authorized 
to draw his warrant for the same upon any money in the treasury 
not otherwise appropriated. 

[Approved April 9, 1909.] 



CHAPTER 205. 

JOINT RESOLUTION IN FAVOR OF THE COMMITTEE APPOINTED TO GATHER 
AND ARRANGE PORTRAITS OF SONS OF NEW HAMPSHIRE, WHO REN- 
DERED GALLANT SERVICES IN THE WAR OF THE REBELLION. 

Appropriation of $250 for expenses. 

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

That the sum of two hundred and fiftv dollars be and is herebv Appropriatioii 

• "of $250. 

appropriated for the purpose of defraying the necessary expenses 
of the joint special committee appointed to gather, arrange and pre- 
pare for permanent exhibition, the portraits of the distinguished 
sons of New Hampshire who rendered gallant -and meritorious ser- 
vices in the War of the Rebellion ; the same to be expended under 
the direction of the governor and council; and the governor is 
authorized to draw his warrant for the same. 
[Approved April 9, 1909.] 



586 Chapters 206, 207. [1909 

OHAPTER 206. 

JOINT RESOLUTION IN FAVOR OF CHARLES B. GOODWIN OF MASON. 
Payment of $100 and mileage directed. 

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

Payment That the State treasurer ,be and hereby is ^authorized and directed 

dir6ct6<i. 

to pay to Charles B. Goodwin of Mason, the sum of one hundred 
dollars for salary due him as a member of this house in the year 
1903, and also full mileage for said session of 1903. 
[Approved April 9, 1909.] 



OHAPTER 207. 



JOINT RESOLUTION APPROPRIATING MONEY FOR THE BENEFIT OF NEW 
HAMPSHIRE COLLEGE OF AGRICULTURE AND MECHANIC ARTS. 

Appropriation of $36,000. 

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

Appropriation That the sum of tliirty-six thoiLsand dollars is hereby appro- 
° ■ priated for the New Hampshire College of Agriculture and ]Me- 

chanic Arts and the governor is authorized to draw his w'arrant for 
the siame out of any money in the treasury not otherwise appro- 
priated. Said appropriation to 'be used for the following purposes: 
Ten thousand dollars ($10,000) for the running expenses of the 
college for the ensuing year. Eight thousand dollars ($8,000) for 
the erection, completion and equipment of a dairy building. Eight 
thousand dollars ($8,000) to ibe used toward the construction and 
improvement of the sewerage and water supplies for said college. 
The balance thereof for grading, repair of buildings and improve- 
ment of the athletic field and the purchase of a new dynamo and 
for stock and improvements in the agricultural department. 
[Approved April 9, 1909.] 



1909] Chapter 208. 587 

CHAPTER 208. 

JOINT RESOLUTION TO PROVIDE PAY FOR ENLISTED MEN OF SECOND 
REGIMENT AND HOSPITAL CORPS OF NEW HAMPSHIRE NATIONAL 
GUARD, WHO PARTICIPATED IN JOINT MANCEUVERS AT PINE CAMP, 
N. Y., JUNE 26 TO JULY 5, 1908. 

Section | Section' 

1. Appropriation of $7,762.60. | 2. Payment by governor directed. 

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

That the sum of seven thousand, seven hundred sixty-two and Appropriation 
sixty one-hundredths dollars, be and is hereby appropriated to pay 
to each enlisted man of the Second Regiment and to each member of 
the hospital corps of the New Hampshire National Guard, who 
participated in the joint manoeuvers with the United States Army 
at Pine Camp, New York, the twenty-sixth of June to the fifth of 
July, one thousand nine hundred and eio:ht. the difference between 
the amount of pay for each day's services paid by the United States, 
and the amount of pay that would 'accrue to each enlisted man of 
said regiment and to each member of said hospital corps, at the rate 
of pay per diem prescribed in section 98 of chapter 59 of the session 
Laws of 1895, as amended by section 2 of chapter 135 of the session 
Laws of 1903, provideel that there shall be deducted from said dif- 
ference in pay twenty-five cents per day for subsistence for eight 
days at Pine Camp, and forty cents per day for two days' sub- 
sistence while en route to and from Pine Camp ; and the governor is 
hereby authorized to draw his warrant for the same out of any 
money in the treasury not otherwise appropriated. 

Sect. 2. The governor is hereby directed to cause the payment of Payment 
the amount provided in section 1, through the proper military ''"■•"'*^'^- 
channels. 

[Approved April 9, 1909.] 



588 



Chapters 209, 210. 



[1909 



OHAPTER 209. 



Preamble. 



Appropriation 
of $500. 



JOINT RESOLUTION FOR THE REPAIR OF A SECTION OF THE MAIN HIGH- 
WAY FROM MANCHESTER, N. H., TO HAVERHILL, MASS., LYING IN THE 
SOUTHWEST CORNER OF THE TOWN OF PLAISTOW. 

Preamble: appropriation of $500. 

Whereas the main highway running from Manchester, N. H. to 
Haverhill, Mass. is in need of repairs in that section running 
through the southwest corner of the town of Plaistow; and 

Whereas the highway in each direction therefrom, viz. to Atkin- 
son Depot and 'Haverhill, Mass., is nuacadam road; and 

Whereas the repair of said section in the town of Plaistow would 
give the state a continuous good road from Manchester to Haverhill, 
therefore 

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

That the sum of five hundred dollars ($500) be 'and the same 
hereby is appropriated for the repair of that section of said main 
highway lying in the southwest corner of the town of Plaistow. the 
same to he expended under the direction of the governor and coun- 
cil, and the governor is hereby authorized to draw his warrant for 
the same out of any money in the treasury not otherwise appro- 
priated. The appropriation of this joint resolution shall be a charge 
upon the appropriation for the perraianent improvement of high- 
ways, made by section 10, chapter 35, Laws of 1905. This act shall 
take effect upon its passage. 

[Approved April 9. 1909.] 



CHAPTER 210. 

JOINT RESOLUTION IN FAVOR OF RAISING LONG ISLAND BRIDGE CONNECT- 
ING LONG ISLAND AND THE "NECk" SO CALLED, AND KNOWN ^VS 
''long island" bridge in MOULTONBOROUGH, for the PURPOSE OF 
IMPROVING NAVIGATION IN LAKE WINNIPESAUKEE. 

Preamble; appropriation of $3,000. 



Preamble. 



Whereas, the highway bridge across the waters of Lake Winni- 
pesaukee and connecting Long Island with the "Neck," so called, 
and known as Long Island bridge, as now maintained is an obstruc- 
tion to the complete and proper navigation of said lake, and is a 



1909] Chapter 211. 589 

great inconveuienee to the hundreds of power boats and their owners 
on said lake during the summer season, and 

Whereas, the navigation of said waters can be greatly facilitated 
by the raising of said bridge to such a height as will allow the pass- 
ing of power boats under said bridge ; now therefore, be it 

Resolved hij the Senate a)id House of liepresentatives in General 
Court convened: 

That the sum of three thousand dollars be and the same is hereby Appropriation 
appropriated for the purpose of raising said Long Island bridge 
not less than six feet nor more than ten, and suitably grading the 
approaches to the same and otherwise improving the navigation at 
and near the channel under said bridge ; said sum to be expended 
under the direction of the governor and council, and the governor 
is hereby authorized to draw his warrant for the same out of any 
money not otherwise appropriated. 

[Approved April 9, 1909.] 



OHAPTEiR 211. 

JOINT RESOLUTION IN FAVOR OF ALBERT P. DAVIS AND OTHERS. 
Allowances to sundry persons. 

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

That Albert P. Davis and William W. Critchett be allowed the Allowances to 
sum of $380; that Rev. David Fraser, George A. Rainville. Walter sons^'^^'"' 
J. A. Ward. John F. Bartlett. Osc/ar D. Beverstock, William E. Dow. 
Clayton C. Foss. Bert Wentworth. ]\relvin J. Jenkins, be allowed the 
sum of $329 each ; that Howard 0. Nelson and Eugene D. Sanborn 
be allowed the sum of $332.50 each; that James Loughlin and 
Ceorge W. Parker be allowed the sum of $282 each ; that Edgar H. 
Calvert be allowed the sum of $329 ; that Bernard W. Carey be 
allowed the sum of $235 ; that Richard Isl. 'Dowd, Arthur F. 
Bickford, Carl P. ^Merrymian, Harold L. Davis, Forest G. Brown be 
allowed the sum of $188 each; that Bessie A. Callaghan, Helen 
George, Rose M. Clancy, Honora Agnes Dwyer. Edward J. Hayes, 
Lizzie H. Sanborn be allowed the sum of $376 each; tlnat ]\Iiss 
Alpha Gitford be allowed the sum of $100; that Clinton Elwell be 
allowed the sum of $380; that A. H. Britton & Co. be allowed the 
sum of $90.80; that Bent & Bush Co. be allowed the sum of $26; 



590 Chapter 212. [1909 

that Concord Light & Power Co. he allowed the sum of $10.95 ; that 
E'dson C. Eastman be allowed the sum of $432.67 ; that W. P. Good- 
man be allowed the sum of $20.05 ; that ]Melvin & Fitts be allowed 
the sum of $24.90; that the committee on appropriations be allowed 
the sum of $50.77 ; that Remington Typewriter Co. be allowed the 
sum of $18; that J. lM. Stewart & Sons Co. be allowed the sum of 
$332.63: that Carl B. Thurber be allowed the sum of i$l ; that 
Robert L. Ahern be allowed the sum of $15; that George E. Carter 
be .allowed the sum of $329. 50; that Frank W. Huntoon, Lempster, 
be allowed the sum of $5.85 ; that Edward J. Hayes be allowed the 
sum of $16.30; that Portsmouth Times be allowed the sum of $2.40; 
that Foster's Democrat be allowed the sum of $7.28; that Ports- 
mouth Herald be allowed the sum of $14.96 ; that Portsmouth 
Chronicle be allowed the sum of $12.42 ; that ^Monitor and States- 
man .Co. he allowed the sum of $573.78 ; that W. H. Dunlap & Co. 
be allowed the sum o>f $1.75 ; that The Union Publishing Co. be al- 
lowed the sum of $678.76; that Walter L. Jenks & Co. be allowed 
the sum of $6.43 ; that €. 'H. Swain & Co. be allowed the sum of 
$7.40; that Arthur P. Walker !be allowed the sum of $39.53: that 
The Sentinel Printing Co. be allowed the sum of $3.00; that Hutch- 
inson Building €0. be allowed the sum of $33.70; that E. L. Gliek 
be allow^ed the sum of $9.15; that W. H. Laws (extra janitor) be 
allowed the sum of $200; that The Telegraph Publishing Co. be 
allowed the sum of $3.30; that The Times Publishing Co. be al- 
lowed the sum of $2.40; that J. E. Gage be allowed the sum of 
$13.50; that Hawkes & Davis be allowed the sum of $2.90; that C. 
W. Dadmun be lallowed the sum of $11.80; that IMartin W. Fitz- 
patriek, clerk of the senate, and iHarrie ]M. Young, clerk of the 
house, be allow^id the sum of $200 each ; that Earle C. Gordon, 
assistant clerk of the senate, land Arthur A. Tyler, assistant clerk 
of the hoiLse of representatives, be allowed the sum of l$100 each; 
that The Patriot Publishing Co. be allowed the sum of $239.20; 
that John B. Clarke Puhlishing Co. be allowed the sum of $444.34; 
that George E. Horton be allowed the sum of $329; B. C. AVhite, 
rent, thirty dollars ($30) ; iSmith Premier Typewriter Co.. rent. $13. 
[Approved April 9, 1909.] 



CHAPTER 212. 



NAMES CHANGED. 



From January, 1907, to January, 1909. the registers of probate 
returned to the secretarj^ of state the following changes of names 
by the probate courts : 



1909] 



Chapter 212. 



591 



Rockingham County. — Bessie Edna Bailey to Edna Pearl Car- Rockingham. 
ter ; Cora R. Belden to Cora R. Roberts ; Robert Brophy to Ro^bert 
Khea; Norma Campbell to Norma Thomas; Lottie May Clark to 

Ix)ttie ^iay Rude; Conway to Helen Lela Truman; Ruth 

Crane to Evelyn McGaughey ; Frank iCurrier Crosby to Frank Cur- 
rier Warren ; Marion Adeline Dearman to IMarion Adeline Kelley ; 
Clara A. Dow to Clara A. Fitts ; Hattie M. Dow to Hattie M. Vil- 
lars; Lulu ^May Dunbrack to Laura :\Iay Ordway ; Charles B. Eaton 
to Charles Blanchard; Sadie J. E. Elkins to Sadie J. E. Cameron; 
Grace D. Estes to Grace D. Lyford; M.ary L. Fifield to Mary L. 
Lano:; Gertrude D. Foster to Gertrude D. Washburn; Zilda ^lay 
Grace to Sarah Belle Wilson ; Charles Smith Hatch to Charles Bur- 
bridge Hatch; Raymond A. Ingraham to Raymond A. Evans; Dora 
Jelna to Dora Redman; Horace 'Scudder Klvce to Seudder Klyce; 
Annie Frances Libby to Annie Frances Osgood; Daisy Luck to 
Daisy Luck Follansby; Kenneth G. Manson to Kenneth G. Carter; 
Gertrude V. Marsh to Gertrude V. Gove; Henrietta E. Marston to 
Etta L. Mar.ston; Carrie E. Mills to Carrie E. Nudd; Annie F. 
]\rorse to Annie F. Head; Eugene Henry Poliquin to Raymond 
Elmo (Smith ; 'Frank 0. Roberts to Frank Joseph Hodges ; Elizabeth 
A. Rollins to Elizabeth Ruth Dart ; Lewis Wilbur Rollins to Earl 
Wilbur Langley; George L. Scott to S^eott Loyd Todd; Fannie 
Fai^stina Smart to Marie Louise (Smart; Lucy A. Smith to Lucy A. 
Barr ; Arminda Gladys Smvthe to Arminda Gladys Bartlett ; Lenora 
F. B. Smythe to Lenora Francilia Bartlett ; Philip W. Spinney to 
Philip W. Morrison ; Joseph Paul Staekpole to Herbert Edwin 
Richardson ; Ruth Timmins to Ruth Balaam ; Herbert Walker to 
Her'bert Eugene Varrell ; ^Maxwell Herbert Wiggin to Herbert Wig- 
gin Brooks. 

iStrafford County. — Eidith Irene Bassler to Edith Irene New- Strafford. 
comb ; Joseph Augustus Chamberlain to Augustus Joseph 'Cham- 
berlain; Annie Chapdelaine to Orise A. Potvin (adpt.) ; Annie M. 
Dame to Annie M. Knox; Adola Pari to Odola Gagnon (adpt.); 
Clara B. Wright to Clara B. Rollins. 

Belknap County. — Emma J. Abbott to Emma J. ]\IcKean ; Beiknap. 
Joseph Adams to Arnold Lester Lougee; Adries I. Bailey to Esther 
Aileen Plum; Ada Gertrude Bennett Hubbard to Ada Gertrude 
Bennett ; Ada (M. Clark to Ada M. Berlew ; :\Iabel Eva Clough to 
Mabel Eva C. Curtis; Rita Ethel Copp to Rita Ethel Plummer; 
Mary E. Dennis to Mary E. Kimball; Mary A. Duprey to ]\Iary A. 
Hutchinson; Edna V. Elkins to Edna Florentine Ham; Lucie K. 
Haggett to Lucie K. Seavems; Anna B. Heenan to Anna B. Mat- 
thews; Charles V. Hutchinson to Charles Hutchinson Walker; 
Cleora L. Hutchinson to Cleora Lavinia Walker ; Grace H. Leavitt 
to Grace Sceggell ; Nellie McNally to Nellie Kirkman ; Arthur Verda 



592 



Chapter 212. 



[1909 



Norcross to Arthur Verda Norcross Cota ; Mary S. Osgood to Mary 

A. Sanders ; Harry Wilbur Wallace to Harry Wilbur Levoy ; Ruth 
S. Wallace to Ruth E. Levoy; Beatrice Wilbur to Louise Hill. 

Carroll. Carroll County. — 'Charles ^Selden Bean to Charles Stilphin 

Bean ; Josephine Mary Bickford to Josephine Mary Rust ; Hazen 

B. Chamberlain to iHazen B. AV^hite; Rosina A. Chase to Rasina A. 
Porter; Frederick Ryan to Frederick Stewart; Mary Stanley to 
]Mary Mabel Bryar; Lillian M. Webster to Lillian M. Fortier. 

Merrimack. Merrimack County. — iMarv Anna Bachant to Anna iStebbins; 

Beatrice Mae Barron to Beatrice Mae Twombly; Alton Kirk Mor- 
gan Carron to Alton Kirk Morgan ; uMabel .Sarah Coudry to Mabel 
Sarah Shontell; Chester Allen Davis to Francis Allen Carleno; 
Alice Ma.bel Day to Alice UMabel Savage; Florence M. DeForge to 
Florence May Champney ; Madeleine Ewer Dooley to ^Madeleine 
E'wer Brown; Frederick Flarity to Frederick W. Bean; Raymond 
Forsaith to Wesley Franklin Rand ; Ralph Edward Foster to Clin- 
ton Wlieeler ; Earl S. Gilmore to G-eorge Wortlien Rice ; Ohannes 
Gurgian to Ohannes Gurgo Agbashian ; Gladys Mae Hunkins to 
Gladys 'Hunkins Webster; Annie S. Kennedy to Annie S. Page: 
Ralph LaPlante to Ralph Eugene Adams; ^Minnie Hunter Lay to 
Marion Hunter Lay ; Priscilla Leone to Elsie Leonia Belrose ; Eva 
Lessard to Eva Gage; Louis H. Lindsay to Lewis H. Thompson; 
Bessie Jenkins Potter to Bessie Jenkins ; Edward St. Pierre to Ed- 
ward Plourde ; Francis Thomas Scanlan to Francis Thomas Powell ; 
Violet Margaret Sturtevan't to Violet Emma Dexter ; Beatrice May 
Whitlam to Beatrice May Home; Eva May Willis to Edna ^lay 
Lowell. 

Hillsborough. HiLLSBOROUGH CouNTY. — Gcrline Ashford to Florence ]\Iabel 
Bohonan ; Helen Ashford to Florence May Bohonan ; Theodore W. 
Barker to Theodore Barker Hadley; Ivory R. Bean to Ralph Ivory 
Bean; Helen M. Bingham to Eliza.beth Marian St. John; Waldo C. 
Bing'ham to Waldo Canaan St. John ; Waldo Philip Birch to Waldo 
Philip Jackson; Laura May Blood to Laura May Gould; Mary P. 
Briggs to Miriam Conway ; ^Milton Ensley Broomhead to ^Milton 
Ensley Wheeler ; Raymond LeRoy Broomhead to Raymond LeRoy 
Wheeler; Edith Brown to Ruth Marion Cole: Josephine Clem to 
Josephine Olhson ; ]\Iary K. Cuddy to Mary K. Champagne ; Roy 
Lee Darby to Roy Lee Badger ; Angelina Elizabeth Davis to An- 
gelina Elizabeth Barnett; Minnie Mary Devio to ^Minnie ]\Iary 
Sweeney; Alice May Doulby to Alice May Graham; Armand Fre- 
geau to Armand Carter; Lillian Belle Go'thron to Lillian Belle Bur- 
bee; Gregory to Millard Alvin Blaisdell; Russell Hall to 

Russell Hall Knowles; Raymond Edwin Ham to Raymond Edwin 
Lazarus; Eva Jane Hayford to Eva Jane Hutchins; Dora A. C. 
Hildebrandt to Dora A. C. Krogmann; Lucie E. Hill to Lucie E. 



1909] Chapter 212. 593 

Swett ; Grace Helen Crosby 'Howard to Grace Helen Crosby ; I\Iary 
Mayne Howatt to IMary Mayne MacEwen ; Henry Lafarniere to 
Henry RovSs; Llewellin LaPage t-o Llewellyn Harrington; Charles 
W. Leary to C'harles W. Martin; Mary Ann Blanche LeBrun to 
JVIary Anne Blanche Laliberte; Georgia B. Leny to Georgia B. Mer- 
rill; Mary Elizabeth Long to Marian Palmer; Jacob Mi&helson to 
Jacob M. MitcheLsou ; C'harles Louis Nealey to Cbarles Louis Lov- 
erin; Mary Agnes O'Shea to Eva Mary Burtt; Ralph Alexander 
Paquin to Ralph Fremont Perry ; Adrianne Poirier to Adrianne 
Lanois ; Isabelle Poirier to Isabelle Rattee ; Benjamin Harrison 
Rankins to Benjamin Harrison Caverly; Oscar Leon Reynolds to 
James Oscar Herbert ; Nellie Grant Richards to Nellie Grant Guer- 
tin; Doris Marion Richardson to Doris Marion Richardson Rand; 
Armand Ronan to Armand Pata jo ; Leo Ronan to Leo Patajo ; 
Harold Allen Ross to Harold Ross ]\Ioore ; Emma ^lay Roy t(^ 
Emima May Curran ; Florence Sherman to Martha Beauchiane ; 
Edith Frances Shields to Edith Frances Follansbee; Anna Smith 
to Anna Boisvert; Amelia Josephine Spaulding to Amelia Jose- 
phine Carlton; Frank Fielding Taylor to Frank Taylor McEnrue; 
May Eunice Thomas to May Eunice Wilkins; 'Gladys Mae Tibbetts 
to Gladys Mae Elder; Bertha Etta Twombly to Bertha Etta Rob- 
erts; Anthony Uzdanawicze to Anthony LTzdan; Elsie D. Wason to 
Elsie D. Lee; Adeline E. Woods to Adeline E. Mitchell; Mary 
Louise Woodsum to Mary Louise Wells. 

Cheshire County. — Ethel B. Corliss to Ethel B. Zhvvail; Bessie Cheshire. 
L. Crain to Bessie L. Knight; Morris Gooz to Morris Gass; Emma 
G. Libby to Emogene D. Libby ; Carrie M. Nash to Carrie M. Foote ; 
Everett Elwin Nash to William Elwin Nash; Clark Arthur Potter 
to Clark Arthur Kathan ; Guy E. Reed to Guy Eugene Severance; 
Myrtle R. Robinson to Myrtle R. iSanborn; Clara B. Smith to Grace 
L. Farr; Grace Corinea 'Stephenson to Grace Corinea Nadeau; 
Florence May Trombly to Florence May Hall ; Henr_v Vincent to 
Henry Guillardety ; Archibald Wyman to Archibald W.yman 
Ohampney. 

Sullivan County. — ^Lulumay Buzzell to Lulumay Burbank ; suiiivan. 

Addie R. Clark to Gladys Ayer ; Gardner to Jennette Nancy 

Sorrento; Harold Eugene Johnson to Harold Eugene Blanchard; 

Jones to John Wesley Weeks ; Daniel Maker to Daniel James 

Gilbert; Blanch ]\L ]\Iayote to Blanche ]May Hamel ; Neilson 

to Edith ^lay ]\IacDut¥ie ; Neilson to Edna Mabel MacDuftie ; 

Nellie M. Wright to Nellie M. Quimby; Herbert L Adams to Her- 
bert I. Fisk. 

Grafton County. — 'Arthur Harold Bellows to Harold Adams Grafton. 
Bellows ; Guy Llewellyn Blanchard to Guy Llewellyn Putney ; Ada 
Connell to Ada McClure; Bertha H. Dennis to Bertha L. Hibbard; 



594 



Chapter 212. 



[1909 



Coos. 



Mary DeVarney to Mary White; Harold C. Enderson to Harold D. 
Enderson; Verne S. Goodwin to Verne S. Ander.son ; Edith E. 
Hoisington to Edith E. Jones; Albert R. Mitchell to Albert R. Lit- 
tle; G-ladys May Poore to Ruth Alpha Clark; Frank M. Plant to 
Frank ]\I. Revoir ; Guy LlewelljTi Putney to Guy Llewellyn Blanch- 
ard ; 'George Raymond to George Raymond Page ; Helen J. Rowell 
to Helen J. Emerson ; Alice J. Skaggs to Alice J. Quimby ; Georgie 
E. Vermott to Georgie E. Gorgon; Hattie M. Wentworth to Hattie 
M. Clough ; Walter A. Williams to Walter A. Stoddard. 

Coos 'County. — ^Mary C. Brainard to Mary Cree Mahurin ; Aus- 
tin Philip Cook to Austin Philip Lord ; John Little to John Sigvard 
Thorn; Everett MoCrillis to Robert Hobson Fletcher; Myrtle E. 
Potter to Mrytle E. Abbott; Addie Rowell to Addie Rowell Bur- 
bank; Mary Lillian Tyrill to Mary Lillian Noonan; Doris I. Wes- 
cott to Doris Helen Whelan. 



Rockingham. 



Strafford- 



Belknap. 



CarroU. 
Merrimack. 



Sullivan. 



Grafton. 



From January, 1907, to January, 1909, the registers of probate 
returned to the secretary of state the following changes of names 
by the superior court in divorce proceedings : 

Rockingham iCouNTY. — Margaret B. Keefe to Margaret Brown 
Keltie ; Mattie M. iSmall to Mattie M. Dame. 

■Strafford County. — 'Gertrude L. Bumford to Gertrude L. Wal- 
lace ; Mary E. Haley to Mary E. Jorde ; Helen L. Hanscom to Helen 
L. JSlghsiwander ; Sadie M. Jackson to Sadie ^I. Rowe; Nellie M. 
Moore to Nellie M. Elwell ; Ethelind M. Reed to Ethelind M. Jones. 

Belknap County. — Eliza A. Durant to Eliza A. Higgins ; Mary 

D. Durgin to 'Mary D. Sulloway. 

Carroll County. — iKatherine Hayford to Katherine Marx. 

Merrimack County. — Florence M. Adams to Florence M. Har- 
rington; Ida M. Bailey to Ida M. Hannaford; Catherine E. Cass to 
Catherine E. Carroll; Ethel G. B. Dooley to Ethel G. Brown; 
Edith M. Fagan to Edith M. Pearl ; Bella Feirstein to Bella Hirsch 
Carrie M. Grafton to Carrie M. Farmer; Minnie E. Kimiball to 
Minnie E. Sweatt; Stella L. Langill to Stella L. Stone; Susie J 
Pettit to Susie J. Piper; Lura May Putney to Lura May Adams 
Mabel I. Rolfe to Mabel I. Young ; Nora iSevigny to Nora Chartier 
Isabell E. Strickford to Isabell E. Noyes; Grace E. Tenney to Grace 

E. Stevens; Winnifred Tewhill to Winnifred George; Edith D 
Travers to Edith D. Trull ; Aldine F. White to Aldine F. Riley. 

' Sullivan County.— Mary J. Bressaw to Mary J. Goodhue 
Emma I. Gib.son to Emma I. French ; Lillian I. Maxifield to Lillian 
I. Brown; Mary F. Moore to Mary Fountain; Blanch S. Sessions to 
Blanch S. Lathrop ; Addie R. Stowell to Addie R. Page. 

Grafton County. — ^Lucv E. Jewell Babcock ta Lucy E. Jewell; 



1^09] Chapter 212. 595 

Ellen A. Dexter to Ellen A. Foster; Clara ]Mae Gale to Clara Mae 
Waterman; Lillian E. Gobar to Lillian E. Miller; Cecil Dick Had- 
dock to Cecil Dick ; Bessie V. Hickey to Bessie V. Freeman ; Helen 
Kayander to Helen Hellegard; Luella V. Kineaid to Luella Vivian 
Bemis; Victoria H. Lowd to Victoria H. Mclntire; Louise F. Mc- 
Kenzie to Louise F. Connor; Alice J. Messer to Alice J. Thayer; 
Hazel E. Perley to Hazel E. Caswell; Mazie Robbing to Mazie Good- 
rich ; Lu Dell Ruggles to Lu Dell Remick. 

'Coos County. — ^Flora A. Remick to Flora A. Green; Lillian M. coos. 
Reed to Lillian M. Stanley. 



PRIVATE ACTS. 



CHAPTER 213. 

AN ACT TO REVIVE AND EXTEND THE CHARTER OF THE PRUDENTIAL FIRE 
INSURANCE COMPANY AND TO CONFIRM ITS ORGANIZATION. 



Section 

1. Charter revived and extended. 

2. Principal office of companj-. 



Section 

3. Subject to repeal; takes effect on 
passage. 



Charter re- 
vived and 
extended. 



Principal 
office. 



Subject to 
repeal ; takes 
effect on 
passage. 



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

Section 1. Chapter 283 of the session Laws of 1903, approved 
March 4, 1903. entitled "An Act to incorporate the Prudential Fire 
Insurance Company" is hereby revived, extended, and continued in 
force ; and the acts of the grantees named therein and of their 
associates and assigns in the organization of a corporation imder the 
provisions of said act are hereby ratified, confirmed and legalized ; 
and the present and existing organization, officers, membership, 
corporate seal, and by-laws of the corporation so organized by the 
sadd grantees and their associates and assigns .shall be deemed to be 
and be the organization, officers, membership, corporate seal and 
by-laws of the corporation authorized by said Chapter 283 and by 
this act ; and all the existing obligations and contracts of said cor- 
poration so organized by the said grantees and their associates and 
assigns shall be deemed to be and be the obligations and contracts 
of the corporation authorized by said chapter 283 and by this act ; 
and the said corporation so organized by the said grantees and their 
associates and assigns shall be deemed to be organized under the 
provisions of said chapter 283 and this act, and shall have all the 
powers and privileges and be subject to all the duties and liabilities 
of a corporation duly organized in accordance with the provisions 
of said chapter 283 and of the Public Statutes of the state. 

Sect. 2. The principal office of the company shall be in Manches- 
ter in the county of Hills'borough instead of in Dover, New Hamp- 
shire, and section 2 of said chapter 283 is her&by amended accord- 
ingly. 

Sect. 3. The legislature may at any time alter, amend or repeal 
this act whenever in their opinion the public good requires it, and 
this act .shall take effect upon its passage. 

[Approved February 3, 1909.] 



1909] Chapter 214. 597 

CHAPTER 214. 

AN ACT TO AMEND SECTION 3 OF THE CHARTER OF MASONIC HOME. 

Section | Section 

1. Charter amended. | 2. Takes effect on passage. 

Be it e-nacted hy the Senate and House of Representatives in 
General Court convened: 



Section 1. Section 3 of the charter of Masonic Home formerly Charter 

amended. 

known as The Masonic Orphans' Home, incorporated by the legis- 
lature of the State of New Haimpshire by an act approved August 
7, 1883, amended by an act approved February 23, 1897, and also 
amended by an act approved February 20, 1901. is hereby amended 
by adding after the words "State of New Hampshire" in said sec- 
tion 3 as amended in 1897, the following words : and also for the 
destitute wives of inmates of said home, provided sadd wives are 
over sixty-five years of age, residents of the State of New Hamp- 
shire, and have heen married to and lived with their said husbands 
for at least ten years next prior to the admission of said husbands 
to said home, so that said section 3 of said charter as amended shall 
be, The object of this institution shall be to provide and sustain a 
home for destitute Freemasons and destitute widows and orphans 
of Freemasons of the State of New Hampshire, and also for the 
destitute wires of inmates of said home, provided said wives are 
over sixty-five years of age, residents of the State of New Hamp- 
shire, and have been married to and lived with their said husbands 
for at least ten years next prior to the admission of said husbands to 
said home. 

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

•■ '^ "^ on passage. 

[Approved February 3, 1909.] 



19 



598 



Chapter 215, 



[1909 



CHAPTER 215. 

AN ACT TO INCORPORATE THE ASSOCIATION KNOWN AS OAK HILL LODGE 
NO. 97 INDEPENDENT ORDER OF ODD FELLOWS OF MANCHESTER, 
N. H. 



Corporation 
constituted; 
purjjoses. 



First meeting. 



Takes effect 
on passage; 
acceptance of 
provisions. 



Section 

1. Corporation constituted; purposes. 

2. First meeting. 



Section 

3. Takes effect on passage; acceptance 
of provisions. 



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

Section 1. That Pharis E. Rogers, W. Alden Crowther, George 
E. Smith, Fred W. Coan, Frank F. Porter and all their associates 
as members of said lodge, and their successors, be, and they hereby 
are, made a body politic and corporate by the name of Oak Hill 
Lodge No. 97, Independent Order of Odd Fellows of Manchester, 
N. H. for such charitable and benevolent purposes as said corpora- 
tion may from time to time designate; and by that name may sue 
and be sued, prosecute and defend to final judgment, and shall be 
vested with all the powers and privileges, and subject to all the 
liabilities of corporations of a similar nature ; and may take and 
hold real and personal estate, by donation or otherwise, to an 
amount not exceeding one hundred thousand dollars, and the same 
may sell, anortgage, use and dispose of at pleasure ; and all prop- 
erties of, bequests to, and contracts of said association shall be, and 
hereby are vested in the said corporation. 

iSECT. 2. The first meeting of said corporation shall be called 
by notice signed by any two of the members above named, read in 
open meeting of said lodge at least five days prior to said meeting. 

Sect. 3. This act shall take effect upon its passage except that 
it shall not take effect as to the transfer of the properties of and 
contracts of said association until the laid association shall duly 
accept the provisions of this charter. 

[Approved February 4, 1909.] 



1909] Chapters 216, 217. 599 

CHAPTER 216. 

AN ACT TO AMEND SECTION 2 OF CHAPTER 283 OF THE LAWS OF 1891, 
ENTITLED " AN ACT TO INCORPORATE THE MANCHESTER WOMEN'S 
AID AND RELIEF SOCIETY." 

Section | Section 

1. Charter amended. I 2. Takes effect on passage. 

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

Section 1. Amend section 2 of chapter 283 of the Laws of 1891 charter 

'■ amended. 

by striking out the word "two" in the ninth line thereof and in- 
serting in the place thereof the word three, so that said section as 
amended shall read : Sect. 2. Said corporation having for its 
object to seek out the poor and needy persons of the city of Man- 
chester, to relieve their necessities and aid them, so far as possible, 
to help themselves and to better their condition, is hereby author- 
ized to establish and maintain in the city of Manchester an institu- 
tion for the aid, care, support and treatment of the poor, sick, and 
disabled in said city, and for such purpose may acquire and hold, 
by purchase, gift, lease, deed, devise, bequest or otherwise, real and 
personal estate not exceeding in value three hundred thousand dol- 
lars ; and said corporation being in the nature of a public charity, 
its property shall be exempt from taxation. 

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

^ ^ " on passage. 

[Approved February 4, 1909.] 



CHAPTER 217. 



AN ACT TO LEGALIZE AND CONFIRM THE WARRANT FOR, AND ALL THE 
VOTES AND PROCEEDINGS AT, THE BIENNIAL ELECTION AND MEETING 
IN MONROE, HELD ON THE THIRD DAY OF NOVEMBER, 1908. 

Section I Section 

1. Warrant and proceedings legalized. | 2. Takes effect on passage. 

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

Section 1. That the warrant for, and the votes and proceedings Warrant and 
at, the biennial election and meeting in Monroe, held on the third fegTuzed"^^ 
day of November, 1908, be, and the same is hereby, declared legal, 
and that all acts done and elections made and declared by the 



600 



Takes effect 
on passage. 



Chapters 218, 219. 



[1909 



moderator for said meeting be, and tlie same are hereby, ratified and 
confirmed. 

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

[Approved February 4, 1909.] 



CiHlAPTER 218. 



Warrant and 

proceedings 

legalized. 



Takes effect 
on passage. 



AN ACT TO LEGALIZE AND CONFIRM THE WARRANT FOR, AND THE VOTES 
AND PROCEEDINGS AT, THE BIENNIAL ELECTION AND MEETING IN 
SOUTH HAMPTON, HELD THE THIRD DAY OF NOVEMBER, 1908. 



Section 

1. Warrant and proceedings legalized. 



Section 

2. Takes effect on passage. 



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

Section 1. That the selectmen's warrant for, and the votes and 
proceedings thereunder at. the biennial election, and meeting in the 
town of South Hampton 'held in said town on the third day of 
November, 190i8, are hereby legalized and confirmed. 

Sect. 2. That this act shall take effect on its passage. 

[Approved February 4, 1909.] 



OHJAPTiBR 219. 



Tkne for build- 
ing extended. 



AN ACT TO EXTEND THE CHARTER OP THE MEREDITH & OSSIPEH VALLEY 
RAILROAD COMPANY. 



Section 

1. Time for building extended. 



Section 

2. Takes effect on passage. 



Be it enacted ly the Sen-ate and House of Representatives in 
General Court convened: 

Section 1. The charter of the Meredith & Ossipee Valley Rail- 
road Company approved March 25, 1903, as amended by chapter 
183 of the Laws of 1905 and chapter 217 of the Laws of 1907, ex- 
tending the period within which said railroad shall be completed 
to March 25, 1909, is hereby so far ameoded as to further extend 
the time fixed and limited for the completion of said railroad to 



1909] Chapters 220, 221. 601 

Marc'h 25, 1911, and said corporation shall have such additional 
tiime in which to build its road. 

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

OQ passage. 

[Approved February 9, 1909.] 



OHAPTER 220. 

AN ACT TO EXTEND THE CHARTER FOR THE BUILDING OF THE NEWPORT 
& SUNAPEE RAILWAY. 

Section I Section 

1. Time for building extended. | 2. Takes effect on passage. 

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

iSECTiON 1. All act incorporating the Newport & Sunapee Rail- Time for buiid- 

'^ . r\ • ^ i^S extended. 

way and Development Company approved April 2, 1907, is hereby 
so far amended, that the time for building said road is extended 
for the term af two years from and after the second day of April 
1909. 

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

on passage. 

[Approved February 9, 1909.] 



CHAPTER 221. 



AN ACT IN AMENDMENT OF CHAPTER 205, OF THE SESSION LAWS OF 
1887, PROVIDING FOR THE REPAIR AND CUSTODY OF UNION HALL IN 
JAFFREY. 



Section 

1. Appropriations and assessments, 
how made. 



Section 

2. Takes effect on passage. 



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

Section 1. That chapter 205 of the session Laws passed at the Appropriations 

^ . . - ^ and assess- 

July 1887 session of the general court, creatmg School District No. ments, how 
2 in the town of Jaffrey a corporation for certain purposes therein 
specified, be and the same is hereby amended by adding the follow- 
ing sections : to be numbered 2, 3, and 4. 

Sect. 2. Said district is hereby authorized and empowered, by 
major vote, at its annual or any special meeting, duly called and 



made. 



608 



Chapter 222. 



[1909 



Takes effect 
on passage. 



held in accordance with the provisions in the relation to special 
meetings of school districts contained in the Public Statutes, to 
raise money for the purpose of extending the buildings and prop- 
erty and of rebuilding or replacing any existing buildings belong- 
ing to said district, and paying for any buildings or extensions 
thereof which may have been heretofore made, by a tax a.ssessed 
upon the polls and estates of said district. 

Sect. 3. The clerk of said district shall, within ten days after 
a vote of said district to raise money by taxation, deliver a certified 
copy of such vote to the selectmen of said town. Said selectmen 
shall thereupon assess such tax upon the polls and property in said 
district, and commit the same to the collector of taxes as required 
by law, and said collector in the collection of said taxes shall have 
and perform the same duties and powers as in respect to other 
taxes committed to him for collection. The power to abate and 
correct the assessment of such taxes shall belong to said board of 
selectmen. 

Sect. 4. The said selectmen shall assign to said district the money 
thus assessed and collected; and, after deducting the expenses for 
assessing and collecting the same, pay the same forthwith to the 
treasurer of said district. 

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

[Approved February 9, 1909.] 



CHAPTER 222. 



AN ACT TO LEGALIZE THE DISCONTINUANCE OF A PORTION OF THE DOVER, 
SOMERSWORTH & ROCHESTER STREET RAILWAY. 



Section 

1. Discontinuance legalized. 



Section 

2. Takes effect on passage. 



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



Discontinu- 
ance legalized. 



Section 1. The action of the Dover, Somersworth & Rochester 
Street Railway Company in taking up its rails and discontinuing 
its railway in said Rochester as follows: Beginning at the inter- 
section of :VIain and Washington streets, on Washington street to 
Oak street, on Oak street to Pine street, on Pine street to its inter- 
section with Main street, and on Pine street from Oak street to 
Brattle street, on Chestnut street to Waldron street and on Wal- 
dron street to Pine street, is hereby ratified and fully legalized and 
the action of said railway corporation in the matter shall be taken 



1909 



Chapters 223, 224. 



603 



and deemed to have been duly authorized by the general court. 
Sect. 2. This act shall take effect upon its passage. 
[Approved February 9, 1909.] 



Takes efiEect 
on passage. 



CHAPTER 223. 



AN ACT AUTHORIZING THE TOWN OF HOLDERNESS TO CONSTRUCT PUBLIC 
WHARVES ON SQUAM LAKE AND TO LAY OUT HIGHWAYS TO THE 
SAME. 



Section 

1. Authority granted. 

2. Procedure. 



Section 

3. Takes effect on passage. 



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

Section 1. The town of ITolderness is hereby authorized and Authority 
empowered, upon petition to the selectmen of said town, to build 
and maintain a public wharf or wharves upon Squam lake, and tx) 
lay out a highway or hig^hways to the same from other highways 
whenever the aceommodation of the public may require, and to 
appropriate money for the construction and maintenance of the 
same. 

Sect. 2. Upon any such petition the same proceedings shall be Procedure 
had and all parties interested therein shall have the same rights 
and remedies as in the laying out of highways. 

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

[Approved February 17, 1909.] 



Takes effect 

on passage. 



CHAPTER 224. 



AN ACT TO EXEMPT THE MERCY HOME OF THE NEW HAMPSHIRE 
woman's christian TEMPERANCE UNION FROM TAXATION. 



Section 

1. Property exempted. 



Section 

2. Takes effect on passage. 



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

•Section 1. The :\Iercy Home of the New Hampshire Woman's property 
Christian Temperance Union, located in Manchester, being a char- «^^™p*^'^- 



604 



Chapters 225, ^^. 



[1909 



Takes effect 
on passage. 



itable iustitution, without profit to any person, the property thereof 
shall be exempt from taxation. 

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

[Approved February 17, 1909.] 



OHAPTEiR 225. 



AN ACT TO ALLOW RISING SUN LODGE NO. 39 A. F. & A. M. OF NASHUA, 
TO INVEST TRUST FUNDS IN THE CAPITAL STOCK OF THE MASONIC 
BUILDING ASSOCIATION OF NASHUA. 



Investment 
authorized. 



Takes effect 
on passage. 



Section 

1. Investment authorized. 



Section 

2. Takes effect on passage. 



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

Section 1. That Rising Sun Lodge Xo. 39, A. F. and A. M. of 
Nashua is hereby authorized to inve.st trust funds held by it in the 
capital stock of the Masonic Building Association of said Nashua, in 
case the will or other instrument creating the trust does not limit 
the investment of the funds otherwise. 

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

[Approved February 17, 1909.] 



OHAPTER 236. 



Corporation 
constituted. 



AN ACT TO INCORPORATE KEENE LODGE NO. 927 OF THE BENEVOLENT 
AND PROTECTIVE ORDER OF ELKS. 



