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

See other formats

University of

')•

■^t'

LAWS

STATE OF NEW HAMPSHIRE

PASSED JANUARY SESSION, 1911

LEGISLATURE CONVENED JANUARY 3, ADJOURNED APRIL 15.

CONCORD, N. H.
1911.

Printco Bv The John B. Clarke Companv, Manchcstcr
Bound by George G. Neal, Dover

STATE OFFlCEIiS.

ROBERT P. BASS, Governor.

TnO]\[AS EXTWISTLE,

HARRY T. LORD,

BENJAMIN F. GREER, ^Conn^Uors.

JOHN i\r. GILE,

GEORGE II. TURNER,

WILLIAM D. SWART, President of the Senate.

FRANK A. ML^SGROVE, Speaker of the House of Bepresenta-

tives.
MARTIN W. FITZPATRICK, rterl- of the Senate.
IIARRIE M. YOUNG, Clerk of the House of Representatives.
EDWARD N. PEARSON, Secretary of State.
ARTHUR L. WILLIS, Deputy Secretary of State.
SOLON A. CARTER, State Treasurer.
J. WESLEY PLUMMER, Deputy State Treasurer.
FRANK A. MUSGROVE, State Auditor.
HERBERT E. TUTLIERLY, Adjutant-General.
GEORGE H. ADA]\IS, Insurance Commissioner.
HENRY C. MORRISON, Superintendent of Public Instruction.
JOHN S. B. DAYIE, Commissioner of Lahor.
HARRY C. HILL, State Engineer.

NAHUM J. BACHELimJl,' Secretary Board of Agricidture.
IRVING A. WATSON, M. D., Secretary of Board of Health.
ARTPIUR H. CHASE, State Librarian.
ALBERT S. BATCHELLOR, Editor of State Papers.
WILLIAjM J. AHERN, Secretary of Board of Charities and

Correction.
HENRY K. W. SCOTT, ^Varden of State Prison.
EDGAR C. HIRST, State Forester.
RICHARD M. SCAMMON, ]

ARTHUR E. DOLE, yBanJi- Commissioners.

HENRY F. GREEN, j

/ fol<f

4 State Officeks.

CYKUS H. LITTLE. 1

HENRY W. KEYES, Y State Board of License Commissioners.

JOHN KIYEL, J

ALBERT O. BROWN, 1

WILLIAM B. FELLOWS, Y Tax Commissioners.

JOHN T. AMEY, J

EDWARD C. NILES, ]

JOHN E. BENTON, y Public Service Commission.

THOMAS W. D. WORTHEN, J

NATHANIEL WENTWORTH,^ .^^^ ^^^^ ^^^^^^ Commission-

CHARLES B. CLARKE, |- ^,,^

FRANK P. BROWN, j

W. ROBINSON BROWN, ]

GEORGE B. LEIGHTON^, y Forestry Commission.

JASON E. TOLLES, J

EDWARD C. NILES,

WILLIAM B. FELLOWS,

RICHARD M. SCAMMON, )- Public Printing) Commission.

HENRY W. KEYES,

J. WESLEY PLUMMER,

SUPREME COURT.

issociate Justices.

FRANK N. PARSONS, Chief Justice

REUBEN E. WALKER,

GEORGE 11. BINGHAM,

JOHI^E. YOUNG,

ROBERT J. PEASLEE,

EDWIN G. EASTMAN, Attorney-General

JOHN H. RIEDELL, Law Reporter.

SUPERIOR COURT.

ROBERT M. WALLACE, Chief Justice
ROBERT G. PIKE,
ROBERT N. CHAMBERLIN.
WILLIAM A. PLU]\[1\IER,
JOHN M. MITCHELL,

^ Associate Justices.

LAWS

STATE OF NEW HAMPSHIRE,

PASSED JANUARY SESSION, 1911.

CHAPTER 1.

AN ACT KEPEALING SECTION 8 OF CHAPTER 102 OF THE LAWS OF
1909 AND ENACTING A NEW SECTION IN PLACE THEREOF.

Section . Section

1. Staff of the governor. 2. Repealing clause; act takes effect on

I passage.

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

Section 1. Section 8 of chapter 102 of the Laws of 1909 is staff of
hereby repealed, and the following shall be substituted in place
thereof : Sect. 8. The staft" of the governor shall consist of one
adjutant-general who shall be chief of staff with the rank of
brigadier-general, who shall be the adjutant-general of the state,
and eight aides-de-camp, who shall have the rank of major, except
as hereinafter provided. The adjutant-general and the aides-de-
camp may be appointed without restriction as to the source of
selection. Any officers of the active militia of the state may be
detailed by the governor to act as aides-de-camp ; the officers so
detailed shall retain their previous rank, and shall remain subject
to duty with their respective organizations, except at such times
as their services may be required by the governor as members of
his staff. The adjutant-general and all members of the staff shall

Chapter 2.

[lyil

Repealing
clause; act
takes effect
OQ passage.

be appointed or detailed by the governor, and shall serve as such
during his pleasure, and their commissions or details, as the case
may be, shall expire with the term of office of the governor by
whom they were so appointed or detailed.

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

[Approved January 13, 1911.]

CHAPTEK 2.

AlSr ACT ENTITLED AIST ACT TO EESTKICT THE USE OF COMMON

DEINKING CUPS.

Section

1. state board of health may prohibit

use.

2. Penalty for violation.

Section

3. Repealing clause.

4. Takes effect on passage.

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

Board of
health may
prohibit.

Penalty.

Repealing
clause.

Takes effect
on passage.

Section 1. In order to prevent the spread of communicable
diseases, the state board of health is hereby authorized to pro-
hibit in such public places, vehicles or buildings as it may desig-
nate the providing of a common drinking cup and the board may
establish rules and regulations for this purpose.

Sect. 2. Whoever violates the provisions of this act or any
rule or regulation of the state board of health made under author-
ity hereof shall be deemed guilty of a misdemeanor and be liable
to a fine not exceeding twenty-five dollars for each offense.

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

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

[Approved February 2, 1911.]

1911] Chapters 3, 4.

CHAPTER 3.

AN ACT IN AMENDMENT OF SECTION 3, CHAPTEK 18G OF THE
PUBLIC STATUTES^ RELATINCI TO A DEVISE OR LEGACY GIVEN BY
A WILL TO ONE OF THE WITNESSES TO THE WILL.

Section
1. Void unless will witnessed by three
others.

Section
2. Takes effect on passage.

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

Section 1. After the word ''thereto" in the second line of ^P/i"^ ^Mf^|||g3
said section, insert the words, or to the wife or husband of such by three

0xii6rs

a witness ; strike out the words ''as to such witness and those
claiming under him" in the second and third lines, and substitute
for "he" in the fourth line, the words, such subscribing witness,
so that the section as amended shall read as follows : Sect. 3.
Any beneficial devise or legacy made or given in a will to a sub-
scribing witness thereto or to the wife or husband of such a wit-
ness shall be void unless there be three other subscribing wit-
nesses, and such subscribing witness shall be a competent witness
thereto ; but a provision therein for the payment of a debt shall
not be void nor disqualify the creditor as a witness thereto.

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

1 1 o on passage.

[Approved February 2, 1911.]

CHAPTER 4.

AN ACT RELATING TO PUBLICATION OF WRITS, PETITIONS AND
SIMILAR PROCESS BY ORDER OF COURT.

Section
1. What sufficient when original proc-
ess on file.

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, Where notice by publication in a newspaper is what sutH-
ordered by any court upon any petition, writ or other similar original on
process, the original of which is upon file in such court, it shall ^^^'
be sufficient to publish a citation containing the title of the case,
the name of the court in which it is pending, the time and place

Chapter 5.

[1911

Repealing
clause; act
takes effect
on passage.

of the return and hearing, the fact that such original is on file
and may be examined by interested parties, and such other facts
as the court may order.

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

[Approved February 2, 1911.]

CHAPTEE 5.

Als^ ACT IN^ AMENDMENT OF CHAPTER 53 OF THE PUBLIC STATUTES
AS AMENDED BY CHAPTEE 27 OF THE LAWS OF 1909 RELATING
TO VILLAGE DISTRICTS.

Section
1. District
lished.

boundaries, how estab-

Section
2. Takes effect on passage.

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

District
boundaries,
how estab-
lished.

Takes effect
on passage.

Section 1. Amend section 1, chapter 53, of the Public Stat-
utes by striking out the words [the] "village and such adjacent"
and inserting in place thereof the word such so that said sec-
tion as amended shall read as follows : Section 1. Upon peti-
tion of ten or more legal voters, inhabitants of any village situate
in one or more towns, the selectmen of such town or towns shall
fix, by suitable boundaries, a district including such 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 light-
ing or sprinkling of streets, the planting and caring for shade
and ornamental trees, the supply of water for domestic and fire
purposes, the construction and maintenance of sidewalks and
main drains or common sewers, and the appointing and employ-
ing of watchmen and police officers. They shall cause a record
of the petition and their doings thereon to be recorded in the rec-
ords of the towns in which the district is situated.

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

[Approved February 8, 1911.]

1911]

Chapter 6.
CHAPTER 0.

AN ACT TO I'UOVIDI-: FOK THE ItKCJ ISTKATTON OF ALL CASES OF
TUBERCULOSIS AND TO PREVENT THE SPREAD OF THE DISEASE.

Section

1. Cases to be reported.

2. Examination of sputa.

8. Record of cases to be secret.

4. Instructions as to care of patients.

5. Recoveries to be reported.

Section

6. State board of health to distribute

laws.

7. Penalty for violation.

8. Repealing clause; act takes effect

on passage.

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

Section ]. It shall be the duty of every physician practieing cases to be
medicine or surgery in the State of Xew Hampshire to report in ^^^°^
writing to the state board of health, within one week after the
disease is recognized, on forms to be provided by the said board,
the name, age, sex, color, occupation and address of every person
under his care in this state who in his opinion is infected with
pulmonary or other form of tuberculosis. It shall also be the
duty of the officer having charge for the time being of each and
every hospital, dispensary, asylum or other public or private insti-
tution in the state to report in like manner the name, age, sex,
color, occupation and last address of every person in his care or
who has come under his observation within one week of such time,
who in his opinion is infected with pulmonary or other form of
tuberculosis.

Sect. 2. The state board of health shall provide for an imme- Examination
diate bacteriological examination at the state laboratory of hy- °' sputa,
giene of all samples of sputum forwarded by physicians for the
purpose of determining suspected cases of tuberculosis in this
state free of charge, and shall report results prompth^ to the phy-
sician who sent the specimen. In negative results, successive
examinations shall be made from time to time so long as the attend-
ing physician may be of the opinion that the case may be tuber-
culosis.

Sect. 3. The state board of health shall cause all cases show- Record of
ing the presence of tubercle bacilli to be recorded in a register, s|cret.*^° ^^
of which the board shall be the custodian and Avhich shall not be
open to inspection, nor shall the board permit any such record
•to be divulged in any manner to disclose the identity of the person
to whom it relates, except to a health officer, if deemed necessary,
to carry out the provisions of this act.

Sect. 4. It shall be the duty of the state board of health in instructions
every case where a bacteriological examination reveals the exist- pltients.^"^^
ence of tuberculosis, to supply to such person or to those in charge
of such person, unless otherwise requested by the attending physi-

Chapter 7

[1911

Report of re-
coveries.

Distributiou
of laws.

Penalty for
violation.

Repealing
clause; act
takes effect
on passage.

cian, instructions as to the methods to be employed to prevent the
spread of the disease.

Sect. 5. Upon the recovery of any person who has been found
to be infected with tuberculosis, a report to that effect shall be
made to the state board of health by the attending physician, and
shall be recorded in the register aforesaid, and shall relieve the
said person from further liability to any requirement imposed
by this act.

Sect. 6. As soon as practicable after the passage of this act.
the state board of health shall transmit to every registered or
licensed physician in the state, to every board of health, and to
such institutions as are mentioned, a copy of this act, together
with a copy of chapter 17, Laws of 1905, entitled, "An act to pre-
vent the spread of consumption," and providing for disinfection
after death from pulmonary consumption, or the removal of a
consumptive patient.

Sect. 7. Any person violating the provisions of this act shall,
upon conviction thereof, be deemed guilty of a misdemeanor and
shall be punished by a fine of ten dollars, or imprisonment for
thirty days, or both.

Sect. 8. All acts and parts of acts inconsistent with this act
are hereby repealed, and this act shall take effect upon its passage.

[Approved February 8, 1911.]

CHAPTER 7.

AN ACT IN AMENDMENT OF CHAPTER 162, LAWS OF 1909, ENTITLED
"an ACT TO PROHIBIT THE MANUFACTURE AND SALE OF COCAINE
AND ARTICLES CONTAINING COCAINE."

Section
1. Sale of cocaine regulated.

Section
2. Takes effect on passage.

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

Salo of
cocaine
regulated.

Section 1. Amend section 2 of chapter 162 Laws of 1909
by striking out the word "of" in the eleventh [ninth] line of said
section and substituting therefor the word to, so that the section
as amended shall read as follows : Sect. 2. It shall be unlaw-
ful 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, restau-
rant, liquor saloon, bar-room, public hall, place of amusement, or

1911] Chapters 8, 9. 11

public building any cocaine or any of its salts, or any synthetic
substitute for the aforesaid, or any preparation containing any of
the same, provided, however, that the foregoing provisions shall
not apply to sales to apothecaries, druggists, physicians, veteri-
naries and dentists, or to sales by apothecaries or druggists upon
the original prescription of a physician, provided the prescription
is retained and kept on file as authority for the sale and not
refilled.

Sect. 2. This act shall take effect upon its passage. "^^kes effect

^ i: ^ on passage.

[Approved February 8, 1911.]

CHAPTER 8.

AN ACT TO FIX THE TIME OF DAY FOR HOLDING THE BIENNIAL
ELECTIONS IN TOWNS.

Section i Section

1. Polls to open and close, when. I 2. Takes effect on passage.

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

Section 1. At all biennial elections in towns the polls shall Poiia to open
be opened not later than ten o'clock in the forenoon and shall not when,
be closed earlier than three o'clock in the afternoon.

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

i- i. o on passage.

[Approved February 8, 1911.]

CHAPTEE 9.

AN ACT TO AMEND SECTION 1, CHAPTEE 104, LAWS OF 1899, AS
AMENDED BY SECTION 1, CHAPTER 65, LAWS OF 1901, RELAT-
ING TO THE SALARY OF THE SECRETARY OF STATE.

Section
1. Annual salary of $4,000.

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

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

Section 1. Section 1 of chapter 104 of the Laws of 1899, ^nn^^^^aiary
as amended by section 1 of chapter 65 of the Laws of 1903, is

Chapter 10.

[1911

hereby amended by striking out the word ''three" and inserting
in place thereof the word four, so that said section as amended
shall read as follows: Section 1. Chapter 286 of the Public
Statutes is hereby amended by striking out all of section 3 and
inserting the following: Sect. 3. The annual salary of the
secretary of state shall be four thousand dollars, which shall be in
full for his services. He shall render an account to the governor
and council of all fees received by him for ci^al commissions, for
making and giving copies and certificates to individuals for pri-
vate use, and of all other fees received by him for official acts,
quarterly in the last days of March, June, September, and De-
cember of each year, and shall pay the amount thereof to the state
treasurer for the use of the state.
Repealing Sect. 2. All acts and parts of acts inconsistent with the pro-

takes 'effect visions of this act are hereby repealed, and this act shall take

on passage. ££ j. 'j.

eiiect upon its passage.

[Approved February 9, 1911.]

CHAPTEE 10.

AN act in amendment OF SECTION 7, OF CHAPTER 53, OF THE
PUBLIC STATUTES, RELATING TO THE OFFICERS OF VILLAGE
DISTRICTS.

Section
1. Commissioners may be chosen for
varying terms.

Section
2. Takes effect on passage.

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

Commission-
ers for vary-
ing terms.

Takes effect
on passage.

Section 1. Section 7 of chapter .53 of the Public Statutes,
is hereby amended by adding thereto, at the end thereof, the fol-
lowing sentence : Village districts, voting to do so, may elect one
such commissioner to serve for the term of one year, one to serve
for the term of two years, and one to serve for the term of three
years, and at every annual meeting thereafter elect one to serve
for the term of three years.

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

[Approved February 9, 1911.]

1911]

Chapters 11, 12.
CHAPTEE 11.

AN ACT IN AMENDMENT OF CHAPTER 79, SESSION LAWS OF 1901,
AS AMENDED BY THE SESSION LAWS OF 1903, 1005, 1907, AND
1909, KELATING TO FISH AND GAME.

Section
1. Protection of pickerel in Massabesic
lake.

Section
2. Takes effect on passage.

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

Section 1. That section 59 of said chapter 79 be ameiuled JX^,^'7„ °'
by inserting the word Massabesic between the word ''Winnipesan- Mas^sabesic
kee" and the word "Winnisquam" so that said section as amended
shall read as follows Sect. 59. If any person shall take or kill
any muskellonge, pickerel, pike or grayling in any of the waters
of the 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, February, and March, from the waters of Lakes
Winnipesaukee, Massabesic, Winnisquam, Asquam, and Went-
worth, 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 for each oifense.

Sect. 2. This act shall take effect upon its passage.
[Approved February 15, 1911.]

Takes effect
on passage.

CHAPTEE 12.

AN ACT relating TO THE SALARY OF THE SOLICITOR OF THE
COUNTY OF GRAFTON.

Section
1. Annual salary of
clause.

repealing

Section
2. Takes effect on passage.

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

Section 1. That the salary of the solicitor of Grafton county trT"oV $m.
shall hereafter be eight hundred dollars per annum ; and so much
of section 17 of chapter 286 of the Public Statutes as is incon-
sistent with this act, and section 1, of chapter 109 of the Laws of
1909 is hereby repealed.

Sect. 2. This act shall take effect upon its passage. Jn^pLsSe.*

[Approved February 16, 1911.]

Chapter 13.
CHAPTER 13.

[1911

AN ACT TO AMEND AN ACT RELATING TO INSANE CRIMINALS.

Section
1. Procedure when criminal pleads in-
sanity.

Section
2. Takes effect on passage.

Procedure
when crim-
inal pleads
insanity.

Takes effect
on passage.

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

Section 1. That section 1 of chapter 21 of the Laws of 1901
be amended by striking out the last clause thereof and by adding
to said section the following: or until such person shall have been
ordered discharged from said ISTew Hampshire State Hospital by
its trustees upon a report to them by said superintendent that
such person is not insane. Whenever such person is so ordered
discharged by said trustees the superintendent shall immediately
give notice to that effect to the county solicitor of the county from
which such person was sent to the hospital, and it shall be the
duty of the county solicitor to cause such person to be immedi-
ately removed from the hospital, so that said section as amended
shall read as follows: Section 1. When a person is indicted
for any offense, or is committed to jail on any criminal charge to
await the action of the grand jury, any justice of the court be-
fore which he is to be tried, if a plea of insanity is made in court,
or said justice is notified that such plea will be made, may, in
term time or vacation, order such person into the care and custody
of the superintendent of the state asylum for the insane, to be
detained and observed by him until further order of the court, or
until such person shall have been ordered discharged from said
N'ew Hampshire State Hospital by its trustees upon a report to
them by said superintendent that such person is not insane.
Whenever such person is so ordered discharged by said trustees
the superintendent shall immediately give notice to that effect
to the county solicitor of the county from which such person was
sent to the hospital, and it shall be the duty of the county solicitor
to cause such person to be immediately removed from the hos-
pital.

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

[Approved February 16, 1911.]

1911] Chapters 14, 15. 15

CHAPTER 1-k

AN ACT RELATIVE TO THE INTEKEST OF TILE STATE OF NEW IFAMP-
SHIKE UNDER THE WILL OF JOHN NESMITH.

Section L Governor authorized to release interest.

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

Section 1, The governor, bv and with the advice and con- Governor
sent of the council, is herebv authorized and empowered, at any ?o'^reieale.
time or times hereafter, and for such consideration as to him
and it maj seem proper or sufficient, to release, surrender or con-
vey under the seal of the state such interest or portion or portions
thereof as the State of Xew Hampshire may have acquired or
may hereafter acquire under and by virtue of the will of John
ISTesmith, duly proved and allowed on the ninth day of I^ovember,
1869, in the probate court for the county of Middlesex and Com-
monwealth of ]\rassachu setts.

[Approved February 22, 1911.]

CHAPTER 15.

AN ACT TO PROMOTE THE SANITARY PRODUCTION AND DISTRIBU-
TION OF FOOD AND DEFINING THE DUTIES OF THE STATE BOARD
OF HEALTH IN RELATION THERETO.

Section

1. Unsanitary condition or practice for-

bidden.

2. "Food" includes what; unsanitary

condition, what deemed.

3. State board of health to order abate-

ments.

Section

4. Rules and regulations for enforce-

ment of act.

5. Penalty for violations or obstruc-

tions.
»'. Disposition of fines.
7. Takes effect on passage.

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

Section 1. The existence or maintenance of any unclean, un- unsanitary
healthful or unsanitary condition or practice in any establish- practice fer-
ment or place where food is produced, manufactured, stored or
sold, or of any car or vehicle used for the transportation or dis-
tribution thereof is forbidden.

Chapter 15.

[1911

"Food" in-
cludes what;
unsanitary
condition,
what deemed.

State board
of health
to order
abatements.

Rules and

regulations.

Penalty for
violations
or obstruc-
tions.

Disposition of
fines.

Takes effect
on passage.

Sect. 2. For the purpose of this act the term "food" as used
hereiu shall include all articles used for food, drink, confection-
ery, or condiment, whether simple, mixed, or compound, and all
substance and ingredients used in the preparation thereof. And
for the further pur])ose of this act unclean, unhealthful, or un-
sanitary conditions or practices shall be deemed to exist if the
floors, side-walls and ceilings are not properly constructed and
maintained subservient with this requirement ; or if food in the
process of production, storage, sale or distribution is unneces-
sarily exposed to flies, dust or dirt, or to the products of decom-
position or fermentation incident to such production, storage, sale
or distribution ; or if any person is being permitted to use as a
sleeping room any place where food is prepared for sale, stored,
served or sold ; or if any employer shall knowingly permit or suffer
any person who is affected with consumption, tuberculosis or any
other communicable disease to work in such place ; or if there is
any other condition or practice which shall be deemed as endan-
gering the wholesomeness of food.

Sect. 3. The state board of health, or its ins])ectorS; or special
agents designated for that purpose, shall have full power and au-
thority at all times to enter and inspect every building, room, or
other place occupied or used for the production, storage, sale or
distribution of food, and all utensils and appurtenances relating
thereto. And if any person, firm or corporation is found to be
violating any of the provisions of this act, then the state board of
health shall issue an order to the aforesaid to abate the condition
or practice in violation, within such time as may be deemed rea-
sonably sufficient therefor. Such order shall be transmitted by
registered mail and the receipt of the postoffice department there-
for shall be prima facie evidence of its receipt by the person or
persons affected.

Sect. 4. The state board of health is empowered to make all
necessary rules and regulations for the enforcement of this act ;
and it shall be the duty of local boards of health to assist in carry-
ing out the provisions of this chapter whenever so requested by
the state board of health.

Sect. 5. Any person, firm, company or corporation violat-
ing any of the provisions of this act and failing to comply with
the lawful orders and requirements of the state board of health
duly made and provided in sections 3 and 4 of this act, or who-
ever hinders or obstructs any inspector in the pursuit of his law-
ful duty, shall be guilty of a misdemeanor, and upon conviction
shall be punished by a fine not exceeding ten dollars.

Sect. 6. All fines collected for the violation of this act shall
be paid to the state treasurer.

Sect. 7. This act shall take effect and be in force upon its
passage.

[Approved February 22, 1911.]

1911] Chapter 16. 17

CHAPTER 10.

AX ACT RELATING TO THE LABEEIXG OF WOOD AECOIIOT-.

Section
1. Wood alcohol, etc., to be labeled
when sold; penalty for violation.

Section
2. Sale of food or drink containing
wood alcohol, penalty.

Be it enacted hy the Se)i(itc and House of Representatives in
General Court convened:

Sectiox 1. Whoever, himself, or by his servant or agent, or wood aicohoi,
as the servant or agent of anv other person sells, exchanges or de- labe'ied when
livers any wood alcohol, otherwise known as methyl alcohol, for'' vioia°?on^
either crnde or refined, or denatured alcohol which contains
any methyl alcohol, under or by whatever name or trade
mark the same may be called or known shall affix to the
bottle or vessel containing the same a label bearing the words,
Poison, not for Internal Use, in red letters of uncondensed
Gothic type not less than one fourth of an inch in height, and the
same words. Poison, not for Internal Use, in stencilled letters
of similar Gothic type of a size not less than three fourths nor
more than one and one half inches in height for use on barrels
and kegs. Whoever violates any provision of this section shall
pay a fine of not less than fifty nor more than two hundred dol-
lars for each sale in respect to which the violation occurs.

Sect. 2. Whoever, himself, or by his servant or agent, or as saie of food
the servant or agent of any other person sells, exchanges or deliv- "ainlng ^wood
ers, or has in his possession with intent to sell, exchange or de- I'lty^"'' ''^""
liver, any article of food or drink, or any drug intended for inter-
nal use, containing any wood alcohol, otherwise known as methyl
alcohol, either crude or refined, under or by whatever name or
trade mark the same may be called or known, shall be punished
by a fine of not less than two hundred dollars, or by imprisonment
for not more than thirty days, or by both such fine and imprison-
ment.

[Approved February 22, 1911.]

Chapteks 17, 18.
CHAPTEK 17.

[1911

AN ACT TO CONTROL COMMUNICABLE DISEASES IN TNINCOEPORATED

LOCALITIES.

Notice to
state board
ol health.

Powers of
board o{
health.

Penalty for
violation.

Takes effect
on passage.

Section
1. Notice to state board of health.
1. Powers of board of health.

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. Upon the appearance of smallpox, typhoid fever,
or any other dangerous, communicable disease in any unincorpo-
rated locality in this state, it shall be the duty of any person hav-
ing knowledge thereof immediately to notify the state board of
health of the appearance of such disease, provided there is no local
board of health having jurisdiction in the locality.

Sect. 2. Upon the receipt of such notice, the state board of
health shall ascertain the facts and, if deemed necessary, may
establish rules and regulations for the restriction and control of
the disease ; may appoint a sanitary officer, and may provide for
such efficient administration of the regulations as may seem neces-
sary to restrict the disease. The sanitary officer so appointed shall
enforce the regulations established by the state board of health
and shall have the same authority as is conferred by the Public
Statutes upon local health officers. His term of office may be
terminated at any time by the state board of health.

Sect. 3. Any person violating the provisions of this act or
any regulation established thereunder, shall be fined ten dollars
for each offense.

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

[Approved February 22, 1911.]

CHAPTEE 18.

AN ACT RELATING TO DRUGGISTS AND APOTHECARIES.

Section
1. Liquor licenses for drug stores, to
whorn issued.

.-jECTION

2. Repealing clause; act takes effect
April 30, 1911.

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

Section 1. Sub-division 5, section 6, chapter 9r> of the ses-
sion Laws of 1903, as amended by chapter 49 of the session Laws
of 1905. is hereby amended bv addinii- thereto the following words:

1911] Chapter 18. 19

A registered pharmacist who owns stock of the actual value of at
least five hundred dollars in a corporation which has been incor-
porated for the purpose of carrying on the drug business, and
who conducts in person the business of a store of such corpora-
tion, shall be entitled to receive a license for such store in his
own name, provided he be otherwise qualified. A registered phar-
macist who is a member of a partnership which has been formed
for the purpose of carrying on the drug business, and who con-
ducts in person the business of a store of such partnership, shall
be entitled to receive a license for such store in his own name,
provided he be otherwise qualified ; so that said sub-division as
amended shall read as follows : Fifth class. For retail druggists
and apothecaries to sell liquor of any kind for medicinal, mechan-
ical, chemical and sacramental purposes only, and for dealers in
hardware, paints and decorating materials to sell alcohol for me-
chanical and chemical uses only, the same to be sold in accordance
with the provisions of this act. Any druggist, not a registered
pharmacist, who shall have been continually in active business
as a druggist from January 1, 1903, and who employs a registered
pharmacist, shall be entitled to a license in his OAvn name under
this sub-division, provided he be otherwise qualified. A registered
pharmacist who owns stock of the actual value of at least five
hundred dollars in a corporation which has been incorporated for
the purpose of carrying on the drug business, and who conducts
in person the business of a store of such corporation, shall be en-
titled to receive a license for such store in his own name, pro-
vided he be otherwise qualified. A registered pharmacist who is
a member of a partnership which has been formed for the pur-
pose of carrying on the drug business, and who conducts in per-
son the business of a store of such partnership, shall be entitled
to receive a license for such store in his own name, provided he be
otherwise qualified.

Sect. 2. All acts and parts of acts inconsistent with this act Repealing
are hereby repealed, and this act shall take effect April 30, 1911. takes effect

^ ^ ' April 30, 1911.

[Approved February 22, 1911.]

Chapters 19, 20.

[1911

City of
Portsmouth
may con-
struct.

Takes effect
on passage.

CHAPTEE 19.

AN ACT FOE A CHARTER FOE A BRIDGE ACROSS THE PISCATAQUA

EIVEE.

Section i Section

1. City of Portsmouth may construct. ' 2. Takes effect on passage.

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

Section- 1. Authority is hereby granted the city of Ports-
mouth to construct a bridge across the Piscataqua river at such
a place, and of such a design and material, as the secretary of war
and congress may hereafter approve.

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

[Approved February 22, 1911.]

CHAPTEE 20.

AN ACT RELATING TO COVERED BRIDGES UPON THE PUBLIC HIGH-
WAYS WITHIN THE STATE OF NEW HAMPSHIRE^ PROVIDING
SAFETY FOE TEAVELLEES THEREON.

Section
1. Covered bridges to be lighted by
side openings.

Section

2. Towns to change existing bridges.

3. Takes effect on passage.

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

To be lighted Section 1. That all covcrcd bridges upon public highways
ings^.^ ^ °^^° within the State of ISTew Hampshire shall have an opening in the
side walls thereof, of sufficient dimensions and in a proper loca-
tion, to enable travellers upon the bridge to see objects or obstruc-
tions upon the highway beyond the bridge within a reasonable
distance, and to enable travellers approaching the bridge to see, so
far as possible, objects or obstructions upon the bridge.
Towns to Sect. 2. Such openings to be made, under the provisions of

isting bridges, this act, ill bridges already constructed, shall be at the expense

of the towns in which such bridges are located.
Takes^effect Sect. 3. Tliis act shall take effect upon its passage.

[Approved Fel)ruary 22, 1911.]

1911]

Chapters 21, 22.

CHAPTEK 21.

AN ACT TO PEOTECT NAVIGATION FROM DANGEROUS OBSTRUCTIONS.

Section

1. Obstruction of navigation forbidden.

2. "Navigable waters," meaning of term.

Section
3. Not applicable to waters under fed-
eral control.

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

Section 1. Any person who shall wilfully place an obstruc- Obstruction of
tion dangerous to navigation in any of the navigable streams or ?orb\dd^en°
waters of the state without reasonable precaution to protect the
public from such obstruction shall be deemed guilty of a mis-
demeanor and upon conviction shall be fined not exceeding twenty-
five dollars or imprisoned not exceeding thirty days or both.

Sect. 2. The term '^navigable streams or waters" shall be "Navigable
construed to mean those streams or waters which are used, or aremeanfng of.
susceptible of being used in their ordinary condition, as highways
for commerce, over which trade or travel are or may be conducted
in the present customary modes of trade or travel on water, and
such term shall not be construed to apply to streams or waters
which are used merely as public highways for floating logs.

Sect. 3. This act shall not apply to waters which are under Not applicable

\ to W3,t©rs

the control or jurisdiction of the federal government. under federal

control.

[Approved February 22, 1911.]

CHAPTER 22.

AN ACT IN AMENDMENT OF CHAPTER 95 OF THE SESSION LAWS OF
1903 ENTITLED^ "aN ACT TO REGULATE THE TRAFFIC IN INTOX-
ICATING liquor/^ as amended by chapter 49 OF THE SES-
SION LAWS OF 1905 AND BY CHAPTER 156 OF THE SESSION LAWS
OF 1909.

Section
1. Sale of stock of liquor if licensee
dead or bankrupt, or if license re-
voked.

Section
2. Takes effect April 30, 1911.

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

Section 1. Chapter 95 of the session LaAvs of 1903 entitled, if licensee
"An act to regulate the traffic in intoxicating liquor," as amended rupt, "o'r if°
by chapter 49 of the session Laws of 1 905 and by chapter yoked® ^^'

22 Chapter 23. [1911

156 of the session Laws of 1909, is hereby amended by adding
thereto the following section: Sect. 42. If a licensee becomes
bankrupt or dies before the expiration of his license, his trustee,
executor or administrator may sell the liquor which came into
his possession to persons out of the state or to a licensee. All sales
made under this provision shall be accompanied by immediate
and actual delivery and shall be made within ninety days after
the appointment of such trustee, executor or administrator. If
a license is revoked, the licensee, after such revocation, may sell
the liquor in his possession at the time of such revocation, to per-
sons out of the state or to a licensee. All sales made under thi,^
provision shall be accompanied by immediate and actual delivery
and shall be made within thirty days after such revocation.
IlriiSo^wii. ^^CT. 2. This act shall take effect April 30, 1911.

[Approved Febr u ary 2 2 , 1 9 1 1 . ]

CHAPTEE 23.

AN ACT ENTITLED ''aN ACT IN RELATION TO THE SERVICE OF WRITS
IN CERTAIN CASES."

Section 1 Sectiok

1. Defendant arrested on civil process r 2. Repealing clause; act takes effect
to be given copy. I on passage.

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

Defendant ar- Section 1. "Whenever in any civil action a service of the writ
pmfe^ss°°t "Vo 01' process is made by arrest, the officer making such service shall
given copy. ^^ ^\-^f, time of making such arrest, deliver to the person arrested

an attested copy of the writ or process by which the arrest is

made.
Repealing Sect. 2. All acts or parts of acts inconsistent with this act

tikel^ effect are hereby repealed and this act shall take effect upon its passage.

on passage.

[Approved February 22, 1911.]

1911] Chapters 24, 25. 23

CHAPTER 24.

AN ACT EKLATING TO THE SALAEY OF THE SOLICITOR OF THE
COUNTY OF BELKNAP.

Section
1. Annual salary of

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

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

Section 1. The salary of the solicitor of the county of Bel- Annual sai-
knap shall hereafter be five hundred dollars per annum.

Sect. 2. All acts and parts of acts inconsistent with this act Repealing
are hereby repealed and this act shall take efl'ect upon its passage, tlkil^eff^ea

on passage.

[Approved February 22, 1911.]

CHAPTER 25

AN ACT FOR THE PROTECTION OF BREEDERS OF PURE BRED CATTLE.

Section
1. Owner permitting bull to run at
large, penalty and liability.

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. An owner or keeper of a bull more than six buu per-

1111 Mc n T 1 • 1 1 n mitted to run

months old. who wiliully or neglig'ently permits such bull to run at large, pen-
at large, out of the enclosure of such owner or keeper, shall be biiity.
fined not more than ten dollars, nor less than five dollars, to the
use of the town in which the offense was committed, and shall
also be liable to a party injured for the damage done by such bull
while running at large.

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

Cld.llS6 ' 3.Ct

are hereby repealed ; and this act shall take effect upon its passage, takes effect

^ on passage.

[Approved February 22, 1911.]

Chapters 26, 27.
CHAPTEE 26.

[1911

AN ACT IN AMENDMENT OF CHAPTER 276 OF THE PUBLIC STATUTES,
ENTITLED "bURGLAKY AND BREAKING BUILDINGS."^

Section
1. "Dwelling-house" to include camps
and cottages for temporary use.

Section
2. Taliea effect on passage.

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

h^iTsI"'" o' m- Section 1. Chapter 276 of the Public Statutes is hereby
elude camps amended by adding the following new section to said chapter:
Sect. 7. The words '^dwelling house" wherever they occur in
this chapter shall be construed to include within their meaning
cottages or camps used and occupied only a portion of the time
by the owner or by other people with the consent of the owner.
Sect. 2. This act shall take effect on its passage.

and cottages.

Takes effect
on passage.

[Approved February 22, 1911.]

CHAPTEE 27.

AN ACT TO AMEND CHAPTER 81 OF THE LAWS OF 1895, ENTITLED
"an act in AMENDMENT OF CHAPTER 56 OF THE LAWS OF 1891,
ENTITLED 'aN ACT PLACING CERTAIN CORPORATIONS^ ASSOCIA-
TIONS^ SOCIETIES^ AND ORDERS UNDER THE JURISDICTION OF
THE INSURANCE COMMISSIONER." "

Section
1. Company may be required to make
deposit with state treasurer; if not
entitled to license, cannot trans-
act business under act.

Company may
be required
to make de-
posit with
state treas-
urer; if not
entitled to li-
cense, cannot
transact busi-
ness under
act.

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. Chapter 81 of the session Laws of 1895. as
amended in the first section thereof by chapter 38 of the session
Laws of 1897, is hereby further amended by renumbering sec-
tions 2 and 3 of said chapter 81 so as to make the same sections
4 and 5 thereof respectively, and by inserting between section 1
thereof and said renumbered sections the following new sections
2 and 3 : Sect. 2. Of the trust fund or reserve required to be
accumulated and maintained by the preceding section, such corpo-
ration shall deposit in trust with the treasurer of this state before

1911]

Chapter 28.

being- licensed as aforesaid, and shall keep on deposit with such
treasurer, securities at least equal in value to the amount which
one assessment or mortuary call upon its certificate- or policy-
holders would produce ; hut the corporation shall have at all times,
on approval of the insurance commissioner, the right to exchange
any part of said securities for others of like amount and charac-
ter. This section shall not apply to any corporation which pro-
duces evidence satisfactory to the insurance commissioner that
it is required by the law of its home state or country to keep on
deposit, and that it has deposited, securities to a like amount with
the treasurer or other public fiscal officer of such state or country.
Sect. 3. ]^o corporation organized and doing business in its
home state or country as a fraternal beneficiary corporation or
association, but not entitled to a license to transact business as a
fraternal beneficiary association in this state under the laws of
this state, shall be licensed to transact business in this state as an
assessment insurance company under the provisions of this act.

Sect. 2. All acts and parts of acts inconsistent herewith are Repealing
hereby repealed, and this act shall take effect upon its passage takes 'efle^ct
except as to corporations now duly licensed to transact an assess- °° P^^^^ee.
ment insurance business in this state. As to such corporations, it
shall take effect at the expiration of their existing licenses.

[Approved February 22, 1011.]

CHAPTEE 28.

AN ACT IN RELATION TO THE ESTABLISHMENT AND MAINTENANCE
OF SAFETY FUNDS BY FIRE INSURANCE COMPANIES.

Section

1. Domestic company may maintain

guaranty surplus and special re-
serve funds.

2. Declaration of intention to be filed

with commissioner.

Commissioner to examine company
and certify result.

Subsequent policies, form of.

Dividends, how limited; surplus,
how divided.

Procedure when surplus and reserve
funds are equal to capital.

Guaranty surplus fund, how In-
vested.

Section
8. Special reserve fund, how invested.

Net surplus, how ascertained.

Procedure if claims upon company
exceed capital stock and guaranty
surplus fund.

Guaranty surplus and special re-
serve funds to be set forth in an-
nual statement.

Use of special reserve fund if cap-
ital impaired.

Certificates of examination to be is-
sued in duplicate.

Repealing clause.

Takes effect on passage.

9.
10.

11.

12.

13.

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

Section 1. Any domestic fire insurance company may create Guaranty
id maintain a guaranty surplus fund and
by complying with the provisions of this act

and maintain a guaranty surplus fund and a special reserve fund ^"'"^'"^ ^"^^

special reserve
funds may be
maintained.

26 Chapter 28. [1911

iiftention°to °^ Sect. 2. Any such company desiring to create such funds
be filed. shall file with the insurance commissioner of the state a copy of

a resolution adopted by its board of directors at a regular meeting
thereof, declaring the intention of such company to create such
funds and to do business under the provisions of this act.
to°examin°e°^'' Sect. 3. The insurance commissioner shall thereupon make
ce™ffy°^etuu. ^^ causc to be made an examination of such company, and he
shall issue a certificate of the result thereof, which shall particu-
larly set forth the amount of surplus funds held by such com-
pany at the date of such examination, the whole or any part of
which, under the provisions of this act, may be equally divided
between and set apart to constitute such guaranty surplus fund
and such special reserve fund.
^oHcf^s"^°orm Sect. 4. Every policy issued by such company after the fil-
oi. ' ing of such certificate by the insurance commissioner, except such

as are then in the hands of agents, shall have printed thereon a
statement that such policy is issued under and in pursuance of
the laws of the State of iSs^ew Hampshire relating to guaranty
surplus and special reserve funds, and every such policy shall be
deemed to have been issued and received subject to the provisions
of this act.
Dividends, Sect. 5. After the date of filing any such resolution with the

how limited; . . . , ' i n j^ i i i

surplus, how insurance commissioner such company shall not make or declare
'^' ^ ■ or pay in any form any dividend amounting to more than seven per

centum per annum on the total capital stock of the company, until
after its guaranty surplus fund and its special reserve fund shall
have together accumulated to an amount equal to its capital ;
and any part of its surplus funds above such annual dividend
may be equally divided between and set apart to constitute such
guaranty surplus fund and such special reserve fund, which funds
shall be held and used as hereinafter provided, and not other-
wise. Any such company which shall declare or pay any divi-
dend contrary to the provisions of this section shall be liable to be
proceeded against by the attorney-general for its dissolution.
If surplus and Sect. 6. Whenever such company shall notify the insurance
equaY^apitai! Commissioner that it has fulfilled the foregoing requirements,
and that its guaranty surplus fund and its special reserve fund,
taken together, equal its capital, the insurance commissioner shall
make or cause to be made an examination of such company and
shall issue his certificate of the result thereof, and if he shall find
that said funds, taken together, are equal to its capital, such com-
pany may thereafter continue to add to such funds equally out
of any subsequent profits.
Guaranty sur- Sect. 7. Such guaraHty surplus fund shall be held and in-
invested, vested by such company in the same manner as its capital and
surplus may be held and invested, and shall be liable and appli-
cable in the same manner as the capital to the payment generally
of the losses of such company.

1911] Chapter 28. 27

Sect. 8. Such special reserve fund shall be invested by such gPf^^erVow
company in the same manner as its capital and surplus may be invested,
invested, and the securities shall be deposited from time to time,
as the funds shall accumulate and be invested, with the state
treasurer, who shall permit such company to change the securities
so deposited by substituting for those withdrawn others of equal
amount and value, and to collect and receive the interest or divi-
dends upon such securities as the same shall accrue. Such special
reserve fund shall be deemed a fund constituted by the stock-
holders to protect such company and its policyholders other than
clainumts for losses or otherwise already existing or then accrued,
in case of any extraordinary conflagration or conflagrations, and
shall not be regarded as any part or portion of the assets of such
company so as to be or render the same liable for any claim for
loss by fire or otherwise, except as herein provided.

Sect. 9. In ascertaining the net surplus of any such company Net surplus,
for the purpose of making a division thereof between such sur- {^a^ined.^*^^'^"
plus guaranty fund and such special reserve fund, until such
funds shall together amount to a sum equal to its capital, there
shall be deducted from its gross assets, including for this purpose
the amount of its special reserve fund, the sum of the following
items : 1. The amount of all outstanding claims. 2. The
amount for which it shall be liable for unearned premiums upon
its unexpired policies, which amount shall at least equal one half
of the premiums received on policies having one year or less to
run from date of policy and a pro rata proportion of the premiums
received on policies having more than one year to run from date
of policy. 3. The amount of its guaranty surplus fund and of
its special reserve fund. 4. The amount of its capital. 5. In-
terest at the rate of ten per centum per annum upon its capital
for whatever time shall have elapsed since the last preceding cash
dividend. The balance shall constitute the net surplus of such
company, any portion of which shall be subject to equal division
between the two funds herein provided for. The policy registers,
insurance maps, books of record and account and other books in
use by such company in its business, and its policy and other
blanks, office furniture, fixtures and supplies are not to be con-
sidered as assets, but shall be held by the company for its use
in the protection of its policyholders.

Sect. 10. Whenever the claims upon such company shall when claims
exceed the amount of its capital stock and of the guaranty sur- exceed °capuaf
plus fund provided for by this act, such company shall notify |ua^ran^y*'sur-
the insurance commissioner of the fact, who shall then make or p'"*-
cause to be made an examination of such company, and shall
issue his certificate of the result thereof, showing the amount of
capital, of guaranty sur]ilus fund, of special reserve fund, of rein-
surance liability and of all other assets ; and upon his issuing
such certificate such special reserve fund shall be immediately

28 Chapter 28. [1911

held to protect all policyholders of said company other than such
as are claimants upon it at the date of such certificate, and such
special reserve fund, together with other assets, certified by the
insurance commissioner as equal in value to the amount of the
unearned premiums of such company, to be ascertained as here-
inbefore provided, shall constitute the capital and assets of such
company for the protection of policyholders other than such
claimants and for the further conduct of its business. Upon the
pa^mient to claimants who are such at the date of such certificate
of the amounts to which they are respectively entitled, in propor-
tion to their several claims, of the full sum of the capital of
such company, of its guaranty surplus fund, and of its other
assets, excei)ting only such special reserve fund and an amount
equal to its liability for unearned premiums as certified by the
insurance commissioner, such company shall be forever dis-
charged from any and all further liability to such claimants and
to each of them. Upon the issue of such certificate by the insur-
ance commissioner and upon the demand of such company and
the filing with him of a copy of such certificate, the state treas-
urer shall transfer to it all such securities as shall have been
deposited with him by such company as such special reserve fund.
If the amount of such special reserve fund be less than fifty per
centum of the full amount of the capital of such company, a
requisition shall be issued by the insurance commissioner upon the
stockholders, to make up such capital to that proportion of its
full amount; iwoinded that any capital so impaired shall be made
up at least to the sum of two hundred thousand dollars, and in
case such company, after such requisition, shall fail to make up
its capital at least to said sum of two hundred thousand dollars,
as therein directed, such special reserve fund shall still be held as
security and liable for any and all losses occurring upon policies
of such company. Provided, however, that if any amount greater
than a sum equal to one half of its capital stock shall have been
deposited by such company with the state treasurer under the
provisions of this act, he shall retain of such securities an amount
equal to one half of what amount he shall so hold thereof in excess
of a sum equal to one half of such capital stock, and he shall
transfer the balance thereof to such company as herein provided,
and the amount so transferred to such company shall from the
time of such transfer, provided the amount thereof shall not be
less than two hundred thousand dollars, constitute the capital
stock of such company for the further conduct of its business as
hereinbefore provided, and the securities so retained shall be
regarded as the special reserve fund of such company, to which
additions may be made as herein provided, and shall be held in
the same manner and for the same purpose and under the same
conditions as the original special reserve fund of such company
was held.

1911] Chapter 28. 29

8ur-
spe-

Sect. 11. Such company shall, in its annual statement to^j*JjY\"nd
the insurance commissioner, set forth the amount of its special ciai reserve
reserve fund and of its guaranty surplus fund. If, in conse- forth in an-
quence of the pajanent of losses by fires, or the expenses of the ment.
business, or of the interest or dividends payable under the provi-
sions of this act to stockholders, or from any cause, the guaranty
surplus fund shall be reduced to an amount below the amount of
the special reserve fund, the directors of such company shall have
the right, at their option, at the time of making any division of
the surplus, as herein provided, to carry a larger sum to the guar-
anty surplus fund than to the special reserve fund, but this privi-
lege shall cease when the two funds shall have been made equal
in amount.

Sect. 12. If at any time after such a special reserve fund use of special
shall have been accumulated by any company the directors of cipltai'' im-
such company shall present satisfactory evidence to the insurance p**''^'^-
commissioner that the capital of such company has become im-
paired he shall order the directors to call upon the stockholders to
make up such impairment, and the board of directors may there-
upon require the necessary pa^onent by the stockholders to make
good the whole of such impairment, or they may apply for that
purpose the whole or any part of the special reserve fund and
require of the stockholders pajTnent of such amount as may be
necessary to make up the balance of such impairment not made
up out of the special reserve fund. The stock of every stock-
holder shall be pledged and liable for the amount assessed upon
him to make up such impairment, either in whole or in part, and
in case any stockholder refuses or fails to pay such assessment,
the stock standing in his name may be sold at public auction,
after thirty days' notice, in such manner as the directors may pro-
vide. If the board of directors elect to make good such impair-
ment or any part thereof out of the special reserve fund, the
state treasurer shall transfer to such company, upon request of
such board, so much of such special reserve fund as may be neces-
sary for the purpose.

Sect. 13. Whenever the insurance commissioner shall make certificates of

, T 1 . . I, , , examination

or cause to be made an examination oi any such company under to be in du-
any of the provisions of this act, he shall issue his certificate of ^ ^^^ ^'
the results thereof in duplicate. One of such certificates shall be
given to such company and the other shall be filed in the insurance
department. Any official certificate of the insurance commis-
sioner herein provided for shall be binding and conclusive upon
all parties interested in such company, whether as stockholders,
policyholders or creditors.

Sect. 14. All acts and parts of acts inconsistent with this Repealing
act are hereby repealed. clause.

Sect. 15. This act shall take effect upon its passage. Takes effect

on passage.

[Approved February 22, 1911.]

Chapters 29, 30.
CHAPTER 29.

[1911

AX ACT TO ABOLISH THE OFFICE OF AUDITOKS OF PRINTERS

ACCOUNTS.

Section
1. Office abolished.

Section
2. Takes effect on passage.

Be it e7iacted hy the Seriate and House of Representatives in
General Court convened:

i^he'd ^^°^' Section 1. The office of auditors of printers' aceoimts is

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

on passage. '■ x o

[Approved February 28, 1911.]

CHAPTEE 30.

AN ACT TO PROVIDE FOR THE KEEPING OF MEDICAL AND SURGICAL
APPLIANCES IN FACTORIES.

Section

1. Appliances to be provided.

2. Penalty for violation.

Section
3. Repealing clause; act takes effect
June 1, 1911.

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

Appliances 1
be provided.

Penalty.

Repealing
clause; act
takes effect
June 1, 1911.

Section 1. Every person, firm or corporation operating a
factory or shop in which powder machinery is used for any manu-
facturing purpose and in which three or more persons are em-
ployed, or for any purpose except for elevators, or for heating or
hoisting apparatus, shall at all times keep and maintain, free of
expense to the employees, such a medical and surgical chest as
shall be required by the local board of health of any city or town
where such machinery is used, containing plasters, bandages,
absorbent cotton, gauze, and all other necessary medicines, instru-
ments and other appliances for the treatment of persons injured
or taken ill upon the premises.

Sect. 2. Any person, firm or corporation violating this act
shall be subject to a fine of not less than five dollars nor more
than five hundred dollars for every week during which such viola-
tion continues.

Sect. 3. All acts and parts of acts inconsistent with this act
are hereby repealed, and this act shall take effect June 1, 1911.

[Approved February 28, 1911.]

1911] Chapter 31. 31

CHAPTER 31.

AN ACT IN AMENDMENT OF CHAPTER 130, SESSION LAWS OF 1909
EELATING TO THE BUKIAL OF SOLDIERS AND SAILORS.

Section I Section

1. Burial expense paid by state, when. I 2. Takes effect on passage.

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

Section 1. That section 1, chapter 130 session Laws of by^lfat^e,^*'*
1909 be hereby amended by striking out the words "state treas- "hen.
iirer" in the tenth line thereof, and substituting the word go\^ern-
or, and by adding thereto the following: The foregoing shall
not apply to the burial of deceased soldiers and sailors unless
they either served on the quota of New Hampshire during the
War of the Rebellion, or were residents of the state at the time
of their death, but its provisions shall be extended to cover the
payment of claims, if any, filed with the state treasurer since the
passage of the original act in 1909, so that the section as amended
shall read as follows: 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 dis-
charged Union soldier or sailor engaged in the War of the Rebel-
lion dies, and the commander and adjutant of the Grand Army
post of which he was a member, and if not a member of a Grand
Army post in this state, then a majority of the board of select-
men of the tovsTi 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 sufficient estate to pay
the expenses of his funeral, the governor 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. The foregoing
shall not apply to the burial of deceased soldiers and sailors un-
less they either served on the quota of New Hampshire during
the War of the Rebellion, or were residents of the state at the
time of their death, but its provisions shall be extended to cover
the payment of claims, if any, filed with the state treasurer since
the passage of the original act in 1909.

.m,. • Talfp*? effect

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

[Approved February 28, 1911.]

Chapter 32, 33.
CHAPTEK 32.

[1911

AN ACT TO ALLOW EXECUTORS AND ADMINISTRATORS TO PAY OVER
MONEY FOR THE PERPETUAL CARE OF CEMETERY LOTS.

Authority
granted.

Takes effect
on passage.

Section
1. Aiithoniy granted.

Section
2. Takes effect on passage.

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

Section 1. Executors and administrators may pay, upon the
order of the judge of probate, to cemetery corporations or to cities
or towns having burial places therein, a reasonable sum of money
for the perpetual care of the lot in which the body of their intes-
tate is buried, and the monuments thereon. The judge of probate
shall determine, after notice to all parties in interest, to whom
the same shall be paid and the amount thereof, if any, and such
sum shall be allowed in the accounts of such executor and admin-
istrator.

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

[Approved February 28, 1911.]

CHAPTEK 33.

Appointment
of receivers,
etc. ; allow-
ances to mas-
ters.

AN ACT IN AMENDMENT OF SECTION 18 OF CHAPTER 205 OF THE
PUBLIC STATUTES AS AMENDED BY CHAPTER 67 OF THE SESSION
LAWS OP 1909, RELATING TO COURTS AND THEIR OFFICERS.

Section
1. Appointment of receivers, etc.: al-
lowances to masters.

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. Section 18 of chapter 205 of the Public Statutes,
as amended by chapter 67 of the session Laws of 1909 is hereby
amended by striking out the whole of said section 18 and by sub-
stituting and inserting in its place the following new section, so
that said section when amended shall read as follows: Sect. 18.
The appointment of commissioners and receivers, the reference
of questions to masters, granting writs of injunction to stay pro-
ceedings or waste, making interlocutory decrees or orders, and
other incidental proceedings, may be had and done by one jus-
tice, in term time or vacation, in any county; but injunctions so

1911] Chapter 34. 33

issued shall continue, unless sooner dissolved, only until the end
of the next term for the county in which the proceedings are
pending. The court may allow a reasonable compensation to mas-
ters for their services and expenses, including stenographer's fees
in cases where the employment of a stenographer is authorized
by the court, which shall be paid by the county.

Sect. 2. All acts and parts of acts inconsistent with this act ^]au^gel*°|ct
are hereby repealed, and this act shall take effect upon its passage, t^kes effect

•^ ^ ^ ^ ^ " on passage.

[Approved February 28, 191].]

CHAPTER 34.

AN ACT TO AMEND SECTION 2 OF CHAPTER 227 [30] OF THE SES-
SION LAWS OF 1895 RELATING TO COURT STENOGRAPHERS.

Section i Section

1. Fees of stenographers. 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 227 [30] of session Fees of ste-
Laws of 1895, by striking out in the first line the word "supreme" "°s''^P^ers.
and insert in the place thereof the word superior, and by adding
after the word "trial" in the third line and actual expenses of said
reporter when away from home engaged in court work, so that
the section as amended shall read as follows: Sect. 2. The
superior court shall fix the compensation of said reporter at not
less than five dollars nor more than ten dollars per day during
the trial ; and actual expenses of said reporter when away from
home engaged in court work, and shall also fix a reasonable sched-
ule of prices for copies furnished for the use of the court and
parties. The parties shall pay for the copies furnished them at
their request. The court shall order what, if any, part of the
amount so paid by the prevailing parties shall be taxed in the
bill of costs.

Sect. 2. This act shall take effect upon its passage. "^^^^^ ^^^'^^

[Approved February 28, 1911.]

Chapters 35, 36.
CHAPTEE 35.

[1911

AN ACT AUTHORIZING THE COUNTY OF ROCKINGHAM TO ISSUE

BONDS.

Issue of
bonds au-
thorized.

Form of
bonds.

Designation;
act takes ef-
fect on pas-
sage.

Section

1. Issue of bonds authorized.

2. Form of bonds.

Section
3. Designation of bonds; act takes ef-
fect on passage.

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

Section 1. The commissioners of the county of Rockingham
are hereby authorized to issue county bonds, with coupons an-
nexed for the annual or semi-annual interest, for a sum not exceed-
ing seventy thousand dollars, in denominations of one thousand
dollars each, bearing interest not exceeding four per cent, per
annum, and payable within ten years from the date of issue, for
the purpose of refunding such bonds of the county as become due
June 1, 1911.

Sect. 2. Said bonds shall be signed by the county commis-
sioners, or two of them, countersigned by the county treasurer,
and registered by the clerk of the superior court for said county.
The coupons attached to each of said bonds shall bear a facsimile
of the signatures of the county commissioners and the county
treasurer engraved or printed thereon and, being so executed,
shall be of the same validity as if signed by the hands of said
officials.

Sect. 3. Said bonds shall be designated as the Kockingham
County Funding Bonds of 1911; and this act shall take eifect
upon its passage.

[Approved March 2, 1911.]

CHAPTER 36.

AN ACT RELATING TO THE SALARY OF THE COUNTY SOLICITOR OF
THE COUNTY" OF COOS.

Section
1. Annual salary of

P'ICTION

2. Repealing clause; act takes effect on
passage.

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

Annual salary Section 1. The Salary of the solicitor of the county of Coos
of $800. shall hereafter be eight hundred dollars per annum.

1911]

CHAPTEliS 37, 38.

Sect. 2. All acts and parts of acts inconsistent with this act f,|Pfs^l'°fct
are hereby repealed and this act shall take effect upon its pas- [""^^^g^f^^l
sage.

[Approved March 7, 1911.]

CHAPTER 37.

AN ACT TO CHANGE THE NAME OF LONG POND IN THE TOWNS OF
JAFFREY AND RINDGE.

SectioiJ
1. Name changed to Contoocook lake.

Section
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 the body of water situated in ^ifa™|ed
the towns of Jaffrey and Rindge in the county of Cheshire known
as Long pond, be and hereby is changed to Contoocook lake.

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

Takes effect
on passage.

[Approved .March 7, 1911.]

CHAPTER 38.

AN ACT RELATING TO THE COLLECTION OF TAXES OF NON-RESI-
DENTS.

SectioU
1. Lien for entire taxes extends to all
property.

Section

2. Repealing clause.

3. Takes effect on passage.

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

Lien extends

prop-

Section 1. In any case where a non-resident owns more than \l^\xx
one tract of land, or owns both real and personal estate, in any ^rty.
town or city, the lien for enforcing and collecting the entire taxes
assessed npon all of the property of such non-resident in said
town or city, shall extend and apply to any one or more of said
pieces of property and to such personal property, as in the case of
resident property.

Sect. 2. All laws or statutes, so far as they are inconsistent ^fau^g^J^'^^
or in conflict herewith, are hereby repealed.

Sect. 3. This act shall take effect upon its passao-e. Takes effect

'-'■'- on passage.

[Approved March 7, 1911.]

Chapters 39, 40.
CHAPTEK 39.

[1911

Contracts
authorized.

Takes effect
on passage.

AN ACT TO ENABLE STREET RAILWAY COMPANIES TO CONTRACT
WITH MUNICIPALITIES TO SPRINKLE STREETS.

Section
1. Contracts authorized.

Section
Z. Takes effect on passage.

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

Section 1. Any street railway doing business in this state
is authorized to contract at reasonable rates with the municipality
or municipalities in which it operates to sprinkle the streets of
such municipality or municipalities over which said company
operates its cars and to furnish and operate all necessary sprink-
ling cars or similar apparatus, and other facilities, in any case
where the municipality shall furnish water or reasonable facili-
ties for supplying the same to said company ; and towns and cities
are hereby authorized to make contracts at reasonable rates with
such railways operated within their limits to provide for such ser-
vice.

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

[Approved March 7, 1911.]

CHAPTER 40.

AN ACT IN AMENDMENT OF CHAPTER 55 OF THE PUBLIC STATUTES^,
RELATING TO THE TAXATION OF LAND HELD BY A CITY, TOWN
OR PRECINCT IN ANOTHER CITY OR TOWN, FOR A WATER SUPPLY.

Section
1. When, where, and how taxed.

Section
2. Repealing clause; act takes effect on
passage; pending suits not affected.

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

When, where, SECTION 1. Property held by a city, town or precinct in
taxed. another city or town for the purpose of a water supply, if yield-

ing no rent, shall not be liable to taxation therein, but the city,
town or precinct so holding it shall annually pay to the city or
town in which such property lies an amount equal to that which
such place would receive for taxes upon the average of the as-
sessed value of such land without buildings or other structures
for the three years last preceding the acquisition thereof, the valu-
ation for each year being reduced by nil abatements thereon ; but

1911]

Chapter 41.

any part of such land or buildings from which any revenue in the
nature of rent is received shall be subject to taxation.

Sect. 2. All acts and parts of acts inconsistent with this act ^i|^^se''°a^t
are hereby repealed, and this act shall take effect on its passage, taJ^ea effect
provided that this act shall not be construed in any way to affect pending suits

.• i*i* I* not ELIIGCtGQ.

any existing litigation.

[Approved March 9, 1911.]

CHAPTEE 41.

AN ACT TO ESTABLISH A NEW APPORTIONMENT FOR THE ASSESS-
MENT OP PUBLIC TAXES.

Section
1. New apportionment established.

Section
2. To continue until another appor-
tionment.

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

Section 1. That of every thousand dollars of public taxes New appor-
hereafter to be raised, the proportion which each town and place tabiished.
shall pay, and for which the treasurer of the state is hereby
authorized to issue his warrant, shall be as follows, to wit:

Kockingham County, $117.60.

Atkinson, ninety-six cents $0.96

Auburn, one dollar and sixty-eight cents 1.68

Brentwood, one dollar and twenty-four cents 1.24

Candia, one dollar and ninety-eight cents 1,98

Chester, two dollars and sixteen cents 2.16

Danville, seventy-seven cents .77

Deerfield, two dollars and twenty-six cents 2.26

Derry, seven dollars and seventy-six cents 7.76

East Kingston, seventy-three cents .73

Epping, three dollars and three cents 3.03

Exeter, eleven dollars and ninety-nine cents 11.99

Fremont, one dollar and six cents 1.06

Greenland, one dollar and sixty-two cents 1.62

Hampstead, one dollar and thirty-seven cents 1.37

Hampton, three dollars and forty-five cents 3.45

Hampton Falls, ninety-nine cents .99

Kensington, seventy-nine cents .79

Kingston, one dollar and fifty-eight cents 1.58

Londonderry, two dollars and eighty-three cents 2.83

38 Chapter 41. [1911

Newcastle, one dollar and thirty-eight cents $1.38

Newfields, eighty-three cents .83

ISTewington, one dollar and eight cents 1.08

Newmarket, four dollars and forty-three cents 4.43

Newton, one dollar and fifteen cents 1.15

North Hampton, two dollars and eighty-four cents. ... 2.84

Northwood, two dollars and eighteen cents 2.18

Nottingham, one dollar and twenty-one cents 1.21

Plaistow, one dollar and twenty-eight cents 1.28

Portsmouth, thirty-seven dollars and eighty-eight cents 37.88

Raymond, two dollars and thirty-three cents 2.33

Rye, four dollars and four cents 4.04

Salem, three dollars and twenty-four cent? 3.24

Sandown, fifty-seven cents .57

Seabrook, ninety-eight cents .98

South Hamj)ton, fifty-seven cents .57

Stratham, one dollar and fifty-three cents 1.53

Windham, one dollar and eighty-three cents 1.83

Straft'ord County, $96.21.

Barrington, one dollar and seventy-four cents $1.74

Dover, thirty-eight dollars and thirty-two cents 38.32

Durham, two dollars and thirteen cents 2.13

Farmington, four dollars and ninety-eight cents 4.98

Lee, one dollar and twenty-seven cents 1.27

Madbury, one dollar and thirty cents 1.30

Middleton, forty-eight cents .48

Milton, three dollars and sixty-five cents 3.65

New Durham, eighty-nine cents .89

Rochester, nineteen dollars and seventy-two cents 19.72

Rollinsford, four dollars and thirty-three cents 4.33

Somersworth, fifteen dollars and twenty cents 15.20

Strafford, two dollars and twenty cents 2.20

Belknap County, $46.59.

Alton, three dollars and fourteen cents $3.14

Barnstead, two dollars and thirty-two cents 2.32

Belmont, two dollars and twenty-nine cents 2.29

Center Harbor, one dollar and thirty-five cents 1.35

Gilford, one dollar and ninety-five cents 1.95

Gilmanton, one dollar and ninety-six cents 1.96

Laconia, twenty dollars and sixty-three cents 20.63

Meredith, four dollars and twenty-two cents 4.22

New Hampton, one dollar and forty-one cents 1.41

Sanbornton, one dollar and ninety-seven cents 1.97

Tilton, five dollars and thirty-five cents 5.35

1911] Chapter 41. 39

Carroll County, $31.27.

Albany, sixty-three cents $0.63

Bartlett, one dollar and sixty cents 1.60

Brookfield, fifty-six cents .56

Chatham, forty-two cents .42

Conway, five dollars and forty-eight cents 5.48

Eaton, fifty cents .50

Effing'ham, one dollar 1.00

Freedom, seventy-nine cents .79

Hart's Location, eighteen cents .18

Jackson, one dollar and nineteen cents 1.19

Madison, eighty-three cents .83

Monltonborough, one dollar and ninety-nine cents 1.99

Ossipee, two dollars and fifty-five cents 2.55

Sandwich, two dollars and six cents 2.06

Tamworth, one dollar and eighty-nine cents 1.89

Tuftonborough, one dollar and fourteen cents 1.14

Wakefield, three dollars and fifty-eight cents 3.58

Wolfeboro, four dollars and seventy-four cents 4.74

Hale's Location, fourteen cents .14

Merrimack County, $142.13.

Allenstown, two dollars and fifty-one cents $2.51

Andover, two dollars and thirty-seven cents 2.37

Boscawen, two dollars and sixty-one cents 2.61

Bow, two dollars and sixty-one cents 2.61

Bradford, two dollars and twenty-eight cents 2.28

Canterbury, two dollars and eighteen cents 2.18

Chichester, one dollar and eighty-nine cents 1.89

Concord, sixty-four dollars and sixty-seven cents 64.67

Danbury, one dollar and thirty-two cents 1.32

Dunbarton, one dollar and sixty cents 1.60

Epsom, one dollar and ninety-seven cents 1.97

Franklin, twelve dollars and ninety-two cents 12.92

Henniker, three dollars and seventy-eight cents 3.78

Hill, one dollar and ten cents 1.10

Hooksett, three dollars and fifty-nine cents 3.59

Hopkinton, four dollars and sixty-six cents 4.66

Loudon, two dollars and fifty-eight cents 2.58

Newbury, one dollar and ninety-nine cents 1.99

ISTew London, two dollars and sixty-eight cents 2.68

Northfield, two dollars and eighty-six cents 2.86

Pembroke, five dollars and twenty-two cents 5.22

Pittsfield, five dollars and forty-three cents 5.43

Salisbury, one dollar and thirty-one cents 1.31

Sutton, one dollar and sixty-eight cents 1.68

40 Chapter 41. [1911

Wanier, three dollars and sixty-two cents $3.62

Webster, one dollar and sixty-five cents 1.65

Wilmot, one dollar and five cents 1.05

Hillsborough County, $293.14.

Amherst, two dollars and sixty-one cents $2.61

Antrim, two dollars and ninety cents 2.90

Bedford, two dollars and ninety-seven cents 2.97

Bennington, one dollar and eleven cents 1.11

Brookline, one dollar and twenty-five cents 1.25

Deering, ninety-two cents .92

Francestown, one dollar and fifty-eight cents 1.58

Goffstown, six dollars and seventy-nine cents 6.79

Greenfield, one dollar and nineteen cents 1.19

Greenville, two dollars and thirty-five cents 2.35

Hancock, one dollar and seventy-nine cents 1.79

Hillsborough, five dollars and forty-six cents 5.46

Hollis, one dollar and eighty-five cents 1.85

Hudson, three dollars and four cents 3.04

Litchfield, one dollar and fourteen cents 1.14

Lyndeborough, one dollar and nine cents 1.09

Manchester, one hundred and sixty-two dollars and

forty cents 162.40

Mason, seventy-six cents .76

Merrimack, three dollars and three cents 3.03

Milford, seven dollars and ninety-five cents 7.95

Mont Vernon, one dollar and thirteen cents 1.13

Nashua, fifty-six dollars and ninety-five cents 56.95

New Boston, three dollars and thirty-five cents 3.35

New Ipswich, two dollars and seventeen cents 2.17

Pelham, one dollar and forty-eight cents 1.48

Peterborough, seven dollars and fifty-eight cents 7.58

Sharon, thirty-one cents .31

Temple, sixty-seven cents .67

Weare, three dollars and forty-seven cents 3.47

Wilton, three dollars and seventy-three cents 3.73

Windsor, twelve cents .12

Cheshire County, $74.55.

Alstead, one dollar and eighty-five cents $1.85

Chesterfield, two dollars and thirty-two cents 2.32

Dublin, three dollars and twenty-three cents 3.23

Fitzwilliam, one dollar and ninety-five cents 1.95

Gilsum, seventy-nine cents .79

Harrisville, one dollar and forty-four cents 1.44

Hinsdale, four dollars and twenty-two cents 4.22

1911] Chapter 41. 41

Jaffrey, four dollars and thirty-six cents $4.30

Keene, twenty-six dollars and eighty-seven cents 26.87

Marlborough, two dollars and thirty-eight cents 2.38

Marlow, ninety-four cents .94

Nelson, seventy-five cents .75

Richmond, one dollar and four cents 1.04

Eindge, two dollars and thirty-five cents 2.35

Eoxbury, thirty-five cents .35

Stoddard, eighty-nine cents .89

Sullivan, sixty-eight cents .68

Surry, sixty-six cents .66

Swanzey, two dollars and ninety-nine cents 2.99

Troy, two dollars and nineteen cents 2.19

Walpole, six dollars and seventy-three cents 6.73

Westmoreland, one dollar and sixty-four cents 1.64

Winchester, three dollars and ninety-three cents 3.93

Sullivan County, $40.72.

Acworth, ninety-one cents $0.91

Charlestown, two dollars and ninety-nine cents 2.99

Claremont, fifteen dollars and eighty-two cents 15.82

Cornish, one dollar and ninety-five cents 1.95

Croydon, seventy-six cents .76

Goshen, fifty-four cents .54

Grantham, sixty-four cents .64

Langdon, sixty-four cents .64

Lempster, sixty-three cents .63

Newport, seven dollars and eighty-five cents 7.85

Plainfield, two dollars and three cents 2.03

Springfield, eighty-seven cents .87

Sunapee, three dollars and thirty-nine cents 3.39

Unity, seventy-nine cents .79

Washington, ninety-one cents .91

Grafton County, $92.44.

Alexandria, ninety-five cents $0.95

Ashland, three dollars and three cents 3.03

Bath, one dollar and eighty-two cents 1.82

Benton, fifty-one cents .51

Bethlehem, three dollars and fifty-nine cents 3.59

Bridgewater, fifty-nine cents .59

Bristol, three dollars and ninety-seven cents 3.97

Campton, one dollar and eighty-eight cents 1.88

Canaan, two dollars and fifty-one cents 2.51

Dorchester, forty-three cents .43

Easton, fifty-six cents .56

42 Chapter 41. [1911

Ellsworth, nine cents $0.09

Enfield, two dollars and seventy-one cents 2.71

Franconia, one dollar and eightj-one cents 1.81

Grafton, one dollar and fortj-five cents 1.45

Groton, thirtj-eight cents .38

Hanover, five dollars and seventy-nine cents 5.79

Haverhill, six dollars and six cents 6.06

Hebron, forty-four cents .44

Holderness, one dollar and eighty-eight cents 1.88

LandafF, one dollar and twenty-six cents 1.26

Lebanon, ten dollars and ninety cents 10.90

Lincoln, five dollars and fourteen cents 5.14

Lisbon, five dollars and fifty-two cents 5.52

Littleton, eight dollars and forty-two cents 8.42

Livermore, fifty-nine cents .59

LjTnan, sixty-nine cents .69

Ljme, two dollars and eleven cents 2.11

Monroe, eighty-seven cents .87

Orange, thirty cents .30

Orford, one dollar and forty-seven cents 1.47

Piermont, one dollar and thirty-two cents 1.32

Plymouth, five dollars and forty-nine cents 5.49

Rumney, one dollar and eighty-four cents 1.84

Thornton, eighty-three cents .83

Warren, one dollar and thirty-nine cents 1.39

Waterville, eighty cents .80

Wentworth, one dollar and eleven cents 1.11

Woodstock, one dollar and ninety-four cents 1.94

Coos County, $57.97.

Berlin, eighteen dollars and twenty-one cents $18.21

Carroll, two dollars and seventeen cents 2.17

Clarksville, seventy-nine cents .79

Colebrook, three dollars and sixty-one cents 3.61

Columbia, one dollar 1.00

Dalton, fifty cents .50

Dummer, sixty-eight cents .68

Erroll, one dollar and forty-two cents 1.42

Gorham, three dollars and seventy cents 3.70

Jefferson, one dollar and fifty-seven cents 1.57

Lancaster, seven dollars and fourteen cents 7.14

Milan, one dollar and thirty-two cents 1.32

l^orthumberland, three dollars and twenty-one cents. . 3.21

Pittsburg, three dollars and fourteen cents 3.14

Randolph, forty-eight cents .48

Shelburne, one dollar and fourteen cents 1.14

Stark, one dollar and seven cents 1.07

1911] Chapter 41. 43

Stewartstowii, one dollar and forty-live cents $1.45

Stratford, one dollar and ninety-one cents 1.91

Wentworth's Location, twenty-eight cents .28

Whitefield, three dollars and eighteen cents 3.18

Unincorporated Places in Coos County, $7.38.

Bean's Grant, four cents $0.04

Bean's Purchase, forty-two cents .42

Cambridge, one dollar and twenty-eight cents 1.28

Chandler's Purchase, three cents .03

Crawford's Purchase, eight cents .08

Cutt's Grant, three cents .03

Dixville, one dollar and six cents 1.06

Dix's Grant, twenty-three cents .23

Irving's Grant, thirteen cents .13

Green's Grant, six cents .06

Gilmanton and Atkinson Academy Grant, fifty-nine

cents .59

Hadley's Purchase, six cents .06

Kilkenny, six cents .06

Low and Burbank's Grant, forty-two cents .42

Martin's Location, three cents .03

Millsfield, ninety-nine cents .99

Odell, twenty-eight cents .28

Pinkham's Grant, one cent .01

Sargent's Purchase, seventy-one cents .71

Second College Grant, forty-two cents . .42

Success, seventeen cents .17

Thompson and Meserve's Purchase, twenty-eight cents .28

Sect. 2. The same shall be the proportion of assessment of ,j,^ continue
all public taxes until a new apportionment shall be made and until another

IT 1 1 11 c ^ • T • in- 1 ■ apportion-

established, and the treasurer lor the time being shall issue nis ment.
warrant accordingly.

[Approved March 9, 1911.]

Chaptek 42.

[1911

CHAPTER 42.

AN ACT IN AMENDMENT OF CHAPTER 40 OF THE LAWS OF 1905,
AS AMENDED BY CHAPTER 68 OF THE LAWS OF 1907- RELATING
TO A TAX ON COLLATERAL LEGACIES AND SUCCESSIONS.

Section
1. New sections substituted.

SectioU

2. Limitation of act; repealing clause.

3. Takes effect on passage.

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

What lega-
cies and ia-
heritancea
taxable.

Section 1. Chapter 40 of the Laws of 1905, as amended bv
chapter 68 of the Laws of 1907. is hereby amended by striking
out sections 1 to 21 inclusive, and inserting new sections in place
thereof, which shall read as follows:

Section 1. All property within the jurisdiction of the state,
real or personal, and any interest therein, whether belonging to
inhabitants of the state or not, which shall pass by will, or by the
laws regulating intestate succession, or by deed, grant, bargain,
sale or gift, made or intended to take effect in possession or enjoy-
ment after the death of the grantor or donor, to any person, abso-
lutely or in trust, except to or for the use of the father, mother,
husband, wife, brother, sister, lineal descendant, adopted child,
the lineal descendant of any adopted child, the wife or widow
of a son, or the husband of a daughter, of a decedent, or to
or for the use of educational, religious, cemetery, or other insti-
tutions, societies or associations of public charity in this state,
or for or upon trust for any charitable purpose in the state,
or for the care of cemetery lots, or to a city or town in this
state for public purposes, shall be subject to a tax of five per cent
of its value, for the use of the state ; and administrators, executors,
and trustees, and any such grantees under a conveyance made
during the grantor's life, shall be liable for such taxes, with inter-
est, until the same have been paid. An institution or society
shall be deemed to be in this state, within the meaning of this act,
when its sole object and purpose is to carry on charitable, reli-
gious or educational work within the state, but not otherwise.
When the personal estate so passing from any person not an in-
habitant of this state shall consist in whole or in part of shares
in any railroad or street railway company or telegraph or tele-
phone company incorporated under the laws of this state and also
of some other state or country, so much only of each share as is
proportional to the part of such company's right of way lying
within this state shall be considered as property of such person
within the jurisdiction of the state for the purposes of this act.

1911] Chapter 42. 45

Sect. 2. When any interest in j^roperty less than an estate nuitiea°'iif°'
in fee shall pass bv will, or otherwise, as set forth in section ], to estates," etc.,

how Qctsr-

one or more beneficiaries, with remainder to others, the several mined; right
interests of snch beneficiaries, except such as may be entitled to ° *^^^* "
exemption under the provisions of section 1, shall be subject to
said tax. The value of an annuity or life estate shall be deter-
mined by the actuaries' combined experience tables at four per
cent compound interest, and the value of any intermediate estate
less than a fee shall be so determined whenever possible. The
value of a remainder after such estate shall be determined by sulv
tracting the value of the intermediate estate from the total value
of the bequest or devise. Whenever such intermediate estate or
remainder is conditioned upon the happening of a contingency,
or dependent upon the exercise of a discretion, so that the value
of either cannot be determined by the tables as hereinbefore pro-
vided, the value of the property which is the subject of the bequest
shall be determined as provided in section 13, and such value
having thus been ascertained the state treasurer shall, upon such
evidence as may be furnished by the will and the executor's state-
ment or by the beneficiaries or otherwise, determine the value of
the interests of the several beneficiaries, and the values thus deter-
mined shall be deemed to be the values of such several interests
for the purpose of the assessment of the tax except in so far as
they shall be changed by the court upon appeal. The executor
or any beneficiary aggrieved by such determination of the value
of any such interest by the state treasurer may at any time within
three months after notice thereof appeal therefrom to the probate
court having jurisdiction of the estate of the decedent, which
court shall determine such value subject to appeal as in other
cases. Whenever the identity of the beneficiary who is to take '
such a remainder is conditioned upon the happening of a con-
tingency, or dependent upon the exercise of a discretion the state
treasurer shall assess and collect the tax upon such remainder as
upon a taxable legacv, and the executor shall be liable for such
tax as in other eases. Provided however that if at the termina-
tion of the intermediate estate such remainder or any portion
thereof shall pass to a person or corporation which at the time of
the death of the decedent was exempt from such tax, such person or
corporation may at any time within one year after the termination
of the intermediate estate, but not afterwards, apply to the probate
court for an abatement of the tax on such remainder as provided
in section 12, and the state treasurer shall repay the amount
adjudged to have been illegally exacted as provided in said section
12 with interest thereon at three per cent, per annum from the
date of the pa^inent of the tax. Provided however that the power
of the state treasurer, with the approval of the attorney-general,
to adjust the tax by compromise in certain cases, as set forth in
chapter 69 of the Laws of 1907, shall remain in force.

Chapter 42.

[1911

Gift to exec-
utor in lieu of
compensation.

Tax, when
payable.

Tax to be de-
ducted from
legacy, or
paid by lega-
tee of specific
property.

Legacy
charged on
realty, tax
how paid.

If interest of
one devisee
taxable.

Sect. 3. If a testator gives, bequeaths or devises to his ex-
ecutors or trustees any property otherwise liable to said tax, in
lieu of their compensation, the value thereof in excess of reason-
able compensation, as determined by the probate court upon the
application of any interested party or the state treasurer, shall
nevertheless be subject to the provisions of this chapter.

Sect. 4. All taxes imposed by the provisions of this chapter,
including taxes on intermediate estates and remainders as set forth
in section 2, shall be due and payable to the state treasurer by
the executors, administrators or trustees, at the expiration of two
years after the date of their giving bonds. If the probate court
has ordered the executor or administrator to retain funds to sat-
isfy a claim of a creditor, the payment of the tax may be sus-
pended by the court to await the disposition of such claim. If
the taxes are not paid when due, interest at the rate of ten per
cent, per annum shall be charged and collected from the time the
same became payable ; and said taxes and interest shall be and
remain a lien on the property subject to the taxes until the same
are paid.

Sect. 5. An executor, administrator or trustee holding prop-
erty subject to said tax shall deduct the tax therefrom or collect
it from the legatee or person entitled to said property, and he
shall not deliver property or a specific legacy subject to said tax
until he has collected the tax thereon. When a specific bequest
of personal property other than money is subject to a tax under
the provisions of this act and the legatee neglects or refuses to
pay the tax upon demand, the executor or trustee may upon such
notice as the probate court may direct be authorized to sell such
property, or if the same can be divided, such portion thereof as
may be necessary and shall deduct the tax from the proceeds of
such sale, and shall account to the legatee for the balance if any
of such proceeds in lieu of the property. An executor or admin-
istrator shall collect taxes due upon land which is subject to tax
under the provisions hereof from the heirs or devisees entitled
thereto, and he may be authorized to sell said land according to
the provisions of section 8 if they refuse or neglect to pay said
tax.

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

Sect. 7. When any interest in property less than an estate in
fee is devised or bequeathed to one or more beneficiaries with
remainder to others, and the interest of one or more of the bene-
ficiaries is subject to said tax, the executor shall deduct the tax

1911] Chapter 42. 47

ii])on such taxable interests from the whole property thus deviser!
or bequeathed aud whenever jDropertj other than money is so de-
vised or bequeathed he may, unless the taxes upon all the taxable
interests are paid when due by the beneficiaries, be authorized to
sell such property or such portion thereof as may be necessary, as
provided in sections 5 and 8 and having deducted the unpaid
taxes on such taxable interests from the proceeds of such sale, he
shall account for the balance in lieu of the property sold as in
other cases.

Sect. 8. The probate court may authorize executors, admin- |fr*'ieKacy*^*^
istrators and trustees to sell the real estate of a decedent for the taxes,
payment of said tax in the same manner as it may authorize them
to sell real estate for the pajonent of debts.

Sect. 9. Every administrator shall prepare a statement in n^ts 'orheira
duplicate, showing as far as can be ascertained the names of all fo'^Q^ffed^^
the heirs-at-law and their relationship to the decedent, and every P|gfgp^ J"'"
executor shall prepare a like statement showing the relationship refusal,
to the decedent of all legatees named in the will, and the age at
the time of the death of the decedent of all legatees to whom
property is bequeathed or devised for life or for a term of years,
and the names of those, if any, who have died before the decedent,
and shall file same with the register of probate at the time of his
appointment. Letters of administration shall not be issued by
the probate court to any executor or administrator until he has
filed such statement in duplicate, and has given bond with suffi-
cient sureties to pay all taxes for which he may be or become liable
under the provisions of this act, and to comply with all of its
provisions. Every executor and administrator when he files his
account in the probate court shall file a duplicate thereof with the
state treasurer. An inventory and appraisal under oath of the
whole of every estate, any part of which may be subject to a tax
under the provisions of this act, in the form prescribed by the stat-
ute, shall be filed in probate court by the executor, administrator
or trustee within three months after his appointment. If he neg-
lects or refuses to comply with any of the requirements of this
section he shall be liable to a penalty of not more than one thou-
sand dollars, which shall be recovered by the state treasurer for
the use of the state, and after hearing and such notice as the court
of probate may require, the said court of probate may remove said
executor or administrator, and appoint another person adminis-
trator with the will annexed, or administrator, as the case may
be ; and the register of probate shall notify the state treasurer
within thirty days after the expiration of said three months of
the failure of any executor, administrator or trustee to file such
inventory and appraisal in his office.

Sect. 10. The register of probate shall within thirty days copiea ot
after it is filed, send to the state treasurer, by mail, one copy of state' treas-
every statement filed with him bv executors and administrators as ^^^^'

48 Chaptee 42. [1911

provided in section 9, a copy of every will containing legacies
which are subject to a tax under the provisions of this chapter,
and a copy of the inventory and appraisal of every estate, any
part of which may be subject to such a tax, unless notified by the
state treasurer that such copies will not be required. The fees
for such copies shall be paid by the state treasurer. The register
shall also furnish such copies of papers and such information
as to the records and files in his office, in such form, as the state
treasurer may require. A refusal or neglect by the register so
to send such copies, or to furnish such information, shall be a
breach of his official bond. The fees of registers of probate for
copies furnished under the provisions of this section shall be one
dollar for each will or inventory not exceeding four full type-
written pages, eight by ten and one half inches, and twenty-five
cents for each page in excess of four.
If realty sub- Sect. 11. If real estate of a decedent so passes to another
person as to become subject to said tax, his executor, administra-
tor or trustee shall inform the state treasurer thereof within six
months after his appointment, or if the fact is not known to him
within that time, then within one month after the fact becomes
known to him.
urlr^ to'^ d?ter- Sect. 12. The state treasurer shall determine the amount of
o'/'tax^due""* ^^^ taxcs due and payable under the provisions of this act, and
abatement of shall Certify the amount so due and pavable to the executor or

tax on wear- , . . -^ . » , . , ^ ' , ,

ing apparel, administrator II any, otherwise to the person or persons by whom
the tax is payable ; but in the determination of the amount of
any tax said state treasurer shall not be required to consider
any payments on account of debts or expenses of administration
which have not been allowed by the probate court having juris-
diction of said estate. The amount due upon the claim of any
creditor against the estate of a deceased person arising under a
contract made after the passage of this act, if payable by the
terms of such contract at or after the death of the deceased shall
be subject to the same tax imposed by this chapter upon a legacy
of like amount. The value of legacies or distributive shares in
the estates of deceased persons for the purpose of the legacy or
succession tax shall not be diminished by reason of any claim
against the estate based upon such a contract in favor of the
persons entitled to such legacies or distributive shares, except in
so far as it may be shown affirmatively by competent evidence
that such claim was legally due and payable in the lifetime of
the decedent. Payment of the amount so certified shall be a dis-
charge of the tax. An executor, administrator, trustee or grantee
who is aggrieved by any such determination of the state treasurer
and who pays the tax assessed without appeal, may, within one
year after the payment of such tax to the treasurer, but not after-
wards, apply to the probate court having jurisdiction of the estate
of the decedent for the abatement of said tax or any part thereof,

1911] Chapter 42. 49

and if the court adjudges that said tax or any part thereof was
wrongfully exacted it shall order an abatement of such portion
of said tax as was assessed without authority of law which
said order or decree shall be subject to appeal as in other cases.
Upon a final decision ordering an abatement of any portion of
said tax, the state treasurer shall repay the amount adjudged to
have been illegally exacted without any further act or resolve
making appropriation therefor. Whenever a specific bequest of
household furniture, wearing apparel, personal ornaments or sim-
ilar articles of small value is subject to a tax under the provisions
of this act, the state treasurer in his discretion may abate such
tax if in his opinion the tax is not of sufficient amount to justify
the labor and expense of its collection.

Sect. 13. If an executor or administrator shall fail to file ^x^i'cmof ' or
an inventory and appraisal in the probate court as provided in ^fi^'^to*^ m'e°'^
section 9 of this act, or if the state treasurer is not satisfied with etc^°p°eJaUy
the inventory and appraisal which is filed, the state treasurer for neglect or
may employ a suitable person to appraise the property and the
executor or administrator shall show the property of the decedent
to such appraiser upon demand, and shall make and subscribe
his oath that the property thus shown includes all the property
of the decedent that has come to his knowledge or possession.
Such appraiser shall prepare an inventory of said property, and
shall appraise it at its actual market value at the time of the
decedent's death and shall return such inventory and appraisal to
the state treasurer. The expense of such appraisal shall be a
charge upon the estate of the decedent as an expense of adminis-
tration in all cases where an inventory and appraisal has not been
filed as provided in said section 9, otherwise the expense shall
be paid by the state treasurer. An executor or adijiinistrator
who shall neglect or refuse to show the property of the decedent
to such appraiser upon demand or to make and subscribe such
oath shall be liable to the same penalty as for a violation of the
provisions of said section 9. Said tax shall be assessed upon the
actual market value of the property at the time of the decedent's
death. Such value shall be determined by the state treasurer and
notified by him to the person or persons by whom the tax is pay-
able, and such determination shall be final unless the value so
determined shall be reduced by proceedings as herein provided.
Upon the application of any party interested in the succession,
or of the executor, administrator, or trustee, made at any time
within three months after notice of such determination, the pro-
bate court shall appoint three disinterested appraisers, or with the
consent of the state treasurer, one disinterested appraiser, who
first being sworn, shall appraise such property at its actual mar-
ket value, as of the date of the death of the decedent and shall
make return thereof to said court. Such return when accepted
by said court, shall be final ; provided, that any party aggrieved

Chaptek 42.

[1911

Appeal irom
assessment.

Administra-
tion on peti-
tion of state
treasurer.

Administra-
tion account
not allowed
until tax
paid.

Procedure if
tax not paid
after two
years; action
for recovery
o! tax.

by such appraisal shall have an appeal upon matters of law. One
half of the fees of said appraisers, as determined by the judge
of said court, shall be paid by the state treasurer, and one half
of said fees shall be paid by the other party or parties to said pro-
ceeding.

Sect. 14. An executor, administrator, trustee or grantee who
is aggrieved by the assessment of any tax by the state treasurer
as provided in section 12 may at any time within three months
after notice of such assessment appeal therefrom to the probate
court having jurisdiction of the settlement of the estate of the
decedent, which court shall, subject to apj)eal as in other cases,
hear and determine all questions relative to said tax, and the state
treasurer shall represent the state in any such proceeding. When-
ever any real estate or separate parcel thereof is subject to a lien
created by this act, or any amendment thereof, the probate court
shall have jurisdiction in like proceedings to make such order or
decree as will otherwise secure to the state the payment of any tax
due or to become due on such real estate or separate parcel thereof,
and upon the performance of such order or decree to discharge
such lien.

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

Sect. 16. l^o account of an executor, administrator, or trus-
tee shall be allowed by the probate court until the certificate of
the state treasurer has been filed in said court, that all taxes im-
posed by the provisions of this act upon any property or interest
therein belonging to the estate to be included in said account, and
already payable, have been paid, and that all taxes which may
become due on said estate have been paid, or settled as herein-
before provided, or that the payment thereof to the state is secured
by deposit or by lien on real estate. The certificate of the state
treasurer as to the amount of the tax and his receipt for the
amount therein certified shall be conclusive as to the payment of
the tax, to the extent of said certification.

Sect. 17. At any time after the expiration of two years from
the date of the bond of the executor or administrator of any estate
upon which the tax has not been determined as provided in section
12, or upon which no tax has been paid, the state treasurer may
require such executor or administrator, or any person or corpora-
tion interested in the succession to appear at the state treasury,
at such time as the treasurer may designate and then and there
to produce for the use of the treasurer in determining whether
or not the estate is subject to said tax and the amount of such
tax, if any, all books, papers or securities which may be in the pos-

1911] Chapter 42. 51

session or within the control of such executor, administrator or
beneficiary relating to such estate or tax, and to furnish such
other information relating to the same as he may be able and
the treasurer may require. Whenever the treasurer shall desire
the attendance of an executor, administrator or beneficiary as
herein ])rovided, he shall issue a notice stating the time when such
attendance is required, and shall transmit the same by registered
mail to such person or corporation, 14 days at least before the
date when such person or cor])oration is required to appear. If a
person or corporation receiving such n(»tice neglects to attend,
or to give attendance so long as may be necessary for the purpose
for which the notice was issued, or refuses to produce such books,
papers or securities or to furnish such information, such person
or corporation shall be lial)le to a penalty of twenty-five dollars
($25) for each offense which shall be recovered by the state treas-
urer for the use of the state. The state treasurer may commence
an action for the recovery of any of said taxes at any time after
the same become payable ; and also whenever the judge of a pro-
bate court certifies to him that the final account of an executur.
administrator or trustee has been filed in such court and that the
settlement of the estate is delayed because of the non-payment of
said tax. The probate court shall so certify upon the application
of any heir, legatee or other person interested therein, and may
extend the time of payment of said tax whenever the circum-
stances of the case require.

Sect. 18. Tf a foreign executor, administrator or trustee as- if stock of
signs or transfers any stock or obligation in any national bank poration
located in this state or in any corporation organized under the forefgn'^execu-
laws of this state, owned by a deceased non-resident at the date of ^°^'
his death and liable to a tax under the provisions of this chapter,
the tax shall be paid to the state treasurer at the time of such
assignment or transfer, and if it is not paid when due, such exec-
utor, administrator or trustee shall be personally liable therefor
until it is paid. A bank located in this state or a corporation
organized under the laws of this state which shall record a trans-
fer of any share of its stock or of its obligations made by a for-
eign executor, administrator or trustee, or issue a new certificate
for a share of its stock or of this transfer of an obligation at the
instance of a foreign executor, administrator or trustee, before all
taxes imposed thereon by the provisions of this chapter have been
paid, shall be liable for such tax in an action brought by the state
treasurer.

Sect. 10. Securities or assets belonging to the estate of a as*set3^To°*
deceased non-resident shall not be delivered or transferred to a foreign exec-

j" • 1 • • 11 . /. . 1 utor.

foreign executor, administrator, or legal representative of said
decedent, unless such executor, administrator or legal representa-
tive has been licensed to receive such securities or assets by the
probate court without serving notice upon the state treasurer of

Chapter 42.

[1911

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

Blanks and
books.

Limitation of
act; repealing
clause.

Takes effect
on passage.

the time and place of such intended delivery or transfer seven days
at least before the time of such delivery or transfer. The state
treasurer, either personally or by representative, may examine
such securities or assets at the time of such delivery or transfer.
When such securities or assets are liable to a tax under the provi-
sions of this chapter, such tax shall be paid before such delivery
or transfer. Failure to serve such notice or to allow such exami-
nation, or delivery or transfer of such securities or assets before
the payment of such tax to the state treasurer shall render the
person or corporation making the delivery or transfer liable in
an action brought by the state treasurer to the pajnnent of the tax
due upon said securities or assets.

Sect. 20. The state treasurer shall be made a party to all
petitions by foreign executors, administrators, or trustees brought
under the provisions of this act, or under section 23 of chapter
189 of the Public Statutes, and no decree shall be made upon any
such petition unless it appears that notice of such petition has
been served on the state treasurer fourteen days at least before the
return day of such petition. The state treasurer shall be entitled
to apj)ear in any proceeding in any court in which the decree may
in any way affect the tax and no decree in any such proceeding
or upon appeal therefrom shall be binding upon the state unless
personal notice of such proceeding shall have been given to the
state treasurer.

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

Sect. 2. This act shall not apply to estates of persons de-
ceased prior to the date when it takes effect, or to property passing
by deed, grant, bargain, sale or gift taking effect prior to said
date ; but said estates and property shall remain subject to the
provisions of the laws in force prior to the passage of this act^
Chapter 64 of the Laws of 1907 is hereby repealed, except in so
far as it applies to estates of persons deceased prior to the passage
of this act.

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

[Approved March 9, 1911.]

1911]

Chapter 43.
CHAPTER 43.

AN ACT AMENDIISTG SECTION 1, CHAPTER 164 OF THE SESSION LAWS
OF 1909, ENTITLED "aN ACT IN AMENDMENT OF SECTIONS 1, 2
AND 3 OF CHAPTER 137 OF THE SESSION LAWS OF 1907 EN-
TITLED 'an act IN RELATION TO FIRE-ESCAPES ON CERTAIN
BUILDINGS.

AN ACT

Section
1. Form of fire-escape prescribed for
certain buildings.

Section
2. 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 164 of the session Form of are
Laws of 1909 by striking out after the word "iron" in the eighth Icrfbe^d ^for'
line the words "ladder or stairway fire-escape attached to the buudlngs.
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 as to render access thereto easy and safe" and
insert in place thereof the words : balcony and stairway fire-escape
built and attached to the outer wall in such manner and place as
to render egress from said building easy and safe; and by strik-
ing out all of said section after the word "such" in the eighteenth
line and inserting in place thereof the following: building as is
at the time of the passage of this amendment sufficiently equipped
with a steel or wroiight-iron balcony and ladder fire-escape until
such time as said fire-escape becomes insecure or is removed ; nor
shall the provisions of this section apply to any such factory
building as shall be adequately equipped with an approved
sprinkler system and stairways inclosed with walls of fireproof
material or other means of exit duly approved in writing by said
officers so that said section as amended shall read: 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 lodg-
ing house, schoolhouse, orphan asylum, theater, hall for public
assembly or factory shall be let, leased or occupied for such pur-
poses unless provided with a steel or wrought-iron balcony and
stairway fire-escape built and attached to the outer wall in such
manner and place as to render egress from said building easy and
safe. If said building be of a length greater than one hundred
and fifty feet it shall be provided with one additional such fire-
escape for every additional one hundred and fifty feet or frac-
tional part thereof. Provided that any other metal fire-escape
may be so attached if approved by the building inspector, chief of
the fire department or board of selectmen. The provisions of
this section shall not apply to any such building as is at the
time of the passage of this amendment sufficiently equipped with

Chapter 44.

[1911

Takes effect
on passage.

a steel or wrougiit-iron balcony and ladder fire-escape until such
time as said fire-escape becomes insecure or is removed ; nor shall
the provisions of this section apply to any such factory building
as shall be adequately equipped with an approved sprinkler sys-
tem and stairways inclosed with walls of fireproof material, or
other means of exit duly approved in writing by said officers.
Sect. 2. This act shall take effect on its passage.

[Approved March 9, 1911.]

CHAPTEE 44.

AN ACT TO PROVIDE ADDITIONAL SECURITY IN ACTIONS PENDING
IN THE SUPERIOR COURT.

Section
1. Court may permit additional attach-
ments.

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

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

Court may
permit addi-
tional at-
tachments.

Section 1. Any justice of the superior court, in term time
or in vacation, after such notice to the defendant as the court
may order, upon being satisfied that new or additional security
for the enforcement of any judgment or decree that may be made
in behalf of the plaintiff, is reasonably necessary, may, upon such
terms as justice may require, make an order permitting new or
additional attachments, or trustee process, to be made after the
service of the writ or petition upon the defendant, within such
time as the court may limit. Any attachment or trustee process
made or served under such order, shall have the same effect as a
lien, betAveen the parties to the action, except as to prior encum-
brances as though it had been made before service of the writ
or petition upon the defendant.

Sect. 2. All acts or parts of acts inconsistent with this act
take^ "effect are hereby repealed, and this act shall take effect upon its pas-

on passage. ggo-e.

Repealing
clause; act

[Approved March 9, 1911.]

1911]

Chapter 45.

CHAPTER 45.

AN ACT TO AMEND SECTIONS 3, 4, 5, AND 6 OF THE PUBLIC STAT-
UTES RELATING TO ATTACHMENTS OF REAL ESTATE.

Section
1. Copy of writ with register of deeds;
record of attachments.

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. That sections 3, 4, 5, and 6 of chapter 220 of the copy of writ

T~. 1 T o 1 T 1 1 •! • 1 111 r 1 "^^^^ register

Public Statutes be amended by striking out the whole thereoi and of deeds; rec-

ord of at-

insertiiig in the place thereof the following : Sect. 3. Peal es- tachments.
tate may he attached on a writ of mesne process by the officer
leaving an attested copy thereof and of his return of the attach-
ment thereon at the office or the dwelling house of the register
of deeds of the county in which the real estate is situate. Sect.
4. The officer's return is sufficient evidence that the copy has
been so left, and of the time thereof ; but the register of deeds
shall certify thereon the time when the copy was received, and
shall keep it on file. Sect. 5. The register of deeds shall keep
a general index of all attachments so made, and of the copies
of all writs and processes filed with him, which index shall be
open to public inspection at all times. He shall enter therein, at
the time of receiving a copy, a record of the exact time when it
was received, of the court to which the writ is returnable, and of
the names of the plaintiff and defendant in the action. The de-
fendants' names shall be alphabetically arranged. Sect. 6. The
officer making such attachment shall, at the time of making it,
pay to the register of deeds the sum of twenty cents, which shall
be in full for his services in receiving and filing the copy, certify-
ing the time of receiving it, and entering the attachment upon the
index.

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

on passage.

[Approved March 9, 1911.]

Chapters 46, 47.

[19J.1

CHAPTEE 46.

AN ACT RELATING TO THE PURCHASE OF SCHOOL WAGONS.

Section
1. School districts may purchase.

Section
2. Takes effect on passage.

School dis-
tricts may
purchase.

Takes effect
on passage.

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

Section 1. Any school district may raise money for the pur-
chase of suitable vehicles for the transportation of school chil-
dren.

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

[Approved March 9, 1911.]

CHAPTER 47.

AN ACT IN xiiSIENDMENT OF CHAPTER 70 SESSION LAWS OF 1901
ENTITLED "aN ACT TO REVISE THE FISH AND GAME LAWS OF THE
STATE"" AND AMENDING SECTION 9, CHAPTER 36, SESSION LAWS
OF 1907.

Section
1. Shooting of beach birds, duck, etc.

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

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

Shooting of
beach birds,
duck, etc.

Repealing
clause; act
takes effect
on passage.

Section 1. That section 43 of [chapter 79 of] the session
Laws of 1901 as amended by cha])ter 36, section 9, of the session
Laws of 1907 be amended by striking out after the words "Sect.
43" all of said section so that said section shall read as follows:
The provisions of the preceding sections shall not be construed to
prevent the shooting of beach birds, so called, teal and coot, so
called, within the limits of Rockingham county after the fifteenth
day of July of any year or to prevent the shooting of 1)1 ack or
dusky duck, so called, on tide waters and salt marshes within said
county after the thirty-first day of August of any year.

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

[Approved March 15, 1911.]

1011] Chapters 48, 49. 67

CHAPTER 48.

AN ACT IN RELATION TO THE APPOINTMENT OF APPRAISERS BY!
THE JUDGE OF PROBATE^ IN ADDITION TO SECTION 2, CHAPTER
189 OF THE PUBLIC STATUTES.

Section 1. One appraiser in certain cases.

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

Section 1. In appraisals of property the judge of probate fn%^Mn^
may appoint only one appraiser, if in his opinion the nature of *^^^®^-
the property, or the size of the estate makes it advisable so to do.

[Approved March 15, 1911.]

CHAPTER 49.

AN ACT IN AMENDMENT OF CHAPTER 25 OF THE LAWS OF 1905^
PROVIDING FOR THE TAXATION OF BOATS AND LAUNCHES.

Section l. If value is over $100, where taxed.

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

Section 1. Section 1 of chapter 25 of the Laws of 1905 is ^^gj^'i^Qg*^
amended to read as follows : All boats and launches of every de- where taxed,
scription, whatever the motive power may be, the aggregate value
of which exceeds one hundred dollars, shall be taxed to the owner
where the property is located on the first day of April.

[Approved March 15, 1911.]

Chapters 50, 51.

[1911

CHAPTEE 50.

AN ACT TO CREATE A TRUST FUND FOR THE NEW HAMPSHIRE

SOLDIERS^ HOME.

Stato treas-
urer may re-
ceive funds.

To be held
as permanent
trust fund.

Repealing
clause; act
takes effect
on passage.

Section

1. State treasurer may receive funds.

2. To be held as permanent trust fund.

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

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

Section 1. That the state treasurer is designated as the per-
son to receive funds from the board of managers of the National
Home for Disabled Volunteer Soldiers.

Sect. 2. That all funds so received, shall be held by him in a
permanent continuous fund to be drawn upon by the treasurer of
the New Hampshire Soldiers' Home for the support and mainte-
nance of the Home as its needs require.

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

[Approved March 15, 1911.]

CHAPTER 51.

AN ACT IN amendment OF SECTION 19, CHAPTER 286 OF THE PUB-
LIC STATUTES RELATIVE TO THE SALARY OF THE TREASURER OF
CARROLL COUNTY.

Section 1. Annual salary of $300; repealing clause.

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

Annual salary
of $300; re-
pealing

clause.

Section 1. That the salary of the treasurer of the county of
Carroll, on and after April 1, 1911, be three hundred dollars pay-
able as now provided by law, and so much of section 19, of chapter
286, of the Public Statutes as is inconsistent with this act is here-
by repealed.

[Approved March 15, 1911.]

1911]

Chapters 52, 53.

CHAPTER 52.

AN ACT IN AMENDMENT OF SECTION 16, CHAPTER 56, PUBLIC STAT-
UTES, ENTITLED, "pERSONS AND PROPERTY, WHERE TAXED."

Section
1. Wood, lumber, etc.
whom taxed.

where and to

Section

2. Repealing clause.

3. Takes effect on passage.

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

Section 1. Section 16, chapter 56, Public Statutes is hereby ^°°'i^j^']^°»-
anieiided by insertinii; after the words "or runl manufactured" in "«^bere and

to wnom

the second line thereof, the words, whether constituting stock in taxed,
trade or otherwise, so that said section, as amended, shall read:
Wood, bark, timber, logs, and lumber, manufactured or unmanu-
factured, whether constituting stock in trade or otherwise, exceed-
ing fifty dollars in value, shall be taxed at its full value in the town
where it is on the first day of April, to the owner, if he then resides
in such town, otherwise to the owner or person having it in his care
or custody on that day ; and any person or corporation permitting
such property to be deposited on their premises shall be deemed
to have the same in their care or custody, and shall have a lien
on the same for the payment of said taxes ; and when any wood,
bark, logs, or lumber, liable to be taxed, shall be owned by a per-
son residing out of the town where the same is situated on the
first day of April, and is not in the custody of any person resid-
ing in such town, the same shall be taxed to the owner thereof;
and said town shall have a lien thereon for the pa^nnent of the
taxes.

Sect. 2. So much of clause 6, section 7 of chapter 55 Public Repealing

o •■ • 'I'll IT clause.

Statutes, as is inconsistent herewith, is hereby repealed.

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

on passage.

[Approved ]\rarch 15. 1011.]

CHAPTER 53.

AN ACT IN RELATION TO THE DISPOSAL OF SURPLUS STATE PUBLI-
CATIONS.

Section
1. Surplus to be sold to highest bidder.

Section
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 State Library are directed to to be sold to
dispose of the surplus state publications in their custody in the del^!*^^* *'*'*'

Chapter 54.

[1911

Takes effect
on passage.

following manner: They shall reserve the full number on hand
of all publications having an actual money value and thirty copies
at least of all other publications. They shall ask for bids for the
purchase of the entire remainder of state publications in their
custody and shall sell such remainder to the jDerson or persons
making the highest bid.

2. This act shall take effect upon its passage.

Sect.

[Approved March 15, 1911.]

CHAPTEE 54.

AN ACT IN AMENDMENT OF CHAPTER 52 OF THE LAWS OF 1891,
EELATING TO THE ELECTION AND QUALIFICATION OF THE TRUS-
TEES OF THE NEW HAMPSHIRE COLLEGE OF AGRICULTURE AND
MECHANIC ARTS.

Section
1. Trustees, how chosen.

Section
2. Repealing clause;
on passage.

act takes effect

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

iTustees,
how chosen.

Repealing
clause; act
takes effect
on passage.

Section 1. Amend chapter 52 of the Laws of 1891 by strik-
ing out all of section 5 of said chapter and inserting in place
thereof the following: Sect. 5. The general government of the
New Hampshire College of Agriculture and Mechanic Arts is
vested in a board of thirteen trustees and all vacancies hereafter
occurring in said board shall be filled as follows: The governor
of the state and the president of said college shall be trustees ex-
officio ; the alumni of said college may elect two trustees in such
manner as said board may prescribe. One of said trustees elected
by the alumni of said college shall be a resident of the state and
their term of office shall be three years. All other trustees shall
be appointed by the governor with the advice of the council ; one
at least shall be a resident of each councilor district and hold their
office for the term of three years ; and not more than five of the
trustees appointed by the governor and council shall belong to the
same political party and at least seven of them shall be practical
farmers. Eight members shall constitute a quorum for the trans-
action of business and not less than eight affirmative votes shall
be required to elect a president of said college.

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

[Approved March 15, 1911.]

1911]

Chapters 55, 56.
CHAPTER 55.

AN ACT IN AMENDMENT OF CPIAPTER 155, SESSION LAWS OF 1909,
RELATING TO STATE HIGHWAYS.

Section
1. Highways around Winnipesaukee
and Sunapee lakes may be desig-
nated.

Section

2. How built and maintained.

3. Repealing clause; act takes effect

on passage.

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

Section 1. That section 15 [41 of chapter 155 of the session Highways

■" ■* 3.rounQ vV in-

Laws of 1909 [being section 15 added to chapter 104, Laws nipesaukee
of 1907] be and hereby is amended by adding at the end lakes "may*^^be
thereof the following provision : The governor and council are •^^^'S'^^**'''-
further authorized and empowered, whenever in their opinion the
public good so requires, to designate for improvement by suitable
description continuous highways around Lake Winnipesaukee or
Lake Sunapee and connecting with one or more of the three main
state highways.

Sect. 2. Said highways, when so designated by the governor how buiu
and council, shall be built and maintained under the same provi- taine™^'""
sions as the other highways mentioned in said section 15 [4],
chapter 155, session Laws of 1909.

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

on passage.

[Approved March 17, 1911.]

CHAPTEE 56.

AN ACT IN AMENDMENT OF SECTION 29 OF CHAPTER 266 OF THE
PUBLIC STATUTES RELATING TO TRESPASS AND MALICIOUS IN-
JURIES.

Section 1. Wrongful use of automobile, etc., penalty.

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

Section 1. That section 29 of chapter 266 of the Public ^/g°°„f"Jy^^
Statutes be amended by adding the words or automobile or motor ^^^Hf- ^*^-
cycle after the word "animal" in the third line of said section,
so that said section as amended shall read as follows : Sect. 29.
If any person shall wilfully, mischievously and without claim of
right take or use any boat, vehicle, or shall take, drive, ride or use
any horse or other driving or draught animal or any automobile

Chapters 57, 58.

[1911

or motor cycle without the consent of the owner or person having
control thereof, but not with intent to steal the same, shall be fined
not exceeding one hundred dollars, or be imprisoned not exceed-
ing one year, or both.

[Approved March 17, 1911.]

CHAPTER 5'

AN" ACT RELATING TO HUNTERS LICENSES.

Section
1. How granted to person under eight-
een years.

Section

2. Prior act not affected.

3. Takes effect on passage.

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

How granted
to person
under eight-
een years.

Prior act not
affected.

Takes effect
on passage.

Section 1. 'No person can procure a license to hunt under
eighteen (18) years of age without a written permission from
their parents or guardian, said written permission to be placed
on file in the office where license is granted. The clerk shall keep
a record of all licenses granted, and any citizen shall have access
to said record at any time.

Sect. 2. This act not to conflict with chapter 38 of session
Laws of 1905, section 1 as amended.

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

[Approved March 17, 1911.]

CHAPTER 58.

ANT ACT TO PREVENT THE DEFRAUDING OF LABORERS.

Section

1. Obtaining money for procuring

employment with payee's em-
ployer prohibited.

2. Payment for like purpose prohibited.

Section

3. Penalty for violation.

4. Limitation of act.

5. Takes effect on passage.

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

Obtaining
money for
employment
with payee's
employer
prohibited.

Section 1. No agent, superintendent, foreman, or other em-
ployee of any corporation, firm, co-partnership, or of any person,
shall obtain money or property of any kind whatsoever, or obtain
a promise to pay money or property of any kind whatsoever, from,

1911] Chapter 59. 63

for, or in behalf of any person for the purpose of procuring em-
ployment for such person in the service of said corporation, firm,
co-partnership, or person.

Sect. 2. No person whomsoever shall offer, or promise to pay Payment for
money or other property of any kind to any agent, superintend ■ pVo^hibu'ed!^^
ent, foreman, or employee of any corporation, firm, co-partnership,
or of any person whomsoever, for the purpose of securing employ-
ment, or promise of employment for any other person or persons,
in the service of said corporation, firm, co-partnership, or person.

Sect. 3. Any violation of any of the provisions of this act Penalty,
shall be punished by fine not exceeding one hundred dollars, or by
imprisonment not exceeding one year, or both.

Sect. 4. The provisions of this act shall not be so construed Limitation of
as to affect or impair the right of any corporation, firm, co-part-
nership or person to hire laborers, or accept apprentices in the
ordinary and usual course of business, or in any way abridge the
right to obtain and exercise licenses to run employment offices as
provided by law.

Sect. 5. This act shall take effect upon its passage. on'^pLsage!

[Approved March 17, 1911.]

CHAPTER 59.

AN act to change THE NAME OF KNOWLES POND IN THE TOWN

OF ALBANY.

Section i Section

1. Name changed to lona lake. ' 2. Takes effect on passage.

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

Section 1. That the name of Knowles pond in the town of Name
Albany is hereby changed to, and that the same shall be hereafter ^^^°^®'*-
known and called lona lake.

Sect. 2. This act shall take effect upon its passage. rp^i^^g g^^^j

on passage.

[Approved March lY, 1911.]

Duties ol
physicians
and under-
taliers witti
respect to
deatha and
burials.

Chapter 60.
CHAPTEE 60.

[1911

AN ACT IN AMENDMENT OF SECTION 4, CHAPTER 173 OF THE PUB-
LIC STATUTES AS AMENDED BY SECTION 1, CHAPTEE 17 OF THE
LAWS OF 1899, entitled: "registration of BIRTHS,. MAR-
RIAGES AND DEATHS.""

Section 1. Duties ot physicians and undertalcers with respect to deaths and

burials.

