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

University of 




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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- 



10 



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 



12 



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. 



13 



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.] 



14 



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. 



16 



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.] 



18 



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.] 



20 



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. 



21 



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.] 



24 



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. 



25 



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. 



3. 



7. 



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.] 



30 



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.] 



32 



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.] 



34 



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. 



36 



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.] 



36 



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. 



37 



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.] 



44 



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. 



46 



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 



50 



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 



52 



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. 



53 



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 



54 



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. 



55 



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.] 



56 



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.] 



58 



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. 



59 



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^!*^^* *'*'*' 



60 



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. 



61 



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 



62 



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.] 



64 



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, 



65 



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.] 



66 



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.] 



68 



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 



72 



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 



74 



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.] 



76 



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. 



77 



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. 



78 



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. 



79 



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.] 



80 



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 



82 



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.] 



84 



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.] 



86 



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.] 



90 



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. 



92 



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.] 



94 



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°."* "' 



96 



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. 



97 



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. 



98 



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. 

Register number shall apply to the number or mark assigned 
by the secretary to a motor vehicle. 

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. T he staj te 
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. 



be 



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. 

(c) Upon complaint made by the city council, or city councils co°ipiaiiits 

■ / 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 


Section 


1. Appointment, qualifications, and ten- 


8. 


Compensation and expenses of board. 


ure of office. 


9. 


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, 



W^ 



/J 



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 




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. 

4. 

5. 

6. 

7. 

8. 

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 dissatis