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LAWS 


OF    THE 


STATE  OP  NEW  HAMPSHIRE 


PASSED  JANUAP:   SESSION,  lvi3. 


LBGISLAT'IRt  COhP  F\  '''-    .  •.NUAR'V  '.      ?  '  ■':.    Vl/ V  21. 


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CONCORO.   N.  H. 

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DURHAM 

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Volume  '1  i~5 

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Cost  

Accession  No.       V |  X^ 


LAWS 


OF   THE 


STATE  OF  NEW  HAMPSHIRE 


PASSEr5  JANUARY  SESSION,  1913, 


LEGISLATURE  CONVENED  JANUARY  1,  ADJOURNED  MAY  21. 


CONCORD,  N.  H. 
1913. 


Printed  by  Ira  C.  Evans  Co.,  Concord 
Bound  by  The  Eumfokd  Press,  Concord 


STATE  OFFICERS. 


SAMUEL  D.  FELKER,  Governor. 
DANIEL  W.  BADGER,        ") 
LEWIS  G.  GILMAN,  i 

ALBERT  W.  NOONE,  [-    Councilors. 

WILLIAM  H.  SAWYER,       ! 

GEORGE  w.  McGregor,  J 

ENOS  K  SAWYER,  President  of  the  Senate. 

WILLIAM  J.  BRITTON,  Speaker  of  the  House  of  Representatives. 

HENRI  A.  BURQUE,  Clerk  of  the  Senate. 

HARRIE  M.  YOUNG,  Clerk  of  the  House  of  Representatives. 

EDWARD  N.  PEARSON,  Secretarij  of  State. 

ARTHUR  L.  WILLIS,  Deputy.  Secretarij  of  State. 

GEORGE  E.  FARRAND,  State  Treasurer. 

JOHN  WESLEY  PLUMMER,  Deputy  State  Treasurer. 

FRANK  A.  MUSGROVE,  State  Auditor. 

GEORGE  W.  FOWLER,  State  Purchasing  Agent. 

SAMUEL  D.  FELKER,  ] 

WILLIAM  J.  AHERN,  i 

GEORGE  W.  FOWLER,         }■    State  Board  of  Control. 

GEORGE  w.  McGregor,    ! 

BENJAMIN  W.  COUCH,       J 
HERBERT  E.  TUTHERLY,  Adjutant-General 
ROBERT  J.  MERRILL,  Insurance  Commissioner. 
RICHARD  M.  SCAMMON,  Bank  Commissioner. 
FREDERIC  S.  NUTTING,  Deputy  Bank  Commissioner. 
HENRY  C.  MORRISON,  State  Superintendent  of  Public  Instruc- 
tion. 
HARRY  A.  BROWN,  ]  Superintendents  of  PuUie 

GEORGE  H.  WHITCHER,     ^  ^^^'^^^       \nstruction. 
HARRIET  L.  HUNTRESS,  j 
JOHN  S.  B.  DAVIE,  Commissioner  of  Labor. 
S.  PERCY  HOOKER,  State  Superintendent  of  Highways. 
IRVING  A.  WATSON,  M.  D.,  Secretary  of  State  Board  of  Health. 
ARTHUR  H.  CHASE,  State  Librarian. 
FRANK  J.  BEAL,  Fish  and  Game  Commissioner. 
HENRY  H.  METCALF,  Editor  of  Provincial  and  State  Papers. 
ALBERT  0.  BROWN,  ] 

WILLIAM  B.  FELLOWS,     |>  Tax  Commission. 
JOHN  T.  AMEY,  i  .  .         ^ 

WILLIAM  J.  AHERN,  Secretary  of  State  Board  of  Chanties  and 

Correction. 


\T2'3 


474  State   Officers. 

EDWAED  C.  NILES,  ] 

JOHN  E.  BENTON,  [  PuUic  Service  Commission. 

THOMAS  W.  D.  WORTHEN,  j 

EDI^^ND  SULLIVAN,  ] 

AUGUSTUS  A.  E.  BRIEN,    |    License  Commissioners. 

WILLIAM  J.  BRITTON,      j 

DANIEL  W.  BADGER,  Commissioner  of  Agriculture. 

JASON  E.  TOLLES,  1 

BENJAMIN  F.  GREER,    y  Forestry  Commission. 

j 

EDGAR  C.  HIRST,  State  Forester. 

FRANK  A.  MUSGROVE.  ^ 

GEORGE  E.  FARRAND,  I 

GEORGE  W.  FOWLER,       \    PuUic  Printing  Commission. 

JOHN  H.  RIEDELL,  i 

FRANK  BATTLES,  J 

FRANCIS  J.  HURLEY.  1 

JOHN  H.  NEAL,  I-   Board  of  Arljitration  and  Conciliation. 

GEORGE  A.  TENNEY,  j 


SUPREME  COURT. 


FRANK  N.  PARSONS,  Cliief  Justice. 
REUBEN  E.  W^ALKER,  ] 
JOHN  E.  YOUNG,  1  •  /     7    f 

ROBERT  J.  PEASLEE,    f  ^^^^^^^^«^^  Justices. 

L  J 

JAMES  P.  TUTTLE,  Attorney-General. 

JOHN  II.  RTEDELIi,  Laiv  Reporter. 

ARTHUR  H.  CHASE,  Clerk  of  the  Supreme  Court. 


SUPERIOR  COURT. 


ROBERT  G.  PIKE,  Chief  Justice. 
ROBERT  N.  CHAMBERLIN,    ~] 

WILLIAM  A.  PLUMMER,  I      .        •  .     r    ,- 

^  Associate  Justices. 


LAWS 


OF  THE 


STATE  OF  NEW  HAMPSHIRE 

PASSED  JANUARY  SESSION,  1913. 


CHAPTER  1. 


AN  ACT  TO  AMEND  SECTION   1,   CHAPTER  65,   OP   THE  SESSION  LAWS  OF 
1911,  RELATING  TO  HORN-POUT. 

Section  I    Skctiox 

1.     Horn-pout   protected;    penalty.  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  1  of  chapter  65,  session  Laws  of  1911,  be  Horn-pout 
amended  by  inserting  after  the  words  ' '  from  any  of  the  waters  of 
this  state"  the  words  excepting  from  the  waters  of  the  Connecticut 
river  in  Cheshire  county,  so  that  the  section  as  amended  shall 
read :  Section  1.  If  any  person  shall  take,  kill,  or  have  in  his 
possession  from  any  of  the  waters  of  this  state,  excepting  from  the 
waters  of  the  Connecticut  river  in  Cheshire  county,  any  cat-fish, 
commonly  called  horn-pout  or  bull-head,  between  the  fifteenth  day 
of  January  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.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  Repealing  clause; 
hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage.         on  passage. 

[Approved  February  13,  1913.] 


476 


Chapter  2. 


ri913 


CHAPTER  2. 

AN  ACT  IN  AMENDMENT  OF  SECTION  20  OF  CHAPTEK  27  OF  THE  PUBLIC 
STATUTES  AS  AMENDED  BY  CHAPTER  112  OF  LAWS  OF  1903,  CHAPTER 
22,  LAWS  OP  1907,  AND  CHAPTER  83,  LAWS  OP  1909,  RELATING  TO 
COUNTY  COMMISSIONERS. 


Salaries     and 
expenses    of 
county 
commissioners. 


Takes   effect 
on    passage. 


Section 

1.      Salaries     and     expenses     of     county 
commissioners. 


Section 

2.     Takes  effect  on   passage. 


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

Section  1.  That  section  20  of  chapter  27  of  the  Public  Statutes, 
as  amended  by  chapter  112  of  the  Laws  of  1903,  chapter  22  of 
the  Laws  of  1907  and  chapter  83  of  the  Laws  of  1909,  be  and  the 
same  hereby  is  amended,  by  striking  out  the  whole  thereof  and 
inserting  in  place  thereof  the  following :  Sect.  20.  Each  county 
commissioner,  except  the  commissioners  of  Hillsborough,  Cheshire 
and  Merrimack  counties,  shall  be  paid  by  the  county  treasurer 
for  his  services,  when  employed  in  business  of  the  county  and  in 
inspecting  the  taxable  property  of  towns,  as  provided  in  the  pre- 
ceding section,  three  dollars  a  day,  and  a  reasonable  sum  for  all 
necessary  expenses,  upon  order  of  the  superior  court,  his  accounts 
having  been  first  audited  by  the  court.  Each  commissioner  of 
Hillsborough  county  shall  be  so  paid  the  sum  of  twelve  hundred 
dollars  per  year,  each  commissioner  of  Cheshire  county  the  sum 
of  five  hundred  dollars  per  year,  and  each  commissioner  of  Merri- 
mack county  the  sum  of  one  thousand  dollars  per  year,  payable 
in  equal  quarterly  instalments,  and  a  reasonable  sum  for  all  neces- 
sary expenses,  upon  order  of  the  superior  court,  his  accounts  hav- 
ing first  been  audited  by  the  court.  The  commissioners  of  Hills- 
borough county  may  expend  not  exceeding  eight  hundred  dollars 
per  year  for  such  clerical,  actuarial  or  stenographic  assistance  as 
may  be  necessary  at  the  offices  of  the  commission  in  Manchester 
and  Nashua. 

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

[Approved  February  20,  1913.] 


1913] 


Ch.\pters  3,  4. 


477 


CHAPTER  3. 

AN   ACT   IX   AMENDMENT   OF    CHAPTER   279    OF    THE   PUBLIC    STATUTES, 
RELATING  TO  TREASON  AND  MISPRISION. 


Section 

1.     Treason,    how   punished. 


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  279  of  the  Public  Treason,  how 
Statutes  by  adding  after  the  word  "years"  in  the  last  line  of  said''^°'^ 
section  the  words  and  shall  not  have  the  right  to  vote,  or  be  eligible 
to  office  under  the  constitution  of  this  state :  but  the  supreme  court 
may,  on  notice  to  the  attorney-general,  restore  the  privileges  of  an 
elector  to  any  person  who  may  have  forfeited  them  bj^  conviction 
of  such  offenses,  so  that  said  section  as  amended  shall  read  as 
follows :  Section  1.  If  any  person  owing  allegiance  to  this  state 
shall  levy  war  or  conspire  to  levy  war  against  it,  or  shall  in  any 
way  give  aid  and  comfort  to  the  enemies  of  this  state,  and  shall 
be  convicted  thereof,  either  upon  confession  in  open  court  or  by 
the  testimony  of  two  or  more  witnesses  to  the  same  overt  act  of  treason 
of  which  such  person  may  be  indicted,  he  shall  be  adjudged  guilty 
of  treason,  and  shall  be  imprisoned  not  exceeding  twenty-five  years, 
and  shall  not  have  the  right  to  vote,  or  be  eligible  to  office  under 
the  constitution  of  this  state ;  but  the  supreme  court  may,  on  notice 
to  the  attorney-general,  restore  the  privileges  of  an  elector  to  any 
person  who  may  have  forfeited  them  by  conviction  of  such  offenses. 

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


Takes    effect 
on   passage. 


[Approved  February  20.  1913.] 


CHAPTER  4. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  35  OF  THE  SESSION  LAWS  OF  1899, 
RELATING    TO    THE   APPOINTMENT    OF    GUARDIANS. 


Section 

1.      Conservator    for   person    on    his   own 
application. 


Section 

2.      Conservator     subject     to     same     laws 
as  guardian. 


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

Section  1.     That  section  1  of  chapter  35  of  the  session  Laws  of  Conservator  for 
1899  be  amended  by  striking  out  the  words  "guardian  over"  in  owirippHcation. 


478 


Chapter  5. 


[1913 


Conservator    sub- 
ject  to    same 
laws    as 
guardian. 


the  fifth  [and  sixth]  line  and  also  in  the  eighth  line  thereof  and 
substituting  therefor  in  each  of  said  lines  the  words  conservator 
for,  and  that  section  2  of  said  chapter  he  amended  by  striking  out 
the  word  ''guardian"  in  the  first  line  thereof  and  substituting 
therefor  the  word  ''conservator,"  so  that  said  sections  as  amended 
shall  read  as  follows:  Section  1.  "Whenever  any  person  shall  deem 
himself  unfitted  by  reason  of  infirmities  of  age  or  other  mental  or 
physical  disability  for  the  management  of  his  affairs  with  prudence 
and  understanding,  he  may  apply  to  the  court  of  probate  for  the 
county  in  which  he  resides  for  the  appointment  of  a  conservator 
for  him,  and  thereupon  the  judge  of  probate  for  such  county  may. 
without  notice  or  public  hearing,  appoint  some  suitable  person  as 
conservator  for  him.  Sect.  2.  Such  conservator  shall  give  bond 
to  the  judge  of  probate,  with  sufficient  sureties,  give  notice  of  his 
appointment  in  the  same  manner  as  guardians  of  insane  persons 
are  required  by  law  to  do,  and  be  subject  to  all  provisions  of  law 
now  in  force  as  to  guardians  and  estates  of  their  wards. 

[Approved  February  20,  1913.] 


CHAPTER  5. 


Fee    for   record in 
contracts    as    to 
railroad 
equipment. 


AN   ACT  TO   AMEND  SECTION   2  OF   CHAPTER    25  OF   THE   LAWS  OF   1893 
RELATING  TO  CONDITIONAL  SALES  OF  RAILW\\Y  EQUIPMENT. 

Sectiox   1.      Fee  for  recording  contracts  as  to  railroad  equipment. 

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

?  Section  1.  That  section  2  of  chapter  25  of  the  Laws  of  1893 
be  amended  hy  striking  out  the  last  sentence  of  said  section  and 
inserting  in  place  thereof  the  following:  And  for  such  services 
the  secretary  of  state  shall  collect  for  the  use  of  the  state  a  fee 
of  twenty-five  (25)  cents  per  page  of  224  words,  so  that  said  section 
as  amended  shall  read  as  follows :  Sect.  2.  The  contracts  herein  au- 
thorized shall  be  recorded  by  the  secretary  of  state  in  a  book  of. 
records  to  be  kept  for  that  purpose.  And  on  payment  in  full  of 
the  purchase  money,  and  the  performance  of  the  terms  and  condi- 
tions stipulated  in  any  such  contract,  a  declaration  in  writing  to 
that  effect  may  be  made  by  the  vendor,  lessor,  or  bailor,  or  his  or 
its  assignee,  which  declaration  may  be  made  on  the  margin  of  the 
record  of  the  contract,  duly  attested,  or  it  may  be  made  by  a  sep- 
arate instrument,  to  be  acknowledged  by  the  vendor,  lessor,  or 


ic>]3]  Chapter  G.  479 

bailor,  or  his  or  its  assignee,  and  recorded  as  aforesaid.  And  for 
such  services  the  secretary  of  state  shall  collect  for  the  use  of  the 
state  a  fee  of  tAventy-five  (25)  cents  per  page  of  224  words. 

[Approved  February  21.  1913.] 


CHAPTER  6. 

AN  ACT  IN  AMENDMENT  OF  SECTION  S,  CHAPTER  91,  LAWS  OF  1897, 
RELATING  TO  THE  DUTIES  OF  THE  STATE  BOARD  OF  CHARITIES  AND 
CORRECTION. 

Sectiox  I    Section 

1.      Board,  to  inspect  cortain  institutions  2.     Takes   effect  on   passage, 

and  report  results.  | 

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

Section  1.    Amend  section  8,  chapter  91,  Laws  [of  1  1897,  by  strik-  ^'^ai'd  to  inspect 

1  -  ,,  '  .  1     1  -I  P  1       f^'i"tam     institu- 

lug  out  the  phrase  except  the  state  prison  and  the  asylum  tor  the  tions  and  report 
insane  at  Concord,"  so  that  the  section  shall  read :  Sect.  8.  It  shall 
be  the  duty  of  the  board  to  inspect  all  state  and  county  charitable 
or  correctional  institutions  and  report  to  the  governor  and  council 
and  legislature  biennially  the  result  of  their*  inspection,  with  a 
recommendation  for  such  changes  in  existing  laws  as  in  their  judg- 
ment the  public  good  requires ;  and  shall,  in  making  such  inspec- 
tion, report  and  recommend  to  the  county  commissioners,  or  such 
other  county  or  state  officers  as  have  the  control  and  management 
of  such  institutions,  the  changes,  if  any,  that  said  boards  find  on 
such  inspection  should  be  made  in  said  institutions. 

Sect.  2.     This  act  shall  take  effect  on  its  passage.  In'^passS! 

[Approved  February  21,  1913.] 


480 


Chapter  7. 


CHAPTER  7. 

AN  ACT  IN  AMENDMENT  OF  SECTION  13,  CHAPTER  75,  SESSION  LAWS 
OF  1909,  ENTITLED  ''AN  ACT  TO  CREATE  THE  OFFICE  OF  STATE 
AUDITOR. ' ' 


Section' 

1.      Auditor's  report  to  show  unexpended 
appropriations. 


Section' 

2.      Takes   effect   on  passage. 


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


Auditor's   report 
to    show 
unexpended 

appropriations. 


Takes   effect 
on   passage. 


Section  1.  Amend  section  13,  chapter  75,  session  Laws  of  1909, 
entitled  "An  act  to  create  the  Office  of  State  Auditor,"  by  insert- 
ing in  said  section  after  the  word  "state"  in  the  second  line  of  said 
section,  the  words  all  unexpended  appropriations  for  the  year,  in 
two  classes,  viz.,  unexpended  appropriations  that  have  lapsed  by 
the  ending  of  the  fiscal  year,  in  one  class,  and  unexpended  appro- 
priations which  continue  as  a  liability  or  charge  upon  the  treasury, 
in  the  other  class,  so  that  said  section  as  amended  shall  read  as 
follows:  Sect.  13.  The  report  shall  show  the  aggregate  amount  of 
funded  debt  of  the  state,  all  unexpended  appropriations  for  the 
year,  in  two  classes,  viz.,  unexpended  appropriations  that  have 
lapsed  by  the  ending  of  the  fiscal  year,  in  one  class,  and  unexpended 
appropriations  which  continue  as  a  liability  or  charge  upon  the 
treasury,  in  the  other  class,  and  of  all  temporary  loans  at  the  be- 
ginning and  end  of  each  year  respectively,  and  the  balance  of 
increase  or  decrease,  and  state  the  cause  of  such  increase  or  de- 
crease. It  shall  state  whether  or  not  the  ordinary  expenses  of  the 
year  have  exceeded  the  income  and  show  the  amount  of  the  balance. 
It  shall  contain  a  particular  statement  of  all  transactions  affecting 
the  funds  belonging  to  or  held  in  trust  by  the  state,  including  new 
investments  of  any  portion  of  the  same  made  during  the  preceding 
year.  Such  report  shall  include  an  estimate  for  two  years  of  the 
ordinary  and  other  revenues  of  the  state,  and  of  the  expenses  of 
the  departments,  boards  and  commissions,  and  of  all  otlier  persons 
acting  under  the  authority  of  the  state. 

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

[Approved  February  21,  1913.] 


1913]  Chapter  8.  481 

CHAPTER  8. 

AN  ACT  IN  AMENDMENT  OF  SECTION  2  OP  CHAPTER  99  OF  THE  PAM- 
PHLET LAWS  OF  1911,  ENTITLED  ' '  AN  ACT  TO  PROHIBIT  BRIBERY  AT 
ELECTIONS  AND  TO  EXCLUDE  PERSONS  CONVICTED  THEREOF  FROM 
HOLDING  CIVIL  OFFICE  AND  FROM  EXERCISING  THE  RIGHT  OF 
FRANCHISE. ' ' 

Section'  I    Sectiox 

1.      Siipreme   court    may    restore    certain  2.     Repealing  clause;   act  takes  effect  on 

privileges.  |  passage. 

Be  if  oiacted  hy  the  Senate  and  House  of  Representatives  in 
General  Court  convened: 

Section  1.  Section  2  of  chapter  99  of  the  paiujihlet  Laws  of  Supreme  court 
1911  is  hereby  amended  by  striking  out  all  of  said  section  after  the  certain  privileges. 
word  ' '  suffrage ' '  in  the  last  line  of  said  section  and  inserting  in  the 
place  thereof  the  words  but  the  supreme  court  may,  on  notice  to 
the  attorney-general,  restore  the  privilege  of  an  elector  to  any  per- 
son who  may  have  forfeited  them  by  conviction  of  such  offenses,  so 
that  said  section  as  amended  shall  read  as  follows :  Sect.  2.  Any 
person  convicted  under  the  provisions  of  the  foregoing  section  shall 
thereafter  be  forever  disqualified  from  holding  anj''  civil  office  in 
this  state  and  from  exercising  the  right  of  suffrage ;  but  the  supreme 
court  may,  on  notice  to  the  attorney-general,  restore  the  privilege 
of  an  elector  to  any  person  who  may  have  forfeited  them  by 
conviction  of  such  offenses. 

Sect.  3  [2].     All  acts  or  parts  of  acts  inconsistent  with  this  act  Repealing  clause; 
are  hereby  repealed,  and  this  act  shall  t^ke  effect  upon  its  passage,  on  passage! 

[A])proved  February  21.  1913.] 


482 


Chapter  9. 


1913 


CHAPTER  9. 

AN  ACT  IN  AMENDMENT  OF   CHAPTER  34,   LAWS  OF   1911,   RELATING  TO 
THE   CATHEDRAL  AND  WHITE  HORSE   LEDGES. 


Section 


1. 


Forestry    commission    to    have    care 

of  property. 
To   report   to   governor    and   council. 
May  make  rules  and  regulations. 


Section 

4.  Penalty  for  violations. 

5.  Disposition   of   funds   donated. 

6.  Takes  effect  on  passage. 


Forestry  commis- 
sion to  have  care 
of  property. 


To  report  to 
governor  and 
council. 


May   make 
rules   and 
regulations. 


Penalty   for 
violations. 


Disposition    of 
funds  donated. 


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

Section  1.  Section  2  of  chapter  34  of  the  session  Laws  of  1901 
is  hereby  amended  by  striking  out  all  of  said  section  after  the 
words  "shall  be  vested  in,"  and  inserting  therefor  the  words  the 
forestry  commission;  so  that  said  section  as  amended  shall  read 
as  follows:  Sect.  2.  The  management,  improvement  and  care 
of  all  property  conveyed  to  the  state  as  aforesaid  shall  be  vested 
in  the  forestry  commission. 

Sect.  2.  Section  3  of  chapter  34  of  the  session  Laws  of  1901  is 
hereby  amended  by  striking  out  the  said  section  3  and  inserting 
therefor  the  following:  Sect.  3.  The  forestry  commission  shall, 
when  required  by  the  governor  and  council,  make  a  full  report  of 
all  their  official  acts  in  connection  with  the  management  of  such 
property  and  of  the  condition  of  the  property  in  their  charge. 

Sect.  3.  Section  4  of  chapter  34  of  the  session  Laws  of  1901  is 
hereby  amended  by  striking  out  at  the  beginning  of  said  section  the 
words,  "said  board  of  custodians,"  and  inserting  therefor  the 
words  the  forestry  commission;  so  that  said  section  as  amended 
shall  read  as  follows :  Sect.  4.  The  forestry  commission  may  make 
such  rules  and  regulations  as  may  be  required  to  protect  and  pre- 
serve said  property  from  injury  or  disfigurement,  all  such  rules 
and  regulations  to  be  posted  upon  said  property  and  at  two  public 
places  in  the  towns  of  Conway  and  Bartlett,  and  in  any  other  towns 
in  which  any  part  of  such  property  may  be  located. 

Sect.  4.  Section  5  of  chapter  34  of  the  session  Laws  of  1901  is 
hereby  amended  by  striking  out  the  words  "said  board  of  custo- 
dians" and  inserting  therefor  the  words  the  forestry  commission ;  so 
that  said  section  as  amended  shall  read  as  follows:  Sect.  5.  If 
any  person  shall  violate  any  rule  or  regulation  of  the  forestry  com- 
mission, he  shall  be  fined  not  exceeding  twenty  dollars  or  be  im- 
prisoned not  exceeding  six  months. 

Sect.  5.  Section  6  of  chapter  34  of  the  session  Laws  of  1901 
is  hereby  amended  by  striking  out  the  words  "  said  board  of  custo- 
dians," and  inserting  therefor  the  words  the  forestry  commission 
so  that  said  section  as  amended  shall  read  as  follows :  Sect.  6.    The 


1913]  Chapters  10,  11.  483 

forestry  commission  may  receive,  hold  and  invest  such  permanent 
funds  as  may  be  donated  for  the  purpose  of  providing  for  the 
expense  of  preserving  and  improving  such  property,  and  may  also 
receive  and  expend  for  the  care,  preservation,  and  improvement 
of  the  same  the  income  from  such  permanent  funds  and  such  sub- 
scriptions or  donations  as  may  be  made  from  time  to  time  for  sucli 
purposes. 

Sect.  6.     This  act  shall  take  effect  upon  its  passage.  Tn^pLsfge.' 

[Approved  February  21,  1913.] 


CHAPTER  10. 

AN  ACT  TO  Gr\'E  THE  CONVENTION  OF  ANY  COUNTY  AUTHORITY  TO  RAISE 
MONEY  FOR  THE  PURPOSE  OF  SECURING  A  COUNTY  AGENT  FOR  THE 
DEVELOPMENT  OF  THE  FARMING  INDUSTRY  IN  SUCH  COUNTY. 

Section  I    Section 

1.      Authority  conferred.  '         2.     Takes  effect  on  passage. 

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

Section  1.     The  convention  of  anv  county  mav  raise  and  ap-  Authority 

T  ^^  -\        -t      -<    Ti  11      conferred. 

propriate  money  not  exceeding  twelve  hundred  dollars  annually 
for  the  purpose  of  securing  a  county  agent  for  the  development 
of  the  farming  industry  in  such  county. 

Sect.  2.     This  act  shall  take  effect  on  its  passage.  on'Tasfg? 

[Approved  February  26,  1913.] 


CHAPTER  11. 

AN  ACT  TO  AUTHORIZE  THE  TOWNS  OF  EFFINGHAM  AND  FREEDOM  TO 
RAISE  AND  APPROPRIATE  MONEY  FOR  THE  EFFINGHAM  AND  OSSIPEE 
CENTER  ROAD. 

Section  i    Section 

1.      Appropriation    authorized.  I        2.     Takes  effect  on  passage. 

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

Section  1.     The  towns  of  Effingham  and  Freedom  are  hereby  Appropriation 
authorized  to  raise  and  appropriate  money  for  the  repair  and  im- 


484 


Chapter    12. 


[191.: 


Takes   effect 
on   passage. 


provement  of  the  road  known  as  the  Effingham  and  Ossipee  Center 
road,  in  the  town  of  Ossipee,  beginning  at  the  town  line  between  the 
towns  of  Effingham  and  Ossipee,  and  extending  to  the  state  high- 
way near  Ossipee  Center. 

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

[Approved  March  6,  1913.] 


CHAPTER  12. 


AN  ACT  IN  AMENDMENT  TO  CHAPTER  114,  SECTION  1,  OF  THE  LAWS  OP 
1909,  RELATING  TO  THE  CARRYING  OF  DANGEROUS  W^EAPONS. 


Section 

1.      Carrying    pistol,    etc.,    penalty. 


Section 

2.      Takes  effect  on  passage. 


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


Carrying   pistol, 
etc.,    penalty. 


Takes  effect 
on   passage. 


Section  1.  Section  1,  chapter  114  of  the  Laws  of  1909  is  hereby 
amended  by  striking  out  the  word  "loaded"  in  the  second  line  so 
that  said  section  as  amended  shall  read:  [Section  1.]  Whoever, 
except  as  provided  by  the  laws  of  this  state,  carries  on  his  person 
a  pistol  or  revolver,  or  any  stiletto,  dagger,  dirk-knife,  slung- 
shot,  or  metallic  knuckles,  shall  upon  conviction  be  punished  by  a 
fine  not  exceeding  one  hundred  dollars  or  by  imprisonment  not 
exceeding  one  year  or  by  both  such  fine  and  imprisonment ;  and 
any  such  weapon  or  article  so  carried  by  him  shall  be  confiscated  to 
the  use  of  the  state. 

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

[Approved  IMarch  6,  1913.] 


1913]  Chapters  13,  14.  485 

CHAPTER  13. 

AN   ACT    CHAXGIXG   THE   NAME   OF    UPPER   BEECH   POND   IN   THE   TOWN 

OF  WOLFEBORO. 

Seotiok  Skctiox 

1.      Xaiue    chaiigetl   to    Alpine   Lake.  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  Upper  Beech  pond  in  the  town  Name  changed. 
of  Wolfeboro  is  hereby  changed  to  Alpine  lake,  and  said  pond  shall 
hereafter  be  known  by  the  name  of  Alpine  lake. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  '^^^"'^  «*'f«<=' 

^  ^  °  on   passage. 

[Approved  March  6,  1913.] 


CHAPTER  U. 


AN  ACT  IN  AMENDMENT  UF  SECTION  3.  CHAPTER  29  OF  THE  PAMPHLET 
LAWS  OP  1893,  ENTITLED  "AN  ACT  PROVIDING  FORTHE  CONSTRL'CTION, 
IMPROVEMENT  AND  REPAIR  OF  HIGHWAYS  AND  BRIDGES  IN  TOWN'S,  AND 
IN  AMENDMENT  OF  CHAPTER  73  OF  THE  PUBLIC  STATUTES." 

Section  Sectiox 

1.      Town  may   instruct   selectmen   to   ap-  2.      Repealing  clause;   act  takes  effect  on 

point  highway  agent.  passage. 

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

Section  1.     Chapter  29,  section  3  of  the  pamphlet  Laws  of  1893  T..wn   may 
is  hereby  amended  by  inserting  after  the  words  "highway  agents "  io'™i^f°'"'''' 
in  the  second  line  of  said  section  the  words  or  the  town  may  in-  ^'"'i^^iy  agent. 
struct  its  selectmen  to  appoint  an  expert  highway  agent  to  have 
the  same  power  and  perform  the  same  duties  as  a  highway  agent 
could  if  elected  by  said  town,  so  that  said  section  as  amended  shall 
read  as  follows:     Sect.  3.     At  the  annual  election  each  town  shall 
elect,  by  ballot,  one  or  more,  not  exceeding  three,  highway  agents, 
or  the  town  may  instruct  its  selectmen  to  appoint  an  expert  high- 
way agent,  to  have  the  same  power  and  perform  the  same  duties 
as  a  highway  agent  [could]  if  elected  by  said  town,  who  shall  liave 
charge  of  the  construction  and  repair  of  all  highways  and  bridges 
within  the  town ;  and  shall  have  authority  to  emi)loy  the  necessary 
men  and  teams,  and  purchase  timber,  plank,  and  other  material 


486  Chapter  ]5.  [1913 

for  the  construction  and  repair  of  highways  and  bridges;  and 
they  may  remove  gravel,  rocks,  or  other  materials  from  one  part 
of  the  town  to  another,  doing  no  damage  to  adjoining  land,  for 
the  purpose  of  grading  or  otherwise  repairing  the  same.  Said 
agents  shall  be  sworn  to  the  faithful  discharge  of  their  duty,  give 
bonds  to  the  satisfaction  of  the  selectmen,  and  be  responsible  to 
them  for  the  expenditure  of  money  and  the  discharge  of  their 
duties  generally.  The  compensation  of  said  agents  shall  be  fixed 
by  the  town  or  selectmen,  and  they  shall  render  to  the  selectmen 
monthl}^  statements  of  their  expenditures,  and  receive  no  money 
from  the  treasurer  only  on  the  order  of  the  selectmen. 
Repealing  clause;  Sect.  2.  All  acts  or  parts  of  acts  inconsistent  with  this  act 
on  passage.  are  hereby  repealed  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  March  6,  1913.] 


CHAPTER  15. 

AN  ACT   IN  AMENDMENT  OP   CHAPTER   142  OF   THE  LAWS  OF   1907,   RE- 
LATING TO  THE  SANITARY  MANAGEMENT  OF  BARBER  SHOPS. 

Sectiox  I    Section 

1.      Sanitary      regulations      for      barber  2.     Repealing  clause;  act  takes  effect  on 

shops.  I  passage. 

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

Sanitaj-y  reguia-        SECTION  1.     Scctiou  1  of  chapter  142  of  the  Laws  of  1907  is  here- 
shops.  '       by  amended  by  striking  out  the  word  "and"  in  the  5th  line  of  said 

section  and  placing  a  comma  after  the  word  brushes  in  said  line; 
said  section  is  also  amended  by  inserting  after  the  word  "razors" 
in  the  5th  line  the  words  tweezers,  needles,  or  lances.  Said  sec- 
tion is  also  amended  by  striking  out  the  word  "after"  in  the 
7th  [sixth]  line  thereof  and  inserting  in  place  thereof  the 
Avord  before.  Said  section  is  also  amended  by  striking  out  the 
period  after  the  word  "thereof"  in  the  7th  line  and  insert 
in  place  thereof  a  comma,  and  the  following  words  and  hair  brushes, 
combs  and  neck  dusters  shall  be  sterilized  each  morning  and  the 
same  shall  be  kept  in  a  cleanly  condition  at  all  times.  Said  section 
is  also  amended  by  striking  out  the  words  "clean  towel"  in  the 
7th  line  of  said  section  and  inserting  in  place  thereof  the 
words  fresh  clean  towels,  or  sterilized  towels.  Said  section  is 
further  amended  by  striking  out  the  words  "hot  water"  in  the 
11th    line    thereof,    and    inserting    in    place    thereof    the    w^ords 


1913]  Chapter  16.  487 

running  hot  water,  wliere  water  under  pressure  is  available.  Said 
section  is  further  amended  by  striking  out  all  of  said  section  after 
the  word  ''shall"  in  the  14th  line  of  said  section  and  in- 
serting in  place  thereof  the  words  keep  his  hands  thoroughly 
cleansed,  and  the  head-rest  of  every  chair  shall  be  protected  with 
clean  paper  before  serving  any  customer,  so  that  said  section  as 
amended  shall  read  as  follows:  Section  1.  Boards  of  health  of 
towns  and  cities  are  hereby  authorized  and  directed  to  promulgate 
the  following  rules  and  regulations  for  the  management  of  barber 
shops.  Barber  shops  or  places  where  the  trade  is  carried  on  shall 
be  kept  at  all  times  in  a  cleanly  condition.  Mugs,  shaving  brushes, 
razors,  tweezers,  needles,  or  lances  shall  be  sterilized  by  immersion 
in  boiling  water  or  some  sterilizing  solution  before  every  separate 
use  thereof,  and  hair  brushes,  combs  and  neck  dusters  shall  be 
sterilized  each  morning  and  the  same  shall  be  kept  in  a  cleanly 
condition  at  all  times.  Fresh  clean  towels,  or  sterilized  tow'els 
shall  be  used  for  each  person.  Alum,  or  other  material,  used  to 
stop  the  flow  of  blood  shall  be  used  only  in  powdered  form.  The 
use  of  powder  puffs  and  sponges  is  prohibited.  Every  barber  shop 
shall  be  provided  with  running  hot  water,  where  water  under 
pressure  is  available.  No  person  or  persons  shall  be  allowed  to 
sleep  in  any  room  used  w^holly  or  in  part  for  tonsorial  purposes, 
nor  shall  the  business  of  a  barber  be  carried  on  in  any  room  used 
as  a  sleeping  apartment.  Every  barber  shall  keep  his  hands 
thoroughly  cleansed,  and  the  head  rest  of  every  chair  shall  be  pro-  . 
tected  with  clean  paper  before  serving  any  customer. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  Repealing  clause; 
are  herebj^  repealed  and  this  act  shall  take  effect  upon  its  passage,  ou  pLsliV  "^"^ 

[Approved  IMareh  6.  1913.] 


CHAPTER  16. 


AN  ACT  RELATING  TO  THE  TAXATION  OF  VEHICLES.  FOWLS  AND  BOATS. 


Si*:'Tiox 

1.      Taxation     of     vehicles,     fowls,      and 
boats. 


Section 

2.     Takes  effect   on  passage. 


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

Section   1.     That   the   words   "the   aggregate   value   of  which  Tax'^''""  "^  , 

-,  T        T     T    ■,-,  ,,    .  vehicles,     towls, 

exceeds  one  hundred  dollars  '  m  the   [third  and]    fourth  line  of  and  boats. 
section  1,  chapter  94,  Laws  1899,  be  stricken  out  and  the  words 


488 


Chapter  17. 


19J3 


Takes   effect 
on   passage. 


in  excess  of  the  aggregate  value  of  one  hundred  dollars  be  in- 
serted instead  thereof,  so  that  said  section  as  amended  shall  read 
as  follows:  Vehicles,  in  excess  of  the  aggregate  value  of  one 
hundred  dollars:  and  the  words  "of  every  description  exceeding 
fifty  dollars  in  value"  in  division  11,  section  7,  chapter  55,  Public 
Statutes,  be  stricken  out  and  the  words  [of  every  description]  in 
excess  of  the  aggregate  value  of  fifty  dollars  be  inserted  instead 
thereof,  so  that  said  division  11  as  amended  shall  read  as  follows: 
Fowls  of  every  description  in  excess  of  the  aggregate  value  of 
fifty  dollars :  and  the  words  ' '  the  aggregate  value  of  which  exceeds 
one  hundred  dollars"  in  the  third  and  fourth  lines  of  section  1, 
chapter  49,  Laws  1911,  be  stricken  out  and  the  words  in  excess  of 
the  aggregate  value  of  one  hundred  dollars  be  inserted  instead 
thereof,  so  that  said  section  as  amended  shall  read  as  follows: 
[Section  1.  Section  1  of  chapter  25  of  the  Laws  of  1905  is 
amended  to  read  as  follows:]  All  boats  and  launches  of  every 
description,  whatever  the  motive  power  may  be,  in  excess  of  the 
aggregate  value  of  one  hundred  dollars,  shall  be  taxed  to  the 
owner  M'here  the  property  is  located  on  the  first  [day]  of  April. 
Sect.  2.     This  act  shall  take  eifect  upon  its  passage. 

[Approved  March  6,  1913.] 


CHAPTER  17, 


AN   ACT   TO   AID   IN    THE   SUPPRESSION   OF   TUBERCULOSIS. 


State  board  of 
health  to  prepare 
bulletins. 


Distribution    by 
school    teachers. 


Section 

1.  State    board     of     health     to     prepare 

bulletins. 

2.  Distribution   by   school   teachers. 

3.  Report  of  number  required. 


Sectiox 

4.  Distri)mtion      by      state      board      of 

health. 

5.  Takes   effect  May   1,    1913. 


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

Section  1.  The  state  board  of  health  is  authorized  and  in- 
structed to  prepare,  or  to  cause  to  be  prepared,  such  bulletin  or 
bulletins  on  the  cause,  restriction  and  prevention  of  tuberculosis, 
embodying  such  facts,  suggestions  and  regulations  as  in  its  judg- 
ment shall  best  instruct  the  public  in  methods  of  prevention  and 
restriction,  including  the  proper  sanitary  management  of  said 
disease. 

Sect.  2.  It  shall  be  the  duty  of  the  board  of  education  of  every 
school  district  in  the  state  to  furnish  each  teacher  of  a  public  school 


D 


Ol»i   i; 


1913 


Chapter  18. 


489 


a  sufficient  number  of  copies  of  each  bulletin,  whenever  issued,  as 
to  enable  the  said  teacher,  whose  duty  it  shall  be  to  distribute  one 
copy  to  each  family  represented  in  said  school  district. 

Sect.  3.     The  board  of  education  shall  ascertain,  approximately.  Report  of 
the  number  of  copies  of  said  bulletin  that  may  be  required  under  "^quh^d. 
the  provisions  of  the  foregoing  section  and  shall  report  the  same 
to  the  state  board  of  health  within  thirty  days  after  request  is 
made  for  same  by  said  state  board  of  health. 

Sect.  4.  The  state  board  of  health  shall,  as  soon  as  practicable  Distribution 
after  ascertaining  the  number  of  copies  of  said  bulletin  that  will  of  health. 
be  required  for  the  distribution  herein  provided  for,  cause  to  be 
printed  and  forwarded  to  each  board  of  education  a  sufficient 
number  of  copies  to  meet  the  requirements  of  section  2  of  this  act, 
and  such  additional  number  of  copies  as  in  the  judgment  of  the 
said  board  may  be  otherwise  profitably  distributed. 

Sect.  5.     This  act  shall  take  effect  and  be  in  force  on  and  after  Takes  effect 
May  1,  1913. 


by 


May  1,   191c 


[Approved  March  6.  1913.] 


CHAPTER  18. 


AX  ACT  TO  AMEND  SECTION  5,  CHAPTER  35,  SESSION  LA^YS  OF  1905, 
RELATING  TO  STATE  AID  IN  THE  PERMANENT  IMPROVEMENT  OF 
HIGHWAYS. 


Section 

1.  Town  may  appropriate  in  excess  of 
required  amount;  apportionment 
of  state  aid  in  such  case. 


Section 

2.      Repealing  clause;    act  takes  effect  on 
passage. 


Be   it   enacted   hy   tJic   Senate  anel  House   of  Representatives  in 
General  Court  convened: 

Section   1.     Amend   section   5.   chapter  35,   Laws  of  1905,  by  Town  may  make 
adding  the  following:     Any  city  or  town  or  the  county  commis-tion;   apportion- 
sioners  for  any  unincorporated  place,  may,  in  any  year,  set  apart  ""s^ch^  case.*  "'*^ 
for  the  permanent  improvement  of  the  highways  a  larger  sum  than 
provided  by  section  4  of  this  act.     "When  the  amount  set   apart 
shall  exceed  the  amount  required  in  section  4  the  fact  shall  be 
stated  in  the  application  for  state  aid.    In  such  case  for  each  dollar 
set  apart  in  excess,  the  city,  town  or  unincorporated  place  shall  be 
entitled  to  receive  from  the  state  as  state  aid  amounts  in  proportion 
to  valuation  as  provided  in  this  section,  but  in  no  case  shall  the 
state  be  required  to  pay  in  any  given  year  a  greater  sum  than  if 


490  Chapter  18.  [1913 

the  amount  set  apart  by  the  said  city,  town  or  unincorporated  place 
had  not  exceeded  the  amount  required  in  section  4.     The  applica- 
tion as  to  the  amount  in  excess  of  that  required  by  section  4  shall 
be  regarded  as  continuing  and  the  amount  or  amounts  due  from 
the  state  shall  be  paid  each  succeeding  year  in  preference  to  any 
new  application  for  state  aid  from  said  city,  town  or  unincor- 
porated places,  to  the  end  that  the  joint  fund  may  be  immediately 
effective ;  any  city  or  town  or  any  unincorporated  place  may  borrow 
the  amount  or  amounts  which  may  be  due  from  the  state  in  the 
succeeding  years  by  reason  of  the  excess  appropriation,  and  the 
selectmen,  board  of  mayor  and  aldermen  or  county  commissioners, 
shall  have  authority  to  pledge  the  credit  of  the  town,  city  or  unin- 
corporated place,  and  issue  notes  unless  other  arrangement  is  made 
to  render  the  joint  fund  available,  so  that  as  amended  said  section 
shall  read:     Sect.  5.     The  governor  and  council  shall  apportion 
from  the  amount  appropriated  under  the  provisions  of  this  act,  to 
each   city,   town,    and   unincorporated   town   or   place   which  has 
applied  for  state  aid,  [and  has  raised,  appropriated,  and  set  aside 
the  additional  amount  provided  for  in  section  4,  entitling  it  to  state 
aid,]    for  the  permanent  improvement  of  its  highways,  for  each 
dollar  so  set  apart  by  such  city  or  town,  or  for  such  unincorporated 
town  or  place  under  sections   3   and  4,  the   following  amounts: 
towns  and  unincorporated  towns  and  places  having  a  valuation  of 
less  than  $100,000,  $3  for  each  $1  set  apart  under  sections  3  and 
4;  towns  and  unincorporated  towns  and  places  having  a  valua- 
tion of  $100,000  and  less  than  $250,000,  $1.25;  towns  and  unin- 
corporated towns  and  places  having  a  valuation  of  $250,000  and 
less  than  $500,000,  $0.60;  towns  having  a  valuation  of  $500,000 
and  less  than  $1,000,000,  $0.40;  cities  and  towns  having  a  valua- 
tion of  $1,000,000  and  less  than  $3,000,000,  $0.25;  and  cities  and 
towns  having  a  valuation  of  $3,000,000  and  upwards,  $0.20.     Any 
city  or  town  or  the  county  commissioners  for  any  unincorporated 
place,  may,  in  any  year,  set  apart  for  the  permanent  improve- 
ment of  the  highways  a  larger  sum  than  provided  by  section  4  of 
this  act.    When  the  amount  set  apart  shall  exceed  the  amount  re- 
quired in  section  4  the  fact  shall  be  stated  in  the  application  for 
state  aid.    In  such  case  for  each  dollar  set  apart  in  excess,  the  city, 
town  or  unincorporated  place  shall  be  entitled  to  receive  from  the 
state  as  state  aid  amounts  in  proportion  to  valuation  as  provided  in 
this  section,  but  in  no  case  shall  the  state  be  required  to  pay  in  any 
given  year  a  greater  sum  than  if  the  amount  set  apart  by  the 
said   city,   town  or  unincorporated   place  had   not   exceeded  the 
amount  required  in  section  4.     The  application  as  to  the  amount 
in  excess  of  that  required  by  section  4  shall  be  regarded  as  continu- 
ing and  the  amount  or  amounts  due  from  the  state  shall  be  paid 


1913] 


Chapter  19. 


491 


each  succeeding  year  iu  preference  to  any  new  application  for 
state  aid  from  said  city,  town  or  unincorporated  place,  to  the 
end  that  the  joint  fund  may  be  immediately  effective ;  any  city,  or 
town  or  any  unincorporated  place  may  borrow  the  amount  or 
amounts  which  may  be  due  from  the  state  in  the  succeeding  years 
by  reason  of  the  excess  appropriation,  and  the  selectmen,  board 
of  mayor  and  aldermen  or  county  commissioners,  shall  have  au- 
thority to  pledge  the  credit  of  the  town,  city  or  unincorporated 
place,  and  issue  notes  unless  other  arrangement  is  made  to  render 
the  joint  fund  available. 

Sect.  2.     All  acts  or  parts  of  acts  inconsistent  herewith  are  re-  Repealing 

act   takes 

pealed  and  this  act  shall  take  effect  upon  its  passage.  on  passage. 


clause; 
effect 


[Approved  March  6,  1913. 


CHAPTER  19.    . 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  76  OF  THE  PUBLIC  STATUTES  RE- 
LATING TO  DAMAGES  HAPPENING  IN  THE  USE  OF  HIGHWAYS,  LAW 
OP  THE  ROAD. 


Section 

1.  Town  not  liable  if  load  exceeds  cer- 

tain amount. 

2.  Nor  if  load  exceeds  five  tons,  unless 

felloes  are  of  specified  width. 


Section'  i 

3.      Repealing  clause;   act  takes  effect  on 
passage. 


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


Section  1.     Chapter  76,  section  3  of  the  Public  Statutes  is  here-  Town  not  liable 


by  amended  by  striking  out  all  after  the  word  "carriage 
second  line  of  said  section  and  inserting  in  the  place  thereof  the 
words  between  the  passage  of  this  act  and  April  1,  191.5,  wlieu  the 
load  inclusive  of  the  carriage,  exceeds  six  tons,  and  after  April  1. 
1915,  they  shall  not  be  liable  for  such  damages,  when  the  load  in- 
clusive of  the  carriage  exceeds  ten  tons,  so  that  said  section  as 
amended  shall  read  as  follows:  Sect.  3.  Towns  and  other  cor- 
porations are  not  liable  for  such  damages  to  a  person  traveling 
with  a  loaded  carriage,  between  the  passage  of  this  act  and  April 
1:  1915.  when  the  load,  inclusive  of  the  carriage,  exceeds  six  tons, 
and  after  April  1,  1915,  they  shall  not  be  liable  for  such  damages, 
when  the  load,  inclusive  of  the  carriage,  exceeds  ten  tons. 
Sect.  2. 


■  i       if    load 
m   tne  certain 


exceeds 
amount. 


Section  4  of  said  chapter  is  hereby  amended  by  strik-  ^'o»'   '^ 
ing  out  after  the  word  "load"  in  the  second  line  of  said  section,  unless^ 

of  specified 
width. 


the  words  "exclusive  of  the  carriage,  exceeds  three  tons."  and 


load 

five    tons, 
felloes,   are 


492  Chapter  20.  [1!)13: 

sertiug  in  the  place  thereof  the  words  inclusive  of  the  carriage, 
exceeds  five  tons,  so  that  said  section  as  amended  shall  read  as 
follows :  Sect.  4.  They  are  not  liable  for  such  damages  when 
the  weight  of  the  load,  inclusive  of  the  carriage,  exceeds  five  tons,, 
unless  the  width  of  the  felloes  of  the  wheels,  if  a  two-wheeled 
carriage,  is  at  least  five  inches,  and  if  a  four-wheeled  carriage,  three 
and  one  half  inches. 
Repealing  clause;  Sect.  3.  All  acts  and  parts  of  acts  inconsist-eut  with  this  act  are- 
on  p^as'lage^'*^*'*     hereby  repealed  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  March  7.  1913.] 


CHAPTER  20. 


.\X  act  IX  AMENDMENT  OF  CHAPTER  178  OF  THE  LAWS  OF  1911.  RE- 
LATING TO  THE  EXEMPTION  FROM  TAXATION  OF  PROPERTY  IN 
NEW^BURY. 


Sectiox 

1.      Not     to     be     valued     for     state     and 
county  tax. 


Sectiox 

2.      Takes  effect  on  passage. 


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

Not  to  be  valued        SECTION   1.     That  chapter  178  of  the  Laws  of  1911   is  hereby 
for  state   and       amended  bv  striking  out  section  2  thereof. 

county    tax.  '  . 

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

on   passage. 

[Approved  March  7,  1913.] 


1933] 


Chapter  21. 


493 


CHAPTER  21. 

AN  ACT  IN  AMENDMENT  OF  SECTIONS  1,  9  AND  26  OF  CHAPTER  243  OF 
THE  PUBLIC  STATUTES,  RELATING  TO  THE  PARTITION  OF  REAL 
ESTATE. 


Section 

1.  Who    may   have   partition :    who   may 

be  made  petitionees. 

2.  Issues,  how  framed  and  tried. 


Section 

.3.  Sale  and  distribution  if  division  im- 
practicable. 

4.  Repealing  clause;  act  takes  effect  on 
passage. 


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

Section  1.     Amend  sectiou  1  of  said  chapter  as  follows:    Strike  who  may  have 

„.  .  -.  .  -  If      1         n    M         ■  partition:     who 

out  all  01  said  section  and  insert  in  place  thereoi  the  loUowmg :  may  be  made 
Section  1.  One  or  more  persons,  having  or  holding  real  estate  p*^*'*'""*'*'''- 
with  others,  in  possession,  reversion  or  remainder,  may  have  par- 
tition thereof  as  in  this  chapter  provided.  And  the  petitioner 
may,  at  his  election,  make  a  tenant  for  life  or  for  years,  or  a  tenant 
by  the  courtesy  of  the  entire  real  estate  or  any  part  thereof  or 
whoever  may  be  entitled  to  a  contingent  or  vested  remainder  or 
reversion  or  any  executory  interest  in  the  entire  real  estate  or  any 
part  thereof  or  any  lien-holder  on  the  entire  real  estate  or  any 
part  thereof  a  petitionee  in  the  action. 

Sect.  2.     Amend  section  9  of  said  chapter  243  as  follows  :   Strike  issues.   Uow 
out  all  of  said  section  and  insert  in  place  thereof  the  following:  trfe™!^ 
Sect.  9.     ^Matters  alleged  in  the  petition  may  be  denied  or  avoided 
by  the  petitionee  by  plea,  and  further  proceedings  may  be  had, 
and  an  issue  of  fact  or  of  law  made  and  tried  as  upon  a  writ  at 
common  law  or  a  bill  in  equity,  and  the  court  shall  have  full  power  ' 
to  determine  the  respective  interests  of  all  the  parties;  or  the  peti- 
tionee may  file   a   plea   denying  that   he   holds   any   part    of   the 
premises  with  the  petitioner,  witli  a  brief  statement  of  matters  in 
defense. 

Sect.  3.  Amend  section  26  of  said  chapter  243,  as  follows :  Saie  and  djstri- 
Strike  out  all  of  said  section  and  insert  in  place  thereof  the  fol-  ilupracticabie.  ' 
lowing :  Sect.  26.  "When  the  proceedings  are  pending  in  the 
superior  court,  if  it  shall  be  alleged  in  the  petition  tliat  tlie  estate 
is  so  situated  that  it  cannot  be  divided  so  as  to  give  each  owner 
his  share  thereof  without  great  prejudice  or  inconvenience  and  the 
court  so  finds,  or  if,  upon  the  report  of  the  committee  tliat  the 
estate  is  of  the  nature  aforesaid  and  the  court  so  finds,  the  court 
may  order  it  to  be  sold  and  the  proceeds  thereof  to  be  divided 
among  the  owners  according  to  their  respective  titles  and  may  make 
all  other  orders  that  may  be  necessary  to  cause  such  sale  and  tlie 


494 


ReiJealing    clause 
act   takes   effect 
ou   passage. 


Chapter  22. 


[1913 


distribution  of  the  proceeds,  as  a  court  of  equity  may  do  in  like 
eases ;  but,  if  it  appears  to  the  court  that  the  estate  is  divisible,  it 
shall  recommit  the  report  to  the  committee  with  instructions  as 
to  the  division  thereof. 

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

[Approved  March  7,  1913.] 


CHAPTER  22. 


AN  ACT  IN  AMENDMENT  OF  SECTION  1  OP  CHAPTER  11  OF  THE  SES- 
SION LAWS  OP  1899,  AS  AMENDED  BY  CHAPTER  96  OF  THE  SESSION 
LAWS  OP  1909,  MAKING  THE  TWELFTH  DAY  OF  OCTOBER  A  LEGAL 
HOLIDAY. 


Section 

1.      October    12    a   legal   liolidav. 


Section 

2.      Repealing  clause;   act  takes  effect  on 
passage. 


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

October   12  SECTION  1.     Amend  section  1  of  chapter  11  of  the  session  Laws 

a  legal  holiday,  ^f  ^ggg^  ^^  amended  by  chapter  96  of  the  session  Laws  of  1909  by 
inserting  after  the  word  "January,"  in  the  said  amended  section, 
the  words  the  twelfth  day  of  October,  and  by  striking  out  the 
word  "five"  in  the  said  amended  section,  and  by  striking  out  the 
word  "four"  in  the  said  section  1  of  chapter  11  of  the  session 
Laws  of  1899,  and  inserting  in  place  of  said  words  "five"  and 
"four"  the  word  six,  so  that  said  section,  as  amended  by  said 
chapter  96  of  the  session  Laws  of  1909,  and  further  amended  by 
this  act,  shall  read  as  follows:  Section  1.  Thanksgiving  Day  and 
Fast  Day  whenever  appointed,  Labor  Day,  the  day  on  which  the 
biennial  elections  are  held,  the  twenty-second  day  of  February, 
the  thirtieth  day  of  May,  the  fourth  day  of  July,  the  first  day  of 
January,  the  twelfth  day  of  October,  and  Christmas  Day,  shall  be 
legal  holidays,  and  when  either  of  the  six  days  last  mentioned 
occurs  on  Sunday  the  following  day  shall  be  observed  as  a  holiday. 
Repealing  clause;  Sect.  2.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
on  passage.  hereby  repealed,  and  this  act  shall  take  effect  on  its  passage. 


[Approved  March  12,  1913.] 


1913] 


Chapters  23,  24. 


495 


CHAPTER  23. 

AX  ACT  RELATING  TO  THE  TAKING  OF  LAKE  TROUT,  SHAD,  BLUE  FINS  OR 
WHITE  FISH  FROM  THE  WATERS  OF  LAKES  PAUGUS  AND  WINNI- 
PESAUKEE. 


Sectiox 

1.      Xumber  of  fish   limited. 


Section 

2.     Repealing    clause;     act    takes    effect 
on  passage. 


Be   it   enacted   hij   the   Souitc   anel   House   of  Representatives  in 
General  Court  convened: 

Section  1.     It  sliall  be  lawful  to  take  with  a  single  hook  and  line  Number  of 
from  the  waters  of  Lakes  Paugus  and  Winnipesaukee,  while  fish-  ^^^  ''""^ed. 
ing  from  an  anchored  boat,  two  lake  trout,  and  six  shad,  blue  fins 
or  white  fish  in  any  one  day.  between  the  fifteenth  day  of  June  and 
the  first  day  of  October  in  each  year. 

Sect.  2.     So  much  of  section  51  [section  56,  chapter  79],  of  the  Repealing  clause; 
Laws  of  1901,  as  amended  by  chapter  82,  Laws  of  1903;  chapter  36,  ou  passage: 
Laws  of  1907 ;  chapter  32.  Laws  of  1909,  and  chapter  152,  Laws 
of  1911,   as  is  inconsistent  with  this  act   and  all  other  acts  in- 
consistent with  this  act  are  hereby  repealed,  and  this  act  shall  take 
effect  on  its  passage. 

[Approved  March  14.  1913.] 


CHAPTER  24. 


AN   act   prohibiting   FISHING   THROUGH   THE   ICE  ON   STEELE   POND   IN 
THE  TOWN  OF  ANTRIM. 


Sectiox 

1.      Penaltv  for   ice-fishinj 


Section 

2.      Takes  effect  on   passage. 


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

Section  1.     For  a  period  of  five  years  from  the  date  of  the  pas-  Penalty  for 
sage  of  this  act,  if  any  person  shall  fish  through  the  ice  on  Steele  '"^' 

pond,  so  called,  in  the  town  of  Antrim,  he  shall  be  punished  by  a 
fine  of  ten  dollars  for  each  offense. 


Sect.  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  March  14.  1913.] 


Takes   effect 
on   passage. 


\ 

496  Chapters  25,  26.  [1913 

CHAPTER  25. 

AN  ACT  FOR  THE  BETTER  PROTECTION  OP  BROOK  OR  SPECKLED  TROUT  IN 
PARTS  OF  CARROLL  AND  COOS  COUNTIES. 

Sectiox  I    sectiox 

1.      Fishing   in    certain   waters   regulated.    '         2.      Penalty  for  violation. 

Be    it   enacted    hy    tlie   Senate   and   House    of  Reiyresentafives   in 
General  Court  convened: 

Fishing  in  certain      SECTION  1.     No  pei'soii  shall  between  the  first  day  of  Ausrust 

waters    regulated.  iij-'ipiir  n   t,        ■ 

and  the  hrst  day  o±  May  next  lollowmg.  catch,  kill,  or  take  in  any 
manner,  any  brook  or  speckled  tront,  from  the  Ellis  or  Wildcat 
rivers,  or  any  brooks  or  tributaries  emptying  into  the  same,  also 
the  east  and  west  branches  of  the  Saco  river,  or  the  ponds  in 
Carter's  notch,  together  with  the  brooks  or  tributaries  emptying 
into  the  same ;  all  situated  in  the  noi'thern  part  of  Carroll  and 
southern  part  of  Coos  counties. 
Penalty.  Sect.  2.     Any  persoii  violating  the  i)rovisions  of  this  act  shall 

be  liable  to  a  tine  of  twenty  dollars  (-1^20  i. 

[Ai)proved  March  14.  1913.] 


CHAPTER  26. 


AN  ACT  TO  PROHIBIT  TAKING  FISH  THROUGH    THE  ICE  IN  KEYSER  LAKE 
AND  OTHER  SPECIFIED  WATERS. 

Section    1.      Penalty    for    ice-fishing. 

Be    it   enacted   />//    fJie    S<)iate   and   Hou.^i    of  Representatives   in 
General  Court  convened: 

Penalty  for  SECTION  1.     If  any  pei'sou  shall  fish  through  the  ice  on  Keyser 

lake  or  Gile  pond,  in  the  town  of  Sutton,  or  Cobbett  pond  in  the 
town  of  Windham,  or  Canobie  lake  in  the  towns  of  Windham  and 
Salem,  he  shall  be  punished  by  a  fine  of  ten  dollars  for  each  offense. 

[Approved  March  14.  1913.] 


1913]  Chapters  27,  28.  497 

CHAPTER  27. 

AN   ACT   AUTHORIZING    TOWNS    AND   CITIES   TO   PURCHASE    AND    MANAGE 
LANDS  FOR  FORESTRY  PURPOSES. 

Section  i    Section 

1.  Authority   granted.  3.      Net  proceeds  to  town  treasury. 

2.  State  forester  to   direct  management.  4.      Takes  effect  on  passage. 

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

Section  1.     Towns  and  cities  mav  at  any  legal  meeting  grant  Authority 

o    o  granted. 

and  vote  such  sums  of  money  as  they  shall  judge  necessary  to 
purchase,  manage  and  improve  lands  for  the  purpose  of  growing 
wood  and  timber. 

Sect.  2.     Any  lands  so  purchased  shall  be  managed  under  the  state  forester 
direction  of  the  state  forester. 

Sect.  3.     The  net  proceeds,  after  deducting  necessary  expenses,  Net  proceeds  to 
from  the  sale  of  wood  and  timber  from  such  lands  shall  be  turned  °""   ieasur>. 
into  the  town  treasury. 

Sect.  4.     This  act  shall  take  effect  upon  its  passage.  '^''^"^  ^^^"^ 

i  ^  ~  on   passage. 

[Approved  :\rarch  14,  1913.] 


CHAPTER  28. 

an   act   REPEALING   CHAPTER   135   OF   THE   SESSION   LAWS  OF   1909   RE- 
LATING TO  THE  LICENSING  OF  DOGS  KEPT  FOR  BREEDING  PURPOSES. 

Section  j    Section 

1.      Prior  act  repealed.  '         2.      Takes  effect   on  passage. 

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

Section  1.     Chai)ter  135  of  the  session  Laws  of  1909.  entitled  Prior  act 
"An  Act  amending  Chapter  60  of  the  Session  Laws  of  1891,  pro- 
viding for  the  Licensing  of  Dogs  kept  for  Breeding  Purposes"  is 
hereby  repealed. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  '^''^^^  «^^<=' 

^  ^  °  on   passage. 

[Approved  ]March  14.  1913.] 


498  Chapters  29,  30.  [1913 

CHAPTER  29. 

AN  ACT  PROVIDING  A  SEAL  FOR  THE  STATE  BOARD  OF  HEALTH. 

Section  I    Section 

1.      Seal  provided  for;   use   and  effect.        '         2.     Takes  effect  on  passage. 

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

Seal   provided  SECTION  1.     The  State  boai'd  of  health  shall  have  a  seal,  which 

effect  "^*^  '^^^  shall  be  like  the  present  seal  of  the  state  except  that  the  device 
thereon  shall  be  surrounded  by  the  words  State  Board  of  Health 
of  Neiv  HamiJsliire  in  the  place  of  the  words  "Sigillum  Reipublicse 
Neo  Hantoniensis,  1784,"  surrounding  the  device  of  said  seal  of 
the  state.  Every  certificate  or  other  official  paper  executed  by  the 
secretary  of  the  state  board  of  health  in  pursuance  of  any  authority 
conferred  by  law,  and  bearing  the  seal  of  the  board,  shall  be  re- 
ceived as  evidence,  when  duly  certified  by  the  secretary  of  said 
board  under  its  seal,  with  the  same  force  and  efifect  as  the  original 
would,  in  law.  be  entitled  to.  if  produced  in  open  court. 
Takes  effect  Sect.  2.     This  act  shall  take  eiifect  upon  its  passage. 

on   passage. 

[Approved  March  14.  1913.] 


CHAPTER  30. 


AN  ACT  IN  AMENDMENT  OF  SECTIONS  27.  28  AND  29  OF  CHAPTER  233 
OP  THE  PUBLIC  STATUTES,  RELATING  TO  THE  LEVY  OF  EXECUTION 
UPON  REAL  ESTATE  NOT  ATTACHED. 


Section 

1.  Copy  of  execution,  etc..  with  register 

of   deeds. 

2.  Copy  to  be  filed  and  recorded. 


Section 

•3.     Fees  of  officer  and  register. 
4.     Takes  effect  on  passage. 


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

Copy  pf  execution.  SECTION  1.  Amend  scctiou  27  of  said  chapter  by  striking  out 
7'k^7T^  ""'^'"'"the  Avords  ''town  clerk  of  the  town  in  which  the  land  lies,  or,  if 
there  be  no  such  clerk,  Avith  the  clerk  of  the  supreme  court."  and 
by  inserting  in  place  thereof  the  words  register  of  deeds,  so  that 
said  section  as  amended  shall  read :  Sect.  27.  No  lien  upon  or 
right  in  real  estate,  upon  which  there  is  no  existing  lien  by  virtue 
of  an  attachment,  made  in  the  action  in  which  the  execution  issued, 


3913]  Chapter  31.  499 

shall  be  acquired  as  against  subsequent  purchasers  or  attaching 
creditors  without  notice,  by  the  levy  of  an  execution  upon  it,  or 
by  the  beginning  of  such  levy,  until  the  officer  making  the  levy 
shall  leave  -vvitli  the  register  of  deeds  for  the  county,  an  attested 
copy  of  the  execution,  Avith  the  return  thereon  that  he  has  begun 
such  levy,  and  of  the  steps  already  taken,  or  until  the  levy  has 
been  completed  and  a  record  thereof  has  been  made  in  the  registry 
of  deeds  as  required  by  law. 

Sect.  2.     Amend  section  28  of  said  chapter  by  striking  out  the  Copy  to  be  filed 
words   "town   clerk"    and   inserting   in   place   thereof   the   words ''° 
register  of  deeds,  so  that  said  section  as  amended  shall  read :  Sect. 

28.  The  register  of  deeds  shall  certify  upon  each  copy  the  time 
when  it  was  received,  and  shall  keep  it  on  file.  He  shall  also  enter 
a  record  of  it  upon  the  index  of  attachments,  the  same  as  in  the 
case  of  attacliments  of  real  estate  upon  writs  of  attachment,  with 
the  exception  that  the  record  shall  state  that  the  writ  is  a  writ  of 
execution. 

Sect.  3.     Amend  section  29  of  said  chapter  by  striking  out  the  Fees, 
words  "town   clerk,"   and   inserting  in  place  thereof  the  words 
register  of  deeds,  so  that  said  section  as  amended  shall  read :    Sect. 

29.  The  officers  so  making  a  levy  shall  pay  to  the  register  of 
deeds  twenty  cents  for  his  fees,  and  shall  be  entitled  to  the  same 
fees  for  travel  and  copy  as  in  ease  of  an  [the]  attachment  of  real 
estate,  all  of  which  shall  be  returned  upon  the  execution. 

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

'  1  o  on   passage. 

[Approved  IMarch  14.  4913.] 


CHAPTER  31. 


AN   ACT   IN  AMENDMENT   OF   SECTION   4,    CHAPTER   254   OF   THE  PUBLIC 
STATUTES,  RELATING  TO  ARRAIGNMENT  AND  TRIAL  OF  MINORS.  ' 

Section  '  [    Section 

1.      Counsel     for    minors,     etc..     charged  2.      Takes  effect  on  passage, 

with    crime.  j 

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

Section  1.     That  section  4,  chapter  254  of  the  Public  Statutes.  Counsel  for 

1  TTi  •^   •  1  -ICC-  ^  f    •  ^         n  t         minors,     etc., 

be  amended  by  striking  out  the  word      sixteen      in  the  first  line  charged  with 
thereof  and  inserting  in  place  thereof  the  word  seventeen,  so  that  ^'"'"^■ 
said  section  as  amended  shall  read  as  follows :    Sect.  4.     No  minor 
under  the  age  of  seventeen  years,  or  person  supposed  to  be  of 


500  Chapter  32.  [1913 

unsound  mind,  shall  be  permitted  to  plead  guilty  or  shall  be 
put  upon  his  trial  until  counsel  have  been  appointed  to  advise 
him  and  conduct  his  defense.  If  such  person  is  poor,  witnesses 
may,  on  motion  of  his  counsel,  be  summoned  in  his  behalf  at  the 
expense  of  the  county. 
Takes  effect  Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

on   passage. 

[Ai)proved  ]\Iarch  14.  ]S}13.] 


CHAPTER  32. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  55,  SECTION  3,  SESSION  LAWS  OF 
1899,    RELATING    TO    LICENSING    PLUMBERS. 

Section  I    Section 

1.      Board    to     examine    plumbers,     how  2.      Takes  effect   on  passage, 

constituted.  ) 

Be   it   enacted   hi/   tJie   Senate   a  net  House   of  Representedives  in 
General  Court  convened: 

Board  to  examine  SECTION  1.  Scctiou  3  of  chapter  55  of  the  LaWS  of  1899  is  here- 
constituted,  by  amended  by  striking  out  the  word  "journeyman''  in  the  last 
sentence  of  said  section,  so  that  the  latter  portion  of  said  section 
shall  read :  Said  board  shall  be  ajipointed  by  the  mayor  or  board 
of  selectmen,  and  shall  consist  of  the  following  three  persons :  A 
member  of  the  local  board  of  health,  the  city  or  town  engineer, 
or,  in  the  absence  of  such  officer,  a  local  physician  in  regular  prac- 
tice, and  a  plumber  of  not  less  than  five  years'  active  and  con- 
tinuous practical  experience. 
Takes  effect  Sect.  2.     This  act  shall  take  effect  on  its  passage. 

on   passage. 

[Approved  March  14.  1913.] 


1913]  Chapters  33,  34.  501 

CHAPTER  33. 

AN  ACT  TO  CHANGE  THE  NAME  OF  HIT  TIT  OR  HITTY  TITTY  POND  IN  THE 
TOWNS  OF  SALEM   AND  WINDHAM. 

Section  I    Section 

1.      Xame   chnnsred   to    Shadow   lake.  '         2.      Takes  effect  on  passage. 

Be   it   enacted   by   the  Senate   anel  Honsr   of  Representatives  in 
General  Court  eonvened: 

Section  1.     That  the  name  of  Hit  Tit  or  Hitty  Titty  pond  in  Name  changed. 
the  towns  of  SahMu  and  Windham  is  hereby  changed  to.  and  the 
same  shall  be  hereafter  known  and  called  Shadow  lake. 

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


Takes  effect 
on    passage. 


[Approved  March  14.  1913.] 


CHAPTER  34 


AN  ACT  TO  AMEND  CHAPTER  140,  SECTION  1.  LAWS  OF  1907.  RELATIVE 
TO  UNIFORMS  AND  EQUIPMENTS  FOR  COMMISSIONED  OFFICERS  OF  THE 
NEW  HAMPSHIRE  NATIONAL  GUARD. 

Section    1.      Annual   uniform   allowance   to     militia    officers;    takes    effect    on    passage. 

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

Section  1.     Chapter  140.  section  1  of  the  Laws  of  1907  is  hereby  i'"ifo';m    aUoysr- 

'  _  ^  ance    to    militia 

amended  by  striking  ont  the  following  words:  '^  Provided  that  no  officers:  takes 
allowance  shall  be  made  to  any  commissioned  officer  who  has  not 
held  a  commission  six  months,"  so  that  the  section  shall  now  read 
as  follows:  [Section  1.]  That  the  sum  of  twenty-tive  dollars  be 
and  hereby  is  annually  appropriated  and  allowed  to  each  com- 
missioned officer  of  the  New  Hampshire  National  Guard,  payable 
on  the  first  day  of  June  each  year, — the  same  to  be  used  exclusively 
for  purchase  and  repair  of  uniforms  and  equipments,  by  such 
officers.    This  act  shall  take  effect  upon  its  passage. 

[Approved  March  14.  1913.] 


502  Chapter  35.  [1913 

CHAPTER  35. 

AN  ACT  TO  AMEXD  SECTION  52  OF  CHAPTER  102.  LAWS  OF  1909.  EN- 
TITLED "aK  act  TO  REVISE  AND  AMEND  CHAPTER  59,  OF  THE  LAWS 
OF  1895.  RELATING  TO  THE  MILITIA." 


Section 

1.      Staff  departments  and  officers  of  the 
militia. 


Sectiox 

2.      Repealing  clause;   a:t  takes  effect  on 
passage. 


Be    it   enacted   hy    the   Se)ieite   one]   Hrjuse   of  Representatives   in 
General  Court   convened: 

and^office^.^""^"'"  SECTION  1.  That  sectioii  52.  chapter  102,  Laws  of  1909.  is  hereby 
amended  by  striking  out  the  grade  brigadier-general  in  the  in- 
spector-general's department,  judge-advocate  general's  department 
and  medical  department ;  one  major  in  the  medical  department ; 
and  one  captain  in  the  ordnance  department ;  and  consolidating  the- 
quartermaster's,  subsistence  and  pay  departments  into  one  depart- 
ment, designated  a  quartermaster's  corps,  consisting  of  the  adju- 
tant general  of  the  state,  ex-officio  quartermaster-general :  one 
quartermaster,  major;  and  two  quartermasters,  captains.  Pro- 
vided that  no  officer  now  in  the  service  shall  be  mustered  out  in 
consequence  of  this  act.  The  section  as  amended  to  read  as  follows : 
[Sect.  52.]  There  shall  be  the  following  departments,  consisting 
of  officers  of  number  and  rank  hereinafter  specified,  necessary  for 
the  staff  of  the  brigade,  and  for  duty  with  the  several  organizations 
of  the  New  Hampshire  National  Guard,  as  follows:  An  adjutant- 
general's  department,  consisting  of  one  adjutant-general,  brigadier- 
general,  who  shall  be  the  adjutant-general  of  the  state ;  and  one 
adjutant-general,  major.  An  inspector-general's  department,  con- 
sisting of  one  inspector-general,  major.  A  judge-advocate  general's 
department,  consisting  of  one  judge-advocate  general,  major.  A 
quartermaster's  corps,  consisting  of  the  adjutant-general  of  the 
state,  ex-officio  quartermaster-general ;  one  quartermaster,  major ; 
and  two  quartermasters,  captains.  A  medical  department,  con- 
sisting of  one  surgeon-general,  major ;  one  surgeon,  major :  and  six 
assistant  surgeons,  caj)tains  or  first  lieutenants ;  and  the  hospital 
corps.  Lieutenants  to  be  promoted  to  captain  after  three  years' 
service,  upon  passing  the  required  examination.  An  ordnance  de- 
X^artment,  consisting  of  the  adjutant-general  of  the  state  ex-officio, 
acting  chief  of  ordnance;  one  major  and  one  captain,  who  shall 
act  as  inspectors  of  small  arms  practice.  A  signal  corps,  consisting 
of  one  first  lieutenant,  one  first-class  sergeant,  one  sergeant,  two 
corporals  and  ten  first-class  privates  or  privates. 
Repealing  clause;  Sect.  2.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are 
on  passTge^^^"*     hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  March  14.  1913.] 


19131 


Chapters  36,  37. 


503 


CHAPTER  36. 

AN  ACT  TO  AMEND  CHAPTER  55,  SECTION  7.  PARAGRAPHS  8  AND  9  OF 
THE  PUBLIC  STATUTES,  RELATING  TO  TAXATION  OF  HORSES  AND 
CATTLE. 


Section 

1.      Horses,  asses,  mules,   and  neat  stock, 
when   taxable. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.     Amend  chapter  55,  section  7,  paragraphs  8  and  9,  Horses,  asses, 

^  ?  J  1  nmles,    and    neat 

of  the  Public  Statutes,  by  striking  out  the  word  ' '  eighteen      and  stock,    when 
substituting  therefoi-  the  word  twenty-four,  so  that  said  paragraphs 
as  amended  shall  read  as  follows :     Horses,  asses,  and  mules  over 
twenty-four  months  old.     Oxen,  cows  and  other  neat  stock  over 
twenty-four  months  old. 

Sect.  2:     This  act  shall  take  effect  on  its  passage.  '^^^ilf^^tV 

[Approved  Mareli  19,  1913.] 


CHAPTER  37. 


AN  ACT  REPEALING  CHAPTER  22,  LAWS  OF  1903.  AND  IN  AMENDMENT 
OF  CHAPTER  150,  SECTION  4,  OF  THE  PUBLIC  STATUTES,  RELATING 
TO  THE  ISSUANCE  OF  BONDS,  NOTES  AND  OTHER  EVIDENCES  OF  IN- 
DEBTEDNESS, BY  RAILROAD  CORPORATIONS  AND  PUBLIC   UTILITIES. 


Skction 

1.  Prior    act    repealed. 

2,  Certain    bonds,    etc.,    not    invalid    be- 

cause sold  at  less  than  par. 


Section 

3.  Such   securities  not   subject   to  statu- 

tory debt  limit. 

4.  Takes  effect  on  passage. 


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


Section  1.     Chapter  22,  Laws  of  1903,  "An  Act  relating  [rela- P"oi-,  fct 

.  repealed. 

tive]  to  the  Issue  of  Bonds,  Coupon  Notes  and  Other  Evidences  of 
Indebtedness  of  Street  Railways  or  Other  Railroad  Companies," 
is  hereby  repealed. 

Sect.  2.     No  bond  or  note  of  any  railroad  corporation  or  public  Certain  bonds, 
utility,  issued  in  accordance  with  an  order  of  the  public  service  because  sold  at 
commission  authorizing  the  same  to  be  issued,  shall  be  held  to  be  ^^^^  ^^^^  ^*'"" 


504 


Chapters  38,  39. 


1913 


Xot    subject    to 
St  a  tutor  J-    debt 
limit. 


Takes   effect 
on   passage. 


invalid  by  reason  of  having  been  negotiated  or  sold  by  such  rail- 
road corporation  or  public  utility  at  less  than  par. 

Sect.  3.  The  prohibition  of  section  4  of  chapter  150  of  the 
Public  Statutes  shall  not  apply  to  bonds  or  notes  of  a  railroad 
corporation  or  public  utility  issued  by  authority  of  the  public 
service  commission. 

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

[Approved  March  19.  1913.] 


CHAPTER  38. 

AX    ACT   PROVIDING   FOR    THE   BI-WEEKLY   PAYMENT   OF    ALL    STATE    EM- 
PLOYEES,  EXCEPT   SALARIED   OFFICERS. 

Section  Sectiox 

1.      Certain    employees    to    receive    wages  2.      Repealing  clause;   act  takes  effect  on 

bi-weekly.  passage. 

Be    it   cnacicd   bij    iln    Senate   and   House   ejf  Represoitatives    in 
General  Court  eonvened: 

To  be  paid  SECTION  1.     All  pcrsoiis  performing  regular  work  in  the  service 

bi-weekly.  ^  ^  ^  o        o 

of  the  State  of  New  Hampshire  who  are  not  under  salary  shall 
receive  their  wages  in  bi-weekly  payments. 
Repealing  clause;      Sect.  2.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are 

act  takes  effect      ^  ^ 

on  passage.  hereby  repealed,  and  this  act  shall  take  eft'ect  upon  its  passage. 

[Approved  March  19,  1913.] 


CHAPTER  39. 


AX  ACT  TO  AMEND  SECTION  11.  CHAPTER  1  /3  OF  THE  PUBLIC  STATUTES, 
RELATING  TO  THE  REGISTRATION  OF  BIRTHS,  MARRIAGES  AND  DEATHS. 

Section'    1.      Neglect    of    imposed   duty  as  to  vital  statistics,  penalty. 

Be    it    enacteel    hj/    the   Senate    and   House    of   Reprrsentatives  .in 
General  Court  eonveneel : 


Neglect  of  duty, 
jienalty. 


Section  1.     Chapter  173  of  the  Public  Statutes  relating  to  the 
registration  of  births,  marriages,  and  deaths  is  hereby  amended  by 


1913]  Chapter  40.  505 

striking  out  the  whole  of  section  11.  and  inserting  in  the  place 
thereof  the  following:  Sect.  11.  Any  person  who  shall  neglect 
or  refuse  to  perform  a  duty  imposed  upon  him  by  the  provisions 
of  this  chapter,  shall  be  fined  not  exceeding  fifty  dollars  for  each 
offense,  for  the  use  of  the  town  in  which  the  offense  was  com- 
mitted, and  it  shall  be  the  duty  of  the  registrar  of  vital  statistics 
to  enforce  this  section. 

[Approved  March  19.  1913.] 


CHAPTER  40. 


AN  ACT  TO  AMEND  SECTIONS  2  AND  7  OF  CHAPTER  153.  LAWS  OF   1909, 
RELATING    TO    DIRECT    PRIMARIES. 


Section"  ■  I   Section" 


1.  Ward   clerks   to   be   nominated    at   di- 

rect primaries. 

2.  Declaration  of  candidacy. 

?,.      Fee  to  be  paid  by  candidates. 


4.  Fee  for  recount. 

5.  Repealing  clause;   act  takes  effect  on 

passage. 


Be  if   enacted   hy   ihe   Seiiofe   and  House   of  Representatives   in 
General  Court  convened : 

Section  1.  Amend  said  section  two  by  adding  after  the  word  Ward  clerks  to 
"check-list"  in  tlie  third  line  the  words  and  ward  clerks  in  cities  direct  primaries. 
so  that  said  section,  as  amended,  shall  read:  Sect.  2.  (1).  This 
act  shall  not  apply  to  special  elections  to  fill  vacancies,  nor  to  city, 
town,  and  school  district  elections  except  as  to  elections  of  modera- 
tor and  supervisors  of  the  check-list,  and  ward  clerks  in  cities,  who 
shall  be  elected  at  each  biennial  election.  (2).  Moderators  and 
other  election  officers,  if  any,  chosen  at  elections  other  than  the 
regular  biennial  election,  shall  be  considered  ^regular  election 
officers  within  the  meaning  of  this  act.  for  the  biennial  election 
of  1910. 

Sect.  2.  Amend  paragraph  (b)  of  division  (2)  of  section  6  by  Declaration 
adding  tlie  words  ward  clerk  after  the  words  "supervisors  of  °  '^^^  '  ^''^' 
the  check-list.''  so  that  said  paragraph  as  amended  shall  read  as 
follows:  (b)  For  members  of  the  house  of  representatives,  mod- 
erator, supervisors  of  the  checklist,  ward  clerk  and  delegates  to 
state  conventions,  with  the  clerk  of  tlie  city  or  town  within  which 
sucli  officers  are  to  be  voted  for. 

Sect.  3.     Amend  said  section  7  by  adding  thereto  the  words  (10)  Fee  to  be  paid. 
For  ward  clerk,  one  dollar,  so  that  said  section,  as  amended,  shall 
read  as  follows:     Sect.  7.       At  the  time  of  filing  declarations  of 
candidacy  each  candidate,  or  some  pei'son  for  him.  shall  pay  to  the 


506  Chapter  41  [1913 

officer  with  whom  the  same  are  filed  the  following  fees :  ( 1 )  For 
governor,  one  hundred  dollars;  (2)  for  any  state  officer,  other 
than  governor,  to  be  voted  for  throughout  the  state,  fifty  dollars; 
(3)  for  representative  in  congress,  fifty  dollars;  (4)  for  councilor, 
twenty-five  dollars;  (5)  for  state  senator,  ten  dollars;  (6)  for 
county  officer,  five  dollars ;  ( 7 )  for  member  of  the  house  of  repre- 
sentatives, two  dollars;  (8)  for  supervisor  of  the  check-list,  one 
dollar;  (9)  for  moderator,  one  dollar;  (10)  for  ward  clerk,  one 
dollar. 
Fee  for  recount.  Sect.  4.  Amend  divisiou  (4)  of  section  14  by  adding  at  the 
end  thereof  the  following:  (i)  If  a  candidate  for  ward  clerk,  five 
dollars,  so  that  said  division  of  said  section  as  amended  shall  read 
as  follows:  Sect.  14.  (4)  No  candidate,  however,  shall  be  en- 
titled to.  a  recount  unless  he  shall  pay  to  the  secretary  of  state  at- 
the  time  of  filing  his  application  fees  as  follows:  (a)  If  a  candi- 
date for  governor,  or  other  officer  voted  for  throughout  the  state, 
one  hundred  dollars;  (b)  if  a  candidate  for  member  of  congress, 
fifty  dollars;  (c)  if  a  candidate  for  councilor,  twenty-five  dollars; 
(d)  if  a  candidate  for  a  county  office,  ten  dollars;  (e)  if  a  candi- 
date for  state  senator,  ten  dollars;  (f)  if  a  candidate  for  member 
of  the  house  of  representatives,  five  dollars;  (g)  if  a  candidate  for 
supervisor  of  the  check-list,  five  dollars;  (h)  if  a  candidate  for 
moderator,  five  dollars;  (i)  if  a  candidate  for  ward  clerk,  five 
dollars. 
Repealing  clause;  Sect.  5.  All  acts  or  parts  of  acts  inconsistent  with  this  act 
on  pass^age^.  ^"^      are  hereby  repealed  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  March  19.  1913.] 


CHAPTER  41. 


AX  ACT  MAKIXG  APPROPRIATIONS  FOR  THE  EXPENSES  OF  THE  STATE  OF 
NEW  HAMPSHIRE  FOR  THE  YEAR  ENDING  AUGUST  31,  1914. 

Section  I    Sectiox 

1.      Appropriations   for   sundry  purposes.     '         2.      Takes    effect    June    1,    1913. 

Be   it   enacted   hij   the  Senate   and   Hom^r    of   Representatives   in 
General  Court  convened: 

Section  1.  The  sums  hereinafter  mentioned  are  appropriated, 
to  be  paid  out  of  the  treasury  of  the  state,  for  the  purposes  speci- 
fied, for  the  fiscal  year  ending  on  the  tliirty-first  day  of  August, 
nineteen  hundred  and  fourteen,  to  wit : — 


1913]  Chapter  41.  507 

For  the  executive  department,  $36,300.  as  follows :  For  salary  Executive. 
of  governor,  $3,000;  for  salary  of  governor's  secretary,  $800;  for 
honorable  council  per  diem  and  expenses,  $5,000 ;  for  contingent 
fund,  $1,500;  transportation,  $600;  incidentals,  $150;  printing 
blanks,  $250 ;  emergency  fund  for  protection  of  interests  of  state, 
$25,000. 

For  the  secretary  of  state  department,  $20,400,  as  follows :  For  Secretary  of  state. 
salary  of  secretary,  $4,000;  for  salary  of  deputy  secretary,  $1,500; 
for  clerical  expenses,  $800;  for  incidentals,  $400;  for  printing 
blanks,  $250 ;  printing  report,  $500 ;  for  express,  $650 ;  for  postage, 
$350 ;  for  indexing  Province  Records,  $1,600 ;  for  Australian  ballot, 
$100;  for  direct  primary,  $200;  for  purchase  N.  H.  Law^  Reports, 
$1,050 ;  for  automobile  expenses,  $9,000. 

For   treasury   department,    $6,750,    as   follows :      For   salary   of  state   treasury, 
the  treasurer,  $2,500;  salary  of  deputy  treasurer,  $1,500;  clerical 
expenses,    $1,000;    compiling    statistics,    $200;    incidentals,    $500; 
printing  blanks,  $250;  for  printing  report.  $450;  for  treasurer's 
and  deputy's  bonds,  $350. 

For  treasury  department,  expenses  legacy  tax  law,  $7,000,  as  Legacy  tax 
follows :     For  salary  of  attorney  in  charge,  $2,500 ;  salaries  of  as-  ^^^P^'-t'^e'^t- 
sistants,  $1,500;  for  copies  of  wills  and  records.  $1,450;  office  sup- 
plies  and   incidentals,   $500 ;   for   printing   and   stationery,    $200 ; 
travel  and  expenses  of  litigation,  $850. 

Auditor's  department,  $5,450,  as  follows:    For  salary  of  auditor,  state  auditor. 
$3,000;  clerical  expenses,  $1,350;  incidentals,  $400;  printing  report 
and  blanks.  $400 ;  for  office  equipment,  $300. 

For  insurance  department,   $6,800,   as   follows:     For  salary  of  insurance 
commissioner,   $2,000;   clerical   expenses,   $1,600;   for   incidentals,   °  ^'ssione  . 
$1,000 :  printing  blanks,  $700 ;  for  printing  report,  $1,500. 

For  bank  commission,  $11,500,  as  follows :     For  salary  of  com-  Bank  com- 
missioners, $7,500;  clerical  expenses,  $1,000;  for  expenses  of  com- 
missioners,   $1,200;    incidentals,    $500;    for    printing    report    and 
blanks.  $1,300. 

Public  printing  commission,  $2,750,  as  follows :     For  clerical  ex-  Printing 

.  .  „  commission. 

penses,  $600 ;  incidentals,  $100 ;  printing  blanks,  $50 ;  purchase  of 
paper  stock,  $2,000. 

For  department  of  indexing,  for  salaries,  $1,000.  indexing. 

For  expense  of  legislature,  $500.  Legislative 

^  °  '    *^  _       expenses. 

For  state  house  department,  $15,200.  as  follows :     For  salaries  state  house, 
and  pay-roll.  $6,500 ;  for  fuel,  $2,500 ;  for  light  and  power.  $2,500 : 
for  water,  $200 ;  for  miscellaneous,  viz.,  repairs,  furniture  and  in- 
cidentals, $2,000 ;  for  telephone,  switch-board  and  operator,  $1,500. 

For  supreme  court  department,  $24,430.  as  follows:     For  sal- Supreme  court. 
aries  of  justices,  $20,200 ;  for  salary  of  clerk,  $500 ;  salary  of  mes- 
senger, $200;  salary  of  state  reporter,  $1,800;  for  justices'  expenses, 
$700;   transportation,    $100;    for   examination   of   students,    $350; 
incidentals,  $550 ;  for  transportation  of  state  reporter,  $30. 


508 


Chapter  41. 


1913 


Superior   court. 


Attorney-general. 


Probate  courts. 


Public 
instruction. 


Interest;    charges 
and  maturing 
bonds. 


De.if.  dumb, 
and   blind. 


Htat*    library. 


Soldiers'   home. 

Prisoners'   Aid 
association. 

Public    service 
commission. 


Ta.x  commibsjon. 


county, 
deputy 
deputy 
eountv. 


register,  $600. 
register,    $600. 
register,  $800. 
register,   $600. 


For  superior  court  department,  $22,850,  as  follows:  For 
salaries  of  justices,  $20,200;  justices'  expenses,  $2,000;  for  inci- 
dentals, $250;  for  transportation,  $400. 

Attorney-general's  department,  $7,850,  as  follows:  For  salary 
of  attorney-general,  $3,000;  clerical  expenses,  $1,500;  expenses  of 
attorney-general,  $400;  incidentals,  $1,500;  printing  blanks,  $100; 
enforcement  of  liquor  laws,  $500 ;  employment  of  counsel,  $850. 

Probate  court  department,  salaries  of  judges,  $9,900,  as  fol- 
lows: Rockingham  county,  $1,200;  Strafford  county,  $800;  Bel- 
knap county.  $600;  Carroll  county,  $700;  Merrimack  county,  $1,- 
200 ;  Hillsborough  county,  $2,000 ;  Cheshire  county,  $900 ;  Sullivan 
county,  $600;  Grafton  county,  $1,000;  Coos  county,  $900.  Salaries 
of  registers  of  probate  and  deputies,  $11,100,  as  follows:  Rock- 
ingham county,  $1,200,  for  register;  for  deputy,  $500.  Strafford 
county,  register,  $1,000.     Belknap  county,  register,  $600.     Carroll 

Merrimack  county,  register,  $1,200 ;  and 
Hillsborough    county,    register,    $1,500; 
Cheshire  county,  register,  $600.     Sullivan 
Grafton   county,   register,   $1,000.      Coos 
county,  register,  $900. 

Public  instruction  department,  $13,500,  as  follows :  Salary  of 
superintendent,  payable  monthly,  $3.000 ;  salaries  of  clerks,  $2,500 ; 
truant  officer,  attendance,  $1,000;  incidentals,  $1,400;  printing 
blanks,  $1,000;  child  labor  act,  salaries,  $2,400;  travel  and  print- 
ing, $2,200.  Support  and  encouragement  of  common  schools,  $95,- 
100.  (Unexpended  balance  of  previous  years  to  be  carried  for- 
ward.) 

Interest  charges  and  maturing  bonds.  $67,471.47,  as  follows : 
For  Fiske  legacy,  $1,055.14;  for  Kimball  legacy,  $270.14;  Agricul- 
tural College  fund,  $4,800;  Hamilton  Smith  fund,  $400;  Teachers' 
Institute  fund,  $2,383.92;  Benjamin  Thompson  fund,  $31,887.27; 
temporary  loans,  $2,500 ;  State  Hospital  loan,  $12,425 ;  maturing 
loan — hospital  issue,  $10,000;  sanatorium  loan,  $1,750. 

Deaf,  dumb  and  blind  department,  $16,150,  as  follows:  For  sup- 
port and  education,  $16,000;  Granite  State  Deaf  Mute  Mission, 
$150. 

State  library  department,  $18,020.  as  follows:  Salaries,  $6,360; 
maintenance  and  operation.  $3,250 ;  maintenance  of  library,  $2,260 ; 
books,  periodicals,  and  binding,  $6,000;  expenses  of  trustees,  $150. 

Soldiers'  home,  for  maintenance,  $15,000. 

Prisoners'  Aid  association,  $25. 

For  public  service  commission  department.  $21,200,  as  follows: 
For  salaries,  $9,700;  for  clerks,  experts  and  assistants,  $7,500; 
expenses  of  commissioners,  $1,000;  incidentals  and  printing, 
$3,000. 

For  tax  commission  department.  $13,500,  as  follows:     For  sal- 


]9]3]  Chapter  41.  509 

aries.  .$8,000;  ckn-ical  expenses.  $1,000;  expenses  of  commissioners, 
$1,000;  incidentals  and  printing,  $3,000;  printing  report,  $500. 

For  normal  school.  Plymonth,  $26,500,  as  follows:  For  salaries,  Normal  schools. 
$20,250;  maintenance  and  operation,  $5,000;  incidentals,  $1,000; 
printing  report,  $50;  trustees'  expenses,  $200.  For  Normal  School, 
Keene,  $19,000.  as  follows:  For  salaries.  $13,300;  maintenance  and 
operation,  $4,700;  incidentals,  $800;  printing  report,  $50;  trus- 
tees' expenses,  $150. 

For  New  Hampshire  College  of  Agriculture.  $3,000,  as  follows :  Coiiege  of 
For  free  tuition  to  New  Hampshire  students,  $3,000.  Agriculture. 

For  state  board  of  charities  and  correction  department,  $3,760,  Board  of 
as  follows :    Salary  of  secretary,  $1,800 ;  for  clerical  expenses,  $800 ;  LvrectZn.'^ 
for  incidentals,   $400;  traveling  expenses,  $700;   printing  blanks, 
$60. 

For  commissioners  of  lunacy  department,  $800,  as  follows :     For  Lunacy 
clerical  expenses,  $500 ;  incidentals,  $200 ;  printing  blanks,  $100.      ''°'^°^'s«'°"- 

For  state  hospital  department,  $225,000,  as  follows :     For  the  state  hospital. 
support  of  the  indigent,  convict,  twenty-year  patients  and  depend- 
ent insane,  including  salaries  and  wages  of  officers  and  employees, 
and  library,  $225,000. 

For    industrial    school    department,    $45,000,    as    follows :      For  industrial   school. 
salaries.  $17,000;  clerical  expenses,  $1,000;  for  maintenance,  $27,- 
000. 

For  state  prison  department,  $9,500,  as  follows :     For  salary  of  state  prison. 
warden,  $2,000;  salary  of  chaplain,  $1,000;  salary  of  physician, 
$500 ;  salary  of  parole  officer,  $200 ;  expenses  of  parole  officer,  $100 ; 
for  library,  $200 ;  for  special  repairs,  $2.500 ;  running  expenses, 
$3,000. 

For  New  Hampshire  school  for  feeble-minded  children,  $35,100,  School  for 

„     ,  .  -,,-,/-,  feebleminded. 

as  lollows :    For  maintenance,  $35,100. 

For  New  Hampsliire  state  sanatorium.  $22,000,  as  follows:     For  state 

•     ,  ^^^  ,^/^/-i  sanatorium. 

maintenance.  $22,000. 

For  bureau  of  labor  department,  $4,600.  as  follows:     For  salary  Bureau  of  labor. 
of  commissioner.  $1,600;  salaries  of  clerks  and  assistants,  $1,000; 
expenses  of  arbitration,  $500;  incidentals  and  travel,  $1,000;  print- 
ing blanks.  $200 ;  printing  report,  $300. 

Board    of    agriculture    department.    $17,200,    as    follows:      For  Board  of 

,  p  ^  affnculture. 

salary  or  secretar.y,  $1,500;  clerical  expenses,  $1,000;  for  inci- 
dentals, $250 ;  expenses  of  members,  $300 ;  printing  blanks,  $50 ;  in- 
stitutes and  public  meetings,  $2,000:  for  feeding  stuffs  inspection, 
$3,500 ;  for  fertilizer  inspection,  $2,500 ;  nursery  inspection.  $600 ; 
seed  inspection,  $500;  for  Summer  Homes  publication,  $3,000; 
Granite  State  Dairymen's  Association.  $1,000;  Horticultural  So- 
ciety, expenses,  $1,000. 

For   cattle   commission   department,    $18,000,    as   follows:      For  Cattie  commission. 
animals  destroyed,  $10,000;  inspection,  disinfection  and  appraisal. 


510 


Chapter  41. 


ri913 


Board    of    health 
laboratory    of 
hygiene;     vital 
statistics. 


Pharmacy 
commission. 


Dentistry    board. 


Optometry     board. 


Steamboat 
inspection. 


Medical    referees. 


Adjutant- 
general. 


Military 
organizations. 


Bounty  on 
hedgehogs. 
Bounty     on    bears 
and    grasshoppers. 
Lights  and  buoys. 


Firemen's 
relief    fund. 
Fish    and    game 
commission. 


Moth    suppression, 
G.   A.   R. 


Historical  societ\ 


$3,500;  services  and  expenses  of  board.  $1,500:  for  possible  ex- 
penses of  epidemic,  $3,000. 

For  board  of  health  department.  $11,250,  as  follows:  For  sal- 
ary of  secretary,  $2,500 ;  salary  of  clerk,  $500 ;  for  incidentals, 
$450 ;  printing  blank^,  $300 ;  for  epidemic  fund,  $5,000 ;  for  sanitary 
inspection,  $2,500.  For  laboratory  of  hygiene,  $6,400,  as  follows: 
For  salaries  of  two  chemists,  $3,000 ;  salaries  of  two  bacteriologists, 
$1,800;  incidentals,  $1,200;  printing  blanks  and  bulletins,  $400. 
For  vital  statistics  department.  $1,750.  as  follows:  For  clerical  ex- 
penses and  incidentals,  $1,750. 

For  commission  of  pharmacy  department.  $1,440,  as  follows:  For 
compensation.  $375 ;  incidentals  and  running  expenses.  $700 ;  for 
printing  blanks.  $35 ;  printing  report,  $30 ;  for  enforcement  of 
law,  $300. 

For  New  Hampshire  board  of  registration  in  dentistry.  $470, 
as  follows:  For  compensation.  $220:  transportation  and  expenses, 
$125;  incidentals,  $115;  printing  report,  $10. 

For  optometry  board  department,  $275,  as  follows :  For  com- 
pensation and  expenses.  $150;  printing.  $100;  for  postage,  $25. 

For  steamboat"  inspection  department.  $150.  for  steamboat  in- 
spection. 

For  medical  referees.  $50. 

For  adjutant-general's  department.  $67,325,  as  follows:  For 
salary  of  adjutant-general,  $1,500;  clerical  expenses,  $1,000;  for 
incidentals,  $900 :  printing  blanks.  $700 ;  rifle  ranges,  $3,650 ;  for 
officers'  uniforms,  $2,650;  for  state  armories.  Concord,  Manchester 
and  Nashua,  $7.000 ;  National  Guard,  $49,925.  So  much  of  the  ap- 
propriation as  is  necessary  to  pay  the  expenses  of  the  annual  en- 
campment is  available  June  1.  1913. 

For  military  organizations,  $300,  as  follows :  For  Amoskeag 
Veterans,  $100;  Manchester  War  Veterans,  $100;  for  Lafayette 
Artillery  Company,  $100. 

For  bounty  on  hedgehogs,  $6,500. 

For  bounty  on  bears  and  grasshoppers,  $500. 

For  lights  and  buoys  department,  $1,915,  as  follows :  For  Winni- 
pesaukee  lake,  $1,100;  Sunapee  lake,  $400;  for  Squam  lake,  $300; 
Winnisquam  lake.  $65 ;  Endicott  Rock.  $50. 

Firemen's  relief  fund,  $2,000. 

For  fish  and  game  commission  department,  $18,450,  as  follows: 
For  salaries  of  commissioners,  $2,600 ;  general  expenses,  $7,000 ; 
for  jjersonal  expenses.  $1,200  :  for  detectives.  $7,000  ;  for  incidentals, 
$100 ;  for  transportation,  $250 ;  printing.  $300. 

For  suppression  of  moths,  $12,500. 

For  G.  A.  R.  department,  $1,850,  as  follows:  For  printing, 
$300 ;  for  burial  of  soldiers.  $1,500 ;  incidentals.  $50. 

For  New  Hampshire  Historical  society,  $500. 


19]3] 


Chapter  42. 


511 


For  forest  protection,  $27,100,  as  follows :  For  salary  of  forester,  Forest  protection. 
$2,500;  clerical  expenses,  $900;  traveling  expenses,  $1,000;  salaries 
and  expenses  of  four  district  chiefs.  $3,900 ;  incidentals  and  com- 
missioners'  expenses,  $1,500;  for  printing  blanks,  $800;  for  tire 
bills  to  towns,  $7,500;  for  nursery,  $500;  lookout  stations,  es- 
tablishment and  maintenance,  $5,000;  fire  wardens'  conference, 
$1,000;  for  prevention  of  fires,  $2,500. 

For  highway  department,  $250,000,  as  follows :     For  permanent  state  highways. 
improvement,  $125,000  (unexpended  balances  of  previous  years  to 
be  brought  forward)   and  automobile  fees,  estimated  at  $125,000, 
for  maintenance. 

For  state  historian,  $7,620,  as  follows :     For  salary  of  historian,  state  historian. 
$2,500 ;  clerical  expenses,  $1,300 ;  for  incidentals.  $400 ;  for  print- 
ing and  binding  publications.  $3,000 ;  printing  blanks.  $20 ;  copies 
of  records  in  England,  $400. 


Sect.  2.     This  act  shall  take  effect  on  June  1,  1913. 


[Approved  :\rarch  19,  1913.] 


Takes   effect 
June    1,    1913. 


CHAPTER  42. 


AX    ACT    PROVIDING    FOR     THE    REGULATION    OF    DOMESTIC    INSURANCE 

COMPANIES. 


Section 

1.  Stock  company,  minimum  capital  of; 

deposit   with    commissioner. 

2.  Mutual  company,  minimum  assets  of; 

deposit    with    commissioner. 

3.  Annual    statement    to    commissioner, 

requisites    of. 

4.  Commissioner   to    annually   determine 

value  of  each  policy;  additional  de- 
posit,   when  required. 

5.  Annual   certificate   of   commissioner. 

6.  Failure  to  make  deposit  or  file  state- 

ment,  procedure. 

7.  Examinations    by    commissioner. 

8.  If    assets    less    than    liabilities,    pro- 

cedure. 

Change   or   withdrawal   of    deposit. 

Examination    at    company's    request. 

Restraining    orders,     etc.,     how    pro- 
cured. 


9. 
10. 
11. 


Section 

12.  Retirement    from    business,    how    ef- 

fected. 

13.  Income    of    deposit    payable    to    com- 

pany. 

14.  Unauthorized   business,    penalty. 

15.  Penalties,   how  recoverable. 

16.  Investment  of  funds. 

17.  Ownership  of  realty  restricted. 

18.  Certain   realty   to   be   sold   within    ren 

years. 

19.  Transfer    and    reinsurance    of    risks. 

20.  Right  of  insured  to  chaaige  payee. 

21.  Assessment   companies,    etc.,    not   af- 

fected. 

22.  Agents   to   be   residents. 

23.  Voluntary    corporations    not    autlior- 

ized. 

24.  Takes  effect  on  passage. 


Be   if   enacted   hij    tin    Se)i<ite   anel  House   of  Representatives   in 
General  Court  eonveneel: 


Section  1.     Any  corporation  organized  under  New  Hampshire  stock  company, 

1         ,  1  Tin  •  .    ■      j^      ^•  P     ■  1         •  minimujn     capital 

Charter  and  engaged  wholly  or  in  part  in  the  hie  insurance  business  as  of;  deposit  with 
a  stock  company  shall  have  a  capital  stock  of  not  less  than  two  ''»™'"'ss'o°er. 


512  Chapter  42.  [1913 

hundred  thousand  dollars  paid  in,  which  shall  be  invested  as  pro- 
vided in  section  16  of  this  act;  one-half  of  such  capital  shall  be 
deposited  with  the  insurance  commissioner;  and  upon  said  deposit 
and  satisfactory  evidence  to  the  insurance  commissioner  that  the 
capital  stock  of  at  least  two  hundred  thousand  dollars  has  been 
paid  in  and  invested  as  herein  prescribed,  he  shall  issue  to  said  stock 
company  a  certificate  authorizing  it  to  do  business  as  such. 
Mutual  company,       Sect.  2.     Auy  such  corporatiou  organized  on  the  mutual  plan 

minimum   assets  .  j.  o  >-""      ^^xuii 

of;  deposit  with  shall  havc  assets  of  not  less  than  two  hundred  thousand  dollars, 
commissionei.  -which  shall  be  iuvcstcd  and  deposited  as  above  provided  for  the 
capital  of  stock  companies ;  and  upon  such  deposit  and  satisfactory 
evidence  to  the  insurance  commissioner  that  its  assets  amount  to 
at  least  two  hundred  thousand  dollars  and  have  been  invested  as 
above  prescribed,  he  shall  issue  to  such  mutual  company  a  certificate 
authorizing  it  to  do  business  as  such. 
Annual  statement      Sect.  3.     The  president  or  vice-president,  and  secretarv  or  actu- 

to    commissioner.  .  ^ 

ary,  or  a  majority  of  the  trustees  or  directors  of  every  life  in- 
surance company  organized  under  New  Hampshire  laws  or  cliarter 
shall,  annually,  on  the  first  day  of  January,  or  within  sixty  days 
thereafter,  prepare  under  oath  and  deposit  in  the  office  of  the 
insurance  commissioner,  a  statement  of  the  condition  of  such  com- 
pany on  the  31st  day  of  December  of  tlie  preceding  ye^r,  showing : 
First: — Name  and  Where  Located.  1.  The  names  of  the  officers. 
2.  The  amount  of  capital  stock.  3.  The  amount  of  capital  stock 
paid  in.  Second : — Assets.  1.  The  value  of  real  estate  owned  by 
such  company.  2.  The  amount  of  easli  on  hand.  3.  The  amount 
of  cash  deposited  in  bank  or  trust  companies,  giving  names  of 
bank  or  banks  or  trust  companies.  4.  The  amount  of  unreported 
and  deferred  premiums.  5.  The  amount  of  stocks  and  bonds  of  the 
United  States,  and  all  other  bonds,  giving  names  and  amounts, 
1  with  the  par  and  market  value  of  each  kind.     6.  The  amount  of 

loans  secured  by  first  mortgage  on  real  estate.  7.  The  amount  of 
all  other  bonds  and  loans,  and  how  secured,  with  the  rate  of  interest. 
8.  The  amount  of  premium  notes  on  policies  in  force.  9.  The 
amount  of  notes  given  for  unpaid  stock,  and  how  secured.  10.  The 
amount  of  interest  due  and  unpaid.  11.  All  other  assets.  Third: — 
Liabilities.  1.  The  amount  of  losses  due  and  unpaid.  2.  The 
amount  of  losses  adjusted  but  not  due.  3.  The  amount  of  losses 
unadjusted.  4.  The  amount  of  claims  for  losses  resisted.  5.  The 
amount  of  money  borrowed.  6.  The  amount  required  to  safely 
reinsure  all  outstanding  risks  according  to  the  American  Experi- 
ence Table  of  Mortality,  and  three  and  one-half  per  cent,  interest 
per  annum,  or  the  Actuaries'  Combined  Experience  Table  with- 
same  rate  of  interest.  Fourth: — Income  During  tlie  Year.  1.  The 
amount  of  cash  premiums  received.  2.  The  amount  of  premium 
notes  received.    3.  The  amount  of  interest  received  from  all  sources. 


1913]  Chapter  42.  513 

4.  The  amoiiut  received  from  all  other  sources.  Fifth: — Expendi- 
tures During  the  Year.  1.  The  amount  paid  for  losses.  2.  The 
amount  of  dividends  paid  to  policy-holders  and  to  stockholders. 
3.  The  amount  of  commissions  and  salaries  paid  to  agents.  4.  The 
amount  paid  to  officers  for  salaries.  5.  The  amount  paid  for  taxes. 
6.  The  amount  of  all  other  payments  and  expenditures.  Sixth : — ■ 
Miscellaneous.  1.  The  greatest  amount  insured  on  any  one  life. 
2.  The  amount  deposited  in  other  states  and  territories  as  security 
for  policyholders  therein,  stating  the  amount  in  each  state  or  ter- 
ritory. 3.  The  amount  of  premiums  received  in  this  state  during 
the  year.  4.  The  amount  paid  for  losses  in  this  state  during  the 
year.  5.  The  whole  number  of  policies  issued  during  the  year,  with 
the  amount  of  insurance  effected  thereby,  and  total  amount  of  in- 
surance at  risk.  The  insurance  commissioner  is  authorized  to 
amend  the  form  of  annual  statement,  and  to  propose  such  additional 
inquiries,  as  he  may  think  necessary  to  elicit  a  full  exhibit  of  the 
standing  of  such  companies. 

Sect.  4.  As  soon  as  practicable  after  the  filing  of  said  annual  Determiuation  of 
statement  the  insurance  commissioner  shall  proceed  to  ascertain  ditioua/ deposit! 
the  net  cash  value  of  each  policy  in  force  on  the  31st  day  of  ^^^'^  vevih-ed. 
December  immediately  preceding,  upon  the  basis  of  the  Ameri- 
can Experience  Table  of  Mortality  and  three  and  one-half  per  cent, 
interest,  or  Actuaries'  Combined  Experience  Table  of  Mortality 
and  like  interest.  For  the  purpose  of  making  such  valuation,  the 
insurance  commissioner  may  employ  a  competent  actuary,  who 
shall  be  paid  by  the  company  for  which  the  services  are  rendered ; 
but  nothing  herein  shall  prevent  any  company  from  making  said 
valuation  herein  contemplated,  which  may  be  received  by  the 
insurance  commissioner  upon  such  proof  as  he  may  determine. 
Upon  ascertaining  in  the  manner  above  provided,  the  net  cash 
value  of  all  policies  in  force  in  any  such  company,  the  insurance 
commissioner  shall  notify  said  company  of  the  amount  thereof, 
and  within  ninety  days  after  the  date  of  such  notification  the 
officers  of  such  company  shall  deposit  with  the  insurance  commis- 
sioner, for  the  security  and  benefit  of  its  policy-holders,  an  amount 
which,  together  with  the  sum  already  deposited  with  said  officer, 
shall  be  not  less  than  the  amount  of  such  ascertained  valuation 
of  all  policies  in  force  in  the  securities  described  in  section  16  of 
this  act,  or  in  certificates  of  deposit  in  any  solvent  bank  or  trust 
company.  But  no  such  company  shall  be  required  to  make  such 
deposit  until  the  cash  value  of  the  policies  in  force  as  ascertained 
by  the  insurance  commissioner  exceeds  the  amount  deposited  by 
said  company  under  section  1  hereof.  All  funds  and  securities 
deposited  with  the  insurance  commissioner  by  any  such  company 
under  the  provisions  of  this  act  shall  be  forthwith  delivered  by  him 
into  the  custody  of  the  state  treasurer,  who  shall  give  receipt  there- 


514  Chapter  42.  [1913 

for  and  thereafter  have  and  retain  the  custody  of  the  same ;  and 
such  funds  or  securities  shall  be  withdrawn  from  his  custody, 
subject  to  the  provisions  of  this  act.  upon  the  written  order  of  the 
insurance  commissioner  and  not  otherwise. 
Annual  certificate  Sect.  5.  On  receipt  of  the  deposit  and  statement  from  any  com- 
of  commissioner,  p^j^y^  gg  provided  in  the  preceding  sections,  Mdiich  shall  be  re- 
newed annually,  the  insurance  commissioner  shall  issue  a  certifi- 
cate setting  forth  the  corporate  name  of  the  company ;  its  principal 
office ;  that  it  has  fully  complied  with  the  provisions  of  this  act ; 
stating  the  amount  deposited,  and  the  net  cash  value  of  outstand- 
ing policies,  and  the  table  upon  which  same  is  computed,  and  that 
it  is  authorized  to  transact  the  business  of  life  insurance :  Pro- 
vided, that  any  such  certificate  shall  expire  on  the  31st  day  of 
March,  in  the  year  following  its  issue. 
Failure  to  make  Sect.  6.  Upou  the  failure  of  any  company  organized  or  doing 
stTtemlnt!  ^  busiucss  under  this  act  to  make  the  deposit  or  file  the  statement 
in  the  time  stated  herein,  the  insurance  commissioner  sliall  notify 
such  company  to  issue  no  new  policies  until  there  sliall  have  l)een 
compliance  with  said  requirement. 
Examinations  by  Sect.  7.  The  insurance  commissioner  may,  at  any  time,  make 
commissioner.  ^  personal  examination  of  the  books,  papers  and  securities  of  any 
such  company,  or  may  authorize  or  empower  any  other  suitable 
person  to  make  such  examination,  and  for  the  purpose  of  securing 
a  full  and  true  exhibit  of  its  affairs,  he.  or  the  person  selected  by 
him  to  make  siieh  examination,  shall  have  power  to  examine,  under 
oath,  any  officer  of  said  company  relative  to  its  business  and  man- 
agement. 
If  assets  less  than  Sect.  8.  If  the  insurance  commissioner,  at  any  time,  shall  find 
from  any  report,  examination  or  otherwise,  that  the  assets  of  any 
such  life  insurance  company  are  less  than  its  liabilities,  including 
its  capital  stock,  he  may  notify  it  to  cease  the  issue  of  new  policies 
or  the  payment  of  dividends  to  stockholders  or  policy-holders,  or 
both,  until  the  deficiency  may  be  made  good ;  and  if  it  appear  to 
him  that  the  assets  of  such  company  are  less  than  its  liabilities, 
exclusive  of  capital  stock,  he  may  communicate  the  facts  to  the 
attorney-general,  who  shall,  if  by  him  deemed  advisable,  at  once 
apply  to  the  superior  court  in  the  county  where  the  principal  office 
of  said  company  is  located,  or  to  a  judge  of  said  court  for  a  re- 
ceiver of  said  company,  and  said  court  or  judge  shall  forthwith 
issue  a  citation  to  such  company  to  appear  at  a  day  and  place 
to  be  named  therein  and  answer  to  said  application;  and  if  upon 
the  hearing  of  said  application  said  court  or  judge  shall  find  the 
assets  of  said  company  to  be  less  than  its  actual  liabilities  exclusive 
of  capital  stock  as  aforesaid,  said  court  or  judge  may.  if  practi- 
cable, provide  for  the  reinsurance  of  its  outstanding  policies  in 
some  solvent  company  authorized  to  do  business  in  this  state.     If 


liabilities. 


1013]  Chapter  42.  515 

such  method  shall  not  appear  to  bo  practicable,  said  court  or  judge 
shall  appoint  some  disinterestetl  jx-rson  or  persons  to  be  receiver 
or  receivers  of  such  company,  and  said  court  or  judge  may  provide 
the  mode  of  proving  claims  against  such  company,  and  appoint  a 
committee  to  hear  and  decide  )ipon  them,  and  may  limit  and  ex- 
tend the  time  for  the  presentation  of  such  claims,  and  may  make 
all  necessary  orders  in  reference  to  the  delivery  to  and  possession 
of  such  receiver  of  the  assets  and  property  of  such  company,  and 
the  sale  and  conveyance  of  the  same  by  him,  and  may  direct  the 
application  of  the  avails  of  such  assets  and  property  equitably  in 
satisfaction  of  the  claims  proved  against  such  company,  and  the 
payment  of  the  present  value  of  its  outstanding  policies  to  policy- 
nolders.  either  in  whole  or  in  part ;  and  said  court  or  judge  shall 
annul  the  charter  and  decree  the  dissohition  of  such  company,  and 
make  all  other  orders  and  decrees  necessary  and  proper  in  reference 
to  winding  up  the  affairs  of  such  company,  and  the  disposition  of 
its  property. 

Sect.  9.  Companies  shall  have  the  right  at  any  time  to  change  Change  or  with- 
their  securities  on  deposit,  by  substituting  for  those  withdrawn  a  ''^^^  "  ^p"^'  • 
like  amount  in  other  securities  of  the  character  provided  for  in 
this  act,  and,  whenever  the  annual  valuation  of  policies  outstanding 
and  in  force  against  any  company  is  less  than  the  amount  of 
security  then  on  deposit  with  the  insurance  commissioner,  said  com- 
pany shall  have  the  right  to  withdraw  such  excess;  but  at  least  one 
hundred  thousand  dollars  shall  remain  on  deposit. 

Sect.  10.     The  insurance  commissioner  shall,  at  the  request  of  Examination  at 

•       ^-  £  1  1  company's 

any  such  company,  make  an  examination  oi  such  company,  and  request. 
shall  furnish  a  certificate  of  the  results  of  such  examination,  show- 
ing all  of  its  assets  and  how  they  are  invested,  with  such  other 
particulars  as  may  be  deemed  necessary  to  show  the  character  and 
condition  of  said  company.  The  necessary  expense  of  such  examina- 
tion shall  be  paid  by  the  company. 

Sect.  11.     No  order,  iudgment  or  decree,  providing  for  an  ac-  Restraining 

...  .     .  .  r?      •  '11  orders,   etc.,   how 

counting  or  enjoining,  restraining  or  interiering  wnth  the  prosecu-  procured. 
tion  of  the  business  of  any  such  insurance  company,  or  appointing 
a  temporary  or  permanent  receiver  thereof,  shall  be  made  or 
granted  otherwise  than  upon  the  application  of  the  attorney-general 
on  his  own  motion,  or  after  his  approval  of  a  request  in  writing 
therefor  by  the  insurance  commissioner,  except  in  an  action  by  a 
judgment  creditor  or  in  proceeding  supplementary  to  execution. 

Sect.   12.     If  at  any  time  any  company  doing  business  under  Retirement  from 
this  act  shows  to  the  superior  court  of  the  county  where  its  principal  effected!'    °^ 
ofiices  are  located,  that  it  wishes  to  retire  from  business,  that  it  has 
reinsured  all  its  policies,  and  that  it  has  no  unpaid  liabilities  of 
any  character,  such  court  shall,  if  it  finds  such  facts  to  be  true, 
enter  an  order  directing  the  insurance  commissioner  to  surrender 


516 


Chapter  42. 


[1913 


Income  of  deposi 
payable   to 
company. 


Unauthorized, 
business,     penalty 


Penalties,    how 
recoverable. 


Investment    of 
funds. 


Ownership  of 
realty    restricted. 


to  said  company  all  funds  or  securities  theretofore  deposited  with 
him  by  such  company.  No  such  order  shall  be  made  until  the 
insurance  commissioner  shall  have  been  notified  of  the  pendency 
of  such  application  at  least  ten  days  before  the  time  set  for  the 
hearing  thereof  and  until  after  a  full  hearing  by  said  court, 
t  Sect.  13.  The  insurance  commissioner  shall  permit  companies 
liaving  on  deposit  with  him  stocks  or  bonds  as  security,  to  collect 
the  interest  accruing  on  such  deposits,  delivering  to  their  authorized 
agents,  respectively,  the  coupons  or  other  evidences  of  interest  as 
the  same  become  due,  but  upon  default  by  any  company  to  deposit 
additional  security  as  called  for  by  the  insurance  commissioner, 
or  pending  any  proceedings  to  close  up  or  enjoin  it,  the  insurance 
commissioner  shall  collect  the  interest  as  it  becomes  due,  and  add 
the  same  to  the  securities  in  his  hands  belonging  to  such  company. 

Sect.  1-i.     Any  such  company  doing  or  attempting  to  do  life 

'  insurance   business   without   certificate   as   provided   for   in   either 

section  1,  or  in  section  5  of  this  act,  shall  forfeit  one  hundred 

dollars  for  every  day  it  continues  to  write  new  business  in  this 

state  without  such  certificate. 

Sect.  15.  Suits  brought  to  recover  any  of  the  penalties  provided 
for  in  this  act,  shall  be  instituted  in  the  name  of  the  State  of  New 
Hampshire  on  relation  of  the  attorney-general,  under  the  direction 
and  by  the  authority  of  the  insurance  commissioner.  Said  penalties, 
when  recovered,  shall  be  paid  into  the  state  treasury. 

Sect.  16.  No  such  company  shall  invest  its  funds  in  any  other 
manner  than  as  follows :  In  bonds  of  the  United  States ;  in  bonds 
of  this  state  or  of  any  other  state ;  in  loans  secured  by  mortgage 
on  unincumbered  real  estate,  worth  at  least  double  the  amount  of 
such  loan,  the  value  of  such  real  estate  to  be  determined  by  a 
valuation  made  under  oath  by  two  free-holders  of  the  county  where 
the  real  estate  is  located ;  and  if  buildings  are  considered  as  part 
of  the  value  of  such  real  estate,  they  must  be  insured  for  the  benefit 
of  the  mortgagee ;  in  bonds  or  other  evidence  of  indebtedness, 
bearing  interest,  of  any  county,  incorporated  city,  town  or  school 
district,  where  such  bonds  or  other  evidences  of  indebtedness  are 
issued  by  authority  of  law,  and  upon  which  interest  has  never  been 
defaulted ;  in  such  other  bonds  as  are  a  legal  investment  for  New 
Hampshire  savings  banks  under  laws  now  or  hereafter  in  force ; 
in  loans  upon  the  pledge  of  stock,  bonds,  or  mortgages,  if  the  current 
value  of  such  stock,  bonds  or  mortgages,  is  at  least  twenty-five  per 
cent,  more  than  the  amount  loaned  thereon ;  and  in  loans  upon 
its  own  policies,  provided  that  the  amount  so  loaned  shall  not  ex- 
ceed the  reserve  against  said  policy  at  the  time  such  loan  is  made. 

Sect.  17.  No  such  company  shall  be  permitted  to  purchase,  hold, 
or  convey  real  estate,  except  for  the  purpose  and  in  the  manner 
herein  set  forth:    1.  For  the  erection  and  maintenance  of  l)uildings 


1913]  Chapter  42.  517 

at  least  am})le  and  adeciiiate  for  the  transaction  of  its  own  business; 
or  2.  such  as  shall  have  been  mortgaged  to  it  in  good  faith  by  way 
of  security  for  loans  or  money  due;  or  3,  such  as  sliall  have  been 
conveyed  to  it  in  satisfaction  of  debts  previously  contracted  in  the 
course  of  its  dealings;  or  4,  such  as  shall  have  been  purchased  at 
sales  upon  judgments,  decrees,  or  mortgages  obtained  or  made  for 
such  debts,  and  no  such  company  shall  purchase,  hold,  or  convey 
real  estate  in  any  other  cases  or  for  any  other  purpose. 

Sect.  18.  All  real  estate  acquired  as  aforesaid  except  such  as  Certain  realty  to 
is  occupied  by  tlie  buildings  used  in  whole  or  in  part  for  the  ac-  ten  years.^" 
commodation  of  such  company  in  the  transaction  of  its  business, 
shall,  except  as  hereinafter  provided,  be  sold  and  disposed  of  within 
ten  years  after  such  company  shall  have  acquired  title  to  the  same. 
No  such  company  shall  hold  such  real  estate  for  a  longer  period 
than  that  above  mentioned,  unless  it  shall  procure  a  certificate  from 
the  insurance  commissioner  that  the  interests  of  the  company  will 
suffer  materially  by  a  forced  sale  of  such  real  estate,  in  which  event 
the  time  for  the  sale  may  be  extended  to  such  time  as  the  said  in- 
surance commissioner  shall  direct  in  said  certificate. 

Sect.  19.     No  such  corporation  shall  transfer  its  risks,  or  any  Transfer  and  re- 
part  thereof,  to,  or  reinsure  its  risks,  or -any  part  thereof,  in  any  risks, 
insurance  corporation,  association  or  society  which  is  not  at  the 
time  of  such  transfer  or  reinsurance  authorized  to  do  business  in 
this  state  under  the  laws  thereof. 

Sect.  20.     The  insured  in  any  such  corporation  shall  have  the  Right   of  insured 
right  at  any  time,  with  tlie  consent  of  such  corporation,  to  make  a  *°  ^'^^"=6  payee, 
change  in  his  payee  or  payees,  or  beneficiary  or  beneficiaries,  with- 
out requiring  the  consent  of  such  payee  or  beneficiaries,  provided 
such  policy  has  not  been  assigned  as  security  for  debt,  or  other  legal 
consideration. 

Sect.  21.     Nothing  in  this  act  shall  be  construed  as  affecting  Assessment  com- 
or  governing  life  insurance  companies,  associations  or  societies,  or  affected.  ^''^ '  ^'^^ 
accident   insurance   companies,   doing  business   on  the   assessment 
plan. 

Sect.  22.     No  insurance  shall  be  negotiated  in  tliis  state  by  or  Agents  to  be 
on  behalf  of  any  such  company  except  by  resident  agents,  who  *^''^' 
shall  be  qualified,  appointed,  and  licensed  in  the  same  manner  as 
provided  by  law  for  tlie  agents  of  foreign  life  insurance  companies 
licensed  to  do  business  in  this  state,  but  shall  not  be  required  to 
pay  license  fees. 

Sect.  23.     Nothing  in  this  act  shall  be  construed  as  authorizing  voiuntai-y   corpo- 
the  formation  of  voluntary  corporations  under  the  provisions  of  the  [horized."'*  ^^ 
Public  Statutes  of  this  state  for  the  purpose  of  engaging  in  the  life 
insurance  business. 

Sect.  24.     This  act  shall  he  in  force  from  and  after  its  passage.      Takes  effect 

^  °  on  passage. 

[Approved  March  19,  1913.] 


518 


Chapter  43. 


[1913 


CHAPTER  43. 


Executive. 


AN  ACT  MAKING  APPROPRIATIONS  FOR  THE  EXPENSES  OF  THE  STATE  OP 
NEW    HAMPSHIRE    FOR    THE    YEAR    ENDING    AUGUST    31.    1015. 

Sectiox  I    Sectiox 

1.      Appropriations  for   sundry   purposes.    '         2.      Takes   effect   June   1,    1913. 

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

Section  1.  The  sums  hereinafter  mentioned  are  appropriated, 
to  be  paid  out  of  the  treasury  of  the  state,  for  the  purposes  specified, 
for  the  fiscal  year  ending  on  the  thirty-first  day  of  August,  nineteen 
hundred  and  fifteen,  to  wit : — 

For  the  executive  department.  $36,300,  as  follows :  For  salary 
of  governor,  $3,000;  for  salary  of  governor's  secretary,  $800;  for 
honorable  council  per  diem  and  expenses,  $5.000 ;  for  contingent 
fund,  $1,500;  transportation,  $600;  incidentals.  $150;  printing 
blanks,  $250 ;  emergency  fund  for  protection  of  interests  of  state, 
$25,000. 
Secretary  of  state.  YoY  the  Secretary  of  state  department.  $29,100.  as  follows :  For 
salary  of  the  secretary,  $4,000;  for  salary  of  deputy  secretary,  $1,- 
500 ;  for  clerical  expenses,  $800 ;  for  incidentals,  $400 ;  for  printing 
blanks.  $250 :  printing  report,  $500 ;  for  express,  $650 ;  for  postage, 
$350;  for  indexing  Province  Records.  $1,600;  for  Australian  ballot, 
$4,000 ;  for  direct  primary,  $4,000 ;  for  purchase  of  N.  H.  Law 
Reports,  $1,050;  automobile  department  expenses,  $10,000. 

For  treasury  department,  $6,750,  as  follows:  For  salary  of 
treasurer,  $2.500 ;  for  salary  of  deputy  treasurer,  $1,500 ;  clerical 
expenses,  $1,000;  compiling  statistics,  $200;  incidentals,  $500; 
printing  blanks,  $250;  for  treasurer's  and  deputy's  bonds,  $350; 
for  printing  report,  $450. 

For  treasury  department,  expenses  legacy  tax  law,  $7,000.  as 
follows:  For  salary  of  attorney  in  charge,  $2,500;  salary  of  as- 
sistants, $1,500;  for  copies  of  wills  and  records,  $1,450;  office  sup- 
plies and  incidentals,  $500 ;  for  printing  and  .stationery.  $200 ;  travel 
and  litigation,  $850. 

Auditor's  department.  $5,150.  as  follows:  For  salary  of  auditor, 
$3,000;  clerical  expenses.  $1,350;  incidentals,  $400;  printing  report 
and  blanks,  $400. 

For  insurance  department.  $6,800.  as  follows:  For  salary  of 
commissioner.  $2,000;  clerical  expenses,  $1,600;  for  incidentals, 
$1,000 ;  printing  blanks.  $700 ;  for  printing  report,  $1,500. 

For  bank  commission,  $11,500,  as  follows:  For  salaries  of  com- 
missioners, $7,500;  clerical  expenses,  $1,000;  for  expenses  of  com- 


State  treasury. 


Legacy   tax 
department. 


State  aiiditor. 


Insurance 
commissioner. 


Bank 
commi.s'sioners, 


1913]  Chapter  43.  519 

missioiiers,  $1,200:  incidentals.  ^^.lOO ;  for  printing  report  ami  blanks, 
$1,300. 

For  public  iirintinsi:  coniniission.  $2J50.  as  follows:    For  clerical  Priming 

,  commission. 

expenses,  $600 :  incidentals.  $100 :  for  printing  blanks.  $50 :  ]iur- 
chase  of  paper  stock.  $2,0(10. 

For  department  of  indexing,  for  salaries,  $1,000.  indexing. 

For  legislature,  expenses,  $140,000.  ,-  ^86^" 

For  state  house  department.  $15,200,  as  follows :     For  salaries  state  house. 
and  pay-roll,  $6,500 ;  for  fuel,  $2,500 ;  for  light  and  power,  $2,500 ; 
for  water,  $200 ;  for  miscellaneous,  viz.,  repairs,  furniture  and  inci- 
dentals, $2,000;  for  telephone,  switch-board  and  operator.  $1,500. 

For  supreme  court  department,  $24,430,  as  follows :    For  salaries  Supreme  court. 
of  justices,  $20,200 ;  for  salary  of  clerk,  $500 ;  salary  of  messenger, 
$200:  salary  of  state  reporter,  $1,800;  for  justices'  expenses,  $700; 
transportation,  $100  ;  for  examination  of  students.  $350  ;  incidentals, 
$550 ;  for  transportation  of  state  reporter,  $30. 

For  superior  court  department,  $22,850,  as  follows :    For  salaries  Superior  court, 
of  justices,  $20,200  :  justices'  expenses,  $2,000  ;  for  incidentals,  $250 ; 
for  transportation,  $400. 

Attorney-generar's  department,  $8,050,  as  follows :     For  salary  Attorney-general. 
of  attorney-general.  $3,000;  clerical  expenses.  $1,500:  expenses  of 
attorney-general,  $400;  incidentals,  $1,500:  printing  blanks,  $100; 
enfo7'cement  of  liquor  laws,  $500 :  employment  of  counsel,  $850 ; 
printing  report,  $200. 

Probate  court  department,  salaries  of  judges,  $9,900,  as  follows:  Piobate  judges. 
Rockingham    county,    $1,200;    Stratford    county,    $800;    Belknap 
county,  $600;   Carroll  county,   $700;  Merrimack  county,   $1,200: 
Hillsborough    county,    $2,000;    Cheshire    county,    $900;    Sullivan 
county,  $600:  Grafton  county.  $1,000:  Coos  county.  $900. 

Salaries  of  registers  of  probate  and  deputies,  $11,100,  as  follows:  Registers  of 
Rockingham  county,  for  register,  $1,200,  for  deputy,  $500 ;  Stratford,  deputies.^"*^ 
county,  register,  $1,000;  Belknap  county,  register,  $600;  Carroll 
county,  register,  $600;  Merrimack  county,  for  register,  $1,200, 
deputy  register,  $600;  Hillsborough  county,  register,  $1,500; 
deputy,  $800;  Cheshire  county,  register.  $600:  Sullivan  county, 
register,  $600;  Grafton  county,  register.  $1,000:  Coos  county, 
register,  $900. 

Public  instruction  department.  $14,900,  as  follows:     Salarv  of  .p^''''*'  . 

■  instruction. 

superintendent.  $3,000,  payable  monthly :  salaries  of  clerks,  $2.500 ; 
truant  officer,  attendance.  $1,000;  incidentals.  $1,400;  printing 
blanks,  $1,000 ;  printing  report,  $1,400:  child  labor  act,  salaries, 
$2,400;  travel  and  printing,  $2,200.  Support  and  encouragement 
of  common  schools,  $95,100.  (Unexpended  balances  of  previous 
years  to  be  brought  forward.) 


520 


Chapter  43. 


[1913 


Interest     charges 
and  maturing 
bonds. 


Deaf,    dumb, 
and   blind. 


Stat€  library. 


Soldiers'    home. 

Prisoners'    Aid 
association. 

Public  service 
commission. 


Tax  commission. 


Kormal    schools. 


College   of 
Agriculture. 

Board  of  charities 
and    correotion. 


Lunacy 
commission. 


State   hospital. 


•Industrial     school. 


State   prison. 


Interest  charges  and  maturing  bonds.  $67,121.47.  as  follows: 
For  Fiske  legacy,  $1,055.14;  for  Kimball  legacy.  $270.14;  Agri- 
cultural College  fund,  $4,800;  Hamilton  Smith  fund,  $400; 
Teachers'  Institute  fund,  $2,383.92;  Benjamin  Thompson  fund, 
$31,887.27:  temporary  loans,  $2,500;  State  Hospital  loan,  $12,075; 
maturing  loan,  hospital  issue.  $10,000;  sanatorium  loan.  $1,750. 

Deaf,  dumb  and  blind  department,  $16,150,  as  follows :  For  sup- 
port and  education,  $16,000 ;  for  Granite  State  Deaf  i\Iute  Mission, 
$150. 

State  library  department.  $18,140,  as  follows :  For  salaries,  $6.- 
480;  maintenance  and  operation.  $3,250;  maintenance  of  library, 
$2,260 ;  books,  periodicals  and  binding.  $6.000 ;  expenses  of  trustees, 
$150. 

Soldiers'  home,  for  maintenance,  $15,000. 

Prisoners'  Aid  association,  $25. 

For  public  service  commission  department,  $21,200,  as  follows: 
For  salaries,  $9.700 ;  clerks,  experts  and  assistants,  $7,500 ;  expense? 
of  commissioners.  $1,000 ;  incidentals  and  printing,  $3,000. 

For  tax  commission  department,  $13,500,  as  follows :  For 
salaries,  $8,000;  clerical  expenses,  $1,000;  expenses  of  commission- 
ers, $1,000 ;  incidentals  and  printing,  $3,000 ;  printing  report,  $500. 

For  normal  school,  Plymouth,  $26,500,  as  follows :  For  salaries, 
$20,250;  maintenance  and  operation,  $5,000;  incidentals,  $1,000; 
printing  report,  $50;  trustees'  expenses,  $200.  For  normal  school, 
Keene,  $21,000.  as  follows:  For  salaries,  $13,300;  maintenance 
and  operation.  $6,700 ;  incidentals,  $800 ;  printing  report,  $50 ;  trus- 
tees' expenses,  $150. 

For  New  Hampshire  College  of  Agriculture.  $3,000.  as  follows : 
For  free  tuition  to  New  Hampshire  students.  $3,000. 

For  state  board  of  charities  and  correction  department,  $4,210, 
as  follows :  Salary  of  secretary.  $1,800 ;  for  clerical  expenses,  $800 ; 
for  incidentals.  $400 ;  traveling  expenses,  $700 ;  printing  blanks, 
$60;  printing  report,  $450. 

For  commissioners  of  lunacy  department,  $1,150.  as  follows: 
For  clerical  expenses.  $500 ;  incidentals,  $200 ;  printing  blanks, 
$100 ;  printing  report,  $350. 

For  state  hospital  department.  $225,000,  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,  $225,000. 

For  industrial  school  department.  $45,000.  as  follows:  For 
salaries.  $17,000;  clerical  expenses.  $1,000;  for  maintenance, 
$27,000. 

For  state  prison  department.  $9,110.  as  follows:  For  salary  of 
warden.   $2,000;  salary  of  chaplain.   $1,000;  salary  of  physician. 


1913]  Chapter  43.  521 

$500;  salary  of  parole  officer,  $200;  expenses  of  parole  officer,  $100; 
for  library,  $200;  for  special  repairs,  $2,000;  running  expenses, 
$3,000;  for  printing  report,  $110. 

For  New  Hampshire  school  of  feeble-minded   children,   as  fol-  School  for  feebio- 
lows :    For  maintenance,  $35,100,  and  for  printing  report,  $200.       ""'"ded. 

For   New   Hampshire    State    Sanatorium,    $22,000,    as   follows :  state  sanatorium. 
For  maintenance,  $22,000. 

For    bureau    of    labor    department,    $1,600,    as    follows :      For  Bureau  of  labor. 
salary  of  commissioner,  $1,600;  salaries  of  clerks  and  assistants, 
$1,000;  expenses  of  arbitration,  $500;  incidentals  and  travel,  $1,- 
000 ;  printing  blanks.  $200 ;  printing  report,  $300. 

Board  of  agriculture  department,  $18,000,  as  follows :    For  salary  Board  of 
of  secretary,  $1,500 :  clerical  expenses,  $1,000;  for  incidentals,  $250;  ^sncxinnre. 
for  expenses  of  members,  $300 ;  printing  blanks,  $50 ;  printing  re- 
port, $800 ;   institutes  and   public  meetings,   $2,000 ;   for   feeding 
stuffs  inspection,  $3,500 ;  for  fertilizer  inspection,  $2,500 ;  nursery 
inspection.  $600  ;  for  seed  inspection,  $500 ;  for  Summer  Homes  pub-  ' 

lication,  $3,000;  Granite  State  Dairymen's  Association,  $1,000;  for 
Horticultural  Society,  expenses,  $1,000. 

For   cattle   commission   department.    $18,000,    as   follows:      For  Cattie  commission. 
animals  destroyed,  $10,000 ;  inspection,  disinfection  and  appraisal, 
$3,500  ;  services  and  expenses  of  board.  $1,500 ;  for  possible  expenses 
of  epidemic,  $3,000. 

For  board  of  health  department,  $12,500,  as  follows:    For  salary  Board  of  health; 
of  secretary,  $2,500;  salary  of  clerk,  $500;  for  incidentals,  $450;  jfySeTviui 
for  printing  blanks,  $300 ;  for  printing  report,  $1,250 ;  for  epidemic  statistics. 
fund,  $5,000;  for  sanitary  inspection.  $2,500.     For  laboratorv  of 
hygiene.  $6,400,  as  follows :     For  salaries  of  two  chemists,  $3,000 ; 
salaries  of  two  bacteriologists,  $1,800;  incidentals,  $1,200;  printing 
blanks  and  bulletins,  $400.    For  vital  statistics  department,  $2,800. 
as  follows :    For  clerical  expenses  and  incidentals,  $1 .600 ;  printinr^ 
report.  $1,200. 

For   commission   of  pharmacy   department,   $1,440,   as   follov.s :  pharmacr 
For  compensation,  $375;  incidentals  and  running  expenses,  $700;  commission. 
for  printing  blanks,  $35;  printing  report.  $30;  for  enforcemej.t  of 
law,  $300. 

For  NeAv  Hampshire  board  of  registration  in  dentistry,  $470,  Dentistry  board. 
as  follows :    For  compensation.  $220 ;  transportation  and  expenses, 
$125:  incidentals,  $115:  printing  report.  $10. 

For  optometry  board  department,  $275,  as  follows :     For  co.n-  optometry  board. 
pensation  and  expenses,  $150:  printing,  $100;  for  postage,  $25. 

For  steamboat   inspection   department.   $150   for   steamboat   in-  steamboat 

Spection.  inspection. 

For  medical  referees,  printing,  $50.  Medical  referees. 

For   adjutant-general's   department,   $67,725,    as   follows:     For  Adjutant-general. 


522  Chapter  43.  [1913 

salary  of  adjutaut-general.  $1.500 :  clerical  expenses.  $1.000 :  inci- 
dentals, $900;  printing  blanks.  $700;  printing  report.  $100;  rifle 
ranges,  $3,650;  officers'  uniforms.  $2,650:  for  state  armories.  Con- 
cord, Manchester  and  Nashua,  $7,000 ;  for  National  Guard,  $19,925. 
So  much  of  the  appropriation  as  is  necessary  to  pay  the  expenses 
of  the  annual  encampment  is  available  June  1,  1911. 

Military  For   military   organizations,   $300.    as   follows:      For   Amoskeag 

organizations.  Veterans,  $100;  Manchester  War  Veterans,  $100;  for  Lafayette 
Artillery  Company,  $100. 

Bounty  on  For  bouuty  ou  licdgehogs,  $6,500. 

Bounty  on  bears       For  bouuty  on  bcars  and  grasshoppers.  $500. 

L^ghtf  and°buoys:  For  lights  and  buoys  department.  $1,915.  as  follows :  For  Winni- 
pesaukee  lake,  $1,100;  Sunapee  lake,  $100;  for  Squam  lake.  $300; 
Winnisquam  lake,  $65;  for  Endicott  Rock,  $50. 

Firemen's  relief         Firemen 's  relief  fund,  $2,000. 

/ish  and  game         For  fisli  and  game  commission  department,  $18,450.  as  follows: 

^.ommission.  -p^^.  salaries  of  commissioners.  $2,600;  general  expenses.  $7,000: 

for  personal  expenses,  $1,200 ;  for  detectives,  $7,000  ;  for  incidentals, 
$100 :  for  transportation,  $250 ;  printing,  $300. 

Moth  suppression.      For  supprcssiou  of  moths.  $12,500. 

G.  A.  R.  For  G.  A.  R.  department,  $2,150.  as  follows :    For  printing,  $300 ; 

for  burial  of  soldiers,  $1,800;  incidentals,  $50. 

Historical  society.      For  New  Hampshire  Historical  society.  $500. 

Forest  protection.  For  forcst  protection,  $27,600.  as  follows :  For  salary  of  for- 
ester, $2,500;  clerical  expenses,  $900;  traveling  expenses,  $1,000; 
salaries  and  expenses,  of  four  district  chiefs,  $3,900 ;  incidentals  and 
commissioners'  expenses.  $1,500;  for  printing  blanks,  $800:  print- 
ing report.  $500 ;  for  fire  bills  to  towns,  $7.500 ;  for  nursery.  $500 ; 
for  lookout  stations, — establishment  and  maintenance,  $5,000 ;  fire 
wardens'  conference,  $1,000:  for  prevention  of  fires,  $2,500. 

State  highways.  For  highway  department.  $255,000.  as  follows:  For  permanent 
improvement  (unexpended  balances  of  previous  years  to  be  brought 
forward)  ;  for  maintenance,  automobile  fees,  estimated  at  $130,000. 

state  1iistori;.ji.  For  statc  histoHan,  $7,620,  as  follows  :  For  salary  of  historian, 
$2,500;  clerical  expenses,  $1,300;  for  incidentals,  $400:  for  printing 
and  binding  publications,  $3,000;  printing  blanks,  $20:  copies  of 
records  in  England,  $400. 

Takes   effect  Sect.  2.     This  act  sliall  take  effect  on  June  1,  1913. 


June    1,    19i; 


[Approved  March  19,  1913.] 


1913] 


Chapter  44. 


523 


CHAPTER  44. 

AN  ACT  IN  AMENDMENT  OF  SECTION  20  OF  CHAPTER  27  OF  THE  PUBLIC 
STATUTES  AS  AMENDED  BY  CHAPTER  112  OF  THE  LAWS  OF  1903, 
CHAPTER  22,  LAWS  OF  1907,  CHAPTER  83,  LAWS  OF  1909,  AND  BY  AN 
ACT  PASSED  AT  THE  PRESENT  SESSION  OF  THE  LEGISLATURE,  KNOWN 
AS  HOUSE  BILL  NO.  396,  RELATING  TO  COUNTY  COMMISSIONERS. 


Sectiox 

1.      Salaries     and     expenses 
commissioners. 


of     county 


Section' 

2.     Takes  effect  on  passage. 


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

Section  1.  That  section  20  of  chapter  27  of  the  Public  Statutes,  f^^H'^^^  of  "bounty 
as  amended  by  chapter  112  of  the  Laws  of  1903,  chapter  22  of  commissioners, 
the  Laws  of  1907,  chapter  83  of  the  Laws  of  1909,  and  by  an  act 
passed  at  the  present  session  of  the  legislature,  known  as  House 
Bill  No.  396,  [chapter  2,  Laws  1913,]  be  and  the  same  hereby 
is  amended  by  striking  out  the  words,  "twelve  hundred  dollars" 
where  they  occur  in  said  section  20,  and  inserting  in  place  thereof 
the  words  fifteen  hundred  dollars,  so  that  said  section  as  amended 
shall  read  as  follows :  Sect.  20.  Each  county  commissioner,  except 
the  commissioners  of  Hillsborough,  Cheshire  and  Merrimack  coun- 
ties, shall  be  paid  by  tlie  county  treasurer  for  his  services,  when 
employed  in  business  of  the  county  and  in  inspecting  the  taxable 
property  of  towns,  as  provided  in  the  preceding  section,  three 
dollars  a  day,  and  a  reasonable  sum  for  all  necessary  expenses, 
upon  order  of  the  superior  court,  his  accounts  having  been  first 
audited  by  the  court.  Each  commissioner  of  Hillsborough  county 
shall  be  so  paid  the  sum  of  fifteen  hundred  dollars  per  year,  each 
commissioner  of  Cheshire  county  the  sum  of  five  hundred  dollars 
per  year,  and  each  commissioner  of  Merrimack  county  the  sum 
of  one  thousand  dollars  per  year,  payable  in  equal  quarterly  install- 
ments, and  a  reasonable  sum  for  all  necessary  expenses,  upon  order 
of  the  superior  court,  his  accounts  having  first  been  audited  by  the 
court.  The  commissioners  of  Hillsborough  county  may  expend 
not  exceeding  eight  hundred  dollars  per  year  for  such  clerical, 
actuarial  or  stenographic  assistance  as  may  be  necessary  at  the 
offices  of  the  commission  in  Manchester  and  Nashua. 

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


[Became  a  law  witliout  the  governor's  signature,  March  22,  1913.] 


524 


Chapters  45,  46. 


1913 


CHAPTER  45. 


lilt 


AN  ACT  TO  EXEMPT  PROM  TAXATION  PROPERTY  IN  TAMWORTH  TO  BE 
HELD  FOR  THE  PUBLIC  GOOD  BY  THE  SOCIETY  FOR  THE  PROTECTION 
OF  NEW  HAMPSHIRE  FORESTS. 


Property 
exempted. 


Takes    effect 
on   passage. 


Section 

1.     Property   exempted. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.  That  real  estate  in  the  town  of  Tamworth,  located 
along  the  state  highway  and  adjacent  thereto  that  shall  be  held  by 
the  Society  for  the  Protection  of  New  Hampshire  Forests,  shall  be 
exempt  from  taxation  as  long  as  maintained  by  said  society  open  to 
the  public. 

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

[Approved  March  26,  1913.] 


CHAPTER  46. 


AN  ACT  TO  PROVIDE  FOR  THE  UNIFORMITY  OF  WRITS. 
Section  l.      Printed  ■writs,  justices  of   superior    court    to    prescribe    form. 

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

Superior  court  to      SECTION  1.     That  Oil  aiid  after  Januarv  1,  1914,  all  printed  writs, 

prescribe    form         ..  t  •  "^  ■,  t  ^ 

of  writs.  including  the  common  counts  therein,  returnable  to  the  superior 

court,  shall  be  in  such  form  as  the  justices  of  said  court  shall  pre- 
scribe, the  same  to  be  uniform  in  size,  phraseology,  and  style  of 
type. 

[Approved  March  26.  1913.] 


1913]  Chapter  47.  525 

CHAPTER  47. 

AN  ACT  TO  PROVIDE  FOR  THE  CONSTRUCTION  OF  DAMS  OF  A  HEIGHT  IN 
EXCESS  OF  TWENTY-FIVE  FEET  UNDER  THE  SUPERVISION  OF  A  STATE 
INSPECTOR. 

SECTION'  SECTIOX 

1.  Plans     to     be     approved    by     public     ^        4.      If   owner    or    contractor    aggrieved. 

service   commission.  5.     Right  of  appeal. 

2.  Commission  to  appoint  inspector.  6.      Penalty  for  disobedience  of  order. 

3.  Compliance     with     plans,     how     en-  7.      Owner  to  bear  expense  of  inspection. 

forced.  8.      Takes  effect  on  passage. 

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

Section  1.     The  eonstriiction  of  a  dam  of  a  height  in  excess  of  Plans  to  be  ap- 
twentv-five  feet  shall  not  be  commenced  until  plans  and  specifica-  service   ram-^ 
tions  therefor  shall  have  been  filed  with  and  approved  by  the  public  ™'^^"'"- 
service  commission. 

Sect.  2.     Said  commission  shall  designate  some  suitable  person  Appointment  of 
to  inspect  the  construction  of  such  dam,  under  such  regulations  ^'^^i"'*'*"''- 
as  to  inspection  as  said  commission  shall  prescribe,  and  such  in- 
spector shall  report  to  said  commission  any  failure  to  comply  with 
the  requirements  of  the  plans  and  specifications. 

Sect.  3.     Said  commission  is  authorized  to  order  the  owner  or  Compliance  with 
contractor,  while  constructing  any  such  dam,  to  remedy  any  defects  en'forced!*^^ 
of  construction  caused  by  failure  to  comply  with  the  requirements 
of  the  plans  and  specifications,  and  may  order  such  owner  or  con 
tractor  to  do  any  thing  necessary  to  make  said  construction  comply 
with  said  plans  and  specifications,  and  on  failure  of  such  owner 
or  contractor  to  comply  with  any  such  order  of  said  commission, 
said  commission  may  order  all  work  of  construction  on  such  dam 
to  cease. 

Sect.  4.     Upon  petition  of  such  owner  or  contractor,  complaining  if  owner  or  con- 
that  any  order  made  under  the  provisions  of  the  preceding  section  *^^^*°^'  aggrieved. 
is  unjust  or  unreasonable,  said  commission  shall  appoint  a  time 
and  place  of  hearing,  giving  notice  thereof  to  the  parties  in  interest. 
and  shall  hear  the  parties,  and  shall  annul,  modify  or  continue  in 
force  its  previous  order  as  the  facts  shall  justify. 

Sect.  5.  All  orders  issued  by  the  commission  under  the  provi-  Right  of  appeal. 
sions  of  this  act  shall  be  subject  to  the  provisions  for  appeal  as 
contained  in  section  17  of  chapter  164  of  the  Laws  of  1911,  and 
amendments  thereto.  But  all  orders  so  issued  shall  remain  in  full 
force  and  effect  unless  and  until  modified  or  set  aside  on  such 
appeal. 


526 


Chapter  48. 


[1913 


Disobedience    of 
orders,   penalty. 


Owner    to    bear 
expense   of   in- 
spection. 


Takes   effect 
on   passage. 


Sect.  6.  Any  corporation  or  person  disobeying  any  order  of  the 
commission  made  under  the  authoritj^  of  this  act,  or  aiding  or  abet- 
ting such  disobedience,  shall  be  liable  to  a  fine  of  not  exceeding  one 
thousand  dollars.  On  application  of  the  commission,  by  petition 
in  equity,  the  superior  court  or  any  justice  thereof  may  enjoin 
any  act  alleged  to  be  in  violation  of  any  such  lawful  order  of  the 
commission. 

Sect.  7.  The  expense  of  any  inspection  authorized  by  this  act 
shall  be  paid  to  the  commission  by  the  owners  of  the  dam  in  con- 
nection with  which  it  is  incurred.  All  sums  so  received  shall  be 
paid  into  the  state  treasury,  and  shall  be  added  to  the  appropria- 
tion available  for  the  use  of  the  commission  in  the  employment  of 
experts.  If  any  owner  shall  not  promptly  pay  the  expense  of  such 
inspection  when  requested  by  the  commission,  it  may  be  collected 
in  an  action  of  assumpsit  to  be  brought  by  the  attorney-general 
in  the  name  of  the  state. 

Sect.  8.     This  act  shall  take  effect  upon  its  passage. 

[Approved  March  26,  1913.] 


CHAPTER  48. 


AN  ACT  IN  RELATION  TO  THE  DEPOSIT  OF  PUBLIC  DOCUMENTS. 


Sectiox 

1.     Town  officers  may  transfer  to  public 
libraries. 


Section" 

'2.      Future   publications,    where    sent. 
3.     Takes  effect  on  passage. 


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


Transfer  to  public 
libraries. 


Future    publica- 
tions. 


Takes   effect 
on   passage. 


Section  1.  Any  town  clerk,  board  of  selectmen,  or  others  having 
at  present  custody  of  the  books,  pamphlets  and  public  documents 
that  have  been  sent  to  the  towns  by  the  departments  of  state  gov- 
ernment may,  with  consent  of  the  librarian,  transfer  these  publica- 
tions to  the  public  library,  in  such  towns  as  have  free  public 
libraries,  with  the  injunction  that  they  be  included  in  the  catalogues 
of  the  library  and  be  made  accessible  to  the  public. 

Sect.  2.  From  the  passage  of  this  act  such  publications  as  may 
be  sent  out  by  the  state  shall  be  sent  to  the  librajnes  of  those  towns 
that  have  free  public  libraries. 

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


[Approved  March  26,  1913. 


1913]  Chapters  49,  50.  527 

CHAPTER  49. 

AN  ACT   IN    AMENDMENT  OF   CHAPTER   158,   SECTION   9,   OF   THE  PUBLIC 
STATUTES,  RELATING  TO  LAYING  OUT  RAILROADS. 

Section  Section 

1.      Appraisal  of  damages  for  land  taken  2.      Repealing  clause;   act  takes  effect  on 

for  railroad.  passage. 

Be    it   enacted    hij    the   Se)iatc   and  House   of  Repvesentativcs   in 
General  Court  convened: 

Section  1.  Section  9  of  chapter  158  of  the  Public  Statutes  is  Land  damages, 
hereby  amended  by  adding  the  following :  The  owner  of  any  in- 
terest in  any  land  over  which  the  road  is  located,  at  any  time  after 
the  return  of  the  location  is  made  as  above  provided,  may  apply 
in  like  manner  by  petition  to  the  public  service  commission  to  ap- 
praise the  damages  occasioned  to  him  by  the  railroad,  and  by  strik- 
ing out  the  words  "railroad  commissioners"  in  said  section  and  in- 
serting in  place  thereof  the  words  public  service  commission,  so  that 
said  section  as  amended  shall  read  as  follows :  Sect.  9.  If  from 
any  cause  it  does  not  obtain  such  deeds,  it  may  apply  by  petition 
to  the  public  service  commission  to  appraise  the  damages  occasioned 
to  the  owners  of  such  lands  by  the  railroad.  The  owner  of  any 
interest  in  any  land  over  which  the  road  is  located,  at  any  time 
after  the  return  of  the  location  is  made  as  above  provided,  may 
apply  in  like  manner  by  petition  to  the  public  service  commission 
to  appraise  the  damages  occasioned  to  him  by  the  railroad. 

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

-,  -IT-  ini«.  •  '"'*'   takes   effect 

are  repealed,  and  this  act  shall  take  eftect  upon  its  passage.  on  passage. 

[Approved  March  26,  1913.] 


CHAPTER  50. 

AN    ACT    IN    AMENDMENT    OF    CHAPTER    264    OF    THE    PUBLIC    STATUTES 
RELATING    TO    CRIMES   AND   OFFENSES. 

Section-  .    Section 

1.      Imprisonment   in   house  of  correction    j  2.      Takes   efifect    on   passage, 

for   minor   offenses.  | 

Be  it   enacted   hi/   the   Senate   and  Houae   of   Representatives   in 
Genered  Court  convened : 

Section  1.     Chapter  264  of  tlie  Public  Statutes  is  amended  by  impiisonment  for 
adding  the  following  section :     Sect.  24.     All  i>ersons  imprisoned  '""'°' 


528 


Chapter  51, 


[1913 


Takes   effect 
oa  passage. 


for  any  violation  of  the  provisions  of  this  chapter  shall  he  com- 
mitted to  the  house  of  correction  of  the  county  in  which  the  offense 
is  committed. 

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

[Approved  March  31,  1913.] 


CHAPTER  51. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  OO  OF  THE  SESSION  LAWS  OF 
1907,  ENTITLED  "aN  ACT  TO  EXEMPT  CERTAIN  BONDS  FROM  TAXA- 
TION. ' ' 


Section 

1.      School  district  may  exempt  its  bonds 
held  by  its  citizens. 


Sectiox 

2.     Takes  effect  on  passage. 


School-district 
bonds,   when 
exempt. 


Takes   effect 
on   passage. 


Be  it   enacted   hy   the   Senate   and  H<>uf;(    of  Bepresentatives  in 
General  Court  convened: 

Section  1.  That  section  1  of  chapter  55  of  the  Session  Laws  of 
1907  be  amended  by  adding  after  the  word  "precinct"  in  the  fir.st 
and  also  in  the  fourth  line  thereof  the  word  school,  so  that  the 
section  as  amended  shall  read  as  follows:  Section  1.  Any  city, 
town,  precinct,  school  or  village  district  may  exempt  from  taxa- 
tion any  future  issue  of  its  bonds,  provided  such  exemption  shall 
apply  only  to  bonds  owned  and  held  by  citizens  of  said  city,  town, 
precinct,  school  or  village  district. 

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

[Approved  :\rarch  31.  1913.] 


1913] 


Chapters  52,  58. 


529 


CHAPTER  52. 


m 


AN    ACT    IN    AMENDMENT    OF    CHAPTER    45    OP    THE    SESSION    LAWS    OF 
1911,  RELATING  TO  ATTACHMENTS  OF  REAL  ESTATE. 


Sectiox 

1.  Discharge  to  be  recorded. 

2.  Penalty   for   violation. 


Section 

3.     Takes  effect  on  passage. 


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

Section  1.  When  an  attachment  upon  real  estate  is  dissolved,  or  Discharge  to 
the  levy  thereunder  is  defeated,  the  plaintiff  or  his  attorney,  upon 
request,  shall  give  to  the  defendant  or  owner  of  the  land  a  dis- 
charge thereof  and  the  defendant  or  owner  of  the  land,  within 
thirty  days  after  such  attachment  is  dissolved  or  levy  thereunder 
defeated,  shall  cause  the  discharge  thereof  to  be  recorded  in  the 
office  of  the  register  of  deeds  in  which  said  attachment  or  levy  is 
recorded  and  shall  pay  the  register  of  deeds  the  sum  of  twenty 
cents  in  full  for  making  such  record. 

Sect.  2.     Any  person  violating  the  provisions  of  the  foregoing  Penalty. 
section  shall  be  fined  not  exceeding  ten  dollars. 

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


Takes   effect 
on   passage. 


[Approved  March  31,  1913. 


CHAPTER  53. 


AN    ACT    REGULATING    THE    ISSUANCE    OF    BONDS    AND    INVESTMENT    OF 
FUNDS  BY   SURETY   COMPANIES. 


Section 

1.  Liability  on   single  bond  limited. 

2.  Investments  by   domestic   companies. 


Section 

3.  Certain   provisions   applicable   to   do- 

mestic companies. 

4.  Takes   effect  on  passage. 


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

Section  1.  No  surety  company,  whether  organized  under  the  Liability  on  single 
laws  of  this  or  any  other  state  or  territory,  shall  assume  any  liability 
as  surety  on  any  bond  which  shall  in  amount  exceed  ten  per  cent, 
of  its  net  assets  without  reinsuring  in  some  surety  company  author- 
ized to  do  business  in  this  state  the  amount  by  wliich  any  liability 
may  exceed  said  ten  per  cent,  of  said  net  assets. 


530 


Chapter  54. 


[1913 


InTestmenta 
regulated. 


Certain    laws 
applicable. 


Takes  effect 
on   pasBa^'e. 


Sect,  2.  Surety  companies  organized  under  the  laws  of  this 
state  shall  invest  their  funds  in  such  securities  as  by  laAv  are  legal 
investments  for  savings  banks  in  this  state,  and  in  such  other  in- 
vestments as  may  be  approved  by  the  insurance  commissioner  of 
this  state. 

Sect.  3.  Sections  2,  3,  4  and  5  of  chapter  172  of  the  Public 
Statutes  shall  apply  to  surety  companies  organized  under  the  laws 
of  this  state. 

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

[Approved  March  31,  1913.] 


CHAPTER  54. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  95  OF  THE  SESSION  LAWS  OF  1903 
ENTITLED  "aN  ACT  TO  REGULATE  THE  TRAFFIC  IN  INTOXICATING 
LIQUOR,"  AS  AMENDED  BY  CHAPTER  49  OF  THE  SESSION  LAWS  OP 
1905,  AND  BY  CHAPTER  157  OF  THE  SESSION  LAWS  OF  1911. 


Section 

1.      Hours  and  days  of  sale  regulated. 


Section 

2.     Takes  effect  April  30,    1913;   repeal- 
ing clause. 


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

Hours  and  days  SECTION  1.  Scctiou  16  of  chapter  95  of  the  session  Laws  of  1903, 
entitled  "An  Act  to  regulate  Traffic  in  Intoxicating  Liquor"  as 
amended  by  chapter  49  of  the  session  Laws  of  1905,  and  further 
amended  by  chapter  157  of  the  session  Laws  of  1911  is  hereby 
amended  by  striking  out  the  word  "or"  in  the  first  line  of  said 
amended  section  and  by  inserting  after  the  word  "seven"  in  the 
said  line  the  words  and  the  ninth  class  in  the  discretion  of  the 
commissioners  and  subject  to  such  conditions  as  they  may  make, 

'      ■  so  that  said  section  as  amended  shall  read  as  follows:     Sect.  16. 

No  licensee,  except  the  holder  of  a  license  of  the  first,  seventh  and 
ninth  class,  in  the  discretion  of  the  commissioners  and  subject  to 
such  conditions  as  they  may  make,  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,  whicli  such  town  or  board  of 
mayor   and   aldermen   is  hereby   authorized    to  do;   third,   on   the 


1913^ 


Chapter  55. 


531 


day  of  any  general  or  city  eleetion  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  chai'ter ;  fourth,  on  a  state  or  national  legal  holiday. 

Sect.  2.     This  act  shall  take  effect  April  30.  1913,  and  all  acts  Takes  effect  Api-n 

•   T  ,  1  ,1  30,    1913;    repeal- 

and  parts  of  acts  inconsistent  herewith  are  hereby  repealed.  ing  clause. 

[Approved  :\ larch  31.  1913.] 


CHAPTER  55. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  89  OF  THE  PUBLIC  STATUTES  OF 
NEW  HAMPSHIRE,  RELATING  TO  THE  EXEMPTION  OF  MONEY  AT 
INTEREST  LOANED  TO  SCHOOL  DISTRICTS. 


Section 

1.      School   districts  may  exempt   certain 
loans. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.  That  section  3  of  chapter  89  of  the  Public  Statutes  School  districts 
of  New  Hampshire  be  amended  by  adding  thereto  the  words  School  oertain^foans. 
districts  may  at  any  legal  meeting  holden  therein,  by  a  majority 
of  the  legal  voters  present  and  voting  at  the  meeting,  authorize  its 
school  board  to  hire  money  for  any  of  the  purposes  above  men- 
tioned of  individuals  living  in  the  town  in  which  such  school 
district  is  located  at  a  rate  of  interest  not  exceeding  five  per  cent, 
per  annum,  and  provide  that  all  moneys  thus  loaned  shall  be  exempt 
from  taxation,  so  that  said  section  as  amended  shall  read  as  follows : 
Sect.  3.  School  districts  may  raise  money  to  procure  land  for 
schoolhouse  lots,  and  for  tlie  enlargement  of  existing  lots;  to  build, 
purchase,  rent,  repair,  or  remove  schoolhouses  and  outbuildings ; 
to  procure  insurance ;  to  plant  and  care  for  shade  and  ornamental 
trees  upon  schoolhouse  lots ;  to  provide  suitable  furniture,  books, 
maps,  charts,  apparatus,  and  conveniences  for  schools;  and  to  pay 
debts.  School  districts  may  at  any  legal  meeting  holden  therein, 
by  a  majority  of  the  legal  voters  present  and  voting  at  the  meet- 
ing, authorize  its  school  board  to  hire  money  for  any  of  the  pur- 
poses above  mentioned  of  individuals  living  in  the  town  in  which 
such  school  district  is  located  at  a  rate  of  interest  not  exceeding 
five  per  cent,  per  annum,  and  provide  that  all  moneys  thus  loaned 
shall  be  exempt  from  taxation. 

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


on   passage. 


[Approved  March  31.  1913.] 


532 


Chapters  56,  57. 
CHAPTER  56. 


'    [1913 


Ice-fishing 
prohibited. 


Penalty. 


AN  ACT  RELATING  TO  FISHING  THROUGH  THE  ICE  ON  ISLAND  POND. 


Section 

1.      Ice-fishing  prohibited. 


Sectiox 

2.      Penalty  for  viulation. 


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

Section  1.  It  sliall  be  unlawful  for  auy  person  to  fish  through 
the  ice  on  Island  pond,  so-called,  situated  in  the  towns  of  Atkinson, 
Derry  and  Hampstead. 

Sect.  2.  Any  person  violating-  this  act  shall  be  ininished  by  a 
fine  of  ten  dollars  for  each  offense. 

[Approved  April  1,  1913.] 


CHAPTER  57 


Desertion  or 
abandonment, 
penalty. 


AN  ACT  RELATING  TO  DESERTION  OR  ABANDONMENT  OF  WIFE  OR   MIN<^R 

CHILDREN. 


Section 

1.      Desertion    or    abajidonnient    of    wife 
or    children,    penalty. 


Repealing    clause 
act   takes   effect 
on   passage. 


Section 

2.     Repealing  clause;   act  takes  effect  on 
passage. 


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

Section  1.  Any  i)erson  who  shall,  without  cause,  desert  or  wil- 
fully neglect  or  refuse  to  provide  for  the  support  and  maintenance 
of  his  wife  in  destitute  or  necessitous  circumstances,  or  any  person 
who  shall  without  lawful  excuse  desert  or  wilfully  neglect  or 
refuse  to  provide  for  the  support  and  maintenance  of  his  or  her 
legitimate  or  illegitimate  minor  child  or  children  under  the  age  of 
sixteen  years  in  destitute  or  necessitous  circumstances  shall  be 
guilty  of  a  crime  and  on  conviction  thereof  shall  be  punished  by 
fine  not  exceeding  three  hundred  dollars  ($300)  or  imprisonment 
for  a  term  not  exceeding  fifteen  months,  or  both  such  fine  and  im- 
prisonment in  the  discretion  of  the  court. 

;      Sect.  2.     Chapter  108  of  the  session  Laws  of  1905  is  hereby 
repealed  and  this  act  shall  take  effect  upon  its  passage. 


[Approved  April  1,  1913.] 


1913]  Chapter  58.  533 

CHAPTER  58. 

AN    ACT    IX    AMENDMENT   OF    CHAPTER    40,    SECTION    4    OP    THE   PUBLIC 
STATUTES,  RELATING  TO  THE  POWERS  AND  DUTIES  OF  TOWNS. 

Section  Sectiox 

1.      Towns    may    appropriate    money    for  2.      Takes  effect  on  passage, 

certain  purposes. 

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

Section  1.     That  section  4,  cliapter  40  of  the  Public  Statutes  be  Towns   may   ap- 

_  ^  ....      propriate    money 

and  herebj'  is  amended  by  inserting  after  the  word  "hospitals  infer  certain 
the  7th  line  thereof  the  words  to  aid  visiting  or  district  nurse 
associations ;  by  inserting  after  the  words  ' '  Grand  Army  of  the 
Republic"  in  the  16th  line  thereof  the  words,  or  by  committees 
appointed  by  the  Spanish  War  Veterans;  and  by  inserting  after 
the  words  "reading  rooms"  in  the  28th  line  thereof  the  words 
or  to  assist  in  the  maintenance  of  any  library  oi-  reading  room  that 
is  kept  open,  so  that  said  section  as  amended  shall  read  as  follows : 
Sect.  4.  Towns  may,  at  any  legal  meeting,  grant  and  vote  such 
sums  of  money  as  they  shall  .judge  necessary  to  support  schools ; 
to  build  and  repair  school  houses ;  to  maintain  the  poor ;  to  lay 
out.  build  and  repair  highways  and  sidewalks ;  to  build  and  repair 
bridges ;  to  light  streets ;  to  repair  meeting  houses  owned  by  the 
town  so  far  as  to  render  them  useful  for  town  purposes ;  to  aid 
hospitals ;  to  aid  visiting  or  district  nurse  associations ;  to  en- 
courage volunteer  enlistments  in  case  of  war  or  rebellion ;  to  pro- 
cure and  erect  a  monument  or  memorial  building  to  perpetuate 
the  memory  of  such  soldiers  belonging  thereto  as  may  have  sacri- 
ficed their  lives  in  the  service  of  their  country,  including  a  suitable 
lot  therefor  and  fence  for  its  protection ;  to  defray  the  expense 
of  decorating  the  graves  of  soldiers  and  sailors  who  have  served 
in  the  army  or  navy  of  the  United  States  in  time  of  war.  not  ex- 
ceeding three  hundred  dollars  yearly,  to  be  given  to  and  expended 
by  committees  appointed  by  the  Grand  Army  of  the  Republic  or 
hy  committees  appointed  by  the  Spanisli  War  Veterans,  so  long 
as  they  shall  continue  the  services  of  Memorial  Day  as  originally 
established  and  at  present  observed  by  that  organization,  and 
thereafter  to  such  persons  or  organization  as  shall  continue  such 
services  in  the  several  towns ;  to  provide  and  maintain  armories 
for  military  organizations  stationed  therein  which  form  part  of 
the  New  Hampshire  National  Guard  or  reserved  militia,  not  ex- 
ceeding two  Inindred  dollars  yearly  for  each  organization;  to  pro- 
vide means  for  the  extinguishment  of  fires ;  to  establish  and  main- 
tain public  libraries  and  reading  rooms  or  to  assist  in  the  mainte- 


534 


Chapter  59. 


[1913 


Takes  effect 
on   passage. 


nance  of  any  library  or  reading  room  that  is  kept  open,  for  the 
free  use  of  all  the  inhabitants  of  the  town ;  to  establish  cemeteries, 
and  parks  or  commons,  and  to  improve  the  same ;  to  provide  and 
maintain  receiving  tombs;  to  set  out  and  care  for  shade  and  orna- 
mental trees  in  highways,  cemeteries,  commons  and  other  public 
places;  to  provide  and  maintain  suitable  coasting  and  skating 
places,  not  exceeding  five  hundred  dollars  yearly ;  [to  establish,  equip, 
and  maintain  suitable  places  for  playgrounds;  to  aid  free  public 
band  concerts,  not  exceeding  eight  hundred  dollars  annually;]  to 
procure  the  detection  and  apprehension  of  any  person  committing 
a  felony  therein;  to  prepare  and  publish  the  history  of  the  town; 
to  maintain  and  record  weather  observations ;  and  for  all  necessary 
charges  arising  within  the  town ;  but  no  money  shall  be  raised 
or  appropriated  at  any  special  town  meeting  except  by  vote  by 
ballot,  nor  unless  the  ballots  cast  at  such  meeting  shall  be  equal 
in  number  to  at  least  one  half  of  the  number  of  legal  voters  borne 
on  the  check-list  of  the  town  at  the  annual  or  biennial  election 
next  preceding  such  special  meeting ;  and  such  check-list  may  be 
used  at  such  meeting  upon  the  request  of  ten  legal  voters  of  the 
tov.n. 

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

[Approved  April  3.  1913.] 


CHAPTER  59. 


AN  ACT  IN  AMENDMENT  OF  SECTION  18,  CHAPTER  286  OF  THE  PUBLIC 
STATUTES,  AS  AMENDED  BY  CHAPTER  8  OF  THE  SESSION  LAWS  OF  1907, 
RELATING  TO  THE  SALARY  OF  THE  SHERIFF  OF  COOS  COUNTY. 


Section" 

1.      Annual  salary  of  $800. 


I    Sectiox 

I         2.      T;ikes  effect   on  passage. 


Be   if   rnacffd   h]/    flir   Sriiatr   cnid   House   of  Representatives   in 
General  Court   conveneeJ: 


Annual   salary 
of  $800. 


Takes  effect 
on   passage. 


Section  1.  That  section  18  of  chapter  286  of  the  Public  Statutes 
of  New  Hampshire  as  amended  by  chapter  8  of  the  session  Laws  of 
1907  be  amended  by  striking  out  the  word,  "four."  in  the  12th  line 
of  said  section,  and  inserting  in  place  thereof  the  word,  eight, 
so  that  said  line  shall  read,  in  Coos,  eight  hundred  dollars. 

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

[Became  a  law  Avithout  the  governor's  signature.  April  7.  1913.] 


1913]  Chapters  60,  Gl.  535 

CHAPTER  60. 

AX  ACT  FOR  THE  BETTER  PROTECTION  OF  BLACK  BAS8. 


Section 

1.      Taking     prohibited     duriug     certaTu 
months;  penalty. 


Section 

2.      Repeajing  clause;  act  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  or  kill  any  black  bass  in  Protection  during 
any  of  the  waters  of  this  state,  except  tide  waters,  during  the 
months  of  April,  May  and  June,  of  any  year,  he  shall  be  fined  ten 
dollars  ($10)  for  each  fish  so  taken  or  killed. 

Sect.  2.     All  acts  or  parts  of  acts  inconsistent  witli  this  act  Repealing  clause; 
are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage,  on  passage. 

[Approved  April  8,  1913.] 


CHAPTER  61. 


AN   ACT  to   amend  SECTION   1   OF  CHAPTER   11   OF   THE  LAWS  OF   1911, 
RELATING   TO   FISH   AND   GAME. 

Section  i    Section 

1.      Protection    of    muskellonge    and   pike  2.      Takes  effect  on  passage, 

in    Connecticut    river. 

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

Section  1.     Section  one  of  chapter  eleven  of  the  Laws  of  1911  Protection   of 
is  hereby  amended  by  inserting  after  the  words  "Lake  Spofford  necticut  river. 
or  Chesterfield"  the  words  and  the  Connecticut  river  in  Cheshire 
county,  so  that  said  section  as  amended  shall  read  :     Section  1 . 

[That  section  59  of  said  chapter  79  be  amended  by  inserting  the 
word  Massabesic  between  the  word  "Winnipesaukee"  and  the  word 
"Winnisquam"  so  that  said  section  as  amended  shall  read  as  fol- 
lows.   Sect.  59.]     If  any  person  shall  take  or  kill  any  muskellonge, 

[pickerel,]  pike,  or  grayling  in  any  of  the  waters  of  this  state 
between  the  fifteenth  day  of  January  in  any  year  and  the  first 
day  of  June  next  following,  except  that  pickerel  may  be  taken  in 


536 


Chapter  62. 


[1913 


Takes   effect 
on   passage. 


January.  February,  and  March,  from  the  waters  of  Lake  Winni- 
pesaukee.  ]Massabesie.  Winuisquam,  Asquam,  and  Went  worth,  and 
that  niuskellonge  and  pike  may  be  taken  in  January,  February,  and 
March,  from  the  waters  of  Lake  Spofford  or  Chesterfield,  and  the 
Connecticut  river  in  Cheshire  county,  he  shall  be  fined  ten  dollars 
($10)  for  each  offense. 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

[Approved  April  8,  1913.] 


CHAPTER  62. 


AK  ACT  TO   REGULATE  COSTS  IN  TRUSTEE  SUITS. 


Sectiox 

1.  Costs   limited   in   certain    cases. 

2.  Excessive  costs,  penalty  for  demand- 

ing  or   receiving. 


Section 

3.      Repealing  clause;   act  takes  effect  on 
passage. 


Be   it   enacted   by   the   Senate   and  House   of  Representeitives   in 
Genei-al  Court  convened: 


Costs    limited 
certain    cases. 


Penalty  for  exces- 
sive  costs. 


Repealing    clause 
act   takes   effect 
on   passage. 


Section  1.  In  all  cases  where  suit  is  brought  and  the  personal 
earnings  of  the  defendant  held  under  the  trustee  process,  and  a 
settlement  of  the  action  is  made,  or  tendered,  by  the  defendant,  or 
by  some  other  person  in  liis  behalf,  prior  to  the  return  day  of  the 
writ,  the  following  items  of  costs,  and  no  more,  shall  be  chargeable 
to  the  defendant :  The  fees  of  the  officers  serving  the  writ  as  fixed 
by  law :  for  the  writ,  one  dollar. 

Sect.  2.  If  any  person  shall  demand  or  receive  from  a  defend- 
ant in  connection  with  the  settlement  of  any  trustee  suit  any  sum, 
or  sums  of  money,  or  other  thing  of  value  whatever  in  excess  of  the 
provisions  of  this  act.  he  shall  be  fined  not  less  than  ten  dollars  and 
not  more  than  twenty  dollars  for  each  offense. 

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


[Approved  April  8.  1913.] 


1913] 


Chapter  63. 


537 


CHAPTER  63. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  105  OF  THE  LAWS  OF  1909.  EN- 
TITLED ''AN  ACT  IN  AMENDMENT  OF  CHAPTER  79,  SESSION  LAWS  OF 
1901,  AS  AMENDED  BY  THE  SESSION  LAWS  OF  1903.  1905,  1907, 
RELATING  TO  THE  OPEN  SEASON  ON  DEER." 


Sectiox 

1.      Open  season   in  Coos  county. 


Section 

2.     Takes    effect    on    passage;    repealing 
clause. 


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

Section  1.     That  [section  1.]  chapter  105,  session  Laws  of  1909,  cooT  cS"  ''' 
be  amended  as  follows :    Strike  out  in  the  sixth  line  of  said  section 
the  words  ''during  the  months  of  October  and  November"  and  in- 
sert in  place  thereof  the  words  from  October  fifteenth  until  De- 
cember fifteenth   at  midnight  so  that  said  section,   as  amended, 
shall  read :     Section  1.     That  chapter  79,  session  Laws  of  1901, 
as  amended  by  the  session  Laws  of  1903,  1905,  1907,  be  amended 
as  follows:     Strike  out  the  whole  of  section  16  of  said  chapter 
79,  and  substitute  therefor  the  following:  Sect.  16.       No  person 
shall  hunt,  catch,  kill  or  destroy  any  deer  within  the  limits  of  the 
county   of   Coos,   except   from   October  fifteenth   until  December 
fifteenth   at  midnight   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  counties  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,  Straf- 
ford and  Rockingham  witli  sliotguns  only,  using  a  single  ball  or 
loose  buckshot.     Nothing  in  the  foregoing  shall  be  construed  to 
deprive  any  person  of  his  right  at  any  time,  to  protect  his  property 
from   the   depredation   of   deer,   but   any   person   so   killing   them 
shall  immediately  notify  the  fish  and  game  commissioners  of  that 
fact,  and  whenever  the  commissioners  or  their  agents  shall  find  the 
killing  was  warranted,  the  carcasses  of  animals  so  killed  shall  be 
awarded  to  the  person  whose  property  was  being  damaged.     Noth- 
ing herein  contained  shall  be  construed  to  repeal  or  affect  existing 
legislation  relating  to  the  Blue  Mountain  Forest  Park  Association. 
Nothing  herein  contained  shall  prevent  the  shooting  of  deer  with 
a    rifle   in   tlie   following   towns   in   Merrimack   county:    Andover, 
Wilmot.  Danbury,  Hill.  New  London,  Sutton.  Bradford,  Warner, 
Salisbury.  Henniker.  Webster  and  Newburv. 


538  Chapter  64.  [1913 

^as'^sl^  e^-^re'  e^"         Sect.  2.     Tliis  act  sliall  take  effect  upon  its  passage,  and  all  acts 
ing  clause.  and  pavts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 

[Approved  April  8,  1913.] 


CHAPTER  64. 


AN  ACT  IN  AMENDMENT  OF  SECTION  5  OF  CHAPTER  211  OF  THE  PUBLIC 

STATUTES,     ENLARGING     THE     .JURISDICTION     OF     POLICE     COURTS     IN 

CRIMINAL  CASES. 

/ 
Section  Section- 

1.  Criminal    jurisdiction    enlarged.  3.      Takes  effect  on  passage. 

2.  Repealing  clause. 

Be  it   enacted   hy   the   Se»atc   (Did  House   of  Representatives   in 
General  Court  convened: 

Criminal  jurisdic-  SECTION  1.  Section  5  of  chapter  211  of  the  Public  Statutes  is 
en  arge  .  ];^gj.e|3Y  amended  by  striking  out  the  words  "and  criminal  cases" 
in  the  fourth  line  of  said  section  and  inserting  in  place  thereof 
the  following :  And  shall  have  jurisdiction  to  try  and  determine, 
subject  to  the  respondent's  right  of  appeal  and  trial  by  jury,  all 
criminal  causes  wherein  the  offense  charged  is  punishable  by  a 
fine  not  exceeding  five  hundred  dollars  ($500),  by  imprisonment 
not  exceeding  one  year  in  the  house  of  correction  or  jail,  or  by 
both  such  fine  and  imprisonment,  so  that  said  section  as  amended 
shall  read  as  follows :  Sect.  5.  Police  courts  shall  have  the  juris- 
diction and  cognizance  of  all  suits  and  proceedings  which  may  be 
heard  before  a  justice  of  the  peace,  shall  have  the  powers  of  a 
justice  of  the  peace  and  quorum  throughout  the  state  in  civil  cases, 
and  shall  have  jurisdiction  to  try  and  determine,  subject  to  the 
respondent's  right  of  appeal  and  trial  by  jury,  all  criminal  causes 
wherein  the  offense  charged  is  punishable  by  a  fine  not  exceeding 
five  hundred  dollars  ($500),  by  imprisonment  not  exceeding  one 
year  in  the  house  of  correction  or  jail,  or  both  such  fine  and  im- 
prisonment, and  may  make  suitable  rules  for  regulating  the  business 
of  the  court. 

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

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

on   passage. 

[Approved  April  10,  1913.] 


19131 


Chapters  65,  66. 


539 


CHAPTER  65. 

AN  ACT  IN  ADDITION  TO  CHAPTER  173  OF  THE  PUBLIC  STATUTES,  RE- 
LATING TO  THE  DUTIES  OF  TOWN  CLERKS  REGARDING  MARRIAGE 
RECORDS. 


Section 

1.      Marriage    of    non-resident,    how    cer- 
tified. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.  In  addition  to  the  duties  required  of  the  clerks  of  Marriage  of  non- 
towns  and  cities  by  chapter  173  of  the  Public  Statutes,  it  shall  be  certified! 
the  duty  of  such  clerks,  whenever  a  certificate  is  filed  with  them  of 
the  marriage  of  any  person  not  a  resident  of  the  town  or  city 
where  such  marriage  is  solemnized,  to  forward,  within  ten  days 
after  such  filing,  an  attested  copy  of  such  certificate  to  the  clerk 
of  the  town  or  city  where  each  of  the  persons  so  married  shall 
reside,  as  such  residence  is  stated  in  said  certificate,  whether  in 
this  state  or  any  other  state. 

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

^  ^  ^  on  passage. 

[Approved  April  15.  1913.] 


CHAPTER  66. 

AN  ACT  REGULATING  THE  LAPSING  OF  .APPROPRIATIONS. 


Section 

1.      Unexpended   portions   to   lapse    after 
three  years. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.     Unless  otherwise  specially  provided  all  unexpended  to  lapse  after 
portions  of  appropriations,  whether  general  or  special,  shall  lapse     ^^^  ^®*"' 
at  the  expiration  of  three  years  from  the  date  when  the  act  creating 
the  appropriation  first  took  effect. 

Sect.  2.     This  act  shall  take  effect  upon  its  i)assage.  Takes  effect 


on   pa«sage. 


[Approved  April  15,  1913.] 


540  Chapters  67,  68.  [1913 

CHAPTER  67. 

AN  ACT  IX  AMENDMENT  OF  SECTION  11,  CHAPTER  59,  PUBLIC  STATUTES, 
RELATING    TO    ABATEMENT   OP    TAXES. 

Section  }    Sectiox 

1.      Abatement   of   tax  by  court.  >        2.      Takes  effect  September  1,   1913. 

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

tithT^oJt.  Section   1.     Tliat   section   11,   chapter  59,   Public   Statutes,   be 

amended  by  striking  out  tlie  words  ' '  nine  months ' '  in  the  third  line 
of  said  section  and  inserting  in  place  thereof  the  words  six  months, 
and  by  striking  out  the  word  ''supreme"  in  the  fourth  line  of  said 
section  and  inserting  in  place  thereof  the  word  superior  and  also 
by  striking  out  the  words  ''at  a  trial  term''  in  the  fifth  line  of 
said  section,  so  that  said  section  as  amended  shall  read  as  follows : 
[Sect.  11.]  If  they  neglect  or  refuse  so  to  abate,  any  person 
aggrieved,  having  complied  with  the  requirements  of  chapter  57, 
may,  within  six  months  after  notice  of  such  tax  and  not  afterward, 
apply  by  petition  to  the  superior  court  in  the  county,  wdiich  shall 
make  such  order  thereon  as  justice  requires. 

Jemblr  f "ilif^"      ^^^''^-  2-     This  act  shall  take  effect  September  1,  1913. 

[Approved  April  15,  1913.] 


CHAPTER  68. 


AN    ACT   IN   amendment   OF   SECTION    3.    CHAPTER    252   OF   THE   PUBLIC 
statutes,   RELATING   TO   EXAMINATIONS   AND   APPEALS. 


Section 

1.      Police   court    or    justice   may    reriuire 
Vjail  of   $500   on    appeal. 


Section 

2.     Repealing  clause;   a-'t  takes  effect  on 
passage. 


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

Police    court    or      SECTION  1.     Sectiou  3  of  chaiitcr  252  of  the  Public  Statutes  is 

justice      may      re-  ' 

quire  bail  of  $500  hereby  amended  by  striking  out  the  words  ' '  one  hundred ' '  in  the 
third  line  of  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: five  hundred,  so  that  said  section  as  amended  shall  read 
as  follows:  Sect.  3.  Before  the  appeal  is  allowed,  the  appellant 
shall  enter  into  recognizance,  with  sufScient  sureties,  in  such  sum  as 
the  court  shall  order,  not  exceeding  five  hundred  dollars,  to  appear 
at  the  court  of  appeal,  to  prosecute  his  appeal  with  effect,  to  abide 


1913]  Chapters  69,  70.  541 

the  order  of  the  court  thereon,  and,  if  so  required,  to  be  of  good 
behavior  in  the  meantime. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  Kepeaiing  clause; 
are  hereby  rejiealetl  and  this  act  shall  take  effect  upon  its  passage,  l^^  passage.''^^*'* 

[Approved  April  15.  1913.] 


CHAPTER  69. 


AN  ACT  TO  AMEND  SECTION  1  OF  CHAPTER  267  OF  THE  PUBLIC  STATUTES 
AS  AMENDED  BY  CHAPTER  8  OF  THE  SESSION  LAWS  OF  1909,  RELAT- 
ING TO  CRUELTY  TO  ANIMALS. 

Section    1.      Purchase    of    unfit    animal   prohibited;    penalty. 

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

Section  1.  Amend  section  1  of  chapter  267  of  the  Public  Stat-  Purchase  of  unfit 
utes  by  inserting  after  the  word  ''use"  in  the  second  line  thereof  penalty, 
the  word  buy,  so  that  said  section  as  amended  shall  read  as  follows : 
Section  1.  If  any  person  shall  overdrive,  overwork,  drive  when 
overloaded,  use,  buy,  sell  or  exchange  when  unfit  for  labor,  torture, 
deprive  of  necessary  sustenance  or  shelter,  cruelly  beat,  mutilate,  or 
kill,  cruelly  abandon,  or  transport  in  an  umiecessarih^  cruel  or  in- 
human manner,  any  animal,  or  shall  aid  therein,  or  shall  knowingly 
and  wilfully  permit  any  animal  in  his  care  to  be  subjected  to  un- 
necessary torture,  suffering,  or  cruelty  of  any  kind,  he  shall  be 
fined  not  exceeding  two  hundred  dollars,  or  be  imprisoned  not  ex- 
ceeding one  year  or  both,  for  each  offense. 

[Approved  April  ]5,  ]913.] 


CHAPTER  70. 

AN    ACT    IN     .AMENDMENT    OF    CHAPTER    198    OF    THE    LAWS    OF     1911 
RELATING   TO   THE   BUREAU    OF    LABOR. 

Section    1.      Salary   of   ciimmissioner   payable   monthly. 

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

Section  1.     Chapter  198  of  the  Laws  of  1911,  section  1,  is  hereby  Salary  of  commis- 
amended  by  striking  out  the  word  "quarterly"  and  inserting  in  month ly.*^^'" 


542  Chapter  71.  [1913 

place  thereof  the  word  luouthly  so  that  said  section  as  amended  shall 
read  as  follows :  Section  1.  The  office  of  commissioner  of  labor  is 
hereby  abolished  and  a  bureau  of  labor  is  established  in  place  there- 
of in  accordance  with  the  provisions  of  this  act.  Said  bureau  of 
labor  shall  consist  of  a  labor  commissioner  who  shall  be  appointed 
by  the  governor  with  the  advice  and  consent  of  the  council,  within 
thirty  days  after  the  passage  of  this  act,  and  such  clerks  and  assis- 
tants 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  successor  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  same  manner  for  the 
same  term.  Any  vacancy  existing  in  the  office  of  labor  commis- 
sioner shall  be  filled  for  the  unexpired  portion  of  the  term  by  ap- 
pointment by  the  governor  with  the  advice  and  consent  of  the 
council.  Said  commissioner  sliall  appoint  a  clerk  of  the  bureau 
and  such  other  clerical  assistants  as  may  be  necessary  and  fix  tlieir 
compensation  subject  to  the  approval  of  the  governor  and  council. 
The  records  of  said  bureau  shall  be  public  records  open  to  the  in- 
spection of  any  person  interested.  Tlie  salary  of  said  labor  com- 
missioner shall  be  one  thousand  six  hundred  dollars  ($1,600)  a 
year,  payable  monthly  by  the  state  treasurer  in  full  for  his  services, 
and  his  actual  expenses  incurred  in  the  work  of  his  office  shall  be 
paid  by  the  state  treasurer  on  duly  detailed  voucliers  approved 
by  the  governor. 

[Approved  April  15.  1913.] 


CHAPTER  71. 


AN   ACT  RELATIVE   TO   PROCURING   BY  FALSE  REPRESENTATION   SALES  OR 
DELrV^ERY  OF  INTOXICATING  LIQUORS  BY  MINORS. 

Skction'  I    Sectiox 

1.      False    statement    as    to    age,    penalty.    '         2.      Act  limited;    takes  effect  on  passage. 

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

False  statement  as  SECTION  1.  Whocver  being  a  uiiuor.  makes  a  false  statement  as 
to  age,  penalty.  ^^  j^-^  ^^.  j^^^.  ^^^  -^^  ^j.^^g^.  ^^  procure  a  salc  or  delivery  of  intoxi- 
cating liquor,  either  for  his  or  her  own  use,  or  for  the  use  of 
another,  and  whoever  knowingly  makes  a  false  statement  as  to 
the  age  of  a  minor  in  order  to  procure  a  sale  or  delivery  of  intoxi- 
cating liquor  to  such  minor,  either  for  the  use  of  the  minor  or  for 


1913]  Chapte:r  72.  543 

the  use  of  some  other  person,  or  M'hoever  induces  a  minor  to  make 
a  false  statement  as  to  his  or  her  age,  in  order  to  procure  a  sale  or 
delivery  of  intoxicating  liquor  to  such  minor,  shall  be  guilty  of  a 
misdemeanor  and  may  be  punisliable  by  a  fine  of  not  more  than 
twenty  dollars,  provided,  Jiowcver,  that  no  person  involved  in  any 
way,  directly  or  indirectly,  in  an  alleged  violation  of  this  act,  shall 
be  excused  from  testifying  in  any  prosecution  against  any  person 
for  an  alleged  illegal  sale  of  liquor,  for  the  reason  that  such  testi- 
mony might  incriminate  himself ;  but  no  testimony  so  given  by  him 
shall  be  used  as  evidence  in  any  prosecution  against  him  for  any 
part  he  may  have  had  in  any  alleged  violation  of  this  act,  nor 
shall  he  thereafter  be  ]irosecuted  for  any  otfense  so  disclosed  by 
him. 

Sect.   2.     Nothing  in  this  act  shall  be  construed  to  repeal  or  Act  limited;  takes 
affect  the  provisions  of  chapter  95  of  the  Laws  of  1903,  being  An     ^    °°  ^  *'^^^*^' 
act  to  regulate  the  traffic  in  intoxicating  Liquors,  or  amendments 
thereto,  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  April  15,  1913.] 


CHAPTER  72. 

AN  ACT  TO  PROVIDE  FOR  THE  APPOINTMENT  OP  A  COMMISSION  OF  THREE 
PERSONS  TO  INVESTIGATE  MATTERS  RELATING  TO  THE  WELFARE  OF 
THE    DEPENDENT,    DEFECTIVE    AND    DELINQUENT    CHILDREN    OF    THE 

STATE. 

Section  | ^  Section 

1.      Commission    pinvided    for.  '         2.      Takes   effect   on   passage. 

Be  if  enacted  'by  the  Senate  and  House  of  Representatives  in 
Genered   Court   convened: 

Section  1.  That  the  governor  and  council  be  hereby  authorized  Commission 
to  appoint  three  suitable  persons  who  shall  investigate  all  matters 
relating  to  the  welfare  of  the  dependent,  defective,  and  delinquent 
children  of  the  state,  especially  the  questions  of  orphanage,  juvenile 
courts,  detention  homes,  desertion,  physical  and  mental  degeneracy, 
infant  mortality,  accidents  and  diseases  and  make  report,  with  rec- 
ommendations concerning  the  above  matters,  to  the  legislature  of 
1915,  said  commission  to  serve  without  compensation  except  for 
necessary  expenses,  and  the  governor  is  hereby  authorized  to  draw 
his  warrant  for  such  actual  reasonable  expenses  of  said  commission. 

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

on   passage. 

[Approved  April  15,  1913.] 


544 


Chapters    73,  74. 


[1913 


CHAPTER  73. 

AN  ACT  TO  AMf:XD  SECTION  8  OF  CHAPTER  46  OF  THE  PUBLIC  STATUTES 
IN  RELATION  TO  THE  HOl'R  OF  OPENING  THE  POLLS  IN  CITIES. 


Skctiox 

1.      Polls,    when    to    be    opened. 


Polls,  when  fo 
be  opened. 


Takes  effect 
on   passage. 


Sectiox 

2.      Takes    effect    on    passage. 


B(    it   enacted    hij    flie    Senate   anel   Henise    ejf  Represe)ifatives    in 
General   Court   co)iveneel: 

Section  1.  Amend  section  8  of  chapter  46  of  the  Public  Statutes 
by  striking  out  the  words  "nine  o'clock  in  the  forenoon  of  the  day 
of  election"  in  the  second  [and  third]  line  and  insert  in  place 
thereof  the  following :  any  time  between  the  hours  of  six  and  nine 
o'clock  in  the  forenoon  of  the  day  of  election  as  city  councils  in 
said  city  shall  determine,  so  that  said  section  as  amended  shall 
read  as  follows :  Sect.  8.  In  all  elections  by  the  voters  in  their 
wards  the  polls  shall  be  opened  at  any  tinte  between  the  hours  of 
six  and  nine  o'clock  in  the  forenoon  of  the  day  of  election,  as 
city  councils  in  said  city  -shall  determine,  and  shall  be  kept  open 
until  three  o'clock,  and  not  later  than  six  o'clock  in  the  afternoon, 
as  the  meeting  shall  direct :  and  but  one  balloting  shall  be  had 
during  the  day  for  each  officer  to  be  voted  for;  but  this  section 
shall  not  apply  to  special  elections  called  to  fill  vacancies  in  any 
ward  office. 

Sect.  2.     This  act  shall  take  eff^ect  upon  its  passage. 

[Approved  April  ITx  1913.] 


CHAPTER  74. 


AN  ACT  RESPECTING  THE  EXPENSES  OF  STATE  OFFICIALS  WHILE  BEYOND 
THE   STATE   UPON   OFFICIAL   BUSINESS. 


Advance 
authorization. 


Section 

1.  Advance   authorization  required. 

2.  Duty   of   state   auditor. 


Sectiox 

3.  Application    of   act    limited. 

4.  Takes    effect    on    passage. 


Be   it   enacteel   hij    the   Senate   anel   House    of   Representatives   in 
General  Court   convened: 

Section  1.  Expenses  for  out-of-the-state  trii)S  by  state  officials 
or  employees  shall  not  be  a  charge  against  the  state  treasury, 
unless  advance  authorization  for  said  trips  has  been  procured  from 
the  governor  and  council. 


1913]  Chapter  7.').  '545 

Sect.    2.     The   state   auditor   shall   not   give   audit   to   bills   for  Duty  of  state 

p  T  •  •  -1  1  1  -J  auditor. 

expenses  reierred  to  ni  section  1,  uidess  the  same  are  acconipamed 
by  evidence  showing  the  required  authoi'ization. 

Sect.  3.     The  provisions  of  this  act  shall  not  apply  to  expenses  Limitatian. 
for  such  trips  as  may  be  specifically  authorized   by  statute,   nor 
to  the  expense  of  inter-state  trips,  incident  to  the  regular  conduct 
of  state  business,  having  their  starting  point  and  point  of  termina- 
tion within  the  state. 

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

on   passage. 

[Approved  April  1.").  1913.] 


CHAPTER  75. 


AN  ACT  IN  AMENDMENT  OF  SECTION  19  OF  CHAPTER  155  OF  THE  LAWS 
OF  1909,  RELATING  TO  SALE  OF  STATE  BONDS. 

Sectiox    1.      Residents    of    New    Hatnpsliire   not   to   be   preferred   in    sale. 

Be    it   enacted    htj    the   Se)iatc    and   Iloasc    of   Representatives   in 
Oeneral  Court  convened: 

Section  1.  Section  19  of  chapter  155  [35]  of  the  Laws  of  1909  Residents  of  Xew 
[1905]  is  hereby  amended  by  striking  out  of  said  section  the  f ol- be  preferred, 
lowing  words  in  the  twenty-sixth,  twenty-seventh  and  twenty-eighth 
lines:  "Before  said  bonds  are  negotiated  and  sold  they  shall  be 
offered  for  at  least  thirty  days  to  residents  of  the  State  of  New 
Hampshire  at  par  value  and"  so  that  said  section  as  amended  shall 
read  as  follows:  Sect.  19.  The  treasurer  of  the  state  is  hereby 
authorized  under  the  direction  of  the  governor  and  council,  to  issue 
bonds  or  certificates  of  indebtedness  in  the  name  and  on  behalf  of 
the  state  to  an  amount  not  exceeding  one  million  dollars,  payable  in 
such  sums  and  at  such  times,  not  exceeding  thirty  years,  as  the 
governor  and  council  shall  determine.  They  shall  bear  interest 
not  to  exceed  31^  per  cent,  per  annum,  payable  semi-annually,  and 
have  interest  coupons  attached  to  each  bond  and  said  bonds  and 
coupons  shall  be  signed  by  the  treasurer  and  be  made  payable  at 
such  place  or  places  as  the  governor  and  council  shall  designate. 
Such  bonds  shall  be  called  the  highway  bonds  and  shall  be  counter- 
signed by  the  governor  and  shall  be  deemed  a  pledge  of  the  faith 
and  credit  of  the  state.  The  secretary  of  state  shall  keep  an  account 
of  all  such  bonds  countersigned  by  the  governor,  showing  the  num- 
ber and  amount  of  each  bond,  the  time  of  countersigning,  the  time 
when  payable  and  the  date  of  delivery  to  the  treasurer.     The  treas- 


546 


Chapter  76. 


[1913 


iirer  shall  kee"}!  an  account  of  each  bond,  showing  the  nnmber  there- 
of, 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  by  direction  of  the 
governor  and  council  in  such  manner  as  they  may  determine  most 
advantageous  to  the  state,  but  the  amount  to  be  issued  in  any  one 
year  shall  not  exceed  one  fourth  of  the  total  authorized  issue,  and 
no  bond  shall  be  sold  for  less  than  its  par  value  nor  sliall  sucli  l)onds 
be  loaned,  pledged,  or  hypothecated  in  any  way  whatever  in  behalf 
of  the  state.  All  bonds  so  disposed  of  shall  not  be  taxable  in  this 
state,  provided  they  are  held  by  residents  of  this  state,  and  shall 
bear  interest  at  3  per  cent.  The  proceeds  of  the  sale  of  said  bonds 
shall  be  held  by  the  treasurer,  and  paid  by  him  upon  warrants 
drawn  by  the  governor  for  the  purposes  of  this  act,  but  no  proceeds, 
however,  shall  be  used  for  the  maintenance  of  highways  or  for  any 
purpose  except  permanent  construction  or  improvement  as  herein 
provided,  and  for  the  necessary  expenditures  in  the  administration 
of  this  act. 

[Approved  April  15,  1913.] 


CHAPTER  76. 


AN  ACT  RELATING  TO  THE  OFFICE  OF   CLERK  OF  THE  PUBLIC  PRINTING 

COMMISSION. 


Section 

1.      State    indexer    to    perform    duties. 


Section 

2.      Takes  effect   July   1,    1913. 


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


State  indexer  to        SECTION  1.     The  duties  of  the  clerk  of  tlie  public  printing  com- 
perform  duties,      missiou  shall  be  performed  by  the  state  indexer  of  records  as  a  part 

of  his  official  duties,  and  without  further  compensation  therefor. 
Takes  effect  Sect.  2.     This  act  shall  take  effect  July  1,  1913. 

July  1,   1913. 

[Approved  April  15,  1913.] 


1913]  CH.VPTERS  77,  78.  547 

CHAPTER  77. 

AX  ACT  IN  AMENDMENT  OF  SECTION  8  OF  CHAPTER  65  OF  THE  PUBLIC 
STATUTES  RELATIVE  TO  THE  TAXATION  OF  DOMESTIC  INSURANCE 
COMPANIES. 

Section     1.      Sworu    return     of    capital    and    shareholders. 

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

Section  1.     Amend  section  8  of  chapter  65  of  the  Public  Statutes  Swom  return  of 

capital    and 

by  striking  out  the  word  "fire"  m  the  first  line  thereof,  so  that  said  shareholders. 

section  as  amended  shall  read  as  follows:     Sect.  8.     The  treasurer 

of  every  stock  insurance  company  organized   under  the  laws   of 

and  doing  business  in  this  state  shall,  on  or  before  the  first  day  of 

May,  annually,  transmit  to  the  state  treasurer  a  statement  under 

oath  of  the  amount  of  its  paid-up  capital,  and  the  name,  residence, 

and  number  of  shares  of  each  shareholder  of  the  corporation  on  the 

first  day  of  April  next  preceding. 

[Approved  April  15.  1913.] 


CHAPTER  78. 


AN  ACT  relating  TO  THE  LICENSING  OF  INSURANCE  AGENTS. 

Sectiox  I    Section 

1.  Licenses,  issuance  and  revocation  of.    I         3.      Repealing    clause;     act    takes    effect 

2.  Transaction      of      business      by      un-    I  January  1,   1914;   licenses  then   in 

licensed   person,    penalty.  '  force    saved. 

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

'    Section  1.     T^pon  written  notice  bv  an  insurance  company  au- •^^'*',^°^^^'  issuance 

.  ..."  ^         •  ,Tnd  revocation  ot 

thorized  to  transact  business  in  this  state  of  its  appointment  of  a 
person  to  act  as  its  agent  herein,  the  insurance  commissioner  shall, 
if  he  is  satisfied  that  the  appointee  is  a  suitable  person  and  intends 
to  hold  himself  out  in  good  faith  as  an  insurance  agent,  issue  to 
him  a  license  which  shall  state,  in  substance,  that  the  company  is 
authorized  to  do  business  in  this  state  and  that  the  person  named 
therein  is  the  constituted  agent  of  the  company  in  this  state  for 
the  transaction  of  such  business  as  it  is  authorized  to  transact 
herein.  Such  notice  shall  be  upon  a  form  furnished  by  the  in- 
surance  commissioner  and   shall  be   accompanied   by   a   statement 


548  Chapter  78.  [1913 

under  oatli  by  the  appointee  which  shall  give  his  name,  age,  resi- 
dence, present  occupation,  his  occupation  for  the  five  years  next 
preceding  the  date  of  the  notice,  and  such  other  information,  if 
any,  as  the  insurance  commissioner  may  require,  upon  a  blank 
furnished  by  him.  The  insurance  conunissioner  may  at  any  time 
after  the  granting  of  such  license,  for  cause  shown,  and  after  a 
hearing,  determine  any  person  so  appointed,  or  any  person  there- 
tofore appointed  as  agent,  to  be  unsuitable  to  act  as  such  agent,  and 
shall  thereupon  revoke  such  license  and  notify  both  the  company 
and  the  agent  of  such  revocation.  Unless  revoked  by  the  commis- 
sioner, or  unless  the  company  by  written  notice  to  the  commissioner 
cancels  the  agent's  authority  to  act  for  it,  such  license  and  any 
other  license  issued  to  an  agent  or  any  renewal  thereof  shall  expire 
on  the  thirty-first  day  of  ^March  next  after  its  issue.  But  any 
license  issued  and  in  force  when  this  act  takes  effect  or  thereafter 
issued,  may,  in  the  discretion  of  the  commissioner,  be  renewed  for 
a  succeeding  year  or  years  by  a  renewal  cj^rtificate  without  the  com- 
missioner's requiring  the  detailed  information  required  by  this  act. 
A  foreign  company  shall  pay  a  fee  of  two  dollars  for  every  such 
license  and  for  each  renewal  thereof.  While  such  license  remains 
in  force,  a  foreign  company  shall  be  bound  by  the  acts  of  the  person 
named  therein  within  his  apparent  authority  as  its  acknowledged 
agent. 
Transaction  of  Sect.   2.     If  a   persou  sliall  act  or  aid  in  any  manner  in  the 

business   by    un-  .       .  .  i      n  t    -j  '   •  •   i 

licensed  person,     negotiation   01   iiisuraiice,   or  shall  solicit   or  receive   any  risk   or 

penaty.  application  for  insurance,  or,  not  being  a  salaried  office  employee, 

shall  receive  money  or  value  therefor,  for  any  insurance  company 

or  agent,  witliout  a  license  from  the  commissioner,   or  after  the 

license  granted   to  him  or  to  the  company  for  which  he  acts  as 

agent,    has   been    revoked,    he    shall   be   fined   not    exceeding   two 

hundred   dollars;   but   any  policy   issued   on   an   application   thus 

procured  shall  bind  the  company  if  otherwise  valid.     Nothing  in 

this  section  is  to  be  construed  as  relating  to  the  penalty  provided 

by  section  7  of  chapter  171  [of  the  Public  Statutes,]  for  acting  as 

an  agent  of  a  life  insurance  company  without  a  license. 

Repealing  clause:      Sect.  3.     Scctious  9,  10.  11  and  12  of  chapter  168  and  sections 

januarri,*"  1914:  8  and  11  of  chapter  169  of  the  Public  Statutes  and  all  other  acts 

foTro'^saved"  '"     and  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 

■    hereby  repealed   and  this  act  shall  take  effect   January   1,   1914. 

Licenses  issued  and  in  force  at  that  time  shall  remain  in  force  for 

the  remainder  of  the  term  for  which  they  were  issued   and  the 

authority  of  the  agents  of  domestic  companies  shall  cease  on  March 

thirty-first.  1914. 

[Approved  April  15.  1913.] 


19]  3]  Chapter  79.  549 

CHAPTER  79. 

AN  ACT  IX  AMENDMENT  OF  SECTION  78,  CHAPTER  79  OF  THE  LAWS  OF 
1901,  AS  AMENDED  BY  SECTION  11,  CHAPTER  84,  SESSION  LAWS  OF 
1905.   RELATING  TO  THE  CATCHING  OF  LOBSTERS. 

Section'  |    Section 

1.      Lobsters    protected:    i)enalty.  I  2.      Takes   effect   on   passage. 

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

Section  1.     Amend  section  78  of  chapter  79  of  the  Laws  of  1901,  Lobsters  pro- 

.  '■  '  tected ;  penalty. 

as  amended  by  section  11.  chapter  84.  session  Laws  of  1905,  [section 
6.  chapter  11,  Laws  of  1909,]  hy  striking  ont  tlie  words  "ten  and 
one  half  inches'"  and  insert  in  place  thereof  the  words  nine  inches; 
and  further  amend  said  section  by  striking  out  all  of  said  section 
following  the  words  "he  shall  be,"  and  inserting  in  place  thereof 
tile  words  [fined]  five  dollars  for  the  first  lobster,  and 
one  dollar  for  each  additional  lobster  so  caught,  preserved,  had  in 
possession,  sold  or  exposed  for  sale,  for  the  first  offense  and  for 
the  second  offense  he  shall  be  fined  ten  dollars  for  the  first  lobster 
and  five  dollars  for  each  additional  lobster  so  caught,  preserved, 
had  in  possession,  sold,  or  exposed  for  sale,  so  that  said  section  as 
amended  shall  read  :  Sect.  78.  If  any  person  shall  catch,  pre- 
serve, have  in  possession,  sell,  or  expose  for  sale,  any  lobster  under 
nine  inches  in  length,  measuring  from  one  extremity  of  the  body 
to  the  otlier,  oi"  eight  and  three-quarters  inches  in  length  after  being 
cooked  in  any  manner,  exclusive  of  claws  and  feelers,  or  sliall  kill 
or  destroy  any  female  lobster  while  carrying  her  spawn,  he  shall 
be  fined  five  dollars  for  the  first  lobster  and  one  dollar  for  each 
additional  lobster  so  caught,  preserved,  had  in  possession,  sold  or 
exposed  for  sale,  for  the  first  offense ;  and  for  the  second  and  sub- 
sequent offense  he  shall  be  fined  ten  dollars  for  the  first  lobster  and 
five  dollars  for  each  additional  lobster  so  caught,  preserved,  had 
in  possession,  sold,  or  exposed  for  sale. 

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

^  ^  °  on   passage, 

[Approved  April  15,  1913.] 


550 


Chapter  80. 
CHAPTER  80. 


[1913 


AN     ACT     TO     REGULATE     THE     BUSINESS     OF     ASSESSMENT     CASUALTY 

INSURANCE. 


Title  of  prior  act 
amended. 


Requirements 
for   license. 


Section 

1.  Title  of  prior  act  amended. 

2.  Requirements    for   license. 


Section 

3.      Deposit    with    state    treasurer. 


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

Section  1.  Amend  chapter  81.  Laws  of  1895,  entitled  "An  Act 
in  Amendment  of  Chapter  56  of  the  Laws  of  1891,  entitled  'An  Act 
Placing  Certain  Corporations,  Associations.  Societies,  and  Orders 
nnder  the  Jurisdiction  of  the  Insurance  Commissioner,'  "  as  fol- 
lows :  Amend  the  title  of  said  chapter  by  striking  out  the  present 
title  and  by  inserting  in  place  thereof  the  following :  An  Act  to 
regulate  the  Business  of  Assessment  Casualty  Insurance. 

Sect.  2.  Amend  section  1  of  said  chapter  by  striking  out  the 
whole  of  said  section  and  by  inserting  in  place  thereof  the  follow- 
ing: Section  1.  Any  corporation  organized  under  the  authority 
of  any  other  state  or  country,  and  engaged  in  the  business  of  casu- 
alty insurance  upon  the  assessment  plan,  whether  mutual  or  joint 
stock  company,  wliieh  does  not  contract  to  pay  living  policyhold- 
ers or  members  any  tixed  benefit  save  for  bodily  injury  or  physical 
disability  from  any  cause,  shall,  upon  filing  with  the  insurance 
commissioner  copies,  statements,  and  agreements  required  by  chap- 
ter 169  of  the  Public  Statutes,  and  upon  payment  of  the  same 
fees  and  taxes  as  are  required  of  foreign  insurance  companies 
be  licensed  by  the  insurance  commissioner  to  do  business  in  this 
state,  upon  furnishing,  in  addition  to  other  requirements,  a  cer- 
tificate under  oath  of  its  president  and  secretary  that  it  is  paying 
and  for  the  twelve  months  then  next  preceding  has  paid  the  maxi- 
mum amount  named  in  its  policies  or  certificates  in  full  and  that  an 
assessment  upon  its  policyholders  or  members  will  produce  a  sura 
at  least  equal  to  the  maximum  policy  or  certificate  written  by  the 
corporation,  evidence  that  it  has  accumulated  and  maintains,  as 
a  trust  for  the  benefit  of  policy  or  certificate-holders  only,  a  fund 
ecjual  at  least  to  the  amount  which  one  assessment  call  upon  said 
certificate  or  policyholders  would  produce,  and,  of  not  less  than 
ten  thousand  dollars,  invested  as  ]u-ovided  in  section  2  of  chapter 
169  of  the  Public  Statutes;  and  a  cei'tificate  from  the  proper 
authority  of  its  home  state  or  country  that  corporations  of  this 
state,  engaged  in  the  business  of  casualty  insurance  on  the  assess- 
ment plan,  are  legally  entitled  to  do  business  in  such  state  or 
country.     All  companies,  after  they  are  licensed  under  the  pro- 


1913]  Chapter  81.  551 

visions  of  this  act.  shall  in  all  respects  be  subject  to  the  provisions 
of  chapter  169  of  the  Public  Statutes.  - 

Sect.  3.     Amend  section  2  of  said  chapter  bv  striking  out  the  Deposit  with  state 

.  .  -  treasurer. 

words  "or  mortuary'  so  that  said  section  as  amended  shall  read 
as  follows :  Sect.  2.  Of  the  trust  fund  or  reserve  i-equired  to 
be  accumulated  and  maintained  by  the  preceding  section,  such 
corporation  shall  deposit  in  trust  with  the  treasurer  of  this  state 
before  being  licensed  as  aforesaid,  and  shall  keep  on  deposit  with 
such  treasurer,  securities  at  least  equal  in  value  to  the  amount  which 
one  assessment  call  upon  its  certificate  or  policyholders  would 
produce ;  but  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  character.  This  sec- 
tion shall  not  apply  to  any  corporation  which  produces  evidence 
satisfactory  to  the  insurance  commissioner  tliat  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  tlie  treasurer  or 
other  public  fiscal  officer  of  such  state  or  country. 

[Approved  April  15,  1913.] 


CHAPTER  81. 

AN  ACT  IX  AMENDMENT  OF  CHAPTER  133  OF  THE  LAW^;  OF  1911,  EN- 
TITLED "an  act  REPEALING  CHAPTER  S6  OF  THE  LAWS  OF  1905, 
AND  CHAPTER  154  OF  THE  LAWS  OF  1909.  AND  ENACTING  A  MOTOR 
VEHICLE  LAW." 


Section 

1.  Meaning  of   "motor  cycle." 

2.  Operation    and    registration    by    non- 

residents. 

3.  Brakes,    mufflers,    horns,    and    liglits. 

4.  Operation    withoiit    license,     when. 


Seotiox 

5.  Operation     in     proximity    to    horses; 

use    of  horn.    etc. 

6.  Fees  for  registration,   licenses,   etc. 

7.  Act  takes  effect,  when. 


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

Section  1.  That  the  definition  of  '"motor  cycle"  in  section  1  of  Meaning  of 
said  chapter  133  be  amended  by  striking  out  the  same  and  insert-  """"^  *'^*^''' 
ing  in  place  thereof  tlie  following :  Motor  cycle  shall  apply  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,  but 
a  motor  cycle  may  carry  a  one  wheel  attachment  foi-  the  convey- 
ance of  a  passenger. 


552  Chapter  81.  [1913 

Operation  and  8ect.  2.     That  sectioii  3  of  Said  chapter  be  stricken  out  and  the 

non'res^dents.  ^  follovving  be  inserted  in  place  thereof:  Sect.  3.  (a)  A  motor 
vehicle  owned  by  a  non-resident  of  this  state,  wlio  lias  complied 
with  the  laws  of  his  state,  district  or  country,  relating  to  registra- 
tion 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  non-resident  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  covmtry  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  dis- 
played upon  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.  Every  such  registration  shall  expire  at  midnight  upon 
the  thirtieth  day  of  September  in  each  year. 

(b)  A  motor  vehicle  owned  by  a  non-resident  of  this  state  who 
has  complied  with  the  laws  of  his  state  relating  to  registration  and 
licensing  of  motor  vehicles,  who  has  a  bona  fide  actual  residence 
in  a  state  granting  like  privileges  to  residents  of  this  state,  which 
residence  is  located  within  fifteen  miles  by  highway  of  the  border 
line  of  this  state,  may  be  operated  upon  any  ways  of 
this  state  distant  not  more  than  fifteen  miles  from  the 
border  line  of  his  state,  if  application  for  the  registration 
thereof  is  made  in  accordance  with  the  provisions  of  sec- 
tion 2  and  the  proper  fee  provided  for  in  section  26  is  paid 
and  the  said  motor  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,  a  metal  tag  of  suitable  design,  and  oval  in  shape,  to 
have  displayed  upon  it  the  register  number  assigned  to  such  motor 
vehicle,  the  letters  N.  H..  and  figures  showing  the  year  of  the 
issue,  but  no  such  tag  shall  be  furnished  by  the  secretary  for  motor 
cycles.     Such  tag  shall  at  all  times  be  conspicuously  displayed  on 


1913]  Chapter  81.  553 

the  front  of  such  motor  vehicle.  Every  application  tiled  under  the 
provisions  of  (a)  and  (h)  of  this  section  shall  be  sworn  to  by  the 
applicant  before  a  justice  of  the  peace  or  a  notary  public. 

Sect.  3.     Amend  section  7  of  said  chapter  bv  striking  out  tlu' ^lakes,  mufflers, 

.  '      „  -,  .  horns,  and  lights. 

words  "public  highways""  in  the  second  line  thereof,  and  by  insert- 
ing in  place  thereof  the  word  ways ;  by  adding  the  words  and 
suitable  lamps,  after  the  word  "signaling""  in  the  tifth  line  thereof; 
by  striking  out  the  words  "and  shall"  in  the  tifth  line  thereof  and 
substituting  therefor  the  words,  every  automobile  operated,  so 
that  said  section  as  amended  shall  read  as  follows :  Sect.  7.  Every 
motoi-  vehicle,  operated  or  driven  upon  the  ways  of  this  state, 
shall  be  provided  with  adequate  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  adequate  bell,  horn  or 
other  device  for  signaling,  and  suitable  lamps.  Every  automobile 
operated  during  the  periotl  from  one  half  hour  after  sunset  to 
one  half  hour  before  sunrise,  shall  display  at  least  two  lighted 
lamps  on  the  front  and  one  on  the  rear  of  such  vehicle,  which 
shall  also  display  a  red  light  visible  from  the  rear.  The  rays  of 
such  rear  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  visible  at  least  two  hundred  feet  in  the  direction  in  which  the 
motor  vehicle  is  proceeding. 

Sect.  4.     Amend  section  !)  of  said  chapter  by  striking  out  the  Operation  without 

.       '.  ..-,,,.  license,  -when. 

words,  "During  the  period  of  ten  days  within  which  in  the 
fifteenth  line  thereof,  and  by  inserting  in  place  thereof  the  word 
whenever;  by  inserting  the  words  without  registration  after  the 
word  "state""  in  the  seventeenth  line  thereof;  and  by  striking  out 
the  words  ' '  for  a  period  of  not  more  than  ten  days, " "  in  the  twenty- 
third  and  twenty-fourth  lines  thereof,  and  by  inserting  in  place 
thereof  the  words  while  operating  a  motor  vehicle  not  subject  to 
registration  in  accordance  with  the  provisions  of  section  3,  so  that 
said  section  9  as  amended  shall  read  as  follows:  Sect.  9.  No 
person  shall  operate  a  motor  vehicle  upon  any  way  in  this  state 
unless  licensed  under  the  ]>rovisions  of  this  act,  except  as  other- 
wise herein  provided,  but  the  ]>rovisions  of  this  section  shall  not 
prevent  the  operation  of  motor  vehicles  by  unlicensed  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  jievsons  less  than  sixteen  years  of  age, 
but  said  licensed  chauffeur  or  operator  shall  be  liable  for  the  viola- 
tion of  any  provision  of  this  act  or  any  regulation   made  in  ac- 


554  Chapter  81.  [193.3 

cordance  herewitli  committed  by  sucli  unlicensed  operator,  pro- 
vided, however,  that  the  examiners  of  chauffeurs  and  operators 
in  the  employ  of  the  secretary,  wlien  engaged  in  their  official  duties, 
shall  not  be  liable  for  the  acts  of  any  person  who  is  being  examined. 
Whenever  a  motor  vehicle  of  a  non-resident  may  be  operated  on  the 
ways  of  this  state  without  registration  in  accordance  with  the  pro- 
visions of  section  3,  such  vehicle  may  be  operated  by  its  owner 
or  by  his  chauflt'eur  or  employee,  without  a  license  from  the  secre- 
tary, if  the  operator  or  chauffeur  is  duly  licensed  under  the  laws 
of  the  state,  district  or  country  in  wliich  he  resides  or  has  complied 
fully  with  the  laws  of  the  state  of  his  residence  respecting  the 
licensing  of  operators  of  motor  vehicles.  No  person,  except  a  non- 
resident, while  operating  a  motor  vehicle  not  subject  to  registra- 
tion in  accordance  with  the  provisions  of  section  3,  shall  operate 
a  motor  vehicle  as  a  chauffeur  unless  specially  licensed  by  the  secre- 
tary 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  distinguishing  number  or  mark  assigned  to  him  by  tlie  secre- 
tary shall  be  plainly  visible. 
Operation    in  Sect.  5.     Amcud  scctiou  12  of  Said  chapter  bv  adding  after  the 

proximity    to  ,.  ,.,,.,  it  ^  'r>i  t 

horses;  use  of  word  Signaling  HI  the  seventeenth  line  thereof,  the  words  pro- 
vided that  in  the  thickly  settled  parts  of  a  city  or  town  no  bell, 
horn  or  other  device  for  signaling  shall  be  sounded  so  as  to  make 
-  an  unreasonable  noise,  except  in  the  case  of  fire  and  police  depart- 
ment vehicles;  and  provided,  further,  that  no  operator  or  chauffeur 
of  any  motor  vehicle  shall  on  any  way  permit  any  unreasonable 
amount  of  smoke  to  escape  from  said  motor  vehicle,  nor  shall 
said  operator  or  chauffeur  on  any  way  permit  said  motor  vehicle 
to  make  any  unnecessary  noise,  by  cutting  out  the  muffler,  or 
otherwise,  so  that  said  section  12  as  amended  shall  read  as  follows : 
Sect.  12.  Every  person  having  control  or  charge  of  an  automobile 
or  motor  cycle,  shall,  whenever  upon  any  public  street  or  way  and 
approaching  any  vehicle  drawn  by  a  horse  or  horses  or  approaching 
any  horse  upon  which  any  person  is  riding,  operate,  manage,  and 
control  such  automobile  or  motor  cycle  in  such  a  manner  as  to 
exercise  every  reasonable  precaution  to  prevent  the  frightening  of 
such  horse  or  horses  and  to  insure  the  safety  and  protection  of  any 
person  riding  or  driving  the  same.  And,  if  such  horse  or  horses 
appear  to  be  frightened,  the  person  in  control  of  such  automobile 
or  motor  cycle  shall  reduce  its  speed,  and  if  requested  by  the  rais- 
ing 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 


horn,   etc. 


1913]  Chapter  81.  555 

way  every  person  operating  a  motor  vehicle  shall  slow  down  and 
give  timely  signal  with  his  bell,  horn,  or  other  device  for  signaling ; 
provided,  that  in  the  thickly  settled  i)arts  of  a  city  or  town  no  bell, 
horn  or  other  device  for  signaling  shall  be  sounded  so  as  to  make 
an  unreasonable  noise,  except  in  the  case  of  fire  and  police  depart- 
ment vehicles;  and  provided  further,  that  no  operator  or  chauffeur 
of  any  motor  vehicle  shall  on  any  way  permit  any  unreasonable 
amount  of  smoke  to  escape  from  said  motor  vehicle,  nor  shall  any 
operator  or  chauffeur  on  any  Avay  permit  said  motor  vehicle  to 
make  any  unnecessary  noise,  by  cutting  out  the  muffler,  or  other- 
wise. The  driver  of  any  motor  vehicle  on  any  highway,  approach- 
ing a  crossing  of  ways,  shall  slow  doAvn  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.  6.     That  section  26  of  said  chapter  be  stricken  out  and  Fees  for  registra- 
the  following  substituted  therefor:     Sect.  26.     The  secretary  or  '""'   "'®°^*^' 
his  authorized  agents  shall  collect  fees  as  follows : 

For  the  registration  of  every  motor  cycle,  three  dollars. 

For  the  registration  of  every  non-passenger  carrying  commercial 
motor  vehicle  and  every  motor  truck  of  not  more  than  one  ton 
capacity,  ten  dollars ;  of  more  than  one  ton  and  less  than  two  tons 
capacity,  twelve  and  one  half  dollars ;  of  more  than  two  tons  and 
less  than  five  tons  capacity,  fifteen  dollars :  and  of  more  than  five 
tons  capacity,  twenty  dollars. 

For  the  registration  of  every  automobile  used  exclusively  in 
carrying  passengers  for  hire,  the  sum  of  ten  dollars. 

For  the  registration  of  every  other  automobile  not  exceeding 
fifteen  horse  power,  ten  dollars. 

For  the  registration  of  every  other  automobile  exceeding  fifteen 
horse  power  and  not  exceeding  thirty  horse  power,  fifteen  dollars. 

For  the  registration  of  every  other  automobile  exceeding  thirty 
horse  power  and  not  exceeding  fort.y  horse  power,  twenty  dollars. 

For  the  registration  of  every  other  automobile  exceeding  forty 
and  not  exceeding  fifty  horse  power,  twenty-five  dollars. 

For  the  registration  of  every  other  automobile  exceeding  fifty 
horse  power  and  not  exceeding  sixty  horse  power,  thirty  dollars. 

For  the  registration  of  every  other  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  with  the  pro- 
visions of  section  2  of  this  act,  two  dollars. 

For  the  registration  of  every  motor  vehicle  owned  by  a  non-resi- 
dent who  applies  for  registration  under  the  provisions  of  section  3 
(a)  of  this  act,  and  for  the  registration  of  every  automobile  during 
the  period   beginning  with   the   first  day  of  October  and   ending 


556  Chapter  83.  [1913 

on  the  thirty-first  day  of  December,  in  any  year,  in  accordance  with 
the  provisions  of  section  2  of  this  act,  one  half  of  the  foregoing 
fees. 

For  the  registration  of  every  motor  vehicle  owned  by  a  non- 
resident who  applies  for  registration  under  the  provisions  of  section 
3  (b)  of  this  act,  two  dollars. 

For  the  registration  of  motor  vehicles  owned  by  or  under  the  con- 
trol of  a  manufacturer  of  or  dealer  in  motor  vehicles,  twenty-five 
dollars,  provided,  however,  that  every  dealer  shall  separately  reg- 
ister and  pay  a  further  sum  of  ten  dollars  for  each  motor  vehicle 
Avhich  he  lets  for  hire. 

For  each  operator's  original  license  and  examination,  three 
dollars;  for  each  chauffeur's  original  license,  examination  and 
badge,  five  dollars;  for  all  subsequent  operator's  and  chauffeur's 
licenses,  one  dollar. 

For  every  additional  copy  of  a  certificate  of  registration  or 
license,  fifty  cents. 

For  every  additional  number  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  oificers  of  the  state  or  of  any  court  thereof  or  of  a  city 
or  town  therein,  and  said  secretary  may  issue  certificates  of  registra- 
tion for  motor  vehicles  and  licenses  to  operate  tlie  same  to  any 
member  of  the  foreign  diplomatic  corps  without  the  payment  of 
the  fees  therefor. 
•Act  takes  effect,  Sect.  7.  Scctious  1,  2,  3.  4  and  5  of  this  act  shall  take  effect 
upon  its  passage,  and  section  6  shall  take  effect  at  midnight  on  the 
thirty-first  day  of  December.  1913. 

[Approved  April  15,  1913.] 


wken. 


1913]  Chapter  82.  557 

CHAPTER  82. 

AN   ACT  FOR   THE   ASSESSMENT   AND   COLLECTION   OF   POLL   TAXES,    AND 
IN  AMENDMENT  OF  CHAPTERS  55  AND  59  OF  THE  PUBLIC  STATUTES. 

Section  j  Section 

1.  Uniform    poll   tax    of   two    dollars.  6.      Powers   and  duties  of  collector. 

2.  Collection  of  tax.  j  7.      Provision     for    estimating    value    of 

3.  Payable    on    demand   without    notice.  ]  poll    repealed. 

4.  Distress  for  non-payment.  I  8.      Repealing    clause ;     act    takes    effect 

5.  Arrest    for    non-payment.  |  March    1,    1914. 

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

Section  1.  That  section  1  of  chapter  55  of  the  Public  Statutes  Uniform  poii  tax 
he  and  the  same  is  hereby  repealed  and  the  following  section  be  ° 
substituted  in  place  tliereof :  Section  1.  A  poll  tax  of  two  dollars 
shall  be  assessed  on  every  male  inhabitant  of  the  state  from  twenty- 
one  to  seventy  years  of  age.  whether  a  citizen  of  the  United  States 
or  an  alien,  except  paupers,  insane  persons  and  others  exempt  by 
special  provision  of  law. 

Sect.  2.  After  the  first  day  of  April  in  each  year,  a  list  of  all  Collection  of  tax. 
poll  taxes,  by  them  assessed  against  persons  having  no  property  to 
be  assessed  shall  be  made  by  the  selectmen  of  towns  and  assessors 
of  cities  with  warrants  under  their  hands  and  seal,  directed  to 
the  collector  of  taxes,  requiring  him  to  collect  the  same  at  once 
and  pay  the  same  to  the  town  treasurer  at,  such  times  as  may 
be  therein  prescribed. 

Sect.  3.     Poll  taxes  shall  be  paid  to  the  collector  on  demand.  Payable  on  de- 

.,,         ,  .  ,.  mand    without 

Without  previous  notice.  notice. 

Sect.  4.     Upon  neglect  or  refusal  of  any  such  person  to  pay  the  Distress  for  non- 
tax assessed  upon  him.  the  collector  may  distr'ain  the  goods  and  p^''"®'^*- 
chattels  of  such  person. 

Sect.  5.     For  want  of  goods  and  chattels  wliereon  to  make  dis-  Arrest  for  non- 
tress,  the  collector  may  take  the  body,  wherever  in  this  state  found,  p^-™*""*- 
of  any  person  neglecting  or  refusing  to  pay  the  tax  assessed  against 
him,  and  commit  him  to  the  common  jail. 

Sect.  6.     The  collector,  in  the  collection  of  poll  taxes,  shall  have  Powers  and  duties 
the  same  powers  and  privileges  and  be  subject  to  the  same  duties  °    '"  ^'^^°^' 
as  in  the  collection  of  other  taxes. 

Sect.  7.     That  section  1  of  chapter  59.  Public  Statutes,  be  liereby  Pri,.r  provision 
amended  by  repealing  all  of  said  section  after  the  word  ' '  month ' '  '"^p*''''*"'- 
in  the  second  line  thereof,  so  that  the  section  wlien  amended  will 
read:     Section  1.     All  taxes  for  any  year  following  the  first  day 
of  April  shall  be  assessed  upon  the  invoice  taken  in  tliat  month. 


558 


Ch.vpter  83. 


[1913 


Repealing  clause;      Sect.  8.     All  acts  aucl  parts  of  acts  inconsistent  with  this  act 
March'^T,  i/it.     arc  hcrcby  repealed  and  this  act  shall  take  effect  on  March  first, 
1914. 

[Became  a  law  without  the  governor's  signature.  April  21,  1913.] 


\|  CHAPTER  83. 


AN  ACT   RELATING  TO   MEDICAL  INSPECTION   OF  SCHOOLS. 


Section 

1.  Act  in  force  where  adopted. 

2.  School  physicians  provided  for. 

3.  Examinations  of  pupils,   etc. 

4.  Reference  of  illness  to  parents. 

5.  Notice  of  disease  to  parents. 

6.  Tests  of   sight,  hearing,   etc. 


tests ;     blanks,     rec- 


Sectiox 

7.  Directions     for 

ords,    etc. 