Section 

1. Corporation constituted. 

2. Power to hold property. 



Section 

3. First meeting. 

4. Takes effect on passage. 



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

Section 1. That John E. Benton, Joseph ]\Iadden. Fred A. 
Graves, Horatio W. Colony, John E. Hodgson. Fred H. Wilkins, 
Charles E. Rogers. Arthur W. Quinn. James B. Duffy, Abe Berger. 
Alfred A. Gane, Clarence W. Emerson, James A. Toof, John B. 
Adams, Orville E. Cain, Harry D. Hopkins, Edward A. Tracer, 



1909] Chapters 2i37. 605 

Fred C. Nims, Martin 0. Quinn, Henry E. Swan and Lawrence P. 
Leveroni and their associate members of said lodge, and their suc- 
cessors, be and they are hereby made a body politic and corporate 
by the name of Keene Lodge No. 927 of the Benevolent and Pro- 
tective Order of Elks of Keene, N. H. 

Sect. 2. Said corporation, may purchase, take and hold by deed, Power to hold 
gift, devise, bequest or otherwise real and personal estate to an p''°p®'' ^• 
amount not exceeding one hundred thousand dollars, and may im- 
prove, sell and convey, or otherwise dispose of the same at pleasure. 
It shall have all the powers, rights and duties of similar corpora- 
tions, and may make such by-laws and regulations as lodges are au- 
thorized to make by the Grand Lodge of the Benevolent and Pro- 
tective Order of Elks not inconsistent with the laws of this state. 

Sect. 3. The exalted ruler of the lodge may call the first meet- First meeting. 
ing of said corporation, at such time and place and in such manner 
as he may think proper, at which meeting the necessary and usual 
officers may be chosen. 

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

on passage. 

[Approved February 17, 1909.] 



CHAPTER 227. 

AN ACT TO EXEMPT THE TRUSTEES OF THE HOME FOR INDIGENT WOMEN 

FROM TAXATION. 

Section i Section 

1. Property exempted. | 2. Takes effect on passage. 

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

Section 1. The trustees of the Home for Indigent Women, of Property 
Portsmouth, being a charitable institution, without profit to any 
person, the property thereof shall be exempt from taxation. 

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

r t J -n u irr -, nr\c\ i on passage. 

[Approved February 17, 1909.] 



606 



Chapters 228, 229. 
CHAPTER 228. 



[1909 



Property 
exempted. 



Takes effect 
on passage. 



AN ACT TO EXEMPT THE DISTRICT NURSING ASSOCIATION OF THE CITY OF 

MANCHESTER FROM TAXATION. 



Section 

1. Property exempted. 



Sectiox 

2. Takes effect on passage. 



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

Section 1. As the District Nursing Association of the city of 
Manchester is a charitable institution without profit to any person, 
all property now owned or howsoever hereafter acquired by said as- 
sociation for the purposes of said a.ssociation is hereby exempt from 
taxation. 

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

[Approved February 17, 1909.] 



CHAPTER 229. 



Name 
changed. 



Rights and 
duties. 



Takes effect 
on passage. 



AN ACT PROVIDING FOR THE CHANGE OF THE NAME OF THE NEW HAMP- 
TON AND MEREDITH FREEWILL BAPTIST SOCIETY. 



Skction 

1. Name changed. 

2. Rights and duties. 



Section 

3. Takes effect on passage. 



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

Section 1. That the name of the New Hampton and ^lereditli 
Freewill Baptist Soiciety be changed to the New Hampton Free Bap- 
tist Society. 

Sect. 2. That all rights and privileges, obligations and duties 
now incident to the corporation under the old name be transferred 
and assigned to and assumed by the corporation under its new 
name. 

Sect. 3. This act shall take effect upon its pa.ssage. 

[Approved February 17, 1909.] 



y 



1909] Chapters 230, 231. 607 

CIHAPTER 230. 

AN ACT TO AMEND AND EXTEND THE CHARTER OF THE KEENE ELECTRIC 
RAILWAY COMPANY. 

Section I Section 

1. Time for building extended. | 2. Takes effect on passage. 

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

Section 1. The time fixed in the "Act to amend and extend the Time for 
Charter of the Keene Electric Railway Company," approved March ['e'^nded'.^ ^^ 
14, 1907, in which to build its road is hereby extended to March 31, 
1911, and said corporation shall have this additional time in which 
to build its road. 

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

on passage. 

[Approved February 17, 1909.] 



CHAPTER 231. 



AN ACT IN amendment OF CHAPTER 167 OP THE LAWS OF 1893 EN- 
TITLED, "an ACT TO AUTHORIZE THE WHITEFIELD VILLAGE FIRE DIS- 
TRICT TO MAINTAIN WATER- WORKS IN WHITEFIELD." 

Section | Section 

1. Rights enlarged. 2. Takes effect on passage. 

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

Section 1. Section 4 of said chapter is hereby amended by ad- Rights 
ding the letter s to the word "town" in the third line of said sec- 
tion, and inserting after the word "Jefferson" in the same line 
thereof the words and Carroll, so that said section shall read: Sect. 
4. Said district is authorized and empowered to enter upon, take, 
and appropriate any stream, springs, or ponds in said Whiterfield 
and the adjoining town.s of Jefferson and Carroll, and to secure 
such springs, streams, or ponds by fence or otherwise, and dig 
ditches and canals, make excavations, build dams and reservoirs, 
through, over, in, or upon any land or inclosure through which it 
may be deemed necessary for said aqueduct or water-works to pass, 
and said excavations, dams, reservoirs, aqueducts, or water-works 
to be or exist for the purpose of obtaining, preserving, and conduct- 



608 



Chapters 232, 233. 



[1909 



Takes effect 
on passage. 



ing such water, placing such pipes, fixtures, and other material as 
may be necessary for building, operating, or repairing the same. 

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

[Approved February 17, 1909.] 



CHAPTER 232. 



AN ACT TO AMEND THE CHARTER OF THE DERRY & SALEM STREET 
RAILWAY COMPANY. 



Time for 
building ex- 
tended. 



Takes effect 
on passage. 



Section 

1. Time for building 



extended. 



Section 

2. Takes effect on passage. 



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

Section 1. The time fixed in the charter of the Derry & Salem 
Street Railway Company, approved March 24, 1903, and amend- 
ments thereof, approved February 15, 1905, and March 6, 1907, is 
hereby extended to March 24, 1911, and said corporation shall have 
such additional time in which to build its road. 

Sect. 2. ThLs act shall take eft'ect upon its passage. 

[Approved February 17, 1909.] 



CHAPTER 233. 



an act to incorporate the RAYMOND ELECTRIC COMPANY. 



Corporation 
constituted; 
purposes. 



Section 

1. Corporation constituted; purposes. 

2. May deal in electric appliances. 

3. May distribute electricity. 



Section 

4. Location of wires, poles, 

5. Assessment of damages. 

6. Capital stock. 



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

'Section 1. That Charles Poore, Charles F. Gardner. David W. 
Whittier, Forrest E. Pa^e and John T. Bartlett, their associates and 
successors, are hereby made a body corporate by the name of the 
Raymond Electric Company for the purpose of generating, manu- 
facturing, procuring, distributing and supplying electricity for 
light, heat, power and all useful purposes and furnishing the same 
in the town of Raymond and in the towns adjoining said town of 



1909] Chapter 233. 609 

Raymond, with the aiithority, powers and privileges and subject to 
the liabilities incident to like corporations. 

Sect. 2. Said corporation shall have power and authority to May deal in 
manufacture, manage, operate, purchase and sell meters, motors, ances!*' ''^^ * 
machinery, appliances, tools, implements and supplies connected 
with, incident to, or useful in the business of producing, develop- 
ing, manufacturing, storing, measuring, distributing and utilizing 
electricity and electrical agencies for lighting, heating, mechanical, 
and other useful purposes. 

Sect. 3. Said corporation shall have power and authority to May distribute 
distribute electricity through said town of Raymond and the towns 
which adjoin said town of Raymond, may regulate the use thereof 
in said towns and fix and collect rents and rates for the use of the 
same. Said town of Raymond and any town adjoining said town is 
hereby authorized to contract by vote of such town, with said cor- 
poration for electricity for public uses on such terms as may be 
agreed upon and to raise money therefor as for other town charges. 

Sect. 4. Said corporation may erect poles and place wires for the Location of 
transmission and distribution of electricity or may lay the same in etc. 
subterranean conduits through or over the land of any persons or 
corporations and over or under any railroad or private way, having 
first obtained the permission of the selectmen of the town in which 
the wires are being extended, and, under such restrictions and regu- 
lations as the selectmen of such town may prescribe, along the 
streets and ways of such town ; and it may enter itpon such real 
estate, street, or way and excavate, if necessary, for carrying out 
said purposes. 

Sect. 5. Said corporation shall pay all damages sustained by any Assessment of 
person or corporation by the taking of any land or easement or by 
any other thing done by said corporation under the authority of this 
act; provided that if it shall be necessary to enter upon and ap- 
propriate any private property or easement therein, and the said 
corporation shall not agree with the owners thereof on the damage 
that may be done by said corporation, or such owners shall be un- 
known, either party may apply to the superior court at a trial term 
thereof in the county of Rockingham, to have the same laid out and 
damages determined, 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 it 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. 



610 



•Chapter 234. 



[1909 



Capital stock. Sect. 6. The Capital stock of the corporation shall consist of such 

number of shares of fifty dollars each as may from time to time be 
det-ermined by the directors thereof not to exceed in all the sum of 
fifty thousand dollars. It may acquire and hold real and personal 
estate necessary and convenient for carrying out the provisions of 
this act. It may issue bonds and other obligations which may be 
secured by mortgage of its franchise or its other property or both 
to carry out the purposes for which the corporation is established 
to an amount not exceeding its capital stock paid in. 
[Approved February 17. 1909.] 



CHAPTER 234. 



AN ACT TO AMEND THE CHARTER OF THE NEW HAMPSHIRE FIRE INSUR- 
ANCE COMPANY, TO PERMIT SAID COMPANY TO INSURE AGAINST LOSSES 
BY TORNADO, HAIL AND LIGHTNING. 



Section 

1. Charter amended. 



Section 

2. Takes effect on passage. 



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



Charter 
amended. 



Takes effect 
on passage. 



Section 1. The "Act to incorporate the New Hampshire Fire 
Insurance Company," approved July 7, 1869, being chapter. 97 of 
the session Laws of 1869, is here:by amended by adding to the first 
section thereof the worlds tornado, hail and lightning so that said 
section shall read as follows: Section 1. That Ezekiel A. Straw, 
James A. Weston, Samuel N. Bell, Albert H. Daniels, Samuel Upton, 
G-eorge B. Chandler, Clinton W. Stanley. David Gillis, John S. 
Harvey. Woodbury F. Prescott. William D. Knapp, ]\Ioses R. Emer- 
son, John F. Chase, and their associates, suceessoi-s and assigns, be 
and they hereby are incorporated and made a body politic by the 
name of the y,%w Hampshire Fire Insurance Company, to be located 
at Manchester, in said state, with authority to have and exercise all 
the powers and privileges incident to corporations of a similar 
nature, for the purpose of making and effecting insurance against 
losses by fire, tornado, hail and lightning. 

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

[Approved February 17, 1909.] 



1909] Chapter 235. 611 

CHAPTER 235. 

AN ACT IN AMENDMENT OF CHAPTER 175 OF THE LAWS OF 1887, EN- 
TITLED '^VN ACT TO CONFIRM AND CONTINUE THE ORGANIZATION OF 
THE CAPITAL FIRE INSURANCE COMPANY, OF CONCORD, N. H. " 

Section i Section 

1. Increase of stock authorized. | 2. Takes effect on passage. 

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

Section 1. Section 2 of chapter 175 of the Laws of 1887, en- increase of 
title'd "An Act to confirm and continue the Organization of the Caip- ized. 
ital Fire Insurance Company of Concord, N. H." is hereby amended 
by adding the following: Said corporation m'ay at any time in- 
crease its capital stock to an amount not exceeding three hundred 
thousand dollare, and may by vote in stockholders' meeting deter- 
mine whether any additional stock to be issued under authorization 
of this act shall be preferred or common stock, and whether the 
holders of such additional stock shall be entitled to vote thereon as 
stockholders in said corporation. So that section as amended shall 
read as follows: Sect. 2. The capital stock of the corporation 
shall be, as provided in its articles of agreement and an amendment 
thereto, not less than fi'fty thousand dollars nor more than two 
hundred thousand doillars. Said corporation may at any time in- 
crease its capital stock to an amount not exceeding three hundred 
thousand dollars, and may by vote in stockholders' meeting deter- 
mine whether any additional stock to be issued under authorization 
of this act shall be preferred or common stock, and whether the 
holders of such additional stock shall be entitled to vote thereon as 
stockholders in said corporation. 

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

on passage. 

[Approved February 19. 1909.] 



612 



Chapters 286, 237. 
CHAPTER 236. 



1909 



Election 
legalized. 



Takes effect 
on passage. 



AN ACT TO LEGALIZE THE BIENNIAL ELECTION OF THE TOWN OF TEM- 
PLE, HELD NOVEMBER 3, 1908. 



Section 

1. Election legalized. 



Section 

2. Takes effect on passage. 



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

Section 1. That the acts of the town of Temple at the biennial 
election held Tuesday, November 3, 1908, be, and the same are 
hereby declared legal, and all elections made at said meeting are 
hereby ratified and confirmed. 

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

[Approved February 19, 1909.] 



CHAPTER 237. 



Classification 
of stock. 



Takes effect 
on passage. 



AN ACT IN RELATION TO THE ISSUE OF STOCK BY THE UNDERWRITERS 
FIRE INSURANCE COMPANY. 



Section 

1. Classification of stock. 



Section 

2. Takes effect on passage. 



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

Section 1. The Underwriters Fire Insurance Company, a cor- 
poration organized under the Laws of 1887, chapter 217, amended 
by Laws of 1907, chajpt-er 273, is hereby authorized, in issuing any 
additional capital stock authorized hy law and not already issued, 
to determine by vote in stockholders' meeting w^hether such addi- 
tional stock shall be common or preferred stock, and whether the 
holders thereof shall be entitled to vote thereon as stockholders in 
said corporation. 

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

[Approved February 19, 1909.] 



1909] Chapters 238, 239. 611) 

CHAPTER 238. 

AN ACT GRANTING CERTAIN RIGHTS AND PRIVILEGES ALONG THE SHORES 
OP DUNCAN LAKE IN OSSIPEE, N. H. TO CHARLES A. WIGGIN, OF SAID 
OSSIPEE. 

Section I Section 

1. Privileges granted. | 2. Takes effect on passage. 

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

Section 1. Charles A. Wiggin of Ossipee, N. H. is hereby Privileges 

. granted. 

granted the privilege of laying a pipe in the southerly and westerly 
shores of Duncan lake, so called, in said Ossipee, sufficiently below 
low water mark not to interfere with boating on said lake or with 
other public uses thereof, for the purpose of conveying water from 
springs on his own land, and supplying it for domestic and fire pur- 
poses to those owners of the land opposit-e said pipe who may wish 
for the same, provided he shall supply said owners with water upon 
equal and reasonable terms, and provided further that nothing 
herein contained shall authorize him to draw water directly from 
said lake. 

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

on passage. 

[Approved February 24, 1909.] 



CHAPTER 239. 



AN ACT TO ESTABLISH THE PENACOOK UNION SCHOOL DISTRICT. 



Section 

1. District established. 

2. Property, how vested. 

3. Former districts abolished. 

4. Board of education. 



Section 

5. First meeting. 

6. Repealing clause. 

7. Takes effect on passage. 



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

Section 1. All the territory embraced within the limits of the District 
Penacook School District in the city of Concord as defined and 
bounded in chapter 290 of the Laws of New Hampshire passed at 
the January session 1907, and that part of the town of Boscawen 
which was known and designated on the thirteenth day of August 
1885, (the date of approval of an act in amendment of chapter 86 
of the General Laws, relating to schools, and to establish a town 

20 



614 



Chapter 239. 



1909 



Property, 
how vested. 



Former 
districts 
abolished. 



Board of 
education. 



First meetins 



Repealing 
clause. 

Takes effect 
on passage. 



system of schools) as School District No. 7, now known as the Bos- 
cawenSpeciaLSchool District, be united and constitute a single school 
district that shall be known as the Penaeook Union School District. 

Sect. 2. All the schoolhouses, sites, appliances, apparatus, books, 
supplies and other property belonging to the said Penaeook School 
District and Boscawen Special District shall be vested in the said 
Penaeook Union School District upon the taking effect of this act 
and shall be delivered by the boards of education to the board of 
education of said Penaeook Union School District. 

iSect. 3. That the said Penaeook School District and Boscawen 
Special District are hereby abolished except so far as may be neces- 
sary to maintain either or both of said organizations to liquidate any 
indebtedness that either may have at the time of the taking effect of 
this act, and the records of each shall be deposited with the clerk of 
said Union district. 

Sect. 4. The board of education shall consist of six members, who 
shall be elected for the term of three years and the present members 
of the two boards of education shall be members of the board of 
education of the Union district and serve for the term to which they 
have been respectively elected. The membership of said board shall 
be equally divided between the sections embraced in the present 
districts. 

Sect. 5. The present boards of education of said districts acting 
jointly as the board of education of said Union district shall call the 
first meeting of said Union district and appoint such officers as maj^ 
be necessary to organize said district who shall hold office until 
others are elected and qualified in their stead. 

Sect. 6. All acts and parts of acts inconsistent with this act are 
hereby repealed. 

iSect. 7. This act shall take effect upon the fii*st day of March 
1909. 

[Approved February 24, 1909.] 



1909] 



Chapter 240. 
CHAPTER 240. 



615 



AN ACT TO AMEXD THE CITY CHARTER OF THE CITY OF PORTSMOUTH, 
ESTABLISHING A BOARD OF PUBLIC WORKS. 



ECT 


ION 


Section 




1. 


Board established. 


9. 


Disbursements. 




2. 


Oi'ganization. 


10. 


Purchases, how made. 




3. 


Quarterly report. 


11. 


Accounts, how kept. 




4. 


Powers of board. 


12. 


Annual estimates. 




5. 


Tenure of office. 


13. 


Compensation of board. 




6. 


Vacancies, how filled. 


14. 


Repealing clause; act takes 


effect 


7. 


Appointments by board. 




on passage. 




8. 


Rules and regulations. 









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



Board 
established. 



Organization. 



Section 1. There shall he in .said city a board of public works, 
consisting of three members, who shall be elected by the qualified 
voters of the city at large, voting in their respective wards, at the 
next regular municipal election, to be held on the second Tuesday 
of December 1909 ; one member for a term of three years, one mem- 
ber for a term of- two years, and one member for a term of one year, 
from the first day of January 1910, and annually thereafter at the 
regular municipal election one member shall be elected for the term 
of three years. 

Sect. 2. The mayor, ex officio, shall be chairman of the board, 
and they shall elect a clerk, and keep a record of their proceedings, 
issue all notices and attest all such papere and orders as said board 
shall require. 

Sect. 3. The said board shall make a detailed report of their Report, 
doings quarterly to the city council. The records of said board shall 
at all times be open to the inspection of the citizens of the city. 

iSect. 4. The said board shall have the powers and perform the Powers, 
duties now by law vested in and imposed on the board of water 
commissioners, except as herein provided. They shall also have 
jurisdiction, authority and control over the department of streets, 
highways, bridges, sewers, public parks, playgrounds, and the care 
of all buildings and property pertaining thereto. 

Sect. 5. Said board shall be sworn to the faithiful discharge of Tenure of 
their duties and shall hold their office for the term for which they 
were elected and until others are chosen and qualified in their stead 
respectively. They may be removed by the city eooincil, for cause, 
after a hearing on due notice. 

Sect. 6. A vacancy in said board may be filled by appointment Vacancies, 
of the mayor 'Confirmed by the city council, but if vacancy is unfilled 
prior to November first, it sha'll be filled at the succeeding municipal 
election. 



616 



Chapter 240. 



[1909 



Appointments. 



Rules and 
regulations. 



Disburse- 
ments. 



Purchases. 



Accounts. 



Annual esti- 
mates. 



Compensation. 



Repealing 
clause ; act 
takes effect 
on passage. 



Sect. 7. The said board may appoint a superintendent of water- 
works, a superintendent of streets, and such other agents and ser- 
vants as they may deem necessary, and may fix their compensation. 

Sect. 8. They may make such rules and regulations for their own 
government and in relation to all officers and agents appointed by 
them as they may deem proper, and a copy of same shall be filed with 
the city clerk within thirty days after adoption. 

Sect. 9. All moneys received in any way on account of the water- 
works shall be paid into the city treasury and shall be kept and 
applied exclusively for the uses of said water-works, including the 
payment of the bonds issued for water purposes, and the interest 
thereon, until said bonds are paid, after which time any surplus 
may be turned into the general revenue fund. 

Sect. 10. All purchases in excess of fifty dollars shall be com- 
petitive bids, which shall be opened publicly, and a copy of the 
specifications, with tenders submitted, shall be filed forthwith with 
the city auditor. All bills and claims for expenditures connected 
with the water-works, or any department herein referred to, shali be 
approved by the board of public works in writing, and shall then 
pass through the office of the city auditor for record before payment 
is made by the city treasurer. 

Sect. 11. The accounting system of the department shall meet 
the requirements of the city auditor and the fiscal year of the 
department shall correspond with the municipal year. The eity 
auditor and the city treasurer shall keep the accounts relating to the 
water-works separately and distinctly from all other receipts and 
expenditures. 

Sect. 12. Annually before the first of February said board of 
public works shall submit to the city council estimates in detail, giv- 
ing amounts required to maintain the water-works, streets, high- 
ways, bridges, sidewalks, parks .and playgrounds, and the city 
council shali make such appropriation as shall seem to them just 
and necessary, and no transfer therefrom shall be authorized ex- 
cept by resolution of the city council, and said board shall not be 
authorized to expend any money in excess of funds available there- 
for, under penalty provided in chapter 212, section 29, of the 
Laws of 1905. 

Sect. 13. The annual compensation of said board of public 
works shall be $350 for the member eho.'sen clerk, and $300 each 
for the other two imembers. 

Sect. 14. All acts and parts of acts inconsistent with this act 
are hereby repealed, and this act shall take effect upon its passage. 

[Approved February 24, 1909.] 



1^09] 



Chapter 241. 
CHAPTER 241. 



617 



AN ACT TO REVISE THE CHARTER OF THE CITY OF PORTSMOUTH IN 
RELATION TO THE REGISTRATION OF VOTERS IN SAID CITY. 



Section 

1. Repealing clause. 

2. Board of registrars. 

3. Annual election of registrars. 

4. Duties of board. 



Section 

5. Revision and correction of lists. 

6. Vacancies, how filled. 

7. Organization and compensation of 

board. 



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

Section 1. That all of sections 20, 22, 23 and 24, chapter 183, Repealing 
acts of 1895. and all of section 1, chapter 168. Laws of 1899, and 
all other laws, or parts of laws, which conflict with the subject of 
this hill, are hereby repealed, and all of the law relating thereto 
shall be contained in the following- sections, to wit: 

Sect. 2. The city council of said Portsmouth, within thirty days Board of 
of the passage of this act, shall elect viva voce on roll call, seven ^^^'^ ^^'^^' 
persons, two being residents of ward number one, two being resi- 
dents of ward number two, one being a resident of ward number 
three, one being a resident of ward number four, and one being a 
resident of ward number five, of said city ; and the seven thus elected 
shall constitute the board of registrars of voters of said city until 
their successors are elected. 

Sect. 3. At each annual election there shall be chosen by a Annual eiec- 
plurality vote of legal voters, in ward number one, two registrars registrars. 
of voters ; in ward number two, two registra^rs of voters ; in ward 
number three, one registrar of voters; in ward number four, one 
registrar of voters ; and in w^ard number five, one registrar of 
voters, who shall hold their offices for one year, until others are 
chosen and qualified in their places. The registrars thus chosen 
shall constitute a board of registration of voters in said city for 
the purpose of making and posting a list of the voters in the re- 
spective wards in said city. 

Sect. 4. Said board of registration shall prepare, revise and Duties, 
post, in the manner required by law, an alphabetical list of all 
voters in each ward, and for that purpose shall have access to any 
books or lists belonging to the city or any ward thereof, and shall 
have the assistance of any of the city ward officers they may re- 
quire, and shall deliver an attested copy of the list of voters so 
prepared and corrected, to the clerks of the respective wards; and 
said ward clerks shall use the list of voters so prepared and cor- 
rected, and no other, at the election of said wards. In preparing 
the list of voters said registrars shall record the first or Christian 



618 



Chapter 241. 



1909 



Revision and 
csrrection of 
lists. 



Vacancies. 



Organization; 
compeDsation. 



name of each voter in full, but may iLse initial letters to designate 
the middle name of any voter. 

Sect. 5. Said board of registrars shall be in session at the city 
hall, or such other place as they may designate, for the purpose of 
revising and correcting the list of voters, six days at least before 
the state elections and three days before other elections, within one 
month next preceding the day of election, the last two sessions to be 
held within one week of said election. Said sessions continue from 
nine o'clock a. m. to twelve o'clock noon; from two o'clock until 
five o'clock p. m., on each of said days; and fro'm half past seven 
o'clock p. m. to half past nine o'clock p. m. ; the times and places of 
said meetings to be publicly advertised in at least two newspapers 
published in Portsmouth for at least three days prior to the first 
meeting. Said board of registrars shall be in session on election 
days from eight o'clock a. m. until twelve o'clock at noon, so that 
in case the name of any person has been omitted from the check- 
list whom the registrars are satisfied is a legal voter agreeably to 
the provisions of chapter 29, section 1, of the general laws of the 
State of New Hampshire, the registrar shall certify the same to 
the moderator, who shall receive his vote, and the ward clerk shall 
check the name of the person so voting on the back of the certificate, 
and shall return the same to the city clerk with the check-list. 

Sect. 6. Any vacancy occurring in the board of registrars of 
voters shall be filled forthwith 'by the city council by selecting a 
legal voter from the ward where such vacancy exists, iby viva voce 
vote on roll call, in open meeting. 

iSect. 7. The registrars of voters shall choose one of their num- 
ber chairman and one clerk. The clerk shall receive one hundred 
dollars a year in full for all services rendered by him, and the other 
mem'bers of the board shall receive twenty-five dollars each per 
annum for all services rendered by them, 

[Approved February 24, 1909.] 



1909] Chapters 242, 243. 619 

CHAPTER 242. 

AN ACT EXEMPTING FROM THE PROVISIONS OF CHAPTER 40 OF THE 
LAWS OF 1905. AS AMENDED BY CHAPTERS 68, 82 AND 138 OF THE 
LAWS OF 1907, A CERTAIN LEGACY OR DEVISE UNDER THE WILL OF 
MARILLA M. RINES. 

Section i Section 

1. Legacy tax abated. ' 2. Takes effect on passage. 

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

Section 1. The tax claimed by the state to be due, under the Legacy tax 
provisions of chapter 40 of the Laws of 1905, as amended by chap- 
ters 68, 82 and 138 of the Laws of 1907, upon property passing by 
the residuary clause, to wit, clause 7, of the will of ]\Iarilla M. 
Rines, late of Boscawen, New Hampshire, said clause bequeathing 
and devising the residuum of said estate, in trust, for distribution 
to charitable objects, or for the relief of such persons as are poor 
and needy, and for the relief of those suffering from disease, be, 
and the same is, hereby abated. 

:Sect. 2. This act shall take effect upon its parage. Takes effect 

i^ t^ '=' on passage. 

[Approved Februarv 24, 1909.1 



CHAPTER 243. 



AN ACT TO ANNEX THE HOMESTEAD OF HORACE B. ANNIS TO THE UNION 
SCHOOL DISTRICT OF THE CITY OF CONCORD. 

Section i Section 

1. Homestead severed and annexed. I 2. Takes effect on passage. 

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

Section 1. That the homestead of Horace B. Annis be, and is Homestead 

hereby, severed from the Penacook School District of the city of anl'^xeli"^ 

Concord and annexed to the Union School District of the city of 

C'Oncord for school purposes. 

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

[Approved February 24, 1909.] on passage. 



620 



Chapter 244. 
OHAPTEE 244. 



[1909 



AN ACT IN AMENDMENT OF THE CHARTER OF THE CITY OF CONCORD. 



Auditorium 
authorized. 



Issue of 
bonds. 



Purchase of 

site. 



Right of emi- 
nent dr>aiain. 



Care and 
rental. 



Takes eff.j;t 
on passa:?e. 



Section" 

1. Appropriation for auditorium au- 

thorized. 

2. Issue of bonds authorized. 

3. Purchase of site. 



Section 

4. Right of eminent domain. 

5. Care and rental of building. 

6. Takes effect on passage. 



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

Section 1. The city of Concoixi, through its city council, is 
hereby authorized and empowered to raise and appropriate money 
for the purpose of building, furnishing and maintaining an audi- 
torium or convention hall suitable and convenient for public gath- 
erings and for providing a suitable lot on which to build the same. 

iSect. 2. For the purposes aforesaid, said city is hereby author- 
ized to issue its bonds in the manner and subject to the regulations 
provided by the Laws of 1895, chapter 43. and amendments thereof, 
and any other general statutes relating to the issue of bonds by 
municipal corporations. 

iSect. 3. 'Said city is authorized to acquire, by purchase or lease, 
upon such terms as may be deemed expedient by the city council, 
a suitable site for such building and to accept voluntary convey- 
ances and leases of land and donations of money and other property 
to be held and used for the purposes aforesaid. 

'Sect. 4. If the owner or owners of any tract of land selected by 
said city council as a location for said building shall refuse to sell 
the same to the city for a price satisfactory to the city council, 
.such land may be taken, the damages assessed and the same reme- 
dies and proceedings had as in case of laying out highways. 

Sect. 5. Said city, by its city council, is authorized to make 
such provisions for the care, rental and use of said building as it 
may deem expedient. 

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

[Approved February 24, 1909.] 



1909] 



Chapters 245, 246. 
CHAPTER 245. 



621 



AN ACT TO SEVER CERTAIN HOMESTEADS FROM THE SCHOOL DISTRICT 
IN THE TOWN OF BENNINGTON, AND ANNEX THE SAME TO THE 
SCHOOL DISTRICT IN THE TOWN OF ANTRIM, FOR SCHOOL PURPOSES. 



Section 

1. Homesteads severed and annexed. 



Section 

2. Repealing clause; act takes effect 
on passage. 



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

Section 1. That the homestead owned by ^Martha J. Baldwin Homesteads 
and the homestead farm of Henry Harrison in the town of Ben- a^nexed^''*^ 
nington. are hereby severed from the school district in the town 
of Bennington, and annexed to the school district in the town of 
Antrim for school purposes. 

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

[Approved February 24, 1909.] ^ ""^ '"'''^^'■ 



■CHAPTER 246. 



AN ACT TO PROVIDE FOR THE CHOICE OF ASSESSORS IN THE TOWN OF 

CLAREMONT. 



Section 

1. Board of assessors established. 

2. Tenure of office. 



Section 

3. Takes eflfect on passage. 



assessors 
established. 



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

Section 1. The town of Claremont is hereby authorized to choose Board of 
a board of three assessors by ballot and by major vote, who shall 
perform all the duties relative to taking the inventory and the ap- 
praisal of property for taxes and in regard to the assessment and 
abatement of taxes and issuing warrants for the collection of the 
same, as are now or may hereafter be required by law of selectmen 
and assessors of towns, and shall have all the powers and be subject 
to the same liability in regard to those duties which selectmen and 
assessors in towns now or hereafter may have or bp subject to in 
regard to the same, providing, liowever, that they shall not have 
authority to abate taxes under sections 12 and 13, chapter 59 of the 
Public Statutes, nor because of inability to pay the same, such 



B22 



Chapters 247, 248. 



[1909 



Tenure of 
office. 



Takes effeit 
on passage. 



authority to remain vested in the selectmen, notwithstanding any- 
thing contained in this act. 

Sect. 2. The terms of the assessors first chosen after the passage 
of this act shall be as follows : the one receiving the highest number 
of votes shall serve for the term of three 3'ears, the second highest 
for two years, the third highest for one year ; and thereafter at each 
town meeting one assessor shall be chosen for the term of three 
years. 

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

[Approved February 25, 1909.] 



CHAPTER 247. 

AN ACT AUTHORIZING AND EMPOWERING HILLSBOROUGH BRIDGE VILLAGE 
FIRE PRECINCT TO SUPPLY WATER FOR INDUSTRIAL PURPOSES. 



Section 

1. Authority granted. 



Section 

2. Takes effect on passage. 



Be if enacted hy the Senate and House of Eepresentatives in 
General Court convened: 



Authority 
granted. 



Section 1. Hillsborough Bridge village fire precinct is author- 
ized and empowered to supply water for industrial purposes. 
Takes effect iSect. 2. This act shall take effect upon its passage. 

on passage. 

[Approved February 25, 1909.] 



CHAPTEiR 248. 



AN ACT TO ESTABLISH THE POL-ICE COURT OF CLAREMONT. 



Court 
established. 



Section 

1. Police court established. 

2. Salary of justice. 



Section 

3. Disposition of fines. 

4. Takes effect on passage. 



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

Section 1. The police court of Claremont as heretofore existing 
and constituted is hereby continued and established under the name 
of Police Court of Claremont. 



1909] Chapters 249, 250. 623 

Sect. 2. The annual salary of the justice of said police court of saiary of 
Clareniont shall be the sum of four hundred dollars less the com- 
pensation of the special justice as established by general law. 

Sect. 3. All fines and costs imposed by said court shall be for Disposition 
the use of said town and shall be paid over to the treasurer of said "^ ^°®^" 
town by any person collecting the same. 

iSect. 4. This act shall take effect upon its pa.ssage. Takes effect 

ou passage. 

[Approved February 25, 1909.] 



OHAPTER 249. 

AN ACT TO AMEND THE CHARTER OP THE NASHUA & HOLLIS ELECTRIC 
RAILROAD COMPANY, AND EXTENDING THE TIME FOR THE COM- 
PLETION OP THE ROAD. 

Section- j Section- 

1. Time for building extended. | 2. Takes effect on passage. 

Be it en-acted hy the Senate and House of Representatives in 
General Court convened: 

Section 1. The time fixed in the charter of the Nashua & Hollis Time for 
Electric Railroad Company, approved February 28. 1907. is hereby fenS^^"" 
ext/cnded to March 25, 1911, and said corporation shall have such 
additional time in which to build its road. 

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

on passage. 

[Approved February 25, 1909.] 



CHAPTER 250. 

AN ACT IN AMENDMENT OP CHAPTER 291 OP THE SESSION LAWS OF 
1907, ENTITLED ''aN ACT EMPOWERING LACONIA AND GILFORD TO 
BUILD AND MAINTAIN PUBLIC WHARVES AND TO APPROPRIATE MONEY 
FOR THE SAME.'' 

Section 1. Rental of land for wharves authorized. 

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

Section 1. Strike out all of said act after section 2 and sub- Rental of land 
stitute the following: Sect. 3. The said city of Laconia and the ''"^J^^^'^^d- 



624 



Chapter 251. 



[1909 



said town of Gilfoi-d are further empowered to rent or lease, for a 
term of years, land on either of the above named lakes, for the pur- 
pose of erecting and onaintaining public wharves, thereon, if in 
their judgment, the public good requires such action, and to ap- 
propriate money for the payijient of the rentals of such lease. 
Sect. 4. In the case of action taken under the authority of the 
preceding section, the proceedings required in section 2 of the act 
shall not be applicable. Sect. 5. This act shall take effect upon 
its passage. 

[Approved February 25, 1909.] 



CHAPTER 251. 

AN ACT TO AMEND AN ACT ENTITLED "^AN ACT AUTHORIZING THE 
COCHECO MANUFACTURING COMPANY TO CONSTRUCT AND MAINTAIN 
A RAILROAD FROM ITS PLANT IN THE CITY OF DOVER TO THE TRACKS 
OF THE BOSTON & MAINE RAILROAD IN SAID DOVER, FOR THE PUR- 
POSE OP SHIPPING FREIGHT TO AND FROM SAID BOSTON & MAINE RAIL- 
ROAD,'' PASSED FEBRUARY 28, 1901. 



Transfer 
of rights 
authorized. 



Subject to 
repeal ; takes 
effect on pas- 
sage. 



Section 

1. Transfer of rights authorized. 



Section 

2. Subject to repeal; takes effect on 
passage. 



Be it enacted J)y the Senate and House of Bepresentatives in 
General Court convened: 

Section 1. Whereas the said Cocheco Manufacturing Company 
has conveyed and assigned its entire property, assets and good-will 
to the Pacific Mills, a corporation duly established by law an4 
now doing business at said Dover, the said Cocheco Manufacturing 
Company is hereby authorized and empowered to transfer and as- 
sign all the rights and powers granted to it in chapter 224, session 
Laws 1901 ; and the said Pacific Mills is hereby authorized and 
empowered to exercise the same, but subject to the duties, liabilities 
and obligations assumed by the said Cocheco ^Manufacturing Com- 
pany, as set forth in said chapter. 

Sect. 2. The legislature may alter, amend or repeal this act 
whenever in its opinion the public good may require ; this act shall 
take effect upon its passage. 

[Approved February 25, 1909.] 



1909] 



Chapter 252. 
CHAPTER 252. 



625 



AN ACT TO INCORPORATE THE DERRYFIELD MUTUAL FIRE INSURANCE 

COMPANY. 



Section 

1. Corporation constituted ; purposes. 

2. Assessments. 

3. Management. 



Section 

4. First meeting. 

5. Subject to repeal; takes effect on 

passage. 



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

Section 1. That Joseph P. Chatel, J. Edward Bernier, Augustus Corporation 

T-T^. -I- •T-i«.- • T i»T-«-- T -<\r 1 • -T-) constituted; 

A. E. Brien, Louis J. Messier, Joseph A. Boivin and Alederique K. purposes. 
Maynard, and their associates, successors and assigns, be and are 
hereby incorporated and made a body politic by the name of the 
Derryfield ]\Iutual Fire Insurance Company, 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 
purpose of making and effecting insurance against loss and damage 
upon property by fire, lightning, hail or tornado. 

Sect. 2. The corporation may issue policies of insurance contain- Assessments. 
ing a stipulation or agreement providing for the assessment of its 
policy-holders, when necessary, for the payment of the liabilities 
of the corporation. The amount of such liability to assessment 
shall be limited in the policies so issued, and the amount thus limited 
and expressed in such policies shall by the acceptance of the 
policy by the insured be deemed an acknowledgment of such agree- 
ment to pay said assessment, and such agreement shall be construed 
in effect a premium note given by the insured to said corporation, 
and in all cases shall be deemed to be assets of the corporation to 
the extent and amount so fixed and limited in the policies. The 
principal office of the company shall be in Manchester, New 
Hampshire. 

Sect. 3. The management of the corporation shall be vested Management. 
in a board of directors, to be chosen by the incorporators at the 
organization of the corporation, and subsequently by the policy- 
holders thereof at each annual meeting. Said corporation may 
adopt all suitable by-laws for the carrying into effect the purposes 
of this corporation, not repugnant to the laws of the state and this 
act. 

Sect. 4. The first meeting of the members of the corporation First meeting. 
may be held by a written agreement of all said grantees, stating 
the time, place and purpose thereof. 

Sect. 5. This act may be altered, amended or repealed when the Subject to 
public good may require, and this act shall take effect upon its effect on** ^^ 

passage. passage. 

[Approved February 25, 1909.] 



626 



Chapters 253, 254. 



[1909 



CHAPTER 253. 



Property 
exempted. 



Takes effect 
on passage. 



AN ACT TO EXEMPT FROM TAXATION THE PROPERTY OF THE NASHUA 
PROTESTANT ORPHANAGE ASSOCIATION, OF NASHUA, NEW HAMP- 
SHIRE. 



Section' 

1. Property exempted. 



Section 

2. Takes effect on passage. 



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

'Section 1. The real and personal property now held by the 
Nashua Protestant Orphanage Association of Nashua, New Hamp- 
shire, located in Nashua, New Hampshire, together with any prop- 
erty that may he hereafter acquired by said association, and located 
in said Nashua, or improvements thet;eon, are and shall be exempt 
from taxation, so long as said property is used for orphanage pur- 
poses. 

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

[Approved February 25, 1909.] 



CHAPTER 254. 



Boundary 
line estab- 
lished. 



AN ACT IN AMENDMENT OP SECTION 1 OF CHAPTER 62 OF THE LAWS 
OF 1828, BEING AN ACT ENTITLED '^AN ACT TO INCORPORATE THE 
TOWN OF FRANKLIN," AND TO ESTABLISH THE BOUNDARY LINE BE- 
TWEEN FRANKLIN AND NORTHFIELD. 



Section 

1. Boundary line established. 

2. Repealing clause. 



Section 

.3. Takes effect on passage. 



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

Section 1. That section 1 of chapter Q2 of the Laws of 1828 
be amended by striking out the following words in said section, 
page 314, commencing at line 22, ' ' thence west, 72 rods, to the west 
side of the Leighton road in Northifield ; thence south on the westerly 
side of said road, 307 rods; thence east 41 rods, to the easterly 
side of said road; thence south, 307 rods;" and insert in place 
thereof the following words, thence west, 68 rods to a stone post 
on the easterly side of the Leighton road in Northfield; thence 
south, on the east side of said road to a stone post near a large 
pine tree, at the westerly end of the Ledge road, so called ; thence 
west, 4 rods, to the westerly side of said road ; thence south, to the 



1909] Chapter 254. 627 

original town line; so that said section as amended shall read as 
follows: Section 1. Be it enacted by the Senate and House of 
Representatives in G-eneral Court convened, That there be, and 
hereby is, a town erected and incorporated by the name of Frank- 
lin, with the following bounds, viz.; beginning on the INIerrimack 
river, where the line between Salisbury and Boscawen commences, 
thence south about 70 degrees west, following the line between said 
towns, to the southwest corner of lot No. 10, in the first range of 
lots in Salisbury; thence north 6 degrees east, following the west- 
erly line of said lot, to a stone monument at the northwest corner 
of said lot; thence north four rods, across the first range way in 
Salisbury; thence south about 73 degrees west, to a stone marked 
C B at the southwest comer of lot No. 11, the second range of lots 
in Salisbury ; thence north 6 degrees west, on the westerly line of 
said lot, to the northwest corner of said lot, on the south side of the 
Centre road, so called ; thence south about 73 degrees west, 631/2 
rods ; thence north 4 rods, across the road ; thence south about 73 
degrees west, 631,4 rods to a stone marked C B, at the southwest 
corner of lot No. 61, in the third range of lots in Salisbury; thence 
north 14 degrees east, on the westerly line of said lot, 474 rods, to 
a stone marked C B, at the south side of the road; thence north 
about 73 degrees east, following the course of the range way, to the 
southwest corner of lot No. 52 in the fourth range of lots in said 
Salisbury ; thence north, following the westerly line of said lot to a 
stake and stones on the line between Salisbury and Andover ; thence 
south about 73 degrees west, following said line 55 rods, to a stake 
and stones at the southwe^^t corner of lot No. 19, in the first range 
of lots in Andover ; thence north abciit 7 degrees west, to the north- 
west corner of said lot No. 19 and at the southwest corner of lot 
No. 20, in the second range of lots in Andover; thence following the 
westerly line of lot No. 20, aforesaid, 320 rods, to a birch tree 
spotted ; thence north 73 degrees east, 19 rods ; thence north, 4 rods, 
across the road, to the southwest corner of lot No. 61, in the third 
range of lots in said Andover ; thence north about 17 degrees west, 
on the westerly line of said lot, until you strike the fourth range 
way in Andover aforesaid; thence across said range way, to the 
southwest corner of lot No. 62, in the fourth range of lots in said 
Andover; thence northerly, on the west line of said lot, to the line 
of New Chester; thence easterly, on the south line of said New 
Chester, to Pemigewasset river; thence passing down said river, to 
the eastern shore where the sixth range way in Sanbornton strikes 
the said river; thence north, about 77 degrees east, following the 
middle of said range way, 257 rods, to the northeast corner of lot 
No. 67, in the sixth range of lots in Sanbornton ; thence south about 
13 degrees east, on the easterly line of said lot, 160 rods, to a 
stone monument on the fifth range way in Sanbornton ; thence south 



628 



Chapter 254. 