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

Section 1, Section 4, chapter 173 of the Public Statutes,
as amended by section 1, chapter 17 of the Laws of 1899, is
hereby amended by adding the following: If the deceased is a
resident of this state and dies in some other state, but is buried
in this state, the clerk of the town where the interment is made
shall make a record of the death, the same as is required by sec-
tion 1, chapter 173 of the Public Statutes, and shall transmit a
copy of said record to the state registrar as is now required by
section 8 chapter 173 of the Public Statutes as amended by sec-
tion 2, chapter 17 of the Laws of 1899. If a person is buried in
a town, other than the one where the death occurred, the clerk
of the town where the interment is made shall make a like record
of the death, but shall not transmit a copy of said record to the
state registrar unless called for; so that said amended section as
amended shall read as follows : Sect. 4. Whenever a person
shall die, or a still-born child shall be brought forth, the physician
attending at the last sickness or bringing forth shall fill out and
deliver to the undertaker, or other person superintending the
burial of the deceased person, or to the town clerk, a certificate,
duly signed, setting forth, as far as many be, the facts required in
the record of a death, according to section 1 of this chapter. It
shall be the duty of the undertaker, or other person having charge
of the burial, to add to the certificate the date and place of burial,
and having signed the same, to forward it to the clerk of the town,
and obtain a permit for burial. In case of a contagious or in-
fectious disease, the certificate shall be made and forwarded im-
mediately. If the deceased is to be buried in a town other than
that in which the death occurred, the town clerk issuing the burial
permit shall within six days forward a duplicate copy of the rec-
ord of death to the clerk of the town where the interment is made ;
but no return of said duplicate shall be made to the state registrar
unless called for. If the deceased is a resident of this state and
dies in some other state, but is buried in this state, the clerk of
the town where the interment is made shall make a record of the
death, the same as is required by section 1, chapter 173 of the
Public Statutes, and shall transmit a copy of said record to the

1911]

Chapter 61,

state registrar as is now required bj section 8 chapter 173 of the
Public Statutes as amended by section 2, chapter 17 of the Laws
of 1899. If a person is buried in a town other than the one where
the death occurred, the clerk of the town where the interment is
made shall make a like record of the death, but shall not transmit
a copy of said record to the state registrar unless called for.

[Approved March 17,, 1911.]

CHAPTEE 61.

AN ACT TO AMEND CHAPTEE 169, SECTION 7, OF THE PUBLIC STAT-
UTES, AS AMENDED BY CHAPTEE 89 OF THE SESSION LAWS OF
1907, EELATING TO INSUEANCE AGENTS AND BEOKEES.

Section
1. Insurance brokers not required to
be residents.

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. Chapter 169. section 7, of the Public Statutes, as insurance
amended by chapter 89 of the session Laws of 1907, is hereby rJquimi °o
amended by adding at the end thereof the following: Nothing in ^"^ residents.
this act shall be construed to prohibit the granting of brokers'
licenses without regard to place of residence, so said section as
amended shall read : Sect. 7. The agents of such companies
shall be residents of the state. Xo officer or agent thereof shall
act or aid in any manner in the negotiation of any insurance
with such company until he shall have procured from the in-
surance commissioner a license so to do. The license shall state
in substance that the company is authorized to transact business
in this state, and that the person named therein is the constituted
agent of the company for that pur]:)ose. ^NTothing in this act shall
be construed to prohibit the granting of brokers' licenses without
regard to place of residence.

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

on passage

[Approved March 17, 1911.]

Chapters 62, 63.

[1911

CHAPTEE 62.

AN ACT AUTIIOEIZINQ THE FISH AND GAME COMMISSIONERS TO
MAINTAIN THE FISH-SCEEEN AT THE OUTLET OF LOVELESS LAKE
IN THE TOWN OF WAKEFIELD.

Section

1. Maintenance provided for.

2. Interference, how punished.

Section
3. Takes effect on passage.

Mainte-
nance pro-
vided for.

Interference,
how pun-
ished.

Takes effect
on passage.

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

Section 1. The fish and game commissioners are hereby in-
structed to maintain the fish-screen at the outlet of Lovell's lake
in the town of Wakefield without expense to said state or town.

Sect. 2. Any person interfering in any way without the con-
sent of the commissioners with said screen shall be fined fifty dol-
lars for each offense.

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

[Approved March 17, 1911.]

CHAPTEE 63.

AN ACT PROHIBITING FISHING IN THE WATERS, BAYS OR BASINS
SUPPLIED BY THE WINNIPESAUKEE RIVER IN THE TOWNS OF TIL-
TON AND BELMONT.

Section
1. Fishing prohibited during certain
months; penalty for violation.

Section
2. Takes effect on passage.

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

Fishing pro-
hibited;
penalty.

Takes effect
on passage.

Section 1. ]^o person shall fish in the waters, bays or bas^ins
supplied bv the Winnipesaukee river, between the dam at East
Tilton and the Shaker bridge, so called, over said river in the
towns of Tilton and INTorthfield. between the first day of Novem-
ber and the first day of May next following for a term of five
years from the passage of this act. Any person violating the pro-
visions of this act shall be fined ten dollars for each offense.

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

[Approved March 17. 1911.]

1911] Chapters 64, 65. 67

CHAPTER 64.

AN ACT RELATING TO THE SALAKY OF THE DEPUTY REGISTER OF
PROBATE OF THE COUNTY OF MERRIMACK.

Section
1. Annual salary of $600; repealing
clause.

Section
2. Takes effect on passage.

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

Section 1. That the salary of the deputy register of probate a^^ofseoo-
of the county of Merrimack shall hereafter be six hundred dollars repealing
per annum, payable as now provided by law ; and so much of sec-
tion 4, chapter 88, of the Laws of 1907 as is inconsistent with this
act is hereby repealed.

Sect. 2. This act shall take effect upon its passage. In^pLsSe^

[Approved March 17, 1911.]

CHAPTER 65.

AN ACT PROTECTING A CERTAIN VARIETY OF FISH.

Section
1. Horn-pout or bull-head 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 take, kill or have in his pos- Horn pout
session from any of the waters of this state any cat-fish, commonly p'"°*'®^^^
called horn pout or bull-head, between the fifteenth day of Jan-
uary and the first day of June, inclusive, of any year, he shall
be punished by a fine of five dollars ($5) for each fish so taken.

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

^ -^ " on passage.

[Approved March 22, 1911.]

Chapteks 66, 67.
CHAPTER 66.

[1911

AN ACT TO EEGULATE FISHING IN LAKE KATHERINE IN PIERMONT.

Section

1. Fish and game commissioners may

make regulations.

2. Publication of orders.

Section

3. Penalty for violations.

4. Takes effect on passage.

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

Commission- Section 1. Lake Katherine in the town of Piermont having
make reguia- been designated by the fish and game commissioners for fish cul-
tions. ^^j,g purposes, said commissioners are hereby authorized to make

such regulations as they deem advisable in respect to taking of
fish from said lake, such regulations to be made after hearing had
in said towTi and three weeks' notice of such hearing posted in two
public places in said town. Said commissioners shall also have
authority after hearing and like notice to modify or rescind such
regulations.

Sect. 2. In case of making regulations as provided in the
foregoing paragraph, or modifying or rescinding the same, the
commissioners shall publish their order in some newspaper printed
in the county of Grafton and cause a copy of such order to be
posted in two or more public places in said town of Piermont as
near said lake as may be at least one week before the order shall
be in force.

Sect. 3. Any person who shall ^'iolate the provisions of any
regulation made by the commissioners as provided by the preced-
ing sections shall be fined twenty dollars or be imprisoned sixty
days or both.

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

Publication
of orders.

Penalty.

Takes effect
on passage.

[Approved March 22, 1911.]

CHAPTEE 67.

AN ACT FOE THE BETTEE PROTECTION OF TROUT.

Section
1. Protection of blue heron removed.

Section
2. Takes effect on passage.

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

Protection Skction 1. Chapter 71 [791 of the Laws of 1901. as amended

removed. bv Laws of 1903, 190,"'), 1907 and 1909, is herebv amended bv strik-

1911] Chapter 68. 69

ing out the words ''blue heron," in section 43 of said chapter, so
that said section shall read as follows : Sect. 43. If any person
shall at any time catch, kill or destroy any American or bald eagle,
he shall be punished by a fine of twenty-five dollars ($25) for
each bird so killed, or be imprisoned three months, or both such
fine and imprisonment.

Sect. 2. This act shall take effect upon its passage. on^pLsfle*^

[Approved March 22, 1911.]

CHAPTEE 68.

AN ACT RELATIVE TO PROCEEDINGS AGxVINST AND THE LIQUIDATION
OF INSTITUTIONS UNDER THE SUPERVISION OF THE BANK COM-
MISSIONERt-5.

Section

1. Application of act defined.

2. Procedure if examination resisted

or unsafe metliods employed.

3. Resumption of business in such

case.

4. Procedure when assets reduced.

5. Authority of commissioners in

charge of business.

6. Additional powers of commission-

ers.

7. Employment of agents and ex-

perts.
8 Notice to claimants.
9. Lists of claims to be filed.
10. Compensation of agents, etc.

Section

11. Declaration of dividends; objections

to allowances.

12. Unclaimed dividends, report and

disposition of.

13. Duty of state treasurer as custo-

dian.

14. Appeal by institution.

15. Jurisdiction of superior court.

16. Deposits reduced, when.

17. Treatment of new deposits after re-

duction.

18. Distribution of proceeds.

19. Commissioner may act as receiver.

20. Repealing clause; act takes effect on

passage.

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

Section 1. This act shall apply to mutual savings banks. Application of
guaranty savings banks, state banks, trust companies, loan and
trust companies, loan and banking companies, co-operative banks,
building and loan associations, or any other corporations under the
supervision of the bank commissioners.

Sect. 2. If any institution to which the act applies shall re- Procedure if

n , .. ... n • , n> • T ,^ • ' examination

luse to permit an examination oi its alrairs by the commissioners, resisted or
or shall refuse to furnish the necessary facilities therefor, or .shall ods^em™^*^
violate its charter or any law of this state after having been noti- p'"^^'^-
fied in writing by the commissioners of such violation, or if at
any time it appears to the commissioners that its business is beine:
conducted in an unsafe or unauthorized manner, or that it is
necessary for the public safety that it should not continue to trans-
act business, the bank commissioners may represent the fact by
petition to some justice of the superior court, who may direct

70 Chapter 6S. [1911

the bank commissioners to take possession forthwith of the prop-
erty and business of such institution, and they may retain pos-
session thereof until the bank shall resume business or until its
affairs shall finally be liquidated as herein provided ; and upon
completing such liquidation the charter of such institution shall
be vacated.
Resumption Sect. 3. Such institutions may, with the consent of the bank

of business. . . . •■' '

commissioners, resume business upon such conditions as the bank
commissioners may approve.
Procedure Sect. 4. Whenever it appears to the bank commissioners that

reduced. the assets of any institution to which this act applies are reduced

in value below ninety per cent, of the amount due its depositors or
creditors, the bank commissioners shall represent the facts by peti-
tion to some justice of the superior court, who shall direct the bank
commissioners to take possession of the property and business of
such institution and retain possession thereof until the bank shall
resume business, or until its affairs shall finally be liquidated as
herein provided ; and upon completion of such liquidation the
charter of such institution shall be vacated.
Authority of Sect. 5. Upoii taking' possession of the property and business

commission- . . . ^ , . ^ ^ , . , . i i i • •

ers in charge, oi any institution to which this act applies, the bank commission-
ers shall have authority to collect moneys due the bank and to do
such other acts as are necessary to conserve its assets and business.
They shall collect all debts due and claims belonging to it, and
upon the order or decree of the superior court or any justice
thereof may sell or compound all bad or doubtful debts; and on
like order or decree may sell all or any part of the real and per-
sonal property of the institution on such terms as the court shall
direct. The bank commissioners shall make an inventory of the
assets of the institution in duplicate, — one to be filed in the office
of the bank commissioners, and one in the office of the clerk of
the superior court for the county in which the principal office of
the institution is located. They shall give notice of the fact that
they have taken possession of the property and business of the
institution to any and all banks, trust companies, associations and
individuals holding or having possession of any assets of such in-
stitution. 'No bank, trust company, association or individual
knowing that the bank commissioners have taken such possession.
or having been notified thereof as aforesaid, shall have a lien or
charge for any payment, advance or clearance thereafter made, or
liability thereafter incurred against any of the assets of the insti-
tution.

powers°^' Sect. 6. For the purpose of executing and performing the

powers and duties hereby conferred upon them, the bank com-
missioners may, in the name of any such institutioii, prosecute
and defend any and all suits and other legal proceedings, and may
in the name of the institution execute, acknowledge and deliver
any and all deeds, assignments, releases and other instruments

1911] Chapter 68. 71

necessary and proper to effectuate any sale of real or personal
property or any compromise authorized by the court as herein
provided ; and any deed or other instrument executed pursuant
to the authority hereby given, shall l)e valid and effectual for all
purposes to the same extent as though the same had been executed
by the officers of the institution by authority of its board of direct-
ors or trustees or of its stockholders.

Sect. 7. The bank commissioners may api)oint an agent ■ or Agents and
agents to assist them to perform such duties connected with the ^^^'^^ ^'
business of such institutions as they may deem proper, and may
procure such expert assistance and advice as may be considered
necessary, or may retain such of the officers or employees of such
institution as they may deem necessary; and the bank commis-
sioners shall require from such agents or assistants such security
for the faithful performance of their duty as they may deem
proper.

Sect. S. The bank commissioners shall cause to be published Notice to

. • T • 1 1 claimants.

weekly lor three consecutive months, m such newspapers as they
may direct, a notice calling on all persons who may have claims
against such institution to present the same to the commissioners
and to make legal proof thereof at a place and in a time not earlier
than the last day of publication, to be therein specified. The bank
commissioners shall mail a similar notice to all persons whose
names appear as creditors upon the books of the institution so
far as their addresses are known. If the bank commissioners
doubt the justice and validity of any claim, they may reject the
same and serve notice of such objection upon the claimant either
by mail or person. An affidavit of service of such notice, which
shall be prima facie evidence thereof, shall be filed with the bank
commissioners. An action upon the claim so rejected shall not be
entertained unless brought within six months after such service.
Claims presented after the expiration of the time specified in the
notice to creditors shall be entitled to share in the distribution
only to the extent of the assets in the hands of the bank commis-
sioners equitably applicable thereto.

Sect. 9. Upon the expiration of the time fixed for the pres- Lists of
entation of claims, the bank commissioners shall make in dupli- nied™^ ^° ^^
cate a full and complete list of the claims presented, including
and specifying such claims as have been rejected by them. One
of said lists shall be filed in the office of the bank commissioners,
and the other in the office of the clerk of the superior court in the
county in which the principal office of the institution is located.
Thereafter the bank commissioners shall make and file in said
offices, at least fifteen days before every application to the court
for leave to declare a dividend, a supplementary list of the claims
presented since the last preceding list was filed, including and
specifying such claims as have been rejected by them. and. in any
event, they shall make and file the said list at least once in every

Chapter 68.

[1911

Compensa-
tion oi
agents, etc.

Dividends;
objections to
allowances.

Unclaimed
dividends.

Duty of state
treasurer.

year after the filing of the original list, so long as they shall re-
main in the possession of the property and business of the institu-
tion. Said inventory and said list shall be open to inspection at
all reasonable times.

Sect. 10. The bank commissioners shall not receive any extra
compensation for their services. The compensation of any agent
or agents counsel, employees and assistants, and all expenses of
supervision and liquidation shall be fixed by the bank commis-
sioners, subject to the approval of the superior court for the
county in which the principal office of said institution is located,
and on notice to such institution, and upon the certificate of the
bank commissioners, shall be paid out of the funds of the institu-
tion in their hands.

Sect. 11. At any time after the expiration of the date fixed
for the presentation of claims, upon application of the bank com-
missioners, the superior court may authorize them to declare out
of the funds remaining in their hands, after payment of expenses,
one or more dividends ; such dividends to be paid to such persons,
in such amounts, and upon such notice as may be directed by the
court or any justice thereof. Objections to any claim not rejected
by the bank commissioners may be made by any person interested
by filing a copy of such objections with the bank commissioners,
who shall present the same to the superior court at the time of the
next application for permission to declare a dividend. The court
to which such application is made shall thereupon dispose of said
objections, or may refer them to a master for that purpose; and
should the objections to any claim be sustained by the court or by
the master, no dividend thereon shall be paid by the bank com-
missioners until the claimant shall have established his claim by
the judgment of a court of competent jurisdiction.

Sect. 12. At the expiration of one year from the final decree
distributing the assets of an insolvent institution, the bank com-
missioners shall make report to the court, or some justice thereof,
of the names and residences, if known, of all persons entitled to
unclaimed dividends and of the amount of all such dividends.
The court or justice shall thereupon order the same to be paid
into the state treasury and a copy of the report to be delivered
to the state treasurer. The receipt of the state treasurer shall be
a full discharge of the bank commissioners for such dividends.

Sect. 13. The state treasurer shall keep in a book provided
for that purpose a record of all such dividends, with the names of
the persons to whom they belong, and their residences, so far as
known. He shall pay the dividends, less one per cent, for his
services, to the persons to whom they belong, or to their legal rep-
resentatives, whenever called for, without interest. All dividends
heretofore or hereafter paid into the state treasury that are not
claimed within fifteen years after such payment shall escheat to
the state.

1911] Chapter 68. 73

Sect. 14. Whenever any institution of whose property and AStid'Z
business the bank eoniniissioners have taken possession as afore-
said deems itself aggrieved thereby, it may at any time within
ten days after such taking possession apply to the superior court
for the" county in which the principal office of the institution is
located, to enjoin further proceedings; and said court, after citing
the bank commissioners to show cause why further proceedings
should not be enjoined, and after hearing the allegations and proofs
of the parties and determining the facts, may, upon the merits,
dismiss such application or may enjoin the bank commissioners
from further proceedings and direct them to surrender the said
business and property to the institution.

Sect. 15. The superior court, or any justice thereof, shall orsSerlo?
have jurisdiction in equity to enforce the provisions of this act court,
and to act upon all applications and in all proceedings thereunder.

Sect. 16. Whenever it appears to the bank commissioners ad- d^uc^eT^'when.
visable, or upon the petition of the trustees or directors of the
institution, they may in connection with a justice of the superior
court reduce the deposit account of each depositor therein, when-
ever the value of its assets is less than the total amount of its
deposits, so it will divide the loss equitably among the depositors.
If the bank shall realize from the assets a greater sum than was
fixed upon by the judge and bank commissioners, they shall order
such excess to be equitably divided among the depositors whose
accounts have been reduced, but to the extent of such reduction
only.

Sect. lY. If any institution whose deposit accounts have been ^ew ''(deposit s^
reduced under the provisions of this act shall afterward receive a«er reduc-
new deposits, it shall keep its accounts and in all respects conduct
its business relating to such new deposits as if it were a separate
institution, distinct from the one in which the old deposits were
made ; and if proceedings shall be commenced against such in-
stitution to wind up its affairs, the court may make the same ap-
plicable to either or both parts of such business ; but notice of such
proceedings shall be given by publication in one or more news-
papers published in the county where the institution is located.

Sect. 18. The proceeds of the property of an insolvent insti- Distribution
tution shall be distributed according to the decree of the court:
i. To pay the expense of the liquidation, ii. To pay all bills
issued by the bank pro rata. iii. For the payment in equal pro-
portion of all debts, claims and obligations owing by the institu-
tion, iv. The remainder to be divided among the stockholders
according to their interests.

Sect. 19. The bank commissioners may designate one of their ^^^^y^^^x'
number to take charge of the property of an institution, who shall as receiver.
give bond to the county in such fonn and in such sum as the court
or justice shall approve. The cost of such bond shall be consid- -
ered a proper charge against the assets of the institution. The

Chapters 69, 70.

[lyil

Repealing
clause; act
takes effect
on passage.

bank commissioners shall incorporate in their annnal report a
statement showing the condition of any institution in their pos-
session.

Sect. 20. Sections 12 to 25 inclusive, chapter 162, and sec-
tions 26 to 29 inclusive, chapter 165, Public Statutes, and all
other acts or parts of acts inconsistent with this act are hereby
repealed. This act shall take effect upon its passage.

[Approved March 22, 1911.]

CHAPTEE 69.

AN ACT FOE THE BETTEK PROTECTION OF CERTAIN BIRDS.

Section
1. Killing prohibited until October 1,
1917; penalty.

Sectiom
2. Takes effect on passage.

Killing pro-
hibited; pen-
alty.

Takes effect
on passage.

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

Section 1. No person shall take, kill or have in possession
until October 1, 1917, any wood or summer duck, any killdeer
plover, or any Bartramian sandpiper, commonly called upland
plover, under a penalty of five dollars for each bird so taken, killed,
or had in possession.

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

[Approved March 22, 1911.]

CHAPTEE 70.

AN ACT IN RELATION TO PANDERING;, TO DEFINE AND PROHIBIT THE
SAME AND TO PROVIDE FOR THE PUNISHMENT THEREOF.

Section

I Section

1. Procurement for purpose of prosti-

tution prohibited; penalty.

2. Offence punishable, though par-

tially committed in another state. I

3. -Victim of procurement competent

witness.

4. Marriage not defence.

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

Procurement SECTION 1. Auv person who shall procure a female inmate

prohibited; •; i . i i • i • i

penalty. for a liouse of prostitution, or who, by promises, threats, violence,

or by any device or scheme, shall cause, induce, persuade, or en-

1911] Chapter 70. 75

coiiriige a female i^ersoii to l)ecome an inmate of a house of prosti-
tution ; or shall procure a place as inmate in a house of prostitu-
tion for a female person ; or any person who shall, by promises,
threats, violence, or by any device or scheme, cause, induce, per-
suade or encourage an inmate of a house of prostitution to remain
therein as such inmate; or any person who shall, by fraud or
artifice, or by duress of person or goods, or by abuse of any posi-
tion of confidence or authority, procure any female person to be-
come an inmate of a house of ill fame, or to enter any place in
which prostitution is encouraged or allowed within this state, or
to come into this state or leave this state for the purpose of prosti-
tution, or shall receive or give or agree to receive or give any
money or thing of value for procuring or attempting to procure
any female person to become an inmate of a house of ill fame
within this state, or to come into this state or leave this state for
the purpose of prostitution, shall be guilty of pandering, and upon
a first conviction for an ofi^ense under this act shall be punished
by imprisonment in the county jail or house of correction for a
period of not less than six months nor more than one year, and by
a fine of not less than three hundred dollars and not to exceed
one thousand dollars, and upon conviction for any subsequent
oifense under this act shall be punished by imprisonment in the
state prison for a period of not less than one year nor more than
ten years.

Sect. 2. It shall not be a defense to a prosecution for any of Punishable,
the acts prohibited in the foregoing section that any part of such tiaiiy com-
act or acts shall have been committed outside this state, and the where,
offense shall in such case be deemed and alleged to have been com-
mitted and the offender tried and punished in any county in Avhich
the prostitution was intended to be practiced, or in which the
offense was consummated, or any overt acts in furtherance of the
offense should have been committed.

Sect. 3. Any such female person, referred to in the foregoing victim a
sections, shall be competent witness in any prosecution under this witness.
act, to testify for or against the accused as to any transaction or
as to any conversation with the accused or by him with another
person or persons in her presence, notwithstanding her having
married the accused before or after the violation of any of the
provisions of this act whether called as a witness during the exist-
ence of the marriage or after its dissolution.

Sect. 4. The act or state of marriage shall not be a defense ^^/J^^l^ °°^
to any violation of this act.

[Approved March 24, 1911.]

Chapter 71.

[1911

CHAPTER 71.

AN ACT IN AMENDMENT OF^ AND IN ADDITION TO^ CHAPTEE 127 OF
THE PUBLIC STATUTES AS AMENDED IN 1901, 1903 AND 1909,
EELATING TO THE SALE OF DAIEY PEODUCTS AND BUTTEE SUB-
STITUTES.

Section 1. Penalty for selling impure or adulterated milk or cream; sale of
renovated butter regulated.

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

Penalty for
selling im-
pure or
adulterated
milk or
cream; sale
of renovated
butter regu-
lated.

Section 1. Chapter 127 of the Public Statutes is hereby
amended by striking out the whole of sections 17 and 18 and sub-
stituting therefor the following: Sect. 17. If any person shall
adulterate milk, skim-milk or cream with water or otherwise to
be sold, or shall sell or offer for sale, or have in possession with
intent to sell, any adulterated or unwholesome milk, skim-milk
or cream, containing any coloring matter or preservative, or any
milk produced from sick or diseased cows, or cows fed upon any
substance which may be deleterious to the quality of milk, skim-
milk or cream, or shall sell or offer for sale, or have in possession
wnth intent to sell as milk, any milk from which the cream or a
part thereof has been removed, he shall be fined not less than
twenty-five nor more than two hundred dollars, or imprisoned not
more than sixty days, or both. If upon analysis any milk shall
be found to contain less than twelve percent of milk solids, or in
the case of skim-milk, less than eight and one half percent of milk
solids exclusive of fat, or in the case of cream, less than eighteen
percent of butterfat, or in the cases of butter and renovated butter,
less than eighty percent of butterfat or more than sixteen percent
of water, such products shall not be deemed as of standard quality ;
and the sale, offering for sale or having in possession with intent
to sell, by any person, firm or corporation, of milk, skim-milk,
cream, butter or renovated butter which fails to conform to the
requirements herein specified shall be punished by a fine of ten
dollars.

Sect. 18. Whoever shall sell any article or compound com-
monly known as renovated butter, or process butter, in quantity
less than the original unbroken package as duly labeled in accord-
ance with the regulations of the United States Internal Revenue
Department, shall stamp upon the outside of such broken or retail
package as delivered to the purchaser the words : RE^sTOYATED
BUTTER in letters not less than three eighths square, of plain,
uncondensed Gothic caps. No renovated or process butter shall
be exposed for sale in other than the original package in which it
was received and which bears the labeling as required by the
United States commissioner of internal revenue. Whoever violates

1911]

Chapter 72.

any of the provisions of this section shall l)e punished by a fine
of ten (lolhirs for each offense; and it shall ])e the duty of the state
board of health, its ai;'ents, and the health officers or milk inspect-
ors of cities and towns, whenever they may have evidence of the
violation of any of the provisions of this chapter, or of those of
chapter 115, Laws of 1895, relating to oleomargarine, to file the
necessary information with the proper chief of police or the
county solicitor, and it shall be the duty of such chief of police
and county solicitor to prosecute offenders under these acts to
final judgment and sentence.

[Approved March 24, 1911.]

CHAPTEE 72.

AN ACT KELATING TO THE TEKMS OF THE SUPERIOR COURT IN AND
FOR TPIE COUNTY OF GRAFTON.

Section

1. Prior act repealed.

2. Judicial districts created.

3. Eastern judicial district.

4. Western judicial district.

5. Southern judicial district.

6. Trial terms, when and where held.

Section

7. Terms under act, when to begin.

8. Grand and petit jury attendance.

9. Pending actions, how prosecuted.
10. Repealing clause; act takes effect

July 1, 1911.

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

Section 1. That chapter 121 of the session Laws of 1909 is fg'J°^,ed'''
hereby repealed.

Sect. 2. The county of Grafton is divided into three judicial /"j^'g^^^ A'|^
districts, to be known by the names of the Eastern, Western, and
Southern judicial districts of the county of Grafton.

Sect. 3. The towns of Alexandria, Ashland, Bridgewater, Eastern dis-

trict.

Bristol, Campton, Dorchester, Ellsworth, Groton, Hebron, Holder-
ness, Lincoln, Livermore, Plymouth, Rumney, Thornton, Water-
ville, Wentworth, Woodstock, and all other lands in said county
not included in the Western and Southern districts constitute the
Eastern judicial district.

Sect. 4. The towns of Bath, Benton, Bethlehem, Easton, western dis-

. . trict.

Franconia, Haverhill, Landaff, Lisbon, Littleton, Lyman, Monroe,
Orford, Piermont, and Warren, constitute the Western judicial
district.

Sect. 5. The towns of Canaan, Enfield, Grafton^ Hanover, Southern dis-
Lebanon, Lyme, and Orange, constitute the Southern judicial dis-
trict.

trict.

Chaptek 73.

[1911

Trial terms.

Terms, when
to begin.

Grand and
petit juries.

Pending ac-
tions.

Repealing
clause; act
takes effect
July 1, 1911.

Sect. 6. The terms of the superior court shall be holden an-
nually as follows : For the Eastern district of the county of Graf-
ton at Pljnnouth on the second Tuesday of May and the second
Tuesday of November. For the Western district of the county of
Grafton at Haverhill on the third Tuesday of March and the third
Tuesday of September. For the Southern district of the county
of Grafton at Lebanon on the third Tuesday of April and the
third Tuesday of October.

Sect. 7. The terms of court to be holden under this act shall
begin with the term to be holden at Haverhill on the third Tues-
day of September 1911 and all actions and processes then pend-
ing or thereafter brought shall be as of the terms held in each
judicial district respectively as provided in this act.

Sect. 8. A grand jury shall be drawn and returned for the
April term at Lebanon, the September term at Haverhill, and the
November term at Plymouth. Petit jurors shall be drawn and
returned for each term held in said county, but no petit jurors
shall be summoned to attend before Tuesday of the second week
of each term.

Sect. 9. All actions, petitions, appeals, and prosecutions in
civil cases shall be commenced, entered, and prosecuted in the
superior court for said districts the same as if each of said dis-
tricts was a distinct county.

Sect. 10. All acts and parts of acts inconsistent with the
provisions of this act are hereby repealed and this act shall take
effect on the first day of July, 1911.

[Approved March 24, 1911.]

CHAPTEK 73.

AN" ACT TO PROVIDE FOE THE ASSESSMENT AND COL"LECTION OF A
STATE TAX FOR THE YEAR 1911.

Section

1. State tax of $700,000.

2. Repealing clause.

Section
3. Takes effect on passage.

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

state tax of

$700,000.

Section 1. The sum of seven hundred thousand dollars shall
be raised for the use of the state for the year 1911, 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

1911]

Chapter 74.

in 1907; and the selectmen of such towns and places and the as-
sessors of such cities are hereby directed to assess the sums speci-
fied in said warrants and cause the same to be paid to said treas-
urer on or before the first day of December, 1911, 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 147 of the Laws of ^,1^^^^°^
1909, entitled "An Act to Provide for the Assessment and Collec-
tion of an Annual State Tax for the Term of Two Years," which
are inconsistent with this act are hereby repealed.

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

Takes effect
on passage.

[Approved March 24, 1911.]

CHAPTEK 74.

AN ACT IN AMENDMENT OF SECTION 4 OF CHAPTER 55 OF THE
PUBLIC STATUTES ENTITLED '^PERSONS AND PROPERTY LIABLE
TO TAXATION.""

Section
1. Mines or ores owned independently,
how taxed.

Section
2. Takes effect on passage.

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

Section 1. Section 4 of chapter 55 of the Public Statutes is Mines or

OrSS OWDGQ

hereby amended by adding the following at the end of said section : independ-
Except when such mines or ores, or rights therein, are owned by taxed,
some person other than the one to whom such real estate is taxed,
in which case they shall be taxed as real estate to such other per-
son, so that said section, as amended, shall read as follows: Sect.
4. Real estate shall be taxed independently of any mines or ores
contained therein until such mines or ores shall become a source
of profit; except when such mines or ores, or rights therein, are
OAvned by some person other than the one to whom such real estate
is taxed, in which case they shall be taxed as real estate to such
other person.

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

Takes effect
on passage.

[Approved March 24, 1911.]

Chapters 75, 76.

[1911

CHAPTEE 75.

AN ACT TO REQUIRE THE USE OF UNDER-WATER EXHAUSTS OR MUF-
FLERS ON CERTAIN MOTOR BOATS.

Use of muf-
flers required,

Penalty.

Takes effect
on passage.

Section

1. Use of mufflers required.

2. Penalty for violation.

Section
3. Takes effect on passage.

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

Section 1. Tt shall be unlawful to use on any fresh water
lake, pond or river, or on any water except tide or salt water,
within the boundaries of this state, a boat propelled, in whole or
in part, by gas, gasoline or naphtha, unless the same is provided
with an under-water exhaust or a muffler, so constructed and used
as to muffle in a reasonable manner the noise of the explosion.

Sect. 2. Any person who operates a boat in violation of the
provisions of the preceding section shall be punished by a fine of
not more than twenty-five dollars.

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

[Approved March 24, 1911.]

CHAPTER 76.

AN ACT REPEALING SECTION 22 OF CHAPTER 287 OF THE PUBLIC
STATUTES, RELATING TO FEES AND COSTS.

Section
1. Jury fee abolished.

Section
2. Takes effect on passage.

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

Jury fee
abolished.

Takes effect
on passage.

Section 1. Section 22 of chapter 287 of the Public Statutes
is hereby repealed.

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

[Approved March 24, 1911.]

1911] Chapters 77, 78. 8t

CHAPTEE 77.

AN ACT TO AMEND CHAPTER 78, SESSION LAWS OF 1897, AS
AMENDED BY SESSION LAWS OF 1905, IN REFERENCE TO THE
PRINTING OF BALLOTS.

Section
1. Instructions on ballots; certificate of
assistance.

Section
2. Takes effect on passage.

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

Section 1. Section 10 of said act is hereby amended by add- on^banots'-^
ins- thereto the following: At the top of all ballots used in biennial certificate 'of

O 1 a,SSlSt3DCG,

elections there shall be printed in medinm-sized type the follow-
ing: INSTRUCTION'S TO VOTERS. To vote for a straight
ticket : Make a cross within the circle of the party of your choice
at the top of this ballot. To vote for any candidate not a member
of the party of your choice : First make a cross within the circle
of the party of your choice, then make a cross in the square at the
right of the candidate's name for whom you wish to vote and cross
out the name of the opposing candidate in the party column
where you have placed a cross within the circle. In a suitable
place upon the back of all regular ballots used at biennial elec-
tions shall be printed the following certificate which shall be
signed by the election officer assisting any voter in marking his
ballot: I certify upon honor that I have assisted the voter in

marking this ballot by his request. (Signed) ,

election officer.

Sect. 2. This act shall take efi'ect upon its passage. In^pLsage.'

[Approved March 28, 1911.]

CHAPTER 78.

AN ACT RELATIVE TO CASH PAY^MExYT OF WAGES.

Section

1. Wages to be paid in cash.

2. Checks may be used.

Section
3. Takes effect on passage.

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

Section 1. Weekly payment of wages by every manufactur- wages to be
ing, mining, quarrying, stone-cutting, mercantile, railroad, tele- ^^^^ '° '^^^^'
graph, telephone, express, aqueduct, and municipal corporation as

Chapter 79.

[1911

Payment by
check per-
mitted.

Takes effect
on passage.

contemplated by section 21, chapter 180 of the Public Statutes,
as the same was amended by chapter 134 of the session Laws of
1909, shall be made in cash, and no employee shall be compelled
by his employer to accept any goods or merchandise in payment
of wages.

Sect. 2. N'othing in the preceding section shall be held to
invalidate or prevent pajTnent of wages by check or checks where-
ever such form of payment is acceptable to the employee to whom
pajTiient is made.

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

[Approved March 28, 1911.]

CHAPTEK 79.

AN ACT RELATING TO THE NAMING^ MAKKING AND PRESERVING
BOUNDARIES OF STREETS.

Streets to be
named and
marked;
change ot
name.

Corners and
angles to be
marked.

Resurvey if
bounds lost.

Section

1. streets to be named and marked;

change of name, how made.

2. Corners and angles to be marked.

Section

3. Resurvey if bounds lost.

4. In force where adopted.

5. Repealing clause.

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

Section 1. In all towns, every street shall have a name which
shall be given it by the selectmen of the town in which any street
is located. Said name shall be legibly marked on a suitable sign-
board or other marker and placed in at least two conspicuous places
on said street. The selectmen of each town shall be, and are
hereby, authorized to change the name of any such street at any
time when in their judgment there is occasion for so doing. When
a change is made in the name of any street, by the selectmen, it
shall be their duty to make a return of the same to the town clerk
of said to^vn, who shall make a record of the same in the proper
book or books of the town.

Sect. 2. The corners and angles of all streets shall be marked
by a durable marker of stone, metal, or other material of such size
and construction that it can be readily found.

Sect. 3. All streets affected by this act, the bounds of which
have been lost, shall be re-surveyed that the provisions of said act
may be carried out. Principal streets which have curbings and
corners of stone or other similar material, or permanent, durable
sidewalks on both sides thereof, shall not be subject to the provi-
sions of this section, but all streets hereafter laid out shall be
constructed in accordance therewith, and the naming of such street
shall form a part of the return of said lay-out.

1911] Chapter 80. 83

Sect. 4. This act shall be in force in such towns (not cities) ^hera*^*
only as shall, at any regular meeting by a majority vote, adopt the adopted,
same.

Sect. 5. All acts and parts of acts inconsistent with this act ^iau^se!'°^
are hereby repealed.

[Approved March 28, 1911.]

CHAPTER 80.

AN ACT IN AMENDMENT OF SECTION 1 OF CHAPTER 29 OF THE
PUBLIC STATUTES^ EELATING TO THE DUTIES OF REGISTERS OF
DEEDS.

Section I Section

1. To cause books to be suitably re- 2. Takes effect on passage,

paired. |

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

Section 1. Section 1 of chapter 29 of the Public Statutes is bo^o^kl^pro-
herebv amended by inserting after the word ''evidence" in the '^'•J^d for.
third line of said section the words or when the same may be re-
moved for the purposes of repair, and by adding to said section
the following new sentence : Whenever any of the volumes of
records in his office shall be in need of repair he shall seasonably
cause them to be suitably repaired at the expense of the county,
and, if necessary he may allow such volumes to be taken ont of
his office for a reasonable time for that purpose, so that said sec-
tion as amended shall read as follows : Section 1. The register
of deeds shall carefully keep in the office provided by the county,
at all times, except when he may be required by a court to produce
them as evidence or when the same may be removed for the pur-
poses of repair, all books, records, files, and papers belonging
thereto, and when not in use shall keep them in the safe ; and he
shall permit no paper there deposited for record to lie taken from
his office before it is recorded. Whenever any of the volumes of
records in his office shall be in need of repair he shall seasonably
cause them to be suitably repaired at the expense of the county,
and, if necessary, he may allow such volumes to be taken out of his
office for a reasonable time for that purpose.

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

'-' on passage.

[Approved March 28, 1911.]

Chapters 81, 82.
CHAPTEE 81.

[1911

AN ACT TO AMEND CHAPTEE 23, SECTION 1 OF THE LAWS OF 1897,
IN KEFEKENCE TO APPROPRIATIONS BY TOWNS FOE FREE BAND
CONCEETS.

May appro-
priate $800
annually.

Takes effect
on passage.

Section
1. May appropriate

annually.

Section
2. Takes effect on passage.

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

Section 1. The words "four hundred" in the third line of
section 1 chapter 23 of the Laws of 1897 shall be stricken out and
the words eight hundred inserted in the place thereof, so that said-
section shall read as follows : Towns may at any legal meeting
grant and vote such sum of money as they shall judge necessary in
aid of free public band concerts, not exceeding eight hundred dol-
lars annually, in accordance with the provisions of section 4, chap-
ter 40, of the Public Statutes.

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

[Approved March 28, 1911.]

CHAPTEE 82.

AN ACT IN AMENDMENT OF SECTION 16, CHAPTER 56, OF THE PUB-
LIC STATUTES^ AS AMENDED BY AN ACT APPROVED MARCH 15,
1911, RELATIVE TO THE TAXATION OF LOGS, LUMBER AND THE
LIKE.

Wood, lum-
ber, etc.,
when taxed
as stock in
trade.

Section
1. Wood, lumber, etc., when taxed as
stock in trade.

;ection
'2. Repealing clause; act takes effect on
passage.

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

Section 1. Section 16, chapter 56, of the Public Statutes, as
amended by an act amendatory thereof passed at the present ses-
.sion of the General Court and approved March 15, 1911, is hereby/
further amended by striking out the words ''at its full value," in
the third line thereof, and by adding at the end thereof the fol-
lowing new sentence : Such property shall be taxed as stock in
trade, at the average value thereof in such town for the year, when
owned by a manufacturer or dealer who has customarily main-
tained a stock of such property in that town during the year pre-

1911] Chapter 82. 85

ceding said first day of April, and shall be taxed at its full value
on that date in other cases ; and in determining the average value
of a manufacturer's or dealer's stock in one town, any wood, bark,
timber, logs or lumber owned by him in such town in the course
of the year, but situated and taxable in some other town on the
first day of April, shall be excluded, so that said section, as
amended, shall read as follows: Wood, bark, timber, logs, and
lumber, manufactured or unmanufactured, whether constituting
stock in trade or otherwise, exceeding fifty dollars in value, shall
be taxed in the town where it is on the first day of April, to the
owner, if he then resides in such town, otherwise to the owner or
person having it in his care or custody on that day; and any per-
son or corporation permitting such property to be deposited on
their premises shall be deemed to have the same in their care or
custody, and shall have a lien on the same for the payment of said
taxes ; and when any wood, bark, logs, or lumber, liable to be taxed,
shall be owned by a person residing out of the town where the
same is situated on the first day of April, and is not in the custody
of any person residing in such town, the same shall be taxed to
the owner thereof ; and said town shall have a lien thereon for the
payment of the taxes. Such property shall be taxed as stock in
trade, at the average value thereof in such town for the year, when
owned by a manufacturer or dealer who has customarily main-
tained a stock of such property in that town during the year pre-
ceding said first day of April, and shall be taxed at its full value
on that date in other cases ; and in determining the average value
of a manufacturer's or dealer's stock in one town, any wood, bark,
timber, logs or lumber owned by him in such town in the course
of the year, but situated and taxable in some other town on the
first day of April, shall be excluded.

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

on passage.

[Approved March 29, 1911.]

Chapters 83, 84.

[1911

CHAPTEE 83.

AN ACT IX AMENDMENT OF SUBDIVISION 5 OF SECTION 7 OF CHAP-
TER 55 OF THE PUBLIC STATUTES OF NEW HAMPSHIRE,, RELAT-
ING TO THE TAXATION OF MONEY ON HAND OR AT INTEREST.

Section 1. Loan on New Hampshire realty at five per cent or less not taxable.

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

HampsMre^^^ Section 1. Aiiieiid Subdivision 5 of section 7 of chapter 55
ptr"c^enf 0?^^ ^^ *^^ Public Statutes of ]^ew Hampshire by adding thereto the
less not tax- words, biit excejiting money loaned at a rate of interest not ex-
ceeding "five per cent per annum secured by a note and mortgage
on real estate situate in this state, so that said subdivision 5, as
amended, shall read as follows : (5) Money on hand or at interest
more than the owner pays interest for, including money deposited
in any bank other than a savings bank within this state, or loaned
on any mortgage, pledge, obligation, note or other security, whether
on interest or interest be paid or received in advance, but except-
ing money loaned at a rate of interest not exceeding five per cent
per annum secured by a note and mortgage on real estate situate in
this state.

[Approved March 29, 1911.]

CHAPTEE 84.

AN ACT RELATING TO THE ELECTION OF REPRESENTATIVES TO THE

GENERAL COURT.

Section

1. Apportionment of representatives.

2. In towns of less than 600 popula-

tion.

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

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

Apportion- Section 1. Until another general census of the state is taken

EQCDt of rep- ^ ^

resentatives. and officially promulgated, the following named towns and wards

may send representatives to the general court under the authority

titled to one of the Constitution as follows : One representative each from Alton,

tfve^each^" Barustead, Belmont, Gilford, Gilmanton, Laconia, ward l.Laconia,

ward 3, Meredith, Xew Hampton, Sanbornton, Bartlett, ^loulton-

1911] Chapter 84. 87

borough, Ossipee, Sandwich, Tamworth, Tuftonboro, Wakefield,
Alstead, Chesterfield, Fitzwilliam, ITarrisville, Hinsdale, Keene,
ward 4, Keene, ward 5, ]\Iarll)oronah, Rindge, Swanzey, Troy.
Westmoreland, Columbia, Jefferson, ]\Iilan, Pittsburg, Stewarts-
town, Stratford, Whitefield, Ashland, Bath, Bethlehem, Bristol,
Campton, Canaan, Enfield, Grafton, Holderness, Lincoln, Lyme,
Orford, Rumney, Warren, Woodstock, Amherst, Antrim, Bedford,
Bennington, Francestown, Greenville, Hancock, Hollis, Hudson,
Lyndeborough, Merrimack, Nashua, ward 4, i^ashua, ward 6, New
Boston, New Ipswich, Pelham, Weare, Wilton, Allenstown, An-
dover, Boscawen, Bow, Bradford, Canterbury, Chichester, Con-
cord, ward 2, Concord, ward 3, Concord, ward 8, Epsom, Frank-
lin, ward 1, Henniker, Hooksett, Hopkinton, Loudon, New Lon-
don, Northfield, Sutton, Warner, Wilmot, Auburn, Brentwood,
Candia, Chester, Deerfield, Epping, Fremont, Hampstead, Hamp-
ton, Kingston, Londonderry, Newcastle, Newton, North Hamp-
ton, Northwood, Nottingham, Plaistow, Portsmouth, ward 4,
Portsmouth, ward 5, Raymond, Rye, Seabrook, Stratham, Wind-
ham, Barrington, Dover, ward 5, Durham, Milton, Rochester,
ward 1, Rochester, ward 2, Rochester, ward 3, Rochester, ward 5,
Somersworth, Avard 1, Somersworth, ward 2, Somersworth, ward

3, Somersworth, ward 5, Straiford, Charlestown, Cornish, Plain-
field, Sunapee. -"

Two representatives each from Laconia, ward 2, Laconia, ward two represen-

4, Laconia, ward 5, Laconia, ward 6, Tilton, Wolfeboro, Jaffrey, *^*''^^^ ^^'^^•
Keene, ward 1, Keene, ward 2, Keene, ward 3, Walpole, Win-
chester, Colebrook, Gorham, Northumberland, Hanover, Lisbon,
Plymouth, GoffstoA^m, Hillsborough, Manchester, ward T, Nashua,

ward 1, Nashua, ward 2, Nashua, ward 5, Peterborough, Concord,
ward 1, Concord, ward 5, Concord, ward 9, Franklin, ward 2,
Franklin, ward 3, Pittsfield, Portsmouth, ward 1, Portsmouth,
ward 3, Salem, Dover, ward 1, Dover, ward 3, Farmington, Roch-
ester, ward 4, Rochester, ward 6, Rollinsford, Somersworth.
ward 4.

Three representatives each from Conway, Berlin, ward 1, Ber- Three repre-
lin, ward 3, Lancaster, Haverhill, Littleton, Manchester, ward l.llchV ^^
Milford, Nashua, ward 3, Nashua, ward 7, Nashua, ward 8, Con-
cord, Avard 4, Concord, ward 6, Concord, ward 7, Pembroke, New-
market, Portsmouth, ward 2, Dover, ward 2, Dover, ward 4, New-
port.

Four representatives each from Berlin, ward 2, Nashua, ward Four repre-

f\ T\ -T7 M^ sentatives

9, Derry, Exeter. each.

Five representatives from Lebanon. Five repre-

Six representatives each from Manchester, ward 2, Manchester, gj,; repre-

ward 4, Manchester, ward 6, Manchester, ward 8, Manchester, llcif*^^^^

ward 10, Claremont.

Seven representatives from Manchester, ward 3. senmwes.^^'

Eight representatives from Manchester, ward 5. fintatives'^^'

88 Chaptek 84. [1911

I'eiiTatfvl's'!^' ^ine representatives from Manchester, ward 9.

In towns of Sect. 2. The following named towns, not having six hundred

popuiitt^n. inhabitants according to the census of 1910, and having a right

under the constitution to elect a representative such proportional
part of the time as the number of their inhabitants, according to
said census, bears to six hundred, may elect one representative in

each of the years set opposite their names in the following list :

Effingham 1912 1914 1916 1918 1920

Freedom 1912 1914 1916 1918 1920

Dublin 1912 1914 1916 1918 1920

Carroll 1912 1914 1916 1918 1920

Alexandria 1912 1914 1916 1918 1920

Piermont 1912 1914 1916 1918 1920

Thornton 1912 1914 1916 1918 1920

Wentworth 1912 1914 1916 1918 1920

Greenfield 1912 1914 1916 1918 1920

Danbury 1912 1914 1916 1918 1920

Hill..". 1912 1914 1916 1918 1920

Greenland 1912 1914 1916 1918 1920

Hampton Falls 1912 1914 1916 1918 1920

Center Harbor 1914 1916 1918 1920

Jackson 1912 1916 1918 1920

Madison 1912 1914 1916 1918

Gilsum 1914 1916 1918 1920

Marlow 1912 1914 1916 1918

Dalton 1912 1916 1918 1920

Stark 1912 1914 1916 1920

Franconia 1912 1916 1918 1920

Landaff 1912 1914 1918 1920

Monroe 1912 1914 1918 1920

Brookline 1912 1914 1916 1920

Dunbarton 1912 1914 1916 1920

Salisbury 1912 1914 1916 1920

Webster*^ 1912 1914 1916 1918

Atkinson 1914 1916 1918 1920

Danville 1912 1914 1918 1920

Xewfields 1912 1914 1918 1920

Lee 1914 1916 1918 1920

Xew Durham 1912 1914 1918 1920

Acworth 1912 1916 1918 1920

Springfield 1912 1914 1916 1920

Unity 1912 1914 1916 1918

Eaton 1912 1916 1920

Richmond 1912 1916 1920

Shelburne 1912 1916 1920

Groton 1912 1916 1920

Lvman 1912 1916 1920

Deering 1912 1916 1920

1911] Chapter 84. 89

Mason 1912 1916 1920

Mont Vernon 1912 1916 1920

Xewbury 1912 1916 1920

East Kingston 1912 1916 1920

Kensington 1912 1916 1920

Sandown 1912 1916 1920

Madbury 1912 1916 1920

Crovdon 1912 1916 1920

Goshen 1912 1916 1920

Langdon 1912 1916 1920

Lempster 1912 1916 1920

Washington 1912 1916 1920

Albany 1914 1918

Brookfield 1914 1918

Chatham 1914 1918

Nelson 1914 1918

Stoddard 1914 1918

Siilliyan 1914 1918

Snrry 1914 1918

Clarksyille 1914 1918

Dumraer 1914 1918

Errol 1914 1918

Benton 1914 1918

Bridgewater 1914 1918

Dorchester 1914 1918

Easton 1914 1918

Hebron 1914 1918

Litchfield 1914 1918

Temple 1914 1918

Xewington 1914 1918

South Hampton 1914 1918

Middleton 1914 1918

Grantham 1914 1918

Hart's Location 1920

Roxbury 1914

Randolph 1916

Wentworth's Location. . . 1918

Ells\vorth 1914

Liyermore 1920

Orange 1916

Wateryille 1912

Sharon 1912

Windsor 1918

Sect. 3. All acts and parts of acts inconsistent with this act clause; act

are hereby repealed, and this act shall take effect upon its pas- on^p^ssage!
sage.

[Approved March 30, 1911.]

Chapters 85, 86.
CHAPTER 85.

[1911

AN ACT IN AMENDMENT OF CilAPTEE i OF THE PUBLIC STATUTES
ENTITLED "tIIE STATE HOUSE AND YARD."'

SectioU
1. Superintendent of state house and
yard, appointment and salary of;
employment of assistants.

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

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

enrof^state Section 1. That sGctioii 1 aiid section 2 of chapter 7 of the
^°^^^ a'^-^ Public Statutes be and the same hereby are repealed and the fol-
point'ment and lo^ving scctions be inserted in place thereof: Section 1. The
sistants. ' govemor with the advice of the council shall appoint a superintend-
ent of the state house and state house yard who shall hold office for
the term of two years and until his successor is appointed, subject
to removal at any time by the governor with the advice of the coun-
cil. The superintendent shall receive an annual salary not to
exceed one thousand dollars. Sect. 2. The superintendent un-
der the direction of the governor and council shall appoint as many
employees to assist him as he may from time to time require, and
fix their compensation which, in the whole, shall not exceed the
annual appropriations provided therefor by the legislature.

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

Repealing
clause; act
takes effect
oa passage.

[Approved March 30, 1911.]

CHAPTER 86.

AN ACT RELATIVE TO THE APPOINTMENT AND JURISDICTION OF

TRIAL JUSTICES.

Section

1. To be appointed by governor.

2. Jurisdiction of justices.

3. Civil writs not returnable to other

justices in town.

Section

4. If trial justice disqualified.

5. Constables may serve writs, etc.

6. Repealing clause; act takes effect

on passage.

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

Governor to Section 1. Upon petition of twenty-five per cent, of the legal

petition. voters of any town in which there is no police court the governor

may, with advice of the council, appoint and commission a suit-

1911] Chapter 87. 91

able person to act as trial justice, who shall qualify as a justice
of the peace before acting as such trial justice, and who shall hold
office until the expiration of his commission as justice of the peace
or until the establishment of a police court in his town.

Sect. 2. Trial justices shall have the same jurisdiction that Jurisdiction,
justices of the peace have except that in civil action they shall
have jurisdiction over cases in which the damages demanded do
not exceed fifty dollars.

Sect. 3. Writs and proceedings in civil action shall not be ^rnabie°\o^"
made returnable before any other justice of the peace than the of^er jus-
trial justice in any town in which a trial justice has been ap-
pointed, but shall be returnable and returned before such trial
justice.

Sect. 4. If the trial justice shall be disqualified or unable JuiiiS ^^^'
for any reason to sit in any case a disinterested justice of the
peace attending by request of the trial justice may hear and deter-
mine the case with like effect as if it was heard and determined
by the trial justice.

Sect. 5. Constables shall have authority to serve and return ^n^fJbi*es
any writs or processes returnable before a trial justice.

Sect. 6. All acts and parts of acts inconsistent herewith are ^i|^se'.^°fct
hereby repealed, and this act shall take effect upon its passage. daises effect

</ r- 7 jr r o on passage.

[Approved March 30, 1911.]

CHAPTEK 87

AN ACT EELATINCr TO INVESTMENTS BY INSURANCE COMPANIES.

Section
1. Certain loans and investments pro-
hibited.

Section

2. Proliibited stocks, how disposed of.

3. Takes effect on passage.

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

Section 1. I^o insurance company organized under the laws certain in-
of this state shall invest its funds in or loan them on its own stock prohTwted.
or the stock of any other company carrying on the same kind of
insurance business, or the stock of any corporation owning and
holding stocks of any insurance company or companies carrying
on the same kind of insurance business, the aggregate value of
which shall exceed one tenth of the paid-up capital of the corpora-
tion so owning and holding them.

Chapter

[1911

Prohibited
stocks, how
disposed of.

Takes effect
on passage.

Sect. 2. All shares of stock held by any such insurance com-
pany when this act shall take effect, the investment in or loan on
which by such insurance company is prohibited by the provisions
of this act, shall be sold and disposed of within one year from the
time when this act shall take effect and shall not be held for a
longer period unless the insurance commissioner shall extend the
time for such sale and disposition for the reason that in his judg-
ment the interests of the company will suffer materially by a
forced sale of the said property. A record of such extension shall
be made by the insurance commissioner which shall state the time
of the extension, and in that event the sale of said property may
be made at any time before the expiration of the time of such ex-
tension.

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

[Approved March 30, 1911.]

CHAPTER

AN ACT TO FACILITATE THE TESTING AND SEALING OF WEIGHTS,
MEASURES, SCALES AND BALANCES.

Section

1. Penalty for using scale, etc., if test

refused.

2. Penalty for using condemned

scales, etc.

3. Penalty for using forbidden scales,

etc.

Section

4. Articles required as evidence may

be seized.

5. Sealer may enter and test altered

scale.

6. Takes effect on passage.

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

Penalty for
use if test re-
fused.

Penalty Tor
using con-
demned
scales, etc.

Penalty for
using forbid-
den scales,
etc.

Section 1. Any person using a weight, measure, scale or bal
ance after a sealer has demanded permission to test the same and
has been refused such permission shall be liable to a penalty not
less than ten nor more than fifty dollars.

Sect. 2. All weights, measures, scales and balances that can-
not be made to conform to the standard shall be marked or stamped
Condemned or C D by the sealer; and no person shall thereafter
use the same for weighing or measuring any commodity, sold or
exchanged, under penalty of not less than twenty nor more than
one hundred dollars.

Sect. 3. If such weights, measures, scales or balances can be
readily adjusted by such means as he has at hand, he may adjust
and seal them ; but if they cannot be readily adjusted, he shall
affix to such weights, scales, balances or measures a notice for-
bidding their use until he is satisfied that they have been so ad-

1911] Chapter 89. 93

justed as to conform to the standards and whoever removes said
notice without the consent of the sealer affixing the same shall for
each oifense be fined not less than ten nor more than twenty-five
dollars.

Sect. 4. A sealer or deputy sealer of weights and measures frticill li
may seize without a warrant such weight, measures, balances or evidence,
scales as may be necessary to be used as evidence in case of vio-
lation of the law relating to the sealing of weights and measures ;
such weights, scales, measures and balances to be returned to the
owner or forfeited as the court may direct.

Sect. 5. Every sealer who has reasonable cause to believe fo^enter and*^
that a weight, measure, scale or balance has been altered since it test,
was last adjusted and sealed, may enter the premises in which it
is kept or used, and shall be allowed to test and examine the same.

Sect. 6, This act shall take effect on its passage. Takes effect

^ ^ on passage.

[Approved March 28, 1911.]

CHAPTER 89.

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

Section
1. Annual salary of $800; 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 a?°"of im;
Strafl:"ord shall hereafter be eight hundred dollars per annum, pay- c^^^lg"^
able 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. That this act shall take effect upon its passage. Jn^pLlSe*

[Approved March 30, 1911.]

Chapter 90.
CHAPTER 90.

[1911

AN" ACT AMENDING SECTIONS 143 AND 148 OF CHAPTER 102 OF THE
SESSION LAWS PASSED BY THE GENERAL COURT OF 1909 RELAT-
ING TO THE MAINTENANCE OF ARMORIES AND RIFLE RANGES.

Section
1. Rent of armories regulated; allow-
ance for rifle ranges.

Rent of ar-
mories regu-
lated; allow-
ance for rifle
ranges.

Pay for
sundry ser-
vices; re-
pealing
clause; act
takes effect
on passage.

Section
2. Pay for sundry services; repealing
clause; act takes effect on pas-
sage.

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

Section 1. That chapter 102 of the session Laws passed by
the general court at the January 1909 session of said court be
amended as follows : Amend section 143 by striking out the whole
of said section and inserting instead thereof: Sect. 143. For
the rent, improvement and maintenance of an armory for each
company of infantry, or coast artillery, troop of cavalry, or bat-
tery of light artillery, the sum of six hundred dollars per year;
for each regimental band room one hundred dollars per year ; and
for each regimental and brigade headquarters 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, troop, battery or company, — provided that or-
ganizations using a state armory shall receive no allowance. The
sum of two hundred dollars shall be allowed for each company,
troop and battery, to be used exclusively for the purchase, prepa-
ration and maintenance of suitable ranges for rifle practice of such
organization, — provided that no organization which does not have
75 per cent, of its strength engaged in rifle practice upon its
range during any practice season shall be entitled to such allow-
ance for the succeeding year. Such sums shall be expended on
ranges approved by and under the direction of and vouchers there-
for shall be submitted to the adjutant general. Any portion of
such sums not required for any organization may be applied under
the direction of the adjutant general to the purchase or mainte-
nance of any other range or ranges.

Sect. 2. Amend section 148 by adding thereto: There shall
be paid to each company, troop and battery quartermaster-sergeant
for services rendered in the care, issuance and preservation of the
uniforms, rifles and equipment issued to said company the sum
of $2.50 per day for the time actually employed in such care and
preservation, not exceeding in all twenty days for infantry and
coast artillery, thirty days for cavalry and forty days for battery
organizations in any one year, and to the clerk of each company,
troop or battery the sum of $2.50 per day for the time actually
employed in doing the clerical work of such company, not to

1911] Chapters 91, 92. 95

exceed in all ten days in any one year. Vouchers for such ser-
vices shall be approved by the commanders of each company, troop
or battery and the expense thereof shall be included in the annual
abstract rendered by such commander. All acts and parts of acts
inconsistent herewith are hereby repealed and this act shall take
effect upon its passage and the provisions hereof shall be appli-
cable to the year 1911.

[Approved March 30, 1911.]

CHAPTER 91.

AN ACT IN" ADDITION TO SECTION 4, CHAPTER 78 OF THE SESSION
LAAVS OF 1901, PEOVIDING FOR A JUDICIARY SYSTEM CONSISTING
OF TWO COURTS.

Section
1. Supreme court order, when certified
to superior court.

Section
2. Talces effect on passage.

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

Section 1. Section 4 of chapter 78 of the session Laws of order may be
1901, providing for a judiciary system consisting of two courts, ^[^^j^fn'^^iiat
is hereby amended by adding the following paragraph : In cases *^™®'
decided in the supreme court the court may, when justice requires
such course, direct a certificate of the order made in any case to
be forwarded to the clerk of the superior court at any time after
the expiration of the time allowed by the rules of court for the
filing of a motion for rehearing ; and the order of the court shall
be valid and binding from the time such direction is given.

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

L L o on passage.

[Approved March 30, 1911.]

CHAPTER 92.

AN ACT IN AMENDMENT OF CHAPTER 38 OF THE LAWS OF 1905,
RELATING TO NON-RESIDENT ITUNTERS" LICENSES.

Section 1. Owner of land may hunt thereon without license.

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

Section 1. Chapter 38 of the Laws of 1905 is hereby owner of
amended by the insertion at the end thereof the following section : hunt Siereon
Sect. 13. ^^thing in this act shall be construed to prohibit ^ense°."* "'

Chapter 93.

[1911

landowners and members of their immediate families from hunt-
ing, pursuing or killing wild animals or birds upon the lands so
owned or occupied by them, without taking out a license as afore-
said, provided that such hunting, pursuing or killing and the dis-
posal of wild animals or birds shall be in conformity with the fish
and game laws of the state.

[Approved March 30, 1911.]

CHAPTER 93.

AN ACT TO PROVIDE FOR A BOUNTY ON HEDGEHOGS.

Section

1. Bounty of twenty cents each.

2. Account of bounties to be certified

to state treasurer.

Section

3. Attempt to collect fraudulent

bounty; penalty.

4. Takes effect on passage.

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

Bounty of
twenty cents.

Bounties to
be certified.

Attempted
fraud; pen-
alty.

Takes effect
on passage.

Section 1. If any person shall kill a hedgehog within this
state and shall produce the head thereof to the selectmen of the
town or clerk of the city in which it was killed, and shall prove
to their satisfaction that such hedgehog was killed by said per-
son, within the limits of said town or city, the selectmen of said
town or clerk of city shall destroy the head so produced so that
it cannot be offered again for bounty, and shall pay the sum of
twenty cents for each and every hedgehog so destroyed.

Sect. 2. The selectmen of towns or clerk of cities shall keep
a true account of all money so paid as bounty under this act and
upon presentation of such account, certified by a majority of said
board of selectmen or clerks of cities to be just and true, to the
state treasurer in the months of January and July, the same shall
be paid from the state treasury to said selectmen, or upon their
written order.

Sect. 3. Any person producing to the selectmen of any town
or clerk of city in this state for bounty, the head of a hedgehog,
killed outside of the limits of that town, shall be fined not less than

ten dollars ($10) or thirty days' imprisonment or both,
head so produced.

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

tor e

ach

[Approved March 30, 1911.]

1911

Chapter 91.

CHAPTER 04.

AN ACT TO AUTIIOKIZE CERTAIN FOUKIGX STKKET liAILWAY CORPO-
RATIONS TO BUY OR LEASE THE PROPERTY AND FRANCHISES OF
CONNECTING NEW HAMPSHIRE STREET RAILWAY CORPORATIONS,
AND TO AUTHORIZE DOMESTIC STREET RAILWAY CORPORATIONS
TO BUY' OR LEASE THE PROPERTY AND FRANCHISES OF FOREIGN
CONNECTING STREET RAILWAY CORPORATIONS.

Section

1. Lease or sale to foreign connecting

company authorized.

2. Purchase or lease by foreign com-

pany authorized.

3. Foreign company to file certain

statements, etc.

Section

4. Purchase or lease by domestic con-

necting company authorized.

5. Approval of lease or sale.

6. Increase in rates not permitted.

7. Increase of capital stock.

8. Takes effect on passage.

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

Section 1. Anj street railway corporation now or hereafter Domestic
organized and existing under the laws of the State of Xew Hamp- sen or lease
shire, whose street railway line connects at the boundary line of comp°a'ny\°
this state with the street railway line of a street railway corpora-
tion now or hereafter organized and existing under the laws of
any adjoining state, may sell or lease its street railway, appurte-
nances, corporate property and franchises, or any part thereof to
said connecting foreign street railway which may be now or here-
after organized and existing under the laws of such adjoining
state, upon such terms, agreements and conditions as may be ap-
proved by a majority of the directors and of and by the share-
holders of said domestic street railway corporation by an affirma-
tive vote of two thirds of its shareholders passed at a shareholders"
meeting, and from and after the making of such lease or sale to it.
and the doing l)y said foreign street railway corporation of all
the things hereinafter required to be done by it, the said foreign
street railway corporation, shall, subject to all general laws of the
State of Xew Hampshire relating to street railways, have, use
and enjoy in Xew Hampshire all the property, rights powers and
franchises which the domestic corporation may have under its char-
ter and the laws of the State of ISTew Hampshire, so far as the
same have been purchased or leased by said foreign corporation.

Sect. 2. The foreign street railway corporation having a con- Foreign com-
necting line as aforesaid, is authorized to make such purchase or purchase^or
lease of the railway, property, appurtenances and franchises of the '®*^®-
domestic street railway corporation, or of any part thereof, when-
ever the domestic corporation is entitled under this act to make
such sale or lease.

Chapter 94.

[1911

Foreign com-
pany to file
certain state-
ments, etc.

Domestic
company may
purchase or
lease foreign
line.

Sect. 3. Before assuming the management, control and oper-
ation of the domestic street railway and its appurtenances and
franchises, or a part thereof, under such sale or lease, the foreign
corporation which has purchased, or leased the same, shall file in
the office of the secretary of state a true copy of its charter, a full
statement of its property of every sort and of its liabilities and a
list of its directors and other officers, and shall file with the secre-
tary of state of this state an irrevocable power of attorney con-
stituting the secretary of state its attorney to receive service of
all legal process against it, and notices directed to it or required
to be given to it, in the state of New Hampshire under any of its
laws while it exercises any franchises that w^ere of said domestic
street railway company, under said lease or purchase in the state
of New Hampshire, and so long as any outstanding liability to
any citizen of New Hampshire, incurred by said foreign street
railway corporation while exercising the franchises aforesaid in
New Hampshire, remains unpaid and unsatisfied ; and in each
year said foreign street railway corporation shall make such re-
turn to the railroad commissioners as domestic street railway
corporations are required to make; provided, however^ said foreign
corporation shall not be impleaded or sued in New Hampshire
because of, or on account of, any act not done or omitted in exer-
cise of its franchises in this state, but any citizen of New Hamp-
shire may sue or implead said corporation in the courts of this
state for any cause of action he has against it whether arising
within or out of this state.

Sect. 4. Any street railway corporation now or hereafter
organized or existing under the laws of the State of New Hamp-
shire, whose street railway line connects at the boundary line of
New Hampshire with the street railway line of a corporation now
or hereafter organized and existing under the laws of an adjoin-
ing state, shall have and possess and enjoy, subject to all general
laAvs of this state, the same right to buy or lease a connecting street
railway line, property and franchises, or a part thereof, of said
foreign connecting street railway corporation, as is given to the
foreign corporation by this act to buy or lease the railway prop-
erty, appurtenances and franchises, or a part thereof, of a con-
necting domestic street railway corporation ; and the purchase or
lease of the railway, property, appurtenances and franchises of said
foreign connecting street railway corporation, or of a part thereof,
shall be made upon such terms as the directors by majority vote
and the shareholders of the domestic street railway corporation
by a two-thirds affirmative vote, passed at a shareholders' meeting
provide, and upon such purchase or sale being made, and upon
the performance of any conditions or acts herein required to be
done before the same becomes efi^ective, under the provisions of
this act, the domestic street railway corporation shall, so far as
this state can confer the power, have, possess and enjoy, with re-

1911] Chapter 95. 99

spect to the connecting street railway line, its property and fran-
chises, or a part thereof, so purchased or leased, all the powers,
rights and franchises previously had, possessed and enjoyed by
said foreign corporation under the laws of the adjoining state,
under whose laws it was organized and exists.

Sect. 5. Any lease or sale hereby authorized shall not become To be ap-

*J "^ proved by

effective until a copy of the lease, or of the agreement of pur- railroad com-
chase, as the case may be, shall have been filed with the secretary
of state of the State of ISTew Hampshire, and with the board of
railroad commissioners of this state in each case, with the approval
of the board of railroad commissioners of New Hampshire, en-
dorsed thereon.

Sect. 6. ISTo lease or purchase herein authorized shall per- Jates^n1)t'°
mit an increase of fares, or, in cases in which freight or express permitted,
matter may be carried, of an increase of rates for carrying freight
or express matter, save so far as and under the law the right so to
do was lawfully exercisable by the street railway corporation
whose railway, property, appurtenances and franchises have been
leased or purchased.

Sect. 7. The purchasing company may subject to the pro- increase of
visions of existing laws relating to railroads, increase its capital purchasing
stock and issue bonds to an amount necessary for the purposes '^""p^^^-
authorized by this act, and may exchange its securities for those
of the selling company, if the aggregate amount of the capital
stock and the debt of the two contracting companies shall not by
reason of such purchase and sale be increased.

Sect. 8. This act shall take effect upon its passage. on'^pLIage!

[Approved :\Iarch 30, 1911.]

CHAPTER 95.

AN act to PEOVIDE FOR THE USE OF SPAEK ARRESTEES ON PORT-
ABLE STEAM MILLS.

Section I Section ,

1. Spark arresters to be used, when.

2. Examinations by state forester, etc.

3. Penalty for violation.

4. Repealing clause; act takes effect
on passage.

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

Section 1. Xo person, except Avhen the ground is covered ^^^'^^^ b"^^*^'
with snow, shall operate any portable steam-mill unless the same "sed, when,
is provided with a suitable spark arrester, approved by the state
forester. Such approval shall be in writing, signed by the for-

100

Chapter 96.

[1911

Examinations
by state for-
ester, etc.

Operating
mill without
appliance,
penalty.

Repealing
clause; act
takes effect
on passage.

ester, and said approval may be revoked by the state forester in
the same manner.

Sect. 2. It shall be the duty of the state forester to examine
all portable steam-mills, or cause them to be examined, whenever
he deems it necessary, to determine whether they are provided with
suitable spark arresters, and whether the same are kept in con-
stant use, as provided for in section 1 of this act. It shall be the
duty of the town forest fire warden to examine portable steam-
mills, when requested to do so by the state forester, and make re-
ports on the same in such form as the state forester may require.

Sect. 3. Any person operating a portable steam-mill when
the ground is not covered with snow, without a suitable spark
arrester and the approval of the state forester, as herein provided,
and any owner or part owner of said mill knowingly permitting
its operation, 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 pas-
sage.

[Approved March 31, 1911.]

CHAPTEE 96.

AN ACT CURTAILING THE AUTHORITY OF THE FISH AND GAME

COMMISSIONERS.

Section
1. Authority to permit collection of
birds and eggs revoked.

Section
2. Takes effect on passage.

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

Certain au-
thority re-
voked.

Takes effect
on passage.

Section 1. Chapter 79, session Laws of 1901, as subse-
quently amended, is further amended by striking out the whole of
sections 35, 36 and 37, and renumbering the remaining sections.

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

[Approved March 31, 1911.]

1911] Chapter 97. 101

CHAPTEE 97.

AX ACT IN AMENDMENT OF AND ADDITION TO CHAPTERS 125 AND
126 OF THE PUBLIC STATUTES^ RELATING TO WEIGHTS AND
MEASURES.

Sectio>j Section

1. False weight or measure, etc., pen-

alty for giving.

2. Standard weights and measures of

certain commodities.

3. Repealing clause; act takes effect
on passage.

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

Section 1. Chapter 125 of the Public Statutes is hereby False weight
amended bv striking out the whole of section 12 and substituting lie, penalty
therefor the following: Sect. 12. Whoever, himself, or by his ^°'' ^''^•°s-
servant or agent, or as the servant or agent of another person, firm
or corporation, is guilty of giving false or insufficient weight or
measure, or whoever, for purposes of buying or selling, shall have
in possession any scales, steel-yards, balances, or other weighing
or measuring device so adjusted as to falsely weigh or measure, or
which have not been sealed as hereinbefore provided, subject to
such exemptions and provisions as may appear elsewhere in the
laws of this state, shall be punished by a fine of ten dollars for
each offense. The sale of any commodity that is falsely branded
as to weight or measure shall be punishable by a like penalty.
But in all proceedings under this section, any deviations from
the represented weight or measure of a commodity, falling within
the tolerations adopted or which may be adopted by the Xational
Bureau of Standards, shall not be prosecuted. And it shall be
the duty of sealers to file the necessary information with the
proper chief of police or county solicitor, whenever they may se-
cure satisfactory evidence of the violation of any of the provisions
of this section, and such chief of police and county solicitor shall
prosecute these offenses to final judgment and sentence. Pro-
vided that in prosecutions under this section involving the sale of
food and drugs, health officers shall have concurrent jurisdiction
with sealers.

Sect. 2. Chapter 126 of the Public Statutes is hereby standard
amended by striking out the whole of section 3 and substituting mll^sures^°o1
therefor the following: Sect. 3. In proceedings brought under modUies^°™'
section 12 of the Public Statutes for false or insufficient weight
or measure in connection with the sale of any of the articles here-
inafter mentioned, the following weights and provisions shall gov-
ern : Except where the parties shall expressly agree to sale by
measure, a bushel shall contain the number of pounds as herein-
after set forth: Apples, 48; dried apples, 25; beets, 60; small
white beans, 60; soy beans (glycine hispida), 58; barley, 48;

102

Chapter 98.

[lull

bran, 20 ; buckwheat, 48 ; Indian corn, 56 ; corn meal, 50 ; cracked
corn, 50 ; cranberries, 32 ; carrots, 50 ; clover seed, 60 ; flax-seed,
56 ; herds grass or timothy seed, 45 ; Japanese barnyard millet (P.
crusgalli) , 35 ; lime, TO ; oats, 32 ; onions, 52 ; pears, 58 ; peaches.
48 ; dried peaches, 33 ; peas, 60 ; parsnips, 45 ; roasted peanuts, 20 ;
green peanuts, 22 ; Irish potatoes, 60 ; sweet potatoes, 54 ; quinces,
48; rye, 56; rye meal, 50; coarse salt, 70; fine salt, 50; shorts
20; tomatoes, 56; turnips, 55; wheat, 60. All fruits, nuts and
vegetables, if sold by measure, shall be sold by dry measure.
United States standard, and shall be measured by level measure.
Baskets or other receptacles holding one quart or less, which are
•ised in the sale of strawberries, blackberries, cherries, currants,
blueberries, huckleberries, raspberries or gooseberries shall be of
the capacity of one quart, one pint, or one half pint. United States
standard dry measure. Whoever sells or offers for sale, or has in
possession with intent to sell, any of the aforesaid fruit in any
basket or other receptacle holding one quart or less which does
not conform to said standard, or conforming to said standard, is
not level measure, shall be punished by a fine of ten dollars for
each offense. Said baskets or other rece])tacles shall not be re-
quired to be tested and sealed as provided by chapter 125, Pub-
lic Statutes, but any sealer or health officer may test the capacitv
of any basket or other receptacle in which any of the aforesaid
fruit is sold or intended to be sold ; and if the same is found to
contain less than the standard measure, or if the quantity of such
fruit is otherwise less than as herein provided, he shall seize the
same and make complaint against the vendor.
Repealing Sect. 3. All acts and parts of acts inconsistent herewith are

takes 'effect hcrcbv repealed and this act shall take effect upon its ]iassage.

on passage.

[Approved March 31, 1911.]

CIIAPTEE 98.

AlSr ACT TO REGULATE LYIXG-IX HOSPITALS.

Section
L To be licensed.

2. Supervision and regulation.

3. Keeping without license, penalty.

Section

4. Advertising tor patronage pro-

hibited.

5. Takes effect on passage.

To be
licensed.

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

Sectiox 1. The state board of charities and correction mav
issue a license, subject to revocation by it, to any person whom it
mav deem suitable and responsible to establish or keep for two

1911] Chapter 98. 103

years, within a city or town of this state, a lying-in hospital, hos-
pital ward or other place for the reception, care and treatment
of women in labor, if the local board of health shall first certify
to the state board of charities and correction that, from its inspec-
tion and examination of such hospital, hospital ward or other
place aforesaid, the same is suitable for the said purpose.

Sect. 2. The state board of charities and correction shall have supervision
supervision of all such hospitals, hospital wards or other places, tion.
may make necessary rules for their regulation and may designate
its agents to visit and inspect the same. The said hospital, hos-
pital wards and other places shall also be subject to the visitation
and inspection at any time by the head of the police department,
or his authorized agent, or the board of health of a city, or by the
chief of police, selectmen, or the board of health of a town, and
if, during the year, it receives more than six patients, by the state
board of health, or its authorized agent.

Sect. 3. Whoever establishes or keeps or is concerned in es- Keeping with-
tablishing or keeping in a city or town within this state a hospital, penaity^^^^'
hosjutal ward or other place for the purpose mentioned in section
one of this act or is engaged in any such business, without such
license, shall for the first oftense be punished by a fine of not more
than five hundred dollars or be imprisoned not exceeding one year
and for any subsequent offense by imprisonment for not more than
two years.

Sect. 4. ]^o person shall print, publish or circulate or cause Advertising
to be printed, published or circulated, any advertisement of, nor age pro-
in any other manner publicly solicit patronage for any institution ' '""^ '
mentioned in section one of this act, whether maintained by him-
self or others ; except that any such institution duly licensed as
aforesaid, may display a sign containing the name of the institu-
tion but no other words of information.

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

[Approved April 5, 1911.]

104

Chapter 99.
CHAPTEK 99.

[1911

AX ACT TO PEOIIIBIT BKIBERY AT ELECTIONS AND TO EXCLUDE PER-
SONS CONVICTED THEREOF FROM HOLDING CIVIL OFFICE AND
FROM EXERCISING THE RIGHT OF SUFFRAGE.

SectioU

1. Bribery at election, etc., penalty.

2. Conviction disqualifies for oflBce and

suffrage.

Section

3. Purticeps criminis not excused as

witness.

4. Repealing clause; act takes effect on

passage.

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

Bribery at
election, etc.
penalty.

Conviction
disqualifies
for oflBce
and suffrage.

Particepa
criminis not
excused as
witness.

Repealing
clause; act
takes effect
on passage.

Section 1. Any person guilty of offering, giving, or accept-
ing a bribe, or of aiding or abetting bribery, or of attempting or
conspiring to bribe, with intent to inflnence the vote of any person
at any election, caucus, convention, or primary election shall be
deemed guilty of a misdemeanor, and upon conviction shall be
fined not more than five hundred nor less than one hundred dol-
lars and be imprisoned in the county jail not less than thirty nor
more than ninety days, for each offense.

Sect. 2. Any person convicted under the provisions of the
foregoing section shall thereafter be forever disqualified from
holding any civil office in this state and from exercising the right
of suffrage for a period of five years.

Sect. 3. ISTo witness in any proceeding under this act or in
any proceeding for violation of the election laws shall be excused
from giving his testimony upon the ground that such testimony
would incriminate him, but no such testimony shall be used
against such witness at any time or in any prosecution. And any
person who voluntarily discloses the facts to the proper authori-
ties, and procures a conviction in any such proceeding, shall not
be prosecuted for his connection with the bribery or attempted
bribery.

Sect. 4. All acts and parts of acts, so far as they are incon-
sistent herewith, are hereby repealed, and this act shall take effect
upon its passage.

[Approved April 6, 1911.]

1911] Chapters 100, 101. 105

CHAPTER 100.

AN ACT IN AMENDMENT OF SECTION 9, CHAPTER 286 OF THE PUB-
LIC STATUTES AS AMENDED BY CHAPTER 25, SESSION LAWS OF
1900, RELATING TO CLERICAL EXPENSES IN THE ADJUTANT-
GENERAL^S OFFICE.

SectioH I Sectiom

1. Annual appropriation of $1,000. ' 2. Takes effect on passage.

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

Section 1. That section 9, chapter 286 of the Public Stat- Annual ap-
utes, as amended bv chapter 25, session Laws of 1909, be amended $i.*ooo!*^*°° °
by striking out the words "eight hundred" and inserting in place
thereof the words one thousand, so that said section, as amended,
shall read : Sect. 9. The sum of one thousand dollars is an-
nually appropriated for clerical expenses in the adjutant-general's
office, to be expended according to the discretion of the adjutant-
general.

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

on passage^

[Approved April 6, 1911.]

CHAPTER 101.

AN ACT TO PROVIDE FOR PUBLICITY OF CAMPAIGN RECEIPTS AND
EXPENDITURES BY POLITICAL COMMITTEES AND CANDIDATES.

Section
1. Meaning of "political committee";
each committee to have treasurer.

SECTIOrJ

5. Of candidates for United States
senator.

2. Statements required of state com- 6. Of candidates for councilor, etc.

mittees.

3. Of other political committees.

4. Of candidates for governor and

congressman.

7. Penalty for violations.
8. Contributions, to whom made.

9. Penalty for violation.

10. Takes effect on passage.

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

Section 1. The term political committee under the provi- Meaning of
sions of this act shall applv to every committee or combination of "P°^l!^iSf^ ,,

-."^ -.•.-, "^ 1 committee ;

three or more persons who shall aid or promote the success or each commit-
defeat of a political party or principle in a public election or the treasurer.

106 Chapter 101. [1911

success or defeat of any measure voted on at a public election or
shall aid or take part in the nomination, election, or defeat of any
candidate for public office. Every political committee shall have
a treasurer who shall be a citizen of this state and whose duty
it shall be to receive and expend all its money,
statements Sect. 2. The state committee of every political party shall

state commit- file, on the third day preceding the election, with the secretary
^^^** of state and also publish in two daily newspapers in this state, an

itemized statement, signed and sworn to by its chairman and treas-
urer, showing in detail all its receipts and expenditures, with the
names of the various persons by whom they were made and the
respective amounts thereof, and the names of various persons,
corporations, or committees to whom they were made, with the
specific nature and amount of each expenditure. Within fifteen
days after said election another itemized statement, signed and
sworn to by the same officers, shall be likewise filed and pul)lished,
covering in like manner all receipts and expenditures subsequent
to the first statement.
Of other po- Sect. 3. Every other political committee shall, within fifteen
mittees. days after the election, file with the secretary of state and with

the town or city clerk for the towm or city where the treasurer
resides, an itemized statement, signed and sworn to by the chair-
man and treasurer, of all its receipts and expenditures, if the total
amount exceeds one hundred dollars, showing the names of the
various persons by whom they were made and the respective
amounts thereof and the names of the various persons, corpora-
tions, or committees to whom they were made, with the specific
nature and amount of each expenditure. Where the amount does
not exceed one hundred dollars, a statement to that effect, signed
and sworn to by the chairman and treasurer, shall be filed with
the same officials and within the same time as that specified for
the itemized statement above described.
Of candidates Sect. 4. Every candidate at the primary or general election
and congress- for govcmor or representative to congress shall, on the third day
preceding said primary or election, file with the secretary of state
and also publish in two daily newspapers of this state, an itemized
sworn statement of all his receij^ts and expenditures, in aid of his
nomination or election, showing in detail the names of the vari-
ous persons by whom they were made and the respective amounts
thereof, and the names of the various persons, corporations, or
committees to whom they were made, with the specific nature and
amount of each expenditure. Within fifteen days after said pri-
mary or election a similar sworn itemized statement shall be like-
wise filed and published, showing in like manner all receipts and
expenditures subsequent to the first statement.
Of candidates Sect. 5. Every candidate for United States senator shall, on
sutes^'sen- the third day preceding the day upon which such senator is to be
^^°^' chosen, file with the secretary of state and also publish in two

1911] Chapter 101. 107

daily newspapers of this state a sworn itemized statement of all
his receipts and expenditures in aid of his election, showing in
detail the names of the persons by whom they were made and the
respective amounts thereof, and the names of the various persons,
corporations, or committees to whom they were made, with the
specific nature and amount of each expenditure. Within fifteen
days after said election a similar sworn itemized statement shall
be likewise filed and published, showing in like manner all receipts
and expenditures subsequent to the first statement.

Sect. 6. Every candidate at the primary or general election of candidates
for councilor, state senator, or representative to the general court, cA\oT°etc.
who has expended a sum in excess of twenty-five dollars, shall
within fifteen days after said primary or general election file with
the secretary of state and with the town or city clerk for the town
or city in which he resides an itemized sworn statement of all his
receipts and expenditures in aid of his nomination, showing in
detail the names of the various persons by whom they were made ■
and the respective amounts thereof, and the names of the various
persons, corjiorations, or committees to whom they were made,
with the specific nature and amount of each expenditure. All
such statements shall be open to public inspection.

Sect. 7. Any person who violates the foregoing provisions of Penalty,
this act shall be guilty of a misdemeanor and upon conviction
shall be fined not more than five hundred nor less than one hun-
dred dollars and be imprisoned in the county jail not less than
thirty nor more than ninety days, nor shall he be entitled to the
nomination or election until said sworn itemized statement is filed
and published as hereinbefore required.

Sect. 8. Xo person not a candidate for nomination at the contributions
primary or election shall contribute, expend or promise to con- candfdat°es or
tribute or expend any money or thing of value, in aid of the nom- committees,
ination or defeat of any candidate at the primary or election, or
in aid of the success or defeat of any political party or principle,
or in aid of the success or defeat of any measure to be voted on at
any election, unless contributed directly to some candidate at the
primary or election, or some political committee of this state.

Sect. 9. Any person violating the provision of section 8 of P^°^'*y-
this act shall be guilty of a misdemeanor and upon conviction
shall be fined not more than five hundred nor less than one hun-
dred dollars and be imprisoned in the county jail not more than
ninety nor less than thirty days.

Sect. 10. This act shall take effect upon its passage. Takes effect

on passage.

[Approved April 6, 1911.]

108

Chaptek 102.

[1911

CHAPTER 102.

AN ACT IX AMENDMENT OF AND IN ADDITION TO CHAPTEK 78 OF
THE LAWS OF 1897 RELATING TO THE MANNEK OF CONDUCTING
CAUCUSES AND ELECTIONS.

Section

1. Assistance to voter, when and how

given.

2. Showing ballot, distinguishing ballot

by mark, etc., penalty; sundry
fraudulent practices, penalty;
neglect of duty by election ofll-
cer, penalty.

Section
3. Repealing clause; sections of prior
act renumbered.

Be it enacted l>y the Senate and House of Representatives in
General Coiirt convened:

Assistance to
voter, when
and how
given.

Showing bal-
lot, distin-
guishing by
mark, etc.,
penalty; sun-
dry fraudu-
lent practices
penalty; neg-
lect of duty
by election
officer, pen-
alty.

Section 1. Chapter 78 of the Laws of 1897 is hereby
amended by striking out section 19 of said chapter and inserting
in place thereof the following: Sect. 19. Any voter who de-
clares to the moderator, under oath, that he cannot read, or that
because of his blindness or other physical disability he is unable
to mark his ballot, shall, upon his choice and request, receive the
assistance of one or both of the election officers detailed for that
purpose by the moderator ; and such officer or officers shall certify
on the outside thereof that it was so marked with his or their
assistance, and shall thereafter give no information regarding the
same.

Sect. 2. Also amend chapter 78, Laws of 1897 by adding
thereto the following sections, to wit: Sect. 20. A voter who
shall, except as herein otherwise provided, allow his ballot to be
seen by any person, with the intention of letting it be known how
he is about to vote, or place a distinguishing mark upon his ballot,
or shall write any name as the candidate of his choice, with the
intention of placing thereby a distinguishing mark upon his ballot,
or who in voting shall use or attempt to use any ballot not given
him by the ballot clerk, in manner hereinbefore provided, or who
shall make a false oath as to his inability to mark his ballot, or
any person who shall interfere or attempt to interfere with any
voter when such voter is inside the inclosed space, or who shall
endeavor to induce any voter, before voting, to show how he marks
or has marked his ballot, or otherwise violate any provision of
this act, shall be punished by fine of not more than five hundred
dollars or be imprisoned not exceeding six months ; and the elec-
tion officers shall see that the offender is duly brought before the
proper court for trial. Sect. 21. Any person who shall falsely
make or file or wilfully deface or destroy any certificate of nomina-
tion or nomination ])aper, or any ])art thereof, or sign any such cer-
tificate or paper contrary to the provisions of this act, knowing the
same or any part thereof to be falsely made, or suppress any ccrtif-

1911] Chapter 103. 109

icate of iioiuinatiou or nomination paper, or any part thereof,
which has been duly filed, or forge or falsely make the official in-
dorsement on any ballot, or wilfully destroy, deface, mark or
alter any ballot, or shall furnish to any voter a ballot with the
intent that such voter shall use the same in voting instead of the
ballot given or to be given him by the ballot clerk, as herein pro-
vided, or shall take or remove any ballot outside of the inclosure
provided for voting before the close of the polls, or wilfully delay
the delivery of any ballots, shall be punished by a fine not exceed-
ing five hundred dollars, or by imprisonment in the jail for not
more than six months, or by lx)th such fine and imprisonment.
Sect. 22. Any public officer upon whom a duty is imposed by
this act, who shall wilfully neglect to perform such duty, or who
shall wilfully perform it in such a way as to hinder the objects of
this act, shall be punished by a fine of not more than one thousand
dollars, or by imprisoinnent in jail for not more than one year,
or by both such fine and imprisonment.

Sect. 3. Also amend sections 20 and 21 of said chapter 78 ^|Sst;*°s^c-
of the Laws of 1897 by changing the number of said section 20 to *^j°°^^ renum-
23 and the number of said section 21 to 24.

[Approved April 6, 1911.]

CHAPTER 103.

AN ACT TO DEFINE THE DUTIES OF THE TKEASUREE OF EOCKINGHAM
COUNTY IN RESPECT TO DEPOSITING COUNTY FUNDS.

Section I Section'

1. To deposit in banks approved by 2. Takes effect on passage,

county commissioners. 1

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

Section 1. It shall be the duty of the treasurer of Rocking- to deposit in
ham county in this state to deposit all the money belonging to the banks,
county in his possession in such banks and trust companies in this
state as shall from time to time be approved by the county commis-
sioners, but the amount that may be deposited in any bank or trust
company at any one time shall not exceed twenty per cent, of its
paid-up capital and surplus. Other things being equal, the bank
or banks shall be preferred which will pay the highest rate of in-
terest on daily balances. The interest secured shall belong to
the county.

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

[Approved April 6, 1911.]

110

Chapters 104, 105.
CHAPTER 104.

[1911

AN ACT PKOVIDING JOINT GUARDIANSHIP FOR MINORS.

Father and
mother joint
guardians.

Limitation.

Takes effect
on passage.

Section

1. Father and mother joint guardians.

2. Limitation of act.

Section
3. Takes effect on passage.

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

Section 1. The father and mother of every minor child are
hereby constituted joint guardians of the person of such child,
and the powers, rights, and duties of both the father and mother
in regard to such child shall be equal. Upon the death of either
the father or the mother the surviving parent of any unmarried
child under the age of twenty-one years shall become the sole
guardian of the person of said child.

Sect. 2. Nothing herein contained shall prevent any court
of competent jurisdiction from appointing any suitable person to
be guardian, and the custody of any minor child may be awarded
to either parent by any court having jurisdiction.

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

[Approved April 6, 1911.]

CHAPTER 105

AN ACT TO AMEND CHAPTER 47 OF THE PUBLIC STATUTES, RELAT-
ING TO MAYORS OF CITIES.

Chairman of
aldermen or
council, to
act in ab-
sence of
mayor.

Takes effect
on passage.

Section
1. Chairman of aldermen or city coun-
cil to act in absence of mayor.

Section
2. Takes effect on passage.

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

Section 1. Section 11 of chapter 47 of the Public Statutes
is hereby amended as follows : Strike out all of said section, and
insert in place thereof the following: Sect. 11. The board of
aldermen where the city government is composed of two bodies,
or the city council where the city government is composed of one
body, may choose one of their members to be chairman, and Avhen-
ever the mayor of any city shall be absent or shall be disabled by
sickness or otherwise, he shall have all of the powers and perform
all of the duties of the mayor during his absence or disability.

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

[Approved April 6, 1911.]

1911] Chapters 106, 107. HI

CHAPTEE 106.

AN ACT IN KELATION TO POLITICAL ADVERTISING IN NEWSPAPETTS.

Section , Sectioi*

1. To be designated and signed. | 2. Penalty for violation.

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

Section 1. No person shall publisli or cause to be published ^o^^^ desig-
in a newspaper or other periodical, either in its advertising or signed.
reading columns, any paid matter which is designed or tends to
aid, injure or defeat any candidate for public office, or a constitu-
tional amendment or any other question submitted to the voters,
unless the name of the chairman or secretary, or the names of
two officers of the political or other organization inserting the
same, or the name of some voter who is responsible therefor, with
his residence and the street and number thereof, if any, appear in
the nature of a signature. Such matter inserted in reading col-
umns shall be preceded or followed by the word advertisement in
a separate line, in type set smaller than that of the body type of
the newspaper or other periodical.

Sect. 2. Any person who violates, or in any way knowingly Penalty,
aids or abets the violation of any provisions of this act, shall be
punished by a fine of not more than one hundred dollars, or by
imprisonment for not more than sixty days.

[Approved April 6, 1911.]

CHAPTEE 107.

AN ACT TO AMEND CHAPTEE 85 OF THE LAWS OF 1907 AS AMENDED
BY CHAPTEE 115 OF THE LAWS OF 1909 ENTITLED "aN ACT TO
PROVIDE A PENSION FOR FIREMEN^ POLICE OFFICERS AND CON-
STABLES."

Sectioi* I Section

1. Pensions, how and when granted. I 2. Takes effect on passage.

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

Section 1. Strike out section 2 of said act and insert in ^®°^'°°!'
place thereof the following: Sect. 2. Pensions may be granted when granted,
under the provisions of this act of an amount not less than one
hundred dollars nor more than five hundred dollars per annum to

112 Chaptee 108. [1911

any fireman, police officer or constable, who Ijy reason of perma-
nent disability directly incurred in the performance of his duty
as a fireman, police officer or constable is no longer able to perform
active service as such, or to any fireman, police officer or constable,
who has served faithfully for not less than twenty-five years,
provided, lioivever, that no pension shall be granted for more than
one year at a time.
Takes effect Sect. 2. This act sliall take eftect upon its passage.

on passage. J- J- o

[Approved April 6, 1911.]

CHAPTEE 108.

AN ACT TO PROVIDE FOE CEETIFIED AND INSPECTED MILK.

SectioM

1. Certified milk and inspected milk

provided for.

2. Product must conform to certain

standards.

Sectioi^

3. Product to be labeled; requirements.

4. Penalty for violation.

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

Certified milk Section 1. For the purposc of improving the dairy interests
niiik pro- of the state of N^ew Hampshire and for the better protection of
public health, the state board of health may establish rules and
regulations, under which may be produced and sold a grade of
milk known as certified milk, and also a grade of milk known as
inspected milk.
Must conform Sect. 2. Xo pcrsou shall exchange, or offer or expose for
standards. sale or exchange as and for certified milk or as and for inspected
milk, any milk which does not conform to the regulations pre-
scribed by the state board of health for each grade, or by a com-
mission appointed by a county medical society, with the approval
of the state board of health.
Product to be Sect. 3. All milk sold as certified milk or as inspected milk
quirements. shall be conspicuously marked or labeled in accordance with the
regulations of the state board of health, as provided in section 2,
and must be produced from healthy, tuberculin-tested animals;
must be free from antiseptics, added preservatives, pathogenic
germs, and bacteria in excess of the established regulations.
Penalty. Sect. 4. Any person who violates any of the provisions of

this act, or the regulations established under it, shall be liable
to a fine not exceeding ten dollars for each offense.

[Approved April 6, 1911.]

1911]

Chapter 109.

113

CHAPTER 109.

AN ACT PKOHIBITING CAMPAIGN CONTRIBUTIONS BY CORPOKATIONS.

Section

1. Contributions prohibited.

2. Solicitation from corporation

hibited.

Section

3. Penalty for violation.

4. Takes effect on passage.

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

Section 1. No corporation, incorporated under the laws of contributions

-,. .,. . ,K ^ m T prohibited.

or doing business in this state and no oihcer, director, agent or
employee of and acting in behalf of such corporation shall pav or
contribute or authorize or direct to be paid or contributed any
sum of money or any check, draft, note or other article of value,
to any political party, committee or to any individual or corpora-
tion for the purpose or with the intention of having such money
or any part thereof or such check, draft, note or other article of
value or any part thereof expended or used for the purpose of
aiding or promoting, or of preventing or opposing the nomination
or election of any person to public office established by or under
the authority of the constitution or laws of this state or of the
United States, or expended or used for the purpose of promoting
or antagonizing the interests of any political party.

Sect. 2. No person shall solicit or receive the payment of solicitation
any sum of money or the delivery of any check, draft, note or ^^° ' ' ^ '
other article of value for the purposes specified in the preceding
paragraph, from any corporation incorporated under the laws of
or doing business in this state or from any officer, director, agent,
or employee of such corporation and on its behalf.

Sect. 3. Any corporation violating any of the provisions of Penalty,
this act shall be punished by a fine of not exceeding three thou-
sand dollars for each offense ; and any individual violating any
of the provisions of this act shall be punished by a fine of not ex-
ceeding one thousand dollars or by imprisonment not exceeding six
months.

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

Takes effect
on passage.

[Approved April 6, 1911.]

114

Chapter 110.

[1911

CHAPTER 110.

AN ACT TO REGULATE THE USE OF FISHING BUOYS ON SUNAPFE

LAKE.

SectioU

1. Character of buoys specified.

2. Penalty for violation.

3. Civil liability for damage.

SectioM

4. Enforcement of act.

5. Repealing clause; act takes effect

on passage.

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

Character of
buoys speci-
fied.

Penalty.

Civil liabilty.

Enforcement
of act.

Repealing
clause; act
takes effect
on passage.

Section 1. No person shall place or maintain in Sunapee
lake any bnoy or float for the purpose of locating fishing gronii'is
or anchorage therefor unless such buoy or float shall be a metal or
wooden keg of not less than five gallons in capacity, or unless
such buoy or float shall be made of cork or other buoyant material,
in which case such buoy or float shall be not less than thirty inches
long, sixteen inches in largest diameter, and so constructed that
at least twelve inches of the same shall be visible at all times above
the surface of the water. All such buoys or floats, including kegs,
shall be painted white, with a black band not less than three inches
wide around the middle thereof, and shall bear the name of the
owner thereon in letters not less than one inch in lieight. All
such buoys or floats shall be removed from the water on or before
September 5 of each year. Rope of hemp or other vegetable fiber
shall be the only means employed for mooring said buoys and no
auxiliary rope, chain or wire shall be attached to such buoy.

Sect. 2. Any person violating the provisions of this act shall
upon conviction be fined not exceeding ten dollars and costs of
prosecution.

Sect. 3. Any person placing any buoy or float in Sunapee
lake for the purpose of locating fishing grounds or anchorage there-
on which shall not conform to the pro\dsions of this act, shall be
liable for any loss, damage or accident that may be caused by or
result from such float or buoy. The damages therefor may be re-
covered by an action at law to be brought by the person suffering
such damage.

Sect. 4. It shall be the duty of the flsh and game commis-
sioners to enforce the provisions of this act and they are hereby
authorized to remove any buoys or floats which are not within the
provisions of this act.

Sect. 5. All acts or parts of acts inconsistent with this act are
hereby repealed, and this act shall take effect on its passage.

[Approved April G, 1911.]

1911]

Chapters 111, 112.

116

CHAPTER 111.

AK" ACT EELATIVE TO TJIK SIZE OF TKOUT AND SALMOX TIFAT MAY
BE TAKEX FKOM PLEASANT POND IN NEW LONDON.

SectioM

1. Size of fish specified.

2. Penalty for violation.

SectioM
3. Takes effect on passage.

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

Section 1. It shall be unlawful to take from the waters of Size of fish
Pleasant pond in the town of J^j'ew London, the outlet of the said
pond being in the village of Elkins in the said town, any trout
less than ten inches in length or any salmon less than fifteen
inches in length.

Sect. 2. Whoever violates the provisions of this act shall be Penalty,
punished by a fine not exceeding fifteen dollars for each fish in
respect to which the ^aolation occurs.

Sect,

This act shall take effect upon its passage.

Takes effect
on passage.

[Approved April 7, 1911.]

CHAPTER 112.

AN ACT IN RELATION" TO THE SALE OF LIGHTNING EODS.

Section
1. Sale, how regulated.

SecttoiJ
2. Takes effect on passage.

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

Section 1. Chapter 34 of the Laws of 1879, and all amend- How regu-
ments thereto, are hereby repealed, and the sale of lightning rods
shall be regulated under chapter 76 of the Laws of 1897 and
amendments thereto.

Sect. 2. This act shall take effect upon its passage.
[Approved April 7. 1911.]

Takes effect
on passage.

116

Chapters 113, 114.
CHAPTER 113.

[1911

AN ACT IN AMENDMENT OF SECTION 18 OF CHAPTER 252 OF THE
PUBLIC STATUTES KELATING TO RETURNS BY POLICE AND JUS-
TICE COURTS OF APPEALS AND ORDERS OF RECOGNIZANCE IN
CRIMINAL MATTERS.

Section 1. Copies of proceedings, with whom filed; fees; penalty for violation.

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

Copies, with Section 1. Amend section 18 of chapter 252 of the Public

whom filed; ^ iif.i. ii- •

fees; penalty, fetatiites Dj striking out the whole 01 said section and by inserting
instead thereof the following: Sect. 18. In case of appeal the
police court or justice shall cause true and attested copies of the
process, records and recognizances in the case to be filed with the
clerk of the superior court, on or before the first day of the next
trial term thereof ; and in case of order to recognize for appear-
ance before the superior court, the police court or justice shall
cause true and attested copies of the process, records and recog-
nizances in the case to be mailed to or delivered to the solicitor of
the county w^ithin which the oft'ense is alleged to have been com-
mitted, within ten days after the date of such order for recogni-
zance, and the same fees shall be allowed for copies delivered to
the solicitors as are now allowed for copies delivered to the clerk
of the superior court. Any violation of this section shall subject
the justice of the police court or justice of the peace from whose
decision the appeal was taken or by whom the order of recogni-
zance w^as made to punishment by a fine not exceeding ten dollars.

[Approved April 7, 1911.]

CHAPTEE 114.

AN ACT RELATING TO THE ERECTION OF MILL DAMS.

SECTIOn

1. Flowage rights acquired with own-

er's consent, procedure.

2. Security for damages.

Sectioi*

3. Existing rights not affected.

4. Repealing clause; act takes effect

on passage.

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

Flowage Section 1. Any person or corporation authorized by its char-

rights ac- , • X X 1 A • J.1 • J. J.

quired with ter SO to do proposing to erect a dam on any stream in this state

llnCpTocei- upon his or its land or upon the land of another with his consent

ure.

1911] Chapter 114. 117

may tile in the superior court a petition, setting forth the loca-
tion, height, and description of the proposed dam and applying
for llowage rights in land to be flowed thereby, and if it shall
appear that the erection of the dam is or may be of public use and
benefit, then the court shall proceed to the assessment of dam-
ages for land flowed as nearly as may be in accordance with the
provisions of section 14 to 18 inclusive of chapter 142 of the
Public Statutes and chapter 50 of the Laws of 1893. No other
dam shall be erected to the injury of the proposed dam after the
filing of the petition if the petitioner shall within a reasonable
time thereafter commence the construction of and complete the
same.

Sect. 2. Any person or corporation filing a petition under ||^^'*/g ^°^
this act may be required at any time, upon application to the
court in which such petition is filed, to give within a reasonable
time such security as justice may require for any damages which
have been or may be occasioned by such proceedings or to satisfy
any judgment which may be rendered therein.

Sect. 3. The provisions of the two preceding sections shall ^^j^tg'^lot
in no way affect any mill of other persons lawfully existing on the affected,
same stream, nor any mill site or mill privilege of other persons
on which a milldam has been lawfully erected and used, nor the
right of any ownier of such mill, mill site, or mill privilege, unless
the right to maintain on such last mentioned site or privilege shall
have been lost or defeated by abandonment or otherwise ; neither
shall they affect the right of a town in any highway or bridge
which the town may be liable to keep in repair, nor shall they be
applicable to any navigable waters in this state.

Sect. 4. All acts and parts of acts inconsistent herewith are ^{'^^^e-'^l^t
hereby repealed and this act shall take effect upon its passage. takes 'effect

^ ^ *• " on passage.

[Approved April 7, 1911.]

118

Chapters 115, 116.
CHAPTEE 115.

[1911

AN ACT IN AMENDMENT OF SECTION 8 OF CHAPTEE 95 OF THE LAWS
OF 1903 AS AMENDED BY CHAPTEE 49 OF THE LAWS OF 1905
AND CHAPTEE 118 OF THE LAWS OF 1909 EELATING TO THE
EEGULATION OF THE TEAFFIC IN INTOXICATING LIQUOE.

Non-resident
hotel pro-
prietor may
be licensed.

Repealing
clause; act
takes effect
May 1, 1911.

SectioU
1. Non-resident hotel proprietor may
ba licensed.

Section
2. Repealing clause; act takes effect
May 1, 1911.

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

Section 1. Amend section 8 of chapter 95 of the Laws of
1903 as amended by chapter 49 of the Laws of 1905 and chapter
118 of the Laws of 1909 by adding at the end of sub-division 3 of
said section the following, except that this j^rovision shall not
apply to a bona-fide purchaser or lessee of hotel property situate
in any toAAm so that said sub-division 3 as amended shall read as
follows : 3. Who is not a citizen of the United States, and a
resident of the state of Xew Hampshire and of the town or city
within which he desires to carry on the liquor business, for one
year last prior to the filing of his application ; except that this
provision shall not apply to a bona-fide purchaser or lessee of hotel
property situate in any town.

vSect. 2. All acts and parts of acts inconsistent with this act
are hereby repealed and this act shall take effect May 1, 1911.

[Approved April 7, 1911.]

CHAPTEE 116.

AN ACT IN AMENDMENT OF SECTION 13 AND SECTION 15 OF CHAP-
TER 141 OF THE PUBLIC STATUTES, EELATING TO LIENS.

Section 1. Subcontractor's lien, notice of, when to be given.

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

suijcontract- Section 1. Amend section 13, chapter 141, of the Public

tice of, 'when Statutes by adding at the end thereof the following: or providing

e given. ^^. j notice is given after the labor is performed or the material

is furnished said lien shall be valid to the extent of the amount

due or that may be due the contractor, agent or subcontractor of

the owner. The account required under section 15 of chapter 141

1911]

Chapter 117.

119

of the Public Statutes may also be given at the time the notice
of the claim of lien is given, so that said section as amended shall
read as follows: [Sect. 13.] If a person shall for himself or
others perform labor or furnish materials to the amount of fifteen
dollars, or more, for any of the purposes specified in the three
preceding sections, by virtue of a contract with an agent, con-
tractor, or subcontractor of the owner, he shall have the same lien
as provided in said sections, provided he gives notice in writing
to the owner or to the person having charge of the property that
he should claim such lien before performing the labor or furnish-
ing the material for which it is claimed, or providing said notice
is given after the labor is performed or the material is furnished
said lien shall be valid to the extent of the amount due or that
may be due the contractor, agent or subcontractor of the owner.
The account required under section 1.5 of chapter 141 of the Pub-
lic Statutes may also be given at the time the notice of the claim
of lien is given.

[Approved April 7, 1911.]

CHAPTEE 11'

AN ACT IN RELATION TO THE FINDINGS OR ORDERS OF THE RAILROAD
COMMISSIONERS MADE UNDER SECTION 1, CHAPTER 100, SESSION
LAWS OF 1907.

Sectioh

1. Not vacated by appeal.

2. May be suspended by superior court.

SectioH

3. Violation may h= enjoined.

4. Repealing clause.

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

Section 1. ISTo finding or order, fixing the reasonable charges >^ot vacated
to be made by any express company for the transportation of goods ^^ ^^^^^^'
and merchandise within the state, made by the railroad commis-
sioners under the authority conferred by section 1, chapter 100,
session Laws of 1907, shall be vacated upon appeal, but shall be
in full force and effect as if no appeal had been taken until sus-
pended, modified or reversed by order or decree of the superior
court. The findings or orders fixing the reasonable charges as
aforesaid, an appeal from which is now pending, shall from and
after the passage of this act be of full force and effect. The
charges as fixed and determined by said findings or orders are
hereby declared reasonable, and shall be the maximum charo-es to

120

Chapter 117.

[1911

May be
suspended by
superior
court.

Violation of
orders may
be enjoined.

finding or

Repealing
clause.

be charged by the express company or companies affected until
suspended, modified or set aside by proper proceedings. The
right to prosecute a pending appeal to determine the reasonable-
ness of the charges so established shall not hereby be affected, but
the reasonableness of the charges may be determined in the pend-
ing appeal.

Sect. 2. The superior court may suspend such
order fixing the reasonable charges to be made by any express
company, pending the determination of an appeal, whenever, in
the opinion of the court, justice may require such suspension, but
no order providing for a reduction of charges shall be suspended
except upon conditions to be imposed by the court providing a
means for securing the prompt repayment of all excess charges
over and above the charges which shall finally be determined to
be reasonable and just. Any order of the court suspending any
such order fixing the reasonable charges shall, among other things,
jDrovide that the express company or companies affected by the
order suspended shall keep such accounts as shall suffice to show
the amounts being collected by such express company or compa-
nies pending the appeal in excess of the amounts which would
have been collected if the finding or order had not been suspended,
and that any such excess shall be impounded within the state or
paid into court. Whenever there is occasion, after final decision,
for the distribution of said excess, any violation on the part of
any express company or companies or of the officers, members or
agents thereof, of the order of the court providing for the repay-
ment of said excess may be punished as a contempt of court.

Sect. 3. The superior court shall have power upon petition
of any interested party to enjoin the violation by any express com-
pany of any finding or order made by said railroad commission-
ers under the authority conferred by said section 1, chapter 100,
session Laws of 1007, so long as said finding or order may be in
force. Upon proper representation that any finding or order,
made as aforesaid, is being violated by any express company, it
shall be the duty of the attorney-general to institute proceedings
in behalf of the state to have enjoined any further violation.

Sect. 4. All acts and parts of acts inconsistent herewith are
hereby repealed.

[Approved April 7, 1911.]

1911] Chapter 118. 121

CHAPTER 118.

AN ACT TO REGULATK TllK USE OF THE WATER OF WINNIPESAUKEE

LAKE.

Sectiom

1. Right to draw water limited.

2. Bench-mark to be established.

3. Injunction proceedings, provision

Section

4. Measuring apparatus to be installed.

5. Existing rights not affected.

t;. Subject to repeal; act takes effect

foi*. I on passage.

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

Section 1. From and after the passage of this act no person, Right to
firm or corporation owning or managing the dam, gates, flumes, limited!^*"
fiashboards and other structures which are now or may hereafter
be maintained at Lakeport in Laconia, New Hampshire, for hold-
ing back or drawing down the waters of Winnipesaukee lake, shall
manage or control such dams, gates, flumes, flashboards and other
structures so that the total quantity of water drawn from Lake
Winnipesaukee during the seven days of any week shall exceed
the equivalent of 250 cubic feet for each second of time during
said week, (a) until the water of said lake shall be restored to
level 21 inches above zero, as shown on the gauge now maintained
by said company at its Lakeport office, or (b) thereafter between
the first day of June and the fifteenth day of September of any
year, at any time between said dates when the water of said lake
shall fall to or below level 21 inches above zero as shown on said
gauge. The foregoing provisions shall apply to the Winnipisseo-
gee Lake Cotton and Woolen Manufacturing Company, being a
corporation chartered under act of the New Hampshire legislature
approved June 28, 1831, and to the successors and assigns of
said company and to any person, firm or corporation owning or
managing the dam, gates, flumes, flashboards and other structures
above specified. Nothing in this act shall be construed to author-
ize said company, its successors or assigns, or any person, firm or
corporation at any time unreasonably to draw or make use of the
waters of said lake.

Sect. 2. In order to fix permanently and definitely the level Bench-mark
of the gauge referred to in the preceding section, James E. French ushed.
of ]\loultonborough, Stephen S. Jewett of Laconia and Charles B.
Hibl)ard of Laconia are hereby designated and appointed as a
committee to cause to be established under their supervision a
permanent bench-mark located at some convenient and suitable
point in Lakeport aforesaid and referred by suitable designation
and description to the zero mark of said gauge. Said committee
shall make a written description of said bench-mark, together with
the reference therefrom to said gauge and any other facts pertain-

122

Chapter 118.

[1911

Injunction
proceedings.

Measuring
apparatus.

Existing
rights not
affected.

Subject to
repeal; act
takes effect
on passage.

ing thereto which shall serve to identify said bench-mark and
fix the level of said gauge, and shall sign the same and cause it to
be recorded in the registry of deeds for Belknap county; and the
same or an attested copy thereof shall be received as evidence of
the facts therein stated in any cause pending in the courts of Xew
Hampshire in which the height of said gauge shall be a material
question.

Sect. 3. Any person or persons who shall be prevented from
exercising any public or private right by reason of any act or de-
fault of the Winnipisseogee Lake Cotton and Woolen Manufactur-
ing Company, its successors or assigns, or any person, firm or
corporation owning or controlling the dam, gates, flumes, flash-
boards and other works at said Lakeport in violation of the provi-
sions of this act or any other statute or law of this state, relating
to the waters of said Lake Winnipesaukee, may obtain by bill in
equity filed in the superior court of Belknap or Carroll counties,
or on ap})lication to any justice of the superior court in vacation,
such order or injunction as to the court shall seem just and rea-
sonable to afford relief,

Sp:ct. 4. Said Winnipisseogee Lake Cotton and Woolen Man-
ufacturing Company, its successors or assigns, shall install and
at all times maintain at a suitable place in said Lakeport a proper
and suitable apparatus for measuring the rise and fall of water
in said lake and shall place in charge thereof an agent, or person,
whose duty it shall be to keep a record of the daily rise and fall
of water in said lake, and said apparatus and record shall be open
to the inspection of the public at all reasonable times. Any inter-
ested party or his agent shall have the right to enter upon the
premises of said Winnipisseogee Lake Cotton and Woolen ]\Ianu-
facturing Company, its successors or assigns, and measure the flow
of water from said lake.