8.  Exemption  from  examination. 

9.  Appropriation  by  district  authorized. 
10.      Repealing  clause;   act  takes  effect  on 

passage. 


Be  it   enacted   hy   the  Senate   and  Ho)isr   of  Beprescntatives   in 
General  Court  convened: 


Examinations   of 
pupils,   etc. 


In    force    where      SECTION  1.     Whenever  any  city,  union,  special,  or  town  school 
*  ^^  ^  ■  district  shall  adopt  the  provisions  of  this  act  the  said  provisions 

shall  be  in  force  in  such  school  district  as  hereinafter  provided. 
School  physicians.  Sect.  2.  The  school  board  of  tlie  city  or  town,  in  which  such 
school  district  is  located,  shall  appoint  one  or  more  school  pliysi- 
cians  of  not  less  than  five  years'  experience,  shall  assign  one  to 
each  public  and  each  private  school  within  such  school  district, 
and  shall  provide  them  with  all  proper  facilities  for  the  perform- 
ance of  their  duties  as  prescribed  in  this  act. 

Sect.  3.  Every  school  physician  shall  in  the  presence  of  tlie 
teacher  at  least  once  a  year,  previous  notice  having  been  given, 
make  such  an  examination  of  every  pupil,  excepting  such  as  are 
hereinafter  exempted,  and  of  every  teacher,  janitor,  and  other 
employees,  of  the  schools  committed  to  his  charge,  and  of  the  school 
buildings,  yards  and  surroundings  thereof  as  the  protection  of  the 
health  of  the  pupils  may  require.  He  sliall  report  tlie  results 
of  his  examination  to  the  school  board,  who  shall  record  the  same, 
and  they  shall  forthwith  take  such  action  thereon  as  in  their  judg- 
ment the  public  health  or  the  health  of  the  pupils  demands. 

Sect.  4.  Every  child  who  shows  signs  of  being  in  ill  healtli  or  of 
suffering  from  a  communicable  disease,  shall  be  referred  by  the 
teacher  to  the  parents  or  guardian  of  such  child  for  examination 
and  diagnosis  by  some  regularly  registered  physician  and  if  said 
parents  fail  or  neglect  to  have  such  child  so  examined,  and  produce 


Refei'ence  of  ill- 
ness to  parents. 


1913]  Chapter  83.  559 

a  certificate  from  such  physician  within  two  days,  then  such  chiki 
shall  be  examined  by  said  school  pliysician. 

Sect.  5.  The  school  physician  shall  cause  notice  of  the  disease  Notice  of  disease 
or  defects,  if  any,  from  which  any  child  is  found  to  be  suffering  °  ^'"'^"  *' 
to  be  sent  to  his  parent  or  guardian.  Whenever  a  child  shows 
symptoms  of  smallpox,  tuberculosis,  diphtheria,  influenza,  tonsilitis, 
Avhooping  cough,  mumps,  scabies,  or  trachoma,  or  other  com- 
municable disease,  he  sliall  be  sent  home  immediately,  or  as  soon 
as  safe  and  proper  conveyance  can  be  found. 

Sect.   6.     The  school   iilivsician  shall  cause  everv  child   in  the  Tests  of  sight, 

,  T  11  p    li  1  1  •         1     •'         1  healing,   etc. 

public  schools  to  be  careiully  tested  and  examined  in  the  presence 
of  the  teacher  at  least  once  in  every  school  year  to  ascertain  whether 
he  is  suffering  from  defective  sight  or  hearing  or  from  any  other 
disability  or  defect  tending  to  prevent  his  receiving  the  full  benefit 
of  his  school  work,  or  requiring  a  modification  of  the  school  work 
in  order  to  prevent  injury  to  the  child  or  to  secure  the  best  educa- 
tional results.  The  tests  of  sight  and  hearing,  shall  be  made  by 
the  teacher  under  the  direction  of  the  school  physician.  The  physi- 
cian shall  cause  notice  of  any  defect  or  disability  requiring  treat- 
ment to  be  sent  to  the  parent  or  guardian  of  the  child  and  shall 
require  a  pliysical  record  of  each  child  to  be  kej^t  in  such  form 
as  the  state  superintendent  of  public  instruction  shall  prescribe. 

Sect.  7.  The  state  board  of  health  shall  prescribe  the  direc-  Directions  for 
tions  for  tests  of  sight  and  hearing,  and  the  superintendent  of  recnriis.  etc.  ' 
public  instruction  shall,  in  co-operation  with  the  state  board  of 
health,  prescribe  instruction,  test  cards,  blanks,  record  books,  and 
other  useful  appliances  for  carrying  out  the  purposes  of  this  act, 
and  shall  provide  for  students  in  the  normal  schools  instruction 
and  practice  in  the  best  methods  of  testing  the  sight  and  hearing 
of  children. 

Sect.   8.     Any  ]^arent   or  guardian  may  protest  in  M'riting  to  Exemption  from 
the  teacher  against  the  examination  of  his  or  her  child  or  ward,  ®'^^™'°*  '^"• 
and  such  pupil  shall  thereafter  be  exempt  from  any  examination 
for  or  on  account  of  any  non-contagious  disease  or  defect. 

Sect.  9.     The  district  may  raise  money  for  carrying  into  effect  Appropriation 

.,  ..  p   ,1   •  ,  '  '  '  authorized. 

the  provisions  of  this  act. 

Sect.  10.     All  acts  and  parts  of  acts  inconsistent  with  the  fore-  Repealing  clause,- 
going  are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  on  passage. 
passage. 

[Approved  April  22.  1913.] 


560 


Chapter  84. 


[1913 


CHAPTER  84. 

AN   ACT   TO  PROMOTE  THE   IMPROVEMENT   AND   COMPLETION   OF   TRUNK 

LINE    ROADS. 


Section 

1.  Expense  of  improvemeut,  how  borue. 

2.  Limitation  of  additional  state  tax. 


Section 

3.     Repealing  clause;  act  takes  effect  oa 
passage. 


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


Expense  of  im- 
provement, how 
borne. 


Limitation    of 
ditional    tax. 


Repealing    clause 
act   takes   effect 
on  passage. 


Section  1.  The  roads  designated  under  sections  15  and  16  of 
chapter  155,  [35]  Laws  of  1909,  [1905]  shall  be  improved  by  that 
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  such  city,  town  or  place,  shall  receive  from  the 
state  one  half  the  cost  of  such  improvement,  and  such  furtlier  sums 
in  towns  unable  to  pay  that  proportion,  as  in  the  opinion  of  the 
governor  and  council  may  be  equitable.  In  case  any  city,  town  or 
place  shall  neglect  to  improve  said  roads,  after  being  so  requested 
by  the  governor  and  council  sucli  irai)rovements  shall  be  made 
under  the  discretion  of  the  governor  and  council,  at  the  expense 
of  the  state,  and  one  half  of  the  cost  thereof,  less  such  farther  sums 
in  towns  unable  to  pay  one  half  the  cost  thereof,  as  in  the  opinion 
of  the  governor  and  council  may  be  equitable,  shall  be  added  to  the 
state  tax  for  such  city  or  town, 
ad-  Sect.  2.  For  the  purpose  of  carrying  into  effect  the  provisions 
of  this  act,  the  tax  added  in  any  city,  town  or  place  in  any  one  year, 
shall  not  exceed  one  fourth  of  one  per  cent,  of  the  valuation  of  the 
polls  and  ratable  estate  on  which  other  taxes  are  assessed  by  such 
town. 

Sect.  3.  All  acts  and  parts  of  acts  inconsistent  with  tlie  provi- 
sions of  this  act  are  hereby  rejiealed.  and  this  act  takes  effect  upon 
its  passage. 


[Approved  April  22.  1913.] 


1913]  Chapters  85,  86.  561 

CHAPTER  85. 

AN   ACT   PROVIDING   FOR   THE   ERECTION   OF   A  DAM    AT    THE   OUTLET   OF 

CHERRY   POND. 

Section  I    Sectiox 

1.     Dam  provided   for.  '        2.     Appropriation  of  $100. 

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

Section  1.  That  the  fish  and  game  commissioners  shall  cause  a  Dam  provided  for. 
dam  to  be  built  at  the  outlet  of  Cherry  pond,  a  public  water  in  the 
town  of  Jefferson,  sufficiently  high  to  raise  the  water  in  said  pond 
to  its  natural  level,  provided  that  the  water  in  said  pond  shall  in 
no  event  be  raised  to  such  height  that  it  shall  cause  any  damage 
to  the  road-beds  of  the  Boston  &  Maine  and  Maine  Central  rail- 
roads in  times  of  high  water. 

Sect.  2.     The  sum  of  $100  is  hereby  appropriated  to  carrv  out  Appropriation 

.,  ..,.,-.'  J        II        f  *  of  $100. 

the  provisions  or  this  act. 
[Approved  April  22,  1913.] 


CHAPTER  86. 


AN  ACT  IN  AMENDMENT  OF  SECTION   1.   CHAPTER   51   OF  THE  LAWS  OF 
1907  IN  RELATION  TO  SQUARE-TAILED  TROUT. 

Section  I    Section 

1.     Protection  in   Success  pond.  '        2.     Takes  effect  on  passage. 

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

Section  1.  Section  1,  chapter  51  of  the  session  Laws  of  1907  Protection  m 
is  hereby  amended  by  inserting  after  the  word  "Millsfield"  in  line 
four  of  said  section  the  following :  Success  pond  in  Success,  so 
that  said  section  as  amended  shall  read  as  follows:  Section  1.  It 
shall  not  be  lawful  for  any  person  to  kill,  destroy  or  have  in  posses- 
sion from  the  waters  of  the  Greenough  ponds  in  Wentworth's  Loca- 
tion. Bear  Brook  pond  in  Errol,  Big  Millsfield  pond  and  Bragg 
pond,  so  called,  in  Millsfield,  Success  pond  in  Success,  any  square- 
tailed  trout  of  a  length  of  less  than  seven  inches. 

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

on  passage. 

[Approved  April  22,  1913.] 


562  Chapter  87.  [1913 

CHAPTER  87. 

AN  ACT  IX  AMENDMENT  OP  SECTION  77,  CHAPTER  79,  LAWS  OF  1901, 
RELATING  TO  THE  TAKING  OF  OYSTERS  FROM  GREAT  BAY  AND  OTHER 
SPECIFIED  WATERS. 

Section   1.      Taking  oysters   in   certain   waters   regulated. 

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

Taking  oysters  in  SECTION  1.  Amend  sectioii  77  of  chapter  79,  Laws  of  1901.  by 
reguTa^ed.^  *^^  Striking  out  after  the  words  "Great  bay"  the  balance  of  said  sec- 
tion and  insert  in  place  thereof  the  following :  or  its  tributaries, 
Little  bay  or  Durham  river,  during  the  months  of  June,  July  and 
August,  or  shall  take  oysters  through  holes  in  the  ice  or  shall  at 
any  time  take  oysters  in  any  other  manner  than  by  the  use  of  hand 
tongs,  excepting  that  part  of  Great  bay  or  its  tributaries,  westerly 
of  a  line  drawn  from  the  easterly  end  of  Concord  bridge,  so  called, 
in  a  straight  line  to  Adams  point,  so  called,  or  shall  sell,  or  offer 
for  sale  any  such  oysters  or  shall  take  more  than  one  bushel  in 
any  one  day,  unless  the  oysters  have  been  bedded  in  the  afore- 
said waters  by  the  person  taking  the  same  he  shall  be  fined  not 
exceeding  one  hundred  dollars  ($100)  for  each  offense,  so  that  said 
section  as  amended  shall  read :  Sect.  77.  If  any  person  shall  take 
oysters  from  Great  bay  or  its  tributaries.  Little  bay  or  Durham 
river,  during  the  months  of  June,  July  and  August,  or  shall  take 
oysters  through  holes  in  the  ice,  or  shall  at  any  time  take  oysters 
in  any  other  manner  than  by  the  use  of  hand  tongs,  excepting  that 
part  of  Great  bay  or  its  tributaries  westerly  of  a  line  drawn  from 
the  easterly  end  of  Concord  bridge,  so  called,  in  a  straight  line 
to  Adams  point,  so  called,  or  shall  sell,  or  offer  for  sale  any  such 
oj^sters,  or  shall  take  more  than  one  bushel  on  any  one  day,  unless 
the  oysters  have  been  bedded  in  the  aforesaid  waters  by  the 
person  taking  the  same,  he  shall  be  fined  not  exceeding  one  hundred 
dollars  ($100)  for  each  offense. 

[Approved  April  22,  1913.] 


19131  Chapter  88.  563 

CHAPTER  88. 

AN  ACT  IN  AMENDMENT  OF  SECTION  1  OF  CHAPTER  87  OF  THE  LAWS  OF 
1911.  RELATING  TO  INVESTMENTS  BY  INSURANCE  COMPANIES. 

Section    1.      Certain    loans    and  investments  prohibited. 

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

Section  1.     Section  1  of  chapter  87  of  the  Laws  of  1911  is  here-  Certain  loans  and 

^.  investments 

by  amended  by  inserting  a  period  after  the  word  "stock"  in  the  piohibited. 
second  line  of  said  section  and  by  striking  out  the  rest  of  said 
section  and  inserting  in  place  thereof  the  following  words :  No 
such  company  shall  invest  or  loan  any  portion  of  its  capital  stock 
or  more  than  thirty  per  cent,  of  its  surplus,  in  or  upon  the  security 
of  the  stock  of  any  other  company  carrying  on  the  same  kind  of 
insurance  business.  No  such  company  shall  invest  or  loan  any 
portion  of  its  capital  stock  in  or  upon  the  security  of  the  stock 
of  any  other  company  owning  or  holding  the  stock  of  any  insurance 
company  or  companies  carrying  on  the  same  kind  of  insurance  busi- 
ness to  an  amount  in  excess  of  ten  per  cent,  of  its  outstanding 
capital  stock ;  so  that  said  section  as  amended  shall  read  as  follows : 
Section  1.  No  insurance  company  organized  under  the  laws  of 
this  state  shall  invest  its  funds  in  or  loan  them  on  its  own  stock. 
No  such  company  shall  invest  or  loan  any  portion  of  its  capital 
stock  or  more  than  thirt}^  per  cent,  of  its  surplus,  in  or  upon  the 
security  of  the  stock  of  any  other  company  carrying  on  the  same 
kind  of  insurance  business.  No  such  company  shall  invest  or  loan 
any  portion  of  its  capital  stock  in  or  upon  the  security  of  the 
stock  of  any  other  company  owning  or  holding  the  stock  of  any 
insurance  company  or  companies  carrying  on  the  same  kind  of 
insurance  business  to  an  amount  in  excess  of  ten  per  cent,  of  its 
outstanding  capital  stock. 

[Approved  April  22.  1913.] 


564 


Chapters  89,  90. 


[1913 


CHAPTER  89. 


AN  ACT  RELATIVE  TO  THE  CANCELLATION  OF  FIRE  INSURANCE  POLICIES. 


Section 

1.      Cancellation   without    return    of   pre- 
mium,   when. 


Cancellation   with 
out   return   of 
premium,   when. 


Takes  effect 
on   passage. 


Sectiox 

2.     Tajkes   effect   on  passage. 


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

Section  1.  An  insurance  company  issuing  fire  insurance  policies 
on  property  in  this  state  under  the  standard  form  required  by  law 
may  cancel  any  such  policy  after  giving  written  notice  to  the  as- 
sured and  to  any  mortgagee  to  whom  such  policy  is  made  payable, 
without  tendering  to  the  assured  a  ratable  proportion  of  the  pre- 
mium ;  such  cancellation  to  take  effect  as  to  all  risks  subsequent  to 
the  expiration  of  ten  days  from  such  notice,  and  neitlier  the  assured 
nor  mortgagee  sliall  tlien  have  the  right  to  recover  as  to  sucli  risks ; 
'provided,  the  premium  has  not  been  paid  to  the  company  or  its 
agent  or  to  a  duly  licensed  insurance  broker  through  whom  the 
contract  of  insurance  was  negotiated. 

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

[Approved  April  22,  1913.] 


CHAPTER  90. 


an  act  RELATING  TO  FOREIGN  MUTUAL  INSURANCE  COMPANIES  INSUR- 
ING FACTORY  OR  MILL  PROPERTY  IN  THIS  STATE. 


Section    1. 


Factory    insurance    companies,    terms    of    admission    to   this    state;    how 
taxed. 


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

Factory  Insurance  SECTION  1.  Mutual  fire  or  mutual  employers'  liability  insurance 
si*oTof  ■*'how^°''''  companies  incorporated  under  the  laws  of  other  states  which  insure 
taxed.  '  only  factories  or  mills  or  property  connected  with  such  factories  or 

mills  may  be  admitted  to  this  state  upon  complying  with  the  con- 
ditions set  forth  in  the  Public  Statutes  of  this  state  and  amend- 
ments thereto  and  shall  comply  with  all  the  requirements  of  said 
statutes  except  that  in  lieu  of  all  other  taxation  upon  premiums 
in  this  state,  such  companies  shall  annually  pay  a  tax  at  the  rate 


1913]  CmiPTER  91.  565 

of  two  per  ceut.  oil  gross  premiums  in  force  on  risks  in  this  state 
after  deducting  the  unabsorbed  portion  of  sucli  premium  com- 
puted at  the  rate  of  return  actually  made  on  annual  policies  ex- 
piring during  the  year  by  said  insurance  companies.  Such  com- 
panies shall,  on  or  before  the  31st  day  of  each  January,  make  a 
return,  under  oath,  to  the  insurance  commissioner,  showing  the 
gross  premiums  in  force  on  risks  in  this  state  on  the  31st  day  of 
December  previous  and  the  unabsorbed  portion  of  such  premiums 
computed  at  the  rate  of  return  actually  made  on  annual  policies 
expiring  during  the  year  by  said  insurance  companies. 

[Approved  April  22,  1913.] 


CHAPTER  91. 


AN   ACT   RELATING   TO    ELECTRIC    RAILWAYS. 

Sectiox  I    Section" 

1.      Use    of    high-power    ligrhts    regulated.    '         2.      Takes  effect  on  passage. 

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

Section  1.  It  is  hereby  made  the  duty  of  every  motormaii  upon  use  of  high-power 
street  railway  to  extinguish  any  searchlight  or  high  powered  electric  *°  *^  ^^^^  ^^ 
or  other  light  carried  upon  the  electric  car  he  may  be  driving  on 
any  highway  when  approaching  any  team  or  motor  vehicle  travel- 
ing upon  said  highway  in  the  direction  opposite  to  that  of  said 
electric  car,  and  to  keep  said  light  extinguished  until  said  team  or 
motor  vehicle  shall  have  passed  said  electric  car.  But  this  act  shall 
not  apply  to  arc  or  incandescent  electric  lights  such  as  are  com- 
monly used  as  head  lights  on  street  railway  cars. 

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

oa  passage. 

[Approved  April  22.  1913.] 


566 


Chapters  92,  93. 


1913 


CHAPTER  92. 

AN  ACT  IK  AMENDMENT  OF  CHAPTER  107,  SESSION  LAWS  OF   1909,  EN- 
TITLED, "an  act  in  RELATION  TO  MILEAGE  BOOKS." 


Section 

1.      To  be   issued  foi'   five  hundred  miles. 


Section 

2.      Takes  effect  July  1,   1913. 


To    be    issued    for 
five  hundred  miles. 


Takes   effect 
July  1,  1913. 


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

Section  1.  That  chapter  107  of  session  Laws  of  1909.  be 
amended  by  striking  out  section  one  and  inserting  in  place  thereof 
the  following:  Section  1.  All  steam  railroads  operating  a  pas- 
senger service  in  this  state  shall  hereafter  issue  five  hundred  mile 
mileage  books  at  the  rate  of  two  cents  a  mile,  good  for  the  trans- 
portation of  the  bearer  over  all  their  steam  railroad  lines  in  this 
state,  and  keep  them  on  sale  at  its  ticket  offices  in  this  state.  Pro- 
vided, that  nothing  in  this  act  contained  shall  compel  the  issuance 
of  such  mileage  books  for  transportation  over  the  Mount  AVash- 
ington  Railway,  or  between  Bethlehem  Junction  and  Bethlehem, 
Bethlehem  Junction  and  the  Profile  House  or  between  Fabyans  and 
the  base  of  INIount  Washington. 

Sect.  2.      This  act  shall  take  eifect  July  1.  1913. 

[Approved  April  22,  1913.] 


CHAPTER  93. 


AN  ACT  AMENDING  SECTION  10  OF  CHAPTER  141  OF  THE  PUBLIC 
STATUTES  AS  AMENDED  BY  SECTION  1  OF  CHAPTER  41  OF  THE  LAW^S 
OF  1905,  RELATING  TO  LIENS  OF   MECHANICS  AND  OTHERS. 


Extension  of 
laborer's  lien. 


Section 

1.     Laborer's     lien     extended     to     dams, 
bridges,  etc. 


Section 

2.     Takes    effect    nn   passage. 


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

Section  1.  Amend  section  10  of  chapter  141  of  the  Public 
Statutes  as  amended  by  section  1  of  chapter  41  of  the  Laws  of  1905, 
by  striking  out  all  of  said  section  10  and  inserting  in  place  thereof 
the  following :  Sect.  10.  If  any  person  shall,  by  himself  or  others, 
perform  labor  or  furnish  materials  to  the  amount  of  fifteen  dollars 


1913]  Chapter  94.  567 

or  more  for  erecting  or  repairing  a  house  or  other  buikiing  or 
appurtenances,  or  for  building  any  dam,  canal,  sluiceway  or  bridge, 
other  than  for  a  municipality,  by  virtue  of  a  contract  with  the 
owner  thereof,  he  shall  have  a  lien  on  any  materials  so  furnished, 
and  on  said  house  or  other  building  or  appurtenances,  or  dam, 
canal,  sluiceway  or  bridge,  and  on  any  right  of  the  owner  of  tlie 
lot  of  land  on  whicli  the  house,  building  or  appurtenances,  or  dam, 
canal,  sluiceway  or  bridge  stands. 

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

oa   passage. 

[Approved  April  22,  1913.] 


CHAPTER  91. 


AN  ACT  IN  AMENDMENT  OF  SECTION  17.  CHAPTER  286  OF  THE  PUBLIC 
STATUTES  AS  AMENDED  BY  CHAPTER  11,  hXWS  OF  1901,  RELATING  TO 
THE  SALARY  OF  THE  SOLICITOR  OF  CARROLL  COUNTY. 

Section'  I    Sectiox 

1.      Annual   salary   of   $600.  '         2.      Takes  effect  on   passage. 

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

Section  1.     Amend  line  7,  section  17,  chapter  286  of  the  Public  Annual  salary- 
Statutes  as  amended  by  chapter  11,  Laws  of  1901,  by  striking  out  °^  ^^°'^- 
the  whole  of  said  line  and  inserting  in  place  thereof  the  following: 
In  Carroll,  six  hundred  dollars. 

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

on   passage. 

[Approved  April  22,  1913.] 


568 


Chapter  95. 


[1913 


CHAPTER  95. 

AN   ACT   REGULATING   THE   FORM   OF   LIABILITY  INSURANCE  POLICIES   IN 
CERTAIN    PARTICULARS. 


Section 

1.  Policy    to    bind    insurer    to    satisfy 

judgment  against  insured. 

2.  Form  of  policy  to  be  filed. 


Section 

3.  Forfeiture    of    license    for    violation. 

4.  Takes  effect  July  1,  1913. 


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


Policy  to  bind  in^ 
surer  to   satisfy 
judgment  against 
insured. 


Font  of  policy 
be   filed   with 
ctimmissioner. 


Forfeitnre   of 
license   for 
Tiolation. 


Takes   effect 
July  1,  1913. 


Section  1.  No  corporation,  association,  company  or  other  in- 
surer shall  issue  or  deliver  any  policy  of  insurance  against  loss  or 
expense  by  reason  of  claims  made  upon  the  assured  for  damages  on 
account  of  bodily  injuries  suffered  by  an  employee  or  employees  of 
the  assured,  or  by  any  person  or  persons  not  employed  by  the 
assured,  or  on  account  of  damage  to  or  tlie  destruction  of  property, 
which  shall  contain  any  provision  making,  or  purporting  to  make, 
the  pre-payment  of  any  judgment  that  may  be  recovered  against 
the  assured  upon  any  claim  covered  by  the  policy,  a  condition  prec- 
edent to  any  right  of  action  against  the  insurer  upon  said  policy ; 
but  every  such  policy  shall  contain  an  agreement  in  clear  and 
explicit  terms  binding  the  insurer,  to  the  extent  of  the  liability 
assumed  by  the  policy,  to  pay  and  satisfy  any  such  judgment,  and 
to  protect  the  assured  against  the  levy  of  any  execution  issued  u])on 
the  same, 
to  Sect.  2.  No  policy  covered  by  section  one  of  this  act  shall  be 
issued  or  delivered  until  a  copy  of  the  form  thereof  has  been  filed 
with  the  insurance  commissioner ;  nor  shall  it  be  so  issued  or  de- 
livered until  the  expiration  of  thirty  days  after  it  has  been  so  filed 
unless  the  insurance  commissioner  sooner  gives  his  written  api)roval 
thereto.  Tf  the  commissioner  shall  notify  in  writing  the  corpora- 
tion, association,  company  or  other  insurer,  which  has  filed  such 
form  that  it  does  not  comply  with  the  requirements  of  this  act  it 
shall  be  unlawful  thereafter  for  any  such  insurer  to  issue  any  policy 
in  such  form. 

Sect.  3.  If  any  corporation,  association,  company  or  other  in- 
surer shall  issue  any  policy  in  violation  of  the  provisions  of  this 
act,  or  any  policy  which  it  has  been  forbidden  to  is.sue  by  the  in- 
surance commissioner  under  the  provisions  hereof,  it  shall  forfeit 
its  license  to  do  business  in  New  Hampshire,  and  shall  not  be  again 
licensed  for  the  term  of  three  years. 

Sect.  4.     This  act  shall  take  effect  July  1.  1913. 

[Approved  April  22.  1913.] 


1913]  Chapters  96,  97.  569 

CHAPTER  96. 

AN  ACT  TO  PROVIDE  FOR  A  MEMORIAL  TO  FRANKLIN  PIERCE. 

Section  Sectiox 

1.     Mount     Cliqton     to     be     known     as    I         2.     Repealing  clause;   act  takes  effect  on 
Mount  Pierce.  passage. 

Be  it   enacted   hy   the   Senate   anel  House   of  Representatives  in 
General  Court  con  v  en  eel  : 

Section  1.     The  mouutain  in  the  White  ^Mountain  range  in  this  Mount  Clinton  to 
state   commonly   known   as   ''Mount    Clinton"   shall   be   hereafter  Mount" pierce. 
known  as  Mount  Pierce,  in  lionor  of  Franklin  Pierce,  fourteenth 
president  of  the  United  States  and  the  only  citizen  or  resident  of 
New  Hampshire  who  has  been  the  incumbent  of  that  exalted  office. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  witli  this  act  arc  Repealing  clause; 
hereby  repealed  and  this  act  shall  take  effect  upon  its  passage.  on  passage^. 

[Approved  April  22.  1913.] 


CHAPTER  97 


AN    ACT    PROVIDING   FOR    THE    NOMINATION    AND    ELECTION    OF    UNITED 
STATES    SENATORS    BY    THE    PEOPLE. 

Section  j    Section 

1.  Meetings  for  choice  of  senators.  4.      Names  of  candidates,  where  printed. 

2.  Primaj-y  law   extended.  5.      Repealing    clause;     act    takes    effect, 

3.  Law  for  election  of  congressmen  ex-  I  when. 

tended. 

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

Section  1.     Meetings  for  the  choice  of  United  States  senators  Meetings  for 
shall  be  holden  in  the  several  towns,  wards  and  places  in  this  state  '^^^^^^  °^  senators. 
on  the  Tuesday  following  the  first  Monday  in  November  of  every 
sixth  year,  dating  from  the  year  nineteen  hundred  and  eiglit.  and 
on  tlie  Tuesday  after  the  first  ^Monday  in  November  of  every  sixtli 
year,  dating  from  the  year  nineteen  hundred  and  twelve. 

Sect.  2.     All  the  provisions  of  existing  law,  relating  to  the  nomi-  Primarj-  law 
nation  of  candidates  for  governor  by  direct  primary  and  by  nomi- 
nation papers,  and  the  filing  of  accounts  of  campaign  expenditures, 
are  hereby  extended  to.  and  sliall  apply  to.  the  nomination  of  can- 
didates for  United  States  senator. 


570  Chapter  98.  [1913 

Law   for  election      Sect.  3.     All  the  provisioiis  of  existing  law,  relating  to  the  elec- 
extended.*^^^"^^"     tioH  of  representatives  in  the  congress  of  the  United  States,  are 
hereby  extended  to  the  election  of  United  States  senators,  except 
when  inconsistent  with  the  laws  of  the  United  States. 
Names  of   candi-      Sect.  4.     The  names  of  candidates  for  United  States  senator  of 
printed!^  "^'^         the  Several  political  parties  shall  immediately  follow  on  the  ballot 
the  names  of  candidates  of  the  several  parties  for  nomination  and 
election  as  governor  at  primaries  and  elections. 
Repealing  clause;      Sect.  5.     All  acts  and  parts  of  acts  inconsistent  herewith  are 
when.  '     hereby  repealed,  and  this  act  shall  take  effect  whenever  an  amend- 

ment to  the  constitution  of  the  United  States  providing  for  the 
choice  of  United  States  senators  by  the  people  shall  have  taken 
effect. 

[Approved  April  22.  1913.] 


CHAPTER  98. 

AN  ACT  IN  amendment  OF  SECTION  6  OF  CHAPTER  164  OF  THE  LAWS 
OF  1911,  ENTITLED  ' '  AN  ACT  TO  ESTABLISH  A  PUBLIC  SERVICE  COM- 
MISSION. ' ' 

Section  r    Sectiox 

1.      System  of  accounts  and  records,   es-  2.      Takes  effect  on  passage, 

sentials  of.  | 

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

System  of  accounts  SECTION  1.  Scctioii  6  of  chapter  164  of  the  Laws  of  1911  is 
se'miah^f!^'  ^^  amended  to  read  as  follows:  Sect.  6.  (a)  The  commission  may, 
whenever  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  rail- 
road 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,  however,  that  railroad  cor- 
porations and  public  utilities  shall  not  be  required  to  keep  any 
system  of  accounts  and  records  which  would  conflict  with  any  re- 
quirements made  of  them  by  the  interstate  commerce  commission, 
(b)  Every  public  utility  shall  carry  a  proper  and  adequate  de- 
preciation account  whenever  the  commission  shall  determine  that 
such  depreciation  account  can  reasonably  be  required,  and  shall 
so  order,     (c)   Every  public  utility  shall  conform  its  depreciation 


1913]  Chapter  98.  571 

aceouut  to  such  rules,  regulations  and  forms  as  may  be  prescribed 
by  the  commission.  The  depreciation  fund  may  be  expended  in 
new  construction,  extensions  or  additions  to  the  property  of  the 
public  utility,  or  invested,  and  if  invested,  the  income  from  the 
investment  shall  be  added  to  the  depreciation  fund.  Such  fund 
may  be  used  only  for  new  construction,  extensions,  or  additions  to 
pliysical  property  or  for  renewing,  restoring,  replacing  or  substi- 
tuting depreciated  property  in  order  to  keep  its  plant  and  system 
in  a  state  of  repair  and  efficiency,  (d)  No  public  utility  shall  de- 
clare or  pay  any  dividend  except  out  of  net  corporate  income,  and 
except  after  setting  aside  such  depreciation  reserve  if  any  as  it  may 
carry  in  compliance  with  the  provisions  of  paragraph  (b)  ;  pro- 
vided, however,  that  this  paragraph  shall  not  be  construed  to  pre- 
vent the  payment  of  dividends  in  any  year  out  of  any  undistributed 
balance  of  such  net  corporate  income  previously  accumulated. 
(e)  AVhen  the  commission  has  prescribed  the  form  of  accounts 
and  records  to  be  kept  by  railroad  corporations  and  public  utilities 
of  any  class  each  railroad  corporation  and  public  utility  of  that 
class  shall  thereafter  keep  the  accounts  and  records  so  prescribed 
accurately  and  honestly  and  in  the  manner  prescribed,  and  it  shall 
be  unlawful  for  any  such  railroad  corporation  or  public  utility  to 
keep  any  other  accounts  or  records  covering  the  matters  included 
in  the  accounts  and  records  prescribed,  except  those  which  it  may 
be  required  to  keep  by  the  authority  of  the  United  States  or  of 
any  other  state,  (f)  Any  person  who  wilfully  makes  any  false 
entry  in  the  accounts  or  records  of  any  railroad  corporation  or 
public  utility,  or  who  wilfully  destroys,  mutilates,  or  by  any  other 
means  falsifies  such  accounts  or  records,  or  who  wilfully  neglects 
or  fails  to  make  full,  true  or  correct  entries  of  all  facts  and  trans- 
actions appertaining  to  the  business  of  any  railroad  corporation  or 
public  utility,  which  it  is  his  duty  to  make,  shall  be  guilty  of  a 
violation  of  this  act;  provided,  hoivever,  that  the  commission  may 
at  its  discretion  issue  orders  specifying  such  operating,  account- 
ing or  financial  accounts,  records,  memoranda,  books  or  papers  of 
public  utilities  which  may  after  a  reasonable  time  be  destroyed  and 
the  commission  may  prescribe  the  length  of  time  such  accounts, 
records,  memoranda,  books  and  papers  shall  be  preserved. 

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

ou   passage, 

[Approved  April  22,  1913.] 


572 


Chapter  99. 


[1913 


CHAPTER  99. 

AN  ACT  IN  AMENDMENT  OF  SECTION  7  OF  CHAPTER  164  OF  THE  LAWS 
OF  1911,  ENTITLED  '"AN  ACT  TO  ESTABLISH  A  PUBLIC  SERVICE 
COMMISSION." 


Free    transpovta- 
tion  regulated. 


Section 

1.  Free   transportation   regulated. 

2.  Free    service    or    reduced    rates;    re- 

bates;   advertising   contracts;    lists 
of   free  passes. 


Section 

3.      Repealing     clause;     act    takes     effect 
July   1,    1913. 


Be   it   enacted   by   the   Senate   and  House   of  Representatives   in 
Gene  red  Court  conveneel: 

Section  1.  Paragraph  (e)  of  section  7  of  chapter  164  of  the 
Laws  of  1911  is  amended  to  read  as  follows:  (e)  No  railroad  cor- 
poration or  public  utility  acting  as  a  common  carrier  of  passengers 
or  freight  shall,  directly  or  indirectly,  issue  or  give  any  free  ticket, 
pass  or  free  transportation  for  passengers  between  points 
within  this  state,  except  to  its  officers  and  employees  and  their 
families,  to  its  surgeons,  physicians,  and  attorneys-at-law,  to  min- 
isters of  religion,  traveling  secretaries  of  Railroad  Young  ]\Ien*s 
Christian  Associations,  inmates  of  hospitals  and  charitable  and 
eleemosynary  institutions,  and  persons  exclusively  engaged  in 
charitable  and  eleemosynary  work ;  to  indigent,  destitute  and  home- 
less persons :  and  to  such  persons  when  transported  by  charitable 
societies  or  liospitals,  and  the  necessary  agents  employed  in  such 
transportation ;  to  inmates  of  the  national  homes  or  state  homes 
for  disabled  volunteer  soldiers,  and  of  soldiers'  and  sailors'  homes, 
including  those  about  to  enter  and.  those  returning  home  after  dis- 
charge ;  to  the  officers  and  executive  board  of  the  New  Hampshire 
Veteran  Association  for  the  exclusive  purpose  of  arranging  for  its 
annual  reunions ;  to  necessary  caretakers  of  live  stock,  poultry, 
fruit,  milk,  and  other  perishable  property ;  to  employees  on  parlor, 
sleeping,  dining  and  express  cars,  and  to  linemen  and  other  em- 
ployees of  telegraph  and  telephone  companies  and  of  electric  power 
companies  furnishing  motive  power  to  the  common  carrier ;  to  rail- 
way mail  service  employees,  post-oi¥ice  inspectors,  customs  inspec- 
tors and  immigration  inspectors :  to  policemen  and  firemen  in  uni- 
form or  while  in  discharge  of  their  duties ;  to  newsboys  and  vendors 
on  trains,  baggage  agents,  witnesses  attending  any  legal  investi- 
gation in  which  the  carrier  is  interested,  persons  injured  in  wrecks 
and  physicians  and  nurses  attending  such  persons;  provided,  how- 
ever, that  nothing  in  this  act  shall  be  construed  to  prohibit  the  issue 
or  giving  of  passes  to  the  officers  and  employees  of  any  railroad 
corporation  owning  or  operating  a  steam  railroad  or  of  any  public 


1913]  Chapter  99.  573 

utility  acting  as  common  carriers  as  aforesaid,  or  to  the  families 
of  such  officers  and  employees;  nor  to  prohibit  any  carrier  from 
carrying  passengers  free  with  the  object  of  providing  relief  in 
cases  of  general  epidemic,  pestilence,  or  other  calamitous  visita- 
tion. 

Sect.  2.     Said  section  7  of  said  act  is  further  amended  by  add-  Free  service  or  re- 
ing  thereto  the  following  j^aragraphs:     (f)  No  public  utility  sliall  bates;  advertising 

^  n  ■  1  •  ,  \  contracts;    lists   of 

grant  any  tree  service  nor  cliarge  or  receive  a  greater  or  less  or  free  passes. 
different  compensation  foi'  any  service  rendered  to  any  person, 
firm  or  corporation  than  the  compensation  fixed  for  such  sei'vice 
by  the  schedules  on  file  with  the  commission  and  in  effect  at  the 
time  such  service  is  rendered,  provided,  however,  that  nothing  in 
this  act  shall  be  taken  to  prevent  any  public  utility  from  grant- 
ing free  or  reduced  rate  service  to  its  officers  and  employees,  nor 
any  telephone  or  telegraph  utility  from  granting  franks  for  free 
service  to  the  officials  of  other  utilities  engaged  in  the  operation 
of  telephone  or  telegraph  properties,  nor  to  prevent  any  public 
utility  from  granting  free  or  reduced  rate  service  to  charitable 
organizations  or  to  municipalities,  and  provided,  further,  that  state- 
ments shall  be  filed  with  the  commission  in  such  form  as  the  com- 
mission shall  require  showing  all  service  of  any  kind  granted  at 
less  than  the  regular  schedule  rates.  In  any  case  where  the  com- 
mission shall  investigate  the  rates,  charges  or  prices  of  any  public 
utility  in  any  town  or  city,  if  it  shall  be  of  the  opinion  that  the 
furnishing  of  free  or  reduced  rate  service  under  the  authority 
of  this  paragraph  operates  unreasonably  to  increase  the  rates, 
charges  and  prices  to  the  public,  it  may,  to  such  extent  as  in  its 
opinion  justice  may  require,  order  a  discontinuance  of  such  free 
service,  or  an  increase  in  the  rates,  charges  or  prices  collected  for 
such  service,  or  any  part  thereof.  Nothing  in  this  act  shall  prevent 
a  public  utility  from  making  a  contract  for  service  at  rates  other 
than  those  fixed  by  its  schedules  of  general  application,  if  special 
circumstances  exist  which  render  such  departure  from  the  general 
schedules  just  and  consistent  with  the  public  interest,  and  the  com- 
mission shall  by  order  allow  such  conti'act  to  take  effect.  Such 
contract,  however,  shall  be  filed  and  shall  be  made  public  in  such 
manner  as  the  commission  shall  require,  and  shall  constitute  a  part 
of  the  published  schedules  of  the  public  utility  making  the  same. 
The  furnishing  by  any  public  utility  of  any  product  or  service 
at  the  rates  and  upon  the  terms  provided  for  in  any  existing  con- 
tract, executed  prior  to  the  passage  of  this  act,  shall  not  be  con- 
strued as  constituting  a  discrimination,  or  undue  or  unreasonable 
preference,  or  advantage  within  the  meaning  specified  ;  provided, 
however,  that  when  any  such  contract  or  contracts  are  or  become 
terminable  by  notice,  the  commission  shall  have  power,  in  its  dis- 
cretion, to  direct  bv  order,  that  such  contract  or  contracts  shall  be 


574  Chapter  99.  [1913 

terminated  as  and  when  directed  bj"  such  order,  (g)  No  railroad 
corporation  or  public  utility  shall  directly  or  indirectly  or  by  any 
special  rate,  rebate,  drawback  or  other  device  or  method,  make 
any  deviation  from  the"  rates,  fares,  charges  or  prices  for  any 
service  rendered  by  it  specified  in  its  schedules  on  file  and  in  ef- 
fect at  the  time  such  service  was  rendered,  (h)  No  railroad  or 
public  utility  shall  demand  or  receive  from  any  person,  firm  or 
corporation  less  compensation  for  any  service  rendered  or  to  be 
rendered  by  such  railroad  corporation  or  public  utility  in  con- 
sideration of  the  furnishing  by  said  person,  firm  or  corporation  o* 
any  part  of  the  facilities  incident  thereto,  provided,  however,  that 
nothing  herein  shall  be  construed  as  prohibiting  any  railroad  cor- 
poration or  public  utility  from  renting  any  facilities  incident  to 
its  service  and  paying  a  reasonable  rental  therefor,  or  as  requiring 
any  railroad  corporation  or  public  utility  to  furnish  any  part  of 
such  appliances  which  are  situated  in  and  upon  the  premises  of 
any  consumer,  except  telephone  station  equipment  upon  the  prem- 
ises of  subscribers,  and,  unless  otherwise  ordered  by  the  com- 
mission, meters  and  appliances  for  measurement  of  any  service. 
(i)  All  contracts  for  advertising  betw^een  newspaper  publishers 
and  railroad  corporations  and  public  utilities  shall  be  made  at  not 
exceeding  regular  advertising  rates,  and  such  contracts  shall  be 
open  to  inspection  by  the  commission  at  all  times,  (j)  Every  rail- 
road corporation  and  public  utility  acting  as  a  common  carrier  shall 
keep  a  correct  list  of  all  passes  by  it  issued,  except  those  issued  to 
its  officers  and  employees  and  their  families  and  exchange  inter- 
state passes  issued  under  the  laws  of  the  United  States.  Such  list 
shall  contain  the  name  of  each  person  to  whom  a  pass  is  issued  and 
a  general  description  of  said  pass.  A  copy  of  such  list  for  the  pre- 
ceding year,  in  such  form  as  the  commission  may  prescri])e.  shall 
be  filed  with  the  commission  under  such  regulations  as  the  com- 
mission may  prescribe.  Such  list  together  with  the  books,  recoi-ds 
and  papers  of  the  carrier  so  far  as  relevant,  shall  be  open  at  all 
times  to  the  inspection  of  the  commission  who  shall  examine  the 
same  whenever  they  deem  it  necessary  to  the  due  enforcement  of 
this  act. 
Repealing  clause;  Sect.  3.  All  acts  and  parts  of  acts  inconsistent  with  this  act 
act  takes  effect      ^rc  hcrcbv  repealed  and  this  act  shall  take  effect  July  1,  1913. 

July  1,   1913.  "  '■ 

[Approved  April  22.  1913.] 


1913] 


Chapter  100. 


575 


CHAPTER  100. 


AN    ACT   TO   ESTABLISH    A   XEW    APPORTIONMENT    FOR    THE    ASSESSMENT 

OF    PUBLIC    TAXES. 


Section* 

1.      Xpw    apportionmrnt    established. 


Skctiox 

2.      To  continue  until  aiuither  apiiortion- 
ment. 


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

Section  1.     That  of  every  thousand  dollars  of  public  taxes  here-  New  apportion- 
after  to  be  raised,  the  proportion  which  each  town  and  place  shall  ™^"' •''*'''^''^^''*'- 
pay.  and  for  which  the  treasurer  of  the  state  is  hereby  authorized 
to  issue  liis  wan-ant.  shall  be  as  follows,  to  wit : 

Rockingham  County,  $120.42. 

Atkinson,    eighty-eight    cents .$0.88 

Auburn,  one  dollar  and  seventy-three  cents 1.73 

Brentwood,  one  dollar  and  eighteen  cents 1.18 

Candia,  one  dollar  and  fifty-seven  cents 1.57 

Chester,  one  dollar  and  eighty-six  cents 1.86 

Danville,  seventy-seven  cents .77 

Deerfield,  one  dollar  and  eighty-two  cents 1.82 

Derry,  nine  dollars  and  seventy-five  cents P. 75 

East  Kingston,  seventy-five  cents .75 

Eppiug.  two  dollars  and  twenty  cents 2.20 

Exeter,  ten  dollars  and  thirty-three  cents 10.33 

Fremont,  one  dollar  and  twenty  cents 1.20 

Greenland,  one  dollar  and  thirty  cents 1.30 

Hampstead,  one  dollar  and  twenty-five  cents 1.25 

Hampton,  four  dollars  and  two  cents 4.02 

Hampton  Falls,  one  dollar  and  twenty-two  cents 1.22 

Kensington,  seventy-seven  cents .77 

Kingston,  one  dollar  and  fifty  cents 1.50 

Londonderry,  two  dollars  and  seventy-two  cents 2.72 

Newcastle,  one  dollar  and  twenty-one  cents 1.21 

Newfields.  seventy-two  cents .72 

Newington,  ninety-seven  cents .97 

Newmarket,  four  dollars  and  thirty-one  cents 4.31 

Newton,  one  dollar  and  eight  cents 1.08 

North  Hampton,  three  dollars  and  one  cent 3.01 

Northwood,  one  dollar  and  seventy-six  cents 1.76 

Nottingham,  one  dollar  and  fifty-eight  cents 1.58 

Plaistow.  one  dollar  and  fortv-two  cents 1.42 


576                                                               Chapter  100.  [1913 

Portsmouth,  thirty  dollars  and  forty -six  cents $30.46 

Raymond,  two  dollars  and  thirteen  cents 2.13 

Rye,  three  dollars  and  ninety-three  cents 3.93 

Saleni,  three  dollars  and  eighty-two  cents 3.82 

Sandown,  fifty-four  cents .54 

Seabrook,  ninety-five  cents .95 

South  Hampton,  forty-five  cents .45 

Stratham,  one  dollar  and  twenty-six  cents 1.26 

Windham,  fourteen  dollars 14.00 

Strafford  Couiity,  ^SOM. 

Barrington.  one  dollar  and  eighty-eight  cents $1.88 

Dover,  thirty  dollars  and  seventy  cents 30.70 

Durham,  one  dollar  and  seventy-four  cents 1.74 

Farmington,  four  dollars  and  fourteen  cents 4.14 

Lee,  one  dollar  and  fourteen  cents 1.14 

Madbury,  ninety  cents .90 

Middleton,  thirty-eight  cents .38 

Milton,  three  dollars  and  thirty-five  cents 3.35 

New  Durham,  ninety -six  cents .96 

Rochester,  seventeen  dollars  and  eighteen  cents 17.18 

Rollinsford,  three  dollars  and  ninety-five  cents 3.95 

Somersworth,  twelve  dollars  and  eighty-four  cents 12.84 

Strafford,  one  dollar  and  sixty-eight  cents 1.68 

Belknap  County.  $49.12. 

Alton,  three  dollars  and  thirty-four  cents $3.34 

Barnstead,  two  dollars  and  fifteen  cents 2.15 

Belmont,  two  dollars  and  thirty-eight  cents 2.38 

Center  Harbor,  one  dollar  and  fifty-five  cents 1.55 

Gilford,  two  dollars  and  one  cent 2.01 

Gilmanton,  one  dollar  and  sixty-one  cents 1.61 

Laconia,  twenty-two  dollars  and  forty  cents 22.40 

Meredith,  four  dollars  and  thirty-three  cents 4.33 

New  Hampton,  one  dollar  and  forty-nine  cents 1.49 

Sanbornton,  one  dollar  and  ninety-two  cents 1.92 

Tilton,  five  dollars  and  ninety-four  cents 5.94 

Carroll  County,  $36.00. 

Albany,  eighty-nine  cents $0.89 

Bartlett,  one  dollar  and  seventy-two  cents.  . 1.72 

Brookfield.  fifty-three  cents .53 

Chatliam,  fifty  cents .50 

Conway,  seven  dollars  and  thirteen  cents 7.13 


1913]  Chapter  100.  577 

Eaton,  forty-five  cents $0.45 

Effingham,  one  dollar 1.00 

Freedom,  eighty-eight  cents .88 

Hart's  Location,  thirty-one  cents .31 

Jackson,  one  dollar  and  eighteen  cents 1.18 

Madison,  one  dollar  and  one  cent 1.01 

IMonltonborough,  two  dollars  and  seventy-three  cents.  .  .  .  2.73 

Ossipee,  two  dollars  and  fifty-two  cents 2.52 

SandAvich,  two  dollars  and  sixty-five  cents 2.65 

Taniworth.  two  dollars  and  forty-three  cents 2.43 

Tuftonboro,  one  dollar  and  forty-nine  cents 1.49 

Wakefield,  three  dollars  and  fourteen  cents 3.14 

"Wolf eboro,  five  dollars  and  forty-two  cents 5.42 

Hale  *s  Location,  two  cents .02 

Merrimack  County,  .$135.15. 

Allenstowu,  two  dollars  and  forty-three  cents $2.43 

Andover,  two  dollars  and  forty-eight  cents 2.48 

Boscawen,  two  dollars  and  thirty-two  cents 2.32 

Bow.  four  dollars  and  sixty-six  cents 4.66 

Bradford,  one  dollar  and  ninety-five  cents 1.95 

Canterbury,  two  dollars  and  ten  cents 2.10 

Chichester,  one  dollar  and  sixty-seven  cents 1.67 

Concord,  fifty-nine  dollars  and  ninety-nine  cents 59.99 

Danbury,  one  dollar  and  twenty-four  cents 1.24 

Dunbarton,  one  dollar  and  thirty  cents 1.30 

Epsom,  one  dollar  and  eighty-six  cents 1.86 

Franklin,  thirteen  dollars  and  twenty-seven  cents 13.27 

Henniker,  three  dollars  and  forty-nine  cents 3.49 

Hill,  one  dollar  and  seven  cents 1.07 

Hooksett.  three  dollars  and  forty  cents 3.40 

Hopkinton,  three  dollars  and  eighty-four  cents 3.84 

Loudon,  two  dollars  and  forty-seven  cents 2.47 

Newbury,  one  dollar  and  ninety-six  cents 1.96 

New  London,  two  dollars  and  seventy-six  cents 2.76 

Northfield,  three  dollars  and  five  cents 3.05 

Pembroke,  four  dollars  and  ninety-five  cents 4.95 

Pittsfield.  four  dollars  and  fifty-two  cents 4.52 

Salisbury,  one  dollar  and  six  cents 1.06 

Sutton,  one  dollar  and  sixty-two  cents 1.62 

"Warner,  three  dollars  and  twenty-eight  cents 3.28 

Webster,  one  dollar  and  fifty- four  cents 1..54 

Wilmot,  eighty-seven  cents .87 


578                                                              Chapter  100.  [1913 

Hillsborough  County,  $296.05. 

Amherst,  three  dollars  and  thirteen  cents $3.13 

'                Antrim,  two  dollars  and  fifty-six  cents 2.56 

Bedford,  two  dollars  and  seventy-five  cents 2.75 

Bennington,  one  dollar  and  seventy-six  cents 1.76 

Brookline,  one  dollar  and  twenty-two  cents 1.22 

Deering,  eighty-six  cents .86 

Francestown,  one  dollar  and  twenty-eight  cents 1.28 

Goffstown,  five  dollars  and  fifty-three  cents 5.53 

Greenfield,  one  dollar  and  one  cent 1.01 

Greenville,  two  dollars  and  twenty-five  cents 2.25 

Hancock,  one  dollar  and  sixty-six  cents 1.66 

Hillsborough,  four  dollars  and  fifty-six  cents 4.56 

Hollis,  one  dollar  and  ninety-six  cents 1.96 

Hudson,  two  dollars  and  eighty-one  cents 2.81 

Litchfield,  one  dollar  and  three  cents 1.03 

Lyndeborough,  one  dollar  and  fourteen  cents 1.14 

Manchester,  one  hundred  and  seventy-four  dollars  and 

sixty-nine  cents ]  74.69 

Mason,  seventy-one  cents .71 

Merrimack,  three  dollars  and  four  cents 3.04 

Milford,  seven  dollars  and  forty-nine  cents 7.49 

Mont  Vernon,  one  dollar  and  twenty-eight  cents 1.28 

Nashua,  fifty-three  dollars  and  five  cents 53.05 

New  Boston,  two  dollars  and  ninety  cents 2.90 

New  Ipswich,  one  dollar  and  ninety-four  cents 1.94 

Pelham,  one  dollar  and  fifty-three  cents 1.53 

Peterborough,  five  dollars  and  ninety-three  cents 5.93 

Sharon,  twenty-three  cents .23 

Temple,  sixty-one  cents .61 

Weare,  three  dollars  and  twenty-four  cents 3.24 

Wilton,  three  dollars  and  eighty  cents 3.80 

"Windsor,  ten  cents .10 

Cheshire  County,  $69.79. 

Alstead,  one  dollar  and  fifty  cents $1.50 

Chesterfield,  one  dollar  and  ninety-six  cents 1.96 

Dublin,  three  dollars  and  forty-three  cents 3.43 

Fitzwilliam,  one  dollar  and  eighty-two  cents 1.82 

Gilsum.  fifty-six  cents .56 

Harrisville,  one  dollar  and  thirty-nine  cents 1.39 

Hinsdale,  four  dollars  and  ninety-two  cents 4.92 

Jaffrey,  three  dollars  and  eighty-two  cents 3.82 

Keene,  twenty-three  dollars  and  forty  cents 23.40 


1913]  Chapter  lOO.  579 

Marlborough,  two  dollars  and  four  cents $2.04 

Marlow,  sixty-seven  cents .67 

Nelson,  fifty-four  cents .54 

Richmond,  one  dollar  and  thirty-one  cents 1.31 

Rindge.  two  dollars  and  fifteen  cents 2.15 

Roxbury.  twenty-nine  cents .29 

Stoddard,  sixty-eight  cents .68 

Sullivan,  fifty-three  cents .53 

Surry,  fifty-six  cents .56 

Swanzey,  three  dollars  and  ten  cents 3.10 

Troy,  two  dollars  and  eleven  cents 2.11 

Walpole,  seven  dollars  and  twenty-two  cents 7.22 

Westmoreland,  one  dollar  and  thirty-six  cents 1.36 

"Winchester,  four  dollars  and  forty-three  cents 4.43 

Sullivan  County,  $39.70. 

Acworth.  eighty-nine  cents $0.89 

CharlestoAvn,  three  dollars  and  forty  cents 3.40 

Claremont.  fifteen  dollars  and  forty-seven  cents 15.47 

Cornish,  one  dollar  and  ninety-one  cents 1.91 

Croydon,  sixty-eight  cents .68 

Goshen,    forty-seven   cents .47 

Grantham,  fifty-nine  cents .59 

Langdon.    fifty-one    cents .51 

Lempster,  fifty-five  cents .55 

Newport,  seven  dollars  and  eighty-eight  cents 7.88 

Plainfield,  one  dollar  and  seventy-eight  cents 1.78 

Springfield,  ninety-three  cents ,  .  .93 

Sunapee,  three  dollars  and  seventeen  cents 3.17 

Unity,  seventy-three  cents .73 

Washington,  seventy-four  cents .74 

Grafton  County.  $96.56. 

Alexandria,  eighty-nine  cents $0.80 

Ashland,  two  dollars  and  ninety-eight  cents 2.98 

Bath,  one  dollar  and  seventy-six  cents 1.76 

Benton,  fifty-eight  cents .58 

Bethlehem,  three  dollars  and  seventy-two  cents 3.72 

Bridgewater,  sixty-eight  cents .68 

Bristol,  three  dollars  and  forty-one  cents 3.41 

Campton,  one  dollar  and  eighty-nine  cents 1.89 

Canaan,  two  dollars  and  eighty-three  cents 2.83 

Dorchester,  forty-three  cents .43 

Easton.  fortv-five  cents .45 


580                                                               Ch.vpter  100.  [1913 

Ellsworth,  pleveii  cents $0.11 

Enfield,  two  dollars  and  seventy-six  cents 2.76 

Franconia,  one  dollar  and  eighty-four  cents 1.84 

Grafton,  one  dollar  and  forty-three  cents 1.43 

Groton,  thirty-eight  cents .38 

Hanover,  six  dollars  and  eighty-two  cents 6.82 

Haverhill,  six  dollars  and  ninety-two  cents 6.92 

Hebron,  fifty-four  cents .54 

Holderness,  two  dollars  and  fifty-nine  cents 2.59 

Landaff,  one  dollar  and  seven  cents 1.07 

Lebanon,  ten  dollars  and  eighty  cents 10.80 

Lincoln,  eight  dollars  and  fifty-one  cents 8.51 

Lisbon,  five  dollars  and  twelve  cents 5.12 

Littleton,  eight  dollars  and  one  cent 8.01 

Livermore,  seventy-three  cents .73 

Lyman,  sixty-eight  cents .68 

Lyme,  two  dollars  and  nine  cents 2.09 

Monroe,  eighty-tliree  cents .83 

Orange,  thirty-nine  cents .39 

Orford,  one  dollar  and  forty-four  cents 1.44 

Piermont,  one  dollar  and  twenty-four  cents 1.24 

Plymouth,  five  dollars  and  fourteen  cents 5.14 

Rumney,  one  dollar  and  sixty  cents 1.60 

Thornton,  seventy-seven  cents .77 

Warren,  one  dollar  and  twenty-two  cents 1.22 

Waterville,  one  dollar  and  eleven  cents 1.11 

Wentworth.  one  dollar  and  six  cents 1.06 

AVoodstock,  one  dollar  and  seventy-four  cents 1.74 

Coos  County.  .$68.56. 

Berlin,  eighteen  dollars  and  forty-eight  cents $18.48 

Carroll,  three  dollars  and  eighty-two  cents 3.82 

Clarksville,  one  dollar  and  twenty-two  cents 1.22 

Colebrook,  four  dollars  and  eighteen  cents 4.18 

Columbia,  one  dollar  and  thirty-six  cents 1.36 

Dalton,  sixty-three  cents .63 

Dummer,  seventy-nine  cents .79 

Erroll,  one  dollar  and  ninety-four  cents 1.94 

Gorham,  four  dollars  and  five  cents 4.05 

Jefferson,  two  dollars  and  seven  cents 2.07 

Lancaster,  six  dollars  and  eighty-eight  cents 6.88 

Milan,  one  dollar  and  sixty-nine  cents 1.69 

Northumberland,  two  dollars  and  seventy-eight  cents.  .  .  .  2.78 

Pittsburg,  seven  dollars  and  eighty-nine  cents 7.89 


1913]  Chapter  lOO.  581 

Randolph,  fifty-six  cents $0.56 

Shelbnrne,  one  dollar  and  sixteen  cents 1.16 

Stark,  ninety-three  cents .93 

Stewartstown.  one  dollar  and  fifty-eight  cents 1.58 

Stratford,  two  dollars  and  fifty-six  cents 2.56 

Wentworth's  Location,  fifty  cents .50 

Whitefield.  three  dollars  and  forty-nine  cents 3.49 

Tnincorporated  Places  in  Coos  County,  $7.81. 

Bean's  Grant,  twenty-six  cents .$0.26 

Bean's  Purchase,  three  cents .03 

Cambridge,  one  dollar  and  thirty-nine  cents 1.39 

Chandler's  Purchase,  twelve  cents .12 

Crawford's  Purchase,  eighteen  cents .18 

Cutt  's  Grant,  eight  cents .08 

Dixville,  one  dollar  and  seventeen  cents 1.17 

Dix  Grant,  twenty-six  cents .26 

Erving's  Grant,  eleven  cents .11 

Green's  Grant,  four  cents .04 

Gilmanton   and   Atkinson   Academy   Grant,   thirty-tliree 

cents .33 

Hadley's  Purchase,  thirteen  cents .13 

Kilkenny,  seven  cents .07 

Martin's  Location,  four  cents .04 

Millsfield,  sixty-four  cents .64 

Odell,  thirty-seven  cents .37 

Pinkham's  Grant,  two  cents .02 

Sargent's  Purchase,  seventy-nine  cents .79 

Second  College  Grant,  forty-one  cents .41 

Success,  ninety-six  cents .96 

Thompson  and  Meserve's  Purchase,  forty-one  cents .41 

Sect.  2.     The  same  shall  be  the  proportion  of  a.ssessment  of  all  To  continue  until 
public  taxes  until   a   new   apportionment   shall   be   made   and   es-  tionment. ' 
tablished,    and    the   treasurer   for   the   time   being   sliall   issue   his 
warrant  accordingly. 

[Approved  April  22.  1913.] 


582 


Chapter  101. 


ri913 


CHAPTER  101. 


AX  ACT  IX  RELATIOX  TO  THE  IXDUSTRIAL  SCHOOL. 


Section 

Section 

1. 

Xame  continued. 

19. 

Minors    sentenced    by    federal    courts 

2. 

Trustees,     uiiniber    and    appointment 

may   be   received. 

of. 

20. 

Minors  committed  under  certain  acts, 

3. 

Trustees   have   corporate  powers. 

status   of. 

4. 

Approval    of    bills. 

21. 

Conditional   release    during   minority. 

5. 

Adoption  of  by-laws. 

22. 

Trustees   may   pay   board   of   released 

6. 

Scholars  to  be  instructed,  et<?. 

scholar. 

7_ 

Trustees*    visits   and   examinations. 

2.3. 

Scholars    bound    out    as    apprentices. 

8. 

Trustees  to   receive   no   pay. 

24. 

Character     of     custodian     to     be     re- 

9. 

Choice   of   president    and    clerk;    ap- 

garded. 

pointment   of   superintendent,    etc. 

2.1. 

Release  or  binding  out  not  discharge. 

10. 

Duties  of   superintendent. 

26. 

Parole       officer,       appointment       and 

11. 

Contracts     of     superintendent,     when 

duties. 

binding. 

Rejiorts   of   parole   otlicer   and   action 

12. 

Government    and    instruction. 

thereon. 

13. 

Register  of  scholars  to  be  kept. 

28. 

Rights     of     board    of     charities     and 

14. 

Treasurer,   duties  of. 

correction. 

15. 

Committal   after   conviction   of   crime. 

29. 

Provisions    for    parole    and    binding 

16. 

Committal   of   truants,    etc. 

out,    to    whom   applicable. 

17. 

Transfer  to   school  of  minors  errone- 

30. 

Incorrigibles,   transfer   of. 

ously    committed. 

31. 

Discharge  for  good  conduct. 

18. 

Scholars    subject    to    control    during 

32. 

Repealing  clause. 

minority. 

ns. 

Takes   efteet   on   passage. 

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


Name  continued. 


Trustees,     number 
and  appoint- 
ment of. 


To  have  corporate 
powers. 


Sectiox"  1.  The  Industrial  School,  established  at  Manchester  and 
now  used  for  juvenile  offenders,  shall  be  continued  under  the  same 
name. 

Sect.  2.  The  school  shall  be  under  the  charge  of  a  board  of  seven 
trustees.  The  members  of  the  present  board  shall  continue  as 
trustees  until  the  expiration  of  the  terms  for  which  they  were  sev- 
erally appointed.  Thereafter  the  governor,  with  the  advice  and 
consent  of  the  council,  shall  appoint  a  trustee  for  the  term  of  three 
years  whenever  the  term  of  office  of  a  trustee  expires.  All  vacancies 
occurring  in  the  board  before  the  expiration  of  the  term  of  office 
of  a  trustee  shall  be  filled  for  the  unexpired  term  in  like  manner. 

Sect.  3.  The  board  shall  be  known  as  the  Trustees  of  the  Indus- 
trial School,  and  shall  be  a  corporation  for  the  purpose  of  taking, 
holding  and  managing,  in  trust  for  the  state,  lands,  money,  or  other 
property  granted,  devised,  or  bequeathed  for  the  use  of  the  school, 
and  of  selling  and  conveying  the  same  and  of  investing  the  proceeds 
thereof.  The  right  of  conveying  and  selling  lands  or  other  property 
held  in  trust  by  the  Trustees  of  the  Industrial  School  for  the  state 
and  the   right   to   invest   the   proceeds  thereof  in   lands   or   other 


1913]  Chapter  101.  583 

property  to  be  held  in  trust  by  the  Trustees  of  the  Industrial  School 
for  the  state  is  hereby  granted  to  said  board  of  trustees  with 
full  power  to  execute  valid  conveyances  therefor  without  further 
legislative  authority.  But  the  said  trustees  shall  not  sell  or  convey 
any  lands  or  other  property  under  authority  of  this  section,  nor 
shall  they  reinvest  the  proceeds  of  such  lands  or  property,  without 
first  obtaining  the  consent  and  the  approval  of  the  governor  and 
council  to  such  sale,  conveyance  or  reinvestment  and  to  the  terms 
thereof. 

Sect.  4.  All  bills  against  the  school  shall  be  approved  by  at  least  Approval  of  biiu. 
two  of  the  trustees  before  the  same  are  forwarded  to  the  state  au- 
ditor for  allowance.  All  books  and  documents  relating  to  the  insti- 
tution shall  at  all  times  be  open  to  examination  of  the  state  auditor, 
the  governor  and  council,  or  of  a  committee  of  the  legislature,  or 
either  branch  thereof. 

Sect.  5.     They  shall  adopt,  and  may  from  time  to  time  alter  Adoption  x 
and  amend,  by-laws  for  the  government  of  the  institution  and  for  ^■^^^■ 
the  management  of  its  concerns,   and  shall  prescribe  therein  the 
powers  and  duties  of  the  superintendent  and  other  officers  and 
persons  connected  with  the  institution. 

Sect.  6.     They  shall  see  that  the  scholars  sent  to  the  school  are  instruction  of 
properly  instructed,  employed,  and  cared  for ;  and  that  the  affairs  ^"^  °  ^"'  ®*'^' 
of  the  institution  are  conducted  according  to  law  and  the  by-laws 
thereof,  and  that  strict  discipline  is  maintained  therein. 

Sect.  7.     One  or  more  of  the  trustees  shall  visit  the  institution  visits  and  exami- 
once  in  every  two  weeks.     Once  in  every  three  months  the  institu- 
tion shall  be  examined  by  a  majority  of  the  trustees. 

Sect.  8.     The  trustees  shall  receive  no  compensation  for  service ;  ^o  receive  no  pay. 
but  they  shall  be  allowed  the  expenses  incurred  by  them  in  the  dis- 
charge of  their  duties. 

Sect.   9.     The  trustees  shall  annuallv  choose  a  president  and  Choice  of  president 

,      1  in  .  .  .  "^  .  ,  and    clerk;    ap- 

cierk.  and  irom  time  to  time  appoint  a  superintendent,  treasurer,  pointment  of 

■  1  1       xi  /v  T  1  T  superintendent. 

teachers,  and  other  necessary  orhcers  and  agents,  and  may  remove 
them  at  pleasure,  and  they  shall  fix  the  compensation  of  such  ap- 
pointees. The  superintendent  and  treasurer,  before  entering  upon 
their  duties,  shall  each  give  bond  to  the  state  in  the  sum  and  with 
sureties  satisfactory  to  the  governor  and  council,  conditioned  faith- 
fully to  perform  their  respective  duties,  and  to  account  for  all 
moneys  and  property  received  by  them  in  their  respective  offices, 
which  bonds  shall  be  deposited  in  the  office  of  the  secretary  of 
state. 

Sect.  10.     The  superintendent,  subject  to  the  control  of  the  trus-  Duties  of 
tees,  shall  have  charge  of  the  lands,  buildings,  furniture,  tools,  im-  ^'^p^"'^'^'^'*""'- 
plements,  stock,  provisions,  and  other  property  of  the  institution. 
He  shall  keep  in  suitable  books,  regular  and  complete  accounts  of 


584 


Chapter  101. 


[1913 


Contracts    of 
superintendent. 


Govfcrnmem  and 
instruction. 


Register  of 
scholars. 


Duties   of 
treasurer. 


Committal  after 
conviction  of 
crime. 


Conamittnl  of 
truants,  etc. 


all  liis  receipts  and  expenditures,  and  of  the  debts,  credits,  con- 
tracts, and  property  of  the  institution,  showing  its  income  and  ex- 
penses, and  shall  account  to  the  trustees  annually,  and  at  such 
other  times  as  they  may  require,  for  all  moneys  received  and  paid 
out  by  him.  Such  accounts  shall  be  specific,  containing  the  dates 
and  amounts  of  all  receipts,  and  the  date,  quantity,  and  price  of 
every  article  purchased  or  procured. 

Sect.  11.  Contracts  made  by  the  superintendent  on  account  of 
the  institution,  being  in  writing  and  approved  by  the  trustees  when 
tlie  by-laws  require  it,  shall  be  binding  on  the  corporation,  and 
proper  actions  may  be  maintained  thereon  in  favor  of  or  against 
the  corporation. 

Sect.  12.  The  superintendent  shall  be  a  constant  resident  at 
the  institution,  and  he  and  such  subordinate  officers  as  the  trustees 
may  appoint,  under  his  direction,  shall  have  the  custody  and  charge 
of  the  scliolars  therein,  shall  discipline,  govern,  instruct,  and  em- 
ploy them,  and  shall  use  their  best  endeavors  to  preserve  their 
health,  promote  their  improvement  in  such  studies,  trades,  and  em- 
ployments as  may  be  suited  to  their  ages  and  capacities,  and  to 
secure  the  formation  of  moral,  religious,  and  industrious  habits. 

Sect.  13.  The  superintendent  shall  keep  a  register  containing 
the  name,  residence,  and  age  of  each  scholar,  with  the  date  and  term 
of  his  commitment,  and  the  time  and  manner  of  his  discharge,  to 
which  shall  be  added  such  facts  relative  to  his  deportment  at  the 
school  and  liis  personal  and  family  history  as  may  be  of  im- 
portance. 

Sect.  14.  The  treasurer  shall  receive  all  moneys  belonging  to 
the  institution,  and  shall  pay  them  out  as  authorized  by  laM'.  He 
shall  keep,  in  suitable  books,  regular  and  complete  accounts  of  all 
moneys  received  and  all  moneys  disbursed  by  him,  and  shall  render 
accounts  thereof  to  the  trustees  at  such  times  as  they  may  require. 

Sect.  15.  Whenever  a  minor  under  the  age  of  seventeen  years 
shall  be  convicted  of  an  offense  punishable  otherwise  than  by  im- 
prisonment for  life,  he  shall  be  sentenced  to  the  industrial  school 
for  the  term  of  his  minority.  Provided,  that  nothing  in  this  act 
shall  be  deemed  to  prevent  such  sentence  being  suspended  under 
the  provisions  of  any  other  law. 

Sect.  16.  Whenever  a  minor  under  the  age  of  seventeen  is  a 
truant,  or  incorrigible,  or  knowingly  associates  with  vicious  or  im- 
moral persons,  or  is  growing  up  in  idleness  or  crime,  or  knowingly 
patronizes  any  place  where  gambling  is  carried  on,  or  frequents 
a  house  of  illfame  and  such  minor  is  brought  before  a  court  or 
justice,  such  court  of  justice  may.  upon  such  fact  being  shown, 
order  the  minor  to  be  committed  to  the  industrial  school  for  the 
term  of  liis  minority. 


1913]  Chapter  101.  585 

Sect.  17.     If  aiiv  minor  under  the  age  of  seventeen  shall  be  Transfer  to  school 

11  '         ,.  .         <>     ,1   •  i    j^  Ti-       1  "f    minors    errone- 

eoniniitted  by  error  ot  any  court  oi  this  state  or  any  political  ousiy  committed. 
subdivision  thereof  to  any  penal  institution  other  than  the  indus- 
trial school,  the  Trustees  of  the  Industrial  School,  the  state  board  of 
charities  and  correction,  the  state's  attorney,  the  minor  or  any 
person  interested  in  the  minor  may,  upon  bringing  the  matter  to 
the  attention  of  a  justice  of  the  superior  court,  obtain  an  order 
from  such  justice  that  the  order  by  which  such  erroneous  commit- 
ment was  made  shall  be  modified  so  as  to  provide  for  the  commit- 
ment of  such  minor  to  the  industrial  school  for  the  term  of  minority, 
and  the  justice  shall  issue  a  new  mittimus  accordingly. 

Sect.  18.     All  minors  committed  to  the  industrial  school  under  Scholars  subject  to 

„      ,  -,  .  ,  .  1      Ti    1  1         j^i  control   during 

the  terms  of  the  preceding  three  sections  shall  be  under  the  care  minority. 
and  subject  to  the  control  of  the  trustees  of  the  school  until  such 
minors  attain  the  age  of  twenty-one  years.  Nothing  done  under 
the  provisions  of  the  sections  hereinafter  authorizing  the  trustees 
to  release  or  bind  out  such  minors  shall  be  construed  as  an  uncon- 
ditional release  from  such  care  and  control;  but  such  minors  shall 
always,  until  they  attain  the  age  of  twenty-one  years,  be  subject  to 
be  returned  to  the  fuH  care  and  control  of  the  trustees,  except  as 
hereinafter  provided. 

Sect.  19.  The  trustees  may  receive,  clothe,  and  discipline  juve- Minors  sentenced 
nile  offenders  sent  to  the  institution  by  virtue  of  any  act  of  the  m^ayV^ecefv^d.* 
congress  of  the  United  States,  for  such  reasonable  compensation 
as  may  be  agreed  upon  between  them  and  the  United  States  au- 
thorities; and  the  superintendent  of  the  institution  shall  receive 
and  detain  such  offenders  as  if  they  had  been  sentenced  by  a  state 
court.  Provided,  that  such  offenders  shall  be  received  at  the  said 
school  only  upon  condition  that  they  have  the  same  rights  as  to 
release,  indenture  and  discharge  hereinafter  provided  for  children 
committed  to  the  school. 

Sect.  20.  Minors  under  the  age  of  seventeen  may  be  committed  status  of  certain 
to  the  school  under  the  provisions  of  chapter  110,  Laws  of  1901, 
and  of  sections  15  and  16.  chapter  125,  Laws  of  1907,  but  such 
minors  shall  not  be  subject  to  the  provisions  of  this  act  relative  to 
release,  indenture  and  discharge,  though  they  shall  be  subject  to 
the  treatment  hereinafter  provided  for  incorrigibles  until  such  time 
as  their  cases  are  disposed  of  by  the  superior  court. 

Sect,  21.  Whenever  the  Trustees  of  the  Industrial  School  shall  Conditional 
deem  it  proper  and  for  the  best  interests  of  any  child  under  their 
charge  that  such  child  shall  be  released  from  the  school  before 
attaining  the  age  of  twenty-one  years,  they  may  release  him  upon 
such  conditions  as  they  may  in  their  discretion  fix.  No  release  shall 
be  effective  until  provisions  have  been  made  for  the  proper  care 
of  the  released  person  elscAvhere  than  at  the  school. 


586  Chapter  101.  [1913 

Trustees  may  pay      Sect.  22.     The  trustees  of  the  school  may  contract  to  pay  the 

scholar.  '  boErd  of  a  released  child  wheu  such  child,  because  of  age  or  other 
conditions,  is  unable  to  earn  his  board  and  no  proper  place  can  be 
found  for  such  child  without  payment  of  board.  Payments  so 
made  shall  be  charged  to  the  expenses  of  the  school  in  the  same 
manner  as  if  they  were  payments  for  boarding,  instructing  and 
disciplining  the  child  at  the  school. 

Scholars  bound  Sect.  23.  The  trustccs  may  bind  out  as  an  apprentice  or  servant 
as  appien  ices.  ^^  ^^  inhabitant  of  this  state  any  child  committed  to  their  charge. 
To  this  end  they  may  make  indentures  for  such  binding  out  for  any 
time  not  exceeding  the  minority  of  the  child  as  seems  to  them 
proper.  But  in  every  such  indenture  the  trustees  shall  reserve 
the  right,  by  giving  notice  in  writing  to  that  effect,  to  cancel  the 
indenture  and  remove  the  child  from  the  master,  whenever  it  shall 
appear  to  the  trustees  that  the  further  continuance  of  the  child 
with  the  ma.ster  will  be  prejudicial  to  the  best  interests  of  the  child. 
No  indenture  shall  be  assignable  without  written  consent  of  the 
trustees  given  at  the  time  or  [of]  assignment  and  after  full  in- 
vestigation. 

Character  of  Sect.  24.     In  all  questious  of  release  and  binding  out  the  trustees 

shall  have  scrupulous  regard  to  the  religious  and  moral  character 
of  those  under  whose  custody  a  released  or  indentured  child  is 
placed. 

Release  or  binding  Sect.  25.  No  rclcasc  Or  binding  out  of  a  child  shall  operate  as 
°^'  a  discharge  of  the  child  from  the  school.  The  trustees  shall  be 
deemed  to  have  the  care  and  control  of  children  released  or  bound 
out  until  they  attain  the  age  of  twenty-one  years,  and  such  care 
and  control  as  are  meanwhile  conferred  by  the  trustees  upon  others 
shall  be  construed  to  be  conferred  as  upon  agents  of  the  trustees. 
The  trustees  shall  have  full  power  at  any  time  to  modify  or  cancel 
any  arrangement  for  the  release  or  binding  out  of  a  child,  to  return 
the  child  to  the  school,  or  to  make  new  arrangements  for  the  cus- 
tody of  the  child  elsewhere,  such  power  to  continue  until  tlie  child 
attains  the  age  of  twenty-one  years. 

Parole  officer,  ap-      Sect.  26.     The  trustccs  shall  annually  appoint  a  parole  officer 

dude™^"  ^"^  for  the  school,  who  shall  have  the  duty,  under  their  direction  and 
subject  to  regulations  prescribed  by  them,  of  seeking  out  proper 
places  for  children  fitted  to  be  released  or  bound  out  and  of  keeping 
in  touch  with  children  after  they  are  released  or  bound  out,  by 
visitation,  obtaining  reports  as  to  their  conduct,  surroundings  and 
associations,  or  in  such  other  manner  as  the  trustees  may  prescribe. 
The  trustees  shall  fix  the  salary  of  the  parole  officer,  and  his  salary 
and  expenses  shall  be  paid  out  of  the  current  expense  funds  of 
the  school. 


1913]  Chapter  loi.  587 

Sect.  27.  The  parole  officer  shall  report  his  doings  to  tiie  trus-  Reports  of  parole 
tees  as  often  as  required  by  them.  Whenever  he  deems  it  best  that  thereoiu'* 
any  child  released  or  bound  out  shall  be  placed  under  dififerent  con- 
ditions, he  shall  report  the  case  fully  to  the  trustees  or  to  any 
committee  of  the  trustees  to  which  such  matters  may  be  delegated 
by  the  full  board,  and  the  trustees,  or  such  committee,  if  one  be 
authorized,  shall  make  or  cause  to  be  made  such  changes  in  the 
placing  of  the  child  or  the  conditions  of  his  release  as  they  deem  for 
the  best  interest  of  the  child ;  or  they  may  order  the  parole  officer 
to  remand  the  child  to  school  for  further  observation  and  treat- 
ment, or  pending  the  making  of  new  arrangements  for  the  placing 
out  of  the  child.  Any  order  in  writing  given  to  the  parole  officer 
by  the  trustees  or  by  a  committee  of  the  board  authorized  to  attend 
to  such  matters,  shall  confer  upon  the  parole  officer  full  power  and 
authority  to  take  the  person  of  the  child  and  remove  him  as 
directed. 

Sect.  28.     The  state  board  of  charities  and  correction  shall  have  Rights  of  board  of 
the  right  to  visit  and  privately  interview  all  released  and  inden-  correction. 
tured  children,  and  may  at  all  times  require  of  the  trustees  of  the 
school,  the  superintendent  or  the  parole  officer   full  information 
as  to  the  location  and  conditions  of  release  or  terms  of  indenture 
of  any  children  placed  out  by  the  school. 

Sect.  29.  The  provisions  of  this  act  relative  to  placing  out  Parole  and  bind- 
children  shall  be  applicable  to  all  children  heretofore  committed  aflee^ted'. 
to  the  industrial  school  and  now  confined  there  until  such  time 
as  their  sentences  shall  expire.  All  children  who  have  heretofore 
been  released  from  the  school  without  formal  and  final  discharge 
and  whose  sentences  have  not  yet  expired  shall  come  under  the 
provisions  of  this  act  and  so  remain  until  the  expiration  of  their 
•sentences. 

Sect.  30.  If  any  child  committed  to  the  school  shall  be  found  incorrigibies, 
b.y  the  trustees  to  be  incorrigible,  and  dangerous  to  the  discipline  of  ^"'"^  ^^  °  ' 
the  school,  the  trustees  may  order  such  child  to  be  transferred  and 
committed  to  some  other  state  institution  for  such  time  as  they 
see  fit,  but  not  exceeding  the  time  when  his  sentence  to  the  indus- 
trial school  expires.  Or  such  child  may  be  transferred  and  com- 
mitted to  any  county  institution  upon  payment  thereto  by  the 
school  of  such  sum  as  may  be  reasonable  for  his  care  and  mainte- 
nance, and  for  such  term,  not  exceeding  his  term  at  the  school, 
as  the  trustees  may  determine.  This  disposition  of  the  child  may 
be  at  any  time  modified  in  the  discretion  of  the  trustees,  as  in  the 
case  of  released  children.  A  written  order  of  the  trustees  shall 
authorize  the  keeper  of  such  state  or  county  institution  to  receive 
and  keep  or  to  discharge  into  the  keeping  of  the  parole  officer  any 
such  child. 


588 


Chapter  102. 


[1913 


Discharge  for  good 
cosduct. 


Repealing  clause. 


Takes   effect 
C'E   passage. 


Sect.  31.  Any  scholar  distinguishing  himself  by  obedience,  dili- 
gence, and  good  conduct  may  be  discharged  by  the  trustees,  when- 
ever they  shall  deem  such  discharge  for  his  best  interest  and  that 
of  the  state.  Every  such  discharge  shall  be  in  writing,  and  shall 
be  a  full  release  from  all  the  penalties  and  disabilities  created  by 
the  sentence,  and  may  be  in  such  terms  of  commendation  as  the 
scholar  deserves. 

Sect.  32.  Chapter  284  of  the  Public  Statutes,  chapter  45  of  the 
Laws  of  1899,  chapter  15  of  the  Laws  of  1901,  chapter  133  of  the 
Laws  of  1907,  chapters  34  and  151  of  the  Laws  of  1909,  chapter  155 
of  the  Laws  of  1911,  and  all  other  acts  and  parts  of  acts  incon- 
sistent with  this  act  are  hereby  repealed.  But  this  act  shall  not  be 
deemed  to  repeal  the  provisions  of  chapter  110,  Laws  of  1901. 

Sect.  33.     This  act  shall  take  effect  on  its  passage. 

[Approved  April  24.  1913.] 


CHAPTER  102. 


AN  ACT  IN  AMENDMENT  OF  SECTION  8  OP  CHAPTER  95  OP  THE  LAWS 
OP  1903  AS  AMENDED  BY  CHAPTER  49  OP  THE  LAWS  OP  1905  AND 
CHAPTER  118  OP  THE  LAWS  OP  1909  AND  CHAPTER  115  OP  THE  LAWS 
OP  1911  RELATING  TO  THE  REGULATION  OP  THE  TRAPPIC  IN  INTOXI- 
CATING LIQUOR. 


Section 

1.      Druggist's    liquor    license,    who    may 
have. 


Section 

2.     Repealing  clause;  act  takes  eflfect  on 
passage. 


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


Druggist's   liquor 
license,   who 
may  have. 


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  and  chapter  115  of  the  Laws  of  1911  by  adding 
at  the  end  of  sub-division  3  of  said  section  the  following :  and  the 
license  commissioners  may,  in  their  discretion,  grant  licenses  of 
the  5th  class  to  any  person,  otherwise  qualified,  who  has  been  a 
registered  pharmacist  of  New  Hampshire  and  an  actual  resident 
thereof  for  one  year  prior  to  the  date  of  his  application,  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 
New  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 


1913]  Chapters  103,  104.  589 

of  his  applicatiou ;  except  that  this  provision  shall  not  apply  to 
a  hona-fide  purchaser  or  lessee  of  hotel  property  situate  in  any  town, 
and  the  license  commissioners  may,  in  their  discretion,  grant  licenses 
of  the  5th  class  to  any  person,  otherwise  qualified,  who  lias  been 
a  registered  pharmacist  of  New  Hampshire  and  an  actual  resident 
thereof  for  one  year  prior  to  the  date  of  his  application. 

Sect.  2.     All  acts  and  ])arts  of  acts  inconsistent  with  tliis  act  Repealing  clause; 
are  hereby  repealed  and  this  act  shall  take  effect  upon  its  passage,     on  pass^age.  ^'^ 

[Approved  April  29,  1913.] 


CHAPTER  103. 

AN  ACT  RELATING  TO  THE  SALARY  OP  THE  TREASURER  OP  THE  COUNTY 

OF  STRAFFORD. 


Sectiox 

1.      Annual    salary    of    $400;    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  treasurer  of  the  county  of  Annual  salary  of 
Strafford  shall  hereafter  be  four  hundred  dollars  per  annum,  pay-  clause.      ^^  ^^^ 
able  as  now  provided  by  law :  and  so  much  of  section  19,  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 

V  on  passage. 

[Approved  April  29,  1913.] 


CHAPTER  104. 


AN    ACT    TO    DEFINE    THE    DUTIES    OP    THE    TREASURER    OP    STRAFFORD 
COUNTY  IN  RESPECT  TO  DEPOSITING  COUNTY  FUNDS. 

Section  i    Section 

1.     Where  funds  to  be  deposited.  '        2.     Takes  effect  on  passage. 

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  Strafford  Where  deposited. 
county  in  this  state  to  deposit  all  the  money  belonging  to  the  county 


590 


Chapter  105. 


[1913 


Takes  effect 
on   passage. 


in  his  possession  in  such  banks  and  trust  couipaiiies  in  this  state  as 
shall  from  time  to  time  be  approved  by  the  county  commissioners, 
but  the  amount  that  may  be  deposited  in  any  bank  or  trust  com- 
pany 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  interest 
on  daily  balances.  The  interest  secured  shall  belong  to  the  county. 
Sect.  2.     This  act  shall  take  effect  on  its  passage. 

[Approved  April  29,  1913.] 


CHAPTER  105. 

AN    ACT    PROVIDING    FOR    LIGHTS    ON    CERTAIN    VEHICLES    ON    PUBLIC 

HIGHWAYS. 


Section 

1.  Lights    to    be    displayed,    wlien;    cer- 

tain vehicles  excepted. 

2.  Exemptions  by   selectmen. 

3.  Refusal    of    offender    to    give    name, 

penalty. 


Sectiox 

4.  Motor  vehicle  law  not  affected. 

5.  Driver  or  custodian  liable  to  penalty. 

6.  Penalty   for   violation. 

7.  Takes  effect  July   1,   1914. 


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


Lights    to    be    dis- 
played,    when  ; 
certain    vehicles 
excepted. 


Exemptions 
selectmen. 


by 


Section  1.  Every  vehicle,  excepting  as  herein  otherwise  pro- 
vided, whether  stationary  or  in  motion,  on  any  public  highway  or 
bridge,  shall  have  attached  to  it  a  light  or  lights,  which  shall  be 
so  displayed  as  to  be  visible  from  the  front  and  the  rear,  during  the 
period  of  one  hour  after  sunset  to  one  hour  before  sunrise ;  provided, 
hoivevcr,  that  this  act  shall  not  apply  to  any  vehicle  which  is  de- 
signed to  be  propelled  by  hand,  or  to  any  vehicle  designed 
for  the  transportation  of  hay,  straw,  wood,  lumber,  stone, 
machinery,  or  other  heavy  freight,  nor  shall  it  apply  to  any  form  of 
vehicle  whatsoever,  M'hile  upon  any  bridge  or  highway  where  street 
lights  are  maintained  at  a  distance  of  five  hundred  feet  apart  or 
less. 

Sect.  2.  Upon  the  written  application  and  presentation  of  rea- 
sons therefor,  by  the  owner  of  a  vehicle,  to  the  board  of  selectmen  of 
the  town  where  the  applicant  resides,  such  board  may  exempt  said 
vehicle  from  the  provisions  of  this  act  for  such  period  of  time  as 
said  board  may  elect ;  and  shall  give  to  such  owner  written  exemp- 
tion, describing  the  vehicle,  which  exemption  shall  apply  to  such 
vehicle  upon  any  highway  or  bridge  within  the  state.     Provided 


1913] 


Chapter  106. 


591 


furtJicr  that  in  any  prosecution  under  the  provisions  of  this  act, 
if  tile  defendant  plead  that  the  veliicle  for  the  unlighted  condition 
of  wiiieh  the  prosecution  Avas  instituted,  was  theretofore  exempted 
by  the  board  of  selectmen  of  the  town  wherein  the  defendant  re- 
sides, the  burden  of  proving  such  exemption  shall  be  upon  the  de- 
fendant, who  shall  produce  the  order  of  said  board  whereby  such 
exemption  was  created. 

Sect.  3.     Any  person  who  wliile  driving  or  in  charge  of  a  vehicle,  Refusal  to  give 

.  •  1        c     T   ■  T        ■  -J  "a™e,    penalty. 

imlighted  as  required  by  section  1  or  this  act,  during  the  period 
from  one  hour  after  sunset  to  one  hour  before  sunrise,  shall  refuse, 
when  requested  by  a  police  officer,  to  correctly  give  his  name  and 
address,  shall  be  punished  as  provided  by  section  6  of  this  act. 

Sect.  4.     Nothing  contained  in  this  act  shall  be  construed  to  i.imitatiou. 
affect  the  provisions  of  any  existing  statute,  rule  or  regulation  re- 
quiring lighted  lamps  on  motor  vehicles,  nor  the  legal  obligation 
of  operators,  or  occupants  thereof. 

Sect.  5.     The  driver  or  custodian  of  a  vehicle  shall  be  deemed  the  Driver   or   cust 
responsible  party,  liable  to  the  penalty  by  this  act  provided  for  a   '""   ^^  ^^' 
violation  thereof. 

Sect.  6.     Any  person  violating  the  provisions  of  this  act  shall  be  Penalty. 
subject  to  a  fine  not  exceeding  five  dollars. 


Sect.  7.     Tliis  act  shall  take  effect  July  first,  A.  D.  1914. 
[Approved  April  29.  1913.] 


Takes    effect 
July    1.    1914. 


CHAPTER  106. 


AN   ACT   TO   PROVIDE  A   METHOD   FOR   ADJUSTING   THE   MAXIMUM    RATES 
FOR  FARES  AXD  FREIGHTS  ON  STEAM   RAILROADS. 


Section 

1.  Railroads   filing   agreement   may   col- 

lect existing  excess  rates. 

2.  Form  of  agreement. 

3.  Preparation    of   maximum   schedules. 

4.  Substitution  for  existing  rates. 


Section 

5.  Form   of    agreement   for    substitution. 

6.  New  rates  to  be  in  force  until  modi- 

fied by  legislature. 

7.  Application   of   act  defined. 

8.  Takes  effect  on  passage. 


Whereas  in  pursuance  of  chapter  196  of  the  Laws  of  1911,  the  Preamble. 
public  service  commission  has  investigated  fully  the  subject  of 
steam  railroad  rates  for  fares  and  freights  upon  the  railroads  desig- 
nated in  said  chapter  196  and  has  made  its  reports  to  the  governor 
upon  the  general  situation  in  respect  to  such  rates  and  other  related 
matters,  together  with  its  recommendations  with  reference  to  the 
subject-matter,  and  in  particular  with  reference  to  the  existing 


592 


Chapter  106. 


[1913 


maximum  rates  for  fares  and  freights  upon  those  railroads  leased 
or  united  under  the  authority  of  chapter  100  of  the  Laws  of  1883, 
chapter  5  of  the  Laws  of  1889,  and  chapter  156  of  the  Public 
Statutes;  and 

Whereas  in  pursuance  of  the  reports  and  recommendations  of 
said  commission,  it  appears  that  the  public  good  requires  that  ra- 
tional, fair  and  scientific  maximum  schedules  of  rates  be  substituted 
for  the  existing  leg«l  maximum  rates  upon  the  Boston  &  Maine 
Railroad  and  all  the  lines  operated  by  it  under  ownership,  lease, 
contract,  or  otherwise,  and  likewise  upon  the  lines  operated  by  the 
Maine  Central  Railroad  Companj^  covering  traffic  between  points, 
in  New  Hampshire  and  other  points  in  said  state  and  between 
points  in  New  Hampshire  and  points  on  such  railroads  outside  said 
state ;  and 

Whereas  the  existing  legal  limitations  upon  railroad  rates  rest 
upon  a  basis  of  contract  between  the  state  and  the  railroad  corpora- 
tions affected,  and  may  properly  be  modified  by  the  consent  of  the 
contracting  parties : 

Be  it   enacted   h>j   the   Senate   and.    House   of  Representatives  in 
General  Court  convened : 


Railroads  filing 
agreement  may 
collect  existing 
excess    rates. 


Form  of  agi'ee- 
ment. 


Section  1.  Upon  the  filing  with  the  puljlic  service  commission  by 
any  railroad  corporation  doing  business  in  this  state,  on  or  before 
July  1,  1913,  of  a  stipulation  and  agreement  duly  executed  by 
officers  of  such  corporation  duly  authorized  thereto,  in  the  form  set 
forth  in  section  2  of  this  act,  such  railroad  corporation  shall  have 
authority  until  October  1,  1914,  or  until  such  earlier  date  as  new 
maximum  schedules  for  fares  and  freights  shall  become  substituted 
for  the  existing  legal  maximum  rates  as  pi-ovided  in  section  4  of  this 
act,  to  demand  and  collect  rates  for  fares  and  freights  now  in  force 
in  excess  of  the  maximum  prescribed  by  statute,  upon  condition  that 
none  of  the  rates  for  fares  and  freights  now  in  force  upon  any  rail- 
road operated  by  such  railroad  corporation  between  points  in  New 
Hampshire  and  other  points  in  said  state,  or  between  points  in 
New  Hampshire  and  points  on  such  railroad  outside  said  state, 
shall  until  said  date  be  raised  without  the  consent  of  said  com- 
mission. 

Sect.  2.  The  stipulation  and  agreement  to  be  filed,  as  provided 
in  the  preceding  section,  shall  be  in  substantially  the  following 

form:     The railroad  (company)  doing 

business  in  the  state  of  New  Hampshire  and  owning  the  following 
railroads,  namely, .  and  operating  the  follow- 
ing railroads,  namely, ,  hereby  accepts 

the  provisions  of  an  act  entitled  "An  Act  to  provide  a  Method  for 


1913]  Chapter  io6.  593 

adjusting  the  JMaxinium  Rates  for  F'ares  and  Freights  on  Steam 

Railroads,"  as  passed  by  the  general  court  and  approved , 

1913,  and  agrees  that  nothing  in  said  act  and  nothing  done  in 
pursuance  thereof  shall  be  construed  as  repealing,  suspending,  or 
modifying  chapter  100  of  the  Laws  of  1883,  chapter  5  of  the 
Laws  of  1889,  or  chapter  156  of  the  Public  Statutes,  except 
so  far  as  the  operation  of  said  statutes  may  be  affected  under 
the  authority  specifically  conferred  by  said  act ;  and  said 
railroad  (company)  further  agrees  that  it  will  not  until  Oc- 
tober 1.  1914,  voluntarily  raise,  or  endeavor  to  raise,  any  of  its 
rates  for  fares  and  freights  now  in  force  between  points  in  the 
state  of  New  Hampshire  and  other  points  in  said  state,  or  between 
points  in  New  Hampshire  and  points  on  said  railroad  outside  said 
state,  without  the  consent  and  approval  of  the  public  service  com- 
mission of  NeAv  Hampshire.  This  agreement  shall  not  be  construed 
as  prohibiting  changes  in  classification  made  by  the  official  classifi- 
cation committee,  subject,  however,  to  the  right  of  the  public 
service  commission,  upon  notice  and  hearing,  as  provided  in  chapter 
164  of  the  Laws  of  1911,  to  require  in  any  case  the  retention  of 
the  existing  classification.  Said  railroad  (company)  requests  the 
public  service  commission  to  prepare  rational,  fair  and  scientific 
maximum  schedules  of  rates  for  fares  and  freights  covering  traffic 
upon  all  the  lines  owned  or  operated  under  lease,  contract,  or  other- 
wise, by  said  railroad  (company)  between  all  points  in  the  state  of 
New  Hampshire  and  other  points  in  said  state  and  between  points 
in  New  Hampshire  and  points  on  such  railroad  (company)  out- 
side said  state ;  and  in  consideration  of  the  compliance  by  said 
commission  with  this  request,  said  railroad  (company)  hereby 
agrees  that  it  will  pay  into  the  treasury  of  the  state  of  New  Hamp- 
shire such  sum  as  will  reimburse  said  state  for  the  expense  of  pre- 
paring such  new  schedules  of  maximum  rates,  including  such 
clerical,  stenographic,  expert,  and  legal  assistance  as  the  commis- 
sion may  consider  proper  in  connection  therewith,  such  payment 
to  be  made  when  new  schedules  shall  be  prepared  and  presented  to 
such  railroad  (company)  as  provided  in  section  3  of  this  act.  If 
the  Boston  &  Maine  Railroad  shall  file  a  request  to  have  such  new 
maximum  schedules  for  fares  and  freights  upon  its  lines  prepared, 
it  shall,  at  the  time  of  filing  such  request  pay  to  the  state  treasurer 
the  cost  to  the  state  of  the  investigation  authorized  by  chapter  196 
of  the  Laws  of  1911  as  certified  by  the  public  service  commission. 

Sect.  3.     Upon  the  filing  by  any  railroad  corporation  of  the  stipu-  Public  service 
lation  and  agreement  in  the  form  set  forth  in  section  2  of  this  act,  pr™p'^re^'maximum 
it  shall  be  the  duty  of  the  public  service  commission  to  proceed  schedules, 
forthwith  to  prepare,  or  cause  to  be  prepared,  and  to  deliver  to 
such  railroad  corporation  as  soon  as  practicable,  in  any  event  prior 
to  January  1,  1914,  complete  maximum  schedules  of  rates  for  fares 


594  Chapter  106.  [1913 

and  freights  coveriug  traffic  between  all  points  in  New  Hampshire 
npon  the  lines  owned  or  operated  by  such  railroad  corporation  and 
all  other  points  in  New  Hampshire  on  said  lines  and  between  all 
points  in  New  Hampshire  on  said  lines  and  all  other  points  on  the 
system  of  such  corporation  outside  of  New  Hampshire.  In  fixing 
such  maximum  schedules  the  commission  shall  consider  all  the 
facts  and  conclusions  set  forth  in  its  reports  to  the  governor  dated 
November  30,  1912,  and  January  9,  1913,  and  such^  further  facts 
and  evidence  as  it  may  deem  material;  and  it  shall  observe  the 
following  general  principles : 

(a)  As  to  commodity  rates,  so  called,  the  commission  may  fix 
new  maximum  schedules  above  or  below  the  present  legal  maximum ; 
and  as  to  any  commodity  rates  which  it  shall  not  fix  by  schedule 
and  as  to  rates  for  switching  and  other  special  service,  the  commis- 
sion may  by  general  orders  define  a  maximum  standard. 

(b)  As  to  class  rates,  so  called,  the  commission  shall  have  au- 
thority to  make  an  increase  in  individual  rates  above  the  existing 
legal  maximum  whenever  in  its  judgment  necessary  in  order  to 
equalize  rates  which  it  may  reduce  below  the  present  legal  maxi- 
mum; but  the  commission  shall  not  fix  such  class  rates  at  a  point 
which  in  the  aggregate  shall  in  its  judgment  be  a  greater  charge 
upon  the  traffic  moving  at  such  class  rates  than  the  class  rates 
now  in  force  on  such  railroad  system  as  shown  by  the  schedules 
now  on  file  with  the  public  service  commission,  unless  the  com- 
mission shall  be  convinced,  upon  consideration  of  all  the  facts 
before  it,  that  the  interests  of  the  state  require  that  such  class  rates 
be  fixed  above  the  rates  now  in  force  as  aforesaid;  provided,  how- 
ever, that  nothing  herein  contained  shall  be  construed  as  an  expres- 
sion of  opinion  by  the  legislature  that  the  interests  of  the  state 
require  any  such  increase. 

(c)  As  to  passenger  fares  the  commission  may  fix  maximum 
schedules  in  any  or  all  cases  or  may  by  general  orders  define  the 
standard  of  maximum  rates  applicable  thereto. 

(d)  As  to  any  rates  for  fares  and  freights  which  shall  not  be 
fixed  by  new  maximum  schedules  or  by  general  orders,  the  exist- 
ing legal  limitations  shall  remain  in  full  force  and  eifect. 

(e)  All  general  orders  made  by  the  commission  under  authority 
of  this  section  shall  be  of  the  -same  validity  and  effect  as  specific 
maximum  schedules  fixed  by  it.  and  shall  be  deemed  to  be  included 
within  the  meaning  of  the  term  "maximum  schedules"  wherever 
that  term  is  or  may  be  used  in  this  act  or  any  request,  stipulation 
or  agreement  filed  under  this  act. 

Substitution  of  Sect.  4.     Whenever  the  maximum  schedules  of  rates  for  fares 

exfsting^^rates?^  ^^^^  freights  provided  for  by  section  3  shall  be  filed  as  provided 
therein,  or  whenever  any  of  them  shall  be  so  filed,  tariffs  conform- 
ing thereto  may  be  immediately  filed  and  put  into  effect  by  the 


1913]  Chapter  i()6.  595 

railroad  and  continued  in  force  until  October  1,  1914.  If  prior  to 
said  date  the  railroad  corporation  to  which  maximum  schedules 
shall  have  been  delivered  as  provided  in  said  section  3  shall  file 
with  the  commission  a  recpiest  and  agreement  in  the  form  and 
executed  as  provided  in  section  5  of  this  act,  thereupon  the  com- 
mission shall  make  an  order  tliat  tlie  new  maximum  schedules  pre- 
pared by  it  as  aforesaid  shall  upon  a  date  to  be  determined  by  it, 
not  later  than  October  1.  1914,  become  substituted  for  the  existing 
legal  maximum  rates  for  fares  and  freights ;  and  said  new  maximum 
schedules  of  rates  for  fares  and  freights  shall,  from  and  after  the 
date  so  fixed  by  the  commission,  be  the  legal  maximum  for  fares 
and  freights  for  such  railroad  corporation  upon  traffic  and  between 
points  above  defined,  and  the  rates  for  fares  and  freights  upon  and 
over  a  railroad  leased  or  united  under  the  provisions  of  chapter  156 
of  the  Public  Statutes,  after  the  date  of  the  substitution  of  said 
new  maximum  schedules  as  above  provided,  or  upon  and  over  a 
railroad  passing  into  the  possession  of  a  new  corporation  formed 
by  a  union  of  two  or  more  corporations  after  such  date,  shall  not 
be  increased  above  the  rates  thus  fixed  as  the  legal  maximum.  If 
such  request  and  agreement  shall  not  be  filed  the  maximum  rates 
for  fares  and  freights  prescribed  by  chapter  100  of  the  Laws  of 
1883.  chapter  5  of  the  Laws  of  1889  and  chapter  156  of  the  Public 
Statutes  shall  after  said  October  1,  1914,  be  in  force  and  effect  upon 
the  lines  of  railroad  affected  thereby  as  if  any  departure  there- 
from had  never  been  authorized.  At  au}^  time  before  such  railroad 
corporation  shall  have  filed  the  request  and  agreement  as  provided 
in  this  section,  the  commission  may  correct  or  amend  any  of  the 
rates  fixed  in  such  new  maximum  schedules  and  any  such  cor- 
rection or  amendment  when  delivered  to  sucli  i*aili"oad  corporation 
shall  become  a  part  of  the  new  maximum  schedules  in  all  respects 
as  if  included  therein  before  delivery. 

Sect.  5.     The  request  and  agreement  as  provided  in  section  4  of  Form  of  agree- 

this  act  shall  be  in  the  following  form  :    Tlie ^ftution!^ 

railroad  (company)  doing  business  in  the  state  of  New  Hampshire, 

and  owning  the  following  railroads,  .  and  ^ 

operating  the   following   railroads,   hei'eby 

accepts  the  provisions  of  an  act  entitled  "An  Act  to  provide  a 
]\Iethod  of  adjusting  the  ]\Iaximura  Rates  for  Fares  and  Freights 
on  Steam  Railroads,"  passed  by  the  general  court  of  New  Hamp- 
shire and  approved  ,  1913.  and  agrees  that 

nothing  in  said  act  shall  be  construed  as  repealing,  suspending  or 
modifying  chapter  100  of  the  Laws  of  1883,  chapter  5  of  the  Laws 
of  1889.  or  chapter  156  of  the  Public  Statutes,  except  so  far  as 
the  operation  thereof  shall  be  affected  by  the  authority  specifically 
conferred  by  said  act;  and  said  railroad  (company)  hereby  requests 
the  public  service  commission  to  fix  a  date  not  later  than  October 


596  Chapter  106.  [1913 

1,  1914:,  upon  which  date  the  new  maximum  schedules  for  fares 
and  freights  covering  traffic  upon  the  lines  of  said  railroad  (com- 
pany) between  all  points  in  New  Hampshire  and  other  points  in 
said  state  and  between  all  points  in  New  Hampshire  and  other 
points  on  such  railroad  outside  said  state,  shall  become  substituted 
for  the  existing  legal  maximum  rates  for  fares  and  freights  upon 
said  lines  between  the  points  aforesaid ;  and  upon  the  substitution 
of  said  new  maximum  schedules  for  fares  and  freights  said  railroad 
(company)  hereby  covenants  and  agrees  with  the  state  of  New 
Hampshire  that  said  new  schedules  of  maximum  rates  for  fares 
and  freights  shall  be  substituted  for  the  rates  for  fares  and  freights 
existing  August  1,  1883,  under  the  operation  of  section  17  of 
chapter  100  of  the  Laws  of  1883,  the  rates  for  fares  and  freights 
existing  July  2-4,  1889,  under  the  operation  of  the  Laws  of  1889, 
chapter  5,  section  17,  and  under  the  operation  of  the  Public 
Statutes,  chapter  156,  section  42;  and  hereby  covenants  and  agrees 
in  consideration  of  tlie  substitution  of  said  new  maximum  schedules 
for  fares  and  freights  for  the  rates  for  fares  and  freights  existing 
on  August  1,  1883,  and  on  July  24.  1889,  that  the  rates  for  fares 
and  freights  charged  by  said  railroad  (company)  upon  lines  owned 
or  operated  by  it  under  lease,  contract,  or  otherwise,  between  points 
within  the  state  of  New  Hampshire  and  other  j^oints  within  said 
state,  or  between  points  within  said  state  and  other  points  on  said 
railroad  outside  of  said  state,  shall  not  be  increased  as  to  any  single 
rate  beyond  the  maximum  rate  fixed  therefor  by  such  new  schedules 
of  maximum  rates  for  fares  and  freights.  Said  agreement  shall 
be  executed  by  the  president  or  other  officer  of  such  corporation 
who  may  be  designated  in  the  resolution  authorizing  the  execution 
and  filing  of  such  request  and  agreement,  and  shall  be  authorized 
by  vote  of  such  corporation. 
New  rates  in  Sect.  6.     If  a  railroad  corporation  enters  into  the  stipulation 

force    until    modi-  ,  j_-         r    j^-\  •  itii-i?  -\    ^      •    i  j. 

fied  by  legislature,  uncler  scctiou  5,  the  uew  maximum  schedules  tor  tares  and  freights 
so  pi'epared  by  the  public  service  commission  and  substituted  for 
the  existing  maximum  rates  for  fares  and  freights  shall  be  and 
continue  in  force  as  the  maximum  schedules  for  fares  and  freights 
until  modified  by  authority  of  the  legislature ;  and  it  shall  be  un- 
lawful for  any  railroad  corporation  to  impose  or  collect  from  any 
passenger  or  shipper  any  rates  for  fares  and  freights  in  excess 
of  the  maximum  schedules  so  fixed.  Any  passenger  or  shipper  who 
may  be  required  to  pay  to  any  such  railroad  any  rates  for  fares 
or  freights  in  excess  of  the  maximum  fixed  by  said  new  maximum 
schedules,  shall  be  entitled  to  recover  the  amount  of  such  excess  in 
an  action  of  debt,  brought  at  any  time  within  six  years  after  such 
excess  rate  for  fares  or  freights  shall  be  paid  by  such  shipper :  and 
the  superioi"  court  is  hereby  authorized  to  restrain  any  such  rail- 
road corporation  from  collecting  fares  or  freights  in  excess  of  such 


1913] 


Chapter  107. 


597 


defined. 


maximum  scliediiles.  upou  petition  by  the  attorney-general  or  any 
party  aggrieved. 

Sect.  7.  Nothing  in  this  act  sliall  be  construed  as  repealing,  Application  of  act 
suspending  or  modifying  any  of  the  provisions  of  chapter  100  of 
the  Laws  of  1883.  of  chapter  5  of  the  Laws  of  1889,  or  of  chapter 
156  of  the  Public  Statutes,  except  to  the  extent  of  authorizing,  until 
October  1,  1914.  or  such  earlier  date  as  new  maximum  schedules 
shall  be  substituted  for  the  existing  maximum,  the  collection  of 
rates  for  fares  and  freights  now  in  force  in  excess  of  the  maximum 
prescribed  by  statute,  if  and  as  requested  by  any  railroad  cor- 
poration Avhich  may  comply  with  the  provisions  of  section  1  and 
section  2  of  this  act,  and  to  the  extent  of  authorizing  the  substitu- 
tion, if  and  as  requested  by  any  railroad  corporation  which  may 
comply  with  the  provisions  of  section  4  and  section  5,  of  new 
maximum  schedules  for  fares  and  freights  in  place  of  the  existing 
legal  maximum  rates  for  fares  and  freights  under  the  operation 
of  section  17  of  said  chapter  100  of  the  Laws  of  1883,  section  17 
of  chapter  5  of  the  Laws  of  1889.  and  of  section  42  of  chapter  156 
of  the  Public  Statutes ;  and  nothing  in  this  act  shall  atf ect  the  legal 
maximum  rates  for  fares  and  freights  upou  any  railroad  which  is 
now  operated  under  lease  or  contract,  except  for  such  time  as  said 
lease  or  contract  or  a  renewal  thereof  shall  be  in  effect. 


Sect.  8.     This  act  shall  take  effect  upon  its  passage. 
[Approved  April  29,  1913.] 


Takes   effect 
oa  passage. 


CHAPTEPv  10^ 


AN  ACT  TO  EXEMPT  FROM  TAXATION  PROPERTY  IN  WOODSTOCK  HELD  FOR 
PUBLIC  USE  BY  THE  SOCIETY  FOR  THE  PROTECTION  OF  NEW  HAMP- 
SHIRE FORESTS. 


Section 

1.  Property   exempted. 

2.  Legacy  exempted. 


Sectiox 

3.     Takes  effect  on  passage. 


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


Section  1.     That  real  estate  in  the  town  of  Woodstock  known  as  Property 
the  Lost  River  reservation  held  by  the  Society  for  the  Protection 
of  New  Hampshire  Forests  shall  be  exempt  from  taxation  as  long 
as  maintained  by  said  society  free  and  open  to  public  use. 

Sect.  2.     That  the  legacy  of  $5,000  bequeathed  to  said  Society  Legacy  exempted, 
for  the  Protection  of  New  Hampshire  Forests  by  Caroline  ^lartin. 


598 


Chapter  108. 


1913 


Takes   effect 
on   passage. 


be  and  the  same  is  hereby  exempt  from  tlie  provisions  of  chapter 
40,  of  the  Laws  of  3  905,  and  amendments  thereto  relating  to  a 
tax  on  collateral  legacies  and  successions. 

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

[Approved  April  30,  1913.] 


CHAPTER  108. 


AN  ACT  IX  AMENDMENT  OF  SECTION  9,  CHAPTER  95,  LAWS  OF  1903, 
AS  AMENDED  BY  SECTION  6,  CHAPTER  49,  LAWS  OF  1905,  RELATING  TO 
THE  TRAFFIC  IN  INTOXICATING  LIQUORS. 


Section 

1.      Licenses  not   granted  for   certain   lo- 
cations. 


Section 

2.      Takes    effect    on    passage;    repealing 
clause. 


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

Licenses  not  SECTION  1.     Section  9,  chapter  95,  Laws  of  1903,  as  amended  by 

xlin  locations.^*^'^  sectiou  6,  chapter  49,  Laws  of  1905,  is  liereby  amended  by  striking 
out  the  words  "and  shall  be  continuously  thereafter  exercised'"  in 
the  4th  and  5th  lines  from  the  end  of  said  section,  so  that  said 
section  9  as  amended  shall  read  as  follows .-  Sect.  9.  No  license 
shall  be  granted  for  the  traffic  in  liquor  in  any  building  or  room 
which  does  not  have  its  entrance  for  customers  and  patrons  upon 
a  public  highway  or  which  shall  be  on  the  same  street  or  avenue 
within  two  hundred  feet  of  a  building  occupied  exclusively  as  a 
church  or  sehoolhouse,  the  measurements  to  be  taken  in  a  straight 
line  from  the  center  of  the  nearest  entrance  to  the  building  used  for 
such  church  or  school  to  the  center  of  the  nearest  entrance  to  the 
place  in  which  the  traffic  in  liquor  is  desired  to  be  carried  on ; 
provided,  however,  that  a  license  of  the  third  class  may,  in  the 
discretion  of  the  board  of  license  commissioners,  be  granted  where 
the  entrance  to  said  building  or  room  (said  building  or  room  not 
being  within  two  hundred  feet  of  a  church  or  sehoolhouse)  is  upon 
a  private  way  or  private  property,  and  provided,  further,  that  the 
restrictions  contained  in  this  section  shall  not  apply  to  any  hotel 
or  drug  store  used  as  such  prior  to  January  1,  1903,  nor  to  any 
building  owned,  occupied  and  used  solely  by  any  incorporated  club 
prior  to  January  1,  1903,  and  continuously  thereafter ;  and  pro- 
vided, further,  that  the  restrictions  contained  in  this  section  shall 
not  apply  to  any  building  or  room  where  any  license  has  been 
exercised  prior  to  January  1,  1905;  and  no  license  shall  be  granted 


1913] 


Chapter  109. 


599 


for  traffic  in  liquor  in  any  location  where  it  shall  be  deemed 
by  said  board  of  license  coinmissioners  to  be  detrimental  to  public 
welfare. 

Sect.  2.     This  act  shall  take  ettVct  upon  its  passage,  and  all  acts,  '^^^^^^jJll".^ 
or  parts  of  acts,  inconsistent  with  this  act,  are  hereby  repealed.          repealing  clause. 

[Approved  April  30,  1913.] 


CHAPTER  109. 


AN  ACT  IN  AMENDMENT  OP  SECTIONS  9  AND  10  OF  CHAPTER  205  OF  THE 
PUBLIC  STATUTES  RELATING  TO  ATTACHMENTS  IN  BILLS  IN  EQUITY 
AND  FOR  OTHER  PURPOSES. 


Section 

1.     Lien,    how    created    as    to    personal 
property. 


Section 

2.  How   created   as   to   realty. 

3.  Takes   effect   on    passage. 


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

Section  1.     Amend  section  9  of  said  chapter  by  striking-  out  of  Lien,  how  created 

, ,  -,    .  .  ;     as  to  personalty. 

the  seventh  line  thereof  the  words  'real  estate  and  inserting  m 
place  thereof  the  words  bulky  articles,  so  that  said  section  as 
amended  shall  read :  Sect.  9.  When  a  bill  is  filed  under  the  pro- 
visions of  section  7,  the  plaintiff  may  cause  a  certified  copy  thereof 
and  of  the  order  issued  thereon,  to  be  filed  in  the  office  of  the  clerk 
of  the  town  in  which  any  defendant  resides;  and  the  names  of 
the  parties,  the  time  of  filing,  and  the  court  in  which  the  bill  is 
pending  shall  be  entered  by  the  clerk  upon  the  index  of  attach- 
ments, as  in  case  of  an  attachment  of  bulky  articles;  and  such 
filing  and  the  service  of  the  bill  upon  such  defendant  shall  con- 
stitute a  lien,  as  against  him  and  others  having  after-acquired 
rights,  upon  the  personal  estate,  property,  interest,  right  or  credit 
to  which  the  bill  relates,  or  which  may  be  discovered  by  the  pro- 
ceedings, for  the  performance  of  any  decree  or  order  relative 
thereto,  in  favor  of  the  plaintiff  against  the  defendant. 

Sect.  2.     Amend  section  10  of  said  chapter  by  striking  out  the  As  to  realty. 
entire  section,  and  inserting  in  place  thereof  the  following :     Sect. 
10.     In  the  case  of  real  estate,  the  lien  shall  be  created  by  filing 
the  certified  copy  in  the  office  of  the  register  of  deeds  of  the  county 
in  Avhich  the  real  estate  is  situate. 


Sect.  3.     This  act  shall  take  effect  upon  its  passage. 
[Approved  April  30.  1913.] 


Takes  effect 
on  passage. 


600 


Chapter  110. 


[1913 


CHAPTER  110. 


AN  ACT  PROVIDING  THAT   ALL   CHARTERS   FOR   WATER  POWER  DEVELOP- 
MENT SHALL  BE  FORFEITED  UNDER  CERTAIN  CONDITIONS. 


Section 

1.     When  work  to  begin  under  existing 
and  future  charters. 


Section 

2.  Enforcement  of  act. 

3.  Takes  effect  on  passage. 


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

When  '(vork  to  be-  SECTION  1.  All  rights,  powers,  privileges  and  franchises  con- 
liTd  'fuJure*''''^''''^  f erred  upon  any  corporation  enabling  such  corporation  to  construct 
charters.  ^j^^  maintain  mill  dams  upon  the  streams  of  this  state  and  to  flow 

lands  or  do  any  other  act  necessary  to  the  development  of  hydro- 
electric energy  shall  terminate  and  be  forfeited  on  the  first  day  of 
September,  1919,  unless  the  actual  work  of  constructing  such  dams 
or  power  plants  shall  be  commenced  on  or  before  said  date  and  be 
prosecuted  with  reasonable  diligence  thereafter  until  said  dams  and 
plants  are  completed  and  in  operation;  and  any  charter  hereafter 
granted,  unless  otherwise  specified  therein,  to  any  such  corporation, 
shall  terminate  and  be  forfeited  at  the  end  of  six  years  from  the 
date  on  which  the  act  of  incorporation  took  effect,  unless  the  actual 
work  of  constructing  such  dams  or  power  plants  shall  be  com- 
menced during  such  six  years,  and  be  prosecuted  with  reasonable 
diligence  thereafter  until  such  dams  and  plants  are  completed  and 
in  operation. 

Sect.  2.  Upon  the  written  complaint  of  any  citizen  filed  with  the 
attorney-general  setting  forth  that  any  corporation  has  failed  to 
commence  the  actual  work  of  constructing  its  dam  or  plant  during 
the  time  limited  by  section  1,  or  has  failed  to  prosecute  the  same 
with  reasonable  diligence  thereafter  until  such  dam  or  plant  has 
been  completed  and  in  operation,  it  shall  be  the  duty  of  the  at- 
torney-general to  enforce  by  an  appropriate  proceeding  a  forfeiture 
of  the  rights,  powers,  privileges  and  franchises  under  which  tlie 
corporation  might  have  erected  its  dam  or  plant. 
Sect.  3.     This  act  shall  take  effect  upon  its  passage. 


Enforcement 
of   act. 


Takes   effect 
on   passage. 


[Approved  April  30,  1913.] 


1913]  Chapter  ill  601 

'  CHAPTER  111. 

AN  ACT  IN  AMENDMENT  OF   CHAPTER  98,  LAWS  OF   1901,  RELATING  TO 
THE  PRESERVATION  OF  SHADE  TREES  ALONG  THE  HIGHWAYS. 

Section  j    Section 

1.      Cultivation     of     trees     for     roadside    i         2.     Roadside    growth,    removal    of. 
planting.  |         3.     Takes   effect  on  paissage. 

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

Section  1.     Section  1  of  chapter  98,  Laws  of  1901,  is  hereby  cultivation  of 

•  j?ni        •  1  ti'ees  for  road- 

amended  by  adding  at  the  end  of  said  section  the  loliowmg :  and  side  planting. 
the  forestry  commission  is  hereby  authorized  to  grow  shade  trees 
for  roadside  planting  and  to  distribute  said  trees  free  of  charge  at 
the  point  where  grown  to  towns  for  planting  along  roadsides,  such 
trees  to  be  planted  under  the  supervision  of  the  state  highway 
department  or  the  town  tree  warden.  The  state  highway  depart- 
ment may  provide  for  the  planting  of  such  trees  along  any  of 
the  so-called  trunk  lines  and  pay  the  costs  thereof  from  the  mainte- 
nance funds  available  to  the  department  under  the  motor  vehicle 
law,  and  may  plant  such  trees  along  any  state  roads  and  pay  the 
costs  of  the  same  from  any  appropriation  available  for  such  roads, 
so  that  said  section  as  amended  shall  read :  Sect.  4.  Towns  and 
cities  may  annually  appropriate  money,  not  exceeding  in  the  ag- 
gregate fifty  cents  for  each  of  their  ratable  polls  in  the  preceding 
year,  to  be  used  by  the  tree  warden  in  planting,  pruning,  protect- 
ing, and.  whenever  necessary,  acquiring  shade  and  ornamental  trees 
within  the  limits  of  their  public  ways  and  grounds  ;  and  the  forestry 
commission  is  heieby  authorized  to  grow  shade  trees  for  roadside 
planting  and  to  distribute  said  trees  free  of  charge  at  the  point 
where  grown  to  towns  for  planting  along  roadsides,  such  trees 
to  be  planted  under  the  supervision  of  the  state  highway  depart- 
ment or  the  town  tree  warden.  The  state  highway  department  may 
provide  for  the  planting  of  such  trees  along  any  of  the  so-called 
trunk  lines  and  pay  the  cost  thereof  from  the  maintenance  funds 
available  to  the  department  under  the  motor  vehicle  law,  and  may 
plant  such  trees  along  any  state  roads  and  pay  the  costs  of  the  same 
from  any  appropriation  available  for  such  roads. 

Sect.    2.     Section   7   of   chapter   98,   Laws   of  1901,   is  herebv  Roadside   growth, 

^     _  '  .  .  .  removal   or. 

amended  by  striking  out  the  said  section  and  inserting  therefor 
the  following:  Sect.  7.  ^Mayors  of  cities,  selectmen  of  towns,  and 
county  commissioners  foi*  unincorporated  places  shall  annually 
during  the  months  of  August  and  September,  and  at  other  times 
when  advisable,  cause  to  be  cut  from  within  the  limits  of  the 
highway  all  trees  and  bushes  tliat  cause  damage  to  the  highway. 


602  Chapter  112.  [1913 

that  endanger  the  safety  of  the  traveling  public,  or  that  are  objec- 
tionable from  the  material  or  artistic  standpoint,  shade  and  fruit 
trees  that  have  been  set  out  or  marked  by  the  abutting  land  owners 
or  b}^  the  town  tree  warden,  and  young  trees  standing  at  a  proper 
distance  from  the  highway  and  from  each  other,  shall  be  preserved, 
as  well  as  banks  and  hedges  of  bushes  that  serve  as  a  protection  of 
the  highway,  or  that  add  to  the  beauty  of  the  roadside  and  it 
shall  be  unlawful  for  any  one  to  deposit  rubbish  within  the  limits 
of  any  highway.  On  all  state  roads  the  plan  of  carrying  out  the 
provisions  of  this  act  shall  be  under  the  supervision  of  the  state 
highway  department.  Said  department  shall  make  such  rules  and 
regulations  for  the  purpose  of  carrying  out  the  provisions  of  this 
act  as  shall,  in  its  judgment,  seem  for  the  best  interests  of  the 
state.  Whenever  any  trees  or  brush  cut  along  the  highway  is 
disposed  of  by  burning,  the  cut  trees  or  brush  shall  be  removed 
a  safe  distance  from  any  adjoining  woodland  or  from  any  tree  or 
hedge  designated  or  desirable  for  preservation,  and  such  burning 
shall  be  done  with  the  permission  of  the  forest  fire  warden. 
Takes  effect  Sect.  3.     This  act  shall  take  effect  upon  its  passage. 


oa   passage. 


[Approved  April  30.  1913.; 


CHAPTER  U  2. 


AN    ACT    EXEMPTING    FROM    TAXATION    MUNICIPAL    INDEBTEDNESS. 

Section  I    Sectiox 

^  1.      State,    county,    and   municipal  bonds  2.     Repealing    clause;     act    takes    eflfect 

exempted.  |  on  passage. 

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

Bonds   exempted.       SECTION  1.     The  bouds  Or  uotcs  of  this  State  and  of  any  of  the 

counties,   municipalities,   school  districts  and  village  precincts  of 

this  state,  bearing  interest  at  a  rate  not  exceeding  five  per  cent.,  are 

hereby  exempted  from  taxation. 

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

on  pass'aV.  ''*'      are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  May  7,  1913.] 


1913]  Chapters  113,  114.  603 

CHAPTER  113. 

AN  ACT  TO  PROVIDE  FOR  THE  ASSESSMENT  AND  COLLECTION  OF  A  STATE 
TAX   FOR   THE  YEAR   1913. 


SECTION' 

1.      Tax  of   $300,000   for    1913. 


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.     The  sum  of  eight  hundred  thousand  dollars  shall  be  Tax-  of  $80o,ooo 

for   1913 

raised  for  the  use  of  the  state  for  the  year  1913,  and  the  state  treas- 
urer 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  assess- 
ors of  such  cities  are  hereby  directed  to  assess  the  sums  specified 
in  said  Avarrants  and  cause  the  same  to  be  paid  to  said  treasurer  on 
or  before  the  first  day  of  December,  1913 ;  and  the  state  treasurer 
is  hereby  authorized  to  issue  his  extent  for  all  taxes  which  shall 
remain  unpaid  on  the  date  last  above  mentioned. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  Repealing  clause; 
hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage.  on  p'assage.  ^'^ 

[Approved  May  7,  1913.] 


CHAPTER  114. 


an  act  to  amend  section  10,  CHAPTER  35,  LAWS  OF  1905,  ENTITLED, 
' '  AN  ACT  TO  PROVIDE  FOR  STATE  AID  AND  FOR  THE  EXPENDITURES  OF 
OTHER  PUBLIC  MONEYS  IN  THE  PERMANENT  IMPROVEMENT  OF  MAIN 
HIGHWAYS  THROUGHOUT  THE  STATE,  AS  AMENDED  BY  CHAPTER  155, 
LAWS  1909." 

Section'    1.      Annual   appropriation    of  $125,000,  for  what  purposes  available. 

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

Section  1.  Amend  section  10,  chapter  35  of  the  Laws  of  1905,  Annual  appropria- 
as  amended  by  chapter  155,  Laws  of  1909,  by  striking  out  in  line  2  for" what  purposes 
after  the  word  ' '  interest " "  the  words  ' '  and  annual  instalments  of  '*^^''"^'^- 

10 


604  Chapter  115.  [1913 

the  principal."  Also  after  the  ''."  [period]  in  line  9,  [8]  strike 
out  all  words  to  the  end  of  the  section,  and  insert  in  place  thereof 
the  words,  Such  appropriation  shall  be  available  for  the  purpose  of 
paying  the  expenses  of  the  administration  of  this  act,  the  payment 
of  all  sums  due  under  section  5  of  this  act  and  in  the  construc- 
tion, care  and  maintenance  of  state  roads,  so  that  as  amended,  said 
section  shall  read:  Sect.  10.  The  sum  of  $125,000  annually  is 
hereby  appropriated  for  the  purpose  of  paying  the  interest  of  the 
bonds  hereinafter  authorized  and  for  the  purpose  of  securing  the 
permanent  improvements  of  main  highways  in  accordance  with  the 
provisions  of  this  act,  and  for  the  maintenance  of  state  highways. 
Any  unexpended  balance  of  any  annual  appropriation  shall  be 
applied  to,  and  be  made  additional  to  the  appropriation  for  the 
succeeding  year.  Such  appropriation  shall  be  available  for  the 
purpose  of  paying  the  expenses  of  the  administration  of  this  act, 
the  payment  of  all  sums  due  under  section  5  of  this  act,  and  the 
construction,  care  and  maintenance  of  state  roads. 

[Approved  May  7,  1913.] 


CHAPTER  115. 

AN  ACT  TO  EXEMPT  PROPERTY  OF  EDUCATIONAL,  CHARITABLE  AND  RE- 
LIGIOUS INSTITUTIONS  AND  OF  TEMPERANCE  SOCIETIES  FROM  TAXA- 
TION. 

Section  Section 

1.     Exempt  to  value  of  $150,000:  muni-    '         2.     Repealing  clause;   act  takes  effect  on 
cipalities  may   increase   amount.  passage. 

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

Exempt   to   value      SECTION   1.     The   personal  propertv   of   institutions   devoted   to 

of   $150,000;    mu-  .  ...  .. 

nicipaiities  may  educational  purposcs,  charitable  and  religious  societies  and  of  tem- 
perance societies,  incorporated  within  this  state,  and  the  real  estate 
owned  and  occupied  by  them,  their  officers  or  their  students  for  the 
purposes  for  which  they  are  incorporated  shall  be  exempt  from 
taxation,  provided  none  of  the  income  or  profits  of  the  business  of 
such  corporations  or  institutions  is  divided  among  the  stockholders 
or  members,  or  is  used  or  appropriated  for  other  than  educational, 
charitable  or  religious  purposes,  and  provided,  further,  that  in  each 
case  such  exemption  is  limited  to  $150,000.  Towns  are  hereby  au- 
thorized to  increase  such  exemption  to  such  an  amount  as  they  may 


1913] 


Chapter  116. 


605 


vote,  by  a  majority  of  those  present  at  any  regular  town  meeting, 
acting  under  an  article  duly  incorporated  in  the  warrant  for  said 
meeting ;  and  cities  are  authorized  to  increase  such  exemptions  to 
such  an  amount  as  the  city  government  may  vote  and  the  mayor 
approve. 

Sect.  2.     All  special  acts  exempting  property  of  any  such  corpo-  Repealing  clause ; 
ration  or  institution  from  taxation,  unless  such  property  is  used  on  passage. 
as  specified  in  section  1  of  this  act,  and  all  acts  or  parts  of  acts  in- 
consistent with  this  act  are  hereby  repealed,  and  this  act  shall  take 
effect  upon  its  passage. 

[Approved  May  7,  1913.] 


CHAPTER  116. 


AN  ACT  RELATING  TO  CABOOSE  CARS. 


Section 

1.  Application  of  act. 

2.  To  have  two  four-wheeled  trucks. 


Section 

3.     Penalty   for   violation. 


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

Section  1.     That  the  provisions  of  this  act  shall  apply  to  any  Application  of  act. 
corporation  or  to  any  person  or  persons  while  engaged  as  common 
carriers  in  the  transportation  by  railroad  of  passengers  or  property 
within  this  state  to  which  the  regulative  power  of  this  state  extends. 

Sect.  2.  That  from  and  after  the  first  day  of  April,  1913,  it  shall  Cars  to  have  two 
be  unlawful  for  any  such  common  carrier  by  railroad  to  build,  trucks. 
construct,  purchase  or  operate  within  this  state  any  caboose  car  or 
other  car  used  for  like  purposes  unless  such  caboose  or  other  car 
shall  be  equipped  with  two  four-wheeled  trucks ;  provided,  however, 
it  shall  not  be  unlawful  for  said  common  carrier  to  operate  within 
this  state  such  caboose  cars  or  cars  used  for  like  purposes  as  were 
in  use  and  operation  on  its  system  by  said  common  carrier  on  April 
1,  1913. 

Sect.  3.     Any  common  carrier  as  provided  in  section  1  of  this  Penalty, 
act  violating  any  of  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  not 
less  than  one  hundred  ($100)  dollars  nor  more  than  five  hundred 
($500)  dollars  for  each  offense. 

[Approved  May  7,  1913.] 


606 


Chapter  117. 


[1913 


CHAPTER  117. 


AN  ACT  TO  PROVIDE  FOR  THE  BLIND  OP  THE  STATE  OF  NEW  HAMPSHIRE. 


Section 

1.  Register  of  the  blind. 

2.  State  aid  and  assistance. 

3.  Aid     to    blind    receiving     instruction 

outside    state. 


Sectiox 

4.  Otficers    and    agents ;    authorized    ex- 

penditure. 

5.  Takes  effect  September  1,   1913. 


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


Register    of   the 
blind. 


State   aid    and 
assistance. 


Section  1.  The  state  board  of  charities  and  correction  are  here- 
by authorized  to  prepare  and  maintain  a  register  of  the  blind  in 
the  state  which  shall  describe  their  condition,  cause  of  blindness, 
capacity  for  education  and  industrial  training  and  such  other  data 
as  said  board  may  deem  advisable. 

Sect.  2.  The  state  board  may  act  as  a  bureau  of  information 
and  industrial  aid  for  the  blind  and  for  this  purpose  in  their  dis- 
cretion may  furnish  materials  and  tools  to  any  blind  person  and 
may  assist  such  blind  persons  as  are  engaged  in  home  industries 
in  marketing  their  products  and  may  assist  the  blind  in  finding 
employment  and  in  developing  liome  industries  for  them,  and  may 
ameliorate  the  condition  of  the  blind  by  devising  means  to  facilitate 
the  circulation  of  books,  by  promoting  visits  among  the  aged  or 
helpless  blind  in  their  homes,  and  by  such  other  methods  as  it  may 
deem  expedient ;  provided,  that  the  said  board  shall  not  undertake 
the  permanent  support  or  maintenance  of  any  blind  person. 

Sect.  3.  The  state  board  of  charities  may  in  their  discretion 
contribute  to  the  support  of  the  blind  persons  from  New  Hampshire 
receiving  instruction  in  industrial  institutions  outside  of  the  state. 
Officers  and  Sect.  4.     Said  board  may  appoint  such  officers  and  agents  as  may 

agents;  authorized,  ,  .    ,     .         "  .  -     i         £e      j.    j.i  £    j.\   ' 

expenditure.  be  ueccssary  to  assist  111  carrying  into  effect  the  purposes  oi  this 

act  and  fix  the  compensation  of  such  persons  within  the  limits  of 
the  annual  appropriation  but  any  person  employed  by  the  board 
shall  not  be  a  member  of  the  board,  and  there  may  be  expended 
during  the  next  two  years  a  sum  not  exceeding  five  thousand  dollars 
per  year  in  carrying  into  effect  the  provisions  of  this  act. 

Takes  effect  Sep-      Sect.  5.     This  act  shall  take  effect  from  and  after  the  first  day 

tember  1,  1913.    ^j  September,  1913. 


Aid    to    those    out- 
side  state. 


[Approved  May  7,  1913.; 


1913] 


Chapter  ]18. 


607 


CHAPTER  118. 

AN    ACT    TO    REQUIRE   THE   REPORTING    OP    CERTAIN    OCCUPATIONAL    DIS- 
EASES,  AND  TO   PROVIDE  FOR  ITS  ENFORCEMENT, 


Section 

1.  Physicians  to   report  cases. 

2.  Blanks  to  be  furnished. 

3.  Reports   not   evidence. 


Section 

4.      Penalty   for  neglect. 

T).      Transmission    of    reports. 

6.      Takes  eitect  July   1,    1913. 


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

Section  1.  Report  of  Occupational  Diseases.  Every  physician  Physicians  to  re- 
in this  state  attending  on  or  called  in  to  visit  a  patient  whom  he  ^°'^*  '^^^^^' 
believes  to  be  suffering  from  poisoning  from  lead,  phosphorus, 
arsenic,  brass,  wood-alcohol,  mercury  or  their  compounds,  or  from 
anthrax,  or  from  compressed-air  illness,  or  any  other  ailment  or 
disease,  contracted  as  a  result  of  the  nature  of  the  patient's  em- 
ployment, shall  within  48  hours  send  to  the  state  board  of  health 
a  report  stating: 

(a)  Name,  address  and  occupation  of  patient. 

(b)  Name,  address  and  business  of  employer. 

(c)  Nature  of  disease. 

(d)  Such  other  information  as  may  be  reasonably  required  by 

the  state  board  of  health.    The  reports  herein  required  shall  be  on  ' 

or  in  conformity  with  the  standard  schedule  blanks  hereinafter  pro- 
vided for.  The  posting  of  the  report,  within  the  time  required, 
in  a  stamped  envelope  addressed  to  the  office  of  the  state  board  of 
health,  shall  be  a  compliance  with  this  section. 

Sect.  2.     Blanks  for  Reports.     The  state  board  of  health  shall  Blanks  to  be 
prepare  and  furnish,  free  of  cost,  to  the  physicians  included  in  sec-  "''^'^  ^ 
tion  1,  standard  schedule  blanks  for  the  reports  required  under 
this  act.    The  form  and  contents  of  such  blanks  shall  be  determined 
by  the  state  board  of  health. 

Sect.  3.     Reports  not  Evidence.     Reports  made  under  this  act  Reports  not 
shall  not  be  evidence  of  the  facts  therein  stated  in  any  action  aris- 
ing out  of  the  disease  therein  reported. 

Sect.  4.     Pcncdty.    Any  physician  who  neglects  or  refuses  to  send  Penalty. 
the  report  or  reports  as  herein  required  shall  be  liable  to  the  state 
for  a  penalty  of  five  dollars  for  each  offense,  recoverable  by  civil 
action  by  the  state  board  of  health. 

Sect.  5.     Transmission  of  Reports.     It  sliall  furthermore  be  the  Transmission   of 
duty  of  the  state  board  of  health  to  transmit  a  copy  of  all  such  "^°'^*^' 
reports  of  occupational  disease  to  the  commissioner  of  labor. 


608  Chapter  119,  [1913 

Takes  effect  Sect.  6.     Time  of  Taking  Effect.    This  act  shall  take  effect  on  the 

July  1,1913.        firstdayof  July,  1913. 

[Approved  May  7,  1913.] 


CHAPTER  119. 

AN  ACT  TO  AMEND  CHAPTER  192,  OF  THE  LAWS  OF  1911,  ENTITLED,  "an 
act  in  AMENDMENT  OF  SECTION  8,  CHAPTER  35  OF  THE  LAWS  OF 
1905,  [and  OF  SECTION  20  OF  CHAPTER  155  OF  LAWS  OF  1909]  RE- 
LATING TO  MAINTENANCE  OF  HIGHWAYS. ' ' 

Section   1.     Automobile  revenue,   what   percentage  for  repair  of  non-truuk  line  roads. 

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

Automobile  reve-  SECTION  1.  Amend  section  8  of  chapter  35  of  the  Laws  of  1905, 
t^entagl^for  r^  as  amended  by  chapter  192  of  the  Laws  of  1911,  as  follows :  In 
Hne'rldT"*'''"'' li^e  13  after  the  words  "roads  of"  insert  the  words  not  more  than, 
so  that,  as  amended,  said  section  shall  read:  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  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  such  city,  town  or  place  for  the  next 
year ;  except  that  assistance  shall  be  rendered  by  the  governor  and 
council  to  such  cities,  toA^ns  or  places  by  the  application  therefor 
on  non-trunk  line  roads  of  not  more  than  thirty-five  per  cent,  of 
the  net  revenue  from  automobile  fees  and  fines,  to  be  withdrawn 
from  the  treasury  on  the  warrant  of  the  governor. 

[Approved  May  7,  1913.] 


1913]  Chapter  120.  609 

CHAPTER  120. 

AN  ACT  TO  REGULATE  THE  PASSENGER  FARES  ON  STREET  RAILWAYS  IN 
CITIES  OF  35,000  OR  MORE  POPULATION. 


Sectiok 

1.  Public  service  commission  to  investi- 

gate. 

2.  Tickets  at  reduced  rates  to  scholars. 


Sectiok 

5.  Orders  subject  to  change. 

6.  Expense    of    investigation    borne    by 

railway. 


3.  To   general   public    at   certain  hours.  7.      Repealing  clause;  act  takes  effect  on 

4.  Penalty;   right  of  appeal.  |  passage. 

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

Section  1.  The  public  service  commission  shall  investigate  the  Public  service 
value  of  the  property  of  the  Manchester  Street  Railway  devoted  to  investigate. 
public  use,  the  cost  of  operating  the  same,  and  the  revenue  derived 
therefrom,  and  any  other  matters  which  it  may  judge  necessary  in 
order  to  arrive  at  a  just  conclusion  as  to  whether  said  corpora- 
tion can  reasonably  be  required  to  reduce  its  fares  to  any  class  of 
passengers. 

Sect.  2.  After  said  investigation,  and  a  full  hearing,  said  com-  rickets  at  reduced 
mission  shall  make  an  order  requiring  said  corporation  to  offer  for 
sale  to  school  children  in  such  manner  as  said  commission  shall  pre- 
scribe, tickets  good  to  the  purchaser  only  for  one  ride  each  with  the 
same  transfer  privileges  as  are  accorded  to  passengers  paying  the 
regular  cash  fare,  said  tickets  to  be  sold  at  the  rate  of  six  tickets 
for  twenty-five  cents  and  twenty-five  tickets  for  one  dollar,  unless 
it  shall  appear  that  the  putting  into  effect  of  such  rate  to  school 
children  would  so  reduce  the  net  revenue  of  said  corporation  that  it 
would  not  receive  a  reasonable  return  upon  the  value  of  its  property 
devoted  to  public  use.  The  term  ''school  children"  as  herein  used 
shall  be  construed  to  include  all  persons  under  twenty-one  years  of 
age  attending  public  schools,  including  high  schools,  and  private 
schools  of  like  grade,  on  their  way  to  and  from  such  schools. 

Sect.  3.  Said  commission  shall  also  have  power  to  order  said  To  general  public 
corporation  in  like  manner  to  sell  tickets  at  the  same  rate,  good  only  * 
to  purchaser  for  use  as  aforesaid,  available  to  the  general  public 
as  well  as  to  school  children,  such  tickets  to  be  good  for  use,  how- 
ever, only  during  such  hours  on  week  days  as  the  commission  shall 
specify ;  but  no  such  order  shall  be  made  Avhich  it  shall  appear  will 
prevent  the  earning  by  said  corporation  of  a  reasonable  return 
upon  the  value  of  its  property  devoted  to  public  use. 

Sect.  4.     Said  corporation  and  every  officer  and  agent  of  the  Penalty  for  non- 
same  shall  comply  with  every  order  of  the  commission  made  under  of  appeal.  ' 
the  authority  of  this  act,  and  for  anv  violation  thereof  shall  be 


610  Chapter  121.  [1913 

subject  to  the  penalties  prescribed  by  section  18  of  chapter  164 
of  the  Laws  of  1911.     Appeal,  however,  may  be  taken  from  any 
such  order  as  from  orders  of  the  commission  generally. 
Orders  subject  to      Sect.  5.     Said  commission  may  alter,  amend,  modify,  suspend  or 

change,  .  '  •/  ?  x 

set  aside  any  order  made  under  the  provisions  of  this  act. 

Expense  of  in-  Sect.  6.  The  expcusc  of  the  investigation  required  by  this  act, 
not  including  any  portion  of  the  salaries  of  the  commissioners  shall 
be  assessed  upon  said  corporation  and  paid  by  it. 

Repealing  clause;      Sect.  7.     All  acts  and  parts  of  acts  inconsistent  herewith  are 

act  tal^s  effect  on 

passage.  hereby  repealed  so  far  as  they  are  inconsistent,  and  this  act  shall 

take  effect  upon  its  passage. 

[Approved  May  7,  1913.] 


CHAPTER  121. 


AN  ACT  RELATING  TO  DEDICATED  AND  UNl\SED  STREETS. 


Section 

1.      Discharged  of  servitude  after  twenty 
years'    disuse. 


Section 

2.  Discharge  by  municipal  officers. 

3.  Takes  effect  on  passage. 


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

Discharged    after       SECTION  1.     That  any  street,  lane  or  alley  within  this  state  which 
disuse.  "  has  been  heretofore  or  shall  hereafter  be  dedicated  to  public  use 

by  being  drawn  or  shown  upon  a  plan  of  lands  platted  by  the 
owner,  and  the  sale  of  lots  in  accordance  with  such  plan,  be  and 
hereby  is  released  and  discharged  from  all  public  servitude  unless 
such  street,  lane  or  alley  has  been  or  shall  be  opened,  built  or  used 
for  public  travel  within  twenty  years  from  such  dedication. 
Discharge  by  Sect.  2.     The  board  of  mayor  and  aldermen  of  anv  citv  or  the 

municipal    officers.       -  „  •     ^  ^'  i        ■       ^  ~i     -,'•      ^ 

selectmen  oi  any  town  is  hereby  authorized  to  release  and  discharge 
any  such  street,  lane  or  alley,  dedicated  as  aforesaid,  from  all  public 
servitude  at  any  time  after  such  dedication,  upon  petition  by  any 
interested  party  and  notice  and  hearing  thereon,  whenever  in  their 
opinion  such  street,  lane  or  alley  shall  not  be  needed  for  the  ac- 
commodation of  public  travel.  All  proceedings  shall  be  conducted 
in  the  manner  now  provided  for  the  laying  out  of  highways,  and 
any  interested  party  may  appeal  to  the  superior  court  from  the 
decision,  as  in  the  case  of  petitions  for  laying  out  highways. 
Takes   effect  Sect.  3.     This  act  sliall  take  effect  upon  its  passage. 

on  passage.  x  o 

[Approved  May  7,  1913.] 


\ 


1933] 


Chapter  122. 


611 


CHAPTER  ]22. 


AN  ACT  TO  REGULATE  AXD  CONTROL  FRATERNAL  BENEFIT  SOCIETIES. 


Section 

1.  '"Frateiiial    benefit     society"    defined. 

2.  '"Lodge  system"   defined. 

3.  "Representative  form  of  government" 

defined. 
Exemption  from  insurance  laws. 
What  benefits  may  be  paid. 
Beneficiaries,   who  may  be. 
Qualifications  for   membership. 
CertifiL'ate,    what  to   contain. 
Emergency  or  sui'plus  fund. 
Investment  of  funds. 
Distribution   of   funds. 
Organization,    requisites    of. 
Rights  of   existing  societies. 
Mergers   and   transfers. 
Annual  license  and  fee  therefor. 
Foreign   society,   how   admitted. 
Service  of  process  on  foreign  society. 
Governing     body,     where     to     meet; 

office  to  be  in  this  state. 
Officers   and   members   not   personally 

liable. 
20.      Waiver  of  society's  laws. 


4. 


9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 

19. 


Section 

21.  Benefits    not    subject    to    attachment. 

22.  Amendments    of    laws,    etc.,    to    in- 

surance  commissioner. 

23.  Statements     of     condition,     what     to 

contain. 
23.      a.     Provisions    to    insure    future    se- 
curity. 

23.  b.    Valuation    of    certificates    on    ac- 

cumulation basis,  etc. 

24.  Examination     of    domestic    societies; 

proceedings  for  dissolution. 

25.  Application    for    receiver,    etc.,    how 

made. 

26.  Examination   of   foreign   societies. 

27.  Publication    of    adverse   reports,    etc. 

28.  Revocation   of   license. 

29.  Sundry  provisions   as  to  government 

and  conduct  of  business. 

30.  Exemption   from  taxation. 

31.  Penalties  for  sundry  violations. 

32.  Repealing    clause;     act    takes    effect 

January    1,    1914. 


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


Section  1.  (Fraternal  Benefit  Societies  Defined.)  Any  corpora-  "Fraternal  benefit 
tion,  society,  order  or  voluntary  association,  without  capital  stock, 
organized  and  carried  on  solely  for  the  mutual  benefit  of  its  mem- 
bers and  their  beneficiaries,  and  not  for  profit,  and  having  a  lodge 
system  with  ritualistic  form  of  work  and  representative  form  of 
government,  or  without  a  lodge  system  under  the  direct  control 
of  the  members,  and  which  shall  make  provision  for  the  payment 
of  benefits  in  accordance  with  section  5  hereof,  is  hereby  declared 
to  be  a  fraternal  benefit  society. 

Sect.  2.  (Lodge  System  Defined.)  Any  society  having  a  su-  "Lodge  system" 
preme  governing  or  legislative  body  and  subordinate  lodges  or 
branches  by  whatever  name  known,  into  which  members  shall  be 
elected,  initiated  and  admitted  in  accordance  with  its  constitution, 
laws,  rules,  regulations  and  prescribed  ritualistic  ceremonies,  which 
subordinate  lodges  or  branches  shall  be  required  by  the  laws  of 
such  society  to  hold  regular  or  stated  meetings  at  least  once  in 
each  month,  shall  be  deemed  to  be  operating  on  the  lodge  system. 

Sect.  3.  (Representative  Form  of  Government  Defined.)  Any  "Representative 
such  society  shall  be  deemed  to  have  a  representative  form  of  gov- ment"°  affined!^ 
ernment  when  it  shall  provide  in  its  constitution  and  laws  for  a 


612  Chapter  122.  [1913 

supreme  legislative  or  governing  body,  composed  of  representatives 
elected  either  by  the  members  or  by  delegates  elected  directly  or 
indirectly  by  the  members,  together  with  such  other  members  as 
may  be  prescribed  by  its  constitution  and  laws;  provided,  that  the 
elective  members  shall  constitute  a  majority  in  number  and  have 
not  less  than  two  thirds  of  the  votes,  nor  less  than  the  votes  required 
to  amend  its  constitution  and  laws;  and  provided  further,  that  the 
meetings  of  the  supreme  or  governing  body,  and  the  election  of 
officers,  representatives  or  delegates  shall  be  held  as  often  as  once 
in  four  years.  The  members,  officers,  representatives  or  delegates 
of  a  fraternal  benefit  society  shall  not  vote  by  proxy. 

SfncTiaws."'  Sect.  4.  (Exemptions.)'  Except  as  herein  provided,  such  so- 
cieties shall  be  governed  by  this  act,  and  shall  be  exempt  from  all 
provisions  of  the  insurance  laws  of  this  state,  not  only  in  govern- 
mental relations  with  the  state,  but  for  every  other  purpose,  and 
no  laAv  hereafter  enacted  shall  apply  to  them,  unless  they  be  ex- 
pressly designated  therein. 

what^benefits  may  Sect.  5.  (Benefits.)  Subsection  1.  Every  society  transacting 
business  under  this  act  shall  provide  for  the  payment  of  death 
benefits,  and  may  provide  for  the  payment  of  benefits  in  case  of 
temporary  or  permanent  physical  disability,  either  as  the  result 
of  disease,  accident  or  old  age;  provided,  the  period  of  life  at  which 
the  payment  of  benefits  for  disability  on  account  of  old  age  shall 
commence,  shall  not  be  under  seventy  years,  and  may  provide  for 
monuments  or  tombstones  to  the  memory  of  its  deceased  members, 
and  for  the  payment  of  funeral  benefits  of  not  more  than  one 
hundred  dollars.  Such  society  shall  have  the  power  to  give  a  mem- 
ber, when  permanently  disabled  or  on  attaining  the  age  of  seventy, 
all,  or  such  portion  of  the  face  value  of  his  certificate  as  the  laws 
of  the  society  may  provide ;  provided,  that  nothing  in  this  act  con- 
tained shall  be  so  construed  as  to  prevent  the  issuing  of  benefit 
certificates  for  a  term  of  years  less  than  the  whole  of  life  which  are 
payable  upon  the  death  or  permanent  disability  of  the  member 
occurring  within  the  term  for  which  the  benefit  certificate  may  be 
issued.  Such  society  shall,  upon  written  application  of  the  member, 
have  the  power  to  accept  a  part  of  the  periodical  contributions  for 
mortuary  purposes  in  cash,  and  charge  the  remainder,  not  exceed- 
ing one  half  of  the  periodical  contribution,  against  the  certificate 
with  interest  payable  or  compounded  annually  at  a  rate  not  lower 
than  four  per  cent,  per  annum :  provided,  that  this  privilege  shall 
not  be  granted  except  to  societies  which  have  readjusted  or  may 
hereafter  readjust  their  rates  of  contributions,  and  to  contracts 
affected  by  such  readjustment.  Subsection  2.  Any  society  which 
shall  show  by  the  annual  valuation  hereinafter  provided  for  that 
it  is  accumulating  and  maintaining  the  reserve  not  lower  tlian  the 


1933]  Chapter  122.  613 

usual  reserve  computed  by  the  American  Experience  Table  and  four 
per  cent,  interest,  may  grant  to  its  members  extended  and  paid-up 
protection,  or  such  withdrawal  equities  as  its  constitution  and  laws 
may  provide ;  provided,  that  such  grants  shall  in  no  case  exceed 
in  value  the  portion  of  the  reserve  to  the  credit  of  such  members 
to  whom  they  are  made. 

Sect.  6.     (Beneficiaries.)     The  payment  of  death  benefits  shall  Beneficiaries, 

who    mav    be. 

be  confined  to  wife,  husband,  relative  by  blood  to  the  fourth  degree, 
father-in-law,  mother-in-law,  son-in-law,  daughter-in-law,  step- 
father, stepmother,  stepchildren,  betrothed,  children  by  legal  adop- 
tion, or  to  a  person,  or  persons  dependent  upon  the  member ;  pro- 
vided,  that  if  after  the  issuance  of  the  original  certificate  the  mem- 
ber shall  become  dependent  upon  an  incorporated  charitable  insti- 
tution, he  shall  have  the  privilege  with  the  consent  of  the  society, 
to  make  such  institution  his  beneficiary.  Within  the  above  restric- 
tions each  member  shall  have  the  right  to  designate  his  beneficiary, 
and,  from  time  to  time,  have  the  same  changed  in  accordance  with 
the  laws,  rules  or  regulations  of  the  society,  and  no  beneficiary  shall 
have  or  obtain  any  vested  interest  in  the  said  benefit  until  the  same 
has  become  due  and  payable  upon  the  death  of  the  said  member; 
provided,  that  any  society  may,  by  its  laws,  limit  the  scope  of 
beneficiaries  within  the  above  classes. 

Sect.  7.  (Qualifications  for  Membership.)  Any  society  may  Qualifications  for 
admit  to  beneficial  membership  any  person  not  less  than  sixteen  "^^^  ^^^  '^' 
and  not  more  than  sixty  years  of  age,  Avho  has  been  examined  by 
a  legally  qualified  physician,  and  whose  examination  has  been  super- 
vised and  approved  in  accordance  with  tlie  laws  of  the  society ; 
provided,  that  any  beneficiary  member  of  such  society  who  shall 
apply  for  a  certificate  providing  for  disability  benefits,  need  not 
be  required  to  pass  an  additional  medical  examination  therefor. 
Nothing  herein  contained  shall  prevent  such  society  from  accept- 
ing general  or  social  members. 

Sect.  8.  (Certificate.)  Every  certificate  issued  by  any  such  Certificate,  what 
society  shall  specifj"  the  amount  of  benefit  provided  thereby,  and 
shall  provide  that  the  certificate,  the  charter  or  articles  of  incor- 
poration, or,  (if  a  voluntary  association,  the  articles  of  association,) 
the  constitution  and  laws  of  the  society  and  the  application  for 
membership  and  medical  examination,  signed  by  the  applicant,  and 
all  amendments  to  each  thereof,  shall  constitute  the  agreement  be- 
tween the  society  and  the  member,  and  copies  of  the  same  certified 
by  the  secretary  of  the  society,  or  corresponding  officer,  shall  be 
received  in  evidence  of  the  terms  and  conditions  thereof,  and  any 
changes,  additions  or  amendments  to  said  charter  or  articles  of 
incorporation,  or  (articles  of  association  if  a  voluntary  association,) 
constitution  or  laws  duly  made  or  enacted  subsequent  to  the  issu- 


614 


Chapter  122. 


[1913 


Emergency    or 
surplus   fund. 


Investment    of 
funds. 


anee  of  the  benefit  certificate  shall  bind  the  member  and  his  bene- 
ficiaries, and  shall  govern  and  control  the  agreement  in  all  respects 
the  same  as  though  such  changes,  additions  or  amendments  had 
been  made  prior  to  and  were  in  force  at  the  time  of  the  application 
for  membership. 

Sect.  9.  (Funds.)  Subsection  1.  Any  society  may  create, 
maintain,  invest,  disburse  and  apply  an  emergency,  surplus  or  other 
similar  fund  in  accordance  with  its  laws.  Unless  otherwise  pro- 
vided in  the  contract,  such  funds  shall  be  held,  invested,  and  dis- 
bursed for  the  use  and  benefit  of  the  society,  and  no  member  or 
beneficiary  shall  have  or  acquire  individual  rights  therein  or  be- 
come entitled  to  any  apportionment  or  the  surrender  of  any  part 
thereof,  except  as  provided  in  subsection  2  of  section  5  of  this  act. 
The  funds  from  which  benefits  shall  be  paid  and  the  funds  from 
which  the  expenses  of  the  society  shall  be  defrayed,  shall  be  de- 
rived from  periodical  or  other  payments  by  the  members  of  the 
society  and  accretions  of  said  funds.  Provided,  that  no  society 
shall  hereafter  be  incorporated  which  does  not  provide  for  stated 
periodical  contributions  sufficient  to  provide  for  meeting  the  mor- 
tuary obligations  contracted,  when  valued  upon  the  basis  of  the 
National  Fraternal  Congress  Table  of  ^Mortality  as  adopted  by  the 
National  Fraternal  Congress  August  23,  1899,  or  any  higher  stand- 
ard with  interest  assumption  not  more  than  four  per  cent,  per 
annum,  nor  shall  any  such  society  be  admitted  to  transact  business 
in  this  state  which  does  not  provide  for  stated  periodical  contri- 
butions sufficient  to  provide  for  meeting  the  mortuary  obligations 
contracted  when  valued  upon  one  of  the  bases  named  in  section  23 
of  this  bill  and  applicable  thereunder  to  such  society.  No  society, 
domestic  or  foreign,  shall  hereafter  be  incorporated  or  admitted  to 
write  or  accept  members  for  permanent  disability  benefits  except 
upon  tables  based  upon  reliable  experience  with  an  interest  assump- 
tion not  higher  than  four  per  cent.  This  subsection  shall  not  apply 
to  societies  providing  benefits  for  disability  or  death  by  accident 
only.  Subsection  2.  Deferred  payments  of  instalment  of  claims 
shall  be  considered  as  fixed  liabilities  on  the  happening  of  the  con- 
tingency upon  Avhich  sueli  payments  or  instalments  are  thereafter 
to  be  paid.  Such  liability  shall  be  the  present  value  of  such  future 
payments  or  instalments  upon  the  rate  of  interest  and  mortality 
assumed  by  the  society  for  valuation,  and  every  society  shall  main- 
tain a  fund  sufficient  to  meet  such  liability  regardless  of  proposed 
future  collections  to  meet  any  such  liabilities. 

Sect.  10.  (Investments.)  Every  society  shall  invest  its  funds 
only  in  securities  permitted  by  the  laws  of  this  state  for  the  invest- 
ment of  the  assets  of  life  insurance  companies ;  provided,  that  any 
foreign  society  permitted  or  seeking  to  do  business  in  this  state, 


1913]  Chapter  122.  615 

which  invests  its  funds  in  accordance  with  the  laws  of  the  state  in 
which  it  is  incorporated,  shall  be  held  to  meet  the  requirements  of 
this  act  for  the  investment  of  funds. 

Sect.  11.  (Distribution  of  Funds.)  Every  provision  of  the  laws  Distribution  of 
of  the  society  for  payment  by  members  of  such  society,  in  whatever 
form  made,  shall  distinctly  state  the  purpose  of  the  same  and  the 
proportion  thereof  which  may  be  used  for  expenses,  and  no  part  of 
the  money  collected  for  mortuary  or  disability  purposes  or  the  net 
accretions  of  either  or  any  of  said  funds  shall  be  used  for  expenses. 

Sect.  12.  (Organization.)  Seven  or  more  persons,  citizens  of  Organization, 
the  United  States,  and  a  majority  of  whom  are  citizens  of  this  state,  ^'^'^"'^'  ®^ 
who  desire  to  form  a  fraternal  benefit  society,  as  defined  by  this 
act,  may  form  a  corporation  under  the  provisions  of  chapter  147 
of  the  Public  Statutes.  The  articles  of  association  shall  state  1st : 
The  proposed  corporate  name  of  the  society,  which  shall  not  so 
closely  resemble  the  name  of  any  society  or  insurance  company 
already  transacting  business  in  this  state  as  to  mislead  the  public 
or  to  lead  to  confusion;  2d.  The  purposie  for  which  it  is  formed — 
which  shall  not  injclude  more  liberal  powers  than  are  granted  by 
this  act,  provided  that  any  lawful  social,  intellectual,  educational, 
charitable,  benevolent,  moral  or  religious  advantages  may  be  set 
forth  among  the  purposes  of  the  society — and  the  mode  in  which  its 
corporate  powers  are  to  be  exercised ;  3d.  The  names,  residences 
and  official  titles  of  all  the  officers,  trustees,  directors  or  other  per- 
sons who  are  to  have  and  exercise  the  general  control  and  manage- 
ment of  the  affairs  and  funds  of  the  society  for  the  first  year  or 
until  the  ensuing  election  at  wliich  all  such  officers  shall  be  elected 
by  the  supreme  legislative  or  governing  body,  which  election  shall 
be  held  not  later  than  one  year  from  the  date  of  the  issuance  of 
the  permanent  certificate.  A  copy  of  such  articles  of  association 
duly  certified  by  the  secretary  of  state  and  duly  certified  copies  of 
the  constitution  and  laws,  rules,  and  regulations,  and  copies  of  all 
proposed  forms  of  benefit  certificates,  applications  therefor  and 
circulars  to  be  issued  by  such  society,  and  a  bond  in  the  sum  of 
five  thousand  dollars,  with  sureties  approved  by  the  insurance  com- 
missioner conditioned  upon  the  return  of  the  advance  payments,  as 
provided  in  this  section,  to  applicants,  if  the  organization  is  not 
completed  within  one  year,  shall  be  filed  with  the  insurance  com- 
missioner, who  may  require  such  further  information  as  he  deems 
necessary,  and  if  the  purposes  of  the  society  conform  to  the  re- 
quirements of  this  act,  and  all  provisions  of  law  have  been  complied 
with,  the  insurance  commissioner  shall  so  certify  and  retain  and  file 
said  articles  and  furnish  the  society  a  preliminary  certificate  au- 
thorizing said  society  to  solicit  members  as  hereinafter  provided. 
Upon  receipt  of  said  certificate  from  the  insurance  commissioner 
said  society  may  solicit  members  for  the  purpose  of  completing  its 


616  Chapter  122.  [1913 

organization  and  shall  collect  from  each  applicant  the  amount  of 
not  less  than  one  regular  monthly  payment,  in  accordance  with 
its  table  of  rates  as  provided  by  its  constitution  and  laws  and  shall 
issue  to  each  such  applicant  a  receipt  for  the  amouut  so  collected. 
But  no  such  society  shall  incur  any  liability  other  than  for  such 
advanced  payments,  nor  issue  any  benefit  certificate  nor  pay  or 
allow,  or  offer  or  promise  to  pay  or  allow,  to  any  person  any  death 
or  disability  benefit  until  actual  bona  fide  applications  for  death 
benefit  certificates  have  been  secured  upon  at  least  five  hundred 
lives  for  at  least  one  thousand  dollars  each,  and  all  such  applicants 
for  death  benefits  shall  have  been  regularly  examined  by  legally 
qualified  practicing  physicians,  and  certificates  of  such  examina- 
tions have  been  duly  filed  and  approved  by  the  chief  medical  ex- 
aminer of  such  society ;  nor  until  there  shall  be  established  ten  subor- 
dinate lodges  or  branches  into  which  said  five  hundred  applicants 
have  been  initiated;  nor  until  there  has  been  submitted  to  the  in- 
surance commissioner  under  oath  of  the  president  and  secretar}^, 
or  corresponding  officers  of  such  society,  a  list  of  such  applicants, 
giving  their  names,  addresses,  date  examined,  date  approved,  date 
initiated,  name  and  number  of  the  subordinate  branch  of  which 
each  applicant  is  a  member,  amount  of  benefits  to  be  granted,  rate 
of  stated  periodical  contributions,  which  shall  be  sufficient  to  pro- 
vide for  meeting  the  mortuary  obligation,  contracted,  when  valued 
for  death  benefits  upon  the  basis  of  the  National  Fraternal  Congress 
Table  of  Mortality,  as  adopted  by  the  National  Fraternal  Congress 
August  23,  1899,  or  any  higher  standard  at  the  option  of  the  society, 
and  for  disability  benefits  by  tables  based  upon  reliable  experience, 
and  for  combined  death  and  permanent  total  disability  benefits  by 
tables  based  upon  reliable  experience,  with  an  interest  assumption 
not  higher  than  four  per  cent,  per  annum;  nor  until  it  shall  be 
shown  to  the  insurance  commissioner  by  the  sworn  statement  of 
the  treasurer,  or  corresponding  officer  of  such  society,  that  at  least 
five  hundred  applicants  have  each  paid  in  cash  at  least  one  regular 
monthly  payment  as  herein  provided  per  one  thousand  dollars  of 
indemnity  to  be  effected,  which  payments  in  the  aggregate  shall 
amount  to  at  least  twenty-five  hundred  dollars;  all  of  which  shall 
be  credited  to  the  mortuary  or  disability  fund  on  account  of  such 
applicants,  and  no  part  of  which  may  be  used  for  expenses.  Said 
advance  payments  shall,  during  the  period  of  organization,  be  held 
in  trust,  and,  if  the  organization  is  not  completed  within  one  year 
as  hereinafter  provided,  returned  to  said  applicants.  The  insurance 
commissioner  may  make  such  examination  and  require  such  further 
information  as  he  deems  advisable,  and.  upon  presentation  of  satis- 
factory evidence  that  the  society  has  complied  with  all  the  provi- 
sions of  law.  he  shall  issue  to  such  society  a  certificate  to  that  effect.' 


1913]  Chapter  122.  .  617 

Such  certificate  shall  be  prima  facie  evidence  of  the  existence  of 
such  society  at  the  date  of  such  certificate.  The  insurance  com- 
missioner shall  cause  a  record  of  such  certificate  to  be  made  and  a 
certified  copy  of  such  record  may  be  given  in  evidence  with  like 
effect  as  the  original  certificate.  No  preliminary  certificate  granted 
under  the  provisions  of  this  section  shall  be  valid  after  one  year 
from  its  date,  or  after  such  further  period,  not  exceeding  one  year, 
as  may  be  authorized  by  the  insurance  commissioner,  upon  cause 
shown;  unless  the  five  hundred  applicants  herein  required  have 
been  secured  and  the  organization  has  been  completed  as  herein 
provided ;  and  the  articles  of  incorporation  and  all  proceedings 
thereunder  shall  become  null  and  void  in  one  year  from  the  date 
of  said  preliminary  certificate,  or  at  the  expiration  of  said  extended 
period,  unless  such  society  shall  have  completed  its  organization 
and  commenced  business  as  herein  provided.  When  any  domestic 
society  organized  under  this  act  shall  have  discontinued  business 
for  more  than  one  year,  or  at  the  expiration  of  tAvo  years  from  the 
time  this  act  is  in  effect  shall  have  less  than  400  members,  the 
charter  may  be  annulled  on  the  complaint  of  the  insurance  com- 
missioner to  the  attorney-general  and  his  action  thereon  as  pro- 
vided in  section  24.  Every  such  society  shall  have  the  power  to 
make  a  constitution  and  by-laws  for  the  government  of  the  society, 
the  admission  of  its  members,  the  management  of  its  affairs  and  the 
fixing  and  readjusting  of  the  rates  of  contribution  of  its  mem- 
bers from  time  to  time ;  and  it  sliall  have  the  power  to  change, 
alter,  add  to  or  amend  such  constitution  and  by-laws  and  shall  have 
such  other  powers  as  are  necessary  and  incidental  to  carrying  into 
effect  the  objects  and  purposes  of  the  society. 

Sect.  13.  (Powers  Retained — Reincorporation — Amendments.)  Rights  of  exist- 
Any  society  now  engaged  in  transacting  business  in  this  state  may  '"^ 
exercise,  after  the  passage  of  this  act,  all  of  the  rights  conferred 
hereby,  and  all  of  the  rights,  powers  and  privileges  now  exercised 
or  possessed  by  it  under  its  charter  or  articles  of  incorporation  not 
inconsistent  with  this  act,  if  incorporated ;  or,  if  it  be  a  voluntary 
association,  it  may  incorporate  hereunder.  But  no  society  already 
organized  shall  be  required  to  reincorporate  hereunder,  and  any 
such  society  may  amend  its  articles  of  incorporation  from  time 
to  time  in  the  manner  provided  by  law  and  all  such  amendments 
shall  be  filed  Avith  the  insurance  commissioner  and  shall  become 
operative  upon  such  filing,  unless  a  later  time  be  provided  in  such 
amendments. 

Sect.  14.     (Mergers  and  Transfers.)     No  domestic  society  shall  Mergers  and 
merge  with  or  accept  the  transfer  of  the  membership  or  funds  of 
any  other  society  unless  such  merger  or  transfer  is  evidenced  by  a 
contract  in  writing,  setting  out  in  full  the  terms  and  conditions  of 


618  •  Chapter  122.  [1913 

such  merger  or  transfer,  and  filed  with  tlie  insurance  commissioner, 
together  with  a  sworn  statement  of  the  financial  condition  of  each 
of  said  societies,  by  its  president  and  secretary,  or  corresponding 
officers,  and  a  certificate  of  such  officers,  duly  verified  under  oath 
of  said  officers  of  each  of  the  contracting  societies,  that  such  merger 
or  transfer  has  been  approved  by  a  vote  of  two  thirds  of  the  mem- 
bers of  the  supreme  legislative  or  governing  body  of  each  of  said 
societies.  Upon  the  submission  of  said  contract,  financial  state- 
ments and  certificates,  the  insurance  commissioner  shall  examine 
the  same,  and  if  he  shall  find  such  financial  statements  to  be  correct 
and  the  said  contract  to  be  in  conformity  with  the  provisions  of 
this  section,  and  that  such  merger  or  transfer  is  just  and  equitable 
to  the  membei-s  of  each  of  said  societies,  he  shall  approve  said 
merger  or  transfer,  issue  his  certificate  to  that  effect  and  thereupon 
the  said  contract  of  merger  or  transfer  shall  be  of  full  force  and 
effect  and  the  consolidated  society  so  created  shall  be  admitted  to 
do  business  in  this  state.  In  case  such  contract  is  not  approved, 
the  fact  of  its  submission  and  its  contents  shall  not  be  disclosed 
by  the  insurance  commissioner. 

Annual  license  Sect.  15.      (Annual  Liccuse. )     Societies  which  are  now  author- 

'  ized  to  transact  business  in  this  state  may  continue  such  business 
until  the  first  day  of  April  next  succeeding  the  passage  of  this  act, 
and  the  authority  of  such  societies  may  thereafter  be  renewed  an- 
nually, but  in  all  cases  to  terminate  on  the  first  day  of  the  succeed- 
ing April ;  provided,  however,  the  license  shall  continue  in  full  force 
and  effect  until  the  new  license  be  issued  or  specifically  refused. 
For  each  such  license  or  renewal  the  society  shall  pay  the  insurance 
commissioner  five  dollars.  A  duly  certified  copy  or  duplicate  of 
such  license  shall  be  prima  facie  evidence  that  the  licensee  is  a 
fraternal  benefit  society  wdthin  the  meaning  of  this  act. 

Foreign  society,  Sect.  16.  (Admissiou  of  Foreign  Society.)  No  foreign  society 
which  is  not  now  authorized  to  transact  business  in  this  state,  shall 
transact  any  business  herein  without  a  license  from  the  insurance 
commissioner.  Any  such  society  shall  be  entitled  to  a  license  to 
transact  business  within  this  state  upon  filing  with  the  insurance 
commissioner  a  duly  certified  copy  of  its  charter  or  articles  of  asso- 
ciation; a  copy  of  its  constitution  and  laws,  certified  by  its  secre- 
tary or  corresponding  officer ;  a  power  of  attorney  to  the  insurance 
commissioner  as  hereinafter  provided ;  a  statement  of  its  business 
under  oath  of  its  president  and  secretary,  or  corresponding  officers, 
in  the  form  required  by  the  insurance  commissioner,  duly  verified 
by  an  examination  made  by  the  supervising  insurance  official  of 
its  home  state  or  other  state  satisfactory  to  the  insurance  commis- 
sioner of  this  state ;  a  certificate  from  the  proper  official  in  its  home 
state,  province  or  country,  that  the  society  is  legally  organized  ; 


how    admitted. 


1913]  Chapter  122.  619 

a  copy  of  its  coutracts,  which  must  show  that  benefits  are  provided 
for  by  periodical,  or  other  payments  by  persons  holding  similar 
contracts ;  and  upon  furnishing  the  insurance  commissioner  such 
other  information  as  he  may  deem  necessary  to  a  proper  exhibit 
of  its  business  and  plan  of  working,  and  upon  showing  that  its 
assets  are  invested  in  accordance  with  the  laws  of  the  state,  terri- 
tory, district,  province  or  country  where  it  is  organized,  he  shall 
issue  a  license  to  such  society  to  do  business  in  this  state,  until  the 
first  day  of  the  succeeding  April,  and  such  license  shall,  upon  com- 
pliance with  the  provisions  of  this  act,  be  renewed  annually,  but  in 
all  cases  to  terminate  on  the  first  day  of  the  succeeding  April.  Any 
foreign  society  desiring  admission  to  this  state,  shall  have  the  quali- 
fications required  of  domestic  societies  organized  under  this  act  upon 
a  valuation  by  any  one  of  the  standards  authorized  in  section  23 
and  have  its  assets  invested  as  required  by  the  laws  of  the  state, 
territory,  district,  country,  or  province  where  it  is  organized.  For 
each  such  license  or  renewal  the  society  shall  pay  the  insurance 
commissioner  five  dollars.  When  the  insurance  commissioner  re- 
fuses to  license  any  society,  or  revokes  its  authority  to  do  business  in 
this  state,  he  shall  reduce  his  ruling,  order  or  decision  to  writing 
and  file  the  same  in  his  office  and  shall  furnish  a  copy  thereof,  to- 
gether with  a  statement  of  his  reasons,  to  the  officers  of  the  society 
upon  request ;  provided,  however,  that  nothing  contained  in  this  or 
the  preceding  section  shall  be  taken  or  construed  as  preventing 
any  such  society  from  continuing  in  good  faith  all  contracts  made  in 
this  state  during  the  time  such  society  was  legally  authorized  to 
transact  business  herein. 

Sect.  17.  (Power  of  Attorney  and  Service  of  Process.)  Every  Service  of  process 
foreign  society  shall  appoint  in  writing  the  insurance  commissioner  society.^'^ 
or  his  successor  in  office  to  be  its  true  and  lawful  attorney,  upon 
whom  all  lawful  process  in  any  action  or  proceeding  against  it  may 
'he  -served,  and  in  such  writing  shall  agree  that  any  lawful  process 
against  it  which  is  served  on  said  attorney  shall  be  of  the  same 
legal  force  and  validit}"  as  if  served  upon  the  society,  and  that  the 
authority  shall  continue  in  force  so  long  as  any  liability  remains 
outstanding  in  this  state.  Copies  of  such  certificate,  certified  by 
said  insurance  commissioner,  shall  be  deemed  sufficient  evidence 
thereof,  and  shall  be  admitted  in  evidence  with  the  same  force  and 
effect  as  the  original  thereof  might  be  admitted.  Service  upon  such 
attorney  shall  be  deemed  sufficient  service  upon  such  society.  When 
legal  process  against  any  such  society  is  served  upon  said  insurance 
commissioner,  he  shall  immediately  notify  the  society  of  such  service 
by  letter,  prepaid  and  directed  to  its  secretary  or  corresponding 
officer,  and  shall  within  two  days  after  such  service  forward  in  the 
^ame  manner  a  copy  of  the  process  served  on  him  to  such  officer. 


620 


Chapter  122. 


[1913 


Governing    body, 
where   to   meet ; 
office   to  be   in 
this  state. 


Officers  and  mem- 
bers not  person- 
allr   li.ible. 


Waiver     of     socie- 
ty's laws. 


Benefits    not    sub- 
ject to   attach- 
ment. 


Amendments   of 
laws,    etc.,    to 
insurance 
commissioner. 


Statements  of  con- 
dition, what  to 
contain. 


The  plaintiff  in  such  process  so  served  shall  pay  to  the  insurance 
commissioner  at  the  time  of  such  service  a  fee  of  three  dollars,  which 
shall  be  recovered  by  him  as  part  of  the  taxable  costs  if  he  prevails 
in  the  suit.  The  insurance  commissioner  shall  keep  a  record  of  all 
processes  served  upon  him,  which  record  shall  show  the  day  and 
hour  when  such  service  was  made.  Legal  process  shall  not  be  served 
upon  any  such  society  except  in  the  manner  and  upon  the  attorney 
provided  for  herein. 

Sect.  18.  (Place  of  Meeting — Location  of  Office. )  Any  domestic 
society  may  provide  that  the  meetings  of  its  legislative  or  governing 
body  may  be  held  in  any  state,  district,  province  or  territory  where- 
in such  society  has  subordinate  branches,  and  all  business  trans- 
acted at  such  meetings  shall  be  as  valid  in  all  respects  as  if  such 
meetings  were  held  in  this  state ;  but  its  principal  office  shall  be 
located  in  this  state. 

Sect.  19.  (No  Personal  Liability.)  Officers  and  members  of  the 
supreme,  grand  or  any  subordinate  body  of  any  such  incorporated 
society  shall  not  be  individually  liable  for  the  payment  of  any  dis- 
ability or  death  benefit  provided  for  in  the  laws  and  agreements  of 
such  society ;  but  the  same  shall  be  payable  only  out  of  the  funds  of 
such  society  and  in  the  manner  provided  by  its  laAvs. 

Sect.  20.  (Waiver  of  the  Provisions  of  the  Laws.)  The  consti- 
tution and  laws  of  the  society  may  provide  that  no  subordinate 
body,  nor  any  of  its  subordinate  officers  or  members  shall  have  the 
power  or  authority  to  waive  any  of  the  provisions  of  the  laws  and 
constitution  of  the  society,  and  the  same  shall  be  binding  on  the 
society  and  each  and  every  member  thereof  and  on  all  beneficiaries 
of  members. 

Sect.  21.  (Benefits  not  Attachable.)  No  money  or  other  benefit, 
charity  or  relief  or  aid  to  be  paid,  provided  or  rendered  by  any 
such  society  shall  be  liable  to  attachment,  trustee  or  other  process, 
or  be  seized,  taken,  appropriated  or  applied  by  any  legal  or  equit- 
able process  or  operation  of  laAv  to  pay  any  debt  or  liability  of  a 
member  or  beneficiary,  or  of  any  other  person  who  may  have  a  right 
thereunder,  either  before  or  after  payment. 

Sect.  22.  (Constitution  and  Laws — Amendment.)  Every  so- 
ciety transacting  business  under  this  act  shall  file  with  the  insurance 
commissioner  a  duly  certified  copy  of  all  amendments  of  or  addi- 
tions to  its  constitution  and  laws  within  niiiety  days  after  the 
enactment  of  the  same.  Printed  copies  of  the  constitution  and  laws 
as  amended,  changed  or  added  to.  certified  by  the  secretary  or  cor- 
responding officer  of  the  society,  shall  be  prima  facie  evidence  of 
the  legal  adoption  thereof. 

Sect.  23.  (Annual  Reports.)  Every  society  transacting  busi- 
ness in  this  state  shall  annu«llv.  on  or  before  the  first  day  of  March, 


1913]  Chapter  122.  621 

file  with  the  insurance  commissioner,  in  such  form  as  he  may  re- 
quire, a  statement  under  oath  of  its  president  and  secretary  or  cor- 
responding otificers,  of  its  condition  and  standing  on  the  thirty-first 
day  of  December  next  preceding,  and  of  its  transactions  for  the 
3'ear  ending  on  that  date,  and  also  shall  furnish  such  other  in- 
formation as  the  insurance  commissioner  may  deem  necessary  to 
a  proper  exhibit  of  its  business  and  plan  of  working.  The  insurance 
commissioner  may  at  other  times  require  any  further  statement  he 
may  deem  necessary  to  be  made  relating  to  such  society.  In  addi- 
tion to  the  annual  report  herein  recjuired,  each  society  on  the  lodge 
system  and  authorized  to  pay  benefits  in  this  state  upon  the  death 
of  its  members,  except  those  societies  which  do  not  pay  benefits  for 
death  from  natural  causes,  shall  annually  report  to  the  insurance 
commissioner  a  valuation  of  its  certificates  in  force  on  December 
31st,  last  preceding ;  excluding  those  issued  within  the  year  for 
which  the  report  is  filed,  in  cases,  where  the  contributions  for  "the 
first  year  in  whole  or  in  part  are  used  for  current  mortality  and 
expenses;  provided,  the  first  report  of  valuation  shall  be  made  as  of 
December  31st,  1913.  Such  report  of  valuation  shall  show,  as  con- 
tingent liabilities,  the  present  mid-year  value  of  the  promised  bene- 
fits provided  in  the  constitution  and  laws  of  such  society  under 
certificates  then  subject  to  valuation ;  and,  as  contingent  assets,  the 
present  midyear  value  of  the  future  net  contributions  provided  in 
the  constitution  and  laws  as  the  same  are  in  practice  actually  col- 
lected. At  the  option  of  any  society,  in  lieu  of  the  above,  the  valua- 
tion may  show  the  net  value  of  the  certificates  subject  to  valuation 
hereinbefore  provided,  and  said  net  value,  when  computed  in  case 
of  monthly  contributions,  may  be  the  mean  of  the  terminal  values 
for  the  end  of  the  preceding  and  of  the  current  insurance  years. 
Such  valuation  shall  be  certified  by  a  competent  accountant  or  ac- 
tuary, or.  at  the  request  and  expense  of  the  society,  verified  by  the 
actuary  of  the  department  of  insurance  of  the  home  state  of  the 
society,  and  shall  be  filed  with  the  insurance  commissioner  within 
ninety  days  after  the  submission  of  the  last  preceding  annual  re- 
port. The  legal  minimum  standard  of  valuation  for  all  certificates, 
except  for  disability  benefits,  shall  be  the  National  Fraternal  Con- 
gress Table  of  Mortality  as  adopted  by  the  National  Fraternal  Con- 
gress August  23,  1899,  or,  at  the  option  of  the  society,  any  higher 
table;  or,  at  its  option,  it  may  use  a  table  based  upon  the  society's 
own  experience  of  at  least  twenty  years  and  covering  not  less  than 
one  hundred  thousand  lives  with  interest  assumption  not  more  than 
four  per  centum  per  annum.  Each  sucli  valuation  report  shall  set 
forth  clearly  and  fully  the  mortality  and  interest  basis  and  the 
method  of  valuation.  Any  society  providing  for  disability  benefits 
shall  keep  the  net  contributions  for  such  benefits  in  a  fund  separate 


622  Chapter  122.  [1913 

and  apart  from  all  other  benefit  and  expense  funds  and  the  valua- 
tion of  all  other  business  of  the  society ;  provided,  that  where  a  com- 
bined contribution  table  is  used  by  a  society  for  both  death  and 
permanent  total  disability  benefits,  the  valuation  shall  be  according 
to  tables  of  reliable  experience  and  in  such  case  a  separation  of  the 
funds  shall  not  be  required.  The  valuation  herein  provided  for 
shall  not  be  considered  or  regarded  as  a  test  of  the  financial  solvency 
of  the  society,  but  each  society  shall  be  held  to  be  legally  solvent 
so  long  as  the  funds  in  its  possession  are  equal  to  or  in  excess  of 
its  matured  liabilities.  Beginning  with  the  year  1914  a  report  of 
such  valuation  and  an  explanation  of  the  facts  concerning  the 
condition  of  the  society  thereby  disclosed  shall  be  printed  and  mailed 
to  each  beneficiary  member  of  the  society  not  later  than  June  1st 
of  each  year ;  or,  in  lieu  thereof,  such  report  of  valuation  and  show- 
ing of  the  society 's  condition  as  thereby  disclosed  may  be  published 
in  the  society's  official  paper  and  the  issue  containing  the  same 
mailed  to  each  beneficiary  member  of  the  society.  The  laws  of  such 
society  shall  provide  that  if  the  stated  periodical  contributions  of 
the  members  are  insufficient  to  pay  all  matured  death  and  disability 
claims  in  full,  and  to  provide  for  the  creation  and  maintenance  of 
the  funds  required  by  its  laws,  additional,  increased  or  extra  rates 
of  contribution  shall  be  collected  from  the  members  to  meet  such 
deficiency:  and  such  laws  may  provide  that,  upon  the  written  ap- 
plication or  consent  of  the  member,  his  certificate  may  be  charged 
with  its  proportion  of  any  deficiency  disclosed  by  valuation,  with 
interest  not  exceeding  five  per  centum  per  annum. 
Provisions  to  in-  Sect.  23.  a.  (Provisious  to  Insure  Future  Security.)  If  the 
valuation  of  the  certificates,  as  hereinbefore  provided,  on  December 
31,  1917,  shall  show  that  the  present  value  of  future  net  contribu- 
tions, together  with  the  admitted  assets,  is  less  than  the  present 
value  of  the  promised  benefits  and  accrued  liabilities,  such  society 
shall  thereafter  maintain  said  financial  condition  at  each  succeed- 
ing triennial  valuation  in  respect  of  the  degree  of  deficiency  as 
shown  in  the  valuation  as  of  December  31,  1917.  If  at  any  succeed- 
ing triennial  valuation  such  society  does  not  show  at  least  the  same 
condition,  the  insurance  commissioner  shall  direct  that  it  thereafter 
comply  with  the  requirements  herein  specified.  If  the  next  suc- 
ceeding triennial  valuation  after  the  receipt  of  such  notice  shall 
show  that  the  society  has  failed  to  maintain  the  condition  required 
herein,  the  insurance  commissioner  may,  in  the  absence  of  good 
cause  shown  for  such  failure,  institute  proceedings  for  the  disso- 
lution of  such  society,  in  accordance  with  the  provision  of  section 
24  of  this  act,  or  in  the  case  of  a  foreign  society,  its  license  may  be 
cancelled  in  the  manner  provided  in  this  act.  Any  such  society, 
shown  by  any  triennial  valuation,  subsequent  to  December  31.  1917, 


sure   future 
jsecurity. 


1913]  Chapter  122.  623 

not  to  have  inaiutained  the  condition  herein  required,  shall,  within 
two  years  thereafter,  make  such  improvement  as  to  show  a  percent- 
age of  deficiency  not  greater  than  as  of  December  31,  1917,  or  there- 
after, as  to  all  new  members  admitted,  be  subject,  so  far  as  stated 
rates  of  contributions  are  concerned,  to  the  provisions  of  section  12 
of  this  act.  applicable  in  the  organization  of  new  societies;  provided 
that  the  net  mortuary  or  beneficiary  contributions  and  funds  of  such 
new  members  shall  be  kept  separate  and  apart  from  the  other  funds 
of  the  society.  If  such  required  improvement  is  not  shown  by  the 
succeeding  triennial  valuation,  then  the  said  new  members  nuiy 
be  placed  in  a  separate  class  and  their  certificates  valued  as  an  in- 
dependent society  in  respect  of  contributions  and  funds. 

Sect.  23.     b.    In  lieu  of  the  requirements  of  section  23  and  23  a,  valuation  of  oer- 

.       .,      ,  ,,  .    .  i>   .1  •  J.-  tificates    on    accu- 

any  society  accepting  in  its  laM's  the  provision  oi  this  section  may  muiation  basis, 
value  its  certificates  on  a  basis,  herein  designated  ''accumulation  ^*°- 
basis,"  by  crediting  each  member  with  the  net  amount  contributed 
for  each  year  and  with  interest  at  approximately  the  net  rate  earned 
and  by  charging  him  with  his  share  of  the  losses  for  each  year, 
herein  designated  "cost  of  insurance"  and  carrying  the  balance, 
if  any,  to  his  credit.  The  charge  for  the  cost  of  insurance  may 
be  according  to  the  actual  experience  of  the  society  applied  to  a 
table  of  mortality  recognized  by  the  law  of  this  state,  and  shall 
take  into  consideration  the  amount  at  risk  during  each  year,  Avhich 
shall  be  the  amount  payable  at  death  less  the  credit  to  the  member. 
Except  as  specifically  provided  in  its  articles  or  laws  or  contracts 
no  charge  shall  be  carried  forward  from  the  first  valuation  here- 
under against  any  member  for  any  past  share  of  losses  exceeding 
the  contributions  and  credit.  If,  after  the  first  valuation,  any  mem- 
ber's share  of  losses  for  any  year  exceeds  his  credit  including  the 
contribution  for  the  year,  the  contribution  shall  be  increased  to 
cover  his  share  of  the  losses.  Any  such  excess  share  of  losses  charge- 
able to  any  member  may  be  paid  out  of  a  fund  or  contributions  es- 
pecially created  or  required  for  such  purpose.  Any  member  may 
transfer  to  any  plan  adopted  by  the  society  with  net  rates  on  which 
tabular  reserves  are  maintained  and  on  such  transfer  shall  be  en- 
titled to  make  such  application  of  his  credit  as  provided  in  the  laws 
of  the  society.  Certificates  issued,  rerated  or  readjusted  on  a  basis 
providing  for  adequate  rates  with  adequate  reserves  to  mature  such 
certificates  upon  assumptions  for  mortality  and  interest  recognized 
by  the  law  of  this  state  shall  be  valued  on  such  Ijasis,  herein  desig- 
nated the  "tabular  basis";  provided  that  if  on  the  first  valuation 
under  this  section  a  deficiency  in  reserve  shall  be  shown  for  any 
such  certificate,  the  same  shall  be  valued  on  the  accumulation  basis. 
Whenever  in  any  society  having  members  upon  the  tabular  basis  and 
upon  the  accumulation  basis,  the  total  of  all  costs  of  insurance  pro- 


624  Chapter  ]22.  [1913 

vided  for  any  year  shall  be  insufficient  to  meet  the  actual  death  and 
disability  losses  for  the  year,  the  deficiency  shall  be  met  for  the  year 
from  the  available  funds  after  setting  aside  all  credits  in  the  re- 
serve ;  or  from  increased  contributions  or  by  an  increase  in  the 
number  of  assessments  applied  to  the  society  as  a  whole  or  to  classes 
of  members  as  may  be  specitied  in  its  laws.  Savings  from  a  lower 
amount  of  death  losses  may  be  returned  in  like  manner  as  may  be 
specified  in  its  laws.  If  the  laws  of  the  society  so  provide,  the  assets 
representing  the  reserves  of  any  separate  class  of  members  may  be 
carried  separately  for  such  class  as  if  iu  an  independent  society,  and 
the  required  reserve  accumulation  of  such  class  so  set  apart  shall 
not  thereafter  be  mingled  with  the  assets  of  other  classes  of  the 
society.  A  table  showing  the  credits  to  individual  members  for  each 
age  and  year  of  entry  and  shoAving  opposite  each  credit  the  tabular 
reserve  required  on  the  whole  life  or  other  plan  of  insurance  speci- 
fied in  the  contract,  according  to  assumptions  for  mortality  and 
interest  recognized  by  the  law  of  tliis  state  and  adopted  by  the 
society,  shall  be  filed  by  the  society  with  each  annual  report  and  also 
be  furnished  to  each  member  before  July  1st  of  each  year.  In  lieu 
of  the  aforesaid  statement  there  may  be  furnished  to  each  member 
within  the  same  time  a  statement  giving  the  credit  for  such  member 
and  giving  the  tabular  reserve  and  level  rate  required  for  a  transfer 
carrying  out  the  plan  of  insurance  specified  in  the  contract.  No 
table  or  statement  need  be  made  or  furnished  where  the  reserves  are 
maintained  on  the  tabular  basis.  For  this  purpose,  individual  book- 
keeping accounts  for  each  member  shall  not  be  required  and  all  cal- 
culations may  be  made  by  actuarial  methods.  Nothing  herein  con- 
tained shall  prevent  the  maintenance  of  such  surplus  over  and  above 
the  credits  on  the  accumulation  basis  and  the  reserves  on  the  tabu- 
lar basis  as  any  society  may  provide  by  or  pursuant  to  its  laws ; 
nor  be  construed  as  giving  to  the  individual  member  any  right  or 
claim  to  any  such  reserve  or  credit  other  than  in  manner  as  ex- 
pressed in  the  contract  and  its  laws ;  nor  as  making  any  such  reserve 
or  credits  a  liability  in  determining  the  legal  solvency  of  the  society. 
Examination  of  Sect.  24.  (Examination  of  Domestic  Societies.)  The  insurance 
pr^tedfngs'^'f or^^ '  Commissioner,  or  any  person  he  may  appoint,  shall  have  the  power 
dissolution.  ^f   visitation   and   examination   into   the   affairs   of   any   domestic 

society.  He  may  employ  assistants  for  the  purpose  of  such  examina- 
tion, and  he,  or  any  person  he  may  appoint,  shall  have  free  access  to 
all  the  books,  papers  and  documents  that  relate  to  the  business  of 
the  society  and  may  summon  and  qualify  as  witness  under  oath  and 
examine  its  officers,  agents  and  employees  or  other  persons  in  rela- 
tion to  the  affairs,  transactions  and  condition  of  the  society.  The 
expense  of  such  examination  shall  be  paid  by  the  society  examined, 
upon  statement  furnished  by  the  insurance  commissioner,  and  the 


1913]  Chapter  122.  625 

examination  shall  be  made  at  least  once  in  three  years.  Whenever 
after  examination  the  insurance  commissioner  is  satisfied  that  any 
domestic  society  has  failed  to  comply  with  any  provisions  of  this  act, 
or  is  exceeding  its  powers,  or  is  not  carrying  out  its  contracts  in 
good  faith,  or  is  transacting  business  fraudulently  ;  or  whenever  any 
domestic  society,  after  the  existence  of  two  years  or  more  from  the 
time  this  act  shall  be  in  force,  shall  have  a  membership  of  less  than 
400  (or  shall  determine  to  discontinue  business),  the  insurance  com- 
missioner may  present  the  facts  relating  thereto  to  the  attorney- 
general,  who  shall,  if  he  deem  the  circumstances  warrant,  commence 
an  action  in  quo  warranto  in  a  court  of  competent  jurisdiction,  and 
such  court' shall  thereupon  notify  the  officers  of  such  society  of  a 
hearing,  and  if  it  shall  then  appear  that  such  society  should  be 
closed,  said  society  shall  be  enjoined  from  carrying  on  any  further 
business  and  some  person  shall  be  appointed  receiver  of  such  society, 
and  shall  proceed  at  once  to  take  possession  of  the  books,  papers, 
moneys  and  other  assets  of  the  society  and  shall  forthwith,  under 
the  direction  of  the  court,  proceed  to  close  the  affairs  of  the  society 
and  to  distribute  its  funds  to  those  entitled  thereto.  No  such  pro- 
ceedings shall  be  commenced  by  the  attorney-general  against  any 
such  society  until  after  notice  has  been  duly  served  on  the  chief 
executive  officers  of  the  society  and  a  reasonable  opportunity  given 
to  it,  on  a  date  to  be  named  in  said  notice,  to  show  cause  why  such 
proceedings  should  not  be  commenced. 

Sect.  25.     (Application  for  Receiver,  etc.)     No  application  for  Application  for  re- 
injunction  against  or  proceedings  for  the  dissolution  of  or  the  ap-  made.'    ^  *^ '     ''^ 
pointment  of  a  receiver  for  any  such  domestic  society  or  branch 
thereof  shall  be  entertained  by  any  court  in  this  state  unless  the 
same  is  made  by  the  attorney-general. 

Sect.  26.     (Examination  of  Foreign  Societies.)     The  insurance  Examination   of 

11  .     .  .        foreign    societies. 

commissioner,  or  any  person  whom  he  may  appoint,  may  examine 
any  foreign  society  transacting  or  applying  for  admission  to  trans- 
act business  in  this  state.  He  may  employ  assistants  and  he.  or  any 
person  he  may  appoint  shall  have  free  access  to  all  the  books,  papers 
and  documents  that  relate  to  the  business  of  the  society,  and  may 
summon  and  qualifj^  as  witness  under  oath  and  examine  its  officers, 
agents  and  employees  and  other  persons  in  relation  to  the  affairs, 
transactions  and  conditions  of  the  society.  He  may,  in  his  discre- 
tion, accept  in  lieu  of  such  examination  the  examination  of  the  in- 
surance department  of  the  state,  territory,  district,  province  or 
country  w^here  such  society  is  organized.  The  actual  expenses  of 
examiners  making  any  such  examination  shall  be  paid  by  the  society 
upon  the  statement  furnished  by  the  insurance  commissioner.  If 
any  such  society  or  its  officers  refuse  to  submit  to  such  examination 
or  to  comply  with  the  provisions  of  the  section  relative  thereto,  the 


626 


Chapter  122. 


1913 


Publication  of  ad- 
verse reports,   et<5, 


Revocation    of 
license. 


Strndry  provisioiiB 
as   to    government 
and   conduct   of 
business. 


authority  of  such  society  to  write  new  business  in  this  state  shall 
be  suspended  or  license  refused  until  satisfactory  evidence  is  fur- 
nished the  insurance  commissioner  relating  to  the  condition  and 
affairs  of  the  society,  and  during  such  suspension  the  society  shall 
not  write  new  business  in  this  state. 

Sect.  27.  (No  Adverse  Publications.)  Pending,  during  or  after 
an  examination  or  investigation  of  any  such  society,  either  domestic 
or  foreign,  the  insurance  commissioner  shall  make  public  no  finan- 
cial statement,  report  or  finding,  nor  shall  he  permit  to  become 
public  any  financial  statement,  report  or  finding  affecting  the  status, 
standing  or  rights  of  any  such  society,  until  a  copy  thereof  shall 
have  been  served  upon  such  society,  at  its  home  office,  nor  until  such 
society  shall  have  been  afforded  a  reasonable  opportunity  to  answer 
any  such  financial  statement,  report  or  finding,  and  to  make  such 
showing  in  connection  therewith  as  it  may  desire. 

Sect.  28.  (Revocation  of  License.)  When  the  insurance  commis- 
sioner on  investigation  is  satisfied  that  any  foreign  society  transact- 
ing business  under  this  act  has  exceeded  its  powers,  or  has  failed  to 
comply  with  any  provisions  of  this  act,  or  is  conducting  business 
fraudulently,  or  is  not  carrying  out  its  contracts  in  good  faith,  he 
shall  notify  the  society  of  his  findings,  and  state  in  writing  the 
grounds  of  his  dissatisfaction,  and  after  reasonable  notice  require 
said  society,  on  a  date  named,  to  show  cause  wliy  its  license  should 
not  be  revoked.  If  on  the  date  named  in  said  notice  such  objections 
have  not  been  removed  to  the  satisfaction  of  the  said  insurance 
commissioner,  or  the  society  does  not  present  good  and  sufficient 
reasons  why  its  authority  to  transact  business  in  this  state  should 
not  at  that  time  be  revoked,  he  may  revoke  the  autliority  of  the 
society  to  continue  business  in  this  state. 

Sect.  29.  Domestic  corporations  as  described  in  section  one  of 
this  act,  governed  by  direct  vote  of  their  members,  now  doing  busi- 
ness may  continue  to  transact  business  in  this  state.  Such  corpora- 
tions and  like  societies  incorporated  under  the  provisions  of  this 
act  shall  be  governed  by  sections  four,  six.  eleven,  twelve  so  far  as 
the  same  are  applicable,  thirteen,  nineteen  and  twenty-one,  twenty- 
three,  twenty-four,  twenty-five,  twenty-seven,  thirty,  thirty-one  and 
thirty-two,  of  this  act,  and  in  addition  by  the  following  provisions : 
The  officers  of  such  corporations  shall  be  elected  by  ballot  by  the 
members  as  often  as  once  in  two  ye_ars.  Proxies  shall  not  be  used 
in  voting.  No  person  under  sixteen  years  of  age  shall  be  admitted 
to  membership.  The  recording  officer  of  such  a  corporation  shall 
file  with  the  insurance  commissioner  amendments  to  its  by-laws 
within  thirty  days  after  their  adoption.  Such  equitable  assess- 
ments, either  periodical  or  otherwise,  shall  be  made  upon  the 
members  as  shall  be  necessary  to  carry  out  the  purposes  of  the  or- 


1913]  Chapter  122.  627 

ganization.  Paid  agents  shall  not  he  employed  in  soliciting  or  pro- 
curing members,  except  in  the  organizing  or  building  up  the  organi- 
zation or  granting  members  inducements  to  procure  new  members ; 
but  any  such  corporation  hereafter  formed,  unless  it  confines  its 
membership  to  that  of  a  particular  fraternity  in  any  one  county  or 
to  a  lodge  of  some  fraternity,  shall  not  contract  to  pay  benefits  to  , 

its  members  until  it  shall  satisfy  the  insurance  commissioner  that  it 
has  received  at  least  five  hundred  bona  fide  applications  for  mem- 
bership. With  the  approval  of  the  insurance  commissioner  in  writ- 
ing, and  the  consent  of  each  corporation  expressed  by  vote  at  a 
duly  called  meeting,  any  such  corporation  may  transfer  its  member- 
ship and  funds  to  any  authorized  similar  corporation.  Nothing 
contained  in  this  act  shall  be  construed  to  affect  or  apply  to  secret 
orders  or  fraternities  operating  on  the  lodge  system  with  a  repre- 
sentative form  of  government  and  granting  insurance  benefits  as 
incidental  only  to  the  work  of  the  order  or  fraternity,  or  societies 
which  limit  their  membership  to  any  one  hazardous  occupation,  nor 
to  similar  societies  which  do  not  issue  insurance  certificates,  nor  to 
an  association  of  local  lodges  of  a  society  now  doing  business  in 
this  state  which  provides  death  benefits  not  exceeding  five  hundred 
dollars  to  any  one  person,  or  disability  benefits  not  exceeding  three 
hundred  dollars  in  any  one  year  to  any  one  person,  or  both,  nor  to 
any  contracts  of  reinsurance  business  on  such  plan  in  this  state, 
nor  to  domestic  societies  which  limit  their  membership  to  the  em- 
ployees of  a  particular  city  or  town,  designated  firm,  business  house 
or  corporation,  nor  to  domestic  lodges,  orders  or  associations  which 
do  not  provide  for  a  death  benefit  of  more  than  one  hundred  dollars, 
or  for  disability  benefits  of  more  than  one  hundred  and  fifty  dollars 
to  any  one  person  in  any  one  year.  The  insurance  commissioner 
may  require  from  any  society  such  information  as  will  enable  him 
to  determine  whether  such  society  is  exempt  from  the  provisions  of 
this  act.  Any  fraternal  benefit  society,  heretofore  organized,  and 
incorporated  and  operating  -within  the  definition  set  forth  in  sec- 
tions 1,  2  and  3  of  this  act.  providing  for  benefits  in  case  of  death 
or  disability  resulting  solely  from  accidents,  but  which  does  not 
obligate  itself  to  pay  death  or  sick  benefits,  may  be  licensed  under 
the  provisions  of  this  act.  and  shall  have  all  the  privileges  and  shall 
be  subject  to  all  the  provisions  and  regulations  of  this  act,  except 
that  the  provisions  of  this  act  requiring  medical  examinations,  valu- 
ations of  benefit  certificates,  and  that  the  certificate  shall  specify 
the  amount  of  benefits,  shall  not  apply  to  such  society. 

Sect.  30.     (Taxation.)     Every  fraternal  benefit  society  organized  Exemption   from 
or  licensed  under  this  act  is  hereby  declared  to  be  a  charitable  and 
benevolent  institution,  and  all  of  its  funds  shall  be  exempt  from 
all  and  every  state,   county,   district,   municipal  and   school  tax, 
other  than  taxes  on  real  estate  and  office  equipment. 


628  Chapter  122.  [1913 

Penalties.  Sect.  31.     (Penalties.)     Any  person,  officer,  member  or  examin- 

ing physician  of  any  society  authorized  to  do  business  under  this 
act  who  shall  knowingly  or  wilfully  make  any  false  or  fraudulent 
statement  or  representation  in  or  with  reference  to  any  application 
for  membership,  or  for  the  purpose  of  obtaining  money  from  or 
benefit  in  any  society  transacting  business  under  this  act,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars,  or  imprisonment  in  the  county  jail  for  not 
more  than  one  year,  or  both,  in  the  discretion  of  the  court ;  and  any 
person  who  shall  wilfully  make  a  false  statement  of  any  material 
fact  or  thing  in  a  sworn  statement  as  to  the  death  or  disability  of 
a  certificate  holder  in  any  such  society  for  the  purpose  of  procur- 
ing payment  of  a  benefit  named  in  the  certificate  of  such  holder, 
and  any  person  who  shall  wilfully  make  any  false  statement  in  any 
verified  report  or  declaration  under  oath  required  or  authorized  by 
this  act,  shall  be  guilty  of  perjury,  and  shall  be  proceeded  against 
and  punished  as  provided  by  the  statutes  of  this  state  in  rela- 
tion to  the  crime  of  perjury.  Any  person  who  shall  solicit  member- 
ship for,  or  in  any  manner  assist  i?i  procuring  membership  in  any 
fraternal  benefit  society  not  licensed  to  do  business  in  this  state,  or 
who  shall  solicit  membership  for,  or  in  any  manner  assist  in  pro- 
curing membership  in  any  such  society  not  authorized  as  herein 
provided,  to  do  business  as  herein  defined  in  this  state,  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two  hundred 
dollars.  Any  society,  or  any  officer,  agent  or  employee  thereof  neg- 
lecting or  refusing  to  comply  with  or  violating  any  of  the  provisions 
of  this  act,  the  penalty  for  which  neglect,  refusal  or  violation  is 
not  specified  in  this  section,  shall  be  fined  not  exceeding  two  hun- 
dred dollars  upon  conviction  thereof. 
Repealing  clause;  Sect.  32.  All  acts  and  parts  of  acts  inconsistent  with  tliis  act 
January^  1,  ^1914.  ^^'6  hereby  repealed,  and  this  act  shall  take  effect  January  1.  1914r. 

[Approved  May  7,  1913.] 


1913] 


Chapter  123. 


CHAPTER  123. 


629 


AN    ACT    MAKING   PROVISION   FOR   THE   RELIEF   OF    DESTITUTE    MOTHERS 
AND  THEIR  CHILDREN. 


Skctiox 

1.  County      commissioners      to      provide 

funds. 

2.  Amount    of    allowance. 


Section 

3.  Conditions     precedent     to     allowance. 

4.  Discontinuance    of    allowance. 

5.  Limitation    of    act. 


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

Section  1.  It  shall  be  the  duty  of  the  county  commissioners  of  County  commis- 
each  county  to  provide  out  of  the  moneys  in  the  county  treasury  funds* 
not  otherwise  appropriated  an  amount  sufficient  to  meet  the  pur- 
poses of  this  law  for  the  partial  support  of  women,  when  such 
women  are  of  good  repute  but  poor  and  dependent  on  their  own 
efforts  for  suj'jport  and  are  mothers  of  children  under  the  age  of 
sixteen  years. 

Sect.  2.  The  allowance  to  each  of  such  women  shall  not  exceed  Amount  of 
ten  dollars  ($10)  a  month  when  she  has  but  one  child  under  the 
age  of  sixteen  years,  and  if  she  has  more  than  one  child  under  the 
age  of  sixteen  years,  it  shall  not  exceed  the  sum  of  ten  dollars  ($10) 
a  month  for  the  first  child  and  five  dollars  ($5)  a  month  for  each 
of  the  other  children  under  the  age  of  sixteen  years. 

Sect.  3.  Such  allowance  shall  be  made  by  the  county  commis-  Conditions  prec- 
sioners  upon  the  recommendation  of  the  school  board  for  the  district  ance. 
in  which  such  mother  resides  and  only  upon  the  following  condi- 
tions: (1)  the  child  or  children  for  whose  benefit  the  allowance 
is  made  must  be  living  with  the  mother  of  such  child  or  children; 
(2)  the  allowance  shall  be  made  only  when  in  the  absence  of  such 
allowance  the  mother  Avould  be  required  to  work  regularly  away 
from  her  home  and  children,  and  when  by  means  of  such  allowance 
she  will  be  able  to  remain  at  home  with  her  children ;  (3)  the  mother 
must,  in  the  judgment  of  the  school  board,  be  a  proper  person,  mor- 
ally, physically  and  mentally,  for  the  bringing  up  of  her  children ; 
(4)  such  allowance  shall  in  the  judgment  of  the  school  board  be 
necessary  to  save  the  child  or  children  from  neglect;  (5)  no  person 
shall  receive  the  benefit  of  this  act  who  shall  not  have  been  a  resi- 
dent of  the  count}'  in  which  such  application  is  made  for  at  least 
two  years  next  before  the  making  of  such  application  for  such  al- 
lowance. 

Sect.  4.     Whenever  any  child  shall  reach  the  age  of  sixteen  years  Discontinuance 
an  allowance  made  to  the  mother  of  such  child  shall  cease.     The 
school  board  for  the  district  in  which  the  mother  resides  may  recom- 
mend at  any  time  before  such  child  reaches  the  age  of  sixteen  vears 


630 


Chapter  124. 


[1913 


that  the  allowance  to  any  mother  and  for  any  child  be  discontinued 
or  modified  and  the  county  commissioners,  in  their  discretion,  may 
thereupon  discontinue  or  modify  the  same. 
Limitation  of  act.  Sect.  5.  The  provisious  of  this  law  shall  not  apply  to  any 
woman  who  is  not  dependent  on  her  own  efforts  for  the  support  of 
herself  and  family  and  at  the  time  of  receiving  such  aid  is  not  of 
good  repute  and  making  an  earnest  effort  for  self  support. 

[Approved  May  7,  1913.] 


CHAPTER  124. 


AN  ACT  PROVIDING  FOR  THE  INSPECTION  OP  THE  SERVICE  EQUIPMENT  OP 
PUBLIC  UTILITIES  BY  THE  PUBLIC  SERVICE  COMMISSION. 


Section 

1.  Commission  empowered  to  establish 
stajidards,  to  make  reasonable  rules, 
and  to  provide  for  necessary  tests 
and  inspections. 


Section 

2.  Fees  for  tests  and  inspections. 

3.  Takes  effect  on  passage. 


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


Gommissiou  em-  SECTION  1.  (a)  The  public  service  commission  ma}^  ascertain,  de- 
fish  ^sundards,  ^o  termine  and  fix  for  each  kind  of  public  utility  suitable  and  conven- 
nfies,  and^to  p'ro-  ^^^^  standard  commercial  units  of  service,  product  or  commodity, 
vide  for  necessary  which  uuits  shall  be  lawf ul  units  for  the  purposes  of  this  act. 

tests    and    inspec-  .      .  .  ^        '  .  i    n  ^ 

tions.  (b)   The  commission  may  ascertani,  determine  and  fix  adequate 

and  serviceable  standards  for  the  measurement  of  quality,  pres- 
sure, initial  voltage  or  other  condition  pertaining  to  the  perform- 
ing of  its  service  or  to  the  furnishing  of  its  product  or  commodity 
by  any  public  utility,  and  prescribe  reasonable  regulations  for  ex- 
amination and  testing  of  such  service,  product  or  commodity,  and 
for  the  measurement  thereof. 

(c)  The  commission  may  ascertain,  determine  and  fix  reasonable 
rules,  regulations,  specifications  and  standards  to  secure  the  accur- 
acy of  all  meters  and  appliances  for  measurement,  and  every  public 
utility  is  required  to  carry  into  effect  all  orders  issued  by  the  com- 
mission relative  thereto. 

(d)  The  commission  may  provide  for  the  inspection  of  the  man- 
ner in  which  every  public  utility  conforms  to  the  reasonable  regu- 
lations^ prescribed  by  the  commission  for  examination  and  testing 
of  its  service,  product  or  commodity,  and  for  the  measurement 
thereof,  and  the  commission  may  supplement  such  inspections  by 


1913]  Chapter  124.  631 

examinations  and  testing  of  the  service,  product  or  coniiuodity  of 
any  public  utility,  and  by  the  measurement  thereof. 

(e)  The  commission  may  provide  for  the  inspection  of  the  manner 
in  which  every  public  utility  has  carried  into  effect  the  reasonable 
rules,  regulations,  specifications  and  standards  fixed  b}'  orders  of 
the  commission  relative  tliereto,  and  the  commission  may  examine 
and  test  any  and  all  meters  and  appliances  for  measurements  under 
such  reasonable  rules  and  regulations  as  it  may  prescribe. 

(f)  The  commission  may  provide  for  the  examination  and  test- 
ing of  any  and  all  appliances  used  for  the  measuring  of  any  service, 
product  or  commodity  of  a  public  utility.  Any  consumer  or  user 
may  have  any  such  appliance  tested  by  the  commission.  The  com- 
mission may  declare  and  establish  reasonable  fees  to  be  paid  for 
examining  and  testing  such  appliances  on  the  request  of  consumers 
or  users,  the  fee  to  be  paid  by  the  consumer  or  user  at  the  time  of 
his  request,  but,  if  the  measuring  appliance  be  found  unreasonably 
defective  or  incorrect  to  the  disadvantage  of  the  consumer  or  user, 
the  commission  shall  repay  such  fee  to  the  consumer  or  user  and 
collect  the  same  from  the  public  utility. 

(g)  The  commission  may  purchase  such  materials,  apparatus  and 
standard  measuring  instruments  for  such  examinations  and  tests 
and  for  the  calibration  and  standardization  of  the  measuring  in- 
struments used  by  any  public  utility  as  it  may  deem  necessary. 

Sect.  2.     The  commission  shall  fix  and  collect  reasonable  fees  for  Fees  for  tests  and 

•     •  jii-  J.  jj-i  •  J.  J  inspections. 

examining  and  testing  meters  and  other  measuring  apparatus  and 
appliances  and  the  product  of  any  public  utility  offered  to  the 
public  for  use  or  consumption,  and  such  fees  shall  be  paid  by  such 
public  utility  owning  the  same,  or  offering  the  same  to  the  public, 
except  in  the  cases  provided  for  in  paragraph  (f)  of  section  1.  All 
fees  so  collected  shall  be  paid  at  least  once  each  month  into  the  state 
treasury,  wdth  an  itemized  statement  of  the  same,  and  shall,  without 
further  legislative  act,  stand  appropriated  for  use  by  the  commis- 
sion for  the  payment  of  experts,  clerks  and  assistants. 

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

on  passage. 

[Approved  May  7,  1913.] 


632  CH.VPTER  125.  [1913 

CHAPTER  125. 

AN  ACT  TO  PROVIDE  FOR  THE  PROTECTION  OF  HIGHWAY  GRADE  CROSSINGS 
UPON  RAILROADS  AND  FOR  OTHER  PURPOSES. 


Section 

1.  Public  service  commission  may  order 

protection. 

2.  May    grant    railroad    right    to    clear 

land,   etc. 


Section 

3.  Record   of  petition,    eflfect  of. 

4.  Right  of  appeal. 

5.  Repealing    clause;     act    takes    effect 

on  passage. 


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

Public  service  SECTION  1.     Whenever  after  a  heaving  upon  petition  or  upon  its 

ordlTprotect^on.    owu  uiotiou  the  public  service  commission  shall  be  of  the  opinion 
that  the  public  safety  demands  that  any  highway  grade  crossing 
over  any  railroad  shall  be  protected  by  gates,  by  a  flagman,  by 
automatic  gong  or  otherwise,  or  that  the  land  adjacent  to  said  cross- 
ing shall  be  cleared  and  kept  clear  of  buildirigs,  trees,  brush  or 
other  obstructions,  it  may  make  such  order  as  in  its  opinion  the 
public  good  may  reasonably  require,  and  it  shall  be  the  duty  of  the 
railroad  corporation  affected  by  said  order  in  all  respects  to  comply 
therewith. 
May  grant  rail-         Sect.  2.     Whenever  any  railroad  corporation  shall  deem  it  neces- 
ciTar  land'  ^°        sary  for  the  public  safety,  or  to  prevent  the  kindling  and  spread  of 
fire  from  its  locomotives,  that  the  land  at  or  near  any  highway  or 
farm  crossing  at  grade,  or  upon  the  inside  of  any  curve,  be  cleared 
and  kept  clear  of  buildings,  trees,  brush  or  other  obstructions,  or 
that  a  strip  of  land  alongside  its  right  of  way  be  cleared  and  kept 
clear  of  trees,  brush  or  other  vegetation  as  a  fire  strip,  or  when- 
ever to  comply  wdth  any  order  made  under  the  first  section  of  this 
act  it  shall  be  necessary  for  any  railroad  corporation  to  remove 
buildings,  trees,  brush  or  other  obstructions  from  land  not  owned 
by  it,  any  such  railroad  corporation  may  apply  by  petition  to  the 
public  service  commission  for  permission  to  take  such  land,  or  such 
rights  and  easements  in  land  as  may  be  needed  for  such  purposes. 
Such  petition  shall  set  forth  the  title  of  the  land  involved,  a  de- 
scription of  the  land,  or  of  the  rights  and  easements,  and  the  pur- 
pose for  Avhich  required.     The  commission,  after  notice  and  hear- 
ing, shall  determine  Avhat  land,  or  what  rights  and  easements  it  is 
necessary  for  said  railroad  corporation  to  take  for  the  purpose  speci- 
fied, and  shall  make  an  order  granting  the  same  to  said  railroad 
corporation  and  fixing  the  compensation  to  be  paid  therefor.    Upon 
the  recording  of  a  certified  copy  of  said  order  in  the  registry  of 
deeds  in  the  county  where  the  land  affected  lies,  and  payment  or 
tender  of  payment  of  the  compensation  awarded,  title  to  the  land 


1913] 


Chapter  126. 


633 


or  to  the  rights  and  easements  granted  therein  shall  vest  in  said 
railroad  corporation. 

Sect.  3.  At  any  time  after  the  filing  of  a  petition  nnder  section  Record  of  petition, 
2  of  this  act,  the  petitioner  may  record  in  the  registry  of  deeds  ^ 
where  the  land  affected  lies  a  certified  copy  of  said  petition,  and 
no  sale,  lease  or  other  transfer  of  said  land  made  after  such  record 
shall  affect  the  proceedings,  nor  the  title  of  said  petitioner  to  any 
land,  rights  or  easements  which  may  be  granted  therein,  but  any 
person  acquiring  the  title  of  any  landowner  may  on  his  motion  be 
substituted  in  place  of  said  landowner  as  a  party  to  said  proceed- 
ings whenever  the  same  may  be  pending. 

Sect.  4.  Any  person  aggrieved  by  any  order  awarding  compen-  Right  of  appeal, 
sation  for  land  or  for  rights  and  easements  taken  may  appeal  from 
said  assessment  by  petition  to  the  superior  court  setting  forth  the 
order  appealed  from,  and  said  compensation  shall  be  determined  in 
the  superior  court,  by  a  jury,  if  either  party  shall  claim  a  jury 
trial.  Such  petition  shall  be  filed  in  the  superior  court  within 
fourteen  days  of  the  date  of  the  order  appealed  from,  exclusive 
of  the  day  of  the  date  of  said  order. 

Sect.  5.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are  Repealing  clause; 
hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage.       on' pl'^s^age!*^"' 


[Approved  May  7.  1913.; 


CHAPTER  126. 

AN  act  abolishing  THE  POLICE  COURT  OF  NASHUA  AS  CREATED  BY  THE 
LAWS  OF  1853.  CHAPTER  1404.  AND  SUBSEQUENT  AMENDMENTS,  AND 
ESTABLISHING  A  NEW^  POLICE  COURT  IN  NASHUA. 


Section 

1.      Police    court    abolished;    pending    ac- 
tions transferred. 
Police   court  created;    criminal   juris- 
diction. 
Original    civil    jurisdiction. 
Return    of   -warrants. 
Sessions,   when   to  be  held. 
Associate    justice. 


2. 


Section 

7.  Fees,     fines,     etc.,     accruing    to     city, 

how    paid. 

8.  How   paid    in    other   cases. 

9.  Clerk    of    court. 

10.  Quarterly   account   to   city  treasurer. 

11.  Salaries. 

12.  Pines  for   use  of  city. 

13.  Repealing   and   saving   clause. 


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


Section  1.     The  existing  police  court  of  the  city  of  Nashua  in  Police  court  aboi- 
this  state  is  hereby  abolished,  and  a  police  court  to  be  known  as  tions  saved, 
the  police  court  of  Nashua  is  hereby  established  in  place  of  said 


684 


Chapter  126. 


[1913 


Police    court    ere 
ated ;    criminal 
jurisdiction. 


Original  civil 
jurisdiction. 


Return  of 
warrants. 


Sessions,  when 
to  be  held. 


former  police  court.  All  precepts,  civil  and  criminal,  which  by 
law  are  made  returnable  to  and  which  may  be  instituted  and  be 
pending  before  said  former  police  court  when  this  act  shall  take 
effect,  shall  be  heard  and  determined  before  the  police  court  hereby 
established,  and  any  money  or  moneys  payable  by  said  former  police 
court,  or  payable  by  any  officer  thereof,  to  any  party  whatsoever, 
or  to  said  citj'  of  Nashua  or  the  county  of  Hillsborough,  shall  be 
payable  to  the  same  party,  city  or  county.  The  records  of  the 
police  court  of  Nashua  as  formerly  established  shall  be  deposited 
and  kept  with  the  records  of  tlie  police  court  hereby  established. 

Sect.  2.  There  hereby  is  established  within  the  city  of  Nashua 
a  police  court,  to  consist  of  one  learned,  able  and  discreet  person, 
to  be  appointed  and  commissioned  by  the  governor,  pursuant  to 
the  constitution  and  to  be  qualified  in  the  same  manner  as  justices 
of  the  peace ;  to  take  cognizance  of  all  crimes,  offenses  and  misde- 
meanors committed  within  the  city  of  Nashua,  whereof  justices  of 
the  peace  now  have  or  may  hereafter  have  jurisdiction. 

Sect.  3.  And  the  said  police  court  shall  also  have  original  juris- 
diction and  cognizance  of  all  suits  and  actions  which  may  now  or 
at  any  time  hereafter  be  heard,  tried  and  determined  before  any  jus- 
tice of  the  peace  in  the  county  of  Hillsborough,  and  no  writ  in  any 
suit  or  action  shall  be  made  returnable  before  any  justice  of  the  peace 
within  said  city  of  Nashua,  but  to  said  police  court  only ;  and  an 
appeal  shall  be  allowed  from  all  judgments  of  said  police  court  in 
like  manner  and  to  the  same  extent  that  appeals  are  now  allowed 
by  law  from  judgments  of  justices  of  the  peace ;  and  the  justice  of 
said  police  court  shall  not  be  of  counsel  or  attorney  to  any  party  in 
any  manner  or  thing  whatsoever  which  may  be  or  has  been  pending 
in  said  court. 

Sect.  4.  All  warrants  issued  by  said  court  or  by  any  justice  of 
the  peace  within  said  city  shall  be  made  returnable  and  shall  be 
returned  before  said  court;  and  if  any  warrant  shall  be  issued  by 
any  justice  of  the  peace  returnable  before  said  court,  the  lawful 
fees  payable  therefor  shall  not  be  paid  or  allowed  unless  on  exami- 
nation in  hearing  before  said  court  it  shall  appear  to  said  court 
that  there  was  just  and  reasonable  cause  for  issuing  said  warrant ; 
in  which  case  such  fees,  costs  and  charges  shall  be  allowed  and 
taxed  in  like  manner  as  though  said  warrant  had  been  issued  by  a 
justice  of  the  peace  according  to  the  law  now  in  force. 

Sect.  5.  A  police  court  shall  be  holden  by  said  justice  in  said 
city  of  Nashua  at  a  suitable  and  convenient  place  to  be  provided  at 
the  expense  of  said  city,  on  one  day  in  each  week,  at  nine  o'clock  in 
the  forenoon,  and  as  much  oftener  as  may  be  necessary,  to  take 
cognizance  of  crimes,  offenses  and  misdemeanors,  and  on  the  last 
Saturday  of  every  month,  at  ten  o'clock  in  the  forenoon;  and  may 


1913]  ^  Chapter  126.  635 

be  adjourned  from  day  to  day  by  the  justice  thereof,  and  at  such 
other  times  as  may  be  necessary  for  the  trial  of  civil  suits  and 
actions.  And  the  justice  of  said  court  shall,  from  time  to  time, 
establish  all  necessary  rules  for  the  orderly  and  uniform  conduct- 
ing of  the  business  thereof. 

Sect.  6.  An  associate  justice  of  said  court  shall  be  appointed  Associate  justice. 
and  qualified  in  the  same  way  and  manner  as  said  justice ;  and 
whenever  it  shall  happen  that  the  principal  justice  of  said  court 
shall  be  interested  in  any  suit  or  prosecution  cognizant  within  said 
court,  or  shall  from  any  cause  be  unable  to  attend,  hear  and  de- 
termine any  matter  or  thing  pending  therein,  the  court  shall  be 
holden  by  said  associate  justice,  and  its  jurisdiction  by  him  ex- 
ercised. Said  associate  justice  shall  account  for  and  pay  over  all 
moneys  received  by  him.  in  the  same  manner  as  is  required  of  the 
principal  justice. 

Sect.  7.  All  fees,  fines  and  forfeitures  imposed,  ordered  or  de- Fees,  fines,  etc., 
creed  by  the  police  court  of  said  city  or  accruing  or  belonging  to  how"pafd.  ^  *''  ^' 
said  city  in  any  action  or  process  heard  in  said  police  court,  shall 
be  paid  to  the  clerk  thereof  in  the  same  manner  as  they  are  now 
by  laAv  required  to  be  paid  to  the  marshal  of  said  city ;  and  the  said 
clerk  shall  pay  over  such  moneys  so  received  by  him  to  such  person 
or  persons  as  said  court  may  order,  and  at  the  end  of  each  quarter 
paj'  the  remainder  to  the  treasurer  of  said  city ;  and  the  said  clerk 
at  the  end  of  each  year  shall  make  report  of  his  receipts  and  dis- 
Ijursements  for  the  year. 

Sect.  8.     All  fees,  fines,  forfeitures  or  moneys  received  by  said  How  paid  ia 
justice  or  by  any  other  person  in  or  upon  any  such  civil  or  criminal  °  '*"'  '^^^^' 
cause  or  process,  and  the  payment  of  which  is  not  herein  otherwise 
provided  for,  shall  be  paid  by  said  justice  or  persons  receiving 
same — first  to  the  party  or  persons  entitled  thereto  by  law — and 
the  remainder  to  the  treasurer  of  said  city. 

Sect.  9.     The  police  court,  as  heretofore  constituted,  shall  be  a  cieik  of  court. 
<*ourt  of  record,  and  the  justice  thereof  shall,  from  and  after  the 
passage  of  this  act.  appoint  some  suitable  person  to  be  clerk  thereof, 
who  shall  perform  all  duties  pertaining  to  the  office  of  clerk  of  the 
court.    He  shall  hold  his  office  during  the  pleasure  of  the  justice  of  ^ 

said  court,  and  until  some  other  person  shall  be  appointed  and 
ciualified  in  his  stead.  He  shall  give  a  bond  for  the  faithful  per- 
formance of  the  duties  of  his  office,  to  the  satisfaction  of  the  board 
of  mayor  and  aldermen. 

Sect.  10.     The  justice  and  clerk  of  said  court  shall,  once  in  three  Quarterly  account 
months,  render  to  the  city  treasurer  an  account,  under  oath,  of  all  *°  "*^  treasurer, 
fees  and  costs  by  them  received  or  receivable,  and  shall,  at  the  time 
aforesaid,  pay  over  to  said  treasurer  all  such  fees  and  costs. 

Sect.  11.     The  salary  of  the  justice  of  the  police  court  of  said  Salaries. 

12 


636 


Chapteri  127. 


[1913 


city  shall  be  one  thousand  dollars  per  annum ;  the  salary  of  the  asso- 
ciate police  justice  of  said  city  shall  be  three  hundred  dollars  per 
annum,  and  the  salary  of  the  clerk  of  said  court  shall  be  six  hundred 
dollars  per  annum,  which  salaries  shall  be  paid  in  quarterly  pay- 
ments out  of  the  city  treasury ;  and  the  salaries  so  received  shall  be 
in  full  for  all  services  of  every  kind  rendered  by  them  in  the  dis- 
cliarge  of  all  the  duties  pertaining  to  their  oiftce.  During  such 
time  as  there  may  be  a  vacancy  in  the  position  of  justice  of  the 
police  court  of  the  city  of  Nashua,  and  while  the  associate  justice 
shall  discharge  and  perform  the  duties  of  said  position,  said  city 
shall  pay  to  said  associate  the  salary  of  said  justice  as  now  fixed 
by  law,  in  lieu  of  the  salary  as  associate  justice  as  now  provided 
for. 
for  use  of  Sect.  12.  All  fiues  and  forfeitures  imposed  by  said  police  court 
shall  be  for  the  use  of  the  said  city  of  Nashua. 

Sect.  13.  All  acts  and  parts  of  acts  inconsistent  herewith  and 
for  which  this  is  intended  as  a  substitute  are  hereby  repealed,  and 
all  other  acts  relating  to  the  police  court  of  Nashua  as  formerly 
established,  are  continued  in  force  and  shall  apply  to  the  police 
court  herebv  established. 


Fines 
city. 

Repealing    and 
saving  clause. 


[Approved  May  7.  1913. 


CHAPTER  127. 

AN  ACT   CONCERNING  INSURANCE  COMPANIES  AND  THEIR  AGENTS,  PRO- 
HIBITING REBATING,  MISREPRESENTATION,  AND  TWISTING. 


Section 

1.  Rebating   prohibited. 

2.  Certaan  misrepresentations  prohibited. 

3.  Incriminating    testimony. 


Section 

4.      Penalties    for    violations. 
.5.      Repealing   clause. 


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


Rebating   pro- 
hibited. 


Section  1.  Rebating  Prohibited.  No  insurance  company,  associ- 
ation or  society,  by  itself  or  any  other  party,  and  no  insurance 
agent,  solicitor  or  broker  personally,  or  by  any  other  party,  shall 
offer,  promise,  allow,  give,  set  off  or  pay.  directly  or  indirectly,  as 
inducement  to  insurance,  on  any  risk  in  this  state  now  or  here- 
after to  be  written,  any  rebate  of  or  part  of  the  premium  payable 
on  the  policy  or  on  any  policy  or  of  the  agent's  commission  thereon  : 
nor  shall  any  such  company,  association  or  society,  agent, 
collector,    or    broker,    personally    or    otherwise,     offer,     promise. 


1913]  Chapter  127.  637 

allow,  give,  set  off  or  pay.  directl}^  or  indirectly,  as  iu- 
dueement  to  such  insurance,  any  earnings,  profits,  dividends  or 
other  benefit,  founded,  arising,  accruing  or  to  accrue  on  such  in- 
surance or  therefrom,  or  any  other  valuable  consideration,  which  is 
not  specified,  promised  or  provided  for  in  the  policy  contract  of  in- 
surance ;  nor  shall  any  such  company,  association  or  society,  agent, 
collector  or  broker,  personally  or  otherwise,  offer,  promise,  give, 
sell  or  purchase,  as  inducement  to  insurance  or  in  connection  there- 
with, am^  stocks,  bonds,  securities  or  property,  nor  except  as  prom- 
ised or  provided  for  in  the  policy  contract,  offer,  promise  or  give 
any  other  thing  of  value  whatsoever,  as  an  inducement  to  insurance. 
No  insured  person  or  party  shall  receive  or  accept,  directly  or  indi- 
rectly, any  rebate  of  premimn  or  part  thereof,  or  agent's,  solici- 
tor's, or  broker's  commission  thereon,  payable  on  the  policy,  or  on 
any  policy  of  insurance,  or  any  favor  or  advantage  in  the  dividend 
or  other  benefit  to  accrue  thereon,  or  any  valuable  consideration  or 
inducement,  not  promised  or  provided  for  in  the  policy  contract  of 
insurance.  This  section  shall  not  be  construed  so  as  to  prevent  any 
company  from  paying  to  another  insurance  company  or  to  any  per- 
son who  is  a  duly  authorized  agent  or  broker,  or  to  prevent  an  in- 
surance company  or  such  a  person  from  receiving  a  commission  in 
respect  to  any  policy  under  which  it  itself  or  he  himself  is  insured. 
Nothing  in  this  section  shall  be  so  construed  as  to  prohibit  any  com- 
pany issuing  non-participating  life  insurance  from  paying  bonuses 
to  policyholders  or  otherwise  abating  their  premiums  in  whole  or  in 
part  out  of  surplus  accumulated  from  non-participating  insurance ; 
nor  to  prohibit  any  company  transacting  industrial  insurance  on 
the  weekly  payment  plan  from  returning  to  policy-holders  who 
have  made  premium  payments  for  a  period  of  at  least  one  year 
directly  to  the  company  at  its  home  or  district  offices,  a  percentage 
of  the  premium  which  the  company  would  have  paid  for  the  weekly 
collection  of  such  premiums :  nor  to  prohibit  any  life  insurance  com- 
pany doing  business  in  this  state  from  issuing  policies  of  life  or 
endowment  insurance  with  or  without  annuities  at  rates  less  than 
the  usual  rates  of  premiums  for  such  policies  insuring  members  of 
organizations  or  employees  of  any  employer  who  through  their 
secretary  or  employer  may  take  out  insurance  in  an  aggregate  of 
not  less  than  fifty  members  and  pay  their  premiums  through  such 
secretary  or  employer. 