[1909 



Repealing 
clause. 



Takes effect 
on passage. 



13 degrees east, on the easterly line of lot No. 22, in the fifth range 
of lots in said Sanbornton, 186 rods, to a stake on the fourth range 
way ; thence north 77 degrees east, to the northeast comer of lot 
No. 31, in said fourth range ; thence south 13 degrees east, on the 
easterly line of said lot, 186 rods, to a stake and stones on the south 
side line of the third range way in Sanbornton ; thence south about 
77 degrees west, 84 rods, to the northeast corner of lot No. 61, in 
the third range of lots in sard Sanbornton ; thence south 13 degrees 
east, 206 rods, on the easterly side of said lot to a stake and stones 
on the north side of the road; thence south about 77 degrees west, 
56 rods ; thence south, across the road, to a stake and stones at the 
northeast corner of lot No. 69, in the second range of lots in San- 
bornton ; thence south 13 degrees east, on the easterly line of said 
lot No. 69, 270 rods, to a maple tree ; thence north 77 degrees east, 
8 rods; thence south 13 degrees east, 66 rods, to a stake and stones 
on the bank of the river Winnepiseogee ; thence down said river ; 
thence south across said river, to a hemlock tree marked, being the 
corner of lots Nos. 7 and 8 in Northfield ; thence south, 140 rods to 
the north side of a range way ; thence west. 68 rods to a stone post 
on the east side of the Leighton road in Northfield; thence south, 
on the east side of said road to a stone post near a large pine tree, 
at the westerly end of the Ledge road so called ; thence west 4 rods, 
to the westerly side of said road ; thence south, to the original town 
line ; thence west, along the northerly line of lot No. 175, in the 
first range of lots in said Northfield, 199 rods, to a stake and stones 
at the northwest corner of said lot ; thence west, 62 rods to a white 
birch tree marked, on the bank of the river ]Merrimack; thence 
down and across said river, to the bound first mentioned. And that 
the parts of said towns, of Salisbury, Andover, Sanbornton and 
Northfield, within those bounds be separated from the said t»wns 
respectively, and that the inha:bitants wko now reside, or may here- 
after reside, within those bounds aforesaid, be, and hereby are, 
made and con.stituted a distinct body politic and corporate by the 
name of Franklin, to have continuance and succession forever, and 
vested with all the rights, powers, privileges, and immunities, which 
other towns in this state enjoy. Provided nevertheless, that all 
town officers residing within the limits of the town of Franklin, who 
were chosen by the towns of Salisbury, Andover, Sanbornton and 
Northfield, shall continue in their respective offices during the time 
for which they were elected ; and all taxes which have been assessed 
shall be levied, collected, expended and applied in the same manner 
as if this act had not been passed. 

Sect. 2. That the provisions of chapter 99, Laws of 1903, are 
hereby repealed or suspended so far as the same may apply to this 
act. 

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

[Approved February 25, 1909.] 



1909] 



Chapter 255. 
OHAPTE'R 255. 



629 



AN ACT TO INCORPORATE THE CITY OF CLAREMONT. 



I. 



MUNICIPAL GOVERNMENT. 



Section 

1. City established. 

2. To constitute one ward; election 

officers. 

3. Executive and legislative depart- 

ments. 

4. Powers and duties of mayor and 

city council. 

5. School-district administration. 
G. Town property vested in city. 

7. Municipal officers; election and 

terms of office. 

II. ELECTIONS AND MEETINGS. 

8. Municipal election, when held. 

9. Nomination of candidates. 

III. LEGISLATIVE DEPARTMENT. 

10. Organization of mayor and council. 

11. Temporary vacancies, how tilled. 

12. Council meetings to be open. 

13. Vacancies in council, how filled. 

14. Councilmen not to be interested in 

city contracts, etc. 

15. Election of auditor, etc. 

16. Annual approijriations. 

17. Grant of exclusive franchise re- 

stricted. 

18. Erection of schoolhouses, eti. 

19. Fire and police departments. 

20. Majority vote of council necessary, 

when. 

21. Removal of mayor for misconduct. 

22. Councilmen to hold no other city 

office. 

23. Veto power of mayor. 

IV. EXECUTIVE DEPARTMENT. 

24. Mayor sole executive; compensation. 

25. Power of appointment and removal. 



Section 
2G. Designation of mayor pro tern. 

V. public schools. 

27. Management vested in school board. 

28. Vacancy in board, how filled. 

29. Stevens High School committee. 

30. Compensation of school employees, 

how fixed. 

VI. ADMINISTRATIVE OFFICERS. 

31. Mayor to appoint certain officers. 

32. Tenure of office of appointees. 

VII. POWERS AND DUTIES OF OFFICERS. 

33. City clerk. 

34. City treasurer. 

35. City auditor. 

36. Commissioner of public works. 

37. City solicitor. 

38. Trustees of trust funds. 

39. Public library trustees. 

40. General provision as to duties. 

41. Appointment and removal of sub- 

ordinates. 

VIII. INITIATIVE AND REFERENDUM. 

42. Submission of certain expenditures 

to voters. 

43. Consideration of ordinances on peti- 

tion of voters. 



44. 
45. 
46. 



49. 

50. 



IX. GENERAL PROVISIONS. 

Annual estimates of appropriations. 
Specific appropriations required. 
Work and supplies on competitive 

bids. 
Contracts to be in writing, when. 
Town officials to hold over until 

city organizes. 
Acceptance of act by popular vote. 
Takes effe:t, when; repealing clause. 



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



I. MUNICIPAL GOVERNMENT. 

Section 1. The inhabiitants of the town of Claremont in the 
county of Sullivan shall continue to be a body corporate and politic 
under the name of the City of Claremont. 

Sect. 2. Said city shall constitute one ward. Said ward shall 
at each biennial election choose by ballot a moderator and three 
supervisors of the check-list who shall hold office for two years or 
until their successors are elected and qualified. Said supervisors 

21 



City estab- 
lished. 



To constitute 
one ward ; 
election offi- 
cers. 



630 



Chapter 255. 



1909 



Executive 
and legislative 
departments. 



Powers and 
duties of 
mayor and 
council. 



School-district 
administration 



Town property 
vested in 
city. 



shall perform all the duties required by law of selectmen of wards 
in cities and of supervisors of cheek-lists in towns, and for all pur- 
poses requiring such officers shall be considered selectmen of said 
ward. The city council may divide the ward into precincts and 
establish a polling place for each precinct, whenever in their judg- 
ment it shall be deemed advisable. At the first primary election 
held after the establishment of an additional precinct, the city 
council shall assign the election officers then holding office, among 
all the precincts, where they shall have full power of a complete 
board in each precinct ; and at said first primary and election after 
the establishment of an additional precinct, there shall be nom- 
inated at the primary and elected at the election in each precinct, a 
moderator, three supervisors of the check-list and a precinct clerk, 
in the same manner as herein provided for election of election offi- 
cers. Said officers shall hold office until the next biennial election 
and until their successors are elected and qualified ; and thereafter 
at each biennial election, there shall be elected for each precinct a 
moderator, three supervisors of the check-list and a precinct clerk. 
The duties of the supervisors for precincts shall be as previously 
specified in this section; the duties of the precinct clerks shall be 
the same as provided by law for ward cler'ks. 

Sect. 3. The administration of all the fiscal, prudential and 
municipal affairs of said city, and the government thereof, (except 
the affairs of the public schools as hereinafter provided) shall be 
vested in an executive department, which shall consist of one officer 
to be called the mayor; and in a legislative department which Shall 
consist of a single body of nine members to be called the city coun- 
cil, the members whereof shall be called councilmen, who shall serve 
without pay. The executive department shall never exercise any 
legislative power and the legislative department shall never exercise 
any executive power, except as hereinafter provided. 

Sect. 4. The mayor and city council created by this act shall 
have all the powers and do and perform in reference to each other 
or otherwise all the duties which mayors, boards of aldermen and 
common councils of cities are by law aiUthorized or required to do 
and perform, either separately or otherwise, except as herein other- 
wise provided. 

Sect. 5. Said city shall constitute one school district and the 
administration of all fiscal, prudential and district aft'airs of said 
district shall be vested in the city council, except such as shall 
hereinafter be vested in the school board and in the Stevens High 
School committee. 

Sect. 6. All property of said town of Claremont end of the 
school district of said town, shall be vested in said city, and all 



1909] 'Chapter 255. 631 

debts of said town and said school district shall be considered for 
all purposes as the debts of said city. 
• Sect. 7. At each annual municipal election there shall be elected Municipal 

^ 111 OltlCSI'S ) 616C* 

a mayor who shall serve for one year ; three councilmen who shall tion and terms 
serve for three years; 'one assessor to serve for three years; and a 
member of the school board as hereinafter provided, to serve for 
three years; except that at the first such election there shall be 
elected nine councilmen, three of whom shall serve for one year, 
three for two years and three for three years, and three assessors 
who shall serve for one, two and three years respectively. The 
respective terms of service of the councilmen and assessors elected 
at the first municipal election sihall be determined by each body by 
lot at its first meeting. The words year and years as used in this 
section shall be construed to mean the municipal year or years fol- 
lowing the municipal election or until their successors are elected 
and qualified. The municipal year shall begin on the first ^Monday 
of January following the annual municipal election. 

II. ELECTIONS AND MEETINGS. 

iSect. 8. The municipal election of said city of Claremont shall Municipal 
be held on the second Tuesday in December in each year. The first 
such election shall be iheld on the second Tuesday in December next 
following the acceptance of this act, shall be called by the select- 
men of the town of Claremont. and shall be held in the present town 
hall. Municipal elections and meetings thereafter shall be held in 
the same place unless the city council shall order otherwise. In all 
elections by the voters the polls shall be opened at eight o'clock in 
the forenoon and shall be kept open until seven o'clock in the 
afternoon. 

Sect. 9. Candidates to be voted for at any municipal election Nomination of 
shall be nominated at a primary election and no names shall be candidates, 
placed upon the ballot to be used at any municipal election except 
those selected in the manner herein prescribed. Said primary elec- 
tion shall be held on the last Tuesday of Noyember of each year and 
the same officers shall have charge thereof and perform the same 
duties which they have to perform at the municipal elections. The 
check-list shall be used and the polls opened and closed at the same 
hours as at the annual election. The name of any person shall be 
placed upon the primary ballot as a candidate for nomination for 
any office to be filled at said election upon his consent thereto in 
writing being filed with the city clerk, at least seven days prior to 
the date of the primary election. The city clerk shall cause to be 
published in each of the weekly newspapers of said city in the 
last issue preceding the primary eleetion, the names of persons as 
they are to appear upon the primary ballot, and the said clerk shall 



G32 Chapter 255. [1909 

cause the primary ballots to be printed and authenticated with a 
facsimile of his signature. The names of the candidates for nomina- 
tion for each ot¥ice shall be placed upon the primary ballot in alpha- 
betical order with instructions as to the number to be voted for, and 
shall have no party designation or mark whatever. For the first 
primary election and the first municipal election following the ac- 
ceptance of this act the town clerk shall prepare the ballots in the 
manner herein prescribed. The only candidates whose names shall 
be printed on the ballot to be used at the municipal election shall 
be those receiving the highest number of votes at the .primary elec- 
tion for each oi^ee, as follows: For mayor, the two highest; for 
councilmen, the six highest ; for assessor, the two highest ; for mem- 
ber of the school board, the two highest; except that at the first 
municipal election the names of the eighteen candidates for council- 
men and the six candidates for assessors receiving the highest num- 
ber of votes in the primary election shall be printed; provided how- 
ever, that the name of any legally qualified person shall be printed 
upon the ballot to be used at the municipal election as a candidate 
for the office of mayor, if w^ithin one week after the primary election 
a paper or papers requesting that his name be so printed, signed by 
not less than two hundred legal voters of the city, be filed with the 
city clerk, in which case the check-lists used at said primary election 
— — shall be final and conclusive evidence as to whether the signers of 
such request are in fact legal voters of said city. In case of a tie 
making it impossible to determine who are chosen as candidates, the 
names of all persons between whom such tie exists shall be printed 
upon the ballot to be used at the municipal election. The names 
of candidates printed upon the ballot to be used at the municipal 
election shall contain no party designation or mark whatever. In 
the case of any vacancy to be filled at a municipal election the 
procedure as to balloting at the primary election and at the munici- 
pal election shall be the same as herein prescribed for officers to be 
elected for a full term. 

in. LEGISLATIVE DEPARTMENT. 

Organization Sect. 10. The mayor and councilmen elect shall meet on the first 

ofmavorand ^j-^^^^^y -^^ January next following the annual municipal election, 
at ten o'clock in the forenoon, for the purpose of taking their re- 
spective oaths. The city council before transacting any further 
business shall then elect one of their number by ballot as president 
of the council. Their next business shall be the election of a city 
clerk to serve for the ensuing year. The votes of a majority of all 
the members of the city council shall be necessary to the election 
of the president of the council and the city clerk, except that if, a 
majority of the councilmen being present, an election is not thus 



council 



1909] Chapter 255. 633 

effected in ten ballots, then on any succeeding ballot a plurality of 
those present shall elect. The president shall have the same rig-ht 
■ to vote as any other member of the council. The president or the 
city clerk may be removed from office by the vote of two-thirds of 
all the members of the council, taken by roll-call at a meeting called 
for that purpose. 

Sect. 11. In case of the absence of the president from a meeting Temporary 

• 11 • 1 i • 1 i J vacancies. 

of the City council, the meeting may elect a president pro tempore 
by the vote of a plurality of the councilmen present. In case of the 
temporary disability of the city clerk, or his temporary absence 
from the eit}^ 'or from a meeting, the council may elect a clerk pro 
tempore by a plurality vote, said clerk pro tempore to be duly 
qualified. 

iSect. 12. The meetings of the city council shall be open to the open council 
public, whether in session as a council or as a committee of the ™'^" '"^^' 
whole, and its journal of proceedings shall be open to public in- 
spection. It shall determine the rules for its own government and 
for the frequency of its meetings, except as herein otherwise pro- 
vided or as provided by law. 

Sect. 13. The city council may fill any vacancies occurring in its Va-anciesin 
membership by ballot and a majority vote of those present at any 
meeting eailed for that purpose. The member thus elected shall 
hold office until the end of the current municipal year. 

Sect. 14. Neither the city council nor any member or committee Counciimen 
thereof shall directly or indirectly take part in the employment of terestecTin 
labor, the making of contracts, the purchase of materials or supplies, contracts, etc. 
the construction, alteration or repair of any public works, buildings 
or other property, or the care, custody or management of the same, 
or in the conduct of any of the executive or administrative business 
of the city, or in the expenditure of public money, (except such as 
may be necessary for the contingent and incidental expenses of the 
city council), or in the appointment or removal of any officers, ex- 
cept as herein otherwise provided. 

iSect. 15. The city council shall annually in the month of Janu- Election of 
ary by a majority vote of all its members taken by ballot, choose an ''^ ' ° ' 
auditor who shall hold office for the term of one year beginning with 
the first Monday in February next ensuing, and until his successor 
is chosen and qualified ; a member of the Stevens High School com- 
mittee and a member of the board of trustees of trust funds, each 
of whoin shall hold office for five years beginning with the first Mon- 
day in February next ensuing, and until his successor is chosen 
and qualiified ; except that the first council shall choose five members 
of said committee and of said board to serve for one, two, three, 
four and five years respectively. Any of the above named officers 
may be removed by the city council in the same manner as they are 
chosen. 



634 



Chapter 255. 



1909 



Annual ap- 
propriations. 



Grani o; 
exclusive 
franchise 
restricted. 



Erection of 
schooUiouses 
etc. 



Fire and police 
departments. 



Majority vote 
of council, 
-when. 



Removal of 
mayor for mis- 
conduct. 



Sect. 16. The city council shall appropriate annually in the 
month of Marcli the amounts necessary to meet the expenditures of 
the city for the current financial year. a.s hereinafter provided. It 
shall see that no money is paid from the treasury unless granted or 
appropriated, and shall secure a just and proper accountability by 
requiring bonds with sufficient penalties and sureties from all per- 
sons entrusted with the receipt, custody or disbursement of money. 
It .shall as often as once in each year, on or before November 20, 
cause to 'be publis^hed for the use of the inhabitants a particular 
account of the receipts and expenditures of said city and a schedule 
of all city property and of the city debt. 

Sect. 17. No vote of the city council granting or bestowing an 
exclusive franchise of any description to any person or corporation 
shall be valid, unless approved by a vote of the qualified voters of 
the city. 

Sect. 18. The city council shall not authorize the erection of a 
sehoolhouse, or of any addition thereto, nor pass any appropriation 
for such purpose, until plans for the same have been approved by 
vote of the school board, or, in case of the Stevens High Scliool by 
the Stevens High School committee, and such approval has been 
certified in writing to the council by said board or committee. 

Sect. 19. The city council shall establish a fire department and 
a police department for said city, each department to consist of a 
chief and such other of^cers and members as the city council shall 
prescribe. The chiefs of such departments shall be appointed and may 
be removed by the mayor, as herein elsewhere provided ; and the ap- 
pointment and removal of other officers and members of such de- 
partments shall be made by the heads of the departments as 
hereinafter provided. 

Sect. 20. The affirmative votes of a majority of all the members 
of the city council shall be necessary for the passage of any ordi- 
nance, order, resolution or vote involving the appropriation or 
expenditure of money to an amount which may exceed two hundred 
dollars, the laying of an assessment, or the granting to a person or 
corporation of any right in, over or under any street or other 
public ground of the city. Every such ordinance, order, resolution 
or vote shall be read tv\'ice, with an inter\'al of at least three days 
between the two readings before being finally passed; and the vote 
upon its final passage shall be by roll-call; provided, that in cases 
necessitating immediate action for the public safety, the council, on 
written recommendation of the mayor or acting mayor may pass the 
same upon the same day by a two-thirds vote of the members pres- 
ent, taken by roll-call. 

Sect. 21. At any meeting of the cit^- council any member thereof 
may give written notice, seconded in writing by not less than four 



1909] 



Chapter 255. 



635 



other members, of his intention to move at the next meeting thereof 
occurring within not less than ten days, a resolution that the mayor 
be removed for official misconduct or neglect of duty. iSuch notice 
shall specify the acts of misconduct or the instances of neglect of 
duty complained of, shall be entered by the clerk in the minutes of 
the council, and the clerk within two days shall serve a copy upon 
the mayor, either perscoially or by leaving the same at his last or 
usual place of abode, and shall /mail a copy to each of the members 
of the city council at his residence. At such next meeting of the 
city council the mayor shall have the right to speak in his own 
defence and to be heard by counsel. The vote on the resolution 
shall be by roll-call. If it receives the affirmative vote of three- 
fourths of ail the members of the council, the office of mayor shall 
thereupon become vacant. 

^Sect. 2i2. No memher of the city council shall hold any other Coimciimen 
office in or under the city government, or act as counsel in any o'^thercUy 
matter before the council or any committee thereof, and no person °®^''" 
shall be eligible for appointment to any municipal office established 
by the council during any municipal year within which he was coun- 
cilman, until the expiration of the next municipal year. This sec- 
tion shall not prevent the election of a councilman to the office of 
mayor. 

iSect. 23. Every ordinance, order, resolution or vote of the city veto power of 
council, (except such as relate to its owm internal affairs, to its own "^^^°^' 
officers or employees, to the election or duties of the auditor, Stevens 
High School committee and board of trustees of trust funds, to the 
removal of the mayor, or to the declaration of a vacancy in the office 
of mayor) shall be presented to the mayor for his approval. If he 
approves it lie shall sign it, but if not he shall return it to the city 
clerk with his objections thereto in writing. If he fails to return it 
within five daj's after it is presented to him it shall take effect as 
though he had approved it. The city council may pass any ordi- 
nance, order, resolution or vote over the veto of the mayor by a vote 
of two-thirds of all members of the council. 



IV. EXECUTIVE DEPARTMENT. 

Sect. 24. The executive powers of the cit}^ except as herein other- 
wise provided, shall be vested solely in the mayor, and may be exer- 
cised by him either personally or through the several officers and 
boards of the city in their departments under his general supervision 
and control. He shall receive in full for his services an annual salary 
of six hundred dollars. In case of a vacancy- in any office to which 
appointment is -made by the mayor, he may personally perform the 
duties thereof, but he shall not be entitled to receive any salary or 
pay attached thereto. 



Mayor sole 
executive ; 
compensation. 



636 



Chapter 255. 



[1909 



Power of 
appointment 
and removal. 



Designation 
of mayor 
pro tern. 



Sect. 25. The mayor shall have the sole power of appointment 
to all the municipal offices established by or under this act, unless 
herein otherwise provided ; and he may, except as herein otherwise 
provided, remove from office by written order any officer so ap- 
pointed, for any cause which he shall in his discretion deem suffi- 
cient, which cause he shall assign in his order of removal, except 
that the removal of the chief of police shall be subject to the ap- 
proval of the city council. -Such office shall become vacant upon the 
filing with the city clerk of such order of removal and the service 
of a copy thereof upon the officer so removed either personally or by 
leaving the same at his last or usual place of abode. The city clerk 
shall keep such order of removal on file, open to public inspection. 

'Sect. 26. Whenever the mayor shall be disabled from performing 
the duties of his office, he may designate by a writing filed in the 
office of the city clerk, either the city treasurer, the city clerk, or 
the city solicitor to act as mayor; or in case of the failure of the 
mayor to make such designation, either of the above named officers 
in the order above named shall act as mayor. Such officer, during 
the continuance of such disability, shall have all the rights and 
powers of mayor, except that he shall not have the power of removal, 
unless thereto in each instance authorized by the city council; nor 
the power of appointment, unless such disability of the mayor has 
continued for thirty days, and then subject to the approval of the 
city council ; nor the power to approve or disapprove any ordinance, 
order, resolution or vote, until within twenty-four hours of the 
time when it would take eflPeet without the approval of the mavor. 
In case the disability of the mayor extends for more than sixty 
days the city council at a meeting called for .such purpose, may 
declare by a majority vote of all members of the city council to be 
taken by roll-call, a vacancy in the office of mayor. Whenever 
there shall be a vacancy in the office of mayor the president of the 
city council shall act as mayor and possess all the rights and 
powers of mayor during such vacancy, except the power of appoint- 
ment and removal unless thereto in each instance authorized by the 
city council. Within fourteen days after siich vacancy occurs the 
city council shall elect a mayor by a majority vote of all its mem- 
bers, who shall serve until the next municipal election and until 
his successor is duly elected and qualified. 



V. PUBLIC SCHOOLS. 

Management. Sect. 27. The management and control of the schools of the 

city (except the Stevens High School as herein otherwise provided) 
shall be vested solely in the school board, the manner of whose 
election is herein elsewhere specified; but the qualifications for 
electors for school board shall be the same as tho.se now in force 



1909] Chapter 255. 637 

for electors for school board for the school district of the town of 
Claremont. 

Sect. 28. In case a vacancy s'hall exist in the school board it vacancies, 
shall be filled at a joint meeting of the city council and the school 
board, called by the city council for that purpose. The member 
thus elected shall serve for the remainder of the municipal year. 

Sect. 29. The management and control of Stevens High School Stevens High 
shall be vested solely in the Stevens High School committee, 'pro- 
vided, that if the qualified voters for school board shall so vote at 
any annual municipal election, the management and control of the 
Stevens High School s'hall then be transferred to and thereafter be 
vested in the school board. 

Sect. 30. The school board and the Stevens High School com- Compensation 

T 1 r- i 1 "f eniployees. 

mittee shall have the sole power to appoint and remove and fix the 
compensation of all persons employed by them. 

Vr. ADMINISTRATIVE OFFICERS. 

Sect. 31. The mayor shall appoint on or before the first Monday Mayor to ap- 
in February the following administrative oiilicers : I. A commis- officers!^'^ *"^ 
sioner of public works. II. An overseer of the poor. III. A city 
treasurer. IV. A city solicitor. V. A chief of police. VI. A 
chief of the fire department. VII. A member of the board of 
health to sen^e for three years, except that the first mayor of the 
city shall appoint three members to serve for one, two, and three 
years respectively; and at least one member of said board shall be 
a physician. VIII. A member of the board of trustees of the pub- 
lie library to serve for five years, except that the first mayor of the 
city shall appoint five members to serve for one, two, three, four 
and five years respectively. IX. All other admini.'itrative officers 
or boards not herein otherwise provided for, which may be required 
by law or by ordinance. 

-Sect. 32. Unless otherwise provided, said officers and boards Tenure of 
shall hold office for one year beginning with the first Monday in appointees. 
February, and until their successors are appointed and qualified, 
unless previously removed by the mayor; except that the chief of 
police shall hold office for three years unless previously removed 
by the mayor. The compensation of all officers, boards and com- 
mittees specified in this act shall be fixed by the city council except 
as herein otherwise provided or as provided by law. 

VII. POWERS AND DUTIES OF OFFICERS. 

Sect. 33. The city clerk shall be the clerk of the council, and Citycierk. 
shall perform such duties as are required by law or as may be 
prescribed by the council, and s'hall be regarded as the ward clerk 
for all purposes requiring such an officer. 



638 



Chapter 255. 



1909 



City treasurer. 



CJtv auditor. 



Commissioner 
of public 
works. 



City solicitor. 



Trustees of 
trust funds. 



Public library 
trustees. 



Sect. 34. The city treasurer shall have charge of all the revenue 
and expenditure accounts of the city. He shall collect all taxes, 
water rents and other moneys due the city, and shall have the 
custody of the same, except trust funds as herein otherwise pro- 
vided, and shall pay out money for expenditures only upon the 
certiticate of the auditor. He shall make written statements to the 
city council, showing the city's receipts and expenditures and 
financial condition, at such times and in such form and detail as the 
city council may prescribe. 

ISect. 35. The auditor shall examine all charges or demands 
against the city and all orders of the city council or other officers 
for the payment of money, shall see that they have been properly 
authorized and incurred, that they are approved by some person 
authorized thereto, and that they are correctly computed. If he 
approves payment he shall certify to that ei¥ect and pass voucher 
to the treasurer for payment. 

Sect. 36. The commissioner of public works shall have control 
of the construction, alteration, repairs, maintenance and care of 
all highways; of public buildings, and grounds (except such as 
are under the control of the school board. Stevens High School 
committee, or the trustees of the public library, as herein otherwise 
provided); of public burial places and parks; of public water- 
works: and of all other public improvements. He shall appoint, 
with the approval of the mayor, the following officers: a highway 
commissioner, whose powers and duties, under the direction of the 
commissioner of public works, shall be those usual to such officers; 
a superintendent of water-^works, an inspector of buildings and an 
inspector of plumbing, whose powers and duties shall be as pre- 
scribed by the city council or as provided by law. 

-Sect. 37. The city solicitor shall for the salary fixed bv the 
city eouncil perform all legal services in matters in which the 
city is interested, except as additional legal services may be author- 
ized by the city council on recommendation of the mayor. He 
shall also, for the salary so provided, give in writing his legal 
opinion upon any of the municipal affairs of the city upon request 
of the mayor or the city council, or upon the affairs of any depart- 
ment upon request made by the head of such department. 

Sect. 38. The board of trustees of trust funds shall have the 
management and control of all trust funds belonging to said city 
unless otherwise pro\nded by the conditions under which such 
trust funds were accepted. 

Sect. 3'9. The trustees of the public library .shall have the man- 
agement and control of the Carnegie library building and the 
Fiske free library. 



1909] 



Chapter 255. 



639 



Sect. 40. All eitv offieer.s shall perform such duties as are or General 

- , . . . , provisions. 

may be prescribed by law and such other duties not incon.sistent 
herewith or with law as the city council may prescribe. 

Sect. 41. All otficers, boards or committees shall have the power, Appointment 

_.,. • -x -I A -i 11 £C and removal of 

except as herein otherwise provided, to appoint or remove ail otri- subordinates, 
cers. clerks and employees in their respective departments, provided 
that appointments of police officers by the chief of police shall be 
subject to the approval of the mayor. Appointments of salaried 
officers when made by the officers, boards or committees above 
named, shall not be for any specified term, but shall hold goad 
until removal. Orders for removal shall state the reason therefor 
and shall take effect upon notice of removal to the person removed, 
in the same manner prescribed for the removal of heads of depart- 
ments by the ma.yor, and upon filing a copy of such notice with the 
cit}' clerk. 

VIII. INITIATIVE AND REFERENDUM. 

■Sect. 42. A vote of the citv council in favor of anv proposition Submission of 
requiring the expenditure of five thousand dollars or more in addi- penditures. 
tion to the regular annual appropriations shall not become opera- 
tive until after the expiration of a period of ten days from the 
daj' of the (final passage of such vote. If. within the said period of 
ten days, a petition be addressed to and filed with the city clerk 
signed by at least one hundred qualified voters of the city, asking 
that such proposition be submitted to the qualified voters of the 
city, the city council shall within thirty days from the filing of 
such petition submit such question to the qualified voters at a 
meeting specially held for such purpose. Pending such period of 
ten days the action of the city council shall be suspended, and if 
the said petition be filed, then it shall be further suspended until 
the result of the vote at such meeting be declared, and if a majority 
of the voters voting thereon approve said proposition it shall take 
effect, otherwiise it shall be null and void. 

Sect. 43. Upon the written petition signed by at least one hun- consideration 
dred voters filed with the city clerk, addressed to the city council, ^^ o^'*^'"'*"'^''^ 
and requesting the passage of any ordinance or of any proposition 
for the expenditure of mone}- exceeding the sum of five thoasand 
dollars, therein to be specifically set forth, the city council shall at 
its next meeting proceed to consider the same and shall before the 
adjournment of said meeting pass its final vote thereon. If the 
said ordinance or proposition be disapproved by the city council 
the said vote shall be inoperative for a period of ten days, and if 
within said period of ten days after said disapproval a petition be 
addressed to and filed with the city clerk signed by at least two 
hundred qualified voters of the city asking that such proposition be 



on petition. 



640 



Chapter 255. 



1909 



submitted to the qualitied voters of the city, the city council shall 
Avithin thirty days thereafter submit said ordinance or proposition 
to the qualified voters of the city at a meeting specially held for 
that purpose, and if a majority of the voters approve such ordi- 
nance or proposition it shall take effect, otherwise it shall be null 
and void. 

IX. GENERAL PROVISIONS. 



Annual esti- 
mates of 
appropriations 



Specific ap- 
propriations 
required. 



Competitive 
bids. 



Sect. 44. The administrative offieer.s and boards above named 
shall, annually on the first Monday of January, furnish to the 
mayor a detailed estimate of the moneys required for their re- 
spective departments or offices during the current financial year. 
The mayor, president of the city council and chairman of the 
board of a.ssessors, shall examine suc4i estimates and shall submit 
the same to the city council on or before the first day of March, 
with their detailed apportionment, which shall be the appropria- 
tions which the several departments and officers may expend dur- 
ing the current financial year; but said city council at any time 
prior to April first, of each year, may, subject to the approval 
of the mayor, strike out or decrease, but not increase, any item in 
said report. 

;Sect. 45. No sum appropriated for a specified purpose shall be 
expended for any other purpose, and no expenditure shall be made, 
or liability incurred, by or in behalf of the city, until an appropria- 
tion has been duly voted by the city council suificient to meet such 
expenditure or liability, together with all prior unpaid liabilities 
wiiich are payable out of such appropriation, except in accordance 
with the written consent of the mayor to the city council approved 
by a yea and nay vote of two-thirds of the city council; provided, 
however, that after the expiration of the financial year and until 
the passage of the annual appropriations, liabilities payable out of 
a regular appropriation to be contained therein may be incurred 
to an amount not exceeding one-third of the total of such appro- 
priation for the preceding year. Every bill, pay-roll or other 
voucher covering an expenditure of money shall be approved by 
the signature thereon of the officer or of the majority of the board 
or committee having control of or incurring sueh expenditure, and 
after such approval, such bills, pay-rolls or vouchers shall be turned 
over to the auditor. The financial year shall begin with the first 
day of November in each year. 

Sect. 46. Whenever work is required to be done, or supplies are 
required for the city, at a cost amounting to five hundred dollars 
or more, the officer, board, or committee having the matter in 
charge shall invite proposals therefor by advertisements in each of 
the newspapers published in said city, such advertisements to state 



1909] 



fCn AFTER 255. 



641 



the time and 'plaee for opening the proposals in answer to said 
advertisements, and reserving the right to said officer, board or 
committee to reject any or all proposals. Every such proposal shall 
'be accompanied by a suitable bond, or certificate of deposit, for the 
faithful performance thereof, and all such proposals shall be kept 
by the city clerk, and shall be open to public inspection after said 
proposals have been accepted or rejected. 

Sect. 47. All contracts made by any department o.f the city, 
when the amount involved is five hundred dollars or more, shall be 
in writing, and no such contract shall be deemed to have been made 
or executed until the approval of the mayor is affixed thereto. All 
such contracts shall be accompanied by a bond with securities 
satisfactory to the mayor, or a deposit of money or other security 
for the faithful performance of such contracts ; and such bonds or 
other securit}' shall be deposited with the auditor until the con- 
tract has been fully performed. No such contract shall be altered 
except b.y a written agreement of the contractor, the sureties on 
his or their bond, and the officer, board or committee making the 
contract, with the approval of the mayor affixed thereto. 

Sect. 48. All persons holding office in said town of Claremont 
or in the school district of said town at the time this act shall take 
effe<?t shall continue to hold the same until the organization of the 
city government is effected, and until their successors are elected 
or appointed and qualified. 

Sect. 49. The question of acceptance of this act may be sub- 
mitted to the voters of said town at the annual town meeting to be 
held in March, 1909, at which meeting the polls shall be.O'pen from 
8 o'clock in the forenoon to 7 o'clock in the afternoon and the vote 
shall be taken by ballot, in answer to the following question, Shall 
an act passed by the general court in the year 1909, entitled "An 
Act to incorporate the City of Claremont," be accepted? and the 
affirmative votes of a majority of the voters present and voting 
thereon shall be required for its acceptance. If at the meeting so 
held this act shall fail to be thus accepted, it may at the annual 
meeting in March, 1910, be again thus submitted. 

'Sect. 50. ,So much of this act as authorizes the submission of 
the question of its acceptance to the voters of said town shall take 
effect upon its passage and the remainder of this act shall take 
effect if and when the same ls accepted by the voters of the said 
town as provided in the preceding section. All acts and parts oi 
acts that s'hall be in force and be inconsistent with this act when it 
takes effect so far as they may be applicable to said town or said 
city are hereby repealed. 

[Approved February 25, 1909.] 



Contracts in 
writing, when. 



Town officers 
hold over. 



Acceptance by- 
popular vote. 



Takes effect, 
when : repeal- 
ing clause. 



642 



Chapters 256, 257. 
CHAPTER 256. 



[1909 



Authority 
granted. 



Procedure. 



Takeseffect 
on passage. 



AN ACT EMPOWERING THE TOWN OF MEREDITH TO ACQUIRE, BUILD AND 
MAINTAIN PUBLIC WHARVES AND TO APPROPRIATE MONEY FOR THE 
SAME. 



Section 

1. Authority granted. 

2. Procedure. 



Section 

3. Takes effect on passage. 



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

Section 1. The town of Meredith is hereby empowered to ac- 
quire, build and maintain public wharves in said town upon Lakes 
Winnipesaukee, AVaukewan and Winnisquam, whenever and where- 
ever the accommodation of the public may require, to keep the 
approaches to same both by land and water free from obstructions, 
to regulate the use of the same, and to appropriate money for said 
purposes, upon petition to the selectmen of said town. 

iSect. 2. Upon such petition the same proceedings shall be had 
and all parties interested therein, shall have the same rights and 
remedies, as in laying out of highways. 

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

[Approved February 25, 1909.] 



OHAPTEiR 257. 



Corporation 
constituted. 



AN ACT TO INCORPORATE TITIGAW TRIBE NO. 38, IMPROVED ORDER OF 
RED MEN OF ENFIELD, NEW HAMPSHIRE. 



Section 

1. Corporation constituted. 

2. Power to hold property. 

3. First meeting. 



Section 

4. Takes effect on passage; 
repeal. 



subject to 



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

vSection 1. James H. Gallagher, Williard A. Abbott, Charles L. 
Sweeney, William A. Saunders, George W. Griffin, Anton Eppich 
and Frank Sc'hemanski, their associate members of said tribe and 
their successors, be and hereby are made a body politic and cor- 
porate by the name of Titigaw Tribe No. 38, Improved Order of 
Red Men of Enfield New Hampshire for fraternal, social and char- 



1909" 



Chapter 258. 



643 



Power to hold 
property. 



itable purposes. 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 Great Council of the order, 
not inconsistent with the constitution and laws of the State of 
New Hampshire. 

Sect. 2. Said corporation may purchase, take and hold by deed, 
gift, bequest, devise or otherwise, real and personal estate for the 
purpose or purposes of the corporation to an amount not exceeding 
five thousand dollars, and may improve, sell and convey, or other- 
wise dispose of the same at pleasure. 

iSect. 3. James H. Grallagher, or any three of the persons herein First meeting 
named, may call the first meeting of the corporation at such time 
and place and in such manner as he, or they, may think proper. 

iSect. 4. This act shall take effect upon its passage, and the 
legislature may alter, amend, or repeal the same whenever the pub- 
lic good may require. 

[Approved March 11, 1909.] 



Takes eflEect 
on passage ; 
subject to 
repeal. 



OHAPTER 258. 



AN ACT TO REPEAL SECTIONS 1 AND 2 OF CHAPTER 317, SESSION LAWS 
OP 1903, RELATING TO SCHOOL DISTRICTS IN V^^ILMOT AND NEW 
LONDON. 



Section 

1. Prior enactment repealed. 



Section 

2. Takes effect on passage. 



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



Section 1. That sections 1 and 2 of chapter 317 of session Laws Prior enact- 
of 1903, relating to severing certain residences from the school dis- '°*"^' '^^^^^ ^ 
trict of the town of Wilmot and annexing the same to the school 
district of the town of New London is hereby repealed. 

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

on passage. 

[Approved March 11, 1909.] 



644 



Chapter 259. 
OH AFTER 259. 



1909" 



AN ACT TO AUTHORIZE THE TOWN OF RICHMOND TO OWN AND MAINTAIN 
A LOCAL TELEPHONE LINE AND EXCHANGE. 



Prior action 
ratified: 
authority 
granted. 



Extension of 
line;. 



Rates and 
charges. 



Management. 



Takes effect 
on passage. 



Section 

1. Prior action ratified: authority 

granted. 

2. Extension of lines. 



Section 

3. Rates and charges. 

4. Management of system. 

5. Takes effect on passage. 



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

Section 1. The action of the town of Richmond in building in- 
stalling and operating a telephone line and exchange with the 
appurtenances within said town, for the public accommodation, is 
hereby ratified, confirmed and made of the same effect as if the 
town had been duly authorized and empowered to take such action 
prior thereto ; and said town is hereby authorized and empowered to 
maintain said line, exchange and appurtenances and from time to 
time to extend the same within the limits of said town as the public- 
good may require ; and the said town may grant and vote such 
sums of money as thev shall judge necessary for the same. 

Sect. 2. The said town may extend its line or lines into an 
adjoining town or towns so far as it may be necessary to make 
connections with other telephone lines, provided it can make satis- 
factory arrangements for so doing. 

Sect. 3. Said town may make and fix reasonable rates and 
charges for the use of telephones on such system and for the per- 
sons using such service, and may make and fix rates for toll charges 
under joint arrangement with lines with which its lines may con- 
nect, and may maintain public pay stations in connection with such 
system for the convenience of the public. 

Sect. -1. The selectmen of the town shall have charge of the 
construction, maintenance and operation of said telephone system 
imless the town shall vote to place the same in the charge of some 
special committee or agent. 

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

[Approved March 11, 1909.] 



1909] 



Chapter 260. 
CHAPTER 260. 



645 



AN ACT TO INCORPORATE THE NORTH SANDWICH CEMETERY ASSOCIATION 
IN THE TOWN OF SANDWICH, NEW HAMPSHIRE. 



Section 

1. Corporation constituted. 

2. Purposes. 

3. May hold trust funds. 

4. Right to hold land. 



Section 

5. Lot-owners members of association. 

6. First meeting. 

7. Act subject to repeal. 

8. Takes effect on passage. 



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



Corporation 
constituted. 



May hold 
trust funds. 



Section 1. That Lorenzo D. Bean. John G-. Atwood, Stanley F. 
Quimby. Charles R. Fellows. Owen L. Grilman. John X. Peaslee. 
Loveland E. Hinds, Samnel Peaslee and Lizzie L. Quimby, of Sand- 
wich, and their associates and successors, are hereby made a body 
politic and corporate by the name of the North Sandwich Cemetery 
Association, and shall have and ©njoy 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 purpose Purposes, 
of providing and maintaining suitable grounds and other con- 
veniences for the burial of the dead and shall have the control and 
care of the cemetery located in Xorth Sandwich village joining land 
of John G. Atwood and Edgar Perkins and Imown as the North 
Sandwich cemetery, in so far as is consistent with the rights of 
owners of lots therein. 

'Sect. 3. iSaid corporation is empowered to receive bequests, 
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 according 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 and Right to hold 
hold by purchase or otherwise such additional land as may be neces- 
sary to the proper maintenance and care of said North Sandwich 
cemetery. 

Sect. 5. Any owner of a lot in said North Sandwich cemetery 
at the time of the passage of this act, or any person having relatives 
buried therein, or any person who shall become an owTier 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. 



Lot-owners 
are members 



646 



Chapter 261. 



[1909 



First meeting. 



Subject to 
repeal. 



Takes effect 
on passage. 



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 subsequent 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 upon its passage. 

[Approved March 11, 1909.] 



CHAPTER 261. 



AN ACT IN AMENDMENT OF CHAPTER 259, OF THE LAV^S OF 1907, 
EXEMPTING FROM TAXATION THE PROPERTY OF THE LACONIA HOSPI- 
TAL ASSOCIATION. 



Property 
exempted. 



Takes effect 
on passage. 