Sect. 5. Nothing in this act shall be construed as giving said
Winnipisseogee Lake Cotton and Woolen Manufacturing Com-
pany, its successors or assigns, any right not now possessed to
draw and use the waters of said lake, or as affecting any existing
right of the state to control the waters of said lake or any existing
right of action, or proceeding by the state or individual for the
enforcement of any public or private rights in the waters of said
lake, or in any stream or streams running into said lake, or any
in which its waters flow.

Sect. 6. This act may be altered, amended or repealed when-
ever the public good requires, and shall take effect upon its pas-
sage.

[Approved April 7, 1911.1

1911]

Chapter 119.

123

CHAPTER 119.

AN ACT IN AMENDMENT OF CKAPTER 102 OF THE LAWS OF 1909,
RELATING TO THE MILITIA.

Section

1. Adjutant-general to furnish funds

to paymasters.

2. Adjutant-general to rank as brig-

adier-general.

3. Non-commissioned offleers, how ap-

pointed.

4. Retired list; discharges fordistbility.

SectioiI
5. Land

taken for encampment, as-
sessment of damages; appeal from
assessment.

Pay for sundry services.

Repealing clause; act takes effect on
passage.

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

Section 1. Amend section 27 by striking out in the second Jg^j^^^'^f^-^
[first] line thereof the word "regimental" and in the third and furnish funds
fourth [second and third] lines the words "in the regiments" and masters,
the word "regimental," so that said section, as amended, shall
read: Sect. 27. He shall seasonably furnish the paymasters
with funds to pay the claims duly allowed, but no paymaster shall
receive such funds or other public property until he has deposited
in the office of the adjutant-general a bond to the state, with suffi-
cient 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. 2. Amend section 52 by striking out the word "'major- Adjutant-
general" in the second line of the second paragraph and substitute f|nra3*°
the word brigadier-general, so that said paragraph as amended g^jfe^rai!'^"
shall read: An adjutant-general's department, consisting of one
adjutant-general, brigadier-general, who shall be the adjutant-gen-
eral of the state, and one adjutant-general, major.

Sect. 3. Amend section 67 by striking out the sixth sentence Non-commis-
in said section, so that said section, as amended, shall read as fol- ce°rs! how ap-
lows: Sect. 67. ]^on-commissioned officers of the general staff ^°'°^^'*"
corps, non-commissioned staff officers of regiments and unattached
battalions shall be appointed and warranted by their respective
permanent commanders ; and commanders of regiments shall war-
rant the non-commissioned officers of companies upon the written
nomination of the respective captains. The commanders of the
troop of cavalry, the battery and the signal corps shall appoint
and warrant their non-commissioned 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. Ko enlisted man shall be warranted as a non-
commissioned officer unless he shall have passed a satisfactory ex-

124 Chapter 119. [1911

aniinatioii before a board of examiners to be appointed by the offi-
cer authorized to issue such a warrant. 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 officers shall be discharged. Non-commissioned offi-
cers who shall be dropped vacate their positions,
dischar "^*f'or Sect. 4. Amend section 73 by adding after the word "gov-
disabiiity. ernor" in the twelfth [seventh] line thereof the following: and
for faithful and meritorious service, may be given rank one grade
higher than he holds at the time of retirement, so that said section,
as amended, shall read : Sect. 73. Any officer of the active
militia who has reached the age of sixty-four years may be placed
on the retired list by the governor. Any commissioned officer
who shall have served in the same grade for the continuous period
of ten years, or in the military service of the state as a commis-
sioned officer for fifteen years, may, upon his own request, be
placed upon the retired list and withdrawn from activ^ service
and command by the governor, and for faithful and meritorious
service, may be given rank one grade higher than he holds at the
time of retirement. Any commissioned officer who has become or
shall hereafter become disabled, and thereby incapable of per-
forming the duties of his office, shall be withdrawn from active
service and command and placed on the retired list. Any com-
missioned officer who has become, 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 the recommendation of an inspecting
officer. Such retirement or discharge shall l)e by order of the gov-
ernor, and, in either case, 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 ser-
vice, 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 examina-
tion 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 service,
shall report such fact to the governor, stating cause of incapacity,
whether from disability, unfitness, 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 sAvorn to an honest and impartial performance of their duties

1911] Chapter 119. 125

as members of such board. No officer shall be placed upon the
retired list or discharged by the action of such board without hav-
ing had a fair and full hearing before the board, if u])on due
notice he shall demand it. It shall not be necessary to refer any
case for the action of such board arising under this section, unless
the officer designated to be placed upon the retired list or dis-
charged 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 N^ew Hampshire National Guard shall be
appointed by the governor for all officers. The governor may
withdraw from active service and command 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 recom-
mendation of the commanding officer of his organization and the
commanding officer of the New Hampshire National Guard. Va-
cancies created by the operation of this section shall be filled in
the same manner as other vacancies.

Sect. 5. Amend sections 101 and 102 by striking out the fand taken

^ for encamp-

whole of said sections and inserting in place thereof the following : ment, assess-

Sect. 101. Upon petition of the owner of the land so occupied ages; appeal

to the county commissioners, and hearing thereon, fourteen days' ment.^^^^^^'

notice of which hearing shall be given to the adjutant-general, they

shall assess the damages occasioned 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 or the adjutant-general is dissatisfied with the damages

assessed, he may, at any time within thirty days from such return

to the adjutant-general, 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. 6. Amend section 148 by striking out, in the eleventh, Pay tor sun-
twelfth and thirteenth [seventh and eighth] lines thereof, the ^^ services,
words ''and at which two thirds of the organization drilling is
actually present," so that said section, as amended, shall read;
Sect. 148. Officers, non-commissioned officers, musicians and
privates shall be paid for attendance and performance of duty
at the several rifle and revolver competitions when ordered by the
commander-in-chief, the same pay and allowance as when ordered
to attend encampments, and fifty cents each for duty at the annual
inspection, and for attendance at each of the twenty-four drills
required by this chapter which lasts at least one and one-half
hours, officers and men shall be paid at the following rate : captain,
one dollar; first lieutenant, eighty cents; second lieutenant, sixty
cents ; first sergeant, fifty cents ; sergeant, forty-five cents ; cor-
poral, thirty-five cents; musician and private, twenty-five cents;

126

Chapter 120.

[1911

Repealing
clause; act
takes effect
on passage.

and 'provided further that there shall be stopped against any offi-
cer or enlisted man to whom money may be due under the provi-
sions of this act, all fines or other indebtedness to the state or
the United States, or for the loss 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 stop-
page shall be deducted from the total amount due him at the
regular settlement.

Sect. 7. All acts and parts of acts inconsistent with this act
are hereby repealed, and this act shall take effect upon its pas-
sage.

[Approved April 7, 1911.]

CHAPTER 120.

AX ACT FOK THE EEGULATIOX OF TRUST AXD BANKINO COMPA-
NIES.

SectioM
1. To

?iu business within four

years of incorporation.
Repeal of provisions as to sale of

bonds, etc.; charters amended.
Dividends, how declared and paid.

SECTIOI4

4. Amount of cash reserve.

5. Guaranty fund.

6. Personal liability of stockholders.

7. Repealing clause; act takes effect

on passage.

Be it enacted In/ tlie Senate and Honse of Representatives in
General Court convened:

To begin
business
within four
years of in-
corporation.

Repeal of
prior provi-
sions;

amendment
of charters.

Section 1. Every trust company, banking company, loan
and banking company, or similar corporation, incorporated for
the purpose of doing the business of a trust company or a general
banking business shall organize and commence business within
four years from the date of its incor^ioration ; otherwise, its char-
ter shall become void ; and if any such corporation holding a char-
ter on the first day of January, 1911, and not having commenced
the transaction of business, shall fail to organize and commence
business within four years from said first day of January, 1911,
its charter shall thereby be rendered void.

Sect. 2. Any provision of law regarding trust companies, bank-
ing companies, loan and banking companies, or similar corporations,
whether contained in the general statutes or in the charter of any
institution incorporated by this state, which authorizes or permits
such company to issue, sell, or negotiate its own bonds or mortgage
securities, or its own choses in action secured by mortgage of real
estate which are to be issued, sold, or negotiated as investments,
or which authorizes or permits it to guarantee the bonds, mortgage
securities, or other choses in action of other persons or corpora-

1911] Chapter 120. 127

tioiis issued, sold, or negotiated as investments, or which author-
izes or permits it to engage in the business of marine, lire, or life
insurance, or fidelity, surety, accident, health, liability, credit,
title, or other form of casualty insurance, is hereby repealed ; and
to that extent this act shall be an amendment to the charter of
every trust company or similar corporation, and it shall not be
necessary for such companies, or any of them, to accept said
amendment. The provisions of this section shall not apply to any
corporation or company actually engaged on the first day of Jan-
uary, 1911 in the business of fidelity and surety insurance in so
far as the right of such company to continue such business of fidel-
ity and surety insurance is concerned.

Sect. 3. The directors of any state bank, trust company, loan Dividends,
and banking company, or similar corporation, in determining divi- and pa^id.^'^^
dends on its capital stock shall vote thereon by yeas and nays,
which vote shall be entered on the records; and no such bank or
company shall declare any dividend except from its earnings re-
maining after deducting all losses, all sums due for expenses, and
all overdue debts upon which no interest has been paid for a
period of six months, unless the same are well secured and in proc-
ess of collection. The directors voting for any dividend declared
in violation of any of the provisions of this section shall be fined
fi\'e hundred dollars, for which sum they shall be jointly and sev-
erally liable.

Sect. 4. Every state bank, trust company, or similar corpora- cash reserve,
tion, doing a general, banking business, shall at all times have on
hand in lawful money of the United States an amount equal to
at least fifteen per cent, of the aggregate amount of its deposits
in its banking or commercial department,^ — two thirds of which
reserve may consist of balances due the institution from other
banks approved by the board of bank commissioners. Xo new
loan or investment may be made when a bank's reserve is not in ac-
cord with the requirements of this section.

Sect. 5. Every such company shall set aside annually a sum Guaranty
equal to not less than ten per cent, of its net earnings as a guar- ^""*^'
anty fund until such fund amounts to twenty-five per cent, of its
capital stock, which fund shall be invested in the same manner
as deposits in savings banks may be invested.

Sect. 6. The stockholders in any such corporation shall be Personal
personally liable, equally and ratably, and not one for another, stockholders,
for all contracts, debts and engagements of the corporation to the
amount of their stock therein at the par value thereof, in addition
to the amount invested in such shares; provided however, that
the provisions of this section shall not apply to the stockholders
in such corporations as were actually engaged in the transaction
of business on the first dav of January, 1911.

128

Chapter 121.

[1911

?iluse"°fct _Sect. 7. All acts and parts of acts inconsistent with the pro-
takes 'effect visions of this act are hereby repealed, and this act shall take ef-

on passage. . . j l ■>

lect upon its passage.

[Approved April 11, 1911.]

CHAPTER 121.

AN ACT TO PREVENT INFLAMMATION OF THE EYES OF THE NEW-
BORN BABE^ OR SO-CAELED OPHTHALMIA NEONATORUM.

Section

1. State board of health may make reg-

ulations.

2. Enforcement of regulations.

Section

3. Penalty for violation.

4. Repealing clause; act takes effect on

passage.

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

state board of
health may
make regula-
tions.

Enforcement.

Penalty.

Repealing
clause; act
takes effect
on passage.

Section 1. The state board of health is hereby vested with
power and authority to publish such information and instruction
and to make such rules, regulations and ordinances as it may deem
expedient to prevent the development of inflammation of the eyes
of the new-born babe, or so-called ophthalmia neonatorum, in pub-
lic hospitals or institutions in which midwifery is practised either
wholly or in part, and in connection with the practice of legally
licensed midwives.

Sect. 2. Said state board of health is authorized to enforce
its rules, regulations and ordinances through its inspectors, or
through the local boards of health.

Sect. 3. Any person violating any rule, regulation or ordi-
nance of said state board of health regarding the prevention of
ophthalmia neonatorum shall be guilty of a misdemeanor.

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 12, 1911.]

1911

Chapters 122, 123.

129

CHAPTER 122.

AN ACT TO AMEND SECTION 5, CIIAPTEK 184 OF THE PUBLIC STAT-
UTES, KELATIVE TO TIMES FOR HOLDING COURTS OF PROBATE.

Section
1. For Merrimack county, when held.

Section
2. Takes effect May 1, 1911.

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

Section 1. That section 5 of chapter 184 of the Public Stat- For Merri-
utes is hereby amended by adding to said section the words except when held.
the month of August ; so that the said section shall be as follows :
For the county of Merrimack — at Concord on the second and the
fourth Tuesdays of eyery month, except the month of August.

Sect. 2. This act shall take eft'ect on and after the first day Jakes effect
of May, 1911.

[Approyed April 12, 1911.]

May 1, 1911.

CHAPTER 123.

AN ACT IN RELATION TO THE DESTRUCTION OF TRAPS AND TO THE
INSPECTION THEREOF.

Section

1. Taking or destroying trap, penalty.

2. Neglect to visit trap, penalty.

Section
3. Takes effect in passage.

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

Section 1. Any person who shall take or destroy any trap Taking or de-
set for any wild animal, or take therefrom any wild f urbearing p/nJ/ty^ ^^^^'
animal without the consent of the owner shall be fined not exceed-
ing ten dollars for each trap destroyed, and double the yalue of
the animal taken therefrom.

Sect. 2. Any person setting traps for any furbearing animals Neglect to
of commercial yalue, who neglects to yisit such traps for a period penaity.^^'
exceeding twenty-four hours, shall be fined not exceeding ten dol-
lars for each trap so neglected, and all said traps shall be for-
feited.

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

Takes effect
on passage.

[Approyed April 12, 1911.]

130

Chapters 124, 125.
CHAPTER 124.

[1911

Deputy coun-
ty officers,
terms of.

AN ACT TO AMEND SECTION 9 OF CHAPTER 25 OF THE PUBLIC STAT-
UTES RELATING TO COUNTY OFFICERS.

Section 1. Deputy county officers, terms of.

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

Section 1. Amend section 9 of chapter 25 of the Public Stat-
utes by striking out the words "six months" in the seventh line
and inserting in place thereof the Avords two years so that said
section as amended shall read as follows: Sect. 9. Clerks of
court, registers of deeds, and registers of probate may each appoint
deputies to perform the duties of their several offices in case of
sickness or the temporary absence of the officer making the ap-
pointment. Such appointment shall be made in writing, and shall
be approved by the bondsmen of the officer appointing and by the
county commissioners, and for a length of time not exceeding two
years, and each officer shall be held responsible for any neglect
or official misconduct of his deputy, and shall pay all charges for
his services. The deputies shall be qualified and give bonds in the
same manner as the officers appointing them.

[Approved April 12, 1911.]

Protection in
Grafton and
Coos counties,

CHAPTER 125.

AN ACT IN AMENDMENT OF SECTION 40 OF CHAPTER 79 OF THE
LAWS OF 1901 AS AMENDED BY SECTION 8 OF CHAPTER 36 OF
THE LAWS OF 1907, RELATING TO WOODCOCK.

Section 1. Protection in Grafton and Coos counties.

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

Section 1. Amend section 40 of chapter 79 of the Laws of
1901 as amended by section 8 of chapter 36 of the Laws of 1907
by adding at the end of said section the following : except that in
Coos and Grafton counties woodcock may be killed between the
fifteenth day of September and the first day of December next
following ; so that said section 40 as amended shall read as follows :
Sect. 40. If any person shall, between the first day of Decem-
ber in any year and the first day of October next following, take,
kill, or have in possession any woodcock, rufPed grouse, partridge,

1911] Chapters 126, 127. 131

quail, or Wilson snipe, or shall at any time take, kill, or have in
possession any of said birds, except for consumption as food
within the state, he shall be fined ten dollars ($10) for each bird
so taken, or imprisoned sixty days, or both; except that in Coos
and Grafton counties woodcock may be killed between the fif-
teenth day of September and the first day of December next fol-
lowing.

[Approved April 12, 1911.]

CHAPTER 126.

AN ACT TO PREVENT THE POLLUTION OF THE WATER IN LOON POND
IN THE TOWN OF HILLSBOROUGH.

Section

1. Ice-fishing prohibited.

2. Penalty for violation.

Section
3. Takes effect on passage.

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

Section 1. All persons are prohibited from fishing through ice-fishing
the ice from the date of the passage of this act on Loon pond in p''°^i^^^^**-
the town of Hillsborough.

Sect. 2. If any person shall violate the provisions of this act Penalty,
he shall be punished by a fine of ten dollars for each offense.

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

on passage.

[Approved April 12, 1911.]

CHAPTER 127.

AN ACT RELATING TO THE INCOMPATIBILITY OF ELECTION OFFICERS.

Section | Section

1. Certain offices incompatible. I 2. Takes effect on passage.

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

Section 1. No supervisor of the check list shall act as mod- certain offices

, 11 T, n X • X incompatible.

erator, clerk or ballot inspector.

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

on passage.

[Approved April 12, 1911.]

132 Chapters 128, 129. [1911

CHAPTER 128.

AN ACT TO REPEAL AN ACT FOE THE BETTER PROTECTION OF TROUT,
APPROVED MARCH 22, 1911.

Section i Section

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

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

Prior act re- SECTION 1. An act approved March 22, 1911, entitled "An
^^^ ^ ■ Act for the Better Protection of Trout," is hereby repealed.

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

on passage. ^ i o

[Approved April 12, 1911.]

CHAPTER 129.

AN ACT IN RELATION TO THE POWERS OF JUDGES OF PROBATE.

Section i Section

1. Empowered to enforce decrees. I 2. Takes effect on passage.

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

Empowered to Section 1. The judge of pi'obatc shall have power to enforce
crees. all ordcTs and decrees made by him in the exercise of any author-

ity or jurisdiction which is or may be conferred upon him, and
to punish contempts of his authority, as the superior court has in
like cases.
Takes effect Sect. 2. This act shall take effect on its passage.

on passage. "

[Approved April 12, 1911.]

1911] Chapter 130. 133

CHAPTER 130.

AN ACT TO PKOVIDE FOR TJIE ACQUISITION BY THE STATE OF THE
CKAWFORD NOTCH^ SO CALLED, IN IIAKt's LOCATION AND CON-
TIGUOUS TERRITORY, AS A FOREST RESERVATION AND STATE PARK.

Section I Section

1. Purchase of lands authorized. 4. Lands to be held as forest reserva-

2. May be taken by eminent domain.

3. Appropriation of $100,000; issue of

bonus authorized.

tion.
5. Takes effect on passage.

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

Section 1. The goveraor, with the a«lvice of the coinicil, is Purchase au-
hereby empowered to acquire on behalf of the state, bv purchase,
if in their judgment it can be purchased at a fair valuation from
the owners thereof, such lands lying in Hart's Location and the
towns and unincorporated places immediately adjacent thereto,
and the wood and timber standing thereon, and constituting or
being a part of the Crawford !Xotch, so called, as said governor
and council, aided bv the advice of the forestry commission, may
deem necessary for the preservation of the forests in said notch,
and to accept deeds thereof in the name of the state, the aggregate
purchase price of such lands, wood and timber not to exceed the
maximum amount appropriated by this act.

Sect. 2. In case the owner or owners of any land, wood and Right of emi-
timber deemed necessary by the governor and council for the pur-
pose aforesaid decline to sell the same for a price deemed reason-
able by the governor and council, said governor and council are
hereby empowered to take and appropriate the same for the use of
the state by causing a survey or location of such land, wood and
timber to be prepared under their direction and filed with the
secretary of state, and by applying to the supreme court to ap-
point a commission of three members to assess the damages to the
owner or owners. Upon such filing and application, the title to
such land, wood and timber shall vest in the state. Said commis-
sioners, upon reasonable notice to all parties interested and a
hearing thereon, shall assess and award damages to the owner or
owners of such land, wood and timber and file their assessment
and award in writing with the secretary of state within ten days
after the same is completed. Such owner or owners, or the state,
if dissatisfied with said award, may appeal therefrom to the supe-
rior court for the county wherein the land, wood and timber is
situate, and shall be entitled to an assessment of said damages by
a jury on such appeal, by filing in the office of the clerk of said
court a petition for that purpose within thirty days after the
filing of said award, with the secretary of state as aforesaid ; such

134 Chapter 130. [1911

appeal to be prosecuted or defended by the attorney-general under
the advice of the governor and council.
Appropria- Sect. 3. For the purpose of carrying out the provisions of

$100,000. this act such a sum as may be necessary, not to exceed one hundred

thousand dollars ($100,000), is hereby appropriated and shall be
provided in the manner following : The state treasurer, under the
direction of the governor and council, shall issue scrip or certifi-
cates of indebtedness to such amounts as may be necessary to pay
for the lands, wood and timber purchased or condemned as afore-
said, not exceeding in the aggregate the amount aforesaid. Such
scrip or certificates shall be issued as registered bonds with inter-
est coui)ons attached, and shall bear interest at a rate not exceed-
ing three and one half per cent per annum ; they shall be desig-
nated on the face thereof, Crawford Xotch Bonds, and shall be
deemed a pledge of the faith and credit of the state, and the prin-
cipal and interest thereof shall be paid at the time specified
therein in gold coin of the United States or its equivalent. Such
scrip or certificates shall be sold or disposed of at public auction
or in such other manner, at such prices, in such amounts and at
such rates of interest, not exceeding the rate above specified, as
the state treasurer shall deem advisable, and shall l)e issued in
such denominations, each certificate being for not less than one
hundred dollars ($100) nor more than one thousand dollars
($1,000) as he shall deem advisable. They shall be made payable
at such time or times, not exceeding in the case of any certificate
twenty years from the date of its issue, as the state treasurer may
deem advisable or the governor and council may direct, and at the
expiration of the time so fixed interest thereon shall cease.
To be held as Sect. 4. All lands acquired under the provisions of this act
vltk>n!^^^^^' shall be held by the state for the purposes of a forest reservation
and state park, and the care and management thereof shall be
vested in the forestry commission. Such land shall at all times
be open to the public, under such rules and regulations as the for-
estry commission, with the approval of the governor and council,
may prescribe. Said conanission shall cause or permit no live
timber to be removed from such lands without the approval of the
governor and council, except for the purpose of improving the
forest growth thereon; but timber not needed for forest conser-
vation, or for the preservation of the scenic beauty of said notch,
may be sold therefrom M'ith the a|)})ro\'al of the governor and
council, and the proceeds of all such sales shall be paid into the
state treasury by said commission and shall constitute a special
fund, to be applied solely towards the payment of the interest and
principal of the scrip or certificates issued under the preceding
section, so far as needed for that purpose.

Sect. 5. This act shall take eft'ect upon its passage.

Takes effect
on passage.

[Approved April 12, 1011.]

1911] Chapters 131, 132. 136

CHAPTER 131.

AN ACT RELATING TO THE DUTIES OF THE STATE TEEASUREE.

Section
1. To receive insurance company depos-
its.

SECTION'

2. Takes effect on passage.

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

Section 1. In all cases in which the laws of any other state T° receive
of the United States now require and may hereafter require that conipany de-
the insurance companies incorporated by the laws of other states p°^^*^-
shall deposit with some ofheer of the state in which such insurance
company is incorporated, stocks or other securities in trust or for
the benefit of policy holders of such companies as a condition for
doing business in such other states, the state treasurer shall receive
from any insurance company incorporated under the laws of this
state stocks or other securities, in such amount as may be required
by the laws of such other state or states, on deposit in trust for the
benefit of the policy holders of such company.

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

lie on passage.

[Approved April 12, 1911.].

CHAPTER 132.

AN ACT IN AMENDMENT OF CHAPTER 220 OF THE PUBLIC STATUTES
RELATING TO THE ATTACHMENT OF BULKY ARTICLES AS
AMENDED BY CHAPTER 43, SECTION 1, OF THE LAWS OF 1905,
AND AS FURTHER AMENDED BY CHAPTER 44 OF THE LAWS OF
1907.

Section . Section

1. Bulky articles, how attaclied. | 2. Takes effect on passage.

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

Section 1. Amend section 16 of chapter 220 of the Public Bulky arti-
Statutes as amended by the foregoing acts by inserting after the tached°^ *''
word "officer" in the second line thereof the words taking posses-
sion to levy upon or, and by inserting after the word "of where it
occurs for the second time in the twenty-sixth line thereof the
words such taking possession or, so that said section as amended
shall read: Sect. 16. The officer taking possession to levy

136 Chapter 132. [1911

upon or attaching grain untbresbed, bay, potatoes, leaf tobacco,
lumber, bark, wood or otber fuel, bricks, stone, lime, gypsum, ore,
manufacturing or otber macbinery, bides in tbe process of tan-
ning, any building situate on land not belonging to tbe owner of
tbe building, portable engines, portable saw mills, automobiles,
doors, blinds, window sasb, lumber in process of manufacture,
jnanos, organs, sucb botel furniture and bousebold goods as are
not exempt from attachment or levy on execution, railroad cars in
tbe process of building, cattle, sbeep, borses and otber live ani-
mals wbicb are subject to attachment, wagons, carriages, sleds,
sleighs, and all otber vehicles, flax in the raw state, or in process
of curing or manufacturing, tobacco in tbe process of curing,
starch, flour, sugar, cotton in bales or in process of manufacturing,
hops, saw-logs, ashes, stone, bark, hives of bees, bay scales, corn
on tbe cob, cornstalks, corn in the husk, staves or shooks, derricks
and tbe tackle and appendages connected therewith, utensils and
apparatus kept on a farm for tbe manufacture of maple sugar,
pig iron, bloomed iron, scrap iron, railroad iron, railroad ties,,
fence posts or rails, iron and steel safes, horse power and other
threshing machines, stone channeling or cutting machines, drill-
ing and marble boring machines, boats, launches and all otber
articles which by reason of their size, situation, fluidity, explosive
or inflammable qualities, are incapable of being conveniently
taken into actual possession, may within forty-eight hours there-
after leave an attested copy of the writ and of his return of such
taking possession or sucb attachment thereon at the home or office
of tbe city or town clerk in the same manner as attachment of
real estate is made except as to place of filing tbe copy of tbe writ
and return thereon; and in sucb cases tbe attachment shall not
be dissolved or defeated by any neglect of the officer to take ac-
tual possession of the property. Service may be made on the de-
fendant, before or after leaving the attested copy of tbe writ as
aforesaid.
Takes effect Sect. 2. This act shall take effect upon its i^assage.

on passage. ^ i o

[Approved April 12, 1911.]

1911]

Chapter 133.

137

CHAPTEE 133.

AN ACT KEPEALING CHAPTEK S6 OF THE LAWS OF 1905 AND CHAP-
TEE 154 OF THE LAWS OF 1909, AND ENACTING A MOTOR
VEHICLE LAW.

Section

1. Meaning of terms used.

2. Registration by owner; transfers;

determination of horse power.

3. Operation and registration by non-

resident.

4. Registration by manufacturer or

dealer.

5. Number plates on automobiles.

6. Number on motor cycles.

7. Brakes, mufflers, horns, and lights.

8. Licensing of operators.

9. Operation without license, when.

10. License and registry certificate to

be on vehicle.

11. Unlicensed chauffeur not to be em-

ployed.

12. Management of vehicle in proximity

to horses, etc.

13. Speed to be reasonable and proper.

14. Unreasonable speed, what consti-

tutes.

15. Special municipal regulations.

Section

16. Penalties for violations.

17. Suspension and revocation of li-

censes.
IS. Penalties for sundry offenses.

19. Operating recklessly or while in-

toxicated, etc., penalty.

20. Duty of operator in case of accident.

21. Refusal to comply with demands of

police, etc., penalty.

Convictions to be reported to secre-
tary of state.

Secretary of state may compel at-
tendance of witnesses, etc.

Records to be open to Inspection.

Garages to keep record of unregis-
tered vehicles.

Fees for registration, licenses, etc.

Fees and fines, disposition of.

List of registered vehicles to be
printed.

Takes effect, when; repealing clause.

22.

24.

26.
27.
28.

29.

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

Section 1. Terms used in this act i^liall be construed as fol- Meaning of
lows, unless a different meaning is clearly apparent from the lan-
guage or context, or unless such construction is inconsistent with
the manifest intention of the legislature :

Secretary shall mean the secretary of state for the State of
New Hampshire.

Automobile shall include all motor vehicles except motor cycles.

Chauffeur shall mean any person who operates a motor vehicle
other than his own, and who directly or indirectly receives com-
pensation therefor.

Dealer shall include every person who actually is engaged in
the business of buying, selling or exchanging motor vehicles on
commission or otherwise, or any person who lets for hire two or
more motor vehicles.

Garage shall mean every place where five or more motor ve-
hicles are stored or housed at any one time, except only such
places in which motor vehicles are kept by the owners thereof
without pajTnent for storage.

Intersecting w^ay shall mean any way which joins another at
an ano'le. whether or not it crosses the other.

138

Chaptek 133.

[1911

Registration
by owner;
transfers;
determination
of horse
power.

Motor cycle shall aj^ply only to motor vehicles having but two
wheels in contact with the ground and with pedals and a saddle
on which the driver sits astride.

Motor vehicles shall include automobiles, motor cycles, and all
other vehicles used upon highways, propelled by power other than
muscular power, except railroad and railway cars and motor ve-
hicles running only upon rails or tracks, ambulances, fire engines
and apparatus, police department vehicles, road rollers and street
sprinklers,

Xon-resident shall apply to residents of states, districts or
counties who have no regular place of abode or business in this
state for a period of more than three months continuously in the
calendar year.

Xumber plate shall mean the sign or marker furnished by the
secretary, on which is displayed the register number or mark of a
motor vehicle assigned to such motor vehicle by the secretary.

Operator shall mean any person who operates a motor vehicle,
other than a chauffeur.

Person, wherever used in connection with the registration of a
motor vehicle, shall include all corporations, associations, partner-
ships, companies, firms or other aggregations of individuals who
own or control such vehicles, in any capacity, or for any purpose.

Police officer or officer shall include any constable or other
officer authorized to make arrest or serve process.

Thickly settled or business part of a city or town shall mean
the territory of a city or town contiguous to any way which is
built u]) with structures devoted to business, or the territory of
a city or town contiguous to any way where the dwelling houses
are situated at such distances as will average less than one hundred
feet between such dwelling houses for a distance of a quarter of
a mile or over.

Way shall mean any public highway, street, avenue, road, alley,
park or parkway, or any private way laid out under authority of
statute.

Sect. 2. Application for the registration of motor vehicles
may be made by the owner thereof, by mail (^r otherwise, to the
secretary, upon blanks prepared under his authority. The appli-
cation shall contain, in addition to such other particulars as may
be required by the secretary, a statement of the name, place of
residence and street address of the applicant, with a brief descrip-
tion of the motor vehicle, including the name of the maker, the
number, if any, affixed by the maker, the character of the motor
power and the amount of such motor ])ower stated in figures of
horse-power. The proper registration fee, as provided in section
26, shall be deposited before said application is granted. The sec-
retary or his dulv authorized asent shall then register in a book

1911] Chapter 133. 139

or upon suital)le index cards to he kept for the purpose, the motor
vehicle descrihed in the a])plication, giving to said vehicle a dis-
tinguishing nuniher or other mark to he known as the register
number for said vehicle, and shall thereupon issue to the ap-
plicant a certificate of registration. Said certificate shall contain
the name, place of residence and address of the a])])licant and
the register number or mark, and shall be in such form and con-
tain such further information as the secretary shall determine.
An applicant for the registration of a motor vehicle who does not
file his application therefor unlil after the thirtieth day of Sep-
tember in any year shall be entitled to a reduction in the fee for
such registration as ])rovided in section 20. Upon the transfer
of ownership of any motor vehicle, its registration shall expire,
and the ]:)erson in whose name such vehicle is registered shall re-
turn forthwith the certificate of registration to the secretary
with a written notice containing the date of such transfer of
ownership and the name, place of residence an<l address of the
new owner. A perscin who transfers the ownershiji of a registered
motor vehicle owned by him to another, upon the filing of a new
application, and upon the payment of the fee as provided in sec-
tion 26, may have registered in his name another motor vehicle
for the remainder of the calendar year, provided the horse-power
of said motor vehicle is the same or less than that of the motor
vehicle first registered by him, but if the horse-]:)ower of the motor
vehicle is greater than that of the motor vehicle first registered by
him the applicant shall pay, in addition to the said fee, the differ-
ence between the fee paid by him for the said vehicle first regis-
tered and the fee for the registration of a motor vehicle of the
higher horse-power as provided in section 26. The secretary, at
his discretion may assign to the motor vehicle of anv person who
surrenders his registration certificate, as herein provided, and
who desires to register another motor vehicle, the register num-
ber of the motor vehicle described in the surrendered certificate.
Said secretary shall furnish at his office, without charge, to every
person whose automobile is registered as aforesaid, two number
plates of suitable design, each number plate to have displayed \\])on
it the register number assigned to such vehicle, the letters N. H.
and figures showing the year of the issue, but no such number
plates shall be furnished by the secretary for motor cycles. The
horse ])ower of every motor vehicle sought to be registered shall be
determined by the secretary, and such determination shall bo
final. In determining such horse power the secretary may employ
the rating established by the Association of Licensed Automobile
INfanufacturers, so far as the same may be applicable, or any other
test or formula by which such horse power may be mathematically
ascertained ; and if no such test or formula can be had the secre-
tary may use the highest rated power as given by the manufac-
turer, or otherwise cause the horse power to be tested. The regis-

140

Chapter 138.

[1911

Operation and
registration
by non-resi-
dent.

Registration
by manufac-
turer or
dealer.

tration of every motor vehicle shall expire at midnight upon the
thirty-first day of December of each year, imless otherwise pro-
vided.

Sect. 3. A motor vehicle owned by a nonresident of this state,
who has complied with the laws of his state, district or country,
relating to registration and licensing of motor vehicles, may be
operated on the ways of this state for a period not exceeding ten
days in any one calendar year without registration, except as
otherwise provided in section 9. In estimating the number of
days of use by a nonresident under the foregoing privilege, any
fractional part of a day's use within this state shall be held to be
a day. Every such vehicle so operated shall have displayed upon
it the distinguishing number or mark of the state, district or
country in which the owner thereof resides, and none other, until
the vehicle is registered in accordance with the provisions of this
act. A motor vehicle so owned may be operated also in this state
during the months of July, August, and September in any year
if application for the registration thereof is made in accordance
with the provisions of section 2 and the proper fee provided for
in section 26 is paid and the said vehicle is duly registered by the
secretary or his authorized agent. The secretary shall furnish
at his office, without charge, to every person whose automobile is
registered as aforesaid, two number plates of suitable design, and
triangular in shape, each number plate to have displayed upon it
the register number assigned to such vehicle, the letters I^. H.,
and figures show^ing the year of the issue, but no such number
plates shall be furnished by the secretary for motor cycles. Every
application filed under the provisions of this section shall be
sworn to by the applicant before a justice of the peace or a notary
public. Every such registration shall expire at midnight upon
the thirtieth day of September in each year.

Sect. 4. Every manufacturer or dealer in motor vehicles may
make application, upon a blank provided by the secretary, for a
general distinguishing number or mark, instead of registering
each motor vehicle owned or controlled by him, and with such
application shall be deposited the registration fee as herein pro-
vided, and the secretary may grant such application if satisfied
of the facts stated therein, and issue to the applicant a certificate
of registration, containing the name, business address of the appli-
cant, and the distinguishing number or mark assigned to him,
and made in such form and containing such further information
as the secretary may determine ; and all motor vehicles owned or
controlled by such manufacturer or dealer shall be regarded a.-4
registered under such general distinguishing numl^er or mark
until sold, or loaned for a period of more than ten successive days.
The secretary shall furnish at his office, without charge, to every
manufacturer of or dealer in motor vehicles whose vehicles are
registered under the provisions of this section six pairs of num-

1911] Chapter 133. 141

ber plates of suitable design, the plates to have displayed upon
them the register number which is assigned to the motor vehicles
of such manufacturer or dealer, with a different letter or letters
or nuirk on each pair of number plates, but no such number plate
shall be furnished by the secretary for motor cycles. Every such
registration shall expire at midnight on the thirty-first day of
December of each year.

Sect. 5. Everv automobile o])crated in or on any wav in this Number

1 n 1 '• • 1 Til- 1 plates on au-

state shall have its register number displayed conspicuously tomobiies.
thereon on the two number plates referred to under the provisions
of sections 2, 3 and 4, one number plate to be attached at the
front and the other at the rear of said vehicle, so that the said
number plates and the register number thereon shall be always
plainly visible. The bottom of each number plate shall be hori-
zontal and at least fifteen and not more than forty-eight inches
from the ground. The said number plates shall be kept clean.
Ko number plates other than such as are procured from the sec-
retary or such as may be authorized by him for temporary use,
except as provided in section 3, shall be displayed on any auto-
mobile so operated, and if any number plate supplied by the sec-
retary is lost or mutilated, or if the register number thereon be-
comes illegible, the owner or person in control of the automobile
for which said number plate was furnished shall apply in writing
to the secretary for a new number plate and deposit with his
application the sum of one dollar for each new number plate, and
thereupon said secretary shall issue to such applicant a permit
allowing him to place a temporary number plate bearing his regis-
ter number upon said automobile until a number plate of the reg-
ular design is made and delivered to said applicant; provided,
however, that all such temporary number plates and the register
number thereon shall conform to the regular number plates and
be displayed as nearly as may be as herein provided for said reg-
ular number plates.

Sect. 6. Every motor cycle operated in or upon any way Number
shall have conspicuously displayed thereon its register number so cycles.
that said register number shall be visible at all times during day-
lia'ht. The letters IST. H. and numerals denoting the vear of the
registration shall also appear with the register number in charac-
ters not less than two inches in height.

Sect. 7. Every motor vehicle, operated or driven upon the Brakes, muf-
public highways of this state, shall he provided with adequate and^' lights.^'
brakes in good working order and sufficient to control such vehicle
at all times when the said vehicle is in use, a muffler, a suitable
and a<l equate bell, horn or other device for signaling, and shall,
during the period frcmi one half hour after sunset to one half
hour before sunrise, display at least two lighted lamps on the
front and one on the rear of such vehicle, which shall also dis-
play a red light visible from the rear. The rays of such rear

142 Chapter 133. [1911

lamp shall shine upon the number plate carried on the rear of
such vehicle in such manner as to render the numerals thereon
visible for at least fifty feet in the direction from which the motor
vehicle is proceeding. The light on the front lamps shall be vis-
ible at least two hundred feet in the direction in which the motor
vehicle is proceeding,
operaforf °^ Sect. 8. Except as herein otherwise j^rovided, no person shall
operate a motor vehicle within this state until he shall have first
obtained a license for that purpose. Application to operate motor
vehicles may be made, by mail or otherwise, to the secretary, upon
blanks prepared under his authority. Application for license to
so ojjerate shall be accompanied with the proper fee as elsewhere
provided for in this act. Before a license is granted to any per-
son, except to a nonresident, who has not been heretofore licensed
to .ojjerate a motor vehicle in this state, the ap]dieant shall pass
an examination as to his qualifications, which examination shall
be such as the secretary shall prescribe, and no license shall be
issued until the secretary is satisfied that the applicant is a proper
person to receive it. Xo operator's license shall be issued to any
person under sixteen years of age. To each person to whom an
operator's license is granted by the secretary shall be assigned
some distinguishing number or mark, and the licenses issued shall
be in such form and subject to such conditions of limitation or
otherwise as the secretary may deem expedient. License certifi-
cates shall contain the distinguishing number or mark assigned
to the licensee, his name, place of residence and address, and a
brief descri])tion of the licensee, for the purposes of identification ;
together with such other information as the secretary may deem
necessary. A person to wdiom a license to operate automobiles
has been issued, unless such license contains a special limitation
or restriction, may operate any registered motor cycle. Special
licenses shall be issued to chaufi^eurs who have passed a chauffeur's
examination, and the secretary shall furnish to every chaufi'eur a
suitable metal badge, with the distinguishing number or mark
assigned to him thereon, wuthout extra charge therefor, but no
such license shall be issued to any person less than eighteen years
of age. Every person licensed to operate automobiles as afore-
said shall endorse his usual signature on the margin of the license,
in a space provided for the purpose, immediately upon receipt of
said license, and such license shall not be valid until so endorsed.
All chauffeurs' and operators' licenses issued during the year
1912 shall expire at midnight on December 31, 1912, and there-
after all such licenses shall expire at midnight on December 31st
of the year of their issue. All applications for licenses to oper-
ate motor vehicles shall be sworn to by the applicant before a jus-
tice of the peace or a notary public. A person whose motor cycle
has been registered in accordance with the provisions of this act
may operate such motor cycle without a license from the secre-

1911] Chapter 133. 143

tary, and the certificate of registration for said vehicle shall be
evidence of the right of the owner thereof to o])erate it while such
registration is in force.

Sect. 0. Xo person shall operate a motor vehicle upon any operation
way in this state unless licensed under the provisions of this act, Tense" when,
except as otherwise herein provided, but the ])rovisions of this
section shall not prevent the operation of motor vehicles by un- •
licensed persons, while being taught to operate, if riding with or
accompanied by a licensed chauffeur or operator, excepting only
persons who have been licensed and whose licenses are not in force
because of revocation or suspension for cause and ])ersons less
than sixteen years of age, but said licensed chauffeur or o]3erator
shall be liable for the violation of any provision of this act or any
regulation made in accordance herewith committed by such un-
licensed operator, provided Itoiuever, that the examiners of chauf-
feurs and operators in the employ of the secretary, when engaged
in their official duties, shall not be liable for the acts of any per-
son who is being examined. During the period of ten days within
which a motor vehicle of a non-resident may be operated on the
ways of this state in accordance with the provisions of section 3.
such vehicle may be operated by its owner or by his chauffeur or
employee, without a license from the secretary, if the operator
or chauffeur is duly licensed under the laws of the state, district
or country in which he resides or has com]died fully with the laws
of the state of his residence respecting the licensing of operators of
motor vehicles. No person, except a nonresident, for a period
of not more than ten days, shall operate a motor vehicle as a
chauffeur unless specially licensed by the secretary so to do, and
while so operating every chauffeur shall display conspicuously
the badge furnished to him by the secretary upon his cap, hat or
the front of his outermost coat or garment, so that the distinguish-
ing number or mark assigned to him by the secretary shall be
plainly visible.

Sect. 10. Every person operating a motor vehicle shall have License and
the certificate of registration for said vehicle and his license to b^/ on*^ vehicle,
operate upon his person or in the vehicle in some easily accessible
place ; provided, lioivever, the certificates of registration of dealers
need not be so carried.

Sect. 11. No person shall employ for hire as a chauffeur or unlicensed
operator of a motor vehicle anv person not specially licensed as to^be em-
aforesaid. ■ _ Pi^y^*^-

Sect. 12. Every person having control or charge of an auto- ^f^°gf?™e^°^
mobile or motor cycle, shall, whenever upon any public street or proximity to
way and approaching any vehicle drawn by a horse or horses or °'"®^^'
approaching anv horse upon which any person is riding, operate,
manage, and control such automobile or motor cycle in such a
manner as to exercise every reasonable precaution to prevent the
frightening of such horse or horses and to insure the safety and

14t

Chapter 133.

[1911

Speed to be
reasonable
and proper.

Unreasonable
speed, what
constitutes.

Special mu-
nicipal regu-
lations.

protection of any person riding or driving the same. And, if such
horse or horses appear to be frightened, the person in control of
such automobile or motor cycle shall reduce its speed, and, if re-
quested by the raising of a hand by the rider or driver of such
horse or horses, shall not proceed further toward such animal, and,
in cases of extreme fright, shall upon request reduce the motive
power to a full stop. Upon approaching any intersecting way or
a curve or corner in a way, every person operating a motor vehicle
shall slow down and give timely signal with his bell, horn, or other
device for signaling. The driver of any motor vehicle on any
higliAvay, approaching a crossing of ways, shall slow down and
keep to the right of the intersection of the centers of both ways
when turning either to the right or to the left.

Sect. 13. Every person operating a motor vehicle on any way
shall run it at a rate of speed at no time greater than is reasonable
and proper under all the circumstances, ha\'ing regard to traffic
and the use of the way and the safety of the public.

Sect. 14. If any person shall operate a motor vehicle on
any way at a rate of speed greater than is reasonable and proper,
having regard to traffic and the use of the way, and the safety of
the public, he shall be punished as provided in section 16 of this
act, and it shall be conclusive evidence of a rate of speed greater
than is reasonable and proper as aforesaid if a motor vehicle is
operated on any way outside of a thickly settled or business part of
city or town at a rate exceeding twenty-five miles per hour for a
distance of a quarter of a mile. It shall be conclusive evidence of
a rate of speed greater than is reasonable and proper as aforesaid
if a motor vehicle is operated on any way inside the thickly settled
or business part of a city or town at a rate of speed exceeding
fifteen miles per hour for the distance of one eighth of a mile,
or if a motor vehicle is operated on any way upon approaching
an intersecting way, or in traversing a crossing or intersection of
ways or in going around a corner or a curve in a street or way
where the operator's or chauffeur's view of the road traffic is ob-
structed, at a rate of speed exceeding ten miles per hour ; provided,
lioivever, that in civil actions this evidence shall be prima facie
only.

Sect. 15. Selectmen of towns, city governments or any board,
department or commission in any town or city, having jurisdic-
tion of the subject matter, may make special regulations as to the
use of motor vehicles upon particular ways, except as to speed,
and may exclude such vehicles altogether from certain ways;
provided, however, that no such special regulation shall be effect-
ive unless it shall have been published in one or more newspapers,
if there be any in the city or town in which the way is situated,
otherwise in one or more newspapers published in the county in
which the city or town is situated, nor unless notice of the same
is posted conspicuously by the city, town, board, department or

1911] Chapter la8. 145

commission making the regulation, at points where any way af-
fected thereby joins other ways, but no regulation shall be valid
which excludes motor vehicles from any state highway or from
any "main highway leading from any city or town to another. iSTo
ordinance, by-law, or regulation now in force in any city or town
or in any park or parkway, which regulates the speed at which
motor vehicles shall be run upon its ways or which excludes such
vehicles therefrom, or which governs or restricts the use of such
vehicles, shall hereafter have any force or effect.

Sect. 16. Unless otherwise herein provided, any person con- Penalties,
victed of a violation of any provision of this act, or of any rule or
regulation under its authority, shall be punished by a fine of not
exceeding twenty-five dollars for the first ofi'ense and not exceeding
one hundred dollars for any subsequent olfense committed during
any calendar year. A complaint against a person for the violation
of any section of this act may be placed on file at the discretion
of the court, if the violation appears to have been unintentional
or if no person or property could have been endangered thereby.
Upon a third or subsequent conviction in the same calendar year
the secretary shall forthwith revoke the license of the person so
convicted, and no new license shall be issued to such person for at
least thirty days after the date of such revocation.

Sect. 17. The secretary may order any license issued to any suspension
person under the provisions of this act to be suspended or revoked, tU)noM°i-^"
after due hearing, for any cause which he may deem sufficient, senses,
and the said secretary may order the suspension of the license of
any operator or chauffeur in his discretion, and without a hear-
ing, and may order the license to be delivered to his office, when-
ever he has reason to believe that the holder thereof is physically
or mentally an improper or incompetent person to operate motor
vehicles, or is oi^erating improperly or so as to endanger the public,
or has made a material false statement in his application, and the
license shall not be reissued unless, upon examination or investi-
gation, or after a hearing, the secretary determines that the oper-
ator should again be permitted to operate.

Sect. 18. Any person convicted of operating a motor vehicle Penaiues.
in this state after his license to operate has been suspended or re-
voked, and any person who attaches or permits to be attached to a
motor vehicle a number plate assigned by the secretary to another
vehicle, or who obscures or permits to be obscured the figures on
any number plate attached to any motor vehicle, or who fails to
display on a motor vehicle proper lights as herein provided, the
number plate, and the register number duly issued therefor, wdth
intent to conceal the identity of such motor vehicle, or wdio wears
a chauifeur's badge not furnished to him by the secretary, or who,
with intent to conceal his identity, wears a chauffeur's badge be-
longing to another person, shall be punished by a fine not exceed-
ing one hundred dollars or by imprisonment not exceeding six
months, or both.

146

Chapter 133.

[1911

Operating
recklessly or
while intoxi-
cated, etc.,
penalty.

Duty of oper-
ator in case
of accident.

Refusal to
comply with
demands of
police, pen-
alty.

Sect. 19. Whoever upon any way operates an automobile or
motor cycle recklessly or while under the influence of intoxicating
liquor, or so that the lives or safety of the public might be en-
dangered, or upon a bet, wager or race, or who operates a motor
vehicle for the purpose of making a record, and thereby violates
any provisions of sections 14 and 15 of this act, shall be punished
by a fine not exceeding one hundred dollars, or by imprisonment
not exceeding six months, or both, and if any person be convicted
a second time of oj^erating an automobile while under the influence
of intoxicating liquor, he shall be punished by imprisonment not
less than one month and not exceeding one year. A conviction
of a violation of this section shall be reported forthwith by the
court or trial justice to the secretary, who shall revoke immediately
the license of the person so convicted. Whenever any person so
convicted appeals, the said secretary shall suspend forthwith the
license of the person so convicted, and shall order him to deliver
his license to said secretary, and shall not reissue said license
unless said person is acquitted in a court having jurisdiction of
the offense charged. ISTo new license or certificate shall be issued
by said secretary to any person convicted of a violation of this
section until after sixty days from the date of such final convic-
tion.

Sect. 20. Any person operating a motor vehicle, knowing that
injury has been caused to a person, shall forthwith bring his
motor vehicle to a stop, return to the scene of the accident, give to
any proper person demanding the same his name and address, the
number of the driver's license, the registration number of the
motor vehicle, and the name and address of each occupant thereof.
Failure to comply with the foregoing requirements shall constitute
a felony, and any person guilty thereof shall be punished by a
fine of not exceeding one thousand dollars, or by imprisonment in
the state prison for not exceeding three years, or both.

Sect. 21. Any person who, while operating or in charge of
a motor vehicle, shall refuse when requested by a police officer
to give his name and address, or the name and address of the
owner of such motor vehicle, or who shall give a false name or
address, or who shall refuse or neglect to stop when signaled to
stop by any police officer who is in uniform, or who dis]^lays his
badge conspicuously on the outside of his outer coat or garment,
or who refuses on demand of such officer to produce his license to
operate such vehicle or his certificate of registration, or to permit
such officer to take the license or certificate in hand for the purpose
of examination, or who refuses on demand of such officer to sign
his name in the presence of such officer, or who refuses or neglects
to produce his license when requested by a court or trial justice
shall be punished l\v a fine of not less than twenty-five nor more
than one hundred dollars.

1911] Chapter 133. 147

vSkct. 22. A full record .shall be kept by e\'ery court or trial i:Oii^i«="o'is to

,. . ,1 . , , P . ^ . / <■' . , T be reported

justice 111 tnis state oi every case iii which a person is charged to secretary
with a violation of any of the i)rovisions of this act or of any other °^ ^'^*^'
act relative to motor vehicles, and an abstract of the record in cases
of conviction shall be sent forthwith by the court or trial justice
to the secretary. Said abstracts shall be made u[)on forms pre-
pared by said secretary and shall include all necessary inform a
tion as to the parties to the case, the nature of the offense, the
date of the hearing, the plea, the judgment and the result, and
every such abstract shall be certified by the clerk of the court or
by the trial justice as a true abstract of the record of the court.
Said secretary shall keep such records in his office, and they
shall be open to the inspection of any person during reasonable
business hours. Said courts and trial justices shall also endorse
upon the back of the license of every person convicted of a viola-
tion of this act the nature of the offense, the date of the hearing-
and the sentence. Said courts and trial justices shall furnish to
the secretary the details of any }>articularly flagrant cases which
may be heard before them. u])on their own initiative, or upon the
request of said secretary, or his agents, and they may make such
recommendations to said secretary as to the suspension or revoca-
tion of the licenses and certificates of registration of the persons
defendant in such cases as they may deem necessary.

Sp:ct. 23. In the administration of the laws and regulations secretary
relative to motor vehicles and to the operators and the operation ^tendanc^^ of
thereof, the secretary may summon witnesses in tiehalf of the state ^'"nesses, etc.
and may administer oaths and take testimony. The secretary may
also cause depositions to be taken and may order the production
of books, papers, agreements, and documents. Any person who
swears or affirms falsely in regard to any matter or thing respect-
ing which an oath or affirmation is required by this act shall be
deemed guilty of perjury. The fees for the attendance and travel
of wituesses shall be the same as for witnesses before the superior
court, and shall be ]^aid by the treasurer upon the warrant of the
governor, the certificate of the secretary having been first filed
with the auditor. The su])reme judicial court or the superior
court shall have jurisdiction in equity, upon the a]iplication of
the secretary, to enforce all lawful orders of the governor and
council or the secretary under this section.

Sect. 24. A proper record of all applications and of all cer- Records to be
tificates and licenses issued shall be kept by the secretary at his gpeaion/"'
office, and such records shall be open to the inspection of any per-
son during reasonable business hours. The secretary may issue
or cause to be issued a certified copy of any certificate of registra-
tion or of any license to operate motor vehicles which may have
been lost or mutilated, upon the written request of the person
entitled thereto, and such certified copies shall have the same
force and effect as the oriijinals.

"^48 Chapter 133. [1911

Sstere°(i vel Sect. 25. Everv manufacturer of and dealer in motor vehi-
Jges!^ '° ^^'^' ^'l^^' ^^^^ every owner, jDroprietor, person in control, or keeper,
of a garage, shall keep or cause to be kept in a book a proper rec-
ord of every automobile not registered in this state which enters
and which leaves his garage, stable or place of business. Said
book shall have blank columns and headings on every page as
prescribed by the secretary. All entries in said book shall be
made legibly in ink. The said book shall be left in some conven-
ient place and shall be open at all times to the inspection of the
secretary and of any police officer or constable.
Etrltio°n, M^' Sect. 26. The secretary or his authorized agents shall collect
censes, etc. fees as f ollows :

For the registration of every motor cycle, three dollars.

For the registration of every commercial motor vehicle and
every motor truck, regardless of the horse-power thereof, ten dol-
lars.

For the registration of every automobile not exceeding fifteen
horse-power, ten dollars.

For the registration of every automobile exceeding fifteen horse-
power and not exceeding thirty horse-power, fifteen dollars.

For the registration of every automobile exceeding thirty horse-
power and not exceeding forty horse-power, twenty dollars.

For the registration of every automobile exceeding forty and
not exceeding fifty horse-power, twenty-five dollars.

For the registration of every automobile exceeding fifty horse-
power and not exceeding sixty horse-power, thirty dollars.

For the registration of every automobile exceeding sixty horse-
power, forty dollars.

For the substitution of the registration of a motor vehicle for
that of a vehicle previously registered in accordance w^ith the pro-
visions of section 2 of this act, two dollars.

For the registration of every motor vehicle owned by a non-
resident who applies for registration under the provisions of sec-
tion 3 of this act, and for the registration of every automobile
during the period beginning with the first day of October and
ending on the thirty-first day of December, in any year, in ac-
cordance with the provisions of section 2 of this act, one half of
the foregoing fees.

For the registration of all the motor vehicles oAvned by or under
the control of a manufacturer of or dealer in motor vehicles, forty
dollars, provided, however, that every dealer shall pay a further
sum of one half the foregoing fees, rated by horse-power, for each
motor vehicle in excess of one which he regularly lets for hire.

For each operator's original license and examination, three dol-
lars ; for each chauffeur's original license, examination and badge,
five dollars ; for all subsequent operator's and chauffeur's licenses,
one dollar.

1911] Chapter 133. 149

For every additional copy of a certificate of registration or li-
cense, fifty cents.

For every additional nund)er plate furnished to replace such as
have been lost, mutilated or which are illegible, and for every
additional number plate furnished to a manufacturer of or dealer
in motor vehicles, whose business requires more than six pairs of
such plates, one dollar.

Provided, however, that said secretary or his authorized agents
may furnish without charge copies of certificates of registration
and licenses to operate and copies of other documents relating
thereto to officers of the state or of any court thereof or of a city
•or town therein, and said secretary may issue certificates of reg-
istration for motor vehicles and licenses to operate the same to
any member of the foreign diplomatic corps without the payment
of the fees therefor.

Sect. 27. The fees and fines received under the provisions Fees and
of this_ act, together with all other fees received by the secretary tiorf'of *^^°^'
or any person under the laws of the state relative to the use and
operation of motor vehicles shall be paid monthly by the secre-
tary or by the person collecting the same to the state treasurer and
shall be used by said treasurer for the payment on warrant of the
governor of such expenses as may be necessary and authorized by
the governor and council to carry out the provisions of law relative
to the use of motor vehicles, and, in so far as its provisions might
be construed to apply to this act, chapter 15 of the Laws of 1909
is hereby repealed. The balance shall be expended for the main-
tenance of highways in accordance with the laws of the state rela-
tive to the improvement and maintenance of highways, said bal-
ance to be in addition to all sums already appropriated or that
may hereafter be appropriated by the general court for the same
purpose.

Sect. 28. The secretary, from time to time, shall prepare a List of vehi-
list of the motor vehicles registered under this act and shall cause p^nted.''^
the same to be printed in pamphlet form and distributed to such
persons as shall make application therefor. He shall also cause
this act and the regulations thereunder to be printed in pamphlet
form for similar distribution. For the purposes of carrying out
the provisions of this act, the secretary may employ such agent or
agents and pay him or them such compensation as the governor
and council shall consider necessary.

Sect. 29. Sections 1, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, Takes effect.
21, 22, 23, 24, 25, and 27 of this act shall take effect on the first rng^ciauir*"
day of ^lay, 1911, and the balance of this act shall take effect at
midnight on the thirty-first day of December, 1911. Such sections
and parts of sections of chapter 86 of the Laws of 1905, and
chapter 154 of the Laws of 1909, as will be inconsistent with the
above designated sections of this act, are hereby repealed, to take
effect on the first day of Hay, 1911, and the balance of said chap-

150

Chapter 134.

[1911

ters 8Q of the Laws of 1905, and 154 of the Laws of 1909, are
hereby repealed to take effect at midnight on the thirty-first day
of December, 1911.

[Approved April 12, 1911.]

CHAPTER 134.

A'N ACT RELATING TO THE LICENSING AND THE EEGULATION OF THE
RECEIVING^ BOARDING AND KEEPING OF INFANTS.

for infants, what

Section

1. Boarding-house

deemed.

2. Licenses, how granted.

3. Revocation of licenses.

4. Licensee to keep records.

5. Unlicensed house, penalty for keep-

ing.

6. Infant in care of stranger, notice of.

7. Regulation of such cases.

8. Neglect to give notice, penalty.

9. Abandonment, what deemed; penalty.

Section

10. Proceedings prior to adoption.

11. State board of charities may assume

custody.

Disposition of infant bastard by
mother.

Burden of proving relationship.

Advertising and solicitation prohib-
ited; penalty.

Neglect and cruelty, notice of; pun-
ishment of.

Takes effect on passage.

12.

13.
14.

15.

16.

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

Boarding-
house for in-
fants, what
deemed.

Licenses, how
granted.

Section 1. Whoever for hire, gain or reward has in his cus-
tody or control at one time, two or more infants under the age
of three years unattended by a parent or a guardian, except in-
fants related to him by blood or marriage, for the purpose of pro-
viding them with care, food and lodging, shall be deemed to main-
tain a boarding house for infants.

Sect. 2. The state board of charities and correction may in
its di.scretion, grant licenses to maintain boarding houses for in-
fants. Every application therefor shall first be approved by the
board of health of the city or town in which such boarding house
is to be maintained. Such license .shall be granted for a term not
exceeding one year, shall state the name of the licensee, the par-
ticular premises in which the business may be carried on, the num-
ber of infants which may be boarded there at one time, and any
further restrictions or regulations which the state board of chari-
ties and correction may deem necessary, and, if required by said
board, it shall be posted in a conspicuous place on the licensed
premises. Xo greater number of infants shall be kept at one time
on the premises than is authorized by the licen.se, and no infant
shall be kept in a building or place not designated in the license.
A record of licenses issued shall be kept by the state board of
charities and correction, which shall forthwith give notice to the

lUllJ Chapter 134. 161

l)oar<l of health of the city or town in which the licensee resides
of the granting of such license and of the terms thereof and any
revocation thereof. The state hoard of charities and correction
and hoards of health of cities an<l towns shall annually, and may,
at any time, visit and inspect, or designate a person to visit and
inspect, premises so license<l. Such premises shall also be subject
to visitation and inspection at any time by the solicitor of the
county and the mayor, selectmen and police officers of the city or
town.

Sect. 3. The state board of charities and correction may re- how revoked.
voke such license in its discretion, and shall note such revocation
upon the face of the record thereof. It shall give written notice
of such revocation to the licensee by delivering the notice to him
in person or by leaving it on the licensed premises.

Sect. 4. Every such licensee shall keep a record, in a form Licensee to
to be prescribed by the state board of charities and correction, of ^^^^ ^^^°^ ^'
every infant received, the date of its reception, the name and ad-
dress of the person from whom it was received, the date of its
<lischarge and the name and address of the person to whom it was
delivered on discharge, and any other facts regarding such infant
which said board may direct. In case of the death of any such in-
fant, the licensee shall give notice thereof to said board within
twenty-four hours thereafter, stating the date and cause of its death,
the duration of its illness, and the names and addresses of the at-
tending physician and undertaker, and shall also enter said facts
upon said record. Said record, together with all wa'itten con-
tracts relative to such infants, shall be open to examination by
any person authorized by this act to inspect the licensed premises.

Sect. 5. Whoever maintains a boarding house for infants, unlicensed

IT 11 11 11C1'* 1 house, penal-

unless licensed thereto by the state board of chanties and correc- ty for keep-
tion, shall be punished by a fine of not more than one hundred
dollars or by imprisonment for not more than one year, or by both
such iine and imprisonment.

Sect. 6. Whoever receives under his care or control, and who- infant in care
ever ]ilaces under the care or control of another for compensa- notke^of.^^'
tion, an infant under three years of age, which is not related by
blood or marriage to the ]ierson receiving it, shall, within two
days thereafter, give notice thereof, and of the terms upon which
such infant was received, to the state board of charities and cor-
rection, with the name, age and residence of the infant, its parents
and the persons from whom or by whom respectively it was re-
ceived.

Sect. 7. The state board of charities and correction, upon Regulation of
receipt of such notice or of any information of such reception, ^"'^
may investia'ate the case and make such recommendations as it
deems ex]~)edient. If they are not complied with, it may apply
to a iustice of the superior court, or to a judge of probate, who,
after notice to the parents of such infant or to the persons deliv-

152

Chapter 134,

[1911

Neglect to
give notice,
penalty.

Abandon-
ment, what
deemed; pen-
alty.

Proceedings
prior to
adoption.

State board
of charities
may assume
control.

Disposition of
bastard by
mother.

ering and receiving it, may make and enforce appropriate orders
for the care, custody, protection and maintenance of such infant,
and on notice may from time to time revise said orders.

Sect. 8. Whoever neglects to give the notice required by sec-
tion 6 or refuses to give information upon request of said board
or to comply with the orders of a court made in accordance with
the provisions of the preceding section shall, upon complaint of an
agent of said board thereto authorized, be punished by a fine of
not more than one hundred dollars or by imprisonment for not
more than one year, or by both such fine and imprisonment.

Sect. 9. Whoever gives to any person an infant under three
years of age for the purpose of placing it for hire, gain or rewar<l
under the permanent control of another person shall be deemed
guilty of the abandonment of such infant. Whoever for hire, gain
or reward receives such an infant for the purpose of placing it
under the control of any other person shall be deemed guilty of
aiding and abetting the abandonment of such infant and shall be
punished by a fine of not more than one hundred dollars or by
im]jrisonment for not more than two years.

Sect. 10. Whoever receives an infant under three years of
age for adoption or for giving it a home or for procuring a home
or adoption for it shall, before receiving the same, ascertain its
name, age and birth ])lace, and the name and residence of its
parent or parents, and shall keep a record of the same, and of
the date of such reception. He shall forthwith upon the rece])-
tion of said infant give notice in writing thereof to the state board
of charities and correction, and upon request of said board shall
give information and render the reports concerning such infant
required by it; and within two days after its discharge shall give
notice in writing to said board of the discharge and disposal of
such infant. Said state board may investigate the case, and, at
any time previous to a decree of adoption, take any such infant
into its custody, if in the judgment of said board the public inter-
est and the protection of the infant so requires.

Sect. 11. The parents, surviving parent or guardian of an
infant under three years of age, if unable to su])port it, may in
writing, with the consent of the state board of charities and cor-
rection, place such infant in its charge if said board considers
such action for the ]iublie interest ; and said board may receive
such infant and shall thereupon have its custody to the extent of
the provisions of chapter 116, of the Laws of 1895 and section 1,
chapter 61, Laws of 1893.

Sect. 12. The mother of an illegitimate infant under three
vears of age, who is a resident of this state and who has previously
borne a good character, may, in writing, signed by her, and with
the consent of said state board of charities and correction, give up
such infant to said board for adoption ; and said state board, if it

1911] Chapter 134. 153

deeiijs sneh action for the ])iib]ic interest, may in its discretion
and on such conditions as it may impose, receive such infant and
])rovide therefor. Such surrender by the mother shall operate as a
consent by her to any ado])tion subsequently a])])roved l)y said
board.

Skct. 13. In any ])rosecution under the provisions of the pre- Burden of
ceding sections of this chapter, a defendant who relies in defence fkTnship/^ ""
u]Kjn the relationship of any of said infants to himself shall have
the burden of proof tliereof.

8k('t. 14. Xo citizen of this state or other ])erson subject to Advertising
its jurisdiction shall print, ])ublish, circulate or cause or ].)rocure uo5 p?ohibu-
to be printed, published or circulated in this state any press or ^^' Penalty.
other advertisement of, or in any other manner publicly solicit
within this state patronai>"e for, any boarding house for infants
located either within or without this state, nor print, publish, cir-
culate or cause or procure to be ]U'inted, published or circulated
without this state any ]iress or other advertisement of, or other-
wise publicly solicit outside this state patronage for any boarding
house for infants located within this state, whether maintained by
himself or others ; except that any such institution duly licensed
under this act may dis))lay a sign containing the name of the in-
stitution but no other words or information. Any person violat-
ing the provisions of this section, and any licensee or other person
who shall violate the provisions of a license issued under this act.
knowingly make any false entry, or statement in connection with
any record, notice, information or report required by this act,
knowingly give false information to or otherwise attempt to de-
ceive or mislead any one engaged in investigation or inspection
under the authority of this act, or otherwise violate any provision
of this act for whose infringement no ]ienalty is hereinbefore spe-
cifically provided, shall be punished by a fine of not more than one
hundred dollars or by imprisonment for not exceeding one year,
or by both such fine or imprisonment.

Sect. 15. If facts shall come to the attention of any physi- Neglect and
cian, undertaker, officer authorized to issue burial permits or "p"^ of;' pun-
other ])erson, indicating that any infant kept at a boarding house 'shment of.
for infants is being cruelly treated or that its life or health is en-
dangered by lack of suitable nourishment, care, nursing or med-
ical attendance, or that the death of any infant dying at such an
institution may have been occasioned by such cruelty or neglect,
such person shall forthwith, under penalty of a fine of ten dollars
for each day's failure, give notice thereof to the state board of
charities and correction and to the county solicitor of the county.
Upon receipt of such notice said board may, and said solicitor
shall, immediately investigate the case, and it shall be the duty
of said solicitor to cause the custodian or custodians of such in-
fant to be arrested and criminally prosecuted for cruelty to chil-

154

Chapteu 135.

[1911

Takes effect
on passage.

clren, manslaughter, or murder, as the case may be, if probable
cause apjjears for such prosecution.

Sect. 1G. This act shall take effect upon its passage.

[Approved April 12, 1911.]

CHAPTER 135.

AN ACT ESTABLISHING A METHOD FOK DETERMINING THE EQUAL-
IZED VALUATION PEE PUPIL OF AVEEAGE ATTENDANCE FOE THE
TOWNS OF TILTON AND NOETHFIELD AND FOE OTHEE PUR-

posEt:.

Section

1. Equalized valuation, how determined.

2. Amount due for high school tuition.

3. Employment of normal school gradu-

ates.

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

Equalized val-
uation, how
determined.

Amount due
for high
school tuition.

Be it enacted by the t>enate and Iluuse of Representatives in,
General Court conveiied:

Section 1. The "equalized valuation per pupil of average
attendance'' as that term is used in chapter 158 Laws of 1909,
shall be determined for the town of Tilton in the following man-
ner: The average attendance of the pupils of the town of Tilton
shall be the average attendance of the pupils in the town school
district of said Tilton plus the average attendance of the pupils
residing in Tilton but who attend school in Union School District
1^0. 1 of Tilton, and the average attendance of pupils in Xorth-
field shall be ascertained in like manner, by combining the aver-
age attendance of pupils in the Northfield town district with
the average attendance of the pupils residing in Xorthfield, but
who attend school in said Union district. For the pur})o.se of
carrying into effect the provisions of this act the superintendent
of public instruction is authorized and re(piired to disregard the
existence of said Union district, and the school board of said
Union district is required to furnish to the school boards of said
respecti^■e town districts all statistics and information necessary
in order to carry into effect the provisions of this act.

Sect, 2. In order to ascertain the amount due said Tilton and
ISTorthfield on account of tuition by them paid for high school
scholars under chapter 96, Laws of 1901 as amended by chapter
158, Laws of 1909, the rate of taxation for school purposes, and
the rate of taxation for all purposes, shall be ascertained for said
town of Tilton by averaging the taxation for such pur]-toses of
the town school district of Tilton, and the taxation for such ]-»ur-

1911]

Chapter 13b.

155

poses of said Union district, and the number of such high school
scholars paid for by the town of Tilton shall also include the
number of such scholars paid for by said Union district, and
when said sum is received by the treasurer of the town of Tilton
he shall pay to the Union district and to the town district the pro-
portion of the same to which each may be entitled. — and the
amount to which the town of Xorthtield may be entitled under said
acts shall be ascertained by averaging the rate of taxation for school
purposes and the rate of taxation for all purposes of the Xorth-
field town district and the said Union district, and reckoning the
number of high school scholars on account of which the ISTorthiield
town district has paid tuition, and the treasurer of Xorthfield
shall pay to the JSTorthfield town district said amount when re-
ceived from the state treasurer.

Sect. 3. The state aid provided in section 3 of chapter 158 Employment
Laws of 1909 on account of the employment of normal school school grad-
graduates or persons holding a permanent l!s^ew Hampshire state "^*^®^'
teachers' certificate as teachers, shall be paid to said three districts
respectively when they furnish evidence to the satisfaction of
the superintendent of public instruction of such employment.

Sect. 4. All acts or parts of acts inconsistent with this act ^l^ggl^^^^j
are hereby repealed or modified and this act shall take effect on takes effect
its passage.

[Approved April 13, 1911.]

on passage.

CHAPTER 130.

AN ACT IX AMENDMENT OF CHAPTER 92, SECTIONS 2 AND 6, OF THE
PUBLIC STATUTES, RELATING TO THE EXA:\IINATI0N AND CERTI-
FICATION OF TEACHERS.

Section

1. School board to hire teachers, etc.

2. To prescribe certain studies.

Section
3. Takes effect on passage.

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

Section 1. In chapter 92, section 2, of the Public Statutes, s^^hooi^bo|rd_
strike out the words "holding certificates as provided by law," so ers, -tc.
that the section as amended shall read: Sect. 2. The school
board shall select and hire suitable and competent teachers, shall
provide necessary fuel, and shall make such occasional repairs of
the schoolhouses and furniture as may be necessary, not exceed-
ing in cost five per cent of the school money.

15P

Chapter 137.

[1911

To prescribe
certain stud-
ies.

Takes effect
on passage.

Sect. 2. In chapter 92, section 6, of the Public Statutes, with
amendments thereto, strike out beginning with the words, "School
boards shall annually," all the rest of the section so that the sec-
tion as amended shall read as follows: 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 eifects of alcoholic stimulants and of narcotics
upon the human system, and shall see that the studies so pre-
scribed are thoroughly taught in said schools and that well aj)-
proved text-books upon these subjects 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, sur-
veying, bookkeeping, philosophy, chemistry, and natural history,
or any of them, and other suitable studies.

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

[Approved April 13, 1911.]

CHAPTER 137.

AN ACT IN AMENDMENT OF SECTION 11 OF CHAPTER 89 OF THE
PITBLIC STATUTES^ EEEATING TO CONTRACTS OF SCHOOL DIS-
TRICTS.

Section 1. Superintendent of public instruction may terminate contract between
district and academy.

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

Contract be- Section 1. Scctioii 11 of chapter 89 of the Public Statutes
anracademy is hereby amended by adding thereto at the close of said section
™f4t^ed.*hc'w. the following language : Provided, lioivever, that the superin-
tendent of public instruction shall have full power and authority
to terminate such contracts whenever in his judgment the educa-
tional interests of the district so require. So that said section as
amended shall read: Sect. 11. Any school district may con-
tract with an academy, seminary, or other literary institution
located within its limits or in its immediate vicinity, for furnish-
ing instruction to its scholars; and the school money may be used
to carry the contract into effect; provided, lioivever, that the super-

1911] Chapters 138, 139. 157

iiiteiicleiit of public instruction shall have full power and authority
to terminate such contracts whenever in his judgment the educa-
tional interests of the district so require.

[Approved April 13, 1911.]

CHAPTER 138.

AN ACT ESTABLISHING A METHOD FOK DETERMINING THE EQUAI-
IZED VALUATION PER PUPIL OF AVERAGE ATTENDANCE FOR
THE TOWN SCHOOL DISTRICT OF BOSCAWEN.

Section 1. Equalized valuation, how determined.

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

Section 1. The "equalized valuation per pupil of average Equalized vai-
attendance," as that term is used in chapter 158 of the Laws of determined.
1909, shall be determined for the to^vn school district of Boscawen
in the manner following : The equalized valuation of said district
shall be the equalized valuation of the town of Boscawen. The
average attendance of said district shall be the average attendance
of the pu])ils in the town school district of Boscawen plus the
average attendance of those pupils in the Union School District
of Penacook wdio attend school within the town limits of the towai
of Boscawen.

[Approved April 13, 1911.]

CHAPTER 139.

AN ACT IN AMENDMENT OF SECTION 14 OF CHAPTER 93 OF THE
PUBLIC STATUTES AS AMENDED BY CHAPTER 61 OF THE LAWS OF
1901 AND CHAPTER 13 OF THE LAWS OF 1903, RELATING TO
SCHOOL ATTENDANCE.

Section
1. School attendance, regulation by
state superintendent.

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

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

Section 1. Section 14 of chapter 93 of the Public Stat- ^^^°°^ ^"^°-
utes as amended by chapter 61 of the Laws of 1901 and chapter tion by state
13 of the Laws of 1903, is hereby amended by adding at the end den"'" ^°"

158 Chaptek 189. [1911

thereof the following: Provided, however, that any person having
the custody and control of a child may apply to the state super-
intendent of public instruction for relief whenever such person
deems it to be against the moral or physical welfare of such child
to attend the particular school required by law, and thereupon,
after notice to the school board of the district in which such child
is required to attend school, the state superintendent of pul)lic
instruction may order such child to attend another school in the
same district if such school is available ; may order such child to
attend school in another district, in which case the district in
which such child resides shall pay to the district in which such
child attends school tuition not to exceed the average cost per
child of instruction for the regularly employed teachers and the
cost of text-books, supplies and apparatus for such time as such
attendance shall continue ; may permit such child to withdraw
from school attendance for such time as he may deem necessary
or proper ; or make such other order or orders with respect to the
attendance of such child at school as in his judgment the circum-
stances require so that said section shall read : Sect. 14. Every
person having the custody and control of a child between the ages
of eight and fourteen years, or of a child under the age of sixteen
years who cannot read at sight and write legibly simple sentences
in the English language, residing in a school district in which a
public school is annually taught, shall cause such child to attend
the public school all the time such school is in session, unless the
child shall be excused by the school-board of the district because
his physical or mental condition is such as to prevent his attend-
ance at school for the period required, or because he was in-
structed in the English language in a private school approved by
the school board for a number of weeks equal to that in which the
public school was in session in the common English branches, or
having acquired those branches, in other more advanced studies.
Any person who does not comply with the requirements of this
section shall be fined ten dollars for the first offense and
twenty dollars for every subsequent offense, for the use of the
district. Provided, hoirever, that any person having the custody
and control of a child may apply to the state superintendent of
public instruction for relief whenever such person deems it to be
against the moral or physical welfare of such child to attend the
particular school required by law, and thereupon, after notice
to the school board of the district in which such child is required
to attend school, the state superintendent of public instruction
may order such child to attend another school in the same district
if such school is available ; may order such child to attend school
in another district, in which case the district in which such child
resides shall pay to the district in which such child attends school
tuition not to exceed the average cost per child of instruction for
the regularly employed teachers and the cost of text-books, sup-

I'Jll] Chapter 140, 159

plies and apparatus for such time as such attendance shall con-
tinue; may permit such child to withdraw from school attendance
for such time as he may deem necessary or proper; or make such
other order or orders w^itli respect to the attendance of such child
at school as in his judgment the circumstances require.

Sect. 2. All acts and parts of acts inconsistent with this Repealing
act are hereby repealed and this act shall take effect upon its pas- takes effect
saii'e. '''' P^''^^''-

[Approved April 13, 1011.]

CHAPTER 140.

AN, ACT TO PROTECT THE UKIFOEM OF THE ARMY OF THE UNITED
STATES OR STATE OF NEW HAMPSHIRE.

Section I Section

1. Discrimination by theaters, etc., pro- 2. Takes effect on passage,

hibited. I

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

Section 1. That hereafter no proprietor, manager or em- Discrimina-
ployee of a theatre or other public place of entertainment or ters, etc., pro
amusement in the State of ^ew Hampshire shall make or cause to ^i^ited.
be made any discrimination against any person lawfully wearing
a uniform of the army, navy, revenue cutter service, or marine
corps of the United States, or of the militia of this state, because
of that uniform ; and any person making or causing to be made
such discrimination shall be guilty of a misdemeanor and punish-
able by a fine not exceeding one hundred dollars.

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

r IT o on passage.

[Approved April 13, 1911.]

160

Chapters 141, 142.
CHAPTEE 141.

[1911

AN ACT IN AMENDMENT OF SECTIONS 6 AND 7 OF CHAPTER 270 OF
THE PUBLIC STATUTES RELATING TO LOTTERIES^ GA:MBLINCt ANO

WAGERS.

Section
1. Gambling and keeping gambling
place, penalty.

Gambling and
keeping gam-
bling place,
penalty.

Takes effect
on passage.

Section
2. Takes effect on passage.

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

Section 1. That sections 6 and 7 of chapter 270 of the Pub-
lic Statutes be amended by adding at the end of each of said sec-
tions the words or both, so that said sections as amended shall
read as follows : Sect. (5. If any person keeps any house, shop,
or place resorted to for the purpose of gambling, or lets any such
place for that purpose, or suffers any person to gamble in any way
in any such place, which is under his care or control, he shall
be fined not exceeding two hundred dollars, or be imprisoned not
exceeding one year, or both. Sect. 7. If any person shall
gamble, or bet on the sides or hands of such as are gambling or
playing at any game, or shall loan or advance any money or thing
of value to any person to aid in gambling, he shall be fined not
exceeding two hundred dollars, or be imprisoned not exceeding
one year, or both.

Sect. 2. This act shall take eft'ect upon its passage.

[Approved April 14, 1011.]

CHAPTEE 142.

AN ACT TO AMEND SECTION 1, CHAPTP:R 33, LAWS OF 1S95 [1893],
RELATING TO PAYMENT FOR CATTLE WHICH ARE KILLED BY
ORDER OF THE BOARD OF CATTLE COMMISSIONERS OF ANY STATE.

Section 1. Compensation for cattle killed, when.

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

Compensation SECTION 1. Amend sectiou 1, chapter 33, Laws of 1895

kined!"when. [1893], by inserting the words of any state between the_ words

"commissioners" and "shall" in the second line of said section, by

striking out the word "'the" between the words "of" and "state"

in said second line, and inserting in place thereof, the word this.

1911]

Chapter 143.

161

by striking out the words "have been" in the fifth line and insert-
ing in place tliereof tlie word are; and by inserting after the word
''owned" in said fifth line the following: by a citizen of this state
and, and by adding to said section, after the word ''detected" in the
last line the following: And provided that not more than thirty
days shall have elapsed since said cattle ha\'e been removed from
this state, so that said section as amended shall read as follows:
Section 1. The owners of cattle killed by order of the state
board of cattle commissioners of any state shall recover of this state
one half the value of such animals upon a basis of health, said value
to be ascertained by a disinterested appraisal, provided they are
owned by a citizen of this state, and in the state three months at
least before the disease was detected. And provided that not more
than thirty days shall have elapsed since said cattle have been re-
moved from this state.

[Approved x\pril 14, 1911.]

CIIAPTEE 143.

AN ACT IN AMENDMENT OF SECTION 1 OF CHAPTER 261 OF THE
PUBLIC STATUTES RELATING TO REW^ARDS AND COMPENSATIONS
TO PROSECUTORS.

Section
1. Reward for criminal, who may offer.

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

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

Section 1. Amend section 1 of chapter 261 of the Public Reward for

n 1- • 1^ ir> i^'ji?7,i 1x1 criminal, who

Statutes by inserting before the first word the the words the may offer,
county commissioners of any county, and by inserting liefore
the word "city" where it appears the second time, the word
county, so that said section as amended shall read as follows:
Section 1. The county commissioners of any county, the city
councils of a city, and the selectmen of a town are authorized,
whenever in their opinion the public good requires it, to offer
and i»ay from the treasury of such county, city or town a suit-
able reward, not exceeding three hundred dollars in any one
case, to any person who shall, in consequence of such offer,
apprehend and secure any person or persons charged with hav-
ing committed a capital or other high crime.

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

on passage.

passage.

[Approved April 14, 1911.]

162

Chapters 1-j4, 145.

[1911

CHAPTER 144.

AN ACT TO REPEAL CHAPTER 92, SECTION 12 OF THE PUBLIC
STATUTES WITH AMENDMENTS^ RELATING TO REPORTS OF SCHOOL
BOARDS.

Section
1. Prior provision repealed.

Section
2. Takes effect on passage.

Be it enacted by the Soiate and House of Representatives in
General Court convened.

Prior provi- Section 1. Sectioii 12 of chapter 92 of the Public Statutes
' with amendments thereto, relating to the reports of school boards
to selectmen, is hereby repealed.
Takes effect Sect. 2. This Ect shall take effect on its passage.

on passage. ^ "^

[Approved April 14, 1911.]

CHAPTER 145.

AN ACT TO permit THE HUNTING OF DEER IN CERTAIN TOWNS
IN MERRIMACK COUNTY WITH A RIFLE.

Section
1. Hunting with rifle permitted.

Permission
granted.

Repealing
clause; act
takes effect
on passage.

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 be lawful to hunt deer in the follow-
ing towns in ]\rerrimack county with a rifle, during the first
fifteen days of December: Andover, Wilmot, Danbury. Hill,
New London, Sutton, Bradford, Warner, Salisbury, Henniker
and Newbury.

Sect. 2. All act.^ and parts of acts inconsistent with this
act are hereby re])ealed an<l this act shall take effect upon its
passage.

[Approved April 14, 1911.]

IVtllj Chapters 146, 147. 163

CHAPTEE 146.

AN ACT IN AMENDMENT OF CHAPTER 40, SECTION 4, PUBLIC
STATUTES^ IN REFERENCE TO PUBLIC PLAYGROUNDS.

Section
1. Towns may vote money for play-
grounds.

Section
2. Takes effect on passage.

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

Section 1. Towns may at any lesal meetins; 2;rant and vote Towns may

, i -, T . T o o IT! '''o'^^ money

such sums o± money as they shall judge necessary to establish, for piay-
equip and maintain suitable places for public playgrounds, in
accordance with the provisions of section 4, cha])ter 40, of the
Public Statutes.

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

I ^ on passage.

[xVpproved April 14, 1911.]

CHAPTER 147.

AN ACT TO ENLARGE THE JURISDICTION OF SHERIFFS AND THEIR
DEPUTIES IN CRi:\riNAL VfATTERS.

Section | Section

1. Jurisdiction enlarged. 2. Repealing clause; act takes effect on

I passage.

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

Section 1. Sheriffs and their deputies shall hereafter have Jurisdiction

I . . enlarged.

throughout the state the same power and authority to serve
criminal or civil processes, investigate crimes, and to pursue and
a])prehend criminals that they now have in their respective coun-
ties.

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

on passage.

[Approved April 14, 1911.]

164

Chapters 148, 149.

[1911

CHAPTEK 148.

Ai\ ACT AMENDING CHAPTER 79 OF SESSION LAWS OF 1901 AS
AMENDED BY THE LAWS OF 1903, 1905, 1907, 1909, RELATING
TO THE DESTRUCTION OF DEER.

Section
1. Number which may be legally killed.

Section
2. Takes effect on passage.

Number
which may
be legally
killed.

Takes effect
c n passage.

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

Section 1. Amend section 17 by striking out the whole of
said section and inserting in the place thereof the following :
Sect. 17. No person during the oi)en season of any year shall
take, catch, kill or destroy more than two deer in the counties of
Coos, Grafton and Carroll, or destroy more than one deer in the
counties of Kockingham, Strafford, Belknap, Merrimack, Hills-
borough, Cheshire and Sullivan.

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

[Approved April 14, 1911.]

CHAPTER 149.

AN ACT TO PROTECT SEA GULLS AND SHELDRAKES.

Section

1. Sea gulls and sheldrakes protected.

2. Penalty for violation.

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

Be it enacted by the Senate and House of Representatives in.
Gei^eral Covrt convened:

Sea guus and Section 1. ISTo pcrsou shall liuut, take, kill or destroy any
protected. SCR gull or aiiv sheldrake inhabiting any of the fresh waters of

this state.
Penalty. Sect. 2. Any persoii violating the provisions of this act shall

be fined ten dollars for each bird so hunted, taken, killed or des-
troyed.
Repealing Sect. 3. All acts and ])arts of acts inconsistent with this

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

on passage. p^ggagC.

[Approved April 14, 1911.]

1911] CHAPTERy 150, 151. 165

CHAPTER 150.

AN ACT TO PliOlIIBIT DPvINKHSTG ON PUBLIC CONVEYANCES.

Section I Section

1. Drinking proliibited; penalty. ' 2. Takes effect on passage.

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

Section 1. The use of intoxicating liquors as a beverage Drinking pro-
upon or within any street car, railroad car, or other public con- aity.
veyance, except buffet and dining cars, is hereby prohibited. Any
person violating the provisions of this act shall, upon conviction,
be fined ten dollars ($10) or be imprisoned thirty days, or both.

Sect. 2. This act shall take effect May 1, 1911. ' Takes effect

•' ' on passage.

[Approved April 14, 1911.]

CHAPTER 151.

AN ACT EELATING TO THE EXTINGUISHING OF CAMP FIRES.

Section | Section

1. Camp fires to be extinguished; pen- 2. Takes effect on passage; repealing

alty. I clause.

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

Section 1. Whoever by himself or by his servant, agent or camp fires to
guide, or as the servant, agent or guide of any other person, shall guis^hed! pen-
build a camp, cooking, or other fire, or use an abandoned camp, ^^ty-
cooking, or other fire in any. or adjacent to any, woods in this
state, shall before leaving said fire totally extinguish the same,
and upon failure to do so such person shall be punished by a fine
not exceeding fifty dollars. Provided that such fires built upon
the sea beach in such situation that they cannot spread into forest,
wood or cultivated land, or meadows, shall not be construed as
prohibited by this act.

Sect. 2. This act shall take eftect upon its passage, and all Takes effect
acts and parts of acts inconsistent with this act are hereby re- repeanng^*^"
pealed. clause.

[Approved April 14, 1911.]

166

Chapters 152, 153.

[1911

CHAPTER 152.

AN ACT TO AMEND CHAPTER 79 OF THE SESSION LAWS OF 1901,
AS AMENDED BY THE LAWS OF 1903, 1905, 1907, 1909, KELAT-
ING TO THE PROTECTION OF LAKE TROUT^ LAND-LOCKED SALMON
AND WHITE FISH IN LAKES WINNIPESATJKEE^ WINNISQUAM AND
PAUGUS.

Lake trout,
etc., pro-
tected.

Takes effect
on passage.

Section
1. Lake trout, 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 said chapter by striking out the whole of
section 56 and inserting in the place thereof the following: Sect.
56. No person shall take, kill, or have in his possession, from
the waters of Lake Winnipesaukee, Lake Winnisquam or Lake
Pangus, any lake trout land-locked salmon, or white fish, known
as shad, shad waiters, bill fish or blue fins, between the fifteenth
day of June in any year, and the first day of January next fol-
lowing, or from any of the other waters of the state between the
fifteenth day of September in any year and the first day of Jan-
uaiy next following.

Sect. 2. This act shall take eft'ect upon its passage.

[Approved April 14, 1911.]

CHAPTER 153.

AN ACT IN AMENDMENT OF CHAPTER 120, SECTION 7 OF THE
PUBLIC STATUTES RELATING TO PILOTS AND HARBOR MASTERS
OF PORTSMOUTH.

Section
1. Ballast, etc., not to be thrown into
Portsmouth harbor.

Section
2. Takes effect on passage.

Ballast, etc.,
not to be
thrown into
Portsmouth
harbor.

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

Section 1. Chapter 120 of the Public Statutes is hereby
amended by striking out in section 7 the words of "Boiling rock"
thereof and inserting in place thereof the words Dover Point
bridge, so that section 7 after the amendment will read as fol-
lows: If any person shall unlade, cast, or throw out of any ship.

1911] Chapter 154. 167

vessel, or boat, or from shore or wharf, any ballast, rubbish,
gravel, earth, dirt, ashes, or filth into the harbor, or river of Pis-
cataqna, between the light house at the entrance of said harbor
and Dover Point bridge, so called, np said river, or aid and assist
therein, he shall forfeit a snm not more than ten dollars.

Sect. 2. This act shall take etfeet n])on its passage. m^^Ls^ic^

[Approved April 14, 1011.]

CHAPTEPt 154.

AN ACT IN AMJ:NDMENT OF CHAPTER 181 OF THE PUBLIC STATUTES
RELATING TO THE ADOPTION OF CHILDREN.

Section I Section

1. Adoption of person of full age, how 2. Jurisdiction of probate court,

effected. | 3. Takes effect on passage.

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

Section 1. Any person of full age may by petition to the Adoption, hc-w
probate court adopt as his or her child any other person of full ^^^'^^'^ ■
age unless such other person is his or her wife or husband, brother
or sister, uncle or aunt, of the whole or half blood. The consent
of any other person than the person adopted and the person
adopting shall not be required to said adoption; pro^'ided, hoiv-
ever, that a person thus adopted shall not be deemed to be an
adopted child within the meaning of chapter 40 of the Laws of
1005 and amendments thereto, and shall not by reason of such
adoption be exempt from any tax now imposed, or which may
hereafter be imposed upon legacies and successions.

Sect. 2. The probate court shall have the same jurisdiction lurisdiction
as in case of minor children. court°*'^'^^

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

^ on passage.

[Approved April 14, 1011.]

168

Chapter 155.

[1911

CHAPTEE 155.

AN ACT IN AMENDMENT OF SECTION 14 OF CHAPTER 284, OF THE
PUBLIC STATUTES AS AMENDED BY CHAPTER 34 OF THE LAWS
PASSED AT THE JANUARY SESSION 1909.

Section

1. Sentences to Industrial School, for
what term.

Section
2. Takes effect on passage.

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

Sentences to
Industrial
school, for
what term.

Takes effect
on passage.

Section 1. Section 14 of chai)ter 284, of the Public Statutes
is hereby amended by striking- out the words ''for minority," and
inserting instead thereof the words for such term not extending
beyond the age of twenty-one years as the court or justice shall
judge most for his true interest and benefit, 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 punish-
able by imprisonment, otherwise than for life, and shall be sen-
tenced accordingly, the court or justice, ui)on api)lication 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 such term,
not extending beyond the age of twenty-one years as the court
or justice shall judge most for his true interest and benefit, pro-
vided he shall conduct himself according to the regulations of the
school. A copy of such order shall be sufficient authority for his
commitment and detention at the school.

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

[Approved April 14, 1911.]

1911] Chapter 156. 169

(ai AFTER 156.

AX ACT IN AMENDMENT OF CIIAPTEK 95 OF THE SESSION LAWS OF
1903 ENTITLED "aN ACT TO REGULATE THE TRAFFIC IN INTOX-
ICATING liquor"^ as amended by chapter 49 OF THE SESSION
LAWS OF 1905 AND AS FURTHER A:MENDED BY CHAPTER 156 OF
THE SESSION LAWS OF 1909.

Section I Section

1. Carriers to keep records of certain 2. Takes effect on passage; repealing

deliveries. I clause.

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

Section 1. Amend section 38 of chapter 95 of the session carriers to
Laws of 1903 as ainen(le<1 by chapter 49 of the session Laws oi ^^^^^l^^°^%
1905 and as further amended by chapter 156 of the session Laws liberies,
of 1909 by striking out the words "in this state" after the word
"liqnor" in line two of said section, so that said section will read:
Sect. 38. Every person, partnership or corporation conducting
a transportation or express business, receiving liquor 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-license city or town
in this state, shall keep a book, or books, and plainly enter therein
the date of the reception by him, them or it of each vessel or
package of such liquor so received for transportation and a cor-
rect transcript of the marks and directions thereon and the date
of its delivery by him, them or it; and the name 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 inspection of the
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 acent of the town in which said liquor is de-
livered, and the special agents of the state board of license com-
missioners. 1^0 such person, partnership or corporation so con-
ducting a transportation or express business, shall knowingly 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
aforesaid and failing to keep the book and records as herein pro-
vided, shall be punished for each oft'ense by a fine of not less
than one hundred dollars.

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

, , . . . I ^ , . ^ 11 '^^ passage;

acts and parts oi acts inconsistent with this act are hereby re- repealing

T 1 clause.

pealed.

[Approved April 14. 1911.]

170 Chapter 1o7. [1911

CHAPTER 157.

AN ACT IX AMENDMENT OF CHAPTER 95 OF THE SESSION LAWS OF
1903 ENTITLED ''aN ACT TO REGULATE THE TRAFFIC IN INTOX-
CATING LIQUOR," AS AMENDED BY CHAPTER 49 OF THE SESSION
LAWS OF 1905.

Section i Section

1. Sale prohibited on day of state pri- 2. Talves effect April 30, 19U.

mary election. |

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

Sale prohibit- Section 1. Sectioii 16, chapter 95 of the session Laws of
state primary 1903, entitled, "All Act to regulate the Traffic in Intoxicating
election. Liquor," as amended by chapter 49 of the session Laws of 1905,

is hereby amended by adding at the end of sub-division 3 of said
section the following words : or on the day when a primary is
held in accordance with the provisions of chapter 153 of the
session Laws of 1909 or under the provisions of any city charter :
so that said section as amended shall read as follows : Sect. 16.
1^0 licensee, except the holder of a license of the first or seventh
class, shall sell, furnish or expose for sale, or give away any
liquor first, on Sunday ; second, on any other day except between
the hours of six in the morning and ten at night ; unless the
town or board of mayor and aldermen of the city where such
licensee carries on business shall extend the hours not later than
eleven o'clock at night, which such town or board of mayor and
aldermen is hereby authorized to do ; third, on the day of any
general or city election or town meeting ; or on the day when a
primary is held in accordance with the provisions of chapter 153
of the session Laws of 1909, or under the provisions of any city
charter. Fourth, on a state or national legal holiday.
IpriTsf Im. Se^'t. ^- This act shall take effect Apnl 30, 1911.

[Approved April 14, 1911.]

1911] Chapter 158. ITl

CHAPTER 158.

AN ACT TO AMEND CHAPTER 71), EAWS OF 1901 AS AMENDED BY

THE GENERAL COURT OF 1903, 1905, 1907, 1909 SO AS TO

ALLOW THE HUNTING OF DEER WITH A RIFLE IN THE COUNTY
OF STRAFFORD.

Section i Section

1. Hunting with rifle permitted. I 2. Takes effect on passage.

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

Section 1. Section IG of said act is hereby amended as fol- Hunting with
lows: In line 13 cross out the word ''Straftord" so that said ^fftg^f""'
section shall read as follows: Sect. 16. Is^o person shall hunt,
catch, kill or destroy any deer within the limits of the county
of Coos, except during the months of October and November of
each year, or within the limits of the counties of Grafton and
Carroll, except during the month of November and the first fifteen
days of December of each year, or within the limits of the coun-
ties of Sullivan, Cheshire, Hillsborough, Merrimack, Belknap,
Strafford and Rockingham, except during the first fifteen days
of December of each year, and then within the limits of the
counties of Hillsborough, Merrimack, Belknap and Rockingham
with shotguns only, using a single ball or loose buckshot. Noth-
ing in the foregoing shall be construed to deprive any person of
his right, at any time, to protect his property from the depreda-
tion of deer, but any person so killing them shall immediately
notify the fish and game commissioners of that fact, and when-
ever the commissioners or their agents shall find the killing was
warranted, the carcasses of animals so killed shall be awarded to
the person whose property was being damaged. Nothing herein
contained shall be construed to repeal or affect existing legislation
relating to the Blue Mountain Forest Park Association.

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

'^ ^ '^ on passage.

[Approved April 14, 1911.]

172

Chapter 159.

[1911

CHxiPTER 15Q.

AN ACT IN AMENDMENT OF CHAPTER 150 OF THE PUBLIC STATUTES
OF NEW HAMPSHIRE RELATING TO INDIVIDUAL LIABILITY OF
CORPORATORS.

Section
1. Annual returns by March 1; liability
of directors in event of failure.

Section
2. Repealing clause; act takes effect
January 1, 1912.

Annual re-
turns by
March 1; lia-
bility of di-
rectors in
event of fail-
ure.

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

Section 1. Amend chapter 1.50 of the Piihlic Statutes by
striking ont all of section 1(3 of said chapter and inserting in
place thereof the following as section 16: Every such corpora-
tion, except insurance companies, railroad corporations, banks and
loan and building associations, shall annually on or before March
first of each year make a return in writing, signed by and under
oath of its treasurer and a majority of its directors, to the sec-
retary of state and to the clerk of the town in which its principal
business is carried on, if in this state, of the amount of all assess-
ments voted by the corporation and actually paid in, the amount
of all debts due to and from the corporation and the value of all
the property and assets of the corporation, so far as the same can
be ascertained, as existing on the first day of January, and if any
such corporation shall fail so to do, the treasurer and directors
shall be individually liable for all debts and contracts of the cor-
poration then existing, or which shall be contracted until the
return is made. Amend section 10 of said chapter by striking
out the words ''in the month of May" and inserting in lieu there-
of the words on or before March first. As amended section 10
will read : The treasurer of every railroad corporation and the
clerk of every other dividend paying corporation, except banks,
until its capital stock is fully paid in and a certificate thereof
filed and recorded, shall annually, on or before March first, cause
to be filed and recorded in the office of the clerk of the town or
city in which the corporation has its principal place of business,
a list of the names and places of residence of all its stockholders
certified under oath. Amend section 12 of said chapter by strik-
ing out the words '"in the month of May" and inserting in lieu
thereof on or before March first. As amended section 12 will
read : If any such treasurer or clerk shall neglect to make such
return on or before ]\rarch first annually, he shall forfeit for each
neglect fifty dollars to any person who will sue for the same, and
it shall be the duty of the town or city clerk forthwith to com-
mence suit therefor.

1911] Chapter 160. i73

Sect. 2. All acts and parts of acts inconsistent herewith are ^j^P^g^l'^/^^
hereby repealed and this act shall take effect January 1, 1912. takes effect

J3,iiu3ry 1,
1912.

[Approved April 14, 1911.]

CHAPTEK 160.

AX ACT KKLATING TO THE REGISTKATIOX OF GUIDES.
Section I Section

1. Guides to be registered; reports as to

employment.

2. Applications, how made; registry,

when granted.

3. Cancellation of certificates.

4. Qualifications for registration.

5. Talces effect on passage.

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

Section 1. No person shall engage in the business of guid- Guides to be
ing, either for inland fishing or forest hunting, until he has caused ports as to
his name, age, and residence to be recorded in a book kept f or «°^P'°y™«^"t-
that purpose by the commissioners of fisheries and game, and has
procured a certificate from said commissioners, setting forth in
substance that he is deemed suitable to act as a guide, either for
inland fishing or forest hunting, or both, as the case may be, under
a penalty of fifty dollars and costs for each offense. Each reg-
istered guide shall, from time to time, as often as requested by
the commissioners, forward, on l)lanks furnished him by the com-
missioners, a statement of the number of persons he has guided
in inland fishing and forest hunting during the time called for
in said statement, the number of days he has been employed as
a guide, and such other useful information relative to inland
fish and game, forest fires, and the preservation of the forests
in the localities where he has guided, as the commissioners may
deem of importance to the state, under a penalty of fifty dollars,
for unreasonably or wilfully refusing to comply with these re-
quirements.

Sect. 2. Such registration as is provided for in this chapter Applications,

~ i , . . . how made;

shall be as follows: The applicant shall apply in writing or certificate,

11 , ,T . . ^ ,. • . -• J. when granted.

personally to the commissioners tor registration, or to some person
designated by the commissioners, setting forth in his application
w^hether he desires to be registered as a general or local guide;
and the commissioners shall, as soon thereafter as may be, register
such person as a guide in such class as they shall deem proper,
after such investigation as they shall deem proper ; but said com-
missioners may refuse to register any applicant whom they deem
unfit to be a guide, and may, for cause shown, after due notice

174

Chapter 160.

[1911

Cancellation
of certificates.

Qualifica-
tions for reg-
istration.

Takes effect
on passage.

and hearing, cancel any registration by them made, and may
advance anyone from the local class to the general class, whenever
they shall deem such person qualified to be a general guide.

Sect. 3. Whenever a guide registered, as provided in this
chapter, is convicted of any violation of any of the inland fish
and game laws, the commissioners may, at their discretion, can-
cel his certificate of registration and strike his name from the
list of registered guides ; but such person may thereafter be regis-
tered again at the discretion of the commissioners. Any certif-
icate canceled by virtue of this chapter shall be immediately
returned to the commissioners, under a penalty of fifty dollars for
refusal or neglect to comply with this requirement. A fee of
one dollar shall be paid annually for the registration as herein
provided.

Sect. 4. Xo person shall receive a certificate as a general
guide unless he be at least twenty years of age, of good repute,
and friendly to the inland fish and game laws, and will discoun-
tenance in all proper ways all violations thereof. He shall
be thoroughly competent to traverse the hunting grounds in
which he is licensed to guide and shall be skilled in the use,
management, and handling of such boats or canoes, on lake, pond,
or river, as are used in the territory in which he is authorized to
guide, and shall be a safe person under all circumstances to be
a guide for inland fishing and forest hunting parties. A person
may receive a certificate as a local guide who does not, in the
judgment of the commissioners possess all the necessary quali-
fications of a general guide, yet is deemed suitable to act as such
under certain conditions ; and guides may be restricted in the ter-
ritory in which they are permitted to guide. Every non-resident
registered as a guide shall ]^ay a fee of twenty dollars ; the com-
missioners may at their discretion refuse to issue any certificate
of registration after October twentieth of each year, and every
certificate issued shall expire with the calendar year. An official
badge for guides may be prepared by the commissioners.

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

[Approved April 14, 1911.]

11)11] Chaptek 161. 175

CHAPTER 161.

AN ACT IX AMENDMENT OF AND IN ADDITION TO SECTION 2 OF
CHAPTEK 49 OF THE LAWS OF 1895, ENTITLED "aN ACT TO
PROVIDE FOR THE EXAMINATION AND CERTIFICATION OF SCHOOL-
TEACHERS BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION."

Section 1. Certificate of qualification, to whom issued.

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

Section 1. Section 2 of chapter 49 of the Laws of 1895, Certificate of

• 1 1 * * • ^ f • ^ qualification,

entitled "An Act to provide for the Examination and Certifica- to whom is-
tion of School-Teachers by the vSnperintendent of Pnblic Instruc-
tion" is hereby amended by adding thereto at the close of said
section the following language : The superintendent of public
instruction may issue, without the requirement of examination
provided herein, a certificate of qualifications to any person who
has served as a teacher in the public schools of the state for a
term of three school years when in his judgment the educational
interests of the state will be served by such action, so that said
section as amended shall read : Sect. 2. A certificate of qual-
ification shall be given to all candidates who pass satisfactory
examinations in such branches as are required by law to be
taught, and who in other respects fulfill the requirements of the
superintendent. Such certificate shall be either probationary or
permanent, and shall indicate the grade of school for which the
person named in the certificate is qualified to teach. The super-
intendent of public instruction may issue, without the require-
ment of examination provided herein, a certificate of qualifica-
tions to any person who has served as a teacher in the public
schools of the state for a term of three school years when in his
judgment the educational interests of the state will be served by
such action.

[Approved April 14, 1911.]

176

Chapter 162.

[1911

CHAPTER 162.

AX ACT RELATING TO CHILD LABOR.

prohibited employment.
Section

1. Of child under twelve and fourteen.

2. Of child under sixteen.

3. Inspection of factories, etc.

4. Newsvendors and bootblacks.

HOURS OP LABOR.

5. Of telegraph messengers, etc.

6. Daily and weekly hours regulated.

certificates.

7. Child under sixteen to furnish.

8. Surrender on termination of em-

ployment.

9. By whom issued.

10. School record, etc., to be examined.

11. Applicant to personally appear.

12. Requisites of certificate.

13. School record, requisites of.

14. Record of certificates.
1.5. Blank forms.

enforcement.

Section

16. Truant officers, duty of.

17. State inspectors, appointment and

duties.

18. Truant officers, appointment and re-

moval of.

CHILDREN APPARENTLY UNDER SIXTEEN

19. Inspectors to require evidence as to

age.

PENALTIES.

20. Illegal employment or permitting

same.

21. Illegal employment after notice.

22. False certificate.

23. Refusal to produce certificate, effect

of.

24. Neglect by school officers.

25. Annual appropriation of $6,500.

26. Takes effect on passage; repealing

clause.

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

PROHIBITED E:MPL0YMENT.

Of children
under twelve
and fourteen.

Of children
under sixteen.

Section 1. No child under the age of twelve shall be em-
ployed, or permitted or suffered to work, in, about, or in connec-
tion with, any mill, factory, workshop, quarry, mercantile estab-
lishment, tenement house, manufactory or workshop, store, busi-
ness office, telegraph or telephone office, restaurant, bakery, hotel,
barber-shop, apartment house, bootblack stand or parlor, or in
the distribution or transmission of merchandise or messages ; nor
shall any child under the age of fourteen be employed, or per-
mitted or suffered to work, in any of the aforesaid while the public
schools are in session in the district in which he resides.

Sect. 2. No child under the age of sixteen shall be employed,
or permitted or suffered to work, in any establishment named in
section 1 during the time in which the public schools are in ses-
sion in the district in wdiich he resides, unless he can read under-
standingly and write legibly simple sentences in the English \?a\-
gWRge: provided, liowever, that if any child shall have reached the
age of fourteen and shall have attended an English-taught school
regularly for not less than three years and shall then be deemed
by the superintendent of schools, or other person authorized to
grant employment certificates, to be mentally incapable of learn-
ing to read nml write legibly the English language in tlie regular

11)11 J Chaptek 162. 177

scliools, the case may be referred tu the state superiiiteudeut of
public iiistriictioii, who, after investigation either by himself or
by his agent, may issue a permit authorizing the employment of
such child even though such child may be unable to read under-
standingly and write legibly simple sentences in the English
language.

Sect. 3. Whenever re<i nested bv the superintendent of public inspection of

• 1 t * ^ f flctoriGS etc

instruction, the State Board of Health shall cause to be made an
inspection of any factory or other place in which children under
the age of sixteen are employed, and may require the discharge
of any child or children found employed therein who by reason
of physical condition, of unsanitary conditions of employment,
or of development below the normal development of children of
that age, cannot in their judgment continue to be employed with-
out undue risk to health.

Sect. 4. ISTo boy under ten and no girl under sixteen years Newsvendors
of age shall sell or exi)0se or ofl'er for sale newspapers, magazines, blacks,
periodicals or other merchandise in any street or public place.
Xo child shall work as a Iwotblack in any street or public place
unless he is over ten years of age.

HOURS OF LABOR.

Sect. 5. 'Ko i)erson under the as'e of eia^hteen years shall be of telegraph

J^ . , ^ c ^ 1 messengers,

ein])loyed or permitted to work as a messenger tor a telegraph, etc.
telephone, or messenger company in the distribution, transmission.
or delivery of goods or messages before five o'clock in the morn-
ing or after ten o'clock in the evening of any day.

Sect. 6. Iso boy under the age of sixteen years, and no girl ^eekiy^'^ifours
under the age of eighteen years, shall be employed, or permitted regulated.
or suffered to work, at anv gainful occupation, other than domes-
tic service or work on a farm, more than fifty-eight hours in any
one week, nor more than eleven hours in any one day; nor before
the hour of half-past six o'clock in the morning, nor after the
hour of seven o'clock in the evening. — except that minors sixteen
years of age or over may work in retail stores and telephone ex-
changes until ten o'clock in the evening.

CERTIFICATES.

Sect. T. Xo child under sixteen years of age shall be em- chud under
ployed, or permitted or suffered to work, in, about, or in connec- firnlsh.
tion with, any place or establishment named in section 1, unless
the jjorson, firm, or corporation employing such child, procures
and keeps on file, and accessible to any truant officer, or other
authorized inspector, an employment certificate as hereinafter
prescribed.

178

Chapter 162.

[1011

Surrender of.

By whom is-
sued.

School record,
etc., to be e.x-
amined.

Applicant to

personally

appear.

Requisites of
certificate.

School record
reauisites of.

Sect. 8. On the termination of the employment of a child
whose emplo;)anent certificate is on file, snch certificate shall be
kept by the employer and surrendered to any authorized inspector
on demand.

Sect. 9. An employment certificate shall be issued only by
the superintendent of schools, or where there is no superintend-
ent, by a person authorized by the school board, provided, hoiv-
ever, that no person authorized as aforesaid shall have authority
to issue such certificate for any child then in or about to enter
such person's own employment, or the employment of a firm or
corporation of which he is a member, officer, or employee : in
the City of Manchester the provisions of chapter 205 of the ses-
sion Laws of 1905 shall remain in force, but the person appointed
under such provisions shall be subject to the terms of this act.

Sect. 10. The person authorized to issue an emplojanent cer-
tificate shall not issue such certificate until he has received, ex-
amined, approved and filed the following papers duly executed :
(1) The school record of such child properly filled out and signed,
as provided in this act. (2) A passport or duly attested tran-
script of the certificate of birth or baptism or public record, show-
ing the date and place of birth of such child. (3) A certificate
from a medical officer of the local board of health, or from a phy-
sician designated by the school board, certifying that the child
has reached the normal development of a child of his age, and that
he is in sufficiently sound health and physically able to perform
the work which he intends to do.

Sect. 11. Ko emplopnent certificate shall be issued until the
child in question has personally appeared before and been exam-
ined by the person issuing the certificate.

Sect. 12. Every such employment certificate shall state the
name, sex, and date and place of l)irth, of the child, shall describe
the color of hair and eyes, the height and weight and any distin-
guishing facial marks of such child; that all papers required by
the preceding sections have been duly examined, approved and
filed ; that the child named in the certificate has appeared before
the person signing the same and been examined ; and that such
child has been found to be able to read understandinglv and write
legibly simple sentences in the English language. Every such
certificate shall be signed, in the presence of the person issuing
the same, by the child in whose name it is issued, and shall show
the date of its issue.

Sect. 13. The school record required by this act shall be
signed by the ])rinci])al or chief executive officer of the school
which the child has attended, and shall be furnished on demand
to a child entitled thereto. Such record shall certify that the
child has regularlv attended the public schools, or private schools
lawfully approved as such, for not less than three hundred half-
davs, as shown by the school register, during the year previous to

lUll] Chaptek 162. 179

his arriving at the age of fourteen, or duriiig the year previous
to a])plying for such school record, and that he is able to read
understandinglj and write legibly simple sentences in the English
language. Such school record shall also give the date of birth
and residence of the child as shown on the records of the school
and the name of his parent, guardian or custodian.

Sect. 14. The superintendent of schools or other person Record of cer-
authorized to issue enlplo;)^nent certificates shall keej) a record of ' ^
the same in a book. Such record shall contain a list of the nanici
of all children to whom certificates are granted, numbered con-
secutively, together with the date of issue and the signature of
the ofiicer issuing the certificate, and such books shall be carefully
preserved.

Sect. 15. All blank forms for records used in the enforce- Blank forms.
ment and administration of this act shall be uniform throughout
the state, shall be prescribed by the superintendent of public
instruction, and shall be furnished by the state, and methods of
keeping the same shall be approved by him as being within the
contemplation of this act.

ENFORCEMENT.

Sect. 16. The truant officer of each school district shall visit. Truant offl-

■ cgrs duty 01.

inspect, and cause to be enforced the provisions of this act in his
district, and for this purpose shall have power to serve warrants.

Sect. 17. The superintendent of public instruction shall ap-^tate mspec-
])oint not exceeding three state inspectors, who shall he paid their ment and du-
necessary expenses and such compensation as the governor and
council shall determine, not exceeding $1,200 per annum each,
and who shall devote their wdiole time to their work. The stajte
inspectors, under the direction of the superintendent of public
instruction, shall inspect _alL factories and other places of employ-
ment within the contemplation of this act and all records and
methods of enforcement. They shall have the same power as to
enforcement and the serviiig of warrants as the several truant
officers. The superintendent of public instruction, with the ap-
proval of the attorney-general, may employ counsel, and provide
legal assistance whenever the same may, in his opinion, be neces-
sary for the enforcement of the provisions of this act, and the
COST thereof shall be a charge upon the appropriation hereinafter
provided.

Sect. 18. The superintendent of public instruction shall fre- Truant oea-
(]ueiitly report to the chairman of the several school boards thcment and°re-"
relative efficiency of the several truant officers. The governor with™°"^^^ °^-
the advice and consent of the council may require school boards
to appoint additional truant officers if in their judgment such
additional officers are necessary. The governor with the advice
and consent of the council may require the school board of any

180

Chapter 162.

[1911

Inspectors to
require evi-
dence as to
age.

school district to remove any truant officer found by them to be
incompetent, and to ajipoint a comjaetent successor ; and upon the
failure or neglect of the school board to do so, they may appoint
such truant officer and fix his compensation and such compensa-
tion shall be paid by the district.