Sect.  2.     Misrepresentation  and  Twisting.     No  insurance  com-  Certain   misrepre- 
panj",  association  or  society,  or  any  officer,  director,  agent,  broker  h1bi\ed°°*  ^"^^ 
or  solicitor  thereof  shall  issue,  circulate  or  use  or  cause  or  permit 
to  be  issued,  circulated  or  used,  any  statement,  estimate,  illustra- 
tion, or  circular  misrepresenting  the  terms  of  any  policy  issued  or 
to  be  issued  by  such  company,  or  the  benefits  or  privileges  promised 


638 


Chapter  127, 


[1913 


Incriminating 
testimoiir. 


under  any  such  policy,  or  the  future  dividends  payable  under  any 
such  policy.  No  insurance  company,  association  or  society,  officer, 
director,  agent,  solicitor  or  broker,  or  any  person,  firm,  association 
or  corporation  shall  make  any  misrepresentation,  oral,  written  or 
otherwise,  to  any  person  insured  in  any  company  for  the  purpose 
of  inducing  or  tending  to  induce  such  person  to  take  out  a  policy 
of  insurance,  or  for  the  purpose  of  inducing  or  tending  to  induce 
a  policyholder  in  any  company  to  lapse,  forfeit  or  surrender  his 
insurance  therein,  and  to  take  out  a  policy  of  insurance  in  another 
like  company. 

Sect.  3.  Testimony.  No  person  shall  be  excused  from  testify- 
ing or  from  producing  any  books,  papers,  contracts,  agreements  or 
documents  at  the  trial  or  hearing  of  any  person  or  company,  associ- 
ation or  society  charged  with  violating  any  provisions  of  sections  1 
and  2  of  this  act,  on  the  ground  that  such  testimony  or  evidence 
may  tend  to  incriminate  himself,  but  no  person  shall  be  pros- 
ecuted for  any  act  concerning  which  he  shall  be  compelled  so  to 
testify  or  produce  evidence,  documentary  or  otherwise,  except  for 
perjury  committed  in  so  testifying. 

Sect.  i.  Any  insurance  company,  association  or  society,  agent, 
solicitor  or  broker,  or  any  person,  firm,  association  or  corporation, 
violating  the  provisions  of  this  act  shall  upon  conviction  be  sen- 
tenced to  pay  a  fine  of  not  more  than  $100  for  each  and  every  viola- 
tion, or  in  the  discretion  of  the  court,  to  an  imprisonment  for  a 
period  of  not  more  than  six  months.  Tlie  insurance  commissioner 
shall  have  authority,  in  his  discretion,  to  revoke  or  suspend  a  license 
theretofore  issued  to  any  company,  association  or  society,  agent,  or 
broker,  for  a  period  not  exceeding  three  years,  on  its  being  proven 
to  him  after  a  hearing  that  such  company,  association  or  society, 
agent  or  broker,  has  knowingly  or  wilfully  violated  any  of  the  pro- 
visions of  this  act. 
Repealing  clause.  Sect.  5.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed.  ^ 


Penalties. 


[Approved  May  7,  1913. 


1913] 


Chapter  128. 
CHAPTER  128. 


639 


AX  ACT  TO  REGULATE  THE  TRANSPORTATION  OP  DYNAMITE,  GUNPOWDER 
AND   OTHER   EXPLOSIVES. 


Section' 

1.  Dynamite,   etc.,   not  to  be  carried  on 

passengei'    vessel    or    vehicle;     ex- 
ceptions. 

2.  Public    service    commission    to    make 

regulations. 

3.  Transportation    of   liriuid   nitrosrlyeer- 

ine,   etc. 


Skction 

4.  Packages    for    shipment,    how    to    be 

marked;    penalty. 

5.  Death    or    bodily    injury    caused    by 

violation,  penalty. 
G.      Repealing    clause;     act     takes     effect 
June    1,    1913. 


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

Section  1.     It  shall  be  unlawful  to  transport,  carr}-,  or  convey.  Dynamite,  etc., 

J,  T  •j.i'ij.i  ii  1  -xi-ii  1  not    to    be    carried 

ironi  one  place  m  this  state  to  another  place  m  this  state,  any  dyna-  „„  passenger  ves- 

mite,  gunpowder,  or  other  explosive  on  any  vessel  or  vehicle  of  any  ^.'^eeptions"*^'^' 

description  operated  by  a  common  carrier,  which  vessel  or  vehicle 

is  carrying  passengers  for  hire :  Provided,  that  it  shall  be  lawful 

to  transport  on  any  such  vessel  or  vehicle  small  arms  ammunition  in 

any  quantity,  and  such  fuses,  torpedoes,  rockets,  or  other  signal 

devices,  as  may  be  essential  to  promote  safety  in  operation ;  and 

properly  packed  and  marked  samples  of  explosives  for  laboratory 

examination,  not  exceeding  a  net  weight  of  one-half  pound  each, 

and  not  exceeding  twenty  samples  at  one  time  in  a  single  vessel  or 

vehicle ;  but  such  samples  shall  not  be  carried  in  that  part  of  a 

vessel  or  vehicle  which  is  intended  for  transportation  of  passengers 

for  hire:     Provided  further,  that  nothing  in  this  section  shall  be 

construed  to  prevent  the  transportation  of  military  or  naval  forces 

with  their  accompanying  munitions  of  war  on  passenger  equipment 

vessels  or  vehicles. 

Sect.  2.  The  public  service  commission  shall  formulate  regula-  Public  service 
tions  for  the  safe  transportation  of  explosives,  which  shall  be  bind-  !,'iakT'\^eguia°ions. 
ing  upon  all  common  carriers  engaged  in  intrastate  commerce  which 
transport  explosives  by  land.  Said  commission,  of  its  own  motion, 
or  upon  application  made  by  any  interested  party,  may  make 
changes  or  modifications  in  such  regulations,  made  desirable  by  new 
information  or  altered  conditions.  Such  regulations  shall  be  in 
accord  with  the  best  known  practicable  means  for  securing  safety 
in  transit,  covering  the  packing,  marking,  loading,  handling  while 
in  transit,  and  the  precautions  necessary  to  determine  whether  the 
material  when  offered  is  in  proper  condition  to  transport.  Such  regu- 
lations, as  well  as  all  changes  or  modifications  thereof,  shall  take  effect 
ninety  days  after  their  formulation  and  publication  by  said  com- 
mission and  shall  be  in  effect  until  reversed,  set  aside,  or  modified. 


640  Chapter;  129.  [1913 

Transportation  of      Sect.  3.     It  shall  be  unlawful  to  transport,  carry,  or  convey,  from 
in'i"'tfc"'*™°  ^*^*^'  one  place  in  this  state  to  another  place  in  this  state,  liquid  nitro- 
glycerine, fulminate  in  bulk  in  dry  condition,  or  other  like  explosive, 
on  any  vessel  or  vehicle  of  any  description  operated  by  a  common 
carrier  in  the  transportation  of  passengers  or  articles  of  commerce 
by  land  or  water. 
Packages  for  ship-      Sect.  4.     Evcry  package  containing  explosives  or  other  danger- 
luyrked : "penalty- ^  ous  articles  wlicu  presented  to  a  common  carrier  for  shipment  shall 
have  plainly  marked  on  the  outside  thereof  the  contents  thereof; 
and  it  shall  be  unlawful  for  any  person  to  deliver,  or  cause  to  be 
delivered,  to  any  common  carrier  any  explosive,  or  other  dangerous 
article,  under  any  false  or  deceptive  marking,  description,  invoice, 
shipping  order,  or  other  declaration,  or  without  informing  the  agent 
of  such  carrier  of  the  true  character  thereof,  at  or  before  the  time 
such  delivery  or  carriage  is  made.     Whoever  shall  knowingly  vio- 
late, or  cause  to  be  violated,  any  provision  of  this  act,  or  any  regu- 
lation made  by  the  public  service  commission  in  pursuance  thereof, 
shall  be  fined  not  more  than  two  thousand  dollars,  or  imprisoned  not 
more  than  eighteen  months  or  both. 
Death  or  bodily         Sect.   5.     When  the  death   or  bodily   injury   of  any   person   is 
vbiat'Ion,%^enaity.  causcd  by  the  cxplosiou  of  any  article  named  in  this  act,  while  the 
same  is  being  placed  upon  any  vessel  or  vehicle  to  be  transported 
in  violation  hereof,  or  while  the  same  is  being  so  transported,  or 
while  the  same  is  being  removed  from  such  vessel  or  veliicle,  the 
person  knowingly  placing,  or  aiding  or  permitting  the  placing,  of 
such  articles  upon  any  such  vessel  or  vehicle,  to  be  so  transported, 
shall  be  imprisoned  not  more  than  ten  years. 
Repealing  clause:      Sect.  6.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are 
junet.'Mfl."'     hereby  repealed,  and  this  act  shall  take  effect  on  the  first  day  of 
June,  1913. 

[Approved  May  8,  1913.] 


CHAPTER  129. 

AN  ACT  IN  AMENDMENT  OF  SECTION   14,   CHAPTER  95,  OF  THE  SESSION- 
LAWS  OF  1903,  RELATING  TO  REVOCATION  OF  LICENSES. 

Section    1.      Liquor    license   may  l)e    suspended    for    first    violation. 

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

Liquor  license  SECTION  1.     Amend  sectiou  14  of  chapter  95  of  the  session  Laws 

Tar'irs't  "Stiou'  of  1903,  by  inserting  after  the  word  ' ' board ' '  in  the  third  line  there- 


1913]  CHAPTER!  130.  641 

of,  tlie  following :  or  said  board  may  suspend  said  license  for  the 
first  violation  in  their  discretion  for  such  period  of  time  as  they 
may  deem  proper,  and  by  inserting  after  the  word  "cancelled"  in 
the  eighth  line  thereof,  the  following:  or  suspended,  and  further 
amend  by  striking  out  after  the  word  "writing"  in  the  ninth  line 
of  said  section  the  words  '  *  except  licenses  of  the  first  class  may  be 
revoked  at  any  time,  by  said  board,  with  or  without  notice,  in  their 
discretion,"  and  by  adding  at  the  end  of  such  section  the  following: 
No  action  shall  be  taken  on  the  bond  filed  in  connection  Math  any 
license,  by  reason  of  any  order  of  said  board  suspending  said  license 
under  the  provisions  of  this  section,  so  that  said  section  as  amended 
shall  read  as  follows :  Sect.  14.  At  any  time  after  a  license  has 
been  issued  to  any  person,  the  same  may  be  revoked  and  cancelled 
by  said  board,  or  said  board  may  suspend  said  license  for  the  first 
violation  in  their  discretion  for  such  period  of  time  as  they  may 
deem  proper,  if  any  material  statement  in  the  application  of  the 
holder  of  the  same  was  false,  or  if  any  provision  of  this  act  is 
violated  at  the  place  designated  in  the  license  by  the  holder  of  the 
same,  or  by  his  agents,  servants,  or  any  person  whomsoever  in 
charge  of  said  premises,  provided  that  the  testimony  makes  it  mani- 
fest that  the  violation  w^as  unintentional  and  accidental.  But  be- 
fore any  license  is  revoked  or  cancelled  or  suspended,  the  holder 
shall  be  entitled  to  a  hearing  by  said  board,  and  to  five  days'  pre- 
vious notice  thereof  in  writing.  No  action  shall  be  taken  on  the 
bond  filed  in  connection  with  any  license,  by  reason  of  any  order  of 
said  board  suspending  said  license  under  the  provisions  of  this 
section. 

[Approved  May  8,  1913.] 


CHAPTER  130. 

AN  ACT  IN  RELATION  TO  THE  APPOINTMENT  OP  COUNTY  AUDITORS,  AND 
FILLING  OP  VACANCIES  IN  COUNTY  OFFICES. 


Section' 

1.  Superior   court   to    appoint. 

2.  To  fill  vacancies  in  county  offices. 


Section 

3.      Repealing  clause;  act  takes  effect  oa 
passage. 


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

Section  1.     The  duties  imposed  bv  chapter  87  of  the  Laws  of  Superior  court  to 

.         "  .  appoint. 

1897  upon  the  supreme  court,  with  reference  to  county  auditors, 
shall  hereafter  be  performed  by  the  superior  court  acting  as  a  body. 


642 


Chapter  131. 


[1913 


To  fiu  Tacancies       Sect.  2.     In  case  of  any  vacancy  in  any  county  office,  the  supe- 
in  county  o  ces.    ^^^^^  court  as  a  bocly,  shall  select  and  appoint  a  commissioner  to 
perform  the  duties  of  the  office,  who  shall  be  subject  to  the  re- 
quirements and  liabilities,  and  entitled  to  the  privileges  and  emol- 
uments, of  such  office  during  the  vacancy. 
Repealing  clause;      Sect.  3.     Scctiou  8  of  chapter  25  of  the  Public  Statutes  is  hereby 
on  pasE^age.  ^'^       repealed,  and  this  act  shall  take  effect  on  its  passage. 

[Approved  May  13,  1913.] 


CHAPTER  131. 


AN  ACT  TO  REGULATE  THE  PRINTING  OF  DEPARTMENTAL  AND   INSTITU 
TIONAL   STATE   REPORTS. 


Section 

1.      Governor   and   council  to  be   censors. 


Section 

2.      Takes   effect   on   passage. 


Censorship   es- 
tablished. 


Taies  effect 
on   passage. 


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

Section  1.  All  departmental  and  institutional  reports  of  the 
state  shall  be  submitted  to  the  governor  and  council  before  tliey 
are  printed,  and  only  such  parts  thereof  shall  be  printed  as  the 
governor  and  council  indicate,  and  they  are  further  empowered  to 
order  any  two  or  more  reports  dealing  with  related  subjects  to  be 
bound  together.  No  departmental  or  institutional  report  shall  con- 
tain statements  in  detail  of  expenses  or  receipts,  but  the  same  shall 
be  stated  only  by  properly  classified  totals ;  provided,  Jiowever,  that 
all  detailed  statements  of  such  expenses  shall  be  stated  in  the  re- 
port of  the  state  auditor;  and  all  detailed  statements  of  receipts 
shall  be  stated  in  the  report  of  the  state  treasurer ;  and  these  two 
reports  shall  be  bound  together. 

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

[Approved  May  13,  1913.] 


1913]  Chapters  132,  133.  643 

CHAPTER  132. 

AN  ACT  IN   AMENDMENT  OF   CHAPTER  84.   LAWS  OF   1901,   RELATING  TO 

PUBLIC    PRINTING. 

Section  i    Section 

1.  Printing     commission     provided     for.     I         3.      Repealing  clause;   act  takes  effect  on 

2.  Contracts   with   non-residents.  passage. 

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

Section  1.  Chapter  84,  Laws  of  1901,  entitled,  "Aii  Act  in  Re-  Printing  commis- 
lation  to  the  Public  Printing,"  is  hereby  amended  by  striking  out 
section  one  of  said  chapter,  and  inserting  in  place  thereof,  the  fol- 
lowing section:  Section  1.  The  governor,  with  the  advice  of  the 
council,  shall  biennially  designate  five  state  officers  who  shall  con- 
stitute a  board  to  be  known  as  the  public  printing  commission.  No 
state  printing  shall  be  awarded  to  any  printing  establishment  in 
which  any  member  of  said  commission  shall  be  pecuniarily  inter- 
ested. 

Sect.  2.  Said  chapter  is  further  amended  by  changing  the  num-  Contracts  with 
bers  of  sections  five,  six  and  seven,  so  as  to  read  six,  seven  and  eight :  "'^"■^'^®' 
and  by  inserting  the  following  section  to  be  known  as  section  five : 
Sect.  5.  Whenever  upon  any  portion  of  the  public  printing,  the 
public  printing  commission  is  unable  to  secure  competitive  bids 
from  parties  within  the  state,  said  commission  may  upon  such  por- 
tion invite  competitive  bids  from,  and  contract  with,  parties  out- 
side the  state. 

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

[Approved  May  13.  1913.] 


CHAPTER  133. 


AN  ACT  TO  AMEND  AN  AMENDMENT  TO  AN  ACT,  CHAPTER  145,  SESSION 
LAWS  OF  1909,  ENTITLED  "  AN  ACT  TO  AMEND  CHAPTER  78,  SESSION 
LAWS  OF  1903.  ENTITLED  '  AN  ACT  FOR  THE  PROMOTION  OF  AGRI- 
CULTURE.' [horticulture]" 

Section  1.  Annual  appropriation  of  $1,000  for  Xew  Hampshire   Horticultural   Society. 

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

Section  1.     That  section  1  of  chapter  145,  session  Laws  of  1909.  Annual  appropria- 
be  amended  by  striking  out  $500,  and  inserting  $1,000,  so  that ''°''  °^  ^^'°"°- 


644 


Chapters  134,  135. 


[1913 


the  section  shall  read,  [Section  1.]  The  sum  of  $1,000  is  hereby 
annually  appropriated  for  the  use  of  the  New  Hampshire  Horti- 
cultural Society,  to  be  expended  under  the  direction  of  the  state 
board  of  agriculture  in  promoting  the  horticultural  interests  of  the 
state  for  the  years  ending  August  31.  1914.  and  August  31,  1915. 

[Approved  May  13,  1913.] 


CHAPTER  134. 


AN   ACT   TO   FIX   THE   SALARY   OP    THE   SHERIFF   OF    SULLIVAN    COUNTY. 


SECTION' 

1.      Annnal     sal.ivy     of     $300;     repealing 
clause. 


Section 

2.      Takes  effect  on  passage. 


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

Annual  salary  of      SECTION  1.     The  Salary  of  the  sheriff  of  Sullivan  county  shall 
•lause.  ^     hereafter  be  three  hundred  dollars  per  annum  payable  as  now  pro- 

vided by  law,  and  all  acts  and  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed. 

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


Takes   effect 
on   passage. 


[Approved  May  13,  1913.] 


CHAPTER  135. 

AN  ACT  RELATIVE  TO  THE  SALARY  OF  THE  TREASURER  OF  ROCKINGHAM 

COUNTY. 


Shctiox 

1.      Annual   salary  of  $500. 


Section' 

2.      Repealing    clause;     act    takes    effect 
on  passage. 


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


^I'll^^  ^^'^'■''  Section    1.     That   the   annual   salarv   of  the   treasurer   of  the 

county  of  Rockingham  shall  hereafter  be  five  hundred  dollars  pay- 
able as  now  provided  by  law. 

Repealing  clause:      g^CT.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act 

act   takes   effect  ^, 

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

[Approved  May  13,  1913.] 


1913]  Chapter  i;j6.  645 

CHAPTER  136. 

AN  ACT  IN  AMENDMENT  OF  AN  ACT  PASSED  AT  THE  PRESENT  SESSION 
OP  THE  GENERAL  COURT,  ENTITLED  ''AN  ACT,  IN  AMENDMENT  OF 
SECTION  20  OF  CHAPTER  27  OP  THE  PUBLIC  STATUTES,  AS  AMENDED 
BY  CHAPTER  112  OF  LAWS  OP  1903,  CHAPTER  22,  LAWS  OF  1907, 
AND  CHAPTER  83,  LAWS  OF  1909,  RELATING  TO  COUNTY  COMMIS- 
SIONERS. ' ' 


Section 

1.      Salaries  and  expenses  of  county  com- 
missioners. 


Section 

2.      Takes   effect   on   passage. 


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

Section  1.  That  section  1  of  au  act  passed  at  the  present  ses-  Salaries  and  ex- 
sion  of  the  General  Court,  entitled  "An  Act  in  Amendment  of  Sec-  commissioners. 
tion  20  of  Chapter  27  of  the  Public  Statutes,  as  amended  by  Chap- 
ter 112  of  Laws  of  1903,  Chapter  22,  Laws  of  1907,  and  Chapter  83, 
Laws  of  1909,  relating  to  County  Commissioners,"  [chapter  2, 
Laws  of  1913,]  be  and  the  same  hereby  is  amended  by  striking  out 
the  words  ''eight  hundred"  in  the  last  paragraph  [sentence]  of 
said  section  and  inserting  in  place  thereof  the  words  one  thousand, 
so  that  said  section  1  as  amended  shall  read  as  follows :  Section 
1.  That  section  20  of  chapter  27  of  the  Public  Statutes,  as  amended 
by  chapter  112  of  the  Laws  of  1903,  chapter  22  of  the  Laws  of  1907 
and  chapter  83  of  the  Laws  of  1909,  be  and  the  same  hereby  is 
amended  by  striking  out  the  whole  thereof  and  inserting  in  place 
thereof  the  following :  Sect.  20.  Each  county  commissioner,  ex- 
cept the  commissioners  of  Hillsborough,  Cheshire  and  Merrimack 
counties,  shall  be  paid  by  the  county  treasurer  for  his  services, 
when  employed  in  business  of  the  county  and  in  inspecting  the 
taxable  property  of  towns,  as  provided  in  the  preceding  section, 
three  dollars  a  day,  and  a  reasonable  sum  for  all  necessary  ex- 
penses, upon  order  of  the  superior  court,  his  accounts  having  been 
first  audited  by  the  court.  Each  commissioner  of  Hillsborough 
county  shall  be  so  paid  the  sum  of  fifteen  hundred  dollars  per 
year,  each  commissioner  of  Cheshire  county  the  sum  of  five  hundred 
dollars  per  year,  and  each  commissioner  of  Merrimack  county  the 
sum  of  one  thousand  dollars  per  year,  payable  in  equal  quarterly 
installments,  and  a  reasonable  sum  for  all  necessary  expenses,  upon 
order  of  the  superior  court,  his  accounts  having  first  been  audited 
by  the  court.  The  commissioners  of  Hillsborough  county  may  ex- 
pend not  exceeding  one  thousand  dollars  per  year  for  such  clerical. 


646  Chapter  137.  [1913 

actuarial  or  stenographic   assistance  as  may  be  necessary  at   the 
otRces  of  the  connuission  in  Manchester  and  Nashua. 
Sect.  2.     This  act  shall  take  eit'ect  upon  its  passage. 


Takes   effect 
on   passage. 


[Approved  May  18,  1913.] 


CHAPTER  137. 


AN  ACT  TO  PROVIDE  FOR  COPYING  AND  INDEXING  THE  ANCIENT  RECORDS 
OF   TOWNS,  PARISHES  AND  OTHER  DIVISIONS  OF  THE  STATE. 

Section  i    section 

1.  Records,  etc.,   in  custody  of  towns.  3.      Certified   copies  as   evidence. 

2.  Documents   in   private  custody.  |         4.      Takes  effect  June   1,    1913. 

Be  it   enacted   hy   the   Soiate   and   House    of  Representeitives    in 
General  Court  conveneel: 

Sodt''o/*towns''  Section  1.  The  secretary  of  state  is  authorized  and  directed  to 
require  town  clerks  or  other  town  ofificials  having  the  custody  of 
town  or  i3arish  records,  plans,  documents  or  public  papers,  prior  to 
the  year  1825,  to  deposit  the  same  in  his  office  in  the  state  house  at 
Concord,  for  the  purpose  of  being  copied  and  indexed.  Such  rec- 
ords shall  be  known  as  Ancient  Records  of  Towns.  Parishes  and 
other  Divisions  of  the  State  of  New  Hampshire.  The  expense  of 
transportation  thereof  to  and  from  the  secretaiy's  office,  and  the 
expense  of  copying  and  indexing  the  same  shall  be  borne  by  the 
state,  and  paid  upon  the  warrant  of  the  governor,  from  any  moneys 
in  the  treasury  not  otherwise  appropriated.  After  the  same  have 
been  copied,  they  shall  be  returned  to  tlie  officials  of  the  towns  from 
which  they  were  received. 

Documents  in  pri-  Sect.  2.  Ally  pcrsoii  liaviug  all  uiirecorded  document  pertain- 
ing to  the  affairs  of  public  importance  of  any  town,  parish  or  divi- 
sion of  the  state,  prior  to  the  year  1825,  may  submit  the  same  to 
the  secretary  of  state,  with  his  affidavit  of  the  source  from  which 
it  w^as  received,  and  if  it  be  found  to  come  within  such  classification, 
the  secretary  of  state  may  cause  the  same  to  be  recorded  and  in- 
dexed with  the  Ancient  Records  of  Towns,  Parishes  and  other  Divi- 
sions of  the  State  of  New  Hampshire,  pertaining  to  such  subdivi- 
sion of  the  state,  and  shall  record  said  affidavit  therewith,  and  file 
the  original  affidavit  in  his  office. 

Use  of  copies  as  Sect.  3.  Copics  of  sucli  Tccords,  duly  attested  and  certified  by 
the  secretary  of  state  over  the  state's  seal,  shall  be  as  competent 


vate  custody. 


evidence. 


1913]  Chapter  138.  647 

evidence  in  auy  court  within  this  state,  as  the  original  record  would 
be  if  produced  by  the  legal  custodian  thereof. 

Sect.  4.     This  act  shall  take  effect  June  first,  A.  D.  1913.  Takes  effect 

'  June   1,    1913. 

[Approved  May  13,  1913.] 


CHAPTER  138. 


AN  ACT  IN  AMENDMENT  OF  SECTION  1  OF  AN  ACT  OF  THE  SESSION  LAWS 
OF  1913.  APPROVED  APRIL  8.  1913,  ENTITLED  ''AN  ACT  TO  AMEND 
SECTION  1  OF  CHAPTER  11  OF  THE  LAWS  OF  1911,  RELATING  TO  FISH 
AND  GAME. ' ' 

Section  |    Sectiox 

1.      Omission    in    earlier    act    supplied.  '         2.      Takes  effect  on  passage. 

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

Section  1.  Section  1  of  said  act  [chapter  61,  Laws  of  1913.]  is  Omission  supplied, 
hereby  amended  by  adding  after  the  word  "  muskellonge ' "  in  the 
second  line  thereof  the  word  pickerel,  so  that  said  section  as 
amended  shall  read  as  follows:  Section  1.  [Section  one  of  chap- 
ter eleven  of  the  Laws  of  1911  is  hereby  amended  by  inserting  after 
the  words  "Lake  Spofford  or  Chesterfield"  the  words  and  the  Con- 
necticut river  in  Cheshire  county  so  that  said  section  shall  read  : 
Section  1.  That  section  59  of  said  chapter  79  be  amended  by  in- 
serting the  word  Massabesic  between  the  word  "Winnipesaukee" 
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 
this  state  between  the  fifteenth  day  of  January  in  any  year  and 
the  first  day  of  June  next  following  except  that  pickerel  may  be 
taken  in  January,  February  and  ]\Iarch  from  the  waters  of  Lakes 
"Winnipesaukee,  Massabesic,  Winnisquam,  Asquam  and  Went  worth. 
and  that  muskellonge  and  pike  may  be  taken  in  January,  February 
and  March  from  the  waters  of  Lake  Spofford,  or  Chesterfield  and 
the  Connecticut  river  in  Cheshire  county,  he  shall  be  fined  ten 
dollars  for  each  offense. 

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

passage. 

[Approved  May  13,  1913.] 


648  Chapter  139.  [1913 

CHAPTER  139. 

AN  ACT  TO  PROVIDE  A  WAY  TO  FREE  TOLL  BRIDGES. 

Section  I   Section 

1.  Toll  bridge  may  be  taken  by  county.  5.      Action     with     Maine     coramissionei-s 

2.  Collection  of  tolls  by  county.  i  authorized. 

3.  Apportionment    of    expense.  I         6.      Kot    applicable   to    Hampton   bridge. 

4.  Procedure      if     bridge      is     in     two  I        7.      Repealing    clause;     act    takes    effect 

counties.  I  on  passage. 

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

May  be  taken  by      SECTION  1.     The  countv  commissioiiers  of  any  county,  in  wliicli 
ce'dure.'  a  toU  bridge  exists  or  may  hereafter  be  located,  are  hereby  author- 

ized to  lay  out  a  county  road  across  any  toll  bridge  and  approaches 
thereto,  in  their  county,  upon  petition  therefor,  after  notice  and 
hearing  in  the  manner  required  by  the  general  laws  of  the  state. 
regulating  the  laying  out  of  highways.     Such  petition  shall  bear 
the  signatures  of  not  less  than  twenty  taxpayers,  qualified  voters  of 
said  county,  representing  that  tlie  said  bridge  is  necessary  to  the 
accommodation   of  public  travel  and   that   the   payment   of  tolls 
over    said    bridge    is    burdensome    to    the    traveling    public,  and 
praying    that    the    same    shall    be    taken    as    a    county    bridge. 
The    damages    for    laying    out    said    highway    shall    be    ascer- 
tained, determined  and  paid  in  the  same  manner  as  in  taking  lands 
for  highways,  and  persons  and  corporations  aggrieved  shall  have 
the  same  rights  of  appeal  to  be  enforced  in  the  same  manner  as  in 
the  case  of  highways. 
County  may  collect      Sect.  2.     Ill  the  cvcut  that  the  county  commissioners  shall  decide 
to  s  or  SIX  years.  ^^  ^akc  Said  bridge  a  county  bridge,  said  commissioners  may.  for 
the  purpose  of  defraying  the  cost  or  damage  for  the  taking  and 
repairs  of  said  bridge,  maintain  the  same  for  a  period  not  exceed- 
ing six  years,  as  a  toll  bridge,  if.  in  their  opinion,  such  is  necessary 
and  for  the  best  interests  of  the  county.     All  money  received  for 
tolls  after  such  taking  shall  be  set  aside  as  fast  as  accumulated, 
together  with  interest  and  accretions  and  shall  constitute  a  sinking 
fund  for  the  payment  of  any  bonds  issued  or  other  indebtedness 
incurred  by  the  county  for  damages  or  expenses  in  taking  said 
bridge. 
Apportionment  of      Sect.  3.     FoT  the  forcgoiug  purposes,  as  soon  as  the  county  com- 
expense.  missioucrs  shall  have  laid  out  a  public  way  across  said  toll  bridge 

and  paid  the  damages  therefor  as  in  the  case  of  highways  and 
abolished  the  tolls  thereof,  they  may  apportion  not  exceeding  one- 
third  of  the  sum  expended  for  damages  aside  from  tolls  received 


1913]  Chapter  i39.  649 

among  the  several  towns  benefitted,  having  regard  also  for  their  valu- 
ation and  circumstances,  whether  such  bridge  shall  be  within  or 
partly  within  the  boundaries  of  such  town  or  not,  and  thereafter 
such  bridge  and  its  approaches  shall  be  public  highway,  and  shall 
be  kept  safe  and  convenient  for  public  travel  by  said  commissioners,  n 

and  maintained  by  the  county  free  of  toll. 

Sect.  4.  When  a  petition  is  presented  respecting  a  toll  bridge  if  bridge  in  two 
in  two  counties,  the  same  shall  have  the  signatures  of  at  least 
twenty  qualified  persons  in  each  count}\  The  commissioners  receiv- 
ing the  petition  may  call  a  meeting  of  the  commissioners  of  botli 
counties,  and  they  shall  proceed  in  the  manner  provided  in  the  case 
of  ways  in  two  or  more  counties.  Damages  shall  be  apportioned  be- 
tween the  two  counties  in  proportion  to  their  last  state  valuation 
prior  to  such  location,  and  among  the  several  towns  in  the  manner 
provided  by  the  preceding  section. 

Sect.  5.     The  county  commissioners  of  Rockingham  and  Straf-  Action  with  Maine 

'-,-,■,■-,  Ti-  commissioners 

lord  counties  are  empowered  and  authorized  to  act  under  this  act  authorized. 

in  conjunction  with  the  county  commissioners  of  York  count}^,  in 

the  state  of  Maine,  to  make  all  toll  bridges  now  or  hereafter  located 

on  the  Piscataqua  river  and  its  branches  between  the  states  of  Maine 

and  New  Hampshire  free,  when  the  county  commissioners  of  said 

York  county  are  empowered  to  take  action  by  the  legislature  of 

the  state  of  Maine. 

Sect.  6.     This  act  shall  not  apply  to  any  bridge  already  con-  Not  applicable  to 
structed,   or  that  may  be   hereafter  constructed   across  Hampton  Hampton  bridge. 
river,  under  the  provisions  of  chapter  251,  session  Laws  of  1901,  en- 
titled "An  Act  to  authorize  the  Granite  State  Land  Compaiiy  to 
construct  and  maintain  a  Bridge  across  Hampton  River,  and  for 
other  Purposes." 

Sect.  7.     All  acts  and  parts  of  acts  inconsistent  with  the  provi-  Repealing  clause; 
sions  of  this  act  are  hereby  repealed,  and  this  act  shall  take  effect  on  passage. 
upon  its  passage. 

[Approved  May  13,  1913.] 


650 


Chapter  140. 


[1913 


CHAPTER  140. 

AN  ACT  PROVIDING  FOR  A  BOARD  OF  CONTROL  ;   AND  FOR  A  PURCHASING 

AGENT. 


Sectiov 

1.  Certain  boards  of  trustees  abolished. 

2.  Board  of  control  created. 

3.  Composition   of  board;    general  pow- 

ers  and   duties. 

4.  Offices;    clerical     expenses;     compen- 

sation. 

5.  Purchasing    agent;    appointment   and 

tenure   of  office. 

6.  Compensation  of   agent. 

7.  Substitute    in    case    of    disability. 

8.  General  duties  of  agent. 


Sectiox 

9.  Requisitions    upon    agent. 

10.  Purchases  on   competitive  bids. 

11.  Written  contracts  in  triplicate. 

12.  .Samples  may  be   required. 

13.  Uniform   system   of   accounts. 

14.  Board  of  control  to   advise   agent. 

15.  Inventories   of   required   supplies. 
1(3.  Biennial   report   of   agent. 

17.  Biennial    report    of    board. 

18.  Payment   of  expenses. 

19.  Takes   effect,   when. 


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


Certain    boards 
abolished. 


Board  of  control 
created. 


Composition  of 
board ;  general 
powers  and  duties 


Section  1.  The  tenure  of  office  of  the  boards  of  trustees  for  the 
New  Hampshire  state  hospital,  the  state  industrial  school,  the  New 
Hampshire  school  for  feeble-minded,  and  tlie  state  sanatorium  for 
consumptives,  is  hereby  terminated,  and  said  boards  are  severally 
abolished. 

Sect.  2.  There  is  hereby  created  a  department  to  be  known  as 
the  board  of  control,  for  the  supervision  of  the  administration  of 
the  aforesaid  state  institutions,  and  the  economical  purchase  of 
supplies  for  all  state  institutions  and  departments. 

Sect.  3.  The  governor,  with  the  advice  and  approval  of  the 
council,  shall  appoint  and  commission  two  capable  persons,  residents 
of  the  state,  as  members  of  said  board.  They  shall  be  appointed 
and  commissioned  one  for  four  years,  and  one  for  two  years,  and 
all  subsequent  appointments  shall  be  for  four  years,  excepting  only 
for  appointments  for  unexpired  portions  of  a  term.  Such  persons 
together  with  the  governor,  the  secretary  of  the  state  board  of 
charities,  and  the  purchasing  agent,  whose  office  is  hereinafter  cre- 
ated, shall  constitute  such  board  of  control,  and  they  shall  have  all 
the  powers  and  perform  all  the  duties  which  by  the  laws  in  force 
next  prior  to  the  passage  of  this  act,  were  vested  in  and  imposed 
upon  said  boards  of  trustees  hereinbefore  mentioned,  together  with 
such  further  powers  as  may  be  essential  to  the  full  and  complete 
supervision  of  the  said  state  institutions.  In  case  of  the  inability 
of  the  governor  to  attend  any  meeting  of  such  board,  he  may  desig- 
nate some  member  of  his  council  to  attend  in  his  place,  and  who 
shall  have  all  the  powers  as  a  member  of  such  board,  while  so  acting 
during  the  governor's  absence,  which  the  governor  might  have  if 
personally  present. 


1913]  Chapter  140.  651 

Sect.  4.     Said  board  shall  be  provided  with  suitable  offices  iu  the  offices;  clerical 

,     ,       1  J    ,1  •      1,         1  •    i     1    i?  •      expenses ;  com- 

state  house,  and  there  is  hereby  appropriated  ironi  any  money  in  pensation. 
the  treasury  not  otherwise  appropriated,  a  sum  not  exceeding  nine 
hundred  dollars  annually  for  clerical  expenses  of  said  office.  The 
two  members  thus  appointed  shall  receive  eight  dollars  per  day  for 
their  actual  time  spent  in  the  performance  of  official  duties,  as 
directed  by  vote  of  the  board,  and  all  the  members  of  said  board 
shall  be  reimbursed  for  their  actual  and  necessary  expenses  when 
performing  official  duty,  to  be  audited  and  approved  by  the  state 
auditor. 

Sect.  5.  The  governor,  by  and  with  the  advice  and  approval  of  Puichasiug  agent; 
the  council,  shall  appoint  some  capable  person,  resident  within  this  te'im-e  of^office" 
state,  as  a  purchasing  agent  for  state  departments  and  institutions. 
He  shall  hold  office  for  three  years  and  until  his  successor  is  ap- 
pointed and  qualified,  provided,  however,  that  he  may  be  removed 
at  any  time  for  just  and  sufficient  cause.  Before  entering  upon  the 
duties  of  his  office,  he  shall  give  a  bond  to  the  state  with  surety  or 
sureties  approved  by  the  governor  and  council,  in  the  sum  of  ten 
thousand  dollars,  conditioned  upon  the  faithful  performance  of  the 
duties  of  his  office  and  for  the  proper  accounting  of  any  and  all 
moneys  or  other  property  of  tl;e  state  coming  into  his  hands.  He 
shall  have  an  office  with  the  board  of  control,  and  the  clerical  force 
in  said  office  shall  be  available  to  him  as  fully  as  the  needs  of  his 
office  may  require. 

Sect.  6.     He  shall  receive  an  annual  salary  of  three  thousand  Salary  of  agent. 
dollars,  payable  in  equal  monthly  payments,  and  the  actual  and 
necessary  expenses  of  his  office,  including  his  traveling  expenses,  to 
l)e  verified  by  proper  vouchers,  and  audited  and  approved  by  the  ' 

state  auditor. 

Sect.  7.     In  case  of  the  temporary  inability  of  such  purchasing  Substitute  in  case 
agent,  the  governor  may  direct  the  state  auditor  or  some  member  °     '^*  '  ''^' 
of  the  board  of  control  to  perform  the  duties  during  such  disability. 

Sect.  8.  The  purchasing  agent  shall  contract  for  and  purchase  General  duties 
all  fuel,  light,  water,  equipment,  provisions,  supplies,  and  materials,  "^  ^s^^^- 
necessary  for  the  use,  management  and  maintenance  of  the  state 
liospital,  the  home  for  feeble-minded,  the  industrial  school,  the  state 
sanatorium  for  consumptives,  the  normal  schools,  the  state  prison, 
and  all  state  departments  quartered  in  the  state  house,  including 
the  equipment  of  any  new  buildings  at  any  state  institution,  and 
also  all  the  clothing  and  wearing  apparel  or  materials  therefor,  in 
such  institutions  wherein  the  state  provides  the  same  for  the  in- 
mates. The  board  of  control  shall  superintend  the  construction  of 
new^  or  the  repairs  of  existing  buildings. 

Sect.  9.     When  any  of  the  said  institutions  or  departments  are  Requisitions 
in  need  of  material  or  supplies,  requisition  therefor  shall  be  made 


652  Chapter  140.  [1913 

upon  such  agent,  by  the  proper  official  of  such  institution  or  de- 
partment. 

Competitive  bids.  Sect.  10.  Whenever  the  amount  of  a  purchase  to  be  made  by 
such  agent  exceeds  the  sum  of  two  hundred  dollars,  he  may  be 
directed  by  the  board  of  control  to  submit  the  same  to  competitive 
bids,  under  such  regulations  as  said  board  may  prescribe,  in  order 
to  secure  a  fair,  open  competition,  giving  to  each  bidder  an  equal 
opportunity  therein.  Any  or  all  such  bids  may  be  rejected,  and 
new  bids  invited,  if,  in  the  opinion  of  said  board  of  control,  the 
interests  of  the  state  demand ;  or  the  board  of  control  may  direct 
the  agent  to  procure  and  purchase  such  supplies,  in  such  other 
manner  as  the  interests  of  the  state  demand.  If  any  bid  be  ac- 
cepted, all  the  bids  submitted  therewith  shall  be  filed  and  kept  by 
said  agent  for  the  space  of  at  least  one  year. 

Written  contracts.  Sect.  11.  Any  acccptcd  bid  shall  be  reduced  to  contract,  specifi- 
cally stating  the  quantity,  kind,  quality,  and  price,  and  the  manner 
of  delivery ;  and  the  same  shall  be  executed  in  triplicate  upon  uni- 
form blanks  furnished  by  such  agent,  one  of  which  shall  be  for  the 
seller,  one  for  the  purchasing  agent  and  board  of  control,  and  the 
other  shall  be  forthwith  filed  in  the  office  of  the  state  auditor :  and 
payment  therefor  may  be  made  from  any  moneys  in  the  state 
treasury  not  otherwise  appropriated,  without  further  legislative 
act,  upon  the  warrant  of  the  governor. 

Samples.  Sect.  12.     The  agent  shall  have  authority  to  require  bidders  to 

submit  samples  of  the  supplies  desired,  to  secure  analyses  of  sam- 
ples, and  to  require,  with  the  approval  of  the  board  of  control,  the 
seller  to  give  a  bond  to  the  state,  approved  by  such  board,  condi- 
tioned upon  the  complete  fulfillment  of  the  contract  of  such  seller. 

Uniform  system  of      Sect.  13.     The  purchasing  agent  in  conjunction  with  the  state 

accounts.  auditor,  is  empowered  to  require  state  institutions  to  adopt  a  uni- 

form system  in  matters  of  account  as  to  supplies  furnished  and  on 
hand,  and  in  matters  of  making  requisition  therefor,  and  as  to 
such  other  details  as  may  insure  the  speedy  and  economical  pur- 
chase, delivery  of,  and  accounting  for  all  supplies  and  materials. 

Advice  of  board.  Sect.  14.  The  purchasing  agent  shall  at  all  times  be  entitled  to 
ask  for  the  advice  of  the  board  of  control  upon  any  question  ai'is- 
ing  in  the  conduct  of  the  business  of  his  office. 

Inventories.  Sect.  15.     All  institutions  and  departments  receiving  s^^]>plies 

furnished  under  this  act,  shall  annually,  during  the  first  fifteen 
days  of  September,  render  to  the  purchasing  agent  an  inventory, 
in  duplicate,  of  all  materials  and  supplies  on  hand  as  of  August  31, 
with  the  date  when  received  and  their  cost,  and  he,  or  said  board 
of  control  may  require  such  other  inventories  as  the  interests  of  the 
state  mav  demand.    All  such  inventories  shall  be  filed  and  retained. 


1913]  Chapter  140.  653 

one  in  the  office  of  the  state  auditor  and  one  with  the  board  of 
control. 

Sect.  16.  The  purchasing  agent  shall  certif^^  in  writing,  upon  Report  of  agent. 
all  requisitions,  the  extent  to  which  they  are  filled  and  the  date 
when,  and  file  a  certified  copy  of  the  same  in  the  office  of  the  state 
auditor.  He  shall  render  to  the  governor  and  council  biennially, 
during  the  months  of  October  or  November,  a  report,  giving  a 
summarized  account  for  the  two  preceding  fiscal  years  of  all  pur- 
chases made,  by  classified  statements,  and  of  the  manner  of  pur- 
chase, whether  by  competitive  bid  or  otherwise,  and  of  the  extent 
of  supplies,  materials  or  equipment,  properly  classified,  furnished 
to  each  institution  or  department ;  together  wath  an  inventory  of 
the  balance  on  hand  in  such  institutions  and  departments  as  shown 
by  the  inventories  therefrom.  Such  report  shall  also  contain  a 
general  statement  of  the  work  of  the  department,  and  the  observa- 
tion of  the  agent  as  to  the  systems  in  force  in  the  various  state 
institutions,  and  his  recommendations  thereunto  pertaining,  with 
such  suggestions  as  to  legislation  as  may,  in  his  judgment  be  needed 
for  the  more  complete  performance  of  the  duties  of  his  office.  Such 
portions  thereof  shall  be  printed  as  the  governor  and  council  may 
indicate. 

Sect.  17.  Said  board  of  control  shall  biennially  publish  a  re-  Report  of  board. 
port,  embodying  such  parts  of  the  reports  of  the  heads  of  state 
institutions  as  the  governor  and  council  may  order  printed ;  and 
also  containing  such  observations  and  suggestions  as  to  the  state 
institutions  as  their  experience  may  dictate  for  the  best  interests 
of  the  institutions  and  the  state. 

Sect.  18.     The  governor  is  hereby  authorized  to  draw  his  w^ar-  Payment  of 
rant  against  any  money  in  the  state  treasury,  not  otherwise  ap-  ^'^'p^^^^^- 
propriated,  for  the  purpose  of  paying  any  expenses  incurred  under 
the  authorization  of  this  act. 

Sect.  19.     This  act  shall  take  effect  June  1,  1913,  as  to  all  parts  Takes  effect, 
except  such  as  require  the  purchase  of  supplies  and  requisitions  ^''"'"' 
therefor,  which  shall  take  effect  September  1,  1913. 

[Approved  May  15,  1913.] 


654 


Chapter  141. 


ri913 


CHAPTER  141. 

AN  ACT  IN  AMENDMENT  OF  SECTION  7  OF  CHAPTER  78  OF  THE  LAWS  OF 
1901  AND  IN  AMENDMENT  OF  CHAPTER  107  OF  THE  LAWS  OF  1905, 
RELATING  TO  THE  COURTS. 


Section 

1.      Supreme    court    justices    may    serve 
in    superior    court. 


Section 

2.  Salaries   of   judges. 

3.  Takes  effect  ou  passage. 


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

Supreme  court  SECTION  1.     Section  7  of  chapter  78  of  the  Laws  of  1901  is  hereby 

i^uperk)? court^ 3,mended  by  adding  thereto,  the  following:  And,  also,  when  the 
business  of  the  superior  court  requires  it,  and  upon  request  of  the 
chief  or  senior  associate  justice  of  that  court,  the  chief  justice  of 
the  supreme  court,  or  the  senior  associate  justice  of  that  court,  may, 
if  not  inconsistent  with  the  proper  advancement  of  the  business  of 
the  supreme  court,  assign  a  member  of  the  supreme  court  to  pre- 
side and  serve  in  the  superior  court ;  and  while  thus  presiding  and 
^  serving,  in  the  superior  court,  such  supreme  court  justice  shall  have 
all  the  authority  of  a  superior  court  justice  in  the  performance  of 
the  same  duties  as  defined  by  said  chapter  78,  Laws  of  1901,  or  any 
other  law  of  the  state.  The  chief  justice  of  the  supreme  court  may 
himself  do  such  part  of  such  superior  court  work  as  he  may  desire, 
as  well  as  assign  an  associate  justice  therefor.  But  neither  the 
chief  justice  nor  an  associate  justice  of  the  supreme  court  thus 
presiding  or  acting  in  the  superior  court  shall  sit  in  the  supreme 
court  in  cases  transferred  thereto  by  him  except  cases  transferred 
upon  agreed  statements  of  facts,  or  upon  referees',  auditors',  or 
commissioners'  reports  on  which  he  made  no  ruling,  unless  it  shall 
be  necessary  for  him  to  sit  in  order  that  the  cases  may  be  decided. 
The  expenses  of  a  justice  of  the  supreme  court  while  acting  as  a 
superior  court  justice  shall  be  paid  from  the  appropriation  for  the 
expenses  of  the  justices  of  the  superior  court. 

Sect.  2.  Section  1  of  chapter  107  of  the  Laws  of  1905  is  hereby 
amended  by  striking  out  the  whole  of  said  section  and  substituting 
the  following:  [Section  1.]  The  annual  salary  of  the  chief  jus- 
tice and  the  associate  justices  of  the  supreme  court  shall  be  forty- 
five  hundred  dollars  each,  and  the  annual  salary  of  the  chief  justice 
and  the  associate  justices  of  the  superior  court  shall  be  forty-five 
hundred  dollars  each.  Actual  expenses  shall  be  allowed  to  the 
justices  of  the  courts,  as  now  provided. 

Sect.  3.     Tliis  act  shall  take  effect  on  its  passage.  ^ 


Salaries    of 
judges. 


Takes   effect 
ou    passage. 


[Approved  May  19.  1913.] 


1913]  Chapters  142,  143.  655 

CHAPTER  142. 

AN    ACT    TO    PROTECT    THE    FISHING    IN    LONG    POND,    OR    LAKE    WINNE- 
PAUKET,    IN    THE   TOWN   OF    WEBSTER. 

Sectiox  Section" 

1.  Closed    during    certain    months.  .         3.     Takes    effect    on    passage. 

2.  Penalty   for    violation. 

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

Section  1.     Long  pond  or  Lake  Winnepauket.  situated  in  the  Closed  during  cer- 

-rx-r  •  ^  ^  1  •  n       n     1     •  T  •  1  ^^''^    mOntllS. 

town  01  Webster,  is  hereby  closed  against  all  fishing  during  the 
months  of  December.  January.  February.  March,  April  and  May 
of  each  year. 

Sect.  2.     Any  person  violating  the  provisions  of  this  act  shall  Penalty. 
be  punished  by  a  fine  of  ten  dollars  ($10)  for  each  offense. 

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

on   passage. 

[Approved  May  19,  1913.] 


CHAPTER  143. 


AN   ACT  F<:)R   THE   BETTER  PROTECTION  OF   SflEEP  AND  GA:ME  BIRDS  AND 

ANIMALS. 

Section  I    Section 

1.      Self-hunting     dogs     not     to     run     at  2.      Penalty    for   violation. 

large,   when.  ""  |         3.     Takes  effect  on  passage. 

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

Section  1.     It  shall  be  unlawful  for  the  owner  or  custodian  of  contmi  of  seif- 

,„,.  .  .  hunting    dogs. 

any  selr-huntmg  dog  to  permit  such  a  dog  to  run  at  large  m  the 
woods  or  fields  inhabited  by  game  birds  or  quadrupeds  or  on  lands 
where  sheep  are  pastured  between  April  first  and  October  first  of 
any  year. 

Sect.  2.     "Whoever  violates  the  provisions  of  this  act  shall  be  Penalty. 
punished  by  a  fine  of  not  exceeding  twenty  dollars. 

Sect.  3.     This  act  shall  take  effect  upon  its  passage.  l*it?J"^*'*  "" 

[Approved  May  19.  1913.] 


656 


Chapter  144. 
CHAPTER  144. 


[1913 


AN  ACT  TO  REGULATE  THE  PRACTICE  OP  DENTISTRY. 


Section 

1.  ^tate     Dental     Board;     qualifications 

for    membership. 

2.  Officers   and  meetings. 

3.  Licenses  to  practice,  to  whom  issued. 

4.  Standard     of     educational     require- 

ments. 

5.  Practitioners    of    dentistry,    who    are. 

6.  Licenses  to  be  registered. 

7.  Revocation   of   licenses. 

8.  Unregistered   license    forfeited ;    right 

of  appeal. 

9.  Fees    for    examination     and    license; 

compensation   of  board. 


Section 

10.  Use  of  false  or  forged  diploma,   etc., 

penalty. 

11.  Dentists      from      other      states,      how 

licensed. 

12.  Certificate   on   removal   from   state. 

13.  Fees  to  persons  removing  to  or  from 

state. 

14.  Unlicensed     practitioner,     how     pun- 

ished. 

15.  Licenses,   how   signed. 

16.  Corporations,   etc.,   engaging  in   prac- 

tice,   regulations   for. 

17.  Repealing     clause;     act     takes     effect 

July    1,    1913. 


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


State    Dental 
Board;   qualifica- 
tions for  member- 
ship. 


Officers   and 
meetings. 


Licenses 
tice,  to  whom 
issued 


Section  1.  The  name  of  the  State  Board  of  Registration  in  Den- 
tistry is  hereby  changed  to  the  New  Hampshire  State  Dental  Board, 
and  said  board  is  hereby  continned,  and  its  dnties  shall  be  to  carry 
out  the  purposes  and  enforce  the  provisions  of  this  act  as  herein- 
after specified.  No  person  shall  be  appointed  to  succeed  the  pres- 
ent members  of  said  board  unless  at  the  time  of  his  appointment 
he  shall  be  an.  actual  resident  of  this  state  and  shall  have  been  for 
a  period  of  five  years  or  more  legally  engaged  in  the  practice  of 
dentistry  in  this  state ;  and  no  person  shall  be  eligible  to  such  ap- 
pointment to  said  board  who  is  not  a  graduate  from  some  reputable 
dental  college  or  who  is  in  any  way  connected  with  or  interested  in 
any  dental  college  or  dental  department  of  any  institution  of  learn- 
ing. 

Sect.  2.  Said  dental  board  shall  choose  one  of  its  members  pres- 
ident and  one  secretary-treasurer  thereof,  and  it  shall  meet  at  least 
once  in  each  year,  and  oftener  if  necessary,  in  the  discretion  of 
the  board,  and  at  such  times  and  places  as  it  may  deem  proper.  A 
majority  of  the  members  of  said  board  shall,  at  all  times,  constitute 
a  quorum  for  the  transaction  of  the  business  of  the  board,  and  the 
proceedings  thereof  shall,  at  all  reasonable  times,  be  open  to  public 
inspection, 
to  prao-  Sect.  3.  No  person,  unless  he  shall  be  legally  engaged  in  the 
practice  of  dentistry  in  this  state  at  the  time  this  act  shall  take 
effect,  or  shall  hold  a  certificate  from  the  board  of  registration  in 
dentistry  for  this  state  signed  by  all  the  members  of  said  board 
at  the  time  said  certificate  was  issued,  shall  begin  the  practice  of 
dentistry,  or  any  branches  thereof,  without  first  applying  for  and 


1913]  Chapter  144.  657 

obtaining  a  license  for  such  puri)Ose  from  the  New  Hampshire  State 
Dental  Board.  Application  sliall  be  made  to  said  board  in  writing, 
and  shall  in  every  instance  be  accompanied  by  a  fee  of  twenty 
dollars  ($20.00).  The  applicant  must  be  of  good  moral  character 
and  tAventy-one  years  of  age  or  over  at  the  time  of  making  applica- 
tion. Application  from  a  candidate  who  desires  to  secure  a  license 
from  said  board  to  practice  dentistry  in  this  state  shall  be  accom- 
panied by  satisfactory  proof  that  the  applicant  so  applying  for  a 
license  has  been  engaged  in  the  actual,  legal  and  lawful  practice 
of  dentistry  in  some  othei"  state  or  country  for  five  consecutive  years 
just  prior  to  application,  or  is  otherwise  qualified  in  the  opinion  of 
said  state  dental  board  ;  or  is  a  graduate  of  and  has  a  diploma  from 
the  faculty  of  a  reputable  dental  college  or  school,  or  of  the  dental 
department  of  a  reputable  university.  Every  applicant  shall  be 
subjected  to  examination  by  said  board,  and  the  examinations  shall 
be  made  in  whole  or  in  part  orally  or  in  writing  at  the  discretion 
of  the  board,  and  shall  be  of  such  character  as  to  test  the  qualifica- 
tions of  the  applicant  to  practice  dentistry,  and  no  license  shall  be 
granted  to  any  applicant  who  shall  not  pass  such  examination  satis- 
factorily to  said  board.  Persons  legally  engaged  in  the  practice  of 
dentistry  in  this  state  at  the  time  this  act  shall  take  effect,  or  hold- 
ing a  certificate  from  the  board  of  registration  in  dentistry  as  afore- 
said, shall  be  granted  licenses  by  said  board  upon  proof  that  they 
were  so  engaged  or  certificated,  and  without  an  examination  or 
other  requirement,  and  without  expense  for  such  license  except  for 
registering  the  same  as  hereinafter  required. 

Sect.  4.     Said  dental  board  shall  make  rules  or  regulations  to  standard  of  re- 
establish a  uniform  and  reasonable  standard  of  educational  require-  *'i^""^™®'^  *• 
ments  to  be  observed  by  dental  schools,  colleges,  or  the  dental  de- 
partments of  universities,  and  said  board  may  determine  the  repu- 
tability  of  those  by  reference  to  their  compliance  with  said  rules 
and  regulations. 

Sect.  5.  Any  person  shall  be  regarded  as  practibing  dentistry  Practitioners  of 
within  the  meaning  of  this  act  who  shall  treat  or  profess  to  treat  ^"  is  ry,  w  o  a 
any  of  the  diseases  or  lesions  of  human  teeth  or  jaws,  or  extract 
human  teeth,  or  shall  prepare  or  fill  cavities  in  human  teeth,  or 
correct  the  malposition  of  human  teeth,  or  supply  artificial  teeth  as 
substitutes  for  natural  human  teeth,  or  administer  anaesthetics  or 
use  or  prescribe  drugs  and  other  remedies  in  connection  with  any 
such  work :  Provided  that  nothing  in  this  act  shall  be  so  construed 
as  to  prevent  regularly  licensed  physicians  or  surgeons  from  ex- 
tracting human  teeth  or  administering  anaesthetics  or  using  or 
prescribing  drugs  and  other  remedies:  Furtltcr,  this  act  shall  not 
prevent  students  from  performing  dental  operations  under  the  su- 
pervision of  competent  instructors  within  a  dental  school,  college. 


658 


Chapter  144. 


[1913 


Registry  of 
licenses. 


Revocation  of 
licenses. 


or  dental  department  of  a  university  recognized  by  the  New  Hamp- 
shire State  Dental  Board,  or  to  prevent  the  employment  by  a 
licensed  dentist  of  dental  nurses  who,  under  the  immediate  super- 
vision of  the  dentist,  may  be  permitted  to  cleanse  teeth  or  change 
dressings  or  apply  simple  remedies  for  toothache :  And,  further,  this 
act  shall  not  apply  to  persons  who  for  a  period  of  at  least  one  year 
prior  to  the  time  when  this  act  shall  take  effect  shall  have  been 
dental  students  in  the  office  of  some  legal  practitioner  of  dentistry 
in  this  state,  but  such  persons  may  be  examined  by  said  dental 
board  without  being  graduates  of  or  holding  a  diploma  from  any 
dental  college  or  department,  provided  such  persons  shall,  within 
ninety  days  after  this  act  shall  take  effect,  file  with  the  secretary- 
treasurer  declarations  under  oath  that  they  have  been  students 
and  desire  to  take  the  examination. 

Sect.  6.  Any  person  licensed  to  practice  dentistry  in  this  state 
by  the  New  Hampshire  State  Dental  Board  as  hereinbefore  pro- 
vided shall  within  ninety  days  from  the  date  of  issue  cause  such 
license  to  be  registered  with  the  secretary  of  state,  who  shall  receive 
for  registering  such  license  a  fee  of  twenty-five  cents  for  each  regis- 
tration, to  be  paid  by  the  licensee.  And  it  is  hereby  provided  fur- 
ther that  every  person,  unless  legally  engaged  in  the  practice  of 
dentistry  in  this  state  at  the  time  when  this  act  shall  take  effect,  or 
holding  a  certificate  as  provided  by  section  3,  who  engages  in  the 
practice  of  dentistry  in  this  state  shall  cause  his  or  her  license  to 
be  registered  with  the  secretary  of  state  before  beginning  the  prac- 
tice of  dentistry  in  this  state,  and  to  be  at  all  times  displayed  in  a 
conspicuous  place  in  the  office  wherein  he  or  she  shall  practice  such 
profession,  and  shall  further,  whenever  requested,  exhibit  such 
license  to  any  of  the  members  of  said  board  or  its  authorized 
agent. 

Sect.  7.  The  board  may  refuse  to  issue  the  license  provided  for 
in  this  act,  or  may  revoke  any  license  that  shall  be  hereafter  given, 
if  issued  to  individuals  who  have,  by  false  or  fraudulent  represen- 
tations, obtained  or  sought  to  obtain  practice,  or  by  false  or  fraudu- 
lent representations  obtained  or  sought  to  obtain  mone}^  or  any 
other  thing  of  value,  or  have  practiced  under  names  other  than  their 
own,  or  for  any  other  dishonorable  conduct.  The  board,  when  written 
charges  against  any  person  have  been  filed  Avith  its  secretary-treas- 
urer, and  seem  substantiated  by  affidavit,  shall  fix  a  time  and  place 
for  the  hearing  of  such  charges,  and  shall  give  written  notice  to  the 
said  person  against  whom  charges  shall  be  made  of  the  time  and 
place  for  said  hearing,  and  furnish  him  with  a  copy  of  the  charges 
at  least  twenty  days  prior  to  the  date  fixed  for  the  hearing.  At 
such  hearing  said  board  shall  have  the  power  to  compel  the  at- 
tendance of  and  swear  witnesses.     Such  revocation  shall  take  from 


1913]  Chapter  144.  659 

the  person  named  in  the  license  all  rights  and  privileges  acquired 
thereby. 

Sect.  8.  Any  failure,  neglect  or  refusal  on  the  part  of  any  per-  Unregistered 
son  obtaining  a  license  to  practice  dentistry  from  the  said  board  to  Hg^ht^^of  appeal.' 
register  such  license  with  the  secretary  of  state  as  above  directed, 
within  ninety  days  from  the  date  of  the  issue  of  the  same,  shall 
work  a  forfeiture  of  such  license,  and  no  license  when  once  forfeited 
shall  be  restored  except  upon  payment  to  said  board  of  a  fee  of  ten 
dollars  ($10)  for  the  renewal  of  such  license.  Every  dentist  ag- 
grieved by  the  action  of  said  board  in  the  revocation  of  his  license 
or  prohibition  from  his  practice  may  ppply  to  the  superior  court  in 
the  county  in  which  he  resides  for  a  writ  of  mandamus  requiring 
said  board  to  revoke  its  decision  if  the  same  be  found  on  hearing  to 
have  been  erroneous.  Such  application  for  mandamus  may  be 
served  on  said  board  by  leaving  with  the  secretary-treasurer  there- 
of, or  at  his  usual  place  of  abode,  an  attested  copy  thereof  within 
twelve  days  after  said  board  shall  have  notified  such  dentist  of  its 
decision. 

Sect.  9.     In  order  to  provide  the  means  for  carrving  out  and  en-  Fees  for  examina- 

n         ■  •    •  PI-  -11  1      1      n      1  f'0'1  ^^^  license; 

lorcmg  the  provisions  oi  this  act,  the  said  board  shall  charge  each  compensation  of 
person  applying  to  it  for  examination  for  a  license  to  practice 
dentistry  in  this  state  an  examination  fee  of  twenty  dollars  ($20), 
and  in  addition  thereto  shall  charge  a  license  fee  of  five  dollars 
($5)  for  every  license  or  duplicate  license  to  take  the  place  of  one 
lost  or  destroyed  issued  by  said  board,  except  to  persons  legally 
engaged  in  the  practice  of  dentistry  at  the  time  when  this  act  shall 
take  effect  or  holding  a  certificate  as  provided  in  section  3.  Any 
person  failing  to  pass  a  satisfactory  examination  at  the  first  trial 
shall  be  entitled  to  be  once  re-examined  at  a  future  meeting  of  the 
board  without  additional  payment.  The  board  shall  make  an  an- 
nual report  of  its  proceedings  to  the  governor  by  the  31st  day  of 
December  in  each  year,  and  all  fees  and  fines  received  by  the  board 
shall  be  paid  monthly  by  the  secretary-treasurer  into  the  treasury 
of  the  state.  The  compensation  and  all  necessary  expenses  of 
the  board  shall  be  paid  from  the  treasury  of  the  state,  and  shall  be 
approved  by  the  board  and  sent  to  the  state  auditor,  who  shall 
certify  to  the  governor  and  council  the  amounts  due  and  the  same 
shall  be  paid  upon  the  warrant  of  the  governor  with  the  advice  and 
consent  of  the  council,  and  so  much  of  said  receipts  as  may  be 
necessary  is  hereby  appropriated  for  the  compensation  and  expenses 
aforesaid.  The  members  of  the  board  shall  each  receive  as  com- 
pensation the  sura  of  five  dollars  ($5)  for  each  day  actually  en- 
gaged in  the  duties  of  the  office,  and  all  legitimate  and  necessary 
expenses  incurred  in  attending  the  meetings  of  said  board ;  pro- 
vidfd  that  the  secretary-treasurer  of  the  board  may  receive  a  salary 


660 


Chapter  144. 


[1913 


Use   of  forged   di 
ploma,    etc., 
penalty. 


Dentists    from 
other  states,  how 
licensed. 


Certificate    on    re- 
moval   from    state. 


Fees   in   certain 
cases. 


Unlicensed   practi 
tioner,    how 
punished. 


to  be  fixed  by  the  board  instead  of  the  per  diem  of  five  dollars.  Said 
board  shall  receive  compensatiou  only  as  the  fees  received  shall  al- 
low, and  shall  be  of  no  expense  to  the  state  beyond  the  amount  of 
such  fees. 

Sect.  10.  Any  person  filing  or  attempting  to  file  as  his  own  the 
diploma  or  license  of  another,  or  a  forged  affidavit  of  identification 
or  qualification,  shall  be  deemed  guilty  of  forgery,  and  upon  con- 
viction thereof  shall  be  subject  to  such  fine  and  imprisonment  as  is 
made  and  provided  by  the  statutes  of  this  state  for  the  crime  of 
forgery. 

Sect.  11.  The  dental  board  may,  in  its  discretion,  issue  a  license 
to  practice  dentistry  without  examination  to  a  legal  practitioner  of 
dentistry  who  removes  to  New  Hampshire  from  another  state  or 
territory  of  the  United  States,  or  from  a  foreign  country,  in  which 
he  or  she  conducted  a  legal  practice  of  dentistry  for  at  least  five 
years  immediately  preceding  his  or  her  removal:  Provided  such 
applicant  present  a  certificate  from  the  dental  board,  or  a  like 
board,  of  the  state,  territory,  or  country  from  which  he  or  she  re- 
moves, certifying  that  he  or  she  is  a  legal,  reputable  and  compe- 
tent dentist  and  of  good  moral  character,  and  provided,  further, 
that  such  certificate  is  presented  to  the  New  Hampshire  State  Den- 
tal Board  within  six  months  from  the  date  of  its  issue,  and  that  the 
board  of  such  other  state,  territory  or  country  shall  in  like  manner 
recognize  licenses  issued  by  the  dental  board  of  the  state  of  New 
Hampshire  presented  to  such  other  board  by  legal  practitioners  of 
dentistry  from  this  state,  who  may  wish  to  remove  to  or  practice 
in  such  other  state,  territory  or  country. 

Sect.  12.  Any  one  who  is  a  legal  and  competent  practitioner 
of  dentistry  in  the  state  of  New  Hampshire,  and  of  good  moral 
character,  and  known  to  the  dental  board  of  this  state  as  such,  who 
desires  to  change  his  or  her  residence  to  another  state,  territory  or 
foreign  country,  shall,  upon  application  to  the  dental  board,  re- 
ceive a  special  certificate  over  the  signature  of  the  president  and 
secretary-treasurer  of  said  board,  which  shall  attest  the  facts  above 
mentioned,  and  give  the  date  upon  which  he  or  she  was  registered 
and  licensed. 

Sect.  13.  The  fee  for  issuing  a  license  to  a  legal  practitioner 
from  another  state,  territory  or  foreign  country  to  practice  den- 
tistry in  this  state  under  section  11  of  this  act  shall  be  twenty-five 
dollars  ($25),  and  the  fee  for  issuing  a  certificate  to  a  legal  prac- 
titioner of  this  state  under  section  12  of  this  act  shall  be  five  dollars 
($5),  and  in  each  case  the  fee  shall  be  paid  in  cash  before  the 
license  or  certificate  respectively  shall  be  issued. 

Sect.  14.  Any  person  who  shall  practice  or  attem])t  to  practice 
dentistrv  in  this  state  without  being  registered  or  without  a  license 


1913]  Chapter  144.  661 

for  that  purpose,  or  violates  any  of  the  provisions  of  this  act,  shall 
be  subject  to  prosecution  before  any  court  of  competent  jurisdic- 
tion upon  complaint,  information  or  indictment,  and  shall  upon 
conviction  be  fined  for  each  otfense  in  any  sum  not  less  than  fifty 
dollars  ($50)  or  more  than  two  hundred  dollars  ($200),  or  by  im- 
prisonment for  not  more  than  sixty  days,  or  by  both  such  fine  and 
imprisonment.  All  fines  imposed  and  collected  under  this  act  shall 
be  paid  by  the  clerk  of  the  superior  court  to  the  secretary-treasurer 
of  the  New  Hampshire  State  Dental  Board.  All  complaints  of 
criminal  violations  of  this  act  received  by  the  board  shall  be  by 
it  referred  to  the  county  solicitor  of  the  county  in  which  the  ac- 
cused person  may  reside,  and  it  shall  be  tlie  duty  of  the  county 
solicitor  to  prosecute  the  same. 

Sect.  15.     All  licenses  issued  by  the  said  board  shall  be  signed  Licenses,  how 
by  all  of  the  members  thereof  and  attested  by  its  president  and  ^'^°^ 
secretary-treasurer. 

Sect.  16.  Any  association  or  company  of  persons,  whether  in-  Corporations,  etc., 
corporated  or  not,  who  shall  engage  in  the  practice  of  dentistry  tice,  regulations  ' 
under  the  name  of  company,  association  or  any  other  title,  shall 
cause  to  be  displayed  and  kept  in  a  conspicuous  place  at  the  en- 
trance of  its  place  of  business,  the  name  of  each  and  every  person 
employed  in  said  company  or  association  in  the  practice  of  dentistry 
at  such  place  of  business,  and  any  one  so  employed  by  said  com- 
pany or  association  whose  name  shall  not  be  so  displayed  as  above 
provided,  and  the  said  association  or  company,  if  incorporated,  or 
the  persons  comprising  the  same  if  not  incorporated,  shall,  for  the 
failure  to  display  the  aforesaid  names,  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  each  shall  be  punished  as 
for  a  violation  of  the  provisions  of  this  act,  as  provided  in  section 
14.  Any  manager,  proprietor,  partnership,  association,  or  incor- 
poration owning,  running,  operating  or  controlling  any  room  or 
rooms,  office  or  dental  parlors,  whose  dental  work  is  done,  provided 
or  contracted  for.  who  shall  employ,  keep  or  retain  any  unlicensed 
person  or  dentist  as  an  operator,  or  who  shall  fail,  within  ten  days 
after  demand  made  by  the  secretary-treasurer  of  tlie  New  Hamp- 
shire State  Dental  Board  in  writing  sent  by  registered  mail,  ad- 
dressed to  any  such  manager,  proprietor,  partnership,  association, 
or  incorporation  at  said  room,  office  or  dental  parlor,  to  furnish  to 
said  secretary-treasurer  the  names  and  addresses  of  all  persons 
practicing  or  assisting  in  the  practice  of  dentistry  in  his  place  of 
business  or  under  his  control,  together  with  a  sworn  statement  show- 
ing by  what  license  or  authority  said  persons  are  practicing  den- 
tistry, shall  be  guilty  of  a  misdemeanor  and  subject  to  the  penalties 
provided  for  in  this  act  for  a  violation  of  the  provisions  thereof: 
Provided,  lioivever,  that  such  sworn  statement  shall  not  be  used  as 
evidence  in  any  subsequent  court  proceedings. 


662 


Chapter  145. 


[1913 


Repealing  clause;      Sect.  17.     8o  imioli  of  chapter  134  of  the  Public  Statutes  as  is 

act  takes  effect       .  -ii-ii  ••  «. 

July  1,  1913.  inconsistent  with  the  provisions  of  this  act,  and  all  other  acts  or 
parts  of  acts  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed,  and  this  act  shall  take  effect  and  be  in  force  from  and 
after  July  1,  1913. 

[Approved  May  19,  1913.] 


CHAPTER  145. 


AN  ACT   IN   AMENDMENT  OF   CHAPTER   164  OF   THE   LAWS  OF   1911    EN- 
TITLED *'aN   ACT  TO   ESTABLISH   A  PUBLIC   SERVICE   COMMISSION." 


9. 


Section 

1.  Meaning    of    tei'ms    used. 

2.  Salaries   of   commissioners   increased. 

3.  Authority    to    expend    money. 

4.  Hearings,   how  conducted. 

5.  Compulsory   attendance   of   witnesses. 

6.  Assistant  clerk;    independent   investi- 

gations. 

7.  Change  in  rate,  notice  of. 

8.  Compulsory  production   of   books. 
Right   to   inspect;    complaints  by  mu- 
nicipal officers  or  citizens. 

Fi.xing   railroad   rates. 

Reconstruction   of   railroads,    etc. 

Order  for  reparation ;  joint  service 
and  rates;  interstate  rates;  emer- 
gency rates. 

Approval  of  public  utilities;  ap- 
proval of  leases,  etc. ;  acquisition 
of  securities  of  other  companies : 
foreign  utility  not  to  be  approved, 
etc.;  land  for  new  construction, 
how  secured. 


10. 
11. 
12. 


13. 


Section 
14.      Stock    and    bond     issues    regulated; 
/  offer  of  new  stock  to  stockholders. 

Sale  of  new  stock  by  auction;  stock 
and  bonds  for  purchase  of  like 
companies;  individual  liability;  in- 
crease of  capital  beyond  amount 
fixed  by  law ;  mortgage  of  prop- 
erty  and  franchises. 

Investigation  of  railroad  accidents; 
accidents  to  be  reported. 

Transmission  of  electrical  energy 
outside   state. 

Failure  to  make  reparation,  proced- 
ure; steamboat  inspection,  etz.; 
reports  of  commission ;  fees  and 
costs,  disposition  of;  rehearings, 
when  granted  and  procedure  up- 
on :    prior    provisions   repealed. 

Sections    renumbered. 

Repealing  clause ;  act  takes  effect  on 
passage. 


15. 


16. 


17. 


18. 


19. 

20. 


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


Meaning    of 
terms   nsed. 


Section  1.  Section  1  of  chapter  164  of  the  Laws  of  1911  en- 
titled, "An  Act  to  Establish  a  Public  Service  Coininission."  is 
amended  to  read  as  follows : 

Section  1.  (a)  The  term  "commission"  as  used  in  this  act, 
shall  mean  the  public  service  commission  hereby  created. 

(b)  The  term  "railroad  corporation"  shall  include  every  cor- 
poration, company,  association,  joint  stock  association,  partnership 


1913]  Chapter  145.  663 

and  person,  tlieir  lessees,  trustees  or  receivers,  appoiuted  by  any 
court  whatsoever,  owning,  operating  or  managing  any  railroad  or 
street  railway  or  any  cars  or  equipment  used  thereon  or  in  connec- 
tion 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 
and  every  company,  association,  joint  stock  association,  partnership 
and  person,  their  lessees,  trustees  or  receivers  appointed  by  any 
court  whatsoever,  except  numicipal  corporations,  owning,  operat- 
ing or  managing  any  plant  or  equipment  or  any  part  of  the  same 
for  the  conveyance  of  telephone  or  telegraph  messages  or  for  tlie 
manufacture  or  furnisliing  of  light,  heat,  power  or  water  for  the 
public,  or  in  the  generation,  transmission  or  sale  of  electricity  ulti- 
mately sold  to  the  public,  or  owning  or  operating  any  ferry  or  toll 
bridge,  or  owning  or  operating  any  steam  or  other  power  boat  en- 
gaged in  the  common  carriage  of  passengers  or  freight,  provided, 
'however,  that  no  such  corporation,  company,  association,  joint  stock 
association,  partnership  or  person  shall  be  deemed  to  be  a  public 
utility  by  reason  of  the  ownership  or  operation  of  any  water  sys- 
tem or  part  thereof,  if  the  whole  of  such  water  system  shall  supply 
a  less  number  of  consumers  than  ten,  each  family,  tenement,  store 
or  other  establishment  being  considered  a  single  consumer ;  nor 
shall  any  corporation,  company,  association,  joint  stock  association, 
partnership  or  person  engaged  in  manufacturing  and  carrying  on 
in  this  state  a  manufacturing  establishment,  the  product  of  which 
is  something  besides  power,  and  producing  electricity  primarily 
for  the  operation  of  such  establishment,  be  deemed  a  public  utility 
by  reason  of  the  sale  of  electricity  to  a  public  utility  at  times  when 
there  may  be  a  surplus  of  electricity  beyond  the  needs  of  such  manu- 
facturing establishment,  or  when  such  manufacturing  establish- 
ment may  not  be  in  operation. 

(d)  The  term  "railroad"  shall  include  every  railroad  and  street 
railway  by  whatever  power  operated  which  is  open  to  public  use 
in  the  conveyance  of  persons  or  property,  for  a  compensatign.  also 
all  bridges,  grade  crossings,  under  passes,  switches,  spurs,  tracks, 
equipment,  stations  and  terminals  and  other  facilities  and  property 
of  every  kind  wdiatever.  used,  operated  or  owned  by  or  in  connec- 
tion with  any  such  railroad  or  railway. 

(e)  The  term  "service"  shall  be  taken  in  its  broadest  and  most 
inclusive  sense. 

Sect.  2.     Paragraph  (e)  section  2  of  said  act  is  amended  to  read  Salaries  increased, 
as  follows : 

(e)  The  chairman  of  said  commission  shall  receive  a  salary  of 
thirty-seven  hundred  dollars,  and  each  of  the  other  members  shall 
receive  thirty-five  hundred  dollars,  per  year,  to  be  paid  quarterly 


664 


Chapter   145. 


[]913 


Expenditure    of 
monev. 


Hearings  before 
one  or  two  com- 
missioners. 


Compulsory     at- 
tendance  of 
witnesses. 


from  the  state   treasury,   and  his   reasonable   expenses,   including 
transportation,  subject  to  the  approval  of  the  governor  and  council. 

Sect.  3.  Paragraph  (f)  of  said  section  2  of  said  act  is  amended 
to  read  as  follows: 

(f)  In  the  exercise  of  the  authority  and  the  performance  of  tlie 
duties  prescribed  by  this  act,  the  commission  may  expend  such 
sums  as  may  be  appropriated  for  its  use  by  the  legislature,  and  with 
the  authority  of  the  governor  and  council  such  further  sums  as 
may  in  anj^  emergency  be  necessary,  such  further  sums  to  be  paid 
out  of  any  money  in  the  treasury  not  othert\dse  appropriated. 

Sect.  4.  Paragraph  (h)  of  said  section  2  of  said  act  is  amended 
to  read  as  follows : 

(h)  No  commissioner  shall  sit  upon  tlie  hearing  of  any  question 
which  the  commission  is  to  decide  in  a  judicial  capacity  who  would 
be  disqualified  for  any  cause,  except  exemption  from  service,  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.  A  majority  of  the  commission  shall 
constitute  a  quorum  to  transact  business,  and  any  hearing  or  in- 
vestigation may  be  held  or  conducted  by  two  commissioners  or  by 
a  single  commissioner,  but  no  order,  rule  or  regulation  shall  be  made 
and  promulgated  except  by  the  full  commission  or  a  majority 
thereof;  provided,  however,  that  no  hearing  or  investigation,  except 
in  accident  cases,  shall  be  held  or  conducted  by  a  single  commis- 
sioner if  any  party  whose  interests  may  be  affected  shall  five  days 
before  the  date  of  hearing  file  a  request  in  writing  that  the  same 
be  held  or  conducted  by  the  full  commission,  or  a  majority  thereof. 

Sect.  5.  Paragraph  (1)  of  said  section  2  of  said  act  is  amended 
to  read  as  follows : 

(1)  The  commission  shall  have  power  to  subpoena  witnesses  and 
administer  oaths  to  witnesses  in  any  proceeding  or  examination 
instituted  before  it  or  conducted  by  it.  and  to  compel  by  subpoena 
duces  tecum  the  production  of  any  accounts,  books,  contracts,  re«- 
ords,  documents,  memoranda  and  papers  of  any  kind  whatever. 
Witnesses  summoned  before  the  commission  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.  "When  any  such  summons  shall  be  endorsed  by  the  clerk  of 
the  commission,  or  by  the  assistant  clerk,  or  by  a  commissioner,  as 
follows.  ' '  Legal  fees  of  witnesses  guaranteed  by  the  State. ' '  advance 
payment  of  fees  shall  not  be  required,  but  any  witness  served  with 
such  summons  shall  appear  as  directed  therein  as  a  witness  for 
the  state,  and  his  legal  fees  therefor  shall  be  paid  out  of  any  ap- 
propriation for  the  use  of  the  commission  available  for  the  purpose. 
In   lieu   of  requiring  production   of   originals  by   subpoena  duces 


1913]  Chapter  14;j.  665 

tecum  it  ma}'  require  sworn  copies  of  any  such  books,  records,  con- 
tracts, documents  and  papers  or  i)arts  thereof  to  be  tiled  with  it. 
The  commission  may  also  require  any  railroad  corporation  or  pub- 
lic utility  to  make  specific  answers  to  questions  upon  which  the  com- 
mission may  need  information.  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  supe- 
rior court,  upon  proof  by  affidavit  of  the  facts,  for  an  order  re- 
turnable in  not  more  than  five  days,  directing  any  person  so  refus- 
ing 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 
Avhom  the  matter  shall  come  for  hearing  shall  determine  whether 
such  respondent  has  refused  without  reasonable  cause  or  legal  ex- 
cuse to  be  examined  or  to  answer  a  legal  and  pertinent  question, 
or  to  produce  a  book  or  paper  which  he  was  ordered  to  bring,  and 
if  the  respondent  be  found  guilty,  the  court  may  commit  him  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. 

Sect.  6.     Said  section  2  of  said  act  is  further  amended  bv  adding  Assistant  cierk; 

„  .  '  'independent  Inves- 

thereto  the  toliowmg  paragraphs  :  tigations. 

(o)  The  commission  may  employ  an  assistant  clerk,  and  any  rec- 
ord, order,  certificate  or  other  process,  document  or  paper  issued 
or  made  by  said  commission  may  be  signed  by  the  clerk,  or  by  said 
assistant  clerk,  or  by  any  commissioner. 

(p)  In  any  case  in  which,  under  this  or  any  other  act,  the  com- 
mission may  hold  a  hearing,  it  may,  before  or  after  such  hearing, 
make  such  independent  investigation  as  in  its  judgment  the  public 
good  may  require:  provided,  howcvf-r,  that  whenever  such  investi- 
gation shall  disclose  any  facts  which  the  commission  shall  intend 
to  consider  in  the  making  of  any  decision  or  order,  such  facts  shall 
be  stated  and  made  a  part  of  the  record,  and  any  party  whose  rights 
may  be  affected  shall  be  afforded  a  reasonable  opportunity  to  be 
heard  with  reference  thereto  or  in  denial  thereof. 

Sect.  7.     Paragraph  (b)  of  section  7  of  said  act  is  amended  to  Change  in  rate, 

-  p   11  etc.,   notice  of. 

read  as  follows : 

(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  compli- 
ance with  the  requirements  of  this  section  except  after  thirty  days" 
notice  to  the  commission  and  such  notice  to  the  public  as  the  com- 
mission Avithin  ten  days  after  receipt  of  the  notice  aforesaid  shall 
direct.  The  commission  may  approve  a  general  retroactive  reduc- 
tion in  rates  by  any  public  utility  covering  service  for  which  pay- 
ment has  not  been  made  when  no  discrimination  will  be  caused 
thereby.     In  the  case  of  railroad  corporations  and  public  utilities 


666 


Chapter  145. 


[1913 


Compulsory   pro- 
duction  of   books 
etc. ;    wilfully 
false    statements, 
etc.,    prohibited. 


Right    to    inspect 
and   investigate. 


subject  to  regulation  b}'  the  interstate  commerce  commission,  the 
requirements  relative  to  the  filing  of  schedules  with  the  commission 
and  to  the  publication  thereof  shall  conform  as  nearly  as  may  be 
to  the  requirements  of  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. 

Sect.  8.  Section  8  of  said  act  is  amended  by  adding  thereto  the 
following  paragraphs : 

(c)  The  commission  by  order  may  require  any  railroad  corpora- 
tion or  public  utility  to  produce  within  the  state  at  such  time  and 
place  as  it  may  designate,  any  accounts,  records,  memoranda,  books 
or  papers  kept  in  any  office  or  place  without  the  state,  or  verified 
copies  thereof,  in  order  than  an  examination  thereof  may  be  made 
by  the  commission  or  under  its  direction. 

(d)  No  railroad  corporation  or  public  utility  shall  wilfully 
make  any  false  statement  or  false  entry  in  any  report  to  the  com- 
mission, or  in  any  answer  to  any  question  lawfully  asked  by  the 
commission. 

Sect.  9.  Paragraphs  (b)  and  (c)  of  section  10  of  said  act  are 
amended  to  read  as  follows : 

(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  inquiry  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  tlie  commission.  It  may  at  any  time  personally,  or  by 
its  experts  or  agents,  inspect  the  property,  works,  system,  plant, 
devices,  appliances  and  methods  used  by  any  railroad  corporation 
or  public  utility,  or  the  books,  papers  and  records  of  any  such  rail- 
road corporation  or  public  utility.  Any  expert  or  agent  of  the 
commission,  however,  who  shall  make  a  demand  on  behalf  of  the 
commission  to  be  allowed  to  inspect  as  aforesaid,  shall  produce 
written  authority  to  make  such  inspection  signed  by  the  clerk  or 
assistant  clerk  or  by  some  member  of  the  commission. 

(c)  Upon  complaint  made  b}'  the  city  councilorcity  councils  of  any 
city,  or  by  the  mayor  of  any  city,  or  by  the  selectmen  of  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 
writing  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  in- 
liabitants,  or  of  not  less  than  twenty-five  in  any  other  city  or  town,' 
or  upon  petition  of  a  public  utility  as  to  the  quality  of  the  service 


1913]  Chapter  145.  667 

furnished  by  such  public  utility,  or  that  the  charges  made  therefor 
are  excessive  or  insufficient,  the  commission  shall  investigate  as  to 
the  cause  for  such  complaint,  and,  after  notice  and  hearing,  may 
make  such  order,  if  any,  as  may  in  its  opinion  be  necessary  to  es- 
tablish just  and  reasonable  rates  or  charges  or  as  in  its  opinion 
may  be  necessary  to  require  the  making  of  any  reasonable  and  just 
improvements  in  service  or  methods. 

Sect.  10.     Paragraph  (a)  of  section  11  of  said  act  is  amended  Fixing  railroad 
to  read  as  follows : 

Sect.  11.  (a)  Whenever  the  commission  shall  be  of  opinion, 
after  a  hearing  had  upon  its  own  motion  or  upon  complaint,  that 
the  rates,  fares  or  charges  demanded  or  collected  or  proposed  to  be 
demanded  or  collected  by  any  railroad  corporation  or  public  utility 
for  the  transportation  of  persons  or  property  within  the  state  are 
unjust  or  unreasonable  or  that  the  regulations  or  practices  of  such 
railroad  corporation  or  public  utility  affecting  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  or  public  utility  are  insufficient,  the 
commission  shall  determine  the  just  and  reasonable  or  lawful  rates, 
fares  and  charges  to  be  thereafter  observed  and  in  force  as  the  maxi- 
mum to  be  charged  for  the  service  to  be  performed,  and  shall  fix 
the  same  by  order  to  be  served  upon  all  railroad  corporations  or 
public  utilities  by  which  such  rates,  fares  and  charges  are  there- 
after to  be  observed;  provided,  however,  that  when  any  railroad 
corporation  or  such  public  utility  shall  seek  the  benefit  of  any  order 
of  the  commission  allowing  said  railroad  corporation  or  such  public 
utility  to  charge  and  collect  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  or  such  public 
utility  and  provided,  further,  that  the  commission  shall  not  allow 
iin  increase  above  any  rate  prescribed  or  limited  by  statute. 

Sect.  11.     Paragraph  (b)  of  section  11  of  said  act  is  amended  Reconstruction  of 

T  r<   11  railroads,  etc. 

to  read  as  lollows : 

(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  alteration  or 
reconstruction,  or  that  the  regulations,  practices,  equipment,  ap- 
pliances, or  service  of  any  railroad  corporation  or  public  utility 
operating  as  a  common  carrier  of  passengers  or  freiglit  in  respect 
to  transportation  of  persons  or  property  within  the  state  are  un- 
just, unreasonable,  unsafe,  improper  or  inadequate,  the  commis- 
sion shall  determine  the  reconstruction  or  alteration  reasonably  re- 
quired, or  the  just,  reasonable,  safe,  adequate  and  proper  regula- 
tions, practices,  equipment,  appliances  and  service  thereafter  to 
be  in  force,  or  to  be  provided,  and  shall  fix  and  prescribe  the  same 

14 


668  Chapter  145.  [1913 

bj'  order  to  be  served  upon  every  railroad  corporation  or  such 
public  utility  to  be  bound  thereby;  and  thereafter  it  shall  be  the 
duty  of  every  such  railroad  corporation  or  such  public  utility  to 
observe  and  obey  each  and  every  requirement  of  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  sucli 
order  by  all  of  its  officers,  agents  and  employees. 
Order  for  repara-      Sect.  12.     Said  scctiou  11  of  Said  act  is  further  amended  bv  add- 

fion;   joint  service  ■  .i  j.      .t        p   -,-,        •  ■, 

and  rates;   inter- mg  thereto  the  tollowiug  paragraphs : 

gency "^^Ites.  ^™^'  (^^  Whenever  complaint  has  been  made  to  the  commission  cover- 
ing any  rate,  fare,  charge  or  price  demanded  and  collected  by  any 
railroad  corporation,  and  the  commission  has  found  after  hearing 
and  investigation  that  an  unjustly  discriminatory  rate,  fare,  charge 
or  price  has  been  collected  for  any  service,  the  commission  may 
order  the  railroad  corporation  which  has  collected  the  same  to  make 
due  reparation  to  the  person  who  has  paid  the  same,  with  interest 
from  the  date  of  the  payment  of  such  unjustly  discriminator>' 
amount,  provided,  however,  that  such  order  of  reparation  shall 
cover  only  payments  made  within  two  years  before  the  date  of 
filing  the  petition  asking  to  have  reparation  ordered.  Such  order 
may  be  made  Avithout  formal  hearing  whenever  the  railroad  corpo- 
ration affected  shall  assent  in  writing  thereto,  or  file  or  join  in  a 
petition  therefor,  but  in  no  case  shall  any  such  order  be  made  until 
the  commission  shall  be  satisfied  by  such  investigation  as  may  be 
necessary  that  the  rate.  fare,  charge  or  price  collected  was  in  fact 
unjustly  discriminatory. 

(f)  After  a  hearing  and  investigation,  either  upon  complaint  or 
on  its  own  motion,  the  commission  may  establish  joint  services  to 

^  be  participated  in  by  two  or  more  railroad  corporations,  and  may 

ascertain,  determine  and  fix  just  and  reasonable  rates,  fares,  charges, 
prices,  classifications  and  rules  and  regulations  relating  thereto, 
which  shall  thereafter  be  demanded,  collected,  enforced  and  ob- 
served by  such  railroad  corporations.  The  commission  may  pre- 
scribe the  division  of  such  joint  rates,  fares,  charges,  prices  and 
classifications  between  railroad  corporations  joining  in  such  ser- 
vices whenever  such  division  shall  not  be  made  by  agreement ;  and 
any  division  agreed  upon  shall  be  subject  to  revision  by  the  com- 
mission if  found  to  be  inconsistent  with  the  public  interest,  pro- 
videel,  that  in  establishing  such  through  route,  the  commission  shall 
not  require  any  railroad  corporation,  without  its  consent,  to  em- 
brace in  such  route  substantially  less  than  the  entire  length  of  its 
railroad  and  of  any  intermediate  railroad  operated  in  conjunction 
and  under  a  common  management  or  control  therewith  which  lies 
between  the  termini  of  such  proposed  through  route,  unless  to  do 
so  would  make  such  through  route  unreasonably  long  as  compared 


1913]  Chapter  I4.j.  669 

with  another  practicable  through  route  which  could  otherwise  be 
established. 

(g)  Whenever,  after  hearing  and  investigation,  the  commission 
shall  find  any  joint  rate.  fare,  charge  or  price  demanded  and  col- 
lected for  any  existing  joint  service  participated  in  by  two  or  more 
railroad  corporations  or  public  utilities  to  be  unjust,  unreasonable 
or  discriminatory,  it  shall  fix  the  same  upon  a  just,  reasonable  and 
non-discriminatory  basis,  and  if  the  railroad  corporations  or  public 
utilities  affected  thereby  shall  fail  to  agree  upon  the  division  or 
apportionment  thereof,  the  commission  may  prescribe  the  division 
of  such  joint  rates,  fares,  charges  and  classifications  between  such 
railroad  corporations  or  public  utilities :  and  the  commission  may 
revise  any  division  agreed  upon  which  shall  be  found  inconsistent 
with  the  public  interest.  Whenever  joint  service  has  been  estab- 
lished by  two  or  more  public  utilities,  the  commission  shall  have 
authority  to  prevent  any  unjust  or  unreasonable  termination  of  the 
same,  or  to  order  the  re-establishment  of  such  service  if  so  ter- 
minated. 

(h)  The  commission  may  upon  complaint  investigate  all  existing 
or  proposed  interstate  rates,  fares,  charges,  classifications,  and  rules 
and  regulations  relating  thereto,  where  any  act  thereunder  may  take 
place  within  this  state,  and  when  the  same  are  found  to  be,  in  the 
opinion  of  the  commission,  unjust,  unreasonable,  unjustly  discrimi- 
natory or  otherwise  in  any  respect  in  violation  of  the  provisions  of 
the  act  to  regulate  commerce,  or  of  any  other  act  of  congress,  or  in 
conflict  with  the  rules  and  orders  of  the  interstate  commerce  com- 
mission, or  of  any  other  department  of  the  federal  government,  the 
commission  may  apply  for  relief  by  petition  or  otherwise  to  the 
interstate  commerce  commission,  or  to  any  other  department  of  the 
federal  government,  or  to  any  court  of  competent  jurisdiction. 

(i)  Whenever  the  commission  shall  be  of  the  opinion  that  an 
emergency  exists  it  may  authorize  any  railroad  corporation  or 
public  utility  temporarily  to  alter,  amend  or  suspend  any  existing 
rate,  fare,  charge,  price,  classification,  or  rule  or  regulation  relating 
thereto. 

Sect.  13.     Section  13  of  said  act  is  amended  to  read  as  follows :      Approval  of  pub- 

Sect.  13.     (a)     No  public  utility  shall  commence  within  this '^^i^^flJ^^I' g^X!,- 
state  the  business  of  transmission  of  telephone  or  telegraph  messages  acquisition  of  se- 

'^    _    ,  or-  o        curities     of     other 

or  of  supplving  the  public  with  gas,  electricity  or  water,  or  shall  en-  companies.-  for- 

',     ,.  ^         •       .^  .  j_-'(.  liT  •       <''S"    Utilities    not 

gage  in  such  business  or  begin  the  construction  of  a  plant,  line,  mam  to  be  approved, 
or  other  apparatus  or  appliance  intended  to  be  used  therein  in  any  construction^^  how 
city  or  town  in  which  at  the  time  it  shall  not  already  be  engaged  in  secured, 
such  business,  or  shall  exercise  any  right  or  privilege  under  any 
franchise  hereafter  granted   (or  any  franchise  heretofore  granted 
but  not  heretofore  actuallv  exercised)   in  such  town,  without  first 


670  Chapter  145.  [1913 

having  obtained  the  permission  and  approval  of  the  coniniissiou. 
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  j)rivilege  granted 
under  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  thereafter. 

(b)  Any  public  utility  may  transfer  or  lease  its  franchise,  works 
or  system,  or  any  part  of  such  franchise,  works  or  system,  exercised 
or  located  in  this  state,  or  contract  for  the  operation  of  its  works 
and  system  located  in  this  state  when  the  commission  shall  make  an 
order  assenting  thereto,  but  not  otherwise.  The  commission  shall 
make  such  order  in  any  case  where  it  shall  appear  that  the  pro- 
posed transfer,  lease  or  contract  would  be  for  the  public  good  and 
not  otherwise.  Any  such  attempted  transfer,  lease,  or  contract 
shall  be  void  unless  the  same  shall  have  been  approved  by  the  com- 
mission. 

(c)  No  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  com- 
mission; provided,  hoivever,  that  nothing  in  this  act  shall  in  any 
manner  prevent  a  public  utility  being  in  fact  tlie  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 
contract,  assignment,  transfer,  or  agreement  for  transfer  of  any 
stock  by  or  through  any  person  or  corporation  to  any  corporation  in 
violation  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)  No  permission  under  paragraph  (a)  of  this  section  shall  be 
granted  to  any  corporation  not  organized  undei-  the  laws  of  the 
state  of  New  Hampshire,  and  no  authority  to  transfer  or  lease  the 
franchises,  works  or  system,  or  any  part  of  the  franchises,  works 
or  system  of  any  public  utility  in  this  state  to  any  such  corporation 
shall  be  granted  under  paragraph  (b)  of  this  section,  provided,  how- 
ever, that  the  provisions  of  this  paragraph  shall  not  apply  to  any 
corporation  now  operating  a  public  utility  plant  in  this  state,  or 
doing  or  desiring  to  do  an  interstate  business. 


1913]  Chapter  145.  671 

(e)  Whenever  it  is  necessary,  in  order  to  meet  the  reasonable  re- 
quirements of  service  to  the  public  that  any  railroad  corporation  or 
public  utility  subject  to  supervision  under  this  act  should  construct 
a  line,  branch  line,  extension  or  a  pipe-line,  conduit,  line  of  poles, 
towers  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  peti- 
tion the  commission  for  such  rights  and  easements  or  for  permission 
to  take  such  lands  as  may  be  needed  for  said  purposes.  Said  com- 
mission shall,  upon  due  notice  to  all  parties  in  interest,  hear  and  de- 
termine the  necessity  for  the  right  prayed  for  and  the  compensation 
to  be  paid  therefor,  and  shall  render  judgment  accordingly.  In  the 
case  of  railroad  cori)orations,  the  proceedings  in  said  matters  shall 
be  as  is  provided  in  chapter  158  of  the  Public  Statutes  relating  to 
taking  for  railroad  purposes;  and  any  party  aggrieved  shall  have 
the  same  rights  of  appeal  as  are  therein  provided.  In  the  case  of  a 
public  utility,  the  petition  shall  set  out  the  title  and  the  descrip- 
tion of  the  land  involved,  the  rights  to  be  taken  therein  and  the 
public  use  for  which  the  same  are  desired,  and  a  certified  copy  of 
the  petition  and  final  decree  thereon  shall  be  recorded,  if  said  peti- 
tion shall  be  granted,  in  the  registry  of  deeds  in  the  county  or 
counties  in  which  the  real  estate  affected  thereby  is  located.  Any 
party  aggrieved  by  the  order  of  the  commission  awarding  damages 
may.  within  sixty  days  after  the  entry  of  the  order  and  not  after- 
wards, file  in  the  superior  court  of  the  county  in  which  the  land  is 
located  a  petitioa  to  have  the  damages  assessed  by  a  jury,  upon 
w^hich  petition  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.     Paragraphs  (a)  and  (c)  of  section  14  of  said  act  are  stock  and  bond 

T     ,    .  -,  r,  -,-,  issues   regulated; 

amended  to  read  as  follows :  offer  of  new  stock 

Sect.  14.  (a)  No  railroad  corporation  or  public  utility  shall'"  stockholders. 
issue  any  stock,  bonds,  notes  or  other  evidence  of  indebtedness  pay- 
able more  than  twelve  months  after  the  date  thereof,  without  first 
procuring  an  order  of  the  commission  authorizing  the  same.  Upon 
petition  of  a  railroad  corporation  or  public  utility  the  commission 
shall,  after  public  notice  and  hearing,  determine  the  amount  of  stock 
or  bonds  which  in  its  opinion  is  reasonably  requisite  for  the  pur- 
poses 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  sec- 
retary of  state  a  certificate  setting  out  the  amount  of  the  increase 
which  it  has  authorized,  and  the  purposes  for  which  the  proceeds 


672  Chapter  145.  [1913 

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  cor- 
poration and  public  utility  issuing  stock,  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  com- 
mission shall  require  the  disposition  of  the  proceeds  of  such  issue ; 
provided,  however,  that  no  public  utility  or  railroad  corporation 
subject  to  the  provisions  of  this  act  shall  be  required  to  apply  to 
the  commission  for  authority  to  issue  stock,  bonds,  notes  or  otlier 
evidence  of  indebtedness  except  for  the  acquisition  of  property,  the 
construction,  completion,  extension  or  improvement  of  its  facilities 
or  the  improvement  or  maintenance  of  its  service  within  this  state, 
or  the  discharge  or  refunding  of  its  obligations  or  reimbursement  of 
moneys  actually  expended  for  such  purposes ;  and  provided,  further, 
that  no  unincorporated  person  or  partnership,  being  a  public  utility 
through  the  ownership,  operation  or  management  of  property  de- 
voted to  public  use  but  owned  by  an  unincorporated  person  or 
partnership,  shall  be  required  to  apply  to  the  commission  for  au- 
thority^ to  issue  notes  unless  the  same  are  to  be  secured  by  mortgage 
of  the  property  so  devoted  to  public  use. 

(c)  Whenever  a  railroad  corporation  or  public  utility  shall  in- 
crease its  capital  stock  it  shall,  except  as  hereinafter  provided,  otfer 
the  new  shares  proportionately  to  its  stockholders  at  such  price  not 
less  than  the  par  value  thereof  as  shall  have  been  determined  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  tlian  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  certificate.  The  determination 
by  the  commission  of  the  amount  of  stock  reasonably  requisite  for 
the  purpose  for  which  the  issue  is  made  shall  be  based  upon  the 
price  at  which  such  stock  is  to  be  offered  to  stockholders  as  fixed 
by  the  vote  of  the  stockholders,  provided,  however,  that  the  com- 
mission shall  refuse  to  authorize  any  particular  issue  of  stock  by 
a  railroad  corporation  incorporated  in  New  Hampshire  whose  road 
is  leased  to  or  operated  by  another  railroad  corporation,  if  in  its 


1913]  Chapter  145.  673 

opiiiiou  the  price  fixed  by  tlie  stockholders  is  so  low  as  to  be  in- 
consistent with  the  public  interests. 

Sect.  15.  Paragraphs  (d)  and  (e)  of  said  section  14  of  said  Saio  of  new  stock 
act  are  amended  and  three  new  paragraphs,  (f),  (g)  and  (h),  are  and ''bonds  forVur- 
added,  said  paragraphs  amended  and  added  to  read  as  follows :       pan1es^^ndividu"i 

(d)  When  an  increase  in  capital  stock  does  not  exceed  four  per  I'f'^'i'ty;   increase 

'  .      .  .  ^  .  .  '^         of    capital    beyond 

cent,  of  the  existing  capital  stock  of  the  corporation  the  directors  amount  fixed  by 
may,  without  first  offering  the  same  to  the  stockholders,  sell  the  franchises  and 
new  shares  by  public  auction  to  the  highest  bidder  at  not  less  than  p^'^p^''^^- 
par  value  to  be  actually  paid  in  cash.  If  after  the  expiration  of 
the  notice  to  stockholders  hereinbefore  provided  any  shares  of  the 
new  issue  of  stock  remain  unsubscribed  by  stockholders  entitled  to 
take  them,  the  directors  shall  sell  the  same  by  public  auction  to  tlie 
highest  bidder  at  not  less  than  par  value  to  be  actually  paid  in 
cash.  All  shares  of  stock  to  be  disposed  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  prescribed  by  the  commission, 
and  the  notice  of  the  time  and  place  of  sale  shall  be  published  at 
least  five  times  immediately  preceding  the  time  fixed  for  the  sale, 
in  such  newspapers,  not  less  than  three  in  number,  as  may  be  pre- 
scribed by  the  commission,  unless  the  commission  shall  allow  publi- 
cation in  a  less  number  of  papers  or  a  less  number  of  times. 

(e)  The  commission  may  authorize  a  public  utility  to  issue  its 
stocks  or  bonds  in  payment  for  property  or  stock,  bonds  or  other 
securities  of  like  corporations  which  it  may  lawfully  acquire,  upon 
such  terms  as  the  commission  may  approve,  having  due  regard  to 
the  public  good.  The  commission  in  any  case  when  the  stockholders 
of  a  public  utility,  by  unanimous  vote  of  the  stockholders  present 
and  voting  at  any  regularly  called  meeting,  have  voted  not  to  offer 
a  proposed  new  issue  of  stock  proportionately  to  stockholders,  or  in 
anj^  case  when,  after  such  offer,  stock  remains  unsubscribed  for, 
maj^  authorize  said  proposed  new  issue,  or  said  stock  remaining 
unsubscribed  for,  to  be  disposed  of  otherwise  than  to  stockholders 
or  by  auction,  but  at  not  less  than  par,  to  be  actually  paid  in  cash. 

(f)  Whenever  a  public  utility  incorporated  under  the  laws  of 
this  state  shall  apply  to  the  commission  for  authority  to  issue  any 
stock  for  the  issuing  whereof  the  approval  of  the  commission  is  re- 
quired by  the  provisions  of  this  or  any  other  act,  the  stockholders 
in  such  public  utility  shall  not  become  individually  liable  for  debts 
and  contract  of  the  corporation  under  section  8  of  chapter  150  of 
the  Public  Statutes  if  the  amount  of  stock  which  the  commission 
authorizes  the  corporation  to  issue  upon  any  such  application  is 
paid  in  and  a  certificate  of  the  treasurer  and  a  majority  of  the 
directors  to  that  effect  is  executed,  filed  and  recorded  in  the  man- 
ner provided  by  said  section  8  within  ninety  days  after  the  filing 


t)74  Ch.vpter  145.  [1913 

in  the  ofifice  of  the  secretary  of  state  of  the  order  of  the  commis- 
sion authorizing  the  issue  of  such  stock ;  provided,  in  cases  where 
such  stock  is  an  increase  of  prior  capital,  that  the  whole  amount 
of  the  prior  capital  as  theretofore  fixed  and  limited  by  the  corpora- 
tion, or  so  much  thereof  as  the  stockholders  have  voted  to  issue  or 
as  the  commission  has  authorized  to  be  issued,  has  also  been  paid 
in  and  that  the  certificate  so  filed  by  the  treasurer  and  directors 
shows  that  fact. 

(g)  A  railroad  corporation  or  public  utility  for  the  purpose  of 
supplying  itself  with  working  capital,  may,  when  the  public  good 
will  be  thereby  promoted,  and  with  the  authority  of  the  commission 
as  herein  provided,  increase  its  capital  stock  or  bonds  beyond  the 
amount  fixed  by  its  charter  or  by  any  act  of  the  general  court, 
provided  that  such  in^crease  of  capital  stock  or  issue  of  bonds  shall 
first  be  authorized  by  the  vote  of  a  majority  of  the  stockholders 
present  at  any  meeting  of  the  corporation  duly  called  for  tliat  pur- 
pose, and  further  provided  that  an  increase  of  capital  stock  or  an 
issue  of  bonds  for  the  purpose  of  supplying  such  corporation  with 
working  capital  as  aforesaid  shall  not  be  to  an  amount  exceeding 
five  per  cent,  of  the  par  value  of  its  capital  stock  then  outstanding. 
(h)  A  railroad  corporation  or  public  utility  may  mortgage  its 
property  and  franchises,  present  and   future,  to  secure  the  pay- 
ment of  its  bonds,  including  any  bonds  to  be  thereafter  issued  under 
the  provisions  of  such  mortgage. 
inTestigation  of         Sect.  16.     Scction  15  of  Said  act  is  amended  to  read  as  follows: 
accidents  to  be   '      Sect.  15.      (a)  The  comniissiou  shall  investigate  the  causes  of  all 
leporte  .  accidents  happening  upon  the  railroads  of  the  state  resulting  in  the 

loss  of  life,  and  of  all  other  accidents  happening  upon  said  railroads 
or  in  connection  with  the  operation  of  public  utilities  in  the  state, 
which,  in  the  opinion  of  the  commission,  ought  to  be  investigated. 
Any  such  investigation  may  be  made  by  the  full  commission,  or 
by  a  single  commissioner,  or  by  an  agent  of  the  commission,  in  such 
manner  as  the  commission  may  determine. 

(b)  Every  railroad  corporation  and  public  utility  shall  report  to 
the  commission  accidents  occurring  in  connection  with  the  opera- 
tion of  its  business  wherein  loss  of  life  occurs  or  any  person  is 
injured,  or  of  such  a  nature  as  to  endanger  the  safety,  health  or 
property  of  its  consumers  or  the  public,  as  and  whenever  directed 
by  such  rules  and  regulations  as  the  commission  may  prescribe. 

(c)  Reports  of  accidents  filed  under  the  preceding  paragraph 
shall  not  be  made  public  otherwise  than  in  the  published  reports 
of  the  commission. 

Sec^Srenw"^        Sect.  17.     Said  act  is  further  amended  by  inserting  after  section 
outside  state.         16  a  new  section  as  follows : 

Sect.  17.     No  corporation  engaged  in  the  generation  of  electrical 


1913]  Chapter  145.  675 

energy  by  water  power  shall  engage  in  the  business  of  transmitting 
or  conveying  the  same  beyond  tlie  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  permitting  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  existence  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  granting  such  permission  and 
may  impose  the  condition  that  consumers  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, 
hoiccvcr,  that  nothing  in  this  paragrapli  shall  apply  to  corporations 
now  engaged  in  the  business  of  transmitting  such  electrical  energy 
to  any  place  outside  the  state,  but  any  addition  to  such  energy  gen- 
erated 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  provisions  of  this  paragraph  shall  not  apply  to 
the  transmitting  of  electrical  energy  generated  from  water  powers 
upon  the  Connecticut  river ;  nor  shall  they  prevent  any  railroad 
corporation  doing  business  in  this  state  from  transmitting  electrical 
energy  beyond  the  confines  of  the  state  for  the  purpose  of  opei'a- 
ting  its  road  between  some  point  in  this  state  and  any  point  or 
points  outside  the  state. 

Sect.  18.     Said  act  is  further  amended  bv  inserting  after  said  Failure    to    make 

.  -,     r-  ■  J?   11  reparation,  proced- 

section  1^  SO  inserted,  five  new  sections  as  follows:  ure.  steamboat  in- 

Sect.  18.     Any  railroad  or  public  utility  ordered  to  make  repa-  ports'""'!  ^commas- 
ration  under  the   provisions  of  paragraph    (e)    of  section   11,   as  ^'J'g^J  ^^^^l^^^^.^^ 
amended,  shall  conform  to  said  order  and  make  pavment  as  re-of;   rehearings, 

.  .  when  granted  and 

quired  therein.    Upon  failure  to  make  such  payment  upon  demand,  procedure   there- 

the  amount  ordered  paid  may  be  recovered  with  interest  in  an  ac-  si'ons^repeaied.^' 

tion  of  debt  brought  by  the  person  to  whom  payment  was  ordered. 

except  that  in  the  case  of  costs  ordered  paid  to  the  commission,  suit 

shall  be  brought  in  the  name  of  the  state  of  New  Hampshire.    Like 

action  may  also  be  brought  to  recover  fees  due  the  commission.     In 

any  such  action  brought  to  recover  costs,  fees  or  reparation  ordered, 

the  plaintiff  shall  be  entitled  to  tax  as  costs  all  of  his  necessary 

expenses  in  the  action,  including  reasonable  attorneys'  fees. 

Sect.  19.     Sections  1  and  2  of  chapter  50  of  the  Laws  of  1905.  steamboat  inspec- 
entitled.   ''An  Act  Relating  to   the   Inspection   and   Licensing   of 
Boats,    and    the    Examination    and    Licensing   of    their    Captains, 
Masters,  Engineers  and  Pilots. ""  are  hereby  repealed.    Until  other- 


676 


Chapter  J  45. 


[1913 


Prior    provision 
repealed. 


Reports   of 
commission. 


Prior     provisions 
repealed. 


wise  provided  by  law  the  powers  aud  duties  imposed  by  that  act 
upon  inspectors  appointed  thereunder,  and  upon  the  board  of  rail- 
road commissioners,  shall  be  exercised  and  performed  by  the  public 
service  commission,  and  said  commission,  subject  to  the  same  super- 
vision by  the  governor  and  council  as  shall  be  provided  by  law 
with  reference  to  its  other  employees,  may  employ  such  inspectors 
and  assistants  as  it  may  require  for  the  proper  performance  of  said 
duties.  All  fees  collected  under  the  provisions  of  said  act  shall  be 
paid  into  the  state  treasury  as  provided  by  chapter  164  of  the  Laws 
of  1911,  as  amended  by  this  act. 

Sect.  20.  (a)  Section  17  of  said  act  in  its  original  form  is  re- 
pealed, but  said  repeal  shall  not  affect  the  rights  of  any  party  to 
any  proceeding  pending  in  the  superior  court  at  the  time  of  the 
passage  of  this  act.  Sections  18  and  19  of  said  act  are  amended  by 
renumbering  the  same  as  sections  23  and  24  respectively. 

(b)  Section  20  of  said  act  is  amended  and  renumbered  to  read 
as  follows : 

Sect.  25.  (a)  The  commission  shall  biennially  publish  and  file 
with  the  secretary  of  state  a  report  to  the  governor  and  the  legisla- 
ture not  later  than  December  first  in  the  year  preceding  the  bien- 
nial session  of  the  legislature.  Such  report  shall  contain  such 
account  of  its  proceedings  for  the  two  years  last  preceding  and 
such  suggestions  and  recommendations  as  to  needed  legislation  or 
as  to  other  matters  affecting  railroad  corporations  and  public 
utilities  as  the  commission  may  desire  to  submit. 

(b)  The  commission  may,  from  time  to  time,  subject  to  the  ap- 
proval of  the  governor  and  council,  publish  such  of  its  reports 
and  orders  and  sueli  statistics  aud  other  information  concerning 
railroad  corporations  and  public  utilities  doing  business  in  this 
state  as  the  commission  may  deem  to  be  of  public  interest. 

(c)  Section  21  of  said  act  is  amended  and  renumbered  to  read 
as  follows: 

Sect.  26.  Sections  5  and  6  of  cliapter  155  of  the  Public  Statutes, 
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  sucli  repeal 
shall  not  affect  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. 

(d)  All  acts  and  parts  of  acts  in  any  way  in  conflict  with  this 
act  are  hereby  repealed  so  far  as  they  do  so  conflict,  and  this  act 
shall  take  effect  upon  its  passage,  provided  that  nothing  in  this  act 
shall  be  so  construed  as  to  amend  or  repeal  "An  Act  to  provide  a 
IVIethod  for  adjusting  the  Maximum  Rates  for  Fares  and  Freights  on 
Steam  Railroads,"  approved  April  29.  1913. 


1913]  Chapter  145.  677 

Sect.  21.     All  sums  collected  in  fees  bv  the  commission  or  paid  Fees  and  cosu, 

-,    .  ,  ■  ,  disposition    of. 

to  It  as  costs  shall  be  turned  into  the  state  treasury  at  least  once 
each  month  with  an  itemized  statement  of  the  same,  and  without 
further  legislative  act  shall  stand  appropriated  for  the  support  of 
the  commission,  and  shall  be  available  for  expenditure  by  the  com- 
mission in  the  performance  of  its  duties  under  this  or  any  other 
act ;  and  such  appropriation  shall  not  lapse  at  the  end  of  any  fiscal 
year,  but  shall  continue  to  be  held  subject  to  expenditure  for  the 
purposes  aforesaid  unless  otherwise  provided  by  subsequent  legis- 
lative act. 

Sect.  22.  (a)  Within  twenty  days  after  any  order  or  decision  Rehearings,  when 
has  been  made  by  the  commission,  any  party  to  the  action  or  pro-  cedure  thereoa. 
ceeding,  or  any  stockholder  or  bondholder  or  other  person  pecu- 
niarily interested  in  the  railroad  corporation  or  public  utility 
affected,  may  apply  for  a  rehearing  in  respect  to  any  matter  de- 
termined in  said  action  or  proceeding,  or  covered  or  included  in 
said  order,  specifying  in  the  motion  for  rehearing  the  ground  there- 
for, and  the  commission  may  grant  such  rehearing,  if  in  its  opinion 
good  reason  therefor  is  stated  in  said  motion. 

(b)  Such  motion  shall  set  forth  fully  every  ground  upon  which 
it  is  claimed  that  the  decision  or  order  complained  of  is  unlawful 
or  unreasonable.  No  appeal  from  any  order  or  decision  of  the 
commission  shall  be  taken  by  any  corporation  or  person  unless  such 
corporation  or  person  shall  have  made  application  for  rehearing  as 
herein  provided,  and  when  such  application  shall  have  been  made, 
no  ground  not  set  forth  therein  shall  be  urged,  or  relied  on,  or  given 
any  consideration  by  the  court,  unless  the  court  for  good  cause 
shown  shall  allow  the  appellant  to  specify  additional  grounds. 

(c)  Upon  the  filing  of  such  motion  for  rehearing,  the  commis- 
sion shall  within  ten  days  of  such  filing  either  grant  or  deny  the 
same,  or  suspend  the  order  or  decision  complained  of  pending  fur- 
ther consideration,  and  any  order  of  suspension  may  be  upon  such 
terms  and  conditions  as  the  commission  may  prescribe. 

(d)  Within  thirty  days  after  the  application  for  a  rehearing  is 
denied,  or  if  the  application  is  granted,  then  within  thirty  days 
after  the  decision  on  such  rehearing,  the  applicant  may  appeal  by 
petition  to  the  supreme  court.  Such  petition  shall  state  briefly  the 
nature  of  the  proceeding  before  the  commission,  and  shall  set  forth 
the  order  or  decision  complained  of,  and  the  grounds  upon  which 
the  same  is  claimed  to  be  unlawful  or  unreasonable  upon  which  the 
petitioner  wall  rely  in  the  supreme  court.  Any  person  or  corpora- 
tion whose  rights  may  be  directly  affected  by  said  appeal  may 
appear  and  become  a  party,  or  the  court  may  order  such  persons 
and  corporations  to  be  joined  as  parties  as  justice  may  require. 
Upon  the  filing  of  an  appeal  petition  the  clerk  of  the  court  shall 


678  Chapter  145.  [1913 

issue  an  order  of  notice  requiring  the  commission  to  tile  with  the 
court  a  certified  cop}^  of  the  record  in  the  proceeding,  together  with 
such  of  the  evidence  introduced  before  or  considered  by  the  com- 
mission as  may  be  specified  by  any  party  in  interest,  as  well  as  such 
other  evidence,  so  introduced  and  considered,  as  the  commission 
may  deem  proper  to  certify,  together  with  the  originals  or  copies 
of  all  exhibits  introduced  in  evidence  before  the  commission.  Such 
notice  as  the  court  may  order  shall  also  be  given  to  persons  and 
corporations  who  were  parties  to  the  proceeding  before  the  com- 
mission or  who  may  be  ordered  joined  by  the  court. 

(e)  Upon  the  filing  of  said  certified  copy  of  said  record,  and  evi- 
dence and  exhibits,  the  case  shall  be  in  order  for  argument  at  the 
next  regular  session  of  the  court  unless  the  same  be  postponed  for 
good  cause  shown.  Upon  the  hearing  the  burden  of  proof  shall  be 
upon  the  party  seeking  to  set  aside  any  order  or  decision  of  the 
commission  to  show  that  the  same  is  clearly  unreasonable  or  un- 
lawful, and  all  findings  of  the  commission  upon  all  questions  of 
fact  jn-operly  before  it  shall  be  deemed  to  be  prima  facie  lawful 
and  reasonable,  and  the  order  or  decision  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. 

(f)  No  new  or  additional  evidence  shall  be  introduced  in  tlie 
supreme  court,  but  the  case  shall  be  determined  upon  the  record, 
and  evidence  transferred,  except  that,  in  any  case,  if  it  shall  be 
necessary  in  order  that  no  party  shall  be  deprived  of  any  constitu- 
tional right,  or  if  the  court  shall  be  of  the  opinion  that  justice  re- 
quires the  reception  of  evidence  of  facts  which  have  occurred  since 
the  hearing,  or  which  by  reason  of  accident,  mistake  or  misfortune 
could  not  have  been  offered  before  the  commission,  it  may  receive 
and  consider  additional  evidence.  Such  additional  evidence  may  be 
taken  before  a  single  justice  or  otherwise  as  the  court  may  order. 
All  evidence  transferred  by  the  commission  shall  be  and  all  addi- 
tional evidence  received  may  be,  considered  by  the  court  regardless 
of  any  technical  rule  which  might  have  rendered  the  same  inadmis- 
sible if  originally  offered  in  the  trial  of  an  action  at  law. 

(g)  If  the  court  in  any  case  shall  hear  new  evidence,  such  new 
evidence  shall,  upon  the  motion  of  any  party,  be  transmitted  by 
copy  to  the  commission,  and  all  proceedings  shall  be  stayed  for 
twenty  days  from  the  date  of  such  transmission.  Upon  receipt  of 
such  evidence,  the  commission  shall  consider  the  same  and  may 
alter,  modify,  amend  or  rescind  the  order  or  decision  appealed 
from,  and  shall  report  its  action  thereon  to  the  court  within  said 
twenty  days.  If  the  connnission  shall  rescind  the  order  appealed 
from,  the  appeal  shall  be  dismissed  ;  if  it  sliall   alter,  modify  or 


1913]  Chapter  145  679 

amend  the  same,  such  altered,  moditied  or  amended  ordei-  shall  take 
the  place  of  the  original  order  complained  of,  anil  the  court  sliall 
render  judgment  with  reference  thereto  in  said  appeal  as  though 
said  order  had  been  made  by  the  commission  in  the  first  instance, 
after  allowing  any  amendments  of  the  pleadings  or  otiier  incidental 
proceedings  desired  by  the  parties  which  the  changed  situation  may 
require. 

(h)  No  proceeding  other  than  the  appeal  herein  i)rovided  for 
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.  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. 

(i)  No  appeal  or  other  proceedings  taken  from  an  order  of  the 
commission  shall  suspend  the  operation  of  such  order;  provided, 
however,  that  the  supreme  court  may  order  a  suspension  of  such 
order  pending  the  determination  of  such  appeal  or  other  proceed- 
ing 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  be  suspended  except  upon  conditions  to  be  imposed 
by  the  court  providing  a  means  for  securing  the  prompt  repay- 
ment of  all  excess  rates,  fares  and  charges  over  and  above  the  rates, 
fares  and  charges  which  shall  be  finally  determined  to  be  reason- 
able and  just.  Any  order  of  the  court  suspending  an  order  of  the 
commission  fixing  rates,  fares,  charges  or  prices,  shall,  among  other 
things,  provide  that  the  railroad  corporation  or  public  utility  af- 
fected by  the  order  suspended  shall  keep  such  accounts  as  shall 
suffice  to  show  the  amount  being  collected  by  such  railroad  cor- 
poration or  public  utility,  pending  the  appeal,  in  excess  of  the 
amounts  which  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.  When- 
ever 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  repayment  of  said  excess  may  be 
punishable  as  a  contempt  of  court. 

(j)  The  provisions  of  this  section  shall  not  apply  to  appeals  from 
the  assessment  of  damages  in  eminent  domain  proceedings,  but 
such  appeals  shall  be  taken  and  prosecuted  as  provided  in  section 
13  of  this  act.  or  as  may  be  otherwise  provided  by  law. 


680 


Chapter  146. 


[1913 


Sections  remim-  Sect.  19.  Sectioii  17  of  Said  act  in  its  original  form  is  repealed, 
and  sections  18,  19,  20  and  21  are  amended  by  renumbering  the 
same  as  sections  23,  24,  25  and  26  respectively,  but  the  repeal  of 
said  section  17  shall  not  affect  the  rights  of  any  party  to  any  pro- 
ceeding pending  in  the  superior  court  at  the  time  of  the  passage  of 
this  act. 

Bepeaimg  clause;      Sect.  20.     Chapter  50  of  the  Laws  of  1905,  sections  5  and  6  of 

act   takes   eirect  in 

en  passage.  chapter  155  of  the  Public  Statutes,  and  all  other  acts  and  parts 

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

[Approved  May  19,  1913.] 


CHAPTER  146. 

AN   ACT  ABOLISHING   THE  BOARD  OF  BANK   COMMISSIONERS   AND   CREAT- 
ING THE  OFFICE  OF  BANK  COMMISSIONER. 


Section 

1.  Board    of    commissioners    abolished. 

2.  Bank  commissioner  and  deputy. 

3.  Salaxies. 

4.  Duties   and   powers   of   commissioner. 


Section 

5.  Fees  for  examinations. 

6.  Application    of    appropriations. 

7.  Takes  effect   September    1,    1913. 


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


Bank   commission 
ei  and  deputy. 


Board  abolished.  SECTION  1.  The  tenure  of  officc  of  the  present  board  of  bank 
commissioners  is  hereby  terminated,  and  said  board  of  three  bank 
commissioners  is  hereby  abolished,  and  in  place  thereof,  there  is 
hereby  created  the  office  of  bank  commissioner. 

Sect.  2.  The  governor,  by  and  with  the  advice  and  approval  of 
the  council,  shall  appoint  and  commission  a  competent  bank  com- 
missioner, having  the  qualifications  prescribed  by  section  two  of 
chapter  162  of  the  Public  Statutes,  and  whose  term  of  office  shall 
be  for  five  years  from  the  date  of  his  commission ;  and  shall 
also  appoint  and  commission  a  deputy  bank  commissioner  having 
like  qualifications,  and  for  a  like  term. 

Sect.  3.     The  annual  salary  of  said  bank  commissioner  shall  be 
three  thousand  dollars,  and  of  said  deputy,  sixteen  hundred  dollars, 
payable  in  equal  monthly  payments. 
Duties  and  powers      Sect.  4.     Said  bank  commissioner  shall  perform  the  duties  im- 

of    commissioner.    ^^^^^  ^^  ^-^^  ^^^^  ^^  ^^^^  ^^^^^  -^  ^^^.^^  ^^^^^  p^,-^^.  ^^  ^^^  passage  of 

this  act,  upon  the  board  of  bank  commissioners,  and  shall  have  all 
the  powers  thereby  created ;  and  all  state  banks,  savings  banks  or 
institutions  for  savings,  private  banks,  loan  fund  associations,  trust 


Salaries. 


1913]  Chapter  147.  681 

companies,  loan  and  trust  comi)anies.  loan  and  banking  companies,  / 

and  loan  and  building  associations,  and  all  other  corporations,  sub- 
ject to  examination  or  control  by  the  board  of  bank  commissioners, 
by  virtue  of  the  laws  of  this  state,  in  force  next  prior  to  the  passage 
of  this  act,  shall  be  and  are  hereby  made  subject  in  like  manner  to 
the  bank  commissioner  whose  office  is  hereby  created. 

Sect.  5.  Banks,  companies,  associations,  or  other  corporations.  Fees  for  examina- 
subject  to  examination  by  the  bank  commissioner,  shall  pay  to  the 
treasurer  of  the  state  of  New  Hampshire,  for  each  examination 
made  by  the  bank  commissioner,  a  fee  based  upon  the  following 
table :  Such  as  have  total  assets  amounting  to  less  than  one  million 
dollars,   $25 ;  those   whose  total  assets  are  between  one  and  five  ^ 

million  dollars,  $50;  those  whose  total  assets  are  between  five  and 
ten  million  dollars,  $75;  all  having  total  assets  in  excess  of  ten 
million  dollars.  $100,  payment  thereof  to  be  forthwith  upon  request 
of  the  state  treasurer,  which  shall  be  made  within  thirty  days  after 
the  bank  commissioner  shall  have  given  the  state  treasurer  his  cer- 
tificate of  the  fact  that  such  examination  has  been  completed.  The 
funds  thus  derived  shall  be  applied  to  the  appropriations  for  the 
office  of  bank  commissioner. 

Sect.  6.  The  provision  in  the  budget  bills  so  far  as  appropria-  Application  of  ap- 
tions  are  made  for  the  board  of  bank  commissioners,  shall  apply 
to  the  office  of  bank  commissioner,  and  the  amounts  thereby  ap- 
propriated are  hereby  reduced  as  to  the  appropriation  for  salaries, 
to  the  amount  herein  provided  for  salaries;  and  in  all  other 
respects  to  stand  as  now  existing,  including  $1,000  for  clerical 
expenses. 

Sect.  7.     This  act  shall  take  effect  September  1,  1913.  Takes  effect  Sep- 

^  tember  1,   1913. 

[Approved  May  21,  1913.] 


CHAPTER  14- 


AN   ACT   relating  TO   THE  COMPENSATION  OF   THE  EMPLOYEES  OF   THE 
SENATE  AND  HOl'SE  OF  REPRESENTATIVES. 

Section  I   Section 

1.      Compensation    fixed.  '         2.      Takes    effect    September    1,    1913. 

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

Section  1.     The  compensation  of  the  attaches  of  the  Senate  and  Compensation 
House  of  Representatives  shall  hereafter  be  as  follows:     Sergeant- 
at-arms  and  stenographers,  $4.00  per  day;  messengers,  assistant 


682 


Chapter  148. 


[1913 


Takes    efifect    Sep 
tember  1,   1913. 


messengers,  door-keepers,  telephone  messengers,  custodian  of  mail 
and  supplies,  wardens  and  assistant  wardens,  library  messengers 
and  chaplain,  $3.50  per  day ;  pages,  $2.00  per  day :  each  and  all 
for  six  days  per  week. 

Sect.  2.     This  act  shall  take  eit'ect  September  1,  1913. 

[Approved  May  21,  1913.] 


CHAPTER  148. 


AN    ACT    TO    UNIFY    THE    LAWS    RELATING    TO    THE    ESTABLISHMENT    OP 
POLICE   COMMISSIONS. 


Section 

1.  Application  of  act. 

2.  Appointment   of  commissioners. 

3.  Removal    of    commissioners. 

4.  Duties   of   commissioners. 

5.  Compensation   of   commissioners. 


Section 

6.  Removal   of   police   officers. 

7.  Rules  for  police  government. 

8.  Repealing    clause;     act    takes    effect 

August   1,    1913. 


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


Appointment   of 
commissioners. 


Application  of  act.  SECTION  1.  The  provisious  of  tliis  act  shall  apply  to  the  cities 
of  Manchester,  Nashua,  Portsmouth,  Laconia,  Somersworth,  Dover 
and  Berlin,  and  to  the  town  of  Exeter. 

Sect.  2.  On  or  before  Septem])er  1,  1913,  the  governor  shall 
with  the  advice  and  approval  of  the  council,  appoint  and  com- 
mission for  each  of  said  cities  and  said  town  a  police  commission 
consisting  of  three  persons ;  one  of  whom  shall  hold  office  for  one 
year,  one  for  two  years  and  one  for  three  years  from  September 
1,  1913,  or  until  their  successors  are  duly  appointed  and  qualified. 
Said  commissioners  shall  have  been  residents  of  the  city  or  town 
where  appointed  at  least  five  years  immediately  preceding  the 
date  of  their  appointment.  Not  more  than  two  of  each  of  said 
commissioners  shall  be  of  the  same  political  party.  The  governor 
shall,  annually  on  or  before  the  first  day  of  August  thereafter, 
with  the  advice  and  approval  of  the  council,  appoint  and  commis- 
sion one  commissioner,  who  shall  succeed  the  one  whose  term 
expires  and  avIio  shall  serve  for  three  years  from  September  first 
imless  sooner  removed  as  hereinafter  provided,  and  any  vacancy 
in  said  board  shall  be  filled  in  the  same  manner. 

Sect.  3.  The  governor  with  the  advice  and  approval  of  the 
council  shall  have  full  power  to  remove  any  commissioner  at  any 
time. 


How   removed. 


1913]  Chapter  149.  683 

Sect.  4.     It  shall  be  the  duties  of  said  police  commissioners  to  Duties. 
appoint  such  police  officers,  constables  and  superior  officers,  as 
they  may  in  their  judgment  deem  necessary,  and  to  fix  their  com- 
pensation. 

Sect.  5.     The  compensation  of  the  police  commissioners  shall  Compensation, 
be  fixed  by  the  respective  city  councils  or  the  board  of  select- 
men. 

Sect.  6.     The  police  commissioners  shall  have  authority  to  re-  Removal  of  police. 
move  any  officer  at  any  time  for  just  cause  and  after  due  hearing, 
which  cause  shall  be  specified  in  the  order  of  removal. 

Sect.  7.     The  police  commissioners  shall  have  full  power  to  Police  rules. 
make  all  rules  for  the  government  of  the  police  force  and  to  en- 
force said  rules. 

Sect.  8.     All  acts  or  parts  of  acts  inconsistent  with  this  act  Repealing  clause; 
are  hereby  repealed  and  this  act  shall  take  effect  August  1,  1913.  August  i,  1913. 

[Approved  May  21,  1913.] 

/ 


CHAPTER  149. 


v 


AN  ACT  PROVIDING  FOR  THE  ESTABLISHMENT  IN  THE  PUBLIC  SCHOOLS 
OF  COURSES  IN  AGRICULTURE  AND  THE  DOMESTIC  AND  MECHANIC 
ARTS  AND  FOR  OTHER  EDUCATIONAL  PURPOSES. 


Sectiox 

1.  Superintendent  of  public  instruction, 

appointment  and  salary  of. 

2.  Deputies  provided  for. 


Section 

3.  Duties   of   deputies. 

4.  Repealing  clause ;  act  takes  effect  on 

passage. 


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

Section  1.     Section  1  of  chapter  94  of  the  Public  Statutes  is  Superintendent  of 

.  .        public   instruction. 

hereby  repealed.  There  shall  be  a  superintendent  of  public  in- 
struction who  shall  have  general  supervision  and  control  of  the 
educational  interests  of  the  state  and  who  shall  be  appointed  and 
may  be  removed  by  the  governor,  with  the  advice  of  the  council. 
He  shall  be  paid  such  salary  as  the  governor  and  council  may 
determine,  not  exceeding  four  thousand  dollars  annually. 

Sect.  2.  The  superintendent  of  public  instruction  may  on  or  Deputies. 
before  the  fifteenth  day  of  July,  1913,  appoint  three  deputies,  at 
least  one  of  whom  shall  be  a  woman.  Each  deputy  shall  be  paid 
such  salary  as  the  governor  and  council  shall  determine,  not  ex- 
ceeding twenty-five  hundred  dollars  annually  and  necessary  trav- 
eling expenses. 

15 


684 


Chapters  150,  151. 


[1913 


Duties  of  deputies.  Sect.  3.  The  deputies  aforesaid  shall  be  under  the  direction  of 
the  superintendent  of  public  instruction  and  shall  assist  school 
boards  and  superintendents  in  the  introduction  and  development 
of  courses  in  agriculture  and  the  domestic  and  mechanic  arts  and 
other  vocational  branches,  in  the  improvement  of  school  buildings 
and  equipment,  the  transportation  of  pupils,  and  other  matters 
relating  to  the  promotion  of  popular  education  in  the  state. 

Sect.  4.     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  on 
passage. 


[Approved  May  21,  1913. 


CHAPTER  150. 

AN  ACT  FIXING  THE  TIME  FOR  THE  TALKING  EFFECT  OF  ACTS  PASSED  BY 
THE  PRESENT  SESSION  OF  THE  GENERAL  COURT. 

Section  1.     Acts  take  effect,  when. 

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


When   to   take 
effect. 


Section  1.  Every  act  passed  at  this  session  of  the  general  court 
prior  to  the  fifteenth  day  of  May,  1913,  shall  take  effect  from  said 
fifteenth  day  of  May,  unless  a  different  time  is  therein  limited, 
and  every  such  act  passed  on  or  after  said  fifteenth  day  of  May 
shall  take  effect  upon  its  passage  unless  a  different  time  is  therein 
limited. 


[Approved  May  21,  1913.] 


CHAPTER  151. 


AN  ACT  TO  PROVIDE  FOR  LEGISLATIVE   EXPENSES  FOR  THE   FISCAL  YEAR 
ENDING  AUGUST    31.    1913. 


Sectiox 

1.      Additional  appropriation  of  $18,000. 


Section 

2.      Takes  effect  on  passage. 


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

7 

Appropriation  of        SECTION  1.     The  sum  of  eighteen  thousand  ($18,000)  is  hereby 
appropriated  for  the  fiscal  year  ending  August  31,  1913,  for  legis- 


$18,000. 


1913]  Chapter  152.  685 

lative  expenses  for  said  year ;  this  being  in  addition  to  the  amount 
appropriated  for  said  purpose  by  chapter  197,  session  Laws  of 
1911. 

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

on   passage. 

[Approved  May  21,  1913.] 


CHAPTER  152. 


AN  ACT  IN   AMENDMENT  OF  CHAPTER  22  OF  THE  PUBLIC  STATUTES  RE- 
LATING TO  COUNCILOR  DISTRICTS. 

Section  Section 

1.     New  districts  created.  j         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    22    of    the    Public    Statutes    is    hereby  New  districts 
amended  by  striking  out  sections  2,  3,  4,  5,  and  6,  in  said  chapter, 
and  inserting  in  place  thereof  the  following : 

1.  Councilor  district  number  one  contains  the  counties  of  Coos  no.  i. 
and  Grafton   and  the   county   of   Carroll,   except   the   towns   of 
Brookfield  and  Wakefield. 

2.  Councilor  district  number  two  contains  the  towns  of  Brook- ^'^^  ^• 
field  and  Wakefield,  the  county  of  Strafford,  the  county  of  Rock- 
ingham, except  the  towns  of  Auburn,  Candia,  Chester,  Derry, 
Londonderry,  Raymond,  Salem,  and  Windham,  and  contains  the 
following  towns  in  the  county  of  Belknap :  Alton,  Barnstead, 
Belmont,  Gilford  and  Gilmanton. 

3.  Councilor    district    number    three    contains    the    towns    of  ^'^-  ^■ 
Auburn,   Candia,   Chester,  Derry,  Hooksett,  Londonderry,   Ray- 
mond, Salem,  Windham,  and  the  city  of  Manchester. 

4.  Councilor   district   number    four    contains   the    county    of  Xo.  4. 
Cheshire,   and  the  county   of  Hillsborough,   except   the   city   of 
Manchester. 

5.  Councilor  district  number  five  contains  the  county  of  Sul-  Xo.  5. 
livan,  and  the  county  of  Merrimack,  except  Hooksett,  and  the 
following  towns :   Center  Harbor,  Meredith,  New  Hampton,   San- 
bornton,  Tilton  and  the  city  of  Laconia. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  Repealing  clause; 
are  hereby  repealed  and  this  act  shall  take  effect  upon  its  passage :  on  passage. 
provided,  however,  that  nothing  in  this  act  shall  be  construed  to 
affect  the  present  incumbents  in  office. 

[Approved  May  21,  1913.] 


686  Chapter  153.  [1913 

CHAPTER  153. 

AN  ACT  MAKING  APPROPRIATIONS  FOR  THE  EXPENSES  OF  THE  STATE  OF 
NEW  HAMPSHIRE  FOR  THE  YEARS  ENDING  AUGUST  31.  1914,  AND 
AUGUST   31,   1915. 


Skction 

1.      Additional  appropriations  for  sundry 
purposes. 


Section 

2.     Takes  effect  on  passage. 


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

Additional  appro-  SECTION  1.  The  suiiis  hereinafter  mentioned  are  appropriated, 
dry*purposes.  ^""  to  be  paid  out  of  the  treasury  of  the  state,  for  the  purposes 
specified,  for  the  fiscal  years  ending  August  31,  191-4,  and  August 
31,  1915,  in  addition  to  the  amounts  appropriated  in  house  bills 
544  and  545,  already  enacted  at  this  session  of  the  legislature. 
For  supreme  court  department,  as  follows :  For  year  ending 
August  31,  1914,  $2,300,  for  salaries  of  justices.  For  year  ending 
August  31,  1915,  $2,300,  for  salaries  of  justices.  For  superior 
court  department,  as  follows :  For  salaries  of  justices,  for  year 
ending  August  31,  1914,  $2,300.  For  salaries  of  justices,  for  year 
ending  August  31,  1915,  $2,300.  New  Hampshire  state  sanato- 
rium, as  follows:  For  maintenance  for  year  ending  August  31, 
1914,  $8,000.  For  maintenance  for  year  ending  August  31,  1915, 
$8,000.  Public  instruction  department,  as  follows:  Salaries  as 
required  under  house  bill  263 :  Salary  of  superintendent  for  year 
ending  August  31,  1914,  $1,000.  Salary  of  superintendent  for 
year  ending  August  31,  1915,  $1,000.  Salaries  of  deputies  for 
year  ending  August  31,  1914,  $6,500.  Salaries  of  deputies  for 
year  ending  August  31,  1915,  $6,500.  Traveling  expenses  for  year 
ending  August  31,  1914,  $1,400.  Traveling  expenses  for  year  end- 
ing August  31,  1915,  $1,400.  Probate  court  department,  as  fol- 
lows :  Salary  of  judge  of  probate  court  for  Coos  county  for  year 
ending  August  31,  1914,  $300.  Salary  of  judge  of  probate  court 
for  Coos  county  for  year  ending  August  31,  1915,  $300.  Deaf, 
dumb  and  blind  departments:  For  support  and  education  for 
each  year  ending  August  31,  1914,  and  1915,  the  sum  of  $2,000. 
Takes  effect  Sect.  2.     Tliis  act  shall  take  effect  upon  passage. 


on   passage. 


[Approved  May  21,  1913.] 


1913]  Chapter  154.  ^  687 

CHAPTER  154. 

AN  ACT  REtil'IRING  THE  PAYMENT  OF  CERTAIN  MONEYS  INTO  THE  STATE 

TREASURY. 


Section 

1.     Certain  moneys  to  be  paid  into  Mate 
treasury. 


Section 

2.  For   what  purposes  available. 

3.  Takes   effect   September   1,    1913. 


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

Section  1.  All  departments  of  state  or  state  institutions  re- Certain  moneys  to 
ceiving  money  for  the  state,  from  sources  outside  of  the  state  treasury. 
treasury,  shall  pay  the  same  into  the  state  treasury  monthly,  with 
a  full  and  detailed  statement  thereof,  including  the  date  of  and 
source  from  which  the  same  was  received,  and  the  consideration 
therefor.  Such  accounts  shall  be  stated  in  detail  in  the  report 
of  the  state  treasurer ;  but  shall  be  stated  only  by  properly  classi- 
fied totals,  in  departmental  reports. 

Sect.  2.  ^Moneys  received  by  the  state  treasurer  as  provided  in  For  what  pur- 
section  1  shall  be  available  for  the  general  revenue  of  the  state,  ^'^^^  ^^^' " 
and  the  full  amount  allowed  for  maintenance  of  each  such  institu- 
tion and  department  shall  be  appropriated  by  each  legislature 
for  the  biennial  period  next  following:  Provided  that,  to  obviate 
any  deficiency  which  would  otherwise  accrue  to  institutions  be- 
cause of  the  application  of  this  statute  during  the  biennial  period 
from  September  1,  1913,  to  September  1,  1915,  all  moneys  received 
by  the  state  treasurer  during  said  biennial  period,  from  the  New 
Hampshire  School  for  Feeble  ]\Iinded,  State  Sanatorium,  Keene 
Normal  School,  and  Plymouth  Normal  School,  shall  be  available, 
in  so  far  as  they  may  be  needed,  for  the  use  of  the  institution 
from  which  they  were  received,  in  addition  to  the  general  appro- 
priation already  authorized,  to  be  paid  out  upon  the  warrant  of 
the  governor. 

Sect.  3.     This  act  shall  take  effect  September  first.  1913.  i^^^es  effect  sep- 

^  tember  1,   1913. 

[Approved  May  21,  1913.] 


688  Chapter  155.  [1913 

CHAPTER  155. 

AN  ACT  FOR  THE  PROTECTION  OF  FOREST  PROPERTY  FROM  FIRE  ORIGINAT- 
ING  ALONG   RAILROADS    AND    HIGHWAYS. 


Section' 

5.  Forestry    commission    has     right     of 

entry. 

6.  Disposal    of    slash    by    lumber    opera- 


Section 

1.  Spark  arresters,  etc.,  on  locomotives. 

2.  Railroad    employees    may    be    deputy 

fire  wardens. 

3.  Railroads  to  promulgate  instructions.  ■  tors. 

4.  Railroads  may   clear   brush,    etc.,   on  :  7.      Takes  effect   on   passage. 

adjoining  land;   procedure.  j 

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

Spark  arresters,  SECTION  1.  Every  railroad  eoiiipany  or  corporation  operating 
motives!  °*'°  locomotives  within  the  state  shall,  subject  to  the  approval  of  the 
public  service  commission,  equip  and  maintain  in  good  condition  a 
spark  arrester  and  a  suitable  ash  pan  on  every  engine,  except  such 
engines  as  are  operated  by  oil  or  electricity ;  and  shall  require  its 
employees  operating  such  engines  to  exercise  due  care  to  keep 
such  devices  in  good  order  and  to  prevent  the  escape  of  live  coals 
or  sparks  which  may  cause  fires  along  the  right  of  way ;  and  shall 
subject  to  the  approval  of  the  public  service  commission,  make 
and  enforce  regulations  for  the  giving  of  fire  signals  and  notifi- 
cations of  the  existence  and  location  of  fires  along  the  right  of 
way  to  its  employees.  In  carrying  out  this  section,  the  public 
service  commission  may  serve  orders  and  enforce  compliance  with 
such  orders  as  provided  in  chapter  164,  Laws  of  1911,  and  amend- 
ments thereto. 
Railroad  employ-  Sect.  2.  The  state  foTcstcr  is  hereby  authorized  to  appoint  as 
fite  ward^ns^^^^*''  dcputy  foTcst  fire  wardcus  the  section  foremen  or  such  other  rail- 
road employees  as  the  authorized  officials  of  the  railroad  may 
recommend.  Such  deputies  when  so  appointed  shall  be  vested 
with  the  powers  and  duties  of  deputy  forest  fire  wardens  as  pro- 
vided in  chapter  128,  Laws  of  1909,  and  amendments  thereto,  ex- 
cept as  such  powers  and  duties  are  limited  or  extended  by  this 
*  act.  Railroad  deputies  thus  appointed  shall  extinguish  and  su- 
pervise the  fighting  of  forest  and  brush  fires  originating  along 
the  railroad  right  of  M^ay,  but  shall  not  be  required  to  supervise 
the  fighting  of  fires  which  do  not  originate  along  the  right  of 
way.  The  forestry  commission  shall  instruct  all  wardens  and 
other  employees  of  the  forestry  department  to  co-operate  with 
the  railroad  deputies  in  the  prevention  and  extinguishment  of 
railroad  fires,  to  immediately  notify  the  nearest  station  agent  or 
railroad  deputy  upon  the  discovery  of  a  fire  along  the  right  of 
way,  and  to  combat  such  fire  until  the  railroad  deputy  or  other 


1913]  Chapter  155.  689 

railroad  official  shall  assume  charge.  A  railroad  deputy  who 
receives  notice  of  the  existence  of  a  fire  adjacent  to  the  right  of 
way  shall  proceed  forthwith  to  extinguish  it.  All  just  and  proper 
expenses  incurred  in  extinguishing  forest  or  brush  fires  caused 
by  the  railroad  company  or  its  employees  shall  be  paid  by  such 
railroad  company ;  but  the  fact  that  such  payment  has  been  made 
shall  not  be  admissible  as  evidence  that  such  fire  was  so  caused. 

Sect.  3.  Railroad  companies  shall  promulgate  among  their  em-  Railroads  to  pro- 
ployees  instructions  for  the  prevention  and  extinguishment  oftbnf.** 
fires  along  tlie  right  of  way ;  and  shall,  through  the  railroad  depu- 
ties or  other  officials,  organize  and  maintain  a  system  of  patrol 
during  dry  weather  along  the  sections  of  its  right  of  way  where 
there  is  danger  of  fire.  The  fact  that  a  section  of  the  right  of 
way  was  not  patrolled  shall  not  be  admissible  as  evidence  of  negli- 
gence to  debar  such  railroad  from  insurance  on  property,  as  pro- 
vided in  chapter  159  of  the  Public  Statutes. 

Sect.  4.     Railroad  companies  shall  have  the  right,  subject  to  Ra''™ads  may 

.  .  11  clear  brush,   etc., 

the  provisions  of  this  section,  to  enter  upon  forest  or  brush  land  on  adjoining  land, 
adjacent  to  the  right  of  way,  without  liability  for  trespass,  for 
the  purpose  of  clearing  brush,  grass  and  inflammable  material 
from  such  land  for  a  distance  of  twenty-five  feet  from  the  railroad 
right  of  way,  but  shall  not  remove  valuable  timber  growth  with- 
out recompense  to  the  owner.  Prior  to  making  such  a  clearing, 
the  railroad  company  shall  give  tlie  owner  thereof  notice  of  its 
intention  by  letter  deposited  in  the  United  States  mail  to  his  last 
known  address,  and  thereafter  by  publishing  said  notice  at  least 
once  in  two  papers  of  general  circulation  in  the  county.  Said 
notice  shall  quote  section  4  of  this  act.  If  the  owner  shall  not 
file  an  objection  to  such  clearing  with  the  public  service  commis- 
sion Avithin  fifteen  days  from  the  date  of  such  publication,  he  shall 
be  deemed  to  have  given  consent.  Upon  the  filing  of  such  an  ob- 
jection by  an  owner,  the  public  service  commission  shall  notify 
the  owner  the  time  and  place  when  he  may  appear  to  show  cause 
why  such  clearing  should  not  be  done.  After  a  hearing,  the 
public  service  commission  may  sustain  the  objection  or  permit 
the  clearing  to  be  done  and  may  prescribe  the  extent  and  methods 
of  any  and  all  such  clearings.  The  public  service  commission 
may  require  the  assistance  of  the  forestry  commission  and  the 
state  forester  in  furnishing  information  pertinent  to  the  carrying 
out  of  this  section. 

Sect.  5.     The  forestry  commission  or  its  authorized  agents  shall  Right  of  entry. 
have  the  right  to  enter  upon  railroad  or  other  property  to  ascer- 
tain facts  in  regard  to  the  carrying  out  of  this  act,  and  from  time 
to  time  shall  report  such  facts  to  the  public  service  commission. 


690  Chapter  156.  [1913 

Disposal  of  slash      Sect.  6.     On  and  after  July  first,  1913,  any  person,  firm  or 

by    lumber    opera-  , .  ...  i  i         i  .  t  . 

tore.  corporation  cutting  wood  or  lumber  on  property  adjacent  to  the 

right  of  way  of  any  railroad  within  the  state  shall  dispose  of 
the  slash  caused  by  such  cutting  in  such  a  manner  that  the  in- 
flammable material  shall  not  remain  on  the  ground  within  twenty- 
five  feet  of  any  railroad  right  of  way.  Any  operator  of  wood 
or  timber  on  such  land,  or  any  owner  of  such  land  where  cutting 
is  done  may  be  fined  not  more  than  ten  dollars  for  each  acre  of 
such  land  or  fraction  thereof  from  which  the  inflammable  material 
is  not  properly  disposed  of  within  sixty  days  from  the  cutting 
of  the  trees  thereon ;  provided  that  any  owner  or  operator  who 
cuts  wood  or  timber,  during  the  winter,  after  November  first, 
shall  have  until  May  first  in  Grafton,  Carroll,  and  Coos  counties 
and  until  April  first  in  other  counties  to  remove  the  slash  in  ac- 
cordance with  the  provisions  of  this  section.  If  such  slash  is  de- 
stroyed by  burning,  such  burning  shall  be  done  with  permission 
of  the  town  forest  fire  warden.  The  forestry  commission  is  hereby 
charged  with  the  execution  of  this  section,  and  all  owners  or 
operators  shall  be  required  to  use  due  care  in  clearing  such  land 
and  shall  not  be  relieved  of  liability  of  damage  imposed  by  chap- 
ter 128,  Laws  of  1909,  and  amendments  thereto.  But  no  owner 
of  such  land  shall  be  liable  for  damages  resulting  from  fires  not 
set  by  himself  or  his  agents. 

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


on  passage. 


[Approved  May  21,  1913.] 


CHAPTER  156. 


AN  ACT  RELATINtx  TO  THE  HOURS  OP  L.A30R  FOR  WOMEN. 


Section 

1.  Maximum  periods  of  employment  for 

certain   industries. 

2.  Employers  to  post  notices. 


Section 

3.  Evidence  of  violation. 

4.  Penalty    for   violation. 

5.  Takes   effect  January    1,    1914. 


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

Maximum  periods      SECTION  1.     No  female  and  no  minor  shall  be  employed  or  l)e 

of  employment  for  •,111^  ^     •  j?^-  i-i" 

certain  industries,  permitted  to  work  in  any  manutactunng,  mechanical  or  mercan- 
tile establishment,  laundry  or  restaurant,  or  confectionery  store, 
or  by  any  express  or  transportation  company,  in  this  state,  more 
than  ten  and  one  quarter  hours  during  any  one  day  or  more 
than  fifty-five  hours  in  any  one  week.     The  hours  may  be  so  ar- 


1913]  Chapter  156.  691 

ranged  as  to  permit  the  employineiit  of  females  arany  time,  but 
they  shall  not  work  more  than  ten  and  one  quarter  hours  during 
the  twenty-four  hours  of  any  one  day,  nor  more  than  fifty- 
five  hours  during  one  week.  If.  however,  any  part  of  a  female's 
daily  emplojnnent  is  performed  between  the  hours  of  eight 
o'clock  p.  m.  and  six  o'clock  a.  m.  of  the  following  day, 
all  the  employment  shall  be  considered  night  work,  and  no  such 
female  so  employed  at  night  work  shall  be  employed  or  permitted 
to  work  thereat  more  than  eight  hours  in  any  twenty-four  hours 
nor  more  than  forty-eight  hours  during  the  week.  If  any  such 
female  is  employed  not  more  than  one  night  in  the  week  (after 
eight  o'clock  as  herein  provided)  then  such  female  may  be  per- 
mitted to  work  fifty-five  hours  in  any  such  week.  Provided  that 
at  least  one  hour  for  dinner  be  allowed  each  female  during  her 
working  period,  but  no  part  of  such  hour  shall  be  considered 
as  a  part  of  the  peimiitted  period  of  daily  employment. 

Sect.  2.     Every  employer  shall  post  in  a  conspicuous  place  in  Employers  to  post 
every  room,  where  such  females  are  employed,  a  printed  notice  ^'^  **^* 
stating  the  hours  of  commencing  and  stopping  such  work,  the 
time  allowed  for  dinner  or  other  meals,  and  the  maximum  number 
of  hours  any  female  employee  is  permitted  to  work  in  any  one 
day. 

Sect.  3.     The  employment  of  any  female  in  any  such  place  or  Evidence  of  vioia- 
establishment,  as  defined  in  sub-section  1,  of  this  section,  at  any  *'*"*" 
time  other  than  those  of  the  posted  hours  of  labor,  as  hereinbefore 
provided  for,  shall  be  prima  facie  evidence  of  a  violation  of  this 
act. 

Sect.    4.     Any   person   or   corporation   violating   any    provision  Penalty. 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
a  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars. 

Sect  5.     This  act  shall  take  effect  January  1,  1914.  Takes  effect 

.January  1,  1914. 

[Approved  May  21,  1913.] 


692  Chapter  J57.  [1913 

CHAPTER  157. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  23  OF  THE  PUBLIC  STATUTES,  RE- 
LATING TO  SENATORIAL  DISTRICTS. 


Section 

1.      New  senatorial  districts  created. 


Sectiox 

2.      Repealing  clause;  act  takes  effect  on 
passage. 


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

New  districts  SECTION    1.     Chapter    23    of    tlie    Public    Statutes    is    hereby- 

amended  by  striking  out  all  after  section  1  in  said  chapter,  and 
inserting  in  place  thereof  the  following: 

^'°'  ^'  Sect.    2.     Senatorial    district    number    one    contains    Berlin, 

Clarksville,  Colebrook,  Dummer,  Errol,  Milan,  Pittsburg,  Stew- 
artstown,  and  Wentworth's  Location. 

^°-  ^-  Sect.  3.     Senatorial  district  number  two  contains  Bethlehem, 

Carroll,  Columbia,  Dalton,  Jefiferson,  Lancaster,  Lisbon,  Little- 
ton, Northumberland,  Stark,  Stratford,  and  "Whitefield. 

No.  3.  Sect.  4.      Senatorial  district  number  three  contains  Bath,  Ben- 

ton, Campton,  Easton.  Ellsworth,  Franconia,  Groton,  Haverhill, 
Holderness,  Landatf,  Lincoln,  Livermore,  Lyman,  Monroe,  Ply- 
mouth, Rumney,  Thornton,  Warren.  "Waterville,  Wentworth,  and 
Woodstock. 

No.  4.  Sect.    5.     Senatorial    district   number    four    contains    Albany, 

Bartlett,  Brookfield,  Chatham,  Conway,  Eaton,  Effingham,  Free- 
dom, Gorham,  Hart's  Location,  Jackson,  ]\Iadison,  Moultonbor- 
ough,  Ossipee,  Randolph,  Sandwich,  Shelburne,  Tamworth,  Tuf- 
tonboro,  Wakefield,  and  Wolfeboro. 

No.  5.  Sect.  6.     Senatorial  district  number  five  contains  Alexandria, 

Ashland,  Bridgewater,  Bristol,  Canaan,  Dorchester,  Enfield,  Gran- 
tham, Hanover,  Hebron,  Lebanon,  Lyme,  New  Hampton,  Orange, 
Orford,  Piermont,  Plainfield. 

No.  6.  Sect,  7.     Senatorial  district  number  six  contains  Alton,  Barn- 

stead.  Belmont,  Center  Harbor.  Gilford.  Gilmanton.  Laconia.  ]\Iere- 
dith,  and  Sanbornton. 

No.  7.  Sect.  8.     Senatorial  district  number  seven  contains  Andover, 

Boscawen,  Wards  one  and  two  of  Concord,  Canterbury,  Danbury, 
Franklin,  Grafton,  Hill,  Northfield,  Tilton,  and  Wilmot. 

No.  8.  Sect.  9.     Senatorial  district  number  eight  contains  Acworth, 

Charlestown,  Claremont,  Cornish,  Croydon,  Goshen,  Langdon, 
Lempster,  Newbury.  New  London.  Newport,  Springfield,  Sunapee, 
and  Unity. 

No.  9.  Sect.   10.     Senatorial   district   number  nine   contains  Antrim, 

Bradford,  Wards  three  and  seven  of  Concord,  Deering,  Frances- 


1913]  Chapter  157.  693 

town.    Henuiker,    Hillsborough,    Hopkinton,    Salisbury,    Sutton, 
Warner,  Webster,  and  Windsor. 

Sect.    11.     Senatorial   district   number   ten    contains   Alstead,  No.  lo. 
Chesterfield,  Gilsum,  Keene,  Marlow,  Nelson,  Roxbury,  Stoddard, 
Sullivan,  Surry,  Walpole,  Washington,  and  Westmoreland. 

Sect.  12.     Senatorial  district  number  eleven  contains  Benning-No.  ii. 
ton,  Dublin,  Fitzwilliam,  Hancock,  Harrisville,  Hinsdale,  Jaffrey, 
Marlborough,  Peterborougli,  Ixichmond,  Rindge,  Sharon,  Swanzey, 
Troy,  and  Winchester. 

Sect.  13.     Senatorial  district  number  twelve  contains  Amherst,  No.  12. 
Brookline,  Greenfield,  Greenville,  Hollis,  Lyndeborough,  Mason, 
Merrimack,  Milford,  Mont  Vernon,  Wards  one  and  two  of  Nashua, 
New  Ipswich,  Temple,  and  Wilton. 

Sect.  14.     Senatorial  district  number  thirteen  contains  AVards  No.  13. 
three,  four,  five,  six,  seven,  eight  and  nine  of  Nashua. 

Sect.  15.     Senatorial  district  number  fourteen  contains  Aliens-  No.  14. 
town,  Bedford,  Bow,  Chichester,  Dunbarton,  Epsom,  Goffstown, 
Hooksett,  Loudon,  New  Boston,  Pembroke,  Pittsfield,  and  Weare. 

Sect.   16.     Senatorial   district   number   fifteen   contains   Wards  No.  15. 
four,  five,  six,  eight  and  nine  of  Concord. 

Sect.  17.     Senatorial  district  numbered  sixteen  contains  Wards  No.  le. 
one,  two  and  three  of  Manchester. 

Sect.  18.     Senatorial  district  number  seventeen  contains  Wards  No.  17. 
four  and  five  of  Manchester. 

Sect.  10.     Senatorial  district  number  eighteen  contains  Wards  No.  13. 
six  and  seven  of  Manchester. 

Sect.  20.     Senatorial  district  number  nineteen  contains  Wards  No.  19. 
eight  and  nine  of  Manchester. 

Sect.  21.     Senatorial  district  number  twenty  contains  Farming- No.  20. 
ton,    Middleton,    Milton,   New   Durham,    Rochester,    Somersworth, 
and  Strafford. 

Sect.  22.     Senatorial  district  number  twenty-one  contains  Bar-  No.  21. 
rington,  Dover,  Durham,  Lee,  IMadbury  and  Rollinsford. 

Sect.  23.     Senatorial  district  number  twenty-two  contains  Au-  ^o-  22. 
burn,  Candia,  Chester,  Deerfield,  Derry,  Epping,  Hudson,  Litch- 
field.  Tjondonderry,   North  wood,   Nottingham,   Pelham,   Raymond, 
and  Windham. 

Sect.  24.     Senatorial  district  number  twenty-three  contains  At-  No.  23. 
kinson,  Brentwood,  Danville,   East  Kingston,  Exeter,  Fremont, 
Hampstead,  Hampton,  Hampton  Falls,  Kensington,  Kingston,  New- 
fields,  Newton,  North  Hampton,  Plaistow,  Rye,  Salem,   Sandown, 
Seabrook,  and  South  Hampton. 

Sect.    25.     Senatorial    district    number    twenty-four    contains  No.  24. 
Greenland,   Newcastle,   Newungton,   Newmarket,   Portsmouth,   and 
Stratham. 


694 


Chapter  158. 


[1913 


Repealing  clause;      Sect.  2.     All  acts  and  parts  of  acts  inconsistent  herewitli  are 

act  takes  effect  on  ,  ,  i      ,  •  zv. 

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

provided,  however,  that  nothing  in  this  act  shall  be  construed  to 
**  affect  the  present  incumbents  in  office. 

[Approved  May  21,  1913.] 


CHAPTER  158. 

AN  ACT  TO  PROVIDE  FOR  THE  ISSUANCE  OF  BONDS  TO  COMPLETE  THE 
BUILDING  OF  THE  TRUNK  LINE  HIGHWAYS,  AS  PROVIDED  BY  CHAPTER 
35,  LAWS  OF  1905,  ENTITLED  "aN  ACT  TO  PROVIDE  FOR  STATE  AID 
AND  FOR  THE  EXPEiNDITURE  OF  OTHER  PUBLIC  MONEY^S  IN  THE  PER- 
MANENT IMPROVEMENTS  OF  MAIN  HIGHWAYS  THROUGHOUT  THE 
state/'  and  to  PROVIDE  FOR  THE  CONSTRUCTION  OF  THE  SOUTH 
SIDE  ROAD. 


Section 

1.  South   Side  road  authorized. 

2.  Route,  how  determined. 

3.  Limitation  of  state  aid  to  towns. 

4.  Reimbursement  of   cities   and  towns. 

5.  Apportionment    of    funds. 

6.  Maintenance. 


Section 

7.  Official  powers  and  duties. 

8.  Bond     issue     authorized ;     proceeds, 

how  expended. 

9.  Disbursement     of     funds;     repealing 

clause;       act       takes       effect       on 
passage. 


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


South    Side   road 
authorized. 


Route,    how   de- 
termined. 


Limitation  of  state 
aid. 


Section  1.  The  governor  and  council  shall  forthwith  designate 
for  improvement,  by  suitable  description,  a  continuous  highway 
from  a  point  on  the  Connecticut  river,  at  Tucker's  Bridge  in  the 
town  of  AValpole,  thence  through  the  town  of  Acworth,  thence 
through  the  city  of  Keene  to  a  point  on  the  ^lerrimack  Valley 
road  in  the  city  of  Nashua ;  thence  over  the  Merrimack  Valley 
road  to  a  point  in  the  city  of  ]\Ianchester ;  thence  to  a  point  on 
the  East  Side  road  in  the  city  of  Portsmouth,  and  file  the  same 
with  the  secretary  of  state,  which  highway  shall  be  knoAvn  as 
the  South  Side  road. 

Sect,  2.  The  route  of  such  highway  may  be  changed  from 
existing  highways  by  the  governor  and  council  to  such  extent  as 
in  their  opinion  the  public  good  may  require,  and  for  that  pur- 
pose, they  are  authorized  to  designate  such  changes,  to  take  and 
purchase  land  and  have  damages  assessed  therefor  in  accordance 
with  the  provisions  of  chapter  35  of  the  session  Laws  of  1905. 

Sect.  3.     No  city  or  town  through  which  such  highway  is  des- 


1913]  Chapter  158.  695 

ignated  to  pass  shall  receive  any  state  aid  for  highway  improve- 
ments except  on  such  highway  until  said  improvements  shall  have 
been  completed  within  such  city  or  town.  No  part  of  the 
funds  hereby  provided  shall  be  used  within  the  compact  part  of 
any  city  or  town  having  a  population  of  two  thousand  live  hun- 
dred or  more,  such  compact  part  to  be  determined  by  the  governor 
and  council. 

Sect.  4.     Cities  and  towns  through  M'hich  such  highway  shall  Epimbursement  of 
pass,  shall  receive  from  the  funds  hereby  provided  one-half  the 
cost  of  such  improvements  within  their  limits ;  and  such  further 
sums  may  be  paid  to  towns  unable  to  pay  that  proportion  as  in 
the  opinion  of  the  governor  and  council  may  be  equitable. 

Sect.  5.     The  governor  and  council  shall  apportion  the  fund  Apportionment  of 

.  .  funds. 

hereby  provided  to  the  several  towns  through  winch  such  high- 
way shall  pass.  In  making  such  apportionment  preference  shall 
be  given  to  such  parts  heretofore  under  state  aid,  and  to  such 
parts  as  shall  be  in  such  condition  as  to  require  immediate  im- 
provement. 

Sect.  6.     Said  highway,  after  improvements  are  made  as  herein  Maintenance. 
provided,  shall  be  maintained  in  the  manner  provided  by  chapter 
35,  Laws  of  1905,  for  the  maintenance  of  trunk  lines. 

Sect.  7.     In  carrying  out  the  provisions  of  this  act,  all  state,  official  powers 
city,  and  town  officers  shall  have  all  the  powers  and  duties  con- """ 
ferred  upon  them  by  chapter  25  [35],  Laws  of  1905,  and  in  their 
judicial  and  administrative  acts  be  governed  by  the  provisions  of 
said  chapter,  except  as  otherwise  provided  herein. 

Sect.  8.  The  treasurer  of  the  state  is  hereby  authorized,  under  Bond  issue  author- 
the  direction  of  the  governor  and  council,  to  issue  bonds  or  certifi- how  expended.' 
cates  of  indebtedness  in  the  name  and  on  behalf  of  the  state 
to  an  amount  not  exceeding  three  hundred  thousand  dollars,  pa.y- 
able  in  such  sums  and  at  such  times,  not  exceeding  thirty  years 
from  their  date,  as  the  governor  and  council  shall  determine. 
They  shall  bear  interest  not  to  exceed  three  and  one  half  (3i/^%) 
per  cent,  per  annum,  payable  semi-annually,  and  have  interest 
coupons  attached  to  each  bond,  and  shall  not  be  taxable 
when  held  by  residents  of  this  state.  Said  bonds  and  coupons 
shall  be  signed  by  the  treasurer,  and  be  made  payable  at  such 
place  or  places  as  the  governor  and  council  shall  designate.  Such 
bonds  shall  be  called  highway  bonds  and  shall  be  countersigned 
by  the  governor,  and  shall  be  deemed  a  pledge  of  the  faith  and 
credit  of  the  state.  The  secretary  of  state  shall  keep  an  account 
of  all  such  bonds  countersigned  by  the  governor,  showing  the 
number  and  amount  of  each  bond,  the  time  of  countersigning, 
the  time  when  payable,  and  the  date  of  delivery  to  the  treasurer. 
The  treasurer  shall  keep  an  account  of  each  bond,  showing  the 


696  Chapter  159.  [1913 

number  thereof,  the  name  of  the  person  to  whom  sold,  the 
amount  received  for  the  same,  the  date  of  sale,  and  the  time 
when  payable.  The  treasurer  may  negotiate  and  sell  such  bonds 
by  direction  of  the  governor  and  council  in  such  manner  as  they 
may  determine  most  advantageous  to  the  state,  but  no  bond  shall 
be  sold  for  less  than  its  par  value,  nor  shall  such  bond  be  loaned, 
pledged  or  hypothecated  in  any  way  whatever  in  behalf  of  the 
state.  One  hundred  thousand  dollars  of  the  proceeds  of  the  sale 
of  said  bonds  shall  be  available  for  the  construction  of  the  high- 
way to  be  designated  under  the  provisions  of  this  act,  and  the 
balance  of  said  proceeds  shall  be  available  for  the  completion  of 
the  three  continuous  highways  from  the  Massachusetts  state  line 
northerly,  known  as  trunk  lines.  The  proceeds  of  the  sale  of  said 
bonds  shall  be  held  by  the  treasurer,  and  paid  by  him  upon  war- 
rant drawn  by  the  governor  for  the  purposes  of  this  act,  but  no 
proceeds  shall  be  used  for  the  maintenance  of  highways  or  for 
any  purpose  except  permanent  construction  or  improvement  and 
necessary  expenditures  in  the  administration  of  this  act. 
Disbursement  of  Sect.  9.  The  govemor  is  hereby  authorized  to  draw  his  war- 
ciause';  act  takes  rant  for  the  payment  of  any  sum  or  sums  of  money  provided  for 
on  passage.   -^^^  ^j^^^  ^^^  ^^^^  ^£  ^^^  mouey  in  the  treasury.    All  acts  and  parts 

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

[Approved  May  21.  1913.] 


CHAPTER  159. 


AN  ACT  IN  AMENDMENT  OF  SECTIONS  2  AND  6  OP  CHAPTER  128  OF  THE 
LAWS  OF  1909,  AS  AMENDED  BY  CHAPTER  166  OF  THE  LAWS  OF  1911, 
RELATING  TO  FOREST  PROTECTION. 


Section 

1.      State  forester  may  employ  assistants, 
etc. 


Section 

2.      Fire  districts  and  district  chiefs. 


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

State  forester  may        SECTION  1.       ScCtioU  2  of  SCCtioU  1   of  chapter  166,  LaWS  of  1911, 

employ  assistants,  ^^^^^-^j^  2,  chapter  128,  Laws  1909,  as  amended  by  chapter  166, 
Laws  1911,]  is  hereby  amended  by  adding  after  the  words, 
''performance  of  his  official  duties"  in  line  7,  the  following:  and 
Avithin  the  limits  of  the  appropriation,  may  hire  such  field  and 


1913]  Chapter  159.  697 

office  assistants  as  in  the  judgment  of  the  commission  is  necessary 
for  the  proper  execution  of  his  duties;  and  upon  terms  approved 
by  the  forestry  commission,  may  enter  into  co-operation  with  de- 
partments of  the  federal  government  for  the  promotion  of  for- 
estry work  within  the  state,  so  that  said  section  2  as  amended 
shall  read:  Sect.  2.  The  forestry  commission  shall  appoint  a 
state  forester  to  serve  at  the  will  of  the  commission  at  a  salary  to 
be  fixed  by  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  expenses  in  the  necessary  performance  of  his  official  duties 
and  within  the  limits  of  the  appropriation,  may  hire  such  field 
and  office  assistants  as  in  the  jvidgment  of  the  commission  is 
necessary  for  the  proper  execution  of  his  duties,  and  upon  terms 
approved  by  the  forestry  commission,  may  enter  into  co-opera- 
tion with  departments  of  the  federal  government  for  the  promo- 
tion of  forestry  Avork  Avithin  the  state.  It  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  action  as  is 
authorized  by  law  to  prevent  and  extinguish  forest  fires  and  do 
other  work  which  the  forestry  commission  may  undertake  for 
the  protection,  improvement  and  extension  of  forests.  He  shall, 
as  far  as  his  other  duties  may  permit,  carry  on  an  educational 
course  of  lectures  within  the  state,  and  may  conduct  exhibits  on 
forestry  at  fairs  within  the  state.  He  may,  under  the  direction 
of  the  forestry  commission,  conduct  investigations  within  the 
state  on  forestry  matters  and  publish  for  distribution  literature 
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  ex- 
tension. Such  report  shall  contain  an  itemized  statement  of  all 
expenses  incurred  or  authorized  by  the  state  forester  or  by  the 
forestry  commission. 

Sect.  2.  Section  6  of  section  1  of  chapter  166,  Laws  of  1911.  Fire  districts  and 
[section  6,  chapter  128,  Laws  1909,  as  amended  by  chapter  166,  '^'''"''  *'''''^'- 
Laws  1911,]  is  hereby  amended  by  striking  out  the  said  section 
6  and  inserting  therefor  the  following:  Sect,  6.  The  state  for- 
ester shall,  under  the  direction  of  the  forestry  commission,  divide 
the  state  into  not  more  than  four  fire  districts,  fixing  the  bound- 
aries of  such  districts  according  to  efficiency  of  supervision, 
and  may  appoint  a  district  chief  in  each  district.  Said  district 
chief  shall  serve  at  the  will  of  the  state  forester  and  shall  be 


698 


Chapter  160. 


[1913 


allowed  such  wages  and  expenses  as  may  be  fixed  by  the  forestry 
commission  within  the  limits  of  the  appropriation.  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  warden 
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. 

[Approved  May  21,  1913.] 


CHAPTER  160. 


AN  ACT  TO  PROVIDE  FOR  THE  LAYING  OUT  AND  CONSTRUCTION  OP  A 
HIGHWAY  TO  CHRISTINE  LAKE  OR  NORTH  POND  IN  THE  TOWN  OF 
STARK. 


Section 

1.  Commission    to   lay    out    highway. 

2.  General    law    applicaible. 

3.  Public  landing  for  boats. 

4.  Appropriation  of  $500. 


Section' 

5.  Act   void  in  certain   contingency. 

6.  Subject    to    repeal ;    takes    effect    on 

passage. 


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


Commission  to  lay 
out  highway. 


General  law  appli- 
cable. 


Public  landing  for 
boats. 


.Appropriation    of 
$500. 


Section  1.  The  governor,  with  advice  of  his  council,  shall  ap- 
point a  commission  of  three  persons  to  lay  out  a  highway  begin- 
ning 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  Wentworth  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. 

Sect.  2.  Said  highway  shall  be  laid  out  in  accordance  with 
the  provisions  of  chapter  70  of  the  Public  Statutes  of  the  State 
of  New  Hampshire. 

Sect.  3.  A  suitable  landing  for  the  purpose  of  launching  l)oats 
and  mooring  the  same  to  said  landing,  shall  be  constructed  on 
the  shore  and  waters  of  Christine  lake  or  North  pond  at  the  ter- 
minus of  said  highway  to  be  laid  out  as  aforesaid,  and  all  persons 
desiring  to  fish  in  said  lake  may  fasten  their  boats  to  said  landing. 

Sect.  4.  The  sum  of  five  hundred  dollars  ($500),  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  for  the  ex- 


1913]  .  Chapter  161.  699 

pense  of  laying  out  and  building  said  highway,  and  constructing 
said  landing. 

Sect.  5.  This  act  shall  become  null  and  void  providing  that  the  Act  void  in  cer- 
Percy  Summer  Club  shall,  on,  or  before  June  1,  1913,  convey  to**'"  contingency. 
the  State  of  New  Hampshire  the  most  easterly  of  the  old  high- 
ways leading  from  Percy  to  Christine  lake,  with  the  right  to  build 
a  suitable  landing  for  the  purpose  of  launching  and  mooring  boats 
to  the  same  on  the  shore  and  waters  of  Christine  lake  at  the  ter- 
minus of  said  highway,  and  southwesterly  of  the  boat  house  as 
now  located. 

Sect.  6.     This  act  may  be  repealed,  amended,  or  altered  when- Subject  to  repeal; 
ever  the  public  good  may  require,  and  this  act  shall  take  effect  passage, 
upon  its  passage. 

[Approved  May  21,  1913.] 


CHAPTER  161. 


AN   ACT  TO   REGULATE   THE   PRINTING  AND   DISTRIBUTION   OF   THE  GEN- 
ERAL AND  PUBLIC  LAWS. 


Section 

1.     Under      control      of      governor     and 
council. 


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.     The  manner  of  printing  and  distributing  the  gen-  Ho-w  controlled. 
eral  and  public  acts  of  the  legislature,  is  hereby  vested  in  the 
governor  and  council. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  herewith,  are  Repealing  clause; 
liereby  repealed,  and  this  act  shall  take  effect  upon  its  passage.       pLsa^ge!^  e  ec  o 

[Approved  :\[ay  21.  1913.] 


16 


700 


Chapter  162. 


[1913 


CHAPTER  162. 


AN  ACT  TO  ESTABLISH  A  STATE  HIGHWAY  CONNECTING  THE  MERRIMACK 
VALLEY  ROAD  WITH  THE  MASSACHUSETTS  HIGHWAY  AT  THE  MASSA- 
CHUSETTS STATE  LINE  AT  SALEIM,  NEW  HAMPSHIRE. 


Section 

1.  Rockingham  road   authorized. 

2.  Route,  how  determined. 

3.  Limitation  of  state  aid. 

4.  Reimbursement   of   cities   and   towns. 

5.  Apportionment  of  funds. 

6.  Immediate  improvement. 


Section 

7.  Taxation    of    town    refusing    to    pay 

share. 

8.  Maintenance  after  improvement. 

9.  Powers  of  governor  and  council. 

10.  Appropriation  of  $20,000. 

11.  Takes    effect    on   passage. 


Rockingham    road 
authorized. 


Route, 
termined. 


how 


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

Section  1.  The  governor  and  council  shall  forthwith  designate 
for  improvement  by  suitable  description  a  continuous  highway 
from  a  point  in  Manchester  to  a  point  on  the  Massachusetts  state 
line  at  Salem,  and  file  the  same  with  the  secretary  of  state.  Starts 
ing  from  the  ]Merrimack  Valley  road  at  Manchester,  going  through 
Derry  Depot,  so-called,  in  the  town  of  Derry  and  through  Salem 
Depot,  so-called,  in  the  town  of  Salem  to  the  Massachusetts  state 
line.  Said  highway  shall  be  known  as  Rockingham  road, 
de-  Sect.  2.  The  route  of  such  highway  may  be  changed  from  ex- 
isting highways  by  the  governor  and  council  to  such  extent  as 
in  their  opinion  the  public  good  may  require,  and  for  that  pur- 
pose the}^  are  authorized  to  designate  such  changes,  to  take  or 
purchase  land  and  have  damages  assessed  therefor  in  accordance 
with  the  provisions  of  chapter  35  of  the  session  Laws  of  1905. 

Sect.  3.  No  city  or  town  through  which  said  highway  is  desig- 
nated to  pass  shall  receive  any  state  aid  for  highway  improve- 
ments except  on  such  highway  until  said  improvements  thereon 
shall  have  been  completed  within  such  city  or  town.  No  part 
of  the  funds  hereby  provided  shall  be  used  within  the  compact 
part  of  any  city  or  town  having  a  population  of  twenty-five 
hundred  or  more,  such  compact  part  to  be  determined  by  the  gov- 
ernor and  council. 
Reimbursement  of  Sect.  4.  Citics  and  towus  through  which  such  highway  shall 
cities  and  towns.   ^^^^  ^^^^^^  reccivc  from  funds  herein  provided  one  half  of  the  cost 

of  such  improvements  within  their  limits. 
Apportionment  of  Sect.  5.  The  govemor  and  council  shall  apportion  the  fund 
hereby  to  the  several  towns  through  which  said  highway  shall 
pass.  In  making  such  apportionment  preference  shall  be  given  to 
such  parts  of  said  highway  as  have  not  heretofore  been  improved 
under  state  aid,  and  to  such  portions  as  shall  be  in  such  condition 
as  to  require  immediate  improvement. 


Limitation  of  state 
aid. 


funds. 


1913]  Chapter  163.  701 

Sect.  6.  If,  in  the  opinion  of  the  governor  and  council,  any  immediate  im 
part  or  parts  of  said  highway  shall  be  in  such  condition  as  to 
require  immediate  improvement,  the  money  hereby  appropriated 
may  be  used  wholly  or  in  part  in  improving  such  part  or  parts, 
and  the  governor  and  council  shall  have  authority  to  make  all 
contracts  necessary  for  such  immediate  improvement. 

Sect.  7.     If  any  town  or  city  neglects  or  refuses  to  pay  one  Taxation  of  town 
half  the  cost  of  such  improvements  on  said  highway  within  its^*^^^'"^  ° ''^^' 
limits,  one  half  the  cost  thereof  may  be  added  to  the  state  tax 
of  that  town  for  the  next  year.    In  such  case  said  one  half  shall 
not  exceed  an  average  of  twenty-five  hundred  dollars  per  mile 
of  road  improved. 

Sect.  8.     Said  highway,  after  improvements  are  made  as  herein  Maintenance. 
provided  for,  shall  be  maintained  in  the  same  manner  provided 
by  chapter  35  of  the  Laws  of  1905  for  the  maintenance  of  high- 
ways improved  by  the  expenditures  of  joint  funds. 

Sect.  9.     In  carrying  out  the  provisions  of  this  act  the  governor  powers  of^goyer- 
and  council  and  the  officers  of  towns  and  cities  shall  have  all  the  "^"^  ^°    counci . 
powers  and  duties  conferred  on  them  by  chapter  35  of  the  Laws 
of  1905.     All  improvements  shall  be  made  in  accordance  with 
said  chapter,  except  as  otherwise  provided  herein. 

Sect.  10.     The  sum  of  twenty  thousand  dollars  is  hereby  ap-  Appi-opriation  of 
propriated  to  carry  out  the  provisions  of  this  act. 


$20,000. 


Sect.  11.     This  act  shall  take  efi'ect  on  its  passage.  Takes  effect 

'■  on  passage. 

[Approved  May  21,  1913.] 


CHAPTER  163. 


AN   ACT   CREATING   A   DEPARTMENT   OF    AGRICl'LTURE,    AND    ABOLISHING 

CERTAIN   BOARDS. 

Section  I  Section 

1.  Department    of    agriculture   created.  ,  6.      Enforcement   of   laws;    annual   report 

2.  Commissioner    of    agriculture.  i  of    commissioner. 

3.  Districts    and    district    boards.  |  7.      Disposition    of   moneys   received. 

4.  Duties    of    commissioner.  8.      Transfer  of   appropriations. 

5.  Certain  boards  and  offices  abolished:  9.      Repealing    clause:     act    takes    effect 

deputy  commissioners  provided  for.    ,  September    1,    1913. 

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

Section  1.     There  is  hereby  created  a  department  for  promoting  Department  of 
the  agriculture  of  the  state  in  all  its  varied  branches,  and  which  "^^'^^'^''^^e. 
shall  be  known  as  the  department  of  agriculture. 


702  Chapter  163.  [1913 

Commissioner  of  Sect.  2.  There  shall  be  appointed  by  the  governor,  by  and  with 
pf[ntmenrand^  the  advice  and  approval  of  the  council,  a  state  commissioner  of 
salary.  agriculture,  whose  official  title  shall  be  commissioner  of  agricul- 

ture, and  who  shall  give  bond  to  the  state,  with  surety  or 
sureties  approved  by  the  governor  and  council,  in  the  sum  of  ten 
thousand  dollars,  and  who  shall  qualify  by  taking  the  oath  of  office 
before  the  secretary  of  state  within  ten  days  after  his  appointment. 
He  shall  hold  office  for  three  years,  and  until  his  successor  is  ap- 
pointed and  qualified.  His  salary  shall  be  thirty-five  hundred 
dollars  per  annum,  payable  in  monthly  installments ;  and  he  shall 
be  allowed  his  actual  expenses  when  on  official  duty  elsewhere  than 
in  the  office  of  the  department,  the  same  to  be  verified  by  proper 
vouchers  and  audited  by  the  state  auditor.  He  may,  subject  to  the 
approval  of  the  governor  and  council,  employ  office  assistants  for 
said  department,  at  an  expense  not  to  exceed  eighteen  hundred 
dollars  annually. 
Agricultural  dis-  Sect.  3.  The  State  shall  be  divided  into  three  agricultural  dis- 
boards.'"*^  '^''*"'*  tricts  as  follows :  The  counties  of  Coos,  Grafton,  Carroll  and  Bel- 
knap shall  comprise  district  number  one ;  the  counties  of  Strafford, 
Rockingham  and  so  much  of  Merrimack  and  Hillsborovigh  as  lie  on 
the  easterly  side  of  the  Merrimack  river  shall  comprise  district 
number  two;  the  counties  of  Sullivan,  Cheshire  and  the  remaining 
portions  of  Hillsborough  and  Merrimack,  including  the  town  of 
Hill,  shall  comprise  district  number  three.  The  governor,  by  and 
with  the  advice  and  approval  of  the  council,  shall  appoint  six  prac- 
tical agriculturalists,,  two  of  whom  shall  reside  in  each  of  the  fore- 
going districts,  who  shall  constitute  an  advisory  board  of  the  de- 
partment of  agriculture.  They  shall  be  appointed  and  commis- 
sioned for  one  and  three  years  respectively,  and  shall  hold  office  for 
the  period  specified  in  their  commission  and  until  their  successors 
are  appointed  and  qualified.  All  appointments  after  the  expiration 
of  those  whose  terms  are  limited  for  one  year,  shall  be  for  two 
years.  They  shall  receive  four  dollars  per  day  for  such  time  as  they 
are  actually  engaged  in  the  performance  of  their  duties,  and  their 
actual  and  necessary  expenses  while  performing  official  duty,  to  be 
verified  by  proper  vouchers,  and  to  be  audited  and  approved  by- 
the  state  auditor.  They  shall  attend  institute  meetings  held  within 
their  district  and  render  to  the  commissioner  of  agriculture,  such 
aid  as  he  may  deem  suitable.  They  shall  meet  at  the  office  of  the 
commissioner  of  agriculture  as  often  as  once  in  two  months,  and 
shall  advise  with  the  commissioner  of  agriculture  as  to  the  work  of 
said  department.  In  case  of  inability  of  any  deputy  commissioner 
of  agriculture  to  perform  his  official  duties,  the  commissioner  of 
agriculture  may  direct  some  member  of  the  advisory  board  to  tem- 
porarily perform  the  duties,  and  for  such  service  he  shall  be  allowed 


1913]  Chapter  163.  703 

four  dollars  per  day  and  his  actual  expenses,  subject  to  the  ap- 
proval of  the  state  auditor. 

Sect.  4.     It  shall  be  the  duty  of  the  commissioner  of  agriculture  Duties  of  commis- 
to  devote  his  entire  time  to  the  duties  of  his  office,  in  the  promo-  ^'°°®'^' 
tion  of  every  agricultural  interest  of  public  importance.     To  this 
end,  he  shall  hold  one  or  more  farmers'  institute  meetings  in  each 
county  annually  and  at  least  one  state  meeting.    All  such  meetings 
shall  be  open  to  all  citizens  of  the  state  and  interests  related  to  the  ^ 

department,  and  the  co-operation  of  all  other  farm  or  kindred 
organizations  seeking  the  development  of  agriculture  in  any  of  its 
branches  shall  be  encouraged.  He  shall  co-operate,  so  far  as  may 
be  practicable,  with  the  extension  work  of  the  New  Hampshire 
College  of  Agriculture  and  the  Mechanic  Arts,  and  shall  provide 
courses  of  study  of  one  week  or  more  to  be  pursued  in  connection 
with  the  county  institute  meetings  of  those  counties  offering  satis- 
factory co-operation.  These  courses  shall  be  accompanied  by  dem- 
onstration, M'henever  practicable,  and  shall  cover  the  fundamental 
principles  underlying  one  or  more  departments  of  farming,  includ- 
ing domestic  science  and  art,  dairy  science  and  practice,  horticul- 
ture, pomology,  vegetable  gardening,  floriculture,  poultry  farming, 
apiculture,  forestry,  the  combatting  of  insects  and  other  foes  to 
agriculture,  soil  testing,  animal  and  plant  nutrition,  tillage,  the 
philosophy  of  crop  rotation  and  kindred  subjects.  For  the  purpose 
of  teaching  such  branches,  at  institute  meetings,  the  commissioner 
of  agriculture  shall  appoint  capable  teachers  of  the  science  of  agri- 
culture in  its  practical  application  to  the  various  departments  of 
the  farm  and  its  allied  work.  Said  department  shall  be  open  to  all 
who  are  engaged  within  this  state  in  any  form  of  agriculture  or 
forestry  in  any  of  their  branches,  or  any  allied  vocation,  for  advice, 
either  in  person  or  through  correspondence,  as  to  any  matter  in- 
volving such  interests,  and  to  that  end,  he  shall  gather,  tabulate, 
index  and  keep  on  file,  statistics  giving  information  of  public  in- 
terest, upon  the  subject-matters  of  his  department.  The  commis- 
sioner of  agriculture  shall,  in  co-operation  with  the  state  superin- 
tendent of  public  instruction,  prepare  an  elementary  course  in 
agriculture  for  use  by  such  pupils  in  approved  secondary  schools 
as  may  elect  to  pursue  the  same ;  and  also  such  courses  of  elemen- 
tary work  for  the  lower  grades  as  may  properly  prepare  pupils 
for  the  course  pursued  in  approved  secondary  schools ;  and  he  shall, 
in  co-operation  with  the  state  superintendent  of  public  instruction 
and  the  principals  of  the  normal  schools  within  the  state,  prepare 
a  suitable  course  which  shall  be  open  to  normal  school  students. 

Sect.  5.     The  official  duties  existing  next  prior  to  the  passage  certain  boards 
of  this  act,  upon  the  part  of  the  cattle  commission;  the  state  agent jg,"^^ . "^p^^^^  p^^; 
for  the  suppression  of  gypsy  and  brown-tail  moths ;  and  the  state  missioners. 


704 


Chapter  163. 


[1913 


Enforcement  of 
laws;  report  of 
commissioner. 


Disposition    of 
moneys  received. 


board  of  agriculture  and  of  its  secretary,  are  hereby  made  a  part 
of  the  duties  of  the  office  of  the  commissioner  of  agriculture ;  and 
the  tenure  of  office  of  said  board  of  agriculture ;  the  cattle  commis- 
sion ;  and  the  state  agent  for  the  suppression  of  gypsy  and  brown- 
tail  moths  is  hereby  terminated  and  the  office  of  said  board,  com- 
missions and  agent  is  hereby  abolished.  The  commissioner  of  agri- 
culture, shall,  with  the  approval  of  the  governor  and  council, 
appoint  a  deputy  commissioner  who  shall  have  the  powers  and  per- 
form the  duties  heretofore  required  of  the  cattle  commission ;  and  a 
like  deputy  who  shall  have  the  powers  and  perform  the  duties  here- 
tofore required  of  the  agent  for  the  suppression  of  gypsy  and 
brown-tail  moths ;  and  their  compensation  shall  be  fixed  by  the  gov- 
ernor and  council ;  and  they  shall  be  allowed  their  actual  expenses 
when  on  official  duties  elsewhere  than  in  the  office  of  the  depart- 
ment, to  be  verified  by  proper  vouchers  and  audited  by  the  state 
auditor.  In  all  matters  pertaining  to  the  suppression  of  gypsy 
and  brown-tail  moths,  the  department  shall  co-operate,  so  far  as 
may  be  practicable,  with  the  New  Hampshire  College  of  Agricul- 
ture and  the  Mechanic  Arts. 

Sect.  6.  The  commissioner  of  agriculture  shall  co-operate  with 
the  attorney-general  and  county  solicitors  in  enforcing  the  laws 
relating  to  farm-foods  adulteration,  the  pure-seed  laws,  the  fer- 
tilizer laws  and  such  other  laws  as  relate  to  the  subject-matter  of 
this  department.  He  shall  collect  and  publish  information  relative 
to  the  agricultural  resources  of  the  state,  and  disseminate  such  in- 
formation throughout  the  country  in  such  ways  as  may  be  ap- 
proved by  the  governor  and  council.  He  shall,  annually,  between 
September  first  and  October  thirty-first,  submit  a  report  to  the 
governor  and  council,  which  shall  include  an  account  of  the  general 
work  of  the  department,  the  institute  work,  the  special  teaching, 
and  that  of  the  heads  of  the  various  departments  under  his  juris- 
diction, and  such  other  information  pertaining  to  the  department 
as  may  be  of  public  and  general  interest.  He  shall  include  such 
recommendations  for  legislative  action  as  the  premises  may  demand. 
He  shall  also  include  in  his  report  a  statement  of  the  total  amounts 
of  all  expenditures,  so  classified  as  to  show  the  amount  expended 
in  support  of  the  several  departments  of  work  covered,  and  he 
shall  also  include  therein  an  account  stating  by  properly  classified 
totals,  all  moneys  received  from  sources  other  than  the  state  treas- 
ury. The  report  shall  be  distributed  to  the  town  and  public 
libraries  of  the  state  and  to  farmers,  agriculturalists,  and  others 
desiring  it. 

Sect.  7.  All  moneys  received  officially  by  the  commissioner  of 
agriculture,  from  sources  outside  the  state  treasury,  shall  be  turned 
over  to  the  state  treasury  in  monthly  payments,  with  an  account 


19]3] 


Chapter  164. 


705 


showing  the  date  when  and  the  source  from  which  the  same  was 
received,  and  the  consideration  therefor. 

Sect.  8.  The  provisions  of  the  budget  bills,  so  far  as  appropria-  Transfer  of  appro- 
tions  are  thereby  made  for  the  board  of  agriculture,  the  cattle  com-  ^'^'''  '°"^' 
mission,  and  the  department  for  the  suppression  of  the  gypsy  and 
brown-tail  moths,  are  hereby  made  applicable  to  the  department 
of  agriculture  hereby  created,  and  to  the  sub-division  thereof,  ex- 
cepting in  so  far  as  they  conflict  with  the  salaries  and  clerical  ex- 
penses hereby  fixed,  as  to  which  the  provisions  hereof  shall  prevail, 
and  such  shall  be  paid  out  of  the  treasury  on  the  w^arrant  of  the 
governor,  and  any  unexpended  balance  thereof  shall  lapse  at  the 
end  of  three  years  from  the  passage  hereof.  The  books  of  the 
office  shall  be  at  all  times  open  to  inspection  by  the  governor  and 
council,  the  state  auditor,  and  state  treasurer. 

Sect.  9.     All  acts  or  parts  of  acts  inconsistent  with  this  act,  are  Repealing  clause; 
hereby  repealed,  and  this  act  shall  take  effect  September  first,  nine- on  pa^sage^  ^"^' 
teen  hundred  and  thirteen. 

[Approved  May  21,  1913.] 


CHAPTER  164. 


AN  ACT  TO  AMEND  SECTION  1  OF  CHAPTER  29,   SESSION  LAWS  OP   1905, 
RELATING  TO  THE  LICENSING  OF  FIRE  INSURANCE  BROKERS. 


Section 

1.  Fire    insurance    brokers,    licenses    to, 

how  granted  and  revoked. 

2.  Prior   act   repealed. 


Section 

3.     Repealing    clause;     act    takes    effect 
January  1,    1914. 


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


Section  1.     Amend  section  1  of  chapter  29  of  the  Laws  of  1905  Fire  insurance 
by  striking  out  the  whole  of  said  section  and  by  inserting  in  place  to,  how'  granted 
thereof  the  following :     Section  1.     The  insurance  commissioner  ^"'^  revoked. 
may  upon  the  payment  of  ten  dollars  issue  to  any  suitable  person 
resident  in  this  state,  or  resident  in  any  other  state  granting  fire 
insurance  brokers'  licenses  to  residents  of  this  state,  a  license  to 
act  as  a  fire  insurance  broker  to  negotiate  contracts  of  fire  insurance 
or  reinsurance  or  place  risks  or  effect  fire  insurance  or  reinsurance 
with  any  qualified  domestic  fire  insurance  company  or  its  agent,  or 
wath  the  authorized  agent  in  this  state  of  any  foreign  fire  insurance 
company  duly  admitted  to  do  business  in  this  state  upon  the  fol- 


706  Chapter  164.  [1913 

lowing  conditions:  the  applicant  for  such  a  license  shall  file  with 
the  insurance  commissioner  an  application  which  shall  be  in  wri- 
ting upon  a  form  to  be  provided  by  the  commissioner,  and  shall  be 
executed  by  the  applicant  under  oath  and  kept  on  file  by  the  in- 
surance commissioner.  Such  application  shall  state  the  name,  age, 
residence  and  occupation  of  the  applicant  at  the  time  of  making 
application,  his  occupation  for  the  five  years  next  preceding  the 
date  of  filing  the  application,  and  shall  state  that  the  applicant 
intends  to  hold  himself  out  and  carry  on  business  in  good  faith  as 
a  fire  insurance  broker,  and  shall  give  such  other  information  as  the 
commissioner  may  require.  The  application  shall  be  accompanied 
by  a  statement  upon  a  blank  furnished  by  the  insurance  commis- 
sioner as  to  the  trustworthiness  and  competency  of  the  applicant, 
signed  by  at  least  three  reputable  citizens  of  this  state.  If  the  in- 
surance commissioner  is  satisfied  that  the  applicant  is  trustworthy 
and  competent  and  intends  to  hold  himself  out  and  carry  on  busi- 
ness in  good  faith  as  a  fire  insurance  broker,  he  shall  issue  to  him 
the  license  applied  for.  The  commissioner  may  at  any  time  after 
the  granting  of  a  broker's  license,  for  cause  shown,  and  after  a 
hearing,  determine  that  the  licensee  has  not  complied  with  the 
insurance  laws  or  is  not  trustworthy  or  competent,  or  is  not  holding 
himself  out  and  actually  carrying  on  business  as  a  fire  insurance 
broker,  or  is  not  a  suitable  person  to  act  as  such  broker,  and  he 
shall  thereupon  revoke  the  license  of  such  broker  and  notify  him 
that  his  license  has  been  revoked.  A  broker's  license  shall  remain 
in  force  until  the  first  day  of  the  next  April  after  its  issue,  unless 
sooner  revoked  by  the  insurance  commissioner  for  cause.  The  com- 
missioner shall  publish  a  notice  of  the  revocation  of  a  broker's 
license  in  such  manner  as  he  deems  proper  for  the  protection  of  the 
public.  No  fee  for  the  license  aforesaid  shall  be  required  of  any 
agent  of  a  foreign  fire  insurance  company  whose  license  fees  as 
such  agent  amount  to  ten  dollars,  and  in  case  his  license  fees  as  such 
agent  are  less  than  ten  dollars,  then  he  shall  be  required  to  pay  such 
amount  as  with  such  fees  shall  amount  to  ten  dollars.  Brokers' 
licenses  issued  on  applications  as  herein  provided  may,  in  the  dis- 
cretion of  the  insurance  commissioner,  be  renewed  upon  the  pay- 
ment of  the  proper  fees  without  his  requiring  anew  the  details  re- 
quired in  the  original  application. 
Prior  act  repealed.  Sect.  2.  Chapter  61  of  the  Laws  of  1911  is  hereby  repealed. 
Repealing  clause;  Sect.  3.  All  acts  and  parts  of  acts  inconsistent  with  the  provi- 
act  takes  effect  '  gj^j^g  ^f  ^j^jg  ^^^  ^rc  hereby  repealed  and  this  act  shall  take  effect 

January    1,    ltfi4.  "  ^ 

January  1,  1914. 

[Approved  May  21,  1913.] 


1913] 


Chapter  165. 


707 


CHAPTER  165. 


AN   ACT   ABOLISHING    THE   BOARD   OF   FISH    AND   GAME   COMMISSIONERS, 
AND  CREATING  THE  OFFICE  OF  FISH  AND  GAME  COMMISSIONER. 


Section 

1.  Existing  bo.Ti'd    abolished:    new   office 

created. 

2.  Fish     and     game     commissioner,     ap- 

pointment  of. 

3.  Salary    of    commissioner. 

4.  Duties  of  commissioner. 

5.  Deputies,  duties  and  compensation  of. 


Section 

6.  Prosecution    of   offenders. 

7.  Hunters'   licenses,   how   issued. 

8.  Expenses  to   be   paid   from   receipts; 

surplus,   how  expended. 

9.  Transfer   of    appropriations. 

10.     Takes    effect    June    1,    1913;    repeal- 
ing clause. 


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

Section  1.     The  tenure  of  office  of  the  present  board  of  fish  and  E^if.t'ng  board 

•  -11  1       i!     1  abolished;    new 

game  commissioners  is  hereby  terminated,  and  said  board  of  three  office  created, 
commissioners  is  hereby  abolished,  and  in  place  thereof  is  hereby 
created  the  office  of  fish  and  game  commissioner. 

Sect.  2.     The  governor,  by  and  with  the  advice  and  approval  of  Fish    and    game 

.-       ,      „  .        '      ',  .      .  ^       .    n   1  1  commissioner,    ap- 

the  council,  shall  appoint  and  commission  a  competent  nsh  and  game  pointment  of. 
commissioner,  whose  term  of  office  shall  be  for  three  years  from  the 
date  of  his  commission,  and  who  shall  serve  until  his  successor  is 
appointed  and  qualified.  He  shall  give  bond  to  the  State  of  New 
Hampshire  in  the  sum  of  five  thousand  dollars,  for  the  faithful  per- 
formance of  the  duties  of  his  office. 

Sect.  3.     The  annual  salary  of  said  fish  and  game  commissioner  salary. 
shall  be  eighteen  hundred  dollars,  payable  in  equal  monthly  pay- 
ments.    There  shall  be,  and  hereby  is  appropriated  annually  nine 
hundred  dollars  for  clerical  expenses  in  said  office. 

Sect.  4.     Said  commissioner  shall  have  all  the  powers  and  per-  Duties. 
form  all  the  duties  imposed  by  the  laws  of  this  state  in  force  next 
prior  to  the  passage  of  this  act,  upon  the  fish  and  game  commis- 
sioners, unless  herein  otherwise  specifically  provided. 

Sect.  5.  Said  commissioner  shall,  with  the  advice  and  approval  Deputy  in  each 
of  the  governor  and  council,  biennially  appoint  one  deputy  in  each  and  compensation. 
county,  who  shall,  under  the  direction  of  the  commissioner,  perform 
the  duties  heretofore  imposed  upon  the  detectives  of  the  fish  and 
game  department,  and  who  shall,  in  the  enforcement  of  all  fish  and 
game  laws  of  the  state,  have  the  powers  of  deputy  sheriffs.  Such 
deputies  may  be  removed  by  the  commissioner  on  the  approval  of 
the  governor  and  council.  The  commissioner  and  deputies  shall  co- 
operate with  county  solicitors  and  sheriffs  or  deputies  in  the  prose- 
cution of  violators  of  the  fish  and  game  laws ;  and  said  deputies 
shall  perform,  such  duties  with  reference  to  the  department  as  may 


708  Chapter  165.  [1913 

be  required  by  the  commissioner,  whether  in  their  own  or  in  another 
county.  Such  deputies  shall  give  bond  to  the  state  in  the  sum  of 
one  thousand  dollars  for  the  faithful  performance  of  their  duties, 
and  shall  keep  and  return  once  each  month  to  the  commissioner,  in 
such  form  as  shall  be  prescribed  by  the  state  auditor,  a  true  and 
accurate  statement  of  their  time  spent  in  the  performance  of  their 
official  duties,  and  of  the  work  done  and  locality  where  performed ; 
and  of  all  prosecutions  conducted  and  cases  investigated,  with  a 
detailed  statement  of  expenses  paid,  showing  the  person  to  whom 
and  the  date  when  paid,  and  the  consideration  therefor,  and  veri- 
fied by  proper  vouchers.  They  shall  be  paid  for  each  day  of  actual 
service,  three  dollars,  and  their  actual  expenses,  subject  to  the  audit 
and  approval  of  the  state  auditor.  They  may,  with  the  approval 
of  the  commissioner,  employ  assistance  in  the  detection  of  viola- 
tions of  the  fish  and  game  laws,  upon  a  price  fixed  in  advance. 

Prosecutions.  Sect.  6.     All  prosccutious  couductcd  by  or  with  the  co-operation 

of  this  department,  excepting  when  begun  in  the  superior  court, 
shall  be  begun  in  some  regularly  constituted  police  court  or  com- 
missioned trial  justice  within  the  county  wherein  the  offense  was 
committed. 

Hunters'  licenses,  Sect.  7.  All  uoH-residcnt  hunters'  licenses,  and  all  resident 
hunters'  permits,  within  the  city  of  Concord  and  adjacent  towns, 
shall  be  issued  from  the  office  of  said  fish  and  game  commissioner; 
and  all  other  resident  hunters '  permits  may  be  issued  by  town 
clerks,  to  residents  of  their  towns,  or  to  others  who  may  be  per- 
N  sonally  known  to  the  town  clerk,  to  be  a  resident  of  the  state  of 

New  Hampshire,  and  if  any  town  clerk  shall  issue  a  permit  to 
any  person  not  personally  known  to  him  to  be  a  resident  of  the 
state  of  New  Hampshire,  he  shall  be  fined  not  exceeding  ten  dollars 
($10)  ;  each  town  clerk  shall  retain  ten  cents  for  each  permit  so 
issued  by  him.  and  remit  the  balance  to  the  fish  and  game  com- 
missioner, in  monthly  installments,  with  a  complete  list  of  the 
persons  to  whom,  and  the  date  when  issued,  as  hereinafter  pro- 
vided. For  the  purpose  of  this  section,  the  commissioner  shall  sup- 
ply town  clerks  with  books  containing  consecutively  numbered 
permits,  and  having  duplicate  stubs  upon  which  shall  be  recorded 
the  number  of  the  permit  and  the  date  issued,  and  upon  which  the 
person  to  wliom  the  permit  is  issued,  shall  sign  his  name  and  state 
his  address,  for  a  failure  to  truthfully  do  which,  the  person  to 
whom  the  permit  is  issued  shall  be  liable  to  a  fine  not  exceeding 
ten  dollars.  Provided,  that  no  hunter's  permit  shall  be  issued  to 
minors  under  eighteen  years  of  age,  excepting  upon  the  written 
permission  of  a  parent  or  guardian,  signed  in  the  presence  of  the 
town  clerk  issuing  the  permit,  and  by  him  to  be  attached  to  the 
stub  of  the  permit  and  returned  therewith  to  the  commissioner. 


1913]  Chapter  166.  '  709 

Sect.  8.     The  expenses  of  this  department  shall  be  paid  from  the  Expenses    to    be 
proceeds  derived  from  fines  paid  for  violations  of  any  of  the  fishceipts;  surplus, 
and  game  laws  of  the  state,  and  the  balance  from  non-resident  '""^  ^'^^^'^ 
hunters"  licenses  and  resident  hunters'  permits,  and  any  surplus 
remaining  from  such  receipts,  shall  be  devoted,  first,  to  the  special 
appropriations  for  screening  ponds;  and  secondly,  to  such  further 
screening  as  is  authorized  by  tlie  governor  and  council,  under  exist- 
ing laws,  and  thereafter  to  the  appropriations  for  the  forestry  work 
of  the  state,  under  the  direction  of  the  governor  and  council. 

Sect.  9.     The  provisions  in  the  budget  bills,  so  far  as  appropria-  Transfer    of    ap- 

-  ,         „   ,  ,  .      .  1    ii      •       1       propriations. 

tions  are  made  for  the  fish  and  game  commissioners,  and  their  de- 
partment, shall  apply  to  the  office  of  fish  and  game  commissioner, 
and  the  amounts  thereby  appropriated  are  hereby  reduced  as  to  the 
appropriation  for  salaries,  to  the  amount  herein  provided  for 
salaries;  and  in  all  other  respects,  to  stand  as  now  existing,  with 
the  addition  for  clerical  expenses,  herein  provided. 

Sect.  10.     This  act  shall  take  effect  June  1st,  1913,  and  all  acts  Takes  effect  -June 

„  .  •  .    1  -ii  11  1    J  1-  1913;  repealing 

and  parts  of  acts  inconsistent  herewith  are  hereby  repealed.  clause. 

[Approved  May  21,  1913.] 


CHAPTER  166. 


AN  ACT  RELATIVE  TO  THE  NORMAL  SCHOOL  AT  PLYMOUTH,  N.  H. 


Section 

5.  Disbursement    of    funds. 

6.  Temporary    loan    authorized. 

7.  Use  of  certain  building  discontinued. 

8.  Takes  effect   on   passage. 


Section 

1.  Appropriation    for   dormitory. 

2.  Band  issue  authorized. 

3.  Designation   and   form   of  bonds. 

4.  Exemption    from    taxation. 

r 

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

Section  1.     That  the  sum  of  fortv  thousand  (jj^lO.OOO)  be,  and  Appropriation    of 

T     "p  -T  II-.-  1         J       $40,000    for    dor- 

hereby  is,  raised  and  appropriated,  tor  providing  additional,  ade-  mitory. 
quate  and  safe  accommodations  for  the  Plymouth  Normal  School, 
said  accommodations  to  consist  of  a  dormitory,  including  a  gymna- 
sium, together  with  the  necessary  heating  and  lighting  equipment 
and  furnishings ;  said  sum  to  be  expended  upon  the  order  and 
under  the  direction  of  the  governor  and  council. 

Sect.  2.     The  state  treasurer  is  hereby  authorized,  under  the  Bond  issue  au- 
direction  of  the  governor  and  council,  to  borrow  said  sum  of  forty    '"""'^  " 
thousand    ($40,000),    on    the    credit    of    the    state;    and    to    issue 


710 


Chapter  166. 


[1913 


Designation    and 
form  of  bonds. 


Exemption    from 
taxation. 

Disbursement  of 
fnnds. 


Temporary  loan 
authorized. 


Use  of  certain 
building    dis- 
continued. 

Takes   effect 
on    passage. 


bonds,  or  certificates  of  indebtedness,  therefor,  in  the  name  and  on 
behalf  of  the  state,  payable  July  1,  1929,  at  a  rate  of  interest  not 
exceeding  three  and  one  half  per  cent.,  per  annum;  interest  pay- 
able semiannually  on  the  first  days  of  January  and  July  of  each 
year ;  such  bonds  to  have  interest  warrants  or  coupons  attached 
thereto;  said  coupons  to  be  signed  by  the  state  treasurer,  and  said 
bonds  and  coupons  to  be  payable  at  such  place  as  the  governor  and 
council  shall  designate. 

Sect.  3.  Said  bonds  shall  be  designated  New  Hampshire  State 
Normal  School  bonds  and  shall  be  signed  by  the  treasurer,  and 
countersigned  by  the  governor,  and  shall  be  deemed  a  pledge  of 
the  faith  and  credit  of  the  state.  The  secretary  of  state  shall  keep 
a  record  of  all  bonds  countersigned  by  the  governor,  showing  the 
number  and  amount  of  each  bond,  the  time  of  countersigning,  the 
time  when  payable,  and  the  date  of  the  delivery  to  the  state  treas- 
urer. 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  ajiy  way  whatever  by  the  state. 

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  treas- 
urer for  the  amounts  that  may  be,  or  become,  due,  from  time  to 
time,  under  the  contracts  of  the  trustees,  approved  by  the  governor 
and  council,  for  the  purposes  aforesaid,  after  said  bills  shall  have 
been  duly  approved  by  the  governor  and  council,  to  an  amount  not 
exceeding  the  proceeds  of  said  bonds. 

Sect.  6.  To  provide  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  borrow 
money  on  the  credit  of  the  state,  to  an  amount  not  exceeding 
twenty-five  thousand  dollars,  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.  The  use  of  the  addition  erected  about  eight  years  ago 
and  considered  unsafe  by  the  trustees  shall  be  discontinued. 

Sect.  8.     This  bill  shall  take  effect  upon  its  passage. 

[Approved  May  21,  1913.] 


1913] 


Chapter  167. 


711 


CHAPTER  167. 

AN    ACT    TO    PROVIDE   FOR    THE   ELECTION    OF    DELEGATES    TO    NATIONAL 
CONVENTIONS  BY  DIRECT   VOTE  OF   THE  PEOPLE. 


Section 

Section 

1.      Elections,  when  held. 

7. 

Notice  of  result,  Ui  whom  given  ;  how 

2.     "Where  held. 

obtained. 

3.      Hours  of  voting. 

8. 

Certain  provisions  of  direct  primary 

4.      Official  ba.llot  to  be  used. 

law  applicable. 

5.     Declarations   of   candidacy. 

9. 

Repealing  clause;   act  takes  effect  on 

6.     Vacancy  on  ballot,  how  filled. 

passage. 

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

Section  1.  Ou  the  third  Tuesday  in  May  in  the  year  1916,  and  Elections,  whea 
in  each  year  thereafter  when  a  president  of  the  United  States  is 
to  be  elected,  a  primary  shall  be  held  for  the  election  of  delegates 
at  large,  alternate  delegates  at  large,  delegates  and  alternate  dele- 
gates to  the  national  conventions  of  the  various  political  parties  to 
be  held  to  nominate  party  candidates  for  president  and  vice-presi- 
dent of  the  United  States. 

Sect.  2.     Said  primary  election  shall  be  held  at  the  regular  poll-  %Miere  held, 
ing  places  and  shall  be  conducted  by  the  regular  election  officers. 

Sect.  3.  (1)  In  all  towns  the  polls  shall  be  held  open  not  less  Hours  of  voting 
than  four  hours,  and  so  much  longer  as  shall  be  necessary  to  afford 
every  voter  present  and  desiring  to  vote  an  opportunity  to  vote, 
and  until  the  voters  present  shall  vote  to  close  the  polls.  (2)  In 
cities,  the  polls  shall  be  held  open  from  3  o'clock  p.  m.  till  8  o'clock 
p.  m. 

Sect.  4.     The  secretary  of  state  shall  prepare  and  distribute  for  official  ballot. 
use  at  such  primary  an  official  ballot  for  each  political  party. 

Sect.  5.     The  name  of  no  candidate  shall  be  printed  upon  any  Declarations  of 

,  .  candidacy. 

such  ballot  unless  not  more  than  sixty  nor  less  than  eighteen  days 
before  the  primary  he  shall  have  filed  with  the  secretary  of  state  a 
declaration  of  candidacy,  and  unless  he,  or  some  person  for  him, 
shall  have  paid  to  the  secretary  of  state  a  filing  fee  of  ten  dollars 
($10),  or  file  with  the  secretary  of  state  a  petition  containing  one 
hundred  (100)  names  of  legal  voters  requesting  that  his  name  be 
placed  on  the  primary  ballot,  provided,  however,  that  vacancies  on 
the  primary  ballot  of  any  party  may  be  filled  as  provided  in  section 
6  of  this  act.    Declarations  of  candidacy  shall  be  in  form  as  follows: 

I   declare  that  I  reside  in  ward   in  the 

city  (or  town)  of county  of and 

state  of  New  Hampshire,  and  am  a  qualified  voter  therein ;  that  I 

am   a  member   of   the party ;   that   I   am 

a   candidate   for   election   as   delegate    (or   as   alternate   delegate 


712 


Chapter  167. 


[1913 


"Vacancy, 
filled. 


Notice    of 
reconnts. 


or  delegate  at  large  or  alternate  delegate  at  large)  to  the  national 

convention  of  the   party  next  to  be  held  for  the 

nomination  of  candidates  of  said  party  for  president  and  vice- 
president  of  the  United  States.    I  request  that  my  name  be  printed 

as  such  candidate  on  the  official  ballot  of  the  party 

to  be  used  at  the  primary  to  be  held  on  the  third  Tuesday  of  May 
next.  I  further  declare  that  if  elected  as  such  delegate  (or  alternate 
delegate  or  delegate  at  large  or  alternate  delegate  at  large)  I  will 
attend  such  convention  unless  I  shall  be  prevented  by  sickness  or 
other  occurrence  over  which  I  have  no  control.  If  the  person  de- 
sires to  do  so.  he  may  add  to  such  declaration  the  following  state- 
ment: I  pledge  myself,  if  elected  as  such  delegate  (or  alternate 
delegate  or  delegate  at  large  or  alternate  delegate  at  large)  to 
vote,  in  said  convention  whenever  I  shall  vote,  for  the  nomination 
of  (inserting  the  name  of  any  person)  as  the  candidate  of  said 
party  for  president  so  long  as  he  shall  be  a  candidate  before  said 
convention,  and  I  request  that  after  my  name  upon  the  ballot  shall 
be  printed  the  words  pledged  to  vote  for  the  ilomination  of  (naming 
the  same  person)  for  president.  And  in  that  event,  said  words 
shall  be  printed  upon  the  jorimary  ballot  following  his  name  as  re- 
quested. 
how  Sect.  6.     If  there  is  to  be  a  vacancy  upon  the  primary  ballot  of 

any  party  by  reason  of  the  failure  of  as  many  persons  to  file  as 
candidates  for  delegates  and  for  alternate  delegate  and  delegate 
at  large  and  alternate  delegate  at  large  as  are  to  be  elected,  such 
vacancies  may  be  filled,  after  the  expiration  of  the  time  allowed 
in  this  act  for  filing  and  fifteen  days  before  the  primary,  by  the 
state  committee  of  that  party  Avithout  the  payment  of  any  fee, 
and  the  secretary  of  state  upon  receipt  of  proper  notice  shall  cause 
the  names  selected  by  the  state  committee  to  be  printed  upon  the 
primary  ballot  to  fill  such  vacancies. 
result;  Sect.  7.  (1)  After  completing  the  canvass  of  returns  from  the 
primary,  the  secretary  of  state  shall  send  by  mail  notice  to  each 
person  whose  name  was  printed  upon  the  ballot  of  any  party  of 
the  names  of  the  delegate  at  large,  alternate  delegates  at  large, 
delegates  and  alternate  delegates,  elected  by  that  party,  and  shall 
not  be  required  to  advertise  the  result  of  said  primary.  (2)  If  any 
person  whose  name  was  printed  as  a  candidate  upon  the  ballot  of 
any  party  is  not  elected  according  to  the  canvass  first  made  by  the 
secretary  of  state,  he  may  obtain  a  recount  by  applying  in  writing 
therefor  to  the  secretary  of  state  within  ten  days  after  he  shall  have 
been  notified  of  the  result  of  the  primary,  and  by  paying  fees  as 
follow^s:  (a)  If  he  has  been  voted  for  throughout  the  state,  one 
hundred  dollars,  (b)  If  he  has  been  voted  for  in  a  district  less  in 
area  than  the  entire  state,  fifty  dollars. 


1913] 


Chapter  168. 


713 


Sect.  8.     The  provisions  of  chapter  lo3  of  the  Laws  of  1909  with  ccrtam  provisions 

1  1  •  1     T        -1        ■  p   1     Ti    i        ji  T         of    direct   primary 

regard  to  the  preparation  and  distribution  oi  ballots,  the  sending  law  applicable. 
and  posting  of  notices,  the  preparation  and  posting  of  checklists, 
the  conduct  of  primaries,  the  registration  and  the  preservation  of 
the  registration  of  the  party  membership  of  voters,  the  counting  of 
votes,  the  making  of  returns  thereof,  the  canvass  of  the  same,  and 
all  other  kindred  subjects,  shall  apply  to  all  primaries  held  under 
the  provisions  of  this  act  unless  clearly  inconsistent,  the  intent  of 
this  act  being  to  provide  the  same  method  for  the  election  of  all 
delegates  and  delegates  at  large  and  alternate  delegates  and  dele- 
gates at  large  to  national  conventions,  as  is  provided  by  that  act 
for  the  nomination  of  officers  and  the  election  of  delegates  to  state 
conventions. 

Sect.  9.     All  acts  and  parts  of  acts  inconsistent  herewith  are  Repealing  clause; 

not     ttlkps     Gff6Ct 

repealed,  and  this  act  shall  take  effect  upon  its  passage.  on  passage. 

[Approved  May  21,  1913.] 


CHAPTER  168. 


AN  ACT  TO  ESTABLISH  A  STATE  HIGHWAY  CONNECTING  THE  MERRIMACK 
VALLEY  ROAD  WITH  THE  EAST  SIDE  ROUTE. 


Section 


Highway  -established. 
Route,    how   determined. 
Limitation   of   state  aid. 
Reimbursement   of   towns. 
Apportionment    of    funds. 


Sectiox 

6.  Immediate  improvement. 

7.  Maintenance  after  improvement. 

8.  Powers  of  governor  and  council. 

9.  Appropriation   of  $25,000. 
10.      Takes  effect  on  passage. 


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


Section  1.     The  governor  and  council  shall  forthwith  designate  Highway  estab- 

o        ■  .,,,..  .  ,.,  lished. 

tor  improvement  by  suitable  description  a  continuous  highway  at  a 
point  in  Meredith  to  a  point  on  the  East  Side  road  at  West  Ossipee, 
and  file  the  same  with  the  secretary  of  state.  Starting  from  the 
Merrimack  Valley  road  at  Meredith,  going  through  the  town  of 
Meredith  to  Center  Harbor  village,  over  the  main  stage  road,  thence 
through  Moultonborough,  Sandwich,  Tamworth  and  Ossipee,  fol- 
lowing the  old  North  Conway  stage  road  to  the  East  Side  road  near 
the  village  of  West  Ossipee. 

Sect.  2.     The  route  of  such  highway  may  be  changed  from  ex-  Route,  how  deter- 
isting  highways  by  the  governor  and  council  to  such  extent  as  in™'"®  ' 
their  opinion  the  public  good  may  require,  and  for  that  purpose 
they  are  authorized  to  designate  such  changes,  to  take  or  purchase 


714 


Chapter  168. 


[1913 


Limitation    of 
state   aid. 


Reimbursement   of 
towns. 


Apportionment 
funds. 


of 


Immediate    im- 
provement. 


Maintenance. 


Powers    of    gover- 
nor   and   council. 


Appropriation    of 
$25,000. 

Takes  eflfect 
on   passage. 


land  and  have  damages  assessed  therefor  in  accordance  with  the 
provisions  of  chapter  35  of  the  session  Laws  of  1905. 

Sect.  3.  No  town  through  which  said  highway  is  designated  to 
pass  shall  receive  any  state  aid  for  highway  improvements  except 
on  such  highway  until  said  improvements  thereon  shall  have  been 
completed  within  such  town.  No  part  of  the  funds  hereby  provided 
shall  be  used  within  the  compact  part  of  any  city  or  town  having  a 
population  of  two  thousand  or  more,  such  compact  part  to  be  de- 
termined by  the  governor  and  council. 

Sect.  4.  Towns  through  which  such  highway  shall  pass  shall 
receive  from  funds  herein  provided  one  half  the  cost  of  such  im- 
provements within  their  limits;  all  state  roads  in  said  towns  are 
hereby  made  a  part  of  the  system  of  highways  of  the  town,  and 
are  to  be  town  highways. 

Sect.  5.  The  governor  and  council  shall  apportion  the  fund 
hereby  to  the  several  towns  through  which  said  highway  shall  pass. 
In  making  such  apportionment  preference  shall  be  given  to  such 
parts  of  said  highway  as  have  not  heretofore  been  improved  under 
state  aid,  and  to  such  portions  as  shall  be  in  such  condition  as  to 
require  immediate  improvement. 

Sect.  6.  If,  in  the  opinion  of  the  governor  and  council,  any  part 
or  parts  of  said  highway  shall  be  in  such  condition  as  to  require 
immediate  improvement,  the  money  hereby  appropriated  may  be 
used  wholly  or  in  part  in  improving  such  part  or  parts,  and  the 
governor  and  council  shall  have  authority  to  make  all  contracts 
necessary  for  such  immediate  improvement. 

Sect.  7.  Said  highway,  after  improvements  are  made  as  herein 
provided  for,  shall  be  maintained  in  the  same  manner  provided  by 
chapter  35  of  the  Laws  of  1905  for  the  maintenance  of  highways 
improved  by  the  expenditures  of  joint  funds. 

Sect.  8.  In  carrying  out  the  provisions  of  this  act  the  governor 
and  council  and  the  officers  of  towns  and  cities  shall  have  all  the 
powers  and  duties  conferred  on  them  by  chapter  35  of  the  Laws  of 
1905.  All  improvements  shall  be  made  in  accordance  with  said 
chapter,  except  as  otherwise  provided  herein. 

Sect.  9.  The  sum  of  twenty-five  thousand  dollars  is  hereby  ap- 
propriated to  carry  out  the  provisions  of  this  act. 

Sect.  10.     This  act  shall  take  effect  on  its  passage. 


[Approved  May  21,  1913. 


1913] 


Chapter  169. 


715 


CHAPTER  169. 

AN  ACT  ESTABLISHING  POLICE  COURTS  FOR  CERTAIN  DISTRICTS  IN  THE 
STATE  OF  NEW  HAMPSHIRE,  AND  ABOLISHING  EXISTING  POLICE 
COURTS. 


Section                                                               | 

1. 

District    of    Nashua. 

2. 

District  of  Manchester. 

3. 

District    of    Milford. 

4. 

District    of    Greenville. 

5. 

District    of    Peterborough. 

6. 

District    of    Hillsborough. 

7. 

District   of   Goffstown. 

8. 

District    of    Derry. 

9. 

District  of  Exeter. 

10. 

Distrfct   of    Salem. 

11. 

District   of    Hamptou. 

12. 

District    of    Newmarket. 

13. 

District   of   Candia. 

14. 

District  of  Portsmouth. 

15. 

District  of  Dover. 

16. 

District    of    Rochester. 

17. 

District    of    Farmingtou. 

18. 

District   of    Somersworth. 

19. 

District    of    Pittsfield. 

20. 

District   of    Pembroke. 

21. 

District    of   Franklin. 

-22. 

District    of    Bradford. 

23. 

District   of   Concord. 

24. 

District   of   Keene. 

25. 

District  of  Winchester. 

26. 

District   of  Troy. 

27. 

District   of   Jaffrey. 

28. 

District    of    Walpole. 

29. 

District  of  Newport. 

30. 

District    of    Claremont. 

31. 

District    of    Chai-lestown. 

32. 

District   of   Laconia. 

33. 

District   of   Tilton. 

34. 

District    of    Alton. 

35. 

District   of   Bristol. 

36. 

District  of   Haverhill. 

37. 

District  of  Hanover. 

38. 

District    of    Lebanon. 

39. 

District  of  Ph-mouth. 

40. 

District    of    Littleton. 

41. 

District  of  Lisbon. 

42. 

District    of    Canaan. 

43. 

District  of  Woodstock. 

44. 

District  of  Wolfeboro. 

Section 
45.     District    of    Ossipee. 

District    of    Conway. 

District  of  Berlin. 

District   of   Northumberland. 

District   of   Whitefield. 

District  of  Gorham. 

District   of   Lancaster. 

District   of    Colebrook. 

Justice   and   special   justice   for   each 
court. 

If    both    disqualified,    procedure. 

Disqualifications  for  practice. 

Justice   or   special   justice,    when   en- 
titled to   fees. 

Administration   of  oaths. 

Clerks  for   certain  courts. 

Other  justices  may  act  as  or  appoint 
clerks. 

Duties   of   clerks. 

Bond  of  clerk  or  acting  clerk. 

Oflfice  hours  of  clerks. 

Courts  of  record  with  seals. 

Concurrent  civil  jurisdiction. 

Original    criminal    jurisdiction. 

Final   judgment   in   criminal   cases. 

Writs,  etc.,  form  of. 

Civil  sessions,  when  and  where  held. 

Writs,   etc.,   when   returnable. 

Executions,     when     issued     and     re- 
turnable. 

Appeals,   how   taken. 

Existing  procedure   applicable. 

Common  counts  as  in   superior  court 
writs. 

Pending     actions     transferred. 

Towns    and    cities    to    provide    court 
rooms. 

Salaries   of  justices,    special  justices, 
and   clerks. 

Tenure   of   office   of   existing   judges, 
etc.,   terminaited. 

Repealing    clause;     act    takes    effect 
July    1,    1913. 


46. 

47. 
48. 
49. 
50. 
51. 
52. 
53. 

54. 
55. 
56. 

57. 
58. 
59. 

60. 
61. 
62. 
63. 
64. 
65. 
66. 
67. 
68. 
69. 
70. 

71. 
72. 
73. 


76. 


77. 


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

Section  1.     The  city  of  Nashua  and  the  towns  of  HoUis,  Merri-  District  of 
mack,   Hudson,   Pelham  and   Litchfield,   in  the  county   of  Hills- 
horough,  shall  constitute  a  judicial  district,  which  shall  be  under 


^ 


716 


Chapter  169. 


[1913 


.District   of 
Manchester. 


District  of 
Milford. 


District  of 
Greenville. 


District  of 
Pet.er)3orough. 


District  of 
Hillsborough. 


District   of 
Goffstown. 


Distrist    of 
Derry. 


the  jui'isdictiou  of  a  police  court,  to  be  known  as  the  police  court 
for  the  district  of  Nashua,  which  court  is  hereby  established.  Said 
court  shall  hold  its  sessions  in  some  suitable  place  in  the  city  of 
Nashua. 

Sect.  2.  The  city  of  Manchester  and  the  town  of  Bedford,  in 
the  county  of  Hillsborough,  shall  constitute  a  judicial  district, 
which  shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known 
as  the  police  court  for  the  district  of  Manchester,  which  court  is 
hereby  established.  Said  court  shall  hold  its  sessions  in  some  suit- 
able place  in  the  city  of  Manchester. 

Sect.  3.  The  towns  of  Milford,  Wilton,  Lyndeborough,  Mont 
Vernon,  Amherst  and  Brookline,  in  the  county  of  Hillsborough, 
shall  constitute  a  judicial  district  which  shall  be  under  the  jurisdic- 
tion of  a  police  court,  to  be  known  as  the  police  court  for  the  district 
of  Milford,  which  court  is  hereby  established.  Said  court  shall  hold 
its  sessions  in  some  suitable  place  in  the  town  of  Milford. 

Sect.  4.  The  towns  of  Greenville,  New  Ipswich,  and  Mason  in 
the  county  of  Hillsborough,  shall  constitute  a  judicial  district  which 
shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known  as  the 
police  court  for  the  district  of  Greenville,  which  court  is  hereby 
established.  Said  court  shall  hold  its  sessions  in  some  suitable  place 
in  the  town  of  Greenville. 

Sect.  5.  The  towns  of  Peterborough,  Hancock,  Greenfield,  Tem- 
ple and  Sharon,  in  the  county  of  Hillsborough,  shall  constitute  a 
judicial  district  which  shall  be  under  the  jurisdiction  of  a  police 
court,  to  be  known  as  the  police  court  for  the  district  of  Peter- 
borough, which  court  is  hereby  established.  Said  court  shall  hold 
its  sessions  in  some  suitable  place  in  the  town  of  Peterborough. 

Sect.  6.  The  towns  of  Hillsborough,  Bennington,  Deering,  An- 
trim, Francestown  and  Windsor,  in  the  county  of  Hillsborough, 
shall  constitute  a  judicial  district  which  shall  be  under  the  jurisdic- 
tion of  a  police  court,  to  be  known  as  the  police  court  for  the 
district  of  Hillsborough,  which  court  is  hereby  established.  Said 
court  shall  hold  its  sessions  in  some  suitable  place  in  the  town  of 
Hillsborough. 

Sect.  7.  The  towns  of  Goffstown,  Weare  and  New  Boston,  in  the 
county  of  Hillsborough,  shall  constitute  a  judicial  district  which 
shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known  as 
the  police  court  for  the  district  of  Goffstown,  which  court  is  hereby 
established.  Said  court  shall  hold  its  sessions  in  some  suitable  place 
in  the  town  of  Goffstown. 

Sect.  8.  The  towns  of  Derry,  Windham,  Danville,  Londonderry. 
Chester,  Sandown  and  Fremont,  in  the  county  of  Rockingham,  shall 
constitute  a  judicial  district  which  shall  be  under  the  jurisdiction 
of  a  police  court,  to  be  known  as  the  police  court  for  the  district 


1913]  Chapter  169.  717 

of  Deny,  whicli  court  is  hereby  established.     Said  court  shall  hold 
its  sessions  in  some  suitable  place  in  the  town  of  Derry. 