Section 

1. Property exempted. 



Section 

2. Takes effect on passage. 



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

iSection 1. Amend chapter 259 of the Laws of 1907 by adding 
the following new section and by renumbering section 4 of said 
chapter section 5. Sect. 4. The Laconia Hospital Association, be- 
ing in the nature of a charitable institution, its property shall be 
exempted from taxation. 

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

[Approved March 11, 1909.] 



1909] Chapters 262, 263. 647 

CHAPTER 262. 

AN ACT TO AUTHORIZE THE CITY OF NASHUA TO APPROPRIATE MONEY 
IN AID OF AND SUPPORT OF A HOSPITAL. 

Section i Section 

1. Authority granted. I 2. Takes effect on passage. 

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

Section 1. The city of Nashua is hereby authorized to appro- Authority 
priate a sum of money, not to exceed twenty-five hundred dollars ^^^^ 
annually, to aid in the support of St. Joseph Hospital, in said 
Nashua, to furnish hospital treatment to indigent sick persons living 
in said city and persons meeting with accidents and requiring treat- 
ment in a hospital, in said city and to aid indigent and worthy 
persons in said city who may be obliged to call for surgical treat- 
ment and who may be in need of a proper and convenient place to 
obtain the same. 

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

on passage. 

[Approved March 11, 1909.] 



CHAPTER 263. 

AN ACT TO AUTHORIZE THE WENTV^ORTH HOME FOR THE AGED OF DOVER 
TO INCREASE ITS HOLDINGS OF REAL ESTATE AND PERSONAL PROP- 
ERTY. 

Section i Section 

1. Authority granted. I 2. Takes effect on passage. 

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

Section 1. The Wentworth Home for the Aged of Dover, a body Authority 
corporate, is hereby authorized to hold by gift, grant, bequest, pur- ^"^^^ 
chase or otherwise real estate and personal property to the amount 
of three hundred thousand dollars. 

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

•^ '■ '^ on passage. 

[Approved March 11, 1909.] 



648 



Chapters 264, 265. 
OHAPTER 264. 



• [1909 



Property 
exempted. 



Takes effect 
on passage. 



AN ACT TO EXEMPT THAT PORTION OP THE ESTATE OF JOHN H. PEARSON^ 
WHICH IS HELD BY THE TRUSTEES UNDER HIS WILL FOR THE BENEFIT 
OF THE POOR AND DESTITUTE IN THE STATE OF NEW HAMPSHIRE AND 
FOR CHARITABLE AND EDUCATIONAL PURPOSES THEREIN, FROM 
TAXATION. 



Section 

1. Property exempted. 



Section 

2. Takes effect on passage. 



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

Section 1. That that portion of the estate of John H. Pearson 
which is held by the trustees under his will for the benefit of the 
poor and destitute in the State of New Hampshire and for charita- 
ble and educational purposes therein is hereby exempted from taxa- 
tion. Nothing herein shall be construed to exempt from taxation- 
railroads, savings banks, or other corporations in which the funds- 
of said estate are now or may hereafter be invested or deposited, or 
to affect the distribution of taxes levied upon said corporations. 

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

[Approved March 11, 1909.] 



CHAPTER 265. 



Corporation 
constituted. 



an act to incorporate the manchester masonic buildingt 

association. 



Section 


Section 




1. Corporation constituted. 


6. 


By-laws. 




2. Purposes. 


7. 


First meeting. 




3. Capital stock. 


8. 


Subject to repeal. 




4. Issue of bonds. 


9. 


Takes effect on passage; 


no charter 


5. Management. 




fee. 





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

Section 1. That J. Brodie Smith, George H. Chandler, "Walter 
M. Parker, Charles C. Hayes, Harvey L. Currier, Walter G. Africa, 
William G. Garmon, Halbert N. Bond, Thomas W. Lane, James A. 
Rogers, their associates, successors, and assigns, be and are hereby 
made a body corporate by the name of Manchester Masonic Build- 
ing As.sociation, and by that name may sue and be sued, prosecute and 



1909] Chapter 265. 649 

defend to final judgment and execution, and shall be and are hereby 
vested with all the rights and privileges, and subject to all liabilities 
incident to eorporations of a similar nature. 

Sect. 2. The said corporation is hereby empowered to purchase, Purposes, 
erect, maintain, and manage a building in Manchester, in the county 
of Hillsborough, and for that purpose may purchase, have, and hold 
such real and personal estate as may be deemed necessary for the 
purposes of said corporation, to an amount not exceeding the sum 
of four hundred thousand dollars, and the same may sell, alienate, 
and dispose of at pleasure. 

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

.Sect. 4. Said corporation may issue its bonds, secured by a mort- Bonds. 
gage of its real estate, to one or more triLstees for the benefit of the 
holders of said bonds, to an amount not exceeding two hundred 
thousand dollars, at such rate of interest, payable at such times and 
upon such conditions and limitations, as may be determined by the 
corporation. 

iSect. 5. The control and management of the affairs of the cor- Management, 
poration shall be vested in a board of directors, of not less than 
seven, nor more than ten, to be chosen by the stockholders at the 
annual meetings, who shall hold office till others are chosen in 
their places. Said board of directors shall elect a president, clerk, 
and a treasurer, who shall give such bond as they shall determine, 
and such other officers and agents as may be found necessary, and 
fix their duties and compensation. 

Sect. 6. 'Said corporation may from time to time make and Bylaws, 
establish all necessary by-laws, rules, and regulations for its gov- 
ernment and for the management of the business thereof, not in- 
consistent with this act and the laws of this state, and change the 
same at its pleasure. 

Sect. 7. J. Brodie iSmith, George H. Chandler, and Walter M. First meeting. 
Parker, or any two of them, may call the first meeting of the 
corporation by giving each of their associates named herein notice 
in writing by mail of the meeting at least six days prior thereto. 

'Sect. 8. Any future legislature may alter, amend, or repeal Subject to 
this act when it is made to appear that the public good requires it. ^^^'^'^ ' 
Sect. 9. This act shall take effect on and after its passage, and Takes effect 

on passage. 

shall be exempt from the provisions section 5 of chapter 14 of the 
Public Statutes. 

[Approved March 11, 1909.] 



650 



Chapter 266. 



[1909 



CHAPTER 266. 

AN ACT IN AMENDMENT OF CHAPTER 207, LAWS OF 1907, IN RELATION 
TO THE ASSESSORS OF TAXES IN THE CITY OF PORTSMOUTH. 



Board of 

assessors. 



Election and 
tenure of 



office. 



Organization 
and compen- 
sation. 



Offices. 



Section' 

1. Board of assessors provided. 

2. Election and tenure of office. 

3. Organization and compensation. 

4. City to provide offices. 

5. Business hours of board. 



Section 

6. Disqualification by interest. 

7. Clerical expense, etc. 

8. Repealing clause; act takes effect 

on passage. 



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

.Section 1. There shall be in said city a board of assessors of 
taxes who shall have all the powers and perform all the duties 
given to or imposed on assessors by the law of the state. 

Sect. 2. Said board shall consist of three members who shall 
be elected by the people each year at the annual, municipal elec- 
tion in December, beginning with the year, 1909, and shall hold 
office each for the term of three years from the first day of Janu- 
ary following said election, and until their respective successors 
are chosen and qualified. If a vacancy occurs the city council shall 
fill it for the residue of the term, and the city council may remove 
any member of said board at any time for cause, after due hear- 
ing, or when the public good may require it, and the vacancy thus 
created shall be filled in the manner hereinbefore provided in case 
of vacancy. The present board of assessors shall continue in office 
as follows, subject to the terms of this act: John H. Yarwood, 
three years from January 1, 1909 ; Albert R. Jenkins, two years 
from January 1, 1909 ; Willis E. Underhill, one year from Janu- 
ary 1, 1909. 

■Sect. 3. Said board shall organize by choosing one member 
thereof chairman and one member thereof clerk. The assessors 
shall each receive six hundred dollars per annum in full for all 
their services. The clerk of the board shall receive not exceeding 
nine hundred dollars per annum in full for all services, and shall 
devote his whole time to the performance of tlie duties of his 
office. The clerk shall devote not less than six hours per day to 
the business of the board, Sundays and holidays excepted. Rea- 
sonable leaves of absence may be allowed by the board. 

iSect. 4. Said board shall be entitled to a separate room for its 
exclusive use. If there be no suitable space available in the city 
building, the city council shall provide a suitable office elsewhere, 
with heat, light, telephone and necessary furniture. Said board 
shall be the judge of suitability, but shall not involve the city in 
unreasonable expense. 



1909] Chapter 267. 651 

iSect. 5. The office of said board shall be open on all regular Business 
business days and in business hours. The clerk shall be in attend- 
ance at such times and place, and at least one other member of 
the board shall be in attendance during business hours for at least 
half of the year. Said board shall hold meetings for the transac- 
tion of business at least three times a week during the entire year, 
which meetings shall be held at the office provided for that pur- 
pose and in business hours, and shall hold as many additional 
meetings in the daytime or evening as may be necessary to give 
all taxpayers an opportunity to be conveniently heard. 

Sect. 6. No member of the board of assessors shall have a Disquaiifica- 
voice or a vote in the appraisal for purposes of taxation of any 
property in which he is interested either as owner, agent, attorney, 
stockholder, or employee. Violation of this rule shall constitute 
cause for removal from office by the city council after due hearing 
and reasonable proof. 

'Sect. 7. The city council shall make such appropriation as Clerical ex- 
shall seem to them just and necessary for the employment of ^™ ' 
clerical assistance and for such other expenses as may be neces- 
sarily incurred by said board of assessors for the prompt and effi- 
cient discharge of the duties of their office. 

;Sect. 8. All acts and parts of acts inconsistent with this act Repealing 
are hereby repealed, and this act shall take effect upon its passage, takes effect 

on passage. 

[Approved March 11, 1909.] 



CHAPTER 267. 

AN ACT TO AUTHORIZE THE DOVER CHILDREN'S HOME TO INCREASE ITS 
HOLDINGS OP REAL ESTATE AND PERSONAL PROPERTY. 

Section I Section 

1. Authority granted. 2. Takes effect on passage. 

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

Section 1. The Dover Children's Home, a body corporate, is Authority 
hereby authorized to hold by gift, grant, bequest, purchase or ^'^''°*^ ' 
otherwise real estate and personal property to the amount of two 
hundred thousand dollars. 

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

^ -^ ° on passage. 

[Approved March 11, 1909.] 



652 



Chapter 268. 



[1909 



CHAPTER 268. 



Charter 
amended. 



Takes effect 
on passage. 



AN ACT IN AMENDMENT OF SECTION 2 OF CHAPTER 51 [101] OF THE 
LAWS OF 1873, ENTITLED '^AN ACT TO INCORPORATE THE ROCHESTER 
GAS LIGHT company/' RELATING TO ITS CAPITAL STOCK AND POWERS. 



Section 

1. Charter amended. 



Sectiox 

2. Takes effect on passage. 



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

Section 1. Amend the fifth line of said section after the word 
"Rochester" by adding the following: and for heating, cooking 
and for power in said town of Rochester and by striking out the 
word "forty" in the ninth line of said section and inserting in 
the place thereof the words one hundred so that said section as 
amended shall read as follows: Sect. 2. The said corporation is 
authorized to hold all such real and personal estate as may be 
necessary and proper to enable them to carry on the manufacture, 
distribution and sale of gas for the purpose of lighting the streets, 
stores, shops and other buildings in the town of Rochester, and 
for heating, cooking and for power in said town of Rochester, and 
to erect such buildings and to construct such furnaces, purifiers, 
reservoirs, gas holders and other appliances as may be necessary 
and proper for said purposes provided the whole amount of the 
capital stock of said company shall not exceed one hundred thou- 
sand dollars. Said stock shall be divided into shares of not more 
than one hundred dollars each. 

Sect. 2. This act shall take effect from its pa.ssage. 

[Approved March 11, 1909.] 



1909] 



Chapteb 269. 



653 



CHAPTER 269. 



•RENEWAL AND AMENDMENT OF AN ACT ENTITLED ' AN ACT TO IN- 
CORPORATE THE HAMPSTEAD & HAVERHILL STREET RAILWAY COM- 
PANY. ' ' 



Section' 

1. Corporation constituted; purposes. 

2. Capital stock. 

3. How laid out in highways. 

4. How laid out elsewhere. 

5. Location of tracks. 

6. Selectmen may make certain regu- 

lations. 

7. Rights reserved to town. 



Skction 

8. Company to repair highways. 

9. Subject to general law. 

10. Bonds not to be sold at less than 

par. 

11. Restrictions on sale of bonds, etc. 

12. First meeting. 

13. Takes effect on passage: void as to 

parts not built within two years. 



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

Section 1. That Isaac Randall, ]\rvron E. Emerson, Arthur M. Corporation 

. constituted; 

Emerson. G-eorge R. Bennette, Frank W. Emer.son. Daniel Emer- purposes. 
son, Ethelbert B. Woodard and John S. iCor.son of Hampstead. X. 
H., G-eorge A. Sawyer, Eugene E. Sawyer. Herbert X. Sawyer. 
George P. Dow, Herman Xoyes of Atkinson. X. H. Edson E. 
Peaslee and John W. 'Sleeper of Plaistow. X. H., their associates, 
successors and assigns, are hereby made a corporation by the name 
of Hampstead & Haverhill Street Railway Company, with power 
to construct, maintain and operate a railway with convenient 
branches, connections, sidings, poles, wires, turnouts and switches. 
beginning at some convenient point in Derry. X. H. on the line 
of the Chester & Derry Electric Railway, between the dwelling- 
house of the late H. P. Hood and Main Street in said Derry; 
thence southerly through the town of Derry ; thence in and through 
the town of Hampstead, pas.sing between Wash pond and Island 
pond; thence in and through the town of Atkin.son to some con- 
venient point at the town line near Atkinson depot; and thence in 
and through the town of Plaistow, to some convenient point on the 
state line, and near the stone post marking the boundary line be- 
tween the state of ^Massachusetts and Xew Hampshire, and follow- 
ing the most direct and feasible course between the said termini, 
and in said towns and street railway may be constructed upon and 
over such highways and lands as may be necessary ; and may also 
construct and maintain suitable buildings, water and other motors, 
engines electric and other machinery for the generation of elec- 
tricity or other motive power except steam, for the operation of 
said railwav. 



654 



Chapter 269. 



1909 



Capital stock. 



How laid out 
in highways. 



How laid out 
elsewhere. 



Sect. 2. The capital stock of said corporation shall not exceed 
seventy-five thousand ($75,000) dollars, and shall be divided into 
shares of a par value of one hundred dollars each, but said com- 
pany may issue capital stock and bonds to such an amount only 
as may be necessary to construct and equip said railway, includ- 
ing the amount required to provide motive power for the operation 
thereof; 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 issued from time, shall be 
determined and issued in accordance with the provisions of the 
general laws. 

Sect. 3. All parts of said railway occupying any portion of a 
public highway or street shall be located thereon by the selectmen 
of the towns in which said portions of highways or streets may be. 
The selectmen of the respective towns, upon petition of the di- 
rectors of said railway for a location of its tracks over or on any 
public highway upon the line of said route, shall give notice by 
publication to all parties interested, of the time and place at which 
they will consider said petition for location in the public highways 
of said respective towns, and after a public hearing of all persons 
interested, they may make an order granting the same or any por- 
tion thereof, under such restrictions and upon such conditions as 
they may deem the interests of the public require ; and the location 
thus granted shall be deemed to be the true location of the tracks 
of said railway. But upon the petition of any party interested, 
and after a public hearing of all parties, the same may be changed 
at any time to other parts of the same highway or street by subse- 
quent order of said selectmen, or their successors in office, if in 
their judgment the public good requires such change ; but if such 
order is made after the construction of said railway on the original 
location, an appeal therefrom by any party interested may be had 
to the board of railroad commissioners, whose decision shall be 
final ; and the expense of making such changes of location shall be 
apportioned by the board of railroad commissioners between the 
railway and the town, as such boaxd may deem just. The selectmen 
of the town shall assess damages to abutters, subject to the right 
of appeal, in the same manner as now provided b}- law in the lay- 
ing out of highways. 

Sect. 4. All parts of said railway not located in a public high- 
way shall be laid out, located, and the location changed under the 
provisions of chapter 158 of the Public Statutes; and said railway 
corporation, and all persons whose property shall be taken for its 
use, shall have respectively all the rights and privileges and be 
subject to all the duties, restrictions, and liabilities contained in said 
chapter. 



1909] Chapter 269. 655 

(Sect. 5. The selectmen of the towiis through which said railway Location of 
shall pass, shall, within their respective towns, have exclusive and 
final jurisdiction to locate the tracks, side tracks, turnouts, and 
poles for said railway, and may order said railway to discontinue 
temporarily the use of any of its tracks in any highway, whenever 
they deem that the convenience and safety of the public require 
such discontinuance, without incurring any liability therefor. 

Sect. 6. The selectmen of the respective towns through which selectmen may 
said railway shall pass, may designate the quality and kind of regulations. 
material to be used in the construction of said railway within their 
town, and may from time to time make such reasonable orders, 
rules, and regulations with reference to that portion of said railway 
occupying the public highways in their town, as to the rate of 
speed, the manner of operating said railway, the re-construction of 
tracte, poles, wires, switches, and turnouts within an}- highway in 
their town. 

iSect. 7. Said town, for any lawful purpose, may take up and Rights re- 
repair highways occupied by said railway, or may alter highways town. 
as authorized by law, without incurring any liability therefor to 
said corporation. 

Sect. 8. Said railway corporation shall keep in repair, to the Company to 
satisfaction of the superintendent of streets, street commissioner, in repair. 
road commissioner, or surveyor of highways, in the town, subject 
to an appeal to the selectmen, the surface material of the portion 
of highways and bridges occupied by its tracks, and shall keep in 
suitable repair for public travel the highway for at least eighteen 
inches on each side of the portion of the highway so occupied by 
its tracks, and shall be liable for any damage, loss, or injury that 
any person not in its employ may sustain by reason of the careless- 
ness, negligence, or misconduct of their agents and servants in the 
construction, management, or use of its tracks. 

Sect. 9. Said railway eorporation shall be subject to all the Subject to 
provisions of the general laws, except as modified by the provisions 
herein. 

Sect. 10. Xo bonds, coupon notes or other evidences of indebted- Bonds not to 
ness, payable at periods of more than twelve months from the date tiianpar. 
thereof, shall be sold or disposed of by said company for a less 
sum to be paid to said company in cash than the face value thereof. 

ISect. 11. All bonds, coupon notes and other evidences of in- Restrictions 

1 n 1 • T -.on sale of 

debtedness at any time issued by said company shall be issued and bonds, etc. 
sold to hona fide purchasers in such manner and subject to such 
restrictions as the board of railroad commissioners may prescribe, 
and said company shall not apply any part of the proceeds of said 
bonds for the original construction or equipment of its plant except 
in accordance with the approval of the railroad commissioners. 



656 



Chapters 270, 271. 



[1909 



First meeting 



Takes efifect 
on passage; 
void as to 
parts not built 
within two 
years. 



Sect. 12. Any three of the grantees may call the first meeting 
by publication, or by giving personal notice to the other grantees, 
at least ten days prior to the time of meeting. 

Sect. 13. This act shall take effect on its passage, but shall be 
void and inoperative as to all parts of said railway not constructed 
and ready for operation within two years from its passage. 

[Approved March 11, 1909.] 



OHAJ^TER 270. 



Increase of 
stock. 



Takes effect 
on passage. 



AN ACT IN AMENDMENT OF THE CHARTER OF THE COOS AND ESSEX 
AGRICULTURAL SOCIETY, OF LANCASTER, N. H. 



Section 

1. May increase capital stock. 



Section' 

2. Takes effect on passage. 



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

■Section 1. The Coos and Essex Agricultural Society is hereby 
authorized and empowered to increase from time to time its capital 
stock, being now one thousand dollars, to an amount not exceeding 
twentyjfive hundred dollars, such part of said increase as may be 
necessary, to be used in conjunction with a portion of its surplus, 
for the purpose of purchasing the fair grounds in Lancaster, New 
Hampshire. 

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

[Approved March 17, 1909.] 



CHAPTER 271. 



Property 
exempted. 



AN ACT TO EXEMPT FROM TAXATION THE PROPERTY KNOWN AS THE 
EMILY BALCH COTTAGE HOSPITAL, IN PLYMOUTH. 



Section 

1. Property exempted. 



Section 

2. Takes effect on passage. 



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

^Section 1. The real and personal property of the Emily Balch 
Cottage Hospital Association, located in Plymouth, being a charita- 
ble institution, together with any additioiis or improvements thereto, 



1909] 



Chapters 272, 273. 



657 



so long as the same may be used for charitable hospital purposes, is 
hereby exempted from taxation. 

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

[Approved March 17, 1909.] 



Takes effect 
on passage. 



CHAPTER 272. 



AN ACT CONFIRMING AND LEGALIZING THE ORGANIZATION AND ACTS 
OF THE NORTH SHORE WATER COMPANY. 



Section 

1. Organization, etc., ratified. 



Section 

2. Takes effect on passage. 



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

Section 1. All the rights, powers and franchise granted to the organization 
North Shore Water Company by its certificate of incorporation ^^*'^®'^- 
and extensions thereto, and all of its acts relating to and affecting 
its organization and subsequent action, are hereby ratified, con- 
firmed, and legalized. 

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

[Approved March 17, 1909.] 



Takes effect 
on passage. 



CHAPTER 273. 

AN ACT CREATING A BOARD OF TRUSTEES FOR A PUBLIC CEMETERY IN 

HUDSON. 



Section 

1. Board of trustees constituted ; how 

chosen. 

2. To lay out cemetery. 

3. To convey burial lots, etc. 

4. To pay moneys to town treasury. 

5. May hold property in trust. 

6. Investment of trust funds. 



Section 

7. Liability of town. 

8. Annual report of trustees. 

9. Name of cemetery. 

10. Act void unless accepted. 

11. Takes effect on passage; repealing 

clause. 



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



Section 1. Dr. Alfred K. Hills, Kimball Webster, Walter H. Board of 
Marsh, J. H. LeGralle, Pearl H. Thomas, Charles W. Spalding, constituted; 
Franklin A. Hill and Justin E. Hill are hereby appointed and °^'' °^^^' 



65S Chapter 273. ' [1909 

constituted a board of trustees, who shall have the sole care, super- 
intendence and management of the property, expenditures, busi- 
ness, prudential affairs, and sale of lots in the cemetery located 
between Derry road and Derry lane in Hudson, together with 
any and all additions thereto ; the term of otHce of two members of 
which board shall expire each year; and two members shall be 
elected by ballot, annually, in the month of June by the chairman 
of the board of selectmen of said town in convention with said 
board of trustees, by major vote, to hold their office for four years, 
retiring trustees having no vote therein, the first of which elections 
shall take place in June, 1910, and the term for which the members 
herein appointed shall hold their office shall be determined by lot, 
two to hold their office for four years, two for three years, two 
for two years, and two for one year, from June 1909. The chair- 
man of the board of selectmen of said town shall be ex, officio a 
member of said board; said trustees shall receive no compensation 
for their services as such ; no person shall be eligible as such trastee 
who is not a taxpayer in said town and a lot owner in said ceme- 
tery. Said board shall meet annually on the first Monday in June 
for organization, and shall elect a chairman and secretary from 
their own number, and four members shall constitute a quorum 
for the exercise of the powers and the performance of the duties 
of said board, but a less number may adjourn from day to day. 
Any vacancy occurring in said board by death, removal resignation 
or otherwise, shall be filled by the chairman of the board of select- 
men, in convention with said board of trustees for the remainder of 
the term. 
To lay out Sect. 2. The said board of trustees shall set apart and lay out 

a portion of said cemetery, not exceeding one-tenth of its area, as 
a public burial place for the use of the inhabitants of said town, 
free of any charge (tiherefor, and ifhey shall lay out the balance 
of said cemetery in suitable lots or other su!b-divisions, for family 
or other burying places, with all necessary paths, avenues and 
drives, and may plant and embellish the same with trees, shrubs, 
flowers and other rural ornaments, and may enclose the same with 
proper and suitable fences or hedges and erect or annex thereto 
such suitable edifices, appendages and conveniences as the}' from 
time to time deem expedient ; and said board shall have the same 
power and authority as cities and towns, now or hereafter may have, 
in such premises, to acquire by purchase or otherwise, land adjoin- 
ing said cemetery ito be used in connection therewith for the same 
purposes ; and said board may make all necessary by-laws, rules and 
regulations in the execution of their trusts not inconsistent with 
this act or the laws of this state, as they shall deem expedient ; and 
said board of trustees shall hold said property and estate for the 



cemetery. 



1909] Chapter 273. 659 

same purposes, and charged with the same duties and liabilities 
for and subject io which the same are now held by the said town of 
Hudson; and all rights of ownership of lots which any perso-n or 
persons have acquired in said cemetery shall remain to the same 
extent as if this act had not been passed. 

'Sect. 3. The said board shall have the authoritv to grant and To convey 
convey to any person or persons, by deeds, duly executed, the sole 
and exclusive right of burial, and of erecting tombs, cenotaphs, 
tablets and other monuments, in any of the designated lots or sub- 
divisions of said cemetery, upon such terms and conditions as they 
by their rules and regulations shall prescribe. 

Sect. 4. The proceeds of sale of lots or rights of burial, appro- Disposition 
priations by the said town of Hudson, or other moneys — except as 
hereafter provided — received for said cemetery, shall be paid into 
the town treasury, to be kept separate from any other funds of the 
town and subject to the order of said trustees, and shall be devoted 
to the care, improvement, embellishment and enlargement of said 
cemetery under the direction of said trustees. 

'Sect. 5. The said board of trustees are authorized to take and May hold 
hold any grant, donation or bequest of property, upon trust, to trust. 
apply the same, or the income thereof, for the improvement or em- 
bellishment of said cemetery or for the erection, repair, preserva- 
tion or renewal of any monument or other erection, or for the plant- 
ing and cultivation of trees, shrubs or plants in or around any lot 
or for improving the said premises in any other manner or form 
consistent with the purposes for which said cemetery is established, 
according to the terms of such grant, donation or bequest; and 
whenever any such grant, donation or bequest, or any deposit shall 
be made by the o\^^ler of any lot in said cemetery, for the annual 
repair, preservation or embellishment of such lot and the erection 
thereon, the said trustees may give to such owner or his or her 
representative, an agreement or obligation, in such form and upon 
such terms and conditions as they may establish, binding themselves 
and their successors to preserve and keep in repair said lot forever, 
or for such period as may be agreed on ; and any legacy, bequest, 
donation, grant or deposit heretofore made to said town for like 
purpose in said cemetery, and now in force shall be placed under 
the control of said board of trustees. 

Sect. 6. Any sums of money so received b}^ said trustees shall be investment of 
invested hy the town treasurer of Hudson under the direction of 
said trustees, in savings banks or in any securities in wiiich savings 
banks are authorized to invest, or loaned to the town, and all such 
property received under the provisions of the foregoing section — 
unless other provision is made by the terms of any such grant, 
donation or bequest — shall be invested under the charge of said 



660 



Chx\pter 274. 



[1909 



Liability of 
town. 



Annual report. 



Name of 
cemetery. 

Act void un- 
less accepted. 

Takes effect 
on passage; 
repealing 
clause. 



town treasurer, but shall always remain separate from and inde- 
pendent of any other moneys belonging to the said town of Hudson 
and free from all control of the selectmen ; and the income of such 
fund or funds shall be received by said treasurer, subject to the 
order of said trustees and shall be appropriated by them in such 
manner as shall, in their opinion, best promote the purposes for 
w^hioh said grants, donations, bequests or deposits are made. 

iSECT. 7. The town of 'Hudson shall be responsible for the good 
faith of said trustees, and the treasurer of said towTi, in the execu- 
tion of any trust which they may assume pursviant to the foregoing 
provisions ; b^^t said trustees shall not be liable to make any renewal 
or reconstruct any monument, or other erection, on any lot, in said 
cemetery, unless such liability shall be expressed in the agreement 
given them as aforesaid, or in the terms and conditions under 
which they accept any grant, donation or beciuest. 

'Sect. 8. Said board of trustees shall annually in the month of 
December, make a detailed report in writing to the selectmen of 
their acts and proceedings, and of the condition of the cemetery, 
and an account of the receipts and expenditures of the same and 
funds subject to their order. 

Sect. 9. The said cemetery shall hereafter be called and known 
as The Hills' Farms 'Cemetery. 

Sect. 10. This act and the provisions thereof shall be void unless 
the said town of Hudson shall accept the same. 

iSect. 11. This act shall take efiect upon its passage, and all 
acts and parts of acts inconsistent therewith are hereby repealed. 

[Approved March 17, 1909.] 



CHAPTER 274. 



AN ACT ANNEXING CERTAIN ISLANDS IN LAKE WINNIPESAUKEE TO THE 
TOWN OF MOULTONBOROUGH. 



Certain islands 
annexed. 



Section 

1. Certain islands annexed. 

2. Ratification not required. 



Section 

3. Takes effect on passage. 



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

Section 1. That the small islands known as Crescent island and 
Ozone island, so called, situate in Lake Winnipesaukee. and north- 
westerly of Long island, Ozone island being next to said Long 
island, and Crescent island a few rods northwest of Ozone island,. 



1909] Chapter 275. 661 

both adjacent, to the lake shore of 'Moult onboroiigh, be and hereby 
are annexed to the town of ^Monltonboroiig-h, in the county of 
Carroll. 

'Sect. 2. That the provisions of ohapter 99, Laws of 1903, are Ratification 
hereby repealed or suspended so far as the same may apply to this 
act. 

Sect. 3. This act shall take efit'ect upon its passage. Takes effect 

on passage. 

[Approved March 18, 1909.] 



OHAPTER 275. 

AN ACT AUTHORIZING THE TOWN OF WOLPEBORO TO CONSTRUCT PUBLIC 
WHARVES ON WINNIPESAUKEE LAKE AND TO LAY OUT HIGHWAYS TO 
THE SAME. 

Section I S'ection 



1. Authority granted. 

2. Procedure. 



3. Takes effect on passage. 



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

Section 1. The town of Wolfeiboro is herebv authorized and Authority 

. . r< • ^ ^ ^^ ^ S^'anted. 

empowered, upon petition to tJie selectmen of said town to build 
and maintain a public wharf or wharves upon Winnipesaukee lake, 
and to lay out a highway or highways to the same from other high- 
ways whenever the accommodation of the public may require, and 
to appropriate money for the construction and maintenance of the 
same. 

'Sect. 2. Upon any such petition the same proceedings shall be Procedure. 
had and all parties interested therein sihall have the same rights 
and remedies as in the laying out of highways. 

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

on passaere. 

[Approved March 18, 1909.] 



23 



662 



Chapter 276. 



1909 



OHAPTE^R 276. 

AN ACT AUTHORIZING THE KEENE GAS AND ELECTRIC COMPANY TO IN- 
CREASE ITS CAPITAL STOCK AND FOR OTHER PURPOSES. 



Increase of 
capital stock. 



Preferred 
stock, how 
issued. 



Section 

1. Increase of stock authorized. 

2. Preferred stock, how issued. 

3. Business of company. 

4. Right of eminent domain. 

5. May purchase rights of other com- 

panies. 



Section 

6. Issuance of bonds and notes. 

7. Subject to general laws. 

8. Application for further special legis- 

lation to be advertised. 

9. Takes effect on passage. 



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

Section 1. The Keene Gas k Electric Company is hereby author- 
ized and empowered to increase its capital stock to an amount not 
exceeding five hundred thousand dollars. Such increase may be 
made from time to time by majority vote at any stockholders' meet- 
ing, the call for which shall give notice of such business ; and may 
also be made in the manner provided by any general laws relating 
to voluntary corporations which shall be in force at the time of such 
increase. New stock may be issued only for cash at not less than 
par, or for property, rights and franchises of the value of not less 
than the par value of stock so issued; and no such increase shall 
become effectual until a eopy of the votes or resolutions providing 
therefor, duly attested by the clerk of the corporation, shall have 
been filed in the office of the secretary of state and the office of the 
city clerk of Keene, and a certificate signed and sworn to by the 
treasurer and a majority of the directors of said company, in sub- 
stance that such new stock has been paid in as aforesaid, in cash or 
in property, rights and franchises, shall have been filed in the 
office of said city clerk. 

iSect. 2. Any portion of the capital stock may be issued upon 
such terms of preference as to dividends or upon liquidation as 
may be expressed in the votes or resolutions in pursuance of which 
the same may be issued, but no preferred stock shall be issued 
except upon terms that the same shall be subject in all respects 
to the fifty thousand dollars of four per cent, cumulative preferred 
stock now outstanding w^hich was issued to former holders of stock 
of the Citizens' Electric Company. The issue of the present out- 
standing stock, consisting of one hundred and fifty thousand dol- 
lars at par of preferred stock, so called, and said fifty thousand 
dollars at par of four per cent, cumulative preferred stock, so 
called, are hereby confirmed and approved; and the stockholders 
shall not be liable for the debts of said corporation after the record- 



1909] Chapter 276. 663 

ing in the office of the city clerk of Keene of a certificate, signed 
and sworn to by the treasurer and a majority of the directors, in 
substance that the value of the property, rights and franchises of 
said corporation, less its indebtedness, at least equals the par value 
of its outstanding stock. 

iSeot. i3. Said company is hereby authorized to engage in the Business of 
business of supplying gas and electricity for light, heat, and power '^''"^P^'^y- 
or other purposes thrcfiighout Cheshire county ; and also to deal in 
and install gas and electric appliances, supplies and apparatus. 

Sect. 4. Said company is hereby authorized to purchase from Right of emi- 
or sell to any other company or individual in the county of Cheshire ^'^^ omam. 
a supply of gas or electricity upon such terms as may be agreed; 
and, for the purpose of making such supply available, is authorized 
to acquire and hold private rights of way for its conduits and 
lines, and to apply for and secure locations for the same in public 
highways in the manner provided by law. In ease said company 
desires to construct its lines or conduits carrying a voltage in excess 
of twenty-five hundred volts upon or across the lands or property 
of any other person or persons or corporation, and this corporation 
can not agree with the owner or owners thereof, as to the necessity 
for and damage to be paid therefor, either party may proceed for 
the determination of the same 'by petition to the superior court for 
Cheshire county, and said superior court shall thereupon on due 
notice hear and determine the facts involved either by a commis- 
sion or in open court, and thereupon make such order and judgment 
in the premises as to the court may seem just and reasonable; 
and upon the payment or tender of the damages and costs ascer- 
tained and determined by such proceedings, this corporation may 
proceed and continue to erect and maintain lines for power trans- 
mission on such lands and property. But this corporation shall 
not have the right to erect or maintain lines for transmission of 
electricity along the right of way of any railroad, without its eon- 
sent, except as it may be reasonable necessary to cross suoh right of 
way, in which case, such lines of transmission shall cross directly 
over and shall be constructed at the point of suoh crossing in such 
a manner as to safelj^ and securely protect persons and the property 
of such railroad and any lines of telegraph and telephone along 
such right of way. 

iSect. 5. Said company is further authorized to purchase, hold May purchase 
and employ the property, rights and franchises of any other com- other^om- 
pany or individual, or the stocks, bonds or other securities of any paries, 
other corporation engaged in Cheshire county in supplying gas or 
electricity for public use ; and to pay for the same by issuing stock 
not exceeding at par the value of the property, rights, franchises or 
securities so purchased. The acquisition by said company of the 



664: 



Chapter 277 



[1909 



Issuance of 
bonds and 
notes. 



Subject to 
general laws. 



Further special 
legislation to 
be advertised. 



Takes effect 
on passage. 



property, rights and franchises of any other company or individual 
is hereby confirmed. 

Sect. 6. Said company is further empowered to issue its bonds 
or notes secured by mortgage upon its property, rights and fran- 
chises to an amount not exceeding in the aggregate the sum of 
five hundred thousand dollars, but no such bonds or notes secured 
by mortgage shall be issued except for the following purposes, to 
fund the present floating indebtedness of said company, to provide 
funds for the payment of outstanding bonds of said company, to 
pay, or to provide funds for the payment, for property, rights or 
franchises which said company may acquire in addition to its 
present plant, or for development of such property, or for new 
construction in enlargement or improvement of said present plant. 

'Sect. 7. Said company shall be subject and entitled to the bene- 
fit of all general statutes relating to persons or individuals engaged 
in the business of supplying gas and electricity to the public. 

Sect. 8. Said eompany shall not make application to any subse- 
quent legislature for the granting to it by special legislative act, of 
the power of eminent domain to take, improve, or develop water- 
powers in Oheshire county, without first advertising in some news- 
paper of general circulation in said county for three weeks suc- 
cessively its intention to make such application, and the exercise of 
any rights under this act by said company shall be taken as an 
agreement on the part of said company to the provisions of this 
section, in consideration of the rights and powers granted by this 
act. 

(Sect. 9. This act shall take effect upon its passage. 

[Approved :\Iarch 18, 1909.] 



OHAPTER 277. 



AN ACT TO ESTABLISH WATER-WORKS IN THE TOWN OF -WOODSTOCK. 



Water-works 
authorized. 



Section" 

1. Water-works authorized. 

2. Right of eminent domain. 

3. Contracts authorized. 

4. Board of water commissioners. 



Sectiox 

5. Management and control. 

6. Disposition of funds. 

7. Appropriations authorized. 

8. Takes effect on passage. 



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

Section 1. That the town of Woodstock in the county of Graf- 
ton is hereby authorized and empowered to construct, manage, 
maintain, and own suitable water-works, for the purpose of intro- 



1909] Chapter 277. 665 

ducing 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 talve, purchase, and hold, 
in fee simple or otherwise, any real or personal estate, and any rights 
therein, and water-rights, necessary for carrying into effect the pur- 
poses 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 pleas- 
ure, having due regard for the safety of its citizens and security of 
the public travel. 

(Sect. 2. Said to\m is authorized and empowered to enter upon. Right of emi- 
take and appropriate any streams, springs, or ponds in the town of 
Woodstock, 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, hold- 
ing, preserving, or conducting 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 Iby 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, appro- 
priated and condemned for the purposes 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 regula- 
tions as the court may prescribe. 

iSect. 3. iSaid town is authorized and empowered to contract with Contracts 
individuals 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 



666 



Chapter 277. 



[1909 



Board of 
water com- 
missioners. 



Management 
and control. 



person or corporation to furnish to said town water for the use of 
the town and for the purposes of this act. 

Sect. 4. The immediate management, control, and direction of 
all the water-works of said town shall be vested in a board 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 meeting duly called for the 
purpose ; and of the three so chosen at the first election, one shall 
be chosen and hold his ofifice until the annual meeting of the town 
for the year 1910, one until the annual meeting of the year 
1911, and the other until the annual meeting for the year 1912, and 
at each annual meeting of the town, beginning with the year 1910, 
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 quali- 
fied 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 superin- 
tendent of the works, and such other agents and servants as they 
may deem necessary, and may fix their compensation. They may 
make such rules and regulations for their own government, and in 
I'elation to all officers and agents appointed by them, as they may 
deem proper. Wihenever a vacancy occurs in said 'board, from any 
cause, the two remaining members of the board may fill such vacancy 
temporarily b}' 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 appointment. 

Sect. 5. Said commissioners shall have the control and manage- 
ment 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. 



1909] Chapter 278. 667 

Sect. 6. All moneys received in any way on account of said Disposition 
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 or notes 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 Avater commis- 
sioners before they are paid by the treasurer; and the town treas- 
urer shall keep his accounts relating to the water-works, including 
all bonds and notes of the town given for loans and moneys raised 
for said works, separately and distinctly ifrom all other receipts and 
payments. 

'Sect. 7. iSaid town is also authorized, at any annual or special Appropriations 
meeting, by a major vote of those present and voting, to raise and 
appropriate, and to borrow or hire, such sums of money on the 
credit of the tow^n 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 un- 
der contract aforesaid, and to issue notes or bonds of the toA\Ti there- 
for in such amount and payable at such times and at such rat-es 
of interest as may be thought proper. 

Sect. 8. This act shall take effect upon its passage. Takes effect 

on passage. 

[Approved March 23, 1909.] 



OHAPTEIR 278. 



AN ACT ENABLING THE TOWN OF LANDAFF TO TURN OVER CERTAIN 
MONEY TO THE TOWN SCHOOL DISTRICT FOR SCHOOL PURPOSES. 

Section I Section 

1. Authority granted. | 2. Takes effect on passage. 

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

Section 1. The town of Landaff is hereby authorized and em- Authority 
powered by vote of the town to turn over to the school district of ^'■^'^*^'^- 
the town of Landaff for the use of said school district a certain sum 
of money now held by said town and known as school fund No. 1 
and No. 2. 

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

on passage. 

[Approved March 23, 1909.] 



66S 



Chapters 279, 280. 



1909 



CHAPTER 279. 



Property 
exempted. 



Takes effect 
on passage. 



AN ACT TO EXEMPT FROM TAXATION THE PROPERTY OF THE LADIES 
UNION AID SOCIETY OF CLAREMONT, KNOWN AS CLAREMONT GENERAL 
HOSPITAL. 



Section 

1. Property exempted. 



Section 

2. Takes effect on passage. 



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

Section 1. The property of the Ladies' Union Aid Society of 
Ciaremont, known as Claremont General Hospital, shall be exempt 
from taxation so long as said property shall be used for hospital 
purposes. 

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

[Approved March 23, 1909.] 



CHAPTER 280. 

AN ACT AUTHORIZING THE TOWN OF AMHERST TO APPROPRIATE A SUM 
NOT EXCEEDING THREE HUNDRED DOLLARS TO CELEBRATE THE ONE 
HUNDRED AND FIFTIETH ANNIVERSARY OF THE INCORPORATION OF 
THE TOWN OF AMHERST. 



Appropriation 
authorized. 



Takes effect 
on passage; 
repealing 
clause. 



Section 

1. Appropriation authorized. 



Section 

2. Takes effect on passage; repealing 
clause. 



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

Section 1. The town of Amherst is hereby authorized to appro- 
priate a sum not exceeding three hundred dollars, for the purpose 
of celebrating the one hundred and fiftieth anniversary of the in- 
corporation of the town of Amherst. 

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

[Approved March 23, 1909.] 



1909] Chapter 281. 669 

CHAPTER 281. 

AN ACT TO AMEND CHAPTER 202 SESSION LAWS OF 1893, ENTITLED ''aN 
ACT IN RELATION TO THE CITY OF MANCHESTER, ESTABLISHING A 
BOARD OF POLICE COMMISSIONERS FOR SAID CITY." 