CHILDREN APPAEENTLY UNDER SIXTEEN.

Sect. 19. An inspector or truant officer shall make demand
upon any employer in or about whose place or establishment a
child apparently under the age of sixteen years is employed, or
permitted or suffered to work, and whose employment certificate
is not filed as required by this act, that such employer shall either
furnish him within ten days satisfactory evidence that such child
is in fact over sixteen years of age, or shall cease to employ, or
permit, or suffer such child to work, in such place or establish-
ment. The inspectctr shall require from such employer the same
evidence of age of such child as is required in the issuance of
an emplojinent certificate, and the employer furnishing such
evidence shall not be required to furnish any further evidence of
the age of the child.

PENALTIES.

Illegal em-
ployment or
permitting
same.

Illegal em-
ployment af-
ter notice.

False certifi-
cate.

Refusal to
produce cer-
tificate, effect
of.

Neglect by
school oflBcers.

Sect. 20. Whoever employs any child, and whoever, having
under his control as parent, guardian or otherwise, any child,
jiermits or suffers such child to be employed or to work in viola-
tion of any of the provisions of this act, shall be fined not less
than five nor more than two hundred dollars, or be imprisoned
for not less than ten nor more than thirty days, or both, in the
discretion of the court.

Sect. 21. Whoever continues to emjiloy any child in viola-
tion of any of the provisions of this act, after being notified
thereof by an inspector, or truant officer, shall for every day there-
after that such employment continues, be fined not less than five
nor more than twenty dollars.

Sect. 22. Any person authorized to sign any certificate or
paper called for by this act, who certifies to any materially false
statement therein, shall be fined not less than five nor more than
two hundred dollars, or be imprisoned for not less than five nor
more than thirty days, or both, in the discretion of the court.

Sect. 23. Refusal by an employer to produce any employ-
ment certificate required by this act shall be jmnia facie evidence
of the illegal emplo_\anent of any child whose employment certif-
icate is not produced.

Sect. 24. Any superintendent of schools or other person is-
suing employment certificates, who fails to comply with the pro-
visions of this act shall be fined not less than five nor more than
twentv-five doUars.

1911]

Chapter 163.

181

Sect. 25. The sum of six thousand five hundred dollars an- ^propria-

n . • , 1 r ji PI- ^^°°- °* $6,500.

nually is appropriated lor the purposes oi this act.

Sect. 26. This act shall take effect upon its passage and all on'p^asa^'ge?
acts or parts of acts inconsistent with this act are hereby repealed, repealing

'■ .. i. clause.

[Approved April 15, 1911.]

CHAPTER 163.

AN" ACT IX EELATIOX TO EMPLOYERS LIABILITY AND WORKMEN S

COMPENSATION.

Section

1. Application of act.

2. Liability for injuries caused by

negligence.

3. Acceptance of act by employer.

4. Employee given choice of remedies.

5. Proceedings for compensation.

6. Amount of compensation.

Section

7. Physical examination of claimant.

8. If claimant mentally incompetent.

9. Compensation, how determined.

10. Preference of claims.

11. Contingent claim of attorney.

12. Returns to labor commissioner.

13. Takes effect January 1. 1912.

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

Section 1. This act shall apply only to workmen engaged in Application of
manual or mechanical labor in the employments described in this
section, which, from the nature, conditions or means of prosecu-
tion of such work, are dangerous to the life and limb of workmen
engaged therein, because in them the risks of employment and
the danger of injury caused by fellow servants are great and
difficult to avoid, (a) The operation on steam or electric rail-
roads of locomotives, engines, trains or cars, or the construction,
alteration, maintenance or repair of steam railroad tracks or road
beds over which such locomotives, engines, trains or cars are or
are to be operated, (b) Work in any shop, mill, factory or other
place on, in connection with or in proximity to any hoisting
apparatus, or any machinery propelled or operated by steam or
other mechanical power in which shop, mill, factory or other place
five or more persons are engaged in manual or mechanical labor,
(c) The construction, operation, alteration or repair of wires or
lines of wires, cables, switch boards or apparatus, charged with
electric currents, (d) All work necessitating dangerous prox-
imity to gunpowder, blasting powder, dynamite or any other ex-
plosives, where the same are used as instrumentalities of the
industry, or to any steam boiler owned or operated by the em-
ployer, provided injury is occasioned by the explosion of any such
boiler or explosive, (e) Work in or about any quarry, mine or
foundry. As to each of said employments it is deemed necessary

182 Chapter 163. [1911

to establish a new system of compensation for accidents to work-
men.
Liability for Sect. 2. If, in the conrse of any of the emplojanents above
cauYed%y described, personal injury by accident arising out of and in the
negligence. coursc of the employment is caused to any workman employed
therein, in whole or in part, by failure of the employer to comply
with any statute, or with any order made under authority of law.
or by the negligence of the employer or any of his or its officers,
agents or employees, or by reason of any defect or insufficiency
due to his, its or their negligence in the condition of his or its
plant, ways, works, machinery, cars, engines, equipment, or ap-
pliances, then such employer shall be lial)le to such workman for
all damages occasioned to him, or, in case of his death, to his per-
sonal representatives for all damages now recoveralile under the
provisions of chapter 191 of the Public Statutes. The workman
shall not be held to have assumed the risk of any injury due to
any cause specified in this section ; but there shall be no liability
under this section for any injury to which it shall be made to
appear by a preponderance of evidence that the negligence of the
plaintiff contributed. The damages provided for by this section
shall be recovered in an action on the case for negligence.
Acceptance of Sect. 3. The provisions of section 2 of this act shall not apDlv
pioyer. to any employer who shall have filed with the commissioner of

labor his declaration in writing that he accepts the pro^^sions of
this act as contained in the succeeding sections, and shall have
satisfied the commissioner of labor of his financial ability to com-
ply with its provisions, or shall have filed with the commissioner
of labor a bond, in such form and amount as the commissioner
may prescribe, conditioned on the discharge by such employer of
all liability incurred under this act. Such bond shall be enforced
by the commissioner of labor for the benefit of all persons to
whom such employer may become liable under this act in the
same manner as probate bonds are enforced. The commissioner
may, from time to time, order the filing of new bonds, when in
his judgment such bonds are necessary ; and after thirty days from
the communication of such order to any employer, such employer
shall be subject to the provisions of section 2 of this act until
such order has been complied with. The employer may at any
time revoke his acceptance of the provisions of the succeeding sec-
tions of this act by filing with the commissioner of labor a dec-
laration to that effect, and by posting copies of such declara-
tion in conspicuous places about the place where his workmen
are employed. Any person aggrieved by any decision of the com-
missioner under this section may apply by petition to any justice
of the superior court for a review of such decision and said jus-
tice on notice and hearing shall make such order affirming, re-
versing or modifying such decision as justice may require; and
such order shall be final. Such employer shall be liable to all

1911] Chaftkii 163. 183

workmen engaged in any of the ein])loynicnts specified in section
1, for any injury arising ont of and in the course of their em-
])k:)ynient, in the manner provided in the following sections of
this act. Provided, that the employer shall not be liable in respect
of any injury which does not disable the Avorkman for a period
of at least two weeks from earning full wages at the work at which
he was employed, and, provided, that the employer shall not be
liable in respect of any injury to the workman which is caused
in whole or in part by the intoxication, violation of law, or se-
rious or wilful misconduct of the workman. Provided, further,
that the employer shall at the election of the workman, or his
personal representative, be liable under the provisions of section
2 of this act for all injury caused in whole or in part by wilful
failure of the employer to comply with any statute, or with any
order made under authority of law.

Sect. 4. The right of action for damages caused by any such Employee
injury, at common law, or under any statute in force on January orremed°ies!
one, nineteen hundred and eleven, shall not be affected by this
act, but in case the injured workman, or in event of his death his
executor or administrator, shall avail himself of this act, either
by accepting any compensation hereunder, by giving the notice
hereinafter prescribed, or by beginning proceedings therefor in
any manner on account of any such injury, he shall be barred
from recovery in every action at common law or under any other
statute on account of the same injury. Tn case after such injury
the workman, or in the event of his death his executor or adminis-
trator, shall commence any action at common law or under any
statute other than this act against the employer therefor, he shall
be barred from all benefit of this act in regard thereto.

Sect. 5. Xo proceedings for compensation under this act Proceedings
shall be maintained unless notice of the accident as hereinafter uon.
provided has been given to the employer as soon as practicable
after the happening thereof and before the workman has volun-
tarily left the employment in wdiich he was injured and during
such disability, and unless claim for compensation has been made
within six months from the occurrence of the accident, or in case
of the death of the workman, or in the event of his physical or
mental incapacity, within six months after such death or the re-
moval of such physical or mental incapacity, or in the event that
weekly payments have been made under this article, within six
months after such payments have ceased, but no want or defect
or inaccuracy of a notice shall be a bar to the maintenance of
proceedings unless the employer proves that he is prejudiced by
such want, defect or inaccuracy. Xotice of the accident shall ap-
prise the employer of the claim for compensation under this ar-
ticle, and shall state the name and address of the workman
injured, and the date and place of the accident. The notice may
be served personally or by sending it by mail in a registered letter

184 Chapter 163. [1911

addressed to the eiiiplojer at his last known residence or place of
business.
Amount of Sect. 6. (1) The amount of compensation shall be, in case

tion. death results from injury: (a) If the workman leaves any

widow, children or parents, resident of this state, at the time of
his death, then wholly dej^endent on his earnings, a sum to com-
pensate them for loss, equal to one hundred and fifty times the
a^•erage weekly earnings of such workman when at work on full
time during the preceding year during which he shall have been
in the employ of the same employer, or if he shall have been in
the employment of the same employer for less than a year then
one hundred and fifty times his average weekly earnings on full
time for such less period, but in no event shall such sum exceed
three thousand dollars. Any weekly payments made under this
act shall be deducted from the sum so fixed, (b) If such widow,
children or parents at the time of his death are in part only de-
pendent ujjon his earnings, such proportion of the benefits pro-
vided for those wholly dependent as the amount of the wage con-
tributed by the deceased to such partial dependents at the time
of injury bore to the total wage of the deceased, (c) If he leaves
no such dependents, the reasonable expenses of his medical at-
tendance and burial, not exceeding one hundred dollars. What-
ever sum may be determined to be payable under this act in
case of death of the injured workman shall be paid to his legal
representative for the benefit of such dependents, or if he leaves
no such dependents, for the benefit of the persons to whom the
expenses of medical attendance and burial are due.

(2) Where total or partial incapacity for work at any gainful
employment results to the workman from the injury, a weekly
payment commencing at the end of the second week after the
injury and continuing during such incapacity, subject as herein
]^ro\'ided, not exceeding fifty ]^ev centum of his a\'erage weekly
earnings when at work on full time during the preceding year
during which he shall have been in the employment of the same
employer, or if he shall have been in the employment of the same
employer for less than a year, then a weekly payment of not
exceeding one half the average weekly earnings on full time for
such less ])eriod. In fixing the amount of the weekly payment,
regard shall be had to the difference between the amount of the
average earnings of the workman before the accident and the
a^■erage amount he is able to earn thereafter as wages in the same
employment or otherwise. In fixing the amount of the weekly
pa\anent, regard shall be had to any payment, allowance or benefit
which the workman may have received from the employer during
the ])eriod of his inca])acity, and in the case of partial incapacity
the weekly payment shall in no case exceed the difference between
the amount of the average weekly earnings of the workman before
the accident and the average weeklv amount whicli he is earning

ion] Chapter 163. 185

or is able to earn in the same eiiii)loyineiit or otherwise after the
accident, but shall anioiint to one half of such difference. In no
event shall any compensation paid under this act exceed the
damage suffered, nor shall any weekly payment payable under
this act in any event exceed ten dollars a week or extend over
more than three hundred weeks from the date of the accident.
Such payment shall continue for such period of three hundred
weeks provided total or partial di-;al)ility continue during such
period. Xo such payment shall l)e due or payable for any time
prior to the giving of the notice required by section five of this act.

Sect. 7. Any workman entitled to receive weekly ]')ayments Physical ex-
under this act is required, if requested by the employer, to submit cfai'mant"
himself for examination by a duly qualified medical practitioner
or surgeon provi<led and paid for by the employer, at a time
and ])lace reasonably convenient for the workman, within two
"weeks after the injury, and thereafter at intervals not oftener
than once in a week. If the workman refuses to submit to such
examination, or obstructs the same, his right to weekly payments
shall be suspended until such examination has taken place, and
no compensation shall be payable during or for account of such
period.

Sect. 8. In case an injured workman shall be mentally in- if claimant
competent at the time w^hen any right or privilege accrues to ^mplte^nt!""
him under this act, the guardian of the incompetent appointed
pursuant to law may, on behalf of such incompetent, claim an<l
exercise any such right or privilege with the same force and
effect as if the workman himself had been competent and had
claimed or exercised any such right or privilege, and no limita-
tion of time in this act provide<l for shall run so long as said
incompetent workman has no guardian.

Sect. 0. Any question as to com]iensation which may arise compensa-
under this act shall be determined, by agreement or by an action de^termhiTd.
at equity as hereinafter provided. In case the employer fail to
make compensation as herein provided, the injured workman, or
his guardian, if such be appointed, or his executor or adminis-
trator, may then bring an action to recover compensation under
this act in any court having jurisdiction of an action for recovery
of damages for negligence for the same injury between the same
parties. Such action shall be by petition in equity, which may
be made returnable at the appropriate term of the superior court
or may be filed in the office of the clerk of the superior court
and presented in term time or vacation to any justice of said
court, wdio on reasonable notice shall hear the parties and render
judgment thereon. The judgment in such action if in favor of
the plaintiff" shall be for a lump sum equal to the amount of
payments then due and prospectively due under this act. In
such action by an executor or administrator the judgment may
provide the ])roportions of the award or the costs to be distributed

186

Chapter 163.

[1911

Preference of
claims.

Contingent
claim of at-
torney.

Returns to
labor com-
missioner.

Takes effect
January 1,
1912.

to or between the several dependents. If such detenniiiation is
not made it shall be determined by the probate court in which
such executor or administrator is appointed, in accordance with
this act, on petition of any party interested, on such notice as
such court may direct. Any employer who has declared his in-
tention to act under the compensation features of this act shall
also have the right to apply by similar proceedings to the supe-
rior court or to any justice thereof for a determination of the
amount of the weekly payments to be paid the injured workman,
or of a lump sum to be paid the injured workman in lieu of such
weekly payments ; and either such employer or workman may
apply to said superior court or to any justice thereof in similar
proceeding for the determination of any other question that may
arise under the compensation feature of this act ; and said court
or justice, after reasonable notice and hearing, may make such
order as to the matter in dispute and taxable costs as justice may
require.

Sect. 10. Any person entitled to weekly pa^aiients under
this act against any employer shall have the same preferential
claim therefor against the assets of the employer as is allowed
by law for a claim by such person against such employer for
unpaid wages or personal services. Weekly payments due under
this act shall not be assignable or subject to levy, execution, at-
tachment or satisfaction of debts. Any right to receive compen-
sation under this act shall be extinguished by the death of the
person entitled thereto.

Sect. 11. ]^o claim of any attorney-at-law for any contin-
gent interest in any recovery under this act for services in se-
curing such recovery or for disbursements shall be an enforce-
able lien on such recovery, unless the account of the same be
approved in writing by a justice of the superior court, or. in
case the same be tried in any court, by the justice presiding at
such trial.

Sect. 12. Every employer subject to the provisions of this
act shall from time to time make to the commissioner oi labor
such returns as to its operation as said commissioner may require
upon blanks to be furnished by said commissioner. Any employer
failing to make such returns when required by said eommis^iiouer
shall, until such returns are made, be subject to the provisi.ms
of section 2 of this act.

Sect. 13. This act shall take effect January first, nineteen
hundred and twelve.

[Approved April 15, 1911.]

1911]

Chapter 164.
CHAPTER 164.

187

AX ACT TO ESTABLISH A PUBLIC SERVICE COMMISSION.

Section

1. Meaning of terms used.

2. Commission created; appointment,

removal, tenure of office, requi-
sites, salaries, etc.

3. Powers and duties.

4. Duty of railroads and public utili-

ties.

5. Additional powers of commission.

6. May prescribe system of accounts

and records.

7. Rates to be filed; change in rate,

notice and investigation of; pref-
erential rates prohibited; convey-
ance of electric energy outside
state.

8. Reports to commission; neglect to

file, penalty.

9. Distribution of freight cars, etc.

10. Complaints, how made and investi-
gated; complaints by municipal
officers.
Fixing railroad rates; reconstruction
of railroads; determining reason-
able charges; period of rates to be
specified.

11.

Section
12. Railroad extensions, authority for;
leases, etc., to be approved.

Public utilities to be approved;
transfers and leases; acquisition of
securities of other companies; ad-
ditional rights, how acquired.

Issue of stock and bonds regulated;
for what purposes permitted; sale
of new stock to shareholders; sale
by auction.

Investigation of railroad accidents.

Neglect of duty, proceeding for re-
lief; preference in trial; employ-
ment of counsel.

Orders, how served; right of appeal;
appeal sole remedy; procedure;
rescission of order, etc., effect of:
form of decree; suspension of or-
der by appeal; burden of proof;
application limited.

Violation of orders of commission,
penalty.

Forfeitures, how recovered.

Report of commission.

Repealing clause; act takes effect
May 15, 1911.

13.

14.

15.
16.

17.

18.

19.
20.
21.

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

Section 1. (a) The term commission as used in this act, Meaning of
shall mean the public service commission hereby created.

(b) The term railroad corporation shall include every corpora-
tion, company, association, joint stock association, partnership
and person, their lessees, trustees or receivers, appointed by any
court whatsoever, owning, operating or managing any railroad
or street railway or any cars or equipment used thereon or in
connection therewith, or engaged in carrying on a public express
business over the line of any railroad.

(c) The term public utility shall include every corporation,
company, association, joint stock association, partnership and
person, their lessees, trustees or receivers appointed by any court
whatsoever, except municipal corporations, owning, operating or
managing any plant or equipment or any part of the same for
the conveyance of telephone or telegra])li messages or for the manu-
facture or furnishing of light, heat, power or water for the public,
or owning or operating any ferry or toll bridge.

(d) The term railroad shall include every railroad and street
railway by whatever power operated which is open to public use

188

Chapter 164,

[1911

Commission
created; ap-
pointment,
removal, ten-
ure of office,
requisites,
salaries, etc.

in tlie conveyance of j)ersons or property, for a compensation, also
all bridges, grade crossing, under passes, switches, spurs, tracks,
equipment, stations, and terminals and other facilities and prop-
erty of every kind whatever, used, operated or owned by or in
connection with any such railroad or railway.

Sect. 2. (a) A public service commission is hereby created
to be composed of three competent persons. Immediately after
the passage of this act the governor shall by and with the consent
of the council appoint such commissioners. The term of one such
appointee shall terminate on the first Monday of June. 1913.
The term of the second such appointee shall terminate on the first
Monday of June, 1915. The term of the third such appointee
shall terminate on the first Monday in June, 1917. Prior to
June 1 in the year 1913, and in each year thereafter when the
term of a commissioner is about to expire, there shall be appointed
and confirmed in the same manner one commissioner for the term
of six years from the first Monday of June in that year. Each
commissioner so appointed shall hold his ofilce until his successor
is appointed and qualified. Any vacancies shall be filled by ap-
pointment by the governor for the unexpired term subject to con-
firmation by the council. The chairman of the commission shall
be ap]3ointed and commissioned as such.

(b) iS^o person who owns stock in any railroad corporation in
this state or elsewhere, or who owns stock in any public utility in
this state, or who is employed by any such railroad corporation
or public utility, or is otherwise pecuniarily interested in either
such railroad corporation or public utility, shall be appointed
upon said commission. If after his appointment any commis-
sioner shall become voluntarily interested pecuniarily in any such
railroad corporation or j)ublic utility, he shall be removed by the
governor and council, as for malfeasance in office, and if he shall
become so interested otherwise than voluntarily and shall not
within a reasonable time immediately thereafter divest himself
of such interest he shall be so removed.

(c) The governor and council may at any time remove any
commissioner for inefficiency, neglect of duty, or malfeasance in
office, but no such commissioner shall be removed without a hear-
ing after reasonable notice in writing of the charges against him.

(d) jSTo member of the commission shall render any profes-
sional service for any railroad corporation in this or any other
state, or for any public utility in this state, or act as attorney, or
render professional service against any such railroad corporation
or public utility; nor shall he be a member of a firm which renders
any such service ; nor shall he directly or indirectly be a party to
any contract with any such railroad corporation or public utility,
except a contract for the transportation of telephone or telegraph
messages, or of passengers or property, or a contract for the pur-
chase of water, gas or electricity or for other similar service, l^o

]911] Chapter 164. 189

commissioner sliall hold any national or other state office of profit
except the office of justice of the peace or notary public. If any
commissioner shall violate the provisions of this paragraph he
may be removed by the governor and council as for malfeasance
in office.

(e) The annual salary of the chairman shall be thirty-five
hundred dollars, that of the clerk thirty-two hundred dollars, and
that of the other member three thousand dollars, and shall be
paid from the state treasury in equal quarterly payments.

(f) The commission may, without the approval of the governor
and council, expend not exceeding four thousand dollars annually,
and with the approval of the governor and council such further
sums as may be necessary, in employing stenographers, experts,
accountants and others whose assistance it may require in the per-
formance of its duties, as prescribed by this act, and the same
shall be paid from the treasury of the state.

(g) The commission shall be provided with an office in the
state house, in which its records, documents and books shall be
kept, and with a suitable room in which it may hold any hearings
authorized by the terms of this act.

(h) ]^o commissioner shall sit upon the hearing of any ques-
tion which the commission is to decide in a judicial capacity who
would be disqualified for an}' cause, except exemption from ser-
vice, to act as a juror upon the trial of the same question between
the same parties in an action at law. This shall not be construed
to apply to inquests in accident cases;

(i) If a commissioner shall be disqualified or unable to act in
any particular case pending before the commission the governor
upon a]iplication of the commission shall, with the consent of the
council, appoint a commissioner to act in his place upon said case.
The commissioner so appointed shall be paid a reasonable com-
pensation per day for his services, and his necessary expenses, to
be allowed by the governor and council and paid from the state
treasury.

(j) The commission shall have an official seal in such form as
the commission may prescribe, and all copies of official documents
and orders filed or deposited with said commission or made by
said commission, certified by any member of said commission, and
authenticated by said seal, shall be received in evidence in any
court in like manner as originals.

(k) The commission shall have power to adopt and publish
rules to govern its proceedings, and to regulate the mode and
manner of all investigations and hearings before it, and all hear-
ings shall be open to the public. In any such investigation or
hearing the commission shall not be bound by the technical rules
of evidence.

(1) The commission shall have power to subpoena witnesses
and administer oaths to witnesses in any proceeding or examina-

190 Chapter 164. [1911

tion instituted before it or conducted by it, and to compel by sub-
poena duces tecum the production of any accounts, books, con-
tracts, records, documents, memoranda and papers of any kind
whatever. Witnesses summoned before the conmiission shall be
paid the same fees as witnesses summoned to appear before the
superior court and such summons issued by any justice of the
peace shall have the same effect as though issued for appearance
before the superior court. In lieu of requiring production of
originals by subpoena duces teciun it may recpiire sworn copies
of any such books, records, contracts, documents and papers or
parts thereof to be filed with it. The commission may also require
any railroad corporation or public utility to make specific answers
to questions upon which the commission may need information.
Witnesses who refuse or neglect to appear, or who refuse to tes-
tify, may be compelled to do so, and for that purpose the com-
mission may apply to any justice of the superior court, upon proof
by affidavit of the facts, for an order returnable in not more than
five days, directing any person so refusing to show cause before
the justice making the order or any other justice of the supe-
rior court why he should not be committed as for contempt ;
upon the return of such order, the justice before whom the matter
shall come for hearing shall examine under oath such person
whose testimony may be relevant, and such person shall be given
an opportunity to be heard; and if the justice shall determine
that such person has refused without reasonable cause or legal
excuse to be examined or to answer a legal and pertinent question,
or to produce a book or paper which he was ordered to bring, he
may forthwith commit the offender as for contempt, so to remain
until he submits to do the act which he was so required to do
or is discharged according to law,

(m) No person shall be excused from testifying or from pro-
ducing any book or paper in any investigation or inquiry by or
upon any hearing before the commission when ordered to do so
by the connnission, upon the ground that the testimony or evi-
dence, book or document required of him may tend to incriminate
him or subject him to penalty or forfeiture, l)ut no person shall
be prosecuted, punished or subjected to any penalty or forfeiture
for or on account of any act, transaction, matter or thing concern-
ing which under oath, after claiming his privilege, he shall by
order of the commission have testified or produced documentary
evidence; provided, Jiowerer, that no person so testifying shall be
exempt from prosecution or punishment for any perjury com-
mitted by him in his testimony. Isl^othing herein contained is
intended to give, or shall be construed as in any manner giving to
any corporation immunity of any kind.

(n) The commission may confer by corres})ondence, or other-
wise, with the public service commission or railroad commission
of anv other state and with the interstate commerce commission

1911] Chapter 161. 191

of the United States on any matters relating to railroad eor[)ora-
tions or public utilities.

Sect. 3. (a) All the jmwers and duties imposed and conferred ^°^|g^ ^^^
upon the board of railroad commissioners under existing' laws, ex-
cept in so far as inconsistent with the powers and duties imposed
by this act, are hereby imposed and conferred upon the public
service commission created by this act, and all proceedings and
appeals Avhich under existing laws are required to be brought be-
fore the lioard of railroad commissioners shall hereafter be
brought before said commission, it being the intent hereof to sub-
stitute said public service commission with all the powers and
duties imposed upon the same by this act in the place of said
board of railroad commissioners; ijrovided, however, that the
powers and duties of the board of railroad commissioners shall
continue to be exercised by that board till June 1, 1911, until
which date said board of railroad commissioners now in office
shall continne to serve at their present salary, and on which date
the powers of said l)oard shall terminate and said board shall be
abolished.

(b) On June 1, 1911, the board of railroad commissioners
shall transfer and deliver to the jniblic service commission ap-
pointed under the provisions of this act all books, maps, papers,
files, and records of whatever description in its possession.

(c) The passage of this act shall not affect pending actions or
proceedings, but all actions and proceedings pending before the
supreme court under the p»rovisions of sections 18, 19 and 20 of
chapter 156 of the Public Statutes, or before the board of railroad
commissioners on June 1, 1911, shall thereafter be acted upon
and determined by the public service commission in all respects
as if said actions and proceedings had been originally instituted
before said commission.

Sect. 4. Every railroad corporation and every public utility Duty of raii-
shall furnish such service and facilities as shall be reasonably safe public utiii-
and adequate and in all respects just and reasonable. All charges '^'^^•
made or demanded by any railroad corporation for the transpor-
tation of passengers or ])roperty, or for any service rendered or
to be rendered in connection therewith and all charges made or
demanded by any public utility for the transmission of telephone
or telegraph messages or for gas, electricity or water or any ser-
vice rendered or to be rendered in connection therewith, shall be
just and reasonable and not more than is allowed by law or by
order of the commission. Every charge that is unjust or unrea-
sonable or in excess of that allowed by law or by order of the
commission is prohibited.

Sect. 5. (a) The commission shall have the general super- Additional
vision of all railroad corporations, railroads, public utilities and commission,
the plants owned, operated or controlled by the same, as far as
necessary to carry into effect the provisions of this act.

192

Chapter 164.

[lit 11

System of ac-
counts and
records.

Rates to
filed.

Change in
rate, notice
of.

(b) Said commission shall have power and it shall be its duty
to keep informed as to all railroad corporations in the state, their
capitalization, their franchises, and the manner in which the lines
and property controlled or operated by them are managed and
operated, not only w'itli respect to the adequacy and accommoda-
tion afforded by their service, but also with respect to their com-
pliance with all provisions of law, orders of the commission and
charter requirements. The connnission shall have power either
through its members or duly authorized experts, to inspect any
of the property, or equipment, books or records of any such rail-
road corporations, including the right for such inspection pur-
pose to ride upon any locomotive or train while in service, and
to have upon reasonable notice a special locomotive and inspection
car for a physical inspection once annually of all the lines and
stations of each railroad corporation in the state.

(c) Said commission shall likewise have power to investigate
and ascertain, from time to time, the quality of gas supplied by
public utilities and metho<ls employed by such public utilities
in manufacturing or supplying gas or electricity for light, heat
or power, or in transmitting telephone and telegraph messages,
or supplying water, and after notice and hearing thereon shall
have power to order all reasonal^le and just improvements and
extensions in service or methods.

Sfxt. 6. The commission may wdienever it deems advisable
establish a system of accounts and records to be used by railroad
corporations and by public utilities for their business within this
state and may classify the said railroad corporations and public
utilities and prescribe a system of accounts for each class, and
may prescribe the manner in which said accounts shall be kept ;
provided, liowever, that railroad corporations and public utilities
shall not be required to keep any system of accounts and records
which w^ould conflict with any requirements made of them by the
interstate commerce commission.

Sect. 7. (a) Every railroad corporation and public utility
shall file with the commission, and shall print and keep open to
public inspection, schedules showing the rates, fares, charges and
prices for the transportation of passengers and property or for
any service rendered or to be rendered, in such places, within
such time, and in such form, and w^ith such detail as the commis-
sion ma.y order.

(b) Unless the commission otherwise orders, no change shall
be made in any rate, fare, charge or price, which shall have been
filed or published by a railroad corporation or public utility in
compliance with the requirements of this section except after
thirty days' notice to the commission and such notice to the public
as the commission within ten days after receipt of the notice afore-
said shall direct. In the case of railroad corporations and public
utilities subject to regulation by the interstate commerce commis-
sion, the requirements relative to the filing of schedules with the

1911J Chapter 164. 193

commission and to the pul)lication thereof shall conform as nearly
as may l)e to the requirements of the interstate commerce com-
mission under the provisions of the act of congress entitled "An
Act to liegulate C'onnnerce," and the acts amendatory thereof
and su])plementary thereto.

(c) Whenever any schedule shall be filed with the commission investigation,
under paragraph (b) of this section stating new and higher rates,

fares, charges or prices, which the railroad corporation or public
utility filing the same purposes to put into force, the commission
may investigate the reasonableness of such proposed rates, fares,
charges or prices. Pending any such investigation and the deci-
sion thereon, the commission shall have power, by an order served
upon the railroad corporation or public utility affected, to sus-
pend said schedule, and to forbid the demanding or collecting of
the rates, fares, charges or prices, covered by the schedule for
such period or periods not to exceed six months in all as in the
judgment of the commission nu^y be necessary for such investi-
gation.

(d) Xo railroad corporation or public utility shall make or Preferential

. , ' 111' ' 1 rates prohib-

give any undue or unreasonable preference or advantage to any ited.
person or corporation or to any locality or to any particular de-
scri]ition of service in any respect whatsoever, or subject any
particular person or corporation or locality or any particular
description of service to any undue or unreasonable prejudice
or disadvantage in any resi)ect whatsoever; provided, however,
that the provisions of this section shall not be taken to require
absolute uniformity in the charges made and demanded by public
utilities when the circumstances render any lack of uniformity
reasonable or be taken to prevent telephone, telegraph and cable
companies from entering into contracts, subject to the approval
of the commission, with common carriers for the exchange of
services or to affect existing contracts relating thereto ; and pro-
vided, further, that said provisions shall not be taken to prohibit
a public utility from establishing differential rates or a sliding
scale for the automatic adjustment of such charges if said rates or
sliding scale, subject to the approval of the commission, shall be
reasonable and just.

(e) No corporation en2:ao;ed in the generation of electrical conveyance of
energy by water power shall engage in the business of transmit- ergy outside
ting or conveying the same beyond the confines of the state unless ®*^^®'

it shall first file notice of its intention so to do with the public
service commission and obtain an order of said commission per-
mitting it to engage in such business. The commission may of
its own motion or on application of any person, investigate or
make inquiry, in a manner to be determined by it, as to the exist-
ence of an available market at fair rates within the state ; and if
it shall find that such a market does not exist within a reasonable
distance of the power development, it may make an order grant-

194

Chapter 164.

[1911

Reports to
commission.

Neglect to
file, penalty.

Distribution
of freight
cars, etc.

Complaints,
how made
and investi-
gated.

iiig such permission and may impose the condition that consum-
ers within the state shall be furnished service by said corporation
upon terms as favorable as shall be granted to consumers outside
the state, having due regard to all facts and conditions which
may affect said subject. Provided however, that nothing in this
paragraph shall apply to corporations noAv engaged in the business
of transmitting such electrical energy to any place outside the
state, but any addition to such energy generated from any water
power except such as it may be using in connection with such
business at the date of the passage of this act, shall come under
the provisions of this paragraph. Provided further that the pro-
visions of this paragraph shall not apply to the transmitting of
electrical energy generated from water powers upon the Connecti-
cut river ; nor shall they prevent any railroad corporation doing
business in this state from transmitting electric energy beyond
the confines of the state for the purpose of operating its road be-
tween some point in this state and any point or points outside the
state.

Sect. 8. (a) Every railroad corporation and public utility
shall file with the commission reports at such times, verified by
oath in such manner, and setting forth such statistics and facts
as may be required by the commission. In the case of railroad
corporations annual reports shall conform as nearly as may be to
those required of common carriers by the interstate commerce
commission under the provisions of the act of congress entitled,
"An Act to Regulate Commerce," and the acts amendatory thereof
and supplementary thereto.

(b~) If any railroad corporation or public utility shall neglect
or refuse to make and file any report within a time specified by
the commission, or shall neglect or refuse to make specific answer
to any question lawfully asked by the commission, such railroad
corporation or public utility shall forfeit to the state the sum of
one hundred dollars for each and every day it shall continue to
be in default with respect to such report or answer, unless it shall
be excused by the commission from m-aking such report or answer
or the time for making the same shall be extended by the com-
mission.

Sect. 9. The commission shall have power to make reason-
able regulations for the furnishing and distribution of freight cars
to shippers, for the switching of the same, for the loading and
unloading thereof, for reciprocal demurrage charges in respect
thereto, and for the weighing of cars and property offered for
shipment or transportation by any common carrier.

Sect. 10. (a) Any person may make complaint to the com-
mission by petition setting forth in writing any thing or act
claimed to be done or omitted to be done by any railroad corpo-
ration in violation of any provision of law or of the terms and
conditions of its franchises or charts i or of any order of the

1911] Chapteu 164. 195

eonnnissioii. Thereupon the conniiissioii shall cause a copy of said
complaint to be forwarded to the railroad cor])oration complained
of, which may be accompanied by an order, requiring that the
matters complained of be satisfied, or that the charges be answered
in writing within a time to be specified by the commission. If
the railroad corporation complained of shall make reparation for
any injury alleged and shall cease to commit or to permit the
violation of law, franchise or order charged in the complaint,
and shall notify the commission of that fact before the time al-
lowed for answer, the commission shall not be required to take
any further action upon the charges. If, however, said charges
be not thus satisfied, and it shall appear to the commission that
there are reasonable grounds therefor, it shall investigate such
charges in such manner and by such means as it shall deem prop-
er, and after notice and hearing take such action Avithin its powers
as the facts justify.

(b) The commission may, of its own motion, investigate or
make inquiry, in a manner to be determined by it, as to any act
or thing done or omitted to be done by any railroad corporation
or public utility, and the commission shall make such inqury in
regard to any act or thing done or omitted to be done by any such
railroad corporation or public utility in violation of any provision
of law or order of the commission.

■ / T , ' L . ' T , -," /.by municipal

01 any city, or by the mayor of any city, or by the selectmen oi officers.
any town in which a public utility is authorized to manufacture,
sell or supply gas or electricity for heat, light or power, or to
supply water, or to transmit telephone or telegraph messages,
or upon the complaint in Avriting of not less than one hundred
customers or subscribers of such public utility in cities of thirty
thousand or more inhabitants, or of not less than fifty in cities
of twenty thousand or more inhabitants, or of not less than
twenty-five in any other city or town, or upon petition of a
public utility supplying said gas, electricity or water, or trans-
mitting such messages, as to the quality of the service fur-
nished by such public utility, or the charges made therefor, or
that such charges are insufficient, the commission shall investi-
gate as to the cause for such complaint. It may personally or
by its experts inspect the works, system, plant, devices, appli-
ances, and methods used by such public utility in manufacturing
and supplying such gas, electricity or water, or transmitting such
messages, and may examine or cause to be examined the books
and papers of such public utility pertaining to the service com-
plained of.

Sect. 11. (a) Whenever the commission shall be of opinion. Fixing raii-
after a hearing had upon its own motion or upon a complaint, ^°^^ ^^*^^'
that the rates, fares or charges demanded or collected or ]>roposed
to be demanded or collected by any railroad corporation for the

196

Chaptek 164.

[1911

Reconstruc-
tion of rail-
roads.

Determining

reasonable

charges.

transportation of persons or property within the state are unjust
or unreasonable or that the regulations or practices of such rail-
road corporation aifecting such rates are unjust or unreasonable,
or in any wise in violation of any provision of law, or that the
maximum rates, fares or charges, chargeable by any such railroad
corporation are insufficient, the commission shall determine the
just and reasonable rates, fares, and charges to be thereafter ob-
served and in force as the maximum to be charged for the service
to be performed, and shall fix the same by order to be served upon
all railroad corporations by which such rates, fares, and charges
are thereafter to be observed; provided, however, that when any
railroad corporation shall seek the benefit of any order of the
commission allowing said railroad corporation to charge and col-
lect rates higher than charged at the time said order is asked for.
the burden of proving the necessity of the increase shall be upon
said railroad corporation, and provided further that the commis-
sion shall not allow an increase above any rate prescribed or lim-
ited by statute.

(b) Whenever the commission shall be of the opinion, after a
hearing, had upon its own motion or upon complaint, that any
part of any railroad within the state, reasonably requires altera-
tion or reconstruction, or that the regulations, practices, equip-
ment, appliances, or service of any railroad corporation in respect
to transportation of persons or property within the state, are un-
just, unreasonable, unsafe, improper or inadequate the commis-
sion shall notify the railroad in writing of its opinion and recom-
mendations in respect thereto and shall insert in their next report
to the governor and council an account of their proceedings and
recommendations. If the railroad shall unreasonably neglect or
refuse to adopt the recommendations of said commission, the com-
mission may make an order as hereinafter prescribed in cases
affecting the public safety. In any case where the safety of the
public or of the employees of such railroad is concerned, the com-
mission may in the first instance determine the reconstruction or
alteration reasonably required or the just, reasonable, safe, ade-
quate and proper regulations, practices, equipment, appliances
and service thereafter to be in force, or to be provided, and shall
fix and prescribe the same by order to be served upon every rail-
road corporation to be bound thereby; and thereafter it shall be
the duty of every such railroad corporation to observe and obey
each and every requirement df every such order so served upon it,
and to do everything necessary or proper in order to secure absolute
compliance with, and observance of every such order by all of its
officers, agents and employees.

(c) Whenever the commission shall be of the opinion after a
hearing had on its own motion or upon complaint that any public
utility is demanding or collecting, or proposes to demand or col-
lect charges unjustly or unreasonably high, or upon petition that

1911] Chapter 164. 197

the charges are insufficient, the commission shall determine the
just and reasonable charges and may by order fix the maximum
price to be charged ; provided, hoivever, that when any pu1)lic
utility shall seek the benefit of an order of the commission allow-
ing said public utility to demand and collect charges higher than
have been before charged, or than have been before allowed by
order of the commission, the burden of proving the* necessity of
the increase shall be upon said public utility.

(d) The rates, fares and charges fixed and allowed by the ^^J^Pg^^*^" ^^
commission to be charged and collected by any railroad corpora-
tion and the charges allowed by it to be charged by any public
utility shall be the rates, fares, charges or ])rices to be charged
by the railroad corporation or by the public utility affected by
the order of the commission fixing the same for such period of
time not exceeding two years, as shall be prescribed in the order
of the commission, unless the same shall be suspended or set aside
by a court of com]ietcnt jurisdiction. Xothing herein contained
shall prevent a pulilie utility at any time from entering into a
contract, with a customer for a period exceeding two years at
rates then lawful.

Sect. 12. (a) Without first having obtained the permission Railroad ex-
of the commission no railroad corporation shall begin the con- thority %n*^'
struction of an extension of its railroad or of any branch thereof,
and the commission shall grant such permission whenever, after
due hearing, it shall determine that such construction or extension
would l)e for the ]iublic good and not otherwise. If the petition
shall be granted the railroad corporation shall file in the office of
the secretary of state a copy of the petition and of "the order of
the commission thereon. Authority granted under the provisions
of this section may only be exercised within two years after the
same is granted ; and shall not be exercised thereafter.

(b) Xo franchise nor any right to or under any franchise, to Leases, etc.,
own or operate a railroad shall be assigned, transferred or leased, proved^^'
nor shall any contract or agreement with reference to or affecting
any such franchise or right be valid or of any force or effect what-
soever, unless the assignment, transfer, lease, contract or agree-
ment shall have been approved by the commission.

Sect. 13. (a) Xo public utility shall commence within this Public uuii-
state the business of transmission of telephone or telegraph mes- proved. ^ ^^"
sages or of supplying the public with gas, electricity or water, or
shall engage in such business or begin the construction of a plant,
line, main or other apparatus or appliance intended to be used
therein in any city or town in which at the time it shall not al-
ready be engaged in such business, or shall exercise any right or
privilege under any franchise hereafter granted (or any franchise
heretofore granted but not heretofore actually exercised) in such
town, without first having obtained the permission and approval of

198

Chapter 164.

[1911

Leases to be
approved.

Acquisition of
securities of
other compa-
nies.

Additional
riglits. how
acquired.

the comiiiission. The commission shall grant such permission
whenever it shall, after due hearing, determine and find that such
engaging in business, such construction or such exercise of the
right, privilege or franchise would be for the public good and not
otherwise ; and may prescribe such terms and conditions upon the
exercise of the privilege granted u.n<ler such permission as it shall
consider for the public interest. Authority granted under the
provisions of this section may only be exercised within two years
after the same shall be granted and shall not be exercised there-
after.

(b) 1^0 i3ublic utility shall transfer or lease its franchise, works
or system or any part of such franchise, works or system exercised
or located in this state to any other person or corporation or con-
tract for the operation of its works and system located in this state
until the commission shall make an order assenting thereto.

(c) Xo public utility shall directly or indirectly acquire the
stocks or bonds of any other corporation incorporated in or doing
business in this state and engaged or preparing to engage in the
same or a similar business unless authorized to do so by order of
the commission; provided, however, that nothing in this act shall
in any manner prevent a public utility being in fact the owner at
the time of the passage of this act of the majority of the capital
stock of any other public utility or leasing or operating such other
public utility from acquiring the balance or all of the outstanding
capital stock of such other public utility a majority of which
stock is so owned or which is so leased or operated. Every con-
tract, assignment, transfer, or agreement for transfer of any stock
by or through any person or corporation to any corporation in vi-
olation of any provision of this section shall be void and of no
effect, and no such transfer or assignment shall be made upon the
books of any public utility, or shall be recognized as effective for
any purpose.

(d) Whenever it is necessary, in order to meet the reasonable
requirements of service to the public that any railroad corporation
or public utility subject to supervision under this act should con-
struct a line, branch line, extension or a pipe-line, conduit, line
of poles, toAvers or wires across the land of any other person or
corporation, or should acquire land for necessary extension of any
plant or works operated by such railroad corporation or public
utility, and such railroad corporation or public utility cannot
agree with the owner or owners of such land as to the necessity
or the price to be paid therefor, such railroad corporation or public
utility may petition the commission for such rights and easements
or for permission to take such lands as may be needed for said
purposes. Said commission shall, upon due notice to all parties
in interest, hear and determine the necessity for the right prayed
for and the compensation to be paid therefor,' and shall render

11)11] Chapter 164. 199

judgment accordingly. In the case of railroad corporations the
proceedings in said mattei's shall be as is provided in chapter 158
of the Public Statutes relating to taking for railroad purposes ; and
any ])arty aggrieved shall have the same rights of appeal as are
therein ])rovided. In the case of a public utility, the petition
shall set out the title and the descri])tion of the land involved,
the rights to be taken therein and the public use for which the
same are desired, and the petition and final decree thereon shall
be recorded, if said petition shall be granted, in the registry of
deeds in the county or counties in which the real estate aifected
thereby is located ; any party aggrieved by the order of the com-
mission awarding damages may within sixty days after the entry
of the order and not afterwards file in the superior court oi the
county in which the land is located a petition to have the dam-
ages assessed by a jury, upon which ])etition order of notice shall
issue and after the order of notice has been complied with the
court shall assess such damages by jury.

Sect. 14. (a) No railroad corporation or pidJic utility shall issue of stock
issue any stock, bonds, notes or other evidence of indebtedness pay- regulated.
able more than twelve months after the date thereof, without first
procuring an order of the commission authorizing the same. Upon
petition of the directors of a railroad corporation or public utility
the commission shall, after pul)lic notice and hearing, determine
the amount of stock or bonds which in its opinion is reasonably
requisite for the purposes for which the issue is to be made, and
shall within thirty days after final hearing upon such petition file
in the office of the secretary of state a certificate setting out the
amount of the increase which it has authorized, and the purposes
for which the proceeds of such new stock or bonds may be used,
No railroad corporation or public utility shall apply the proceeds of
any stock, bonds or notes to any other purpose than those specified
in the order of the commission authorizing the issue of the same.
Every railroad corporation and public utility issuing stocks, bonds,
or other evidence of indebtedness subject to the provisions of this
section shall file with the commission an account showing in such
detail as the commission shall require the disposition of the pro-
ceeds of such issue; provided, hoiuever, that no public utility or
railroad corporation not owning, operating or maintaining a rail-
road within this state, subject to the provisions of this act shall
be required to apply to the commission for authority to issue
stocks, bonds, notes or other evidence of indebtedness except for
the acquisition of property, the construction, completion, exten-
sion or improvement of its facilities or the improvement or main-
tenance of its service within this state or the discharge or refund-
ing of its obligations or reimbursement of moneys actually ex-
pended for such purposes.

200

Chapter 164.

1911

For what
purposes per-
mitted.

Sale of new
stock to
shareholders.

(I)) A railroad cor])oration for the purpose of building a branch
or extension of its railroad ; or of aiding in the construction of
another railroad ; or of taking stock in an elevator corporation and
erecting and operating elevators upon its own road and upon those
leased to or operated by it ; or of building depots or of abolishing
grade crossings or of building or purchasing power houses, shops
or other structures and machinery or equipment for the same ;
or of making permanent improvements or additions to its plant,
rolling stock or appliances ; or of purchasing the shares of the
capital stock of any railroad corporation whose railroad property
is leased to or operated by it, or of any other railroad corporation
a majority of the capital stock of which is owned by the purchas-
ing road ; or of paying or refunding its funded debt, or of paying
floating indebtedness or money borrowed, where such debt or in-
debtedness was created or the money used for any of the purposes
hereinbefore enumerated, may from time to time, with the au-
thority of the commission as herein provided, increase its capital
stock or bonds beyond the amounts fixed and limited by its ar-
ticles of association or its charter, or by any act of the general
court, provided that such increase shall first be authorized by the
vote of a majority of the stockholders present at any meeting of
the corporation duly called for that i)urpose.

(c) Whenever a railroad corporation or public utility shall in-
crease its capital stock it shall, except as hereinafter provided,
offer the new shares proportionately to its stockholders at such
price not less than the par value thereof as shall have been de-
termined by its stockholders in their vote for the issue of the same.
The directors shall cause written notice of the increase in capital
stock to be given to each stockholder of record upon the books of
the corporation at the date designated by the directors at a meeting
following the order of the commission authorizing the issue, which
notice shall state the amount of the increase, the number of shares
or fractions of shares to which the stockholder is entitled, the
price at which he is entitled to take them, and shall fix a time not
less than fifteen days after the date so designated by the directors
within which he may subscribe therefor. Each stockholder may
within the time so limited subscribe for his proportion of the new
stock which shall be paid for in cash before the issue of a certif-
icate. The determination by the commission of the amount of
stock reasonably requisite for the purpose for which the issue is
made shall be leased upon the price at which such stock is to bo
offered to stockholders as fixed by the vote of the stockholders ;
provided, however, that the commission shall refuse to authorize
any particular issue of stock if in its opinion the price fixed by
the stockholders is so low as to be inconsistent with the juiblic
interests.

1!J11] Chapter 104. 201

(d) When an incrciLse in eai)ital stock does n(jt exceed four per saie by auc-
cent. of the existing capital stock of the corporation the directors '°°'
may, withont first offering the same to the stockholders sell the

new shares hy ]ml)lic auction to the highest bid<ler at not less than
])ar vahie to l)e actnallv ])aid in cash. If after the expiration of
the notice to stockholders hereinliefore provided any shares of the
new issue of stock remain nnsuhscribed by stockholders entitled to
take them, the directors shall sell the same by ])ublic auction to
the highest bidder at not less tlian ]^ar value to be actually ])aicl
in cash. .Vll shares of stock to be dis]iosed of by public auction
to the highest bidder under the provisions of this act shall be
offered for sale in such city or town as may be prescrilied by the
commission, and the notice of tlie time and place of sale shall be
pubbished at least five times innnediately preceding the time fixed
for the sale in such newspapers, not less than three in number,
as may be prescribed by the commission.

(e) The commission nuiy authorize a public utility to issue its
stocks or bonds in payment for ])ro])erty or stocks, bonds or other
securities of like corporations which it may lawfully acquire, upon
such terms as the commission may ajijn'ove, having due regard to
the public good.

Sect. 15. The commission shall investigate the causes of all investigation

. , , . , M 1 1' 1 1 • • °^ railroad

accnlents happening npon the railroads oi the state resulting m accidents,
the loss of life and of all other accidents so happening which in
the ojnnion of the commission ought to be investigated. Any such
investigation may be made by the full commission or by a single
commissioner, as the commission may determine. If such inves-
tigation is made by a single commissioner, said commissioner for
the purposes of the particular inA'estigation shall have and exercise
all the powders of the full commission.

Sect. 16, (a) Whenever the commission shall be of opinion Neglect of
that a railroa<l corporation or public utility is failing or omitting, c^eding^^Tor
or about to fail or omit, to do anything required of it by law, or relief.
Iw ord.er of the commission, or is doing anything, or about to do
anything, or permitting anything or about to permit anything to
be done contrary to or in violation (^f law or of any order of the
commission it shall have authority to lay the facts before the
attorney-general, and to direct him immediately to begin an ac-
tion in the name of the State of ]^ew Hampshire praying for ap-
])ropriate relief by mandamus or injunction or otherwise. Upon
the beginning of such suit it shall be the duty of the court to
specify the time not exceeding twenty days after service of a copy
of the petition within which the defendant complained of must
answer the petition. In case of default in answer or after answer,
the court shall immediately make inquiry into the facts and cir-
cumstances in such matter as the court shall direct without other
or formal pleadings, and wuthout res])ect to any technical require-

202

Chapter 164.

[1911

Preference in
triaJ.

Employment
of counsel.

Orders, how
served.

Right of ap-
peal.

merit. Such other jDersons or corporations as the court shall deem
necessary or proper to join as parties in order to make its order,
judgment or writs effective, may be joined as parties upon appli-
cation of counsel for the state. The final judgment in any such
action or proceeding shall either dismiss the action or proceeding,
or direct that a writ of mandamus or an injunction or other ap-
jjropriate process shall issue as prayed for in the petition, or in
such modified or other form as the court may determine will afford
appropriate relief.

(b) All actions and proceedings under this act and all actions
and proceedings commenced or prosecuted by order of the com-
mission, or to which the commission may be a party or in which
any question arises under this act, or under or concerning any
order or action of the commission, shall be preferred over all other
civil causes except election causes in all courts of the State of
ISTew Hamj)shire and shall be heard and determined in preference
to all other civil business pending therein excepting election
causes, irrespective of position on the calendar, and any such ac-
tion or proceeding may upon motion of counsel for the state be
heard in a different county from that in which it was begun if
such course will expedite a final decision.

(c) If in the opinion of the commission there shall at any time
be occasion therefor the commission may request the attorney-gen-
eral or may employ other counsel to represent the state in cases
arising under the first paragraph of this section, or wherein any
act or order of the commission is involved. Such counsel shall he
allowed reasonable attorney's fees and their necessary disburse-
ments, to be approved by the governor and council and paid from
the treasury of the state. The power granted by this section is
in addition to that granted by paragraph (f) of section 2 of this
act.

Sect. 17. (a) Every order of the commission shall be served
upon every person or corporation to be affected thereby, either by
personally delivering or sending by registered mail a certified
coj^y thereof to such person, or, in the case of a corporation, to
some officer or agent thereof upon Avhom writs could be served
under the provisions of chapter 219 of the Public Statutes. Every
order of the commission shall take effect at a time therein speci-
fied, and, except as otherwise in this act especially provided, shall
continue in force for a period therein designated unless the same
shall be suspended, modified or set aside by the commission or
be suspended or set aside by a court of competent jurisdiction.

(b) Any party in interest aggrieved by any order of the com-
mission or by any part of an order containing distinct and sever-
able ])rovisions, may appeal therefrom by complaint in the nature
of a bill in equity, filed in the superior court in any county in
which the appealing party might commence an action at law, or

1911] Chapter 164. 203

at the o})ti()ii of s^iieli j)arty in tlit' comity of Merrimack, against
the commission as defendant, to vacate and set aside such order
or part thereof upon the ground that the same is unlawful or un-
reasonable. If such order contains distinct provisions, the com-
plaint shall state whether the whole thereof is claimed to l)e un-
just and unreasonable, and shall distinctly specify the portions
complained of if less than the whole. Upon the filing of such
complaint the clerk of the superior court shall issue an order of
notice in accordance with equity practice, which shall be served
upon some mend)er of the commission. The answer of the com-
mission shall be filed and a copy furnished to the appellant within
thirty days after service, whereupon the proceedings shall be at
issue and stand ready for trial upon thirty days' notice given by
either party, to the other, and the same shall be tried and deter-
mined as other suits in equity. Any person or corporation inter-
ested may intervene and become a party to such proceedings, and
the court may order such persons or cor])orations to be joined as
parties as justice may require. All issues presented by such an
appeal shall be tried and determined by the court.

(c) iNTo proceeding other than the appeal herein provided for Appeal sole
shall be maintained in any court of this state to set aside, enjoin ^^"^^ ^'
the enforcement of, or otherwise review or impeach any order of

the commission, except for excess of jurisdiction or other errors
cognizable under the general supervisory power. E\'ery such ap-
peal, and any other judicial proceeding to quash or otherwise re-
view or obtain relief from any order of the commission, shall be
taken or exercised within sixty days after the entry or rendition
of such order and not afterwards; pj'ovided, lioirerer, that the
court may, upon petition, permit the commencement of such an
appeal, for cause shown, at any time within ninety days from
the entry or rendition of such order.

(d) Upon the trial of every such aj^peal, the order appealed Procedure,
from and the findings of the commission upon all questions of

fact pro]ierly before it shall be deemed prima facie lawful and
reasonable, and the order appealed from shall not be set aside or
vacated except for errors of law unless the court is satisfied by a
clear preponderance of the evidence before it that such order is
unjust or unreasonable. With the answer of the commission there
shall 1)0 filed a transcript of the testimony introduced before the
commission, together with the originals or copies of all exhibits
introduced in evidence before the commission. If, upon the trial
of such appeal, evidence shall be introduced which is found by the
court to he different from that offered upon the hearing before the
commission or additional thereto, the court, before rendering judg-
ment, u]xm the request of either party, shall transmit a copy of
such evidence to the commission and stay further proceedings for
fifteen days from the date of such transmission. Upon receipt
of such evidence, the commission shall consider the same and mav

204

Chapter 164.

[1911

Rescission of
order, etc.,
effect of.

Form of de-
cree.

Suspension of
order by ap-
peal.

Burden of
proof.

alter, modify, amend or rescind the order appealed from, and shall
report its action thereon to the conrt within ten days from the
receipt of such evidence.

(e) If the commission shall rescind the order appealed from
the appeal shall he dismissed ; if it shall alter, modify or amend
the same, such altered, modified or amended order shall take the
place of the original order complained of, and the court shall ren-
der judgment with reference thereto in said appeal as though such
order had been made by the commission in the first instance, after
allowing any amendments of the pleadings or other incidental
proceedings desired by the parties which the changed situation
may require. If the original order shall not be rescinded, mod-
ified or altered by the commission, judgment shall be rendered
with reference to such original order.

(f) The final judgment upon every appeal shall be a decree
dismissing the appeal, or vacating the order complained of in
whole or in part, as the case may be ; but in case such order is
wholly or partly vacated the court may also, in its discretion, re-
mand the matter to the commission for such further proceedings,
not inconsistent with the decree, as in the opinion of the commis-
sion justice may require.

(g) Xo appeal or other proceedings taken from an order of
the conmiission shall susj)end the operation of such order ; pro-
vided, however, that the superior court may order a suspension of
such order pending the determination of such appeal or other pro-
ceeding whenever, in the opinion of the court, justice may require
such suspension ; but no order providing for a reduction of rates,
fares or charges shall he suspended except upon conditions to be
imposed by the court providing a means for securing the prompt
repayment of all excess rates, fares and charges over and above
the rates, fares and charges which shall be finally determined to
be reasonable and just. Any order of the court suspending an
order of the commission fixing reasonable rates, fares, charges or
prices, shall, among other things, provide that the railroad cor-
poration or public utility afl^ected by the order suspended shall
keep such accounts as shall suffice to show the amount being col-
lected by such railroad corporation or public utility, pending the
appeal, in excess of the amounts Avhich it would have collected if
the order or decree of the commission had not been suspended,
and that any such excess shall be impounded within the state or
paid into court. Whenever there is occasion after final decision
for the distribution of said excess, any violation on the part of
any railroad corporation or public utility, or of the officers or
members thereof, of the order of the court providing for the re-
payment of said excess may be punishable as a contempt of court.

(h) In all trials, actions and proceedings arising under the
provisions of this act or growing out of the exercise of the author-

1011] Chapter 164. 205

ity and powers granted herein to the coniniission, the hnrden of
proof shall be npcjn the party adverse to snch commission or seek-
ing to set aside any determination, reqnirenient, direction or order
of snch commission to show by clear and satisfactory evidence
that the determination, requirement, direction or order of the
commission complained of is unreasonable or nnlawfnl, as the
case may be.

(i) The provisions of this section shall not apply to appeals ^^pJ.^cation
from the assessment of damages in eminent domain proceedings,
bnt such appeals shall be taken and prosecuted as ])rovided in
section 13 of this act.

Sect. 18. Every railroad corporation and public utility and violation of^^
all officers and agents of the same shall obey, observe, and comply mission,
with every order made by the commission, under authority of
this act so long as the same shall be and remain in force. Any
railroad corporation or public utility which shall violate any pro-
visions of this act, or which fails, omits or neglects to obey, ob-
serve or comply with any order or any direction or requirement
of the commission, shall be fined a sum not exceeding five thou-
sand dollars. Every officer and agent of any such railroad cor-
poration or public utility who shall willfully violate or who pro-
cures, aids or abets any violation of this act, or who wilfully fails
to obey, observe, and comply with any order of the commission,
or who procures, aids or abets any such railroad corporation or
public utility in its failure to obey, observe and comply with
any such order or provision shall be guilty of a misdemeanor and
shall be fined not more than one thousand dollars, or imprisoned
not more than six months or both.

Sect. 19. Any forfeiture incurred under the provisions of Forfeitures.
this act shall be recovered in an action brought by the attorney- ered.
general in the name of the State of jSTew Hampshire, and when
recovered shall be paid into the treasury of the state. The com-
mission shall have authority to direct the institution of such ac-
tion, and the attorney-general may institute such action without
direction whenever he shall have knowledge that such forfeiture
has been incurred.

Sect. 20. The commission shall file with the secretary of Report of

, ,, in 1 • -r\ 1 • 1 • • 1 '' commission.

state on or before the first day m December its biennial report to
the legislature, which shall contain an account of its doings dur-
ing the years, a statement of the expenses incurred by it, such
statistical and other information with regard to railroads and
public utilities in the state as the commission may deem of public
interest and such suggestions and recommendations as to needed
legislation, or other matters affecting railroad corporations and
public utilities as the commission may think will promote the
public good.

206

Chapter 165.

[1911

Repealing
clause; act
takes effect
May 15, 1911.

Sect. 21. Sections 18, 19 and 20 of chapter 156 of the Public
Statutes, and chapter 19 of the Laws of 1897, chapter 42 of the
Laws of 1901, chapter 60 of the Laws of 1909 and chapter 100
of the Laws of 1907 are expressly repealed; provided, however,
that such repeal shall not attect the rights of either party in any
proceeding now pending. All acts and parts of acts which in any
way conflict with the provisions of this act are repealed so far as
they do so conflict, and this act shall take effect May 15, 1911.

[Approved April 15, 1911.]

CHAPTEE 165

AN ACT ^MAKING APPEOPRIATIOXS FOE THE EXPENSES OF THE STATE
OF NEW HAMPSHIRE FOE THE YEAE ENDING AUGUST 31, 1912.

Section
1. Appropriations for sundry purposes.

Section
2. Takes effect June 1. 1911.

Be it enacted, hy tlie Senate and House of Representatives in
General Court conrenrd:

Executive.

Secretary of
state.

Section 1. The sums hereinafter mentioned are appropri-
ated, to be paid out of the treasury of the state, for the purposes
specified, for the fiscal year ending on the thirty-first day of Au-
gust, nineteen hundred and twelve, to wit:

For the executive department, $36,250, as follows: For salary
of governor, three thousand dollars ; for salary of governor's sec-
retary, eight hundred dollars ; for honorable council, per diem,
and expenses, five thousand dollars ; for contingent fund, one thou-
sand five hundred dollars ; for transportation, six hundred dollars ;
for incidentals, one hundred dollars ; for printing blanks, two
hundred fifty dollars : for special contingent fund for use of the
governor and council in protecting the interests of the state,
twenty-five thousand dollars.

For the secretary of state department. $11,550 as follows: For
salary of secretary, four thousand dollars ; for salary of deputy
secretary, one thousand five hundred dollars ; for clerical expenses,
seven hundred fifty dollars; for incidentals, three hundred dol-
lars ; for printing report, five hundred dollars ; for printing blanks,
one hundred fifty dollars ; for purchase of Xew Hampshire Law
Eeports, one thousand fifty dollars ; for express, six hundred fifty
dollars; for postage, three hundred fifty dollars; for indexing
province records, etc., one thousand five hundred dollars; for
Australian ballot, one hundred dollars ; for direct primary, two
hundred dollars: for automobiles, $7,000, as follows: for expenses,
seven thousand dollars.

1011] Chapter 165. 207

For treasury dcpartiiiont .$(),r.r)0, as follows: For salary of state treas-
treasiircr, two thousaiid five hiiii<li'tMl dollars; for salary of deputy ^^^'
treasurer, one thousand five linndrod dollars; for clerical expenses,
one thousand dollars; for incidentals, three hundred dollars; for
printing report, four hundred fifty dollars ; for printing blanks,
two hundred fifty dollars ; for compiling statistics, two hundred
dollars ; for treasurer's and deputy's bonds, three hundred fifty
dollars. For treasury department, expense legacy tax law, $6,900,
as follows : For salary of attorney in charge, two thousand five
hundred dollars; for salaries of assistants, one thousand four
hundred dollars ; for copies of wills and records, one thousand
four hundred fifty dollars ; for office supplies and incidentals, five
hundred dollars ; for printing and stationery, two hundred dollars ;
for travel and expenses of litigation, eight hundred fifty dollars.

For auditor's department, $5,200, as follows: Salary of au- state auditor,
ditor, three thousand dollars ; for clerical expenses, one thousand
two hundred dollars ; for incidentals, four hundred dollars ; for
printing report and blanks, six hundred dollars.

For insurance department, $6,000, as follows: For salary of i°s"r*°ce

1 1 T 11 c 1 • 1 commis-

commissioner, two thousand dollars ; for clerical expenses, one sioner.
thousand six hundred dollars ; for incidentals, seven hundred
dollars; for j^rinting report, one thousand three hundred dollars:
for printing blanks, four hundred dollars.

For bank commission department, $12,000, as follows: For Bank com-
salaries of commissioners, three (payable monthly), seven thou-
sand five hundred dollars ; for clerical expenses, one thousand
dcdlars ; for expenses of commissioners, one thousand two hundred
dollars ; for incidentals, one thousand one hundred dollars ; for
printing report and printing blanks, one thousand two hundred
dollars.

For public service commission department, $23,500, as follows : Public service
For salaries, twelve thousand dollars ; for experts, clerks, and as- sion™'^'
sistants, seven thousand five hundred dollars; for expenses of com-
missioners, one thousand dollars; for incidentals, including print-
ing, etc., three thousand dollars.

For permanent tax commission department, $15,000, as fol- Tax com-
lows : For salaries, eight thousand dollars ; for clerical expenses, °^'^^^°^-
one thousand dollars ; for expenses of commissioners, one thousand
five hundred dollars ; for incidentals, including printing, four
thousand dollars ; for printing report, five hundred dollars.

For public printing commission department, $2,750, as follows: Printing com-
For clerical expenses, six hundred dollars ; for incidentals, one
hundred dollars ; for printing blanks, fifty dollars ; for purchase
of paper stock, two thousand dollars.

For department of indexing, $1,000, as follows: For salaries, indexing.
one thousand dollars.

For state house department, $15,700. as follows: For salaries state house,
and payroll, six thousand five hundred dollars ; for fuel, two thou-

208

Chapter 165.

[1911

Legislative
expenses.
Constitu-
tional con-
vention.
Supreme
court.

Superior
court.

Attorney-
general.

Judges of pro-
bate.

Registers of
probate.

sand five liTiiidred dollars; for power and lights, two thousand five
hundred dollars ; for water, two hundred dollars ; for repairs, fur-
niture an<l incidentals, two thousand five hundred dollars ; for tel-
ephone, switch hoard and operator, one thousand five hundred
dollars.

For exjDenses of legislature, two hundred fifty dollars ($250).

For expenses of calling constitutional convention, thirtv-five
thousand dollars ($35,000).

For supreme court department, $24,400, as follows: For sal-
aries of justices, twenty thousand two hundred dollars; for salary
of clerk, five hundred dollars ; for salary of messenger, two hun-
dred dollars ; for salary of state reporter, one thousand eight hun-
dred dollars; for justices' expenses, seven hundred dollars; for
transportation, one hundred dollars ; for inci<lentals, five hundred
fifty dollars ; for examination of students, three hundred fifty dol-
lars.

For superior court department, $22,800, as follows: For sal-
.aries of justices, tw^enty thousand two hundred dollars; for jus-
tices' expenses, two thousand dollars ; for incidentals, two hundred
dollars ; for transportation, four hundred dollars.

For attorney-general department, $7,600, as follows: For sal-
ary of attorney-general, four thousand dollars; for clerical ex-
])enses, one thousand five hundred dollars ; for incidentals, includ-
ing assistants, one thousand five hundred dollars ; for printing
blanks, one hundred dollars; for enforcement of liquor laws, five
hundred dollars.

For probate court department, salaries of judges, $9,900, as
follows: For Rockingham county, one thousand two hundred
dollars; for Strafford county, eight hundred dollars; for Belknap
county, six hundred dollars ; for (^arroll county, seven hundred
dollars ; for Merrimack county, one thousand two hundred dol-
lars ; for Hillsborough county, two thousand dollars ; for Cheshire
county, nine hundred dollars ; for Sullivan county, six hundred
dollars ; for Grafton county, one thousand dollars ; for Co(")s coun-
ty, nine hundred dollars.

For probate court department, salaries of registers of probate
and deputies, $11,100, as follows: For Rockingham county reg-
ister, one thousand two hundred dollars ; for Rockingham county
deputy, five hundred dollars; for Strafford county register, one
thousand dollars ; for Carroll county register, six hundred dollars ;
for Belkna]) county register, six hundred dollars ; for ]\Ierrimack
county register, one thousand two hundred dollars ; for ]\[erri-
mack county deputy, six hundred dollars ; for Hillsborough county
register, one thousand five hundred dollars ; for Hillsborough
county deputy, eight hundred dollars ; for Cheshire county regis-
ter, six hundred dollars ; for Sullivan county register, six hun-
dred dollars; for Grafton county register, one thousand dollars;
for Coos countv reu'ister. nine hundi'ccl dollars.

l«jji] Chai'Teh lt)0. 209

For })ul)lic iiih^trnc'tioii (le])Hi'tineiit, $10,500, as follows: For Public in-
salarv of superintendent, payable monthly, three thousand five
hundred dollars; for salaries of clerks, two thousand three hun-
dred dollars; for truant officer (attendance and child labor work)
two thousand six hundred dollars; for incidentals, one thousand
four hundred dollars; for printing' l)laids;s, seven hundred dollars.
For bill relating' to chihl labor, $(;,r)00, as follows: For salaries,
three thousand six hundred dollars ; for traveling and ])rinting,
two thousand nine hundred dollars. For schools (chapter 158,
Laws of 1909), one hundred fifteen thousand dollars ($115,000),
(unexpended balances of previous years to be carried forward).

IForl state normal school der)artment, Plymouth, $26,520, as Normal

iJ '^ 111' 11 school, Ply-

follows: For salaries of teachers and clerk, twenty thousand two mouth,
hundred seventy dollars ; for maintenance and operation, five thou-
sand dollars ; for incidentals, one thousand dollars ; for i)rinting
re])ort, fifty dollars; for expenses of trustees, two hundred dollars.

For state normal school department, Keene, $17,050, as fol- Normal

'■ 111- • school, Keene.

lows : For salaries, eleven thousand five hundred dollars ; for main-
tenance and operation, four thousand five hundred dollars ; for
incidentals, eight hundred dollars; for printing report, fifty dol-
lars ; for expenses of trustees, two hundred dollars.

For Xew Hampshire College of Agriculture, $8,000, as fol- college of

1 o o 1 agriculture

lows: For free tuition to New Hampshire students, three thou-
sand dollars; for running exjienses, five thousand dollars.

For Dartmouth College, twenty thousand dollars ($20,000 ) Dartmouth
for educational work.

For deaf, dumb, and blind department, $16,000, as follows : Deaf, dumb.
For support and education, fifteen thousand eight hundred fifty ^°
dollars ; for Deaf Mute jMission, one hundred fifty dollars.

For state library department, $18,450, as follows: For main- state library,
tenance of building, three thousand one hundred dollars ; for
maintenance of library, two thousand two hundred sixty dollars;
for salaries, six thousand one hundred ninety dollars ; for books,
periodicals, and binding, six thousand dollars; for expenses of
trustees, one hundred fifty dollars ; for l)ulletin, two hundred fifty
dollars ; for repairs on building, five hundred dollars.

For state board of charities and correction department, $3,760, Board of
as follow's: For salary of secretary, one thousand eight hundred correction,
dollars ; for clerical expenses, eight hundred dollars ; for inciden-
tals, four hundred dollars ; for printing Idanks, sixty dollars ; for
traveling expenses, seven hundred dollars.

For commissioners of lunacy department, $800, as follows : For Lunacy com-
clerical expenses, five hundred dollars ; for incidentals, two hun- ™'^^*°'^-
dred dollars ; for printing blanks, one hundred dollars.

For State Hospital department, $200,000, as follows : For the state hos-
su])])ort of the indigent, convict, twenty-year patients, and de-
]^endent insane, including salaries and wages of officers and em-
ployees and library, two hundred thousand dollars.

210

Chapter 165.

[1911

Industrial
school.

State prison.

Soldiers'
home.

School for
feeble-
minded.

State sana-
torium.

Prisoners'
aid associa-
tion.
Labor bureau.

Board of ag-
riculture.

Board of
health.

For Industrial School department, $50,300, as follows: For
salaries, fifteen thousand dollars ; for clerical expenses, three hun-
dred dollars ; for maintenance, thirty-five thousand dollars.

For State Prison department, $9,.j00, as follows: For war-
den's salary, two thousand dollars ; for chaplain's salary, one thou-
sand dollars ; for physician's salary, five hundred dollars ; for
parole officer's expenses, one hundred dollars ; for parole officer's
salary, two hundred dollars; for prison library, two hundred dol-
lars ; for special repairs, one thousand dollars ; for deficit in run-
ning expenses, four thousand five hnndred dollars.

For Soldiers' Home, $15,000, as follows: For maintenance,
fifteen thousand dollars.

For Xew Hampshire School for Feeble-Minded Children, $35,-
100, as follows: For maintenance, thirty-five thousand one hun-
dred dollars.

For Xew Hampshire State Sanatorium, $18,000, as follows:
For maintenance, eighteen thousand dollars.

For Prisoners' Aid Association, twenty-five dollars ($25).

For bureau of labor department, $G,200, as follows: For labor
commissioner's salary, one thousand six hundred dollars ; for sal-
aries of clerk and assistants, two thousand dollars ; for expenses of
arbitration, five hundred dollars ; for incidentals, including travel,
one thousand five hundred dollars ; for printing blanks, one hun-
dred dollars ; for printing report, five hundred dollars.

For board of agriculture department, $11,400, as follows: For
salary of secretary, one thousand five hundred dollars ; for clerical
expenses, one thousand dollars ; for incidentals, two hundred fifty
dollars ; for expenses, members of board, three hundred dollars ;
for printing blanks, fifty dollars ; for institutes and public meet-
ings, one thousand tw^o hundred dollars ; for feeding stuffs inspec-
tion, eight hundred dollars ; for fertilizer inspection, one thousand
six hundred dollars ; for nursery inspection, three hundred dol-
lars ; for seed inspection, two hundred dollars ; for publications
(chapter 96, Laws of 1905), three thousand dollars; for Granite
State Dairymen's Association, expenses, seven hundred dollars ;
Xew Hampshire Horticultural Society, expenses, five hundred
dollars. For cattle commission, contagious diseases, $20,000, as
follows : For animals destroyed, ten thousand dollars : for in-
spection, disinfection, and appraisal, three thousand five hundred
dollars ; for services and expenses of board, one thousand five
hundred dollars ; for possible expenses, epidemics, five thousand
dollars.

For state board of health department, $11,750, as follows: For
salary of secretary, two thousand five hundred dollars; for salary
of clerk, five hundred dollars; for incidentals, four hundred fifty
dollars ; for printing blanks, three hundred dollars ; for epidemic
fund (chapter 30, Laws of 1903), five thousand dollars; sanitary
inspections (chapter 163, Laws of 1909), two thousand five hun-

1911] Chapter 165. 211

drecl dollars; for tuljerculosis dispensaries (chapter 152, Laws of
1909), five hundred dollars. For laboratory of hygiene depart-
ment, $6,300, as follows: For salaries of two chemists, three
thousand dollars ; for salaries of two bacteriologists, one thousand
eight hundred dollars ; for incidentals, one thousand one hundred
dollars ; for printing blanks and sanitary bulletin, four hundred
dollars. For vital statistics department. $1,600, as follows: For
clerical expenses, incidentals, and printing blanks, one thousand
six liundred dollars.

For commissioners of i:»harmacv department, $1,360, as f ol- P^^^™^cy

i " T 7^77 commission.

lows : For compensation, three hundred seventy-five dollars ; for
incidentals and expenses, seven hundred dollars; for ])rintiug
blanks, ten dollars ; for printing report, twenty-five dollars ; for
expenses, enforcement of law, two hundred fifty dollars.

For jSTew Hampshire board of registration in dentistry, $400, board^'^'^^
as follows : For compensation, two hundred five dollars ; for
transportation and expenses, seventy dollars ; for incidentals, one
hundred fifteen dollars ; for printing report, ten dollars

Steamboat in-

For steamboat inspectors, one hundred fifty dollars ($150). specters.

For medical referees, printing, fifty dollars ($50). ' llfJs.^^ ''^^'

For adjutant-generars department. $67,325, as follows: For Adjutant-
salary of adjutant-general, one thousand five hundred dollars; for ^^°'^''^ •
clerical expenses, one thousand dollars ; for incidentals, nine hun-
dred dollars ; for printing blanks, seven hundred dollars ; for rifle
ranges, nine hundred fifty dollars ; for rifie ranges, ne»w house
bill jSTo. 532, two thousand seven hundred dollars ; for officers'
uniforms, two thousand six hundred fifty dollars; for armories,
Concord, Manchester, ^N^ashua, seven thousand dollars ; for New
Hampshire National Guard, forty-four thousand nine hundred
dollars ; so much of this appropriation as is necessary to pay the
expenses of the annual encampment is available June first, 1911 ;
for new house bill 532, five thousand tw^enty-five dollars. For
military organizations, $300, as follows: For Amoskeag Vet-
erans, one hundred dollars ; for Manchester War Veterans, one
hundred dollars ; for Lafayette Artillery Company, one hundred
dollars.

For bounty on hedgehogs, seventy-five hundred dollars ($7.- eo""*'^^-
500). For bounty on bears and grasshoppers five hundred dol-
lars ($500).

For lights and buoys department, $1,915, as follows: For buSs! ''"'^
Winnipesaukee lake, one thousand one hundred dollars ; for Sun-
apee lake, four hundred dollars; for Squam lake, three hundred
dollars ; for Winnisquam lake, sixty-five dollars ; for Endicott
rock, fifty dollars.

For Firemen's Kelief Fund, $4,000, as follows: For chapter ^1,'^^™^°^^ '•e-
64. section 2, Laws of 1899, two thousand dollars; for contingent
fiind, chapter 128. Laws of 1903. two thousand dollars.

212

Chapter 165.

[1911

Fish and
game commis-
sion.

Forest pro-
tection.

Motli sup-
pression.

State liigli-
ways.

Interest
ctiarges and
maturing
bonds.

State histo-
rian.

For fish and game commission department, $25,150, as follows:
For salaries, two thousand six hundred dollars ; for general ex-
penses, including fish hatcheries at Laconia, Colebrook, and Con-
way, and screens, eleven thousand j6.ve hundred dollars ; for per-
sonal expenses, one thousand five hundred dollars ; for detectives,
eight thousand five hundred dollars ; for incidentals, two hundred
dollars ; for trans])ortation, two hundred fifty dollars ; for print-
ing, six hundred dollars ; for service of sheriffs having authority
through the state, wdiile doing detective work, when required by
the governor, thirty-six hundred dollars.

For forestry protection, $20,000, as follows: For salaries state
forester and assistant, three thousand seven hundred dollars ; for
traveling expenses of state forester and assistant, eight hundred
dollars ; for salary and exi)enses, four district chiefs, two thousand
one hundred dollars ; for clerical expenses, nine hundred dollars ;
for commissioners' expenses and incidentals, one thousand two
hundred dollars ; for printing blanks, five hundred dollars ; for
forest fire expenses for towns, four thousand five hundred dollars •
for state forest nursery, eight hundred dollars ; for lookout sta-
tions, establishment and maintenance, three thousand dollars ; for
forest fire warden conferences, one thousand dollars ; for preven-
tion of fires, one thousand five hundred dollars.

For suppression of moths, twelve thousand five hundred dol-
lars ($12,500).

For highway department, $125,000, as follows: For perma-
nent improvement (unexpended balances of previous years to l)e
carried forward), one hundred twenty-five thousand dollars.

Interest charges and maturing bonds, $76,571.47, as follows:
Fiske legacy, one thousand fifty-five dollars and fourteen cents :
for Kimball legacy, two hundred seventy dollars and fourteen
cents ; for Agricultural College fund, four thousand eight hundred
dollars ; for Hamilton Smith fund, four hundred dollars ; for
Teachers' Institute fund, two thousand three hundred eighty-three
dollars and ninety-two cents; for Benjamin Thompson fund,
thirty-one thousand eight hundred eighty-seven dollars and twenty-
seven cents ; for temporary loans, two thousand five hundred dol-
lars; for library loans, three thousand dollars; for Agricultural
College loan, five thousand four hundred dollars ; for hospital loan,
issue 1905, four thousand nine hundred dollars; for hospital
loan, issue 1907, five thousand two hundred fifty dollars; for
hospital loan, issue 1909, two thousand nine hundred seventy-
five dollars ; for sanatorium loan, one thousand seven hundred
fifty dollars; for hospital loan, issue 1905, principal, ten thousand
dollars.

For state historian, $7,570, as follows : For compensation, two
thousand five hundred dollars ; for clerical expenses, one thousand
four hundred dollars ; for incidentals, two hundred fifty dollars ;
for ])riuting and binding ]Miblications, three thousand dollars; for

1911]

Chapter 166.

213

printing l)lanks, twenty dollars ; for copies of records in England,
four hundred dollars.

For G. A. R. department, $1,300, as follows: For printing, g- a. r.
three hundred dollars ; for burial of soldiers and sailors, new bill
No. Ill, 1911, one thousand dollars.

For Xew Hampshire Historical Society, five hundred dollars Historical so-
($500). '"'''•

Appropriations herein for the public service department, the
permanent tax commission, the constitutional convention, attor-
ney-general, child labor, Dartmouth College, and other specials,
are not in addition thereto, but in place thereof.

Sect, 2. This act shall take effect June 1, 1911.

Takes effect
June 1, 1911.

[Approved April 15, 1911.]

CHAPTER 166.

AN ACT IJf AMENDMENT OF CHAPTER 128, LAWS OF 1909, ENTI-
TLED "an act to IMPROVE THE STATE SYSTEM OF FOREST PRO-
TECTION."

Section

1. Prior provisions amended.

2. New sections added.

3. Appropriations until August 31, 1911.

4. Appropriations for year ending Au-

gust 31, 1912.

Section

5. Appropriations for year ending Au-

gust 31, 1913.

6. Repealing clause; act takes effect on

passage.

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

Section 1. Chapter 128 of the Laws of 1909 is hereby Prior pro-
amended by striking out sections 2, 4, 5, 6, 7, S, 9, 10. 11, 12,Imemfed.
13, 15, 17, 18, 19, and 20 and inserting in place of the said sev-
eral sections respectively the following sections :

Sect. 2, The forestry commission shall appoint a state forester state forester,
to serve at the will of the commission at a salary to be fixed by duties! 'et^c" '
them, not exceeding $2,500 a year. The state forester shall, under
the supervision of the forestry commission, execute all matters
pertaining to forestry within the jurisdiction of the state, and
shall be allowed reasonable traveling, field expenses and office ex-
penses in the necessary performance of his official duties. Tt shall
be the duty of the state forester to direct, aid and co-operate with
all district chiefs, forest fire wardens and other employees of the
state, as provided for in this act, and see that they take such ac-
tion as is authorized by law to prevent and extinguish forest fires
and to do other work which the forestry commission may under-

duties, etc.

214 Chapter 166. [1911

take for the protection, improvement and extension of forests.
He shall as far as his other duties may permit, carry on an edu-
cational course of lectures within the state, and may conduct ex-
hibits on forestry at fairs within the state. He may under the
direction of the forestry commission, conduct investigations with-
in the state on forestry matters and publish for distribution liter-
ature of scientific or general interest pertaining thereto. He shall,
under the direction of the forestry commission, prepare biennially
a 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, replacement and exten-
sion. Such report shall contain an itemized statement of all ex-
penses incurred or authorized by the state forester or by the for-
estry commission.
Forest fire Sect. 4. The Selectmen of all towns and the mavors of all

wardens, ap- ••in i i • • i " i- j_i •

pointment. Cities shaJI, aucl other citizens may, as soon as may be, alter this
act takes effect, recommend to the state forester the names of such
persons as niay in their estimation be fit to fill the offices of forest
fire warden and deputy forest fire warden in their respective towns
and cities. After investigation the state forester may choose and
appoint from the persons recommended, as abo\'e prescribed, not
more than one competent person in each town or city to be the
forest fire warden fo^" said town or city and such deputy forest
fire wardens as he deems necessary. Upon the ap]iointment of a
forest fire warden by the state forester in any town or city, the
term of office of the forest fire warden then or theretofore acting
in said city or town shall immediately cease and the new appointee
or appointees shall thereafter serve for one year, or until a succes-
sor is appointed as hereinbefore provided. The state forester shall
have the power in the exercise of his discretion, to remove any
forest fire warden or deputy forest fire warden from office. Upon
the termination in any manner of the term of office of any forest
fire warden or deputy forest fire warden, a successor shall be ap-
pointed in the manner hereinbefore provided for the appointment
of such officers originally. Forest fire wardens and deputy forest
fire wardens, themselves, or some agent or agents designated by
them, shall, when directed by the state forester, patrol the woods
in their respective cities or towns, warning persons who traverse
the woods, campers, hunters, fishermen and others, about lighting
and extinguishing fires. They shall ])Ost extracts from the fire
laws, and other notices sent thein by the state forester, along the
highways, along streams and waters frequented by tourists and
others, at camp sites, and in other public places. If, in or near
woodlands, any person, other than the owner of said land or his
agents acting under his direction, shall build a fire when warned
not to do so by an authorized official, or shall fail to extinguish a
fire when ordered to do so by an authorized official, he may be
arrested by such official without a warrant.

1911] Chapter 166. 215

Sect. 5. In unincorporated places the state forester may ap- rated *°iac?s°'
point a forest fire warden and one or more deputy forest fire war-
dens to have the same powers and the same duties as the town
forest fire wardens. When so appointed by the state forester, said
forest fire wardens and deputy forest fire wardens shall succeed
the present incumbent or incumbents, if any. The state forester
shall have the power to remove said forest fire wardens and deputy
forest fire wardens from office, at his discretion.

Sect. 6. The state forester shall, under the direction of the district

cni6is

forestry commission, divide the state into not more than four dis-
tricts according to water-sheds, and may appoint a district chief
in each district. Said district chief shall serve at the will of the
state forester, not more than eight months in any one year, at a
daily wage not exceeding $3 per day and necessary expenses. It
shall be the duty of the district chief to assist the state forester in
directing and aiding all forest fire wardens and deputy forest fire
wardens in his district in the performance of their duties, and to
perform such duties as the state forester and forestry commission
may direct in the protection, improvement, and extension of
forests.

Sect. 7. It shall be the duty of the forest fire warden and Assistance in
deputy fire warden to extinguish all brush and forest fires occur-
ring in his town, and either of them may call such assistance as
he deems necessary to assist him in so doing, and may require
the use of wagons, tools, horses, etc., for that purpose, but such
authority shall not interfere with the authority of chiefs of city
fire departments. If any person fails to respond to the warden's
call for his assistance or the use of his property, he shall be fined
not exceeding ten dollars for each offense. Forest fire wardens
and deputy forest fire wardens in towns and unincorporated places
shall be allowed for their services such remuneration as may be
fixed by the forestry commission and the state forester. The own-
ers of all property required by the forest fire warden or deputy
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 or deputy forest fire compensa-
warden and the persons summoned to assist him or furnish the termined^ ^^'
use of property, shall fail to agree upon the terms of compensation
at the time or after the required service has been rendered, the
dispute shall be referred to the commissioners of the county in
which the city or town is located, for final settlement.

Sect. 9. The expenses of fighting forest and brush fires in |^P^i^®^ 9^
towns and cities and other expenses lawfully incurred by forest how borne. '
fire wardens and deputy forest fire wardens of said towns and
cities in preventing forest fires, shall be borne equally by the to\^Ti
or city and by the state. The forest fire wardens shall render to
the selectmen or the' mayor, as the case may be, a statement of
said expenses within one month of the date they are incurred.

216

Chapter 166.

[1911

Expense in
unincorpo-
rated places.

Reports of
fire wardens.

Kindling fires
on public
land, etc.

which said bill shall show in detail the amount and character of
the services performed, the exact duration thereof, and all dis-
bursements made bj said w^ardens, and must bear the approval of
the forest fire w^arden, and the approval also of the deputy forest
fire warden, if said expenses were incurred by the authority of said
deputy forest fire warden ; said bill shall be audited, and if ap-
proved by the selectmen of the towai or mayor of the city wherein
such services were incurred, shall be paid on the order of the se-
lectmen by the toAvn or city treasurer. A duplicate bill, showing
that the same has been audited and paid by the town, shall be filed
by the selectmen or the mayor with the state forester, Avho shall
draw his order on the state treasurer in favor of said town or
city for the portion of said bill for which the state is liable in
accordance with the provisions of this section.

Sect. 10. The forest fire wardens and the deputy forest fire
wardens in unincorporated places shall render to the state fores-
ter a statement of such expenses as they have lawfully incurred
under this act in fighting or preventing fires in woodlands within
one month of the date upon which such expenses are incurred.
The aforesaid statement shall show in detail the amount and char-
acter of the services performed, the exact duration thereof, and
all disbursements so made by the forest fire w^arden, and the
deputy forest fire w^arden, if said expenses were incurred by the
authority of said deputy forest fire warden. The aforesaid state-
ment shall be audited by the state forester and if by him approved
he shall draw an order upon the state treasurer for the same.
The expenses incurred in fighting forest and brush fires and other
expenses lawfully incurred by a forest fire warden or a deputy
forest fire warden in preventing forest fires in an unincorporated
place shall be borne equally by the state and said unincorporated
place ; but the total expense 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 assessment of taxes in unincorporated places generally.

Sect. 11. Forest fire wardens and deputy forest fire wardens
shall make reports to the district chief of the district in which
they are located or to the state forester at such time and in such
form as the state forester may require. If a warden has any
reason to believe that any forest or brush fire in his city or town
was caused in violation of statute he shall report to the state for-
ester all the facts coming within his knowledge. The state fores-
ter may then bring the facts before the attorney-general of the
state, who if the facts as reported seem to him sufficient, shall
take action to recover the penalty fixed by statute for such vio-
lation.

Sect. 12. 'No person shall kindle a fire upon public land
without permission first had from the forestry commission, state

1911] Chapter 1(56. 217

forester, district chief forest lire warden, deputy forest fire war-
den, or from the official caretaker of such public land. No person
shall kindle a fire upon the land of another without permission
first had from the owner thereof or from the owner's agent.

Sect. 13. Between the first day of April and the first day Burning
of November, inclusive, of each year, no person shall kindle a fire lated.
or burn brush in or near woodland without the written permission
of the forest fire warden or presence of the forest fire warden or
person appointed to represent him.

Sect. 15. The state forester, or the forest fire warden, or the ^'sht of

^ . 1 warden to

deputy forest fire warden, may arrest, without a warrant, any arrest,
person or persons taken by him in the act of violating any of the
laws for the protection of forest lands, and bring such person or
persons forthwith before a justice of the peace or other justice
having jurisdiction, who shall proceed without delay to dispose
of the matter as justice may require.

Sect. 17. If any forest fire warden or deputy forest fire war- Neglect of
den provided for in this act shall wilfully neglect or refuse to ^^^^' P^°^''y-
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 forfeit-
ures so recovered shall be paid into the state treasury.

Sect. 18. It shall be the duty of any person who discovers Failure to ex-
a forest or brush fire not under control or supervision of some p'^naity. '^'
person to extinguish it or report it immediately to the forest fire
warden or deputy forest fire warden or official in charge of forest
protection, and failure so to do shall be punished by a forfeiture
not exceeding ten dollars to be recovered upon the complaint of
the warden.

Sect. 19. All moneys received from fines imposed under and Disposition of
by virtue of the provisions of this act shall be paid to the state ^^^^-
treasurer and kept by him as a separate fund, to be paid out by
him upon the requisition of the state forester, for use in connec-
tion with the prevention and suppression of forest fires.

Sect. 20. Whenever any person or persons shall supply the Estabiish-
necessary funds therefor, so that no cost or expense shall accrue Ihf par°ks.''"'''
to the state, the forestry commission is hereby authorized to buy
any tract of land and devote the same to the purposes of a public
reservation. If they cannot agree with the owners thereof as to
the price, they may condemn the same under the powers of em-
inent domain, and the value shall be determined as in the case of
lands taken for highways, with the same rights of appeal and jury
trial. On the payment of the value as finally determined, the
land so taken shall be vested in the state, and forever held for the
purposes of a public reservation. 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 di-
rection of the forestry commission, and the tract shall at all times

218

Chapter 166.

[1911

state forest
nursery.

Mountain
lookout sta-
tions.

Annual con-
ferences.

be open to the use of the public. The forestry commission may
take means for the protection of such reservation from forest
iire, and, as far as compatible with the wishes of the donor, may
plant and remove trees and otherwise improve the forest condi-
tions. The commission is empowered to receive in the name of
the state free gifts of land for the purposes of forestry, in such
manner that no cost of purchase shall accrue to the state, and
may arrange for the registration of necessary papers, map and
survey the land, protect it from fire, plant, cut and otherwise im-
prove the forests as it is advisable within the limits of the appro-
priation. The commission is empowered to purchase, with the
consent of the governor and council, suitable tracts of ]and for
use in demonstrating the principles of forestry, and make pro-
visions for the management of the same, as is advisable within the
limits of the appropriation. All revenue derived from the sale
of forest products from state land shall revert to the state ti*eas-
ury, except the revenue derived from the state nursery, which
shall be re-invested in the state nursery by the forestry commis-
sion.

Sect. 2. The following sections numbered 23, 24, 25, and 26
are hereby enacted as an addition to said chapter 128, Laws of
1909 : Sect. 23. The state forester, under the supervision of
the forestry commission, is hereby empowered to acquire in the
name of the state suitable land and maintain the same as a state
forest nursery. He shall raise seedling trees of useful varieties
for planting and shall, on terms approved by the commission,
sell said seedling trees to persons who desire to plant them within
the state. He may under the supervision of the commission enter
into agreement with persons or institutions to grow seedling trees
to be disposed of as above prescribed, if the commission deems it
expedient so to do.

Sect. 24. The state forester, with the consent of the forestry
commission, is empowered to purchase in the name of the state
the equipment of the present mountain lookout stations and to
maintain such stations thereafter, and to establish and maintain
additional mountain lookout stations connected by telephone lines
to be used for the discovery and control of forest fires, and shall
have the right to receive and hold in the name of the state gifts
of land for observatory sites and rights of way for paths and tel-
ephone lines. If observatory sites or rights of way necessary for
the maintenance and effective operation of lookout stations can-
not be acquired by gift or purchase, the forestry commission shall
have the right to acquire the same under the power of eminent
domain, and the value thereof shall be determined as in the case
of lands taken for highways, with the same rights of appeal and
jury trial.

Sect. 25. The state forester, under the direction of the for-
estry commission, may call annual conferences of the forest fire

1911] Chapter 166. 219

wardens and other einployecs of the forestry department in dif-
ferent sections of the state for the purpose of improving the ser-
vice. jS^ot more than ten such meetings shall be held within one
fiscal year and not more than one meeting shall be held for the
wardens of any one section within one fiscal year. Those sum-
moned by the state forester shall be allowed their traveling ex-
penses in attending such conferences. He may with the consent
of the forestry connnission secure the attendance at such confer-
ences of expert foresters from without the state, the said experts
to be paid their necessary traveling expenses.

Sect. 26. For the purpose of prevention of fire, the state Tools and ap-
forester may establish at advantageous points throughout the state
supply stations for tools and apparatus used in fire fighting and
provisions necessary to men employed ; make proper maps for the
use of district chiefs and forest fire wardens, build fire trails and
fire lines ; employ paid patrols at suitable points and at necessary-
times, and use other means as seem advisaljle to the commission
within the limits of the appropriation.

Sect. 3. The following sums are hereby ai)propriated for car- Appropria-

. «y 1 1 i ^ tions to All-

rying out the provisions of this act from the date this act takes gust si, i9ii.
effect until August 31, 1011. to wit: For salaries and depart-
mental expenses, $4,210; for reimbursing towns and cities for
the state's share of expense incurred by them in fighting and pre-
venting forest and brush fires, and to defray the expense incurred
by the state in fighting and preventing forest and brush fires in
unincorporated places, $3,21.5; for the establishment and main-
tenance of a state nursery, $500 ; for forest fire prevention includ-
ing the establishment and maintenance of mountain lookout sta-
tions, $5,600.

Sect. 4. The following sums are hereby appropriated f or Appropria-
carrying out the provisions of this act for the year ending Au- ending August
gust 31, 1912, to wit: For salaries and departmental expenses, ^^' ^^"^^^
$7,700 ; for reimbursing towns and cities for the state's share of
the expense incurred by them in fighting and preventing forest
and brush fires, and to defray the expense incurred by the state
in fighting and preventing forest and brush fires in unincorporated
places, $4,500 ; for the maintenance of a state nursery, $800 ; for
forest fire prevention, $5,500.

Sect. 5. The following sums are hereby appropriated for Appropria-
carrying out the provisions of this act for the year ending August ending August
31, 1913, to wit: For salaries and departmental expenses, ^^' ■^^^^^
$8,200 ; for reimbursing towns and cities for the state's share of
expense incurred by them in fighting and preventing brush fires,
and to defray the expense incurred by the state in fighting and
preventing forest and brush fires in unincorporated places, $4,500 ;
for maintaining a state nursery, $300 ; for forest fire prevention.
$5,500.

220

Chapter 16i

[1911

Repealing
clause; act
takes effect
on passage.

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

[Approved April 15, 1911.]

CHAPTER 167.

AX ACT TO ESTABLISH A BOARD OF REGISTRATION IX OPTOMETRY
AXD TO REGULATE THE PRxVCTICE THEREOF.

Section

1. Appointment, qualifications, and ten-

Compensation and expenses of board.

ure of office.

Certifleates to be recorded and dis-

2. Officers of board.

played.

3. Optometry defined.

10.

Revocation of certificates.

4. Registration of those now engaged

11.

Practice by unregistered person.

in practice.

penalty.

5. Examination of other persons.

12.

Application of act limited.

6. Certificates, form of.

13.

Repealing clause; act takes effect on

7. Fees for certificates; annual report.

passage.

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

Appointment,
qualifica-
tions, and
tenure of
oflace.

Officers of
board.

Optometry
defined.

Sectiox 1. The governor, with the advice and consent of the
council, shall appoint three skilled optometrists, one physician and
one oculist of good repute residing and doing business in the State
of New Hampshire, who shall constitute a board of registration
in optometry ; but no person shall be eligible to serve on said
board unless he shall have been engaged in the practice of his pro-
fession for a period of not less than six years previous to his
appointment. The term for which the members of said board
shall hold their office shall be five years, except that one of the
members of the board first to be appointed shall hold his office
for the term of one year, one for the term of two years, one for
the term of three years, one for the term of four years and one
for the term of five years, respectively, and until their successor
shall be duly ap]iointed and qualified. Any vacancy occurring
in said board shall be filled by the governor in conformity with
this section ; and any member of the board may be removed from
office for cause by the governor with the advice and consent of the
council.

Sect. 2. The board shall choose from its number a president
and secretary and it shall meet at least once in each year. Three
of said board shall constitute a quorum.

Sect. 3. Oi)tometry is hereby defined to be the employment
of all means, other than the use of drugs or surgery, for the meas-
urement of the powers of vision and the adaptation of lenses for
the aid thereof.

1911] Chai'teei 167. 221

Sect. 4. Within six months from the time this act takes R^^s^^^tjauon
effect it shall be the duty of every person who was at the time of engaged in
the passage of this act engaged in the practice of optometry in
this state to cause his name, residence and place of business to
be registered with said board, who shall keep a book for that pur-
pose. The statements of everv such person shall be verified under
oath in such manner as may be prescribed by the board. Every
person who shall so register with said board as a practitioner of
optometry and shall prove to said board that he was so engaged
shall receive a certificate to that effect and may continue to prac-
tice without incurring any of the liabilities or penalties provided
in this act for the practicing of optometry without a certificate
from said board.

Sect. 5. All persons not provided for in section 4 may appear Examina-
before said board at any of its regular meetings and be examined ptTsons.
with reference to their knowledge and skill in optometry, and the
board shall issue to such persons as it, upon examination, shall
find to possess the requisite qualifications a certificate to that ef-
fect.

Sect. 6. Every certificate issued by said board shall be num- certificates,
bered and recorded in a book kept in the office of said board, and ^°^^ ° *
its number shall be noted upon the certificate. A photograph of
the person registered shall be filed with the record and a duplicate
thereof affixed to the certificate. In all legal proceedings the rec-
ord and photograph so kept in the office of said board, or certified
copies thereof, shall be prima facie evidence of the facts therein
stated.

Sect. 7. The said board shall charge each person receiving Fees for cer-
a certificate of exemption the sum of ten dollars, and each person nuai report,
appearing before them for examination for a certificate of quali-
fication a fee of twenty dollars, which, in case such certificate
shall not be granted shall be returned. Any person failing to
pass a satisfactory examination shall be entitled to be re-examined
at any future meeting of the board. The board shall make an
annual report of its proceedings to the governor by the thirty-first
day of December in each year. All fees received by the board
shall be paid annually by the secretary of the board into the
treasury of the state.

Sect. S. The compensation and all necessary expenses of the compensation
board shall be paid from the treasury of the state. The compen- T^^lvr^^^
sation of the board shall be five dollars each for every day actually
spent in the discharge of their duties and, in addition, their nec-
essary expenses in attending the meetings of the board. Such
compensation and expenses shall be approved by the board and
sent to the state treasurer, who shall certify to the governor and
council the amounts due ; provided that the amounts so paid shall
not exceed the amount received by the treasurer from the board
in fees as herein specified, and so much of said receipts as may

222 Chapter 167. [1911

be necessary is hereby appropriated for the compensation and ex-
penses aforesaid.
Certificates to Sect. 9. Everv person to whom a certificate shall be granted
an/dispiayed. by said board shall cause the same to be recorded in the office of
the secretary of state, the fee for such record to be fifty cents;
every person practicing optometry must also display his certificate
of registration in a conspicuous place in the principal office or
place of business wherein he practices optometry and, whenever
required, exhibit such certificate to said board or its authorized
representatives. And whenever practicing said profession of op-
tometry outside of, or away from, said principal office or place
of business, he shall deliver to each customer or person so fitted
with glasses a bill of purchase, wdiich shall contain his signature,
home postoffice address and the number of his certificate of regis-
tration, together with a specification of the lenses furnished and
the price charged therefor,
cwtmcates/^ Sect. 10. Said board shall have power to revoke any certif-
icate granted by it under this act the holder of which is guilty
of any fraud or deceit in obtaining his certificate or in the prac-
tice of optometry, has been convicted of crime, is an habitual
drunkard, or grossly incompetent to practice optometry. Pro-
ceedings for revocation of a certificate shall be begun by serving
written charges upon the accused, which may be made by said
board on its own motion or by any other person. Said board shall
fix a time and place for the hearing of such charges, and a copy
of the charges, together with a notice of the time and place when
they will be heard and determined, shall be served upon the
accused at least fourteen days before the date actually fixed for
said hearing. Where personal service cannot be effected and such
fact is certified on oath by any person duly authorized to make
legal service, the board shall cause to be published at least thirty
days prior to the hearing, in two newspapers published in the
county in Avhich the accused was last known to practice, a notice
to the effect that at a definite time and place a hearing will be
had by said board for the purpose of hearing charges against the
accused upon an application to revoke his certificate. In case
there are not two newspapers published in said county, then pub-
lication may be made in the newspapers nearest to the place of
residence of the accused. Said board shall have the power to
compel the attendance of witnesses and at said hearing the ac-
cused shall have the right to cross-examine the witnesses against
him, to produce witnesses in his defense and to appear personally
or by counsel. In case said board after such hearing shall revoke
the certificate, they shall transmit to the secretary of state a cer-
tificate under the seal of said board certifying that such certif-
icate has been revoked, and the secretary of state shall upon re-
ceipt of said certificate file the same and forthwith mark said
certificate revoked. Any person who shall practice optometry

1911] Chapter 167. 223

after his certificate lias been revoked shall be deemed to have
practiced optometry without a certificate. Wherever the certif-
icate of any person has been revoked said board may, after the
expiration of one year, entertain an apj^lication for a new certif-
icate, and upon such application they may, in their discretion,
issue a new certificate.

Sect. 11. It shall be unlawful for any person not a bolder Pracuce^bi"^
of such a certificate duly issued to him and recorded as herein person, pen-
provided, after six months from the time this act takes effect,
to practice optometry within this state. It shall be unlawful for
any person to falsely personate a registered optometrist of a like
or different name, or buy, sell or fraudulently obtain a certificate
issued to another. It shall be unlawful for any one holding such
a certificate under this act to administer drugs in any form, to
practice or claim to practice medicine or surgery in any sense, ot
to use any title or appellation intended or calculated to indicate
the practice of medicine or surgery. Practicing or offering to
practice optometry, or the public representation of being qualified
to practice the same by any person not authorized to practice op-
tometry shall be prima facie evidence of a violation of this act.
Any person who shall violate any of the provisions of this act
shall be deemed guilty of a misdemeanor, and upon conviction
shall be fined not less than fifty nor more than two hundred dol-
lars for each and every offense.

Sect. 12. Nothing in this act shall be construed to apply to ^pp'J^^jJJ^° ^^^
physicians or surgeons authorized to practice medicine or surgery
under the laws of this state, nor to persons who neither practice
nor profess to practice optometry but who sell spectacles, eye-
glasses or lenses either on prescription from such physicians or
surgeons or from duly qualified optometrists, or as merchandise
from permanently located and established places of business. The
privilege to practice optometry without examination or payment
of fees may be granted to registered optometrists from other states
whenever said board of examiners shall give a certificate therefor,
said certificate to be recorded as herein provided with reference to
residents of this state, and said optometrists from other states shall
otherwise be subject to all the provisions of this act.

Sect. 13. All acts and parts of acts inconsistent with this ^^^p!.^^.*"^,
act are hereby repealed, and this act shall take effect upon its takes effect

" ^ ' on passage.

passage.

[Approved April 15. 1011.]

224

Chapter 168.

[lyll

CHAPTER 168.

AN ACT AUTHORIZING THE INSURANCE COMMISSIONER TO LICENSE
PERSONS TO PROCURE FIRE INSURANCE IN UNLICENSED COMPA-
NIES IN CERTAIN CASES.

Section

1. Authority granted.

2. Monthly statements by licensees.

3. Separate accounts to be kept.

Section

4. Annual statements of business.

5. Investigations by commissioner.

6. Repealing clause.

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

Authority
granted.

Monthly
statements by
licensees.

Separate ac-
counts to be
kept.

Section 1. That the insurance commissioner, upon the an-
nual pa^Tiient of a fee of two dollars for the use of the state, may
issue licenses to residents of the state, subiect to revocation at any
time, permittinc: the person named therein to procure policies of
fire insurance on property in this state in foreisjn insurance com-
panies not authorized to transact business in this state, but which
are duly authorized to do business in some state having an insur-
ance commissioner. All such licenses shall expire annually on
the thirty-first day of March.

Sect. 2. Every such licensee shall on or before the tenth day
of each month execute and file with the insurance commissioner
a statement under oath covering all insurance policies procured
by him under his said license during the calendar month next
preceding giving the name of the company issuing each of said
policies, the name and residence of the insured and the amount,
term and premium of each policy and the kind of propertv in-
sured thereby, and that he was unable to procure in companies
admitted to do business in the state the amount of insurance nec-
essary to protect said pro]iertv. Provided, that such licensed
person shall not offer any portion of such insurance to any com-
pany which is not possessed of cash assets amounting to at least
one hundred thousand dollars, which shall be determined by the
insurance commissioner, or one which has within the preceding
twelve months been in an impaired condition. And no person,
unless he shall be so licensed, shall act or aid in any manner in
placing fire insurance on property other than his own in this state
in anv company which is not duly authorized to transact business
in this state.

Sect. 3. Each person so licensed shall keep a separate account
of the business done under the license, a certified copy of which
account he shall forthwith file with the insurance commissioner;
showing the exact amount of such insurance placed for any per-
son, firm or corporation, the gross premium charged thereon, the
companies in which the same is placed, the date of the policies and

1911]

Chapter 169.

225

the term thereof, and be shall also file a report in the same detail
of all such policies cancelled and the gross return premium
thereon.

Sect. 4. He shall file with the insurance commissioner, in Annual state-
January of each year, a sworn statement of the gross premiums business.
charged for insurance procured or placed, and the gross return
premiums on such insurance cancelled under such license during
the year ending on the thirty-first day of December next preced-
ing, and at the time of filing such statement shall pay to the state
treasurer a sum equal to two per cent of such gross premiums
less such return premiums reported.

SrxT. 5. The insurance commissioner shall have authority at investiga-
all times to investigate any alleged violations of this act and m°ission^r!^°™
should he find any to exist he shall report the same to the attor-
ney general, who shall take proceedings to collect all fees and taxes
which may be due from said licensee; and any person violating
or failing to comply with any of the provisions of this act shall
be liable to pay a fine of not exceeding one hundred dollars for
each violation thereof, and shall forfeit his license to do business
under this act for a period of one year.

Sect. 6. Section 15 of chapter 169 of the Public Statutes and ^,tPf„^''"^
all other acts and parts of acts inconsistent with this act are here-
by repealed.

[Approved April 15, 1911.]

clause.

CHAPTER 169.

AN ACT TO CREATE A PERMANENT TAX COMMISSION AND TO PRO-
VIDE FOR THE TAXATION OF CERTAIN PUBLIC SERVICE CORPO-
RATIONS AND COMPANIES,

SectioM

1. Commission created.

How appointed and removed.

When appointed; tenure of oflBce.

Vacancies, how filled.

Chalrmau and secretary.

Offices to be In state house.

Salaries of members; clerical ex-
penses, etc.

Duties and powers of commission.

Reference of petitions for abate-
ment.

Compulsory attendance of witnesses,
etc.

Railroads, etc., how taxed.

Savings bank deposits, etc., ex-
cepted.

Hearings to determine value of cor-
porate property.

Elements to be considered in deter-
mining value.

10.

11.
12.

13.

14.

Section
15. When only part of corporate prop-
erty located in this state.
Ifi. Annual statements by corporations.

17. Neglect to furnish statement, doom-

age for.

18. Decisions and rehearlngs.

19. Right of appeal.

20. Payment of tax not delayed by ap-

peal.

21. Certain facts to appear in report.

22. Taxes assessed by commission, when

payable.

23. Extent for unpaid taxes and inter-

est.

24. Real estate of railroads, etc., how

taxed.

25. "Company," meaning of.

26. Repealing clause.

27. Takes effect, when.

226

Chaptek 169.

[1911

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

Commission
created.

Hew appoint-
ed and re-
moved.

When ap-
pointed; ten-
ure of ofBce.

Vacancies,
how filled.

Chairman and
secretary.

Offices in
state house.

Section 1. There is hereby created a commission, to be des-
ignated and knowTi as the state tax commission, consisting of
three persons known to possess knowledge of the subject of taxa-
tion.

Sect. 2. The members of said commission shall be appointed
by the supreme court and commissioned by the governor ; and any
member may be removed by the same authority for inefficiency,
neglect of duty or malfeasance in office, but, before removal, the
member shall be furnished with a copy of the charges against him,
and have an opportunity to be heard in defense.

Sect. 3. The three persons to compose said commission shall
be appointed within fifteen days after the passage of this act, one
of whom shall be of the leading minority party. Of such three per-
sons one shall be appointed and designated to serve for a term end-
ing on the thirty-first day of March, 1913 ; one for a term ending
on the thirty-first day of March, 1915, and one for a term end-
ing on the thirty-first day of March, 1917, each of said terms
to begin upon the qualification of the person appointed therefor.
Upon the expiration of the terms of the three commissioners first
appointed as aforesaid, each succeeding commissioner shall be
appointed and hold his office for the term of six years from the
expiration of the term of his predecessor, except in the case of a
vacancy as hereinafter provided, and each commissioner shall hold
his office until his successor shall have been appointed and qual-
ified.

Sect. 4. Removal from the state shall create a vacancy.
Whenever a vacancy occurs, an appointment shall be made for the
unexpired part of the term.

Sect. 5. The supreme court shall designate one member of
the commission to act as chairman, and another member to act
as secretary; the members so desigiiated shall serve in such ca-
pacities until the expiration of their terms of office, or until vacan-
cies occur, and thereafter such designation shall be made upon
the expiration of the term of office of any member and the ap-
pointmcait of a successor. The secretary shall be in attendance
at the office of the commission in the state house during regular
office hours daily, except when elsewhere engaged in the perform-
ance of the duties of his office, holidays and reasonable vacations
excepted. A majority of said commissioners shall constitute a
quorum for the transaction of the business and the performance
of the duties of the commission.

Sect. 6. The commission shall be provided with an office in
the state house, in which its records, documents and books shall
be kept.

1911] Chapter 169. 227

Sect. 7. The annual salary of the secretary of the conimis- salaries of
sion shall be three thousand dollars, and of each of the other mem- ^Incar^x-
bers of the eonimission, twenty-five hundred dollars, and such shall P^^ses, etc.
be paid from the state treasury in equal quarterly payments.
Supplies required by the commission, and necessary expenses of
the commission, and such assistants as may be employed, while
on the business of the commission, and fees of witnesses sum-
moned by the commission shall be paid l>y the state upon the
api)roval of the governor and council. Said commission may ap-
point a stenographer at a salary not exceeding nine hundred dol-
lars per annum, which shall be paid from the state treasury in
equal quarterly payments, and, with the approval of the governor
and council, such other assistants as may be necessary.

Sect. 8. It shall be the duty of the commission, and it shall Duues and
have power and authority (1) To prescribe the form of inven- commission,
tories upon which individuals and corporations shall list taxable
property for return to selectmen and assessors, and the form of
invoice books for use by selectmen in taking the invoice required
by law, and prepare and furnish at the expense of the state to
selectmen and assessors a sutficient number of such inventory
blanks and invoice books. (2) To procure and furnish to the
selectmen of the several towns and assessors of cities, on or before
the first day of April of each year, suitable blanks upon which
to make certificates of the number of polls and the valuation of
the ratable estates of their respective towns and cities. Said
certificates when completed shall be returned to said commission.
(8) To determine from such certificates the average rate of tax-
ation throughout the state. (4) To assess the taxes upon rail-
road, railway, telegraph telephone, express, dining, sleeping and
parlor car companies and corporations or other corporations or
companies not a railroad corporation or company owning any
cars operated for profit on any railroad in this state as by law pro-
vided. (5) In the year of 1912. and every second year there-
after, to equalize the valuation of the property in the several
towns and cities in the state by adding to or deducting from the
aggregate valuations of the i)roperty in towns and cities such sums
as will bring said valuations to the true and market value of said
property, so that any public taxes that may be apportioned among
them shall be equal and just as between them. (6) To have and
exercise general supervision over the administration of the assess-
ment and taxation laws of the state and over all assessing officers
in the performance of their duties, to the end that all assessments
of property be made in compliance with the laws of the state.
(7) To confer with, advise and give the necessary instructions
and directions to local assessing officers throughout the state as to
their duties, and to that end call meetings of such assessing offi-
cers, to be held at convenient places, for the purpose of receiving
instructions from the commission as to the laws governing the

228 Chaptek 169. [1911

assessment and taxation of all classes of property. (8) To direci
proceedings, actions and prosecutions to be instituted to enforce
the laws relating to the liability and punishment of individuals,
public officers and officers and agents of corporations for failure
or neglect to comply with the provisions of the law of this state
governing returns for the assessment and taxation of property.

