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


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LAWS 



OF THE 



STATE DF NEW HAMPSHIRE 



PASSED JANUARY SESSION, 1917 



LEGISLATURE CONVENED JANUARY 3, ADJOURNED APRIL 19, 1917 




CONCORD, N. H. 
1917 



'■ 1 "^ b 



Printed by Evans Printing Co., Concord. 
Bound by The Cragg Bindery, Concord. 



STATE OFFICERS. 



Governor Henry W. Keyes. 

r Miles W. Gray, 

I Charles W. Varney, 

Councilors -l Moise Verrette, 

I William D. Swart, 

(^ Edward H. Carroll.* 

Adjutant-General Charles W. Howard. 

Agriculture, Commissioner of Andrew L. Felker. 

Arhitration and Conciliation, State !^ *. rr, ' 

' { George A. Tenney, 

Board of ,,. , , „ ^ „ 

' \^ Michael F. Connelly. 

r James 0. Lyford, 
Bank Commissioners, Board of ... . J Frederic S. Nutting, 

[ Guy H. Cutter. 

Charities and Correction, Secretary 

of State Board of William J. Ahern. 

r Dwight Hall, 
Excise Commissioners, Board of . . . < Frank R. Ordway, 

1^ Robert Jackson. 

Fish and Game Commissioner George A. Mclntire, 

Forester, State Edgar C. Hirst. 

^ Jason E. Tolles, 

Forestry Com/mission ^ George B. Leighton, 

I W. Robinson Brown. 

Health, Secretary of State Board of . . . .Irving A. Watson. 

Highway Commissioner Frederic E. Everett. 

r Benjamin W. Couch, 

Institutions, Board of Trustees of \ ^ ^ ^ \^ , ' 
a. . -l Edgar J. Knowlton, 

Marcel Theriault, 

John G. M. Glessner. 

Insurance Commissioner Robert J. Merrill. 

Labor Commissioner John S. B. Davie. 

Librarian, State Arthur H. Chase. 

Motor Vehicles, Commissioner of Olin H. Chase. 

* Deceased. 



440 State Officers. 

PuhUc Instruction, Superintendent of. . Henry C. Morrison. 

[' George H. Whiteher, 

Deputies -l Harriet L. Huntress, 

1^ Ernest L. Butterfield. 

f Edward C. Niles, 
Public Service Commission -l Thomas W. D. Worthen, 



"William T. Grunnison. 

Purchasing Agent Horatio K. Libbey. 

Secretary of State Edwin C. Bean. 

Deputy Hobart Pillsbury. 

^ Albert O. Brown, 

Tax Commission, State -I John T. Amey, 

[ William B. Fellows. 

Treasurer John Wesley Plummer. 

Deputy Henry M. Short. 

Weights and Measures, Commis- 
sioner of Harold A. Webster. 



SUPREME COURT. 

Chief Justice Frank N. Parsons. 

C Reuben E. Walker, 

^ . , T ,. Jolin E. Younff, 

Associate Justices J ^ , ^ ^ * 

j Kobert J. Peaslee, 

[^ William A. Plummer. 

Attorney-General James P. Tuttle. 

Assistant Joseph S. Matthews. 

Laiv Reporter Crawford D. Henning. 

Clerk of the Supreme Court Arthur H. Chase. 



SUPERIOR COURT. 

Chief Justice Robert N. Chamberlin. 



Associate Justices . 



Jolm Kivel, 
Oliver W. Branch, 
William H. Sawyer, 
John E. Allen. 



The Legislature of 1917. 



441 



THE LEGISLATURE OF 1917. 



SENATE. 



President. — Jesse M. Barton, Newport, r. 

Clerk. — Earle C. Gordon, Canaan, r. 

Assistant Cleric. — Thomas P. Cheney, 2d., Ashland, r. 

Sergeant-at-Arms. — William H. Knox, Madbury, r. 

Messenger. — Bernard B. Chase, Plymouth, r. 

Doorkeeper. — Clarence S. Forsaith, Manchester, r. 



SENATORS. 



Daniel J. Daley, Berlin, d. 
Wilbur A. Marshall, Colebrook, d. 
Alfred Stanley, Plymouth, r. 
Nathan O. Weeks, Wakefield, r. 
Joseph B. Perley, Enfield, r. 
Fred S. Roberts, Laeonia, r. 
Obe G. Morrison, Northfield, r. 
Jesse M. Barton, Newport, r. 
StUlman H. Baker, Hillsborough, r. 
Forrest W. Hall, Westmoreland, r. 
Charles W. Fletcher, Rindge, r. 
Willis C. Hardy, HoUis, r. 



Marcel Theriault, Nashua, r. 
Fred M. Pettengill, Pembroke, d. 
Nathaniel E. Martin, Concord, d. 
William H. Maxwell, Manchester, r. 
Fred O. Parnell, Manchester, r. 
Michael F. Shea, Manchester, d. 
Cyprien J. Belanger, Manchester, d. 
John H. Bates, Rochester, d. 
George Ira Leighton, Dover, r. 
Daniel M. Boyd, Londonderry, r. 
Clarence M. Collins, Danville, r. 
Calvin Page, Portsmouth, d. 



HOUSE OF REPRESENTATIVES. 

Speaker. — Arthur P. Morrill, Concord, r. 
Clerk. — Harrie M. Young, Manchester, r. 
Assistant Clerk. — Bernard W. Carey, Newport, r. 
Sergeant-at-Arms. — Walter J. A. Ward, Hillsborough, r. 
Chaplain. — Rev. Chellis V. Smith, Plaistow, r. 
Doorkeeper. — George Lawrence, Manchester, r. 
Doorkeeper. — Guy S. Neal, Acworth, r. 
Doorkeeper. — Harry J. A. Robinson, Dover, r. 
Doorkeeper. — William W. Pike, Northumberland, r. 



ROCKINGHAM COUNTY. 



Atkinson, Herbert N. Sawyer, r. 
Auhurn, WUlard H. Griffin, d. 
Brentwood, Burton L. Smith, r. 
Candia, Benjamin F. Lang, d. 
Chester, George E. Gillingham, r. 
Deer-field, Joseph W. Sanborn,* r. 
Derry, Warren P. Home, d. 

Myron Richardson, d. 

Benjamin F. Stackhouse, d. 

Henry T. Wheeler, d. 
East Kingston, Frank B. Tilton, d. 



Epping, George A. Gilmore, d. 
Exeter, Samuel K. Bell, r. 

Luke Leighton, r. 

Edward E. Nowell, r. 

Richard E. Shute, r. 
Fremont, Joseph P. Bassett, r. 
Greenland, Edward W. Holmes, r. 
Hampstead, Albion D. Emerson, r. 
Hampton, Edwin L. Batchelder, d. 
Ham/pton Falls, WiUiam E. Walton, r. 
Kensington, Herman E. Brown, d. 



Deceased. 



442 



The Legislature of 1917. 



Rockingham County. — Continued. 
Kingston, Prank W. Parker, r. 
Londonderry, Eugene O. Greeley, r. 
Newcastle, James W. Pridham, d. 
NewmarTcet, George M. Mathes, d. 

Albert F. Priest, d. 

Arthur L. Turcotte, d. 
Newton, Hayford Battles, r. 
North Hampton, Alfred L. Marston, d. 
Northwood, John G. Towle, r. 
Nottingham, Arthur W. McDaniel, r. 
Plaistoio, Fred P. Hill, r. 
Portsmouth, 

Ward 1, George H. Sanderson, r. 
Lewis Soule, d. 



Ward 2, John H. Bartlett, r. 
John Pender, r. 
George A. Wood, r. 
Ward 3, Daniel W. Badger, d. 

William Casey, d. 
Ward 4, Edward S. Downs, r. 
Ward 5, Ealph C. Dickey, r. 
Eaymond, George E. Dodge, d. 
Bye, Joseph W. Berry, r. 
Salem, Walter P. Haigh, r. 

Fred C. Buxton, r. 
Sandown, George W. Dimmoek, d. 
Seabroolc, Lucien Wilbur Foote, d. 
Stratham, Joseph G. Barnard, d. 
Windham, Rufus H. Bailey, r. 



STRAFFORD COUNTY. 



Barrington, Frank McDaniel, r. 
Dover, 

Ward 1, Charles E. Wendell, r. 
Martin P. Bennett, r. 
Ward 2, Eugene B. Foss, r. 
Eugene Smart, r. 
John McFadyen, r. 
Ward S, Edwin M. Carr, r. 
Edward Reilly, r. 
Ward 4, Fred L. Morang, r. 
James Marshall, r. 
David C. Mcintosh, r. 
Ward 5, John H. Wesley, d. 
Durham, Fred E. Davis, d. 
Farmington, Edwin H. Thomas, r. 

James W. Ham, r. 
Lee, Frank J. Davis, r. 
Madhury, Albert D. Emerson, d. 
Milton, Moses G. Chamberlain, r. 



Rochester, 

Ward 1, Wilbur F. Cole, r. 
Ward 2, Edward L. Tebbetts, d. 
Ward 3, Harry L. Meader, r. 
Ward 4, Alcide BUodeau, r. 

Edward P. Maxfield, r. 
Ward 5, Luther B. Sampson, r. 
Ward 6, Roy C. Home, r. 

John M. Hubbard, r. 
Rollinsford, Cornelius E. Murphy, d. 

James F. PhUpott, d. 
Somersworth, 

Ward 1, Archie L. Jacques, d. 
Ward 2, John F. Lucey, d. 
Ward 3, Laurent J. Gaudreau, d. 
Ward 4, John J. McCarthy, d. 

William Perron, d. 
Ward 5, Peter M. Gagne, d. 
Straford, John W. Cater, r. 



BELKNAP COUNTY. 



Alton, William Rockwell Clough, r. 
Barnstead, George J. Whitney, r. 
Belmont, Jason H. Cotton, d. 
Center Harhor, Leonard B. Morrill, r. 
Gilford, Orman M. Sanborn, r. 
Gilmanton, Royal L. Page, r. 
Laconia, 

Ward 1, John T. Dodge, d. 

Ward 2, William B. Johnson, r. 
Arthur W. Spring, r. 

Ward S, Thomas H. Lowe, r. 



Ward 4, Edwin H. Shannon, r. 

William F. Seaverns, r. 
Ward 5, Frank E. Pearson, r. 
Archie B. Sanborn, r. 
Ward 6, George B. Munsey, r. 
Simon A. Whitten, r. 
Meredith, Dudley Leavitt, r. 
New Hampton, Guy B. Torsey, d. 
Sanbornton, Robert M. Wright, r. 
Tilton, Herman Page, d. 

Charles E. Tilton, d. 



The Legislature of 1917. 



443 



CAEROLL COUNTY. 



Bartlett, Austin L. Stillings, d. 
Conway, Albert S. Pollard, r. 

Charles E. Poole, r. 

William R. Carter, d. 
Eaton, Fred E. White, r. 
Effingham, Edwin F. Leavitt, r. 
Freedom, Arthur P. Merrow, d. 
Jackson, Harry A. Thompson, r. 
Madison, Samuel J. Gilman, r. 

r 



Moultonborough, James E. French, r. 
Ossipee, Ervin W. Hodsdon, r. 
Sandwich, Harry Blanchard, d. 
Tamworth, Charles C. Smith, d. 
Tuftonhoro, Willie W. Thomas, d. 
Wakefield, William N. Rogers, d. 
Wolfeboro, John Frank Goodwin, r. 
Henry F. Libby, r. 



MERRIMACK COUNTY. 



Allenstown, Fred S. Eastman, r. 
Andover, George E. Eastman, d. 
Boscawen, Guy H. Hubbard, r. 
Bow, Fred H. Clough, d. 
Bradford, Hugh Corrigan, d. 
Canterbury, Leroy A. Glines, r. 
Chichester, Marshall S. Sanborn, r. 
Concord, 

Ward 1, Lawrence J. Keenan, d. 

William F. Hoyt, d. 
Ward 2, Frank P. Curtis, d. 
Ward 3, Robert C. Murchie, d. 
Ward 4, Ira Leon Evans, r. 

Herbert H. Wright, r. 
Eugene W. Leach, r. 
Ward 5, Benjamin W. Couch, r. 

Arthur P. Morrill, r. 
Ward 6, Arthur E. Dole, r. 

Clarence L. Clark, d. 
Fred B. Taylor, d. 
Ward 7, John G. Winant, r. 
Walter H. Beane, r. 
Julius Percy Holbrook, r. 
Ward 8, WiUiam A. Lee, d. 
Ward 9, William J. Ahem, d. 
James J. Gannon, d. 
Banbury, Burt W. Dean, d. 



Bunharton, Abraham L. Burnham, r. 
Epsom, Benjamin M. Towle, r. 
Franklin, 

Ward 1, Peter Dana, d. 

Ward 2, Patrick J. Cunningham, d. 
Maxime A. Proulx, d. 

Ward 3, Walter F. Duffy, r. 

GUbert G. Fellows, d. 
Eenniker, Harrie W. Balch, d. 
Hill, Alfred M. Kelley, r. 
Eooksett, Guy M. Lawrence, r. 
Hopkinton, Robert T. Gould, d. 
Loudon, Everett P. Jenkins, r. 
Newbury, Elwin C. Lear, r. 
New London, Elmer E. Adams, r. 
Northfield, Jeremiah E. Smith, r. 
Pembroke, Lawrence C. Bates, d. 
Amedee Fremeau, d. 
George F. Georgi, d. 
Pittsfield, Richard B. Bartlett, r. 

Frank M. Cutler, d. 
Salisbury, Ned D. Sanborn, d. 
Sutton, Arthur E. Davis, d. 
Warner, Andrew J. Hook, r. 
Webster, James L. Colby, r. 
Wilmot, William A. Thompson, r. 



HILLSBOROUGH COUNTY. 



Amherst, Jonathan S. Lewis, r. 
Antrim, Charles D. White, d. 
Bedford, William B. French, r. 
Bennington, Herbert A. Eaton, r. 
Brookline, Walter E. Corey, r, 
Beering, Harland C. Smith, d. 
Francestown, Edwin D. Stevens, t. 
Gofstown, Robert M. Gordon, r. 
Lucian W. Bartlett, r. 



Greenfield, Edwin C. Hopkins, d. 
Greenville, Louis O. Boisvert, d. 
Hancock, Clark S. Ellinwood, d. 
Hillsborough, John S. Childs, r. 
Frank D. Gay, r. 
Hollis, Edwin H. Stratton, r. 
Hudson, Henry C. Brown, r. 
Lyndeborough, Charles H. Tarbell, r. 



444 



The Legislature of 1917. 



Hillsborough County. — Continued. 
Manchester, 

Ward 1, Bayard C. Ryder, r. 

Harry E. Cole, r. 

Eobert E. Wheeler, r. 
Ward 2, Henry W. Boutwell, r. 

Ralph E. Hall, r. 

Henry F. Berry, r. 

George Allen Putnam, r. 
Ward 3, Tom W. Robinson, r. 

Eugene G. Libbey, r. 

William E. Smith, r. 

George E. Prime, r. 

John G. Crawford, r. 

Carl A. Peterson, r. 
Ward 4, Clarence M. Woodbury, r. 

Henry B. Fairbanks, r. 

Frank A. Dockham, r. 

Frank H. Challis, r. 

Charles E. Crosby, r. 
Ward 5, James H. Collins, d. 

Maurice J. Connor, d 

James L. Glynn, d 

Peter E. Harlan, d. 
X Richard H. Horan. d. 

John F. Kelley, d. 

Daniel J. McCarthy, d. 
* Patrick McGreevy, d. 

John Shaughnessy, d. 
Ward 6, John H. Bartlett, r. 

Robert Bunton, r. 

Charles G. Dunnington, r. 

James M. Nelson, r. 

Arthur E. Wiggin, r. 
Ward 7, John M. Ready, d. 

Michael T. 'Sullivan, d. 

Martin L. Mahoney, d. 
Ward 8, Michael S. Donnelly, d. 

Albert J. Parent, d. 

John H. Rice, d. 

Thomas R. Stewart, d. 
Ward 0, William B. McKay, r. 

James A. Sayers, r. 

Charles W. Bailey, r. 

William A. Burlingame, r. 

Samuel F. Davis, r. 



*Dec«ased. 



Ward 10, Harry C. Jones, r. 

Charles A. Newell, r. 
Theodore Graf, r. 
Ward 11, John L. Barry, d. 

George E. Roukey, d. 
Dennis F. Scannell, r. 
Ward 12, Frank G. Lizotte, r. 
George Provost, r. 
Alphonse Grenier, r. 
R«ne Janelle, d. 
Ward 13, Treffle Raiche, r. 

Ferdinand Farley, r. 
Ubald Hebert, r. 
Charles Miville, r. 
Omer Janelle, d. 
Mason, Hervey E. Whitaker, r. 
Merrimack, John E. Haseltine, r. 
Milford, Fred J. Kendall, r. 

Joseph A. Mallalieu, r. 
Pulaski R. Woodman, r. 
Mont Vernon, Jay M. Gleason, r. 
NashiM, 

Ward 1, Herbert E. KendaU, r. 
Henry C. Shattuck, r. 
Ward 2, Amos J. Wheeler, r. 
Robert A. French, r. 
Ward 3, Joseph Pepin, d. 
Noe Richard, d. 
John B. Riendeau, d. 
Ward 4, William E. Foisie, r. 
Ward 5, Thomas McLaughlin, d. 
Michael P. Sullivan, d. 
Ward 6, Matthew T. Sullivan, d. 
Ward 7, Frank O. Morse, d. 

Thomas F. Mulvanity, d. 
Charles H. Powell, d. 
Ward 8, Henry M. Burns, d. 

Bartholomew J. Hargraves, d. 
Irenee D. Ravenelle, d. 
Ward 9, Edward DeLacombe, d. 
Auguste Gaudreau, d. 
Joseph Larouche, d. 
George L. Soucy, d. 
New Boston, Charles F. Marden, r. 
New Ipswich, Phillip F. Gordon, r. 
Pelham, Frank M. Woodbury, r. 
Peterborough, Andrew J. Walbridge, r. 

James F. Brennan, d. 
Weare, George H. Eastman, d. 
Wilton, Stanley H. Abbot, r. 



The Legislature op 1917. 



445 



CHESHIRE COUNTY. 



Alstead, Henry C. Metcalf, d. 
Chesterfield, Harold E. Randall, r. 
Dublin, Milton D. Mason, r. 
Fitzwilliam, Clarence M. Damon, r. 
Gilsum, Elmer D. Banks, d. 
Earrisville, Frank P. Symonds, r. 
Hinsdale, Orrin C. Robertson, d. 
Jafrey, John G. Townsend, r. 

Edward C. Boynton, d. 
Keene, 

Ward 1, Walter G. Perry, r. 

William J. CaUahan, r. 
Ward 2, Jerry P. Wellman, r. 
Charles Warren, d. 



Ward 3, Frank Huntress, r. 
Herman C. Rice, r. 

Ward 4, WiUiam S. Tuttle, r. 

Ward 5, Daniel M. Spaulding, r. 
Marlborough, John Kimball, r. 
Marlow, Warren M. Davis, r. 
Richmond, Albert B. Conway, r. 
Eindge, Harris H. Rice, r. 
Swanzey, Frank S. Faulkner, d. 
Troy, George W. Mason, d. 
Walpole, William H. Lane, r. 

George F. Landers, d. 
Westmoreland, Asa A. Whitman, r. 
Winchester, Franklin J. WUlard, r. 
Edward F. Qualters, d. 



SULLIVAN COUNTY. 



Acworth, March Clark, d. 
Charlestown, William H. Gilson, r. 
Claremont, Edgar A. Noyes r. 

Edward J. Rossiter, r. 

Edwin A. Thomas, d. 

Robert E. Gould, d. 

Orra S. Bugbee, d. 

Herbert C. Chandler, d. 
Cornish, William E. Beaman, r. 
Croydon, Dana S. Gross, r. 
Goshen, John S. Smart, r. 



Langdon, Bayard T. Mousley, d. 
Lempster, Lucius H. Nichols, d. 
Newport, George A. Fairbanks, r. 

Ehner E. Dodge, r. 

Leroy C. AngeU, r. 
Plainfield, Fred A. Rogers, r. 
Springfield, Carl B. PhUbrick, r. 
Sunapee, George E. Gardner, d. 
Unity, Frank Reed, r. 
Washington, Wallace W. Dole, d. 



GRAFTON COUNTY. 



Alexandria, Joel S. Gray, d. 
Ashland, Theron B. A. Baker, d. 
Bath, Chester Abbott, r. 
Bethlehem, Walter H. Clark, d. 
Bristol, John S. Conner, d. 
Campton, Samuel P. Robie, r. 
Canaan, William E. Shaw, r. 
Enfield, Stephen Laffee, r. 
Franconia, Fred G. Sanborn, d. 
Grafton, Alden H. Barney, r. 
Groton, George C. Goodboo, r. 
Hanover, Horace F. Hoyt, r. 

Charles F. Emerson, r. 
Haverhill, Frank N. Keyser, r. 

Luther C. Butler, r. 

Henry S. BaUey, r. 
Holdemess, Harold A. Webster, r. 
Lebanon, Horace French, r. 

Eben S. Haskell, r. 

Ralph F. Hough, r. 



Karl E. Allen, d. 

Frank Collins, d. 
Lincoln, John Taylor Alton, r. 
Lisbon, Fred J. Moore, r. 

Herbert B. Moulton, d. 
Littleton, Edward J. Cimimings, d. 

Harvey C. Kinne, d. 

William I. Richardson, d. 
LymM,n, WUliam Birch, Jr., d. 
Lyme, George W. Barnes, r. 
Orange, Melvin B. Eastman, d. 
Orford, Harry E. Morrison, r. 
Pierm^nt, Orlo B. Stanley, d. 
Plymouth, Ernest L. Bell, r. 

Edward C. Brogan, d. 
Bumney, Daniel Kidder, d. 
Thornton, Frank L. Hazeltine, r. 
Warren, Charles F. Little, r. 
Wentworth, Frank C. Bradeen, d. 
WoodstocTc, Albert W. Sawyer, r. 



446 



The Legislature of 1917. 



COOS COUNTY. 



Berlin, 

Ward 1, Joseph Aubin, d. 
Waldo Babson, d. 
Arthur P. Smyth, d. 
Ward 2, Joseph W. Gonya, d. 
George H. Gagne, d. 
William G. Dupont, r. 
Ward 3, Andrew P. Bergquist, r. 
Paul W. Burbank, r. 
Octave J. Lambert, r. 
Ward 4, Arthur J. Letourneau, d. 
Carroll, Edward W. Bums, d. 
ColehrooTc, Guy B. Trask, r. 

John H. Finley, r. 
Columbia, William Gray, r. 
DcUton, Amos L. Brown, r. 



Gorham, Joseph O. George, d. 

Bartholomew F. McHugh, d. 
Jefferson, Richard B. Eastman, r. 
Lancaster, Fred C. Congdon, r. 

Abner Bailey, r. 

Daniel J. Truland, r. 
Milan, Euel A. Woods, r. 
Northumberland, Joseph P. Boucher, r. 

James B. McFarland, r. 
Pittsburg, Charles Merrill, r. 
Eandolph, Vyron D. Lowe, r. 
Shelburne, Charles E. Philbrook, r. 
Starlc, Ira N. Cole, d. 
Stewartstown, Levi Brooks, r. 
Stratford, William H. Kimball, d. 
Whitefield, Elbridge W. Snow, r. 



LAWS 



OF THE 



STATE OF NEW HAMPSHIRE 



PASSED JANUARY SESSION. 1917. 



CHAPTER 1. 



AN ACT TO ESTABLISH A NEW APPORTIONMENT FOR THE ASSESSMENT 

OF PUBLIC TAXES. 



Section 

1. New apportionment established. 

2. To continue nntil another apportion- 

ment. 



Section 

3. Takes effect on passage. 



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 his warrant, shall be as follows, to wit : 



Rockingham County, $105.48. 



Atkinson, eighty-six cents 

Auburn, one dollar and sixty-six cents. . 

Brentwood, ninety-seven cents 

Candia, one dollar and fifty-one cents. . . . 
Chester, one dollar and sixty-six cents. . . 

Danville, sixty-five cents 

Deerfield, one dollar and fifty-nine cents. 



$0.86 
1.66 

.97 
1.51 
1.66 

.65 
1.59 



Chapter 1. [1917 

Derry, nine dollars and fifty-three cents $9.53 

East Kingston, sixty-one cents .61 

Epping, two dollars and nine cents 2.09 

Exeter, eleven dollars and twenty-six cents 11.26 

Fremont, one doUar and sixteen cents 1.16 

Greenland, one dollar and twenty cents 1.20 

Hampstead, one dollar and twenty-one cents 1.21 

Hampton, four dollars and ninety-three cents 4.93 

Hampton Falls, one dollar and sixteen cents 1.16 

Kensington, sixty-three cents .63 

Kingston, one dollar and forty cents 1.40 

Londonderry, two dollars and sixty-one cents 2.61 

Newcastle, one dollar 1.00 

Newfields, sixty-four cents .64 

Newington, eighty-eight cents .88 

Newmarket, three dollars and ninety-five cents 3.95 

Newton, one dollar and twelve cents 1.12 

North Hampton, two dollars and ninety-six cents 2.96 

North wood, one dollar and sixty-four cents 1.64 

Nottingham, one dollar and forty-seven cents 1.47 

Plaistow, one dollar and fifty-four cents 1.54 

Portsmouth, twenty-eight dollars and seventy-six cents. . 28.76 

Raymond, two dollars and thirteen cents 2.13 

Rye, three dollars and seventy-three cents 3.73 

Salem, four dollars and twenty-six cents 4.26 

Sandown, forty-six cents .46 

Seabrook, ninety-eight cents .98 

South Hampton, forty-one cents .41 

Stratham, one dollar and fourteen cents 1.14 

Windham, one dollar and seventy-two cents 1.72 

Strafford County, $79.31. 

Barrington, one doUar and fifty-seven cents $1.57 

Dover, twenty-nine dollars and twenty-six cents 29.26 

Durham, one dollar and seventy-four cents 1.74 

Farmington, four dollars and thirty-three cents 4.33 

Lee, ninety-eight cents .98 

Madbury, eighty-four cents .84 

Middleton, twenty-six cents .26 

Milton, three dollars and eighty-six cents 3.86 

New Durham, one dollar and two cents 1.02 

Rochester, eighteen dollars and eighteen cents 18.18 

Rollinsford, three dollars and twenty-three cents 3.23 

Somersworth, twelve dollars and fifty-eight cents 12.58 

Strafford, one dollar and forty-six cents 1.46 



1917] Chapter 1. 449 

Belknap County, $50.88. 

Alton, three dollars and thirty cents $3.30 

Barnstead, two dollars and one cent 2.01 

Belmont, two doUars and twenty cents 2.20 

Center Harbor, one dollar and seventy-four cents 1.74 

Gilford, two dollars and ten cents 2.10 

Gilmanton, one dollar and fifty cents 1.50 

Laconia, twenty-four dollars and sixty-one cents 24.61 

Meredith, four dollars and nineteen cents 4.19 

New Hampton, one dollar and forty-two cents 1.42 

Sanbornton, one dollar and ninety-one cents 1.91 

Tilton, five dollars and ninety cents 5.90 

Carroll County, $34.98. 

Albany, seventy-five cents $0.75 

Bartlett, one dollar and fifty-two cents 1.52 

Brookfield, fifty-two cents .52 

Chatham, forty-two cents .42 

Conway, six dollars and eleven cents 6,11 

Eaton, forty-six cents .46 

Effingham, one dollar l.OO 

Freedom, eighty-two cents .82 

Hart 's Location, twenty-four cents .24 

Jackson, one dollar and seventeen cents *. 1.17 

Madison, one dollar and four cents 1.04 

Moultonborough, three dollars and thirty cents 3.30 

Ossipee, two dollars and fifty-nine cents 2.59 

Sandwich, two dollars and sixty-nine cents 2.69 

Tam worth, two dollars and forty-eight cents 2.48 

Tuftonborough, one dollar and fifty-four cents 1.54 

"Wakefield, three dollars and eighteen cents 3.18 

Wolfeboro, five dollars and thirteen cents 5.13 

Hale's Location, two cents .02 

Merrimack County, $131.62. 

Allenstown, two dollars and twenty-six cents $2.26 

Andover, two dollars and forty-four cents 2.44 

Boscawen, two dollars and fourteen cents 2.14 

Bow, two dollars and forty cents 2.40 

Bradford, two dollars 2.00 

Canterbury, one dollar and eighty- two cents 1.82 

Chichester, one dollar and forty cents 1.40 

Concord, sixty dollars and thirty-one cents 60.31 

Danbury, one dollar and ten cents 1.10 

Dunbarton, one dollar and fifteen cents 1.15 



450 Chapter 1. [1917 

Epsom, one dollar and seventy-six cents $1.76 

Franklin, thirteen dollars and eighty-five cents 13.85 

Henniker, three dollars and fifteen cents 3.15 

HiU, one dollar and twelve cents 1.12 

Hooksett, three dollars and twenty-seven cents 3.27 

Hopkinton, three dollars and seventy-six cents 3.76 

Loudon, two doUars and seventeen cents 2.17 

Newbury, two dollars and sixty cents 2.60 

New London, two dollars and seventy-one cents 2.71 

Northfield, three dollars and ten cents 3.10 

Pembroke, four dollars and seventy cents 4.70 

Pittsfield, four dollars and thirty cents 4.30 

Salisbury, one dollar and four cents 1.04 

Sutton, one dollar and forty-four cents 1.44 

Warner, three dollars and thirty-nine cents 3.39 

Webster, one dollar and thirty- four cents 1.34 

Wilmot, ninety cents .90 

Hillsborough County, $311.13. 