Section 

1. Police force, how constituted. 



Section 

2. Takes effect on passage; repealing 
clause. 



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

Section 1. That section 4 chapter 202 session Laws of 1803 be poHcb force, 
amended by substituting the word four for the word "two" and tuted. 
the words one ^hundred for the word ''fifty" so that said section 
shall read : Sect. 4. The police force of said city shall consist of 
a chief of police, deputy chief of police, captain of the night watch. 
four sergeants, and patrolmen not exceeding one hundred, who shall 
devote their whole time to the duties of their office, and special police 
not exceeding the number now authorized by law. all of whom shall 
be appointed by the police commissioners, and the tenure of office 
of the same shall be during good behavior and while competent to 
discharge the duty of the office. The police commissioners shall 
have the right to remove any member of the police force at any time 
for good and sufficient cause, and after a due hearing, and such 
cause shall be expressed in the order of removal. All police officers 
appointed by said board of police commissioners shall have and 
exercise, within the limits of said city, all the common law and statu- 
tory powers of constables except the service of civil process, and 
shall have all the powers given to the police as watchmen by the 
Public Statutes of the 'State of New Hampshire, the laws relating to 
said city or by any ordinances thereof, the chief of police and 
deputy chief of police taking the place of city marshal and assistant 
city marshal wherever said terms are used. 

Sect. 2. This act shall take effect upon its passage, and all acts Takes eflCest 
and parts of acts inconsistent herewith are hereby repealed. repeai^ng^*' 

[Approved March 23, 1909.] ''^'''''- 



670 



Chapters 282, 283. 
CHAPTEiR 282. 



[1909 



AN ACT TO ANNEX CERTAIN ISLANDS TO THE TOWN OF PELHAM. 



Certain islan 
annexed 



Ratification 
not required 



Takes effect 
on passage. 



Section 

1. Certain islands annexed. 

2. Ratification not required. 



Section 

3. Takes effect on passage. 



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

ds Section 1. That the two islands known as Big island, owned by 
Harry S. Duckworth and Alice F. D. Pearson; and Hog island, 
owned by William Cogger, both situated in Island pond and imme- 
diately adjacent to the easterly shore line of said pond in the town 
of Pelham, county of Hillsborough, be and hereby are annexed to 
the town of Pelham. 

Sect. 2. That the provisions of chapter 99, Laws of 1903, are 
'hereby repealed or suspended so far as the same may apply to this 
act. 
'Sect. 3. This act shall take etfect upon its passage. 
[Approved March 33, 1909.] 



CHAPTER 283. 



Property 
exempted. 



Takes effect 
on passage ; 



AN ACT TO EXEMPT FROM TAXATION THE PROPERTY KNOWN AS 
l'hOPITAL ST. LOUIS DE BERLIN, IN BERLIN. 



Section 

1. Property conditionally exempted. 



Section 

2. Takes effect on passage. 



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

Section 1. The real and personal property of L'Hopital 'St. 
Louis de Berlin, located in Berlin, New Hampshire, together with 
any additions and improvements thereto, is and hereby shall be 
exempt from taxation so long as it may be used as a hospital open 
to the general public. Provided, however, that the city council of 
the city of Berlin may, in its discretion, raise and appropriate 
money for the benefit of said hospital in lieu of the exemption above 
provided for, but the amount so raised and appropriated shall not 
exceed the sum of five hundred dollars ($500) in any one year. 

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

[Approved March 23, 1909.] 



1909] 



Chapter 284, 



671 



CHAPTER 284. 

AN ACT IN AMENDMENT OF SECTION 7 CHAPTER 261 OF THE LAWS OF 
1893 ENTITLED ''aN ACT TO PROVIDE FOR THE MAINTENANCE OF A 
SCHOOL JOINTLY BY THE SCHOOL DISTRICT OF ROCHESTER AND THE 
TOWN OF MILTON." 



Section 

1. Property rights if joint school dis- 
continued. 



Section 

2. Takes effect on passage. 



joint school 
discontinued. 



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

Section 1. Amend said section 7 of chapter 261 of the Laws of Property 
1893 by adding the following: The board of education of the city 
of Rochester or the voters of the school district of the town of 
Milton may either one discontinue the joint school so established. 
And when either has so acted the title to the property in said school- 
house shall reinvest in the school district of the town of ]\Iilton un- 
less said school district desires to discontinue the school kept in said 
district and desires to sell its portion of the land and liuildings 
thereon and in that event said schoolhouse and lot may be disposed 
of by agreement or at public auction, and in case said town of 
Milton shall wish to retain its interest in said schoolhouse and lot 
then it shall purchase the interest of the city of Rochester in said 
house and lot, and if the said school district and the said city of 
Rochester are unable to agree as to the value of the city of Roches- 
ter's interest therein the same may be determined by the county 
commissioners in the same manner as damages are determined in the 
ease of the laying out of a highway, so that said section as amended 
shall read as follows: Sect. 7. This act shall take effect when 
adopted by the said city council and by the voters of the school 
district of said town. The board of education of the city of Roches- 
ter or the voters of the school district of the town of IMilton may 
either one discontinue the joint school so established. And when 
either one has so acted the title to the property in said schoolhouse 
shall reinvest in the school district of the town of Milton unless said 
school district desires to discontinue the school kept in said district 
and desires to sell its portion of the land and buildings thereon 
and in that event said schoolhouse and lot may be dispased of by 
agreement or at public auction, and in case said town of Milton 
shall wish to retain its interest in said schoolhouse and lot then it 
shall purchase the interest of the city of Rochester in said house and 
lot, and if the said school district and the said city of Rochester are 
unable to agree as to the value of the city of Rochester's interest 



672 



Chapters 285, 286. 



[1909 



Takes effect 
on passage. 



therein the same may be determined by the county commi.s.sioner.s in 
the same manner as damages are determined in the case of the lay- 
ing out of a highway. 

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

[Approved March 23. 1909.] 



'CHAPTER 285. 



Time for 

completion 

extended. 



Takes efifect 
on passage. 



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 

1. Time for completion extended. 



Section 

2. Takes effect on passage. 



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

Section 1. The time for the completion of the North Conway & 
Mount Kearsarge Railroad is hereby extended to the first day of 
July, 1911. 

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

[Approved March 30, 1909.] 



CHAPTER 286. 



AN ACT TO INCORPORATE THE WOODSTOCK & THORNTON GORE RAILROAD. 



Corporation 
constituted. 



Section 

1. Corporation constituted. 

2. Route of road. 

3. Capital stock. 

4. Board of directors. 



Section 

5. First meeting. 

6. Void as to parts not built in two 

years ; condition imposed. 

7. Takes effect on passage. 



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

Section 1. That Herbert B. :\Ioulton, Fred E. Thorpe, Martin A. 
Brown, Harry E. Parker, Fred S. Hall and Edward K. Woodworth, 
their associates, successors and assigns are hereby made a corpora- 
tion by the name of the Woodstock & Thornton Gi-ore Railroad, with 
all the rights, powers and privileges, and subject to all the liabilities, 
duties, and restrictions of the laws of this state relating to railroads. 



1909] 



Chapter 286. 



673 



iSect. 2. Said corporation is authorized and empowered to locate, 
construct and maintain a railroad not exceeding six rods in width 
wuth the necessary additions for excavations and embankments, from 
a point in the town of Woodstock, near the sawmill owned by the 
Publishers' Paper Company and now operated by the Woodstock 
Lumber Company, on the westerly bank of the Pemigewasset river ; 
thence northerly and easterly about one and three-quarters miles 
in the town of Woodstock to a point on the westerly line of Thorn- 
ton ; thence northerly and easterly in the watershed of the Eastman 
branch, so called, in the to^^'ns of Thornton, Livermore and Water- 
ville, to some convenient point in said watershed in said town of 
Livermore or said town of Waterville, and no lease of said railroad 
shall be made. . 

Sect. 3. Tihe capital stock of said corporation shall consist of 
not more than one thousand shares of one hundred dollars each, to 
be determined from time to time by the board of directors ; and a 
toll is hereby granted to said corporation upon all persons and 
property that may be transported by said railroad. 

Sect. 4. The board of directors shall consist of seven persons, 
who shall be chosen annually; and all powers granted to this cor- 
poration, relating to the location, construction, and maintenance of 
said railroad, are hereb}'- vested in the board of directors. 

Sect. 5. Any two of the above named grantees may call the first 
meeting of said corporation by publishing a notice of the time and 
place in any newspaper published in Grafton county, at least one 
week previous to the day of meeting. 

Sect. 6. This act shall be void as to any and all parts of said 
railroad not completed within two years from the passage of this 
act, and the authority hereby conferred to locate, construct and 
maintain said railroad and to operate the same shall cease and 
determine at the expiration of eight years from the passage of this 
act ; and for the better protection of property, it is hereby provided 
that said railroad shall not be operated under the authority con- 
ferred by this act until the Woodstock Lumber Company, a cor- 
poration established under the general laws of this state, shall make 
and file in tlie office of the secretary of state an instrument in writ- 
ing agreeing that it and its successors and assigns shall be liable 
for all damages to property from fire or otherwise which may be 
caused by the operation of said railroad under the authority con- 
ferred by this act, to the same extent as such liability is imposed by 
the laws of this state upon tlie proprietors of railroads. 

iSect. 7. This act shall take effect upon its passage. 

[Approved March 30, 1909.] 



Route of road. 



Capital stock. 



Directors. 



First meeting. 



Void as to 
parts not built 
in two years ; 
condition 
imposed. 



Takes effect 
on passage. 



674 



Chapter 287. 
GHAPTER 287. 



[1909 



AN ACT TO INCORPORATE THE KNIGHTS OF KING SOLOMON. 



Corporation 
constituted ; 
purposes. 



May organize 

subordinate 

lodges. 



May assess 
and collect 
dues. 



First meeting. 



Section 

1. Corporation constituted; purposes. 

2. May organize subordinate lodges. 

3. May assess and collect dues. 



Section 

4. First meeting. 

4 [5]. Takes effect on passage; subject 
to repeal. 



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

Section 1. That Marvin W. Libby, Adam L. ^Miller, Charles F. 
Sawtell, James Fairfield, Alexander Taggart, Robert R. McG-regor. 
Winifred L. iCampbell, Fred C. Andrews, Albert Rnemlely, Ernest 
H. iSnow, Henry I. Lemay, Edward W. Albee, John Peavey, Charles 
S. Johnson, Elmer P. [Nichols, Walter ]M. Offiitt, Arthnr J. Moquin, 
Joseph H. Shaw, Charles A. Marland, Walter E. Ferren. Charles 
E. Crosby, William L. Joyce, Edward Pendleton and William 0. 
Craig of Manchester, their associates, successors and assigns shall be 
and hereby are made a body politic and corporate by the name of 
The Knights of King Solomon, for the purposes of the mutual 
benefit of its members, relief in cases of sickness, the payment of 
sick benefits, funeral benefits and expenses of sickness and burial of 
its members to the widow, orphans and dependents of its members 
as its by-laws may from time to time prescribe and other fraternal 
and beneficial purposes and in pursuance of such objects it may by 
the foregoing corporate name sue and be sued, prosecute and defend 
to final judgment, and shall be vested with all the power and 
privileges and be subject to all the liabilities of corporations of a 
similar nature, and may purchase and hold real and personal estate 
and receive and hold the same by gift for the purpose aforesaid to 
an amount not to exceed $50,000, and may dispose of the same at 
pleasure, and may make or adopt such by-laws and regulations as 
may be expedient for the purposes of this act. 

Sect. 2. Said corporation may organize subordinate or associate 
lodges or temples and make such rules and regulations for the con- 
duet thereof as may be expedient and not repugnant to the laws of 
the state and may alter, amend or repeal the same. 

Sect. 3. iSaid corporation may assess and collect from its mem- 
bers such dues for its expenses and conducting of its business and 
the payment of its benefits and other charges as shall be in con- 
formity with the charter and by-laws. 

Sect. 4. The first five persons named in this act may call the first 
meeting of said corporation by mailing to each of the others a 
written notice at least three days before the date of said meeting. 



1909] 



Chapters 288, 289. 



675 



iSect. 4 [5]. This act shall take effect upon its passage and a Takes effect 
legislature may alter, amend or repeal the same whenever the subject to 
public good requires. repeal. 

[Approved March 30, 1909.] 



CHAPTER 288. 

AN ACT TO EXEMPT FROM TAXATION THE PROPERTY OF THE NEWPORT 
CHARITABLE ASSOCIATION. 



Section 

1. Property exempted. 



Section 

2. Takes effect on passage. 



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

■Section 1. The real and personal property of the 'Newport Property 
Charitable Association, located in Newport, together with any im- ^^^"^^ ® 
provements and additions thereto, are and shall be exempt from 
taxation so long as said property may be used for charitable 
purposes. 

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

on passage. 

[Approved March 30, 1909.] 



OHAiPTE'R 289. 



AN ACT AUTHORIZING THE CITY OF MANCHESTER TO APPROPRIATE A 
SUM NOT EXCEEDING TWO THOUSAND DOLLARS TO CELEBRATE THE 
ONE HUNDREDTH ANNIVERSARY OF THE INCORPORATION OF THE 
TOWN OF MANCHESTER. 



Section 

1. Appropriation authorized. 



Section 

2. Takes effect on passage; repealing 
clause. 



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

Section 1. The city of Manchester Ls liereby authorized to ap- Appropriation- 
propriate a sum not exceeding two thousand dollars, for the pur- ^^*''°'''^'"^- 
pose of celebrating the one hundredth anniversary of the incor- 
poration of the town of Manchester. 



G76 



Chapters 290, 291. 



"1909 



Takes effect 
on passage; 
repealing 
clause. 



Sect. 2. This act shall take effect upon its passage, and all 
acts and parts of acts inconsistent with this act are hereby re- 
pealed. 

[Approved March 30, 1909.] 



CHAPTER 290. 

AN ACT TO SEVER CERTAIN TERRITORY FROM THE TOWN OF LISBON AND 
TO ANNEX THE SAME TO THE TOWN OF FRANCONIA. 



Territory 
severed and 
annexed. 



Ratification 
not required. 



Takes effect 
on passage. 



Section 

1. Territory severed and annexed. 

2. Ratification not required. 



Section 

3. Takes effect on passage. 



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

Section 1. That all that part of the homesteac^ farm of George 
W. Taylor of Lisbon which lies in said Lisbon is hereby severed 
from said town of Lisbon and annexed to the town of Franconia. 

Sect. 2. That the provisions of chapter 99 Laws of 1903, are 
hereby repealed or suspended so far as the same may apply to 
this act. 

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

[Approved Miarch 30, 1909.] 



CHAPTER 291. 

AN ACT IN amendment OF THE CHARTER OF THE CITY OF MANCHES- 
TER, ESTABLISHING THE OFFICE OF OVERSEER OF THE POOR, IN PLACE 
OF THE OVERSEERS OF THE POOR PROVIDED UNDER THE CHARTER AND 
LAWS OF THE STATE. 



To be elected 
bienniallv. 



Section 

1. To be elected biennially. 

2. Vacancy, how filled. 

3. Compensation and allowance. 

4. To give bond. 



Section 

5. Annual appropriation for expense. 

6. Accounts, how kept. 

7. Powers of overseer. 

8. Repealing clause. 



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

Section 1. At the next general election and biennially there- 
after the people of the city of Manchester shall elect one citizen of 
said city to be overseer of the poor in and for said city for the 



1909] Chapter 291. 677 

term of two years beginning Jannary, 1911, and to hold said office 
during the term of two years from the time of his election and 
qualification and until his successor is elected and qualified, unless 
sooner removed. 

'Sect. 2. In ease a vacancy occurs in said office for any reason vasancy, how 
the board of mayor and aldermen of said city shall appoint some 
suitable person to serve the balance of the unexpired term or until 
his successor is elected and qualified. 

^Sect. 3. The annual salary of said overseer of the poor shall be salary and 
twelve hundred dollars, to be paid by said city in equal monthly 
payments; and in addition to said salary said overseer shall be 
allowed for his actual traveling expenses in connection with his 
official duties a sum not to exceed one hundred and fifty dollars, 
per year, and shall render monthly an itemized account of his said 
traveling expenses ; there shall also be provided and furnished by 
the said city a suitable office for said overseer of the poor. 

Sect. 4. Said overseer of the poor shall give a bond with suffi- Bond, 
cient sureties in the sum of three thousand dollars, conditioned 
for the faithful performance of the duties of his office ; said bond 
to be approved by the mayor of said city. 

iSect. 5. The common council of said city shall annually make Appropriation 
such appropriation as shall be necessary for the employment of 
clerical assistance and for such other expenses as may be neces- 
sarily incurred by said overseer for the prompt and efficient dis- 
charge of the duties of his office. 

(Sect. 6. 'Said overseer of the poor shall keep books of account. Accounts, 
showing the following; all expenditures made by his order, with 
the name, residence, occupation of each person receiving aid from 
the city, with the date and amount of each order and the name of 
the person, firm or corporation to whom the order is directed.. In 
case aid is furnished any inmate of any institution, said book shall 
give the name and location of each institution with number of its 
inmates assisted and the amount of money so paid to each institu- 
tion. Said books and account to be open to public inspection, and 
a full report to be made and published at the end of each tiscal 
year in the annual city report. 

Sect. 7. Said overseer of the poor shall have all power, au- Powers, 
thority and rights, as set forth in chapter 84 and chapter 85 of 
the Public iStatutes, and chapter 116 of the session Laws of 1895, 
and all other authority and rights conferred upon overseers of the 
poor by statute, ordinance or otherwise, and the board of over- 
seers of the poor, as now constituted, shall from and after the 
expiration of their present term of office, cease from having any 
authority or rights under the law of this state or the ordinances 
or charter «f the city of iManchester. 

25 



678 



Chapter 292. 



[1909 



Repealing 
clause. 



Sect. 8. All acts and parts of acts inconsistent with the provi- 
sions of this act are hereby repealed. 
[Approved March 30, 1909.] 



s^ 



C'HAPTEE 292. 



Taking of lot 
authorized. 



AN ACT TO ENABLE THE UNION SCHOOL DISTRICT OF THE CITY OF 
KEENE TO TAKE THE COOLIDGE LOT IN SAID KEENE FOR SCHOOL 
PURPOSES. 



Section 

1. Taking of lot authorized. 

2. Petition to be filed. 

3. Notice to parties interested. 

4. Hearing in superior court. 



Section 

5. Damages held for what purpose. 

6. Issue of bonds authorized. 

7. Takes effect on passage. 



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

Section 1. The school board of the Union School District of 
the city of Keene, when authorized by vote of said district, may 
take for school purposes the Coolidge lot, commonly so called, in 
the city of Keene, being a tract of land with the buildings thereon 
situated on the easterly side of Washington street in said Keene 
and bounded and described as follows, viz. : Beginning at the 
southwest corner of the homestead of the late William Dinsmoor 
in the line of said street; thence south 76° 26' east on said Dins- 
moor land four hundred thirty-six and four-tenths (436.4) feet to 
a stone post in the line of the late Josiah T. Colony's land; thence 
south 12° 29' west on said Colony's land one hundred twenty- 
eight and three-tenths (128.3) feet to a corner; thence north 
86° 21' west on said Colony's land and land of the Independent 
Order of Odd Fellows three hundred thirty and sixty-five hun- 
dredths (330.65) feet to the northwest corner of said Odd Fel- 
lows' land; thence north %Q° 51' west on land of Mary F. Elliott 
sixty-one and eighty -five hundredths (61.85) feet to a stone post 
at the northwest corner of lier land ; thence north 64° 6' west on 
land of said city of Keene eighty-eight and forty-four hundredths 
(88.44) feet to a corner in the east line of said street; thence north 
25° 59' east on said street one hundred fifty-nine and thirty -five 
hundredths (159.35) feet to the place of beginning, and being 
the same premises conveyed to the city of Keene in trust for 
library and park purposes by deed of Henry 0. Coolidge, dated 
May 12, 1890, and recorded with the Land Records of Cheshire 
iCounty, volume 294, page 583. 



1909] Chapter 292. 679 

Sect. 2. Said land may be taken by said scliool board by filing Petition to be 
in the office of the register of deeds for said county, a copy of 
said vote of said district, duly certified by the clerk of said district, 
and of the vote of said board to take said land, duly certified by 
the secretary of said board, and also by filing in the superior 
court for said county of Cheshire a petition setting forth said 
votes, and praying to have the damages caused by said taking 
assessed. Upon the filing of said certified copies in the office of 
the register of deeds and the filing of said petition in the superior 
court, the title to said land shall vest in said Union School Dis- 
trict. 

'Sect. 3. Upon the filing of said petition the clerk of the supe- Notice to par- 

,„. , p. . ^ ties interested. 

nor court shall issue an order or notice to ail persons interested, 
with a copy of the petition, returnable to the next term of the 
court, and said school board shall cause a certified copy of the 
same to be served upon the city of Keene and upon the attorney- 
general, and shall publish the same in some newspaper printed in 
said Keene not less than fourteen days before said term. 

Sect. 4. At the term of the superior court next after the filing Hearing in 
of said petition, the city of Keene, and the attorney-general, and court. 
any person having an interest in the premises taken, may appear 
and be heard in reference thereto, and the damages caused to said 
city of Keene, and to each person having an interest in the prop- 
erty taken, shall be assessed by the court without a jury, unless 
said Union School District, or some party having an interest in 
the premises taken, shall file with the court a written demand to 
have such damages assessed by a jury, in which case said dam- 
ages shall be assessed by the court by a jury. Costs shall be 
awarded to any person or party recovering damages on account 
of said taking, and judgment shall be entered for said damages 
and costs against said Union School District. Execution may be 
issued upon said judgment as upon other judgments. 

Sect. 5. The damages recovered by the city of Keene for the Damages held 
taking of said premises shall be held in trust by it for the same po^se! ^ ^^^ 
general purposes and public uses as it now holds said premises, 
and tlie superior court, upon application of said city of Keene, may 
direct in Avhat way the same shall be used. 

Sect. 6. The said Union School District is hereby empowered issue of 
and authorized to issue its notes or bonds for the purpose of 
providing funds for the payment of the whole or any part of the 
judgment rendered on the aforesaid proceedings, which notes or 
bonds shall bear interest at a rate not exceeding four per cent, per 
annum. Said city of Keene is hereby authorized to accept and 
hold said notes or bonds or any part of the same in accordance 
with section 5 of this act. 

Sect. 7. This act shall take effect upon its passage. Takes effect 

on passage. 

[Approved March 30, 1909.] 



680 



Chapter 293. 
OHAPTER 293. 



[1909 



AN ACT TO ESTABLISH WATER- WORKS IN NEW HAMPTON VILLAGE FIRE 
PRECINCT, IN THE TOWN OF NEW HAMPTON. 



Water-works 
authorized. 



Right of emi- 
nent domain. 



Section 

1. Water-works authorized. 

2. Right of eminent domain. 

3. Contracts authorized. 



Section 

4. Appropriations authorized. 

5. Takes effect on passage. 



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

Section 1. The New Hampton Village Fire Precinct in the to^Ti 
of New Hampton, is hereby authorized and empowered to con- 
struct, own, manage, maintain and lease suitable water-works for 
the purpose of introducing into, and distributing through, said fire 
precinct, or any portion thereof, an adequate supply of pure water 
in subterranean pipes, for extinguishing tires and for the use of 
its citizens and others, and for such other public, private and 
mechanical purposes as said precinct may from time to time au- 
thorize and direct; and for that purpose may take, purchase, and 
hold in fee simple or otherwise, any real or personal estate and 
any rights therein, including water rights, necessary for carrj^ing 
into effect the purpose of this act, and to excavate and dig canals 
and ditches in any street, place, square, passway, highway, com- 
mon, or other place through which it may be necessary and proper 
for building said water-works, and to relay, change and repair the 
same at pleasure, having due regard for the safety of its citizens 
and security of public travel. 

Sect. 2. Said fire precinct is authorized and empowered to enter 
upon, take and appropriate ^Mountain pond so called, located near 
the northwesterly corner of the town of Sanbornton, or Spectacle 
pond, so called, located partly in the town of New Hampton and 
partl,y in the town of ]\Ieredith, or both of said ponds ; together 
with any streams, springs or water rights in or adjacent to said 
fire precinct, and to secure by fence or otherwise such ponds, 
streams, springs, or water rights, and dig ditches and canals, make 
excavations, dams, or reservoirs through, over, in, or upon any land 
or enclosure through which it may be necessary for said aqueduct to 
pass, or said excavations, reservoirs, dams, and water-works to be 
or exist, for the purpose of obtaining, holding, preserving, or con- 
ducting such water, and to place such pipes or other materials or 
works as may be necessary for building and operating such aque- 
duct and water- works or for repairing the same ; jyrovided, if it 
shall be necessary to enter upon and appropriate any land or water 
rights or any stream, spring, or pond, for the purpose aforesaid, or 



1909] CH.VPTER 293. 681 

to raise or lower the level of any stream, spring, or pond, and if 
said fire precinct shall not agree with the owners thereof or persons 
injured thereby for the damage that may be done by said fire 
precinct, or such owners shall be unknown, said fire precinct or 
said owners or persons injured may apply to the trial term of the 
superior court for the county in which such stream, spring, pond, 
water rights, or land is situate, 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 hearing, and give notice thereof in the same manner as is 
now provided by law for laying out highways, and said commis- 
sioners shall make report to said court and said court may issue 
execution accordingly; if either party shall desire, he shall be 
entitled to trial by jury in such manner and under such regulations 
as the court may prescribe, in the same manner as in appeals from 
the award of damages in the ease of laying out highways. 

'Sect. 3. Said fire precinct is authorized to contract with in- Contracts 
dividuals 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 
for the more convenient management of said water-works, the fire 
precinct may either before or after the construction of the same, 
place them under the direction and control of a board of water 
commissioners, of such number and with such powers and duties 
and elected at such times and in such manner, as may from time 
to time be prescribed by said fire precinct. Said water commis- 
sioners shall have full charge and control of the construction, man- 
agement, and maintenance of said water-works, and may appoint 
a superintendent and other necessary officers, with such powers 
and duties and such compensation as said commissioners may from 
time to time prescribe. Said board of commissioners and other offi- 
cers shall report in writing to said fire precinct at its annual meet- 
ing, and at other times when called upon to do so, a full statement 
of what they have done including an itemized account of all moneys 
received and paid. 

Sect. 4. Said fire precinct is also authorized at any annual or Appropriations 
special meeting, by a major vote of those present and voting, to 
raise and appropriate, and to borrow or hire such sums of money 
on the credit of the fire precinct as may from time to time be deemed 
advisable for the purpose of defraying the expense of purchasing 
real estate, rights in real estate, water rights, streams, springs, 
ponds and rights as aforesaid, and for constructing, maintaining, 
and operating said water-works, and to issue its bonds or notes for 
the same, payable at such times and at such rates of interest and 
upon such other terms as may be thought proper, such bonds or 



682 



Takes effect 
on passage. 



Chapters 294, 295. 



1909 



notes to be signed by a majority of the water commissioners and 
countersigned by the treasurer of said fire precinct, said indebted- 
ness not to exceed at any one time the sum of ten thousand dollars ; 
and such bonds or notes and all the property of said fire precinct 
used in the construction and operation of its water-works excepting 
reail estate situated outside the town of New Hampton shall be 
exempt from taxation. 

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

[Approved March 30, 1909.] 



CHAPTE'K 294. 



AN ACT TO LEGALIZE THE ANNUAL MEETING OF THE TOWN OF GILSUM 
HELD MARCH 9, 1909. 



Meeting 
legalized. 



Takes effect 
on passage. 



Section 

1. Meeting legalized. 



Section 

2. Takes effect on passage. 



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

Section 1. That the acts of the town of Gilsum at the annual 
meeting held Tuesday March 9, 1909, be and the same are hereby 
declared legal, and all elections made at said meeting are hereby 
ratified and confirmed. 

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

[Approved March 30, 1909.] 



CHAPTER 295. 



Property 
exempted. 



AN ACT TO EXEMPT FROM TAXATION THE PROPERTY OF THE CARRIE F. 
WRIGHT HOSPITAL, LOCATED AT NEWPORT. 



Section 

1. Property exempted. 



Section 

2. Takes effect on passage. 



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

Section 1. The real and personal property held in trust by the 
board of trustees for the use and maintenance of the Carrie F. Wright 
Hospital, so called, located in Newport, or to be given to or ac- 



1909] Chapters 296, 297. 683 

quired by said hospital, together with any additions or improve- 
ments thereto, shall be exempt from taxation, so long as said prop- 
erty shall be used for hospital purposes. 

Sect. 2. This act shall take efifect upon its passage. on^Tss?? 

[Approved March 30, 1909.] 



OHAPTER 296. 



AN ACT TO EXEMPT THE MANCHESTER CITY MISSIONARY SOCIETY OP 
THE CITY OF MANCHESTER PROM TAXATION. 

Section i Section 

1. Property exempted. ' 2. Takes effect on passage. 

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

Section 1. As the Manchester City Missionary Society of the Property 
city of Manchester is a charitable institution without profit to any ^^'^^^ 
person, all property now owned or howsoever hereafter acquired 
by said society for tiie purpose of said society is hereby exempt 
from taxation. 

Sect. 2. This act shall take effect upon its passa)ge. Takes effect 

on passage. 

[Approved March 30, 1909.] 



CHAPTER 297. 



an act to legalize the special town meeting in WARNER HELD 

MARCH 27, 1909. 

Section i Section 

1. Meeting legalized. I 2. Takes effect on passage. 

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

Section 1. The proceedings and all votes passed at the special Meeting 

meeting of the inhabitants of the town of Warner held on March '^s*''^**^- 
27, 1909, are hereby legalized and confirmed. 

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

[Approved April 1, 1909.] on passage. 



esi 



Ch.\ptebs 298, 299. 
CHAPTER 298. 



[1909 



AN ACT AUTHORIZING LAYING OUT A HIGHWAY IN CENTER HARBOR. 



Authority 
g^ranted. 



Takes effect 
on passage. 



Section 

1. Authority granted. 



Section 

2. Takes effect on passage. 



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

Section 1. The selectmen of Center Harbor are hereby author- 
ized and empowered upon petition to lay out a highway in said 
town from any point on the highway leading from the premises 
of the heirs of Harrison D. Lord to the premises of 'Samuel J. 
Lord, to any point on Sturtevant island, so called, in said town, 
including any bridge or causeway which may be necessary in con- 
nection with such highway. The proceedings in respect to such 
lay out shall be as prescribed in chapter 67 of the Public Statutes 
and amendments thereto. 

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

[Approved April 6, 1909.] 



CHAPTER 299. 



Exemption 
legalized. 



Takes effect 
on passage. 



AN ACT TO legalize THE ACTIONS OF THE TOWN OF HOOKSETT AT A 
SPECIAL MEETING HOLDEN ON THE THIRD DAY OF OCTOBER, 1907. 
EXEMPTING THE HOTEL PROPERTY OP WILLIAM H. HURD FROM 
TAXATION. 



Section 

1. Exemption legalized. 



Section 

2. Takes effect on passage. 



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

Section 1. The proceedings of the town of Hooksett at a special 
meeting holden on the third day of October, 1907, exempting from 
taxation William H. Hurd's hotel property, known as Rivereide 
Inn, to be built in said town, are hereby legalized and made valid; 
provided that the assessors of said town shall annually assess the 
property hereinbefore mentioned and the valuation determined 
upon for the same shall be added to the valuation of all the other 
property in the town to determine the total valuation for the pur- 
poses of state and county tax. 

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

[Approved April 6, 1909.] 



1909] 



Chapters 300, 301. 
OHAiPTEiR 300. 



685 



AN ACT AUTHORIZING THE CITY OF PORTSMOUTH TO CONTRIBUTE THE 
SUM OF FIVE HUNDRED DOLLARS TO THE COTTAGE HOSPITAL. 



Section 

1. Contribution authorized. 



Section 

2. Takes effect on passage. 



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

Section 1. That the city council of the city of Portsmouth is Contribution 
hereby authorized to contribute the sum of five hundred dollars to ^^'^°"^®'^- 
the Cottage Hospital in said Portsmouth, from the levy of the 
current year of 1909. 

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

[Approved April 6, 1909.] 



Takes effect 
on passage. 



CHAPTER 301. 



AN ACT IN RELATION TO CITY OFFICIALS, COMMISSIONERS, TRUSTEES, 
AND OTHER PERSONS HAVING CONTROL OF THE PUBLIC FUNDS OF THE 
CITY OP MANCHESTER. 



Section 

1. Excessive and unauthorized ex- 

penditures prohibited. 

2. Penalty for violation. 



Section 

3. Dissenting officials not liable. 

4. Takes effect on passage. 



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

Section 1. 'No city official, commissioner, trustee or other per- Ex:essiveand 

■I- J.1I?' i_Ti?T -Aiixi unauthorized 

son having control of any public lunds appropriated by the com- expenditures 
mon council of the city of ^Manchester shall use any part of such p^'ohibited. 
funds for any purpose outside of the general business of the de- 
partment in the control of said city official, commissioner, trustee 
or other person, excepting such sums as may be expended for new 
work or repairs to be charged to private individuals, firms, or 'cor- 
porations and for which said city is to be reimbursed by said 
private individuals, firms or corporations, or shall expend any 
money or make any contract or bargain or in any way bind the 
city of Manchester in excess of the total amount voted and appro- 
priated by the common council for the general department over 
which said city official, commissioner, trustee or other person has 



G86 



Chapter 302. 



1909 



Penalty for 
violation. 



Dissenting 
officials not 
liable. 



Takes effect 
on passage. 



control, and all appropriations made by the common council for 
the several city departments shall be made in bulk, each depart- 
ment being allowed a specific sum to be used and applied by the 
respective department for the general business thereof without 
being itemized by the common council. 

'Sect. 2. Any person who shall violate the provisions of this act 
individually or as a member of a board shall be liable to forfeit the 
sum of five hundred dollars to be recovered in an action of tort 
brought in the name and behalf of the city of ^Manchester in the 
superior court at the instance of the mayor; and he shall also be 
liable to be summarily removed from his office by the board of 
mayor and aldermen. 

Sect. 3. The provisions of this act shall not apply to members 
of boards or commissions who do not aid in, sanction, or a.ssent to 
the violation of said provisions by other members of said boards or 
commissions, and who, when such violations come to their knowl- 
edge, shall indicate their dissent by entry thereof in the records of 
the respective boards or commissions or in the office of the city 
clerk. 

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

[Approved April 6, 1909.] 



^CHAPTER 302. 



AN ACT EMPOW^ERING AND AUTHORIZING THE TOW^N OF LANCASTER TO 

BUILD A BRIDGE. 



Section 

1. Authority granted. 

2. Damages, how assessed. 



Section 

3. Appropriation authorized. 

4. Takes effect on passage. 



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



Authority 
granted. 



Section 1. That the town of Lancaster in the county of Coos 
is hereby empowered and authorized to build and maintain a free 
bridge across the Connecticut river at or near the site of the former 
'South Lancaster toll bridge, so called, which was owned by the 
Union Bridge Company, and to take the franchise and so much of 
the property of said Union Bridge Company, chartered by chapter 
86 of the Laws of 1870, as may be necessary to the construction of 
said free bridge, and to take such other land as shall be needed to 
construct and maintain said bridge with a suitable approach thereto. 



1909] 



Chapter 303. 



687 



Sect. 2. If said town of Lancaster shall not be able to agree with 
the owners of said franchise, property or other land, upon the 
damages to be paid therefor, nor upon a committee to a&sess such 
damages, either party may apply by petition to the superior court 
for the district of Coos county, and said court, after due notice to 
the parties, shall refer the same to the county commissioners of 
said county of Coos, who shall upon due notice assess such damages 
and report the same to said court and judgment thereon shall be 
final and conclusive unless either party elects at the term of the 
court when such report is filed to go to the jury ; and upon trial 
by jury to ascertain the amount of the damages such proceedings 
shall be had as are by law provided in the case of ordinary high- 
ways. 

Sect. 3. Said town is hereby authorized to raise money by 
assessing taxes in the ordinary way to build said bridge, and, until 
such time as money can be so raised, to hire money for that purpose 
provided a majority vote of any town meeting duly called and 
held in said town shall authorize the selectmen of said town to so 
hire the necessary funds to go on and construct said free bridge. 

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

[Approved April 6, 1909.] 



Damages, how 
assessed. 



Appropriation 
authorized. 



Takes eflEect 
on passage. 



CHAPTER 303. 

AN ACT TO INCORPORATE THE ST. MARY 'S CO-OPERATIVE CREDIT ASSO- 
CIATION. 



Section 


Section 


1. 


Corporation constituted. 


10. 


Withdrawals and dismissals. 


2. 


Purposes. 


11. 


Dividends. 


3. 


Membership. 


12. 


Guaranty fund. 


4. 


Capital stock. 


13. 


Adoption of by-laws. 


5. 


Funds loaned or deposited. 


14. 


How taxed. 


6. 


Corporate meetings. 


15. 


Under supervision of bank com- 


7. 


Directors. 




missioners. 


8. 


Organization ; duties of directors 


16. 


Dissolution. 




and committees. 


17. 


Subject to repeal; takes effect on 


9. 


Vacancies, how filled. 




passage. 



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



iSection 1. That Pierre Hevey. Pierre M. Roussel, Louis Dorais, Corporation 
J. Eugene Larochelle, Arthur Gagne. and Joseph Boivin. all of 
Manchester in the county of Hillsborough, and their associates, 
successors and assigns, be and they hereby are made a body cor- 



ess 



Chapter 303. 



1909 



Purposes. 



Membership. 



Capital stock. 



Funds loaned 
or deposited. 



Corporate 
meetings. 



porate by the name of the St. Mary's Co-operative Credit As.socia- 
tion, and by that name may transact their business, may sue and be 
sued, and hereby are invested with all the privileges and made 
subject to the duties and liabilities of a corporation for the pur- 
poses hereinafter set forth. 

Sect. 2. The object of said association shall be to open credits 
for and make loans to its shareholders, but for and to no other 
persons, upon such terms, for such times and upon such security, 
real or personal, as the association may vote or by its by-laws 
provide, the rate of interest, however, upon any loan not to exceed 
six per cent. 

Sect. 3. No person shall be an associate or member who shall 
not be, when he becomes such, a resident of the city of ^Manchester, 
and the place of business of said corporation shall be in said 
city of Manchester. Every member must be a shareholder. 

Sect. 4. The capital stock of said association shall lie a variable 
amount, not less than one thousand dollars nor more than one 
hundred thousand dollars ; between said limits the capital stock 
may be increased by payments for additional stock purchased; or 
decreased by the total or partial withdrawal of the amounts thus 
paid in. The capital stock shall be divided into shares of not less 
than five dollars each, the value of the shares and the terms of 
payment for same to be as provided by the by-laws of the associa- 
tion ; but no shareholder shall own more than one-sixth of the 
capital stock, or more than five hundred dollars par value of same, 
and the shareholders shall not be personally liable for the debts of 
the association. 

Sect. 5. The funds of the association may be either loaned to the 
shareholders for such terms and purposes and upon such security 
as the committee of credit shall approve, or deposited to the credit 
of the association in savings banlcs or trust companies incorporated 
under the laws of this state or in national banks located therein. 

iSect. 6. The annual meeting of the shareholders shall be held at 
such time and place as the by-laws specify. Special meetings may 
be called by the directors -or by a majority of the committee of 
supervision and shall be called upon request in writing signed by 
ten or more shareholders. The clerk shall notify shareholders of 
all meetings in the manner specified in the by-laws. At meetings 
of shareholders each shareholder shall have one vote regardless of 
the number of shares held by him ; there shall be no voting by 
proxy ; and ten shareholders shall constitute a quorum. Any three 
of the incorporators may call the first meeting of the association by 
giving notice in writing to each of the other incorporators at least 
three days before said meeting. 



committees. 



1909] Chapter 303. 689 

"Sect. 7. At the annual meeting of shareholders there shall be Directors. 
elected a board of not less than five directors, a committee of 
supervision of three members and a committee of credit of three 
members ; but no person shall be a member of more than one of said 
committees or board. All the members of said committees and board 
shall be sworn and shall serve for the ensuing year or until their 
successors are chosen and qualified; but the shareholders at any 
meeting may remove an.y or all of said directors if their conduct 
of the affairs of the association is not satisfactory, provided the 
call for said meeting shall announce the proposed removal. 

Sect. 8. The directors shall meet within ten days after their Organization; 
election, and at said meeting they shall elect as officers a president, directors and 
a treasurer and a clerk, and they mav elect a vice-president and 
other necessary officers and agents. The directors shall have the 
management of the affairs, funds and books of the association ; 
they shall have authority to admit members under the conditions 
specified in the by-laws, also to dismiss members as hereinafter 
provided. They shall determine the conditions as to the transfer 
or withdrawal of shares and shall fix the amount of surety bond 
which may be required of each officer or agent having custody of 
the funds. They shall have the power to declare dividends when 
the same are approved by the committee of supervision. The com- 
mittee of supervision shall oversee all the business of the associa- 
tion, with the right at any time to inspect all the books, accounts, 
papers, security for loans and other property of the association. 
They may by unanimous vote suspend any director or member of 
any board or committee, and in every such case they shall im- 
mediately call a special meeting of the shareholders to act on such 
suspension and by the same mail shall notify said suspended per- 
son of his suspension. A majority of the committee may call a 
special meeting of the shareholders to consider any violation of 
law, by-law or sound management which said committee shall have 
discovered. They shall report in writing regarding their doings 
and findings, at the annual meeting of the shareholders, said report 
to include a statement of the receipts, disbursements, income, 
assets and liabilities of the association for the fiscal year. The 
committee of credit shall have authority regarding loans made by 
the association, subject to the regulations of the by-laws, and 
every loan shall be approved by them in advance. The officers and 
agents elected by the directors as hereinbefore specified, may or 
may not be directors. They shall be sworn and shall hold office 
for the ensuing year or until their successors are elected and 
qualified. The members of the committees of supervision and of 
credit shall not directly or indirectly borrow from the association 
or become security for any borrower ; and they and the directors 



690 



Chapter 303. 



1909 



Vacancies. 



Withdrawals 
and dis- 
missals. 



Dividends. 



Guaranty 
fund. 



shall not receive any pay for their services as directors or as mem- 
bers of said committees. 

Sect. 9. All vacancies shall be filled by vote of the directors, 
except that vacancies in the committee of supervision shall be filled 
by vote of the remaining members of said committee. 

Sect. 10. Any member may withdraw from the association at 
any time by giving notice in writing to that efifect to the clerk or 
treasurer. The directors may dismiss any member who has not 
carried out his engagements with the association, or who has been 
convicted of a criminal offense, or who refuses to comply with the 
provisions of the by-laws or whose private life is a source of scandal 
or who shall become insolvent or bankrupt. The minutes of the 
meeting of the board of directors respecting any such dismissal 
shall set forth the reasons therefor and a true copy thereof shall 
be addressed to the dismissed member by registered letter within 
three days after such dismissal. The amounts due to members who 
have withdrawn or been dismissed, on account of payments made 
by them for stock, with the earning on the same, after deducting 
any amounts due by them to the association, shall be paid to them 
as soon as funds of the association become available. Such pay- 
ments shall be made in the order of withdrawal or dismissal and 
with due regard to the provisions that the capital stock shall not be 
reduced below the minimum hereinbefore specified. Membership 
fees shall not be refunded to members who withdraw or who are 
dismissed. No member who shall withdraw or be dismissed shall 
have the right to demand the liquidation or dissolution of the asso- 
ciation ; but members dismissed may appeal to a meeting of share- 
holders called for the stated purpose. 