Sect.  9.  The  towns  of  Exeter.  Kensington,  East  Kingston  and  District  of  Exeter. 
Kingston.  Brentwood.  Newfields  and  Stratham,  in  the  county  of 
Rockingham,  shall  constitute  a  judicial  district  which  shall  be 
under  the  jurisdiction  of  a  police  court,  to  be  known  as  the  police 
court  for  the  district  of  Exeter,  which  court  is  hereby  established. 
Said  court  shall  hold  its  sessions  in  some  suitable  place  in  the  town 
of  Exeter. 

Sect.  10.  The  towns  of  Salem,  Plaistow,  Atkinson,  Hampstead  District  of  saiem. 
and  NeAvton.  in  the  county  of  Rockingham,  shall  constitute  a  judi- 
cial district  which  shall  be  under  the  jurisdiction  of  a  police  court, 
to  be  known  as  the  police  court  for  the  district  of  Salem,  which 
court  is  hereby  established.  Said  court  shall  hold  its  sessions  in 
some  suitable  place  in  the  town  of  Salem. 

Sect.  11.  The  tow^ns  of  Hampton,  North  Hampton,  South  District  of 
Hampton,  Hampton  Falls,  and  Seabrook  in  the  county  of  Rocking-  H'^^p*""- 
ham,  shall  constitute  a  judicial  district  wiiich  shall  be  under  the 
jurisdiction  of  a  police  court,  to  be  known  as  the  police  court  for 
the  district  of  Hampton,  which  court  is  hereby  established.  Said 
court  shall  hold  its  sessions  in  some  suitable  place  in  the  towai  of 
Hampton. 

Sect.  12.     The  towns  of  Newmarket  and  Epping,  in  the  county  District  of 
of  Rockingham,  shall  constitute  a  judicial  district  which  shall  be  i^^ewmarket. 
under  the  jurisdiction  of  a  police  court,  to  be  known  as  the  police 
court  for  the  district  of  Newmarket,  which  court  is  hereby  estab- 
lished.    Said  court  shall  hold  its  sessions  in  some  suitable  place  in 
the  town  of  Newmarket. 

Sect.  13.  The  towns  of  Candia,  Auburn,  Nottingham,  Deerfield,  District  of  Candia. 
Northwood  and  Raymond,  in  the  county  of  Rockingham,  shall  con- 
stitute a  judicial  district  which  shall  be  under  the  jurisdiction  of 
a  police  court,  to  be  known  as  the  police  court  for  the  district  of 
Candia,  which  court  is  hereby  established.  Said  court  shall  hold 
its  sessions  in  some  suitable  place  in  the  town  of  Candia. 

Sect.  14.     The  city  of  Portsmouth  and  the  towns  of  Newington,  District  of  Ports- 
Newcastle,  Greenland  and  Rye,  in  the  county  of  Rockingham,  shall  ^°'^^^- 
constitute  a  judicial  district  which  shall  be  under  the  jurisdiction 
of  a  police  court,  to  be  known  as  the  police  court  for  the  district  of 
Portsmouth,  w^hich  court  is  hereby  established.     Said  court  shall 
hold  its  sessions  in  some  suitable  place  in  the  city  of  Portsmouth. 

Sect.  15.  The  city  of  Dover  and  the  towns  of  Madbury,  Lee  District  of  Dover, 
and  Durham,  in  the  county  of  Strafford,  shall  constitute  a  judicial 
district  which  shall  be  under  the  jurisdiction  of  a  police  court,  to 
be  known  as  the  police  court  for  the  district  of  Dover,  which  court 
is  hereby  established.  Said  court  shall  hold  its  sessions  in  some 
suitable  place  in  the  city  of  Dover. 


718 


Chapter  169. 


[1913 


District    of 
Rochester. 


District    of 
Furmington. 


District     of 
Somers  worth. 


District   of 
Pittsfield. 


District   of 
Pembroke. 


District  of 
Franklin. 


District   of 
Bradford. 


District  of 
Concord. 


Sect.  16.  The  city  of  Rochester  and  the  towns  of  Milton,  Straf- 
ford and  Barrington,  in  the  county  of  Strafford,  shall  constitute  a 
judicial  district  which  shall  be  under  the  jurisdiction  of  a  police 
court,  to  be  known  as  the  police  court  for  the  district  of  Rochester, 
which  court  is  hereby  established.  Said  court  shall  hold  its  sessions 
in  some  suitable  place  in  the  city  of  Rochester. 

Sect.  17.  The  towns  of  Farmington,  Middleton  and  New  Dur- 
ham, in  the  county  of  Strafford,  shall  constitute  a  judicial  district 
which  shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known 
as  the  police  court  for  the  district  of  Farmington,  which  court  is 
hereby  established.  Said  court  shall  hold  its  sessions  in  some  suit- 
able place  in  the  town  of  Farmington. 

Sect.  18.  The  city  of  Somersworth  and  the  town  of  Rollinsford, 
in  the  county  of  Strafford,  shall  constitute  a  judicial  district  which 
shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known  as  the 
police  court  for  the  district  of  Somersworth,  which  court  is  hereby 
established.  Said  court  shall  hold  its  sessions  in  some  suitable  place 
in  the  city  of  Somersworth. 

Sect.  19.  The  towns  of  Pittsfield,  Chichester  and  Epsom,  in  the 
county  of  Merrimack,  shall  constitute  a  judicial  district  which  shall 
be  under  the  jurisdiction  of  a  police  court,  to  be  known  as  the  police 
court  for  the  district  of  Pittsfield,  which  court  is  hereby  established. 
Said  court  shall  hold  its  sessions  in  some  suitable  place  in  the  town 
of  Pittsfield. 

Sect.  20.  The  towns  of  Pem1)roke,  Allenstown  and  Hooksett  in 
the  county  of  Merrimack,  shall  constitute  a  judicial  district  which 
shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known  as  the 
police  court  for  the  district  of  Pembroke,  which  court  is  hereby 
established.  Said  court  shall  hold  its  sessions  in  some  suitable  place 
in  the  town  of  Pembroke. 

Sect.  21.  The  city  of  Franklin  and  the  towns  of  Hill,  Wilmot, 
Danbury,  Andover,  Northfield  and  Salisbury,  in  the  county  of  Mer- 
rimack, shall  constitute  a  judicial  district  which  shall  be  under  the 
jurisdiction  of  a  police  court,  to  be  known  as  the  police  court  for 
the  district  of  Franklin,  which  court  is  hereby  established.  Said 
court  shall  hold  its  sessions  in  some  suitable  place  in  the  city  of 
Franklin. 

Sect.  22.  The  towns  of  Bradford,  Sutton,  Newbury,  Warner, 
New  London  and  Henniker.  in  the  county  of  Merrimack,  shall  con- 
stitute a  judicial  district  which  shall  be  under  the  jurisdiction  of 
a  police  court,  to  be  known  as  the  police  court  for  the  district  of 
Bradford,  which  court  is  hereby  establislied.  Said  court  shall  hold 
its  sessions  in  some  suitable  place  in  the  town  of  Bradford. 

Sect.  23.  The  city  of  Concord  and  the  towns  of  Boscawen, 
Webster,  Canterbury.  Loudon,  Bow,  Dunbarton  and  Hopkinton,  in 


"  1913]  Chapter  169.  719 

the  county  of  Merrimack,  shall  constitute  a  judicial  district  which 
shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known  as  the 
police  court  for  the  district  of  Concord,  which  court  is  hereby 
established.  Said  court  shall  liold  its  sessions  in  some  suitable 
place  in  the  city  of  Concord. 

Sect.  24.  The  city  of  Keene,  and  the  towns  of  Chesterfield,  District  of  Keene. 
Dublin,  Harrisville,  Nelson,  Stoddard,  Richmond,  Westmoreland, 
Gilsum,  Marlborough,  Surry,  Roxbury,  Sullivan,  Marlow,  and 
Swanzey,  in  the  county  of  Cheshire,  shall  constitute  a  judicial  dis- 
trict which  shall  be  under  the  jurisdiction  of  a  police  court,  to  be 
known  as  the  police  court  for  the  district  of  Keene,  which  court  is 
hereby  established.  Said  court  shall  hold  its  sessions  in  some  suit- 
able place  in  the  city  of  Keene. 

Sect.  25.     The  towns ^f  Winchester  and  Hinsdale  in  the  county  District  of 
of  Cheshire,  shall  constitute  a  judicial  district  which  shall  be  under     '"^^*^^  "' 
the  jurisdiction  of  a  police  court,  to  be  known  as  the  police  court 
for  the  district  of  Winchester,  which  court  is  hereby  established. 
Said  court  shall  hold  its  sessions  in  some  suitable  place  in  the  town 
of  Winchester. 

Sect.  26.  The  towns  of  Troy  and  Fitzwilliam,  in  the  county  of  District  of  Troy. 
Cheshire,  shall  constitute  a  judicial  district  which  shall  be  under 
the  jurisdiction  of  a  police  court,  to  be  known  as  the  police  court 
for  the  district  of  Troy,  which  court  is  hereby  established.  Said 
court  shall  hold  its  sessions  in  some  suitable  place  in  the  town  of 
Troy. 

Sect.  27.     The  towns  of  Jatfrey  and  Rindge,  in  the  county  of  District  of 
Cheshire,  shall  constitute  a  judicial  district  which  shall  be  under   *  ^^^' 
the  jurisdiction  of  a  police  court,  to  be  known  as  the  police  court 
for  the  district  of  Jaffrey,  which  court  is  hereby  established.     Said 
court  shall  hold  its  sessions  in  some  suitable  place  in  the  town  of 
Jaffrey. 

Sect.  28.     The  towns  of  Walpole  and  Alstead,  in  the  county  of  District  of 
Cheshire,  shall  constitute  a  judicial  district  which  shall  be  under     *  ^'^  ^' 
the  jurisdiction  of  a  police  court,  to  be  known  as  the  police  court 
for  the  district  of  Walpole,  which  court  is  hereby  established.    Said 
court  shall  hold  its  sessions 'in  some  suitable  place  in  the  town  of 
Walpole. 

Sect.  29.  The  towns  of  Newport,  Cro.ydon.  Springfield.  Sunapee,  District  of 
Lempster,  Goshen,  Washington  and  Grantham,  in  the  county  of  ^^'^°^^- 
Sullivan,  shall  constitute  a  judicial  district  which  shall  be  under 
the  jiirisdiction  of  a  police  court,  to  be  known  as  the  police  court 
for  the  district  of  Newport,  which  court  is  hereby  established.  Said 
court  shall  hold  its  sessions  in  some  suitable  place  in  the  town  of 
Newport. 


720 


Ch.vpter  169. 


[1913 


District   of 
Charlestown 


District     of 
Laconiai 


District 
Tilton. 


District  of  Sect.    30.     The   towns   of   Claremont,    Cornish,   Plainfield    and 

Unity,  in  the  county  of  Sullivan,  shall  constitute  a  judicial  district 
which  shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known 
as  the  police  court  for  the  district  of  Claremont,  which  court  is 
hereby  established.  Said  court  shall  hold  its  sessions  in  some  suit- 
able place  in  the  town  of  Claremont. 

Sect.  31.  The  towns  of  Charlestown,  Acworth  and  Langdon,  in 
the  county  of  Sullivan,  shall  constitute  a  judicial  district  which 
shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known  as 
the  police  court  for  the  district  of  Charlestown,  which  court  is 
hereby  established.  Said  court  shall  hold  its  sessions  in  some  suit- 
able place  in  the  town  of  Charlestown. 

Sect.  32.  The  city  of  Laconia  and  the  towns  of  Meredith,  New 
Hampton,  Gilford  and  Center  Harbor,  in  the  county  of  Belknap, 
shall  constitute  a  judicial  district  which  shall  be  under  the  jurisdic- 
tion of  a  police  court,  to  be  known  as  the  police  court  for  the  district 
of  Laconia,  which  court  is  hereby  established.  Said  court  shall  hold 
its  sessions  in  some  suitable  place  in  the  city  of  Laconia. 

Sect.  33.  The  towns  of  Tilton,  Belmont  and  Sanbornton.  in  the 
county  of  Belknap,  shall  constitute  a  judicial  district  which  shall 
be  under  the  jurisdiction  of  a  police  court,  to  be  known  as  the 
police  court  for  the  district  of  Tilton,  which  court  is  hereby  es- 
tablished. Said  court  shall  hold  its  sessions  in  some  suitable  place 
in  the  town  of  Tilton. 
District  of  Alton.  Sect.  34.  The  towns  of  Alton.  Barnstead  and  Gilmanton,  in  the 
county  of  Belknap,  shall  constitute  a  judicial  district  which  shall 
be  under  the  jurisdiction  of  a  police  court,  to  be  known  as  the  police 
court  for  the  district  of  Alton,  which  court  is  hereby  established. 
Said  court  sliall  hold  its  sessions  in  some  suitable  place  in  the  town 
of  Alton. 

Sect.  35.  The  towns  of  Bristol,  Alexandria,  Groton  and  Hebron, 
in  the  county  of  Grafton,  shall  constitute  a  judicial  district  which 
shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known  as 
the  police  court  for  the  district  of  Bristol,  which  court  is  hereby 
established.  Said  court  shall  hold  its  sessions  in  some  suitable  place 
in  the  town  of  Bristol. 

Sect.  36.  The  towns  of  Haverhill.  Orford.  Benton,  Warren, 
Monroe,  and  Piermont,  in  the  county  of  Grafton,  shall  constitute  a 
judicial  district  which  shall  be  under  the  jurisdiction  of  a  police 
court,  to  be  known  as  the  police  court  for  the  district  of  Haverhill, 
which  court  is  hereby  established.  Said  court  shall  hold  its  ses- 
sions in  some  suitable  place  in  the  town  of  Haverhill. 

Sect.  37.  The  town  of  Hanover,  in  the  county  of  Grafton,  shall 
constitute  a  judicial  district  which  shall  be  under  the  jurisdiction 
of  a  police  court,  to  be  known  as  the  police  court  for  the  district 


District  of  Bristol. 


District    of 
Haverhill. 


District   of 
Hanover. 


1913]  Chapter  169.  721 

of  Hanover,  which  court  is  hereby  established.  Said  court  shall 
hold  its  sessions  in  some  suitable  place  in  the  town  of  Hanover. 

Sect.  38.  The  towns  of  Lebanon  and  Lyme,  in  the  county  of  District  of 
Grafton,  shall  constitute  a  judicial  district  which  shall  be  under 
the  jurisdiction  of  a  police  court,  to  be  known  as  the  police  court 
for  the  district  of  Lebanon,  which  court  is  hereby  established.  Said 
court  shall  hold  its  sessions  in  some  suitable  place  in  the  town  of 
Lebanon. 

Sect.  39.  The  towns  of  Plymouth,  Ashland,  Bridgewater,  Hold-  District  of 
erness.  Campton,  Rumney  and  WentM^orth,  in  the  county  of  Graf- 
ton, shall  constitute  a  judicial  district  which  shall  be  under  the 
jurisdiction  of  a  police  court,  to  be  known  as  the  police  court  for 
the  district  of  Plymouth,  which  court  is  hereby  established.  Said 
court  shall  hold  its  sessions  in  some  suitable  place  in  the  town  of 
Plymouth.  I  "  ^ 

Sect.  40.  The  towns  of  Littleton,  Bethlehem  and  Frauconia,  in  District  of 
the  county  of  Grafton,  shall  constitute  a  judicial  district  which 
shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known  as 
the  police  court  for  the  district  of  Littleton,  which  court  is  hereby 
established.  Said  court  shall  hold  its  sessions  in  some  suitable  place 
in  the  town  of  Littleton. 

Sect.  41 .  The  towns  of  Lisbon,  Lyman,  Bath,  Landaff  and  Eas-  District  of  Lisbon, 
ton,  in  the  county  of  Grafton,  shall  constitute  a  judicial  district 
Avhieh  shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known 
as  the  police  court  for  the  district  of  Lisbon,  which  court  is  hereby 
established.  Said  court  shall  hold  its  sessions  in  some  suitable 
place  in  the  town  of  Lisbon. 

Sect.  42.     The  towns  of  Canaan,  Orange,  Grafton,  Enfield  and  5'^'"*='  °* 

.  .        .    .    ,  Canaan. 

Dorchester,  in  the  county  of  Grafton,  shall  constitute  a  judicial 
district  which  shall  be  under  the  jurisdiction  of  a  police  court,  to 
be  known  as  the  police  court  for  the  district  of  Canaan,  which  court 
is  hereby  established.  Said  court  shall  hold  its  sessions  in  some 
suitable  place  in  the  town  of  Canaan. 

Sect.  43.     The  towns  of  Woodstock,  Lincoln,  Thornton,  Liver- D'stwct  of 

_,  .  .  r>  /N       f»  1  ^  oodstock. 

more,  Ellsworth  and  "Waterville,  m  the  county  of  Grafton,  shall  con- 
stitute a  judicial  district  which  shall  be  under  the  jurisdiction  of 
a  police  court,  to  be  known  as  the  police  court  for  the  district  of 
Woodstock,  which  court  is  hereby  established.  Said  court  shall 
hold  its  sessions  in  some  suitable  place  in  the  town  of  Woodstock. 

Sect.  44.     The  towns  of  Wolfeboro,  Tuftonboro,  Sandwich  and  2,'^*J'^'  "^ 

.    Wolfeboro. 

Moultonborough,  in  the  county  of  Carroll,  shall  constitute  a  judi- 
cial district  which  shall  be  under  the  jurisdiction  of  a  police  court 
to  be  known  as  the  police  court  for  the  district  of  Wolfeboro,  which 
court  is  hereby  established.  Said  court  shall  hold  its  sessions  in 
some  suitable  place  in  the  town  of  Wolfeboro. 


722 


Chapter  169. 


[1913 


District    of 
Ossipee. 


District   of 
Coiiwav. 


District  of  Berlin 


District  of 
Northumberland. 


District    of 
Whitefield. 


District   of 
Gorham. 


District   of 
Lancaster. 


District    of 
Colebrook, 


Sect.  45.  The  towns  of  Ossipee,  Wakefield,  Brookfield.  Tam- 
worth,  Freedom  and  Effingham,  in  the  county  of  Carroll,  shall 
constitute  a  judicial  district  which  shall  be  under  the  jurisdiction 
of  a  police  court,  to  be  known  as  the  police  court  for  the  district  of 
Ossipee,  which  court  is  hereby  established.  Said  court  shall  hold 
its  sessions  in  some  suitable  place  in  the  town  of  Ossipee. 

Sect.  46.  The  towns  of  Conway,  Albany,  Jackson,  Bartlett, 
Chatham,  Eaton,  Hart's  Location  and  Madison,  in  the  county  of 
Carroll,  shall  constitute  a  judicial  district  which  shall  be  under  the 
jurisdiction  of  a  police  court,  to  be  known  as  the  police  court  for 
the  district  of  Conway,  which  court  is  hereby  established.  Said 
court  shall  hold  its  sessions  in  some  suitable  place  in  the  town  of 
Conway. 

Sect.  47.  The  city  of  Berlin  and  the  towns  of  Milan  and  Dum- 
mer,  in  the  county  of  Coos,  shall  constitute  a  judicial  district  which 
shall  be  under  the  jurisdiction  of  a  police  court,  to  be  known  as 
the  police  court  for  the  district  of  Berlin,  which  court  is  hereby 
established.  Said  court  shall  hold  its  sessions  in  some  suitable  place 
in  the  cit}^  of  Berlin. 

Sect.  48.  The  towns  of  Northumberland,  Stratford  and  Stark, 
in  the  county  of  Coos,  shall  constitute  a  judicial  district  which  shall 
be  under  the  j^^risdiction  of  a  police  court,  to  be  known  as  the 
police  court  for  the  district  of  Nortliumberland,  which  court  is 
hereby  established.  Said  court  shall  hold  its  sessions  in  some  suit- 
able place  in  the  town  of  Northumberland. 

Sect.  49.  The  tow^ns  of  Whitefield,  Carroll  and  Dalton,  in  the 
county  of  Coos,  shall  constitute  a  judicial  district  which  shall  be 
under  the  jurisdiction  of  a  police  court,  to  be  known  as  the  police 
court  for  the  district  of  Whitefield,  which  court  is  hereby  estab- 
lished. Said  court  shall  hold  its  sessions  in  some  suitable  place  in 
the  town  of  Whitefield. 

Sect.  50.  The  towns  of  Gorham,  Shelburne  and  Randolph,  in 
the  county  of  Coos,  shall  constitute  a  judicial  district  which  shall 
be  under  the  jurisdiction  of  a  police  court,  to  be  known  as  the  police 
court  for  the  district  of  Gorham,  which  court  is  hereby  established. 
Said  court  shall  hold  its  sessions  in  some  suitable  place  in  the  town 
of  Gorham. 

Sect.  51.  The  towns  of  Lancaster  and  Jefferson,  in  the  county 
of  Coos,  shall  constitute  a  judicial  district  which  shall  be  under 
the  jurisdiction  of  a  police  court,  to  be  known  as  the  police  court 
for  the  district  of  Lancaster,  which  court  is  hereby  established. 
Said  court  shall  hold  its  sessions  in  some  suitable  place  in  the  town 
of  Lancaster. 

Sect.  52.  The  towns  of  Colebrook,  Stewartstown,  Columbia  and 
the  remaining  organized  towns  in  the  county  of  Coos,  shall  con- 


1913]  Chapter  1G9.  723 

stitute  a  judicial  district  which  shall  be  under  the  jurisdiction  of 
a  police  court,  to  be  known  as  the  police  court  for  the  district  of 
Colebrook,  which  court  is  hereby  established.  Said  court  shall  hold 
its  sessions  in  some  suitable  place  in  the  town  of  Colebrook. 

Sect.  53.     Such  police  courts  shall  consist  of  one  learned,  able,  Justice  and  special 

.  ..-..,,,  justice  for  each 

and  discreet  person,  appointed  and  commissioned  as  justice  thereof  court, 
by  the  governor,  with  the  advice  and  approval  of  the  council ;  and 
a  special  justice,  appointed  and  commissioned  in  like  manner,  who, 
in  the  absence,  inability  or  disqualification  of  the  justice,  shall  per- 
form the  duties  and  exercise  the  powers  of  the  office. 

Sect.  54.  If  the  justice  and  special  justice  are  disqualified  or  if  both  disquaii- 
unable  from  any  cause  to  sit  in  any  case,  a  disinterested  justice  ^  '  ^'^"'^^  ^^^' 
of  the  peace,  attending  upon  the  written  request  of  the  justice,  may 
hear  and  determine  the  case,  and  issue  final  process  therein,  and  he 
shall  keep  a  record  thereof,  which  shall  be  kept  with  and  constitute 
a  part  of  the  records  of  said  court,  all  of  which  shall  have  like 
effect  as  if  it  were  heard  and  determined  by  the  justice  of  said 
court. 

Sect.  55.     No  justice,  special  justice  or  clerk  of  any  such  courts  Disqualifications 
shall  be  retained  or  employed  as  attorney  in  any  action,  complaint  °^  ^^^'^  "'®' 
or  proceeding  pending  in  his  court,  or  which  has  been  examined  or 
tried  therein,  nor  shall  any  attorney  be  permitted  to  practice  before 
any  such  court  when  the  justice  or  special  justice  thereof  is  con- 
nected with  or  associated  with  said  attorney  as  partner. 

Sect.  56.  No  justice  or  clerk  shall  receive  any  fee  or  compensa-  justice  or  special 
tion  to  his  o^vn  use  other  than  his  salary ;  but  the  clerk,  or  any  titied^to  TeeT 
justice  or  special  justice  performing  the  duties  of  clerk,  shall  collect 
and  receive  fifty  cents  for  the  entry  of  every  civil  action,  and  the 
legal  fees  for  issuing  warrants,  writs,  subpoenas,  executions,  writs 
of  possession  in  landlord  and  tenant  eases,  bail  papers  issued  by 
him  as  a  part  of  the  business  of  such  court ;  and  shall  render  a  true 
account  thereof  monthly  to  the  county  treasurer. 

Sect.  57.     Justices,  special  justices  and  clerks  may  administer  Administration  of 
oaths  in  all  cases  in  which  an  oath  is  required. 

Sect.  58.  The  police  coui-ts  for  the  districts  of  Nashua,  Man-  cierks  for  certain 
Chester.  Portsmouth,  Dover,  Rochester,  Somersworth,  Concord. 
Franklin,  Keene,  Claremont,  Laconia,  and  Berlin,  shall  have  a  clerk 
who  shall  be  appointed  by  the  governor,  with  the  advice  and  ap- 
proval of  the  council,  for  the  term  of  five  years,  and  in  case  of 
absence,  death,  or  removal  of  any  such  clerk  of  such  police  court, 
the  court  may  appoint  a  clerk  pro  tempore,  who  shall  act  until 
the  clerk  resumes  his  duties  or  until  the  vacancy  is  filled. 

Sect.  59.     The  justice  of  a  police  court  for  which  no  clerk  is  pro-  other  justices  may 
vided  by  the  provisions  of  this  act,  shall  keep  a  record  of  its  pro-  clerks. 
ceedings  and  perform  all  other  duties  of  the  clerk,  or  he  may  ap- 
point a  clerk  who  shall  be  paid  by  him.  for  whose  official  acts  he 


724  Chapter  169.  [1913 

shall   be   responsible,   and   who   shall   hold   his   office   during   the 
pleasure  of  such  justice. 
Duties  of  clerks.       Sect.  60.     The  clcrks  shall  be  sworn  to  the  faithful  performance 
of  their  duties.     They  shall  attend  all  sessions  of  their  respective 
/  courts  and  shall  keep  a  record  of  all  its  proceedings.     The  clerk 

of  each  court  or  the  justice  of  such  a  court  who  may  act  in  that 
capacity  may  issue  w^rits  and  processes,  shall  receive  all  fines,  for- 
feitures, and  costs  accruing  from  the  business  of  the  court  in  civil 
and  criminal  cases,  including  fees  for  blanks,  copies  and  other 
papers,  and  all  such  fines,  forfeitures,  costs  and  fees  shall,  except 
in  cases  where  otherwise  specifically  fixed  by  statute,  to  be  paid  to 
the  county  treasurer  in  monthly  payments  for  the  general  use  of 
the  county,  with  a  detailed  statement  of  the  amount  and  date  when 
the  person  from  whom  received,  and  the  consideration  therefor. 
Provided,  however,  that  from  such  fines,  forfeitures,  costs  and  fees, 
the  clerk,  or  the  justice  in  such  courts  as  have  no  clerk,  shall  pay 
the  cost  of  justices'  or  clerks'  bonds,  court  seal,  record  books,  print- 
ing blanks,  fees  of  officers  and  witnesses,  and  such  other  expenses 
as  may  be  legally  incurred  in  the  maintenance  and  conduct  of 
the  court ;  and  he  shall  render  in  the  aforesaid  monthly  statement 
a  full  account  thereof,  properly  verified  by  vouchers,  and  the  same 
shall  be  subject  to  the  audit  of  the  county  commissioners. 
Bond  of  clerk  or  Sect.  61.  The  clcrk,  or  if  no  clerk  is  required  by  this  act  or  ap- 
ac  ing  c  er  .  pointed  by  the  justice,  then  and  in  that  event,  the  justice  and 

special  justice,  before  entering  upon  the  performance  of  his  official 
duties,  shall  give  a  bond  in  the  sum  of  one  thousand  dollars  to  the 
treasurer  of  the  county  with  sufficient  sureties  to  be  approved  by 
the  county  auditors,  conditioned  to  account  for  and  pay  over  as 
required  by  law,  all  fines,  forfeitures,  fees  and  other  money  re- 
"^  ceived  by  him  in  the  exercise  of  his  office,  as  herein  provided,  and  a 

failure  so  to  account  or  pay  over  shall  be  a  breach  of  the  condition 
of  his  bond. 
Office  hours  of  Sect.   62.     Justices  of  police  courts  shall  prescribe  reasonable 

clerks.  ^^^^  hours  for  the  clerks  of  their  respective  courts,  during  which 

the  offices  of  the  clerks  shall  be  required  to  be  open,  such  liours 
shall  be  fixed  w4th  reference  to  the  business  of  such  court  and  with 
reference  to  the  convenience  of  the  public  and  of  attorneys.  The 
office  hours  as  fixed  shall  be  posted  in  a  conspicuous  place  in  each  of 
such  offices,  and  shall  be  set  forth  in  the  printed  rules  of  such 
courts.  Clerks  shall  also  keep  their  offices  open  whenever  the  court 
so  orders. 
Courts  of  recr.rti  Sect.  63.  Said  courts  are  hereby  made  courts  of  record  and  sliall 
have  a  seal,  stating  the  title  of  the  court  as  herein  fixed,  with  the  ad- 
dition of  the  words,  in  the  State  of  New  Hampshire. 

Cont-urrent    oiv.i        Sect.  64.     The  poHcc  courts  herein  established  shall  have  con- 
jurisdiction. 


1913]  Chapter  169.  725 

current  jurisdiction  with  the  superior  court  of  civil  causes  in  which 
the  damages  denumded  do  not  exceed  one  hundred  doUars  and  the 
title  to  real  estate  is  not  concerned.  All  such  actions  before  police 
courts  shall  be  made  returnable  before  the  court  of  the  district 
within  which  one  of  the  parties  resides,  and  no  writ  or  proceeding 
in  a  civil  action  shall  hereafter  be  made  returnable  before  a  justice 
of  the  peace  within  a  district  having  a  police  court,  but  shall  be 
returnable  and  returned  before  such  police  court. 

Sect.  65.  Such  police  courts  shall  have  original  jurisdiction,  original  criminal 
subject  to  the  right  of  appeal,  of  all  crimes  and  offenses  committed  ^""^  'ction. 
within  the  district  in  which  the  court  is  established  where  the  fine 
does  not  exceed  the  sum  of  five  hundred  dollars  and  imprisonment 
does  not  exceed  one  year  in  jail,  but  nothing  herein  shall  be  con- 
strued to  permit  any  such  court  to  impose  a  term  of  imprisonment 
in  the  state  prison. 

Sect.  66.     Such  courts  may  render  final  judgment  and  sentence  Final  judgment  in 

1  ,  iT        n  ^  j_  ij^iij  criminal    cases. 

m  any  criminal  case  where  the  fine  does  not  exceed  five  hundred 
dollars  and  the  term  of  imprisonment  does  not  exceed  one 
year  in  the  common  jail,  if  the  accused  pleads  guilty  or  nolo 
contendere,  or  files  a  writing  by  wdiicli  he  elects  a  trial  by  the  court 
and  waives  his  right  of  appeal. 

Sect.  67.     Writs  and  other  process  issuing  from  police  courts  Writs,   etc.,   form 
shall  be  under  the  seal  thereof,  shall  bear  teste  of  the  justice,  if  not 
disqualified,  otherwise  of  the  special  justice  and  shall  be  signed  by 
the  clerk. 

Sect.  68.  A  session  of  such  court  for  civil  business  shall  be  Civii  sessions, 
holden  on  one  day  at  least  in  each  month,  as  may  be  appointed  by  where  held. 
law  or  by  a  rule  of  the  court,  and  at  such  other  times  as  may  l)e 
necessary,  and  may  be  adjourned  from  day  to  day,  or  to  a  future 
day,  not  beyond  the  next  established  session ;  and  sessions  thereof 
may  be  holden  at  places  within  the  district  other  than  as  herein- 
before specified,  when  the  convenience  of  the  parties,  witnesses  or 
counsel  may  reasonably  recjuire,  provided  that  the  party  asking  for 
the  same  shall  indemnify  the  judge  for  his  reasonable  expenses  oc- 
casioned thereby,  wiiich  may  be  taxed  as  costs,  if  such  party  pre- 
vails. 

Sect.  69.     Writs  and  processes  in  civil  actions,  except  those  for  w^rits,  etc.,  when 
the  removal  of  tenants,  shall  be  returnable  at  the  regular  session  *<'''^''°^  ^• 
of  the  court  for  civil  business ;  writs  or  summons  against  tenants 
may  be  returnable  on  any  day. 

Sect.  70.     Executions  on  judgments  in  civil  suits  in  police  courts  Executions,    when 
shall  not  be  issued  until  twenty-four  hours  after  judgment,  and  able. 
shall  be  made  returnable  within  sixty  days  from  the  date  thereof. 

Sect.    71.     Appeals   may   be   taken    from   judgments   of   police  Appeals,   how 
courts  in  the  same  manner  and  upon  the  same  conditions  as  hereto- 
fore.   The  same  fees  shall  l)e  allowed,  in  proceedings  in  such  courts, 


726  Chapter  169.  [1913 

as  have  heretofore  been  allowed,  by  law,  in  like  eases  before  police 
courts. 

Existing  procedure      Sect.  72.     All  the  provisions  of  the  statutes  of  the  state,  not  in- 

appica  e.  consistent  herewith,  relating  to  procedure  in  civil  or  criminal  mat- 

ters in  police  courts,  shall  remain  in  full  force,  and  apply  to  the 
courts  hereby  established. 

Common  counts.  Sect.  73.  The  commou  counts  in  the  writs  issued  by  and  re- 
turnable to  said  courts  shall  conform  to  those  in  the  writs  issvied 
by  the  superior  court. 

Pending  actions         Sect.  74.     Any  suits  and  proceedinffs  which,  at  the  date  when 

transferred.  .  ;;  -  n 

this  act  takes  effect,  have  heretofore  been  begun,  or  are  pending 
in  or  retui'iiable  to  any  police  court  within  any  district  herein  de- 
fined ;  or  before  any  justice  of  the  peace  within  any  such  district, 
shall  be  transferred  to  and  be  heard  and  determined  before  the 
police  court  hereby  created  for  that  district ;  and  the  records  of  any 
police  court  existing  next,  prior  to  the  passage  of  this  act,  within 
any  district  herein  defined  and  created,  shall  be  delivered  to  the 
justice  of  the  police  court  hereby  created  for  such  district,  to  be 
kept  with  the  records  of  such  court. 

Court  rooms,  how  Sect.  75.  Towus  aiid  citics  wherein  the  general  sessions  of  said 
courts  are  held,  shall,  in  consideration  of  the  convenience  thereof 
to  such  towns  and   cities,   provide  some  suitable  room  or   place 

Salaries    of    'us-  "^^'l^^i'^in  the  scssious  of  Said  court  may  be  held. 

tices,  special  jus-      Sect.  76.     The  Salaries  of  the  justices  and  clerks  of  said  police 

tiees,   and   clerks.  .  n  i 

courts  shall  be  paid  in  monthly  payments  from  the  county  treas- 
urer; and  the  special  justices  shall  be  allowed  three  dollars  per 
day  for  each  day's  attendance,  except  as  herein  otherwise  provided, 
to  be  paid  from  the  county  treasury ;  and  the  same  may,  in  the  dis- 
cretion of  the  special  justice,  be  taxed  as  costs  in  the  proceeding, 
and  when  recovered,  shall  be  paid  to  the  county.  The  annual  salary 
of  said  justices  and  clerks  of  said  court,  shall  be  as  follows:  For 
the  district  of  Nashua,  the  justice,  $1,200,  the  special  justice,  $300, 
and  the  clerk,  $650;  for  the  district  of  Manchester,  the  justice,  $1,- 
500 ;  the  special  justice.  $350,  and  the  clerk,  $750 ;  for  the  district 
of  Milford,  the  justice,  $300 ;  for  the  district  of  Greenville,  the  jus- 
tice, $100 ;  for  the  district  of  Peterborough,  the  justice.  $150 ;  for 
the  district  of  Hillsborough,  the  justice,  $150;  for  the  district  of 
Goffstown,  the  justice,  $100;  for  the  district  of  Deny,  the  justice, 
$300 ;  for  the  district  of  Exeter,  the  justice,  $350 ;  for  the  district 
of  Salem,  the  justice,  $100 ;  for  the  district  of  Hampton,  the  justice, 
$100;  for  the  district  of  Newmarket,  the  justice.  $150;  for  the  dis- 
trict of  Candia,  the  justice.  $100 ;  for  the  district  of  Portsmouth,  the 
justice,  $700:  and  the  clerk,  $250;  for  the  district  of  Dover,  the 
justice  $900 :  and  the  clerk,  $400 ;  for  the  district  of  Rochester,  the 
justice,  $400:  and  the  clerk,  .$150;  for  the  district  of  Farmington, 


1913]  Chapter  169.  727 

the  justice,  $150;  for  the  district  of  Somersworth,  the  justice,  $400; 
and  the  clerk  $150;  for  the  district  of  Pittsfield,  the  justice,  $100; 
for  the  district  of  Pembroke,  the  justice,  $300 ;  for  the  district  of 
Franklin,  the  justice,  $400 ;  and  the  clerk,  $150 ;  for  the  district  of 
Bradford,  the  justice,  $150 ;  for  the  district  of  Concord,  the  justice, 
$1,000;  and  the  clerk,  $350;  for  the  district  of  Keene,  the  justice, 
$700 ;  and  the  clerk,  $250 ;  for  the  district  of  Winchester,  the  justice, 
$150 ;  for  the  district  of  Troy,  the  justice,  $100 ;  for  the  district  of 
Jaffrey,  the  justice,  $100 ;  for  the  district  of  Walpole,  the  justice, 
$100;  for  the  district  of  Newport,  the  justice,  $250;  for  the  district 
of  Claremont,  the  justice,  $350 ;  and  the  clerk,  $100 ;  for  the  district 
of  Charlestown,  the  justice,  $100 ;  for  the  district  of  Laconia,  the 
justice,  $500 ;  and  the  clerk,  $150 ;  for  the  district  of  Tilton,  the 
justice,  $200 ;  for  the  district  of  Alton,  the  justice,  $100 ;  for  the 
district  of  Bristol,  the  justice,  $100;  for  the  district  of  Haverhill, 
the  justice,  $200;  for  the  district  of  Hanover,  the  justice,  $100; 
for  the  district  of  Lebanon,  the  justice,  $300;  for  the  district  of 
Plymouth,  the  justice,  $250;  for  the  district  of  Littleton,  the  jus- 
tice, $200 ;  for  the  district  of  Lisbon,  the  justice,  $200 ;  for  the  dis- 
trict of  Canaan,  the  justice,  $200;  for  the  district  of  Woodstock, 
the  justice,  $L50;  for  the  district  of  Wolfeboro,  the  justice,  $150; 
for  the  district  of  Ossipee,  the  justice,  $150;  for  the  district  of 
Conway,  the  justice,  $200;  for  the  district  of  Berlin,  the  justice, 
$600 ;  and  the  clerk,  $200 ;  for  the  district  of  Northumberland,  the 
justice,  $150 ;  for  the  district  of  Whitefield,  the  justice,  $100 ;  for 
the  district  of  Gorham,  the  justice,  $100;  for  the  district  of  Lan- 
caster, the  justice,  $150 ;  for  the  district  of  Colebrook,  the  justice, 
$150. 

Sect.  77.     The  tenure  of  office  of  judges,  special  judges,  and  Tenure   of   exist- 
clerks  of  all  police  courts  within  the  state,  existing  next  prior  to  terminatfd.^'    ^  ° ' 
the  passage  of  this  act,  is  hereby  terminated,  and  such  courts  are 
hereby  abolished. 

Sect.  78.     Such  portions  of  chapter  211  of  the  Public  Statutes,  Repealing  clause; 
as  are  inconsistent  herewith,  and  any  other  law  or  laws  incon-  juV^'^^Iq^^b^*'' 
sistent  herewith,   are  hereby  repealed:   and  this  act   shall  take 
effect  July  first,  1913. 

[Approved  May  21,  1913.] 


728  Chapter  170.  [1913 

CHAPTER  170. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  118,  LAWS  1911,  ENTITLED 
"an  act  to  REGULATE  THE  USE  OF  THE  WATER  OF  WINNIPE- 
SAUKEE   lake/' 

Section    1.      Gauging   station   to  be   installed;   all  measuring  apparatus  to  be  open  to 

public  use. 

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

be^''iSliied?'"a'i/°     ^ECTiON  1.     That  section  4  of  chapter  118  of  the  Laws  of  1911 
measuring   appar- entitled  "An  Act  to  regulate  the  Use  of  the  Water  of  Winnipe- 

atus  to  be  open  to  °  ^ 

public  use.  saukee  Lake      be  amended  so  that  as  amended  said  section  shall 

read  as  follows:  Sect.  4.  Said  Winnipesaukee  [Winnipiseogee] 
Lake  Cotton  &  Woolen  Manufacturing  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  install  within  a  reason- 
able time  after  the  passage  of  this  act  and  at  all  times  thereafter 
maintain  at  a  suitable  place  at  the  outlet  of  said  lake  a  proper  and 
suitable  gauging  station  and  means  for  measuring  the  flow  of  water 
from  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  the  flow  of  water  from  said  lake,  and  said 
apparatus  and  records  shall  be  open  to  the  inspection  of  the  public 
at  all  reasonable  times.  Any  interested  party  or  his  agent  shall 
have  the  right  to  enter  upon  the  premises  of  said  company,  its  suc- 
cessors or  assigns  and  measure  the  flow  of  water  from  said  lake 
and  for  that  purpose  make  use  of  the  gauging  station  and  other 
works  of  the  company  in  such  manner  as  shall  cause  no  unreason- 
able interference  with  the  use  of  the  water  power  owned  by  said 
company. 

[Approved  May  21,  1913.] 


1913] 


Chapter  171. 


729 


CHAPTER  171. 


AN  ACT  IN  AMENDMENT  OF  ' '  AN  ACT  IN  AMENDMENT  OF  CHAPTER  133 
OF  THE  LAWS  OF  1911,  ENTITLED  '  AN  ACT  REPEALING  CHAPTER  86 
OF  THE  LAWS  OF  1905,  AND  CHAPTER  154  OF  THE  LAWS  OP  1909, 
AND  ENACTING  A  MOTOR  VEHICLE  LAW'  "  APPROVED  APRIL  15,  1913. 


Section 

3.  Section    renumbered. 

4.  Takes  effect  on  passage. 


Section 

1.  Fees  for  registration  of  certain  motor 

vehicles. 

2.  What      deemed      commercial      motor 

vehicle;    fees   for   certain   registra- 
tions and  certificates. 

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

Section  1.  An  act  in  amendment  of  -chapter  133  of  the  Laws  of  Fees  for  registra- 
1911  entitled  "An  Act  repealing  Chapter  86  of  the  Laws  of  1905  ""j^jdeg/^'' '"'^ 
and  Chapter  154  of  the  Laws  of  1909,  and  enacting  a  Motor  Vehicle 
Law,"  approved  April  15.  1913.  [chapter  81,  Laws  1913,]  is  hereby 
amended  by  striking  out  the  word  "automobile"  in  the  fifth  para- 
graph of  section  6  of  the  printed  bill,  and  by  inserting  in  place 
thereof  the  words  commercial  motor  vehicle,  so  that  said  paragraph 
as  amended  shall  read  as  follows:  For  the  registration  of  every 
commercial  motor  vehicle  used  exclusively  in  carrying  passengers 
for  hire,  the  sum  of  ten  dollars. 

Sect.  2.     Further  amend  said  act  bv  inserting  three  new  sections  what  deemed  com- 

_^  -,_■„,,  ^  r-  A  mercial    motor 

to  be  numbered  sections  /,  8  and  9,  as  follows:     Sect.  i.     A  com- vehicle;  fees  for 
mercial  motor  vehicle  shall  be  deemed  to  be  a  motor  vehicle  used  tfo*is"an"?eH^fi- 
exclusively  for  the  transportation  of  commercial  commodities,  or  *=**^^- 
used  exclusively  for  the  carrying  of  passengers  for  hire.     Sect.  8. 
For  the  operation  of  all  cars  bearing  the  neutral  zone  registration 
the  operator's  or  chauffeur's  license  issued  by  the  state  of  residence 
shall  be  deemed  sufficient.    The  fee  for  a  neutral  zone  registration 
shall  be  $2.     Sect.   9.     For  the  operation  of  all  motor  vehicles 
registered  for  the  months  of  July,  August  and  September  as  non- 
resident motor  vehicles,  special  non-resident  certificates  shall  be  is- 
sued, good  only  during  the  period  of  three  months  as  above  stated, 
and  no  buttons  shall  be  issued  to  chauffeurs.    For  original  special 
non-resident  certificate  and  examination  the  fee  shall  be  $2.     For 
all  subsequent  certificates  and  all  certificates  issued  to  drivers  who 
had  previously  been  examined  in  the  state  of  their  residence,  $1. 

Sect.  3.     Section  7  of  said  act  is  renumbered  to  become  section  section  renum- 
bered. 


10. 


Sect.  4.     This  act  shall  take  effect  upon  its  passage. 
[Approved  May  21,  1913.] 


Takes   effect 
on    passage. 


730 


Chapter  172. 
CHAPTER  172. 


[1913 


AN  ACT   TO  PROTECT  THE  YOUTH  OF  OUR  STATE. 


Section 


Act  in  force  where  adopted ;  minors 
not  to  frequent   streets,   when. 

Parents,  etc.,  permitting  violation, 
how  punished. 


Section 

3.  Curfew    to    be    sounded. 

4.  First  and  subsequent  violations,  pro- 

cedure. 

5.  Takes   effect  on  passage. 


In      force      where 
adopted ;   minors 
not  to  frequent 
streets,  when. 


Parents,  etc.,  per- 
mitting violation, 
how  punished. 


Curfew  to  be 
sounded. 


First    and    subse- 
quent violations, 
procedure. 


Takes  effect 
on  passage. 


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

Section  1.  Any  city  by  vote  of  its  city  council,  and  any  town 
at  any  annual,  special  or  biennial  meeting  by  a  major  vote  of  those 
present  and  voting,  is  authorized  and  empowered  to  adopt  the  pro- 
visions of  this  act.  In  all  cities  and  towns  which  shall  have  adopted 
the  provisions  of  this  act,  it  shall  be  unlawful  for  any  minor  under 
the  age  of  sixteen  years  to  be  upon  any  public  street,  square,  lane 
or  alley,  public  park  or  in  any  public  place,  after  the  hour  of  nine 
o'clock  in  the  evening,  unless  such  minor  is  accompanied  by  a 
parent,  guardian  or  by  some  other  suitable  person. 

Sect.  2.  Any  parent,  guardian  or  any  person  having  the  control 
of  any  minor  under  the  age  of  sixteen  years  who  shall  unlawfully 
permit  any  such  minor  to  be  upon  any  public  street,  square,  lane  or 
alley,  public  park  or  in  any  public  place  in  any  city,  town  or 
village  of  New  Hampshire  which  shall  have  adopted  the  provisions 
of  this  act,  in  violation  of  this  statute,  shall  upon  conviction  thereof 
be  punished  by  a  fine  not  exceeding  five  dollars  or  by  imprisonment 
not  exceeding  thirty  days,  or  both. 

Sect.  3.  A  w^histle  or  whistles  which  can  be  heard  in  every  part 
of  the  city,  town  or  village  shall  be  blown,  or  a  bell  or  bells  shall 
be  rung  at  the  appointed  time,  which  shall  be  called  the  curfew 
signal,  after  which  all  children  under  sixteen  years  of  age  shall  be 
required  to  be  off  the  street,  except  in  company  of  parent,  guardian 
or  some  other  suitable  adult  person. 

Sect.  4.  For  the  first  violation  of  this  act  by  any  child  coming 
Avithin  its  provisions,  such  child  shall  be  taken  to  its  home  by  the 
officers  and  the  parents  or  guardian  of  such  child  shall  be  notified 
of  the  penalty  for  any  subsequent  violation.  Upon  any  subsequent 
violation  of  this  statute  by  any  child,  said  parents  or  guardians 
shall  be  subject  to  the  provisions  of  section  2  of  this  statute. 

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

[Approved  May  21,  1913.] 


1913] 


Chapter  173. 


731 


CHAPTER  173. 


AN  ACT  IN  AMENDMENT  OF  SECTIONS  9  AND  18  OP  CHAPTER  61  OF  THE 
PUBLIC    STATUTES,   RELATING   TO    COLLECTION   OF    TAXES. 


Section 

1.     Notice    of    tax    sale    to    non-resident 
mortgagees. 


Section 

2.  Fees  of  collector  and  purchaser. 

3.  Takes  effect  on  pasasge. 


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

Section  1.  Amend  section  9  of  said  chapter  61  by  adding  at  the  Notice  of  tax  sale 
end  of  the  first  sentence,  the  words  by  registered  mail  so  that  said  mor'tgag'ee^s.  ^'^ 
section  9  shall  read  as  follows:  Sect.  9.  The  notice  required  by 
the  preceding  section  shall  be  in  writing,  and  shall  be  given  to 
those  mortgagees  who  reside  in  the  state  by  giving  in  hand  to,  or 
leaving  at  the  usual  place  of  abode  of,  each  a  copy  thereof;  and 
to  those  who  reside  out  of  the  state,  by  mailing  to  the  last  known 
postofifice  address  of  each  a  like  copy,  by  registered  mail.  If  a 
corporation  is  a  mortgagee,  notice  shall  be  given  in  the  manner 
aforesaid  to  the  president  or  treasurer  thereof. 

Sect.  2.  Amend  section  18  of  said  chapter  61  by  striking  out  Fees  of  collector 
the  words  ' '  For  travel  to  the  place  where  the  advertisements  for  ^"'^  purchaser. 
the  sale  are  to  be  printed  and  returning  home,  five  cents  per  mile, ' ' 
so  that  said  section  as  amended  shall  read  as  follows :  Sect.  18. 
The  fees  of  collectors  shall  be  as  follows:  For  advertising  in  the 
newspapers  and  in  town,  one  dollar ;  for  making  the  sale,  one  dollar 
a  day ;  for  each  deed  made  to  a  purchaser,  twenty-five  cents.  The 
sums  actually  paid  the  printers,  not  exceeding  one  dollar  and  fifty 
cents  a  square  for  three  insertions,  shall  be  a  legal  charge.  The 
fees  of  the  purchaser,  in  case  of  notices  to  mortgagees,  shall  be 
twenty-five  cents  for  each  notice,  and  five  cents  a  mile  each  way  for 
travel  to  serve  the  same. 

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


Takes   eflfect 
on   passage. 


[Approved  May  21,  1913.] 


732 


Chapter  174. 


[1913 


CHAPTER  174. 


AN   ACT   IN   AMENDMENT   OF    CHAPTER   76   OP   THE  LAWS   OF    1907,    EN- 
TITLED  *'AN   ACT  PROTECTING   GRAY    SQUIRRELS." 


Section 

1.      Killing,    when    prohibited    and    when 
permitted. 


Section 

2.      Repealing  clause;   act  takes  effect  on 
passage. 


Killing  when  pro- 
hibited and  when 
permitted. 


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


Repealing    clause; 
act    takes    < 
on  passage. 


Section  1.  Section  1  of  chapter  76  of  the  Laws  of  1907  is  hereby 
amended  by  striking  out  all  of  said  section  and  inserting  in  place 
thereof  the  following:  Section  1.  If  any  person  shall,  between 
October  1,  A.  D.  1913,  and  October  1,  A.  D.  1919,  take,  kill,  sell  or 
offer  for  sale  any  gray  squirrel,  he  shall  be  punished  by  a  fine  of 
$10  for  each  animal  so  taken,  killed,  sold  or  offered  for  sale,  pro- 
vided that  nothing  in  this  section  shall  prevent  the  killing  of  gray 
squirrels  during  the  month  of  October  outside  of  the  thickly  settled 
part  of  cities  and  towns.  Sect.  2.  It  shall,  however,  be  lawful  for 
any  person  engaged  in  agricultural  pursuits  to  kill  or  cause  to  be 
killed  on  land  owned  or  leased  by  him,  not  in  the  compact  part  of 
any  city  or  town,  any  graj^  squirrel  doing  or  evidently  about  to  do 
serious  damage  to  his  crops,  if  such  damage  cannot  be  otherwise 
effectively  prevented.  Sect.  3.  In  cases  in  which  the  permission 
given  by  section  2  of  this  act  does  not  afford  sufficient  protection 
to  crops  harvested  or  unharvested,  any  person  engaged  in  agricul- 
tural pursuits  may  present  to  the  fish  and  game  commission  a 
petition  setting  forth  the  facts,  and  the  commission,  after  hearing, 
may  issue  a  permit  to  such  person  to  kill  or  cause  to  be  killed  any 
gray  squirrel  on  land  owned  or  leased  by  him.  not  in  the  compact 
part  of  any  city  or  town,  during  such  time,  to  be  stated  in  the 
permit,  as  may  seem  reasonably  necessary.  And  no  person  shall 
be  liable  to  prosecution  for  any  act  done  in  compliance  with  the 
ffect    terms  oi  such  permit. 

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  May  21,  1913.] 


1913] 


Chapter  175. 
CHAPTER  175. 


733 


AN    ACT    IN    AMENDMENT    OF    CHAPTER    78    OF    THE    PUBLIC    STATUTES 
RELATING  TO  GUIDEBOARDS. 


Section 

1.     Where  to  be  maintained;   how  to  be 
marked. 


Section 

2.  Procedure  in  case  of  neglect. 

3.  Takes  effect  June   1,   1913. 


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

Section  1.  Section  1  of  chapter  78  of  the  Public  Statutes  is  where  tn  be  main- 
hereby  amended  by  striking  out  the  words  ' '  except  at  places  desig-  marked.  ''"^  ^'^  ^^ 
nated  by  vote  of  the  town  as  not  requiring  them,"  and  further  by 
striking  out  all  the  words  in  said  section  after  the  words  "the  name 
of ' '  and  by  substituting  therefor  the  words :  towns,  cities  and  places 
of  public  and  general  interest,  and  which  shall  also  indicate  the  best 
route  thereto,  for  the  accommodation  of  travelers  and  the  distance 
thereto,  so  that  said  section  as  amended  shall  read :  Section  1. 
Guideboards  or  posts  shall  be  kept  up  by  towns  at  the  junction  of 
highways  therein,  upon  which  shall  be  legibly  marked  the  name  of 
towns,  cities  and  places  of  public  and  general  interest,  and  which 
shall  also  indicate  the  best  route,  for  the  accommodation  of  trav- 
elers, and  the  distance  thereto.  Nothing  herein  contained  shall  be 
deemed  to  compel  cities  or  towns  to  erect  and  maintain  guideboards 
except  at  the  junction  of  main  thoroughfares. 

Sect.  2.  Section  2  of  said  chapter  78  is  hereby  repealed  and  procedure  in  case 
in  place  thereof  is  substituted  the  following :  Sect.  2.  In  cases  °^  "egiect. 
of  failure  of  any  town  to  comply  with  the  provisions  of  section  1, 
the  governor  and  council  may  prescribe  the  general  tenor  and  form 
of  such  signs ;  and  may  direct  where  the  same  shall  be  placed, 
and  cause  the  same  to  be  erected,  and  such  town  shall  be  chargeable 
with  all  the  expenses  incident  thereto  and  the  same  shall  be  added 
to  the  state  tax  for  such  town,  and  collected  therewith ;  and  any 
such  town  that  shall  have  neglected  for  twenty  days  after  notice 
from  any  taxpayer  of  such  town,  or  from  the  county  solicitor,  at- 
torney-general, or  the  governor  and  council,  served  upon  two  of 
the  selectmen,  to  comply  with  section  one,  at  the  highway  junction 
mentioned  in  such  notice,  shall  be  fined  not  exceeding  one  hundred 
dollars  for  every  such  failure. 

Sect.  3.     This  act  shall  take  effect  June  1,  1913.  Takes  effect 

June  1,   1913. 


[Approved  May  21,  1913.] 


734  Chapter  176.  [1913 

CHAPTER  176. 

AN  ACT  RELATING  TO  EMBEZZLEMENT  BY  INSURANCE  AGENTS. 


Section 

1.     What  constitutes  oflfense. 


Section 

2.     Repealing  clause;  act  takes  effect  oa 
passage. 


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

What  constitutes       SECTION  1.     Any  mouey,  substitute  for  money  or  thing  of  value 
o  ense.  whatsoever,  received  by  any  agent,  solicitor  or  broker,  as  premium 

or  return  premium,  on  or  under  any  policy  of  insurance  or  appli- 
cation therefor,  shall  be  received  by  such  agent,  solicitor  or  broker 
in  his  fiduciary  capacity  and  any  agent,  solicitor  or  broker  who  em- 
bezzles or  fraudulently  converts  or  appropriates  to  his  own  use, 
or,  with  intent  to  embezzle,  takes,  secretes  or  otherwise  disposes  of, 
or  fraudulently  withholds,  appropriates,  lends,  invests  or  otherwise 
uses  or  applies  any  money,  substitute  for  money  or  thing  of  value 
received  by  him  as  premium  or  return  premium  on  or  under  any 
policy  of  insurance  or  application  therefor,  contrary  to  the  instruc- 
tions or  without  the  consent  of  the  company,  association  or  society, 
for  or  on  account  of  which  the  same  was  received  by  him,  shall  be 
deemed  guilty  of  embezzlement,  and  shall  be  punished  as  provided 
in  section  17  of  chapter  274  of  the  Public  Statutes,  irrespective  of 
whether  or  not  such  agent,  solicitor  or  broker,  has,  or  claims  to 
have,  any  commission  or  other  interest  in  such  money,  substitute 
for  money  or  thing  of  value. 
Repealing  clause;  Sect.  2.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
^°*  passag?^*^''      hereby  repealed  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  May  21,  1913.] 


1913] 


Chapter  177. 


735 


CHAPTER  177. 


AN  ACT  TO  IMPROVE  AND  ENCOURAGE  THE  BREEDING  OF  POULTRY. 


Section 

1.  Annual    appropriation   of   $4,000   for 

poultry  department  at  state  college. 

2.  Distribution  of  funds  to  poultry  asso- 

ciations,  etc. 


Section 

3.  What    associations   eligible. 

4.  Certificates  of  exhibitions. 

5.  Repealing  clause;  act  takes  effect  on 

passage. 


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

Section  1.     The  sum  of  four  thousand  dollars  shall  be  paid  an- Annual  appropria- 
nually  in  the  month  of  August  to  the  New  Hampshire  College  of  '"'^  "   ^  ' 
Agriculture  and  Mechanic  Arts,  to  be  known  as  ' '  the  poultry  benefit 
fund"   for   the    establishment    of   a    poultry    department   in   said 
college,   and  to   encourage   and   improve   the   poultry   industry   of 
the  state. 

Sect.  2.     That  three  hundred  dollars  of  the  above  amount  shall  Distribution  to 

poultry  associa- 

be  used  by  the  New  Hampshire  College  of  Agriculture  in  conjunc-  tions,  etc. 
tion  with  the  extension  work  in  holding  demonstrative  exhibits  and 
lectures  on  poultry   culture   in  the  state  in  connection  with   the  / 

local  poultry  exhibitions  and  that  nine  hundred  dollars  of  the 
amount  shall  be  distributed  by  the  college  among  the  poultry  asso- 
ciations hereinafter  designated,  during  the  month  of  September  of 
each  year,  on  the  basis  of  the  total  entry  fees  received  by  such 
associations,  respectively,  during  the  year  preceding  that  time, 
as  hereinafter  provided,  and  the  sum  so  distributed  shall  be  used 
by  such  associations  for  the  purpose  of  enabling  them  to  hold  annual 
exhibitions  of  poultry  and  the  payment  of  legitimate  running  ex- 
penses of  the  same.  The  college  may  make  such  rules  as  it  may 
deem  suitable  for  the  carrying  out  of  the  provisions  of  this  act,  and 
any  part  of  this  aid  not  distributed  by  said  college  in  any  year  shall 
be  used  by  the  college  in  furtherance  of  its  poultry  department. 

Sect.  3.     No  association  shall  be  entitled  to  any  part  of  said  aid  What  associations 
unless  it  shall  have  been  incorporated  under  the  laws  of  the  state  ^  *^' 
for  the  purposes,  principally,  of  holding  exhibitions  of  poultry  and 
encouraging  the  poultry  interests  in  its  locality. 

Sect.  4.  No  association  shall  be  entitled  to  any  part  of  said  aid  Certificates  of 
unless  it  shall  certify  to  the  poultry  department  of  the  state  college 
of  agriculture,  not  later  than  the  first  day  of  July,  under  the  oath 
of  the  president  and  treasurer  of  such  association,  that  it  has  held 
an  exhibition  of  poultry,  during  the  months  of  November,  December 
or  January,  preceding  said  certificate,  the  amount  of  entry  fees 
paid  to  the  association  for  such  exhibition,  and  that  the  association 
is  in  need  of  such  aid  to  enable  it  to  continue  its  exhibitions  of 


736 


Chapter  178. 


[1913 


poultry,   together  with  such  other  facts  as  the  department   may 
require. 

Repealing  clause;      Sect.  5.     All  acts  Or  parts  of  acts  iucousisteiit  with  this  act  are 
hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage. 


act  takes   effect 
on  passage 


[Approved  May  21,  1913.] 


CHAPTER  178. 


AN  ACT  AUTHORIZING  THE  GOVERNOR  AND  COUNCIL,  IN  THEIR  DISCRE- 
TION, TO  PROVIDE  PECUNIARY  ASSISTANCE  TO  PRISONERS  AND  THEIR 
FAMILIES,   AND  TO   CAUSE  FORFEITURE  THEREOF. 


Section 

1.      Earnings   may   be  paid   to    prisoners 
or  dependent  relatives. 


Section 

2.  Forfeiture  by  misconduct. 

3.  Takes  effect  August  31,    191c 


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


Forfeiture  by 
misconduct. 


Earnings  may  be      SECTION  1.     That  the  govcrnor  and  council  be,  and  herebv  are 

paid    to    prisoners  n         •        i  n  i  •  i       c  i 

or  dependent  authorized  and  empowered  to  provide  tor  the  payment  to  prisoners 
confined  in  the  state  prison  of  such  pecuniary  earnings  and  to  the 
rendering  to  their  families  of  such  pecuniary  assistance  as  they,  the 
said  governor  and  council,  may  deem  proper,  under  such  rules  as 
they  may  prescribe.  Such  earnings  and  such  assistance,  when  al- 
lowed, shall  be  paid  out  of  such  money  as  may  be  available  for 
current  running  expenses  of  the  state  prison. 

Sect.  2.  That  any  money  arising  under  section  1  of  this  act 
shall  be  and  remain  under  the  control  of  the  governor  and  council, 
to  be  used  for  the  benefit  of  the  prisoner,  his  family  or  dependent 
relatives,  under  such  regulation  as  to  time,  manner  and  amount 
of  disbursement  as  the  governor  and  council  may  prescribe.  But 
should  such  prisoner  wilfully  escape  from  the  state  prison,  or 
commit  a  breach  of  discipline  while  confined  in  said  prison,  or  when 
at  liberty  on  parole  shall  violate  any  of  the  terms  and  conditions 
governing  prisoners  on  parole,  the  said  governor  and  council,  may, 
in  their  discretion,  cause  the  forfeiture  of  all  earnings  remaining 
to  the  prisoner's  credit,  and  the  same  shall  be  credited  to  the  ac- 
count from  which  it  was  taken. 

Sect.  3.     This  act  shall  take  effect  August  31,  1913. 


Takes   effect 
August    31,    1913 


[Approved  May  21,  1913.] 


1913] 


Chapter  179, 


737 


CHAPTER  179. 

AN  ACT   IK  AMENDMENT  OF   CHAPTER  153  OF   THE  LAWS  OF    1909,    RE- 
LATING   TO    DIRECT    PRIMARIES. 


Sectiok 

1.  Notice   of   primary,    requisites   of. 

2.  What  names   to   appear  on   ballot. 

3.  Prior   provision   repealed. 


Section 

4.  Nomination  by  petitioil. 

5.  Sections  renumbered. 

6.  Takes  effect  on  passage. 


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


Section  1.  Paragraph  2  of  section  5  of  said  act  is  hereby  Notice  of  primary, 
amended  by  striking  out  all  of  said  paragraph  after  the  words  "to-'^*'^"'^'  ^^ 
gather  with  the  offices  for  which  candidates  are  to  be  nominated  and 
delegates  to  be  elected,"  and  substituting  therefor  the  following: 
It  shall  also  state  the  date  before  which  declarations  of  candidacy 
and  primary  petitions  must  be  filed  to  place  names  upon  the  ballots 
to  be  used  at  such  primary,  the  officers  with  whom  they  must  be  ; 

filed,  the  number  of  primary  petitions  required  to  be  filed,  and  the 
fees  required  to  be  paid  at  the  time  of  filing  such  papers. 

Sect.  2.     Paragraph  1  of  section  6  of  this  act  is  hereby  amended  wi.at  names  on 
by  adding  after  the  words  "and  the  filing  fee  required  by  section  7 
of  this  act  shall  have  been  paid, ' '  the  words,  or  the  number  of  pri- 
mary petitions  required  by  section  8  of  this  act  shall  have  been 
filed. 

Sect.  3.     Paragraph  4  of  section  6  of  said  act  is  hereby  stricken  provision  repealed. 
out. 

Sect.  4.  After  section  7  of  said  act  insert  a  new  section  as  fol-  Nomination  by 
lows:  Sect.  8.  (1)  The  name  of  any  person  shall  be  printed  ^®*'*"'°' 
upon  the  primary  ballot  of  any  party,  without  the  filing  of  the  dec- 
laration provided  for  in  section  6,  or  in  the  payment  of  the  fee 
provided  for  in  section  7,  as  a  candidate  for  nomination  by  that 
party  for  any  office  indicated  in  the  requisite  number  of  primary 
petitions,  as  hereinafter  provided,  made  by  members  of  the  party, 
in  the  following  form  and  filed  with  the  secretary  of  state  together 
with  the  written  assent  of  such  person  to  the  printing  of  his  name 
on  said  ballot  as  requested  in  said  petition. 

State  of  New  Hampshire. 

County  of ss. 

City  (Town)  of 

I  do  hereby  join  in  a  petition  for  the  ]>ublieation  on  the  primary 

ballot  of  the  name  of whose  residence  is 

in  the  city  (town)  of (ward,  street 

and  number,  if  in  a  city),  in  the  county  of , 

for  the  office  of to  be  voted  for  on  Tuesday, 


738  Chapter  179.  [I913 

tte day  of  September,  19 . . ,  aud  I  certify 

that  I  am  qualified  to  vote  for  a  candidate  for  said  office,  that  I 

am  a  member  of  the party,  and  am  not,  at 

this  time  a  signer  of  any  other  similar  petition  for  any  other  candi- 
date for  the  above  office;  that  my  residence  is  in  the  city  (town) 

of (Avard,  street  and  number,  if  in  a  city) , 

in  the  county  of and  that  my  occupation 

is I  further  certify  that  I  believe  the  above- 
named  person  is  especially  qualified  to  fill  said  office. 

(Signed)      

State  of  NcAV  Hampshire. 

County  of ,  ss. 

City  (town)  of 19 .  . . 

The  above-named   personally 

known  to  me,  appeared,  and  made  oath  that  the  above  petition,  by 
him  subscribed,  is  true. 

Before  me. 


Justice  of  the  Peace  or  Notarv  Public. 


(2)  The  number  of  primary  petitions  to  be  filed  for  each  office 
shall  be  as  follows: 

(a)  For  governor,  two  hundred. 

(b)  For  representative  in  congress,  one  hundred. 

(c)  For  councilor,  fifty. 

(d)  For  county  officers,  twenty. 

(e)  For  state  senator,  fifteen. 

(f)  For  member  of  the  house  of  representatives,  and  all  other 
town  officers,  five,  except  in  towns  where  less  than  fifty  voters  are 
registered,  when  one  tenth  of  the  number  of  registered  voters  shall 
be  sufficient. 

(g)  For  delegate  to  the  state  convention,  no  primary  petition 
shall  be  required. 

(3)  Each  primary  petition  must  be  a  separate  paper,  must  con- 
tain the  name  of  only  one  signer,  and  must  contain  the  name  of 
one  candidate  and  no  more. 

(4)  The  oath  of  a  voter  upon  such  petition  shall  be  conclusive 
evidence  that  he  is  a  member  of  the  party  stated  therein,  but  no 
voter  shall  sign  conflicting  party  petitions,  nor  shall  he  sign  more 
than  one  primary  petition  for  the  same  office,  unless  more  than  one 
nomination  is  to  be  made ;  in  which  case  he  may  sign  as  many 
primary  petitions  as  there  are  nominations  to  be  made  for  the  same 
office. 

(5)  In  case  a  voter  has  signed  two  or  more  conflicting  primary 
petitions,  all  such  conflicting' petitions  shall  be  rejected.    The  officer 


1913]  Chapter  180.  739  ** 

with  whom  primary  petitions  are  filed  shall  immediately,  on  their 
receipt,  proceed  to  examine  the  same,  and  ascertain  whether  they 
conform  to  the  provisions  of  this  law.  If  found  not  to  conform 
thereto,  or  to  be  conflicting,  he  shall  then  and  there  in  writing 
on  said  petition  state  the  reason  why  such  petition  cannot  be  ac- 
cepted, and  shall  within  twenty-four  hours  return  the  same  to  the 
candidate  in  whose  behalf  it  Avas  filed.  In  such  case,  supplemen- 
tary petitions  may  be  filed,  but  not  later  than  eighteen  days  before 
the  primary  for  those  to  be  filed  with  the  secretary  of  state,  and 
all  others  twenty  days, 

(6)  Each  clerk  of  a  city  or  town  shall  forward  each  declaration 
of  candidacy  filed  with  him  to  the  secretary  of  state  within  two 
days  of  the  filing  of  the  same,  provided  the  requisite  fee  shall  have 
been  deposited,  or  the  requisite  number  of  primary  petitions  shall 
have  been  filed  therewith. 

(7)  Declarations  of  candidacy  and  primary  petitions  to  be  filed 
with  the  secretary  of  state  shall  be  filed  not  less  than  twenty-one 
days  before  the  date  of  the  primary,  and  all  others  twenty-four 
days,  except  as  provided  in  paragraph  (5)  of  this  section, 

(8)  The  secretary  of  state,  and  clerks  -of  cities  and  towns,  shall 
retain  the  primary  petitions  filed  with  them  until  the  first  day  of 
January  following  the  holding  of  the  primary,  when  they  may  be 
destroyed. 

Sect.    5.     Renumber   section    8    as    it    now   stands,    making    it  Sections  re- 
section 9,  and  likewise  respectively  renumber  all  succeeding  sec- 
tions. 

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

^  on    passage. 

[Approved  May  21,  1913.] 


CHAPTER  180. 


AN  ACT  TO  MAKE  MOXEY   ALREADY  APPROPRIATED  FOR  FERTILIZER  AND 
FEEDING  STUFFS  INSPECTION   AVAILABLE  FOR  THE  CURRENT  YEAR, 

Sectiox  I    Section 

1.  Appropriations    of    $3,208.41.  3.      Intent    of    act. 

2.  Appropriation  of  $2,700.  ]         4.      Takes    effect    on    passage. 

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

Section  1,     The  sum  of  seven  hundred  and  eight  dollars  and  Appropriations  of 
forty-one  cents  is  hereby  appropriated  to  meet  the  deficit  in  the 
cost  of  the  fertilizer  inspection  made  by  the  state  board  of  agricul- 


740 


Chapter  181, 


[1913 


Appropriation 
$2,700. 


Intent  of  act. 


Takes  effect 
on    passage. 


ture  for  1911-12,  the  same  being  already  appropriated  by  chapter 
43,  session  Laws  of  1901  but  not  available,  and  the  sum  of  twenty- 
five  hundred  dollars  is  hereby  appropriated  to  meet  the  expense  of 
the  fertilizer  inspection  for  1912-13  made  by  the  state  board  of 
agriculture  as  required  by  chapter  43,  session  Laws  of  1901. 
of  Sect.  2.  The  sum  of  twenty-seven  hundred  dollars,  is  hereby  ap- 
propriated to  meet  the  expense  of  the  feeding  stuffs  inspection  for 
1912-13  made  by  the  state  board  of  agriculture  for  said  year,  as 
provided  in  chapter  35,  session  Laws  of  1901  and  amended  by 
section  3,  chapter  195,  session  Laws  of  1911. 

Sect.  4.  The  intent  of  this  bill  is  to  make  money  already  ap- 
propriated for  the  purposes  named,  available  in  the  year  in  which 
the  expense  is  incurred. 

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

[Approved  May  21,  1913.] 


CHAPTER  181. 


AN  ACT  TO  PROVIDE  FOR  THE  ASSESSMENT  AND  COLLECTION  OF  AN  AN- 
NUAL state  TAX  FOR  THE  TERM  OF  TWO  YEARS 


Section 

1.      Annual   state  tax   of   $800,000. 


Section 

2.      Takes   effect    on   jiassage. 


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


Annual    state 
of  $800,000. 


Takes  effect 
on   passage. 


tax  Section  1.  The  sum  of  eight  hundred  thousand  dollars  shall  be 
raised  annually  for  the  use  of  the  state,  for  the  years  1914  and 
1915,  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,  1914,  and  1915;  and  the  state  treasurer  is  hereby  au- 
thorized to  issue  his  extent  for  all  taxes  which  shall  remain  unpaid 
on  the  dates  last  mentioned. 

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

[Approved  May  21,  1913.] 


1913]  .  Chapter  182.  ^  741 


CHAPTER  182. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  158  OF  THE  SESSION  LAWS  OF 
1909.  ENTITLED,  *'aN  ACT  FOR  THE  SUPPORT  AND  ENCOURAGEMENT 
OF  COMMON  SCHOOLS." 

Section  I    Section' 

1.  Application   of   act   limited.  3.     Takes  effect  January   1,    1914. 

2.  Apportionment  of  state  aid.  | 

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

Section  1.  Amend  section  1  by  striking  out  in  the  third  line  the  Afppiication 
figures,  "$7,000''  and  inserting  in  place  thereof,  $9,500;  and  in 
the  eighth  line  the  figures  "$4.50''  and  inserting  in  place  thereof 
$3.40  and  striking  out  the  last  paragraph  so  that  said  section  as 
amended  shall  read :  Section  1.  No  appropriation  of  money  pro- 
vided for  in  sections  2  to  3  inclusive  of  this  act  shall  be  held  to 
apply  to  towns  having  an  equalized  valuation  of  more  than  $9,500 
per  pupil  of  average  attendance  for  the  year  preceding ;  or  whose 
population  by  the  last  published  federal  census  is  more  than  3,500 ; 
or  whose  schools  have  been  maintained  less  than  an  average  of 
thirty  weeks  for  the  school  year  next  preceding ;  or  whose  tax 
rate  for  school  purposes  is  less  than  $3.40  on  one  thousand  dollars 
of  equalized  valuation. 

Sect.  2.  Amend  section  2  by  striking  out  the  entire  section  and  Apportionment  of 
inserting  in  place  thereof  the  following :  Sect.  2.  There  shall  an-  ^  '^  ®  ^'  • 
nually  in  the  month  of  December  be  apportioned  to  all  towns  not 
excluded  by  the  terms  of  section  1  and  as  hereafter  provided  state 
money  as  follows :  I.  To  all  towns  having  an  equalized  valuation 
per  pupil  of  average  attendance  of  less  than  $3,500,  the  sum  of 
$1.75  per  school  week  for  every  twei^ty-five  pupils  or  major  part 
thereof  of  average  attendance  for  the  year  next  preceding.  II. 
To  all  towns  having  an  equalized  valuation  per  pupil  of  $3,500 
or  more  and  less  than  $4,500,  $1.50.  III.  To  all  towns  having  an 
equalized  valuation  per  pupil  of  .$4,500  or  more  and  less  than 
$5,500,  $1.25.  IV.  To  all  towns  having  an  equalized  valuation  per 
pupil  of  $5,500  or  more  and  less  than  $7,000,  $1.00.  V.  To  all 
towns  having  an  equalized  valuation  of  $7,000  or  more  and  less 
than  $9,500,  per  pupil,  $0.75. 

Sect.  3.     This  act  shall  take  effect  January  1,  1914.  Takes  effect  Jan 

nary  1,  1914. 

[Approved  May  21,  1913.] 


742 


Chapters  183,  184. 


[1913 


CHAPTER  183. 

AN  ACT   RELATING   TO   THE   DISCHARGE   OF   MINORS   ERRONEOUSLY    COM- 
v'    MITTED  TO  THE  INDUSTRIAL  SCHOOL. 


Discharge,   how 
effected. 


T.ikes  effect 
on   passage. 


Section 

1.     Discharge,   how  effected. 


Section 

2.      Takes  effect  on  passage. 


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

Section  1.  Any  minor  erroneously  committed  to  the  Industrial 
School  may  be  discharged  by  a  justice  of  the  superior  court  upon 
petition  of  the  state's  attorney,  or  a  selectman  of  the  town,  or 
mayor  of  the  city  in  which  he  resides,  Avhenever  a  further  detention 
in  the  opinion  of  said  justice  is  unnecessary. 

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

[Approved  May  21,  1913.] 


CHAPTER  184. 


To  he  held   at 
North  Conway. 


Takes   effect 
on   passage. 


AN  ACT  IN  AMENDMENT  OF  SECTION  4  OF  CHAPTER  184  OF  THE  PUBLIC 
statutes,  in  RELATION  TO  PROBATE  COURTS  IN  CARROLL  COUNTY. 


Section 

1.      To   be   held    at   Xorth    Conway. 


Section 

2.      Takes   effect   on   passage. 


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

Section  1.  Amend  section  4  of  chapter  184  of  the  Public  Stat- 
utes by  inserting  the  word  North  before  the  word  "Conway'*  in  the 
first  line  thereof  so  that  said  section  as  amended  shall  read :  Sect. 
4,  For  the  county  of  Carroll,  at  North  Conway,  on  the  first  Tues- 
day of  January,  May  and  September ;  at  West  Ossipee,  on  the  first 
Tuesday  of  February,  June  and  October  ;/at  Ossipee,  on  the  first 
Tuesday  of  March,  July  and  November;  at  (Sanbornville)  on  the 
first  Tuesday  of  April,  August  and  December. 

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

[Approved  May  21,  1913.] 


1913^ 


Chapter  185. 


743 


CHAPTER  185. 


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


Section 

1.  Inspector    of    power    boats;    employ- 

ment, duties,  and  salary. 

2.  Rules  and  regulations. 

3.  Penalties   for    violations. 


Section 

4.  Fees  for  inspections  and  certificates. 

5.  Disposition  of  sums  received. 

6.  Repealing    clause ;     act    takes    effect, 

when. 


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

Section  1.     The  public  service  commission,  with  the  approval  of  inspector  of  power 

.,        ,      n  1  .  i?       1  •      boats;     employ- 

the  governor  and  council,  shall  employ  an  inspector  or  electric,  ment,  duties  and 
naphtha,  gasoline,  or  steam  power  boats,  whose  duty  it  shall  be  to  ^'^  "'^^^ 
inspect  all  such  boats,  and  the  boilers,  engines  and  hulls  thereof, 
and  their  appliances,  devices,  and  equipment  for  the  safety  of 
passengers  and  freight,  operated  as  common  carriers  or  kept  for 
hire  on  any  public  water  in  the  state,  not  subject  to  the  authority 
in  this  respect  of  United  States  inspection  laws,  or  where  inspec- 
tions under  such  laws  are  not  regularly  made.  He  shall  be  paid 
such  salary  as  may  be  fixed  by  the  governor  and  council  in  equal 
monthly  payments,  together  with  his  expenses  when  performing 
official  duties  outside  of  Concord,  which  expense  account  shall  be 
subject  to  the  audit  and  approval  of  the  state  auditor.  Such  in- 
spector, when  not  engaged  in  the  examination  or  inspection  of 
boats  or  launches,  shall  perform  such  duties  with  reference  to  the 
department  of  the  public  service  commission  as  said  commission 
shall  direct. 

Sect.  2.  The  public  service  commission  shall  prescribe  rules  Rules  and  reguia- 
and  regulations  governing  the  inspection,  licensing  and  operation  '°°^' 
of  all  such  boats,  and  the  equipment  and  operation  thereof,  except 
as  otherwise  provided,  copies  of  which  shall  be  furnished  to  the 
owners.  They  may  also  prescribe  rules  and  regulations  for  the 
classification,  examination  and  certification  of  captains,  masters, 
engineers,  pilots  and  operators  of  all  such  boats.  In  conducting 
such  examinations,  the  inspector  shall  have  authority  to  administer 
the  oath.  All  such  rules  and  regulations  shall  be  subject  to  modifi- 
cation from  time  to  time  as  occasion  may  require.  Until  such  rules 
and  regulations  shall  be  prescribed  the  existing  rules  and  regula- 
tions shall  remain  in  full  force  and  effect. 

Sect.  3.     Any  person  M^ho  after  July  1,  1913,  shall  use  any  boat  Penalties. 
or  launch  hereinbefore  described  on  any  public  lake,  river  or  pond 
in  this  state  without  a  certificate  of  inspection  under  this  act,  or 


744  Chapter  185.  [19.13 

shall  act  as  captain,  master,  pilot,  engineer,  or  operator  on  any 
such  boat  or  launch  without  having  been  examined  and  certified  in 
that  capacity  under  this  act  and  the  rules  and  regulations  pre- 
scribed by  the  public  service  commission  under  authority  of  this 
act,  or  when  his  certificate  has  been  revoked  or  suspended,  or  who 
shall  violate  any  rule  or  regulation  prescribed  by  the  public  service 
commission  under  authorit}'  of  this  a,ct  with  reference  to  the  inspec- 
tion, equipment,  or  operation  of  such  boats  or  launches,  shall  be 
subject  to  a  fine  of  not  exceeding  five  hundred  dollars,  or  imprison- 
ment for  not  exceeding  one  year,  or  both  such  fine  and  imprison- 
ment. Any  person  owning,  leasing  or  operating  on  any  such 
waters  any  such  boat,  not  operated  as  a  common  carrier  or  kept 
for  hire,  who  shall  violate  any  rule  or  regulation  prescribed  by  the 
public  service  commission  relating  to  the  equipment  or  operation 
of  such  boats  shall  be  punished  by  a  fine  of  not  exceeding  one 
hundred  dollars  or  imprisonment  for  not  more  than  one  year,  or 
by  both  such  fine  and  imprisonment,  for  each  offense. 
Fees  for  in^pec-  Sect.  4.  There  shall  be  paid  to  the  state  treasurer  fpr  every 
cates.  such  boat  inspected,  as  to  which  a  certificate  is  given  by  said  com- 

mission, the  sum  of  six  cents  per  mile,  from  Concord  to  the  place 
where  said  boat  is  examined,  apportioned  equally  between  all  boats 
examined  by  the  same  person  on  the  same  day,  and  a  fee  based 
upon  the  following  schedule : 

Boats  used  for  passengers  only,  or  for  passengers  and  freight. 
All  such  as  are  permitted  to  carry  a  maximum  of  not  exceeding 
ten  passengers. 

For  the  first  boat $5.00 

For  each  additional  boat  belonging  to  the  same  owner  and 

kept  at  the  same  place 3.00 

All  such  as  are  permitted  to  carry  a  maximum  of  more  than  ten 
and  not  exceeding  twenty-five  passengers, 

For  first   boat ." $10.00 

For  each  additional  boat  belonging  to  the  same  owner  and 

kept  at  the  same  place 3.00 

All  such  as  are  permitted  to  carry  a  maximum  of  more  than 
twenty-five  and  not  exceeding  one  hundred  and  fifty  passengers, 

For  the  first  boat $15.00 

For  each  additional  boat  belonging  to  the  same  owner  and 

kept  at  the  same  place 5.00 

All  such  as  are  permitted  to  carry  over  one  hundred  and  fifty 
passengers. 

For  first  boat •    $25.00 

For  each  additional  boat  belonging  to  the  same  owner  and 

kept  at  the  same  place 5.00 

Boats  used  exclusively  for  towing  freight 10.00 


1913]  CHAPTER!  186.  745 

Payment  thereof  shall  be  made  before  the  issuance  of  the  certifi- 
cate. The  fees  above  prescribed  shall  include  suitable  number 
plates  to  be  furnished  by  the  state  treasurer  without  further  cost 
to  the  boat  owner.  There  shall  be  paid  to  the  state  treasurer  for 
every  general  certificate  of  captain,  master,  engineer,  or  pilot,  two 
dollars;  and  for  every  limited  certificate  of  captain,  master,  engi- 
neer, or  pilot,  one  dollar.  A  general  certificate  shall  entitle  the 
holder  thereof  to  act  in  the  capacity  named  on  any  boat  of  a  class 
or  classes  described  in  the  certificate ;  a  limited  certificate  shall 
entitle  him  to  act  in  such  capacity  only  on  a  particular  boat  named 
in  the  certificate. 

Sect.  5.     All  sums  received  by  the  state  treasurer  under  this  act  Disposition  of 

.  •         -I     n  1      sums  received. 

shall  without  further  legislative  act  stand  appropriated  for  the 
payment  of  the  salary  and  expenses  of  the  inspector  and  his  assist- 
ants, if  any,  the  cost  of  plates,  and  any  other  expenses  connected 
with  the  administration  of  this  act,  and  any  balance  not  required 
for  that  purpose  shall  stand  appropriated  to  the  expense  of  placing 
and  maintaining  buoys  in  tlie  public  waters  of  the  state  so  far  as  • 
may  be  needed,  to  be  expended  under  the  direction  of  the  governor 
and  council,  and  any  further  balance  to  the  general  use  of  the  state. 

Sect.  6.     Chapter  50  of  the  Laws  of  1905  is  hereby  repealed,  and  S^taS'^^ct^^' 
this  act  shall  take  effect  May  1,  1913,  except  as  to  its  penal  provi- when, 
sions,  which  shall  take  effect  July  1,  1913. 

[Approved  May  21.  1913.] 


CHAPTER  186. 


AN    ACT   IN    AMENDMENT  OF   CHAPTER   198   OF   THE   LAWS   OF    1911    RE- 
LATING  TO   THE   BUREAU    OP    LABOR. 


Sectiox 

1.  Board    of    arbitration     and    concilia- 

tion. 

2.  Proceedings   and   findings. 


Section 

3.  Sworn   statements  as  to  dispute. 

4.  Strikes  and  lockouts,  procedure. 


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

Section  1.     Chapter  198  of  the  Laws  of  1911  is  hereby  amended  Board  of  arbitra- 
by  inserting  after  section  2  a  new  section  to  be  entitled  section  3,  tion.  *"    *'""*''  '* 
and  numbering  the  succeeding  sections  serially  from  4  to  9.     Said 
new  section  shall  read  as  follows :    Sect.  3.     There  shall  be  a  state 
board  of  conciliation  and  arbitration  consisting  of  three  persons 
who  shall  be  appointed  by  the  governor,  with  the  advice  and  consent 


findings. 


746  Chapter  186.  [1913 

of  the  council,  not  later  than  July  1st,  1913,  for  the  terms  of  one, 
two  and  three  years  respectively.     Thereafter  the  governor,  with 
the   advice   and   consent   of   the   council  shall   annually,   in   June, 
appoint  a  member  whose  term  shall  be  three  years  from  the  first 
day  of  July  following.     One  member  of  said  board  shall  be  an 
employer  or  shall  be  selected  from  an  association  representing  em- 
ployers of  labor,  one  shall  be  selected  from  a  labor  organization 
and  shall  not  be  an  employer  of  labor,  and  the  third  shall  be  ap- 
pointed upon  the  recommendation  of  the  other  two,  or  if  the  two 
appointed  members  do  not,  at  least  thirty  days  prior  to  the  expira- 
tion of  a  term,  or  within  thirty  days  after  the  happening  of  a 
vacancy,  agree  upon  a  third  member  he  shall  then  be  appointed  by 
the  governor.     Each  member  shall,  before  entering  upon  the  duties 
of  his  office,  be  sworn  to  the  faithful  performance  thereof.     The 
board  shall  choose  from  its  members  a  chairman,  who  shall  preside 
at  its  meetings. 
Proceedings  and        Sect.  2.     Scction  6  of  Said  chapter  is  hereby  amended  by  strik- 
ing out  in  the  third  line  thereof  the  word  "three"  and  inserting 
in  its  place  the  word  four  and  by  striking  out  all  after  the  word 
"to"  in  the  fifth  line  and  inserting  in  place  thereof  the  follow- 
ing: said  board  of  arbitration.     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  the  date  when  said  em- 
ployees presented  their  demand  in  writing  to  the  said  employer. 
The  chairman  of  said  board  shall  keep  a  record  of  the  proceedings, 
issue  subpoenas  and  administer  oaths  to  the  members  of  said  l)oard 
and  to  any  witness  said  board  may  deem  necessary  to  summon. 
Any  notice  or  process  issued  by  said  board  may  be  served  by  any 
sheriff  or  constable  to  whom  the  same  may  be  directed  or  in  wliose 
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,  so  that  said  section  as  amended  shall  read 
as  follows:     Sect.  6.     Whenever  in  case  of  any  such  controversy 
or  difference  the  employer  and  employee  shall  fail  to  agree  to  a 


1913]  Chapter  186.  747 

settlement  through  the  commissioner  as  provided  in  section  4,  then 
said  commissioner  shall  endeavor  to  have  said  parties  consent  in 
writing  to  submit  their  differences  to  said  board  of  arbitration. 
The  findings  of  said  board  of  arbitration  shall  be  tinal.  Said  find- 
ings 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  em- 
ployment. 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  the  date  when  the  employees 
presented  their  demand  in  writing  to  said  employer.  The  chairman 
of  said  board  shall  keep  a  record  of  the  proceedings,  issue  sub- 
poenas and  administer  oaths  to  the  members  of  said  board  and  to 
any  witness  said  board  may  deem  necessary  to  summon.  Any  notice 
or  process  issued  by  said  board  may  be  served  by  any  sheriff  or 
constable  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.  3.  Section  6  of  chapter  198  of  the  Laws  of  1911  is  hereby  Sworn  statements 
amended  by  striking  out  in  the  second  line  of  said  section  the  words 
"the  creation  of  a"  and  inserting  in  place  thereof  the  words  a 
reference  to  said,  so  that  said  section  as  amended  shall  read  as  fol- 
lows :  Sect.  6.  Upon  the  failure  of  the  labor  commissioner  in  any 
case  to  secure  a  reference  to  said  board  of  arbitration,  it  shall  be- 
come his  duty  to  request  a  sworn  statement  from  each  party  to  the 
dispute  of  the  facts  upon  which  their  dispute  and  their  reasons  for 
not  submitting  the  same  to  arbitration  are  based.  Any  sworn  state- 
ment made  to  the  labor  commissioner  under  this  provision  shall  be 
for  public  use  and  shall  be  given  publicity  in  such  newspapers  as 
desire  to  use  it. 

Sect.  4.  Section  7  of  chapter  198  of  the  Laws  of  1911  is  here-  strikes  and  lock- 
by  amended  by  striking  out  in  the  17th  line  thereof  the  words  "a""^'^'  ^''°^^^^''^- 
and  ' '  to  be  appointed ' '  and  inserting  in  place  of  the  word  "  a  "  the 
word  said,  so  that  said  section  as  amended  shall  read  as  follows : 
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  represent- 
ative body,  the  president  of  a  central  labor  council  or  assembly,  or 

19 


7*8 


Chapter  187. 


[1913 


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  commissioner  shall  be  satisfied  that  such  in- 
formation is  correct,  it  shall  be  the  duty  of  such  commissioner, 
within  three  days  thereafter,  to  put  himself  in  communication  with 
such  employer  and  employees  and  endeavor  by  mediation  to  effect 
an  amicable  settlement  between  them  or  to  persuade  them  to  submit 
the  matter  to  said  board  of  arbitration  and  conciliation  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  com- 
missioner may  investigate  the  cause  or  causes  of  such  controversy 
and  ascertain  which  party  thereto  is  mainly  responsible  for  the 
continuance  of  the  same,  and  may  make  and  publish  a  report 
assigning  such  responsibility. 

[Approved  May  21,  1913.] 


CHAPTER  187. 


AN    ACT    RELATIVE    TO    THE    REGISTRATION    OF    FOREIGN    CORPORATIONS. 


Section 

1.  Service    of    process    on    secretary    of 

state. 

2.  Notice    to    company    of    such    service. 

3.  Fine    for    non-compliance;     disability 

to  sue. 


Section 

4.  Service   of   trustee   writs. 

5.  Takes    effect    on    passage;    repealing 

clause. 


Service  of  process 
on    secretary   of 
state. 


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

Section  1.  Every  foreign  corporation  except  foreign  insurance 
companies  shall  before  doing  business  in  this  state  in  writing  ap- 
point the  secretary  of  state  and  his  successor  in  office  to  be  its  true 
and  lawful  attorney  upon  whom  lawful  process  in  any  action  or 
proceeding  against  it  upon  any  liability  arising  in  this  state  may 
be  served,  and  in  such  writing  shall  agree  that  any  lawful  process 
against  it  upon  such  liability  which  is  served  on  said  attorney  shall 
be  of  the  same  legal  force  and  validity  as  if  served  on  it,  and  that 
the  authority  shall  continue  in  force  so  long  as  any  liability  remains 
outstanding  against  it  in  this  state.     The  power  of  attorney  and  a 


1913]  Chapter  187.  749 

copy  of  the  vote  authorizing  its  execution  duly  certified  and  au- 
thenticated shall  be  filed  in  the  office  of  the  secretary  of  state,  and 
copies  certified  by  him  shall  be  sufficient  evidence  thereof.  Service  . 
of  such  process  shall  be  made  by  leaving  a  copy  of  the  process  and 
a  fee  of  two  dollars  in  the  hands  or  in  the  office  of  said  secretary, 
and  such  service  shall  be  sufficient  service  upon  the  corporation. 

Sect.  2.  When  legal  service  against  any  such  corporation  has  Notice  to  company 
been  served  upon  the  secretary  of  state,  he  shall  immediately  give  ° 
notice  to  the  corporation  of  such  service  by  mail,  postage  prepaid, 
directed  in  the  case  of  a  corporation  established  by  a  foreign  coun- 
try, to  the  resident  manager,  if  any,  in  the  United  States,  and  shall 
within  two  days  after  such  service  in  the  same  manner  forward  a 
copy  of  the  process  served  upon  him  to  such  corporation  or  manager 
or  to  any  other  person  designated  by  the  corporation,  by  written 
notice  filed  in  the  office  of  said  secretary.  The  fee  of  two  dollars 
paid  by  the  plaintiff  to  the  secretary  at  the  time  of  the  service 
shall  be  taxed  in  his  costs  if  he  prevails  in  the  suit.  The  secretary 
shall  keep  a  record  of  the  day  and  hour  of  the  service  of  all  such 
processes. 

Sect.  3.  Every  such  corporation  which  fails  to  comply  with  the  Fine  for  non-com- 
requirements  of  section  1  shall  be  liable  to  a  fine  of  not  more  than  to  "sue!'  '^^  '"  ^ 
five  hundred  dollars.  Such  failure  shall  not  affect  the  validity  of 
any  contract  with  such  corporation,  but  no  action  shall  be  main- 
tained or  recovery  had  in  any  of  the  courts  of  this  state  by  any 
such  foreign  corporation  so  long  as  it  fails  to  comply  with  the  re- 
quirements of  this  act,  or  upon  any  cause  of  action  accruing  during 
such  failure. 

Sect.  4.  Foreign  or  alien  companies  or  corporations  established  Service  of  trustee- 
by  the  law  of  any  other  state  or  country  and  having  a  place  of  '''"^^  ^' 
business  or  doing  business  within  this  state,  may  be  summoned  as 
trustees  and  trustee  writs  may  be  served  ui^on  them  as  other  w^rits 
are  served  upon  such  companies  or  corporations,  and  said  com- 
panies or  corporations  when  so  summoned  shall  be  liable  the  same 
as  if  they  were  domestic  corporations. 

Sect.  5.  This  act  shall  take  effect  upon  its  passage  but  no  cor-  Takes  effect  on 
poration  complying  with  its  provisions  before  July  1,  1913,  shall  ciausT'  '"^p®^""^ 
be  subject  to  the  penalties  prescribed  in  section  3.  All  acts  and 
parts  of  acts  inconsistent  with  this  act  are  hereby  repealed  but 
nothing  in  this  act  shall  be  construed  as  taking  away  or  impairing 
any  method  of  service  upon  foreign  corporations  now  provided  by 
law. 

[Approved  May  21,  1913.] 


750  ^  Chapters  188,  189.  [1913 

CHAPTER  188. 

AN    ACT    RELATIVE    TO    WORK    IN    MILLS    AND    FACTORIES    UPON    LEGAL 

HOLIDAYS. 

Section  I    Section 

1.     Work  not  to  be  required.  '        2.      Penalty  for  violation. 

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

Work  not  to  be         SECTION  1.     No  employee  shall  be  required  to  work  in  any  mill  or 
require  .  factory  On  any  legal  holiday,  except  to  perform  such  work  as  is 

both  absolutely  necessary  and  can  lawfully  be  performed  on  the 

Lord's  Day. 
Penalty.  Sect.  2.     Whocvcr  violates  the  provisions  of  this  act  shall  be 

punished  by  a  fine  not  exceeding  five  hundred  dollars. 

[Approved  May  21,  1913.] 


CHAPTER  189. 


AN  ACT  TO  REGULATE  FISHING  IN  NEWFOUND  LAKE. 


Section 

1.      Open    season   for   trout    and   salmon. 


Section 

2.      Repealing  clause;   act  takes  effect  on 
passage. 


Be  it   enacted   hy   the   Senate  and  House   of  Representatives  in 
Ge7ieral  Court  convened: 

Open  season  for  SECTION  1.  It  shall  be  lawful  to  take  trout  and  salmon  from  the 
trout  and  salmon,  ^^tcrs  of  Newfouud  lake  in  the  towns  of  Bristol,  Bridgewater, 
Hebron  and  Alexandria  in  Grafton  county  between  April  1  and 
September  15  of  any  calendar  year,  both  days  inclusive. 
Repealing  clause;  Sect.  2.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are 
on  pa^ssage?  ^'^      hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  May  21,  1913.] 


1913]  Chapters  190,  191.  751 

CHAPTER  190. 

AN  ACT  RELATING  TO  CORPORATIONS,  DOMESTIC  OR  FOREIGN,  OWNING  A 
MAJORITY  OP  THE  CAPITAL  STOCK  OP  STEAM   RAILROADS. 

Section  j    Section 

1.     To    make    returns    to    public    service    '         2.      Penalty   for   non-compliance, 
commission. 

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

Section  1.  Any  corporation,  whether  foreign  or  domestic,  which  To  make  returns 
owns  a  majority  of  tl^e  capital  stock  of  any  steam  railroad  in  the  commission, 
state,  shall  make  returns  and  furnish  information  to  the  public  ser- 
vice commission  of  tliis  state  as  to  all  its  properties  and  business, 
and  all  provisions  of  law  respecting  reports  and  information  con- 
cerning steam  railroads  and  respecting  the  issue  of  securities  shall 
be  held  to  apply  to  all  business  and  properties  of  such  holding  cor- 
poration, whether  used  or  employed  in  transportation  or  otherwise. 

Sect.  2.     If  any  such  holding  company  shall,  after  reasonable  Penalty. 
notice,  fail  to  comply  with  the  provisions  of  this  act,  the  supreme 
court  shall,  upon  petition  of  any  party  interested,  dissolve  the  rail- 
road corporation,  a  majority  of  whose  stock  is  owned  by  such  hold- 
ing companies. 

[Approved  May  21,  1913.] 


CHAPTER  191. 

AN  ACT  REPEALING  CHAPTER  183,  LAWS  OP  1911,  RELATING  TO  THE 
HALL  OF  HEROES  AND  AUTHORIZING  THE  GOVERNOR  TO  APPOINT  A 
COMMITTEE  TO  HONORABLY  TERMINATE  THE  AFFAIRS  OF  THE  COM- 
MISSION. 


Section 

1.  Prior    provisions    repealed. 

2.  Affairs,   how  closed  up. 


Section 

3.  Expenses  and  outstanding  bills. 

4.  Repealing    clause ;     act    takes    effect 

on  passage. 


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

Section  1.     Chapter  183,  Laws  of  1911,  relating  to  the  Hall  of  Prior  provisions 
Heroes  and  all  other  acts,  or  parts  of  acts,  authorizing  the  ap- ''*'^^*'^*^" 
pointment  of  any  commission  or  committee  to  investigate  this  mat- 
ter, is  hereby  repealed. 


752  Chapter  192.  [1913 

Affairs,  how  closed     Sect.  2.     Upon  the  passage  of  this  act  the  governor  is  authorized 
"^'  to  appoint  a  committee  of  three  from  the  present  members  of  the 

commission  who  shall  close  up,  as  soon  as  possible,  the  affairs  of  said 
commission,  and  are  given  full  authority  under  the  direction  of  the 
governor  and  council  to  return  all  photographs,  portraits,  or  souve- 
nirs, gathered  for  the  Hall  of  Heroes  by  the  commission,  to  their 
owners,  and  to  do  any  other  acts  necessary  for  the  honorable  termi- 
nation of  the  affairs  of  said  commission. 
Expenses  and  out-      Sect.  3.     Said  committcc  is  authorized  to  pay  any  expenses  neces- 
s  an  ing    i  s.       gitatcd  by  the  provisions  of  this  act  and  to  pay  all  just  bills  which 
may  be  found  outstanding  against  the  Hall  of  Heroes  commission 
out  of  the  unexpended  money  in  the  treasury  which  was  appro- 
priated by  the  act  establishing  the  commission  in  1911. 
Repealing  clause;      Sect.  4.     All  acts  or  parts  of  acts  inconsistent  of  this  act  are 
on  passage.  hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  May  21,  1913.] 


CHAPTER  192. 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  TO  PROVIDE  FOR  THE  NOMINATION 
OF  PARTY  CANDIDATES  BY  DIRECT  PRIMARY,"  BEING  CHAPTER  153  OF 
THE  LAWS  OF  1909. 

Section     1.     Registered    voter  may  vote  ballot  of  new  party. 

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

Voting  ballot  of       SECTION  1.     That  paragraph  3  of  section  10  of  chapter  153  of 

ew  par  y.  ^-^^  Laws  of  1909  be  and  is  hereby  amended  by  inserting  after  the 

last  word  the  words,  unless  he  desires  to  vote  the  ballot  of  a  party 

not  having  official  existence  at  the  time  that  his  party  membership 

was  previously  registered. 

[Approved  May  21,  1913.] 


1913] 


Chapter  193. 


753 


CHAPTER  193. 


AN  ACT  IN  AMENDMENT  OF  SECTION  4  OF  CHAPTER  48,  LAWS  OF  1907, 
ENTITLED  '^AN  ACT  FOR  PREVENTING  THE  MANUFACTURE  OR  SALE  OF 
ADULTERATED  OR  MISBRANDED,  OR  POISONOUS,  OR  DELETERIOUS  FOODS, 
DRUGS,  MEDICINES,  AND  LIQUORS.'' 


Section 

1.     Variations    in    food    packages,    when 
permissible. 


Section 

2.     Takes  effect  November  21,  1914. 


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

Section  1.  Section  4  of  chapter  48,  Laws  of  1907,  being  "  An  Variations  in  food 
Act  for  Preventing  the  Manufacture  or  Sale  of  Adulterated  or  permlfsniie^  ^^ 
Misbranded,  or  Poisonous  or  Deleterious  Foods,  Drugs,  Medicines, 
and  Liquors,"  is  hereby  amended  by  striking  out  the  words: 
''Third.  If  in  package  form,  and  the  contents  are  stated  in  terms 
of  weight  or  measure,  they  are  not  correctly  stated  on  the  outside 
of  the  package, ' '  and  inserting  in  lieu  thereof  the  following :  Third. 
If  in  package  form,  the  quantity  of  the  contents  be  not  plainly  and 
conspicuously  marked  on  the  outside  of  the  package  in  terms  of 
weight,  measure,  or  numerical  count:  Provided,  however,  that 
reasonable  variation  shall  be  permitted,  and  tolerances  and  also 
exemptions  as  to  small  packages  shall  be  established  by  rules  and 
regulations  made  in  accordance  with  the  provisions  of  section  7 
of  this  act. 

Sect.  2.     This  act  shall  take  effect  and  be  in  force  eighteen  Takes   effect   No- 

,1  n.         •■  vember   21,    1914. 

months  alter  its  passage. 
[Approved  May  21,  1913.] 


754  Chapters  194,  195.  [1913 

CHAPTER  194. 

AN  ACT  IN  AMENDMENT  OF  AN  ACT  PASSED  AT  THE  PRESENT  SESSION  OF 
THE    LEGISLATURE    ESTABLISHING    DISTRICT    COURTS. 

Section  i    Section 

1.     Waterville  placed  in  district  of  Ply-  2.      Takes  effect  on  passage, 

mouth.  I 

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

Waterville  in  dis-     SECTION  1.     That  the  town  of  Waterville  be  taken  from  the  police 
ymou   -gQ^j.^  q£  ^Y\e  district  of  Lincoln  and  placed  in  the  police  court  of 


the  district  of  Plymouth. 
Sect.  2.     This  act  shal 

[Approved  May  21,  1913.; 


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

on   passage.  j.  o 


CHAPTER  195. 

AN  ACT  PROVIDING  FOR  MONTHLY  PAYMENTS  OF  SALARIED  STATE  OFFI- 
CIALS  AND   EMPLOYEES. 


Section 

1.      Salaries  to   be  paid  monthly. 


Section 

2.     Repealing  clause;  act  takes  effect  on 
passage. 


Be  it   enacted   hy   the   Senate   and  House   of  Representatives  in 
General  Court  co7ivened: 

Payable  monthly.       SECTION  1.     All  pcrsons  performing  regular  work  in  the  service 
of  the  state  of  New  Hampshire  who  are  under  salary  shall  receive 
payment  monthly. 
Repealing  clause;      Sect.  2.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are 
on  passTge!  ^^     hereby  repealed  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  May  21,  1913.] 


1913]  Chapters  196,   197.  "  755 

CHAPTER  196. 

AN  ACT  DEFINING  SUFFICIENCY  OF  NOTICE  IN  CONDEMNATION  PROCEED- 
INGS BY  THE  UNITED  STATES. 

Section  I    Section 

1.     What  deemed  sufficient  notice.  '         2.     Takes   effect    on    passage. 

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

Section  1.     That  in  the  taking  of  lands  by  the  United  States  for  What  deemed  suf- 

,,.  ,  .  ,.  -in    IT  ^  ficient  notice. 

public  purposes,  by  condemnation  proceedings,  it  shall  be  deemed 
suflScient  notice  to  all  parties  interested  in  said  land,  if  an  attested 
copy  of  the  petition  for  such  taking  and  order  of  notice  thereon, 
made  by  the  court  petitioned,  shall  be  given  in  hand  or  left  at  the 
last  and  usual  place  of  abode  of  all  known  interested  parties  resid- 
ing in  New  Hampshire,  and  by  a  like  service  on  all  residing  outside 
of  said  state,  or  by  sending  by  registered  mail  a  like  copy  to  the 
last  known  post-office  address  of  such  known  interested  party,  and 
by  publication  in  such  paper  or  papers  and  for  such  times  as  the 
court  petitioned  may  order. 

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

^  °  on  passage. 

[Approved  May  21,  1913.] 


CHAPTER  197. 


AN  ACT  IN  AMENDMENT  OF  SECTION  8,  CHAPTER  72,  SESSION  LAWS  OF 
1911,  ENTITLED,  '^VN  ACT  RELATING  TO  THE  TERMS  OF  THE  SUPERIOR 
COURT  IN  AND  FOR  THE  COUNTY  OF  GRAFTON." 

Section    1.     Grand   and    petit    jury    attendance. 

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

Section  1.  Amend  section  8,  chapter  72,  session  Laws  of  1911.  Grand  and  petit 
by  striking  out  all  of  said  section  after  the  word  ' '  county ' '  in  line 
four  of  said  section,  so  that  said  section  as  amended  shall  read  as 
follows :  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. 

[Approved  May  21,  1913.] 


756 


Chapters  198,  199. 


[1913 


CHAPTER  198. 

AN  ACT  RELATING  TO  ICE  PISHING  IN  MOSQUITO  POND  IN  THE  CITY  OF 

MANCHESTER. 


Ice-fishing 
prohibited. 


Penalty. 


Takes    effect 
on   passage. 


Section 

1.  Ice-fishing   prohibited. 

2.  Penalty   for   violation. 


Section 

3.     Takes  effect  on  passage. 


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

Section  1.  All  persons  are  prohibited  from  fishing  through  the 
ice  for  a  period  of  five  years  from  the  date  of  the  passage  of  this 
act  on  Mosquito  pond  in  the  city  of  Manchester. 

Sect.  2.  If  any  person  shall  violate  the  provisions  of  this  act 
he  shall  be  punished  by  a  fine  of  ten  dollars  for  each  offense. 

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

[Approved  May  21,  1913.] 


CHAPTER  199. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  112  OP  THE  PUBLIC  STATUTES  RE- 
LATING TO  THE  SALE  OF  INTOXICATING  LIQUOR. 


Section 

1.     Exception    as    to    original    packages, 
etc.,    stricken    out. 


Section 

2.     Takes  effect  on  passage. 


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

Exception  stricken      SECTION  1.     Amend  chapter  112  of  the  Public  Statutes  by  strik- 
ing out  all  of  section  22  of  said  chapter. 
Takes  effect  Sect.  2.     This  act  sliall  take  effect  upon  its  passage. 

on   passage. 

[Approved  May  21,  1913.] 


1913]  Chapters  200,  201.  757 

CHAPTER  200. 

AN  ACT  RELATIVE  TO  THE  CONVEYANCE  OF  HOUSEHOLD  GOODS. 

Section  i    Section 

1.  By  whom  to  be  executed.  3.     Takes  effect   on  passage. 

2.  Conditional  sale  lien  excepted.  | 

Be  it  enacted  hy   the  Senate  and  House  of  Representatives  in 
General  Court  co7ivened: 

Section  1.     No  conveyance,  lease  or  mortgage  of  household  goods  By  whom  to  be 
in  use  by  a  husband  and  wife  in  their  household,  shall  be  valid  ^^^^^ 
unless  made  in  writing  and  executed  by  the  owner  and  the  husband 
or  wife  of  the  owner. 

Sect.  2.     This  act  shall  not  apply  to  liens  reserved  on  household  Exception. 
goods  sold  conditionally. 

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

■^  ^  "  ou  passage. 

[Approved  May  21,  1913.] 


CHAPTER  201. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  191  OF  THE  PUBLIC  STATUTES  OF 
NEW  HAMPSHIRE  RELATING  TO  DAMAGES. 


Section 

1.      Damages  in  action  for  death  by  neg- 
ligence. 


Section 

2.      Repealing  clause;   act  takes  effect  on 
passage. 


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

Section  1.  Amend  section  11  of  chapter  191  of  the  Public  Stat- Damages  in  action 
utes  of  the  State  of  New  Hampshire  by  adding  thereto  the  fol- negligence.  ^ 
lowing :  except  in  cases  where  the  deceased  has  left  either  a  widow, 
widower  or  minor  children  or  a  dependent  father  or  mother,  when 
the  damages  recoverable  shall  not  exceed  ten  thousand  dollars,  so 
that  said  section,  as  amended,  shall  read  as  follows:  Sect.  11. 
The  damages  recoverable  in  any  such  action  shall  not  exceed  seven 
thousand  dollars,  except  in  cases  where  the  deceased  has  left  either 
a  widow,  widower  or  minor  children  or  a  dependent  father  or 
mother,  w^hen  the  damages  recoverable  shall  not  exceed  ten  thou- 
sand dollars. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  Repealing  clause; 
hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage.         l"^  passW-^^*^' 

[Approved  May  21,  1913.] 


758 


Chapter  202. 


[1913 


CHAPTER  202. 


Expenses,  etc., 
may  be  paid  by 
state    treasurer. 


Administrator's 
liability  for  tax. 


Takes   effect 
on   passage. 


AN  ACT  TO  PROVIDE  FOR  THE  PAYMENT  OF  THE  EXPENSES  OF  THE  AD- 
MINISTRATION OP  ESTATES  UPON  PETITION  OF  THE  STATE  TREASURER 
UNDER  THE  PROVISIONS  OF  CHAPTER  42  OF  THE  LAWS  OF  1911. 


Section 

1.      Expenses,  etc.,  may  be  paid  by  state 
treasurer. 


Section 

2.  Administrator's  liability  for  tax. 

3.  Takes  effect  on  passage. 


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

Section  1.  Whenever  an  administrator  shall  be  appointed  upon 
application  of  the  state  treasurer,  as  provided  in  section  15  of 
chapter  40  of  the  Laws  of  1905,  as  amended  by  chapter  42  of  the 
Laws  of  1911,  the  expenses  of  such  administration  including  the 
reasonable  compensation  of  the  administrator  and  the  expenses  of 
such  litigation  as  the  administrator  may  undertake  upon  the  re- 
quest or  with  the  approval  of  the  treasurer  to  obtain  title  to  or  pos- 
session of  property  subject  to  the  legacy  and  succession  tax,  or  to 
recover  such  taxes  from  persons  liable  therefor,  ma}^  be  paid  by  the 
state  treasurer  and  the  governor  is  hereby  authorized  to  draw  his 
warrant  against  any  money  in  the  treasury  not  otherwise  appropri- 
ated for  the  payment  of  such  expenses.  All  sums  thus  paid  shall  be 
a  charge  upon  any  property  of  the  estate  which  may  come  into  the 
hands  of  the  administrator,  and  shall  be  repaid  to  the  state  treasurer 
from  such  property  or  the  proceeds  thereof. 

Sect.  2.  The  personal  liability  of  such  administrator  for  the 
payment  of  legacy  and  succession  taxes  shall  be  limited  to  such 
taxes  as  he  may  by  the  exercise  of  reasonable  diligence  recover  from 
property  of  the  estate,  or  from  persons  liable  therefor. 

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


[Approved  May  21,  1913. 


1913]  Chapters  203,  204.  759 

CHAPTER  203. 

AN  ACT  RELATING  TO  THE  SALE  OP  LANDS,  WOOD  AND  TIMBER  IN  THE 
CRAWFORD  NOTCH   SO-CALLED. 


Section 

1.     Governor   and   council   may   sell   and 
convey. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.     The  governor  and  council  are  hereby  authorized  and  saie  and  convey- 

_  iiT  111  ance   authorized. 

empowered  m  the  name  oi  the  state  to  sell  and  convey  the  whole  or 
any  part  of  the  lands,  wood  and  timber,  located  in  the  Crawford 
Notch  tract,  so-called,  taken  and  acquired  by  and  under  the  pro- 
visions of  chapter  130  of  the  session  Laws  of  1911,  at  such  price 
or  on  such  terms  as  in  their  judgment  may  be  for  the  best  interest 
of  the  state,  and  upon  such  sale  the  governor  is  hereby  authorized 
and  empowered  to  execute  and  deliver  a  deed  thereof  in  the  name 
of  the  state. 

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

•^  ^  °  on   passage. 

[Approved  May  21,  1913.] 


CHAPTER  204. 


AN    ACT    TO    PROHIBIT    THE    TAKING    OF    CONCH,    LOCALLY    KNOWN    AS 
WRINKLES,  FROM   THE  SHORES  AND  WATERS  OP  NEW   HAMPSHIRE. 


Section 

1.     Taking  restricted;   penalty  for  viola- 
tions. 


Section 

2.      Repealing  clause;   act  takes  effect  on 
passage. 


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

Section  1.     No  person  shall  take  from  the  shores  or  waters  of  Taking  restricted; 
this  state  any  conch,  locally  known  as  wrinkles  or  cockles,  except 
for  consumption  or  use  by  residents  of  this  state.    Any  person  vio- 
lating the  provisions  of  this  act  shall  be  fined  not  exceeding  fifty 
dollars  ($50)  for  each  offense. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  Repealing  clause; 
hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage.         on  vlsHgl  ^'^ 

[Approved  May  21,  1913.] 


760 


Chapter  205. 


[1913 


CHAPTER  205. 

AN  ACT  TO  CONTROL  THE  FURTHER  POLLUTION  OF  STREAMS,  LAKES  AND 
RIVERS  AND  THE  PROTECTION  OF  WATER  SUPPLIES. 


Section 

1.  Discharge  of   sewage  restricted. 

2.  Water    systems   to   be    approved. 


Section 

3.  Penalty  for  violations. 

4.  Takes   effect   on  passage. 


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


Discharge  of   seW' 
age  restricted. 


Proposed  water 
systems  to  be 
approved. 


Penalty. 


Takes   effect 
on   passage. 


Section  1.  In  order  to  maintain  the  purity  of  streams,  lakes  and 
rivers,  and  to  prevent  further  contamination,  no  person,  association 
or  corporation  shall  hereafter  c^use  or  permit  the  discharge  of 
sewage  or  other  deleterious  waste  from  any  factory,  hotel,  boarding- 
house,  or  other  commercial  establishment  into  any  stream,  lake, 
pond,  or  river  not  hitherto  polluted  without  first  submitting  de- 
tailed plans  of  said  proposed  discharge  to  the  state  board  of  health 
and  securing  the  approval  of  the  said  board. 

Sect.  2.  No  person,  association,  or  corporation  proposing  to 
supply  water  for  domestic  uses  shall  construct  any  new  system  or 
enlarge  any  existing  system  for  supplying  water  to  the  citizens  of 
any  town  or  city,  without  first  submitting  detailed  plans  of  the 
proposed  construction  to  the  state  board  of  health  and  securing  its 
approval  thereof.  And  it  shall  be  the  duty  of  the  said  state  board 
of  health  to  examine  the  topography  and  the  watershed  of  the  pro- 
posed supply,  and  shall  also  make  chemical  and  bacteriological 
analyses  of  the  waters  of  the  proposed  supply  before  approval  is 
granted. 

Sect,  3.  Whoever  violates  any  of  the  provisions  of  this  act  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars. 

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

[Approved  May  21,  1913.] 


1913]  Chapters  206,  207.  761 

CHAPTER  206. 

AN    ACT    TO    PROVIDE   FOR   A    LEGISLATIVE    REFERENCE    BUREAU    IN    THE 
NEW    HAMPSHIRE    STATE    LIBRARY. 

Section  I   Section 

1.      Bureau    established.  '         2.      Annual   expense  not  to  exceed   $500. 

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

Section  1.  There  is  hereby  established  in  the  state  library  under  Bureau 
the  direction  of  the  state  librarian  a  legislative  reference  bureau  ^^*^  '^  ^  ' 
whose  duties  shall  be,  to  collect,  arrange,  index  and  classify  books, 
pamphlets  and  other  material  relating  to  legislation ;  to  prepare 
abstracts  of  laws  in  other  states  and  countries ;  to  supply  such  other 
information  as  may  be  of  service  to  the  members  of  the  legislature 
or  the  executive  departments  in  the  performance  of  their  duties; 
to  furnish  to  members  of  the  legislature  such  assistance  as  may  be 
demanded  in  the  preparation  and  formulation  of  legislative  bills. 

Sect.  2.  The  state  librarian,  with  the  approval  of  the  trustees  Annual  expense 
of  the  state  library,  shall  be  empowered  to  incur  such  expense  as^gQQ^"  exceed 
may  be  necessary  in  the  proper  administration  of  the  bureau,  not 
exceeding  five  hundred  dollars  annually,  said  sum  to  be  expended 
from  the  appropriation  in  favor  of  said  state  library,  and  the  work 
made  necessary  by  the  installation  of  this  bureau  shall  be  per- 
formed by  the  regular  force  employed  in  said  state  library. 

[Approved  May  21,  1913.] 


CHAPTER  207. 


AN  ACT  RELATING  TO  THE  NOMINATION  AND  APPOINTMENT  OF  JUSTICES, 
SPECIAL  JUSTICES  AND  CLERKS  OP  POLICE  COURTS  FOR  DISTRICTS 
HERETOFORE  ESTABLISHED. 


Section 

1.      Appointments    may    be   made    during 
June,   1913. 


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.     The  governor,  by  and  with  the  advice  and  approval  Appointments  dur- 
of  the  council,  is  hereby  empowered  and  authorized  to  make,  during 


762 


Chapter  208. 


[1913 


Repealing    clause 
act   takes   effect 
on   passage. 


the  month  of  June  next,  nominations  and  appointments  of  justices, 
special  justices  and  clerks  of  police  courts  established  for  certain 
defined  districts  within  the  state  by  and  under  the  provisions  of 
an  act  heretofore  passed  at  this  session  of  the  general  court  entitled 
"An  Act  Establishing  Police  Courts  for  Certain  Districts  in  the 
State  of  New  Hampshire,  and  Abolishing  Existing  Police  Courts, ' ' 
and  such  nominees  may  qualify  during  the  month  of  June,  1913, 
but  they  shall  not  assume  their  office  until  the  first  day  of  the 
following  July. 

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


[Approved  May  21,  1913.] 


CHAPTER  208. 


AN    ACT    TO    PROHIBIT    DISCRIMINATION    AGAINST    MEMBERS    OF    LABOR 

ORGANIZATIONS. 


Section 

1.      Coercive     agreement     against     labor 
unions   prohibited. 


Section 

2.  Penalty  for  violations. 

3.  Takes  effect  on  passage. 


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


Coercive  agree- 
ment prohibited. 


Penalty. 


Takes   effect 
on    passage. 


Section  1.  No  person,  corporation,  agent  or  officer  on  behalf  of 
anj^  person  or  corporation,  shall  coerce  or  compel  or  attempt  to 
coerce  or  compel  any  person  or  persons  into  an  agreement,  either 
written  or  verbal,  not  to  join  or  become  a  member  of  any  labor 
organization,  as  a  condition  of  such  person  or  persons  securing 
employment  or  continuing  in  the  employment  of  any  such  person 
or  corporation. 

Sect.  2.  Any  person  or  corporation  violating  any  of  the  pro- 
visions of  this  act  shall  be  fined  not  less  than  two  hundred  dollars 
nor  more  than  one  thousand  dollars,  or  be  punished  by  imprison- 
ment in  the  county  jail  not  to  exceed  nine  months  or  both. 

Sect.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage  and  publication. 


[Approved  May  21,  1913.; 


1913]  Chapters  209,  210.  763 

CHAPTER  209. 

AN  ACT  IN  AMENDMENT  OF  SECTION  139  OP  CHAPTER  102  OF  THE  LAWS 
OF  1909,  RELATING  TO  THE  MILITIA. 


Section 

1.     Annual    uniform    allowance    to    com- 
missioned officers. 


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  139,  chapter  102  of  the  session  Laws  of  1909  Annual  uniform 
is  hereby  amended  by  striking  out  the  words:  '' Provided  that  no"  o^ance. 
allowance  shall  be  paid  to  any  commissioned  officer  who  has  not  held 
a  commission  six  months,"  so  that  said  section  shall  read:  [Sect. 
139.]  Every  commissioned  officer  shall  provide  himself  with  the 
arms,  uniforms,  and  equipments  prescribed  and  approved  by  the 
governor.  The  sum  of  twenty-five  dollars  shall  be  allowed  to  each 
commissioned  officer  of  the  New  Hampshire  National  Guard,  pay- 
able on  the  first  day  of  June  each  year, — the  same  to  be  used  ex- 
clusively for  purchase  and  repair  of  uniforms  and  equipments  by 
such  officers. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  Repealing  clause; 
are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage,  on*  passagef^''*'* 

[Approved  May  21,  1913.] 


CHAPTER  210. 


an  act  in  relation  to  the  insurance  commissioner. 

Section  i   Section 

1.     Traveling  expenses  allowed.  '        2.     Takes   effect   June    1,    1913. 

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

Section  1.     That  the  insurance  commissioner  shall  be  allowed  his  Traveling  expenses 
annual  traveling  expenses  while  engaged  in  the  performance  of  his  ''"°^^^- 
duties,  and  the  same  shall  be  paid  by  the  state  treasurer. 

Sect.  2.     This  act  shall  take  effect  June  1,  1913.  Takes  effect 

June   1,    1913. 

[Approved  May  21,  1913.] 


20 


764 


Chapters    211,  212. 


[1913 


CHAPTER  211. 


AN  ACT  IN  AMENDMENT  OF  SECTION  12  OF  CHAPTER  266  OP  THE  PUB- 
LIC STATUTES,  RELATING  TO  TRESPASS  AND  MALICIOUS  INJURIES. 


Section 

1.     Persuasion,     etc.,    not    unlawful    in- 
terference. 


Section 

2.     Takes  effect  on  passage. 


Persuasion,    etc., 
not   unlawful 
interference. 


Takes  eflfect 
on   passage. 


Be  it  enacted  hy   the  Senate  and  House  of  Representatives  in 
General  Court  co7ivened: 

Section  1.  Amend  section  12  of  chapter  266  of  the  Public  Stat- 
utes by  adding  at  the  end  thereof  the  following:  Provided,  how- 
ever, it  shall  not  be  unlawful  for  any  person  to  reason,  talk  or  argue 
with,  and  by  arguments  persuade  or  induce  such  other  person  to 
do  any  act  or  thing  or  pursue  any  line  of  conduct  which  is  not  the 
commission  of  an  offense  under  the  laws  of  this  state,  so  that 
said  section  as  amended  shall  read  as  follows:  Sect.  12.  If  any 
person  shall  interfere  in  any  way  whatever  to  injure  or  damage 
another  in  his  person  or  property,  while  engaged  in  his  lawful 
business,  trade,  or  occupation,  or  while  on  the  way  to  or  from  the 
same,  or  shall  endeavor  to  prevent  any  person  from  engaging  in 
his  lawful  business,  trade,  or  calling,  he  shall  be  fined  not  exceeding 
five  hundred  dollars,  or  be  imprisoned  not  exceeding  one  year ;  pro- 
vided, however,  it  shall  not  be  unlawful  for  any  person  to  reason, 
talk  or  argue  with,  and  by  arguments  persuade  or  induce  such  other 
person  to  do  any  act  or  thing  or  pursue  any  line  of  conduct  which 
is  not  the  commission  of  an  offense  under  the  laws  of  this  state. 

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

[Approved  May  21,  1913.] 


CHAPTER  212. 


AN    ACT    TO    REGULATE    ADVERTISEMENTS    AND    SOLICITATIONS    FOR   EM- 
PLOYEES  DURING    STRIKES,   LOCKOUTS   OR   OTHER   LABOR   DISPUTES. 


Section 

1.      Existence     of    labor     dispute    to     be 
stated. 


Section 

2.  Provision  inoperative,  when. 

3.  Penalty  for   violations. 


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

Existence  of  labor      SECTION  1.     If  an  employer,  duriiig  the  continuance  of  a  strike 
stated.  among  his  employees,  or  during  the  continuance  of  a  lockout  or 


1913] 


Chapter  213. 


765 


other  labor  trouble  ainoug  his  employees,  publicly  advertises  in 
newspapers,  or  by  posters  or  otherwise,  for  employees,  or  by  himself 
or  his  agents  solicits  persons  to  work  for  him  to  fill  the  places  of 
strikers,  he  shall  plainly  and  explicitly  mention  in  such  advertise- 
ments or  oral  or  written  solicitations  that  a  strike,  lockout  or  other 
labor  disturbance  exists. 

Sect.  2.  The  provisions  of  this  act  shall  cease  to  be  operative  provisions  inoper- 
when  the  state  board  of  arbitration  shall  determine  that  the  busi  ^''^*''  "^^*'°" 
ness  of  the  employer,  in  respect  to  which  the  strike  or  other  labor 
trouble  occurred,  is  being  carried  on  in  the  normal  and  usual  man- 
ner, and  to  the  normal  and  usual  extent.  Said  board  shall  de- 
termine this  question  as  soon  as  may  be,  upon  the  application  of 
the  employer. 

Sect.  3.     If  any  person,  firm,  association  or  corporation  violates^  Penalty. 
any  provisions  of  this  act,  he  or  it  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars  for  each  offense. 

[Approved  May  21,  1913.] 


CHAPTER  213. 


AN  ACT   IN   AMENDMENT  OP   CHAPTER  102  OF   THE  LAW^S  OF   1909,   RE- 
LATING  TO   THE   MILITIA. 


Section 

1.  Disbursements  of  adjutant-general. 

2.  Emergency   purchasos;    audit    of    ac 

counts. 


Section 

3.     Takes  effect  on  passage. 


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

Section  1.  Section  22,  chapter  102  of  the  Laws  of  1909  is  here-  Disbursements  of 
by  amended  by  striking  out  the  words  "governor  and  council,  °^^^^*''*"^^°^''^'- 
or  by  some  suitable  person  by  them  appointed  therefor"  at  the 
end  of  the  first  sentence  thereof,  and  inserting  in  place  thereof 
the  words  the  state  auditor,  and  striking  out  the  word  "treasurer" 
at  the  end  of  the  second  sentence  thereof,  and  inserting  in  place 
thereof  the  words  the  adjutant-general,  so  that  said  section  as 
amended  shall  read  as  follows:  [Sect.  22.]  He  shall  annually 
submit  to  the  governor  and  council  at  some  session  between  the 
first  days  of  September  and  October  a  correct  statement  of  his 
disbursements  for  the  preceding  year  ending  August  31st,  with 
vouchers  therefor,  and  the  same  shall  be  audited  and  adjusted  by 


766 


Chapter  214. 


[1913 


Emergency  pur- 
chases; audit  of 
accounts. 


Takes  effect 
on    passage. 


the  state  auditor.  The  accounts  and  vouchers  so  audited,  if  al- 
lowed, shall  be  deposited  and  kept  on  file  in  the  office  of  the  adju- 
tant-general. When  his  account  has  been  so  submitted,  and  ap- 
proved, he  shall  receive  a  certificate  from  the  governor  to  that 
eifect. 

Sect.  2.  Strike  out  section  46  of  said  chapter  102,  and  insert 
in  place  thereof  the  following:  [Sect.  46.]  No  officer  of  the  militia 
shall  incur  any  expenses  whatsoever  to  be  paid  by  the  state,  except 
such  as  are  authorized  in  this  chapter,  without  first  obtaining  the 
authority  of  the  governor;  in  extreme  emergencies,  however,  the 
commanding  officer  of  any  organization  or  detachment  of  the  active 
militia  may  make  purchases  of  such  necessities  as  are  absolutely 
required  for  the  immediate  use  and  care  of  his  command ;  a  report 
of  such  action,  containing  a  statement  of  the  articles  purchased  and 
the  price  thereof,  must  be  made  forthwith  through  the  proper 
channel  to  the  adjutant-general.  All  accounts  for  purchases  made 
by  the  adjutant-general  shall  be  audited  by  the  state  auditor.  All 
other  military  accounts  payable  by  the  state  shall  be  approved  by 
the  adjutant-general,  and  the  auditor  shall  promptly  audit  and 
certify  the  same.  Military  accounts  thus  audited  shall  be  paid  by 
the  treasurer  of  the  state  from  the  proper  appropriation  made  by 
the  legislature,  upon  the  warrant  of  the  governor. 

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

[Approved  May  .21,  1913.] 


CHAPTER  214. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  52  OF  THE  LAWS  OF  1891,  AS 
AMENDED  BY  CHAPTER  54  OF  THE  LAWS  OF  1911,  RELATING  TO  THE 
ELECTION  AND  QUALIFICATION  OF  THE  TRUSTEES  OP  THE  NEW  HAMP- 
SHIRE COLLEGE  OF  AGRICULTURE  AND  THE  MECHANIC  ARTS. 


Seven    members 
to  constitute 
quorum. 


Section 

1.      Seven  members  to  constitute  quorum. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.  Amend  section  5  of  chapter  52  of  the  Laws  of  1891, 
as  amended  by  chapter  54  of  the  Laws  of  1911,  by  striking  out  the 
word  "eight"  before  the  word  "members"  and  inserting  in  place 
thereof  the  word  seven,  so  that  as  amended  said  section  shall  read 
as  follows :  Sect.  5.  The  general  government  of  the  New  Hamp- 
shire College  of  Agriculture  and  the  Mechanic  Arts  is  vested  in  a 


1913]  Chapter  215.  767 

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  ap- 
pointed 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.  Seven  members  shall  constitute  a  quorum  for  the  transac- 
tion of  business  and  not  less  than  eight  affirmative  votes  shall  be 
required  to  elect  a  president  of  said  college. 

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

•^  -^  on   passage. 

[Approved  May  21,  1913.] 


CHAPTER  215. 


AN  ACT  IN  AMENDMENT  OF  SECTION  1  OP  CHAPTER  137  OF  THE  SESSION 
LAWS  OF  1907  AS  AMENDED  BY  CHAPTER  164  OP  THE  SESSION  LAWS 
OP  1909,  AS  AMENDED  BY  CHAPTER  43  OF  THE  SESSION  LAWS  OF 
1911,  ENTITLED,  ^'aN  ACT  IN  RELATION  TO  FIRE  ESCAPES  ON  CERTAIN 
BUILDINGS." 

Section    1.      Form    of    fire-escapes    and    exits  prescribed  for  certain  buildings. 

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

Section  1.     Section  1  of  chapter  137  of  the  session  Laws  of  1907  Form  of   fire-es- 
as  amended  by  chapter  164  of  the  session  Laws  of  1909,  as  amended  prescribed  for 
by  chapter  43  of  the  session  Laws  of  1911,  is  further  amended  by  '''■*^^''   buOdings. 
striking  out  all  of  said  section  and  inserting  the  following :   [  Sec- 
tion 1.]     No  building  three  or  more  stories  in  height,  any  part  of 
which  is  used  or  occupied  above  the  second  story  as  a  hotel,  tran- 
sient lodging  house,  sehoolhouse,  orphan  asylum,  theatre,  hall  for 
public  assembly,  factory,  mill  or  work  shop  shall  be  let,  leased  or 
occupied  for  such  purposes  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 


768  Chapter  216.  [1913 

one  hundred  and  fifty  feet  it  shall  be  provided  with  one  additional 
such  fire  escape  for  every  additional  one  hundred  and  fifty  feet  or 
fractional  part  thereof.  Every  building  in  which  laborers  are  em- 
ployed shall  be  provided  wdth  sufficient  means  of  escape  in  case  of 
fire  by  more  than  one  egress  each  of  which  shall  be  at  all  times 
free  from  obstruction  and  ready  for  immediate  use.  Every  door 
leading  in  or  to  any  such  building  shall  be  so  constructed  as  to  open 
outward  when  practicable,  and  shall  not  be  locked,  bolted,  or 
fastened  during  working  hours  as  to  prevent  free  egress.  The  pro- 
visions of  this  section  shall  not  apply  to  any  such  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  the  building  inspector,  chief  of 
fire  department,  or  board  of  selectmen. 

[Approved  May  21,  1913.] 


CHAPTER  216. 


AN  ACT  IN  AMENDMENT  OF  SECTION  5,  CHAPTER  57  OF  THE  PUBLIC 
STATUTES,  ENTITLED  "ANNUAL  INVOICE  OF  POLLS  AND  TAXABLE 
PROPERTY.'' 

SECTfoN    1.     Form    of    tax  inventory  blanks  prescribed. 

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

Form  of  tax  in-  SECTION  1.  That  sectiou  5,  chapter  57  of  the  Public  Statutes 
prescribed^*'^^^  ^^  amended  by  adding  at  the  end  thereof  the  following :  said  blanks 
shall  not  require  the  owner's  estimate  of  the  value  of  his  real 
estate,  or  the  value  of  his  personal  property  described  in  divisions 
7,  8,  9,  10  and  11  of  section  7,  chapter  55  of  the  Public  Statutes, 
but  shall  require  a  statement  of  the  value  of  all  other  classes  of 
taxable  property,  and  it  shall  be  the  duty  of  each  individual  and 
corporation  to  make  such  statement  of  value,  so  that  said  section  as 
amended  will  read  as  follows:  Sect.  5.  Such  blanks  shall  be  so 
arranged  and  formulated  as  to  require,  under  oath,  from  the  person 
or  corporation  to  be  taxed,  in  answer  to  interrogatories  therein 
stated,  a  description  of  all  real  estate  taxable  to  the  person  or  cor- 
poration, and  a  statement  of  the  gross  amount  or  quantity  of  each 
class  of  personal  property  for  which  he  or  it  is  taxable,  and  such 
other  information  as  will  enable  the  selectmen  or  assessors  to  assess 


1913]  Chapter  217.  769 

all  the  taxable  property  of  such  person  or  corporation  and  at  its 
true  value ;  also  a  list  of  the  shares  in  railroad  corporations  of  this 
state  owned  by  such  person  or  corporation.  Said  blanks  shall  not 
require  the  owner's  estimate  of  the  value  of  his  real  estate,  or  the 
value  of  his  personal  property  described  in  divisions  7,  8,  9,  10  and 
11  of  section  7,  chapter  55  of  the  Public  Statutes,  but  shall  require 
a  statement  of  the  value  of  all  other  classes  of  taxable  property, 
and  it  shall  be  the  duty  of  each  individual  and  corporation  to  make 
such  statement  of  value. 

[Approved  May  21,  1913.] 


CHAPTER  217. 


AN  ACT  RELATING  TO  THE  ADMISSION  OF  FOREIGN  INSURANCE  COM- 
PANIES, AND  AMENDING  SECTION  3  OF  CHAPTER  169  OF  THE  PUBLIC 
STATUTES. 

Section  '  1    Section' 

1.     Mutual    insurance    company,    prere-  2.     Takes  effect  on  passage, 

quisites  for  license.  j 

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

Section  1.  Section  3  of  chapter  169  of  the  Public  Statutes  is  Mutual  insurance 
hereby  repealed  and  re-enacted  to  read  as  follow^s:  Sect.  3.  No  su'es'^w' ^ice^se!' 
such  mutual  insurance  company  shall  be  licensed  to  do  business  in 
the  state,  unless  it  shall  possess  two  hundred  thousand  dollars 
($200,000)  of  cash  assets  invested  as  provided  in  the  preceding  sec- 
tion, nor  unless  its  assets  equal  its  outstanding  liabilities,  including 
reinsurance,  to  be  estimated  as  in  the  case  of  joint  stock  insurance 
companies,  and  including  also  the  amount  of  its  guaranteed  capital. 
Provided  that  such  a  mutual  company,  if  authorized  to  transact 
the  business  of  fire  insurance  only,  may  be  licensed  if  it  possesses 
a  surplus  of  not  less  than  seventy-five  thousand  dollars  ($75,000), 
with  also  invested  assets  of  not  less  than  one  hundred  and  fifty 
thousand  dollars  ($150,000),  with  additional  contingent  assets  of 
not  less  than  one  hundred  and  fifty  thousand  dollars  ($150,000)  ; 
or  if  it  possesses  a  surplus  equal  to  its  total  liability,  wdth  also 
invested  assets  of  not  less  than  one  hundred  thousand  dollars 
($100,000),  which  surplus  shall  be  well  invested  and  immediately 
available  for  the  payment  of  losses  in  this  state,  provided  further, 
that  such  company  shall  insure  on  no  single  hazard  an  amount  not 
larger  than  one  tenth  of  its  net  assets,  and  that  it  has  transacted 


770 


Chapter  218. 


[1913 


Takes  effect 
on  passage. 


business  in  its  home  state  at  least  five  years  prior  to  the  date  of 
applying  for  admission  to  this  state. 

Sect.  2.     This  act  shall  go  into  effect  upon  its  passage. 

[Approved  May  21,  1913.] 


CHAPTER  218. 


AN    ACT    AUTHORIZING    MUNICIPALITIES    TO    ACQUIRE,    MAINTAIN    AND 
MANAGE  LIGHTING  SYSTEMS. 


Section 

1.  Authority    granted. 

2.  Action,  how  taken  by  municipalities; 

purchase    of    existing    plant,    how 
consummated. 

3.  Right  of  eminent  domain. 

4.  Contracts  for   service   authorized. 

5.  Commissioners  authorized. 


Section 

6.  Organization     of     board;     vacancies, 

how  filled. 

7.  Appropriations     for     purchase,     con- 

struction,   etc. 

8.  Appropriations   for  maintenance,   op- 

eration,  etc. 

9.  Takes  effect  on  passage. 


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

Authority  granted.  SECTION  1.  Any  city,  town  or  village  district,  legally  organized 
under  chapter  53  of  the  Public  Statutes,  hereinafter  collectively 
referred  to  by  the  term  "municipality,"  may,  as  herein  provided, 
acquire  or  establish,  and  maintain  and  operate  suitable  municipal 
plants  for  the  purpose  of  supplying  through  the  whole  or  any 
portions  of  such  municipality  electricity  or  gas,  or  both,  for  the 
use  of  its  citizens  and  others,  and  for  such  other  purposes  as  said 
municipality  may  from  time  to  time  authorize  and  direct ;  and  for 
that  purpose  may,  as  herein  provided,  purchase  and  hold  in  fee 
simple  or  otherwise  any  real  or  personal  estate  and  any  rights 
therein,  including  water  rights,  and  may  do  all  other  things  neces- 
sary for  carrying  into  effect  the  purposes  of  this  act ;  and  may 
excavate  and  dig  conduits  and  ditches  in  any  highway,  square, 
passage-way,  common,  or  other  land  or  place,  and  erect  poles 
and  place  wires  for  the  transmission  of  electricity,  and  lay 
pipes  for  the  distribution  of  gas,  in  such  places  as  may  be  deemed 
necessary  and  proper;  and  may  change,  enlarge  and  extend  the 
same  from  time  to  time  when  said  municipality  shall  deem  neces- 
sary, and  maintain  the  same,  having  due  regard  for  the  safety  and 
welfare  of  its  citizens  and  security  of  the  public  travel.  Village 
districts  may  be  established  for  said  purpose  under  the  provisions 
of  said  chapter  53  of  the  Public  Statutes. 


1913]  Chapter  218.  771 

Sect.  2.  (a)  Any  city  may  acquire  or  establish  such  a  munici-  Action,  how  taken 
pal  plant  after  the  city  councils  shall  have  twice  voted,  subject  to  purchase  of  exist^ 
the  veto  power  of  the  mayor  as  provided  by  law,  the  second  of  cons^mated?"^ 
such  votes  being  passed  not  less  than  ninety  days  after  the  passage 
of  the  first  vote,  that  it  is  expedient  so  to  do,  and  after  such  final 
action  by  the  city  councils  shall  have  been  ratified  by  majority  vote 
at  a  general  election,  or  by  two  thirds  at  a  special  meeting,  of  the 
qualified  voters,  duly  warned  in  either  case,  and  held  not  less  than 
ninety  days  after  the  passage  of  the  second  vote  of  the  city  councils. 
If  such  ratifying  vote  shall  be  in  the  affirmative,  the  city  councils 
may  thereafter  vote  to  accept  the  proposal  of  the  public  utility  for 
the  sale  of  its  plant  and  property,  if  any  shall  have  been  made  as 
provided  in  paragraph  (c)  of  this  section,  or  may  vote  to  take  the 
plant  and  property  of  such  public  utility  by  condemnation  pro- 
ceedings as  herein  provided,  or  subject  to  the  provisions  of  this 
act  may  vote  to  construct  a  municipal  plant.  In  either  case  the 
city  councils  may  appropriate  or  vote  to  borrow  money  for  the 
purpose  of  paying  for  such  plant  and  property,  as  provided  in 
section  7  of  this  act.  (b)  Any  town  or  village  district  may  acquire 
or  establish  such  a  municipal  plant  after  it  shall  have  voted  that 
it  is  expedient  so  to  do,  by  majority  vote  at  a  regular  town  or 
village  district  meeting,  and,  after  the  expiration  of  not  less  than 
ninety  days,  shall  have  ratified  such  action  by  like  vote  at  an  ad- 
journment of  such  regular  meeting.  If  such  second  vote  shall  be  in 
the  affirmative,  said  adjourned  meeting  may  vote  to  accept  the  pro- 
posal of  the  public  utility  for  the  sale  of  its  plant  and  property,  if  any 
shall  have  been  made  as  provided  in  paragraph  (c)  of  this  section, 
or  may  vote  to  take  the  plant  and  property  of  such  public  utility 
by  condemnation  proceedings  as  herein  provided,  or  may  vote  to 
construct  a  plant.  In  either  case,  such  adjourned  meeting  may 
appropriate  or  vote  to  borrow  money  for  the  purpose  of  paying 
for  such  plant  and  property  as  provided  in  section  7  of  this  act. 
(c)  Within  thirty  days  after  the  passage  of  the  first  vote  by  the 
city  councils  or  by  a  meeting  in  a  town  or  village  district,  the  mayor 
of  such  city,  the  selectmen  of  such  town,  or  the  commissioners  of 
such  district  shall  demand  of  any  public  utility  operating  within 
the  limits  of  the  municipality,  of  the  same  kind  as  that  proposed 
to  be  acquired  or  established,  whether  such  utility  desires  to  sell  its 
plant  and  property  to  the  municipality  in  case  the  latter  completes 
the  action  necessary  to  the  acquisition  or  establishment  of  a  munici- 
pal plant.  Such  public  utility  shall  transmit  its  answer  to  such 
inquiry  in  writing  within  sixty  days  after  its  receipt.  In  case  its 
answer  shall  be  the  negative,  or  in  case  it  fails  to  transmit  its 
answer  in  writing  within  the  sixty  days  aforesaid,  it  shall  forfeit 
any  right  which  it  otherwise  might  have  had  to  require  the  pur- 


772  Chapter  218.  [1913 

chase  of  its  plant  and  property,  or  any  part  thereof,  by  the  munici- 
pality. In  case  it  answers  in  the  affirmative,  it  shall  state  the  terms 
and  conditions  upon  which  it  is  willing  to  sell  its  plant  and  property 
to  the  municipality,  and  shall  offer  to  furnish  a  schedule  thereof 
upon  demand  after  reasonable  notice,  and  to  permit  an  examination 
and  appraisal  of  its  plant  and  property  by  experts  or  other  repre- 
sentatives of  the  municipality.  Thereupon  the  municipality  shall, 
through  its  mayor,  selectmen  or  commissioners,  make  or  cause  to 
be  made  such  examination  or  appraisal  of  the  plant  and  property 
offered  for  sale  to  the  municipality  as  it  may  deem  advisable,  and 
receive  any  further  proposal  by  the  public  utility  for  the  sale  to 
the  municipality  of  its  plant  and  property,  or  such  portion 
thereof  as  may  be  specified  in  such  proposal,  and  the  results  of  such 
examination  or  appraisal,  together  with  such  further  proposal,  if 
any,  and  any  recommendations  thereon,  shall  be  filed  with  the  clerk 
of  such  municipality  at  least  ten  days  prior  to  the  date  set  for  the 
taking  of  the  second  vote  in  a  town  or  district,  or  the  ratifying  vote 
in  a  city,  upon  the  expediency  of  acquiring  or  establishing  a  munici- 
pal plant  as  above  provided,  (d)  If  such  existing  public  utility 
shall  have  failed  to  answer  as  aforesaid  and  within  the  time  afore- 
said, or  shall  have  answered  in  the  negative,  the  municipality,  in 
case  it  shall  have  passed  the  votes  and  taken  the  action  heretofore 
required,  may  construct  a  municipal  plant,  or  it  may  take  such 
private  plant  and  property  by  condemnation,  paying  therefor  just 
compensation  as  herein  provided,  (e)  If  such  existing  public 
utility  shall  have  answered  in  the  affirmative,  and  in  the  manner 
and  within  the  time  aforesaid,  and  such  municipality  shall  finally 
vote  in  favor  of  acquiring  a  municipal  plant,  and  the  municipality 
and  the  utility  shall  fail  to  come  to  an  agreement  as  to  the  value 
of  such  public  utility,  such  value  shall  be  determined  in  the  first 
instance  by  the  public  service  commission  after  notice  and  hearing, 
and,  on  appeal  of  either  party  taken,  within  thirty  days  after  the 
announcement  of  the  decision  of  the  commission,  to  the  superior 
court  of  the  county  where  the  principal  part  in  value  of  the  plant 
and  property  of  the  utility  is  situated,  by  such  court,  in  the  same 
manner  as  is  now  provided  by  law  for  assessing  damages  upon 
appeal  in  proceedings  for  laying  out  highways.  The  city  councils 
in  cities,  the  selectmen  in  towais,  and  the  commissioners  in 
village  districts  shall  have  power  to  authorize  the  settlement 
and  adjustment  of  any  such  condemnation  proceedings  upon 
such  terms  as  they  shall  consider  proper.  (f)  As  soon  as 
practicable,  but  not  exceeding  one  hundred  twenty  days  after 
the  final  vote  of  the  municipality  to  take  the  plant  and  property  of 
such  public  utility,  such  utility  shall  surrender  and  the  municipality 
shall  take  possession  of  such  plant,  property  and  facilities,  and 


1913]  Chapter  218.  773 

thereafter  operate  the  same.  At  the  time  of  such  change  of  pos- 
session, or  as  soon  as  practicable  thereafter,  the  utility  shall  make 
and  deliver,  and  the  municipality  shall  receive  and  accept,  such 
appropriate  deeds,  bills  of  sale,  or  other  evidences  of  title  as  the 
public  service  commission  may  approve  or  require,  and  the  pro- 
ceedings for  ascertaining  and  assessing  the  amount  to  be  paid  and 
received  therefor  shall  thereafter  proceed  to  a  conclusion.  In 
case  of  disagreement,  the  public  service  commission  shall  determine 
what  property  of  the  utility  is  and  what  is  not  subject  to  such  con- 
veyance under  the  terms  of  this  act,  and  what  shall  and  what  shall 
not  be  included  in  such  conveyance,  (g)  Any  municipality  pur- 
chasing the  plant,  property  or  facilities  of  a  public  utility  as  afore- 
said shall  purchase  the  whole  of  such  plant,  property  or  facilities 
used  in  the  production  of  the  same  kind  of  service  as  that  proposed 
to  be  established  by  the  municipality  which  is  within  its  limits,  as 
far  as  it  is  reasonably  suitable  for  or  is  used  in  connection  with  such 
public  utility  business.  The  price  to  be  paid  therefor  shall  be  the 
fair  value  thereof,  but  no  portion  of  such  plant  shall  be  estimated 
at  less  than  its  fair  value  for  any  other  purpose.  The  price  to  be 
paid  therefor  shall  also  include  the  damages,  if  any,  caused  by  the 
severance  of  any  portion  of  such  plant,  property  or  facility  lying 
outside  the  limits  of  the  municipality,  (h)  Where  the  major  part 
of  the  plant,  property  or  facilities  of  such  utility  lies  within  the 
limits  of  the  municipality  purchasing  the  same,  but  other  parts  of 
such  plant,  property  or  facilities  lie  without  its  limits,  the  munici- 
pality may  purchase  the  whole  of  such  parts  of  such  plant,  property 
or  facilities  outside  of  its  limits  as  the  public  service  commission, 
taking  into  consideration  the  rights  of  the  public  utility  and  of 
the  other  municipalities  in  which  it  operates,  may,  after  notice  to 
all  parties  interested  and  a  public  hearing,  determine  is  for  the 
public  interest,  and  necessary  for  the  proper  carrying  on  of  its 
business,  (i)  A  municipality,  which  has  acquired,  as  hereinbefore 
provided,  the  plant,  property  or  facilities  of  a  public  utility  in  any 
other,  municipality  may  thereafter  operate  therein  as  a  public 
utility  with  the  same  rights  and  franchises  which  such  outlying 
plant,  as  purchased,  would  have  had,  had  such  purchase  not  been 
made.  If  the  outlying  municipality  shall  itself  vote  to  establish  a 
municipal  plant,  all  the  provisions  of  this  act  shall  be  binding  as 
to  said  purchase. 

Sect.  3.     Said  municipalities  are  also  authorized  and  empowered  Right  of  eminent 
to  enter  upon  and  take  by  eminent  domain  any  land  or  any  interest  °™^'"' 
in  land,  within  its  limits  which  may  be  necessary  for  the  construc- 
tion, extension  or  maintenance  of  its  plant,  and  shall  pay  all  dam- 
ages sustained  by  any  person  or  corporation  by  condemnation  of 
any  land,  interest  in  land,  right  of  way,  or  water  right,  or  by  any 


774 


Chapter  218. 


[1913 


Contracts  for  serv- 
ice authorized. 


Commissioners 
authorized. 


Organization  of 
board;  vacancies, 
how  filled. 


other  thing  done  under  the  authority  of  this  act,  provided  that  if 
it  shall  be  necessary  to  enter  upon  and  appropriate  any  private 
property  or  rights  therein,  and  said  municipality  shall  not  agree 
with  the  owner  or  owners  thereof  for  the  damage  that  may  be  done 
thereby,  either  party  may  apply  to  the  superior  court  in  the  county 
where  said  town  or  district  is  located  to  have  the  same  laid  out,  and 
damages  determined,  and  thereupon  proceedings  shall  be  had  in  all 
respects  as  provided  by  law  in  case  of  appeals  and  award  of  dam- 
ages in  proceedings  for  laying  out  highways. 

Sect.  4.  Any  such  municipality  is  authorized  and  empowered  to 
contract  with  individuals,  corporations  and  with  other  municipali- 
ties and  the  citizens  thereof  for  supplying  them  with  electricity 
or  gas  for  any  of  the  purposes  herein  named  or  contemplated,  and 
to  make  such  contracts,  and  establish  such  regulations  and  such 
reasonable  tolls  for  the  use  thereof  as  may  from  time  to  time  be 
deemed  proper  and  necessary. 

Sect.  5.  For  the  more  convenient  management  of  any  such  light- 
ing system,  any  such  municipality  may  place  the  construction, 
management,  control  and  direction  of  the  same  in  a  board  of  com- 
missioners to  consist  of  three  or  more  citizens  of  such  municipality, 
to  be  chosen  in  the  manner  provided  by  law  for  water  commis- 
sioners in  such  a  municipality,  said  commissioners  to  be  vested  with 
such  powers  and  duties  relating  to  the  construction,  control  and 
management  of  the  service  as  may  from  time  to  time  be  prescribed. 
Their  terms  of  office  shall  be  for  one,  two  and  three  years,  and 
thereafter  one  shall  be  elected  each  year  for  a  term  of  three  years 
and  until  his  successor  is  elected  and  qualified. 

Sect.  6.  The  compensation  of  said  commissioners  shall  be  fixed 
by  the  municipality.  They  shall  be  sworn  to  the  faithful  discharge 
of  their  duties.  They  shall  annually  organize  by  choosing  one  of 
their  number  as  chairman  of  their  board,  and  said  board  shall 
appoint  a  clerk  and  a  superintendent  of  the  system,  and  such  other 
officers  and  agents  as  they  may  deem  necessary,  and  shall  thereupon 
furnish  the  clerk  of  the  municipality  a  certificate  of  such  organiza- 
tion, and  said  clerk  shall  record  the  same  in  his  records.  The  com- 
missioners shall  fix  the  compensation  of  all  officers  and  agents  ap- 
pointed by  them,  and  may  remove  the  same  at  will.  Whenever  a 
vacancy  shall  occur  in  said  board  from  any  cause,  the  remaining 
members  of  the  board  shall  fill  such  vacancy  temporarily  by  ap- 
pointing a  citizen  of  said  municipality  in  writing,  which  shall  be 
filed  with  the  clerk  thereof,  and  recorded  by  him  in  his  records; 
and  the  person  so  appointed  shall  hold  office  until  his  successor 
shall  be  elected  to  fill  out  the  unexpired  term.  Said  commissioners 
shall  annually  make  a  report  of  the  condition  of  the  system  finan- 
cially and   otherwise,  showing  the   funds  belonging  to  their  de- 


1913]  Chapter  218.  775 

partment  and  the  expenses  and  income  thereof,  with  such  other 
facts  and  information  as  they  may  have,  which  report  shall  be  pub- 
lished in  the  annual  report  of  the  municipality  each  year. 

Sect.  7.  Said  municipalities  are  also  authorized  and  empowered  Appropriations  for 
to  raise  by  taxation,  and  appropriate,  or,  as  provided  by  chapter  i3  stiTiction!  etc. 
of  the  Laws  of  1895,  to  borrow  and  hire  such  sums  of  money  on 
the  credit  of  the  municipality  as  may  from  time  to  time  be  deemed 
necessary  and  expedient  for  the  purpose  of  defraying  the  cost  of 
purchasing  or  taking  the  plant,  property  or  facilities  of  any  public 
utility  aforesaid,  which  said  municipality  may  acquirp,  or  f^r  cr  i- 
structing,  extending  or  enlarging  any  such  plant,  works  or  s  <  - '  :  '. , 
said  indebtedness  not  to  exceed  at  any  one  time  five  per  cent,  o: 
the  tax  valuation  of  the  municipality,  and  to  issue  notes  or  boinis 
of  the  municipality  therefor  in  such  amounts,  and  payable  at  such 
time  or  times  and  at  such  rates  of  interest,  as  may  be  fixed  therefor, 
and  may  exempt  such  notes  or  bonds  from  taxation  when  held  by 
the  inhabitants  of  the  municipality;  said  notes  and  bonds  to  be 
signed  as  provided  by  law  for  the  like  obligations  of  such  munici- 
palities. 

Sect.  8.  Said  municipalities  are  hereby  authorized  and  em-  Appropriations  for 
powered  to  raise  by  taxation  and  appropriate  such  sums,  if  any,  as  ^uon.^^tc.''^'  °^^^ 
may  be  necessary,  over  and  above  the  earnings  from  said  plant, 
to  pay  the  charges  of  operating  and  maintaining  the  same,  and  to 
pay  interest  on  notes  and  bonds,  and  such  part  of  the  principal  as 
may  be  determined  by  vote,  and  may  establish  a  sinking  fund  for 
the  redemption  of  the  bonds,  and  fix  the  amount  to  be  raised  by 
taxation  each  year  toward  said  sinking  fund. 

Sect.  9.     This  act  shall  take  effect  upon  its  passage.  Takes  effect 

on   passage. 

[Approved  May  21,  1913.] 


776 


Chapter  219. 


[1913 


CHAPTER  219. 

AN  ACT  IN  AMENDMENT  OP  CHAPTER  95,  OP  THE  LAWS  OP  1903,  AND 
AMENDMENTS  THERETO,  RELATING  TO  THE  POWERS  AND  DUTIES  OP 
THE  BOARD  OP  LICENSE  COMMISSIONERS  AND  APPOINTMENT  OP  SPE- 
CIAL AGENTS. 


Section 

1.  Licensed  innholders,   privileges  of. 

2.  Fees  for  licenses  of  first  class. 

3.  Special      agents,      appointment      and 

duties;  complaints,  how  prosecuted. 

4.  Existing  license  board  abolished. 

5.  State  liquor  agent,  office  abolished. 

6.  New  license  board  created. 


Section 

7.  Salaries    of    commissioners. 

8.  Bonds  of  commissioners. 
Powers  and  duties  of  board. 
Disposition   of   money   received;    dis- 
tribution of  surplus. 

Takes  effect  July  1,   1913;  repealing 
clause. 


9. 

10. 


11. 


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

Licensed  innhoid-  SECTION  1.  Amend  the  fii'st  [secoiid]  paragraph  of  section  6, 
further  privileges,  chapter  95,  Laws  of  1903,  relating  to  licenses  of  the  first  class  by 
adding  the  following  to  said  paragraph :  Provided,  however,  holders 
of  a  license  of  this  class  in  license  cities  and  towns  may,  in  the  dis- 
cretion of  the  state  board  of  license  commissioners,  be  granted  the 
right  to  sell  liquor  of  any  kind,  in  quantities  less  than  five  gallons 
to  one  person  at  one  time,  not  to  be  drunk  on  the  premises,  on  all 
days  except  Sundays  and  holidays  and  such  other  days  as  the  state 
board  of  license  commissioners  shall  designate,  so  that  said  section 
6  shall  read :  Sect.  6.  Licenses  shall  be  of  the  following  classes : 
First  class. — To  sell  liquor  of  any  kind,  to  be  drunk  on  the  premises, 
to  be  issued  only  to  innholders.  Provided,  however,  holders  of  a 
license  of  this  class  in  license  cities  and  towns  may,  in  the  discre- 
tion of  the  state  board  of  license  commissioners,  be  granted  the 
right  to  sell  liquor  of  any  kind,  in  quantities  less  than  five  gallons 
to  one  person  at  one  time,  not  to  be  drunk  on  the  premises,  on  all 
days  except  Sundays  and  holidays  and  such  other  days  as  the  state 
board  of  license  commissioners  shall  designate. 

Sect.  2.  Amend  section  7,  chapter  95,  Laws  1903,  by  striking 
out  the  figures  "$1,000"  in  the  first  line  of  the  first  [second]  para- 
graph thereof,  and  inserting  in  place  thereof  the  figures  $1,500,  so 
that  said  first  [second]  paragraph  shall  read:  Sect.  7.  Fees  for 
licenses  shall  be  as  follows:  First  Class.  Not  more  than  $1,500  nor 
less  than  $25  per  year,  and  the  state  board  of  license  commissioners 
are  hereby  authorized  and  empowered  to  fix  the  fee  and  restrict, 
define  and  limit  each  license  of  the  first  class  in  their  discretion, 
provided  however,  no  licensee  of  the  first  class,  in  a  no-license  city 


Fees     for     licenses 
of  first   class. 


1913]  Chapter  219.  777 

or  town  shall  sell  or  serve  liquor  except  to  bona  fide  registered 

guests  who  have  resorted  to  his  hotel  for  food  or  lodging.     Such 

licensee  shall  not  sell  liquor  to  any  resident  of  the  city  or  town 

in  which  his  hotel  is  situated,  neither  shall  he  maintain  or  keep 

a  bar  room  or  bar  at  which  liquor  is  sold. 

Sect.  3.     Section  5  of  chapter  95  of  the  session  Laws  of  1903,  special  agents,  ap- 
pointment  and 
as  amended  by  section  2  of  chapter  49  of  the  session  Laws  of  1905, duties;  complaints, 

is  hereby  repealed  and  the  following  new  section  is  hereby  enacted  °^  p^osecu  e 
in  place  thereof :  Sect.  5.  The  governor  with  the  advice  and  con- 
sent of  the  council  may  appoint  one  or  more  special  agents  and  fix 
their  compensation.  Such  special  agents  shall  hold  office  for  two 
years  following  their  appointment  and  may  be  removed  for  cause 
by  the  governor  with  the  advice  and  consent  of  the  council  after 
due  notice  and  hearing  thereon.  It  shall  be  the  duty  of  said  special 
agents,  under  the  direction  of  the  board  of  license  commissioners, 
to  investigate  all  matters  relating  to  the  collection  of  license  fees  or 
penalties  under  this  act,  and  in  relation  to  compliance  with  law  by 
persons  holding  licenses  under  the  terms  of  this  act.  Any  commis- 
sioner or  special  agent  may  enter  any  place  where  liquor  is  sold, 
at  any  time,  and  may  examine  any  license  certificate  issued  or  pur- 
porting to  have  been  issued  under  the  terms  of  this  act.  He  may 
investigate  any  other  matters  in  connection  with  the  sale  of  liquor 
and  shall  make  complaints  for  violations  of  this  act.  Said  special 
agents  shall  make  all  their  complaints  to  the  attorney-general,  who 
shall  investigate,  or  authorize  investigation  of  the  same,  and,  if 
satisfied  that  they  are  well  founded,  shall  bring  such  complaints 
before  the  board  of  license  commissioners  for  hearing,  and  shall 
prosecute  or  order  prosecution  of  the  same  before  the  board.  Said 
special  agents  in  the  performance  of  their  duties  shall  have  the 
powers  of  constables  in  criminal  cases  within  the  limits  of  the  state, 
and  section  20,  chapter  212,  of  the  Public  Statutes,  shall  not  apply 
to  them  when  acting  as  constables  under  this  section. 

Sect.  4.     The  tenure  of  office  of  the  board  of  license  commis- Existing  license 
sioners,  created  by  and  under  the  provisions  of  chapter  95  of  the''"'"''^  abolished. 
Laws  of  1903,  entitled,  "An  Act  to  regulate  the  Traffic  in  Intoxi- 
cating Liquors"  and  any  amendments  thereto,  is  hereby  terminated, 
and  said  board  is  hereby  abolished. 

Sect.  5.     The  tenure  of  office  of  the  state  liquor  agents  created  state  liquor  agent, 
by  and  under  the  provisions  of  chapter  71  of  the  Laws  of  1899."'^'"  abolished. 
entitled,  "An  Act  to  provide  for  the  Appointment  of  State  and 
Town  Liquor  Agents  and  to  regulate  their  Conduct"  is  hereby 
terminated  and  said  office  is  hereby  abolished. 

Sect.  6.     There  is  hereby  created  a  board  of  license  commis-  Board  of  license 
sioners,  to  consist  of  three  competent  persons,  of  whom  no  more  crratel.^ 
than  two  shall  belong  to  the  same  political  party,  to  be  appointed 


commissioners 


778 


Chapter  219. 


[1913 


Salaries. 


Bonds. 


Powers 
duties. 


and 


Disposition    of 
money   received  ; 
distribution   of 
surplus. 


Takes  eflfect  July 
1,  1913;  repeal- 
ing clause. 


and  commissioned  by  the  governor,  by  and  with  the  advice  and  ap- 
proval of  the  council  for  the  following  terms :  The  chairman  for  a 
term  of  six  years;  the  treasurer  (who  shall  ex  officio  be  the  clerk  of 
said  commission)  for  a  term  of  four  years;  and  the  remaining 
number  for  a  term  of  two  years.  Subsequent  appointments  shall 
be  for  a  term  of  six  years,  excepting  only  such  as  are  for  the  pur- 
pose of  completing  an  unexpired  portion  of  a  term. 

Sect.  7.  The  salaries  of  said  commissioners  shall  be  twenty-five 
hundred  dollars  each,  payable  in  equal  monthly  payments  from 
the  proceeds  received  from  licenses. 

Sect.  8.  The  treasurer  of  said  board  shall  give  bond  with 
sureties  duly  approved  by  the  governor  and  council  in  the  sum 
of  fifty  thousand  dollars,  and  the  other  members  in  the  sum  of  ten 
thousand  dollars,  upon  the  same  conditions  as  are  required  of  the 
license  commissioners  by  the  laws  in  force  next  prior  to  the  passage 
of  this  act. 

Sect.  9.  Said  board  of  license  commissioners  shall  have  all  the 
powers  and  perform  all  the  duties  imposed  by  the  law  of  this  state 
in  force  next  prior  to  the  passage  of  this  act,  upon  the  board  of 
license  commissioners,  except  as  herein  otherwise  provided,  and 
upon  the  state  liquor  agents. 

Sect.  10.  The  treasurer  of  said  board  of  license  commissioners 
shall  receive  all  moneys  lawfully  paid  to  said  board,  and  shall  pay 
the  same  to  the  state  treasurer  in  monthly  payments,  including 
therein  all  commissions  received  upon  liquors  furnished  to  or 
ordered  for  town  liquor  agents,  with  a  detailed  statement  of  the 
source  from  which  and  the  date  when  the  same  was  received,  and 
the  consideration  therefor,  and  from  the  moneys  thus  received,  by 
the  state  treasurer,  he  shall  pay,  subject  to  the  audit  of  the  state 
auditor  and  upon  the  warrant  of  the  governor,  the  salaries  and 
expenses  incurred  by,  and  under  the  authority  of  said  board,  and 
any  balance  received  from  license  fees,  shall  be  paid  by  and  dis- 
tributed by  him,  as  the  same  is  now  by  law  paid  by  and  distributed 
by  the  treasurer  of  the  license  commission. 

Sect.  11.  This  act  shall  take  effect  July  1st,  1913,  and  all  acts 
and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 


[Approved  May  21,  1913. 


1913] 


Chapter  220. 


779 


CHAPTER  220. 

AN   ACT   RELATING   TO    THE   PURCHASE   OF    MILK,    CREAM,    AND   BUTTER 
WITHIN  THE  STATE  FOR  SHIPMENT  AND  SALE  WITHOUT  THE  STATE. 


Section 

1.  Purchasers  to  be  licensed. 

2.  Statement    to   be    filed   by    applicant. 

3.  License   fees;    bond,    when   required. 

4.  Statements   as  to  licensee's  business. 

5.  Licensee     selling    realty     to    furnish 

bond. 

6.  Payments,    when   due,    in   absence  of 

writing. 


Section 

7.  Bond  forfeited  if  payments  overdue. 

8.  Suit  on  bond  in  name  of  state,  when. 
Service  on  obligor,  how  made. 
License     to     be     suspended     if     suit 

brought. 
Penalty  for  sundry  violations. 
Takes  effect  on  passage. 


9. 
10. 


11. 
12. 


filed  by  applicant. 


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

Section  1.     Every  person,  co-partnership,  association  or  corpo-  Purchasers  to  be 
ration  that,  as  a  part  of  his,  their  or  its  business,  purchases  milk, 
cream  or  butter  within  this  state,  to  be  shipped  and  sold  beyond  the 
state,  is  hereby  required  to  first  obtain  a  license  therefor,  as  here- 
inafter provided. 

Sect.  2.  Every  such  applicant  for  a  license  shall  file  with  the  statement  to  be 
agricultural  department  of  the  state,  a  statement  showing :  ( 1 )  the 
full  name  and  address  of  the  dealer,  if  an  individual;  (2)  if  it  be 
a  co-partnership,  the  full  names  and  addresses  of  all  members  of 
the  co-partnership,  and  their  respective  interests  in  the  firm;  (3) 
if  it  be  an  association,  the  full  names  and  addresses  of  all  members 
of  the  association,  a  copy  of  the  articles  of  association  duly  attested 
by  the  clerk  or  secretary  thereof,  a  list  of  all  officers  of  the  associa- 
tion and  a  copy  of  any  by-laws  or  regulations  thereof  attested  by 
such  clerk  or  secretary;  (4)  if  it  be  a  corporation,  a  copy  of  its 
charter  or  articles  of  agreement ;  a  copy  of  its  by-laws  or  regula- 
tions ;  and  a  copy  of  such  portions  of  its  records  as  show  the  extent 
of  its  paid  up  capital ;  a  list  of  its  stockholders  and  their  respective 
holdings,  a  list  of  its  officers,  and  a  statement  showing  its  financial 
condition,  all  of  which  shall  be  signed  by  the  president,  treasurer, 
and  secretary  or  clerk  of  the  corporation;  (5)  a  complete  state- 
ment of  all  real  estate  within  this  state,  owned  by  such  individual, 
co-partnership  and  the  members  thereof,  association,  or  corpora- 
tion, and  of  the  incumbrances  thereon,  which  shall  also  contain 
the  place  and  details  of  the  record  of  the  applicants '  title  thereto ; 
(6)  a  statement  of  the  amount  of  such  business  done  by  such 
person,  co-partnership,  association  or  corporation,  within  this  state 
-during  each  month  of  the  year  preceding  such  application;  (7) 
such  further  information  relative  to  its  organization  or  past  busi- 
ness, or  its  proposed  course  of  future  business  as  the  agricul- 
tural department  of  the  state  may  require;   (8)  all  resident  indi- 


780 


Chapter  220, 


[1913 


License  fees;  bond, 
when    required. 


Statements  as  to 
business. 


Licensee  selling 
realty  to  furnish 
bond. 


viduals,  co-partnerships,  associations,  or  corporations  giving  bond, 
as  hereinafter  provided,  and  all  non-resident  individuals,  co-part- 
nerships, associations  or  corporations,  shall,  prior  to  receiving  such 
license,  file  with  the  secretary  of  state,  a  power  of  attorney  whereby 
the  secretary  of  state  is  appointed  his,  their  or  its  agent,  for  receiv- 
ing service  of  process,  returnable  to  any  court  within  this  state; 
and  shall  also  file  a  true  copy  of  such  power  of  attorney  with  the 
department  of  agriculture. 

Sect.  3.  Upon  the  filing  of  such  certificate,  and  the  payment  of 
one  dollar  for  each  month  that  a  license  is  applied  for,  the  depart- 
ment of  agriculture  shall  be  empowered  to  license  such  applicant 
to  make  such  purchases  within  this  state,  for  shipment  and  sale  with- 
out the  state,  until  the  first  day  of  the  next  April,  provided  such 
person,  co-partnership,  association  or  corporation  shall  be  found  by 
said  department  to  have  sufficient  real  estate  within  this  state  to 
afford  ample  security  for  the  protection  of  those  from  whom  such 
person,  co-partnership,  association  or  corporation  purchases  the 
aforesaid  products  for  such  shipment  and  sale ;  provided,  further, 
that  any  person,  co-partnership,  association  or  corporation,  not 
having  sufficient  real  estate  within  this  state  to  afford  such  security, 
shall  be  permitted  to  furnish  security  by  a  bond  signed  by  such 
applicant  and  some  surety  company  authorized  to  do  business  with- 
in this  state,  which  bond  shall  be  in  such  sum  as  the  department 
of  agriculture  shall  fix,  and  shall  be  conditioned  upon  the  payment 
by  the  principal  of  said  bond,  of  all  its  accounts  for  milk,  cream  or 
butter  so  purchased  within  this  state,  within  fifteen  days  after  the 
same  shall  become  due,  and  for  the  faithful  performance  of  and 
compliance  with  all  the  conditions  and  requirements  imposed  upon 
such  dealers,  by  the  department  of  agriculture,  or  by  the  laws  of 
the  state.  Such  bond  shall  run  to  the  governor  of  the  state  of 
New  Hampshire,  who  shall  be  deemed  to  hold  the  same  as  trustee 
for  the  benefit  of  all  residents  of  the  state  who  may  sell  to  the  prin- 
cipal upon  such  bond  any  of  the  aforesaid  products  for  shipment 
and  sale  as  aforesaid. 

Sect.  4.  The  agricultural  department  may  require  such  licensee 
to  furnish  detailed  statements  of  the  business  transacted  by  such 
licensee  thereunder ;  and  may  require  the  licensee  to  furnish  further 
bond  whenever  in  the  opinion  of  such  department  it  becomes  neces- 
sary for  the  protection  of  resident  creditors  of  such  licensee. 

Sect.  5.  Any  licensee  whom  the  department  has  accredited  with 
security  consisting  of  real  estate,  shall,  before  conveying  or  incum- 
bering said  real  estate,  notify  the  department  of  agriculture,  and 
shall  comply  with  such  order  as  to  furnishing  bond  in  lieu  of  such 
real  estate,  as  said  department  may  make,  before  selling  or  encum- 
bering said  realty. 


1913]  Chapter  220.  781 

Sect.  6.  Individuals,  co-partnerships,  associations  or  corpora-  Payments,  when 
tions  so  licensed  may  contract  with  his,  their  or  its  vendors,  for  the  of^^riting!^"*^* 
payment  of  the  several  sums  due  them  for  milk,  cream  or  butter,  at 
such  times  and  in  such  manner  as  may  be  mutually  agreed  upon, 
but  in  the  absence  of  any  written  memoranda  thereof  signed  by 
both  parties,  in  respect  thereto,  such  payment  shall  be  due  and 
payable  on  the  Tuesday  next  lifter  the  fifteenth  day  of  each  month, 
for  all  milk,  cream  or  butter  delivered  or  furnished  during  the 
preceding  calendar  month.  At  the  time  payment  is  made  therefor, 
such  licensee  shall  furnish  to  each  payee  a  statement  of  the  quantity 
delivered  or  furnished  by  him  during  the  period  covered  by  the 
payment  so  made,  together  with  the  price  allowed  for  the  same. 

Sect.  7.     If  such  licensee,  for  the  space  of  fifteen  days  after  the  Bond  forfeited  if 
date  upon  which  the  payment  of  the  several  amounts  due  his,  their  p^J'™™*^  overdue. 
or  its  vendors  becomes  due,  shall,  without  the  consent  of  such  cred- 
itor, fail  to  pay  the  amount  due  for  milk,  cream  or  butter,  delivered 
or  furnished  by  such  creditor,  then  and  in  that  event,  the  bond 
given  by  such  licensee  shall  be  forfeitable  as  for  condition  broken. 

Sect.  8.     Upon  the  violation  of  any  bond  furnished  as  aforesaid,  Suit  on  bond  in 

,.,  ..  ,,  i-ii-  1  •  1 1  f         name  of  state, 

any  creditor  injured  by  '^uch  violation  may  make  written  applica-  when, 
tion  to  the  governor  for  leave  to  sue  said  bond,  and  upon  indemni- 
fying the  state  from  any  loss,  cost,  damage  or  expense,  in  such  sum 
as  the  governor  may  prescribe,  not  exceeding  three  hundred  dollars, 
leave  shall  be  given  such  creditor  to  bring  suit  against  said  bond, 
wdthin  such  period  of  time  as  may  be  limited  in  such  permission, 
in  the  name  of  the  state  of  New  Hampshire.  Upon  the  forfeiture, 
by  judgment  or  order  of  court,  of  any  such  bond,  any  creditor  of 
the  principal,  whose  claim  is  for  milk,  cream  or  butter,  and  which 
is  overdue,  may  enter  his  name  in  said  suit,  as  a  plaintiff  in  interest, 
upon  such  conditions  or  terms  as  the  court  may  order ;  and,  upon 
proof  of  his  claim,  execution  may  be  issued  in  favor  of  such  credi- 
tor, for  the  amount  of  such  claim,  with  interest  for  the  overdue 
period,  together  with  costs,  against  the  principal  and  surety  upon 
such  bond.  .  - 

Sect.  9.  Whenever  suit  is  instituted  upon  any  such  bond,  after  Service  on  obii- 
permission  first  had  and  obtained  as  aforesaid,  service  shall  be^°^'  °^  ™^  ^" 
made  upon  the  secretary  of  state,  as  the  resident  agent  of  non-resi- 
dent licensees  and  bonded  resident  licensees ;  and  there  shall  be  given 
to  him  by  the  sheriff  serving  the  same  an  extra  copy  of  the  writ  or 
document  served,  together  with  twentj'^-five  cents  for  filing  and 
docketing  the  same  and  for  conveying  such  additional  copy  to  the 
department  of  agriculture.  It  shall  be  the  duty  of  the  secretary 
of  state  to  forthwith,  upon  the  service  of  any  such  process  upon 
him,  to  enter  the  same  in  a  docket,  showing  the  name  of  the  plaintiff 
and  defendant,  the  term  of  court  to  which  said  process  is  return- 


782 


Chapter  221. 


[1913 


Suspension    of 
license. 


Penalty. 


Takes  effect 
on  passage. 


able,  the  date  when  and  the  officer  by  whom  the  same  was  served, 
and  to  forthwith  transmit  the  extra  copy  to  the  department  of 
agriculture. 

Sect.  10.  Upon  the  reception  by  the  department  of  agriculture 
of  such  process  it  shall  be  the  duty  of  such  department  to  suspend 
the  defendant's  license,  until  the  licensee  shall  furnish  such  new 
security  as  the  department  may  order. 

Sect.  11.  Any  person,  co-partnership,  association  or  corporation 
making  false  statement  to  secure  a  license,  or  purchasing  milk, 
cream  or  butter  within,  to  be  shipped  and  sold  beyond  this  state, 
without  first  having  obtained  a  license  so  to  do,  or  who,  having  first 
obtained  such  license,  shall  continue  to  do  such  business  after  being 
notified  by  the  department  of  agriculture  that  such  license  has  been 
suspended,  until  permission  to  resume  such  business  shall  be 
granted  by  said  department,  shall  be  fined  not  exceeding  five  hun- 
dred dollars,  and  may  be  imprisoned  not  exceeding  one  year,  or 
both. 

Sect.  12.     This  act  shall  take  effect  Sept.  1,  1913. 

[Approved  May  21,  1913.] 


CHAPTER  221. 


AN    ACT    IN    AMENDMENT    OP    CHAPTER    93    OF    THE    PUBLIC    STATUTES 

RELATING  TO  ATTENDANCE  OF  CHILDREN  AT  SCHOOL. 
Section  Section 


1.      Compulsory  school  attendance. 


2.     Repealing  clause;  act  takes  effect  on 
passage. 


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

Compulsory  school      SECTION  1.     Scctiou  14  of  chapter  93  of  the  Public  Statutes,  as 
attendance.  amended  by  chapter  61  of  the  Laws  of  1901,  chapter  13,  Laws  of 

1903,  and  by  chapter  139  of  the  Laws  of  1911,  is  amended  by  strik- 
ing out  the  clause,  "who  cannot  read  at  sight  and  write  legibly 
simple  sentences  in  the  English  language"  and  substituting  there- 
for the  following :  unless  such  child  shall  have  completed  the  course 
of  study  prescribed  for  the  elementary  schools,  so  that  the  section, 
as  amended,  shall  read :  Sect.  14.  Every  person  having  the  cus- 
tody and  control  of  a  child  between  the  ages  of  eight  and  fourteen 
years,  or  of  a  child  under  the  age  of  sixteen  years  unless  such  child 
shall  have  completed  the  course  of  study  prescribed  for  the  ele- 


1913]  Chapter  221.  783 

mentary  schools,  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  attendance  at 
school  for  the  period  required,  or  because  he  was  instructed  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  schools  were 
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  subse- 
quent offense,  for  the  use  of  the  district;  provided,  however,  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,  supplies  and  apparatus  for  such  time  as  such  attendance, 
shall  continue ;  may  permit  such  child  to  withdraw  from  school  at- 
tendance 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  circumstances  require. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  Repealing  clause; 
are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage,  on  passl^ge^ 

[Approved  May  21,  1913.] 


784  Chapter  222.  [1913 

CHAPTER   222. 

AN  ACT  TO  AMEND  SECTION  15  OF  CHAPTER  78,  OF  THE  LAWS  OF  1897, 
RELATING  TO  POLLING  PLACES. 

Section  1.    Polling  places  and  booths,  requirements  of;  who  allowed  within  guard  rail. 

Be  it  enacted   hij   the   Senate   and  House   of  Representatives  i7i 
General  Court  convened: 

Polling  places  and  SECTION  1.  Amend  sectioii  15,  chapter  78,  of  the  Laws  of  1897 
ments'of;  who  by  Striking  out  the  whole  of  said  section  and  insert  in  place 
gua^'^raTr""  thereof  the  following,  to  be  known  as  section  15 :  Sect.  15.  The 
selectmen  in  the  different  towns  and  wards  shall  provide  suitable 
places  in  which  to  hold  all  elections  provided  for  in  this  act,  and 
to  see  that  the  same  are  warmed,  lighted,  and  furnished  with  proper 
supplies  and  conveniences,  including  a  sufficient  number  of  booths, 
shelves,  and  soft  black  lead  pencils,  to  enable  the  voter  to  prepare 
his  ballot  for  voting,  and  in  which  voters  may  prepare  their  ballots, 
screened  from  all  observation  as  to  the  manner  in  which  they  do 
so.  A  guard  rail  shall  be  so  constructed  and  placed  that  only  such 
persons  as  are  inside  such  rail  can  approach  within  six  feet  of.  the 
ballot-box  and  of  such  voting  booths.  The  arrangements  shall  be 
such  that  the  voting  booths  can  be  reached  only  by  passing  within 
said  guard  rail.  They  shall  be  in  plain  view  of  the  election  officers, 
and  both  they  and  the  ballot-boxes  shall  be  in  plain  view  of  those 
outside  the  guard  rail.  Each  of  said  booths  shall  have  three  sides 
inclosed,  one  side  in  front  to  open  and  shut  by  a  door  swinging 
outward,  or  to  be  inclosed  with  a  curtain.  Each  side  of  said  booths 
shall  be  not  less  than  six  feet  high,  and  the  door  or  curtain  shall 
extend  to  within  two  feet  of  the  floor,  and  said  door  or  curtain  shall 
be  closed  while  the  voter  is  preparing  his  ballot,  and  each  of  said 
booths  shall  be  well  lighted.  Each  booth  shall  be  at  least  three  feet 
square,  and  shall  contain  a  shelf  at  least  fifteen  inches  wide,  at  a 
convenient  height  for  writing.  No  persons  other  than  the  election 
officers  and  the  voters  admitted  as  hereinafter  provided,  shall  be 
permitted  within  said  rail,  except  by  authority  of  the  election 
officers,  and  then  only  for  the  purpose  of  keeping  order  and  en- 
forcing the  law.  The  number  of  such  voting  booths  shall  not  be 
less  than  one  to  every  seventy-five  voters,  or  fraction  thereof,  quali- 
fied to  vote  at  such  polling  place,  and  there  shall  not  in  any  case 
be  less  than  two  of  these  voting  booths  at  any  polling  place.  Cities 
and  towns  shall  provide  suitable  ballot-boxes,  wdiich  shall  be  used 
at  all  elections  therein.  At  the  opening  of  the  polls,  and  before 
any  election  under  this  chapter,  the  ballot-box  shall  be  publicly 
opened  and  shown  to  be  empty,  and  the  election  officers  shall  ascer- 
tain that  fact  by  a  personal  examination  of  the  ballot-box. 

[Approved  May  21,  1913.] 


1913J  Chapter  223.  785 

CHAPTER  223. 

AN    ACT     IN     AMENDMENT     OF     CHAPTER     169     LAWS     1911,     ENTITLED 
"an  act   to   CREATE   A  PERMANENT  TAX   COMMISSION.'' 

Section   1.     Commission  may  reassess  if  municii)al  officers  fail  to  do  so. 

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

Section  1.  That  sub-division  12  of  section  8,  chapter  169,  Laws  Commission  may 
1911,  be  amended  by  adding  after  the  word  "law"  in  the  tenth  cipaf°  officers^'faii 
line  of  said  sub-division  the  following :  and  such  reassessment  shall  *°  ^°  ^°' 
be  made  in  the  first  instance  by  the  selectmen  or  assessors  of  said 
district,  and  if  such  reassessment  is  not  made  within  thirty  days  of 
the  order,  or  is  not  satisfactory  to  the  tax  commission,  then  the  com- 
mission may  make  such  reassessment  or  cause  it  to  be  made.  Any 
such  reassessment  shall,  when  completed  and  returned  to  the  clerk 
of  the  city  or  town  by  the  board  making  it,  be  treated  exactly  as 
an  original  assessment,  and  the  selectmen  or  assessors  shall  assess 
the  taxes  on  the  property  accordingly.  The  expense  of  any  such 
reassessment  shall  be  paid  by  the  city  or  town  in  which  is  situated 
the  property  assessed,  so  that  said  sub-division  as  amended  shall 
read  as  follows:  (12)  To  receive  complaints  and  to  carefully  ex- 
amine into  all  cases  where  it  is  alleged  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  reassessments  of  any  or 
all  real  and  personal  property,  or  either,  in  any  assessment  district, 
when  in  the  judgment  of  said  commission  such  reassessment  is 
advisable  or  necessary,  to  the  end  that  all  classes  of  property  in 
such  assessment  district  shall  be  assessed  in  compliance  with  the 
law  and  such  reassessment  shall  be  made  in  the  first  instance  by 
the  selectmen  or  assessors  of  said  district,  and  if  such  reassessment 
is  not  made  within  thirty  days  of  the  order,  or  is  not  satisfactory 
to  the  tax  commission  then  the  commission  may  make  such  reassess- 
ment or  cause  it  to  be  made.  Any  such  reassessment  shall,  when 
completed  and  returned  to  the  clerk  of  the  city  or  town  by  the  board 
making  it,  be  treated  exactly  as  an  original  assessment,  and  the 
selectmen  or  assessors  shall  assess  the  taxes  on  the  property  accord- 
ingly. The  expense  of  any  such  reassessment  shall  be  paid  by  the 
city  or  town  in  which  is  situated  the  property  assessed.  Neglect 
or  failure  to  comply  with  such  orders  on  the  part  of  any  selectman 
or  assessor  shall  be  deemed  wilful  neglect  of  duty,  and  he  shall  be 
subject  to  the  penalties  provided  by  law  in  such  cases.    Any  person 


786  Chapter  224.  -      [1913 

aggrieved  because  of  such  reassessment  shall  have  the  same  right 
of  petition  and  appeal  as  from  the  original  assessment. 

[Approved  May  21,  1913.] 


CHAPTER  224. 


AN   ACT   IN  AMENDMENT   OF   CHAPTER   162  OF   THE   LAWS  OF    1911    RE- 
LATING TO  CHILD  LABOR. 


Section 

1.     Employment  of  children  under  four- 
teen restricted. 


Section 

2.      Daily  and  weekly  hours  of  labor  es- 
tablished. 


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

Employment  of         SECTION  1.     Sectiou  1  of  chapter  162  of  the  Laws  of  1911  is 
fourteen.  hereby  amended  by  striking  out,  in  the  first  line  thereof,  the  word 

' '  twelve ' '  and  substituting  therefor  the  word  fourteen  and  by  strik- 
ing out  everything  in  the  section  after  the  words  "transmission  of 
merchandise  or  messages"  in  the  seventh  line  thereof,  so  that  the 
section  as  amended  shall  read  as  follows:  Section  1.  No  child 
under  the  age  of  fourteen  shall  be  employed  or  permitted  or  suf- 
fered to  work,  in,  about,  or  in  connection  with,  any  mill,  factory, 
workshop,  quarry,  mercantile  establishment,  tenement  house  manu- 
factory or  workshop,  store,  business  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. 
Daily  and  weekly  Sect.  2.  Scctiou  6  of  chapter  162  of  the  Laws  of  1911  is  hereby 
ours  o  a  or.  ^jj^ended  by  adding  thereto  the  following :  And  boys  fourteen  years 
or  over  may  deliver  newspaper  routes  after  five  o  'clock  in  the  morn- 
ing, and  boys  twelve  years  old  or  over  may  deliver  newspaper  routes 
between  four  and  eight  o'clock  in  the  evening,  so  that  said  section 
as  amended  shall  read :  Sect.  6.  No  boy  under  the  age  of  sixteen 
years,  and  no  girl  under  the  age  of  eighteen  years,  shall  be  em- 
ployed, or  permitted  or  suffered  to  work  at  any  gainful  occupation, 
other  than  domestic  service  or  w^ork  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  morn- 
ing, 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  exchanges  until  ten  o'clock  in  the  evening,  and 
boys  fourteen  years  or  over  may  deliver  newspaper  routes  after  five 


1913] 


Chapter  225. 


787 


o'clock  iu  the  morning,  and  boys  twelve  years  old  or  over  may 
deliver  newspaper  routes  between  four  and  eight  o'clock  in  the 
evening. 

[Approved  May  21,  1913.] 


CHAPTER  225. 


AN  ACT  TO  PROVIDE  FOR  THE  EXAMINATION  AND  FOR  THE  USE  OF  VOT- 
ING  MACHINES,   AT   ELECTIONS. 


Section 

1.      Board  of  examiners. 

Notice  to   manufacturers. 
Examination    and    approval. 
Only  approved  machines  to  be  used. 
Employment  of  machinists. 
Prerequisites   for   approval. 
Votes  for  presidential  electors. 
Trial    machines    for    municipal    elec- 
tions. 
Bond  to  keep   in  repair. 
Regulations   and   instructions. 
Assistance   to    certain   voters. 
Tampering,  injuring,  etc.,  penalty. 


9. 
10. 
11. 
12. 


Section 
13.      "Voting  machine,"  meaning  of. 

"Election,"  meaning  of. 

Existing  statutes  saved  or  suspended. 

Number  of  ballots  where  machine  in 
use ;  provision  for  secrecy ;  num- 
ber to  be  furnished ;  existing  stat- 
utes  modified. 

Result,  how  ascertained  and  cer- 
tified. 

Two  ballot   clerks  for  each  machine. 

Sample  ballots. 

Repealing  clause;  act  takes  effect  on 
passage. 


14. 
15. 
16. 


17. 

18. 
19. 
20. 


approval. 


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

Section  1.     The  state  ballot  law  commission  shall  also  constitute  Examiners. 
the  state  board  of  voting  machine  examiners. 

Sect.  2.     Within  thirty  davs  from  passage  of  this  act  said  board  Notice  to  manu- 

1      m       •  IT  •  "•  1   •  r»  1        •     facturers. 

shall  give  public  notice  to  voting  machine  manuiacturers  to  submit 
to  said  board  their  voting  machine  for  its  examination  and  ap- 
proval. 

Sect.  3.  Said  board  shall  whenever  requested  by  any  person  Examination  and 
representing  any  type  or  make  of  voting  machine  which  in  the 
opinion  of  said  examining  board  will  properlj^  comply  with  the  pro- 
visions of  this  act,  examine  such  machine,  and  if  said  machine  con- 
forms to  the  requirements  of  this  act  as  to  the  durability,  accuracy 
and  efficiency  in  accordance  wath  this  act,  they  shall  certify  their 
approval  to  the  secretary  of  state  within  thirty  days,  together  with 
their  report,  the  drawings  and  photographs,  which  shall  be  a 
public  record,  and  thereafter  such  machine  may  be  used  as  provided 
in  this  act ;  they  shall  certify  their  approval  of  such  machines  as, 
in  their  judgment,  furnish  convenient,  simple  and  satisfactory 
means  of  voting  and  of  ascertaining  the  true  result  thereof  with 
facility  and  accuracy,  special  regard  being  had  to  preventing  and 


788 


Chapter  225. 


[1913 


to  be  used. 


Employment  of 
machinists. 


Prerequisites    for 
approval. 


detecting  double  voting;  but  no  machine  shall  be  approved  which 
does  not  secure  to  the  voter  a  degree  of  secrecy  in  voting  equal  to 
that  afforded  by  the  use  of  the  official  ballot  as  provided  by  law, 
and  the  secretary  of  the  state  shall  send  a  copy  of  each  report  on 
voting  machines  to  every  city  and  town  clerk  within  thirty  days 
from  the  time  said  report  is  filed  in  his  office. 
Approved  machines  Sect.  4.  No  machine  cxccpt  sucli  as  is  approved  by  said  ex- 
aminers and  used  in  accordance  with  this  act  shall  be  used  in  this 
state. 

Sect.  5.  For  the  purpose  of  such  examination  the  said  board 
may  employ  not  more  than  three  expert  machinists  at  a  cost  not 
exceeding  ten  dollars,  ($10)  each  to  be  paid  by  the  person  sub- 
mitting their  machines  for  examination. 

Sect.  6.  No  voting  machine  shall  be  approved  by  the  state  board 
of  voting  machine  examiners  unless  it  be  so  constructed  as  to  pro- 
vide facilities  for  voting  for  the  candidates  of  at  least  seven  dif- 
ferent parties  or  organizations ;  it  must  permit  a  voter  to  vote  for 
any  person  for  any  office,  whether  or  not  nominated  as  a  candidate 
by  any  party  or  organization ;  such  machine  shall  be  so  constructed 
that  a  voter  cannot  vote  for  any  candidate  or  on  a  referendum  for 
whom  or  on  which  he  is  not  lawfully  entitled  to  vote ;  it  must  be 
so  constructed  as  to  prevent  a  voter  from  voting  for  more  than  one 
person  for  the  same  office,  and  it  must  afford  him  an  opportunity 
to  vote  for  only  as  many  persons  as  he  is  by  law  entitled  to  vote 
for,  preventing  him  from  voting  for  the  same  person  twice  for  the 
same  office ;  it  must  be  so  constructed  that  it  can  be  used  with  equal 
facility  at  all  elections  and  so  that  a  voter  need  not  be  required  to 
disclose  his  party  affiliation,  and  at  the  same  time  permitting  the 
voter  to  cast  his  vote  in  a  primary  election  for  candidates  of  one 
party  or  organization  only ;  it  must  be  so  constructed  that  votes 
cast  will  be  registered  or  recorded  by  the  machines,  and  must  be 
protected  by  such  means  as  will  prevent  tampering  with  the  register 
while  the  votes  are  being  given  in ;  it  shall  be  provided  with  a  lock- 
ing system  that  will  permit  of  opening  the  machine  only  by  a  three- 
party  lock  or  by  three  separate  locks;  it  shall  be  so  constructed  that 
a  voter  may  change  his  vote  for  any  regularly  nominated  candidate 
up  to  the  time  he  leaves  the  machine ;  it  shall  have  a  counter  the 
register  of  which  can  be  seen  from  the  outside  of  the  machine, 
and  which  shall  show  during  the  election  the  total  number  of  voters 
that  have  operated  the  machine  at  that  election. 

Sect.  7.  The  names  of  candidates  for  presidential  electors  need 
not  appear  on  the  ballot  labels,  but  in  lieu  thereof  one  ballot  with 
each  party  column  or  row  containing  only  the  words  presidential 
electors,  preceded  by  the  party  name  and  the  names  of  the  candi- 
dates for  president  and  vice-president  may  be  used,  and  every  vote 


Votes  for  presiden 
tial  electors. 


1913]  Chapter  225.  789 

registered  for  such  ballot  shall  operate  as  a  vote  for  all  candidates 
of  such  party  for  presidential  electors  and  be  counted  as  such. 

Sect.  8.     A  city  or  town  may  purchase  or  accept  for  trial  one  Trial  machines  for 

,.  !•  J  -J    J     •       J.I,-  4.  J  local   elections. 

or  more  voting  machines,  approved  as  provided  m  this  act,  and 
may  use  the  same  at  all  elections  of  officers  in  said  city  or  town 
until  otherwise  ordered  by  the  board  of  mayor  and  aldermen  in 
cities  and  by  the  selectmen  in  towns.  Said  machines  shall  be  used 
for  the  purpose  of  voting  for  the  candidates  to  be  elected  at  such 
elections  and  for  taking  the  vote  upon  the  question  of  granting 
licenses  for  the  sale  of  intoxicating  liquor  and  upon  other  questions 
submitted  to  the  voters.  In  cities  the  power  to  determine  upon, 
purchase  and  order  the  use  of  voting  and  counting  machines  shall 
be  vested  in  a  board  consisting  of  the  mayor  and  aldermen  of  the 
city  and  in  towns  the  board  of  selectmen,  and  the  expense  so  in- 
curred shall  be  deemed  an  expense  of  the  election  department  of 
said  city  or  town,  and  the  machines  purchased  shall  be  used  at  all 
elections. 

Sect.  9.     When  voting  machines  are  purchased,  the  persons  of  Bond  for  repair. 
whom  such  machines  are  purchased  shall  give  to  the  secretary  of 
state  a  suitable  bond  with  sufficient  sureties,  conditioned  to  keep 
each  machine  in  good  working  order  for  two  years  at  their  own 
expense. 

Sect.  10.     The  secretary  of  state  shall  make  regulations  for  the  Regulations  and 
use  of  machines  approved,  and  before  all  election  shall  furnish  ap- 
propriate instructions  for  the  voters  in  cities  and  towns  w^liere  such 
machines  are  used. 

Sect.  11.     A  voter  who  declares  on  oath  to  the  presiding  officer  Assistance  to  cer- 
that  he  cannot  read,  or  that  from  blindness  or  other  physical  disa-  ^*'°  voters. 
bility  he  is  unable  to  register  his  vote  upon  a  voting  machine,  shall 
be  assisted  in  such  registering  by  one  or  two  of  the  election  officers, 
who  shall  be  of  such  political  party  represented  among  the  election 
officers,  as  the  voter  may  request. 

Sect.  12.  Any  person  who  will  tamper  wnth  or  injure  or  at- Tampering,  injur- 
tempt  to  injure  any  voting  machine  to  be  used  or  being  used  in  an  ^^^'  ^  *'"  ^^"^  ^' 
election,  or  who  will  prevent  or  attempt  to  prevent  the  correct  oper- 
ation of  such  machine,  or  any  unauthorized  person  who  will  make 
or  have  in  his  possession  a  key  to  a  voting  machine  to  be  used  or 
being  used  in  an  election,  will  be  guilty  of  a  misdemeanor  and  will 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  or  more 
than  five  hundred  dollars  or  by  imprisonment  in  the  state  prison 
for  not  less  than  one  or  more  than  five  years,  or  by  both  such  fine 
and  imprisonment. 

Sect.  13.     The  words  voting  machine  as  used  in  this  act  shall  "Voting  machine," 
be  construed  as  meaning  all  mechanical  means  of  voting,  register-  ™'''*°'"s 
ing  and  counting  votes. 


790  *  Chapter  225.  [1913 

"Election,"  mean-      Sect.  14.     The  word  election  in  this  act  shall  be  construed  as 

ing    of.  •        1      T  n  •  • 

including  all  caucuses,  primaries,  as  well  as  all  special,  partial  and 
general  elections. 

fa^'ved^lnd^*''*^'  ^^^'^'  ^^^  ^^^  ^^^^  ^^^  P^^^^  ^^  ^^^^  relating  to  presidential, 
suspended.  statc,  county,  city  and  town  election,  and  defining  the  powers  and 

duties  of  election  officers,  so  far  as  applicable  to  the  use  of  voting 
machines,  shall  remain  in  full  force  and  effect,  and  all  acts  and 
parts  of  acts  inconsistent  therewith  are  suspended  in  such  cities, 
towns  or  election  districts,  wherein  such  voting  machines  are  law- 
fully used,  so  long  as  the  same  shall  be  used  therein. 
Number  of  ballots      Sect.   16.     (a)     In  the  distribution  of  ballots  as  provided  in 

where  machine  m  ^     '  ^ 

use;  provision  for  chapter  33  of  the  Public  Statutes,  only  a  sufficient  number  shall  be 
be  provided;  exist- distributed  to  a  towu  or  city  that  has  adopted  the  use  of  a  voting 
mfdifieU*^*^^  machine  as  will  be  required  to  equip  such  machine  for  that  proper 

use  and  to  supply  the  sample  ballots  provided  in  section  11  of  said 
chapter,  (b)  The  voting  machine  shall  be  so  protected  that  no 
person  can  see  the  doings  of  the  voter  when  therein  and  using  the 
same  for  voting,  (c)  The  selectmen  in  a  town  or  the  mayor  and 
aldermen  of  a  city  that  adopts  the  voting  machine,  shall  establish 
one  or  more  of  such  machines  in  each  polling  place  as  established  by 
law,  so  as  to  give  all  legal  voters  an  opportunity  to  vote,  (d)  Section 
16  of  chapter  33  of  the  Public  Statutes  is  so  amended  that  in  a  town 
or  city  that  has  adopted  the  use  of  a  voting  machine  the  words, 
"the  ballot  clerk  shall  give  him  one  ballot  only"  shall  not  be  in 
force,  (e)  And  in  such  case  section  17  of  said  chapter  shall  be 
so  modified  as  to  read,  the  voter  shall  forthwith  and  without  leav- 
ing the  enclosed  space  retire  alone  to  the  booth  of  the  voting 
machine  not  occupied  by  another  person,  and  indicate  upon  such 
machine  the  person  or  persons  for  whom  he  votes,  according  to 
the  construction  of  said  machine  and  the  regulations  prescribed  by 
the  secretary  of  state  under  this  act.  When  the  voter  has  indicated 
this  vote  upon  the  voting  machine,  he  shall  proceed  forthwith  out- 
side of  said  machine  and  the  guard  rail,  and  shall  not  re-enter  such 
enclosed  place  during  the  progress  of  such  voting,  unless  he  is  an 
election  officer.  No  voter  shall  be  allowed  to  occupy  a  voting 
machine  more  than  two  minutes  when  other  voters  are  w^aiting  to 
occupy  the  same. 
Result,  how  ascer-  Sect.  17.  At  the  close  of  the  voting  and  after  the  summarizing 
certi^fiedf'^^  and  tabulating  of  the  votes  by  the  machine,  the  voting  machine  shall 

be  opened  in  the  presence  of  the  election  officers  and  the  results  of 
the  voting  as  indicated  by  that  machine  shall  be  certified  forthwith 
in  writing  at  the  foot  of  each  column  and  signed  then  and  there  by 
the  presiding  officer  and  the  clerk  of  such  polling  place ;  and  there- 
upon the  presiding  officer  shall  separate  said  tabulations  so  certified 
and  taken  from  such  machine  and  the  same  shall  be  counted,  sealed 
up,  certified  and  disposed  of  as  provided  in  chapter  34  of  the  Public 


1913] 


Chapter  226. 


791 


Statutes,  and  such  certificates  of  tabulation  and  voting  shall  be 
treated  in  all  respects  as  equivalent  to  the  preservation  of  the 
original  ballots  under  the  existing  laws. 

Sect.  18.  No  more  than  two  ballot  clerks  for  each  machine  shall  Baiiot  clerks. 
be  employed  to  officiate  at  any  polling  place  where  voting  machines 
are  used.  The  presiding  officer  at  each  polling  place  shall  enforce 
the  regulations  and  instructions  prescribed  by  the  secretary  of  state 
under  this  act,  and  carry  out  all  the  provisions  of  the  law  relating 
to  the  elections,  except  such  as  are  rendered  inapplicable  by  the  use 
of  such  machines. 

Sect.  19.  The  officer  or  board  in  charge  of  the  duties  of  provid-  sample  ballots, 
ing  ballots  for  any  voting  place  where  voting  machines  have  been 
adopted  shall  provide  therefor  six  sample  ballots  for  each  voting 
place,  which  shall  be  arranged  in  the  form  of  a  ballot  under  the 
existing  law,  showing  the  entire  front  of  the  voting  machine  as  it 
w^ill  appear  after  the  official  ballots  are  arranged  for  voting  on  elec- 
tion day.  Such  official  ballot  shall  be  posted  and  open  to  public 
inspection  at  such  polling  place  and  five  other  public  places  during 
the  day  of  election,  and  for  a  period  of  five  days  immediately 
preceding. 

Sect.  20.     All  acts  and  parts  of  acts  inconsistent  with  this  act  Repealing  clause ; 
are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage,  on  passage. 
[Approved  May  21,  1913.] 


CHAPTER  226. 


AN    ACT    RELATIVE    TO    THE    PROVISIONS    OF    ACCIDENT     AND    HEALTH 

POLICIES. 


Section 

1.  Forms   of  policy,    etc.,    to   be   filed. 

2.  Requirements  as  to  policy. 

3.  Standard   provisions. 

4.  Optional  standard  provisions. 

5.  Stipulations  conflicting  with  standard 

provisions    barred. 

6.  Unintentional     or     immaterial     mis- 

statement not  defense  to  suit. 

7.  Certain   acts  not  waiver  by  insurer. 

8.  Alteration,    erasure,    etc.,    in   applica- 

tion. 


Section 

9.     Policy   in   violation  of  act,   how  con- 
strued. 

10.  Provisions  prescribed  by   law  of   in- 

surer's domicile. 

11.  Discriminative   rates   prohibited. 

12.  Application   of   act  limited. 
1.3.      Penalty   for   wilful   violations. 

14.  Repealing  clause. 

15.  Takes  effect  October   1,   1913. 


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


Section  1.     On  and  after  the  first  day  of  January,  1914,  no  Forms   of  policy 


policy  of  insurance  against  loss  or  damage  from  the  sickness,  or  the 
bodily  injury  or  death  of  the  insured  by  accident  shall  be  issued  or 


etc.,  to  be  filed. 


792 


Chapter  226. 


[1913 


Kequirements  as 
to   policy. 


Standard   pro- 
visions. 


delivered  to  any  person  in  this  state  until  a  copy  of  the  form 
thereof  and  of  the  classification  of  risks  and  the  premium  rates  per- 
taining thereto  have  been  filed  with  the  insurance  commissioner; 
nor  shall  it  be  so  issued  or  delivered  imtil  the  expiration  of  thirty 
days  after  it  has  been  so  filed  unless  the  said  commissioner  shall 
sooner  give  his  written  approval  thereto.  If  the  said  commissioner 
shall  notify,  in  writing,  the  company,  corporation,  association,  so- 
ciety or  other  insurer,  which  has  filed  such  form  that  it  does  not 
comply  with  the  requirements  of  law,  specifying  the  reasons  for  his 
opinion,  it  shall  be  unlawful  thereafter  for  any  such  insurer  to  issue 
any  policy  in  such  form.  The  action  of  the  said  commissioner  in 
this  regard  shall  be  subject  to  review  by  the  superior  court. 

Sect.  2.  No  such  policy  shall  be  so  issued  or  delivered  ( 1 )  unless 
the  entire  money  and  other  considerations  therefor  are  expressed  in 
the  policy;  nor  (2)  unless  the  time  at  which  the  insurance  there- 
under takes  effect  and  terminates  is  stated  in  a  portion  of  the  policy 
preceding  its  execution  by  the  insurer ;  nor  (3)  unless  every  printed 
portion  thereof  and  of  any  endorsements  or  attached  papers  shall 
be  plainly  printed  in  type  of  which  the  face  shall  be  not  smaller 
than  ten  point ;  nor  (4)  unless  a  brief  description  thereof  be  printed 
on  its  first  page  and  on  its  filing  back  in  type  of  which  the  face 
shall  be  not  smaller  than  fourteen  point;  nor  (5)  unless  the  excep- 
tions of  the  policy  be  printed  with  the  same  prominence  as  the  bene- 
fits to  which  they  apply,  provided,  however,  that  any  portion  of 
such  policy  which  purports,  by  reason  of  the  circumstances  under 
which  a  loss  is  incurred,  to  reduce  any  indemnity  promised  therein 
to  an  amount  less  than  that  provided  for  the  same  loss  occurring 
under  ordinary  circumstances,  shall  be  printed  in  bold  face  type 
and  with  greater  prominence  than  any  other  portion  of  the  text 
of  the  policy. 

Sect.  3.  Every  such  policy  so  issued  shall  contain  certain  stand- 
ard provisions,  which  shall  be  in  the  words  and  in  the  order  here- 
inafter set  forth  and  be  preceded  in  every  policy  by  the  caption 
standard  provisions,  provided,  however,  that  the  conditions  of  such 
standard  provisions  may  be  so  varied  as  to  grant  more  favorable 
terms  to  the  policyholder,  but  all  such  provisions  shall  be  in  such 
form  as  the  insurance  commissioners  may  approve.  In  each  such 
standard  provision  wherever  the  word  insurer  is  used,  there  shall 
be  substituted  therefor  company  or  corporation  or  association  or 
society  or  such  other  word  as  will  properly  designate  the  insurer. 
Said  standard  shall  be:  (1)  A  standard  provision  relative  to  the 
contract  which  may  be  in  either  of  the  following  two  forms :  Form 
(A)  to  be  used  in  policies  which  do  not  provide  for  reduction  of 
indemnity  on  account  of  change  of  occupation,  and  Form  (B)  to 
be  used  in  policies  which  do  so  provide.    If  Form  (B)  is  used  and 


1913]  Chapter  226  793 

the  policy  provides  indemnity  against  loss  from  sickness,  the  words 
or  contracts  sickness  may  be  inserted  therein  immediately  after  the 
words  in  the  event  that  the  insured  is  injured:     (A)  : — 1.     This 
policy  includes  the  endorsements  and  attached  papers  if  any,  and 
contains  the  entire  contract  of  insurance.     No  reduction  shall  be 
made  in  any  indemnity  herein  provided  by  reason  of  change  in 
the  occupation  of  the  insured  or  by  reason  of  his  doing  any  act  or 
thing  pertaining  to  any  other  occupation.     (B)  : — 1.     This  policy 
includes  the  endorsements  and  attached  papers  if  any,  and  contains 
the  entire  contract  of  insurance  except  as  it  may  be  modified  by  the 
insurer's  classification  of  risks  and  premium  rates  in  the  event  that 
the  insured  is  injured  after  having  changed  his  occupation  to  one 
classified  by  the  insurer  as  more  hazardous  than  that  stated  in  the 
policy,  or  while  he  is  doing  any  act  or  thing  pertaining  to  any  occu- 
pation so  classified,  except  ordinary  duties  about  his  residence  or 
while  engaged  in  recreation,  in  which  event  the  insurer  will  pay 
only  such  portion  of  the  indemnities  provided  in  the  policy  as  the 
premium  paid  would  have  purchased  at  the  rate  but  within  the 
limits  so  fixed  by  the  insurer  for  such  more  hazardous  occupation. 
If  the  law  of  the  state  in  which  the  insured  resides  at  the  time  this 
policy  is  issued  requires  that  prior  to  its  issue  a  statement  of  the 
premium  rates  and  classification  of  risks  pertaining  to  it  shall  be 
filed  with  the  state  official  having  supervision  of  insurance  in  such 
state  then  the  premium  rates  and  classification  of  risks  mentioned 
in  this  policy  shall  mean  only  such  as  have  been  last  filed  by  the 
insurer  in  accordance  with  such  law,  but  if  such  filing  is  not  re- 
quired by  such  law  then  they  shall  mean  the  insurer's  premium 
rates  and  classification  of  risks  last  made  effective  by  it  in  such 
state  prior  to  the  occurrence  of  the  loss  for  which  the  insurer  is 
liable.     (2)  A  standard  provision  relative  to  changes  in  the  con- 
tract, which  shall  be  in  the  following  form :    2.    No  statement  made 
by  the  applicant  for  insurance  not  included  herein  shall  avoid  the 
policy  or  be  used  in  any  legal  proceeding  hereunder.     No  agent 
has  authority  to  change  this  policy  or  to  waive  any  of  its  provisions. 
No  change  in  this  policy  shall  be  valid  unless  approved  by  an  ex- 
ecutive officer  of  the  insurer  and  such  approval  be  endorsed  hereon. 
(3)  A  standard  provision  relative  to  reinstatement  of  policy  after 
lapse  which  may  be  in  either  of  the  three  following  forms :    Form 
(A)   to  be  used  in  policies  which  insure  only  against  loss  from 
accident;  form  (B)  to  be  used  in  policies  which  insure  only  against 
loss  from  sickness;  and  form  (C)  to  be  used  in  policies  which  insure 
against  loss  from  both  accident  and  sickness.     (A)  : — 3.    If  default 
be  made  in  the  payment  of  the  agreed  premium  for  this  policy,  the 
subsequent  acceptance  of  a  premium  by  the  insurer  or  by  any  of  its 
duly  authorized  agents  shall  reinstate  the  policy,  but  only  to  cover 


794  -  Chapter  226.  [1913 

loss  resulting  from  accidental  injury  thereafter  sustained.  (B)  : — 3. 
If  default  be  made  in  the  payment  of  the  agreed  premium  for  this 
policy,  the  subsequent  acceptance  of  a  premium  by  the  insurer  or 
by  any  of  its  duly  authorized  agents  shall  reinstate  the  policy  but 
only  to  cover  such  sickness  as  may  begin  more  than  ten  days  after 
the  date  of  such  acceptance.  (C)  : — 3.  If  default  be  made  in  the 
payment  of  the  agreed  premium  for  this  policy,  the  subsequent  ac- 
ceptance of  a  premium  by  the  insurer  or  by  any  of  its  duly  author- 
ized agents  shall  reinstate  the  policy  but  only  to  cover  accidental 
injury  thereafter  sustained  and  such  sickness  as  may  begin  more 
than  ten  days  after  the  date  of  such  acceptance.  (4)  A  standard 
provision  relative  to  time  of  notice  of  claim  which  may  be  in  either 
of  the  three  following  forms:  Form  (A)  to  be  used  in  policies 
which  insure  only  against  loss  from  accident ;  form  ( B )  to  be  used 
in  policies  which  insure  only  against  loss  from  sickness,  and  form 
(C)  to  be  used  in  policies  which  insure  against  loss  from  both 
accident  and  sickness.  If  form  (A)  or  form  (C)  is  used  the  insurer 
may  at  its  option  add  thereto  the  following  sentence,  In  event  of 
accidental  death  immediate  notice  thereof  must  be  given  to  the 
insurer.  (A)  : — 4.  Written  notice  of  injury  on  which  claim  may 
be  based  must  be  given  to  the  insurer  within  twenty  days  after  the 
date  of  the  accident  causing  such  injury.  (B)  : — 4.  Written 
notice  of  sickness  on  which  claim  may  be  based  must  be  given  to  the 
insurer  within  ten  days  after  the  commencement  of  the  disability 
from  such  sickness.  ( C )  : — 4.  Written  notice  of  injury  or  of  sick- 
ness on  which  claim  may  be  based  must  be  given  to  the  insurer 
within  twenty  days  after  the  date  of  the  accident  causing  such 
injury  or  within  ten  days  after  the  commencement  of  disability 
from  such  sickness.  (5)  A  standard  provision  relative  to  suffi- 
ciency of  notice  of  claim  which  shall  be  in  the  following  form  and 
in  which  the  insurer  shall  insert  in  the  blank  space  such  office  and 
its  location  as  it  may  desire  to  designate  for  such  purpose  of  notice : 
5.     Such  notice  given  by  or  in  behalf  of  the  insured  or  beneficiary, 

as  the  case  may  be,  to  the  insurer  at or 

to  any  authorized  agent  of  the  insurer,  with  particulars  sufficient 
to  identify  the  insured,  shall  be  deemed  to  be  notice  to  the  insurer. 
Failure  to  give  notice  within  the  time  provided  in  this  policy  shall 
not  invalidate  any  claim  if  it  shall  be  shown  not  to  have  been  rea- 
sonably possible  to  give  such  notice  and  that  notice  was  given  as 
soon  as  was  reasonably  possible.  (6)  A  standard  provision  rela- 
tive to  furnishing  forms  for  the  convenience  of  the  insured  in 
submitting  proof  of  loss  as  follows :  6.  The  insurer  upon  receipt  of 
such  notice,  will  furnish  to  the  claimant  such  forms  as  are  usually 
furnished  by  it  for  filing  proofs  of  loss.  If  such  forms  are  not 
so  furnished  within  fifteen  days  after  the  receipt  of  such  notice  the 


1913]  Chapter  226.  795 

claimant  shall  be  deemed  to  have  complied  with  the  requirements  of 
this  policy  as  to  proof  of  loss  upon  submitting  within  the  time  fixed 
in  the  policy  for  filing  proofs  of  loss,  written  proof  covering  the 
occurrence,  character  and  extent  of  the  loss  for  which  claim  is  made. 
(7)  A  standard  provision  relative  to  filing  proof  of  loss  which  shall 
be  in  such  one  of  the  following  forms  as  may  be  appropriate  to  the 
indemnities  provided:  (A)  : — 7.  Affirmative  proof  of  loss  must 
be  furnished  to  the  insurer  at  its  said  office  within  ninety  days  after 
the  date  of  the  loss  for  which  claim  is  made.  (B)  : — 7.  Affirma- 
tive proof  of  loss  must  be  furnished  to  the  insurer  at  its  said  office 
within  ninety  days  after  the  termination  of  the  period  of  disability 
for  which  the  company  is  liable.  (C)  : — 7.  Affirmative  proof  of 
loss  must  be  furnished  to  the  insurer  at  its  said  office  in  case  of 
claim  for  loss  of  time  from  disability  within  ninety  days  after  the 
termination  of  the  period  for  which  the  insurer  is  liable,  and  in 
case  of  claim  for  any  other  loss,  within  ninety  days  after  the  date 
of  such  loss.  (8)  A  standard  provision  relative  to  examination 
of  the  person  of  the  insured  and  relative  to  autopsy  which  shall  be 
in  the  following  form:  8.  The  insurer  shall  have  the  right  and 
opportunity  to  examine  the  person  of  the  insured  when  and  so  often 
as  it  may  reasonably  require  during  the  pendency  of  claim  here- 
under, and  also  the  right  and  opportunity  to  make  an  autopsy  in 
case  of  death  where  it  is  not  forbidden  by  law.  (9)  A  standard 
provision  relative  to  the  time  within  which  payments  other  than 
those  for  loss  of  time  on  account  of  disability  shall  be  made,  which 
provision  may  be  in  either  of  the  following  two  forms  and  which 
may  be  omitted  from  any  policy  providing  only  indemnity  for  loss 
of  time  on  account  of  disability.  The  insurer  shall  insert  in  the 
blank  space  either  the  word  "immediately"  or  appropriate  lan- 
guage to  designate  such  period  of  time,  not  more  than  sixty  days, 
as  it  may  desire ;  form  (A)  to  be  used  in  policies  which  do  not  pro- 
vide indemnity  for  loss  of  time  on  account  of  disability  and  form 
(B)  to  be  used  in  policies  which  do  so  provide.  (A)  : — 9.  All  in- 
demnities provided  in  this  policy  will  be  paid 

after  receipt  of  due  proof.  (B)  : — 9.  All  indemnities  provided  in 
this  policy  for  loss  other  than  that  of  time  on  account  of  disability 

will  be  paid  after  receipt  of  due  proof. 

(10)     A  standard  provision  relative  to  periodical  payments  of  in-  / 

demnity  for  loss  of  time  on  account  of  disability,  which  provision 
shall  be  in  the  following  form,  and  which  may  be  omitted  from  any 
policy  not  providing  for  such  indemnity.  The  insurer  shall  insert 
in  the  first  blank  space  of  the  form,  appropriate  language  to  desig- 
nate the  proportion  of  accrued  indemnity  it  may  desire  to  pay, 
which  proportion  may  be  all  or  any  part  not  less  than  one-half,  and 
in  the  second  blank  space  shall  insert  any  period  of  time  not  ex- 
ceeding sixty  days :     10.    Upon  request  of  the  insured  and  subject 

22 


796  Chapter  226.  '  [1913 

to  due  proof  of  loss accrued  indemnity  for 

loss  of  time  on  account  of  disability  will  be  paid  at  the  expiration 

of  each during  the  continuance  of  the  period 

for  which  the  insurer  is  liable,  and  any  balance  remaining  unpaid 
at  the  termination  of  such  period  will  be  paid  immediately  upon 
receipt  of  due  proof.  (11)  A  standard  provision  relative  to  in- 
demnity payments  which  may  be  in  either  of  the  two  following 
forms:  Form  (A)  to  be  used  in  policies  which  designate  a  bene- 
ficiary and  form  (B)  to  be  used  in  policies  which  do  not  designate 
any  beneficiary  other  than  the  insured:  (A)  : — 11.  Indemnity 
for  loss  of  life  of  the  insured  is  payable  to  the  beneficiary  if  sur- 
viving the  insured  and  otherwise  to  the  estate  of  the  insured.  All 
other  indemnities  of  this  policy  are  payable  to  the  insured. 
(B)  : — 11.  All  the  indemnities  of  this  policy  are  payable  to  the 
insured.  (12)  A  standard  provision  providing  for  cancellation  of  the 
policy  at  the  instance  of  the  insured  which  shall  De  in  the  following 
form :  12.  If  the  insured  shall  at  any  time  change  his  occupation 
to  one  classified  by  the  insurer  as  less  hazardous  than  that  stated 
in  the  policy,  the  insurer,  upon  written  request  of  the  insured,  and 
surrender  of  the  policy,  will  cancel  the  same  and  will  return  to  the 
insured  the  unearned  premium.  (13)  A  standard  provision  rela- 
tive to  the  rights  of  the  beneficiary  under  the  policy  which  shall  be 
in  the  following  form  and  which  may  be  omitted  from  any  policy 
not  designating  a  beneficiary :  13.  Consent  of  the  beneficiary  shall 
not  be  requisite  to  surrender  or  assignment  of  this  policy,  or  to 
change  of  beneficiary,  or  to  any  other  changes  in  the  policy.  (14) 
A  standard  provision  limiting  the  time  within  which  suit  may  be 
brought  upon  the  policy  as  follows :  14.  No  action  at  law  or  in 
equity  shall  be  brought  to  recover  on  the  policy  prior  to  the  expira- 
tion of  sixty  days  after  proof  of  loss  has  been  filed  in  accordance 
with  the  requirements  of  this  policy,  nor  shall  such  action  be 
brought  at  all  unless  brought  within  two  years  from  the  expiration 
of  the  time  within  which  proof  of  loss  is  required  by  the  policy. 
(15)  A  standard  provision  relative  to  time  limitations  of  the  policy 
as  follows:  15.  If  any  time  limitation  of  this  policy  with  respect 
to  giving  notice  of  claim  or  furnishing  i^roof  of  loss  is  less  than 
that  permitted  by  the  law  of  the  state  in  which  the  insured  resides 
at  the  time  this  policy  is  issued,  such  limitation  is  hereby  extended 
to  agree  with  the  minimum  period  permitted  by  such  law. 
Optional  standard  Sect.  4.  No  such  poHcy  shall  be  SO  issucd  or  delivered  which 
provisions.  contains  any  provisions  (1)  relative  to  cancellation  at  the  instance 

of  the  insurer;  or,  (2)  limiting  the  amount  of  indemnity  to  a  sum 
not  less  than  the  amount  stated  in  the  policy  and  for  which  the  pre- 
mium has  been  paid;  or,  (3)  providing  for  the  deduction  of  any 
premium  from  the  amount  paid  in  settlement  of  claim ;  or,    (4) 


1913]  Chapter  226.  797 

relative  to  other  insurance  by  the  same  insurer;  or,  (5)  relative 
to  the  age  limits  of  the  policy ;  unless  such  provisions  which  are 
hereby  designated  as  optional  standard  provisions,  shall  be  in  the 
words  and  in  the  order  in  which  they  are  hereinafter  set  forth, 
but  the  insurer  may  at  its  option  omit  from  the  policy  any  such 
optional  standard  provisions.  Such  optional  standard  provisions  if 
inserted  in  the  policy  shall  immediately  succeed  the  standard  pro- 
visions named  in  section  three  of  this  act.  Provided,  however  that 
the  conditions  of  such  optional  standard  provisions  may  be  so  varied 
as  to  grant  more  favorable  terms  to  the  policyholder,  but  all  such 
provisions  shall  be  in  such  form  as  the  insurance  commissioners 
may  approve.  (1)  An  optional  standard  provision  relative  to  can- 
cellation of  the  policy  at  the  instance  of  the  insurer  as  follows: 
16.  The  insurer  may  cancel  this  policy  at  any  time  by  written 
notice  delivered  to  the  insured  or  mailed  to  his  last  address  as  shown 
by  the  records  of  the  insurer  together  with  cash  or  the  insurer's 
check  for  the  unearned  portion  of  the  premiums  actually  paid  by 
the  insured,  and  such  cancellation  shall  be  without  prejudice  to 
any  claim  originating  prior  thereto.  (2)  An  optional  standard 
provision  relative  to  reduction  of  the  amount  of  indemnity  to  a 
sum  less  than  that  stated  in  the  policy  as  follows :  17.  If  the 
insured  shall  carry  with  another  company,  corporation,  association 
or  society  other  insurance  covering  the  same  loss  without  giving 
written  notice  to  the  insurer,  then  in  that  case  the  insurer  shall  be 
liable  only  for  such  portion  of  the  indemnity  promised  as  the  said 
indemnity  bears  to  the  total  amount  of  like  indemnity  in  all  policies 
covering  such  loss,  and  for  the  return  of  such  part  of  the  premium 
paid  as  shall  exceed  the  pro  rata  for  the  indemnity  thus  deter- 
mined. (3)  An  optional  standard  provision  relative  to  deduction 
of  premium  upon  settlement  of  claim  as  follows :  18.  Upon  the 
payment  of  claim  hereunder  any  premium  then  due  and  unpaid 
or  covered  by  any  note  or  written  order  may  be  deducted  there- 
from. (4)  An  optional  standard  provision  relative  to  other  in- 
surance by  the  same  insurer  which  shall  be  in  such  one  of  the 
following  forms  as  may  be  appropriate  to  the  indemnities  provided, 
and  in  the  blank  spaces  of  which  the  insurer  shall  insert  such  up- 
ward limits  of  indemnity  as  are  specified  by  the  insurer's  classifi- 
cation of  risks,  filed  as  required  by  this  act.  (A)  : — 19.  If  a  like 
policy  or  policies,  previously  issued  by  the  insurer  to  the  insured 
be  in  force  concurrently  herewith,  making  the  aggregate  indemnity 

in  excess  of  $ the  excess  insurance  shall  be  void  and  all 

premiums  paid  for  such  excess  shall  be  returned  to  the  insured. 
(B)  : — 19.  If  a  like  policy  or  policies,  previously  issued  by  the 
insurer  to  the  insured  be  in  force  concurrently  herewith,  making 
the  aggregate  indemnity  for  loss  of  time  on  account  of  disability  in 


798  Chapter  226.  *  [3913 

excess  of  $ weekly,  the  excess  insurance  shall  be  void 

and  all  premiums  paid  for  such  excess  shall  be  returned  to  the 
insured.  (C)  : — 19.  If  a  like  policy  or  policies,  previously  issued  by 
the  insurer  to  the  insured  be  in  force  concurrently  herewith,  mak- 
ing the  aggregate  indemnity  for  loss  other  than  that  of  time  on 

account  of  disability  in  excess  of  $ ,  or  the  aggregate 

indemnity  for  loss  of  time  on  account  of  disability  in  excess  of 

$ weekly,  the  excess  insurance  of  either  kind  shall  be 

void  and  all  premiums  paid  for  such  excess  shall  be  returned  to  the 
insured.  (5)  An  optional  standard  provision  relative  to  the  age 
limits  of  the  policy  which  shall  be  in  the  following  form  and  in  the 
blank  spaces  of  which  the  insurer  shall  insert  such  number  of  years 
as  it  may  elect :     20.     The  insurance  under  this  policy  shall  not 

cover  any  person  under  the  age  of years  nor  over  the 

age  of   years.     Any  premium  paid  to  the  insurer  for 

any   period   not   covered   by   this   policy   will   be   returned   upon 
request, 
stipulations  con-       Sect.  5.     Except  as  herein  provided,  no  such  policy  shall  be  so 
standard^pro-        issucd  or  delivered  if  it  contains  any  provision  contradictory,  in 
visions  barred,      wholc  or  in  part,  of  any  of  the  provisions  hereinbefore  in  this  act 
designated  as  "standard  provisions"  or  as  "optional  standard  pro- 
visions" ;  nor  shall  any  endorsements  or  attached  papers  vary,  alter, 
extend,  be  used  as  a  substitute  for,  or  in  any  way  confiiet  with  any 
of  the  said  "standard  provisions"  or  the  said  "optional  standard 
provisions ' ' ;  nor  shall  such  policy  be  so  issued  or  delivered  if  it 
contains   any   provision   purporting  to  make   any  portion   of  the 
charter,  constitution  or  by-laws  of  the  insurer  a  part  of  the  policy 
unless  such  portion  of  the  charter,  constitution  or  by-laws  shall  be 
set  forth  in  full  in  the  policy,  but  this  prohibition  shall  not  be 
deemed  to  apply  to  any  statement  of  rates  or  classification  of  risks 
filed  with  the  insurance  commissioner  in  accordance  with  the  pro- 
visions of  this  act. 
Unintentional  mis-      Sect.  6.     The  falsity  of  any  statement  in  the  application  for  any 
statements,  etc.     policy  covcred  by  this  act  shall  not  bar  the  right  to  recovery  there- 
under unless  such  false  statement  was  made  with  actual  intent  to 
deceive  or  unless  it  materially  affected  either  the  acceptance  of  the 
risk  or  the  hazard  assumed  by  the  insurer. 
Certain  acts  not       Sect.  7.     The  acknowledgement  by  any  insurer  of  the  receipt 
^*'^^^"  of  notice  given  under  any  policy  covered  I5y  this  act,  or  the  fur- 

nishing of  forms  for  filing  proofs  of  loss,  or  the  acceptance  of  such 
proofs,  or  the  investigation  of  any  claim  thereunder  shall  not 
operate  as  a  waiver  of  any  of  the  rights  of  the  insurer  in  defense 
of  any  claim  arising  under  such  policy. 
Alteration,  eras-  Sect.  8.  No  alteration  of  any  written  application  for  insurance 
application"  ^y  crasure,  insertion  or  otherwise,  shall  be  made  by  any  person 


1913]  Chapter  226.  799 

other  than  the  applicant  without  his  written  consent,  and  the 
making  of  any  such  alteration  without  the  consent  of  the  applicant 
shall  be  a  misdemeanor.  If  such  alteration  shall  be  made  by  any 
officer  of  the  insurer,  or  by  any  employee  of  the  insurer  with  the 
insurer's  knowledge  or  consent,  then  such  act  shall  be  deemed  to 
have  been  performed  by  the  insurer  thereafter  issuing  the  policy 
upon  such  altered  application.  ' 

Sect.  9.     A  policy  issued  in  violation  of  this  act  shall  be  held  Policy  in  violation 
valid  but  shall  be  construed  as  provided  in  this  act  and  when  any  construed, 
provision  in  such  a  policy  is  in  conflict  with  any  provision  of  this 
act  the  rights,  duties  and  obligations  of  the  insurer,  the  policy 
holder  and  the  beneficiary  shall  be  governed  by  the  provisions 
of  this  act. 

Sect.  10.     The  policies  of  insurance  against  accidental  bodily  Provisions  pre- 

.    ,  •  -,    1  •  •-,-,!       scribed   by    law 

injury  or  sickness  issued  by  an  insurer  not  organized  under  the  of  insurer's 
laws  of  this  state  may  contain,  when  issued  in  this  state,  any  pro- 
vision which  the  law  of  the  state,  territory  or  district  of  the  United 
States  under  which  the  insurer  is  organized,  prescribes  for  inser- 
tion in  such  policies,  and  the  policies  of  insurance  against  acci- 
dental bodily  injury  or  sickness  issued  by  an  insurer  organized 
under  the  laws  of  this  state  may  contain,  w^hen  issued  or  delivered 
in  any  other  state,  territory,  district  or  country,  any  provision 
required  by  the  laws  of  the  state,  territory,  district  or  country  in 
which  the  same  are  issued,  anything  in  this  act  to  the  contrary 
notwithstanding. 