(9) To require county, city, town and other public officers to
report information as to the assessment of property, collection of
taxes, and such other information as may be needful in the work
of the commission, in such form and upon such blanks as the com-
mission may prescribe; and it is hereby made the duty of such
officers to furnish said commission with the information required.

(10) To summon witnesses to appear and give testimony, and to
produce books, records, papers and documents relating to any tax
matter which the commission may have authority to investigate
or determine. (11) To cause depositions of witnesses residing
within or Avithout this state, or absent therefrom, to be taken in
like manner that depositions of witnesses are taken in civil action
in the superior court, in any matter which the commission may
have authority to investigate or determine. (12) To receive
complaints and to carefully examine into all cases where it is al-
leged that property subject to taxation has not been assessed, or
has been fraudulently or for any reason improperly or unequally
assessed, or the law in any manner evaded or violated, and to
order re-assessments of any or all real and personal property,
or either, in any assessment district, when in the judgment oi
said commission such re-assessment is advisable or necessary, to
the end that all classes of property in such assessment district
shall be assessed in compliance wuth the law. Xeglect or failure
to comply with such orders on the part of any selectman or as-
sessor shall be deemed wilful neglect of duty, and he shall be
subject to the penalties provided by law in such cases. Any per-
son aggrieved because of such re-assessment shall have the same
right of petition and appeal as from the original assessment. (13)
To formulate and recommend such legislation as may be deemed
expedient to prevent the evasion of assessment and tax laws, and
to secure just and equal taxation and improvement in the system
of taxation in the state. (14) To file with the secretary of state
on or before the fifteenth day of December in each year their
report, showing all the taxable property in the state and the as-
sessed value of the same, in tabulated form, and such other sta-
tistics and information as may be deemed of interest. (15) To
exercise and perform such further powers and duties as may be
required or imposed upon the commission by law.

Reference of Sect. 9. All petitions to the superior court for abatement of

petitions for iiii i • • , ^•

abatement. taxes asscsscd Dv Selectmen and assessors may, m its discretion,
be referred to the state tax commission, who shall hear the parties
and report their findings of fact to the superior court. When a

1911] Chapter 169. 229

report of the tax commission upon sneli reference is returned into
court any party whose interest is affected thereby may appear
and be heard in relation to it ; and the report may be accepted,
rejected, or re-committed for a new hearing. Upon final accept-
ance of the report such order for judgment shall be made as
justice may require. All rulings of law by the superior court
shall be subject to exception, as in other cases.

Sect. 10. Justices of the peace and all other magistrates compulsory
empowered to issue subpoenas and compel the attendance of wit- of w?tnVsses,
nesses in the courts of this state shall have the same power to ^^'^'
compel their attendance and the production of evidence in any
proceeding before the tax commission. Witnesses summoned to
appear before the tax commission shall receive the same fees for
travel and attendance as if summoned to appear before and in
attendance upon the superior court. Witnesses who refuse or
neglect to appear, or who refuse to testify may be compelled to
do so, and for that purpose the commission may apply to any
justice of the superior court, upon proof by affidavit of the facts,
for an order returnable in not more than five days, directing any
person so refusing to show cause before the justice making the
order or any other justice of the superior court why he should not
be committed as for contempt ; upon the return of such order, the
justice before whom the matter shall come for hearing shall ex-
amine under oath such person whose testimony may be relevant
and such person shall be given an opportunity to be heard ; and
if the justice shall determine that such person has refused without
legal excuse to be examined or to answer a legal and pertinent
question or to produce a book or paper which he was ordered to
bring, he may forthwith commit the offender as for contempt,
so to remain until he submits to do the act which he was so re-
quired to do or is discharged according to law. In any investi-
gation or hearing the tax commission shall not be bound by the
technical rules of evidence, excepting, however, references made
to the tax commission by the superior court.

Sect. 11. Every railroad, railway, express, telephone and Railroads,
telegraph corporation or company, and every parlor, sleeping or taxed. °^
dining car corporation or company, or other corporation or com-
pany not a railroad company owning any cars operated for profit
on any railroad in this state, shall pay to the state an annual tax.
as of the first day of April of each year, upon the actual value of
its property and estate used in its ordinary business which would
not be exempt from taxation if owned by a natural person or
ordinary business corporation, at a rate as nearly equal as may
be to the average rate of taxation at that time upon other prop-
erty throughout the state.

Sect. 12. The tax commission, in determining said average savings-bank
rate of taxation, shall except and not cor^ider all property spe- excepte^d.
cially taxed, savings-bank deposits and poF-s.

230

Chapter 169.

[1911

Elements to
be considered
in determin-
ing value.

Hearings to Sect. 13. The tax coiiimission in determining the actual

determine i c i ^ c ■ i •

value of cor- value 01 the property and estate of said corporations or companies.

erty. shall hold public hearings at times and places, notices of which

shall be given in advance. Representatives of the state and of
such corporations and companies and other persons shall be en-
titled to appear, be heard and offer evidence. The tax commis-
sion shall receive and consider all evidence tending to show the
actual value of the property and estate of said corporations and
companies used in their ordinary business in this state and not
exempt from taxation, and upon all the evidence determine the
actual value of the same.

Sect. 14. In determining the actual value of the property
and estate in this state of any such corporation or company, the
tax commission shall make careful inquiry into the condition of
all of the property and estate, whether within or without the
state, in order that the actual value of all that portion of the
property and estate of such corporation or company as is within
this state, used in their ordinary business in this state and not
exempt from taxation, may be accurately fixed and determined.
It shall ascertain and consider as evidence the fair average market
value of the stocks and bonds for one year prior to the first day
of April preceding the assessment and the fair market value of
any other funded or floating debt of any such corporation or
company representing permanent improvements or extensions. In
any case where the market value of the stocks and bonds of any
such corporation or company cannot be ascertained for want of
actual market sales, or for any other reason, the net receipts of
any such corporation or company, which shall be the difference
between the gross earnings, whether by lease or by operation,
and the operating expenses and taxes of the preceding year, cap-
italized at such per cent, as appears to be equitable under all the
circumstances, shall be considered as evidence of the value of the
property and estate of such corporation or company.

Sect. 15. When only a portion of the property and estate
rate' propert'y of any such Corporation or company is located within the state,
the tax commission, in determining the actual value thereof, shall
consider its proportionate value to all the property and estate of
such corporation or company. In making a proportionate valua-
tion, the commission shall take into consideration among other
things: — (a) In the case of railroads, and railways, the propor-
tion of the total trackage of each railroad within this state to the
total trackage, wherever situate, (b) In the case of telegraph
and telephone corporations or companies, the proportion of the
total length of the lines of each such company within the state
to the total length of its lines, wherever situate, (c) In the case
of parlor, sleeping and dining-car corporations or companies, or
other corporations or companies not railroad companies owning
any cars operated for profit on any railroad in this state, the

When only
part of corpo

located in
this state

1911] Chapter 169. 231

proportion of the total number of car-miles or the number of
miles traversed by its cars, taken singly, within the state, during
the preceding year, to the total number of such car-miles during
the same period, both within and without the state, (d) In the
case of express corporations or companies, the proportion of the
whole length of the lines of rail and water routes over which
the company did business within the state during the preceding
year to the whole length of such lines over which it did business
both within and without the state during such year.

Sect. 16. Every such corporation or company shall, on or Annual state-
before the first day of July annually, deliver to the tax commis- ^rltions. '^°'^'
sion a statement under oath, showing number and par value of
the shares of each class of its stock, and the market value of each ^
share as of the first day of April, the dividends paid per share /
on each class of stock during the preceding year and the dates of
such payments, the date of issue, the number and denomination
of each issue of its bonds, the interest paid during the preceding
year, and the market value of each of said bonds, the amount of
its floating indebtedness, with the interest paid on the same, and
the average market value of said floating indebtedness during said
preceding year, the gross receipts from whatever source derived
for said preceding year, the amount expended from said receipts
for operating expenses, not including any sum expended for phys-
ical betterment or transferred to surplus or sinking funds during
said preceding year, the amount expended for physical better-
ments or transferred to surplus or sinking funds during the pre-
ceding year, and whence derived, and the amount of money actu-
ally on hand in cash on said first day of April. Every railroad
or railway corporation or company shall, in addition, state its
total trackage whether within or without the state and its total
trackage within this state ; every express corporation or company,
the whole length of the lines of rail or water routes over which
the company did business during the preceding year, whether
within or without the state, and the whole length of such lines
within this state ; every telegraph or telephone corporation or
company, the total length of its lines, whether within or without
the state, and the total length of its lines within this state ; and
every parlor, sleeping or dining-car corporation or company or
other corporation or company not a railroad company owning any
cars operated for profit on any railroad in this state, the total
number of car-miles, of the number of miles traversed by its cars,
taken singly, whether within or without the state during the pre-
ceding year, and the total number of such car-miles during the
same period within the state. Such corporations or companies
shall also furnish to the commission such further information and
evidence as may be required by it.

Sect. 17. If any such corporation or company shall neglect Neglect to
seasonably to furnish the aforesaid required evidence or to lay ment^^oom-'
the required evidence before the commission, such corporation or^^^ ^^^-

232

Chapter 169.

[1911

Decisions and
rehearings.

Right of ap-
peal.

Payment of
tax not de-
layed by ap-
peal.

Certain facts
to appear In
report.

company may be doomed to pay a tax on double the value of its
property and estate subject to taxation.

Sect. 18. The tax commission prior to the last day of Sep-
tember in each year shall file with the state treasurer certificates
of their decisions. The state, or any such corporation or com-
pany, may at any time within thirty days from the filing of the
decision, move for a re-hearing. The tax commission may, for
cause shown, allow the motion and shall have authority to give
further hearing and increase or abate the tax as justice may re-
quire, i^otice shall be given the state treasurer of the order or
decision made upon such a motion.

Sect. 19. The state, or any corporation or company against
whom a tax is assessed, if aggrieved by the decision of the tax
commission may apply to the superior court for relief at any time
within ninety days after the filing of the decision. Whenever a
motion for a re-hearing is filed the time within which an appeal
may be taken shall not begin to run until final decision upon the
motion for re-hearing shall have been made by the tax commission.
The superior court upon appeal shall give to the parties such
notice and hearing and shall make such orders or decisions con-
cerning all matters involved in or collateral to the proceedings as
justice may require. The attorney-general shall attend the hear-
ings given by the tax commission in pursuance of section 13 of
this act and shall prosecute an appeal in behalf of the state wher-
ever such an appeal may be necessary to protect the interests of
the state.

Sect. 20. The pendency of proceedings under sections 18 and
19 of this act shall not be a cause of delay in the payment of any
tax. If upon such proceedings a decision for the reduction of any
tax shall be rendered, the state treasurer shall credit and allow
such reduction upon any tax assessed against the party entitled
to the same, and payable after the rendition of such decision. If
upon such proceedings it shall appear that the tax against any
such corporation or company was too small, the difference shall
be paid by the corporation or company concerned as of the date
of the decision.

Sect. 21. The tax commission shall incorporate in its report
all facts as to the total market value of the stocks and bonds and
other funded or floating debt of such corporation or company and
the capitalized value ascertained as herein provided, all facts rel-
ative to the total trackage of such railroad or railway corporation
or company, the total length of lines of each telegraph or tele-
phone corporation or company, the total number of car-miles of
each parlor, sleeping or dining-car corporation or company, and
the total length of lines of rail or Avater routes of each express
corporation or company, together with such other information as
it may deem proper.

1911] Chapter 169. 233

Sect. 22. Upon receipt of said certificates of decisions, the 'I^y^^i^'^'^^^
state treasurer shall notify the parties against whom taxes have
been assessed and such taxes shall be paid on or before the fifteenth
of October of the same year.

Sect. 23. If any such tax is not paid when due, interest at Extent for

UQD3.1Q Ld.X6S

the rate of ten per cent, per annum shall be added thereto from and interest.
that date until the time of pa^nnent ; and the state treasurer shall
issue his extent for the sum unpaid and interest against the com-
pany or corporation in default; and all the property owned by
such company or corporation on the first day of April preceding
shall be liable for the payment thereof.

Sect. 24. The real estate of any railroad, railway, express, Real estate of
telephone and telegraph corporation or company, and parlor, sleep- etc.y°how
ing or dining-car corporation or company, or other corporations t^^^*^-
or companies not railroad companies owning any cars operated
for profit on any railroad in this state, not used in its ordinary
business shall be appraised and taxed by the authorities of the
towns and cities in which it is situated, as provided by existing
laws.

Sect. 25. The word "company" as used in section 11 of this "Company,"
act shall apply to all persons, copartnerships or associations. The
term "express corporation or company'' shall be construed to
mean any corporation or company engaged in the business of
transporting property as express over the lines of railroads.

Sect. 26. Chapter 63 of the Public Statutes relating to the J{^p||'^°^
state board of equalization is hereby re])ealed. Sections 1, 3, 4,
5, 6, 7, 8, 9, 10, 11 and 12 chapter 64 of the Public Statutes,
sections 8 and 9 of chapter 15 of the Public Statutes, sections 3
and 4 of chapter 57 of the Public Statutes, chapter 91 of the
Laws of 1907 and chapter 81 of the Laws of 1907, are hereby
repealed; said repeal to take effect March 31, 1912, provided that
said repeal shall in no way affect any rights in or to any taxes
assessed under said laws, but as to any such taxes said laws shall
be in force and effect.

Sect. 27. This act shall take effect upon its passage, except Takes effect,
sections 11 to 25 inclusive which shall take effect March 31, 1912.

[Approved April 15. 1911.]

234

Chapters 170, 171.
CHAPTER 170.

[1911

AX ACT EELATING TO THE CARELESSNESS AND NEGLIGENCE OF

HUNTERS.

Section
1. Careless shooting of another, pen-
alty.

Section

2. Publication of act.

3. Takes effect on passage.

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

shootfng of Section 1. Whoever with intent to capture or kill any wild

another, pen- game or game bird, or for any other lawful purpose, negligently
or carelessly discharges any firearm and wounds or kills any hu-
man being shall be punished by a fine not exceeding one thousand
dollars or by imprisonment not exceeding two years.

Sect. 2. The fish and game commissioners shall insert this
act in all pamphlet editions of the fish and game laws issued by
them, and shall cause section 1 of this act to be printed on all
cloth posters containing a synopsis of the fish and game laws is-
sued by them.

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

Publication
of act.

Takes effect
en passage.

[Approved April 15, 1911.]

CHAPTER 171.

AN ACT IN AMENDMENT OF CHAPTER 116 OF THE LAWS OF 1895,
AS AMENDED BY CHAPTER 50 OF THE LAWS OF 1901, ENTITLED
"an act to provide for the EDUCATION AND MAINTENANCE
OF DEPENDENT AND MINOR CHILDREN."

Section
1. Salaries of secretary and clerk of
state board of charities.

Section
2. Takes effect August 31,

1911.

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

Salaries of
secretary and
clerk of state
board of char-
ities.

Section 1. Amend section 7 of chapter 116 of the Laws of
1895. as amended by chapter 50 of the Laws of 1901, by striking
out the last sentence of said section, and by inserting; in place
thereof the following : The salary of the secretary shall be eight-
een hundred dollars per annum, and the salary of the clerk shall
be ei^ht hundred dollars per annum, so that said section as
amended shall read as follows : Sect. 7. The reasonable ex-
penses of said state board of charities shall be paid by the gov-

1911]

Chapter 172.

236

ernor and council out of any funds in the treasury not otherwise
appropriated, and the said state board of charities shall be author-
ized to appoint a secretary from outside its membership, who,
under the direction of the board, shall give his entire time to
the duties of the board, act as visiting agent to the placed-out
children, and supervisor of volunteer visitors, and perform such
other duties, under the direction of the board, as may rightfully
belong to his office. The salary of the secretary shall be eighteen
hundred dollars per annum, and the salary of the clerk shall be
eight hundred dollars per annum.

Sect. 2. This act shall take effect on August 31, 1911. Takes effect

~ •" August 31,

1911.

[Approved April 15, 1911.]

CHAPTER 172.

AN ACT IN AMENDMENT OF DIVISION 9, SECTION 1, CHAPTER 83
OF THE PUBLIC STATUTES AS AMENDED BY CHAPTER 110 OF THE
LAWS OF 1903 ENTITLED "SETTLEMENT OF PAUPERS.''''

Section
1. Settlement of maiden women, etc.,
how gained.

Sectioj*
2. Repealing clause; act takes effect on
passage.

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

Section 1. Amend said section 1 by striking out all of di- ma"den'°' °*
vision IX of said section and inserting in place thereof the follow- women.
ing: Division ix of said section is hereby amended by inserting
after the word "term" in the fourth line of said division the
words and any maiden woman of the age of twenty-one years who
shall have resided in any town in this state seven years in succes-
sion, shall have paid all taxes legally assessed during that term,
so that said division as amended shall read as follows : ix. Any
person of the age of twenty-one years who shall have resided in
any town in this state, and being taxed for his poll for seven
years in succession, shall have paid all taxes legally assessed on
his poll during that term, and any maiden woman of the age of
twenty-one years who shall have resided in any town in this state
seven years in succession, shall have paid all taxes legally assessed
during that term, or four years on any real estate, shall thereby
gain a settlement in such town.

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

on passage.

[Approved April 15, 1911.]

236

Chapters 173, 174.

[1911

CHAPTEK 173.

AX ACT IX AMENDMENT OF SECTIOK" 6 OF CHAPTER 17-4 OF THE
PUBLIC STATUTES EELATIXG TO MAKEIAGE.

Sectioi*
1. Certificate of intention of marriage,
when issued.

Sectioi^
2. Repealing clause; act takes effect
June 1, 1911.

Certificate of
intention of
marriage,
■when issued.

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 6 of chapter 174 of the Public
Statutes by striking out the whole of said section and inserting
in ])laco thereof the following new section: Sect. 6. The clerk
shall not less than five days from the date on which the notice
referred to in section 5 of this chapter was entered in his office,
deliver to the parties a certificate, under his hand, embodying
the facts required in the preceding section, specifying the time
when notice of intention of marriage was entered with him, which
certificate shall be delivered to the minister or magistrate who is
to marry the parties, before he shall proceed to solemnize the
marriage. The clerk may issue such certificate at any time after
such intention has been entered in his office upon the request of
any court having jurisdiction of the parties by virtue of chapter
87 of the Public Statutes. The fee of the clerk for making the
record of notice and issuing his certificate shall be one dollar, to
be paid by the parties.

Sect. 2. All acts and parts of acts inconsistent with this act
are hereby repealed and this act shall take effect June 1, 1911.

[Approved April 15, 1911.]

CHAPTER 174.

AX ACT IX AMEXDMEXT OF CHAPTER 158 OF THE LAWS OF 1909,

extitled, "ax act for the support axd excoueagemext of

COMMOX schools,"'

Annual ap-
propriatims
of $115,000.

Section
1. Annual appropriations of $115,000.

Sectioi*
2. Takes effect on passage.

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

Sectiox' 1. Section 5 of chapter 158 of the Laws of 1909 i>
hereby amended by striking out the words, "The sum of $80,000
annuallv is" and substituting therefor the words the sums of
$115,000 for the fiscal year 1911-1912 and $115,000 for the fiscal

1911]

Chapter 175.

237

year 1912-1913 are so that the section as amended shall read as
follows: Sect. 5. The sums of $115,000 for the fiscal year
1911-1912 and $115,000 for the fiscal year 1912-1913 are hereby
appropriated to carry into effect the provisions of this act, and
any portion of such apjDropriation 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 valuation ])er pupil shall he omitted in order from the
distribution provided for in section 2 and 3.

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

■^ i ~ on passage.

[Approved April 15, 1911.]

CHAPTER 175.

AN ACT TO PROVIDE FOE THE ASSESSME>"T A^T> COLLECTION" OF
AX ANNUAL STATE TAX FOE THE TEEM OF TWO YEAES.

Sfction
1. Tax of $800,000 for 1912, and $600,000
for 1913.

Skction
2. Takes effect on passage.

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

Section 1. The sum of eight hundred thousand dollars shall Tax of $800,000
be raised for the use of the state for the year 1912, and the sum $600,000 'fcfr'^
of six hundred thousand dollars shall be raised for the use of the ■^^■^^•
state for the year 1913, 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 the
state, according to the apportionment of the public taxes made at
the January session of the legislature in 1911, 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 1912 and 1913; and the state treasurer is here-
by authorized to issue his extent for all' taxes which shall remain
unpaid on the dates last above mentioned.

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

^ ^ " on passage.

[Approved April 15. 1911.]

238

Chapteks 176, 177.
CHAPTEE 176.

[1911

AN ACT PKOVIDING FOE THE ATTENDANCE OF WITNESSES AT HEAE-
INGS BEFOEE THE GOVEENOE AND COUNCIL.

Section
1. Compulsory attendance provided for.

Section
2. Takes effect on passage.

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

Compulsory Section 1. The ffovemor may summon or cause to be sum-

attendance .. '^ -i r ^ 1 •^

provided for. mouecl Witnesses to appear before the governor and council to

testify at hearings before them, and may require such witnesses
to bring with them and produce at such hearings any books, pa-
pers or other memoranda or documents. If a witness so sum-
moned fails to appear or to give testimony in accordance with the
summons, any justice of the superior court, in term time or va-
cation, upon application of the governor, shall compel the witness
to attend before the governor and council and testify and produce
the evidence called for, as if he had been duly summoned to testify
before said court in an action there pending. The fees of wit-
nesses so summoned shall be the same as of witnesses before the
superior court and shall be paid by the state treasurer upon war-
rants drawn by the governor.
Takes effect Sect. 2. This act shall take effect upon its passage.

on passage.

[Approved April 15, 1911.]

CHAPTEE 177.

AN ACT EELATING TO THE PEOTECTION OF FUE-BEAKING ANIMALS.

Certain ani-
mals pro-
tected.

Owner may
protect crops,
etc.

Section

1. Certain animals protected.

2. Owner may protect property or crops.

Section
3. Repealing clause;
on passage.

act takes effect

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

Section 1. Whoever between April first and October fifteenth
destroys any mink, sable, martin, fisher, otter, muskrat, skunk or
fox, forfeits five dollars ($5) for each animal so destroyed, except
that any person may kill fox or skunk at any time said person
sees fit on his own land.

Sect. 2. Nothing in this act shall be construed to prevent
any person from the protection of his property or crops from the
depredation of any of the above animals.

1911]

Chapters 178, 179.

239

Sect. 3. All acts and parts of acts inconsistent with this act Repealing

C13.US6 ' 3.Ct

are hereby repealed, and this act shall take effect upon its passage, takes effect

on passage.

[Approved April 15, 1911.]

CHAPTER 178.

AN ACT TO EXEMPT FKOM TAXATION PROPEETY IN NEWBURY HELD
IN TRUST FOR THE PUBLIC GOOD BY THE SOCIETY FOR THE PRO-
TECTION OF NEW HAMPSHIRE FORESTS.

Section

1. Property exempted.

2. To be included in town valuation.

Section
3. Takes effect on passage.

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

Section 1. That land on Simapee mountain in the town of Property ex-
Newbury, which may be purchased by subscription and held in
trust for the public good by the Society for the Protection of New
Hampshire Forests, not exceeding a total area of eight hundred
acres or a total valuation of ten thousand dollars, shall be exempt
from taxation so long as the same shall be so held.

Sect. 2. Provided hoivever, that the assessors shall annually J,°^g^ /°"
appraise such property and the valuation determined upon for the town vaiua-
same shall be added to the valuation of all other property in the
town to determine the total valuation for the purpose of state and
county tax.

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

Takes effect
on passage.

[Approved April 15, 1911.]

CHAPTER 179.

AN ACT IN AMENDMENT OF SECTION 8, CHAPTER 31 OF THE PUBLIC
STATUTES^ ENTITLED "aN ACT RELATING TO THE RIGHTS AND
QUALIFICATIONS OF VOTERS."

Section | Section

1. Voter moving to another ward or 2. Takes effect on passage,

town may save right to vote. |

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

Section 1. Insert in section 8 of said chapter 31, after the voter moving

. .• r^/ • in • If 1 T i" • 1 J.* ^'^ another

word moving [meeting J m the lourtn line oi said section, ward or town
the following: Provided, however, that any legal voter moving "g^t ^tJ^ote.

240

Chapter 180.

[1911

Takes effect
on passage.

from one ward to another ward in the same city, or from one city
or town to another city or town, within six months next prior to
any election, shall not be deprived of his right of voting at such
election, in the ward, city or town from which he removed, if
prior to such removal he shall file a declaration in writing with
the clerk of the city or town from which he is to remove, that he
intends to vote at such election in the ward and city or town from
which he removed, so that said section, as amended, shall read as
follows : Sect. 8. Xo person shall be considered as dwelling or
having his home in any town, for the purpose of voting or being
voted for at any meeting unless he shall have resided within such
town six months next preceding the day of meeting ; provided,
however, that any legal voter moving from one ward to another
ward in the same city, or from one city or town to another city
or town, within six months next prior to any election, shall not
be deprived of the right of voting at such election, in the ward,
city or town from which he removed, if prior to such removal he
shall file a declaration in writing with the clerk of the city or
town from which he is to remove, that he intends to vote at such
election in the ward and city or town from which he removed.
Sect. 2. This act shall take effect upon its passage.

[Approved April 15, 1911.]

CHAPTER 180.

AN ACT IX AMENDMENT OF CHAPTER 86 OF THE SESSION LAWS OF
1899, ENTITLED "aN ACT RELATING TO REINSURANCE AND TTL^-:
TRANSACTION OF BUSINESS BY FIRE INSURANCE COMPANIES OR
ASSOCIATIONS OTHERWISE THAN THROUGH RESIDENT AGENTS.""

Section
1. Foreign insurance companies to in-
sure through resident agents; ex-
ceptions.

Section
2. Takes effect on passage.

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

Foreign in
surance com

Section 1. That chapter 86 of the session Laws of 1899 is
panies to in- hereby amended by striking out the whole of section 1 of said chap-
resfdent°^^ tcr and inserting in placc thereof the following : Section 1. Xo
Mons!^' ^^*^®^" insurance company or surety company not incorporated under the
laws of this state, authorized to transact business herein, shall
make, write, place, or cause to be made, written or placed, any
policy or contract of insurance or surety-ship effective in this
state except by an agent who is a resident of this state, regularly

1911] Chapter 181. 241

commissioned and licensed to transact business herein, and no
such company shall by its officers, agents or managers, not resident
of this state, write policies or contracts of insurance or surety-ship
effective within the state upon blanks previously countersigned
by an agent in this state. Life insurance companies, and mutual
fire insurance companies writing all policies at their home offices
are excepted.

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

on passage.

[Approved April 15, 1911.]

CHAPTER 181.

AN ACT TO EEPEAL SECTION 2 OF CHAPTER 97 OF THE SESSION
LAWS OF 1907 RELATING TO MEDICAL REFEREES.

Section
1. Number of referees for each county.

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 97 of the session Laws Number of

!es for
county.

of 1907 is hereby amended by striking out all of said section and Ifch^^^ ^°^

inserting in the place thereof the following : Sect. 2. The num-
ber of medical referees appointed as provided in the preceding
section shall be as follows : For the counties of Merrimack.
Cheshire, Sullivan, Belknap, Carroll and Strafford, one each; for
Rockingham, two ; for Coos, Grafton and Hillsborough, three
each, and each referee upon the passage of this act shall deputize
competent physicians to act in any and all cases whenever from
ill health or other cause such referee cannot attend, and such
deputy referees shall be sworn to the faithful performance of their
duties in accordance with the provisions of this chapter.

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

on passage.

[Approved April 15, 1911.]

242

Chapters 182, 183.

[1911

CHAPTER 182.

AN ACT IN" AMENDMENT OF CHAPTER 155, SESSION LAWS OF 1909
EELATING TO HIGHWAY BONDS.

Section
1. Not taxable if owned by residents;
interest not to exceed three and a
half per cent.

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

Not taxable if
owned by res-
idents; Inter-
est not to
exceed three
and a half per
cent.

Repealing
clause; act
takes effect
on passage.

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

Section 1. That the bonds provided for in chapter 155, ses-
sion Laws of 1909, shall bear interest not to exceed three and one-
half (3I/2) per cent per annum, and shall not be taxable when
held by residents of this state, and shall be payable in such sums
and at such times, not exceeding thirty years from their date, as
the governor and council shall determine.

Sect. 2. So much of chapter 155 session Laws of 1909 as is
inconsistent with this act is hereby repealed, and this act shall
take eifect upon its passage.

[Approved April 15, 1911.]

CHAPTER 183.

AN act for the completion AND PERPETUATION OF THE HALL

OF THE HEROES.

Section

1. Acts of committee approved and con-

firmed.

2. Permanent commission created.

Section

3. Compensation and expenses.

4. Appropriation of $2,000.

Acts of com-
mittee ap-
proved and
confirmed.

Permanent
commission
created.

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

Section 1. The acts of the joint special committee appointed
under chapter 205, session Laws of 1909, for the collection and
preservation of war portraits and mementos, the said acts being
of record by the committee, are hereby approved and confirmed ;
the hall of the heroes, as designated by the committee, shall be
set apart forever to the uses prescribed by the act.

Sect. 2. The further selection and final arrangement of all
war portraits and mementos contemplated in the act, also the
placing of all portraits of soldiers and sailors of the wars of our

1911]

Chaptek 184.

243

nation now in possession of the state, shall be vested in a per-
manent commission to be appointed by the governor and council,
consisting of a chairman at large, and one member from each of
the war organizations of the state, and one from those who served
in the navy; when vacancies occur, they shall be filled so far as
practicable, by other veterans of said organizations, and when
none are available, vacancies may be filled from the ranks of the
sons of veterans of the respective organizations, and when no
such son of a veteran is available, the membership from that or-
ganization shall lapse.

Sect. 3. This commission shall serve without pay, save that compensa-

1 1 • in- IT f Jy tion and ex-

the chairman shall receive necessary travelling expenses, and a penses.
per diem compensation for work actually performed, the same
to be fixed by the governor and council, and the members shall
be allowed necessary travelling expenses in attending meetings of
the commission called by the chairman.

Sect. 4. The sum of two thousand dollars is hereby appro- ^pp^'op'"'^-

1/-1 ci- 1 11 111- t'°^ °f $2,000.

priated lor the purposes oi this act, to be expended under the di-
rection of the governor and council, 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 15, 1911.]

CHAPTER 184.

AIS- ACT TO AMEND CHAPTER 268 OF THE LAWS OF 1895, AND TO
PROVIDE FOR THE LAYING OUT AND CONSTRUCTION OF A HIGH-
WAY TO CHRISTINE LAKE OR NORTH POND IN STARK.

Section

1. Commission provided for.

2. Laid out like highway to public

waters.

3. Right to fish and take ice.

4. Prior provision repealed.

Section

5. Landing for boats to be built.

6. Appropriation of $250.

7. State not liable for land damage.

8. Subject to repeal; takes effect on

passage.

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

Section 1. The governor, with advice of his council, shall commission
appoint a commission of three persons to lay out a highway i^g. p™^''^®''
ginning at a point in the public highway known as the "Hill
road," leading from Groveton in the town of Northumberland
past the house of Alvin F. Wentworth in Stark; said highway
to begin on said Hill road at a point near the house of said Went-

244 Chapter 184. [1911

worth and to extend from said point along the course of a winter
road, as now used, to the waters of Christine lake or North pond
in said town of Stark.

How laid out. Sect. 2. Said highway shall be laid out in accordance with
the provisions of chapter 70 of the Public Statutes of the State
of JSTew Hampshire.

fnf take?ce. ^^^^- ^- Scctiou 4 chapter 268 of the Laws of 1895 is hereby
repealed, and the following is hereby substituted therefor: Sect.
4. The right of fishing and taking ice in said lake is hereby
forever reserved to the public, subject to the reasonable restric-
tions hereinafter mentioned, which shall be applicable to all per-
sons whether members of the club or otherwise. For the purpose
of fish propagation in said lake, the corporation may take fish
therefrom during the winter months solely for breeding purposes,
but the spawn and young fry thus obtained shall all be used for
the purpose of re-stocking said lake.

Tion'r'ep'Sred. ^ECT. 4. Scction 6 of chapter 268 of the Laws of 1895 is
hereby repealed.

boats'°^ ^°^ Sect. 5. A suitable landing for the purpose of launching
boats and mooring the same to said landing, shall be constructed
on the waters of said Christine lake or Xorth pond, at the ter-
minus of said highway to be laid out as aforesaid, and all per-
sons desiring to fish in said lake may fasten their boats to said
landing.

Appropria- Sect. 6. The sum of two hundred and fifty dollars or so

much thereof as may be necessary, is hereby appropriated for the
expense of laying out and building said highway, and construct-
ing said landing.

state not lia- Sect. 7. There shall be no land damage against the state of
'Nev7 Hampshire.

peai'-^^takes'^^" Sect. 8. This act may be altered, amended or repealed when-

effect on pas- ever the public good may require, and this act shall take effect upon
its passage.

[Approved April 15, 1911.]

1911]

Chapters 185, 186.

245

CHAPTER 185.

AN ACT AUTHORIZING THE PURCHASE OF STATE FLAGS.

Section
1. Purchase authorized.

Section
2. Takes effect on passage.

Be it enacted hy the Sfi-nate and House of Representatives in
General Court convened:

Section 1. State flags may be purchased by the governor and Purchase au-
council for the council chamber, the senate chamber, and repre- °^^^^ '
sentatives' hall, and the governor is hereby authorized to draw his
warrant for the same out of any money in the treasury not other-
wise appropriated.

Sect. 2. This act shall take effect on its passage.
[Approved April 15, 1911.]

Takes effect
on passage.

CHAPTER 186.

AN ACT RELATING TO THE SALARY OF THE SUPERINTENDENT OF
PUBLIC INSTRUCTION.

Section
1. Annual salary of
clause.

,000; repealing

Section
2. Takes effect on passage.

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

Section 1. The annual salary of the superintendent of public Annual salary
instruction shall hereafter be three thousand dollars ($3,000) perpeaung"'
annum, payable as now provided by law ; and so much of section ^^^"s®-
10 of 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. Takes effect

on passage.

[Approved April 15, 1911.]

246

Chapter 187.

[1911

CHAPTEK 187.

AN ACT PEOVIDIXG FOK A CONVENTION OF DELEGATES FOE THE
PURPOSE OF REVISING THE CONSTITUTION.

Section

1. Delegates, when chosen.

2. Who eligible for election.

3. Delegates, how chosen and propor-

tioned.

4. Certificates of election.

5. Blank form of certificates.

Section

6. Convention to meet, when.

7. Arrangement of amendments.

8. Books, documents, etc.

9. Transportation of delegates.
10. Takes effect on passage.

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

Delegates,
when chosen.

Who eligible.

How chosen
and propor-
tioned.

Certificates of
election.

Blank certifi-
cates.

Convention to
meet, when.

Arrangement
of amend-
ments.

Section 1. That at the election in the several towais of this
state to be holden on the second Tuesday of March, A. D., 1912,
and at a special election in the several cities of this state to be
holden on said second Tuesday of March, A. D., 1912, delegates
to a convention to revise the constitution of this state shall be
chosen and an article therefor shall be inserted in the warrants
calling said meetings ; and all the laws relating to the election of
representatives to the general court, so far as the same may be
applicable, shall apply to the election of delegates except as herein
otherwise provided.

Sect. 2. Any person shall be eligible to a seat in said con-
vention who by the laws of this state is a qualified voter in the
town or district from which he may be elected.

Sect. 3. The delegates shall be chosen in the same manner
and proportioned as the rejwesentatives to the present general
court, provided, that each and every town shall be entitled to send
one delegate at least.

Sect. 4. Town clerks and clerks of supervisors of election
shall deliver to the person or persons elected a certificate of his
or their election.

Sect. 5. The secretary of state is directed to prepare and
seasonably transmit to the several town clerks suitable blank
forms for certificates of the election of delegates.

Sect. 6. The delegates so chosen shall meet in convention at
the capitol in Concord on the first Wednesday of June, A. D.,
1912, at 11 o'clock in the forenoon, and shall proceed to organize
themselves in convention by choosing by ballot one of their num-
ber as president, and such other officers as they may deem nec-
essary; they shall be the judges of election and returns of their
own members, and may establish rules of proceeding, and, when
organized, shall proceed to revise the constitution.

Sect. 7. If the alterations or amendments of the constitution
shall be agreed to by said convention, they shall be so arranged

1911] Chapter 188. 247

and prepared that the sauie can be voted on by the people sepa-
rately, unless the convention shall be of the opinion that it is
impracticable so to prepare and arrange them, in which case the
amendments shall be voted on together; and in either case the
convention shall prescribe the mode of publication of the amend-
ments, the time and manner in which the same shall be submitted
to the people for their approval, and may pass an ordinance in
relation to the manner of ascertaining their decision and declar-
ing and publishing the same, the time when such amendments
as shall be approved shall take effect, and may do any and all
other things which they deem necessary to carry out the purpose
and object of such convention.

Sect. 8. It shall be the duty of the secretary of state to fur- Books, docu-
nish said convention such books, documents, papers, stationery,
and printing as the convention shall require or order.

Sect. 9. The governor is hereby authorized and directed to Transporta-
contract prior to the session of the constitutional convention for gates,
the steam railroad transportation of the delegates, officers and ■
employees of the same. Said contract shall be made in the name
of the state and the cost thereof shall be paid from the treasury
upon the warrant of the governor. Such payment shall be in lieu
of all mileage of delegates and officers of the constitutional con-
vention, and for his attendance each member shall receive three
dollars per day during the said convention, except that the clerk
and assistant clerk shall receive the same pay as a member of the
convention and one hundred dollars each additional for making
up the journals, the same to be paid out of the treasury.

Sect. 10. This act shall take effect from and after its passage. Takes effect

on passage.

[Approved April 15, 1911.]

CHAPTEE 188.

AN ACT IN AMENDMENT OF SECTIONS 10 AND 17 OF CHAPTER 78
OF THE LAWS OF 1897, RELATING TO THE MANNER OF CONDUCT-
ING CAUCUSES AND ELECTIONS.

Section
1. Ballots, how prepared and what to
contain.

Section
2. Preparation of ballot by voter and
manner of voting.

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

Section 1. Amend the fourth paragraph of section 10 of Ballots, how
chapter 78 of the Laws of 1897 by strikins; out the sentence be- ^^haf7o
ginning with the word "above" in the eighth line of said para- *^'°"

and

2^^ Chapter 188. [1911

graph, so that said paragraph as amended shall read as follows:
In the last or right hand column of each ballot there shall be no
circle or device, but there shall be printed in the regular order
the political designation of each office, as For Governor, For
Senator, and the like, and beneath each designation there shall be
left as many blank lines as there are persons to be elected to such
office. Above each column or list of candidates shall be printed
in large plain letters the name of the political party by which the
candidates in such column were nominated. Amend the seventh
paragraph of section 10 of chapter 78 of the Laws of 1897, by
striking out the words ''above each circle" at the beginning of
said paragraph and inserting in place thereof the words at the
head of each column, so that said paragraph as amended shall
read as follows: At the head of each column shall be placed an
emblem or device designating or distinguishing the political party
assigned to that column.
Preparation of Sect. 2. Amend scctiou 17 of chapter 78 of the Laws of 1897

ballot by , ., . n <• • i • \ • • • i

voter and ov striking out all 01 said section and inserting m place thereof
vm?ng.'^ ° the following: Sect. 17. On receipt of his ballot, the voter
shall forthwith, and without leaving the inclosed space, retire
alone to one of the voting shelves or compartments, and shall
prepare his ballot by marking in the appropriate square a cross
(x) opposite and at the right of the name of the candidate of
his choice for each office to be filled, except in case of electors of
president and vice-president, one such mark being made opposite
the group of his choice in the square provided in the margin for
that purpose, or by filling in the name of the candidate of his
choice in the blank space provided therefor, and making a cross
(x) in the square opposite thereto; and, in case of a question
submitted to the vote of the people, by marking in the appropriate
square a cross (x) against the answer which he desires to give.
Before leaving the voting shelf or compartment, the voter shall
fold his ballot without displaying the marks thereon, in the same
w^ay it was folded when received by him, and he shall keep the
same so folded until he has voted. He shall immediately give
his name to the ward or town clerk, w^ho shall likewise repeat the
same and place a check mark against it on his check-list. The
voter shall forthwith present his ballot with the official endorse-
ment uppermost to the moderator, who shall then deposit the same
in the ballot box. He shall mark and deposit his ballot without
undue delay and shall quit said enclosed space as soon as he has
voted. ]^o voter shall be allowed to occupy a voting shelf or
compartment already occupied by another, nor to remain within
said enclosed space more than ten minutes, nor to occui)y a voting
shelf or compartment for more than five minutes, in case all of
such shelves or compartments are in use, and other voters are
waiting to occupy the same. No voter, not an election officer,
whose name has been checked on the list bv the ballot clerks, shall

1911]

Chapter 189.

249

be allowed to re-enter said enclosed space during said election
unless another balloting is had. It shall be the duty of the
moderator to secure the observance of the provisions of this sec-
tion and of other sections relative to the duties of election officers.

[Approved April 15. 1911.]

CHAPTER 1S9.

AN ACT TO PROVIDE ADDITIONAL ACC0:\m01)AT10NS AT THE NEW
IIA:MPSinRE STATE HOSPITAL.

Section

1. Appropriation of $187,500 for new

building.

2. Issue of bonds authorized.

3. Designation and form of bonds.

Section

4. Exemption from taxation.

5. Disbursement of funds.

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, to provide additional acconmiodations foi\^^^''°f I'fg^joo
the care, control and treatment of insane persons, as contemplated for new buiid-
by chapter 61 of the Laws of 1903, and amendments thereto, the
sum of one hundred eighty-seven thousand five hundred dollars
be, and hereby is, raised and appropriated for the purpose of the
erection of a building for men and women patients and securing
therefor the necessary furnishing, heating, including whatever
changes may be necessary in order to connect said building with
the present heat, light and power plant, lighting, plumbing, water
facilities and fire protection, at an expense not exceeding one
hundred eighty-seven thousand five hundred dollars, in accord-
ance with plans and specifications to he approved by the governor
and council ; said sums to be expended under the direction of the
trustees of said institution.

Sect. 2. The state treasurer is hereby authorized, under the issue of bonds
direction of the governor and council, to borrow said sum of
one hundred and eighty-seven thousand five hundred dollars, on
the credit of the state ; and to issue bonds, or certificates of in-
debtedness therefor, in the name and on behalf of the state,
twenty thousand dollars thereof to be paid annually, beginning
on July 1, 1930, 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 in-
terest warrants or coupons attached thereto ; said coupons to be
signed by the state treasurer, and said bonds and coupons to be
made payable at such place as the governor and council shall
designate.

authorized.

250

Chapter 189.

[1911

Designation
and form of
bonds.

Exemption
from taxation-
Disbursement
of funds.

Temporary
loan author-
ized.

Takes effect
on passage.

Sect. 3. Said bonds shall be designated Xew Hampsliire
State Hospital Bonds, and shall be signed bj 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 dis-
posed 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 nego-
tiate and sell such bonds to the best advantage for the state, but
no bond shall be sold for less than its par value, nor shall such
bonds be loaned, pledged or hypothecated in any way whatever.

Sect. 4. Said bonds when owned by residents or savings
banks of this state shall be exempt from taxation.

Sect. 5. The governor shall draw his orders on the state
treasurer for the amounts that may be, or become, due from time
to time, under the contracts of the trustees, approved by the gov-
ernor 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
section 1 of this act, pending the sale of said bonds, as above
provided, the governor and council may, and hereby are author-
ized, to borrow money on the credit of the state, to an amount
not exceeding seventy-five thousand dollars ($75,000), and to
cse 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.

[Approved April 15, 1911.]

1911] Chapter 190. 251

CHAPTER 190.

AN ACT IN RELATION TO THE OFFICE OF ATTORNEY-GENEEAL.

Section

1. To advise legislature, state oflBcials,

etc.

2. To represent state at certain crimi-

Section

6. Annual clerical expense of $1,200.

7. Acting attorney-general, when ap-

pointed.

nal trials. 8. Annual salary of $3,000.

3. Report to legislature, scope of.

4. To enforce criminal laws.

5. May employ counsel, detectives,

etc.

9. Other offlcers not relieved of re-
sponsibility.
10. Repealing clause; act takes effect on
passage.

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

Section 1. The attorney-eeneral shall, when required by to advise leg-

.,1-1 1 /• ,1 1 i_ • 1 • • • islature, state

either branch oi the general court, give his opinion upon any officials, etc.
question of law submitted to him by the house or senate. He
shall, when requested, advise any state board, commission, agent,
or officer as to questions of law relating to the performance of
their official duties and he shall, under the direction of the gov-
ernor and council, exercise a general supervision over the state
departments, commissions, boards, bureaus, and officers, to the
end that they perform their duties according to law. The gover-
nor and council may, in any action or proceeding, wherever pend-
ing, represent to the attorney-general that he should appear to
protect the interests of the state or of the people, and it shall be
his duty to appear.

Sect. 2. He shall act as attorney for the state in the prose- to represent
cution of persons accused of crimes punishable with death or tain criminal
imprisonment for life, or for twenty-five years or more. He shall ^^^^ ^'
have and exercise general supervision of the criminal causes pend-
ing before the supreme and superior courts of the state.

Sect. 3. He shall make repoi't of the performance of his Report, scope
duties to the general court at each session thereof and include
in each report copies of all opinions given by him during the
period covered by the report ; provided, however, that he shall
not be required to include in his report any opinion, the publi-
cation of which he deems detrimental to the public good. He
shall report particularly as to any neglect of duty on the part
of county solicitors and other officers charged with the enforce-
ment of the criminal laws, and shall recommend such changes
in the criminal laws and administration thereof as may be neces-
sary for the public good.

Sect. 4. He, with the aid of the solicitors of the several Jrlm^inaT uwa
counties shall enforce the criminal laws of the state, and shall
perform all other duties now or hereafter imposed upon him by
law.

252 Chapter 190. [1911

counsir^de^ Sect. 5. The attoriiey-geiieral, with the approval of the gov-
tectives', etc. eriior aiicl council, may employ counsel, attorneys, detectives, and
other assistants in case of reasonable necessity, and may pay them
reasonable compensation, on the warrant of the governor, out of
any money in the treasury not otherwise appropriated. When
any person is employed under the provisions of this section the
attorney-general shall report such employment, with the reason
therefor, and an itemized account of tne expenses thereof, to the
general court at its next session,
cai^expense'^of Sect. 6. The attorney-general may employ, and at pleasure
$1,200. dismiss, such clerical and stenographic assistants as may be neces-

sary, at an annual expense of not more than twelve hundred
dollars.
Acting attor- Sect. 7. If the attomey-geueral shall become incapacitated to

ney-general, . ,.,. , ^ ^ , •iin

when ap- periorm ms auties, the governor and council shall appoint an
^°'° ^ ' acting attorney-general to act as attorney-general during such in-

capacity, and such acting attorney-general shall be paid reasonable
compensation for his services and expenses.
o°°$3,o!)o.'^'^'^ Sect. 8. The annual salary of the attorney-general shall be
thirty hundred dollars, payable quarterly, and he shall be paid
his reasonable expenses incurred in the performance of his duties,
to be audited and allowed by the governor and council. The office
of the attorney-general shall be in Concord, and the reasonable
expenses thereof including suitable furniture, equipment and
supplies, shall be paid by the state treasurer after being approved
by the governor and council.
not^eiSSed'^^ Sect. 9. Nothing contained in this act shall relieve any
of responsibii- officer or persoii of any duty prescribed by law relative to the
enforcement of any criminal law, but such officer or person, in
the enforcement of such law, shall be subject to the control of the
attorney-general whenever in the discretion of the latter he shall
see fit to exercise the same.
Repealing Sect. 10. All acts and parts of acts inconsistent with this

takes effect act are herebv repealed and this act shall take effect upon its

on passage.

passage.

[Approved April 15, 1911.]

1911] Chapter 191. 253

CHAPTER 191.

AN ACT IN FAVOR OF THE INDUSTRIAL SCHOOL.

Section I Section

1. Appropriation of $80,000 for new 4. Exemption from taxation.

building. .i. Proceeds, how disbursed.

2. Issue of bonds authorized. 6. Temporary loan authorized.

3. Designation and form of bonds. | 7. Takes effect on passage.

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

S] CTION 1. That the sum of eighty thousand dollars be and Appropriation
the same i^ hereby appropriated to the industrial school for the pur- new buiiding.'^
pose of building a new building or buildings for the accommoda-
tion of the female inmates committed to said industrial school ;
for the purpose of furnishing and equipping the same ; and for
the purpose of enlarging the steam plant at said industrial school
and installing a new boiler therein. Said sum to be expended by
the trustees of said industrial school.

Sect. 2. The state treasurer is hereby authorized, under the issue of bonds
direction of the governor and council, to borrow said sum of ^^
eighty thousand dollars, on the credit of the state ; and to issue
bonds, or certificates of indebtedness therefor, in the name and
on behalf of the state, ten thousand dollars thereof to be paid
annually, beginning on July 1, 1920, 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 Avarrants or coupons attached thereto ;
said coupons to be signed by the state treasurer, and said bonds
and coupons to be made payable at such place as the governor
and council shall designate.

Sect. 3. Said bonds shall be designated New Hampshire Designation
State Industrial School bonds, and shall be signed by the treas- bonds.°'^'°
urer, 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 counter-
sigiiing, 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.

254

Chapter 192.

[1911

Exemption
from taxation.

Disbursement
of funds.

Temporary
loan author-
ized.

Takes effect
on passage.

Sect. 4. Said bonds when owned by residents or savings
banks of this state shall be exempt from taxation.

Sect. 5. The governor shall draw his orders on the state
treasurer for the amounts that may be, or become, due from
time to time, under the contracts of the trustees, approved by the
governor and council, for the purposes aforesaid, after said bill
shall have been duly approved by the governor and council, to
an amount not exceeding the proceeds of said bonds.

Sect. 6. To provide for the purposes enumerated in section
1 of this act, pending the sale of said bonds, as above provided,
the governor and council may, and hereby are authorized, to bor-
row money on the credit of the state, to an amount not exceeding
twenty-five thousand dollars ($25,000), 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.

[Approved April 15, 1911.]

CHAPTER 192.

AN ACT IN AMENDMENT OF SECTION 8, CHAPTER 35, OF EAWS
OF 1905, AND OF SECTION 20 OF CHAPTER 155 OF LAWS OF
1909, RELATING TO MAINTENANCE OF HIGHWAYS.

Section

1. Highways improved from joint fund,

how maintained.

2. East Side, West Side, and Merrimack

Valley roads, how maintained.

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

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

Highways
improved
from joint
fund, how
maintained.

Section 1. Section 8 of chapter 35 of the Laws of 1905 is
hereby amended by striking out the entire section and inserting
in place thereof the following: Sect. 8. All highways within
any city, town or place improved by the expenditure of said joint
fund shall thereafter be maintained by the city, town or place with-
in which they are located at the expense of such 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 or-
dered 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 such city, town or place for the next year; except that
assistance shall be rendered bv the governor and council to such

1911]

Chapter 193.

255

cities, towns or places by the application therefor on non-trunk
line roads of thirty-iive per cent of the net revenue from auto-
mobile fees and fines, to l)e withdrawn from the treasury on the
warrant of the governor.

Sect. 2. Section 20 of chapter 38 of the Laws of 1905, added ^^^'stl^fde.
to said chapter by chapter 155 of the Laws of 1909, is li^^'^by -^nd^ M^^rri-^
amended by striking out said section and inserting in place roads, how
thereof the following : Sect. 20. The highways designated ^^ ^ ^^^^
under section 15 and 16 of this act shall be maintained by the
city, town or place within which they are located at the expense
of such 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 shall be rendered by the governor and council to
such cities, towns or places as are, in their opinion, equitably
entitled thereto by the application therefor of sixty-five per cent,
of the net revenue from automobile fees and fines, to be withdrawn
from the treasury on the warrant of the governor.

Sect. 3. All acts and parts of acts inconsistent with this act ^i|ule';''^^ct
are hereby repealed and this act shall take effect upon its passage, takes effect

•^' i^ i i ~ on passage.

[Approved April 15, 1911.]

CHAPTEE 193.

AN ACT FOE THE BETTER EXFOECEMENT OF THE LAWS PEOHIB-
ITING THE SALE OF INTOXICATING LIQUOR IN NO-LICENSE
CITIES AND TOWNS.

Section

1. "Spirituous or intoxicating liquor,"

meaning of.

2. Illegal sale, etc., of liquor, penalty.

Section

3. Common seller, how punished.

4. Takes effect on passage: repealing

clause.

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

Section 1. Amend section 33 of chapter 2 of the Public "spirituous or
Statutes, as amended by section 5, of chapter 122 of the session ikjuor?"'^^"^
Laws of 1903, by striking out all of said section and substituting ™^aning of.
therefor the following: Sect. 33. By the words spirit, spirit-
uous liquor, or intoxicating liquor shall be intended all distilled
liquors, or rectified spirits ; vinous, fermented, brewed and malt

256

Chapter 194.

[1911

Illegal sale,
etc., of liquor,
penalty.

Common sel-
ler of liquor,
how punished.

Takes effect
on passage;
repealing
clause.

liquors; and any beverage by whatever name called, containing
more than one jjer cent of alcohol, by volume, at sixty degrees
Fahrenheit; and any beverage any part of which is intoxicating.

Sect. 2. Amend section 15, of chapter 112 of the Public
Statutes, as amended by the session Laws of 1903 and 1905, by
striking out all of said section and all amendments thereto, and
substituting therefor the following: Sect. 15. If any person,
not being authorized by law to sell intoxicating liquor, shall sell
or keep for sale, any intoxicating liquor in any quantity, he shall
be fined not less than twenty-five dollars ($25) nor more than
one hundred dollars ($100) and also imprisoned not less than
thirty nor more than sixty days ; and for any subsequent offense
he shall be fined not less than one hundred dollars ($100) nor
more than two hundred dollars ($200) and also imprisoned not
less than two nor more than twelve months. Provided, liowever,
that a person may sell cider in any quantity not less than one
barrel at a single sale, to be delivered and removed from the place
of sale at one time; and provided also, that a person may sell
cider in an unfermented state, that is, not containing alcohol.

Sect. 3. Amend section 16, of chapter 112 of the Public
Statutes, as amended by section 2 of the session Laws of 1903.
by striking out all of said section and substituting therefor the
following: Sect. 16. If any person, not being authorized by
law to sell intoxicating liquor, shall be a common seller of intoxi-
cating li(iuor, he shall be fined one hundred dollars ($100), and
shall also be imprisoned not less than three nor more than twelve
months.

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

[Approved April 15, 1911.]

CHAPTER 194.

AN act to provide FOR THE TAXATION OF SAVINGS BANKS.

Section

1. Repealing clause.

2. Savings banks, etc., how taxed.

Section
3. Takes effect September 30, 1911.

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

Repealing
clause.

Section 1. Section 5 of chapter 65 of the Public Statutes,
relating to the taxation of savings banks, and the amendments of
said section contained in chapter 108 of the LaAvs of 1895 and

1911] Chapter 195. 257

in section 2 of chapter 102 of the Laws of 1U07 are hereby re-
pealed.

Sect. 2, In place of section 5 of chapter (55 of the Public ^^Jj'jfg^^gtc.
Statntes and the amendments thereto, which are repealed by the ''o^' taxed.'
first section of this act, insert in said chapter 65 the following:
Sect. 5. Every such corporation, except building and loan as-
sociations, organized under the provisions of the Public Statutes,
shall pay to the state treasurer annually on the first day of Octo-
ber, an excise tax for the ])rivilege of conducting the business of
a savings bank or other such corporation equal in amount to three
fourths (%,) of one per cent (1%) upon the amount of the
savings deposits on which it pays interest after deducting the
value of all its real estate wherever situated and the value of
all its loans secured by mortgage upon real estate situated in this
state made at a rate not exceeding five per cent (5%) per an-
num ; and the amount invested in the bonds or notes of this state
or any of the counties, municipalities, school districts and village
precincts of this state, 'provided such bonds and notes bear in-
terest at a rate not exceeding three and one half per cent (31/4%)
per annum ; and every guaranty savings bank, trust companies,
loan and trust companies, loan and banking companies, and all other
similar corporations, except building and loan associations, shall,
in addition, pay a further excise tax for the privilege of conduct-
ing such business equal in amount to one per cent (1%) annually
upon its special deposits or capital stock, after deducting the value
of all real estate owned l)y the corporation and not already de-
ducted from the amount of its general deposits as hereinbefore
provided.

Sect. 3. This act shall take eftect September 30, 1911. Stemfoi'k

i9n.
[Approved April 15, 1911.]

CHAPTEE 195.

AN ACT TO AMEND CHAPTER 35, SESSION LAW^S OF 1901, ENTITLED
''an act to EEGULATE the SALE OF CONCENTRATED COMMER-
CIAL FEEDING-STUFFS,"

Section | Section

1. Shipments or packages, how to be
marked.

2. "Concentrated commercial feeding-

stuffs." meaning of.

3. Analysis fee.

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

Section 1. That section 1 of chapter 35, session Laws of and packages,
1901, be amended by inserting after the words ''and of crude fat," ^°aTked.'''

258

Chaptek 195.

[1911

"Concen-
trated com-
mercial feed-
ing-stuffs,"
meaning of.

Analysis fee.

the words and of crude libre, so that the section as amended shall
read: Every manufacturer, company or person, who shall sell,
offer, or expose for sale or for distribution in this state any
concentrated commercial feeding-stuff used for feeding farm live-
stock, shall furnish with each car or other amount shipped in
bulk and shall affix to every package of such feeding stuff, in a
consjjicuous jAace on the outside thereof, a plainly printed state-
ment clearly and truly certifying the number of net pounds in
the package sold or offered for sale, the name or trademark under
wdiieh the article is sold, the name of the manufacturer or ship-
per, the place of manufacturer, the place of business, and a chem-
ical analysis stating the percentages it contains of crude protein,
allowing one per centum of nitrogen to equal six and one fourth
per centum of protein, of crude fat and of crude fibre, both con-
stituents to be determined by the methods prescribed by the asso-
ciates of official agricultural chemists. Whenever any feeding-
stuff" is sold at retail in bulk or in packages belonging to the
purchaser, the agent or dealer, upon request of the purchaser,
shall furnish to him the certified statement named in this section.

Sect. 2. That section 2 of the same act be amended by in-
serting after the words "corn and oat chops," the words wheat,
rye, and buckwheat bran and middlings, and by striking out the
words "neither shall it include wheat, rye, and buckwheat brans
or middlings, not mixed with other substances, but sold sepa-
rately, as distinct articles of commerce, nor pure grains ground
together," so that section 2 shall read : The term concentrated
commercial feeding-stuff's, as used in this act, shall include lin-
seed meals, cottonseed meals, pea meals, cocoanut meals, gluten
meals, gluten feeds, maize feeds, starch feeds, sugar feeds, dried
brewer's grains, malt sprouts, hominy feeds, cerealine feeds,
rice meals, oat feeds, corn and oat chops, wheat, rye, and buck-
wheat bran and middlings, ground beef or fish scraps, mixed
feeds, and all other materials of similar nature ; but shall not
include hays and straw^s, the whole seeds nor the unmixed meals
made directly from the entire grains of wdieat, rye, barley, oats,
Indian corn, buckwheat and broom corn.

Sect. 3. That section 4 of said act be amended by substitut-
ing for the words "a license" the words an analysis throughout
the section; by substituting the word fifteen for the word "twen-
ty ;" and by inserting after the word "dollars" the words for each
brand offered for sale within the state so that section 4 as amended
shall read : Sect. 4. Each manufacturer, importer, agent, or
seller of any concentrated commercial feeding-stuffs, shall pay an-
nually during the month of December to the secretary of the
board of agriculture an analysis fee of fifteen dollars, for each
brand offered for sale within the state. Whenever a manufac-
turer, importer, agent or seller of concentrated commercial feed-
ing-stuff desires at any time to sell such material and has not

1911]

Chapter 196.

259

paid the analysis fee therefor in the preceding month of Decem-
ber, as required by this section, he shall pay the analysis fee pre-
scribed herein before making any such sale. The amount of
analysis fees received by said secretary pursuant to the provisions
of this section shall be paid by him to the treasurer of the State
of 'New Hampshire. The treasurer of the State of New Hamp-
shire shall pay from such amount when duly approved the moneys
required for the expense incurred in making the inspection re-
quired by this act and enforcing the provisions thereof. The
secretary of the board of agriculture shall report biennially to
the legislature the amount received pursuant to this act, and the
expense incurred for salaries, laboratory expenses, chemical sup-
plies, traveling expenses, printing, and other necessary matters.
Whenever the manufacturer, importer, or shipper of concentrated
commercial feeding-stuffs shall have filed the statement required
by section 1 of this act and paid the analysis fee as prescribed in
this section, no agent or seller of such manufacturer, importer,
or shipper shall be required to file such statement or pay such fee.

[Approved April 15, 1911.]

CHAPTER 196.

AN ACT RELATING TO THE MATTER OF STEAM RAILROAD RATES
FOR FARES AND FREIGHTS UPON THE RAILROADS, LEASED OR
UNITED, UNDER THE AUTHORITY OF CHAPTER 100 OF THE LAWS
OF 1883, CHAPTER 5 OF THE LAWS OF 1889^ OR CHAPTER 156
OF THE PUBLIC STATUTES, AND PROVIDING FOR A FULL IN-
VESTIGATION THEREOF.

Section
1. Public service commission to inves-
tigate and report.

2. Continuance of excess rates until

July 1, 1913.

3. Form of agreement to be filed.

Section

4. Powers of commission; appropriation

of $10,000.

5. Reasonable rates to be fixed; right
of appeal.

6. Takes effect on passage.

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

Section 1. It shall be the duty of the public service com- Pubuc service
mission to investigate fully the subject of steam railroad rates to investigate
for fares and freights upon the railroads leased or united under ^^^ report,
the authority of chapter 100 of the Laws of 1883, chapter 5 of
the Laws of 1889, or chapter 156 of the Public Statutes, and all
matters relating thereto, and report to the governor, for the in-
formation and use of the governor and the legislature, as soon

260

Chapter 196.

[1911

Continuance
of excess
rates until
July 1, 1913.

Form of
agreement to
be filed.

as may be and not later than December 1, 1912, the general
situation in respect to such rates and other related matters, to-
gether with such recommendations with reference to the subject
matter as it may deem proper.

Sect. 2, Upon the filing by a railroad corporation with the
public service commission, within thirty (30) days after all
three of the commissioners appointed under the act entitled "An
Act to establish a Public Service Commission" shall have duly
qualified, of schedules showing the present rates for fares and
freights between points in the State of Xew Hampshire and
between points in the State of Xew Hampshire and points on
other parts of said railroad, together with a properly executed
stipulation and agreement in the form set forth in section 3 of
this act, and upon the filing by the said commission with the
secretary of state of a certificate stating that such schedules and
agreements have been filed with it. said railroad corporation shall
have authority until July 1, 1913, to demand and collect rates
for fares and freights now in force in excess of the maximum
prescribed by statute ; subject, however, to the power of said
commission at any time after the commission has completed the
investigation and made the report as provided in section 1 of
this act, to reduce any of such rates by determining, as provided
in the act entitled. "An Act to establish a Public Service Com-
mission,'" just and reasonable charges and by fixing the maximum
price to be charged ; upon condition that none of the rates for
fares and freights now in force upon said railroad between points
in the State of Xew Hampshire and between points in the State
of Xew Hampshire, and points on other parts of said railroad,
shall be raised until the public service commission has completed
the investigation and made the report as provided in section 1
of this act. Xothing herein shall be construed as repealing, sus-
pending or modifying the statutes referred to in section 1 of this
act. except in so far as the operation thereof is aftected by the
authority herein specifically conferred upon such railroad com-
pany. After the completion of the investigation and the filing of
the report as provided in section 1 of this act, upon the deter-
mination by the public service commission that any rate in ex-
cess of the maximum prescribed by statute is unjust or unreason-
able, any person shall have the right to sue for and recover any
excess over such maximum paid by him after the passage of this
act, unless the repayment of such excess would be a violation of
any penal provision of any statute against the granting of rebates
or discriminations.

Sect. 3. The agreement to be filed, as provided in section 2

of this act, shall be in the following form : The

railroad company, doing business in the State of Xew Hampshire

and owning the following railroads

and operating the following railroads

1911] Chapter 196. 261

hereby accepts the provisions of an act

entitled, "An Act relating to the ]\Iatter of Steam Railroad
Rates for Fares and Freights npon the Railroads leased or united
under the Authority of Chapter KJO of the Laws of 1883, Chap-
ter 5 of the Laws of 1889, or Chapter 150 of the Pul)lic Statutes,
and providing for a Full Investigation thereof" and agrees that
nothing in said act shall he construed as repealing, suspending
or modifying chapter 100 of the Laws of 1883, chapter 5 of the
Laws of 1889, or chapter 150 of the Public Statutes, except in
so far as the operation thereof is affected by the authority spe-
cifically conferred by this act. And said railroad company fur-
ther agrees that it wall not voluntarily raise or endeavor to raise
any of its rates for fares and freight now in force between points
in the State of Xew Hampshire, or between points in the State
of Xew Hampshire and points on other parts of said railroad
prior to the time that said commission has completed the investi-
gation and made the report as provided in section 1 of an act
entitled "An Act relating to the Matter of Steam Railroad Rates
for Fares and Freights upon the Railroads leased or united
under the Authority of Chapter 100 of the Laws of 1883, Chapter
5 of the Laws of 1889, or Chapter 150 of the Public Statutes and
providing for a Full Investigation thereof." This agreement shall
not be construed as prohibiting changes in classification made by
the official classification committee, subject, however, to the right
of the public service commission, upon notice and hearing as pro-
vided in the public service commission act, to require in any
case the retention of the existing classification.

Sect. 4. For the purpose of conducting the investigation pro- Powers of
vided for in section 1 of this act, the public service commission appropriation
shall have all the powers conferred upon it by the act entitled ^^ ?i0'0^-
"An Act to establish a Public Service Commission," and, in ad-
dition to the powers conferred upon said commission by section
2, paragraph f of said act, said commission may, without the
approval of the governor and council, expend a sum not exceed-
ing ten thousand dollars ($10,000) and with the approval of the
governor and council such further sums as may be necessary in
employing counsel, stenographers, experts, accountants and others
whose assistance it may require in the performance of the duties
imposed upon it by this act.

Sect. 5. If the commission shall find that any rate or rates Reasonable
investigated by it are unjust or unreasonable, it shall by ordei' fixe^d; right of
fix such rate or rates upon a reasonable and fair basis, and the ^pp*'^'-
railroad shall have the same right to appeal from such order as
is given in the act entitled, "An Act to establish a Public Service
Commission," except that, in the case of rates now in excess of the
maximum prescribed by statute, no railroad company shall have
any right to appeal from an order of said commission reducing
such excessive rate unless such reduction shall be to a point below

262

Chapter 197.

[1911

TaJies effect
on passage.

such maximum and then only as to so much of such reduction as
shall be below such maximum. The public service commission
shall not have the power to change or to authorize the change
of any particular rate or rates until it shall have completed the
investigation and made the report provided for in section 1
hereof, and in no case shall said public service commission have
authority to pernnt any rate now below the maximum fixed by
law to be raised above such maximum, nor to perndt any rate
now exceeding such maximum to be raised.

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

[Approved April 15, 1911.]

CHAPTER 197.

AN ACT MAKING APPROPKIATIOXS FOR THE EXPENSES OF THE STATE
OF NEW IIAMPSKIKE FOE THE YEAR ENDINCr AUGUST 31, 1913.

Section 1. Sundry appropriations for state expenses.

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

Executive.

Secretary of
state.

Section 1. The sums hereinafter mentioned are appropri-
ated, to be paid out of the treasury of the state, for the purposes
specified, for the fiscal year, ending on the thirty-first day of
August, nineteen hundred and thirteen, to wit:

For the executive department, $37,250 as follows: For salary
of governor, three thousand dollars ; for salary of governor's sec-
retary, eight hundred dollars ; for honorable council, per diem
and expenses, six thousand dollars ; for contingent fund, one thou-
sand and five hundred dollars ; for transportation, six hundred
dollars ; for incidentals, one hundred dollars ; for printing blanks,
two hundred fifty dollars ; for special contingent fund for use
of the governor and council in protecting the interest of the state,
twenty-five thousand dollars.

For the secretary of state de})artmont, $18,750, as follows: For
salary of secretary, four thousand dollars ; for salary of deputy
secretary, one thousand five hundred dollars ; for clerical expenses,
seven hundred fifty dollars ; for incidentals, three hundred dol-
lars ; for ])rinting report, five hundred dollars ; for printing blanks,
one hundred fifty dollars ; for purchase of New Hampshire Law
Reports, one thousand fifty dollars ; for express, six hundred fifty
dollars ; for postage, three hundred fifty dollars ; for indexing
province records, etc., one thousand five hundred dollars; for
Australian l)allot, four thousand dollars ; for direct primary, four

1911] Chapter 197. ' 263

tliousaiid <l()llai\s; for aut(»iiiol)iles, expenses, seven thousand dol-
lars.

For treasury dei)artuient, $0,450, as follows: For salary of st^at; f^^s-
treasurer, two thousand and five hundred dollars ; for salary of
deputy treasurer, one thousand five hundred dollars ; for clerical
expenses, one thousand dollars ; for incidentals, three hundred
dollars ; for printing report, four hundred fifty dollars ; for print-
ing blanks, one hundred fifty dollars ; for compiling statistics, two
hundred dollars ; for treasurer's and deputy's bonds three hundred
fifty dollars. For treasury department, expenses legacy tax law,
$7,000, as follows : For salary of attorney in charge, two thousand
and five hundred dollars; for salaries of assistants, one thousand five
hundred dollars ; for copies of wills and records, one thousand
four hundred fifty dollars ; for office supplies and incidentals, five
hundred dollars ; for printing and stationery, two hundred dol-
lars ; for travel and expenses of litigation, eight hundred fifty
dollars.

For auditor's department, $5,200, as follows: For salary of ^'^te auditor,
auditor, three thousand dollars : for clerical expenses, one thou-
sand two hundred dollars ; for incidentals, four hundred dollars ;
for printing report and blanks, six hundred dollars.

For insurance department, $0,000, as follows : For salary of insurance
commissioner, two thousand dollars ; for clerical expenses, one sioner.
thousand six hundred dollars ; for incidentals, seven hundred dol-
lars ; for ])rinting report, one thousand three hundred dollars ; for
printing blanks, four hundred dollars.

For bank commission department, $12,000, as follows: For Bank commis-

' sion^rs

salaries of commissioners, three, payable monthly, seven thousand
five hundred dollars ; for clerical expenses, one thousand dollars ;
for expenses of commissioners, one thousand two hundred dollars ;
for incidentals, one thousand one hundred dollars ; for printing
report and printing l>lanks, one thousand two hundred dollars.

For public service commission department, $23,500, as follows: ^^"^^llf;^?^^'^^
For salaries, twelve thousand dollars ; for experts, clerks and assist-
ants, seven thousand five hundred dollars ; for expenses of com-
missioners, one thousand dollars ; for incidentals, including print-
ing, etc., three thousand dollars.

For permanent tax commission dejiartment, $15,000, as fol- Tax
lows: For salaries, eight thousand dollars; for clerical expenses,
one thousand dollars ; for expenses of commissioners, one thou-
sand five hundred dollars ; for incidentals, including printing,
four thousand dollars; for printing report, five hundred dollars.

For public printing commission department. $2,750, as follows: Printing com-
For clerical expenses, six hundred dollars ; for incidentals, one
hundred dollars; for printing blanks, fifty dollars; for purchase
of paper stock, two thousand dollars.

For department of indexing, one thousand dollars ($1,000) indexing
for salaries.

commission.

commis-
sion.

mission.

264

Chapter 197

[1911

state house.

Legislative
expenses.

Supreme
court.

Superior
court.

Attorney-
general.

Judges of
probate.

Registers of
probate.

For state house department, $15,700, as follows: Tor salaries
and pay-roll, six thousand five hundred dollars; for fuel, two
thousand five hundred dollars; for power and lights, two thou-
sand five hundred dollars; for water, two hundred dollars; for
repairs, furniture and incidentals, two thousand five hundred
dollars; for telephone, switch board and operator, one thousand
five hundred dollars.

For expense of legislature, one hundred thirty-five thousand
dollars ($135,000).

For supreme court department, $24,400, as follows: For sal-
aries of justices, twenty thousand two hundred dollars ; for salary
of clerk, five hundred dollars ; for salary of messenger, two hun-
dred dollars ; for salary of state reporter, one thousand eight hun-
dred dollars; for justices' expenses, seven hundred dollars; for
transportation, one hundred dollars ; for incidentals, five hundred
fifty dollars; for examination of students, three hundred fifty
dollars.

For superior court department, $22,800, as follows: For sal-
aries of justices, twenty thousand two hundred dollars; for jus-
tices' expenses, two thousand dollars ; for incidentals, two hundred
dollars ; for transportation, four hundred dollars.

For attorney-general's department, $7,800, as follows: For
salary of attorney-general, four thousand dollars ; for clerical
expenses, one thousand five hundred dollars; for incidentals, in-
cluding assistants, one thousand five hundred dollars ; for print-
ing report, two hundred dollars ; for printing blanks, one hundred
dollars ; for enforcement of liquor laws, five hundred dollars.

For probate court department, salaries of judges, $9,900, as
follows : For Rockingham county, one thousand two hundred
dollars ; for Strafford county, eight hundred dollars ; for Belknap
county, six hundred dollars ; for Carroll county, seven hundred
dollars; for Merrimack county, one thousand two hundred dollars;
for Hillsborough county, two thousand dollars ; for Cheshire
county, nine hundred dollars ; for Sullivan county, six hundred
dollars ; for Grafton county, one thousand dollars ; for Coos
county, nine hundred dollars.

Probate court department, salaries of registers of probate and
deputies, $11,100, as follows: For Rockingham county register,
one thousand two hundred dollars ; for Rockingham county dep-
uty, five hundred dollars ; for Strafford county register, one thou-
sand dollars ; for Belknap county register, six hundred dollars ;
for Carroll county register, six hundred dollars ; for IMerrimack
county register, one thousand two hundred dollars ; for Merrimack
county deputy, six hundred dollars ; for Hillsborough county reg-
ister, one thousand five hundred dollars ; for Hillsborough county
deputy, eight hundred dollars; for Cheshire county register, six
hundred dollars; for Sullivan county register, six hundred dol-

1911] Chapter 197. 265

lars ; for Grafton county register, one thousand dollars ; for Coos
county register, nine hundred dollars.

For public instruction department, $11,000, as follows: ^o^" ftrucuon'
salary of superintendent, payable monthly, three thousand five
hundred dollars ; for salaries of clerks, two thousand three hun-
dred dollars; for truant officer (attendance and child labor work),
two thousand six hundred dollars ; for incidentals, one thousand
four hundred dollars ; for printing blanks, seven hundred dollars ;
for })rinting report, one thousand four hundred dollars. For
new bill relating to child labor, $6,500, as follows: For salaries,
three thousand six hundred dollars ; for traveling and printing,
two thousand nine hundred dollars. For schools (chapter 158,
Laws of 1909) one hundred fifteen thousand dollars ($115,000).
(unexpended balances of previous years to be carried forward).

For state normal school department, Plymouth, $26,520, as behoof'
follows : Salaries of teachers and clerk, twenty thousand two Plymouth,
hundred seventy dollars ; for maintenance and operation, five
thousand dollars ; for incidentals, one thousand dollars ; for print-
ing report, fifty dollars ; for expenses of trustees, two hundred
dollars.

For state normal school department, Keene, $19,850, as fol- Normal
lows : For salaries, thirteen thousand eight hundred dollars ; for
maintenance and operation, five thousand dollars ; for incidentals,
eight hundred dollars ; for expenses of trustees, two hundred dol-
lars ; for printing report, fifty dollars.

For the X. H." College of Ao'riculture, $8,000, as follows: For college of

J. . . T.-r -TT 1 • 1 Tin Agriculture.

free tuition to Aew Hampshire students, three thousand dollars; I

for running expenses, five thousand dollars.

For Dartmouth College, twenty thousand dollars ($20,000) for g^^""*^
educational work.

For deaf, dumb and blind department, $16,000, as f oHows : J^^'f f,,^;^^;^^.
For support and education, fifteen thousand eight hundred fifty
dollars ; for Deaf Mute Mission, one hundred fifty dollars.

For state library department, $18,000, as follows: For main- state library,
tenance of building, three thousand one hundred dollars ; for
maintenance of library, two thousand two hundred sixty dollars;
for salaries, six thousand two hundred forty dollars ; for books,
periodicals and binding, six thousand dollars ; for expenses of
trustees, one hundred fifty dollars ; for bulletin, two hundred fifty
dollars.

For state board of charities and correction department, $^,210. ^jj°|'^'^^j°g'^j^^
as follows : For salary of secretary, one thousand eight hundred correction.
dollars; for clerical expenses, eight hundred dollars; for inci-
dentals, four hundred dollars ; for printing blanks, sixty dollars ;
for printing report, four hundred fifty dollars ; for traveling ex-
penses, seven hundred dollars.

For commissioners of lunacy department, $1,150, as follows : ^"^^^'^ *^°"'
For clerical expenses, five hundred dollars ; for incidentals, two

266

Chapter 197.

[1911

state hospital.

Industrial
school.

State prison.

Soldiers'
Home.

School for
feeble-
minded.

State sanato-
rium.

Prisoners' Aid
Association.
Labor bureau.

Board of agri-
culture.

Board of

health.

hundred dollars; for printing blanks, one hundred dollars; for
printing report, three hundred fifty dollars.

For State Hospital department, $200,000, as follows: For the
support of the indigent, convict, twenty-year patients, and de-
pendent insane, including salaries and wages of officers and em-
ployees, and library, two hundred thousand dollars.

For Industrial School department, $50,300, as follows: For
salaries, fifteen thousand dollars; for clerical expenses, three
hundred dollars; for maintenance, thirty-five thousand dollars.

For state prison department, $9,610, as follows: For war-
den's salary, two thousand dollars; for chaplain's salary, one
thousand dollars ; for physician's salary, five hundred dollars ; for
parole officer's salary, two hundred dollars; for parole officer's
expenses, one hundred dollars; for prison library, two hundred
dollars; for special repairs, one thousand dollars; for deficit in
running expenses, four thousand five hundred dollars ; for print-
ing report, one hundred ten dollars.

For Soldiers' Home, fifteen thousand dollars ($15,000) for
maintenance.

For N. H. School for Feeble-Minded Children, $35,300, as
follows : For maintenance, thirty-five thousand one hundred dol-
lars ; for printing report, two hundred dollars.

For N. H. State Sanatorium, twenty-thousand dollars ($20,-
000), for maintenance.

For Prisoners' Aid Association, twenty-five dollars ($25).

For bureau of labor department, $6,200 as follows: Labor
commissioner's salary, $1,600; clerk and assistants, $2,000; ex-
penses of arbitration, $500; incidentals, including travel, $1,500;
for printing blanks, $100 ; for printing report, $500 .

For board of agriculture department, $12,200, as follows: For
salary of secretary, one thousand five hundred dollars ; for cler-
ical expenses, one thousand dollars ; for incidentals, two hundred
fifty dollars ; for expenses, members of board, three hundred dol-
lars; for printing blanks, fifty dollars; for printing report, eight
hundred dollars ; for institutes and public meetings, one thousand
two hundred dollars ; for feeding stufi"s inspection, eight hundred
dollars ; for fertilizer inspection, one thousand six hundred dol-
lars ; for nursery inspection, three hundred dollars ; for seed in-
spection, two hundred dollars; for publications (chapter 96, Laws
of 1905), three thousand dollars; for Granite State Dairymen's
Association, expenses, seven hundred dollars ; for IST. H. Horti-
cultural Society, expenses, five hundred dollars. For cattle com-
mission, contagious diseases. $20,000, as follows: For animals
destroyed, ten thousand dollars; for inspection, disinfection and
appraisal, three thousand five hundred <lollars ; for services and
expenses of board, one thousand five hundred ; for possible ex-
penses, epidemics, five thousand dollars.

For state board of health department, $13,000, as follows: For
salary of secretary, two thousand five hundred dollars ; for salary

1911] Chapter 197. 267

of clerk, live hundred dollars; for incidentals, fonr hundred fifty
dollars; for printing blanks, three hundred dollars; for printing
report, one thousand two hundred fifty dollars ; for epidemic fund
(chapter 30, Laws of 1903), five thousand dollars; for sanitary
inspections (chapter 1(53, Laws of 1909), two thousand five hun-
dred dollars; for tuberculosis dis]iensaries (chai)ter 152, Laws of
1909), live hundred dollars. For laboratory of hygiene depart-
ment, $6,300, as follows : For salaries of two chemists, three
thousand dollars ; for salaries of two bacteriologists, one thousand
eight hundred dollars; for incidentals, one thousand one hundred
dollars ; for printing blanks and sanitary bulletin, four hundred
dollars. For vital statistics department, $2,800, as follows: For
clerical expenses, incidentals and printing blanks, one thousand
six hundred dollars ; for printing report, one thousand two hun-
dred dollars.

For commissioners of pharmacy department, $1,3(50, as fol- Pharmacy
lows: For compensation, three hundred seventy-five dollars; fQj. •^°™™'ss'°"-
incidentals and expenses, seven hundred dollars: for ]')rinting
blanks, ten dollars ; for printing report, twenty-five dollars ; for
expenses, enforcement of law, two hundred fifty dollars.

For 'New Hampshire board of registration in dentistry, $400, boTrd^*"^^
as follows : For compensation, tw^o hundred five dollars ; for
transportation and expenses, seventy dollars ; for incidentals, one
hundred fifteen dollars ; for printing report, ten dollars.

For steamboat inspectors, one hundred fifty dollars ($150). Ss^^fo^^s*
For medical referees, printing, fifty dollars ($50). Medical ref-

For adjutant-general's department, $07,725, as follows: For ^""j^^^^^jj^.
salary of adjutant-general, one thousand five hundred dollars ; s^^^i'^'-
for clerical expenses, one thousand dollars ; for incidentals, nine
hundred dollars ; for printing report, four hundred dollars ; for
printing blanks, seven hundred dollars ; for rifle ranges, nine
hundred fifty dollars; for rifle ranges, new house bill !N"o. 532,
two thousand seven hundred dollars; for officers' uniforms, two
thousand six hundred fifty dollars; for armories. Concord, ^Man-
ehester and Nashua, seven thousand dollars; for Xew^ Ham]ishire
National Guard, forty-four thousand nine hundred dollars; so
much of this appropriation as is necessary to pay the expenses of
the annual encampment is available June 1, 1912; for new house
bill ]^o. 532, five thousand twentv-five dollars. For military
organizations, $300 as follows: For Amoskeag Veterans, one
hundred dollars; for ^fanchester War Veterans, one hundred
dollars ; for Lafayette Artillery Company, one hundred dollars.

For bounty on bears and grasshoppers, five hundred dollars Bounties.
($500). For bountv on hedgehogs, seventy-five hundred dollars
($7,500).

For lights and buoys department, $1,915, as follows: For Lights and
Winnipesaukee lake, one thousand one hundred dollars : for Sun- ^''°^^-
apee lake, four hundred dollars; for Squam lake, three hundred

268

Chapter 197

[1911

Firemen's re-
lief.

Fish and
game commis-
sion.

Forest protec-
tion.

Moth suppres-
sion.

State high-
ways.

Interest
charges and
maturing
bonds.

dollars; for Winnisqiiam lake, sixty-five dollars; for Eiidicott
Rock, fifty dollars.

For firenieir s relief fund, $4,000, as follows : For chapter 64,
section 2, Laws of 1899, two thousand dollars; for contingent
fund, chapter 128, Laws of 1903, two thousand dollars.

For fish and game commission department, $21,650, as fol
lows: For salaries, two thousand six hundred dollars; for gen-
eral expenses, six thousand five hundred dollars ; for personal
expenses, one thousand five hundred dollars; for detectives, ten
thousand dollars ; for incidentals, two hundred dollars ; for trans-
portation, two hundred fifty dollars ; for printing, six hundred
dollars ; for service of sheriffs having authority through the state,
while doing detective work, when required by the governor, thirty-
six hundred dollars.

For forest protection department, $20,000, as follows: For
salaries, state forester and assistant, three thousand seven hundred
dollars ; for traveling expenses of state forester and assistant,
eight hundred dollars; for salary and expenses, four district
chiefs, two thousand one hundred dollars ; for clerical expenses,
nine hundred dollars ; for commissioners' expenses and inciden-
tals, one thousand two hundred dollars ; for printing blanks, five
hundred dollars ; for printing report, five hundred dollars ; for
forest fire expenses for towns, four thousand five hundred dol-
lars ; for state forest nursery, three hundred dollars ; for lookout
stations, establishment and maintenance, three thousand dollars ;
for forest fire warden conferences, one thousand dollars ; for pre-
vention of fires, one thousand five hundred dollars.

For suppression of moths, twelve thousand five hundred dollars
($12,500).

For highway department, $125,000, as follows: For perma-
nent improvement (unexpended balances of previous , years to be
carried forward), one hundred twenty-five thousand dollars.

For interest charges and maturing bonds, $286,221.47, as fol-
low^s: For Fiske legacy, one thousand fifty-five dollars and four-
teen cents; for Kimball legacy, two hundred seventy dollars and
fourteen cents ; for Agricultural College fund, four thousand eight
hundred dollars ; for Hamilton Smith fund, four hundred dol-
lars ; for Teachers' Institute fund, two thousand three hundred
eighty-three dollars and ninety-two cents; for Benjamin Thomp-
son fund, thirty-one thousand eight hundred eighty-seven dollars
and twenty-seven cents ; for temporary loans, two thousand five
hundred dollars ; for library loan, three thousand dollars ; for
library loan, principal due January 1, 1913, seventy-five thou-
sand dollars ; for Agricultural College loan, five thousand four
hundred dollars ; for Agricultural College loan, principal due July
1, 1913, one hundred thirty-five thousand dollars; for Hospital
loan, issue 1905, four thousand five hundred fifty dollars ; for
Hospital loan, issue 1907, five thousand two hundred fiftr dol-

1911]

Chapter 198.

269

lars; for Hospital loan, issue 1909, two thousand uiue hundred
seventy-five dollars; for Hospital loan, issue 1905, principal, ten
thousand dollars ; for Sanatorium loan, one thousand seven hun-
dred fifty dollars.

For state historian, $7,570, as follows : For compensation, two state histo-
thousand five hundred dollars ; for clerical expenses, one thousand
four hundred dollars ; for incidentals, two hundred fifty dollars ;
for printing and binding publication, three thousand dollars ; for
printing blanks, twenty dollars ; for copies of records in England,
four hundred dollars.

For G. A. K. department, $1,300, as follows: For printing, G- a. r.
three hundred dollars; for burial of soldiers and sailors, H. B.
Ko. Ill, 1911, one thousand dollars. Historical so-

For ^N". H. Historical Society, five hundred dollars ($500). ciety.

Appropriations herein for the public service department, the
permanent tax commission, attorney-general, child labor, Dart-
mouth College, and other specials, are not in addition thereto,
but in place thereof.

[Approved April 15, 1911.]

CHAPTEK 198.

AN ACT TO ENLARCiE THE POWERS OF THE BUREAU OF LABOR.

Section

1. Bureau of labor created: labor com-

missioner, appointment, tenure of
office, and salary.

2. Powers and duties of commissioner.

3. Arbitration of labor disputes by

commissioner.

Section

4. Application for arbitration.

5. Board of arbitration, when.

6. Sworn statement as to dispute, etc.

7. Strikes and lockouts, procedure in

case of.

8. Annual report.

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

Section 1. The office of commissioner of labor is hereby i^bor^"created;
abolished and a bureau of labor is established in place thereof i^abor^commis-
in accordance with the provisions of this act. Said bureau of pointment,
labor shall consist of a labor commissioner who shall be appointed Ace, and sai-
by the governor with the advice and consent of the council, within *'"^'
thirty days after the passage of this act, and such clerks and
assistants as shall be necessary for the performance of the duties
of the bureau. The labor commissioner shall hold his office for
three years from the date of his appointment and until his suc-
cessor shall be appointed and qualified, and he may be removed
at any time by the governor with the advice and consent of the
council, for cause, and his successor shall be appointed in the

270 Chapter 198. [1911

same manner for the same term. Any vacancy existing in the
office of lahor commissioner shall be filled for the unexpired por-
tion of the term by appointment by the goveriK^r with the advice
and consent of the council. Said commissioner shall appoint a
clerk of the bureau and such other clerical assistants as may be
necessary and fix their com])ensation subject to the approval of
the governor and council. The records of said bureau shall be
public records open to the inspection of any person interested.
The salary of said labor commissioner shall be one thousand
six hundred dollars ($1,600) a year, ])ayable qiiarterly by the
state treasurer in full for his services, and his actual expenses in-
curred in the work of his office shall be paid by the state treasurer
on duly detailed vouchers approved by the governor.
Powers and Sect. 2. Said labor commissioner shall exercise and perform

auties of com- ^^ ■, t ^ • ^ r • t ^ j- ^ ^

missioner. all the powcrs aufl duties heretofore exercised anrl periormed by
the commissioner of labor, together with such other ]:)owers and
duties as are authorized by this act. It shall be the duty of the
commissioner, without notice, at such times as he shall deem it
necessary, to visit the manufacturing, mechanical and mercantile
establishments in the state, so far as practicable, for the purpose
of ascertaining w^hether the laws with reference to the employ-
ment of help are complied with, and for the further purpose of
ascertaining if reasonable sanitary and hygienic conditions are
maintained calculated to promote the health and welfare of the
working people. If he shall deem it necessary, he shall transmit
to the legislature a report upon these matters when he shall deem
the occasion of sufficient importance, with such recommendations
as he shall think advisable. Whenever he shall deem it necessary,
the commissioner shall ]n'osecute any offenses against the law?
regulating the employment of help.
Arbitration of Sect. 3. Whenever any controversy or dilference arises re-
commis- ^ lating to the conditions of employment or rates of wages between
any employer, whether individual, co-partnership or corporation,
and whether resident or non-resident, and his or their employees,
such controversy involving the interests of employees not less than
ten persons in the same general line of business in this state, the
labor commissioner shall, upon application as hereinafter pro-
vided, as soon as practicable thereafter, visit the locality of the
dispute and make careful inquiry into all the conditions and cir-
cumstances of the situation, hear all persons interested therein
who may come before him, advise the respective parties what,
if anything, ought to be conceded by either or both, and adjust
such controversy or difference and, within five days after such
inquiry, make a written decision thereon, a copy of which shall
be furnished the parties and a copy kept on file in the bureau
of labor.
Application Sect. 4. Said application shall be signed by said employer

tion. ^ ' ^^' or by a majority of his employees in the department of the busi-

sioner.

1911] Chapter 198. 271

ness ill wliicli the euiitroversy or ditt'ereiice exists, or their duly
authorized agent, or by both parties, and shall contain a concise
statement of the grievance alleged and shall be verified by at least
one of the signers. When an ap})lication is signed by an agent
claiming to represent a majority of such employees, the commis-
sioner shall, before proceeding further, satisfy himself that such
agent is duly authorized in writing to represent such employees,
but the names of the employees giving such authority shall be
kept secret ])y the commissioner.

Sect. 5. Whenever in case of any such controversy or dif- tratlon°Vhen]
ference the employer and employees shall fail to agree to a set-
tlement through the commissioner as provided in section three,
then said commissioner shall endeavor to have said parties con-
sent in writing to submit their ditferences to a board of arbitra-
tion to l)e chosen from citizens of the state as follows, to wit:
Said employer shall appoint one, and said employees, acting
through a majority, one, and these two shall select a third ; these
three to constitute the board of arbitration, and the findings of
said board of arbitration shall be final, said findings shall be
binding upon the parties concerned in said controversy or dispute
for six months, or until sixty days after either party has given
the other notice in writing of his or their intention not to be
bound by the same. Such notice may be given to said employees
by posting the same in three conspicuous places in the place of
employment. Pending the decision of the board the business
shall continue on the existing basis and the employees remain
at work and said board shall render its decision within seven
days after the completion of their hearing, and if said hearing-
is on question of wages said decision to revert back to date of
beginning of said controversy. The proceedings of said board
of arbitration shall be held before the commissioner of labor
who shall act as chairman without the privilege of voting and who
shall keep a record of the proceedings, issue subpoenas and ad-
minister oaths to the members of said board and to any witness
said board may deem necessary to summon. Any notice or pro-
cess issued by said board may be served by any sheriff or con-
stable to whom the same may be directed or in whose hands the
same may be placed for service. Such arbitrators shall receive
eight dollars ($8) per day for each day actually engaged in such
arbitration and the necessary traveling expenses, to be paid upon
vouchers signed by the labor commissioner with the approval of
the governor out of the funds appropriated for the maintenance
of the bureau of labor.

Sect. 6, Upon the failure of the labor commissioner in any sworn state-
case to secure the creation of a board of arbitration, it shall be- dilputef et°c.
come his duty to request a sworn statement from each party to
the dispute of the facts upon which their dispute and their rea-
sons for not submitting the same to arbitration are based. Anv

272

Chapter 199.

[1911

strikes and

lockouts,

procedure.

Annual re-
port.

sworn statement made to the labor commissioner under this pro-
vision shall be for public use and shall be given publicity in
such newspapers as desire to use it.

Sect. 7. Whenever it shall come to the knowledge of said
labor commissioner, either by notice from a mayor of a city, the
county commissioners, the president of a board of trade, or other
representative body, the president of a central labor council or
assembly, or of any five reputable citizens, or otherwise, that a
strike or lockout is seriously threatened or has actually occurred
in any city or town of the state involving an employer and his
or its present or past employees, if at the time such employer
is employing, or up to the occurrence of the strike or lockout
was employing, not less than ten persons in the same general
line of business in any city or town in this state, and said com-
missioner shall be satisfied that such information is correct, it
shall be the duty of such commissioner, within three days there-
after, to put himself in communication with such employer and
employees and endeavor by mediation to effect an amicable set-
tlement between them or to persuade them to submit the matter
to a board of arbitration and conciliation to be appointed and to
act as hereinbefore provided in case of disputes and controversies.
In case the parties do not agree to so submit the matter, the said
commissioner may investigate the cause or causes of such con-
troversy and ascertain which party thereto is mainly responsible
for the continuance of the same, and may make and publish a
report assigning such responsibility.

Sect. 8. The said commissioner shall annually make a re-
port of the proceedings of the bureau of labor to the governor
and council containing the transactions of the office and such other
matters and recommendations as he shall deem proper.

[Approved April 15, 1911.]

CHAPTER 199.

joint eesoeutiok endorsing united states senate bill no.
5 677 entitled: "to promote the efficiency of the life-
saving SERVICE."

Preamble; senate bill endorsed.

Preamble.

Whereas, the Fnited States senate has passed senate bill No.
5677 entitled: "To promote the efficiency of the life-saving ser-
vice." and said bill is now in the committee of interstate and
foreign commerce of the house of representatives in congress ;
and

1911] Chapter 200. 273

Whereas^ we believe that the officers and members of the
United States life-saving service should receive from the govern-
ment the same treatment in regard to retirement, long service
pay, etc., as is given to the rank and tile of the army and navy
of the United States ; and in view of the fact that from the haz-
ardous and valuable work which the life-savers perform, the vast
amount of value and the great nund^er of lives which they save
from the perils of the sea, and that said service is a branch of
the government service which pays back to the public a great
profit of what it costs to maintain it ; and that articles of enlist-
ment compel them to serve with the army and navy during war;

Be It Resolved: that they should be entitled to all pri^^leges as ^^easure en-

1 r> • 1 1 T 1 dorsed.

given to the aforesaid bodies, and

Be It Resolved: that we earnestly request early and favorable
action upon senate bill No. 5677 by the house of representatives
in congress assembled, for retirement and relief, as recommended
by the Honorable S. I. Kimball, general superintendent of the
United States life-saving service, and approved by the honorable
secretary of the United States treasury.

Be It Further Resolved: that a copy of these resolutions be
immediately forwarded to the Honorable S. I. Kimball and to
the honorable secretary of the treasury, Washington, D. C, and
to members of congress from this state.

[Approved January 25, 1911.]

CHAPTER 200.

JOINT RESOLUTION IN FAVOR OF MARKING THE SITE OF THE BIRTH-
PLACE OF HORACE GREELEY AT AMHERST WITH A SUITABLY IN-
SCRIBED BOULDER.

Boulder provided for; appropriation of ?100.

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

That the governor and council be hereby directed to cause a Boulder pro-
New Hampshire boulder to be placed at the birthplace of Horace propriiuon ^^'
Greeley in the town of Amherst, the boulder to be so inscribed °^ *^*'^-
that it will mark the site of the birthplace for future generations;
that the governor be authorized to draw his warrant upon the
treasury for a sum not exceeding $100 to defray the expense.

[Approved February 2, 1911.]

274

Chapters 201, 202.

[1911

Publication
authorized;
appropriation
of $400.

CHAPTER 201.

JOIJN^T RESOLUTION TO PEOVIDE FOE THE PUBLICATION OF THE
PROCEEDINGS AT THE DEDICATION OF THE REMODELED STATE
HOUSE, OCTOBER 25, 1910.

Publication autliorized; appropriation of |400.

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

That the secretary of state cause to be published in book form
the proceedings at the dedication of the remodeled state house Oc-
tober 25, 1910, and that a sum not exceeding four hundred dol-
lars be and hereby is appropriated for that purpose, and that the
governor is hereby authorized to draw his warrant for the same
from any money in the treasury not otherwise appropriated.

[Approved February 8, 1911.]

CHAPTER 202.

Preanable.

JOINT RESOLUTION AUTHORIZING THE ATTORNEY-GENERAL TO
PROSECUTE AND DEFEND AT THE EXPENSE OF THE STATE
CERTAIN PENDING LITIGATION AFFECTING THE PUBLIC INTER-
ESTS, AND PROVIDING FOR DEFRAYING THE EXPENSE THEREOF

Preamble; authority granted.

Whereas, the attorney-general has heretofore brought a suit
in equity against the Boston & Maine Railroad to enjoin said
corporation from charging and collecting, on various lines of
railroad operated by it in this state under lease and otherwise,
numerous rates for fares and freights understood to be in excess
of the maximum rates allowed to be charged thereon by the laws
of this state, which suit is now })ending in the superior and su-
preme courts ; and

Whereas, said Boston k Maine Railroad and various other
public-service corporations, claiming that certain taxes heretofore
assessed against them by the state board of equalization were
excessive, have taken appeals from such assessments, which ap-
peals are now pending in said courts ; and

Whereas, the American Express Company has likewise ap-
pealed from certain orders heretofore made by the state board
of railroad commissioners in proceedings brought by individual

lyil] Chapter 203.

citizens for a reduction of certain rates charged by said corpora-
tion within this state for the transportation of express matter,
which appeal is now pending in the superior court ; and

Wkekeas, the questions involved in all suits and appeals di-
rectly affect the interests of and are of grave concern to the citi-
zens of this state and the pul)lic generally, and the due protec-
tion of the public interests therein may involve consideral)le ex-
pense, to defray which no funds have heretofore been appropri-
ated ; now therefore be it

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

That the attorney-general be and hereby is authorized and di- Authority
rected, in behalf of the people of the state, to prosecute to final
determination the above mentioned railroad-rate suit, to appear
in and defend to final determination the several above-mentioned
appeals, and, under the direction of the governor and council,
to employ such assistance and incur such expense as may be rea-
sonably necessary for the protection of the public interests in
the preparation and prosecution or defense thereof, including
the investigation of facts and collection and presentation of evi-
dence ; and that the governor be and hereby is authorized from
time to time to draw his warrant upon any money in the treasury,
not otherwise appropriated, for the reasonable expenses incurred
as aforesaid.

[Approved February 16, 1011.]

275

CHAPTEK 203.

JOINT RESOLUTION IN FAVOK OF NATHAN O. WEEKS OF WAKEFIELD.
Payment of $100 authorized.

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

That the state treasurer be and hereby is authorized and di- Payment of
rected to pav to Xathan O. Weeks of Wakefield the sum of onefz^.^"* °^'
hundred dollars for salary as a member of this house in the
year 1009.

[Approved February 22, 1011.]

276 Chaptees 20-i, 205. [1911

CHAPTEK 204.

JOi:XT EESOLUTION lA^ FAVOR OF WALDO E. HOWARD OF CROYDON^
]Sr. H.^ FOR NECESSARY EXPEI^fSES INCURRED IN MAINTAINING
HIS RIGHT TO A SEAT IN THE HOUSE.

Allowance of 1124.02.

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

AHowance of That Walclo E. Howard of Croydon, N. H., be allowed the
sum of one hundred twenty-four dollars and two cents for nec-
essary expenses incurred in maintaining his right to a seat in
the house, and that the governor be, and is hereby authorized,
to draw his warrant for the said sum out of any money not other-
wise appropriated.

[Approved February 22, 1911.]

CHAPTEE 205.

JOINT RESOLUTION IN FAVOR OF CLAYTON C. FOSS AND OTHERS.
Sundry allowances for services.

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

Sundry allow- That Ciavtou C. Foss, assistant warden of cloak room, be paid
vfc'es! ^°' ''" $31.50; George W. Parker, telephone messenger, $22.50; Arthur
F. Bickford, page, $18; Carl C. IFerryman, page, $18; Harold
L. Davis, page, $29.49; Fred G. Brown, page^ $28, for their
services rendered at the organization of the present senate and
house of representatives ; and that the governor be. and hereby
is, authorized to draw his warrant for the same out of any money
in the treasury not otherwise appropriated.

[Approved Februaijy 22, 1911.]

1911] Chapter 206. 277

CHAPTEE 206.

JOINT RESOLUTION TO PKOVIDE FOR CERTAIN DEFICIENCIES IN
STATE EXPENSES FOR THE YEAR ENDING AUGUST 31, 1911.

Appropriations aggregating $36,902.82.

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

That the sum of thirty-six thousand nine hundred sixty-two Appropria-
and 82-100 dollars be and the same is hereby appropriated for gating $36,-
the purposes hereinafter specified for the year ending August 31, ^^^" *
1911, and the governor is hereby authorized to draw his warrant
for the same out of any money in the treasury not otherwise
appropriated, to wit: For deficiency in salary of the deputy
secretary of state one hundred and fifty dollars. For adjutant
general's department, printing report, eight hundred and fifty
dollars. For repairing and replacing furniture in supreme court
room, two hundred dollars. For deficiency in salary of messen-
ger to the supreme court, thirty-three and 33-100 dollars. For
fish and game commission department, enlarging and improving
Laconia fish hatchery, fifteen hundred dollars, general expenses,
three thousand dollars, detectives, twenty-seven hundred and fifty
dollars, incidentals, one hundred and twenty-five dollars, print-
ing, one hundred and twenty-five dollars. For department of
public instruction, incidentals, eight hundred and fifty dollars.
For state library department, deficiency in salaries, two hundred
and fifty dollars. For state house department, salaries and pay-
roll, thirty-five hundred dollars, lighting and power, eighteen
hundred dollars, water, one hundred and twenty-five dollars, fuel,
seven hundred dollars. Miscellaneous, including furniture and
repairs, twenty-five hundred dollars, telephone service, eight
hundred dollars. For industrial school department, five thousand
dollars to pay indebtedness incurred prior to September 1, 1909.
For I^. H. State Sanatorium, maintenance, five thousand dollars.
For state prison department, deficit in running expenses, five
hundred dollars. For schools, chapter 158, Laws 1909, seven
thousand two hundred and four dollars and forty-nine cents.

[Approved March 2, 1911.]

278

Chapters 207, 208.

[1911

Allowance of

?79.62.

CHAPTEE 207.

JOINT RESOLUTION IN FAVOK OF JAMES W. PRIDHAM OF NEW-
CASTLE FOR NECESSARY EXPENSES INCURRED IN MAINTAINING
IIIS RIGHT TO A SEAT IN THIS HOUSE.

Allowance of $79.62.

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

That James W. Pridham, of Xewcastle, be allowed the sum
of seventy-nine dollars and sixty-two cents for expenses incurred
in maintaining his right to a seat in this house, and that the gov-
ernor be and is hereby authorized to draw his warrant for the
said sum out of any money in the treasury not otherwise appro-
priated.

[Approved March 15, 1911.]

CHAPTER 208.

JOINT RESOLUTION IN FAVOR OF CLEANING THE HANNAH DUSTIN
MONUMENT AND PAINTING FENCE SURROUNDING THE SAME.

; Appropriation of $75.

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

Appropria-
tion of $75.

That a sum not exceeding seventy-five dollars be and is hereby
appropriated for the purpose of cleaning the Hannah Dustin
monument in Boscawen, K. H., and painting the fence surround-
ing the same. And that the governor is hereby authorized to
draw his warrant for the same out of any money in the treasury
not otherwise appropriated and that the same be expended under
the direction of the selectmen of Boscawen.

[Approved March 15, 1911.]

1911] Chapters 209, 210. 279

CHAPTER 209.

JOINT RESOLUTION IN FAVOR OF DAVID SPREADBY OF NORTHUMBER-
LAND, FOR NECESSARY EXPENSES INCURRED BY HIM IN MAIN-
TAINING HIS RIGHT TO A SEAT IN THIS HOUSE.

Allowance of 1105.18.

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

That the sum of $105.18 be and hereby is appropriated to Allowance of
reimburse David Spreadby of ISTorthumberland for his expenses ^^°^-^^-
in maintaining his seat in this house, as follows: To cash paid
carfares David Spreadby in coming to Concord to prepare for
and attend hearing before committee on elections, $20.53; to cash
paid expenses M. M. Blanchard attending recount and services,
$17.13; to cash paid expenses J. B. McFarland attending hear-
ing as witness, $17.52 ; to services William A. Foster and DeWitt
C. Howe, services in preparation for and attending hearing,
$50.00: $105.18: and that the governor is hereby authorized to
draw his warrant for the same out of any money in the treasury
not otherwise appropriated.

[Approved March 17, 1911.]

CHAPTER 210.

JOINT RESOLUTION IN RELATION TO A VOLUME OF REMINISCENCES
OF THE SERVICES OF THE THIRD REGIMENT, NEW HAMPSHIRE
VOLUNTEERS, AND OF EMINENT NEW HAMPSHIRE SOLDIERS IN
THE WAR OF THE REBELLION.

Purchase of copies authorized.

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

That the secretary of state is authorized to purchase for dis- P^i^cbaae au-
tribution "Reminiscences of the War of the Rebellion," by El-
bridge J. Copp, as follows: Five copies for the use of the state
library; five copies for the use of the Xew Hampshire Historical
Society ; two copies for the library of Dartmouth College ; two
copies for the N^ew Hampshire College of Agriculture and the
Mechanic Arts ; one copy for the office of the secretary of state ;

280

Chapters 211, 212.

[1911

one copy for the office of the adjutant general; and one copy for
each public library in the state ; provided that the maximum price
to be paid for each volume shall not exceed two dollars and fifty
cents. Provided also that the subject matter of the book as to
general interest and value as a contribution to the history of
New Hampshire in the War of the Rebellion shall be approved
by the governor and council.

[Approved March 17, 1911.]

CHAPTER 211.

J0I2s'T RESOLUTION IX FAVOR OF DAVID M. THURSTON.

Allowance of $38.64.

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

AHowance of That David M. Thurston be allowed thirty-eight dollars and
sixty-four cents, the same being to reimburse him for expenses
in maintaining his seat in this house as a member from the town
of Eaton, and the governor is hereby authorized to draw his war-
rant therefor out of any money in the treasury not otherwise
appropriated.

[Approved March 17, 1911.]

CHAPTER 212.

JOINT RESOLUTION IN FAVOR OF HARRY T. LORD OF THE SECOND
COUNCILOR DISTRICT FOR EXPENSES INCURRED IN DEFENDING
HIS SEAT AS MEMBER OF THE GOVERNOR'S COUNCIL.

Allowance of $75.

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

Allowance of
$75.

That the sum of seventy-five dollars be paid to Harry T. Lord
of the second councilor district for expenses incurred by him in
defending his seat as a member of the governor's council, and
that the governor is hereby authorized to draw his warrant for

1911] Chapters 213, 2U. 281

the same out of any money in the treasury not otherwise appro-
priated.

[Approved March 17, 1911.]

CHAPTER 213.

JOINT RESOLUTION IN FAVOE OF THE NEW HAMPSHIRE SOLDIERS^

HOME.

Appropriation of $6,000 for additions and repairs.

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

That the sum of six thousand dollars ($6,000) be, and hereby Appropria-
is appropriated for the purpose of constructing the required ad-
ditions to the buildings of the ISTew Hampshire Soldiers' Home
at Tilton, and for making the necessary repairs to the present
buildings, and it is herewith specifically provided that said sum,
or any unexpended balance thereof, shall be available for the
purposes above named, from the passage of this joint resolution
until August 31, 1913. The proposed additions and repairs
shall be under the supervision of the board of managers of the
home, and the governor is authorized to draw his warrants for
the amount named out of any money in the treasury not other-
wise appropriated.

[Approved March 28, 1911.]

CHAPTER 214.

JOINT RESOLUTION IN FAVOR OF GRANITE STATE DEAF MUTE

MISSION.

Annual appropriation of $150.

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

That the sum of one hundred and fifty dollars annually be Annual appro-
and is hereby appropriated for the Granite State Deaf Mute Mis- $i50.
sion ; and the governor is hereby authorized to draw his warrant
for the same of any money in the treasury not otherwise appro-
priated.

[Approved March 28, 1911.]

262

Chapters 215, 216.

[1911

Investigation
and report
provided for.

CHAPTER 215.

JOINT EESOLUTION TO PROVIDE FOE A REPORT UPON TOWN AND

PARISH RECORDS.

Investigation and report provided for.

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

That the governor and council be authorized to appoint a suit-
able person to report to the next legislature upon the condition
of the public records of the towns and parishes of the state, said
report to be in a convenient form for printing. Said appointee
shall serve without compensation, except necessary expenses to
be approved bv the governor and council in a sum not exceeding
two hundred dollars.

[Approved March 28, 1911.]

CHAPTER 216.

Allowance of
$U0.

JOINT RESOLUTION IN FAVOR OF NEWELL P. SIAS.
Allowance of $110.

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

That ISTewell P. Sias, of Ossipee, be allowed the sum of one
hundred and ten dollars for expenses incurred in maintaining
his right to a seat in this house, and that the same be paid him
out of funds in the treasury, and the governor is authorized to
draw his warrant therefor.

[Approved March 28. 1911.]

1911] Chapters 217, 218. 283

CHAPTEK 217.

JOINT EESOLUTION IN FAVOR OF JAMES O. GERRY.

Allowance of ?47.

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

That the sum of forty-seven dollars ($47) be and the same is Allowance of
hereby allowed to James O. Gerry for necessary expenses in-
curred in maintaining his right to a seat in the senate, 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 appro-
priated.

[Approved March 30, 1911.]

CHAPTER 218.

JOINT RESOLrTION APPROPRIATING $300 FOR AN EXHIBIT AT THE
NEW ENGLAND FRUIT SHOW.

Appropriation of $300.

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

That the sum of $800 is hereby appropriated to the ISTew Appropria-
Hampshire Horticultural Society to be expended in collecting ^'""^ °^ ^^'"'•
and installing an exhibit of ]N'ew Hampshire fruits at the I^ew
England Emit Show to be held in Boston, Mass., ISTovember,
1911, under the joint auspices of the horticultural societies and
the boards of agriculture of the ISTew' England states, and the
governor is authorized to draw his warrant for the same out of
any money in the treasurv not otherwise appropriated. Said
appropriation is to be immediatelv available. The treasurer of
the "Xew Hampshire Horticultural Societv shall make an itemized
report to the governor and council of the expenditure of funds
hereby appropriated, on or before Januarv 1, 1912.

[Approved March 30, 1911.]

284

Chapters 219, 220.

[1911

Allowance of
$89.

CHAPTEK 219.

JOINT KESOLUTIOX IN FAVOK OF PRESTON CHANDLEE.

Allowance of $S9.

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

TiixVT the sum of eighty-nine dollars ($89) be and the same is
hereby allowed to Preston Chandler for necessary expenses in-
curred 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 appro-
priated.

[Approved March 30, 1911.]

CHAPTEE 220.

JOINT RESOLUTION IN FAVOR OF ALBERT D. FELCH,

Allowance of
$13.35.

Allowance of $13.25.

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

Tjiat the sum of thirteen dollars and twenty-five cents ($13.25)
be paid Albert D. Felch, chairman of the committee on roads,
bridges and canals for expenses incurred by him and his com-
mittee, and the governor is hereby authorized to draw his war-
rant for the same out of any money in the treasury not otherwise
appropriated.

[Approved March 30, 1911.]

1911] Chapteks 221, 222. 285

CHAPTER 221.

JOINT RESOLUTION IX FAVOR OF JOHN L. NIVEN.

Allowance of $20.

Resolved by the Senate and House of Pk^epresentatives in
General Court convened:

That the sum of twenty dollars be allowed John L. Niven for Allowance of
expenses paid by him in defending his right to a seat in the house,
and the governor is hereby authorized to draw his warrant for
the same out of any money in the treasury not otherwise appro-
priated.

[Approved March 30, 1911.]

CHAPTEE 222.

JOINT RESOLUTION PROVIDING FOR AN ENLARGEMENT OF THE
NEW HAMPSHIRE STATE SANATORIUM.

Appropriation of $35,700.

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

That the sum of thirty-five thousand seven hundred ($35,Y00) fJ^^^°Yi257Q(i
dollars be and hereby is appropriated for the purposes of en-
larging, completing and furnishing the Xew Hampshire State
Sanatorium at Glencliff; said sum to be expended under the di-
rection of the board of trustees of said institution, as follows :
$2,200 for the construction of a new laundry, $1,500 for laundry
machinery, $8,000 for one new ward building, $21,000 for a new
kitchen and dining rooms, and $3,000 for equipping and fur-
nishing said buildings, and the governor is hereby authorized to
draw his warrant for said sum out of any money in the treasury
not otherwise appropriated.

[Approved March 31, 1911.]

286

Chapters 223, 224.

[1911

Appropria-
tion of $23.92.

CHAPTEE 223.

JOINT RESOLUTION IN FAVOR OF CHARLES H. BEAN OF THE SIXTH
SENATORIAL DISTRICT.