Sect. 11. Dividends may be declared by the directors, with the 
approval of the committee of supervision, as hereinbefore specified ; 
or in case the committee of supervision does not approve the 
declaration of a dividend proposed by the directors, the question 
shall be referred to a meeting of shareholders called for the stated 
purpose. Dividends shall be paid only out of the net earnings of the 
association and after providing for a guaranty fund as hereinafter 
provided. 

•Sect. 12. Immediately before the payment of each dividend, 
there shall be set apart as a guaranty fund twenty per cent, of the 
net earnings which have accumulated since the payment of the last 
preceding dividend. Said fund shall be held to meet contingencies 
or losses in the business of the corporation. All entrance or mem- 
bership fees shall be added at once to the guaranty fund. But 
upon recommendation of the board of directors the members at an 
annual meeting may increase and whenever said fund equak or 
exceeds the amount of capital stock actually paid in, may decrease, 
the proportion of profits which are required by this section to be 
set apart as a guaranty fund. 



1909 



Chapter 303. 



691 



iSect. 13. At the first meeting of the shareholders or at an ad- By-iaws. 
journinent thereof, there shall be adopted by-laws which shall 
prescribe: (a) Conditions of membership, (b) Value of shares 
of capital stock and terms of payment for same and amount of en- 
trance or membership fee. (c) Date of annual meeting and date 
on which fiscal year begins ; method of giving notice of annual and 
special meetings, and of notifying directors and other officers of 
their election, (d) Number of directors, (e) Duties of president, 
vice-president (if any) treasurer, clerk and such other officers, 
agents, boards and committees as may be provided by the by-laws 
and whose duties are not herein specified, (f ) Method of applying 
for loans and conditions under which loans shall be made, maximum 
amount which may be loaned to any one member and penalties for 
failure of members to meet obligations to the association punctually. 
(g) iSuch other matters as may seem necessary. The association 
shall receive no payments on account of shares until its by-laws 
have been approved in writing by the board of bank commissioners, 
nor shall any amendments to the by-laws become operative until 
said amendments have been so approved. The by-laws may be 
amended, subject to the approval of the board of bank commis- 
sioners as hereinbefore provided, at a meeting of the shareholders 
called for the purpose, by a three-fourths vote of those present and 
voting. 

Sect. 14. Said association shall be taxed as savings banks are How taxed. 
taxed. 

Sect. 15. The association and its directors and officers shall be under super- 
under the supervision of the board of bank commissioners, who commissioners. 
shall have in relation to them the same power as in relation to sav- 
ings banks. The officers of the association shall report to the board 
of bank commissioners at such times as are required of savings 
banks, giving such information, and in such form, as may be re- 
quired by said board. 

'Sect. 16. At a meeting called for the stated purpose, the share- Dissolution, 
holders may vote to dissolve the association, by a vote of three- 
fourths of those present and voting; but a motion to dissolve shall 
not be adopted if ten members object thereto. 

Sect. 17. The legislature may, alter, amend or repeal this act subject to 
whenever in their opinion the public good shall require it, and this effect on pas^ 
act shall take effect upon its passage. ^^^^' 

[Approved April 6, 1909.] 



692 



Chapter 304. 



1909 



CHAPTER 304. 

AN ACT EMPOWERING THE TOWN OF ALTON TO ACQUIRE, BUILD AND 
MAINTAIN PUBLIC WHARVES AND TO APPROPRIATE MONEY FOR THE 
SAME AND TO RATIFY THE VOTE OF SAID TOWN IN REFERENCE 
THERETO. 



Section 

1. Prior action ratified; authority 

granted. 

2. Right to acquire land, etc. 



Section 

3. Procedure. 

4. Takes effect on passage. 



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



Prior action 
ratified; 
authority 
granted. 



Right to 
acquire land, 
etc. 



Procedure. 



Takes effect 
on passage. 



Section 1. The action of the town of Alton taken at the annual 
town meeting, held March 9, 1909, wherein the town voted to build 
a public wharf at Alton Bay and raise the sum of five hundred 
dollars for that purpose, and appointed a committee to locate and 
build the same, is hereby ratified and confirmed, and the selectmen 
are hereby authorized to purchase or lease any land therefor or 
upon petition to them to lay out said wharf and build a highway to 
the same, and for such purposes they may take land under the right 
of eminent domain, and may award damages and from said layout 
and award there may be an appeal to the superior court, and like 
proceedings shall be had tlxereon as in the case of laying out of 
highways. 

Sect. 2. The said town of Alton is hereby empowered to acquire, 
either by purchase or lease or by the right of eminent domain, land 
in said town for the purpose of building and maintaining public 
wharves in said town upon Lake Winnipesaukee whenever and 
wherever the accommodation of the public may require, to keep 
the approaches to the same both by land and water free from ob- 
struction, to regulate the use of the same, and to appropriate money 
for the said purposes upon petition to the selectmen of said town. 

Sect. 3. Upon such petition the same proceedings shall be had 
and all parties interested therein shall have the same rights and 
remedies as in the laying out of highways. 

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

[Approved April 6, 1909.] 



1909] 



Chapter 305. 
CHAPTER 305. 



693 



AN ACT TO REVISE THE CHARTER OF THE CITY OP CONCORD. 



Section 

1. Corporate existence continued. 

2. Division into wards continued. 

3. Division inte school districts con- 

tinued. 

4. Mayor and board of aldermen. 

5. Municipal elections, when held. 

6. Nominations, how made. 

7. Elections and primaries, where held. 

8. Preparation of che^k-lists. 

9. Municipal elections, how conducted. 

10. Official primary ballots. 

11. Official election ballots. 

12. Preparation of ballots. 

13. Plurality to elect. 

14. Tie vote for mayor. 

15. Tie vote for other officers. 

16. Form of official ballots. 

17. Names of candidates, how grouped. 

18. Disposition of ballots and tally- 

sheets. 

19. Recounts and coritests. 

20. Primaries and election in 1910. 

21. Vacancies, how filled. 

22. Terms of office. 

23. Organization of mayor and board of 

aldermen. 

24. Vacanc}" in office of mayor, hew 

filled. 

25. Vacancies in other offices, how filled. 

26. Mayor, powers and duties of. 

27. Same subject. 

28. To be member of board of public 

works. 

29. Board of aldermen, powers and du- 

ties of. 

30. Committees of board of aldermen. 

31. Board of public works, powers and 

duties of. 



Be it enacted hij the Senate and Hou^e of Bepresentativcs in 
General Court co7ivened: 

Section 1. The inhabitants of the city of Concord shall continue 
to be a body politic and corporate under the name of the '^City of 
Concord," and as such to enjoy all the rights, immunities, powers 
and privileges and be subject to all the duties and liabilities now 
appertaining to or incumbent upon them a^ a municipal corpora- 
tion. All existing property of the city shall remain vested in it, 
and all its existing debts and obligations shall remain obligatory 
upon it, under this revised charter. 



Section 
32. Same subject. 

To submit estimates of appropria- 
tions. 

To grant certain licenses and per- 
mits. 

Limitation of jurisdiction. 

Board of assessors, election and du- 
ties. 

Election of clerk. 

Organization of board. 

Offices and business hours. 

40. Meetings of board. 

41. Chairman of board. 
Duties of clerk of board. 
Employment of assistants. 
Books and records. 
Expenses to be certified. 
Police court continued; police foroe, 

how chosen and constituted. 
City clerk and other officers, how 

chosen. 
Removals from office. 
Alderman not eligible to other city 

office. 
Municipal officers not to deal with 

city. 
Salaries of mayor and aldermen. 
Prior enactments, when saved or 

repealed. 
Present incumbents of offices to hold 

over. 
Adoption by majority vote ; election, 

how conducted; votes, how re- 
turned. 
Takes effect, when. 



S3. 



34. 



35. 
36. 



39. 



42. 
43. 
44. 
45. 
46. 

47. 



49. 



50. 



51. 
52. 



53. 



54. 



Corporata 
existence 
continued. 



694 



Chapter 305. 



[1909 



Division into 
wards con- 
tinued. 



Division 
into school 
districts 
continued. 



Mayor and 
board of 
aldermen. 



Municipal 
elections, 
when held. 



Sect. 2. The city shall continue to be divided into nine wards as 
at present constituted, and except as herein otherwise provided the 
general laws relative to wards of cities, officers thereof, and voters, 
check-lists, elections and jurors therein shall be applicable to such 
wards; but the office of selectmen is hereby abolished in the city. 
and all the duties pertaining to that office shall hereafter be per- 
formed in each ward thereof by the supervisors of the check-list, 
who, for all purposes requiring such officers, shall be deemed select- 
men of the ward. 

Sect. 3. The present division of the city into school districts is 
hereby continued, and nothing herein contained shall in any way 
affecL its school districts or their government or affairs. The city 
shall continue to be divided into such water, sewer, lighting, 
sprinkling and garbage precincts as now exist until the board of 
aldermen hereby established shall ordain otherwise, but said board 
shall have all powers no^v vested in the existing city councils or 
either branch thereof relative to altering the boundaries of such 
precincts, abolishing them, or creating new precincts for the same 
or other purposes. 

iSect. 4. The administration of the fiscal, prudential, municipal 
and other affairs of the city and its several precincts, and the gov- 
ernment thereof, shall, except as herein otherwise provided, be 
vested in a principal officer to be called the mayor, a board to be 
called the board of aldermen, and a ])oard to be called the board of 
public works. The board of aldermen shall consist of the mayor as 
cx-ofjicio chairman and fifteen aldermen, sitting and acting together 
as a single body. The mayor and six of the aldermen shall be 
chosen by the qualified voters of the city at large, voting in their 
respective wards, and the other nine' aldermen one from each ward 
by the qualified voters thereof. The mayor and the six aldermen 
chosen at large, sitting and acting together as a single body without 
the participation of the aldermen chosen by individual wards, shall, 
ex officio, constitute the board of public works. In the case of each 
board, a majority shall constitute a quorum for the transaction of 
business. The city clerk shall act as clerk of each board, but the 
board of public works may employ additional clerical assistance if 
necessary. 

'Sect. 5. All city and ward officers who are to be elected by the 
legal voters of the city or of any ward therein, except moderators, 
ward clerks and supervisors of the check-list, shall be chosen at 
elections, hereinafter called municipal elections, to be holden on 
the third Tuesday of December in the year 1910, and biennially 
thereafter on the Tu&sday next following the first Monday of No- 
vember, beginning in the year 1911. 



1909] Chapter 305. 695 

Sect. 6. The candidates for all offices to be filled at such elec- Nominations, 
tions shall be nominated at primary elections, hereinafter called 
primaries, to be holden on the fonrth Tuesday preceding each 
municipal election. 

Sect. 7. The municipal elections and primaries shall be holden Elections and 

primaries, 

at the regular pollnig place m each ward, or if there be no such where held. 
regular polling place, at a suitable place in the ward provided and 
equipped for that purpose by the supervisors of the check-list of 
the ward at the expense of the city. 

Sect. S. The supervisors of the check-list in each ward shall P/eparation 

'■ . . of check-lists. 

make, post and correct a check-list for use at each primary in the 
manner in which check-lists are by law required to be prepared for 
use at general biennial elections. The cheek-list so prepared shall 
be further corrected for use at the succeeding municipal election at 
a session of the supervisors to be holden on the Saturday next pre- 
ceding such municipal election, ni:)tice of which session shall be 
given on the check-lists posted before the preceding primary ; and 
no further posting or notice shall be required before such municipal 
election. All provisions of the Public Statutes and amendments 
thereto regarding the preparation, use and preservation of check- 
lists used at general biennial elections shall apply to the check-lists 
used at the municipal elections and primaries, except as otherwise 
expressly provided herein. No person shall be entitled to vote at 
any municipal election or primary vrho would not be entitled to 
vote in the same ward at a general biennial election holden on the 
same date. 

Sect. 9. The municipal elections and primaries shall be con- Municipal 
ducted by the regular election officers of the wards, and all provi- conducted, 
sions of the Public 'Statutes and amendments thereto, penal or other- 
wise, relating to the warning and manner of conducting general 
biennial elections, and sealing and return of ballots and tally-sheets, 
and the record and return of the result of the vote, shall apply to 
such municipal elections and primaries except in so far as they are 
modified by the provisions of this act. And such municipal elec- 
tions and primaries shall be deemed to be elections within the 
meaning of all penal statutes relating to offenses against the purity 
of elections. The polls shall be open at each municipal election and 
primary from nine o'clock in the forenoon to six o'clock in the 
afternoon in each ward. 

Sect. 10. The official ballots for use at each primary shall be official pri- 
prepared by the city clerk, at the expense of the city, and no other 
ballot shall be used at such primary. Any person (pialified to be 
elected to any office to be filled at the succeeding municipal election 
shall be entitled to have his name printed upon such official ballots 
as a candidate for such office upon his filing with the city clerk, not 



mar >' ballots. 



696 



Chapter 305. 



1909 



Official elec- 
tion ballots. 



Preparation 
of ballots. 



Pluralitj' to 
elect. 



Tie vote for 
mayor. 



later than five o'clock in the afternoon of the fourth day before the 
primary, his declaration in writing that he is a candidate therefor, 
and paying to the city clerk, if a candidate for the office of mayor, 
the sum of five dollars, alderman-at-large, assessor or other officer 
to be chosen by the voters of the city at large, three dollars, and 
ward aldermen or other officer to be chosen by the voters of a 
single ward, two dollars. 

Sect. 11. The two candidates for mayor and (except as other- 
wise provided in sections 22 and 25 hereof) the six candidates for 
aldermen-at-large and the two candidates for assessors receiving 
the largest number of votes cast in the city at large at the primary, 
and the two candidates in each Avard receiving the largest number 
of votes cast at the primary for alderman from such ward, shall 
be entitled to have their names printed upon the official ballot to 
be used at the succeeding municipal election as nominees for such 
offices. In case any other officers than the foregoing are to be 
chosen at the succeeding municipal election, two candidates for each 
such officer to be chosen shall be nominated at the primary by plu- 
rality vote in the manner above set forth, and their names printed 
upon the official ballot to be used at such election. In case the num- 
ber of candidates receiving the largest number of votes at the 
primary for any office exceeds or falls short, by reason of a tie, of 
the number of candidates to be nominated for such office as above 
fixed, the names of all persons between whom the tie exists shall 
be printed upon such official ballot. The name of any legally quali- 
fied person shall also be printed upon such official ballot as a 
nominee for the office of mayor if within two vreeks after the 
primary a paper or papers requesting that his name be so printed, 
signed by not less than five hundred legal voters in the city, be 
filed with the city clerk; and the check-lists used at the primary 
shall be final and conclusive evidence as to whether the signers of 
such request are in fact legal voters in the city. 

Sect. 12. The official ballots for use at each municipal election 
shall be prepared by the city clerk, at the expense of the city, and 
no other ballot shall be used at such election. Upon such official 
ballots shall be printed the names of such candidates only as have 
been nominated in the manner provided by the preceding section. 

Sect. 13. The candidate for any office, or, where more than one 
person is to be chosen to any particular office, the requisite number 
of candidates, receiving the largest number of votes cast at the 
municipal election in the city at large or particular ward as the 
case may be, shall be declared elected to such office. 

Sect. 14. In case at any municipal election two or more candi- 
dates for the office of mayor shall receive the largest and an equal 
number of votes, a supplementary election for mayor shall be held 



1909] Chapter 305. 697 

on the second Tuesday after such municipal election, which supple- 
mentary election shall be warned and conducted in all respects as 
municipal elections are by this act required to be warned and con- 
ducted, except that only seven days' warning thereof shall be re- 
quired. The official ballot to be provided by the city clerk for use 
at such supplementary election shall contain only the names of 
those candidates who, at the municipal election, received the largest 
and an equal number of votes. 

Sect. 15. In case of a tie rendering impossible the determination Tie vote for 

^ . . other officers. 

of the choice to any other office or offices, the incoming board of 
aldermen, at its first meeting, shall by viva voce vote on roll-call 
choose from the candidates between whom such tie exists the person 
or requisite number of persons to fill such office or offices. In ease 
the board of aldermen are unable to make such choice, the choice 
shall be determined by the mayor at such meeting, by drawing lots 
between such candidates. 

Sect. 16. The olftcial ballots prepared by the city clerk for use Formofoffi- 
at the municipal elections and primaries shall conform as nearly as 
may be in form and manner of folding to the ballot prepared by the 
secretary of state for use at general biennial elections. All provi- 
sions of the Public Statutes and amendments thereto defining the 
duties of the secretary of state with reference to the printing and 
distribution of ballots, sample ballots, cards of instruction and other 
material for use at general biennial elections shall be followed by 
the city clerk in providing like material for use at the municipal 
elections and primaries, except so far as rendered inapplicable by 
the provisions of this act. 

'Sect. 17. Upon such official ballots the names of the candidates Names of can- 
for each office shall be grouped in the alphabetical order of their grouped, 
surnames, without party name or designation of any kind. Over 
each group shall be a statement of the office for which they are 
candidates and a direction as to the number of candidates to be 
voted for. Under each group shall be left as many blank spaces as 
there are persons to be elected to such office at the municipal elec- 
tion. At the right of each printed name shall be a square. The 
voter shall indicate his choice by making a cross in the square at 
the right of the printed name of each candidate for whom he 
desires to vote, or by Avriting the name of any person or persons 
for whom he desir&s to vote in the appropriate blank space or spaces. 
If a voter, either at a municipal election or the preceding primary, 
votes for more candidates for any office than are to be elected to that 
office at such municipal election, he shall be regarded as not having 
voted for any candidate for that office. Such official ballots shall be 
indorsed Primary Election of the City of Concord, or Municipal 
Election of the City of Concord, as the case may be, and Official Bal- 



698 



Ch.\pter 305. 



1909 



Disposition of 
ballots and 
tallvsheets. 



Recounts and 

contests. 



lot. with the date of the primary or election and a facsimile of the 
signature of the city clerk. 

Sect. 18. The ballots and tally-sheets used at each municipal 
election and primary shall be sealed up in the manner by law 
provided in case of general biennial elections, and returned by the 
ward clerk within twenty-four hours to the city clerk. A return of 
the result of the vote in each ward for all officers to be chosen or 
nominated at such election or primary, certified by the moderator, 
supervisors of the check-list and ward clerk, shall be made to the 
city clerk within the same time on blanks provided by him for that 
purpose; and the city clerk shall immediately record all such re- 
turns, and the same, together with his record thereof, shall be open 
to the inspection of any citizen. He shall submit his record of the 
returns of each municipal election and primary to the board of 
aldermen, at a meeting to be holden at seven o'clock in the after- 
noon on the Tuesday next following such election or primary, and 
the board of aldermen shall canvass the returns and declare the 
result. iSuch declaration shall be duly recorded by the citv clerk 
and, except as hereinafter provided, shall be conclusive a.s to right 
of the persons declared elected or nominated to hold the offices to 
which they are so declared elected, or to have their names printed 
on the official ballot to be used at the succeeding municipal election 
as nominees for such offices, as the case may be. 

'Sect. 19. Any candidate who is dissatisfied with the return of 
the vote at any municipal election or primary may have a recount 
of the vote cast at such election or primary for the office for which 
he was a candidate, or may contest the election or nomination as to 
that office on the ground of fraud or misconduct in relation to such 
municipal election or primary, by notifying the city clerk and all 
candidates for the same office who were returned as having received 
a larger number of votes than himself that he requests such recount 
or proposes to make such contest, by notice in writing left at the 
office of the city clerk and delivered in hand to or left at the usual 
place of abode of each of such other candidates at least twenty-four 
hours before the meeting of the board of aldermen at which the 
returns are to be canvassed. The board of aldermen, at said meet- 
ing or at an adjourned meeting or meetings specially held for that 
purpose within one week thereafter, shall thereupon recount the 
ballots in the presence of the interested parties, or shall proceed in 
the manner provided as to contested elections of mayor by Public 
Statutes, chapter 47, section 3, the provisions of that section being 
hereby made applicable to all contests of any such municipal elec- 
tion or primary so far as consistent with this act. The board of 
aldermen shall, not later than the second Tuesday after such elec- 
tion or primary, declare the result of such recount or contest, which 



1909] Chapter 305. 699 

declaration shall be duly recorded by the city clerk and shall be 
final and conclusive. The city clerk shall retain all packages con- 
taining ballots returned to him, unopened, until the time for de- 
manding a recount or contest has expired. In case of a recount or 
contest, they shall be produced by him unopened at the time and 
place of such recount or contest, and shall be opened by the mayor 
in the presence of the aldermen. 

Sect. 20. With reference to the primary and municipal election Election in 
for the year 1910, the duties imposed on the board of aldermen by 
the two preceding sections as to the canvassing of returns and re- 
counts and contests shall be performed by the existing city councils 
in convention. 

Sect. 21. In case anv officer chosen at a municipal election shall Vacancies, 
dechne the ofnce or die prior to the fourth Tuesday or January next 
following his election, the incoming board of aldermen shall fill the 
resulting vacancy at its first meeting in the manner hereinafter 
provided as to a like vacancy occurring after its inauguration. 

Sect. 22. At the primary preceding the municipal election for Terms of 
the year 1910, twelve candidates for aldermen-at-large shall be 
nominated instead of six. and six candidates for assessors nominated 
instead of two, and their names printed upon the official ballot to 
be used at such election. At such first municipal election there shall 
be chosen a mayor to serve for cne year, one alderman from each 
ward to serve for one year, six aldermen-at-large, of whom the three 
receiving the largest number of votes shall serve for three years 
and the other three for one year, and three assessors, of whom the 
one receiving the largest number of votes shall serve for five years, 
the one receiving the next largest number of votes for three years 
and the other for one year. At each succeeding municipal election 
there shall be chosen a mayor to serve for two years, one alderman 
from each ward to serve for two years, three aldermen-at-large to 
serve for four years, and one assessor to serve for six years. The 
mayor, aldermen and assessors so chosen shall hold their respective 
offices from the fourth Tuesday of January- next following their 
election, for the terms above specified and until their successors 
are chosen and qualified. 

Sect. 23. The mayor and aldermen so chosen shall meet at ten organization 

J 1 1 ■ 1 P T o 1 T n -r "^ mayor and 

clock m the forenoon on the fourth Tuesday of January next aldermen, 
following their election, in their capacity as the board of aldermen, 
for the purpose of taking their respective oaths of office, organiz- 
ing, adopting rules for the transaction of business by such board, 
and transacting any other business recpiired by law or ordinance 
to be transacted at such meeting. 

Sect. 24. In case a vacancy occurs in the office of mayor by death. Vacancy in 
resignation or otherwise, the board of aldermen shall choase one of how filled. 



700 



Ch-vpter 305. 



[1909 



Vacancies in 
other offices, 
hovr filled. 



Mayor, powers 
and duties of. 



the aldermen-at-large mayor for the residue of the unexpired term; 
and the person so chosen shall have the same powers and duties in 
all respects as if elected mayor by the people, and upon his qualify- 
ing as mayor his otfice as alderman shall be deemed vacant. In the 
event of the mayor's absence from the city, or disability from sick- 
ness or other cause, for such length of time as, in the judgment 
of tlie board of aldermen, renders such action necessary, such board 
may choose one of the aldermen-at-large acting mayor ; and the per- 
son so chosen shall thereupon have all the powers and perform all the 
duties of the mayor during the continuance of the latter 's absence 
or disabilit3^ but shall not thereby vacate his office as alderman. 

Sect. 25. In ease a vacancy occurs in the office of alderman from 
any cause, the board of aldermen shall choose some duly qualified 
person not already a member of that body to fill the same. A per- 
son so chosen in place of an alderman-at-large shall thereby become 
a member of the board of public works, but shall not be eligible 
to fill a vacancy in the office of mayor or be chosen acting mayor 
under the provisions of this section ; and if the alderman-at-large 
whose place he takes was elected for a term extending beyond the 
fourth Tuesday of January next following the first municipal 
election after the occurrence of the vacancy, he shall serve only 
until such municipal election, and an additional alderman-at-large 
shall be chosen by popular vote at that election to fill the vacancy 
for the remainder of such term. Whenever an additional alderman- 
at-large is to be chosen at a municipal election by virtue of this 
section, the number of candidates for alderman-at-large to be nom- 
inated at the preceding primary shall be double the total number of 
such aldermen to be chosen at such election, the three candidates re- 
ceiving the largest number of votes at such election shall be declared 
elected for the full term of four years, and the candidate or requisite 
number of candidates receiving the next largest number of votes 
shall be declared elected to fill the vacancy or vacancies. Vacancies 
occurring in the office of assessor, and, in case any officers other 
than mayor, aldermen and assessors shall be required to be chosen by 
popular vote at municipal elections, vacancies occurring in such 
other offices, shall be filled by the board of aldermen for the residue 
of the unexpired term, or until the first municipal election after the 
occurrence of the vacancy and then by popular vote for the balance 
of the term, as above provided concerning vacancies in the office of 
alderman and in like manner. 

Sect. 26. The mayor shall be the chief executive officer of the 
city, and cause its laws and ordinances to be executed and enforced ; 
.shall exercise a general supervision over the conduct of all sub- 
ordinate officers, and cause violations or neglects of duty by them 
to be punished; shall preside over all meetings of the board of alder- 



1909] Chapter 305. 701 

men and of the board of public works (but in his absence from a 
meeting of either board it may choose one of its members tem- 
porary chairman) ; may call meetings of the board of public works, 
and special meetings of the board of aldermen, whenever in his 
opinion there is occasion; shall from time to time communicate to 
-each of said boards, and to all subordinate offi'^ers. such information 
and recommendations relative to matters within their respective 
jurisdiction as, in his judgment, the interest of the city may require ; 
and shall have and perform such other powers and duties, not in- 
consistent with the provisions of this act. as now are or hereafter 
may be conferred or imposed upon him ])y municipal ordinance or 
upon mayors of cities by general law. 

Sect. 27. The mayor shall, at all times, have the right to intro- Same subject, 
duce bills and initiate other measures in the board of aldermen, and 
to speak therein upon pending measures without resigning the chair ; 
but he shall not be counted to make a quorum of such board, nor 
vote therein except in case of equal division. He shall have a \ 

negative upon all ordinances, resolutions and votes passed by it ex- 
cept such as relate (1) to the time, manner or order of its sessions 
or procedure, (2) to the filling of vacancies in its own membership, 
the choice of incumbents of other municipal offices or the filling of 
vacancies therein, or the confirmation or non-confirmation of persons 
appointed thereto by himself, or (3) to the determination of the 
nomination, election or qualification of candidates or officers nom- 
inated or elected at municipal primaries or elections, the determina- 
tion of the fitness of applicants for licenses, the removal of munici- 
pal officers for cause, the assessment of land damages, or other mat- 
ters of a judicial nature. He may exercise such negative by oral 
declaration at the meeting of the board at which the action by him 
disapproved is taken, or in the case of an ordinance, or of a resolu- 
tion containing an appropriation or contemplating an expenditure 
of money, by written declaration filed with the city clerk within 
seven days thereafter, stating the grounds of his disapproval ; and 
no ordinance, and no such resolution, shall take ei¥ect until the 
expiration of such seven days unless first signed by him. In the 
case of an ordinance or resolution containing distinct appropria- 
tions or other severable provisions, he may veto one or more of 
such appropriations or provisions and approve the remainder of 
the bill, plainly specifying above his signature thereto the items 
disapproved, whereupon the bill shall take eft:'ect in accordance 
with its terms except as to such items. No ordinance, resolution or 
vote, or part thereof, by him vetoed conformably to this section, 
shall take effect unless, on reconsideration, the same shall be 
passed over his veto by affirmative vote of at least ten aldermen on 
roll-call. 



■02 



Ch.vpter 305. 



1909 



To Vio member 
of board of 
public works. 



Board of al- 
dermen, 
powers and 
duties of. 



Committees of 
board of alder- 
men. 



Board of 
pnblie works, 
powers and 
duties of. 



Sect. 28. The mayor shall be a member of the board of public 
works fcr all purposes, including voting and the counting of a 
(piorum. He shall have no negative on the action of such board, 
but may in his discretion suspend the operation or execution of any 
vote or decision adopted by it until the same shall be approved by 
the full board of aldermen, by causing an order to that effect to be 
entered on the records of the board of public works, and com- 
municated to each member of the latter board and any other per- 
sons affected, within seven days after the adoption of such vote or 
decision and before any obligations have been incurred thereunder. 
The matter shall thereupon be laid before the board of aldermen at 
its next regular meeting or at a special meeting called for the pur- 
pose, and the action of said board confirming, annulling or revers- 
ing the vote or decision of the board of public works shall, subject 
to the negative given the mayor by the preceding section, be final 
and conclusive. 

Sect. 29. Except as herein otherwise provided, the board of 
aldermen hereby established shall have all the powers and discharge 
all the duties conferred or imposed upon city councils in conven- 
tion, city councils voting concurrently, or boards of mayor and 
aldermen acting separately, bv chapters 46 to 50 inclusive of the 
Public Statutes or other general laws now in force or hereafter 
enacted, or upon the existing city councils or board of mavor and 
aldermen of the city of Concord by special laws not hereby re- 
pealed. All provisions of such laws pertaining to the power.s or 
duties of any of such bodies shall be construed to apply to the 
board of aldermen hereby established unless a contrary intent 
herein appears, it being the purpose of this act to confer upon said 
board all functions of either or both branches of the existing city 
councils, whether legislative, executive, administrative or judicial, 
except those conferred upon the mayor and the board of public 
works. 

Sect. 30. The members of all standing committees of the board 
of aldermen shall be appointed by the mayor, subject to the ap- 
proval of the board. No ordinance, and no resolution containing an 
appropriation or contemplating an expenditure of mone^^ shall be 
laid before the board of aldermen for action until the signature of 
the mayor or alderman introducing the same, or, if introduced by a 
committee, the signature of such committee by its ch-airman, is 
endorsed thereon. Upon the final passage of every resolution or 
ordinance containing an appropriation or contemplating an ex- 
penditure of one hundred dollars or more, the vote shall be taken 
by yeas and nays on roll-call. 

Sect. 31. The board of public works hereby established shall 
have full charge, direction and control of the construction, recon- 
struction, maintenance, repair and improvement of public streets, 



1909] Chapter 805. ^03 

highways, bridges, sidewalks, sewers and drains, of the sprinkling of 
streets, and of the eolleetion and disposal of garbage, and full 
power to establish new and discontinue old public sidewalks, sewers, 
drains and street lights, within the limits of the city and of such 
sewer, sprinkling, garbage and lighting precincts therein as now 
exist or may hereafter be created bv the board of aldermen. Sub- 
ject to the right of the mayor to cau.se any vote or decision adopted 
by it to be reviewed by the full board of aldermen, the board of 
public works shall have and exclusively exercise and discharge 
relative to the foregoing subjects all the powers and duties now 
reposed by law or ordinance in the existing city councils, board of 
mayor and aldermen, street commissioner or any other officer or 
committee of the city, or in the selectmen or highway agents or sur- 
veyors of towns; provided, that nothing herein contained shall be 
construed as empowering said board to raise, appropriate or borrow 
money, to lay out new or discontinue existing highways, to enter 
into general contracts for street lighting, or to enact ordinances 
regulating the use of the highways and sewers or other local laws, 
these functions being hereby vested in the full board of aldermen. 

'Sect. 32. The board of public works shall have the expenditur;^ Same subject. 
of all appropriations voted by the board of aldermen for any pur- 
pose specified in the preceding section, and all bills for expenditures 
for such purposes shall be approved by a majority of its members 
before being paid by the city treasurer. The services of the city 
engineer shall be at the disposal of the board of public works at all 
times, and all work done bv him regarding the subjects enumerated 
in the preceding section shall be under its direction. Said board 
shall employ a superintendent of streets and such other agents and 
emploj'ees as it may deem necessary for the proper execution of the 
details of the work under its charge, prescribe their duties, and fix 
their compensation ; and such superintendent and other sub- 
ordinates shall act in all respects in accordance with its plans and 
directions, and may be removed by it at pleasure. It shall have 
charge of all horses, vehicles, machinery, tools, materials and equip- 
ment owned by the city for the purposes of such work; may from 
time to time purchase all new equipment required for such pur- 
poses, and sell any discarded or surplus equipment; may make 
such regulations for its own government, and for the government 
of its subordinates and of the property under its charge, as it may 
deem expedient ; and may, in its discretion, procure the perform- 
ance of any work under its charge by contract, and for that purpose 
call for proposals and make and execute in the name and on behalf 
of the city a suitable contract therefor with the lowest responsible 
bidder, taking from him proper security for the performance of 
such contract; but no such contract shall call for the expenditure 



"(M 



Chapter 305. 



1909 



To submit 
estimates of 
appropria- 
tions. 



To grant cer- 
tain licenses 
and permits. 



of a sum exceeding the amount appropriated or available for such 
work. 

Sect. 33. The board of public works shall, as early as practica- 
ble in each year, submit to the board of aldermen or its committee 
on finance a detailed estimate in writing of the appropriations re- 
quired for that year for the purposes referred to in the two pre- 
ceding sections; and whenever at other times a special appropria- 
tion shall, in its judgment, be required for any of such purposes, 
it shall submit to the board of aldermen a written request therefor. 
The board of aldermen shall make no appropriation for any of such 
purposes, other than fixed charges and general maintenance and 
repairs, unless an appropriation for that purpose has first been re- 
quested by the board of public works ; and the latter board shall 
undertake no highway or sewer work in the nature of new con- 
struction or permanent improvement unless an appropriation there- 
for has first been granted by the board of aldermen, nor undertake 
work of any kind, except in cases of emergency, the anticipated 
cost whereof will exceed the amount appropriated or available for 
the purpose. At the close of each year the board of public works 
shall make a detailed report to the board of aldermen of its doings 
for that year, which report shall be published with the reports of 
the other municipal departments. 

Sect. 34. The board of public works shall also have exclusive 
jurisdiction, subject to the laws of the state and to such lawful 
regulations in the premises as the board of aldermen may from time 
to time ordain for its guidance and for the public protection and 
convenience, to grant, deny and revoke permits and licenses for 
making excavations in, moving buildings along, or placing and 
maintaining poles, wires, pipes or other structures in, over or under 
the streets, highways or sidewalks of the city, to fix the terms and 
conditions of such permits and licenses, to prescribe and change the 
locations and compel the repair or removal of such structures, and 
to exercise within the city all powers by law conferred on boards of 
mayor and aldermen or other municipal officers relative to the loca- 
tion, relocation and manner of construction of street-railway tracks. 
Authority to grant permits for excavations and other temporary 
obstructions, and to designate the particular portions of streets in 
which structures there authorized shall be located, may be delegated 
by it to the superintendent of streets or other officers or agents, 
under such limitations as it may prescribe. Wlienever any street, 
highway or sidewalk in the city is obstructed or occupied in any 
manner mentioned in this section without statutory authority or a 
permit or license from said board or its authorized agent, or in 
violation of the conditions of such permit or license or of its lawful 
orders, it may abate the offending obstruction or structure as a 
public nuisance. 



1901: 



Chapter 305. 



705 



Sect. 35. Except as hereinafter provided, the preceding section Limitation of 

. „ , J , ., , , jurisdiction. 

shall not be construed to prevent the opening oi streets by the board 
of water commissioners and its subordinates for the purposes of the 
city water-works, or by the proprietors of gas pipes or other author- 
ized structures therein for the making of needed repairs upon the 
same, without a permit from the board of public works ; but no 
paved, concreted, asphalted or macadamized street shall be so opened 
without such permit except in cases of emergency or actual neces- 
sity; the portion of any street so opened shall be restored by or 
under the direction of the board of public works, and the expense 
thereof charged to the account of the water-works or paid by the 
private proprietors opening the same ; and when notified that per- 
manent improvements are to be made on any street, the board of 
water commissioners and the proprietors of all gas pipes or other 
private structures therein shall inspect their respective pipes and 
structures in such street, and make all needed alterations and re- 
pairs thereof, within such reasonable time as the board of public 
works may direct. So far as practicable, the boards of public works 
and of water commissionei's shall eonduct all work under their 
charge, involving the improvement or opening of streets, in accord- 
ance with permanent and harmonious plans; and to that end the 
mayor shall from time to time convene the two boards in joint ses- 
sion for consultation, so that each may be informed of the work 
planned by the other and arrange its own work conformably there- 
with. 

Sect. 36. There shall be in the city a board of assessors con- 
sisting of three members, who shall have all the powers and be sub- 
ject to all the liabilities by law conferred or imposed on assessors of 
taxes in cities, and perform such further duties as the board of 
aldermen may from time to time prescribe by ordinance. The first 
mombers of such board of assessors shall be chosen at the municipal 
election for the year 1910, to serve for one, three and five years 
respectively from the fourth Tuesday of January, 1911, and at each 
succeeding municipal election one assessor shall be chosen to serve 
for six years from the fourth Tuesday of January next following, 
in place of the assessor whose term then expires, as hereinbefore 
provided; and vacancies occurring in the office of assessor from 
any cause shall be filled in the manner provided by sections 21 and 
25 of this act. 

Sect. 87. The board of aldermen, on the fourth Tuesday of Election of 

clerk. 

January in the years 1911, 1912, and biennially thereafter, shall 
choose one member of the board of assessors to act as clerk thereof 
for a term of two years ; except that the term of the clerk chosen in 
the year 1911 shall be one year. In case the office of clerk shall become 
vacant from any caiLse, the board of aldermen, after filling the 



Board of 

assessori!, 
election and 
duties. 



'06 



Chapter 305. 



1909 



Organizatioa 
of board. 



OfSces and 
businesi hour; 



Meetings of 
board. 



Cl'airmaa 
01 board. 



Duties of 
clerk of 
board. 



Employment 
of assistants. 



vacancy in the board of assessors, if any, shall choose one member 
of said board to act as clerk thereof for the residue of such term. 

Sect. 38. The board of assessors shall meet for taking their 
oaths of office and organization at three o'clock in the afternoon on 
the fourth Tuesday of January, in the years 1911, 1912, and bien- 
nially thereafter. At such meeting they shall choose one of their 
number to act as chairman for a term of two yeans; except that the 
term of the chairman chosen in the year 1911 shall be one year. 
The member acting as clerk shall receive the sum of fifteen hundred 
dollars annually, and the other members each the sum of seven hun- 
dred and fifty dollars annually, in full for their services. 

Sect. 39. The board of asses.sors shall have an office in the city 
hall, assigned and furnished for that purpose by the board of 
aldermen. The clerk shall attend at such office regularly not less 
than six hours during the business hours of each day, Sundays and 
holidays and such reasonable leaves of absence as may be voted him 
by the board excepted; but he shall not be obliged so to attend in 
the afternoon of Saturdays. During his absence for any cause, an- 
other member of the board shall attend at such office daily during 
the regular office hours. 

Sect. 40. The board of assessors shall hold regular meetings at 
such office for the transaction of business during stated hours, on 
at least two days in each week throughout the year. During the 
months of April, ]May, June and July at least one member of the 
board, in addition to the clerk, shall be in attendance at such office 
daily during biisiness hours. And the board shall hold such addi- 
tional meetings, in the day time or evening, as may be necessary 
to give all taxpayers a convenient opportunity to be heard. 

Sect. 41. The chairman shall preside at all meetings of the board 
of assessors, and shall have a voice and vote, equally with the other 
members, on all questions coming before the board for decision. 

■Sect. 42. The clerk of the board of assessors, with the assist- 
ance of the other members and such clerical assistance as may be 
furnished by vote of the board of aldermen, shall keep all the books, 
accounts and records of the board, conduct its correspondence, and 
generally act as its executive officer, subject to the direction of the 
majority of the board as to the methods of performing such duties. 

iSect. 43. The board of aldermen may by ordinance authorize 
the board of assessors to employ assistants, not exceeding one in each 
ward, to aid in making the lists of ratable polls, such assistants to be 
employed not exceeding two weeks in each year, at a compensation 
of two and one-half dollars a day. It may also, by ordinance, 
authorize the employment of such clerical assistance as may be 
required by the board o±' assessors, and fix the amount to be ex- 
pended for such assistance. 



1903] Chapter 305. 707 

iSect. 44. All books and records of the board of assessors shall Books and 
be the property of the city, and shall at all times be open to public 
inspection during the office hour's of the clerk. 

Sect 45. The accounts for the reasonable expenses of the board Expenses to be 

certified. 

of assessors shall be certified by a majority of the l)oard, and upon 
'approval l)y the l)oard of aldermen shall l)e paid by the city 
treasurer. 

Sect. 46. The police court of the citv, as at present constituted, Police court 

-,„-'. . . -11 continued; 

is hereby continued. The board of police commissioners is hereby police force, 
abolished, and the board of aldermen may enact such ordinances a,ui consti- 
for the government of the police force as it deems expedient, not ^"''"'^" 
inconsistent with the provisions of this act or the laws of the state. 
The permanent police force shall consist of a city mar.shal, an as- 
sistant city marshal, a captain of the night watch, and so many 
regular police and night watch, not less than ten nor more than 
twenty, and so many permanent reserve police, as may be pre- 
scribed by ordinance ; and the city marshal shall designate one of 
the regular police and night watch as sergeant and one of the per- 
manent reserve police as captain of the reserve. No member of 
said force, except reserve members, shall engage in any other 
occupation, or hold any other state, county or municipal office. In 
addition to such permanent force, the city marshal may from time 
to time appoint such temporary special police as may be necessary 
or as the board of aldermen may authorize or direct, and dismiss 
them at pleasure. The officers and members of the permanent police 
force when this act takes effect, and those hereafter appointed, shall 
continue to hold their respective oifices during good behavior; but 
the board of aldermen may remove the city marshal or assistant 
marshal for due cause as provided in section 48 hereof, and the city 
marshal may suspend for not exceeding sixty days, and subject to 
the approval of the board of aldermen may dismiss, any sub- 
ordinate member of the force except the assistant mai'shal for in- 
subordination, inefficiency, or any other cause deemed by him 
sufficient, which cause shall be specified in the order of suspension 
or dismissal. The board of aldermen shall choose the city marshal 
and assistant marshal whenever said offices become vacant from any 
cause; all subordinate members of the force shall, when vacancies 
occur, be appointed by the city marshal subject to confirmation by 
the board of aldermen ; and in the event of an increase or reduction 
in the numbers of the force, the city marshal shall appoint such 
new members (subject to like confirmation) or dismiss such exist- 
ing members thereof as may be necessary. The city marshal shall, 
under the mayor, have precedence, command, control and direction 
of the assistant marshal and all other police of the city, and shall 
cause the laws of the state and municipal ordinances to be executed 



708 



Chapter 305. 



1909 



City clerk and 
othet officers, 
how chosen. 



Removals 
from office. 



and enforced within the city, and perform all other duties imposed 
upon him by ordinance or upon similar ofiicers by general law. In 
his absence the assistant marshal, and in the latter 's absence the 
captain of the night watch, shall have such precedence and command 
and discharge such duties. 

