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

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. '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 t