Amherst, two dollars and sixty-one cents $2.61 

Antrim, two dollars and sixty cents 2.60 

Bedford, two dollars and seventy cents 2.70 

Bennington, one dollar and ninety-one cents 1.91 

Brookline, one dollar and five cents 1.05 

Deering, seventy-four cents .74 

Francestown, one dollar and seven cents 1.07 

Goffstown, five dollars and forty cents 5.40 

Greenfield, one dollar and four cents 1.04 

Greenville, two dollars and twenty cents 2.20 

Hancock, one dollar and fifty-one cents 1.51 

Hillsborough, four dollars and thirty-six cents 4.36 

Hollis, one dollar and eighty-nine cents 1.89 

Hudson, two dollars and sixty-eight cents 2.68 

Litchfield, ninety-three cents .93 

Lyndeborough, one dollar 1.00 

Manchester, one hundred and eighty-nine dollars and 

thirty-two cents 189.32 

Mason, eighty cents .80 

Merrimack, three dollars and fortj'-four cents 3.44 

Milford, eight dollars and two cents 8.02 

Mont Vernon, one dollar and thirty cents 1.30 

Nashua, fifty-three dollars and eighty-seven cents 53.87 

New Boston, two dollars and sixty-six cents 2.66 

New Ipswich, two dollars and eighteen cents 2.18 

Pelham, one dollar and fifty-two cents 1.52 



1917] Chapter 1. 451 

Peterborough, seven dollars and eight cents $7.08 

Sharon, thirty-one cents .31 

Temple, sixty cents .60 

Weare, three dollars and one cent 3.01 

"Wilton, three dollars and twenty-three cents 3.23 

Windsor, ten cents .10 

Cheshire County, $68.61. 

Alstead, one dollar and forty-four cents $1.44 

Chesterfield, one dollar and ninety-three cents 1.93 

Dublin, three dollars and thirty-seven cents 3.37 

Fitzwilliam, one dollar and eighty cents 1.80 

Gilsum, fifty-five cents .55 

Harrisville, one dollar and thirty cents 1.30 

Hinsdale, six dollars and sixty-eight cents 6.68 

Jaff rey, four dollars and two cents 4.02 

Keene, twenty-three dollars and eighty-six cents 23.86 

Marlborough, one dollar and ninety-two cents 1.92 

Mario w, sixty cents .60 

Nelson, fifty-eight cents .58 

Richmond, one dollar and sixteen cents 1.16 

Rindge, one dollar and ninety-five cents 1.95 

Roxbury, thirty cents /. . . . .30 

Stoddard, sixty-five cents .65 

Sullivan, fifty cents , .50 

Surry, fifty-one cents .51 

Swanzey, two dollars and sixty-seven cents 2.67 

Troy, one dollar and ninety-one cents 1.91 

Walpole, five dollars and thirty-nine cents 5.39 

Westmoreland, one dollar and thirty-two cents 1.32 

Winchester, four dollars and twenty cents 4.20 

Sullivan County, $39.90. 

Acworth, seventy cents $0.70 

Charlestown, two dollars and sixty-eight cents 2.68 

Claremont, sixteen dollars and fifteen cents 16.15 

Cornish, two dollars and five cents 2.05 

Croydon, ninety cents .90 

Goshen, forty-seven cents .47 

Grantham, sixty-two cents .62 

Langdon, forty-seven cents .47 

Lempster, fifty-three cents .53 

Newport, eight dollars and ten cents 8.10 

Plainfield, one dollar and eighty cents 1.80 



452 Chapter 1. [1917 

Springfield, ninety-five cents $0.95 

Sunapee, three dollars and twelve cents 3.12 

Unity, sixty-seven cents .67 

Washington, sixty-nine cents .69 

Grafton County, $95.67. 

Alexandria, eighty cents $0.80 

Ashland, three dollars and twenty-one cents 3.21 

Bath, one dollar and seventy-seven cents 1.77 

Benton, thirty-seven cents .37 

Bethlehem, three dollars and fifty-nine cents 3.59 

Bridgewater, sixty-five cents .65 

Bristol, three dollars and thirty-one cents 3.31 

Campton, one dollar and seventy-six cents 1.76 

Canaan, two dollars and sixty-two cents 2.62 

Dorchester, forty-four cents .44 

Easton, forty-seven cents .47 

Ellsworth, twenty-three cents .23 

Enfield, tM^o dollars and seventy-eight cents 2.78 

Franconia, one dollar and ninety cents 1.90 

Grafton, one dollar and forty-one cents 1.41 

Groton, thirty-seven cents .37 

Hanover, seven dollars and forty-five cents 7.45 

Haverhill, six dollars and fifty-three cents 6.53 

Hebron, fifty-four cents .54 

Holderness, two dollars and fifty-six cents 2.56 

Landaff, ninety cents .90 

Lebanon, eleven dollars and sixty-two cents 11.62 

Lincoln, eight dollars and seventeen cents 8.17 

Lisbon, five dollars and three cents 5.03 

Littleton, seven doUars and eighty-six cents 7.86 

Livermore, one dollar and fifteen cents 1.15 

Lyman, fifty-seven cents .57 

Lyme, one dollar and ninety-three cents 1.93 

Monroe, eighty-eight cents .88 

Orange, thirt.v-seven cents -37 

Orford. one dollar and thirty-eight cents 1.38 

Piermont, one dollar and seventeen cents 1.17 

Plymouth, five dollars and forty-five cents 5.45 

Rumney, one dollar and sixty-five cents 1.65 

Thornton, sixt.v-nine cents -69 

Warren, one dollar and nineteen cents 1.19 

Waterville, eighty-nine cents -89 

Wentworth, ninety-seven cents -97 

Woodstock, one dollar and four cents 104 



1917] Chapter 1. 453 

Coos County, $74.88. 

Berlin, twenty -two dollars and thirty-six cents $22.36 

Carroll, three dollars and fifty-seven cents 3.57 

Clarksville, one dollar and twenty-five cents 1.25 

Colebrook, three dollars and ninety-seven cents 3.97 

Columbia, one dollar and fourteen cents 1.14 

Dalton, sixty-one cents .61 

Dummer, eighty cents ^ .80 

Errol, one dollar and sixty-seven cents 1.67 

Gorham, eight dollars and fifteen cents 8.15 

Jefferson, one dollar and ninety-four cents 1.94 

Lancaster, six dollars and ninety-six cents 6.96 

Milan, one dollar and sixty cents 1.60 

Northumberland, four dollars and thirty-four cents .... 4.34 

Pittsburg, six dollars and thirty-eight cents 6.38 

Randolph, fifty-eight cents .58 

Shelburne, one dollar and nine cents 1.09 

Stark, ninety- four cents .94 

Stewartstown, one dollar and fifty-six cents 1.56 

Stratford, two dollars and fifteen cents 2.15 

Wentworth's Location, eighty-six cents .86 

Whitefield, two dollars and ninety-six cents 2.96 

Unincorporated Places in Coos County, $7.54. 

Bean's Grant, twenty-four cents $0.24 

Bean's Purchase, five cents .05 

Cambridge, one dollar and thirty-two cents 1.32 

Chandler's Purchase, eleven cents .11 

Crawford's Purchase, eighteen cents .18 

Cutt's Grant, eleven cents .11 

Dixville, one dollar and ninety-nine cents 1.99 

Dix's Grant, forty -three cents .43 

Erving's Grant, eleven cents .11 

Gilmanton and Atkinson Academy Grant, thirty-eight 

cents .38 

Kilkenney, nine cents .09 

Millsfield, fifty-eight cents .58 

Odell, forty-nine cents .49 

Pinkham's Grant, two cents .02 

Sargent's Purchase, four cents .04 

Second College Grant, forty-nine cents .49 

Success, ninety-one cents .91 



454 



Chapter 2. 



[1917 



To continue nntii Sect. 2. The Same shall be the proportion of assessment of all 
another apportion- public taxes Until a new apportionment shall be made and estab- 
lished, and the treasurer for the time being shaU issue his warrant 
accordingly. 

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



Takes effect on 
passage. 



[Approved January 30, 1917. 



CHAPTER 2. 



AN ACT IN AMENDMENT OF SECTION 1 OP CHAPTER 10 OF SESSION LAWS 
OF 1913, RELATING TO COUNTY AGENTS. 



Section 

1. County convention may appropriate 
money for county agents and de- 
velopment of farming. 



Section 

2. Takes effect on passage. 



Be it enacted by the Senate and H&use of Representatives in 
General Court convened: 



County convention SECTION 1. Amcud sectiou 1 of chapter 10 of the Laws of 1913 
Soney ^fo^ county '^y Striking out the words "not exceeding twelve hundred dollars" 
agents and devei- Jq ^\^q sccoud line thereof; also by striking out the words "a" and 

opment of farm- ' *^ ... 

ing. "agent" in the third line thereof and inserting in place of the 

word ' ' agent ' ' the word agents so that said section as amended shall 
read as follows: Section 1. The convention of any county may 
raise and appropriate money annually for the purpose of securing 
county agents for the development of the farming industry in such 
county. 

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



Takes effect on 
passage. 



[Approved February 7, 1917.] 



1917 



Chapters 3, 4, 
CHAPTER 3. 



455 



AN ACT IN RELATION TO CONTRACTS FOR LABOR. 



Section Section 

1. Leaving employment as lumberman 2. Takes effect on passage, 

or river driver, after receiving ad- 
vancements, until value earned, 
prohibited. Penalty. 

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

Section 1. Whoever enters into an affreement to labor for an- Leaving empioy- 

. , . 1 L • , • • 1 • • ■■ 1 • . , ment as lumber- 

Other in any lumbering operation or in driving logs and m consid- man or river driv- 

eration thereof receives any advance of goods, money, or transporta- adVancementsl^un^ 

tion, and without cause fails to enter into said employment as prohibited, ^^'pen- 

agreed, and labor for a sufficient length of time to reimburse his'*'*^- 

employer for said advances and expenses of transportation, shall 

be punished by fine of not exceeding ten dollars or by imprisonment 

not exceeding thirty days. 



Sect. 2. This act shall take effect upon its passage. 
[Approved February 9, 1917.] 



Takes effect on 
passage. 



CHAPTER 4. 



AN ACT TO amend CHAPTER 176 OF THE LAWS OF 1913 RELATING TO 
EMBEZZLEMENT BY INSURANCE AGENTS. 



Section 

1. What constitutes offense. 



Section 

2. Repealing clause ; 
passage. 



takes effect on 



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

Section 1. Amend section 1 of said chapter by striking out the what constitutes 
figures "274" in line fifteen and inserting in place thereof the**^^°^*' 
figures 273, so that said section as amended shall read as follows: 
Section 1. Any money, substitute for money or thing of value 
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 ^ 



456 



Chapter 5. 



[1917 



Repealing clause; 
takes effect on 
passage. 



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 273 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. 

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

[Approved February 13, 1917.] 



CHAPTER 5. 



AN ACT IN AMENDMENT OF CHAPTER 287 OF THE PUBLIC STATUTES 
RELATING TO FEES AND COSTS IN CERTAIN CASES. 



Section 

1. Fees of recording officers in certain 
cases. 



Section 

2. Takes effejt on passage. 



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



Fees of recording SECTION 1. Chapter 287 of the Public Statutes relating to fees 
cfles!^^ '° certain ^^^ Qosts in Certain cases is hereby amended by striking out the 
whole of section 26 and inserting the following, Sect. 26. Regis- 
ters of deeds, town clorks; and all other recording and certifying 
officers, except as otherwise specially provided, shall be entitled to 
the following fees: 

For recording or copying each page of two hundred and twenty- 
four words, twenty-five cents, provided, hoivever, that if the deed 
or other paper contains the names of more than two parties thereto 
other than the husband or wife of the grantor or grantee, an addi- 
tional fee of ten cents each shall be charged for indexing the names 
of additional grantors or grantees or other parties thereto. 

For every certificate, eight cents. 

For examining the records at the request of any person, for each 
hour spent therein, fifty cents. 

For discharging a mortgage on the margin of record, twenty-five 
cents. 

Sect. 2. This act sliall take elTect upon its passage. 



Takes effect on 
passage. 



[Approved February 13, 1917. 



19171 



Chapters 6, 7. 
CHAPTER 6. 



457 



AN ACT IN AMENDMENT OF SECTION 3 OP CHAPTER 55 OF THE PUBLIC 
STATUTES RELATING TO PERSONS AND PROPERTY LIABLE TO TAX- 
ATION. 



Section 

1. Certain property taxable as real es- 
tate. 



Section 

2. Takes effect on passage. 



Be it enacted by the Senate and House of Repr'esentatives in 
General Court coyivened: 

Section 1. That section 3 of chapter 55 of the Public Statutes certain property 
be amended by striking out in the first and second lines of saidettTte'^ *^ ^^^^ 
section the words ''carding machines, factory buildings and," so 
that said section as amended shall re^d as follows : Sect, 3. Build- 
ings, mills, machinery, wharves, ferries, toll-bridges, locks and 
canals, and aqueducts any portion of the water of which is sold or 
rented for pay, are taxable as real estate. 

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

passage. 

[Approved February 13, 1917.] 



CHAPTER 7. 



AN ACT IN AMENDME2^JT OF SECTION 5, CHAPTER 166 OF THE PUBLIC 
STATUTES, RELATIVE TO BUILDING AND LOAN ASSOCIATIONS. 

Section , Section 

1. Capital stock of, unlimited in amount. | 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 166 of the Public Stat- Capital stock of, 
utes by striking out the words ' ' not exceed at any one time one amount!' 
million dollars" after the words "corporation shall" and substitute 
in place thereof the words, be unlimited ; so that said section shall 
read : Sect. 5. The capital stock of any such corporation shall be 
unlimited, and shall be divided into shares of the ultimate value of 
two hundred dollars each. The shares may be issued in quarterly, 
half-yearly, or yearly series, each series to consist of such number of 
shares as the members may determine, but no shares of a prior series 
shall be issued after the issue of a new series has been begun. 



Sect. 2. This act shall take effect upon its passage. 
[Approved February 16, 1917.] 



Takes effect on 
passage. 



458 



Chapters 8, 9. 
CHAPTER 8. 



[1917 



AN ACT FOR THE ACCEPTANCE OF THE PROVISIONS OF THE FEDERAL 

AID ROAD ACT. 



Provides surveys 
and estimates, by 
commissioner of 
state highways. 



Takes effect on 
passage. 



Section 

1. Provides surveys and estimates, by 
commissioner of state highways. 



Section 

2. Takes effect on passage. 



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

Section 1. The provisions of the act provided for in Senate 
Document 548, Public Law— No. 156— 64th Congress (H. R. 7617), 
an act to provide that the United States shall aid the states in the 
construction of rural post roads and for other purposes, are assented 
to and the state highway department through its commissioner is 
authorized to make the necessary surveys and estimates to carry 
out the provisions of said act. 

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

[Approved February 16, 1917.] 



CHAPTER 9. 



AN ACT IN amendment OF SECTION 1 OF CHAPTER 25 OF THE PUBLIC 
statutes relating to ELECTION OF COUNTY OFFICERS. 



Section 

1. Solicitor in Merrimack County to 
take his office first of January. 



Section 

2. Repealing clause; takes effect on 
passage. 



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

Solicitor in Mer- SECTION 1. There shall be chosen at each biennial election, by 
take his oZ>"e first ballot, bv the inhabitants of the several towns in each county quali- 
of January. ^^^ ^^ ^^^^ ^^^ scuators. a sheriff, a county solicitor, a county treas- 

urer, a register of deeds, a register of probate, and three county 
commissioners, each of whom shall take his office on the first day 
of April next succeeding his election, and shall hold the same for 
\ two years and until his successor is chosen and qualified, except 

that the solicitor of Merrimack county shall take his office on the 
first day of January next succeeding his election. 
Repealing clause; Sbct. 2. So much of scctiou 1, chapter 25 of the Public Statutes, 
i^^g?*"* °° as is inconsistent herewith is hereby repealed and this act shall take 
effect upon its passage. 



[Approved February 16, 1917. 



1917] Chapters 10, 11. 459 

CHAPTER 10. 

AN ACT IN AMENDMENT OF SECTION 1, CHAPTER 176 OF THE LAWS OF 
1909, RELATING TO INSURANCE ON STATE BUILDINGS. 

Section i Section 

1. Elevator insurance permitted. I 2. Takes effect on passage. 

Be it enacted hy the Senate and House of Representatives in 
General Cmirt converted: 

Section 1. Amend section 1, chapter 176, Laws of 1909, by Elevator insurance 
adding after the word "steam-boiler" in the fourth line, the words, ^^'™' 
and elevator, so that the same as amended shall read as follows: 
Section 1. That the funds of the state or any department or insti- 
tution thereof shall not be used for providing for insurance of prop- 
erty owned by the state against loss by fire or other casualty ; pro- 
vided, that steam-boiler and elevator insurance, in connection with 
inspection, may be provided in such cases as may be approved by 
the governor and council. 

Sect. 2. This act shall take effect upon its passage. pa^slge*^^"* **° 

[Approved February 16, 1917.] 



CHAPTER 11. 



AN ACT PROVIDING FOR THE COMFORT AND HOURS OF WORK OF JURORS. 



Section 

1. Jurors' quarters during deliberations. 

2. Jurors to rest between midnight and 

8 a. m. 



Section 

3. Takes effect on passage. 



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

Section 1. The county commissioners for each county shall fur- Jurors' quarters 
nish at least one room in each county court house where jury trials tions!^ 
are held with twelve substantial and comfortable seats, and con- 
venient desks, for the use of jurors when deliberating on civil and 
criminal cases. 

Sect. 2. Jurors deliberating on any case shall not be required to Jurors to rest be- 
continue such deliberations without sleep and rest later than t welve and^s ".' m.'^ 
o'clock in the evening. At that hour, or earlier, under such safe- 
guards and conditions as the court in each case may direct, they 
shall be afforded suitable and proper opportunity for sleep and 



460 



Chapters 12, 13. 



1917 



Takes effect on 
passage. 



rest at the expense of the county for at least eight hours before 
taking up again their deliberations in the jury room. 
Sect. 3. This act shall take effect upon its passage. 

[Approved February 16, 1917.] 



CHAPTEH 12. 



AN ACT TO AMEND SECTION 17 OF CHAPTER 227 OF THE PUBLIC STAT- 
UTES RELATING TO IMPANELLING JURORS IN CIVIL CASES. 



Section 

1. Three peremptory challenges allowed. 



Section 

2. Takes effect on passage. 



Three peremptory 
challenges allowed. 



Takes effect on 
passage. 



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

Section 1. Amend section 17 of chapter 227 of the Public Stat- 
utes by striking out the whole of said section and by inserting in 
place thereof the following : Sect. 17. Each party in a civil cause 
is entitled to three peremptory challenges of jurors drawn for the 
trial. The peremptory challenges shall be exercised alternately 
beginning with the plaintiff. When the plaintiff and defendant 
have exhausted their challenges the court shall take unusual care 
and precaution that the jurors who take the places of the ones last 
challenged shall be Avholly indifferent and impartial and reason- 
ably satisfactory to both sides. 

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

[Approved February 16, 1917.] 



CHAPTER 13. 



AN ACT IN relation TO' DIVIDING GOODS AND CHATTELS AMONG HEIRS- 
AT-LAW AND BENEFICIARIES.* 



Section 

1. Administrator to allow heirs to take 

at appraisal. 

2. Executors to do the same as to goods 

not specifically bequeathed. 



Section 

3. Repealing clause; 
passage. 



takes effect on 



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



Administrator to SECTION 1. When an administrator has in his possession any 

allow heirs to take - ., ,<« •,,, ■ i i -i-iij. 

at appraisal. goods and chattels of an intestate estate he cannot acquire title to 



* This act was later repealed, see ch. 188. post. 



1917 



Chapter 14. 



461 



the same by taking them at the appraisal. If there is only one heir- 
at-law to such an estate, he shall first be offered such part or all of 
said goods and chattels as he desires at the appraised value of such 
goods and chattels desired by him. If there is more than one 
heir-at-law to such an estate, such administrator, upon request of 
any heir-at-law, shall first offer any part or all of such property 
for sale by competitive bidding between or among such heirs-at-law 
alone as at an auction, and sales shall be made to such heirs-at-law 
at such bidding provided the highest bid on each article is at least 
equal to the appraised value of that article. 

Sect. 2. An executor or trustee who has for division goods and Executors to do 
chattels of an estate not specifically bequeathed shall be guided in goods^'mft sp^ecif- 
the same manner with reference thereto as is provided for admin- '°^^'^ bequeathed. 
istrators in section 1 of this act. 

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. 



takes effect on 
passage. 



[Approved February 16, 1917. 



CHAPTER 14. 

AN ACT IN RELATION TO THE FEES OF WITNESSES IN ALL LEGAL, 

PROCEEDINGS. 



Section 

1. Fee for attendance before justice and 
municipal courts, $1 per day; be- 
fore other courts, $2 ; travel six 
cents per mile each way. 



Section 

2. Repealing clause; takes effect on 
passage. 



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



Section 1. Amend chapter 287 of the Public Statutes by strik- Fee for attendance 
ing out the whole of section 13, and inserting in place thereof the mun'icipaf*'court3^ 
following: Sect. 13. The fees of witnesses shall be, for each dav'sf^ per day; be- 

" _ _ ' • fore other courts, 

attendance before a municipal or iustice court, one dollar: for each $2; travel six 

J , , „ . -in cents per mile each 

day s attendance berore the superior and probate courts, and all way. 
other legally constituted auditors, referees, magistrates, or officials 
having the power to summon witnesses, two dollars; for each mile's 
travel to and from the place of testifying, six cents. 

Sect. 2. All acts or parts of acts inconsistent with this act are Repealing clause; 
hereby repealed, and this act shall take effect upon its passage. . pa'^Hgt!^*'^'' "" 



[Approved February 16, 1917. 



462 



Chapters 15, 16. 
CHAPTER 15. 



[1917 



AN ACT TO AMEND CHAPTER 6 OF THE LAWS OF 1915 WITH REFERENCE 
TO CHANGING THE NAME OF SPECTACLE POND IN THE TOWN OP 
SUNAPEE, 



Section 

1. Pond is in Sunapee, not Newbary, as 
stated in former act. 



Section 

2. Takes effect on passage. 



' Be it etwbcted hy the Senate and House of Representatives in 

General Court c&nvened: 

Pond is in Suna- SECTION 1. Amend chapter 6, Laws of 1915, by striking out the 

as stated in former word " Newburj " in scction 1 and inserting the word Sunapee in 

"*'*■ place thereof, so that said section as amended shall read as follows : 

Section 1. The name of Spectacle Pond in the town of Sunapee 

is hereby changed to, and the name shall hereafter be known and 

called, Mountainview Lake. 

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



Takes effect on 
passage. 



[Approved February 16, 1917. 



CHAPTER 16. 



AN ACT IN AMENDMENT OF SECTION 1 OF CHAPTER 96 OF THE SESSION 
LAWS OF 1901 ENTITLED, " AN ACT RELATING TO HIGH SCHOOLS," 
AS AMENDED BY CHAPTER 118 OF THE SESSION LAWS OF 1903. 



Section 

1. Towns not maintaining high school 
liable for tuition of pupils, up to 
$55 per annum. 



Section 

2. Takes effect on passage. 



Be it enacted hi/ the Srnatr and House of Representatives in 
General Cmirt convened: 



Towns not main SECTION 1. Section 1 of chapter 96 of the session Laws of 1901 
li\'bk f or Stfon^oJ entitled. "An Act relating to high schools/' as amended by chapter 
per^'ainum.*" ^^^ ^^ of the scssion Laws of 1903. is hereby amended by striking out 
the word "forty" in the last line of the section and substituting 
fifty-five so that the section as amended shall read : Section 1 . Any 
town not maintaining a high school or school of corresponding 
grade shall pay for the tuition of any child who with parents or 
guardian resides in said town and who attends a high school or 
academy in the same or another town or city in this state, and the 



1917] Chapter 17. 463 

parent or guardian of such child shall notify the school board of 
the district in which he resides of the high school or academy which 
he has determined to attend ; provided, however, that no town shall 
be liable for tuition of a child in any school in excess of the average 
cost per child of instruction for the regularly employed teachers 
of that school and the cost of textbooks, supplies and apparatus 
during the school year preceding, nor in any case shall the town 
be liable for tuition for any child in excess of fifty-five dollars 
per year. 

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

J. o passage. 

[Approved February 20, 1917.] 



CHAPTER 17. 



iLN ACT PROVIDING A SEAL FOR THE NEW HAMPSHffiE BOARD OF CON- 
CILIATION AND ARBITRATION. 

Section ■ Section 

1. Form of seal. | 2. Takes effect on passage. 

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

Section 1. The New Hampshire board of conciliation and arbi- Form of Beai. 
tration shall have a seal which shall be like the present seal of the 
state, except that the device thereon shall be surrounded by the 
words N. H. State Board of Conciliation and Arbitration in place 
of the words "Sigillum Republics Neo Hantoniensis, 1784," sur- 
rounding the device of said seal of the state, which shall be affixed 
by the chairman of said board to all official papers issued by it. 

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

passage. 

[Approved February 21, 1917.] 



464 



Chapters 18, 19. 
CHAPTER 18. 



[1917 



AN ACT GIVING CERTAIN POWER TO JUSTICES OP THE SUPERIOR COURT 
FOR THE HUMANE TREATMENT OP PRISONERS IN COUNTY JAILS OR 
HOUSES OF CORRECTION. \ 



Prisoner may be 
paroled tempora- 
rily in custody of 
officer. 



Takes effect on 
passage. 



Section 

1. Prisoner may be paroled temporarily 
in custody of officer. 



Section 

2. Takes effect on passage. 



Be it enacted hy the Sen<ite and Bmise of Representatives in 
General Court convened: 

Section 1. Any person confined in a county jail or house of 
correction may, under such precautions and for such time and pur- 
pose as any justice of the superior court may order, be temporarily 
taken by some regular or specially authorized officer from such jail 
or house of correction because of his ovm extremely critical illness, 
or the imminently approaching death of a member of his immediate 
family, or the funeral of a member of his immediate family, or for 
such imperative and extraordinary purpose as shall be deemed justi- 
fiable and humane by the justice of said court to whom application 
is made. 

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

[Approved February 21, 1917.] 



CHAPTER 19. 



AN ACT RELATING TO PROPERTIES HELD FOR PI^RLIC USE BY THE SOCIETY 
FOR THE PROTECTION OF NEW HAMPSHIRE FORESTS. 



Section 

1. No liability for injuries to persons on 
paths, trails, bridges, etc., of the 
society. 



Section 

2. All income to be devoted to public 

purposes for which the society was 
organized. 

3. Takes effect on passage. 



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

^, ,. ^.,.. , . Section 1. The Societv for the Protection of New Hampshire 

No liability for in- .• • -■ i i i r i • i. i 

juries to persons Forests, being a corporation organized under the laws ot this state 

Ion paths, trails, „,, „ .,, ... -i i.- c 

bridges etc., of the for the purpose of encouraging tlie protection and preservation or 

society. forests and other natural resources of this state for the public 

benefit, and having in pursuance of its corporate purposes acquired 

several properties, including those known as Sunapee. Monadnock 



1917] 



Chapter 20. 



465 



and Lost River reservations, which it has made accessible for use 
by the public by the building of paths, trails, bridges, and other 
structures, is hereby exempted from all civil liability in any suit 
or action by or on behalf of any person injured or claiming to 
have been injured through the negligent act or omission of said 
society or of any officer, agent, or employee thereof in corfetructing 
or maintaining such paths, trails, bridges, or other structures upon 
any property now held or hereafter acquired by it for such pur- 
poses. 

Sect. 2. Said society shall devote all the income received by itAii income to be 
from the properties held by it to the maintenance, development, pu^rpofesVorw'hich 
and extension of such properties and the fulfillment of the public ^anfz^ed.^^^ ^^^ *"^ 
purposes for which said society is organized. 

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

^ ° passage. 

[Approved February 21, 1917.] 



CHAPTER 20. 



AN ACT TO AMEND CHAPTER 42 OF THE LAW^S OF 1913 RELATING TO 
DOMESTIC LIFE INSURANCE COMPANIES. 



Section 



Commissioner to issue certificate, 
when. 

Commissioner to hold deposit for se- 
curity of policyholders. 

Repealing uniform date for expiration 
of certificates of such companies. 



Section 

4. Brokers and agents doing business 

for such companies, to be qualified, 
appointed and licensed. 

5. Repealing clause; takes effect on 

passage. 



Be it enacted hy the Senate and House of Representatives in 
General Coui't convened: 



Section 1. Amend section 2 of said chapter by striking out the Commissioner to 
whole of said section and inserting in place thereof the following : when. 
Sect. 2. No such certificate shall be issued to such a corporation 
organized on the mutual plan until at least five hundred persons 
have subscribed in the aggregate for at least five hundred thousand 
dollars of insurance upon their lives and shall each have paid in 
one full annual premium in cash upon the insurance applied for, 
nor until it shall have deposited with the insurance commissioner 
at least one hundred thousand dollars in the securities required 
by law. 

Sect. 2. Amend section 4 of said chapter by striking out the Commissioner to 
last sentence thereof and inserting in place thereof the following : security^'of 'poUcV 
All funds and securities deposited with the insurance commissioner '^"''^*^'"^' 
by any such company under the provisions of this act shall be held 



466 Chapter 20. [1917 

by him in trust for the benefit and protection of and as security for 
all the policyholders of the company, so that said section as amended 
shall read as follows: Sect. 4. As soon as practicable after the 
filing of said annual statement the insurance commissioner shall 
proceed to ascertain the net cash value of each policy in force on 
the 31st day of December immediately preceding, upon the basis 
of the American 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 deter- 
mine. Upon ascertaining in the manner above provided, the net 
cash value of all policies in force in any such company, the insur- 
ance 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 policyholders, 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 com- 
pany. But no such company shall be required to make such de- 
posit 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 held by him in trust for 
the benefit and protection of and as security for all the policy- 
holders of the company. 
Repealing uniform Sect. 3. Amend scctiou 5 of Said chapter by striking out the 
or^/ertificatef '"o" proviso at the end thereof so that said section as amended shall 
such companies, pg^^j ^g follows : Sect. 5. On receipt of the deposit and statement 
from any company, as provided in the preceding sections, which 
shall be renewed annually, the insurance commissioner shall issue 
a certificate 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 
outstanding policies, and the table upon which same is computed, 
and that it is authorized to transact the business of life insurance. 
Brokers and agents Sect. 4. Amend section 22 of said chapter by striking out the 
such^compTnfls/to whole of Said section and inserting in place thereof the following: 
be qualified ap- ggQrp 22. No iusuraucc shall be negotiated in this state bv or on 

pointed and li- " 

censed. behalf of any such company except by agents or brokers who shall 

be qualified, appointed, and licensed in accordance with the law. 



