LAWS
OF THE
STATE OP NEW HAMPSHIRE
PASSED JANUAP: SESSION, lvi3.
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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