Sect.  11.     Discrimination  between  individuals  of  the  same  class  Discriminative 

,1  J.       I?  •  A.  ^  -\     p  T  ^  rates  prohibited. 

m  the  amount  or  premiums  or  rates  charged  tor  any  policy  oi 
insurance  covered  by  this  act,  or  in  the  benefits  payable  thereon, 
or  in  any  of  the  terms  or  conditions  of  such  policy,  or  in  any  other 
manner  whatsoever  is  prohibited. 

Sect.  12.  (1)  Nothing  in  this  act,  however,  shall  apply  to  or  Application  of  act 
affect  any  policy  of  liability  or  workmen's  compensation  insurance 
or  any  general  or  blanket  policy  of  insurance  issued  to  any  munici- 
pal corporation  or  department  thereof,  or  to  any  corporation,  co- 
partnership, association  or  individual  employer,  police  or  fire  de- 
partment, underwriters'  corps,  salvage  bureau,  or  like  associations 
or  organizations,  where  the  officers,  members  or  employees  or  classes 
or  departments  thereof  are  insured  for  their  individual  benefit 
against  specified  accidental  bodily  injuries  or  sickness  while  ex- 
posed to  the  hazards  of  the  occupation  or  otherwise  in  considera- 
tion of  a  premium  intended  to  cover  the  risks  of  all  the  persons 
insured  under  such  policy.  (2)  Nothing  in  this  act  shall  apply  to 
or  in  any  way  affect  contracts  supplemental  to  contracts  of  life 
or  endowment  insurance  where  such  supplemental  contracts  contain 
no  provisions  except  such  as  operate  to  safeguard  such  insurance 


800  Chapter  22G.  [1913 

against  lapse  or  to  provide  a  special  surrender  value  therefor  in 
the  event  that  the  insured  shall  be  totally  and  permanently  dis- 
abled by  reason  of  accidental  bodily  injury  or  by  sickness;  pro- 
vided that  no  such  supplemental  contract  shall  be  issued  or  de- 
livered to  any  person  in  this  state  unless  and  until  a  copy  of  the 
form  thereof  has  been  submitted  to  and  approved  by  the  insurance 
commissioner,  under  such  reasonable  rules  and  regulations  as  he 
shall  make  concerning  the  provisions  in  such  contracts  and  their 
submission  to  and  approval  by  him.  (3)  Nothing  in  this  act  shall 
apply  to  or  in  any  way  affect  fraternal  benefit  societies.  (4)  The 
provisions  of  this  act  contained  in  clause  (5)  of  section  2  and 
clauses  2,  3,  8  and  12  of  section  3  may  be  omitted  from  railroad 
ticket  policies  sold  only  at  railroad  stations,  or  at  railroad  ticket 
offices  by  railroad  employees. 

Penalty  for  willful  Sect.  13.  Any  compauy,  corporation,  association,  society  or 
other  insurer  or  any  officer  or  agent  thereof,  which  or  who  issues 
or  delivers  to  any  person  in  this  state  any  policy  in  wilful  violation 
of  the  provisions  of  this  act  shall  be  punished  by  a  fine  of  not  more 
than  two  hundred  dollars  for  each  offense,  and  the  insurance  com- 
missioner may  revoke  the  license  of  any  company,  corporation, 
association,  society  or  other  insurer  of  another  state  or  country,  or 
of  the  agent  thereof,  which  or  who  wilfully  violates  any  provi- 
sion of  this  act. 

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

Takes  effect  Octo-  Sect.  15.  This  act  shall  take  eff'ect  on  the  first  day  of  October, 
1913.  Any  policy  covered  by  this  act,  the  form  of  which  has  re- 
ceived the  approval  of  the  insurance  commissioner  may  be  issued 
or  delivered  in  this  state  on  and  after  the  said  date. 

[Approved  May  21,  1913.] 


1913]  Chapter  227.  801 

CHAPTER  227. 

JOINT    RESOLUTION    RATIFYING    THE    PROPOSED    AMENDMENT    TO    THE 

CONSTITUTION    OP    THE    UNITED    STATES    PROVIDING    THAT    SENATORS  '' 

SHALL  BE  ELECTED  BY  THE  PEOPLE  OF  THE  SEVERAL  STATES. 

Preamble ;   amendment  ratified. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Coiirt  convened: 

That  whereas,  the  Sixty-second  Congress,  in  the  second  session,  Preamble, 
in  both  houses  has  passed  the  following  proposition  to  amend  the 
constitution  of  the  United  States,  by  a  constitutional  majority  of 
two  thirds  thereof,  in  words  following  to  wit :  Joint  Resolution, 
proposing  an  amendment  to  the  constitution  providing  that  senators 
shall  be  elected  by  the  people  of  the  several  states.  Resolved,  By 
the  Senate  and  House  of  Representatives  of  the  United  States  of 
America  in  Congress  assembled  (two  thirds  of  each  house  con- 
curring therein).  That  in  lieu  of  the  first  paragraph  of  section 
three  of  article  one  of  the  constitution  of  the  United  States,  and  in 
lieu  of  so  much  of  paragraph  two  of  the  same  section  as  relates  to 
the  filling  of  vacancies,  the  following  be  proposed  as  an  amendment 
to  the  constitution,  which  shall  be  valid  to  all  intents  and  purposes 
as  part  of  the  constitution  when  ratified  by  the  legislatures  of 
three  fourths  of  the  states :  The  Senate  of  the  United  States  shall 
be  composed  of  two  senators  from  each  state,  elected  by  the  people 
thereof,  for  six  years ;  and  each  senator  shall  have  one  vote.  The 
electors  in  each  state  shall  have  the  qualifications  requisite  for 
electors  of  the  most  numerous  branch  of  the  state  legislatures. 
When  vacancies  happen  in  the  representation  of  any  state  in  the 
senate,  the  executive  authority  of  such  state  shall  issue  writs  of 
election  to  fill  such  vacancies ;  provided,  that  the  legislature  of  any 
state  may  empower  the  executive  thereof  to  make  temporary  ap- 
pointments until  the  people  fill  the  vacancies  by  election  as  the 
legislature  may  direct.  This  amendment  shall  not  be  so  construed 
as  to  affect  the  election  or  term  of  any  senator  chosen  before  it  be- 
comes valid  as  part  of  the  constitution,  therefore  be  it 

Resolved,  That  the  said  proposed  amendment  to  the  constitution  Amendment 
be,  and  the  same  is,  hereby  ratified  by  the  legislature  of  the  State  ^^*'  ®  ' 
of  New  Hampshire. 

Resolved,  That  a  certified  copy  of  the  foregoing  preamble  and  Certified  copy  to 
resolution  be  forwarded  by  the  governor  to  the  secretary  of  state  for  of  united  states. 
the  United  States,  in  accordance  with  section  two  hundred  and 
five  of  the  Revised  Statutes  of  the  United  States. 

[Approved  February  21,  1913.] 


802  Chapter  228.  [1913 

CHAPTER  228. 

JOINT    RESOLUTION    RATIFYING    THE    SIXTEENTH    AMENDMENT    TO    THE 
CONSTITUTION  OF   THE  UNITED  STATES  OF   AMERICA. 

Preamble;    amendment  ratified. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

rirambie.  Whereas,  both  houses  of  the  sixty-first  Congress  of  the  United 

States  of  America,  at  its  first  session,  by  a  constitutional  majority 
of  two  thirds  thereof,  made  the  following  proposition  to  amend  the 
Constitution  of  the  United  States  of  America  in  the  following 
words,  to  wit : 

"A  Joint  Resolution  proposing  an  Amendment  to  the  Constitu- 
tion" of  the  United  States. 

'^Resolved  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  (two  thirds  of 
each  house  concurring  therein)  that  the  following  article  is  pro- 
posed as  an  amendment  to  the  Constitution  of  the  United  States, 
which,  when  ratified  by  the  legislature  of  three  fourths  of  the 
several  states,  shall  be  valid  to  all  intents  and  purposes  as  a  part 
of  the  Constitution,  namely,  article  xvi. 

"The  Congress  shall  have  power  to  lay  and  collect  taxes  on  in- 
comes from  whatever  source  derived,  without  apportionment  among 
the  several  states,  and  without  regard  to  any  census  or  enumera- 
tion." 

Now,  therefore, 

Amendmriit  Be  it  rcsolvcd  hy  the  Seriate  and  House  of  Representatives  in 

General  Court  convened,  that  the  said  proposed  amendment  to  the 
Constitution  of  the  United  States  of  America  be,  and  the  same 
is  hereby,  ratified  by  the  General  Court  of  the  said  State  of  New 
Hampshire.  And  further  be  it  resolved  that  certified  copies  of 
this  Joint  Resolution  be  forwarded  to  the  governor  of  this  state,  to 
the  Secretary  of  State  of  the  said  United  States,  and  to  the  pre- 
siding officers  of  the  Senate  and  House  of  Representatives  of  the 
said  United  States. 

[Approved  March  14,  1913.] 


1913]  Chapters  229,  230.  _  ■  803 

CHAPTER  229. 

JOINT   RESOLUTION   IN   FAVOR  OF   THE   WIDOW  OF   THE  LATE  ROBERT   L. 

SMILEY. 

Payment    of    salary    and   mileage    authorized. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  state  treasurer  be  and  hereby  is  authorized  to  pay  to  Payment 
the  widow  of  the  late  Robert  L.  Smiley,  member  of  the  house  from  ''^   °^'^^  ' 
Sutton,  the  full  salary  and  mileage  due  him  as  a  member  of  the 
house  of  representatives. 

[Approved  March  26,  1913.] 


CHAPTER  230. 

JOINT   RESOLUTION   IN    FAVOR   OF   FRED   A.    BARTLETT    OF   LACONIA. 
Appropriation  of  $1,200. 

Resolved,  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  twelve  hundred  dollars  be  and  hereby  is  appro-  Appropriation    of 

$1  200 

priated  to  pay  Fred  A.  Bartlett  of  Laconia,  New  Hampshire,  for  ' 
the  expenses  and  loss  which  he  has  sustained  by  reason  of  the  death 
of  his  minor  child,  Walter  E.  Bartlett,  who  was  accidentally  shot 
on  the  twentieth  day  of  April,  1912,  at  Laconia,  New  Hampshire, 
while  employed  by  the  state  militia  of  the  State  of  New  Hampshire 
at  Laconia  in  setting  up  targets  for  practice  shooting ;  and  the 
governor  is  authorized  to  draw  his  warrant  for  the  same  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

[Approved  March  26,  1913.] 


804  Chapters  231,  232.  [1913 

CHAPTER  231. 

JOINT  RESOLUTION   IN  FAVOR  OF  WILLIAM   W.   CRITCHETT  AND  OTHERS. 

Sundry   allowances  for  services. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Sundry  allowances      That  William  W.  Critchett,  sergeant-at-arms,  be  paid  $56 :  Mel- 

for  S6f vic6S 

vin  J.  Jenkins,  doorkeeper,  $24.50 ;  William  M.  Holman,  assistant 
warden  of  cloakroom,  $51.98 ;  Eugene  D.  Sanborn,  library  mes- 
senger, $61.20;  Howard  0.  Nelson,  custodian  of  mail  and  supplies, 
$67.78 ;  Walter  J.  A.  Ward,  doorkeeper,  $34.20 ;  John  F.  Bartlett, 
doorkeeper,  $32.32 ;  Oscar  D.  Beverstock,  doorkeeper,  $13.02 ; 
Charles  A.  Holden,  doorkeeper,  $32.72 ;  Richard  M.  0  'Dowd,  page, 
$35.20;  Walter  B.  Wells,  page,  $34.80;  Clayton  T.  Waite,  page, 
$31.20;  Richard  Brown,  page,  $28;  Frank  Chase,  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  March  26,  1913.] 


CHAPTER  232. 


JOINT  RESOLUTION  TO  PROVIDE  FOR  A  DEFICIENCY  IN  THE  EXPENSES  OF 
THE  LEGACY  TAX  DEPARTMENT  FOR  THE  YEAR  ENDING  AUGUST  31, 
1913. 

^  Appropriation   of  $1,000. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  That  the  sum  of  one  thousand  ($1,000)  dollars  be  and  the  same 

"      '■  is  hereby  appropriated  to  provide  for  a  deficiency  in  the  legacy  tax 

department  for  the  fiscal  year  ending  August  31,  1913,  and  the 

governor  is  authorized  to  draw  his  warrant  for  the  same  out  of  any 

money  in  the  treasury  not  otherwise  appropriated. 

[Approved  March  26,  1913.] 


1913]  Chapters  283,  234.  805 

CHAPTER  233. 

JOINT  RESOLUTION  TO  PROVIDE  FOR  A  DEFICIENCY  IN  THE  EXPENSES  OF 
THE  NEW  HAMPSHIRE  STATE  SANATORIUM  FOR  THE  YEAR  ENDING 
AUGUST   31,    1913. 

Appropriation  of   $5,000. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  five  thousand  ($5,000)  dollars  be  and  the  same' Appropriation 
is  hereby  appropriated  to  provide  for  a  deficiency  in  the  mainte-  "^  ?5,ooo. 
nance  and  running  expenses  of  the  New  Hampshire  State  Sana- 
torium for  the  fiscal  year  ending  August  31,  1913. 

[Approved  March  31,  1913.] 


CHAPTER  234. 


JOINT  RESOLUTION  TO  PROVIDE  FOR  A  DEFICIENCY  IN  THE  EXPENSES  OF 
THE    INSURANCE    DEPARTMENT    FOR    THE    YEAR    ENDING    AUGUST    31, 

1913. 

Appropriation   of   $500. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  five  hundred  dollars  be  and  the  same  is  hereby  Appropriation 
appropriated  for  incidentals  in  the  insurance  department  for  the " 
year  ending  August  31,  1913,  and  the  governor  is  hereby  authorized 
to  draw  his  warrant  for  the  same  out  of  any  money  in  the  treas- 
ury not  otherwise  appropriated. 

[Approved  March  31,  1913.] 


806 


Chapters  235,  236. 


[1913 


Appropriation 
of    $10,000;     ap- 
pointment   of 
agent  to  expend 
same. 


CHAPTER  235. 

JOINT  RESOLUTION  IN  FAVOR  OP  THE  CELEBRATION  OF  THE  ANNIVER- 
SARY OF  THE  BATTLE  OP  GETTYSBURG. 

Appropriation  of  $10,000;   governor  and  council    to    appoint    agent    to    expend    same. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  ten  thousand  dollars,  ($10,000)  or  such  portion 
thereof  as  may  be  necessary,  be  and  is  hereby  appropriated  for 
paying  the  transportation  charges  to  and  from  Gettysburg,  Pa., 
on  the  occasion  of  the  celebration  of  the  anniversary  of  the  Battle 
of  Gettysburg,  July,  1913,  of  such  survivors  of  the  "War  of  the 
Rebellion  now  residing  in  New  Hampshire  who  are  able  and  who 
desire  to  attend.  The  above  sum  shall  be  placed  at  the  disposal  of 
some  person  to  be  designated  by  the  governor,  with  the  approval 
of  the  council,  w^ho  will  be  thereby  charged  with  carrying  out  the 
provisions  of  the  joint  resolution ;  said  person,  upon  the  comple- 
tion of  his  duties,  shall  render  to  the  governor  and  council,  an 
itemized  account  of  his  expenditures  as  authorized,  and  shall  cover 
back  into  the  treasury  any  unexpended  balance  remaining  in  his 
hands;  he  shall  be  reimbursed  from  the  sum  appropriated  in  the 
joint  resolution  for  any  expense  he  may  have  found  it  necessary  to 
incur  in  carrying  out  its  provisions.-  The  joint  resolution  shall 
take  effect  upon  its  passage. 

[Approved  March  31,  1913.] 


CHAPTER  236. 


Preamble. 


JOINT  RESOLUTION  APPROPRIATING  MONEY  FOR  THE  PAYMENT  OF  THE 
BALANCE  DUE  THE  TOWNS,  CITIES  AND  UNINCORPORATED  PLACES  FOR 
THE  state's  legal  SHARE  FIGHTING  FOREST  AND  BRUSH  FIRES. 

Preamble;    appropriation    of    $3,000. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  whereas,  the  State  of  New  Hampshire  is  by  law  required 
to  pay  one  half  of  the  expenses  caused  by  fighting  forest  and  brush 
fires  in  towns,  cities  and  unincorporated  places,  and  whereas,  the 
amount  appropriated  for  the  years  1911  and  1912  was  insufficient 


1913]  Chapters  237,  238.  807 

to  meet  this  obligation,  now,  therefore,  be  it  resolved  that  the  sum  Appropriation 
of  $3,000  is  hereby  appropriated  to  pay  the  state's  legal  share  of  °       '      " 
said   bills,   and   the   governor   is   hereby   authorized  to  draw  his 
warrant  for  the  same  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

[Approved  March  31,  1913.] 


CHAPTER  237. 

JOINT  RESOLUTION  IN  REGARD  TO  THE  PREPARATION  AND  PUBLICATION 
OF  A  DIGEST  OF  THE  DECISIONS  OF  THE  SUPREME  COURT  OF  THE 
STATE. 

Contract  by  governor   and   council   authorized. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  governor  and  council  are  hereby  authorized  to  enter  Contract 
into  a  contract  with  any  person,  firm  or  corporation  to  prepare  and 
publish  either  a  complete  digest  of  the  decisions  of  the  supreme 
court  of  the  state,  or  a  supplementary  digest  to  include  the  deci- 
sions contained  in  New  Hampshire  Reports,  volumes  65  to  76  in- 
clusive. The  amount  necessary  to  carry  out  the  provisions  of  this 
act  shall  be  drawn  from  any  money  in  the  treasury  not  otherwise 
appropriated,  and  the  governor  is  hereby  authorized  to  draw  his 
warrant  for  the  same. 

[Approved  April  1,  1913.] 


CHAPTER  238. 


JOINT    RESOLUTION    FOR    THE    PURCHASE    OF    COPIES    OF    THE    SUPPLE- 
MENT TO  THE  CHASE  EDITION  OF  THE  PUBLIC   STATUTES. 

Purchase    of    550    copies  authorized ;  how  distributed. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  whereas  a  supplement  to  the  Chase  edition  of  the  Public  Purchase  of  550 
Statutes,  to  include  the  laws  for  the  years  1901  to  1913  inclusive,  ho w'^^distribu'ted.  ' 
is  being  compiled,  now  therefore  be  it  resolved,  that  upon  the  pub- 


808 


Chapter  239. 


[1913 


lication  of  said  supplement  the  secretary  of  state  is  hereby  author- 
ized and  directed  to  purchase  550  copies  thereof  for  a  sum  not 
exceeding  thirty-three  hundred  dollars,  payable  out  of  any  money 
in  the  treasury  not  otherwise  appropriated.  The  secretary  of  state 
shall  distribute  said  copies  as  follows:  One  to  the  town  clerk  of 
each  town  and  to  the  ward  clerk  of  each  ward  in  the  cities;  one 
to  each  judge  of  the  supreme  and  superior  courts;  one  to  each 
clerk  of  court ;  one  to  each  judge  of  probate ;  one  to  each  register 
of  probate ;  one  to  each  register  of  deeds ;  one  each  to  the  Library 
of  Congress,  the  United  States  Department  of  Justice,  the  United 
States  supreme  court  library ;  one  to  the  state  library  of  each  state 
in  the  Union;  one  to  each  of  the  executive  departments  and  com- 
missions of  this  state ;  one  to  each  police  justice  in  the  state ;  and 
the  balance  to  the  state  library  of  this  state  for  the  use  of  legisla- 
tive committees. 

[Approved  April  1,  1913.] 


CHAPTER  239. 


JOINT    RESOLUTION    FOR    THE    APPOINTMENT    OF    MEMBERS    OF    A    NEW 
ENGLAND    RAILROAD    CONFERENCE    BOARD. 

Preamble;  governor  to  appoint  members  of  railroad   conference   board;    appropriation 

of  $1,000. 

Whereas,  at  a  meeting  of  the  governors  of  five  of  the  New  Eng- 
Preambie.  land   statcs,   recently  held,   to   consider  the  best  methods   of  de- 

veloping and  operating  the  railway  systems  of  New  England,  it 
was  agreed  that  each  New  England  state  should  be  requested  to 
appoint  two  citizens  of  such  state,  to  act,  in  conjunction  with  two 
citizens  appointed  by  each  of  the  remaining  states,  as  a  New  Eng- 
land railroad  conference  board,  to  consider  ways  and  means  best 
adapted  to  the  proper  development,  maintenance  and  operation  of 
New  England  railways,  that  the  interests  of  the  public-at-large 
and  of  the  railways  might  be  conserved ;  and. 

Whereas,  other  New  England  states,  acting  upon  the  subject, 
have  authorized  the  appointment  of  members  of  said  conference 
board. — Now,  therefore, 

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

Railroad  con-  That  the  govcmor,  by  and  with  the  advice  and  approval  of  the 

appTop^riat^on  '      council,  is  hereby  authorized  to  appoint  and  commission  two  rep- 
of  $1,000.  iitable  citizens  of  this  state  as  members  of  a  New  England  railroad 


1913]  Chapter  240.  809 

conference  board,  to  act  in  conjunction  with  a  like  representation 
from  other  New  England  states,  in  considering  the  ways  and  means 
best  adapted  to  the  proper  development,  maintenance  and  opera- 
tion of  the  railways  of  New  England  for  the  conservation  of  the 
interests  of  the  piiblic-at-large,  and  of  the  railway  systems.  Said 
commissioners  to  make  report  of  the  doings  and  conclusions  of 
said  board,  to  the  governor  and  council,  who  shall  transmit  the 
same  to  the  legislature  next  in  session  thereafter.  Said  commis- 
sioners are  to  serve  without  pay,  but  are  to  be  paid  their  actual 
expenses,  for  which  purpose,  there  is  hereby  appropriated  of  the 
funds  in  the  treasury  not  otherwise  appropriated,  the  sum  of  one 
thousand  dollars. 

This  joint  resolution  shall  take  effect  upon  its  passage.  Takes  effect 

^  ^  °  on   passage. 

[Approved  April  15,  1913.] 


CHAPTER  240. 


JOINT  RESOLUTION  FOR  THE   IMPROVEMENT  OF  THE  HIGHWAY  TO  THE 
president's   SUMMER   HOME    IN    CORNISH. 

Appropriation  of  $12,000;  highway   to  be  known  as  the  Wilson  road. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  twelve  thousand  dollars  ($12,000)  be  and  hereby  Appropriation  of 
is  appropriated  for  the  improvement  of  the  highway  between  the  to  be  kn'owlf  as^^ 
bridge  across  the  Connecticut  river  in  the  town  of  Cornish  and  the  ^^^  Wiison  road. 
summer  home  of  the  President  of  the  United  States  in  that  town, 
and  that  said  highway  be  known  as  The  Wilson  Road.     Said  ap- 
propriation shall  be  expended  under  the  direction  of  the  governor 
and  council,  and  this  resolution  shall  take  effect  upon  its  passage. 

[Approved  April  17,  1913.] 


\ 


810 


Chapters  241,  242. 


[1913 


Appropriation    of 
$2,101     and 
$350.01,    witli 
interest. 


CHAPTER  241. 
/ 

JOINT  RESOLUTION   IN  FAVOR  OF  THE  BOSTON  &  MAINE  RAILROAD   AND 
.      THE  DOVER,  SOMERSWORTH  &  ROCHESTER  STREET  RAILWAY  COMPANY. 

Appropriations  of  $2,101  and  $350.01,  witli  interest  from  December  1,   1911. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  two  thousand  one  hundred  and  one  dollars  with 
interest  from  the  first  day  of  December,  1911,  be  and  is  hereby  ap- 
propriated for  the  purpose  of  reimbursing  the  Boston  &  Maine 
Railroad  for  taxes  erroneously  assessed  for  the  year  ending  April 
1,  1911,  upon  property  of  the  Concord  &  Montreal  Railroad,  known 
as  the  Eastman  Falls  property  in  Franklin,  and  which  said  tax  has 
been  paid  by  the  said  Boston  &  Maine  Railroad ;  also  that  the  sum 
of  three  hundred  fifty  dollars  and  one  cent  be  and  is  hereby  appro- 
priated for  the  purpose  of  reimbursing  the  Dover,  Somersworth  & 
Rochester  Street  Railway  Company  with  interest  from  the  first 
day  of  December,  1911,  for  taxes  erroneously  assessed  upon  said 
Dover,  Somersworth  &  Rochester  Street  Railway  Company  for  the 
years  1909  and  1910  and  which  has  been  paid  by  said  street  rail- 
way company ;  that  these  several  amounts  having  been  paid  to 
the  towns  by.  the  state  treasurer,  the  same  shall  be  deducted  from 
the  next  railroad  tax  when  apportioned  to  them. 

[Approved  April  22,  1913.] 


CHAPTER  242. 


Appropriation 
of    $80,000. 


JOINT  RESOLUTION  APPROPRIATING  MONEY  FOR  THE  NEW  HAMPSHIRE 
COLLEGE  OF  AGRICULTURE  AND  THE  MECHANIC  ARTS,  FOR  THE  EREC- 
TION OF  A  BUILDING. 

Appropriation     of    $80,000. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  conve7ied: 

That  the  sum  of  eighty  thousand  ($80,000)  dollars  be  and  the 
same  is  hereby  appropriated  for  the  New  Hampshire  College  of 
Agriculture  and  the  Mechanic  Arts  and  the  governor  is  authorized 
to  draw  his  warrant  for  said  sum  out  of  any  money  in  the  treasury 


1913]  Chapter  243.  gll 

not  otherwise  appropriated.  Said  appropriation  to  be  used  for 
the  erection  of  a  new  building  for  the  engineering  departments  at 
said  college. 

[Approved  April  29,  1913.] 


CHAPTER  243. 

JOINT  RESOLUTION  APPROPRIATING  MONEY  FOR  NEW  BUILDINGS  AT  THE 
KEENE  NORMAL  SCHOOL. 

Preamble;    appropriation    of    $100,000;    issue  of  bonds  and  temporary  loan  prorided 

for. 

Whereas  the  state  has,  by  joint  resolution  of  the  legislature  of  Preamble. 
1909,  established  a  normal  school  in  the  city  of  Keene,  the  said  city 
having  provided  free  of  expense  a  beautiful  and  well  adapted 
location  for  the  same,  and 

Whereas  the  said  school  has  so  increased  in  numbers  that  it  has 
entirely  outgrown  the  temporary  quarters  provided  at  the  estab- 
lishment and  is  seriously  hampered  in  providing  housing  and  edu- 
cational facilities  for  its  pupils,  and 

Whereas  there  is  a  great  demand  for  more  normal  trained 
teachers  in  our  state,  therefore  be  it 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  $100,000  be,  and  hereby  is,  raised  and  appro-  Apt)ropriation  of 
priated  for  the  providing  of  adequate  accommodations  for  the  of  bonds  an'd^tem- 
Keene  normal  school,  said  accommodations  to  consist  of  a  dormi- P?[g^^yf J^"""  p"""' 
tory  and  a  school  building,  and  a  central  heating  plant,  and  fur- 
nishings and  such  incidental  moving  and  remodeling  of  present 
buildings  as  may  be  necessitated  thereby :  said  sum  to  be  expended 
under  the  direction  of  the  trustees  of  said  institution.  The  state 
treasurer  is  hereby  authorized,  under  the  direction  of  the  governor 
and  council,  to  borrow  said  sum  of  .$100,000  on  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,  1923,  at  a  rate  of  interest 
not  exceeding  three  and  one-half  per  cent,  per  annum,  payable  semi- 
annually on  the  first  days  of  January  and  July  of  each  year ;  such 
bonds  to  have  interest  warrants  or  coupons  attached  thereto,  said 
coupons  to  be  signed  by  the  state  treasurer,  and  said  bonds  and 
coupons  to  be  made  payable  at  such  place  as  the  governor  and 
council  shall  designate.    Said  bonds  shall  be  designated  New  Hamp- 

23 


812  Chapter  244.   "  [1913 

shire  State  Normal  School  Bonds  and  shall  be  signed  by  the 
treasurer,  and  countersigned  by  the  governor,  and  shall  be  deemed 
a  pledge  of  the  faith  and  credit  of  the  state.  The  secretary  of  state 
shall  keep  a  record  of  all  bonds  countersigned  by  the  governor, 
showing  the  number  and  amount  of  each  bond,  the  time  of  counter- 
signing, 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  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.  Said  bonds 
when  owned  by  residents  or  savings  banks  of  this  state  shall  be 
exempt  from  taxation.  The  governor  shall  draw  his  orders  on  the 
state  treasurer  for  the  amounts  that  may  be,  or  become,  due  from 
time  to  time,  under  the  contracts  of  the  trustees,  approved  by  the 
governor  and  council,  for  the  purposes  aforesaid,  after  said  bills 
shall  have  been  duly  approved  by  the  governor  and  council,  to  an 
amount  not  exceeding  the  proceeds  of  said  bonds.  To  provide  for 
the  purposes  enumerated  in  this  joint  resolution  pending  the  sale 
of  said  bonds,  as  above  provided,  the  governor  and  council  may, 
and  hereby  are  authorized,  to  borrow  money  on  the  credit  of  the 
state,  to  an  amount  not  exceeding  .$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. 

[Approved  April  29,  1913.] 


CHAPTER  244. 


JOINT  RESOLUTION  AUTHORIZING  THE  ATTORNEY-GENERAL  TO  COLLECT 
BY  SUIT,  OR  OTHERWriSE,  THIRTY  ONE-THOUSAND- DOLLAR  BONDS  OP 
THE  STATE  OF  SOUTH  CAROLINA  NOW  HELD  BY  THE  STATE  OF  NEW 
HAMPSHIRE. 

Preamble;    suit   or   compromise  authorized. 

Resolved  hxj  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Preamble.  Whereas,  the  State  of  New  Hampshire  is  the  owner  of  thirty 

one-thousand-dollar  bonds  issued  by  the  State  of  South  Carolina, 
the  principal  and  interest  of  which  are  long  overdue, 


1913J  Chapter  245.  813 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Court  convened, — 

That  the  attorney-general  by  and  with  the  approval  of  the  gov-  Suit  or  compro- 
ernor  and  council  be  and  hereby  is  authorized  in  the  name  of  the 
State  of  New  Hampshire  to  bring  suit  in  any  federal  court  of 
competent  jurisdiction  and  to  do  all  things  necessary  and  proper 
to  prosecute  said  suit  to  final  judgment  and  execution  against  said 
State  of  South  Carolina  for  the  amount  of  said  bonds  and  interest ; 
and  further  to  do  all  things  necessary  to  collect  such  judgment 
and  execution,  or,  with  the  approval  of  the  governor  and  council, 
to  take  any  other  steps  to  collect  said  bonds,  or  to  compromise, 
adjust  and  settle  said  claim  and  said  suit,  either  before  or  after 
judgment ;  and  for  said  purpose  the  attorney-general  is  fully  au- 
thorized and  empowered  to  employ  such  counsel  and  assistance  and 
to  incur  such  expense  as  may  be  necessary  to  duly  conduct  said 
suit  and  collect,  or  settle  and  adjust,  such  judgment  and  execu- 
tion. The  governor  is  duly  authorized  to  draw  his  warrant  upon 
any  money  in  the  treasury  not  otherwise  appropriated  for  all  of  the 
expense  incurred  under  this  joint  resolution. 

[Approved  April  29,  1913.] 


CHAPTER  245. 

JOINT  RESOLUTION  IN  FAVOR  OF  .JOHN  FOX  WEISS. 
Payment    of     $1,247.38   authorized. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  twelve  hundred  forty-seven  and  38-100  dollars  Payment  of 
'  be  paid  to  John  Fox  Weiss  of  Harrisburg,  Pennsylvania,  for  dam-  tntltrized. 
ages  and  expenses  incurred  while  traveling  on  the  Lafayette  road, 
so  called,  a  state  highway  in  the  town  of  Franconia,  running  be- 
tween the  Profile  House  and  Bretton  "Woods,  by  reason  of  a  defect 
in  said  state  highway,  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  30,  1913.1 


814 


Chapters  246,  247. 


[1913 


Appropriations 
of    180,000. 


CHAPTER  246. 

JOINT  RESOLUTION  IN  FAVOR  OF  NEW  HAMPSHIRE  SCHOOL  FOR  FEEBLE- 
MINDED. 

Appropriations  of  $80,000  for  sundry  purposes. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  forty  thousand  dollars  ($40,000)  be  and  hereby 
is  appropriated  for  the  erection  and  furnishing  of  a  dormitory  for 
the  care  of  epileptics;  that  the  sum  of  twenty  thousand  dollars 
($20,000)   be  appropriated  for  the  erection  and  furnishing  of  a 
chapel;  that  the  sum  of  ten  thousand  ($10,000)  dollars  be  appro- 
priated for  piping,  sewage,  water  and  steam ;  that  the  sum  of  three 
thousand    ($3,000)    dollars  be  appropriated  for  the  purchase  of 
land;  that  the  sum  of  one  thousand    ($1,000)    dollars  be  appro- 
priated for  the  installment  of  telephone  system ;  that  the  sum  of  two 
thousand  five  hundred  and  fifty  ($2,550)  dollars  be  appropriated 
for  the  enlarging  of  the  school-house ;  that  the  sum  of  two  thousand 
two  hundred  and  fifty  ($2,250)  dollars  be  appropriated  for  insulat- 
ing steam  pipes;  that  the  sum  of  four  hundred  ($400)  dollars  be 
appropriated  for  electric  wiring ;  that  the  sum  of  eight  hundred 
($800)   dollars  be  appropriated  for  tools  and  equipment  for  car- 
penter's shop.     The  governor  is  hereby  authorized  to  draw  his 
warrant  for  the  same  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

[Approved  April  30,  1913.] 


Preamble. 


CHAPTER  247. 

JOINT   RESOLUTION   RELATING  TO   THE  BOUNDARY   COMMISSIONERS.      . 
Preamble;   commissioners  on   Vermont   boundary   dispute  provided   for. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Whereas  the  state  of  Vermont  claims  that  a  difference  now  exists 
between  that  state  and  this,  as  to  the  boundary  line  between  the 
two  states,  and, 

"Whereas,  the  state  of  Vermont  has  directed  her  attorney-general 
to  institute  and  prosecute  such  actions  as  are  necessary  for  the 
settlement  and  demarcation  of  said  boundary  line,  and 


1913]  Chapter  247.  815 

Whereas,  the  state  of  Vermont  claims  that  there  are  questions 
still  pending  involving  the  construction  and  maintenance  of  inter- 
state bridges  across  the  Connecticut  river,  which  will  be  delayed 
by  the  suggested  litigation,  and 

Whereas,  the  state  of  Vermont  suggests  that  a  reasonable  pos- 
sibility of  an  adjustment  of  all  such  differences  as  Vermont  claims 
to  be  existing,  may  be  had  by  negotiation,  and 

Whereas,  Vermont  has,  by  joint  resolution  of  her  senate  and 
house  of  representatives  in  general  assembly  convened,  authorized 
her  governor  to  appoint  three  commissioners  to  meet  any  person 
or  persons  thereto  authorized  by  this  state,  to  negotiate  for  the 
determination  and  location  of  the  true  boundary  line  between  the 
two  states,  and  as  to  all  other  matters  dependent  thereon  including 
the  construction  and  maintenance  of  interstate  bridges ;  all  of  which 
appears  by  a  copy  of  the  joint  resolution  passed  by  the  general 
assembly  of  Vermont,  and  the  correspondence  wherewith  said  reso- 
lution has  been  transmitted  by  the  governor  of  Vermont  to  the 
governor  of  this  state : 

Now,  therefore,  while  affirming  the  boundary  between  the  two 
states  to  be  the  west  bank  of  the  Connecticut  river,  to  which  point 
the  jurisdiction  of  New  Hampshire  extends,  yet,  recognizing  that 
questions  may  reasonably  arise  as  to  the  construction  of  dams  in 
said  river ;  and  the  erection  and  maintenance  of  interstate  bridges 
over  said  river : 

Be  it  Resolved:  The  governor  is  hereby  authorized,  by  and  with  commissioners  on 
the  advice  and  consent  of  the  council,  to  appoint  and  commission  one  afsp™?"  provi'dl"^ 
or  more,  not  exceeding  three,  persons,  to  meet  and  confer  with  the  '<*'"• 
commissioners  from  the  state  of  Vermont  as  to  the  subject  matters 
dependent  upon  the  divisional  line  between  the  two  states.     Said 
commission  shall  report  to  the  governor  and  council  fully  as  to  the 
claim  of  Vermont,  if  a  difference  be  found  to  exist  as  to  the  divi- 
sional line  between  said  states;  and  as  to  all  matters  dependent 
upon  or  affected  by  said  divisional  line,  which  have  been  considered 
by  said  boards,  with  their  recommendations  thereon,  which  report 
shall  be  transmitted  to  the  general  court  at  its  next  sitting.     Such 
commissioners  shall  be  paid  their  necessary  expenses,  to  be  allowed 
by  the  governor  and  council,  and  such  further  sum  as  to  the  gover- 
nor and  council  may  seem  just,  to  be  paid  from  any  money  in  the 
treasury  not  otherwise  appropriated. 

[Approved  April  30,  1913.1 


816  Chapters  248,  249.  [1913 

CHAPTER  248. 

JOINT  RESOLUTION  FOR  THE  REPAIR  OF  SUGAR  LOAF  ROAD  IN  THE  TOWN 

OF  ALEXANDRIA. 

Annual   appropriation    of    $100. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Annual  appropria-  That  the  suiu  of  One  hundred  dollars  be  and  the  same  is  hereby 
tion  o  $1  .  appropriated  for  the  repair  of  Sugar  Loaf  road  in  the  town  of 
Alexandria  for  the  year  1913  and  a  like  amount  for  the  year  1914, 
the  same  to  be  expended  under  the  direction  of  the  selectmen. 
The  governor  is  authorized  to  draw  his  warrants  for  said  sums 
out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

[Became    a    law    without    the    governor's    signature,    May    5, 
1913.1 


CHAPTER  249. 

JOINT  RESOLUTION  IN  FAVOR  OF   IMPROVEMENTS  IN  THE  STATE  HOUSE 

YARD. 

Appropriations  of  $10,500. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriations  That  tlic  followiug  named  sums  be  and  hereby  are  appropriated, 

'      ■  to  be  expended  under  the  direction  of  the  governor  and  council; 

ten  thousand  dollars  ($10,000),  or  so  much  thereof  as  may  be  neces- 
sary, for  the  purpose  of  relaying  the  walks  in  the  state  house  yard ; 
five  hundred  dollars  ($500),  or  so  much  thereof  as  may  be  neces- 
sary, for  the  purpose  of  grading  and  fertilizing  the  lawn  in  the 
state  house  yard ;  and  the  governor  is  hereby  authorized  to  draw  his 
warrant  for  the  same  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

[Approved  May  7,  1913.] 


1913]  -  Chapters  250,  251.  817 

CHAPTER  250. 

JOINT     RESOLUTION     APPROPRIATING     MONEY     FOR     LIGHTS     ON     LAKE 

WINNIPESAUKEE. 

Annual    appropriation   of   $100. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  one  hundred  dollars  for  each  of  the  years  1913  and  1914,  Annual  appropru- 

•^  .  .       tiou  of  $100. 

be  and  is  hereby  appropriated  for  the  purpose  of  placing  and  main- 
taining two  or  more  lights  for  lighting  the  steamboat  course  on 
said  Lake  Winnipesaukee  opposite  Melvin  Village ;  the  same  to  be 
expended  by  the  agent  in  charge  of  the  buoys  and  lights  on  the 
eastern  side  of  said  lake,  and  the  governor  is  hereby  authorized 
to  draw  his  warrant  for  said  sum  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

[Approved  May  7,  1913.] 


CHAPTER  251. 


JOINT  RESOLUTION  RELATING  TO  THE  SHARE  OP  THE  STATE  OP  NEW 
HAMPSHIRE  IN  THE  EXPENSE  OF  THE  CONFERENCE  OF  THE  GOV- 
ERNORS OF  THE  STATES  IN  1912. 

Appropriation  of    $150. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Covert  convened: 

That  the  sum  of  one  hundred  and  fifty  dollars,  be  and  hereby  is  Appropriation 
appropriated  from  any  moneys  in  the  state  treasury  not  otherwise  " 
appropriated,  for  the  payment  of  the  share  of  the  State  of  New 
Hampshire,  in  the  conference  of  governors  held  in  the  year  1912, 
and  the  governor  is  hereby  authorized  to  draw  his  warrant  there- 
for. 

[Approved  May  7,  1913.] 


818 


Chapters  252,  253. 


[19ia 


CHAPTER  252. 

JOINT  RESOLUTION  IN  FAVOR  OF  IMPROVEMENTS  IN  THE  STATE  HOUSE. 
Appropriations    of   $4,900. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

'V''$4  900*'°'^^  That  the  following  named  sums  be  and  hereby  are  appropriated, 

to  be  expended  under  the  direction  of  the  governor  and  council; 
one  thousand  dollars  ($1,000),  or  so  much  thereof  as  may  be  neces- 
sary, for  the  purpose  of  cleaning  the  portraits  and  repairing  the 
frames  of  the  same  in  the  state  house  collection ;  four  hundred  dol- 
lars ($400),  or  so  much  thereof  as  may  be  necessary,  for  the  pur- 
pose of  kalsomining  the  ceilings  of  offices;  one  thousand  dollars 
($1,000),  or  so  much  thereof  as  may  be  necessary,  for  the  purpose 
of  painting  the  walls  of  Representatives'  hall;  fifteen  hundred  dol- 
lars ($1,500),  or  so  much  thereof  as  may  be  necessary,  for  the 
purpose  of  installing  a  vacuum  cleaning  system  for  the  state  house ; 
one  thousand  dollars  ($1,000),  or  so  much  thereof  as  may  be  neces- 
sary, for  the  purpose  of  installing  shelving  and  filing  cases  in  the 
basement  vaults  of  the  state  house  addition ;  and  the  governor  is 
hereby  authorized  to  draw  his  warrant  for  the  same  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

[Approved  May  7,  1913.] 


CHAPTER  253. 


Appropriation 
of  $5,000. 


JOINT    RESOLUTION    APPROPRIATING    MONEY    TO    MAKE    EFFECTIVE    THE 
LAWS    AGAINST    BRIBERY    AT    ELECTIONS. 

Appropriation   of   $5,000. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  five  thousand  dollars  ($5,000)  be  and  the  same 
is  hereby  appropriated  for  the  biennial  fiscal  period  ending  August 
31,  1915  to  defray  such  expenses  not  now  provided  for  by  law  as 
may  be  necessary  for  the  prevention,  detection,  investigation  and 
prosecution  of  bribery  at  elections  to  be  expended  under  the  direc- 
tion and  subject  to  the  approval  of  the  attorney-general,  and  the 
governor  is  hereby  authorized  to  draw  his  warrants  to  defray  such 


1913]  Chapters  254,  255.  819 

expenses  as  the  bills  for  the  same,  approved  by  the  attorney-general, 
shall  be  presented.  The  word  elections  shall  be  construed  to  in- 
clude all  elections  by  popular  or  legislative  vote. 

[Approved  May  7,  1913.] 


CHAPTER  254. 

JOINT  RESOLUTION  IN  FAVOR  OF  HENRY  H.   CLARK  OF  FRANCONIA. 

Appropriation   of  $193.51. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  one  hundred  and  ninety-three  dollars  and  fifty-  Appropriation 
one  cents  be  and  the  same  is  hereby  appropriated  for  expenses  of 
Henry  H.  Clark  of  Franconia  while  acting  as  trustee  of  the  normal 
schools,  and  the  governor  is  hereby  authorized  to  draw  his  warrant 
for  said  amount  to  be  paid  out  of  money  in  the  treasury  not  other- 
wise appropriated. 

[Approved  May  7,  1913.] 


CHAPTER  255. 

JOINT  RESOLUTION  APPROPRIATING  MONEY  FOR  THE  USE  OF  DARTMOUTH 

COLLEGE. 

Annual     appropriation   of  $20,000. 

Resolved  by  the  Senate  and  Jlouse  of  Representatives  in  General 
Court  convened: 

That  in  recognition  of  the  eminent  service  rendered  by  Dart-  Annual  appropris 
mouth  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  state  treasury  to  the  trustees 
of  Dartmouth  College,  on  the  warrant  of  the  governor,  on  the  first 
day  of  September  each  year  for  a  period  of  two  years  next  after 
the  passage  of  this  resolution,  for  use  by  said  college  in  its  educa- 
tional work.  This  appropriation  shall  include  ten  scholarships 
each  year  for  two  years  for  the  full  prepaid  annual  tuition,  at  the 


820  Chapter  256.  [1013 

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  different  students.  The  students  granted 
these  scholarships  shall  be  appointed  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  dis- 
tribution is  found  practicable. 

[Approved  May  7,  1913.] 


CHAPTER  256. 

JOINT  RESOLUTION  IN  RELATION  TO  THE  BEQUEST  OF  THE  HON.  JOHN 
NESMITH  FOR  THE  AID,  SUPPORT,  MAINTENANCE  AND  EDUCATION  OF 
THE  INDIGENT  BLIND  OP  THE  STATE  OF  NEW  HAMPSHIRE. 

Preamble;    governor  directed  to   enforce    and    protect    rights    of    state. 

Preamble.  Whereas,  the  Hon.  John  Nesmith,  late  of  Lowell,  in  the  County 

of  Middlesex  and  Commonwealth  of  Massachusetts,  by  his  will  ap- 
proved on  the  ninth  day  of  November,  one  thousand  eight  hundred 
and  sixty-nine,  directed  the  trustees  therein  named  to  retain  in  their 
hands  sixty  thousand  dollars  of  his  estate,  and  also  certain  real 
estate  therein  described,  and  by  his  will  aforesaid  directed  the  said 
trustees,  upon  the  decease  of  the  survivor  of  his  children,  to  pay 
over,  deliver  and  assure  the  said  estate  and  property  to  the  state  of 
New  Hampshire,  to  hold  the  same  in  fee,  and  apply  the  income 
thereof  for  the  aid,  support,  maintenance  and  education  of  the 
indigent  blind  of  said  state ; 

Whereas,  certain  litigation  has  been  instituted  in  the  courts  of 
the  Commonwealth  of  Massachusetts,  the  object  of  which  is  to  in- 
validate said  bequest  to  this  state  and  to  divert  the  fund  to  the  heirs 
of  said  Nesmith ; 

Whereas,  the  legislature  of  this  state  by  chapter  52  of  the  ses- 
sion Laws  of  1870  accepted  this  noble  gift  upon  the  conditions 
named  in  said  will,  and  authorized  and  requested  the  then  gover- 
nor to  take  such  further  measures  as  he  might  think  expedient  to 
secure  to  the  state  the  benefits  of  this  donation ;  now,  therefore. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Governor  directed     That  the  statc  of  Ncw  Hampshire  reaffirm  its  grateful  accept- 
Tf  suto.'^*^  "^   ^  ance  of  this  noble  gift  for  the  uses  and  upon  the  conditions  named 


1913]  Chapters  257,  258.  821 

in  said  will;  that  we  pledge  the  faith  and  credit  of  the  state  to 
fulfilling  the  conditions  named ;  that  his  excellency  the  governor 
be  authorized  and  directed  to  take  all  necessary  measures  to  pro- 
tect, conserve  and  enforce  the  rights  of  the  state  in  said  gift. 
That  this  resolution  take  effect  upon  its  passage. 

[Approved  May  7,  1913.] 


CHAPTER  257. 

JOINT  RESOLUTION  APPROPRIATING  MONEY  FOR  THE  USE  OF  THE  PUBLIC 
SERVICE  COMMISSION  FOR  THE  YEAR  ENDING  AUGUST  31,  1913. 

Appropriation   of    $3,282.90. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  three  thousand  two  hundred  eighty-two  dollars  Appropriation  of 
and  ninety  cents,  being  a  part  of  the  unexpended  balance  of  the  ' 
appropriation  for  the  use  of  the  public  service  commission  for  the 
year  ending  August  31,  1912,  be  appropriated  for  the  uses  of  the 
public  service  commission  for  the  year  ending  August  31,  1913, 
including  experts,  clerks  and  assistants,  incidentals  and  printing, 
expert  assistance  in  the  railroad  rate  investigation  between  the  filing 
of  the  report  of  the  commission  and  January  1,  1913,  and  the  bal- 
ance of  the  cost  of  printing  and  binding  the  report  on  the  railroad 
rate  investigation. 

[Approved  May  7,  1913.] 


CHAPTER  258. 

JOINT    RESOLUTION    FOR    THE    ERECTION    OF    A    STATUE    OF    FRANKLIN 

PIERCE. 

Appropriation    of    $15,000. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  governor  and  council  be  hereby  directed  to  cause  a  Appropriation 
statue  to  Franklin  Pierce  to  be  erected  in  an  appropriate  place,  to  °        '      ' 
be  by  them  selected,  in  the  state  house  yard,  the  material,  design, 


822  Chapters  259,  260.  [1913 

workmanship,  and  dedication  to  be  left  to  the  discretion  of  the 
governor  and  council ;  and  that  to  meet  the  expense  thereof  the 
governor  be  authorized  to  draw  his  warrant  upon  the  treasury  for 
a  sum  not  exceeding  fifteen  thousand  dollars. 

[Approved  May  13,  1913.] 


\  CHAPTER  259. 

JOINT  RESOLUTION   IN  FAVOR  OF  THE  FORESTRY  DEPARTMENT  AND  AP- 
PROPRIATING $15,800  THEREFOR. 

Additional    appropriations  of  $15,800. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Additional   appro-      That  the  sums  hereinafter  specified  are  hereby  appropriated  for 
|i5,8oo!  °  the  forestry  department,  to  wit :    For  the  fiscal  year  ending  August 

31,  1914:  For  field  assistance,  $1,500;  for  clerical  assistance,  $900; 
for  the  care  and  acquisition  of  state  land,  $5,000 ;  for  the  suppres- 
sion of  the  chestnut  bark  disease,  $500, — $7,900.  For  the  fiscal 
year  ending  August  31,  1915:  For  field  assistance,  $1,500;  for 
clerical  assistance,  $900 ;  for  the  care  and  acquisition  of  state  land, 
$5,000;  for  the  suppression  of  the  chestnut  bark  disease,  $500, — 
$7,900,  and  the  governor  is  hereby  authorized  to  draw  his  warrant 
for  the  same  out  of  any  money  in  the  treasury  not  otherwise  ap- 
propriated. 

[Approved  May  21,  1913.] 


CHAPTER  260. 

JOINT   RESOLUTION   IN   FAVOR   OF    THE   GETTYSBURG   CELEBRATION. 

Additional    appropriation  of  $3,000. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Additional  appro-     That  the  sum  of  three  thousand  dollars  ($3,000)  be  and  is  hereby 

$3!ooo!'  °*  appropriated  in  addition  to  the  amount  carried  by  joint  resolution 

No.  10  of  this  session  relating  to  the  Gettysburg  celebration;  the 

sum  named  to  be  expended,  if  found  necessary,  for  the  same  pur- 


1913]  Chapter  261.  823 

pose,  and  under  the  same  provisions,  as  the  sum  appropriated  by 
the  previous  resolution,  and  the  governor  is  hereby  authorized  to 
draw  his  warrant  for  the  same  on  any  money  in  the  treasury  not 
otherwise  appropriated. 

[Approved  May  21,  1913.] 


CHAPTER  261. 


JOINT  RESOLUTION  RELATIVE  TO  OLD  HOME  W^EEK  AND  APPROPRIATING 

MONEY   THEREFOR. 

Preamble;    time   designated;  annual  appropriation  of  $300. 

Whereas,  the  custom  of  observing  what  is  known  as  ' '  Old  Home  Preamble. 
Week"  originated  in,  and  was  inaugurated  by  the  people  of  the 
state  of  New  Hampshire  in  1899  and  has  since  spread  throughout 
the  country  and  to  foreign  lands,  and 

Whereas,  this  custom  has  been  of  immense  benefit  sentimentally 
and  practically  to  the  state  of  New  Hampshire,  and 

Whereas,  the  value  of  this  observance  has  never  been  fully  real- 
ized or  officially  recognized  by  the  state,  therefore  be  it 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  week  beginning  on  the  third  Saturday  in  August  is  Time  designated: 
hereby  designated  as  Old  Home  Week  in  New  Hampshire,  and  that  Hon"of  $300'.^'^"' 
the  sum  of  $300  annually  be  and  hereby  is  appropriated  to  be  ex- 
pended by  the  New  Hampshire  Old  Home  Week  Association  for 
promoting  Old  Home  Week  observance  and  for  publishing  and  dis- 
tributing reports  thereof,  subject  to  the  approval  of  the  governor 
and  council,  and  the  governor  is  authorized  to  draw  his  warrant  for 
the  same  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

[Approved  May  21,  1913.] 


824  Chapter  262.  [1913 

CHAPTER  262. 

JOINT    RESOLUTION    PROVIDING    FOR    AN    ENLARGEMENT    OF    THE    NEW 
HAMPSHIRE  STATE  SANATORIUM. 

Appropriation    of    $42,970  for  sundry  purposes. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  of  That  the  sum  of  forty-two  thousand  nine  hundred  and  seventy 
dry 'purposes.  ($42,970)  dollars  be  and  hereby  is  appropriated  for  the  purpose 
of  enlarging,  furnishing,  and  otherwise  improving  the  State  Sana- 
torium at  Glencliff;  the  said  sum  to  be  expended  under  the  direc- 
tion of  the  board  of  trustees  of  the  said  institution  as  follows : 
Horse  and  cow  barn  combined,  to  contain  eight  horses,  twenty  cows, 
and  125  tons  of  hay,  $7,700;  infirmary  for  women,  complete  with 
subway,  $17,500 ;  finishing  attic  in  kitchen  and  dining  room  build- 
ing, $1,500 ;  and  furnishing  infirmary  for  women,  $2,800 ;  new  tur- 
bine engine  and  electric  generator,  direct  connected,  complete  in 
all  its  parts,  $2,300;  switch-board,  panels  for  same,  and  wiring, 
$325;  automatic  control  and  mining,  $180;  two  transformers,  one 
for  farm  house  and  stable,  and  one  for  infirmary  and  ward 
building,  and  wiring,  $265 ;  labor  and  cartage,  $450, — $33,020 ; 
coal  pocket  attached  to  end  of  boiler  house,  42'x20',  to  con- 
tain 125  tons  of  soft  coal,  $1,900;  new  boiler,  complete,  $1,- 
350 ;  repairing  present  dam,  raising  same  3',  $2,000 ;  new  sewerage 
basin  and  400'  new  6"  pipe,  $800 ;  two  new  hydrants  and  pipe  for 
same,  $200,— $39,270 ;  repairs,  $1,600;  live  stock,  conditional  on 
new  barn,  etc.,  $1,500;  kitchen  furnishings,  $600,— $42,970.  The 
governor  is  hereby  authorized  to  draw  his  warrant  for  the  said  sum, 
to  be  paid  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. Said  sum  to  be  expended  under  the  supervision  of  the 
governor  and  council,  who  may  make  any  changes  in  the  direction 
of  the  expenditures  above  itemized  as,  in  their  best  judgment,  they 
may  see  fit. 

[Approved  May  21,  1913.] 


1913]  Chapters  263,  264.  825 

CHAPTER  263. 

JOINT  RESOLUTION  TO  PROVIDE  FOR  A  DEFICIENCY  IN  THE  PER  DIEM 
AND  EXPENSES  OF  THE  GOVERNOR'S  COUNCIL  FOR  THE  FISCAL  YEAR 
ENDING  AUGUST  31,  1913. 

Deficiency  appropriation    of    $2,500. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  two  thousand  five  hundred  dollars  be,  and  the  Appropriation 

T  •  T       p  in-  ■        .^  of    $2,500. 

same  is  hereby  appropriated  to  provide  tor  a  deticiency  m  the  per 
diem  and  expenses  of  the  governor's  council  for  the  fiscal  year 
ending  August  31,  1913,  and  the  governor  is  authorized  to  draw  his 
warrant  for  the  same  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

[Approved  May  21,  1913.] 


CHAPTER  264. 


JOINT  RESOLUTION  RELATING  TO  CRAWFORD  NOTCH  IN  HART's  LOCA- 
TION, AND  TO  APPROPRIATE  MONEY  IN  PAYMENT  OF  THE  DAMAGES 
ASSESSED,  BY  COMMISSIONERS  APPOINTED  BY  THE  SUPREME  COURT. 

Preamble;    appropriation  of  $110,000. 

Whereas,  an  act  was  passed  at  the  session  of  the  legislature  of  Preamble. 
1911  to  provide  for  the  acquisition  by  the  State  of  New  Hampshire 
of  the  Crawford  Notch,  either  by  purchase  or  to  take  by  right  of 
eminent  domain,  and  the  governor  and  council  acting  under  the 
authority  of  said  act,  and  by  the  right  of  eminent  domain,  did  take 
and  appropriate  the  said  Crawford  Notch,  consisting  of  about  six 
thousand  (6,000)  acres  of  land  with  the  wood  and  timber  thereon, 
by  causing  the  same  to  be  surveyed  and  located  and  said  location 
filed  with  the  secretary  of  state  on  March  5,  1912,  and 

Whereas,  the  supreme  court  agreeably  to  the  provisions  of  said 
act  appointed  a  commission  to  assess  the  damages  to  the  owner  or 
owners,  and  said  commission  having  heard  all  parties  interested, 
have  filed  their  assessment  and  award  of  damages,  and 

Whereas,  section  3,  of  said  act  of  session  of  1911,  appropriating 
money,  viz.,  $100,000  for  payment  of  the  same  has  been  declared 
invalid,  and  the  state  having  taken  said  property  and  been  in  pos- 


826  Chapter  265.  [1913 

session  of  the  same  since  said  March  5,  1912,  without  compensation 
to  the  owner  or  owners  thereof  at  said  time  of  taking :    Therefore 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  That  such  sum  of  moncy,  not  exceeding  one  hundred  and  ten 

($110,000)  thousand  dollars,  as  may  be  necessary  to  pay  the  award 
with  such  interest  as  may  be  justly  or  legally  due,  and  also  taxable 
costs,  if  any,  to  the  several  persons  owners  of  said  Crawford  Notch 
and  of  the  wood  and  timber  thereon,  at  the  time  of  said  taking  by 
the  state,  be  and  hereby  is  appropriated,  and  the  governor  is  hereby 
authorized  to  draw  his  warrant  for  the  same  out  of  any  money  in 
the  treasury  not  otherwise  appropriated. 

[Approved  May  21,  1913.] 


CHAPTER  265. 


JOINT  RESOLUTION  FOR  THE  TREATMENT  OF  PERSONS  AFFLICTED  WITH 
TUBERCULOSIS,  PARTICULARLY  IN  THE  ADVANCED  STAGES. 

Annual   appropriation    of    $15,000. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Annual  appropria-      That  for  the  treatment  of  persons  afflicted  with  tuberculosis,  par- 

tion  of  $15,000.        .       1       ,       .        ,  n  T  T       ,  ,1  , 

ticularly  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  au- 
thorized 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  treatment,  may  be  ad- 
mitted to  said  free  beds  by  the  authority  of  the  secretary  of  the 
state  board  of  charities  and  correction  in  accordance  with  the  ordi- 
nary 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  therein  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 


1913]  Chapter  266.  827 

state  board  of  charities  and  correction  so  certify  and  stipulate  the 
proportion  the  state  shall  assume  to  pay.  This  act  shall  not  be  con- 
strued 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  sana- 
torium. To  pay  the  expenses  of  engaging  said  free  beds  and  assist- 
ing persons  in  needy  circumstances  to  treatment  in  said  sanatoria, 
a  sum  not  exceeding  $15,000  for  each  of  the  years  1913-1914  and 
1914-1915  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  May  21,  1913.] 


CHAPTER  266. 


JOINT  RESOLUTION  TO  PROVIDE  FOR  A  DEFICIENCY  IN  CARRYING  OUT  THE 
PROVISIONS  OF  CHAPTER  130,  SESSION  LAWS  OF  1909,  AS  AMENDED 
BY  CHAPTER  31,  LAWS  OF  1911,  RELATING  TO  THE  BURIAL  OF  SOLDIERS 
AND  SAILORS. 

Deficiency    appropriation   of   $800. 

Resolved  hy  the  Senate  and  House  of  Bepresentatives  in  General 
Court  convened: 

That  the  sum  of  eight  hundred  (.$800)  dollars  be  and  hereby  is  Appropriation 
appropriated  for  the  year  ending  August  31,  1913,  to  provide  for  "^  ^^°°' 
a  deficiency  accruing  in  carrying  out  the  provisions  of  chapter  130, 
Laws  of  1909,  amended  by  chapter  31,  Laws  1911,  relative  to  the 
burial  of  soldiers  and  sailors,  and  the  governor  is  authorized  to 
draw  his  warrant  therefor. 

[Approved  May  21,  1913.] 


828 


Chapters  267,  268. 


[1913 


CHAPTER  267. 


Preamble. 


Bills  to  be 
audited. 


JOINT  RESOLUTION  IN  AMENDMENT  OF  A  JOINT  RESOLUTION  PREVI- 
OUSLY PASSED  AT  THIS  SESSION,  ENTITLED  :  ' '  JOINT  RESOLUTION  AP- 
PROPRIATING MONEY  FOR  THE  NEW  BUILDINGS  AT  THE  KEENE  NOR- 
MAL SCHOOL." 

Preamble;  bills   to  be   audited. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  whereas,  by  the  terms  of  the  joint  resolution  previously 
passed  at  this  session,  entitled,  "Joint  Resolution  appropriating 
Money  for  the  New  Buildings  at  the  Keene  Normal  School, ' '  it  was 
provided  that :  ' '  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,"  now,  therefore,  be  it 
resolved  that  there  be  inserted  in  the  foregoing  sentence,  after  the 
words,  "have  been  duly"  the  words,  audited  by  the  state  auditor, 
and  so  that  said  sentence  as  amended  shall  read :  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  pur- 
poses aforesaid,  after  said  bills  shall  have  been  duly  audited  by 
the  state  auditor  and  approved  by  the  governor  and  council,  to  an 
amount  not  exceeding  the  proceeds  of  said  bonds. 


[Approved  May  21,  1913. 


CHAPTER  268. 


JOINT    RESOLUTION    PROVIDING    FOR    MORE    EXTENSIVE    ADVERTISING   OF 
THE    NATURAL   RESOURCES   AND    ATTRACTIONS   OF    THE    STATE. 


Appropriation 
of    $1,200. 


Appropriation   of   $1,200. 

Resolved,  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  twelve  hundred  dollars  be  and  the  same  is 
hereby  appropriated  for  the  year  ending  August  31,  1913,  for  the 
purpose  of  publishing  and  circulating  information  in  relation  to 


1913]  Chapters  269,  270.  -        •  829 

opportunities  for  developing  the  agricultural  resources  and  natural 
attractions  of  the  state,  through  immigration  or  summer  residence, 
said  sum  to  be  expended  under  the  authority  and  direction  of  the 
governor  and  council,  and  the  governor  is  hereby  authorized  to 
draw  his  warrant  for  such  sums  not  exceeding  twelve  hundred 
dollars  as  may  be  needed  to  carry  into  effect  the  purposes  of  this 
resolution.!    This  joint  resolution  shall  take  effect  upon  its  passage. 

[Approved  May  21,  1913.] 


CHAPTER  269. 


JOINT    RESOLUTION    IN    FAVOR    OF    THE    NEW    HAMPSHIRE    SCHOOL    FOR 
FEEBLE  MINDED  CHILDREN. 

Appropriation    of    $11,700. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  a  sum  not  exceeding  eleven  thousand  seven  hundred  dollars  Appropriation 
($11,700)  be  and  hereby  is  appropriated  for  the  support  and  main-°  ^^i-'^^o- 
tenance  of  the  New  Hampshire  School  for  Feeble  Minded  Children 
for  the  year  ending  August  31,  1915.     The  governor  is  hereby  au- 
thorized to  draw  his  warrant  for  the  same  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

[Approved  May  21.  1913.] 


CHAPTER  270. 


JOINT   RESOLUTION   FOR   AID   IN    THE    RESTORATION   AND   MAINTENANCE 
OF   THE  BIRTHPLACE   OP   DANIEL   WEBSTER. 

Appropriation    of   $1,500. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  fifteen  hundred  dollars  be  and  the  same  is  hereby  Appropriation 
appropriated  for  the  purpose  of  aiding  in  the  restoration  and  main-  °^  ^i-^o"- 
tenance  of  the  birthplace  of  Daniel  Webster,  said  sum  to  be  paid  to 


830 


Chapters  271,  272. 


[1913 


the  treasurer  of  the  Webster  Birthplace  Association  and  expended 
under  the  direction  of  said  association ;  and  the  governor  is  hereby 
authorized  to  draw  his  warrant  for  said  sum  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 

[Approved  May  21,  1913.] 


CHAPTER  271. 


Appropriation 
of  $32,000. 


JOINT    RESOLUTION    IN    FAVOR    OF    THE    NEW    HAMPSHIRE    COLLEGE    OP 
AGRICULTURE  AND  THE   MECHANIC   ARTS. 

Appropriation   of   $32,000. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  thirty-two  thousand  ($32,000)  dollars  be  and  is 
hereby  appropriated  for  the  New  Hampshire  College  of  Agriculture 
and  the  Mechanic  Arts.  Said  appropriation  to  be  expended  as  fol- 
lows: One  half  of  the  same  for  the  fiscal  year  ending  August  31, 
1914,  and  one  half  for  the  year  ending  August  31,  1915.  And  the 
governor  is  hereby  authorized  to  draw  his  warrant  therefor  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

[Approved  May  21,  1913.] 


CHAPTER  272. 


Appropriations 
of    $12,000. 


JOINT  RESOLUTION  TO  PROVIDE  FACILITIES  FOR  THE  SAFETY  AND  HEALTH 
OF  THE  PARENTS  AT  THE  NEW  HAMPSHIRE  STATE  HOSPITAL. 

Appropriations    of    $12,000. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  to  provide  facilities  for  the  removal  of  hazardous  fire  risks, 
to  eliminate  unsanitary  conditions  which  lead  to  the  spread  of  dis- 
ease, and  to  provide  for  better  and  safer  care  of  the  patients  at  the 
New  Hampshire  State  Hospital,  the  sum  of  two  thousand  dollars 
($2,000)  be  and  bereby  is  appropriated  for  re-wiring  of  the  Ban- 
croft building,  barns  and  basements ;  that  the  sum  of  five  thousand 


1913]  Chapter  273.  "  831 

dollars  ($5,000)  be  appropriated  for  the  building  of  an  addition 
to  the  laundry  and  equipment  of  the  same ;  that  the  sum  of  five 
thousand  ($5,000)  dollars  be  appropriated  for  the  repair  and  sani- 
tation of  the  existing  cow  barn  and  the  purchase  of  a  herd  of  cows. 

[Approved  May  21,  1913.] 


CHAPTER  273. 


JOINT   RESOLUTION   APPROPRIATING  $15,000  FOR  THE  ERECTION   OF   AN  ^ 

ARMORY  AT  PORTSMOUTH. 

Appropriation    of    $15,000. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  fifteen  thousand  dollars,  or  as  much  thereof  as  ^J'PJ°Fi^*'°° 

'  .         of   $15,000. 

may  be  necessary  is  hereby  appropriated  for  the  purpose  of  build- 
ing and  equipping  an  armory  in  Portsmouth  for  the  use  of  the 
National  Guard  in  said  city.  Said  money  shall  be  expended  by 
the  governor  and  council  and  the  governor  is  authorized  to  draw 
his  warrant  for  the  same  out  of  any  money  in  the  treasury  not 
otherwise  appropriated.  This  joint  resolution  shall  take  effect 
after  the  City  of  Portsmouth  shall  have  deeded  to  the  state  a  site 
satisfactory  to  the  governor  and  council  and  within  six  months 
thereafter  the  governor  and  council  shall  make  contracts  for  the 
armory  and  arrange  payment  therefor.  Said  city  is  authorized  to 
appropriate  money  for  the  purchase  of  a  site  and  if  unable  to  agree 
with  the  owners  of  the  land  said  city  is  authorized  to  exercise  the 
right  of  eminent  domain. 

[Approved  May  21,  1913.] 


832 


Chapters  274,  275. 


[1913 


Appropriation 
of   $6,000. 


.     CHAPTER  274. 

JOINT  RESOLUTION  FOR  THE  REPAIR  AND  IMPROVEMENT  OF  THE  EFFING- 
HAM AND  OSSIPEE  CENTER  ROAD,  SITUATED  IN  THE  TOWN  OF  OSSIPEE. 

Appropriation    of    $6,000. 

Resolved  hy  the  Senate  and  House  of  Representatives  in,  General 
Court  convened: 

That  the  sum  of  six  thousand  dollars  is  hereby  appropriated  on 
condition  that  the  sum  of  three  thousand  dollars  shall  be  added  by 
the  towns  interested,  or  by  local  parties,  acting  jointly  or  severally, 
for  the  repair  and  improvement  of  the  Effingham  and  Ossipee  Cen- 
ter road  in  the  town  of  Ossipee,  beginning  at  the  town  line  between 
the  towns  of  Effingham  and  Ossipee,  and  extending  southwesterly 
to  the  state  highway  near  Ossipee  Center,  a  distance  of  about  three 
and  one  half  miles.  The  said  sum  of  six  thousand  dollars  appro- 
priated by  the  state  and  the  said  three  thousand  dollars  contributed 
by  towns  and  individuals  shall  be  expended  under  the  direction  of 
the  governor  and  council  and  the  said  six  thousand  dollars  shall  be 
a  charge  upon  the  appropriation  for  the  permanent  improvement 
of  highways  made  by  section  10,  chapter  35,  Laws  of  1905,  and  this 
act  shall  take  effect  upon  its  passage. 

[Approved  May  21,  1913.] 


CHAPTER  275. 


Appropriation 
of    $5,000. 


JOINT  RESOLUTION  FOR  THE  REPAIR  AND  IMPROVEMENT  OF  ROAD  LEAD- 
ING FROM  LANCASTER  LINE  THROUGH  JEFFERSON  TO  RANDOLPH. 

Appropriation   of   $5,000. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  five  thousand  dollars  is  hereby  appropriated  on 
condition  that  the  sum  of  ten  thousand  dollars  shall  be  added  by  the 
town  of  Jefferson  and  or  by  local  parties  acting  jointly  or  severally 
for  the  repair  and  improvement  of  the  road  leading  from  Lancaster 
town  line  through  town  of  Jefferson  over  Jefferson  hill  and  Jeffer- 
son highlands  to  Randolph  town  line.  That  the  said  sum  of  five 
thousand  dollars  appropriated  by  the  state  and  the  said  ten  thou- 


1913]  Chapter  276.  883 

sand  dollars  contributed  by  towns  and  individuals  shall  be  expended 
under  the  direction  of  the  governor  and  council  and  the  said  five 
thousand  dollars  shall  be  a  charge  upon  the  appropriation  for  the 
permanent  improvement  of  highways  made  by  section  10,  chapter 
35,  Laws  of  1905,  and  this  joint  resolution  shall  take  effect  upon 
its  passage. 

[Approved  May  21,  1913.] 


CHAPTER  276. 

JOINT  RESOLUTION  APPROPRIATING  MONEY  FOR  LIGHTS  AT  THE  OUTLET 
OP  LAKE  WINNIPISSIOGEE. 

Annual  appropriation   of  $66 ;   public  service  commission  may  order  lights  in  certain 
cases;    penalty  for  violations. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  a  sum  of  money  not  exceeding  sixty-six  dollars  for  each  of  Annual  appropria- 
the  years  1913  and  1914  is  hereby  appropriated  for  the  purpose  of  hc  service  commis- 
placing  and  maintaining  lights  for  lighting  the  channel  under  or  "ghts™hf  Znam 
near  the  railroad  bridge  across  the  Winnipissiogee  river,  at  Lake- ''^^^'^  ■  penalty. 
port,  in  Laconia,  the  same  to  be  expended  by  an  agent  appointed  by 
the  governor  and  council,  said  agent  to  have  power  to  make  a  con- 
tract for  said  lighting  at  a  sum  not  exceeding  said  amount;  pro- 
vided, however,  that  this  appropriation  shall  not  be  used  or  ex- 
pended if  the  railroad  corporation  owning  or  maintaining  said 
railroad  bridge  will,,  at  its  own  expense,  during  the  time  above 
named,  suitably  and  properly  light  the  channel  under  said  bridge. 
The  public  service  commission  shall  have  jurisdiction,  upon  its  own 
action  or  upon  petition,  after  hearing,  to  order  the  person  or  cor- 
poration maintaining  any  bridge  or  other  structure  across  any 
stream  navigable  by  powerboats  of  any  kind  to  maintain  lights 
under  the  same,  at  such  times  and  in  such  manner  as  said  com- 
mission may  prescribe,  or  to  adopt  such  other  measures  or  safe- 
guards as  it  may  find  to  be  reasonable  and  necessary  for  the  pro- 
tection of  persons  entitled  to  navigate  said  stream.  Any  person  or 
corporation  failing  to  comply  with  any  order  of  said  commission 
made  under  the  authority  hereof  shall  be  fined  not  exceeding  $10 
for  each  day  of  such  failure  after  notice  shall  have  been  served 
on  such  persons  or  corporation. 

[Approved  May  21,  1913.] 


834  Chapters  277,  278.  [1913 

CHAPTER  277. 

JOINT   RESOLUTION  FOR   THE  PUBLICATION   OF   THE   BULLETIN   OF   NEW 
HAMPSHIRE   PUBLIC   LIBRARIES. 

Annual  appropriation  of  $250. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

t^rtt  ^IT"'""  That  the  sums  of  two  hundred  and  fifty  dollars  for  the  year 
1913-14  and  two  hundred  and  fifty  dollars  for  the  year  1914-15  are 
hereby  appropriated  from  any  money  in  the  treasury  not  otherwise 
appropriated,  for  the  continuation  of  the  publication,  quarterly,  of 
the  bulletin  of  New  Hampshire  public  libraries,  authorized  by  Laws 
of  1895,  chapter  118,  section  9. 

[Approved  May  21,  1913.] 


CHAPTER  278. 


JOINT  RESOLUTION  TO  PROVIDE  FOR  THE  EXPENSES  OF  THE  PUBLIC 
SERVICE  COMMISSION  IN  ADJUSTING  THE  MAXIMUM  RATES  FOR  FARES 
AND  FREIGHTS  ON  STEAM   RAILROADS. 

Necessary    expenditure     authorized. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Necessary  expend-     That  the  public  scrvicc  commission,  for  the  purpose  of  preparing 

iture   authorized.  •  ^      :\     ^         p         p  -i    o      •    t  i  .  •-,  -, 

maximum  schedules  tor  tares  and  freights  on  steam  railroads,  as 
provided  in  an  act  entitled  "An  Act  to  provide  a  Method  for  ad- 
justing the  Maximum  Rates  for  Fares  and  Freights  on  Steam  Rail- 
roads," may  expend,  with  the  approval  of  the  governor  and  council, 
such  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  said  act ;  and 
said  commission  shall  keep  an  accurate  account  of  all  such  expend- 
itures in  order  that  the  state  may  receive  reimbursement  in  respect 
thereof  from  the  railroad  or  railroads  at  whose  request  such  maxi- 
mum schedules  shall  be  prepared. 

[Approved  May  21,  1913.] 


1913]  Chapters  279,  280.  835 

CHAPTER  279. 

JOINT  RESOLUTION  TO  PROVIDE  FOR  THE  PAYMENT  OF  JUSTICES  OF  THE 
SUPREME  AND  SUPERIOR  COURTS,  FOR  THE  FISCAL  YEAR  ENDING 
AUGUST  31,  1913. 

Appropriation    of    $1,300. 

Resolved  h\j  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  $1,300  is  hereby  appropriated  for  the  fiscal  year  Appropriation 
ending  August  31,  1913,  for  the  payment  of  salaries  of  justices  of  °  ^^>^°°- 
the  supreme  and  superior  courts,  as  provided  by  house  bill  No.  14 
enacted  by  this  legislature.    This  joint  resolution  to  take  effect  upon 
its  passage. 

[Approved  May  21,  1913.] 


CHAPTER  280. 


JOINT    RESOLUTION    IN    FAVOR    OF    RAYMOND    B.    STEVENS,    OF    LANDAFF, 
AND   THE  ESTATE  OF   GEORGE   D.    WALDRON,   OF   CONCORD. 

Allowance  of   $200    in    each   case. 

Resolved  hi/  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  Raymond  B.  Stevens,  of  Landaff.  be  allowed  the  sum  of  two  Allowance  of  $200 
hundred  dollars  ($200)  ;  and  that  the  estate  of  George  D.  Waldron, 
of  Concord,  be  allowed  the  sum  of  two  hundred  dollars   ($200). 
The  governor  is  hereby  authorized  to  draw  his  warrant  for  said 
sums  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

[Approved  May  21.  1913.] 


836  Chapters  281,  282.  [1913 

CHAPTER  281. 

JOINT   RESOLUTION   IN  FAVOR  OF   CLIFFORD  L.    SNOW,   OF   MANCHESTER. 

Allowance    or  $150.35. 

Resolved  hy  the  Senate  a7\d  House  of  Representatives  in  General 
Court  convened: 

Allowance  of  That  the  sum  of  $150.35  be  allowed  Clifford  L.  Snow,  of  Man- 

$150  35 

Chester.  The  governor  is  hereby  authorized  to  draw  his  warrant 
for  said  sum  out  of  any  money  in  the  treasury  not  otherwise  ap- 
propriated. 

[Approved  May  21,  1913.] 


CHAPTER  282. 


JOINT  RESOLUTION  IN  FAVOR  OF  GEORGE  G.  TOLFORD  AND  OTHERS. 

Aggregate    allowances   of   $61.82. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Aggregate  allow-  That  the  sum  of  $22.50  be  allowed  George  G.  Tolford ;  that  the 
ances  of  $61.82.  ^^^^^  ^^  ^^Q.SG  be  allowed  Daniel  Chesley ;  that  the  sum  of  $18.76  be 
allowed  Henry  A.  Emerson,  for  defending  their  rights  to, seats  in 
the  senate,  and  that  the  governor-be  authorized  to  draw  his  warrant 
for  said  amount  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

[Approved  May  21,  1913.] 


1913]  Chapters  283,  'J84.  .       ,         837 

CHAPTER  283. 

JOINT  RESOLUTION  MAKING  APPROPRIATIONS  FOR  TPIE  EXPENSES  OF  THE 
PUBLIC  SERVICE  COMMISSION  FOR  THE  YEARS  ENDING  AUGUST  31, 
1914,  AND  AUGUST  31,  1915. 

Additional    annual    appropriation  of  $10,500. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  there  are  hereby  appropriated,  to  be  paid  out  of  the  Additional  annual 
treasury  of  the  state,  for  the  expenses  of  the  public  service  com-  $io|5oo!* 
mission  for  each  of  the  two  fiscal  years  ending  on  the  thirty-first 
day  of  August,  nineteen  hundred  and  fourteen,  and  the  thirty-first 
day  of  August,  nineteen  hundred  and  fifteen,  respectively,  the  fol- 
lowing sums  in  addition  to  the  sums  heretofore  appropriated :  for 
experts,  clerks,  and  assistants,  seven  thousand  five  hundred  dol- 
lars ;  for  incidentals,  including  printing,  two  thousand  dollars ;  for 
salaries  of  commissioners,  one  thousand  dollars. 

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

[Approved  May  21,  1913.] 


CHAPTER  284. 


JOINT   RESOLUTION   IN   FAVOR  OF   THE   JOHN  B.    CLARKE   COMPANY   AND 

OTHERS. 

Aggregate    allowances    of    $3,240.91. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  John  B.  Clarke  Company  be  allo^ved  the  sum  of  $533.36 ;  Aggregate  allow- 

.  ances    of 

that  the  Manchester  Union  Company  be  allowed  the  sum  of  $992.74 ;  $3,240.91. 
that  the  Concord  Monitor  and  Statesman  Company  be  allow^ed  the 
sum  of  $824.80;  that  the  Manchester  Leader  be  allowed  the  sum 
of  $222.64 ;  that  the  Concord  Patriot  be  allowed  the  sum  of  $650.40 ; 
that  the  Cheshire  Republican  be  allow^ed  the  sum  of  $2.82;  that  the 
Portsmouth  Times  be  allowed  the  sum  of  $5.64 ;  that  the  Portsmouth 
Herald  be  allowed  the  sum  of  $2.87 ;  that  the  Portsmouth  Chronicle 
be  allowed  the  sum  of  $5.64. 

[Approved  May  21,  1913.] 


838  Chapter  285.  [1913 

CHAPTER  285. 

JOINT  RESOLUTION  IN  FAVOR  OP  JOHN  T.  SMITH  AND  OTHERS. 

Allowances   to    sundry   persons. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Allowances  to  sun-      That  Johu  T.  Smith  of  Mason  be  allowed  the  sum  of  $21.40 ;  that 

drv  t)6i*soiis  —  ** 

Scott  S.  Patten  of  Alexandria  be  allowed  the  sum  of  $27.06 ;  that 
Fred  Jones  of  Lebanon  be  allowed  the  sum  of  $22.35 ;  that  George 
E.  Gile  of  Lebanon  be  allowed  the  sum  of  $22.35 ;  that  Thomas  P. 
Waterman  of  Lebanon  be  allowed  the  sum  of  $22.35 ;  that  Reuben 
C.  True  of  Lebanon  be  allowed  the  sum  of  $22.35 ;  that  Henry  W. 
Kidder  of  Springfield  be  allowed  the  sum  of  $23 ;  that  Charles  H. 
Raymond  of  Mont  Vernon  be  allowed  the  sum  of  $31.60;  that 
Robert  J.  Hayes  of  Manchester  be  allowed  the  sum  of  $24.72 ;  that 
George  W.  Lake  of  Chichester  be  allowed  the  sum  of  $19.40 ;  that 
Samuel  Head  of  Hooksett  be  allowed  the  sum  of  $22.75 ;  that  John 
A.  Blackwood  of  Concord  be  allowed  the  sum  of  $25 ;  that  Burt  L. 
Button  of  Merrimack  be  allowed  the  sum  of  $28.98 ;  that  Charles  A. 
Perkins  of  Nottingham  be  allowed  the  sum  of  $15 ;  that  Frank  A. 
Mace  of  Kensington  be  allowed  the  sum  of  $22.75 ;  that  Lyman  A. 
Jackson  of  Stark  be  allowed  the  sum  of  $40 ;  that  Frank  0.  Brad- 
bury of  Effingham  be  allowed  the  sum  of  $57.05 ;  that  John  J. 
Collins  of  Manchester  be  allowed  the  sum  of  $57 ;  that  George  S. 
Rowe  of  Newton  be  alloM^ed  the  sum  of  $40.80;  that  Edgar  C. 
Hoague  of  Deerfield  be  allowed  the  sum  of  $20.40 ;  that  Charles  E. 
Morrison  of  Laconia  be  allowed  the  sum  of  $14.16;  that  William 
G.  McCarthy  of  Manchester  be  allowed  the  sum  of  $15 ;  that  J.  W. 
S.  Joyal  of  Manchester  be  allowed  the  sum  of  $87.63 ;  for  expenses 
incurred  in  maintaining  their  right  to  seats  in  this  house  and  senate, 
and  that  the  governor  be  and  is  hereby  authorized  to  draw  his 
warrant  for  said  sums  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

[Approved  May  21,  1913.] 


1913]  Chapter  286.  839 

CHAPTER  286. 

JOINT  RESOLUTION  IN  FAVOR  OF  ALBERT  P.  DAVIS  AND  OTHERS. 
Sundry    allowances    for    services,  expenses,  and  supplies. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  Albert  P.  Davis,  sergeant-at-arms,  be  allowed  the  sum  of  Sundry  allowances 

'  '^  '  lor     services,     ex- 

$564 ;  that  James  W.  Priclham,  sergeant-at-arms,  be  allowed  the  penses  and  sup- 
sum  of  $564 ;  that  Charles  M.  Stanley,  messenger,  James  A.  Lough- 
lin,  assistant  messenger,  William  D.  Ingalls,  doorkeeper,  Rev.  A. 
Francis  Walch,  chaplain,  Llewellyn  E.  Martin,  Luther  J.  Holt, 
Henry  0.  Jackson  and  Michael  O'Malley,  doorkeepers,  be  allowed 
the  sum  of  $493.50,  each ;  that  Roy  M.  Burbank,  custodian  of  mail, 
be  allowed  the  sum  of  $444;  that  William  E.  Dow,  warden,  and 
George  U.  Bresnahan,  assistant  warden,  be  allowed  the  sum  of  .$444, 
each ;  that  M.  J.  Dimond,  library  messenger,  be  allowed  the  sum  of 
$493.50 ;  that  Dennis  Sullivan,  Philip  Batchelder,  Harold  W.  Con- 
len,  Donald  S.  Walton,  Paul  K.  Wilson,  pages,  be  allowed  the  sum 
of  $254  each :  that  Charles  W.  Prentiss,  the  speaker's  page,  $317.50 ; 
that  Ray  E.  Burkett,  Lizzie  H.  Sanborn,  Rose  M.  Buzzell,  Nellie  A. 
Courtney,  and  Emma  C.  Clapp,  stenographers,  be  allowed  the  sum 
of  $564,  each;  that  James  H.  Dodge,  telephone  messenger,  be  al- 
lowed the  sum  of  .$493.50. 

That  Harrie  M.  Young,  clerk  of  the  house,  and  Henri  Burque. 
clerk  of  the  senate,  be  allowed  the  sum  of  $200  each ;  and  Bernard 
W.  Carey,  assistant  clerk  of  the  house,  and  George  P.  Healey,  assist- 
ant clerk  of  the  senate,  be  allowed  the  sum  of  $100  each ;  said  sums 
in  consideration  of  the  extra  work  by  reason  of  the  long  session. 

That  George  S.  Forrest  be  allowed  the  sum  of  $10 ;  that  William 
M.  Chase,  James  W.  Remick  and  Sherman  E.  Burroughs  be  allowed 
(including  cash  paid  out  for  sheriffs'  fees,)  the  sum  of  $336.20, 
Viz.  ($300,  for  services,  and  fees,  $36.20,)  that  Solon  A.  Carter 
be  allowed  the  sum  of  $133 ;  that  J.  M.  Stewart  &  Sons  Company 
be  allowed  the  sum  of  $194.57 ;  that  Edson  C.  Eastman  be  allowed 
the  sum  of  $140.93 :  that  Ferdinand  Farley  be  allowed  the  sum 
of  $11.38;  that  the  strike  investigating  committee  be  allowed  the 
sum  of  $23.65;  that  Rumford  Printing  Company  be  allowed  the 
sum  of  $12.95 ;  that  George  E.  Carter  be  allowed  the  sum  of  $65.19, 
for  supplies ;  that  Brown  &  Saltmarsh  be  allowed  the  sum  of  $83.45 
for  supplies ;  that  the  Remington  Typewriter  Company  be  allowed 
the  sum  of  $12;  that  the  Estate  of  Charles  H.  Barrett  and  Charles 
V.  Kimball  be  allowed  the  sum  of  $38.40;  that  Cliarles  E.  Shepard 
be  allowed  the  sum  of  $10  for  use  of  teams :  that  William  J.  Ahern 


840  Chapteb  286.  [1913 

be  allowed  the  sum  of  $3.75,  for  expenses;  that  S.  D.  Harrington 
be  allowed  the  sum  of  $24,  for  gavel ;  that  Mount  Madison  House 
be  allowed  the  sum  of  $65.75 ;  that  Thomas  McHugh  be  allowed  the 
sum  of  $4.50 ;  Ideal  Stamp  Company  be  allowed  the  sum  of  $3  ;  that 
W.  P.  Goodman  be  allowed  the  sum  of  $32.42;  that  William  M. 
Haggett  be  allowed  the  sum  of  $191.82;  that  Ray  E.  Burkett  be 
I  allowed  the  sum  of  $115.30;  that  Lizzie  H.  Sanborn  be  allowed  the 

sum  of  $83;  that  Remick  &  Hollis  be  allowed  the  sum  of  $1,000; 
that  A.  H.  Britton  &  Co.  be  allowed  the  sum  of  $69.91 ;  that  Rum- 
ford  Printing  Co.  be  allowed  $0.50 ;  that  J.  E.  Gage  be  allowed  the 
sum  of  $2.25 ;  that  N.  C.  Nelson  &  Co.  be  allowed  the  sum  of  $7.25 ; 
that  Ford  &  Kimball  be  allowed  the  sum  of  $12.94 ;  that  Thompson 
&  Hoague  be  allowed  $1.25;  that  Concord  Hardware  Company  be 
allowed  the  sum  of  $6.11 ;  that  Joseph  Kenney  be  allowed  the  sum 
of  $50;  Underwood  Typewriter  Company,  be  allowed  the  sum  of 
$24.50 ;  that  the  Underwood  Typewriter  Company  be  allowed  the 
sum  of  $1 ;  that  Emma  Caswell  Clapp  be  allowed  the  sum  of  $19 ; 
that  John  S.  Carpenter  be  allowed  the  sum  of  $6.30 ;  that  Concord 
Hardware  Company  be  allowed  the  sum  of  $3.89 ;  that  Concord 
Electric  Company  be  allowed  the  sum  of  $7.92;  that  Smith's  Book- 
store be  allowed  the  sum  of  $87.46;  that  Hill  Hardware  &  Paint 
Company  be  allowed  the  sum  of  $8.75;  that  The  Gift  Shop  be  al- 
lowed the  sum  of  $38.70 ;  that  Wm.  M.  Haggett  be  allowed  the  sum 
of  $9 ;  that  Concord  Hardware  Company  be  allowed  the  sum  of 
$0.15 ;  that  A.  U.  Burque  &  Company  be  allowed  the  sum  of  $10.50 ; 
that  George  E.  Carter  be  allowed  the  sum  of  $157.46;  that  J.  M. 
Stewart  &  Sons  Company  be  allowed  the  sum  of  $306.73 ;  that  The 
Office  Toilet  Supply  Company  be  allowed  the  sum  of  $50.50;  that 
J.  E.  Gage  be  allowed  the  sum  of  $10.30 ;  that  C.  H.  Swain  &  Co. 
be  allowed  the  sum  of  $97.13 ;  that  T.  H.  Madigan,  Jr..  be  allowed 
the  sum  of  $181.56 ;  that  Edson  C.  Eastman  be  allowed  the  sum 
of  $114.75 ;  and  that  J.  E.  Gage  be  allowed  the  sum  of  $1. 

[Approved  May  21,  1913.] 


1913]  Chapter  287.  841 

CHAPTER  287. 

NAMES  CHANGED, 

From  January,  1911,  to  January,  1913,  the  registers  of  probate  By  probate  courts, 
returned  to  the  secretary  of  state  the  following  changes  of  names 
by  the  probate  court: 

Rockingham  county — Evelyn  Hanscom  to  Evelyn  Carleton ;  Ed-  Rockingham. 
mund  T.  Currier  to  Edmund  Currier  True ;  Agnes  M.  Goodrich 
to  Agnes  M.  Burleigh ;  Bertfand  Wilson  to  Bertrand  Thompson 
Palmer;  Addie  D.  Davis  to  Addie  D.  Giles;  Martha  K.  Pettus  to 
Martha  K.  Straughn ;  Florence  A.  Peirce  to  Florence  A.  Belding ; 
"William  A.  Leavitt  to  Harry  Lovell  Aldrich ;  Paul  A.  Moses  to 
Paul  Alva  Wood ;  Dora  W.  Moses  to  Dora  Wood ;  Frances  Hamil- 
ton Goodwin  to  Frances  Hamilton  Pelkey ;  Julia  Aurelia  Poirier 
to  Julia  Aurelia  Clouette;  Antoinette  Desfosses  to  Antoinette 
Morey ;  Mary  R.  Gaguin  to  Marion  Frances  Lake ;  Arthur  Frank 
Mitchell  to  Arthur  Frank  Young ;  William  J.  Lucier  to  William  J. 
Langley ;  Priscilla  Johnson  to  Priscilla  Newcomb ;  William  Arthur 
Enright  to  Clarence  Howard  Pratt ;  Jennie  May  Duguay  to  Jennie 
May  Burke ;  Edith  B.  McDuffee  to  Edith  Hortense  Brown ;  Eliza- 
beth Murphy  to  Elizabeth  Swain. 

Strafford  county — Margaret  M.  Bogie  to  Margaret  M.  Varney ;  straflford. 
Dorothy  Margarett  Welchman  to  Flossie  Dorothy  Colbath ;  Edith 
A.  Ball  to  Edith  A.  Ball  Sampson ;  Florence  M.  Home  to  Florence 
M.  Wilson ;  Leslie  Fred  Snow  to  Leslie  Whitmore  Snow ;  Dory  May 
Parker  to  Dorothir  May  Strettmatter ;  Joseph  Young  to  Joseph 
Benox  Thererge;  Catherine  Frances  Ring  to  Catherine  Frances 
Roark ;  Mary  Estis  Keneston  to  Mary  Estis  Peaslee ;  Annie  B. 
Emery  to  Annie  B.  Butler  (adpt.)  ;  William  Haberkorn  to  William 
Haley ;  Leona  Rosie  Valley  to  Leonie  Rosie  Page. 

Belknap  county — John  Nelson  to  Milan  James  Smith  (adpt.)  ;Beikiiap. 
Lucinda  A.  Peaslee  to  Lucinda  A.  Patten  (adpt.)  ;  Jennie  C.  Ellis 
to  Jennie  C.  Otis;  Alice  H.  Fone  to  Alice  H.  Merrill;  Alberta 
Merritz  to  Ruth  Alberta  Hawkes  (adpt.)  ;  Sadie  M.  Hayes  to 
Sadie  Marie  Knight ;  Bernice  Ida  Sanborn  to  Bernice  Ida  Page ; 
Edward  C.  Mulligan  to  Edward  C.  Garland ;  Evelyn  B.  Goeher  to 
Dorothy  Louise  Plummer  (adpt.)  ;  Earleen  Brown  Dorr  to  Earleen 
Brown ;  Thomas  Henry  Turner  to  Henry  Thomas  Turner ;  Elmer 
B.  Grover  to  Elmer  Grover  Ackerman  (adpt.). 

Carroll  county- — Susie  R.  Lord  to  Susie  R.  Corson ;  Josephine  carroii. 
N.  Fogg  to  Josephine  N.  Raymond ;  Susan  E).  Tucker  to  Sarah  E. 
Stevens ;  Edward   Edwards  Leslie  to  Edward   Chesley ;  Lloyd   S. 
Garland  to  Lloyd  Sprague  Hammond ;  Minnie  E.  Wiggin  to  Minnie 
E.  Beal ;  Gertrude  M.  Welch  to  Gertrude  M.  Eldredge ;  Hannah  M. 


842 


Chapter  287. 


[1913 


Evans  to  Hannah  M.  Marston;  Fred  W.  Cheney  to  Fred  W. 
Taylor ;  Winnifred  C.  Fitts  to  Winnifred  C.  Cole ;  Phebe  M.  Floyd 
to  Phebe  M.  Gendro;  Fred  Roland  Greenlaw  to  Fred  Roland 
Matthews. 

Merrimack.  Merrimack  county — Clarissa  Adams  Sawyer  to  Orrine  Gavuet 

Sawyer;  Laura  Wheeler  to  Laura  Wheeler  Moody;  Helen  Howe 
to  Helen  Howe  Davis;  Margaret  Evelyn  Soniers  to  Rebecca  Dean 
Chamberlin ;  Lawrence  E.  Bailey  to  Austin  Douglas  Heath ;  Char- 
lena  Knight  to  Beatrice  C.  K.  Blackwood ;  Margaret  Kilroy  to 
Margaret  Rose  Roberts;  Evelyn  Noyes  to  Evelyn  Young;  Howard 
Ellis  Stone  to  Howard  Ellis  Nelson ;  Phyllis  Hope  Crossett  to 
Hazel  Thelma  Love;  George  Ellsworth  Webber  to  George  Graver 
Ellsworth  Rowell ;  Evelyn  L.  Cushman  to  Evelyn  Cushman  Howe ; 
Elsie  Metz  to  Precilla  Celeste  Blackwood ;  Benjamin  F.  Bachant 
to  Benjamin  Franklin  Gonye ;  Ina  Dickinson  to  Ina  M.  Adams ; 
Sophia  W.  Connolly  to  Sophia  Anderson  Watson ;  Katie  L.  Hurd 
to  Katherine  Lillian  Hurd ;  Lizzie  Harvey  to  Elizabeth  Kimball 
Harvey ;  Louise  F.  Gienty  to  Louise  Foster  Ingalls ;  George  Dewy 
Pearl  to  Abner  Sewall  Pearl. 

Hillsborough-.  ,  Hillsborough    couuty — Christina    Pierce    Higgin    to    Christina 

Pierce;  Elenora  Carpenter  to  Elenora  Blood  Carpenter;  Edith  C. 
Dunbar  to  Edith  C.  Little;  Ella  E.  Brady  to  Ella  E.  Clegg;  Mary 
Bancroft  to  Mary  Nichols ;  Bertha  L.  Erskine  to  Bertha  L.  Good- 
win ;  Mary  A.  Miner  alias  Ann  Miner  to  Mary  A.  Hill ;  Albert 
T.  Norris  to  Albert  T.  Roberge ;  Alice  Maude  Burns  to  Alice  Maude 
Taggart ;  Elise  Spony  to  Elise  Ringenwald ;  Elwin  Smith  Under- 
bill to  Jenness  Smith  Underbill ;  Edith  May  Kinnear  to  Edith  May 
Clegg";  Florence  Nichols  to  Florence  Weymouth ;  Abraham  Bar- 
nett  to  Alfred  Barnett ;  Valeria  Margaret  Rand  to  Valeria  Mar- 
garet Carey;  Mae  E.  Smith  to  Mae  E.  Blackmar;  Donald  Lee 
Parker  to  Donald  Lee  Barnard ;  Dalphis  Henry  Auclair  to 
Adolphus  Paradis ;  Willie  B.  Graham  to  William  B.  Graham ;  May 
Alice  Smith  to  May  Alice  Daigneault ;  Isabella  Rosaline  Kay  Sutton 
to  Isabella  Rosaline  Kay;  Anabel  T.  Wilkins  to  Anabel  Wilkins 
Osborne;  Margaret  M.  Buckley  to  Eva  Roy;  Margaret  Silva  to 
Agnes  Marquis;  Marie  Claire  Antonine  Riley  to  Marie  Claire  An- 
tonine  Menard ;  Richard  Stuart  Carr  to  Richard  Stuart  Murphy ; 
Benjamin  Hoyt  to  Benjamin  Heald ;  Frieda  Koehler  to  Frieda 
Ploss ;  Eveline  Marchand  to  Eveline  Peltier ;  Harry  R.  Kingsbury 
to  Harry  R.  Field ;  George  Goulet  to  Arvine  Ernest  Pike ;  Ruth 
Speare  to  Ruth  Speare  Trefethen;  Flora  Weightman  to  Flora 
Esther  Wentworth ;  Pearl  Newman  to  Maud  Robinson;  Harry 
Carter  to  Gordon  Leroy  Abbott;  Elizabeth  O'Brien  to  Elizabeth 
Nolan;  Pearl  Johnson  to  Pearl  May  Jarvis ;  Alta  Mary  Foster  to 
Alta  Mary  McClarty  ;  Pauline  B.  Meurnier  to  Pauline  Helen  Smith  ; 


1913]  Chapter  287.  843 

Willie  Houde  to  Willie  Gagne ;  Ernest  James  Humphrey  to  Ernest 
James  Legendre ;  Pauline  Sullivan  to  Pauline  Gladys  Gove ;  Ellen 
Catherine  Hartshorn  to  Ellen  Catherine  Conway ;  Mary  Ann 
Teresa  Prince  to  Helen  Maria  Bressette ;  Margarethe  Held  to  Mar- 
garethe  Handschumacher ;  Howard  D.  Ashford  to  Howard  Ashford 
Felch ;  Lilla  Pauline  Staunton  to  Lilla  Pauline  Downie ;  Kuth  Gam- 
mon to  Ruth  Gammon  Brown ;  Carlotta  Katrina  Sasseville  to  Car- 
lotta  Katrina  Wuestenhain. 

Cheshire  county — Jennie  Leora  Jolly  to  Nellie  Leora ;  Clara  Cheshire. 
Mabel  Watkins  to  Clara  Mabel  Carpenter;  Lula  Estella  Buckwold 
to  Lula  Estella  Farrar ;  Mary  Julia  Britton  to  Mary  Julia  Hug- 
gins  ;  Eva  E.  Bardwell  to  Eva  Frances  Barrows ;  Gordon  C.  Foster 
to  Gordon  Henry  Williams ;  Arthur  Bicknell  to  Alexander  Hamil- 
ton Frost ;  Joseph  Henry  Mayott  to  Joseph  Herbert  Smith ;  Eva 
Bernice  Wilson  to  Eva  Bernice  Richardson;  Lottie  M.  Howe  to 
Lottie  M.  Hastings ;  Lyra  G.  Partridge  Harvey  to  Lyra  G.  Part- 
ridge ;  Anna  Maria  Corey  to  Anna  Maria  Cole ;  Harriet  May  Laddy 
to  Harriet  May  Mumblo ;  Abraham  Reuben  Simkovetz  to  Abraham 
Reuben  Quint ;  Frank  H.  Nourse  to  Frank  H.  Mosher ;  Mar jorie 
Sarah  Reed  to  Marjorie  Willard  Reed ;  Wilfred  Louis  Depres  to 
Wilfred  Louis  Morin ;  Mabel  Eunice  Hodgkins  to  Mabel  Eunice 
Stearns ;  Marion  Eva  Hodgkins  to  Sylvia  Anna  Dickerman ;  Ade- 
line Mixer  to  Hazel  Elizabeth  Emery ;  Florence  Mabel  Scott  to 
Florence  Willard  Scott. 

Sullivan  county — Grace  J.  MeCasco  to  Grace  J.  Judkins ;  Clifford  SuiHvan. 
Nelson  Short  to  Clifford  Clarence  Short ;  Katie  I.  Wilcox  to  Katie 

I.  Morrison ; Heath  to  Leon  Benjamin  Thompson ;  Eva 

Alice  Baker  to  Eva  Alice  Maxwell ;  Delia  Evelyn  Green  to  Barbara 

Eileen  Eastman ;  Abel  to  Helen  Leona  Trudell ;  Mary 

J.  Dyer  to  Mary  J.  George ;  Margaret  Christena  Fisher  to  Margaret 
Christena  Bolio. 

Grafton  county — Paul  Burns  to  Paul  Burns  Atwood ;  Leon  A.  Grafton. 
Batchelder  to  Arthur  R.  Morrill ;  Raymond  N.  Braley  to  Raymond 
N.  Shepard ;  John  Burton  to  Clinton  Garland;  Eugene  E.  Eraser 
to  Eugene  E.  Lagasse;  Flora  M.  Gove  to  Flora  M.  Cass;  Philip 
0.  Gray  to  Charles  S.  Milligan ;  Elida  B.  Hilliard  to  Elida  B. 
Sleeper ;  Olive  J.  Huntoon  to  Isabel  Olive  Judith  Ames ;  Royce 
H.  Hall  to  Royce  H.  Hutchins;  Lalma  Hill  to  Lalma  Tutikka; 
Maryanna  Jenkins  to  Vivian  M.  Chamberlin ;  Blanche  C.  Kelley 
to  Carolyne  B.  Heath ;  Richard  Ward  King  to  Donald  Ward  King ; 
Bulah  Josephine  King  to  Dulcie  Vera  King;  Walter  A.  Norman 
to  William  Scott  Strand  Bartlett ;  Robina  R.  Pillsbury  to  Rachel 
R.  Higgins ;  Ethel  L.  Pinney  to  Emily  R.  Pulsifer ;  Henry  W. 
Riddle  to  Harry  W.  Riddle;  Frederic  Ruthford  to  Frederic  E. 
Gerrish ;  Ronald  Robie  to  Ronald  Robie  Sloane ;  Vimera  E.  Simpson 

25 


844 


Chapter  287. 


[1913 


Coos. 


to  Vimera  E.  Woodward ;  Gwendolyn  Marguerite  Stanley  to  Gwen- 
dolyn Marguerite  McMeekin;  Emma  Marie  Simpson  to  Emma 
Marie  Clough ;  Bert  Herbert  Simpson  to  Bert  Herbert  Clougli ; 
Lewis  Stanley  Simpson  to  Lewis  Rupert  Jackson ;  Mabel  L.  Tucker 
to  Mabel  Tucker  Tragansa ;  Margaret  M.  E.  Vigenault  to  Margaret 
May  Dickson;  Minnie  E.  Woods  to  Minnie  E.  Cutting;  Thelma 
A.  Webster  to  Marjorie  A.  Land ;  Norman  Paul  Young  to  Norman 
Paul  Brock. 

Coos  county — Jessie  Potter  to  Jessie  Lang;  Emma  B.  Sears  to 
Emma  B.  Holland ;  Kedali  G.  Daley  to  Kedah  G.  Evans ;  Abbie 
Peabody  to  Abbie  Cook ;  Evelyn  Alberta  Russell  to  Evelyn  Alberta 
Willey;  Harry  Stiles  to  Harold  Stiles  White;  Alice  Evangeline 
Muzerolle  to  Alice  Evangeline  Dionne ;  Agnes  Gertrude  Currie  to 
Agnes  Gertrude  Buzzell ;  Helen  Sadie  Hayes  to  Helen  Sadie  Bridg- 
man ;  Barbara  Brown  to  Barbara  Hicks ;  Lewis  Edmond  Bearor  to 
Gerald  Earl  Marshall;  Ethel  May  Turcotte  to  Evelyn  Ethel  Buf- 
fington;  "Infant"  Fuller  to  Meredith  Edna  Sisco;  Dorris  M. 
Brown  to  Dorcas  May  Gould ;  Ralph  Marsh  to  Ralph  Woodman 
Howland ;  Elizabeth  Perkins  to  Elizabeth  Perkins  Plaisted. 


By  superior  court.  From  January,  1911,  to  January,  1913,  the  registers  of  probate 
returned  to  the  secretary  of  state  the  following  changes  of  names 
by  the  superior  court  in  divorce  proceedings : 

Rockingham.  Rockiugham  couuty — Mabel  B.  Allen  to  Mabel  B.  Lamson ;  Ellen 

M.  Jones  to  Ellen  M.  Roberts ;  Grace  S.  Trefethen  to  Grace  S. 
Etheater ;  Clara  St.  Onge  to  Clara  Roux ;  Elizabeth  P.  Allen  to 
Elizabeth  Proschold ;  Catherine  M.  Lolley  to  Catherine  M.  Beesley ; 
Elizabeth  S.  Howes  to  Elizabeth  S.  White;  Bessie  M.  Abbott  to 
Bessie  M.  Ayer ;  Vivian  J.  Akerman  to  Vivian  J.  Grover ;  Flora 
B.  Corson  to  Flora  B.  Locke ;  Cordelia  Sawyer  to  Cordelia  Hebbert ; 
Teresa  E.  McKeown  to  Teresa  E.  Slaney ;  Agnes  S.  Pierce  to  Agnes 
S.  Randall ;  Carolyn  M.  Pierce  to  Carolyn  M.  Stevens ;  Mary  A. 
Bjorn  to  Mary  A.  Hawes. 

Strafford.  Strafford    county^ — Zelma   I.    Dolan   to   Zelma   I.   Letch  ;   Bessie 

Goosney  to  Bessie  Vay ;  Mary  V.  Pinkham  to  Mary  Y.  Anderson ; 
Jennie  L.  Burt  to  Jennie  L.  Robinson ;  Abbie  L.  Clark  to  Abbie  L. 
Hanscom ;  Annie  Gunderman  to  Annie  Drouin ;  Clara  Bunker  to 
Clara  Colomy;  Katie  A.  Winslow  to  Katie  A.  Burns;  Margaret  E. 
Pineo  to  Margaret  E.  Holland ;  Carrie  B.  Clough  to  Carrie  B. 
Wormhood ;  Annie  L.  Varney  to  Annie  L.  Chisholm ;  Emma  Dear- 
ing  to  Emma  Bushier ;  Mertice  0.  Garland  to  Mertice  0.  Ames ; 
Florence  V.  Ferguson  to  Florence  V.  Putney ;  Bernice  H.  Lord 


1913]  Chapter  287.  845 

to  Beriiice  H.  Hill ;  Edith  W.  Varney  to  Edith  W.  Wyatt ;  Grace 
E.  Greenwood  to  Grace  E.  Moore. 

Merrimack  county — Grace  P.  Black  to  Grace  P.  Smith ;  Alice  M.  Merrimack. 
Battis  to  Alice  Maud  Rayno ;  Lillian  Boomhower  to  Lillian  Young ; 
Mabel  Bowley  to  Mabel  G.  Addison ;  Marion  L.  Colby  to  Mamie  L. 
Stevens ;  Eliza  J.  Cutting  to  Eliza  J.  Braley ;  Bessie  G.  Godfrey  to 
Bessie  G.  Huggin ;  Maud  M.  Hastings  to  Maud  M.  Huggins ;  Ellen 
J.  Heath  to  Ellen  J.  Perkins;  Cornelia  D.  Holland  to  Cornelia 
Dearborn ;  Grace  M.  Loveren  to  Grace  M.  Bilsborough ;  Lottie  E. 
Marsh  to  Lottie  E.  Nutter;  Mary  Agnes  Noble  to  Mary  Agnes 
Craig;  Florence  E.  Palmer  to  Florence  E.  Towle;  Carrie  M. 
Parshley  to  Carrie  M.  Ring;  Nellie  M.  Perkins  to  Nellie  M.  Bick- 
ford;  Addie  M.  Pettengill  to  Addie  M.  Scott;  Caroline  M.  Piper 
to  Caroline  M.  Morrell;  Alice  P.  MacArthur  to  Alice  Permelia 
Preston. 

Hillsborough  county — Carrie  M.  Gordon  to  Carrie  M.  Goodwin ;  Hillsborough. 
Anna  Cremonas  to  Anna  Vamvas ;  Agnes  Doherity  to  Agnes  Rust ; 
Emma  M.  Otis  to  Emma  M.  Pietsch ;  Elizabeth  C.  Dion  to  Eliza- 
beth C.  Spence;  Grace  J.  Haskell  to  Grace  J.  Jones;  Angeline 
M.  Matheson  to  Angeline  Melissa  Wilkins ;  Charlotte  Foster  White 
to  Charlotte  Foster  Pratt ;  Ida  M.  Picord  to  Ida  M.  Bowen ;  Sadie 
L.  Robinson  to  Sadie  L.  Manning;  Maude  McKenzie  to  Maude 
Hayes ;  Annie  B.  Darby  to  Annie  B.  Heath ;  Annie  J.  Bennett 
to  Annie  J.  Hagan ;  Lois  E.  Warren  to  Lois  E.  Munson ;  Henrietta 
S.  Losech  to  Henrietta  Arfken ;  Jennie  Belisle  to  Jennie  Desrosier ; 
Mary  T.  Worthley  to  Margaret  T.  Burke;  Bertha  M.  Mann  to 
Bertha  M.  McDuffie ;  Elfrida  S.  E.  Cummings  to  Elfrida  S.  E. 
Bruce;  Nellie  G.  Donihue  to  Nellie  G.  Colburn;  Nellie  R.  Jenness 
to  Nellie  R.  Hardy ;  Millie  M.  Peterson  to  Millie  M.  Hessert ;  Mary 
Annie  Aldrich  to  Mary  Annie  Nees;  Martha  M.  Neidhardt  to 
Martha  M.  Bleil ;  Marie  Loise  Bonenfant  to  Marie  Loise  Dejardin  - 
Osceola  J.  Laselle  to  Osceola  Josephine  Watts ;  Etta  Maud  Wagner 
to  Etta  Maud  Shirley ;  Clara  Helen  Goldstone  to  Clara  Helen  Wel- 
come ;  Rosanna  Dumais  to  Rosanna  Mullen ;  Jennie  E.  Upham  to 
Jennie  E.  Foley;  Lilla  E.  Nichols  to  Lilla  E.  Mudge ;  Edna  F. 
Manley  to  Edna  F.  Hale ;  Lulu  A.  Newton  to  Lulu  Almira  Barker ; 
Etta  S.  Quimby  to  Etta  S.  Trainor ;  Abbie  Omey  Nichols  to  Abbie 
Omey  Wyman ;  Blanche  Miller  to  Blanche  Taylor ;  IMary  Medora 
Heath  to  Mary  Medora  Martin ;  Lillian  Pearl  Jones  to  Lillian  Pearl 
Hill;  Alberta  M.  Batson  to  Alberta  :\I.  Fuller;  Eva  J.  Yeaton  to 
Eva  J.  Thornton ;  Anna  Johnson  to  Anna  Zatschka ;  Grace  P.  Mc- 
Afee to  Grace  P.  Parkhurst ;  Emilie  E.  Heath  to  Emilie  E. 
Boehner ;  Hannah  A.  Veino  to  Hannah  A.  Bailey  ;  Belle  F.  Banister 
to  Belle  F.  Roby ;  Bertha  F.  Dawborn  to  Bertha  F.  Forbush ; 
Charlotte  Goodsell  to  Charlotte  Hilchey ;  Alice  Lees  to  Alice  Swett ; 


846  Chapter  287.  [1913 

Mary  A.  Hackett  to  Mary  A.  McClintock;  Lillian  B.  Cosotto  to 
Lillian  B.  Kenney;  Rachel  M.  Walbridge  to  Rachel  M.  Cram; 
Mildred  R.  Bowen  to  Mildred  R.  Banister. 

Cheshire.  ChesMrc  county — Emily  P.  Odiorne  to  Emily  P.  Brown;  Flor- 

ence M.  Plathaway  to  Florence  M.  Rutter ;  Harriette  E.  Gleason  to 
Harriette  E.  Cummings;  Eva  M.  Norcross  to  Eva  M.  Crouch;  Ruth 
J.  Wilcox  t©  Ruth  J.  Babbitt;  Lena  M.  Newton  to  Lena  M.  Hop- 
kins; Bertha  L.  Grover  to  Bertha  L.  Robbins;  Grace  M.  Johnson 
to  Grace  M.  Vinton ;  Emily  Hieckel  to  Emily  Johnson. 

(1909-1911)  Blanche  M.  Johnson  to  Blanche  M.  Nash;  Margaret 
G.  Hackett  to  Margaret  G.  Gray;  Nellie  E.  Furgeson  to  Nellie  E. 
Lang ;  Mary  Jane  Southwell  to  Mary  Jane  Heffron ;  Sarah  J.  Far- 
rand  to  Sarah  J.  Wilson ;  Emma  J.  Royce  to  Emma  J.  Starkey ; 
Alice  E.  Clark  to  Alice  E.  Cram. 

Sullivan.  Sullivau  couuty — Jennie  E.  Swain  to  Jennie  E.  Howe  ;  Ethel  M. 

Rotherme  to  Ethel  M.  Bates;  Eva  M.  Lavene  to  Eva  M.  Gardner; 
Ada  E.  Haselton  to  Ada  E.  Cone. 

Grafton.  Graftou  county — Ida  A.  Hunt  to  Ida  A.  Howard  ;  Grace  H.  Haw- 

kins to  Grace  Elinor  Harriman ;  Grace  W.  Bingham  to  Grace  W. 
Boomhower ;  Mabel  E.  Flanders  to  Mabel  E.  Chapman ;  Alta  Sum- 
mers to  Alta  Evans ;  Addie  S.  Corey  to  Addie  L.  Blake ;  Caroline 
R.  Little  to  Caroline  R.  Somers ;  Nellie  White  to  Nellie  Vannor ; 
Gertrude  W.  Wheeler  to  Gertrude  W.  Clark ;  Ora  L.  Hampson  to 
Ora  L.  Bennett ;  Clara  P.  Jesseman  to  Clara  P.  Baker ;  Jennie  F. 
Wilson  to  Jennie  F.  Follansbee. 

Coos.  Coos  county — Nellie  Barrows  to  Nellie  Parker;  Marion  M.  Fla- 

herty to  Marion  McGregor;  Florence  Bennett  to  Florence  Whit- 
comb  ;  Maud  A.  York  to  Maud  A.  Mitchell ;  Tessie  Wilson  to  Tessie 
Gray ;  Mary  L.  Turner  to  Mary  LaCroix. 


PRIVATE  ACTS. 


CHAPTER  288. 


AN    ACT   TO    ANNEX   HOMESTEADS   TO   THE   UNION    SCHOOL   DISTRICT   OF 
THE    CITY   OF    CONCORD. 


Section 

1.     Homesteads   severed   and   annexed. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.     That  the  homesteads  of  William  M.  Carter,  Harry  Homesteads 
D.  Lewis,  Marcious  L.  Cloudman,  William  Hammond,  Walter  C.  aMexed.**" 
Jones  and  George  A.  Wooster  be,  and  are  hereby,  severed  from 
the  Town  School  District  of  the  City  of  Concord  and  annexed  to 
the  Union  School  District  of  the  City  of  Concord  for  school  pur- 
poses. 


Sect.  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  February  13,  1913.] 


Takes  effect 
on  passage. 


CHAPTER  289. 


AN  ACT  AUTHORIZING  THE  CITY  OF  SOMERSWORTH  TO  TAKE  THE  WATER 
OF  cole's  or  lily  pond  in  said  CITY  FOR  MUNICIPAL  AND  DOMESTIC 
PURPOSES. 


Section 

1.  Authority  granted. 

2.  Right  of  eminent  domain. 


Section 

3.  Damages,  how  assessed. 

4.  Takes  effect  on  passage. 


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

Section  1.  The  City  of  Somersworth  is  authorized  and  em- Authority  granted, 
powered  to  enter  upon,  take  and  appropriate  the  water  of  a  certain 
pond  in  said  Somersworth,  commonly  known  as  Cole's  pond  or 
Lily  pond,  for  the  purpose  of  furnishing  said  city  with  a  supply 
of  water  for  the  extinguishment  of  fires,  for  the  use  of  its  inhabi- 
tants and  for  other  purposes. 


848 


Chapter  289. 


[1913 


Right  of  eminent 
domain. 


Damages,    how 
assessed. 


Takes   effect 
on    passage. 


Sect.  2.  To  secure  said  pond  by  fence,  or  otherwise,  and  dig 
ditches  and  canals,  make  excavations,  build  dams  and  reservoirs, 
through,  over,  in  or  upon  any  land  enclosure  in  said  city,  which 
may  be  required  for  said  excavations,  dams  or  reservoirs  to  be  or 
exist;  for  the  purpose  of  obtaining,  holding,  preserving  or  con- 
.ducting  such  water  and  placing  such  pipes  or  other  materials  or 
works  as  may  be  necessary  for  building,  operating  or  repairing 
the  same.  Said  City  of  Somersworth  is  also  authorized  and  em- 
powered to  take  and  appropriate  any  land  that  may  be  necessary 
to  protect  any  water  supply  that  they  may  establish  or  acquire. 

Sect.  3.  In  case  the  city  aforesaid  shall  not  be  able  to  agree 
with  the  owner  of  any  property,  or  right  taken  for  the  purposes 
of  this  act,  for  the  damages  to  be  paid  therefor,  or  in  case  the 
owner  is  unknown,  either  party  may  apply  to  the  superior  court 
for  Strafford  county  to  have  the  same  laid  out  and  damages  de- 
termined ;  and  the  court  shall  refer  the  same  to  three  disinterested 
referees,  to  be  selected  and  appointed  by  the  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;  provided,  however,  that  if  either  party  shall 
be  dissatisfied  with  the  award  of  said  referees  and  shall  at  the 
first  term  after  the  coming  in  of  the  report  file  a  notice  to  that 
effect  and  elect  to  have  a  trial  by  jury,  such  trial  will  be  had  in 
the  same  manner  as  is  provided  upon  the  return  of  the  assessment 
of  damages  by  county  commissioners  in  the  laying  of  highways. 
Provided  however,  that  entry  upon  and  taking  of  property,  rights 
and  estate,  laid  out  and  taken  for  the  purpose  of  this  act,  shall  not 
be  postponed  by  reason  of  any  failure  of  the  parties  to  agree  upon 
the  compensation  to  be  paid  or  by  reason  of  proceedings  being  in- 
stituted by  either  party  for  the  assessment  of  damages  as  provided 
in  this  act,  but  said  City  of  Somersworth  may  enter  upon,  take 
and  occupy  such  property,  rights  and  estate  by  filing  a  bond  to 
the  satisfaction  of  the  superior  court  or  the  clerk  thereof,  condi- 
tioned upon  the  payment  of  all  damages  that  may  be  afterwards 
agreed  upon  or  allowed  in  any  case. 

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


[Approved  February  13,  1913.] 


1913] 


Chapters  290,  291, 


849 


CHAPTER  290. 

AN  ACT  AUTHORIZING  THE  TOWN  OP  RAYMOND  TO  REFUND  ITS  BONDED 

INDEBTEDNESS. 


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  town  of  Raymond  is  hereby  authorized  and  em- Authority  granted. 
powered  to  refund  its  bonded  indebtedness  incurred  under  and  by 
virtue  of  chapter  138  of  the  Laws  of  1893,  by  an  issue  of  bonds 
or  notes  payable  at  such  times  and  at  such  rates  of  interest  as  may 
be  thought  proper,  and  may  exempt  such  bonds  or  notes  from  taxa- 
tion when  held  by  inhabitants  of  the  town. 

Sect.  2.     This  act  takes  effect  upon  its  passage.  Takes  effect 

^  ^  °  on  passage. 

[Approved  February  13,  1913.] 


CHAPTER  291. 


AN  ACT  IN  AMENDMENT  OF  THE  CHARTER  OF  THE  CITY  OF  MANCHESTER 
IN    RELATION    TO    TAXATION    AND    INDEBTEDNESS. 


Section 

1.  Indebtedness    limited. 

2.  Indebtedness,   how  determined. 

3.  Temporary  loans. 

4.  Interest  raised  annually  by  taxation. 


Section 

5.  Rate  of  taxation  limited. 

6.  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  of  Manchester  shall  not  become  indebted  indebtedness 
in  an  amount  exceeding  two  (2)  per  cent,  on  the  last  preceding 
valuation  for  the  assessment  of  taxes  of  the  polls  and  taxable 
property  therein,  the  valuation  being  first  reduced  by  the  amount 
of  all  abatements  allowed  thereon  previous  to  the  last  day  of  De- 
cember in  the  year  preceding  such  assessment. 

Sect.  2.     In  determining  the  amount  of  the  indebtedness  of  said  indebtedness,  how 
city,  obligations  incurred  for  supplying  the  inhabitants  with  water   ®  "™'°^  • 
shall  be  omitted.     The  amount  of  sinking  funds  available  for  the 
payments  of  debts  which  are  included  in  the  computation  shall  be 


850  Chapter  292.  [1913 

deducted  therefrom  in  determining  the  total  indebtedness  of  the 
city. 

Temporary  loans.  Sect.  3.  Said  city  may  incur  debts  for  temporary  loans  in 
anticipation  of  the  taxes  of  the  municipal  year  in  which  such  debts 
are  incurred  and  expressly  made  payable  from  such  taxes  by  the 
vote  to  incur  the  debt.  Such  loans  shall  be  payable  within  one 
year  and  shall  not  be  included  in  determining  the  authorized  limit 
of  indebtedness. 

Interest  raised  Sect.  4.     The  interest  on  all  debts  not  otherwise  provided  for 

annua  y.  shall  be  raised  annually  by  taxation. 

Tax  rate  limited.  Sect.  5.  The  taxes  assesscd  on  polls  and  property  in  said  city, 
exclusive  of  the  state  and  county  taxes,  shall  not  in  any  year 
exceed  thirteen  dollars  ($13)  on  every  one  thousand  dollars 
($1,000)  of  the  assessors'  valuation  of  the  polls  and  taxable 
property  therein  for  the  j^receding  year,  said  valuation  being  first 
reduced  by  the  amount  of  all  abatements  allowed  thereon  previous 
to  the  last  day  of  December  in  the  year  preceding  said  assessment. 

Repealing  clause;      Sect.  6.     All  acts  and  parts  of  acts  inconsistent  herewith  are 

on  pa^ssage^  ^'^      hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  February  13,  1913.] 


CHAPTER  292. 

AN  ACT  AUTHORIZING  THE  TOWN  OF  PLYMOUTH  TO  APPROPRIATE  A  SUM 
NOT  EXCEEDING  THREE  HUNDRED  DOLLARS  FOR  THE  OBSERVANCE  OF 
THE  ONE  HUNDRED  AND  FIFTIETH  ANNIVERSARY  OF  THE  INCORPO- 
RATION OF  THE  SETTLEMENT  OF  THE  TOWN  OF  PLYMOUTH. 

Section  |   Section 

1.      Authority  granted.  '        2.     Takes  effect  on  passage. 

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

Authority  granted.  SECTION  1.  The  towu  of  Plymouth  is  hereby  authorized  to  raise 
and  appropriate  a  sum  not  exceeding  three  hundred  dollars  for 
the  purpose  of  observing  the  one  hundred  and  fiftieth  anniversary 
of  the  incorporation  and  settlement  of  the  town  of  Plymouth. 

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

on  passage.  ^  r-  o 

[Approved  February  13,  1913.] 


1913] 


Chatters  293,  294. 
CHAPTER  293. 


851 


AN  ACT  TO  AMEND  SECTION  2,  CHAPTER  215,  LAWS  OF  1899,  RELATING 
TO  THE   CHARTER  OF   THE   HOWE  LIBRARY. 


Section 

1.      Corporate   powers   enlarged. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.  Section  2  of  chapter  215  of  the  Laws  of  1899,  en-  Powers  enlarged. 
titled  "An  Act  to  incorporate  the  Howe  Library"  is  hereby 
amended  by  substituting  the  word  two  for  the  word  "one"  in  the 
fourth  line  of  said  section,  so  that  said  section  as  amended  shall 
read  as  follows :  Sect.  2.  Said  corporation  by  that  name  may  sue 
and  be  sued,  prosecute  and  defend  to  final  judgment  and  execu- 
tion, and  shall  have  power  to  take,  acquire,  and  hold  real  and 
personal  estate  to  an  amount  not  exceeding  two  hundred  thousand 
dollars,  by  lease,  purchase,  donation,  bequest,  or  otherwise ;  and, 
said  institution  being  in  the  nature  of  a  public  charity,  its  property 
shall  be  exempt  from  taxation. 

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

^  -^  °  on   passage. 

[Approved  February  20,  1913.] 


CHAPTER  294. 


AN  ACT  TO  INCORPORATE  THE  MILFORD  HOME  FOR  AGED  WOMEN. 


Section 

1.  Corporation  constituted. 

2.  Power  to  hold  property. 

3.  Government    of    home. 

4.  By-laws. 

5.  May  hold  trust  funds. 


Section 

I         6.      Exemption     from     charter     fee     and 
taxation. 
7.     First  meeting. 
I         8.     Takes  effect  on  passage. 


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

Section  1.  That  Josephine  S.  French,  Gertrude  L.  Holden,  Corporation 
Bertha  M.  Sawyer,  Gertrude  N.  Howison.  Netta  M.  Turner,  Ana- 
biah  R.  Worcester,  Clara  J.  Fitch,  Hannah  E.  Webster,  George  A. 
Worcester,  Edward  H.  Taft,  James  H.  Fay,  Benjamin  F.  Foster, 
Moses  F.  Foster,  and  Arthur  L.  Keyes,  all  of  Milford,  be  and  they 
hereby  are,  constituted  a  corporation  by  the  name  of  The  Milford 


852 


Chapter  294. 


[1913 


Power  to  hold 
property. 


Government  of 
borne. 


By-laws. 


May  hold  trust 
fund. 


Exemptions. 


First  meeting. 


Takes   eflEect 
on   passage. 


Home  for  Aged  Women,  and  they  and  such  others  as  shall  be  duly 
elected  members  of  said  corporation  at  any  meeting  thereof  accord- 
ing to  such  by-laws  as  may  be  hereafter  established,  shall  be  and 
remain  a  body  corporate  and  politic  by  said  name  and  from  the 
passage  of  this  act,  for  the  purpose  of  founding  and  establishing 
a  home  for  aged  women  such  as  is  usually  provided  by  similar  in- 
stitutions, and  said  corporation  is  vested  with  all  the  powers  and 
privileges  incident  to  corporations  of  a  like  nature. 

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,  acquire  and  hold  real  and  personal  estate  to 
an  amount  not  exceeding  one  hundred  thousand  dollars,  by  lease, 
purchase,  donation,  bequest,  or  otherwise,  for  the  purpose  of  es- 
tablishing and  maintaining  a  home  at  Milford  aforesaid,  erecting 
suitable  buildings  and  properly  furnishing  the  same  with  whatever 
may  be  desirable  or  necessary  for  the  successful  operation  of  said 
institution. 

Sect.  3.  The  government  of  said  home  and  the  general  man- 
agement of  the  financial  and  prudential  affairs  of  said  corpora- 
tion shall  be  vested  in  a  board  of  trustees,  whose  number  shall  be 
determined  and  who  shall  be  chosen  in  such  a  manner,  at  such 
times  and  for  such  a  term  of  office  as  may  be  prescribed  by  the 
by-laAvs  of  said  corporation  to  be  hereafter  adopted. 

Sect.  4.  Said  corporation  may  adopt  such  by-laws  and  make 
such  rules  and  regulations  for  the  management  of  said  home  as  may 
be  deemed  necessary ;  may  determine  the  number,  manner  and 
time  of  choosing  its  officers,  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.  Said  corporation  is  authorized  and  empowered  to  act 
as  trustee  and  to  receive,  hold,  manage,  and  conduct  funds  and 
property  as  such  and  to  apply  the  same  with  all  the  powers,  rights, 
and  privileges  and  subject  to  all  the  duties  and  obligations  in  a 
similar  manner  as  provided  by  the  law  for  natural  persons. 

Sect.  6.  This  being  a  charitable  institution,  without  profit  to 
any  person,  no  fee  shall  be  charged  by  the  state  for  this  act,  and 
the  property  of  the  corporation  shall  be  exempt  from  taxation  as 
long  as  it  shall  be  used  for  the  purposes  named  therein. 

Sect.  7.  The  first  three  persons  named  in  section  1,  or  any  two 
of  them,  may  call  the  first  meeting  of  said  corporation  by  giving 
notice  to  each  of  the  persons  named  in  this  act,  by  mail,  five  days 
prior  to  said  meeting. 

Sect.  8.     This  act  shall  take  effect  upon  its  passage. 

[Approved  February  20,  1913.] 


1913] 


Chapters  295,  296. 


853 


CHAPTER  295. 

AN  ACT  AUTHORIZING  THE  TOWN  OF  NEW  BOSTON  TO  APPROPRIATE 
MONEY  TO  CELEBRATE  THE  ONE  HUNDRED  AND  FIFTIETH  ANNIVER- 
SARY OF  THE  INCORPORATION  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: 

Section  1.     The  town  of  New  Boston  is  hereby  authorized  to  ap- Authority  granted. 
propriate  a  sum  not  exceeding  five  hundred  dollars  for  the  purpose 
of  celebrating  the  one  hundred  and  fiftieth  anniversary  of  the  in- 
corporation of  said  town. 

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


Takes  effect 
on  passage. 


[Approved  February  21,  1913.] 


CHAPTER  296. 


AN  ACT  TO  INCORPORATE  LES  PATRIOTES   CANADIENS. 


Section 

1.  Corporation   constituted. 

2.  First   meeting. 


Section 

3.     Takes   effect   on   passage; 
repeal. 


subject   to 


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

Section  1.  That  Phillippe  P.  Beaudoin,  Edouard  Renaud,  A.  Corporation 
H.  Larue,  Peter  Belanger,  E.  R.  Noel,  Octave  Duchene  and  Ovide 
J.  Coulombe,  all  of  Berlin,  their  associates,  successors  and  assigns, 
be  and  hereby  are  made  a  body  politic  and  corporate,  by  the  name 
of  Les  Patriotes  Canadiens  for  charitable  and  benevolent  purposes, 
to  provide  for  the  sick  and  distressed  members  of  the  association 
by  the  payment  of  sick  benefits,  bring  financial  aid  to  the  dis- 
tressed member's  family  by  the  payment  of  a  death  benefit  ac- 
cumulated from  dues  or  accrued  by  an  assessment  upon  its  sur- 
viving members;  provide  for  such  other  mutual  benefit  as  from 
time  to  time  they  may  deem  necessary ;  promote  sociability  and 
sincerity  among  its  members  and  improve  their  condition  morally 
and  mentally ;  hold  property  common  real,  personal  and  mixed 
to  the  amount  of  $50,000;  sue  and  be  sued,  prosecute  and  defend 
actions  to  final  payment  and  execution  under  their  corporate  name 


854  Chapter  297.  [1913 

and  put  in  operation  such  by-laws,  ordinances  and  resolutions  as 

may  be  in  compliance  with  the  laws  of  New  Hampshire  for  the 

government  of  the  affairs  of  the  association. 
First  meeting.  Sect.  2.     The  first  three  members  named  or  either  of  them  may 

call  the  first  meeting  of  this  corporation  at  such  time  and  place  as 

they  may  deem  expedient  and  in  such  manner  as  they  ma}^  think 

proper. 
Takes  eflfect  on         Sect.  3.     This  act  shall  take  effect  on  its  passage  and  the  legis- 
to  repeal.  lature  may  at  any  time  alter,  amend  or  repeal  the  same  whenever 

in  their  opinion  the  public  good  requires  it. 

[Approved  February  21,  1913.] 


CHAPTER  297. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  150  OF  THE  SESSION  LAWS  OP 
1905,  ENTITLED  "aN  ACT  TO  CHANGE  THE  NAME  OF  L 'ASSOCIATION 
CANADO-AMERICAINE   AND    CONFIRM    ITS   ORGANIZATION." 

Section  I   Section 

1.     Corporate  powers  enlarged.  ■        2.     Takes  effect  on  passage. 

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

Corporate  powers      SECTION  1.     Section  3  of  chapter  150  of  the  session  Laws  of  1905 

enlarged. 

is  hereby  amended  by  striking  out  the  words :  ' '  ten  thousand  dol- 
lars ' '  and  inserting  in  place  thereof  the  words :  twenty-five  thou- 
sand dollars  in  addition  to  the  sums  collected  and  held  in  its  sick, 
burial,  and  death  benefit  funds,  so  that  said  section  as  amended 
shall  read  as  follows:  Sect.  3.  Said  corporation  may  levy  and 
assess  and  collect  from  its  members  such  dues  and  assessments 
for  its  expenses  and  the  conduct  of  its  business  and  for  the  pay- 
ment of  sick,  burial,  death,  and  other  benefits  as  shall  be  in  con- 
formity with  its  constitution,  rules  and  by-laws ;  and  it  may  take 
by  deed,  gift  or  otherwise,  purchase  and  hold  real  and  personal 
property  to  an  amount  not  exceeding  twenty-five  thousand  dollars 
in  addition  to  the  sums  collected  and  held  in  its  sick,  burial,  and 
death  benefit  funds,  and  may  use,  sell,  convey  and  otherwise  dis- 
pose of  the  same  at  pleasure. 
Takes  effect  Sect.  2.     This  act  shall  take  effect  upon  its  passage. 


on   passage. 


[Approved  February  21,  1913. 


1913]  Chapters  298,  299.  855 

CHAPTER  298. 

AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED,  "aN  ACT  TO  INCORPO- 
RATE THE  BAPTIST  CON\TENTION  OF  THE  STATE  OF  NEW  HAMP- 
SHIRE," PASSED  JUNE  24,  1826,  AS  AMENDED  BY  CHAPTER  272  OF 
THE  LAWS  OP  1911. 


Section 

2.     Repealing  clause;   act  takes  effect  on 


Section 

1.      Power  to  hold  property. 

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

Section  1.     Amend  section  2  of  an  act  entitled  "An  Act  to  in-^o^er  to  hold 

property. 

corporate  The  Baptist  Convention  of  the  State  of  New  Hampshire, ' ' 
passed  June  24,  1826,  as  amended  by  chapter  272  of  the  Laws  of 
1911,  by  striking  out  the  word  "three"  in  said  section,  and  in- 
serting in  place  thereof  the  word  five,  so  that  said  section  shall  read 
as  follows:  Sect.  2.  Be  it  further  enacted  that  the  said  corpo- 
ration shall  have  power  to  receive  and  hold  all  donations,  sub- 
scriptions and  legacies  in  real  and  personal  estate  to  an  amount 
not  exceeding  five  hundred  thousand  dollars,  and  to  use  and  im- 
prove the  same  for  the  purpose  of  promoting  religious  and  mis- 
sionary work  in  New  Hampshire,  and  any  religious  charities  in 
New  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  Repealing  clause; 
are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage,  on  passage. 

[Approved  February  21,  1913.] 


CHAPTER  299. 


an  act  to  incorporate  court  WILTON  NO.  16,  FORESTERS  OF  AMERICA. 


Section 

1.  Corporation  constituted. 

2.  Payment   of  benefits. 

3.  Power  to  hold  property. 


Section 

4.  First  meeting. 

5.  Takes  effect  on   passage. 


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

Section  1.     Henry  P.  Herlihy,  David  J.  Balcom,  John  E.  Fitz- corporation 
gerald,  James  R.  Killkelly,  Cornelius  Buckley,  William  Stanton, 
Alfred  Willett,  their  associates  and  successors,  be  and  hereby  are 


856 


Chapter  300. 


[1913 


Payment  of 
benefits. 


Power    to    hold 
property. 


First    meeting. 


Takes   effect 
on   passage. 


made  a  body  politic  and  corporate  by  the  name  of  Court  Wilton 
No,  16,  Foresters  of  America,  for  fraternal,  charitable  and  benevo- 
lent purposes;  and  by  that  name  may  sue  and  be  sued,  prosecute 
and  defend  to  final  judgment  [and]  execution,  and  shall  be  and 
hereby  are  made  subject  to  all  the  liabilities  of  corporations  of  a 
similar  nature. 

Sect.  2.  Said  corporation  may  enact  by-laws,  providing  for 
the  payment  of  weekly  benefits  to  those  of  its  members  who  may 
become  sick,  and  for  the  funeral  expenses  of  those  of  its  members 
who  may  die. 

Sect.  3.  Said  corporation  shall  have  power  to  hold  real  and 
personal  estate  by  gift,  bequest,  or  otherwise  to  an  amount  of  not 
exceeding  five  thousand  dollars,  and  may  dispose  of  the  same  at 
pleasure. 

Sect.  4.  The  first  three  persons  named  in  this  t^ct  may  call  the 
first  meeting  of  said  corporation  by  giving  notice  to  each  of  the 
others  at  least  two  days  before  the  date  of  such  meeting. 

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

[Approved  February  21,  1913.] 


CHAPTER  300. 


AN  ACT  IN  AMENDMENT  OP  CHAPTER  121,  LAWS  OF  1897.  ENTITLED, 
"an  act  to  establish  the  city  of  BERLIN"  AND  TO  CREATE  AN 
ADDITIONAL  WARD,  TO  BE  KNOWN  AS  WARD  FOUR. 


Section 

1.  Ward   limits   defined. 

2.  City   council. 

3.  Representatives    to    general    court. 


Section 

4.  Councilmen  and  clerk  for  ward  4. 

5.  First  election   in  ward  4. 

6.  Takes   effect  on  passage. 


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


Ward   limits 
defined. 


Section  1.  Section  2  of  chapter  121  of  the  Laws  of  1897  en- 
titled ' '  An  Act  to  establish  the  City  of  Berlin ' '  is  hereby  amended, 
so  that  said  act  as  amended  shall  read  as  follows :  Sect.  2.  Said 
city  of  Berlin  is  hereby  divided  into  four  w^ards,  which  shall  be 
constituted  as  follows,  namely :  Ward  one  shall  include  all  that 
part  of  said  city  of  Berlin  lying  northwesterly  of  the  Androscoggin 
river  and  southerly  and  westerly  of  the  following  described  line: 
Beginning  at  the  point  near  the  mouth  of  Dead  river,  where  the 
center  line  of  the  Androscoggin  river  is  intersected  by  the  ex- 
tension of  the  line  between  the  property  of  the  C.  N.  Hodgdon 


1913]  Chapter  300. |  857 

heirs,  known  as  the  Hodgdon  block  and  the  property  of  L.  J.  Cote, 
said  property  being  situate  on  the  southeasterly  side  of  Main  street, 
so-called ;  thence  northerly  on  said  property  line  to  the  south- 
easterly side  line  of  said  Main  street;  thence  in  a  straight  line 
to  the  southeast  corner  of  land  of  Stahl  Brothers;  thence  north- 
westerly along  the  line  between  said  Stahl  Brothers'  property  and 
property  owned  by  L.  J.  Cote,  said  property  being  situate  on  the 
northwesterly  side  of  Main  street,  to  the  northeasterly  corner  of 
said  Stahl  Brothers'  property;  thence  to  and  along  the  center  line 
of  Dead  river  to  the  range  line  between  ranges  7  and  8;  thence 
westerly  on  said  range  line  to  its  intersection  with  the  town  line 
between  said  city  of  Berlin  and  the  township  of  Kilkenny. 

Ward  two  shall  include  all  that  part  of  said  city  of  Berlin  lying 
northwesterly  of  the  Androscoggin  river,  and  lying  between  the 
above  described  line  and  the  following  described  line : — Beginning 
at  the  point  where  the  center  line  of  the  Androscoggin  river  is 
intersected  by  the  line  between  the  property  of  the  International 
Paper  Company  and  property  of  the  Burgess  Sulphite  E^'ibre 
Company ;  thence  in  a  direct  line  to  the  southwesterly  corner  of 
land  formerly  owned  and  occupied  by  Philip  St.  Laurent ;  thence 
northerly  on  the  westerly  line  of  said  land  formerly  owned  by 
Philip  St.  Laurent  to  the  southerly  side  line  of  School  street,  so- 
called  ;  thence  in  a  direct  line  to  the  intersection  of  the  northerly 
side  line  of  said  School  street  and  the  center  line  of  Prospect  street, 
so-called;  thence  northerly  along  the  said  center  line  of  Prospect 
street  and  said  line  continued  to  the  check  line  between  town  lots 
numbers  4  and  5 ;  thence  southwesterly  on  said  check  line  to  the 
center  line  of  Dead  river ;  thence  northerly  on  said  center  line 
of  Dead  river  to  the  point  where  it  intersects  the  range  line  between 
ranges  7  and  8 ;  thence  westerly  on  said  range  line  to  the  center 
line  of  the  location  of  the  Grand  Trunk  Railway;  thence  north- 
westerly along  said  center  line  of  the  Grand  Trunk  Railway  to  the 
range  line  between  ranges  3  and  4 ;  thence  on  said  range  line  to 
the  town  line  between  said  city  of  Berlin  and  the  township  of 
Kilkenny. 

Ward  three  shall  include  all  that  part  of  said  Berlin  lying  on 
the  northwesterly  side  of  the  Androscoggin  river  not  embraced  in 
wards  one  and  two  as  herein  constituted. 

Ward  four  shall  include  all  that  part  of  said  Berlin  lying  on  the 
southeasterly  side  of  the  Androscoggin  river. 

Sect.  2.  Section  three  in  said  act  is  hereby  amended  by  strik-  City  council 
ing  out  the  word  "nine"  in  the  fourth  line  and  substituting  in 
place  thereof  the  word  twelve,  so  that  said  act  shall  read :  Sect.  3. 
The  administration  of  all  the  fiscal,  prudential  and  municipal 
affairs  of  said  city  and  the  government  thereof  shall  be  vested  in 
one  principal  officer  to  be  called  the  mayor,  and  one  board,  con- 


858 


Chapter  300. 


[1913 


Representatives  to 
general     court. 


Councilmen     and 
clerk  for  ward  4. 


First    election    in 
ward  4. 


Takes   effect 
on   passage. 


sisting  of  twelve  members,  to  be  called  the  council,  the  members 
whereof  shall  be  called  councilmen.  The  mayor  and  council 
shall  sit  and  act  together  and  compose  one  body,  and  in  their  joint 
capacity  be  called  the  city  council. 

Sect.  3.  Section  seven  of  said  chapter  121  of  the  Laws  of  1897, 
as  amended  by  chapter  105  of  the  Laws  of  1899  and  chapter  84  of 
the  Laws  of  1911,  is  hereby  repealed,  and  from  and  including  the 
legislature  of  1915  until  another  general  census  of  the  state  is 
taken  and  officially  promulgated,  said  w^ards  may  send  representa- 
tives to  the  general  court  under  the  authority  of  the  constitution 
as  follows:  Ward  one,  two  and  three  shall  each  have  three  repre- 
sentatives ;  and  ward  four,  one  representative. 

Sect.  4.  There  shall  be  elected  at  the  next  municipal  election 
for  the  city  of  Berlin  in  said  ward  four  three  councilmen  and  a 
ward  clerk.  The  ward  clerk  shall  serve  for  ono  year,  and  there 
shall  be  elected  one  councilman  to  serve  for  one  year,  one  council- 
man to  serve  for  two  years,  and  one  for  three  years.  Thereafter 
the  ward  clerks  and  councilmen  shall  be  elected  as  provided  in 
the  charter  of  said  city  of  Berlin. 

Sect.  5.  The  chairman  or  first  officer  of  the  boards  of  super- 
visors from  wards,  one,  two,  and  three  as  now  constituted  in  said 
city  of  Berlin  shall  seasonably  post  checklists  and  warrants  before 
the  first  annual  meeting  in  said  ward  four,  and  shall  seasonably 
appoint  a  moderator  and  clerk  for  said  ward,  from  the  legal  voters 
thereof,  who  shall,  after  being  duly  sworn,  have  the  powers  and 
perform  the  duties  of  their  respective  offices  at  the  first  annual 
election  under  this  act,  and  until  others  are  elected  and  qualified. 
The  returns  of  votes  provided  by  law  to  be  made  to  the  city  clerk 
shall,  at  said  first  annual  election,  be  made  to  said  city  supervisors, 
who  shall  forthwith  perform  all  the  duties  in  relation  thereto  which 
are  by  law  assigned  to  the  mayor  and  council  and  city  clerk  re- 
spectively. Said  supervisors  shall  also  select  and  provide  a  suit- 
able place  for  the  first  ward  meeting  of  said  ward  four,  and  season- 
ably notify  the  members  thereof  of  the  place  so  selected. 

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


[Approved  February  24,  1913. 


1913] 


Chapter  301. 


859 


CHAPTER  301. 

AN  ACT  TO   INCORPORATE  THE  FARMERS'   GUARANTY  SAVINGS  BANK  OP 

COLEBROOK. 


Section 

Section 

1.     Corporation  constituted. 

6.      Power  to  hold  property. 

2.      Powers   and   duties. 

7.     First  meeting. 

3.      Guaranty  fund. 

8.      Subject   to   repeal. 

4.      Special  deposits;  rate  of  interest. 

9.     Takes  effect   on  passage 

5.     Rights  of  special  depositors. 

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

Section  1.  That  John  D.  Annis,  Darwin  Lombard,  Freeman  Corporation 
G.  Marshall,  Eben  E.  Noyes,  Reuben  H.  Gould,  Guy  B.  Trask, '°"''''''^'*^- 
Frank  W.  Baldwin,  Wilbur  A.  Marshall,  John  C.  Hutchins,  and 
their  associates,  successors  and  assigns,  are  hereby  made  a  body 
politic  and  corporate  under  the  name  of  the  Farmers'  Guaranty 
Savings  Bank,  to  be  located  at  Colebrook,  N.  H.,  with  all  the  rights 
and  privileges,  and  subject  to  all  the  duties  and  liabilities,  except 
so  far  as  otherwise  provided  in  this  charter,  which  by  the  laws  of 
this  state  are  incident  to  savings  bank  corporations. 

Sect.  2.  Said  bank  may  receive  deposits  of  money  from  any  Powers  and 
person  or  persons,  on  such  terms  or  conditions  as  may  be  prescribed  ^  "^^" 
by  it  or  its  trustees  or  agreed  to  by  the  parties  making  the  same, 
and  may  invest  and  manage  the  moneys  deposited  in  or  belonging 
to  it  in  such  securities  and  stocks  and  in  such  ways  as  may  be  for 
the  convenience  and  advantage  of  the  bank,  subject,  however,  to 
the  provisions  of  the  laws  of  the  state  in  relation  to  savings  banks. 

Sect.  3.  ^  For  the  better  security  and  protection  of  the  general  Guaranty  fund, 
depositors  of  the  bank,  it  shall  provide  for  and  have  a  permanent 
guaranty  fund  of  not  less  than  twenty-five  thousand  dollars,  with 
liberty  to  increase  the  same  at  pleasure  to  not  exceeding  one  hun- 
dred thousand  dollars.  Said  fund  shall  be  kept  and  maintained 
as  a  guaranty  to  the  general  deposits  for  the  repayment  of  said 
deposits,  according  to  the  terms  and  conditions  thereof,  in  case  of 
any  insufficiency  of  the  assets  of  the  bank  to  pay  all  of  its  liabilities ; 
and  the  general  deposits  shall  have  the  precedence  of  payment  from 
the  assets  of  the  bank  before  payment  from  said  assets  on  account 
of  said  guaranty  fund,  and  no  business  in  the  way  of  receiving 
general  deposits  shall  be  transacted  by  the  bank  unless  the  amount 
of  twenty-five  thousand  dollars  shall  then  have  been  provided  for 
said  guaranty  fund.  The  special  deposits  shall  at  no  time  be 
less  than  ten  per  cent,  of  the  general  deposits. 

Sect.  4.     Special  deposits  may  be  received  by  the  bank  to  con- ■Special   deposits ; 
stitute  the  guaranty  fund  before  mentioned,  which  shall  not  be  ^^  ^  '^   '"  ^^^^ ' 
withdrawn  except  by  the  permission  of  the  bank  commissioners. 


26 


860  Chapter  301.  [1913 

nor  at  any  time  so  as  to  reduce  said  fund  below  the  amount  re- 
quired for  the  same,  as  hereinbefore  provided.  The  general  de- 
posits shall  be  entitled  to  such  rate  of  interest  from  the  bank  as 
may  be  prescribed  or  agreed  to,  not,  however,  in  any  case  to  be 
less  than  three  and  one  half  per  cent,  per  annum,  and  the  book 
given  general  depositors  on  making  their  first  deposit  shall  state 
therein  the  rate  of  interest  to  be  paid,  and  no  change  can  be  made 
therefrom  until  after  three  months'  notice  of  the  proposed  change 
has  been  given  by  mailing  notice  of  same  to  each  and  every  de- 
positor, directed  to  his  or  her  last  known  residence ;  and  the  special 
deposits  for  the  guaranty  fund  shall  not  be  entitled  to  any  interest, 
but  instead  thereof  shall  have  the  net  income  and  profits  of  the 
bank  above  its  expenses,  the  interest  due  the  general  deposits  as 
aforesaid,  and  all  losses  of  the  bank,  and  said  net  income  and  profits 
may  be  divided  proportionally  among  said  special  deposits  at  such 
time  and  in  such  ways  as  the  bank  or  its  trustees  may  order ;  pro- 
vided, however,  that  such  dividends  shall  be  made  only  w4ien  the 
net  resources  of  the  bank  above  its  expenses,  its  liability  for  the 
general  deposits,  and  the  guaranty  fund  aforesaid,  shall  be  suffi- 
cient to  pay  the  same. 

Rights  of  special      Sect.  5.     The  Special  depositors  for  the  guaranty  fund,  and  their 

depositors.  assigus,  sliall  by  virtue  thereof  become  and  be  members  of  the 

corporation,  and  have  and  exercise  all  the  rights  and  powers  of 
the  same,  each  special  depositor  being  entitled  to  one  vote  for  each 
one  hundred  dollars  of  his  special  deposit,  but  no  member  shall 
incur  or  be  subject  to  any  individual  liability  in  any  case  for  any 
debts  or  liabilities  of  the  corporation ;  and  the  management  and 
control  of  the  affairs  of  the  corporation  shall  be  vested  in  a  board 
of  not  less  than  five  nor  more  than  fifteen  trustees,  to  be  chosen  by 
the  members  of  the  corporation.  A  majority  of  said  board  at  any 
meeting  duly  notified  shall  constitute  a  quorum  for  the  transaction 
of  business.  And  said  board  shall  have  the  power  to  make  and 
establish  such  rules  and  regulations  as  they  may  think  proper  for 
transacting  and  governing  the  business  of  the  corporation. 

Power  to  hold  Sect.  6.     Said  bank  may  purchase  and  hold  real  estate  to  the 

property.  valuc  wheu  purchascd  of  not  exceeding  twenty-five  thousand  dol- 

lars, and  may  hold  such  amounts  as  may  at  any  time  be  deemed 
advisable  for  the  security  and  satisfaction  of  any  dues  to  it. 

First  meeting.  Sect.  7.     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  Colebrook  at  least  one 
week  before  the  day  of  meeting. 

Subject  to  repeal.      Sect.  8.     The  legislature  may  alter,  amend,  or  repeal  this  act 
whenever  in  their  opinion  tlie  public  good  shall  require  it. 

Takes  effect  Sect.  9.     This  act  shall  take  effect  on  its  passage. 

on   passage. 

[Approved  February  25.  1913.] 


1913]  Chapters  302,  303.  861 

CHAPTER  302. 

AN   ACT   TO   AUTHORIZE  THE  NORTH   CONWAY   WATER  PRECINCT   TO   ES- 
TABLISH   AND    MAINTAIN   A   FIRE   DEPARTMENT. 

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  North  Conway  Water  Precinct  is  hereby  au-  Authority  granted. 
thorized  to  establish  and  maintain  a  fire  department  in  said  pre- 
cinct, and  may  at  any  annual  meeting  of  said  precinct  vote  to 
raise  and  appropriate  money  for  said  purpose. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  In''^Ls?f 

[Approved  February  27,  1913.] 


CHAPTER  303. 


AN  ACT  IN  AMENDMENT  OF  SECTION  2,  CHAPTER  162,  SESSION  LAWS 
OF  1905,  RELATING  TO  BOARD  OF  TRUSTEES  OF  WENTWORTH  HOSPITAL 
IN   THE   CITY  OF  DOVER. 

Section  Section 

1.     Annual     organization     of     board     of  2.     Repealing  clause;  act  takes  effect  on 

trustees.  |  passage. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
Ge7ieral  Court  convened: 

Section  1.  That  section  2  of  chapter  162  of  the  session  Laws  of  Annual  organiza- 
1905,  is  hereby  amended  by  striking  out  the  word  "March"  in  the  l^^'^tees.^"^'''^  °^ 
second  line  of  said  section,  and  inserting  in  lieu  thereof  the  word 
January,  so  that  said  section  as  amended  shall  read  as  follows : 
Sect.  2.  In  the  month  of  January,  annually,  said  board  shall 
organize  by  the  choice  of  one  of  its  members  as  chairman,  and  shall 
also  choose  a  clerk  w^ho  may  be  one  of  said  trustees ;  said  board 
may  choose  a  treasurer,  who  shall  file  with  said  board  such  bond  and 
receive  such  salary  as  said  trustees  shall  determine.  Said  board 
of  hospital  trustees  may  purchase  such  land  as  may  be  necessary 
and  shall  have  full  charge,  management  and  control  of  the  erec- 
tion, equipment  and  management  of  such  building  or  buildings 
as  may  be  necessary  to  carry  into  effect  the  purposes  of  this  act; 


862 


Chapters    304,  305. 


[1913 


Repealing    clause 
act   takes   effect 
on   passage. 


may  employ  and  fix  the  compensation  of  such  agents  as  they  may 
deem  expedient,  and  remove  any  of  said  agents  at  pleasure,  and 
make  necessary  rules  and  regulations  for  their  own  government 
and  for  the  control  and  management  of  all  property,  real  or  per- 
sonal, connected  with  the  proper  conduct  of  said  hospital. 

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


[Approved  February  27,  1913.; 


CHAPTER  304. 

AN  ACT  AUTHORIZING  THE  CITY  OF  FRANKLIN  TO  FIX  THE  COMPENSA- 
TION OR  SALARY  OF  CITY  OFFICERS. 


Section 

1.     Authority  granted. 


Section 

2.      Repealing  clause;   act  takes  effect  on 
passage. 


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

Authority  granted.      SECTION  1.     The  city  couiicil  of  Franklin  is  hereby  authorized 
to  fix  the  compensation  or  salary  of  all  city  officers  in  said  Franklin. 
Repealing  clause;      Sect.  2.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are 
on  pass^aV-  '^'^      hereby  repealed  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  February  27,  1913.] 


CHAPTER  305. 


AN  ACT   TO   INCORPORATE   THE   N.   E.   O.    P.    BUILDING   ASSOCIATION. 


Corporation    con- 
stituted. 


Section 

Section 

1.     Corporation  constituted. 

6. 

Application  of  income. 

2.      Corporate  powers. 

7. 

Members   not   individually   liable 

3.      Corporate    officers. 

8. 

First  meeting. 

4.     Members  of  corporation. 

9. 

Subject   to   repeal. 

5.      Issue  of   bonds. 

10. 

Takes  effect  on  passage. 

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

Section  1.  That  Harlow  R.  Bachelder,  Edwin  L.  Dodge,  Melvin 
M.  Halen,  Ernest  A.  Merrill,  Susan  A.  Barr,  Edward  A.  Thayer, 
Charles  A.  Marland,  Fred  A.  Hunkins  and  Fred  F.  Fisher,  all  of 


1913]  Chapter  305.  863 

Manchester,  in  the  County  of  Hillsborough  and  State  of  New 
Hampshire,  their  associates  and  successors,  are  hereby  made  a  body 
corporate  by  the  name  of  N.  E.  0.  P.  Building  Association  and 
shall  have  all  the  powers  and  privileges  and  be  subject  to  all  the 
liabilities  incident  to  corporations  of  a  similar  nature  and  neces- 
sary and  proper  to  carry  into  effect  the  purposes  of  this  act. 

Sect.  2.  Said  corporation  is  authorized  and  empowered  to  re-  Powers, 
ceive  from  the  trustees  of  Derryfield  Lodge  No.  342,  New  England 
Order  of  Protection,  a  conveyance  of  the  land  and  building,  in  said 
Manchester,  deeded  to  said  trustees  by  Minnie  M.  P.  Simonds  by 
her  deed  dated  April  27,  1912,  and  recorded  Hillsborough  County 
Kegistry  of  Deeds  Vol.  697,  page  389,  subject  to  any  encumbrances 
on  the  same  and  to  maintain  and  have  the  care  and  management 
of  said  building,  which  contains  the  new  hall  and  lodge  room  of 
said  order  in  Manchester,  aforesaid. 

Sect.  3.     Said  corporation  may  elect  from  its  members  a  presi-  Officers. 
dent,  treasurer  and  secretary,  who  shall  be  sworn  to  the  faithful 
performance  of  their  duties,  and  such  other  officers  as  may  be  found 
necessary,  and  may  make  and  establish  such  by-laws  as  may  be 
required  not  repugnant  to  the  constitution  or  laws  of  the  state. 

Sect.  4.  Members  of  said  corporation  shall  be  members  of  who  are  members. 
Derryfield  Lodge  No.  342,  Star  Lodge  No.  23  and  Mt.  Hope  Lodge 
No.  348,  of  the  New  England  Order  of  Protection,  in  said  Man- 
chester, one  third  in  number  from  each  of  said  lodges,  and  such 
members  may  be  designated,  and  the  manner  of  their  selection, 
and  their  term  of  membership  fixed  as  said  lodges,  respectively, 
may  determine ;  but  the  whole  number  of  members  of  said  cor- 
poration shall  not  be  less  than  nine  (9)  or  more  than  fifteen  (15)  ; 
provided,  however,  if  said  corporation  shall  see  fit  to  contract 
with  any  of  the  other  lodges  of  said  order  in  Manchester,  afore- 
said, which  may  desire  to  co-operate  in  liquidating  the  indebted- 
ness incurred  in  the  purchase  of  said  property  and  the  altera- 
tions, repairs,  furnishings  and  equipment  of  said  building,  said 
corporation  may  admit  members  or  associates  from  said  other 
lodges  upon  such  terms  and  conditions  as  the  members  of  said 
corporation  shall  determine,  but  no  lodge  sliall  have  a  larger  rep- 
resentation in  said  corporation  than  any  other,  and  the  whole  num- 
ber of  members  of  said  corporation  shall  not  be  more  than  fifteen 
(15)  as  aforesaid. 

Sect.  5.  When  the  mortgage  indebtedness  on  said  property  issue  of  bonds, 
shall  have  been  fully  paid  and  extinguished,  said  corporation  may 
issue  its  bonds,  duly  executed  by  the  trustees,  for  the  benefit  of 
those  lodges  which  shall  have  contributed  in  paying  off  the  mort- 
gage or  other  indebtedness  and  in  return  therefor,  to  an  amount 
not  exceeding  the  sum  of  ten  thousand  dollars  ($10,000),  at  such 


864 


Chapter  306. 


[1913 


Application 
income. 


of 


lawful  rates  of  interest,  payable  at  such  times  and  upon  such  con- 
ditions and  limitations  as  may  be  determined  by  the  corporation ; 
and  such  bonds  shall  be  under  the  seal  of  the  corporation,  signed 
by  the  president  and  treasurer,  and  shall  be  secured  by  a  mortgage 
of  said  land  with  the  building  thereon  to  said  corporation,  as  trus- 
tee for  the  benefit  of  such  lodges. 

Sect.  6.  The  income  received  by  said  corporation  from  said 
building  shall  be  reserved  and  applied,  first  to  the  payment  of  the 
interest  on  the  mortgage  indebtedness,  taxes,  insurance,  repairs 
and  incidental  expenses  and  the  remainder  in  liquidation  of  the 
principal  of  said  mortgage  indebtedness,  and  when  the  mortgage 
indebtedness  shall  have  been  extinguished,  as  aforesaid,  the  income 
aforesaid  shall  then  be  applied,  first  to  the  payment  of  the  interest 
on  said  bonds,  taxes,  insurance,  repairs  and  incidental  expenses, 
and  the  remainder  in  liquidation  of  the  principal  of  said  bonds; 
and  the  manner  of  such  application  and  the  management  of  such 
income  may  be  determined  by  the  by-laws  of  the  corporation. 

Sect.  7.  No  member  of  said  corporation  shall  be  liable  indi- 
vidually for  the  payment  of  such  bonds. 

Sect.  8.     Any  three  of  the  five  grantees  first  named  in  this  act 
may  call  the  first  meeting  of  the  corporation  by  notice  by  mail 
to  each  grantee  at  least  one  week  before  the  day  of  meeting. 
Subject  to  repeal.      Sect.  9.     The  legislature  may  at  any  time  alter,  amend  or  repeal 
this  act  whenever  the  public  good  may  require  the  same. 

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


No    individual 
liability. 

First   meeting. 


Takes  effect 
on 


[Approved  February  27,  1913.] 


CHAPTER  306. 


AN  ACT  TO  ESTABLISH  WATER- WORKS  IN  THE  TOWN  OF  PEMBROKE. 


Section 

1.  Water- works    authorized ;    acquisition 

of  property  and  franchises. 

2.  Right  of  eminent  domain. 

3.  Contracts  authorized. 

4.  Board    of    water    commissioners    pro- 

vided for. 


Section 

5.  Organization     of     board;     vacancies, 

how  filled. 

6.  Appropriations    authorized;    issue    of 

bonds. 

7.  Payment  of  indebtedness. 

8.  Takes  effect  on  passage. 


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


Waterworks   au-      SECTION  1.     That  the  towu  of  Pembroke,  in  the  county  of  Merri- 
tio°n'^of  'property'  mack,  is  hereby  authorized  and  empowered  to  construct,  manage, 
maintain  and  own  suitable  water-works,  for  the  purpose  of  intro- 


and  franchises. 


1913]  Chapter  306.  865 

ducing  into  and  distributing  through  the  villages  of  said  town,  or 
any  part  of  said  town,  and  in  the  towns  of  Epsom,  Allenstown  and 
Hooksett,  except  as  to  Suncook  village  as  hereinafter  set  forth, 
an  adequate  supply  of  pure  water,  in  subterranean  pipes,  for  ex- 
tinguishing fires  and  for  the  use  of  the  citizens  of  said  towns  and 
others,  and  for  such  public,  private  and  mechanical  purposes  as 
said  town  may  from  time  to  time  authorize  and  direct ;  and  for  that 
purpose  may  take,  purchase,  and  hold,  in  fee  simple  or  otherwise, 
any  real  or  personal  estate,  and  any  rights  therein,  and  water- 
rights,  and  do  all  other  things  necessary  for  carrying  into  effect 
the  purpose  of  this  act,  and  to  excavate  and  dig  ditches  in  any 
street,  place,  square,  passage-way,  highway,  common,  or  other  land 
or  place,  over  or  through  which  it  may  be  deemed  necessary  and 
proper  for  building,  constructing,  and  extending  said  water-works, 
and  may  relay,  change,  enlarge,  and  extend  the  same  from  time 
to  time,  whenever  said  town  shall  deem  necessary,  and  repair  the 
same  at  pleasure,  having  due  regard  for  the  safety  and  welfare 
of  its  citizens  and  security  of  the  public  travel.  Said  town  is  also 
authorized  to  acquire  by  purchase  the  property,  rights  and  fran- 
chises of  the  Suncook  Water  Works  Company,  and  if  said  town 
and  said  company  do  not  agree  upon  the  purchase  price  aforesaid, 
either  party  may  apply  to  the  superior  court  for  Merrimack  county 
to  have  said  purchase  price  determined,  and  said  court  shall  refer 
the  matter  to  the  county  commissioners  for  said  county,  who  shall 
appoint  a  time  and  place  of  hearing,  and  give  notice  thereof  in 
the  same  manner  as  is  now  provided  by  law  for  laying  out  high- 
ways, and  said  commissioners  shall  make  report  to  said  court,  and 
said  court  may  issue  execution  accordingly ;  if  either  party  shall 
desire,  they  shall  be  entitled  to  a  trial  by  jury,  in  such  manner 
and  under  such  regulations  as  said  court  may  prescribe,  in  the 
same  manner  as  appeals  from  the  award  of  damages  in  the  case 
of  laying  out  highways.  Said  town  shall  not  extend  into  Sun- 
cook village  the  water-works  provided  for  by  this  charter  until 
it  shall  have  acquired  the  property,  rights  and  franchises  of  said 
Suncook  Water  Works  Company  in  the  manner  hereinbefore  set 
forth. 

Sect.  2.  Said  town  is  authorized  and  empowered  to  enter  upon  Right  of  eminent 
and  take  water  from  any  pond  in  any  towns,  and  to  enter  upon,  "^o™^'"- 
take,  and  appropriate  any  streams,  springs,  or  ponds  in  such  towns 
not  belonging  to  any  aqueduct  company,  and  to  enter  upon,  take, 
and  appropriate  any  streams,  springs,  or  ponds  not  belonging  to 
any  aqueduct  company,  and  to  secure,  by  fence  or  otherwise,  such 
streams^  springs,  ponds,  and  dig  ditches,  make  excavations  or  reser- 
voirs, through,  over,  in,  or  upon  any  land  or  inclosure  through 
which  it  may  be  necessary  for  said  water-works  to  be  or  exist,  for 
the  purpose  of  obtaining,  holding,  preserving,  or  conducting  water 


866 


Chapter  306. 


[1913 


Conti'acts 
authorized. 


Board    of    water 
commissioners. 


for  said  purposes,  and  placing  such  pipes  or  other  materials,  or 
works,  as  may  be  necessary  for  building  and  operating  the  same ; 
provided,  if  it  shall  be  necessary  to  enter  upon  and  appropriate 
any  stream,  spring,  pond,  or  lake,  or  any  land,  for  the  purposes 
aforesaid,  or  to  raise  or  lower  the  level  of  the  same  by  dams  or 
otherwise,  and  if  said  town  shall  not  agree  with  the  owner  or 
owners  thereof  for  the  damage  that  may  be  done  by  said  town,  or 
such  owner  or  owners  shall  be  unknown,  said  town,  or  said  owner 
or  owners  or  party  injured,  may  apply  to  the  trial  term  of  the 
superior  court  for  the  County  of  Merrimack  to  have  the  damages 
determined,  and  tliat  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  bj^  law  for  laying  out  highM'ays,  and  said  commissioners 
shall  make  report  to  said  court,  and  said  court  may  issue  execu- 
tion accordingly ;  if  either  party  shall  desire,  they  shall  be  entitled 
to  a  trial  by  jury,  in  such  manner  and  under  such  regulations 
as  said  court  may  prescribe,  in  the  same  manner  as  appeals  from 
the  award  of  damages  in  the  case  of  laying  out  highways. 

Sect.  3.  Said  town  is  authorized  and  empowered  to  contract 
with  individuals  and  corporations,  Avhether  citizens  of  said  towns 
or  not,  for  supplying  them  with  water  for  any  of  the  purposes 
herein  named  or  contemplated,  and  to  make  such,  contracts  and 
establish  such  regulations  and  tolls  for  the  use  of  water  for  any 
of  said  purposes  as  may  from  time  to  time  be  deemed  proper  and 
necessary  to  enjoy  the  provisions  of  this  act,  subject,  however, 
to  the  provisions  of  the  act  creating  the  public  service  commis- 
sion and  amendments  thereto. 

Sect.  4.  For  the  more  convenient  management  of  said  water- 
works, the  said  town  may  place  the  construction,  management, 
control,  and  direction  of  said  water-works  in  a  board  of  water 
commissioners,  to  consist  of  five  citizens  of  the  town,  said  com- 
missioners 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  five  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  annual  town  meeting,  or  at 
any  special  meeting  duly  called  for  that  purpose,  and  their  suc- 
cessors shall  be  elected  at  each  annual  town  meeting  thereafter; 
provided,  Jiowever,  that  of  those  first  elected,  the  term  of  one  shall 
expire  at  the  first  annual  town  meeting  after  the  first  board  is 
elected,  and  one  at  each  annual  town  meeting  thereafter,  and  after 
the  first  election  one  shall  be  elected  for  five  years  at  each  annual 
town  meeting  to  fill  the  occurring  vacancy ;  provided,  however,  that 


1913]  Chapter  306.  867 

the  term  of  service  of  the  commissioners  first  elected  shall  be  desig- 
nated at  the  time  of  their  election,  or  said  commissioners  may  be 
appointed  by  the  selectmen  of  said  town  if  the  town  fail  to  elect, 
or  if  the  town  at  any  meeting  vote  to  authorize  and  instruct  the 
selectmen  to  appoint  said  water  commissioners. 

Sect.  5.  The  compensation  of  said  commissioners  shall  be  fixed  Organization  of 
by  the  town.  They  shall  be  sworn  to  the  faithful  discharge  of  S°^''^iuer'^°"''' 
their  duties.  They  shall  annually  organize  by  choosing  one  of 
their  number  as  chairman  of  their  board,  and  said  board  shall 
appoint  a  clerk  and  a  superintendent  of  the  works,  and  such  other 
oflficers  and  agents  as  thej^  may  deem  necessary,  and  shall  there- 
upon furnish  the  town  clerk  a  certificate  of  such  organization,  and 
the  town  clerk  shall  record  the  same  in  the  records  of  the  town. 
The  commissioners  shall  subject  to  the  approval  of  the  selectmen 
of  said  town  fix  the  compensation  of  all  officers  and  agents  ap- 
pointed 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  four  remaining  members  of  the 
board  shall  fill  such  vacancy  temporarily  by  appointing  a  citizen  of 
said  town,  in  writing,  which  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  same 
time  other  town  officers  report,  of  the  condition  of  the  water-works 
financially  and  otherwise,  showing  the  funds  belonging  to  their 
department,  and  the  expenses  and  income  thereof,  with  such  other 
facts  and  information  as  the  town  should  have,  which  report  shall 
be  published  in  the  annual  report  of  said  town  each  year. 

Sect.  6.  Said  town  is  also  authorized  and  empowered,  at  any  Appropriations 
annual,  special,  or  biennial  meeting,  by  a  major  vote  of  those  of  bonds.  '  '^^'^^ 
present  and  voting,  to  raise  by  taxation  and  appropriate,  or  to 
borrow  or  hire,  such  sums  of  money  on  the  credit  of  the  town  as 
may  from  time  to  time  be  deemed  necessary  and  expedient,  for 
the  purpose  of  defraying  the  expenses  of  purchasing  real  estate, 
rights  in  real  estate,  water-rights,  streams,  springs,  ponds,  lakes, 
and  other  rights  and  property,  as  aforesaid,  and  for  constructing, 
maintaining,  repairing,  extending,  enlarging,  and  operating  said 
water-works,  such  indebtedness  not  to  exceed  at  any  one  time  two 
hundred  thousand  dollars,  and  to  issue  notes  or  bonds  of  the 
town  therefor,  in  such  amounts  and  payable  at  such  time  or  times 
and  at  such  rates  of  interest  as  may  be  thought  proper,  and  may  " 

exempt  such  notes  or  bonds  from  taxation  when  held  by  inhabi- 


868 


Chapter  307. 


Payment   of   in- 
debtedness. 


Takes  eflfect 
sn   passage. 


[1913 


tants  of  the  town,  or  by  any  inhabitant  of  a  town  in  which  said 
water-works  may  extend,  said  notes  and  bonds  to  be  signed  by  at 
least  a  majority  of  the  selectmen  and  countersigned  by  the  town 
treasurer. 

Sect.  7.  Said  town  is  hereby  authorized  and  empowered  to  raise 
by  taxation  and  pay  each  year  the  interest  of  the  notes  and  bonds 
so  issued,  and  such  part  of  the  principal  and  to  provide  for  a 
sinking  fund  as  the  town  may  determine  at  any  annual  meeting. 

Sect.  8.     This  act  shall  take  effect  upon  its  passage. 

[Approved  February  27,  1913.] 


CHAPTER  307. 


AN  ACT  IN  AMENDMENT  OP  SECTION  17,  CHAPTER  121  OP  THE  SESSION 
LAV^S  OP  1897,  ENTITLED  "  AN  ACT  TO  ESTABLISH  THE  CITY  OF 
BERLIN. ' ' 


Section 

1.     Salary  of  judge  of  police  court. 


Section 

2.     Takes  effect  on  passage. 


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

Salary  of  judge  of  SECTION  1.  Amend  scctiou  17,  chapter  121,  session  Laws  of 
poice  cour .  1897,  by  striking  out  the  words  ''the  salary  of  the  justice  of  said 
police  court  shall  be  the  sum  heretofore  fixed  by  the  town  of 
Berlin, ' '  and  in  place  thereof  inserting  the  following :  the  salary 
of  the  justice  of  said  police  court  shall  be  such  sum,  not  less  than 
six  hundred  dollars,  as  shall  be  fixed  by  the  city  council  for  the 
city  of  Berlin,  so  that  said  section,  as  amended,  shall  read  as  fol- 
lows :  Sect.  17.  The  police  court  of  the  town  of  Berlin  as  hereto- 
fore existing  and  constituted,  is  hereby  constituted  and  established 
as  the  police  court  of  the  city  of  Berlin,  and  all  precepts,  civil 
and  criminal,  which  by  law  are  made  returnable  to,  or  which  have 
been  instituted  and  are  pending  before  the  said  police  court  of  the 
town  of  Berlin  when  the  act  establishing  the  city  of  Berlin  shall 
go  into  effect,  shall  be  heard  and  administered  in  said  court  under 
the  name  of  the  police  court  of  the  city  of  Berlin.  The  salary  of  the 
justice  of  said  police  court  shall  be  such  sum,  not  less  than  six 
hundred  dollars,  as  shall  be  fixed  by  the  city  council  for  the  city 
of  Berlin.  The  justice  of  said  court  may  appoint  a  clerk  of  the 
court,  if  provision  is  made  by  the  city  council  of  said  city  for  his 
compensation;  but,  until  such  provision  is  made,  the  justice,  or, 


1913  J  Chapter  308.  869 

in  his  absence,  the  special  justice,  shall  be  clerk  as  to  all  business 
before  them  respectively  transacted  in  the  court,  and  such  clerk 
or  justice  shall  keep  a  full  record  of  all  proceedings.  The  fees  and 
costs  imposed  by  said  court  shall  be  for  the  use  of  the  city  of 
Berlin,  and  sliall  be  paid  over  to  the  city  treasurer  by  any  person 
collecting  the  same. 

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

ou  passage. 

[Became  a  law  without  the  governor's  signature,  March  4,  1913.] 


CHAPTER  308. 


AN  ACT   EXEMPTING  FROM  LOCAL  TAXATION  A  HOTEL  IN   THE   CITY  OP 

MANCHESTER. 

Section  1.     Exemption  of  building  authorized. 

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

Section  1.  If  a  hotel,  the  building  for  which  shall  cost  not  less  Exemption 
than  two  hundred  thousand  dollars,  shall  be  erected  and  opened  for 
business  in  the  City  of  Manchester  on  or  before  April  first,  1915, 
such  hotel  building  may,  by  vote  of  the  city  council,  be  exempted 
from  all  local  taxes  by  said  City  of  Manchester  for  the  term  of 
ten  years  from  said  date :  provided,  however,  that  the  assessors 
of  said  city  shall  annually  appraise  such  hotel  building  and  the 
valuation  determined  upon  for  the  same  shall  be  added  to  the 
valuation  of  all  other  property  in  said  City  of  Manchester  to  de- 
termine the  total  valuation  for  the  purposes  of  state  and  county  tax 
and  such  hotel  building  shall  be  assessed  for  said  state  and  county 
tax;  and  said  assessors  shall  also  annually  appraise  the  land  on 
which  said  building  may  be  erected,  and  said  land  shall  be  taxed 
at  the  same  rate  as  other  property  in  said  city. 

[Approved  March  6,  1913.] 


870  CH.VPTERS  309,  310.  [1913 

CHAPTER  309. 

AN  ACT  LEGALIZING   THE  BIENNIAL  ELECTION   OF   THE   TOWN   OP   NEW- 
MARKET HELD  NOVEMBER  FIFTH,  NINETEEN   HUNDRED  AND  TWELVE. 

Section  i   Section 

1.     Election  legalized.  '        2.     Takes  effect  on  passage. 

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

Election  legalized.  SECTION  1.  That  wliereas  the  warrant  for  said  biennial  election 
was  not  posted  the  full  number  of  days  required  by  statute  prior 
to  said  biennial  election,  and  whereas  said  meeting  and  election 
were  legal  in  all  other  respects,  it  is  hereby  enacted  that  all  acts 
done  and  elections  made  and  declared  at  said  meeting  be  and  hereby 
are  legalized  and  shall  have  the  same  force  and  effect  as  though 
said  warrant  had  been  posted  the  full  number  of  days  required 
by  statute  prior  to  said  meeting  and  election. 

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

on   passage. 

[Approved  March  6,  1913.] 


CHAPTER  310. 

AN  ACT  TO  INCREASE  THE  CAPITAL  STOCK  OF  THE  MANCHESTER  BUILD- 
ING AND  LOAN  ASSOCIATION. 

Section  Section 

1.     Increase  of  stock  authorized.  2.     Takes    effect    on    passage;    repealing 

clause. 

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

Increase  of  stock      SECTION  1.     The  Manchester  Building  and  Loan  Association  is 
authorized.  hereby  authorized  to  increase  its  capital  stock  by  an  amount  not  to 

exceed  five  hundred  thousand  dollars. 
Takes  effect  on         Sect.  2.     This  act  shall  take  effect  upon  its  passage,  and  all  acts 
ciause^^'  '^^^^''^'"^  and  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

[Approved  March  6,  1913.] 


1913]  Chapters  311,  312.  871 

CHAPTER  311. 

AN  ACT  CONCERNING  PARK .  CEMETERY  OF  TILTON. 

Section  I    Section 

1.      Acts  and  proceedings  legalized.  '         2.      Takes  effect   on  passage. 

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

Section  1.  All  the  acts  and  proceedings  of  an  association  called  Acts  and  pro- 
and  known  as  Park  Cemetery  located  in  the  town  of  Tilton  (for- 
merly in  Sanbornton),  be,  and  the  same  are  hereby  ratified  and 
made  legal,  and  the  said  Park  Cemetery  as  now  organized  shall 
have  all  the  rights  and  powers,  and  be  subject  to  all  the  liabilities 
which  towns  by  statute  possess  concerning  cemeteries,  by  and  under 
sections  4  and  6  of  chapter  40  of  the  Public  Statutes,  and  shall 
be  called  and  known  as  Park  Cemetery. 

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

on   passage. 

[Approved  March  6,  1913.] 


CHAPTER  312. 


AN  ACT  TO  INCORPORATE  EUREKA  NO.  33  KNIGHTS  OP  THE  MACCABEES 
OF  THE  WORLD  OF  NASHUA,  N.  H. 


Section 

1.  Corporation  constituted. 

2.  Payment   of   benefits. 

3.  Right    to    hold    property. 


Section 

4.  First   meeting. 

5.  Takes  effect  on  passage. 


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

Section  1.  That  H.  J.  Knowlton,  C.  J.  Knowlton,  C.  M.  Keyes,  Corporation 
Eugene  J.  Stanton,  Burt  E.  Stratton,  George  S.  Brown,  Nathan  L.  ''""^  •  ^  e  . 
Sutton,  Joseph  P.  Rolfe,  Benj.  F.  Alpert,  Louis  E.  Arinington, 
Willie  A.  Wilkins,  their  associates  and  successors,  be  and  hereby  are 
made  a  body  politic  and  corporate  by  name  of  Eureka  No.  33 
Knights  of  Maccabees  of  the  World  of  Nashua,  N.  H.,  for  charitable 
and  benevolent  purposes ;  and  by  that  name  may  sue  and  be  sued, 
prosecute  and  defend  to  final  judgment  and  execution  and  shall  be 
and  hereby  are  made  subject  to  all  liabilities  of  corporations  of  a 
similar  nature. 

Sect.  2.     Said  corporation  may  enact  by-laws  for  the  payment  Payment  of 
of  weekly  benefits  to  those  of  its  members  who  may  become  sick  ^*'"*'^*^' 


872 


Right    to   hold 
property. 


First   meeting. 


Takes  effect 
on  passage. 


Chapter  313. 


[1913 


and  for  the  payment  of  funeral  expenses  of  those  of  its  members 
who  may  die. 

Sect.  3.  Said  corporation  shall  have  the  power  to  hold  real  and 
personal  property  or  estate  by  gift  or  otherwise,  to  the  amount  not 
exceeding  twenty-five  thousand  dollars  and  may  dispose  of  the 
same  at  pleasure. 

Sect.  4.  The  first  five  persons  named  in  this  act  may  call  the 
first  meeting  of  said  corporation  by  giving  notice  to  each  of  the 
others  at  least  two  days  before  the  date  of  said  meeting. 

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

[Approved  March  6,  1913.1 


CHAPTER  313. 


AN  ACT  TO  AMEND  CHAPTER  204  OP  THE  LAWS  OP  1887,  RELATING  TO 
THE  POWERS  OP  THE  WOODSVILLE  PIRE  DISTRICT,  AS  AMENDED  BY 
CHAPTER  196  OP  THE  LAWS  OP  1899. 


Section 

1.      Powers  of  commissioners. 


Section 

2.     Takes  effect  on  adoption. 


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


Powers  of 
commissioners. 


Section  1.     Amend  section  3  of  said  chapter  204  by  inserting 
the  following  clause  after  the  word  "sewers"  in  said  section  3, 
also  the  powers  conferred  by  section  1,  chapter  40,  Laws  of  1893, 
and  shall  be  by  virtue  of  their  office  firewards ;  so  that  said  section 
when  amended  shall  read  as  follows:     [Sect.  3.]     Said  district  at 
each  annual  meeting  shall  elect  by  ballot  a  moderator,  a  clerk, 
one  auditor,   a  treasurer,   and  three   commissioners.     All   of  said 
officers  shall  be  elected  by  a  maflority  vote  of  all  the  voters  present 
and  voting  at  the  annual  meeting.     Said  officers  shall  exercise  in 
relation  to  district  meetings  the  like  powers  to  those  of  moderator, 
clerk,  and  selectmen  of  towns.     The  commissioners  shall  have  with- 
in the  district  all  the  powers  of  the  mayor  and  aldermen  of  any 
etiy  respecting  highways,  sidewalks,  and  sewers ;  also  the  powers 
conferred  by  section  1,  chapter  40,  Laws  of  1893,  and  shall  be  by 
virtue  of  their  office  firewards.     They  shall  control  and  direct  the 
expenditure  of  all  moneys  raised  under  the  authority  of  the  district 
and  by  the  town  of  Haverhill  for  expenditure  in  the  district.    They 
shall  have  sole  authority  to  appoint  a  highway  surveyor  in  said 
district,  and  in  default  of  such  appointment  shall  themselves  per- 


1913] 


Chapter  314. 


873 


form  the  duties  of  that  office.  The  surveyors  or  commissioners  per- 
forming the  duties  of  highway  surveyor  in  the  district  shall  give 
bond  to  the  town  to  account  for  all  money  coming  into  their  hands, 
and  for  the  proper  care  and  custody  of  the  property  of  the  town 
or  district  which  may  come  into  their  custody  or  control,  and  shall 
be  deemed  officers  of  the  town.  Nothing  in  this  act  shall  be  con- 
strued to  impose  any  distinct  or  special  liability  upon  the  district 
respecting  highways  within  its  limits.  Vacancies  that  may  occur 
in  the  office  of  commissioner  in  the  district  shall  be  filled  by  ap- 
pointment of  the  remaining  commissioners  or  commissioner,  but 
any  commissioner  appointed  to  fill  a  vacancy  shall  hold  office  only 
until  the  next  annual  district  meeting.  Commissioners  shall  be 
residents  of  the  district. 

Sect.  2.  This  act  shall  not  take  effect  unless  it  is  adopted  by  a  Takes  effect 
majority  vote  at  an  annual  meeting  of  said  Woodsville  Fire  Dis- 
trict. The  commissioners  shall  insert  in  their  warrant  an  article 
providing  for  taking  the  sense  of  the  qualified  voters  upon  the  fol- 
lowing question :  Shall  the  provisions  of  an  act  passed  at  the  Jan- 
uary Session  1913,  entitled  "An  Act  to  enlarge  the  Powers  of  the 
Commissioners  of  the  Woodsville  Fire  District, ' '  be  adopted  ? 


on  adoption. 


[Approved  March  6,  1913. 


CHAPTER  314. 


AN  ACT  IN  RELATION  TO  THE  PHENIX   MUTUAL  FIRE   INSURANCE   COM- 
PANY OF  CONCORD,  NEW  HAMPSHIRE. 


Section 

1.  Corporation  constituted ; 

2.  Guaranty    capital. 

3.  Authorized  business. 


Section 

4.  Meeting  for  reorganization. 

5.  Takes  effect  on  passage. 


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


Section  1.  The  Phenix  Mutual  Fire  Insurance  Company  of  Corporation  con- 
Concord,  New  Hampshire,  organized  under  the  general  laws  of 
New  Hampshire,  August  3,  1886.  is  hereby  declared  to  be  a  cor- 
poration and  its  organization  is  hereby  continued,  with  authority 
to  have  and  exercise  all  the  powders  and  privileges  incident  to 
corporations  of  a  similar  nature,  except  as  limited  or  extended  by 
this  act,  for  the  purpose  of  making  and  effecting  insurance  against 
loss  and  damage  to  property  by  fire  or  lightning. 


874 


Chapter  315. 


[1913 


Guaranty  capital.  Sect.  2.  Said  Corporation  may  establish  a  guaranty  capital  of 
not  less  than  ten  thousand  nor  more  than  fifty  thousand  dollars, 
divided  into  shares  of  one  hundred  dollars  each.  Said  capital 
shall  be  subject  to  taxation  in  accordance  with  the  provisions  of 
chapter  65  of  the  Public  Statutes  relative  to  the  taxation  of  stock 
fire  insurance  companies.  The  stockholders  of  the  guaranty  capital 
shall  not  receive  dividends  amounting  to  more  than  seven  per  cent, 
of  the  paid  in  capital  in  any  one  year  and,  except  as  otherwise 
herein  provided,  the  rights  and  liabilities  of  policy  holders  shall 
be  governed  by  all  the  provisions  of  law  relating  to  mutual  fire 
insurance  companies. 

Sect.  3.  Said  corporation  shall  not  engage  in  any  business 
except  that  of  re-insurance  until  its  cash  assets  shall  amount  to  at 
least  fifty  thousand  dollars. 

Sect.  4.  A  meeting  of  the  corporation  for  the  purpose  of  effect- 
ing its  reorganization  may  be  held  by  Lyman  Jackman,  Charles  G. 
Remick,  Charles  L.  Jackman,  Fred  W.  Cheney  and  Zenas  P.  Adams, 
a  majority  of  the  directors  elected  at  the  last  annual  meeting  of  the 
corporation,  and  for  the  purpose  of  effecting  such  organization  they 
shall  be  clothed  with  all  the  rights  and  subject  to  all  the  obliga- 
tions of  incorporators  and  they  may  adopt  all  suitable  by-laws  for 
carrying  into  effect  the  purposes  of  the  corporation  not  repugnant 
to  the  laws  of  New  Hampshire  or  to  this  act.  Any  two  of  the  per- 
sons above  named  may  call  the  first  meeting  by  giving  two  days' 
written  notice  to  the  others  or  upon  the  written  agreement  of  all  of 
them  stating  the  time  and  place  of  such  meeting. 

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


Authorized 
business. 


Meeting  for 
reorganization. 


Taltes   effect 
on    passage. 


[Approved  March  7,  1913.] 


CHAPTER  315. 


AN  ACT  IN  RELATION   TO   THE  VILLAGE  FIRE  PRECINCT   OP   WOLFEBORO. 


Section 

1.      May  furnish  electric  light  and  power. 


Section 

2.     Takes  effect  on  passage. 


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


May  furnish  eiec-      SECTION  1.     That  chapter  183  of  the  Laws  of  1897,  entitled  "An 
power^^'  ^"  Act  to  authorize  the  Village  Fire  Precinct  of  Wolfeboro  to  con- 

struct and  maintain  an  Electric  Light  Plant,"  be  amended  by  in- 
serting the  following  section  to  be  numbered  section  5,  and  sec- 


1913]  CH.VPTERS  316,  317.  875 

tion  5  of  the  original  bill  as  amended  by  chapter  315,  session  Laws 
of  1909,  be  numbered  section  6,  so  as  to  read  as  follows :  Sect.  5. 
Said  Village  Fire  Precinct  of  Wolfeboro  is  further  empowered 
to  generate  electricity  for  sale  for  the  purposes  of  furnishing  power 
and  lighting  streets  and  buildings,  and  it  is  further  empowered  to 
sell  the  same  to  any  person  or  persons  or  body  corporate,  or  to 
any  municipal  corporation,  whether  town  or  precinct  in  this  state. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  on'pass^a^^e*!* 

[Approved  March  14,  1913.] 


CHAPTER  316. 

AN  ACT  TO  LEGALIZE  THE  TOWN  MEETING  OF  THE  TOWN  OP  KENSING- 
TON HELD  NOVEMBER  5tH,  1912. 

Section  I    Section 

1.     Meeting  legalized.  '         2.     Takes  effect  on  passage. 

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

Section  1.     The  town  meeting  of  the  town  of  Kensington  held  Meeting  legalized. 
on  the  fifth  day  of  November,  A.  D.  1912,  is  hereby  legalized. 

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

^  -^  "  on   passage. 

[Approved  March  14,  1913.] 


CHAPTER  317. 


AN  ACT  EXEMPTING  FROM  TAXATION  THE  DANIEL  WEBSTER  BIRTHPLACE. 
Section    1.     Property  exempted. 

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

Section  1.     That  the  Daniel  Webster  birthplace  at  Franklin,  N.  Property 

Gxcinptcd. 

H.,  having  been  purchased  by  the  Webster  Birthplace  Association 
for  the  sole  purpose  of  preserving  the  same  in  suitable  manner  for 
Ihe  benefit  of  the  people  and  said  association  having  provided  that 
the  same  should  revert  to  the  City  of  Franklin  whenever  said  asso- 
ciation should  fail  to  properly  care  for  the  same,  is  hereby  ex- 
empted from  taxation  together  with  any  fund  that  may  be  raised 
for  the  perpetual  care  thereof  by  said  association. 

[Approved  March  14,  1913.] 

27 


876 


Chapters  318,  319. 


[1913 


CHAPTER  318. 

AN  ACT  EXEMPTING  FROM  TAXATION  THE  PROPERTY  OP  THE  FRANKLIN 
ARMORY  ASSOCIATION  OF  FRANKLIN. 


Property 
exempted 


Section 

1.     Property   exempted. 


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.     The  real  and  personal  property  of  the  Franklin 

Armory  Association  of  Franklin,  shall  be  and  hereby  is  exempt 

from  taxation  so  long  as  said  property  is  occupied  exclusively  as 

an  armory  by  military  organizations  under  the  authority  of  the 

State  of  New  Hampshire  or  the  United  States. 

Repealing  clause;      Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  the  pro- 
act   takes   effect  ^  ii-  inija? 

on  passage.  visions  of  this  act  are  hereby  repealed  and  this  act  shall  take  ettect 

upon  its  passage. 


[Approved  March  14,  1913.] 


CHAPTER  319. 


May   act    as 
trustee. 


Takes   effect 
on   passage. 


AN  ACT  IN  AMENDMENT  OF  "  AN  ACT  TO  INCORPORATE  THE  NEW 
HAMPSHIRE  MISSIONARY  SOCIETY,"  APPROVED  JUNE  13,  1807,  AND 
AMENDMENTS  THERETO  APPROVED  JULY"  7,  1877,  JULY  1,  1879,  AND 
JULY  16,  1885. 


Section 

1.     May  act  as  trustee. 


Section 

2.      Takes  effect  on   passage. 


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

Section  1.  Said  corporation  is  also  authorized  and  empowered 
to  act  as  trustee  of  any  estate  or  fund,  to  which  it  may  be  ap- 
pointed by  any  court  in  this  state,  and  shall  have  the  same  powers 
and  be  subject  to  the  same  restrictions  as  are  granted  to  and  im- 
posed upon  the  individuals  appointed  as  trustee,  except  that  it 
shall  not  be  required  to  furnish  any  surety  upon  its  bond  unless 
the  court,  having  jurisdiction  of  the  matter,  shall  deem  such  surety 
necessary. 

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

[Approved  March  14,  1913.] 


1913] 


Chapters  820,  321. 
CHAPTER  320. 


877 


AN   ACT   RELATING   TO   THE  PINE  PARK   ASSOCIATION. 


Section 

1.  Exemption  from  taxation. 

2.  Municipal  cooperation. 


Sectiok 

3.     Takes  effest  on  passage. 


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

Section  1.     The  Pine  Park  Association,  a  corporation  organized  Exemption   from 
under  the  Public  Statutes,  shall  be  exempt  from  taxation  upon  its  ^^^  ^^^' 
property  or  any  part  thereof  situated  in  the  town  of  Hanover  dur- 
ing such  time  as  the  same  is  devoted  solely  to  public  purposes. 

Sect.  2.     The  village  precinct  of  Hanover  is  hereby  authorized  Municipal  co- 
and  empowered  to  take  part,  join  and  co-operate  in  the  manage-  °^^^^  ^°^' 
raent,  control  and  possession  of  the  real  estate  of  the  Pine  Park 
Association  which  may  be  devoted  to  public  purposes. 

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


on  passage. 


[Approved  March  14,  1913. 


CHAPTER  321. 


AN  ACT  TO  INCORPORATE   THE  HARUGARI  CLUB  OP   MANCHESTER,   NEW 

HAMPSHIRE. 


Section 

1.  Corporation  constituted. 

2.  Payment  of  benefits. 

3.  May  conduct  entertainments. 


Section 

4.  Right   to  hold  property. 

5.  First  meeting. 

6.  Takes  eflfect  on  passage. 


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

Section  1.  Albert  Arzt,  Charles  Gaudes.  Oscar  Kleiner.  Louis  Corporation 
Gersbacher  and  Harry  Gellrich,  their  associates  and  successors, '"'"^*"''*^'^- 
be  and  hereby  are  made  a  body  politic  and  corporate  by  the  name 
of  The  Harugari  Club,  of  Manchester,  N.  H.,  for  fraternal  charit- 
able, benevolent,  and  social  purposes;  and  by  that  name  may  sue 
and  be  sued,  prosecute  and  defend  to  final  judgment  and  execu- 
tion, and  shall  have  all  the  powers,  rights,  duties,  and  liabilities 
of  similar  corporations. 

Sect.   2.     Said   corporation   may   enact   by-laws   providing   for  Payment  of 
the  payment  of  benefits  to  those  of  its  members  who  may  become  ^^"^^^^- 


878 


Chapter  322. 


[1913 


Entertainments. 


Right  to  hold 
property. 


First    meeting. 


Takes   effect 
on   passage. 


sick,  and  for  the  payment  of  funeral  expenses  of  those  of  its 
members  who  may  die. 

Sect.  3.  Said  corporation  may  conduct  musical,  literary,  dra- 
matic and  social  entertainments. 

Sect.  4.  Said  corporation,  for  the  purposes  aforesaid,  may 
purchase,  take,  lease,  and  hold  by  deed,  gift,  or  otherwise,  real  and 
personal  estate  to  an  amount  not  exceeding  twenty  thousand  (20,- 
000)  dollars,  and  may  improve,  encumber,  lease,  sell,  and  convey,  or 
otherwise  dispose  of  the  same  at  pleasure. 

Sect.  5.  The  first  two  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  such  meeting. 

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

[Approved  March  14,  1913.] 


CHAPTER  322. 


AN    ACT    TO    INCORPORATE    THE    TURNER'S    RELIEF    SOCIETY    OP     MAN- 
CHESTER, N.  H. 


Section 

1.  Corporation  constituted. 

2.  Payment  of  benefits. 

3.  May   conduct    entertainments. 


Section 

4.  Right  to  hold  property. 

5.  First  meeting. 

6.  Takes  effect  on  passage. 


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


Corporation 
constituted. 


Payment   of 
benefits. 


Entertainments. 


Right  to  hold 
property. 


Section  1.  Emil  Zeuner,  Julius  B.  Hoffman,  Fred  L.  Krauss, 
Carl  Schuff  and  G.  Matzenauer,  their  associates  and  successors,  be 
and  hereby  are  made  a  body  politic  and  corporate  by  the  name  of 
the  Turner's  Relief  Society,  of  Manchester,  N.  H.,  for  fraternal, 
charitable,  benevolent,  and  social  purposes ;  and  by  that  name  may 
sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and  exe- 
cution, and  shall  have  all  the  powers,  rights,  duties  and  liabilities 
of  similar  corporations. 

Sect.  2.  Said  corporation  may  enact  by-laws  providing  for  the 
payment  of  benefits  to  those  of  its  members  who  may  become  sick, 
and  for  the  payment  of  funeral  expenses  of  those  of  its  members 
who  may  die. 

Sect.  3.  Said  corporation  may  conduct  musical,  literary,  dra- 
matic, and  social  entertainments. 

Sect.  4.  Said  corporation,  for  the  purposes  aforesaid,  may  pur- 
chase, take,  lease  and  hold  by  deed,  gift,  or  otherwise,  real  and 
personal  estate  to  an  amount  not  exceeding  five  thousand  (5,000) 


1913] 


Chapter  323. 


879 


dollars,  and  may  improve,  encumber,  lease,  and  convey,  or  other- 
wise dispose  of  the  same  at  pleasure. 

Sect.  5.     The  first  two  persons  named  in  this  act  may  call  the  First  meeting, 
first  meeting  of  said  corporation  by  giving  notice  to  each  of  the 
others  at  least  two  daj's  before  the  date  of  such  meeting. 

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

on  passage. 

[Approved  March  14,  1913.] 


CHAPTER  323. 


AN  ACT  TO  INCORPORATE  THE  WORKINGMEN  S  RELIEF  SOCIETY  OF  MAN- 
CHESTER, N.  H. 


Section 

1.  Corporation  constituted. 

2.  Payment  of  benefits. 

3.  May   conduct    entertainments. 


Section 

4.  Right  to  hold  property. 

5.  First   meeting. 

6.  Takes  effect  on  passage. 


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

Section  1.  Eugene  F.  W.  Birsner,  Emil  Kiihnel,  Herman  Corporation 
Rodelsperger,  Herman  Fisher,  and  Carl  H.  Schloth,  their  associates '^°'^^  i  u  e  . 
and  successors,  be  and  hereby  are  made  a  body  politic  and  corporate 
by  the  name  of  the  Workingmen's  Relief  Society,  of  Manchester, 
N.  H.,  for  fraternal,  charitable,  benevolent,  and  social  purposes ; 
and  by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to 
final  judgment  and  execution,  and  shall  have  all  the  powers,  rights, 
duties,  and  liabilities  of  similar  corporations. 

Sect.    2.     Said   corporation   may   enact   by-laws   providing   for  Payment  of 
the  payment  of  benefits  to  those  of  its  members  who  may  become 
sick,  or  in  need,  and  for  the  payment  of  funeral  expenses  of  those 
of  its  members  who  may  die. 

Sect.  3.     Said  corporation  may  conduct  musical,  literary,  dra-  Entertainments. 
matic,  and  social  entertainments. 

Sect.  4.     Said  corporation,  for  the  purposes  aforesaid,  may  pur-  Right  to  hold 
chase,  take,  lease  and  hold  by  deed,  gift,  or  otherwise,  real  and  ^^°^"  ^' 
personal  estate  to  an  amount  not  exceeding  twenty  thousand  (20,- 
000)  dollars,  and  may  improve,  encumber,  lease,  sell,  and  convey,  or 
otherwise  dispose  of  the  same  at  pleasure. 

Sect.  5.     The  first  two  persons  named  in  this  act  may  call  the  First  meeting. 
first  meeting  of  said  corporation  by  giving  notice  to  each  of  the 
others  at  least  two  days  before  the  date  of  such  meeting. 

Sect.  6.     This  act  shall  take  effect  upon  its  passage.  on'^pls^age* 


[Approved  March  14,  1913.] 


880 


Chapter  324. 


[1913 


Corporation 
constituted. 


Payment    of 
benefits. 


Entertainments. 


Right    to    hold 
property. 


First    meeting. 


Takes   effect 
on    passage. 


CHAPTER  324. 

AN    ACT    TO    INCORPORATE    THE    BAYERISCHER    KRANKEN-UNTERSTUT- 
ZUNGS-VEREIN  OF   MANCHESTER,  N.   H. 


Section 

1.  Corporation   constituted. 

2.  Payment  of  benefits. 

3.  May  conduct  entertainments. 


Section 

4.  Right  to  hold  property. 

5.  First  meeting. 

6.  Takes  effect   on  passage. 


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

Section  1.  Herman  Schloth,  Karl  H.  Schloth,  Andreas  Zim- 
merer,  George  Hannemann  and  Max  Hager,  their  associates  and 
successors,  be  and  hereby  are  made  a  body  politic  and  corporate 
by  the  name  of  the  Bayerischer  Kranken-Unterstiitzungs-Verein,  of 
Manchester,  N.  H.,  for  fraternal,  charitable,  benevolent,  and  social 
purposes;  and  by  that  name  may  sue  and  be  sued,  prosecute  and 
defend  to  final  judgment  and  execution,  and  shall  have  all  the 
powers,  rights,  duties,  and  liabilities  of  similar  corporations. 

Sect.  2.  Said  corporation  may  enact  by-laws  providing  for  the 
payment  of  benefits  to  those  of  its  members  who  may  become  sick, 
and  for  the  payment  of  funeral  expenses  of  those  of  its  members 
who  may  die. 

Sect.  3.  Said  corporation  may  conduct  musical,  literary,  dra- 
matic, and  social  entertainments. 

Sect.  4.  Said  corporation,  for  the  purposes  aforesaid,  may  pur- 
chase, take,  lease  and  hold  by  deed,  gift,  or  otherwise,  real  and 
personal  estate  to  an  amount  not  exceeding  fifteen  hundred  (1500) 
dollars,  and  may  improve,  encumber,  lease,  sell,  and  convey,  or 
otherwise  dispose  of  the  same  at  pleasure. 

Sect.  5.  The  first  two  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  such  meeting. 

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


[Approved  March  14,  1913. 


1913]  Chapters  325,  326.  ,  881 

CHAPTER  325. 

AN  ACT  AUTHORIZING  THE  TOWN  OF  BELMONT  TO  REFUND  ITS  BONDED 

INDEBTEDNESS. 

Section  j  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.  That  the  town  of  Belmont  is  hereby  authorized  and  Authority  granted. 
empowered  to  refund  its  bonded  indebtedness  incurred  in  the 
purchase  of  the  rights  and  franchises  of  the  Belmont  Aqueduct 
Co.  in  the  year  1893,  by  an  issue  of  bonds  or  notes  payable  at  such 
times  and  at  such  rates  of  interest  as  may  be  thought  proper  and 
may  exempt  such  bonds  or  notes  from  taxation  when  held  by  the 
residents  of  the  town. 

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

on   passage. 

[Approved  March  14,  1913.] 


CHAPTER  326. 


AN  ACT  TO  INCORPORATE  SOUHEGAN  TRIBE  NO.  49  IMPROVED  ORDER  OP 
RED  MEN  OF  WILTON,  N.  H. 


Section 

1.  Corporation    constituted. 

2.  Right  to  hold  property. 


Section 

3.  First  meeting. 

4.  Takes   effect   on   passage ;    subject   to 

repeal. 


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

Section  1.  John  T.  Smith,  Henry  V.  Tuttle,  George  F.  Gil- ^"^p'I^^J^"^'^ 
patric,  Warren  E.  Foster,  John  H.  Barry,  Henry  P.  Herlihy, 
Frank  W.  Tolford,  and  their  associate  members  of  said  tribe  and 
their  successors,  be  and  hereby  are  made  a  body  politic  and  cor- 
porate by  the  name  of  Souhegan  Tribe  No.  49,  Improved  Order 
of  Red  Men  of  "Wilton,  N.  H.,  for  fraternal  and  social  purposes. 
They  shall  have  all  the  powers,  rights,  and  duties  of  similar  cor- 
porations and  may  make  such  by-laws  and  regulations  as  they  are 
authorized  to  make  by  the  great  council  of  the  order,  not  incon- 
sistent with  the  laws  of  the  state. 


882 


Chapter  327. 


[1913 


Right  to  hold 
property. 


First    meeting 


Takes  effect  on 
passage ;  subject 
to   repeal. 


Sect.  2.  Said  corporation  may  purchase,  take  and  hold  by  deed, 
gift,  bequest,  devise,  or  otherwise,  real  and  personal  estate  for  the 
purpose  of  the  corporation  to  an  amount  not  exceeding  five  thou- 
sand dollars,  and  may  improve,  sell,  and  convey,  or  otherwise  dis- 
pose of  the  same  at  pleasure. 

Sect.  3.  Any  three  of  the  persons  herein  named,  may  call  the 
first  meeting  of  the  corporation  at  such  time  and  place  and  in 
such  manner  as  they  may  think  proper. 

Sect.  4.  This  act  shall  take  effect  upon  its  passage,  and  the 
legislature  may  alter,  amend,  or  repeal  the  same  whenever  the 
public  good  may  require. 


[Approved  March  14,  1913. 


CHAPTER  327. 


AN  ACT  TO  AMEND  SECTION  51  OF  CHAPTER  305  OF  THE  LAWS  OF  1909, 
IN  RELATION  TO  THE  COMPENSATION  OF  ALDERMEN  OF  THE  CITY  OF 
CONCORD. 


Section 

1.      Salaries   of    aldermen. 


Section 

2.     Takes  effect  on  passage. 


Salaries    of 
aldermen. 


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

Section  1.  Amend  said  section  51  of  chapter  305  of  the  Laws 
of  1909  by  inserting  after  the  word  "annum"  in  the  fifth  line 
the  words  Each  alderman  who  is  a  member  of  the  committee  on 
accounts  and  claims  shall  receive  the  sum  of  $10  additional,  so 
that  said  section  as  amended  shall  read  as  follows :  Sect.  51.  The 
salary  of  the  mayor  shall  be  fifteen  hundred  dollars  per  annum, 
payable  monthly.  The  salary  of  each  alderman  who  is  a  member 
of  the  board  of  public  works  shall  be  two  hundred  dollars  per 
annum,  and  the  salary  of  each  alderman  not  a  member  of  the 
latter  board  seventy-five  dollars  per  annum.  Each  alderman  who 
is  a  member  of  the  committee  on  accounts  and  claims  shall  receive 
the  sum  of  $10  additional.  The  salaries  of  the  aldermen  shall  be 
payable  at  the  end  of  each  financial  year.  There  shall  be  deducted 
from  the  salary  of  each  alderman  the  sum  of  three  dollars  for  each 
regular  or  special  meeting  of  the  board  of  aldermen,  and,  if  a 
member  of  the  board  of  public  works,  for  each  regular  or  special 
meeting  of  the  latter  board,  which  the  record  of  the  city  clerk 
shall  show  he  failed  to  attend ;  except  that  a  member  of  either  board 
may  be  excused  for  unavoidable  non-attendance  at  any  of  its  meet- 


1913]  Chapter  328.  883 

ings,  by  vote  of  a  majority  of  the  members  thereof,  and  no  deduc- 
tion shall  be  made  on  account  of  such  non-attendance  if  such  excuse 
is  voted.  But  engagements  of  a  business  or  social  nature  shall  not 
constitute  a  ground  for  such  excuse.  Unless  otherwise  provided 
by  this  act  or  by  other  statutes  not  hereby  repealed  or  superseded, 
the  compensation  for  services  of  all  other  city  and  ward  officers, 
except  appointees  and  employees  of  the  board  of  public  works,  may 
be  fixed  by  ordinance  or  determined  in  such  manner  as  the  city 
ordinances  may  prescribe. 

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

on   passage. 

[Approved  March  14,  1913.] 


CHAPTER  328. 


AN   ACT   IN    AMENDMENT   OF    CHAPTER   289,    LAWS    1907,    RELATING   TO 
THE  SALARIES  IN  THE  POLICE  DEPARTMENT  OP  THE  CITY  OF  BERLIN. 


Section 

1.     Maximum     salaries     of    members    of 
police   department. 


Section 

2.     Repealing  clause;  act  takes  eflfect  on 
passage. 


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

Section  1.  Amend  section  1  of  chapter  289  of  the  Laws  of  1907  Maximum  salaries 
by  striking  out  the  word  "eleven"  in  the  fifth  line  of  said  section"  p°'"^®- 
and  inserting  in  the  place  thereof  the  word  twelve ;  further  amend 
said  section  by  striking  out  the  words  "nine  hundred  and  twenty- 
five"  in  the  sixth  and  seventh  lines  of  said  section,  and  inserting 
in  the  place  thereof  the  words  eleven  hundred ;  and  further  amend 
said  section  by  striking  out  the  words  ' '  eight  hundred  and  twenty- 
five"  in  the  last  line  of  said  section,  and  inserting  in  the  place 
thereof  the  words  ten  hundred ;  so  that  said  section  as  amended 
shall  read  as  foUow^s:  Section  1.  On  and  after  the  first  day  of 
April,  nineteen  hundred  and  seven,  the  city  council  of  the  city  of 
Berlin  is  hereby  authorized,  on  recommendation  of  the  police  com- 
mission of  said  city,  to  determine  the  salaries  in  the  police  depart- 
ment of  said  city  as  hereinafter  specified :  city  marshal,  not  to  ex- 
ceed twelve  hundred  dollars  per  annum ;  assistant  marshal,  not  to 
exceed  eleven  hundred  dollars  per  annum;  police  officers,  not  to 
exceed  ten  hundred  dollars  per  annum. 

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

^      .  .  a;t  takes  effect 

are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  pas-  on  passage. 
sage. 

[Approved  March  14,  1913.] 


884  Chapter  329.  [3913 

CHAPTER  329. 

AN  ACT  TO  AUTHORIZE  THE  TOWN  OF  WHITBPIELD  TO  BOND  ITS  FLOAT- 
ING DEBT. 

Section  I   Section 

1.     Authority  granted.  '        2.     Takes  effect  on  passage. 

Be  it   enacted   by   the   Senate   and  House   of  Representatives  in 
General  Court  conve7ied: 

Authority  granted.  SECTION  1.  The  towii  of  Whitefield,  for  the  purpose  of  funding 
its  floating  debt,  may  issue  negotiable  notes  or  bonds  of  the  town  to 
an  amount  not  to  exceed  fifty  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  town  called  for  that  purpose,  and  said  notes  or  bonds,  when 
owned  by  residents  of  said  town  of  Whitefield,  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  board  of  selectmen,  or  by  a  majority  thereof, 
and  countersigned  by  the  treasurer  of  said  town,  and  they  shall 
have  the  seal  of  the  town  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  provi- 
sions 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. 

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


en   passage. 


[Approved  March  14,  1913.] 


1913]  Chapter  330.  885 

CHAPTER  330. 

AN    ACT    DEFINING    THE    POWERS    OF    THE    KEENE    GAS    AND    ELECTRIC 

COMPANY. 


Section 

1.  Conveyance   confirmed. 

2.  Leases   authorized. 

3.  Conveyance  authorized. 


Section 

4.     Application    limited;    takes   effect   on 
passage. 


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

Section   1.     The   conveyance   bv  the   Keene   Gas   and   Electric  <^°"r^^^<=« 

"  confirmed. 

Company  to  the  Ashnelot  Gas  and  Electric  Company  of  certain 
properties,  rights  and  franchises  in  Cheshire  county  by  deed  dated 
November  1,  1911,  is  hereby  approved  and  confirmed. 

Sect.  2.  The  Keene  Gas  and  Electric  Company  is  hereby  au-  Leases  authorized. 
thorized  to  lease  from  any  corporation,  firm,  association  or  indi- 
vidual any  property,  rights  or  franchises  used  or  adapted  for  use 
in  the  business  in  which  said  company  is  authorized  to  engage,  and 
any  such  corporation,  firm,  association  or  individual  is  hereby  au- 
thorized to  make  such  lease  to  said  company  upon  such  terms  as 
may  be  agreed  upon  by  the  parties  to  such  lease  and  approved  by 
the  public  service  commission.  The  lease  to  said  company  from  the 
Ashuelot  Gas  and  Electric  Company,  dated  November  1,  1911, 
having  been  duly  approved  by  the  public  service  commission,  is 
hereby  confirmed.  In  connection  with  any  such  lease  the  Keene 
Gas  and  Electric  Company  is  authorized  to  guarantee  the  payment 
of  dividends  or  interest  upon  stocks,  bonds  or  notes  of  any  such 
lessor  and  also  the  principal  thereof. 

Sect.  3.  The  Keene  Gas  and  Electric  Company  is  hereby  au-  Conveyance 
thorized  to  convey  to  the  Ashuelot  Gas  and  Electric  Company  the 
property,  rights  and  franchises  purchased  by  said  Keene  company 
from  the  town  of  Peterborough  and  conveyed  to  it  by  deed  dated 
June  1,  1912,  upon  such  terms  as  may  be  agreed  upon  between  said 
companies  and  approved  by  the  public  service  commission ;  and  the 
Keene  Gas  and  Electric  Company  is  hereby  authorized  to  engage 
in  the  business  of  supplying  gas  and  electricity  for  light,  heat  and 
power  and  other  purposes  in  the  town  of  Peterborough  and  in  any 
other  city  or  town  in  which  it  may  be  duly  licensed  by  public 
authority  under  statutes  now  or  hereafter  in  force. 

Sect.  4.     Nothing  in  this  act  contained  shall  limit  or  affect  any  Application 
statute  now  or  hereafter  in  force  for  the  regulation  of  any  public  effect  on  passage. 
utility  named  or  referred  to  herein ;  and  this  act  shall  take  effect 
upon  its  passage. 

[Approved  March  14,  1913.] 


886 


Chapters  331,  332. 


[1913 


CHAPTER  331. 

AN    ACT    TO    AMEND    CHAPTER    3    OF    THE    L.VWS    OP    1823    RELATIVE    TO 
THE  CHARTER  OF  THE  NEW  HAMPSHIRE  HISTORICAL  SOCIETY. 


Section 

1.      Corporate  powers  enlarged. 


Section 

2.     Takes  effect  on   passage. 


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

Powers  enlarged.  SECTION  1.  That  section  2  of  chapter  3  of  Laws  of  1823  be 
amended  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following : — Sect.  2.  That  in  addition  to  the  real  and  personal 
property  held  and  used  by  said  corporation  for  the  purposes  afore- 
said, and  in  addition  to  its  library  and  other  collections,  said 
corporation  may  receive  by  gift,  grant,  devise,  or  otherwise,  and 
may  hold,  possess  and  enjoy  real  and  personal  estate  to  an  amount 
which  produces  a  net  annual  income  not  to  exceed  tifty  thousand 
dollars. 

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


Takes   effect 
on   passage. 


[Approved  March  19.  1913. 


CHAPTER  332. 

AN  ACT  IN  amendment  AND  ADDITION  TO  CHAPTER  251  OF  THE  LAWS 
OF  1901,  ENTITLED,  ' '  AN  ACT  TO  AUTHORIZE  THE  GRANITE  STATE 
LAND  COMPANY  TO  CONSTRUCT  AND  MAINTAIN  A  BRIDGE  ACROSS 
HAMPTON   RIVER  AND  FOR  OTHER  PURPOSES." 


Sale  of  bridge 
authorized. 


Section 

1.  Sale  of  bridge  authorized. 

2.  Purchase   authorized. 

3.  Rights    of    purchaser. 


Section 

4.  Application  of  act. 

5.  Takes  effect  on  passage. 


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

Section  1.  The  Granite  State  Land  Company  is  hereby  au- 
thorized to  sell  and  convey  to  the  Seabrook  &  Hampton  Beach 
Street  Railway  Company,  or  to  such  other  railway  as  may  then 
be  occupying  or  operating  its  cars  over  the  same,  the  bridge  across 
Hampton  river  built  in  accordance  with  the  terms  of  said  act,  its 
approaches  and  the  property  appurtenant  thereto. 


1913] 


Chapter  333. 


887 


Sect.  2.     The  Seabrook  &  Hampton  Beach  Street  Railway  Com- Purchase 

.  .  authorized. 

pany,  or  the  street  railway  occupying  or  operating  its  cars  over 
the  bridge  at  the  time,  is  hereby  empowered  to  purchase  said 
bridge,  its  approaches  and  property  appurtenant  thereto,  and  may 
issue  its  stock  and  bonds  necessary  for  the  purpose  in  such  amounts 
and  in  such  manner  as  may  be  approved  by  the  public  service  com- 
mission. 

Sect.   3.     Such  purchaser  shall  succeed  to  all  the  rights  and  Rights  of 

-11      purchaser. 

privileges  of  the  Granite  State  Land  Company  m  and  upon  the 
said  bridge,  its  approaches  and  property  appurtenant  thereto  and 
shall  be  subject  to  all  the  conditions  and  liabilities  provided  in 
and  by  the  said  act. 

Sect.  4.     The  provisions  of  this  act  shall  also  apply  to  the  mort-  Application  of  act. 
gage  bondholders,  and  the  mortgage  authorized  by  section  9,  of 
said  act  shall  include  all  the  rights  and  privileges,  subject,  however 
to  the  provisions  and  conditions  in  said  act  contained. 

Sect.  5.     This  act  shall  take  effect  upon  its  passage.  Jn^pLsfge.* 

[Approved  March  19,  1913.] 


CHAPTER  333. 


AN  act  authorizing  THE  PACIFIC  MILLS  TO  EXERCISE  THE  POWERS 
CONFERRED  BY  CHARTER  TO  THE  COCHECO  MANUFACTURING  COM- 
PANY AND  TO  TRANSMIT  ELECTRICITY. 


Section 

1.  Authority  granted. 

2.  Electric   plants   authorized. 

3.  Cables  in  certain  rivers. 


Section 

4.  Transmission  of  current. 

5.  Takes  effect  on  passage. 


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

Section  1.  That,  whereas  the  said  Cocheco  Manufacturing  Authority  granted. 
Company  has  conveyed  and  assigned  its  entire  property,  assets  and 
good  will  to  the  Pacific  Mills,  a  corporation  duly  established  by 
law  and  doing  business  at  Dover,  New  Hampshire,  the  said  Pacific 
Mills  is  hereby  authorized  and  empowered  to  exercise  all  powers 
and  privileges  granted  the  Cocheco  Manufacturing  Company  by 
its  charter  and  the  amendments  thereto. 

Sect.  2.     The  Pacific  Mills  is  hereby  empowered  and  authorized  Electric  plants 
to  construct  and  maintain  a  plant  or  plants  and  the  necessary  ap-  " 

purtenances  thereto,  for  the  purpose  of  producing  electricity  at  any 


authorized. 


888 


Chapter  334. 


[1913 


place  or  places  which  it  may  or  shall  possess  on  or  near  the  Cocheco 
and  Isinglass  rivers  or  either  of  them  in  the  County  of  Strafford 
in  said  state. 
Cables  in  rivers.  Sect.  3.  Said  Pacific  Mills  may  lay  suitable  cables  upon  the 
bed  of  said  Cocheco  and  Isinglass  rivers  and  of  any  streams  flow- 
ing into  the  Cocheco  and  Isinglass  rivers  from  bank  to  bank  to  be 
used  for  the  transmission  of  electric  currents  and  may  use  any 
other  method  or  appliances  for  transmission  of  said  current  across 
said  rivers  and  streams, 
of  Sect.  4.  Said  Pacific  Mills  may  transmit  to  its  mills  in  the  city 
of  Dover  the  electricity  developed  at  said  places  mentioned  in 
section  2  by  metallic  wires  or  any  other  suitable  means  of  trans- 
mitting the  same  upon  poles  or  in  subterranean  .pipes  or  boxes 
placed  in  the  public  streets,  highways  or  other  places  in  such 
cities  and  towns  of  New  Hampshire  as  may  be  necessary,  the  con- 
sent of  the  authorities  of  such  towns  and  cities  being  first  obtained 
as  required  by  law.  ^ 

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

[Approved  March  19,  1913.] 


Transmission 
current. 


Takes   effect 
on   passage. 


CHAPTER  334. 


AN   ACT  TO  INCORPORATE  THE  UNITED  LIFE  AND  ACCIDENT  INSURANCE 

COMPANY. 


Section 

1.  Corporation  constitiited ; 

2.  Capital   stock. 

3.  First   meeting. 

4.  Government. 


Section 

5.  Right  to  reinsure. 

6.  Subject  to  general  laws. 

7.  Subject    to    repeal ;    takes    effect    on 

passage. 


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

Corporation   con-      SECTION  1.     That  William  F.  Thayer,  Edson  J.  Hill,  Charles  L. 

stituted;  purposes,  j^^i^^^^j^^  William  A.  Stone,  John  H.  Brown,  S.  W.  Jameson  and 
Allen  Hollis,  and  their  associates,  successors  and  assigns  be  and 
they  hereby  are  constituted  a  corporation  by  the  name  of  the 
United  Life  and  Accident  Insurance  Company,  to  be  located  at 
Concord  or  Manchester  in  this  state  as  may  be  determined  by 
majority  vote  of  the  incorporators  or  stockholders,  with  authority 
to  insure  persons  against  loss  of  life,  illness,  or  personal  injury 
resulting  from  any  cause;  to  make  contracts  for  endowments;  to 


1913]  Chapter  334.  88a 

grant  and  purchase  annuities ;  to  insure  persons  and  corporations 
against  loss  on  account  of  liability  to  others  for  personal  injuries, 
fatal  or  otherwise ;  to  issue  and  become  surety  upon  official,  indem- 
nity and  other  bonds ;  and  in  general  to  conduct  the  business  of 
life,  health,  casualty,  liability  and  indemnity  insurance,  in  any  or 
all  its  branches,  with  all  the  powers  and  privileges  necessary  for 
the  convenient  exercise  of  the  authority  hereby  conferred,  includ- 
ing the  power  to  invest  its  funds  in  real  estate,  personal  property 
and  securities,  subject  to  such  limitations  as  may  be  provided  by 
law,  and  to  manage,  convey,  mortgage,  and  pledge  the  same  or 
any  part  thereof  as  required  in  the  transaction  of  its  business. 

Sect.  2.  The  capital  stock  of  said  corporation  shall  be  such  Capital  stock, 
sum  not  less  than  tw^o  hundred  thousand  dollars  or  more  than  five 
hundred  thousand  dollars  as  may  be  fixed  by  the  incorporators  at 
their  meeting  for  organization  or  any  adjournment  thereof;  and 
thereafter  the  stockholders  of  said  corporation  shall  have  author- 
ity to  increase  or  decrease  the  capital  stock  within  the  limits 
above  specified  in  the  same  manner  as  now  or  hereafter  provided 
by  law  for  voluntary  corporations  organized  under  the  laws  of 
this  state. 

Sect.  3.  The  first  meeting  of  said  incorporators  for  organiza- ^irst  meeting. 
tion  and  all  other  purposes  within  their  power  as  conferred  by 
law  shall  be  held  at  such  time  and  place  as  may  be  agreed  upon 
by  written  stipulation  signed  by  all  the  incorporators  or  as  may 
be  specified  in  a  written  notice  signed  by  any  three  incorporators 
and  mailed  not  less  than  seven  days  before  the  date  of  such  meet- 
ing to  all  the  other  incorporators,  directed  to  their  last  known 
post-office  address.  A  majority  of  the  incorporators  shall  con- 
stitute a  quorum  at  any  meeting  thereof.  Said  meeting  may  ad- 
journ to  a  fixed  date  or  subject  to  such  notice  as  it  may  specify. 
At  such  meeting  or  any  adjournment  thereof,  by-laws  may  be 
adopted  by  majority  vote,  which  shall  govern  the  aflPairs  of  the 
corporation,  and  shall  specify  the  method  by  which  they  may 
be  subsequently  amended. 

Sect.  4.     The  affairs  of  said  corporation  shall  be  under  the  Government. 
general  direction  of  a  board  of  not  less  than  eleven  directors, 
who  may  choose  from  their  number  an  executive  committee  of 
not  less  than  three,  with  such  powders  as  may  be  conferred  upon 
it  by  the  by-laws. 

Sect.  5.     Said  corporation  may  reinsure  any  and  all  risks  un-  Reinsurance. 
dertaken  by  it  upon  such  conditions  as  may  be  prescribed  by  the 
directors. 

Sect.  6.     Said  corporation  shall  be  subject  to  all  laws  regulat-  subject  to  gener^ 
ing  the  conduct  of  the  business  conducted  by  it  as  now  existing ''^^^' 
or  hereafter  enacted.    Unless  otherwise  provided  by  law,  it  shall 


890 


Chapters  335,  336. 


[1913 


be  liable  to  taxation  in  the  manner  now  provided  for  stock  fire 
insurance  companies  incorporated  under  the  laws  of  this  state. 
Subject  to  repeal;      Sect.  7.     This  charter  is  subject  to  amendment,  alteration,  or 
passage.  repeal  at  the  pleasure  of  the  general  court ;  and  this  act  shall 


take  effect  upon  its  passage. 
[Approved  March  20,  1913. 


CHAPTER  335. 

AN  ACT  TO  ANNEX   A  HOMESTEAD  TO  THE  UNION   SCHOOL  DISTRICT   OF 
THE    CITY   OF    CONCORD. 


Section 

1.     Homestead  severed  and  annexed. 


Section 

2.     Takes  effect  on  passage. 


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

Homestead  severed      SECTION  1.     That  the  homestcad  of  John  B.  Hammond  be,  and 
and  annexed.        -^  hereby,  scvcrcd  from  the  Town  School  District  of  the  city  of 

Concord  and  annexed  to  the  Union  School  District  of  the  city 

of  Concord  for  school  purposes. 
Takes  effect  Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

on   passage. 

[Approved  March  26,  1913.] 


CHAPTER  336. 


Exemption 
authorized. 


AN  ACT  AUTHORIZING  THE  TOWN  OF  PLYMOUTH  TO  EXEMPT  FROM 
TAXATION  THE  RESIDENCE  OF  THE  LATE  C.  M.  MORSE  WITH  ADDITIONS 
AND  IMPROVEMENTS  TO  BE  MADE  FOR  HOTEL  PURPOSES. 


Section 

1.     Exemption   authorized. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.  That  the  special  town  meeting  holden  at  Plymouth 
on  the  twenty-third  day  of  May,  1912,  voting  to  exempt  from  tax- 
ation the  residence  of  the  late  C.  M.  Morse  with  additions  and 
improvements  to  be  made  for  a  term  of  ten  years  from  the  date 


1913] 


Chapter  337. 


891 


of  its  opening  as  a  hotel  be,  and  the  same,  hereby  is  ratified,  eon- 
firmed,  approved  and  legalized,  and  that  the  assessors  shall  an- 
nually 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  the  state  and  county  tax. 

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

[Approved  March  26,  1913.] 


Takes   effect 
on   passage. 


CHAPTER  337. 


AN  ACT  IN  AMENDMENT  OF  SECTION  3,  CHAPTER  163,  SESSION  LAWS 
OP  1878  RELATING  TO  THE  ELECTION  OF  MEMBERS  OF  THE  SCHOOL 
COMMITTEE  IN  THE  CITY  OF  MANCHESTER. 


Section 

1.  Elections,  when  held. 

2.  "Who  entitled  to  vote. 

3.  Declarations  of  candidacy. 

4.  Ballots,  form  and  distribution  of. 

5.  No   party   designation. 

6.  Election    officers. 

7.  Checklists. 


Section 

8.  Rights   and  powers  of  board. 

9.  Preservation  of  ballots  and  checklist. 

10.  Plurality   to   elect. 

11.  Recount,    provisions   for. 

12.  Repealing  clause;   act  takes  effect  on 

passage. 


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

Section  1.     Each  of  the  several  wards  of  the  city  of  Manchester  Elections,   when 
shall  on  the  first  Tuesday  following  the  first  Monday  in  December,  ^  ' 

1914,  elect  one  member  of  the  school  committee  of  the  city  of  Man- 
chester whose  term  of  office  shall  be  from  the  first  Tuesday  of 
January,  1915,  to  the  first  Tuesday  of  January,  1916,  and  shall, 
on  the   first   Tuesday  following  the   first   Monday  in  November, 

1915,  and  biennially  thereafter,  elect  one  member  of  the  said  school 
committee  whose  term  of  office  shall  be  for  two  years  and  until 
another  has  been  chosen  and  qualified  in  his  or  her  stead. 

Sect.  2.  Every  inhabitant  of  each  ward  of  the  city  of  Man- who  entitled 
Chester,  whether  male  or  female,  being  a  native  or  naturalized*"  ^°'^' 
citizen  of  the  United  States  of  the  age  of  twenty-one  years  and 
upward  shall  have  a  right  to  be  a  candidate  and  to  vote  at  the 
election  of  members  of  the  school  committee,  in  the  ward  in  which 
said  inhabitant  dwells  and  has  had  his  or  her  home  for  at  least  three 
months  prior  to  said  election. 

Sect.  3.     Any  person  desiring  to  become  a  candidate  for  member  Declarations  of 
of  the  school  committee  shall  file  his  name  with  the  city  clerk  q^^^^^'^^'^^'- 
the  city  of  Manchester  within  the  first  fifteen  of  the  thirty  days 


28 


892 


Chapter  337. 


[1913 


No   party 
designation. 

Election    officers. 


Checklists. 


preceding  said  election,  stating  his  or  her  name  and  address,  and 
shall  deposit  with  said  city  clerk  the  sum  of  three  dollars  as  a 
registration  fee. 

Ballots.  Sect.  4.     The  city  clerk  shall  cause  ballots  to  be  printed  for 

each  and  every  ward  of  the  city  of  Manchester  containing  the 
names,  arranged  in  alphabetical  order,  of  all  the  candidates  who 
are  thereto  entitled,  according  to  sections  2  and  3  of  this  act,  and 
shall  deliver  to  the  moderator  or  other  officer  in  charge  of  said  elec- 
tion, within  one  hour  before  the  polls  open,  sixty  ballots  for  every 
fifty  names  that  shall  appear  on  the  check-list  to  be  used  at  said 
election. 

Sect.  5.  There  shall  not  be  any  party  designation  whatsoever 
on  the  ballot  to  be  used  at  said  election. 

Sect.  6.  Said  election  shall  be  in  charge  of  the  same  officers, 
shall  be  conducted  in  the  same  manner  and  shall  be  governed  by 
the  same  laws  as  the  biennial  election  and  all  laws  now  in  force 
or  hereinafter  enacted  relative  to  the  conduct  of  biennial  elections 
shall  be  in  force,  applicable  to  and  govern  the  election  of  members 
of  the  school  committee. 

Sect.  7.  The  checklist  to  be  used  at  said  elections  shall  be  pre- 
pared by  the  board  of  inspectors  of  checklists  for  the  city  of 
Manchester  in  the  same  manner  as  the  same  is  prepared  for  the 
biennial  election  and  all  laws  now  in  force  relative  to  their  duties 
at  the  biennial  elections  or  Avhich  may  hereafter  be  enacted  relative 
thereto,  shall  be  in  force  and  shall  govern  their  duties  in  regard 
to  the  election  of  members  of  the  school  committee  with  the  excep- 
tion as  to  sex  contained  in  section  1  of  this  act. 