Appropriation of $23.92.

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

That the sum of $23.92 be and hereby is appropriated to re-
imburse Charles H. Bean of Franklin, N. H. for his expenses
in maintaining his seat in the senate as follows : For counsel
fees at recount, $15 ; I. V. Goss as witness, $5 ; hotel bills, $2 ;
car fares Franklin to Concord and return, $1.92 ; total, $23.92,
and that 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, 1911.]

CHAPTER 224.

JOINT RESOLUTION IN FAVOR OF JOSEPH E. BURKE OF MADISON
TO REIMBURSE HIM FOR MONEY PAID THE NEW HAMPSHIRE
STATE HOSPITAL.

Payment of $473.35 authorized.

Payment of
$473.35 autlior-
Ized.

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

That the treasurer of the New Hampshire State Hospital be
and hereby is authorized and directed to pay to Joseph E. Burke
of Madison, New Hampshire the sum of four hundred seventy-
three dollars and thirty-five cents ($473.35) said amount having
been paid to the New Hampshire State Hospital for board of
Herbert S. Burke, an insane person, by said .Joseph E. Burke
as guardian of said insane person, under misapprehension of the
laws, whereby said guardian has been obliged to reimburse the
estate of his said insane ward to the extent of the aforesaid
amount.

[Approved April 7, 1911.]

1911] Chapters 225, 226. 287

CHAPTEK 225.

JOINT EESOLUTION PKOVIDING FOR A COMMITTEE TO CONSIDER
THE QUESTION OF A STATE WORKHOUSE.

Committee provided for; appropriation of $800.

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

That the governor, with the advice and consent of the conncil. pr°o™ided^for;
be and hereby is authorized to appoint a committee consisting ^PPj'g°QP"^"°°
of three memlDers to consider the question of a state workhouse or
reformatory. The said committee shall report to the next legisla-
ture, sometime during the first six days of the session of January,
1913, as to the probable cost of the erection and maintenance
of such an institution, together with such recommendations as
they deem proper. The committee shall serve without pay, but
shall receive their actual reasonable expenses. The sum of eight
hundred dollars ($800), or so much thereof as may be necessary,
is hereby appropriated for the purpose of paying the actual rea-
sonable expenses of said committee in making the said in-
vestigation and report, and the governor is hereby authorized to
draw his warrant for the same.

[Approved April 13, 1911.]

CHAPTER 226.

joint RESOLUTION IN FAVOR OF SCREENING BEAISDELL EAKE IN
THE TOWN OF SUTTON.

Appropriation of $150.

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

That a sum not exceeding one hundred and fifty dollars be and Appropria-
hpreby is apprn^^riated for the purpose of screening the outlet of
Blaisdell lake or Long pond, so called, in the town of Sutton, and
that the governor is herebv authorized to draw his warrant for
the same from the appropriation for that purpose provided for the
fish and game commission department.

[Approved April 14. 1911.]

Chapters 227, 228.

[1911

CHAPTER 227.

Appropria-
tion of $350.

JOINT KESOLUTIOjST IN FAVOR OF SCREENING WEBSTER LAKE IN

FRANKLIN.

Appropriation of $350.

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

That a sum not exceeding three hundred and fifty dollars be
and is hereby appropriated for the purpose of screening Webster
lake in Franklin, ^. H., and that the governor is hereby author-
ized to draw his warrant for the same from the appropriation for
that purpose provided for the fish and game commission depart-
ment.

[Approved April 14, 1911.]

CHAPTER 228.

Preamble.

Compromise
and settle-
ment author-
ized.

JOINT RESOLUTION IN REFERENCE TO THE SETTLEMENT OF THE
APPEALS OF THE BOSTON & MAINE RAILROAD FROM THE ASSESS-
MENT OF TAXES FOR THE YEARS 1909 AND 1910, BY THE STATE
BOARD OF EQUALIZATION.

Preamble; compromise and settlement authorized.

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

Tpiat WHEREAS^ there are now pending in the supreme court,
appeals by the Boston & Maine Railroad, Maine Central Railroad
and The Grand Trunk Railway from the taxes assessed against
them by the state board of equalization for the years 1909 and
1910, and

Whereas, the Boston & Maine Railroad, IMaine Central Rail-
road and The Grand Trunk Railway have expressed a desire to
enter into a plan for the compromise and adjustment of said
appeals, and have expressed their willingness to agree to any plan
of compromise which the legislature may adopt, now, therefore,
be it

Resolved, that the attorney-general, with tlie a])proval of the
governor and council, be, and he is hereby, authorized and fully
empowered, on behalf of the state, to make such adjustment, com-
promise and settlement of the matters in controversy between the
state and the Boston tS: IMaine Railroad, Maine Central Railroad

1911] Chapter 229. 289

and The Grand Trunk Railway growing out of the assessment
of the taxes upon said railroads by the state board of equaliza-
tion for the years 1909 and 1910, as he and they may deem ex-
pedient and for the best interests of the state and be it further

Resolved, That if, by the terms of said compromise, adjustment
and settlement, any abatement or reduction of the tax for the year
1909 is allowed, the amount thereof shall not be repaid by the
state but shall be applied upon the tax for the year 1911, and
if any abatement or reduction of the tax for the year 1910 is
allowed, the amount thereof shall not be repaid by the state but
shall be applied upon the tax of said railroads for the year 1912.

[Approved April 14, 1911.]

CHAPTER 229.

JOINT EESOLUTION AUTHORIZING THE GOVEENOE TO APPOINT A
COMMITTEE TO EXAMINE INTO THE WOEKINGS OF THE SYSTEM
OF CENTRALIZED SUPEEVISION OF PENAL AND CHARITABLE
INSTITUTIONS.

Appointment of committee authorized.

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

That the 2;overnor, be, and herebv is authorized to appoint a Appointment

^ , . •11 • 1 °^ committee

committee consistmsi; of three suitable persons to examine and authorized,
inquire into the workings of the system of centralized supervision
and direction of charitable, penal and reformatory institutions
in states in which such system is in operation, and report its
findings to the next legislature ; such committee to serve without
pay, and the governor is hereby authorized to draw his warrant
out of any money in the treasury not otherwise appropriated, for
reasonable expenses of the committee.

[Approved April 15, 1911.]

290 Chapter 230. [1911

CHAPTER 230.

JOINT KESOLUTION FOR THE TREATMENT OF PERSONS AFFLICTED
WITH TUBERCULOSIS^ PARTICULARLY IN THE ADVANCED STAGES.

Free beds provided for; appropriation of $20,000.

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

provid^e^d^^for- That for the treatment of persons afflicted with tuberculosis,
appropriation particularly in the advanced stage, and who are unable to pay
the cost of such treatment; and for the encouragement of the
establishment and maintenance of sanatoria for the treatment of
such persons, the state board of charities and correction be and
hereby are authorized to engage free beds in such sanatoria or
other places as have been approved by the state board of health
for the treatment of such persons as the state board of charities
and correction may specify. Indigent consumptives, citizens of
the state, who are unable to pay any part of the cost of said treat-
ment, may be admitted to said free beds by the authority of the
secretary of the state board of charities and correction in accord-
ance with the ordinary regulations of said sanatoria. Persons in
needy circumstances, who, by themselves, relatives or friends, are
unable to pay part of the cost of said treatment, may be admitted
to said sanatoria or other places and maintained and treated there-
in at the expense of the state to that extent that they cannot by
themselves, friends or relatives, chargeable therefor, pay cash cost
of treatment when the state board of charities and correction so
certify and stipulate the proportion the state shall assume to pay.
This act shall not be construed so as to deprive any person to
whom aid is rendered of any right that he may have at the time
of his admission to said sanatorium. To defray the expenses of
engaging said free beds and assisting persons in needy circum-
stances to treatment in said sanatoria, a sum not exceeding
$20,000 for each of the years 1911-1912 is hereby appropriated
and the governor is authorized to draw his warrant for said sum
out of any money in the treasury not otherwise appropriated.
This joint resolution shall take effect upon its passage.

[Approved April 15, 1911.]

1911] Chapters 231, 232. 291

CHAPTER 231.

JOINT KESOLUTIOX IX FAVOR OF SCREENING HALF MOON POND
IN THE TOWNS OF ALTON AND BARNSTEAD.

Two appropriations of $75 each.

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

That a sum not exceeding seventy-five dollars be and hereby Two appropji-
is appropriated for the purpose of screening the outlet of Half each!^ °
Moon pond in the towns of Alton and Barnstead, and that the
governor is hereby authorized to draw his warrant for the same
from the appropriation for that purpose provided for the fish and
game commission department. That a sum not exceeding seventy-
five ($75) dollars be and hereby is appropriated for the purpose
of screening the outlet of Angle pond in the town of Hampstead
and Sandown. and the governor is hereby authorized to draw his
warrant for the same from the apj^ropriation provided for the
fish and game department.

[Approved April 15, 1911.]

CHAPTER 232.

JOINT RESOLUTION IN FAVOR OF PETER T. HARRITY.

Allowance of $171.52.

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

That Peter T. Harrity of Rochester. X. H., be allowed the Allowance of
sum of one hundred and seventv-one dollars and fifty-two cents
for expenses incurred in maintainiuG' his right to a seat in this
house, and that the 2:overnor, be and is hereby authorized to draw
his warrant for said sum out of any money in the treasury not
otherwise appropriated.

[Approved April 15, 1911.]

292

Chapters 233, 234.

[1911

Allowance of
$145.15.

CHAPTER 233,

JOINT RESOLUTION IN FAVOK OF C. E. HEWITT FOR SERVICES IN
REFERENCE TO HOUSE BILL NO. 318.

Allowance of $145.15.

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

That the sum of one hundred forty-five 15-100 dollars
($145.15) be paid to C. E. Hewitt for services and expenses on
house bill ISTo. 318, in reference to erecting and equipping a cen-
tral heat and light plant for the state house, state library and
ISTew Hampshire Historical Society buildings, as authorized by
house resolution of February 9th, and that the governor is hereby
authorized to draw his warrant for said sum out of any money
in the treasury not otherwise appropriated.

[Approved April 15, 1911.]

CHAPTEE 234.

JOINT RESOLUTION TO SCREEN THE OUTLET OF SUNCOOK POND IN
THE TOWNS OF NORTHWOOD AND EPSOZSI.

Appropriation of $350.

Appropria-
tion of $350.

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

That the sum of three hundred and fifty dollars be and the
same hereby is appropriated for screening the outlet of Suncook
pond in the towns of Xorthwood and Epsom, the same to be ex-
pended under the direction of the fish and game commissioners
in accordance with the existing law, and the goA'ernor is hereby
authorized to draw his warrant for the same out of the appro-
priation for that purpose provided for the fish and game com-
mission department.

[Approved April 15, 1911.]

1911] Chapters 235, 236. 293

CHAPTEK 235.

JOINT KESOLUTION TO APPKOPKIATE $150 FOE THE PURPOSE OF
REPAIRING THE SCREEN AT THE OUTLET OF SUCCESS POND IN
THE TOWN OF SUCCESS.

Appropriation of $150.

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

That the sum of cue hundred and fifty dollars be, and hereby ■^jPP''°^'"|i^_
is appropriated for the purpose of repairing and extending the
screen across the outlet of Success pond in the town of Success,
said appropriation to be expended and said screen to be repaired
and extended during the year 19 11-' 12 under the direction and
supervision of the fish and game commissioners of the State of
New Hampshire and said amount to be appropriated shall be
paid and expended out of the appropriation for that purpose pro-
vided for the fish and game commission department.

[Approved April 15, 1911.]

CHAPTER 236.

JOINT RESOLUTION IN FAVOR OF SCREENING THE OUTLET OF
MONTGOMERY LAKE IN THE TOWN OF WHITEFIELD.

Appropriation of $75.

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

That the sum of seventy-five dollars be and the same liereby ^ppropria^-
is appropriated for the building of a fish screen at the outlet of
Montgomery lake in the town of Whitefield, the same to be ex-
pended under the direction of the fish and game commissioners
in accordance with existing law. and the governor is hereby au-
thorized to draw his warrant for the same out of the appropria-
tion for that purpose provided for the fish and game commission
department.

[Approved April 15, 1911.]

294

Chapters 237, 238.

[1911

Sundry appro-
priations for
deficiencies.

CHAPTER 237.

JOINT RESOLUTION TO PROVIDE FOR DEFICIENCIES IN THE APPRO-
PRIATION FOR EXPENSES OF THE LEGACY TAX DEPARTMENT AND
PER DIEM AND EXPENSES OF THE HONORABLE COUNCIL FOR THE
YEAR ENDING AUGUST 31, 1911.

Sundry appropriations for deficiencies.

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

That the sum of one thousand dollars, in addition to the
amount provided by chapter 169 of the Laws of 1909, be and the
same is hereby appropriated for current expenses, furniture and
supplies for the legacy tax department, for printing railroad com-
mission report, six hundred dollars, and the sum of thirty-five
hundred dollars for the per diem and expenses of the honorable
council is hereby appropriated, for the year ending August 31,
1911, 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 15, 1911.]

CHAPTER 238.

JOINT RESOLUTION PROVIDING FOR THE ERECTION AND EQUIPPING
OF A BRANCH STATE FISH HATCHERY IN THE TOWN OF CONWAY.

Appropriation of $1,500.

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

Appropria-
tion of fl,500.

That a sum not exceeding fifteen hundred dollars be and the
same is hereby appropriated for the purpose of erecting and
equipping a branch state fish hatchery in the town of Conway on
l^nd already leased by the state for that purpose, and the governor
is hereby authorized to draw his warrant for the same out of
the appropriation for that purpose provided for the fish and game
commission department, said money to be expended under the
direction of the fish and game commissioners.

[Approved April 15, 1911.]

1911] Chapters 239, 240. 295

CHAPTER 239.

JOINT KESOLUTION IN FAVOE OF THE NEW HAMPSHIRE SCHOOL
FOK FEEBLE-MINDED.

Aggregate appropriations of $28,000 for suudry purposes.

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

Tpiat the sum of seventy-five hundred ($7,500) dollars be ^'^^ ^fo^r^lons^'
hereby is appropriated for a reservoir, capacity 250,000 gallons, <>* $28,000.
piping and hydrants, etc. ; that thirty-one hundred and fifty dol-
lars be appropriated for twenty horse-power pump, motor and
power-house; that eighty-six hundred dollars ($8,600) be appro-
priated for sewage, filter-beds and settling basin; that six thou-
sand dollars ($6,000) be appropriated for purchase of Brown
farm, seventy acres and buildings ; that eleven hundred and
twenty-five dollars ($1,125) be appropriated for purchase of land
now rented; that sixteen hundred and twenty-five dollars ($1,625)
be appropriated for a vegetable cellar and shed for farm imple-
ments. The governor is hereby authorized to draw his warrant
for the same out of any money in the treasury not otherwise
appropriated.

[Approved April 15, 1911.]

CHAPTER 240.

JOINT RESOLUTION APPROPRIATING MONEY FOR THE BENEFIT OF
THE NEW HAMPSHIRE COLLEGE OF AGRICULTURE AND THE
MECHANIC ARTS.

Aggregate appropriations of $31,500 for sundry purposes.

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

That the sum of thirty-one thousand five hundred dollars is Aggregate ap-
hereby appropriated for the Xew Hampshire College of Agri- of Ts" 500°°^
culture and Mechanic Arts and the governor is authorized to draw
his warrant for the same out of any money in the treasury not-
otherwise appropriated. Said appropriation to be used for the
following purposes : Five thousand dollars for the erection of
a horse barn ; ' three thousand dollars for the purchase of live

296 Chapters 2il, 242. [1911

stock for the farm; iive thousand dollars annually for running
expenses for the ensuing two years; two thousand five hundred
dollars annually for the agricultural extension work for the
ensuing two years; seven hundred and fifty dollars annually for
printing and distributing bulletins of the experiment station for
the ensuing two years; seven thousand dollars for the establish-
ment and maintenance of courses in forestry.

[Approved April 15, 1911.]

CHAPTEE 241.

JOINT RESOLUTION TO REPAY THE TOWN OF WALPQLE FOR MONEY
EXPENDED IN ACQUIRING THE FRANCHISE OF THE TUCKER
TOLL BRIDGE.

Appropriation of $8,000.

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

Appropria- That the sum of eight thousand dollars ($8,000) be and hereby

o $8,0 . -g aj^ppoppia^efi xq repay to the town of Walpole the money ex-
pended to acquire the franchise of the Tucker toll bridge, so
called, in said town.

[Approved April 15, 1911.]

CHAPTER 242.

JOINT RESOLUTION FOR REPAIRING AND MAINTAINING MOUNT
CROTCHET ROAD IN THE TOWN OF FRANCESTOWN.

Appropriation of $100.

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

Appropria- That the sum of 0116 hundred dollars is hereby appropriated

for the improvement and maintenance of the Mount Crotchet
road in the town of Erancestown ; and the governor is authorized

1911] Chapters 243, 2U. 297

to draw his warrant for the same out of any money in the treasury
not otherwise appropriated.

[Approved April 15, 1911.]

CHAPTEE 243.

JOINT KESOLUTION IX FAVOE OF SUNAPEE LAKE.
Annual appropriation of $400.

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

That the sum of four hundred dollars ($400) be and is Hereby J°iatioliT'"**'
appropriated for each of the years 1912 and 1913 for the purpose ?*<w.
of maintaining buoys, flags and beacons, and removing obstruc-
tions to steamboat and naphtha launch navigation and erecting
and maintaining a light house at the entrance to Lakeside in
I^ew London, and it shall be the duty of the agent, appointed
by the governor, by and with the consent of the council, to have
buoys and flags in position and lights burning from June first
to October first during each of said years and perforin such other
duties as the governor and council may direct.

[Approved April 15, 1911.]

CHAPTER 244.

JOIXT RESOLUTION TO PROVIDE FOR THE ERECTION ON THE
BATTLEFIELD OF GETTYSBURG OF A MONUMENT OR MEMORIAL
TO THE FIRST NEW HAMPSHIRE VOLUNTEER LIGHT BATTERY WHO
SERVED IN SAID ACTION.

Appropriation of $1,000.

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

That the sum of one thousand dollars be and hereby is appro- Appropria-
priated for the erection on the battlefield of Gettysburg. Pa., °° "^ * •
of a suitable monument or memorial in honor of the First !N'ew
Hampshire Volunteer Light Batterv; and that the above sum
to include the preparation of a suitable place on which said mon-
ument or memorial shall be erected, and that the above named

298 Chapter 245. [1911

sum be paid upon the approval of the governor and council to
the duly authorized officers or committee of the before mentioned
organization, and the governor is hereby authorized to draw his
warrant for the payment thereof.

[Approved April 15, 1911.]

CHAPTER 245.

JOINT EESOLUTION IN FAVOR OF THE INDIJSTKIAL SCHOOL, AND
PROVIDING FOR ANY DEFICIENCY THAT MAY ARISE IN THE
PAYMENT OF SALARIES AND MAINTENANCE FOR THE YEAR
ENDING AUGUST 31, 1911.

Preamble; appropriation of $10,000.

Preamble. Wheeeas there has been a very large increase in the number

of inmates in said school during the past year not anticipated
when the appropriation was made for the industrial school for
the year ending August 31, 1911, and

Whereas it now appears there will be no decrease in numbers
and to properly maintain said inmates and provide a suitable
number of officers to safeguard them, considering their inadequate
accommodations, and of changes and alterations that should be
made in the present buildings, that the appropriation made for
salaries and maintenance for the year ending August 31, 1911,
will be wholly insufficient; now therefore be it

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

Appropria- That the following sum for the following purpose be and the

' ■ same is hereby appropriated to the industrial school for use to
meet any deficiency that may arise for the year ending August
31, 1911, to wit: For maintenance ten thousand dollars. Said
sum to be expended by the trustees of the industrial school. The
governor is hereby authorized to draw his warrant for the said
sum out of any money in the treasury not otherwise appropriated.

[Approved April 15, 1911.]

1911] CHAPTERy 246, 247. 299

CHAPTEK 246.

JOINT EESOLUTION PROVIDING FOR STATE REPRESENTATION IN
ARRANGING FOR THE OBSERVANCE OF THE FIFTIETH ANNIVER-
SARY OF THE BATTLE OF GETTYSBURG.

Appropriation of $200.

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

That the sum of two hundred dollars be and hereby is appro- Appropria-

11 1 n 1 1 T • r 1 1 tio° o* ?200.

priated to be expended under tlie direction oi the governor ana
council, for the purpose of defraying the expenses of such person
or persons as may be designated to represent the state at the pre-
liminary conference to arrange for the proper observance of the
fiftieth anniversary of the Battle of Gettysburg, 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 15, 1911.]

CHAPTER 247.

JOINT RESOLUTION PROVIDING FOR THE PAYMENT OF THE EX-
PENSES OF A CONVENTION TO REVISE THE CONSTITUTION.

Appropriation of $25,000.

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

That a sum not exceeding twenty-five thousand dollars be and Appropria-
is hereby appropriated to pay the expenses of a convention to tion of $25,000.
revise the constitution ; and the governor is authorized to draw
his warrant for so much of said sum as may be necessary for that
purpose.

[Approved April 15, 1911.]

300 CHAPTiiRs 248, 249. [1911

CHAPTER 248.

JOIXT EESOLUTIOX APPKOPEIATING MOjS'EY FOR THE USE OF
DARTMOUTH COLLEGE.

Annual appropriation of $20,000.

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

a°p°ropria- That ill recognition of the eminent service rendered by Dart-

uon of $20,000. moiitli College in the cause of higher education and for the general
advancement of learning, the sum of twenty thousand dollars
shall be appropriated and paid out of the staj:e 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 educational work. This appropriation shall include ten
scholarships each year for two years for the full prepaid tuition
of $125 per year, at the disposal of the state, to be awarded to
worthy students residents of New Hampshire. For the second
year these scholarships may be awarded to the same or to diiferent
students. The students granted these scholarships shall be ap-
pointed by the governor and council on recommendation of the
president of Dartmouth College and the superintendent of public
instruction, and these students shall be chosen from the different
counties of the state so far as this distribution is found practicable.

[Approved April 15, 1911.]

CHAPTER 249.

JOINT RESOLUTION RELATING TO THE CURRENT EXPENSES OF THE
INDUSTRIAL SCHOOL.

Aggregate appropriations of $100,600 for sundry purposes.

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

Aggregate ap- That the following suius for the following purposes be and
of°|ioo!600°^ the same are hereby appropriated to the industrial school, for use
from August 31, 1911, to September 1, 1912, to wit: For sal-
aries fifteen thousand dollars, for clerical expenses three hundred
dollars, for maintenance thirtv-five thousand dollars, and for use

1911] Chapters 250, 251. 301

from August 31, 1912, to September 1, 1913, for salaries fifteen
thousand dollars, for clerical expenses three hundred dollars, and
for maintenance thirty-five thousand dollars. Said sums to be
expended by the trustees of said industrial school. The governor
is hereby authorized to draw his warrant for the said sums out
of any money in the treasury not otherwise appropriated.

[Approved April 15, 1911.]

CHAPTER 250.

JOINT EESOLUTIOISr IX FAVOR OF THE SETTLEMENT ASSOCIATION
OF NEW HAMPSHIRE.

Appropriation of $5,000.

Resolved hy the Senate and House of Eepi-esentatives in
General Court convened:

That the sum of five thousand ($5000) dollars be, and the Appropria-
same is hereby appropriated for the use of the Settlement Asso-
ciation of ISTew Hampshire to aid said association in carrying into
effect its corporate purpose to provide, maintain, and support a
non-sectarian home or homes for young working women, or women
training for self support who need temporary aid ; and the gov-
ernor is hereby authorized to draw his warrant for the same out
of any money in the treasury not otherwise appropriated.

[Approved April 15, 1911.]

CHAPTER 251.

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 $17,690.30 be paid as follows: That Albert P. Davis, a^|;>^^^'i°|8 to
sergeant-at-arms, be paid $412; that William W. Critchett. ser- sons,
geant-at-arms, be paid $412; that Edgar H. Calvert, messenger,
be paid $360.50 ; that James A. Loughlin, assistant messenger, be
paid $351.50; that Melvin J. Jenkins, doorkeeper, be paid

302 Chapter 251. [1911

$360.50; that Solon S. Wliithed, telephone messenger, be paid
$294 ; that Miss Helen George, stenographer, be paid $404 ; that
Miss Margaret E. Collins, stenographer, be paid $404; that
Howard O. kelson, custodian of mail and supplies, be paid $357;
that Rev. Charles C. Garland, chaplain, be paid $357; that Wal-
ter J. A. Ward, doorkeeper, be paid $357 ; that John F. Bartlett,
doorkeeper, be paid $357; that Oscar D, Beverstock, doorkeeper,
be paid $357; that Charles A. Holden, doorkeeper, be paid
$353.50; that William E. Dow, warden of coat room, be paid
$357 ; that William M. Holman, assistant warden of coat room,
be paid $353.50; that Eugene D. Sanborn, library messenger, be
paid $360.50; that Richard M. O'Dowd, page, be paid $204; that
Clayton T. Waite, page, be paid $204; that Walter B. Wells,
page, be paid $202 ; that Maurice P. Smith, page, be paid $202 ;
that Frank A. Chase, page, be paid $202 ; that Edward J. Hayes,
judiciary stenographer, be paid $404; that Lizzie H. Sanborn,
stenographer, be paid $429 ; that Alma E. I^ilson, stenographer,
be paid $429 ; that Carl P. ^ferriman, page, be paid for travel-
ling expenses, $9.80; that F. E. Xelson Co., for flowers for the
funeral of Representative Smith of Meredith, be paid $10.20:
that John B. Clarke Co., for Daily Mirrors, be paid $444.58 ;
that the Sentinel Publishing Company, for Keene Sentinels, be
paid $5.25 ; that the Patriot Publishing Company, for Daily
Patriots, be paid $177.86; that the Manchester Union Co., for
Daily Unions, be paid $689.42; that the Telegraph Publishing;
Company for Daily Telegraphs, be paid $32.78; that the ^fonitor
& Statesman Co., for the Concord Evening Monitor, be paid
$579.26 ; that George E. Carter, for supplies, be paid $367.08 ;
that W. P. Goodman, for supplies, be paid $19.85; that Melvin
& Fitts, for supplies, be paid $18.10 ; that the Smith Premier
Typewriter Co., for rent of typewriter, be paid $15; that Bent
& Bush Co., for speaker's gavel, be paid $25 ; that the Ideal
Stamp Co., for rubber stamps, be paid $1.25 ; that Alfred T.
Dodge, for diagrams of council chamber, senate chamber and
representatives' hall, be paid $48.44; that James E. French be
paid, for cash paid out for expenses of Lake Winneiiesaukee com-
mittee, $48.62 ; that Mary E. Donovan, stenographer for Lake
Winnepesaukee committee, be paid $175 ; that Jacob F. Dow be
paid $25.42, for expenses in maintaining his right to a seat in
this house ; that Walter L. Jenks <S: Co. be paid for supplies $4.38 ;
that Hawkes (S: Davis be paid for supplies $4.60; that F. W.
Sanborn, for supplies, be paid $37.60 ; that Thompson k Hoag'ue
be paid for two silk flags for house and senate, $70 fH. B. 601) ;
that William H. T^aws be paid for care of judicinrv and ways and
means committee rooms $25 ; that Edwin R. Edgerlv be paid
$404 ; that Frank F. Warren of Northumberland be allowed $50
for attendance as representative for first four weeks of session;
that Martin W. Fitzpatrick, clerk of the senate, and Harrie M.

1911] Chapter 252. 303

Young, clerk of the house, be allowed $200 each, aud that Earl
C. Gordon, assistant clerk of the senate, and Bernard W. Carey,
assistant clerk of the house, each be allowed $100 each; that the
Concord Steam Laundry Company, for laundry work, be paid
$5.90; that Edson C. Eastman, for supplies, be paid $262.84;
that A. H. Britton & Co. be paid for supplies $90.50; that E.
L. Glick be paid for supplies $1.25 ; that Edward J. Hayes be
paid $14.09 for rent of typewriter; that M. E. Clifford & Co.
be paid for repairs $122.98 ; that J. ]\r. Stewart & Sons be paid
for supplies $789.83; that C. IT. Swain & Co., for labor and
supplies for state house, be paid $619; that J. C. Derby Co.,
for vases for senate, be paid $4 ; that Louis D. Brandeis, in con-
nection with the special rate committee, be paid $35 ; that Wil-
liam M. Haggett, in connection with the special rate committee,
be paid .$641.50 ; that Edmund S. Cook, in connection with the ;— -
special rate committee, be paid $1,059.39; that Sherman E. Bur-
roughs, in connection with the special rate committee, be paid
$1,094.94; that Robert Rantoul, in connection with the special
rate committee, be paid $492.59 ; that R. W. Pillsbury be paid for
expenses of L. D. Brandeis, in connection with the special rate
committee, $15.50; that N. C. Xelson & Co., for employees'
badges, be paid $9 ; that Miss Llelen George be paid $25 ; that
Miss Margaret E. Collins be paid $25 : that the Herald Publish-
ing Company be paid $3 ; that the Chronicle and Gazette Pub-
lishing Company be paid $1.50 ; that George J. Foster & Company
be paid $5.

[Approved April 15, 1911.]

CHAPTER 252.

NAMES CHANGED.

Erom January, 1909, to January, 1911, the registers of pro- By probate
bate returned to the secretary of state the following changes of *^°^'"*^-
names by the probate court :

Rockingham county — Cora A. Mills to Cora A. Nudd ; Harold Rockingham.
Fay to Harold White ; Viola F. Andrews to Viola F. Bickford ;
Sadie T^. Bell to Sadie L. Taylor ; Herbert Mow^att to Ralphie
H. Langley; Marion Putney Martin to Marion Haley Martin;
ISTellie G. Gowen to l^ellie G. Ross ; Frederick Sylvester Currier
to Frederick Sylvester Walsh; Myrtie Belle Tilton to ]\Iyrtie
Belle Healey ; Charlotte C. Walsh to Carrie C. Reynolds ; Arthur
A. Young to Arthur A. Tingley ; Evelyn Dorris Prue to Evelyn
Dorris Mutlock ; Geo. Thomas Rann to George Rann Henry;

304

Chapter 252.

[1911

Strafford.

Belknap.

Carroll.

Merrimack.

Xettie B. Sherman to Nettie B. Hunt; Walter E". White to
Walter ]*^. Taylor; Mary F. Mooers to Mary Frances Xorman;
Anna Frances Halloran to Anna Frances Heme; James T.
McLeod to James T. Dimond ; Mary Emma McGunnigle to Mary
Emma Sanborn ; James Dewytte McGunnigle to Roland Melton
Sanborn ; Lena Belle Webb to Lena Belle Davis ; Barbara Case
to Barbara Lilian Manson; Vivian Ruth Palmer to Vivian Ruth
Tucker; Grace T. Kimball to Grace T. Coleman; Susy Gertrude
Berry to Susy Gertrude Perkins ; Gertrude Louise Young to
Gertrude Louise Fogg; Ruth Wall to Ruth Mildred Webster;
Ida M. Hill to Ida M. Blake ; Charlotte Monroe to ITancy Lucille
Preist; Ralph B. Heath to Ralph B. Avery; Grace E. Heath to
Grace E. Avery; Genever Rittenhouse Jaques to David Ritten-
house Jaques ; Evangeline Haynes to Lucille Klenke ; Robert
Lawton Owen to Robert Lawton Owen Braley.

Strafford county— Ida Isadore Davis to Ida Isadore Mills ;
Allen W. Lampher to Allen ]SJ"ewburn Quimby (Adpt) ; George
Bernard Whitehouse to George Foster Beard (Adpt) ; Forest
!N"ewton ISTute to Forest Newton Page (Adpt) ; Verna May
Colbroth to Verna May Willey; Eleanor May Smith to Eleanor
Cloutman (Adpt) ; Eunice Agnes Mathes to Eunice Agnes
Varney; Harold Anderson to Harry Spagnola.

Belknap county — Louis Buffum Martin to Noah Louis Buffum
Martin ; Luella Cammet to Luella Young ; Sylvester M. Smith to
Carl M. Smith ; Simon Grad to Samuel Grad ; Nina M. Clement
to Nina M. Staples; Mabel A. Aldrich to Mabel A. Osgood;
Mary Elizabeth Horton to Dora Elizabeth Lougee ; Noah Louis
Buffum Martin to Louis Buffum Martin.

Carroll county — Alfred Kermit Clough to Alfred Kermit
Davis ; Phebe I. Gay to Phebe I. Philbrick ; John Allen Home
to John Allen Albee ; Dorothy Edith Home to Dorothy Home
Albee ; Francis Roland Keenan to Frank Wescott Home ; Inda
Evelyn Libbey to Inda Evelyn Sawyer; Georgie M. Locke to
Georgie M. Goldsmith; Frederick Ryan to Frederick Stewart;
Lewis Frank Smith to Lewis Frank Abbott ; Ada F. Thurston
to Ada F, Dickson; Hazen Bryant White to Hazen Bryant
Chamberlain ; Percy A. Floyd to Percy A. Thompson.

Merrimack county — Ruth Ellen Wessman to Marion Alberta
W^nnan ; Rcna Blanche Lambert to Marie Rose Lina Allard ;
Gladys Sarah Perley Brown to Gladys Brown Edgerly; Leon
Ward to Leon Ward Flanders : Mary Helen ]\roran to Helen
Mary Brown ; Doris May Miller to Doris May Taylor ; Robert
Maxwell Livingston to Robert Maxwell Livingston Phelps ; Sarah
G. ]\riller to Sarah G. Smart ; Helen Hayes to Helen Cavanaugh ;
Marion Goodwin to Marion Cota ; Florence Edith Stearns to
Florence Edith Philbrick: Florence ]\rathews to Florence Evelyn
Stevens; Elizabeth R. Downin"; to Elizabeth Maud Bartlett;
Mabel Hawes Batcher to l\rabel Hawes Merrill ; George Sylvester

1911]

Chapter 252. ^05

Batcher to George Batcher Merrill; Harry P. Keniston to
Harry Manton Trasher; Florence May Champney to Florence
May Weeks ; Constance Hodgxlon to Constance Hodgdon Paissell ;
Alice Streeter to Alice Howe; Harold Leslie Xewoll to Harold
Leslie Hanson ; Bernice May Smith to Yernage Ethelyn Sanborn ;
John Bontell to John Cantin ; Anna Bell Miller to Annie Bell
Miller Clark ; Violet May Parker to Violet May Chase ; George
B. Jewell to George K. Taylor; Frederick Charles Llarrington
to Xelson Irving Dennis ; John Edward Baker to John Edward
Winslow; Elsie Almira Chandler to Elsie Chandler Thome;
Jennie M. Strang to Jennie M. Ford ; Jeremiah Elmore Franklin
to Jeremiah Edward Franklin; William H. Moses to Henry
Batchelder; Nina M. Wilson to Nina M. Colby; Florence B.
Hyde to Florence B. Brown; Reginald D. Venne to Reginald
D. Livingston ; Saml Niles Allen to Samuel Niles Allen ; William
J. Ra^mor to William J. Wells ; Abbie L. R. Howe to A. Louisa
R. ]\rorrison ; Delia Cooper to Delia Rollins ; Josie M. Brown to
Josephine M. Brown ; Winefred B. Drake to Winifred V. Bailey ;
Grace E. Blanchard to Grace E. Guild ; Ella ^L Clough to Ella
]\r. Howlett.

Hillsborough county — Elizabeth Dorothy Robinson to Eliza- miiBborough.
beth Dorothy Davies ; Nellie Susan Kilcren to Nellie Susan
Poste; Rachel E. Beernaert to Rachel Hauterman ; Warren Lu-
man Sanborn to Luman Warren Sanborn ; Gertrude M. Llardy to
Gertrude M. Davis; Joseph S. Wilensky to Joseph S. Willens;
Frances E. Chase to Frances E. Greene ; Bridget Rochelle to
Beatrice Rochelle ; Hattie Lilliam Cote to Hattie Lillian Dawson ;
Dora M. Tuttle to Dorothy Moore Tuttle ; Emma Whidden to
Emma Schiller; Ruby R. Perkins to Ruby R. Leggett : ^lary
Louisa Hammond to ^larv Tracy Hammond ; ]\Iary E. Stevens
to Mary E. Somerville ; Sophronia M. Hardy to Sophronia M.
Clark ; Irene A, Cody to Irene May Thayer ; Elizabeth McDonald
to Doris Elizabeth Kennedy; Elsie ^L Arbott to Isabelle E.
Boutelle ; Mary Weeks to IMary Gannon ; Viola Hanscom to Viola
Monbleau ; Joseph Eugene Blanchard to Joseph Eugene May-
nard ; Corinna Blanchard to Corrinna Champagne; Arthur
Blanchard to Arthur Dionne ; William Joseph Lessard to William
Joseph Richard; Francis W. Cronin to Francis W. Duffy; Eliza-
beth M. Shannon to Elizabeth M, Soloman ; Marie Annie Roy to
Marie Annie Robilard ; Arthur Roy to Arthur Leclerc ; Lionel
L. Blanchard to Lionel Groulx ; Grace Elizabeth Reber to Grace
Reber Sweeney ; John T, Shea to John T. Campbell ; Thaddeus
Warsaw Locke, Jr. to Leon Ray Carr ; Adelaid Mildred Sargent
to Adelaid Mildred Prescott ; Chester Brown to Chester Bernard
Woodburn ; Hammond R. Elliott to Joseph George Martin ;
Harry Olson to Arthur Stanley Samuel Peterson ; Helen Bea-
trice Ramsey to Loretta Helen Chalker ; Byron Nelson White-
house to Byron Nelson Chalker ; Adeline Scott to Mildred Arline

306

Chapter 252.

[1911

Cheshire.

Sullivan.

Grafton.

Mason; Donald Ellsworth Smith to Donald Ellsworth Smith
Gove; Lillian Margerite Coombs to Lillian Marguerite Maguire;
Esther Toomey to Esther Belanger; Paul Payne Leighton to
Paul Payne Revere ; Sade Ronn to Dora Selina Searles ; Xorman
James Henry to Xorman James Haskell ; Ruth Baxter to Mildred
Prairie ; Georgia Mary Osborne to Georgia Mary Cass ; Frances
W. Duffy to Frances W. Lamore ; John Gray to John Bilodeau ;
Frederick Ernest Arzt to Frederick Ernest Riescher ; John
Quiml)y to Kenneth Mansfield Hurley; Victor Gordon to Nich-
olas D. Mihalopoulas ; Annie Leona Townsend to Annie Burns
L\aich.

Cheshire county — Howard M. Tui)per to Howard M. Moulton ;
Albert W. Tupper to Albert W. Moulton; Minnie M. Pratt to
Minnie M. Prouty ; Elsie Sawyer to Elsie Geneva Gates ; Kath-
erine F. Gane to Katherine Frances Gary ; Augusta Carrie Barter
to Augusta Carrie Robertson ; Frederick Boyea to Frederick
Potter ; Minnie E. Farnsworth to Minnie E. Burt ; Frances
ISJ^eaves Scripture to Frances Xeaves Bolster ; Xellie Mabel Hall
to ISTellie Mabel Bates ; Nina Gertrude Ivimpton to jSTina Gertrude
Spaulding ; George Wallace Pelkey to George Wallace Goodrich ;
Clara B. Pelkey to Clara B. Goodrich ; Melissa J. Pelkey to Me-
lissa J. Goodrich ; Clyde A. Pelkey to Clyde A. Goodrich ; Wallace
Carl Pelkey to Wallace Carl Goodrich ; James B. Pelkey to James
B. Goodrich ; Lucy Elmira Castor to Lucy Elmira Fish ; infant
child of ]May A. Paige adopted, and named Lillian May Labarn;
infant child of Hattie Hunting adopted and named Mabel Helen
Labarn.

Sullivan county — Arthur Edward French to Arthur Willard

Putnam; Reed to Thelma Magdalene Stowell ; Lizzie

Hazel Millbury to Hazel Dell Holbritter ; John D. Morginson to
John D. Gage ; Wendell Gay Purmort to Wendell Phillips Dean ;
Mary J. Dyer to Mary J. George.

Grafton county — Sophy J. Belware to Sophy J. Simino ; Ger-
trude Brown to Bertha G. Goodwin ; Margarette L. Blunt to
Margarette Ij. Brown ; Rose M. Briggs to Rose M. Wheeler ; Ruth
M. Creaden to Ruth M. Kennedy; Bertha H. Dennis to Bertha
L. Hibbard ; Irene Dunne to Irene Lillian St. Cyr ; Laclossie Z.
Follansbee to Flossie Ela Camp ; Errol G. Hoyt to Errol G.
Foote ; Ephraim H. Hodgdon to Ephraim Sam'l Hunt ; Marceline
J. Jackson to Marceline J. Sparks ; Paul Judson to John Paul
Williams; Flovd Kilbv to Flovd Ki]l)y Hunt: Fannie E. Lougee
to Fannie E. Simonds : Dorothy H. Mills to Marguerite Blanche
Judkius; Gertrude McKeo^^^l to Jennie A. B. Hadlev; "Myette
]\rav Purmont to Louise Veronica Banyea ; Helen Elizabeth
Ouintero to Helen Elizabeth Hildreth ; John Ravmond to John
Raymond Hildreth: Charles F. Roueher to Charles F. Rich;
Anna ]\r. Stevens to .\nna ]\r. Grant: ]\raro:ret E. Stevens to
^larffret E. Woo-lward : Gertrude Olive Trommer to Olive

1911] Chapter 252. 307

Uniimiioiid Weltoii; Georgia A. Wilson to Georgia A. Johnson;
Clifton F. White to Clifton F. Hews; Ethel May Watters to
Ethel May Dimick.

Coos county — Caroline Sarah Smith to Caroline Sarah Gilman ; cooa.
Zola Agnes McLain to Zola Agnes Miles; Mamie G. DeShon to
Mamie G. Heath; Franklin L. Oleson to Franklin L. Mortensen;
Shirley Huggins to Shirley Patterson; Mabel Myrtle Hook to
Mabel Myrtle Wilson; Daisy Margaret Dickson to Daisy Mar-
garet MacDuffie; Walter Lawrence Loven to Walter Lawrence
Smith; Ethel V. Bnrlock to Ethel Maye Crafts; Mary Louise

Heath to Mary Louise Berry; Fowler to Marie Rose

Segouin ; Mary Evelyn Mc^amara to Mary Evelyn Hoffman.

From January, 1909, to January, 1911, the registers of pro- By superior
bate returned to the secretary of state the following changes of
names by the superior court in divorce proceedings:

Rockin2:ham countv— Josephine C. Coleman to Josephine C. Rockingham.
Tibbetts;^Mabel S. Ticknor to Mabel Sanford ; Abbie T. Hoxie
to Abbie T. Shaw^ ; Alice M. Dow to Alice M. Fowler ; Mary J.
Carter to Marv J. Burchard ; Bessie M, McGregor to Bessie M.
Littlejohn; Zettie V. Toland to Zettie Villers ; Ruth A. Tuttle
to Ruth A. Severance; Annie S. McT^ane to Annie S. Brown;
Xellie F. Lewis to Xellie F. Xoble ; Mattie A. H. Lowd to Mattie
A. Horner; Annie Mae Bradley to x\nnie Mae Trask ; Xellie C.
Marshall to Xellie C. Eaton; Georgiana St. Cyr to Georgiana
Lestage; 'Edith If. Pratt to Edith IMabel True; Alice M. Braun
to Alice M. Raleigh ; Georgia A. IMeachem to Georgie A. Hoit ;
ISTora E. MacDonald to ISTora E. Burke ; Elizabeth W. Goodwin to
Elizabeth W. Lamson ; Lucy H. Pecunies to Lucy May Howe ;
Ora A, Dexter to Ora A. Haines ; Rachel O. Ingalls to Rachel
O. Gammon.

Strafford county — Gertrude Freeman to Gertrude Hanscom ; Strafford.
Ellen W. Ouindw to Ellen W. Jarvis ; Mabelle F. Witham to
Mabelle F. Libbv: Elizabeth A. Sullivan to Elizabeth A. Boxall :
Georgie H. Huuhes to Georgie H. Poole ; Lulu B. Garland to
Lulu B. Gray; T'rania B. Thurston to Frania B. Leighton.

Belknap countv — Hattie M. MclMichael to Hattie M. Drury ; Beiknap.
Tnntba S. Wel)ber to lantha S. Moulton ; Anna M. Glines to Anna
M. Knowles.

r^irroll countv — Emma Salunier to Emma Bean ; Gertrude K. carroii.
Ri^'l^ardson to Gertrude K. .Torflnn.

]\rerrimack county — Julia A. Sturtevant to Julia A. Tyler ; Merrimack.
H'irviette A. Wheeler to Harriette A. ^Earston ; Verona L. Mon-
telius to Verona I^. Grant; Elizabeth K. Fpton to Elizabeth K.
Watson ; I^aura B, Bean to Laura B. Fitzgerald ; Jennie H. Swift
to Jennie H. Smith ; Lila Thompson French to Lila Thompson ;
Kate A. Haliun to Kate A. Webber ; Kate J. Brown to Kathr\m
C. Morrill ; ' E.lith M. Wells to Edith M. Deoss ; Maude B.

308

Chapter 252.

[1911

Kenney to Maude Lillian Butterfield ; Jennie M. Shampney to
Jennie"^ M. Carter ; Ethel M. Gallagher to Ethel M. Packard ;
Mabel Coron to Mabel Perry; Hattie E. Pennock to Hattie E.
Sweatt ; Mary J. West to ]\Iary J. Brackett ; Eva L. Lord to Eva
L. Scott ; Jennie C. Sanborn to Jennie C. Batchelder ; Alva C.
Spaukling to Alva C. Bo^^nnan ; Ada C. Tozier to Ada C. Pope ;
Dorothy G. Walker to Dorothy Gerry ; IN'ettie V. Battis to Nettie
V. Emmons.

Hillsborough. Hillsborough county — Ida M. Cram to Ida M. Annis ; Jennie
M. McDonnell to Jennie M. Bray ; Ida M. Ash to Ida M. Dickey ;
Rose Marcus to Rose Elf and ; Etta A. Cullen to Etta A. Graf;
Jennie A. Cross to Jennie A. Rogers ; Mary E. Gove to Mary E.
Center ; Eva J. Knowlton to Eva J. Thornton ; Sadie R. Cad-
ergren to Sadie R. Jenkins ; Dora G. Manseau to Dora G. Conlan ;
Elmeria Auger to Elmeria Martel ; Alice Walch to Alice
Shepard; Emily Wolf to Emily Simon; Rose B. Middleby to
Rose B, Marshall ; Mary Louise Gay to Mary Louise Daniels ;
Delia Hawes to Delia Paro ; Mary A. Rich to Mary Arvilla
W^^nan; Hattie A. Sullivan to Hattie A. Davis; Mary B.
Perkins to Mary Bootle ; Margaret A. Kent to Margaret A. Wil-
kinson ; Martha E. Ingram to Martha E. Spaukling ; Eveline
M. Allen to Eveline M. Dudley; Mary Agnes Pierce to Mary
Agnes Cronin; Magnolia A. Russ to Magnolia A. Bessey; Delia
M. Crough to Delia 31. Severance ; Marion M. Tucker to Marion
M. Philbrick; Mary C. Perkins to Mary E. Call; Olive M.
Horton to Olive M. Melanson ; Louise Ruley to Louise Tovette ;
Flora E. Parker to Flora E. Merrill; Hattie Elizabeth Ayers
to Harriet Elizabeth Cooke ; Agnes C. Quimby to Agnes C.
Sargent ; Josephine M. Welch to Josephine M. Lacour ; Anna
A. Konstantin to Anna Alida Xuss ; ^Margaret G. Barrett to
Margaret G. Gordon ; Helen I. Quimby to Helen I. Ellsworth ;
Eugenie Charette to Eugenie Villeneuve ; M. Etta Wheeler to
]\I. Etta Lockwood ; Cora B. Watson to Cora B. Currier ; Mary
Heroux to Mary IMartel.

Sullivan. Sullivan county — Lillian I. Maxfield to Lillian I. Brown ;

IMary J. Brassaw to Mary J. Goodhue ; Blanch S. Sessions to
Blanche S. Lathroi") ; Addie R. Stowell to Addie R. Page; Mary
F. Moore to Mary Fountain ; Emma I. Gibson to Emma I.
French ; Grace MeCasco to Grace J. Judkins ; Cora M. Elling-
wood to Cora M. LIumphrey.

Grafton. Grafton county — Orn Rebecca Dodge to Ora Rebecca Smith ;

Edna A. Porter to Edna A. Bradford ; Emma B. Magoun to
Emma B. Smart; Rose L. Wright to Rose L. ]\rorse ; L. Mae
Wilkie to L. Mae Delworth : Lena A. Belding to Lena A. Goss;
Eva A. Colburn to Eva A. Collins: Alice M. Duval to Alice M.
Smith; Elsie 'M. Harris to Elsie M. Badey; Gertrude R. Day
to Gertrude R. Woods; TvTellie "Xute Aldrich to Xellie Frances
iN'ute; Bertha D. DuRenfret to Bertha B. Eastman; Lillian K

1911] Chapter 252. 309

Baker to Lillian ]Sr. LeMay; Louise C. Robertson to Louise
Cummings ; Maude E. Cameron to Maude E. Johnson ; Faustina
B. Howard to Faustina B. Avery.

Coos county — Florence E. Fearon to Florence E. Ecclcss ; coos. i

Thyra B. Joy to Thyra B. Griffith; Alice S. Hartley to Alice
Sargent; Hannah A. Hunt to Hannah A. Simonds; Blanche A.
Pale to Blanche Archer.

PRIVATE ACTS.

CHAPTER 253.

AX ACT TO AMEXD SECTION 4 OF CHAPTER 162 OF THE LAWS OF
1895, ENTITLED "aN ACT IN AMENDMENT OF THE CHARTER
OF THE CITY OF PORTSMOUTH CREATING A BOARD OF POLICE
COMMISSIONERS FOR SAID CITY."

Section i Section

1. Police force, how constituted; tenure 2. Takes effect on passage,

of office, salaries, etc. |

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

Police force, Section 1. Sectioii 4 of chapter 162 of the Laws of 1895.

DOW CODSti- '

tuted; tenure entitled "All Act ill Amendment of the Charter of the Citv of
ries°, etc! ^^'^' Portsiiiouth Creating a Board of Police Commissioners for said
City," is hereby amended by striking out from line six the words
"who shall not" and inserting in place thereof the words, none
of whom except the city marshal shall, so that said section as
amended shall read as follows : Sect. 4. The police force of
said city shall consist of a city marshal, assistant city marshal,
captain of the night watch, and police officers and constables
not to exceed twenty in number, who shall devote such time as
may be required by the commissioners to the performance of
the duties of their office, and none of whom except the city
marshal shall be engaged in any other business or occupation,
or hold any state, county, or municipal office, except as aforesaid,
during their continuance in office ; and they shall be appointed
by the police commissioners, and they shall severally serve in
said office during good behavior and while competent to discharge
the duties of said office. The board shall, as soon as may be
after its organization, appoint special police officers not exceeding
eighty in number, who shall perforin such service as may be
required of them ])y the commissioners, and who shall have, when
on duty, all the powers of police officers and constables, except
as to the service of civil ]-»rocess. When on dutv they shall be
paid the same sum as is hereinafter provided to be paid to a
regular police officer and constable. The police commissioners

310

1911]

Chapter 254.

311

shall have the right to remove any officer at any time, for just
cause and after due hearing, which cause shall be specified in
the order of removal. The compensation of each police officer
and constable shall be two dollars and fifty cents per day, when
actually on duty; of the captain of the night watch, two dollars
and fifty cents per day when actually on duty; of the assistant
city marshal, two dollars and fifty cents per day when actually
on duty; and of the city marshal, one thousand dollars per year;
— all of the above salaries, including those of the commissioners
and the necessary expenses of the commissioners, to be paid
monthly by said city of Portsmouth, and to be in full of all fees
in criminal cases except those paid by the county. The city
marshal, assistant city marshal, captain of the night watch, and
each constable and police officer shall have within his precinct
all the powers and authority of a constable and police officer
under the law of the state. '"''■ ?"i^

SEGl'.-v2:"'iThis act shall take effect upon its passage.

Takes effect
on passage.

[Approved January 18, 1911.]

^irit rft!

CHAPTEE 25^4:^f5

AN" ACT KELATIXG TO A SOLDIERS AXD SAILOES
THE TOWA" OF LITTLETON.

MONUMENT IN

Section

1. Prior action legalized.

2. Appropriation authorized.

3. Location, how changed.

SECTION'

4. Takes effect on passage.

5. Repealing clause.

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

Section 1. All the ,acts, votes and transactions of the town prior action
of Littleton at a tow^n meeting held therein on Saturday the thirty- legalized.
first day of December last at two o'clock p. m. relating to a
soldiers' and sailors' monument, the gift of Geo. H. Tilton to be
erected upon a site designated by the donor and forever main-
tained by said town, are hereby ratified, confirmed, and made
valid.

Sect. 2. The State of Xew Hampshire hereby expressly gives Appropria-
consent to the appropriation by said town of that part of the state lzed.^"'^°^"
highway in the village of Littleton to, be the perpetual site ,of the
soldiers' monument mentioned in the .aforesaid votes of said town,
and hereby authorizes the discontinuance as a highway of that
part of said highway which has been designated as the site of said
monument.

312

Chapter 255.

[1911

Location, how

changed.

Takes effect
on passage.
Repealing
clause.

Sect. 3. The selectmen of the town by agreement of the
donor of the monument in writing, signed by both of said parties
and filed in the town-clerk's offce may alter the site of said mon-
ument so that the center of the proposed circular plot on which
the monument is to be placed shall be at some other point than
the one now designated for it, but the plot as changed shall be
distant from the plot as now located and surveyed not more than
ten feet, reckoning the distance from the center of the plot as
first designated and located to the center of the changed location,
— provided that the change authorized by this section shall not
be made after the preparation of the ground for the erection of
the monument shall have been begun and provided the change of
location which they propose shall be shown by a plan and sur-
veyed, all of which shall be placed on the town records. In case
a change in the location of the site of said monument shall be
made under the provisions of this section, that part of the high-
way which may be occupied by such altered location without a
vote of discontinuance by the town is hereby discontinued as a
public highway and such altered plot or site of said monument
shall be forever set apart and maintained by said town as the
site of said monument.

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

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

[Approved January 25, 1911.]

CHAPTER 255.

AN ACT IN amendment OF CHAPTER 263, LAWS OF 1S95, TO
CHANGE THE NAME OF THE PORTSMOUTH COTTAGE HOSPITAL.

Section
1. Name changed.

Section
2. Takes effect on passage.

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

Name
changed.

Takes effect
on passage.

Section 1. That the name of the corporation created by said
chapter under the name of the Portsmouth Cottage Hospital be,
and hereby is, changed to Portsmouth Hospital.

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

[Approved February 2, 1911.]

1911]

Chapter 256.

318

CHAPTER 256.

AN ACT TO ENLARGE THE POWEES OF THE SCHOOL COMMITTEE
OF THE CITY OF MANCHESTER IN RESPECT TO PHYSICAL
EDUCATION.

Section

1. May conduct physical training, etc.

2. Use of city lands and buildings.

Section

3. Appropriations, how made.

4. Repealing clause; act takes effect

on passage.

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

Section 1. The school committee of the city of Manchester. May conduct
within the limit of the appropriations for such purposes made ^J^^SnU etc
by it as hereinafter authorized or under existing authority of
law, shall, during the summer vacation and such other part of
the year as it may deem advisable, organize and conduct physical
training and exercises, athletic sports, games, and play, and shall
provide proper apparatus, equipment and facilities for the same
in the buildings, yards and playgrounds under the control of said
committee, or upon any other land which it may have the right
to use for this purpose.

Sect. 2. The said committee shall use for the purposes afore- use of city
said such of the playgrounds, gymnasia or buildings under the Jfuifdhig^s.
control of the lands and buildings committee of the board of
mayor and aldermen and street and park commissioners of said
city as the school committee may deem suitable therefor, and may
equip the same therefor, such use to be subject however, to such
reasonable regulations and conditions as the lands and buildings
committee of the board of mayor and aldermen and street and park
commissioners of said city may provide.

Sect. 3. Appropriations for the above named purposes shall u^Ps°how
be made by the common council in the same manner in which ™^e.
it makes appropriations for the support of the public schools.

Sect. 4. 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 Febmarv 2, 1011.]

314 Chapter 257. [lyii

CHAPTER 257.

Alf ACT TO AMEND SECTION 4 OF CHAPTER 162 OF THE LAWS OF
1895 AS AMENDED BY AN ACT ENACTED AT THE SESSION OF 1911
ENTITLED^ "aN ACT TO AMEND SECTION 4 OF CHAPTER 162 OF
THE LAWS OF 1895 ENTITLED 'aN ACT IN AMENDMENT OF THE
CHARTER OF THE CITY OF PORTSMOUTH CREATING A BOARD OF
POLICE COMMISSIONERS FOR SAID CITY.' ""

Section | Section

1. Compensation of police force. ' 2. Takes effect on passage.

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

compenBation Section 1. Sectioii 4 of chapter 162 of the session Laws of
force. 1.^95, as amended, is hereby amended by striking out the words

^'two dollars and fifty cents" where they appear after the words
"•The compensation of each police officer and constable shall be,"
and inserting in place thereof the words two dollars and seventy-
five cents, and further amend said section by striking out the
words "two dollars and fifty cents per day when actually on duty"
where they appear after the words "of the captain of the night
watch," and inserting in the place thereof the words ten hundred
and fifty dollars per year, and further amend said section • by
striking out the words "two dollars and fifty cents per day when
actually on duty" where they appear after the words "of the
assistant city marshal," and inserting in place thereof the words
eleven hundred dollars per year, and further amend said section
by striking out the words "one thousand dollars" where they
appear after the words "of the city marshal," and inserting
in place thereof the words twelve hundred dollars, and further
amend said section by adding at the end thereof the words The
city marshal, assistant city marshal, captain of the night watch,
and each constable and police officer shall be allowed, in each
year, fourteen days' vacation with pay. If any member of the
police department as aforesaid resigns, or is dismissed from office,
any claims for vacation shall become forfeited, so that said section
as amended shall read as follows : — Sect. 4. The police force of
said city shall consist of a city marshal, assistant city marshal,
captain of the night watch, and police officers and constables not to
exceed twenty in number, who shall devote such time as may be
required by the commissioners to the performance of the duties
of their office, and none of whom except the city marshal shall
be engaged in any other business or occupation, or hold any state,
county, or municipal office, except as aforesaid, during their con-
tinuance in office ; and they shall be appointed by the police com-
missioners, and they shall severally serve in said office during

19 11 J Chapter 268. 315

good behavior and while competent to discharge the duties of
said oihce. The board shall, as soon as may be after its organiza-
tion, appoint special police otiicers not exceeding eighty in
number, who shall perform such service as may be required of
them by the commissioners, who shall have, when on duty, all
the powers of police officers and constables, except as to the service
of civil process. When on duty they shall be paid the same
sum as is hereinafter provided to be paid to a regular police
officer and constable. The police commissioners shall have the
right to remove any officer at any time, for just cause and after
due hearing, which cause shall be specified in the order of removal.
The compensation of each police officer and constable shall be
tw^o dollars and seventy-five cents per day, when actually on duty ;
of the captain of the night watch, ten hundred and fifty dollars
per year; of the assistant city marshal, eleven hundred dollars
per year; and of the city marshal, twelve hundred dollars per
year; all of the above salaries, including those of the commis-
sioners and the necessary expenses of the commissioners, to be
paid monthly by said City of Portsmouth, and to be in full of
all fees in criminal cases except those paid by the county. The
city marshal, assistant city marshal, captain of the night watch,
and each constable and police officer shall have within his precinct
all the powers and authority of a constable and police officer under
the laws of the state. The city marshal, assistant city marshal,
captain of the night watch, and each constable and police officer
shall be allowed, in each year, fourteen days' vacation with pay.
If any member of the police department as aforesaid resigns, or
is dismissed from office, any claims for vacation shall become
forfeited.

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

^ on passage.

[Approved February 1, 1911.]

CHAPTER 258. ,

AN ACT ATJTHOEIZI]vrG THE TOWN OF MILFOKD TO ACCEPT A LEGACY
UNDER THE WILL OF THE LATE MAET A. LULL.

Section

1. Authority granted.

2. May choose trustees for property.

Section

3. May purchase adjoining property.

4. Takes effect on passage.

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

Section 1. The town of Milford. being one of the legatees Authority
named in the will of Mary A. Lull, late of said Milford, deceased, ^'■^°*^"^"

316

Chapteh 259.

[1911

May choose
trustees.

May purchase

adjoining

property.

Takes effect
on passage.

wherein certain jDroperty is bequeathed to said town for public
and charitable purposes, is hereby authorized and empowered to
accept the real estate and personal property described in said
will, to have and to hold the same for the uses and purposes
therein set forth.

Sect. 2. Said town may choose such trustees or agents as
it may deem necessary for the care and custody of said property,
and make such rules and regulations for the management and
control thereof as may from time to time be required.

Sect. 3. Said town is further authorized and empowered to
acquire by purchase or accept as a gift any real estate adjoining
the tract described in said will and to hold and use the same in
connection therewith.

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

[Approved February 8, 1911.]

CHAPTER 259.

AN ACT TO AUTHORIZE THE TOWN OF BENTON TO PURCHASE AND
HOLD IN TRUST CERTAIN REAL ESTATE.

Section
1. Authority granted.

Section
2. Takes effect on passage.

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

Authority
granted.

Section 1. Elvah G. Mann, late of Concord, deceased, by
her will, dated April 30, 1898, directed that, on the sale of her
real estate, in Concord, the avails thereof should be invested and
the securities purchased therewith turned over to the town of
Benton, to be held by it, as a trust fund, for the purposes specified
in said will. Said Benton is hereby authorized, on the sale of
said property, either at private, or public, sale, by the executor,
to purchase the same and give for the price thereof its promissory
note, pending the sale of said real estate, by it, or in its behalf.
The title to said real estate, in behalf of said town, to be held
by trustees, to be , appointed by the probate court of Grafton
county, upon the petition of the selectmen of said town. Said
trustees may receive, from the executor of said will, conveyance
of said real estate, and hold, manage and dispose of the same,
when, in their judgment, it is for the best interest of the trust
fund to be created thereby, and when authorized by said court
of probate. Upon the sale of said real estate, said trustees shall

1911] Chapters 260, 261. 317

invest the avails thereof, in securities approved by said probate
court, and the net income therefrom shall be used for the pur-
poses designated in said will.

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

on passage.

[Approved February 8, 1911.]

CHAPTER 260.

AN ACT TO LEGALIZE THE ADJOURNED TOWN MEETING OF THE
TOWN OF CHATHA:M, held NOV. 12, 1910.

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. That all acts and proceedings of the adjourned ^,f®*^°^ ^®^"
town meeting of the town of Chatham held ^ov. 12, 1910, are
hereby declared legal, and all elections made at such meeting are
hereby ratified.

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

[Approved February 8, 1911.]

CHAPTER 261.

AN ACT TO legalize THE ANNUAL MEETING OF THE TOWN OF
GROTON, HELD MARCH 8, 1910.

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. That the annual meeting of the town of Groton, Meeting leg-
held March 8, 1910, and all votes and proceedings at said meeting^
be and the same are hereby legalized, ratified and confirmed.

Sect. 2. This act shall take effect upon its passage. In'^pLlS?

[Approved February 8, 1911.]

318

Chaptehs 262, 263.

[1911

CHAPTEK 262.

AN ACT TO AMEND SECTION 2 OF CHAPTER 3060 OF THE LAWS OF
1864 ENTITLED "aN ACT TO INCOKPORATE THE NEW HAMPSHIRE
UNIVERSALIST STATE CONVENTION.'"

Section
1. Charter amended.

Section
2. Takes effect on passage.

Charter
amended.

Takes effect
on passage.

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

Section 1. That section 2 of chapter 3060 of the Laws of
1864 be amended by striking out the word "ten" in the fourth
line thereof and inserting in the place thereof the words one
hundred so that said section as amended shall read as follows, —
Sect. 2. Said corporation may receive and hold all such real
estate and personal estate as may be conveyed to them by gift,
devise, bequest, donation or otherwise for the purposes of said
corporation, not exceeding in the whole at any one time the
amount of one hundred thousand dollars, and the same may
manage, improve, sell, convey, or otherwise dispose of as may
be necessary and convenient in promoting the purposes and in-
terests of the corporation.

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

[Approved February 9, 1911.]

CHAPTEE 263.

AN ACT IN AMENDMENT OF CHAPTER 236 OF THE LAWS OF 1901,
ENTITLED ''aN ACT TO INCORPORATE THE PEERLESS CASUALTY
COMPANY.'''

Section

1. Charter amended.

2. Increase of capital stock.

Section
3. Takes effect on passage.

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

Charter
amended.

Section 1. Chapter 236 of the Laws of 1901, as amended
by chapter 229 of the Laws of 1905 and as further amended
by chapter 325 of the Laws of 1909, is hereby amended by
inserting after the words "caused by sickness" in the ninth line
of section 1, the following: and for the purpose of issuing and
becoming surety upon official, indemnity and other bonds ; so

1911] Chapter 264. 319

that said section shall read as follows: Section 1. Calvin B.
Perry, C. J. Woodward, Walter E. Porter, John E. Allen, Walter
G. Perry, and all other persons who are and who shall continue
to be residents of New Hampshire and may hereafter become
members in the manner hereafter described, are hereby constituted
a corporation by the name of the Peerless Casualty Company,
for the purpose of insuring any person against bodily injury,
disablement, or death resulting from accident, and providing
benefits for disability caused by sickness ; and for the purpose
of issuing and becoming surety upon official, indemnity and othei
bonds ; and by said name they may sue and be sued, plead and
be impleaded, have a common seal and the same alter at pleasure,
and may enjoy all the other rights and powers incident to such
corporations.

Sect. 2. That section 4 of chapter 236 of the Laws of 1901 increase of

1 • T • 1 r^r>r^ C 1 T f • Capital StOCk.

and its amendment m chapter 229 oi the Laws oi 1905 is
amended by striking out said section and inserting in place there-
of the follo\ving: Sect. 4. Said corporation is hereby author-
ized and empowered to increase its capital stock to an amount
not exceeding three hundred thousand dollars. Such increase
may be made by said corporation in such sums from time to time
as said corporation may vote but said corporation shall not issue
or become surety upon any official, indemnity or other bond or
obligation until its paid-up capital stock shall equal or exceed
the sum of two hundred thousand dollars.

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

J^ ~ on passage.

[Approved February 9, 1911.]

CHAPTEPt 264.

AN ACT TO INCOEPOKATE CERCLE STE. MARIE, DE l' ASSOCIATION
• CATHOLIQUE DE LA JEFNESSE FEANCO-AMEEICAINE.

Section

1. Corporation constituted.

2. Power to hold property.

Section
3. First meeting.

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

Section 1. That Charles Miville, Cyrias Berube, Elphege corporation
Guilbert. Antcinio Guilbert, F. J. Houlne, Arthur Rheault, ^\j.. '^"'^^ ' " ^ •
thur Hebert, Rene Corneau, W. D. Hebert, Eodolphe Duval,
Arthur Gagne, P. E. Hebert, and their associate members of said
cercle, and their successors in said membership, be and they are

320

Chaptek 265.

[1911

Power to hold
property.

First meet-
ing.

hereby made and constituted a body politic and corporate, for
social and educational purposes, and be known by the name of
Cercle Ste. Marie de 1' Association Catholique de la Jeunesse
Franco-Americaine.

Sect. 2. Said corporation may purchase, acquire, take and
hold by deed, gift, devise, bequest, or otherwise, real and personal
estate to an amount not exceeding fifty thousand dollars in value,
and may improve, sell and convey or otherwise dispose of the
same at pleasure. It shall have all the powers, rights and duties
of similar corporations formed for said purposes, and shall have
the power to make such by-laws and regulations, not inconsistent
with the laws of this state, as the president and members shall
see fit to institute.

Sect. 3. The president shall call a meeting of said cercle
in the same manner and at the same time as the meetings of said
cercle have been heretofore called, to take action upon the accept-
ance of this act, and upon a vote of a majority of the members
of said cercle present and voting, said cercle shall thereby become
merged in this corporation ; such meeting shall be the first meeting
of this corporation, and at such meeting the necessary and usual
officers shall be chosen.

[Approved February 16, 1911.]

CHAPTEK 265.

AlSr ACT RELATING TO A SPEIXKLINO DISTRICT IIST THE CITY OF

ROCHESTER.

Section

1. Sprinkling precincts authorized.

2. Existing district abolished.

Section

3. City may share expense.

4. Takes effect when adopted.

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

Sprinkling

precincts

authorized.

Section 1. The city council of said city of Rochester are
hereby fully empowered and authorized by ordinance to establish
from time to time within the limits of said city such number of
precincts as they shall deem necessary for the public convenience
and to fix the boundaries thereof, and the same to enlarge, modify,
and alter as the public interests may require, and within any
precinct so established the mayor and city council of said city
may cause the streets to be sprinkled with water as they deem
necessary for the public convenience or to preserve the health of

1911] Chapter 266. 321

the inhabitants of said city, and the expense of so sprinkling
said streets shall be derived from a tax upon the polls, personal,
and real estate situate within said precinct to be assessed and
collected in the same way and manner as is now by law provided
for assessing and collecting taxes within said city.

Sect. 2. The water sprinkling district now existing in said f^cf atfoi-*^'^'
city, which has not been carried into effect, is hereby abolished. ^^'^^'^•

Sect. 3. The City of Rochester may pay a proportionate city may
part of the expense of sprinkling said precincts when established pense.
as they may deem advisable not exceeding one-third part thereof.

Sect. 4. This act shall take effect when adopted by the city !Jhen%^Sted.
council of said City of Rochester.

[Approved February 16, 1911.]

CHAPTER 266.

AN ACT TO LEGALIZE THE ANNUAL TOWN MEETING OF THE TOWN
OF LYME HELD MARCH 8, 1910.

Section I Section

1. Meeting legalized. I 2. Takes effect on passage.

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

Section 1. That all acts and proceedings of the annual town Meeting leg-
meeting of the town of Lyme held March 8, 1910 are hereby ^
declared legal, and all elections made at that meeting are hereby
ratified.

Sect. 2. This act shall take effect upon its passage. In^pLsage*^

[Approved February 16, 1911.]

322

Chapter 267.

[19 J 1

CHAPTER 267.

AN ACT TO INCORPORATE LODGE NO. 110^ LOYAL ORDER OF MOOSE,

OF NASHUA^ N. H.

Section

1. Corporation constituted.

2. By-laws.

. ,3.1, Power to hold property.

Section r,„c„-f tr-

4. First meeting.

5. Takes effect on passage.

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

Corporation
constituted.

By-laws.

Power to hold
property.

First meet-
ing.

Takes effect
on passage.

Section 1. That Frank E. Burgess, Ezra Avard, Edward
Clark. Thomas Mulvanity, Michael Sullivan, George Clark,
Arthur Thereault, Frank Landry, their associates and successors.
be and hereby are made a body politic and corporate by name
of Lodge 'No. 110, Loyal Order of Moose, of Xashua, for char-
itable 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 liabilities of
corporations of a similar nature.

Sect. 2. Said corporation may enact by laws providing for
the payment of weekly Ijenefits to those of its members who may
become sick and for payment of funeral expenses of those of its
members wbo may die.

Sec^,, ,3, . , Said corporation shall have power to hold real and
personal estate by gift, bequest or othenvise, to the amount not
exceeding twenty-five thousand dollars, and may dispose of the
same a.t pjeasu,re. , , , ., ■

'Sect. 4. i-The first three persons named in this act may call
the. first meeting of said corporation by giving notice to each of
the others at least two days before the date of said meeting. ,

Sect. 5, Thig act shall take effect upon its passage; /..i-;

[ApiH-oved February 16, 1911.]

•rRr"f,

1911] Chapters 268, 269. 323

CHAPTER 268.

AN ACT IX KELATION TO EXEMPTING THE PROPERTY OF THE
PROPOSED BALCH HOSPITAL OF MANCHESTER FROM TAXATION.

Section i Section

1. Property exempted. I 2. Takes effect oa passage.

Be it oiacted Inj the Senate and House of Representatives in
General Court convened:

Section 1. As the proposed Balch Hospital to be located in Property ex-
Manchester will be a charitable institution and all property now ^^p*^® •
held by trustees for said hospital will be used for the charitable
purposes of said hospital, without profit to any person, all property
now held or hereafter acquired by said trustees and by said Balch
Hospital for the purposes aforesaid, shall be exempt from taxation.

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

^ ^ on passage.

[Approved February 16, 1911.]

01 ID 8WAJ srij i

r TTi TO^iiaaai
--• '^"^'"^^gg'^PTER 269.

AN ACT TO LEGALIZE THE VOTES AND PROCEEDINGS OF THE TOWN
OF STODDARD AT THE BIENNIAL ELECTION HELD NOVEMBER
8, 1910. cv , •

Section i Section

1. Election legalized. I 2. Takes effect on passage.

B'6v4t- enacted' by: the Senate and House of ■ Reptesentfltives in
' /Gr^neraliiCM'kirt ,cofi(iiem4,U ,y/ yiij <y;

Section 1. That the biennial election in town of Stoddard Election
held lipvember. 8,, 19,10, and all votes and proceedings at said ^^^^"^^^•
meeting, be and tbe sajne are .hereby legalized, ratifi^ed and con-
firmed.

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

^ on passage."

[Approved February 22, 1911.]

324

Chapters 270, 271.

[1911

CHAPTER 270.

AN ACT TO LEGALIZE A VOTE TAKEN AT THE ELECTION IN THE
CITY OF KEENE ON THE SECOND TUESDAY OF DECEMBER^ 1910.

Vote legal-
ized.

Section l. Vote legalized.

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

Section 1. The vote taken at the election in the city of Keene
on the second Tuesday of December. 1910, to adopt chapter 93
of the Laws of 1905 in said city is hereby legalized, ratified and
confirmed.

[Approved February 22, 1911.]

CHAPTER 271.

AN ACT TO AMEND CHAPTER 293 OF THE LAWS OF 1909 GRANTING
THE NEW HAMPTON VILLAGE FIRE PRECINCT IN THE TOWN OF
NEW HAMPTON THE RIGHT TO CONSTRUCT AND OWN WATER
WORKS.

Additional
loan author-
ized.

Takes effect
on passage.

Section
1. Additional loan authorized.

Section
2. Takes effect on passage.

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

Section 1. The water commissioners of the Xew Hampton
Village Fire Precinct in the town of New Hampton are hereby
authorized to hire the sum of two thousand dollars in addition
to the ten thousand dollars already authorized to be hired, for the
purpose of papng the additional cost of said water works, and
may issue the note or bonds of said fire precinct for said sum
of two thousand dollars, or any part of the same, and said indebt-
edness shall be a binding obligation on said precinct.

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

[Approved February 22, 1911.]

1911] Chapters 272, 273. 325

CHAPTER 272.

AN ACT IN AMENDMENT OF AN ACT, ENTITLED "aN ACT TO

incorporate the baptist convention of the state of new
Hampshire/'' passed june 24, 1826, amended june 29, 1860,
amended february 23, 1897, amended february 20, 1901.

Section I Section

1. Power to hold property. 2. Repealing clause; act takes effect on

I passage.

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

Section 1. Amend section 2 of said act by striking out all oi^o'^^r to hold
said section and inserting in place thereof the following: Sect.
2. Be it further enacted that the said corporation shall have
power to receive and hold all donations, subscriptions and legacies
in real and personal estate to an amount not exceeding three
hundred thousand dollars, and to use and improve the same for
the purpose of promoting religious and missionary work in ISTew
Hampshire and any religious charities in IsTew Hampshire which
it may deem proper and not otherwise, and the same may sell
and dispose of at pleasure.

Sect. 2. All acts and parts of acts inconsistent with this act ^|^||l*°a^ct
are hereby repealed and this act shall take effect upon its passage, takes effect

on p3iSs&S6*

[Approved February 22, 1911.]

CHAPTER 273.

AN ACT IN AMENDMENT OF CHAPTER l74 OF THE LAWS OF 1907.
ENTITLED "aN ACT AUTHORIZING THE FIRST METHODIST EPIS-
COPAL CHURCH OF ROCHESTER, N. H., TO ESTABLISH AN ENDOW-
MENT FUND.''"'

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

Section i Section

1. Endowment fund of $15,000. ' 2. Takes effect on passage.

Section 1 . Amend section 1 of said act by striking out the fjjf^ of*^"'
word "twenty" in the third line thereof and inserting the word Jis.ooo.
fifteen so that said section as amended shall read as follows:
Section 1. The First Methodist Episcopal church of Rochester.
]Sr. H., is herebv authorized to establish and maintain an endow-
ment fund of fifteen thousand dollars, to be known as the Solomon

326

Chapter 274.

91L

Takes effect
on passage.

Evans endowment fund, the annual income from said fund to be
used by said churcli for church purposes.

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

[Approved February 22, 1911.]

CHAPTER 274.

AN ACT TO AUTHOEIZE UNION SCHOOL DISTRICT NUMBER ONE IN
LANCASTER TO ISSUE ]S10TES OR BONDS FOR SCHOOL PURPOSES.

Section
1. Authority granted.

l' Section

I 2. Takes effect on passage.

Authority
granted.

Takes effect
on passage.

Be it enacted hy the Senate and House of B^epresentatives in-
General Court convened:

Section 1. Union School District Xumber One, in the town
of Lancaster, for the purpose of raising money to defray the
expense of erecting and building a new school house to accom-
modate its high school and a portion of the graded schools and
properly equipping said building, may issue negotiable notes or
bonds of the district to an amount not to exceed sixty thousand
dollars in the aggregate. The vote to issue such notes or bonds
shall be taken by a two-thirds vote of those present and voting
at any annual or special meeting of said district called for that
purpose, and said notes or bonds, when owned by residents of
said town of Lancaster, shall be exempt from taxation. Said
notes or bonds shall be due and payable not more than forty years
from their date of issue, and shall bear interest at a rate not to
exceed four per centum per annum. They shall be signed by the
school board of said district, or by a majority thereof, and counter-
signed by the treasurer of said district, and they shall have the
seal of the district affixed thereto. All bonds issued by virtue
of this act and signed and sealed as herein provided shall, in
favor of bona fide holders, be conclusively presumed to have
been duly and regularly authorized and issued in accordance
with the provisions herein contained, and no such holder shall
be obliged to see to the existence of the purpose of the issue, or
to the regularity of any of the proceedings by virtue of which said
notes or bonds are issued, or to the application of the proceeds of
such issue.

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

[Approved February 22, ]9]1.1

1911] Chapters 275, 276. 327

CHAPTER 275.

AjST act to AMEXD the ClIAKTER OF THE CONCORD^ DOVER &
ROCHESTER STREET RAILWAY.

Section , Section

1. Time for building extended. 1 2. Takes effect on passage.

Be if enacted by the Senate and House of Representatives in
Generat Court convened:

Section 1. The time fixed in the charter of the Concord, Time for
Dover & Rochester Street Railway, approved March 31, 1903, tended.
chapter 310, LaAvs of 1903, in which to build its road, is hereby
extended to March 31, 1913, and said corporation shall have such
additional time in which to construct its road.

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

^ i- '^ on passage.

[Approved February 22, 1911.]

CHAPTER 276.

AN ACT TO AMEXD AXD EXTEXD THE CHARTER OF THE KEENE
ELECTRIC RAILWAY COMPANY.

Section i Section

1. Time for building extended. I 2. Takes effect on passage.

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

Section 1. The time fixed in the '"act to amend and extend Time for
the charter of the Keene Electric Railway Com])any." approve<l |'e"nded!^ ^^'
February 17, 1909, in w^hich to build its road, is hereby extended
to March 31, 1913, 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 22, 1911.]

328

Chapteks 277, 278.

[1911

CHAPTER 277.

AN ACT TO AMEXD THE CHAKTEE OF THE NASHUA & HOLEIS
ELECTEIC EAILEOAD COMPANY^ AND EXTENDING THE TIME FOE
THE COMPLETION OF THE EOAD.

Time for
building ex-
tended.

Takes effect
on passage.

Section
1. Time for building 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 fixed in the charter of the Nashua &
Hollis Electric Railroad Company, approved February 28, 1907,
is hereby extended to ]\rarch 25, 1913, and said corporation shall
have such additional time in which to build its road.

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

[Approved February 22, 1911.]

CHAPTER 278.

AN ACT TO EXTEND THE CHAETEE FOE THE BUILDING OF THE
NEWPOET & SUNAPEE EAILWAY.

Section
1. Time for building extended.

Section
2. Takes effect ou passage.

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

Time for SECTION 1. All act incorporating the Xewport k vSunapee

te^nded!^ "" Railway and Development Company, approved April 2, 1907,
and amended by an act approved February 9, 1909, is hereby
so far amended, that the time for building said road is extended
for the term of two years from and after the second day of
April, 1911.
Takes effect Sect. 2. This act shall take effect upon its passage.

on passage.

[Approved February 22, 1911.]

1911] Chapters 279, 280. 329

CHAPTEK 279.

AN ACT TO EXTEND THE CHAETER OF THE MEREDITH & OSSIPEE
VALLEY RAILROAD COMPANY.

Section > Section

1. Time for building extended. | 2. Takes effect on passage.

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

Section 1. The charter of the Meredith & Ossipee Valley Time for
Railroad Company approved March 25, 1903, as amended by SS^ '"^'
chapter 183 of the Laws of 1905, chapter 217 of the Laws of
1907, and chapter 219 of the Laws of 1909, extending the period
within which said railroad shall be completed to March 25, 1911,
is hereby so far amended as to further extend the time fixed and
limited for the completion of said railroad to March 25, 1913,
and said corporation shall have such additional time in which to
build its road.

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

on passage.

[Approved February 22, 1911.]

CHAPTEE 280.

AN ACT TO AUTHORIZE THE TOWN OF .JAFFREY TO CONSTRUCT AND
MAINTAIN AN ELECTRIC LIGHTING PLANT FOR LIGHTING^ HEAT-
ING AND FOR POWER PURPOSES.

Section | Section

1. Acquisition of property authorized; 3. Powers and duties; vacancies, how

damages, how assessed.
Lighting commissioners provided for.

filled.
4. Appropriations authorized.
i 5. Takes effect on passage.

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

Section 1. That the town of Jaffrey, in the county of Acquisition of
Cheshire, be and hereby is authorized, for the purpose of lighting thorized;
its streets and public buildings and for the purposes of supplying fg™sfe^|; ^°^
electricity for commercial and domestic purposes, to take or pur-
chase franchises and property of any electric lighting company
that is now, or may hereafter be, doing an electric lighting
business in said town of Jaffrey, including dynamos, batteries,
wires, engines, boilers, and all other machinery, tools and appa-

330 Chapter 280. [1911

ratiis used in the manufacture, distribntion and operation of such
electric light works in said town of Jaffrev, and the land and
buildings connected and used therewith ; and should said town
and such electric lighting company be unable to agree upon what
is a fair and equitable price for their property, either party may
apply to the superior court for said county of Cheshire, at a
trial term thereof, for appraisal of the value of said property,
rights and franchises ; and said court shall refer the question to
three disinterested referees to be selected and appointed by a
judge of said court for that purpose; and said board of referees
shall, as soon as may be thereafter, fix a time for hearing said
parties and their witnesses, and report their findings to the
superior court, which shall issue its decree thereon; and lyrovided
further, that if either party shall elect a trial by jury, upon appli-
cation to said court for said referees, a trial by jury shall be had
in such manner and under such regulations as said court may
prescribe ; and after such purchase or taking, the said town, for
the purposes aforesaid, may erect and maintain poles and extend
w^ires under any railroad track and over or under the streets in
said town, and may take purchase and hold in fee simple, or
otherwise, any real or personal estate and any rights therein,
necessary for carrying into effect the purposes of this act ; and
may purchase, erect, construct, and maintain such machinery,
dams, reservoirs, buildings and other things as may be necessary
for said electric light works, and to excavate and dig ditches in
any highway, place, square, pass-way or common, or other place,
through which it may be deemed necessary and proper to con
struct said electric light works, and to relay, change, and repair
the same at pleasure, having due regard for the safety of its
citizens and the public travel ; and said town may purchase elec-
tricity from other producers whenever it is deemed necessary.
^'E=^i^f,^°'^" Sect. 2. For the more convenient management of said elec-

missioners _ o _

provided for. trie plant, the said town may place the construction, management,
control and direction thereof in a board of lighting coniinissioners,
to consist of three citizens of the town, said commissioners to be
vested with such powers and duties relating to the construction,
control and management of the same as may from time to time
_ be prescribed by said town. Their term of office shall be for three
years, and until their successors are elected and qualified. The
first board of commissioners may be chosen by the legal voters
of the town at the next or any subsequent annual meeting, or at
any special meeting duly called for that purpose, and their suc-
cessors shall be elected at each annual meeting thereafter ; pro-
vided, hoivever, that of those first elected, the term of one shall
expire at the first annual meeting after the first board is elected,
one at the second annual meeting held thereafterwards, and one
at the third annual meeting held thereafterwards, and after the
first election one shall be elected for three years at each annual
meeting, to fill the existing vacancy; provided, also, that the term

1911] Chapter 280. 331

of service of the commissioners first elected sliall be designated
at the time of their election. Said commissioners may be ap-
pointed by the selectmen of said town if the town shall fail to
elect, or if the town at any annual meeting vote to authorize and
instruct the selectmen to make the aj)pointment.

Sect. 3. The compensation of such commissioners shall be Powers and
fixed by the town. They shall be sworn to the faithful discharge cies, how
of their duties. They shall annually organize by choosing one of
their number as the chairman of the board, and another member
as clerk of their board, who shall keep a proper record of their
doings. Said board shall appoint a superintendent of the plant,
and such other officers and agents as they may deem necessary,
and they shall furnish the town clerk a certificate of their organ-
ization and appointments, and the town clerk shall record the
same in the records of the town. The commissioners shall fix
the compensation of all officers and agents appointed by them,
and all officers and agents shall be sworn to the faithful discharge
of their duties. Whenever a vacancy shall occur, in said board
from any cause, the remaining mend^ers of the board shall certify
that fact to the selectmen of the town, who shall fill such vacancy
temporarily, by appointing a citizen of said town in writing,
which appointment shall be filed with the town clerk and recorded
by him on the records of the town, and the person so appointed
shall hold the office until the next annual town meeting after his
appointment when the town shall elect a commissioner to fill out
the unexpired term, if any, of the person whose office became
vacant, and was so temporarily filled by appointment. Said
commissioners shall annually make a report to the town at the
time other town officers report, of the condition of the lighting
heat or power plant financially and otherwise, showing the income
from said plant, the funds belonging to their department, the
expenses of maintenance, and cost of plant and operating expenses
and other facts and information as the town should have, which
report shall be published each year in the annual report of said
town.

Sect. 4. Said town is also authorized and empowered at any Appropria-
annual meeting, by a two-thirds vote of those present, and voting, ized.
to raise by taxation, and appropriate, and to borrow or hire,
such sums of money on the credit of the town as may be deemed
necessary and expedient for the purpose of defraying the expenses
of purchasing real estate, rights in real estate, water rights, power,
and all other rights and property as aforesaid, and for purchasing,
constructing, maintaining, repairing, extending, enlarging and
operating said electric lighting, heat or power plant, the indebted-
ness created under the provisions of this section not to exceed
thirty thousand dollars ($30,000), and to issue notes or bonds of
the town therefor, in such amounts or denominations as may be
thought proper, not exceeding in all the amount above stated ;

332

Chapter 281.

[1911

Takes effect
on passage.

said loan to be issued under the provisions of the "Municipal
Bonds Act of 1895," the whole to mature and fall due not later
than twenty years from its date, and not to bear interest at a rate
exceeding four per cent, per annum ; and said town may exempt
such notes or bonds from taxation when held by inhabitants of
the town, provided they shall be issued bearing interest at not
exceeding three per cent, per annum.

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

[AjDproved February 22, 1911.]

CHAPTEE 281.

Aiq" ACT AUTHORIZING THE TOWN OF STEWAKTSTOWN TO EXEMPT
FROM TAXATION THE "hoTEL PIKE LOT^' AND BUILDINGS
THEREON^ ; ALSO THE IMPROVEMENTS AND BUILDINGS TO BE
ERECTED ON SAID LOT.

Section
1. Exemption authorized.

Section
2. Takes effect on passage.

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

Exemption
authorized.

Takes effect
on passage.

Section 1. That the town of Stewartstown be and hereby is
authorized to exempt from taxation the "Hotel Pike lot" and the
buildings thereon, situate on Main street, in West Stewartstown
village ; also the improvements or buildings to be erected thereon,
for a term not exceeding ten years, the limit of the same to be
fixed by a vote of the town at its next annual meeting, and
that 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 determine the total
valuation for the purposes of state and county tax.

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

[Approved February 28, 1911.]

1011] Chapters 282, 288. 383

CHAPTEK 282.

AN ACT IN AMENDMENT OF CHAPTER 291 OF THE LAWS OF 1909.
ENTITLED "aN ACT IN AMENDMENT OF THE CHARTER OF THE
CITY OF MANCHESTER^ ESTABLISHING THE OFFICE OF OVERSEER
OF THE POOR, IN PLACE OF THE OVERSEERS OF THE POOR PRO*
VIDED UNDER THE CHARTER AND LAWS OF THE STATE.'^

Section 1. Names of persons assisted not to be published.

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

Section 1. Amend section G of chapter 291 of the Laws of ^^^^^'^^"iP^d^-
1909 bv adclino- at the end of said section the words and in no i^°t to be

t ~ ^ .,,.,.,. publiBned.

ease shall the names ol the persons assisted be printed m the city
report, so that said section as amended shall read as follows:
Sect. 6. Said overseer of the poor shall keep books of 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 p^id to each
institution. Said books and account to be open to public inspec-
tion, and a full report to be made and published at the end of
each fiscal year in the annual city report, and in no case shall
the names of the persons assisted be printed in the city report.

[Approved February 28, 1911.]

CHAPTER 283.

AN ACT relating TO THE LITTLETON VILLAGE DISTRICT.
Section I Section

1. Issue of bonds authorized.

2. Net debt, how determined.

3. Exemption from debt limit.

4. Act of 189.5, when applicable.

5. Rate of interest, etc.

6. Form of bonds.

7. Repealing clause; act takes effect

on passage.

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

Section 1. The Littleton Village District, a municipal cor- issue of bonds
poration legally organized and existing in the town of Littleton ^"^'^°"^^**-
in this state, for the purpose of funding and refunding outstand-

334

Chapter 283.

[1911

Net debt, how
determined.

Exemption
from debt
limit.

ing indebtedness now represented by its notes is hereby authorized
to issue bonds in addition to those hitherto issued by the district
(the bonds now outstanding being of the amount of $55,000)
to an aggregate additional amount not exceeding thirteen thousand
dollars, by a vote to the purpose and effect aforesaid of a majority
of the voters present and voting at any annual or special meeting
of the district duly called and holden upon a warrant and notice
signed by the district commissioners in similar form, and posted
and filed in the same manner and the same length of time before
the meeting, as is provided in the case of towns by Public Statutes.
c. 41, s. 4, or in case of districts by P. S. c. 53, s. 9. It shall
not be necessary in order to render a vote passed in the manner
and for the purpose aforesaid valid and effectual that a majority
of the legal voters in the district shall be present and voting, nor
that two thirds of the voters present and voting shall vote in
favor of said loan or the issue of bonds relating to it. It shall
not be necessary that a check-list be provided and used at any
meeting before mentioned at which the loan aforesaid and the
issue of bonds relating thereto shall be authorized.

Sect. 2. Bonds issued by the town in which said district is
situated j)ursuant to chapter 255 of the Laws of 1903, the same
being water and light bonds of the town of Littleton and not
bonds of said district, and the debts represented thereby shall
not be included in ascertaining the net debt of the said district
under the provisions of the "Municipal Bonds Act, 1895." The
provisions contained in section 9 of said chapter 43 of the Laws
of 1895, commonly knoAAm as the "]Munici]ial Bonds Act," as far
as they relate to a limitation upon the amount of bonds, that said
district is empowered to issue for the purpose of funding and
refunding its outstanding indebtedness and additions thereto,
shall not be applicable to the issue of bonds by said district
authorized by this act for said sum of thirteen thousand dollars ;
'provided that the said amount of fifty-five thousand dollars
represented by the bonds of the district now outstanding and the
amount of said issue authorized by this . act to an additional
amount of thirteen thousand dollars when added together shall
not in the aggregate exceed 6 per cent, of the value of the taxable
property therein as last appraised for the purpose of assessing
taxes on such corporation.

Sect. 3. In the issue of the bonds contem])lated by the votes
of said Littleton Village District above mentioned, the said dis-
trict and the said bonds shall be exempt from the limit imposed
by section 9, chapter 43 of the Law^s of 1895, relative to the ratio
of debt existing or to be evidenced by the aforesaid issue of bonds
and the assessed value for taxation of property in said district,
and shall also be exempt from the limit imposed by section 2,
of said act relating to the time in which bonds of municipalities
shall be made payable.

lUJlJ Chapter 28-1. 335

Sect. 4. With respect to its indebtedness and liabilities, ^hen ^appuca-
incurred or renewed, hj reason of the issue of any bonds con- bie.
templated by said votes said district shall be subject in all respects
to the provisions of sections 7 and 8 of chapter 43 of the Laws
of 1805, commonly known as the "]\Iunicipal Bonds Act, 1895";
provided that in respect to the issue of bonds authorized by this
act, only such parts of the ''Municipal Bonds Act, 1805" so-called,
as are not in conflict with sections 1, 2, 3, 4 and 5 of this act
shall apply to the issue of bonds herein and hereby authorized.

Sect. 5. Said district is hereby authorized at any meeting Rate of inter-
hereafter duly called and holden with a reference to the issue of ^^'' ^^^'
the bonds of the district as above mentioned, to fix the rate of
interest to l)e i)aid on the indel)tedness represented by said bonds
and to provide in respect to the time when said bonds shall be
payable.

Sect. 6. There shall be printed in large type across the top Y°^^ °^
or face of each of said bonds representing said indebtedness of
thirteen thousand dollars, the issue of which by said district is
authorized by this act, the words and figures following, viz ; This
bond is not issued under or by authority of the "Municipal Bonds
Act, 1895," of the State of Xew Hampshire.

Sect. 7. All acts and parts of acts inconsistent with the pro- Repealing

c 1 • 11 11 11- 1 n 1 clause; act

Visions 01 this act are herebv repealed, and this act shall take takes effect

re , ' . "^ on passage.

eliect upon its passage.

[Approved March 1, 1911.]

CHAPTEE 284.

AN ACT CREATIXO THE OFFICE OF SUPEEIXTEXDEISTT OF PUBLIC
BUILDINGS IN THE CITY OF MANCHESTEE, N. H., AND DEFINING
THE DUTIES OF SAID SUPERINTENDENT.

Section

1. Department of buildings created;

superintendent provided for.

2. To be inspector of buildings; pow-

ers and duties.

3. To superintend work on municipal

Section

6. Expenditure of appropriations.

7. Appropriations for 1911, how ex-

pended.

8. Repair shop to be provided.

9. Plans, etc., to be submitted to su-

buildings. perintendent.

4. Powers in respect to municipal 10. Superintendent, how chosen; salary.

buildings. 11. Repealing clause; act takes effect

5. Annual estimate of appropriations. ' April 1, 1911.

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

Section 1. There shall be in the city of Manchester, a depart- ^/^b^und^in^gs
ment, to be called the department of buildings, which shall be created; su-
in charge of a superintendent of public buildings, hereinafter provided for.

336

Chapter 284.

[1911

To be Inspec-
tor of build-
ings; powers
and duties.

To superin-
tend work on
municipal
buildings.

Powers over

municipal

buildings.

Estimate of
appropria-
tions.

Expenditure
of appropria-
tions.

designated the superintendent. Said superintendent shall be a
competent jDersou with practical exj)erience in the construction
of buildings and shall not be interested, directly or indirectly,
in any building contracts or in furnishing plans, specifications
or materials for the same.

Sect. 2. Said superintendent of public buildings shall also
be the inspector of buildings of the city of Manchester, and the
office of inspector of buildings as now existing is hereby abolished,
and said superintendent is hereby charged with the duty of
enforcing the ordinances of said city and all provisions of law,
not inconsistent herewith, applying to the office of inspector of
buildings of said city, and shall be vested with all the powers and
privileges now conferred upon the inspector of buildings of said
city by the city ordinances or any law of the State of ]^ew Hamp-
shire.

Sect. 3. Said superintendent shall superintend the construc-
tion of all buildings erected by the city, together with all altera-
tions and additions made to or upon the same, and see that the
conditions of contracts and plans and specifications, if any, are
faithfully carried out. He shall have the care and custody of all
the buildings belonging to the city with respect to all repairs
upon the same ; shall keep himself acquainted with the condition
of all such buildings, and make all repairs upon the buildings
belonging to the city and shall employ suitable employees to
perform such work under his direction and control and fix their
compensation. Provided, hoioever, that in the case of extensive
repairs needed upon any of the buildings belonging to the city,
said superintendent is authorized to provide for the performance
of any such work by contract, and in so doing, to call for proposals
for doing such work, and to make a contract therefor in the name
and in behalf of the city with the lowest responsible bidder, who
shall furnish proper surety for the faithful performance of his
contract.

Sect. 4. Said superintendent shall in relation to all repairs
upon public or municipal buildings, have all the powers now by
law vested in the board of mayor and aldermen, school board,
committees, commissions and departments of the city government.

Sect. 5. Said superintendent shall annually, in the month of
January, send to the common council, an estimate of the appro-
priations required for his department for the ensuing year, with
a specific and detailed statement of the purposes for which they
are to be used, and the common council shall make all necessary
appropriations therefor.

Sect. fi. Said superintendent shall have the expenditure of
all appropriations which the common council of said city shall
from year to year vote for such purposes, and all bills for ex-
penditures from the appropriations voted from year to year by

1011] Chapter 285. 337

fhe common council for sucli purposes shall be approved by said
superintendent before the same are paid by the city treasurer.

Sect. 7. For the year lUll the appropriations made by the ^^^p®^^^'^"''^^
common council based on the estimates of repairs needed upon
the various public and municipal buildings, by the several boards,
committees and departments of the city government, shall be
subject to the expenditures of said superintendent instead of the
various boards, committees and departments making said estimates
for the ensuing fiscal year.

Sect. 8. It shall be the duty of the board of mayor and alder- ^"p^^"" ^^°^-
men to provide a repair shop suitable for said building depart-
ment, if the same shall be deemed necessary by said superin-
tendent.

Sect. 9. Prior to the acceptance by the city of plans and P^f:^^; «*•=•' .

•/ X SllDIUlSSlOIl 01

specifications for any new building to be erected by the city, all
contracts, plans and specifications for the same shall be submitted
to the superintendent of buildings and he shall render his opinion
upon the same in writing to the proper authority, giving the
department of the city having the matter under consideration, the
benefit of his knowledge and experience in relation thereto.

Sect. 10. Said superintendent of public buildings shall be ^ent'^h'ow''
elected by the board of mayor and aldermen in the month of April, chosen;
1911, for a term of four years thence next ensuing and until his
successor is elected and qualified, at a salary of eighteen hundred
dollars yearly, to be paid by said city in equal monthly instal-
ments.

Sect. 11. All acts and parts of acts inconsistent with this act, fi|use'/°a^t
are hereby repealed and this act shall take eft'ect on the first dav takes effect
j: x •! -i(\i -1 J. • ' on passage.

01 April, 1911, now next ensuing.

[Approved March 2, 1911.]

CHAPTER 285.

AN ACT TO IKCOEPOEATE THE HELEX FOWLEE WEEKS HOME.

Section

1. Corporation constituted; purposes.

2. Power to hold property.

3. Government of home.

SECTION"

4. By-laws.

5. First meeting.

6. Takes effect on passage.

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

Sectiox 1. That E. P. Stearns, Geors'e M. Stevens, James corporation

^ constitute '

purposes.

L. Dow, Rollin E. Webb, Burleioh Roberts, \\bner Bailev, Merriir"'"'"'"'''''

Shurtlefi", Fred S. Linseott. Irviiiii' W. Drew and Parker J.

838

Chapter 285.

[1911

property.

Noyes, all of Lancaster, N. H., be, and they hereby are, consti-
tuted a corporation by the name of The Helen Fowler Weeks
Home ; and they and such others as shall be duly elected members
of said corporation at any meeting thereof, according to such
by-laws as may be hereafter established, shall be and remain a
body politic and corporate by said name and from the passage
of this act, for the purpose of founding and establishing such a
home for aged people as is usually provided by similar institu-
tions; and said corporation is hereby vested with all the powers
and privileges incident to corporations of like nature.
Power to hold Sect. 2. Said Corporation by that name may sue and be sued,
prosecute and defend to final judgment and execution, and shall
have power to take and hold real and personal estate by lease,
purchase, donation, bequest or otherwise, for the purpose of estab-
lishing and maintaining a home at Lancaster aforesaid, erecting
suitable buildings and properly furnishing the same with whatever
may be desirable or necessary for the successful operation of said
institution ; and said institution, being exclusively used for uses
and jDurposes of public charity, its property shall be exempted
from taxation ; and said corporation shall have the power to
convey, transfer, sell and dispose of real and personal estate.

Sect. 3. The government of said home, and the general man-
agement of the financial and prudential aft'airs of said corporation
shall be vested in a board of trustees or directors of not less than
nine nor more than fifteen members, who shall be chosen in such
manner, at such times, and for such term of office as may be
prescribed by the by-laws of said corporation hereafter to be
adopted.

Sect. 4. Said corporation may adopt such by-laws and make
such rules and regulations as may be deemed necessary; may
determine the number, time and manner of choosing its officers,
may prescribe and define their respective duties, and may, from
time to time, alter, amend and modify its by-laws, rules and
regulations, as therein provided.

Sect. 5. Any three of the persons named in section one of
this act may call the first meeting of said corporation by mailing
postpaid to the postofiice address of each of the persons named in
this act a notice of such meeting, at least five days prior to the
date fixed for said meeting.

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

Government
of home.

By-laws.

First meet
Ing.

Takes effect
on passage.

[Approved March 2, 1911.]

1911]

Chapter 286.

339

CHAPTER 28r3.

AN ACT PROVIDING FOE THE APPOINTMENT OF A COMMITTEE TO
CONSIDER THE MATTER OF AMENDING THE CHARTER OF THE
CITY OF MANCHESTER.

Section

1. Committee provided for.

2. Duties of committee.

Section

3. To be paid expenses only.

4. Takes effect on passage.

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

It shall be the duty of said committee to consider ^ommut°ee

Section 1. The mayor of the city of Manchester shall ^°™?^g"®for.
appoint as soon as may be, subject to confirmation by the city
council in joint convention, six snitable 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 clerk 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, who
shall be chairman of the committee, said committee shall organ-
ize by choosing one of their members as clerk.

Sect. 2.
and determine what changes, if any, are desirable in the charter
and other existing laAvs for the government of said city and its
precincts and school districts, and to report with reference thereto
for the information of the general court at its next session. They
shall acquaint themselves with the ]irovisions and practical oper-
ation 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 practicable and
useful for the foregoing purpose. They may require any public
officer of said city or its precincts or school districts to testify
before them relative to the affairs of his department, precinct
or district, and may employ such clerical or stenographic assistance
as they find necessary for the performance of their duties. On
or before December 1, 1912, 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 thev
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.

340

Chapter 2S7.

[lyil

To be paid
expenses only.

Takes effect
on passage.

Sect. 3. Said committee shall receive no compensation for
their services, but shall be reimbursed out of the city treasury,
on the order of the mayor, for any expenses reasonably incurred
by them in the discharge of their duties.

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

[Approved March 7, 1911.]

CHAPTER 287.

AN" ACT TO IXCOKPOEATE DOTTEAK OF XOEDEX LODGE OF THE
OEDEE OF VASA OF AMEEICA, IX MAXCHESTEE, X. H.

Section

1. Corporation constituted; purposes.

2. Power to hold property.

3. By-laws.

Section

4. First meeting.

5. Takes effect on passage.

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

Corporation
constituted;
purposes.

Power to hold
property.

By-IawB.

First meet-
ing.

Takes effect
on passage.

Sectiox 1. That Eva Carlson, Alma Peterson, Hilma Keller,
Marie Peterson, Olga Keller, Augusta Westerdahl, Beda Xelson,
Augusta Osberg, Hilma Hoglund, their associates and successors,
be and hereby are made a body politic and corporate by the name
of Dottrar of Xorden Lodge of the Order of Vasa of America,
in Manchester, X. H., for social 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.

vSect. 2. Said corporation shall have power to hold real and
personal estate by gift, bequest, or otherwise, to an amount not
exceeding five thousand dollars, and may dispose of the same at
pleasure.

Sect. 3. Said corporation may enact by-laws providing for
the pa_\mient of weekly benefits to those of its members who may
become sick, and for the pa^mient of death benefits to the repre-
sentatives, or stated beneficiaries, of those of its members who
may die.

Sect. 4. The first three persons named in this act may call
the first meeting of said corporation by giving notice to each of
tlie others at least two days before the date of said meeting.

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

[Approved March 0. 1011.]

1911] Chapter 28b. 341

CHAPTER 288.

AN ACT RELATING TO THE POWERS AND DUTIES OF THE POLICE
COMMISSIONERS OF THE CITY OF MANCHESTER.

Section I Section

1. May pension police oflBcers. i 3. Takes effect on passage.

2. Temporary service by pensioners. (

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

Section 1. The board of police commissioners of the city oi May pension

•urn 11^ • cni 1 police officers.

Manchester, by the ainrmative vote oi all the members, may at
his own request or at the request of the chief of police, retire
from service for one year, any member of the police department,
who in the judgment of said board has become disabled for useful
service while in the actual performance of duty; or any member
who has performed faithful service in the department for a period
of not less than twenty consecutive years ; and may grant a pension
to such retired member for a period not exceeding one year at
a time. ISTo such member shall be granted a pension unless it
shall be certified to the said board of police commissioners in
writing by the city physician, that such member is permanently
incapacitated either mentally or physically from performing his
duty as a member of the department. In case of total permanent
disability caused in or induced by the actual performance of his
duty, the amount of said pension shall be one half of the annual
compensation of the office from which he is so retired, or such
less sum as said board of police commissioners may determine.
The pension of a member who has served twenty or more con-
secutive years shall be one half of the annual salary or compen-
sation of the office from which he is retired.

Sect. 2. The said board of police commissioners are hereby Temporary
authorized in case of emergency to call upon any person so pen- pln^loners.
sioned for temporary service in the department for which he is
fitted and during such service he shall be entitled to full pay.

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

^ -^ '-^ on passage.

[Approved March 9, 1911.]

342

Chapters 289, 290.
CHAPTER 289.

[ll'll

AX ACT TO PEEMIT THE TOWN^ OF CLAEEMONT TO ELECT AX
ASSISTANT MODEEATOE AND TO DEFINE HIS POWEES.

1. Assistant moderator provided for.

2. Appointment by selectmen.

Section
3. Repealing clause:
passage.

act takes effect on

Assistant
moderator
provided for.

Appointment
by selectmen.

Repealing
clause; act
takes effect
on passage.

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

Section 1. The town of Claremont may choose an assistant
moderator in the same way as is now provided for choosing
moderators and such assistant moderator shall, under the direc-
tion of the moderator, have the powers and duties of the mod-
erator in receiving ballots, counting them and declaring the votes
thereon, and shall, in the absence of the moderator, perform all
the duties and have all the powers of the moderator.

Sect. 2. The selectmen of said town are hereby authorizeti
to appoint an assistant moderator who shall hold office in accord-
ance with the provisions of section 1, until an assistant moderator
may be elected.

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

[Approved March 9, 1911.]

CHAPTER 290.

AN ACT IN ADDITION AND AMENDMENT TO AN ACT TO INCORPO-
EATE THE NASHVILLE AQUEDUCt/" APPEOVED JUNE 19, 1852,
AND "an act in amendment OF THE CHAETER OF THE PENNI-
CHUCK AVATEE WOEKS/' APPEOVED SEPTEMBEE 7, 1883.

Charter of Nashville Aqueduct
amended.

Charter of Pennichuck Water Works
amended.

Power to hold property; right of
eminent domain; contracts author-
ized.

Section

4. Pipes across Merrimack river.

5, Application of act limited.

p. Extension of pipes to Hudson.
7. Petitions to superior court.
S. Prior act not affected.

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

ChartfT cf Section 1. That section 1 of saitl act to incorj^orate the

Aqt^dul'i Xashville Aqueduct approved June 19, 1852, be amended by
amended. ii^scrtiuu' iu the scvcuth line thereof after the words "Ts^'ashville

1911] Chapteh 290. 343

and ISJ^ashua" the following words, viz: also into the town of
Hudson, so that section 1 as amended shall read as follows, viz:
Section 1. Be it enacted by the Senate and House of Repre-
sentatives in General Court convened, that Charles F. Gove,
Aaron P. Hughes, Robert Read, John H. Gage, and Russell E.
Dewey, their associates, successors and assigns, be and they are
hereby made a body politic and corporate, by the name of the
ISTashville Aqueduct, for the purpose of bringing water into I^Tash-
ville and ]*^ashua, also into the town of Hudson, in subterranean
pipes, for the supply of the inhabitants thereof, and are hereby
invested with all the powers and privileges incident to corpo-
rations of a similar nature.

Sect. 2. That section 2 of the said act in amendment of the p^^^chuck
charter of the Pennichuck Water Works approved September 7, water works
1883, known as chapter 237 of the session Laws of 1883, be
amended by inserting in the third line of said section after the
words "other purposes" the following words, viz: also for the
use of the town of Hudson, its inhabitants, and for other pur-
poses; also by striking out in the ninth and 18th lines of said
section the word "supreme" and inserting in place thereof the
word superior, so that said section 2 as amended shall read as
follows, viz : Sect. 2. That for the purpose of furnishing an
adequate supply of water for the use of the city of ISTashua, its
inhabitants, and for other purposes, also for the use of the town
of Hudson, its inhabitants, and for other purposes, said corpo-
ration is authorized to construct, enlarge and maintain such dams,
reservoirs, and other works as it may deem necessary and proper
across and upon the Pennichuck brook, across or upon any brooks
or ponds tributary to the same, and to enter upon and appropriate
such land as may be necessary and convenient for the construction
and use of the same, upon depositing with the clerk of the superioi-
court for the county of Hillsborough such sum of money as
security for the payment of damages for the same as said court
in term time or any justice thereof in vacation may order in case
said corporation has not agreed with the oAvners thereof upon the
damages and paid the same ; and in case said corporation shall
not agree with the owners thereof for the damage that has been
or may be done by said corporation by reason of the erection of
any dam on said brooks and the flowage caused thereby, or in
the exercise of any rights hereby granted, or such owners shall
be unknown, either party may apply to the superior court at the
trial term thereof to have the damages determined, and 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 required by law for laying out high-
ways, and said commissioners shall make a report to said com't.
unon which the court may make such order as justice renuir^s.
Tf either party shall desire, upon application to said court before

344

Chapter 290.

[1911

Power to
hold property.

Right of emi-
nent domain.

Contracts au-
thorized.

such reference, they shall be entitled to a trial by jury in such
manner and under such regulations as said court may prescribe.

Sect. 3. That the following sections be added to said act of
1883 to be known as sections 4, 5 and 6 of said act as amended:
Sect. 4. Said corporation is empowered to purchase and hold,
in fee simple or otherwise, any real or personal estate neces-
sary for the carrying into effect the purpose of this act, and
to purchase any water-works in said Hudson now constructed or
in operation; and said corporation is authorized to enter upon
and break ground, dig ditches, and make excavations in any
street, j^lace, square, passageway, or highway through which it
may be deemed necessary for the pipes and water-works of said
corporation to pass, be or exist, for the purj)ose of placing said
pipes, hydrants, water-works, and such other materials as may
be deemed necessary for constructing said water-works, and to
relay and repair the same, subject to such regulations as to the
safety of the citizens and the security of the public travel as may
be prescribed by the selectmen of the town of Hudson.

Sect. 5. Said corporation is authorized to enter upon and
appropriate any springs, streams, or ponds, in the town of Hudson,
not belonging to any aqueduct or w^ater-works company, and to
secure such streams, springs, or ponds by fences or otherwise, and
to dig ditches, make excavations and reservoirs, through, over,
in, or upon any land or enclosure through which it may be nec-
essary for said pipes and water to pass, or said excavations and
reservoirs and water-works to be or exist, for the purpose of
obtaining, holding, preserving or conducting said water, and
placing such pipes, other material, or works as may be necessary
for building and operating such water-works or repairing the
same : provided, that if it shall be necessary to enter upon and
appropriate any streams, springs or ponds, or land for the purpose
aforesaid, or to raise or to lower the level of the same, and the
said corporation shall not be able to agree with the owners thereof
for damages that may be done by said corporation, or the owners
shall be unknown, either party may apply to the superior court,
at the trial term in the county of Hillsborough, to have the
damages determined ; and said court shall refer the same to the
county commissioners for said county, who shall appoint a time
and place of hearing, and give notice thereof, in the same manner
as now provided by law for laying out of highways. Said com-
missioners shall make report to said court, and said court may
issue execution therein accordingly; but if either party shall
desire it, upon application to said court before reference to said
commissioners they shall be entitled to a trial by jury in such
manner and under such regulations as said court may prescribe.

Sect. 6. Said corporation may make any contract with said
town of Hudson, or with any fire precinct in said town, or with
any persons or corporation, to furnish water, hydrants, and other

1911] Chapter 290. 345

means and apparatus for extiiiguisliing fires, and for such other
purposes as may be deemed necessary ; and said town, or any fire
precinct therein now existing or hereinafter organized, is hereby
authorized to contract with said corporation for the use of said
water, hydrants, or other apparatus for said purpose, and may
raise or appropriate money therefor. And said corporation is
hereby authorized and empowered to sell or lease for a term of
years to the town, or any fire precinct now existing or hereafter
organized therein, all of its works, structures, and estate, of what-
ever kind or nature within said town ; and said town or fire
precinct is hereby authorized to purchase or lease the same.

Sect. 4. That the Pennichuck Water Works for carrying out ^'Pes across

f, ^ . -, . in TT1 Merrimack

said purposes of furnishing an adequate supply of water to Hud- river,
son, its inhabitants, and for other purposes, be authorized to lay
such pipes as are reasonably needful across the Merrimack river
between Hudson and Kashua.