Sect. 47. The city clerk, the city treasurer and all other officers 
established by law or ordinance, except school district officers, the 
justices and clerk of the police court, and officers whose selection is 
committed to popular vote or to the board of public works or other- 
wise provided for by this act, shall, in all cases where salaries or 
other compensation for services payable from the municipal treasury 
are attached to their offices, be chosen by the board of aldermen, 
and shall in all other cases be appointed by the mayor subject to 
confirmation by said board, and all vacancies occurring in such 
offices shall be filled in the same manner; provided, that heads of 
departments, the board of water commissioners and other like officers 
may be authorized by ordinance to select their respective sub- 
ordinates, subject to such regulation in the premises as such ordi- 
nances may prescribe. In filling vacancies in the office of mayor or 
in its own membership, and in choosing assessors and all other offi- 
cers whose selection is hereby committed to it and filling vacancies 
in such offices, the board of aldermen shall invariably act by viva 
voce vote on roll-call and not by ballot or other different method ; 
and whenever said board shall decline to confirm or approve his 
appointment of any officer to be appointed by him. the mayor may 
again put the question and take thereon a yea and nay vote by roll- 
call. Except where otherwise provided by this act. the board of 
aldermen may by ordinance prescribe the times for choosing or 
appointing all officers to be chosen by it or appointed by the mayor, 
and fix their compensation and terms of office or make such terms 
of indefinite duration. But nothing contained in this section shall 
be construed to affect the exclusive power of the board of public 
works, under section 32 of this act, to select its own subordinates 
and determine their duties, terms of service and compensation. 

Sect. 48. The board of aldermen may, on specific charges and 
after due notice and hearing, at any time remove from office the 
mayor, one of its own members, the city marshal, assistant marshal, 
or a member of the board of assessors for prolonged absence from 
or other inattention to duty, mental or physical incapacity, incom- 
petency, crime, immorality, or misconduct in office, by affirmative 
vote on roll-call of at least ten aldermen. Any other officer chosen 
by the board of aldermen may be removed by it at pleasure by 
majority vote ; any officer appointed by the mayor may be removed 
by him at pleasure by written order, and no approval of such order 
by the board of aldermen shall be required; and any officer selected 



1909] Chapter 305. 709 

by a subordinate board, department head or other like ot^cial under 
authority of an ordinance may be removed in such manner as the 
city ordinances may prescribe ; provided, that the board of public 
works shall have exclusive authority to dismiss its own appointees 
and employees. The removal under this section, with or without 
cause, of a person elected, appointed or otherwise chosen for a fixed 
term shall give him no right of action for breach of contract ; and 
vacancies thereby occasioned in any office shall be filled in the same 
manner as if the vacancy had resulted from death or other cause. 

Sect. 49. No alderman shall, during his term as such, be eligible Aldermen not 

. . , ^^ . IP eligible to 

to hold any other municipal office except acting mayor, member of other office. 
the board of public works, and volunteer member of the fire de- 
partment; and no board or commission established in the city and 
empowered to select subordinates shall, except where expressly au- 
thorized by the law or ordinance creating it, select one of its own 
members for any position to which a salary or other emolument is 
attached. 

Sect. 50. No alderman or other officer shall, during his term of Municipal 
office, sell to or buy from the city any goods or commodities other- deal with city. 
wise than by open, competitive public bid; no member of the board 
of assessors shall participate in the appraisal for taxation of any 
property in which he is interested, either alone or with others, as 
owner, trustee, administrator, agent or attorney, or which is owned 
by a person, firm or corporation employing him or by a corporation 
in which he is a stockholder ; and no member of the board of alder- 
men, board of public works, or any other municipal body invested 
by law or ordinance with discretionary powers and duties, shall vote 
therein relative to any matter in which he is interested otherwise 
than as a citizen and taxpayer. Any official violating any provi- 
sion of this section shall forthwith be removed from his office by 
the board of aldermen under section 48 of this act, and shall, on 
conviction of such violation, be deemed guilty of bribery. 

Sect. 51. The salary of the mayor shall be fifteen hundred dollars Salaries of 
per annum, payable monthly. The salary of each alderman who is Tid'ermen. 
a member of the board of public works shall be two hundred dollars 
per annum, and the salary of each alderman not a member of the 
latter board seventy-five dollars per annum. The salaries of the 
aldermen shall be payable at the end of each financial year. There 
shall be deducted from the salary of each alderman the sum of three 
dollars for each regular or special meeting of the board of alder- 
men, and, if a member of the board of public works, for each regular 
or special meeting of the latter board, which the record of the city 
clerk shall show he failed to attend ; except that a 'member of either 
board may be excused for unavoidable non-attendance at any of its 
meetings, by vote of a majority of the members thereof, and no de- 

26 



710 



Chapter 305. 



1909 



Prior enact- 
ments, when 
saved or re- 
pealed. 



Present in- 
cumbents to 
hold over. 



duetion shall be made on account of such non-attendance if such 
excuse is voted. But engagements of a business or social nature shall 
not constitute a ground for such excuse. Unless otherwise provided 
by this act or by other statutes not hereby repealed or superseded, 
the compensation for services of all other city and ward officers, 
except appointees and employees of the board of public works, may be 
fixed by ordinance or determined in such manner as the city ordi- 
nances may prescribe. 

Sect. 52. So much of the original charter of said city, approved 
July 6, 1849, and of the special acts since passed in amendment or 
supplement thereof, as is now in force relative to the constitution 
and bounds of its several wards, to its school districts and sewer, 
lighting 'and other special precincts and their government and af- 
fairs, to its water-works, police court, and overseers of the poor, 
and to the borrowing of money in aid of its school districts and the 
appropriation of money for the observance of Memorial Day, is 
hereby continued in force, with the exception of such provisions as 
are inconsistent with this act ; but all special legislation relative to 
the government of said city, not herein expressly saved, is hereby 
repealed. All general laws relative to the government of cities 
shall remain in force in said city so far as the same can be applied 
consistently with the intents and purposes of this act, but shall be 
deemed superseded as to said city by this act so far as inconsistent 
herewith. The board of aldermen hereby established shall cause 
the city ordinances to be thoroughly revised conformably with this 
act as soon as practicable ; pending such revision all existing ordi- 
nances and other municipal regulations shall remain in force so 
far as the same can be applied consistently with the intents and 
purposes of this act, but are hereby annulled so far as inconsistent 
herewith. In all existing laws, ordinances and regulations hereby 
saved, references to the city councils, board of mayor and alder- 
men, street commissioner or other bodies or officers hereby abolished 
or superseded, or to bodies or officers whose constitution or func- 
tions are hereby altered, shall be taken to mean the body or officer 
upon whom jurisdiction of the matter in question is conferred by 
this act. 

Sect. 53. The incumbents, when this act takes effect, of all 
municipal offices not hereby abolished or superseded shall con- 
tinue to hold the same until their successors are chosen and quali- 
fied or such offices are abolished or superseded by lawful ordi- 
nances ; and the incumbent of the office of street commissioner when 
this act takes efifect shall act in the capacity of superintendent of 
streets and receive the same compensation as heretofore until the 
board of public works shall otherwise order, but subject in all 
respects to the directions of such board. 



1909] Chapter 305. 711 

Sect. 54. This act shall not take effect unless it is adopted by a Adoption by 
majority vote at a special election to be holden in the city of election, how ' 
Concord on the second Tuesday af May, 1909. The selectmen of vot"et?how' 
the several wards in said city shall warn the meetings to be holden returned. 
in their respective wards to pass upon the adoption of this act, in 
the manner required for the warning of regular biennial elections. 
They shall insert in their warrant an article providing fo» taking 
the sense of the qualified voters upon the following question : Shall 
the provisions of an act entitled "An Act to revise the Charter of 
the City of Concord" be adopted? The city clerk shall seasonably 
furnish to the selectmen of the several wards the requisite number 
of warrants and copies of the same in proper form for posting and 
making their return thereof. The city clerk shall prepare the bal- 
lots for use at said election. The number of ballots furnished for 
use in each ward shall be the same as is by law required to be 
furnished for use at regular biennial elections, and the laws gov- 
erning the preparation and furnishing of ballots by the secretary 
of state for use at regular biennial elections shall be followed by 
the city clerk so far as applicable. The ballots shall bear on their 
face the words City of Concord, Special Election, May 11, 1909 
and the question 'Shall the provisions of an act entitled "An Act to 
revise the Charter of the City of Concord" be adopted? Beneath 
said question shall be printed the word Yes and the word No, with 
a square immediately opposite each of said words, and the voter 
shall indicate his choice by making a cross in the appropriate 
square. The ballots shall be endorsed on the back City of Concord, 
Special Election, May 11, 1909. Official Ballot, with a facsimile 
of the signature of the city clerk. Said election shall be conducted 
by the regular election officers in each ward, and all laws applicable 
to regular biennial elections with reference to the correcting, revis- 
ing, use and preservation of check-lists, the preparation of voting 
places, the manner of conducting the election, the counting, record 
and return of votes, the sealing and preservation of ballots and 
tally-.sheets, and the duties of election officers, shall apply to and 
govern said election, except as herein expressly modified. The polls 
shall be open for the reception of ballots in each ward from nine 
o'clock in the forenoon until six o'clock in the afternoon. The 
official return of the vote, and the ballots and tally-sheets, duly 
sealed up, shall be delivered by the ward clerks to the city clerk 
within twenty-four hours after the close of said election. The city 
clerk shall seasonably furnish to the several ward clerks suitable 
blanks for making such returns. The board of mayor and aldermen 
shall meet at two o'clock in the afternoon of Thursday, May 13, 
1909, at the council chamber. The city clerk shall at that time 
open and lay before them the returns of the votes in the several 



712 Chapter 305. [1909 

wards, and they shall canvass the returns and declare the result, 
\vhich shall be duly recorded by the city clerk. If it shall appear 
that a majority of those voting at said election have voted in the 
affirmative, this act shall be declared to have been adopted. Other- 
wise, it shall be declared not to have been adopted. Ten or more 
legal voters of the city may within one week after such canvass file 
with the city clerk a petition in writing, requesting a recount of 
the votes cast at said election. In such case, the city clerk shall 
within three days thereafter, in his office, open the packages con- 
taining the ballots used at said election, in presence of the mayor 
and the city solicitor. The mayor, city clerk and city solicitor shall 
thereupon recount the ballots and declare the result, which shall be 
duly recorded by the city clerk, and shall be conclusive as to the 
result of said election. Said election shall be deemed to be an elec- 
tion within the meaning of aill penal statutes of the state relating 
to offenses against the purity of elections, the conduct of elections, 
and the duties of supervisors of the check-list, moderators, ward 
clerks, selectmen, inspectors of elections, and all other persons 
having any duty to pertform with reference to said election. 
Takes effejt, Sect. 55. Section 54 of this act .shall take effect upon its pas- 

sage, and if adopted at the special election provided for in said 
section, the remainder of this act shall take effect as follows : So 
much as relates to the preliminaries for and the holding and con- 
duct of the first municipal eiection and primary, and to the duties 
of the existing city councils under section 20 hereof in relation to 
such election and primary, shall take effect immediately upon such 
adoption. So much as abolishes the existing boards of selectmen 
and transfers their duties to the supervisors of the check-list shall 
take effect at the close of the next general biennial election ; and at 
such election no mayor, aldermen, eouncilmen, assessors or select- 
men shall be chosen. For all other purposes, the act shall take 
effect on the fourth Tuesday of January', 1911. 
[Approved April 6, 1909.] 



when. 



1909' 



Chapter 306. 



713 



CHAPTER 306. 

AN ACT TO AUTHORIZE THE MEREDITH VILLAGE FIRE DISTRICT TO 

REFUND ITS BONDS. 



Section 

1. Refunding authorized. 

2. Issue of new bonds. 

3. Issue of notes. 



Section 

4. Exemption from taxation. 

5. Takes effect on passage. 



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

Section 1. The Meredith Village Fire District is hereby author- Refunding 
ized to refund at a lower rate of interest any or all of its bonds ''^'^'•lo'"'^^^. 
issued under the authority of section 6 of chapter 231 of the Laws 
of 1893 and section 1 of chapter 163 of the Laws of 1897, and for 
that purpose may issue new bonds of the district, to be signed by 
the secretary of the water commissioners and countersigned by the 
president thereof, and payable at such times and at such rate of 
interest (less than four and one-half per cent.) as said district may 
determine ; and such bonds shall be valid and binding upon said 
district. 

Sect. 2. Said district may, from time to time, purchase bonds issue of 
issued under said acts, and may issue such new bonds to provide °^^' 
the purchase money therefor ; or may issue new bonds in exchange 
for bonds issued under said acts. All bonds so purchased or re- 
ceived in exchange shall be cancelled or destroyed. 

'Sect. 3. Said district may issue notes of the district, to be signed issue of 
by the secretary of the water commissioners and countersigned by 
the president thereof, and payable on demand and at such rate of 
interest as the district may determine, to provide temporarily for 
the purchase of bonds as aforesaid or for the premium on bonds 
exchanged, or to provide for sums necessary in such refunding and 
less than the amount of a single bond. 

Sect. 4. Said district may provide that said bonds, and said Exemption 

. „ , „ ' . 1111 p from taxation. 

notes II at less than nve per cent, interest, shall be exempt irom 
taxation when held by residents of the district. 

iSect. 5. This act shall take effect on its passage. Takes effect 

' ° on passage; 

[Approved April 8, 1909.] 



714 



Chapter 307, 



1909 



■CHAPTER 307. 



Corporation 
constituted ; 
purposes. 



First meetins 



Takes effect 
on passage; 
subject to 
repeal. 



AN ACT TO INCORPORATE THE FARMERS' MUTUAL FIRE INSURANCE COM- 
PANY OF BARTLETT, JACKSON AND CONWAY. 



Sectiok 

1. Corporation constituted; purposes. 

2. First meeting. 



Section 

3. Takes effect on passage; subject to 
repeal. 



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

Section 1. That 0. S. Lucy, F. R. Hanscom, A. L. Stilliugs, F. 
H. Robinson, F. S. iBurnell, and F. H. Boothby, all of Bartlett ; their 
associates, successors, and assigns, shall be and hereby are made a 
body politic and corporate by the name of the Farmers' ]\Iutual 
Fire Insurance Company, of Bartlett, Jackson and Conway, for the 
purpose of insuring against fire and lightning, farm buildings of 
adl kinds, dwelling-houses, barns, and stables ; also household goods, 
farming tools, hay and grain ; to be conducted on the purely mutual 
plan ; and by that name may sue and be sued, prosecute and defend 
to final judgment and execution, and are hereby vested with all 
powers and subject to all liabilities incident to corporation>s of a 
similar nature. 

Sect. 2. Any two of the corporators named in this act may call 
the first meeting by ten days' notice in writing to each of the 
corporators of the time and place of meeting. At said meeting or 
any subsequent one, associates may be elected, and such by-laws and 
regulations adopted as may be necessary to carry into effect the 
provisions of this act. 

Sect. 3. This act shall take effect upon its passage and the 
legislature may alter, amend, or repeal the same whenever the pub- 
lic good requires. 

[Approved April 8, 1909.] 



1909] 



Chapter 308. 
CHAPTER 308. 



715 



AN ACT TO INCORPORATE THE CONWAY ELECTRIC LIGHT AND POWER 
COMPANY OF CONWAY. 



Section 

1. Corporation constituted. 

2. Capital stock. 

3. Purposes. 

4. May sell and distribute electricity. 

5. Power to hold property. 



Section 

6. Location of wires. 

Right of eminent domain. 
First meeting. 

Subject to repeal; repealing clause; 
act takes effect on passage. 



7. 



9. 



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



Corporation 

constituted. 



Section 1. 'Sewall ]M. Hobson, A. Crosby Kennett, J. Fred 
Shackford, Joel E. Morrill, H. Boardman Fifield, John H. G-arland, 
John E. Potter, Otis B. Merrill, Alton M. Shorey, Elisha B. Carl- 
ton, B. Frank Home. AVilliam C. Kennett and Philip S. Davis, and 
their successors and assigns, shall be, and hereby are made, a body 
politic and corporate by the name of The Conway Eilectric Light 
and Power Company, to be located in said Conway in this state, 
and are hereby vested with all the authority, powers and privileges, 
and subject to the liabilities incident to corporations of a similar 
nature. 

Sect. 2. The capital stock of said corporation shall not exceed capital stock, 
fifty thousand dollars ($50,000) ; it may acquire and hold real and 
personal estate necessary and convenient for carrying out the 
provisions of this act ; and it may issue bonds and other obligations, 
secured by mortgage of its franchise and other property, to carry 
out the purposes for which it is created. 

Sect. 3. This corporation shall have power and authority to Purposes, 
manufacture machinery and appliances connected with and inci- 
dent to the use of, and convenient for producing, developing, meas- 
uring, and utilizing electricity, and electrical agencies for ligTit- 
ing, power, heating and mechanical purposes. 

Sect. 4. This corporation shall have power and authority to sell 
and distribute electricity through said town of Conway; may 
regulate the use of the same, and fix and collect rents to be paid 
for the same. The said town and precincts therein are hereby 
authorized to contract with said corporation for electricity for pub- 
lic uses, on such terms as the parties may agree and to raise money 
therefor in the same manner as any other town and precinct charge. 

Sect. 5. Said corporation shall have power and authority to take 
and hold by purchase any real estate or personal property neces- 
sary or convenient for carrying out the purposes for which this 



May sell and 

distribute 

electricity. 



Power to hold 
property. 



716 



Chapter 308. 



1909 



Location of 
wires. 



Right of emi- 
nent domain. 



First meeting. 



Subject to re- 
peal ; repeal- 
ing clause; act 
takes effect 
on passage. 



corporation is created; and it shall have power and authority to 
obtain, manage, and dispose of personal or real estate to an amount 
equal to its capital stock. 

Sect. 6. Said corporation may erect poles and place wires for 
the transmission of electricity, or may lay the same in subter- 
ranean tubes, through, or over the lands of any person or corpora- 
tion, and under or over any railroad or private way, and. having 
first obtained the permission of the municipal officers of said town 
or precincts, and under such restrictions and regulations as they 
may prescribe, along the streets and ways of said town ; and may 
enter upon and dig up any such real estate, street or way for the 
purposes aforesaid ; and it may do any other thing or act necessar\' 
or convenient or proper to carry out the purposes for which this 
corporation is created. 

Sect. 7. Said corporation is hereby authorized to enter upon 
and take any real estate, including any right of way or easement, 
and personal property belonging to any individual, partnership or 
corporation, under and by virtue of the laws of eminent domain; 
provided that if it be necessary to enter upon and appropriate 
any private property or easement therein, and said corporation 
shall not. be able to agree with the owner thereof for the damages 
that may be done by said corporation, or the owners shall be un- 
known, either party may apply to the superior court, at a trial 
term of the same in the county of Carroll to have the same laid out, 
and the damages determined; and said court shall refer the same 
to the county commissioners for said county, \Vho 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 highway's, 
and said commissioners shall make report to said court, and said 
court may issue execution thereon accordingly. The provisions of 
this section shall not be so construed as to allow the taking of any 
of the property of any existing electric light or power company. 

Sect. 8. Any person named in this act may call the first meeting 
of the corporation by personal notice to all the grantees, or by 
posting notices in two or more public places in said town at least 
ten days before such meeting, at which meeting, or any other 
meeting duly holden, associates may be elected, by-laws adopted, 
and a president, clerk or such other officers and agents as may be 
determined necessary, may be chosen. 

Sect. 9. The legislature may alter, amend or repeal this act 
whenever the public good may require the same, and all acts in- 
consistent with this act are hereby repealed, and this act shall take 
effect upon its passage. 

[Approved April 8. 1909.] 



1909 



Chapters 309. 310. 



717 



CHAPTER 309. 



AN ACT TO EXEMPT THE ELLIOT HOSPITAL OF THE CITY OF MANCHES- 
.TER FROM TAXATION. 



Section 

1. Property exempted. 



Section 

2. Takes effest on passage. 



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

Section 1. As the Elliot Hospital of the city of Manchester is a Property 

• exempted. 

charitable institution without profit to any person, all property 
now owned or however hereafter acquired by said hospital for the 
purposes of said hospital is hereby exempt from taxation. 



Sect. 2. This act shall take effect upon its passage. 
[Approved April 9, 1909.] 



Takes effect 
on passage. 



CHAPTER 310. 



an act to AUTHORIZE THE CITY OF BERLIN TO EXEMPT CERTAIN 
PROPERTY FROM TAXATION AND RATIFY THE DOING OP THE SAME. 



Section 

1. Exemption authorized. 



Section 

2. Takes effect on passage. 



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

Section 1. That the city of Berlin be and hereby is. authorized 
to hereafter exempt the Albert Theatre property situated in said 
Berlin in accordance with the resolution to that effect pas.sed by 
the city council of the city of Berlin August 4, 1908, as follows: 
^'City of Berlin. In the year of our Lord one thousand nine hun- 
dred and eight. A resolution to exempt the Croteau Theatre and 
the lot on the east side of Main street from taxation for a period 
of ten years. Resolved by the city council of the city of Berlin as 
follows: that the Croteau Theatre to be erected and the lot upon 
which the same is erected on the east side of Main street in Berlin 
shall be and hereby is exempt from taxation for a period of ten 
years ; this exemption being granted to him and his heirs and 
assigns. Provided he shall erect a ground-floor theatre to be used 
as such and for no other purpose. Provided that the assessors of 
said city shall annually appraise the property hereinbefore men- 
tioned and the valuation determined upon for the same shall be 



Exemption 
authorized. 



'18 



Takes efiEect 
on passage. 



Chapters 311, 312. 



1909 



added to the valuation of all the other property in the city to 
determine the total valuation for the purposes of state and county 
tax." 

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

[Approved April 9, 1909.] 



CHAPTER 311. 



Votes and 

proceedings 

legalized. 



Takes effect 
on passage. 



AN ACT TO LEGALIZE AND RATIFY THE VOTES AND PROCEEDINGS AT THE 
ANNUAL MEETING OF THE SCHOOL DISTRICT OF WAKEFIELD, HOLDEN 
ON THE NINTH DAY OF MARCH, 1909. 



Section 

1. Votes and proceedings legalized. 



Section 

2. Takes effect on passage. 



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

Section 1. That the votes and proceedings at the annual meet- 
ing of the school district of the town of Wakefield, held in said 
town on the ninth day of March, 1909, are hereby legalized and 
ratified. 

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

[Approved April 9, 1909.] 



CHAPTER 312. 



Corporation 
constituted; 
purposes. 



AN ACT TO INCORPORATE NO. 290, FRATERNAL ORDER OF EAGLES OF 

MANCHESTER, N. H. 



Section 

1. Corporation constituted; purposes. 

2. By-laws. 

3. Power to hold property. 



Section 

4. First meeting. 

5. Takes effect on passage. 



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

Section 1. John R. Redmond, Thomas J. Foley, Timothy A. 
Sullivan, John A. Connolly, John T. O'Dowd, Patrick J. Flynn, 
John F. Looney, Michael F. Shea, J. William Abbott, Owen Ken- 
ney, 2d, John F. Conway, Michael E. Ahern, Ai'thur B. Allen and 



1909] 



Chapter 313. 



719 



Gilbert T. Lyons, their associates and successors, be and hereby 
are made a body politic and corporate by the name of No. 290, 
Fraternal Order of Eagles, of Manchester, X. H., for fraternal, 
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 b^'-laws providing for the Bylaws, 
payment of weekly benefits to those of its members who may be- 
come sick, and for the payment of funeral expenses of those of its 
members who may die. 

Sect. 3. Said corporation shall have power to hold real and Power to hold 
personal estate by gift, bequest, or otherwise, to an amount not ^'""p®'" 
exceeding five thoiLsand dollars, and may dispose of the same at 
pleasure. 

Sect. 4. The first three persons named in this act may call the First meeting. 
first meeting of said corporation by giving notice to each of the 
others at least two days before the date of such meeting. 

'Sect. 5. This act sliall take effect upon its passage. 

[Approved April 9, 1909.] 



Takes effect 
on passage. 



CHAPTER 313. 



AN ACT IN RELATION TO THE UNION SCHOOL DISTRICT IN THE TOWN OF 

LITTLETON, 



Section 

1. Present board of education abol- 

ished. 

2. New board established. 



Section 

3. Powers of new board. 

4. Takes effect on passage. 



Be it enacted hij the Senate and House of Eepresentatives in 
General Court co7ivened: 



Section 1. That the board of education of the Union School Dis- 
trict in the town of Littleton is hereby abolished to take effect 
when their successors are elected and qualified as herein provided. 

Sect. 2. At the annual meeting of the voters of said district for 
the year 1909, or any adjournment thereof, there shall be elected 
by ballot, a board of education, to consist of three or five members, 
as the said meeting may determine; provided, if it is voted that 
the said board shall consist of three members, then one member 
shall be elected for one year, one for two years and one for three 
years, and thereafter one member shall be elected at each annual 



Present board 
abolished. 



Xew board 
established. 



r20 



Chapter 314. 



1909 



Powers of 
new board. 



Takes effect 
on passage. 



meeting of said district to serve three years and provided further, 
if it is voted that the said board shall consist of five members, then 
one member shall be elected for one year, two for two years and two 
for three years, and thereafter, as the respective tern^s expire, a 
member or members shall be chosen for a term of three years to 
fill the vacancy or vacancies and in either event, said members 
shall serve until their successors are elected and qualified. 

Sect. 3. Said board shall have and exercise all the powers by 
law granted to the board of education for said district; it may 
make all reasonable rules for its own government and shall organ- 
ize by the choice of one of its number as chairman and another as 
clerk. 

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

[Approved April 9, 1909.] 



CHAPTEiR 314. 



AN ACT IN AMENDMENT OF CHAPTER 28 LAWS OF 1901 ENTITLED *'aN 
ACT TO SEVER CERT.VIN TERRITORY FROM THE TOWN OF LIVERMORE 
AND ANNEX THE SAME TO THE TOWN OF LINCOLN." 



Prior 
provisions 
repealed ; 
location of 
town line 
ratified. 



Section 

1. Prior provisions repealed; location 

of town line ratified. 

2. Title to land not affected. 



Section' 

3. Repealing clause; act takes effect on 
passage. 



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

Section 1. That so much of the act of February 20. 1901, 
chapter 28, Laws 1901, entitled "An Act to sever Certain Terri- 
tory from the Town of Livermore and annex the Same to the 
Town of Lincoln," as required the completion and filing of a map, 
and a complete return of his doings by the engineer agreed upon 
or appointed to make a practical location of the new line between 
said towns of Lincoln and Livermore, or between parts of said 
towns, within six months from the end of the session of said gen- 
eral court, held in the year 1901, and so much of said act as pro- 
vided that all or any part of said act should be void and of no 
effect in case the report and plan of the engineer as contemplated 
by said act and provided for by it should not be filed within six 
months from the end of said session of the general court, and that 
all or any part of said act should be invalid and of no effect in case 
said report of said engineer or engineers and said map of said 



1909] 



Chapter 315. 



721 



line between said towns to be made and filed by said engineer or 
said engineers within six months from the end of said session, 
should not be filed, are hereby repealed. Ray T. Gile, a civil en- 
gineer, and George F. Morris, a lawyer, having been agreed upon 
by said towns by their selectmen, to ascertain the location of said 
line upon the ground according to the requirements of said act, 
said line having been duly located upon the ground by them, a 
complete return of the doings of the said parties agreed upon to 
locate said line, and a map of said line as located by them having 
been filed in the ofifice of the secretary of state, but at a later date 
than six months from the end of said session of said general court, 
said report of the doings of said Gile and ^Morris, and the map 
of said line as filed by said Gile in the office of the secretary of 
state, are hereby ratified, accepted and confirmed and made valid, 
and are to be treated to all intents and purposes, and to have the 
same effect as if filed by an engineer duly agreed upon and ap- 
pointed according to the provisions of said act of February 20, 
1901, in the office of the secretary of state within six months from 
the end of said session of the general court for the year 1901. 

Sect. 2. The said line as thus established shall be regarded as Title of land 
solely a jurisdictional line so far as it extends between the towns 
of Livermore and Lincoln, but the establishment of said line shall 
not be construed to have any effect upon the title or ownership of 
lands at or near said line or as marking the boundaries of owners 
of said lands. 

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

[Approved April 9, 1909.] 



not affected. 



Repealing 
clause ; act 
takes effe?t 
on passage. 



CHAPTER 315. 



AN ACT IN RELATION TO THE VILLAGE FIRE PRECINCT OF WOLFEBORO. 



Section 

1. Rental of property authorized. 



Section 

2. Takes effect on passage. 



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



Section 1. That chapter 183 of the Laws of said state, passed at Rental of 
the January session 1897 entitled "An Act to authorize the Village authorized. 
Fire Precinct of Wolfeborough to construct and maintain an Elec- 
tric Light Plant," be amended by inserting the following section, 



722 



Chapter 316. 



[1909 



Takes effect 
ou passage. 



to be numbered section -1 and section 4 of tlie original bill be num- 
bered section 5, so as to read as follows: Sect. 4. The said pre- 
cinct is authorized to let or lease any property which it may own, 
and which is not occupied by it for public purpose, and to generate 
power and sell the same. 

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

[Approved April 9, 1909.] 



CHAPTER 316. 



AN ACT ABOLISHING THE COMMON COUNCIL OF THE CITY OF NASHUA 
AND CHANGING THE DATE OF THE CITY ELECTION. 



Committee to 
revise charter. 



Powers and 
duties of 
committee. 



Section 

1. Committee to revise charter. 

2. Powers and duties of committee. 



Section 

3. Payment of expenses. 

4. Takes effect on passage. 



Be it enacted hy the Senate and Uouse of Eepresentatives in 
General Court convened: 

Section 1. The mayor of the city of Nashua shall appoint as 
soon as may be, subject to confirmation by the city council in joint 
convention, six suitable and discreet persons, who, together with 
said mayor, shall constitute a committee to revise the charter of 
said city. The persons so appointed shall be residents of said city, 
but shall not be members of the city council nor incumbents of 
any other municipal office, and not more than three of them shall 
belong to the same political party. When said appointments are 
made and confirmed, the city olerk shall certify the names of the 
members of the committee to the secretary of state, and at their 
first meeting, which shall be called by the mayor, the committee 
shall organize by choosing one of their number as chairman and 
another as clerk. 

Sect. 2. It shall be the duty of said committee to consider and 
determine what changes, if any, are desirable in the charter and 
other existing laws for the government of said city and to report 
with reference thereto for the informaition of the general court at 
its next session. They shall acquaint themselves with the provi- 
sions and practical operation of said charter and laws, shall hear 
such citizens of said city as may desire to be heard with respect to 
changes in the same, and shall examine recent municipal-charter 
legislation in this state, and elsewhere, so far as they deem practica- 
ble and useful for the foregoing purpose. They may require any 
public officer of said city to testify before them relative to the 



1909] 



Chapter 317. 



723 



affairs of his department, and may employ such clerical or steno- 
graphic assistance as they find necessary for the performance of 
their duties. On or before December 1, 1910, they shall file with 
the secretary of state a report containing a concise statement of 
their conclusions and a draft of such amendments or of such new 
charter as they may recommend, and the secretary of state shall 
cause a suitable number of copies thereof to be printed for the 
use of the incoming general court. 

Sect. 3. Said committee shall receive no compensation for their Payment of 
services, but shall be reimbursed out of the city treasury, <)n the 
order of the mayor, for any expensas reasonably incurred by them 
in the discharge of their duties. 

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

on passage. 

[Approved April 9, 1909.] 



CHAPTER 317. 



AN ACT TO LEGALIZE THE VOTES AND PROCEEDINGS OF SCHOOL MEETING 
IN THE TOWN DISTRICT OF WARNER HELD APRIL 6, 1909. 



Section 

1. Acts and proceedings legalized. 



Section 

2. Takes effect on passage. 



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



Section 1. The acts and proceedings at the adiourned annual Acts and 

iiT'i T • (» -TVT I •^ r> proceedings 

school meeting held m the town district of Warner on April 6, legalized. 
1909, and all votes and proceedings at said meeting, including 
resolution to borrow the sum of nine thousand dollars upon the 
ten — twenty year bonds of the district, at a rate of interest not 
exceeding four per cent., are hereby legalized and confirmed. 

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

[Approved April 9, 1909.] on passage. 



Chapters 318, 319. 



[1909 



CHAPTER 318. 



May fix sal- 
aries of board 
of assessors. 



Takes effect 
on passage ; 
suspension 
clause. 



AN ACT GRANTING CERTAIN TEMPORARY POWERS TO THE CITY COUNCIL. 
OF THE CITY^ OF BERLIN. 



Section 

1. May fix salaries of board of as- 
sessors. 



Section 

2. Takes effect on passage; suspension 
clause. 



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

Section 1. That the city council of the city of Berlin is hereby 
authorized and empowered to fix the salary of the board of as- 
sessors of said city for the fiscal year 1909 — 1910, provided, how- 
ever, that the salary determined upon shall not exceed three hun- 
dred dollars ($300) for each member of said board. 

Sect. 2. This act shall take effect upon its passage and such 
part of the city charter of the city of Berlin a.s is inconsistent 
herewith is hereby suspended. 

[Approved April 9, 1909.] 



CHAPTEiR 319. 



Preamble. 



Tax author- 
ized. 



AN ACT TO enable THE TOWN OP HAMPTON TO RAISE BY TAXATION 
THE SUM OF ONE THOUSAND DOLLARS FOR THE PURPOSE OF PRO- 
CURING A CHEMICAL FIRE ENGINE BY A LEVY ON A PART OF THE 
PROPERTY IN SAID TOM^N. 



Section 

1. Tax authorized. 



Section 

2. When assessed ; act takes effect on 
passage. 



Whereas the town of Hampton prior to the annual town meet- 
ing held in said to^vn on the second Tuesday of March 1909 had 
created the Hampton Beach Village District which has supplied 
water and appliances to extinguish fires in said district at the ex- 
pense of said district, and 

Whereas said town at its last annual town meeting appropriated 
the sum of one thousand dollars for the purpose of procuring a 
chemical fire engine for the use of that portion of said town not 
included in said village district ; now therefore 

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

Section 1. The town of Hampton is authorized and empowered 
to assess and collect a tax on all the ratable polls and taxable 



1909] 



Chapter 320. 



726 



property in that portion of said town not included in the Hamp- 
ton Beach Village District for the purpose of raising the sum of 
one thousand dollars appropriated by said town at the last annual 
town meeting to purchase a chemical fire extinguisher for the use 
of said town. 

Sect. 2. Said tax shall be assessed and committed to the col- 
lector of taxes before the first day of July 1909, and this act shall 
take effect upon its passage. 

[Approved April 9, 1909.] 



When as- 
sessed ; act 
takes effect 
on passage. 



CHAPTER 320. 



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



Section 

1. Certain officers to be appointed by 
mayor. 



Section 

2. Repealing clause; act takes effect, 
when ; adoption by popular vote. 



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



Section 1. Amend section 3 of the amendment of said charter certain offi- 
[Laws 1903, c. 225, s. 3] by striking out from part of the eighteenth app^ointed^ 
and from -the nineteenth, twentieth and twenty -^first lines the words : ^^ mayor. 
"Said council shall also within one week of said annual meeting 
appoint a board of three assessors, one from each ward, who shall 
receive for their services, one hundred and twenty-five dollars per 
annum," and insert in place thereof the following: Said mayor, 
within one week of said annual meeting held on the last Monday of 
March, 1910, shall appoint, subject to confirmation by the council, 
a board of three assessors, one from each ward, to hold office from 
the first day of April, 1910, one of wliom shall be appointed for 
three years, one for two years, and one for one year, and shall there- 
after annually at said time, appoint, subject to such confirmation, 
one assessor who shall hold office for three years, who shall receive 
for their services not more than three hundred dollars each per an- 
num. Further amend said section by striking out the twenty-fifth 
line and the word "appoint" in the twenty-sixth line and insert in 
place thereof the following: Mayor shall also, within thirty days 
of said annual meeting, appoint, subject to confirmation of said 
council. Further amend said section by striking out in the twenty- 
eighth line the words: "And receive as compensation one hundred 
and fifty dollars per annum." Further amend said section by strik- 
ing out in the thirty-third line the word "elect," and inserting 



726 



Chapter 320. 



1909 



Repealing 
clause; act 
takes effect, 
when ; adop- 
tion by 
popular vote. 



after the word "appoint" the following: Subject to confirmation 
as hereinbefore set forth. Further amend said section by inserting 
after the word "meetings" in the thirty -sixth line the following: 
and one dollar each for actual attendance at special or adjourned 
meetings, provided, however, that the total sum to be paid to each 
councilman ifor attendance at all meeting's, sihall not exceed fifty 
dollars per annum. So that section 14 referred to in said section 3 
of the amendment of the city charter of the city of Berlin shall 
read as follows : Sect. 14. Said mayor, within one week of said 
annual meeting held on the last Monday of March, 1910, shall ap- 
point, subject to confirmation by the council, a board of three as- 
sessors, one from each ward to hold office from the first day of 
April, 1910, one of whom shall be chosen for three years, one for 
two .years, and one for one year, and thereafter annually at said 
time, shall appoint, subject to the confirmation of the council one 
assessor who shall hold office for three years, who shall receive for 
their services not more than three hundred dollars each per annum ; 
said assessors, shall in addition to their salary, be allowed the sum 
of not exceeding one hundred dollars per annum for clerk hire; 
and said mayor shall also, within thirty days of said annual meet- 
ing, appoint, subject to confirmation of said council, a board of 
health of not more than three persons, a city treasurer, who shall 
serve also as treasurer of the board of education, city auditor, col- 
lector of taxes, city solicitor, highw^ay commissioner, sewer com- 
missioner, inspector of buildings, and city engineer; and within 
thirty days of said annual meeting, said mayor shall also appoint, 
subject to such confirmation, a chief engineer and assistant engi- 
neers of the fire department, and may create such other govern- 
mental departments and appoint, subject to confirmation as herein- 
before set forth, sucdi other officers or agents as are necessary for the 
good government of the city not otherwise provided for. Said coun- 
cil shall receive a fee of two dollars each for actual attendance at 
regular monthly meetings and one dollar each for special and ad- 
journed meetings, provided, however, that the total sum to be paid 
to each councilman for attendance at all meetings, shall not exceed 
fifty dollars per annum ; and in addition thereto an annual salary of 
twenty dollars shall be paid to each member of the committee on 
roads and bridges and the committee on accounts and claims. 

Sect. 2. All acts and parts of acts inconsistent with this act are 
hereby repealed, and this act shall take effect upon the last Monday 
of March, 1910. Provided, however, that the voters of said city of 
Berlin, shall at their next annual meeting, or at a special meeting 
called for the purpose, adopt the same by majority vote ; and au- 
thority is hereby vested in the city council of said city of Berlin 
to call such special meeting if, in their opinion, it shall be advisa- 
ble. Provided, also, that only such changes hereinbefore enumerated 



1909] Chapter 320. f2il 

as are ratified by a majority vote at said annual or special meet- 
ing shall go into effect. A separate vote sihall be taken and recorded 
upon each df the provisions of the foregoing sections, and for that 
purpose the following list of questions shall be inserted in the 
warrant of said annual meeting, and printed in full upon the official 
ballot to be used for the election of officers at said annual meeting, 
viz.: 

1. 

Shall your mayor, subject to confirmation by the council, com- 
mencing on the last Monday of March, 1910, appoint a board of 
three assessors, one for three years, one for two years, and one for 
one 3^ear, and thereafter annually on the last Monday of March, 
appoint one for three years, subject to sueh confirmation? 

2. 

Shall the city council have authority to fix the salary of the 
assessors at a sum not to exceed three hundred dollars each per 
annum ? 

3. 

Shall your mayor, subject to confirmation by the council, appoint 
all officials heretofore elected by said council? 



Shall the compensation of the city treasurer be fixed by the city 
council, instead of by the city charter as heretofore ? 

5. 

Sihall your councilmen receive the sum of two dollars each for 
actual attendance at regular meetings, and the sum of one dollar 
each for actual attendance at regular or adjourned meetings? 

[Approved April 9, 1909.] 



728 



Chapters 321, 322. 
CHAPTER 321. 



1909 



Appropriation 
ratified. 



Takes effect 
on passage. 



AN ACT CONFIRMING THE ACTION OF THE TOWN OF FRANCESTOWN AT 
ITS ANNUAL MEETING IN 1909, IN RAISING AND APPROPRIATING 
MONEY FOR REP.URS OF THE OLD CHURCH IN SAID TOWN. 



Section 

1. Appropriation ratified. 



Section 

2. Takes effect on passage. 



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

Section 1. The action of the town of Francestown at its an- 
nual meeting held on the ninth day of March, 1909, in raising and 
appropriating the sum of four hundred dollars for shingling the 
"Old church," so called, in said town, and making other outside 
repairs upon it, is hereby authorized, ratified and confirmed, in 
view of the fact that when, in 1833, said town conveyed said 
church and the lot upon which it stands, to the Union Congrega- 
tional Society, it reserved to itself, "a right to use the house for 
town meetings, and the bell for town purposes as theretofore used, 
on condition that the town shall keep the outside of the house and 
the tower and the bell, with its tackle, in good and complete re- 
pair." 

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

[Approved April 9, 1909.] 



CHAPTER 322. 



Corporation 
constituted. 



AN ACT TO INCORPORATE THE PYTHIAN BUILDING ASSOCIATION OF 

DERRY, N. H. 



Section 

1. Corporation constituted. 

2. First meeting. 



Section 

3. Takes effect on passage; subject ta 
repeal. 



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

Section 1. A. W. Davison, Frank M. McGregor, Louis M. Packer^ 
George I. Bartlett, Canol Haynes, George R. Rowell, Henry H. 
Rose, Arthur C. Sargent, John P. Gleason, George A. Varney^ 
George E. Muchmore, Frank W. Gove, Sidney E. Laws, W. F. 
Laws and W. J. Kingsbury, their associates and successors, be, and 
are made a body politic and corporate by the name of the Pythian 



.1909] 



Chapter 323. 



729 



Building Association, and by that name, may sue, and be sued, 
prosecute and defend, to final judgment, and shall be vested with 
all the powers and privileges, and subject to all liability of cor- 
porations of a similar nature, and may purchase and hold, real and 
personal estate, and receive and hold the same by donation for the 
purposes of the said corporation to an amount not exceeding fifty 
thousand dollars, and may sell or use, or dispose of same at pleas- 
ure, and may make and establish such by-laws and regulations as 
may be necessary for the purpose of this act. 

Sect. 2. The first three members of said grantees, or either of First meeting, 
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 
deem proper. 

'Sect. 3. This act shall take effect upon its passage, and the Takes effect 
legislature may at any time alter, amend or repeal the same, when- subject to 
ever in their opinion the public good requires it. "^^^ 

[Approved April 9, 1909.] 



OHAPTEE 323. 

AN ACT CREATING A SCHOOL COMMITTEE FOR THE CITY OF MAN- 
CHESTER. 



Section 

1. Committee, how constituted. 

2. Members ex officio. 



Section 

3. Repealing clause; act takes effect on 
passage. 



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



Section 1. At every election hereafter held in said city [of Committee, 
Manchester] there shall be elected from each ward one member of stituted. 
the board of school committee, who shall hold his office for the term 
of two years from the first Tuesday of January, next following 
their election. 

Sect. 2. The mayor of said city and the president of the common Members 
council shall be ex-officio members of the board of school committee 
for said city, and shall have all the powers and privileges to which 
other members of the school committee are by law entitled; the 
mayor shall be chairman of said board. 