Sect.  8.  The  board  of  school  committee  as  hereinabove  elected 
shall  have  the  rights  and  powers  and  be  entitled  to  the  same  priv- 
ileges and  emoluments  as  the  board  of  school  committee  of  the  city 
of  Manchester  now  has  or  may  hereafter  have. 

Sect.  9.  The  checklist  used  at  said  election  together  with  bal- 
lots duly  voted  shall  be  returned  by  the  officers  in  charge  of  the 
elections  to  the  city  clerk  and  preserved  hy  said  city  clerk  for  a 
period  of  sixty  days. 

Plurality  to  elect.      Sect.  10.     A  plurality  of  votcs,  shall  in  all  cases,  be  sufficient  to 
elect  a  member  of  the  school  committee. 

Recounts.  Sect.  11.     Any  candidate  desiring  a  recount  of  the  votes  cast 

in  his  ward  at  this  election  shall  notify  the  city  clerk  within  five 
days  after  said  election  and  shall  deposit  with  said  city  clerk  the 
sum  of  five  dollars  to  be  kept  by  said  city  clerk  as  a  fee  therefor. 
The  city  clerk  shall  set  a  date  for  the  recount  of  ballots  which  shall 
be  at  any  time  in  his  discretion  within  thirty  days  after  the  elec- 
tion; shall  notify  all  the  candidates  whose  names  appeared  on  the 
ballot  to  be  recounted  at  least  five  days  prior  to  said  recount  of 


Powers  of  board. 


Preservation   of 
ballots,  etc. 


1913]  Chapter  338.  893 

ballots  and  he  shall  have  full  charge  of  said  recount  and  his  decision 
in  relation  thereto  shall  be  final. 

Sect.  12.     So  much  of  chapter  163,  section  3  of  the  Laws  of  Repealing  clause; 
1878,  as  is  inconsistent  herewith,  and  all  acts  or  parts  of  acts  in-  on  passage. 
consistent  with  this  act  are  hereby  repealed  and  this  act  shall  take 
effect  upon  its  passage. 

[Approved  March  26,  1913.] 


CHAPTER  338. 


AN  ACT  TO  AMEND  THE  CHARTER  OP  THE  CITY  OF  DOVER  PROVIDING  FOR 
ADDITIONAL  WATER  FACILITIES. 

Section  Section 

1.  Acquisition  of  property   authorized.  3.     Takes  effect   on  passage. 

2.  Issue  of  bonds  authorized. 

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

Section  1.  That  section  18,  of  the  charter  of  the  city  of  Dover  Acquisition  of 
as  amended  by  chapter  170,  of  the  Laws  of  1889,  be  and  hereby  is  authorised. 
amended  by  striking  out  after  the  word  "  Rollinsford "  the  words 
"Somersworth  and  Madbury,  not  exceeding  in  value  the  sum  of 
sixty  thousand  dollars,"  and  by  inserting  in  place  thereof  the 
words,  Madbury,  Barrington,  and  the  city  of  Somersworth,  and 
by  striking  out  after  the  words  of  public  travel  the  remaining  por- 
tion of  said  section,  adding  instead  thereof  the  following :  The 
said  city  of  Dover  may  lay,  construct,  and  maintain,  all  necessary 
pipes  in  and  through  the  city  of  Rochester  for  the  purpose  of  con- 
ducting water  from  the  said  towns  of  Barrington,  and  Madbury, 
to  the  city  of  Dover,  and  may  dig  ditches,  break  up  ground  for  the 
laying,  relaying  and  maintaining  of  said  pipe  or  pipes  whenever 
the  same  may  become  necessary,  including  the  highways  and  streets 
of  said  city,  due  regard  being  paid  to  the  safety  of  the  citizens 
and  the  security  of  public  travel,  so  that  said  section  as  amended 
shall  read  as  follows:  Sect.  18.  Said  city  may  construct,  manage. 
and  own  suitable  water-works  for  the  purpose  of  introducing  an 
adequate  supply  of  water  for  extinguishing  fires,  for  the  use  of 
citizens  and  for  such  other  purposes  as  water  may  be  required 
in  said  city;  and  for  that  purpose  may  take,  purchase,  and  hold 
real  estate,  or  easements  therein  and  rights  of  water  for  said  works, 
in  the  city  of  Dover,  the  towns  of  Rollinsford,  Madbury,  Barring- 
ton and  -the  city  of  Somersworth,  and  erect,  construct,  and  maintain 
such  dams,  reservoirs,  and  buildings,  in  said  cities  and  towns,  as 


894 


Chapter  339. 


[1913 


Issue    of   bonds 
authorized. 


Takes  effect 
on   passage. 


may  be  necessary  for  such  water-works ;  and  dig  ditches,  break  up 
ground,  and  place  and  maintain  pipes  for  conducting  water  wher- 
ever it  may  be  necessary  in  said  cities  and  towns,  including  the 
highways  and  streets  thereof,  and  relay  and  change  said  pipes  from 
time  to  time,  due  regard  being  paid  to  the  safety  of  the  citizens 
and  security  of  public  travel.  The  said  city  of  Dover  may  lay, 
construct,  and  maintain  all  necessary  pipes  in  and  through  the  city 
of  Rochester,  for  the  purpose  of  conducting  water  from  the  said 
towns  of  Barrington  and  Madbury  to  the  said  city  of  Dover,  and 
may  dig  ditches,  break  up  ground  for  the  laying,  relaying  and 
maintaining  of  said  pipe  or  pipes,  whenever  the  same  may  become 
necessary,  including  the  highways,  and  streets  of  said  city,  due 
care  being  paid  to  the  safety  of  the  citizens,  and  security  of  public 
travel. 

Sect.  2.  That  section  21,  as  amended  by  chapter  170,  of  the 
Laws  of  1889,  be  and  hereby  is  amended  by  striking  out  after  the 
words  the  wiiole  sum  in  the  third  line  of  said  section  the  words 
"three  hundred  and  seventy-five  thousand  dollars,"  and  inserting 
instead  thereof  the  words  five  hundred  and  twenty-five  thousand  dol- 
lars, so  that  said  section  shall  read  as  follows :  Sect.  21.  The  said 
city  is  authorized  to  lew  taxes  to  defray  the  expenses  of  said  water- 
works, and  to  borrow  money,  not  exceeding  in  the  whole  the  sum 
of  five  hundred  and  twenty-five  thousand  dollars,  and  to  issue  the 
notes,  bonds,  or  other  obligations  of  the  city  therefor,  payable  at 
such  time  or  times,  and  on  such  interest  as  the  city  councils  shall 
determine  at  a  legal  meeting  of  the  city  councils  of  said  city,  and 
such  bonds,  and  notes,  or  other  obligations  shall  be  legal  and  bind- 
ing upon  said  city. 

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

[Approved  March  26,  1913.] 


CHAPTER  339. 


AN    ACT    TO    AMEND    THE    CHARTER   OF    THE    GORDON-NASH    LIBRARY    IN 

NEW  HAMPTON. 


Right    to    hold 
property. 


Section 

1.      Right  to   hold  property. 


Section 

2.      Takes   effect   on   passage. 


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

Section  1.  The  charter  of  the  Gordon-Nash  Library  of  New 
Hampton  granted  by  chapter  193  of  the  Laws  of  1887,  as  amended 
by  chapter  175  of  the  Laws  of  1895,  is  further  amended  by  striking 


1913]  Chapter  340.  895 

out  the  word  "fifty"  in  section  two,  and  inserting  in  place  thereof 
the  words,  one  hundred,  so  that  said  section  as  amended  shall  read : 
Sect.  2.  Said  corporation  shall  have  power  to  hold  by  devise, 
grant,  purchase,  or  otherwise,  real  and  personal  estate,  not  exceed- 
ing one  hundred  thousand  dollars  in  value. 

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

on   passage. 

[Approved  March  26,  1913.] 


CHAPTER  340. 


AN  ACT  AMENDING  THE  CHARTER  OP  THE  NASHUA  AND  HOLLIS  ELEC- 
TRIC RAILROAD  COMPANY  AND  EXTENDING  THE  TIME  FOR  THE  CON- 
STRUCTION  THEREOF. 


Section 

1.  Charter   amended. 

2.  Time  for  building  extended. 


Section 

3.     Takes  effect  on  passage. 


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

Section  1.  Amend  section  1,  chapter  249  of  the  Law's  of  1903,  Charter  amended, 
by  inserting  after  the  w^ords  "maintain  and  use  a  railroad,"  the 
words  for  the  transportation  of  passengers,  freight,  express  and 
mail,  as  amended  said  section  will  read.  [Section  1.]  That  Ed- 
ward Hardy,  Silas  M.  Spalding,  Charles  B.  Richardson,  Joseph 
Gates,  Charles  M.  Stratton,  Henry  G.  Cameron,  Elbridge  J.  Farley, 
Charles  A.  Colbuin,  George  B.  Cleasby,  Homer  Roby,  George  A, 
Ladd,  Charles  E.  Hardy,  George  S.  Hazard  and  Marcellus  J. 
Powers,  all  of  Hollis,  in  the  county  of  Hillsborough  and  state  of 
New  Hampshire,  their  associates,  successors  and  assigns,  are  hereby 
made  a  body  corporate  by  the  name  of  the  Nashua  &  Hollis  Electric 
Company,  with  power  to  construct,  maintain  and  use  a  railroad 
for  the  transportation  of  passengers,  freight,  express  and  mail, 
with  convenient  single  or  double  track,  with  necessary  and  con- 
venient sidings,  turnouts,  switches  and  side-tracks,  from  a  point 
at  the  Nashua  Street  Railway  on  Amherst  street  in  Nashua,  N.  H., 
where  Broad  street  intersects  said  Amherst  street ;  thence  westerly 
on  Broad  street,  and  the  main  road  from  Nashua  to  Hollis  to  a 
point  near  the  Congregational  church  in  Hollis  Center;  thence 
westerly  to  Main  street ;  thence  southerly  along  Main  street  to  the 
first  road  turning  to  the  right  south  of  the  present  homestead  of 
Jefferson  Farley ;  thence  southwesterly  following  said  last  men- 
tioned road  past  the  house  of  Samuel  A.  Worcester  to  a  point  where 


896 


Chapter  '341 . 


:;13 


Time   for   buildin 
extended. 


Takes   eflfect 
on   passage. 


said  road  crosses  the  state  line,  said  roads  being  situate  in  the  city 
of  Nashua  and  town  of  Hollis,  in  the  county  of  Hillsborough  and 
state  of  New  Hampshire :  And  to  erect  and  maintain  in  and  upon 
said  highways  or  bridges  and  such  public  and  private  land  as  may 
be  necessary,  poles,  wires,  and  all  necessary  appliances  to  operate 
said  railroad  by  electricity  or  by  any  other  motive  power  except 
steam.  Said  corporation  may  also  construct  and  maintain  suitable 
buildings,  dams,  water  motors,  engines,  electric  and  other  machinery 
and  apparatus  for  the  operation  of  said  railroad,  and  are  hereby 
authorized  to  furnish  power,  and  light,  and  to  sell  the  same,  to 
make  contracts  pertaining  thereto,  and  to  collect  tolls  therefor. 

Sect.  2.  The  time  fixed  in  the  charter  of  the  Nashua  &  Hollis 
Electric  Railroad  Company,  approved  February  25th,  1907,  is 
hereby  extended  to  March  25th,  1917,  and  said  corporation  shall 
have  such  additional  time  in  which  to  build  its  road. 

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

[Approved  March  26,  1913.] 


CHAPTER  341. 


AN    ACT    ENLARGING    THE    POWERS    OF    THE    PLYMOUTH    VILLAGE    FIRE 

DISTRICT. 


Section 

1.  May  serve  parts  of  Holderness. 

2.  Change    in    district   boundaries. 


Section 

3.  New  district  a  village  district. 

4.  Tabes  effect  on  passage. 


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


May   serve 
Holderness. 


Change   in 
boundaries. 


Section  1.  The  Plymouth  village  fire  district  is  authorized  and 
empowered  to  serve  such  portions  of  the  town  of  Holderness  con- 
tiguous to  the  town  of  Plymouth,  including  River  street,  so-called, 
and  the  Holderness  School,  as  may  in  the  manner  hereinafter  pro- 
vided be  added  to  said  district. 

Sect.  2.  Upon  the  petition  of  ten  or  more  legal  voters  residing 
in  the  Plymouth  village  fire  district  as  at  present  organized  and 
of  ten  or  more  legal  voters  residing  in  the  portion  of  the  town  of 
Holderness  proposed  to  be  added  to  the  said  district,  such  petition 
setting  forth  fully  the  boundaries  of  the  proposed  enlargement 
located  in  the  said  town  of  Holderness,  the  selectmen  of  the  towns 
of  Plymouth  and  Holderness,  after  notice  and  hearing  as  provided 
in  section  4,  chapter  53  of  the  Public  Statutes,  may  change  the 


1913]  Chapter  342.  897 

boundaries  of  the  said  Plymouth  village  fire  district.  Record  of 
the  petition,  return  of  the  selectmen's  proceedings  and  decision 
thereon  shall  be  recorded  as  provided  in  the  said  section  4,  chapter 
53  of  the  Public  Statutes. 

Sect.  3.  Such  district,  if  and  when  enlarged  under  the  pro-  New  district  a 
visions  of  this  act,  shall  be  deemed  to  be  a  village  district  subject^'  ^°^  '^  ""^ ' 
to  the  same  provisions  of  law  as  are  provided  for  village  districts. 

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

[Approved  March  31,  1913.] 


CHAPTER  342. 


AN  ACT  IN  AMENDMENT  OF  SECTION  13  OF  THE  SESSION  LAWS  OF  1897, 
AS  AMENDED  BY  CHAPTER  225  OF  THE  SESSION  LAWS  OF  1903  RE- 
LATING TO  THE  SALARY  OF  THE  CITY  CLERK  OF  BERLIN. 

Section'  I   Section 

1.     Salary  of  city  clerk.  '        2.      Takes   effect  on  passage. 

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

Section  1.  That  section  13  of  chapter  121  [section  2  of  chapter  Salary  increased. 
225]  of  the  session  Laws  of  1903,  be  amended  by  striking  out  the 
word  "four"  in  the  fourth  [seventh]  line  of  said  section,  and  in- 
serting in  place  thereof  the  word  six,  so  that  said  section  as  amended 
shall  read  as  follows:  Sect.  13.  The  mayor  and  council  shall  an- 
nually on  the  last  Monday  of  March  meet  for  the  purpose  of  tak- 
ing their  respective  oaths,  and  shall  elect  a  city  clerk,  who  shall  be 
clerk  of  the  said  council,  and  have  a  salary  of  six  hundred  dollars 
per  annum.  The  power  to  change  the  salary  of  the  city  clerk 
hereafter,  is  hereby  granted  to  and  vested  in  the  board  of  mayor 
and  council. 

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

^  ^  ^  on   passage. 

[Approved  March  31,  1913.] 


898  Chapters  343,  344.  [1913 

CHAPTER  343. 

AN  ACT  TO   EXEMPT   FROM   LOCAL  TAXATION   CERTAIN   REAL  ESTATE   OP 
THE  NEW  MOUNT  BELKNAP  HOTEL  IN  LACONIA. 

Section  I   Section 

1.     Exemption   authorized.  '        2.     Takes  effect  on  passage. 

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

Exemption  SECTION  1.     The  city  of  Laconia  is  hereby  authorized  by  vote 

authorized.  of  its  city  couucil  to  exempt  from  local  taxation  for  the  term  of 

ten  years  all  real  estate  of  the  New  Mount  Belknap  Hotel  situated 
in  said  city  in  excess  of  the  value  of  twenty-five  hundred  dollars. 
Takes  efifect  Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

on   passage. 

[Approved  March  31,  1913.] 


CHAPTER  344. 

AN  ACT  AUTHORIZING  THE  TOWN  OF  WARREN  TO  APPROPRIATE  MONEY 
TO  CELEBRATE  THE  ONE  HUNDRED  AND  FIFTIETH  ANNIVERSARY  OP 
THE  INCORPORATION  OF  THE  TOWN. 

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: 

Authority  granted.  SECTION  1.  The  towu  of  Warren  is  hereby  authorized  to  appro- 
priate a  sum  not  exceeding  two  hundred  dollars,  for  the  purpose 
of  celebrating  the  one  hundred  and  fiftieth  anniversary  of  the  in- 
corporation of  the  town. 

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

on   passage. 

[Approved  March  31,  1913.] 


1913]  Chapters  345,  346.  899 

CHAPTER  345. 

AN  ACT  TO  EXEMPT   FROM   LOCAL  TAXATION   CERTAIN   REAL  ESTATE   OF 
THE  LACONL\.  HOTEL  COMPANY. 

Sectiok  I    Section 

1.      Exemption   authorized.  '        2.      Takes  effect  on  passage. 

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

Section  1.     The  city  of  Laconia  is  hereby  authorized  by  vote  of  Exemption 
its  city  council  to  exempt  from  local  taxation  for  the  term  of  ten  '^^ 
years  all  real  estate  of  the  Laconia  Hotel  Company,  situated  in 
said  city  in  excess  of  the  value  of  fifteen  thousand  dollars. 

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

on    passage. 

[Approved  March  31,  1913.] 


CHAPTER  346. 


AN  ACT  AUTHORIZING  THE  CITY  OF  MANCHESTER  TO  PROVIDE  PENSIONS 

FOR  FIREMEN. 


Section 

1.  Authority  granted. 

2.  Amount   on  retirement. 

3.  Amount   for   disabilitv. 


Section 

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  board  of  mayor  and  aldermen  of  the  city  of  Authority  granted. 
Manchester  may,  at  the  request  of  the  chief  engineer  or  of  the 
board  of  engineers,  retire  from  active  service  any  member  of  the 
fire  department  who  has  performed  faithful  service  in  the  depart- 
ment for  a  period  of  twenty  consecutive  years,  exclusive  of  any 
service  as  call  man ;  or  any  member  of  the  department  who  has 
been  disabled  while  in  the  actual  performance  of  duty ;  and  may 
grant  a  pension  to  such  retired  member  for  a  period  not  exceeding 
one  year  at  a  time.  Before  a  pension  is  granted,  the  city  physician 
shall  certify  to  the  board  of  mayor  and  aldermen  that  such  retired 
member  is  incapacitated  either  mentally  or  physically  from  per- 
forming his  duty  as  a  member  of  the  department. 


900  Chapter  347.  [1913 

Amount  on  Sect.  2.     Tlie  pensioii  of  a  regular  member  of  the  department 

retired  after  twenty  consecutive  years  of  service  shall  be  not  ex- 
ceeding one  half  the  annual  salary  or  compensation  of  the  office 
from  which  he  is  retired. 

Amount  for  Sect.  3.     The  pcusion  of  a  regular  member  disabled  while  in 

"  ^  ■  the  actual  performance  of  duty  shall  be  not  exceeding  one  half 

the  annual  salary  or  compensation  of  the  office  from  which  he  is 
retired.  The  pension  of  call  members  disabled  while  in  the  actual 
performance  of  duty  shall  be  not  exceeding  one  half  the  annual 
salary  or  compensation  of  regular  members  of  the  lowest  grade. 
The  pension  of  assistant  engineers  disabled  while  in  the  actual  per- 
formance of  duty  shall  be  not  exceeding  one  half  the  annual  salary 
or  compensation  paid  to  members  of  the  grade  of  captain. 

Repealing  clause;      Sect.  4.     All  acts  and  parts  of  acts  inconsistent  with  this  act 

pLsage!^  ^  ^'^  ^^  are  hereby  repealed,  and  this  act  shall  take  effect  on  its  passage. 

[Approved  April  1,  1913.] 


CHAPTER  347. 

AN  ACT   TO   LEGALIZE   THE   ANNUAL  TOWN   MEETING  OF   THE   TOWN   OF 
HEBRON   HELD   MARCH    11,    1913. 

Section  I   Section 

1.     Meeting   legalized.  '        2.     Takes  effect  on  passage. 

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

Meeting  legalized.  SECTION  1.  All  acts  and  proceedings  of  the  annual  town  meet- 
ing of  the  town  of  Hebron  held  March  11,  1913,  are  hereby  de- 
clared legal,  and  all  elections  made  at  that  meeting  are  hereby 
ratified. 

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

on   passage. 

[Approved  April  1,  1913.] 


1913]  Chapters  348,  349.  901 

CHAPTER  348. 

AN    ACT    LEGALIZING    THE    ACTION    OF    A    MEETING    OF    THE    TOWN    OF 
GOFFSTOWN    HELD   TUESDAY,    MARCH    11,    1913. 

Section  i    Section 

1.      Meeting  legalized.  '        2.     Takes  effect  on  passage. 

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

Section  1.     All  acts  of  the  town  of  Goffstown  at  the  annual  Meeting  legalized, 
meeting  held  Tuesday,  March  11,  1913,  are  hereby  legalized,  ratified 
and  confirmed. 

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

on    passage. 

[Approved  April  1,  1913.] 


CHAPTER  349. 


AN  ACT  TO  AMEND  THE  CHARTER  OF  THE  CITY  OF  BERLIN. 

Section  I    Section 

1.      Board  of  health,  how  chosen.  '         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  320  of  the  session  Laws  Board  of  health, 
of  1909  by  striking  out  in  the  fifth,  tenth  and  thirty-fifth  lines  of 
said  section  the  words  ' '  one  from  each  ward ' ' ;  and  further  amend 
said  section  by  adding  after  the  word  "persons"  in  the  forty-fifth 
line  thereof  the  following:  one  of  whom  shall  be  chosen  for  three 
years,  one  for  two  years,  and  one  for  one  year,  and  thereafter 
annually  at  said  time  shall  appoint,  subject  to  the  confirmation  of 
the  city  council,  one  member  of  the  board  of  health  who  shall  hold 
office  for  three  years ;  so  that  said  section  1  as  amended  shall  read 
as  follows:  Section  1.  Amend  section  3  of  the  amendment  of 
said  charter  [Laws  1903,  c.  225,  s.  3]  by  striking  out  from  part 
of  the  eighteenth  and  from  the  nineteenth,  twentieth  and  twenty- 
first  lines  the  words :  ' '  Said  council  shall  also  within  one  week  of 
said  annual  meeting  appoint  a  board  of  three  assessors,  who  shall 
receive  for  their  services,  one  hundred  and  twenty-five  dollars  per 
annum,"  and  insert  in  place  thereof  the  following:  Said  mayor, 
wathin  one  week  of  said  annual  meeting  held  on  the  last  Monday  of 
March,  1910,  shall  appoint,  subject  to  confirmation  by  the  council,  a 


902  Chapter  349.  [1913 

board  of  three  assessors,  to  hold  office  from  the  first  day  of  April, 
1910,  one  of  whom  shall  be  appointed  for  three  years,  one  for  two 
years,  and  one  for  one  year,  and  shall  thereafter  annually  at  said 
time,  appoint,  subject  to  such  confirmation,  one  assessor  who  shall 
hold  office  for  three  years,  who  shall  receive  for  their  services  not 
more  than  three  hundred  dollars  each  per  annum.  Further  amend 
said  section  by  striking  out  the  twenty-fifth  line  and  the  word 
"appoint"  in  the  twenty-sixth  line  and  insert  in  place  thereof  the 
following :  mayor  shall  also  within  thirty  days  of  said  annual  meet- 
ing appoint,  subject  to  confirmation  of  said  council.  Further 
amend  said  section  by  striking  out  in  the  twenty-eighth  line  the 
words :  ' '  and  receive  as  compensation  one  hundred  and  fifty  dollars 
per  annum."  Further  amend  said  section  by  striking  out  in  the 
thirty-third  line  the  word  "elect."  and  inserting  after  the  word 
"appoint"  the  following:  Subject  to  confirmation  as  hereinbefore 
set  forth.  Further  amend  said  section  by  inserting  after  the  word 
"meetings"  in  the  thirty-sixth  line  the  following:  and  one  dollar 
each  for  actual  attendance  at  special  or  adjourned  meetings,  pro- 
vided, Jiowever,  that  the  total  sum  to  be  paid  to  each  councilman  for 
attendance  at  all  meetings,  shall  not  exceed  fifty  dollars  per  annum. 
So  that  section  14  referred  to  in  said  section  3  of  the  amendment  of 
the  city  charter  of  the  city  of  Berlin,  shall  read  as  follows :  Sect. 
14.  Said  mayor,  within  one  w^eek  of  said  annual  meeting  held  on 
the  last  Monday  of  March,  1910,  shall  appoint,  subject  to  confirma- 
tion by  the  council,  a  board  of  three  assessors,  to  hold  office  from 
the  first  day  of  April,  1910,  one  of  whom  shall  be  chosen  for  three 
years,  one  for  two  years,  and  one  for  one  year,  and  thereafter  an- 
nually at  said  time,  shall  appoint,  subject  to  the  confirmation  of 
the  council  one  assessor  who  shall  hold  office  for  three  years,  who 
shall  receive  for  their  services  not  more  than  three  hundred  dollars 
each  per  annum ;  said  assessors  shall  in  addition  to  their  salary, 
be  allow^ed  the  sum  of  not  exceeding  one  hundred  dollars  per  annum 
for  clerk  hire ;  and  said  mayor  shall  also,  within  thirty  days  of 
said  annual  meeting,  appoint,  subject  to  confirmation  of  said 
council,  a  board  of  health  of  not  more  than  three  persons,  one  of 
whom  shall  be  chosen  for  three  years,  one  for  two  years,  and  one 
for  one  year,  and  thereafter  annually  at  said  time  shall  appoint, 
subject  to  confirmation  of  the  city  council,  one  member  of  the  board 
of  health,  who  shall  hold  office  for  three  years ;  a  city  treasurer, 
who  shall  serve  also  as  treasurer  of  the  board  of  education,  city 
auditor,  collector  of  taxes,  city  solicitor,  highway  commissioner, 
sewer  commissioner,  inspector  of  buildings  and  city  engineer :  and 
within  thirty  days  of  said  annual  meeting,  said  mayor  shall  also 
appoint,  subject  to  such  confirmation,  a  chief  engineer  and  assistant 
engineer  of  the  fire  department,  and  may  create  such  other  gov- 


1913]  Chapter  350.  903 

ernmental  departments  and  appoint,  subject  to  confirmation  as 
hereinbefore  set  forth,  such  other  officers  or  agents  as  are  neces- 
sary for  tlie  good  government  of  the  city  not  otherwise  provided 
for.  Said  council  shall  receive  a  fee  of  two  dollars  each  for  actual 
attendance  at  regular  monthly  meetings  and  one  dollar  for  each 
special  and  adjourned  meetings,  provided,  however,  that  the  total 
sum  to  be  paid  to  each  councilman  for  attendance  at  all  meetings, 
shall  not  exceed  fifty  dollars  per  annum ;  and  in  addition  thereto 
an  annual  salary  of  twenty  dollars  shall  be  paid  to  each  member  of 
the  committee  on  roads  and  bridges  and  the  committee  on  accounts 
and  claims. 

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

[Approved  April  2,  1913.] 


CHAPTER  350. 


AN  ACT  TO   INCORPORATE  THE  UNION  SURETY   COMPANY. 


Section 

1.  Corporation   constituted. 

2.  Capital   stock. 

3.  First  meeting. 


Section 

4.  Adoption    of   by-laws. 

5.  Subject    to    insurance    department. 

6.  Takes  effect  on  passage. 


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

Section  1.  That  Frederick  A.  Faulkner,  Frederick  M.  Sise,  Corporation 
Charles  Gale  Shedd,  New^ton  A.  Frost,  William  F.  Holbrook,  Walter '°"''''^'"^- 
G.  Perry,  Philip  H.  Faulkner,  and  their  associates,  successors  and 
assigns,  be  and  they  are  hereby  incorporated  and  made  a  corpora- 
tion by  the  name  of  the  Union  Surety  Company,  to  be  located  in 
Keene,  New  Hampshire,  with  authority  to  have  and  exercise  all 
the  powers  and  privileges  incident  to  corporations  of  a  similar 
nature,  for  the  purpose  of  issuing  and  becoming  surety  upon  official, 
probate,  indemnity  and  other  bonds.  Provided  and  this  charter 
is  granted  on  the  express  condition  that  this  corporation  shall  not 
assume  any  liability  as  surety  on  any  bond  which  shall  in  amount 
exceed  10%  of  its  net  assets,  without  reinsuring  in  some  surety 
company  licensed  to  do  business  in  this  state  the  amount  by  which 
any  liability  may  exceed  said  10%  of  said  net  assets. 

Sect.  2.     Said  corporation  shall  have  a  capital  stock  of  one  hun-  Capital  stock. 
dred  thousand  dollars  divided  into  shares  of  one  hundred  dollars 
each.     Said  corporation  is  hereby  authorized  and  empowered  to 


904 


Chapter  351. 


[1913 


First   meeting. 


By-laws. 


Supervision. 


Takes   effect 
on   passage. 


increase  its  capital  stock  to  an  amount  not  exceeding  five  hundred 
thousand  dollars  from  time  to  time  as  said  corporation  may  vote. 

Sect.  3.  Any  two  of  the  above  named  incorporators  may  call 
the  first  meeting  of  the  corporation,  by  a  written  notice  mailed  to 
each  incorporator,  at  least  seven  days  before  the  day  named  for 
such  meeting. 

Sect.  4.  Said  corporation,  at  any  meeting  duly  held,  may  adopt 
such  by-laws  and  regulations,  not  repugnant  to  the  laws  of  this 
state,  as  shall  be  convenient  and  necessary  for  the  prosecution  of 
the  business  of  issuing  and  becoming  surety  upon  official,  probate, 
indemnity  and  other  bonds. 

Sect.  5.  Said  corporation  shall  make  such  returns  as  are  re- 
quired by  law,  and  in  the  transaction  of  its  business  shall  be  under 
the  supervision  and  inspection  of  the  insurance  commissioner  and 
subject  to  all  the  regulations  of  the  insurance  department. 

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

[Approved  April  2,  1913.] 


CHAPTER  351. 


AN  ACT  TO  INCORPORATE  THE  NEW  HAMPSHIRE  SURETY  COMPANY. 


Section 

1.  Corporation    constituted. 

2.  Capital    stock. 

3.  Directors;    by-laws. 

4.  How  taxed. 


Section 

5.  May  act  as  sole  surety. 

6.  First   meeting. 

7.  Subject    to    repeal;    takes    effect    on 

passage. 


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


Corporation 
constituted. 


Section  1.  That  Walter  M.  Parker,  Frank  P.  Carpenter,  Nathan 
P.  Hunt,  Frank  W.  Sargeant,  Arthur  M.  Heard,  Albert  0.  Brown, 
Edwin  F.  Jones  and  George  A.  Vermille  and  their  associates,  suc- 
cessors and  assigns  be  and  they  hereby  are  incorporated  and  made 
a  body  politic  by  the  name  of  The  New  Hampshire  Surety  Com- 
pany, to  be  located  in  Manchester  in  said  state,  with  full  authority 
to  have  and  exercise  all  the  powers  and  privileges  incident  to  cor- 
porations of  a  similar  nature  for  the  purpose  of  issuing  and  be- 
coming surety  upon  official,  probate,  indemnity  and  other  bonds; 
and  by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to 
final  judgment  and  execution,  adopt  and  use  a  corporate  seal,  and 
do  any  and  every  act,  not  repugnant  to  the  constitution  and  laws 


1913]  Chapter  351.  905 

of  the  state,  necessary  or  proper  to  carry  into  effect  the  full  mean- 
ing and  intent  of  this  act. 

Sect.  2.  Said  corporation  shall  have  a  capital  stock  not  less  than  capital  stock. 
two  hundred  thousand  dollars  and  not  exceeding  one  million  dol- 
lars, divided  into  shares  of  one  hundred  dollars  each.  At  any  meet- 
ing duly  called  said  corporation  may  fix  the  amount  of  said  capital 
stock  and  may  increase  the  same  from  time  to  time  to  an  amount 
not  exceeding  the  sum  above  named.  Said  corporation  may  acquire 
and  hold  real  estate  to  the  value  of  fifty  thousand  dollars,  exclusive 
of  such  real  estate  as  may  be  taken  for  debt  or  held  as  collateral 
security. 

Sect.  3.     The  management  of  said  corporation  shall  be  vested  in  Directors; 
a  board  of  not  less  than  seven  directors  and  said  corporation  may 
adopt  such  by-laws  and  regulations,  not  repugnant  to  the  consti- 
tution or  laws  of  the  state,  as  shall  be  convenient  or  necessary  for 
the  proper  management  of  its  business  and  concerns. 

Sect.  4.  Said  corporation,  for  the  purpose  of  taxation,  shall  How  taxed. 
be  subject  to  the  laws  regulating  the  taxation  of  stock  fire  insurance 
companies  organized  under  the  laws  of  and  doing  business  in  this 
state ;  and,  in  other  respects,  shall  be  subject  to  the  laws  relating  to 
insurance  companies  organized  under  the  laws  of  and  doing  busi- 
ness in  this  state  and  their  agents,  so  far  as  the  same  shall  be  ap- 
plicable. 

Sect.  5.  The  judge,  head  of  department  or  other  officer  author-  May  act  as  sole 
ized  to  approve  the  bond  of  any  person  required  by  law  to  give  a^"'*'*-^' 
bond,  may  accept  said  corporation  as  a  surety  upon  the  bond,  and, 
if  satisfied  with  its  financial  ability,  he  need  not  require  other 
sureties ;  and  any  court  or  officer  whose  duty  it  is  to  pass  upon  the 
account  of  any  person  required  by  law  to  give  a  bond,  may,  when- 
ever such  person  has  procured  said  corporation  as  surety  upon  his 
bond,  allow  a  reasonable  sum  for  the  expense  of  procuring  such 
surety  in  the  settlement  of  his  account.  If  said  corporation  shall 
execute  a  bond  as  surety,  it  shall  be  estopped  to  deny  the  corporate 
power  to  execute  the  instrument  or  to  assume  the  liability. 

Sect.  6.     The  first  three  persons  named  in  this  act  or  any  two  First  meeting. 
of  them  may  call  the  first  meeting  of  the  members  of  the  corpora- 
tion by  giving  to  all  the  above  named  members  a  notice  in  writing 
five  days  before  said  meeting. 

Sect.  7.     The  legislature  mav  at  any  time  alter,  amend  or  repeal  Subject  to  repeal; 
this  act  whenever  in  their  opinion  the  public  good  shall  require,  passage. 
and  this  act  shall  take  effect  upon  its  passage. 

[Approved  April  2.  1913.] 


906 


Chapter   352. 


[1913 


CHAPTER  352. 

AN  ACT  IN  AMENDMENT  OP  CHAPTER  234,  LAWS  OP  1901,  ENTITLED  "  AN 
ACT  IN  AMENDMENT  OP  THE  CHARTER  OP  THE  CITY  OP  SOMERSWORTH, 
CREATING  A  BOARD  OF  POLICE  COMMISSIONERS  POR  SAID  CITY. ' ' 


Appointment     of 
commissioners. 


Repealing    clause 
act   takes   effect 
on  passage. 


Section 
1.     Police 
of. 


commissioners,      appointment 


Section 

2.      Repealing  clause;   act  takes  effect  on 


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

Section  1.  That  section  2  of  chapter  234,  Laws  of  1901,  be 
amended  by  striking  out  all  of  said  section  after  the  word  "party" 
in  the  fifteenth  line  thereof,  so  that  said  section  as  amended  shall 
read  Sect.  2.  On  or  before  the  first  day  of  March,  1901,  the  gover- 
nor, with  the  advice  and  consent  of  the  council,  shall  appoint  three 
police  commissioners,  who  shall  have  been  residents  of  said  city  of 
Somersworth  at  least  five  years  immediately  preceding  the  date  of 
their  appointment,  one  of  whom  shall  hold  office  for  two  years  from 
the  first  Tuesday  of  March,  1901,  one  for  four  years  and  one  for 
six  years,  from  said  date,  or  until  their  successor  is  appointed  and 
qualified ;  and  biennially  thereafter,  on  or  before  the  first  day  of 
March,  the  governor,  with  the  advice  and  consent  of  the  council, 
shall  appoint  one  commissioner  who  shall  take  the  place  of  the  one 
whose  term  expires,  and  who  shall  serve  for  six  years,  unless  sooner 
removed  as  hereinafter  provided ;  and  any  vacancy  in  said  board 
shall  be  filled  in  the  same  manner.  At  no  time  shall  more  than 
two  of  said  commissioners  belong  to  one  political  party. 

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  April  3.  1913.] 


1913] 


Chapter  353. 


907 


CHAPTER  353. 


AN  ACT  TO  INCORPORATE  THE  ISRAEL'S  RIVER  IMPROVEMENT  COMPANY. 


Section 

1.  Corporation  constituted. 

2.  Capital  stock. 

3.  May  erect  dams,  etc. 

4.  Garland  brook  excepted. 

5.  Collection   of   tolls. 


Section 

6.     Deemed  a  public  utility. 
First  meeting. 
By-laws,   etc. 
Subject  to   repeal. 
Takes  effect  on  passage. 


7. 


9. 

10. 


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

Section  1.  That  Thomas  H.  Van  Dyke,  George  H.  Van  Dyke,  Corporation 
Irving  W.  Drew,  George  F.  Morris,  Merrill  Shurtleff,  their  asso- 
ciates, successors  and  assigns,  be  and  hereby  are  made  a  body 
politic  and  corporate  by  the  name  of  The  Israel's  River  Improve- 
ment Company,  for  the  purpose  of  erecting  dams  and  sluices,  and 
making  such  other  improvements  as  may  be  proper  and  necessary 
on  Israel's  river  and  its  tributaries,  in  the  towns  of  Jefferson  and 
Lancaster  and  Kilkenny  in  Coos  county,  to  improve  said  river  and 
its  tributaries  for  the  purpose  of  driving  logs,  lumber  and  pulp- 
wood  therein  and  over  and  through  said  dams  and  sluices,  and  of 
establishing  rates  of  toll  on  lumber  and  pulpwood  so  driven  and 
sluiced ;  and  shall  be  vested  with  all  the  rights  and  privileges  and 
subject  to  all  the  liabilities  of  a  corporation  of  a  similar  nature; 
and  may  purchase  and  hold  real  estate  and  other  property;  not 
exceeding  in  value  the  sum  of  twenty-five  thousand  dollars  ($25,- 
000),  said  sum  to  be  held  in  shares  of  one  hundred  dollars  ($100) 
each. 

Sect.   2.     The  capital  stock  of  said  corporation  shall  not  ex-  Capital  stock. 
ceed  the  sum  of  $25,000,  divided  into  not  more  than  250  shares  of 
$100  each. 

Sect.  3.  Said  corporation  may  erect  and  maintain  as  many  May  erect 
dams,  sluices  and  booms  on  said  river  and  its  tributaries,  and  may  ^™^' 
clear,  deepen  and  improve  the  same  to  such  extent  as  by  it  shall 
be  deemed  necessary  for  the  proper  driving  of  logs,  lumber  and 
pulpwood  in  said  river  and  its  tributaries  and  through  said  im- 
provements into  the  Connecticut  river ;  and  if  the  owner  or  owners 
of  any  property  situated  within  said  towns  shall  feel  that  his  or 
their  property  has  been  damaged  by  reason  of  said  improvements 
he  or  they  may  apply  to  the  superior  court  for  said  Coos  county 
to  have  said  damages  assessed  and  adjusted ;  and  said  court  is 
hereby  authorized  and  empowered  to  adjust  the  same  and  assess 
the  damages  subject  to  the  right  to  appeal  to  the  supreme  court  as 
in  cases  of  a  similar  nature. 


29 


908 


Chapteb  353. 


[1913 


^"ce^t^d  ^^°''^  Sect.  4.     No  lumber,  logs  or  pulpwood  shall  be  put  into  Garland 

brook,  so  called,  or  its  tributaries  above  the  dam  or  intake  of  the 
Lancaster  Water  Company,  and  a  violation  of  this  provision  shall 
voluntarily  operate  as  a  forfeiture  of  this  charter. 
Collection  of  tolls.  Sect.  5.  Said  corporation  may,  subject  to  the  supervision  of 
the  public  service  commission,  make  and  establish  such  rates  of 
toll  for  driving  logs,  lumber  and  pulpwood  over  and  through  said 
dams  and  sluices,  and  said  river  and  its  tributaries  as  may  be 
deemed  by  them  expedient,  and  shall  have  the  power  to  sue  for, 
and  collect  said  tolls  in  the  same  manner  as  other  corporations 
are  by  law  allowed  to  sue  and  collect  debts  due  them;  and  said 
corporation  shall  have  a  lien  on  all  logs,  timber  and  pulpwood 
which  may  pass  over  or  through  said  dams,  sluices  and  improve- 
ments and  may  hold  possession  of  the  same  until  said  tolls  shall 
be  paid  or  satisfactorily  secured. 

Sect.  6.  The  corporation  hereby  created  shall  be  a  public  utility, 
and  shall  be  subject  to  the  supervision  of  the  public  service  com- 
mission in  respect  to  capitalization  and  rates,  and  in  all  other 
respects  as  other  public  utilities  are. 

Sect.  7.  Any  two  of  the  charter  members  herein  named  may 
call  the  first  meeting  of  said  corporation  by  mailing  to  each  charter 
member  due  notice  thereof  at  least  fourteen  days  prior  to  said  meet- 
ing, which  notice  shall  state  the  time  and  place  of  said  meeting; 
provided,  however,  that  if  all  the  charter  members  shall  be  absent 
at  said  meeting,  or  if  they  shall  accept  notice  of  the  same  in  wri- 
ting, said  meeting  may  be  called  and  held  at  any  time  without  giv- 
ing the  fourteen  days'  notice  as  aforesaid. 

Sect.  8.  Said  corporation  when  so  met  may  elect  associates,  fix 
the  amount  of  capital  stock,  and  establish  such  by-laws,  rules  and 
regulations  for  the  conduct  of  said  corporation,  and  may  elect  such 
officers  as  may  be  necessary,  and  may  transact  such  business  as  may 
pertain  to  corporations  of  a  similar  nature. 

Sect.  9.  This  charter  may  be  amended,  altered  or  repealed  at 
any  time. 

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


Deemed   public 

utility. 


First    meeting. 


By-laws,  etc. 


Subject  to  repeal. 


Takes   effect 
on   passage. 


[Became  a  law  without  the  governor's  signature,  April  5,  1913.] 


1913] 


Chapters  354,  355. 


909 


CHAPTER  354. 

AN  ACT  TO  EXTEND  THE  CHARTER  OF  THE  MEREDITH  &  OSSIPEE  VALLEY 
RAILROAD  COMPANY, 


Section 

1.     Time  for  building  extended. 


Section 

2.     Takes   effect   on    passage. 


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

Section  1.  The  charter  of  the  Meredith  &  Ossipee  Valley  Rail- Time  for  building 
road  Company  approved  March  25,  1903,  as  amended  by  chapter 
183  of  the  Laws  of  1905,  chapter  217  of  the  Laws  of  1907,  chapter 
219  of  the  Laws  of  1909,  and  chapter  279  of  the  Laws  of  1911, 
extending  the  period  within  which  said  railroad  shall  be  completed 
to  March  25,  1913,  is  hereby  so  far  amended  as  to  further  extend 
the  time  fixed  and  limited  for  the  completion  of  said  railroad  to 
March  25,  1915,  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  April  8,  1913.] 


Takes   effect 
on   passage. 


CHAPTER  355. 


AN    ACT   PROVIDING   FOR   A   PUBLIC    LANDING   AND    WHARF    ON    WARREN 
POND  IK  ALSTEAD  AND  A  HIGHWAY  TO  THE  SAME. 


Section 

1.  Alstead   authorized   to  build. 

2.  New  highway   authorized. 


Section 

3.     Takes  effect  on  passage. 


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

Section  1.  The  town  of  Alstead  is  hereby  empowered  to  es-  Aistead  authorized 
tablish  and  maintain  upon  the  shore  of  Warren  pond  in  said  town  ° 
a  public  landing  and  wharf  with  facilities  for  the  use  and  care  of 
boats  belonging  to  persons  entitled  to  exercise  public  rights  upon 
said  pond ;  to  appropriate  money  for  establishing  and  maintaining 
such  public  landing  and  wharf;  and  to  make  by-laws  and  regula- 
tions for  the  same.  Such  landing  and  wharf  may  be  established 
by  the  selectmen  upon  petition  and  proceedings  as  provided  by 
law  in  the  case  of  laying  out  highways;  and  all  parties  interested 
shall  have  the  same  rights  and  remedies  as  are  provided  by  such 


910 


Chapter  356. 


[1913 


New    highway 
authorized. 


Takes  effect 
on    passage. 


law.  Such  landing  and  wharf  may  be  located  wholly  or  in  part 
upon  land  lying  between  high  water  mark  and  low  water  mark 
upon  said  pond. 

Sect.  2.  The  selectmen  of  said  town  upon  petition  may  lay  out 
a  new  highway  from  any  highway  in  said  town  to  a  public  landing 
and  wharf  established  under  the  preceding  section ;  and  a  petition 
for  such  highway  may  be  combined  or  filed  and  heard  at  the  same 
time  with  a  petition  to  establish  such  landing  and  wharf.  Upon 
such  petition  for  a  new  highway  the  same  proceedings  shall  be  had 
and  all  parties  interested  therein  shall  have  the  same  rights  and 
remedies  as  provided  by  law  in  the  case  of  laying  out  highways. 

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

[Approved  April  11,  1913.] 


CHAPTER  356. 

AN  ACT  IN  amendment  OF  AN  ACT  ENTITLED  ''aN  ACT  TO  INCORPO- 
RATE THE  NEW  HAMPTON  LITERARY  AND  BIBLICAL  INSTITUTION  AT 
NEW  HAMPTON,   NEW  HAMPSHIRE." 

Section  1.     Corporate  powers  enlarged. 

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


Corporate    powers 
enlarged. 


Section  1.  That  the  second  section  of  an  act  entitled  "An  Act 
to  incorporate  the  New  Hampton  Literary  and  Biblical  Institu- 
tion at  New  Hampton,  New  Hampshire,"  approved  Jan.  5,  1853, 
and  amended  by  an  act  approved  July  14,  1855,  be  further  amended 
by  allowing  said  institution  to  hold  real  and  personal  property  to 
any  amount  not  exceeding  one  hundred  thousand  dollars. 


[Approved  April  15,  1913.' 


1913]  Chapter  357.  911 

CHAPTER  357. 

AN  ACT  TO  ENABLE  THE  TOWN  OF  ROLLINSFORD  TO  PURCHASE,  OWN  AND 
OPERATE  AN  ELECTRIC  LIGHT  AND  POWER  BUSINESS. 

Section  i    Section 


1.  May   acquire  franchises,    etc. 

2.  Under   control   of   selectmen. 

3.  Appropriation  authorized. 


4.  Contract    authorized. 

5.  Takes  effect  on  passage. 


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

Section  1.  That  the  town  of  Rollinsford,  in  the  county  of  Straf-  May  acquire 
ford,  be  and  hereby  is  authorized,  for  the  purpose  of  lighting  its 
streets  and  public  buildings  and  for  the  purposes  of  supplying  elec- 
tricity for  commercial  and  domestic  purposes,  to  take  or  purchase 
franchises  and  property  of  any  electric  lighting  business  in  said 
town  of  Rollinsford,  including  dynamos,  batteries,  wires,  engines, 
boilers,  and  all  other  machinery,  tools  and  apparatus  used  in  the 
manufacture,  distribution  and  operation  of  such  electric  light  works 
in  said  town  of  Rollinsford,  and  the  land  and  buildings  connected 
and  used  therewith ;  and  should  said  town  and  such  electric  light- 
ing 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  pur- 
pose ;  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  regula- 
tions 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  wires  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  pur- 
poses 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  construct  said  electric  light  works,  and  to  relay,  change,  and 


912 


Chapter  357, 


[1913 


Selectmen 
manage. 


Appropriations 
authorized. 


Takes  effect 
on  passage. 


repair  the  same  at  pleasure,  having  due  regard  for  the  safety  of 
its  citizens  and  the  public  travel ;  and  said  town  may  purchase 
electricity  from  other  producers  whenever  it  is  deemed  necessary. 

Sect.  2.  The  construction,  management,  control  and  erection  of 
said  plant,  appliances  and  appurtenances,  shall  be  in  the  board  of 
selectmen  for  the  time  being,  who  shall  exercise  such  powers  and 
perform  such  duties  relating  to  the  same  as  may  from  time  to  time 
be  prescribed  by  said  town. 

Sect.  3.  Said  town  is  also  authorized  and  empowered  at  any 
annual  meeting,  by  a  two  thirds  vote  of  those  present,  and  voting, 
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  neces- 
sary 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  purchas- 
ing, 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 ;  said  loan  to 
'i)e  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. 

Sect.  4.  Said  town  is  hereby  authorized  to  contract  v/ith  the 
town  of  South  Berwick,  York  county.  State  of  Maine,  for  the  joint 
purchase,  sale,  or  manufacture  of  electricity  for  the  purposes  afore- 
said, and  to  that  end  may  exercise  all  the  powers  herein  vested  in 
said  town. 

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


[Approved  April  15,  1913. 


1913]  Chapters  358,  359.  913 

CHAPTER  358. 

AN  ACT  TO  AMEND  THE  CHARTER  OF  THE  CONCORD,  DOVER  &  ROCHESTER 

STREET  RAILWAY. 

Section  I    Section 

1.     Time  for  building  extended.  '        2.     Takes  effect  on  passage. 

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

Section  1.     The  time  fixed  in  the  charter  of  the  Concord,  Dover  Time  for  building 
&  Rochester  Street  Railway,  approved  March  31,  1903,  chapter  310,  ®^*''''^^'^- 
Laws  of  1903,  in  which  to  build  its  road,  is  hereby  extended  to 
March  31,  1915,  and  said  corporation  shall  have  such  additional 
time  in  which  to  construct  its  road. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  '^^^^^  «^^c* 

^  ^  °  on    passage. 

[Approved  April  15,  1913.] 


CHAPTER  359. 


an  act  exempting  from  LOCAL  TAXATION  A  HOTEL  IN  THE  T0V7N  OF 

MILFORD. 

Section    l.      Exemption  of  building  authorized. 

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

Section  1.  If  a  hotel,  the  building  for  which  shall  cost  not  less  Exemption 
than  thirty  thousand  dollars,  shall  be  erected  and  opened  for  busi-  *^  °"^^  ' 
ness  in  the  town  of  Milford  on  or  before  April  first,  1915,  such 
hotel  building  may,  by  vote  of  the  legal  voters  of  Milford,  be 
exempted  from  all  local  taxes  by  said  town  of  Milford  for  the 
term  of  ten  years  from  said  date :  provided,  however,  that  the 
selectmen  of  said  town  shall  annually  appraise  such  hotel  building 
and  the  valuation  determined  upon  for  the  same  shall  be  added 
to  the  valuation  of  all  other  property  in  said  town  of  Milford  to 
determine  the  total  valuation  for  the  purposes  of  state  and  county 
tax  and  such  hotel  building  shall  be  assessed  for  said  state  and 
county  tax;  and  said  selectmen  shall  also  annually  appraise  the 
land  on  which  said  building  may  be  erected,  and  said  land  shall  be 
taxed  at  the  same  rate  as  other  property  in  said  town. 

[Approved  April  15,  1913.] 


914  Chapters  360,  361.  [1913 

CHAPTER  360. 

AN  ACT  TO  ENABLE  THE  CITY  OF  NASHUA  TO  ERECT  A  STATUE  TO  THE 
MEMORY  OF  GENERAL  JOHN  G.  FOSTER. 

Section  I   Section 

1.     Authority  granted.  '        2.     Takes  efifect  on  passage. 

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

Authority  granted.  SECTION  1.  The  city  of  Nashua  is  hereby  authorized  to  raise 
and  appropriate  a  sum  of  money  not  to  exceed  one  thousand  dollars 
for  the  purpose  of  erecting  a  statue  to  the  memory  of  Maj.-Gen. 
John  G.  Foster. 

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

on   passage.  x  o 

[Approved  April  15,  1913.] 


CHAPTER  361. 

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  I   Section 

1.     Time  for  building  extended.  '        2.     Takes  effect  on  passage. 

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

Time  for  building      SECTION  1.     The  time  for  the  completion  of  the  North  Conway 
extended.  ^  Mouut  Kearsargc  Railroad  is  hereby  extended  to  the  first  day  of 


July,  1917. 
Sect.  2. 

[Approved  April  15,  1913.] 


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

on   passage. 


1913]  Chapters  362,  363.  915 

CHAPTER  362. 

AN  ACT  AUTHORIZING  THE  USE  OF  SCHOOL  PROPERTY  IN  THE  TOWN  OF 
JAFPREY  FOR  PUBLIC  PURPOSES. 

Section  I   Section 

1.     Authority  granted.  '        2.     Takes  effect  on  passage. 

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

Section  1.     The  school  district  of  the  town  of  Jaffrey  is  hereby  Authority  granted, 
authorized  and  empowered  to  allow  the  use  of  Union  hall  and  its 
appurtenances  in  said  town  for  public  purposes,  and  to  establish, 
by  itself  or  its  school  board,  such  rates  and  regulations  for  such 
use  as  it  may  deem  suitable. 

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

on   passage. 

[Approved  April  15,  1913.] 


CHAPTER  363. 


an  act  IN  AMENDMENT  OF  SECTION  1,  CHAPTER  347,  OF  THE  LAWS  OF 
1911,  RELATING  TO  SALARIES,  HOW  FIXED,  OF  PUBLIC  OFFICIALS  FOR 
THE  CITY  OP  MANCHESTER. 


Section 

1.      Salaries   of   public   officials,    how   de- 
termined. 


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  1  of  chapter  317  of  the  Laws  of  1911  is  Salaries,  how 
hereby  amended  by  inserting  after  the  first  comma  in  the  fourth 
line  of  said  section  and  before  the  word  "  as, "  the  following  words, 
or  the  board  of  school  committee,  so  that  said  section  as  amended 
shall  read  as  follows :  Section  1.  The  salaries  of  all  public  officials 
of  the  city  of  ]\Ianchester,  elected  by  the  city  government  shall  be 
determined  by  the  board  that  elects  them,  either  the  board  of  mayor 
and  aldermen,  or  the  common  council,  or  the  board  of  school  com- 
mittee, as  the  case  may  be,  and  the  salaries  of  city  officials  who 
are  appointed  by  the  mayor  shall  be  determined  by  the  board  of 
mayor  and  aldermen. 

Sect.  2.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are  Repealing  ciaaBe; 
hereby  repealed.    This  act  shall  take  effect  upon  its  passage.  l^  pass^age.^^*'* 

[Approved  April  15,  1913.] 


916 


Chapter  364. 


[1913 


CHAPTER  364. 


Issue   of   bonds 
authorized. 


AN  ACT  TO  AMEND  SECTION  1  OF  CHAPTER  209  OP  THE  LAWS  OF  1891, 
ENTITLED,  "aN  ACT  TO  ENABLE  THE  CITY  OF  PORTSMOUTH  TO  ISSUE 
WATER  BONDS  AND  TO  MANAGE  AND  CONTROL  ITS  WATER  SUPPLY. ' ' 


Section 

1.  Issue  of  bonds   authorized. 

2.  Outstanding  bonds  validated. 


Section 

3.     Takes  effect  on  passage. 


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

Section  1.  That  section  1  of  chapter  209  of  the  Laws  of  1891  be 
amended  by  striking  out  all  of  said  section  after  the  words  "Be  it 
enacted"  in  the  twelfth  line  thereof  and  inserting  in  the  place 
thereof  the  words  that  said  city  is  authorized  to  borrow  such  sums 
of  money,  on  the  credit  of  the  city,  as  may,  from  time  to  time,  be 
deemed  advisable,  not  exceeding  in  the  whole  the  sum  of  four 
hundred  and  twenty-five  thousand  dollars,  for  the  purpose  of  de- 
fraying the  expense  of  constructing,  enlarging,  maintaining  and 
operating  said  water  works  and  aqueduct  property,  or  for  the  pur- 
pose of  paying  or  refunding  any  notes  or  bonds  issued  for  any  of 
the  foregoing  purposes,  and  to  issue  notes  or  bonds  of  the  city 
therefor,  payable  at  such  times  and  with  such  rates  of  interest, 
not  exceeding  five  per  cent,  per  annum,  as  may  be  thought  proper ; 
and  also  to  levy  such  taxes  as  may  at  any  time  be  deemed  advisable 
for  the  same  purpose,  or  for  paying  any  sums  borrowed  therefor 
as  aforesaid,  so  that  said  section  as  amended  shall  read  as  follows : — 
Section  1.  Whereas,  the  city  of  Portsmouth  has  acquired  by  pur- 
chase the  stock  of  the  several  stockholders  of  the  corporation  known 
as  the  Proprietors  of  the  Portsmouth  Aqueduct,  and  has  thereby 
succeeded  to  the  franchises,  rights,  estate,  and  property  of  said 
corporation ;  and  whereas,  the  public  good  requires  that  the  works 
of  said  aqueduct  should  be  enlarged  and  improved,  or  other  water 
works  constructed  and  other  sources  of  supply  taken  so  as  to  enable 
said  city  not  only  to  afford  better  protection  against  fire  but  also 
an  adequate  supply  of  water  for  domestic  and  mechanical  use  by 
the  inhabitants  of  said  city ;  now  therefore,  be  it  enacted,  that  said 
city  is  authorized  to  borrow  such  sums  of  money,  on  the  credit  of 
the  city,  as  may,  from  time  to  time,  be  deemed  advisable  not  ex- 
ceeding in  the  whole  the  sum  of  four  hundred  and  twenty-five 
thousand  dollars,  for  the  purpose  of  defraying  the  expenses  of 
constructing,  enlarging,  maintaining  and  operating  said  water 
works  and  aqueduct  property,  or  for  the  purpose  of  paying  or 
refunding  any  notes  or  bonds  issued  for  any  of  the  foregoing  pur- 
poses, and  to  issue  notes  or  bonds  of  the  city  therefor,  payable  at 


1913] 


Chapter  365. 


917 


such  times  and  with  such  rates  of  interest,  not  exceeding  five  per     . 
cent,  per  annum,  as  may  be  thought  proper ;  and  also  to  levy  such 
taxes  as  may  at  any  time  be  deemed  advisable  for  the  same  purpose, 
or  for  paying  any  sums  borrowed  therefor  as  aforesaid. 

Sect.  2.     All  water  works  bonds  heretofore  issued  by  said  city  outstanding  bonds 
are  hereby  confirmed,  ratified  and  validated. 

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


validated. 


Takes   effect 
on   passage. 


[Approved  April  15,  1913.] 


CHAPTER  365. 


AN    ACT    RELATING    TO    THE    DUTIES    AND    POV^ERS    OF    THE    SEALER    OP 
WEIGHTS  AND  MEASURES  FOR  THE  CITY  OF  MANCHESTER. 


Section 

Sect 

1. 

Present  incumbent  continued. 

11. 

2. 

Standards  of  weight,   etc. 

12. 

3. 

Compensation  of  sealer. 

13. 

4. 

Meaning  of  "measure." 

14. 

5. 

Powers  of  sealer. 

15. 

6. 

Inspections  by  sealer. 

7. 

Supervision   of   sales. 

16. 

8. 

To  furnish  copy  of  act. 

17. 

9. 

Measures  to  be  marked  or 

sealed. 

18. 

10. 

Register    of   inspections. 

Quarterly  report  of  sealer. 

Right  of  arrest  and  seizure. 

Hawkers,   peddlers,   etc. 

Sealer   not   to   act   as   agent,    etc. 

Commodities  to  be  weighed  or  meas- 
ured. 

Penalties    for    violations. 

Obstruction  of  sealer,  penalty. 

Repealing  clause;  act  takes  effect  on 
passage. 

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

Section  1.     The  sealer  of  weights  and  measures  for  the  city  of  Present  incumbent 
Manchester  shall  continue  as  at  present  in  his  term  of  office  and 
method  and  time  of  election  of  his  successor,  and  be  subject  to  the 
duties  and  shall  have  the  powers  hereinafter  enumerated. 

Sect.  2.     The  standards  of  weight  and  measures  that  have  been  standards  of 
or  may  hereafter  be  adopted  by  the  state  of  New  Hampshire  shall 
be  the  standards  of  weight  and  measures  for  said  city. 

Sect.  3.     The  compensation  of  the  sealer  of  weights  and  measures  compensation. 
shall  be  determined  by  the  board  of  mayor  and  aldermen. 

Sect.  4.     The  word  ' '  measure "  or  "  measures ' '  as  used  in  this  Meaning  of 
act,  shall  be  construed  to  mean  any  device  or  devices  used  to  ascer- 
tain the  w^eight,  size,  quantity  or  other  dimensions  of  any  liquids, 
solids,  or  other  articles,  but  nothing  in  this  act  shall  apply  to  the 
measuring  by  meter  or  otherwise  of  water,  gas  or  electricity. 

Sect.  5.     The  sealer  of  weights  and  measures  shall  have  the  Powers  of  sealer. 
power   (a)    To  inspect  and  test  the  accuracy  of  all  measures  of 
every  kind,  and  tools  and  appliances  connected  therewith,  used 


918 


Chapter  365. 


ri913 


Inspections. 


and  employed  within  the  city  in  determining  the  weight,  size, 
quantity,  or  other  dimensions  of  any  liquids,  solids,  or  other 
articles  offered  for  sale  or  for  hire  or  award,  (b)  To  reweigh  or 
remeasure  any  package  put  up  ready  for  sale  or  delivery,  or  any 
amount  of  any  commodity  whatsoever,  offered  for  sale  or  sold  by 
weight  or  measure,  or  which  is  commonly  so  sold,  at  any  time 
before  the  actual  delivery  of  such  package  or  amount  of  com- 
modity to  the  buyer,  (c)  To  enter  without  formal  warrant  for  the 
purposes  herein  specified  and  in  the  general  performance  of  his 
official  duties,  any  stand,  place,  building,  or  premises,  or  to  stop 
any  wagon  or  conveyance  or  person,  in  or  upon  which  any  measure 
or  measures  or  weighed  or  measured  packages  or  amounts  of  com- 
modity are  kept  or  maintained  or  carried,  or  where  he  may  suspect 
these  to  be  kept,  maintained  or  carried,  for  the  purposes  of  testing, 
inspecting,  correcting,  and  sealing  or  condemning  such  measure  or 
measures,  or  reweighing  or  remeasuring  such  packages  or  amounts 
of  commodity,  either  upon  his  own  initiative  or  at  the  request  of 
the  mayor  or  the  chief  of  police  of  said  city,  or  upon  the  filing 
by  any  person  of  a  written  request  in  the  office  of  the  sealer  of 
weights  and  measures. 

Sect.  6.  The  sealer  of  weights  and  measures  shall  inspect,  and 
test  all  measures  once  annually  and  oftener  if,  in  his  judgment, 
such  inspection  is  warranted,  (a)  Whenever  any  measure  or 
measures  are  installed,  renewed,  or  altered  in  any  stand,  store, 
conveyance  or  establishment,  (b)  Whenever  any  written  request 
to  examine  any  particular  measure  or  measures  is  filed  in  his  office. 
Provided,  that  nothing  in  this  section  shall  be  deemed  to  render 
necessary  the  testing  or  sealing  of  a  milk  bottle  or  other  glass 
container  more  often  than  once. 

Sect.  7.  It  shall  be  the  duty  of  the  sealer  of  weights  and  meas- 
ures to  have  and  to  keep  a  general  supervision  over  all  sales  of 
commodities  of  whatsoever  kind  and  character  in  the  city:  to  re- 
weigh  or  remeasure  packages  in  accordance  with  section  6  (b) 
whenever  he  may  have  reason  to  suspect  the  perpetration  of  fraud 
in  transactions,  and  to  so  enforce  the  laws  of  the  state  that  fraud 
may  be  eliminated,  in  so  far  as  this  is  possible. 

Sect.  8.  It  shall  be  the  duty  of  the  sealer  of  weights  and  meas- 
ures, upon  his  first  inspection,  to  deliver  and  leave  with  any  person 
for  whom  he  inspects  any  measure  or  measures,  a  printed  copy 
of  this  act. 

Sect.  9.     All  measures  that  are  tested  by  the  sealer  of  weights 
marked  or  sealed.  ^^^  mcasures  and  fouud  to  conform  to  the  legal  standards  shall 
be  marked  with  a  seal  approved  by  the  board  of  mayor  and  alder- 
men and  all  measures  found  not  to  conform  to  the  legal  standards 
shall  be  marked  with  a  red  tag  approved  by  the  board  of  mayor 


Supervision  of 
sales. 


To    furnish 
of  act. 


Measures   to  be 


1913]  Chapter  365.  919 

and  aldermen.  The  sealer  shall,  in  addition,  give  to  each  person, 
firm,  corporation,  society,  or  organization  for  whom  any  measure 
or  measures  have  been  tested,  a  certificate,  properly  dated,  showing 
in  detail  for  what  the  same  is  given  and  the  results  of  his  test,  and 
a  duplicate  thereof,  shall  be  retained  by  the  sealer  and  kept  on 
file  in  his  office.  No  fee  shall  be  collected  for  inspecting  or  sealing 
measures.  No  person  shall  so  mark  or  issue  such  a  certificate  for 
any  measure  or  measures  unless  prev;iously  authorized  by  the  sealer 
of  weights  and  measures  so  to  do.  If  the  sealer  of  weights  and 
measures  shall  affix  either  of  the  said  seals  upon  any  measure  or 
measures,  without  first  making  an  actual  trial  and  proof  of  the 
same,  for  each  measure  so  marked,  he  shall,  upon  conviction,  be 
punished  by  a  fine  of  one  hundred  (100)  dollars  and  be  immedi- 
ately removed  from  his  office. 

Sect.  10.  The  sealer  of  weights  and  measures  shall  keep  a  reg-  Register  of 
ister  of  all  the  measures  inspected  by  him,  in  which  register  he  "^^^^"^  '°°^' 
shall  state  the  names  of  the  owners  of  the  same  and  whether  the 
same,  on  inspection,  were  found  to  be  correct  or  incorrect,  and  if 
found  correct,  that  the  same  were  properly  tested  and  sealed  by 
him;  and  if  found  incorrect  the  disposition  which  he  causes  to  be 
made  thereof.  Such  register  shall  be  kept  in  his  office  in  a  book 
kept  for  that  purpose  and  at  the  close  of  each  and  every  fiscal 
year  he  shall  file  a  copy  thereof,  sworn  to  before  a  notary  public, 
in  the  office  of  the  city  clerk. 

Sect.  11.  The  sealer  of  weights  and  measures  shall  submit  to  Quarterly  report. 
the  board  of  mayor  and  aldermen  every  third  month,  a  written 
report  showing  the  number  and  kind  of  measure  or  measures  in- 
spected, tested  and  sealed  and  the  names  of  the  owners  thereof,  and 
the  number  and  kind  of  measure  or  measures  condemned  and  the 
names  of  the  owners  thereof;  the  names  of  the  persons  arrested 
under  this  act;  the  property  seized  and  the  fines  imposed  and  col- 
lected. The  report  shall  also  include  an  inventory  of  all  the  stand- 
ards in  the  possession  of  the  sealer. 

Sect.  12.  The  sealer  of  weights  and  measures,  by  virtue  of  his  Right  of  arrest 
office,  is  hereby  empowered  and  directed  to  arrest  or  cause  to  be 
arrested  any  and  all  violators  of  the  provisions  of  this  act,  and  to 
seize  any  false  measure  or  measures,  or  false  quantities  of  com- 
modities, found  in  the  possession  of  the  person  so  arrested  and 
deliver  the  same  to  the  magistrate  before  whom  the  person  so 
arrested  is  required  to  be  taken;  and  he  is  further  empowered,  in 
case  no  arrest  is  made,  to  seize  and  destroy  any  false  measure  or 
measures,  or  to  condemn  the  same  and  to  order  the  same  to  be 
repaired  within  ten  days,  if,  in  his  best  judgment,  repair  is  pos- 
sible. The  owner  may  not  use  the  measure  or  measures  of  which 
such  disposition  is  made  until  it  has  been  sealed,  nor  remove  or 
permit  to  be  removed,  any  tag  placed  thereon  by  the  sealer,  and 


920 


Chapter  365. 


[1913 


Hawkers, 
peddlers,    etc. 


Sealer   not    to    act 
as    agent,    etc. 


Commodities  to  be 
weighed    or 
measured. 


Penalties   for 
violations. 


Obstruction    of 
sealer,     penalty. 


he  may  not  dispose  of  the  measure  or  measures  in  any  way,  but 
must  hold  the  same  at  the  disposal  of  the  sealer. 

Sect.  13.  No  license  shall  be  issued  to  any  hawker,  peddler, 
vendor,  or  dealer  unless  he  presents  a  certificate  from  the  sealer 
of  weights  and  measures,  showing  that  the  measure  or  measures 
used  by  him  have  been  properly  inspected,  tested,  and  sealed  im- 
mediately preceding  the  issuance  of  such  license.  And  upon  the 
conviction  of  any  hawker,  peddler,  vendor,  or  dealer,  of  any 
violation  of  the  provisions  of  this  ordinance,  or  other  weights  and 
measures  law,  said  license  shall  be  immediately  revoked. 

Sect.  14.  It  shall  be  unlawful  for  the  said  sealer  to  act  as  agent 
for  or  sell  any  measure  or  measures  or  to  offer  or  expose  the  same 
for  sale  in  the  city  of  Manchester,  or  to  receive  any  article  of  value 
for  repairing  any  measure  or  measures,  under  penalty  of  fifty 
dollars  for  every  such  offense  and  immediate  removal  from  office. 

Sect.  15.  No  person  shall  sell  or  offer  for  sale  within  the  city 
of  Manchester,  any  fruit,  vegetables,  berries  or  grain  of  any  de- 
scription, or  any  article  of  dry  measurements,  or  any  ice,  coal,  or 
any  other  goods,  wares,  merchandise,  commodity  or  produce,  with- 
out having  first  correctly  weighed  or  measured  the  same,  in  the 
amount  ordered  or  purchased  by  the  buyer. 

Sect.  16.  Any  person  engaged  in  trade  who  violates  any  of  the 
provisions  of  this  act,  or  who  uses  or  has  in  his  possession  any 
false  or  condemned  measure  or  measures,  or  any  weighing  machine 
which  does  not  balance,  or  any  measure  or  measures  which  have 
not  been  sealed  within  one  year ;  or  any  person  who  is  guilty  of 
giving  false  or  insufficient  weight  or  measure  of  commodities,  or 
of  selling  commodities  in  a  manner  contrary  to  law,  shall  forfeit 
not  less  than  twenty  dollars  nor  more  than  one  hundred  dollars 
for  the  first  offense ;  and  upon  a  second  or  subsequent  conviction 
shall  forfeit  not  less  than  fifty  dollars  nor  more  than  two  hundred 
dollars,  or  be  imprisoned  for  not  more  than  one  year,  or  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court.  The 
possession  of  any  false,  unsealed  or  condemned  measure  or  measures 
or  packages  of  false  or  insufficient  weight  or  measure  shall  be  prima 
facie  evidence  that  the  same  was  intended  to  be  used  or  sold  in 
violation  of  this  act.  The  penalty  hereby  imposed  shall  be  in 
addition  to  any  other  liability  imposed  by  law. 

Sect.  17.     Whoever  in  any  manner  whatsoever  wilfully  obstructs 
the  sealer  of  weights  and  measures  in  the  performance  of  his  duties 
shall  be  subject  to  a  fine  of  not  more  than  one  hundred  dollars. 
Sect.  18.     All  acts  or  parts  of  acts  inconsistent  herewith  are 


Repealing    clause; 

on  passage.  hereby  repealed,  and  this  act  to  take  effect  on  its  passage. 


[Approved  April  15,  1913.] 


1913] 


Chapter  3G6. 


921 


CHAPTER  366. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  241  OF  THE  LAWS  OF  1891,  EN- 
TITLED, "an  act  to  ESTABLISH  THE  CITY  OF  ROCHESTER,"  AS 
AMENDED  BY  CHAPTER  309  OF  THE  LAWS  OF  1893. 


Section 

1.  Revision    of    check-lists. 

2.  Police    court. 


Section 

3.  Ward   limits   defined. 

4.  Present  incumbents  continued. 


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

Section  1.     Chapter  241  of  the  Laws  of  1891  is  hereby  amended  Revision  of 

•1    •  •  -VT  r^  r.  •  1         1  T      •  •  •  T         check-HstS. 

by  striking  out  section  No.  9  oi  said  chapter  and  inserting  m  the 
place  thereof  the  following :  Sect.  9.  Said  board  shall  be  in 
session  at  such  places  as  they  shall  designate  for  the  purpose  of 
revising  and  correcting  the  list  of  voters  three  days  for  state  and 
two  days  for  all  other  elections  including  primaries,  within  ten 
days  next  preceding  the  day  of  election,  the  first  day  of  such  ses- 
sions to  be  at  least  six  days  before  the  day  of  election,  the  last 
session  to  be  the  day  next  preceding  the  day  of  election,  from  one 
to  five  and  from  seven  to  nine  o'clock  in  the  afternoon  each  of  said 
days,  and  no  name  shall  be  added  to  said  lists  after  the  last  meeting 
except  such  as  may  have  been  left  off  through  mistake  and  not 
then  unless  the  supervisor  in  attendance  in  any  ward  where  such 
omission  occurs  clearly  knew  before  the  list  was  made  out  that  the 
name  thus  omitted  legally  belonged  upon  it.  In  the  preparation 
of  said  lists  said  board  shall  have  all  the  power  granted  and  per- 
form all  the  duties  prescribed  in  sections  five,  six  and  seven  of 
chapter  30  of  the  General  Laws. 

Sect.  2.  Strike  out  section  No.  26  and  insert  in  the  place  thereof  Police  court, 
the  following:  There  is  hereby  established  and  constituted  a  police 
court  for  the  city  of  Rochester  which  shall  be  known  as  the  Roches- 
ter police  court,  and  all  precepts,  civil  and  criminal  which  by  law 
are  returnable  to  or  which  may  be  instituted  or  pending  before 
said  police  court  for  the  city  of  Rochester,  when  this  act  shall  take 
effect,  shall  be  heard  and  determined  before  the  Rochester  police 
court.  The  salary  of  the  judge  of  the  Rochester  police  court  and 
the  clerk  thereof  may  be  established  by  the  council  of  the  city  of 
Rochester,  and  until  it  is  so  established,  it  shall  be  the  sum  of 
four  hundred  dollars  per  annum  for  the  salary  of  the  judge  of 
said  court;  and  one  hundred  dollars  per  annum  for  the  salary  of 
the  clerk  of  said  court.  All  laws  now  in  force  with  reference  to 
police  courts  shall  apply  to  said  Rochester  police  court,  and  the 
police  court  heretofore  known  as  the  police  court  of  the  city  of 
Rochester  is  herebv  abolished. 


922  Chapteri  366.  [1913 

Ward  limits  Sect.  3.     Strike  out  all  of  sections  Nos.  1  and  2  chapter  309  of 

^  °^  ■  the  Laws  of  1893  in  amendment  of  chapter  241  of  the  Laws  of 

1891  and  insert  in  the  place  thereof  the  following:  The  said  city 
of  Rochester  is  hereby  divided  into  six  wards  which  shall  be  con- 
stituted as  follows:  Ward  No.  1  shall  include  all  that  part  of 
said  Rochester  bounded  northwesterly  by  the  town  lines  of  Far- 
mington  and  Milton,  northeasterly  by  the  Salmon  Falls  river,  south- 
easterly by  the  town  line  of  Somersworth,  and  southwesterly  by  a  line 
commencing  on  the  Farmington  town  line  at  the  road  leading  past 
the  dwelling-house  of  J.  E.  Kimball,  thence  running  southeasterly 
by  said  road  past  the  dwelling-house  of  Leonard  W.  Smith  to  the 
Portsmouth,  Great  Falls  &  Conway  branch  of  the  Boston  &  Maine 
Railroad,  thence  by  said  railroad  southeasterly  to  its  first  inter- 
section with  the  Wakefield  road,  thence  southeasterly  in  a  direct 
course  to  the  Portland  &  Rochester  Railroad  at  the  culvert  next 
northeasterly  from  the  cellar  over  which  formerly  stood  the  dwel- 
ling-house of  the  late  Ebenezer  Jacobs,  thence  southeasterly  in  a 
direct  course  to  the  intersection  of  the  old  and  new  roads  from 
Rochester  village  to  East  Rochester  near  the  dwelling-house  of 
Maynard  Russell,  thence  by  the  centre  of  said  old  road  past  the 
dwelling-house  of  Frank  P.  Wentworth  to  the  Chamberlain  road, 
thence  by  the  Chamberlain  road  (but  excluding  all  inhabitants 
residing  upon  it)  to  the  road  from  Rochester  village  to  Great  Falls, 
thence  by  said  road  southeasterly  to  the  easterly  corner  of  the 
homestead  farm  of  George  D.  Pike,  thence  southwesterly  by  said 
Pike's  land  to  a  point  on  a  line  with  the  Chamberlain  road  afore- 
said, thence  southeasterly  on  a  line  with  said  Chamberlain  road  to 
said  branch  of  said  Boston  &  Maine  Railroad,  thence  by  said  rail- 
road to  the  town  line  of  Somersworth. 

Ward  No.  2  shall  include  all  that  part  of  said  Rochester  bounded 
northwesterly  by  a  line  commencing  on  the  Cocheco  river  at  a 
passway  on  the  northwesterly  side  of  land  of  Victoria  A.  Hodgdon 
in  Rochester  village,  thence  by  said  passway  northeasterly  to  the 
junction  of  Spring  and  Sheridan  streets,  thence  by  Spring  street 
to  Charles  street  at  the  junction  with  Knight  street,  thence  by 
Knight  street  to  Main  street,  thence  by  Main  street  to  Winter 
street,  thence  by  Winter  street  to  Adams  street,  thence  by  Adams 
street  to  said  old  road  leading  from  Rochester  village  to  East 
Rochester,  thence  by  said  old  road  to  the  Chamberlain  road  afore- 
said, northeasterly  by  the  southwesterly  bounds  of  Ward  No.  1, 
including  all  inhabitants  residing  upon  said  Chamberlain  road, 
southeasterly  by  the  town  line  of  Somersworth,  to  the  Somersworth 
road,  thence  running  northwesterly  on  said  Somersworth  road  to  the 
junction  of  the  old  Dover  road,  thence  by  said  Dover  road  past  the 
.    dwelling-house  of  J.  Trafton  Whipple  to  the  brook  just  beyond  the 


1913]  Chapter  366.  923 

house  of  James  Whipple  but  exchuliiig  all  inhabitants  residing  upon 
said  roads  from  Somersworth  line  to  the  said  brook,  thence  by- 
said  brook  to  the  Boston  &  Maine  Railroad,  thence  northerly  by 
said  railroad  to  the  aforesaid  Dover  road,  thence  by  said  road  to 
the  foot  of  Charles  street,  thence  turning  and  running  south- 
westerly by  the  Gonic  road  to  the  Cocheco  river,  thence  north- 
westerly by  said  river  to  the  passway  aforesaid. 

Ward  No.  3  shall  include  all  that  part  of  said  Rochester  bounded 
easterly  by  that  part  of  the  boundary  line  of  Ward  No.  2  which 
runs  from  the  Somersworth  line  to  the  Cocheco  river,  thence  by 
said  river  to  a  point  where  the  Hurd  brook  enters  the  same,  thence 
by  said  brook  to  the  point  where  it  passes  under  the  road  leading 
to  the  French  Catholic  cemetery,  thence  by  said  road  northerly 
to  the  road  leading  from  Rochester  to  Barrington,  thence  crossing 
said  road  and  running  northwesterly  by  the  road  lying  east  of  the 
residence  of  Charles  A.  Allen  to  the  Meaderboro  road,  thence 
turning  and  running  northwesterly  by  said  Meaderboro  road  to 
the  junction  of  the  Sampson  road  and  the  Meaderboro  road,  thence 
running  northwesterly  on  said  Sampson  road  to  the  intersection  of 
said  road  with  another  road  near  the  residence  of  Moses  Page, 
thence  running  in  a  straight  line  in  continuation  of  the  Sampson 
road  to  the  Farmington  town  line,  thence  southwesterly  on  said 
Farmington  town  line  to  the  Strafford  town  line,  thence  south- 
easterly by  the  town  lines  of  Strafford  and  Barrington  to  the 
Dover  line,  thence  northeasterly  by  the  boundary  lines  of  Dover 
and  Somersworth  to  the  point  begun  at. 

Ward  No.  4  shall  include  all  that  part  of  said  Rochester  com- 
mencing at  the  junction  of  the  Hurd  brook  with  the  Cocheco 
river,  thence  running  northerly  by  said  river  to  Bridge  street ; 
thence  by  Bridge  street  northeasterly  to  Market  street ;  thence 
northerly  by  Market,  Elm  and  Walnut  streets  to  High  street; 
thence  northeasterly  on  High  street  to  Elm  street ;  thence  south- 
erly on  Elm  street  past  the  house  of  William  A.  Henderson  to  a 
passway;  thence  northeasterly  by  said  passway  to  the  junction  of 
the  same  in  a  straight  line  to  the  Cocheco  river;  thence  by  the 
Cocheco  river  northerly  to  the  town  line  of  Farmington ;  thence 
southwesterly  by  the  town  line  of  Farmington  to  the  point  where 
the  boundary  line  of  Ward  No.  3  intersects  the  Farmington  town 
line ;  thence  southeasterly  by  the  boundary  line  of  ward  3  to  a  junc- 
tion of  the  Hurd  brook  with  the  Cocheco  river. 

Ward  No.  5  shall  include  all  that  part  of  said  Rochester  bounded 
northwesterly  by  the  town  line  of  Farmington ;  northeasterly  by 
the  southwesterly  bounds  of  Ward  No.  1,  southeasterly  by  a  line 
commencing  on  the  Portland  &  Rochester  Railroad  at  its  inter- 
iseetion  with  the  southwest  bounds  of  Ward  No.  1 ;  thence  running 

30 


924 


Chapter  367. 


[1913 


Present    incum- 
bents   continued. 


southwesterly  by  said  railroad  to  Autumn  street ;  thence  by  Autumn 
street  to  Wakefield  street ;  thence  crossing  Wakefield  street  to  Mar- 
ket street;  thence  by  Market  street  to  Bridge  street  to  the  bounds 
of  Ward  No.  4;  thence  westerly  by  Market,  Elm  and  Walnut 
streets  following  the  boundary  lines  of  Ward  No.  4  to  the  Cocheco 
river;  thence  northerly  by  the  Cocheco  river  to  the  Farmington 
town  lines  at  the  point  begun  at. 

Ward  No.  6  shall  include  all  that  part  of  said  Rochester  not 
embraced  in  the  other  wards  as  herein  constituted. 

Sect.  4.  All  present  incumbents  of  the  city  offices  shall  serve 
out  their  unexpired  terms  for  the  several  wards  to  which  they  were 
elected,  and  have  the  same  powers  and  duties  in  every  respect  as 
if  section  three  of  this  act  had  not  been  adopted. 


[Approved  April  16,  1913.; 


CHAPTER  367. 


AN   ACT    TO   EXTEND    THE    CHARTER    OF    THE   NORTHERN    FIDELITY    AND 

TRUST  COMPANY. 


Section 

1.     Charter  extended. 


Section 

2.      Repealing  clause; 
passage. 


act  takes  effect  on 


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

Charter  extended.  SECTION  1.  The  Northern  Fidelity  and  Trust  Company,  a  cor- 
poration chartered  by  act  of  the  legislature  approved  March  21, 
1901,  is  hereby  authorized  to  organize  and  commence  business 
within  four  years  from  May  1,  1913 ;  and  if  said  corporation  shall 
not  organize  and  commence  business  within  said  time  its  charter 
shall  thereupon  be  rendered  void. 
Repealing  ciaTise;  Sect.  2.  All  acts  and  parts  of  acts  inconsistent  with  this  act 
on  passage.  are  hereby  repealed  and  this  act  shall  take  effect  upon  its  passage. 


[Approved  April  22,  1913. 


1913] 


Chapter  368. 


925 


CHAPTER  368. 


AN    ACT    TO    INCORPORATE    THE    PIONEER   ELECTRIC    COMPANY. 


Section 

Section 

1.      Corporation  constituted. 

8. 

Right  of  eminent  domain. 

2.      Capital  stock. 

9. 

Corporate  seal;  by-laws. 

3.      Issue   of  bonds. 

10. 

First  meeting. 

4.      Right  to  acquire  property 

etc. 

11. 

Limitation   of   act. 

5.     Production  of  electricity, 

etc. 

12. 

Subject    to    repeal;    takes    effect 

6.      Sale  of  electricity. 

passage. 

7.      Erection   of   poles,    wires, 

etc. 

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


Section  1.  That  Herman  H.  Sanborn,  Dora  E.  Sanborn,  Ethel  Corporation  con- 
A.  Odom,  Henry  L.  Nealley,  and  J.  Frank  Clark,  and  their  sue-  * '  "^  *^  • 
eessors  and  assigns,  shall  be,  and  hereby  are  made  a  body  politic 
and  corporate  by  the  name  of  The  Pioneer  Electric  Company,  to 
be  located  in  the  town  of  Waketield  in  this  state,  and  by  that  name 
may  sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and 
execution,  and  shall  be  and  hereby  are  invested  with  all  the  powers 
and  privileges,  and  made  subject  to  all  liabilities  under  the  laws 
of  this  state  applicable  thereto,  so  far  as  the  same  are  not  incon- 
sistent with  this  act. 

Sect.  2.     The  capital  stock  of  this  corporation  shall  be  seven  capital  stock. 
thousand  five  hundred  dollars  ($7,500)  to  be  divided  into  shares 
of  the  par  value  of  twenty-five  dollars  ($25)  each. 

Sect.  3.  Said  corporation  may  issue  bonds  and  other  obligations,  issue  of  bonds, 
secured  hy-  mortgage  of  its  franchise  and  other  property,  to  carry 
out  the  purposes  for  which  it  is  created ;  but  such  corporation  may 
issue  capital  stock  and  bonds  to  such  an  amount  only  as  may  be 
necessary  for  the  purposes  authorized  in  this  charter,  and  its 
bonded  and  other  indebtedness  shall  at  no  time  exceed  the  amount 
of  its  capita]  stock  actually  paid  in ;  of  which  capital  stock  so  much 
shall  be  preferred,  and  be  preferred  in  such  manner,  under  such 
terms  and  with  conditions  as  a  majority  of  the  stockholders  of  said 
Pioneer  Electric  Company  present  and  voting  at  a  meeting  for  said 
purpose  shall  determine. 

Sect.  4.  This  corporation  shall  have  power  and  authority  to  pur-  Right 
chase,  hold  and  employ  the  property,  rights  and  franchises  of  any  p'"°p"*^' 
other  company  or  individual  engaged  in  the  towns  of  Wakefield  and 
Brookfield  in  supplying  electricity  for  public  use ;  and  to  pay  for 
same  by  issuing  stock  not  exceeding  at  par  the  value  of  the  property, 
rights,  franchises  or  securities  so  purchased.  The  acquisition  by 
said  corporation  of  the  property,  rights  and  franchises  of  any 
other  company  or  individual  is  hereby  confirmed.    Said  corporation 


to    acquire 

etc. 


926  Chapter  368.  [1913 

may  hold,  lease,  purchase  and  acquire  such  other  real  and  personal 
estate  as  may  be  necessary  or  convenient  in  the  prosecution  of  its 
business,   and   the  same  may  be   sold,   leased   or  disposed   of  at 
pleasure. 
Production  of  Sect.  5.     Tliis  corporatiou  shall  have  the  power  and  authority 

electricity,    etc.  .  j.  j  j;      j.  i   •  j  i- 

to  own,  operate  and  manuiacture  machinery  and  appliances  con- 
nected with  and  incident  to  the  use  of,  and  convenient  for  pro- 
ducing, developing,  distributing,  measuring  and  utilizing  elec- 
tricity, and  electrical  agencies  for  lighting,  power,  heating,  and 
mechanical  purposes. 

Sale  of  electricity.  Sect.  6.  This  Corporation  shall  have  the  power  and  authority 
to  sell  and  distribute  electricity  through  the  towns  of  Wakefield 
and  Brookfield ;  may  regulate  the  use  of  the  same,  and  fix  and 
collect  rents  to  be  paid  for  the  same.  The  said  towns  and  pre- 
cincts therein  are  hereby  authorized  to  contract  with  said  corpo- 
ration for  electricity  for  public  uses,  on  such  terms  as  the  parties 
may  agree,  and  to  raise  money  therefor  in  the  same  manner  as 
any  other  town  and  precinct  charge. 

Erection  of  poles,      Sect.  7.     This  Corporation  may  erect  poles  and  place  wires  for 

wires,  etc.  ^j^^  transmission  of  electricity,  or  may  lay  the  same  in  subterranean 

tubes,  through,  or  over  the  lands  of  any  person  or  corporation,  and 
over  or  under  any  railroad  or  private  way ;  and,  having  first  ob- 
tained ,  the  permission  of  the  municipal  officers  of  said  towns  or 
precincts,  and  under  such  restrictions  and  regulations  as  they  may 
prescribe,  along  the  streets  and  ways  of  said  towns ;  and  may 
enter  upon  and  dig  up  any  such  real  estate,  street  or  way  for  the 
purposes  aforesaid ;  and  it  may  do  any  other  thing  or  act  necessary 
or  convenient  or  proper  to  carry  out  the  purposes  for  which  this 
corporation  is  created. 

night  of  eminent  Sect.  8.  This  Corporation  is  hereby  authorized  to  enter  upon 
°™^'°'  and  take  any  real  estate,  including  any  right  of  way  or  easement, 

and  personal  property  belonging  to  any  individual,  partnership 
or  corporation,  under  and  by  virtue  of  the  law  of  eminent  domain ; 
provided  that  if  it  be  necessary  to  enter  upon  and  appropriate  any 
private  property  or  easement  therein,  and  said  corporation  shall 
not  be  able  to  agree  with  the  owner  thereof  for  the  damages  that 
may  be  done  by  said  corporation,  or  the  owner  shall  be  unknown, 
either  party  may  apply  to  the  superior  court,  at  a  trial  term  of  the 
same  in  the  county  of  Carroll,  and  have  the  same  laid  out,  and 
the  damages  determined ;  and  the  said  court  shall  refer  the  same  to 
the  county  commissioners  for  said  county,  who  shall  appoint  a  time 
and  place  of  hearing,  and  give  notice  thereof  in  the  same  manner 
as  now  provided  by  law  for  the  laying  out  of  highways,  and  said 
commissioners  shall  make  report  to  said  court,  and  said  court  may 
enter  such  judgment  or  make  such  decree,  to  carry  its  decision  into 


1913]  Chapter  369.  927 

effect,  including  execution  for  costs,  as  justice  may  require.  The 
provisions  of  this  act  shall  not  be  so  construed  as  to  allow  the 
taking  of  any  of  the  property  of  any  existing  electric  light  or 
power  company. 

Sect.  9.     This  corporation  may  have  a  corporate  seal,  and  may  Corporate  seal; 
make  such  by-laws  not  in  conflict  with  the  laws  of  the  state  as  it  ^y'*^®- 
may  require,  and  may  fix  the  time  and  place  for  holding  the  annual 
meeting. 

Sect.  10.  Any  person  named  in  this  act  may  call  the  first  meet  First  meeting. 
ing  of  the  corporation  by  personal  notice  to  all  the  grantees,  or 
by  publication  in  any  newspaper  printed  in  said  Wakefield,  at  least 
ten  days  prior  to  the  time  of  holding  said  meeting,  at  which  meet- 
ing, or  any  other  meeting  duly  called,  or  any  adjournments  thereof, 
associates  may  be  elected,  by-laws  adopted,  and  a  president,  clerk 
and  such  other  officers  and  agents  as  may  be  determined  necessary, 
may  be  chosen,  who  shall  hold  office  until  the  first  annual  meeting 
thereafter,  or  until  their  successors  shall  be  chosen  at  a  meeting  of 
the  stockholders  legally  called. 

Sect.  11.  Nothing  in  this  act  shall  be  construed  to  exempt  the  Limitation  of  act. 
corporation  hereby  created  from  the  supervision  of  the  public 
service  commission  in  respect  to  capitalization,  engaging  in  busi- 
ness in  territory  already  served  by  other  utilities,  character  of 
service,  rates  for  service,  or  in  any  other  particular,  but  said  cor- 
poration shall  be  in  all  respects  subject  to  the  supervision  of  said 
commission  as  if  incorporated  under  the  general  law  providing 
for  the  formation  of  voluntary  corporations. 

Sect.  12.    -The  legislature  may  alter,  amend  or  repeal  this  act  Subject  to  repeal; 

.    ^  .  .  ,,  takes    effect    on 

whenever  the  public  good  may  require  the  same,  and  this  act  shall  passage. 
take  effect  upon  its  passage. 

[Approved  April  22,  1913.] 


CHAPTER  369. 


AN  ACT  TO  EXEMPT  CERTAIN  PROPERTY  OF  THE  NEW  HAMPSHIRE  SET- 
TLEMENT  ASSOCIATION   FROM    TAXATION. 

Section  I    Section 

1.      Property   exempted.  '        2.      Takes   effect  on   passage. 

Whereas,  The  New  Hampshire  Settlement  Association,  a  corpo-  Preamble. 
ration  organized  under  the  general  law,  owns  and  occupies  a  lot  and 
building  thereon  on  Walnut  street  in  the  city  of  Manchester,  the  funds 
for  the  purchase  of  said  lot  and  building  having  been  donated  to  said 
association  to  be  used  for  its  purposes ;  and 


928 


Chapter  370. 


[1913 


Property 
exempted. 


Takes   effect 
on   passage. 


Whereas,  said  association  is  non-sectarian,  and  its  object  is  to 
provide,  maintain  and  support  a  home  for  young  working  women, 
or  women  receiving  very  low  salaries,  or  those  training  for  self- 
support,  who  need  temporary  aid,  also  to  establish,  maintain  and 
support  a  settlement  for  social,  educational  and  moral  enlighten- 
ment ;  therefore, 

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

Section  1.  The  lot  of  land  above  described  with  the  improve- 
ments thereon  shall  be  exempt  of  taxation,  so  long  as,  and  to  the 
extent  that,  it  is  used  for  the  purposes  of  said  association. 

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

[Approved  April  22,  1913.] 


CHAPTER  370. 


AN  ACT  TO  AMEND  AN  ACT  PASSED  AT  THE  PRESENT  LEGISLATIVE  SES- 
SION, ENTITLED  "  AN  ACT  TO  INCORPORATE  THE  ISRAEL'S  RIVER  IM- 
PROVEMENT  COMPANY." 


Section    1.     Application  of  prior  act  limited. 

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

Application  of  act  SECTION  1.  That  the  act  entitled,  "An  Act  to  incorporate  the 
Israel's  River  Improvement  Com'pany, "  [chapter  353,  Laws  1913] 
shall  be  amended  and  hereby  is  amended  by  adding  thereto  after 
section  8  the  following  section:  This  charter  shall  not  be  con- 
strued to  interfere  with  the  power  of  the  state  of  New  Hampshire 
to  grant  rights  to  other  persons  or  corporations  to  build  or  construct 
dams  or  other  improvements  on  said  Israel's  river  or  the  tributaries 
thereof,  and  this  charter  shall  be  void  unless  said  corporation  shall 
organize  within  one  year  after  the  passage  of  this  act,  and  shall 
so  notify  the  secretary  of  state,  and  unless  the  improvements 
for  the  making  of  which  this  charter  is  granted  shall  have  been 
substantially  completed  within  five  years  from  the  date  of  the 
passage  of  this  act. 

[Approved  April  22,  1913.] 


1913]  Chapters  371,  372.  *  929 

CHAPTER  371. 

AN  ACT  TO  EXEMPT  FROM  TAXATION  THE  PROPERTY  OF  THE  GOOD  WILL 
INSTITUTE  OF  NASHUA,  NEW  HAMPSHIRE. 

Section  I   Section 

1.      Property  exempted.  '        2.     Takes  eflfect  on  passage. 

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

Section  1. '  The  real  and  personal  property,  now  held  by  the  Property 
Good  "Will  Institute  located  in  Nashua,  New  Hampshire,  together 
with  all  property  that  may  be  hereafter  acquired  by  said  corpora- 
tion and  located  in  said  Nashua,  and  improvements  thereon  will  and 
shall  be  exempt  from  taxation  so  long  as  said  property  is  used  for 
charitable  purposes. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  Jn'^plsS? 

[Approved  April  22,  1913.] 


CHAPTER  372. 

an    act    to    AUTHORIZE    THE    TOWN    OF    CLAREMONT    TO    REFUND    ITS 
RAILROAD  DEBT  BY   ISSUING  NEW  BONDS. 


Section 

1.  Authority   granted. 

2.  Terras  and  conditions. 


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  town  of  Claremont  in  the  county  of  Sullivan  is  Authority  granted. 
hereby  authorized  and  empowered  to  refund  its  railroad  debt,  so 
called,  amounting  to  fifty  thousand  dollars  ($50,000)  which  is  to 
mature  on  the  1st  day  of  April,  1914,  by  issuing  new  bonds,  said 
new  issue  of  bonds  to  conform  in  all  respects  with  the  provisions 
of  chapter  43  of  the  Laws  of  1895,  known  as  the  "Municipal  Bonds 
Act,  1895,"  except  as  regards  the  time  for  the  final  payment  of 
the  debt  evidenced  by  said  bonds. 

Sect.  2.  Said  new  issue  of  bonds  shall  be  made  upon  such  terms  Terms  and 
and  conditions  that  twenty-five  hundred  dollars  ($2,500)  of  the"'*'^'^'""'''- 
principal  debt  shall  become  due  and  payable  each  year  and  the 


930 


Chapters  373,  374. 


[1913 


last  bond  shall  become  due  and  the  entire  debt  be  paid  not  later 

than  the  1st  day  of  April,  1934. 
Repealing  ciau-^e;      Sect.  3.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are 
on  passage.  hereby  repealed  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  April  22,  1913.] 


CHAPTER  373. 


AN  ACT  TO  EXEMPT  THE  CHASE  HOME  FOR  CHILDREN  FROM   TAXATION. 


Property 
exempted. 


Takes  effect' 
on   passage. 


Section 

1.      Property  exempted. 


I   Section 

'        2.      Takes  effect   on  passage. 


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

Section  1.  The  Chase  Home  for  Children,  of  Portsmouth,  being 
a  charitable  institution,  without  profit  to  any  person,  the  property 
thereof  shall  be  exempt  from  taxation. 

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

[Approved  April  22,  1913.] 


CHAPTER  374. 


AN  ACT  IN  AMENDMENT  OP  CHAPTER  220,  SECTION  1  OF  THE  SESSION 
LAWS  OF  1901  RELATING  TO  THE  CHARTER  OF  THE  CITY  OF  MAN- 
CHESTER. 


Compensation  of 
conn  oilmen. 


Section 

1.      Compensation    of    councilmen. 


Section 

2.     Takes  effect  January  1,  1914. 


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

Section  1.  Amend  chapter  220,  section  1,  of  the  session  Laws 
of  1901  by  adding  at  the  end  of  said  section  the  words  the  members 
of  the  common  council  shall  each  receive  a  compensation  of  three 
dollars  for  each  meeting  of  the  council  at  which  they  are  present. 
The  records  of  attendance  shall  be  kept  by  the  clerk  of  the  council 
and  bills  for  the  services  of  members  shall  be  made  out  by  the 
clerk  to  be  approved  by  the  city  auditor  and  to  be  payable  at  the 
end  of  the  quarter  of  each  year.     But  the  sum  total  of  all  com- 


1913]  Chapters  375,  376.  931 

pensation  to  councilmen  shall  not   in  any  one  year  exceed  one 
hundred  dollars  each,  and  shall  be  in  full  payment  for  all  services. 

Sect.  2.     This  act  shall  take  etifect  on  January  1,  1914.  Takes  effect 

January    1,    1914. 

[Approved  April  22,  1913.] 


CHAPTER  375. 


AN  ACT  TO  EXEMPT  THE  INFANT  ASYLUM  OF  OUR  LADY  OF  PERPETUAIj 
HELP,  OF  THE  CITY  OF  MANCHESTER,  FROM  TAXATION. 

Sectiox  i   Section 

1.      Property  exempted.  '        2.     Takes  effect   on   passage. 

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

Section  1.  As  the  Infant  Asylum  of  Our  Lady  of  Perpetual  fj^'^Pp^ed. 
Help,  located  in  the  city  of  Manchester,  and  legal  title  to  whose 
property  is  in  Roman  Catholic  Bishop  of  Manchester,  a  corpora- 
tion sole,  is  a  charitable  institution  without  profit  to  any  person, 
all  property  now  owned  or  however  hereafter  acquired  by  said 
asylum  for  the  purposes  of  said  asylum,  so  long  as  the  extent  that 
said  property  is  used  for  the  purposes  for  which  said  infant  asylum 
was  established,  is  hereby  exempt  from  taxation. 

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

^  ^  on   passage. 

[Approved  April  22,  1913.] 


CHAPTER  376. 

an  act  authorizing  THE   CAPITAL  FIRE  INSURANCE   COMPANY   TO   IN- 
CREASE ITS  CAPITAL  STOCK. 

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  Capital  Fire  Insurance  Company  is  hereby  au-  Authority  granted. 
thorized  and  empowered  to  increase  its  capital  stock  to  an  amount 
not  exceeding  four  hundred  thousand  dollars.     Such  increase  may 


932 


Chapter  377. 


[1913 


Takes   effect 
on   passage. 


be  made  from  time  to  time  by  a  majority  vote  at  any  stockholders' 
meeting  the  call  for  which  shall  give  notice  of  such  purpose,  and 
may  also  be  made  in  the  manner  provided  by  any  general  laws 
relating  to  voluntary  corporations  which  shall  be  in  force  at  the 
time  of  such  increase.  Any  portion  of  the  capital  stock  may  be 
issued  upon  such  terms  of  preference  as  to  dividends  or  upon 
liquidation  and  with  respect  to  voting  power  as  may  be  provided 
for  in  the  votes  or  resolutions  in  pursuance  of  which  the  same  may 
be  issued,  but  no  preferred  stock  shall  be  issued  except  upon  terms 
that  the  rights  of  the  holders  of  the  same  shall  be  upon  an  equality 
in  all  respects  with  the  rights  of  the  holders  of  preferred  stock 
now  outstanding. 

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

[Approved  April  22,  1913.] 


CHAPTER  377. 


AN  ACT  TO  INCORPORATE  THE  YOUNG  MEN 's  CHRISTIAN  ASSOCIATION  OF 

BERLIN. 


Sectiox 

1.  Corporation  constituted. 

2.  Right  to  hold  property. 


Section 

3.  First    meeting. 

4.  Takes  effect   on   passage. 


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


Corporation 
eonstituted. 


Right  to  hold 
property. 


Section  1.  That  Daniel  J.  Daley,  Fremont  D.  Bartlett,  William 
E,  Corbin,  Robert  B.  Wolf,  Frederick  A.  Dieckmann,  and  Columbus 
P.  Kimball,  their  associates,  successors,  and  assigns,  be,  and  they 
hereby  are  constituted  a  body  politic  and  corporate  by  the  name 
of  the  Young  Men's  Christian  Association  of  Berlin,  for  the  pur- 
pose of  improving  the  physical,  intellectual,  spiritual  and  social 
condition  of  the  young  men  of  Berlin  and  vicinity ;  and  by  that 
name  may  sue,  and  be  sued,  prosecute  and  defend  to  final  judgment 
and  execution,  and  shall  be,  and  hereby  are  vested  with  all  the 
rights,  powers,  and  privileges,  and  subject  to  all  the  duties  and 
liabilities,  incident  to  corporations  of  a  similar  nature. 

Sect.  2.  Said  corporation  may  have  a  common  seal,  and  alter 
the  same  at  pleasure,  may  take  and  hold  by  gift,  grant,  purchase, 
devise,  lease,  or  otherwise,  real  and  personal  estate  to  an  amount 
not  exceeding  one  hundred  and  fifty  thousand  dollars,  for  the  use, 
objects,  and  benefits  of  the  corporation,  and  the  same  manage, 
and  dispose  of  at  pleasure ;  may  lease,  or  erect,  maintain  and  equip 


1913]  Chapter  378.  933 

suitable  buildings  for  its  use,  and  being  incorporated  for  the  pur- 
poses aforesaid,  the  real  and  personal  property  now  owned  and  to 
be  acquired  by  it  shall  be  exempt  from  taxation. 

Sect.  3.  The  five  first  persons  named  in  this  act  may  call  the  first  First  meeting. 
meeting  of  the  corporation  in  such  manner  as  they  may  deem  expe- 
dient, at  which,  or  at  any  subsequent  meeting,  such  officers  and 
agents  as  may  be  thought  proper  may  be  chosen,  and  such  by-laws 
and  regulations  for  the  management  of  the  affairs  and  interests  of 
the  corporation  adopted  as  may  be  deemed  expedient,  not  repugnant 
to  the  constitution  and  laws  of  the  state. 

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

'^  •*■  °  on    passage. 

[Approved  April  22,  1913.] 


CHAPTER  378. 


AN    ACT    TO    EXEMPT    FROM    TAXATION    THE    PROPERTY    OP    L  HOPITAL 
NOTRE  DAME  DE  LOURDES  DE  MANCHESTER,  N.   H. 

Sectiok  I   Sectiox 

1.      Property  exempted.  '         2.      Takes   effect   on   passage. 

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

Section  1.  Whereas  L'Hopital  Notre  Dame  de  Lourdes  de  Man-  Property 
Chester,  N.  H.  (our  Lad 3^  of  Lourdes  Hospital  of  Manchester,  N. 
H.),  a  corporation  organized  under  the  general  law,  owns  certain 
real  and  personal  property  in  the  city  of  Manchester,  and  by  its 
articles  of  association  is  authorized  and  intends  to  acquire  and 
hold  certain  other  real  and  personal  property  in  said  city  of 
Manchester  and  in  other  cities  and  towns  in  the  state  of  New 
Hampshire ;  and  whereas  said  corporation  is  formed  solely  for 
benevolent  and  charitable  purposes  and  not  for  the  purpose  of 
profit  or  gain,  be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives in  General  Court  convened :  that  all  the  real  and  personal 
property  now  owned,  or  which  may  hereafter  be  acquired  and  held 
by  said  corporation  for  its  benevolent  and  charitable  purposes 
shall  be  exempt  from  taxation  so  long  as  and  to  the  extent  that  it 
shall  be  used  for  such  benevolent  and  charitable  purposes  in  the 
state  of  New  Hampshire. 

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

on   passage, 

[Approved  April  22,  1913.] 


934 


Chapter  379. 


[1913 


CHAPTER  379. 

AN  ACT  TO  AUTHORIZE  THE  SUNCOOK  VALLEY  RAILROAD  TO  EXTEND  ITS 
RAILROAD  TO  MANCHESTER. 


Extension 
authorized. 


Subject    to 
general  laws. 


Limitation  ; 
takes  effect  on 
passage. 


act 


Section 

1.  Extension   authorized. 

2.  Subject  to   general  laws. 


Section 

3.      To  be  built  by  December  31,    1919; 
act  takes  effect  on  passage. 


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

Section  1.  That  the  Simcook  Valley  Railroad  be  and  hereby  is 
authorized  aud  empowered  to  extend  its  railroad  from  such  point 
on  its  existing  tracks  as  its  directors  may  d-etermine  to  such  point 
in  Manchester  in  the  county  of  Hillsborough  as  may  be  deemed  by 
said  directors  most  feasible  for  the  purpose ;  and  to  connect  its  tracks 
in  said  Manchester  with  the  tracks  of  any  other  railroad  existing 
there ;  and  the  cars  of  said  Suncook  Valley  Railroad  and  such  other 
railroad  may  be  run  and  operated  on  the  tracks  of  each  of  said 
railroads  on  such  terms  as  the  directors  of  said  railroads  may  agree 
upon. 

Sect.  2.  Said  extension  shall  be  located,  lands  shall  be  taken 
or  otherwise  acquired,  damages  shall  be  assessed  and  paid,  increase 
of  capital  stock  shall  be  voted  and  issued,  and  all  other  things  neces- 
sary to  be  done  to  construct,  equip  and  operate  said  extension, 
shall  be  done  in  accordance  with  the  provisions  of  chapter  164  of 
the  Laws  of  1911,  or  any  other  law"  or  laws  of  New  Hampshire 
relating  thereto,  relating  to  the  locating,  building  and  operating 
railroads  and  branches  thereof  and  the  issuing  and  increasing  of 
capital  stock  for  such  purposes  by  railroad  corporations. 

Sect.  3.  This  act  shall  be  void  if  said  extension  shall  not  be 
constructed  and  in  operation  on  or  before  December  31,  1919 ;  and 
shall  take  effect  upon  its  passage. 


[Approved  April  22,  1913.; 


1913] 


Chapter  380. 


935 


CHAPTER  380. 


AN   ACT   TO   ESTABLISH    WATER- WORKS   IN    THE   TOWN   OF    AMHERST,    IN 
THE  COUNTY  OF  HILLSBOROUGH. 


Section 

1.  Water- works    authorized. 

2.  Right  of  eminent  domain. 
?..      Contracts    authorized. 

4.      Board  of  water  commissioners. 


Sectiox 

5.  Duties   of   commissioners. 

6.  Appropriations    authorized. 

7.  Payment  of  bonds. 

8.  Takes  effect  on  passage. 


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

Section  1.  That  the  town  of  Amherst,  in  the  county  of  Hills- Waterworks 
borough,  is  hereby  authorized  and  empowered  to  construct,  manage,  ^" 
maintain,  and  own  suitable  water-works,  for  the  purpose  of  intro- 
ducing into  and  distributing  through  the  villages  in  said  town,  or 
any  part  of  said  town,  an  adequate  supply  of  pure  water,  in  subter- 
ranean pipes,  for  extinguishing  fires  and  for  the  use  of  its  citizens 
and  others,  and  for  such  other  public,  private,  and  mechanical  pur- 
poses as  said  town  may  from  time  to  time  authorize  and  direct; 
and  for  that  purpose  may  take,  purchase,  and  hold,  in  fee  simple 
or  otherwise,  any  real  or  personal  estate,  and  any  rights  therein, 
and  water-rights,  and  do  all  other  things  necessary  for  carrying 
into  effect  the  purposes  of  this  act,  and  to  excavate  and  dig  canals 
and  ditches  in  any  street,  place,  square,  passageway,  highway,  com- 
mon, or  other  land  or  place,  over  or  through  which  it  may  be 
deemed  necessary  and  proper  for  building,  constructing,  and  ex- 
tending said  water-works,  and  may  relay,  change,  enlarge,  and 
extend  the  same  from  time  to  time  whenever  said  town  shall  deem 
necessary,  and  repair  the  same  at  pleasure,  having  due  regard  for 
the  safety  and  welfare  of  its  citizens  and  security  of  the  public 
travel. 

Sect.  2.  Said  town  is  authorized  and  empowered  to  enter  upon,  Ri^ht  of 
take,  and  appropriate  any  streams,  springs,  or  ponds  in  the  town 
of  Amherst,  or  the  adjoining  town  of  Mont  Vernon  not  belonging 
to  any  aqueduct  company,  and  to  secure,  by  fence  or  otherwise, 
such  streams,  springs,  or  ponds,  and  dig  ditches  and  canals,  make 
excavations  or  reservoirs,  through,  over,  in,  or  upon  any  land  or 
enclosure  through  which  it  may  be  necessary  for  said  water-works 
to  be  or  exist,  for  the  purpose  of  obtaining,  holding,  preserving, 
or  conducting  water  for  said  purposes,  and  placing  such  pipes  or 
other  materials,  or  works,  as  may  be  necessary  for  building  and 
operating  such  aqueduct  and  water- works,  or  for  repairing  the  same ; 
provided,  if  it  shall  be  necessary  to  enter  upon  and  appropriate  any 
stream,  spring,  pond,   or  any  land,   for  the   purposes  aforesaid, 


eminent    domain. 


936 


Chapter  380. 


[1913 


Contracts 
authorized. 


Water  com- 
missioners. 


Duties  of 
commissioners. 


or  to  raise  or  lower  the  level  of  the  same  by  dam  or  otherwise,  and 
if  said  town  shall  not  agree  with  the  owner  or  owners  thereof  for 
the  damage  that  may  be  done  by  said  town,  or  such  owner  or 
owners  shall  be  unknown,  said  town,  or  said  owner  or  owners  or 
party  injured,  may  apply  to  the  trial  term  of  the  superior  court  for 
the  county  within  which  such  stream,  spring,  pond,  or  land  is 
situate  to  have  the  same  laid  out  and  the  damages  determined, 
and  that  said  court  shall  refer  the  same  to  the  county  commissioners 
for  said  county,  who  shall  appoint  a  time  and  place  of  hearing,  and 
give  notice  thereof  in  the  same  manner  as  is  now  provided  by  law 
for  laying  out  highways,  and  said  commissioners  shall  make  report 
to  said  court,  and  said  court  may  issue  execution  accordingly ;  if 
either  party  shall  desire,  they  shall  be  entitled  to  a  trial  by  jury, 
in  such  manner  and  under  such  regulations  as  the  court  may  pre- 
scribe, in  the  same  manner  as  appeals  from  the  award  of  damages 
in  the  case  of  laying  out  of  highways. 

Sect.  3.  Said  town  is  authorized  and  empowered  to  contract 
with  individuals  and  corporations,  whether  citizens  of  said  town 
or  not,  for  supplying  them  with  water  for  any  of  the  purposes 
herein  named  or  contemplated,  and  to  make  such  contracts  and 
establish  such  regulations  and  tolls  for  the  use  of  water  for  any  of 
said  purposes  as  may  from  time  to  time  be  deemed  proper  and 
necessary  to  enjoy  the  provisions  of  this  act. 

Sect.  4.  For  the  more  convenient  management  of  said  water- 
works, the  said  town  may  place  the  construction,  management,  con- 
trol, and  direction  of  said  water-works  in  a  board  of  water  com- 
missioners, to  consist  of  three  citizens  of  the  town,  said  commis- 
sioners to  be  vested  with  such  powers  and  duties  relating  to  the 
constructing,  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  j'ears,  and  until  their  successors  are  elected  and 
qualified.  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  occurring  vacancy ; 
provided,  also,  that  the  term  of  service  of  the  commissioners  first 
elected  shall  be  designated  at  the  time  of  their  election,  or  said 
commissioners  may  be  appointed  by  the  selectmen  of  said  town  if 
the  town  fail  to  elect,  or  if  the  town  at  any  meeting  vote  to  author- 
ize and  instruct  the  selectmen  to  appoint  said  water  commissioners. 
Sect.  5.  The  compensation  of  said  commissioners  shall  be  fixed 
by  the  town.  They  shall  be  sworn  to  the  faithful  discharge  of  their 
duties.  They  shall  annually  organize  by  choosing  one  of  their 
number  as  chairman  of  the  board,  and  said  board  shall  appoint  a 


1913]  Chapter  380.  937 

clerk  and  a  superintendent  of  the  works,  and  such  other  officers 
and  agents  as  they  may  deem  necessary,  and  shall  thereupon  fur- 
nish the  town  clerk  a  certificate  of  such  organization,  and  the  town 
clerk  shall  record  the  same  in  the  records  of  the  town.  The  com- 
missioners shall  fix  the  compensation  of  all  officers  and  agents  ap- 
pointed 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  two  remaining  members  of  the 
board  shall  fill  such  vacancy  temporarily  by  appointing  a  citizen 
of  said  town,  in  writing,  which  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  meet- 
ing 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 
same  time  other  officers  of  town  report,  of  the  condition  of  the 
water-works  financially  and  otherwise,  showing  the  funds  belong- 
ing to  their  department,  and  the  expense  and  income  thereof,  with 
such  other  facts  and  information  as  the  town  should  have,  which 
report  shall  be  published  in  the  annual  report  of  said  town  each 
^ear.  r 

Sect.  6.  Said  town  is  also  authorized  and  empowered,  at  any  Appropriations 
special,  annual  or  biennial  meeting  by  a  major  vote  of  those  present  ^^  °"^®  ' 
and  voting  to  raise  by  taxation  and  appropriate,  or  to  borrow  or 
hire,  such  sums  of  money  on  the  credit  of  the  town  as  may  from 
time  to  time  be  deemed  necessary  and  expedient,  for  the  purpose 
of  defraying  the  expenses  of  purchasing  real  estate,  rights  in  real 
estate,  water  rights,  streams,  springs,  ponds,  and  other  rights  and 
property,  as  aforesaid,  and  for  constructing,  maintaining,  repair- 
ing, extending,  enlarging,  and  operating  said  water-works,  such 
indebtedness  not  to  exceed  at  any  one  time  thirty  thousand  dollars, 
and  to  issue  notes  or  bonds  of  the  town  therefor,  in  such  amounts 
and  payable  at  such  time  or  times  and  at  such  rates  of  interest  as 
may  be  thought  proper,  and  may  exempt  such  notes  or  bonds  from 
taxation  when  held  by  inhabitants  of  the  town,  said  notes  and  bonds 
to  be  signed  by  at  least  a  majority  of  the  selectmen  and  counter- 
signed by  the  town  treasurer. 

Sect.  7.     Said  town  is  hereby  authorized  and  empowered  to  raise  Payment  of  bonds, 
by  taxation  and  pay  each  year  the  interest  of  the  notes  and  bonds 
so  ifssued,  and  such  part  of  the  principal  as  the  town  may  determine 
at  any  annual  meeting. 

Sect.  8.     This  act  shall  take  effect  upon  its  passage.  Takes  effect 

on   passage. 

[Approved  April  22,  1913.] 


938 


Chapter  381. 


[1913 


CHAPTER  381. 


AN  ACT  TO  INCORPORATE  THE  GUARANTY  TRUST   COMPANY. 


Section 

Section 

1.      Corijoration    constituted. 

6. 

By-laws. 

2.      Capital  stock. 

7. 

Powers. 

3.      First  meeting. 

8. 

Restrictions. 

4.      Increase  of  capital. 

9. 

Individual  liability. 

5.      Officers. 

10. 

Takes   effect  on  passage 

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


Corporation 
constituted. 


Capital    stock. 


First    meeting. 


Increase   of 
capital. 


Officers. 


Section  1.  That  Homer  H.  Marks,  George  A.  St.  Germain,  The- 
odore Morin,  William  W.  Burlingame,  and  Herbert  I.  Goss,  and 
their  associates,  successors  and  assigns,  are  hereby  constituted  a 
corporation  by  the  name  of  The  Guaranty  Trust  Company,  and  by 
that  name  may  sue  and  be  sued,  and  may  have  a  common  seal.  Said 
corporation  shall  be  located  in  Berlin,  Coos  county.  New  Hamp- 
shire. 

Sect.  2.  The  capital  stock  shall  be  fifty  thousand  dollars,  di- 
vided into  five  hundred  shares  of  one  hundred  dollars  each. 

Sect.  3.  Any  three  persons  named  in  the  first  section  of  this 
act  may  call  the  first  meeting  of  the  corporation  by  giving  seven 
days '  notice  of  such  meeting  in  writing  to  each  of  the  incorporators 
and  their  associates.  But  such  meeting  may  be  held  at  any  time 
upon  the  agreement  of  all  the  incorporators  and  their  associates  in 
writing. 

Sect.  4.  The  capital  stock  may  be  increased  from  time  to  time 
to  not  exceeding  two  hundred  and  fifty  thousand  dollars,  by  a  vote 
of  the  majority  of  the  whole  of  the  capital  stock  at  a  meeting  of 
the  stockholders  called  for  that  purpose,  and  such  increase  of  stock 
as  may  be  voted  from  time  to  time  and  authorized  as  aforesaid  shall 
be  divided  pro  rata  among  the  stockholders  who  shall  severally  have 
the  right  to  subscribe  for  such  pro  rata  of  such  additional  or  a  less 
amount,  at  their  option,  for  fifteen  days  next  after  the  adjourn- 
ment of  the  meeting  voting  the  same.  Any  portion  of  such  in- 
crease of  stock  not  subscribed  for  and  taken  within  said  fifteen  days 
as  aforesaid  may  be  subscribed  for  under  the  direction  of  a  majority 
of  the  directors. 

Sect.  5.  The  officers  of  the  corporation  shall  consist  of  a  presi- 
dent, treasurer,  clerk,  and  a  board  of  five  directors.  The  secretary 
and  board  of  directors  shall  be  chosen  by  the  stockholders  at  their 
first  meeting  and  at  each  annual  meeting  thereafter,  and  the  direc- 
tors shall,  upon  their  election,  elect  a  president  and  treasurer.  The 
president,  clerk  and  directors  shall  hold  their  office  until  the  next 
annual  meeting  after  their  election,  and  until  their  successors  are 


1913]  Chapter  381.  939 

chosen,  and  the  treasurer  shall  hold  office  during  the  pleasure  of 
the  board  of  directors.  The  directors  shall  require  the  treasurer  to 
enter  into  bonds  for  the  faithful  performance  of  the  duties  of  his 
office,  with  satisfactory  sureties  in  such  sum  as  the  directors  may 
deem  for  the  best  interests  of  the  company. 

Sect,  6.  Said  company  may  at  any  meeting  duly  held  adopt  bylaws, 
such  by-laws  and  regulations,  not  repugnant  to  the  laws  of  this 
state  as  may  be  convenient  and  necessary  for  the  proper  manage- 
ment of  the  business  for  which  the  company  was  created,  and  such 
by-laws  may  be  altered  and  amended  at  any  regular  meeting  in 
the  notice  of  which  the  changes  proposed  have  been  mentioned. 

Sect.  7.  This  corporation  shall  be  empowered  with  authority  to  Powers, 
have  and  execute  all  the  powers  and  privileges  incident  to  corpora- 
tions of  a  similar  nature,  for  the  purpose  of  prosecuting  the  busi- 
ness of  a  safe-deposit  and  trust  company ;  to  receive  on  deposit  or 
for  safe  keeping  money  and  other  valuables ;  to  negotiate  loans  for 
persons,  firms  or  corporations,  and  to  deal  in  investment  securities ; 
to  receive  money  in  trust  and  allow  such  interest  thereon  as  may 
be  agreed,  not  exceeding  the  legal  rate;  to  act  as  receivers  or 
trustees,  and  accept  and  execute  all  such  trusts  and  perform  such 
lawful  duties  of  every  description,  not  inconsistent  with  the  laws 
of  this  state,  as  may  be  committed  to  it  by  any  person  or  persons 
whatsoever,  or  by  any  corporation,  or  by  order  of  the  supreme  or 
probate  court ;  to  loan  or  borrow  money ;  to  invest  and  re-invest 
its  money  from  time  to  time,  and  to  do  a  general  banking  business ; 
but  nothing  in  this  act  shall  be  construed  to  empower  or  authorize 
said  corporation  to  execute  bills  of  issue. 

Sect.  8.  Said  company  shall  not  issue,  sell  or  negotiate  its  own  Restrictions, 
bonds  or  mortgaged  securities,  or  its  own  choses  in  action  secured  by 
a  mortgage  on  real  estate  which  are  to  be  issued,  sold,  or  negotiated 
as  investments,  or  which  authorizes  or  permits  it  to  guarantee  the 
bonds,  mortgaged  securities,  or  other  choses  in  action  of  other 
persons  or  corporations  issued,  sold,  or  negotiated  as  investments, 
or  which  authorizes  or  permits  it  to  engage  in  the  business  of 
marine,  fire,  or  life  insurance,  or  fidelity,  surety,  accident,  health, 
liability,  credit,  title,  or  other  form  of  casualty  insurance,  and  it 
shall  not  engage  in  the  business  of  buying  and  selling  real  estate. 

Sect.  9.     The  stockholders  in  said  company  shall  be  personally  individual 
liable,  equally  and  ratably,  and  not  one  for  another,  for  all  con-  '*  '  **^' 
tracts,  debts,  and  engagements  of  the  corporations  to  the  amount 
of  their  stock  therein  at  the  par  value  thereof,  in  addition  to  the 
amount  invested  in  such  shares.  _ 

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

^  -^  "  on   passage. 

[Approved  April  28,  1913.]    . 

31 


940 


Chapters  382,  383. 


[1913 


CHAPTER  382. 

AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "  AN  ACT  RELATING  TO 
THE  PINE  PARK  ASSOCLVTION  OP  HANOVER  AND  THE  VILLAGE  PRE- 
CINCT OP  HANOVER,"  APPROVED  MARCH  14,   1913. 


Section 

1.      Dartmouth   College   trustees   may   co- 
operate. 


Sectiox 

2.     Takes  effect  on  passage. 


Dartmouth  College 
trustees    may 
co-operate. 


Takes  effect 
on  passage. 


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

Section  1.  That  section  2  of  said  act  [chapter  320,  Laws 
1913]  is  hereby  amended  by  striking  out  the  word  "is"  in  the  first 
line  thereof  and  inserting  in  its  place  the  words,  and  the  Trustees  of 
Dartmouth  College  are  each,  so  that  said  section  as  amended  will 
read :  Sect.  2.  The  Village  Precinct  of  Hanover  and  the  Trustees 
of  Dartmouth  College  are  each  hereby  authorized  and  empowered 
to  take  part,  join  and  co-operate  in  the  management,  control  and 
possession  of  the  real  estate  of  the  Pine  Park  Association  which 
may  be  devoted  to  public  purposes. 

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

[Approved  April  29,  1913.] 


CHAPTER  383. 

an  act  in  AMENDMENT  OF  CHAPTER  180  OF  THE  SESSION  LAWS  OF 
1899,  ENTITLED  "  AN  ACT  TO  AUTHORIZE  THE  TOWN  OF  CLAREMONT 
TO  PROCURE  BY  PURCHASE  OR  UNDER  THE  POWER  OF  EMINENT  DO- 
MAIN, OR  PUT  IN  A  W^VTER  SUPPLY. ' ' 


Section 

1.     Right  of  eminent  domain. 


Section 

2.     Takes  effect  on  passage. 


Right    of    eminent 
domain. 


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

Section  1.  Section  2  of  chapter  180  of  the  Laws  of  1899  is  here- 
by amended  by  adding  the  following  at  the  end  of  said  section: 
Provided,  however,  that  entry  upon  and  taking  of  property,  rights 
and  estate,  laid  out  and  taken  or  to  be  laid  out  and  taken  for  the 
purpose  of  this  act,  shall  not  be  postponed  by  reason  of  any  failure 
of  the  parties  to  agree  upon  the  compensation  to  be  paid  or  by 


1913]  Chapter  383.  941 

reason  of  proceedings  being  instituted  by  either  party  for  the 
assessment  of  damages  as  provided  in  this  act,  but  said  municipal 
corporation  may  enter  upon,  take  and  occupy  such  property,  rights 
and  estate  immediately,  so  that  said  section  2  as  amended  shall  read 
as  follows:  Sect.  2.  Said  town  of  Claremont  is  authorized  and 
empowered  to  enter  upon,  take,  and  appropriate,  under  the  power 
of  eminent  domain,  any  existing  water-works,  and  the  property  real 
or  personal  of  any  existing  water-works  company  located  within  — ^ 

the  limits  of  said  town,  and  its  lands,  water  rights,  streams,  springs, 
ponds,  reservoirs,  and  rights  connected  therewith,  and  any  other 
lands,  streams,  springs  or  ponds  or  rights  that  may  be  necessary 
in  addition  thereto  to  carry  out  the  purposes  of  this  act.  In  such 
taking  and  appropriation  said  town  may  apply  to  the  supreme 
court  for  the  county  of  Sullivan,  at  any  trial  term  thereof,  to  have 
the  same  laid  out  and  the  damages  determined,  and  the  said  court 
shall  refer  the  same  to  the  county  commissioners  for  said  county, 
who  shall  appoint  a  time  and  place  of  hearing,  and  give  notice 
thereof  and  proceed  in  manner  as  now  provided  by  law  for  laying 
out  highways,  and  said  commissioners  shall  make  report  to  said 
court,  and  said  court  may  issue  execution  accordingly.  If  either 
party  shall  desire,  they  shall  be  entitled  to  trial  by  jury  in  such 
manner  and  under  such  regulations  as  the  court  may  prescribe, 
in  the  same  manner  as  appeals  from  the  award  of  damages  in  case 
of  laying  out  of  highways;  provided,  however,  that  entry  upon  and 
taking  of  property,  rights  and  estate,  laid  out  and  taken  or  to  be 
laid  out  and  taken  for  the  purpose  of  this  act,  shall  not  be  post- 
poned by  reason  of  any  failure  of  the  parties  to  agree  upon  the 
compensation  to  be  paid  or  by  reason  of  proceedings  being  insti- 
tuted by  either  party  for  the  assessment  of  damages  as  provided  in 
this  act,  but  said  municipal  corporation  may  enter  upon,  take  and 
occupy  such  property,  rights  and  estate  immediately. 

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

on  passage. 

[Approved  April  29,  1913.] 


942 


Chapters  384,  385. 
CHAPTER  384. 


[1913 


Transfer 
authorized. 


Takes  effect 
on    passage. 


AN    ACT    AUTHORIZING   THE   DUBLIN    ELECTRIC    COMPANY    TO    TRANSFER 

ITS  PROPERTIES. 


Section 

1.     Transfer  authorized. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.  The  Dublin  Electric  Company,  a  corporation  or- 
ganized under  the  laws  of  this  state,  is  hereby  authorized  to  sell 
and  convey  all  or  any  portion  of  its  properties,  rights  and  fran- 
chises to  the  Ashuelot  Gas  and  Electric  Company,  a  like  corpora- 
tion, upon  such  terms  as  may  be  agreed  upon  by  said  companies 
and  approved  by  the  public  service  commission. 

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

[Approved  April  30,  1913.] 


CHAPTER  385. 


Restrictions. 


Takes  effect 
on   passage. 


AN  ACT  IN  AMENDMENT  OP  AN  ACT  PASSED  AT  THIS  SESSION,  ENTITLED, 
' '  AN  ACT  TO  INCORPORATE  THE  GUARANTY  TRUST  COMPANY. ' ' 


Section 

1.     Restrictions    on   business. 


Section 

2.      Takes  eff.ect  on  passage. 


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

Section  1.  Section  8  of  an  act  passed  at  this  session,  entitled, 
"An  Act  to  incorporate  the  Guaranty  Trust  Company,"  [chapter 
381,  Laws  1913]  is  hereby  repealed,  and  in  place  thereof  is  inserted 
the  following  section :  Sect.  8.  Said  company  shall  not  issue,  sell, 
negotiate,  or  offer  for  sale,  its  own  bonds,  obligations  or  mortgage 
securities,  to  be  issued,  sold  or  negotiated  as  investments ;  nor  shall 
it  guarantee  the  bonds,  mortgage  securities,  obligations  or  other 
choses  in  action  of  other  persons  or  corporations,  issued,  sold  or 
negotiated  as  investments,  nor  shall  it  engage  in  any  form  of  in- 
surance, or  suretyship,  nor  in  the  business  of  buying  or  selling 
real  estate. 

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

[Approved  April  30,  1913.] 


1913] 


Chapters  386,  387. 


943 


CHAPTER  386. 

AN    ACT   TO    EXEMPT    THE   ORPHANS'    HOME   OF    CONCORD,    NEW    HAMP- 
SHIRE,  PROM   TAXATION. 


Section 

1.      Property  exempted. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.     The  Orphans'  Home  of  Concord,  New  Hampshire,  Property 
being  a   charitable   institution  without   profit  to  any  person,   the  ^^^^^  ^ 
property  thereof  is  hereby  exempt  from  taxation  so  long  as  and  to 
the  extent  that  said  property  is  used  for  the  purposes  for  which 
said  home  is  incorporated. 

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

on  passage. 

[Approved  April  30,  1913.] 


CHAPTER  387. 


AN  ACT  TO  INCORPORATE  THE  FIDELITY  SAVINGS  BANK  OF  BERLIN. 


Section 

1.  Corporation  constituted. 

2.  Powers  and  duties. 

3.  May  hold  real  estate. 

4.  Election  of  trustees,   etc. 


Section 

5.  Duties  of  trustees. 

6.  Salaries ;  division  of  profits. 

7.  Meetings  of  corporation. 

8.  Takes  effect  on  passage. 


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


Pierce,  Corporation    con- 

H.  Taylor,  G.  W.  Gordon,  F.  W.  Thompson,  of'"*''*"^- 


Section  1.     That  W.  E.  Corbin,  W.  H.  Gerrish,  E.  E 
E.  M.  Cross,  M 

Berlin,  P.  C.  Prince,  H.  G.  Noyes,  C.  A.  Chandler,  A.  B.  Libby,  of 
Gorham,  their  associates  and  successors,  and  such  other  duly  elected 
members  as  in  this  act  provided,  be  and  they  hereby  are  constituted 
a  body  politic  and  corporate  by  the  name  of  the  Fidelity  Savings 
Bank  of  Berlin,  to  be  located  at  Berlin,  in  our  county  of  Coos,  for 
the  purpose  of  establishing  and  maintaining  a  mutual  savings  bank, 
and  by  the  name  and  style  aforesaid  may  sue  and  be  sued,  prose- 
cute and  defend  to  final  judgment  and  execution,  and  shall  be 
vested  with  all  the  powers,  rights,  and  privileges,  and  subject  to 
all  the  duties  and  liabilities  which  by  the  laws  of  this  state  are 
or  may  become  incident  to  corporations  of  a  like  nature. 


944 


Chapter  387. 


[1913 


Powers   and 
duties. 


May   hold 
real  estate. 


Election    of 
trustees. 


Sect.  2.  Said  corporation  may  receive  from  any  person  or  per- 
sons, corporations  or  associations,  disposed  to  enjoy  the  advantages 
of  said  savings  bank,  any  deposit  or  deposits  of  money,  not  ex- 
ceeding five  thousand  dollars  from  any  one  person,  except  when 
made  for  the  purpose  of  creating  a  sinking  fund,  subject  to  the 
by-laws  of  said  savings  bank;  and  may  manage,  use,  and  improve 
the  same  for  the  benefit  of  the  depositors  in  such  manner  as  shall 
be  convenient  or  necessary  for  the  security  and  profitable  invest- 
ment thereof,  under  the  restrictions  of  the  laws  regulating  the  in- 
vestment and  management  of  such  funds ;  and  all  deposits,  together 
with  the  net  income  and  profits,  may  be  withdrawn  at  such  reason- 
able times,  in  such  manner  and  proportions,  and  subject  to  such 
equitable  rules  and  regulations,  as  said  corporation  may  from  time 
to  time  by  its  by-laws  prescribe,  not  incompatible  with  the  laws 
of  the  state. 

Sect.  3.  Said  corporation  may  purchase,  hold,  and  acquire  by 
foreclosure  of  mortgage  or  otherwise,  such  real  estate  as  savings 
banks  are  permitted  to  hold  under  the  general  laws  of  this  state. 

Sect.  4.  Said  corporation,  at  its  first  meeting  under  this  act, 
and  at  any  annual  meeting  thereafter,  shall  have  the  power  to  elect 
by  ballot  and  major  vote  of  those  present,  other  persons  as  members 
of  this  corporation,  not  exceeding  fifty,  including  those  v/ho  are  at 
the  time  of  said  election  members  thereof.  At  the  first  meeting  of 
said  corporation,  and  at  each  subsequent  annual  meeting,  there  shall 
be  elected  by  ballot  and  major  vote  of  those  present,  a  clerk  and  a 
board  of  trustees,  not  exceeding  fifteen  in  number,  who  shall  hold 
their  office  until  others  are  elected  and  qualified  in  their  stead. 
The  management  of  the  business  of  said  savings  bank  shall  be  com- 
mitted to  said  trustees  under  the  restrictions  of  the  by-laws  and 
the  laws  of  the  state.  Any  vacancy  in  tlie  board  of  trustees  may 
be  filled  at  a  special  meeting  of  said  corporation  called  for  that 
purpose.  Said  corporation  at  its  first  meeting,  shall  enact  such 
by-laws  for  the  government  and  management  of  its  business  as 
shall  not  be  incompatible  with  the  laws  of  the  state,  and  may  from 
time  to  time,  at  the  annual  meetings  or  at  a  special  meeting  called 
for  that  purpose,  alter  and  amend  the  same :  but  no  by-law  or 
regulation  shall  take  effect  or  be  in  force  until  the  same  shall  have 
been  approved  by  the  bank  commissioners.  Said  corporation  shall 
at  its  first'  meeting  adopt  a  common  seal,  which  may  be  changed 
and  renewed  at  pleasure,  and  all  deeds,  conveyances,  grants,  cov- 
enants, and  agreements  made  by  the  president  of  said  bank,  or  any 
other  person,  acting  under  the  authority  of  the  board  of  trustees 
shall,  when  required  by  law  to  be  under  seal,  be  ensealed  with  said 
common  seal,  and  the  same  shall  be  deemed  sufficient  in  law. 


1913]  Chapter  387.  945 

Sect.  5.  Said  trustees  shall  qualify  in  the  manner  prescribed  Duties  of  trustees, 
by  law.  They  shall  annually  choose  one  of  their  number  as  presi- 
dent of  the  bank.  They  shall  also  annually  choose  a  treasurer  and 
such  other  officers,  clerks,  agents,  and  servants  as  may  be  necessary 
for  the  proper  management  of  the  business  of  said  bank,  and  may 
remove  the  same  at  pleasure.  A  majority  of  the  trustees  shall 
constitute  a  quorum. 

Sect.  6.  No  member  of  the  corporation  shall  receive  any  com- salaries;  division 
pensation  for  his  services  in  said  savings  bank,  nor  derive  any  emol-  °*  ^^°^^^- 
ument  therefrom;  provided,  however,  that  a  reasonable  compensa- 
tion shall  be  paid  to  the  officers  of  said  bank  and  others  necessarily 
employed  in  transacting  its  business,  and  provided  further  that 
no  expense  for  salaries  or  operating  expenses  shall  be  charged  from 
the  principal  or  earnings  of  said  bank  until  the  earnings  shall  have 
become  sufficient  to  meet  its  operating  expenses  and  to  pay  divi- 
dends of  three  per  cent,  per  annum.  No  special  deposits  shall  be 
received  or  special  rates  of  interest  allowed  to  any  depositor,  but 
all  the  profits  arising  from  said  business  shall  be  equitably  divided 
among  the  depositors  at  such  times  and  in  such  manner  as  the 
trustees  may  determine,  after  deducting  therefrom  the  necessary 
charges  and  expenses  and  a  proper  sum  for  the  establishment  of  a 
guaranty  fund. 

Sect.  7.  The  first  meeting  of  this  corporation  shall  be  called  by  Meetings, 
any  two  of  said  incorporators,  within  two  years  from  the  passage 
of  this  act,  by  publishing  a  notice  within  one  week  of  said  meeting 
in  some  newspaper  published  in  Berlin ;  and  all  subsequent  meet- 
ings of  said  corporation  shall  be  notified  by  a  like  publication  or  by 
written  or  printed  notices  mailed  to  each  member  of  said  corpora- 
tion signed  by  the  president  of  said  bank.  Special  meetings  of  the 
corporation  may  be  called  at  any  time  by  the  president  or  any  three 
of  the  trustees,  but  no  business  shall  be  transacted  at  a  special  meet- 
ing unless  the  subject  thereof  shall  have  been  stated  in  the  call  for 
said  meeting. 

Sect.  8.     This  act  shall  take  effect  upon  its  passage.  Takes  effect 

^  ^  '='  on   passage. 

[Approved  April  30,  1913.] 


946 


Chapters  388,  389. 
CHAPTER  388. 


[1913 


AN  ACT   TO   LEGALIZE  THE   PROCEEDINGS   OF   THE  ANNUAL   MEETING  OF 
THE  SCHOOL  DISTRICT  OF  THE  TOWN  OP  FRANCESTOWN. 


Section 

1.     Meeting   legalized. 


Section 

2.     Takes  effect  on  passage. 


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

Meeting  legalized.  SECTION  1.  The  proceedings  of  the  annual  meeting  of  the  school 
district  of  the  town  of  Francestown,  holden  in  said  town,  on  the 
18th  day  of  March,  1913,  are  hereby  legalized,  ratified  and  con- 
firmed. 

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


Takes   effect 
on   passage. 


[Approved  May  7,  1913.; 


CHAPTER  389. 


Exemption 
ratified. 


AN  ACT  AUTHORIZING  THE  TOWN  OF  BATH  TO  EXEMPT  FROM  TAXATION 
THE  D.  K.  JACKMAN  HOUSE,  WITH  ADDITIONS  AND  IMPROVEMENTS 
TO  BE  MADE  FOR  HOTEL  PURPOSES. 

Section   1.      Exemption  ratified. 

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

Section  1.  That  the  annual  town  meeting  holden  at  Bath  on 
the  eleventh  day  of  March,  1913,  voting  to  exempt  from  taxation 
the  D.  K.  Jackman  house  with  additions  and  improvements  to  be 
made  for  a  term  of  ten  years  from  the  date  said  house  shall  be 
opened  and  used  for  hotel  purposes  be,  and  the  same  hereby  is 
ratified,  confirmed,  approved  and  legalized,  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  pur- 
poses of  the  state  and  county  tax. 

[Approved  May  7,  1913.] 


1913]  Chapter  390.  947 

CHAPTER  390. 

AN  ACT  IN  AMENDMENT  OP  CHAPTER  305,   SESSION  LAWS  OP  1887,   RE- 
LATING TO  THE  ALLIANCE  TRUST  COMPANY. 

Section  |    Section 

1.  Name  changed,  etc.  3.     Takes  effect  on  passage. 

2.  Capital  stock;   real  estate.  | 

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

Section  1.  Amend  section  1  of  chapter  305  of  the  session  Laws  Name 
of  1887  by  striking  out  the  word  '^Alliance"  and  inserting  in  place °  ^"^^  '  ^*''' 
thereof  the  words  The  Wonolancet ;  further  amend  said  section  by 
striking  out  the  words  "and  guaranty  the  same"  at  the  end  of 
said  section,  so  that  said  section  as  amended  will  read :  Section  1. 
That  George  Stark,  Edward  Spaulding,  William  D.  Cadwell, 
Charles  H.  Campbell,  Henry  Stearns,  William  W.  Bailey,  Joseph 
W.  Howard,  Frank  H.  Ayer,  John  F.  Stark,  William  H.  Beasom, 
George  R.  Pierce  and  John  H.  Barr,  and  their  associates,  successors 
and  assigns,  be  and  they  are  hereby  incorporated  and  made  a  body 
corporate  by  the  name  of  The  Wonolancet  Trust  Company,  to  be 
located  at  Nashua  in  this  state,  with  authority  to  have  and  execute 
all  the  powers  and  privileges  incident  to  corporations  of  a  similar 
nature,  for  the  purpose  of  receiving  on  deposit  money,  securities, 
stocks,  bonds,  coin,  valuable  papers,  evidences  of  debt,  documents, 
and  other  property,  and  of  collecting  and  divsbursing  the  principal, 
interest,  and  income  of  said  property,  and  may  act  as  agents  for  the 
purpose  of  registering  and  countersigning  bonds,  stocks,  certifi- 
cates, or  evidences  of  debt ;  and  may  hold,  by  grant,  assignment, 
transfer,  devise,  or  bequest,  any  real  or  personal  estate,  or  trust 
duly  created,  and  execute  such  trusts  on  such  terms  as  may  be 
agreed  upon  or  established  with  reference  thereto ;  and  may  also 
negotiate  loans  for  persons,  firms,  and  corporations,  and  may  bor- 
row money,  and  may  deal  in  investment  securities. 

Sect.  2.     Amend  section  3  of  said  chapter  by  striking  out  the  Capital  stock; 

T       ,,  -  ^       ^       _  n      -,    ■,•■  ,,  ,     .  .  .  ,  right   to   hold 

words  one  hundred  thousand  dollars  and  inserting  m  place  real  estate. 
thereof  the  words  fifty  thousand  dollars,  and  further  amend  said 
section  by  striking  out  the  words  "twenty-five  thousand  dollars" 
and  inserting  in  place  thereof  the  w^ords  one  hundred  thousand 
dollars,  so  that  said  section  as  amended  shall  read  as  follows :  Sect. 
3.  Said  company  shall  have  a  capital  stock  of  fifty  thousand 
dollars,  divided  into  shares  of  one  hundred  dollars  each,  with 
authority  to  increase  the  capital  stock  to  two  hundred  and  fifty 
thousand  dollars ;  and  may  acquire  and  hold  real  estate  for  its  own 


948 


Chapter  891. 


[1913 


Takes   effect 
on   passage. 


use  to  the  value  of  one  hundred  thousand  dollars,  exclusive  of 
such  real  estate  as  may  be  taken  in  good  faith  for  debt  or  held 
as  collateral  security.  Said  corporation  shall  not  commence  busi- 
ness until  the  sum  of  fifty  thousand  dollars  shall  have  been  paid 
in  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  office  of  the  secretary  of  state,  verified  by  oath 
of  a  majority  of  directors. 

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

[Approved  May  7,  1913.] 


CHAPTER  391. 

AN   ACT   RELATING   TO    THE   CONSTRUCTION   OF   A   LINE   OF   RAILROAD   BY 
THE    SULLIVAN    COUNTY    RAILROAD. 


Section 

1.  Construction     authorized. 

2.  Risrhts    and    liabilities. 


Section 

3.  Time  for  building  limited. 

4.  Takes  effect  on  passage. 


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


ConstrujCtion 
authorized. 


Rights  and 
liabilities. 


Time  for  building 
limited. 


Takes   effect 
on    passage. 


Section  1.  That  the  Sullivan  County  Railroad  be  and  it  is 
hereby  authorized  and  empowered  to  construct  a  line  of  railroad 
from  a  point  on  the  west  bank  of  the  Connecticut  river,  at  a  point 
adjacent  to  the  town  of  Hartland,  Vermont,  across  said  Connecticut 
river  and  Hart's  Island,  thence  through  the  towns  of  Plainfield 
and  Lebanon,  either  to  connect  with  the  Northern  railroad  in  the 
town  of  Lebanon,  or  to  cross  the  Connecticut  river  to  a  point  on 
the  west  bank  of  said  river,  adjacent  to  the  town  of  Hartford, 
Vermont. 

Sect.  2.  That  said  Sullivan  County  Railroad,  in  respect  to  said 
line,  shall  be  subject  to  all  the  liabilities  and  entitled  to  all  the 
rights  and  privileges  of  railroads  incorporated  and  operating  in 
the  state  of  New  Hampshire,  except  in  so  far  as  such  liabilities, 
rights,  and  privileges  may  be  modified  by  this  act. 

Sect.  3.  This  act  shall  be  void  at  the  end  of  three  years  from 
the  date  of  its  passage  as  to  all  parts  of  such  line  as  have  not  then 
been  completed  and  made  ready  for  use. 

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


[Approved  May  7,  1913. 


•1913J 


Chapter  392. 


949 


CHAPTER  392. 

AN     ACT     TO     IXCORPORATE     THE     NEW     HAMPSHIRE     WATER     SUPPLY 

COMPANY. 


Section 

Section 

1.      Corporation    constituted. 

7. 

Sale  or  lease  authorized. 

2.      Capital    stock. 

8. 

Limitation  of  act. 

3.      Meetings  of  corporation. 

9. 

First  meeting. 

4.      Power  to  hold  property, 

etc. 

10. 

Deemed  a  public  utility. 

5.      Right    of    eminent    domain. 

11. 

Subject    to    repeal ;     takes    effect 

6.      Contracts   authorized. 

passage. 

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

Section  1.     That  Sumner  Wallace,  John  F.  Springfield,  Roland  Corporation 

J.  CD  7  constituted. 

Spanlding,  Dwight  Hall,  Arthur  G.  Whittemore,  Charles  N.  Taylor, 
Frank  J.  Philbrick,  Sperry  H.  Locke,  and  John  H.  Haines,  their 
associates,  successors  and  assigns  shall  be  and  are  hereby  made  a 
corporation  b}^  the  name  of  The  New  Hampshire  Water  Supply 
Company  for  the  purpose  of  supplying  the  cities  of  Portsmouth, 
Dover,  Somersworth  and  Rochester,  also  the  towns  of  Exeter  and 
Farmington,  and  any  other  towns  in  the  vicinity  of  the  above 
named  places,  located  in  Strafford  or  Rockingham  counties,  with 
pure  water  for  domestic,  sanitary,  milnicipal  and  other  public  pur- 
poses, except  power  purposes,  including  extinguishment  of  fires; 
and  for  the  purpose  of  supplying  the  inhabitants  of  any  other 
town  or  towns  in  said  counties  not  now  supplied  with  water  for 
the  above  purposes ;  and  by  that  name  may  sue  and  be  sued,  prose- 
cute and  defend  to  final  judgment  and  execution,  and  are  hereby 
vested  with  all  the  powers  and  subject  to  all  the  liabilities  incident 
to  corporations  of  a  similar  nature. 

Sect.  2.  The  capital  stock  of  said  corporation  shall  consist  Capital  stock. 
of  such  number  of  shares,  not  exceeding  one  hundred  dollars  each, 
as  may  from  time  to  time  be  determined  by  said  corporation,  not 
exceeding  in  the  whole  the  sum  of  one  million  dollars ;  provided 
that  said  corporation  shall  not  issue  any  stock  or  bonds  without 
first  obtaining  an  order  of  the  public  service  commission  author- 
izing the  same. 

Sect.  3.     The  annual  and  all  special  meetings  of  this  corporation  Meetings. 
shall  be  held  at  such  times  and  places  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  Power  to  hold 
fee  simple  or  otherwise  any  real  or  personal  estate  necessary  for^"^^"^  '  ^"^ 
the  carrying  into  effect  the  purposes  of  this  act ;  to  lay,  construct 
and  maintain  in,  under,  through,  along  and  across  the  highways, 
ways,  streets  and  bridges  in  said  municipalities,  all  such  sluices, 


950  Chapter  392.  [1913 

aqueducts,  pipes,  hydrants,  and  structures  as  may  be  necessary  for 
the  purposes  of  its  incorporation ;  and  tp  lay,  construct  and  maintain 
across  railroads  all  such  sluices,  aqueducts  and  pipes  as  may  be 
necessary  for  the  purposes  of  its  incorporation.  Said  corporation 
shall  petition  the  selectmen  of  the  towns  and  the  board  of  mayor 
and  aldermen  of  the  cities  through  which  it  is  to  construct  its 
line  or  lines  of  pipes,  to  grant  locations  for  the  same,  and  the  select- 
men or  board  of  mayor  and  aldermen  may  lay  out  the  route  and 
grant  such  locations  as  may  seem  to  them  to  be  necessary  for  the 
erection  of  such  structures  and  hydrants,  the  laying  of  pipes, 
aqueducts  and  sluices  necessary  for  carrying  into  effect  the  pur- 
poses of  this  act,  over,  upon  or  under  such  streets,  places,  squares, 
passageways,  highways  and  bridges  in  said  municipalities.  Pro- 
vided, hoivever,  that  in  case  said  corporation  is  aggrieved  by  any 
decision'  of  said  selectmen  or  board  of  mayor  and  aldermen  as  to 
such  location  it  shall  have  the  right  to  an  appeal  to  the  public 
service  commission,  as  in  the  case  of  the  location  of  street  railways. 
Upon  receiving  such  location,  said  corporation  may  enter  upon  said 
streets,  places,  squares,  passageways  and  highways  and  break 
ground,  dig  ditches  and  make  excavations  for  the  laying  and  re- 
pairing of  its  said  pipes  and  the  erection  of  hydrants  and  other 
structures  necessary  for  carrying  on  said  system  of  water  supply, 
due  care  being  paid  to  the  safety  of  the  citizens  and  the  security 
of  public  travel.  Said  company  shall  be  liable  for  all  damages  to 
person  and  property  occasioned  by  its  use  of  such  highways,  ways, 
/  streets,  railroads  and  bridges,  and  shall  further  be  liable  to  pay  to 

said  municipalities  for  damages  for  obstructions,  or  otherwise 
occasioned  by  said  corporation,  and  for  all  expenses  with  interest 
on  the  same ;  and  shall  perform  all  work,  excavating  or  otherwise, 
at  any  and  all  times  in  manner  satisfactory  to  the  department  of 
said  cities  or  towns  having  supervision  of  said  streets  and  high- 
ways. Provided,  however,  that  said  company  shall  not  enter  upon, 
construct  or  lay  any  sluices,  aqueducts,  pipes  or  other  work  within 
the  location  of  any  railroad  corporation  except  at  such  time  and 
in  such  manner  as  it  may  agree  with  said  corporation,  or  in  case 
of  failure  so  to  agree,  as  may  be  provided  by  the  public  service 
commission. 
Right  of  eminent  Sect.  5.  Said  Corporation  is  authorized  to  enter  upon  and 
domain.  appropriate,    retain,    take,   store,   use   and   distribute   water   from 

Merrj^meeting  lake  and  Perkins  brook,  located  in  Strafford  county, 
and  may  locate,  construct,  and  maintain  cribs,  reservoirs,  aque- 
ducts, gates,  pipes,  hydrants  and  all  other  necessary  structures 
therefor,  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, 
aqueducts  and  other  structures  to  be  or  exist,  for  the  purpose  of 


1913]  Chapter  392.  951 

obtaining,  holding,  reserving  or  conducting  said  water  and  placing 
sucli  pipes  and  other  material  and  works  as  may  be  necessary  for 
building  and  operating  such  systems  of  water  supply  or  repair- 
ing the  same ;  provided,  that  if  it  be  necessary  to  enter  upon  and 
appropriate  any  land  for  the  purposes  aforesaid  or  to  raise  or 
lower  the  level  of  said  waters,  or  to  divert  said  waters,  and  the 
said  corporation  shall  not  be  able  to  agree  with  the  owners  thereof, 
or  any  person  or  corporation  affected  thereby,  for  the  damages, 
if  any,  to  which  said  owners,  person  or  corporation  may  be  legally 
entitled  or  said  owners,  person,  or  corporation  shall  be  unknown, 
either  party  may  apply  to  the  superior  court  to  have  the  same 
laid  out  and  such  damages,  if  any,  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  high- 
ways. 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  connnissi oners,  they  shall  be  entitled  to  a  trial  by  jury  in 
such  manner  and  under  such  regulations  as  said  court  may  pre- 
sci'ibe.  If  said  corporation  shall  fail  to  pay  such  landowner,  person 
or  corporation  affected  by  such  appropriation  of  land  or  water  or 
deposit  for  his  use  with  the  clerk  of  the  county  commissioners 
aforesaid  such  sum  as  may  be  finally  awarded  as  damages,  with 
costs  when  recovered  by  him,  within  ninety  days  after  notice  of 
final  judgment  shall  have  been  received  by  the  clerk  of  courts  of 
said  county,  the  said  location  shall  be  thereby  invalid,  and  said 
corporation  forfeit  all  rights  under  the  same  as  against  such  land- 
owner, person  or  corporation.  Said  corporation  may  make  a  tender 
to  any  landowner,  j^erson  or  corporation  damaged  under  the  provi- 
sions of  this  act,  and  if  such  landowner,  person  or  corporation  re- 
covers more  damages  than  were  tendered  him  by  said  corporation  he 
shall  recover  costs,  otherwise  said  corporation  shall  recover  costs.  In 
ease  said  corporation  shall  begin  to  occupy  such  lands  before  the 
rendition  of  final  judgment,  the  landowner,  person  or  corporation 
damaged  thereby  may  require  said  corporation  to  file  its  bond  to 
him  with  said  county  commissioners,  in  such  sums  and  with  such 
sureties  as  they  may  approve,  conditioned  for  such  payment  or 
deposit.  Failure  to  apply  for  damages  within  three  years  after 
such  taking,  holding  and  occupation  by  the  landowner,  person  or 
corporation  claiming  to  be  damaged  thereby  shall  be  held  to  be  a 
waiver  of  the  same.  The  decreased  value  of  the  shore  property  by 
reason  of  the  restrictions  incident  to  the  use  of  the  water  of  said 
lake  for  domestic  purposes  shall  be  an  element  of  damages.  Said 
corporation  shall  not  under  any  circumstances  take  or  convey  any 
of  said  waters  outside  the  state  of  New  Hampshire,  or  use  any  of 


952 


Chapter  392. 


[1913 


Contracts 
authorized. 


said  waters  or  allow  the  same  to  be  used  in  or  by  any  of  said 
towns  or  cities  for  power  purposes.  In  case  said  corporation  shall 
convey  any  of  said  waters  outside  the  state  of  New  Hampshire  all 
rights  to  take  water  out  of  any  source  in  New  Hampshire  shall  be 
forfeited. 

Sect.  6.  Said  corporation  is  hereby  authorized  to  make  contracts 
with  the  United  States  and  with  corporations,  including  cities, 
towns  and  village  precincts,  also  the  inhabitants  of  such  municipal- 
ities where  there  is  not  now  a  public  water  supply  for  the  purpose 
of  supplying  water  as  contemplated  by  this  act;  but  in  no  event 
shall  said  corporation  sell  water  direct  to  the  inhabitants  in  a  city 
or  town  or  village  precinct  where  there  is  a  public  water  supply; 
and  such  municipalities,  by  their  proper  officers,  are  hereby  author- 
ized to  enter  into  contract  with  said  corporation  for  a  supply  of 
water  on  such  terms  and  for  such  time  as  the  parties  may  agree, 
which  when  made  shall  be  legal  and  binding  on  all  parties  thereto ; 
and  said  municipalities  for  this  purpose  may  raise  money  in  the 
same  manner  as  for  other  municipal  charges;  may  establisli  such 
tolls  and  charge  such  rents  therefor  as  may  be  deemed  reasonable; 
may  borrow  money  to  defray  the  cost  of  such  system  of  water 
supply,  including  water  rights  and  land  damages,  and  ma}^  issue 
its  notes,  bonds  or  obligations  therefor,  and  secure  the  same  by 
mortgage  upon  the  property  rights  and  franchises  of  said  corpora- 
tions. 

Sect.  7.     Said  corporation  is  hereby  authorized  and  empv)wer'3d 
to  sell  or  lease  for  a  term  of  years  to  said  towns  and  cities,  or  any 
of  them,  or  to  any  water  district  now  existing  or  hereafter  organized 
comprising  the  whole  or  any  part  of  said  counties  of  Strafford  and 
Kockingham,   all  of  its  property  consisting  of  works,   structures, 
rights,  franchises,  fixtures  and  estate  of  whatever  kind  or  nature ; 
and  said  towns,  cities,  or  water  district  is  hereby  authorized  to 
take,  purchase  or  lease  the  same  at  a  fair  and  equitable  valuation; 
and  in  the  fixing  and  agreeing  upon  the  proper  value  of  said  prop- 
erty said  towns,  cities,  or  district,  by  their  or  its  officers,  is  hereby 
authorized  and  empowered  to  agree  with  said  corporation  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  property,  the  value  so  fixed  upon  to  be  the  purchase 
price  for  said  property.     Should  said  towns,  cities,  or  district  be 
unable  to  agree  with  said  corporation  upon  a  fair  and  equita))le 
price  for  its  property  in  the  manner  hereinbefore  provided,   ap- 
plication may  be  made  to  the  superior  court  for  the  county  of 
Strafford  at  a  trial  term  thereof  for  fixing  the  valuation  of  said 
property,  and  the  procedure  in  said  court  may  be  the  same  as  is 
provided  for  determining  damages  in  section  5  of  this  act. 
Limitation  of  act.      Sect.   8.     The   provisions  of  this  act  shall  be  inoperative  and 


Sale  or  lease 
authorized. 


1913]  Chapter  393.  953 

void  unless  the  construction  of  said  water  supply  system  shall  be 
begun  in  good  faith  within  two  years  from  and  after  its  passagi>. 

Sect.  9.     Any  two  of  the  first  named  grantees  may  call  the  first  First  meeting, 
meeting  of  the  corporation  by  giving  a  written  or  printed  notice 
to  the  other  members  at  least  ten  days  before  the  day  of  meeting,  or 
by  leaving  such  notice  at  their  last  place  of  abode  ten  days  before 
such  meeting. 

Sect.  10.  The  corporation  hereby  created  shall  be  a  public  Bcemed  a  public 
utility  subject  to  the  supervision  and  jurisdiction  of  the  public""^' 
service  commission  in  all  respects,  except  that  it  shall  not  be  obliged 
to  apply  to  said  commission  for  authority  to  construct  the  plant, 
works,  reservoirs,  aqueducts  and  other  structures  necessary  to 
enable  it  to  appropriate,  retain  and  store  the  waters  of  said  Merry- 
meeting  lake  and  Perkins  brook.  It  is  the  intent  of  this  section  to 
provide  that  while  said  corporation  may  construct  the  main  reser- 
voir and  water  supply  system  authorized  by  this  act  without  making 
application  for  authority  from  said  commission,  it  shall  not  engage 
in  the  business  of  selling  water  in  any  municipality  without  such 
authorit3%  and  its  service  and  rates  for  service,  whether  for  water 
supplied  to  individual  takers,  to  municipalities  or  others,  shall  be 
subject  to  regulation  by  said  commission,  and  said  commission  shall 
in  all  respects  have  the  same  supervisory  jurisdiction  over  said 
corporation  as  it  has,  or  may  have,  by  law  over  other  public 
utilities. 

Sect.  11.  .  The  legislature  may  at  any  time  alter,  amend  or  repeal  Subject  to  repeal; 
this  charter  whenever  the  public  good  may  require,  and  this  act  on  passage. 
shall  take  effect  upon  its  passage. 

[Approved  May  7,  1913.] 


CHAPTER  393. 


AN    ACT    TO    ENABLE    THE    SCHOOL    DISTRICT    OF    GREENLAND    TO    ISSUE 

NOTES  OR  BONDS  FOR  THE  PURPOSE  OP  BUILDING  A  SCHOOL  HOUSE. 
Section  j    Section 

1.      Authority   granted.  I         2.      Takes  effect  on  passage. 

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

Section  1.     That  the  school  district  of  the  town  of  Greenland ,  Authority  granted. 
for  the  purpose  of  building  a  school  house,  may,  at  any  regular 
or  special  meeting  duly  warned,  by  a  major  vote  of  the  legal  voters 
of  said  district,  issue  notes  or  bonds  to  an  amount  not  exceeding  ten 


954 


Chapter  394. 


[1913 


Takes   effect 
on   passage. 


thousand  dollars,  payable  serially,  but  to  be  fully  paid  at  the  expi- 
ration of  twenty  years  from  date  of  issue,  said  bonds  to  be  exempt 
from  local  taxation  in  the  town  of  Greenland  when  owned  by 
citizens  of  said  town.  The  school  board  of  said  district  shall  pre- 
pare a  checklist  to  be  used  at  said  meeting  in  accordance  with  the 
provisions  of  chapter  90  of  the  Public  Statutes. 

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

[Approved  May  7,  1913.] 


CPIAPTER  394. 


AN    ACT    TO    INCORPORATE    THE   PLAINFIELD    WATER    SUPPLY    COMPANY. 


Section 

1.  Corporation   constituted. 

2.  Capital  stock. 

3.  Meetings  of  corporation. 

4.  Power  to  hold  property,  etc. 

5.  Right  of  eminent  domain. 


Skction 

6.  Contracts  authorized. 

7.  First  meeting. 

8.  Deemed  a  public  utility. 

9.  Takes  effect  on  passage. 


Be  it   enacted   hy   the   Senate   and 
General  Court  convened: 


House   of  Representatives  in 


Corporation 
constituted. 


Capital  stock. 


Meetings. 


Power  to  hold 
property,   etc. 


Section  1.  That  Clara  Sidney  Davidge,  Henry  C.  Daniels, 
Maurice  J.  Moore,  Eunice  Wait  and  Lucy  M.  Lewin,  their  succes- 
sors, associates  and  assigns  shall  be  and  are  hereby  made  a  corpo- 
ration by  the  name  of  the  Plainfield  Water  Supply  Company,  for 
the  purpose  of  constructing  a  system  of  pipes  and  water  works,  and 
supplying  individuals  and  corporations,  in  the  town  of  Plainfield, 
New  Hampshire,  with  water  for  domestic  use,  manufacturing  pur- 
poses and  the  extinguishing  of  fires ;  and  by  that  name  may  sue  and 
be  sued,  prosecute  and  defend  to  final  judgment  and  execution,  and 
are  hereby  vested  wdth  all  the  powers  and  subject  to  all  the  lia- 
bilities 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  ($100)  dollars 
each,  as  may  from  time  to  time  be  determined  by  said  corporation, 
not  exceeding  in  the  whole  sum  thirty  thousand  ($30,000)  dollars. 

Sect.  3.  The  annual  and  all  special  meetings  of  this  corpora- 
tion shall  be  held  at  such  times  and  places  and  by  such  notices  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  or  personal  estate  necessary  for 
the  carrying  into  effect  the  purposes  of  this  act,  and  said  corpora- 


1913]  Chapter  394.  955 

tion  is  authorized  to  enter  upon  and  break  ground,  dig  ditches,  and 
make  excavations  in  any  street,  place,  square,  passageway,  or  high- 
way, 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,  structures  and  such  mate- 
rials as  may  be  deemed  necessary  for  constructing  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  security  of 
public  travel,  as  the  selectmen  of  the  town  maj^  prescribe. 

Sect.  5.  Said  corporation  is  authorized  to  enter  upon,  and  ap-  Right  of  eminent 
propriate  the  water  known  as  Echo  Farm  spring  in  the  county  of  °™'^'°' 
Sullivan,  and  to  secure  said  water  by  fence  or  otherwise  and  to 
dig  ditches,  make  excavations,  and  reservoirs  through,  over,  in, 
or  upon  any  land  or  enclosure,  through  which  it  may  be  necessary 
for  said  pipes  and  \vater  to  pass  or  said  excavations,  reservoirs, 
and  water  works  to  be  or  exist,  for  the  purpose  of  obtaining,  hold- 
ing, preserving  or  conducting  said  water  and  placing  such  pipes 
and  other  material  and  works  as  may  be  necessary  for  building 
or  operating  such  water  works,  or  repairing  the  same;  provided, 
that  if  it  be  necessary  to  enter  upon  and  appropriate  any  land  for 
the  purpose  aforesaid  or  to  raise  or  lower  the  level  of  said  waters, 
and  the  said  corporation  shall  not  be  able  to  agree  with  the  owner 
thereof  for  the  damages  that  may  be  done  by  said  corporation,  or 
the  owner  shall  be  unknown,  either  party  may  apply  to  the  superior 
court,  at  a  trial  term,  in  the  county  of  Sullivan,  have  the  same 
layed  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. 

Sect.  6.  Said  corporation  may  make  contracts  with  individuals  Contracts 
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  Plainfield,  or  any  fire  precinct  hereafter  organized  therein, 
all  its  works,  constructions  and  estate  of  Avhatever  kind  or  nature, 
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  Plainfield  Water  Supply  Company, 
said  town  of  Plainfield,  by  its  proper  officers,  is  hereby  authorized' 

32 


956 


Chapter  394. 


[1913 


First   meeting. 


Deemed  public 
utility. 


Takes  effect 
on   passage. 


and  empowered  to  agree  with  the  Plainfield  Water  Supply  Com- 
pany 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  Plainfield  Water  Supply  Company, 
and  the  value  so  fixed  upon  to  be  the  purchase  price  for  said 
property.  Should  said  town  of  Plainfield  be  unable  to  agree  with 
said  Plainfield  Water  Supply  Company,  upon  a  fair  and  equitable 
price  for  its  property  in  the  manner  provided  in  this  section,  ap- 
plication may  be  made  to  the  superior  court  of  the  county  of 
Sullivan,  at  the  trial  term  thereof  for  fixing  the  valuation  of  said 
property  rights  and  franchises  and  said  court  may  refer  the  same 
to  the  county  commissioners  for  said  county,  and  said  corporation 
is  authorized  to  borrow  money  to  defray  the  cost  of  such  water 
w^orks,  water  rights  and  laud  damages  and  may  issue  its  notes, 
bonds,  or  obligations  therefor,  not  exceeding  one  half  its  capital 
stock,  actually  paid  in  and  unimpaired,  payable  at  such  times  and 
at  such  rates  of  interest,  not  exceeding  six  (6%)  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  Sullivan. 

Sect.  7.  Any  two  of  the  first  named  grantees  may  call  the  first 
meeting  of  the  corporation  by  giving  a  printed  or  written  notice  to 
the  other  members  at  least  ten  days  before  the  day  of  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 
repeal  this  charter,  or  any  part  thereof. 

Sect.  8.  The  corporation  hereby  created  shall  be  a  public  utility, 
and  shall  be  subject  to  the  supervision  of  the  public  service  com- 
mission in  respect  to  engaging  in  business,  capitalization,  service, 
rates  for  service,  and  in  all  other  respects  as  if  incorporated  under 
the  general  law. 

Sect.  9.     This  act  shall  take  effect  upon  its  passage. 

[Approved  May  7,  1913.] 


1913] 


Chapter  395. 


957 


CHAPTER  395. 

AN   ACT   TO   AUTHORIZE   THE   PROPRIETORS   OP   UNION    MANUFACTURING 
COMPANY  TO  INCREASE  THE  CAPITAL  STOCK  OF  SAID   COMPANY. 


Section 

1.  Authority  granted. 

2.  Division   into   shares. 


Sectiox 

3.     Takes  effect  on  adoption. 


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

Section  1.  The  proprietors  of  the  corporation  established  b}"  Authority  granted. 
ail  act  of  the  legislature  approved  June  17,  1823,  by  the  name  of 
the  Union  Manufacturing  Company,  a  corporation  duly  established 
by  law  and  located  at  Peterborough,  county  of  Hillsborough  and 
state  of  New  Hampshire,  are  hereby  authorized  and  empowered  at 
any  annual  meeting  of  said  corporation  or  at  any  other  legal 
meeting  called  for  that  purpose,  to  increase  the  capital  stock  of 
said  corporation  to  such  an  amount  as  they  may  deem  necessary  to 
facilitate  their  operations  not  exceeding  the  sum  of  five  hundred 
thousand  dollars,  and  may  hold  real  and  personal  estate  to  such 
amount. 

Sect.  2.     The  said  proprietors,  at  any  legal  meeting,  are  author  Division  into 
ized  and  empowered  to  divide  the  capital  stock  of  said  corpo-  ^^^'"^s. 
ration  into  as  many  shares  as  they  may  deem  proper,  not  exceed- 
ing five  thousand,  with  a  par  value  of  one  hundred  dollars  per 
share. 

Sect.  3.     This  act  shall  take  effect  and  be  in  force  as  an  addi-  Takes  effect 
tion  to  the  act  incorporating  the  said  Union  Manufacturing  Com-  °'^  ^  **^  *°°' 
pany  when  adopted  by  a  vote  of  said  proprietors  at  any  annual 
meeting  or  at  any  other  legal  meeting  called  for  that  purpose. 

[Approved  May  7,  1913.] 


958 


Chapter  396. 


[1913 


CHAPTER  396. 


AN  ACT  IN  AMENDMENT  OF  THE  CHARTER  OF   ST.   PAUL's   SCHOOL  AND 
AMENDMENTS    THERETO. 


Membership  not 
to  exceed  fifteen. 


To  be  at  least 
eleven. 


Section 

1.  Membership   not  to   exceed   fifteen. 

2.  To  be  at  least  eleven. 


Section 

3.     Takes  effect  on  passage. 


Takes  effect 
on  passage. 


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

Section  1.  Section  one  of  an  act  entitled  "An  Act  to  incor- 
porate St.  Paul's  School"  and  approved  June  29,  1855,  is  hereby 
amended  by  striking  out  the  last  word  in  said  section,  to  wit,  the 
word  "two"  and  inserting  in  place  thereof,  the  word  six,  and  by 
adding  to  said  section,  the  words,  that  is  to  say,  the  whole  number 
of  members  of  said  corporation  shall  not  exceed  fifteen,  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  Horatio  Southgate,  Newton  E.  Marble, 
Nathaniel  B.  Baker,  William  F.  Otis,  Isaac  F.  Redfield,  Mathew 
Harvey,  Jacob  Carter,  William  E.  Coale,  Henry  M.  Parker,  their 
associates  and  successors,  be  and  they  hereby  are  made  a  body 
politic  and  corporate  by  the  name  of  St.  Paul's  School;  and  by 
that  name  may  sue  and  be  sued,  prosecute  and  defend  to  final 
judgment  and  execution,  and  shall  have  and  enjoy  all  the  powers 
and  privileges  and  be  subject  to  all  the  liabilities  incident  to 
corporations  of  a  similar  character,  provided  that  the  number  of 
associates  shall  not  exceed  six,  that  is  to  say,  the  whole  number 
of  members  of  said  corporation  shall  not  exceed  fifteen. 

Sect.  2.  Section  three  of  said  act  is  hereby  amended  by  striking 
out  the  words,  "so  that  the  number  of  eleven  shall  always  be  kept 
up  and  preserved,"  and  by  inserting  in  place  thereof,  the  words, 
the  whole  number  of  members  of  said  corporation  shall  be  at  least 
eleven,  and  may  be  increased,  from  time  to  time,  by  vote  of  said 
corporation,  to  a  number  not  exceeding  fifteen,  so  that  said  section, 
as  amended,  shall  read  as  follows :  Sect.  3.  Said  corporators  and 
their  associates  and  their  successors  shall  have  the  entire  manage- 
ment and  control  of  the  affairs  of  said  corporation  and  shall  by 
election  fill  all  vacancies  which  may  from  time  to  time  occur  in 
their  body,  so  that  the  whole  number  of  members  of  said  corpo- 
ration shall  be  at  least  eleven,  and  may  be  increased,  from  time  to 
time,  by  vote  of  said  corporation,  to  a  number  not  exceeding  fifteen. 
At  all  meetings  of  the  corporation  five  shall  constitute  a  quorum 
for  the  transaction  of  business  except  on  the  election  or  removal 
of  the  principal  of  said  school. 

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


[Approved  May  13,  1913.] 


1913] 


Chapters  397,  398. 


959 


CHAPTER  397. 

AN   ACT   TO   AMEND   "AN   ACT   TO   INCORPORATE   THE   TROY   WATER   AND 
IMPROVEMENT  COMPANY,"  APPROVED  MARCH  8,  1899. 


Section 

1.      Capital  stock  increased. 


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.  Amend  section  2  of  chapter  187  of  the  Laws  of  1899  Capital  stock 
by  striking  out  the  word  "ten"  in  the  second  line  of  said  section 
and  inserting  in  place  thereof  the  word  fifty,  so  that  said  section 
as  amended  shall  read  as  follows:  Sect.  2.  The  capital  stock  of 
said  corporation  shall  not  exceed  fifty  thousand  dollars,  It  may 
acquire  and  hold  real  estate  and  personal  estate  necessary  and 
convenient  for  the  purposes  aforesaid,  and  it  may  issue  bonds  and 
other  obligations,  secured  by  mortgage  of  its  real  and  other  'prop- 
erty, to  carry  out  the  purposes  for  which  it  is  created. 

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

[Approved  May  13,  1913.] 


CHAPTER  398. 


AN  ACT  TO  INCORPORATE  THE  PHILLIPS  BROOK  IMPROVEMENT  COMPANY. 


Section 

Section 

1.      Corporation  constituted. 

7. 

First  meeting. 

2.      Capital  stock. 

8. 

By-laws,  etc. 

.^.     May  erect  dams,   etc. 

9. 

Restrictions. 

4.      Collection   of   tolls. 

10. 

Limitation  of  act. 

5.      Deemed  a  public  utility. 

11. 

Subject  to  repeal. 

6.      Publication   of  rates. 

12. 

Takes  effect  on  passage 

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


Section  1.  That  John  T.  Amey,  Everett  E.  Amey,  Irving  W.  Corporation 
Drew,  Merrill  Shurtleff,  and  Ernest  McC.  Macy,  their  associates, 
successors  and  assigns,  be  and  hereby  are  made  a  body  politic  and 
corporate  by  the  name  of  The  Phillips  Brook  Improvement  Com- 
pany, for  the  purpose  of  erecting  dams  and  sluices,  and  making 
such  other  improvements  as  may  be  proper  and  necessary  on 
Phillips  brook  in  the  towns  of  Odell,  Erving's  Location,  Millsville 


960 


Chapter  393. 


[1913 


Capital  stock. 


May    erect 
dams,    etc. 


and  Stark  in  Coos  county,  New  Hampshire,  and  the  Upper  Am- 
monoosuc  river  in  the  said  town  of  Stark,  to  improve  said  streams 
and  their  tributaries  for  the  purpose  of  driving  logs,  lumber  and 
pulp-wood  therein  and  over  and  through  said  dams  and  sluices, 
and  of  establishing  rates  of  toll  on  lumber  and  pulp-wood  so  driven 
and  sluiced  and  shall  be  vested  with  all  the  rights  and  privileges 
and  subject  to  all  the  liabilities  of  a  corporation  of  a  similar 
nature  :  and  may  purchase  and  hold  real  estate  and  other  property, 
not  exceeding  in  value  the  sum  of  fifteen  thousand  dollars  ($15,- 
000),  said  sum  to  be  held  in  shares  of  one  hundred  dollars  ($100) 
each. 

Sect.  2.  The  capital  stock  of  said  corporation  shall  not  exceed 
the  sum  of  $15,000,  divided  into  not  more  than  150  shares  of  $100 
each. 

Sect.  3.  Said  corporation  may  erect  and  maintain  as  many 
dams,  sluices  and  booms  on  said  rivers  and  their  tributaries,  and 
may  clear,  deepen  and  improve  the  same  to  such  extent  as  by  it 
shall  be  deemed  necessary  for  the  proper  driving  of  logs,  lumber 
and  pulp-wood  in  said  streams  and  their  tributaries  and  through 
said  improvements;  and  if  the  owner  or  owners  of  any  property 
situated  in  said  streams  shall  feel  that  his  or  their  property  has 
been  damaged  by  reason  of  said  improvements,  he  or  they  may 
apply  to  the  superior  court  for  said  Coos  county  to  have  said 
damages  assessed  and  adjusted ;  and  said  court  is  hereby  au- 
thorized and  empowered  to  adjust  the  same  and  assess  the  dam- 
ages subject  to  the  right  of  appeal  to  the  supreme  court  as  in 
cases  of  a  similar  nature. 
Collection  of  tolls.  Sect.  4.  Said  corporation  may,  subject  to  the  supervision  of 
the  public  service  commission,  make  and  establish  such  rates  of 
toll  for  driving  logs,  lumber  and  pulp-wood  over  and  through 
said  dams  and  sluices,  and  said  river  and  its  tributaries  as  may 
be  deemed  by  them  expedient,  and  shall  have  the  power  to  sue 
for,  and  collect  said  tolls  in  the  same  manner  as  other  corporations 
are  by  law  allowed  to  sue  and  collect  debts  due  them ;  and  said 
corporation  shall  have  a  lien  on  all  logs,  timber  and  pulp-w^ood 
which  may  pass  over  or  through  said  dam,  sluices  and  improve- 
ments, and  may  hold  possession  of  the  same  until  said  tolls  shall 
be  paid  or  satisfactorily  secured. 

Sect.  5.  The  corporation  hereby  created  shall  be  a  public 
utility,  and  shall  be  subject  to  the  supervision  of  the  public  service 
commission  in  respect  to  capitalization  and  rates,  and  in  all  other 
respects  as  other  public  utilities  are. 

Sect.  6.  When  said  rates  of  toll  shall  have  been  established, 
said  corporation  shall  cause  the  same,  duly  attested,  to  be  pub- 
lished in  some  newspaper  in  the  city  of  Berlin,  and  said  rates  when 


Deemed  a  public 
utility. 


Publication 
of  rates. 


1913]  Chapter  398.  961 

so  published  and  recorded  in  the  clerk's  book  of  records  of  said 
corporation,  shall  be  the  established  rate,  and  such  notice  shall  be 
deemed  legal  notice  to  all  parties. 

Sect.  7.  Any  two  of  the  charter  members  herein  named  may  First  meeting. 
call  the  first  meeting  of  said  corporation  by  mailing  to  each  charter 
member  due  notice  thereof  at  least  fourteen  days  prior  to  said  meet- 
ing, which  notice  shall  state  the  time  and  place  of  said  meeting; 
provided,  hoivcvcr,  that  if  all  the  charter  members  shall  be 
absent  at  said  meeting,  or  if  they  shall  accept  notice  of  the  same  in 
writing,  said  meeting. may  be  called  and  held  at  any  time  without 
giving  fourteen  days'  notice  as  aforesaid. 

Sect.   8.     Said  corporation  when  so  met  may  elect  associates,  Bj-iaws,  etc. 
fix  the  amount  of  capital  stock,  and  establish  such  by-laws,  rules 
and  regulations  for  the  conduct  of  said  corporation,  and  may  elect 
such  officers  as  may  be  necessary,  and  may  transact  such  business 
as  may  pertain  to  corporations  of  a  similar  nature. 

Sect.  9.     No  improvements  on  said  Phillips  brook  and  its  tribu-  Restrictions, 
taries  or  said  Upper  Animonoosuc  river  shall  be  placed  in  said 
river  below  the  town  of  Stark  in  said  Coos  county. 

Sect.  10.  This  charter  shall  not  be  construed  to  interfere  with  Limitation  of  act. 
the  power  of  the  state  of  New  Hampshire  to  grant  rights  to  other 
persons  or  corporations  to  build  or  construct  dams  or  other  im- 
provements on  said  Phillips  brook  and  Upper  Ammonoosuc  river 
or  their  tributaries,  and  this  charter  shall  be  void  unless  said  cor- 
poration shall  organize  wdthin  one  year  after  the  passage  of  this  act, 
and  shall  so  notify  the  secretary  of  state,  and  unless  the  improve- 
ments for  the  making  of  which  this  charter  is  granted  shall  have 
been  substantially  completed  within  five  years  from  the  date  of  the 
passage  of  this  act. 

Sect.  11.     This  charter  may  be  amended,  altered  or  repealed  at  Subject  to  repeal. 
any  time. 

Sect.  12.     This  act  shall  take  effect  upon  its  passage.  Takes  effect 

on   passage. 

[Approved  May  13,  1913.] 


962  Chapter  399.  [1913 

CHAPTER  399. 

AN  ACT  IN  AMENDMENT  OF  SECTION  6  OF  CHAPTER  286  OF  THE  LAWS 
OF  1909,  ENTITLED  "aN  ACT  TO  INCORPORATE  THE  WOODSTOCK  & 
THORNTON    GORE   RAILROAD." 

Section  i    Section 

1.      Certain    conditions   imposed.  I         2.      Takes  effect  on  passage. 

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

Certain  conditions  SECTION  1.  That  section  6  of  chapter  286  of  the  Laws  of  1909 
is  hereby  amended  by  striking  out  all  of  said  section  after  the  word 
"  act "  in  the  sixth  line  of  said  section  and  inserting  in  place  thereof 
the  following  words  and  for  the  better  protection  of  property,  it  is 
hereby  provided  that,  after  the  first  day  of  June,  1913,  said  rail- 
road shall  not  be  operated  under  the  authority  conferred  by  this 
act  until  the  Publishers  Paper  Company,  a  corporation  duly  es- 
tablished by  law  and  engaged  in  business  in  this  state,  shall  make 
and  file  in  the  office  of  the  secretary  of  state  an  instrument  in 
writing  agreeing  that  it  and  its  successors  and  assigns  shall  be  liable 
for  all  damages  to  property  from  fire  or  otherwise  which  may  be 
caused  by  the  operation  of  said  railroad  under  the  authority  con- 
ferred by  this  act,  to  the  same  extent  as  such  liability  is  imposed 
by  the  laws  of  this  state  upon  the  proprietors  of  railroads ;  and, 
upon  the  filing  of  said  instrument  in  writing  by  said  Publisliers 
Paper  Company,  the  liability  of  the  Woodstock  Lumber  Company 
and  its  successors  and  assigns  for  such  damage  from  fire  or  other- 
wise shall  cease ;  so  that  said  section  as  amended  shall  read  as  fol- 
lows: Sect.  6.  This  act  shall  be  void  as  to  any  and  all  parts  of 
said  railroad  not  completed  within  two  years  from  the  passage  of 
this  act,  and  the  authority  hereby  conferred  to  locate,  construct  and 
maintain  said  railroad  and  to  operate  the  same  shall  cease  and 
determine  at  the  expiration  of  eight  years  from  the  passage  of 
this  act;  and  for  the  better  protection  of  property,  it  is  hereby 
provided  that,  after  the  first  day  of  June,  1913.  said  railroad  shall 
not  be  operated  under  the  authority  conferred  by  this  act  until 
the  Publishers  Paper  Company,  a  corporation  duly  established  by 
law  and  engaged  in  business  in  this  state,  shall  make  and  file  in  the 
office  of  the  secretary  of  state  an  instrument  in  writing  agreeing 
that  it  and  its  successors  and  assigns  shall  be  liable  for  all  damages 
to  property  from  fire  or  otherwise  which  may  be  caused  by  the 
operation  of  said  railroad  under  the  authority  conferred  by  this 
act,  to  the  same  extent  as  such  liability  is  imposed  by  the  laws  of 
this  state  upon  the  proprietors  of  railroads ;  and,  upon  the  filing  of 


1913] 


Chapter  400. 


963 


said  instrument  in  writing  by  said  Publishers  Paper  Company,  the 
liability  of  the  "Woodstock  Lumber  Company  and  its  successors 
and  assigns  for  such  damage  fi'om  fire  or  otherwise  shall  cease. 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

[Approved  May  13,  1913.] 


Takes   effect 
on   passage. 


CHAPTER  400. 


AN  ACT  AUTHORIZING  UNION  SCHOOL  DISTRICT  OF  LITTLETON  TO  ISSUE 

BONDS  OR  NOTES. 


Section 

1.  Refunding  bonds  authorized. 

2.  Equipment   bonds    authorized. 

3.  Exemption  from  taxation. 

4.  Not  subject  to  debt  limit. 


Section 

5.  Municipal  bonds  act  applicable. 

6.  Loan   authorized. 

7.  Takes  effect  on  passage. 


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


Section  1.  The  Union  School  District  of  Littleton,  for  the  pur-  Refunding  bonds 
pose  of  funding  and  refunding  outstanding  indebtedness,  now  evi- 
denced by  its  notes,  is  hereby  authorized  to  issue  bonds  of  the 
district  to  an  amount  not  exceeding  twenty-five  thousand  dollars, 
upon  a  two-thirds  vote  of  all  present  and  voting  at  any  adjourned 
meeting  of  the  annual  meeting  of  said  district  of  March  29,  1913,  or 
upon  a  majority  vote  of  all  present  and  voting  at  an  annual  meet- 
ing, or  special  meeting  called  for  that  purpose,  held  hereafter. 

Sect.  2.     The  said  district,  for  the  purchase  of  land  for  school  Equipment  bonds 

'  .  ^  .       .  authorized. 

purposes,  and  the  erection  and  equipment  of  school  buildings  there- 
on, and  the  cost  thereof,  is  authorized  to  issue  bonds  of  the  district 
to  an  amount  not  exceeding  seventy-five  thousand  dollars,  upon  a 
majority  vote  of  all  present  and  voting  at  an  annual  meeting  of  the 
district,  or  special  meeting  called  for  that  purpose. 

Sect.  3.     Such  bonds,  issued  for  the  purposes  aforesaid,  when  Exemption. 
owned  by  residents  of  Littleton,  shall  be  exempt  from  taxation. 

Sect.  4.     The  said  district  and  issue  of  bonds,  as  aforesaid,  shall  ^°\  subject  to 

'  '  debt    limit. 

be  exempt  from  the  debt  limit  imposed  by  section  9,  chapter  43,  of 
the  Laws  of  1895 ;  and  the  provisions  of  section  3,  of  said  chapter, 
so  far  as  they  relate  to  voting  upon  such  bonds  in  annual  or  special 
meetings  of  the  district,  shall  not  apply  to  such  issue  of  bonds. 

Sect.  5.     The  provisions  of  the 
shall,  in  all  other  respects,  be  applicable  to  all  bonds  issued 

Sect.  6.     The  said  district,  for  the  purposes  above  named,  upon  Loan  authoriaed. 


Municipal  Bonds  Act,  1895,'' ^^""''^'^r^  J?*""^^ 

'  '  '      act  applicable. 


964 


Chapter  401. 


[1913 


Takes  effect 
OD   passage. 


a  vote,  and  at  a  meeting,  as  aforesaid,  is  hereby  authorized  to  hire 
money  and  issue  negotiable  notes  therefor,  instead  of  said  bonds, 
to  an  amount  not  exceeding  the  respective  amounts  named  in  sec- 
tions one  and  two,  upon  such  terms  and  conditions  as  to  time  and 
place  of  payment,  rate  of  interest,  and  all  other  things  necessary 
to  properly  make,  execute  and  dispose  of  such  notes,  as  it  may  vote 
at  any  meeting,  as  aforesaid.  Said  district,  at  any  such  meeting, 
may  vote  to  raise  money  by  taxation  to  pay  the  interest  on  such 
notes,  and  create  a  sinking  fund  for  the  payment  of  such  notes 
when  they  become  due.  Such  notes,  when  owned  by  residents 
of  Littleton,  shall  be  exempt  from  taxation. 

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

[Approved  May  15,  1913.] 


CHAPTER  401. 


AN   ACT   TO   AUTHORIZE   THE   TOWN   OP   PRANCONIA   TO    ESTABLISH    AND 
MAINTAIN   AN   ELECTRIC    LIGHT   AND   POWER   PLANT. 


Electric  plant 
authorized. 


Secmon 

1.  Electric  plant   authorized. 

2.  Right  of  eminent  domain. 

3.  Contracts  authorized. 

4.  Management  and  control. 

5.  Rates,   tolls,   etc. 


Section 

6.  Accounts,    how   to   be   kept. 

7.  Notes   or  bonds   authorized. 

8.  Adoption  of  act. 

9.  Repealing    clause;     act    takes    effect 

on  passage. 


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

Section  1.  The  town  of  Franconia  in  the  county  of  Grafton 
is  hereby  authorized  and  empowered  to  construct,  maintain,  manage, 
and  own  a  suitable  electric  light  and  power  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  to  take,  purchase, 
and  hold  in  fee  simple  or  otherwise,  any  real  or  personal  estate, 
and  any  rights  therein,  and  water  rights  and  privileges,  and  ma- 
chinery, necessary  for  carrying  into  effect  the  purposes  of  this  act, 
and  to  erect  and  maintain  poles  and  to  place  wires  for  the  trans- 
mission of  electricity,  or  to  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  may  change  and  repair  the  same  at  pleasure, 


1913]  Chapter  401.  965 

having  due  regard  for  the  safety  of  its  citizens  and  security  of  the 
public  travel.  Said  company  shall  not  enter  upon,  or  construct  or 
lay  any  conduits,  pipes,  wires  or  other  works  within  the  location 
of  any  railroad  corporation,  except  at  such  time  and  in  such  manner 
as  it  may  agree  with  such  corporation,  or,  in  case  of  failure  so  to 
agree,  at  such  time  and  in  such  manner  as  may  be  approved  by 
the  public  service  commission. 

Sect.  2.     Said  town  is  authorized  and  empowered  to  enter  upon,  Ki?ht  of  eminent 

,  -,  .  T  T  •    1         domain. 

take,  and  appropriate  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  town,  and  to  j^urchase  such 
real  estate,  water  rights,  powers  and  privileges  as  may  be  deemed 
necessary  and  expedient  for  said  purposes,  and  to  dig  ditches,  make 
excavations,  erect  poles,  and  place  wires,  through,  over,  in,  or  upon 
any  land  or  enclosure  wherever  it  may  be  necessary  for  subterra- 
nean pipes,  poles,  wires,  or  other  materials  or  works  to  be  located 
for  the  purpose  of  building  and  operating  such  electric  light  plant, 
or  for  repairing  the  same,  and  for  generating,  transmitting,  and 
supplying  such  electricity ;  provided,  if  it  shall  be  necessary  to  enter 
upon  and  appropriate  any  streams,  real  estate,  or  rights  therein, 
and  water  rights,  powers  and  privileges,  or  to  raise  or  lower  the 
level  of  the  same,  for  the  purpose  aforesaid,  and  if  said  town  shall 
not  agree  with  the  owners  thereof  for  the  damage  that  may  be  done 
by  said  town,  or  if  such  owners  shall  be  unknown,  said  town  may 
take  such  streams,  real  estate,  or  rights  therein,  and  water  rights, 
powers  and  privileges  and  assess  the  damages,  and  the  same  rem- 
edies and  proceedings  may  be  had  as  in  case  of  laying  out  highways. 

Sect.  3.  Said  town  is  authorized  and  empowered  to  contract  Contracts 
with  individuals  and  corporations  for  supplying  them  with  light  ^^'  °^'^®  " 
or  power,  and  to  make  such  contracts  and  establish  such  regulations, 
tolls,  and  rates  for  light  and  power  or  its  use,  as  may  from  time  to 
time  be  deemed  proper.  Said  town  is  further  empowered  to  gene- 
rate electricity  for  sale  for  the  purposes  of  furnishing  power  and 
lighting  streets  and  buildings,  and  it  is  empowered  to  sell  the 
same  to  any  person  or  persons  or  body  corporate  within  the  limits 
of  said  town. 

Sect.  4.  The  immediate  management,  control  and  direction  of  Management  and 
the  electric  light  and  power  plant  of  the  town  shall  be  vested  in 
the  board  of  selectmen,  and  they  may  appoint  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  management  Rates,  toils,  etc. 
of  the  construction  of  said  plant  and  system  of  wires,  etc.,  and  shall 
make  all  such  contracts  and  agreements,  for  and  on  behalf  of  the 


966 


Chapter  401. 


[1913 


Accounts. 


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  regulations  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  in  their 
judgment  may  be  necessary  for  said  works,  and  the  purpose  con- 
templated 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  the 
expenses  and  income  thereof,  which  shall  be  published  in  the  town 
report  of  each  year. 

Sect.  6.  All  moneys  received  in  any  way  on  account  of  said 
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  con- 
nected with  said  plant  shall  be  paid  only  by  orders  drawn  by  the 
selectmen,  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,  separate  and  distinct 
from  all  other  receipts  and  payments. 

Sect.  7.  Said  town  is  also  authorized,  at  any  annual  meeting, 
by  a  major  vote  of  the  legal  voters  present  and  voting,  or  by  ma- 
jority 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  ten  thousand  dollars,  on  the  credit  of  the  town,  as  may 
from  time  to  time  be  deemed  necessary  for  the  purpose  of  defraying 
the  expense  of  purchasing  real  estate,  water  rights,  and  privileges, 
and  other  rights,  machinery,  and  property  as  aforesaid,  and  for  con- 
structing, maintaining  and  operating  said  electric  plant,  and  for 
the  payment  for  machinery,  etc.,  purchased  and  to  issue  notes  or 
bonds  of  the  town  therefor,  in  such  amounts  and  payable  at  such 
times  and  at  such  rates  of  interest  as  may  be  thought  proper,  and 
may  exempt  such  notes  and  bonds  from  taxation  when  held  by  the 
inhabitants  of  the  town. 

Sect.  8.     Said  town  may  accept  and  adopt  the  provisions  of  this 
act  at  any  annual  meeting,  by  a  major  vote  of  the  legal  voters 
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. 
Repealing  clause;      Sect.  9.     All  acts  and  parts  of  acts  inconsistent  with  the  pro- 
on  passage.  visious  of  this  act  are  hereby  repealed,  and  this  act  shall  take  effect 

upon  its  passage. 


Notes   or   bonds 
authorized. 


Adoption  of  act. 


[Approved  May  19,  1913.] 


1913]  Chapters  402,  408.  967 

CHAPTER  402. 

AN  ACT  AUTHORIZING  THE  CITY  OP  SOMERSWORTII  TO  ISSUE  REFUNDING 

BONDS. 

Section  j    Section 

1.     Authority  granted.  '         2.     Takes  etl'ect   on  passage. 

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

Section  1.  The  city  of  Somers worth,  in  the  county  of  Strafford,  Authority  granted. 
be  and  hereby  is  authorized,  for  the  purpose  of  refunding  outstand- 
ing indebtedness,  to  raise,  appropriate  and  borrow  money  to  the 
aggregate  amount  of  fifty  thousand  (50,000)  dollars,  and  to  issue  its 
bonds  therefor  not  exceeding  said  amount  on  the  credit  of  the  city, 
payable  at  such  time  or  times  within  twenty  years  from  the  date  or 
dates  thereof,  and  wdth  such  rate  of  interest  not  exceeding  four  per 
cent,  per  annum  as  the  city  council  may  determine.  Said  issue  of 
bonds  shall  be  exempt  from  taxation.  Except  as  hereinabove  pro- 
vided said  bonds  shall  be  issued  in  conformity  with  and  subject  to 
the  restrictions  of  chapter  forty-three  of  the  laws  of  eighteen 
hundred  and  ninety-five,  called  the  "Municipal  Bonds  Act  of 
1895,"  and  acts  amendatory  thereof  and  in  addition  thereto. 

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

on   passage, 

[Approved  May  21,  1913.] 


CHAPTER  403. 


AN  ACT  IN  AMENDMENT  OF  SECTION  3,  CHAPTER  266  OF  THE  LAWS  OP 
1909  IN  RELATION  TO  THE  ASSESSORS  OF  TAXES  IN  THE  CITY  OP 
PORTSMOUTH,  AND  IN  AMENDMENT  OF  SECTION  30,  CHAPTER  212  OF 
THE  LAWS  OF  1905,  ENTITLED  "aN  ACT  TO  AMEND  THE  CHARTER  OF 
THE  CITY  OF  PORTSMOUTH. ' ' 

Section  i    Section 

1.  Salary  of  clerk  of  board  of  assessors.  3.     Takes   effect   on   approval;    repealing 

2.  Salary  of  city  auditor.  [  '  clause. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  in 
Gen'eral  Court  convened: 

Section  1.     Amend  section  3  of  chapter  266,  Laws  of  1909,  by  Salary  of  clerk  of 

.    .,  .  ,     ,,  ,,,.,,.  '      •'   board  of  assessors. 

striking  out  the  word  "nine  '  m  the  fifth  line  thereof  and  by  in- 
serting the  word  twelve  in  place  thereof,  so  that  said  section  as 


968  Chapter  403.  [3913 

amended  shall  read  as  follows :  Sect.  3.  Said  board  shall  organize 
by  choosing  one  member  thereof  chairman  and  one  member  thereof 
clerk.  The  assessors  shall  each  receive  six  hundred  dollars  per 
annum  in  full  for  all  their  services.  The  clerk  of  the  board  shall 
receive  not  exceeding  twelve  hundred  dollars  per  annum  in  full  for 
all  services,  and  shall  devote  his  whole  time  to  the  performance  of 
the  duties  of  his  office.  The  clerk  shall  devote  not  less  than  six 
hours  per  day  to  the  business  of  the  board,  Sundays  and  holidays 
excepted.  Reasonable  leaves  of  absence  may  be  allowed  by  the 
board. 
Salary  of  city  Sect.  2.     Amend  scctiou  30,  chapter  212,  Laws  of  1905,  by  strik- 

ing out  the  w^ord  nine  in  the  sixteenth  line,  and  inserting  in  place 
thereof  the  word  twelve,  so  that  said  section  30  as  amended  shall 
read  as  follows:  Sect.  30.  The  various  officers  of  said  citj^  shall 
be  paid  the  following  annual  salaries,  which  shall  be  in  full  for  all 
services,  expenses  and  disbursements  made  by  them  while  in  office, 
and  they  shall  receive  no  other  compensation  of  any  sort :  The 
mayor  five  hundred  dollars,  payable  quarterly.  The  city  clerk  one 
thousand  dollars,  payable  monthly,  and  the  fees  fixed  by  law.  The 
overseer  of  the  poor  two  hundred  dollars.  The  board  of  assessors 
fifty  dollars  each.  The  city  treasurer  five  hundred  dollars.  The 
salary  of  the  city  solicitor  shall  be  five  hundred  dollars,  and  this 
salary  shall  include  his  services  and  expenses  in  full  to  the  city  and 
every  department  of  the  same.  The  superintendent  of  streets  one 
thousand  dollars.  The  chief  engineer  of  the  fire  department  $400 
per  annum,  the  assistant  engineers  $100  per  annum,  all  payable 
quarterly.  The  collector  of  taxes  three  fourths  of  one  per  cent,  of 
the  amount  collected.  The  city  auditor  twelve  hundred  dollars. 
The  city  messenger  eight  hundred  dollars.  The  clerk  of  the  board 
of  water  commissioners  two  hundred  dollars,  the  other  two  members 
of  said  board  one  hundred  dollars  each. 
Takes  effect  on  Sect.  3.  The  provisious  of  tliis  bill  shall  not  become  effective 
Lg^c\a*us'e.^^^^^  *  and  in  full  force  until  approved  by  the  mayor  and  a  majority  of 
the  members  elected  to  the  city  council  of  the  city  of  Portsmouth, 
and  on  and  after  its  said  approval  said  provisions  shall  become  of 
full  force  and  effect,  and  all  acts  and  parts  of  acts  inconsistent  with 
this  provision  of  this  act  are  hereby  repealed. 

[Approved  May  21,  1913.] 


1913] 


Chapter  404. 


969 


CHAPTER  404. 


AN  ACT  AUTHORIZING  THE  CONSOLIDATION  OF  THE  UNION  TRUST   COM- 
PANY AND  THE  CONCORD  TRUST  COMPANY. 


Section 

1.  Consolidation   authorized. 

2.  Continuation  of  business. 

3.  Trust  department  of  $100,000. 

4.  Trust  department  of  $50,000. 


Section 

5.  Trust  department  to  be  kept  separate. 

6.  Stockholders'  right  to  vote. 

7.  Repealing  clause;   act  takes  effect  on 

passage. 


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

Section  1.     The  Union  Trust  Company,  chartered  by  an  act 
approved  Julv  28,  1887,  being  chapter  215  of  the  Laws  of  1887,  and 

",  n      1        ,-1  -,    m         J     /~i  ij_j  Consolidation 

amendments  thereto,  and  the  Concord  Trust  Company,  chartered  authorized. 
by  an  act  approved  March  25,  1891,  being  chapter  218  of  the  Laws 
of  1891,  and  amendments  thereto,  are  hereby  authorized  to  con- 
solidate into  a  single  corporation  under  the  name  of  the  Union  Trust 
Company.  Such  consolidation  shall  be  effected  by  majority  vote 
of  each  corporation  to  accept  the  provisions  of  this  act  at  meetings 
duly  held  for  the  purpose ;  and  a  copy  of  such  votes  duly  attested 
by  the  clerk  of  each  corporation  shall  be  filed  with  the  secretary  of 
state  and  the  bank  commissioners.  Said  new  corporation,  except 
as  herein  otherwise  provided,  shall  have  all  the  rights,  powers  and 
privileges  and  be  subject  to  all  the  duties,  obligations  and  limita- 
tions which  are  provided  by  the  charters  of  said  corporations  or 
either  of  them  and  amendments  thereto  and  by  the  laws  of  this 
state. 

Sect.  2.  Said  new  corporation  may  continue  the  savings  bank 
business  heretofore  carried  on  by  the  existing  Union  Trust  Com- 
pany, subject  to  all  provisions  of  law  applicable  thereto  and  par- busines^sT 
ticularly  subject  to  the  requirements  for  the  maintenance  of  a 
guaranty  fund  of  ten  per  cent,  for  the  protection  of  general  de- 
positors. The  rights  of  special  depositors  to  such  guaranty  fund, 
including  the  right  to  vote  at  meetings  of  such  new  corporation, 
shall  not  be  affected  hereby. 

Sect.  3.  Said  corporation  by  majority  vote  at  an  annual  or 
special  meeting  duly  notified  for  that  purpose  may  establish  a  trust  ^^^^^  ^^  artment 
department  for  engaging  in  any  kind  of  business  authorized  by  with  capital  of 
the  charters  of  the  constituent  corporations  or  either  of  them,  in- 
cluding the  general  banking  business ;  but  it  shall  not  engage  in 
its  trust  department  in  the  general  banking  business  until  it  shall 
by  majority  vote  create  a  capital  stock  of  not  less  than  one  hundred 


Continuation  of 


970  Chapter  404.  [1913 

thousand  dollars  par  value  for  the  purpose  of  providing  funds  for 
such  trust  department ;  and  thereafter  by  like  vote  it  may  increase 
such  capital  stock  to  any  sum  not  exceeding  five  hundred  thousand 
dollars.  Said  capital  stock  shall  be  divided  into  shares  of  the  par 
value  of  one  hundred  dollars  each,  and  any  portion  thereof  not 
exceeding  one  half  at  any  time  outstanding,  may  be  made  pre- 
ferred as  to  dividends  and  in  liquidation  as  may  be  provided  in 
the  vote  authorizing  the  same.  The  special  deposits  to  the  guaranty 
fund  established  and  maintained  in  the  savings  department  may 
be  converted  into  stock  upon  such  terms  as  may  be  adopted  by 
majority  vote  of  the  corporation ;  but  no  portion  of  such  capital 
stock  shall  become  a  part  of  the  guaranty  fund  or  of  the  special 
deposits  to  the  guaranty  fund  or  shall  be  held  by  the  savings  de- 
partment. The  stockholders  shall  be  personally  liable  equally  and 
ratably,  but  not  one  for  another,  for  all  contracts,  debts  and  en- 
gagements of  the  corporation  in  its  trust  department  but  not  its 
savings  department  to  the  amount  of  their  stock  therein  at  the  par 
value  thereof  in  addition  to  the  amount  invested  in  such  shares. 
Nothing  contained  in  this  section  shall  limit  or  abridge  the  au- 
thority of  said  corporation  to  engage  in  the  other  kinds  of  business 
in  its  trust  department  under  the  conditions  provided  in  the  next 
section  of  this  act. 
Trust  department  Sect.  4.  Said  Corporation  may,  in  its  trust  department  es- 
^50,000^*  ^  '^  tablished  as  provided  in  the  preceding  section,  engage  in  any  kind 
of  business  authorized  by  the  charters  of  the  constituent  corpora- 
tions, or  either  of  them,  except  the  general  banking  business,  when- 
ever it  shall  by  majority  vote  create  a  capital  stock  of  not  less  than 
fifty  thousand  dollars  par  value  for  the  purpose  of  providing  funds 
for  such  trust  department.  Said  stock  shall  be  subject  to  the  same 
provisions  and  restrictions  as  are  expressed  in  section  3,  except 
that  the  first  fifty  thousand  dollars  at  par  of  such  stock  may  be 
preferred  as  to  dividends  not  exceeding  six  per  cent,  per  annum 
and  in  liquidation,  as  may  be  provided  in  the  vote  authorizing  its 
issue.  Said  stock  shall  be  sold  at  not  less  than  par  and  the  proceeds 
thereof  shall  be  invested  and  held  in  the  trust  department  for  the 
purposes  thereof. 
Trust  department  Sect,  5.  Whenever  said  corporation  shall  establish  a  trust  de- 
separat^^^*  partmcut  uudcr  the  provisions  of  either  or  both  the  preceding  sec- 

tions the  affairs  of  such  department  shall  be  kept  separate  from  the 
affairs  of  the  savings  department;  but  with  the  approval  of  the 
bank  commissioners  assets  may  be  transferred  from  one  department 
to  the  other  so  long  as  the  effect  thereof  shall  not  be  to  impair  the 
guaranty  fund  in  the  savings  department.  The  expenses  of  con- 
ducting business  in  the  two  departments  may  be  apportioned  by 


1913]  Chapter  405.  971 

vote  of  the  trustees.  In  case  of  the  liquidation  of  said  corporation, 
whether  voluntary  or  otherwise,  the  indebtedness  and  liabilities  in 
each  department  shall  be  satisfied  in  full  out  of  the  assets  in  such 
department  before  any  portion  of  such  assets  shall  be  employed  for 
satisfying  the  indebtedness  in  the  other  department ;  but  the  balance 
of  assets  remaining  in  each  department  after  satisfying  all  in- 
debtedness and  liabilities  therein,  shall  be  applied  to  satisfying  the 
remainder,  if  any,  of  the  indebtedness  in  the  other  department, 
before  any  portion  thereof  shall  be  distributed  to  stockholders  or 
special  depositors. 

Sect.  6.     The  holders  of  stock  of  said  corporation  shall  be  en-  stockholders'  right 
titled  at  its  meetings  to  one  vote  for  each  fifty  dollars  of  par  value  *°  ^°*®' 
of  stock  held  by  them. 

Sect.  7.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are  Repealing  clause; 
hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage.         ^^  pass^aglf^^''* 

[Approved  May  21,  1913.] 


CHAPTER  405. 


AN  ACT  IN  AMENDMENT  OP  AN  ACT  TO  ESTABLISH  WATER  WORKS  IN  THE 
TOWN  OF  PEMBROKE. 

Section  I   Section 

1.     Exemption  from  taxation.  '        2.     Takes  effect  on  passage. 

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

Section  1.     That  said  town  of  Pembroke  is  hereby  exempt  from  Exemption  from 
paying  any  tax  on  any  property  owned,  used  and  held  by  it  ex- 
•clusively  for  its  water  works,  wherever  the  same  is  situated. 

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

on   passage. 

[Approved  May  21,  1913.] 


3S 


972 


Chapters  406,  407. 


[1913 


CHAPTER  406. 

AN  ACT  GRANTING  PERMISSION  TO  ASQUAMCHUMEAUKE  CHAPTER  D.  A.  R. 
TO  PLACE  AND  MAINTAIN,  UPON  THE  GROUNDS  OF  THE  STATE  NORMAL 
SCHOOL  IN  PLYMOUTH,  A  MEMORIAL  TO  HOLMES  PLYMOUTH  ACADEMY 
AND  ITS  FOUNDER. 


Permission 
granted. 


Takes   eflfect 
on  passage. 


Section 

1.      Permission  granted. 


Section 

2.      Takes  effect  on  passage. 


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

Section  1.  Permission  is  hereby  given  to  Asquamehumeauke 
Chapter,  D.  A.  R.,  of  Plymouth  to  place  and  perpetually  maintain, 
free  of  rent  or  charge,  upon  the  grounds  of  the  State  Normal  school 
in  Plymouth,  in  such  location  as  the  trustees  of  said  school  and  the 
officers  of  said  chapter  shall  designate,  a  memorial  in  commemora- 
tion of  Holmes  Plymouth  academy  and  its  distinguished  founder, 
Colonel  Samuel  Holmes. 

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

[Approved  May  21,  1913.] 


CHAPTER  407. 


AN  ACT  TO  REPEAL  CHAPTER  2743,  SESSION  LAWS  OF  1863,  RELATING  TO 
THE  HOMESTEAD  OF  SIMON  SEAVEY. 


Section 

1.      Annexation  to  Bartlett  repealed. 


Section 

2.      Takes  effect  on  passage. 


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

Prior  act  repealed.      SECTION  1.     That  chapter  2743,  sessiou  Laws  of  1863,  is  hereby 

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

on   passage. 

[Approved  May  21,  1913.] 


1913]  Chapters  408,  409.  973 

CHAPTER  408. 

AN  ACT  LEGALIZING  THE  ACTION  OP  THE  SCHOOL  DISTRICT  IN  THE  TOWN 
OF   TUFTONBORO  FOR  THE  YEAR   1913. 

Sectiok  j   Section 

1.     Meeting  legalized.  '        2.     Takes  effect  on  passage. 

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

Section  1.     The  annual  meeting  of  the  school  district  in  the  town  Meeting  legalized. 
of  Tuftonboro,  held  in  the  year  1913  is  hereby  legalized  and  con- 
firmed, and  all  acts  and  proceedings  of  said  meeting  holden  in  said 
town  on  March  11,  1913  are  hereby  ratified,  legalized  and  con- 
firmed. 
'  Sect.  2.     This  act  shall  take  effect  upon  its  passage.  Takes  effect 

[Approved  May  21,  1913.] 


CHAPTER  409. 


an  act  to  LEGALIZE  THE  ACTION  OF  THE  TOWN  OP  ALTON  AT  A  MEETING 
HELD   MARCH    11,    1913. 

Section  I   Section 

1.      Meeting   legalized.  '        2.      Takes  effect  on  passage. 

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

Section  1.  The  action  of  the  legal  voters  of  the  town  of  Alton,  Meeting  legalized, 
at  the  annual  meeting  of  said  town  held  March  11,  1913,  whereby 
it  was  voted  to  pay  George  W.  Leavitt  the  sum  of  three  hundred 
dollars  to  compensate  him  for  extra  expense  incurred  in  reducing 
the  grade  and  straightening  the  highway  near  the  camp  ground  in 
said  town,  is  hereby  legalized. 

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

on   passage. 

[Approved  May  21,  1913.] 


974 


Chapter  410. 


[1913 


CHAPTER  410. 

AN  ACT  TO   PROVroE  FOR  THE   CHOICE  OF   ASSESSORS   IN   THE   TOWN   OF 

NEWPORT. 


Board  of  three 
assessors. 


Terms  of  office. 


Takes   effect 
on  adoption. 


Section 

1.  Board  of  three   assessors. 

2.  Terms  of  office. 


Section 

3.     Takes  effect  on  adoption. 


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

Section  1.  The  town  of  Newport  is  hereby  authorized  to  choose 
a  board  of  three  assessors  by  ballot  and  by  major  vote,  Avho  shall 
perform  all  the  duties  relative  to  taking  the  inventory  and  the 
appraisal  of  property  for  taxes  and  in  regard  to  the  assessment 
and  abatement  of  taxes  and  issuing  warrants  for  the  collection  of 
the  same,  as  are  now  or  may  hereafter  be  required  by  law  of  select- 
men and  assessors  of  towns,  and  shall  have  all  the  powers  and  be 
subject  to  the  same  liability  in  regard  to  these  duties  which  select- 
men and  assessors  in  towns  now  or  hereafter  may  have  or  may  be 
subject  to  in  regard  to  the  same,  providing,  however,  that  they  sliall 
not  have  authority  to  abate  taxes  under  section  12  and  13,  chapter 
59  of  the  Public  Statutes,  nor  because  of  inability  to  pay  the  same, 
such  authority  to  remain  vested  in  the  selectmen,  notwithstanding 
anything  contained  in  this  act. 

Sect.  2.  The  terms  of  the  assessors  first  chosen  after  the  passage 
of  this  act  shall  be  as  follows :  the  one  receiving  the  highest  num- 
ber of  votes  shall  serve  for  the  term  of  three  years,  the  second 
highest  for  two  years,  the  third  highest  for  one  year ;  and  there- 
after at  each  town  meeting  one  assessor  shall  be  chosen  for  the 
term  of  three  years. 

Sect.  3.  This  act  shall  take  effect  when  the  town  by  major  vote 
shall  adopt  the  same,  and  not  otherwise. 


[Approved  May  21,  1913. 


1913] 


Chapter  411, 


975 


CHAPTER  411. 

AN  ACT  RELATING  TO  THE  POWERS  AND  DUTIES  OF  THE  BOARD  OP  WATER 
COMMISSIONERS  OF  THE   CITY  OF   MANCHESTER. 


Section 

1.  May  pension  employees. 

2.  Amount   of   pension. 


Section 

3.  Eligibility. 

4.  Appropriations    authorized. 


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

Section  1.     The  board  of  water  commissioners  of  the  city  of  Man- ^*^y  Pension 

employees. 

Chester,  by  the  affirmative  vote  of  all  the  members,  may  at  his  own 
request  or  at  the  request  of  the  mayor  of  said  city,  retire  from 
service  for  one  year,  any  employee  of  the  w^ater  department,  who 
in  the  judgment  of  said  board  has  become  disabled  for  useful  ser- 
vice while  in  the  actual  performance  of  duty ;  or  any  employee  who 
has  reached  the  age  of  seventy  years  and  has  had  fifteen  consecutive 
years '  service ;  and  may  grant  a  pension  to  such  retired  employee 
for  a  period  not  exceeding  one  year  at  a  time.  No  such  employee 
shall  be  granted  a  pension  unless  it  shall  be  certified  to  the  board  of 
water  commissioners  in  writing  by  the  city  physician,  that  such 
employee  is  permanently  incapacitated  physically  from  performing 
his  duty  as  an  employee  of  the  department.  Consecutive  years 
under  the  term  of  this  section  shall  not  be  interpreted  to  disqualify 
those  candidates  for  pensions  Avho  may  have  been  laid  off  tempo- 
rarily from  work  by  the  board  of  water  commissioners  from  time 
to  time. 

Sect.  2.     No  pension  shall  be  granted  under  this  act  to  exceed  Amount  of 
more  than  one  half  the  total  amount  of  the  annual  compensation 
that  said  employee  was  receiving  at  the  time  retired,  and  payment 
of  same  shall  be  subject  to  the  rules  and  regulations  of  the  board  of 
water  commissioners. 

Sect.  3.     No  employee  of  the  water  department  shall  be  eligible  Eligibility. 
to  receive  a  pension  under  this  act  unless  he  is  in  the  employment 
of  the  water  department  at  the  time  he  makes  application  for  a 
pension,  and  is  a  citizen  of  Manchester. 

Sect.  4.     The  board  of  water  commissioners  of  the  city  of  Man-  Appropriations 
Chester,  may  from  time  to  time  appropriate  sufficient  money  to  ^^   "^'^^  ' 
carry  out  the  provisions  of  this  act. 


[Approved  May  21,  1913.] 


976 


Chapter  412. 


[1913 


CHAPTER  412. 


AN  ACT  IN   AMENDMENT  OP   CHAPTER   241   OF   THE   LAWS   OF    1909   RE- 
LATING TO  THE  BOARD  OF  REGISTRARS  OF  THE  CITY  OF  PORTSMOUTH. 


Present    board 
abolished. 

New  board  pro- 
vided for. 


Section 

1.  Present  board  abolished. 

2.  New  board  provided  for. 

3.  Provisional  board  named. 


Section 

4.  Compensation  of  members. 

5.  Repealing  clause;  act  takes  effect  on 

passage. 


Provisional  board 
named. 


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

Section  1.  The  present  board  of  registrars  of  the  city  of  Ports- 
mouth for  the  registration  of  voters  in  said  city  is  hereby  abolished. 

Sect.  2.  There  shall  be  chosen  at  the  biennial  election  in  No- 
vember, A.  D.  1914,  and  at  each  biennial  election  thereafter,  a  board 
of  registrars  of  voters  for  the  city  of  Portsmouth,  which  board 
shall  be  composed  of  seven  members,  apportioned  among  the  wards 
in  said  Portsmouth  as  follows :  In  ward  one,  two  members  of  said 
board,  who  shall  be  legal  voters  in  said  ward ;  in  ward  two,  two 
members,  who  shall  be  legal  voters  in  said  Avard ;  in  ward  three, 
one  member,  who  shall  be  a  legal  voter  in  said  ward ;  in  ward  four, 
one  member,  who  shall  be  a  legal  voter  in  said  ward ;  and  in  ward 
five,  one  member,  who  shall  be  a  legal  voter  in  said  ward ;  to  be 
chosen  by  the  voters  of  said  wards  by  a  plurality  vote;  and  the 
members  so  chosen  shall  continue  in  office  until  their  successors 
are  chosen  and  qualified.  Any  vacancy  occurring  in  said  board 
may  be  filled  by  the  remaining  members  by  their  appointing  under 
their  hands  some  person  who  is  a  legal  voter  in  the  ward  in  the 
membership  of  which  the  vacancy  happens. 

Sect.  3.  Chauncey  B.  Hoyt  and  Jeremiah  E.  Remick,  they  being 
legal  voters  in  ward  one  in  said  city ;  Thomas  J.  Donovan  and 
Charles  W.  Taylor,  Jr.,  they  being  legal  voters  in  ward  two  in 
said  city;  James  J.  McCabe,  he  being  a  legal  voter  in  ward  three 
in  said  city ;  Alphonso  B.  Spinney,  he  being  a  legal  voter  in  ward 
four  in  said  city ;  and  Jeremiah  F.  Horan,  he  being  a  legal  voter  in 
ward  five  in  said  city,  are  hereby  constituted  a  board  of  registra- 
tion of  voters  of  said  city,  for  the  purposes  of  making  and  posting 
the  list  of  voters  as  required  by  law  in  the  respective  wards  in  said 
city.  Said  board  shall  be  called,  Board  of  Registrars  of  Voters  for 
the  City  of  Portsmouth.  The  persons  above  named  shall  perform, 
until  their  successors  are  chosen  at  the  biennial  election  in  A.  D. 
1914,  and  have  qualified,  all  the  duties  imposed  by  this  or  any 
other  act  thereunto  appertaining,  upon  the  board  of  registrars 
of  voters  for  the  city  of  Portsmouth,  and  shall  enjoy  all  the  salary 
and  powers  of  said  board. 


1913]  Chapter  413.  977 

Sect.  4.  The  board  of  registrars  shall  choose  one  of  their  num-  Compensation  of 
ber  chairman,  and  one,  clerk.  The  clerk  shall  receive  the  sum  of 
fifty  dollars  in  full  for  his  services  at  the  biennial  election,  and 
the  sum  of  thirty-five  dollars  in  full  for  his  services  at  each  of  any 
other  elections;  and  each  member  shall  receive  the  sum  of  thirty- 
five  dollars  in  full  for  all  services  at  the  biennial  election,  and 
twenty  dollars  in  full  for  all  services  at  each  or  any  other  elec- 
tions. 

Sect.  5.     All  acts  and  parts  of  acts  inconsistent  with  the  pro- Repealing  clause; 
visions  of  this  act  are  hereby  repealed,  and  this  act  shall  take  effect  on  passage. 
on  its  passage. 

[Approved  May  21,  1913.] 


CHAPTER  413. 

AN  act  relating  TO  THE  SALARY  OF   THE  OVERSEER  OP   THE  POOR  OF 
THE    CITY   OF    MANCHESTER. 

Section  I    Section 

1.     To  be  fixed,  by  mayor  and  aldermen.    '         2.     Takes  effect  on  passage. 

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

Section  1.     The  salary  of  the  overseer  of  the  poor  of  the  city  To  be  fixed  by 

•^  .  ^  "^   mayor    and 

of  Manchester  shall  be  determined  and  fixed  by  the  board  of  mayor  aldermen. 
and  aldermen  of  said  city,  and  so  much  of  section  3,  chapter  291  of 
the  session  Laws  of  1909,  as  is  inconsistent  with  this  act  is  hereby 
repealed. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  '^^'^^^^  ^^«<=* 

^  ^  '^  on   passage. 

[Approved  May  21,  1913.] 


978 


Chapter  414. 
CHAPTER  414. 


[1913 


AN   ACT   TO    CHANGE   THE  WARD   LINES   IN   THE   CITY   OP    MANCHESTER. 

Section  Section 


Ward  limits 
defined. 


1.  Ward    limits    defined. 

2.  Representatives  to  general   court. 

3.  Officers  for  Ward  8,  how  chosen. 


4.  Present  ward  officers. 

5.  Takes  effect  on  passage;    application 

limited. 


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

Section  1.  The  ward  lines  of  the  city  of  Manchester  are  hereby 
reformed  and  the  said  city  divided  into  nine  wards,  which  shall  be 
constructed  as  follows : 

Ward  No.  1  shall  include  that  part  of  the  city  bounded  westerly 
by  the  Merrimack  river ;  southerly  by  the  center  line  of  Orange 
street  and  Orange  street  produced  easterly  to  the  Mammoth  road 
and  from  the  point  of  intersection  of  the  center  line  of  Orange 
street  with  the  center  line  of  Elm  street  southerly  to  the  center 
line  of  Kidder  street,  and  thence  by  the  center  line  of  Kidder  street 
and  Kidder  street  produced  to  the  Merrimack  river ;  easterly  by  the 
center  line  of  the  Mammoth  road  from  its  intersection  with  the 
center  line  of  Orange  street  produced  to  the  Hooksett  line ;  and 
northerly  by  the  Hooksett  line  from  the  point  of  intersection  of 
the  Mammoth  road  with  the  Hooksett  line  following  said  boundary 
line  to  its  intersection  with  the  Merrimack  river. 

Ward  No.  2  shall  include  all  that  part  of  the  city  bounded  north- 
erly by  the  southerly  boundary  line  of  Ward  No.  1 ;  easterly  by 
the  center  line  of  the  Mammoth  road  from  its  intersection  with  the 
center  line  of  Orange  street  produced  to  the  center  line  of  Concord 
street  produced ;  southerly  by  the  center  line  of  Concord  street  to 
the  center  line  of  Elm  street ;  thence  to  the  center  line  of  Water 
street  and  Water  street  produced  to  the  Merrimack  river ;  and 
westerly  by  the  Merrimack  river. 

Ward  No.  3  shall  include  that  part  of  the  city  bounded  northerly 
by  the  southerly  boundary  of  Ward  No.  2 ;  easterly  by  the  center  line 
of  the  Mammoth  road  from  its  intersection  with  the  center  line  of 
Concord  street  produced  to  the  center  line  of  Laurel  street  pro- 
duced; southerly  by  the  center  line  of  Laurel  street  and  Laurel 
street  produced  from  its  intersection  with  the  center  line  of  Mam- 
moth road  to  the  center  line  of  Chestnut  street  and  thence  northerly 
on  the  center  line  of  Chestnut  street  to  its  intersection  with  the 
center  line  of  Manchester  street ;  thence  westerly  by  the  center  line 
of  Manchester  street  to  the  center  line  of  Elm  street ;  thence  north- 
erly by  the  center  line  of  Elm  street  to  the  center  line  of  Market 
street  and  thence  westerly  by  the  center  line  of  Market  street  and 


1913]  Chapter  414.  ~  979 

Market  street  produced  to  the  Merrimack  river;  and  westerly  by 
the  Merrimack  river. 

Ward  No.  4  shall  include  that  part  of  the  city  bounded  northerly 
by  that  portion  of  the  southerly  boundary  line  of  Ward  3  west  of 
the  center  line  of  Beech  street ;  easterly  by  the  center  line  of  Beech 
street  from  its  intersection  with  the  center  line  of  Laurel  street  to 
the  center  line  of  Valley  street ;  southerly  by  the  center  line  of 
Valley  street  from  the  center  line  of  Beech  street  to  the  center  line 
of  Elm  street ;  thence  southerly  by  the  center  line  of  Elm  street 
to  its  intersection  with  Gove  street,  and  thence  by  the  center  line 
of  Gove  street  and  Cove  street  produced  to  the  Merrimack  river; 
and  westerly  by  the  Merrimack  river. 

Ward  No.  5  shall  include  all  that  part  of  the  city  lying  east  of 
the  Merrimack  river  not  included  in  Wards  Nos.  1,  2,  3  and  4  and 
north  of  the  center  line  of  Cove  street  produced  to  its  intersection 
with  the  Merrimack  river,  thence  easterly  on  the  center  line  of 
Cove  street  to  the  center  line  of  Elm  street,  thence  northerly  on 
the  center  line  of  Elm  street  to  the  center  line  of  Valley  street, 
thence  easterly  by  the  center  line  of  Valley  street  to  the  center  line 
of  Massabesic  street,  thence  by  the  center  line  of  Massabesic  street 
to  the  center  line  of  the  Mammoth  road,  thence  by  the  center  line 
of  the  Mammoth  road  to  the  center  line  of  the  Candia  road,  thence 
by  the  center  line  of  the  Candia  road  to  the  center  line  of  the  Holt 
road,  thence  by  the  center  line  of  the  Holt  road  to  the  center 
line  of  the  Lake  Shore  road,  and  from  the  point  of  intersection  of 
the  Holt  road  with  the  center  line  of  the  Lake  Shore  road  east  to 
the  Auburn  town  line. 

Ward. No.  6  shall  include  all  that  part  of  the  city  lying  easterly 
of  the  Merrimack  river  and  not  included  in  Wards  Nos.  1,  2,  3,  4 
and  5. 

Ward  No.  7  shall  include  all  that  part  of  the  city  west  of  the 
Merrimack  river  lying  southerly  of  the  center  line  of  Conant  street 
extended  from  the  Merrimack  river  to  the  Piscataquog  river  and 
thence  from  the  point  of  intersection  of  the  westerly  line  of  Conant 
street  extended  with  the  center  line  of  said  Piscataquog  river 
northwesterly  following  the  center  line  of  said  Piscataquog  river 
to  the  intersection  of  said  river  with  the  Goffstown  town  line. 

Ward  No.  8  shall  include  all  that  part  of  the  city  bounded  north- 
erly by  the  center  line  of  Wayne  street  extended  from  the  Merri- 
mack river  to  the  Piscataquog  river ;  easterly  by  the  Merrimack 
river ;  southerly  by  the  center  line  of  Conant  street  extended  from 
the  Merrimack  river  to  the  Piscataquog  river ;  and  westerly  by  the 
Piscataquog  river. 

.  Ward  No.  9  shall  include  all  tliat  part  of  the  city  lying  west  of 
the  Merrimack  river  not  included  in  wards  Nos.  7  and  8. 


980 


Chapter  414. 


[1913 


Representatives  to 
general  court. 


Officers  for 
Ward  8. 


Present  ward 
officers. 


Takes  effect  on 
passage;   applica- 
tion limited. 


Sect.  2.  The  number  of  representatives  to  the  general  court 
based  on  the  census  of  1910,  from  the  several  wards,  as  reformed, 
shall  be  as  follows: 

Ward  No.  1  shall  be  entitled  to  six  representatives. 

Ward  No.  2  shall  be  entitled  to  eight  representatives. 

Ward  No.  3  shall  be  entitled  to  seven  representatives. 

Ward  No.  4  shall  be  entitled  to  ten  representatives. 

Ward  No.  5  shall  be  entitled  to  six  representatives. 

Ward  No.  6  shall  be  entitled  to  six  representatives. 

Ward  No.  7  shall  be  entitled  to  six  representatives. 

Ward  No.  8  shall  be  entitled  to  four  representatives. 

Ward  No.  9  shall  be  entitled  to  six  representatives. 

Sect.  3.  The  necessary  ward  officers  for  the  conduct  of  any  elec- 
tions and  the  government  of  the  newly  created  Ward  No.  8  shall 
be  chosen  by  the  board  of  mayor  and  aldermen  of  the  city. 

Sect.  4.  The  ward  officers  of  former  Ward  No.  2  shall  continue 
to  act  as  ward  officers  of  Ward  No.  1  as  constituted  by  this  act, 
until  their  successors  are  elected  and  qualified.  The  ward  officers 
of  former  Ward  No.  3  shall  continue  to  act  as  ward  officers  of 
Ward  No.  2  as  constituted  by  this  act  until  their  successors  are 
elected  and  qualified.  The  ward  officers  of  former  Ward  No.  4 
shall  continue  to  act  as  ward  officers  of  Ward  No.  3  as  constituted  by 
this  act,  until  their  successors  are  elected  and  qualified.  The  Avard 
officers  of  former  Ward  5  shall  continue  to  act  as  ward  officers  of 
Ward  4  as  constituted  by  this  act,  until  their  successors  are  elected 
and  qualified.  The  ward  officers  of  former  Ward  No.  6  shall  con- 
tinue to  act  as  ward  officers  of  Ward  No.  5  as  constituted  by  this 
act  until  their  successors  are  elected  and  qualified.  The  ward 
officers  of  former  Ward  No.  10  shall  continue  to  act  as  ward  officers 
of  Ward  No.  6  as  constituted  by  this  act,  until  their  successors  are 
elected  and  qualified.  The  ward  officers  of  former  Ward  No.  8 
shall  continue  to  act  as  ward  officers  of  Ward  No.  7  as  constituted 
by  this  act,  until  their  successors  are  elected  and  qualified.  The 
ward  officers  of  former  Ward  No.  9  shall  continue  to  act  as  ward 
officers  of  Ward  No.  9  as  constituted  by  this  act,  until  their  suc- 
cessors are  elected  and  qualified. 

Sect.  5.  This  act  shall  take  effect  upon  its  passage,  but  it  is  not 
to  be  construed  as  affecting  any  officials,  state  or  city,  chosen  at  the 
general  election  of  1912,  and  all  acts  and  parts  of  acts  inconsistent 
with  this  act  are  hereby  repealed. 


[Approved  May  21.  1913.] 


1913] 


Chapter  415. 
CHAPTER  415. 


981 


AN  ACT  ENABLING  THE  GENERAL  CONFERENCE  OF  CONGREGATIONAL 
CHURCHES  OF  NEW  HAMPSHIRE  TO  BECOME  A  CORPORATION  WITH 
CERTAIN   POWERS. 


Section  I 

1.  Ma}'  become  body  corporate. 

2.  May  act  as  trustee. 

3.  Transfer    of   funds   authorized. 

4.  Right  to   hold  property. 

5.  General   corporate   powers. 


Section 

6.  Accounts,   how  to  be  kept. 

7.  Report  of  trustees,  etc. 

8.  Repealing  clause;   act  takes  effect  on 

passage. 