1917J Chapter 21. 467 

Sect. 5. 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 pl'^sag'f ^''^ ""* 
upon its passage. 

[Approved February 21, 1917.] 



CHAPTER 21. 



AN ACT TO AMEND CHAPTER 131 OP THE LAWS OF 1911 RELATING TO 
THE DUTIES OP THE STATE TREASURER. 



Sectiok 

1. Insurance commissioner to receive 
deposits required from foreign com- 
panies. 



Section 

2. Repealing clause; takes effect on 
passage. 



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

Section 1. Amend section 1 of said chapter by striking out the insurance com- 
words ' ' state treasurer ' ' in the seventh line thereof and substituting ™'ite°depos^t3 It 
therefor the words insurance commissioner, so that said section as eign^comp^ier 
amended shall read as follows: Section 1. In all cases in which 
the laws of any other state of the United States now require and 
may hereafter require that the insurance companies incorporated 
by the laws of other states shall deposit with some officer of the 
state in which such insurance company is incorporated, stocks or 
other securities in trust or for the benefit of policyholders of such 
companies as a condition for doing business in such other states, 
the insurance commissioner shall receive from any insurance com- 
pany incorporated under the laws of this state stocks or other secur- 
ities, in such amount as may be required by the laws of such other 
state or states, on deposit in trust for the benefit of the policyhold- 
ers of such company. 

Sect. 2. 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 pa'^Uge^^*'* ""^ 
upon its passage. 

[Approved February 21, 1917.] 



468 



Chapter 22. 



[1917 



CHAPTER 22. 

AN ACT TO AMEND CHAPTER 28 OF THE LAWS OF 1911 IN RELATION 
TO THE ESTABLISHMENT AND MAINTENANCE OF SAFETY FUNDS BY 
FIRE INSURANCE COMPANIES. 



Section 

1. Special reserve fund to be deposited 

with insurance commissioner. 

2. Insurance commissioner to transfer 

reserve fund to company, when. 



Section 

3. Repealing clause; takes effect on 
passage. 



Special reserve 
fund to be de- 
posited with in- 
surance commis- 
sioner. 



Be it enacted hy the Senute and H&use of Representatives in 
General Court convened: 

Section 1. Amend section 8 of said chapter by striking out the 
words "state treasurer" in the fourth and fifth lines and substi- 
tuting therefor the words insurance commissioner so that said sec- 
tion as amended shall read as follows: Sect. 8. Such special re- 
sers^e fund shall be invested by such company in the same manner 
as its capital and surplus may be invested, and the securities shall 
be deposited from time to time, as the funds shall accumulate and 
be invested, with the insurance commissioner, who shall permit such 
company to change the securities so deposited by substituting for 
those withdrawn others of equal amount and value, and to collect 
and receive the interest or dividends upon such securities as the 
same shall accrue. Such special reserve fund shall be deemed a 
fund constituted by the stockholders to protect such company and 
its policyholders other than claimants for losses or otherwise already 
existing or then accrued, in case of any extraordinary conflagi'ation 
or conflagrations, and shall not be regarded as any part or portion 
of the assets of such company so as to be or render the same liable 
for any claim for loss by fire or otherwise, except as herein provided. 
Sect. 2. Amend section 10 of said chapter by striking out the 
^r*re°s' rve 'fund words ' ' and the filing with him of a copy of such certificate, the 
to company, when, g^^^g treasurer" in lines 27, 28, and 29. and substituting therefor 
the word he. Further amend said section by striking owX the words 
"state treasurer" in line 43 and substituting therefor the words 
insurance commissioner, so that said section as amended shall read 
as follows: Sect. 10. "Whenever the claims upon such company 
shall exceed the amount of its capital stock and of the guaranty 
surplus fund provided for by this act, such company shall notify 
the insurance commissioner of the fact, who shall then make or 
cause to be made an examination of such company, and shall issue 
his certificate of the result thereof, showing the amount of capital, 
of guaranty surplus fund, of special reseiwe fund, of reinsurance 
liability and of all other assets; and upon his issuing such certifi- 
cate such special resei*ve fund shall be immediately held to protect 
all policyholders of said company other than such as are claimants 
upon it at the date of such certificate, and such special reseiwe fund, 



Insurance com- 



1917] Chapter 22. 469 

together with other assets, certified by the insurance commissioner 
as equal in value to the amount of the unearned premiums of such 
company, to be ascertained as hereinbefore provided, shall consti- 
tute the capital and assets of such company for the protection of 
policyholders other than such claimants and for the further conduct 
of its business. Upon the payment to claimants who are such at 
the date of such certificate of the amounts to which they are re- 
spectively entitled, in proportion to their several claims, of the 
full sum of the capital of such company, of its guaranty surplus 
fund, and of its other assets, excepting only such special reserve 
fund and an amount equal to its liability for earned premiums as 
certified by the insurance commissioner, such company shall be 
forever discharged from any and all further liability to such claim- 
ants and to each of them. Upon the issue of such certificate by 
the insurance commissioner and upon the demand of such company 
he shall transfer to it all such securities as shall have been deposited 
with him by such company as such special reserve fund. If the 
amount of such special reserve fund be less than fifty per centum 
of the full amount of the capital of such company, a requisition 
shall be issued by the insurance commissioner upon the stockholders, 
to make up such capital to that proportion of its full amount ; pro- 
vided that any capital so impaired shall be made up at least to the 
sum of two hundred thousand dollars, and in case such company, 
after such requisition, shall fail to make up its capital at least to 
said sum of two hundred thousand dollars, as therein directed, such 
special reserve fund shall still be held as security and liable for 
any and all losses occurring upon policies of such company. Pro- 
vided, however, that if any amount greater than a sum equal to 
one-half of its capital stock shall have been deposited by such com- 
pany with the insurance commissioner under the provisions of this 
act, he shall retain of such securities an amount equal to one-half 
of what amount he shall so hold thereof in excess of a sum equal to 
one-half of such capital stock, and he shall transfer the balance 
thereof to such company as herein provided, and the amount so 
transferred to such company shall from the time of such transfer, 
provided the amount thereof shall not be less than two hundred 
thousand dollars, constitute the capital stock of such company for 
the further conduct of its business as hereinbefore provided, and 
the securities so retained shall be regarded as the special reserve 
fund of such company, to which additions may be made as herein 
provided, and shall be held in the same manner and for the same 
purpose and under the same conditions as the original special re- 
serve fund of such company was held. 

Sect. 3. All acts and parts of acts inconsistent with tbe provi- Repealing clause; 
sions of this act are hereby repealed, and this act shall take e^eat^^^^H^^^^^ °^ 
upon its passage. 

[Approved February 21, 1917.] 



470 Chapter 23. [1917 

CHAPTER 23. 

AN ACT TO AMEND CHAPTER 63 OF THE LAWS OF 1915 RELATING TO 
INSURANCE BROKERS. 



Section 

1. The term defined. 



Section 

2. Repealing clause; takes effect on 
passage. 



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

The t«rni defined. SECTION 1. Amend sectioii 4 by adding the following : The term 
broker in this act shall include any person, partnership, association 
or corporation, who shall act or aid in any manner in the negotia- 
tion of insurance effective in this state, or shall solicit or receive 
any risk or application for such insurance, in any company for 
which such person, partnership, association or corporation is not 
licensed as an insurance agent by the insurance commissioner of this 
state, or who shall receive money or value therefor, so that said 
section as amended shall read as follows : Sect. 4. No license un- 
der this act shall be required for salaried office clerks of insurance 
agents covering acts performed within the offices of such agents. 
The term broker in this act shall include any person, partnership, 
association or corporation, who shall act or aid in any manner in 
the negotiation of insurance effective in this state, or shall solicit 
or receive any risk or application for such insurance, in any com- 
pany for which such person, partnership, association or corporation 
is not licensed as an insurance agent by the insurance commissioner 
of this state, or who shall receive money or value therefor. 
Repealing clause; Sect. 2. All acts OT parts of acts inconsistent with the provisions 
takes effect on ^f ^j^jg ^ct are hereby repealed and this act shall 4^ke effect upon 
its passage. 

[Approved February 21, 1917.] 



1917] 



Chapters 24, 25. 
CHAPTER 24. 



471 



AN ACT PROVIDING FOR THE FURTHER INSTRUCTION OF PUPILS IN RURAL 

SCHOOLS. 



Section 

1. Privileges in districts not maintaining 
high school, to be extended two 
years beyond elementary course. 



Section 

2. Power to suspend for misconduct re- 

tained. 

3. Repealing clause; 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 school boards in districts in Privileges in dis- 
which there is no high school to provide for the further instruction ing high school, to 
of pupils for a period not exceeding two school years for those who years'^ beyond eTe" 
have completed the course of study prescribed for the elementary °ientary course. 
schools whenever such pupils or their parents or guardians desire 
such instruction. Provided, however, that nothing in this act shall 
be so construed as to prevent children whose parents or guardians 
reside in such districts from enjoying all the privileges of attend- 
ance at high schools or academies in other districts as provided by 
chapter 96 of the session Laws of 1901 and amendments thereto. 

Sect. 2. Nothing in this act shall be so construed as to vitiate Power to suspend 

., p 111 liT- •^ s! ^ ^ £ for misconduct re- 

the power of a school board to dismiss a pupil from school tor gross tained. 
misconduct, or for neglect or refusal to conform to the rules of the 
school. 

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. 



takes effect on 
passage. 



[Approved February 21, 1917. 



CHAPTER 25. 



AN ACT IN AMENDMENT OF SECTION 4, CHAPTER 43 OF THE PUBLIC 
STATUTES, RELATING TO PUBLICATION OF VITAL STATISTICS IN 
TOV^NS. 



Section 1. 



Date for making return of vital statistics changed from March 1st to 
February 15th. 



Be it enacted hy the Senate and House of Eepresentatives in 
General Cmirt canvened: 

Section 1. Section 4 of chapter 43 of the Public Statutes is Date for making 

'^ p , , return of vital 

hereby amended by striking out the words "first day of March statistics changed 

„ , -, ,. , o -, ■ ,. ,, -I ^ha j_i from March 1st to 

in the first and second lines thereof and inserting the words nrteentn February isth. 



472 



Chapter 26. 



1917 



day of February, so that said section as amended shall read as 
follows: Sect. 4. Every town clerk shall annually, on or before 
the fifteenth day of February, furnish to the selectmen a transcript 
of his records of births, marriages, and deaths during the period 
prescribed by the registrar of vital statistics for the state, so that 
the same may be published with the reports of town officers. 

[Approved February 22, 1917.] 



CHAPTER 26. 



AN ACT PROHIBITING THE DEPOSIT OF GLASS AND OTHER MATERIAL ON 
PUBLIC HIGHWAYS AND BATHING BEACHES. 



Section 

1. Dejwsit in highway, etc., prohibit«d. 

2. Penalty. 



Section 

3. Takes effect on passage. 



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



DeiKisit in high- 
way, etc., prohib- 
ited. 



Penalty. 



Takes effect on 
passage. 



Section 1. No person shall throw or cause, suffer or allow to be 
thrown, placed or deposited any glass or fragments of glass, crock- 
ery or sharp metallic articles, such as tacks, brads, nails and spikes, 
on any public street or highway, or on a bathing beach or ap- 
proaches to the same. 

Sect. 2. A ny person found guilty of violating any of the provi- 
sions of this act shall be punished by a fine not exceeding twenty 
dollars, or by imprisonment not exceeding thirty days, or both. 

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

[Approved February 22, 1917.] 



1917] Chapters 27, 28. 473 

CHAPTER 27. 

AN ACT TO AMEND CHAPTER 94 OF THE LAWS OF 191.5 [ENTITLED] AN 
ACT FOR THE REIjIEF OP THE NEEDY BLIND. 



Section 

1. Length of residence regulated, to en- 
title blind person to aid. 



Section 

2. Takes effect on passage. 



real- 



Be it etiiObcted hy the Seimte and House of Representatives in 
General Court convened: 

Section 1. Amend said act by striking out section 2 and insert- Length of 
ing the following : Sect. 2. In order to receive relief under these entitfeTnid^ pe^ 
provisions, a needy blind person shall be a resident of the county son to aid- 
for one year and of the state for five years. 

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



[Approved February 22, 1917.] 



passage. 



CHAPTER 28. 



AN ACT IN amendment OF SECTION 1, CHAPTER 46, LAWS OF 1897, 
RELATING TO ITINERANT VENDORS. 



Section 

1. Term defined. 



Section 

2. Repealing clause; takes effect on 
passage. 



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

Section 1. Amend section 1, chapter 46, Laws of 1897, by in- Term defined, 
serting after the word "merchandise" in the fifth line of said sec- 
tion the words from stock or by sample for future delivery, and 
by striking out beginning in the fourteenth line of said section the 
words ''nor to hona fide sales by sample for future delivery," so 
that said section as amended shall read as follows: Section 1. For 
all purposes of this act the words ' ' itinerant vendors ' ' mean all per- 
sons, both principals and agents, who engage in a temporary or 
transient business in this state, either in one locality or traveling 
from place to place, selling goods, wares, and merchandise from 
stock or by sample for future delivery, and who, for the purpose 
of carrying on such business, hire or occupy any building or struc- 
ture for the exhibition and sale of such goods, wares, and merchan- 
dise. No itinerant vendor shall be exempt from the provisions of 
this act by reason of associating himself temporarily with any local 
dealer, trader, or merchant, or by conducting such temporary or 



474 



Chapter 29. 



1917 



Repealing clause; 
takes efftct on 
passage. 



transient business in connection with, or as a part of the business 
of, or in the name of any local dealer, trader, or merchant. The 
provisions of this act shall not apply to sales made to dealers by 
commercial travelers or selling agents, nor to hawkers or peddlers. 
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 Februai-y 22, 1917.] 



CHAPTER 29. 

AN ACT TO AMEND CHAPTER 5 OF THE PUBLIC STATUTES RELATING TO 
PUBLICATION AND DISTRIBUTION OF STATUTES, JOURNALS AND 
REPORTS. 



Section 








Section 


1. Repealing ch. 5, and amendment 


s. 


17. 


Manual: publication. 


1. 


[Of new act.] Session Laws; 


copy 


18. 


Distribution. 




furnished. 






19. 


Departmental and institutional re- 


2. 


Arrangement. 








ports; supervision. 


3. 


Publication. 






20. 


Financial statements. 


4. 


Paging. 






21. 


Annual and biennial. 


5. 


Index. 






22. 


Distribution. 


6. 


Title pages, etc. 






23. 


Special reports. 


7. 


Free copies. 






24. 


Law reports: publication. 


8. 


Distribution. 






25. 


Sale of copyright. 


9. 


Distribution of United States 


Laws 


26. 


Distribution. 




to towns and free libraries. 




27. 


State papers; governor and council 


10. 


Daily journals; 


publication. 






to publish. 


11. 


Session journals 


; copies furnished. 


28. 


Distribution. 


12. 


Arrangements. 






29. 


House and senate bills; printing. 


13. 


Publication. 






30. 


G. A. R. printing. 


14. 


Certification. 






2. R 


epealing clause; takes efifect on 


1.5. 


Title pages, etc. 








passage. 


16. 


Distribution. 











Repealing ch. 5, 
and amendraents. 



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

Section 1. Chapter 5 of the Public Statutes and all acts amend- 
atory thereto are hereby amended by striking out the whole of said 
chapter and acts and inserting in place thereof the following: 



Chapter 5, 
publication and distribution of statf. publications. 



Session Laws; 
copy furnished. 



Session Laws. 

Section 1. (Copy Furnished. "l The state reporter shall, within 
thirty days after the close of a session of the legislature, furnish 
the trustees of state institutions with a fair copy of the acts and 



1917] Chapter 29. 475 

resolves of such session, with marginal abstracts and annotations, 
in form and style like the Public Statutes, together with an index 
of the subjects embraced therein. 

Sect. 2. (Arrangement.) He shall arrange the public acts, Arrangement, 
joint resolutions, and private acts of each session under their appro- 
priate classifications in the order of approval by the governor, and 
number them as chapters consecutively beginning with number one. 

Sect. 3. (Publication.) The trustees of state institutions, im- Publication. 
mediately upon receipt of the copy from the state reporter shall 
cause to be printed and delivered to the secretary of state in the 
size, style and form of the session Laws of 1915, one thousand copies 
in pamphlet form and four hundred copies bound in law buckram. 

Sect. 4. (Paging.) The trustees of state institutions shall Paging, 
carry forward consecutively from session to session the numbering 
of the pages of the acts and resolves until the number of the last 
page for a session is six hundred or more, when the laws of the 
next session shall begin a new volume, to be paged in like manner. 

Sect. 5. (Index.) "Whenever a volume of six hundred pages index. 
or more of the acts and resolves is completed, as provided in the 
preceding section, the state reporter shall prepare and furnish to 
the trustees of state institutions a full and complete digested index 
of all the subjects embraced therein, like the index to the Public 
Statutes, and the trustees of state institutions shall cause the same 
to be printed at the end of the acts and resolves of the session 
completing the volume, paging it as a part thereof. 

Sect. 6. (Title Pages, etc.) The title pages of the acts and re- Title pages, etc. 
solves shall state the date of convening and of final adjournment 
of the legislative session. The name of the state, with a designa- 
tion of the session, shall be lettered on the backs of the volumes. 

Sect. 7. (Free Copies.) Immediately upon the close of a ses-Free copies, 
sion the governor and council shall cause to be printed and dis- 
tributed copies of the public acts and resolves in such manner as 
to them seems wise. 

Sect. 8. (Distribution.) The secretary of state shall deposit Distribution, 
in his office three copies of the printed acts and resolves of each 
session, and shall forthwith send one copy to each of the following 
named officers and bodies: To the governor; to each member of the 
council, senate and house: to each department and institution of 
the state for their use ; to each of the clerks of the senate and house ; 
to each justice of the supreme and superior courts ; to the clerk of 
the supreme court and each of the clerks of the superior court for 
the use of the court : to the clerk of each municipal court for the use 
of the court : to each judge of probate, register of probate, register 
of deeds, board of county commissioners, sheriff and solicitor; to 
each of the judges of the circuit court of the United States for the 
district of New Hampshire: to the clerk of said court for the use , 
of the court : to each free public library established under the laws 



476 



Chapter 29. 



[1917 



Distribution of 
United States 
Laws to towns 
and free libraries. 



of the state ; to the town clerks of such towns as have no free pub- 
lic library for the use of the town ; to the library of Congress and 
the department of justice of the United States ; to the state or terri- 
orial library of each state and territory in the United States. He 
shall deposit the residue in the state library. 

Sect. 9. (United States Laws.) The secretary of state shall 
send one copy of the laws of the United States which may come into 
his possession to each free public library in the state and to each 
town clerk of towns having no free public library. 



Daily journals: 
publication. 



Daily Journals. 

Sect. 10. (Publication.) The clerks of the senate and house of 
representatives shall cause to be printed in pamphlet form at the 
close of each legislative day seven hundred and fifty copies of the 
journals of their respective bodies and shall cause copies thereof to 
be distributed to those bodies on the morning of the succeeding 
legislative day before the session begins. Fifty of said copies shall 
be delivered to the state library each day. For the purpose of 
carrying out the provisions of this section the clerks are empowered 
to procure such stenogi-aphic and other clerical assistance as the 
president of the senate and speaker of the house of representatives 
may determine to be necessary. 



Session journals : 
copies furnished. 



Arrangements. 



Publication. 



Certification. 



Title pages, etc 



Session Journals. 

Sect. 11. (Copies Furnished.) The clerks of the senate and 
house shall within thirty days after the close of each session prepare 
and deliver to the trustees of state institutions certified copies of 
their respective journals, together with marginal abstracts and a 
digested index of the contents thereof. 

Sect. 12. (Arrangement.) They shall arrange the contents in 
as few paragraphs as are consistent with good taste and a proper 
understanding of the contents. The yeas and nays shall be ar- 
ranged in paragraphs, the yeas of each county forming a paragraph, 
and the nays the same. 

Sect. 13. (Publication.) The trustees of state institutions, im- 
mediately upon receipt of the copy from the clerks, shall cause to 
be printed and delivered to the secretary of staj:e, in the size, style 
and form of the journals of 1915, eight hundred copies in pamphlet 
form and two hundred copies bound in law buckram. 

Sect. 14. (Certification.) The secretary of state, immediately 
upon the receipt of the printed journals, shall furnish copies of his 
journal to the clerk of each house, and the clerk shall attest the 
same in writing as a true copy and file the same within ten days 
in the office of tlie secretary of state. 

Sect. 1.5. (Title Pages, etc.) The title pages of the journals 
shall state the date of convening and of final adjournment of the 



1917] Chapter 29. 477 

legislative session. The name of the state, with a designation of 
the session, shall be lettered on the back. 

Sect. 16. (Distribution.) The secretary of state, upon receipt Distribution. 
of the printed journals, shall send one copy thereof to each of the 
following named officers and bodies : To the governor ; to each mem- 
ber of the council, senate and house ; to each department and insti- 
tution of the state for their use ; to each of the clerks of the senate 
and house; to each free public library established under the laws 
of the state ; to the town clerks of such towns as have no free library 
for the use of the town ; to the library of Congress and the depart- 
ment of justice of the United States ; to the state or territorial 
library of each state and territory in the United States ; to such 
publishers of newspapers, requesting the same, as keep a file open 
to public use. He shall deposit the residue in the state library. 

Manual. 

Sect. 17. (Publication.) The secretary of state, under the di-^^*^°'i^': pubUca- 
rection of the governor and council, shall prepare a manual for each 
session of the general court, containing such matter as they think 
will be useful to the members and state officers, and shall have 
twenty-five hundred copies of the same printed and ready for dis- 
tribution as early in the session as practicable. 

Sect. 18. (Distribution.) The secretary of state shall send one Distribution, 
copy thereof to each of the following named officers and bodies: 
To the governor; to each member of the council, senate and house; 
to each department and institution of the state for their use ; to 
each of the clerks of the senate and house ; to each free public 
library established under the laws of the state ; to the town clerks 
of such towns as have no free public library for the use of the 
town ; to the state or territorial library of each state and territory 
in the United States. The residue he shall distribute as to him 
seems wise. 

Departmental and Institutional Reports. 



Sect. 19. (Supervision.) On or before October first of the year Departmental and 

tional re- 
supervision. 



of their date all departmental and institutional reports of the state portsr*"""*' ""^ 



shall be submitted to the governor and council for approval, and 
only such parts thereof shall be printed as the governor and council 
indicate. They shall designate the number of copies to be printed 
and the style of binding to be used, and may order any two or more 
reports dealing with related subjects to be bound together. 

Sect. 20. (Financial Statements.) No departmental or insti- Financial state- 
tutional report shall contain statements in detail of expenses or 
receipts, but the same shall be stated only by properly classified 
totals; provided, Jiowevcr, that all detailed statements of such ex- 



47$ Chapter 29. [1917 

penses and receipts shall be stated in the report of the state treas- 
urer. 

Annual and bien- Sect. 21. (Annual aud Biennial.) The following departmental 

'''''^- reports shall be issued annually and dated August 31 of each year : 

Secretary of state, state treasurer, bank commission, insurance com- 
missioner, public service commission, tax commission, and excise 
commission. All other reports shall be issued biennially and dated 
August 31 of the year preceding sessions of the legislature. 

Distribution. Sect. 22. (Distribution.) Each department and institution 

shall send one copy of their report, as soon as printed, to the fol- 
lowing officers and institutions: To the governor; to each member 
of the council, senate and house of representatives; to each free 
public library established under the laws of the state ; to each state 
or territorial library of each state and territory in the United 
States. The residue they shall distribute as to them seems wise. 

Special reports. Sect. 23. (Special Reports.) The governor and council may 
authorize the publication of such special reports of state officers 
and state institutions as they may deem necessary. 

Law Reports. 

Law reports; pub- Sect. 24. (Publications.) The decisions of the supreme court 

lication. ^j^^jj ^^ published in volumes entitled New Hampshire Reports. 

The size, style, and price of the volumes shall be prescribed by the 
justices of the court, but the price shall not exceed three dollars 
and fifty cents for a- volume in size and style like the thirteenth 
volume of New Hampshire Reports. A proportionate increase in 
price may be made for all increase of matter. 

Sale of copyright. Sect. 25. (Sale of Copyright.) The state reporter shall dispose 
of the copyright of the New Hampshire Reports as he shall deem 
expedient, or otherwise provide for their publication, and shall pay 
into the state treasury the net proceeds thereof after deducting the 
reasonable and necessary expenses of publication and sale. 

Distribution. Sect. 26. (Distribution.) The secretary of state shall purchase 

four hundred copies of each voluinc of the New Hampshire Reports 
as they are published, and shall st'iid one copy thereof to each of 
the following officers and bodies : To the justices and clerk of the 
supreme court; to the justices of the superior court: to the clerk 
of court of each county for use of the county : to the state re- 
porter; to each free public library established under the laws of 
the state; to the town clerk of each town having no free public 
library for the use of the town; to the department of justice at 
Washington, the clerk of the supreme court of the United States 
and the library of Congress: to judges and clerk of the circuit court 
of the United States for the district of New Hampshire : to the state 
or territorial library of each state and territory in th(^ TTnited 
States. He shall deposit the residue in the state library. 



1917] Chapter 29. 479 

State Papers. 

Sect. 27. (Authority.) The governor and council may author- state papers; goy- 
ize the secretary of state from time to time to collect, arrange, fo"p°ubHsh. '^'*""*'' 
transcribe, and publish such portions of the early state and pro- 
vincial records and other state papers of New Hampshire as they 
shall deem proper. Eight hundred copies of each volume shall be 
printed. 

Sect. 28. (Distribution.) On publication the secretary of state Distribution. 
shall send one copy to each of the following officers and bodies : To 
the governor and members of the council; to the judges of the 
supreme and superior courts; to each free public library in the 
state ; to the town clerks of towns having no free public library for 
the use of the town; to such other officers and bodies as the gov- 
ernor and council shall designate. He shall send fifty copies to 
the New Hampshire Historical Society and deposit the residue in 
the state library. 

House and Senate Bills. 

Sect. 29. (Printing.) The clerks of the house and senate shall House and^sraate 
cause to be printed seven hundred and fifty copies of every bill and 
joint resolution after its second reading and shall cause copies 
thereof to be distributed to those bodies as soon as expedient. Fifty 
of said copies shall be delivered to the state library. 

G. A. R. Printing. 

Sect. 30. (Authority.) The secretary of state shall, upon re-G. a. r. printing, 
quest of the assistant adjutant-general of the Department of New 
Hampshire, Grand Army of the Republic, issue his written order 
to the trustees of state institutions to execute and furnish said 
department with such numbers of general orders, reports, circulars, 
and other printed matter as may be required from time to time, to 
an amount not exceeding three hundred dollars in any one year. 

Sect. 2. All acts and parts of acts inconsistent with this act Re^pe^i^ng^ clause; 
are hereby repealed and this act shall take effect upon its passage, passage. 

[Approved February 27, 1917.] 



480 



Chapter 30. 
CHAPTER 30. 



1917 



AN ACT TO AMEND CHAPTER 168 OF THE PUBLIC STATUTES RELATING 
TO INSURANCE COMPANIES AND AGENTS. 



Section 

1. Liability of policyholder in mutual 

company. 

2. Reserve fund. 

3. Termination of policy by company. 

4. Investments and deposits to be in 

name of company. 



Section 

5. Directors of mutual company to fix 

dividends, and assessments, and 
classify risks. 

6. Commissioner to examine domestic 

company, when. 

7. Repealing clause; takes effect on 

passage. 



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



Liability of policy- 
holder in mutual 
company. 



Reserve fund. 



Section 1. Amend section 2 of said chapter by striking out the 
word ' ' such ' ' in the first line thereof and inserting in place thereof 
the words mutual fire insurance, and by adding at the end of said 
section the following: but such contingent liability of a member 
shall not be less than an amount equal to and in addition to the 
cash premium written in his policy, so that said section as amended 
shall read as follows : Sect. 2. Any mutual fire insurance company 
organized under the laws of this state, which charges a full cash 
premium, may limit the liability of policyholders to assessment by 
a stipulation in the policy, which shall have the same effect as a 
deposit note signed by the insured, but such contingent liability 
of a member shaU not be less than an amount equal to and in addi- 
tion to the cash premium written in liis policy. 

Sect. 2. Amend section 5 by striking out the whole of said sec- 
tion and by inserting in place thereof the following : Sect. 5. 
Every insurance company, other than life, organized under the 
laws of this state, which charges a full cash premium shall hold as 
a reserve fifty per cent, of the premiums written on unexpired 
risks running one year or less from date of policy and a pro rata 
amount of all premiums written on unexpired risks running more 
than one year from date of policy ; provided that such a company 
with respect to marine risks other than yearly risks and risks cov- 
ering more than one passage not terminated, shall hold as a reserve 
the full amount of premiums written in its unexpired policies. 

Sect. 3. Amend section 8 by adding at the end thereof the fol- 
pohcy by company. jQ^j^jjjg . jj^j^^j jjjy tendering to the insured under each policy a ratable 
proportion of the premium, so that said section as amended shall 
read as follows: Sect. 8. Any such company may terminate its 
policies by publishing a notice of the time when they will terminate, 
and by giving or mailing a like notice to each party insured, thirty 
days at least before the time fixed for such termination and by 
tendering to the insured under each policy a ratable proportion of 
the premium. 



Termination of 



1917] Chapter 30. 481 

Sect. 4. Amend said chapter by inserting the following in place investments and 
of section 9: Sect. 9. All investments and deposits of the funds naml'o'f c°oiS^i''y. 
of an insurance company organized under the laws of this state shaU 
be made in its corporate name, and no director or other officer 
thereof, and no member of a committee having any authority in the 
investment or disposition of its funds, shall accept, or be the bene- 
ficiary of, either directly or indirectly, any fee, brokerage, commis- 
sion, gift or other consideration for or on account of any loan, 
deposit, purchase, sale, payment or exchange made by or in behalf 
of such company, or be pecuniarily interested in any such pur- 
chase, sale or loan, either as borrower, principal, agent or bene- 
ficiary except that, if a policyholder, he shall be entitled to aU the 
benefits accruing under the terms of his contract. 