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

w -j^ clause; act 

hereby repealed and this act shall take eftect upon its passage. 
[Approved April 9, 1909.] 



takes effect 
on passage. 



730 



Chapters 324, 325. 
ClH:APTER 324. 



1909 



Authority 
granted. 



Increase of 
capital stock. 



Takes effect 
on passage. 



AN ACT AUTHORIZING THE HAMPTON WATER-WORKS COMPANY TO 
ACQUIRE BY PURCHASE OR OTHERWISE THE PROPERTY AND FRAN- 
CHISES OF THE NORTH SHORE WATER COMPANY. 



Skction 

1. Authority granted. 

2. Increase of capital stock. 



Section 

3. Takes effect on passage. 



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

Section 1. The Hampton Water- works Company is hereby au- 
thorized to acquire, by purchase or otherwise, the property and 
franchises of the North Shore Water Company and, upon the 
acquisition of the same, to have, exercise, and enjoy all the powers 
and privileges of said corporation. 

Sect. 2. The Hampton Water-works Company is hereby em- 
powered to increase from time to time its capital stock, being now 
one hundred thousand dollars, to an amount not exceeding two hun- 
dred thousand dollars, as may be determined by the directors of 
the corporation. 

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

[Approved April 9, 1909.] 



CHAPTER 325. 



May change 
to stock 
company. 



AN ACT IN AMENDMENT OF CHAPTER 236 OF LAWS OF 1901. ENTITLED 
''an act TO INCORPORATE THE PEERLESS CASUALTY COMPANY." 



Section 

1. May change to stock company. 



Section 

2. Takes effect on passage: repealing 
clause. 



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

Section 1. Chapter 236 of the Laws of 1901, as amended by 
chapter 229 of the Laws of 1905, is hereby amended by adding 
thereto the following section : Sect. 5. Said corporation may by 
(major) vote of its stockholders and members at a meeting called 
in the manner provided by the by-laws change from a combined 
stock and mutual company to a stock company, and upon the pas- 
sage of such vote, all policy-holders in said corporation shall there- 
upon cease to be members thereof, and shall be relieved from lia- 



1909] Chapter 326. 731 

bility as such. But the rights of the members to have the profits of 
the corporation maintained as a reserve for the benefit and protec- 
tion of their policies shall not be thereby abridged. Upon the 
adoption of such vote, the corporation may thenceforth pay divi- 
dends as may be from time to time declared, out of the surplus 
earnings. 

Sect. 2. This act shall take effect upon its passage, and all acts Takes effect 
and parts of acts inconsistent with this act are hereby repealed. ^epeaihTg*' 

[Approved April 9, 1909.] "^''''* 



CHAPTER 326. 



AN ACT IN AMENDMENT OF CHAPTER 244 OF THE LAWS OF 1907, EN- 
TITLED ''an ACT IN AMENDMENT OF CHAPTER 306 OF THE LAWS OP 
1903, ENTITLED 'aN ACT TO INCORPORATE THE CONNECTICUT RIVER 
POWER COMPANY OF NEW HAMPSHIRE.' " 

Section i Section 

1. Additional rights of flowage. | 2. Takes effect on passage. 

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

Section 1. Section 8 of chapter 244 of the Laws of 1907, en- Additional 
titled "An Act in Amendment of Chapter 306 of the Laws of ^'^^^^ ° 
1903. entitled 'An Act to incorporate the Connecticut River Power 
Company of New Hampshire,' " is hereby amended so as to read 
as follows: Sect. 8. If this corporation or any corporation with 
■which it may merge or consolidate as provided in section 10 of 
chapter 306 of the Laws of 1903, shall desire to construct a dam 
at any point below the mouth of the Ashuelot river for the purpose 
of storing water to control the flow of the river, it shall have the 
right so to do, and if it shall procure and exercise the right to con- 
struct a dam acro&s the Connecticut river at any point in the state 
of Massachusetts, it shall have the right of flowage in the state of 
New Hampshire subject to the conditions and limitations as pro- 
vided in sections 2, 3 and 4 of said chapter 306 of the Laws of 
1903 as amended by this act except that it shall have no right to 
raise the water by any dam authorized by this section, at the mouth 
of the Ashuelot river, either at low or medium water, more than 
six feet, and shall have no right to materially raise or change the 
water at the mouth of the Ashuelot river at high water, and shall 
have no rigiht to raise or affect the water at the lowest privilege on 
the Ashuelot river now owned by the Fisk Paper Company, and 



732 Chapter 326. [1909 

shall have no right to take therefor any land now owned or here- 
after acquired by the Connecticut River Railroad Company for 
necessary railroad purposes. And provided further that in fixing 
damages for the taking of the right to maintain or flow water to any 
particular point or level upon or against the land of any person or 
corporation, the liability that flowing or maintaining the water to 
said point or level upon or against said land will cause the land to 
break ofl^ or wash away or will cause the water in times of rain or 
freshet to flood said land above said level or otherwise injure such 
land by such flooding shall not be taken into consideration unless 
the owner of said land shall have filed in the proceedings a petition 
to have such liability considered ; and in any case where such further 
or additional damage shall be done by reason of the exercise of the 
privileges granted by this section, and for which the landowner 
shall not have received compensation in prior proceedings, the 
owner whose land is thus damaged may file a petition in the superior 
court for the recovery of such damages and the same proceedings 
shall be had in the assessment of damages and in the addition of 
fifty per cent, thereto as in the original proceedings ; and in any 
proceedings brought under this section costs shall be allowed to 
either party in the discretion of the court except that they shall 
be allowed to the landowmer in every case unless the corporation, 
before the beginning of said action, shall have tendered to him an 
amount at least equal to the amount of the verdict or award re- 
covered, but no such tender shall be admitted in evidence at any 
hearing to assess the damages on account of which such tender 
was made. And it shall have no rights under this section until it 
shall have built a dam under this charter opposite the town of 
Vernon, Vermont, north of the mouth of the Ashuelot river. Said 
corporation may make contracts with other corporations with refer- 
ence to the furnishing of electrical energy to said other corporations 
or within the territory served by them. 
Takes effect Sect. 2. This act shall take effect from its passage. 

on passage. 

[Approved April 9,-1909.] 



1909] Chapter 327. 733 

CHAPTER 327. 

AN ACT IN AMENDMENT OF SECTIONS 1, 2, 3 AND 4 OF CHAPTER 279 OF 
THE SESSION LAWS OF 1903, ENTITLED, *'aN ACT TO INCORPORATE 
THE PITTSFIELD LIGHT AND POWER COMPANY.'' 

Section 1. Charter amended. 

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

Section 1. Amend section one, chapter 279 of the session Laws of Charter 
1903 by inserting after the word "Pittsfield" in the eighth line in 
section one of said chapter the words and in the town of Barnstead, 
Belknap county, so that said section as amended shall read: Sec- 
tion 1. Frank D. Hutchins, John A. "Walker, Jr., George H. Col- 
bath, Frank 0. George and Charles F. Ayers of Pittsfield in the 
county of Merrimack, their successors and assigns, are hereby made 
a body corporate by the name of the Pittsfield Light & Power 
Company for the purpose of generating, manufacturing and sup- 
plying electricity for light, heat and mechanical power, and fur- 
nishing the same in the said town of Pittsfield, and in the town of 
Barnstead, Belknap county, with the authority, powers and privi- 
leges, and subject to the liabilities incident to corporations of a 
similar nature. Amend section two of said chapter 279 by insert- 
ing after the word ' ' Pittsfield ' ' in the second line of section four of 
said chapter the words, and said town of Barnstead, and by strik- 
ing out the word "town" in the fourth line of said section four 
and inserting in its place the word towns so that said section four 
as amended shall read : Sect. 4. Said corporation shall have power 
and authority to distribute electricity through said town of Pitts- 
field, and said town of Barnstead, may regulate the use of same, and 
fix and collect rents to be paid for the same. Said towns are hereby 
authorized to contract by vote of said towns witih said corporation 
for electricity for public uses on such terms as the parties may 
agree, and to raise money therefor in the same manner as other 
town charges. Amend section three [six] of said chapter 279 by 
striking out the word "town" in the sixth and seventh lines in 
said section six of said chapter and inserting in their places, the 
words towns, so that said section six as amended shall read : Sect, 
3 [6]. Said corporation may erect poles and place wires for the 
transmission of electricity, or may lay the same in subterranean 
pipes, through or over the land of any persons or corporations, and 
under any railroad or private way, and having first obtained the 
permission of the municipal officers of said towns, and under such 
restrictions and regulations as they may prescribe, along the streets 



734 



Chapter 328. 



1909 



and ways of said towns ; and it may enter upon and dig up any such 
real estate, street, or way for the purposes aforesaid. Amend sec- 
tion four [seven] of said chapter 279 by striking out the words "of 
Merrimack," in the tenth line of section seven of said chapter, 
and inserting after the word county in said tenth line, wherein any 
private property or easement shall be appropriated, so that said 
section as amended shall read: Sect. 4 [7]. Said corporation shall 
pay all damages sustained by any person or corporation by the 
taking of any land, right of way or easement, or by any other thing 
done bj' said corporation under the authority of this act ; provided, 
that if it shall be necessary to enter upon and appropriate any 
private property or easement thecrein, and said corporation shall 
not agree with the owners thereof on the damage that may be done 
by said corporation, or such owners shall be unknown, either party 
may apply to the superior court, at a trial term in the county 
wherein any private property or easement shall be appropriated, 
to have the same laid out and damages determined; 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. 
[Approved April 9, 1909.] 



CHAPTER 328. 



AN ACT TO AUTHORIZE THE AMOSKEAG MANUFACTURING COMPANY TO 
CONSTRUCT A DAM ACROSS THE MERRIMACK RIVER BELOW GOFF'S 
FALLS. 



Section 

1. Authority granted. 

2. Damages, how assessed. 

3. Restriction of use. 

4. Electric cables in streams. 



Section 

5. Transmission of electricity. 

6. Claims for damages, what included. 

7. Void unless dam completed in six 

years. 



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



Anthority 
granted. 



Section 1. That the Amoskeag Manufacturing Company, a 
corporation organized under the laws of this state, be and hereby 
is empowered and authorized to construct and maintain a dam across 



1909] Chapter 328. 735 

the Merrimack river at any point on said river between the north 
bank of the Soiihegan river and the head of Moore's falls, to- 
gether with all necessary wings, retaining walls, canals, gates, flash- 
boards, power-houses, and the necessary appurtenances, and such 
other structures as may be convenient and useful to develop, use 
and transmit the power created thereby. If it becomes necessary 
for the full and economical development and operation of the water- 
power of the Merrimack river at said dam to raise the height of 
the water in Cohas brook so as to flow or otherwise affect the water- 
power or other rights or property of the Devonshire Mills, on said 
brook, or to flow or drain the lands or property of other persons or 
corporations, said corporation shall have the power and authority 
so to do by proceeding in accordance with the provisions of section 
two of this act. Provided always that said corporation is granted 
no right or privilege to construct any dam or other structures which 
will raise the water of said river under the railroad iron bridge at 
Goff's falls, at time of flood, beyond the point where it would be 
raised if the dam should not be built, nor to any point that would 
endanger the safety of the bridge. And provided further, that the 
said dam and structures shall not interfere with the free use of 
said river as a public highway for floating logs. And pi'ovided 
further, that nothing in this act shall authorize the flooding of any 
existing steam railroad or electric railway tracks. And provided 
further, that the said dam of said corporation shall not flow back 
upon any embankment, road-bed, culvert or bridge of any such 
steam railroad or electric railway, until the same is properly and 
effectively protected against damage at the expense of said corpora- 
tion, as hereinafter provided. Any required changes in the con- 
struction of any embankment, road-bed, culvert or bridge of any 
steam railroad or railway company shall be made by the railroad 
or railway company within a reasonable time after notice in writ- 
ing from said Amoskeag Manufacturing Company of the general 
requirements and the depasit with the state treasurer of an amount 
of cash equal to one and one quarter of the estimated cost of such 
changes, or the giving to the railroad or railway company security 
satisfactory to it for the due payment of such expense. In case of 
a disagreement between said corporation and any such railroad or 
railway company as to method and construction of said protection 
and its effectiveness, or the necessity therefor, or as to the cost of 
said protection, the same shall be determined by a justice of the 
superior court for the county of Hillsborough in a proceeding in 
the nature of a bill in equity filed by either party in said court, 
and if the estimate of costs is increased by the findings of the court 
said Amoskeag ^Manufacturing Company shall make a correspond- 
ing increase in the amount of its deposit with the state treasurer. 



■36 Chapter 328. [1909 

and if at any time after the construction of said dam it shall be 
found by the railroad or by the railway that additional protective 
works are required to safeguard its bridges, culverts, embankments 
or other structures or property, such work shall be done by the 
railroad or the railway at the expense of the Amoskeag Manufactur- 
ing Company in the same manner and under the same conditions as 
herein provided for doing the first or original constructive work 
made necessary by the construction of said dam, and all work at 
any time done to protect the railroad or railway property from 
the effects of the operations of the Amoskeag Manufacturing Com- 
pany at the dam authorized by this act shall be at the expense of 
said Amoskeag Manufacturing Company. It shall be the duty of 
said corporation at all times to fully, properly and efficiently pro- 
tect the railroads, railways and highways and sewers that may be 
affected by the construction of said dam or any of its appurtenances, 
and to compensate said railroads, railways and the cities and towns 
in which said highways or sewers are located, respectively, for all 
injury or damage sustained by them, or any of them, in consequence 
of the construction or operation of any dam, dams or other work 
done or structure erected by said corporation under the authority 
of this act. 
Damages, how Sect. 2. If it shall bccome necessary, as set forth in section one 
of this act, at any time for said corporation to flow or drain any 
lands or property and it cannot agree with the owner of such lands, 
property or rights upon a price therefor, then it may file a petition 
in the superior court for the county in which the lands or property 
lie, which petition may be filed in term or vacation, describing the 
particular lands, property or rights to be taken, and praying for an 
assessment of the damages of the owner for such taking, and there- 
upon lawful process shall issue with the order of notice to the owner, 
which shall be served on the owner as required by the order, and at 
said term, or at the next term of said court if filed in vacation, the 
owner may elect a jury trial as to the assessment of damages, and 
his damages shall be assessed by a jury, and judgment shall be en- 
tered thereon as provided in sections 16 and 17 of chapter 142 of 
the Public Statutes and amendments thereof; and upon payment 
or tender to the owner by the corporation of the amount of the 
judgment said corporation shall be vested with the title to the land, 
property or rights. But if the owner elects that the petition be re- 
ferred to a board of referees or to the county commissioners, it shall 
be so referred, and they shall proceed as county commissioners pro- 
ceed in hearing and determining appeals from the award of damages 
in laying out highways, and judgment on their report shall be final ; 
and upon payment or tender to the owner by the corporation of the 
amount of the judgment, said corporation shall be vested with the 



assessed. 



1909] Chapter 328. 737 

title to the lands, property, or rights. But however the damages are 
assessed, if the owner does not accept the amount tendered to him, 
it shall be deposited with the clerk of the superior court of the 
county in which said proaeeding is pending, subject to the owner's 
orders, before the corporation shall enter upon any land taken, or 
use or exercise any rights, privileges or interest taken. 

Sect. 3. The use of any dam erected under the provisions of this Restriction 
act shall be subject to the use of the water oi said Merrimack river 
and its tributaries as now made and exercised by the owners of 
existing dams on said river and its tributaries above said ]\Ioore's 
falls, and this corporation shall have no right to claim or demand 
from said owners of existing dams, any other or different use of 
the water of said river or tributaries than that now made and exer- 
cised by them. No permanent dam erected under the provisions of 
this act shall be of a greater height than sixty-two feet below the 
crest of the stone dam of the Amoskeag i\Ianufacturing Company at 
Amoskeag falls in Manchester, but this restriction shall not be con- 
strued to prevent the attaching to said dam of temporary flash- 
boards of such width and height as may be necessary and convenient 
for the due utilization of the water-power at said dam. 

Sect. 4. Said Amoskeag Manufacturing Company may lay suita- Electric cables 

IH StTCAHlS* 

ble cables upon the bed of any river or stream from bank to bank 
to be used for transmission of electric currents for all purposes set 
forth in this act, and may use any other method or appliances for 
transmission of said currents across said rivers or streams, but not 
in any such manner as to obstruct the full and free use of said 
rivers or streams as public highways. 

Sect. 5. Said Amoskeag Manufacturing Company may transmit Transmission 
to its mills in the city of Manchester the electricity developed at ° ^ ®° ^^'^^ ^' 
said dam by metallic wires or any other suitable means of transmit- 
ting the same upon poles erected in the public streets or highways 
in such cities and towms of New Hampshire as may be necessary, the 
consent of the authorities of such towns and cities being first ob- 
tained as required by law. Nothing contained in this act shall be 
construed to give said corporation the right to erect poles, extend 
wires or lay cables, erect buildings, or in any other way make use of 
the location, lands, or interest in lands of the Concord & ^Montreal 
Railroad or the Boston & Maine Railroad, or the Devonshire Mills, 
provided, however, that said corporation may extend its wires or 
cables across said railroad location or under ground in such man- 
ner and upon such conditions as may be determined by said railroad. 

Sect. 6. All claims for damages to the property of any person, claims for 

, . . , . 1 1 • J? J damages, what 

company or corporation, city, or town, and claims tor cost or ex- included, 
pense in protecting such property from injury or damage, as here- 
inbefore provided, caused by the construction and maintenance of 



-33 Chapter 328. [1909 

said dam or its appurtenances, shall include any damage or expense 

caused by the going out of said dam, or by any insufficiency, defect 

or want of repair therein. 
Void unless Sect. 7. The provisions of this act shall be inoperative and void 

fn'tixTJ'ars"' uuless Said dam shall be completed within six years from and after 

its passage. 

[Approved April 9, 1909.] 



STATE OF NEW HAMPSHIRE, 



Office of Secretary of State, 

Concord, July 1, 1909. 
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, 

Secretai-y of State. 



INDEX. 



INDEX 

TO 

NEW HAMPSHIRE LAWS 

PASSED JANUARY SESSION, 1909. 



PAGE 

Abandonment of family by husband or father, penalty 449 

Adjutant-general, appropriations for department 552, 559 

clerical expenses of 342 

general duties. See New Hampshire National Guard. 

Adoption and transfer of unclaimed children 513 

Agricultural seeds, sale of, regulated 370 

Ahern, Eobert L., appropriation in favor of 590 

Alton, maintenance of public wharves authorized 692 

Amherst, appropriation for 150th anniversary authorized 668 

Amoskeag Manufacturing Co., construction of dam across Merrimack 

river authorized 734 

Animal, sale or exchange of when imfit prohibited 329 

Animals, where taxed 364 

Annis, Horace B., homestead severed from Penacook school district in 

Concord and annexed to Union school district in Concord 619 

Appropriation for adjutant-general ."42, 552, 559 

attorney-general 553, 559 

Australian ballot 557, 563 

automobile department 556, 563 

bank commissioners .553, 560 

bounty on bears and grasshoppers 556, 563 

buoys in Connecticut river 569 

cattle commission 561 

collection and arrangement of portraits of soldiers 

of Eebellion 585 

Dartmouth College 557, 564, 565 

deaf, dumb, and blind 556, 562 

Endicott rock, lights and approaches to 575 

executive department 551, 558 

firemen's relief fund 556, 563 

fish and game commissioners 554, 560 

fish screen at Baboosic lake 571 

Forest lake 573 

Patridge lake 581 

Silver lake 585 

Squam lake 570 

forestry protection 501, 557, 564 



744 INDEX. [1909 

Appropriation for Grand Army of the Republic 557, 563 

Granite State Dairymen's Association 556, 563 

highway department 557, 564 

highways. See Highways, appropriations for. 

immigration commissioner 560 

indexing 557, 563 

Industrial School 555, 562, 583 

insurance commissioner 552, 559 

interest charges and matured bends 555, 561 

labor bureau 555, 561 

laboratory of hygiene 556, 562 

legislative expense 564 

lights and buoys 556, 562 

Lincoln centenary 565 

lunacy commission 556, 562 

medical referees 557, 564 

New Hampshire board of registration in dentistry. 556,563 

College of Agriculture 557, 564, 586 

Historical Society 556, 563 

Horticultural Society ....514,556,563,581 
School for Feeble-minded Children 557, 563 

582, 583 

Soldiers' Home 554, 561, 576 

State Hospital, improvements, etc. . 506 
general appropria- 
tions 554, 561 

State Normal School 555, 562, 579 

State Normal School in Keene. . . .538, 539 

557, 564 

State Sanatorium 557, 5!53, 579 

pharmacy commissioners 556, 563 

Prisoners ' Aid Association 557, 564 

probate courts 553, 559 

public instruction 554, 561 

public printing commission 553, 563 

railroad commissioners 553, 560 

raising Long Island bridge 58S 

remodeling -state house 403 

removing obstructions from Basin Bridge channel. . 574 

repair of supreme court room 580 

sanitary inspection and pure food laws 547 

Secretary of state 552, 558 

state auditor 557, 564 

state board of agriculture 554, 560 

state board of charities and correction 555, 561 

state board of health 555, 561 

state historian 556, 563 

state house 554, 561 

state library 554, 561 



1909] INDEX. 745 

Appropriations for state prison 555, 562 

state treasury 552, 558 

steamboat inspectors 557, 564 

superior court 553, 559 

support and encouragement of common schools. .541, 557, 564 

suppression of brown-tail and gypsy moths 557, 573 

supreme court 553, 559 

tax commission 557, 564 

tuberculosis dispensaries 519, 557, 564 

vital statistics 557, 563 

Appropriation in favor of Ahern, Eobert L 590 

Bartlett, John F 589 

Bent & Bush Co 589 

Beverstock, Oscar D 589 

Bickford, Arthur F 589 

Brigham, George H 566 

Britton, A. H. & Co 589 

Brown, Forest G 589 

Burke, Eichard P 566 

Callaghan, Bessie A 589 

Calvert, Edgar H 589 

Carey, Bernard W 589 

Carter, George E 590 

Clancy, Rose M 589 

committee on appropriations 590 

Concord Light & Power Co 590 

Coughlin, John 567 

Crane, Porter 566 

Critchett, William W 589 

Dadmun, C. W 590 

Davis, Albert P 589 

Davis, Harold L 589 

Dickey, Ira W 580 

Dow, William E 589 

Dunlap, W. H. & Co 590 

Dwyer, Honora Agnes 589 

Eastman, Edson C 590 

Elwell, Clinton 589 

Emery, John F 575 

Fitzpatrick, Martin W 590 

Flaherty, Patrick J 580 

Foss, Clayton C 589 

Foster 's Democrat 590 

Eraser, David 589 

Gage, J. E 590 

George, Helen 589 

Gifford, Alpha 589 

Glick, E. L 590 

Gocha, John B 574 

Goodman, W. P 590 



4G INDEX. [1909 



Appropriation in favor of Goodwin, Cliarles B 586 

Gordon, Earle C 590 

Hawkes & Davis 590 

Hayes, Edward J 589, 590 

Horton, George E 590 

Huntoon, Frank W 590 

Hutchinson Building Co 590 

J. M. Stewart & Sons Co 590 

Jenkins, Melvin J 589 

Jenks, Walter L. & Co 590 

John B. Clarke Publishing Co 590 

Kearns, Mark A 570 

Lafond, Norbert 580 

Law, John K 566 

Laws, W. H 590 

Lee, Harry A 580 

Loughlin, James 589 

Melvin & Fitts 590 

Merryman, Carl P 589 

militia participating in Pine Camp manosu- 

vers 587 

Monitor & Statesman Co 590 

Nelson, Howard 589 

O 'Dowd, Eichard M 589 

Parker, George W 589 

Patriot Publishing Co 590 

Portsmouth Chronicle 590 

Portsmouth Herald 590 

Portsmouth Times 590 

Eainville, George A 589 

Remington Typewriter Co 590 

Riordan, Thomas F 571 

Robinson, Harry J. A 566 

Sanborn, Eugene D 589 

Sanborn, Lizzie H 589 

Sentinel Printing Co 590 

Smith Premier Typewriter Co 590 

Swain, C. H. & Co 590 

Telegraph Publishing Co 590 

Thayer, William E 566 

Thurber, Carl B 590 

Times Publishing Co 590 

Tyler, Arthur A 590 

Union Publishing Co 590 

Walker, Arthur P 590 

Ward, Walter J. A 589 

Wentworth, Bert 589 

Weston, William H 566 

White, B. C 590 

Willey, Frank A 566 

Young, Harrie M 590 



1909] INDEX. 747 

Appropriations for school purposes in 1909 legalized 400 

for state expenditures to be specific 335 

Attorney-general, appropriations for department 553, 559 

to prosecute violations of legislative counsel act. . . . 363 

Aureolus less than ten inches long not to be taken 332 

Australian ballot, appropriations for 557, 563 

Automobile department, appropriations for 556, 563 

Automobiles, registration by manufacturer or dealer 529 

by non-resident 530 

by resident owner 528 

speed and operation regulated 530 

Baboosic lake, appropriation for fish screen ■ 571 

Baldwin, Martha J., homestead severed from Bennington school district 

and annexed to Antrim school district 621 

Bank commissioners, appropriations for department 553, 560 

may be detailed to audit state accounts 382 

Bartlett, John F., appropriation in favor of 589 

Basin Bridge channel, appropriation for removing obstructions 574 

Beaver protected 331 

Bent & Bush Co., appropriation in favor of 5SP 

Berlin, board of assessors created 725 

council 2uay fix salaries of assessors for 1909-10 724 

exemption of Albert Theatre from taxation authorized 717 

Beverstock, Oscar D., appropriation in favor of 589 

Bickford, Arthur F., appropriation in favor of 589 

Big island in Island pond annexed to Pelham 670 

Bill fish protected 347 

Black bass less than eight inches long not to be taken 332 

protection in Sunapee lake 337 

Blue fins protected 347, 383 

Boscawen special school district part of Penacook union school district. 613 

Brigham, George H., appropriation in favor of 566 

Bounty on bears and grasshoppers, appropriations for 556, 563 

Brentwood, appropriation for highway in 577 

Britton, A. H. & Co., appropriation in favor of 589 

Brook trout. See Trout. 

Brown, Forest G., appropriation in favor of 589 

Brown-tail moths, appropriations for suppression of 557, 573 

Brush fire in time of drouth prohibited 500 

Bucket shop, maintenance prohibited 354 

Burke, Richard P., appropriation in favor of 566 

Calbaghan, Bessie A., appropriation in favor of 589 

Calvert, Edgar H., appropriation in favor of 589 

Canobie lake closed to ice fishing 509 

Capital Fire Insurance Co., capital stock increased 611 

Carey, Bernard W., appropriation in favor of 589 

Carrie F. Wright (Hospital exempted from taxation 682 

Carroll county, terms of superior court 351 

Carter, George E., appropriation in favor of 590 



748 INDEX. [1909 

Cattle commission, appropriation for 561 

compensation and expenses of 505 

Center Harbor, lay-out of highway to Sturtevant island authorized. . . . 684 

Cheshire county, taking water of Partridge brook for county farm 

authorized 548 

Children, admission to places of amusement regulated 509 

unclaimed, adoption and transfer of 513 

Clams, towns may regulate digging of 361 

Clancy, Eose M., appropriation in favor of 589 

Claremout, board of assessors created 621 

police court established 622 

Claremont, city charter of 629-641 

acceptance of provisions by popular vote 641 

administrative officers, appointment and tenure of office 637 

appropriations, annual estimates of 640 

required to be specific 640 

city auditor, election and duties 633, 638 

city clerk, election and duties 632, 637 

city solicitor, appointment and duties : 637, 638 

city treasurer, appointment and duties 637, 638 

commissioner of public works, appointment and duties 637, 638 

competitive bids for work and supplies, when required 640 

contracts to be in writing, when 641 

council, annual appropriations by 634 

election and terms of office of members 631 

majority vote of, when required 634 

meetings of, to be open 633 

members not to be interested in city contracts, etc 633 

members not to hold other city office 635 

organization of 632 

powers and duties of 631 

temporary vacancy of president, etc., how filled 633 

to elect certain officers 633 

vacancies in, how filled 633 

election officers, how chosen; duties of 629, 630 

executive and legislative departments 630 

fire and police departments 634 

grant of exclusive franchise restricted 634 

initiative and referendum 639 

mayor, appointment and removal of administrative officers by 636, 637 

election and term of office 631 

powers, duties, and compensation of 630, 635, 636 

removal of, for misconduct 634 

vacancy in office, how filled 636 

veto power of 635 

municipal election, when held 631 

candidates, how nominated 631 

school board, election and term of office 631 

to manage and control schools 636 

vacancies, how filled 637 



1909] INDEX. 749 

Claremont, city charter of: 

school-district administration, how vested 630 

Stevens High School committee, election and duties 633, 637 

subordinate officers, appointment and removal 639 

town property vested in city 630 

trustees of public library, appointment and duties 637, 638 

trustees of trust funds, election and duties 633, 638 

Claremont General Hospital exempted from taxation 668 

Clough pond, name changed to Joe Sylvia lake 377 

Cocaine, sale of, regulated 545 

sale of catarrh cure containing, prohibited 544 

sale of unlawful preparation containing, how punished 545 

Cocheco Manufacturing Co., transfer of certain rights to Pacific Mills 

authorized 624 

Committee on appropriations, appropriation in favor of 590 

Concealed weapons, carrying of, regulated 451 

Concord, construction and maintenance of auditorium authorized 620 

Concord, revision of city charter 693-712 

administration by mayor and aldermen 694 

adoption of revision; election, how conducted; votes, how returned. 711 

board of aldermen, powers and duties 702 

members not eligible to other city office 709 

board of assessors, election and duties 705 

books and records, how kept 707 

chairman, duties and powers 706 

clerk, election and duties 705, 706 

employment of assistants 706 

expenses to be certified 707 

organization, meetings, and office hours 706 

board of jjublic works, powers and duties 702, 703 

limitation of jurisdiction 705 

to grant certain licenses and permits 704 

to submit estimates of appropriations 704 

city clerk and other municipal officers, how chosen 708 

division into wards and school districts 694 

election in 1910, how conducted 699 

elections and primaries, when and where held; how conducted. .. .694, 695 

nominations, how made 695 

plurality vote to elect 696 

preparation of check-liats 695 

primary and election ballots, how pre- 
pared; names of candidates, how 

grouped 695, 696, 697 

recounts and contests, how conducted.... 698 

tally-sheets and ballots, disposition of . . . . 698 

tie vote for mayor 696 

for other officers 697 

mayor, powers and duties 700-702 

vacancy in office, how filled 699 

mayor and aldermen, organization of 699 

municipal officer not to deal with city, etc 709 



r50 



INDEX. [1909 



Concord, revision of city charter: 

police force, how chosen and constituted '07 

prior enactments, when saved or repealed "10 

removals from office '08 

salaries of mayor and aldermen "09 

terms of office of certain officers 699 

vacancy in office of alderman, assessor, etc., how filled 700 

vacancy pending induction into office, how filled 699 

Concord Light & Power Co., appropriation in favor of 590 

Connecticut river, appropriation for buoys in 569 

Connecticut Eiver Power Co., charter amended 731 

Constitutional convention, sense of voters to be taken in 1910 567 

Conway Electric Light and Power Co., charter of 715 

Coos and Essex Agricultural Society, capital stock increased 656 

Coos county, salary of register of probate 401 

Cobbett pond closed to ice-fishing 509 

Corporation, stockholders' right to vote, how limited 326 

Corporations : 

Amoskeag Manufacturing Co., construction of dam across Merri- 
mack river authorized 734 

Capital Fire Insurance Co., capital stock increased 611 

Cocheeo Manufacturing Co., transfer of certain rights to Pacific 

Mills authorized 624 

Connecticut River Power Co., charter amended 731 

Conway Electric Light and Power Co., charter of 715 

Coos and Essex Agricultural Society, capital stock increased 656 

Derry & iSalem Street Railway Co., charter extended 608 

Derryfield Mutual Fire Insurance Co., charter of 625 

Dover Children's Home, increase of holdings of property authorized 651 
Dover, Somersworth & Rochester Street Railway, discontinuance 

legalized 602 

Farmers ' Mutual Fire Insurance Co., of Bartlett, Jackson, and Con- 
way, charter of 714 

Hampstead & Haverhill Street Railway Co., charter of 653 

Hampton Water-Works Co., capital stock increased; purchase of 

property and franchises of North Shore Water Co. authorized. . 730 

Keene Electric Railway Co., charter extended 007 

Keene Gas and Electric Co., capital stock increased; purchase of 

rights and franchises authorized 662 

Keene Lodge, No. 927, of the Benevolent and Protective Order of 

Elks, charter of 604 

Knights oif King Solomon, charter of 674 

Manchester Masonic Building Association, charter of 648 

Manchester Women's Aid and Relief Society, charter of 599 

Masonic Home, charter amended 597 

Meredith & Ossipee Valley Railroad Co., charter extended 600 

Nashua & Hollis Electric Railroad Co., charter extended 623 

New Hampshire Fire Insurance Co., charter amended 610 

New Hampton and Meredith Freewill Baptist Society, name 

changed to New Hampton Free Baptist Society 606 



1909 J INDEX. 751 

Corporations: 

Newport & Sunapee Railway ami Development Co., charter ox- 
tended 

No 290, Fraternal Order of Eagles, of Manchester, N. IL, charter 

» 718 

of 

North Conway & Mount Kearsarge Railroad, cliartor extended 672 

North Sandwich Cemetery Association, charter of 645 

North Shore Water Co., organization and acts legalized 657 

Oak Hill Lodge, No. 97, I. O. O. F., of Manchester, N. H., char- 



ter of 



598 



Peerless Casualty Co., change to stock company authorized 7:50 

Pittsfield Light and Power Co., charter amended 7.33 

Prudential Fire Insurance Co., charter revived and extended; prin- 
cipal place of business to be in Manchester '. . . 596 

Pythian Building Association, charter of 728 

Raymond Electric Co., charter of 60S 

Rising Sun Lodge, No. 39, A. F. & A. M., of Nashua, investment 

in stock of building association authorized 604 

Rochester Gaslight Co., charter amended 652 

St. Mary's Co-operative Credit Association, charter of 687 

Titigaw Tribe No. 38, Improved Order of Bed Men, of Enfield, 

tfharter of 642 

Underwriters Fire Insurance Co., classification of stock 612 

Wentworth Home for the Aged of Dover, increase of holdings of 

property authorized 647 

Woodstock & Thornton Gore Railroad, charter of 672 

Coughlin, John, appropriation in favor of 567 

Crane, Porter, appropriation in favor of 566 

Crescent island annexed to Moultonborough 660 

Critchett, William W., appropriation in favor of 589 

Dadmun, C. W., appropriation in favor of 590 

Dartmouth College, appropriations for 557, 564, 565 

Davis, Albert P., appropriation in favor of , 589 

Davis, Harold L., appropriation in favor of 589 

Deaf, dumb, and blind, appropriations for 556, 562 

Deer, killing of, regulated 445 

what deemed evidence of unlawful killing 332 

Deputy secretary of state, salary of, how determined 387 

Deputy sheriff, fees of, for attendance at court 376 

Deputy state treasurer, salary of, how determined 387 

Derry & Salem Street Railway Co., charter extended 608 

Derryfield Mutual Fire Insurance Co., charter of 625 

Dickey, Ira W., appropriation in favor of 580 

Dining cars, taxation of 357 

Direct primary law 520-528 

act to receive liberal construction 528 

check-list, how prepared, corrected, and preserved 523, 524 

declaration of candidacy, form of; when filed 521, 522 

failure to forward, penalty 526 

election of state delegates 521 

election officers, who are considered 520 



752 



INDEX. [1909 



Direct primary law: 

existing election laws, when applicable 527 

fees to be paid by candidates 522 

disposition of ^-^ 

forms, blanks, ballots, etc., how furnished 527 

meaning of certain words 520 

methods of nomination 520 

not applicable to certain elections 520 

official ballot, form and preparation 522, 523 

party organizations, how effected 527 

party platforms, how and when adopted 527 

plurality of votes to nominate 525 

primary, notice of, how and by whom given 521 

when and where held 521 

registry of voters according to parties 523, 524 

returns, how canvassed and published 525 

vacancies on party ticket, how filled 525 

votes, how counted and returned 525 

recount of, how obtained and conducted 525 

District Nursing Association of Manchester exempted from taxation. . 606 

Dogs kept for breeding, how licensed 508 

Domestic pigeons or doves protected 327 

Doors of public buildings to open outward 4-±7 

Dover Children's Home, increase of holdings of property authorized. . . . 651 

Dover, Somersworth & Rochester Street Railway, discontinuance legalized 602 

Dow, William E., appropriation in favor of 589 

Duncan lake, certain rights in, granted to Charles A. Wiggin 613 

Dunlap, W. H. & Co., appropriation in favor of 590 

Dwyer, Honora Agnes, appropriation in favor of 589 

East Side road provided for 533 

Eastman, Edson C, appropriation in favor of 590 

Effingham and Ossipee Center road, appropriation for 578 

Elliot Hospital exempted from taxation 717 

Elwell, Clinton, appropriation in favor of 589 

Emery, John F., appropriation in favor of 575 

Emily Balch Cottage Hospital Association exempted from taxation. . . . 656 

Endieott rock, appropriation for lights and approaches 575 

Epping, appropriation for highway in 577 

Exempted manufacturing property to pay state and county taxes 550 

' ' Express business, ' ' meaning of 356 

Express companies, taxation of 357 

Express matter, street railways may transport 356 

Farmers ' Mutual Fire Insurance Co., of Bartlett, Jackson, and Con- 
way, charter of 71-4 

Fees for examination in tuberculosis dispensary 519 

for pawnbroker 's license 503 

for reciprocity certificate to pharmacist 453 

for recount of votes cast at primary 526 

for registration of automobiles 528-530 

for return and record of tax sales 333 



1909] INDEX. 753 

Fees of candidates for party nominations 522 

of deputy sheriff for attendance at court 376 

Ferret, use of, in hunting prohibited 332 

Fire-escapes, certain buildings to have 547 

Firemen's pension act, adoption of, by popular vote 452 

Firemen's relief fund, appropriations for 556, 563 

Fish and Game: 

aureolus less than ten inches long not to be taken 332 

beaver protected 331 

bill fish protected 347 

black bass less than eight inches long not to be taken 332 

protection in Sunapee lake 337 

blue fins protected 347, 383 

Canobie lake closed to ice-fishing 509 

clams, towns may regulate digging of 361 

Cobbett pond closed to ice-fishing 509 

deer, killing of, regulated 445 

what deemed evidence of unlawful killing 332 

domestic pigeons or doves protected 327 

foreign game birds protected 328 

Gile pond closed to ice-fishing 509 

hares protected 339 

hunting from power boats prohibite 1 359 

hunting with ferret prohibited 332 

Keyser lake closed to ice fishing 509 

lake trout protected 347, 383 

taking with troll restricted 511 

landlocked salmon less than twelve inches long not to be taken. . . . 332 

protection of 347, 383 

taking with troll restricted 511 

lobster less than 'ten and a half inches long not to be taken 332 

not to be taken while carrying spawn 332 

Mosquito pond closed to ice-fishing 328 

non-resident and alien hunters, licensing of 366, 399 

pheasants protected 328 

pickerel less than twelve inches long not to be taken 332 

protection of 517 

Pleasant lake closed to ice-fishing 343 

purse seines in Atlantic oceato, use regulated 338 

rabbits protected 339 

resident hunters, licensing of 334 

shad- waiters protected 347, 383 

smelts, taking with seine in Piscataqua river, etc., regulated 516 

suspension of shooting season during drouth 368 

close season laws in force during suspension 368 

trout less ithan five inches long not to be taken 332 

protection in Eussell pond 448 

Webster lake, fishing in, regulated 377 

white fish protected 347, 383 

Fish and game commissioners, appropriations for department 554,560 

compensation of, how paid 331 



754 



INDEX. [1909 



Fitzpatriek. Martin W., appropriation in favor of 590 

Flaherty. Patrick J., appropriation in favor of 580 

Foreign game birds protected 328 

Forei'Tn life insurance companies, taxation of 384 

Forest fire, expense of fighting, how borne 499, 500 

failure to extinguish, penalty 501 

liability for damage by 501 

portable mills to have spark arresters, when 541 

Forest fire wardens, appointment and duties 498, 499 

duties with respect to portable mills 541 

neglect of duty by, penalty 501 

right to arrest 500 

to report to state forester 500 

Forest lake, appropriation for fish screen 573 

Forestry commission, appointment and duties 497 

establishment of public parks by 501 

Forestry protection, appropriations for 557, 564 

Foss, Clayton C, appropriation in favor of 589 

Foster's Democrat, appropriation in favor of 590 

Francestown, appropriation for repair of ' ' Old church ' ' ratified 728 

Franklin, boundary between city and Northfield established 626 

Fraser, David, appropriation in favor of 589 

Free railroad pass law 494-496 

Gage, J. E., appropriation in favor of 590 

General court, railroad transportation of members, etc., provided for. . 542 

George, Helen, appropriation in favor of 589 

Gifford, Alpha, appropriation in favor of 589 

Gile pond closed to ice-fishing 509 

Gilford, lease of land for public wharves authorized 623 

Gilsum, town-meeting legalized 682 

Glick, E. L., appropriation in favor of 590 

Gocha, John B., appropriation in favor of 574 

Goodman, W. P., appropriation in favor of 590 

Goodwin, Charles B., appropriation in favor of 586 

Gordon, Earle C, appropriation in favor of 590 

Governor, powers and duties with respect to militia. See New Hamp- 
shire National Guard, 
to appoint commission on reduction of house of representa- 
tives 360 

to appoint forestry commission 497 

to appoint state auditor 379 

to contract for railroad transportation of members of legis- 
lature, etc 542 

Governor and council, appropriations for 551, 558 

may detail bank commissioners to audit state 

accounts 382 

may repair state buildings in case of fire 569 

may suspend shooting season in time of drouth. . 368 

to appoint Piscataqua river dam commission. . . . 576 



1909] INDEX. 755 

Governor and council, to designate routes of East Side, Merrimack Val- 
ley, and West Side roads 533 

to fix compensation of cattle commissioners. . . . 505 

to issue permi'ts to paroled convicts 460 

to superintend remodeling of state house 403 

Grafton countv, judicial districts abolished 463 

salary of solicitor 448 

terms of superior court 463 

Grand Army of Eepublic, appropriations for 557, 563 

Granite State Dairymen's Association, appropriations for 556, 563 

Guardian, private sale of real estate by 366 

Gypsy moths, appropriations for suppression of 557, 573 

Hampstead & Haverhill iStreet E-ailway Co., charter of 653 

Hampton, taxation for purchase of chemical fire engine authorized. . 724 
Hampton Water-works Co., capital stock increased; purchase of prop- 
erty and franchises of North Shore Water Co. authorized 730 

Hares protected 339 

Harrison, Henry, homestead severed from Bennington school district 

and annexed to Antrim school district 621 

Hawkes & Davis, appropriation in favor of 590 

Hayes, Edward J., appropriations