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

Section  1.  The  General  Conference  of  Congregational  Churches  May  become  body 
of  New  Hampshire,  a  voluntary  association  now  existing,  may 
accept  and  adopt  the  provisions  of  this  act  at  any  annual  meeting 
of  the  conference  held  within  seven  years  of  the  passage  of  the 
act  by  a  vote  of  two  thirds  of  the  members  present  and  voting, 
provided  that  special  notice  is  given  to  the  churches  entitled  to 
delegates  six  months  at  least  prior  to  said  annual  meeting  that  the 
subject  of  accepting  and  adopting  the  act  will  come  before  said 
meeting  for  consideration.  Upon  the  filing  with  the  secretary  of 
state  of  a  duly  authenticated  copy  of  such  vote  and  of  the  record  of 
the  meeting  showing  its  passage  aforesaid,  the  said  association  shall 
become  and  thereafter  be  a  body  corporate  by  the  name  of  The 
General  Conference  of  Congregational  Churches  of  New  Hamp- 
shire and  shall  have  and  enjoy  all  the  powers,  rights  and  privileges 
and  be  subject  to  all  the  liabilities  incident  to  corporations  of  a 
similar  nature,  and  by  that  name  may  contract,  sue  and  be  sued. 
The  following  are  some  of  the  special  objects  for  the  promotion  of 
which  the  creation  of  said  corporation  is  authorized :  Brotherly 
intercourse  and  harmony  among  the  Congregational  churches  of  the 
state ;  the  influence  and  usefulness  of  said  churches ;  the  collection 
and  dissemination  of  information  relating  to  said  churches  and 
their  activities ;  co-operation  with  similar  bodies  in  efforts  to  build 
up  the  cause  of  truth  and  holiness ;  home  and  other  missionary 
causes;  the  support  of  needy  ministers  of  the  Congregational  de- 
nomination who  are  disabled  by  sickness  or  age  from  active  work, 
and  of  needy  widows  and  childreir  of  deceased  ministers  of  said 
denomination ;  the  collection,  holding  and  appropriation  of  funds 
for  said  objects  or  any  of  them ;  and  generally,  the  cause  of  religion 
according  to  the  Congregational  tenets  and  policy.  The  members 
of  the  corporation  shall  be  the  delegates  duly  appointed,  from  time 
to  time,  by  the  Congregational  churches  of  the  state — the  delegates 


982  Chapter  415.  [1913 

of  each  church  together  to  be  entitled  to  one  vote  in  the  election  of 
officers  of  the  corporation,  and  in  the  decision  of  all  questions  com- 
ing before  the  corporation.  The  city  of  Concord  shall  be  considered 
the  place  in  which  its  business  is  carried  on,  but  it  may  hold  its 
meetings  in  any  city  or  town  in  the  state,  as  it  may  direct  from 
time  to  time. 

May  act  as  Sect.  2.     The  corporatiou  is  empowered  and  authorized  to  act  as 

trustee  of  any  funds  in  any  way  set  apart  for  the  promotion  of  any 
of  the  objects  aforesaid,  upon  appointment  by  the  courts  or  upon 
appointment  by  individuals  or  by  religious  societies;  and  no  bond 
shall  be  required  of  it  to  insure  the  faithful  performance  of  the 
trust,  provided,  however,  that  the  corporation  may  require  such 
of  its  officers  having  custody  of  its  funds,  whether  trust  or  other- 
wise, to  give  such  bonds  as  it  may  deem  reasonable. 

Transfer  of  funds  Sect.  3.  The  Ncw  Hampshire  Home  Mission?  ry  Society  and  the 
Trustees  of  the  Ministers  and  Widows  Charitable  Fund,  corpora- 
tions now  existing  by  law,  are  hereby  authorized,  with  the  consent 
and  approval  of  the  court  having  jurisdiction  of  such  questions,  to 
transfer  the  funds,  securities  and  property  held  in  trust  by  them 
respectively  to  the  corporatiou  hereby  created  to  be  thereafter  held 
by  it,  upon  the  same  trusts,  terms  and  conditions  that  they  were 
held  by  the  corporation  making  the  transfer,  and  said  latter  cor- 
poration may,  Avith  like  consent  and  approval,  be  thereupon  dis- 
solved. If  money  or  other  property  shall  be  donated,  devised  or 
bequeathed  to  the  New  Hampshire  Home  IMissionary  Society  or 
the  Trustees  of  the  Ministers  and  Widows  Charitable  Fund,  in  trust 
for  advancing  its  objects,  after  the  dissolution  of  the  corporation 
from  any  cause,  the  corporation  created  in  accordance  with  the 
provisions  of  this  act  shall  be  entitled  to  receive  and  hold  the  same, 
subject,  however,  to  the  terms,  conditions  and  trusts  imposed  by 
the  donor  or  testator. 

Right  to  hold  Sect.  4.     Said  corporation  is  authorized  and  empowered  to  re- 

roper  y.  ecive  and  hold  funds,  securities  and  property  to  an  amount  not 

exceeding  one  million  dollars. 

General  corporate      Sect.  5.     Said  Corporation  shall  have  the  power  and  authority 

powers.  .  ^  ^  _  •' 

granted  to  corporations  by  the  general  laws  of  this  state,  relating 
to  by-laws,  the  times  and  places  of  holding  meetings,  the  manner 
of  calling  and  conducting  the  same,  the  number  of  its  officers  and 
agents,  the  manner  of  choosing  them,  their  tenure  of  office,  their 
powers  and  duties,  and  all  other  matters;  provided,  hoivever,  that 
among  the  officers  there  shall  be  a  board  of  trustees,  consisting  of 
not  less  than  nine  nor  more  than  twenty-one  members,  who,  under 
—  the  general  direction  of  the  corporation,  shall  have  the  immediate 

charge,  control  and  management  of  all  the  financial  transactions 
of  the  corporation,  including  those  pertaining  to  its  trust  funds; 


1913] 


Chapter  416. 


983 


and  who  shall  be  elected  by  ballot  by  the  members  of  the  corpora- 
tion and  shall  hold  office  for  terms  as  prescribed  by  the  by-laws 
of  the  corporation.  Membership  of  the  corporation  shall  not  be 
necessary  to  render  persons  eligible  for  election  to  the  offices  of 
the  corporation  or  any  of  them. 

Sect.  6.  Said  corporation  shall  keep  upon  books  to  be  provided  Accounts,  how  to 
for  the  purpose,  separate  and  distinct  accounts,  showing  fully  and 
accuratel}'  the  receipts,  investments,  re-investments,  income  and  dis- 
bursements, pertaining  to  each  of  the  trusts  held  by  it,  which  books 
of  account  shall  be  open  and  subject  to  inspection  by  parties  in 
interest  and  by  the  attorney-general  of  the  state  and  his  servants 
and  agents,  at  all  reasonable  times. 

Sect.  7.  The  board  of  trustees  aforesaid  and  the  treasurer  shall  Reports. 
each  make  a  report  at  each  annual  meeting  of  the  corporation, 
showing  the  receipts  and  disbursements  during  the  year  just  passed, 
on  account  of  the  several  funds  held  by  the  corporation,  and  the 
present  condition  of  said  funds,  which  reports  shall  be  published 
for  the  information  of  the  public. 

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

[Approved  May  21,  1913.] 


CHAPTER  416. 


AN     ACT     TO     INCORPORATE     DISTRICT     LODGE     NO.     5     NORTHERN     NEW 
ENGLAND  ORDER  OF  VASA  OP  AMERICA,  IN  MANCHESTER,  N.  H. 


Section" 

1.  Corporation  constituted. 

2.  Right   to   hold  property. 

3.  By-laws,    etc. 


Section 

4.  First  meeting. 

5.  Subject   to   repeal. 

6.  Takes  effect  on  passage. 


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

Section  1.  That  William  S.  Westerdahl,  Charles  A.  Redman,  Corporation 
Claus  E.  Lagerquist,  Andrew  V.  Lundgren,  and  Carl  Ekholm,  all  *^°"^ '  ^  ^  ' 
of  Manchester,  their  associates  and  successors,  be  and  hereby  are 
made  a  body  politic  and  corporate  by  the  name  of  District  Lodge 
No.  5  Northern  New  England  Order  of  Vasa  of  America,  in  Man- 
chester, N.  H.,  for  social  and  benevolent  purposes,  and  to  provide, 
manage,  and  execute  a  fund  by  collecting  dues  from  its  members 
and  taxation  of  the  lodges  within  its  jurisdiction  for  the  purpose 
of  paying  death  benefits,  not  to  exceed  one  hundred  dollars,  to  the 


984 


Chapter  417. 


[1913- 


representatives,  or  stated  beneficiaries  of  those  of  its  members  who 
may  die ;  and  by  that  name  may  sue  and  be  sued,  prosecute  and 
defend  to  final  judgment  and  execution;  and  shall  be  and  hereby 
are  made  subject  to  all  the  liabilities  of  corporations  of  a  similar 
nature. 

Sect.  2.  Said  corporation  may  purchase,  take,  and  hold  by  deed, 
gift,  bequest,  devise,  or  otherwise,  real  and  personal  estate  for  the 
purposes  of  the  corporation,  to  an  amount  not  exceeding  five 
thousand  dollars,  and  may  improve,  sell,  and  convey,  or  otherwise 
dispose  of  same  at  pleasure. 

Sect.  3.  Said  corporation  may  enact  and  adopt  a  constitution 
and  by-laws,  not  inconsistent  with  the  laws  of  the  state  of  New 
Hampshire,  for  the  regulation  of  its  business;  and  said  fund  for 
the  payment  of  death  benefits  shall  be  accumulated  and  paid  in 
accordance  with  said  constitution  and  by-laws. 

Sect.  4.     The  first  three  persons  named  in  this  act  may  call  the 
first  meeting  of  said  corporation  by  giving  notice  to  each  of  the 
others  at  least  two  days  before  the  date  of  said  meeting. 
Subject  to  repeal.      Sect.  5.     The  legislature  may  alter  or  amend  this  act  whenever 
the  public  good  may  require. 

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


Right  to  hold 
property. 


By-laws,  etc. 


First  meeting. 


Takes  effect 
on  passage. 


[Approved  May  21,  1913. 


CHAPTER  417. 


AN  ACT  TO  AMEND  THE  CHARTER  OF  THE  CITY  OF  DOVER. 


Section 

1.  Divided  into  five  wards. 

2.  Ward   1. 

3.  Ward   2. 

4.  Ward   3. 


Section 

5.  Ward   4. 

6.  Ward   5. 

7.  Repealing   clause. 

8.  Takes   effect   on   passage. 


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


Divided    into 
five    wards. 


Ward  1. 


Ward  2. 


Section  1.  The  city  of  Dover  hereby  is  and  shall  continue  to  be 
divided  into  five  wards,  which  shall  be  constituted  as  follows  :— 

Sect.  2.  Ward  one  shall  include  all  the  territory  now  embraced 
in  said  ward  as  heretofore  established  by  act  of  June  session, 
A.  D.  1881,  entitled  ''An  Act  for  the  Revision  of  the  City  Charter 
of  the  City  of  Dover." 

Sect.  3.  Ward  two  shall  include  all  the  territory  now  em- 
braced  in   said   ward   as  heretofore   established  by   act   of   June 


1913]  Chapter  417.  985 

session,  A.  D.  1881,  entitled,  "An  Act  for  the  Revision  of  the  City 
Charter  of  the  City  of  Dover." 

Sect.  4.  The  dividing  line  between  wards  three  and  four  in  said  Ward  3. 
city  shall  hereafter  be  as  follows : — Commencing  at  the  line  sep- 
arating Dover  from  the  town  of  Madbury  at  a  point  where  said  line 
is  crossed  by  the  track  of  the  Boston  &  Maine  Railroad ;  thence 
running  by  said  railroad  track  to  the  center  of  the  bridge  where 
the  Littleworth  road  crosses  said  railroad;  thence  by  the  center 
of  said  Littleworth  road  to  Silver  street ;  thence  by  the  center  of 
Silver  street  to  Rutland  street ;  thence  by  the  center  of  Rutland 
street  to  Fisher  street ;  thence  by  the  center  of  Fisher  street  to 
Locust  street;  thence  by  the  center  of  Locust  street  to  Hale  street; 
thence  by  the  center  of  Hale  street  to  Central  avenue ;  thence  by 
the  center  of  Central  avenue  to  Orchard  street  to  Walnut  street; 
thence  by  Walnut  street  to  Waldron  street ;  thence  on  a  direct  line 
to  the  foot  of  Chestnut  street  at  the  division  line  between  wards 
one  and  two;  and  all  the  territory  in  said  city  lying  northerly 
or  northwesterly  of  the  above  described  line,  and  between  said  line 
and  the  boundaries  of  wards  one  and  two,  as  constituted  by  this 
act,  shall  be  included  in  and  constitute  ward  three  in  said  city. 

Sect.  5.  Ward  four  in  said  city  shall  contain  all  the  territory  ward  4. 
in  said  city  lying  southerly  of  the  Cocheco  river  not  included  in 
ward  three,  as  constituted  in  this  act,  excepting  that  part  included 
between  said  river  and  a  line  commencing  at  the  junction  of 
Cocheco  street  with  Rogers  street ;  thence  running  in  a  direct  line 
to  the  junction  of  Payne  street  with  the  lane  leading  to  the  Hale 
farm ;  thence  by  the  center  of  Payne  street  to  Central  avenue  to 
Orchard  street ;  thence  by  Orchard  street  to  Walnut  street ;  thence 
by  Walnut  street  to  Waldron  street ;  thence  to  the  northerly  side 
of  the  Cocheco  river  at  the  foot  of  Chestnut  street. 

Sect.  6.     Ward  five  in  said  city  shall  consist  of  and  include  all  ward  5. 
that  part  of  said  city  not  contained  within  wards  one,  two,  three 
and  four  as  herein  constituted  and  established. 

Sect.  7.     All  acts  and  parts  of  acts  in  the  charter  of  said  city  Repealing   clause, 
or  laws  of  the  state  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

Sect.   8.     This  act  shall  take  effect  and  be  in  force  upon  its  Takes  effect 

on    passage. 

passage. 

[Approved  May  21,  1913.] 


986 


Chapter   418. 


L1913 


CHAPTER  418. 

AN  ACT  RELATING  TO  THE  POWERS  AND  DUTIES  OF  THE  BOARD  OF  PUBLIC 
WORKS  OF  THE  CITY  OF  MANCHESTER. 


Section 

1.  May  pension  employees. 

2.  Amount   of  pension. 


Section 

3.  Eligibility. 

4.  Appropriations    authorized. 


May    pension 
employees. 


Amount    of 
pension. 


Eligibility. 


Appropriations 
authorized. 


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

Section  1.  The  board  of  public  works,  of  the  city  of  Manchester, 
by  the  affirmative  vote  of  all  the  members,  may  at  his  own  request 
or  at  the  request  of  the  mayor  of  said  city,  retire  from  service  for 
one  year,  any  employee  of  the  public  works  department,  who  in  the 
judgment  of  said  board  has  become  disabled  for  useful  service  while 
in  the  actual  performance  of  duty ;  or  any  employee  who  has 
reached  the  age  of  seventy  years  and  has  had  fifteen  consecutive 
years'  service;  and  may  grant  a  pension  to  such  retired  employee 
for  a  period  not  exceeding  one  year  at  a  time.  No  such  employee 
shall  be  granted  a  pension  unless  it  shall  be  certified  to  the  board 
of  public  works  in  writing  by  the  city  physician,  that  such  em- 
ployee is  permanently  incapacitated  physically  from  performing 
his  duty  as  an  employee  of  the  department.  Consecutive  years 
under  the  terms  of  this  section  shall  not  be  interpreted  to  disqualify 
those  candidates  for  pensions  who  may  have  been  laid  off  tempo- 
rarily from  work  by  the  board  of  public  works  from  time  to  time. 

Sect.  2.  No  pension  shall  be  granted  under  this  act  to  exceed 
more  than  one  half  the  total  amount  of  the  annual  compensation 
that  said  employee  was  receiving  at  the  time  retired,  and  payment 
of  same  shall  be  subject  to  the  rules  and  regulations  of  the  board  of 
public  works. 

Sect.  3.  No  employee  of  the  public  works  department  shall  be 
eligible  to  receive  a  pension  under  this  act  unless  he  is  in  the  em- 
ployment of  the  public  works  department  at  the  time  he  makes 
application  for  a  pension,  and  is  a  citizen  of  Manchester. 

Sect.  4.  The  common  council  of  the  city  of  Manchester,  may 
from  time  to  time  appropriate  sufficient  money  to  carry  out  the 
provisions  of  this  act. 


[Approved  May  21,  1913. 


1913] 


Uh AFTER    419. 

CHAPTER  419. 


9^87 


AN    ACT    IN    RELATION    TO    CONSTRUCTION    OF    SIDEWALKS    IN    THE    CITY 

OF  MANCHESTER. 


Section 

1.  City  may   construct  or  repair. 

2.  Assessment   of   abutters. 

3.  Maintenance. 


Section 

4.  Meaning   of   terms. 

5.  Takes  effect  on  passage. 


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

Section  1.     The  board  of  public  works  for  the  city  of  Manchester,  city  may  con- 
whenever  in  their  judgment  the  public  interest  requires,  shall  lay  ^  '^""^  ^^  repair, 
out   and   construct   sidewalks,   or   repair   sidewalks   already   con- 
structed, about  any  city  square  in  the  thickly  settled  part  of  the 
city  of  Manchester.     Such  sidewalks  shall  be  of  uniform  width  on 
the  same  street  and,  as  far  as  possible,  of  uniform  material. 

Sect.  2.     The  cost  of  such  construction  or  repair  may  be  assessed  Assessment  of 
upon  the  abutters  on  such  sidewalks  in  just  proportions,  not  ex-  *^^'"^^^- 
ceeding  one  half  the  expense  of  the  same,  and  all  assessments  so 
made  shall  constitute  a  lien  upon  the  abutting  premises  and  be 
collected  in  the  same  manner  as  taxes  on  real  estate ;  and  such  side- 
walks shall  afterwards  be  maintained  at  the  expense  of  the  city. 

Sect.  3.     After  such  sidewalks  are  so  constructed,  or  repaired.  Maintenance. 
they  shall  be  maintained  by  the  city  under  the  supervision  of  the 
board  of  public  works  who  may  give  such  instructions  to  the  city 
engineer  as  they  deem  necessary  for  this  purpose. 

Sect.  4.  A  city  square  for  the  purposes  of  this  act  shall  be  of  Meaning  of 
at  least  one  acre  in  extent  and  bounded  on  at  least  three  sides 
by  public  ways.  Thickly  settled  part  of  the  city  shall  mean  the 
territory  contiguous  to  any  way  w^hich  is  built  up  with  structures 
devoted  to  business,  or  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  more. 

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

on   passage. 


[Approved  May  21,  1913. 


988  Chapter  420.  [1913 

'  CHAPTER  420. 

AN  ACT  IN  AMENDMENT  OF  SECTION  2,  CHAPTER  163,  SESSION  LAWS  OF 
1878,  RELATING  TO  THE  TIME  OP  HOLDING  ELECTIONS  IN  THE  CITY  OF 
MANCHESTER. 


Section 

1.  City  elections,  when  to  be  held. 

2.  Election  of  school  board  excepted. 


Section 

3.     Takes  effect  on  passage. 


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

City  elections,  SECTION  1.     Amend  Said  section  so  that  as  amended  it  shall  read : 

when  to  be  held.  |-gj^^^_  3.]  The  biennial  meeting  of  the  inhabitants  of  said  city,  for 
the  choice  of  city  and  ward  officers,  shall  be  holden  on  the  Tuesday 
next  following  the  first  Monday  in  December,  1914;  and  all  city 
and  ward  officers  who  are  chosen  by  the  people  shall  be  chosen  by 
ballot,  and  shall  hold  their  respective  offices  for  one  year  from  the 
first  Tuesday  of  January  next  following,  and  until  others  are  chosen 
and  qualified  in  their  stead.  And  all  city  officers  appointed  by  the 
mayor  and  aldermen  or  elected  by  the  city  councils,  shall  hold  their 
respective  offices  for  the  term  aforesaid  and  until  others  are  chosen 
\  and  qualified  in  their  stead.    And  on  the  first  Tuesday  next  follow- 

ing the  first  Monday  in  November,  1915,  and  biennially  thereafter 
the  inhabitants  of  said  city,  for  the  choice  of  city  and  ward  officers, 
shall  choose  said  city  and  ward  officers  by  ballot,  and  said  city  and 
ward  officers  so  chosen  shall  hold  their  respective  offices  for  two 
years  from  the  first  Tuesday  of  January  next  following,  and  until 
others  are  chosen  and  qualified  in  their  stead. 

Election  of  school      Sect.  2.     Nothing  in  this  act  shall  be  construed  to  repeal  any  of 

excep  e  .     ^^^  provisious  of  an  act  in  amendment  of  section  3,  chapter  163, 

session  Laws  of  1878,  relating  to  the  election  of  members  of  the 

school  committee  in  the  city  of  IManchester,  which  was  approved 

March  26,  1913. 

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

on    passage. 

[Approved  May  21,  1913.] 


1913]  Chapter  421.  989 

CHAPTER  421. 

AN   ACT   IN   AMENDMENT  OP   SECTION   6,   CHAPTER  224,   LAWS  OF   1903, 
ESTABLISHING  A  VILLAGE  DISTRICT  IN  THE  TOWN  OF  LISBON. 

Section  I  Section 

1.     Board  of  health  provided  for.  '        2.     Takes  effect   on   passage. 

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

Section  1.     Amend  section  6,  chapter  224,  of  the  Laws  of  1903.  Board  of  health 

TT  1  T(>-i  •  ii?ii-  rm  •      provided  for. 

by  adding  at  the  end  oi  said  section  the  loliowmg:  Ihe  commis- 
sioners may,  if  they  think  proper,  appoint  not  exceeding  three  per- 
sons who  shall  constitute  a  board  of  health,  and  said  board  shall 
have  all  the  powers  conferred  upon  said  commissioners  by  chapter 
108  of  the  Public  Statutes,  and  by  section  10,  sub-division  13 
chapter  50  of  the  Public  Statutes,  subject  to  the  approval  of  said 
commissioners.  The  clerk  of  the  district  shall  forthwith,  after  any 
appointment  of  such  board  of  health,  report  the  names  and  post- 
office  addresses  of  any  members  so  appointed,  to  the  town  clerk, 
so  that  said  section  6  as  amended  shall  read  as  follows:  Sect.  6. 
The  commissioners  may,  if  they  think  proper,  appoint  a  chief 
engineer  and  two  assistant  engineers,  who  shall  perform  at  fires 
the  duties  now  devolving  upon  firewards,  or  fire  engineers.  The 
clerk  of  the  district  shall  forthwith,  after  any  election  of  firewards 
or  engineers,  report  their  names  and  post-office  addresses  to  the 
town  clerk.  The  commissioners  may,  if  they  think  proper,  appoint 
not  exceeding  three  persons  who  shall  constitute  a  board  of  health, 
and  said  board  shall  have  all  the  powers  conferred  upon  said  com- 
missioners by  chapter  108  of  the  Public  Statutes,  and  by  section  10, 
sub-division  13,  chapter  50  of  the  Public  Statutes,  subject  to  the 
approval  of  said  commissioners.  The  clerk  of  the  district  shall 
forthwith,  after  any  appointment  of  such  board  of  health,  report 
the  names  and  post-office  addresses  of  any  members  so  appointed, 
to  the  town  clerk. 

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

on   passage. 

[Approved  May  21,  1913.] 


990 


Chapters  422,  423. 


[1913 


CHAPTER  422. 

AN  ACT  TO  AMEND  SECTIONS  7  AND  8,  CHAPTER  321,  GENERAL  LAWS  OP 
NEW  HAMPSHIRE,  [LAWS  OF  1911,]  BEING  AN  ACT  TO  AUTHORIZE  THE 
TOWN  OP  ANTRIM  TO  ESTABLISH  AND  MAINTAIN  AN  ELECTRIC  LIGHT 
AND  POWER  PLANT  AND  FOR  LIGHTING  STREETS,  ETC. 


Section 

1.      Vote  required  to   raise  money. 


Section 

2.      Vote   required   to   adopt   act. 


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


Vote  to  raise 
money. 


Vote  to  adopt  act, 


Section  1.  By  inserting  in  section  7  the  word  present  after 
"voters"  making  same  read,  by  majority  of  the  legal  voters  present 
at  a  special  town  meeting. 

Sect.  2.  By  inserting  in  section  8  the  words  present  one  third  of 
the  legal  voters  of  the  town  voting  so  to  do  after  ' '  voters, ' '  making 
same  read,  or  at  a  special  meeting  called  for  the  purpose  when  a 
majority  of  the  legal  voters  present,  one  third  of  the  legal  voters 
of  the  town,  vote  so  to  do. 


[Approved  May  21,  1913. 


CHAPTER  423. 

AN  ACT  REPEALING  CHAPTER  223,  LAWS  OF  1903,  ENTITLED  "  AN  ACT 
IN  AMENDMENT  OP  THE  CHARTER  OF  THE  CITY  OF  DOVER,  CREATING 
A  BOARD  OF  STREET  AND  PARK  COMMISSIONERS  FOR  SAID  CITY "  AND 
RELATING   TO   THE  OFFICE   OF   STREET   COMMISSIONER. 


Prior   act 
repealed. 


Street  commis- 
sioner, election 
and  removal  of. 


Section 

1.  Prior   act   repealed. 

2.  Street  commissioner,  election  and  re- 

moval' of. 

3.  Powers  and  duties. 


Section 

4.  Appointment  of  assistants,   etc. 

5.  Annual   estimate   of   appropriations. 

6.  Bond  of  commissioner. 

7.  Takes  effect   November   23,    1913. 


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

Section  1.  Chapter  223,  Laws  of  1903,  entitled  "An  Act  in 
Amendment  of  the  Charter  of  the  City  of  Dover,  creating  a  Board 
of  Street  and  Park  Commissioners  for  the  City  of  Dover"  is  hereby 
repealed. 

Sect.  2.     There  shall  be  chosen  at  the  city  election  in  November, 
1913,  and  every  third  year  thereafter  a  street  commission  for  said 


1913]  Chapter  423.  991 

city  of  Dover,  who  shall  serve  a  term  of  three  years  from  January 
first  thereafter  and  until  his  successor  is  chosen  and  qualified ; 
provided  that  no  political  party  through  caucus,  primaries,  or  con- 
vention shall  nominate  a  candidate  for  said  office,  and  the  names  of 
candidates  for  the  office  of  street  commissioner  shall  appear  upon 
the  ballots  without  any  political  designation  whatsoever.  If  a 
vacancy  occurs  the  board  of  mayor  and  aldermen  of  said  city 
shall  appoint  some  competent  person  to  fill  said  vacancy  until  the 
city  election  in  November  following.  At  said  election  a  commis- 
sion shall  be  elected  to  serve  the  remainder  of  the  unexj^ired  term. 
The  board  of  mayor  and  aldermen  may  remove  any  commissioner 
at  any  time  for  dishonesty  or  incompetency,  after  due  notice  and 
a  public  hearing;  provided,  however,  that  no  street  commissioner 
shall  be  removed  except  upon  the  affirmative  vote  of  at  least  two 
thirds  of  all  the  board  of  mayor  and  aldermen  voting  yea  and  nays. 
Said  street  commissioner  shall  be  furnished  by  said  city  with 
a  suitable  office. 

Sect.  3.  Said  street  commissioner  shall  have  full  charge,  manage-  Powers  and 
ment  and  control  of  the  building,  constructing,  oiling,  sprinkling,  re- 
pairing and  maintaining  of  all  the  street  bridges,  highways,  lanes, 
alleys,  sidewalks,  public  sewers  and  drains,  and  the  public  parks, 
commons,  playgrounds,  city  farm  buildings,  gravel  banks  and  lands 
and  buildings  used  in  connection  therewith,  and  such  other  lands  as 
are  not  used  by  any  other  department  and  belonging  to  said  city 
of  Dover.  The  street  commissioner  shall  have  full  power  and 
authorit}'  to  purchase,  and  sell,  all  machinery,  horses,  materials, 
supplies,  and  other  things  that  in  his  judgment  are  necessary  for 
the  proper  maintenance  and  benefit  of  the  department;  and  shall 
have  the  expenditure  of  all  appropriations  which  said  councils  of 
said  city  shall  from  year  to  year  vote  for  such  purposes  and  all 
hills  for  expenditures  from  the  appropriations  voted  from  year  to 
year  by  the  said  councils  for  such  purposes  shall  be  approved  by  the 
said  street  commissioner  before  the  same  are  paid  by  the  city 
treasurer. 

Sect.  4.  Said  street  commissioner  shall  have  full  control  and  Appointment  &f 
management  of  the  work  of  said  department.  He  may  appoint  such 
necessary  assistants,  clerks,  bookkeepers,  timekeepers  and  foremen 
as  the  work  of  said  department  may  require.  He  may  employ  such 
laborers  as  may  be  necessary.  He  may  appoint  as  many  assistant 
surveyors  of  highways  as  may  be  necessary,  and  he  shall  fix  the 
compensation  of  all  such  subordinate  officers  and  employees  and 
may  remove  same  at  his  pleasure  and  make  such  rules  and  regula- 
tions for  their  government  and  for  the  control  and  management 
of  the  horses,  wagons,  tools,  buildings,  and  other  property  of  the 
city  in  said  department,  as  he  deems  advisable,  not  repugnant  to 
the  laM's  of  the  state. 


992 


Chapter  424. 


[1913 


Annual     estimate 
of    appropriations 


Bond   of 
commissioner. 


Takes   effect 
November  23, 
1913. 


Sect.  5.  Said  commissioner  shall  annually  in  the  month  of 
January  send  to  the  joint  standing  committee  on  finance  an  esti- 
mate of  the  appropriations  required  for  the  maintenance  of  the 
public  parks  and  commons  for  the  ensuing  year,  and  for  the  build- 
ing, constructing,  repairing  and  maintaining  of  the  streets,  high- 
ways, lanes,  alleys,  sidewalks,  public  sewers  and  drains  of  said  city 
for  the  ensuing  year ;  and  in  no  case  shall  the  expenditure,  for  any 
given  year  exceed  the  available  resources  of  the  department  repre- 
sented by  the  appropriations  specifically  provided  by  the  city 
councils  and  the  available  income ;  and  he  shall  make  a  detailed  re- 
port to  the  city  councils  of  the  doings  of  said  department  quarterly. 

Sect.  6.  Said  street  commissioners  shall  file  a  good  and  sufficient 
bond  in  such  sum  and  in  such  sureties  as  shall  be  approved  by  said 
board  of  mayor  and  aldermen,  and  shall  be  paid  for  his  services 
such  salary  as  the  said  mayor  and  board  of  aldermen  shall  fix. 

Sect.  7.     This  act,  shall  take  effect  November  23,  1913. 

[Approved  May  21,  1913.] 


CHAPTER  424. 


AN  ACT  IN  AMENDMENT  OP  SECTION  18,  CHAPTER  256,  LAWS  OF  1881, 
AS  AMENDED  BY  CHAPTER  170,  LAWS  OF  1889,  AS  AMENDED  BY  THE 
SESSION  LAWS  OF  1913,  ENTITLED  "  AN  ACT  TO  AMEND  THE  CHARTER 
OF  THE  CITY  OF  DOVER,  PROVIDING  FOR  ADDITIONAL  WATER  FACIL- 
ITIES. ' ' 


Section   1.      Acquisition  of  property  authorized. 

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


Acquisition  of 

property 

authorized. 


Section  1.  Amend  section  18,  chapter  256,  Laws  of  1881,  en- 
titled "An  Act  for  the  Revision  of  the  Charter  of  the  City  of 
Dover"  as  amended  by  chapter  170,  Laws  of  1889,  as  amended  by 
session  Laws  of  1913,  entitled  "An  Act  to  amend  the  Charter  of 
the  City  of  Dover,  providing  for  Additional  Water  Facilities"  by 
adding  after  the  word  "citizens"  in  the  third  line  of  said  section 
the  following:  of  said  city  and  the  town  of  Rollinsford,  so  that 
said  section  18  as  amended  shall  read  as  follows:  Sect.  18.  Said 
city  may  construct,  manage,  and  own  suitable  water  works  for  the 
purpose  of  introducing  an  adequate  supply  of  water  for  extinguish- 
ing fires,  for  the  use  of  citizens  of  said  city  and  the  town  of  Rollins- 


1913]  Chapter  425.  993 

ford  and  for  such  other  purposes  as  may  be  required  in  said  city ; 
and  for  that  purpose  may  take,  purchase,  and  hold  real  estate 
or  easements  therein  and  rights  of  water  for  said  works,  in  the 
city  of  Dover,  the  towns  of  Rollinsford,  Madbury,  Barrington  and 
the  city  of  Somersworth  and  erect,  construct  and  maintain  such 
dams,  reservoirs,  and  buildings,  in  said  cities  and  towns,  as  may 
be  necessary  for  such  water  works;  and  dig  ditches,  break  up 
ground,  and  place  and  maintain  pipes  for  conducting  water  wher- 
ever it  may  be  necessary  in  said  cities  and  towns,  including  the 
highways  and  streets  thereof,  and  relay  and  change  said  pipes  from 
time  to  time,  due  regard  being  paid  to  the  safety  of  the  citizens  and 
security  of  public  travel.  The  said  city  of  Dover  may  lay,  con- 
struct and  maintain  all  necessary  pipes  in  and  through  the  city  of 
Rochester,  for  the  purpose  of  conducting  water  from  the  said  towns 
of  Barrington  and  Madbury  to  the  said  city  of  Dover,  and  may  dig 
ditches,  break  up  ground  for  the  laying,  relaying,  and  maintaining 
of  said  pipe  or  pipes  whenever  the  same  may  become  necessary, 
including  the  highways  and  streets  of  said  city,  due  care  being  paid 
to  the  safety  of  citizens  and  the  security  of  public  travel. 

[Approved  May  21,  1913.] 


CHAPTER  425. 


AN  ACT  RELATING  TO  A  SPRINKLING  DISTRICT  IN  THE  CITY  OF  DOVER. 


Section 

1.  Sprinkling  precincts  authorized. 

2.  Apportionment   of  expense. 


Section 

3.     Repealing  clause;  act  takes  effect  on 
adoption. 


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

Section  1.  The  city  councils  of  said  city  of  Dover  are  hereby  sprinkling  pre- 
fully  empowered  and  authorized  by  ordinance  to  establish  from  ''"'''*^  authorized. 
time  to  time  within  the  limits  of  said  city  such  precinct  or  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  such 
precinct,  the  mayor  and  city  councils  of  said  city  may  cause  the 
streets  to  be  sprinkled  as  they  deem  necessary  for  the  public  con- 
venience 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,  .real  and  personal  estate  situate  within  said 


994 


Chapter!  426. 


[1913 


Apportionment  of 
expense. 


Repealing  clause; 
act    takes   effect 
on   adoption. 


precinct,  or  upon  the  abutting  property  in  such  manner  as  said 
city  councils  may  determine,  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  said  city  of  Dover  may  pay  a  proportionate  part 
of  the  expense  of  sprinkling  said  precincts  when  established,  as 
the  said  city  councils  may  deem  advisable,  not  exceeding  one  third 
part  thereof. 

Sect.  3.  All  acts  and  parts  of  acts  inconsistent  herewith  are 
hereby  repealed  and  this  act  shall  take  effect  when  adopted  by  said 
city  councils  of  said  city  of  Dover. 


[Approved  May  21,  1913.] 


CHAPTER  426. 


AN  ACT  TO  INCORPORATE  THE  PEOPLE  S  TRUST  COMPANY  OF   LEBANON, 

NEW  HAMPSHIRE. 


Corporation 
constituted. 


Capital  stock. 


Section 

1.  Corporation  constituted. 

2.  Capital  stock. 

3.  Taxation. 

4.  By-laws. 


Section 

5.  Individual    liability. 

6.  First  meeting. 

8  [7].      Subject  to  repeal. 

9  [8].     Takes  effect  on  passage. 


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

Section  1.  That  Thomas  P.  Waterman.  George  H.  Kibling, 
Charles  H.  Dana,  Jr.,  Charles  B.  Drake.  Harris  J.  Goss,  Ernest  D. 
Leavitt,  0.  N.  Campbell,  Joseph  G.  Smith,  Arthur  H.  Hough,  their 
associates,  successors  and  assigns,  be  and  they  are  hereby  incorpo- 
rated and  made  a  body  corporate  by  the  name  of  the  People's  Trust 
Company,  to  be  located  at  Lebanon,  in  this  state,  with  authority  to 
have  and  execute  all  the  poM^ers  and  privileges  incident  to  corpo- 
rations 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,  administrators,  or  others ;  to  act  as  trustee 
for  individuals  and  corporations,  and  officially,  under  judicial  ap- 
pointment by  the  courts  of  this  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. 

Sect.  2.  Said  company  shall  have  a  capital  stock  of  fifty  thou- 
sand    ($50,000)     dollars,    divided    into    shares    of    one    hundred 


1913] 


Chapter    427. 


995 


($100.00)  dollars  each,  with  authority  to  increase  the  capital  stock 
to  one  hundred  thousand  ($100,000)  dollars,  and  may  acquire,  and 
hold  real  estate  for  its  own  use  to  the  value  of  fifteen  thousand 
($15,000)  dollars  exclusive  of  such  real  estate  as  may  be  taken  in 
good  faith  for  debt  or  held  as  collateral  security. 

Sect.  3.     The  provisions  of  the  law  now,  or  hereafter  in  force.  Taxation, 
governing  the  taxation  of  bank  stock  and  deposits  in  savings  banks, 
on  which  interest  is  paid,  shall  apply  to  this  company. 

Sect.  4.     Said  company  at  any  meeting  duly  held,  may  adopt  By-laws. 
such  by-laws  and  regulations,  not  repugnant  to  the  laws  of  this 
state,  as  may  be  convenient  and  necessary  for  the  transaction  and 
the  proper  management  of  the  business  for  which  this  company  is 
created. 

Sect.  5.     The  stockholders  of  the  company  shall  be  personally  individual 
liable,  equally  and  ratably,  and  not  one  for  another,  for  all  con-  '^  '  '^^' 
tracts,  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. 

Sect.  6.  George  H.  Kibling,  Ernest  D.  Leavitt,  Arthur  H.  First  meeting. 
Hough,  or  any  two  of  them,  may  call  the  first  meeting  of  the 
members  by  personal  notice,  or  by  written  or  printed  notices  mailed 
to  each  corporator,  at  least  ten  days  before  the  day  of  meeting,  or 
by  a  notice  printed  in  some  newspaper  published  in  said  Lebanon 
at  least  ten  days  before  the  day  of  meeting. 

Sect.  8   [7].     The  legislature  may  alter,  amend,  or  repeal  this  subject  to  repeal 
act  whenever  in  its  opinion  the  public  good  requires  it. 

Sect.  9  [81.     This  act  shall  take  effect  upon  its  passage.  Takes  effect 

on    passage. 

[Approved  May  21,  1913.] 


CHAPTER  427. 


AN  ACT  TO  REVISE  THE  CHARTER  OF  THE  CITY  OF  NASHUA. 


PART   1. 


Section 

1.  Corporate  existence  continued. 

2.  Property   rights,    etc. 

3.  Division   into  wards. 

4.  Mayor    and   board   of    aldermen. 

5.  City  election,  when  held. 

6.  Nomination   and   election,   method   of. 

7.  Names  on  ballot,  how  printed. 

8.  Petition    for    nomination. 

9.  Citv  clerk  to  furnish  blanks. 


Section 

10.  Form   of  certificate. 

11.  Petitions,  when  to  be  presented. 

12.  Amendment  of  defective  petition. 

13.  Filing    of   petitions. 

14.  Acceptance  to  be  filed. 

15.  Form    of    acceptance. 

16.  Preservation    of   petitions,    etc. 

17.  Certified   list   of   candidates. 

18.  Ballots,   preparation    of. 


996 


Cu AFTER    427. 


[1913 


Section 

19.  Form  of  ballots. 

20.  Blank  spaces  on  ballots. 

21.  Order  of  names,  how  determined;   no 

political  designation. 

22.  Sample    ballots. 

23.  Ballots,    how    counted;    return,    how 

made ;  result,  how  determined  and 
declared. 

24.  Cost  of  special  elections,   how  met. 

25.  Meaning  of  "qualified  voter." 

26.  Recount  of  votes. 

27.  Vacancy     by     declination     or     death, 

how    filled. 

28.  City  ele3tions,  where  held. 

29.  Inspectors  of  checklists. 

30.  Powers    and    duties:     sessions,    when 

and  where  held. 

31.  General  conduct  of  elections. 

32.  Checklists,    posting   and   revision   of. 

33.  Board    of    education,    who   may   vote 

for;    who   eligible  for  election. 

34.  List  of  female  voters,  posting  and  re- 

vision   of. 

35.  Checklists  of  female  voters,  how  pre- 

pared,   etc. 

36.  Additional  sessions  of  inspectors. 

37.  General    provisions    applicable. 

38.  Penal  laws  applijable  to  females. 

39.  Ballots  for  board  of  education. 

40.  Officers  to  be  chosen  at  first  election. 

41.  Organization    of    board    of    aldermen, 

etc. 

42.  City  officers,  how  chosen. 

43.  Vacancy  in  office  of  mayor;    absence 

or  disability. 

44.  Vacancy    in    office    of    alderman ;    in 

other  offices. 

45.  General  powers  and  duties  of  mayor. 

46.  Mayor's    power    in    board    of    public 

works. 

47.  Veto  power  of  mayor. 

48.  Powers  of  board  of  aldermen. 

49.  Appointment    of    committees;    appro- 

priations, how  voted. 

50.  Finance    committee;     system    of    ac- 

counts. 

51.  Purchasing    agents. 

52.  Deposit   of   city   funds. 

53.  Overdrafts    and   transfers. 

54.  Audit  of  accounts. 

55.  Sinking   fund   committee. 

56.  Annual   budget    and   estimates:    fiscal 

year   fixed. 

57.  Removals  from   office. 

58.  Certain  offices  incompatible. 

59.  Board   of  public   works,   how   chosen. 

60.  Powers  and  duties  of  board. 

61.  Same    subject. 


Section 

62.  Appropriations   and   expenditures   for 

public  works. 

63.  Further  powers  and  duties  of  board. 

64.  Board  of  assessors,  how  chosen. 

65.  Organization   of  board. 

66.  Office  hours  of  clerk. 

67.  Meetings   of   board. 

68.  Chairman    to   have   vote. 

69.  Duties  of  clerk. 

70.  Assistant  assessors. 

71.  Records  open  to  inspection. 

72.  Expense  acjounts  of  board. 

73.  Board     of     fire     commissioners,     how 

chosen. 

74.  City   is   one   school   district. 

75.  Board  of  education,  how  chosen. 

76.  Organization  of  board. 

77.  Superintendent  of  schools. 

78.  Board  of  health,  how  chosen. 

79.  Powers   and   duties  of  board. 

80.  Health  officer. 

81.  Health  rules  and  regulations. 

82.  City  treasurer,  powers  and  duties  of. 

83.  His   books   open    to    inspection. 

84.  Reports  to  mayor  or  aldermen. 

85.  City  treasurer  to  give  bond. 

86.  City  clerk,  powers  and  duties  of. 

87.  Sundry  boards  and  officers  continued. 

88.  Police   court   continued. 

89.  Election  officers  subject  to  recall. 

90.  Recall,   form  of  petition  for. 

91.  Petition   to   be   certified;    amendment 

of   defective  petition. 

92.  New  election,  when  held. 

93.  Nominations,   how  made,    etc. 

94.  Effect  of  recall. 

95.  Restriction  upon  right  of  recall. 

96.  Disqualification    by    recall. 

97.  Meaning  of   "qualified  voter." 

98.  Initiative  petition. 

99.  Petition,  how  signed  and  filed. 

100.  Procedure      if     petition      signed     by 

twenty-five  per   cent,   of  last  vote. 

101.  If  signed  by  at  least  five  per  cent. 

102.  Popular  vote  on  measure  from  board 

of  education. 

103.  When  measures  in  conflict. 

104.  Form   of   enacting  clauses. 

105.  Sample  ballots. 

106.  Form  of  ballots. 

107.  Same  subject. 

108.  Information    and   arguments. 

109.  Vote     cast    by    women,     when     con- 

sidered. 

110.  Meaning    of    "qualified    voter." 

111.  Prior  provisions  saved  and  repealed; 

ordinances  to  be  revised. 

112.  Takes  effect,   when. 


1913] 


Chapter  427. 


997 


Section 

1.  Corporate  existence  continued:    prop- 

erty   rights,    etc. 

2.  Division   into  wards. 

3.  Ma.vor   and  cit.v  councils. 

4.  Cit.v   election,   when  held. 

5.  Existing  laws  applicable  to  first  elec- 

tion. 

6.  Cit.v    elections,    where   held. 

7.  Checklists,  posting  and  correction  of. 

8.  Elections,  by  whom  conducted;  hours 

for    voting. 

9.  City   clerk   to   prepare   ballots. 
Nominations,   how   made. 
Caucuses,   when  to  be  held. 
Plurality   vote  shall  nominate. 
Nomination  by  petition. 
Form  of  petition. 

Signatures  required  for  ward  officers. 
For  officers  elected   at  large. 
Petitions,    how    and    when    filed. 
Official    ward   ballots. 
Form    of   ballots,    sample   ballots,    etc. 
How  printed  and  marked. 
Inspection    of   ballots   cast. 
Preservation   of  ballots,    etc.;    return, 

how  made;   result,  how  declared. 
Supplementary    election    in    case    of 

tie  vote. 
Mayor,     aldermen,     and    councilmen, 

how  chosen. 
Organization  of  city  councils,  etc. 
Absence  or  disability  of  mayor. 
Vacancy     in     office     of    mayor,     how 

filled. 
General  powers  and  duties  of  mayor. 
Veto  power  of  mayor. 


10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 

23. 

24. 

25. 
26. 

27. 

28. 
29. 


Section 
30.      Salary  of  mayor. 

Appointment   of   committees. 

Certain  powers  of  mayor   abrogated. 

Presiding  officer  at  joint  meetings. 

Sundry  officers,  election  and  tenure 
of  office. 

Additional  duties  of  city  clerk. 

Board  of  public  works  commis- 
sioners, how  chosen ;  meaning  of 
terms ;  powers  and  duties. 

Board  of  police  commissioners,  how 
chosen;  powers  and  duties;  police 
force,   how  constituted. 

Board  of  fire  commissioners,  how 
chosen;  powers  and  duties;  fire  de- 
partment,   how    constituted. 

Board  of  sinking  fund  trustees,  how 
chosen  ;    duties. 

Purchasing  agent,  how  chosen ; 
duties. 

education. 


31. 
32. 
33. 
34. 

35. 
36. 


37. 


38. 


39. 


40. 


41. 

42. 

43. 
44. 

45. 
46. 

47. 
48. 


50. 
51. 


how     chosen ; 


Board    of 

duties. 
Board     of     assessors,     how     chosen ; 

duties. 
Board  of  health,  how  chosen:   duties. 
Compensation     of     city     officials     and 

employees. 
Recall,  how  exercised. 
Certain    offices    incompatible. 
Dealings  of  officials  restricted,  etc. 
Prior  provisions  saved  and  repealed; 

ordinances  to  be  revised. 
Present     incumbents     continued     in 

office. 
Takes   effect,    when. 
Same  subject. 


PART  3. 


Section 

1.  Act  to  be  submitted  to   voters. 

2.  City  clerk  to  prepare  ballot. 

3.  Questions  to  be  voted  upon. 

4.  Form   of  ballots. 

5.  Provision  for  submission  takes  effect 

on   passage. 


Section 

6.  Meetings,  how  warned. 

7.  Ballots,  preparation  and  distribution 

of;  conduct  of  election;  return, 
how  made ;  result,  how  declared ; 
provision    for   recount. 


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


PART  1. 

Section  1.     The  inhabitants  of  the  city  of  Nashua  shall  continue  Corporate 
to  be  a  body  politic  and  corporate  under  the  name  of  the  City  of  continued. 
Nashua,  and  as  such  shall  exercise  and  enjoy  all  the  rights,  im- 
munities, powers  and  privileges,  and  shall  be  subject  to  all  the 
duties  and  obligations  now  incumbent  on  or  pertaining  to  said  city 
as  a  municipal  corporation. 


998  Chapter  427.  .  [1913 

Property  rights,  Sect.  2.  All  existing  property  now  of  said  city  of  Nashua  shall 
be  and  remain  vested  in  said  city  under  the  provisions  of  this 
charter,  and  all  debts  and  obligations  of  said  city  shall  be  con- 
sidered and  shall  continue  for  all  purposes  to  be  the  debts  and 
obligations  of  said  city  of  Nashua  under  this  revised  charter. 

Sird'"°  ''^*o  Sect.  3.     The  city  shall  continue  to  be  divided  into  nine  wards 

as  at  present  constituted,  and  except  as  herein  otherwise  provided, 
the  general  laws  relative  to  wards  of  cities,  officers  thereof,  and 
voters,  checklists,  election  and  jurors  therein  shall  be  applicable 
to  such  wards. 

Mayor  and  board      Sect.  4.     The  administration  of  the  fiscal,  prudential,  municipal 

of    aldermen.  jii/v-pi-  ti 

and  other  aftan-s  of  the  city  and  the  government  thereof,  shall,  ex- 
cept as  herein  otherwise  provided,  be  vested  in  a  principal  officer 
to  be  called  the  mayor,  and  a  board  to  be  called  the  board  of 
aldermen.  The  board  of  aldermen  shall  consist  of  fifteen  aldermen, 
sitting  and  acting  together  as  a  single  body.  The  mayor  and  six 
aldermen  shall  be  chosen  by  the  qualified  voters  of  the  city  at  large, 
voting  in  their  respective  wards,  and  the  other  nine  aldermen  shall 
be  elected,  one  from  each  ward,  and  each  a  qualified  voter  in  his 
respective  ward,  by  the  qualified  voters  thereof.  The  board  of  alder- 
men shall  be  the  final  judge  of  the  election  and  qualification  of  its 
members.  The  board  of  aldermen  shall  choose  one  of  its  own 
members,  an  alderman-at-large,  as  president,  who  shall  be  its  pre- 
siding officer.  A  majority  of  said  board  shall  constitute  a  quorum 
for  the  transaction  of  business.  The  city  clerk  shall  act  as  clerk 
of  said  board. 

City   election,  Sect.  5.     All  city  and  ward  officers  who  are  to  be  elected  by  the 

legal  voters  of  the  city,  or  of  any  ward  therein,  except  moderators, 
ward  clerks,  selectmen  and  inspectors  of  checklists,  shall  be  chosen 
at  elections  hereinafter  called  municipal  elections,  to  be  holden  on 
the  first  Tuesday  following  the  first  Monday  of  December  in  the 
year  of  1914,  and  biennially  thereafter  on  the  first  Tuesday  fol- 
lowing the  first  Monday  in  December  beginning  in  the  year  of 
1915. 

Nomination  and  Sect.  6.  The  uiodc  of  nomination  and  election  of  all  elective 
officers  of  the  city  to  be  voted  for  at  any  municipal  election  shall 
be  as  provided  in  this  act  and  not  otherwise. 

Names  on  ballot.  Sect.  7.  The  name  of  the  candidate  shall  be  printed  upon  the 
ballot,  when  a  petition  of  nomination  shall  have  been  filed  in  his 
behalf,  in  the  manner  and  form  and  under  the  conditions  herein- 
after set  forth. 

Petition    for  Sect.  8.     The  petition  of  nomination  for  each  candidate  to  be 

nomination.  _.  ini-  ti  i  i  n  p  th     i 

voted  tor  at  large  shall  be  signed  by  not  less  than  fifty  qualinea 
voters  of  the  city,  and,  for  each  candidate  to  be  voted  for  from  a 
single  ward,  fifteen  qualified  voters  of  each  ward,  on  individual 
certificates  in  form  substantially  as  follows : 


1913]  '         Chapter  427.  999 

PETITION  OF  NOMINATION. 

INDIVIDUAL  CERTIFICATE. 

State  of  New  Hampshire,  County  of  Hillsborough,  ss. 

City  of  Nashua. 

I  do  hereby  petition  for  the  nomination  of  whose 

residence  is  at  No.  Street,  Nashua, 

for  the  office  of  to  be  voted  for  at  the 

municipal  election  to  be  held  in  the  city  of  Nashua,  on  the 
day  of  ,  19      ;  and  I  certify  that  I  am  qualified  to 

vote  for  a  candidate  for  said  office,  and  am  not  at  this  time  a  signer 
of  any  other  certificate  nominating  any  other  candidate  for  the 
above  named  office ;  that  my  residence  is  at  No.  Street, 

Nashua. 

(Signed) 

Witness : 
(Signed) 

Residence  of  witness : 

No.  Street,  Nashua. 

The  petition  of  nomination,  of  which  this  certificate  forms  a  part, 
shall,  if  found  insufficient,  be  returned  to  at 

No.  Street,  Nashua. 

Sect.  9.     It  shall  be  the  duty  of  the  city  clerk  to  furnish  upon  city  cierk  to 
application,  a  reasonable  number  of  forms  of  such  certificates,  and  ^'"""""^   blanks. 
of  acceptances  of  nomination. 

Sect.  10.  Each  certificate  shall  be  a  separate  paper.  All  cer-Form  of 
tificates  shall  be  of  uniform  size  as  determined  by  the  city  clerk.  <=^'*'fi<=^^^- 
Each  certificate  shall  contain  the  name  and  signature  of  one  signer 
thereof  and  no  more.  In  case  a  voter  has  signed  two  or  more  con- 
flicting petitions,  only  that  one  of  his  conflicting  signatures  which 
was  included  in  the  petition  first  presented  to  the  city  clerk,  as 
provided  in  the  following  section  of  this  act,  shall  be  valid.  Each 
witness  may  be  any  qualified  voter  of  Nashua  except  the  candidate 
named  in  the  certificate. 

Sect.  11.  Petitions  of  nomination  shall  be  presented  to  the  city  Petitions,  when  to 
clerk  not  earlier  than  thirty  nor  later  than  twenty  days  before  the  ^'^  p'"^^®"*®'*- 
election.  The  city  clerk  shall  endorse  on  each  petition  the  date  upon 
which  it  was  presented  to  him  and  by  whom  it  was  presented.  All 
papers  constituting  a  petition  of  nomination  shall  be  presented  to 
the  city  clerk  at  one  time,  except  as  is  provided  in  the  following 
section  of  this  act. 


1000 


Chapter  427. 


[1913 


Amendment    of 
defective    petition 


Filing   of 
petitions. 


Acceptance    to 
be  filed. 


Form    of 
acceptance. 


Sect.  12.  When  a  petition  of  nomination  is  presented  to  the  city 
■  clerk  for  filing,  he  shall  forthwith  examine  the  same  and  ascertain 
whether  it  conforms  to  the  provisions  of  this  act.  If  found  not  to 
conform  thereto,  he  shall  then  and  there  in  writing  on  said  petition 
state  the  reason  why  such  cannot  be  filed,  and  shall  within  three 
days  return  the  petition  to  the  person  named  therein  as  the  person 
to  whom  it  shall  be  returned.  The  petition  may  then  be  amended 
and  again,  but  not  later  than  three  days  after  said  petition  shall 
have  been  returned,  presented  to  the  city  clerk,  as  in  the  first 
instance.  The  city  clerk  shall  forthwith  proceed  to  examine  the 
amended  petition  as  hereinbefore  provided. 

Sect.  13.  If  either  the  original,  or  the  amended  petition  of 
nomination,  be  found  sufficiently  signed  and  witnessed  as  herein- 
before provided,  the  city  clerk  shall  file  the  same  forthwith:  pro- 
vided, that  no  petition,  amended,  or  otherwise,  shall  be  presented 
later  than  twenty  days  before  the  election. 

Sect.  14.  Any  person  nominated  under  this  article  shall  file  his 
acceptance,  his  signature  thereto  witnessed  by  a  qualified  voter  of 
Nashua,  with  the  city  clerk  not  later  than  twenty  days  before  the 
day  of  election,  and  in  the  absence  of  such  acceptance  the  name  of 
the  candidate  shall  not  appear  on  the  ballot. 

Sect.  15.  The  acceptance  mentioned  in  the  preceding  section 
shall  be  substantially  in  the  following  form : 


State  of  New  Hampshire,  Hillsborough,  ss. 

City  of  Nashua. 

I  having  heretofore  been  nominated 

for  the  office  of  in  the  city  of  Nashua,  to 

be  voted  for  at  the  municipal  election  to  be  held  in  said  city  on  the 

day  of  19        do  hereby 

accept  the  said  nomination,  and  I  hereby  declare  that  I  am  a  quali- 
fied voter  of  said  city,  that  my  residence  is  at  No. 
Street,  Nashua,  and  that  I  have  not  become,  and  am  not  a  candidate 
for  any  other  office  to  be  voted  for  at  said  election. 

(Signed) 

Witness : 
(Signed) 

Residence  of  Witness : 

No.  Street,  Nashua. 


Preservation   of 
petitions,     etc. 


Sect.  16.     The  city  clerk  shall  preserve  in  his  office  for  a  period 
of  four  years  from  the  time  of  the  respective  filing  of  the  same,  all 


1913]  Chapter  427.  1001 

petitions  of  nomination,  and  all  certificates,  acceptances,  and  memo- 
randa belonging  thereto,  filed  under  this  act,  but  shall  thereafter 
destroy  the  same. 

Sect.  17.  The  city  clerk  shall,  not  later  than  the  fifteenth  day  certified  list  of 
before  every  city  election,  certify  the  list  of  candidates,  with  their '^'"^  '  ^*®^' 
residences,  whose  names  are  entitled  to  appear  on  the  ballot,  as  being 
the  list  of  candidates  nominated  as  required  by  this  act,  together 
with  the  offices  for  which  they  are  respectively  candidates  at  such 
election,  designating  whether  such  election  is  for  a  full  or  for  an 
unexpired  term;  and  he  shall  file  in  his  office  said  certified  list  of 
names  and  offices,  and  he  shall  cause  to  be  published  before  such 
election,  in  two  successive  issues  of  at  least  one  newspaper  of  gen- 
eral circulation  published  in  the  city  of  Nashua,  or  in  any  different 
or  additional  manner  that  may  be  provided  by  ordinance,  an  elec- 
tion notice  which  shall  contain  said  certified  list  of  names  of  candi- 
dates and  offices  to  be  filled,  and  the  time  and  the  places  of  holding 
such  election. 

Sect.  18.  The  city  clerk  shall  cause  ballots  for  each  general  Ballots,  preparv 
and  special  municipal  election  to  be  prepared,  printed  and  authenti- 
cated as  provided  by  the  constitution  and  laws  of  the  state,  except 
as  is  otherwise  required  by  this  act.  The  ballots  shall  contain  the 
full  list  and  correct  names  of  all  the  offices  to  be  filled,  and  the 
names  and  residences,  of  all  the  candidates  nominated  respectively 
therefor,  except  as  provided  in  section  39. 

Sect.  19.     Except  that  the  crosses  here  shown  shall  be  omitted.  Form  of  baUota. 
and  that  in  place  of  the  names,  residences  and  offices  here  shown 
shall  be  substituted  the  names  and  residences  of  the  actual  candi- 
dates and  the  offices  for  which  they  are  respectively  nominated,  the 
ballots  shall  be  in  substantially  the  following  form : 

GENERAL  (OR  SPECIAL)  MUNICIPAL  ELECTION. 
CITY  OF  NASHUA. 

(Inserting  date  thereof.) 

Instructions, — To  vote  for  any  person,  make  a  cross  (X)  in  the 
square  in  the  appropriate  column  according  to  your  choice,  at  the 
right  of  the  name  voted  for. 

Vote  your  first  choice  in  the  first  column. 

Vote  your  second  choice  in  the  second  column. 

Vote  in  the  third  column  for  all  the  other  candidates  whom  you 
wish  to  support. 

Vote  only  one  first  choice  and  only  one  second  choice  for  any  one 
office,  except  where  two  or  more  persons  are  to  be  elected  to  the 
same  kind  of  office ;  vote  as  many  first  choices  and  also  as  many 


1002 


Chapter  427. 


[1913 


second  choices  as  there  are  persons  to  be  eh^cted  to  that  kind  of 
office. 

Do  not  vote  more  than  one  clioiee  for  one  person,  as  only  one 
choice  will  count  for  any  one  candidate  by  this  ballot. 

If  you  wrongly  nmrk.  tear,  or  deface  this  ballot,  return  it  and 
obtain  another. 


First    Second 
For  MAYOR                                                     | Choice]  Choice 

Other 
Choices 

Richard  Roe,  2  A  Street | 

X 

James  Hoe,  6  F  Street 1             1 

X 

John  Doe.  24  G  Street |     X     | 

Henrv  Poe,  8  L  Street | 

Louis  Coe,  4  B  Street |                   X 

For  BOARD  OF  EDUCATION 

First   Second 
Choice  Choice 

Other 
Choices 

Vote  for  four  (4)  First  Choices. 

Vote  for  four  (4)  Second  Choices,  if  the 
number  of  candidates  is  eight    (8)    or 
more,  but  if  less  than  eight,  for  all  in  ex- 
cess of  four. 

Vote  under  Other  Choices  for  all  other 
candidates  that  you  wish  to  support  and 
have   not   voted   for   under   First    and 
Second  Choices. 

Frank  Smith,  4  First  Street 

X 

Harrv  Jones,  6  Second  Street 

Fred  Brown,  8  Third  Street 

X 

Hiram  Black,  10  Fourth  Street 

X 

Robert  White,  5  Sixth  Street 

X 

Albert  Grav,  7  Eighth  Street 

X 

William  Green,  9  Ninth  Street 

X 

Samuel  Hill,  3  Tenth  Street 

X 

Enoch  Valley,  2  Eleventh  Street 

X 

James  Dale   1  Fifth  Street 

X    1 

1913]  Chapteb  427.  1003 

Sect.  20.     As  many  blank  spaces  as  there  are  persons  to  be  elected  Blank  spaces. 
shall  be  left  below  the  printed  names  of  the  candidates  for  each 
office  or  kind  of  office  to  be  voted  for,  wherein  the  voter  may  write 
the  names  and  residences  of  the  person  or  jjersons,  respectively,  for 
whom  he  may  wish  to  vote. 

Sect.  21.  The  names  and  residence  of  candidates  for  the  same  Order  of  names; 
office  shall  be  printed  on  the  ballot  in  the  order  in  which  they  may  designation. 
be  drawn  by  the  city  clerk,  whose  duty  it  shall  be  to  make  .such 
drawing  and  to  give  each  candidate  an  opportunity  to  be  present 
thereat  personally  or  by  one  representative.  Nothing  on  the  ballot 
shall  be  indicative  of  the  source  of  the  candidacy  or  of  the  support 
of  any  candidate.  Xo  ballot  shall  have  p»rinted  thereon  any  party 
or  political  designation  or  mark,  and  there  shall  not  be  appended 
to  the  name  of  any  candidate  any  such  party  or  political  designa- 
tion or  mark,  or  anything  indicating  his  \'iews  or  opinions.  There 
shall  also  appear  on  the  ballot  all  questions  required  by  law,  or  by 
this  act,  to  be  submitted  to  a  vote  of  the  qualified  voters  of  the  city. 

Sect.  22.     The  city  clerk  shall,  at  least  ten  days  before  the  elec- sample  ballots. 
tion,  cause  to  be  printed  a  sufficient  number  of  sample  ballots,  upon 
paper  of  different  color  but  otherwise  identical  vriih.  the  ballot  to 
be  u.sed  at  the  election,  and  shall  distribute  the  same  to  qualified 
voters  at  his  office. 

Sect.  23.  As  soon  as  the  polls  are  closed,  the  ward  officers  shall  Ballots,  how 
immediately  open  the  ballot  boxes,  take  therefrom  and  count  the  h^^*^  made rresuit, 
ballots  in  public  view,  and  enter  the  total  number  thereof  on  the  ^'^J  dfcUr'ed"^^* 
tally  sheet  pro\'ided  therefor  by  the  city  clerk.  They  shall  also 
carefully  enter  the  number  of  the  first-choice,  second-choice  and 
other-choice  votes  for  each  candidate  on  said  tally  sheet,  and  the 
ballots  and  tally  .sheets  u.sed  at  such  municipal  election  shall  be 
sealed  up  in  the  manner  provided  in  the  case  of  general  biennial 
elections,  and  returned  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  at  such  election,  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  municipal  election  to  the  board  of  aldermen, 
at  a  meeting  to  be  holden  at  seven  o'clock  in  the  afternoon  on  the 
Tuesday  next  following  such  election,  and  the  board  of  aldermen 
shall  canvass  the  returns  and  declare  the  result.  Such  declaration 
shall  be  duly  recorded  by  the  city  clerk,  and,  except  as  hereinafter 
provided,  shall  be  conclusive  as  to  the  right  of  the  persons  declared 
elected  to  hold  the  offices  to  which  they  are  so  declared  elected.  As 
to  the  first  election  to  be  held  under  this  act  on  the  first  Tuesdav 


1004  Chapter  427.  [1913 

following  the  first  Monday  of  December  in  the  year  1914,  the  board 
of  aldermen  and  common  council  of  the  city  then  in  office  shall 
receive  the  record  of  returns  of  that  municipal  election  on  the  date 
provided  for  in  this  act,  canvass  the  returns  and  declare  the  result. 
Only  one  vote  shall  be  counted  for  any  candidate  on  any  one  ballot, 
all  but  the  highest  in  the  order  of  preference  of  two  or  more  choices 
on  one  ballot  for  one  and  the  same  candidate  being  void.  If  two 
and  not  more  choices  for  any  one  office  are  voted  in  the  first-choice 
column  on  any  one  ballot,  they  shall  both  be  counted  as  second- 
choices,  and  all  other  choices  voted  on  that  ballot  for  that  office 
shall  be  counted  as  other-choices.  If  three  or  more  choices  for  any 
one  office  are  voted  in  the  first-choice  column  on  any  one  ballot,  all 
choices  voted  on  that  ballot  for  that  office  shall  be  counted  as  other- 
choices.  If  two  or  more  choices  for  any  one  office  are  voted  in  the 
second-choice  column  on  any  one  ballot,  they  shall  be  counted  as 
other-choices.  Except  as  hereinbefore  provided  all  choices  shall  be 
counted  as  marked  on  the  ballot.  The  person  receiving  a  majority, 
as  hereinafter  in  this  section  defined,  of  first-choice  votes  cast  at  an 
election  for  any  office  shall  be  elected  to  that  office :  provided,  that  if 
no  candidate  shall  receive  such  a  majority  of  the  first-choice  votes 
for  such  office,  then  a  canvass  shall  be  made  of  the  second-choice 
votes  received  by  each  candidate  for  the  office ;  said  second-choice 
votes  shall  then  be  added  to  the  first-choice  votes  received  by  each 
candidate  for  the  office,  and  the  candidate  receiving  the  largest 
number  of  said  first-choice  and  second-choice  votes  combined,  if 
such  votes  constitute  a  majority,  shall  be  elected  thereto ;  and  pro- 
vided, further,  that  if  no  candidate  shall  have  such  a  majority  after 
adding  the  first-choice  and  second-choice  votes,  then  a  canvass  shall 
be  made  of  the  other-choice  votes  received  by  each  candidate  for  the 
office ;  said  other-choice  votes  shall  then  be  added  to  the  first-choice 
and  the  second-choice  votes  received  by  each  candidate  for  the  office, 
and  the  candidate  having  the  largest  number  of  first-choice,  second- 
choice  and  other-choice  votes  combined  shall  be  elected  to  such 
office.  A  tie  between  two  or  more  candidates  shall  be  decided  in 
favor  of  the  one  having  the  largest  number  of  first-choice  votes.  If 
all  are  equal  in  that  respect,  then  the  candidate  having  the  largest 
number  of  second-choice  votes  shall  be  elected.  If  this  will  not 
decide,  then  the  result  shall  be  determined  by  lot  under  the  direc- 
tion of  the  city  clerk.  Whenever  the  word  "  majority ""  is  used  in 
this  section  it  shall  mean  more  than  one  half  of  the  total  number 
of  ballots  cast  for  the  office  in  question  cast  at  such  election,  and  in 
the  case  of  voting  where  more  than  one  person  is  to  be  chosen  for 
the  same  kind  of  office,  the  word  "ballots"  shall  mean  the  entire 
number  of  voters  who  shall  have  exercised  a  first-choice  in  votings 
for  that  kind  of  office. 


1913]  Chapter  427.  1005 

Sect.  24.  To  cover  the  cost  of  special  municipal  elections  pro-  Cost  of  special 
vided  for  in  this  act,  the  city  council  shall  appropriate  at  the  time 
of  issuing  the  warrants  for  such  elections  such  sums  as  are  neces- 
sary, the  same  to  be  taken  from  any  unexpended  balances  at  the 
end  of  the  fiscal  j^ear,  or  carried  forward  as  a  deficit  to  the  next 
year  and  then  cared  for  by  a  special  appropriation. 

Sect.  25.     The  term  "qualified  voter"  wherever  it  occurs  in  thif-  Meaning  of 
act  means  a  voter  qualified  by  law  to  vote  for  candidates  for  the 
office  named  in  the  petition  of  nomination  or  acceptance  of  nomina- 
tion in  which  their  names  occur,  except  that  witnesses  may  be  resi- 
dents of  any  part  of  the  city. 

Sect.  26.  Any  candidate  who  is  dissatisfied  with  the  return  of  the  Recount  of  votes, 
vote  at  any  municipal  election  may  have  a  recount  of  the  vote  cast 
at  such  election  for  the  office  for  which  he  was  a  candidate,  or  may 
contest  the  election  or  nomination  as  to  that  office  on  the  ground  of 
fraud  or  misconduct  in  relation  to  such  municipal  election,  by  noti- 
fying the  city  clerk  and  all  candidates  for  the  same  office  who 
were  returned  as  having  received  a  larger  number  of  votes  than 
himself  that  he  requests  such  recount  or  proposes  to  make  such  con- 
test by  notice  in  writing  left  at  the  office  of  the  city  clerk  and  de- 
livered in  hand  to  or  left  at  the  usual  place  of  abode  of  each  of  such 
other  candidates  at  least  forty-eight  hours  before  the  meeting  of  said 
city  council  in  1914,  and  at  least  forty-eight  hours  before  the  meet- 
ings of  the  board  of  aldermen  thereafter  in  subsequent  years  at 
which  the  returns  are  to  be  canvassed.  The  city  council  in  1914, 
and  in  subsequent  years  of  said  municipal  elections  the  board  of 
aldermen,  at  said  meeting,  or  at  an  adjourned  meeting  or  meet- 
ings specially  held  for  that  purpose  wdthin  one  week  thereafter, 
shall  thereupon  recount  the  ballots  in  the  presence  of  the  interested 
parties,  or  their  representatives,  or  shall  proceed  in  the  manner 
provided  as  to  contested  elections  of  mayor  by  Public  Statutes, 
chapter  47,  section  3.  the  provisions  of  that  section  being  hereby 
made  applicable  to  all  contests  of  any  such  municipal  election  so 
far  as  consistent  with  this  act.  The  said  city  council  at  the  first 
election  in  1914,  and  the  board  of  aldermen  thereafter  in  subse- 
quent years  of  said  elections,  shall,  not  later  than  the  second  Tues- 
day after  such  election,  declare  the  result  of  such  recount  or  contest, 
which  declaration  shall  be  duly  recorded  by  the  city  clerk  and  shall 
be  final  and  conclusive.  The  city  clerk  shall  retain  all  packages 
containing  ballots  returned  to  him  unopened  until  the  time  for  de- 
manding a  recount  or  contest  has  expired.  In  case  of  a  recount  or 
contest,  they  shall  be  produced  by  him  unopened  at  the  time  and 
place  of  such  recount  or  contest,  and  shall  be  opened  by  the  mayor 
in  the  presence  of  the  city  council  at  the  first  election  in  1914,  and 


1006 


Chapter  427, 


[1913 


Certain    vacancies 
how  filled. 


City    elections, 
where   held. 


Inspectors   of 
checklists. 


Powers   and 
duties;     sessions, 
when  and  where 
held. 


of  the  board  of  aldernieu  in  the  subsequent  years  of  said  municipal 
elections. 

Sect.  27.  In  case  any  officer  chosen  at  a  municipal  election  shall 
decline  the  office,  or  die  prior  to  the  first  secular  day  of  January 
next  following  his  election,  the  incoming  board  of  aldermen  shall 
fill  the  resulting  vacancy  at  its  first  meeting  in  the  manner  here- 
inafter provided  as  to  a  like  vacancy  occurring  after  its  inaugura- 
tion. 

Sect.  28.  The  municipal  elections  shall  be  holden  at  the  regular 
polling  place  in  each  ward,  or  if  there  be  no  such  regular  polling 
place,  at  a  suitable  place  in  the  ward  provided  and  equipped  for 
that  purpose  by  the  selectmen  of  the  ward  at  the  expense  of  the 
city. 

Sect.  29.  There  hereby  is  established  and  continued  in  said  city 
a  board  of  inspectors  of  checklists,  consisting  of  one  person  to 
be  chosen  by  each  ward  at  every  state  biennial  election,  who  shall 
hold  office  for  two  years,  from  the  first  secular  day  of  January  fol- 
lowing their  elections,  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  chairman  and  clerk 
from  their  own  number.  Said  inspectors  shall  for  all  general  bien- 
nial elections  prepare,  post  up,  revise  and  correct  checklists  in  the 
manner  in  which  checklists  are  by  law  required  to  be  prepared  for 
use  at  such  general  biennial  elections,  and  they  shall  deliver  an  at- 
tested copy  of  the  lists  of  voters,  so  prepared  and  corrected,  to  the 
clerks  of  the  respective  wards  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  numbered,  in 
which  the  said  voter  resides;  if  not  numbered,  then  such  descrip- 
tion as  shall  indicate  as  nearly  as  possible  the  residence  of  such 
voter. 

Sect.  30.  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  with  the  second  Monday 
next  preceding  any  election  day,  except  as  herein  otherwise  pro- 
vided. 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  afternoon  on  each 
of  said  days,  and  they  shall  hold  sessions  upon  the  Friday  and 


1913]  Chapter  427.  1007 

Saturday  next  preceding  election  days  from  seven  o'clock  in  the 
evening  until  nine  o'clock  in  the  evening.    Due  notice  of  such  ses- 
sion shall  be  given.    They  shall  conduct  their  hearings  according  to 
the  provisions  of  the  law  governing  supervisors  of  checklists  and 
be  subject  to  the  same  observances  and  penalties.     They  may  pre- 
scribe 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 
checklists,  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  in- 
spectors may  certify  the  same  to  the  moderators  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  checklist.     Any  vacancy  occurring  in  said  board  of  in- 
spectors, from  any  cause,  shall  be  filled  by  the  board  of  aldermen, 
by  electing  a  person  resident  in  the  ward  in  which  such  vacancy 
occurs,  by  a  majority  on  a  viva  voce  vote,  taken  on  a  roll  call.    All 
provisions  of  the  Public  Statutes  and  amendments  thereto  regarding 
the  preparation,  use  and  preservation  of  checklists  used  at  general 
biennial  elections  shall  apply  to  the  checklists  used  at  the  municipal 
elections,  except  as  otherwise  expressly  provided  herein.     No  per- 
son shall  be  entitled  to  vote  at  any  municipal  election  who  would 
not  be  entitled  to  vote  in  the  same  ward  at  the  general  biennial 
election  if  it  were  to  be  holden  on  the  same  date,  except  in  case  of 
female  voters  as  otherwise  provided  herein.    No  person  shall  be  con- 
sidered as  dwelling  or  having  his  home  in  said  city  for  the  purpose    . 
of  voting  or  being  voted  for  at  any  meeting  unless  he  shall  have 
resided  within  said  city  six  months  next  preceding  the  day  of  meet- 
ing: provided,  however,  that  any  legal  voter  moving  from  one  ward 
to  another  ward  in  said  city,  or  from  said  city  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  of  said 
city  from  which  he  removed,  if  prior  to  such  removal  he  shall  fil«5 
a  declaration  in  writing  with  the  city  clerk  that  he  intends  to  vote 
at  such  election  in  the  ward  from  which  he  removed. 

Sect.  31.     The  municipal  elections  shall  be  conducted  by  the  General  conduct 
regular  election  officer^  of  the  wards,  and  all  provisions  of  the  Public  "^  ^'^<="°°^- 
Statutes  and  amendments  thereto,  penal  or  otherwise,  relating  to 


1008 


Chapter  427. 


[1913 


Checklists,   posting 
and  revision    of. 


Board  of  educa- 
tion,   who    may 
vote   for ;    who 
eligible  for 
election. 


the  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,  except  in  so  far  as  they  are  modified  by  the  provisions  of 
this  act.  And  such  municipal  elections  shall  be  deemed  to  be 
elections  within  the  meaning  of  all  penal  statutes  relating  to  of- 
fenses against  the  purity  of  elections.  The  polls  shall  be  open  at 
each  municipal  election  from  six  o'clock  in  the  forenoon  to  three 
o'clock  in  the  afternoon  in  each  ward. 

Sect.  32.  The  checklists  used  at  every  general  biennial  election 
next  preceding  the  municipal  elections  to  be  held  under  this  act 
shall  be  posted  up  in  the  manner  in  which  checklists  are  by  law 
required  to  be  posted  for  use  at  such  general  biennial  elections, 
and  the  same  number  of  days  before  said  municipal  elections.  The 
said  board  of  inspectors  shall  be  in  session  at  the  city  hall  build- 
ing, or  at  such  other  suitable  place  as  they  shall  designate,  for  the 
purpose  of  revising  and  correcting  the  said  list  of  voters,  for  six 
consecutive  days  beginning  with  the  second  Monday  next  preceding 
each  municipal  election,  and  they  shall  deliver  an  attested  copy  of 
the  said  lists  of  voters,  so  prepared  and  corrected,  to  the  clerks  of 
the  respective  wards  before  the  time  for  opening  of  any  such 
meeting  of  the  voters ;  and  the  said  ward  clerks  shall  use  the  list  of 
voters,  prepared  and  corrected  as  aforesaid,  and  no  others,  except 
as  otherwise  provided  in  this  act  for  female  voters  at  municipal 
elections.  In  preparing  the  said  list  of  voters  said  inspectors  shall 
follow  the  foregoing  provisions  of  this  act  with  reference  to  general 
biennial  elections  in  the  matter  of  recording  the  first  name  of  each 
voter  in  full,  and  in  all  other  respects  shall  follow  the  provisions 
following  that  provision  in  section  29.  And  in  matter  of  the  hours 
of  holding  sessions,  and  times,  and  in  other  matters,  they  shall  pro- 
ceed and  act  as  provided  in  section  30  of  this  act,  beginning  with 
the  words  following,  namely:  "They  shall  hold  sessions  on  said 
days  as  follows. ' ' 

Sect.  33.  Any  person,  whether  male  or  female,  but  in  all  other 
respects  except  sex  qualified  to  vote  in  the  affairs  of  the  city  of 
Nashua,  may  vote  at  all  elections  for  the  choice  of  a  board  of  educa- 
tion of  said  city,  and  be  a  candidate  for  and  be  chosen  to  such 
membership  upon  receiving  the  necessary  number  of  votes  required 
for  election  upon  said  board ;  and  may  also  sign  an  initiative  peti- 
tion such  as  is  provided  for  hereafter  in  this  act  in  case  of  any 
measure  pertaining  to  the  affairs  under  said  board 's  administration, 
which  it,  after  this  act  takes  effect,  may  lawfully  pass,  and  vote 
upon  its  submission  to  a  vote  of  the  qualified  voters  of  the  city  for 
adoption  or  rejection  at  a  general  or  special  municipal  election  when 
such  measure  is  by  this  act  to  be  voted  upon. 


1913]  Chapter  427.  1009 

Sect.  34.  The  board  of  inspectors  of  checklists  of  said  city  shall  List  of  female 
prepare,  post  up,  revise  and  correct  an  alphabetical  list  of  the  Ind  "^rev^sfon^^of. 
females  who  are  legal  voters  in  each  ward  of  said  city  qualified 
under  this  act  to  vote  for  a  board  of  education  of  said  city,  in  the 
manner  selectmen  of  towns  are  required  to  do  in  the  case  of  males 
who  are  legal  voters  in  towns,  except  as  herein  otherwise  provided, 
and  they  shall  deliver  an  attested  copy  of  the  lists  of  such  female 
voters,  so  prepared  and  corrected,  to  the  clerks  of  the  respective 
wards  before  the  time  for  opening  of  any  meeting  of  the  voters; 
and  the  said  ward  clerks  shall  use  the  list  of  such  female  voters, 
prepared  and  corrected  as  aforesaid  in  the  case  of  females  voting 
for  said  board  of  education.  In  all  other  particulars  of  information 
requiretl  in  the  case  of  male  voters  in  said  city  as  to  checklists,  the 
same  shall  be  followed  as  to  said  checklists  of  females. 

Sect.  35.     For  the  purpose  of  preparing  said  checklists  of  female  Chppkiists  of 

p  J    .^        n      1  ••iij-  T        ji-  i         •!•       female  voters,  how 

voters  tor  use  at  the  nrst  municipal  election  under  this  act  said  m- prepared,  etc. 
spectors  shall  be  in  session  six  days  at  least,  beginning  at  a  secular 
day  at  least  sixty  days  before  the  day  of  said  first  municipal  elec- 
tion, at  the  city  hall  building,  or  at  such  other  place  as  they  shall 
designate,  within  six  months  next  preceding  the  day  of  election. 
Due  notice  of  such  sessions  shall  be  given.  The  inspectors  shall  hear 
all  applications  for  insertion  and  registration  of  any  name  of  said 
females,  so  entitled  to  vote  upon  said  list,  or  the  erasure  therefrom 
of  any  name  once  placed  thereon,  and  may  examine  the  party  or 
any  witness  thereto  upon  oath,  which  may  be  administered  by  any 
member  of  the  board.  They  shall  insert  the  name  of  every  such 
female  who  is  made  a  legal  voter  to  vote  for  said  board  of  educa- 
tion, and  erase  the  name  of  every  person  not  such  legal  voter.  All 
other  provisions  of  this  act  relating  to  securing  order,  the  right  of 
each  person  to  be  heard,  relating  to  a  session  on  the  day  of  election, 
to  omissions  from  the  checklists  of  any  legal  voter,  in  the  case  of 
male  voters  at  said  elections,  shall  apply  to  the  duty  of  said  in- 
spectors with  reference  to  said  female  voters.  All  laws  relating  to 
moderators,  selectmen,  ward  clerk,  or  any  other  person  altering  any 
checklist  of  male  voters,  shall  apply  in  the  case  of  checklists  of  such 
female  voters,  as  shall  also  all  fines  and  penalties  in  such  cases. 
Whatever  may  be  the  duties  of  ward  or  city  officers  in  the  conduct 
of  municipal  elections  of  male  voters  shall  also  be  their  duties  in 
the  conduct  of  elections  of  the  board  of  education,  with  reference 
to  female  voters,  unless  otherwise  herein  provided,  and  for  a  viola- 
tion of  such  duties  like  penalties  or  fines  shall  apply.  The  inspectors 
of  checklists  shall  not  be  required  to  prepare  such  checklists  of 
said  female  voters  other  than  from  information  furnished  and 
derived  at  said  sessions  for  registration  of  such  female  voters. 
After  said  first  municipal  election,  copies  of  the  checklists,  as  revised 


1010  Chapter  427.  [1913 

and  corrected  and  used  at  said  election  in  the  case  of  female  voters, 
shall  be  posted  for  the  next  municipal  election  in  the  same  manner 
checklists  of  male  voters  are  by  law  required  to  be  posted  before 
municipal  elections  in  said  city,  and  the  same  shall  thereafter  be 
revised  and  corrected  in  like  manner  for  use  at  said  election.  And 
at  all  subsequent  municipal  elections  copies  of  the  checklists  of 
female  voters  used  at  the  next  preceding  municipal  election,  as 
revised,  corrected  and  used  thereat,  shall  be  posted  in  the  same 
manner  as  checklists  of  male  voters  at  said  elections  are  required  to 
be  posted  before  said  elections,  and  the  same  thereafter  and  before 
the  day  of  election  shall  be  revised  and  corrected  for  use  at  said 
elections. 
Additional  ses-  Sect.  36.     The  city  councils  of  said  city  prior  to  said  first  munici- 

sions  of   in-  t       t         •  •       -,     i  a  •  '  • 

specters.  pal  clcctiou  in  1914  are  authorized  to  provide  by  ordinance  for 

further  sessions  of  said  inspectors  for  the  preparation  of  said  cheek- 
lists  of  female  voters  to  be  used  at  said  election,  if  by  them  deemed 
necessary,  and  thereafter  the  board  of  aldermen  provided  for  by 
this  act  shall  have  authority,  in  the  case  of  the  preparation  of  said 
checklists  of  female  voters  for  use  at  subsequent  elections,  to  pro- 
vide by  ordinance  for  other  sessions  of  said  inspectors  than  those 
provided  for  in  this  act,  if  deemed  by  them  necessar^^,  and  to  pro- 
vide a  suitable  compensation  for  all  services  of  said  inspectors. 

General  provisions     Sect.  37.     The  laws  applicable  to  said  city  relating  to  sessions 

app  ica  e.  ^^  ^^^^  board  of  inspectors  for  the  purpose  of  revising  and  correct- 

ing the  lists  of  male  voters  shall  be  in  force  and  apply  to  the  re- 
vising and  correcting  said  lists  of  female  voters,  excepting  that 
said  board  of  inspectors  may  appoint  different  days  or  hours  from 
those  appointed  for  the  revision  and  correction  of  the  checklists 
of  male  voters,  but  as  near  to  the  dates  of  their  other  dates  of  per- 
forming their  similar  duties  in  case  of  male  voters  as  practicable. 

Penal  laws  ap-         Sect.  38.     All  laws  of  the  State  providing  fines  or  penalties  for 

plicable  to  females.  •  i  •  j  i  p  ,^ 

any  person  procuring  his  own  name  or  the  name  oi  any  other  per- 
son to  be  illegally  placed  upon  the  checklist  by  false  representation 
shall  apply  to  females  the  same  as  to  males  in  the  case  of  such  check- 
lists, and  all  laws  of  the  state,  providing  fines  or  penalties  for  illegal 
voting  in  municipal  elections  or  in  school  districts  in  towns  shall 
apply  to  voting  on  the  part  of  females  at  such  city  elections,  and  the 
Public  Statutes  of  the  state,  chapter  39,  and  all  acts  in  amendment 
thereof,  to  secure  the  purity  of  elections  shall  apply  to  elections  in 
said  city  with  reference  to  female  voters  and  votes  the  same  as  to 
males ;  and  all  laws  of  the  state  relating  to  bribery  at  elections,  and 
particularly  chapter  99  of  the  session  Laws  of  1911,  shall  apply  to 
females  in  elections  in  said  city  of  members  of  the  board  of  educa- 
tion the  same  as  to  males. 


1913]  Chapter  427.  1011 

Sect.  39.  Ballots  for  such  board  of  education  shall  be  separate  Ballots  for  board 
from  the  usual  ballots  used  at  city  elections,  but  the  manner  of 
indicating  the  choice  or  wish  of  the  voter  upon  the  ballot  shall  be 
the  same  as  that  provided  for  the  choice  of  other  officers,  and  the 
voting  shall  be  as  conducted  for  other  municipal  elections,  except 
that  the  board  of  aldermen  are  authorized  to  prepare  separate  \ 

booths  for  said  female  voters  if  they  deem  it  necessary.  The  noniii- 
nation  of  candidates  for  said  board  of  education  may  be  partici- 
pated in  by  said  female  voters  upon  petitions,  in  common  with 
the  male  voters,  and  in  determining  the  requisite  number  upon 
petitions  of  nomination  of  candidates  such  female  voters  shall  be 
counted  with  the  male  voters.  Ballots  shall  be  prepared  and  fur- 
nished for  said  female  voters  by  the  same  officer  as  for  the  male 
voters,  and  at  the  expense  of  the  city,  and  sample  ballots  shall  be 
prepared  and  furnished  for  said  female  voters,  whenever  required 
in  this  charter  for  male  voters.  Ballots  for  the  board  of  education 
of  both  male  and  female  voters,  shall  be  printed  on  a  diiferent 
colored  paper  from  the  ballots  used  for  the  choice  of  other  city 
officers  chosen  at  municipal  elections. 

Sect.  40.     At  such  first  municipal  election  there  shall  be  chosen  officers  to  be 

,  n  ■,  J  f.  11 'i     chosen   at  first 

a  mayor  to  serve  tor  one  year,  one  alderman  irom  each  ward  to  election. 
serve  one  year,  and  six  aldermen-at-large,  of  whom  the  three  candi- 
dates receiving  the  three  highest  preferences  shall  serve  for  three 
years  and  the  three  next  highest,  for  one  year.  At  each  succeeding 
municipal  election  there  shall  be  chosen  a  mayor  to  serve  for  two 
years,  one  alderman  from  each  ward  to  serve  for  two  years,  and 
three  aldermen-at-large  to  serve  for  four  years.  The  mayor  and 
aldermen  so  chosen  shall  hold  their  respective  offices  from  the  first 
secular  day  of  January  next  following  their  election,  for  the  terms 
above  specified  and  until  their  successors  are  chosen  and  qualified. 

Sect.  41.  The  board  of  aldermen  so  chosen  shall  meet  at  ten  Organization  of 
o'clock  in  the  forenoon  on  the  first  secular  day  of  January  next  men,  etc. 
following  their  election,  in  their  capacity  as  the  board  of  aldermen, 
for  the  purpose  of  taking  their  respective  oaths  of  office,  organiz- 
ing, adopting  rules  for  the  transaction  of  business  by  such  board, 
electing  such  officers  as  are  by  law  or  ordinance  required  to  be 
elected  and  transacting  any  other  business  required  by  law  or 
ordinance  to  be  transacted  at  such  meeting.  The  mayor,  members 
of  the  board  of  education,  board  of  assessors,  board  of  inspectors 
of  checklist,  board  of  public  works,  board  of  fire  commissioners,  and 
all  other  officers  who  are  required  to  take  an  oath  of  office  shall 
meet  in  convention  with  the  board  of  aldermen  at  said  time  and 
take  their  respective  oaths  of  office. 

Sect.  42.     The  board  of  aldermen  shall  elect  by  viva  voce  and  city  officers, 
major  vote  on  roll  call  a  city  clerk  and  overseer  of  the  poor  who 


1012  Chapter  427.  [1913 

shall  be  one  and  the  same  person,  city  treasurer  and  collector  of 
taxes,  who  shall  be  one  and  the  same  person,  city  physician,  city 
solicitor,  and  board  of  health.  In  all  other  eases  offices  shall  be 
filled  by  appointment  of  the  mayor,  subject  to  confirmation  by  said 
board,  except  the  city  messenger,  who  shall  be  chosen  and  appointed 
by  the  mayor,  unless  otherwise  provided  for  in  this  charter.  All 
vacancies  occurring  in  such  offices  shall  be  filled  in  the  same  manner. 
The  board  of  aldermen  may  by  ordinance  prescribe  the  time  for 
choosing  or  appointing  all  officers  to  be  chosen  by  it,  or  by  the 
mayor,  and  fix  their  compensation  and  terms  of  office,  but  not 
exceeding  two  years.  Nevertheless,  the  officers  so  to  be  chosen  by 
the  board  of  aldermen  or  mayor  on  the  first  secular  day  of  Jan- 
uary, 1915,  shall  hold  their  offices  for  only  one  year  and  until  their 
respective  successors  are  chosen  and  qualified.  In  all  cases  where 
salaries  or  wages  for  services  are  paid  from  the  municipal  treasury, 
the  compensation  shall  be  determined  by  the  board  of  aldermen 
upon  recommendation  of  the  several  departments,  excepting  those 
employed  in  connection  with  the  schools. 
Vacancy  in  office  Sect.  43.  In  case  a  vacancy  occurs  in  the  office  of  mayor  T)y 
or  disability-  death,  resignation,  or  otherwise,  the  board  of  aldermen  shall  choose 
one  of  the  aldermen-at-large  mayor  for  the  residue  of  the  unex- 
pired term ;  and  the  person  so  chosen  shall  have  the  same  powers 
and  duties  in  all  respects  as  if  elected  mayor  by  the  people,  and 
upon  his  qualifying  as  mayor,  his  office  as  alderman  shall  be  deemed 
vacant.  In  the  event  of  the  mayor's  absence  from  the  city,  or  dis- 
ability from  sickness  or  other  cause  for  such  length  of  time  as,  in 
the  judgment  of  the  board  of  aldermen,  render  such  action  neces- 
sary, such  board  may  choose  one  of  the  aldermen-at-large  acting 
mayor ;  and  the  person  so  chosen  shall  thereupon  have  all  the  powers 
and  perform  all  the  duties  of  the  mayor  during  the  continuance  of 
the  latter 's  absence  or  disability,  but  shall  not  thereby  vacate  his 
•  office  as  alderman. 

Vacancy  in  office  Sect.  44.  In  case  a  vacaucy  occurs  in  the  office  of  alderman  from 
othe^r  offices'!'  '"  any  cause,  the  board  of  aldermen  shall  choose  some  duly  qualified 
person  not  already  a  member  of  that  body  to  fill  the  same.  A 
person  so  chosen  in  place  of  an  alderman-at-large  shall  not  be 
eligible  to  fill  the  vacancy  in  the  office  of  mayor  or  be  chosen  acting 
mayor,  under  the  provisions  of  this  section ;  and  if  the  alderman-at- 
large  whose  place  he  takes  was  elected  for  a  term  extending  beyond 
the  first  day  of  January  next  following  the  first  municipal  election 
after  the  occurrence  of  the  vacancy,  he  shall  serve  only  until  such 
municipal  election,  and  an  additional  alderman-at-large  shall  be 
chosen  by  popular  vote  at  that  election  to  fill  the  vacancy  for  the 
remainder  of  such  term.  In  case  any  officer  other  than  mayor  or 
alderman  shall  be  required  to  be  chosen  by  popular  vote  at  a  munici- 


1913]  Chapter  427.  1013 

pal  election,  vacancies  occurring  in  such  offices  shall  be  filled  by 
the  board  of  aldermen,  in  convention  with  the  body  in  which  such 
vacancy  occurs,  for  the  residue  of  the  unexpired  term,  or  until 
the  first  municipal  election  after  the  occurrence  of  the  vacancy,  and 
then  by  popular  vote  for  the  balance  of  the  term  as  above  provided 
concerning  vacancies  in  the  office  of  alderman  and  in  like  manner. 

Sect.  45.  The  mayor  shall  be  the  chief  executive  officer  of  the  city.  General  powers 
and  cause  its  laws  and  ordinances  to  be  executed  and  enforced,  shall  mayor, 
exercise  the  general  supervision  over  the  conduct  of  all  subordinate 
officers  and  cause  all  violation  and  neglect  of  duties  by  them  to 
be  punished.  He  may  call  a  meeting  of  the  board  of  aldermen 
whenever  in  his  opinion  there  is  occasion;  shall  from  time  to  time 
communicate  to  said  board  and  to  all  subordinate  officers  such  in- 
formation and  recommendations  relative  to  matters  within  their 
respective  jurisdictions  as,  in  his  judgment,  the  interests  of  the  city 
may  require ;  and  shall  have  and  perform  such  other  powers  and 
duties  not  inconsistent  with  the  provisions  of  this  act  as  now  or 
hereafter  may  be  conferred  or  imposed  on  him  by  the  municipal 
ordinances  or  upon  mayors  of  cities  by  general  law. 

Sect.  46.  The  mayor  shall  be  chairman  ex  officio  and  a  member  Mayor's  power  in 
of  the  board  of  public  works  for  all  purposes,  including  voting  and  works, 
counting  of  a  quorum.  He  shall  have  no  negative  on  the  action  of 
such  board,  but  may  in  his  discretion  suspend  the  operation  or 
execution  of  any  vote  or  decision  adopted  by  it  until  the  same  shall 
be  approved  by  the  full  board  of  aldermen,  by  causing  an  order  to 
that  effect  to  be  entered  on  the  records  of  the  board  of  public  works, 
and  communicated  to  each  member  of  the  latter  board  and  any 
other  persons  affected,  within  seven  days  after  the  adoption  of  such 
vote  or  decision  and  before  any  obligations  have  been  incurred 
thereunder.  The  matter  shall  then  be  laid  before  the  board  of 
aldermen  at  its  next  regular  meeting  or  at  a  special  meeting  called 
for  that  purpose  and  the  action  of  said  board  confirming,  annulling 
or  reversing  the  vote  or  decision  of  the  board  of  public  works  shall, 
subject  to  the  negative  given  the  mayor  by  the  next  following 
section,  be  final  and  conclusive. 

Sect.  47.  The  mayor  shall,  at  all  times,  have  the  right  to  intro-  Veto  power 
duce  bills  and  initiate  other  measures  in  the  board  of  aldermen. 
He  shall  have  a  negative  upon  all  ordinances,  resolutions  and  votes 
passed  by  it  except  such  as  relate  (1)  to  the  time,  manner  or  order 
of  its  session  or  procedure,  (2)  to  the  filling  of  vacancies  in  its 
own  membership,  the  choice  of  incumbents  of  other  municipal 
offices  or  the  filling  of  vacancies  therein,  and  the  confirmation  or 
non-confirmation  of  persons  appointed  thereto  by  himself  or  to  the 
determination  of  the  qualifications  and  election  of  candidates  for 
office  nominated  and  voted  for  at  the  municipal  elections,   (3)   to 


1014  Chapter:  427.  [1913 

the  fitness  of  applicants  for  licenses,  the  removal  of  municipal 
officers  for  cause,  assessment  of  land  damages  or  other  matters  of  a 
judicial  nature.  He  shall  exercise  such  negative  in  all  cases,  by 
written  declaration  filed  with  the  city  clerk  within  seven  days 
thereafter,  stating  the  grounds  of  his  disapproval ;  and  no  or- 
dinance, and  no  such  resolution  or  vote  shall  take  effect  until  the 
expiration  of  such  seven  days  unless  first  signed  by  him.  In  case 
of  an  ordinance  or  a  resolution  contemplating  distinct  appropria- 
tions or  other  severable  provisions,  he  may  veto  one  or  more  of  such 
appropriations  or  provisions  and  approve  the  remainder  of  the  bill, 
plainly  specifying  above  his  signature  thereto  the  items  disapproved, 
whereupon  the  bill  shall  take  effect  in  accordance  with  its  terms 
except  as  to  such  items.  No  ordinance,  resolution  or  vote  or  part 
thereof  by  him  vetoed  conformably  to  this  section,  shall  take  effect 
unless  on  reconsideration  the  same  be  passed  over  this  veto  by 
affirmative  vote  of  at  least  ten  aldermen  on  roll  call. 
Powers  of  board  Sect.  48.  Exccpt  as  herein  otherwise  provided,  the  board  of 
aldermen  hereby  established,  shall  have  all  the  powers  and  discharge 
all  the  duties  conferred  or  imposed  upon  city  councils  in  convention, 
city  councils  voting  concurrently,  or  boards  of  mayor  and  alder- 
men acting  separately,  by  chapters  46  to  50  inclusive  of  the  Public 
Statutes  or  other  general  laws  now  in  force,  or  hereafter  enacted, 
or  upon  the  existing  city  councils  or  board  of  aldermen  of  the  city 
of  Nashua  by  special  laws  not  hereby  repealed.  All  provisions  of 
such  laws  pertaining  to  the  powers  or  duties  of  any  such  bodies 
shall  be  construed  to  apply  to  the  board  of  aldermen  hereby  es- 
tablished, unless  a  contrary  intent  appears  herein,  it  being  the  pur- 
pose of  this  act  to  confer  upon  said  board  all  functions  of  either 
or  of  both  branches  of  the  existing  city  council  whether  legislative, 
administrative,  executive  or  judicial.  All  sales  of  land,  all  appro- 
priations for  the  purchase  of  land,  and  all  loans  voted  by  the  board 
of  aldermen,  shall  require  a  majority  and  viva  voce  vote  on  roll 
call  of  all  the  members  of  the  board;  and,  as  to  all  loans  except 
temporary  loans  made  in  anticipation  of  taxes,  such  votes  shall  be 
passed  only  after  two  separate  readings  and  by  two  separate  votes 
the  second  of  said  readings  and  votes  to  be  had  not  less  than 
fourteen  days  after  the  first. 
Appointment  of  Sect.  49.  The  members  of  the  standing  committees  of  the  board 
priations,  'how'  of  aldermen  shall  be  appointed  by  the  president  of  the  board  of 
''°^^^'  aldermen  subject  to  the  approval  of  the  board.    No  ordinances,  and 

no  resolutions  containing  an  appropriation  or  contemplating  an 
expenditure  of  money  shall  be  laid  before  the  board  of  aldermen 
for  action  except  as  otherwise  herein  provided  until  the  signature 
of  the  mayor,  president  of  the  board,  or  alderman  introducing  the 
same,  or,  if  introduced  bv  a  committee  of  the  board,  the  signature 


1913]  Chapter  427.  1015 

of  sucli  committee  by  its  chairman,  is  endorsed  thereon.  Upon  the 
final  passage  of  every  resolution  or  ordinance  containing  an  appro- 
priation or  contemplating  an  expenditure  of  oneliundred  dollars 
or  more  the  vote  shall  be  by  viva  voce  and  major  vote  on  roll  call. 

Sect.  50.  The  finances  and  accounts  of  the  city  shall  be  under  Finance  com- 
the  supervision  of  a  finance  committee  composed  of  the  mayor  and  ™coun'ts^.^^  ^^  ° 
the  six  aldermen-at-large,  the  mayor  acting  as  chairman.  The  first 
finance  committee  under  this  act  shall  as  soon  as  possible  after  its 
assumption  of  office,  proceed  to  employ  a  board  of  three  competent 
men  to  make  an  appraisal  of  the  assets  and  a  statement  of  the 
liabilities  of  the  city  of  every  nature,  and  this  statement  of  assets 
and  liabilities,  brought  down  to  the  date  of  December  31,  1914, 
shall  be  made  the  basis  of  a  new  system  of  accounts  for  the  city, 
and  subsequent  finance  committees  may  have  such  appraisals  made 
when  deemed  expedient.  A  competent  audit  company  or  public 
accountant  of  good  and  well  known  reputation  shall  be  employed  by 
the  finance  committee  to  establish  subject  to  their  approval  such 
sj'stem  of  accounts  as  will  at  all  times  show  the  financial  condition 
and  financial  operations  of  the  city  in  all  its  departments,  and  the 
finance  committee  shall  have  authority  to  employ  a  competent  ac- 
countant or  accountants  to  act  as  assistant  or  assistants  to  the  city 
treasurer  in  maintaining  such  accounts. 

Sect.  51.  The  boards  of  fire  commissioners,  education,  police  purchasing 
commissioners  and  public  works  shall  each  for  its  department  elect  ^^'^"'^• 
annually  one  or  more  of  its  own  members  to  act  as  purchasing  agent 
or  agents,  and  prescribe  rules  and  regulations  to  govern  them  in 
their  duties.  For  all  other  departments  the  mayor  shall  act  as  pur- 
chasing agent.  All  bills  shall  be  approved  by  a  majority  of  the 
board,  commission,  trustees  or  committee  contracting  the  same 
before  being  paid  by  the  city  treasurer. 

Sect.  52.  The  funds  of  the  city  shall  be  deposited  in  such  bank  Deposit  of  city 
or  banks  doing  business  in  the  city  as  the  finance  committee  ap- 
proves and  as  shall  offer  the  highest  rate  of  interest  on  daily  bal- 
ances, or,  if  two  or  more  banks  shall  bid  the  same  rate,  the  account 
shall  be  divided  as  equally  as  may  be  practicable  between  them. 
The  finance  committee  shall  during  the  first  week  in  December  in 
each  year,  call  for  sealed  bids  from  banks  as  above  stated  to  be 
opened  at  a  time  and  place  stated  not  later  than  December  31,  and 
such  bids  shall  be  opened  in  the  presence  of  the  committee  and  of 
such  representatives  of  the  competing  banks  as  choose  to  be  present, 
and  the  contract  shall  then  and  there  be  awarded  to  take  effect 
January  first  of  the  following  year  for  a  period  of  one  year. 

Sect.  53.     The  finance  committee  shall  not  allow  any  department  Overdrafts  and 

J  J  -J.  •    I  •  n  i?        T     ^  •       transfers. 

to  overdraw  its  appropriation,  nor  allow  funds  from  one  appropria- 
tion, nor  money  raised  by  loan  for  a  specific  purpose  to  be  diverted 


1016 


Chapter  427. 


[1913 


Sinking  fund 
committee. 


Annual    tudget 
and  estimates; 
fiscal  year  fixed 


to  and  used  for  another  purpose,  unless  the  same  be  authorized  by 
special  action  of  the  board  of  aldermen. 
Audit  of  accounts.  Sect.  54.  The  accouuts  of  the  city  and  of  all  its  departments, 
including  the  securities  and  cash  in  the  sinking  and  trust  funds, 
shall  be  audited  by  a  competent  audit  company  or  public  accountant 
of  good  and  well  known  reputation,  which  company  or  accountant 
shall  make  a  report  to  the  board  of  aldermen  annually,  and  such 
report  shall  be  published  in  the  annual  report  of  the  city. 

Sect.  55.  There  shall  be  a  sinking  fund  committee  consisting 
of  the  mayor,  treasurer-collector,  and  one  member  of  the  board  of 
aldermen  to  be  elected  by  the  aldermen  by  viva  voce  and  majority 
vote.  The  securities  under  their  charge  shall  be  kept  in  a  proper 
safety  deposit  box  and  not  accessible  except  in  the  presence  of  at 
least  two  members. 

Sect.  56.  All  appropriations  to  be  met  from  taxes,  revenue,  or 
any  other  source  other  than  loans,  shall  be  recommended  by  the 
mayor,  who,  on  or  before  the  fifteenth  day  of  February  of  each 
year,  shall  submit  to  the  board  of  aldermen  the  annual  budget  of 
the  current  expenses  of  the  city,  and  may  submit  thereafter  supple- 
mentary budgets  until  such  time  as  the  tax  rate  for  the  year  shall 
have  been  fixed.  The  board  of  aldermen  may  reduce  or  reject  any 
item,  but  Avithout  approval  of  the  mayor  shall  not  increase  any  item 
in,  nor  the  total  of  a  budget,  nor  add  any  item  thereto,  nor  shall  it 
originate  a  budget.  The  boards  of  public  works,  education,  fire 
commissioners,  police  commissioners,  park  commissioners,  and  of 
all  other  departments  having  charge  of  the  disbursement  of  moneys 
appropriated,  shall  as  early  as  practicable  in  each  year,  and  not 
later  than  February  first,  submit  to  the  mayor  and  to  the  board  of 
aldermen,  one  copy  to  each,  a  detailed  estimate  in  writing  of  the 
appropriations  required  for  that  year,  for  the  purpose  above  re- 
ferred to ;  and,  whenever  at  other  times  a  special  appropriation  shall 
in  the  judgment  of  any  department  be  required  for  any  purpose, 
every  such  department  shall  submit  to  the  mayor  and  to  the  board 
of  aldermen,  one  copy  to  each,  a  written  request  therefor.  Chapter 
150,  section  1  of  the  acts  of  the  session  of  the  legislature  of  1899 
fixing  the  time  when  the  police  commission  of  said  city  shall  send 
an  estimate  of  the  appropriations  required  for  the  maintenance  of 
the  police  department  during  the  fiscal  year,  annualjy  in  the  month 
of  February,  is  amended  to  conform  to  this  act,  namely,  that  said 
estimate  shall  be  sent  as  early  as  practicable  in  each  year,  and  not 
later  than  February  first.  The  fiscal  year  of  the  city  of  Nashua  is 
hereby  designated,  beginning  with  the  first  day  of  January  of  each 
year  and  closing  with  the  last  day  of  December  next  ensuing  there- 
after. 


1913]  Chapter  427.  1017 

Sect.  57.  The  board  of  aldermen  may,  on  specific  charges  and  Removals  from 
after  due  notice  and  hearing,  at  any  time  remove  from  office  the 
mayor,  or  one  of  its  own  members,  for  prolonged  absence  from  or 
other  inattention  to  duty,  mental  or  physical  incapacity,  incom- 
petency, crime,  immorality,  or  misconduct  in  office,  by  affirmative 
vote  on  roll  call  of  at  least  ten  aldermen.  Any  other  officer  chosen 
by  the  board  of  aldermen  may  be  removed  by  it  at  pleasure  by 
majority  vote ;  any  officer  appointed  by  the  mayor  may  be  re- 
moved by  him  at  pleasure  by  written  order,  and  no  approval  of 
such  order  by  the  board  of  aldermen  shall  be  required ;  and  any 
officer  selected  by  a  subordinate  board,  department  head  or  other 
like  official  under  authority  of  an  ordinance  may  be  removed  in 
such  manner  as  the  city  ordinances  may  prescribe ;  provided,  that 
the  boards  of  education,  health,  and  public  works  shall  have  ex- 
clusive authority  to  dismiss  its  own  appointees  and  employees. 
The  removal  under  this  section,  with  or  without  cause,  of  a  person 
elected,  appointed  or  otherwise  chosen  for  a  fixed  term  shall  give 
him  no  right  of  action  for  breach  of  contract ;  and  vacancies  thereby 
occasioned  in  any  office  shall  be  filled  in  the  same  manner  as  if  the 
vacancy  had  resulted  from  death  or  other  cause. 

Sect.  58.  No  alderman  shall,  during  his  term  as  such,  be  eligible  certain  offices  in- 
to hold  any  other  municipal  office  except  acting  mayor,  and  volun-  '^^^^^  ^ 
teer  member  of  the  fire  department ;  and  no  board  or  commission 
established  in  the  city  and  empowered  to  select  subordinates  shall, 
except  where  expressly  authorized  by  law  or  ordinance  creating  it, 
select  one  of  its  own  members  for  any  position  to  which  a  salary  or 
other  emolument  is  attached. 

Sect.  59.  The  board  of  public  works  shall  be  composed  of  the  Board  of  public 
mayor  and  four  members  to  be  chosen  by  the  qualified  voters  of  chosen, 
the  city  at  large  voting  in  their  respective  wards.  At  the  first  gen- 
eral municipal  election  to  be  holden  under  this  act,  there  shall  be 
elected  four  members  of  the  board  of  public  works,  the  two  candi- 
dates receiving  the  two  highest  preferences  shall  serve  for  three 
years,  and  the  two  candidates  receiving  the  next  highest  preferences 
shall  serve  for  one  year,  and  at  each  subsequent  general  municipal 
election  there  shall  be  elected  two  members  for  the  full  term  of 
four  years,  and  the  members  so  chosen  shall  hold  their  respective 
offices  from  the  first  secular  day  of  January  next  following  their 
election  for  the  terms  above  specified,  and  until  their  successors  are 
chosen  and  qualified. 

Sect.  60.     The  said  board  shall  have  cognizance,  direction,  and  Powers  and  duties 
full  control  (a)  of  the  construction,  alteration,  cleaning,  watering 
and  repairs  of  streets,  highways,  bridges  and  sidewalks;  (b)  of  the 
location,  construction,  extension,  care  and  maintenance  of  public 
sewers  and  drains;  (c)  of  the  planting  and  care  of  the  shade  and 


1018  Chapter  427.  [1913 

ornamental  trees  standing  in  the  streets  and  public  ways;  (d)  of 
the  location  and  supervision  of  electric  power,  electric  light,  tele- 
phone, telegraph,  and  trolley  wires;  of  electric  light,  telephone, 
trolley  and  telegraph  poles,  and  of  any  gas  and  water  pipes  and 
other  conduits,  and  erection,  placing  and  removing  thereof;  (e) 
they  shall  have  all  the  powers  and  authority  now  vested  in  the 
committee  on  highways  and  bridges  and  the  committee  on  sewers 
and  drains,  as  well  as  full  power  and  authority  to  contract  for  and 
purchase  all  material  and  supplies  used  in  the  department  created 
by  this  act;  (f)  they  shall  have  the  purchasing  as  well  as  the  care 
and  control  of  all  teams  and  other  property  used  in  the  department 
of  public  works  established  as  aforesaid.  And  all  powers  and  duties 
by  law  vested  in  surveyors  of  highways  shall  apply  to  said  board 
of  public  works  when  not  inconsistent  herewith. 

Same  subject.  Sect.  61.     The  board  of  public  works  shall  have  the  expenditure 

of  all  appropriations  made  by  the  board  of  aldermen  for  any  pur- 
pose specified  in  the  preceding  section.  The  said  board  shall  elect 
and  employ  a  city  engineer,  and  such  other  agents  and  employees 
as  it  may  deem  necessary  for  the  purpose  of  the  execution  of  the 
details  of  the  work  under  its  charge,  and  prescribe  their  duties ; 
and  such  city  engineer  and  other  subordinates  shall  act  in  all  re-. 
spects  in  accordance  with  its  plans  and  directions,  and  may  be 
removed  by  it  at  pleasure.  Said  city  engineer  shall  perform  such 
other  duties  in  aid  of  the  assessors  or  other  departments  of  the  city 
as  the  ordinances  of  the  city  may  now  or  hereafter  prescribe,  and, 
in  the  absence  of  special  ordinances,  such  other  duties  as  have  cus- 
tomarih^  been  performed  by  the  city  engineer  of  the  city.  It  shall 
have  charge  of  all  horses,  vehicles,  machinery,  tools,  material  and 
equipment  owned  by  the  city  for  the  purposes  of  such  work;  may 
from  time  to  time  purchase  all  new  equipment  required  for  such 
purposes ;  and  sell  any  discarded  equipment ;  may  make  such  regu- 
lations for  its  own  government  and  for  the  government  of  its 
subordinates  and  of  the  property  under  its  charge  as  it  may  deem 
expedient.  And  may,  in  its  discretion,  procure  the  performance  of 
any  work  under  their  charge  by  contract,  and  for  that  purpose, 
call  for  proposals  and  make  and  execute  in  the  name  and  on  the 
behalf  of  the  city,  a  suitable  contract  therefor  with  the  lowest 
responsible  bidder,  taking  from  him  sufficient  security  for  the  per- 
formance of  such  contract.  But  no  such  contract  shall  call  for  the 
expenditure  of  a  sum  exceeding  the  amount  appropriated  or  avail- 
able in  such  a  case. 

Appropriations  Sect.  62.     The  board  of  aldermen  shall  make  no  appropriation 

and  expenditures  . 

for  public  works,  for  any  purpose  other  than  fixed  charges  and  general  maintenance 
and  repairs,  unless  an  appropriation  for  that  purpose  has  first  been 
requested  by  the  board  of  public  works ;  and  the  latter  board  shall 


1913]  Chapter  427.  1019 

undertake  uo  highway  or  sewer  work  in  the  nature  of  new  con- 
struction and  permanent  improvement  unless  an  appropriation 
therefor  has  first  been  granted  by  the  board  of  aldermen,  nor  under- 
take work  of  any  kind,  except  in  case  of  emergency,  the  anticipated 
cost  whereof  will  exceed  the  appropriation  available  for  that 
purpose.  At  the  close  of  every  year  the  board  of  public  works  shall 
make  a  detailed  report  to  the  board  of  aldermen  of  its  doings  for 
that  year,  which  report  shall  be  published  with  the  report  of  the 
other  municipal  departments. 

Sect.  63.  The  board  of  public  works  shall  also  have  exclusive  Further  powers 
jurisdiction,  subject  to  the  laws  of  the  state,  and  to  such  laws  and  board." 
regulations  in  the  premises,  as  the  board  of  aldermen  may  from 
time  to  time  ordain  for  its  guidance  and  for  the  public  protection 
and  convenience,  to  grant,  deny  and  revoke  permits  and  licenses, 
for  making  excavations  in,  moving  buildings  along,  or  placing  and 
maintaining  poles,  wires,  pipes  or  other  structure,  in,  over,  or  under 
the  streets,  highways,  or  sidewalks  of  the  city ;  to  fix  the  terms  of 
such  permits  and  licenses,  to  prescribe  and  change  the  location  and 
compel  the  repair  or  removal  of  such  structures ;  and  to  exercise 
within  the  city  all  powers  conferred  by  law  and  ordinance  on 
municipal  officers  relative  to  the  location  and  manner  of  street 
railway  structures.  Authority  to  grant  permits  for  excavations 
and  other  temporary  obstructions,  and  to  designate  the  particular 
portion  of  streets  in  which  structures  shall  be  located,  may  be  dele- 
gated by  it  to  the  superintendent  of  streets,  or  to  adjust  such  limits 
as  it  may  prescribe.  Whenever  any  street,  highway  or  sidewalk  in 
the  city  is  obstructed  or  occupied  in  any  manner  mentioned,  with- 
out statutory  authority  or  a  permit  or  a  license,  or  in  violation  of 
the  conditions  of  such  permit  or  license,  or  of  its  lawful  orders,  the 
said  board  or  its  authorized  agent  may  abate  the  offending  obstruc- 
tion or  structure  as  a  public  nuisance. 

Sect.  64.  There  shall  be  in  the  city  a  board  of  assessors,  con-  Board  of  assess 
sisting  of  three  members,  who  shall  have  all  the  powers  and  be  sub-  *"^^'  "^  "^  ''^®°* 
ject  to  all  the  liabilities  by  law  conferred  or  imposed  on  assessors 
of  taxes  in  cities,  and  perform  such  further  duties  as  the  board 
of  aldermen  may  from  time  to  time  prescribe  by  ordinance.  Thp 
first  such  board  shall  be  composed  of  Henry  H.  Davis,  James  H. 
Waters  and  Daniel  D.  Coffey,  present  incumbents,  who  shall  serve 
out  their  terms  to  January  1st,  1917  and  until  their  successors  are 
chosen  and  qualified.  They  shall  conform  to  and  be  subject  to  this 
act  as  fully  as  if  elected  under  it.  At  the  general  municipal  elec- 
tion in  1915  there  shall  be  elected  three  members  who  shall  assume 
office  on  the  first  secular  day  of  January  1917  and  serve  until  their 
successors  are  chosen  and  qualified.  The  candidate  receiving  the 
highest  preference  shall  serve  for  five  years,  the  candidate  receiving 

36 


1020 


Chapter  427. 


[1913 


Organization. 


Office  hours  of 
clerk. 


the  next  highest  preference  shall  serve  for  three  years,  and  the  next 
highest  for  one  year.  And  at  each  subsequent  general  municipal 
election  there  shall  be  elected  one  member  for  the  full  term  of  six 
years ;  and  members  so  chosen  shall  hold  their  respective  offices  from 
the  first  secular  day  of  January  next  following  their  election  for  the 
terms  above  specified  and  until  their  successors  are  chosen  and 
qualified.  A  vacancy  occurring  in  the  office  of  assessor  from  any 
cause,  shall  forthwith  be  filled  by  the  boards  of  aldermen  and  assess- 
ors in  convention  by  viva  voce  and  major  vote.  The  board  of  assess- 
ors shall  receive  such  compensation  as  the  board  of  aldermen  may 
determine. 

Sect.  65.  Immediately  after  every  inauguration  of  the  city  gov- 
ernment the  board  of  assessors  shall  meet  and  select  one  of  their 
number  to  be  chairman,  and  one  member  to  be  clerk  of  said  board, 
and  said  officers  selected  shall  respectively  do  and  perform,  all 
the  duties  pertaining  to  said  positions  as  now  defined  by  law. 

Sect.  66.  The  board  of  assessors  shall  have  an  office  assigned 
and  furnished  for  that  purpose  by  the  board  of  aldermen.  The 
clerk  shall  attend  at  such  office  regularly  not  less  than  six  hours 
during  the  business  hours  of  each  day,  Sundays  and  holidays,  and 
such  reasonable  leaves  of  absence,  as  may  be  voted  him  by  the  board, 
excepted ;  but  he  shall  not  be  obliged  so  to  attend  in  the  afternoon 
on  Saturdays.  During  his  absence  for  any  cause,  another  member 
of  the  board  shall  attend  at  such  office  daily  during  the  regular 
office  hours. 
Meetings  of  board.  Sect.  67.  The  board  of  assessors  shall  hold  regular  meetings  at 
such  office  for  the  transaction  of  business  during  stated  hours,  on 
at  least  two  days  in  each  week  throughout  the  year.  During  the 
months  of  April,  May,  June  and  July,  at  least  one  member  of  the 
board,  in  addition  to  the  clerk,  shall  be  in  attendance  at  such  office 
during  business  hours,  and  the  board  shall  hold  such  additional 
meetings  in  the  day  time  or  evening  as  may  be  necessary  to  give 
all  tax-payers  a  convenient  opportunity  to  be  heard. 

Sect.  68.  The  chairman  shall  preside  at  all  meetings  of  the 
board  of  assessors,  and  shall  have  a  voice  and  vote,  equally  with  the 
other  members  on  all  questions  coming  before  the  board  for  decision. 

Sect.  69.  The  clerk  of  the  board  of  assessors,  with  the  assistance 
of  the  other  members  and  such  clerical  assistance,  as  may  be  fur- 
nished by  the  vote  of  the  board  of  aldermen,  shall  keep  all  the  books, 
records  and  accounts  of  the  board 's  condition,  correspondence,  and 
financial  accounts  as  its  executive  officer,  subject  to  the  direction 
of  the  majority  of  the  board  as  to  the  methods  of  performing  such 
duties. 

Sect.  70.  The  board  of  aldermen  may,  by  ordinance,  authorize 
the  board  of  assessors  to  employ  assistants,  not  exceeding  one  in 


Chairman   to   have 
vote. 


Duties  of  clerk. 


Assistant 
assessors. 


1913J  Chapter  427.  1021 

each  ward,  to  aid  in  making  the  list  of  ratable  polls,  such  assistants 
to  be  employed  for  such  a  time  and  for  such  compensation  as  shall 
be  fixed  by  the  board  of  aldermen.  It  may  also  by  ordinance,  au- 
thorize the  employment  of  such  clerical  assistance,  as  may  be  re- 
quired by  the  board  of  assessors,  and  fix  the  amount  to  be  expended 
for  such  assistance. 

Sect.  71.     The  books  and  records  of  the  board  of  assessors  shall  Records  open  to 
be  the  property  of  the  city,  and  at  all  times  be  open  to  public  in- 
spection during  the  office  hours  of  the  clerk. 

Sect.  72.     The  accounts  for  the  reasonable  expenses  for  the  board.  Expense  accounts. 
shall  be  certified  by  a  majority  of  the  board,  and  upon  approval 
by  the  board  of  aldermen,  shall  be  paid  by  the  city  treasurer. 

Sect.  73.     The  board  of  fire  commissioners  shall  be  composed  of  Board  of  fire  oom- 

._  (•!•  missioners,    how 

three  members  to  be  chosen  by  the  qualified  votei-s  oi  the  city  at  chosen, 
large,  voting  in  their  respective  wards.  At  the  first  general  munici- 
pal election  to  be  holden  under  this  act,  there  shall  be  elected  three 
members  of  the  fire  commission,  the  candidate  receiving  the  highest 
preference  shall  serve  for  five  years,  the  candidate  receiving  the 
next  highest  preference  for  three  years,  and  the  next  highest  for 
one  year;  and  at  each  subsequent  general  municipal  election  there 
shall  be  elected  one  member  for  the  full  term  of  six  years,  and  the 
members  so  chosen  shall  hold  their  respective  offices  from  the  first 
secular  day  of  January  next  following  their  election  for  the  terms 
above  specified,  and  until  their  successors  are  chosen  and  qualified. 
Said  board  shall  exercise  all  the  powers  and  perform  all  the  duties 
that  the  laws  and  ordinances  now  prescribe,  or  that  may  hereafter 
be  prescribed  by  law  and  the  city  ordinances. 

Sect.  74.  The  city  of  Nashua  shall  continue  to  constitute  one  City  is  one  school 
school  district,  and  the  school  committee  of  said  city  shall  be  styled 
the  board  of  education.  It  shall  perform  all  such  duties  as  the 
school  committee  in  towns  is  required  by  law  to  perform,  and  shall 
have  power  to  protect  the  health  of  children  attending  the  public 
schools  of  the  city  when  exposed  to  danger  from  any  cause  con- 
nected with  the  schools,  whether  the  cause  be  unsanitary  condi- 
tions, exposure  to  contagious  disease,  association  with  those  who  are 
afflicted  with  sickness  such  as  is  commonly  communicable  to  others, 
or  other  causes.  General  appropriations  for  the  maintenance  of 
the  schools  of  the  city  shall  be  deemed  available  to  meet  any  expense 
incurred  by  the  board  of  education  under  this  provision  for  the 
protection  of  the  health  of  the  children  attending  the  public 
schools. 

Sect.  75.     The  terms  of  the  present  members  of  the  board  of  edu-  Board   of   educa- 
cation  shall  be  reduced  one  year.     John  T.  Gardiner,  Ernest  W. ''''°'  ^"^  '=^''''"- 
Gray,  Walter  F.  Norton  and  Frank  B.  Rideout  shall  hold  their 
offices  until  the  first  day  of  January,  1916 ;  James  L.  Bickford, 


1022 


Chapter  427. 


[1913 


Organization. 


Superintendent    of 
schools. 


Board   of  health, 
how  chosen. 


Powers  and 
duties. 


Health  officer. 


Rules  and 
regulations. 


Frank  B.  Clancy,  Samuel  Dearborn  and  Albert  J.  McKean  shall 
hold  their  offices  until  the  first  day  of  January,  1918.  Said  board 
of  education  shall  continue  to  be  composed  of  twelve  members,  four 
of  whom  shall  be  elected  at  large  at  every  general  municipal  elec- 
tion, beginning  in  1914,  and  hold  their  offices  from  the  first  secular 
day  of  January  following  for  the  full  term  of  six  years  and  until 
others  are  elected  and  qualify,  except,  that  the  four  members  of 
said  board  chosen  at  the  first  general  municipal  election,  in  1914 
shall  hold  their  offices  for  five  years. 

Sect.  76.  Said  board  of  education  shall  choose  a  president  and 
clerk  from  their  own  number.  The  clerk  of  the  board  of  educa- 
tion shall  receive  in  full  for  his  services  one  hundred  dollars  per 
annum  in  equal  quarterly  payments;  and  no  person  shall  be  a 
member  of  the  board  of  aldermen  and  the  board  of  education  at  the 
same  time. 

Sect.  77.  The  board  of  education  shall  elect  a  superintendent 
of  schools  for  said  city  and  fix  his  compensation,  which  compensa- 
tion shall  be  paid  to  him  quarterly.  The  said  superinteiident  of 
schools  may  be  discharged  by  said  board  for  cause,  but  unless  sooner 
discharged,  shall  hold  his  office  for  one  year,  or  until  his  successor 
shall  be  appointed. 

Sect.  78.  The  board  of  aldermen  on  the  first  secular  day  of  Jan- 
uary, 1915,  shall  elect  a  board  of  health,  to  be  composed  of  three 
members,  whose  term  of  office  shall  be  for  one  year,  and  on  the  first 
secular  day  of  January  in  1916  and  thereafter  biennially  on  said 
first  secular  day  of  January  following  the  regular  municipal  election 
they  shall  elect  said  board  of  health  for  the  term  of  two  years,  to  be 
,  composed  of  three  members,  two  of  whom  shall  be  physicians. 

Sect.  79.  Said  board  shall  have  control  of  and  attend  to  all 
matters  and  perform  all  duties  relating  to  the  public  health,  and 
shall  perform  such  special  duties  as  may  be  imposed  upon  them  by 
ordinances  or  by  the  general  statutes  of  the  state. 

Sect.  80.  The  board  of  health  shall  elect  a  health  officer  who 
shall  hold  the  office  at  the  pleasure  of  said  board.  The  health  officer 
shall  devote  his  time  to  the  performance  of  the  duties  imposed  upon 
him  by  law  and  by  the  board  of  health,  including  the  inspection  of 
milk.    His  salary  shall  be  determined  by  the  board  of  aldermen. 

Sect.  81.  The  board  of  health  may  make  such  rules  and  regula- 
tions relating  to  plumbing,  sanitation  and  draining  of  buildings 
and  connection  with  public  sewers,  as  in  their  judgment  the  health 
and  safety  of  the  occupants  or  the  public  may  require;  they  may 
also  make  such  rules  and  regulations  relating  to  the  public  health 
as  in  their  judgment  the  public  health  and  safety  may  require.  All 
such  rules  and  regulations  shall  be  subject  to  the  action  of  the 
board  of  aldermen  approving  the  same. 


1913 J  Chapter  427.  1023 

Sect.  82.  The  city  treasurer,  who  shall  also  be  collector  of  taxes,  City  treasurer, 
shall  collect  all  moneys  due  to  the  city,  except  license  fees  or  other  duties  of" 
moneys  the  collection  of  which  is  otherwise  provided  for  by  law.  He 
shall  have  the  custody  of,  and  pay  out  all  moneys,  and  cause  his 
accounts  in  both  said  capacities  to  be  kept  in  proper  books  of  ac- 
count and  in  manner  approved  by  the  finance  committee,  and  shall 
perform  such  other  duties  as  the  ordinances  prescribe ;  he  shall 
perform  all  the  duties  and  exercise  all  the  powers  assigned  by  law 
to  city  treasurers  or  collectors  of  taxes,  or  town  treasurers  and  col- 
lectors of  taxes,  so  far  as  such  laws  can  apply  to  said  city. 

Sect.  83.     All  books  and  records  of  the  city  treasurer  and  col-  ?ooi^s  P^^^  '<> 

■^  inspection. 

lector  of  taxes  shall  be  the  property  of  the  city  and  shall  be  at  all 
times  open  to  public  inspection  during  the  office  hours  of  said  officer. 

Sect.  84.     The  board  of  aldermen  or  the  mayor  may  call  for  Reports  to  mayor 
such  reports  as  to  the  uncollected  taxes,  and  as  to  the  moneys  on 
hand,  and  as  to  the  finances  of  the  city,  as  they  may  deem  needful 
for  their  information. 

Sect.  85.  The  boa,rd  of  aldermen  shall  require  the  city  treasurer  Bond  of  city 
and  tax  collector,  before  entering  upon  the  duties  of  his  office,  to 
give  separate  bonds,  with  sufficient  sureties,  to  the  satisfaction  of 
said  board,  one  for  the  faithful  performance  of  his  duties  so  far  as 
they  pertain  to  the  collection  of  taxes,  and  a  second  bond  for  the 
faithful  performance  of  his  duties  as  city  treasurer. 

Sect.  86.  The  city  clerk,  who  shall  also  be  overseer  of  the  poor,  City  clerk,  powers 
shall  perform  all  the  duties  and  exercise  all  the  powers  that  the 
existing  or  future  ordinances  prescribe  both  as  to  the  functions  of 
city  clerk  and  overseer  of  the  poor ;  he  shall  also  perform  all  the  , 
duties  and  exercise  all  the  powers  assigned  by  law  to  such  officers 
or  officer  in  towns  and  cities  so  far  as  such  laws  may  apply  to  said 
city. 

Sect.  87.  The  board  of  police  commissioners  and  police  force.  Sundry  boards 
the  boards  of  trustees  of  cemeteries,  public  library,  hospital,  and  tinued. 
Hunt  legacy,  and  all  other  bodies  or  officers  not  specially  abolished 
or  superseded  herein,  as  at  present  constituted,  are  hereby  con- 
tinued, provided,  however,  that  the  board  of  aldermen,  shall,  in  all 
cases  determine  the  members  of  any  board  of  commissioners  or 
trustees  required  heretofore  to  be  named  or  elected  by  the  alder- 
men or  city  councils,  and  name  or  elect  the  member  to  fill  any 
vacancy  in  said  board,  in  convention  with  such  other  board. 

Sect.  88.     The  police  court  of  the  city,  as  constituted  at  the  time  Police  court, 
this  act  shall  be  approved  by  the  voters  of  Nashua  and  go  into  effect 
as  herein  provided,  shall  continue  to  be  the  police  court  of  the  city. 

Sect.  89.  Any  holder  of  an  office  elected  at  large  may  be  re-  Elective  officers 
called  and  removed  therefrom  by  the  qualified  voters  of  the  city  as  ^^'^J^*'*  *"  '■^'=*"- 
herein  provided. 


1024  Chapter  427.  [1913 

Hecaii,  form  of         Sect.  90.     Any  qualified  voter  of  the  city  may  make  and  file  with 

petition  for.  i  • ,  ^        ^  i»r»T-  •• 

the  city  clerk  an  a&davit  containing  the  name  of  the  officer  sought 
to  be  removed  and  a  statement  of  the  grounds  of  removal.  The  city 
clerk  shall  thereupon  deliver  to  the  voter  making  such  affidavit  a 
sufficient  number  of  copies  of  petition  blanks  for  such  recall  and 
removal,  printed  forms  of  which  he  shall  keep  on  hand.  Such 
blanks  shall  be  issued  by  the  city  clerk  with  his  signature  and 
official  seal  thereto  attached ;  they  shall  be  dated  and  addressed  to 
the  board  of  aldermen,  shall  contain  the  name  of  the  person  to  whom 
issued,  the  number  of  blanks  so  issued,  the  name  of  the  person 
sought  to  be  removed,  the  office  from  which  such  removal  is  sought, 
the  grounds  of  removal  as  stated  in  said  affidavit,  and  shall  demand 
the  election  of  a  successor  to  such  office.  A  copy  of  the  petition 
shall  be  entered  in  a  record  book  to  be  kept  in  the  office  of  the  city 
^  clerk.    Said  recall  petition  shall  be  returned  and  filed  with  said  city 

clerk  within  thirty  days  after  the  filing  of  the  affidavit.  Said 
petition  before  being  returned  and  filed,  shall  be  signed  by  qualified 
voters  equal  in  number  to  at  least  twenty-five  per  cent,  of  the 
ballots  cast  for  first  choice  for  all  the  candidates  for  the  office  from 
which  it  is  sought  to  recall  the  incumbent  at  the  next  preceding 
election  when  said  office  was  filled,  and  to  every  such  signature  shall 
be  added  the  place  of  residence  of  the  signer,  giving  the  street  and 
number.  Such  signatures  need  not  all  be  on  one  paper.  One  of 
the  signers  of  every  such  paper  shall  make  an  affidavit  thereto  that 
the  statements  therein  contained  are  true,  and  that  each  signature 
appended  to  the  paper  is  the  genuine  signature  of  the  person  whose 
name  it  purports  to  be.  All  such  papers  for  the  recall  of  any  one 
officer  shall  be  fastened  together  and  shall  be  filed  as  one  instru- 
ment, with  the  indorsements  thereon  of  the  names  and  addresses  of 
three  persons  designated  as  filing  the  same. 
Petition  to  be  cer-  Sect.  91.  Within  ten  days  after  the  filing  of  said  petition,  the 
of  defec^t^l"  "^^"  city  clcrk  shall  ascertain  by  examination  thereof  and  of  the  elec- 
^^*'*'°°'  tion  returns  and  checklists  used  when  said  office  was  filled  whether 

the  petition  is  signed  by  the  requisite  number  of  qualified  voters, 
and  shall  attach  thereto  his  certificate  showing  the  result  of  such 
examination.  He  shall,  if  necessary,  be  allowed  extra  help  by  the 
board  of  aldermen.  If  his  certificate  shows  the  petition  to  be  in- 
sufficient, he  shall  within  said  ten  days  so  notify  in  writing  one  or 
more  of  the  persons  designated  on  the  petition  as  filing  the  same ; 
and  the  petition  may  be  amended  by  the  addition  of  signatures  at 
any  time  within  ten  days  after  the  giving  of  said  notice  by  the  city 
clerk.  The  city  clerk  shall,  within  ten  days  after  such  amendment, 
make  like  examination  of  the  amended  petition,  and  attach  thereto 
his  certificate  of  the  result.  If  then  insufficient,  or  if  no  amendment 
was  made,  he  shall  return  the  petition  to  one  of  the  persons  desig- 


1913]  Chapter  427.  1025 

nated  thereon  as  filing  it,  without  prejudice,  however,  to  the  filing 
of  a  new  petition  for  the  same  purpose. 

Sect.  92.     If  the  petition  or  amended  petition  shall  be  found  and  New  election, 

TrliGii  hold. 

certified  by  the  city  clerk  to  be  sufficient,  he  shall  submit  the  same 
with  his  certificate  to  the  board  of  aldermen  without  delay,  and  the 
board  of  aldermen  shall,  if  the  officer  sought  to  be  removed  does 
not  resign  Avithin  five  days  thereafter,  thereupon,  order  an  election 
to  be  held  on  a  Tuesday  fixed  by  it,  not  less  than  thirty  nor  more 
than  forty-five  days  after  the  date  of  the  city  clerk's  certificate  that 
a  sufficient  petition  is  filed ;  provided,  however,  that  if  any  other 
municipal  election  is  to  occur  within  sixty  days  after  the  date  of 
said  certificate,  the  board  of  aldermen,  may,  in  its  discretion,  post- 
pone the  holding  of  the  removal  election  to  the  date  of  such  other 
municipal  election.  If  a  vacancy  occurs  in  said  office  after  a 
removal  election  has  so  been  ordered,  the  election  shall  nevertheless 
proceed  as  in  this  section  provided. 

.  Sect.  93.  Any  officer  sought  to  be  removed  may  be  a  candidate  Nominations,  how- 
to  succeed  himself,  and  unless  he  requests  otherwise  in  writing,  the  ^^^^^  ®'*'- 
city  clerk  shall  place  his  name  on  the  official  ballot  without  nomi- 
nation. The  nomination  of  other  candidates,  the  publication  of  the 
warrants  for  such  removal  election,  and  the  conduct  of  the  same, 
shall  all  be  in  accord  with  the  provisions  of  this  act,  relating  to 
elections. 

Sect.  94.  The  incumbent  shall  continue  to  perform  the  duties  Effect  of  recall. 
of  his  office  until  the  removal  election.  If  then  re-elected,  he  shall 
continue  in  office  for  the  remainder  of  his  unexpired  term,  subject 
to  recall  as  before,  except  as  provided  in  section  95  of  this  act.  If 
not  re-elected  in  the  removal  election,  he  shall  be  deemed  removed 
upon  the  qualification  of  his  successor,  who  shall  hold  office  during 
the  unexpired  term.  If  the  successor  fails  to  qualify  within  ten 
days  after  receiving  notification  of  his  election,  the  incumbent  shall 
thereupon  be  deemed  removed  and  the  office  vacant. 

Sect.  95.     No  recall  petition  shall  be  filed  against  any  officer  R.striction  on 
within  three  months  after  his  election,  nor,  in  the  case  of  an  officer  ""^^  ' 
re-elected   in   a   removal   election,   until  three   months   after  that 
election. 

Sect.  96.     No  person  who  has  been  removed  from  an  office  by  Disqualification  by 
recall,  or  who  has  resigned  from  such  office  w^hile  recall  proceedings 
were  pending  against  him,  shall  be  appointed  to  any  city  office 
within  two  years  after  such  removal  by  recall  or  such  resignation. 

Sect.  97.     The  term,  "qualified  voter,"  wherever  it  occurs  in  Meaning  of  "quaii- 
sections  89  to  96  both  inclusive,  of  this  act,  means  a  voter  qualified  ^^^  ^oter." 
by  law^  and  by  section  33  of  this  act  to  vote  for  candidates  for  the 
office  from  which  a  removal  is  sought. 

Sect.  98.     A  petition,  meeting  the  requirements  hereinafter  pro-  initiative  petition. 


1026  Chapter  427.  [1913 

vided  and  requesting  the  board  of  aldermen  to  pass  an  ordinance, 
resolution,  order  or  vote,  or  requesting  the  board  of  education  to 
pass  a  resolution,  order  or  vote,  all  of  these  four  terms  being  herein- 
after designated  or  included  in  the  term  "measure,"  shall  be  termed 
an  initiative  petition,  and  shall  be  acted  upon  as  hereinafter  pro- 
vided. 
How  signed  and  Sect.  99.  Signatures  to  initiative  petitions  need  not  all  be  on 
one  paper,  but  one  of  the  signers  of  every  such  paper  shall  make  an 
affidavit  thereto  that  the  statements  therein  contained  are  true,  and 
that  each  signature  appended  to  the  paper  is  the  genuine  signature 
of  the  person  whose  name  it  purports  to  be.  All  such  papers  per- 
taining to  any  one  measure  shall  be  fastened  together  and  shall  be 
filed  in  the  office  of  the  city  clerk  as  one  instrument,  with  the  in- 
dorsements thereon  of  the  names  and  addresses  of  three  persons 
designated  as  tiling  the  same.  With  each  signature  to  said  petition 
shall  be  stated  the  place  of  residence  of  the  signer,  giving  the  street 
and  number.  Within  ten  days  after  the  filing  of  said  petition  the 
city  clerk  shall  ascertain  by  examination  thereof  and  of  the  check- 
lists and  election  returns,  by  what  number  of  qualified  voters  the 
petition  is  signed  and  what  percentage  that  number  is  of  the  last 
preceding  vote  cast  in  the  city  for  all  candidates  for  governor  of  the 
state,  except  as  is  provided  in  section  109  of  this  act,  and  shall 
attach  thereto  his  certificate  showing  the  result  of  such  examination. 
He  shall  forthwith  transmit  the  measure  wdth  the  said  certificate  to 
the  board  of  aldermen  or  to  the  board  of  education,  accordingly  as 
the  petition  is  addressed,  and  at  the  same  time  shall  send  a  copy  of 
said  certificate  to  one  or  more  of  the  persons  designated  on  the  peti- 
tion as  filing  the  same. 
Procedure  if  peti-  Sect.  100.  If  an  initiative  petition  be  signed  by  qualified  voters 
twenty^five  per  ©qual  in  uumbcr,  except  as  is  provided  in  section  109  of  this  act, 
cent,  of  last  vote,  to  at  Icast  twcuty-fivc  per  cent,  of  the  last  preceding  vote  cast  in 
the  city  for  all  candidates  for  governor  of  the  state,  the  board  of 
aldermen  or  the  board  of  education  to  whom  such  measure  is  trans- 
mitted, provided  that  said  measure  be  one  which  the  respective 
board,  after  this  act  takes  effect,  have  a  legal  right  to  pass,  shall 
within  twenty  days  after  the  date  of  the  city  clerk's  certificate, 
either — (a) pass  said  measure  without  alteration,  subject  to  the 
referendum  vote  provided  by  this  act;  or,  (b)  the  board  of  alder- 
men shall  call  a  special  meeting  of  the  voters  to  be  held  on  a  Tues- 
day fixed  by  it  not  less  than  thirty  nor  more  than  forty-five  days 
after  the  date  of  the  city  clerk's  certificate  that  a  sufficient  petition 
has  been  filed,  and  shall  submit  the  proposed  measure  without  alter- 
ation to  a  vote  of  the  qualified  voters  of  the  city  at  that  meeting: 
provided,  however,  that  if  any  municipal  election  is  otherwise  to 
occur  within  ninety  days  after  the  date  of  said  certificate,  the 


1913]  Chapter  427.  1027 

board  of  aldermen  may  at  its  discretion  omit  the  special  meeting 
and  submit  the  proposed  measure  to  the  voters  at  such  other  pend- 
ing election. 

Sect.  101.     If  an  initiative  petition  be  signed  by  qualified  voters  if  signed  by  at 

-    .  .  ,     ,    .  .         ^  „  _       „     .  .  least  five  per  cent. 

equal  m  number,  except  as  provided  m  section  109  or  this  act,  to  at 
least  five  per  cent.,  but  less  than  twenty-five,  of  the  last  preceding 
vote  cast  in  the  city  for  all  candidates  for  governor  of  the  state,  as 
shown  in  the  manner  hereinbefore  provided,  and  said  proposed 
measure  be  not  passed  without  alteration  by  the  board  of  alder- 
men or  the  board  of  education  within  twenty  days,  as  provided  in 
section  100  of  this  act,  then  such  proposed  measure,  without  altera- 
tion, shall  be  submitted  by  the  board  of  aldermen  to  a  vote  of  the 
qualified  voters  of  the  city  at  the  next  municipal  election. 

Sect.  102.     The  board  of  aldermen  may,  of  its  own  motion,  and  Popular  vote  on 
shall,  upon  request  of  the  board  of  education  in  case  of  a  measure  b^^anT^of  edm;a- 
originating  with  said  board   of  education  and  pertaining  to  the  *'°°" 
affairs  under  its  administration,  submit  to  a  vote  of  the  qualified 
voters  of  the  city  for  adoption  or  rejection  at  a  general  or  special 
municipal  election,  any  proposed  measure,  or  a  proposition  for  the 
repeal  or  amendment  of  any  measure,  which  the  respective  board 
may,  after  this  act  takes  effect,  have  a  legal  right  to  pass,  in  the 
same  manner  and  with  the  same  force  and  effect  as  are  herein  pro- 
vided for  submission  on  petition. 

Sect.  103.  If  two  or  more  proposed  measures  passed  at  the  same  when  measures  in 
election  are  in  conflict  in  respect  of  any  of  their  provisions,  they  °°°^'°*- 
shall  go  into  effect  in  respect  of  such  of  their  provisions  as  are  not 
in  conflict.  In  each  case  of  conflicting  provisions  in  such  measures, 
that  one  of  the  provisions  in  conflict  shall  take  effect  which  was 
contained  in  that  one  of  such  measures  which  received  the  greatest 
number  of  affirmative  votes,  and  all  others  of  such  conflicting  pro- 
visions shall  be  void. 

Sect.  104.  The  enacting  clause  of  any  measure  adopted  by  the  Form  of  enacting 
qualified  voters,  upon  proposal  by  initiative  petition,  shall  be,  Be  ^ 
it  ordained  by  the  people  of  the  city  of  Nashua :  and  of  any  measure 
referred  to  the  people  by  the  board  of  aldermen  of  its  own  motion, 
or  upon  request  of  the  board  of  education,  as  provided  in  section 
102  of  this  act,  shall  be.  Be  it  ordained  by  the  people  of  the  City 
of  Nashua  upon  referendum  of  the  board  of  aldermen  thereof :  pro- 
vided, that  for  the  word  "ordained"  shall  be  substituted  the  word 
resolved  or  the  word  ordered  respectively,  if  the  measure  is  a  reso- 
lution or  order;  and  for  the  words  "Be  it  ordained"  shall  be  sub- 
stituted the  word  Voted  if  the  measure  is  a  vote. 

Sect.  105.     The  city  clerk  shall  print  and  distribute  at  his  office  Sample  ballots. 
to  qualified  voters  sample  ballots  together  with  the  text  of  every 
measure  to  be  submitted  to  a  vote  of  the  qualified  voters  of  the  city. 


1028 


Chapter  427. 


1913 


Form  of  ballots. 


Same    subject. 


Information  and 
arguments. 


Votes  cast  by 
women,  when 
considered. 


Meaning  of 
ified  voter." 


Prior  provisions 
saved    and   re- 
pealed; ordinance 
to  be  revised. 


Sect.  106.  The  ballots  used  when  voting  upon  such  proposed 
measure  shall  state  the  nature  of  the  measure  in  terms  sufficient  to 
show  the  substance  thereof.  If  a  majority  of  the  qualified  voters 
voting  on  any  proposed  measure,  which  has  been  duly  submitted  to 
them  as  herein  provided  and  which  falls  within  the  lawful  rights 
and  powers  of  the  city,  shall  vote  in  favor  thereof,  the  same  shall 
thereupon  go  into  effect. 

Sect.  107.  Provisions  shall  be  made  on  each  ballot  for  voting 
upon  all  proposed  measures  submitted  at  that  election ;  provided, 
that  no  measures  except  those  which  fall  entirely  within  the  rights 
and  powers  of  the  board  of  education  shall  appear  upon  the  ballots 
to  be  cast  by  women  voters. 

Sect.  108.  Provisions  not  in  conflict  herewith  shall  be  made  by 
ordinance  for  supplying  the  voters  with  information  and  arguments 
pro  and  con  upon  measures  submitted  to  a  vote  by  the  qualified 
voters  of  the  city  and  for  carrying  out  the  purposes  of  section  98 
to  109  inclusive,  of  this  act. 

Sect.  109.  For  the  purposes  of  this  act,  in  case  of  proposed 
measures  falling  within  the  rights  and  powers  of  the  board  of  edu- 
cation as  herein  set  forth,  the  number  herein  specified  as  that  to 
which  shall  be  applied  the  percentages  herein  established  for  fixing 
the  requisite  number  of  signatures  for  recall,  and  initiative  peti- 
tions, shall  be  increased,  before  applying  said  percentages,  by  the 
number  of  votes  cast  by  women  for  candidates  for  members  of  the 
board  of  education  at  the  last  election  at  which  that  office  was  filled. 

Sect.  110.  The  term  "qualified  voter"  wherever  it  occurs  in 
sections  98  to  109  both  inclusive,  of  this  act,  means  a  voter  qualified 
to  vote  for  the  elective  officers  within  whose  rights  and  powers  the 
proposed  measure  would  fall  under  this  act. 

Sect.  111.  So  much  of  the  original  charter  of  said  city,  and  of 
ithe  special  acts  since  passed  in  amendment  or  supplement  thereof 
as  is  now  in  force  relative  to  police  court,  police  commissioners, 
police  force,  fire  department  and  other  departments  and  officers  as 
is  referred  to  in  section  87  is  hereby  continued  in  force,  with  the 
exception  of  such  provisions  as  are  inconsistent  with  this  act;  but 
all  special  legislation  relative  to  the  government  of  said  city,  in- 
consistent with  the  provision  of  this  act  is  hereby  repealed.  All 
general  laws  relative  to  the  government  of  cities  shall  remain  in 
force  in  said  city  so  far  as  the  same  can  be  applied  consistently 
with  the  intents  and  purposes  of  this  act,  but  shall  be  deemed  super- 
seded as  to  said  city  by  this  act  so  far  as  inconsistent  herewith. 
The  board  of  aldermen  hereby  established  shall  cause  the  city  ordi- 
nances to  be  thoroughly  revised  conformably  with  this  act  as  soon 
as  practicable;  pending  such  revision  all  existing  ordinances  and 
other  municipal  regulations  shall  remain  in  force  so  far  as  the  same 


1913]  -  Chapter  427.  1029 

can  be  a])plied  consistently  with  the  intents  and  purposes  of  this 
act,  but  are  hereby'  annulled  so  far  as  inconsistent  herewith.  In  all 
existing  laws,  ordinances  and  regulations  hereby  saved,  references  to 
the  city  councils,  board  of  mayor  and  aldermen,  street  commissioner 
or  other  bodies  or  officers  hereby  abolished  or  superseded,  or  to 
bodies  or  officers  whose  constitution  or  functions  are  hereby  altered, 
shall  be  taken  to  mean  the  body  or  officer  upon  whom  jurisdiction  of 
the  matter  in  question  is  conferred  by  this  act. 

Sect.  112.  Part  1  of  this  act  shall  not  take  effect  until  accepted  Takes  effect, 
by  the  voters  of  the  city  as  herein  provided,  and  if  so  accepted,  it^'^'"'^- 
shall  take  effect  for  the  first  municipal  election  which  shall  be  held 
on  the  first  Tuesday  of  December  after  the  first  Monday  in  the  year 
1914.  For  all  other  purposes  Part  1  of  this  act,  if  accepted,  shall 
take  effect  at  ten  o'clock  in  the  forenoon  of  the  first  secular  day  of 
January,  1915. 

PART  2. 

Section  1.     The  inhabitants  of  the  city  of  Nashua  shall  continue  Corporate  exist- 
to  be  a  body  politic  and  corporate  under  the  name  of  the  "City  of  property  rights^ 
Nashua, ' '  and  as  such  to  enjoy  all  the  rights,  immunities,  powers  **^''' 
and  privileges  and  be  subject  to  all  the  duties  and  liabilities  now 
appertaining  to  or  incumbent  upon  them  as  a  municipal  corpora- 
tion.    All  existing  property  of  the  city  shall  remain  vested  in  it, 
and  all  its  existing  debts  and  obligations  shall  remain  obligatory 
upon  it,  under  this  revised  charter. 

Sect.  2.     The  city  shall  continue  to  be  divided  into  nine  wards  Division  into 
as  at  present  constituted,  and  except  as  herein  otherwise  provided, ''^'"*^^* 
the  general  laws  relative  to  wards  of  cities,  officers  thereof,  and 
voters,  checklists,  election  and  jurors  therein  shall  be  applicable  to 
such  wards. 

Sect.  3.     The  administration  of  all  the  fiscal,  prudential  and  Mayor  and  citj 

councils. 

municipal  affairs  of  said  city,  and  the  government  thereof,  shall  be 
vested  in  one  principal  officer,  to  be  styled  mayor,  who  shall  be 
chosen  by  the  legal  voters  of  said  city  at  large,  voting  in  their  re- 
spective wards ;  a  board  of  aldermen  and  common  council,  who  in 
their  joint  capacity,  shall  be  called  the  city  councils. 

Sect.  4.     All  citv  and  ward  officers  who  are  to  be  elected  bv  the  city   election, 

11  p     1       '    ■  p  Ti-  t'  when  held. 

legal  voters  ot  the  city  or  oi  any  ward  therein,  except  moderators, 
and  supervisors  of  the  checklist,  and  officers  by  this  act  excepted, 
shall  be  chosen  at  elections  to  be  holden  on  the  first  Tuesday  after 
the  first  Monday  of  November  in  the  year  1914,  and  biennially  there- 
after on  the  Tuesday  next  following  the  first  Monday  of  November, 
beginning  in  the  year  1915.  Said  elections  after  the  year  1914 
shall  be  called  municipal  elections. 


1030 


Chapter  427. 


[1913 


Existing  laws  ap- 
plicable to  first 
election. 


City    elections, 
where  held. 


Checklists. 


Elections,     by 
whom  conducted ; 
hours  for  voting. 


Preparation  of 
ballots. 


Nominations, 
how  made. 


Sect.  5.  All  provisions  of  the  present  laws  relating  to  city  and 
ward  elections,  nominations,  preparation  and  form  of  ballots,  filing 
with  the  secretary  of  state,  and  the  placing  of  candidates  to  be 
voted  for  on  the  general  ballot  as  well  as  returns,  inspections  and 
other  requirements  as  now  provided,  shall  apply  for  the  first  elec- 
tion under  this  charter  in  November,  1914.  In  municipal  elections 
thereafter,  the  provisions  hereinafter  set  forth  shall  apply. 

Sect.  6.  The  municipal  elections  shall  be  holden  at  the  regular 
polling  place  in  each  ward,  or  if  there  be  no  such  regular  polling 
place,  at  a  suitable  place  in  the  ward  provided  and  equipped  for 
that  purpose  by  the  supervisors  of  the  checklist  of  the  ward  at  the 
expense  of  the  city. 

Sect.  7.  The  supervisors  of  the  checklist  in  each  ward  shall 
make,  post  and  correct  a  checklist  for  use  at  each  election  in  a 
manner  in  which  checklists  are  by  law^  required  to  be  prepared  for 
use  at  general  biennial  elections.  All  provisions  of  the  Public 
Statutes  and  amendments  thereto  regarding  the  preparations,  use 
and  preservation  of  checklists  used  at  general  biennial  elections 
shall  apply  to  the  checklists  used  at  the  municipal  elections  except 
as  otherwise  expressly  provided  herein.  No  person  shall  be  entitled 
to  vote  at  any  municipal  election  who  would  not  be  entitled  to 
vote  in  the  same  ward  at  a  general  biennial  election  holden  on 
the  same  date. 

Sect.  8.  The  municipal  elections  shall  be  conducted  by  the  reg- 
ular election  officers  of  the  wards,  and  all  provisions  of  the  Public 
Statutes  and  amendments  thereto,  penal  or  otherwise,  relating  to 
the  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  except  in  so  far  as  they  are  modified  by  the  provisions  of 
this  act.  And  such  municipal  elections  shall  be  deemed  to  be  elec- 
tions within  the  meaning  of  all  penal  statutes  relating  to  offenses 
against  the  purity  of  elections.  The  polls  shall  be  open  at  each 
municipal  election  from  six  o'clock  in  the  forenoon  to  three  o'clock 
in  the  afternoon  in  each  ward.  This  shall  not  apply  to  the  election 
of  1914  which  will  be  held  under  the  present  law  on  the  day  of  the 
general  state  election. 

Sect.  9.  The  official  ballots  for  use  at  each  election  shall  be  pre- 
pared by  the  city  clerk,  at  the  expense  of  the  city,  and  no  other 
ballot  shall  be  used  at  such  elections. 

Sect.  10.  Candidates  to  be  voted  for  at  the  municipal  elections 
may  be  nominated  at  party  caucuses  duly  called  and  held  by  party 
organizations  of  such  parties  as  polled  three  per  cent.  (3%)  of 
the  total  vote  cast  at  the  last  preceding  state  election.  The  same 
qualifications  to  vote  at  said  caucuses  shall  apply  as  are  hereby  made 


1913]  Chapter  427.  1031 

qualifications  to  vote  at  the  municipal  elections,  provided  however, 
that  party  organizations  may  limit  participation  in  their  caucus  to 
voters  affiliated  with  their  party.  Caucuses  for  the  nomination  of 
candidates  to  be  voted  for  at  large  shall  be  called  by  the  chairman 
of  the  cit.y  executive  committee ;  those  for  candidates  to  be  voted 
for  by  wards,  by  the  chairman  of  the  ward  executive  committee  of 
each  party. 

Sect.  11.  Said  caucuses  shall  be  held  at  least  ten  days  before  Caucuses,  when  to 
said  municipal  election;  and  on  or  before  six  o'clock  p.  m.  on  the 
first  Wednesday  preceding  said  election,  the  president  and  secre- 
tary of  the  city  and  ward  organizations  of  said  parties  shall  issue 
and  file  with  the  city  clerk  of  said  Nashua  a  certificate  by  them  duly 
signed  of  the  nomination  of  candidates  for  all  offices  to  be  elected 
at  said  election  in  the  city  or  said  wards. 

Sect.    12.     A   plurality   of   votes   cast    for   candidates   at   said  Plurality  to 

1      11  •        .       ^  nominate. 

caucuses  shall  nominate. 

Sect.  13.     The  nomination  of  candidates  to  be  voted  for  at  said  Nomination  by 
municipal  election  may  be  made  by  petition  signed  by  legal  voters, 
whose  names  have  been  registered  by  the  inspectors  of  checklists. 

Sect.  14.     Such  petition  shall  be  substantially  according  to  the  Form  of  petition. 
following  form : 

We,  the  undersigned,  registered  voters  of  ward  (or  city) 

hereby  nominated ,  of  ward 

,  for  the  office  of 

to  be  voted  for  at  the  forthcoming  municipal  election,  and  request 
his  name  to  be  put  upon  the  official  ballot  as  an  independent  candi- 
date, and  we  certify  that  we  have  not  voted  in  any  party  caucus 
nor  will  we  participate  in  any  party  caucus,  at  this  municipal 
election. 

Sect.  15.     For  the  nomination  of  all  officers  selected  by  wards,  signatures  re- 
except  as  provided  in  section  10,  by  such  petition,  fifteen  signatures  officers.  '^^  ^**^ 
of  such  registered  voters  as  have  not  participated  in  party  caucuses, 
must  be  .obtained  from  the  ward  in  which  the  candidate  is  to  be 
voted  for. 

Sect.  16.     For  the  nomination  of  all  officers  elected  at  large,  fifty  For  officers  elected 
signatures  of  such  voters  as  have  not  participated  in  any  party "    ^  ^^' 
caucus  must  be  had  from  voters  registered  in  any  or  all  wards  of 
the  city. 

Sect.  17.  Such  petitions  must  be  filed  with  the  city  clerk  at  the  How  and  when 
same  time  as  provided  for  regular  caucus  nominees  in  section  11, 
together  with  a  certificate  from  the  board  of  inspectors  of  checklists 
that  the  names  subscribed  thereto  are  duly  registered  and  thereupon 
the  city  clerk  shall  put  such  nominees  upon  the  official  ballot  in  an 
independent  column. 


1032 


Chapter  427. 


[1913, 


Official  ward 
ballots. 


Form    of    ballots, 
sample  ballots, 
etc. 


How  printed  and 
marked. 


Inspection   of 
ballots  cast. 


Preservation   of 
ballots,   etc. ;   re- 
turn, how  made; 
result,  now 
declared. 


Sect.  18.  Thereupon  the  city  clerk  shall  make  record  and  keep 
on  file  said  certificate,  and  shall  forthwith  prepare  and  cause  to  be 
printed  at  the  expense  of  the  city,  official  ward  ballots  to  be  used 
in  said  municipal  elections,  placing  under  proper  party  emblems 
in  separate  columns  the  candidates  nominated  as  herein  before  pre- 
scribed, and  no  other  ballot  shall  be  used  at  said  election. 

Sect.  19.  The  official  ballots  prepared  by  the  city  clerk  for  use 
at  the  municipal  elections  shall  conform  as  nearly  as  may  be  in  form 
and  manner  of  folding  to  the  ballot  prepared  by  the  secretary  of 
state  for  use  at  general  biennial  elections.  All  provisions  of  the 
Public  Statutes  and  amendments  thereto  defining  the  duty  of  the 
secretary  of  state  with  reference  to  the  printing  and  distribution  of 
ballots,  sample  ballots,  cards  of  instruction  and  other  material  for 
use  at  general  biennial  elections,  shall  be  followed  by  the  city  clerk 
in  providing  like  material  for  use  at  the  municipal  elections,  except 
so  far  as  rendered  inapplicable  by  the  provisions  of  this  act. 

Sect.  20.  Said  ballots  shall  be  printed  on  white  paper  and  be 
plainly  marked,  Official  Ballot,  Municipal  Election,  and  subscribed 
by  the  facsimile  of  the  signature  of  the  city  clerk. 

Sect.  21.  Said  municipal  election  shall  be  conducted  by  the  duly 
constituted  officers  of  the  regular  biennial  election,  next  preceding 
said  municipal  election,  in  accordance  with  and  subject  to  all 
statutory  enactments  for  the  conduct  of  said  biennial  elections,  so 
far  as  not  inconsistent  with  this  charter.  If  any  person  for  whom 
a  vote  was  cast  and  recorded  for  any  office  at  a  municipal  election, 
before  the  expiration  of  seven  (7)  days  shall  apply  in  writing  to 
the  city  clerk  for  an  inspection  of  ballots  given  in  for  all  persons  for 
such  office  and  state  in  his  application  the  names  of  the  opposing  can- 
didates, the  city  clerk  shall  appoint  a  time  for  this  inspection  within 
seven  (7)  days  after  receipt  of  the  application.  Such  inspection 
shall  take  place  in  the  city  hall  and  the  city  clerk  shall  order  the 
applicant  to  give  notice  thereof  by  giving  to  each  of  the  opposing 
candidates  or  leaving  at  his  place  of  abode  a  copy  of  the  application 
and  order  of  notice  thereon  at  least  five  (5)  days  prior  to  the  date 
so  appointed  for  such  inspection.  At  the  time  and  place  so  ap- 
ppinted  the  city  clerk  shall  produce  the  ballots  and  they  shall  be 
open  to  the  inspection  of  the  candidates  and  their  counsel  under 
such  reasonable  rules  as  the  city  clerk  shall  prescribe,  and  such  in- 
spection shall  be  public. 

Sect.  22.  The  ballots  and  tally-sheets  used  at  each  municipal 
election  shall  be  sealed  up  in  a  manner  by  law  provided  in  case  of 
general  biennial  elections,  and  returned  by  the  ward  clerk  within 
twenty-four  hours  to  the  city  clerk.  A  return  of  the  results  of  the 
vote  in  each  ward  for  all  officers  to  be  chosen  at  such  election,  cer- 
tified by  the  moderator,  supervisors  of  the  checklist  and  ward  clerk, 


1913]  Chapter  427.  1033 

shall  be  made  to  the  city  clerk  within  the  same  time  on  blanks 
provided  by  him  for  that  purpose;  and  the  city  clerk  shall  im- 
mediately 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  municipal  election  to 
the  city  councils  in  joint  convention,,  at  a  meeting  to  be  holden  at 
seven  o'clock  in  the  afternoon  on  the  Tuesday  next  following  such 
election,  and  the  city  councils  shall  canvass  the  returns  and  declare 
the  result.  Such  declaration  shall  be  duly  recorded  by  the  city 
clerk  and,  except  by  law  now  provided,  shall  be  conclusive  as  to  the 
right  of  the  person  declared  elected  to  hold  the  offices  to  which  they 
are  so  declared  elected. 

Sect.  23.     In  case  of  any  municipal  election  two  or  more  candi  supplementary 

"  '■  election  in  case 

dates  for  an  office  elected  at  large  shall  receive  the  largest  and  an  of  tie  vote, 
equal  number  of  votes,  a  supplementary  election  for  such  office 
shall  be  held  on  the  third  Tuesday  after  such  municipal  elections, 
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 
thereof  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,  re- 
ceived the  largest  and  an  equal  number  of  votes. 

Sect,  24,  At  such  first  municipal  election  there  shall  be  chosen  Mayor,  aldermen, 
a  mayor  to  serve  for  one  year,  and  one  alderman  from  each  ward  ^ot  Tho°sen™^°' 
to  serve  one  year,  one  councilman  for  one  year  and  one  councilman 
for  three  years.  At  each  succeeding  municipal  election  there  shall 
be  chosen  a  mayor  to  serve  for  two  years,  one  alderman  from  each 
ward  to  serve  for  two  years,  and  one  councilman  to  serve  for  four 
years.  The  mayor,  aldermen  and  councilmen  so  chosen  shall  hold 
their  respective  offices  from  the  first  secular  day  of  January  next 
following  their  election,  for  the  terms  above  specified  and  until 
their  successors  are  chosen  and  qualified. 

Sect.  25.     The  mayor  and  city  councils  so  chosen  shall  meet  at  Oi"gamzation  of 

,   ,      -     .  „  T       n  '^^^y  councils,  etc. 

ten  o  clock  m  the  forenoon  on  the  first  secular  day  of  January  next 
following  their  election,  in  their  capacity  as  the  city  councils,  for 
the  purpose  of  taking  their  respective  oaths  of  office,  organizing, 
adopting  rules  for  the  transaction  of  business  by  such  boards,  elec- 
tion of  such  officers  as  are  by  law  or  ordinance  required  to  be 
elected,  and  transacting  any  other  business  required  by  law  or 
ordinance  to  be  transacted  at  such  meeting.  The  members  of  the 
board  of  education,  board  of  assessors,  board  of  inspectors  of  check- 
lists, and  all  other  officials  who  are  required  to  take  an  oath  of 
office  shall  meet  in  convention  with  the  city  councils  at  said  time 
and  take  their  respective  oaths  of  office. 


1034 


Chapter  427. 


[1913 


Absence   or   disa 
bility  of  mayor. 


Vacancy  in  office 
of  mavor,   how 
filled.  ■ 


General   powers 
and  duties  of 


Veto   power  of 
mayor. 


Sect.  26.  Whenever  the  mayor  shall  be  absent,  or  shall  be  dis- 
abled by  sickness  or  otherwise,  the  president  of  the  board  of  alder- 
men shall  act  as  mayor,  and  he  shall  have  all  the  powers  and  per- 
form all  the  duties  of  the  mayor  during  his  absence  or  disability. 

Sect.  27.  In  case  a  vacancy  occurs  in  the  office  of  mayor,  by 
death,  resignation,  or  otherwise,  the  president  of  the  board  of  alder- 
men, shall  act  as  mayor  and  shall  have  all  the  powers  and  perform 
all  the  duties  of  mayor  until  the  vacancy  shall  be  filled  by  election 
and  qualification  of  a  mayor.  As  soon  as  may  be  after  such  vacancy 
shall  occur  the  city  councils  shall  meet  and  declare  the  existence 
of  such  vacancy  and  the  cause  thereof,  whereupon  said  city  councils 
may  provide  for  a  special  election  to  fill  such  vacancy. 

Sect.  28.  The  mayor  shall  be  the  chief  executive  officer  of  the 
city,  and  cause  its  laws  and  ordinances  to  be  executed  and  enforced ; 
shall  exercise  a  general  supervision  over  the  conduct  of  all  subordi- 
nate officers  and  cause  violations  or  neglects  of  duty  by  them  to  be 
punished;  may  call  meetings  of  the  board  of  aldermen,  whenever 
in  his  opinion  there  is  occasion ;  shall  from  time  to  time  communicate 
to  each  of  said  boards  and  to  all  subordinate  officers,  such  informa- 
tion and  recommendations  relating  to  matters  within  their  re- 
spective jurisdiction  as,  in  his  judgment,  the  interest  of  the  city 
may  require ;  and  shall  have  and  perform  such  other  powers  and 
duties,  not  inconsistent  with  the  provisions  of  this  act,  as  now  or 
hereafter  may  be  conferred  or  imposed  upon  him  by  municipal 
ordinance  or  upon  mayors  of  cities  by  general  law. 

Sect.  29.  He  shall  have  a  negative  upon  all  ordinances,  resolu- 
tions and  votes  passed  by  the  city  councils,  except  such  as  relate 
(1)  to  the  time,  manner  or  order  of  its  session  or  procedure,  (2)  to 
the  filling  of  vacancies  in  its  own  membership,  the  choice  of  incum- 
bents of  other  municipal  offices  or  the  filling  of  vacancies  therein, 
.or  (3)  to  the  determination  of  the  nomination,  election  or  qualifi- 
cation of  candidates  or  officers  elected  at  municipal  elections,  the 
determination  of  the  fitness  of  applicants  for  licenses,  the  removal 
of  municipal  officers  for  cause,  the  assessment  of  land  damages  or 
other  matters  of  a  judicial  nature.  He  may  exercise  such  negative 
in  the  case  of  an  ordinance,  or  of  a  resolution  containing  an  appro- 
priation or  contemplating  an  expenditure  of  money,  by  written 
declaration  filed  with  the  city  clerk  within  seven  days  thereafter, 
stating  the  grounds  of  his  disapproval,  and  no  ordinance,  and  no 
such  resolution,  shall  take  effect  until  the  expiration  of  such  seven 
days  unless  first  signed  by  him.  In  the  case  of  an  ordinance  or  reso- 
lution containing  distinct  appropriations  or  other  severable  pro- 
visions, he  may  veto  one  or  more  of  such  appropriations  or  provi- 
sions and  approve  the  remainder  of  the  bill,  plainly  specifying 
above  his  signature  thereto  the  items  disapproved,  whereupon  the 


1913]  Chapter  427.  1035 

bill  shall  take  effect  in  accordance  with  its  terms  except  as  to  such 
items.  No  ordinance,  resolution  or  vote,  or  part  thereof  by  him 
vetoed  conformably  to  this  section,  shall  take  effect  unless,  on  re- 
consideration, the  same  shall  be  passed  over  his  veto  by  affirmative 
vote  of  at  least  two  thirds  of  each  body  on  roll  call. 

Sect.  30.     The  mayor  shall  be  chairman  of  all  boards  of  which  Salary  of  mayor. 
by  this  act  he  is  a  member,  and  shall  receive  in  full  payment  for  all 
services  the  annual  salary  of  fifteen  hundred  dollars,  payable  in 
equal  monthly  payments. 

Sect.  31.     The  board  of  aldermen  and  the  common  councils  shall  Appointment  of 
choose  from  their  respective  members  a  president  to  preside  over 
their  respective  boards.    Said  president  shall  have  the  appointment 
of  all  committees  by  law  now  provided  for  these  respective  boards. 

Sect.  32.     All  powers  exercised  by  the  mayor  as  a  member  of  the  Certain  powers  of 
board  of  mayor  and  aldermen,  and  as  presiding  officer  of  the  board  ™*^*""  abrogated. 
of  aldermen  and  common  council  acting  jointly  are  hereby  abro- 
gated.   And  all  powers  now  exercised  by  law  by  the  board  of  mayor 
and  aldermen,  except  as  herein  repealed,  shall  be  vested  in  the  board 
of  aldermen. 

Sect.  33.     The  president  of  the  board  of  aldermen  shall  preside  Presiding  officer 
at  all  joint  meetings  of  the  board  of  aldermen  and  common  council.  ^   ^"'"'^  meetings. 

Sect.  34.  Biennially,  beginning  on  the  first  day  of  January,  Sundry  officers, 
1915,  the  city  councils  shall  by  major  vote  elect  a  city  clerk,  a  city  ure"°f''office.  *^°' 
treasurer  whose  duties  shall  include  the  collection  of  taxes,  a  city 
solicitor,  a  city  physician,  a  board  of  health,  a  purchasing  agent, 
whose  duties  shall  include  the  care  of  the  city  poor,  a  city  sealer, 
an  inspector  of  petroleum  and  a  city  messenger.  All  of  said  officers 
shall  hold  their  respective  offices  for  two  years  or  until  their  suc- 
cessors are  elected  and  qualified,  unless  sooner  removed  for  sufficient 
cause  by  majority  vote  and  after  hearing ;  and  if  any  vacancy  shall 
occur  in  any  of  said  offices,  the  same  may  be  filled  by  election  as  in 
the  first  instance. 

Sect.  35.     In  addition  to  the  duties  now  or  hereafter  prescribed  Additional  duties 
for  the  city  clerk  by  law  or  ordinance,  he  shall  serve  as  clerk  of  all  °* "''''  '''^'■''• 
committees  selected  by  the  city  councils,  or  either  branch  thereof, 
at  such  additional  salary  as  the  city  councils  may  from  time  to  time 
provide. 

Sect.  36.     There  shall  be  in  the  city  a  board  of  public  works  com-  Board  of  public 
missioners  composed  of  the  mayor,  ex  officio,  and  two  members  to  ^g^  how™hosenT 
be  chosen  bv  the  qualified  voters  of  the  city  at  large,  voting  in  their  ™^*"'"^  "S*^^' 

■  ^  .'  o    J  o  powers  and  duties 

respective  wards.  At  the  first  election  to  be  holden  under  this  act,  <>'  board, 
there  shall  be  elected  from  candidates  nominated  as  provided  in 
sections  10  and  14,  two  members  of  the  board  of  public  works  com- 
missioners, one  for  a  term  of  three  years  and  one  for  a  term  of  one 
year,  and  at  each  subsequent  municipal  election  there  shall  be 
elected  one  member  for  the  full  term  of  four  years,  and  the  members 

37 


1036  Chapter  427.  [1913 

so  chosen  shall  hold  their  respective  offices  from  the  first  of  January 
next  following  their  election  for  the  term  specified  and  until  their 
successors  are  chosen  and  qualified. 

The  term  "board"  as  hereinafter  used  shall  mean  the  board  of 
public  works  hereby  created. 

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,  appliances  and 
buildings  that  are  or  may  be  constructed  or  erected  thereon. 

The  term  "highways"  shall  include  all  public  avenues,  streets, 
roads,  thoroughfares,  sidewalks,  lanes,  alleys,  bridges  and  culverts. 

The  term  "public  utility"  shall  include  every  corporation,  com- 
pany, 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  furnishing  of  light,  heat  or  power 
for  the  public. 

The  term  "sewers"  shall  include  all  public  sewers  and  drains  com- 
prising the  city  sewerage  system. 

The  term  "street  cleaning"  shall  mean  the  cleaning,  sweeping 
and  washing  of  highways,  the  collecting,  removing  and  disposing 
of  garbage,  ashes,  refuse  (excepting  dead  animals),  waste,  and  snow 
and  ice. 

The  board  shall  have  full  charge,  supervision,  management  and 
control  of  the  building,  constructing,  repairing  and  maintaining 
of  all  city  yards,  and  the  maintaining  and  carrying  on  of  street 
cleaning;  they  shall  have  the  expenditures  of  all  appropriations 
which  the  city  councils  shall  from  year  to  year  vote  for  such  pur- 
poses, and  all  bills  and  payrolls  for  expenditures  from  the  appro- 
priations voted  from  year  to  year  by  said  city  councils  for  such 
purposes,  shall  be  approved  by  said  board  of  public  works  commis- 
sioners 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  p'^-mitted  bv  vote 
of  the  board  of  mayor  and  aldermen  to  be  placed  in,  over,  under  or 
along  said  highways. 

Said  board  shall  annually  in  the  month  of  February  transmit  to 
the  city  councils,  an  estimate  of  the  appropriations  required  for  the 
maintenance  of  parks,  city  yards  and  street  cleaning,  for  the  con- 


1913]  Chapter  427.  1037 

striicting,  repairing  and  maintaining  of  highways  and  sewers  in  said 
city  for  the  ensuing  year,  and  they  shall  make  a  detailed  report  to 
the  city  councils  of  the  doings  of  said  board,  for  the  year  ending 
December  31  of  each  year.  The  board  shall  make  such  rules  and 
regulations  governing  the  conduct  of  the  business  contemplated 
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  and  the 
various  city  departments  and  officials  of  said  city  now  having  con- 
trol of  the  matters  covered  in  this  act. 

Said  board  shall  appoint  a  civil  engineer  as  agent  of  said  board, 
for  a  term  of  four  years  from  the  first  Tuesday  of  January,  1915, 
and  thereafter  in  every  fourth  year,  to  hold  office  until  his  suc- 
cessor is  appointed  and  qualified,  the  official  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  con- 
templated under  this  act.  The  duties  of  the  engineer  shall  be  ad- 
ministrative and  executive  in  nature,  and  to  him  shall  be^  committed 
the  carrying  into  effect  or  to  completion  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,  equipment,  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  ma^ 
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  carry- 
ing into  effect  or  to  completion  the  work  contemplated  under  this 
act.  The  engineer  shall  act  as  clerk  of  the  board,  without  a  vote, 
and  shall  perform  all  the  duties  heretofore  pertaining  to  the  office 
of  the  chief  engineer  of  the  city.  For  their  services  the  commis- 
sioners and  all  agents  as  aforesaid  shall  receive  such  compensation 
as  the  city  councils  may  from  time  to  time  determine. 

Sect.  37.     There  shall  be  in  the  city  a  board  of  police  commis-  Board  of  police 
sioners  composed  of  the  mayor,  ex  officio,  and  two  members  to  be  how^ehosen '%ow- 
chosen  bv  the  qualified  voters  of  the  city  at  large,  voting  in  their  «''t^°'i  ^"*'^^' 

.   ■  .  o    T  o  police  force,  how 

respective  wards.  At  the  first  election  to  be  holden  under  this  act.  constituted, 
there  shall  be  elected  from  candidates  nominated,  as  provided  in 
sections  10  and  14,  two  members  of  the  board  of  police  commis- 
sioners, one  for  a  term  of  three  years  and  one  for  a  term  of  one 
year,  and  at  each  subsequent  municipal  election  there  shall  be 
elected  one  member  for  the  full  term  of  four  years,  and  the  members 
so  chosen  shall  hold  their  respective  offices  from  the  first  of  January 
next  following  their  election  for  the  term  specified  and  until  their 
successors  are  chosen  and  qualified. 


1038  Chapter  427.  [1913 

The  said  commission  shall  have  full  power  and  control  of  the 
police  department  including  the  appointment  and  removal,  uni- 
forming and  organizing  of  police  officers,  and  shall  make  all  rules 
for  the  government  of  the  police  force  and  shall  enforce  their  au- 
thority either  by  suspension  or  expulsion.  They  shall  elect  one  of 
their  number  who  shall  act  as  clerk,  and  keep  a  record  of  all  pro- 
ceedings, issue  all  notices  and  attest  all  such  papers  and  orders 
as  said  board  shall  desire.  They  shall  make  a  detailed  report  of 
their  doings  quarterly  to  the  city  councils.  The  records  of  said 
board  shall  at  all  times  be  open  to  the  inspection  of  any  member  of 
the  city  councils. 

The  police  force  of  said  city  shall  consist  of  a  city  marshal, 
assistant  city  marshal,  captain  of  the  night  w^atch,  who  shall  de- 
vote their  whole  time  to  their  said  duties  and  Avho  shall  not  be 
engaged  or  engage  in  any  other  business  or  occupation,  or  hold  any 
state,  county,  or  other  municipal  office,  and  policemen  not  exceeding 
eighty,  all  of  whom  shall  be  appointed  by  the  police  commissioners, 
and  who  shall  serve  during  good  behavior  and  while  competent  to 
discharge  the  duties  of  the  office.  The  police  commissioners  shall 
have  the  right  to  remove  any  member  of  the  police  force  at  any 
time  for  good  and  sufficient  cause  and  after  a  due  hearing,  and 
such  cause  shall  be  expressed  in  the  order  of  removal. 

The  police  commissioners  shall  have  full  power  to  make  all  rules 
for  the  government  of  the  police  force,  and  to  enforce  said  rules, 
either  by  suspension  or  expulsion  from  the  force,  as  they  see  fit. 

The  said  board  shall  elect  one  of  their  number  who  shall  act  as 
clerk  and  keep  a  record  of  all  proceedings,  issue  all  notices,  and 
attest  all  such  papers  and  orders,  as  said  board  shall  desire. 

The  compensation  of  the  commissioners  and  all  members  of  the 
police  force  shall  be  fixed  from  time  to  time  by  the  city  councils 
and  the  total  amount  expended  for  the  maintenance  of  said  police 
force  shall  at  no  time  exceed  the  amount  appropriated  for  that  pur- 
pose by  the  city  councils. 

The  said  board  of  police  commissioners  shall  annually,  in  the 
month  of  February,  send  to  the  city  councils  an  estimate  in  detail 
of  the  appropriations  required  for  the  maintenance  of  the  police 
department  during  the  financial  year.  All  of  the  expenditures  from 
the  appropriation  for  the  police  department  shall  be  approved  by 
the  board  of  police  commissioners  before  they  are  paid  by  the  city 
treasurer. 

The  powers  of  the  mayor,  as  defined  in  section  23  of  the  city 
charter,  shall  not  be  impaired  by  this  act. 
Board  of  Are  com-  Sect.  38.  There  sliall  be  in  the  city  a  board  of  fire  commissioners 
^osenT^powerl  composcd  of  the  mayor,  ex  officio,  and  two  members  to  be  chosen  by 
depanmenV  h'ow  ^^^  qualified  votcrs  of  the  city  at  large,  voting  in  their  respective 
constituted.  wards.    At  the  first  election  to  be  holden  under  this  act,  there  shall 


1913]  Chapter  427.  1039 

be  elected  from  candidates  nominated,  as  provided  in  sections  10 
and  14,  two  members  of  the  board  of  fire  commissioners,  one  for  a 
term  of  three  years  and  one  for  a  term  of  one  year,  and  at  each 
subsequent  municipal  election  there  shall  be  elected  one  member 
for  the  full  term  of  four  years,  and  the  members  so  chosen  shall 
hold  their  respective  offices  from  the  first  of  January  next  following 
their  election  for  the  term  specified  and  until  their  successors  are 
chosen  and  qualified. 

The  fire  commission  shall  have  full  power  and  control  of  the  fire 
department  including  the  appointment  and  removal,  uniforming 
and  organizing  of  firemen,  and  shall  make  all  rules  for  the  gov- 
ernment of  the  firemen  and  shall  enforce  their  authority  either  by 
suspension  or  expulsion.  They  shall  elect  one  of  their  number  who 
shall  act  as  clerk,  and  keep  a  record  of  all  proceedings,  issue  all 
notices  and  attest  all  such  papers  and  orders  as  said  board  shall 
desire.  They  shall  make  a  detailed  report  of  their  doings  quarterly 
to  the  city  councils.  The  records  of  said  board  shall  at  all  times 
be  open  to  the  inspection  of  any  member  of  the  city  councils. 

The  fire  department  of  the  city  of  Nashua  shall  consist  of  a  chief 
engineer,  who  shall  have  control  of  the  fire-alarm  telegraph,  and 
four  assistant  engineers,  and  such  engine-men  and  other  members 
as  the  board  of  fire  commissioners  may  deem  necessary,  not  exceed- 
ing one  hundred  and  twenty  men. 

The  fire  commissioners  shall  make  such  rules  and  regulations  for 
their  own  government  and  for  the  government  of  all  other  officers 
and  members  of  the  fire  department,  also  all  buildings  and  ap- 
paratus and  horses  now  used  for  the  transportation  of  apparatus 
in  case  of  fire  ^nd  the  said  horses  so  used  are  hereby  transferred 
to  the  fire  department),  as  they  may  deem  expedient.  For  their 
services  the  fire  commissioners  shall  receive  such  compensation  as 
the  city  councils  may  from  time  to  time  determine. 

The  board  of  engineers,  the  janitor,  and^all  permanent  men  shall 
be  appointed  by  said  board  to  serve  during  good  behavior,  and  so 
long  as  they  are  competent  to  discharge  the  duties  of  their  respective 
positions. 

The  said  board  of  fire  commissioners  and  engineers  shall  annually, 
in  the  month  of  February,  send  to  the  city  councils  an  estimate  in 
detail  of  the  appropriations  required  for  the  maintenance  of  the  fire 
department  during  the  financial  year.  All  bills  for  expenditures 
from  the  appropriation  for  the  fire  department  shall  be  approved 
by  the  fire  commissioners  before  they  are  paid  by  the  city  treasurer, 
and  the  salaries  of  the  engineers,  janitors,  and  other  permanent  men 
and  all  members  of  the  fire  department  shall  be  regulated  by  the 
city  councils. 


1040  Chapter  427.  [1913 

The  board  of  engineers  shall  have  all  powers  possessed  by  fire- 
wards  in  the  extinguishment  of  fires. 
Board  of  sinking       Sect.  39.     There  shall  be  a  board  of  sinking  fund  trustees  in  said 
chofen'i^duHes'^''^^  city  consistiug  of  three  members,  one  of  whom  shall  be  the  mayor, 
who  shall  be  chairman  thereof. 

On  the  first  day  of  January,  1915,  the  city  councils  shall  by  major 
vote  elect  two  members  of  the  board  of  sinking  fund  trustees,  one 
to  serve  for  one  year  and  one  for  three  years  from  said  date,  and 
f  until  their  successors  are  chosen  and   qualified ;  and   thereafter, 

biennially,  beginning  on  the  first  day  of  January,  1916,  the  city 
councils  shall  by  major  vote  elect  one  member  of  said  board  to  serve 
for  four  years  from  said  date  and  until  his  successor  is  chosen  and 
qualified. 

This  board  shall  perform  such  duties  as  are  now  prescribed  by 
law  or  such  as  may  from  time  to  time  be  prescribed  and  shall  receive 
for  their  services  such  compensation  as  the  city  councils  may  by 
ordinance  allow. 
Purchasing  agent;      Sect.  40.     On  the  first  day  of  January,  1915,  and  biennially 
*^*^'"^^'  thereafter,  the  city  councils  shall  by  major  vote  choose  a  purchasing 

agent,  whose  duties  shall  include  the  care  of  the  city  poor,  to  serve 
for  two  years  from  said  date  and  until  his  successor  is  chosen  and 
qualified.  Said  officer  shall  be  knoM^n  as  the  purchasing  agent  and 
overseer  of  the  poor,  and  shall  have  an  office  at  the  city  hall.  His 
duties  shall,  in  addition  to  the  care  of  the  city  poor,  be  to  contract 
for  and  purchase  all  supplies  for  the  several  departments  in  amounts 
in  excess  of  ten  dollars  upon  order  furnished  him  by  the  depart- 
ments. Whenever  the  amount  to  be  purchased  exceeds  in  value  fifty 
dollars,  he  shall  submit  same  to  competitive  bidding  in  open  market 
whenever  feasible.  He  shall  keep  a  duplicate  of  all  orders  issued  by 
him  for  supplies  and  submit  same  to  the  finance  committee  of  the 
city  councils. 

He  shall  perform  such  duties  and  receive  such  compensation  in 
full  for  his  services  as  the  city  councils  may  from  time  to  time  by 
ordinance  prescribe. 

Contracts  over  which,  by  law  or  ordinance  now  in  force,  the  city 

councils  have  jurisdiction  shall  not  be  subject  to  the  terms  of  this 

section. 

Board  of  educa-        Sect.  41.     There  shall  be  continued  in  said  city  a  school  com- 

duMes.  "^  *^  °^^"'mittee  which  shall  be  styled  the  board  of  education,  which  shall 

consist  of  twelve  members. 

John  H.  Field,  Charles  W.  Howard,  Arthur  K.  Woodbury  and 
Arthur  L.  Wallace  shall  continue  to  hold  the  offices  they  now  hold 
until  December  31,  1914;  John  D.  Gardiner,  Frank  P.  Rideout, 
Ernest  W.  Gray  and  Walter  F.  Norton  until  December  31,  1915; 


1913]  Chapter  427.  1041 

and  Samuel  Dearborn,  Albert  J.  McKean,  Frank  B.  Clancy  and 
James  L.  Bickford  until  December  31,  1917. 

At  the  election  to  be  holden  under  this  act  in  1914  four  members 
of  said  board  shall  be  chosen  by  the  qualified  voters  of  the  city, 
voting  in  their  respective  wards,  to  serve  for  five  years,  beginning 
January  1,  1915,  and  until  their  successors  are  chosen  and  qualified  : 
and  biennially,  beginning  in  the  year  1915,  at  the  municipal  elec- 
tion there  shall  be  chosen  by  the  qualified  voters  of  the  city,  voting 
in  their  respective  wards,  four  members  of  said  board  to  serve  for 
six  years  from  January  1  subsequent  to  said  election  and  until  their 
successors  are  chosen  and  qualified. 

Said  board  shall  perform  such  duties  as  are  prescribed  now  by 
law  or  such  as  may  from  time  to  time  be  prescribed.  They  shall 
elect  one  of  their  members  as  president  and  one  as  clerk  for  the 
term  of  two  years  from  their  biennial  organization,  and  no  member 
shall  receive  compensation  for  his  services  except  the  clerk  who 
shall  receive  such  remuneration  as  the  city  councils  by  ordinance 
may  from  time  to  time  prescribe. 

Sect.  42.  There  shall  be  in  the  city  a  board  of  assessors  con-  Board  of  assessors, 
sisting  of  three  members,  who  shall  have  all  the  powers  and  be  duties, 
subject  to  all  the  liabilities  by  law  conferred  or  imposed  on  assess- 
ors of  taxes  in  cities,  and  perform  such  further  duties  as  the  city 
councils  may  from  time  to  time  by  ordinance  prescribe.  The  first 
members  of  such  board  of  assessors  shall  be  chosen  by  vote  of  the 
qualified  voters  of  the  city,  voting  in  their  respective  wards,  on 
the  first  Tuesday  next  following  the  first  Monday  in  November,  1915, 
to  serve  respectively  one  for  two  years,  one  for  four  years,  and  one 
for  six  years  from  the  first  day  of  January,  1916,  and  until  their 
successors  are  chosen  and  qualified  ;  and  biennially  thereafter  on  the 
first  Tuesday  next  following  the  first  Monday  of  November  the 
qualified  voters  of  the  city,  voting  in  their  respective  wards  shall 
choose  one  assessor  to  serve  for  six  years  from  January  1  following 
said  election  and  until  his  successor  be  chosen  and  qualified. 

Charles  H.  Runnells,  Arthur  Cotton,  Wilfred  Robichaud,  Henry 
H.  Davis,  Daniel  D.  Coffey  and  James  H.  Waters  shall  hold  their 
respective  offices  until  December  31,  1915,  and  shall  receive  for  their 
services  the  salary  now  provided  by  law. 

The  board  hereby  created  shall  receive  such  compensation  and  be 
governed  by  such  rules  as  the  city  councils  may  by  ordinance 
provide. 

Sect.  43.     On  the  first  day  of  January,  1915,  the  city  councils  Board  of  health, 
shall  choose  a  board  of  health  consisting  of  three  members,  two  of  duties. 
whom  shall  be  physicians  and  the  third  a  layman,  all  citizens  of 
Nashua,  to  serve  one  for  two,  one  for  four,  and  one  for  six  years, 
from  said  date  and  until  their  successors  are  elected ;  and  biennially 


1042 


Chapter  427. 


[1913 


Compensation  of 
city  officials  and 
employees. 


Recall,    ho-vf 
exercised. 


Certain   o£5ceB   iH' 
compatible. 


thereafter  one  member  shall  be  chosen  by  the  city  councils  for  six 
years,  and  nntil  his  successor  is  chosen  and  qualified.  Said  board 
shall  have  cognizance  and  control  of  all  matters  relating  to  health 
now  vested  by  law  in  the  board  of  health.  They  shall  select  a 
health  officer  who  shall  be  milk  inspector  and  perform  all  duties  by 
said  board  ordained  and  by  the  city  councils  by  ordinance  from 
time  to  time  prescribed.  For  such  services  the  health  inspector 
shall  receive  such  compensation  as  the  city  councils  provide.  Said 
board  shall  serve  without  compensation. 

Sect.  44.  The  compensation  of  all  city  officials  and  employees 
not  herein  otherwise  provided  for  shall  be  fixed  from  time  to  time 
by  the  city  councils,  and  the  total  amount  expended  for  the  main- 
tenance of  any  department  shall  at  no  time  exceed  the  amount  ap- 
propriated for  that  purpose  by  the  city  councils  without  their 
sanction  by  vote  expressly  given. 

Sect.  45.  Any  city  official  elected  by  the  qualified  voters  of  a 
ward  or  city,  voting  in  their  respective  wards,  and  aldermen  and 
councilmen  may  be  recalled. 

For  the  recall  of  an  official  elected  by  the  voters  of  the  city  at 
large  there  shall  be  required  a  petition  addressed  to  the  city  councils 
demanding  the  same,  signed  by  at  least  forty  per  cent,  of  the  reg- 
istered voters  of  the  city  as  shown  by  the  records  of  the  board  of 
inspectors  at  the  election  preceding  the  presentation  of  said  peti- 
tion ;  for  the  recall  of  an  alderman  or  councilman  there  shall  be 
required  a  petition  addressed  to  the  body  of  which  the  one  to  be 
recalled  is  a  member,  demanding  the  same,  signed  by  at  least  forty 
per  cent,  of  the  registered  voters  of  the  ward  from  which  said 
official  was  elected,  as  shown  by  the  records  of  the  board  of  in- 
spectors at  the  election  preceding  said  demands.  Said  petition  shall 
bear  the  certificate  of  the  board  of  inspectors  showing  that  the 
names  attached  are  of  voters  duly  qualified  to  sign  as  above  set 
forth. 

Upon  the  fulfillment  of  the  above  requirements,  the  city  councils 
or  either  board  as  above  provided  shall  forthwith  decree  that  an 
election  be  held  within  thirty  days  under  the  same  requirements  as 
are  provided  for  at  the  municipal  election,  except  that  seven  days' 
notice  to  the  public  of  the  same  shall  be  sufficient.  At  such  elec- 
tion the  successful  candidate  shall  be  elected  to  fill  out  the  un- 
expired term. 

All  city  officials  elected  by  the  city  councils  under  this  act  may 
be  removed  for  cause  after  hearing  by  a  majority  vote  of  said 
councils. 

Sect.  46.  No  alderman  or  councilman  shall,  during  his  term  as 
such,  be  eligible  to  hold  any  other  municipal  office  except  acting 
mayor,  and  no  board  or  commission  established  in  the  city  and 


1913]  Chapter  427.  1043 

empowered  to  select  subordinates  shall,  except  where  expressly  au- 
thorized by  the  law  or  ordinance  creating  it,  select  one  of  its  own 
members  for  any  position  to  which  a  salary  or  other  emolument  is 
attached. 

Sect.  47.  No  member  of  the  city  councils  or  other  officer  shall,  i^aiings  °^ 
during  his  term  of  office,  sell  to  or  buy  from  the  city  any  goods  or  etc. 
commodities  otherwise  than  by  open,  competitive  public  bid ;  no 
member  of  the  board  of  assessors  shall  participate  in  the  appraisal 
for  taxation  of  any  property  in  which  he  is  interested,  either  alone 
or  with  others,  as  owner,  trustee,  administrator,  agent  or  attorney 
or  which  is  owned  by  a  person,  firm  or  corporation  employing  him 
or  by  a  corporation  in  which  he  is  a  stockholder;  and  no  member 
of  the  city  councils  or  any  other  municipal  body  invested  by  law 
or  ordinance  with  discretionary  powers  and  duties,  shall  vote  therein 
relative  to  any  matter  in  which  he  is  interested  otherwise  than  as 
a  citizen  and  taxpayer. 

Unless  otherwise  provided  by  this  act  or  by  other  statutes  not 
hereby  repealed  or  superseded,  the  compensation  for  services  of 
all  other  city  and  ward  officers,  may  be  fixed  by  ordinance  or  de- 
termined in  such  manner  as  the  city  ordinances  may  prescribe. 

Sect.  48.     So  much  of  the  original  charter  of  said  city,  and  of  Prior  provisions 

,    ,1  n  saved    and    re- 

the  special  acts  since  passed  in  amendment  or  supplement  thereor  peaied;  ordi- 
as  is  now  in  force  relative  to  police  court,  and  other  public  officers  re  °ised.  ** 
is  hereby  continued  in  force,  with  the  exception  of  such  provisions 
as  are  inconsistent  with  this  act ;  but  all  special  legislation  relative 
to  the  government  of  said  city,  inconsistent  with  the  provision  of 
this  act  is  hereby  repealed.  All  general  laws  relative  to  the  gov- 
ernment of  cities  shall  remain  in  force  in  said  city  so  far  as  the 
same  can  be  applied  consistently  with  the  intents  and  purposes  of 
this  act,  but  shall  be  deemed  superseded  as  to  said  city  by  this  act 
so  far  as  inconsistent  herewith.  The  city  councils  hereby  established 
shall  cause  the  city  ordinances  to  be  thoroughly  revised  conformably 
with  this  act  as  soon  as  practicable;  pending  such  revision  all  ex- 
isting ordinances  and  other  municipal  regulations  shall  remain  in 
force  so  far  as  the  same  can  be  applied  consistently  with  the  intents 
and  purposes  of  this  act,  but  are  hereby  annulled  so  far  as  incon- 
sistent herewith.  In  all  existing  laws,  ordinances  and  regulations 
hereby  saved,  references  to  the  city  councils,  board  of  mayor  and 
aldermen,  street  commissioner  or  other  bodies  or  officers  hereby 
abolished  or  superseded,  or  to  bodies  or  officers  whose  constitution 
or  functions  are  hereby  altered,  shall  be  taken  to  mean  the  body 
or  officer  upon  whom  jurisdiction  of  the  matter  in  question  is  con- 
ferred by  this  act. 


1044  Chapter  427.  [1913 

Present  incum-         Sect.   49.     The  incumbents,  when  this  act  takes  effect,  of  all 

in  office.  municipal  offices  not  hereby  abolished  or  superseded  shall  continue 

to  hold  the  same  until  their  successors  are  chosen  and  qualified  or 

such  offices  are  abolished  or  superseded  by  lawful  ordinances. 

Takes  effect,  Sect.  50.     So  much  of  this  act  as  relates  to  the  preliminaries  for, 

■when. 

and  the  holding  and  conduct  of,  the  first  municipal  election  and 
to  the  duties  of  the  existing  city  councils  in  relation  to  such  election, 
shall  take  effect  upon  its  passage.     For  all  other  purposes  this  act 
shall  take  effect  on  the  first  secular  day  of  January,  1915. 
Same  subject.  Sect.  51.     Part  2  of  this  act  shall  not  take  effect  until  accepted 

by  the  voters  of  the  city  as  herein  provided,  and  if  so  accepted,  it 
shall  take  effect  for  the  first  municipal  election  which  shall  be  held 
on  the  first  Tuesday  after  the  first  Monday  in  November  in  the  year 
1914.  For  all  other  purposes  Part  2  of  this  act  shall  take  effect  at 
ten  o'clock  in  the  forenoon  of  the  first  secular  day  of  January,  1915. 

PART  3. 

Act  to  be  submit-  SECTION  1.  This  act  shall  be  submitted  to  the  registered  voters  of 
the  city  of  Nashua  at  the  special  election  provided  for  in  this  act, 
Tuesday,  June  10,  1913. 

Ballot.  Sect.  2.     A  ballot  such  as  is  provided  for  in  section  4  of  part  3 

of  this  act  shall  be  provided  by  the  city  clerk  at  the  expense  of  the 
city. 

Questions  to  be       Sect.  3.     At  the  Said  special  election  the  qualified  voters  shall 

Toted  upon.  ^.^^^  primarily  on  the  following  question,  namely :  Shall  the 
present  charter  of  the  city  of  Nashua  be  repealed?  And  second- 
arily on  the  following  question,  namely:  If  the  present  charter 
of  the  city  is  repealed,  shall  the  new  charter  of  the  city  be  Plan  1 
or  Plan  2?  If  on  a  majority  of  the  ballots  cast  at  said  meeting, 
the  voters  shall  be  for  a  repeal  of  the  present  charter  of  the  city 
of  Nashua,  the  plan  receiving  the  larger  number  of  votes  on  the 
secondary  question  shall  be  adopted  as  the  charter  of  the  city,  but 
should  there  be  a  tie  vote  on  the  secondary  question  the  present 
charter  shall  remain  in  force.  Plan  1  shall  include  all  the  provisions 
of  Part  1  of  this  act,  and  if  said  Plan  is  adopted,  Part  2  of  this  act 
shall  be  inoperative.  Plan  2  shall  include  all  the  provisions  of  Part 
2  of  this  act,  and  if  Plan  2  is  adopted.  Part  1  of  this  act  shall  be 
inoperative.  If  on  any  ballot,  the  voter  shall  vote  for  both  Plan  1 
and  Plan  2,  so  much  of  said  ballot  as  refers  to  the  second  question 
shall  not  be  counted. 

Form  of  ballots.       Sect.  4.     The  ballots  shall  be  substantially  oi  this  form : 


1913]  Chapter  427.  1045 

City  of  Nashua,  Special  Election  on  the  10th  day  of  June,  1913. 

FIRST  QUESTION. 

Shall  the  present  charter  of  the  city  of  Nashua  be  repealed? 
(Make  a  cross,  (X)  opposite  and  to  the  right  of  either  the  word 
YES  or  the  word  NO  in  this  ballot.) 


YES 


NO 


(After  making  a  cross,    (X)    as  above  directed,  indicate  by  a 
cross,  (X)  your  vote  upon  the  following  question:) 

SECOND  QUESTION. 

If  the  present  charter  of  the  city  is  repealed,  shall  the  new 
charter  be 


Plan  1  (Single  board,  Non-Partisan' 


Plan  2  (Dual  board,  Partisan) 


(Do  not  vote  but  one  way  on  the  latter  question,  that  is,  vote 
either  for  Plan  1  or  Plan  2.    Do  not  vote  for  both.) 

Sect.  5.     So  much  of  this  act  as  provides  for  its  submission  to  Provision  takes 
the  voters  of  the  city  of  Nashua  shall  take  effect  upon  its  passage.      ^^^^^  °^  passage. 

Sect.  6.     The  selectmen  of  the  several  wards  in  said  city  shall  Meetings,  how 

1  .  .         1      .  .  ,  ,  I  warned, 

warn  the  meeting  m  their  respective  wards  to  pass  upon  the  adop- 
tion of  this  act  in  the  manner  required  for  the  warning  of  regular 
biennial  elections.  They  shall  insert  in  their  warrant  an  article 
providing  for  taking  the  sense  of  the  qualified  voters  upon  the  two 
questions  herein  stated  in  this  Part  3  of  this  act,  namely :  First ; 
Shall  the  present  charter  of  the  city  of  Nashua  be  repealed  ?  Sec- 
ond ;  If  the  present  charter  of  the  city  is  repealed,  shall  the  new 
charter  be  Plan  1  (single  board,  non-partisan)  or  Plan  2  (dual 
board,  partisan)  ? 


1046  Chapter  427.  [1913 

Ballots,   prepara-      Sect.  7.     It  shall  be  the  duty  of  the  city  clerk  at  the  expense  of 

tion   and   distribu-    ,  -.       .  ,      i  i  •     .     n  n  ,  .  -, 

tion  of;  conduct  the  City  to  causc  to  be  prepared,  printed  and  authenticated,  as  pro- 
Turn!  ^hoT 'ma"e ;  "^'ided  by  the  constitution  and  laws  of  the  state  and  as  required  in 
cia?ed;^pTov1sionPart  3  of  this  act,  a  sufficient  number  of  suitable  ballots  to  take 
for  recount.  the  scusc  of  the  votcrs  upon  the  questions  to  be  submitted  to  them, 

as  specified  in  Part  3  of  this  act,  which  ballots  shall  be  furnished 
by  him  to  the  proper  ward  officers  of  each  ward  as  required  in  the 
case  of  general  elections.  Said  election  shall  be  conducted  by  the 
regular  election  officers  in  each  ward,  and  all  laws  applicable  to 
regular  biennial  elections  with  reference  to  the  correcting,  revis- 
ing, use  and  preservation  of  checklists,  the  preparation  of  voting 
places,  the  manner  of  conducting  the  election,  the  counting,  record 
and  return  of  votes,  the  sealing  and  preservation  of  ballots  and 
tally-sheets,  and  the  duties  of  election  officers,  shall  apply  to  and 
govern  said  election,  except  as  herein  expresslj'  modified.  The 
polls  shall  be  open  for  the  reception  of  ballots  in  each  ward  from  9 
o'clock  in  the  forenoon  until  3  o'clock  in  the  afternoon.  The  of- 
ficial return  of  the  vote,  and  the  ballots  and  tally-sheets,  duly  sealed 
up,  shall  be  delivered  by  the  ward  clerk  to  the  city  clerk  within 
twenty-four  hours  after  the  close  of  said  election.  The  city  clerk 
shall  seasonably  furnish  to  the  several  ward  clerks  suitable  blanks 
for  making  such  returns.  The  city  councils  and  the  mayor  shall 
meet  at  2  o'clock  in  the  afternoon  of  Thursday,  June  12,  1913,  at 
the  council  chambers.  The  city  clerk  shall  at  that  time  open  and 
lay  before  them  the  returns  of  the  votes  in  the  several  wards,  and 
they  shall  canvass  the  returns  and  declare  the  results,  which  shall 
be  duly  recorded  by  the  city  clerk.  Ten  or  more  legal  voters  of  the 
city  may  within  one  week  after  such  canvass  file  with  the  city  clerk 
a  petition  in  writing  requesting  a  recount  of  the  votes  cast  at  said 
election.  In  such  case  the  city  clerk  shall  within  three  days  there- 
after in  the  council  chamber  open  the  packages  containing  the 
ballots  used  at  said  election  in  the  presence  of  the  mayor  and  the 
city  councils  and  such  others  as  may  choose  to  attend.  The  mayor 
and  city  councils  shall  thereupon  recount  the  ballots  and  declare 
the  results  which  shall  be  duly  recorded  by  the  city  clerk  and  shall 
be  conclusive  as  to  the  result  of  the  said  election.  Said  election 
shall  be  deemed  to  be  an  election  within  the  meaning  of  all  penal 
statutes  of  the  state  relating  to  offenses  against  the  purity  of  elec- 
tions, the  conduct  of  elections,  and  the  duties  of  supervisors  of 
checklists,  moderators,  ward  clerks,  selectmen,  inspectors  of  elec- 
tions, and  all  other  persons  having  any  duties  to  perform  with 
reference  to  said  election. 

[Approved  May  21,  1913.] 


STATE  OF  NEW  HAMPSHIRE. 


Office  of  Secretary  of  State. 

Concord,  September  1,  1913. 
I  hereby  certify  that  the  acts  and  resolves  and  changes  of 
names  contained  in  this  pamphlet  have  been  compared  with  the 
originals  in  this  office,  and  found  to  be  correctly  printed. 

EDWARD  N.  PEARSON, 

Secretary  of  State. 


INDEX. 


INDEX 

TO 

NEW  HAMPSHIRE  LAWS 

PASSED  JANUARY  SESSION,  1913. 


Accident  insurance,  form  of  policy  prescribed,  etc 791-800 

Acts  of  1913,  when  to  take  effect ., 684 

Adjutant-general,  accounts  for  purchases  by,  how  audited 766 

appropriations    for    department 510,  522 

approval  of  military  accounts  by 766 

statement  of  disbursements,  how  audited  and  filed.  765 

Administration  on  petition  of  state  treasurer,  expense  of,  how  paid.  .  758 

liability  of  such  administrator  for  inheritance  tax 758 

Advertisement,  for  workmen,  existence  of  strike,  etc.,  to  be  stated...  764 

of  state  resources,  etc.,  appropriation  for 828 

Agriculture,  department  of,  created ; 701-705 

agricultural    districts   established 702 

commissioner  of  agriculture,  appointment,   duties,  etc 702-704 

deputy  commissioners,  appointment,  duties,  etc 704 

disposition  of  moneys  received 704 

district  boards,  appointment,  duties,  etc 702 

duties  as  to  certain  purchasers  of  dairy  products 780 

enforcement  of  laws  relating  to  fertilizers,  etc 704 

farmers'  institute  meetings  provided  for 703 

New  Hampshire  College  of  Agriculture,  co-operation  with 703,  704 

report  to  the  governor  and  council 704 

superintendent  c£  public  instruction,  co-operation  with 703 

transfer  of  appropriations 705 

Ahern,  William  J.,  appropriation  in  favor  of 839 

Alliance  Trust   Co.,  charter   amended ;    name  changed  to   Wonolancet 

Trust    Co 947 

Alpine   lake 485 

Alstead,  pu.blic  landing  and  wharf  on  Warren  pond  authorized 909 

Alton,    town-meeting    legalized 973 

Amherst    establishment  of  water-works  authorized 935 

Ancient  town  records,  etc.,  copying  and  indexing  provided  for 646 

use  of  certified  copies  as  evidence 646 

AnJnal,  purchase  of  when  unfit  prohibited 541 

Ar<.Tim,  appropriations  for  electric  plant,  how  to  be  made 990 

electric  plant  act,  how  adopted 990 

Appropriation    for    adjutant-general 510,  522 

advertising  state  resources,  etc 828 

attorney-general    508,  519 

1051 

38 


1052  INDEX.  [1913 

Appropriation  for  bank    commission 507,  518 

board  of  registration  in  optometry 510,  521 

bounties  on  bears,  grasshoppers,  and  hedgehogs.  .   510,  522 

burial  of  soldiers  and  sailors 827 

Cherry   Pond   dam 561 

conference  of  governors,  expense  of 817 

Crawford    Notch    award 825 

Dartmouth    College 819 

deaf,   dumb,   and  blind 508,  520,  686 

detection,  etc.,  of  bribery  at  elections 818 

executive   department 507,  518,  825 

feeding   stuffs   inspection 740 

fertilizer  inspection 739,  740 

fighting  forest  fires  by  towns 806 

firemen's  relief  fund 510,  522 

fish  and  game  commission 510,  522 

forest  protection 511,  522,  822 

Gettysburg  anniversary  celebration 806,  822 

Grand  Army  of  the  Republic 510,  522 

highway    department 511,  522 

highways.     See  Highways,  appropriations  for. 

indexing    507,  519 

Industrial    School 509,  520 

insurance  commission 507,  518,  805 

interest  charges  and  maturing  bonds 508,  520 

labor   bureau 509,  521 

legacy  tax  department 507,  518,  804 

legislative    expenses 507,  519,  684 

library  bulletin 834 

lights   and   buoys 510,  522,  817,  833 

lunacy  commission 509,  520 

medical   referees 510,  521 

military  organisations 510,  522 

moth   suppression 510,  522 

New  England  railroad  conference  board 809 

New    Hampshire   College   of   Agri- 
culture   509,  520,  735,  810,  830 

Historical   Society 510,  522 

Horticultural    Society 643 

School    for     Feeble- 

Minded   Children.  ..  .509,  521,  814,  829 

Soldiers'    Home 508,  520 

State    Hospital 509,  520,  830 

State  Normal  school,  Keene.509,  520,  811 
Plymouth, 

509,  520,  709 
State  Sanatorium. 509,  521,  686,  805,  824 

Old  Home  week  observance,  etc 823 

pharmacy    commission 510,  521 

Pierce  statue 821 


1913]  INDEX.  1053 

Appropriation  for  Portsmouth   armory 831 

Prisoners '   Aid   Ass  'n 508,  520 

probate   courts 508,  519,  686 

public   instruction 508,  519,  686 

public  printing  commission 507,  519 

public  service  commission 508,  520,  821,  837 

secretary  of  state 507,  518 

state  auditor 507,  518 

state  board  of  agriculture 509,  521 

cattle    commissioners 509,  521 

charities  and  correction 509,  520 

health    510,  521 

registration  in  dentistry 510,  521 

state    historian 511,  522 

state  house 507,  519,  818 

state    house   yard 816 

state   library 508,  520 

state  prison 509,  520 

state   treasury 507,  518 

steamboat  inspection 510,  521 

superior  court 508,  519,  686,  835 

supreme  court 507,  519,  686,  835 

tax  commission 508,  520 

tuberculosis,   treatment   of 826 

Webster  birthplace,  restoration  of 829 

Appropriation  in  favor  of  Ahern,  William  J 839 

Barrett,  Charles  H.,  estate  of 839 

Bartlett,  Fred  A 803 

Bartlett,  John  F 804 

Batchekler,    Philip 839 

Beverstock,  Oscar  D 804 

Blackwood,   John   A 838 

Boston  &  Maine  Eailroad 810 

Bradbury,   Frank   0 838 

Bresnahan,  George  U 839 

Britton,  A.  H.  &  Co 840 

Brown,  Eichard 804 

Brown   &   Saltmarsh 839 

Burbank,  Eoy  M. 839 

Burkett,  Eay  E 839,  840 

Burqne,  A.  U.  &  Co 840 

Burqiie,    Henri 839 

Burroughs,   Sherman   E 839 

Buzzell,  Eose  M 839 

Carey,   Bernard  W 839 

Carpenter,   John    S 840 

Carter,   George  E 839,  840 

Carter,  Solon  A 839 

Chase,   Frank 804 

Chase,  William  M 839 


1054  INDEX.  [1913 

Appropriation  in  favor  of  Chesliue    Eepublican 837 

Chesley,  Daniel 836 

Clapp,  Emma  C 839,  840 

Clark,  Henry  H 819 

Collins,  John  J 838 

Concord  Electric  Co 840 

Concord  Hardware  Co 840 

Concord  Patriot 837 

Conlen,   Harold   W 839 

Courtney,  Nellie  A 839 

Critchett,  William  W 804 

Davis,   Albert   P 839 

Dimond,  M.  J 839 

Dodge,  James  H 839 

Dover,    Somersworth    &    Eochester    Street 

Eailway  Co 810 

Dow,  William   E 839 

Dutton,  Burt  L 838 

Eastman,   Edson   C 839,  840 

Emerson,  Henry  A 836 

Farley,    Ferdinand 839 

Ford   &  Kimball 840 

Forrest,  George  S 839 

Gage,  J.  E 840 

Gift   Shop 840 

Gile,  George  E 838 

Goodman,  W.  P 840 

Haggett,   William   M 840 

Harrington,   S.   D 840 

Hayes,  Eobert  J 838 

Head,    Samuel 838 

Healey,  George  P 839 

Hill  Hardware  &  Paint  Co 840 

Hoague,  Edgar  C 838 

Holden,   Charles   A 804 

Holman,  William  M 804 

Holt,  Luther  J 839 

Ideal  Stamp  Co 840 

Ingalls,  William  D 839 

J.  M.  Stewart  &  Sons  Co 839,  840 

Jackson,  Henry  O 839 

Jackson,  Lyman  A 838 

Jenkins,  Melvin  J 804 

John  B.  Clarke  Co 837 

Jones,    Fred 838 

Joyal,  J.  W.  S 838 

Kenney,    Joseph 840 

Kidder,  Henry  W 838 

Kimball,   Charles   V 839 

Lake,  George  W 838 


1913]  INDEX.  1055 

Appropriation  in  favor  of  Loiighlin,  James  A 839 

Mace,  Frank  A 838 

Madigan,  T.   II.,  Jr 840 

Manchester  Leader 837 

Manchester  Union  Co 837 

Martin,   Llewellyn   E 839 

McCarthy,  William  G 838 

McHugh,    Thomas 840 

Monitor  &  Statesman  Co 837 

Morrison,  Charles  E 838 

Mount  Madison  House 840 

Nelson,   Howard   0 804 

Nelson,  N.  C.  &  Co 840 

O  'Dowd,  Eichard  M 804 

Office  Toilet  Supply  Co 840 

O'Malley,  Michael 839 

Patten,  Scott  S 838 

Perkins,  Charles  A 838 

Portsmouth    Chronicle 837 

Portsmouth  Times 837 

Prentiss,  Charles  W 839 

Pridham,   James   W 839 

Eaymond,   Charles   H 838 

Eemick,  James  W 839 

Eemick  &  Hollis 840 

Eemington  Typewriter  Co 839 

Eowe,  George  S 838 

Eumford   Printing   Co 839,  840 

Sanborn,   Eugene   D 804 

Sanborn,  Lizzie  H 839,  840 

Shepard,  Charles  E 839 

'                           Smiley,  Eobert  L.,  widow  of 803 

Smith,  John   T 838 

Smith 's  bookstore 840 

Snow,  Clifford  L 836 

Stanley,  Charles  M 839 

Stevens,  Eaymond  B 835 

strike  investigating  committee 839 

Sullivan,    Dennis 839 

Swain,  C.  H.  &  Co 840 

Thompson  &  Hoague 840 

Tolf ord,   George   G 836 

True,  Eeuben  C 838 

Underwood  Typewriter   Co 840 

Waite,  Clayton  T 804 

Walch,   A.   Francis 839 

Waldron,  George  D.,  estate  of 835 

Walton,  Donald  S 839 

Ward,  Walter  J.  A 804 

Waterman,  Thomas  P 838 


1056  INDEX.  [1913 

Appropriation  in  favor  of  Weiss,  John  Fox 813 

Wells,  Walter  B ' 804 

Wilson,    Paul    K 839 

Young,  Harrie  M 839 

Appropriations,  unexpended,  to  be  shown  by  state  auditor's  report.  ..  480 

to  lapse  after  three  years 539 

Arbitration  and  conciliation,  state  board  provided  for 745,  746 

proceedings  before  and  findings  of  board 746,  747 

Assessment  casualty  insurance,  regulation  of 550 

Association  Canado-Americaine,   charter   amended 854 

Attachment,  how  made  on  creditor 's  bill 599 

of  real  estate,  discharge  to  be  recorded 529 

Attorney-general,  appropriations  for  department 508,  519 

authorized  to  collect  South  Carolina  bonds 813 

to    direct   expenditure   of   fund   to   prevent   bribery 

at    elections 818 

to     enforce      forfeiture     of     unused     water-power 

charters 600 

to    investigate    and    prosecute    complaints    against 

licensed  liquor  dealers 777 

Automobiles,  etc.,  revenue  from,  how  expended  on  non-trunk  highways  608 
use  regulated;    provisions   for   registration,  license, 

etc 551-556,  729 

what  deemed  "commercial  motor  vehicle" 729 

B.\NK  commission,  appropriations  for  department 507,  518 

board    abolished;    one    commissioner    and    deputy 

provided  for 680 

fees  for  examination  of  banks,  etc 681 

Baptist  Convention  of  the  State  of  New  Hampshire,  charter  amended.  855 

Barber  shops,  sanitary  regulation   of 486 

Barrett,  Charles  H.,  appropriation  in  favor  of  estate 839 

Bartlett,  homestead  of  Simon  Seavey  severed  from 972 

Bartlett,  Fred  A.,  appropriation  in  favor  of 803 

Bartlett,  John  F.,  appropriation  in  favor  of 804 

Batchelder,  Philip,  appropriation  in  favor  of 839 

Bath,   exemption   of  D.   K.   Jackman   house   from   local   taxation   au- 
thorized    946 

Bayerischer   Kranken-Unterstutzungs-Yerein,    of   Manchester,   N.    H,, 

charter    of 880 

Belmont,  refunding  of  bonded  debt  authorized 881 

Berlin,  additional  ward  created;  ward  limits  defined 856 

assessors  and  board  of  health,  appointment  of 901 

city  council  enlarged 857 

councilmen  and  clerk  for  Ward  4 858 

first  election  in  Ward  4,  how  conducted 858 

maximum  salaries  of  police 883 

representatives  to  general  court,  apportionment  of 858 

salary  of  city  clerk 897 

judge  of  police  court 868 


1913]  INDEX.  1057 

Beverstoek,  Oscar  D.,  appropriation  in  favor  of 804 

Black  bass  protected 535 

Blackwood,  John  A.,  appropriation  in  favor  of 838 

Blind,  register  of  to  be  prepared,  etc 606 

state  aid  and  assistance  provided  for 606 

Board  of  control,  appointment,  duties,  compensation,  etc 650,  651,  653 

Boats  and  launches,  taxation  of 487 

inspection  of.     See  Steamboat  inspection. 