Sect. 5. Amend said chapter by inserting the following in place Directors of mn 
of section 10: Sect. 10. From time to time the directors of a e? divid™^ an^ 
mutual insurance company organized under the laws of this state cS^y^r^skg.^"^ 
may, by vote, fix and determine the percentage of dividend or 
expiration return of premium to be paid on expiring policies, and 
may classify its risks as to dividends and assessments. But policies 
insuring risks in this state in the same classification shall have an 
equal rate of dividend and an equal rate of assessment. 

Sect. 6. Amend section 16 of said chapter by inserting after Commissioner to 
the word "company" in the second line the words at least once in company ."^^en!" 
every three years, and, so that said section shall read as follows: 
Sect. 16. The commissioner shall make a personal examination of 
the affairs of a domestic insurance company at least once in every 
three years, and whenever thereto requested in writing by five or 
more policyholders of the company, setting forth. probable grounds 
for a belief that the company is insolvent or that there is gross 
waste, misconduct or negligence in the management of its affairs. 

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 passlge. ^'^ 
upon its passage. 

[Approved February 27, 1917.] 



482 



Chapter 31. 
CHAPTER 31. 



1917 



AN ACT TO ENCOURAGE THE REFORM OF JUVENILE OFFENDERS. 



Action 

1. "Juvenile" defined. 

2. Records of criminal proceeding 

be kept separate. 



Section 

3'. Records of criminal proceeding to be 
kept secret except in certain cases. 
4. Takes effect on passage. 



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



"Juvenile' 
fined. 



de- 



Records of crim- 
inal proceedings 
to be kept sepa- 
rate 



Section 1. The word "juvenile" in this act shall mean any boy 
or girl under the age of seventeen years. 

Sect. 2. The court records of criminal proceedings with refer- 
ence to juveniles in all courts in this state shall be kept in separate 
books and files from all other court records. 
Records of crim- Sect. 3. Neither the record of the arrest, trial or conviction of 

inal proceeding to 

be kept secret ex juvcnile oiienders, nor the fact of such arrest, trial or conviction, 

cept in certain i n i j • -ui • -j • i. • ^■ 

cases. shall be admissible in evidence or in any way shown in any action 

or proceeding of a criminal or civil nature, except during the 
period for which said juvenile offender has been placed on proba- 
tion by any court in the state or within two years after the dis- 
charge of any such juvenile offender from any institution to which 
he may have been committed by any court in the state ; and every 
such record of proceedings heretofore or hereafter entered or kept 
as aforesaid against any such juvenile shall become a sealed record 
and no longer accessible to any person, and shall remain in the cus- 
tody of the court wherein the same is of record, after the expiration 
of the period for which said juvenile has been placed on probation 
by any court, or the expiration of two years after the discharge 
of any such juvenile from an institution to which he may have 
been committed by any court, as the case may be. unless it shall 
be made to appear to said court that, prior to the expiration of 
said period of probation or the expiration of two years after the 
discharge of any such juvenile from any institution, as aforesaid, 
such juvenile shall have been convicted of an offense under the laws 
of this or any other state. 

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



[Approved February 27, 1917.] 



1917] Chapters 32, 33. 483 

CHAPTER 32. 

AN ACT IN AMENDMENT OF CHAPTER 164 OF THE LAWS OF 1911, SEC- 
TION 14 (e), AS AMENDED BY CHAPTER 145 OF THE LAWS OF 1913, 
SECTION 15, REGULATING THE ISSUE OF CAPITAL STOCK OF PUBLIC 
UTILITY CORPORATIONS. 

Section i Section 

1. New issue of common stock regrulated. I 2. Takes effect on passage. 

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

Section 1. Chapter 164 of the Laws of 1911, section 14 (e), as^^w iss^e^^f;'^'^';;: 
amended by chapter 145 of the Laws of 1913, section 15, is hereby lated. 
amended by adding at the end of said section the following : Any 
public utility which has preferred stock outstanding may, by ma- 
jority vote of the stockholders present and voting at a meeting duly 
called for the purpose, vote to offer a proposed new issue of its 
common stock proportionately to the holders of its common stock, 
unless the terms and conditions under which said preferred stock 
were issued entitle the holders thereof to participate in such new 
issue. 

Sect. 2. This act shall take effect upon its passage. pls^sage^^'^* '^^ 

[Approved February 27, 1917.] 



CHAPTER 33. 



AN ACT IN AMENDMENT OF CHAPTER 184 OF THE PUBLIC STATUTES, 
SECTION 3, RELATING TO TIMES AND PLACES OF HOLDING COURTS OP 
PROBATE. 

Skotion 1. Belknap County, second Tuesday of every month. 

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

Section 1. Chapter 184 of the Public Statutes is hereby f^^^^^^^ ^^°^^^^- 
amended by striking out the whole of section 3 of said chapter ando^ every month, 
inserting in place thereof the following : Sect. 3. For the county 
of Belknap, at Laconia, on the second Tuesday of every month. 

[Approved February 27, 1917.] 



484 



Chapters 34, 35. 
CHAPTER 34. 



[1917 



AN ACT RELATING TO THE TERM OP OFFICE OF THE SOLICITOR OF COOS 

COUNTY. 



Section 

1. Solicitor to , assume office January 
first. 



Section 

2. Repealing clause; takes effect on 
passage. 



Solicitor to assume 
office January first. 



Repealing clause; 
takes effect on 
passage. 



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

Section 1. The county solicitor of Coos county shall hereafter 
take his office on the first day of January next succeeding his elec- 
tion and shall hold the same for two years and until his successor 
is chosen and qualified. 

Sect. 2. So much of section 1, chapter 25 of the Public Statutes 
as is inconsistent herewith is hereby repealed and this act shall take 
effect upon its passage. 

[Approved February 27, 1917.] 



CHAPTER 35. 



AN ACT IN AMENDMENT OF SECTION 5 OF CHAPTER 165 OF THE PUBLIC 
STATUTES, LIMITING THE EXPENSES OF SAVINGS BANKS. 



Section 

1. Salaries and expenses limited, bow. 



Section 

2. Takes effect on passage. 



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



Salaries and ex- 
penses limited, 
how. 



TiikeK effect on 
passage. 



Section 1. That section 5 of chapter 165 of the Public Statutes 
be amended by substituting therefor the following: Sect. 5. The 
trustees shall annually establish the salary of the treasurer and of 
all other officers and employees of the bank. The total yearly ex- 
penses of the bank incurred by the trustees in its management, 
including salaries, shall not exceed three thousand dollars while 
the average amount of its deposits is five hundred thousand dollars 
or less ; and in no case shall they exceed the sum produced by adding 
to three thousand dollars two-fifths of one per cent, of the excess 
of deposits up to two million dollars, and one-fifth of one per cent, 
of the excess of deposits above two million dollars. 

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

[Approved February 27, 1917.] 



1917 



Chapter 36 
CHAPTER 36. 



485 



AN ACT IN AMENDMENT OF SECTION 20 OF CHAPTER 165 OF THE PUBLIC 
STATUTES IN REK(VTION TO THE EXAMINATION OF SAVINGS BANKS 
BY TRUSTEES. 



Section 

1. Examination by certified public ac- 
countant approved by the bank 
commissioners. 



SECTION 

2. Takes effect on passage. 



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



Section 1. That section 20 of chapter 165 of the Public Statutes Examination by 

certified public a 
countant approved 



be amended by adding thereto the following : Provided that if the ""''^"^ p""^''' "" 



trustees shall employ a certified public accountant, approved by missioners'^'^ *'°™ 
the board of bank commissioners, to make one examination each 
year, that examination and the publication of his report shall be in 
lieu of the semi-annual examinations of the trustees and the pub- 
lication of their reports; provided, however, that nothing in this 
act shall relieve the trustees of any responsibility as such trustees, 
as now required of them by law, so that said section as amended 
shall read as follows: 

Sect. 20. The trustees of every savings bank shall, in person or 
by a committee appointed from their board, make a thorough exam- 
ination of the affairs of the bank once every six months, and shall 
make and transmit to the bank commissioners, upon blanks fur- 
nished by them for the purpose, a report of such examinations forth- 
with after they are made, and shall publish a copy of such report 
in some newspaper published in the place where the bank is located, 
or, if there be no newspaper there, in a newspaper published at the 
place nearest thereto, and shall forthwith transmit to the bank com- 
missioners a copy of the newspaper containing such report. Pro- 
vided, that if the trustees shall employ a certified public accountant, 
approved by the board of bank commissioners, to make one exam- 
ination each year, that examination and the publication of his 
report shall be in lieu of the serai-annual examinations of the trus- 
tees and the publication of their reports; provided, however, that 
nothing in this act shall relieve the trustees of any responsibilit}^ 
as such trustees, as now required of them by law. 

Sect. 2. Tbis act shall take effect upon its passage. Jas'llge^^*^* *"" 



[Approved February 27, 1917.] 



486 



Chapters 37, 38. 
CHAPTER 37. 



[1917 



AN ACT TO EXEMPT PROM T.VXATION PROPERTY IN JAFFREY AND DUBLIN 
TO BE HELD FOR THE PUBLIC GOOD BY THE SOCIETY FOR THE PRO- 
TECTION OF NEW HAMPSHIRE FORESTS. 



Section 

1. Certain real estate of, exempt from 
taxation. 



Section 

2. Takes effect on passage. 



Certain real estate 
of, exempt from 
taxation. 



Takes effect on 
passage. 



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

Section 1. That real estate in the towns of Jaffrey and Dublin, 
located on Monadnock mountaui, 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 February 27, 1917.] 



CHAPTER 38. 



AN ACT TO PROVIDE FOR THE RECOGNITION OF THE SERVICES OF THE 
NEW HAMPSHIRE NATIONAL GUARD ON THE MEXIC.VN BORDER, IN 
RESPONSE TO THE CALL OF PRESIDENT WILSON JUNE 18, 1916 AND 
TO RAISE MONEY FOR THE EXPENSE THEREOF. 



Section 

1. Seven dollars per month to enlisted 

men, to be paid by state treasurer, 
and not subject to trustee process. 

2. $100,000 to be raised as special state 

tax for the foregoing. 



Section 

3. Governor and council authorized to 

borrow if need be. 

4. Governor authorized to draw warrant 

for payments. 

5. Takes effect on passage. 



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

Seven dollars per SECTION 1. In recognition of their services, the sum of seven 
SenINo\e""S dollars per month shall be paid, for each and everj' month of serv- 
and'not Sect^'i; icc, and a proportionate sum for each part of a month, to all en- 
trustee process, listed men of the National Guard of New Hampshire mustered into 
the federal service in response to the call of President Wilson June 
18th, 1916, who did service on the Mexican border, said service to 
date from mobilization at home stations or from date of enlistment 
subsequent to such mobilization to the date of honorable discharge, 
furlough to National Guard reserve, death, or mustering out of 
federal service. 

No money provided for in this section shall be subject to trustee 
process, and the money paid to each soldier shall be paid direct to 
him or his legal representatives. 



1917] 



Chapteb 39. 



487 



The state treasurer, with the advice and consent of the governor 
and council, shall have power to prescribe such regulations and 
forms, relating to the payment of the amount provided in section 
1, as he may consider advisable. 

Sect. 2. The sum of one hundred thousand dollars shall be $100,000 to be 
raised for the use of the state as a special tax, for the year 1917, sute^a'lvf fw'"the 
to meet the requirements of this act and the state treasurer is foregoing. 
hereby authorized and 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 in force made at the January session of the legis- 
lature of 1917, and the selectmen of such towns and places, and the 
assessors of such cities, are hereby directed to assess the sums speci- 
fied in said warrants, and cause the same to be paid to said treas- 
urer on or before the first day of December, 1917, and the state 
treasurer is hereby authorized to issue his extent for all taxes which 
shall remain unpaid on the date last mentioned. 

Sect. 3. Should the funds in the treasury not otherwise appro- Governor and 
priated, be insufficient or not immediately available for the pur- to^wrrow^'if" need 
poses of this act, the governor and council may, and are hereby^''- 
authorized to borrow on the credit of the state, said sum or such 
part of the same as may be necessary, on short time notes payable 
not later than January 1, 1918. 

Sect. 4. The governor is hereby authorized to draw his warrant Governor author- 

n 1 1 X a. J.1 ized to draw war- 

lor such sum or sums as may be necessary to carry out the pro- rant for payments. 
visions of this act. 

Sect. 5. This act shall take effect upon its passage. "^^^^^ l^^ct on 

[Approved February 27, 1917.] 



CHAPTER 39. 



AN ACT IN AMENDMENT OF CHAPTER 128, LAWS OP 1909, AS AMENDED 
BY CHAPTER 166, LAWS OF 1911, RELATING TO THE PAY AND EF- 
FICIENCY OF FOREST FIRE EMPLOYEES. 



Section 

1. Office of paid fire warden and depu- 
ties established. 



Section 

2. Compensation of owner, fighting for- 

est fire. 

3. Takes effect on passage. 



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

Section 1. Section 7 of chapter 128, Laws of 1909, as amended office of paid fire 
by chapter 166, Laws of 1911, is hereby amended by striking out tTeV^estabil^he^d^.^" 
the last sentence of said section after the words "forestry commis- 



488 Chapter 39. [1917 

sion and state forester," and substituting therefor the following: 
Any regularly paid forest fire warden, deputy forest fire warden, 
lookout watchman or fire patrolman may be directed and used by 
the district chief or the state forester on any state or municipal 
forestry work or other public w^ork when in the judgment of the 
state forester the safety of w^oodlands is not endangered thereby; 
so that said section 7 as amended shall read : Sect. 7. It shall be 
the duty of the forest fire warden and deputy fire w^arden to ex- 
tinguish all brush and forest fires occurring in his town, and either 
of them may call such assistance as he deems necessary to assist 
him in so doing, and may require the use of wagons, tools, horses, 
etc., for that purpose, but such authority shall not interfere with 
the authority of chiefs of city fire departments. If any person 
fails to respond to the w^arden's call for his assistance or the use 
of his property, he shall be fined not exceeding ten dollars for each 
offense. Forest fire wardens and deputy forest fire wardens in 
towns and unincorporated places shall be allowed for their services 
such remuneration as may be fixed by the forestry commission and 
the state forester. Any regularly paid forest fire warden, deputy 
forest fire warden, lookout watchman or fire patrolman may be 
directed and used by the district chief or the state forester on any 
state or municipal forestry work or other public work when in the 
judgment of the state forester the safety of woodlands is not en- 
dangered thereby. 
Compensation of Sect. 2. Sectiou 8 of chapter 128, Laws of 1909, as amended by 
iretl'&rt^'''^ chapter 166, Laws of 1911, is hereby amended by striking out the 
whole of the said section and substituting therefor the following: 
Sect. 8. Ownei*s of property required by the forest fire warden 
or deputy forest fire warden in the extinguishment of a forest or 
brush fire shall receive reasonable compensation tlierefor. In case 
the forest fire warden or deputy forest fire warden and the persons 
summoned to assist him or furnish the use of property shall fail 
to agree upon the terms of compensation, the dispute shall be re- 
ferred to the district chief, the state forester or the forestry com- 
mission for settlement, and the decision of the commission shall be 
final. 
Takes efifect on Sect. 3. This act sliall take effect upon its passage. 

)iassage. 

[Approved February 27, 1917.] 



1917 



Chapters 40, 41. 
CHAPTER 40. 



489 



AN ACT IN AMENDMENT OP CHAPTER 154 OF THE LAWS OF 1913, AS 
AMENDED BY CHAPTER 39 OF THE LAWS OF 1915, RELATING TO PAY- 
MENT OF CERTAIN MONEYS INTO THE STATE TREASURY. 



Section 

1. Funds derived from certain institu- 
tions to be for benefit of such. 



Section 

2. Takes effect on passage. 



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

Section 1. Amend section 2, chapter 154 of the laws of 1913 asF'^'^'^^ derived 

on r> 1 T p 1 1 ■ • p from certain insti- 

amended by chapter 39 oi the Laws oi 191o, by inserting after the tutions to be for 
word ' ' hospital, ' ' the words the state prison, so that said section as 
amended shall read as follows : Sect. 2. Moneys received by the 
state treasurer as provided in section 1 shall be available for the 
general revenue of the state, except as otherwise specifically pro- 
vided by law, and the full amount allowed for maintenance of 
each such institution and department shall be appropriated by 
each legislature for the biennial period next following; except that 
income from all sources except the state treasury derived by the 
state hospital, the state prison, the school for feeble-minded chil- 
dren, the industrial school, the state sanatorium, and the normal 
schools shall be available for the use of the institution at which it 
was derived, in addition to its general maintenance appropriation, 
to be paid out on the warrant of the governor. 

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



Takes effect on 
passage. 



[Approved March 1, 1917. 



CHAPTER 41. 



AN ACT IN AMENDMENT OF SECTION 3 OF CHAPTER 198 OF THE PUBLIC 
STATUTES RELATING TO TRUSTEES OP ESTATES. 



Section 

1. No surety required on bond of cor- 
poration acting as trustee, unless 
probate court requires it. 



Section 

2. Repealing 
passage. 



clause; takes effect on 



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

Section 1. Section 3 of chapter 198 of the Public Statutes is quired on bond of 
hereby amended by inserting after the word ''of" in the first line a^^tmstee^ unieM 
of said section the words, a corporation organized under the laws ^^-^e^g ®it.*'°^'^* '"*■ 



490 



Chapter 42. 



1917 



Repealing clause; 
takes effect on 
passage. 



of the United States and kaving its principal place of business in 
this state or, so that said section 3 as amended shall read as follows : 
Sect. 3. No sureties shall be required upon the bonds of a cor- 
poration organized under the laws of the United States and having 
its principal place of business in this state or of corporations organ- 
ized under the laws of this state and authorized to act" as trustees 
under judicial appointment, unless the judge of probate having 
jurisdiction of the trust shall deem sureties necessary, in which 
case he may require them. 

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 March 1, 1917.] 



CHAPTER 42. 



AN ACT PROVIDING FOR THE DISSOLUTION OF RELIGIOUS SOCIETIES. 



Section 

1. Two-thirds of qualified members may 

dissolve. 

2. Vote not effective until society con- 

veys its property. 

3. Property to be conveyed to other 

specified religious society. 



Section 

4. Clerk to file certificate with secretary 

of state. 

5. Repealing clause; takes effect ob 

passage. 



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



Two thirds of Section 1. Any religious society may, by vote of two-thirds of 

may'dissoWe.™^^'^^ the qualified members present and voting at a meeting legally called 

for that purpose, dissolve its corporate existence. 
Vote not effective Sect. 2. The dissolutiou of sucli religious society shall not be 
veys itrproperty" effective Until such socicty shall have conveyed and transferred all 

its property in accordance with a vote as hereinafter provided. 
Property to be Sect. 3. Such religious society may, by a two-thirds vote at a 

conveye^d to other meeting Icgallv Called for that purpose, vote to convev and transfer 

specified religious o o . x- r- 

society. all of its right, title and interest in and to all of its property, real 

and personal, including property and funds held by it in trust, to 
either the local church organization with which such society is 
affiliated, or to the general state organization of churches with 
which such society is affiliated , or, if there be no state organization, 
to any general organization of churches with which such society is 
affiliated ; provided always that the property so conveyed and trans- 
ferred shall be held and administered upon the same trusts, terms 



1917] Chapter 43. 491 

and conditions as it was held by the society making the conveyance 
or transfer. If money or other property shall be donated, devised 
or bequeathed to such religious society in trust for advancing its 
objects after its dissolution, the church or general body to which the 
said religious society conveyed and transferred its property prior 
to its dissolution becoming effective shall be entitled to receive and 
hold the said money or property, subject, however, to the terms, 
conditions and trusts imposed by the donor or testator. 

Sect. 4. Upon completion of all of the conveyances and trans- cierk^to^fiie^cerwfi- 
fers herein provided for, the clerk of the dissolved religious society of state. 
shall file in the office of the secretary of state a certificate setting 
forth the vote to dissolve and the fact that the conveyance and 
transfers have been made, to what church or organization they have 
been made, what property was conveyed and transferred and the 
date or dates when the several conveyances and transfers were 
made. 

Sect. 5. All acts and parts of acts inconsistent with this act are ^®jP®g^'^'g|^j*='^^^^ ^ 
hereby repealed, and this act shall take effect upon its passage. passage. 

[Approved March 1, 1917.] 



CHAPTER 43. 



AN ACT TO AMEND CHAPTER 78 OF THE LAWS OF 1913 RELATING TO 
THE LICENSING OF INSURANCE AGENTS. 



Section 

2. Repealing clause; takes eflfect on 



Section 

1. Commissioner i-o license agents, and 
limit authority. 

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

Section 1. Amend said chapter by inserting the following new Commissioner to li- 
section 2 and by renumbering the other sections accordingly : Sect, limit authority. 
2. The insurance commissioner is authorized, in his discretion, 
to issue insurance agents' licenses in which the authority of the 
agent is limited to the extent agreed upon with the company mak- 
ing application and set forth in the license. 

Sect. 2. All acts and parts of acts inconsistent with the provi- Repealing^ dause; 
sions of this act are hereby repealed, and this act shall take effect passage. 
upon its passage. 

[Approved March 7, 1917.] 



492 



Chapters 44, 45. 



[i9ri 



CHAPTER 44. 

AN ACT IN AMENDMENT OF SECTION 16 OF CHAPTER 287 OF THE PUB- 
LIC STATUTES RELATING TO THE PEES OF SHERIFFS FOR TRAVEL IN 
THE SERVICE OF PROCESS. 



Section 

1. Fee of ten cents per mile each way, 
not exceeding fifty miles. 



Section 

2. Takes eflfect on passage. 



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

Fee of ten cents SECTION 1. Amend that part of section 16 of chapter 287 of the 

per mile each way, . ^ • /v. p • • 

not exceeding fifty Public Statutes relating to the fees of sheriff for travel by striking 
out the words "six cents" as they appear therein and substituting 
therefor the words ten cents, so that as amended that part of said 
section shall read : For actual travel to serve any writ, notice, sub- 
poena process, or execution, to be reckoned from the place of service 
to the residence of the officer, in no case exceeding fifty miles, and 
for travel to attend any court, by the order thereof, to be reckoned 
from the residence of the officer to the court, each mile, each way,' 
ten cents. 

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

[Approved March 7, 1917.] 



Takes effect on 



CHAPTER 45. 



AN ACT IN amendment OF CHAPTER 285 OF THE PUBLIC STATUTES 
RELATING TO THE STATE PRISON. 



Section 

1. Employment of prisoners, and sale of 

prison product regulated. 

2. Employment of prisoners outside the 

prison. 



Section 

3. Repealing clause: 
passage. 



takes effect on 



Be it en-acted hij the Senate and House of Representatives in 
General Court convened: 



Employment of SECTION 1. Subdivisioii VI of sectiou 5 of chapter 285 of the 

sale of prison Public Statutes is hereby amended by adding thereto the following: 

product regulated. ^^ ^^ provide such Other employment for the prisoners as they may 

deem desirable; to organize, conduct and manage such industries 

as in their judgment may be best adapted to the needs of the prison 



1917] Chapter 45. ' 493 

and the prisonei's; and to provide machinery, tools, materials, sup- 
plies and other instrumentalities useful therein. As far as may be 
practicable, they shall dispose of the products of every prison in- 
dustry under their control and management to public institutions 
within the state ; so that said subdivision as amended shall read as 
follows : VI. To make contracts, if expedient, for the support and 
employment of the prisoners or any portion of them ; or to provide 
such other employment for the prisoners as they may deem desir- 
able; to organize, conduct and manage such industries as in their 
judgment may be best adapted to the needs of the prison and the 
prisoners; and to provide machinery, tools, materials, supplies and 
other instrumentalities useful therein. As far as may be prac- 
ticable, they shall dispose of the products of every prison industry 
under their control and management to public institutions within 
the state. 

Sect. 2. Subdivision I of section 7 of said chapter 285 is hereby Employment of 
amended by adding thereto the following : He may employ convicts fhe^prfso^n.**^**"^* 
outside of the prison walls, upon terms to be prescribed by the 
board of trustees of state institutions. A prisoner, while so em- 
ployed, or while going to or from the prison in connection with 
-such employment, shall be deemed to be in prison as far as all laws 
relating to escape, attempts to escape and aiding escape are con- 
cerned ; so that said subdivision as amended shall read as follows : 
I. To receive, safely keep, and employ in the prison all convicts 
pursuant to their sentence and until discharged according to law. 
He may employ convicts outside of the prison walls, upon terms 
to be prescribed by the board of trustees of state institutions. A 
prisoner, while so employed, or while going to or from the prison 
in connection with such employment, shall be deemed to be in prison 
as far as all laws relating to escape, attempts to escape and aiding 
escape are concerned. 

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. passage.^" 

[Approved March 7, 1917.] 



494 



Chapter 46. 
CHAPTER 46. 



[1917 



AN ACT TO AMEND CHAPTER 81, LAWS OF 1895, ENTITLED, AS AMENDED 
BY CHAPTER 80, LAWS OF 1913, "aN ACT TO REGULATE THE BUSINESS 
OF ASSESSMENT CASUALTY INSURANCE.'' 



Trust OT reserve 
fund to be depos- 
ited with the in- 
surance commis- 
sioner, instead of 
state treasurer. 



■Repealing clause 
takes effect on 
passage. 



Section 

1. Trust or reserve fund to be deposited 
with the insurance commissioner, 
instead of state treasurer. 



Sectiox 

2. Repealing clause; takes effect on 
passage. 



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

Section 1. Amend section 2 of said chapter, as inserted therein 
by chapter 27, Laws of 1911, and as amended by chapter 80, Laws 
of 1913, by striking out the word "treasurer" in lines three and 
five and substituting therefor the words, insurance commissioner, 
so that said section as amended shall read as follows : Sect. 2. Of 
the trust fund or reserve required to be accumulated and main- 
tained by the preceding section, such corporation shall deposit in 
trust with the insurance commissioner of this state before being 
licensed as aforesaid, and shall keep on deposit with such insurance 
commissioner securities at least equal in value to the amount which 
one assessment call upon its certificate or policyholders would pro- 
duce; 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 section 
shall not apply to any corporation which produces evidence satis- 
factory to the insurance commissioner that it is required by the 
law of its home state or country to keep on deposit, and that it has 
deposited, securities to a like amount with the treasurer or other 
public fiscal officer of such state or country. 

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



[Approved March 7, 1917. 



1917 



Chapter 47. 
CHAPTER 47. 



495 



AN ACT TO AMEND CHAPTER 7 OF THE PUBLIC STATUTES RELATING TO 
THE STATE HOUSE AND GROUNDS. 



Section 

1. Repealing P. S., ch. 7, and amend- 
ments. 
[Of new act.] The state house 

and grounds, custodians. 
Superintendent — appointment. 
Superintendent — removal. 
Superintendent — salary. 
Superintendent — duties. 
Superintendent — assistants. 
State library — care. 
Rooms in state house. 
Telephone service. 
Freight and express. 
Furniture. 



1. [< 



2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 



Section 

12. Repairs. 



Care and maintenance. 

Portraits, flags, busts and monu- 
ments. 

Appropriations for maintenance 
and care. 

Governor and council have general 
authority over state house privi- 



13. 
14. 



16. 



17. Rules and regulations. 

18. Penalty. 

2. Repealing clause ; takes effect on pass- 
age. 



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

Section 1. Chapter 7 of the Public Statutes and all acts amend- Repealing p. s., 

^ , . ch. 7, and 

atory thereto are hereby amended by striking out the whole of amendments. 
said chapter and acts and inserting in place thereof the following: 



Chapter 7. 
The State House and Grounds. 

Section 1. (Custodians.) The governor and council shall be The state house 
the custodians of the state house and grounds. ?od1ans°"°'^'' "'"'" 

Sect. 2. (Superintendent — Appointment.) The governor with superintendentr— 
the advice of the council shall appoint a superintendent of the state appointment. 
house and grounds, who shall hold his office for two years and until 
his successor is appointed. 

Sect. 3. ( Superintendent — Removal. ) The governor, with the superintendent^- 
advice of the council, may remove the superintendent after proper ^^^°"^^^- 
cause shown at a hearing, duly notified, and may appoint a suc- 
cessor for the unexpired term. 

Sect. 4. (Superintendent — Salary.) The salary of the superin- superintendentr— 
tendent shall be fixed by the governor and council. salary. 

Sect. 5. (Superin-tendent — Duties.) The superintendent shall, superintendents 
under the direction of the governor and council, have charge of all "^"**^^- 
matters relating to the care, maintenance and repair of the state 
house and grounds. 

Sect. 6. (Superintendent — Assistants.) The superintendent superintendents 
shall, under the direction of the governor and council, appoint such assistants. 
assistants as he may require, specify their work and fix their com- 
pensation. 



496 Chapter 47. [1917 



state library— Sect. 7. (State Library — Care.) The governor and council and 

*'*"■ the trustees of the state library may make a contract for the joint 

care, maintenance and repair of the state house and grounds and 
the state library building and grounds. In case such contract is 
made the superintendent shall, under the direction of the trustees 
of the state library, have charge of all matters relating to the care, 
maintenance and repair of the state library building and grounds. 
Rooms in state Sect. 8. (Rooms in State House.) The governor and council 

^°^^^- shall assign the rooms in the state house to the different depart- 

ments and may from time to time change such assignments as they 
deem best. They shall define the authority of the superintendent 
as their executive officer over said rooms. 
Telephone service. Sect. 9. (Telephone Scrvice.) The superintendent, under the 
direction of the governor and council, shall establish a telephone 
exchange in the state house with connections to all departments in 
that and the state library building. 
Freight and ex- Sect. 10. (Freight and Express.) The superintendent, under 
^^^^^' the direction of the governor and council, shall establish rules and 

regulations for the receipt and despatch of all freight and express 
to and from the different departments in the state house. 
Furniture. Sect. 11. (Fumiturc.) All fumiture bought for any of the 

departments shall be charged to the proper appropriation of that 
department and shall not be a charge upon any appropriation for 
the care, maintenance and repair of the state house. 
Repairs. Sect. 12. (Repairs.) "Whenever there is need of immediate re- 

pair of any portion of the state liouse, the governor and council may 
direct the superintendent to proceed with the same, the amount 
expended to be as reasonable as the exigencies of the case allow. 
Care and mainte Sect. 13. (Care and Maintenance.) The superintendent, under 
the direction of the governor and council shall procure the labor 
and supplies necessary for the care, maintenance, and repair of the 
state house. He shall require competitive bids for labor when so 
directed by the governor and council, and shall make requisition 
on the purchasing agent for all supplies to be purchased. 
Portraits, flags. Sect. 14. (Portraits, etc.) No portraits, busts, statues or other 
busu^and menu- ^y^j^gg ^^ ^ memorial nature shall be placed in the state house or 
grounds without the express consent of the governor and council. 
They shall locate and care for all flags, portraits, busts, monuments, 
etc., which now are or may be hereafter placed in the state house 
and grounds. 
Appropriations for Sect. 15. (Appropriations.) Appropriations for the state 
maintenance and ^^^^^ ^^^ grouuds shall be made uudcr the following heads : State 
House — Salaries; State House — Fuel, Light and Power — Water; 
State House — Incidentals and Repairs; State House — Telephone 
Service. The governor and council may transfer funds not needed 
in an appropriation to another appropriation if they consider that 
the best interests of the serWce demand it. 



nance. 