Sect. 5. Inasmuch as the Hudson Water Company is now ^^Pj.*'^^it'°(f °'
operating a water supply plant in said town of Hudson, now, if
said Hudson Water Company shall take necessary steps to improve
its water plant in said town by increasing the supply of water,
the size of its mains and pipe lines, and by increasing the water
pressure, so as to accomplish all such things as are needful to
provide said town and takers of water with a sufficient and ade-
quate supply of good and suitable water for domestic, fire and
municipal purposes and to accomplish those results shall take
substantial steps on or before June 1, 1911, and prosecute such
work of improvement and complete the same by October 1, 1911,
then this act shall take eftect only so far as is hereinafter provided
in section 6, but if said company shall not take such substantial
steps on or before June 1, 1911, this act shall take effect June
1, 1911, and if, after it shall have taken such steps, it shall not
prosecute and complete such improvements by October 1, 1911,
this act shall take effect October 1, 1911, and be in full force and
effect thereafter.

Sect. 6. If the foregoing sections of this act shall not fullv Extension

1 re 1 /> 1 • • • 1 • 1 T ' PIPSS to ]

take effect by reason of the contingencies recited m the preceding son.
section five (5), nevertheless they shall so far take effect and shall
be so construed as to authorize and empower the Pennichucl;
Water Works. to extend its pipes across the Merrimack river so
far into the town of Hudson and upon its streets as will enable
said company to furnish water at contract prices to said Hudson
Water Company or its assigns.

Sect. 7. For the purpose of determining any controversy tha+ Petitions to
may arise between the Hudson Water Com]:»any aforesaid and cour"°'^
the to^vn of Hudson as a present or prospective water taker, or
any of the present water takers of the water furnished by said
Hudson Water Company, or any persons within the district where
its pipes are now laid, or where its pipes might reasonably be

of
Hud-

346

Chapter 291.

[1911

Prior act not
affected.

extended to accommodate prospective water takers, as to whether
the said provisions for the improvement of said water plant have
been actually complied with, the superior court for the county of
Hillsborough is given jurisdiction to try and to finally determine
such controversy, when brought before it by petition of any such
parties interested, provided such petition or petitions shall be
brought on or before January 1, 1912, and all such parties so
interested shall have right to come into court on their own
petition, or be joined as parties to any such petition, on such
terms as said court may order, before the same shall have been
brought to trial and decided, and not afterwards, and the court
may in its discretion order any such petitions to be joined and
consolidated so that the same can be tried together as far as they
present a common issue.

Sect. 8. This act shall not be held or construed to repeal or
affect the authority granted to the city of l^ashua or the Penni-
chuck Water Works by chapter 104 of the act passed at the session
of the legislature of 1873, and if said city under that act shall
purchase or take the real estate, rights and property of said cor-
poration, and their corporate franchises, powers and privileges
under their charter, or any amendment thereof, said city shall
have the same right to operate such portion of the plant of said
company as is at the time in the town of Hudson as said company
shall have right to operate at the time it is purchased or taken, and
the same right to furnish water to takers in Hudson and to said
town of Hudson and enter into contracts relating thereto as said
Pennichuck Water Works shall have.

[Approved March 9, 1911.]

CHAPTER 291.

AN ACT TO AMEND CHAPTER 241 OF THE SESSION EAWS OF 1893,
ENTITLED "^'aN ACT TO ESTABLISH THE CITY OF EACONIA."

Section

1. Council of six members.

2. One councilman from each ward.

3. Salaries of councilmen.

Section

4. How elected in 1911.

5. Takes effect on passage.

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

Council of six
members.

Section '1. Amend section 4 of said act by striking out the
word "fourteen" in the third and fourth lines of said section and
substituting in place thereof the word six so that said section as
amended shall read as follows: Sect. 4. The administration of

1911] Chai'Teu 291. 347

all the fiscal, prudential aiul municipal ati'airs of said city shall
be vested in one principal officer to be called the mayor, and one
board consisting of six members to be called the council and the
members whereof shall be called conncilmen. The mayor and
council shall sit and act together and compose one body, and in
their joint capacity shall be denominated the city council.

Sect. 2. Section 15 of said act is hereby amended by striking 2,°^ *^f°"^°""
out the whole of said section and substituting in place thereof the each ward,
following: Sect. 15. There shall be chosen each year by and
from the qualified voters of each of the several wards in the City
of Laconia, one councilman to serve for the term of one year.
Provided, however, that this act shall not affect the councilmen
chosen at the election holden in March, 1910, for a term of two
years, and those councilmen so chosen shall hold their office until
the expiration of their term of office on the fourth Tuesday of
IMarch, 1912, so that imtil said fourth Tuesday of March, 1912,
the city council shall consist of said members holding their office
by virtue of said election in March, 1910, together with the six
councilmen to be chosen under the provisions of this act, and
thereafter the said city council shall consist of the six members
as above provided for.

Sect. 3. The city council shall have the right by majority salaries of
vote to authorize the payment of a salary to all councilmen chosen '^°"°'^*
after the passage of this act, said salary not to exceed the sum of
one hundred dollars per year for each councilman.

Sect. 4. Under the warrants which have been posted for the How elected
city election to be holden on the second Tuesday of March, 1911, '°
there shall be chosen by and from the qualified voters of each
ward one councilman from each Avard to serve for one year in-
stead of one councilman from each of wards one, two, three, four
and five, and two councilmen from ward six to serve for the
term of two years as called for in said warrants.

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

on passage.

[Aproved March 13, 1911.]

348

Chaptek 292.

[1911

CHAPTER 292.

AN ACT IN AMENDMENT OF AN ACT TO INCOEPOEATE CEETAIN
PEESONS BY THE NAME OF THE NOETH CHUECH IN POETSMOUTH
APPEOVED DECEMBEE 27, 1816.

Section

1. Power to hold property.

2. Membership of corporation.

Section
3. Takes effect on passage.

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

Power to hold
property.

Membership
of corpora-
tion.

Takes effect
on passage.

Section 1. Amend section 1 of said act by striking out the
words '"one thousand dollars" and inserting in place thereof the
words, three thousand dollars, so that said section as amended shall
read as follows : Section 1. Be it enacted by the Senate and
House of Representatives in General Court convened, That John
Langdon, Ammi R. Cutter, Israel W. Putnam, Ammi R. Hall,
Job Harris, and Amos Tappan and their associates and such as
shall become associates with them and their successors, be, and
they are hereby made a corporation by the name of the ^orth
Church in Portsmouth, for the sole purpose of receiving, holding,
securing, managing, appropriating and distributing such funds
and property as may come to their hands or the proceeds thereof,
according to the will of the donors, for religious and other char-
itable purposes ; with power to sue and be sued, to make by-laws,
rules and regulations for the government of said corporation and
the management of its funds and concerns, to take by grant,
devise, donation or otherwise, and hold real and personal estate
not exceeding three thousand dollars, in annual income, and with
all other powers and privileges incident to corporations of a sim-
ilar nature.

Sect. 2. Amend section 3 of said act by striking out the
whole of said section and inserting in place thereof the following :
Sect. 3. And be it further enacted that all resident members of
the church of twenty-one years and over shall be active members
of the aforesaid corporation.

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

[Approved March 15, 1911.]

1911] Chapter 298. 349

CHAPTER 293.

AN ACT IN AMENDMENT OF THE CHARTER OF THE NEW HAMPSHIRE

orphans' HOME.

Section

1. Power to hold property.

2. Government of corporation.

Section
3. Takes effect on passage.

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

Section 1. That the act passed at the June session of 1871 Power to hold
granting a charter to the New Hampshire Orphans' Home be
amended by striking out the word 'Hhree" before the word "hun-
dred" in the third line of section 3 of said act and substituting
therefor the word six so that said section as amended shall read
as follows: Sect. 3. Said corporation is hereby empowered to
receive, hold and manage donations or trusts not exceeding in
amount at any one time six hundred thousand dollars, and may
at all times invest and expend any and all such funds in such
mode and manner as will best promote the essential interests of
said association, and carry out the intent of the donors, and may
purchase, hold, occupy and enjoy such personal and real estate as
may be necessary, and may manage, improve, alienate or dispose
of the same at their pleasure.

Sect. 2. That section 4 of said act be amended by striking Government
out the words "Any person who shall annually contribute the tion.
sum of one dollar to its funds shall have a right to vote or be
voted for in the choice of its officers" so that said section as
amended shall read : Sect. 4. The immediate control and man-
agement of said corporation shall be vested in a board of directors
or trustees, not exceeding twenty-one in number who shall be
annually elected' from the different parts of the state, and vdthout
exclusive preference of any political party or religious denom-
ination in this state in mode designated by the by-laws of said
corporation.

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

'^ on passage.

[Approved March 15, 1911.]

350

Chapters 294, 295.

[1911

Issue of bonds
authorized.

CHAPTEK 294.

AN ACT TO AUTHORIZE SCHOOL DISTRICT XO. 1 IN THE TOWN OF
LISBON TO ISSUE SCHOOL HOUSE AND REFUNDING BONDS.

Section 1. Issue of bonds authorized.

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

Section 1. That School District No. 1 in tlie town of Lisbon,
for the purpose of paving fqr an addition to the present school
building and for changes in the heating, ventilation, and plumbing
of said building and for the purpose of providing for the payment
of a temporary refunding loan of twelve thousand (12,000) dollars
made June 28, 1910, may, at any meeting called for the purpose,
by a majority vote of those present and voting, issue bonds to an
amount not exceeding thirty-two thousand (32,000) dollars pay-
able within twenty years from date. The provisions of the
"Municipal Bonds Act of 1895" and the amendments thereof shall
in other respects be applicable to said bonds.

[Approved March 15, 1911.]

CHAPTEE 295.

ATSr ACT TO EXEMPT CERTAIN PROPERTY OF THE MANCHESTER
YOUNG MEN''s CHRISTIAN ASSOCIATION FROM TAXATION.

Preamble.

Property ex-
empted.

Section
1. Property exempted.

Section
2. Takes effect on passage.

Whereas, the Manchester Young Men's Christian Association,
a corporation organized under the general law, is erecting a build-
ing on a lot on Mechanic street in the city of Manchester, — said
lot together with the funds for the erection of said building having
been donated to said association to be used for its purposes ; and

Whereas, said association is formed solely for benevolent and
charitable purposes, and not for the purpose of profit or gain ;
therefore,

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

Section 1. The property above described with the improve-
ments to be placed thereon shall be exempt of taxation so long
as and to the extent that it is used for the purposes of the asso-

1911]

Chapters 296, 297.

351

elation. Provided, however, that the assessors shall aimually
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 purpose of i state
and county tax.

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

on passage.

[Approved March 15, 1911.]

CHAPTEK 296.

AN ACT IN RELATION TO THE SALARY OF THE MEMBERS OF THE
SCHOOL BOARD OF THE CITY OF MANCHESTER.

Section
1. Annual salary of $25.

Section
2. Takes effect on passage; repealing
clause.

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

Section 1. Each member of the school board of the city of Annual salary
Manchester shall receive in full for his services, and for all the
duties appertaining to said office, the sum of twenty-five dollars
per annum, to be paid annually.

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

T » . . , ., 11 11 Oil passage;

and parts oi acts inconsistent herewith are hereby repealed. repealing

clause.

[Approved March 15, 1911.]

CHAPTER 297.

AN ACT RELATING TO A SPRINKLING DISTRICT IN THE CITY OF

LACONIA.

Section

1. Sprinkling precincts authorized.

2. City may share expense.

Section
3. Takes effect when adopted.

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

Section 1. The city council of said citv of Laconia are sprinkling

t ' DrGClDCtS

hereby fully empowered and authorized by ordinance to establish authorized,
from time to time within the limits of said city such number of
precincts as they shall deem necessary for the public convenience

352

Chapter 298.

[1911

City may-
share ex-
pense.

Takes effect
when adopted.

and to fix the boundaries thereof, and the same to enlarge, modify
and alter as the public interests may require, and within any
precinct so established the mayor and city council of said city
may cause the streets to be sprinkled with water as they deem
necessary for the public convenience or to preserve the health of
the inhabitants of said city, and the expense of so sprinkling said
streets shall be derived from a tax upon the polls, personal and
real estate situate within said precinct to be assessed and collected
in the same way and manner as is now by law provided for assess-
ing and collecting taxes within said city.

Sect. 2. The city of Laconia may pay a proportionate part
of the expense of sprinkling said precincts when established, as
they may deem advisable, not exceeding one-third part thereof.

Sect. 3. This act shall take effect when adopted by the city
council of said city of Laconia.

[Approved March 15, 1911.]

CHAPTEK 298.

AN" ACT TO AMEND SECTION 6 OF CHAPTER 195 OF THE ACTS OF
1901 EELATING TO THE EOCKINGHAM COUNTY LIGHT AND POWER
COMPANY.

Section
1. Right to
towns.

do business in certain

Section
2. Takes effect on passage.

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

Right to do
business in
certain towns.

Takes effect
on passage.

Section 1. Amend section 6 of chapter 195 of the Acts of
1901 by striking out the whole of said section and inserting in
place thereof the following: Sect. 6. The said Rockingham
County Light & Power Company shall not enter into the business
of lighting in the towns of !N"ewmarket, Durham, Lee, Ra^miond,
Epping, ISTewfields, or Brentwood, or either of them, unless it shall
first acquire by purchase the plant and property in operation
therein. In case it makes such purchase it shall have, with respect
to the plant, property, and franchise, purchased all the franchises
and privileges enumerated and set forth in its articles of agree-
ment.

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

[Approved March 17, 1911.]

1911] Chapters 299, 300. 353

CHAPTER 299.

AlSr ACT IN AMENDMENT OF AN ACT IN AMENDMENT TO THE CIIAR-
TEK OF THE CITY OF MANCHESTER, ESTABLISHING THE OFFICE
OF OVERSEEE OF THE POOR PROVIDED UNDER THE LAWS OF THE
STATE, CHAPTER 291, SESSION LAWS OF 1909.

Section I Section

1. Proposals for fuel, etc., to be pub- 2. Repealing clause; act takes effect on

lished. I passage.

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

Section 1. Amend section 7 of chapter 291 of the Laws of Proposals for

fUGl GtC. to

1909 by adding at the end thereof the following: Said overseer be published.
of the poor shall have printed in at least two daily newspapers of
the city of Manchester, proposals for fuel and any other com-
modity that in his judgment will be for the best interest of the
city. Said notice shall call for sealed proposals to be awarded to
some responsible person offering the lowest bid; said notice to be
printed five consecutive days commencing December 12 of each
year.

Sect. 2. 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 17, 1911.]

CHAPTER 300.

AN ACT REVIVING THE CHARTER OF THE TROY WATER AND IMPROVE-
MENT company.

Section i Section

1. Charter revived and continued. ' 2. Takes effect on passage.

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

Section 1. That an act entitled "An Act to incorporate the charter re-

.^^ . ^ vived and

Troy Water and Improvement Company," approved March 8, continued.
1899, is hereby revived and continued in force as fully and com-
pletely to all intents and purposes as if the same were incorporated
at the present time.

Sect. 2. This act shall take effect and be in force from an-l Takes effect

n, • , on passage.

after its passage.

[Approved March 22, 1911.]

354

Chapters 301, 302.
CHAPTER 301.

[1911

AN ACT ArTHOEIZING THE GOFFSTOWN VILLAGE FIRE PKECINCT
WATEE WORKS TO REISSUE ITS WATER BONDS.

Authority
granted.

Takes effect
on passage.

Section
1. Authority granted.

Section
2. Takes effect on passage.

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

Section 1. The Goffstown Village Fire Precinct Water
Works is hereby authorized to reissue its water bonds on or after
August 1, 1911.

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

[Approved March 22, 1911.]

CHAPTER 302.

AN ACT TO INCORPORATE THE DERRY GAS, HEATING AND LIGHTING

COMPANY.

Corporation
constituted.

Purposes;
capital stock.

Section

1. Corporation constituted.

2. Purposes; capital stock.

3. Right to lay pipes. •

4. First meeting.

Section

5. Prior act repealed.

6. Subject to repeal.

7. Takes effect on passage.

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

Section 1. Harrj W. Wilson, Frank jST. Young, Hector E.
Bidwell, Guy D. Chadwick, Amos L. Proctor and Louis M. Packer
all of Derry in the county of Rockingham, their associates, suc-
cessors and assigns are constituted a body corporate and politic,
by the name of the Derry Gas, Heating and Lighting Company
and vested with all the powers and privileges and made subject
to all the restrictions and liabilities by law incident to corpora-
tions of a similar nature.

Sect. 2. The said corporation is authorized to hold such real
and personal estate as may be necessary and proper to enable them
to carry on the manufacture or sale and distribution of gas for
light, heat and power for the purpose of lighting the streets and
to furnish gas to the factories and public and private buildings in
the towns of Derry and Londonderry and to erect such buildings
and works and to construct such furnaces, reservoirs, gas holders,
gas pipes and oth.^r things as may be requisite and proper for

1911] Chapter 303. 355

such purpose ; 'provided the whole amount of the capital stock of
said company shall not exceed one hundred thousand dollars.

Sect. 3. The company shall have the right to lay gas pipes i^i^^ht to lay
and mains in any of the public highways in said Derry and Lon-
donderry and to relay and repair the same, subject to such regu-
lations as may be prescribed by said to-wns of Derry and London-
derry for the security of public travel and the health of said
towns.

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

Sect. 5. Chapter 194 of the session Laws of "^1905 entitled P^^°^^act re -
"An Act to incorporate the Derry Gas Light Company" is hereby
repealed.

Sect. 6. The legislature may at any time alter, annul or subject to
repeal this act.

Sect. 1. This act shall be in force immediatelv on its passage. Taites effect

on passage.

[Approved March 22. 191 L]

CHAPTEE 303.

AN ACT LEC^ALIZIXG THE BIENNIAL ELECTIONS HELD BY THE
INHABITANTS OF WARD 3, FRANKLIN, SINCE THE YEAR 1895.

Section
1. Elections legalized.

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

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

Section 1. That the votes and proceedings at all biennial Elections
elections held by the inhabitants of Ward 3, Franklin, since the
year 1895, are hereby legalized and confirmed.

Sect. 2. All acts and parts of acts inconsistent with this act ^i|use'."a^t
are hereby repealed and this act shall take eft'ect upon its passage, takes effect

•J ^ '^ ^ o on passage.

[Approved March 23, 1911.]

356

Chapters 304, 305.
CHAPTER 304.

[1911

AlSr ACT IlSr AMEiVDMENT OF CHAPTER 120 OF THE LAWS OF 1879,
ENTITLED "an ACT TO INCORPOEATE THE rXITAEIAJS^ EDUCA-
TIONAL SOCIETY."''

Section
1. Power to hold property.

Section
2. Takes effect on passage.

Power to hold
property.

Takes effect
on passage.

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

Section 1. Section 2 of chapter 120 of the Laws of 1879 is
hereby amended by striking out in the third and fourth lines of
said section the words ''to an amount not exceeding fifty thousand
dollars," and inserting in place thereof the Avords without limit
as to its value, so that said section as amended shall read as fol-
lows: Sect. 2. Said corporation may establish an institution
of learning for the instruction of youth in the arts and sciences
and all useful knowledge ; may hold real and personal property
without limit as to its value ; may take, manage, or dispose of all
gifts, bequests, or donations, given, bequeathed, or bestowed upon
the said corporation, in such manner as shall be deemed for the
best interests of the corporation.

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

[Approved March 24, 1911.]

CHAPTER 30.5.

AN ACT TO CORRECT CLERICAL ERRORS IN SECTIONS 3 AND 5 OF AN
ACT APPROVED JANUARY 25, 1911, ENTITLED "aN ACT RELATING
TO A soldiers" and SAILORs" MONUMENT IN THE TOWN OF
LITTLETON."

Section

1. Clerical errors corrected.

2. Same subject.

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

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

Clerical error;
corrected.

Section 1. Section 3 of an act approved January 25, 1911
entitled, "An Act relating to a Soldiers' and Sailors' Monument
in the ToMm of Littleton" is hereby amended by striking out the
word "of" before the words following, viz ; "the donor of the
monument," and substituting therefor the word with ; also bv
striking out in the same section the words "which they proposed"

1911] Chapter 305. 357

before the words following, viz; •"shall be shown by a plan" and
substituting for the words to be stricken out the words following,
viz ; agreed upon by the parties aforesaid ; also by striking out in
the same section the word "surve^'ed" before the words following.
viz; "all of which shall be placed on the town records," and sul>
stituting for the word stricken out the word survey; so that said
section 3 as amended shall be read as follows, viz ; Sect. 3. The
selectmen of the town by agreement with the donor of the monu-
ment in writing, signed by both of said parties and filed in the
town clerk's office may alter the site of said monument so that
the center of the proposed circular plot on which the monument
is to be placed shall be at some other point than the one now
designated for it, but the plot as changed shall be distant from
the plot as now located and surveyed not more than ten feet,
reckoning the distance from the center of the plot as first
designated and located to the center of the changed location, —
provided that the change authorized by this section shall not be
made after the preparation of the ground for the erection of the
monument shall have been begun, and provided the change of
location agreed upon by the parties aforesaid shall be shown by
a plan and survey, all of which shall be placed on the town records.
In case a change in the location of the site of said monument
shall be made under the provisions of this section, that part of
the higliAvay which may be occupied by such altered location
without a vote of discontinuance by the town is hereby discon-
tinued as a public highway and such altered plot or site of said
monument shall be forever set apart and maintained by said town
as the site of said monument.

Sect. 2. Section 5 of said act approved January 25, 1911 same subject,
as aforesaid is hereby amended by striking out the word ''to" before
the words following, viz ; "this act" and substituting for the word
stricken out the word with so that said section 5 as amended shall
read as follows, viz ; Sect. 5. All acts and parts of acts incon-
sistent with this act are hereby repealed.

Sect. 3. All acts and parts of acts inconsistent with the pro- Repealing
visions of this act are hereby repealed and this act shall take effect takefeffect
upon its passage. ^"^ passage.

[Approved March 24, 1911.]

358

Chapters 806, 307
CHAPTER 306.

[1911

AlSr ACT TO AMEXD, AX ACT ENTITLED AN ACT TO IXCOEPOKATE
THE YOUNG MEX'S CHRISTIAN ASSOCIATION OF POETSMOUTH^
NEW HAMPSHIRE/" APPROVED MARCH 4, 1891.

Section
1. Power to hold property.

SECTION

2. Takes effect on passage.

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

Power to hold Section 1. Amend section 2 of said act bv striking out all

property *• *^

of said section and inserting the following: Sect. 2. This
association is hereby authorized to hold real and personal estate
for its use, to the value of two hundred thousand dollars. Its
real estate to the value of fifty thousand dollars is hereby exempt
from taxation.

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

Takes effect
on passage.

[Approved March 24, 1911.]

CHAPTER 307.

AN ACT TO AUTHORIZE THE CITY OF S0:MERSW0ETH TO ESTABLTSTC
AND MAINTAIN A LIGHT AND POWER PLANT.

Section

1. Acquisition of property authorized:

damages, how assessed.

2. Lighting commissioners provided

for.

3. Powers and duties.

"CTION

4. Accounts, how kept.
3. Appropriations authorized.
6. Repealing clause; act takes effect on
passage.

Acquisition of
property au-
thorized;

how assessed.

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

Section 1. That the city of Somersworth. in the county of
r- traiford, be and hereby is authorized, for the purpose of lighting-
its streets and public buildings, and for the use of its citizens and
for other purposes, to take or purchase franchises and property
of any light or power company that is now, or may hereafter be.
doing a light or power business in said city of Somersworth,
including dynamos, batteries, wires, engines, boilers, and all other
machinery, tools and apparatus used in the manufacture, distri-
bution and operation of such light or power plant in said city of
Somersworth. and the land and buildings connected and used
therewith; and should said citv of Somersworth and such light
or power company be unable to agree upon what is a fair and
equitable price for their property, either party may apply to the

1911] CHA.PTER 307. 359

superior court for said county of Strafford, at a trial term thereof,
for appraisal of the value of said property, rights and franchises :
and said court shall refer the question to three disinterested
referees to be selected and appointed by a judge of said court for
that purpose; and said board of referees shall as soon as may be
thereafter, fix a time for hearing said parties and their witnesses,
and report their findings to the superior court, which shall issue
its decree thereon ; and provided further, that if either party shall
elect a trial by jury, upon application to said court for said
referees, a trial by jury shall be had in such manner and under
such regulations as said court may prescribe ; and after such pur-
chase or taking, the said city for the purpose aforesaid, may erect
and maintain poles and extend wires over or under the streets in
said city, and may take, purchase and hold in fee simple, or
otherwise, any real or personal estate and any rights therein,
necessary for carrying into effect the purposes of this act; and
may purchase, erect, construct, and maintain such machinery,
dams, reservoirs, buildings and other things as may be necessary
for said light and power plant, and to excavate and dig ditches
in any highway, place, square, passway or common, or other place,
through which it may be deemed necessary and proper to construct
said light and power plant, and to relay, change and repair the
same at pleasure, having due regard for the safety of its citizens
and the public travel ; and said city may purchase light and power
from other producers whenever it is deemed necessary.

Sect. 2. The immediate management, control and direction Lighting com-
of the light and power plant of the city shall be vested in a boarf' provided for.
of three commissioners to be chosen by the mayor and council of
said city of Somersworth, and they, the said commissioners may
appoint a superintendent of the said plant, and such other agents
or servants as they may deem necessary. 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.

Sect. 3. Said commissioners shall have the control and man- Powers and
agement of the construction of said plant, wires and pipes, and make ^^^^^^'
all such contracts and agreements, for and on behalf of the city
in relation thereto as the city is hereby authorized to make, and
as they may deem proper and advisable, and shall have full charge
and control over said plant, wires and pipes when constructed.
They shall establish rates and tolls and prescribe rules and regu-
lations for the use of light and power, and may sell and dispose
of such articles of personal property connected with said plant
as they shall deem expedient, and may purchase such propertv as
may be in their judgment necessary for said plant, and the ])ur-
poses contemplated by this act; and they shall annually make a
detailed report to the city of the condition of the plant and its
svstom of wires and pipes, and the funds belonging to this depart-

360

Chapter 308.

[1911

Accounts,
how kept.

Appropria-
tions author-
ized.

Repealing
clause; act
takes effect
on passage.

ment, and expenses and income thereof, which shall be published
in the city report of each year.

Sect. 4. All moneys received in any way on account of said
light and power plant shall be paid into the city treasury and shall
be kept and applied exclusively for the uses of said light and
power plant, including the payment of the bonds issued under
this act and the interest thereon; and all bills and claims for
expenditure connected with said plant shall be paid only by
orders drawn by the commissioners, and the city treasurer shall
keep his accounts relating to the light and power plant, including
all bonds and notes of the city given from loans and money raised
for said plant, separately and distinctly from all other receipts
and pajmients.

Sect. 5. The mayor and council of said city of Somersworth
are hereby authorized to raise and appropriate and to borrow and
hire such sums of money, not to exceed thirty thousand dollars,
on the credit of the city, as may from time to time be deemed
necessary for the purpose of defraying the expense of purchasing
real estate, water rights and privileges, and other rights, ma-
chinery and property as aforesaid, and for constructing, main-
taining and operating said light and power plant, and for the
pa\mient of machinery and other necessary appliances purchased,
and to issue notes or bonds of the city therefor in such amounts
and payable at such times and at such rates of interest as may
be thought proper, and may exempt such notes and bonds from
taxation when held by the inhabitants of the city.

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

[Approved March 28, 1911.]

CHAPTER 308.

AN ACT IX AMEX'DMEXT OF CHAPTER 153 OF THE LAWS OF 1905,
ESTABLISHING A BOARD OF POLICE C0M:N[ISSI0XERS FOR THE
CITY OF KEENE.

Section

1. Board, how constituted; tenure c'

office.

2. How removed.

Section
3. Quarterly report to mayor and al-
dermen.

Be it enacted hy the Senate and House of Bepresentatives f/?.
General Court convened:

Board, how Sectton 1. Sectiou 2 of chapter 153 of the Laws of 1905 is

tenure of of- hereby repealed and the following section substituted in its nlace:

Sect. 2. The board of police commissioners shall consist of

1911] Chapter 308. 361

three members who shall be elected by the legal voters of the city
of Keene at its annual election of officers. Said commissioners
shall hold office for a term of six years from the first Tuesday of
January or until their successors are elected and qualify. Of
the three persons first elected to constitute said board the one
receiving the highest number of votes shall hold office for six
years, the one receiving the second highest shall hold office for
four years and the one receiving the lowest number ghall hold
office for two years, so that after the first board of commissioners
is elected, only one commissioner shall be elected every two years
by the legal voters of said city. In case of a tie vote at the first
election the tie shall be determined by the city clerk and said
clerk shall in the presence of the candidates draw lots to decide
which candidate shall hold the longer term of office. Any vacancy
in said board shall be filled by the mayor and board of aldermen
of said city and such persons thus appointed shall hold his office
until the next annual election when the vacancy shall be filled by
election. ISTo commissioner shall hold any other municipal office
during his term as commissioner and all commissioners shall have
been residents of said Keene for at least five years immediately
preceding the date of their election.

Sect. 2. Section 3 of said chapter is hereby repealed and the How removed,
following substituted in its place : The mayor and board of alder-
men shall have full power to remove any commissioner at any
time after a fair hearing and for just cause.

Sect. 3. The words "and annually to the governor in the Quarterly re-
month of December" in the second and third lines of section 7 of and aldermen,
said chapter, and the words "the governor and council, and to"
in the fifth line of said section are hereby stricken out so that
said section shall read, The said board shall make a detailed
report of its doings quarterly to the mayor and aldermen of saifl
citv. The records of said board shall at all times he open to the
inspection of the citizens of Keene.

[Approved :\rarch 2S, 101 1.]

362

Chapters 809, 310.

[1911

CHAPTER 309.

AX ACT IN AMENDMENT OF CHAPTER 213 OF THE LAWS OF 1891
OF SAID STATE^ ENTITLED "aN ACT TO INCORPORATE THE NASHUA
YOUNG MEN''s CHRISTIAN ASSOCIATION."

Section
1. Exemption from taxation.

Section
2. Takes effect on passage.

Exemption
from taxa-
tion.

Takes effect
on passage.

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

Section 1. Amend chapter 213 of the Laws of 1891 of said
state by striking out the whole of section 5 thereof and substi-
tuting the following: Sect. 5. All property, real or personal,
of said Young Men's Christian Association of ISTashua shall be
exempt from taxation so far as the same is and shall be devoted
to and used for the purposes of said association.

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

[Approved March 28, 1911.]

CHAPTER 310.

AN ACT AUTHORIZING THE TOWN OF HAVERHILL TO APPROPRIATE
A SUM NOT EXCEEDING THREE HUNDRED DOLLARS FOR THE
OBSERVANCE OF THE ONE HUNDRED AND FIFTIETH ANNIVERSARY
OF THE INCORPORATION OF THE SETTLEMENT OF THE TOWN.

Section
1. Authority granted.

Section
2. Takes effect on passage.

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

Authority
granted.

Takes effect
on passage.

Section 1. The town of Haverhill is hereby authorized to
raise and appropriate a sum not exceeding three hundred dollars
for the purpose of observing the one hundred and fiftieth anni-
versary of the incorporation and settlement of the town of
Haverhill.

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

[Approved March 28, 10 11.]

1911] Chapters 311, 312. 363

CHAPTER 311.

AN ACT IN AMENDMENT OF "aN ACT TO INCORPORATE THE NORTH
CONWAY & MOUNT KEARSARGE RAILROAD/' PASSED JUNE SESSION,
1883, AND ALL SUBSEQUENT ACTS RELATING TO THE SAME.

Section j Section

1. Time for building extended. 1 2. Takes effect on passage.

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

Section 1. The time for completion of the Xorth Conway &- buudinTex-
Moimt Kearsarge Railroad is hereby extended to the first day of tended.
July, 1913.

Sect. 2. This act shall take effect npon its passage. on'^pLsage*

[Approved March 28, 1911.]

CHAPTER 312.

AN ACT TO incorporate THE WALPOLE <fe ALSTEAD STREET RAIL-
WAY COMPANY.

Section Section

1. Corporation constituted; purposes. 7. Rights reserved to towns.

2. Capital stock. 8. Company to keep highways in re-

3. How laid out in highways.

4. How laid out elsewhere.

5. Location of tracks.

pair.
9. Subject to general law.
10. First meeting.

6. Selectmen may make certain regu- 11. Takes effect on passage; void as to

lations. parts not built within four years.

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

Section 1. That James Barrett, Daniel W. Connors, P. E. StkSS:
Griffin, Wm. J. King, M. H. Murphy, Horace A. Perry, E. K. purposes.
Seabury, F. A. Spaulding and F. F. Shepard, of Walpole in the
county of Cheshire; F. J. Marvin, H. P. Abbott and H. B.
Chapin of Alstead in the county of Cheshire ; Geo. A. Weston of
Bellows Falls, Vermont ; and Dennis A. Blakeslee and Samuel C.
Morehouse of Xew Haven, Connecticut, their associates, succes-
sors and assigns are hereby made a corjioration by the name of
The Walpole & Alstead Street Railway Company, with power to
construct, maintain and operate railways with convenient sidings,
poles, wires, turnouts, and switches from the westerly border of

364

Chapter 812.

[1911

New Hampshire in the town of Walpole, on the bridge across
Connecticut river, erected above the dam of the Bellows Falls
Canal Company, and extending from the village of Bellows Falls
in the state of Vermont, to the village of Xorth Walpole in Xew
Hampshire, thence running across said bridge and northerly-
through said village of Xorth Walpole to the northerly line of
said town of Walpole ; also from the westerly border of Xew
Ham]ishire in said town of Walpole, on the formerly so-called
Old Toll bridge, extending from said village of Bellows Falls to
said Walpole, and across said bridge and thence southerly in the
town of Walpole to and through the village of Walpole in said
Walpole, and from said line of railway at some convenient point
easterly of Cold River, so called, in said Walpole, running thence
easterly through said Walpole and Alstead town to and through
the village of Alstead ; and in said towns said street railway may
be constructed upon and over such highways and lands as may be
necessary ; and it may also construct and maintain suitable build-
ings, water and other motors, engines, electric and other machin-
ery for the generation of electricity or other motive power, except
steam, for the operation of said railway.
Capital stock. Sect. 2. The Capital stock of said corporation shall not ex-
ceed one hundred and fifty thousand dollars ; and shall be divided
into shares of a par value of one hundred dollars each ; but said
company may issue capital stock and bonds to such an amount
only as may be necessary to construct and equip said railway,
including 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 its capital stock and bonds to be issued from time
to time shall be determined and issued in accordance with the
provisions of chapter 27, section 17, Laws of 1895, or any amend-
ments thereto.

Sect. 3. All parts of said railway occupying any portion of
the public highways or streets shall be located thereon by the
selectmen of the town in which said portion of highways or streets
may be. The selectmen of said towns respectively, upon the petition
of the directors of said railway for a location of its tracks on or
over any public high^vay 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 town ; and after a public hearing of all persons
interested, they may make an order granting the same, or any
portion thereof, under such restrictions and u]')on 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 petition of any party inter-
ested, and after a ]mblic hearing of all parties, the same may be
changed at any time to other parts of the same highway or street

How laid out
in highways.

1911] Chaptek 312. 365

by subsequent 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 change in location
shall be apportioned by the board of railroad commissioners be-
tween the railway and the town as such board may deem just.
The selectmen of such town shall assess damages to abutters,
subject to the right of appeal, in the same manner as now provided
by law in the laying out of highways.

Sect. 4. All parts of said railway not located in a P^ddic ^°^'^j|^j,J °^'^
highway shall be laid out, located, and the location changed under
the provisions of chapter 158 of the Public Statutes or any amend-
ment thereto ; the said railway cor])oration and all persons whose
property shall be taken for its use, shall have, respectively, all the
rights and privileges and be subject to all duties, restrictions, and
liabilities contained in said chapter or amendments thereto.

Sect. 5. The selectmen of th^ to\^ms through which the said l',llf^°'' °*
railway 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
hii>hway, whenever they deem that the convenience and safety of
the public require such discontinuance, without incurring any
liability therefor ; and from such orders there shall be no appeal.

Sect. 6. The selectmen of the towns through which said rail* ^ay'^'make
way shall pass, respectively, may designate the quality and kind certain regu-
of materials to be used in the contruction of said railway within
said towns, 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 respective
towns, as to the rate of speed, the manner of operating said
railway, the construction of tracks, poles, wires, switches, and
turnouts within any highway in their respective towns, as the
interests or convenience of the public may require ; and all desig-
nations, orders, rules, and regulations thus made or established
and all locations made by the selectmen shall be forthwith re-
corded in the records of said respective towns. The railway com-
pany, or any person interested, may at any time ai^peal from such
designations, orders, rules and regulations thus made and estab-
lished to the board of railroad commissioners, who shall, upon
notice, hear the parties and finally determine the questions raised
by said appeal.

Sect. T. Said towms, for any lawful purpose, may take up Rights re-
and repair hishwavs occupied bv said railway, or mav alter hiffh- fe^ved to

1 "- . 1 1 T . t' . . ' ,. V -T • 1 towns.

ways as authorized by law, without incurring any liability to said
corporation.

366

Chapter 318.

[1911

Company to
keep highways
In repair.

Subject to
general law.

First meeting.

Takes effect
on passage;
void as to
parts not
built within
four years.

Sect. 8. Said railway corporation shall keep in repair, to the
satisfaction of the superintendent of streets, street commissioners,
road commissioners, or surveyor of highways, in the respective
towns, 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 carelessness, negligence, or misconduct of
its agents and servants in construction management or use of its
tracks.

Sect. 9. Said railway corporation shall be subject to all the
provisions of the general laws, except as modified by the pro-
visions herein.

Sect. 10. Any three of the grantees may call the first meet-
ing by publication or by giving personal notice to the other
grantees at least ten days prior to the time of meeting.

Sect. 11. This act shall take effect on its passage, but shall
be void and inoperative as to all parts of said railway not con-
structed and ready for operation within four years from its
passage.

[Approved March 30, 1911.]

CHAPTER 313.

AN ACT IN RELATION TO THE NEW HA:MPT0N VILLACtE FIRE

rUECTXCT.

Section

1. Name of precinct.

2. Prior acts ratified.

I .''FCTTON

I 3. Takes effect on passage.

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

Name of pre-
cinct.

Prior acts
ratified.

Section 1. The fire precinct established in 1887, under the
general law, in the village of Xew Hampton, in the iovm. of ISTew
Hampton, shall hereafter be known as the ITew Hampton Village
Fire Precinct.

Sect. 2. All business heretofore transacted and all votes
passed or acts done under the name of the ISTew Hampton Village
Fire District, or the !Rew Hampton Fire District, or the ]!^ew
Hampton Fire Precinct, or under any other name for and on

1911] Chapter 31^ 367

behalf of the New Hampton Village Fire Precinct, are hereby
ratified and confirmed.

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

Takes effect
on passage.

[Approved March 30, 1911.]

CHAPTEK 314.

AN ACT TO ESTABLISH A LIGHTING PRECINCT IN WEST CONCORD.

Section

1. Precinct established; boundaries.

2. Precinct a corporation; powers.

3. Precinct officers.

4. Appropriations and accounts.

5. First meeting.

Section

6. Jurisdiction of board of public

works

7. Takes effect, when.
S. Repealing clause.

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

Section 1. A street-lighting precinct is hereby established in f rec'nct es-

. ^ ^ '- . "^ . ., tablished;

ward three of the city of Concord, to comprise the territory, witli boundaries,
its inhabitants, situated within the following described limits : —
Beginning at an elm tree designated by a bench mark cut thereon,
located on the westerly shore of the old channel of the Merrimack
river, near the northerly end of said channel, on land formerly
owned by George W. Brown ; thence running northeasterly by the
westerly shore of said old channel, across the track of the Northern
Railroad, to the main channel of said Merrimack river ; thence
northerly by the center line of said river to Sewall's Falls bridge ;
thence southwesterly, by the northerly and westerly line of Se-
wall's Falls Bridge road, to the southeasterly corner of the West
(Concord cemetery; thence along the southerly line of said cem-
etery to the southwesterly corner thereof ; thence in a straight
line, across the highway leading from Concord to Penacook and
the track of the Concord & Claremont Railroad, to the north-
easterly corner of land of the estate of Edward S. Parmenter;
thence by the northerly line of the land of said estate to the
northwesterly corner thereof ; thence southerly, by the westerly
boundary line of the land of said estate and land of George R.
Parmenter and Daniel Crowley, to a point on said boundary line
two hundred feet northerly of Hutchins street ; thence westerly,
on a line parallel to said Hutchins street and the West Parish
road, to the westerly boundary line of land of the estate of Patrick
Ryan ; thence southerly, along the stone wall forming said boun-
dary line, to the highway ; thence across said highway, and alonii:
the westerly side of th% roadway leading to the dam of the Concord

368 Chapter ;iii. [1911

Water Works, to said clam ; thence in a straight line along the
westerly rail of said dam, and to a point three hundred feet
southerly of Lake street ; thence easterly and southerly, on a line
parallel to said Lake street, to a point five hundred and fifty feet
westerly from the center of the track of the Concord & Claremont
Railroad ; thence southerly, on a line parallel to said railroad, to
the northerly line of land formerly o^vned by Wilkins, Foster and
Clough; thence easterly, by the northerly boundary line of said
Wilkins, Foster and Clough land and by an extension of said
line, across North State street to the track of the Concord & Clare-
mont Railroad; thence along the center line of said railroad to
its intersection with the southerly line of ward three ; thence-
easterly, by the southerly line of said ward, to a point five hundreit
feet westerly of the center of the track of the Northern Railroad ;
thence northerly, on a line parallel to said railroad, to the old
channel of the Merrimack river ; thence northerly, by the westerly
shore of said old channel, to the elm tree first mentioned. Said
precinct shall include all territory within the above described
limits, whether lying in ward three or not, except a certain tract
of land with the buildings thereon, situated on the easterly side
of Sewall's Falls Bridge road and now owned and occupied by
Fred L. Besse, which is hereby excluded from said precinct.
Said precinct shall also include all real estate now owned by the
Concord Electric Company on the Merrimack riAcr between the
elm tree first mentioned and Sewall's Falls bridge, whether em-
braced within the above described limits or not, and two certain
tracts of land with the buildings thereon, situated outside said
limits on the westerly side of Sewall's Falls Bridge road, formerly
owned by J. M. Stewart and Cyrus R. Farnum respectively and
now owned by said Concord Electric Company. Provided, Jiow-
ever, that the real estate mentioned in the preceding sentence,
together with the real estate of the Concord Electric Company
lying within the general limits hereinbefore defined, shall con-
stitute a part of said precinct so long only as the precinct's light-
ing service shall be furnished by said company or its successors
or assisrns, and shall be excluded therefrom whenever the precinct
shall obtain its street lights from other sources.
Precinct a ^ Sect. 2. The inhabitants of the above described territory are

powers. ' hereby made a body politic and corporate under the name of the
West Concord Lighting Precinct, for the purpose of lighting the
streets and highways within said territory or its more thickly
settled portions ; and in relation to such lighting said precinct
shall have all the powers and privileges with which towns, or
village districts organized under charter 53 of the Public Statutes
or amendments thereof, now are or hereafter may be invested in
relation to like objects. At its first meeting, any subsequent
annual meeting, or any special meeting called for the luirpose,
by majority vote of the legal voters ]n'escnt and voting at such

1911] Chapter 314. 369

meeting, said preciuct may contract or authorize its commissioners
to contract with individuals and corporations for lighting any of
the streets and highways within said territory by electricity or
otherwise, and may raise and appropriate, or authorize its com-
missioners to borrow and hire on the credit of the precinct, sucli
sums of money as may from time to time be deemed necessary or
advisable for carrying out the provisions of such contracts or
otherwise effectuating the purposes of this act.

Sect. 3. The officers of said precinct shall consist of a mod- Precinct offl-
erator, a clerk, three commissioners, and such other officers and
agents as the voters thereof may deem necessary for managing the
l^recinct's affairs. The city treasurer of Concord shall act as
treasurer of the precinct. Said moderator, clerk and commis-
sioners shall be elected by ballot, by majority vote of the legal
voters present and voting, at the first and each subsequent annual
meeting of the precinct, shall hold office until the next annual
meeting and until their successors are chosen or appointed and
qualified, and shall respectively possess and perform the same
powers and duties in respect to the precinct's meetings and busi-
ness affairs that corresponding officers of village districts organ-
ized under chapter 53 of the Public Statutes possess and perform
in respect to like matters. Said commissioners shall fill any va-
cancies arising in their own liody or in any other precinct office
in the manner provided in section seven of said chapter, shall
execute on behalf of the precinct all contracts or notes authorized
by it, shall have supervision of the carrying out of all votes
adopted by the precinct with reference to street lighting, and may
exercise any other powers possessed by the precinct which may
be conferred upon them by majority vote of the legal voters
present and voting at a precinct meeting except the raising and
appropriation of money.

Sect. -i. All votes to raise money by taxation shall be certified Appropna-
by the clerk of said precinct to the assessors of the city of Con- co^uuts^""^ ^''
cord, the sums so voted shall be assessed and collected in the same
manner as other taxes in said city, and aggrieved parties shall
have the same remedies as in the case of such other taxes. The
city treasurer shall keep a separate account of the funds belonging
to the precinct, and the same shall be expended by the ]:»recinct
commissioners, who shall draw orders upon said treasurer for
the pavment of all accounts and claims against the precin^"
allowed by them and take proper vouchers therefor. At eac'^
annual meeting of the precinct, said commissioners shall render
to the voters thereof an account of their doinss and of the receipts
and exnenditures of the precinct for the vear preceding.

Sect. 5. TTpurv H. Chase, John G. Tallant and Joseph E First meeting.
Shepard. or either of them, may call the first meeting of the leo'al
voters of said nrecinet. in the same manner that town meetino-s
are called bv the selectmen. Said first meetino' shal' be bohl a<

370

Chapter 315.

[lyll

Jurisdiction of
board of pub-
lic works.

Takes effect,
■when.

Repealing
clause.

soon as may be after tlie passage of this act, and the subsequent
annual meetings of the precinct beginning with the year 1912,
shall be holden in the month of March in each year.

Sect. 6. liothing herein contained shall affect the jurisdiction
of the board of public works, under the revised charter of said
city of Concord (Laws of 1909, chapter 305), to prescribe and
change the particular locations of such poles, wires and other
structures as said precinct or its officers may establish in any
streets or highways under the provisions of this act, and to make
such other orders regarding the same as may be required by the
public safety or convenience in the use of said streets or highways.

Sect. 7. So much of this act as provides for calling and hold-
ing the first meeting of said precinct shall take effect upon the
passage hereof, and the first business transacted at such meeting
shall be the choice of a moderator and clerk pro tempore and the
taking of a vote upon the adoption of this act. If the same is
adopted by a majority vote of the legal voters present and voting
at such meeting, the remainder of this act shall take effect imme-
diately upon such adoption, and said meeting may thereupon
proceed to elect permanent officers and transact any other business
herein authorized. If not so adopted, this act shall be void.

Sect. 8. All acts and parts of acts, and all ordinances or parts
of ordinances of said city of Concord, inconsistent herewith, are
hereby repealed and annulled to the extent of such inconsistency.

[Approved March 30, 1911.]

CHAPTER 315.

AN ACT TO AMEXD SECTION 4 OF CHAPTER 189 OF THE SESSION
LAWS OF 1903, AS AMENDED BY CHAPTER 157 OF THE SESSION
LAWS OF 1905, AND KNOWN AS "aN ACT IN AMENDMENT OF THE
CHARTER OF THE CITY OF DOVER^ CREATING A BOARD OF POLICE
COMMISSIONERS FOR SAID CITY, AND FIXING THE SALARIES OF
THE OFFICERS IN THE POLICE DEPARTMENT.'"

Section
1. Police force, how constituted;
pensation of police, etc.

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

Be it enncted hy the Senate and House of Eepjrsentrilires in
General Court conrened:

Police force, Section 1. Scctioii 4 of chapter 189 of the session Laws of
tuted: com- 1903, as amended by chaDter 157 of the session Laws of 1905, is
poiice!'Ttc.°^ l.eroby amended, hy striking out nil r»f said section 4. and sub-

1911] Chapter 815. 371

stitutiiig in its place, the following, so that said section 4, us
amended, shall read: Sect. 4. The police force of said city
shall consist of a city marshal, assistant city marshal, captain of
the watch, police officers and constables not to exceed twelve in
number, who shall devote such time to the performance of their
duties as may be required by the commissioners. Said officers
shall not engage in any other business or occupation, or hold any
state, county, or municipal office, except as aforesaid. The board
shall have the power to appoint as many special officers as may
be considered necessary, who shall perform such service as may be
required of them by the rules and regulations of the board. Spe-
cial officers shall exercise, when on duty, all the powers of police
officers and constables, under the laws of the state. The compen-
sation of the city marshal shall be at the rate of twelve hundred
dollars per annum ; the assistant marshal at the rate of one thou-
sand dollars per annum ; the captain of the watch while on duty,
at the rate of nine hundred and twenty dollars per annum; each
police officer, while on duty, at the rate of nine hundred dollars
per annum ; each special police officer, while on duty, such sum
as the commissioners may designate ; but in no event to exceed
two dollars and fifty cents per day. The salary of the police
justice of said city shall be nine hundred dollars per annum, the
salary of the special justice of said police court shall be three
hundred dollars per annum ; the salary of the clerk of said police
court shall be four hundred dollars per annum. The compensa-
tion of said board of police commissioners shall be five hundred
dollars per annum, to be divided as said board may determine.
All the above salaries, as well as the necessary expenses of the
commissioners, to be paid monthly by said city of Dover, and to
be in full for all services rendered, as well as all fees in criminal
cases, which shall, in all cases, be paid to the city.

Sp:ct. 2. All acts and ])arts of acts inconsistent with this act Repealing
are hereby repealed, and this act shall take eifect upon its passage, takes effect

'~ on passage.

[Approved March 30, 1911.]

372

Chapter 316.

[I'Jll

CHAPTER 316.

AN ACT TO PROVIDE FOE THE APPOINTMENT OF A COMMITTEE TO
REVISE THE CHARTER OF THE CITY OF KEENE.

Section

1. Committee provided for.

2. Duties of committee.

Section

3. To be paid expenses only.

4. Takes effect on passage.

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

Committee
provided for.

Duties of
committee.

To be paid
expenses only.

Section 1. The mayor of the city of Keeiie shall appoint as
soon as may be, subject to confirmation by the city council in
joint convention, three suitable persons, who, together with said
mayor and city solicitor of said city, 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 two of them shall belong to the same political party. When
said appointments are made and confirmed, the city clerk 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, who shall be chairman of the committee, shall organize
by choosing one of their members as clerk.

Sect. 2. It shall be the duty of said committee to consider
and determine Avhat changes, if any, are desirable in the charter
and other existing laws for the government of said city and its
precincts and school districts, and to report with reference thereto
for the information of the general court at its next session. They
shall acquaint themselves with the provisions and practical opera-
tion 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 practicable and useful for the
foregoing purpose. They may require any public officer of said
city or its precincts or school districts to testify before them
relative to the affairs of his department, precinct or district, and
may employ such clerical or stenographic assistance as they find
necessary for the performance of their duties. On or before
January 1, 1912, they shall file with the secretary of state a
report containing a concise statement of their conclusions and a
draft of such amendment or of such new charter as they may
recommend, and the secretary of state shall cause a suitalTje
number of copies thereof to be printed for the use of the incoming
general court.

Sect. 3. Said committee shall receive no com])ensation for
their services but shall be reimbursed out of the citv treasnrv. nn

191 Ij Chapters 317, 318. 373

the order of the major, for any expenses reasonably incurred by
them in the discharge of their duties.

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

[Approved March 30, 1911.]

CHAPTER 31'

AN ACT TO EXEMPT FROM TAXATION THE PROPERTY OF THE
MEMORIAL HOSPITAL AT NORTH CONWAY^ N. H.

Section I Section

1. Property exempted. ' 2. Takes effect on passage.

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

Section 1. The real and personal property of the Memorial Property ex-
Hospital at I^orth Conway, IST. H., together with any additions ^™^'® "
thereto or improvements thereon, are and shall be exempt from
taxation, so long as said property may be used for hospital
purposes.

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

"-^ on passage.

[Approved March 30, 1911.]

CHAPTER 318.

AN ACT AUTHORIZING THE TOWN OF GILFORD TO APPROPRIATE A
SUM NOT EXCEEDING THREE HUNDRED DOLLARS TO CELEBRATE
THE ONE HUNDREDTH ANNIVERSARY OF THE INCORPORATION OF
THE TOWN OF GILFORD.

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 to'^Ti of Gilford is hereby authorized to raise Authority
and appropriate a sum not exceeding three hundred dollars for the ^'■^°'^^'^-
purpose of celebrating the one hundredth anniversary of the
incorporation of the town of Gilford.

Sect. 2. This act shall take effect upon its j^assage. Takes effect

on passage.

[Approved March 30. 1911.]

37"±

Chapter 319.
CHAPTER 319.

[1911

AN ACT TO i:mcoepoeati: the ossipee water and electric

COMPANY.

Corporation
constituted;
purposes.

Capital stock.

Meetings.

Power to hold
property.

Appropria-
tion of Dan
Hole pond.

Section

1. Corporation constituted; purposes.

2. Capital stock.

3. Meetings.

4. Power to hold property.

5. Appropriation of Dan Hole pond.

6. Additional powers.

7. Sale of water and power.

S. Erection of poles, etc.; damages,
how assessed.

Section

9. Contracts authorized.

10. Issue of bonds.

11. First meeting.

12. Reserved right of purchase by

town.

13. Purchase price, how determined.

14. Subject to repeal; takes effect on

passage.

Be it e^mcted hy the Senate and House of Representatives In
General Court convened:

Section 1. That George W. Bent, Lyford A. Merrow, Simon
O. Iluckins, and Albert W, Leigliton, and their associates, suc-
cessors and assigns, shall be and hereby are made a body politic
and corporate by the name of the Ossipee Water and Electric
Company, for the purpose of furnishing and distributing through
the villages of Ossipee, known as Ossipee Center, Mountain
View and Moultonville, by subterranean pipes an adequate
supply of water at any points within two miles of the Dan
Hole river, so called, for the purpose of extinguishing fires,
sprinkling streets, for the use of the citizens and for such
other purposes as water may be required, in said villages,
and for the purpose of lighting the streets and public
and private buildings therein, and furnishing the power for
mechanical and other purposes, and by that name may sue and be
sued, prosecute and defend to final judgment and execution, and
are hereby invested with all the powers and privileges and made
subject to all the liabilities incident to corporations of a similar
nature.

Sect. 2. The capital stock of said corporation shall consist
of such number of shares, not exceeding one hundred dollars each,
as may from time to time be determined by the directors of said
corporation, not exceeding on the whole the sum of fifty thousand
dollars.

Sect. 3. The annual and all special meetings of the corpora-
tion shall be held at such times and places, and upon such notice
as may be provided by the by-laws of the corporation.

Sect. 4. Said corporation is empowered to purchase, and hold
in fee simple or otherwise, any real and personal estate necessary
and proper for carrying into effect the purposes of this act.

Sect. 5. Said corporation is authorized to enter upon and
appropriate the waters of Dan Hole pond, so called, and of Dan
Hole river and streams tributary thereto, except that such appro-

1911] Chapter 319. 375

priatioii shall not be peniiitted at any point distant more than two
miles from said Dan Hole river, and is also authorized to dig-
ditches, make excavations and reservoirs through, over, in or upon
any land or enclosure in said town of Ossipee through which it
may be necessary for said pipes and said water to pass or said
excavations, reservoirs and water works to be, or exist, for the
purpose of obtaining, holding, preserving or conducting said water
and placing said pipes, other materials, or works as may be
necessary for building and operating such water and electric
works or repairing the same.

Sect. 6. Said corporation shall have the power and authority powSs."^^
to manufacture, manage, operate and deal in meters, motors,
machinery, and appliances connected with, incident to the use of,
and convenient for producing, developing, measuring, and util-
izing electricity and electrical agencies, for lighting, heating, and
mechanical purposes, and to distribute electricity through said
town of Ossipee.

Sect. 7. Said corporation shall have powder to regulate the use saie of water
of water and electricity distributed by it, to contract with indi-
viduals and corporations for the use of the same, and establish
such tolls and charge such rents as shall be deemed reasonable.

Sect. 8. And in addition thereto said corporation for the ^J'jl^g""^^ ^/
purposes aforesaid mav erect and maintain poles and extend wires damages, how
over or under the streets and highways in said town and may
erect, construct and maintain such machinery, dams, reservoirs,
stand-pipes, buildings and other things as may be necessary for
such water and electric light w^orks, also dynamos, batteries,
pumps, engines, boilers, mains and all other machinery, tools and
apparatus used in the manufacture, distribution and operation
of said water and electric light works. All acts authorized by
this and preceding section shall be subject to such regulations for
the safety of citizens and others and security of public travel as
may be prescribed by the selectmen of the town of Ossipee. Pro-
vided that if it shall be necessary to enter upon and appropriate
such pond, streams or land for the purposes aforesaid, to raise or
lower the level of the same, and the said corporation shall not
be able to agree wuth the owners thereof for the damages that may
be done by said corporation, or the owners shall be unknown,
either partv mav apply to the superior court for the county of
Carroll to have the same laid out and damages determined, and
said court shall refer the same to the county commissioners for
said county who shall appoint a time and place of hearing and
give notice thereof in the same manner as is now provided for
laying out highwavs ; and said commissioners shall make report
to said court, and said court may issue execution accordingly;
but if either partv shall desire it. upon ai^plieation to said court
before reference to said commissioners, he shall have a trial bv
jury under such regulations as the court may prescribe. Appli-

376

Chapter 319.

[1911

Contracts
authorized.

Issue of
bonds.

cations under this section may be made, notice ordered and re-
turned, reports filed, and all hearings had, except jury trials, on
any day or days during a session of said court in said county as
the court may order.

Sect. 9. Said corporation may make any contract with said
town of Ossipee or with any fire-precinct or precincts which may
be established in said town or with any person or corporation to
furnish water, hydrants, and other means and apparatus for
extinguishing fires, domestic, mechanical, and such other purposes
as may be necessary and proper, and for lighting by electric
lights ; and said town, or any fire precinct hereafter organized in
said town, is hereby authorized to contract with said corporation
for the use of said water hydrants, or other apparatus for the
proper uses of such town or precinct, and may raise and appro-
priate money therefor, or said town may exempt said corporation
from taxes for a period of ten years by a majority vote at any
town meeting.

Sect. 10. Said corporation may borrow money for the pur-
poses named herein and issue its note, bonds, or other obligations
therefor, and secure the same by mortgage upon the said corpo-
ration.
First meeting, Sect. 11. Any two of the Corporators herein named may call
the first meeting of the corporation by giving notice in writing
to each of the corporators of the time and place of the meeting
at least seven days before the day of meeting, or by leaving the
same at his last and usual place of abode, or by publishing the
same in some newspaper in the county; and at said meeting, or
any adjourned meeting thereof, or any subsequent meeting,
associates may be admitted, all proper officers chosen, the capital
stock fixed, and such by-laws and regulations adopted as may be
deemed necessary to carry into eft'ect the business of the corpo
ration.

Sect. 12. Said town of Ossipee shall have the right at any
time to acquire by purchase or otherwise from said Ossipee Water
and Electric Company, at a fair and equitable valuation all the
property, rights, privileges, and franchises of said corporation ; and
in fixing and agreeing upon the proper value of said Ossipee
Water and Electric Company, said town of Ossipee by its proper
officers is hereby authorized and empowered to agree with tlio
Ossipee Water and Electric Company, and its officers, in any
suitable method upon a disinterested commission of three or more
individuals who may appraise the true and equitable value of
said Ossipee Water and Electric Company, and the value so fixed
upon to be the purchase price for said property.

Sect. 13. Should said town of Ossipee be unal^le to agree
with said Ossipee Water and Electric Company upon a fair and
equitable price for its propertv in the manner ]u-ovided in the
above section of this act, application may be made to the superior

Reserved
right of pur-
chase by
town.

Purchase
price, how de
termined.

1911] Chai'TKH.s oiiU, o21.

377

court for the comity of Carroll, at the trial term thereof for tixiiig
the valuation of said property, rights, and franchises and said
court may refer the same to the county commissioners for said

county. Sub-ect to re

Sect. 14. This act may be altered, amended or repealed peai'r%aker'
whenever the public good requires, and shall take effect upon its l^^^^ °° p^^
passage.

[Approved March 30, 1911.]

CHAPTEE 320.

AN ACT TO RENEW THE CHARTER OF THE CALEDONIA TOWER

COMPANY.

Section | Section

1. Charter revived and renewed. I 2. Takes effect on passage.

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

Section 1. That chapter 307 of the Laws of 1903, approve^! Sewed.'' ''
March 31, 1903, entitled "An Act to Incorporate the Caledonia
Power Companv," be and hereby is re-enacted and renewed.

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

Takes effect
on passage.

[Approved ]\rarch 30, 1911.]

CHAPTEPt 321.

AN ACT TO AUTHORIZE THE TOWN OF ANTRi:\I TO ESTABLISH AND
:\rAINTAIN AN ELECTRIC LIGHT AND POWER PLANT AND FOR
LIGHTING ITS STREETS, ETC.

Sectton

1. Electric light and power plant au-

thorized.

2. Right of eminent domain.

3. Contracts authorized.

4. Management of plant.

5. Duties of selectmen.

Section
fi. Acnounts, how kept.
7. Appropriations authorized.
S. Adoption of act.

9. Repealing clause: act takes effect on
passage.

Be it enacted l)i/ the Senate and House of Ilepresentatlves in
General Court convened:

Section 1. The town of Antrim in the county of Hills- ^'^°^'"^<= "sht

1 1 • 1 1 1 • T 1 1 • ^^^ power

borougn is nereby authorized and empowered to contract, mam- plant author-
tain, manage and own a suitable electric light and power plant

378

Chapteu 321,

[1911

Right of emi-
nent domain.

Contracts au-
thorized.

Management
of plant.

for the purpose of introducing and distributing wherever advisable
throughout the town an adequate supply of light for lighting its
streets, and for the use of its citizens, and for other purposes and
for that purpose may take, purchase, and hold in fee simple or
otherwise, any real or personal estate, and any rights therein, and
water rights and privileges, and machinery necessary for carrying
into effect the purposes of this act, and to erect and maintain
poles and place wires for the transmission of electricity, or may
lay the same in subterranean pipes, through the lands of any
person or corporation, and under any railroad and under or over
any streets and ways of said town, and it may enter upon and
dig up any such real estate or way for the purpose aforesaid, and
change and repair the same at pleasure, having due regard for
the safety of its citizens and security of the public travel. Said
company shall not enter upon, construct or lay any conduits, pipes,
wires or other works within the location of any railroad corpo-
ration, except at such time and in such manner as it may agree
v.'ith such corporation, or, in case of failure so to agree, as may
be approved by the board of railroad commissioners.

Sect. 2. Said town is authorized and empowered to enter
upon, take and apjDropriate any stream, real estate, and any rights
therein and water rights, powers and privileges not in use by any
aqueduct or other company in said towui, and to purchase such
real estate, water rights, powers and privileges as may be deemed
necessary and expedient for said purposes, and dig ditches, make
excavations, erect poles and place wires, through, over, in or upon
any land or enclosure through w^hich it may be necessary to pass,
or said poles, wires or subterranean pipes to be or exist, for the
purpose of generating, transmitting, and supplying such elec-
tricity, and placing such poles, wires, subterranean pipes, or other
materials, or works as may be necessary for l)uilding and oper-
ating such electric light and power plant, or for repairing the
same ; provided, if it shall be necessary to enter upon and appro-
priate any streams, real estate, or rights therein, and water rights,
powers and privileges, for the purpose aforesaid, or to raise or
lower the level of the same, and if said town shall not agree witli
the owners thereof for the damage that may be done by said town,
or such owners shall be unknown, said town may take such
streams, real estate, or rights therein, and water rights, powers and
privileges, assess the damages, and the same remedies and pro-
ceedings may be had as in case of la.ying out highways.

Sect. 3. Said town is authorized and empowered to contract
with individuals and corporations for supplying them with light
or power, and to make such contracts and establish such regula-
tions tolls and rates for light and power or its use, as may from
time to time be deemed proper.

Sect. 4. The immediate management, control and direction
of the electric light and power plant of the town shall be vested

1911] (Chapter 321. 379

in the board of sclectnieii, and they may a})point a superintendent
of the works, and such other agents and servants as they may
deem necessary. 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.

Sect. 5. Said selectmen shall have the control and manage- Duties of se-
ment of the construction of said plant and system of wires, etc.,
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 said works when constructed.
They shall establish rates and tolls and prescribe rules and regu-
lations for the use of light and power, 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
purpose contemplated by this act; and they shall annually make
a detailed report to the town of the condition of the plant and its
system of wires, etc., and the funds belonging to this department,
and expenses and income thereof, which shall be published in the
tovm report of each year.

Sect. 6, All moneys received in any way on account of said Accounts, how
electric plant shall be paid into the town treasury, and shall be
kept and applied exclusively for the uses of said electric plant,
including the payment of the bonds issued under this act and the
interest thereon ; and all bills and claims for expenditure connected
with said plant shall be paid only by orders drawn by the select-
men, and the town treasurer shall keep his accounts relating to the
electric plant, including all bonds and notes of the town given
for loans and money raised for said plant, separately and dis-
tinctly from all other receipts and paym.ents.

Sect. 7. Said town is also authorized, at any annual meeting, uons°author-
by a major vote of the legal voters present and voting, or by i^ed.
majority vote of the legal voters at a special meeting, to raise and
appropriate and to borrow or hire, such sums of money, not to
exceed forty thousand dollars, on the credit of the town, as may
from time to time be deemed necessarv for the purpose of defray-
ing the expense of purchasing real estate, water rights, and
privileges, and other rights, machinery, and property as aforesaid,
and for constructing, maintaining and operating said electric
plant, and for the pavment of machinery, etc., purchased and to
issue notes or bonds of the town therefor, in said amounts and
payable at such times and at such rates of interest as may be
thought proper, and may exempt such notes and bonds from
taxation when held by the inliabitants of the town.

Sect. 8, Said town may acce])t and adopt the provisions of Adoption of
this act at anv annual meetina;, bv a major vote of the le2;al voters

380

Chapter 322.

[1911

Repealing
clause; act
takes effect
on passage

present and voting, or at a special meeting called for the purpose
when a majority of the legal voters of the town vote so to do.

Sect. 9. All acts and parts of acts inconsistent with this act
are hereby repealed, and this act shall take effect upon its passage.

[Approved April 6, 1911.]

CHAPTEK 322.

AN ACT TO INCOEPOEATE THE NUTE CHAEITABLE ASSOCIATION.

Section

1. Corporation constituted;

first meet-

5. Additional bequests.

ing.

6. Exemption from taxation.

2. Purposes.

7. Annual report to selectmen

3. Directors and officers.

8. Names not to be published

4. Investment of fund.

9. Takes effect on passage.

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

Corporation Section 1. That Everet F. Fox, Charles A. Jones, M. A. H.

first meeung. Hart, Harry L. Avery, Bard B. Plummer, Joseph H. Avery,
Walter E. Looney, Chas. D. Fox, Moses G. Chamberlain, and
their successors are hereby made a body corporate by the name
of the Nute Charitable Association, and shall have and enjoy all
the powers and privileges and be subject to all the liabilities
incident to corporations of a similar nature, and by that name
may sue and be sued. Harry L. Avery or Charles A. Jones may
call the first meeting of said association by letter mailed to each
member of said association at least seven days prior to the date
set for said first meeting.

Purposes. Sect. 2. Said corporation is hereby established to carry out

section xii subdivision (a) of the will of Lewis W. l^ute. late of
Boston, Mass., dated June 15, 1888 which is as follows:

"I give to my said trustees the following named sums upon the
trusts hereinafter set forth, viz: (a) The sum of fifty thousand
dollars in trust to pay over the net income thereof as often as once
in six months to my said brother, Samuel F. ISTute. during his
life; and at his death in trust to pay over and distribute the said
net income at their discretion to the relief of the deserving poor
of said town of IMilton, employing therein such individuals or
corporate agencies as they .shall see fit ; and with power at any
time to transfer and convey the principal of the trust fund to
any corporation which may be organized with the approval of
my trustees for the time beinc; for the purpose- of affording char-
itable relief to the poor of such town."

1911]

Chapter 323.

381

Skct. 3. Said corporation shall consist of nine who shall be Directors and
its directors, a majority of whom shall constitute a quorum, and officers,
they may elect from their number a president, secretary, and
treasurer, and all other necessary officers. The treasurer shall
give such satisfactory bonds for the faithful discharge of his
duties as the corjjoration may deem proper. The members may
fill any vacancy that may arise in their body. The place of
business of said corporation shall be in Milton, N. H.

Sect. 4. Said trust fund when turned over to said corpo- ofYun™*''^'^
ration shall be invested according to the laws of New Hampshire
governing the investment of trust funds.

Sect. 5. Said corporation may receive additional bequests qu^s'ts°°^' ^^'
for similar purposes.

Sect. 6. Said fund being held solely for the benefit of the Exemption

frorn ta.x3.-

deserving poor of said Milton is hereby exempt from taxation. tion.

Sect. 7. Said corporation shall on or before the first day of "^^^ t"^' ^^'
January of each year render a report to the selectmen of said
Milton, containing statement of funds on hand, how invested,
income received during the year, number of persons assisted, and
accounts of such assistance consistent with the terms of said will
and with the provisions of section 8 of this act.

Sect. 8. The name of any deserving poor helped by said cor- Names not to
poration shall not be made public. ^ ^"

Sect. 9. Said act shall take effect on its passage. Takes effect

J^ . o on passage.

[Approved April 5, 1911.]

CHAPTER 323.

AN" ACT TO EJ^ABLE THE CITY OF KEEXE TO PRESEEVE AND PROTECT
ITS WATER SUPPLY AND ITS PURITY.

Section

1. Acquisition of property authorized.

2. Damages, how assessed.

Section
3. Takes effect on passage.

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

Section 1. For the purpose of maintaining, preserving and Acquisition
protecting the water supply of the city of Keene and its purity, authorized.
said city is hereby authorized and empowered to purchase and
acquire any lands or real estate situated in the towns of Roxbury
and Marlborough and said city which it may deem necessary
therefor. Said city is further empowered to purchase and hold
shares of the capital stock of any corporation owning real estate

382

Chaptek 324.

[1911

Damages,
how assessed.

Takes effect
on passage.

or rights to quarry stone on real estate situated on the slopes of
Roaring brook in said Roxbury.

Sect. 2. In case said city shall not be able, in the opinion of
the city councils, to obtain and secure, on reasonable terms any
lands or real estate for the purposes mentioned in the foregoing
section, said city may apply to the superior court for the county
of Cheshire for the assessment of damages to the owner of such
lands or real estate. Said court, on notice to the parties interested
and a hearing, if it shall appear to the court that such lands or
real estate are reasonably necessary to said city for said purposes
and cannot be purchased or secured on reasonable terms, shall
assess and award damages to the owner of such lands or real
estate adjudged by said court to be reasonably necessary as afore-
said. Such assessment and award shall be filed and recorded in
the office of the town clerk of the towns in which said lands or
real estate are situated and filed and recorded in the office of the
registry of deeds for the county of Cheshire, as soon as may be
after the same is completed ; and upon payment or tender to the
owner of the sum so assessed, the rights of said city to said lands
or real estate shall become vested and complete. Either party
shall be entitled to elect to have the damages for such taking
assessed by jury, and no citizen residing in Keene or owning
taxable property therein shall be qualified to sit on such jury.

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

[Approved April 5, 1911.]

CHAPTER 324.

AN ACT TO ENABLE THE TOWN OF GOFFSTOWN TO EAISE AND
APPROPRIATE A SUM NOT EXCEEDING THREE HUNDRED DOLLARS
FOR THE CELEBRATION OF THE ONE HUNDRED AND FIFTIETH
ANNIVERSARY OF THE INCORPORATION OF THE TOWN.

Section
1. Authority granted.

Septtov
2. Takes effect on passage.

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

Authority
granted.

Takes effect
on passage.

Section 1. The town of Goft'stown is hereby enabled to raise
and appropriate a sum of money not to exceed three hundred
dollars for the purpose of celebrating the one hundred and fiftieth
anniversary of the incorporation of the town.

Sect. 2. This act shall take ofi'oet upon its passage.

[Approved April G. 1011.1

1911]

Chapter 325.

383

CHAPTER 325.

AN ACT TO AMEND CHAPTER 222, SESSION LAWS OF 1005, EX-
TITLED, '"an act TO AUTHORIZE THE TOWK OF WOODSTOCK TO
CONSTRUCT AND MAINTAIN AN ELECTRIC LKillT AND POWER
PLANT."

Section

1. Electric light plant authorized.

2. Appropriations authorized.

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

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

Section 1. Amend section 1 of chapter 222 of the Laws of J/^^^tric^ »|5.^
1905 by striking out the whole of said section, and inserting in ized.
place thereof the following: Section 1. The town of Wood-
stock is hereby authorized to construct and maintain an electric
light plant, for the purpose of generating and supplying electricity
to light the streets and buildings in said town and other purposes,
and may distribute, convey and supply the same by metallic wires,
or by any other suitable means upon poles erected for that pur-
])ose, or in other convenient ways, in any public street or highway
in said town, and may relay and repair the same, having proper
regard for the rights of the public. Said town is hereby author-
ized by a major vote to lease or sell at public or private sale said
electric light plant or such part thereof as may be constructed.

Sect. 2. Amend section 3 of said act by striking out the Appropria-

, ,, , ,,, , . . . , "^ , ^", -, tlons author-

words twenty thousand and inserting m place thereof the words ized.

twenty-five thousand so that said section as amended shall read
as follows: Sect. 3. The said town is also authorized at any
annual or special meeting to raise and appropriate and to borrow
and hire such sums of money not exceeding in the aggregate
twenty-five thousand dollars on the credit of the town as may
from time to time be deemed advisable for the purposes of de-
fra^dng the expenses of purchasing real estate, and for construct-
ing, maintaining, and operating said electric light plant and to
issue notes or l)onds of the town therefor, payable at such times
and at such rates of interest as may be thought proper. The pro-
ceedings of the town with reference to the business specified in
this section shall be in accordance with the act approved March
19, 1895, and known as the ''Municipal Bonds Act, 1895."

Sect. 3. All acts and parts of acts inconsistent with this act Repealing
are hereby repealed and this act shall take effect upon its passage. tn^eT'enect

on passage.

[Approved April 0. 1911.]

384 Chapters 326, 327. [1911

CHAPTER 326.

AN ACT ATJTHOEIZING THE TOWN OF MARLOW TO EAISE AND APPKO-
PEIATE A SUM OF MONEY^ NOT EXCEEDING TWO HUNDRED DOL-
LARSj TO CELEBRATE THE ONE HUNDRED AND FIFTIETH ANNI-
VERSARY OF THE INCORPORATION OF THE TOWN OF MARLOW.

Section I Section

1. Authority granted.. ' 2. Takes effect on passage.

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

gramed!^ Section 1. The town of Marlow is hereby authorized to raise

and appropriate a sum of money, not exceeding two hundred dol-
lars, for the purpose of celebrating the one hundred and fiftieth
anniversary of the incorporation of the town of Marlow.

In^plslfge.^ Sect. 2. This act shall take effect upon its passage.

[Approved April 6, 1911.]

CHAPTER 327.

AN ACT IN AMENDMENT OF THE CHARTER OF THE CITY OF BERLIN,
AS AMENDED BY SECTION 1 OF CHAPTER 225 OF THE SESSION
LAWS OF 1903, RELATING TO THE SALARY OF THE MAYOR.

Section 1. Aum'al salary of $700.

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

^f°$TOO ^^'^'^^ Section 1. Amend section 12 of the charter of the city of
Perlin, as amended by section 1 of chapter 225 of the session Laws
of 1903, by striking out the word "four" in the twelfth line of
said section 12 and inserting in place thereof the word seven, so
that said section as amended shall read as follows: Sect. 12.
The mayor of said city shall be chosen annually, and shall have
a negative upon all the acts of the council to which his veto power
would extend had the city government herein constituted provided
for a board of aldermen, and such veto power shall extend to
individual items of appropriations. He shall preside in all meet-
ings of the city council, but shall have -no vote except in case of
an equal division. In his absence, the council may elect one of
their number chairman, who shall have all the powers and perform
all the duties of mayor during his absence or disability, or during
a vacancy in said office from anv cause. The mavor shall receive

I'jilj Chapters 328, 329. 385

for Lis services an annual salary of seven hundred dollars, payable
semi-annually, which shall be in full for all services of every kind
rendered by him in said office.

[Approved April G, 1011.]

CHAPTER 328.

AN ACT TO EXEMPT THE IXVALIDS' HOME OF KEENE FROM

TAXATION.

Section | Section

1. Property exempted. '-• Takes effect on passage; repealing

I clause.

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

Section 1. That the Invalids' Home, a charitable corporation f^°J||^'^ ®*
located in Keene in the county of Cheshire, State of New Hamp-
shire be, and the same is herel\v exempted from taxation.

Sect. 2. This act shall take effect upon its passao'e, and al] Takes effect

T ,. . . . , , . ^ 11 °'^ passage;

acts and parts oi acts inconsistent with this act, are herebv re- repealing

^ 1 "^ clause.

pealed.

[Approved April 6, 1911.]

CHAPTER 329.

AN ACT RATIFYING AND LEGALIZING THE VOTE TAKEN BY THE TOWN
OF LEBANON AT ITS ANNUAL TOWN MEETING HELD MARCH 14,
1911, APPROPRIATING THE SUM OF $500 FOR THE OBSERVANCE
OF THE ONE HUNDRED AND FIFTIETH ANNIVERSARY OF THE
GRANTING OF THE CHARTER TO SAID TOWN.

Section I Section

1. Vote legalized. ' 2. Takes effect on passage.

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

Section 1. The vote taken by the town of Lebanon at its vote legalized
annual town meeting held March 14, 1911. appropriating the sum
of $500 for the observance of the one hundred and fiftieth anni-
versary of the granting of the charter to said town, is hereby
ratified and leaalized.

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

[Approved April 6, 191 1.]

386 Chapter 830. [1011

CHAPTER 330.

AjST act to amend chapter 184 OF THE LAWS OF 1897, ENTITLED
"an act TO INCORPORATE THE DALTON POWER COMPANY'''' AS
AMENDED BY CHAPTER 221 OF THE LAWS OF 1899, AND BY
CHAPTER 329 OF THE LAWS OF 1903.

Section 1. Charter amended.

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

SendJd Section 1. Chapter 184 of the Laws of 1897, entitled "An

Act to incorporate the Dalton Power Company" as amended by
chapter 221 of the Laws of 1899, and by chapter 329 of the Laws
of 1903, is hereby amended so as to read as follows: Sect. 2.
Irving M. Frost, of Concord, in the county of Merrimack, Walter
H. Creamer. Myron G. Safford, of Bethel, in the county of
Windsor, and State of Vermont, George S. Walker, of Boston,
in the county of Suffolk, and Commonwealth of Massachusetts,
and Charles P. Creamer, of Kew York, in the county of New
York, and State of New York, their associates, successors and
assigns, are hereby constituted a corporation by the name of the
Dalton Power Company, for the purpose of purchasing, holding,
leasing, selling and operating timber lands, pulp mills, paper
mills, wood working mills and saw mills; manufacturing and
dealing in lumber, pulp, paper, pulp products, paper products
and wood products ; purchasing, holding, leasing, selling, devel-
oping and operating water powers and electric powers ; selling and
leasing electric power and light ; purchasing, holding and leasing
dwelling houses ; purchasing, holding, operating and leasing
boarding houses and hotels ; with all the powers necessary to
transact such business, and with all the powers incident to corpo-
rations, with a capital not exceeding five hundred thousand dol-
lars, divided into shares of one hundred dollars each, which may
be paid for in cash or in property at a fair valuation, but shall
not be issued until paid for in full. Sect. 3. This corporation
is authorized and empowered to purchase or lease the property,
franchises, privileges and immunities of any electric company
located in the counties of Grafton or Coos, or in the counties of
Caledonia or Essex in the State of Vermont, and may sell,
mortgage or lease its property, franchises, privileges and immu-
nities to any other corporation in this state or in the State of
Vermont ; and may issue its bonds to an amount not exceeding
one million dollars, at such times and on such terms and con-
ditions as the stockholders may authorize, and may secure the
pa^mient thereof by a mortgage of its ])roperty, franchises, priv-

jUJlJ Chapter 331. 387

ileges and immunities ; and may purchase, take, hold and dispose
of the stocks and bonds of other corporations. Sect. 4. This
corporation is authorized and empowered to erect and maintain
a dam or dams across the Connecticut river between the northerly
line of the James Adair farm, so called, on the Xew Hampshire
side, and the mouth of Miles Pond brook, so called, on the Ver-
mont side, and a point on said river about three miles below the
Sumner house in Dalton, in the county of Coos, together with all
necessary wing w^alls, retaining walls, canals, flumes, gates, power
houses, and all appurtenances thereto, provided that thfs grant
shall not impair any powers or privileges heretofore granted bv
the legislature of .this state within the limits aforesaid. Sect. 5.
This act shall take effect upon its passage.

[Approved April G, 1911.]

CHAPTEE 331.

AN ACT RATIFYING AND CONFIRMING CERTAIN PROCEEDINGS OF THE
LITTLETON VILLAGE DISTRICT.

Section
1. Proceedings legalized.

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

Be it enccted hy the Seiiaf" and Iloiisr of Bepresentath-es in
Geneial Court convened:

Section 1. The proceedings of the Littleton Village District Proceedings
at its annual meeting, held the seventeenth day of March, 1911,
as far as they relate to an issue of bonds, to be hereafter mad-^
for the purpose of funding the floating debt of the district, to the
amount of thirteen thousand ($13,000) dollars, are hereby rati-
fied, confirmed, and made valid and the said bonds may be issued
accordingly.

Sect. 2. All acts and parts of acts inconsistent with tliis act Takes effect
are hereby repealed, and this act shall takp efTeot on its ]")assa2:e. °° p^^^^^^-

[Approved April 0. 1011.]

388

Chapters 332, 333.

[1911

CHAPTEE 332.

AN ACT TO RENEW ''aN ACT AUTHORIZING THE CONSTRUCTION AND
MAINTENANCE OF A DAM OR DAMS ACROSS THE CONNECTICUT
RIVER IN' MONROE IN THE COUNTY OF GRAFTON."

Section
1. Charter renewed.

Section
2. Takes effect on passage.

Charter
renewed.

Takes effect
en passage.

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

Section 1. That chapter 200 of the Laws of 1905, approved
March 1, 1905, entitled "An Act authorizing the Construction and
Maintenance of a Dam or Dams on or across the Connecticut
River in Monroe in the County of Grafton," be and hereby is
re-enacted and renewed.

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

[Approved April 5, 1911.]

CHAPTER 333.

AX ACT RELATING TO THE CAPITAL STOCK OF THE NORTHERN
SECURITIES COMPANY.

Section i Section

1. Reduction in par value of shares I 2. Takes effect on passage,
authorized. |

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

ized.

Reduction in Section 1. The Xortlierii Securities Company, a corporation
s^ha'^res^ 'author- Organized under the laws of this state, is hereby authorized to
reduce the par value of the shares of its capital stock to a sum
not less than ten dollars a share, such reduction being made by
vote of a majority of the shares of its capital stock at a meeting
of the stockholders duly called for that purpose, or at its regular

annual meeting.

Takes effect
on passage.

Sect. 2. This act shall take effect upon its passage.
[Approved April 5, 1911.']

1911] Chapters 334, 335. 389

CHAPTER 334.

AX ACT TO KE-EXACT THE CITAKTER OF THE PETEKBOKOUGII BANK.

Section , Sectiok

1. Charter renewed. | 2. Takes effect on passage.

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

Section 1. The act entitled '"An Act to incorporate the Peter- renewed,
borongh Bank" passed July 21, 1887 and re-enacted Fel)riiary
25, 1891, is hereby re-enacted and continued in force as fully and
completely to all intents and purposes as if the same were enacted
at the present time, and the corporation thereby created shall
continue for the full term of twenty years, subject to all the laws
of this state, now or hereafter in force, pertaining to the govern-
ment and control of banks doing a general banking business.

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

[Approved April 5, 1911.]

CHAPTER 335.

AX ACT TO IXCOKPORATE THE SALEM AVATEE SUPPLY COMPAXY.

Section

1. Corporation constituted; purposes.

2. Capital stock.

3. Meetings.

Section

5. Right of eminent domain.

6. Contracts authorized.

7. First meeting; act subject to re-

4. Power to hold property. peal; takes effect on passage.

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

Secttox 1. That Wallace W. Cole, Erank D. Wilson, Ben- corporation
jamin R. Wheeler, William R. Wheeler and James Ewins, their purposes,
successors, associates, and assigns, shall be and are hereby made a
corporation by the name of the Salem Water Supply Company,
for the purpose of constructins,' a system of pipes and water-works,
and supplying individuals and corporations, in the town of Salem,
T^ew Hampshire with water for domestic use. manufacturing
purposes, and the extinguishing of fires ; and by that name may
sue and be sued, prosecute and defend to final judgment and
execution, and are berebv vested with all the powers and subject
to all the liabilities incident to corporations of a similar nature.

390 Chapter 336. [1911

Capital stock. Sect. 2. The capital stock of said corporation shall consist
of such number of shares, not exceeding one hundred dollars each,
as may from time to time be determined by said corporation, not
exceeding in the whole sum fifty thousand dollars.
Meetings. Sect. 3. The annual and all special meetings of this corpo-

ration shall be held at such times and places, and upon such notice,
as may be provided by the by-laws of the corporation.
Power to hold Sect. 4. Said Corporation is empowered to purchase, and hold
property. ^^ ^^^ simple or otherwise, any real or personal estate necessary

for the carrying into effect the purposes of this act, and said
corporation is authorized to enter upon and break ground, dig
ditches, and make excavations, in any street, place, square, pas-
sageway, or highway through which it may be deemed necessary
for the pipes and water-works of said company to pass, be, or
exist, and for the purpose of placing its pipes, hydrants, struc-
tures, and such materials as may be deemed necessary for con-
structing said system of pipes and water-works, and to relay
and repair the same, subject to such regulations as to the safety
of citizens and the security of public travel as the selectmen of
the town may prescribe,
nent^doma^^" Sect. 5. Said Corporation is authorized to enter upon and
appropriate the water known as Hitty-Titty pond, Captain's
pond, and Island pond, so called, in the county of Rockingham,
and to secure said waters by fence or otherwise, and to dig ditches,
make excavations and reservoirs through, over, in, or upon any
land or inclosure through which it may be necessary for said
pipes and water to pass, or said excavations, reservoirs, and water-
• works to be or exist, for the purpose of obtaining, holding, pre-
serving, or conducting said water and placing such pipes and otlier
material and works as may be necessary for building and operat-
ing such water-works or repairing the same ; provided, that if it
be necessary to enter upon and appropriate any land for the pur-
pose aforesaid, or to raise or lower the level of said waters, and
the said corporation shall not be able to agree with the owners
thereof for the damages that may be done by said corporation, or
the owner shall be unknown, either ]:)arty may apply to the
supreme court at a trial term in the county of Rockingham, have
the same laid out and the damages determined, and said court
shall refer the same to the county commissioners for said county,
who shall appoint a time and place of hearing, and give notice
thereof in the same manner as now provided by law for laying
out highways. Said commissioners shall make report to said
court, and said court may issue execution thereon accordingly;
but if either party shall desire it, upon application to said court
before reference to said commissioners, they shall be entitled to
a trial by jury in such manner and under such regulations as
said court may prescribe.

1911]

Chaptek 336.

391

Sect. 6. Said corporation may make contracts with individ- ^ij°°j.\zed'!^ ^^'
uals and corporations, village and fire precincts, for supplying
them with water and hydrant service, and may establish such
tolls and charge such rents therefor as may be deemed reasonable,
and said corporation is hereby authorized, empowered, and shall
sell to said town of Salem, or any fire precinct hereafter organized
therein, all of its works, constructions, and estate, of whatever
kind or nature, at the cost of said plant, whenever said town or
fire precinct elects to purchase the same, and said town or fire
precinct is hereby authorized and empowered to purchase or lease
the same ; and said corporation is authorized to borrow money to
defray the cost of such water-works, water rights, and land
damages, and may issue its notes, bonds, or obligations therefor,
not exceeding one half its capital stock, actually paid in and
unimpaired, payable in such times and at such rates of interest,
not exceeding six per cent, as it may determine, and may, if it
be deemed expedient, secure such notes, bonds, or obligations by
a mortgage of all its estate, real, personal, and mixed, which
mortgage shall be recorded in the office of the register of deeds
for the county of Rockingham.

Sect. 7. Any two of the first named grantees m-ay call the ^c^subirect^to'
first meeting of the corporation by giving a written or printed ^^p^^au^takes^^
notice to the other members at least ten days before the day of sage.
meeting, or by leaving such notice at their last place of abode
ten days before such meeting. The right is hereby reserved to
alter, amend or re})eal this charter, or any part thereof. This act
shall take efi^ect upon its passage.

[Approved April 6, 1911.]

CHAPTER 336.

AN ACT CONFIEMIjSTG IIs^CORPOEATIOJS^ OF THE LACONIA GAS AK'D
ELECTRIC COMPAXY.

Section

1. Organization confirmed.

2. Acquisition of property legalized.

3. Issue of securities legalized.

Section

4. Acquisition of property authorized.

5. Power to acquire property limited.

6. Takes effect on passage.

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

Section 1. The organization of the Laconia Gas and Electric organization
Company under the general law, on April 19, 1910, is hereby ^°°^™^**'
ratified and approved, said corporation having been organized for

392 Chapter 336. [1911

the generation and distribution of gas and electric energy and
other purj^oses, and having its principal place of business in the
city of Laconia.
Acquisition of Sect. 2. The acquisition by said Laconia Gas and Electric
gaiized. ' Company of the property, rights, franchises and business of the
Winnepesaukee Gas and Electric Company and of the Laconia
Electric Lighting Company, both corporations formerly located
at said Laconia, is hereby ratified and confirmed and all the cor-
porate powers, rights and franchises of said Winnepesaukee Gas
and Electric Company and said Laconia Gas and Electric Com-
pany are hereby invested and confirmed in said Laconia Gas and
Electric Company and its successors and assigns.
Issue of se- Sect. 3. The issue of securities bv said Laconia Gas and

curities !• rt> "

legalized. Elcctric Company, consisting of $150,000 at par oi preierred
stock and $250,000 at par of common stock, and bonds of the
face value of $275,000, together with the trust mortgage securing
the same, is hereby confirmed and approved ; and said company
may hereafter issue additional bonds and stock, with such pref-
erences as it may fix, in the manner and for the purposes author-
ized by law, and subject to such limitations as may be fixed by
law, and may mortgage its properties, rights, and franchises,
including those to be after acquired, to secure its bonds.
Acquisition of Sect. 4. Said coiiipany is hereby authorized to acquire by
thorfzed! ^"' pnrchasc the franchises and property of any other corporation
engaged in the business of generating or supplying electric energy
or gas for light, heat or power purposes, and may purchase and
hold the stock, bonds or other securities of such other corporation ;
and such other corporation is hereby authorized and empowered
to sell and convey its franchises and property to said Laconia Gas
and Electric Company. Upon the acquisition of the franchises
and property of any other corporation under the authority of this
act, said Laconia Gas and Electric Company shall succeed to and
become invested with all the corporate powers, rights and priv-
ileges of such other corporation and shall be subject to all its
public duties, liabilities and obligations; provided, however, that
the rights of creditors of such other corporation shall not be
impaired by such acquisition without their consent.
Power to ac- Sect. 5, Said compaiiv shall have no power or authority by
limited. virtue of the provisions of this act to acquire the franchises or

property of any other corporation engaged in the business of
generating or supplying electric energy or gas for light, heat or
power purposes, or to purchase or hold the stock, bonds, or otlier
securities of such other corporation, unless such other corporation
shall be engaged in such business in a city or town situated not
more than twenty miles from Laconia ; and any such purchase of
franchises, property, stock, bonds or securities shall be subject

1911]

Chapter 33(

393

to such regulation and control as is now or may hereafter be
provided by the laws of this state.

Sect. 6. This act shall take eifect n]»on its passage. on passage.

[Approved April 7, 11)11.]

CHAPTER 337.

AN ACT RELATING TO THE EXTENSION OF THE CONNECTICUT EIVER
RAILROAD COMPANY.

Section

1. Extension authorized.

2. Void as to parts not built within

three years.

Section
3. Takes effect on passage.

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

Section 1. That the Connecticut Eiver Railroad Company Extension au-
be, and it is hereby, authorized and empowered to construct and
finally complete for public use, an extension of its railroad, not
exceeding six rods in width with necessary additions for cuttings
and embankments, beginning at some convenient point on its
Ashuelot branch in the town of Hinsdale, running thence along
the valley of the Connecticut river, through the towns of Hinsdale,
Chesterfield and Westmoreland, to some convenient point in the
town of Westmoreland or in the town of Walpole, with the right
to connect said extension with the Sullivan County Railroad in
the town of Walpole, or with the Cheshire branch of the Fitchburg
Railroad either in the to^^m of Walpole or in the town of West-
moreland.

Sect. 2. This act shall be void at the end of three years from void as to
the date of its passage as to all parts of such extension as have wltMn^'threT *
not then been completed and made ready for use. years.

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

on passage.

[Approved April 7, 1911."]

394

Chapters 338, 339.

[1911

CHAPTEE 338.

AN ACT KATIFYING SCHOOL DISTRICT MEETING IN THE TOWN OF

WILMOT.

Action rati-
fied.

Talces effect
on passage.

Section
1. Action ratified.

Section
2. Takes effect on passage.

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

Section 1. That the action of the school district of the town
of Wihnot at a meeting of said school district held March 14,
1911, providing for the building of a schoolhouse on Kearsarge
mountain at Phelps' Corner, so called, and the vote to raise and
appropriate five hundred dollars ($500) to build said schoolhouse
be and hereby is ratified.

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

[Approved April 12, 1911.]

CHAPTEE 339.

AN ACT TO SEVER A TRACT OF LAND OWNED BY AI SMITH FROM
THE TOWN OF BOSCAWEN AND ANNEX THE SAME TO THE TOWN
OF CANTERBURY.

Section 1. Tract severed and annexed; act takes effect on passage.

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

Tract severed Section 1. The land owued by Ai Smith is hereby severed
acf takes^^f-' f^'^^^i^ said town of Boscawen and annexed to the town of Canter-
fect on pas- bury. This act shall take effect upon its passage.

[Approved April 12, 1911.]

1911]

Chapter 340.

395

CHAPTER 340.

AN ACT EMPOWERING THE CITY COUNCIL OF THE CITY OF PORTS-
MOUTH TO DONATE A SITE FOR CERTAIN PURPOSES.

Section

1. Donation authorized.

2. Exemption from taxation.

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. The city council of the city of Portsmouth is J^orf^"^^ *""
hereby empowered and authorized to donate a site from lands
now owned, or that may be acquired, by said city, to an associa-
tion of individuals to be known as the Army and l^avy Association
of Portsmouth, IST. H. ; said site to be donated upon the express
condition that it be wholly' used for the purposes of said associa-
tion, Avhich are to provide in said Portsmouth dormitories, reading
and recreation rooms and other means to promote the moral wel-
fare of the soldiers, sailors, marines and enlisted men who may
from time to time be stationed at, or near, said Portsmouth, Said
site shall, in event of its principal use by said association for any
]")urposes other than those above set forth, revert back to said city
of Portsmouth.

Sect, 2. Said site, and the building's to be erected thereon Exemption
by said association, shall be exempt from taxation by said city of ^^^ taxation
Portsmouth, so Ions; as said site and the buildina;s thereon are
used, or kept for the purposes above set forth in section 1 of
this act.

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

[Approved April 12, 1911.]

S96

Chapters 341, 342.

[1911

CHAPTER 341.

AN ACT IN AMENDMENT OF CHAPTER 305 OF THE LAWS OF 1909,
BEING AN ACT TO EEVISE THE CHAETEE OF THE CITY OF
CONCOED.

Office hours
of assessors.

Takes effect
on passage.

Section
1. Office hours of assessors.

Section
2. Takes effect on passage.

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

Section 1. Section 40 of chapter 305 of the Laws of 1909
is hereby amended by adding at the end of said section the follow-
ing: ]^othing in this or the preceding section shall be construed
as forbidding the absence of all the members of the board from
the office during office hours, when elsewhere engaged in the per-
formance of their official duties.

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

[Approved April 12, 1911.]

CHAPTER 342.

AN ACT TO ENABLE THE WHITEFIELD HIGH SCHOOL DISTRICT TO
ENLAEGE ITS SCHOOLHOrSE LOT.

Section
1. Authority granted.

Section
2. Takes effect on passage; repealing
clause.

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

Authority
granted.

Takes effect
on passage;
repealing
clause.

Section 1. The school board of the Whitefield High School
District, ISTo. 3, are hereby authorized to enlarge the existing
schoolhouse lot of said district, either by purchase, if they can
agree with the owners thereof, otherwise by condemnation pro-
ceedings as provided for by chapter 91 of the Public Statutes.

Sect. 2. This act shall take effect \\\)o\\ its passage, and so
much of section 12, chapter 91 of the Public Statutes and all
other acts or parts of acts inconsistent with this act are hereby
repealed.

[Approved April 12, 1911.]

19I1J

Chapter 343.

397

CHAPTER 343.

AN ACT TO AUTIlOinZE T]IE .MKlfKDJTIl VILLAGE FlUK DISTRICT TO
PURCHASE^ CONSTRUCT AND MAINTAIN AN ELECTRIC PLANT.

Section

1. Acquisition of plant authorized.

2. Management of plant.

3. Contracts authorized.

Section

4. Appropriations authorized.

5. Talies effect on passage.

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

Section 1. The Meredith ViUaoe Fire District in the town Acquisition of

. ~ . . plant autnor-

of Meredith is hereby authorized lor the purpose oi generating' ized.
and supplying electricity to light its streets and public buildings
and for domestic and manufacturing purposes, to take or purchase
the franchises and property of any light or power company that
is now or may hereafter be doing a light or power business in said
district or town, and should the Meredith Village Fire District
and such light or power company be unable to agree upon what
is a fair and equitable price for the franchises and property so
taken, either party may apply to the superior court for the county
of Belknap at a trial term thereof for appraisal of the value of
said property and franchises, and after said purchase or taking
the said district for the purposes aforesaid may construct and
maintain an electric plant and may distribute, convey and supply
electricity by metallic wires or by any other suitable means upon
poles erected for that purpose or in other convenient ways in any
public street or highway in said district or town, and may relay
and repair the same having proper regard for the rights of the
public.

Sect. 2. Said district shall have power to make regulations ^f^^ff^f ^^°'
for the use of said electricity, and the control and management
of the plant may be placed in the hands of the commissioners of
the district, who shall appoint all necessary officers.

Sect. 3. Said district is also authorized and empowered to contracts au-
contract with individuals or corporations for supplying it with
power or electricity, and to sell electricitv to private individuals
or corporations, and to make such other contracts for the use of
electricity as may from time to time be deemed proper.

Sect. 4. Said district is also authorized at any annual orAppropria-
special meeting bv a major vote of those present and voting, to ized.
raise and appropriate, and to borrow or hire, such sums of monev
on the credit of the district as mav from time to time be deemed
advisable, for the purpose of constructing, purchasing, maintain-
ing, operating and enlarging said electric plant, and to issue notes
or bonds of the district therefor, payable at such times and at

398 Chapter 844. [1911

snch rates of interest as the district may determine, and such
notes and bonds shall be exempt from local taxation in Mereditli,
when owned by citizens of said town,
on'^passage.* Sect. 5. This act shall take effect npon its passage.

[Approved April 12, 1911.]

CHAPTER 344.

AN ACT TO AUTHORIZE THE CITY OF EOCHESTEK TO ESTABLISH AND
MAINTAIN A EIGHT AND POWER PLANT.

Section

1. Acquisition of property authorized;

damages, how assessed.

2. Management of plant.

3. Construction; rates and tolls.

Section

4. Accounts, how kept.

5. Appropriations authorized.

6. Repealing clause; act takes effect on

passage; subject to repeal.

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

Acquisition of Section 1. That the city of Rochester, in the county of
tborized; Strafford, be and hereby is authorized, for the purpose of lighting

sis^tsed. °^ its streets and public buildings, and for the use of its citizens and
for other purposes, to take or purchase franchises and property
of any light or power company that is now. or may hereafter be,
doing a light or power business in said city of Rochester, including
dynamos, batteries, wires, engines, boilers, and all other machin-
ery, tools and apparatus used in the manufacture, distribution
and operation of such light or power plant in said city of Roch-
ester, and the land and buildings connected and used therewith ;
and should said city of Rochester and such light or power
company be unable to agree upon what is a fair and equitable
price for their property, either party may apply to the superior
court for said county of Strafford, at a trial term thereof, for
appraisal of the value of said property, rights and franchises ; and
said court shall refer the question to three disinterested referees
to be selected and appointed by a judge of said court for that
purpose ; and said board of referees shall, as soon as may be
thereafter, fix a time for hearing said parties and their witnesses,
and report their findings to the superior court, which shall issue
its decree thereon; and provided, further, that if either party
shall elect a trial by jury, upon application to said court for said
referees, a trial by jurv shall be had in such manner and under
such regulations as said court may prescribe ; and after such pur-
chase or taking, the said citv, for the purpose aforesaid, may
erect and maintain poles and extend wires over or under the

1911] Chapter 344. 399

streets in said city, aud may take, purchase and hold in fee simple,
or otherwise, any real or personal estate and any rights therein,
water rights, power and privileges not in use by any aqueduct
or other company in said county, necessary for carrying into effect
the purposes of this act; and may purchase, erect, construct, and
maintain machinery, dams, reservoirs, l^uildings and other things
as may be necessary for said light and power plant, and to excavate
and dig ditches in any highway, place, square, passway or com-
mon, or other place, through which it may be deemed necessary
and proper to construct said light and power plant, and to relay,
change and repair the same at pleasure, having due regard for the
safety of its citizens and the public travel ; and said city may .
purchase light and power from other producers whenever it is
deemed necessary, provided it shall be necessary to appropriate
any streams, real estate, or rights therein, and water rights,
powers, and privileges for the purposes aforesaid, or to raise or
lower the level of the same, and if said city shall not agree with
the owners thereof for the damage that may be done by said city
or such owners shall be unknown said city may take such stream,
real estate, and rights therein, and water rights, powers and priv-
ileges, assess the damages, and the same remedies and proceedings
may be had as in the case of laying out of highways.

Sect. 2. The immediate management, control and direction Management
of the light and power plant of the city shall be vested in the
mayor and council of said city of Rochester, and they may appoint
a superintendent of the said plant, and such other agents or
servants as they may deem necessary. 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.

Sect. 3. Said mayor and city council shall have the control rat^f'^Tn""" '
and management of the construction of said plant, wires and pipes, '^°"^-
and make all such contracts and agreements, for and on behalf of
the city in relation thereto and as they may deem proper and
advisable, and shall have full charge and control over said plant,
wires and pipes when constructed. They shall establish rates and
tolls and prescribe rules and regulations for the use of light and
power, and may sell and dispose of such articles of personal
property connected with said plant as they shall deem expedient,
and may purchase such property as may be in their judgment
necessary for said plant, and the purposes contemplated by this
act; and they shall cause to be made annually a detailed report
to the city of the condition of the plant and its system of wires
and pipes, and the funds belonging: to this department, and
expenses and income thereof, which shall be published in the city
report of each year.

Sect, 4. All moneys received in any way on account of said ^^'^°"°'^S' ^^"^
light and power plant shall be paid into the city treasury, and
shall be kept and applied exclusively for the uses of said light and

400

Chapter 345.

[1911

Appropria-
tions author-
ized.

Repealing
clause; act
talces effect
on passage;
subject to re-
peal.

power plant, including the payment of the bonds issued under this
act and the interest thereon; and all bills and claims for expend-
iture connected with said plant shall be paid only by orders, and
the city treasurer shall keep his accounts relating to the light and
power plant, including all bonds and notes of the city given from
loans and money raised for said plant, separately and distinctly
from all other receipts and payments.

Sect. 5. The mayor and council of said city of Rochester are
hereby authorized to raise and appropriate and to borrow and hire
such sums of money, not to exceed fifty thousand dollars, on the
credit of the city, as may from time to time be deemed necessary
for the purpose of defraying the expense of purchasing real estate,
water rights and privileges, and other rights, machinery and
property as aforesaid, and for constructing, maintaining and
operating said light and power plant, and for the payment of
machinery and other necessary appliances purchased, and to issue
notes or bonds of the city therefor in such amounts and payable
at such times and at such rates of interest as may be thought
proper, and may exempt such notes and bonds from taxation when
held by the inhabitants of the city.

Sect. 6. All acts and parts of acts inconsistent with this act
are hereby repealed, and this act shall take effect upon its passage.
The legislature may alter, amend and repeal this charter whenever
the public good requires it.

[Approved April 14, 1911.]

CHAPTER 345.

AN ACT SEVERING THE HOMESTEAD OF LOUIS GUILMETTE FROM
THE CITY OF DOVER^ AND ANNEXING THE SAME TO THE CITY OF
SOMERSWORTH FOR SCHOOL PURPOSES.

Section
1. Homestead severed and annexed.

Section
2. Takes effect on passage.

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

Homestead
severed and
annexed.

Takes effect
on passage.

Section 1. That the homestead of Louis Guilmette is hereby
severed from the school district in the city of Dover, and said
premises are hereby annexed to the school district of the city of
Somersworth for school purposes.

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

[Approved April 14. 1911.]

1911] Chapters 346, 347. 401

CHAPTEK 346.

AN ACT TO AUTIIOKIZE THE TOWN OF WEAKE TO CONTKIBUTE
TOWARD TPIE EXPENSE OF A DAM ACROSS PISCATAQUOG RIVER IN
SAID TOWN.

Section I Section

1. Authority granted. ' 2. Takes effect on passage.

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

Section 1. The town of Weare, in the county of Hillsbor- Authority
ough, is hereby authorized and empowered to raise by taxation,
borrow, appropriate and expend a sum of money not exceeding
ten thousand dollars as a contribution toward the expense of
erecting a dam across Piscataquog river in said town, in accord-
ance with the action taken by the town meeting held in said town
on the fourteenth day of March, 1911 ; and all the acts, votes,
resolves, and proceedings of said town, meeting relating to the
raising, borrowing, appropriating and expending money as a
contribution toward the expense of erecting such a dam and the
management and control of the same are hereby legalized, ratified
and confirmed.

Sect. 2. This act shall take effect upon its passage. In^pLlfge.*^

[Approved April 14:, 1911.]

CHAPTEE 347.

AN ACT TO REGULATE THE SALARIES OF PUBLIC OFFICIALS FOR THE
CITY OF MANCHESTER.

Section 1. Salaries, how fixed.

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

Section 1. The salaries of all public officials of the city of salaries, how
Manchester, elected by the city government, shall be determined
and fixed by the board that elects them, either the board of mayor
and aldermen or the common council, as the case may be, and the
salaries of city officials who are appointed by the mayor shall be
determined and fixed by the board of mayor and aldermen.

[Approved April 14, 1911.]

402

Chapter 348.

[1911

CHAPTEK 348.

AN ACT IN AMENDMENT OF CIIAPTEE 214 OF THE LAWS OF 1895,
ENTITLED "aN ACT RELATING TO WATERING THE STREETS OF
KEENE."

Section
1. May contract for dust prevention.

Section
2. Takes effect on passage.

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

May contract
for dust pre-
vention.

Takes effect
on passage.

Section 1. Amend section 1 of said act bv inserting after
the word "streets" in the second line thereof the words or otherwise
treating the same for the prevention of dust, and by striking out
the word "watered" in the fifth line of said section and inserting
in place thereof the word treated, and by striking out the word
"watering" in the sixth line of said section and inserting in place
thereof the word treatment, so that said section as amended shall
read as follows : Section 1. The city of Keene may annually
appropriate and expend money for watering its public streets or
otherwise treating the same for the prevention of dust, and may
provide that the board of aldermen or any municipal board or
committee charged with the expenditure of the appropriations
may assess upon the estates abutting upon the streets so treated
the whole or a portion of the cost of such treatment ; and the
amount of such assessments upon each estate, unless previously
paid, shall be certified by such board or committee to the assessors
or collector of taxes of said city, who shall include the same in
the next tax bill issued for an annual tax on such estate ; and the
same shall be a lien upon such estate, and shall be considered as
constituting a part of, and shall be levied, collected, and paid, or
abated, in the same manner as, the city taxes on real estate.
Sect. 2. This act shall take effect upon its passage.

[Approved April 14. 1911.]

11)11 J Chapter 3 fJ. 403

CHAPTEK 349.

AN ACT IX AMENDMENT OF THE C'lIARTEE OF THE UNION GUAKAN'TV
SAVINGS BANK OF CONCOItD^ N. II.

Section I Section

1. Change of name authorized. 5. Permanent guaranty fund.

2. May do business of trust company. 6. Repealing clause; act takes effect on

3. Capital stock of $100,000. I passage.

4. Powers of stockholders. I

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

Section 1. The Union Guaranty Savino;s Bank, beinff a cor- change of

, 1 /• 1 1 • 1 • 1 1 \ A .name author-

poration chartered under act oi the legishiture entitled **An Act ized.
to incorporate the Union Guaranty Savings Bank," approved July
28, 1887, is hereby authorized and empowered by majority vote
of its special depositors to change its corporate name to the Union
Trust Company, said vote and the provisions of this act to become
effectual upon recording a certified copy of such vote in the offices
of the secretary of state and the bank commissioners.

Sect, 2. Said corporation shall thereafter have power and ^ay do^busu
authority to engage in the business of a savings bank and trust company,
company, and as such to act officially under appointment of the
courts of this or other states as trustees and financial agents ; to
act as trustees for individuals and corporations in the execution
and management of trust mortgages, liens and other agreements
involving the exercise of the duties and rights of trustees for all
lawful purposes ; to act as registrars, and transfer agents for
corporate stocks, bonds and other securities ; to act as agents and
attorneys in fact, to deal in notes, bonds, stocks and other secu-
rities; and to carry on a general banking business. Provided,
however, the funds held by said corporation in the capacity of
trustee shall be liable only to the same taxation as like funds in
the hands of individual trustees.

Sect. 3. Said corporation, by majority vote of its special Capital ^^sj;ock
depositors, may create a capital stock which shall not be less than .
one hundred thousand dollars, divided into shares of one hundred
dollars each, and thereafter by like vote of its stockholders may
increase its capital stock to any sum not exceeding five hundred
thousand dollars. Any portion of said capital stock not exceeding
one half thereof at any time outstanding may be made preferred
as to dividends and in liquidation. The special deposits, hereto-
fore existing, to the guaranty fund may be converted into stock
upon such terms as may be adopted by majority vote of the cor-
poration. The stockholders shall be personally liable, equally and
ratably, and not one for another, for all contracts, debts and

404

Chapter 350.

[1911

Powers of
stockholders.

Permanent

guaranty

fund.

Repealing
clause; act
takes effect
on passage.

engagements of the corporation to the amount of their stock
therein at the par value thereof, in addition to the amount invested
in such shares. Xo portion of the capital stock of said corporation
shall become a part of the guaranty fund or the special deposits
to the special deposits to the guaranty fund or shall be held by
the savings department.

Sect. 4. The holders of stock issued as herein provided shall
be members of the corporation and have and exercise all the rights
and powers of stockholders. The stockholders may adopt and
thereafter amend by-laws and regulations for the management of
the business. The board of directors or trustees shall be not less
than seven or more than twenty, as may be provided by the by-
laws.

Sect. 5. The permanent guaranty fund of not less than ten
per cent of savings deposits, as provided by the charter of said
corporation and amendments thereto, shall be maintained.

Sect. 6. All provisions of the charter of said Union Guaranty
Savings Bank and amendments thereto which are inconsistent with
the provisions of this act are hereby repealed and all other pro-
visions thereof are hereby confirmed subject to all the laws of this
state now or hereafter in force, pertaining to the government and
control of banks doing a general banking business; and this act
shall take effect upon its passage.

[Approved April 14, 1911.]

CHAPTER 350.

AN ACT TO ATTTHORIZE THE COUNTY COMMISSIONERS OF COOS
COUNTY TO LEASE ROOMS IN THE COURT HOUSE IN LANCASTER
IN SAID COUNTY TO UNION SCHOOL DISTRICT NO. 1 OF SAID

LANCASTER.

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

Authority
granted.

Section 1, The cmmtv commissioners of Coos countv are
hereby authorized and empowered to lease to Union School Dis-
trict Xo. 1, of Lancaster in said county, such room or rooms in
the court house in said Lancaster upon such terms and for such
times as thev shall deem expedient.

[Approved April 14, 1911.1

1911] Chapter 351. 406

CHAPTER 351.

AN ACT TO AMKXD AND EXTEND THE CIIARTEK OF THE STKAFFOm>

BANK.

Section
1. Charter amended.

Section
6 [2]. Subject to repeal; takes effect on
passage.

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

Section 1. This act incorporating the Strafford Bank, ap- Char^t|^^
proved March 4, 1891, be and hereby is amended as follows:
Amend section 1 of said act by striking out the same and inserting
in lien thereof the following: Section 1. That Elisha K,
Brown, George S. Frost, Charles S. Cartland, Daniel Hall. Frank
B. Williams. Arthur G. Whittemore, Frank W. Hanson, Clarence
I. Hurd, Robert G. Pike, John Kivel. Dwight Hall, Harold W.
Brown and John H. Nealley, their associates, successors, and
assigns be and hereby are made a body corporate with authority
to have and execute all the powers and privileges incident to
corporations of a similar nature, for the purpose of prosecuting
the business of a safe-deposit and trust company; to receive on
deposit or for safe-keeping money and other valuables, the funds
of trustees, guardians, executors, administrators, or others ; to
act as trustees for individuals and corporations, and officials,
under appointment by the courts of this or other states, to act
as trustees and financial agents and the supreme, superior and
probate courts of this state are hereby authorized to make such
appointments ; to make and negotiate loans for itself and others ;
to loan, borrow, and deal in money and securities, and to do a
general banking business. Provided, however, the funds held by
said trust company in the capacitv of trustees and shall be liable
only to the same taxation as like funds in the hands of individual
trnstees. Amend section 2 by striking out the same and inserting
in lieu thereof the following : Sect. 2. The name of the Straf-
ford Bank is hereby chana'ed to the Strafford Trust Company, to
be located and have its place of business at Dover in the county
of Strafford, and the charter of said trust company is hereby
renewed and extended for the full term of twenty years from the
passage of this act, and is subject to all the laws of this state,
now or hereafter in force, pertainino- to the government and
control of banks doing a general banking or trust company busi-
ness. Amend section 3 by strikina; out section 3 and substituting
therefor the following: Sect. 3. Said eomrtany shall have a
capital stock of one hundred thousand dollars, divided into shares
of one hundred dollars each, with authority to increase its capital

406

Chapter 352.