Bonds,  municipal  and  state,  when  exempt  from  taxation 528,  602 

of  school  districts,  exempt  if  held  by  residents 528 

of  South  Carolina,  suit  for  collection  authorized 813 

Boston  &  Maine  Eailroad,  appropriation  in  favor  of 810 

Bounties  on  bears,  grasshoppers,  and  hedgehogs,  appropriations  for..   510,  522 

Bradbury,  Frank  O.,  appropriation  in  favor  of 838 

Bresnahan,  George  U.,  appropriation  in  favor  of 839 

Bribery  at  election,  appropriation  for  detection  of,  etc 818 

restoration  of  privileges  after  conviction  of 481 

Britton,  A.  H.  &  Co.,  appropriation  in  favor  of 840 

Brook  trout,  protection  in  Carter  Notch  ponds  and  tributaries 496 

Ellis  river  and  tributaries 496 

Saco  river,  east  and  west  branches 496 

Success  pond 561 

Wildcat  river  and  tributaries 496 

Brown,  Eichard,  appropriation  in  favor  of 804 

Brown  &  Saltmarsh,  appropriation  in  favor  of 839 

Buoys,  certain  funds  available  for  maintenance  of 745 

Burbank,  Eoy  M.,  appropriation  in  favor  of 839 

Burial  of  soldiers  and  sailors,  appropriation  for 827 

Burkett,  Eay  E.,  appropriations  in  favor  of 839,  840 

Burque,  A.  U.  &  Co.,  appropriation  in  favor  of 840 

Burque,  Henri,  appropriation  in  favor  of 839 

Burroughs,  Sherman  E.,  appropriation  in  favor  of 839 

Buz?ell,  Eose  M.,  appropriation  in  favor  of 839 

Caboose  cars  to  have  two  four-wheeled  trucks 605 

Canobie  lake,  ice-fishing  prohibited  in 496 

Capital  Fire  Insurance  Co.,  charter  amended 931 

Carey,  Bernard  W.,  appropriation  in  favor  of 839 

Carpenter,  John  S.,  appropriation  in  favor  of 840 

Carroll  county,  salary  of  solicitor 567 

terms  of  probate  court  at  North  Conway 742 

Carter,  George  E.,  appropriations  in  favor  of 839,  840 

Carter,  Solon  A.,  appropriation  in  favor  of 839 

Carter,  "William  M.,  homestead  severed  from  Concord  town  school  dis- 
trict and  annexed  to  union  school  district 847 

Cathedral  ledge,  forestry  commission  to  have  care  of 482 

Charitable  institutions,  property  exempted  from  taxation 604 

Chase,  Frank,  appropriation  in  favor  of 804 

Chase,  William  M.,  appropriation  in  favor  of 839 

CJhase  Home  for  Children  exempted  from  taxation 930 


1058  INDEX.  [1913 

Cherry  pond,  dam  at  outlet  provided  for 561 

Cheshire  Republican,  appropriation  in  favor  of 837 

Chesley,  Daniel,  appropriation  in  favor  of 836 

^"Children,  defective,  etc.,  commission  on  welfare  provided  for 543 

Christine  lake,  provision  for  highway  to 698 

Clapp,  Emma  C,  appropriations  in  favor  of 839,  840 

Claremont,  refunding  of  railroad  debt  authorized 929 

right  of  eminent  domain  in  establishing  water-works 940 

Clark,  Henry  H.,  appropriation  in  favor  of 819 

Cloudman,  Marcious  L.,  homestead  severed  from  Concord  town  school 

district  and  annexed  to  union  school  district 847 

Cobbett  pond,  ice-fishing  prohibited  in 496 

Collateral  legacies,  etc.,  administration  on  petition  of  state  treasurer, 

expense  of,  how  paid 758 

liability  of  such  administrator  for  tax 758 

Collins,  John  J.,  appropriation  in  favor  of 838 

Conch,  taking  restricted 759 

Concord,  salaries  of  aldermen 882 

Concord,  Dover  &  Rochester  Street  Railway,  charter  extended 913 

Concord  Electric  Co.,  appropriation  in  favor  of 840 

Concord  Hardware  Co.,  appropriation  in  favor  of 840 

Concord  Patriot,  appropriation  in  favor  of 837 

Concord  town  school  district,  certain  homesteads  severed  from 847,  890 

Concord  Trust  Co.,  consolidation  with  Union  Trust  Co.  authorized.  .  .  .  969 

Concord  union  school  district,  certain  homesteads  annexed  to 847,  890 

Condemnation  proceedings  by  United  States,  what  sufficient  notice  of.  755 

Conlen,  Harold  W.,  appropriation  in  favor  of 839 

Conservator  for  person  on  ovm  application 477 

Conventions,  national,  choice  of  delegates  provided  for 711-713 

Coos  county,  salary  of  sheriff 534 

Corporation,  if  owner  of  majority  of  stock  of  railroad,  to  make  return  751 

lease  of  public  utility  to  foreign  corporation  prohibited.  .  670 

service  of  process  on  foreign  corporation 748,  749 

water-power  charter,  forfeiture  for  non-use 600 

Corporations: 

Alliance   Trust   Co.,   charter   amended;    name   changed   to   Wono- 

lancet  Trust  Co 947 

Association   Canado-Amerieaine,   charter   amended 854 

Baptist    Convention    of    the    State    of    New    Hampshire,    charter 

amended    855 

Bayerischer     Kranken -Unterstutzungs  -  Verein,     of     Manchester, 

N.  H.,  charter  of 880 

Capital  Fire  Insurance  Co.,  charter  amended 931 

Concord,  Dover  &  Rochester  Street  Railway,  charter  extended.  ...  913 
Concord  Trust  Co.,  consolidation  with  Union  Trust  Co.  authorized.   ,         969 

Court  Wilton,  No.  16,  Foresters  of  America,  charter  of 855 

District  Lodge  No.  5,  Northern  New  England  Order  of  Vasa  of 

America,  in  Manchester,  N.  H.,  charter  of 983 

Dublin  Electric  Co.,  transfer  of  properties,  etc.,  authorized 942 


1913]  INDEX.  1059 

Corporations : 

Eureka  No.  33,  Knights  of  Maccabees  of  the  World,  of  Nashua, 

N.  H.,  charter  of 871 

Farmers'  Guaranty  Savings  Bank,  charter  of 859 

Fidelity  Savings  Bank  of  Berlin,  charter  of 943 

General  Conference  of  Congregational  Churches  of  New  Hamp- 
shire, provisional  charter  of 981 

Gordon-Nash  Library,  charter  amended 894 

Granite  State  Land  Co.,  sale  of  bridge  authorized 886 

Guaranty  Trust  Co.,  charter  of 938,  942 

Harugari  Club,  of  Manchester,  N.  H.,  charter  of 877 

Howe  Library,  charter  amended 851 

Israel's  Eiver  Improvement  Co.,  charter  of 907,  928 

Keene  Gas  and  Electric  Co.,  powers  defined 885 

Les  Patriotes  Canadiens,  charter  of 853 

Manchester  Building  and  Loan  Ass  'n,  increase  of  stock  authorized  870 

Meredith  &  Ossipee  Valley  Railroad  Co.,  charter  extended 909 

Milford  Home  for  Aged  Women,  charter  of 851 

N.  E.  O.  P.  Building  Ass'n,  charter  of 862 

Nashua  &  Hollis  Electric  Railroad  Co.,  charter  amended  and  ex- 
tended   V 895,  896 

New  Hampshire  Historical  Society,  charter  amended 886 

New  Hampshire  Missionary  Society,  charter  amended 876 

New  Hampshire  Surety  Co.,  charter  of 904 

New  Hampshire  Water  Supply  Co.,  charter  of 949 

New  Hampton  Literary  and  Biblical  Institution,  cha,rter  amended  910 

North  Conway  and  Mount  Kearsarge  Railroad,  charter  extended.  914 

Northern  Fidelity  and  Trust  Co.,  charter  extended 924 

Pacific  Mills,  exercise  of  powers  of  Cocheco  Manufacturing  Co. 

authorized;  maintenance  of  electric  plants  authorized 887 

Park  Cemetery,  Tilton,  acts  and  proceedings  legalized 871 

People 's  Trust  Co.,  charter  of 994 

Phenix  Mutual  Fire  Insurance  Co.,  charter  of 873 

Phillips  Brook  Improvement  Co.,  charter  of 959 

Pioneer  Electric  Co.,  charter  of 925 

Plainfield  Water  Supply  Co.,  charter  of 954 

St.  Paul's  School,  charter  amended 958 

Souhegan  Tribe  No.  49,  Improved  Order  of  Red  Men,  of  Wilton, 

N.  H.,  charter  of 881 

Sullivan    County   Railroad,    construction   of    connecting   line    au- 
thorized    948 

Suncook  Valley  Railroad,  extension  to  Manchester  authorized ....  934 

Troy  Water  and  Improvement  Co.,  charter  amended 959 

Turners'  Relief  Society,  of  Manchester,  N.  H.,  charter  of 878 

Union  Manufacturing  Co.,  charter  amended 957 

Union  Surety  Co.,  charter  of 903 

Union  Trust  Co.,  consolidation  with  Concord  Trust  Co.  authorized.  969 

United  Life  and  Accident  Insurance  Co.,  charter  of 888 

Wentworth  Hospital,  annual  organization  of  trustees 861 


1060                                             INDEX.  [1913 

Corporations : 

Woodstock  &  Thornton  Gore  Railroad,  charter  amended 962 

Workingmen 's  Belief  Society,  of  Manchester,  N.  H.,  charter  of .  . .  879 

Young  Men's  Christian  Association  of  Berlin,  charter  of 932 

Costs,  limitation  in  trustee  suit,  if  settlement  made  or  tendered 536 

Councilor  districts,  how  constituted 685 

County  auditors  to  be  appointed  by  superior  court 641 

County  commissioners  may  lay  out  road  across  toll  bridge 648 

may  collect  tolls  on  such  bridge  for  six  years .  .  .  648 

salaries  and  expenses  of 476,  523,  645 

to  provide  relief  for  destitute  mothers 629 

County   convention,    appropriation    of   money   for    farm    development 

authorized    483 

County  offices,  vacancies  to  be  filled  by  superior  court 642 

Court  Wilton,  No.  16,  Foresters  of  America,  charter  of 855 

Courtney,  Nellie  A.,  appropriation  in  favor  of 839 

Crawford  Notch,  apjjropriation  in  payment  of  award  of  damages 825 

sale  of  lands,  etc.,  of  state  authorized 759 

Creditor 's  bill,  attachment  of  property  on,  how  made 599 

Critchett,  William  W.,  appropriation  in  favor  of 804 

Dairy  products,  purchase  for  shipment  outside  state,  business  regu- 
lated  under   license 779-782 

Dam,  construction  regulated  if  over  twenty-five  feet  high 525 

laborer  on  to  have  lien 566 

Damages,  amount  recoverable  for  death  by  negligence 757 

Dartmouth  College,  appropriation  for 819 

co-operation  in  management  of  Pine  Park  Ass'n.  .  940 

state  scholarships,  how  awarded 820 

Davis,  Albert  P.,  appropriation  in  favor  of 839 

Deaf,  dumb,  and  blind,  appropriations  for 508,  520,  686 

Death  by  negligence,  amount  of  damages  recoverable  for 757 

Deer,  killing  in  Coos  county  regulated 537 

Dentistry,  practice  regulated 655-662 

Dependent  children,  etc.,  commission  on  welfare  provided  for 543 

Desertion  by  husband  or  father,  penalty 532 

Digest  of  New  Hampshire  Reports,  contract  for  authorized 807 

Dimond,  M.  J.,  appropriation  in  favor  of 839 

District    Lodge    No.    5,    Northern    New   England    Order    of   Vasa    in 

America,  in  Manchester,  N.  H.,  charter  of 983 

District  nurse  associations,  towns  may  aid 533 

District  police  courts  established 715-727 

Dodge,  James  H.,  appropriation  in  favor  of 839 

Dogs,  kept  for  breeding,  special  license  provision  repealed 497 

self -hunting,  not  to  run  at  large 655 

Domestic  insurance  companies,  return  by,  for  purposes  of  taxation .  .  .  547 

Domestic  life  insurance  companies,  regulation  of 511-517 

Dover,  acquisition  of  property  for  water-works  authorized 893,  992 

board  of  street  and  park  commissioners  abolished 991 

issue  of  water -works  bonds  authorized 894 


1913]                                                       INDEX.  1061 

Dover,  sprinkling  precincts  authorized;  expense,  how  apportioned....  993 

street  commissioner  provided  for 990-992 

ward  limits  defined 984 

Dover,  Somersworth  &  Eochester  Street  Eailway  Co.,  appropriation  in 

favor  of 810 

Dow,  William  E.,  appropriation  in  favor  of 839 

Druggist,  if  resident  alien,  issuance  of  liquor  license  to 588 

Dublin  Electric  Co.,  transfer  of  properties,  etc.,  authorized 942 

Dutton,  Burt  L.,  appropriation  in  favor  of 838 

Dynamite,  transportation  restricted 639 

Eastman,  Edson  C,  appropriations  in  favor  of S39,  840 

East  Side  road,  appropriation  for 696 

Educational  institutions,  property  exempted  from  taxation 604 

Ef&ngham  and  Ossipee  Center  road,  appropriation  for 832 

Effingham  and  Freedom  may  ap- 
propriate money  for 483 

Elections : 

delegates  to  national  conventions,  how  and  when  chosen 711-713 

detection,  etc.,  of  bribery,  appropriation  for 818 

hours  for  voting  in  cities 544 

nominations  by  petition,  how  made 737-739 

notice  of  primary,  requisites  of 737 

polling  places  and  booths,  requisites  of 784 

registered  voter  may  cast  new  party  ticket  at  primary 752 

restoration  of  privileges  after  conviction  of  bribery 481 

United  States  senators,  constitutional  amendment  as  to  election 

ratified 801 

how  nominated  and  elected 569 

voting  machines,  examination  and  use  provided  for 787-791 

ward  clerks,  how  nominated  at  primaries 505 

what  names  to  appear  on  primary  ballots 737 

what  persons  allowed  within  guard  rail 784 

Electric  car,  use  of  high-power  light  regulated 565 

Electric  energy,  conveyance  outside  state  regulated 674,  675 

Embezzlement  by  insurance  agent,  what  constitutes 734 

Emerson,  Henry  A.,  appropriation  in  favor  of 836 

Eureka  No.  33,  Knights  of  Maccabees  of  the  World,  of  Nashua,  N.  H., 

charter  of 871 

Execution,   levy   of,    on   realty   not   attached;    copies,   how   filed    and 

recorded    498 

Explosives,  transportation  restricted 639,  640 

Factory  insurance  companies,  how  admitted;  taxation  of 564 

Farley,  Ferdinand,  appropriation  in  favor  of 839 

Farmers'  Guaranty  Savings  Bank,  charter  of 859 

Farming  industry,  county  convention  may  raise  money  for  develop- 
ment   of 483 

Feeding  stuffs  inspection,  appropriation  for 740 

Fees  for  certificates  of  boat  inspection 744 


1062  INDEX.  [1913 

Fees  for  certificates  to  captains,  pilots,  etc 745 

examinations  of  banks,  etc 681 

filing  candidacy  of  ward  clerk 505 

license  of  certain  purchasers  of  dairy  products 780 

fire  insurance  brokers 705 

insurance  agents 548 

liquor  dealers.     See  Intoxicating  liquor. 

operators  of  automobiles,  etc 556,  729 

practitioners  of  dentistry 657-660 

recording  contracts  as  to  railroad  equipment 478 

discharge  of  attachment  of  real  estate 529 

levy  of  execution  on  real  estate  not  attached 499 

recount  of  primary  vote  as  to  ward  clerk 506 

registration  of  automobiles,  etc 555,  556,  729 

testing  meters,  etc.,  by  public  service  commission 631 

Fertilizer  inspection,  appropriations  for 739,  740 

Fidelity  Savings  Bank  of  Berlin,  charter  of 943 

Fire-escapes,  form  of  for  certain  buildings 767 

Firemen's  relief  fund,  appropriations  for 510,  522 

Fish  and  game: 

black  bass  protected 535 

brook  trout,  protection  in  Carter  Notch  ponds  and  tributaries.  . .  .  496 

Ellis  river  and  tributaries 496 

Saco  river,  east  and  west  branohes 496 

Success  pond 561 

Wildcat  river  and  tributaries 496 

conch  or  wrinkles,  taking  restricted '  759 

deer,  killing  in  Coos  county  regulated 537 

gray  squirrels,  killing  regulated 732 

horn  pout  protected 475 

hunters'  licenses,  how  issued 708 

ice-fishing  prohibited  in  Canobie  lake  in  Windham  and  Salem.  .  .  .  496 

Cobbett  pond  in  Windham 496 

Gile  pond  in  Sutton 496 

Island    pond    in    Atkinson,    Derry,    and 

Hampstead    532 

Keyser  lake  in  Sutton 496 

Mosquito  pond  in  Manchester 756 

Steele  pond  in  Antrim 495 

lake  trout,  protection  in  Winnipesaukee  and  Paugus  lakes 495 

lobsters  protected 549 

Long  pond,  or  Lake  Winnepauket,  in  Webster,  fishing  regulated.  655 

muskellonge,  protection  in  Connecticut  river 535 

Newfound  lake,  fishing  for  trout  and  salmon  regulated 750 

oysters,  taking  in  certain  waters  regulated 562 

pickerel  protected 647 

pike,  protection  in  Connecticut  river , 535 

self -hunting  dog  not  to  run  at  large 655 

shadwaiters,  protection  in  Winnipesaukee  and  Paugus  lakes 495 


1913]  INDEX.  1063 

Fish  and  game  commission : 

appropriations  for   department 510,  522 

board  abolished;  one  commissioner  provided  for 707 

commissioner  and  deputies,  appointment,  duties,  etc 707,  708 

expenses  of  department,  how  paid;  surplus,  how  expended 709 

hunters'  licenses,  how  issued 708 

prosecution  of  offenders,  where  begun 708 

transfer  of  appropriations 709 

Food,  variations  in  packages  of,  when  permitted 753 

Ford  iS:  Kimball,  appropriation  in  favor  of 840 

Foreign  corporation,  public  utility  not  to  be  leased  to 670 

service  of  process  on,  how  made 748,  749 

Forest  protection: 

appropriations  for  department 511,  522,  822 

reimbursement  of  towns  for  fire-fighting 806 

forestry  commission  may    enter    on    railroad    land    for    certain 

purposes 689 

may  grow  and  distribute  trees  for  roadside 

planting 601 

to  have  care  of  Cathedral  and  White  Horse 

ledges  482 

railroads,  employees  may  be  deputy  forest  fire  wardens 688 

may  clear  brush,  etc.,  on  adjacent  land 689 

to  equip  locomotives  with  spark  arresters,  etc 688 

to  promulgate  instructions  as  to  fires 689 

slash,  disposal  of  by  lumber  operators  regulated 690 

state  forester  may  employ  assistants,  etc 696 

to  appoint  fire  district  chiefs 697 

to  divide  state  into  fire  districts 697 

to  manage  lands  purchased  by  towns  to  grow  timber  497 

Forrest,  George  S.,  appropriation  in  favor  of 839 

Fowls,  taxation  of 487 

Francestown  school  district,  meeting  legalized 946 

Franconia,  establishment  of  light  and  power  plant  authorized 964 

Franklin,  city  council  to  fix  compensation  of  city  officers 862 

Franklin  Armory  Ass  'n,  property  exempted  from  taxation 876 

Fraternal  benefit  societies,  regulation  of 611-628 

Freedom,   appropriation   for  Effingham  and  Ossipee  Center  road  au- 
thorized    483 

Gage,  J.  E.,  appropriation  in  favor  of 840 

General  Conference  of  Congregational  Churches   of  New  Hampshire, 

provisional  charter  of 981 

Gettysburg  anniversary  celebration,  appropriations  for 806,  822 

Gift  Shop,  appropriation  in  favor  of 840 

Gile,  George  E.,  appropriation  in  favor  of 838 

Gile  pond,  ice-fishing  prohibited  in 496 

Goffstown,  town -meeting  legalized 901 

Goodman,  W.  P.,  appropriation  in  favor  of 840 


1064  INDEX.  [1913 

Good  Will  Institute  exempted  from  taxation 929 

Gordon-Nash  Library,  charter  amended 894 

Governor  to  enforce  right  of  state  under  will  of  John  Nesmith 820 

Governor  and  council: 

appropriations  for  department 507,  518,  825 

erection  of  Franklin  Pierce  statue  authorized 821 

contract  for  Digest  of  New  Hampshire  Reports  authorized 807 

may  order  earnings  paid  to  convict  or  relatives 736 

may  prescribe  form  of  guide-boards 733 

may  sell  lands,  etc.,  of  state  in  Crawford  Notch 759 

to  appoint  bank  commissioner  and  deputy 680 

board  of  arbitration  and  conciliation 745 

board  of  control 650 

board  of  license  commissioners 777 

commission  on  Christine  Lake  highway 698 

commission  on  dependent  and  delinquent  children 543 

commissioner  of  agriculture 702 

committee  on  Hall  of  Heroes  commission 752 

district  agricultural  boards 702 

fish  and  game  commissioner 707 

justice  and  associate  justice  of  Nashua  police  court. .  .    634,  635 
justices,  special  justices,  and  clerks  of  district  police 

courts   723,  761 

members  of  New  England  railroad  conference  board .  .  808 

police  commissioners  for  certain  places 682 

for  Somersworth 906 

purchasing  agent 651 

special  liquor  agents 777 

superintendent  of  public  instruction  and  fix  salary.  .  .  .  683 

trustees  of  Industrial  School 582 

Vermont  boundary  commission 815 

to  approve  appointment  of  deputy  commissioners  of  agriculture.  .  704 

appointment  of  deputy  fish  and  game  commissioner.  .  .  707 

contract  for  normal  school  dormitory  at  Plymouth.  ...  710 

employment  of  inspector  of  power  boats 743 

expenditures  in  railroad  rate  adjustment 834 

to  award  state  scholarships  at  Dartmouth  College 820 

to  be  censors  of  departmental  and  institutional  reports 642 

to  designate  route  of  Meredith  and  West  Ossipee  road 713 

Eockingham  road 700 

South  Side  road 694 

to  fix  salaries  of  deputy  superintendents  of  public  instruction.  . . .  683 

to  make  contracts  for  Portsmouth  armory 831 

to  supervise  printing  and  distribution  of  public  acts 699 

Governors,  conference  of,  appropriation  for  expense 817 

Grade  crossings,  order  for  protection  of 632 

Grafton  County,  grand  and  petit  jury  attendance  at  superior  court.  .  .  .  755 

Grand  Army  of  the  Republic,  appropriations  for 510,  522 

Granite  State  Land  Co.,  sale  of  bridge  authorized 886 

Gray   squirrels,   killing  regulated 732 


1913]  INDEX.  1065 

Greenland,  issue  of  sehoolhouse  notes  or  bonds  authorized 953 

Guaranty  Trust  Co.,  charter  of 938,  942 

Guide-boards,    maintenance    and   marking    of;    procedure    in    case   of 

neglect    733 

Gunpowder,   transportation   restricted 639 

BLA.GGETT,  William  M.,  appropriation  in  favor  of 840 

Hall  of  Heroes  commission  abolished;  committee  to  terminate  affairs 

provided  for 751,  752 

Hammond,  John  B.,  homestead  severed  from  Concord  town  school  dis- 
trict and  annexed  to  union  school  district 888 

Hammond,  William,  homestead  severed  from  Concord  town  school  dis- 
trict and  annexed  to  union  school  district 847 

Hanover  village  precinct,  co-operation  in  management  of  Pine  Park 

Ass'n    authorized 877 

Harrington,  S.  D.,  appropriation  in  favor  of 840 

Harugari  Club,  of  Manchester,  N.  H.,  charter  of 877 

Hayes,  Eobert  J.,  appropriation  in  favor  of 838 

Head,  Samuel,  appropriation  in  favor  of 838 

Healey,  George  P.,  appropriation  in  favor  of 839 

Health  insurance,  form  of  policy  prescribed,  etc 791-800 

Hebron,  town-meeting  legalized 900 

Highway,  discharge  from  servitude  after  twenty  years'  disuse 610 

liability  of  town  for  damage  on,  if  load  excessive 491 

roadside  growth,  removal  regulated 601 

use  of  high-power  light  by  electric  ear  regulated 565 

vehicles  to  display  lights,  when 590 

Highway  agent,  town  may  instruct  selectmen  to  appoint 485 

Highway  bonds,  residents  not  preferred  in  sale  of 545 

Highways,  appropriations  for: 

Christine   Lake   road 698 

East  Side.  West  Side,  and  Merrimack  Valley  roads 696 

Effingham  and  Ossipee  Center  road 832 

Jefferson  and  Randolph  road 832 

Meredith  and  West  Ossipee  road 714 

Eockingham  road 701 

South  Side  road 696 

Sugar  Loaf  road 816 

Wilson  road 809 

Highways,  permanent  improvement  of: 

annual  appropriation  of  $125,000,  for  what  purposes  available.  .  .  603 

appropriations  for  department 511,  522 

automobile  revenue,  how  expended  on  non-trunk  lines 608 

Christine  Lake  road  provided  for 698 

expense   of   trunk-line   improvement,   how  borne;    additional   tax 

limited 560 

Meredith  and  West  Ossipee  road  provided  for 713 

roadside  growth,  cutting  and  removal  regulated 601 

Rockingham  road  provided  for 700 

shade  trees,  planting  of  by  highway  department 601 


1066                                              INDEX.  [1913 

Highways,  permanent  improvement  of: 

South  Side  road  provided  for 694-696 

state  aid,  how  apportioned  if  town  makes  excess  appropriation .  .  .  489 

Hill  Hardware  &  Paint  Co.,  appropriation  in  favor  of 840 

Hillsborough  county,  salaries  and  expenses  of  commissioners 523,  645 

Hit  Tit  or  Hitty  Titty  pond,  name  changed  to  Shadow  lake 501 

Hoague,  Edgar  C,  appropriation  in  favor  of 838 

Holden,  Charles  A.,  appropriation  in  favor  of 804 

Holidays,  work  in  mills,  etc.,  not  to  be  required 750 

Holman,  William  M.,  appropriation  in  favor  of 804 

Holmes    Plymouth    Academy    memorial,    erection    on    normal    school 

grounds  authorized 972 

Holt,  Luther  J.,  appropriation  in  favor  of 839 

Horn  pout  protected 475 

Horses,  asses,  and  mules,  taxation  of 503 

Household  goods,  mortgage,  etc.,  to  be  executed  by  husband  and  wife.  .  757 

Howe  Library,  charter  amended 851 

Hunters'  licenses,  how  issued 708 

Ideal  Stamp  Co.,  appropriation  in  favor  of 840 

Imprisonment  in  county  house  of  correction  for  minor  offences 527 

Income  tax,  constitutional  amendment  ratified 802 

Indexer  of  records  to  be  clerk  of  public  printing  commission 546 

Indexing,  appropriations  for  department 507,  519 

Industrial  School,  appropriations  for  department 509,  520 

board  of  ti'ustees  abolished;    under   supervision   of 

board  of  control 650 

discharge  after  erroneous  commitment,  how  effected  742 

management  and  control  of 582-588 

Infant  Asylum  of  Our  Lady  of  Perpetual  Help  exempted  from  taxation  931 

Ingalls,  William  D.,  appropriation  in  favor  of 839 

Insurance : 

agents,  licensing  of  regulated 547 

allowance  of  traveling  expenses  to  commissioner 763 

appropriations  for  department 507,  518,  805 

assessment  casualty  insurance,  regulation  of 550 

certain  loans  and  investments  by  insurance  companies  limited.  . .  .  563 

domestic  life  insurance  companies,  regulation  of 511-517 

embezzlement  by  insurance  agent,  what  constitutes 734 

factory  insurance  companies,  how  admitted;  taxation  of 564 

fire  insurance    brokers,  licensing  of 705 

fire  policy,  when  cancelled  without  return  of  premium 564 

fraternal  benefit  societies,  regulation  of 611-628 

health  and  accident  insurance,  form  of  policy  prescribed,  etc 791-800 

liability  insurance,  form  of  policy  regulated 568 

mutual  insurance  company,  prerequisites  for  license  of 769 

rebating,  misrepresentation,  and  twisting  prohibited 636-638 

return  by  domestic  companies  for  purposes  of  taxation 547 

surety  companies,  investment  of  funds  regulated 530 

liability  on  single  bond  lim_ited 529 


3^913]  INDEX.  1067 

Interest  charges  and  maturing  bonds,  appropriations  for 508,  520 

Intoxicating  liquor: 

'  druggist  "s  license  to  resident  alien 

false  statement  by  minor  to  liquor  dealer  as  to  age,  penalty 542 

fees  for  first-class  licenses 

license  commission  abolished;  new  commission  created 777,  778 

licensed  innholder  may  have  further  privileges 776 

licenses  not  granted  for  certain  localities 

sale  by  common  victualers,  how  regulated 530 

sale  iu  original  packages,  provision  repealed 

special  liquor  agents,  appointment,  duties,  etc 

state  liquor  agent,  office  abolished 

suspension  of  license  for  first  violation 

violations  of  license,  how  prosecuted 

Island  pond,  ice-fishing  prohibited  in ^^^ 

Israel 's  Eiver  Improvement  Co.,  charter  of ' 

J.  M.  Stewart  &  Sons  Co.,  appropriations  in  favor  of 839,  840 

Jackson,  Henry  O.,  appropriation  in  favor  of 

Jackson,  Lyman  A.,  appropriation  in  favor  of 

Jaffrey,  use  of  school  property  for  public  purposes  authorized 915 

Jefferson  and  Eandolph  road,  appropriation  for 

Jenkins,  Melvin  J.,  appropriation  in  favor  of 

John  B.  Clarke  Co.,  appropriation  in  favor  of 

Jones,  Fred,  appropriation  in  favor  of 

Jones,  Walter  C,  homestead  severed  from  Concord  town  school  district 

and  annexed  to  union  school  district 

Joyal,  J.  W.  S.,  appropriation  in  favor  of 

Jiistice  court  may  require  $500  bail  on  appeal 

885 
Keene  Gas  and  Electric  Co.,  powers  defined 

Kenney,  Joseph,  appropriation  in  favor  of 

Kensington,  town-meeting  legalized 

Keyser  lake,  ice-fishing  prohibited  in 

Kidder,  Henry  W.,  appropriation  in  favor  of '^^ 

Kimball,  Charles  V.,  appropriation  in  favor  of 

Labor  bureau,  appropriations  for  department -^     '     -^ 

commissioner,  duty  of,  in  case  of  strike  or  lockout 747 

salary  of,  payable  monthly 541 

Labor  legislation: 

advertisement  for  workmen  to  state  existence  of  strike,  etc 

board  of  arl)itration,  establishment  of ^     ' 

proceedings  before  and  findings  of 746,  74/ 

submission  of  disputes  to 747,  748 

coercive  agreement  against  labor  unions  prohibited ^  - 

holidays,  work  in  mills,  etc.,  not  to  be  required '^0 

minors,   employment   restricted 

"-',,„,  690,  786 

hours  of  labor  for ' 

persuasion,  etc.,  not  unlawful   interference 

,              „  ,  ,        J,  .  .  690 

women,  hours  of  labor  tor 

39 


1068                                             INDEX.  [1913 

Laconia,  exemption  of  new  hotel   properties  from  local  taxation  au- 
thorized      898,  899 

Lake,  George  W.,  appropriation  in  favor  of 838 

Lake  trout,  protection  in  Winnipesaukee  and  Pagus  lakes 495 

Legacy  tax  department,  appropriations  for 507,  518,  804 

Legislative  employees,  compensation   of 681 

Legislative  expenses,  appropriations  for 507,  519,  684 

Legislative  reference  bureau  provided  for 761 

Les  Patriotes  Canadiens,  charter  of 853 

Lewis,  Harry  D.,  homestead  severed  from  Concord  town  school  district 

and  annexed  to  union  school  district 847 

L'Hopital  Notre  Dame  de  Lourdes  de  Manchester,  N.   H.,  exempted 

from  taxation 933 

Liability  insurance,  form  of  policy  regulated 568 

Libraries,  free  public,  state  publications  to  be  sent  to 526 

transfer  of  state  publications  to,  by  towns.  .  . .  526 

Library  bulletin,  appropriation  for 834 

License  of  automobile  operators  and  chauffeurs 556,  729 

fire  insurance  brokers 705 

fraternal    benefit    societies 618,  619 

hunters,  resident  and  alien 708 

insurance  agents 547 

liquor  dealers.     See  Intoxicating  liquor. 

practitioners  of  dentistry 656-661 

purchaser  of  dairy  products  for  shipment  outside  state.  .  .  .  779 

Lien  of  laborer  on  dam,  bridge,  etc 566 

Lighting  systems,  acquisition  and  maintenance  by  towns  and  cities.  ..  770-775 

Lights  and  buoys,  appropriations  for 510,  522,  817,  833 

Liquor  legislation.     See  Intoxicating  liquor. 

Lisbon  village  district,  board  of  health  provided  for 989 

Littleton  union  school  district,  issue  of  bonds  and  notes  authorized.  .  .  963 

Lobsters    protected 549 

Long  pond,  in  Webster,  fishing  regulated 655 

Loughlin,  James  A.,  appropriation  in  favor  of 839 

Lunacy  commission,  appropriations  for  department 509,  520 

Mace,  Frank  A.,  appropriation  in  favor  of 838 

Madigan,  T.  II.,  Jr.,  appropriation  in  favor  of 840 

Manchester,  board  of  public  works  may  pension  employees 986 

city  election,  when  held 988 

compensation   of   councilmen 930 

construction  and  repair  of  sidewnlks  regulated 987 

debt  limit  established;    indebtedness,  how  determined...  849 

exemption  of  hotel  building  from  local  taxation  authorized  869 

may  grant  pensions  to  firemen 899 

rate  of  taxation  limited 850 

salary  of  overseer  of  poor,  how  determined 977 

salaries  of  public  officials,  how  determined 915 

school  board,  election  of 891 

sealer  of  weights  and  measures,  powers  and  duties 917-920 


1913]                                            INDEX.  1069 

Manchester, -ward  limits  defined;   representatives  to  general  court,  ap- 
portionment of 978-980 

water  commissioners  may  pension  employees 975 

Manchester  Building  and  Loan  Ass'n,  increase  of  stock  authorized.  .  .  870 

Manchester  Leader,  appropriation  in  favor  of 837 

Manchester  Street  Eailway,  investigation  of  fares  provided  for 609 

issue  of  special  tickets  may  be  ordered.  .  .  609 

Manchester  Union  Co.,  appropriation  in  favor  of 837 

Marriage  of  non-resident,  hovr  certified 539 

Martin,  Llewellyn  E.,  appropriation  in  favor  of 839 

McCarthy,  William  G.,  appropriation  in  favor  of 838 

McHugh,  Thomas,  appropriation  in  favor  of 840 

Medical  referees,  appropriations  for  department 510,  521 

Meredith  &  Ossipee  Valley  Railroad  Co.,  charter  extended 909 

Meredith  and  West  Ossipee  road  provided  for 713 

Merrimack  county,  salaries  and  expenses  of  commissioners 476 

Merrimack  Valley  road,  appropriation  for 696 

Mileage  books,  railroads  to  issue  for  five  hundred  miles 566 

Milford,  exemption  of  hotel  from  local  taxation  authorized 913 

Milford  Home  for  Aged  Women,  charter  of 851 

Military  organisations,  appropriations  for 510,  522 

Militia: 

accounts  for  purchases,  how  audited 760 

approval   of   military   accounts 766 

armory  at  Portsmouth,  appropriation  for 831 

staff  departments  and  officers 502 

statement  of  disbursements,  how  audited  and  filed 765 

uniform  allowance  to  officers 501,  763 

Milk,  purchase  for  shipment  outside  state,  business  regulated  imder 

license   < 779-782 

Minor,  counsel  for,  when  charged  with  crime 499' 

daily  and  weekly  hours  of  labor  established  for 690,  786 

employment  restricted,  if  under  fourteen 786' 

erroneously  committed  to  Industrial  School,  how  discharged.  .  .  742 

false  statement  to  liquor  dealer  as  to  age,  penalty 542 

not  to  frequent  streets  after  9  p.  m.,  when 730 

Misprision  of  treason,  restoration  of  privileges  after  conviction 477 

Monitor  &  Statesman  Co.,  appropriation  in  favor  of 837 

Morrison,  Charles  E.,  appropriation  in  favor  of 838 

Mosquito  pond,  ice-fishing  prohibited  in 756 

Moth  suppression,  appropriations  for 510,  522 

state    agency    abolished;    deputy    commissioner    of 

agriculture  to  perform  duties 704 

transfer  of  appropriations 705 

Mothers,  destitute,  provisions  for  relief  of 629 

Motor  cycle,  meaning  of  term 551 

Motor  vehicles,  revenue  from,  how  expended  on  non-trunk  highways.  .  .  608 
use     regulated;     provisions    for     registration,     license, 

etc 551-556,  729 

what  deemed  "commercial  motor  vehicle" 729 


1070                                              INDEX.  [1913 

Mount  Clinton,  name  changed  to  Mount  Pierce 569 

Mount  Madison  House,  appropriation  in  favor  of 840 

Muskellonge,  protection  in  Connecticut  river 535 

Mutual  insurance  company,  prerequisites  for  license  of 769 

N.  E.  O.  P.  Building  Ass  'n,  charter  of 862 

Names  changed  by   probate    courts 841-844 

by  superior  court 844-846 

Alliance  Trust  Co.  to  Wonolancet  Trust  Co 947 

Hit  Tit  or  Hitty  Titty  pond  to  Shadow  lake 501 

Mount  Clinton  to  Mount  Pierce 569 

state  board   of   registration   in   dentistry   to   New   Hampshire 

state  dental  board 656 

Upper  Beech  pond  to  Alpine  lake 485 

Nashua,  erection  of  Foster  statue  authorized.  .  .  ; 914 

police  court  abolished  and  new  court  established 633-636 

revision  of  city  charter 995-1046 

Nashua  and   HoUis   Electric  Railroad   Co.,   charter   amended   and   ex- 
tended     895,  896 

National  conventions,  delegates  to,  when  and  how  chosen 711-713 

Neglect  of  family  by  husband  or  father,  penalty 532 

Nelson,  Howard  O.,  appropriation  in  favor  of 804 

Nelson,  N.  C.  &  Co.,  appropriation  in  favor  of 840 

Nesmith,   John,   governor   directed   to   enforce   rights   of   state   under 

will  of 820 

New  Boston,  appropriation  for  150th  anniversary  authorized 853 

New  England  railroad  conference  board,  appointment  authorized ;  ap- 
propriation for  erpenses 808 

Newfound  lake,  fishing  for  trout  and  salmon  regulated 750 

New  Hampshire  College  of  Agriculture: 

appropriations  for  department 509,  520,  830 

new  building  for  engineering  department.  ...  810 

poultry  benefit   fund 735 

seven  trustees  to  constitute  quorum  of  board 766 

New  Hampshire  Historical  Society,  appropriations  for 510,  522 

charter    amended 886 

'  New  Hampshire  Horticultural  Society,  appropriation  for 643 

New  Hampshire  Missionary  Society,  charter  amended 876 

New  Hampshire  National  Guard.     See  Militia. 

New  Hampshire  Reports,  contract  for  digest  authorized 807 

New  Hampshire  School  for  Feeble-minded  Children: 

appropriations  for  department 509,  521,  829 

sundry  purposes .V  .  814 

board  of  trustees  abolished;  under  supervision  of  board  of  control  650 

New  Hampshire  Settlement  Association  exempted  from  taxation 927 

New  Hampshire  Soldiers'  Home,  appropriations  for  department 508.  520 

New  Hampshire  state  dental  board,  organization,  duties,  etc 656 

New  Hampshire  State  Hospital: 

appropriations  for   department 509,  520 

removal  of  fire  risks,  etc 830 

board  of  trusteei^  abolished;  under  supervision  of  board  of  control  650 


1913]                                                       INDEX.  1071 

New  Hampshire  State  Normal  School,  Keene: 

appropriations    for 509,  520,  811 

new  buildings  provided  for;  issue  of  bonds  authorized 811,  828 

New  Hampshire  State  Normal  School,  Plymouth: 

appropriations    for 509,  520,  709 

erection  of  Holmes  Academy  memorial  authorized 972 

new  building  provided  for;  issue  of  bonds  authorized 709,  710 

New  Hampshire  State  Sanatorium : 

ai">propriations  for  department 509,  521,  686,  805 

sundry   purposes 824 

board  of  trustees  abolished;  under  supervision  of  board  of  control  650 

New  Hampshire  Surety  Co.,  charter  of 904 

New  Hampshire  Water  Supply  Co.,  charter  of 949 

New  Hampshire  Literary  and  Biblical  Institution,  charter  amended.  .  910 

Newmarket,  election  proceedings  legalized 870 

Newport,  board  of  assessors  provided  for 974 

Nitroglycerine,   transportation   restricted 640 

Non-support  by  husband  or  father,  penalty 532 

North  Conway  and  Mount  Kearsarge  Eailroad,  charter  extended 914 

North   Conway  water   precinct,   maintenance   of   fire   department   au- 
thorized    861 

North  pond,  provision  for  highway  to 698 

Northern  Fidelity  and  Trust  Co.,  charter  extended 924 

Occupational  diseases,  provisions  for  report  of .-.  .  .  607 

October  12a  legal  holiday 494 

O'Dowd,  Eichard  M.,  appropriation  in  favor  of 804 

Office  Toilet  Supply  Co.,  appropriation  in  favor  of 840 

Old  Home  week,  appropriation  for  observance  of;  time  designated  for  823 

O'Malley,  Michael,  appropriation  in  favor  of 839 

Optometry,  appropriations  for  department 510,  521 

Orphans'  Home  of  Concord  exempted  from  taxation .  943 

Oxen,  cows,  jmd  other  neat  stock,  taxation  of 503 

Oysters,  taking  in  certain  waters  regulated 562 

Pacific  Mills,  exercise  of  powers  of  Cocheco  Manufacturing  Co.  au- 
thorized; maintenance  of  electric  plants  authorized 887 

Park  Cemetery,  Tilton,  acts  and  proceedings  legalized 871 

Partition  of  real  estate,  issues,  how  framed  and  tried 493 

who   entitled   to 493 

who  may  be  made  petitionees 493 

sale  if  division  impracticable 493 

Patten,  Scott  S.,  appropriation  in  favor  of 838 

Pembroke,  establishment  of  water-works  authorized 864 

water-works  property  exempted  from  taxation 971 

People's  Trust  Co.,  charter  of 994 

Perkins,  Charles  A.,  appropriation  in  favor  of 838 

Pharmacy  commission,  appropriations  for  department 510,  521 

Phenix  Mutual  Fire  Insurance  Co.,  charter  of 873 

Phillips  Brook  Improvement  Co.,  charter  of 959 


1072  INDEX.  [1913 

Pickerel    protected 647 

Pierce,  Franklin,  appropriation  for  statue  of 821 

mountain  named  for 569 

Pike,  protection  in  Connecticut  river 535 

Pine  Park  Ass'n  exempted  from  taxation 877 

Dartmouth  College  trustees  may  co-operate  in  man- 
agement      940 

Hanover   village   precinct   may   co-operate    in    man- 
agement      877 

Pioneer  Electric  Co.,  charter  of 925 

Pistol,  carrying  prohibited 484 

Plainfield  Water  Supply  Co.,  charter  of 954 

Plumbers,  board  to  examine,  how  constituted 500 

Plymouth,  appropriation  for  150th  anniversary  authorized 850 

exemption    of    Morse    residence    from    local    taxation    au- 
thorized       890 

Plymouth  village  fire  district,  change  in  boundaries  authorized 896 

service  in  Holderness  authorized 896 

Police  commissioners,  appointment,  duties,  etc 682 

Police  courts,  criminal  jurisdiction  enlarged 538 

may  require  bail  of  .$500  on  appeal 540 

district  police  courts  established 715-727 

appeals  from,  how  taken 725 

civil  sessions,  when  and  where  held 725 

court  rooms,  how  provided 726 

executions,  when  issued  and  returnable 725 

final  judgment  in  criminal  cases,  when 725 

jurisdiction,  civil  and  criminal 724,  725 

justices,  special  justices,  and  clerks,  appointment, 

duties,  etc 723,  724,  761 

justices  to  act  as  clerks,  when 723 

salaries  of  justices  and  clerks 726,  727 

writs,  etc.,  form  of;  when  returnable 725,  726 

Police  offences,  imprisonment  in  county  house  of  correction  for 527 

Poll  tax,  assessment  and  collection  of 557 

Polling  places  and  booths,  requirements  of 784 

who  allowed  inside  guard  rail 784 

Polls,  when  to  open  in  cities 544 

Portsmouth,  appropriation  for  state  armory  in 831 

board  of  registrars  provided  for 976 

issue  of  water-works  bonds  authorized,  etc 916 

Portsmouth  Chronicle,  appropriation  in  favor  of 837 

Portsmouth  Times,  appropriation  in  favor  of 837 

Power  boats,  inspection  and  certification  of 743-745 

Poultry,  act  to  improve  and  encourage  breeding  of 735 

Prentiss,  Charles  W.,  appropriation  in  favor  of 839 

Pridham,  James  W.,  appropriation  in  favor  of 839 

Primary  election.     8ee  Elections. 

Prisoner  or  relatives  may  receive  earnings,  when ;   privilege  forfeited 

by  misconduct 736 


1913]  INDEX.  1073 

Prisoners'  Aid  Ass'n,  appropriations  for 508,  520 

Probate  courts,  appropriations  for  department 508,  519,  686 

names  changed  by 841-844 

terms  for  Carroll  county,  where  held 742 

Public  acts,  how  printed  and  distributed •  •  699 

Public  instruction,  appropriations  for  department 508,  519,  686 

superintendent,  appointment,  salary,  etc 683 

deputies,  appointment,  duties,  etc 683,  684 

Public  libraries,  state  publications  to  be  sent  to 526 

transfer  of  state  publications  to,  by  towns 526 

Public  printing  commission,  appropriations  for  department 507,  519 

indexer  of  records  to  be  clerk  of 546 

may  contract  with  non-residents,  when..  643 

not  to  contract  with  establishment  if  any 

member   interested ~. 643 

Public  service  commission: 

appropriations   for   department 508,  5_0 

sundry   purposes 821,  8o7 

assistant   clerk  provided   for 66o 

compulsory  attendance  of  witnesses 664 

production  of  books,  etc 666 

disposition  of  fees  and  costs  collected 677 

examination  and  testing  of  meters,  etc 631 

fixing  of  intrastate  railroad  rates 667 

joint  railroad  service  and  rates 668,  669 

grade  crossing,  order  for  protection  of 63-, 

grant  to  railroad  of  right  to  clear  adjacent  land 632,  689 

hearings  before  less  than  full  board 664 

independent  investigations  by  board 665,  666 

investigation  of  complaints  of  municipal  officers 666 

fares  of  Manchester  Street  Eailway 609 

railroad  accidents 674 

maximum  railroad  rates,  method  of  adjustment  provided 591-597 

expenditures    authorized 834 

may  order  lights  at  railroad  bridge  across  navigable  stream 833 

orders  of,  how  suspended  on  appeal 6/9 

rehearings  upon,  how  moved 677 

right  of  appeal  from;   procedure 677-679 

reconstruction  of  railroad,  etc.,  may  be  required 667 

reparation  by  railroad  if  excess  rate  collected 668 

procedure  if  order  not  obeyed 675 

report   to   legislature 

right  to  expend  money 664,  834 

salaries  of   members  increased . 

standard  units  of  service,  etc.,  provided  for 630 

steamboat  inspection,  powers  and  duties  with  respect  to 676,  743 

system  of  accounts  and  records,  establishment  of 570 

to  appraise  land  damages  caused  by  railroad  location 527 

to  approve  leases  of  public  utilities 670 

purchase  of  securities  of  other  companies 670 


1074  INDEX.  [1913 

Public  service  commission: 

to  approve  spark  arresters,  etc.,  on  locomotives 688 

to  make  rules  for  transportation  of  explosives 639 

to  regulate  construction  of  dams  over  tAventy-five  feet  high 525 

Public  Statutes  amended,  etc.: 

chapter     22,  sections  2-6,  councilor  districts,  how  constituted....  685 

23,  senatorial   districts,  how  constituted 692 

27,  section   20,   county   commissioners,   salaries   and   ex- 
penses  of 476,  523 

40,  section  4,  towns  may  raise  money,  for  what 533 

46,  section  8,  polls,  when  opened  and  closed  in  cities.  .  .  544 

55,  section  1,  taxation  of  male  polls 557 

55,  section  7,  personal  estate  liable  to  taxation 488,  503 

57,  section  5,  form  of  tax  inventory  blanks 768 

59,  section  1,  taxes  for  any  year  on  April  invoice 557 

59,  section  11,  abatement  of  taxes  by  court 540 

61,  section  9,  notice  of  tax  sale  to  mortgagee 731 

61,  section  11,  fees  of  collector  and  purchaser 731 

65,  section  8,  return  of  insurance  companies  for  taxation  547 
76,  sections  3,  4,  town  not  liable  for  damage  on  high- 
way if  load  excessive 491 

78,  section  1,  guide-boards,  where  to  be  maintained.  .  .  .  733 

78,  section  2,  penalty  for  neglect  to  maintain 733 

89,  section  3,  school  district  may  raise  money,  for  what.  782 

93,  section  14,  compulsory  school  attendance 782 

94,  section  1,  superintendent  of  public   instruction....  683 

112,  section  22,  sale  of  liquor  in  original  packages 756 

141,  section  10,  lien  of  laborer  on  building 566 

155,  sections  5,  6,  railroad  commission,  salaries  and  ex- 

penses  of 676,  680 

156,  sections  18-20,  railroad  extensions  and  branches.  .  .  .  676 
158,  section  9,  damages  caused  by  railroad  location,  ap- 
praisal of 527 

168,  sections    9-12,    insurance    agents,    appointment    and 

license  of 548 

169,  section  3,  mutual  insurance  company,  when  licensed.  769 
169,  section  8,  license  to  insurance  agent,  when  granted.  548 
169,  section  11,  license  of  insurance  agent,  revocation  of.  548 

173,  registration  of  births,  marriages,  and  deaths 539 

173,  section    1,    neglect    of    duty    as    to    vital    statistics, 

penalty    504 

184,  section  4,  probate  court  for  Carroll  county 742 

191,  section  11,  damages  for  death  by  negligence 757 

205,  sections  9,  10,  attachment  lien  on  creditor's  bill.  .  .  .  599 

211,  section  5,  jurisdiction  of  police  courts 538 

233,  sections  27-29,  levy  of  execution  on   realty  not  at- 
tached    " 498,  499 

243,  section  1,  owner  in  common  may  have  partition.  .  .  .  493 

243,  section  9,  issues,  how  framed  and  tried 493 

243,  section  26,  sale  of  estate  and  division  of  proceeds .  .  493 


1913]  INDEX.  1075 

Public  Statutes  amended,  etc. : 

chapter  252,  section  3,    appellant    from    police    or    justice    court 

to    recognize 540 

254,  section  4,  minors  charged  with  crime,  counsel  for.  .  .  499 

264,  offences  against  police  of  towns 527 

266,  section  12,  interference  with  laborers,  etc 764 

267,  section  1,  cruelty  to  animals  prohibited 541 

279,  section  1,  treason  and  misprision,  how  punished.  .  .  .  477 

284,  Industrial   School 588 

286,  section  17,  salaries  of  county  solicitors 567 

286,  section  18,  salaries  of  sheriffs 534 

286,  section  19,  salaries  of  coimty  treasurers 589 

Public  Statutes,  supplement  to,  purchase  authorized;  how  distributed.  807 

Public  utilities: 

accidents  causing  personal  injury,  etc.,  to  be  reported 674 

additional  rights  of,  how  secured 671 

approval  of,  by  public  service  commission 669 

certain  bonds  not  invalid  because  sold  at  less  than  par 503 

not  subject  to  statutory  debt  limit 504 

contracts  for  advertising  not  to  exceed  regular  rates 574 

dividends  payable  only  from  net  corporate  income 571 

electric  energy,  conveyance  outside  state  regulated 675 

falsification  or  destruction  of  accounts  or  records  prohibited 571 

free  service  or  reduced  rates  regulated 573 

lease  of,  to  be  approved  by  public  service  commission 670 

to  foreign  corporation,  prohibited 670 

mortgage  of  property  and  franchises  to  secure  bonds 674 

rates,  changes  in,  how  made 665 

rebates,  drawbacks,  etc.,  prohibited 574 

securities  of  other  companies,  how  acquired 670 

standard  units  of  service,  etc.,  establishment  of 630 

stock  and  bond  issues  regulated 671-674 

system  of  accounts  and  records,  essentials  of 570 

willfully  false  statements  or  entries  prohibited 666 

Purchasing  agent,  appointment,  duties,  and  compensation 651-653 

Eailroad  equipment,  fee  for  recording  contract  of  sale  of,  etc 478 

Eailroads : 

accidents  causing  personal  injury,  etc.,  to  be  reported 674 

additional  rights  of,  how  acquired 671 

caboose  cars  to  have  two  four-wheeled  trucks 605 

certain  bonds  not  invalid  if  sold  at  less  than  par 503 

not  subject  to  statutory  debt  limit 504 

contracts  for  advertising  not  to  exceed  regular  rates 574 

corporation  o^vning  majority  of  stock  to  make  return 751 

employees  may  be  deputy  forest  fire  wardens 688 

explosives,   transportation   restricted 639,  640 

falsification  or  destruction  of  accounts  or  records  prohibited....  571 

free  passes,  list  to  be  filed 574 

free   transportation   regulated 572 


1076  INDEX.  [1913 

Kailroads : 

grade  crossings,  order  for  protection  of 632 

instructions  as  to  j^revention,  etc.,  of  fires 689 

investigation   of   accidents 674 

joint  service  and  rates  therefor 668,  669 

land  damages  caused  by  location,  appraisal  of 527 

maintenance  of  lights  on  bridge  across  navigable  stream 833 

mileage  books  to  be  issued  for  five  hundred  miles 566 

mortgage  of  property  and  franchises  to  secure  bonds 674 

order  for  repayment  of  excess  rate 668 

procedure  if  such  order  not  obeyed 675 

rates,  change  in,  how  made 665 

intrastate,   how   fixed 667 

maximum,  method  of  adjustment  provided 591-597 

temporary  suspension  of 669 

rebates,  drawbacks,  etc.,  prohibited 574 

reconstruction  and  alteration,  how  effected 667 

right  to  clear  adjacent  land,  when  and  how  granted 632,  689 

signals  for  fires  on  right  of  way 688 

spark  arresters,  etc.,  on  locomotives 688 

stock  and  bond  issues  regulated 671-674 

system  of  accounts  and  records,  essentials  of 570 

willfully  false  statements  or  entries  prohibited 666 

Eaymond,  refund  of  bonded  debt  authorized 849 

Eaymond,  Charles  H.,  appropriation  in  favor  of 838 

Real  estate,  attachment  of,  on  creditor's  bill 599 

if  attachment  dissolved,  discharge  to  be  recorded 529 

levy  of  execution  on;  copies,  how  filed  and  recorded 498 

Rebating,  etc.,  by  insurance  companies  and  agents  prohibited 636-638 

Records  of  towns,  etc.,  copying  and  indexing  provided  for 646 

use  of  certified  copies  as  evidence 646 

Register  of  deeds  to  record  discharge  of  attachment  of  real  estate.  .  .  529 

le^•y  of  execution  on  real  estate 499 

Religious  institutions,  property  exempted  from  taxation 604 

Remick,  James  W.,  appropriation  in  favor  of 839 

Eemick  &  Hollis,  appropriation  in  favor  of 840 

Remington  Typewriter  Co.,  appropriation  in  favor  of 839 

Reports  of  state  departments  and  institutions,  printing  regulated.  .  .  .  640 

Rochester,  police  court  established 921 

revision  of  checklists 921 

ward  limits  defined 922 

Rockingham  county,  joint  action  as  to  Piseataqua  river  toll  bridges 

authorized 649 

salary  of  treasurer 644 

Rockingham  road  provided  for 700 

Rollinsford,  purchase  and  maintenance  of  light  and  power  plant  aii- 

thorized     911 

Rowe,  George  S.,  appropriation  in  favor  of 838 

Rumford  Printing  Co.,  appropriations  in  favor  of 839,  840 


1913]                                            INDEX.  1077 

St.  Paul  's  School,  charter  amended 958 

Salaries  increased: 

aldermen  of  Concord 882 

city  clerk  of  Berlin •         897 

commissioners  of  Merrimack  county 476 

Hillsborough   county 523 

judge  of  Berlin  police  court 868 

justices  of  superior  court 654 

supreme  court 654 

public  service  commissioners 663 

sheriff  of  Sullivan  county 644 

Coos  county 534 

solicitor  of  Carroll  county 567 

superintendent  of  public  instruction 683 

treasurer  of  Eockingham  county 644 

Strafford   county 589 

Sanborn,  Eugene  D.,  appropriation  in  favor  of 804 

Sanborn,  Lizzie  H.,  appropriations  in  favor  of 839,  840 

Schools : 

agriculture,  domestic  and  mechanic  arts,  etc.,  courses  provided  for  684,  703 

compulsory  attendance  provisions,  to  whom  applicable 782 

district  may  exempt  its  bonds  held  by  residents 528 

money  loaned  to  it  by  residents 531 

district  boards  may  recommend  relief  to  destitute  mothers 629 

medical  inspection  provided  for '. 558 

state  aid,  apportionment  of;  to  what  towns  payable 741 

state  superintendent,  appointment,  salary,  etc 683 

deputies,  appointment,  duties,  etc 683,  684 

Seavey,  Simon,  homestead  severed  from  Bartlett 972 

Secretary  of  state,  appropriations  for  department 507,  518 

duties  as  to  election  of  delegates  to  national  con- 
conventions     711,  712 

fee  for  filing  candidacy  of  ward  clerk 505 

recording   contract  as  to   railroad  equip- 
ment     478 

recount  of  primary  vote  for  ward  clerk.  .  .  506 
may   cause   certain   ancient   documents   to   be   re- 
corded, etc 646 

to  accept  service  upon  certain  purchasers  of  dairy 

products 780,  781 

upon  foreign  corporations 748,  749 

to  purchase  and  distribute  supplement  to  Public 

Statutes 807 

to  require  deposit   in   office  of  ancient  town  rec- 
ords, etc 646 

Senatorial  districts,  how  constituted 692-693 

Senators  in  congress,  nomination  and  election  of 569 

constitutional  amendment  as  to  election  ratified.  801 

Service  of  process,  how  made  upon  certain  purchasers  of  milk,  etc.  .  .  780,  781 

foreign    corporations 748,  749 


1078 


INDEX. 


1913 


1852,  chapter  13 S5 


1855, 

chapter 

1757, 
1757, 

1863, 

chapter 

2743, 

1878, 

chapter 

163, 
163, 

1881, 

chapter 

256, 
256, 

1887, 

chapter 

193, 
204, 
305, 
305, 

1891, 

chapter 

52, 

241, 
241, 

1893, 

chapter 

25, 

29, 
309 

1895, 

chapter 

81. 

Session  laws  amended,  etc. : 

1823,  chapter         3,  section  2,  New  Hampshire  Historical  Society  886 
section  2,  New  Hampton  Literary  and  Bibli- 
cal Institution,  powers  of 910 

section  1,  St.  Paul's  School  incorporated...  958 

section  3,  membership  of  corporation 958 

Simon  Seavey  homestead  annexed  to  Bartlett  972 

section  2,  Manchester  city  election 988 

section  3,  Manchester  city  officers 893 

section  18,  Dover  water-works 893,  992 

section  21,  Dover  may  borrow  money,  etc.  .  .  894 

section  2,  Gordon-Nash  Library,  powers  of.  .  894 

section  3,  Woodsville  fire  district 872 

section  1,  Alliance  Trust  Co 947 

section  3,   capital  stock  of 947 

section  5,  New  Hampshire  College  of  Agri- 
culture,  trustees  of 766 

section  9,  Rochester  checklists,  revision  of.  .  921 

section  26,  Rochester  police  court 921 

section  2,   fee   for   recording   contract   as   to 

railroad  equipment 478 

section  3,  highway  agents,  how  chosen 485 

sections  1,    2,    Rochester    wards    and    ward 

officers     922 

certain    orders,    etc.,    under    insurance    com- 
missioner       550 

section  1,  insurance  commissioner  given  juris- 
diction    550 

section  2,  repealing  clause  of  act 551 

railroad  stocks  and  bonds,  how  issued 676 

section  15,  polling  places,  booths,  etc 784 

state  board  of  charities,  inspections  by 479 

section  2,  Berlin,  ward  limits  in 856 

section  3,  Berlin  city  council 857 

section  7,     representatives  to  general  court.  .  858 

section  17,  Berlin  police  court .864 

Wolfeboro  village  fire  precinct 874 

section   1,  certain  days  made  holidays 494 

guardian  for  person  on  ewn  application ....  477 

Industrial    School 588 

section  3,  examining  board  for  plumbers.  .  .  500 

section  1,  vehicles,  taxation  of 487 

section  2,    Claremont    water-works,    right    of 

eminent    domain 940 

section  2,  Troy  Water  and  Improvement  Co., 

capital,  etc 959 

section  2,  Howe  Library,  powers  of 851 

Carroll  county  solicitor,  salary  of 567 

escapes  from  Industrial  School,  penalty 588 

sections    2,  6,    Cathedral    and    White    Horse 

ledges    482 


1897,  chapter 


1899,  chapter 


1901,  chapter 


81 

81 

19 

78 

91 

121 

121 

121 

121 

183 

11 

35 

45 

55 

94 

180 

187 

215 
11 
15 
34 


1913]                                             INDEX.  1079 

Session  laws  amended,  etc. : 

1901,  chapter       42,  increased  stock  of  railroad,  how  sold 676 

78,  section  7,  supreme  court  justices,  duties  of.  .  654 

79,  section  56,  lake  trout,  etc.,  protection  of .  .  . .  495 

79,  section  77,  oysters,  taking  regulated 562 

79,  section  78,  lobsters  protected 549 

84,  section  1,  printing  commission  provided  for.  643 
98,  section  4,      appropriation      for      town      tree 

wardens 601 

98,  section  7,  brush  fires  regulated 601 

220,  section  1,  Manchester  aldermen,  salaries  of.  .  930 

234,  section  2,  Somersworth  police  commissioners.  906 
1903,  chapter       22,  bonds,  etc.,  of  railroads  and  street  railways, 

*                issuance  and  sale  of 503 

82,  lake  trout,  etc.,  protection  of 495 

95,  section  5,  special  liquor  agents 777 

95,  section  6,  classes  of  liquor  licenses 776 

95,  section  7,   fees   for  liquor   licenses 776 

95,  section  8,  certain  persons  not  to  be  licensed.  588 
95,  section  9,  licenses    not    granted    for    certain 

locations   ^98 

95,  section  14,  revocation   of  licenses 640 

95,  section  16,  hours  and  days  of  sale 530 

112,  county  commissioners,  salaries  and  expenses 

of 476,  523 

223,  Dover  street  and  park  commissioners 990 

224,  section  6,  Lisbon  village  district,  officers  of.  989 

225,  section  2,  Berlin,  salary  of  city  clerk 897 

249,  section  1,    Nashua    &    Hollis    Electric    Eail - 

road  Co 895 

1905,  chapter       29,  section  1,  insurance  brokers,  licensing  of...  705 
35,  section  5,  state  highway  aid,  apportionment 

of 489 

35,  section  10,    annual   appropriation,    for    what 

purposes    available 603 

35,  section  19,  highway  bonds,  issuance  of 545 

41,  section  ^,  lien  of  laborer  on  building 566 

49,  sale  of  liquor  regulated 530 

50,  steamboats,  etc.,  inspection  and  license  of  .675,  680,  745 

107,  section  1,  salaries  and  expenses  of  judges.  .  .  654 

108,  neglect  of  parent  to  support  minor  child.  .  .  .  532 
150,  section  3,     Association      Canado-Americaine, 

dues  of 854 

162,  section  2,  Wentworth  Hospital,  trustees  of.  .  861 
212,  section  30,  Somersworth  city  officers,  salaries 

of  968 

1907,  chapter       22,  county  commissioners,  salaries  and  expenses 

of     476,  523 

36,  section  10,  lake  trout,  etc.,  protection  of .  .  .  .  495 
48,  section  4,  food  packages  misbranded,  when.  .  753 


1080                                               INDEX.  [1913 

Session  laws  amended,  etc. : 

1907,  chapter       51,  section  1,  brook  trout,  protection  of 561 

55,  section  1,  certain  bonds  exempted  from  tax- 
ation      528 

76,  section  1,  gray  squirrels  protected 732 

100,  express  charges,  how  regulated 676 

133,  expense  of  board,  etc.,  at  Industrial  School.  .  588 

137,  section  1,  form  of  fire-escapes  prescribed .  .  .  767 
140,  section  1,     uniform     allowance     to     militia 

officers 501 

142,  section  1,  barber  shops,  regulations  for 486 

289,  section  1,  Berlin  police,  salaries  of 883 

1909,  chapter       11,  section  6,  lobsters  protected 549 

32,  section  1,  lake  trout,  etc.,  protection  of 495 

34,  committals   to   Industrial   School 588 

60,  increased  stock  of  railroad,  how  sold 676 

75,  section  13,  report  of  state  auditor 480 

S3,  county  commissioners,  salaries  and  expenses 

of 476,  523 

102,  section  22,  disbursements  by  adjutant-general  765 

102,  section  46,  emergency  pmiahases  for  militia.  766 

102,  section  52,  staff  departments  and  officers.  .  .  .  502 

102,  section  139,  uniform  allowance    to  officers.  .  763 

105,  section  1,  deer,  killing  regulated 537 

107,  section  1,  mileage  books  good  to  bearer.  .  .  .  566 
114,  section  1,   concealed  weapons,   carrying  pro- 
hibited    484 

128,  section  2,  state  forester,  duties,  etc 696 

128,  section  6,  fire  districts  and  chiefs 697 

135,  dogs  kept  for  breeding,  licensing  of 497 

145,  section  1,  New  Hampshire  Horticultural  So- 
ciety, annual  appropriation  for 643 

151,  expense  of  board,  etc.,  at  Industrial  School.  .  588 

153,  section  2,  primary  law  not  applicable,  when.  505 

153,  section  5,  notice  of  primary  election 737 

153,  section  6,  declarations  of  candidacy,  form  of  737 

153,  section  7,  fees  to  be  paid  by  candidates.  .  .  .  505 

153,  section  10,  party  registry  at  primary 752 

153,  section  14,   fees  for   recounts 506 

158,  section  1,  state  school  aid,  to  what  towns.  .  .  741 

158,  section  2,  state  school  aid,  apportionment  of.  741 

266,  section  3,  Portsmouth  assessors,  salaries  of.  .  967 
291,  section  3,      Manchester     overseer      of     poor, 

salary    of 977 

305,  section  51,    Concord    mayor    and    aldermen, 

salaries   of 882 

320,  section  1,    certain    officers    of    Berlin,    how 

chosen    901 

1911,  chapter       11,  section  1,   pickerel    protected   in   Massabesic 

lake    535 


1913]                                                       INDEX.  1081 

Session  laws  amended,  etc. : 

1911,  chapter       49,  section  1,  boats  and  launches,  taxation  of..  488 

61,  insurance  brokers,  licensing  of 706 

65,  section   1,  horn   pout  protected 475 

72,  section  8,  Grafton  county,  jury  attendance  in  755 
87,  section  1,  insurance  companies  not  to  make 

certain  loans,  etc 563 

99,  section  2,  conviction   of   Ijribery   at   election, 

effect  of 481 

118,  section  4,  Wiunipesaukee  lake,  measuring  ap- 
paratus  at 728 

133,  section  1,  automobile     statute,     meaning     of 

terms  in 551 

133,  section  3,  automobile,  operation  and  registra- 
tion by  non-resident 552 

133,  section  7,  brakes,  mufflers,  horns,  and  lights.  553 

133,  section  9,  operation  without  license,  when.  .  .  553 
133,  section  12,     management     in     proximity     to 

horses    554 

133,  section  26,  fees  for  registration,  license,  etc.  555 

152,  section  1,  lake  trout,  etc.,  protection  of .  .  .  .  495 

155,  sentences  to  Industrial  School 588 

157,  liquor    not    to    be    sold    on    day    of    primary 

election    530 

162,  section  1,  minors,  prohibited  employment  of.  786 

162,  section  6,  daily  and  weekly  hours  regulated.  786 
164,  section  1,     public     service     commission     act, 

meaning    of    terms 662 

164,  section  2   (e),  public    service    commissioners, 

salaries   of 663 

164,  section  2    (f),  right  to  expend  money 664 

164,  section  2    (h),  commissioners,  disqualification 

of 664 

164,  section  2   (1),  compulsory  attendance  of  wit- 
nesses      664 

164,  section  6,  system  of  accounts,  etc.,  for  public 

utilities 570 

164,  section  7   (b),  rates,  changes  in,  how  made.  665 
164,  section  7   (e),    electric    energy,     conveyance 

outside   state 572 

164,  section  10    (b),  independent  investigations..  666 
164,  section  10   (c),  complaints  of  municipal  offi- 
cers,   investigation    of 666 

164,  section  11    (a),  fixing   railroad   rates 667 

164,  section  11    (b),  reconstruction    of    railroads, 

etc 667 

164,  section  13,  approval  of  public  utilities,  etc.      669-671 

164,  section  14   (a),  stock  and  bond  issues 671 

164,  section  14   (c),  offer  of  new  stock  to  stock- 
holders      672 


1082                                             INDEX,  [1913 

Session  laws  amended,  etc. : 

1911,  chapter     164,  section  14  (d),  sale  of  new  stock  by  auction  673 
\                              164,  section  14   (e),  issue  of  stock  for  purchases.  673 
164,  section  15   (a),  railroad     accidents,     investi- 
gation  of 674 

164,  section  17,  orders  of  commission,  how  served  676,  680 

164,  section  20,  report   of   commission 676 

164,  section  21,   repealing   clause 676 

169,  section  8,  tax  commission,  powers  and  duties  785 
178,  section  2,  exempted  land  in  Newbury  to  be 

valued  for  state  and  county  tax 492 

183,  Hall  of  Heroes  commission 751 

192,  section  1,  improved    highways,    mainteuauee 

of 60S 

198,  section  1,  labor  commissioner,  salary,  etc.  .  .  541 

198,  section  6  [5],  board  of  arbitration 746 

198,  section  6,  sworn  statements  as  to  dispute.  .  .  .  747 

198,  section  7,  strikes  and  lockouts,  procedure.  .  .  747 
272,  section  1,  Baptist      Convention,      charter 

amended    855 

321,  section  7,  Antrim   electric   plant,   appropria- 
tions for 990 

321,  section  8,  Antrim  electric  plant,  adoption  of 

act   990 

347,  Manchester  city  officers,  salaries  of 915 

1913,  chapter         2,  county  commissioners,  salaries  and  expenses 

of  523,  645 

61,  section  1,  pike,  etc.,  protection   in  Connecti- 
cut river 647 

81,  section  6,   automobiles,    etc.,   fees    for   regis- 
tration of 729 

320,  section  2,  Pine  Park  Ass'n,  management  of.  940 
353,  Israel 's     Eiver     Improvement     Co.,     charter 

rights    limited 928 

381,  section  8,  Guaranty  Trust  Co.,  charter  of.  ..  942 

Sewage,  state  board  of  health  to  approve  plans  for  discharge  of 760 

Shadow    lake 501 

Shadwaiters,  protection  in  Winnipesaukee  and  Paugus  lakes 495 

Shepard,  Charles  E.,  appropriation  in  favor  of 839 

Slash,  disposal  by  lumber  operators  regulated 690 

Smiley,  Eobert  L.,  appropriation  in  favor  of  widow 803 

Smith,  John  T.,  appropriation  in  favor  of 838 

Smith's  bookstore,  appropriation  in  favor  of 840 

Snow,  Clifford  L.,  appropriation  in  favor  of 836 

Society  for  Protection  of  New  Hampshire  Forests,  certain  lands  ex- 
empted   from 
taxation.  ..492,  524,  597 
certain  legacy  ex- 
empted   fro  m 

taxation 597 


1913]                                           INDEX.  1083 

Soldiers  and  sailors,  appropriation  for  burial  of 827 

Somersworth,  city  auditor,  salary  of 968 

clerk  of  assessors,  salary  of 967 

issue  of  refunding  bonds  authorized 967 

police  commissioners,  appointment  of 906 

taking  of  Cole's  or  Lily  pond  authorized 847 

Souhegan  Tribe,  No.  49,  Improved   Order  of  Eed  Men,   of  Wilton, 

N.  H.,  charter  of 881 

South  Carolina  bonds,  suit  for  collection  authorized 813 

South  Side  road  provided  for 694-696 

Spanish  War  Veterans,  towns  may  entrust  Memorial  Day  expendi- 
tures to 533 

Spark  arresters,  etc.,  to  be  used  on  locomotives 688 

Stanley,  Charles  M.,  appropriation  in  favor  of 839 

State  auditor,  appropriations  for  department   507,  518 

report  to  show  unexpended  appropriations 480 

State  board  of  agriculture,  ax^propriations  for  department.  .  .■ 509,  521 

board  abolished;  commissioner  of  agricul- 
ture to  perform  duties 704 

transfer  of  appropriations 705 

State  board  of  cattle  commissioners: 

appropriations  for  department 509,  521 

board  abolished;  deputy  commissioner  of  agriculture  to  perform 

duties 704 

transfer  of  appropriations 705 

State  board  of  charities  and  correction: 

appropriations  for  department 509,  520 

powers  and  duties  with  respect  to  blind 606 

children  released  or   indentured 

by  Industrial  School 587 

indigent  consumptives 826 

inspection   of  state  and   county 

institutions 479 

State  board  of  health : 

appropriations  for  department 510,  521 

seal  provided  for 498 

powers  and  duties  with  respect  to  construction  or  enlargement  of 

water  systems 760 

discharge     of     sewage     into 

streams,  etc 760 

medical  inspection  of  schools .  .  559 

report  of  occupational  diseases  607 

tiaberculosis  bulletins 488 

State  board  of  license  commissioners  abolished;  new  board  created.  .  .  777 
State  board  of  registration  in  dentistry,  appropriations  for  department  510,  521 

name  changed  to  New  Hampshire  state  dental  board 656 

State  departments,  etc.,  to  pay  receipts  to  state  treasurer 687 

State  employees,  salaried,  to  be  paid  monthly 754 

not  under  salary,  wages  payable  biweekly 504 

40 


1084                                           INDEX.  [1913 

State  highways.     See  Highways,  permanent  improvement  of. 

State  historian,  appropriations  for  department 511,  522 

State  house,  appropriations  for  department 507,  519 

improvements    818 

improvements  in  yard 816 

State  lands,  etc.,  in  Crawford  Notch,  sale  authorized 759 

State  library,  appropriations  for  department 508,  520 

library    bulletin 834 

legislative  reference  bureau  provided  for 761 

State  liquor  agent,  office  abolished 777 

State  officers  may  charge  expense  of  trips  outside  state,  when 544 

to  pay  certain  receipts  to  state  treasurer 687 

State  prison,  appropriations  for  department 509,  520 

payment  of  earnings  to  convict  or  relatives 736 

State  publications  to  be  sent  to  free  public  libraries 526 

transfer  of,  to  public  libraries,  by  towns 526 

State  tax,  apportionment  of 575-581 

for  1913 603 

for  1914  and  1915 740 

State  treasurer,  appropriations  for  department 507,  518 

expense  of  administration  on  petition  of,  how  paid.  .  758 

receipts  of  state  departments,  etc.,  payable  to 687 

to  issue  highway  bonds 695 

state  normal  school  bonds 710,  811 

Steamboat  inspection,  appropriations  for  department 510,  521 

disposition   of  sums   received 745 

fees  for  certificates  of  inspection 744 

to  captains,  etc 745 

inspector,  appointment,  duties,  salary,  etc 743 

operation  of  uncertified  boat,  penalty* 744 

by  uncertified  captain,  etc.,  penalty.  744 
powers  and   duties   of  public   service   com- 
mission     675,  676,  743 

rules  and  regulations  to  be  prescribed 743 

Steele  pond,  ice-fishing  prohibited  in 495 

Stevens,  Eaymond  B.,  appropriation  in  favor  of 835 

Strafford  county,  deposit  of  county  funds  regulated 589 

joint  action  as  to  Piscataqua  river  toll  bridges  au- 
thorized      649 

salary  of  treasurer 589 

Street,  lane,  etc.,  discharged  of  servitude  after  twenty  years'  disuse.  .  610 

Street  railways,  use  of  high-power  lights  regulated 565 

Strike  investigating  committee,  appropriation  in  favor  of 839 

Sugar  Loaf  road,  appropriation  for 816 

Sullivan  county,  salary  of  sheriff 644 

Sullivan  County  Eailroad,  construction  of  connecting  line  authorized.  .  948 

Sullivan,  Dennis,  appropriation  in  favor  of 839 

Suncook  Valley  Eailroad,  extension  to  Manchester  authorized 934 

Superior  court,  appropriations  for  department 508,  519,  686,  835 

jurisdiction  in  abatement  of  taxes 540 

salaries  and  expenses  of  justices 654 


1913]                                            INDEX.  1085 

Superior  court,  to  appoint  county  auditors 641 

to  fill  vacancies  in  county  offices 642 

to  prescribe  form  of  printed  writs 524 

Supreme  court,  appropriations  for  department 507,  519,  686,  835 

justices  may  sit  in  superior  court 654 

may  restore  privileges  after  conviction  of  bribery  at 

election   481 

after  conviction  of  treason  or 

misprision 477 

salaries  and  expenses  of  justices 654 

Surety  company,  investment  of  funds  regulated.  .  . ., 530 

liability  on  single  bond  limited 529 

Swain,  C.  H.  &  Co.,  appropriation  in  favor  of 840 

Tax  abatement,  petition  for,  when  to  be  filed 540 

superior  court  Las  jurisdiction  in 540 

Taxation  of  boats  and  launches 487 

factory  insurance  companies 564 

fowls    487 

horses,  asses,  mules,  and  neat  stock 503 

male  polls 557 

vehicles    487 

Tax  commission,   appropriations  for  department 508,  520 

may  reassess  if  municipal  officers  refuse 785 

Tax  exemptions: 

bonds  of  school  district  held  by  residents 528 

state,  counties,  municipalities,  etc 602 

Chase  Home  for  Children 930 

Daniel  "Webster  birthplace 875 

Franklin  Armory  Ass  'n 876 

Good    Will    Institute 929 

Infant  Asylum  of  Our  Lady  of  Perpetual  Help 931 

L  'Hopital  Notre  Dame  de  Lourdes  de  Manchester,  N.  H 933 

money  loaned  to  school  district  by  residents 531 

New  Hampshire  Settlement  Ass'n 927 

Orphans '   Home   of   Concord 943 

Pembroke    water -works 971 

Pine  Park   Ass  'n , 877 

property  of  educational,  charitable,  and  religious  institutions  and 

of  temperance  societies 604 

Society  for  Protection  of  New  Hampshire  Forests,  land  in  New- 
bury   492 

land  in  Tam- 

worth 524 

land  in  Wood- 
stock   597 

legacy      from 
Caroline 

Martin 597 

state  highway  bonds 695 


1086                                              INDEX.  [1913 

Tax  exemptions: 

State  Normal  School  bonds 710,  812 

Young  Men 's  Christian  Ass  'n  of  Berlin 933 

Tax  inventory  blanks,  form  prescribed 768 

Tax  on  incomes,  constitutional  amendment  ratified 802 

Tax  sale,  notice  to  non-resident  mortgagee;   fees 731 

Temperance  societies,  property  exempted  from  taxation 604 

Thompson  &  Hoague,  appropriation  in  favor  of 840 

Timber,  towns  may  purchase  land  for  growing  of 497 

Tolford,  Gebrge  G.,  appropriation  in  favor  of 836 

Toll  bridges,  method  of  freeing  provided 648 

on  Piscataqua  river,  joint  action  authorized 649 

Towns,  acquisition  and  maintenance  of  lighting  systems  by 770-775 

aid  to  visiting  or  district  nurse  associations 533 

guide-boards,  maintenance  and  marking  of 733 

may    entrust    Memorial    Day    expenditures    to    Spanish    "War 

Veterans   533 

may  instruct  selectmen  to  appoint  highway  agent 485 

may  make  excess  appropriation  for  highway  improvement.  .  .  .  489 

may  purchase  lands  for  growing  of  timber 497 

may  transfer  state  publications  to  public  libraries 526 

not  liable  for  damage  on  highway  if  load  excessive 491 

Treason,  restoration  of  privileges  after  conviction 477 

Troy  Water  and  Improvement  Co.,  charter  amended 959 

True,  Eeuben  C,  appropriation  in  favor  of 838 

Trustee  suits,  costs  limited  if  settlement  made  or  tendered 536 

service  upon  foreign  corporation,  how  made 749 

Tuberculosis,  appropriation  for  treatment  of  patients 826 

bulletins  concerning,  how  prepared  and  distributed 488 

Tuftonboro  school  district,  meeting  legalized 973 

Turners '  Eelief  Society,  of  Manchester,  N.  H.,  charter  of 878 

Underwood  Typewriter  Co.,  appropriation  in  favor  of 840 

Union  Manufacturing  Co.,  charter  amended 957 

Union  Surety  Co.,  charter  of 903 

Union  Trust  Co.,  consolidation  with  Concord  Trust  Co.  authorized ....  969 

United  Life  and  Accident  Insurance  Co.,  charter  of 888 

United   States,  •condemnation  proceedings  by,  what  deemed  sufficient 

notice 755 

United  States  senators,  nomination  and  election  of 569 

constitutional     amendment      as     to     election 

ratified  801 

Upper  Beech  pond,  name  changed  to  Alpine  lake 485 

Vehicles,  taxation  of 487 

to  have  lights  on  public  highways,  when 590 

Vermont  boundary  commission  provided  for 814 

Visiting  nurse  associations,  towns  may  aid 533 

Vital  statistics,  neglect  of  duty  concerning,  penalty 504 

Voting  machines,  examination  and  use  provided  for 787-791 


1913] 


INDEX. 


1087 


Waite,  Clayton  T.,  appropriatiou  in  favor  of 804 

Walcb,  A.  Francis,  appropriation  in  favor  of 839 

Waldron,  George  D.,  appropriation  in  favor  of  estate 835 

Walton,  Donald  S.,  appropriation  in  favor  of 839 

Ward  clerks,  how  nominated  at  primaries 505 

Ward,  Walter  J.  A.,  appropriation  in  favor  of 804 

Warren,  appropriation  for  ISOtli  anniversary  authorized 898 

Waterman,  Thomas  P.,  appropriation  in  favor  of 838 

Water-povrer  company,  forfeiture  of  charter  for  non-use 600 

Water  supply,  state  board  of  health  to  approve  plans  for 760 

Waterville  in  police  court  district  of  Plymouth 754 

Webster,  Daniel,  appropriation  for  restoration  of  birthplace 829 

birthplace  exempted  from  taxation 875 

Weiss,  John  Fox,  appropriation  in  favor  of 813 

Wells,  Walter  B.,  appropriation  in  favor  of 804 

Wentworth  Hospital,  annual  organization  of  trustees 861 

West  Side  road,  appropriation  for 696 

Whitefield,  issue  of  bonds  authorized 884 

White  Horse  ledge,  forestry  commission  to  have  care  of 482 

Wilson,  Paul  K.,  appropriation  in  favor  of 839 

Wilson  road,  appropriation  for 809 

Winnepauket  lake,  fishing  regulated 655 

Winnipesaukee  lake,  appropriation  for  lights  at  outlet 833 

lights  opposite  Melvin  Village.  817 

gauging  station  provided  for 728 

Wolfeboro  village  fire  precinct  may  furnish  electric  light  and  power.  .  874 

Women,  hours  of  labor  regulated 590 

Woodstock  &  Thornton  Gore  Railroad,  charter  amended 962 

Woodsville  fire  district,  powers  of  commissioners 872 

Wooster,    George   A.,   homestead   severed   from   Concord   town    school 

district  and  annexed  to  union  school  district 847 

Workingmen's  Relief  Society  of  Manchester,  N.  H.,  charter  of 879 

Wrinkles,   taking  restricted 759 

Writs,  how  served  upon  certain  purchasers  of  dairy  products 780,  781 

foreign    corporations 748,  749 

superior  court  to  prescribe  printed  forms 524 

Young,  Harrie  M.,  appropriation  in  favor  of 839 

Young  Men's  Christian  Ass'n  of  Berlin,  charter  of;   exempted  from 

taxation 932,  933 


GENERAL  INDEX. 


GENKRAL    INDEX 

TO 

NEW  HAMPSHIRE  LAWS 

PASSED   AT    THE 

JANUARY  SESSIONS  OF  1911  AND   1913. 


Accident  insurance,  form  of  policy  prescribed,  etc 791-800 

Acts  of  1913,  when  to  take  effect 684 

Adjutant-general,  accounts  for  purchases  by,  how  audited 766 

appropriation  for  clerical  expenses  of 105 

printing  report 277 

appropriations  for  department 211,  267,  510,  522 

approval  of  military  accounts  by 766 

statement  of  disbursements,  how  audited  and  filed.  .  765 

to  furnish  funds  to  paymasters 123 

to  have  rank  of  brigadier-general 5,  123 

Administration  on  petition  of  state  treasurer,  expense  of,  how  paid.  .  .  758 

liability  of  such  administrator  for  inheritance  tax 758 

Adoption  of  infants,  procedure  prior  to 152 

of  person  of  full  age,  how  effected 4 167 

Advertisement,  for  political  purposes,  to  be  designated  and  signed.  .  .  Ill 

for  workmen,  existence  of  strike,  etc.,  to  be  stated.  .  .  764 

of  state  resources,  etc.,  appropriation  for 828 

Agriculture,  department  of,  created 701-705 

agricultural  districts  established 702 

commissioner  of  agriculture,  appointment,  duties,  etc 702-704 

deputy  commissioners,  appointment,  duties,  etc 704 

disposition  of  moneys  received 704 

district  boards,   appointment,  duties,  etc 702 

duties  as  to  certain  purchasers  of  dairy  products 780 

enforcement  of  laws  relating  to  fertilizers,  etc 704 

farmers'  institute  meetings  provided  for 703 

New  Hampshire  College  of  Agriculture,  co-operation  with 703,  704 

report  to  the  governor  and  council 704 

superintendent  of  public  instruction,  co-operation  with 703 

transfer  of  appropriations 705 

Ahern,  William  J.,  appropriation  in  favor  of 839 

Alliance  Trust  Co.,  charter  amended;    name   changed  to   Wonolancet 

Trust  Co 947 

Alpine   lake 485 

Alstead,  public  landing  and  wharf  on  Warren  pond  authorized 909 


1092  GENERAL  INDEX.  [1913 

Alton,  town-meeting  legalized 973 

Amherst,  establishment  of  water-Avorks  authorized 935 

Ancient  town  records,  etc.,  copying  and  indexing  provided  for 646 

use  of  certified  copies  as  evidence 646 

Animal,  purchase  of  when  unfit  prohibited 541 

Antrim,  electric  plant,  establishment  authorized 377 

act  establishing,  how  adopted 990 

appropriations  for,  how  made 990 

Appeal  from  police  court  or  justice,  copies,  with  whom  filed 116 

Apportionment  of  representatives  to  general  court 86-89 

Appraisal  by  one  i^erson,  judge  of  probate  may  authorize 57 

Appropriation  for  adjutant-general 105,  211,  267,  277,  510,  522 

advertising  state  resources,  etc. 828 

attorney-general 208,  264,  508,  519 

bank  commission 207,  263,  507,  518 

board  of  registration  in  optometry 510,  521 

boulder  at  Horace  Greeley  birthplace 273 

bounties     on     bears,     grasshoppers,     and 

hedgehogs 211,  267,  510,  522 

buoys,  flags,  etc.,  at  Lakeside,  Sunapee  lake 297 

burial  of  soldiers  and  sailors 827 

Cherry  Pond  dam 561 

child  labor  act,  purposes  of 181 

conference  of  governors,  expense  of 817 

constitutional    convention 208,  299 

Crawford    Notch    award 825 

Dartmouth    College 209,  265,  300,  819 

■-      deaf,  dumb,  and  blind 209,  265,  508,  520,  686 

deputy  secretary  of  state 277 

detection,  etc.,  of  bribery  at  elections 818 

executive  department 206,  262,  294,  507,  518,  825 

feeding  stuffs  inspection 740 

fertilizer  inspection 739,  740 

fighting  forest  fires  by  towns 806 

firemen's  relief  fund 211,  268,  510,  522 

fish  and  game  commission 212,  268,  277,  510,  522 

fish  hatchery  at  Conway 294 

forest  protection 212,  219,  268,  511,  522,  822 

forest  reservation  at  Crawford  Notch 133 

Gettysburg  anniversary  celebration 806,  822 

memorial  to  First  New  Hampshire  Bat- 
tery      297 

representation  at  anniversary 299 

Grand  Army  of  the  Republic 213,  269,  510,  522 

Granite  State  Deaf  Mute  Mission 281 

Hall  of  Heroes  commission 243 

Hannah  Dustin  monument,  cleaning,  etc 278 

highway    department 212,  268,  511,  522 

highways.     See  Highways,  appropriations  for. 

indexing    207,  263,  507,  519 


1913]  GENERAL  INDEX,  1093 


Appropriations  for  Industrial  School 210,  253,  266,  277,  298,  SOO,  509 


.:20 

insurance   commission 207,  263,  507,  518,  805 

interest  charges  and  maturing  bonds 212,  268,  508,  520 

investigation  of  railroad  rates 261 

labor   bureau 210,  266,  509,  521 

legacy  tax  department 507,  518,  804 

legislative  expenses 208,  264,  507,  519,  684 

library  bulletin , 834 

lights  and  buoys 211,  267,  510,  522,  817,  833 

lunacy   commission 209,  265,  509,  520 

medical  referees 211,  267,  510,  521 

military  organizations 510,  522 

moth    suppression 212,  268,  510,  522 

New  England  railroad  conference  board 809 

New  Hampshire  College  of  Agriculture.  .209,  265,  509,  520 

735,  810,  830 

Historical  Society 213,  269,  510,  522 

Horticultural  Society 283,  643 

School  for  Feeble-Minded  Children  210,  266 

295,  509,  521,  814,  829 

Settlement    Association 301 

Soldiers'   Home 210,  266,  281,  508,  520 

State  Hospital. 209,  249,  266,  509,  520,  830 

State  Normal  School,  Keene.  .209,  265,  509 

520,  811 

State  Normal  School,  Plymouth..  209,  265 

509,  520,  709 

State    Sanatorium.. 210,  266,  277,  285,  509 

521,  686,  805,  824 

Old  Home  week  observance,  etc 823 

pharmacy    commission 211,  267,  510,  521 

Pierce  statue 821 

Portsmouth   armory 831 

Prisoners'   Aid   Ass'n 210,  266,  508,  520 

probate   courts 208,  264,  508,  519,  686 

public  instruction 209,  265,  277,  508,  519,  686 

public  printing   commission 207,  263,  507,  519 

public  service  commission 207,  263,  508,  520,  821,  837 

publication  of  proceedings  at  state  house  dedication  274 

railroad  commission  report 294 

screening     Blaisdell     lake 287 

Half   Moon   pond 291 

Montgomery  lake 293 

Success  pond 293 

Suncook   pond 292 

Webster  lake 288 

secretary  of  state 206,  262,  507,  518 

state  aid  to  common  schools 236,  277 

state   auditor 207,  263,  507,  518 

state  board  of  agriculture 210,  266,  509,  521 


1094  GENERAL  INDEX.  [1913 

Appropriation  for  state  board  of  cattle  commissioners 210,  266,  509,  521 

charities  and  correction. .  .  .209,  265,  509,  520 

health    210,  266,  510,  521 

registration  in  dentistry. .  .211,  267,  510,  521 

state    historian 212,  269,  511,  522 

state  house 207,  264,  277,  507,  519,  818 

state  house  yard 816 

state  library 209,  265,  277,  508,  520 

state  prison 210,  266,  277,  509,  520 

state  reformatory  committee 287 

state    treasury 207,  263,  294,  507,  518 

steamboat  inspection 211,  267,  510,  521 

superior  court 208,  264,  508,  519,  686,  835 

supreme    court 208,  264,  277,  507,  519,  686,  835 

tax  commission 207,  263,  508,  520 

tuberculosis,  treatment  of 290,  826 

Webster  birthplace,  restoration  of 829 

Appropriation  in  favor'  of  Ahern,  William  J 839 

Barrett,  Charles  H.,  estate  of 839 

Bartlett,  Fred  A 803 

Bartlett,  John  F 302,  804 

Batcbelder,  Philip 839 

Bean,  Charles  H 286 

Bent  &  Bush  Co 302 

Beverstoek,  Oscar  D 302,  804 

Bickf ord,  Arthur  F 276 

Blackwood,   John   A 838 

Boston  &  Maine  Eailroad 810 

Bradbury,   Frank   0 838 

Brandeis,   Louis   D 303 

Bresnahan,  George  IT 839 

Britton,  A.  H.  &  Co 303,  840 

Brown,  Fred  G 276 

Brown,   Eichard 804 

Brown  &   Saltmarsh 839 

Burbank,  Eoy  M 839 

^        Burkett,  Eay  E 839,  840 

Burque,  A.  U.  &  Co 840 

Burque,   Henri 839 

Burroughs,   Sherman   E 303,  839 

Buzzell,   Eose   M 839 

Calvert,  Edgar  H 301 

Carey,   Bernard  W 303,  839 

Carpenter,  John  S 840 

Carter,  George  E 303,  839,  840 

Carter,  Solon  A 839 

Chandler,   Preston 284 

Chase,   Frank 804 

Chase,  Frank  A 302 

Chase,  William  M 839 


1913]                    GENERAL  INDEX.  1095 

Appropriation  iu  favor  of  Cheshire  Kepublicaii S37 

Chesley,    Daniel 836 

Chronicle  &  Gazette  Publishing  Co 303 

Clapp,  Emma  C 839,  840 

Clark,  Henry  H 819 

Clifford,  M.  E.  &  Co 303 

Collins,  John  J 838 

Collins,  Margaret  E 302,  303 

Concord  Electric  Co 840 

Concord   Hardware  Co 840 

Concord  Patriot 837 

Concord  Steam  Laundry  Co. 303 

Conlen,    Harold   W 839 

Cook,  Edmund  S 303 

Courtney,  Nellie  A 839 

Critchett,  William  W 301,  804 

Davis,  Albert  P 301,  839 

Davis,  Harold  L 276 

Dimond,  M.   J 839 

Dodge,  Alfred  T 302 

Dodge,  James  H 839 

Donovan,  Mary  E 302 

Dover,    Somersworth    &    Rochester    Street 

Eailway  Co 810 

Dow,  Jacob  E 302 

Dow,  William  E 302,  839 

Dutton,  Burt  L 838 

Eastman,  Edson  C 303,  839,  840 

Edgerly,  Edwin  B 302 

Emerson,  Henry  A .  836 

F.  E.  Nelson  Co 302 

Farley,    Ferdinand 839 

Felch,  Albert  D 284 

Fitzpatrick,  Martin  W 302 

Ford  &  Kimball 840 

Forrest,    George    S 839 

Foss,  Clayton  C 276 

Foster,  George  J.  &  Co 303 

French,  James  E 302 

Gage,   J.   E 840 

Garland,  Charles  C 302 

George,  Helen 302,  303 

Gerry,  James  0 283 

Gift    Shop 840 

Gile,   George   E -. 838 

Glick,  E.   L 303 

Goodman,  W.  P 302,  840 

Gordon,  Earle  C 303 

Haggett,   William   M 303,  840 

Harrington,   S.   D 840 


1096  GENERAL  INDEX.  [1913 

Appropriation  in  favor  of  Harrity,  Peter  T 291 

Hawkes  &  Davis 302 

Hayes,  Edward  J 302,  303 

Hayes,  Eobert  J 838 

Head,    Samuel 838 

Healey,  George  P 839 

Herald   Publishing  Co 303 

Hewitt,   C.   E 292 

Hill  Hardware  &  Paint  Co 840 

Hoague,  Edgar  C 838 

Holden,   Charles   A 302,  804 

Holman,  William  M 302,  804 

Holt,   Luther   J 839 

Howard,  Waldo  E 276 

Ideal  Stamp  Co 302,  840 

Ingalls,  William  D 839 

J.  C.  Derby  Co 303 

J.  M.  Stewart  &  Sons  Co 839,  840 

Jackson,  Henry  O 839 

Jackson,  Lyman  A 838 

Jenkins,  Melvin  J 301,  804 

Jenks,  Walter  L.  &  Co ^.  .  302 

John  B.  Clarke  Co 302,  837 

Jones,    Fred 838 

Joyal,  J.  W.  S 838 

Kenney,  Joseph 840 

Kidder,  Henry  W 838 

Kimball,   Charles   V 839 

Lake,  George  W 838 

Laws,  William  H 302 

Lord,  Harry  T 280 

Loughlin,    James    A 301,  839 

Mace,  Frank  A 838 

^  Madigan,  T.  H.,  Jr 840 

Manchester   Leader 837 

Manchester  Union  Co 302,  837 

Martin,  Llewellyn  E 839 

McCarthy,  William  G 838 

McHugh,    Thomas 840 

Melvin  &  Fitts 302 

Merriman,    Carl    P 302 

Merryman,  Carl  C 276 

Monitor  &  Statesman  Co 302,  837 

Morrison,  Charles  E 838 

Mount  Madison  House 840 

Nelson,   Howard  O " 302,  804 

Nelson,  N.  C.  &  Co ." 303,  840 

Nilson,  Alma  E 302 

Niven,  John  L 285 

O  'Dowd,  Richard  M 302,  804 


1913]                    GENERAL  INDEX.  1097 

Appropriation  in  favor  of  Office  Toilet  Supply  Co 840 

O  'Malley,    Michael 839 

Parker,  George  W 276 

Patriot  Publishing  Co 302 

Patten,  Scott  S 838 

Perkins,  Charles  A 838 

Pillsbury,  E.  W 303 

Portsmouth    Chronicle 837 

Portsmouth  Times 837 

Prentiss,  Charles  W 839 

Pridham,  James  W 278,  839 

Eantoul,  Eobert 303 

Eaymond,   Charles   II 838 

Eemick,  James  W 839 

Eemick  &  Hollis 840 

Eemington  Tyj^ewriter  Co 839 

Eowe,    George    S 838 

Eumford  Printing  Co 839,  840 

Sanborn,   Eugene  D 302,  804 

Sanborn,  F.  W 302 

Sanborn,  Lizzie  H 302,  839,  840 

Sentinel   Publishing  Co 302 

Shepard,  Charles  E 839 

Sias,   Xewell   P 282 

Smiley,  Eobert  L.,  widow  of 803 

Smith,  John  T 838 

Smith,    Maurice    P 302 

Smith  Premier  Typewriter  Co 302 

Smith's  bookstore 840 

Snow,  Clifeord  L 836 

Spreadby,   David 279 

Stanley,  Charles  M 839 

Stevens,   Eaymond   B 835 

Stewart,  J.  M.  &  Sons 303 

strike    investigating    committee 839 

Sullivan,    Dennis 839 

Swain,  C.  H.  &  Co 303,  840 

Telegraph  Publishing  Co 302 

Thompson  &  Hoague 302,  840 

Thurston,  David  M 280 

Tolford,   George   G 836 

True,  Eeuben  C 838 

Underwood  Typewriter   Co 840 

Waite,  Clayton   T 302,  804 

Walch,   A.   Francis 839 

Waldron,  George  D.,  estate  of 835 

Walpole   296 

Walton,  Donald  S 839 

Ward,  Walter  J.  A 302,  804 

Warren,  Frank  F 302 


1098                     GENERAL.  INDEX.  [1913 

Appropriation  in  favor  of  Waterman,  Thomas  P 838 

Weeks,  Nathan  0 275 

Weiss,  John  Fox 813 

Wells,  Walter  B 302,  804 

Whithed,   Solon  S 302 

Wilson,  Taul  K 839 

Young,  Harrie  M 302,  839 

Appropriations,  unexpended,  to  be  shown  by  state  auditor's  report.  .  .  480 

to  lapse  after  three  years 539 

Arbitration  and  conciliation,  state  board  provided  for 745,  746 

proceedings  before  and  findings  of  board 748,  747 

Arbitration  of  labor  disputes  provided  for 270,  271 

Army  and  Navy  Ass'n  of  Portsmouth,  realty  exempted  from  taxation.  395 

Assessment  casualty  insurance,  regulation  of 550 

Association  Canado-Americaine,  charter  amended 854 

Attachments,  additional,  superior  court  may  permit 54 

how  made  on  creditor 's  bill 599 

of  bulky  articles,  how  made 135 

of  real  estate,  how  made 55 

discharge  to  be  recorded 529 

Attorney-general,  appropriations  for  department 208,  264,  508,  519 

authorized  to  collect  South  Carolina  bonds 813 

to  compromise  railroad  tax  litigation.  .  .  288 
to  prosecute  and  defend  certain  rate  and 

tax  litigation 274 

duties    defined ;    salary    increased ;    clerical    expense 

provided    for 251,  252 

if  incapacitated,  acting  attorney-general  to  be  ap- 
pointed      252 

to    direct   expenditure   of   fund   to   jirevent   bribery 

at    elections 818 

to  enforce  forfeiture  of  unused  water-power  charter.  600 
to    investigate    and    prosecute    complaints    against 

licensed  liquor  dealers 777 

Auditors  of  printers'  accounts,  office  abolished 30 

Automobiles,  etc.,  revenue  from,  how  expended  on  non-trunk  roads.  .  .  608 

use  regulated;  provisions  for  registration,  etc 137-150 

551-556,  729 

what  deemed  "commercial  motor  vehicle" 729 

wrongful  use  of,  how  punished 61 

Balch  Hospital  exempted  from  taxation 323 

Band  concerts,  appropriations  for  by  towns  authorized 84 

Bank  commission,  appropriations  for  department 207,  263,  507,  518 

board  abolished;  one  commissioner  .and  deputy  pro- 
vided for 680 

fees  for  examination  of  banks,  etc 681 

proceedings  for  liquidation  of  banks 60-74 

Banking  companies,  etc.,  conduct  of  business  regulated 126 

Baptist  Convention  of  the  State  of  New  Hampshire,  charter  amended.   325,  855 


1913]  GENERAL  INDEX.  1099 

Barber  shops,  sanitary  regulation  of 486 

Barrett,  Charles  II.,  appropriation  in  favor  of  estate 839 

Bartlett,  homestead  of  Simon  Seavey  severed  from 972 

Bartlett,  Fred  A.,  appropriation  in  favor  of .  .■ 803 

Bartlett,  John  F.,  appropriations  in  favor  of 302,  804 

Batchelder,  Philip,  appropriation  in  favor  of 839 

Bath,   exemption   of   D.   K.   Jackman   house   from   local    taxation   au- 
thorized       946 

Bayeriseher    Kranken-Unterstutzungs-Verein,    of   Manchester,    N.    H., 

charter    of 880 

Beach  birds,  shooting  in  Eockingham  county  regulated 56 

Bean,  Charles  H.,  appropriation  in  favor  of 286 

Belknap  county,  salary  of  solicitor 23 

Belmont,  refund  of  bonded  debt  authorized 881 

Bent  &  Bush  Co.,  appropriation  in  favor  of 302 

Benton,  acceptance  of  Mann  trust  fund  authorized,  etc 316 

Berlin,  additional  vrard  created;  ward  limits  defined 856 

assesors  and  board  of  health,  appointment  of 901 

city  council  enlarged 857 

councilmen  and  clerk  for  Ward  4 858 

first  election  in  Ward  4,  how  conducted 858 

maximum  salaries  of  police 883 

representatives  to  general  court,  apportionment  of 858 

salary  of  city  clerk 897 

judge  of  i^olice  court 868 

mayor    384 

Beverstock,  Oscar  D.,  appropriations  in  favor  of 302,  804 

Bickf ord,  Arthur  F.,  appropriation  in  favor  of 276 

Birds  and  eggs,  authority  to  permit  collection  revoked 100 

Black  bass  protected 535 

Black  duck,  shooting  at  seashore  regulated 56 

Blackwood,  John  A.,   appropriation  in   favor   of 838 

Blaisdell  lake,  appropriation  for  screening 287 

Blind,  register  of  to  be  prepared,  etc 606 

state  aid  and  assistance  provided  for ^06 

Blue  heron,  protection  removed 68 

protection    restored 132 

Board  of  control,  appointment,  duties,  and  compensation G50,  651,  653 

Boats  and  launches,  taxation  of 487 

inspection  of.     See  Steamboat  inspection. 

where  taxed,  if  value  over  $100 57 

Bonds,  municipal  and  state,  when  exempt  from  taxation 528,  602 

of  school  districts,  exempt  if  held  by  residents 528 

of  South  Carolina,  suit  for  collection  authorized 813 

Boscawen,  equalized  valuation  per  pupil  of  average  attendance,  how 

determined    157 

land  of  Ai  Smith  severed  from 394 

Boston  &  Maine  Railroad,  appropriation  in  favor  of 810 

Bounties  on  bears,  grasshoppers,  and  hedgehogs,  appropriations  for.  .    211,  267 

510,  522 
41 


1100  GENERAL    INDEX.  [1913 

Bradbury,  Frank  0.,  appropriation  in  favor  of 838 

Brandeis,  Louis  D.,  apjiropriation  in  favor  of 303 

Bresnalian,  George  U.,  appropriation  in  favor  of 839 

Bribery  at  election,  appropriation  for  detection  of,  etc 818 

how  punished ]  04 

restoration  of  privileges  after  conviction  of 481 

Bridges,  if  covered,  to  be  lighted  by  side  openings 20 

Britton,  A.  H.  &  Co.,  appropriations  in  favor  of 303,  840 

Brook  trout,  protection  in  Carter  Notch  ponds  and  tributaries 496 

Ellis  river  and  tributaries 496 

Pleasant  pond.  New  London 115 

Saco  river,  east  and  west  branches 496 

Success  pond 561 

Wildcat  river  and  tributaries 496 

Brown,  Fred  G.,  appropriation  in  favor  of 276 

Brown,  Eichard,  appropriation  in  favor  of 804 

Brown  &  Saltniarsh,  appropriation  in  favor  of 839 

Brush,  burning  regulated 217 

Bulky  articles,  how  attached 135 

Bull  permitted  to  run  at  large,  penalty  and  liability 23 

Buoys,  certain  funds  available  for  maintenance  of 745 

Burbank,  Eoy  M.,  appropriation  in  favor  of 839 

Burglary  of  camps  and  cottages  temporarily  used 24 

Burial  lots,  executors,  etc.,  may  pay  for  perpetual  care  of 32 

Burial  of  resident  dying  outside  state,  record  of 64 

of  soldiers  and  sailors  at  state  expense 31 

appropriation  for 827 

Burke,  Joseph  E.,  payment  to  authorized 286 

Burkett,  Eay  E.,  appropriations  in  favor  of 839,  840 

Burque,  A.  U.  &  Co.,  appropriation  in  favor  of 840 

Burque,  Henri,  appropriation  in  favor  of 839 

Burroughs,  Sherman  E.,  appropriations  in  favor  of 303,  839 

Butter,  renovated,  sale  regulated 76 

Bu7zell,  Eose  M.,  appropriation  in  favor  of 839 

Caboose  cars  to  have  two  four-wheeled  trucks 605 

Caledonia  Power  Co.,  charter  revived 377 

Calvert,  Edgar  H.,  appropriation  in  favor  of 301 

Camps  and  cottages  temporarily  used,  burglary  of 24 

Camp  fire,  neglect  to  extinguish,  how  punished 165 

Campaign  receipts  and  expenditures,  publicity  provided  for 105 

Canobie  lake,  ice-fishing  prohibited  in 496 

Canterbury,  land  of  Ai  Smith  annexed  to 394 

Capital  Fire  Insurance  Co.,  charter  amended 931 

Carey,  Bernard  W.,  appropriations  in  favor  of 303,  839 

Carpenter,  John  S.,  appropriation  in  favor  of 840 

Carroll  county,  salary  of  solicitor 567 

treasurer    58 

terms  of  probate  court  at  North  Conway 742 

Carter,  George  E.,  appropriations  in  favor  of 302,  839,  840 


1913]                                                  GENERAL  INDEX.  1101 

Carter,  Solon  A.,  appropriation  in  favor  of 839 

Carter,  William  M.,  homestead  severed  from  Concord  town  school  dis- 
trict and  annexed  to  union  school  district 847 

Cathedral  ledge,  forestry  commission  to  have  care  of 482 

Cattle  killed  by  cattle  commissioners,  payment  for 160 

Cercle  Ste.  Marie,  de  1 'Association  Catholiqne  de  la  Jeunesse  Franco- 

Americaine,  charter  of 319 

Chandler,  Preston,  appropriation  in  favor  of 284 

Charitable  institutions,  property  exempted  from  taxation 604 

Chase,  Frank,  appropriation  in  favor  of 804 

Chase,  Frank  A.,  appropriation  in  favor  of 302 

Chase,  William  M.,  appropriation  in  favor  of 839 

Chase  Home  for  Children  exempted  from  taxation 930 

Chatham,  town-meeting  legalized 317 

Cherry  pond,  dam  at  outlet  provided  for 561 

Child  labor  regulated 176-181 ,  786 

Cheshire  Eepublican,  appropriation  in  favor  of 837 

Chesley,  Daniel,  appropriation  in  favor  of 836 

Children,  defective,  etc.,  commission  on  welfare  provided  for 543 

Christine  lake,  provision  for  highway  to 243,  698 

right  to  fish  in  and  take  ice  from 244 

Chronicle  &  Gazette  Publishing  Co.,  appropriation  in  favor  of 303 

Clapp,  Emma  C,  appropriations  in  favor  of 839,  840 

Claremont,  assistant  moderator  provided  for 342 

refund  of  railroad  debt  authorized 929 

right  of  eminent  domain  in  establishing  water-works 940 

Clark,  Henry  H.,  appropriation  in  favor  of 819 

Clerk  of  court  may  appoint  deputy,  for  what  term 130 

Clifford,  M.  E.  &  Co.,  appropriation  in  favor  of 303. 

Cloudman,  Marcious  L.,  homestead  severed  from  Concord  town  school 

district  and  annexed  to  union  school  district 847 

Cobbett  pond,  ice-fishing  prohibited  in 496 

Cocaine,  sale  regulated 10 

Collateral  legacies  and  successions,  taxation  of 44-52 

administration  on  petition  of  state  treasurer,  expense  of,  how  paid  758 

liability  of  such  administrator  for  tax 758 

Collins,  John  J.,  appropriation  in  favor  of 838 

Collins,  Margaret  E.,  appropriations  in  favor  of 302,  303 

Conch,  taking  restricted 759 

Concord,  lighting  precinct  established  in  Ward  3 367 

office  hours  of  assessors  fixed 396 

salaries  of  aldermen 882 

Concord,  Dover  &:  Rochester  Street  Eailway,  charter  extended 327,  913 

Concord  Electric  Co.,  appropriation  in  favor  of 840 

Concord  Hardware  Co.,  appropriation  in  favor  of 840 

Concord  Patriot,  appropriation  in  favor  of 837 

Concord  Steam  Laundry  Co.,  appropriation  in  favor  of 303 

Concord  town  school  district,  certain  homesteads  severed  from 847,  890 

Concord  Trust  Co.,  consolidation  with  Union  Trust  Co.  authorized 969 

Concord  union  school  district,  certain  homesteads  annexed  to 847,  890 


1102  GENERAL  INDEX.  [1913 

Condemnation  proceedings,  by  United  States,  what  sufficient  notice  of.  755 

Conlen,  Harold  W.,  appropriation  in  favor  of 839 

Connecticut  Kiver  Railroad,  extension  authorized 393 

Conservator  for  person  on  own  application 477 

Constables,  pensioning  of  for  disability Ill 

Constitutional  convention,  appropriations  for 208,  299 

delegates,  how  and  when  chosen 246 

transportation  of 247 

when  to  be  held 246 

Contoocook   lake 35 

Contributions  for  political  purposes,  corporation  not  to  make 113 

publicity  provided  for 105 

solicitation  from  corporation  pro- 
hibited       113 

to  whom  to  be  made 107 

Conventions,  national,  choice  of  delegates  provided  for 711-713 

Cook,  Edmund  S.,  appropriation  in  favor  of 303 

Coos  county,  lease  of  rooms  in  court  house  for  school  purposes  au- 
thorized      404 

salary   of   sheriff 534 

solicitor 34 

Corporation,  annual  return  by;  directors  liable  in  event  of  neglect.  .  .  172 

if  owning  majority  of  stock  of  railroad,  to  make  return.  .  751 

lease  of  public  utility  to  foreign  corporation  prohibited.  .  670 

political  contributions  by  prohibited 113 

service  of  process  on  foreign  corporation,  how  made.  .  .  .    748,  749 

water-power  charter,  forfeiture  for  non-use 600 

Corporations : 

Alliance   Trust  Co.,   charter   amended;    name   changed   to   Wono- 

lancet   Trust   Co 947 

Association  Canado-Americaine,  charter  amended 854 

Baptist    Convention    of   the    State    of    New    Hampshire,    charter 

amended    325,  855 

Bayerischer     Kranken  -  Unterstutzungs  -  Yerein,     of     Manchester, 

N.  H.,  charter  of 880 

Caledonia  Power  Co.,  charter  revived 377 

Capital  Fire  Insurance  Co.,  charter  amended 931 

Cercle    Ste.    Marie    de    1 'Association    Catholique    de    la    Jeunesse 

Franco-Americaine,   charter   of 319 

Concord,  Dover  &  Eochester  Street  Railway,  charter  extended...    327,  913 

Concord  Trust  Co.,  consolidation  with  Union  Trust  Co.  authorized  969 

Connecticut  River  Railroad,  extension  authorized 393 

Court  Wilton,  No.  16,  Foresters  of  America,  charter  of 855 

Dalton  Power  Co.,  charter  amended 386 

Derry  Gas,  Heating,  and  Lighting  Co.,  charter  of 354 

District  Lodge  No.  5,  Northern  New  England  Order  of  Vasa  of 

America,  in  Manchester,  N.  H.,  charter  of 983 

Dottrar  of  Norden  Lodge  of  the  Order  of  Vasa  of  America  in 

Manchester,  N.  H.,  charter  of 340 

Dover  Loan  and  Trust  Co.,  charter  revived  and  amended 406 


1913]                                                  GENERAL  INDEX.  1103 

Corporations: 

Dublin  Electric  Co.,  transfer  of  properties,  etc.,  authorized 942 

Eureka  No.  33,  Knights  of  Maccabees  of  the  World,  of  Nashua, 

N.  H.,  charter  of : 871 

Farmers'  Guaranty  Savings  Bank,  charter  of 859 

Fidelity  Savings  Bank  of  Berlin,  charter  of 943 

First  M.  E.  Church  of  Eochester,  N.  H.,  endowment  fund  of  $15,- 

000  authorized 325 

General  Conference  of  Congregational  Churches  of  New  Hamp- 
shire, provisional  charter  of 981 

Gordon-Nash  Library,  charter  amended 894 

Granite  State  Land  Co.,  sale  of  bridge  authorized 886 

Guaranty  Trust  Co.,  charter  of 938,  942 

Harugari  Club,  of  Manchester,  N.  H.,  charter  of 877 

Helen  Fowler  Weeks  Home,  charter  of 337 

Howe  Library,  charter  amended 851 

Israel's  Eiver  Improvement  Co.,  charter  of 907,  928 

Keene  Electric  Eailway  Co.,  charter  extended 327 

Keene  Gas  and  Electric  Co.,  powers  defined 885 

Laconia  Gas  and  Electric  Co.,  incorporation  confirmed 391 

Les  Patriotes  Canadiens,  charter  of 853 

Lodge  No.  110,  Loyal  Order  of  Moose,  of  Nashua,  charter  of .  .  . .  322 

Manchester  Building  and  Loan  Ass'n,  increase  of  stock  authorized  870 

Meredith  &  Ossipee  Valley  Eailroad  Co.,  charter  extended 329,  909 

Milf ord  Home  for  Aged  Women,  charter  of 851 

Monroe  Water  Power  Co.,  charter  revived 388 

N.  E.  0.  P.  Building  Ass  'n,  charter  of 862 

Nashua  &  Hollis  Electric  Eailroad  Co.,  charter  amended  and  ex- 
tended     328,  895,  896 

Nashville  Aqueduct,  charter  amended 342 

New  Hampshire  Historical  Society,  charter  amended 886 

New  Hampshire  Missionary  Society,  charter  amended 876 

New  Hampshire  Orphans'  Home,  charter  amended 349 

New  Hampshire  Surety  Co.,  charter  of 904 

New  Hampshire  IJniversalist  State  Convention,  charter  amended.  .  318 

New  Hampshire  Water  Supply  Co.,  charter  of 949 

New  Hampton  Literary  and  Biblical  Institution,  charter  amended  910 
Newport   &   Sunapee  Eailway  and  Development   Co.,   charter   ex- 
tended     328 

North  Church  in  Portsmouth,  charter  amended 348 

North  Conway  and  Mount  Kearsarge  Eailroad,  charter  extended.  .   363,  914 

Northern  Fidelity  and  Trust  Co.,  charter  extended 924 

Northern    Securities   Co.,   reduction    in   par   value   of   shares   au- 
thorized    388 

Nute  Charitable  Ass'n,  charter  of 380 

Ossipee  Water  and  Electric  Co.,  charter  of 374 

Pacific  Mills,  exercise  of  powers  of  Cocheco  Manufacturing  Co.  au- 
thorized; maintenance  of  electric  plants  authorized 887 

Park  Cemetery,  Tilton,  acts  and  proceedings  legalized 871 

People's  Trust  Co.,  charter  of 994 


1104  GENER.VL  INDEX.  [1913 

Corporations : 

Peerless  Casualty  Co.,  charter  amended 318 

Pennicliuck  Water  Works,  charter  amended;  may  extend  pipes  and 

service  to  Hudson 343,  345 

Peterborough  Bank,  charter  re-enacted 389 

Phenix  Mutual  Fire  Insurance  Co.,  charter  of 873 

Phillips  Brook  Improvement  Co.,  charter  of 959 

Pioneer  Electric  Co.,  charter  of 925 

Plainfield  Water  Supply  Co.,  charter  of 954 

Eochester  Bank,   charter   continued 408 

Eockingham  County  Light  and  Power  Co.,  right  to  do  business  in 

certain  towns  restricted 352 

St.  Pavil  's  School,  charter  amended 958 

Salem  Water  Supply  Co.,  charter  of 389 

Souhegan  Tribe,  No.  49,  Improved  Order  of  Bed  Men,  of  Wilton, 

N.  H.,  charter  of 881 

Southern  New  Hampshire  Development  and  Power  Co.,  charter  of  411 
Straiford  Bank,  charter  extended  and  amended;  name  changed  to 

Strafford  Trust  Co 405 

Sullivan    County    Eailroad,    construction    of    connecting    line    au- 
thorized       948 

Suncook  Valley  Eailroad,  extension  to  Manchester  authorized.  .  .  934 
Troy  Water  and  Improvement  Co.,  charter  revived  and  amended.   353,  959 

Turners'  Belief  Society,  of  Manchester,  N.  H.,  charter  of 878 

Union  Guaranty  Savings  Bank,  charter  amended;  change  of  name 

authorized 403 

Union  Manufacturing  Co.,  charter  amended 957 

Union  Surety  Co.,  charter  of 903 

Union  Trust  Co.,  consolidation  with  Concord  Trust  Co.  authorized.  969 

Unitarian  Educational  Society,  charter  amended 356 

United  Life  and  Accident  Insurance  Co.,  charter  of 888 

Walpole  &  Alstead  Street  Bailway  Co.,  charter  of 363 

Wentworth  Hospital,  annual  organization  of  trustees 861 

West  Concord  Lighting  Precinct,  corporation  created 368 

Woodstock  &  Thornton  Gore  Eailroad,  charter  amended 962 

Workingmen 's  Belief  Society,  of  Manchester,  N.  H.,  charter  of.  .  .  879 

Young  Men's  Christian  Ass'n  of  Berlin,  charter  of 932 

Young   Men's    Christian    Ass'n    of    Portsmouth,    N.    H.,    charter 

amended ;    exempted  from  taxation 358 

Costs,  limitation  in  trustee  suit,  if  settlement  made  or  tendered.  .....  536 

Councilor  districts,  how  constituted 685 

County  auditors  to  be  appointed  by  superior  court 641 

County  commissioners  may  lay  out  road  across  toll  bridge 648 

may  collect  tolls  on  such  bridge  for  six  years.  .  648 

salaries  and  expenses  of 476,  523,  645 

to  provide  for  relief  of  destitute  mothers 629 

County    convention,    appropriation    of   money   for    farm    development 

authorized     \  483 

County  offices,  vacancies  to  be  filled  by  superior  court 642 

Court  Wilton,  No.  16,  Foresters  of  America,  charter  of 855 


19]  3]                     GENERAL  INDEX.  1105 

Courtney,  Nellie  A.,  appropriation  in  favor  of 839 

Crawford  Notch,  appropriation  in  payment  of  award  of  damages 825 

provision  for  forest  reservation  in 133 

sale  of  lands,  etc.,  of  state  authorized 759 

Creditor's  bill,  attachment  of  property  on,  how  made 599 

Criminal,  observation  of,  if  plea  of  insanity  entered , 14 

who  may  offer  reward  for  capture  of 161 

Critchett,  "William  W.,  appropriations  in  favor  of 301,  804 

Dairy  products,  adulteration  prohibited 76 

purchase   for  shipment   outside  state,   business  regu- 
lated  under   license 779-782 

Dalton  Power  Co.,  charter  amended 386 

Dam,  construction  regulated  if  over  twenty-five  feet  high 525 

laborer  on  to  have  lien 566 

Damages,  amount  recoverable  for  death  by  negligence 757 

Dartmouth  College,  appropriations  for 209,  265,  300,  819 

,             co-operation  in  management  of  Pine  Park  Ass'n  940 

state  scholarships,  how  awarded ^         820 

Davis,  Albert  P.,  appropriations  in  favor  of 301,  839 

Davis,  Harold  L.,  appropriation  in  favor  of 276 

Deaf,  dumb,  and  blind,  appropriations  for 209,  265,  508,  520,  686 

Death  by  negligence,  amount  of  damages  recoverable  for 757 

Deer,  hunting  with  rifle  permitted  in  parts  of  Merrimack  county.  .  .  .  162 

in  Strafford  county 171 

killing  in  Coos  county  regulated 537 

number  to  be  killed  limited 164 

Dentistry,  practice  regulated 655-662 

Dependent  children,  etc.,  commission  on  welfare  provided  for 543 

Deputy  clerk  of  court,  for  what  term  appointed 130 

Deputy  register  of  deeds,  for  what  term  appointed 130 

Deputy  register  of  jirobate,  for  what  term  appointed 130 

Deputy  secretary  of  state,  appropriation  for  salary 277 

Deputy  sheriffs,  criminal  jurisdiction  enlarged 163 

Derry  Gas,  Heating,  and  Lighting  Co.,  charter  of 354 

Desertion  by  husband  or  father,  penalty 532 

Digest  of  New  Hampshire  Reports,  contract  for  authorized 807 

Dimond,  M.  J.,  appropriation  in  favor  of 839 

Dining  car  companies,  taxation  of 229 

Disease,  communicable,  control  of  in  unincorporated  places 18 

District  Lodge  No.  5,  Northern  New  England  Order  of  A^asa  of  Amer- 
ica, in  Manchester,  N.  H.,  charter  of 983 

District  nurse  associations,  towns  may  aid 533 

District  police  courts  established 715-727 

Dodge,  Alfred  T.,  appropriation  in  favor  of 302 

Dodge,  James  H.,  appropriation  in  favor  of 839 

Dogs,  kept  for  breeding,  special  license  provision  repealed 497 

self -hunting,  not  to  run  at  large 655 

Domestic  insurance  companies,  return  by,  for  purposes  of  taxation.  .  .  .  547 

Domestic  life  insurance  companies,  regulation  of .  . .  '. 511-517, 


1106  GENERAL,  INDEX.  [1913 

Donovan,  Mary  E.,  appropriation  in  favor  of 302 

Dottrar  of  Norden  Lodge  of  the  Order  of  Vasa  in  America  in  Man- 
chester, N.  H.,  charter  of 340 

Dover,  acquisition  of  property  for  water-works  authorized 893,  992 

board  of  street  and  park  commissioners  abolished 991 

issue  of  water-works  bonds  authorized 894 

homestead  of  Louis  Guilmette  severed  from 400 

police  force,  how  constituted,  etc 370 

sprinkling  precincts  authorized ;  expense,  how  apportioned ....  993 

street  commissioner  provided  for 990-992 

ward  limits  defined 984 

Dover  Loan  and  Trust  Co.,  charter  revived  and  amended 406 

Dover,   Somersworth  &  Eochester   Street  Eailway  Co.,  appropriation 

in  favor   of 810 

Dow,  Jacob  F.,  appropriation  in  favor  of 302 

Dow,  William  E.,  appropriations  in  favor  of 302,  839 

Drinking  cups,  common  use  of,  how  regulated 6 

Drinking  intoxicants  in  public  conveyances  prohibited 165 

Druggist,  if  resident  alien,  issuance  of  liquor  license  to 588 

Drug  stores,  liquor  licenses  to,  to  whom  issued 18 

Dublin  Electric  Co.,  transfer  of  properties,  etc.,  authorized 942 

Dustin,  Hannah,  appropriation  for  cleaning  monument,  etc 278 

Dutton,  Burt  L.,  appropriation  in  favor  of 838 

Dynamite,    transportation    restricted 639 

Eastman,  Edson  C,  appropriations  in  favor  of 303,  839,  840 

East  Side  road,  appropriation  for 696 

Edgerly,  Edwin  B.,  appropriation  in  favor  of 302 

Educational  institutions,  property  exempted  from  taxation 604 

Effingham  and  Ossipee  Center  road,  appropriation  for 832 

Effingham  and  Freedom  may  ap- 
propriate money  for 483 

Elections : 

assistance  to  voter,  when  and  how  given 108 

ballots,  certificate  of  assistance  on 81 

exhibition  by  voter  after  marking,  how  punished 108 

for  primary,  what  names  to  appear 737 

how  prepared  and  what  to  contain 247 

placing  distinguishing  mark  by  voter,  how  punished.  .  .  .  108 

preparation  by  voter  and  manner  of  voting 248 

to  contain  instructions  to  voters 81 

bribery  at  elections,  appropriation  for  detection  of,  etc 818 

how    punished 104 

delegates  to  national  conventions,  how  and  when  chosen 711-713 

hours  for  voting  in  cities 544 

in  towns '. 11 

nomination  papers,  fraud  in  connection  with,  how  punished 108 

nominations  by  petition,  how  made 737-739 

notice  of  primary,  requisites  of 737 

polling  places  and  booths,  requirements  of 784 


19]  3]  GENERAL  INDEX.  1107 

Elections: 

registered  voter  may  vote  ticket  of  new  party  at  primary 752 

restoration  of  privileges  after  conviction  of  bribery 481 

sundry  fraudulent  practices,  how  punished 104 

supervisor  of  checklist  not  to  be  moderator,  clerk,  or  ballot  in- 
spector      131 

United  States  senators,  constitutional  amendment  as  to  election 

ratified    801 

how  nominated  and  elected 569 

voter  moving  to  another  town  may  save  right  to  vote 239 

voting  machines,  examination  and  use  provided  for 787-791 

ward  clerks,  how  nominated  at  primaries 505 

what  persons  allowed  within  guard  rail 784 

willful  neglect  by  election  officers,  how  punished 109 

Electric  car,  use  of  high-power  light  regulated 565 

Electric  energy,  conveyance  outside  state  regulated 193,  674,  675 

Embezzlement  by  insurance  agent,  what  constitutes 734 

Emerson,  Henry  A.,  appropriation  in  favor  of 836 

Employers'  liability  act 181-186 

Employment,  obtaining  money  for  procuring,  when  unlawful 62 

Eureka  No.  33,  Knights  of  Maccabees  of  the  World,  of  Nashua,  N.  H., 

charter  of ^ 871 

Execution,  levy  of,  on  realty  not  attached;   copies,  how  filed  and  re- 
corded     498 

Explosives,  transportation  restricted .   639,  640 

Express  companies  to  keep  records  of  certain  liquor  deliveries 169 

taxation  of 229 

F.  E.  Nelson  Co.,  appropriation  in  favor  of 302 

Factories,  etc.,  to  keep  medical  and  surgical  supplies  and  appliances.  .  30 

Factory  insurance  companies,  how  admitted;  taxation  of 564 

Farley,  Ferdinand,  appropriation  in  favor  of 839 

Farmers'  Guaranty  Savings  Bank,  charter  of 859 

Farming  industry,  county  convention  may  raise  money  for  development 

of 483 

Feeding  stuffs,  concentrated  commercial,  definition  of 258 

fee  for  analysis  of 258 

inspection  of,  appropriation  for 740 

packages,*how  to  be  marked 257 

Fees  for  analysis  of  feeding  stuffs 258 

certificate  of  registration  in  optometry 221,  222 

of  boat  inspection 744 

to  captain,  pilot,  etc 745 

examinations  of  banks,  etc 681 

filing  candidacy  of  ward  clerk 505 

jury  trial,  abolition  of 80 

license  of  certain  purchasers  of  dairy  products 780 

fire   insurance  broker 705 

insurance  agent 548 

insurer  in  unlicensed  companies 224 

liquor  dealers.     See  Intoxicating  liquor. 


1108                                                    GENERAL  INDEX.  [1913 

Fees  for  license  of  operators  of  automobiles,  etc 148,  149,  556,  729 

practitioner  of  dentistry 657-660 

recording  contracts  as  to  railroad  equipnieut 478 

discharge  of  attachment  of  realty 529 

levy  of  execution  on  realty  not  attached 499 

recount  of  primary  vote  as  to  ward  clerk 506 

registration  of  automobiles,  etc 148,  149,  555,  556,  729 

of  guides 174 

testing  meters,  etc.,  by  public  service  commission 631 

Felch,  Albert  D.,  apj)ropriation  in  favor  of 284 

Fertilizer  inspection,  appropriations  for 739,  740 

Fidelity  Savings  Bank  of  Berlin,  charter  of 943 

Fire-escapes,  form  of  for  certain  buildings 53,  767 

Firemen,  pensioning  of,  for  disability Ill 

Firemen's  relief  fund,  appropriations  for 211,  268,  510,  522 

First  M.  E.  Church  of  Rochester,  N.  II.,  endowment  fund  of  $15,000 

authorized    325 

First  New  Hampshire  Battery,  appropriation  for  memorial  at  Gettys- 
burg    297 

Fish  and  game: 

beach  birds,  shooting  in  Eockingham  county  regulated 56 

black  bass  protected 535 

black  duck,  shooting  at  seashore  regulated 56 

blue  heron,  protection  removed 68 

protection  restored 132 

brook  trout,  protection  in  Carter  Notch  ponds  and  tributaries.  .  .  .  496 

Ellis  river  and  tributaries 496 

Pleasant  pond.  New  London 115 

Saco  river,  east  and  west  branches 496 

Success  pond 561 

Wildcat  river  and  tributaries 496 

conch  or  wrinkles,  taking  restricted 759 

deer,  hunting  with  rifle  permitted  in  parts  of  Merrimack  county.  .  162 

in  Strafford  county 171 

killing  in  Coos  county  regulated 537 

number  to  be  killed  limited 164 

fish  hatchery  at  Conway,  appropriation  for 294 

fishing  buoys  on  Sunapee  lake,  use  regulated 114 

gray  squirrels,  killing  regulated 732 

guides,  registration  of 173 

horn  pout  protected 67,  475 

hunter,  careless  shooting  of  another  by,  how  punished 234 

under  eighteen  years  old,  how  licensed 62 

license  to,  how  isued 708 

ice-fishing  prohibited  in  Canobie  lake  in  Windham  and  Salem ....  496 

Cobbett  jiond  in  Windham 496 

Gile  pond  in  Sutton 496 

Island    pond    in    Atkinson,    Derry    and 

Hampstead   532 

Keyser  lake  in  Sutton 496 


1913J  GENERAL  INDEX.  1109 

Fish  aiid  game: 

ice-fishing  prohibited  in  Loon  pond  in  Hillsborough 131 

Mosquito  pond  in  Manchester 756 

^                                Steele  pond  in  Antrim 495 

Katherine  lake,  fishing  regulated 68 

lake  trout,  protection  in  Winnipesaukee,  Winnisquam,  and  Paugus 

lakes    166,  495 

landlocked  salmon,  protection  in  Pleasant  pond,  New  London.  ...  115 

in  Winnipesaukee,  Winnisquam,  and 

Paugus  lakes 166 

lobsters  protected 549 

Long  pond,  or  Lake  Winnepauket,  in  Webster,  fishing  regulated.  .  655 

muskellonge,  protection  in  Connecticut  river 535 

Newfound  lake,  fishing  for  trout  and  salmon  regulated 750 

non-resident  may  hunt  on  own  premises  without  license 95 

oysters,  taking  in  certain  waters  regulated 562 

pickerel  protected 647 

protection  in  Massabesic  lake 13 

pike,  protection  in  Connecticut  river 535 

plover   protected 74 

self-hunting  dog  not  to  run  at  large 655 

shadwaiters,     protection     in     Winnipesaukee,     Winnisquam,     and 

Paugus  lakes 166,  495 

sheldrake    protected 164 

traps,  destruction  of,  how  punished 129 

neglect  to  visit,  how  punished 129 

Winnipesaukee  river,  fishing  regulated  in  bays  supplied  by 66 

woodcock    jjrotected 130 

wood  duck  protected 74 

Fish  and  game  commission : 

appropriations    for    department 212,  268,  277,  510,  522 

authority  to  permit  collections  of  birds  and  eggs  revoked 100 

board  abolished;  one  commissioner  provided  for 707 

commissioner  and  deputies,  appointment,  duties,  etc 707,  708 

expenses  of  department,  how  paid;  surplus  how  expended 709 

hunters '  licenses,  how  issued 708 

prosecution  of  offenders,  where  begun 708 

to  enforce  laws  as  to  fishing  buoys  in  Sunapee  lake 114 

transfer  of  appropriations 709 

Fisher  protected   238 

Fitzpatrick,  Martin  W.,  appropriation  in  favor  of 302 

Flowage  rights,  how  acquired  with  owner  's  consent 116 

Food,  sanitary  regulation  of  production,  etc 15 

variations  in  packages  of,  when  permitted 753 

Ford  &  Kimball,  appropriation  in  favor  of 840 

Foreign  corporation,  public  utility  not  to  be  leased  to 670 

service  of  process  on,  how  made 748,  749 

Forest  protection: 

appropriations   for   department 212,  219,  268,  511,  522,  822 

reimbursement  of  towns  for  fire-fighting 806 


1110  GENERAL  INDEX.  [1913 

Forest  protection: 

burning  of  brusli  regulated 217 

camp  fire,  neglect  to  extinguish,  how  punished 165 

expense  of  fire-fighting,  how  borne 215,  216 

failure    to  extinguish  or  report  fire,  how  punished 217 

forest  fire  wardens,  annual  conferences  of 218 

appointment,  duties,  etc 214 

compensation  of,  how  determined 215 

in  unincorporated  places 215 

neglect  of  duty  by,  how  punished 217 

railroad  employees  may  be 688 

reports  of,  to  state  forester 216 

right   to   arrest 217 

to  extinguish  brush  and  forest  fires 215 

to  insj^ect  spark  arresters  on  portable  mills.  .  .  100 
forestry  commission  may  enter  on  railroad  land  for  certain  pur- 
poses      689 

may  grow  and   distribute   trees  for  roadside 

planting    601 

to  have  care  of  Cathedral  and  White  Horse 

ledges    482 

kindling  fires  on  public  land,  etc 216 

mountain   lookout   stations 218 

public  reservation,  establishment   of 217 

railroads  may  clear  brush,  etc.,  on  adjacent  land 689 

to  equip  locomotives  with  spark  arresters,  etc 688 

to  promulgate  instructions  as  to  fires 689 

slash,  disposal  by  lumber  operators  regulated 690 

state  forest  nursery 218 

state  forester,  appointment,  duties,  etc 213 

may  employ  assistants,  etc 696 

to  appoint  fire  district  chiefs 215,  697 

to  divide  state  into  fire  districts 215,  697 

to  inspect  spark  arresters  on  portable  mills 100 

to    manage    lands    purchased    by   towns    to    grow 

timber    497 

tools,  apparatus,  maps,  etc.,  for  department 219 

Forrest,  George  S.,  appropriation  in  favor  of 839 

Foss,  Clayton  C,  appropriation  in  favor  of 276 

Foster,  George  J.  &  Co.,  appropriation  in  favor  of 303 

Fowls,  taxation  of 487 

Fox  protected;  landowner  may  kill  on  his  premises 238 

Franeestown  school  district,  meeting  legalised 946 

Franconia,  establishment  of  light  and  power  plant  authorized 964 

Franklin,  city  council  authorized  to  fix  compensation  of  city  officers.  .  862 

election  proceedings  legalized 355 

Franklin  Armory  Ass'n,  property  exempted  from  taxation 876 

Fraternal  benefit  societies,  regulation  of 611-628 

Freedom,  appropriation   for  Effingham   and  Ossipee  Center   road   au- 
thorized       ^^^ 

French,  James  E.,  appropriation  in  favor  of 302 


1913]  GENERAL  INDEX.  llll 

Gage,  J.  E.,  appropriation  in  favor  of 840 

Gambling  and  keeping  gambling  place,  how  punished 160 

Garland,  Charles  C,  appropriation  in  favor  of 302 

General  Conference  of  Congregational  Churches  of  New  Hampshire, 

provisional  charter  of 981 

George,  Helen,  appropriations  in  favor  of 302,  303 

Gerry,  James  O.,  appropriation  in  favor  of 283 

Gettysburg,  anniversary  celebration  at,  appropriations  for 806,  822 

memorial  of  First  New  Hampshire  Battery  at,  appropria- 
tion   for 297 

representation  at  anniversary  of  battle,  appropriation  for  299 

Gift  Shop,  appropriation  in  favor  of 840 

Gile,  George  E.,  appropriation  in  favor  of 838 

Gile   pond,   ice-fishing  prohibited   in 496 

Gilford,  appropriation  for  100th  anniversary  authorized 373 

Glick,  E.  L.,  appropriation  in  favor  of 303 

Goffstown,  appropriation  for  150th  anniversary  authorized 382 

town-meeting   legalized 901 

Goffstown  village  precinct  water-works,  reissue  of  bonds  authorized.  .  .  354 

Goodman,  W.  P.,  appropriations  in  favor  of 302,  840 

Good  Will  Institute  exempted  from  taxation 929 

Gordon,  Earle  C,  appropriation  in  favor  of 303 

Gordon-Nash  Library,  charter  amended 894 

Governor  avithorized   to   release   state's   interest   under   will    of   John 

Nesmith 15 

directed  to  enforce  right  of  state  under  will  of  John  Nesmith  820 

staff  of,  how  constituted  and  appointed 5 

Governor  and  council : 

appropriations  for   department 206,  262,  294,  507,  518,  825 

erection  of  Franklin  Pierce  statue  authorized 821 

compulsory  attendance  of  witnesses  before 238 

contract  for  Digest  of  New  Hampshire  Reports  authorized 807 

empowered  to  acquire  and  sell  lands  in  Crawford  Notch 133,  759 

may  appoint   acting   attorney-general 252 

trial  justices  for  towns,  when 90 

may  designate  roads  around  Winnipesaukee  and  Sunapee  lakes  as 

state    highways 61 

may  order  earnings  paid  to  convict  or  relatives 736 

may  prescribe  form  of  guide-boards 733 

may  purchase  state  flags  for  state  house 245 

to  appoint  bank  commissioner  and  deputy 680 

board  of  arbitration  and  conciliation 745 

board  of  control 650 

board  of  license  commissioners 777 

board  of  registration  in  optometry 220 

commission  on  Christine  Lake  highway 243,  698 

commission  on  dependent  and  delinquent  children 543 

commission  on  Hall  of  Heroes 242 

commission  on  Vermont  boundary 815 

commissioner   of   agriculture 702 


1112  GENER-VL  INDEX.  [1913 

Governor  and  council : 

to  appoint  committee  on  Hall  of  Heroes  commission 752 

committee  on  penal  institutions 289 

committee  on  state  reformatory 287 

district  agricultural  boards 702 

fish  and  game  commissioner 707 

investigator  of  town  records 282 

justice  and  associate  justice  of  Nashua  police  court.  .  .    634,  635 
justices,  special  justices,  and  clerks  of  district  police 

courts    723,  761 

labor  commissioner 269 

members  of  New  England  railroad  conference  board.  .  808 

police  commissioners  for  certain  cities 682 

of    Somersworth 906 

public   service   commission 188 

purchasing   agent 651 

special  liquor  agents 777 

superintendent  of  jniblic  instruction  and  fix  salary.  .  .  .  683 

superintendent  of  state  house 90 

trustees  of  Industrial  School 582 

to  approve  appointment  of  deputy  commissioners  of  agriculture.  .  704 

appointment  of  deputy  fish  and  game  commissioner.  .  707 

contracts  for  normal  school  dormitory  at  Plymouth.  .  .  710 

employment  of  inspector  of  power  boats 743 

expenditures  in  railroad  rate  adjustment 834 

to  award  state  scholarships  at  Dartmouth  College 820 

to  be  censors  of  departmental  and  institutional  reports 642 

to  designate  route  of  Meredith  and  West  Ossipee  road 713 

Eockingham   road 700 

South  Side  road 694 

to  fix  salary  of  deputies  of  superintendent  of  public  instruction.  .  683 

to  make  contracts  for  Portsmouth  armory 831 

to  place  boulder  at  Horace  Greeley  birthplace 273 

to  supervise  printing  and  distribution  of  public  acts 699 

Governors,  conference  of,  appropriation  for  expense 817 

Grade  crossings,  order  for  protection  of 632 

Grafton  county,  grand  and  petit  jury  attendance  at  sujierior  court.  .  .  755 

judicial  districts   established 77 

salary  of  solicitor 13 

terms  of  superior  court 78 

Grand  Army  of  the  Eepublic,  appropriations  for 213,  269,  510,  522 

Granite  State  Deaf  Mute  Mission,  appropriation  for 281 

Granite  State  Land  Co.,  sale  of  bridge  authorized 886 

Gray  squirrels,  killing  regulated 732 

Greeley,  Horace,  provision  for  marking  birthplace 273 

Greenland,  issue  of  schoolhouse  notes  or  bonds  authorized 953 

Groton,  town -meeting  legalized 317 

Guaranty  Trust  Co.,  charter  of 938,  942 

Guardian  of  minor,  father  and  mother  have  joint  authority HO 

Guides,  registration   of 1 73 


1913]  GENERAL  INDEX.  1113 

Guide-boards,    maintenance    and    marking    of;    procedure    in    case    of 

neglect    733 

Guilmette,    Louis,    homestead    severed    from    Dover    and    annexed    to 

Somersworth    400 

Gunpowder,  transportation  restricted 639 

Haggett,  William  M.,  appropriations  in  favor  of 303,  840 

Half  Moon  pond,  appropriation  for  screening 291 

Hall  of  Heroes  commission  created 242 

commission  abolished;  committee  to  terminate  affairs 

provided  for 751,  752 

Hammond,  John  B.,  homestead  severed  from  Concord  town  school  dis- 
trict and  annexed  to  union  school  district 888 

Hammond,  William,  homestead  severed  from  Concord  town  school  dis- 
trict and  annexed  to  union  school  district 847 

Hanover  village  precinct,  co-operation  in  management  of  Pine  Park 

Ass  'n    authorized 877 

Harrington,  S.  D.,  appropriation  in  favor  of 840 

Harrity,  Peter  T.,  appropriation  in  favor  of 291 

Harugari  Club,  of  Manchester,  N.  H.,  charter  of 877 

Haverhill,  appropriation  for  150th  anniversary  authorized 362 

Hawkes  &  Davis,  appropriation  in  favor  of 302 

Hayes,  Edward  J.,  appropriations  in  favor  of 302,  303 

Hayes,  Robert  J.,  appropriation  in  favor  of 838 

Head,  Samuel,  appropriation  in  favor  of 838 

Healey,  George  P.,  appropriation  in  favor  of 839 

Health  insurance,  form  of  policy  prescribed,  etc 791-800 

Hebron,   town-meeting  legalized 900 

Hedgehogs,  bounty  on 96 

Helen  Fowler  Weeks  Home,  charter  of 337 

Herald  Publishing  Co.,  appropriation  in  favor  of 303 

Hewitt,  C.  E.,  appropriation  in  favor  of 292 

Highway,  discharge  from  servitude  after  twenty  years'  disuse 610 

liability  of  town  for  damage  on,  if  load  excessive 491 

roadside  growth,   removal  regulated 601 

use  of  high-power  light  by  electric  car  regulated 565 

vehicles  to  have  lights,  when 590 

Highway  agent,  town  may  instruct  selectmen  to  appoint 485 

Highway  bonds,  rate  of  interest  on ;   exemption  from  taxation 242 

residents  not  preferred  in  sale  of 545 

Highways,  appropriations  for: 

Christine  Lake  road 244,  698 

East  Side,  West  Side,  and  Merrimack  Valley  roads 696 

Effingham  and  Ossipee  Center  road 832 

Jefferson  and  Randolph  road 832 

Meredith  and  West  Ossipee  road 714 

Mount  Crotchet  road 296 

Rockingham   road 701 

South  Side  road 696 

Sugar   Loaf  road 816 

Wilson  road 809 


1114                                                     GENERAL  INDEX.  [1913 

Highways,  pernianent  improvement  of: 

annual  appropriation  of  $125,000,  for  what  purposes  available.  ..  603 

appropriations  for  department 212,  268,  511,  522 

automobile  revenue  devoted  to  highways 149 

how  expended  on  non-trunk  lines 608 

Christine  Lake  road  provided  for 698 

East   Side,  West  Side,   and  Merrimack  Valley  roads,  how  main- 
tained      255 

expense   of   trunk-line   improvement,   how   borne;    additional   tax 

limited 560 

maintenance  of  highways  improved  from  joint  fund 254 

Meredith  and  West  Ossipee  road  provided  for 713 

roads  around  Winnipesaukee  and  Sunapee  lakes  may  be  added  to 

state  system 61 

roadside  growth,  cutting  and  removal  of 601 

Eockingham  road  provided  for 700 

shade  trees,  planting  of,  by  highway  department 601 

South  Side  road  provided  for 694-696 

state  aid,  how  apportioned  if  town  makes  excess  appropriation .  . .  489 

Hill  Hardware  &  Paint  Co.,  appropriation  in  favor  of 840 

Hillsborough  county,  salaries  and  expenses  of  commissioners 523,  645 

Hit  Tit  or  Hitty  Titty  pond,  name  changed  to  Shadow  lake 501 

Hoague,  Edgar  C,  appropriation  in  favor  of 838 

Holden,  Charles  A.,  appropriations  in  favor  of 804 

Holidays,  work  in  mills,  etc.,  not  to  be  required 750 

Holman,  William  M.,  appropriations  in  favor  of 302,  804 

Holmes    Plymouth    Academy    memorial,    erection    on    normal    school 

grounds    authorized 972 

Holt,  Luther  J.,  appropriation  in  favor  of 839 

Horn  pout  protected 67,  475 

Horses,  asses,  and  mules,  taxation  of 503 

Household  goods,  mortgage,  etc.,  to  be  executed  by  husband  and  wife.  .  757 

Howard,  Waldo  E.,  appropriation  in  favor  of 276 

Howe  Library,  charter  amended 851 

Hunter,  careless  shooting  of  another  by,  how  piinished 234, 

license  to,  how  issued 708 

under  eighteen  years  old,  how  licensed 62 

Ideal  Stamp  Co.,  appropriations  in  favor  of 302,  840 

Imprisonment  in  county  house  of  correction  for  minor  offences 527 

Income  tax,  constitutional  amendment  ratified 802 

Indexer  of  records  to  be  clerk  of  printing  commission 546 

Indexing,  appropriations  for  department 207,  263,  507,  519 

Industrial  School,  appropriations  for  department. 210,  266,  277,  298,  509,  520 

new   building;    issue   of   bonds 

authorized    253 

board  of  trustees  abolished ;   under  supervision  of 

board  of  control 650 

discharge  after  erroneous  commitment,  how  effected  742 

management  and  control  of 582-588 

sentences  to,  for  what  term 168 


1913]                                                  GENERAL  INDEX.  1115 

Infant  Asylum  of  Our  Lady  of  Perpetual  Help  exempted  from  taxation  931 

Infants,  abandonment  of,  what  deemed 152 

adoption  of,  proceedings  prior  to 152 

bastard,  disposition  of  by  mother 152 

boarding-houses  for,  regulated  under  license 150 

in  care  of  strangers,  procedure 151 

neglect  and  cruelty  in  boarding-house,  notice  of;  how  punished  153 

prevention  of  opthalmia  in  new-born 128 

unlicensed  boarding-house,  keeping  of,  how  punished 151 

Ingalls,  William  D.,  appropriation  in  favor  of 839 

Insurance : 

agents,   licensing   regulated 547 

allowance  of  traveling  expenses  to  commissioner 763 

appropriations   for    department 207,  263,  507,  518,  805 

assessment  casualty  insurance,  regulation  of 550 

brokers  not  required  to  be  residents 65 

deposits  required  of  assessment  casualty  and  insurance  companies.  24 

domestic  life  insurance  comj^anies,  regulation  of 511-517 

embezzlement  by  insurance  agent,  what  constitutes 734 

factory  insurance  companies,  how  admitted;  taxation  of 564 

fire  insurance  brokers,  licensing  of 705 

fire  insurance  in  unlicensed  companies,  how  procured^ 224 

fire  policy,  when  cancelled  without  return  of  premium 564 

foreign  fire  and  surety  companies  to  insure  through  resident  agents  240 

fraternal  benefit  societies,  regulation  of 611-628 

guaranty  surplus  and  special  reserve  fund,  establishment  of  by 

domestic  fire  companies 25 

health  and  accident  insurance,  form  of  policy  prescribed,  etc.  .  .  .  791-800 

investment  in  or  loan  on  insurance  company  stock  regulated 91,  563 

liability  insurance,  form  of  policy  regulated 568 

mutual  insurance  company,  prerequisites  of  license  for 769 

rebating,  misrepresentation,  and  twisting  prohibited 636-638 

return  by  domestic  companies  for  purposes  of  taxation 547 

state  treasurer  to  hold  insurance  company  deposits 135 

surety  companies,  investment   of  funds  regulated 530 

liability  on  single  bond  limited 529 

Interest  charges  and  maturing  bonds,  appropriations  for.  .  .  .212,  268,  508,  520 
Intoxicating  liquor: 

carriers  to  keep  records  of  certain  deliveries 169 

druggist 's  license  to  resident  alien 588 

false  statement  by  minor  to  liquor  dealer  as  to  age,  penalty 542 

fees  for  first-class  licenses 776 

illegal  sale,  how  punished 256 

license  commissioners  abolished;   new  commission  created 777,  778 

licensed  innholder  may  have  further  privileges 776 

licenses  not  granted  for  certain  localities 598 

licenses  to  drug  stores,  to  whom  issued 18 

non-resident  hotel  keeper  may  be  licensed 3 18 

sale  by  common  victualers,  how  regulated 530 

42 


1116  GENERAL  INDEX.  [1913 

Intoxicating  liquor: 

sale  if  licensee  dead  or  bankrupt,  or  license  revoked 21 

in  original  packages,  provision  repealed 756 

prohibited  on  day  of  state  primary  election 170 

special  liquor  agents,  appointment,  duties,  etc 777 

"spirituous  or  intoxicating  liquor,"  meaning  of 255 

state  liquor  agent,  office  abolished 777 

suspension  of  license  for  first  violation 640 

use  of  liquor  in  public  conveyance  prohibited 165 

violations  of  license,  how  prosecuted 777 

Invalids '  Home,  Keene,  exempted  from  taxation 385 

lona  lake 63 

Island  pond,  ice-fishing  prohibited  in 532 

Israel's  Kiver  Improvement  Co.,  charter  of 907,  928 

J.  C.  Derby  Co.,  appropriation  in  favor  of 303 

J.  M.  Stewart  &  Sons  Co.,  appropriations  in  favor  of 839,  840 

Jackson,  Henry  O.,  appropriation  in  favor  of 839 

Jackson,  Lyman  A.,  appropriation  in  favor  of 838 

Jaffrey,  acquisition  of  electric  lighting  plant  authorized 329 

use  of  school  property  for  public  purposes  authorized 915 

Jefferson  and  Randolph  road,  appropriation  for 832 

Jenkins,  Melvin  J.,  appropriations  in  favor  of 301,  804 

Jenks,  Walter  L.  &  Co.,  appropriation  in  favor  of 302 

John  B.  Clarke  Co.,  appropriations  in  favor  of 302,  837 

Jones,  Fred,  appropriation  in  favor  of 838 

Jones,  Walter  C,  homestead  severed  from  Concord  town  school  district 

and  annexed  to  union  school  district 847 

Joyal,  J.  W.  S.,  appropriation  in  favor  of 838 

Jury  fee  abolished 80 

Justice,  copies  how  filed  by,  on  appeal 116 

Justice  court  may  require  $500  bail  on  appeal 540 

Justices,  trial,  for  towns,  appointment  and  jurisdiction 90 

Katherine  lake,  fishing  regulated 68 

Keene,  acquisition  of  real  estate  to  protect  water  supply  authorized .  .  381 

committee  on  revision  of  city  charter  provided  for 372 

contracts   for   dust   prevention   authorized 402 

election  proceedings  legalized 324 

police  commissioners,  election   and  removal   of;    quarterly  re- 
port  of 360 

Keene  Electric  Railway  Co.,  charter  extended 327 

Keene  Gas  and  Electric  Co.,  powers  defined 885 

Kenney,  Joseph,  appropriation  in  favor  of 840 

Kensington,  town-meeting  legalized 875 

Keyser  lake,  ice-fishing  prohibited  in 496 

Kidder,  Henry  W.,  appropriation  in  favor  of 838 

Kimball,  Charles  V.,  appropriation  in  favor  of 839 

Knowles  pond,  name  changed  to  lona  lake 63 


1913]  GENERAL  INDEX.  1117 

Labor  bureau,  act  creating 269-272 

appropriations  for  department 210,  2G6,  509,  521 

commissioner,  appointment,  salary,  duties,  etc 269,  270 

arbitration  of  labor  disputes  by 270 

board  of  arbitration,  when  employed  by.  271 

duty  in  case  of  strike  or  lockout 272,  747 

salary   payable   monthly 541 

to  report  annually  to  governor  and  council  272 

Labor  legislation: 

advertisement  for  workmen  to  state  existence  of  strike,  etc 764 

board  of  arbitration,  establishment  of 745,  746 

proceedings  before  and  findings  of 746,  747 

submission  of  disputes  to 747,  748 

child  labor  regulated 176-181 

coercive  agreement  against  labor  unions  prohibited 762 

employers'  liability  act 181-186 

employment,  obtaining  money  for  procuring,  when  unlawful 62 

holidays,  work  in  mills,  etc.,  not  to  be  required 750 

minors,  employment   restricted 176,  786 

hours   of  labor   for 177,  690,  786 

persuasion,  etc.,  not  unlawful  interference 764 

wages  to  be  paid  in  cash 81 

women,  hours  of  labor  for 690 

Laconia,  appropriation  for  state  armory  site  authorized 409 

city   charter   amended 346 

exemption  of  new  hotel   properties   from   local   taxation   au- 
thorized      898.  899 

sprinkling  precincts  authorized 351 

Laconia  Gas  and  Electric  Co.,  incorporation  confirmed 391 

Lake,  George  W.,  appropriation  in  favor  of 838 

Lake  trout,  protection  in  Winnipesaukee,   Winnisquam,   and   Paugus 

lakes 166,  495 

Lancaster  union  school  district  No.  1,  issue  of  bonds  authorized 326 

Land  held  for  water  supply  in  another  town,  taxation  of 36 

Landlocked  salmon,  protection  in  Pleasant  pond.  New  London 115 

in    Winnipesaukee,    Winnisquam,     and 

Paugus    lakes 166 

Laws,  William  H.,  appropriation  in  favor  of 302 

Lebanon,  appropriation  for  150th  anniversary  authorized 385 

Legacy  tax  department,  appropriations  for 507,  518,  804 

Legislative  employees,  compensation   of 681 

Legislative  expenses,  appropriations  for 208,  264,  507,  519,  684 

Legislative  reference  bureau  provided  for 761 

Les  Patriotes  Canadiens,  charter  of 853 

Lewis,  Harry  D.,  homestead  severed  from  Concord  town   school   dis- 
trict and  annexed  to  union  school  district 847 

L'Hopital  Notre  Dame  de  Lourdes  de  Manchester,  N.  H.,  exempted 

from   taxation 933 

Liability  insurance,  form  of  policy  regulated 568 


1118                                                     GENERAL,  INDEX.  [1913 

Libraries,  free  public,  state  publications  to  be  sent  to 526 

transfer  of  state  publications  to,  by  towns ....  526 

Library  bulletin,  appropriation  for 834 

License  of  automobile  operators  and  chauffeurs 148,  556,  729 

boarding-houses  for  infants 150 

fire  insurance  brokers 705 

fraternal  benefit  societies 618,  619 

hunters,  resident   and   alien 708 

under  eighteen  years  old 62 

insurance    agents 547 

liquor  dealers.     See  Intoxicating  liquor. 

lying-in   hospitals 102 

persons  to  procure  fire  insurance  in  unlicensed  companies.  .  224 

practitioners  of  dentistry 656-661 

practitioners  in  optometry 220-222 

purchaser  of  milk,  etc.,  for  shipment  outside  state 779 

Lien  of  laborer  on  dam,  bridge,  etc 566 

subcontractor,  notice  of,  when  to  be  given 118 

Life-saving  service,  measure  to  promote  efficiency  indorsed 272 

Lighting  systems,  towns,  cities,  etc.,  may  acquire  and  maintain 770-775 

Lightning  rods,  sale  regulated 115 

Lights  and  buoys,  appropriations  for 211,  267,  510,  522,  817,  833 

Liquor  legislation.     See  Intoxicating  liquor. 

Lisbon  school  district  No.  1,  issue  of  bonds  authorized 350 

Lisbon  village  district,  board  of  health  provided  for 989 

Littleton,  site  of  soldiers'  monument  provided  for 311,  356 

Littleton  union  school  district,  issue  of  bonds  and  notes  authorized.  .  .  963 

Littleton  village  district,  issue  of  bonds  authorized 333 

proceedings  as  to  bond  issue  legalized 387 

Lobsters  protected 549 

Lodge  No.  110,  Loyal  Order  of  Moose,  of  Nashua,  charter  of 322 

Long  pond,  in  Jaffrey  and  Eindge,  name  changed  to  Contoocook  lake.  35 

Long  pond,  in  Webster,  fishing  regulated 655 

Loon  pond,  ice-fishing  prohibited  in 131 

Lord,  Harry  T.,  appropriation  in  favor  of 280 

Loughlin,  James  A.,  appropriations  in  favor  of 301,  839 

Lovell  's  lake,  maintenance  of  fish  screen  at 66 

Lunacy  commission,   appropriations   for 209,  265,  509,  520 

Lying-in  hospitals,  license  and  supervision  of 102 

Lyme,  town-meeting  legalised 321 

Mace,  Frank  A.,  appropriation  in  favor  of 838 

Madigan,  T.  II.,  Jr.,  appropriation  in  favor  of 840 

Maiden  woman,  pauper  settlement  of,  how  gained 235 

Manchester,  board  of  public  works  created 415 

may  pension  employees 986 

city  election,  when  held 988 

committee  on  revision  of  city  charter  provided  for 339 

compensation  of  councilmen 930 

construction  and  repair  of  sidewalks 987 


1913]                    GENERAL  INDEX.  1119 

Manchester,  debt  limit  establislied ;  indebtedness,  how  determined ....  849 

department  of  public  buildings  created 335 

exemption    of    hotel    building    from    local    taxation    au- 
thorized    869 

may  grant  pensions  to  firemen 899 

to    policemen 341 

rate  of  taxation  limited 850 

overseer  of  poor,  compensation,  how  determined 977 

not  to  publish  names  of  assisted  persons  333 

to  publish  proposals  for  fuel,  etc 353 

salaries  of  city  officers,  how  fixed 401,  915 

school  board,  election  of 891 

may  conduct  physical  training,  etc 313 

salaries  of 351 

sealer  of  weights  and  measures,  powers  and  duties 917-920 

superintendent  of  public  buildings,  how  chosen ;   powers 

and  duties,  salary,  etc 336,  337 

ward  limits  defined ;  representatives  to  general  court,  how 

apportioned    978 

water  commissioners  may  grant  pensions  to  employees.  .  .  975 

Manchester  Building  and  Loan  Ass'n,  increase  of  stock  authorized.  ..  870 

Manchester  Leader,  appropriation  in  favor  of 837 

Manchester  Street  Kailway,  investigation  of  fares  provided  for 609 

issue  of  special  tickets  may  be  ordered.  .  609 

Manchester  Union  Co.,  api>ropriations  in  favor  of 302,  837 

Marlow,  appropriation  for  150th  anniversary  authorized 384 

Marriage,  certificate  of  intention,  how  and  when  issued 236 

of  non-resident,  how  certified 509 

Marten   protected 238 

Martin,  Llewellyn  E.,  appropriation  in  favor  of 839 

Mayor,  performance  of  duties  during  absence  or  disability 110 

McCarthy,  "William  G.,  appropriation  in  favor  of 838 

McHugh,  Thomas,  appropriation  in  favor  of 840 

Medical  and  surgical  supplies  and  appliances,  mills,  etc.,  to  keep 30 

Medical  referees,  appropriations  for  department 211,  267,  510,  521 

number  for  each  county 241 

Melvin  &  Fitts,  appropriation  in  favor  of 302 

Memorial  Hospital,  North  Conway,  exempted  from  taxation 373 

Meredith  &  Ossipee  Valley  Eailroad  Co.,  charter  extended 329,  909 

Meredith  and  West  Ossipee  road  provided  for 713 

Meredith  Village  fire  district,  establishment  of  electric  plant  authorized  397 

Merrimack  county,  salaries  and  expenses  of  commissioners 476 

salary  of  deputy  register  of  probate 67 

terms  of  probate  court,  when  held 129 

Merrimack  Valley  road,  appropriation  for 696 

Merriman,  Carl  P.,  appropriation  in  favor  of 302 

Merryman,  Carl  C,  appropriation  in  favor  of 276 

Mileage  books,  railroads  to  issue  for  five  hundred  miles 566 

Milford,  acceptance  of  Lull  devise  authorized,  etc 315 

exemption  of  hotel  from  local  taxation  authorized 913 


1120                                                     GENERAL,  INDEX.  [1913 

Milford  Home  for  Aged  Women,  charter  of 851 

Military  organizations,  appropriations  for 510,  522 

Militia: 

accounts  for  purchases,  how  audited 766 

approval  of  military  accounts 766 

armory  at  Portsmouth,  approjjriation  for 831 

damages  for  land  taken  for  encampment,  how  assessed;   appeal, 

how  taken 125 

discharge  of  officers  for  disability 124 

funds  to  paymasters,  how  furnished 123 

non-commissioned  officers,  how  appointed 123 

officers  may  be  detailed  for  staff  of  governor 5 

pay  of,  for  sundry  services 94,  1 25 

person  wearing  uniform  not  to  be  discriminated  against 159 

rent  of  armories  regulated 94 

retirement  of  officers  for  age 124 

staff  departments  and  officers 502 

statement  of  disbursements,  how  audited  and  filed 765 

_   uniform  allowance  to  officers 501,  763 

Milk,  certified  and  inspected,  production  and  sale  regulated 112 

purchase  for  shipment  outside  state,  business  regulated  under 

licens.e    . 779-7S2 

sale  of  impure  or  adiilterated  product,  how  punished 76 

Mines  and  ores  owned  independently  of  land,  how  taxed 79 

Mink  protected 238 

Minor,    counsel  for,  when  charged  with  crime 499 

daily  and  weekly  hours  of  labor  established  for 177,  690,  786 

employment    restricted 176,  786 

erroneously  committed  to  Industrial  School,  how  discharged.  .  742 

false  statement  to  liquor  dealer  as  to  age,  bow  punished 542 

father  and  mother  joint  guardians  of 110 

not  to  frequent  streets  after  9  p.  m.,  when 730 

Misprision  of  treason,  restoration  of  privileges  after  conviction 477 

Monitor  &  Statesman  Co.,  appropriations  in  favor  of 302,  837 

Monroe  Water  Power  Co.,  charter  revived 388 

Montgomery  lake,  appropriation  for  screening 293 

Morrison,  Charles  E.,  appropriation  in  favor  of 838 

Mosquito  pond,  ice-fishing  prohibited  in 756 

Moth  suppression,  appropriations   for 212,  268,  510,  522 

state    agency    abolished;    deputy    commissioner    of 

agriculture  to  perform  duties 704 

transfer  of  appropriations 705 

Mothers,  destitute,  relief  provided  for 629 

Motor  boats,  use  of  mufflers  required 80 

Motor  cycle,  meaning  of  term 551 

Motor  vehicles,  revenue  from,  how  expended  on  non-trunk  roads 608 

use  regulated;  provisions  for  registration,  etc 137-150 

551-556,  729 

what  deemed  "commercial  motor  vehicle" 729 

wrongful  use  of,  how  punished 61 


1913]                                                  GENERiVL  INDEX.  1121 

Mount  Clinton,  name  changed  to  Mount  Pierce 569 

Mount  Crotchet  road,  appropriation  for 296 

Mount  Madison  House,  appropriation  in  favor  of 840 

Mufflers,  use  required  on  motor  boats 80 

Muskellonge,  protection  in  Connecticut  river 535 

Muskrat   protected 238 

Mutual  insurance  company,  prerequisites  for  license  of 769 

N.  E.  O.  P.  Building  Ass'n,  charter  of 862 

Names  changed  by  probate  courts 303-307,  841-844 

by  superior  court 307-309,  844-846 

Alliance  Trust  Co.  to  Wonolaneet  Trust  Co 947 

Hit  Tit  or  Hitty  Titty  pond  to  Shadow  lake 501 

Knowles  pond  to  lona  lake 63 

Long  pond  to  Contoocook  lake 35 

Mount  Clinton  to  Mount  Pierce 569 

Portsmouth  Cottage  Hospital  to  Portsmouth  Hospital 312 

state   board   of   registration   in   dentistry  to   New   Hampshire 

state  dental  board 656 

Strafford  Bank  to  Strafford  Trust  Co 405 

Union  Guaranty  Savings  Bank  to  Union  Trust  Co 403 

Upper  Beech  pond  to  Alpine  lake 485 

Nashua,  erection  of  Foster  statue  authorized 914 

police  court  abolished  and  new  court  established 633-636 

revision  of  city  charter 418-436,  995-1046 

Nashua   &    Hollis    Electric    Railroad   Co.,    charter    amended    and    ex- 
tended     328,  895,  896 

Nashville  Aqueduct,  charter  amended 342 

National  conventions,  delegates  to,  when  and  how  chosen 711-713 

Navigable  waters  defined;  obstruction  prohibited 21 

Neglect  of  family  by  husband  or  father,  penalty 532 

Nelson,  Howard  O.,  appropriations  in  favor  of 302,  804 

Nelson,  N.  C.  &  Co.,  appropriations  in  favor  of 303,  840 

Nesmith,  John,  governor  may  release  state's  interest  under  will  of .  .  .  15 

directed  to  enforce  state 's  right  under  will  of  820 

New  Boston,  appropriation  for  150th  anniversary  authorized 853 

Newcastle,  water  supply  from  Portsmouth  authorized 410 

New  England  railroad  conference  board,  appointment  authorized;  ap- 
propriation for  expenses 808 

Newfound  lake,  fishing  for  trout  and  salmon  regulated 750 

New  Hampshire  College  of  Agriculture : 

appropriations  for   department 209,  265,  295,  509,  520,  830 

new  building  for  engineering  department.  .  .  .  810 

poultry  benefit  fund 735 

trustees,  qualifications  of;  how  chosen 60 

seven  to  constitute  quorum  of  board 766 

New  Hampshire  Historical   Society,   appropriations   for.... 213,  269,  510,  522 

charter    amended 886 

New  Hampshire  Horticultural  Society,  appropriations  for 283,  643 

New  Hampshire  Missionary  Society,  charter  amended 876 


1122                                                     GENERAL  INDEX.  [1913 

New  Hampshire  National  Guard.     See  Militia. 

New  Hampshire  Orphans '  Home,  charter  amended 349 

New  Hampshire  Eeports,  contract  for  digest  authorized 807 

New  Hampshire  School  for  Feeble-minded  Children: 

appropriations    for    department 210,  2G6,  509,  521,  829 

reservoir,  etc 295 

sundry   purposes 814 

board  of  trustees  abolished;  under  supervision  of  board  of  control  650 

New  Hampshire  Settlement  Ass  'n,  appropriation  for 301 

exempted  from  taxation 927 

New  Hampshire  Soldiers'  Home,  appropriations  for  department 210,  266 

508,  520 

additions,  etc .  .  .  281 

trust  fund  for,  how  held 58 

New  Hampshire  state  dental  board,  organization,  duties,  etc 656 

New  Hampshire  State  Hospital : 

appropriations  for  department 209,  266,  509,  520 

new  building;  issue  of  bonds  authorized 249 

removal   of  fire  risks,  etc 830 

board  of  trustees  abolished;  under  supervision  of  board  of  control  650 

criminal  pleading  insanity,  how  committed  and  discharged 14 

payment  to  Joseph  E.  Burke  authorized 286 

New  Hampshire  State  Normal  School,  Keene: 

appropriations    for 209,  265,  509,  520,  811 

new  building  proVided  for;  issue  of  bonds  authorized 811,  828 

New  Hampshire  State  Normal  School,  Plymouth : 

appropriations    for 209,  2G5,  509,  520,  709 

erection  of  Holmes  Academy  memorial  authorized 972 

new  building  provided  for;  issue  of  bonds  authorized 709,  710 

New  Hampshire  State  Sanatorium : 

appropriations    for    department 210,  266,  277,  509,  521,  686,  805 

new  buildings,  etc 285 

sundry  purposes 824 

board  of  trustees  abolished;  under  supervision  of  board  of  control  650 

New  Hampshire  Surety  Co.,  charter  of 904 

New  Hampshire  Universalist  State  Convention,  charter  amended....  318 

New  Hampshire  Water  Supply  Co.,  charter  of 949 

New  Hampton  Literary  and  Biblical  Institution,  charter  amended.  ..  910 

New  Hampton  village  fire  precinct,  additional  loan  authorized 324 

name  established;  prior  acts  rati- 
fied      366 

Newmarket,   election  proceedings   legalized 870 

Newport,  board  of  assessors  provided  for 974 

Newport  &  Sunapee  Railway  and  Development  Co.,  charter  amended.  .  328 

Nilson,  Alma  E.,  appropriation  in  favor  of 302 

Nitroglycerine,   transportation    restricted 640 

Niven,  John  L.,  appropriation  in  favor  of 285 

Non-resident  may  hunt  on  his  own  premises  without  license 95 

Non-support  by  husband  or  father,  penalty 532 

North  Church  in  Portsmouth,  charter  amended 348 


5913]  GENERAL  INDEX.  1123 

North  Conway  and  Mount  Kearsarge  Railroad,  charter  extended 363,  914 

North  Conway  water   precinct,   maintenance   of   fire   department   au- 
thorized      ^^^ 

North  pond,  provision  for  highway  to 243,  698 

right  to  fish  and  take  ice 244 

Northern  Fidelity  and  Trust  Co.,  charter  extended 924 

Northern  Securities  Co.,  reduction  in  par  value  of  shares  authorized. .  388 

Northfield,  amount  due  to,  for  high-school  tuition,  how  determined.  .  .  154 
equalized  valuation  per  pupil  of  average  attendance,  how 

determined    

state  aid  to  town  school  district,  when  payable 155 

Notice  by  publication,  what  suflBcient  when  original  writ  on  file 7 

Nute  Charitable  Ass  'n,  charter  of ^^^ 

Occupational  diseases,  provisions  for  report  of "0' 

October  12  a  legal  holiday '^^'* 

O'Dowd,  Eichard  M.,  appropriations  in  favor  of 302,  804 

Office  Toilet  Supply  Co.,  appropriation  in  favor  of 840 

Old  Home  week,  appropriation  for  observance  of;  time  designated  for  823 

O  'Malley,  Michael,  appropriation  in  favor  of 839 

Opthalmia  of  new-born,  prevention  of ^28 

Optometry,  appropriations   for   department 510,  521 

practice  regulated;  board  of  registration  created 220-223 

Orphans'  Home  of  Concord  exempted  from  taxation 943 

Ossipee  Water  and  Electric  Co.,  charter  of 374 

Otter  protected "^"^^ 

Oxen,  cows,  and  other  neat  stock,  taxation  of 503 

Oysters,  taking  in  certain  waters  regulated 562 

Pacific  Mills,  exercise  of  powers  of  Cocheeo  Manufacturing  Co.  au- 
thorized; maintenance  of  electric  plants  authorized 887 

Pandering,    how    punished '  ■* 

Park  Cemetery,  Tilton,  acts  and  proceedings  legalized 871 

Parker,  George  W.,  appropriation  in  favor  of 276 

Parlor  ear  companies,  taxation  of 

Partition  of  real  estate,  issues,  how  framed  and  tried 493 

who  entitled  to 493 

who  may  be  made  petitionees 493 

sale  if  division  impracticable 493 

^  Patriot  Publishing  Co.,  appropriation  in  favor  of 302 

Patten,  Scott  S.,  appropriation  in  favor  of 838 

Peerless  Casualty  Co.,  charter  amended 318 

Pembroke,  establishment  of  water-works  authorized 864 

water-works  property  exempted  from  taxation 971 

Penal  institutions,  committee  on  centralized  supervision  provided  for.  289 

Pennichuck  Water  Works,  charter  amended 343 

extension  of  pipes  and  service  to  Hudson 

authorized    345 

Pensioning  of  firemen,  policemen,  and  constables HI 

People 's  Trust  Co.,  charter  of 994 


1124  GENERi\X,  INDEX.  [1913 

Perkins,  Charles  A.,  appropriation  in  favor  of 838 

Peterborough   Bank,   charter   re-enacted 389 

Pharmacy  commission,  appropriations  for  department 211,  267,  510,  521 

Phenix  Mutual  Fire  Insurance  Co.,  charter  of 873 

Phillips  Brook  Improvement  Co.,  charter  of 959 

Pickerel    protected 647 

protection  in  Massabesie  lake 13 

Pierce,  Franklin,  appropriation   for   statue   of 821 

mountain  named  for 569 

Pike,  protection  in  Connecticut  river 535 

Pillsbury,  E.  W.,  appropriation  in  favor  of 303 

Pine  Park  Ass  'n  exempted  from  taxation 877 

Dartmouth  College  trustees  may  co-operate  in  man- 
agement   of 940 

Hanover  village  precinct  may  co-operate  in  manage- 
ment of 877 

Pioneer  Electric  Co.,  charter  of 925 

Piscataqua  river,  Portsmouth  authorized  to  construct  bridge  across.  ..  20 

Pistol,    carrying   prohibited 484 

Plainfield  Water  Supply  Co..;  charter  of 954 

Playgrounds,  towns  may  appropriate  money  for 163 

Plover  protected 74 

Plumbers,  board  to  examine,  how  constituted 500 

Plymouth,  appropriation  for  150th  anniversary  authorized 850 

exemption  of  Morse  residence  from  local  taxation  ratified.  890 

Plymouth  village  fire  district,  change  in  boundaries  authorized 896 

service  in  Holderness  authorised 896 

Police  commissioners,  appointment,  duties,  etc 682 

Police  courts,  copies  how  filed  by,  on  appeal 116 

criminal  jurisdiction  enlarged 538 

may  require  bail  of  $500  on  appeal 540 

district  police  courts  established 715-727 

appeals  from,  how  taken 725 

civil  sessions,  when  and  where  held 725 

court  rooms,  how  provided 726 

executions,  when  issued  and  returnable 725 

final  judgment  in  criminal  cases,  when 725 

jurisdiction,  civil  and  criminal 724,  725 

justices,  special  justices,  and  clerks,  appointment, 

duties,  etc 723,  724,  761 

justices  to  act  as  clerks,  when 723 

salaries  of  justices  and  clerks 726,  727 

town  and  city  police  courts  abolished 727 

writs,  etc.,  form  of;  when  returnable 725,  726 

Policemen,  pensioning  of,  for  disability • Ill 

Police  offences,  imprisonment  in  county  house  of  correction  for 527 

Political  advertisements  to  be  designated  and  signed Ill 

Political  contributions,  corporations  not  to  make 113 

publicity  provided  for 105 

solicitation  from  corporation  prohibited 113 

to  whom  to  be  made 107 


1913]                    GENERAL  INDEX.  1125 

Poll  tax,  assessment  aud  collection  of 557 

Polling  places  and  booths,  requirements  of 784 

who  allowed  within  guard  rail.  .  ."". 784 

Polls,  when  to  open  in  cities ^^^ 

when  to  open  and  close  in  towns H 

Portsmouth,  appropriation  for  state  armory  in 831 

board  of  registrars  provided  for 976 

construction  of  bridge  across  Piseataqua  river  authorized.  20 

donation  of  site  for   state  armory  authorized 410 

to  Army  and  Navy  Ass'n  authorized.  . .  395 

issue  of  water-works  bonds  authorized 916 

police  force,  compensation  of 314 

how   constituted 310 

supplying  water  to  Newcastle  authorized 410 

Portsmouth  Chronicle,  appropriation  in  favor  of 837 

Portsmouth  Cottage  Hospital,  name  changed  to  Portsmouth  Hospital.  .  312 

Portsmouth  harbor,  dumping  ballast,  etc.,  into  prohibited 166 

Portsmouth  Times,  appropriation  in  favor  of 837 

Power  boats,  inspection  and  certification  of (43-745 

use  of  mufflers  required 80 

Poultry,  act  to  improve  and  encourage  breeding  of 735 

Prentiss,  Charles  W.,  appropriation  in  favor  of 839 

Pridham,  James  W.,  appropriations  in  favor  of 278,  839 

Primary  election.     See  Elections. 

Prisoner  or  relatives  may  receive  earnings,  when;  privilege  forfeited 

by  misconduct   '36 

Prisoners'  Aid  Ass'n,  appropriations  for 210,  266,  508,  520 

Probate  courts,  appropriations  for  department 208,  264,  508,  519,  686 

empowered  to  enforce  orders  and  decrees 132 

jurisdiction  in  adoption  of  adults 167 

may  authorize  appraisal  by  one  person,  when 57 

terms  for  Carroll  county,  where  held 742 

Merrimack    county 129 

Prostitution,  procurement  for  purposes  of,  hoAV  punished 74 

Public  acts,  how  printed  and  distributed 699 

Public  instruction,  appropriations  for  department. 209,  265,  277,  508,  519,  686 

superintendent,  appointment,   salary,  etc 683 

deputies,  appointment,  duties,  etc 683,  684 

Public  libraries,  state  publications  to  be  sent  to 526 

transfer  of  state  publications  to,  by  towns 526 

Public  printing  commission,  appropriations  for  department.  .207,  263,  507,  519 

indexer  of  records  to  be  clerk  of 546 

may  contract  with  non-residents,  when.  .  .  643 
not  to  contract  with  establishment  if  any 

member   interested 643 

Public  service  commission : 

act  creating 187-206 

appointment,  removal,  tenure  of  oilfice,  etc 188 

appropriations  for  department 207,  263,  508,  520 

rate    investigation 261 

sundry  purposes 821,  837 


]126                                                     GENERAL  INDEX.  [1913 

Public  service  commission: 

assistant  clerk  provided  for 665 

compulsory  attendance  of  witnesses 189,  190,  664 

production  of  books 666 

determination  of  reasonable  charges 196 

disposition  of  fees  and  costs 677 

examination  of  meters,  etc 631 

fixing  of  intrastate  railroad  rates 195,  667 

joint  railroad  service  and  rates 668,  669 

grade  crossing,  order  for  protection  of 632 

grant  to  railroad  of  right  to  clear  adjacent  land 632,  689 

hearings  before  less  than  full  board 664 

independent    investigations 195,  665,  666 

investigation  of  complaints  of  municipal  officers 195,  666 

fares  of  Manchester  Street  Railway 609 

illegal  rates  on  certain  railroads 259-262 

proposed  increase  in  rates 193 

railroad  accidents 201,  674 

maximum  railroad  rates,  method  of  adjustment  provided 591-597 

expenditures  authorized 834 

may  order  lights  at  railroad  bridge  across  navigable  stream 833 

orders  of,  how  served 202 

how  suspended  on  appeal 679 

rehearings  upon,  how  moved 677 

rescission,  etc 204 

right  of  appeal  from;  procedure 202-204,  677-679 

powers  and  duties  of  commission 191,  192 

reconstruction  of  railroad,  etc.,  may  be  required 196,  667 

regulation  of  freight  traffic 194 

stock  and  bond  issues 199-201 

reparation  by  railroad  if  excess  rate  collected 668 

procedure  if  order  not  obeyed 675 

report  to  legislature 205,  676 

right  to  expend  money 189,  664,  834 

salaries,  qualifications,  clerical  expenses,  etc 189 

salaries   of  members  increased 663 

standard  units  of  service,  etc.,  provided  for 630 

steamboat  inspection,  powers  and  duties  with  respect  to 676,  743 

system  of  accounts  and  records,  establishment  of 570 

to  appraise  land  damages  caused  by  railroad  location 527 

to  approve  leases  of  public  utilities 198,  670 

railroads   197 

purchase  of  securities  of  other  companies.  .  .  670 

spark  arresters,  etc.,  on  locomotives 688 

to  make  rules  for  transportation  of  explosives 639 

to  regulate  construction  of  dams  over  twenty-five  feet  high 525 

Public  Statutes  amended,  etc.: 

chapter       2,  section  33,  "spirit,"  "spirituous  liquor,"  or  "in- 
toxicating liquor,"  meaning  of 255 


1913]  GENERAL  INDEX.  1127 

Public  Statutes  amended,  etc.: 

chapter       7,  section  1,  keepers  of  state  house  and  yard,  how  ap- 
pointed      90 

7,  section  2,  tenure  of  office,  etc 90 

15,  section  8,  secretary   of  state  to   furnish  tax   inven- 
tories to  selectmen 233 

35,  section  9,   to    furnish   copies   received   to   board    of 

equalization    233 

22,  sections  2-6,  councilor  districts 685 

23,  senatorial   districts 692 

25,  section  9,  deputy  county  officers 130 

27,  section  10,    county    commissioners,    salaries    and    ex- 
penses  of 476,  523 

29,  section  1,  registers  of  deeds  to  keep  records,  etc.  .  .  .  83 

31,  section  8,    voting  residence,  what  constitutes 239 

\  40,  section  4,  towns  may  raise  money,  for  what 163,  533 

46,  section  8,  polls,  when  opened  and  closed  in  cities.  .  .  544 

47,  section  11,  if  mayor  absent  or  disabled,  procedure.  .  110 

53,  section  1,  village  districts,  establishment  of 8 

53,  section  7,  village  districts,  officers  of,  etc 12 

55,  section  1,  taxation  of  male  polls 557 

55,  section  4,  undeveloped  mines  not  taxable 79 

55,  section  7,  personalty  liable  to  taxation 59,  86,  488,  503 

56,  section  16,  taxation  of  wood,  lumber,  etc 59,  84 

57,  section  3,  secretary  of  state  to  send  blank  tax  in- 

voices to  selectmen 233 

57,  section  4,  to  prepare  and  furnish  blank  inventories 

to  assessors 233 

57,  section  5,  form  of  tJix  inventory  blanks 768 

59,  section  1,  taxes  for  any  year  on  April  invoice 557 

59,  section  11,  abatement  of  taxes  by  court 540 

61,  section  9,  notice  of  tax  sale  to  mortgagees 731 

61,  section  18,  fees  of  collector  and  purchaser 731 

63,  board  of  equalization 233 

64,  section  1,  railroads,  how  taxed 233 

64,  sections  3-12,  taxation  of  certain  corporations 233 

65,  section  5,  savings  banks,  how  taxed 256 

65,  section  8,  return  of  insurance  companies  for  purpose 

of    taxation 547 

76,  sections  3,  4,  town  not  liable  for  damage  on  high- 
way if  load  excessive 491 

78,  section  1,  guide-boards,  where  to  be  maintained.  .  .  .  733 

78,  section  2,  penalty  for  neglect 733 

83,  section  1,  pauper  settlement,  how  gained 235 

89,  section  3,  school  district  may  raise  money,  for  what.  581 
89,  section  11,    contracts    with    academy,    etc.,    for    in- 
struction     -^5" 

92,  section  2,  school  boards  to  hire  teachers,  etc 155 

92,  section  6,  school  boards  to  prescribe  studies 156 

92,  section  12,  school  board,  annual  report  of 162 


1128  GENER.iL,  INDEX.  [1913 

Public  Statutes  amended,  etc.: 

chapter     93,  section  14,  compulsory  school  attendance 157,  782 

94,  section  1,  superintendent  of  public  instruction 683 

112,  section  15,  illegal  sale  of  spirit,  how  punished 256 

112,  section  16,  common  seller  of  spirit,  how  punished.  .  256 

112,  section  22,  sale  of  liquor  in  original  packages 75Q 

120,  section  7,     dumping    ballast,    etc.,     in    Portsmouth 

harbor 166 

125,  section  12,  selling      by      unsealed      or      fraudulent 

weights,  how  punished 101 

126,  section  3,  standard  weights  of  certain  commodities.  101 

127,  section  17,  sale  of  impure  milk,  how  punished 76 

127,  section  18,  milk  deemed  to  be  adulterated,  when.  ...  76 

141,  section  10,  lien  of  laborer  on  building 566 

141,  section  13,  lien  of  subcontractor 118 

150,  section  10,  list  of  stockholders  to  town  clerk 172 

150,  section  16,  annual  return  of  corporation .  172 

155,  sections  5,  6,  railroad  commission,  salaries  and  ex- 

penses  of 676,  680 

156,  sections  18-20,  railroad  extensions  and  branches.  .  .  .   206,  676 
158,  section  9,  damages  caused  by  railroad  location,  ap- 
praisal   of 527 

162,  sections  12-25,  saving  banks,  liquidation  of 74 

165,  sections  26-29,  savings  bank  assets,  reduction  of .  .  .  .  74 

168,  sections    9-12,    insurance    agents,    appointment    and 

license  of 548 

169,  section  3,  mutual  insurance  company,  when  licensed  769 

169,  section  7,  insurance  agents  to  be  residents 65 

169,  section  8,  license  to  insurance  agents,  when  granted.  548 

169,  section  1 1 ,  when  revoked 548 

169,  section  15,  insurance  in  unlicensed  companies 225 

173,  registration  of  births,  marriages,  and  deaths 539 

173,  section  4,  record  of  deaths  and  burials 64 

173,  section  11,   neglect    of    duty   as   to   vital    statistics, 

penalty    504 

174,  section  6,  certificate  of  intention  of  marriage 236 

181,  adoption  of  children 167 

184,  section  4,  probate  court  for  Carroll  county 742 

184,  section  5,  probate  court  for  Mierrimack  county 129 

186,  section  3,  devise  to  witness  of  will  void,  when 7 

191,  section  11,  damages  for  death  by  negligence 757 

205,  sections  9,  10,  attachment  lien  on  creditor's  bill.  .  .  .  599 

205,  section  18,  appointment  of  receivers,  etc 32 

211,  section  5,  jurisdiction  of  police  courts 538 

220,  sections  3-6,  attachment  of  real  estate 55 

200,  section  16,  attachment  of  bulky  articles 135 

233,  sections  27-29,  levy  of  execution   on  realty  not   at- 
tached      498,  499 

243,  section  1,  owner  in  common  may  have  partition.  .  .  .  493 

243,  section  9,  issues,  how  framed  and  tried 493 


1913]                    GENERAL  INDEX.  1129 

Public  Statutes  amended,  etc.: 

chapter  243,  section  26,  sale  of  estate  and  division  of  proceeds.  . .  493 
252,  section  3,  appellant  from  police  court  or  justice  to 

recognize 540 

252,  section  18,  copies  of  process  to  be  filed  on  appeal.  .  .  116 

254,  section  4,  minors  charged  with  crime,  counsel  for.  . .  499 

261,  section  1,  rewards  for  capture  of  criminals 161 

264,  offences  against  police  of  towns 527 

266,  section  12,  interference  with  laborers,  etc 764 

266,  section  29,  wrongful  use  of  horses,  boats,  etc 61 

267,  section  1,  cruelty  to  animals  prohibited 541 

270,  section  6,  keeping  gambling  place,  penalty 160 

270,  section  7,  gambling,  how  punished 160 

276,  burglary  and  breaking  buildings 24 

279,  section  1,  treason  and  misprision,  how  punished 477 

284,  Industrial    School 588 

284,  section  14,  sentences  to  Industrial  School 168 

286,  section  9,  clerical  expenses  of  adjutant-general....  105 

286,  section  17,  salaries  of  county  solicitors 13,  93,  567 

286,  section  18,  salaries   of   sheriffs 534 

286,  section  19,  salaries  of  county  treasurers 58,  589 

286,  section  20,   salary   of   superintendent   of  public   in- 

struction     245 

287,  section  22,  jury  fee 80 

Public  Statutes,  supplement  to,  purchase  authorized;  how  distributed.  807 
Public  utilities: 

accidents  causing  personal  injury,  etc.,  to  be  reported 674 

additional  rights  of,  how  acquired 198,  671 

approval  of,  by  public  service  commission 197,  669 

certain  bonds  not  invalid  because  sold  at  less  than  par 503 

not  subject  to  statutory  debt  limit 504 

complaints  against,  how  made  and  investigated 195 

contracts  for  advertising  not  to  exceed  regular  rates 574 

dividends  payable  only  from  net  corporate  income 571 

electric  energy,  conveyance  outside  state  regulated 193,  675 

falsification  or  destruction  of  accounts  or  records  prohibited 571 

free  service  or  reduced  rates  regulated 573 

lease  of,  to  be  approved  by  public  service  commission 198,  670 

to  foreign  corporation,  prohibited 670 

mortgage  of  property  and  franchises  to  secure  bonds 674 

neglect  of  duty  by  and  proceeding  for  relief 201,  202 

rates,  changes  in,  how  made 192,  665 

period  of,  to  be  specified 197 

preferential    prohibited 193 

to  be  filed  with  public  service  commission 192 

rebates,  drawbacks,  etc.,  prohibited 574 

securities  of  other  companies,  how  acquired 198,  670 

standard  units  of  service,  etc.,  establishment  of 630 

stock  and  bond  issues  regulated 199-201,  671-674 

system  of  accounts  and  records,  essentials  of 570 


1130  GENERAL   INDEX.  [1913 

Public  utilities: 

to  furnish  adequate  service  at  reasonable  rates 191 

under  supervision  of  public  service  commissiou 191 

violation  of  order  of  commission,  penalty 205 

willfully  false  statements  or  entries  prohibited 666 

Publication,  notice  by,  how  given  if  original  writ  on  file 7 

Purchasing  agent,  appointment,  duties,  and  compensation 651-653 

Eailroad  equipment,  fee  for  recording  contracts  of  sale,  etc 478 

Eailroads: 

accidents  causing  personal  injury,  etc.,  to  be  reported 674 

additional  rights  of,  how  acquired 198,  671 

caboose  ears  to  have  two  four-wheeled  trucks 605 

certain  bonds  not  invalid  if  sold  at  less  than  par 503 

not  subject  to  statutory  debt  limit 504 

complaint  against,  how  made  and  investigated 194,  195 

contracts  for  advertising  not  to  exceed  regular  rates 574 

corporation  owning  majority  of  stock  to  make  return 751 

employees  may  be  deputy  forest  fire  wardens 688 

explosives,  transportation  restricted 639,  640 

extension  of,  how  effected 197 

falsification  or  destruction  of  accounts  or  records  prohibited 571 

free  passes,  list  to  be  filed 574 

free  transportation   regulated 572 

furnishing  and  distribruting  freight  cars,  how  regulated 194 

grade  crossings,  order  for  protection  of 632 

instructions  as  to  prevention,  etc.,  of  fires 689 

investigation   of   accidents 201,  674 

illegal  rates  on  certain  lines 259-262 

joint  service  and  rates  therefor 668,  669 

land  damages  caused  by  location,  appraisal  of 527 

leases  to  be  approved  by  public  service  commission 197 

maintenance  of  lights  on  bridge  across  navigable  stream 833 

mileage  books  to  be  issued  for  five  hundred  miles 566 

mortgage  of  property  and  franchises  to  secure  bonds 674 

neglect  of  duty  by  and  proceedings  for  relief 201,  202 

order  for  repayment  of  excess  rate 668 

procedure  if  such  order  not  obeyed 675 

rates,  change  in,  how  made 192,  665 

intrastate,   how   fixed 195,  667 

maximum,  method  of  adjustment  provided 591-597 

period  of,  to  be  specified 197 

preferential    prohibited 193 

temporary  suspension  of 669 

to  be  filed  with  public  service  commission 192 

rebates,  drawbacks,  etc.,  prohibited •. 574 

reconstruction  and  alteration,  how  effected 196,  667 

right  to  clear  adjacent  land,  when  and  how  granted 632,  689 

signals  for  fires  on  right  of  way 688 

spark  arresters,  etc.,  on  locomotives 688 


1913]                                                  GENERAL  INDEX.  1131 

Eailroads : 

stock  and  bond  issues  regulated 199-201,  671-674 

system  of  acounts  and  records,  essentials  of 570 

taxation  of 229,  230,  233 

to  furnish  adequate  service  at  reasonable  rates 191 

under  supervision  of  public  service  commission 191 

willfully  false  statements  or  entries  prohibited 666 

Eailroad  commission,  appropriation  for  printing  report 294 

finding  or  order  of,  not  vacated  by  appeal 119 

may  be  suspended  by  supe- 
rior court 120 

violation  may  be  enjoined.  .  120 

Eailroad  rates,  investigation  of  illegal  charges  provided  for 259-262 

Railroad  tax  litigation,  compromise  authorized 288 

Eantoul,  Eobert,  appropriation  in  favor  of 303 

Eaymond,  refund  of  bonded  debt  authorized 849 

Raymond,  Charles  A.,  appropriation  in  favor  of 838 

Eeal  estate,  attachment  of,  on  creditor  's  bill 599 

how  attached,  generally 55 

if  attachment  dissolved,  discharge  to  be  given  and  recorded  529 

levy  of  execution  on;  copies,  how  filed  and  recorded 498 

loan  on,  when  exempt  from  taxation 86 

Eebating  by  insurance  companies  and  agents  prohibited 636-638 

Records  of  towns,  etc.,  copying  and  indexing  provided  for 646 

use  of  certified  copies  as  evidence 646 

Register  of  deeds  may  appoint  deputy,  for  what  term 130 

repair  of  record  books  by 83 

to  record  discharge  of  attachment  of  real  estate 529 

levy  of  execution  on  real  estate 499 

Register  of  probate  may  appoint  deputy,  for  what  term 130 

Religious  institutions,  property  exempted  from  taxation 604 

Remick,  James  W..  appropriation  in  favor  of 839 

Remick  &  HoUis,  appropriation  in  favor  of 840 

Remington  Typewriter  Co.,  appropriation  in  favor  of 839 

"Reminiscences  of  the  War  of  the  Rebellion,"  purchase  authorized.  . .  279 

Reports  of  state  departments  and  institutions,  printing  regulated....  640 

Representatives  to  general  court,  apportionment  of 86-89 

Reward  for  capture  of  criminal,  who  may  offer 161 

Rochester,  establishment  of  light  and  power  plant  authorized 398 

police  court  established 921 

revision    of    checklists 921 

sprinkling  precincts  authorized 320 

ward  limits   defined 922 

Rochester  Bank,  charter  continued 408 

Rockingham  county,  deposit  of  funds  by  treasurer  regulated 109 

issue  of  refunding  bonds  authorized 34 

joint  action  as  to  Piscataqua  river  toll  bridges  au- 
thorized    649 

salary    of   treasurer 644 

43 


1132                                                     GENERAL   INDEX.  [1913 

Eockingham  County  Light  and  Power  Co.,  right  to  do  business  in  cer- 
tain towns  restricted 352 

Eockingham  road  provided  for 700 

Eollinsford,  purchase  and  maintenance  of  light  and  power  plant  au- 
thorized    911 

Eowe,  George  S.,  approj^riation  in  favor  of 838 

Eumford  Printing  Co.,  appropriations  in  favor  of 839,  840 

Sable  protected 238 

St.  Paul's  School,  charter  amended 958 

Salaries  increased : 

aldermen  of  Concord 882 

attorney-general    ' 252 

city  clerk  of  Berlin 897 

commissioners  of  Merrimack  county 476 

Hillsborough  county 523 

deputy  register  of  probate  for  Merrimack  county 67 

judge  of  Berlin  police  court 868 

justices  of  superior    court 654 

supreme    court 654 

public  service  commissioners 663 

secretary  and  clerk  of  state  board  of  charities  and  correction ....  234 

secretary  of  state 11 

sheriff  of  Sullivan  count}' 644 

Coos  county 534 

solicitor  of  Strafford  county 93 

Belknap  county 23 

Carroll  county 567 

Grafton  county 13 

Coos  county 34 

superintendent  of  public  instruction 245,  683 

treasurer  of  Eockingham  county 644 

Strafford   county 589 

Carroll    county 58 

Salem  Water  Supply  Co.,  charter  of 389 

Sanborn,  Eugene  D.,  appropriations  in  favor  of 203,  804 

Sanborn,  F.  W.,  appropriation  in  favor  of 302 

Sanborn,  Lizzie,  H.,  appropriations  in  favor  of 302,  839,  840 

Savings  banks,  proceedings  for  liquidation  o+" 69-74 

taxation  of 256 

Schools: 

agriculture,  domestic  and  mechanic  arts,  etc.,  coiirses  provided  for  684,  703 
amount  due  Northfield  and  Tilton  for  high-school  tuition,  how  de- 
termined     1 54 

child  labor,  duty  of  school  officers  with  reference  to 176-180 

compulsory  attendance  provisions,  to  whom  applicable' ,  782 

district  may  exempt  bonds  held  by  residents 528 

money  loaned  to  it  by  residents 531 

may  purchase  school  wagon 56 


]^913]  GENERAL  INDEX.  1133 

Schools :  _ 

equalized  valuation  per  pupil,  bow  determined  for  Boscawen i^t 

Northfield   154 

Tilton 154 

558 
medical  inspection  provided  tor 

school  boards,  certain  studies  to  be  prescribed  by 156 

employment  of  teachers  by ^^^ 

provision  for  annual  report  to  selectmen  repealed.  .  162 

recommendation  of  relief  to  destitute  mothers 629 

state  aid,  apportionment  of;  to  what  tovms  payable 741 

2^fi    277 
appropriations   for ''^"' 

when  payable  to  Northfield  school  district ■  •  155 

to  town  district  and  union  district  in  Til- 

ton 155 

state  superintendent,  appointment,  salary,  etc 

deputies,  appointment,  duties,  etc 683,  684 

may  issue  certificate  to  experienced  teacher.  175 

may    terminate    contract    between    district 

and    academy 

powers  and  duties  with  respect  to  child  labor  177,  179 

regulation  of  school  attendance  by 157 

.  ^  .164 

Sea  gulls  protected 

Seavey,  Simon,  homestead  severed  from  Bartlett 

Secretary  of  state,  appropriations   for   department 206,  262,  507,  518 

duties  as  to  election  of  delegates  to  national  con- 

,.  711,  712 

ventions ' 

fee  for  filing  candidacy  of  ward  clerk 505 

recording  contracts  as  to   railroad  equip- 
ment     4^^ 

recount  of  primary  vote  as  to  ward  clerk.  506; 
may   cause   certain   ancient    documents   to   be   re- 
corded and  indexed ^'^^' 

,  f  11 

salary  or 

to  accept  service  upon  certain  purchasers  of  dairy 

products 780,  781 

upon  foreign  corporations 748,  749* 

to  publish  proceedings  at  state  house  dedication.  .  274 

to  purchase  and  distribute  supplement  to  Public 

o^  ^  4.                                                                        ...  807 

Statutes    

to  require  deposit   in   office  of  ancient  town  rec- 
ords, etc ^"^^ 

Senatorial  districts,  how  constituted -^"  ■ 

Senators  in  congress,  nomination  and  election  of 

constitutional  amendment  as  to  election  ratified.  80] 

Sentinel  Publishing  Co.,  appropriation  in  favor  of ^        ^^^ 

Service  of  process,  how  made  upon  certain  purchasers  of  milk,  etc.  .  .  .  780,  781 

foreign  corporations 748,  749 

Session  laws  amended,  etc.: 

1823,  chapter         3,  section  2,  New  Hampshire  Historical  Society  .86 

1852,  chapter  1261,  section  1,   Nashville   Aqueduct 342 


1134 


GENERAL    INDEX. 


[1913 


Session  laws  amended,  etc. : 

18.52,  chapter  ]38.5,  section  2,  New  Hamilton  Literary   and  Bib- 
lical Institute,  powers  of 

section  1,  St.  Paul's  School  incorporated.  .  .  . 

section  3,  membership  of  corporation 

Simon  Seavey  homestead  annexed  to  Bartlett 

section  2,  New  Hampshire  Universalist  State 
Convention    

section  3,  New   Hampshire   Orphans'   Home, 
powers   of 

section  4,  directors  of  Orphans'  Home 

section  2,  Manchester  city  election 

section  2,  Manchester  ""city  officers 

sale  of  lightning  rods  regulated 

section    2,    Unitarian    Educational    Society, 
powers    of 

section  18,  Dover  water-works 

section  21,  Dover  may  borrow  money,  etc.  .  . 

section  2,   Pennichuck    Water   Works,   dams, 
etc 

section  2,  Gordon-Nash  Library,  powers  of.  . 

section  3,  Woodsville  fire  district 

section  1,  Alliance  Trust  Co 

section  3,  capital  stock  of 

section  5,  New  Hampshire  College  of  Agri- 
culture, trustees  of 

section  2,  Portsmouth  Y.  M.  C.  A.,  powers  of 

Strafford  Bank,  charter  of 

section  5,   Nashua   Y.   M.   C.   A.,   exemption 
from  taxation 

section  9,  Eochester  checklists,  revision  of.  . 

section  26,  Eochester  police  court 

section  2,   fee   for   recording   contract   as   to 
railroad    equipment 

section  3,  highway  agents,  how  chosen 

section  1,  cattle  killed  by  commissioners,  pay- 
ment  for 

section  4,  Laconia,  mayor  and  council  of .  .  .  . 

section  15,  Laconia  councilmen,  how  chosen.  . 

sections    1,    2,    Eochester    wards    and    ward 
officers    

section  2,  fees  of  court  stenographers 

section  2,  certificate  to  teacher 

certain    orders,    etc.,    under    insurance    com- 
missioner     

section  1,  insurance  commissioner  given  juris- 
diction     

section  2,  repealing  clause  of  act 

section  1,  savings  banks,  how  taxed 

section  7,  expenses  of  state  board  of  charities 


1855, 

chapter 

1757, 
1757, 

1863, 

chapter 

2743, 

1864, 

chapter 

3060, 

1871, 

chapter 

98, 
98, 

1878, 

chapter 

163, 
163, 

1879, 

chapter 

34, 
120, 

1881, 

chapter 

256, 
256 

1883, 

chapter 

237, 

1887, 

chapter 

193 
204 
305, 
305 

1891, 

chapter 

52, 

172 
180, 
213, 

241, 
241 

1893, 

chapter 

25, 

29, 
33, 

241 
241 
309 

1895, 

chapter 

30 
49 
81 

81 

81 
108 
116 


910 
958 
958 
972 

318 

349 
349 

988 
893 
115 

356 

893,  992 
894 

343 

894 
872 
947 
947 

60,  766 
858 
405 

362 
921 
921 

478 
485 

160 
346 
347 

922 

33 

175 

24,  550 

550 
551 
256 
234 


1913] 


GENERAL,  INDEX. 


1135 


1899,  chapter 


Session  laws  amended,  etc. : 

]895,  chapter     162,  section  4,  Portsinonth    police    force 

section  1,  Keene,  watering  streets  of 

1897,  chapter       19,  railroad  stocks  and  bonds,  how  issued 

section  1,  town  appropriations  for  band  con- 
certs     

reserve  fund  of  foreign  casualty  company 

section  10,  ballots,  what  to  contain 

section  15,  polling  places,  booths,  etc 

section  17,  preparation  of  ballot;  manner  of 
voting     

section  19,  assistance  to  voter,  etc 

state  board  of  charities,  inspections  by 

section  2,  Berlin,  ward  limits  in 

section  3,  Berlin,  city  council  of 

section  7,  representatives  to  general  court .  .  . 

section  12,  Berlin,  salary  of  mayor,  etc 

section  17,  Berlin,  police  court  of 

Wolfeboro  village  fire  precinct 

section  2,  Dalton  Power  Co.,  powers  of 

section  1,  certain  days  made  holidays 

section  1,  records  of  deaths  and  burials.  .  .  . 

guardian  for  person  on  own  application 

Industrial    School 

section  3,  examining  board  for  plumbers.  . .  . 

section  1,    foreign    fire    company    to    insure 
through  resident  agent 

section  1,  vehicles,  taxation  of 

section  1,  salary  of  secretary  of  state 

section  2,    Claremont    water-works,    right    of 
eminent  domain 

section  2,  Troy  Water  and  Improvement  Co., 
capital,  etc 

section  2,  Howe  Library,  powers  of 

1901,  chapter       11,  Carroll  county  solicitor,  salary  of 

escapes  from  Industrial  School,  penalty.... 

section  1,  examination  of  criminal  pleading 
insanity    

sections  2-6,    Cathedral     and    White     Horse 
ledges  

section  1,  feeding-stutfs,  how  to  be  marked. 

section  2,  ' '  concentrated  commercial  feeding- 
stuffs, "  meaning  of 

section  4,  license  fee  required 

increased  stock  of  railroad,  how  sold 

section  1 ,  salary  of  secretary  of  state 

section  4,    opinions    of    supreme    court,    how 
filed     

section  7,  supreme  court  justices,  duties  of.  . 

section  16,  deer  protected 


214 
19 
23 

38 

78 

78 
78 


91 

121 

121 

121 

121 

121 

183 

184 

11 

17 

35 

45 

55 

86 

94 
104 
180 

187 

215 
11 
15 
21 

34 

35 
35 

35 
42 


310,  314 

402 
206,  676 

84 
24 

81,  247 

784 

248 
108 
479 
856 
857 
858 
384 
864 
874 
386 
494 
64 
477 
588 
500 

240 

487 
11 

940 

959 
851 
567 

588 

14 

482 
257 

258 

258 

206,  676 

11 

95 

654 
164,  171 


1136 


GENERAL   INDEX. 


[1913 


Session  laws  amended,  etc.: 

1901,  chapter       79,  sections    35-37,    permission    to    collect    birds 


Rnd    00*2^8 

100 

79, 

•-*'"*-*   ^'&&'-' •• 

section  40,   woodcock,  etc.,   protected 

130 

79, 

section  43,  shooting  of  beach  birds,  etc 

56 

79, 

section  45,  eagles  and  herons  protected 

68 

79, 

section  56,  lake  trout,  etc.,  protection  of .  .  .  . 

166, 

495 

79, 

section  59,  pickerel,  etc.,  protected 

13 

79, 

section  77,  oysters,  taking  regulated 

562 

79, 

section  78,  lobsters  protected 

549 

84, 

section  1,  printing  commission  provided  for. 

643 

98, 

section  4,      appropriation      for      town      tree 

wardens    

601 

98, 

section  7,  brush  fires  regulated 

601 

195, 

section  6,    Eockingham    County    Light    and 

Power  Co.,  restrictions  upon 

352 

220, 

section  1,  Manchester  aldermen,  salaries  of. 

930 

234, 

section  2,  Somersworth  police  commissioners. 

906 

236, 

sections  1,  4,  Peerless  Casualty  Co 

318, 

319 

1903,  chapter       22, 

bonds,  etc.,  of  railroads  and  street  railways. 

issuance  and  sale  of 

503 

82, 

lake  trout,  etc.,  protection  of 

495 

95, 

sale  of  liquor  regulated 

21 

95, 

section  5,  special  liquor  agents 

777 

95, 

section  6,  classes  of  liquor  licenses 

18, 

776 

95, 

section  7,  fees  for  liquor  licenses 

776 

95, 

section  8,  certain  |)ersons  not  to  be  licensed 

118, 

588 

95, 

section  9,  licenses  not  granted  for  certain'  lo- 

cations    

598 

95, 

section  14,  revocation   of  licenses 

170, 

640 

95, 

section  16,  hours  and  days  of  sale 

530 

95, 

section  38,    records    of    deliveries    of    liquor 

by  carriers 

169 

112, 

county  commissioners,  salaries  and  expenses 

of    

476, 

523 

189, 

section  4,  Dover  police  force 

370 

223, 

Dover  street  and  park  commissioners 

990 

224, 

section  6,  Lisbon  village  district,  officers  of.  . 

989 

225, 

section  1,  Berlin,  salary  of  mayor 

384 

225, 

section  2,  Berlin,  salary  of  city  clerk 

897 

249, 

section  1,  Nashua  &  Hollis  Electric  Eailroad 

Co 

895 

295, 

Dover  Loan  and  Trust  Co.,  charter  of 

406 

307, 

Caledonia  Power  Co.,  charter  of 

377 

1905,  chapter       25, 

section  1,  taxation  of  boats,  etc 

57 

29, 

section  1,  insurance  brokers,  licensing  of .  . .  . 

705 

35, 

section  5,  state  highway  aid,  apportionment 

of    

489 

35, 

section  8,    highways     improved    from    joint 

fund,   how  maintained 

2.54 

1913]  GENERAL  INDEX.  1137 

Session  laws  amended,  etc. : 

1905,  chapter       35,  sect  ion    10,    annual   approi^riation,    for   what 

purposes  available 603 

35,  section  19,  highway  bonds,  issuance  of 545 

35,  section  20,  maintenance  of  trunk  lines 255 

38,  licensing  of  non-resident  hunters 95 

40,  sections  1-21,  taxation  of  collateral  legacies.  44-52 

41,  section  1,  lien  of  laborer  on  building 566 

43,  section  1,  bulky  articles,  attachment  of....  135 

49,  sale  of  liquor  regulated 18,  21,  118,  530 

50,  steamboats,  etc.,  inspection  and  license  of  675,  680,  745 
86,  motor  vehicles,  use  regulated 149 

107,  section  1,  salaries  and  expenses  of  judges.  . .  654 

108,  neglect  of  parent  to  support  minor  child 532 

150,  section  3,     Association     Canado-Americaine, 

dues    of . 854 

153,  section  2,    Keene    police    commissioners,    ap- 
pointment   of 360 

153,  section  3,  removal  of  commissioners 361 

153,  section  7,    reports    and    records    of    commis- 
sioners      361 

162,  section  2,  Wentworth  Hospital,  trustees  of.  .  861 

194,  Derry  Gas  Light  Co.,  charter  of 388 

200,  Monroe  Water  Power  Co.,  charter  of 388 

212,  section  30,  Somersworth  city  officers,  salaries 

of    968 

222,  section  1,  Woodstock  light  and  power  plant 

authorized    383 

222,  section  3,  appropriation  for  plant 383 

1907,  chapter       22,  county  commissioners,  salaries  and  expenses 

of    476,  523 

36,  section  8,  woodcock,  etc.,  protected 130 

36,  section  9,  shooting  of  beach  birds,  etc 56 

36,  section  10,  lake  trout,  etc.,  protection  of 495 

44,  bulky  articles,  attachment  of 135 

48,  section  4,  food  packages  misbranded,  when. .  753 

51,  section  1,  brook  trout,  protection  of 561 

55,  section  1,  certain  bonds  exempted  from  tax- 
ation    528 

64,  estates  in  remainder,  how  taxed 52 

68,  collateral  legacies,  etc.,  taxation  of 44 

76,  section  1,  gray  squirrels  protected 732 

81,  express  companies,  taxation   of 233 

85,  section  2,  pensions  to  firemen,  etc Ill 

88,  section  4,  Merrimack  county,  salary  of  dep- 

uty register  of  probate 67 

89,  insurance  agents   to   be   residents 65 

91,  sleeping,  dining,  and  parlor  cars,  taxation  of  233 

97,  section  3,  medical  referees,  number  of 241 

100,  express  charges,  how  regulated 206,  676 


1138 


GENEEAL   INDEX. 


[1913 


Session  laws  amended,  etc. : 

1907,  chapter     102,  section  2,   savings  banks,   taxation   of 256 

133,  expense  of  board,  etc.,  at  Industrial  School.  .  588 

137,  section  1,  form  of  fire-escapes  prescribed...  767 
140,  section  1,     uniform     allowance     to     militia 

officers    501 

142,  section  1,  barber  shops,  regulations  for....  486 
174,  section  1,  First  M.  E.  Church  of  Kochester, 

N.  H.,  endowment  fund  of 325 

289,  section  1,  Berlin  police,  salaries  of 883 

1909,  chapter       11,  section  6,    lobsters    protected 549 

32,  section  1,  lake  trout,  etc.,  protection  of 495 

34,  committals  to  Industrial  School 588 

60,  increased  stock  of  railroad,  how  sold 206,  676 

67,  allowances  to  masters  by  court 32 

75,  section  13,  report  of  state  auditor 480 

83,  county  commissioners,  salaries  and  expenses 

of    476,  523 

102,  section  8,  staff  of  governor 5 

102,  section  22,  disbursements  by  adjutant-general  765 
102,  section  27,  adjutant-general  to  furnish  funds 

to    paymasters 123 

102,  section  46,  emergency  purchases  for  militia.  766 

102,  section  52,  staff  departments  and  officers 123,  502 

102,  section  67,  non-commissioned  officers,  how  ap- 
pointed       123 

102,  section  73,  retired   list;    discharges   for   dis- 
ability      124 

102,  section  101,    damages    for    land    taken    for 

camp,  how  assessed 1 25 

102,  section  102,  appeal  from  such  assessment...  125 

102,  section  139,  uniform  allowance  to  officers.  .  .  763 

102,  section  143,  rent  of  armories  regulated 94 

102,  section  148,  pay  for  sundry  militia  services.      94,  125 

105,  section  1,  deer,  killing  regulated 537 

107,  section  1,  mileage  books  good  for  bearer.  .  . .  566 
109,  section  1,   Grafton   county,   allowance  to   so- 
licitor     13 

114,  section  1,   concealed   weapons,   carrying  pro- 
hibited      484 

118,  sale  of  liquor  regulated - 118 

121,  Grafton  county,  terms  of  superior  court....  77 

128,  sections  2-13,  forest  protection 213 

128,  section  2,  state  forester,  duties,  etc 696 

128,  section  6,  fire  districts  and. chiefs 697 

128,  section  15,  forest  fire  warden,  right  to  arrest  213 

128,  sections  17-20,  forest  protection 213 

130,  section    1,   burial   of  soldiers  and  sailors  by 

state   31 

135,  dogs  kept  for  breeding,  licensing  of 497 


1913]  GENERAL  INDEX, 


1139 


Session  laws  amended,  etc.: 

1909,  chapter     145,  section   1,  Xew  Hampshire  Horticultural  So- 
ciety, annual  appropriation  for 643 

147,  section  1,  state  tax  for  1910  and  1911 79 

151,  expense  of  board,  etc.,  at  Industrial  School.  .  588 

153,  section  2,  primary  law  not  applicable,  when.  505 

153,  section  5,  notice  of  primary  election 737 

153,  section  6,  declarations  of  candidacy,  form  of  737 

153,  section  7,  fees  to  be  paid  by  candidates 505 

153,  section  10,  party  registry  at  primary 752 

153,  section  14,  fees  for  recounts 5O6 

154,  motor  vehicles,  use  regulated 149 

155,  section  4,  East  Side,  West  Side,  and  Merri- 

mack Valley  roads 61 

156,  sale  of  liquor  regulated 21 

158,  section  1,  state  school  aid,  to  what  towns.  .  .  741 

158,  section  2,  state  school  aid,  apportionment  of.  741 

158,  section  5,  appropriation  for  common  schools.  236 

162,  section  2,  cocaine,  sale  regulated 10 

164,  section  1,  fire-escapes,  maintenance  of 53 

254,  section    3,    Littleton,    location    of    soldiers' 

monument    356 

254,  section  5,   repealing  clause 357 

266,  section  3,  Portsmouth  assessors,  salaries  of.  967 
291,  section  3,  Manchester  overseer  of  poor,  salary 

of    977 

291,  section  6,   Manchester   overseer  of  poor,   ac- 
counts of 333 

291,  section  7,     Manchester     overseer     of     poor, 

powers  of 353 

305,  section  40,  Concord  assessors,  meetings  of .  .  .  396 
305,  section  51,    Concord    mayor    and    aldermen, 

salaries    of 882 

320,  section  1,    certain    officers    of    Berlin,    how 

chosen     9O1 

1911,  chapter       11 ,  section  1,   pickerel    protected    in    Massabesic 

lake     535 

49,  section  1,  boats  and  launches,  taxation  of .  . .  488 

61,  insurance  brokers,  licensing  of 706 

65,  section  ] ,  horn  pout  protected 475 

72,  section  8,  Grafton  county,  jury  attendance  in  755 
87,  section  1,  insurance  companies  not  to  make 

certain   loans,    etc 563 

99,  section  2,  conviction   of  bribery  at  election, 

eflFeet    of 481 

118,  section  4,  Winnipesaukee  lake,  measuring  ap- 
paratus   at 728 

133,  section  1,    automobile    statute,    meaning    of 

terms    in 55I 


/ 


1140  GENERAL   INDEX.  [1913 

Session  laws  amended,  etc.: 

1911,  chapter     133,  section  3,  automobile,  operation  and  registra- 
tion by  non-resident 552 

133,  section  7,  brakes,  mufflers,  horns,  and  lights.  553 

133,  section  9,  operation  without  license,  when.  .  .  553 
133,  section  12,  management      in      proximity     to 

horses  554 

133,  section  26,  fees  for  registration,  license,  etc.  555 

152,  section  1,  lake  trout,  etc.,  protection  of 495 

155,  sentences  to  Industrial  School 588 

157,  liquor    not    to    be   sold    on    day    of   primary 

election     530 

162,  section  1,  minors,  prohibited  employment  of.  786 

162,  section  6,  daily  and  weekly  hours  regulated.  786 
164,  section  1,     public     service     commission     act, 

meaning  of  terms 662 

164,  section   2    (e),  public  service  commissioners, 

salaries  of 663 

164,  section  2   (f),  right  to  expend  money 664 

164,  section  2   (h),  commissioners,  disqualification 

of    664 

164,  section  2  (1),  compulsory  attendance  of  wit- 
nesses     664 

164,  section  6,  system  of  accoimts,  etc.,  for  public 

utilities 570 

164,  section  7  (b),  rates,  changes  in,  how  made.  .  665 
164,  section  7  (e),  electric  energy,  conveyance  out- 
side state 572 

164,  section  10  (b),  independent  investigations...  666 
164,  section  10   (c),  complaints  of  municipal  offi- 
cers, investigation  of 666 

164,  section  11  (a),  fixing  railroad  rates 667 

164,  section  11    (b),   reconstruction   of   railroads, 

etc 667 

164,  section  13,  approval  of  public  utilities,  etc.  .  .      669-671 

164,  section  14  (a),  stock  and  bond  issues 671 

164,  section  14   (c),  offer  of  new  stock  to  stock- 
holders     672 

164,  section  14  (d),  sale  of  new  stock  by  auction.  673 
164,  section  14  (e),  issue  of  stock  for  purchases.  .  673 
164,  section  15   (a),  railroad  accidents,  investiga- 
tion of 674 

164,  section  17,  orders  of  commission,  how  served  676,  680 

164,  section  20,  report  of  commission 676 

164,  section  21,  repealing  clause 676 

169,  section  8,  tax  commission,  powers  and  duties.  785 
178,  section  2,  exempted  land  in  Newbury  to  be 

valued  for  state  and  county  tax 492 

183,  Hall  of  Heroes  commission 751 

192,  section  1,  improved  highways,  maintenance  of  608 


1913]  GENERAL  INDEX.  1141 

Session  laws  amended,  etc.: 

1911,  chapter     198,  section  1,  labor   commissioner,    salary,   etc..  541 

198,  section  6  [5],  board  of  arbitration 746 

198,  section  6,  sworn  statements  as  to  dispute.  ..  747 

198,  section  7,  strikes  and  lockouts,  procedure...  747 

272,  section  1,     Baptist     Convention,     charter 

amended     

321,  section  7,   Antrim   electric  plant,   appropria- 
tions  for 990 

321,  section  8,  Antrim  electric  plant,  adoption  of 

act 990 

347,  Manchester  city  officers,  salaries  of 915 

1913,  chapter         2,  county  commissioners,  salaries  and  expenses  of  523,  645 
61    section  1,  pike,  etc.,  protection  in  Connecticut 

river    ••  647 

81,  section   6,   automobiles,   etc.,   fees   for   regis- 
tration  of "^29 

320,  section  2,  Pine  Park  Ass'n,  management  of.  940 

3.53,  Israel's     Eiver     Improvement     Co.,     charter 

rights    limited 928 

381,  section  8,  Guaranty  Trust  Co.,  charter  of 942 

Sewage,  state  board  of  health  to  approve  plans  for  discharge  of 760 

Shadow    lake 

Shadwaiters,  protection   in  Winnipesaukee,  Winuisquam,  and  Paugus 

lakes 16«'4^5 

164 
Sheldrakes   protected 

Shepard,  Charles  E.,  appropriation  in  fa\or  of 839 

Sheriffs,  criminal  jurisdiction  enlarged 168 

Shooting  of  human  being  through  hunter's  negligence,  penalty 234 

282 
Sias,  Newell  P.,  appropriation  in  favor  of 

Skunk  protected;  landowner  may  kill  on  his  premises 238 

Slash,  disposal  by  lumber  operators  regulated 690 

.  2^9 

Sleeping  car  companies,  taxation  of 

Smiley,  Eobert  L.,  appropriation  in  favor  of  widow 803 

Smith,  Ai,  land  severed  from  Boscawen  and  annexed  to  Canterbury.  .  394 

Smith,  John  T.,  appropriation  in  favor  of 838 

Smith,  Maurice  P.,  appropriation  in  favor  of 302 

Smith  Premier  Typewriter  Co.,  appropriation  in  favor  of 302 

Smith's  bookstore,  appropriation  in  favor  of 

Snow,  Clifford  L.,  appropriation  in  favor  of 

Society  for  Protection  of  New  Hampshire  Forests,  certain  lands  ex- 
empted     from 

.       taxation 239,  492 

524,  597 
certain  legacy  ex- 
empted     from 

taxation 597 

Soldiers  and  sailors,  appropriation  for  burial  of 

burial  expense  paid  by  state,  when 31 


1142                                                     GENERAL   INDEX.  [1913 

Somersworth,  city  auditor,  salary  of 968 

clerk  of  assessors,  salary  of 967 

establishment  of  light  and  power  plant  authorized....  358 

homestead  of  Louis  Guilmette  annexed  to 400 

issue  of  refunding  bonds  authorized 967 

police  commissioners,   appointment   of 906 

taking  of  Cole's  or  Lilly  pond  authorized 847 

Souhegan  Tribe  No.  49,  Improved    Order    of    Eed    Men,    of    Wilton, 

N.  H.,  charter  of 881 

South  Carolina  bonds,  suit  for  collection  authorized 813 

Southern  New  Hampshire  Development  and  Power  Co.,  charter  of .  .  .  .  411 

South  Side  road  provided  for 694-696 

Spanish  War  Veterans,  towns  may  entrust  Memorial  Day  expenditures 

to   533 

Spark  arresters  to  be  used  on  locomotives 688 

on  portable  mills 99 

Spreadby,  David,  appro])riation    in   favor  of 279 

Stanley,  Charles  M.,  appropriation  in  favor  of 839 

State  auditor,  appropriations    for    department 207,  263,  507,  518 

report  to  show  unexpended  appropriations 480 

State  board  of  agriculture,  appropriations  for  department.  .23  0,  266,  509,  521 
board  abolished;  commissioner  of  agricul- 
ture to  perform  duties 704 

transfer   of   appropriations 705 

State  board  of  cattle  commissioners: 

appropriations  for   department 210,  266,  509,  521 

board  abolished;    deputy  commissioner  of  agriculture  to  perform 

duties    704 

transfer  of  appropriations 705 

State  board  of  charities  and  correction:  ' 

appropriations  for   department 209,  265,  509,  520 

may  assume  control  of  infants,  when 152 

salaries  of  secretary  and  clerk 234 

powers  and  duties  with  respect  to  adoi)tion  of  infants 152 

blind    606 

boarding-houses  for  infants.  .  150 
children     released     or     inden- 
tured by  Industrial  School.  587 
free  beds  for  consumptives.  .  290 

indigent  consumptives 826 

infants  in  care  of  strangers.  .  151 
inspection  of  state  and  county 

institutions 479 

lying-in    hospitals 102,  103 

State  board  of  health: 

appropriations  for  department 210,  266,  510,  521 

seal  provided  for 498 

powers  and  duties  with  respect  to  cases  of  tuberculosis 9,  10 

common    drinking-cups 6 


1913]  GENERAL  INDEX.  1143 

State  board  of  health: 

powers  and  duties  with  respect  to  communicable  diseases  in  unin- 
corporated places 18 

construction  or  enlargement  of 

water  systems 760 

discharge     of     sewage     into 

streams,    etc 760 

factories  employing  children.  . .  177 

medical  inspection  of  schools .  .  559 

opthalmia  of  new-born 128 

production  and  sale  of  certified 

and  inspected  milk 112 

report  of  occuiJational  diseases.  607 

tuberculosis   bulletins 488 

unsanitary   food   production...  16 
State  board  of  license  commissioners  abolished;  new  board  created.  .  .  777 
State    board    of    registration    in    dentistry,    appropriations    for    de- 
partment   211,  267,  510,  521 

name  changed  to  New  Hampshire  state  dental  board 656 

State  departments,  etc.,  to  pay  receipts  to  state  treasurer 687 

State  employees,  salaried,  to  be  paid  monthly 754 

not  under  salary,  wages  payable  biweekly 504 

State  flags,  purchase  for  state  house  authorized 245 

State  highways.     See  Highways,  permanent  improvement  of. 

State  historian,  appropriations   for  department 212,  269,  511,  522 

State  house,  appointment  of  superintendent,  etc 90 

appropriations  for   department 207,  264,  277,  507,  519 

improvements 818 

improvements  in  yard 816 

publication  of  proceedings  at  dedication  provided  for...  274 

State  lands,  etc.,  in  Crawford  Notch,  sale  authorized 759 

State  library,  appropriations   for    department 209,  265,  277,  508,  520 

library  bulletin 834 

disposition  of  state  publications  by 59 

legislative  reference  bureau  provided  for 761 

State  liquor  agent,  office  abolished 777 

State  officers  may  charge  expense  of  trips  outside  state,  when 544 

to  pay  certain  receipts  to  state  treasurer 687 

State  prison,  appropriations   for   department 210,  266,  277,  509,  520 

payment  of  earnings  to  convict  or  relatives,  when 736 

State  publications,  surplus,   how   disposed   of 59 

to  be  sent  to  free  public  libraries 526 

transfer  of,  to  public  libraries,  by  towns 526 

State  reformatory,  committee  to  investigate  plan  provided  for 287 

State  tax,  apportionment  of 37-43,  575-581 

for  1911 78 

for  19]2  and  1913 237 

for  1913 603 

for  1914  and  1915 740 


1144                                                 GENERAL   INDEX.  [1913 

State  treasurer,  appropriations   for   department 207,  263,  507,  518 

expense  of  administration  .on  petition  of,  how  paid.  .  .  758 

receipts  of  state  departments,  etc.,  payable  to 687 

to  hold  trust  fund  for  Soldiers'  Home 58 

to  issue  highway  bonds 695 

Industrial  School  bonds 253 

State  Hospital  bonds 249 

State  Normal  School  bonds 710,  811 

to  receive  insurance  company  deposits 135 

Steamboat  inspection,  appropriations    for    department 211,  267,  510,  521 

disposition  of  sums  received 745 

fees  for  certificates  of  inspection 744 

to  captains,  etc 745 

inspector,  appointment,  duties,  salary,  etc 743 

operation  of  uncertified  boat,  penalty 744 

by  uncertified  captain,  etc.,  penalty.  744 
powers  and  duties  of  public  service  commis- 
sion     675,  676,  743 

rules  and  regulations  to  be  prescribed 743 

Steele  pond,  ice-fishing  prohibited  in 495 

Stenographers'  fees,  allowance  of  by  superior  court 33 

Stevens,  Eaymond  B.,  appropriation  in  favor  of 835 

Stewart,  J.  M.  &  Sons,  appropriation  in  favor  of 303 

Stewartstown,   exemption   of   hotel   property   from  local   taxation   au- 
thorized       332 

Stoddard,  election  proceedings  legalized 323 

Strafford   Bank,   charter   amended    and    extended ;    name   changed    to 

Strafford  Trust  Co 405 

Strafford  county,  deposit  of  county  funds  regulated 589 

joint  action  as  to  Piscataqua  river  toll  bridges  au- 
thorized       649 

salary  of  solicitor 93 

treasurer  589 

Stratford,  conveyance  of  certain  real  estate  authorized 408 

Street,  lane,  etc.,  discharged  of  servitude  after  twenty  years'  disuse.  .  610 

Street  railways,  contracts  for  sprinkling  streets  authorised 36 

mergers  with  foreign  connecting  lines  authorized 97 

use  of  high-power  lights  regulated 565 

Streets,  naming  and  marking  of 82 

sprinkling  of,  street  railways  may  contract  for 36 

Strike  investigating  committee,  appropriation  for 839 

Subcontractor's  lien,  notice  of,  when  to  be  given 118 

Success  pond,  appropriation  for  screening 293 

Sugar  Loaf  road,  appropriation  for 816 

Sullivan  county,  salary  of  sheriff 644 

Sull'van  Countv  Railroad,  construction  of  connecting  line  authorized.  .  948 

Sullivan,  Dennis,  appropriation  in  favor  of 839 

Sunapee  lake,  appropriation  for  buoys,  lights,  etc 297 

use  of  fishing-buoys  regulated 114 

Suncook  pond,  appropriation  for  screening 292 


1913]                    GENERAL  INDEX.  1145 

Suncook  Valley  Eailroad,  extension  to  ^Manchester  authorized 934 

Superintendent  of  public  instruction: 

appointment,    salary,    etc 683 

deputies,  appointment,   duties,  etc 683,  684 

may  issue  certificate  to  experienced  teacher 175 

powers  and  duties  with  respect  to  child  labor 177,  179 

regulation  of  school  attendance  157 
contracts  between  districts  and 

academies   156 

Superior  court,  allowance  of  stenographers'  fees  by 33 

appointment  of  receivers,  issuance  of  injunctions,  etc.  32 
appropriations   for    department.  .  .208,  264,  508,  519,  686,  835 

jurisdiction  in  abatement  of  taxes 540 

may  permit  additional  attachments 54 

salaries  and  expenses  of  justices 654 

terms  for  Grafton  county 78 

to  appoint  county  auditors 641 

to  fill  vacancies  in  county  offices 642 

to  prescribe  form  of  printed  writs 524 

Supervision  of  penal  institutions,  committee  provided  for 289 

Supervisor  of  checklist  not  to  be  moderator,  clerk,  or  ballot  inspector.  131 
Supreme  court,  appropriations  for  department.208,  264,  277,  507,  519,  686,  835 

justices  may  sit  in  superior  court 654 

may  restore  privileges  after  conviction   of  bribery  at 

election    481 

after  conviction  of  treason  or 

misprision    477 

orders  of,  when  certified  to  superior  court 95 

salaries  and  expenses  of  justices 654 

to  appoint  tax  commission 226 

Surety  company,  investment  of  funds  regulated 530 

liability  on  single  bond  limitel 529 

Swain,  C.  II.  &  Co.,  appropriations  in  favor  of 303,  840 

Tax  abatement,  petition  for,  when  to  be  filed 540 

superior  court  has  jurisdiction  in 540 

Taxation  of  boats  and  launches 57,  487 

collateral  legacies  and  successions 44-52 

dining,  sleeping,  and  parlor  car  companies 229 

express    companies 229 

factory  insurance  companies 564 

fowls   487 

horses,  asses,  mules,  and  neat  stock 503 

land  held  for  water  supply  in  another  town 36 

male    polls 557 

mines  or  ores  owned  independently  of  land 79 

railroad  companies 229 

real  estate  of  railroads 233 

savings    banks 256 

telegraph  and  telephone  companies 229 


1146  generaij  index.  [1913 

Taxation  of  vehicles    487 

wood,  lumber,  etc 59,  84 

Tax  commission,  act  creating 225-233 

annual  statements  to,  by  certain  corporations 231 

appointment  and  terms  of  office 226 

appropriations  for   department 207,  263,  508,  520 

attendance  of  witnesses  before 229 

decisions  and  rehearings  thereon;  right  of  appeal.  .  .  .  232 

determination  of  value  of  corporate  property 230 

duties  and  powers  of 227,  228 

may  reassess  if  municipal  officers  refuse 785 

petitions  for  abatement  referred  to 228 

report  of,  what  to  contain 232 

salaries  and  clerical  expenses  of 227 

Tax  exemptions : 

Army  and  Navy  Ass'n  of  Portsmouth,  real  estate  of 395 

Balch   Hospital 323 

bonds  of  school  district  held  by  residents 528 

state,  counties,  municipalities,  etc 602 

Chase  Home  for  Children 930 

Daniel  Webster  birthplace 875 

Franklin  Armory  Ass  'n 876 

Good  Will  Institute 929 

highway  bonds  held  by  residents 242 

Industrial   School  bonds 254 

Infant  Asylum  of  Our  Lady  of  Perpetual  Help 931 

Invalids '    Home,    Keene 385 

L'Hopital  Notre  Dame  de  Lourdes  de  Manchester,  N.  H 933 

loans  on  New  Hampshire  realty  at  five  per  cent,  or  less 86 

Memorial   Hospital,   North  Conway 373 

money  loaned  to  school  district  by  residents 531 

New  Hampshire  Settlement  Ass'n 927 

Orphans '  Home  of  Concord 943 

Pembroke    water -works 971 

Pine   Park   Ass  'n 877 

property  of  educational,  charitable,  and  religious  institutions  and 

of  temperance  societies 604 

Society  for  Protection  of  New  Hampshire  Forests,  land  in  New- 
bury   492 

land  in  Tam- 

worth 524 

land  in  Wood- 
stock   597 

legacy     from 
C  a  r  oline 

Martin 597 

state  highway  bonds 695 

State  Normal  School  bonds 710,  812 

State  Hospital  bonds 250 

Young  Men's  Christian  Ass'n  of  Berlin 933 


1913]  GENERAL  INDEX.  1147 

Tax  exemptions: 

Young  Men's  Christian  Ass'n  of  Manchester 350 

Young  Men's  Christian  Ass'n  of  Nashua 362 

Y'ouug  Men's  Christian  Ass'n  of  Portsmouth 358 

Tax  inventory  blanks,  form  prescribed 768 

Tax  litigation  of  railroads,  compromise  authorized 288 

Taxes  of  non-residents,  lien  for 35 

Tax  on  incomes,  constitutional  amendment  ratified 802 

Tax  sale,  notice  to  non-resident  mortgagee;  fees 731 

Telegraph  and  telephone  companies,  taxation  of 229 

Telegraph  Publishing  Co.,  appropriation  in  favor  of 302 

Temperance  societies,  property  exempted  from  taxation 604 

Theatres,  etc.,  not  to  discriminate  against  persons  in  United  States  or 

state    uniforms .' 159 

Thompson  &  Hoague,  appropriations  in  favor  of 302,  840 

Thurston,  David  M.,  appropriation  in  favor  of 280 

Tilton,  amount  due  for  high-school  tuition,  how  determined 154 

equalized  valuation  per  pupil  of  average  attendance,  hovf  de- 
termined     154 

state   aid   to   town   school   district   and   union   school   district, 

when    payable .  155 

Timber,  towns  may  purchase  land  for  growing  of 497 

Tolford,  George  G.,  appropriation  in  favor  of 836 

Toll  bridges,  method  of  freeing  f)rovided 648 

on  Piscataqua  river,  joint  action  authorized 649 

Towns,  acquisition  and  maintenance  of  lighting  systems  by 770-775 

aid  to  visiting  or  district  nurse  associations 533 

biennial  elections  in,  hours  for  holding 11 

guide-boards,  maintenance  and  marking  of 733 

may  appropriate  money  for  public  playgrounds 163 

may  appropriate  $800  annually  for  band  concerts 84 

may  contract  with  street  railways  for  sprinkling  streets 36 

may    entrust    Memorial    Day    expenditure    to   ^Spanish    War 

Veterans   533 

may  instruct  selectmen  to  appoint  highway  agent 485 

may  make  excess  appropriation  for  highway  improvement 489 

may  purchase  lands  for  growing  of  timber 497 

may  transfer  state  publications  to  public  libraries 526 

not  liable  for  damage  on  highway  if  load  excessive 491 

•  records  of,  investigation  provided  for 282 

copying  and  indexing  provided  for 646 

streets  in,  naming  and  marking  of f52 

to  make  side  openings  in  existing  covered  bridges 20 

trial  justices  for,   appointment  and  jurisdiction 90 

Traps,  destruction  of,  etc.,  how  punished 129 

neglect  to  visit,  how  punished 129 

Treason,  restoration  of  privileges  after  conviction 477 

Trial  justices  for  towns,  appointment  and  jurisdiction  of 90 

Trout,  protection  in  Pleasant  pond,  New  London 115 

Troy  "Water  and  Improvement  Co.,  charter  revived  and  amended 353,  959 

44 


1148  GENERAL   INDEX.  [1913 

True,  Keuben  C,  appropriation  in  favor  of 838 

Trust  companies,  etc.,  conduct  of  business  regulated 126 

Trustee  suit,  costs  limited  if  settlement  made  or  tendered 536 

service  upon  foreign  corporation,  how  made 749 

Tuberculosis,  appropriations  for  free  beds  for  patients 290,  826 

bulletins  concerning,  how  prepared  and  distributed....  488 

registration  of  cases,  etc 9 

Tuftonboro  school  district,  meeting  legalized 973 

Turners'  Relief  Society,  of  Manchester,  N.  H.,  charter  of 878 

Underwood  Typewriter  Co.,  appropriation  in  favor  of 840 

Unincorporated  places,  control  of  communicable  diseases  in 3  8 

Union  Guaranty  Savings  Bank,  charter  amended;  change  of  name  au- 
thorized       403 

Union  Manufacturing  Co.,  charter  amended 957 

Union  Surety  Co.,  charter  of 903 

Union  Trust  Co.,  consolidation  with  Concord  Trust  Co.  authorized.  .  .  .  969 

Unitarian  Educational  Society,  charter  amended 356 

United  Life  and  Accident  Insurance  Co.,  charter  of 888 

United   States   condemnation  proceedings  by,  what   deemed  sufficient 

notice    755 

United  States  senators,  nomination  and  election  of 569 

constitutional     amendment     as     to      election 

ratified  801 

United  States  service,  person  wearing  uniform  not  to  be  discriminated 

against    159 

Upper  Beech  pond,  name  changed  to  Alpine  lake 485 

Vehicles,  taxation  of 487 

to  have  lights  on  public  highways,  when 590 

Vermont  boundary  commission  provided  for 814 

Village  districts,  boundaries  of,  how  established 8 

commissioners  may  be  chosen  for  varying  terms.  ...  12 

Visiting  nurse  associations,  towns  may  aid 533 

Vital  statistics,  neglect  of  duty  concerning,  how  punished 504 

Voter  moving  to  another  town  may  save  right  to  vote 239 

Voting  machines,  examination  and  use  provided  for 787-791 

Wages  to  be  paid  in  cash 81 

Waite,  Clayton  T.,  appropriations  in  favor  of 302,  804 

Walch,  A.  Francis,  appropriation  in  favor  of 839 

Waldron,  George  D.,  appropriation  in  favor  of  estate 835 

Walpole,  appropriation  in  favor  of 296 

Walpole  &  Alstead  Street  Railway  Co.,  charter  of 363 

Walton,  Donald  S.,  appropriation  in  favor  of ^39 

Ward  clerks,  how  nominated  at  primaries 505 

Ward,  Walter  J.  A.,  appropriations  in  favor  of 302,  804 

Warren,  appropriation  for  150th  anniversary  authorized 898 

Warren,  Frank  F.,  appropriation  in  favor  of 302 

Waterman,  Thomas  P.,  appropriation  in  favor  of 838 


1913]  GENERAL  INDEX.  1149 

Water-power  company,  forfeiture  of  charter  for  non-use 600 

Water  supply,  land  in  another  town  held  for,  taxation  of 36 

state  board  of  health  to  approve  plans  for 760 

Waterville  in  police  court  district  of  Plymouth 754 

Weare,  contribution  toward  expense  of  dam  authorized 401 

Webster,  Daniel,  appropriation  for  restoration  of  birthplace 829 

birthplace  exempted  from  taxation 875 

Webster  lake,  appropriation  for  screening 288 

Weeks,  Nathan  O.,  appropriation  in  favor  of 275 

Weights,  measures,  etc. : 

giving  false  weight  or  measure,  how  punished 101 

sealer 's  right  to  enter  to  make  tests 93 

seizure  of  scales,  etc.,  as  evidence 93 

standards  established  for  certain  commodities 101 

use  of  scales,  etc.,  if  condemned  or  use  forbidden,  penalty 92 

Weiss,  John  Pox,  appropriation  in  favor  of 813 

Wells,  Walter  B.,  appropriations  in  favor  of 302,  804 

Wentworth  Hospital,  annual  organization  of  trustees 861 

West  Concord  Lighting  Precinct,  corporation  created 368 

West  Side  road,  appropriation  for 696 

Whitefield,  issue  of  bonds  authorized 884 

Whitefield  high  school  district  No.  3,  enlargement  of  schoolhouse  lot 

authorized 396 

White  Horse  ledge,  forestry  commission  to  have  care  of 482 

Whithed,  Solon  S.,  approi^riation  in  favor  of 302 

Will,  witness  cannot  take  under  unless  three  others  are  witnesses 7 

Wilmot,  action  of  school  district  ratified 394 

Wilson,  Paul  K.,  appropriation  in  favor  of 839 

Wilson  road,  appropriation  for 809 

Winnepauket  lake,  fishing  regulated 655 

Winnipesaukec  lake,  appropriation  for  lights  at  outlet 833 

lights  opposite  Melvin  Village.  817 

gauging  station  provided  for ' 728 

use  of  water  by  dams,  etc.,  regulated 121 

Winnipesaukee  river,  regulation  of  fishing  in  bays,  etc.,  supplied  by.  .  66 

Wolfeboro  village  fire  precinct  may  furnish  electric  light  and  power.  .  .  874 

Women,  hours  of  labor  regulated 590 V"  ^    ) 

Wood,  lumber,  etc.,  when  and  how  taxed  as  stock  in  trade 84 

where  and  to  whom  taxed 59 

Wood  alcohol,  sale  of  food  or  drink  containing  prohibited 17 

to  be  labeled  when  sold 17 

Woodcock  protected 130 

Wood  duck  protected 74 

Woodstock,  establishment  of  light  and  power  plant  authorized 383 

Woodstock  &  Thornton  Gore  Eailroad,  charter  amended 962 

Woodsville  fire  district,  powers  of  commissioners 872 

Wooster,  George  A.,  homestead  severed  from  Concord  town  school  dis- 
trict and  annexed  to  union  school  district 847 

Workmen's  compensation   act 181-186 

Workingmen  's  Eelief  Society  of  Manchester,  N.  H.,  charter  of 879 


1150                                                    GENERAL   INDEX.  [1913 

Wrinkles,   taking   restricted 759 

Writs,  bow  served  upon  certain  purchasers  of  dairy  products 780,  781 

foreign  corporations 748,  749 

if  served  by  arrest,  defendant  to  be  given  copy 22 

superior  court  to  prescribe  printed  form 524 

what  sufficient  publication  if  original  on  file 7 

Young,  Harrie  M.,  appropriations  in  favor  of 302,  839 

Young  Men's  Christian  Ass'n  of  Berlin,  charter  of;   exempted  from 

taxation    932,  933 

Younk  Men's  Christian  Ass'n  of  Manchester  exempted  from  taxation.  350 

Young  Men's  Christian  Ass'n  of  Nashua  exempted  from  taxation.  .  . .  362 

Young  Men's  Christian  Ass'n  of  Portsmouth  exempted  from  taxation.  358