1917 



Chapter 48. 



497 



Sect. 16. (General Authority.) Whenever questions arise as to Governor and 
the rights and privileges of any department in the state house theerarautho^rlty^ovCT 
governor and council shall define such rights and privileges. j^^^^^ ^""^® ^'""'' 

Sect. 17. (Rules and Regulations.) The superintendent, under ruIps and reguia- 
the direction of the governor and council, shall establish rules and*'"**^- 
regulations for the use of the state house and grounds by the de- 
partments and the public and shall see that such rules and regula- 
tions are enforced. 

Sect. 18. (Penalties.) If any person shall do any act to injure Penalty, 
or deface the state house or grounds, shall use them for any other 
purpose than that for which they are intended or shall violate any 
of the rules and regulations established by the superintendent foj* 
their use, he shall be fined not exceeding twenty dollars. 

Sect. 2. All acts and parts of acts inconsistent with this act are Repealing clause; 
hereby repealed and this act shall take effect on its passage. p"a'ssag*ef^°* "° 

[Approved March 7, 1917.] 



CHAPTER 48. 

AN ACT m AMENDMENT OF SECTION 6, CHAPTER 159 OF THE PUBLIC 
STATUTEvS, RELATING TO GRADE CROSSINGS. 



Section 

1. Public service commission fo regulate 
blowing of whistle and ringing of 
engine bell at railroad crossings. 



Section 

2. Takes effect on passage. 



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



Section 1. Section 6, chapter 159 of the Public Statutes is Public service 
hereby amended by striking out the words "board of railroad com- u'l™^' w'owing^^of 
missioners" in the sixth line thereof and inserting in their place -ng'^o/ engfne^'beli 
the words public service commission, and by adding at the end of f^^J"'*''''"'''^ ^™*^ 
said section the following : and except, further, that the public serv- 
ice commission may, upon petition, authorize the whistle to be 
blown and the ringing of the bell to begin at a greater or less dis- 
tance than eighty rods from a grade crossing over a highway when- 
ever such change is for the public good and is not detrimental to 
public safety, so that said section as amended shall read as follows : 
Sect. 6. Whenever a locomotive approaches within eighty rods of 
a grade crossing over a highway, two long and two short whistles 
immediately following each other shall be given, and the bell shall 
be rung until the locomotive has passed the crossing, except that 



498 



Chapter 49. 



1917 



Takes effect on 



there shaU be no whistling at those crossings in cities and villages 
where the public service commission, upon petition, have decided 
that whistling is not necessary, and except, further, that the public 
service commission may, upon petition, authorize the whistle to be 
blown and the ringing of the bell to begin at a greater or less dis- 
tance than eighty rods from a grade crossing over a highway when- 
ever such change is for the public good and is not detrimental to 
public safety. 

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

[Approved March 7, 1917.] 



CHAPTER 49. 



AN ACT IN AMENDMENT OF SECTION 3, CHAPTER 29, LAWS OF 1893, 
AS AMENDED BY SECTION 1, CHAPTER 67, LAWS OF 1897, SECTION 1, 
CHAPTER 14, LAWS OF 1913, AND SECTION 1, CHAPTER 171, LAWS OF 
1915, RELATING TO HIGHWAY AGENTS. 



Section 

1. Highway agents to render statement 
of expenditures to the selectmen 
weekly. 



Section 

2. Repealing clause; 
passage. 



takes effect on 



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



Highway agents to SECTION 1. Sectiou 3, chapter 29, Laws of 1893, as amended by 
orexpendi\u^™''"o ^e'^tion 1, chapter 67, Laws of 1897, section 1, chapter 14, Laws of 
the selectmen 1913, and scctiou 1, chapter 171, Laws of 1915, is hereby amended 
by striking out the word ''monthly" in the next to the last line of 
said section and inserting in place thereof the word, weekly, so that 
said section shall read as follows : Sect. 3. At the annual election, 
each town shall elect by ballot one or more, not exceeding three, 
highway agents, who, under the direction of the selectmen, shall 
have charge of the construction and repair of all liighways and 
bridges within the town, and shall have authority to employ the 
necessary men and teams, and purchase timber, planks, and other 
material for construction and repair of highways and bridges, and 
they may remove gravel, rocks, or other materials from one part of 
the town to the other, doing no damage to adjoining land, for the 
purpose of grading or otherwise repairing the same. Or the town 
may vote at the annual election to instruct its selectmen to appoint 
an expert highway agent, who, under the direction of the select- 
men, shall have the same power and perform the same duties as a 



1917 



Chz\pter 50. 



499 



highway agent if elected by said town. 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 discharge of their duties generally. The compen- 
sation of said agents shall be fixed by the town or selectmen, and 
they shall render to the selectmen weekly statements of their 
expenditures and receive no money from the treasurer only on the 
order of the selectmen. 

Sect. 2. All acts or parts of acts inconsistent with this act areRppeaiinK clause; 
hereby repealed, and this act shall take effect upon its passage. 



takes effect on 
],iissage. 



[Approved March 7, 1917. 



CHAPTER 50. 

AN ACT PROVIDING FOR THE EXAMINATION AND REGISTRATION OF 

ARBORISTS. 



Section 


Section 


1. State forester to hold examination for 


4. state forester to issue certificates as 


arborists. 


registered arborists. 


2. Subjects included. 


5. Takes effect on passage. 


3. Qualifications of persons to be exam- 




ined. 





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

Section 1. The state forester, with the approval of the forestry state forester to 
commission, may hold examinations for arborists at such times as ^ °,!^arwTst^^*"°° 
in his judgment seem advisable. The time and place of holding 
such examinations shall be set forth by posting, letter or newspaper 
notice at least thirty (30) days prior to the date thereof. 

Sect. 2. The questions asked in such examinations shall be such Subjects included. 
as aim to inform the state forester of the special knowledge and 
fitness for the planting, improvement and care of trees possessed 
by persons taking any such examination. In preparing such exam- 
inations the state forester may include questions on diseases and 
insect enemies ^f trees, and upon request the state department of 
agriculture or the agricultural experiment station shall furnish 
information on which such questions may be based. 

Sect. 3. No individual shall be eligible to take such examina- Qualifications of 
tion unless such person has had special training or experience in amfne'd. '^ ^ ^^ 
the planting, improvement and care of trees and not until six 
months of actual experience in the practice of such work has been 
completed. 



500 



Chapter 51. 



[1917 



State forester to 
issue certificates 
as registered ar- 
borists. 



Takes effect on 
passage. 



Sect. 4. Any person who passes such examination to the satis- 
faction of the state forester shall !Te furnished with a certificate 
signed by the state forester stating that such person is a registered 
arborist, for such term or period as the state forester may deter- 
mine. It shall be a misdemeanor punishable by a fine of not over 
fifty dollars for any other person to use the term registered arbor- 
ist, as applying to his own name, in signatures or advertisements. 
Such certificates may be revoked by the state forester upon com- 
plaint and after a duly appointed hearing. 

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

[Approved March 7, 1917.] 



CHAPTER 51. 



AN ACT WITH REFERENCE TO THE SERVICE OF PROCESS. 



Section 

1. Process may be served on sheriff of 
one county by sheriff of another, 
or by his own deputy : and sheriff 
may serve process on Jiis own dep- 
uty. 



Section 

2. Repealing clause; 
passage. 



takes effect on 



Process may be 
served on sheriff 
of one county by 
sheriff of another, 
or by his own dep- 
uty ; and sheriff 
may serve process 
on his own deputy. 



Repealing clause; 
takes effect on 
passage. 



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

Section 1. Amend section 4 of chapter 212 of the Public Stat- 
utes, as amended by section 2 of chapter 52 of the Laws of 1905, 
by striking out the whole of said section and substituting in place 
thereof the following: Sect. 4. When the sheriff is a party or 
related to either party or interested in the suit, bill in equity or 
other process, the writ or other process in such action may be served 
by the sheriff or deputy sheriff of any other county or by a deputy 
of the sheriff of his own county; and the sheriff may serve writs 
or other process upon his own deputies, and the official bond of the 
sheriff's deputies shall protect him, the same as in other cases where 
he is not a party, and the bond of the sheriff shall protect his depu- 
ties on whom he may serve process. 

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 March 7, 1917.] 



V 



1917 



Chapters 52, 53. 
CHAPTER 52. 



501 



AN ACT IN AMENDMENT OF SECTION 2, CHAPTER 120 OF THE LAWS OP 
1909 RELATIVE TO SENTENCES TO THE STATE PRISON. 



Section 

1. Governor and couucil may deduct 
three days per month for good be- 
havior. 



Section 

2. Takes effect on passage. 



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

Section 1. Amend section 2, chapter 120 of the Laws of 1909 ^o^e'"?^^ and 

' ^ council may deduct 

by adding at the end thereof, the following : In cases of exception- three days per 
ally meritorious conduct, the governor and council may in likebthavior. 
manner issue such permit at a time in advance of the expiration 
of the minimum term of sentence to be computed by deducting 
therefrom not more than three days for each month of such mini- 
mum term of sentence. 



Sect. 2. This act shall take effect upon its passage. 
[Approved March 7, 1917.] 



Takes effect on 
passage. 



CHAPTER 53. 



AN ACT TO MAKE UNIFORM THE LAW OF ACKNOWLEDGMENTS OF 
DEEDS OR OTHER INSTRUMENTS TAKEN OUTSIDE THE UNITED 
STATES. 



Section 

1. Deeds, etc., may be acknovcledged be- 
fore ambassador, minister, envoy, 
etc. ; or consul, notary or commis- 
sioner having power. 



Section 

2. Certificate, vehat to contain. 

3. Form may be in conformity 

present form. 

4. Takes effect June 1, 1917. 



with 



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



Section 1. All deeds or other instruments requiring acknowl- Deeds, etc., may 
edgment, if acknowledged without the United States, shall be before "ambas^s*a- 
aeknowledged before an ambassador, minister, envoy or charge voy, ™c°ro7'con- 
d 'affaires of the United States, in the country to which he is accred- ^'|ggfj'n*g^\°avin^ 
ited, or before one of the following officers commissioned or ac-P""'^''- 
credited to act at the place where the acknowledgment is taken, 



502 Chapter 53. [1917 

and having an official seal, viz. : any consular officer of the United 
States; a notary public; or a commissioner or other agent of this 
state having power to take acknowledgments of deeds. 
Certificate, what Sect. 2. Evcry Certificate of acknowledgment, made without the 
to contain. United States, shall contain the name or names of the person or 

persons making the acknowledgment, the date when and place 
where made, a statement of the fact that the person or persons 
making the acknowledgment knew the contents of the instrument, 
and acknowledged the same to be his, her or their act ; the certifi- 
cate shall also contain the name of the person before whom made, 
his official title, and be sealed with his official seal and may be sub- 
stantially in the following form: 

( name of county ) . 

(name of city, province or other 

political subdivision). 

Before the undersigned (naming 

the officer and designating his official title) duly commissioned (or 
appointed) and qualified, this day personally appeared at the place 

above named (naming the 

person or persons acknowledging) who declared that he (she or 
they) knew the contents of the foregoing instrument, and acknowl- 
edged the same to be his (her or their) act. Witness my hand and 

official seal this day of , 19 ... . 

(name of officer). 

[seal] (official title). 

When the seal affixed shall contain the name or the official style 
of the officer, any error in stating, or failure to state otherwise the 
name or the official style of the officer, shall not render the certifi- 
cate defective. 
Form may be in Sect. 3. A Certificate of acknowledgment of a deed or other 
present fJrm."^ instrument acknowledged without the United States before any 
officer mentioned in section 1 shall also be valid if in the same form 
as now is or hereafter may be required by law, for an acknowledg- 
ment within this state. 
Takes effect .June Sect. 4. This act shall take effect June 1, 1917. 

1, 1917. 

[Approved March 7. 1917.1 



1917 



Chapter 54. 
CHAPTER 54. 



503 



iN ACT TO PROVIDE FOR THE UNION OF A MUTUAL SAVINGS BANK WITH 
A TRUST OR BANKING COMPANY OR OTHER SAVINGS BANK. 



Shction 

1. Superior court may permit consolida- 

tion ; petitioners, who may be. 

2. Order of n»tice; petition to be re- 

ferred to bank commissioners. 

3. Commissioners to determine certain 

facts. 

4. Commissioners may employ expert 

appraisers. 

5. Commissioners to report to court ; 

and decree thereon. 



Section 

6. Decree may be entered, when ; what 

to include. 

7. Unclaimed deposits to be held in 

trust five years. 

8. Decree as to winding up affairs of 

liquidating bank. 

9. Trust or banking company, and other 

savings banks defined. 
10. Repealing clause; takes effect on 
passage. 



Be it enucted by the Senate and House of Representatives in 
General Court co^nvened: 

Section 1. Any mutual savings bank incorporated under the superior court 
laws of this state, or a majority of the members thereof, and any ^^-^J't^on .'* pet", 
trust or banking company, or any other savings bank, incorporated t'^^ers, who may 
under the laws of this state, or a majority of the members or the 
holders of a majority of the stock thereof, may apply by petition 
to the superior court in the county in which either of said petition- 
ing corporations is located, or to any justice of said court in vaca- 
tion, for a decree of said court authorizing a union of said savings 
bank with said trust or banking company, or with another savings 
bank, and a dissolution of said first named savings bank in the man- 
ner hereinafter provided. 

Sect. 2. When any such petition shall be so filed, said court, or order of notice; 
a justice thereof, shall fix a time for a hearing thereon, and after ferred^to^^bank'^^ 
due notice thereof to all parties interested by publication, and such commissioners. 
other notice as the court may order, and after hearing upon said 
petition said court shall refer said petition to the board of bank 
commissioners for said state for the determination of the questions 
of fact raised by said petition as hereinafter provided. 

Sect. 3. Upon reference of said petition to said board of bank commissioners to 

., V n 1 xi, jj. ii-ji, ji?j. J i.' determine certain 

commissioners, it shall be the duty oi said board, alter due notice facts, 
to all parties, or their attorneys of record who have caused their 
appearances to be entered on said petition in said court, and after 
hearing thereon : 

(1) To find whether the public convenience and advantage and 
the interest of said institutions, their members, stockholders and 
depositors, will be promoted by the proposed union. 

(2) To appraise the assets and ascertain the liabilities of said 
savings bank, and to determine the net value thereof for the pur- 
pose of liquidation, the total number of depositors therein, and the 
amount of their respective deposits, and upon said appraisal and 



504 Chapter 54. [1917 

findings to determine the proportionate share of the net deposits 
due such depositors. 

( 3 ) To report the expenses incurred in the conduct of said hear- 
ings and in making said appraisal and findings. 
Commissioners Sect. 4. Said bank commissioners in the making of said ap- 

™ert awra^sers. praisal may employ expert or other assistance at the expense of the 

petitioners. 
Commissioners to Sect. 5. The Said board of bank commissioners shall forthwith 
In^ decree *th^re- make a report to said court of its findings and determinations, and 
°°- upon due notice to all parties of record the said court shall there- 

upon enter a final decree upon said petition and report. 
Decree may be en- Sect. 6. If upou Said report it appears that the public conveni- 
Irfnciude!"' ^^^* euce and advantage and the interest of said several parties will be 
promoted by the action sought by said petition, then the court shall 
by decree fix a date upon which the funds of the depositors in the 
savings bank to be liquidated shall cease to draw interest and shall 
authorize the trustees or directors of said savings bank to sell and 
convey all of the assets of said savings bank to said trust or banking 
company or other savings bank at the value fixed by the appraisal 
of said board as hereinbefore provided, and to pay said depositors 
the several amounts found to be their due. Provided, hoiccver, 
that each depositor in said savings bank shall be given the option 
to receive from the proceeds of the sale of said assets the propor- 
tionate amount found to be his due in cash or instead thereof to 
accept a deposit book in said trust or banking company or other 
savings bank for the same amount without loss of interest. 
Unclaimed depos- Sect. 7. The court may order all unclaimed deposits and divi- 
trust^five^ yeart '" ^^uds to be deposited with said trust or banking company or other 
savings bank upon such terms, conditions and security as justice 
]nay require, there to remain for a jieriod of five years from the 
date of the decree of said court, unless sooner claimed, in which 
event the depositor may have his option to receive his deposit and 
accrued interest in money or take a deposit book in tlie trust or 
hanking company or other savings bank for the same amount with- 
out loss of interest. At the expiration of five years from the date 
of said decree, the bank commissioners shall make a report to the 
court, of the names and the residences, if known, of all persons then 
entitled to such unclaimed deposits or dividends, and the same 
shall be disposed of in the manner provided for the disposition of 
unclaimed dividends of insolvent institutions by section 12, chap- 
ter 68, Laws of 1911. 
Decree as 10 wind- Sect. 8. The court shall make all ether and furtliei- orders and 
Hqui dating bank" dccrecs in rcspcct to the winding up of the affairs of said liquidated 
savings bank and its dissolution that may be necessary for the pro- 
tection of all parties interested. 
conipanT, and '"'^ Sect. 9. The words "trust or banking company or other savings 
blfn'ks Xfined. bank" as used in this act, shall include any trust company, loan 



1917 



Chapter 55. 



505 



and trust company, or loan and banking company, or savings bank, 
or other corporation of similar character incorporated under the 
laws of this state. 

Sect. 10. All acts inconsistent with this are hereby repealed so Repealing clause: 
far as in conflict herewith, and this act shall take effect upon its passag^e/'^ 
passage. 

[Approved March 7, 1917.] 



CHAPTER 55. 

AN ACT TO PROVIDE FOR INDEMNIFYING A HOLDER OF WORTHLESS CHECK 

OR ORDER. 



Section 

1. Person knowingly passing worthless 
check, liable to arrest in civil ac- 
tion. 



Section 

2. Repealing clause; takes effect on 
passage. 



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



Section 1. Any person who makes or draws or utters or delivers person knowingly 
any check, draft or order for the payment of money upon any bankPfg'^^^°^i^^*'"*J'|^ 
or other depository, knowing at the time of such making, drawing, rest in civil action. 
uttering or delivery that the maker or drawer has not sufficient 
funds in or credit with such bank or other depository for the pay- 
ment of such check, draft or order in full upon its presentation, 
and which is not paid in full upon presentation shall be liable in 
an action based on this act to the person injured thereby and for 
want of property, the body of a person so making, drawing, utter- 
ing or delivering such check, draft or order may be attached. 

Sect. 2. Al} acts or parts of acts inconsistent with this act are Rgpej^ung clause; 
hereby repealed and this act shall take effect upon its passage. 



takes effect on 
passage. 



[Approved March 7, 1917. : 



506 



Chapter 56. 
CHAPTER 56. 



L1917 



AN ACT IN AMENDMENT OF SECTION 4, CHAPTER 255 OF THE PUBLIC 
STATUTES, ENTITLED "JUDGMENT AND EXECUTION," RELATING TO 
THE TRANSFER OF PRISONERS FROM THE STATE PRISON TO THE STATE 
HOSPITAL. 



Section 

1. Board of trustees of state institutions 
may transfer prisoners from state 
prison to state hospital when cause 
to believe such insane. 



Section 

2. Takes effect on passage. 



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



Amend section 4, chapter 255 of the Public Statutes, 

The board of trustees 



Board of trustees SECTION 1. 

tions may transfer by adding at the end thereof the following : 

st^te^'prfson"™ of statc institutions may, by majority vote, transfer to the state 

state hospital 
when cause to 
believe such in 
eane. 



Takes effect on 
passage. 



hospital temporarily, and for the purpose of observation, any pris- 
oner duly committed to the state prison, who may be suspected 
of insanity, so that said section as amended shall read as follows : 
Sect. 4. The governor and council or the supreme court may dis- 
charge any such person from prison, or may transfer any prisoner 
who is insane to the state hospital, to be there kept at the expense 
of the state, whenever they are satisfied that such discharge or 
transfer will be conducive to the health and comfort of the person 
and the welfare of the public. The board of trustees of state 
institutions may, by majority vote, transfer to the state hospital 
temporarily, and for the purpose of observation, any prisoner duly 
committed to the state prison, who may be suspected of insanity. 
Sect. 2. This act shall take effect upon its passage. 



[Approved March 7, 1917. 



1917 



Chapter 57. 
CHAPTER 57. 



507 



AN ACT RELATING TO MUNICIPAL ACCOUNTS, AND TO REPEAL SECTIONS 
10, 11 AND 12 OF CHAPTER 16 OF THE PUBLIC STATUTES RELATING 
TO THE STATE TREASURER, AND SECTION 15 OF CHAPTER 43 OF THE 
PUBLIC STATUTES RELATING TO THE CHOICE AND DUTIES OF TOWN 
OFFICERS. 



Section 

3. Certain statutes repealed. 

4. Takes effect on passage. 



Section 

1. Municipal accounting officers to 

make annual return of transac- 
tions to tax commission. 

2. Commission to publish same, tabu- 

lated, annually. 



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

Section 1. The accounting officers of the several counties, Municipal ae- 
cities, towns, school districts, village precincts, and departments t°^i^ake^aMuar 
thereof, within the state shall on or before the first day of ^^arch^^*?J°g°^*^^^°^" 
in each year return to the tax commission summaries, on blanks commission. 
furnished by it, of uniform accounts prescribed by it showing the 
transactions of said counties and municipalities during their last 
fiscal year, and their condition at the close thereof. 

Sect. 2. The tax commission shall tabulate the information commission to 
contained in said summaries and publish the same as a part of its^J^Yed!^ In^uaiiy. 
annual report. 

Sect. 3. Sections 10, 11 and 12 of chapter 16 and section 15 Certain statutes 
of chapter 43 of the Public Statutes are hereby repealed. 

Sect. 4. This act shall take eifect upon its passage. '^assage!^^"^ ^^ 



[Approved March 7, 1917. 



508 



Chapter 58. 
CHAPTER 58. 



[1917 



AN ACT MAKING IT AN OFFENSE TO RIDE WITHOUT RIGHT ON CERTAIN 
CONVEYANCES UPON ANY RAILROAD IN THIS STATE. 



Section 

1. Prohibition of act, and penalty for 

violation. 

2. Officers may arrest upon view, with- 

out warrant. 



Section 

3. Takes effect on passage. 



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



Prohibition of act, 
and penalty for 
violation. 



Officers may ar- 
rest upon view, 
without warrant. 



Takes effect on 
passage. 



Section 1. Whoever, without right, rides or attempts to ride 
upon a locomotive engine, tender, freight car, caboose, or other 
conveyance not a part of a passenger train, upon any railroad in 
this state, shall be punished by a fine of not more than fifty dollars 
or imprisonment for not more than six months. 

Sect. 2. A sheriff, deputy sheriff, police officer or railroad po- 
lice officer, upon view of an offense described in section 1 of this 
act may, without warrant, arrest the offender and take him to the 
nearest police station or other place of lawful detention in the 
county where the offense was committed. 

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



[Approved March 7, 1917.; 



1917 



Chapter 5U. 



509 



CHAPTER 59. 

AN ACT TO AMEND CHAPTER 8 OF THE PUBLIC STATUTES RELATING TO 
THE STATE AND OTHER PUBLIC LIBRARIES. 



Section 


Section 


1. 


Repealing P. S., ch. 8, and amend- 


32. 


Vacancies. 




ments thereto. 


33. 


Qualifications. 


1. 


[Of new act.] State library; 


34. 


Removal. 




function. 


35. 


Compensation. 


2. 


Trustees, appointment. 


36. 


Organization. 


3. 


Trustees, tenure of office. 


37. 


Rules. 


4. 


Trustees, political faith. 


38. 


Secretary and clerical assistance; 


5. 


Trustees, compensation. 




compensation. 


6. 


Trustees, vacancies how filled. 


39. 


Secretary, duties. 


7. 


Trustees, removal. 


40. 


Commission to advise librarians or 


8. 


Trustees, general powers. 




trustees of free libraries as to 


9. 


Maintenance; appropriation for 




management. 




1916 available for 1917. 


41. 


Commission may hold institutes for 


10. 


Books and periodicals. 




librarians, etc. 


11. 


Rules and regulations. 


42. 


Commission may aid in establish- 


12. 


Librarian, appointment. 




ing free libraries. 


13. 


Librarian, tenure of office. 


43. 


Annual aid. 


14. 


Librarian, removal. 


44. 


Traveling libraries. 


15. 


Librarian, duties. 


45. 


Board of visitors. 


16. 


Librarian, salary. 


46. 


Library bulletin to be issued quar 


17. 


Librarian, assistants. 




terly. 


18. 


Legislative reference service. 


47. 


Commission to make biennial re- 


19. 


Depository for collection of books. 




ports. 




pamphlets, etc. 


48. 


Commission to have quarters in 


20. 


State publications. 




state library. 


21. 


Publications e.xchanged with other 


49. 


Legislative appropriations, how 




states and libraries. 




classified. 


22. 


Surplus state publications. 


50. 


Free public libraries ; status. 


23. 


Biennial reports. 


51. 


Maintenance. 


24. 


County reports to be sent to state 


52. 


Trustees, election. 




library. 


53. 


Trustees, eligibility. 


25. 


Town reports to be sent to state 


54. 


Trustees, organization. 




library. 


55. 


Trustees, vacancies. 


26. 


Educational publications to be filed 


56. 


Trustees, duties. 




with. 


57. 


Trustees, reports. 


27. 


Corporation reports to be filed with. 


58. 


Towns may make by-laws, for use 


28. 


Checklists used in presidential 




of libraries. 




election, copy to be filed with. 


59. 


State publications to be sent to 


29. 


State library building. 




free libraries. 


30. 


Public library commission ; estab- 


60. 


Penalties. 




lishment. 


2. Repealing clause; takes effect on pass- 


31. 


Appointment. 




age. 



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



Section 1. Chapter 8 of the Public Statutes and all acts amend- Repealing p. s., 
atory thereto are hereby amended by striking out the whole of ments thereto. 
said chapter and acts and inserting in place thereof the following : 



510 Chapter 69. [1917 

Chapter 8. 
state and other public libraries. 

State Library. 

state library; SECTION 1. (Functioii.) A State library shall be maintained for 

the use of the members of the legislative, executive and judicial 
departments of the state government and as a reference library 
for the use of every citizen of the state. 
Trustees, appoint- Sect. 2. (Trustces — Appointment.) The governor, with the 
advice and consent of the council, shall appoint three persons as 
trustees of the state library. 
Trustees, tenure Sect. 3. (Trustccs — Tenure of Office.) The present trustees of 
" ° '^^' the state library are hereby continued in office as trustees under 

this act until the expiration of their present terms. Their success- 
ors shall be appointed for three, four and five years respectively, 
and thereafter, upon expiration of terms, the appointment shall 
be for six years. All terms of office shall continue until successors 
have been appointed and have qualified. 
Trustees, political Sect. 4. (Trustces-^Political Faith.) No more than two of 
**'*'^" the trustees shall be of the same political party. 

Trustees, compen- Sect. 5. (Trustces — Compensation. "> The members of the trus- 
tees shall serve without compensation but their actual expenses, 
incurred in the performance of their duties, shall be paid by the 
state. 
Trustees, vacan- Sect. 6. (Trustecs — Vacancies.) Vacancies shall be filled by 
^'^ ^ ' the governor, with the advice and consent of the council, for the 
unexpired term. 
Trustees, removal. Sect, 7. (Trustccs — Rcmoval.) Upon reasonable cause shown, 
the governor, with the advice and consent of the council, may 
remove members of the trustees. 
Trustees, general Sect. 8. (Trustecs — General Powers.) Except as otherwise 
powers. provided by law the trustees shall have full power and authority 

as to all matters pertaining to the state library, its maintenance 
and use. 
Maintenance; ap- Sect. 9. (Maintenance.) Appropriations shall be made by 
me^avL'ii'abi/ for each legislature for the following items of maintenance for the 
^^^^- state library : Salaries, which shall include all payments for ex- 

penses incurred by the trustees, tbe state librarian and employees; 
Books, which shall include periodicals and the binding of books 
and periodicals ; Maintenance, which shall include all expenses 
necessary for the running of the state library, and the running 
and repair of the state library building. 

Appropriations made by the legislature of 1915 for state library 
department for the year ending August 31. 1917 (Laws of 1915, 
chapter 131, section 1), are hereby transferred to and become 
available for the use of the state library hereby establislu>d. 



1917] Chapter 59. 511 

Sect. 10. (Books and Periodicals.) The trustees shall pur- Books and period- 
chase such books and periodicals for the increase of the state "''''^' 
library as in their judgment will best increase its efficiency as a 
reference library in all departments of learning. 

Sect. 11. (Rules and Regulations.) The trustees shall make Rules and reguia- 
such rules and regulations as to the management and use of the *'°"^' 
state library as in their judgment will make it most efficient as 
a general reference library. 

Sect. 12. (Librarian — Appointment.) The trustees shall ap- Librarian, ap- 
point a state librarian to manage the affairs of the state library ^'''°*'"^''*' 
under their supervision. 

Sect. 13. (Librarian — Tenure of Office.) The term of office of Librarian, tenure 
said state librarian shall be three years but he shall continue to "^ °^'^^' 
serve until his successor is appointed. 

Sect. 14. (Librarian — Removal.) The Trustees may remove Librarian, 
the state librarian for reasonable cause shown. removal. 