[1911

Subject to
repeal; takes
effect on
passage.

to five hundred thousand dollars ; and may acquire and hold real
estate for its o^\tl use to the value of fifty thousand dollars,
exclusive of such real estate as may be taken in good faith for
indebtedness or held as security. Said corporation shall not
commence business until the sum of one hundred thousand dollars
shall have been paid in cash, and no certificate of shares shall
be issued until the par value of the same has been fully paid and
a certificate thereof shall have been filed in the ofiice of the
secretary of state, verified by the oath of the directors. Amend
section 4 by striking out section 4 and substituting therefor the
following : Sect. 4. Any three of the grantees may call the first
meeting of the corporation by notice in writing to each grantee,
or by one publication in some newspaper printed in Dover at
least one week before the day of meeting. Amend section 5 by
striking out the same and adding the following sections : Sect.
5. The affairs of the company shall be under the supervision and
control of the bank commissioners, who shall examine its books
and securities and make the same reports upon its condition, as
provided in case of savings banks.

Sect. 6 [2]. The legislature may alter, amend, or repeal this
act whenever in their opinion the public good requires it, and this
act shall take effect on its passage.

[Approved April 14, 1911.]

CHAPTER 352.

AN ACT TO EEVIVE^ AMEND AND EXTEND THE DOVER LOAN AND

TErST COINIPANY.

Section

1. Names of grantees.

2. Capital stock; charter extended.

3. Powers of corporation.

4. Under supervision of bank commis-

sioners.

Section

5. Liability of shareholders.

6. Subject to repeal; takes effect on

passage.

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

Names of
grantees.

Section 1. The act incorporating the Dover Loan and Trust
Company, approved March 25, 1903, be and hereby is amended
as follows: Amend section 1 of said act by striking out the name
of Adams T. Pierce as it appears in said section and inserting in
place thereof the name of Charles Carpenter Goss, so that said
section as amended shall read as follows: Section 1. That
John W. Jewell, Dudley L. Furber, Charles Carpenter Goss.
William H. Roberts, F. B. Clark. Owen Coogan, their associates,

1911] Chapter 352. 40 7

successors and assigns, be and hereby are incorporated and made
a body corporate by the name of the Dover Loan and Trust Com-
pany, to be located at Dover, ^ew Hampshire.

Sect. 2. Amend section 2 of said act by striking out the charter ^^°^^''
whole of said section and inserting in place thereof the following : extended.
Sect. 2. Said corporation shall have a capital of one hundred
thousand dollars divided into shares of one hundred dollars each ;
and may acquire and hold real estate for its own use to the value
of forty thousand dollars exclusive of such real estate as may be
taken in good faith for indebtedness or held as security and shall
not begin business until one hundred thousand dollars shall have
been paid in in cash. The charter of said Loan and Trust Com-
pany is hereby renewed and extended for the full term of twenty
years from the passage of this act, and is subject to all the laws
of this state, now or hereafter in force, pertaining to the govern-
ment and control of banks doing a general banking or loan and
trust company business.

Sect. 3. Amend section 3 of said act by striking out the Powers of

•^ . ~ corporation.

whole of said section and inserting the following: Sect. 3.
T^his corporation shall be empowered with authority to have and
execute all the powers and privileges incident to corporations of
the same nature for the purpose of prosecuting the business of
a safe deposit and trust company ; to receive on deposit for safe
keeping money and other valuables ; the funds of trustees,
guardians, administrators, or others ; to act as trustee for indi-
viduals and corporations and officially under judicial appoint-
ment by the courts of this state or other states ; to act as financial
agent ; to make and negotiate loans for itself and others ; to loan,
borrow and deal in money and investment securities ; and to do
a general banking business.

Sect. 4. Amend section 5 of said act by striking out the u«ider super-

t' o _ vision of Dank

whole of said section and inserting in place thereof the following: commis-
Sect. 5. The provisions of law now or hereafter in force gov-
erning the taxation of the capital stock in banks, trust companies
and deposits in savings banks shall apply to this corporation, and
the affairs of this corporation shall be under the supervision and
control of the bank commissioners.

Sect. 5. Amend said act by striking out the whole of section ¥^^'||^L°*
6 and inserting the following: Sect. 6. The same liability of
shareholders shall apply to this corporation as shall apply to
corporations of like nature who have not yet commenced business.

Sect. 6. Amend said act bv addine; a new section as follows: subject to

CI >-r rri T ' 1 ' 1 "^ 1 11. repeal; takes

bECT. 7. ine legislature may alter, amend, or repeal this act. effect on
whenever in their opinion the public good requires it, and this ^^®^^^^"
act shall take effect upon its passage.

[Approved April 15, lOll.]

408

Chapters 353, 354.

[1911

CHAPTER 353.

AN ACT TO EXTEND AND CONTINUE THE CHAETEB OF THE KOCH-

ESTEE BANK.

Charter
extended.

Takes effect
on passage.

Section
1. Charter extended.

Section
2. Takes effect on passage.

Be it enacted hy the Senate and House of Re'preseniatives in
General Court convened:

Section 1. The charter of the Rochester Bank, granted April
10, 1891, is hereby extended and continued in force for the term
of twenty years with all the powers, rights and privileges of said
charter, subject to all the laws of this state, now or hereafter in
force, pertaining to the government and control of banks doing
a general banking business.

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

[Approved April 15, 1911.]

CHAPTER 354.

AN ACT TO enable THE SELECTMEN OF THE TOWN OF STRATFORD
IN THE NAME OF THE TOWN TO CONVEY CERTAIN LAND IN SAID
TOWN.

Section 1. Authority granted.

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

Authority
granted.

Section 1. That the selectmen of the town of Stratford, in
the name of the town, be and hereby are authorized to convey by
proper deed lot number one hundred and sixty-eight (168), known
as the School lot, and lot number one hundred and eight (108),
known as the Priests' lot in said towm of Stratford, to such persons
as the town has heretofore voted to convev or may hereafter vote
to convey.

[Approved April 15, 1911.]

1911]

Chapter 355.

409

CHAPTER 355.

AN ACT AUTHORIZING THE CITY OF LACOXIA TO RAISE AND APPRO-
PRIATE A SUM NOT EXCEEDING FIVE THOUSAND DOLLARS FOR THE
PURPOSE OF PROVIDING A SITE FOR A STATE ARMORY BUILDING
IN SAID CITY.

Section

1. Appropriation auttiorized.

2. Issue of bonds, etc.

Section
3. Takes effect on passage.

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

Section 1. The city of Laconia is hereby authorized and Appropria-
T , . . "^ 1 , 1 "^ ^ . . .-, tioa author-

empowered by majority vote by the members oi its city council ized.

present at any regular meeting of said city council or at any
special meeting of said city council duly called for that purpose
to raise and appropriate a sum of money not exceeding five
thousand dollars for the purpose of providing a lot of land in
said city for the erection thereon of a state armory building. And
said city of Laconia by its mayor or other officer or officers duly
authorized is hereby empowered to convey any or all land which
may be acquired under the provisions of this act by proper deed
of conveyance to the State of I^ew Hampshire for the considera-
tion that said state shall use said land for the purpose of erecting
and maintaining thereon a state armory building, and said deed
to be conditioned that whenever said state shall cease to use and
occupy said land for state armory purposes that the title to said
land shall revert to said city of Laconia. Said conveyance of
said land by said city to said state shall be made as aforesaid
whenever the state by its duly authorized officer shall notify said
city that an appropriation has been made by the state for the
erection of a state armory in said Laconia, and that said state is
ready to proceed with the erection of the same.

Sect. 2. For the purpose of providing said sum not exceeding issue of
five thousand dollars authorized to be raised and appropriated ^'^^^^' «*<=•
under section 1 of this act said city of Laconia is hereby author-
ized and empowered to issue its notes, bonds or obligations therefor
in such denomination and payable at such times and at such rate
of interest not exceeding six per cent as its city council may
determine.

Sect. 3. This act shall take effect on its passage.
[Approved April 15, 1911.]

Takes effect
on passage.

410

Chapters 356, 357.

[1911

CHAPTER 356.

AN ACT EMPOWERING THE CITY COUNCIL OF THE CITY OF PORTS-
MOUTH TO DONATE A SITE FOR AN ARMORY.

Section
1. Donation authorized.

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

Be it enacted by the Senate and House of Rej)rese7itatives in
General Court convened:

Donation
authorized.

Repealing
clause; act
takes effect
on passage.

Section 1. The city council of the city of Portsmouth is
hereby empowered to donate to the State of New Hampshire a
suitable site from lands or lands and buildings now owned by said
city, to be used as a site for an armory to be erected by the State
of Xew Hampshire.

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

[Approved Aj^ril 15, 1911.]

CHAPTER 357.

AN ACT TO ENABLE THE TOWN OF NEWCASTLE TO SECURE A SUPPLY
OF WATER FROM THE CITY OF PORTSMOUTH.

Section
1. Purchase of rights authorized.

Section
2. Takes effect on passage.

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

Purchase of
rights au-
thorized.

Takes effect
on passage.

Section 1. That the town of l^ewcastle, its successors and
assigns, is hereby empowered to purchase, receive, take, hold, and
enjoy from the city of Portsmouth the franchise, rights and priv-
ileges to lay water pipe through the streets of said ISTewcastle,
and to maintain the same and to supply the inhabitants of said
Newcastle with water, and the city of Portsmouth is hereby
authorized to sell the same.

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

[Approved April 15, 1911.]

1911]

Chapter 358.

411

CHAPTER 358.

AN" ACT TO INCORPORATE THE SOUTHERN NEW HAMPSHIRE DEVEL-
OPMENT AND POWER COMPA]!fY.

Section

1. Corporation constituted.

2. Corporate powers.

3. Damages, how assessed.

4. Capital stock.

5. Issue of bonds, etc.

6. Stoclt subscriptions; first meeting.

Section

7. Directors and officers.

8. May transact business, when.

9. Consolidation and merger. .

10. Subject to repeal; void if work not

begun within five years.

11. Takes effect on passage.

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

Section" 1. That Jeremiah Campbell of Boston, Mass., Her- corporation

CODS tltUtGQ

bert C. Daggett of Winthrop, Mass., George H. Giiptill and
Charles F. Gardner of Raymond, E". H., William S. Goodrich of
Epping, ]^. H., Arthur AV. Dudley of Brentwood, X. H., Clarence
M. Platts of Manchester, X. H., their associates, successors and
assigns, are hereby made a body corporate by the name of the
Southern ]^ew Hampshire Development and Power Company
and by that name may have perpetual succession, may sue and
be sued, prosecute and defend to final judgment and execution,
and shall be and hereby are invested with all the powers, priv-
ileges and made subject to all of the liabilities, under the laws of
the state applicable to corporations of a similar nature.

Sect. 2. The said corporation shall have the power and Powers.
authority to construct a dam across the Lamprey river in the
town of Epping in the said state of !N^ew Hampshire, below its
confluence with the Pawtuckaway river at West E])ping and
auxiliary or storage dams across said Lamprey river at points in
the towns of Raymond, Deerfield and Candia, together with all
necessary wings, retaining walls, canals, gates, power houses,
mills, shops and the necessary a]ipurtenances ; all to develop the
water power of the said Lamprey river at the point where said
dams shall be constructed and for running and operating water
mills, and for erecting reservoirs of water and for equalizing the
flow of the same ; to its use and to the use of their mills for
manufacturing and municipal purposes and to use and sell water
power from said dams and reservoirs and from said water mills
for municipal and manufacturing purposes and to manufacture,
produce and sell therefrom electricity for furnishins; power for
any and all uses, lighting the streets and highways, lighting and
heating buildings, manufactories and other places, and to enter
into and execute contracts, agreements, or covenants in relation
to the objects of the corporation, and of enforcing the same, and

412 Chapter 358. [1911

any mimicipality to which electricity may be furnished is hereby
authorized to contract with this corporation for electricity for
public uses on such terms as the parties may agree to, and to raise
money therefor in the same manner as other town charges. Said
corporation shall be capable of taking and holding any estate,
real or personal, necessary for the purposes of said corporation,
and to acquire and hold any estate real or personal necessary for
the purpose of securing the debts due said corporation, accruing
in the regular business of said corporation; and may for the
purpose of distributing and delivering electricity for the purposes
as herein provided, erect and maintain lines and conduits under,
in or upon the streets and highways of any to^vn or city, under
such regulations therefor as are provided under the general laws
of the state. The said corporation shall have the power to con-
struct and maintain a plant for producing electricity by steam,
or other than water power as auxiliary to the water power that
it may develop as herein provided, but shall not go into the busi-
ness of selling or transmitting power until this water power is
developed. This corporation shall not enter into the business of
lighting in the towns of Xewmarket, Durham, Lee, Ra^anond,
Epping, N'ewfields or Brentwood, or either of them, unless it shall
first acquire by purchase the plant and property in operation
therein. In case it makes such purchase it shall have with respect
to the plant, property and franchise purchased, all the franchises
and privileges herein enumerated. This corporation, shall not,
until otherwise permitted by future act of the legislature, carry
on any business in this state outside of the counties of Rockingham
and Strafford.
Damages, Sect. 3. If in the erection, maintenance or continuance of

assessed. said dams, wings, retaining walls, canals, storage basins and water

mills, it becomes necessary to flow water onto the lands or property
of any other person or persons or corporation, and this corporation
cannot agree with the owner or owners thereof as to the necessity
for and damage to be paid therefor, this corporation may apply
by petition to the superior court for the county of Rockingham
to have the necessity for determined and the damage that may
have been or may be done thereby assessed and there and there-
upon the same proceedings shall be had in the premises as are
provided in sections 14 and 18 inclusive of chapter 142 of the
Public Statutes of ISTew Hampshire as amended by chapter 50 of
the Acts of 1893 and upon pavmient or tender of the damage and
costs so ascertained and determined, and not before this corpo-
ration may proceed and continue to flow water onto said land and
property. Provided, however, that nothing in this act shall be
so construed as to authorize the taking by said corporation for
the purpose of its charter in any manner except by purchase or
lease upon such terms as the o^^^ler may accept any im]iroved and
occupied water privileges, water poM'or or water rights located

1911] Chapter 358. -113

ill said towns, and provided, further, that no dam shall be erected
under the provisions of this act, which shall raise the level of the
water at any stage, whether low, medium or high water, to within
less than ten feet of the rail of any railroad bridge, and provided
further that before any dam is built, which can in any way affect
the property or structures of the railroad, the plans and elevations
of the same shall be agreed to on the part of the raili'joad, or in
case of a failure to agree, shall be determined by arbitration in
the manner hereinafter i)rovided ; and provided, further, that the
dams of this corporation shall not be flooded until all highways
and bridges are properly protected and cared for to the satisfac-
tion of the selectmen of the towns where located, nor until the
embankments, roadbed, ways, culverts and bridges of the railroad,
which may be affected by said dams, are properly and effectively
protected against damage, by rubble, masonry or otherwise, to
the satisfaction of the engineer of said railroad ; and in case of
a disagreement as to the method of construction and its effective-
ness or the necessity therefor, the location and height of the dams,
the construction of the same, or as to the provisions for passing
of flood water, the questions at issue shall be determined by a
competent board of engineers, experienced and qualified in rail-
road and bridge construction and work ; one to be named by this
corporation, one by the railroad interested, and the third to be
chosen by them. Any required changes in the construction of
bridges, culverts or roadbed to be made by the railroad interested,
or its lessee, subject to the foregoing provisions, at the expense
of this corporation and within a reasonable time after notice of
the requirements and security given for the payment of its cost.
And provided, further, that nothing in this act shall be so construed
as to authorize the taking of any land of the Boston & Maine
Railroad or any of the lines leased or operated by it, except by
purchase or lease, on such terms as shall be acceptable to said
railroad.

Sect. 4. The capital stock of said corporation shall be one capital stock,
hundred thousand dollars, one half to be in common stock and one
half in the preferred s.tock of said company, which may be increased
or decreased by a majority vote of its stockholders to any sum
not to exceed two hundred and fifty thousand dollars. Said
capital stock shall be divided into shares of one hundred dollars
each.

Sect. 5. Said company shall have the power to borrow money, issue of
issue its bonds therefor, and, upon vote of its stockholders, mort- ^°°*^^' ^'^'^•
gage its property, rights and franchise to secure the payment of
such bonds to an amount not exceeding the amount of its capital
stock.

Sect. 6, The persons named in section 1 of this act shall be stock sub-
commissioners to receive subscriptions to the capital stock of this first'' melting,
corporation, and after sufficient capital stock has been subscribed,

414

Chapter 358.

[1911

Directors
and officers.

May transact

business,

when.

Consolida-
tion and
merger.

Subject to
repeal; void
if work not
begun within
five years.

Takes effect
on passage.

as herein provided, any three of them may call the first meeting
of the corporation by publication or by giving personal notice to
the other grantees and subscribers to stock, at least ten days prior
to the time of meeting, at which first meeting or any adjourn-
ment thereof, by-laws may be adopted, directors chosen, and such
other business transacted as thought proper when met.

Sect. 7. The management of the affairs of this corporation
shall be vested in a board of directors, to consist of not less than
five in number, to be chosen from the stockholders, at the annual
meeting, who shall hold office until others are chosen in their
places, and a majority of such board shall constitute a quorum
for the transaction of business. Said board of directors shall
elect a president, clerk and treasurer, who shall give such bonds
as the directors may determine, and such other officers and agents
as may be found necessary, and fix their duties and compensation.

Sect. 8. The said company shall not organize or be empow-
ered to transact business until ten thousand dollars of the capital
stock has been subscribed, and twenty-five per cent, of said sum
shall have been paid in.

Sect. 9. This corporation may merge and consolidate its
capital stock, franchises and property with, and may acquire the
capital stock, franchises and property of any other corporation
or corporations formed under the laws of this state, for the same
purposes that this corporation is organized. And any other such
corporation which shall take and acquire the capital stock, fran-
chise and property of this corporation shall have all the rights
of and shall be subjected to all the duties and obligations of this
corporation, in every particular, as provided in this act, except
so far as may be expressly prohibited by limitation in the charter
of such other corporation and amendments to such charter.

Sect. 10. This act shall be within the control of the legisla-
ture at any time to amend or repeal as the public good shall
require. Tf said corporation shall not within five years after the
approval of this act have beii'un work and made reasonable progress
on the construction of said dam and its accessories, then this act
shall be void.

Sect. 11. This act shall take effect from its passage.

[Approved April 15, 1911.]

]911]

Chapter 359.

415

CHAPTER 359.

AN ACT TO ESTABLISH A BOARD OF PUBLIC WORKS FOR THE CITY

OF MANCHESTER.

Section

1. Meaning of terms.

2. Board of public works created; ap-

pointments, how made; vacancies,
how filled.

3. Powers and duties of board.

Section

4. Meetings; city engineer, appoint-

ment and duties.

5. Repealing clause; act takes effect on

passage.

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

Section 1. (a) The term board as used in this act shall ^^ms^"^^ °*
mean the board of ]3iiblic works hereby created.

(b) The term city yards shall include all yards or premises,,
the property of the city used by the board in carrying on the
business contemplated under this act, with all structures, appli-
ances and buildings that are or may be constructed or erected
thereon.

(c) The term highways shall include all public avenues, streets,
roads, thoroughfares, sidewalks, lanes, alleys, bridges and culverts.

(d) The term parks shall include all public parks, commons
and playgrounds with all structures, appliances, and buildings
that are or may be constructed or erected thereon.

(e) The term public utility shall include every corporation,
company, association, joint stock association, partnership, and
person, their assignees, lessees, trustees or receivers, appointed by
any court whatsoever, owning, operating or managing any plant
or equipment or any part of the same, for the conveyance of
persons or property for a compensation ; for the transmission of
telephone or telegraph messages ; for the manufacture or furnish-
ing of light, heat or power for the public.

(f) The term sewers shall include all public sewers and drains
comprising the city sewerage system.

(g) The term street cleaning shall mean the cleaning, sweep-
ing and washing of highways, the collecting, removing and dis-
posing of garbage, ashes, refuse (excepting dead animals), waste,
and snow and ice.

Sect. 2. A board of public works for the city of Manchester Board of
is hereby created to be composed of three citizens of said Man- coated :^°a?-^
Chester, the mayor shall bv virtue of the office of mavor be a pointments,

1 J" I'l- f*ii IT ' how made;

member oi and chairman of the board. Tn the month of April, vacancies.
1912, and thereafter in the month of April in every sixth year,
the board of mayor and aldermen shall elect a competent person
of said citv to be a member of said board to hold the office during
the term of six years from the time of his election, and until his

416 Chapter 359. [1911

successor is elected and qualified, unless sooner removed ; the
member of the present board of street and park commissioners
whose term of office expires in April, 1912, is hereby made a
member of the board and said term of office shall expire in April,
1912. In the month of April, 1914, and thereafter in the month
of April in every sixth year, the board of mayor and alderme»<
shall elect a competent person of said city to be a member of said
board to hold the office during the term of six years from the time
of his election and until his .successor is elected and qualified,
unless sooner removed ; the member of the present board of
street and park commissioners vv^hose term of office expires in
April, 1914, is hereby made a member of the board and said term
of office shall expire in April, 1914. If a vacancy occurs, the
board of mayor and aldermen of said city shall fill it for the
residue of said term, and said board of mayor and aldermen may
remove any member of said board, excepting the mayor, at any
time for cause, but no such member of the board shall be removed
without a hearing after reasonable notice in writing of the charges
against him, and the vacancy thus created shall be filled in the
manner hereinbefore prescribed in case of vacancy, and at no
time shall more than two members of said board be members of
the same political party. The chairman of the board shall receive
no salary for his services either as member or chairman of said
board. The annual salary of each of the other two members shall
be fixed by the board of mayor and aldermen, and the board shall
be furnished by said city with suitable offices.
Powers and Sect. 3. The board shall have full charge, supervision, man-

agement and control of the building, constructing, repairing and
maintaining of all highways and sewers, the developing, improv-
ing and maintaining of all parks and city yards, and the main-
taining and carrying on of street cleaning; they shall have the
expenditures of all appropriations which the board of common
council shall from year to year vote for such purposes, and all
bills and payrolls for expenditures from the appropriations voted
from year to year by said common council for such purposes, shall
be approved by said board before the same are paid by the city
treasurer ; they shall further have the power to regulate the traffic
and travel upon, the placing of encumbrances in, and the moving
of buildings through the highways of said city, the construction
and maintenance in, over, under and along the highways of said
city of all wires, pipes, poles and all other structures belonging
to individuals, firms, corporations or public utilities, which now
or hereafter may be permitted by vote of the board of mayor and
aldermen to be placed in, over, under or along said highways.
Said board is hereby authorized to provide for the furnishing
and delivering of supplies, and the performance of any work
contemplated in this act by contract, and in so doing, to call for
proposals for furnishing and delivering such supplies or doing

duties.

1911] Chapter 369. 417

such work, and to make a contract therefor in the name and
behalf of the city with the lowest responsible bidder, provided, it
shall be deemed for the best interests of the city, who shall furnish
proper surety for the faithful performance of the contract, fjro-
vided however that in the employment of labor, citizens of Man-
chester shall be given ])reference, and in the making of contracts
such preference shall be stipulated for when practicable ; said
board shall annually between the first and fifteenth days of Jan-
uary, transmit to the board of mayor and aldermen, an estimate
of the appropriations required for the maintenance of parks, city
yards and street cleaning, for the constructing, repairing and
maintaining of highways and sewers in said city for the ensuing
year, and they shall make a detailed report to the board of mayor
and aldermen of the doings of said board, for the year ending
December 31st of each year. The board shall make such rules
and regulations governing the conduct of the business contem-
plated under this act as they may deem expedient, and they shall
for the carrying out of the purposes of this act have all the powers
now by law vested in the board of street and park commissioners,
and the various city departments and officials of said city noAV
having control of the matters covered by this act.

Sect. 4. The board shall hold one regular meeting each Meetings;
month at 2 o'clock p. m. on the Tuesday immediately preceding appointment
the closing of the city draft. Special meetings may be held ^° "'''^^'
subject to the call of the chairman. Said board shall immediately
after the passage of this act appoint a civil engineer and fix his
compensation as agent of said board, for a term of six years from
the first Tuesday of April, 1011, and thereafter in every sixth
year, to hold ofilce until his successor is appointed and qualified,
the oflScial title of said agent shall be engineer. The duties of the
board shall be advisory in nature, they shall prescribe or lay out
beforehand the work contemplated under this act. The duties
of the engineer shall be administrative and executive in nature,
and to him shall be committed the carrying into effect or to com-
pletion all the work prescribed or laid out by the board ; to this
end said board shall delegate to him authority in the management
and control of the office, horses, wagons, machinery, tools, equip-
ment, buildings and other property provided for carrying out the
work contemplated under this act, the authority to employ,
appoint or hire, to dismiss or discharge such subordinate officers,
agents, clerks and other persons as he may deem expedient. Said
board shall adopt a schedule of grades of relative positions, to
include all subordinate officers, agents, clerks and other persons
who are employed or may be employed in carrying into effect or
to conmletion the work contemplated under this act, and said
board shall determine and fix the compensation thereof. But the
minimum wages shall not be less than one dollar and seventy-fiA^e
cents ($1.75) per day for the. laborer; the engineer shall act

418

Chapter 360.

[1911

Repealing
clause; act
takes effect
on passage.

as clerk of the board and shall perform all the duties heretofore
pertaining to the office of the chief engineer of the city.

Sect. 5. All acts and parts of acts inconsistent with the pro-
visions of this act are hereby repealed, and this act shall take effect
upon its passage.

[Approved April 15, 1911.]

CHAPTER 360.

AjS" act to EEVISE the charter of the city of NASHUA.

Section

1. Corporate existence continued.

Property rights, etc.

Division into wards.

Mayor and board of aldermen.

Municipal elections, when held.

Nominations, how made.

Elections and primaries, where held.

Inspectors of check-lists.

Preparation of check-lists.

Check-lists for primaries.

Municipal elections, how conducted.

Official primary ballots.

Official election ballots.

Preparation of ballots.

Plurality to elect.

Tie vote for mayor or alderman.

Tie vote for other officers.

Form of official ballots.

Names of candidates, how grouped.

Dispositon of ballots and tally-
sheets.

Recounts and contests.

Election in 1911.

Vacancies, how filled.

Tenure of office of mayor and al-
dermen.

Organization of mayor and alder-
men.

Vacancy in office of mayor, how
filled.

Vacancy in office of alderman, how
filled.

Mayor, powers and duties of.

Same subject.

To be member of board of public
works.

Board of aldermen, powers and
duties of.

2.
3.

9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.

21.
22.
23.
24.

25.

26.

27.

28.
29.
30.

31.

Section

32. Committees of board of aldermen.

33. Board of public works, how elected.

34. Powers and duties of board.

35. Same subject.

36. To submit estimates of appropria-

tions.

37. To grant certain licenses and per-

mits.

38. Board of assessors, election and

duties.

39. Organization of board.

40. Offices and business hours.

41. Meetings of board.

42. Chairman of board.

43. Clerk of board, duties of.

44. Employment of assistants.

45. Books and records.

46. Expenses to be certified.

47. Board of education, election and

duties.

48. Certain offices continued.

49. City clerk and other officers, how

chosen.

50. Removals from office.

51. Alderman not eligible to other of-

fice.

52. Municipal officers not to deal with

city.

53. Salaries of mayor and aldermen.

54. Compensation of other officers.

55. Prior enactments, when saved or

repealed; ordinances to be revised;
city marshal to grant certain
licenses.

56. Present incumbents to hold over.

57. Adoption of act by majority vote;

election, how conducted; votes,
how returned.

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

Corporate
existence
continued.

Section 1. The inhabitants of the city of ISTashua shall con-
tinue to be a body politic and corporate under the name of the
''City of I^ashua," and as such shall exercise and enjoy all the

1911] Chapter 3S0. 419

rights, immunities, powers and pri\'ileges, and shall l)e subject to
all the duties and obligations now incumbent on or pertaining to
said city as a municipal corporation.

Sect. 2. All existing property now of said city of Nashua fj^^jP^y^^t^
shall be and remain vested in said city under the provisions of
this charter, and all debts and obligations of said city shall be
considered and shall continue for all purposes to be the debts and
obligations of said city of iSTashua under this revised charter.

Sect. 3. The city shall continue to be divided into nine wards ?^\^o' wTrds.
as at present constituted, and except as herein otherwise provided,
the general laws relative to wards of cities, officers thereof, and
voters, check-lists, election and jurors therein shall be applicable
to such wards.

Sect. 4. The administration of the fiscal, prudential, munic- ^^"^0?°*^
ipal and other affairs of the city and the government thereof, shall, aldermen,
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 board to be called the board of public works. The board
of aldermen shall consist of the mayor as ex-ojficio chairman and
nine aldermen, sitting and acting together as a single body. The
mayor shall be chosen by the qualified voters of the city at large,
voting in their respective wards and the aldermen shall be elected,
one from each ward, by the qualified voters thereof, and a ma-
jority of said board shall constitute a quorum for the transaction
of business. The city clerk shall act as clerk of said board.

Sect. 5. All city and ward officers who are to be elected by ^"c°ions^'
the legal voters of the city or of any ward therein, except when held,
moderators, ward clerks, selectmen and inspectors of check-lists,
shall be chosen at elections hereinafter called municipal elections,
to be holden on the Tuesday following the first Monday of No-
vember, in the year 1911, and biennially thereafter on the Tues-
day following the first Monday of ISTovember.

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 fourth Tuesday preceding such
municipal election.

Sect. 7. The municipal elections and primaries shall be prfmarfel ^'^'^
holden at the regular polling place in each w^ard, or if there be where held.
no such regular polling place, at a suitable place in the ward
provided and equipped for that purpose by the selectmen of the
w^ard at the expense of the city.

Sect. 8. There hereby is established and continued in said chl^^-i^sts °^
city a board of inspectors of check-lists, consisting of one person
to be chosen by each ward at every state biennial election, who
ishall hold office for two years, from the first secular day of
January following their election, or until others are elected and
qualified in their stead. The persons thus chosen, having been
first sworn in the manner herein prescribed, shall choose a chair-

of check-lists.

420 Chapter 360. [1911

man and clerk from their own number. Said insj^ectors shall for
all elections prepare, post wp, revise and correct check-lists in the
manner in which check-lists are by law required to be prepared
for use at general biennial elections and they shall deliver an
attested copy of the lists of voters, so prepared and corrected, to
the clerks of the respective w\irds before the time for opening of
any meeting of the voters ; and the said ward clerks shall use the
list of voters, prepared and corrected as aforesaid, and no others,
at the election in said wards. In preparing the list of voters,
said inspectors shall record the first name of each voter in full,
but may use initial letters to designate the middle name or names
of any voter; they shall also record against the name of each
voter the name of the street, and the number of dwelling, if num-
bered, in which the said voter resides ; if not numbered, then such
description as shall indicate as nearly as possible the residence of
such voter,
preparation Sect. 9. The Said board of inspectors shall be in session at

the City Hall building or at such other suitable place as they
shall designate for the purpose of revising and correcting the list
of voters, for six consecutive days beginning Avith the second
Monday next preceding any election day, except as herein other-
wise provided. They shall hold sessions on said days as follows:
from nine o'clock in the forenoon until twelve o'clock noon, and
from two o'clock in the afternoon until five o'clock in the after-
noon on each of said days, and they shall hold sessions upon the
Friday and Saturday next preceding election days from seven
o'clock in the evening until nine o'clock in the evening. Due
notice of such session shall be given. They shall conduct their
hearings according to the provisions of the law governing super-
visors of check-lists and be subject to the same observances and
penalties. They may prescribe such regulations and require the
aid of such police officers as may be necessary to secure order,
and grant every person the right to be fully heard. The inspectors
shall further be in session on the day of any election from eight
o'clock in the forenoon until twelve o'clock noon, and from one
o'clock in the afternoon until three o'clock in the afternoon for the
purpose of hearing cases which may not have been presented to
the board during its session, and in case the name of any legal
voter has been omitted from the check-lists, and it is within the
knowledge of the board of inspectors that his residence has been
the entire year next preceding the day of election in the ward
where he claims the right to vote, said inspectors may certify the
same to the moderator of the ward in which he is entitled to vote,
who shall receive his vote, and the ward clerk shall check the
name of such person so voting on the back of said certificate, and
shall return the same to the inspectors with the check-list. Any
vacancy occurring in said board of inspectors, from any cause,
shall be filled by the board of aldermen, by electing a person res-

ID 11 J Chaptek 360. 421

ident in the ward in which such vacancy occurs, by a majority
on a viva voce vote, taken on a roll call.

Sect. 10. The board of inspectors of the check-list shall checkUsts^^^^^
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 check-lists so prepared
shall be further corrected for use at the succeeding municipal
election at sessions of the said board to be holden on the Friday
and Saturday next preceding such municipal election, during the
same hours as above set forth in section 9, notice of which sessions
shall be given on the check-lists posted before the preceding pri-
mary; 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 preserva-
tion 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 who would
not be entitled to vote in the same ward at a general biennial
election holden on the same date.

Sect. 11. The municipal elections and primaries shall be ^^°j|^'^|-^ j^^^^
conducted by the regular election officers of the wkrds, and all conducted,
provisions of the Public Statutes and amendments thereto, penal
or otherwise, relating to tile warning and manner of conducting
general biennial elections, the 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 elections 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 eight o'clock in
the forenoon to four o'clock in the afternoon in each ward.

Sect. 12. The official ballots for use at each primary shall official
be prepared by the city clerk, at the expense of the city, and no ballots,
other ballot shall be used at such primary. Any person qualified
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 later than five o'clock in the afternoon of the
fourth day before the primary, his declaration in writing that
he is a candidate and paying to the city clerk if a candidate for
the office of mayor, the sum of ten dollars, officers to be chosen by
the voters of the city at large, five dollars, and ward aldermen
and other officers to be chosen by the voters of a single ward, three
dollars.

Sect. 13. The two candidates for mayor and the six candi- official
dates for members of the board of public works, and the eight ba^iiotT

422

Chapter 360.

[1911

Preparation
of ballots.

Plurality
to elect.

Tie vote for
mayor or
alderman.

Tie vote for
other officers,

Form of

official

ballots.

candidates for members of the board of education, and the six
candidates for members of the board of assessors, receiving the
largest number of votes cast in the city at large at the primary,
and the two candidates in each ward 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 plurality vote in the manner above set forth, and their namea
printed upon the official ballot to be used at such election. In
case the number 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.

Sect. 14. The official ballots for use at each municipal elec-
tion 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. 15. 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. 16. In case at any municipal election two or more can-
didates for the office of mayor or for the office of alderman shall
receive the largest and an equal number of votes, a supplementary
election for mayor or alderman as the case may be shall be held
in the city at large or in the ward according to the office to be
filled on the second Tuesday after such municipal election, which
supplementary election shall be warned and conducted in all
respects as municipal elections are by this act required to be warned
and conducted, except that only seven days' warning shall be
required. 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. 17. In case of a tie rendering impossible the determina-
tion 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.

Sect. 18. The official ballots prepared by the city clerk for
use at the municipal elections and primaries shall conform as

1911] Chapter 360. 423

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 provisions of the Public Statutes and amendments
thereto defiinng the duties of the secretary of state with reference
to the printing and distributing of ballots, sample ballots, cards
of instruction and other nuiterial for use at general l)iennial
elections shall be followed by the city clerk in providing like
material for use at the municipal elections and primarios, except
so far as rendered inapplicable by the provisions of Iims act.

Sect. 19. Upon such official ballots the names of the can- ^n^fdates,
didates for each office shall be grouped in the alphabetical order ^^"^ grouped.
of their 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 election. 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 writing the name
of any person or persons for whom he desires to vote in the
appropriate blank space or spaces. If a voter, either at a munic-
ipal 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 can-
didate for that office.

Such official ballots shall be indorsed "Primary Election of the
City of Xashua," or "Municipal Election of the City of ISTashuf *"
as the case may be, and "Official Ballot," with the date of the
primary or election and a facsimile of the signature of the city
clerk.

Sect. 20. The ballots and tally-sheets used at each municipal
election and primary shall be sealed up in the manner by law of ballots and
provided in ease 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, 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 returns, 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 munic-
ipal election and primary to the board of aldermen, at a meeting
to l)e holden at seven o'clock in the afternoon on the Tuesdav next
following such election or primary, and the board of aldermen
shall canvass the returns and declare the result. Such declaration
shall be dulv recorded by the city clerk and, except as hereinafter
provided, shall be conclusive as to right of the persons declared

42-4

Chaptee 360.

[1911

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.
Recounts and Sect. 21. Any candidate who is dissatisfied with the return
contests. ^f ^j^g y^^g ^^ ^^-^j 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 bv
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 can-
didates at least forty-eight hours before the meeting of the board
of aldermen at which the returns are to be canvassed. The board
of aldermen, at said meeting or at an adjourned meeting or meet-
ings specially held for that purpose within one week thereafter,
shall thereupon recount the ballots in the presence of the inter-
ested parties, or their representatives 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 declaration shall be duly recorded by the city clerk and
shall be final and conclusive. The city clerk shall retain all pack-
ages containing ballots returned to him, unopened until the time
for demanding 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. 22. With reference to the primary and municipal elec-
tion for the year 1911, the duties imposed on the board of alder-
men by the two preceding sections as to the canvassing of returns
and recounts and contests shall be performed by the existing city
councils in convention.

Sect. 23. In case any officer chosen at a municipal election
shall decline the office or die prior to the first secular day of
January next following his election, the incoming board of alder-
men shall fill the resulting vacancy at its first meeting in the
manner hereinafter provided as to a like vacancy occurring after
its inauguration.

Sect. 24. At such first municipal election there shall be
chosen a mayor to serve for two years and one alderman from
each ward to serve two years. At each succeeding municipal

Election
in 1911.

Vacancies,
how filled.

Tenure of
office of
mayor and
aldermen.

1911] Chapter 360. 425

election there shall be chosen a mayor to serve for two years, and
one alderman from each ward to serve for two years. The mayor
and aldermen so chosen shall hold their respective offices from the
first secular day of January next following their election, for the
terms above specified and until their successors are chosen and
qualified.

Sect. 25. The mayor and ahlermen so chosen shall meet at organization
ten o'clock in the forenoon on the first secular day of January next aid™m^n.^"
following their election, in their capacity as the board of alder-
men, for the pur]iose of taking their respective oaths of office,
organizing, adopting rules for the transaction of business by such
board, election of such officers as are by law or ordinance required
to be elected, and transacting any other business required by law
or ordinance to be transacted at such meeting. The mend:)ers of
the board of education, board of assessors, board of insi)ectors of
check-lists, board of public works, and all other officials who are
required to take an oath of office, shall meet in convention v/iih
the lioard of aldermen at said time and take their respective oaths
of office.

Sect. 26. In case a vacancy, occurs in the office of mayor, by vacancy in
death, resignation or otherwise, the board of aldermen shall choose mayor, how
one of the aldermen 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
qualifying as mayor his office as alderman shall be deemed
vacant. In the event of the mayor's absence from the city, or
disability from sickness or other cause, for such length of time
as, in the judgment of the board of aldermen, renders such action
necessary, such board may choose one of the aldermen acting
mayor; and the person so chosen shall thereupon have all the
powers and perform all the duties of the mayor during the con-
tinuance of the latter's disability or absence, but shall not thereby
vacate his office as alderman.

Sect. 27. In case a vacancy occurs in the office of alderman vacancy in
from any cause, the board of aldermen shall choose some duly qual- alderman,
ified person not already a member of that body to fill the same._ In ^°^ fi"^"^-
case any officers other than mayor and aldermen shall be required
to be chosen by popular vote at municipal elections, vacancies oc-
curring in such offices shall be filled hj the l)oard 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. 28. The mayor shall be the chief executive officer of|M^°/^' ^^^
the city, and cause its laws and ordinances to 1)e executed and/duties of.
enforced ; shall exercise a general supervision over the conduct]
of all subordinate officers, and cause violations or neglects of duty;-
by them to be punished; shall preside over all meetings of the

426

Chapter 360.

[1911

Same
subject.

To be mem-
ber of board
of public
works.

board of aldermen and of the board of public works (but in his
absence from a meeting of either board it may choose one of its
members temporary chairman) ; may call 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 subor-
dinate officers, 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 inconsistent with the provisions
of this act, as now or hereafter may be conferred or imposed upon
him by municipal ordinance or upon mayors of cities by general
law.

Sect. 20. The mayor shall, at all times, have the right to
introduce bills and initiate other measures in the board of alder-
men, and to speak therein upon pending measures without resign-
ing 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 except such as relate (1) to the time, manner or order
of its session or procedure, (2) to the filling of vacancies in its
own membership, the choice of incumbents of other mimicipal
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 nominated or elected at municipal pri-
maries or elections, the determination of the fitness of applicants
for licenses, the removal of municipal officers for cause, the assess-
ment of land damages, or other matters of a judicial nature.

He may exercise such negative by oral declaration at the meet-
ing of the board at which the action by him disapproved is taken,
or in the case of an ordinance, or of a resolution 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 ordi-
nance, and no such resolution, shall take effect until the expiration
of such seven days unless first signed by him. In the case of an
ordinance or resolution containing distinct appropriations or other
severable provisions, he may veto one or more of such ai^ju-opria-
tions or provisions and approve the remainder of the bill, plainly
specifying above his signature thereto the items disapproved,
whereupon the bill shall take effect in accordance with its terms
except as to such items. Xo 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 six aldermen on roll call.

Sp:('t. 30. The mayor shall be a member of the board of public
works for all purposes, including voting and the counting of
quorum.

1011] Chapter 360. 427

Skct. 31. Except as herein otherwise provide<l, the board oi ^°^Y^^^°l
aldermen hereby established shall have all the powers and dis- vowl^^^kd
charge all the duties conferred or imposed upon city councils in "* ^^ ° '
convention, city councils voting concurrently, or boards of mayor
and aldernum acting separately, by chai)ters 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 aldermen
of the city of Nashua by special laws not hereby repealed. All
provisions of such laws pertaining to the ])owers or duties of any
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 ujjon said board all func-
tions 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. 32. The members of all standing committees of the committees
board of aldermen shall be appointed by the mayor, subject to the aldermen."
approval of the board. IS^o ordinance, and no resolution con-
taining an appropriation or contemplating an expenditure of
money, 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 chairman, is endorsed thereon. Upon the final passage of
every resolution or ordinance containing an appropriation or con-
templating an expenditure of one hundred dollars or more, the
vote shall be taken by yeas and nays on roll call.

Sect. 33. The board of public works shall be composed of Board of
the mayor, city engineer and three members to be chosen by the how elected. '
qualified voters of the city at large, voting in their respective
wards. At the first primary to be holden under this act there
shall be nominated six candidates for members of the board of
public works, two of which shall be nominated for the full term
of six years, two shall be candidates for the term of four years,
and two candidates for the term of two years, and at each sub-
sequent primary there shall be nominated two candidates for the
full term of six years. At the first municipal election to be
holden under this act, there shall be elected three members of
the board of public works, one for the full term of six years, one
for the term of four years and one for the term of two years,
and at each subsequent municipal election there shall be elected
one member for the full term of six years, and the members so
chosen shall hold their respective offices from the first secular day
of January, next following their election for the terms above
specified, and until their successors are chosen and qualified.

Sect. 34. The said board shall have cognizance, direction, Powers and
and full control (a) of the construction, alteration, cleaning, wa- board^. °
tering, and repair of streets, avenues, ways, bridges, and side-
walks ; (b) of the location, construction, extension, care, and

428

Chapter 360.

[1911

Same
subject.

To submit
estimates of
appropria-
tions.

maintenance of public sewers and drains; (c) of the planting
and care of the shade and ornamental trees standing in the
streets and public ways; (d) of the location and supervision of
electric power, electric light, telephone, telegraph, and trolley
wires; of electric light, telephone, and telegraph poles, and of
any gas and water pipes, and other conduits, and the erection,
placing and removing thereof, (e) They shall have all the power
and authority now vested in the committee on highway and
bridges, and the committee on sewers and drains, of the city
councils, as well as full power and authority to contract for and
purchase all materials and supplies used in the department
created by this act. (f) They shall have the purchasing as well
as the care and control of all teams and other property used in
the department of public works established as aforesaid, and all
powers and duties by law vested in surveyors of highways shall
apply to the said board of public works, when not inconsistent
herewith.

Sect. 35. The board of public works shall have the expendi-
ture of all appropriations voted by the board of aldermen for any
purpose specified in the preceding section, and all bills for ex-
penditures for such purpose 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 said board in
whatever capacity they may order. Said board may employ a
superintendent of streets and such other agents and employees 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 subordinates
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 equipment
owned by the city for the purposes of such work ; may from time
to time purchase all new equipment required for such purposes,
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 performance
of any work under its charge by contract, and for that pur]:)ose
call for proposals and make and execute in the name and on the
behalf of the city a suitable contract therefor with the lowest
responsible bidder, taking from him proper security for the per-
formance of such contract ; but no such contract shall call for the
expenditure of a sum exceeding the amount appropriated or avail-
able for such work.

Sect. 36. The board of public works, shall as early as prac-
ticable in each year, and not later than February first, submit to
the board of aldermen or its committee on finance a detailed

1911] Chapter 360. 429

estimate in writing of the appropriations required for that year
for the purposes referred to above; and whenever at other times
a special appropriation 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 such purposes, other than fixed charges
and general maintenance and repairs, unless an appropriation for
that purpose has first been requested by the board of public works ;
and the latter board shall undertake no highway or sewer work
in the nature of new construction or permanent improvement
unless an appropriation therefor 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 that 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 depart-
ments.

Sect. 37. The board of public works shall also have exclusive To grant
jurisdiction, subject to the laws of the state and to such lawful iTcenses and
regulations in the premises as the board of aldermen may from p^'"™*'^^-
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 con-
ferred on boards of mayor and aldermen or other municipal offi-
cers relative to the location, relocation and manner of construction
of street-railway tracks. Authority to grant permits for excava-
tions and other temporary obstructions, and to designate the par-
ticular 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. Whenever any street, highway or side-walk 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. The salary of the three members of the said board
elected at large shall be fixed by the board of aldermen.

Sect. 38. There shall be in the city a board of assessors con- Board of
sisting of six members, who shall have all the powers and be efecuon^and
subject to all the liabilities by law conferred or imposed on as- ^"t'^s.

480

Chapter 360.

[1911

Organization
of board.

OflBces and

business

hours.

Meetings
of board.

Chiairman
of board.

Clerk of board
duties of.

sessors of taxes in cities, and perform such further duties as the
board of aldermen may from time to time prescribe by ordinance.
At the first primary to be holden under this act, there shall be
nominated six candidates for the board of assessors, who shall
be nominated as candidates for the term of four years. At the
first municipal election to be holden under this act there shall
be elected three assessors whose term of office shall be four years
from the first secular day of January next following their elec-
tion, and until their successors are duly chosen and qualified.
At each succeeding municipal election there shall be chosen three
members of said board of assessors for the full term of four years
each. Rowe R. Hooper, James H. Waters and Henry H. Davis
shall hold their respective offices until December 31, 1911 and
Charles H. Runnells, Charles H. Burke and Arthur H. Cotton
shall hold their respective offices until December 31, 1913.

Sect. 39. The board of assessors shall meet for organization
within one week after the first Tuesday of January, in the year
1912, and biennially thereafter. At such meeting they shall
choose one of their number to act as chairman for a term of two
years and one member to act as clerk for two years. The said
chairman and clerk shall respectively do and perform all the duties
pertaining to said position as now defined by law. The said
assessors constituted as aforesaid shall receive such salary as the
board of aldermen of said city may determine.

Sect. 40. The board of assessors shall have an office assigned
to them 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 holi-
days 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,
another member of the board shall attend at such office daily
during the regular office hours.

Sect. 41. 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 business hours. And the board shall hold such
additional meetings, in the day time or evening, as may be nec-
essary to give all tax payers a convenient opportunity to be heard.

Sect. 42. 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. 43. 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

1911] Chapter 360. 431

books, accounts and records of the hoard, conduct its correspond-
ence, and generally act as its executive officer, subject to the direc-
tion of the majority of the board as to the nietliods of iK-rforming
such duties.

Sect. 44. The lioard of ahlcrincii may by ordinance authorize Employment

ii 1 1 X" i. I • i ' 1 ' i 1 • -of assistants.

the board oi assessors to emi)loy assistants, not exceeding one m
each ward to aid in making the list of ratable polls, such assistants
to be employed for such time and at such compensation as shall
be fixed by the board of aldermen. It may also, by ordinance,
authorize the employment of such clerical assistance as may be
required by the board of assessors, and fix the amount to be
expended for such assistance.

Sect. 45. All books and records of the board of assessors shall ^ooks and

11 j-i- 11111 n- records.

be the property of the city, and shall be at all times open to
public inspection during the office hours of the clerk.

Sect. 46. The accounts for the reasonable expenses of the Expenses to
board of assessors shall be certified by a majority of the board,
and upon approval by the board of aldermen shall be paid by the
city treasurer.

Sect. 47. There shall be continued in said city a school com- gpard of
mittee which shall be styled the board of education and which education,

_ elGCtion

shall consist of twelve members. Harry H. Blunt, Charles E. and duties.
Congdon, Albert J. McKean, and Daniel W. Perry shall continue
to hold the offices they now hold until December 31, 1911 : John
H. Field, Arthur K. Woodbury, Charles W. Howard and Arthur
L. Wallace shall continue to hold the offices they now hold until
December 31, 1913, and John D. Gardiner, Frank P. Rideout,
Ernest W. Gray and Walter F. N'orton shall hold the offices they
now hold until December 31, 1915.

At the primary to be holden under this act in 1911 there shall
be eight candidates nominated for membership on said board who
shall be candidates for the full term of six years and at each
succeeding primary there shall be a like number nominated for
a like term and at each municipal election holden under this act
there shall be elected four members to serve on said board for
the full term of six years, from the first secular day of January
next following their election, or until their successors are duly
elected and qualified. The said board shall elect one of their
members as president and one as clerk for the term of two years
from its biennial organization and the clerk shall receive such
compensation as shall be fixed by the board of aldermen.

Said board shall perform such duties as are prescribed now by
law or such as may from time to time be prescribed.

Sect. 48. The police court, board of police commissioners Certain offices
and police force, board of fire commissioners and fire department, continued,
board of park commissioners, and the boards of trustees of ceme-
teries and public library, sinking fund and Hunt legacy, and all
other bodies or officers not specially abolished or superseded

432

Chapter 360.

[1911

city clerk
and other
officers,
how chosen.

Removals
from office.

herein, as at present constituted, are hereby continned, providing
liowever, that the board of aldermen, shall, in all cases where
members of any board of commissioners or trustees are required
to be named or elected, name or elect the member or fill any va-
cancy in said board without convention with any other body.

Sect. 49. The city clerk, the city treasurer, city solicitor,
collector of taxes, city physician, city engineer, board of health,
overseer of the poor, city messenger, and all other officers estab-
lished by law or ordinance, except the justices and clerk of the
police court, the board of police commissioners and members of
the police force, and officers whose selection is committed to
popular vote or to the board of public works or otherwise provided
for by this act, shall, in all cases where salaries or other compen-
sation for services payable from the municipal treasury are at-
tached to their offices, be chosen by the board of aldermen, and
shall in all other cases be appointed by the mayor subject to con-
firmation by said board, and all vacancies occurring in such offices
shall be filled in the same manner. In filling vacancies in the
office or in its own membership, and in choosing assessors and all
other officers 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 dif-
ferent 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 aftect the exclusive
power of the board of public works, under this act, to select its
own subordinates, and determine their duties, terms of service
and compensation.

Sect. 50. 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 or a member of the board of
assessors of the board of public works for prolonged absence from
or other inattention to duty, mental or physical incapacity, in-
competency, crime, immorality, or misconduct in office, by affirm-
ative vote on roll call of at least six aldermen. Any other officer
chosen by the board of aldermen may be removed hx 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 by a subordinate board, under authority of an ordi-
nance may be removed in such manner as the city ordinances may
prescribe; provided, that the board of pulilie works shall have

IDllJ Chapter 800. 438

exclusive authority to disuiiss 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. 51. Xo alderman shall, during his term as such, be nof^eugibie
eligible to hold any other municipal office except acting mayor, to other
memljer of the board of public works, and volunteer member of
the fire department; and no board or commission established in
the city and empowered to select subordinates shall, except where
expressly authorized 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. 52. Xo alderman or other officer shall, during his term Municipal
of office, sell to or buy from the city any goods or commodities to deal
otherwise 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 membei'
of the board of aldermen, 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 tax payer.
Any official violating any provision of this section shall forthwith
be removed from his office by the board of aldermen under this
act, and shall, on conviction of such violation, be deemed guilty
of bribery.

Sect. 53. The salary of the mayor shall be fifteen hundred ^\'yor^\nd
dollars per annum, payable monthly. aldermen.

The salary of each alderman shall be one hundred dollars per
annum. The salaries of the aldennen 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 aldermen, which the record of
the city clerk shall show he failed to attend ; except that a member
may be excused for unavoidable non-attendance at any of its
meetings, by vote of a majority of the members thereof, and no
deduction 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.

Sect. 54, Unless otherwise provided bv this act or bv other compensa-

11 IT ii"^i '• r- tion of other

statutes not hereby repealed or superseded, the compensation for officers,
services of all other city and ward officers, except appointees and
employees of the board of public works, may be fixed by ordinance

434

Chapter 360.

[1911

certain
licenses.

or determined in such manner as the city ordinances may pre-
scribe.
Prior enact- Sect. 55. So niuch of the oriffinal charter of said city, and

ments, when . . o i' 7

saved or of the Special acts since passed in amendment or supplement
ordinances to thereof, as is uow in force relative to police court, police commis-
ciV^^marsiiai sioucrs, policc forcc and fire department and other officers as
to grant referred to in section 48, 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,
inconsistent with the provision of this act 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 here-
with. The board of aldermen hereby established shall cause the
city ordinances to be thoroughly revised conformalily with this
act as soon as practicable ; pending such revision all existing
ordinances 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 incon-
sistent herewith. In all existing laws, ordinances and regulations
hereby saved, references to the city councils, board of mayor and
aldermen, street commissioner or other bodies or officers hereby
abolished or superseded, or to bodies or officers whose constitution
or functions 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.

The city marshal or chief of police of said city shall have full,
complete and final power and authority to grant or refuse to
grant, or revoke any and all applications for licenses of bowling-
alleys, pool-rooms, pool-tables, pawnbrokers, theatres, moving
picture shows, public dance halls, circuses and street venders.
He shall keep a record of all licenses so granted and of those so
refused, together with his reasons for such refusal, to be kept in
a suitable book or books, provided at the expense of the city for
that purpose, wdiich shall be open to the inspection of interested
parties or their representatives. If any licensee violates the terms
of his license or any law relating thereto, the said city marshal
or chief of police shall revoke the same and it shall not be re-issued
to the same individual. Such licenses shall be issued under such
restrictions and regulations as the board of aldermen may order.
Sect. 56. The incumbents, when this act takes effect, of all
municipal offices not hereby abolished or superseded shall continue
to hold the same until their successors are chosen and qualified or
such offices are abolished or superseded by lawful ordinances,
actbymajority Sect. 57. This act shall not take effect unless it is adopted
how conducted'; bv a majority vote at a special election to be holden in the city
t^»teMiowre- ^^£ -^r^^\nm on the first Tuesday of June, 1911. The selectmen

Present in-
cumbents to
hold over.

1911] Chapter 360. 435

of the several wards in said city shall warn the meetings to be
holden in their respective wards to pass upon the adoption of this
act, in the manner required for the warning- of regular l)iennial
elections. They shall insert in their warrant an article providing
for taking the sense of the qualified votes upon the following
question : '"Shall the provisions of an act entitled 'An act to
revise the Charter of the City of Xashua' 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 ballots for use at said election. The
number of ballots furnished for use in each Avard shall be the
same as is by law required to be furnished for use at regular
biennial elections, and the laws governing 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 Nashua, Special Election, June 6, 1911, and the question:
''Shall the provisions of an act entitled 'An act to revise the
Charter of the City of Nashua' be adopted ?" Beneath said ques-
tion shall be printed the word "Yes" and the word "No," with a
square innnediately opposite each of said w^ords, and the voter
shall indicate his choice by making a cross in the appropriate
square. The ballots shall be indorsed on the back, "City of
Nashua, Special Election, June 6, 1911, Official Ballot," with a
facsimile signature of the city clerk. Said election shall be con-
ducted by the regular election officers in each ward, and all laws
applicable to regular biennial elections with reference to the cor-
recting, revising, use and preservation of check-lists, the prepa-
ration 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, June 8, 1911, at the council chamber.
The city clerk shall at that time open and lay before them the
returns of the votes in the several wards, and they shall canvass
the returns and declare the result, which 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 ; otherwise, it shall be

436 Chaptek 860. [1911

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 the council chamber, open the packages
containing the ballots used at said election, in presence of the
mayor and board of aldermen and such others as may choose to
attend. The mayor and board of aldermen shall thereupon re-
count 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 election
within the meaning of all 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 duties to perform with reference to said election.

[Approved April 15, 1911.]

STATE OF NEW HAMPSHIRE.

Office of Secretary of State.

Concord, July 31, 1911.
I hereby certify that the acts and resolves and changes of
names contained in this pamphlet have been compared with the
originals in this ofhce, and found to be correctly printed.

EDWARD N. PEARSON,

Secretary of State.

INDEX.

I N D e: X

NEW HAMPSHIRE LAWS

PASSED JANUARY SESSION 1911.

Page

ADJUTANT-general, appropriation for clerical expenses of 105

printing report 277

appropriations for department 211, 267

to furnish funds to paymasters 123

to have rank of brigadier-general 5, 123

Adoption of infants, procedure prior to 152

of person of full age, how effected 167

Advertising for political purposes to be designated and signed... Ill

Antrim, establishment of light and pov^'er plant authorized 377

Appeal from police court or justice, copies, with whom filed 116

Apportionment of representatives to general court 86-89

Appraisal by one person, judge of probate maj^ authorize 57

Appropriation for adjutant-general 105, 211, 267, 277

attorney-general 208, 264

bank commissioners 207, 263

board of agriculture 210, 266

boulder at Horace Greeley birthplace 273

bounties on bears, grasshoppers, and hedge-
hogs 211, 267

buoys, flags, etc., at Lakeside, Sunapee lake.. 297

Christine Lake highway 244

cleaning Hannah Dustin monument, etc 278

constitutional convention 208, 299

Dartmouth College 209, 265, 300

deaf, dumb, and blind 209, 265

deputy secretary of state 277

executive department 206, 262, 294

firemen's relief fund 211, 268

fish and game commission 212, 268, 277

fish hatchery at Conway 294

forestry protection 212, 219, 268

forest reservation at Crawford Notch 133

free treatment of tuberculosis patients 290

441

442 INDEX. [1911

Appropriation for Gettysburg memorial to First New Hamp-
shire Battery 297

representation at fiftieth anniver-
sary of battle 299

Grand Army of the Republic 213, 269

j ■ Granite State Deaf Mute Mission 281

Hall of Heroes commission 243

highway department 212, 268

indexing 207, 263

Industrial School 210, 253, 266, 277, 298, 300

insurance commissioner 207, 263

interest charges and maturing bonds 212, 268

investigation of illegal railroad rates 261

labor bureau 210, 266

legislative expense 208, 264

lights and buoys 211, 267

lunacy commission 209, 265

medical referees 211, 267

moth suppression 212, 268

Mount Crotchet road 296

New Hampshire board of registration in den-
tistry 211, 267

College of Agriculture 209, 265

Historical Society 213, 269

Horticultural Society 283

School for Feeble-minded

■ Children 210, 266, 295

Settlement Ass'n 301

Soldiers' Home 210. 266, 281

State Hospital 209, 249, 266

State Sanatorium... 210, 266, 277, 285

pharmacj' commissioners 211, 267

Prisoners' Aid Ass'n 210, 266

probate courts 208, 264

public instruction 209, 265, 277

public printing commission 207, 263

public service commission 207, 263

publication of proceedings at state house

dedication 274

purposes of child labor act 181

railroad commission report 294

screening Blaisdell lake 287

Half Moon pond 291

Montgomery lake 293

Success pond 293

Suncook pond 292

Webster lake 288

secretary of state 206, 262

state aid to common schools 236, 277

state auditor 207, 263

state board of charities and correction 209, 265

1911] INDEX. 443

Appropriation for state board of healtli 210, 266

state historian 213, 269

state house 207, 264, 277

statelibrary 209,265,277

state normal school, Keene 209, 265

Plymouth 209, 265

state prison 210. 266, 277

state reformatory committee 287

state treasury 207, 263, 294

steamboat inspectors 211, 267

superior court 208, 264

supreme court 208, 264, 277

tax commission 207, 263

Appropriation in favor of Bartlett, John F 302

Bean, Charles H 286

Bent & Bush Co 302

Beverstock, Oscar D 302

Bickford, Arthur F 276

Brandeis, Louis D 303

Britton, A. H. & Co 303

Brown, Fred G 276

Burroughs, Sherman E 303

Calvert, Edgar H 301

Carey, Bernard W 303

Carter, George E 303

Chandler, Preston 284

Chase, Frank A 302

Chronicle & Gazette Publishing Co 303

Clifford, M. E. & Co 303

Collins, Margaret E 302, 303

Concord Steam Laundry Co 303

Cook, Edmund S 303

Critchett, William W 301

Davis, Albert P 301

Davis, Harold L 276

Dodge, Alfred T 302

Donovan, Mary E 302

Dow, Jacob F 302

Dow, William B 302

Eastman, Edson C 303

Edgerly, Edwin B 302

F. E. Nelson Co 302

Felch, Albert D 284

Fitzpatrick, Martin W 302

Foss, Clayton C 276

Foster, George J. & Co 303

French, James E 302

Garland, Charles C 302

George, Helen 302, 303

Gerry, James 0 283

Click, E. L.

303

444 INDEX. [i;ni

Appropriation in favor of Goodman, W. P 302

Gordon, Earle C 303

Hag-gett, William M 303

Harrity , Peter T 291

Hawkes & Davis 302

Hayes, Edward J 302, 303

Herald Publishing- Co 303

Hewitt, C. E 292

Holden, Charles A 302

Holman, William M 302

Howard. Waldo E 276

Ideal Stamp Co 302

J. C. Derby Co 303

Jenkins, Melvin J 301

Jenks, Walter L. & Co 302

John B. Clarke Co 302

Laws, William H 302

Lord, Harry T 280

Loughlin, James A 301

Manchester Union Co 302

Melvin & Fitts 302

Merriman, Carl P 302

Merryman, Carl C 276

Monitor & Statesman Co 302

Nelson, Howard O 302

Nelson, N. C. & Co 303

Nilson, Alma E 302

Niven, John L 285

O'Dowd, Richard M 302

Parker, Georg-e W 276

Patriot Publishing Co 302

Pillsbury, R. W 303

Pridham. James W 278

Eantoul, Robert 303

Sanborn, Eugene D 302

Sanborn, F. W 302

Sanborn, Lizzie H 302

Sentinel Publishing Co 302

Sias, Newell P 282

Smith, Maurice P 302

Snaith Premier Typewriter Co 302

Spreadby, David 279

Stewart, J. M. & Sons 303

Swain, C. H. & Co 303

Telegraph Publishing Co 302

Thompson & Hoague 302

Thurston, David M 280

Waite, Clayton T 302

Walpole 296

Ward, Walter J. A 302

Warren, Frank F 302

]911] INDEX. 445

Appropriation in favor of Weeks, Nathan O 275

Wells, Walter B 302

Whithed, Solon S 302

Young, Harrie M 302

Arbitration of labor disputes provided for 270, 271

Army and Navy Ass'n of Portsmouth, realty exempted from tax-
ation 395

Attachments, additional, superior court may permit 54

of bulky articles, how made 135

of real estate, how made 55

Attorney-general, appropriations for department 208, 264

authorized to compromise railroad tax litiga-
tion 288

prosecute and defend certain

rate and tax litigation 274

duties defined; salary increased; clerical ex-
pense provided for 251, 252

if incapacitated, acting attorney-general to be

appointed 252

Auditors of printers' accounts, office abolished 30

Automobiles, etc., use regulated; provisions for registration, etc. 137-150

wrongful use of, how punished 61

Balch Hospital exempted from taxation 323

Band concerts, appropriations for by towns authorized 84

Bank commissioners, appropriations for department 207, 263

proceedings for liquidation of banks by.. 69-74

Banking companies, etc., conduct of business regulated 126

Baptist Convention of the State of New Hampshire, charter

amended 325

Bartlett, John F., appropriation in favor of 302

Beach birds, shooting in Eockingham county regulated 56

Bean, Charles H., appropriation in favor of 286

Belknap county, salary of solicitor 23

Bent & Bush Co., appropriation in favor of 302

Benton, acceptance of Mann trust fund authorized, etc 316

Berlin, salary of mayor 384

Beverstock, Oscar D., appropriation in favor of 302

Bickford, Arthur F., appropriation in favor of 276

Birds and eggs, authority to permit collection revoked 100

Black duck, shooting at sea.shore regulated 56

Blaisdell lake, appropriation for screening 287

Blue heron, protection removed 68

protection restored 132

Board of agriculture, appropriations for department 210, 266

Boats, etc., valued at over $100, where taxed 57

Boscawen, equalized valuation per pupil of average attendance,

how determined 157

land of Ai Smith severed from 394

Bounties on bears, grasshoppers, and hedgehogs, appropriations

for 211, 267

Brandeis, Louis D.. appropriation in favor of 303

446 INDEX. [1911

Bribery at elections, etc., how punished 104

Bridges, if covered, to be lighted by side openings 20

Britton, A. H. & Co., appropriation in favor of 303

Brown, Fred G., appropriation in favor of 276

Brush, burning of, regulated 217

Bulky articles, how attached 135

Bull permitted to run at large, penalty and liability 23

Burglary of camps and cottages temporarily used 24

Burial lots, executors, etc.; may pay for perpetual care of 32

Burial of resident dying outside state, record of fi4

soldiers and sailors at state expense 31

Burke. Joseph E., payment to authorized 286

Burroughs, Sherman E., appropriation in favor of 303

Butter, renovated, sale regulated 76

Caledonia Power Co., charter revived 377

Calvert, Edgar H., appropriation in favor of 301

Camps and cottages temporarily used, burglary of 24

Camp fire, neglect to extinguish, how punished 165

Campaign receipts and expenditures, publicity provided for 105

Canterbury, land of Ai Smith annexed to 394

Carey, Bernard W., appropriation in favor of 303

Carroll county, salary of treasurer 58

Carter, George E., appropriation in favor of 302

Cattle killed by cattle commissioners, payment for 160

Cercle Ste. Marie, de I'Association Catholique de la Jeunesse

Franco-Americaine, charter of 319

Chandler, Preston, appropriation in favor of 284

Chase, Frank A., appropriation in favor of 302

Chatham, town-meeting legalized 317

Child labor regulated 176-181

Christine lake, provision for highway to 243

right to fish and take ice 244

Chronicle & Gazette Publishing Co., appropriation in favor of. . . . 303

Claremont, assistant moderator provided for 342

Clerk of court may appoint deputy, for what term 130

Clifford, M. E. & Co., appropriation in favor of 303

Cocaine, sale regulated 10

Collateral legacies and successions, taxation of 44-52

Collins, Margaret E., appropriations in favor of 302, 303

Concord, lighting precinct established in Ward 3 367

oifice hours of assessors fixed 396

Concord, Dover & Rochester Street Railway, charter extended... 327

Concord Steam Laundry Co., appropriation in favor of 303

Connecticut River Railroad, extension authorized 393

Constitutional convention, appropriations for 208, 299

delegates, how and when chosen 246

transportation of 247

when to be held 246

Contoocook lake 35

Contributions for political purposes, corjjoration not to make.... 113

publicity provided for 105

1911] INDEX. 447

Contributions for political purposes, solicitation from corpora-
tion prohibited 113

to whom to be made 107

("ook, Edmund S., appropriation in favor of 303

C()()S county, lease of rooms in court house for school purposes

authorized 404

salary of solicitor 34

Corporation, annual return by; liability of directors in event of

neglect 172

political contributions prohibited 113

Corporations:

Baptist Convention of the State of New Hampshire, charter

amended 325

Caledonia Power Co., charter revived 377

Connecticut River Railroad, extension authorized 393

Dalton Power Co., charter amended 386

Cercle Ste. Marie, de I'Association Catholique de la Jeunesse

Franeo-Americaine, charter of 319

Concord, Dover & Rochester Street Railway, charter extended 327

Derry Gas, Heating-, and Lighting- Co., charter of 354

Dottrar of Norden Lodge of the Order of Vasa of America in

Manchester, N. H., charter of 340

Dover Loan and Trust Co., charter revived and amended 406

First M. E. Church of Rochester, N. H., endowment fund of

$15,000 authorized 325

Helen Fowler Weeks Home, charter of 337

Keene Electric Railway Co., charter extended 327

Laconia Gas and Electric Co., incorporation confirnied 391

Lodge No. 110, Loyal Order of Moose, of Nashua, charter of 322

Meredith & Ossipee Valley Railroad Co., charter extended. . . . 329

Monroe Water Power Co., charter revived 388

Nashua & Hollis Electric Railroad Co., charter extended 328

Nashville Aqueduct, charter amended 342

New Hampshire Orphans' Home, charter amended 349

New Hampshire Universalist State Convention, charter

amended 318

Newport & Sunapee Railway and Development Co., charter

extended 328

North Church in Portsmouth, charter amended 348

North Conway and Mount Kearsarge Railroad, charter ex-
tended 363

Northern Securities Co., reduction in par value of shares

authorized 388

Nute Charitable Ass'n. charter of 380

Ossipee Water and Electric Co.. charter of 374

Peerless Casualty Co., charter amended 318

Pennichuck Water Works, charter amended; may extend

pipes and service to Hudson 343, 345

Peterborough Bank, charter re-enacted 389

Rochester Bank, charter continued 408

448 INDEX. [1911

Corporations:

Bocking-ham County Light and Power Co., right to do busi-
ness in certain towns restricted 352

Salem Water Supply Co., charter of 389

Southern New Hampshire Development and Power Co., char-
ter of -ill

Strafford Bank, charter extended and amended; name

changed to Strafford Trust Co 405

Troy Water and Improvement Co., charter revived 353

Union Guaranty Savings Bank, charter amended; change of

name authorized 403

Unitarian Educational Society, charter amended 356

Walpole & Alstead Street Railway Co., charter of 363

West Concord Lighting Precinct, corporation created 368

Young Men's Christian Ass'n of Portsmouth, N. H., charter

amended; exempted from taxation 358

Crawford Notch, provision for forest reservation in 133

Criminal, observation of, if plea of insanity entered 14

who may offer reward for capture of 161

Critchett, William W., appropriation in favor of 301

Dairy products, adulteration prohibited 76

Dalton Power Co., charter amended 386

Dartmouth College, appropriations for 209, 265, 300

Davis, All:)ert P., appropriation in favor of 301

Davis, Harold L., appropriation in favor of 276

Deaf, dumb, and blind, appropriations for 209, 265

Deer, hunting with rifle permitted in certain towns of Merrimack

county 163

in Strafford county 171

number to be killed limited 164

Deputy clerk of court, for what term appointed 130

Deputy register of deeds, for what term appointed 130

Deputy register of probate, for what term appointed 130

Deputy secretary of state, appropriation for salary 277

Deputy sheriffs, criminal jurisdiction enlarged 163

Derry Gas, Heating, and Lighting Co., charter of 354

Dining car companies, taxation of 229

Disease, communicable, control of in unincorporated places 18

Dodge, Alfred T., appropriation in favor of 302

Donovan, Mary E., appropriation in favor of 302

Dottrar of Norden Lodge of the Order of Yasa in America in

Manchester, N. H., charter of 340

Dover, homestead of Louis Guilmette severed from 400

police force, how constituted, etc 370

Dover Loan and Trust Co., charter revived and amended 406

Dow, Jacob F., appropriation in favor of 302

Dow, William E., appropriation in favor of 302

Drinking cups, common use of, how regulated 6

Drinking intoxicants in public conveyances prohibited 165

Drug stores, liquor licenses for, to whom issued 18

Dustin, Hannah, appropriation for cleaning monument, etc 278

1911] ^^^^^- ^"^^

Eastman, Edson C, appropriation in favor of 303

Edgerly, Edwin B., appropriation in favor of

Elections:

assistance to voter, when and how given

ballots, certificate of assistance on ^

exhibition of by voter after marl<ing, how pnnished. . lOS

how prepared and what to contain 247

nlacino- disting-uishing mark on by voter, how pun-

. ^ '\ 108

ished '

preparation by voter and manner of voting 248

to contain instructions to voters

bribery at elections, etc., how punished 10-*

hours for voting in towns

nomination papers, fraud in connection with, how punished. . 108

sundry fraudulent practices, how punished 108

supervisor of checklist not to be moderator, clerk, or ballot

inspector

voter removing to another town may save right to vote 239

willful neglect by election officers, how punished 139

Electric energy, conveyance outside state regulated 193

Employers' liability act

EmploVment, obtaining money for procuring, when unlawful.... W

Express companies to keep records of certain liquor deliveries. . . 169

taxation of

F E. Nelson Co., appropriation in favor of

Factories, etc., to keep medical and surgical supplies and appli-
ances

Feeding-stufes, concentrated commercial, definition of 2d8

fee for analysis of 258

packages, how to be

marked 257

Fees for analysis of feeding-stuffs ^^^

certificate of registration in optometry 221, 22^

. , 1 Ti- -P . . SO

jury trial, abolition ot

license to procure fire insurance in unlicensed compa-

. 224

nies ; -■

registration of automobiles, etc.. and license of opera- ^^^ ^^^

tors " ^„^

registration of guides

Felch. Albert D.. appropriation in favor of

Fire-escapes, form of for certain buildings ^3

Firemen, pensioning of for disability

, . « ^11 268

Firemen's relief fund, appropriations tor -^ '

First M. E. Church of Rochester, X. H., endowment fund of
$15,000 authorized

First Xew Hampshire Battery, appropriation for memorial at
Gettysburg

Fish and Game:

beach birds, shooting in Rockingham county regulated 5b

black duck, shooting at seashore regulated ^6

450 INDEX. [1911

Fish and Game:

blue heron, protection removed 68

protection restored 132

deer, hunting with rifle permitted in certain towns in Merri-
mack county 1(32

in Strafford county 171

number to be killed limited 164

fish hatchery at Conway, appropriation for 294

fishing- buoys on Sunapee lake, use regulated 114

guides, registration of 173

horn pout protected 67

hunter, careless shooting of another by, how punished 234

under eighteen years old, how licensed 62

Katherine lake, regulation of fishing in 68

lake trout, protection in Winnipesaukee, Winnisquam. and

Paugus lakes 166

landlocked salmon, protection in Pleasant pond. New Lon-
don 115

protection in Winnipesaukee, Winni-
squam, and Paugus lakes 166

Loon pond, ice-fishing prohibited in 131

non-resident may hunt on own premises without license 95

pickerel, protection in Massabesic lake 13

plover protected 74

sea gulls protected 164

shadwaiters, protection in Winnipesaukee, Winnisquam, and

Paugus lakes 166

sheldrake protected 164

traps, destruction of, how punished 129

neglect to visit, how punished 129

trout, protection in Pleasant pond. New London 115

Winnipesaukee river, regulation of fishing in bays supplied

by 66

woodcock protected 130

wood duck ijrotected 74

Fish and game commissioners, appropriations for department

212, 268, 277
authorit}^ to permit collections

of birds and eggs revoked.... 100
to enforce laws as to fishing

buoys on Sunapee lake...... 114

Fisher protected 238

Fitzpatrick, ^Martin W., appropriation in favor of 302

Flowage rights, how acquired with owner's consent 116

Food production, etc., sanitary regulation of 15

Forest protection:

appropriations for department 212, 219, 268

burning of brush regulated 217

camp fire, neglect to extinguish, how punished 165

expense of fire-fighting, how borne 215, 216

failure to extinguish or repor-t fire, how punished 217

forest fire wardens, annual conferences of 218

1911] INDEX.

451

Forest protection:

forest fire \v;ir(lens, appointment, duties, eto 214

compensation of, how determined 215

in unincorporated places 215

neglect of duty by, how punished 217

reports of to state forester 21G

to extinguish brush and forest fires 215

to inspect spark arresters on portable

mills 100

kindling fires on public land, etc 216

mountain lookout stations 218

public reservation, establishment of 217

right of forester and wardens to arrest 217

state forest nursery 218

state forester, appointment, duties, etc 213

to appoint district chiefs 215

to inspect spark arresters on portable mills.. 100

tools, apparatus, maps, etc., for department 219

Foss, Clayton C, appropriation in favor of 276

Foster, George J. & Co., appropriation in favor of 303

Fox protected; landowner ma.y kill on his premises 238

Franklin, election proceedings legalized 355

French, James E., appropriation in favor of 302

Gambling and keeping gambling place, how punished 160

Garland, Charles C. appropriation in favor of 302

George, Helen, appropriations in favor of 302, 303

Gerry, James 0., appropriation in favor of 283

Gettysburg, memorial of First New Hampshire Battery at, appro-
priation for 297

representation at fiftieth anniversary of battle, ap-
propriation for 299

Gilford, appropriation for 100th anniversary authorized 373

Glick, E. L., appropriation in favor of 303

Goffstown, appropriation for 150th anniversary authorized 382

Goffstown village fire precinct water works, reissue of bonds au-
thorized 354

Goodman, W. P., appropriation in favor of 302

Gordon, Earle C, appropriation in favor of 303

Governor, authorized to release state's interest under will of

John Nesmith 15

staff of, how constituted and appointed 5

Governor and council, appropriations for deJDartment 206, 262, 294

compulsory attendance of witnesses before 238
empowered to acquire lands in Crawford

Notch 133

may appoint acting attorne^y-general,

when 252

trial justices for towns,

when 90

may designate roads around Winnipesau-
kee and Sunapee lakes as state high-
ways 61

452 INDEX. [1911

Governor and council, may purchase state flags for state house.. 245
to appoint board of registration in optome-
try 220

Christine lake highway commis-
sion 243

Hall of Heroes commission 242

investigator of town records... 282

labor commissioner 269

penal institutions committee... 289

public service commission 188

state reformatory committee... 287
superintendent of state house.. 90
to place boulder at Horace Greeley birth-
place 273

Grafton county, judicial districts established 77

salarj- of solicitor 13

terms of superior court 78

Grand Army of the Republic, appropriations for 213, 269

Granite State Deaf Mute Mission, appropriation for 281

Greeley, Horace, provision for marking birthplace 273

Groton, town-meeting legalized 317

Guardian of minor, father and mother given joint authority 110

Guides, registration of 173

Guilmette, Louis, homestead severed from Dover and annexed to

Somersworth 400

Haggett, William M., appropriation in favor of 303

Half Moon pond, appropriation for screening 291

Hall of Heroes commission created 242

Harrity, Peter T., appropriation in favor of 291

Haverhill, appropriation for 150th anniversary authorized 362

Hawkes & Davis, appropriation in favor of 302

Hayes, Edward J., appropriations in favor of 302, 303

Hedgehogs, bounty on 96

Helen Fowler Weeks Home, charter of 337

Herald Publishing Co., appropriation in favor of 303

Hewitt, C. E., appropriation in favor of 292

Highways, permanent improvement of:

appropriations for department 212, 268

East Side, West Side, and Merrimack Valley roads, how main-
tained 255

fees and fines under automobile law devoted to highway's 149

highway bonds, rate of interest on; exemption from taxation 242

maintenance of highways improved from joint fund 254

roads around W^innipesaukee and Sunapee lakes may be

added to state system 61

iiolden, Charles A., appropriation in favor of 302

Holman, William M., appropriation in favor of 302

Horn pout protected 67

Hotel Pike lot and buildings, exemption from taxation by Stew-

artstown authorized 332

1911]

INDEX. 453

Howard, Waldo If., appropriation in favor of 276

Hunter, careless shooting of another by, how punished 234

under eighteen years old, how licensed 62

Ideal Stamp Co., appropriation in favor of 302

Indexing, appi-opriations for department 207, 263

Industrial School, appropriation for new building; issue of bonds

authorized ^^^

appropriations for department ~10, 266, 277, 298

sentences to. for what term 168

Infants, boarding-houses for, regulated under license 150

in care of strangers, procedure l-'l

procedure prior to adoption cf 1^"

Insurance:

appropriations for department 207, 263

brokers not required to be residents 65

deposits required of assessment casualty and insurance com-

24
panics

fire insurance in unlicensed companies, how procured 224

foreign fire and surety companies to insure through resident

agents ^^^

guaranty surplus and special reserve fund, establishment of

by domestic fire companies 25

insurance company not to invest in stock of similar corpora-

tion : 91

state treasurer to hold insurance company deposits 135

Interest charges and maturing bonds, appropriations for 212, 268

Intoxicating liquor:

carriers to keep records of certain deliveries 169

illegal sale of, how punished 256

licenses to drug stores, to whom issued 18

non-resident hotel proprietor may be licensed 118

sale of, if licensee dead or bankrupt, or license revoked 21

prohibited on day of state primary election 170

"spirituous or intoxicating liquor," meaning of • • • • ^55

use of in public conveyances prohibited 165

Invalids' Home, Keene, exempted from taxation 385

lona lake •

J. C. Derby Co., appropriation in favor of 303

Jaffrey, acquisition of electric lighting plant authorized 329

Jenkins, Melvin J., appropriation in favor of 301

Jenks, Walter L. & Co.. appropriation in favor of 302

John B. Clarke Co., appropriation in favor of 302

SO
Jury fee abolished

Justice, copies how filed by, on appeal 116

Justices, trial, for towns, appointment and jurisdiction 90

Katherint: lake, regulation of fishing in 68

Keene, acquisition of real estate to protect water supply author-
ized 3f

committee on revision of city charter provided for 372

454 INDEX. [1911

Keene, contracts for dust prevention authorized 402

election proceedings legalized 324

police commissioners, election and removal of; quarterly

report of 360

Keene Electric Railway Co., charter extended 327

Knowles pond, name changed to lona lake 63

Labor bureau, act creating 269-272

appropriations for department 210, 266

labor commissioner, appointment, salary, powers

and duties 269, 270

arbitration of labor disputes

by 270

board of arbitration, when

employed 271

duty in case of strike or

lockout 272

to report annually to gover-
nor and council 272

Laconia, appropriation for state armory site authorized 409

city charter amended 346

sprinkling precincts authorized 351

Laconia Gas and Electric Co., incorporation confirmed 391

Lake trout, protection in Winnipesaukee, Winnisquam. and Pau-

gus lakes 166

Lancaster union school district No. 1, issue of bonds authorized 326

Land held for water supply in another town, taxation of 36

Landlocked salmon, protection in Pleasant pond. New London.. 115

in Winnipesaukee, Winnisquam,

and Paugus lakes 166

Laws, William H., appropriation in favor of 302

Lebanon, appropriation for 150th anniversarj^ authorized 385

Legislative expenses, appropriations for 208, 264

License of automobile operators and chauffeurs 148

boarding-houses for infants 150

himters under eighteen years old 62

liquor dealers. See Intoxicating liquor.

lying-in hospitals 102

persons to procure fire insurance in unlicensed com-
panies 224

practitioners in optometrj' 220-223

Lien of subcontractor, notice of, when to be given 118

Life-saving service, measure to promote efficiency indorsed 272

Lightning rods, sale of, how regulated 115

Lights and buoys, appropriations for 211, 267

Lisbon school district No. 1, issue of bonds authorized 350

Littleton, site of soldiers' monument provided for 311, 356

Littleton village district, issue of bonds authorized 333

proceedings as to bond issue legalized.. 3S7

Loan on New Hampshire real estate, when exempt fi-om taxation 86

Lodge No. 110, Loyal Order of Moose, of Nashua, charter of 322

1911] INDEX. 455

Long pond, name changed to Contoocook lake 35

Loon pond, ice-fishing prohibited in 131

Lord, Harry T., appropriation in favor of 280

Loughlin, James A., appropriation in favor of 301

Lovell's lake, maintenance of fish screen at 66

Lunacy commission, appropriations for department 209, 265

Lying-in hospitals, license and supervision of 102

Lyme, town-meeting legalized 321

Maiden woman, pauper settlement of, how gained 235

Manchester, board of public works created 415

committee on revision of city charter provided for 339

department of public buildings created 335

overseer of poor not to publish names of assisted

persons 333

to publish proposals for fuel, etc. 353

pensioning of policemen authorized 341

salaries of city officials, how fixed 401

salaries of school board 351

school board may conduct physical training, etc... 313
superintendent of public buildings, how chosen;

powers and duties, salary, etc 336, 337

Manchester LTnion Co., appropriation in favor of 302

Marlow, appropriation for 150th anniversary authorized 384

Marriage, certificate of intention, how and when issued 236

Marten protected 238

Mayor, performance of duties during absence or disability 110

Medical and surgical supplies and appliances, factories to keep.. 30

Medical referees, appropriations for department 211, 267

number for each county 241

Melvin & Fitts, appropriation in favor of 302

;Memorial Hospital, North Conway, exempted from taxation 373

Meredith & Ossipee Valley Railroad Co., charter extended 329

Meredith Village fire district, establishment of electric plant au-
thorized 397

Merrimack county, salary of deputy register of probate 67

terms of probate court, when held 129

Merriman, Carl P., appropriation in favor of 302

Merryman, Carl C, appropriation in favor of 276

Milford, acceptance of Lull devise authorized, etc 315

Militia:

damages for land taken for encampment, how assessed; ap-
peal, how taken j25

discharge of officers for disability 124

non-commissioned officers, how appointed 123

officers may be detailed for staff of governor 5

pay of, for sundry services 94 135

person wearing uniform not to be discriminated against 159

rent of armories regulated 94

retirement of officers for age I04

456 INDEX. [1911

Milk, certified and inspected, production and sale regulated 112

sale of impure or adulterated product, how punished 76

Mines and ores owned independently of land, how taxed 79

Mink protected 238

Minor, father and mother joint guardians of 110

Monitor & Statesman Co., appropriation in favor of 302

Monroe Water Power Co., charter revived 388

Montgomery lake, appropriation for screening 293

Moths, appropriations for suppression of 212, 268

Motor Doats, use of mufflers required 80

Motor vehicles, use regulated; provisions for registration, etc... 137-150

Mount Crotchet road, appropriation for 296

Mufflers, use required on motor boats SO

Muskrat protected 238

Names changed by probate courts 303-307

by superior court 307-309

Knowles pond to lona lake 63

Long pond to Contoocook lake 35

Portsmouth Cottage Hospital to Portsmouth Hospital.... 312

Strafford Bank to Strafford Trust Co 405

Union Guaranty Savings Bank to Union Trust Co 403

Nashua, revision of city charter 418-436

Nashua & Hollis Electric Railroad Co., charter extended 328

Nashville Aqueduct, charter amended 342

Navigable waters defined; obstruction prohibited 21

Nelson, Howard 0., appropriation in favor of 302

Nelson, N. C. & Co., appropriation in favor of 303

Nesmith, John, governor maj' release state's interest under will

of 15

Newcastle, water supply from Portsmouth authorized 410

New Hampshire board of registration in dentistry, appropriations

for department 211, 267

New Hampshire College of Agriculture, appropriations for de-
partment 209, 265, 295

trustees, qualifications

of; how chosen 60

New Hampshire Historical Society, appropriations for 213, 269

New Hampshire Horticultural Society, appropriation for 283

New Hampshire National Guard. See Militia.

New Hampshire Orphans' Home, charter amended 349

New Hampshire School for Feeble-minded Children, appropriation

for reser-
voir, etc. . . . 295
appropriations
for depart-
ment 210, 266

New Hampshire Settlement Ass'n, appropriation for 301

New Hampshire Soldiers' Home, appropriation for additions, etc. 281

appropriations for department.. 210, 266
trust fund for, how held 58

1911] iNDKx. 457

New Hampshire State TTospital. appropriation for new huildino-;

issue of bonds authorized 249

appropriations for department.. 209, 206
criminal jjleading insanity, how

committed and discharfj-ed . . . . 14
payment to Joseph E. Eurke au-
thorized 286

New Hamjjshire State Sanatorium, appi-opriation for n(>w build-
ing's, etc 285

appropriations for depart-
ment 210. 266, 277

New Hampshire Universalist State Convention, charter amended 318

New Hampton villag-e fire precinct, additional loan authorized.... .324

name established; prior acts

ratified 366

Newport & Sunapee Railway and Development Co., charter ex-
tended 328

Nilson, Alma E., approju'iation in favor of 302

Niven, John L., appropriation in favor of 285

Non-resident may hunt on his own premises without license 95

North Church in Portsmouth, charter amended 348

North Conway and Mount Kearsarge Railroad, charter extended 363
Northern Securities Co., reduction in par value of shares author-
ized 388

Northtield, amount due to, for high-school tuition, how deter-
mined 154

equalized valuation per pupil of average attendance,

how determined 1"4

state aid to town school district, when payable 155

Notice by publication, what sufficient when original writ on file.. 7

Nute Charitable Ass'n, charter of 380

O'DowD, Richard ^F.. appropriation in favor of 302

Ophthalmia of new-born, prevention of 128

Optometry, practice regulated; board of registration created... 220-223

Ossipee Water and Electric Co.. charter of 374

Otter protected 238

Pandering, how punished 74

Parker, George W., appropriation in favor of 276

Parlor car companies, taxation of 229

Patriot Publishing Co., appropriation in favor of 302

Peerless Casualty Co., charter amended 318

Penal institutions, committee on centralized supervision provided

for 289

Pennichuck Water Works, charter amended 343

extension of pipes and service to

Hudson authorized 345

Pensioning of firemen, policemen, and constables Ill

Peterborough Bank, charter re-enacted 389

Pharmacy commissioners, appropriations for department 211, 267

458 INDEX. [1911

Physicians to report cases of tuberculosis 9

Pickerel, protection of in Massabesic lake 13

Pillsbur^y, K. W., aj^propriation in favor of 303

Piscataqua river, Portsmouth authorized to construct bridge

across 20

Playgrounds, towns may appropriate money for 163

Plover protected 74

Police court, copies how filed by, on appeal 116

Policemen, pensioning for disability Ill

Political advertisements to be designated and signed Ill

Political contributions, corporations not to make 113

publicity provided for 105

solicitation from corporation prohibited 113

to whom to be made 107

Polls, when to open and close in towns 11

Portsmouth, construction of bridge across Piscataqua river au-
thorized 20

donation of site for state armory authorized 410

to Army and Navy Ass'n author-
ized 395

police force, compensation of 314

how constituted 310

supplying" water to Newcastle authorized 410

Portsmouth Cottage Hospital, name changed to Portsmouth Hos-
pital 312

Portsmouth harbor, dumping ballast, etc., into, prohibition of... 166

Pridham, James W., appropriation in favor of 278

Prisoners' Aid Ass'n, appropriations for 210, 266

Probate courts, appropriations for department 208, 264

empowered to enforce orders and decrees 132

jurisdiction in adoption of adults 167

may authorize appraisal by one person, when... ,57

terms of, for Merrimack county 129

Prostitution, procurement for purposes of, how punished 74

Public instruction, appropriations for department 209, 26."), 277

Public printing commission, appropriations for department 207, 263

Public service commission:

act creating 187-206

appointment, removal, tenure of office, etc 18^

appropriation for rate investigation 261

appropriations for department 207, 263

determination of reasonable charges 196

fixing of railroad rates 195

investigation of complaints 194, 195

illegal rates on certain railroads 259-262

proposed increase in rates 193

railroad accidents 201

orders of, how served 202

rescission, etc 204

right of appeal from: procedure 202-204

powers and duties 191, 192

1911] ^^'i^E^- ^^^

Public service commission: ^^^

reconstruction of railroads, etc

1 "4

regulation of freio-ht traffic inr, o'ni

stock and bond issues ij.'-~ui

. , , 205

report to legislature

salaries, qualifications, clerical expense, etc i ^

to approve leases of public utilities

railroads

Public Statutes amended, etc.:

chapter 2, section ?.3, "spirit," "spirituous liquor." or in-
toxicating liquor," meaning of 2o5

7 section 1, keepers of state house and yard, how

. . -, 90

appointed

7, section 2, tenure of office, etc

is' section 8, secretary of state to furnish tax in-

ventories to selectmen

15 section &, to furnish ccpies received to board of

' • 233

equalization

25, section 9. deputy county officers 1-^0

29 section 1, registers of deeds to keep records and

' 83

papers

31, section 8, voting residence, what constitutes 239

40 section 4, towns may raise money for what pur-

163

poses

47, section 11, procedure if mayor absent or dis-
abled

53, section 1, village districts, establishment of 8

53', section 7, officers of village districts, etc 12

55, section 4, undeveloped mines not taxable 79

55', section 7, personal estate liable to taxation.... 59, 86

56, section 16, taxation of wood, lumber, etc 59, 84

57 section 3, secretary of state to send blank tax

' ' 9'^3

invoices to selectmen •

57 section 4, to prepare and furnish blank inven-

" 233

tories to assessors

63, state board of equalization 233

64, section 1, railroads, how taxed 233

64, sections 3-12, taxation of certain corporations.. 233

65, section 5, savings banks, how taxed 256

83, section 1, pauper settlement, how gained 235

89 section 11, contracts with academy, etc.. for in-

,. 156

struction

92, section 2, school boards to hire teachers, etc... 155

92, section 6. school boards to prescribe studies 156

92, section 12. annual report of school board 162

93, section 14, compulsory school attendance 157

112, section 15. illegal sale of spirit, how punished.. 256
11", section 16, common seller of spirit, how pun-
ished 256

120, section 7, dumping ballast, etc.. in Portsmouth

harbor

166

460 INDEX. [1911

Public Statutes amended, etc.:

chapter 125, section 12, selling by unsealed or fraudulent

weights, how punished 101

126, section ?,, standard weights of certain commodi-

ties 101

127, section 17, sale of impure milk, how punished.. 76
127, section IS, milk deemed to be adulterated, when 76

141, section 13, lien of subcontractor 118

150, section 10, list of stockholders to town clerk.... 172

150, section 16, annual return of corporation 172

156, sections 18-20, railroad extensions and branches 206

162, sections 12-25, liquidation of savings banks 74

165, sections 26-29, reduction of savings bank assets 74

169, section 7, insurance agents to be residents 65

169, section 15, insurance in unlicensed companies.. 225

173, section 4, records of deaths and burials 64

174, section 6, certificate of intention of marriage.. 236

181, adoption of children 167

184, section 5, probate coiirt for Merrimack county'.. 129

186, section 3, devise to witness of will void, when.. 7

205, section 18, appointment of receivers, etc 32

220, sections 3-6, attachment of real estate 55

220, section 16, attachment of bulky articles 135

252, section 18, copies of process to be filed on appeal 116

261, section 1, rewards for capture of criminals 161

266, section 29, wrougfiil use of horses, boats, etc... 61

270, section 6, keeping- gambling place, how punished 160

270, section 7, g-anibling, how punished 160

276, burglary and breaking buildings 24

284, section 14, sentences to Industrial School 168

286, section 9, clerical expenses of adjutant-general 105
286, section 10, salary of superinteudent of public in-
struction 245

286, section 17, salaries of county solicitors 13, 93

286, section 19, salaries of county treasurers 58

287, section 22, jury fee 80

Public utilities:

additional rights of, how acquired 198

approval of, by public service commission 197

complaints against, how made and investigated 195

lease of, to be approved by ptiblic service commission 198

neglect of duty by and proceeding for relief 201, 202

rates, changes in, how made 193

period of, to be specified 197

preferential prohibited 193

to be filed with public service commission 192

securities of other companies, how acquired 198

stock and bond issues regulated 199-201

to furnish adequate service at reasonable rates 191

under supervision of public service commission 191

violation of order of commission, penalty 205

Publication, notice by, how given if original writ on file 7

1911] INDEX. 461

Railroads:

additional rights of, liow acquired 198

complaints against, how made and investigated 194, 195

extension of, how effected 197

furnishing and distributing freight cars, how regulated 194

investigation of accidents 201

illegal rates on certain lines 2r)9-262

leases to be approved by public service commission 197

neglect of duty and proceeding for relief 201, 202

rates, change in, how made 192

how fixed 195

period of, to be specified 197

preferential prohibited 193

to be filed with public service commission 192

reconstruction and alteration, how effected 196

stock and bond issues regulated 199-201

taxation of 229, 230, 233

to furnish adequate service at reasonable rates 191

under supervision of public service commission 191

violation of order of commission, penalty 205

Railroad commissioners, appropriation for printing report 294

finding or order of, not vacated by ap-
peal 119

may be suspended

by superior court 120
violation may be

enjoined 120

Railroad rates, investigation of illegal charges provided for... 259-262

Railroad tax litigation, compromise authorized 288

Rantoul, Robert, appropriation in favor of 303

Real estate, how attached 55

repair of record books by S3

"Reminiscences of the War of the Rebellion," purchase author-
ized 279

Representatives to general court, apportionment of 86-89

Reward for capture of criminal, who may offer 161

Rochester, establishment of light and power plant authorized... 398

sprinkling precincts authorized 320

Rochester Bank, charter continued 408

Rockingham countj^ deposit of funds by treasurer regulated 109

issue of refunding bonds authorized 34

Rockingham County Light and Power Co., right to do business in

certain towns restricted 352

Sable protected 238

Salaries increased:

attorney-general 252

deputy register of probate of Merrimack county 67

secretary and clerk of state board of charities and correction 234

462 INDEX. [1911

Salaries increased:

secretary of state 11

solicitor of Strafford county 93

Belknap county 23

Grafton county 13

Coos county 34

superintendent of public instruction 245

treasurer of Carroll county 58

Salem Water Supply Co., charter of 389

Sanborn, Eugene D., appropriation in favor of 302

Sanborn, F. W., appropriation in favor of 302

Sanborn, Lizzie H., appropriation in favor of 302

Saving's banks, proceedings for liquidation of 69-74

taxation of 256

Schools:

child labor, duty of school officers with reference to 176-180

amount due to Northfield for high-school tuition, how deter-
mined 154

Tilton for high-school tuition, how deter-
mined 154

districts may purchase school wagons 56

equalized valuation per pupil, how determined for Boseawen 157

NortMeld 154

Tilton 154

school boards, certain studies to be presciibed hy 156

employment of teachers by 155

provision for annual report to selectmen re-
pealed 162

state aid, appropriations for 236, 277

to Northfield school district, when payable 155

to town district and union district in Tilton, when

payable 155

state superintendent may issue certificate to experienced

teacher 175

jiowers and duties with respect to

child labor 177, 179

regulation of school attendance by... 157

salary of 245

termination of contract between dis-
trict and academy by 156

Sea gulls protected 164

Secretarj' of state, appropriations for department 206, 262

salary of H

Sentinel Publishing Co., appropriation in favor of 302

Session laws amended, etc.:

1852, chapter 1261, section 1, Nashville Aqueduct 342

1864, chapter 3060, section 2, New Hampshire Universalist

State Convention 318

1871, chaj)ter 98, section 3, New Hampshire Orphans' Home,

powers of 349

98, section 4. directors of Orphans' Home 349

1879, chapter 34, sale of lightning rods regulated 115

1911] INDEX. 463

Session laws amended, etc.:

1879, chapter 120, section 2. Unitarian Kdiicational S'ociety,

powers of •'^56

1S83, chapter 237, section 2, PenniclHici< Water Worl<s, dams,

etc 343

1891, chapter 52, section 5, New Hampshire College of Ag-ri-

cnltnre, trustees of, how chosen 60

172, section 2, Portsmouth Y. M. C. A., power to

hold property 358

180, Strafford Bank, charter of 405

213, section 5, Nashua Y. M. C. A., exemption

from taxation 302

1893, chapter 33, section 1. cattle killed by commissioners,

payment for 160

241, section 4, Laconia, mayor and council of... 346
241, section 15, Laconia conncilmen, how

chosen 347

1895, chapter 30, section 2, fees of court stenographers 33

49, section 2, certificate of qualification to

teacher 175

81, certain corporations under jurisdiction of

insurance commissioner 24

108, section 1, savings banks, how taxed 256

116, section 7, expenses of state board of chari-
ties 234

162, section 4, Portsmouth police force, how

constituted, etc 310, 314

214, section 1. watering streets of Keene 402

1897, chapter 19, issue of railroad stock and bonds 206

23, section 1, town appropriations for band con-
certs 84

38, reserve fund of foreign casualty company 24

78, section 10, ballots, what to contain 81

78, section 19, assistance to voter, etc 108

121, section 12, Berlin, salary of mayor, etc 384

184, section 2, Dalton Power Co., powers of 386

1899, chapter 17, section 1, records of deaths and burials 64

86, section 1, foreign fire company to insure

through resident agent 240

104, section 1, salary of secretary of state • 11

1901, chapter 21, section 1, examination of criminal pleading

insanity 14

35, section 1, packages of feeding-stufEs, how

to be marked 257

35, section 2, "concentrated commercial feed-
ing-stuffs," meaning of 258

35, section 4, license fee required 258

42, increased st( ck of railroad, how sold 206

65, section 1, salary of secretary of state 11

78, section 4, opinions of supreine court, how

filed 95

79, section 16, deer protected 164, 171

464 INDEX. [1911

Session laws amended, etc.:

1901, chapter 79, sections 3o-:]7, permission to collect bii'ds

and eggs 100

79, section 40, woodcock, etc., protected 130

79, section 43, shooting of beach birds, etc.... 56

79, section 45, eagles and herons protected.... 68

79, section 59, pickerel, etc., protected 13

79, section 56, lake trout, etc., protected 166

195, section 6, Rockingham County Light and

Power Co., restrictions upon 352

236, sections 1, 4, Peerless Casualty Co 318, 319

1903, chapter 95, sale of liquor regulated 21

95, section 6, classes of liquor licenses 18

95, section 8, certain persons not to be licensed 118
95, section 16, hours and days of sale regu-
lated 170

95, section 3S, records of deliveries of liquor

by carriers 169

189, section 4, Dover police force, how consti-
tuted, etc 370

225, section 1, Berlin, salary of maj'or 384

295, Dover Loan and Trust Co., charter of 406

307, Caledonia Power Co., charter of 377

1905, chapter 25, section 1, taxation of boats, etc 57

35, section 8, highways improved from joint

fund, how maintained 254

35, section 20, maintenance of trunk lines 255

38, licensing of non-resident hunters 95

40, sections 1-21, taxation of collateral legacies 44-52

43, section 1, bulky articles, attachment of.... 135

49, sale of liquor regulated 18, 21, 118

86, motor vehicles, use regulated 149

153, section 2, Keene police commissioners, ap-
pointment of 360

153, section 3, reiuoval of commissioners 361

153, section 7, report and records of commis-
sioners 361

194, Derry Gas Light Co., charter of 355

200, Monroe Water Power Co., charter of 388

222, section 1, Woodstock light and power plant

authorized 383

222, section 3, appropriation for plant 383

1907, chapter 3G, section 8, woodcock, etc., protected 130

36, section 9, shooting of beach birds, etc 56

44, bulky articles, attachment of 135

64, estates in remainder, how taxed 52

68, taxation of collateral legacies, etc 44

78, section 10, ballots, how jjreiiared and what

to contain 247

78, section 17, preparation of ballot by voter

and manner of voting 248

81, taxation of express companies 233

1911]

INDEX.

465

Session laws amended, etc.:

1907, chaptex- 85, section 2, pensions to firemen, etc Ill

88, section 4, deputy register of probate for

Merrimack county, salary of 67

89, insurance agents to be residents 65

91, taxation of sleeping, dining, and parlor

cars 233

97, section 2, niedieal referees, numlier of 241

100, express charges regulated 206

102, section 2, savings banks, how taxed 256

174, section 1, First M. E. Church of Rochester,

N. H., endowment fund of 325

1909, chapter GO, increased stock of railroad, how sold 206

67, allowances to masters by court 32

102, section 8, staff of governor 5

102, section 27. adjutant-general to furnish

funds to paymasters 123

102, section 52, staff departments 123

102, section 67, non-commissioned officers, how

appointed 123

102, section 7?>, retired list; discharges for disa-
bility 124

102, section 101, damages for land taken for

camp, how assessed 125

102, section 102, appeal from assessment 125

102, section 143, rent of armories regulated... 94
102, section 148, pay for sundry services of

militia 94, 125

109, section 1, allowance to solicitor of Grafton

county 13

118, sale of liquor regulated 118

121, terms of superior court for Grafton county 77
128, sections 2-13, provisions for forest pro-
tection 213

128, section 15, right of forest fire warden to

arrest 213

128, sections 17-20, provisions for forest protec-
tion 213

130, section 1, burial of soldiers and sailors by

state 31

147, section 1, state tax for 1910 and 1911 79

154, motor vehicles, use regulated 149

155, section 4, East Side, West Side, and Merri-

mack Valley roads 61

156, sale of liquor regulated 21

158, section 5, appropriation for common

schools 236

162, section 2, sale of cocaine regulated 10

164, section 1, fire-escapes, maintenance of 53

291, section 6, Manchester overseer of poor, ac-
counts of 333

291, section 7, powers of 353

466 INDEX. [1911

Session laws amended, etc.:

1909, chapter .lOo, section 40, Concord assessors, meeting-s of 396
254, section ?., Littleton, location of soldiers'

monument 356

254, section 5, repealino- clause 357

Shadwaiters, protection in Winnipesaukee, Winnisquam, and Pau-

gus lakes 166

Sheldrakes protected 164

Sheriffs, criminal jurisdiction enlarged 163

Shooting of human being through hunter's negligence, how pun-
ished 234

Sias, Newell P., apiDropriation in favor of 282

Skunk protected; landowner may kill on his premises 238

Sleeping car companies, taxation of 229

Smith, Ai, land severed from Boscawen and annexed to Canter-
bury 394

Smith, Maurice P., appropriation in favor of 302

Smith Premier Typewriter Co., appropriation in favor of 302

Society for Protection of New Hampshire Forests, certain land

in Newbury exenii^ted from taxation 239

Soldiers, burial expense paid by state, when 31

Somersworth, establishment of light and power plant authorized 358

homestead of Louis Guilmette annexed to 400

Southern New Hampshire Development and Power Co., charter of 411

Spark arresters to be used on portable mills 99

Spreadby, David, appropriation in favor of 279

State auditor, appropriations for department 207, 263

State board of charities and correction:

appropriations for department 209, 265

may assume control of infants, when 152

powers and duties with respect to adoption of infants 152

boarding-houses for in-
fants 150

free beds for consumptives 290
infants in care of stran-
gers 151

lying-in hospitals 102, 103

salaries of secretary and clerk 234

State board of health:

appropriations for department 210, 266

powers and duties with respect to cases of tuberculosis 9, 10

common drinking-cups. . . . 6
communicable diseases in

unincorporated places... 18
ophthalmia of new-born.. 128
production and sale of cer-
tified and inspected milk 112
unsanitary food produc-
tion 16

factories employing chil-
dren 177

1911] INDEX. 467

state flags, piirolia.se for state house authorized 245

State highwajs. See Highways, permanent improvement of.

State historian, appropriations for department 212, 269

State honse, appointment of superintendent, etc 90

a])i)ropriations for department 207, 264, 277

jjubiieation of proceeding's at dedication 274

State library, appropriations for dejiartment 209, 265, 277

disposition of state publications by 59

State normal school, Keene, appropriations for 209, 265

Plymouth, appropriations for 209, 265

State prison, appropriations for department 210, 266, 277

State publications, surplus, how disposed of 59

State reformatory, committee to investigate plan provided for... 287

State tax, apportionment of 37-43

for 1911 78

for 1912 and 1913 237

State treasurer, appropriations for department 207, 263

to hold trust fimd for Soldiers' Home 58

to issue Industrial School bonds 253

State Ho.spital bonds 249

to receive insurance company deposits 135

Steamboat inspectors, appropriations for 211, 267

Stenographers' fees, allowance of by superior court 33

Stewart, J. M. & Sons, appropriation in favor of 303

Stewartstown, exemption of Hotel Pike lot aiid buildings author-
ized 332

Stoddard, election proceedings legalized 323

Strafford Bank, charter amended and extended; name changed to

Strafford Trust Co 405

Strafford county, salary of solicitor 93

Stratford, conveyance of certain real estate authorized 408

Streets, naming and marking of 82

sprinkling of, street railways may contract for 36

Street railways, mergers with foreign connecting- lines author-
ized 97

sprinkling of streets authorized 36

Subcontractor's lien, notice of, when to be given 118

Success pond, appropriation for screening 293

Sunapee lake, appropriation for buoys, lights, etc 297

use of fishing-buoys regulated 114

Suncook pond, appropriation for screening 292

Superior court, allowance of stenographers' fees by 33

appointment of receivers, issuance of injunc-
tions, etc 32

appropriations for department 208, 264

may permit additional attachments 54

terms for Grafton county 78

Supervision of penal institutions, committee provided for 289

Supervisor of check-list not to be moderator, clerk, or ballot in-
spector , 131

Supreme court, apjjropriations for department 20S, 264, 277

468 INDEX. [1911

Suprerae court, orders of, when certified to superior court 95

to appoint tax commission 226

Swain, C. H. & Co., appropriation in favor of 303

Taxation of boats and launclies if value over $100 51

collateral legacies and successions 44-52

dining, sleeping, and parlor car companies 229

express companies 229

land held for Avater supply in another town 36

mines or ores owned independently of land 79

railroad companies 229

real estate of railroads 233

savings banks 256

telegraph and telephone companies 229

wood, lumber, etc 59, 84

Tax commission:

act creating 225-233

annual statements to, by certain corporations 231

appointment and tenure of office 226

appropriations for department 207, 263

attendance of witnesses before 229

decisions and rehearings thereon; right of appeal 232

determination of value of corporate property 230

duties and powers of 227, 228

petitions for abatement referred to 228

report of, what to contain 232

salaries and clerical expenses of 227

Tax exemptions:

Army and Navy Ass'n of Portsmouth, real estate of 395

Balch' Hospital 323

highway bonds held by residents 242

Industrial ."^chool bonds 254

Invalids' Home. Keene 385

loan on New Hampshire realty at five per cent or less 86

Manchester Young Men's Christian Ass'n 350

Memorial Hospital, North Conway 373

Nashua Young Men's Christian Ass'n 362

Portsmouth Young Men's Christian Ass'n 358

Society for Protection of New Hampshire Forests, land in

Newbury 239

State Hospital bonds 250

Tax litigation of railroads, compromise authorized 288

Taxes of non-resident, lien for 35

Telegraph and telephone companies, taxation of 229

Telegraph Publishing Co., appropriation in favor of 302

Theaters, etc., not to discriminate against persons in United

States or state uniforms 159

Thompson & Hoague, appropriation in favor of 302

Thurston, David M., appropriation in favor of 280

Tilton, amount due to. for high-school tuition, how determined.. 154

1911] INDEX.

469

282
82

Tilton, equalized valuation of, per jjiipil of averapfe attenrlanoe,

how determined 1''"^

state aid to town sclioo! district and union district, when

payable ^^^

Towns, biennial elections in, ln)urs for holdinj^' 11

may appropriate money t't'i" public playj^'-rounds 16.'{

may appropriate $S()() annually for band concerts 84

may contract with street railways for sprinklinji: streets 'M)

to make side openings in existiiif^ covered bridges 20

records of, investigation provided for

streets in, naming and marking of

trial justices for, appointment and jurisdiction 90

Traps, destruction of, etc., how punished 129

neglect to visit, how punished 129

Trial justices for towns, appointment and jurisdiction of 90

Trout, protection in Pleasant pond. New London Ho

Troy Water and Improvement Co., charter revi\ ed S.i:?

Trust companies, etc., conduct of business regulate<l 12r>

Tuberculosis, ai^propriation for free beds for patients 290

registration of cases, etc 9

Unincorporated places, control of communicable diseases in.... 18
Union Guaranty Savings Bank, charter amended; change of name

authorized 4^)3

Unitarian Educational Society, charter amended 3.56

United States service, person wearing uniform not to be discrim-
inated against 159

Village districts, boundaries of, how established 8

commissioners may be chosen for varying

terms 12

Voter moving to another town may save right to vote 239

Wages to be paid in cash 81

Waite, Clayton T., appropriation in favor of 302

Walpole, appropriation in favor of 296

Walpole & Alstead Street Railway Co., charter of 363

Ward, Walter J. A., appropriation in favor of 302

W^arren, Frank F., appropriation in favor of 302

Water supply, land in another town held for, taxation of 36

Weare, contribution toward expense of dam authorized 401

Webster lake, appropriation for screening 288

Weeks, Nathan 0., appropriation in favor of 275

Weig'hts, measures, etc.:

giving false weight or measure, how punished 301

sealer's right to enter to make tests 93

seizure of scales, etc., as evidence 93

standards established for certain commodities 101

use of scales, etc., if condemned or use forbidden, how pun-
ished 92

Wells, Walter B., appropriation in favor of 302

470 INDEX. [1911

West Concord Lighting Precinct, corporation created 368

Whitefield high school district No. 3, enlargement of schoolhonse

lot authorized 396

Whithed, Solon S., appropriation in favor of 302

Will, witness cannot take under, unless throe others are wit-
nesses 7

Wilmot, action of school district ratified 394

Winnipesaukee lake, use of water by damy, etc., regulated 121

Winnipesaukee river, regulation of fishing in bays, etc., supplied

by 66

Wood, lumber, etc., whore and to whom taxed 59

when and how taxed as stock in trade 84

Wood alcohol, sale of food or drink containing, prohibited 17

to be labeled when sold 17

Woodcock protected 130

Wood duck protected 74

Woodstock, establishment of light and power plant anthorized.. 383

Workmen's compensation act 181-186

Writs, etc., if served by arrest, defendant to be given copy 22

what sufficient publication if original on file 7

Young, Harrie M., appropriation in favor of 302

Young Men's Christian Ass'n of Manchester exemi)t(>(l from taxa-
tion 350

Young Men's Christian Ass'n of Nashua exempted from taxation 362
Young Men's Christian Ass'n of Portsmouth, charter amended;

exempted from taxation 358

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

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

See other formats