Sect. 15. (Librarian — Duties.) The trustees shall specify the Liorarian, dmies. 
duties of the state librarian and may delegate such of their powers 
to him as in their judgment will be for the best interests of the 
state library. He shall act as secretary of the trustees. 

Sect. 16. (Librarian — Salary.) The salary of the state libra- Librarian, salary. 
rian shall be fixed by the trustees, subject to the approval of the 
governor and council. 

Sect. 17. (Librarian — Assistants.) The trustees shall allow Librarian, 
the state librarian to employ such assistants in the work of the '^^^'^ 
library, and at such compensation, as the governor and council 
may approve. 

Sect. 18. (Legislative Reference Service.) The trustees shall ^^''^■^'*''^? ^®^®'" 

\ ^ _ ' once service. 

establish within the state library such catalogues and collections 
as in their judgment will make it most serviceable in matters of 
legislation. 

Sect. 19. (Deposit of Collections.) The trustees may become Depository for 
custodians for the state of collections of books, pamphlets, maps, books, period- 
manuscripts and other material upon such terms and under such '^^ ^' ^ **■ 
regulations as to them seem just. 

Sect. 20. (State Publications.) The public printing commis- state publications. 
sion shall cause to be delivered to the state library, immediately 
upon publication, eighty copies of all reports of state departments 
and institutions, legislative bills, and all other state publications, 
except session laws, journals and state papers, bound in the usual 
form, the same to be in addition to the number ordered by the 
departments. 

Sect. 21. (Exchange of Publications.) The trustees may make Publications ex- 
such agreements for the exchange of the publications of this state other states and 
for those of other states, governments, institutions, libraries and 
persons as in their judgment will be for the interests of the state 
library. 



512 



Chapter 59. 



[1917 



Surplus state 
publications. 



Biennial reports. 



County reports to 
be sent to state 
library. 



Town reports to 
be sent to state 
library. 



Educational pub- 
lications to be 
filed with. 



Corporation re- 
ports to be filed 
with. 



Checklists used in 
presidential elec- 
tion, copy to be 
filed with. 



State library 
building. 



Sect. 22. (Surplus State Publications.) The trustees may dis- 
pose by sale or exchange, of all or any part of the surplus state 
publications deposited in the state library. Money from sales, 
after deducting all expenses incurred, shall be paid into the state 
treasury. 

Sect. 23. (Biennial Reports.) The report of the state librarian 
shall be made biennially as of August 31 preceding the sessions of 
the legislature, to the trustees, and they shall submit the same 
with their report to the governor. They shall cause a reasonable 
number of copies of the reports to be printed and distributed. 

Sect. 24. (County Reports.) Within thirty days after pub- 
lication the county commissioners of each county shall forward 
to the state library two copies of the report of the county for the 
previous fiscal year. 

Sect. 25. (Town Reports.) Within thirty days after publica- 
tion each city and town clerk shall forward to the state library 
two copies, to the New Hampshire Historical Society two copies, 
and to the New Hampshire Genealogical Society two copies, of 
the report of the city or town for the previous fiscal year. 

Sect. 26. (Educational Publications.) Within thirty days af- 
ter publication the head of each institution of learning in this 
state shall forward to the state library two copies, to the New 
Hampshire Historical Society two copies and to the New Hamp- 
shire Genealogical Society one copy of all books, pamphlets and 
periodicals published by the institution. 

Sect. 27. (Corporation Reports.) Within thirty days after the 
same are published officers of all corporations, both domestic and 
foreign, shall file in the state library copies of all printed reports 
as to the affairs of the corporation. 

Sect. 28. (Checklists.) Supervisors of towns and correspond- 
ing officers of cities shall, on or before January- 1, succeeding each 
presidential election hereafter, send to the state library a copy 
of the checklist used in said presidential election duly and prop- 
erly certified by said officers. 

Sect. 29. (State Library Building.) The trustees shall be the 
custodians of the state library building and grounds, maintain 
them in suitable repair and provide for keeping them in suitable 
condition at all times for the use of the state library and the 
supreme court. The state librarian shall be the executive officer 
of the trustees in the performance of these duties. The exclusive 
control of the supreme court rooms in the state library building 
shall be vested in the judges of the supreme court. 



Public Librarv Commission. 



Public library Sect. 30. (Establishment.) A board, consisting of four resi- 

e«t"biirhment. dcuts of the state and the state librarian, ex officio, is hereby 



1917] Chapteir 59. 613 

established under the name of the Public Library Commission of 
New Hampshire. 

Sect. 31. (Appointment.) Upon the passage of this act the Appointment. 
governor, with the advice and consent of the council, shall appoint 
four residents of the state to serve one, two, three and four years 
respectively upon said commission, and thereafter, upon the ex- 
piration of terms, the governor, with the advice and consent of 
the council, shall appoint a successor for a term of four years. 
Members shall serve until their successors are appointed and have 
qualified. 

Sect. 32. (Vacancies.) Vacancies in said commission shall be vacancies, 
filled by appointment by the governor, with the advice and con- 
sent of the council, for the unexpired term. 

Sect. 33. (Qualifications.) Two members of the commission Qualifications, 
shall be appointed from each of the two leading political parties. 
Women may be appointed as members. 

Sect. 34. (Removal.) The governor, with the advice and con- Rpj^^vai. 
sent of the council, may remove any member of the commission, 
after proper cause shown at a hearing, duly notified, and may 
appoint a successor for the unexpired term. 

Sect. 35. (Compensation.) No member of the commisssion compensation. 
shall receive compensation for his services but his actual expenses 
when in the discharge of his duties shall be paid out of the gen- 
eral fund. 

Sect. 36. (Organization.) The board shall organize by the organization, 
election of a chairman and the appointment of such committees 
as it deems advisable. 

Sect. 37. (Rules.) The commission may adopt such rules and Rules, 
regulations for its government as may best suit the purposes for 
which it is appointed. 

Sect. 38. ( Secretary. ) The commission may employ a secre- secretary and 
tary and such clerical assistance as it deems advisable. Their p[f^pe^ns''at^on^°'^®' 
compensation shall be fixed by the commission and paid out of the 
genera] fund. 

Sect. 39. (Secretary — Duties.) The secretary's duties shall be secretary; duties. 
prescribed by the commission and may include the visiting of 
free public libraries of the state for the purpose of giving aid and 
advice toward their development. 

Sect. 40. (General Duties.) The librarian or trustees of a free commission to 
public librarv mav ask said commission for advice in regard to advise librarians 

, ' "^ . "or trustees of 

the selection anti cataloguing of books and anv other matters per- free libraries as 

. . . .. .' oTi T^'^ management. 

taming to the maintenance and administration ot a library, and 
said commission shall give such advice in regard to such matters 
so far as it finds it practicable to do so. 

Sect. 41. (Institutes.) For the purpose of rendering assist- commission mav 
ance to the librarians of free public libraries, said commission mav I^?''' institutes for 

. ^ . ' . • librarians, etc. 

annually hold a school of instruction, at such time and place as 



514 



Chapter 59. 



1917 



Annual aid. 



may best serve the public interest. The trustees of free public 
libraries are empowered to pay the necessary expenses of their 
librarians in attending such school of instruction out of the library 
fund. 
Commission may Sect. 42. (Aid to Establishment.) The commission is hereby 
fn*^ freeifbraries authorized to expend, upon the application of any town having no 
free public library owned and controlled by the town, a sum not 
exceeding one hundred dollars for books for such town, qualifying 
under this section. Books so purchased shall be used for the pur- 
pose of establishing a free public library' in such town. No town 
shall be entitled to the benefits of this section until such town has 
established a free public library and provided for the maintenance 
thereof under this chapter, has voted to accept the provisions of 
this section and has provided in a manner satisfactory to the com- 
mission for the care, custody and distribution of the books to be 
furnished. The commission shall select and purchase all books 
provided for under this section. 

Sect. 43. (Annual Aid.) The commission may, in its discre- 
tion, assist free public libraries as follows : If the library trustees 
of a town, whose apportionment of the state tax is one dollar or 
less, satisfy the commission that the free public library in their 
charge is doing practical and efficient work for the public benefit 
and is rendering useful assistance to the public schools of the 
town, the commission may expend not exceeding one hundred dol- 
lars annually for the purchase of books for each of such libraries. 
No library shall be entitled to the benefits of this section unless 
it has complied with all provisions of this chapter with reference 
to free public libraries. 

Sect. 44. (Traveling Libraries.) The commission may estab- 
lish traveling libraries, purchase lx)oks and necessary equipment 
for the same, make necessary rules and regulations for the use 
thereof, and in all ways manage and control the same. Traveling 
libraries may be loaned by the commission to such schools, libra- 
ries, literary or other associations as shall conform to the rules 
and regulations made by it. 

Sect. 45. (Board of Visitors.) The commission may in its dis- 
cretion appoint one or more persons in each county as a board of 
visitors for such county. Visitors so appointed shall from time 
to time visit the free public libraries in the county and offer aid 
and advice in every way possible. 

Sect. 46. (Bulletin.) The commission shall issue a library 
bulletin four times in each year, which shall contain recommen- 
dations as to the best methods to be employed in library work, 
together with notes on library progress, and such other matters of 
general information relating to library work, and such indexes 
and other bibliographical matters designed to aid in the adminis- 
tration of public libraries in connection with the state library, as 



Traveling 
libraries. 



Board of visitors. 



Library buUptin 
to be issued 
quarterly. 



1917] Chapter 59. 515 

they may deem proper. Said bulletin shall be printed and dis- 
tributed under the direction of the commission, one copy being 
sent to each free public library in the state and to such other 
persons and libraries as the judgment of the board may suggest. 

Sect. 47. (Reports.) The commission shall make a biennial Commission to 
report of its doings to the governor, said report to be dated "ports.'^"""*' 
August 31 of the year preceding the legislative session and filed 
with the secretary of state by October 1 of the year of its date. 
One thousand copies of such report shall be printed a'nd one copy 
shall be given to each member of the legislature, one copy sent 
to each free public library in the state and the balance distributed 
as the commission shall deem wise. 

Sect. 48. (Quarters.) The trustees of the state library shall Commission to 
furnish suitable quarters in the state library building for the com- stale ubrlry'!^ "^ 
mission, its secretary and assistants. 

Sect, 49. (Appropriations.) The legislature, in making appro- Legislative 
priations under this free public library law shall designate them how "KmeT' 
as follows : For carrying out the provisions of section 42, Libra- 
ries — Aid to Establishment; For carrying out the provisions of 
section 43, Libraries — Annual Aid; For carrying out the provi- 
sions of section 44, Libraries — Traveling Libraries ; For carrying 
out the provisions of section 46, Libraries — Bulletin ; For carrying 
out the provisions of all other sections of the act. Libraries — Gen- 
eral Fund. 

Free Public Libraries. 

Sect. 50. (Status.) Every public library, established by a Free pubiiic 
town shall remain forever free to the use of every resident of the ' '"^'''*^' 
town wherein it is located. The words "public library" may be 
construed to include reference and circulating libraries, reading 
rooms, and museums regularly open to the public. 

Sect. 51. (Maintenance.) The selectmen in each town shall Maintenance, 
assess annually, upon the polls and ratable estates taxable therein, 
a sum to be computed at the rate of thirty dollars for every dollar 
of the public taxes apportioned to such town, and so for a greater 
or less sum. The town may raise a sum exceeding the amount 
aforesaid, which shall be assessed in the same manner. The sum 
so assessed shall be appropriated to the sole purpose of establish- 
ing and maintaining a free public library within such town. In 
towns where no town library exists, the money so raised shall be 
held by the library trustees and allowed to accumulate until such 
time as the town may vote to establish a library. 

Sect. 52. (Trustees — Election.) Except in cases where a free Trustees, election. 
public library has been acquired by the town, in whole or in part, 
by donation or bequest containing other conditions or provisions 
for the election of its trustees or for its care and management. 



516 



Chapter 59. 



1917 



Trustees, 
eligibility. 



Trustees, 
organization. 



Trustees, 
vacancies. 



Trustees, duties. 



Trustees, reports. 



Towns may make 
bylaws, for use of 
libraries. 



State publications 
to be sent to free 



libraries. 



which conditions have been agreed to by vote of the town, every 
town shall, at a duly warned town meeting, elect by ballot a board 
of library trustees, consisting of any number of persons divisible 
by three which the town may decide to elect. At the first election 
one-third of the trustees shall be elected for one year, one-third 
for two years, and one-third for three years, and thereafter one- 
third of the number annually for a term of three years, or until 
others are chosen in their places. 

Sect. 53. ■ (Trustees — Eligibility.) Any resident of the town, 
having attained the age of twenty-one years is eligible to election 
as trustee. Women may be elected to this office. 

Sect. 54. (Trustees — Organization.) The trustees, so elected, 
shall organize annually by the choice of a chairman and secretary 
from their own number. 

Sect. 55. (Trustees — Vacancies.) Whenever a vacancy shall 
occur in the board, the remaining members shall give notice of 
the fact in writing to the selectmen of the town, who shall proceed 
to fill such vacancy until the next annual town meeting. 

Sect. 56. (Trustees — Duties.) The trustees elected by the 
town shall have the entire custody and management of the free 
public library and all property of the town relating thereto ; and 
all money raised or appropriated by the town for its support and 
maintenance, and all money or property that the town may re- 
ceive by donation from any source, or by bequest, in behalf of said 
free public library, shall be placed in the care and custody of the 
board of trustees, to be expended or retained by them for and in 
behalf of the town for the support and maintenance of its free 
public library, in accordance with the conditions of each or any 
donation or bequest accepted by the town. 

Sect, 57. (Trustees — Reports.) The trustees shall make an 
explicit report to the tOAvn at each annual town meeting of all 
their receipts and expenditures, and of all the property of the 
town in their care and custody, including a statement of any 
unexpended balance of money they may liave, and of any beqiiests 
or donations they may have received and are holding in behalf 
of the town, with such recommendations in reference to the same 
as they may deem necessary for the town to consider. They shall 
also make a report annually to the public library commission, 
showing to what extent the provisions of tlie foregoing sections 
have been complied with by the town. 

Sect. 58. (Government.) ToAvns may make by-laws for the 
care, protection, preservation and use of the free public library 
in the town. The trustees of such library may make rules and 
regulations for the government thereof not inconsistent with said 
by-laws. 

Sect. 59. (State Publications.") The secretary of state shall 
send copies of the following state publications to each free publi;' 



1917] Chapter 60. 517 

library in the state as soon as issued ; session laws, journals of the 
kouse and senate, law reports, state papers, and manuals and an- 
nual department reports. 

Sect. 60. (Penalties.) Any town or library official violating Penalties, 
any of the provisions of sections 50 to 60 inclusive of this act shall 
be fined not more than five hundred dollars. Whenever there 
shall be available in any town for the purpose of maintaining a 
free public library an annual income which alone or with the town 
appropriation shall equal the amount required to be raised by that 
town annually, then the town officials shall be exempt from the 
provisions of this section so far as it relates to the enforcement of 
the provisions of section 51 of this act. "Whenever a town having 
no town library, and having made no assessment under the provi- 
sions of this act, shall vote that it is inexpedient to establish a 
library, such action having been taken under a special article in- 
serted in the warrant for the annual town meeting, then the of- 
ficials of such town shall be exempt from the provisions of this 
section for one year thereafter. 

Sect. 2. All acts and parts of acts inconsistent with this act are Rgpeaiin clause- 
hereby repealed, and this act shall take effect on its passage. takes effect on 

[Approved March 7, 1917.] 



CHAPTER 60. 



AN ACT IN AMENDMENT OF SECTION 4, CHAPTEK 43, LAWS OF 1901, 
ENTITLED "aN ACT TO REGULATE THE SALE OF FERTILLZERS. " 

Section 1. Certain fertilizers to have nature of contents certified on outside of 

package. 

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

Section 1. Amend section 4 of said act by striking out the certain fertilizers 
entire section and inserting a new section to read as follows : con^eJts TenJ^ f 
Sect. 4. No person shall sell, or offer or expose for sale, in this packa'e'*'^ ^^ 
state, in any form as a fertilizer, any pulverized leather, hair or 
wool waste, raw, steamed or roasted, or peat, garbage tankage, 
or any inert material whatsoever, without an explicit printed cer- 
tificate of the fact conspicuously fixed to every package of such 
fertilizer. 

[Approved March 8, 1917.] 



518 



Chapter 61 



1917 



CHAPTER 61. 

AN ACT IN AMENDMENT OF THE LAWS OF 1909, CHAPTER 162, SECTION 
2, ENTITLED " AN ACT TO PROHIBIT THE MANUFACTURE AND SALE 
OF COCAINE AND ARTICLES CONTAINING COCAINE," AS AMENDED BY 
THE LAWS OF 1911, CHAPTER 7, AND BY THE LAWS OF 1915, CHAP- 
TER 160, AND PROVIDING FOR THE INSPECTION OF PRESCRIPTIONS IN 
CERTAIN CASES.* 



Section 

1. Selectmen or police may inspect pre- 
scriptions in drugstores. 



Section 

2. Repealing clause; takes effect on 
passage. 



Be it enacted hy the Senate and House of Repi-esentatives in 
General Court convened: 

Selectmen or SECTION 1. Amend Laws of 1909, chapter 162, section 2, as 

police may inspect ' 

prescriptions in amended by the Laws of 1911, chapter 7, and by the Laws of 1915, 
rugs ores. chapter 160, by adding at the end thereof the following : The 

chief of police of cities or the selectmen of towns, or any officer 
authorized by either of them, may at any time enter upon any 
premises used by an apothecary or druggist for the purpose of 
his business and inspect such original prescriptions ; and every 
apothecary or druggist, his clerk, agent or servant, shall exhibit 
to such officer on demand, every such original prescription so kept 
on file, so that said section as amended shall read as follows : 
Sect. 2. It shall be unlawful for any person, firm, or corporation 
to sell, exchange, deliver, expose for sale, give away, or have in 
his possession or custody with intent to sell, exchange, deliver, 
or give away, in any street, way, square, park, or other public 
place, or in any hotel, restaurant, liquor saloon, bar-room, pool- 
room, news stand, or other places to which persons are permitted 
generally to resort, public hall, place of amusement, or public 
building, any cocaine or any of its salts, or any synthetic substi- 
tute for the aforesaid, or any preparation containing any of the 
same, morphine, heroin, codeine, or any derivatives of the same ; 
provided, however, that the foregoing provisions shall not apply 
to sales to apothecaries, druggists, physicians, veterinaries, and 
dentists, nor to sales by apothecaries or druggists upon the orig- 
inal prescription of a physician, provided the prescription is re- 
tained and kept on file as authority for the sale and not refilled. 
The chief of police of cities or the selectmen of towns, or any 
officer authorized by either of them, may at any time enter upon 
any premises used by an apothecary or druggist for the purpose 
of his business and inspect such original prescriptions ; and every 
apothecary or druggist, his clerk, agent or servant, shall exhibit 



* Later amended, see ch. 192, pott. 



1917 



Chapter 62. 



519 



to such officer on demand, every such original prescription so 
kept on file. 

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



takes effect on 
passage. 



[Approved March 8, 1917. 



CHAPTER 62. 



AN ACT IN AMENDMENT OP CHAPTER 98, LAWS OF 1901^ AS AMENDED 
BY CHAPTER 138, LAWS OP 1915, RELATING TO ROADSIDE IMPROVE^ 
MENT. 



Section 

1. State forester may remove brush 
from roadside, when, and assess 
the cost against party leaving it 
there. 



Section 

2. Takes effect on passage. 



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



Section 1. Section 7 of chapter 98, Laws of 1901, as amended state forester may 
by chapter 138, Laws of 1915 is hereby amended by adding at the roTcSde'^^'^en,''™ 
end thereof the following : If any cut brush has been left within ag^^instTartv '"'* 
the limits of any public highway for a longer period than thirty leaving it there, 
days the state forester is hereby authorized to complete the re- 
moval or disposal of such brush and to assess the costs thereof 
against the person, firm, corporation or town authorizing or caus- 
ing such brush. If the said costs are not paid within a reasonable 
time they may be recovered in a legal action brought by order of 
the attorney-general upon complaint of the state forester; so that 
the said section 7 as amended shall read: Sect. 7. Mayors of 
cities, selectmen of towns, and county commissioners for unincor- 
porated places, shall annually during the months of August or 
September, and at other times when advisable, cause to be cut 
and disposed of from within the limits of the highway, all trees 
and bushes that cause damage to the highway, traveling public, 
or that are objectionable from the material or artistic standpoint. 
Shade and fruit trees that have been set out or marked by the 
abutting landowners or by 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 



520 Chapter 62. [1917 

beauty of the roadside ; and it shall be unlawful for anyone to 
deposit rubbish within the limits of the highway. 

Any young shade or ornamental tree planted within the limits 
of a public highway by the tree warden, or by any other person 
or persons, with the approval of the selectmen or the mayor, shall 
forthwith become the property of the town or city. Any young 
seedling tree or sprout left within the limits of the highway as 
specified in this section and designated by the tree warden to be 
preserved for its future value as a shade tree shall become the 
property of the municipality; provided, that the abutting land- 
owner, having been notified of the intention of the town to take 
and preserve such young tree or trees, shall have made no written 
objection to the tree warden within thirty days from the date of 
such notification. 

The selectmen of a town or the highway department of a city 
may contract with any owner of land abutting a public highway 
to cut, trim, and improve the roadside growth along said owner's 
property, and for all such work properly done in carrying out 
the provisions of this section and approved by the tree warden, 
may allow and cause to be paid to said owner such sums of money 
as in their judgment, with the advice of the tree warden, justly 
compensate the town or city in the improved condition of the road- 
side. 

On all state roads and trunk-line highways 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 provi- 
sions of this act as shall, in its judgment, seem for the best inter- 
ests 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. All trees or brush thus cut from within the limits of the 
highway shall be disposed of within thirty days from the cutting 
thereof. 

When any highway shall be laid out, damages may be assessed 
to the abutting owners to provide for the maintenance or planting, 
from time to time, within the limits of such highway, of such shade 
and ornamental trees as may be necessary for the preservation 
and improvement of such highway. Damages may be assessed to 
abutting owners on any existing highway upon petition therefor, 
and such proceedings had as in the layout of highways to provide 
for the maintenance and planting, from time to time, of such trees 
within the limits of such highways as may be necessary' for the 
preservation and improvement of the same. When such damage 
shall be assessed and paid, there shall be, in addition to the right 



1917 



Chapter 63. 



521 



of travel over such highway, a public easement to protect, pre- 
serve, and renew the growth thereon for the purposes aforesaid. 
If any cut brush has been left within the limits of any public 
highway for a longer period than thirty days the state forester 
is hereby authorized to complete the removal or disposal of such 
brush and to assess the costs thereof against the person, firm, 
corporation or town authorizing or causing such brush. If the 
said costs are not paid within a reasonable time they may be 
recovered in a legal action brought by order of the attorney- 
general upon complaint of the state forester. 

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



Takes effect on 
passage. 



[Approved March 8, 1917.] 



CHAPTER 63. 

AN ACT TO AMEND SECTION 2 OF CHAPTER 169 OF THE LAWS OF 1915, 
ENTITLED "aN ACT TO PREVENT CORRUPT PRACTICES AT ELECTIONS, 
AND TO REGULATE EXPENDITURES FOR POLITICAL PURPOSES AND PRO- 
VIDE FOR THE PUBLICITY THEREOF.'' 



Section 

1. Campaign contributions for trans- 
porting voters from home to polls 
and return, legalized. 



Section 

2. Takes effect on passage. 



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



Section 1. Amend section 2 of chapter 169 of the Laws of campaign contri- 
1915, entitled "An Act to prevent corrupt practices at elections, p^riing ^°[gi.^*°*" 
and to regulate expenditures for political purposes and provide ^^'J^^ an™re*turn 
for the publicity thereof, ' ' by adding at the end thereof the fol- legalized. 
lowing: (i)For transporting electors, who are in the town or 
city wherein they are entitled to vote, to and from the polls, so 
that said section as amended shall read as follows : Sect. 2. No 
political committee or candidate, for the purpose of aiding or pro- 
moting the success or defeat of any party, principle, measure, or 
person to be voted for at any election, shall give, pay, or contrib- 
ute, or promise to give, pay, or contribute, any money or thing 
of value whatsoever to any person whomsoever, except as follows : 

(a) For the transportation, housing and sustenance, and minor 
expenses strictly incidental to traveling, for members of such 
committee and for candidates, and for speakers procured by or 



522 



Chapter 64. 



1917 



Takes effect on 
passage. 



on bebalf of the committee or caadidate to speak at any rally or 
political meeting. 

(b) For the preparation, printing, and distribution by mail of 
letters, circulars, and other written or printed matter, and for 
the posting or distribution through any advertising or bill posting 
agency of posters, hand-bills, and other advertising matter. 

(c) For the rental of offices occupied by such committee or 
candidate, and telephone or telegraph tolls, and for the compen- 
sation of secretaries, stenographers, and other office employees. 

(d) For the rental of halls and other rooms for the holding 
of political meetings and rallies, at which political addresses are 
to be made or candidates are to be present. 

(e) For advertisements permitted by the provisions of this act. 

(f) For the payment of speakers. 

(g) For the salaries of political agents employed by the com- 
mittee or candidate to travel from town to town arranging for 
political meetings and rallies and doing lawful acts in advancing 
the objects of the committee or candidate, and for the canvassing 
of voters. 

(h) For contributions to local committees, 
(i) For transporting electors, who are in the town or city 
wherein they are entitled to vote, to and from the polls. 
Sect. 2. This act shall take effect upon its passage. 

[Approved March 15, 1917.] 



CHAPTER 64. 



AN ACT AMENDING CHAPTER 177 OF THE PUBLIC STATUTKS REFLATING 

TO GUARDIANS. 



Section 

1. Oath of oruardian to be filed in pro- 
bate court, before license to sell 
real estate is granted. 



Section 

2. Takes effect on passage. 



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



Oath of Ruardian SECTION 1. Amend scctiou 12. chapter 177, Public Statutes, by 
bate^ court,' before striking out the whole of said section and inserting in place 
istXisVaDte^d*' thereof the following section: Sect. 12. Before a license for sale 
of real estate shall be granted, the guardian shall take tlie follow- 
ing oath, before the judge or any justice of the peace, and shall 
file a certificate thereof in the probate office : 



1917 



Chapter 65. 



523 



I, A. B., guardian of C. D., etc., my ward, do solemnly swear 
that in disposing of the estate of my ward, for which I have 
applied for license, I will use my best judgment, and will exert 
my utmost endeavors that the same shall be sold in such manner 
as shall be of the greatest advantage to my ward, without any 
sinister or selfish views whatever. 

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

[Approved March 15, 1917.] 



Takes effect on 
passage. 



CHAPTER 65. 



AN ACT IN AMENDMENT OF CHAPTER 32, LA^VS OF 1911, RELATING TO 
THE PERPETUAL CARE OF CEMETERY LOTS. 



Section 

1. Judge of probate may make allow- 
ance from estate, for perpetual care 
of lot in which deceased is buried ; 
to whom to be paid. 



Section 

2. Takes effect on passage. 



Be it enacted hy the Senate and House of Representatives in 
General C&iirt convened: 



Section 1. Amend section 1, chapter 32, Laws of 1911, by judge of probate 
striking out the entire section and substituting the f oHowing : ^^/g !^.^^® e^Jtatl^ 
Section 1. Executors, administrators and trustees may pay, upon o7iom? whfch^d'e^ 
the order of the judge of probate, to cemetery corporations or to T'^wh^ J^o'^be '^"^ ' 
cities or towns, in which the testate or intestate have burial places, paid. 
a reasonable sum of money for the perpetual care of the lot in 
which the body of their testate or intestate is buried and the 
monuments thereon. The judge of probate shall determine, after 
notice to all parties in interest, to whom the same shall be paid 
and the amount thereof, if any, and such sum shall be allowed in 
the accounts of such executor, administrator, or trustee. 



Sect. 2. This act shall take effect on its passage. 
[Approved March 15, 1917.] 



Takes effect on 
passage. 



524 



Chapter 66, 
CHAPTER 66. 



[1917 



AN ACT AMENDING CHAPTER 4, SESSION LAWS OF 1895, RELATING TO 
THE SALE OF THE REAL ESTATE OF PERSONS DECEASED. 



Section 

1. Administrator to take oath before re- 
ceiving license to sell real estate; 
form of oath. 



Section 

2. Administrator may execute convey- 

ance, if sale is according to license 
and legal requirements. 

3. Takes effect on passage. 



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



Administrator to 
take oath before 
receiving license 
to sell real estate; 
form of oath. 



Administrator 
may execute con- 
veyance, if sale is 
according to li- 
cense and legal 
requirements. 



Takes effect on 
passage. 



Section 1. Amend chapter 4, session Laws of 1895, by striking 
out section 2 and substituting in place thereof the following : 
Sect. 2. That the administrator, before a license for sale of real 
estate at public auction shall be granted, shall take the following 
oath before the judge, any justice of the peace, or other officer 
authorized to administer oaths, and shall file a certificate thereof 

in the probate office. I do solemnly 

swear that in disposing of such estate of 

deceased as I may be licensed to sell, I will use my best judgment 
in fixing and advertising the time and place of sale, and will 
exert my utmost endeavor that the same shall be sold in such 
manner as will be of the greatest advantage to the persons inter- 
ested in said estate, without any sinister or selfish view or motive 
whatever. So help me, God. Before receiving a license to sell 
at private sale, the administrator shall take tlic foregoing oatli, 
omitting the words "in fixing and advertising the time and place 
of sale." 

Sect. 2. Amend chapter 4, session Laws of 1895, by striking 
out section 3 and substituting in place thereof the following: 
Sect. 3. The administrator, so authorized, having made oath and 
sold according to the terms of his license, may execute and de- 
liver a valid conveyafice of the estate to the purchaser. 

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



[Approved March 15, 1917.] 



1917 



Chapters 67, 68. 
CHAPTER 67. 



525 



AN ACT TO PREVENT THE POLLUTION OF THE WATER IN LOON POND IN 
THE TOWN OP HILLSBOROUGH. 



Section 

1. Fishing through the ice on Loon 
Pond, prohibited. 



Section 

2. Penalty. 

3. Takes effect on passage. 



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

Section 1. All persons are prohibited from fishing through the Fishing through 
ice on Loon Pond in the town of Hillsborough from the date of Pf^nd^*" prohibited, 
the passage of this act. 

Sect. 2. If any person shall violate the provisions of this act Penalty. 
he shall be punished by a fine of ten dollars for each offense. 

Sect. 3. This act shall take effect upon its passage. '^^^^'^ «^e°' on 

'^ re passage. 

[Approved March 15, 1917.] 



CHAPTER 



AN ACT RELATING TO ELECTION OF COUNTY OFFICERS FOR STRAFFORD 

COUNTY. 



Section 

1. County officers to take office .January 
first next after election. 



Section 

2. Repealing clause; takes effect on 
passage. 



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



Section 1. There shall be chosen at each biennial election, by County officers to 
ballot, by the inhabitants of the several towns in the county of uary Vst next 
Strafford qualified to vote for senators, a sheriff, a county so- ^"" "'"'="''''• 
licitor, a county treasurer, a register of deeds, a register of pro- 
bate, and three county commissioners, each of whom shall take 
his office on the first day of January next succeeding his election, 
and shall hold the same for two years and until his successor is 
chosen and qualified. 

Sect. 2. All acts and parts of acts inconsistent with this act Repealing clause: 
are hereby repealed and this act shall take effect with the term pa'^slge^^*'* *"' 
of said county officers elected in the year 1918. 

[Approved March 15, 1917.] 



526 



CHAPTERS 69, 70. 

CHAPTER 69. 



1917 



AN ACT IN AMENDMENT OF CH.4PTER 75 OF THE SESSION LAWS OP 1911 
REQUIRING THE USE OF UNDER-WATER EXHAUSTS OR MUFFLERS ON 
CERTAIN MOTOR BOATS. 



Section 

1. Boats having gas, gasoline or naph- 
tha power required to have under- 
water exhaust. 



Section 

2. Repealing clause; takes effect on 
passage. 



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

Boats having gas, SECTION 1. SectioD 1 of chapter 75 of the session Laws of 1911 

fha** power'^ re-^^ is hereby amended by striking out the entire section and substi- 

unSwate'i-''^^ tuting the following*^: Section 1. It shall be unlawful to use 

exhaust. wdthin the jurisdiction of this state a boat propelled, in w^hole 

or in part, by gas, gasoline or naphtha, unless the same is provided 

with an under-water exhaust or a muffler, so constructed and used 

as to muffle in a reasonable manner the noise of the explosion. 

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

are hereby repealed, and this act shall take etfect upon its passage. 



Repealin 
takes effect on 
passage 



[Approved March 15, 1917.] 



CHAPTER 70. 

AN ACT IN AMENDMENT OF CHAPTER 249. PUBLIC STATUTES:, ENTITLEH) 
"police OFFICERS AND WATCHMEN." 



Section 

1. Police may make local regulations 
for the standing of automobiles on 
the streets. 



Section 

2. Takes effect on passage. 



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

Police may make SECTION 1. Section 5 of said chapter 249 is hereby amended by 
fthe'^sl^lnding msertiug after the word "drays," in the second line of said see- 
the ^streets^''^^ **" ^^^"" ^^^ words public automobiles, so that said section as 
amended shall read : Sect. 5. The police officers of a town may 
make regulations for the stand of hacks, drays, public automo- 
biles and carts, in any street, lane or alley; for the height and 
position of any awning, shade or fixture in front of or near a 
building; and respecting any obstruction in any street, lane or 
alley, and the smoking of any cigar or pipe therein, or in any 



1917 



Chapters 71, 72. 



527 



stable or other outbuilding ; and for determining the time of night 
at which saloons, eating-houses and restaurants shall be closed, 
and prohibiting the keeping open such places on the Lord's day. 
Sect. 2. This act shall take effect on its passage. 

[Approved March 15, 1917.] 



Takes effect on 
passage. 



CHAPTER 71. 



AN ACT RELATING TO QUALIFICATIONS OF NOTARY PUBLIC. 



Section 

2. Repealing clause; takes eflfect on 



Section 

1. Woman of full age may be notary- 
public. 

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

Section 1. Any person whether male or female, but in all Woman of fuii 

. „ . age may be 

other respects except sex, qualmed to vote m town or city affairs notary public. 
may be appointed to the office of notary public. 

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

[Approved March 15, 1917.] 



CHAPTER 72. 



an act in amendment of section 20 of chapter 287 op the pub- 
lic STATUTES RELATING TO THE FEES OF JAILERS IN CERTAIN 

cases.* 



Section 

1. Jailers allowed three dollars per week 
for board and washing for prisoner. 



Section 

2. Takes effect on passage. 



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

Section 1. Amend section 20 of chapter 287 of the Public Jailers allowed 
Statutes by striking out the words ''two dollars and fifty cents" week fo°r bM^d^'^ 
as they appear therein and substituting therefor the words three pri'L^en'''"^ *" 
dollars, so that as amended said section shall read : Sect. 20. 



See also, chapter 77, post. 



528 



Chapter 73. 



1917 



Takes effect on 
passage. 



Jailers shall be entitled to the following fees: For receiving a 
prisoner into custody or discharging him, fifty cents. For the 
board of a prisoner, including washing, each week, three dollars. 
Sect. 2. This act shall take effect upon its passage. 

[Approved March 15, 1917.] 



CHAPTER 73. 



AN ACT TO AMEND CHAPTER 6 OF THE PUBLIC STATUTES RELATING 
TO THE PUBLIC PRINTER AND PUBLIC PRINTING. 



Section 



Repeals P. S., ch. 6, and amend- 
ments thereto. 
[Of new act.] Public printing, 

defined. 
Board of trustees for state institu- 
tions to order all public printing. 
May be placed without necessity of 
competitive bidding. Board may 
require bond. 



Section 

4. Board to fix and revise prices. 

5. Work to be done in N. H., if 

prices obtainable within schedule 
fixed by board, otherwise else- 
where. 

6. Board to purchase supplies for 

printing. 
2. Repealing clause; takes effect on 
passage. 



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



Section 1. Chapter 6 of the Public Statutes and all acts amend- 
atory thereto are hereby amended by striking out the whole of 
said chapter and acts and inserting in place thereof the following : 



Chapter 6. 



Public Printing. 

Public printing. SECTION 1. All printing, binding and blankbook making re- 
defined, quired by the several departments and institutions of the state, 
and paid for out of the state treasury, shall be termed public 
printing for the purposes of this act. 
Board of trustees Sect. 2. The board of trustees of state institutions shall have 
tions'\*o^order'*!rii ^^^® authority to coutract for said public printing, and all public 
public printing, printing shall be ordered through them. 

May be placed Sect. 3. Said board may contract with responsible parties, 

of*'competiti>r'*^ '^^ith or without competitive l)idding, as they may deem for the 
best interests of the state, for the public printing, adopting such 
policy in distributing contracts for work not offered for com- 
petitive bids as will l)e just and e<|uitnble to all printing offices in 
the state equipped to render satisfactory service. Bonds for the 
fulfillment of the terms of such contracts may bt^ rei^uired when- 



3mpetr 
bidding. Board 
may require bond. 



1917 



Chapter 74. 



529 



ever, in the opinion of said board, the interests of the state so 
require. 

Sect. 4. It shall be the duty of said board to establish fair ajid Board to fa and 
equitable schedules of maximum prices for printing in its various 
branches, and they shall revise said schedules on or before Octo- 
ber first of each year preceding the session of the general court. 
No contract for public printing shall be awarded at prices in 
excess of those established by such schedules. 

Sect. 5. Contracts for public printing shall be awarded to Work to be done 
parties who are residents of, and will do the work in New Hamp- prices obtainable 
shire, provided, that if any portion of said work cannot be pro- ^g^'^y^i,^®ard!^ 
cured in New Hampshire at the prices established by the schedules ^^^6^7'^^ ^'^ 
provided for in section 4, said board may invite competitive bids 
from, and contract for such work with, parties outside the state 
at not exceeding those prices. 

Sect. 6. Said board may purchase materials to be used in doing iBoard to •purchase 
the public printing, in such quantities and at such times as in prfnting. 
their opinion will best serve the interests of the state, and such 
materials so purchased shall remain in the custody of said board 
until required for use. 

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, pa'^ssage!^^*'* **° 

[Approved March 15, 1917.] 



CHAPTER 74. 



AN ACT IN AMENDMENT OF CHAPTER 125, LAWS OF 1907, RELATING TO 
THE TREATMENT AND CONTROL OP DEPENDENT, NEGLECTED, AND 
DELINQUENT CHILDREN. 



Section 

1. Dependent and neglected child under 
seventeen, may be committed to 
care of state board of charities, or 
proper society approved by the 
board. Expense to be borne by mu- 
nicipality chargeable for its sup- 
port. 



Section 

2. Repealing clause; 
passage. 



takes effect on 



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



Section 1. Amend section 13 of chapter 125, of the session Dependent and 
Laws of 1907, entitled, ''An Act to regulate the treatment and u^l^'^fevSen, 
control of dependent, neglected and delinquent children and to ^'^gare oTTtTt "^"^ 
provide for the appointment of probation officers, ' ' by striking ijoard of charities, 
out the whole of said section and inserting in place thereof the approved by the 



580 



Chapter 75. 



1917 



board. Expense 
to be borne by 
municipality 
chargeable for 
its support. 



Repealing clause ; 
takes effect on 
passage. 



following : Sect. 13. When any child under the age of seventeen 
years shall be found to be dependent or neglected within the 
meaning of this act, the court may make an order committing the 
child to the care of the state board of charities and correction or 
to some society or association embracing in its objects the purpose 
of caring for or obtaining homes for dependent or neglected chil- 
dren, and which has been approved by said board. The expense 
of the maintenance of such child shall be borne by the county, 
city or town legally chargeable for its support if it were a public 
charge, provided, however, that such expense for maintenance 
and care shall be first approved by the county commissioners, or 
overseers of the poor, of such county, city or town, and such 
county, city or town shall have a right of action over for such 
expense against the parent or guardian of such child. 

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 March 15, 1917.] 



CHAPTER 75. 



AN ACT IN AMENDMENT OF SECTION 3 OF CHAPTER 162 OF THB LAWS 
OF 1915, RELATING TO TRUST FUNDS HELD BY TOWNS AND CITIES.* 



Section 

1. Trust funds may be held by trustees 
in form of investment when re- 
ceived, until it matures. 



Skctiok 

2. Takes effect on passage. 



ment when re- 
ceived, until it 
matures. 



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

Trust funds may SECTION 1. Amend scctiou 3 of chapter 162 of the Laws of 
i^n fo^m^of*'inve^s^ l^l^' ^y inserting after the second sentence thereof a new sen- 
tence as follows: Said board of trustees may retain investments 
now held, and investments as received from donors, until the 
maturity thereof, so that said section 3 as amended shall read as 
follows : Sect. 3. Said board of trustees shall have the custody 
of all trust funds held by their respective town or city, including 
all trust funds held at the date of the passage of this act and 
hereafter received. Said funds shall be invested only by deposit 
in some savings bank in this state, or in state, county, town, city, 
and school district bonds and the notes of towns or cities in this 
state, and when so invested said trustees shall not be liable for the 



* Amended by chapter 171, post. 



1917 



Chapter 76. 



531 



loss thereof. Said board of trustees may retain investments now 
held, and investments as received from donors, until the maturity 
thereof. Such funds or the income thereof shall be expended 
only upon the joint action of the full board. The accounts of 
said board of trustees shall annually be audited by the auditor 
of the town or city, and the securities shall be exhibited to said 
auditor and he shall certify to the town or city the facts found 
by his audit and the list of all securities held, which report shall 
be printed in the annual report of each town or city. Said board 
of trustees shall annually submit to said auditor a detailed state- 
ment of the securities held by them and the particular trust to 
which they belong, and exhibit to him a statement of all receipts 
and expenditures with proper vouchers, which report of said trus- 
tees shall be printed in the annual report of each town and city. 
Said trustees shall keep a record of all trusts in a record book, 
which shall be open to the inspection of all persons in their re- 
spective town or city. 

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



Takes effect on 
passage. 



[Approved March 15, 1917.] 



CHAPTER 76. 



AN ACT IN AMENDMENT OF CHAPTER 164 OF THE LAWS OP 1911, AS 
AMENDED BY CHAPTERS 98, 99 AND 145, LAWS OF 1913, AND CHAP- 
TERS 52 AND 99, LAWS OF 1915, BEING AN ACT TO ESTABLISH A 
PUBLIC SERVICE COMMISSION. 



Section 

1. Ferry no longer deemed public utility 

subject to jurisdiction of public 
service commission. 

2. Commission may employ an assistant 

clerk. 

3. Commission may order illegal charge 

for fare or freight refunded, if 
made within two years. 

4. Commission may order joint service 

by two or more connecting tele- 
phone utilities. 



Section 

5. Commission may order railroad to 

construct spur track to private 
premises, when it unreasonably re- 
fmses so to do. 

6. Issuance of short term notes, bonds, 

etc., regulated by commission. 

7. Repealing clause; takes effect on 

passage. 



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



Section 1. Chapter 164 of the Laws of 1911, as amended by Ferry no longer 
chapters 98, 99 and 145, Laws of 1913, and chapters 52 and 99, utility subject to 
Laws of 1915, being an act to establish a public service com- pubuc'^se^^i^e 
mission, is hereby amended by striking out the words ^ ' ferry *'*''"™'*^'°°- 



532 Chapter 76. [1917 

or" in section 1 (c) of said chapter, so that said section 
1 (c) as amended shall read as follows: (c) The term "pub- 
lic utility" shall include every corporation and every company, 
association, joint stock association, partnership and person, 
their lessees, trustees or receivers appointed bj^ any court what- 
soever, except municipal corporations, owning, operating or man- 
aging any plant or equipment or any part of the same for the 
conveyance of telephone or telegraph messages or for the manu- 
facture or furnishing of light, heat, power or water for the public, 
or in the generation, transmission or sale of electricity ultimately 
sold to the public, or owning or operating any toll bridge, or 
owning or operating any steam or other power boat engaged in 
the common carriage of passengers or freight, provided, however, 
that no such corporation, company, association, joint stock asso- 
ciation, 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 associa- 
tion, partnership or person engaged in manufacturing and carry- 
ing 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 manufacturing establishment, or when such manu- 
facturing establishment may not be in operation. 
Commission may Sect. 2. Scction 2 (o) of said chapter 164, as amended, is 
aTdwk!° '*^^'**' hereby amended by inserting the words and an assistant clerk 
after the word "clerk" in the first line of said paragraph, and 
by inserting the words or assistant clerk after the word "clerk" 
in the third line of said paragraph, so that said section 2 (o) as 
amended shall read as follow^s : (o) The commission may employ 
a clerk and an assistant clerk, and any record, order, certificate, 
or other process, document, or paper issued or made by the com- 
mission may be signed by the clerk or assistant clerk, or by any 
commissioner. 
Commission may Sect. 3. Scctiou 11 (c) of Said chapter 164, as amended, is 
chtry'fof'fare or hereby amended by inserting before the w^ords "unjustly discrim- 
Irmade wHhTif *^'^' iiiatory " wherever they occur in said paragraph the words illegal 
two years. or, SO that Said section 11 (e) as amended shall read as follows : 

(e) 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 illegal or unjustly discriminatory rate, 
fare, charge or price has been collected for any service, the com- 



1917] Chaptek 76. 533 

mission 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 illegal 
or unjustly discriminatory amount, provided, however, that such 
order or reparation shall cover only payments made within two 
years before the date of filing the petition asking to have repara- 
tion ordered. Such order may be made without formal hearing 
whenever the railroad corporation 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 illegal or unjustly discrim- 
inatory. 

Sect. 4. Section 11 (f) of said chapter 164, as amended, is commission may 
hereby amended by inserting after the w^ords "railroad corpora- ^ce^"y\wo*or"^ 
tions" in the third line of said paragraph the following : or by two tXphonrSit. 
or more telephone utilities Avhose lines or wires form a continuous 
line of communication, or could be made to do so by the construc- 
tion and maintenance of suitable connections or by the joint use 
of equipment or the transfer of messages at common points, 
between different localities which cannot be communicated with 
or reached by the lines of either of such utilities alone, or by such 
lines and other lines with which suitable connections are main- 
tained, and by inserting after the words "railroad corporations" 
in the seventh and ninth lines of said paragraph the words or 
telephone utilities, so that said section 11 (f) as amended shall 
read as follows: (f) After a hearing and investigation, either 
upon complaint or on ils own motion, the commission may estab- 
lish jf int services to be participated in by two or more railroad 
corporations, or by two or more telephone utilities whose lines 
or wires form a continuous line of communication, or could be 
made to do so by the construction and maintenance of suitable 
connections or by the joint use of equipment or the transfer of 
messages at common points, between different localities which 
cannot be communicated with or reached by the lines of either 
of such utilities alone, or by such lines and other lines with which 
suitable connections are maintained, and may ascertain, determine 
and fix just and reasonable rates, fares, charges, prices, classifica- 
tions and rules and regulations relating thereto, w^hich shall there- 
after be demanded, collected, enforced and observed by such 
railroad corporations or telephone utilities. The commission may 
prescribe the division of such joint rates, fares, charges, prices 
and classifications between railroad corporations or telephone 
utilities joining in such services whenever such division shall not 
be made by agreement; and any division agreed upon shall be 
subject to revision by the commission if found to be inconsistent 
with the public interest, provided, that in establishing such 



534 



Chapter 76. 



1917 



Commission may 
order railroad to 
construct spur 
track to private 
premises, when 
it unreasonably 
refuses so to do. 



through route, the commission shall not require any railroad cor- 
poration, without its consent, to embrace in such route substan- 
tially 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 with another prac- 
ticable through route which could otherwise be established. 

Sect. 5. Section 11 of said chapter 164, as amended, is further 
amended by inserting after paragraph (f) a new paragraph as 
follows: (g) Every railroad company, upon the application of 
any corporation or person, being a shipper or receiver or contem- 
plated shipper or receiver of freight, for a switch connection be- 
tween the railroad of such railroad company and any existing or 
contemplated track, tracks or railroad of such corporation, per- 
son or municipal corporation, shall make such connection and 
provide such switches and tracks as may be necessary for that 
purpose and deliver and receive cars thereover, provided that 
such connection is reasonably practicable and can be installed and 
used without materially increasing the hazard of the operation 
of the railroad with which such connection is sought, and that 
the business which may reasonably be expected to be received 
by such railroad company over such connection is sufficient to 
justify the expense of such connection to such railroad company. 
Under the conditions specified in the above proviso every railroad 
company, upon the application of any corporation or person, 
being a shipper or receiver or contemplated shipper or receiver of 
freight, shall construct upon its right of way a spur or spurs for 
the purpose of receiving and delivering freight thereby, and shall 
receive and deliver freight thereby. Whenever the commission, 
after a hearing had upon its own motion or upon complaint, shall 
find that application has been made by any corporation or person 
to a railroad company for a connection or spur as provided in 
this section, and that the railroad company has refused to provide 
such connection or spur upon reasonable terms and that the 
applicant is entitled to have the same provided for him, the com- 
mission shall make an order requiring the providing of such con- 
nection or spur and the maintenance and use of the same upon 
reasonable terms which the commission shall have the power to 
prescribe. Whenever any such connection or spur has been so 
provided, any corporation or person shall be entitled to connect 
with the track, tracks or railroad thereby connected with the 
railroad of the railroad company and to use the same or to use 
the spur so provided upon payment to the party or parties incur- 
ring the primary expense of such track, tracks or railroad, or the 
connection therewith or of such spur, of a reasonable proportion 
of the cost thereof to be determined by the commission after notice 



1917] Chapter 76. 535 

to the interested parties and a hearing thereon, provided, that 
such connection and use can be made without unreasonable inter- 
ference with the rights of the party or parties incurring such 
primary expense. The commission shall likewise have the power 
to require one railroad company to switch to private spurs and 
industrial tracks upon its own railroad the cars of a connecting 
railroad company and to prescribe the terms and compensation 
for such service. And by relettering paragraphs (g), (h) and 
(i) of said section 11 as paragraphs (h), (i) and (j), respectively. 

Sect. 6, Section 14 (a) of said chapter 164, as amended, is issuance of short 
amended to read as follows: Sect. 14. (a) No railroad corpora- bon™s°etcM reg- 
tion or public utility shall issue any stock, bonds, notes or other mfssloiu^ *^™ 
evidence of indebtedness payable more than twelve months after 
the date thereof, without first procuring an order of the com- 
mission authorizing the same ; 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 other evidence of indebtedness for 
the acquisition of property, the construction, completion, exten- 
sion or improvement of its facilities or the improvement or main- 
tenance of its service entirely without this state, or the discharge 
or refunding of its obligations or reimbursement of moneys ac- 
tually 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 
devoted to public use, shall be required to apply to the commission 
for authority to issue notes unless the same are to be secured by 
mortgage of the property so devoted to public use. Upon petition 
of a railroad corporation or public utility the commission shall, 
after hearing, determine the amount of securities of the class 
petitioned for which in its opinion is reasonably requisite for the 
purposes for which the issue is to be made, and shall within thirty 
days after final order upon such petition file in the office of the 
secretary of state a certificate setting out the amount of the secur- 
ities which it has authorized, and the purposes for which the 
proceeds thereof 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 com- 
mission 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 
commission shall require the disposition of the proceeds of such 
issue. 

Sect. 7. All acts or parts of acts inconsistent with this act are Repealing ciaose- 
hereby repealed, and this act shall take effect upon its passage. ^^^^^ ^^ect on 

[Approved March 15, 1917.] 



536 



Chapters 77, 78. 
CHAPTER 77. 



1917 



AN ACT IN AMENDMENT OF SECTION 4 OF CHAPTER 282 OF THE PUBLIC 
STATUTES REL.ATING TO THE COMPENSATION OF JAILiERS FOR THE 
SUPPORT OF PRISONERS.* 



Section 

1. Jailers to be allowed not less than 
three dollars per week for susten- 
ance. 



Section 

2. Takes eflect on passage. 



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

Jailers to be SECTION 1. Amend sGction 4 of chapter 282 of the Public Stat- 

thar*thr^e^doiTars utes by adding thereto the following : but in no case shall the 
tenance!^ ^°^ ^^^ s^^™ allowed for the sustenance of each prisoner be less than three 
dollars a week, so that as amended said section shall read : Sect. 
4. Every jailer shall provide each prisoner in his custody with 
necessary sustenance, clothing, bedding, fuel, and medical attend- 
ance, and the county commissioners shall allow him, out of the 
county treasury, a reasonable compensation for the support of 
all prisoners confined on criminal process, but in no ease shall 
the sum allowed for the sustenance of each prisoner be less than 
three dollars a week. 
Ta^^g^^s effect on Sect. 2. This act shall take effect upon its passage. 

[Approved March 15, 1917.] 



CHAPTER 78. 



AN ACT TO AMEND CHAPTER 18 OF THE LAWS OF 1903, RELATING TO 
DOMESTIC INSURANCE COMPANIES. 



Issuance of 
license by com- 
missioner reg- 
ulated. 



Section 

1. Issuance of license by commissioner 

regulated. 

2. Further regulations as to conditions. 



Section 

3. Renumbering sections. 

4. Repealing clause; takes eflfect on 

passage. 



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

Section 1. Amend section 2 of said chapter by striking out in 
the last sentence of said section the words ''license shall bo issued 
to the company" and inserting in place thereof the following: 



* See also, chapter 72. ante. 



1917] Chapter 78. 537 

and if the company is found by an examination made by or under 
the direction of the insurance commissioner to have complied with 
the laws of the state applicable to it, a license to transact the 
kind of business specified therein shall be issued, which shall con- 
tinue in force until surrendered or revoked by due process of 
law, so that said section as amended shall read as follows : Sect. 
2. Before license is granted to the company it shall file with the 
insurance commissioner a certified copy of its charter and by-laws, 
a certificate giving the amount of capital paid in in cash, and a 
full statement, under oath of its president and secretary, showing 
its financial standing and condition in accordance with blanks 
furnished by the commissioner. The company will also furnish 
such other information in relation to its condition as may be 
required by the commissioner. On compliance with the foregoing 
conditions and if the company is found by an examination made 
by or under the direction of the insurance commissioner to have 
complied with the laws of the state applicable to it, a license to 
transact the kind of business specified therein shall be issued, 
which shall continue in force until surrendered or revoked by 
due process of law. 

Sect. 2. Further amend said chapter by adding the following pm-ther reguia- 
new sections : Sect. .3. No such license shall be issued to a stock tions as to 

. . . . . conditions. 

company unless m addition to its paid up capital it shall have a 
surplus over all liabilities, consisting of money or other lawful 
assets, to an amount not less than twenty-five per cent, of its cap- 
ital stock. Sect. 4. No such license shall be issued to a mutual 
insurance company which charges a full cash premium unless it 
has applications for insurance aggregating not less than five 
hundred thousand dollars in not less than two hundred separate 
risks upon which it shall have received in cash at least one pre- 
mium for a term not less than one year, amounting in the aggre- 
gate to at least ten thousand dollars, provided, that this require- 
ment shall not apply to a mutual insurance company having a 
fully paid up guaranty capital of not less than twenty-five thou- 
sand dollars, nor to mutual life insurance companies, nor to mutual 
employers liability insurance companies. 

Sect. 3. Further amend said chapter by renumbering the orig- Renumbering 
inal ' ' Sect. 3 ' ' and numbering it Sect. 5, so that said section shall ^'^<="°°^- 
read. Sect. 5. This act shall take etfect on its passage. 

Sect. 4. All acts and parts of acts inconsistent with the pro- Repealing clause; 
visions of this act are hereby repealed and this act shall take passage. 
effect upon its passage. 

[Approved March 15, 1917.] 



538 



Chapter 79. 
CHAPTER 79. 



1917 



AN ACT IN AMENDMENT OF CHAPTER 80 OF THE LAWS OF 1907 RELAT- 
ING TO MARRIAGES. 



Sbction 

1. Clerk of superior court or register 
of probate to record application 
for and decree granting special per- 
mission for speedy marriage. 



Section 

2. Repealing clause; takes effect on 
passage. 



Clerk of superior 
court or register 
of probate to 
record application 
for and decree 
granting special 
permission for 
speedy marriage. 



Repealing clause; 
takes effect on 
passage. 



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

Section 1. Section 3 of chapter 80, Laws of 1907, is hereby 
amended by inserting after the word ''the" in the fourteenth line 
of said section the words clerk of the superior court or register 
of probate, as the case may be, for the county in which the peti- 
tion is filed and shall be by said clerk or register certified to the, 
so that said section as amended shall read as follows: Sect. 3. 
If special cause exists rendering desirable the marriage of a person 
resident in this state below the age of consent and above the ages 
specified in section 1 of this act, the parties desiring to contract 
such marriage, with the parent or guardian having the custody of 
such of those parties as is below such age, if there be such parent 
or guardian within the state, may apply in writing to any justice 
of the superior court, or to the judge of probate of the county in 
which the party below the age of consent resides, or the county 
in which one of them resides, if both be below such age, for per- 
mission to contract such marriage. Such justice or judge shall 
at once hear the parties, and if he is satisfied that special cause 
exists making such marriage desirable, he shall grant his per- 
mission therefor in writing, which permission shall be filed with 
the clerk of the superior court or register of probate, as the case 
may be, for the county in which the petition is filed and shall be 
by said clerk or register certified to the city or town clerk to 
whom application is made for license to contract such marriage ; 
and such clerk shall minute the fact of the granting of such per- 
mission upon the license issued by him, and upon the record thereof 
preserved by him, and upon all copies thereof which he is by law 
required to make. 

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 March 15, 1917.] 



1917] 



Chapter 80. 
CHAPTER 80. 



539 



AN ACT TO PROVIDE FOR THE INCORPORATION OF INSURANCE COMPANIES. 



Section 

1. Companies may insure against cer- 

tain losses by fire; lightning; earth- 
quake; hail; explosion; breakage; 
leakage ; marine risks ; death ; bod- 
ily injury; ill health; liability for 
damage to another ; burglary ; theft ; 
forgery; breakage of glass, and 
bonding. 

2. Ten resident members required to in- 

corporate. 

3. Company may be mutual or stock 

company, except for bonding, then 
only stock company. 

4. Capitalization in certain cases. 



Section 

5. Articles of association of stock com- 

pany to provide what. 

6. Articles to be submitted to insurance 

commissioner. 

7. Charters or articles amended, how. 

8. Corporate powers to expire if com- 

pany ceases for one year to do 
business. 

9. Companies subject to general provi- 

sions of corporation law not in- 
consistent herewith. 
10. Repealing clause; takes effect on 
passage. 



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

Section 1. Subject to the additional or varied requirements Companies may 
stated in this act a corporation may be formed pursuant to the TerlaL 1osses^\y 
provisions of chapter 147 of the Public Statutes as amended by pj^^jjq^|'^*g°.'°|^ii. 
chapter 1 of the Laws of 1895 and chapter 129 of the Laws of ^-^^pio^ion ; b^ak-' 
1907, for the purpose of conducting the followine kinds of insur- marine risks; 

. death ; bodily m- 

ance business: .iury; ill health; 

1. *0n property and rents and use and occupancy, against loss age Wan^other™ 
or damage by fire, lightning, earthquake, hail or other action of f^/g^eryf 'b*lk-' 
the elements; explosion (other than the explosion of steam boilers ^'J^^^l^^'^®®- *°^ 
or fly-wheels) ; breakage or leakage of apparatus erected for ex- 
tinguishing fires and on such apparatus against loss or damage 

by accidental injury and against liability of the insured for loss 
or damage to property caused thereby. 

2. On vessels, cars or other vehicles, freight, goods, money, 
effects and money loaned on bottomry and respondentia, against 
loss or damage from the perils of the sea and other perils usually 
insured against by marine insurance, or from the risk of inland 
navigation and transportation, and on motor vehicles, their fittings 
and contents and use and occupancy, against loss or damage from 
accident, collision, theft, or other casualty, and against liability 
of the owner or user thereof for injury or damage to property 
caused thereby. 

3. On the lives of persons and every insurance pertaining 
thereto or connected therewith, including endowments, and to 
grant, purchase or dispose of annuities. 



* Amended by chapter 157, post. 



540 



Chapter 80. 



1917 



Ten resident 
members required 
to incorporate. 

Company may be 
mutual or stock 
company, except 
for bonding, then 
only stock 
company. 

Capitalization in 
certain cases. 



Articles of assn- 
ciation of stock 
company to pro- 
vide what. 



Articles to be 
submitted to 
insurance 
commissioner. 



Charters or ar- 
ticles amended, 
how. 



4. Against bodily injury or death by accident, and against dis- 
ablement resulting from sickness and every insurance pertaining 
thereto, including quarantine and identification. 

5. Against the liability of the insured for the death or dis- 
ability or damage to property of another. 

6. On property and rents and use and occupancy, against loss 
or damage and against liability of the insured therefor from ex- 
plosions of steam boilers, tanks and engines, their connections and 
machinery connected therewith, and breakage of fly-wheels and 
machinery and to make inspections thereof, and against loss from 
burglary, theft or forgery, and against loss or damage by the 
breakage of glass. 

7. Insurance of the performance of contracts and the faithful 
discharge of duties. 

Sect. 2. For the formation of such a corporation there shall be 
not less than ten incorporators, who shall be residents of this state. 

Sect. 3. Such a corporation may have a capital stock or may 
do business on the mutual plan except that a corporation formed 
to do the business specified in subdivision 7 of section 1 shall 
have a capital stock. 

Sect. 4. Stock companies organized under the first and fourth 
subdivisions of section 1 shall have a paid up capital of at least 
one hundred thousand dollars. All other stock companies organ- 
ized under the provisions of this act shall Imve a paid up capital 
of at least two hundred thousand dollars. 

Sect. 5. The articles of agreement of sucli a stock company 
may provide for the transaction of the following combinations of 
business: that specified in subdivision 1 of section 1 with that 
specified in sulxlivision 2 ; that specified in subdivisions 3, 4 and 5 
or in any two of said subdivisions ; that specified in subdivisions 
4, 5, H, and 7, or in any two or more of said subdivisions. 

Sect. 6. The articles of agreement shall be submitted to the 
insurance commissioner, who shall examine the same. If it ap- 
pears that the provisions of the law preliminary to the establish- 
ment of the corporation have been complied with, the insurance 
commissioner sliall so certify ])y an endorsement upon said articles 
of agreement, which sliall thereupon be recorded in at'cordance 
with the provisions of said chapter 147. 

Sect. 7. Any insurance company organized under the laws of 
this state, whether by special charter or under the general law, 
shall be entitled to amend its charter or articles of incorporation 
so as to acquire the authority to do any or all kinds of insurance 
business which corporations organized under the provisions of 
this act are authorized to do, and may otlierwise amend its charter 
or articles in any manner not inconsistent with tliis act, by a 
majority vote of all its stock, or, if a mutual company, by a 
majority vote of those members present and voting, at a meeting 



1917] Chapter 80. 541 

called for that purpose. All proposed amendments duly certified 
to by the president and secretary of such company, shall be sub- 
mitted to the insurance commissioner, who shall examine them 
in the same manner as provided by this act as to the original 
articles of agreement. If he finds that they conform to the 
requirements of the law, he shall so certify by an endorsement 
thereon. Such articles of amendment shall thereupon be recorded 
in the office of the clerk of the town or city in which is located its 
principal place of business, and in the office of the secretary of 
state, and shall then be deemed to be part of the charter or articles 
of the company. 

Sect. 8. If any insurance company organized under the laws corporate powers 
of this state, whether by special charter or under the general pany^celses ToT 
law, shall after it has commenced to issue policies cease for the ^ulilesY ^° ^° 
period of one year to make new insurance, its corporate powers 
shall thereby expire, except as to the performance of its existing 
contracts, and the superior court within and for the county in 
which it has its principal place of business, upon petition of the 
insurance commissioner, may make such a decree for the settle- 
ment of its affairs and dissolution thereof as justice may require. 

Sect. 9. Corporations organized under the provisions of this fecHo "general' 
act shall be subiect to all the provisions of the law relating to provisions of 

. . corporation law 

corporations not inconsistent herewith. not inconsistent 

Sect. 10. All acts and parts of acts inconsistent with the pro- gepgaiin,, ^i^Mse; 
visions of this act are hereby repealed, and this act shall take ^^^^f^ l^'''^' "" 
effect upon its passage. 

[Approved March 15, 1917.] 



542 



Chapter 81. 



1917 



CHAPTEIi 81. 



AN ACT TO MAKE UNIFORM THE LAW OF BILLS OF LADING. 



Section 

1. Scope of act defined. 

2. Certain terms to be stated in bills. 

What bills of lading are negotiable. 
Liability for failure to state certain 
things in biU. 

3. Terms and conditions inserted; what 

may be, and some that may not. 

4. Non-negotiable, or "straight" bill, de- 

fined. 

5. Negotiable or "order" bill defined. 

6. Certain negotiable bills not to be is- 

sued in parts or sets; liability for 
violation. 

7. Certain bills to be marked "dupli- 

cate," or similar word. Liability 
for violation. 

8. Certain bills to be marked "non- 

negotiable." 

9. Negotiable bills, not limited by cer- 

tain insertions. 

10. Effect of acceptance of bill, without 

objection to its terms. 

11. Duty of carrier to deliver; conditions 

imposed on consignee. Burden of 
proof on failure to deliver. 

12. To whom carrier may deliver. 

13. Liability for delivery to wrong party, 

conditions of. 

14. Same subject continued. 

15. Same subject continued. 

16. Alteration of bill after issue, without 

authority of carrier, of no effect. 

17. Lost bill of lading, court may make 

order for delivery ; procedure. 

18. "Duplicate" bill of same effect as 

original, when. 

19. Carrier can assert no title to goods 

after shipment, except by an as- 
signment, transfer or lien. 

20. When more than one claimant to 

goods, carrier may require them 
to interplead to determine title, etc. 

21. Reasonable time allowed carrier to 

investigate or bring interpleader, 
when different persons claim goods. 

22. Sections 12, 20 and 21, provide only 

defense for failure to deliver to 
consignee, or holder of non-nego- 
tiable bill. 

23. Mis-description or limited description 

of goods in bill, affects liability of 
carrier, when and how. 

24. Goods in possession of carrier, not 

subject to attachment or levy, un- 
less bill of lading be first surren- 
dered, or its negotiation enjoined, 
or it be impounded by the court. 



Section 

25. Creditor of owner of negotiable bill, 

desiring to attach or levy on the 
goods, entitled to appropriate pro- 
cess. 

26. Lien of carrier for charges. 

27. Carrier not liable for failure to de- 

liver, after goods sold to satisfy 
carrier's lien, or because unclaimed, 
or perishable or hazardous. 

28. Bill may be negotiated by delivery, 

when. 

29. Bill may be negotiated by endorse- 

ment, when and how. 

30. Bill may be transferred by delivery, 

to purchaser of the goods. In- 
dorsement of non-negotiable bill, 
effect of. 

31. Negotiable bill may be negotiated by 

possessor, when. 

32. What rights pass by negotiation of 

negotiable bill. 

33. What rights pass by transfer of bill. 

Notice to carrier of transfer, what 
is, and effect thereof. Garnishment 
may lie when. 

34. Transferor may be compelled to in- 

dorse bill he has negotiated. Takes 
effect when. 

35. Negotiation or transfer of bill for 

value, impliedly warrants, what. 
Liability of assignor of a claim se- 
cured by bill, limited. 

36. Endorsement of bill creates no liabil- 

ity for failure of carrier or previ- 
ous indorser. 

37. One holding bill as security for debt 

not deemed to warrant genuineness 
of bill or goods by accepting pay- 
ment of debt. 

38. Purchase for value without notice, 

cuts off equities. 

39. Vendor or pledgor of bill or goods, 

allowed by vendee to retain pos- 
session of bill may negotiate same 
to another purchaser for value 
without notice and convey good 
title. 

40. Right to possession of goods which 

shipper has contracted to sell, how 
indicated on bill in certain cases. 

41. When bill is appended by seller of 

goods, to draft on purchaser, the 
buyer and all interested may as- 
sume, what. Application of the 
provision. 



\ 



1917] 



Chapter 81. 



543 



Section 



42. 



44. 
45. 



47. 



48. 



Neither seller's lien nor right of stop- 
page in transitu, to defeat right of 
purchaser for value in good faith 
of negotiable bill. 

Rights and remedies of mortgagee or 
holder of lien on goods, limited 
only, by what. 

Penalty for intentionally defrauding. 

Penalty for issuing bill knowing it to 
contain false statement. 

Penalty for fraudulently issuing du- 
plicate bill. 

Penalty for fraudulently negotiating 
bill in certain cases. 

Same subject continued. 



Section 



50. 



51. 

52. 

53. 
54. 
55. 
56. 
57. 



Penalty for fraudulently securing is- 
suance of bill. 

Penalty for fraudulently issuing a 
non-negotiable bill without affixing 
the words "non-negotiable." 

Cases not within this act, governed 
by what law. 

Act to be interpreted so as to effect 
general purpose. 

Definition of certain terms. 

Act not retroactive. 

Repealing clause. 

Takes effect June 1, 1917. 

To be cited as "Uniform bills of lad- 
ing act." 



Be it enacted hy the Seriate and House of Representatives in 
General Court co7ivened: 

Part I. 



The Issue of Bills of Lading. • 

Section 1. Bills of lading issued by any common carrier shall scope of act 
be governed by this act. defined. 

Sect. 2. Every bill must embody within its written or printed certain terms to 
terms: (a) the date of its issue, (b) the name of the person from whaf bniroMad- 
whom the goods have been received, (c) the place where the jPf^jg""® ^^^^iiity 
goods have been received, (d) the place to which the goods are f"'" ^'?'i'i^,«. t° ^t.^** 

, 7 ^ / J- o certain things in 

to be transported, (e) a statement whether the goods received will bin. 
be delivered to a specified person, or to the order of a specified 
person, (f) a description of the goods or of the packages contain- 
ing them which may, however, be in such general terms as are 
referred to in section 23, and (g) the signature of the carrier. 

A negotiable bill shall have the words "order of" printed 
thereon immediately before the name of the person upon whose 
order the goods received are deliverable. 

A carrier shall be liable to any person injured thereby for the 
damage caused by the omission from a negotiable bill of any of 
the provisions required in this section. 

Sect. 3. A carrier may insert in a bill, issued by him, any other Terms and condi- 
terms and conditions, provided that such terms and conditions ^1"^^^. j^a" b^ ' 
shall not: (a) be contrary to law or public policy, or (b) in any- ^^^ some that 

.,.,,. . ' . may not. 

Wise impair his obligation to exercise at least that degree of care 
in the transportation and safe-keeping of the goods entrusted to 
him which a reasonably careful man would exercise in regard to 
similar goods of his own. 

Sect. 4. A bill in which it is stated that the goods are con- Non-negotiabie, 
signed or destined to a specified person, is a non-negotiable or definld.^'^^* ^'^^' 
straight bill. 



544 Chapter 81. [1917 

Negotiable or Sect. 5. A bill in which it is stated that the goods are eon- 

defined, signed or destined to the order of any person named in such bill, 

is a negotiable or order bill. Any provision in such a bill that 
it is non-negotiable shall not affect its negotiability Avithin the 
meaning of this act. 
Certain negotiable Sect. 6. Negotiable bills issucd in this state for the transporta- 
lylued "in parts ^^^^ ^f goods to any placc in the United States on the continent 
or sets; liability Qf North America, except Alaska, shall not be issued in parts or 

for violation. .... . 

sets. If SO issued the carrier issuing them shall be liable for 
failure to deliver the goods described therein to any one who pur- 
chases a part for value in good faith, even though the purchase 
be after the delivery of the goods by the carrier to a holder of 
one of the other parts. 
Certain bills to be Sect. 7. When more than one negotiable bill is issued in this 
^te,'%r similar statc for the Same goods to be transported to any place in the 
f^r'^ woia^ion!^'*' United States on the continent of North America, except Alaska, 
the word "duplicate" or some other word or words indicating 
that the document is not an original bill shall be placed plainly 
upon the face of every such bill, except the one first issued. A 
carrier shall be liable for the damage caused by his failure so to 
do to any one who has purchased the bill for value in good faith 
as an original, even though the purchase be after the delivery of 
the goods by the carrier to the holder of the original bill. 
Certain bills to be Sect. 8. A non-uegotiable bill shall have placed plainly upon 
negotfabie.""" its face by the carrier issuing it "non-negotiable" or "not nego- 
tiable." This section shall not apply, liowever, to memoranda or 
acknowledgments of an informal character. 
Negotiable bills, Sect. 9. The insertion in a negotiable bill of the name of a 
L'iV'inse'r'tions!''"^' persou to be notified of the arrival of the goods shall not limit 
the negotiability of the bill, or constitute notice to a purchaser 
thereof of any rights or equities of such person in the goods. 
Eflfect of accept- Sect. 10. Except as otherwise provided in this act, where a 
out'^'objection^to cousiguor Tcceivcs a bill and makes no objection to its terms or 
Its terms. couditions at the time he receives it, neither the consignor nor any 

person who accepts delivery of the goods, nor any person who 
seeks to enforce any provision of the bill, shall be allowed to 
deny that he is bound by such terms and conditions, so far as 
they are not contrary to law or public policy. 

Part IT. 

Obligations and Rights of Carriers upon their Bills of Lading. 

Duty of carrier to Sect. 11. A Carrier, in the absence of some lawful excuse, is 
imposed "on'con"^ bound to dclivcr goods upou a demand made either by tlie con- 
prTo7 o^Vanun"^ signee named in the bill for the goods, or if the bill is negotiable, 
to deliver. \)y ^he holder thereof, if such demand is accompanied by: (a) an 



1917 J Chapter 81. 545 

offer in good faith to satisfy the carrier's lawful lien upon the 
goods, (b) an offer in good faith to surrender, properly indorsed, 
the bill which was issued for the goods, if the bill is negotiable, 
and (c) a readiness and willingness to sign, when the goods are 
delivered, an acknowledgment that they have been delivered, if 
such signature is requested by the carrier. In case the carrier 
refuses or fails to deliver the goods in compliance with a demand 
by the consignee or holder so accompanied, the burden shall be 
upon the carrier to establish the existence of a lawful excuse for 
such refusal or failure. 

Sect. 12. A carrier is justified, subject to the provisions of the To whom carrier 
three following sections, in delivering goods to one who is: (a) a 
person lawfully entitled to the possession of the goods, or (b) 
the consignee named in a non-negotiable bill for the goods, or (c) 
a person in possession of a negotiable bill for the goods by the 
terms of which the goods are deliverable to his order, or which 
has been indorsed to him or in blank by the consignee or by the 
mediate or immediate indorsee of the consignee. 

Sect. 13. Where a carrier delivers goods to one who is not Liability for de- 
lawfully entitled to the possession of them, the carrier shall be part*?, *c'*on'dXns 
liable to any one having a right of property or possession in the °^- 
goods if he delivered the goods otherwise than as authorized by 
subdivisions (b) and (c) of the preceding section; and, though he 
delivered the goods as authorized by either of said subdivisions, 
he shall be so liable if prior to such delivery he: (a) had been 
requested, by or on behalf of a person having a right of property 
or possession in the goods, not to make such delivery, or (b) had 
information at the time of the delivery that it was to a person 
not lawfully entitled to the possession of the goods. A request 
or information to be effective within the meaning of this section 
must be given to an officer or agent of the carrier, the actual or 
apparent scope of whose duties includes action upon such a re- 
quest or information, and must be given in time to enable the 
officer or agent to whom it is given, acting with reasonable dili- 
gence, to stop delivery of the goods. 

Sect. 14. Except as provided in section 27, and except when same subject 
compelled by legal process, if a carrier delivers goods for which ^°° '°^® ' 
a negotiable bill had been issued, the negotiation of which would 
transfer the right to the possession of the goods, and fails to take 
up and cancel the bill, such carrier shall be liable for failure to 
deliver the goods to any one who for value and in good faith pur- 
chases such bill, whether such purchaser acquired title to the bill 
before or after the delivery of the goods by the carrier, and not- 
withstanding delivery was made to the person entitled thereto. 

Sect. 15. Except as provided in section 27, and except when same subject 
compelled by legal process, if a carrier delivers part of the goods 
for which a negotiable bill had been issued and fails either: (a)' 



546 



Chapter 81. 



[1917 



Alteration of bill 
after issue, with- 
out authority of 
carrier, of no 
effect. 



Lost bill of lading, 
court may make 
order for deliv- 
ery ; procedure. 



"Duplicate" bill 
of same effect as 
original, when. 



Carrier can assert 
no title to goods 
after shipment, 
except by an as- 
signment, transfer 
or lien. 



When more than 
one claimant to 
goods, carrier 
may require them 
to interplead to 
determine title, 
etc. 



Reasonable time 
allowed carrier to 
investigate or 



to take up and cancel the bill, or (b) to place plainly upon it a 
statement that a portion of the goods has been delivered, with a 
description, which may be in general terms, either of the goods 
or packages that have been so delivered or of the goods or pack- 
ages which still remain in the carrier's possession, he shall be 
liable for failure to deliver all the goods specified in the bill, to 
any one who for value and in good faith purchases it, whether 
such purchaser acquired title to it before or after the delivery of 
any portion of the goods by the carrier, and notwithstanding such 
delivery w^as made to the person entitled thereto. 

Sect. 16. Any alteration, addition or erasure in a bill after 
its issue without authority from the carrier issuing the same either 
in writing or noted on the bill shall be void, whatever be the 
nature and purpose of the change, and the bill shall be enforce- 
able according to its original tenor. 

Sect. 17. Where a negotiable bill has been lost or destroyed, a 
court of competent jurisdiction may order the delivery of the 
goods upon satisfactory proof of such loss or destruction and upon 
the giving of a bond with sufficient surety to be approved by the 
court to protect the carrier or any person injured by such delivery 
from any liability or loss, incurred by reason of the original bill 
remaining outstanding. The court may also in its discretion 
order the payment of the carrier's reasonable costs and counsel 
fees. The delivery of the goods under an order of the court as 
provided in this section, shall not relieve the carrier from liability 
to a person to whom the negotiable bill has been or shall be nego- 
tiated for value without notice of the proceedings or of the deliv- 
ery of the goods. 

Sect. 18. A bill upon the face of which the word "duplicate" 
or some other word or words indicating that the document is not 
an original bill is placed plainly shall impose upon the carrier 
issuing the same the liability of one who represents and warrants, 
that such bill is an accurate copy of an original bill properly 
issued, but no other liability. 

Sect. 19. No title to goods or right to their possession, asserted 
by a carrier for his own benefit, shall excuse him from liability 
for refusing to deliver the goods according to the terms of a bill 
issued for them, unless such title or right is derived directly or 
indirectly from a transfer made by the consignor or consignee 
after the shipment, or from the carrier's lien. 

Sect. 20. If more than one person claims the title or possession 
of goods, the carrier may require all known claimants to inter- 
plead, either as a defense to an action brought against him for 
non-delivery of the goods, or as an original suit, whichever is 
appropriate. 

Sect. 21. If some one other than the consignee or person in 
possession of the bill, has a claim to the title or possession of the 



1917] Chapter 81. 547 

goods, and the carrier has information of such claim, the carrier bring; interpleader, 
shall be excused from liability for refusing to deliver the goods persons claim 
either to the consignee or person in possession of the bill, or to^° ^' 
the adverse claimant, until the carrier has had a reasonable time 
to ascertain the validity of the adverse claim or to bring legal 
proceedings to compel all claimants to interplead. 

Sect. 22. Except as provided in the tvro preceding sections Sections 12, 20 
and in section 12, no right or title of a third person unless en- onit defens^for 
forced by legal process shall be a defence to an action brought ef,n"ignee,'or'^^'^ 
by the consignee of a non-negotiable bill or by the holder of a ^°'j^^^j^^°^g°°?|,' 
negotiable bill against the carrier for failure to deliver the goods 
on demand. 

Sect. 23. If a biU of lading has been issued by a carrier or on mis description or 
his behalf by an agent or employee the scope of whose actual or oT goods ^fn'^lfiir" 
apparent authority includes the issuing of bills of lading, the gfyr'ieT, "when ^and 
carrier shall be liable to : (a) the consignee named in a non-nego- '^''^• 
tiable bill, or (b) the holder of a negotiable bill, vrho has given 
value in good faith relying upon the description therein of the 
goods, for damages caused by the non-receipt by the carrier or 
a connecting carrier of all or part of the goods or their failure 
to correspond vrith the description thereof in the bill at the time 
of its issue. If, however, the goods are described in a bill merely 
by a statement of marks or labels upon them or upon packages 
containing them, or by a statement that the goods are said to be 
goods of a certain kind or quantity, or in a certain condition, or 
it is stated in the bill that packages are said to contain goods of a 
certain kind or quantity or in a certain condition, or that the 
contents or condition of the contents of packages are unknown, 
or words of like purport are contained in the bill, such statements, 
if true, shall not make liable the carrier issuing the bill, although 
the goods are not of the kind or quantity or in the condition 
which the marks or labels upon them indicate, or of the kind or 
quantity or in the condition they were said to be by the consignor. 
The carrier may, also, by inserting in the bill the words "shipper's 
load and count" or other words of like purport indicate that 
the goods were loaded by the shipper and the description of them 
made by him ; and if such statement be true, the carrier shall not 
be liable for damages caused by the improper loading or by the 
non-receipt or by the misdescription of the goods described in 
the bill. 

Sect. 24. If goods are delivered to a carrier by the owner or Goods in posses- 
by a person whose act in conveying the title to them to a pur- not" suijecrtr' 
chaser for value in good faith would bind the owner and a nego- f^^'^'^^^ig'g^^j,, 
tiable bill is issued for them, they cannot thereafter, while in "^ lading be first 

,, . „ , . , IT, . , surrendered, or 

the possession or the carrier, be attached by garnishment or other- its negotiation 
wise, or be levied upon under an execution, unless the bill be first impound'ed^'by thl 
surrendered to the carrier or its negotiation enjoined. The car- ''°^^^' 



548 



Chapter 81. 



[1917 



Creditor of owner 
of negotiable bill, 
desiring to attach 
or levy on the 
goods, entitled to 
appropriate 
process. 



Lien of carrier 
for charges. 



Carrier not liable 
for failure to dp- 
liver, after goods 
sold to satisfy 
carrier's lien, or 
because un- 
claimed, or 
perishable or 
liiizardous. 



rier shall in no such case be compelled to deliver the actual pos- 
session of the goods until the bill is surrendered to him or 
impounded by the court. 

Sect. 25. A creditor whose debtor is the owner of a negotiable 
bill shall be entitled to such aid from courts of appropriate juris- 
diction by injunction and otherwise in attaching such bill, or in 
satisfying the claim by means thereof as is allowed at law or in 
equity in regard to property which cannot readily be attached or 
levied upon by ordinary legal process. 

Sect. 26. If a negotiable bill is issued the carrier shall have 
no lien on the goods therein mentioned, except for charges on 
those goods for freight, storage, demurrage and terminal charges, 
and expenses necessary for the preservation of the goods or inci- 
dent to their transportation subsequent to the date of the bill, 
unless the bill expressly enumerates other charges for which a 
lien is claimed. In such case there shall also be a lien for the 
charges enumerated so far as they are allowed by law and the 
contract between the consignor and the carrier. 

Sect. 27. After goods have been lawfully sold to satisfy a car- 
rier's lien, or because they have not been claimed, or because they 
are perishable or hazardous, the carrier shall not thereafter be 
liable for failure to deliver the goods to the consignee or owner 
of the goods, or to a holder of the bill given for the goods when 
they were shipped, even if such bill be negotiable. 



Part III. 



Bill may be 
negotiated by 
delivery, when. 



Bill may be 
negotiated by 
endorsement, 
when and how. 



Bill may be 
transferred by 
delivery, to pur- 
chaser of the 
goods. Indorse- 
ment of non- 
negotiable bill, 
effect of. 

Negotiable bill 
may be negotiated 
by possessor, 
when. 



Negotiation and Transfer of Bills. 

Sect. 28. A negotiable bill may be negotiated by delivery 
where, by the terms of the bill, the carrier undertakes to deliver 
the goods to the order of a specified person, and such person or a 
subsequent indorsee of the bill has indorsed it in blank. 

Sect. 29. A negotiable bill may be negotiated by the indorse- 
ment of the person to whose order the goods are deliverable by 
the tenor of the bill. Such indorsement may be in blank or to a 
specified person. If indorsed to a specified person, it may be 
negotiated again by the indorsement of such person in blank or to 
another specified person. Subsequent negotiation may be made 
in like manner. 

Sect. 30. A bill may be transferred by the holder by delivery, 
accompanied with an agreement, express or implied, to transfer 
the title to the bill or to the goods represented thereby. 

A non-negotiable bill cannot be negotiated, and the indorse- 
ment of such a bill gives the transferee no additional right. 

Sect. 31. A negotiable bill may be negotiated by any person in 
possession of the same, however such possession may have been 
acquired if, by the terms of the bill, the carrier undertakes to 



1917] Chapter 81. 549 

deliver the goods to the order of such person, or if at the time 
of negotiation the bill is in such form that it may be negotiated 
by delivery. 

Sect. 32. A person to whom a negotiable bill has been duly what rights pass 
negotiated acquires thereby: (a) such title to the goods as the negotiable biii. 
person negotiating the bill to him had or had ability to convey to 
a purchaser in good faith for value, and also such title to the 
goods as the consignee and consignor had or had power to convey 
to a purchaser in good faith for value, and (b) the direct obliga- 
tion of the carrier to hold possession of the goods for him accord- 
ing to the terms of the bill as fully as if the carrier had contracted 
directly with him. 

Sect. 33. A person to whom a bill has been transferred but what rights pass 
not negotiated acquires thereby as against the transferor, the bm.*'^'Noti*ce *o 
title to the goods, subject to the terms of any agreement with the fer"wha^Ss'and 
transferor. If the bill is non-negotiable, such person also acquires «f ^ct thereof. 

. . . Garnishment may 

the right to notify the carrier of the transfer to him of such bill, lie when. 
and thereby to become the direct obligee of whatever obligations 
the carrier owed to the transferor of the bill immediately before 
the notification. Prior to the notification of the carrier by the 
transferor or transferee of a non-negotiable bill, the title of the 
transferee to the goods and the right to acquire the obligation of 
the carrier may be defeated by garnishment or by attachment or 
execution upon the goods by a creditor of the transferor, or by a 
notification to the carrier by the transferor or a subsequent pur- 
chaser from the transferor of a subsequent sale of the goods by 
the transferor. 

A carrier has not received notification within the meaning of 
this section unless an officer or agent of the carrier, the actual or 
apparent scope of whose duties includes action upon such a notifi- 
cation, has been notified; and no notification shall be effective 
until the officer or agent to whom it is given has had time with 
the exercise of reasonable diligence to communicate with the agent 
or agents having actual possession or control of the goods. 

Sect. 34. Where a negotiable bill is transferred for value by Transferor may 
delivery, and the indorsement of the transferor is essential for indor^^bi'i'rhp^has 
negotiation, the transferee acquires a right against the transferor effect' whtn.^*''®^ 
to compel him to indorse the bill, unless a contrary intention 
appears. The negotiation shall take effect as of the time when 
the indorsement is actually made. This obligation may be spe- 
cifically enforced. 

Sect. 35. A person who negotiates or transfers for value a Negotiation or 
bill by indorsement or delivery, including one who assigns for for"laTue°^ im" 
value a claim secured by a bill, unless a contrary intention ap- wK^ LTabimy**of 
pears, warrants: (a) that the bill is genuine, (b) that he has a ^f/i'^"°J^^^p| j^^, 
legal right to transfer it, (c) that he has knowledge of no fact*'""- i'm>t«<i- 
which would impair the validity or worth of the bill, and (d) 



560 Chapter 81. [1917 

that he has a right to transfer the title to the goods, and that the 
goods are merchantable or fit for a particular purpose whenever 
such warranties would have been implied, if the contract of the 
parties had been to transfer without a bill the goods represented 
thereby. 

In the case of an assignment of a claim secured by a bill, the 
liability of the assignor shall not exceed the amount of the claim. 
Endorsement of Sect. 36. The indorsement of a bill shall not make the indorser 
Habimr^/o^rTaii liable for any failure on the part of the carrier or previous in- 
previ'ounndorse'r dorscrs of the bill to fulfill their respective obligations. 
One holding bill Sect. 37. A mortgagee or pledgee, or other holder of a bill 
debt?*'not deemed for Security who in good faith demands or receives payment of 
uinI^IL^"of^bi"i the debt for which such bill is security, whether from a party to 
or goods by ae g^ draft drawu for such debt or from any other person, shall not 

cepting payment _ . 

of debt. be deemed by so doing to represent or to warrant the genuineness 

of such bill or the quantity or quality of the goods therein 

described. 

Purchase for Sect. 38. The Validity of the negotiation of a bill is not ini- 

not?ce.^cuts"off paired by the fact that such negotiation was a breach of duty 

equities ^^^ ^Yie part of the person making the negotiation, or by the fact 

that the owner of the bill was deprived of the possession of 

the same by fraud, accident, mistake, duress or conversion, if the 

person to whom the bill was negotiated, or a person to whom the 

bill was subsequently negotiated, gave value therefor in good 

faith, without notice of the breach of duty, or fraud, accident, 

mistake, duress or conversion. 

Vendor or pledgor Sect. 39. Where a person having sold, mortgaged, or pledged 

of bill or goods, i i • i • • ■> • i ,. i • i 

allowed by vendee goods which are in a camer s possession and tor which a nego- 
8ion''o'f"biiTmay tiablc bill has been issued, or having sold, mortgaged, or pledged 
ano^hex'^purdrase^r ^^^ negotiable bill representing such goods, continues in posses- 
for value without sion of the negotiable bill, the subsequent negotiation thereof bv 

notice and convey i i 

good title. that person under any sale, pledge, or other disposition thereof 

to any person receiving the same in good faith for value and 

without notice of the previous sale, shall have the same effect as 

if the first purchaser of the goods or bill had expressly authorized 

the subsequent negotiation. 

Right to posses- Sect. 40. Where goods are shipped by the consignor in accord- 

which shinner has aucc with a coutract Or Order for their purchase, the form in 

how'^'indi^nted'^on which the bill is taken by the consignor shall indicate the trans- 

cases" *'^'"*"'" fer or retention of the property or right to the possession of the 

goods as follows : 

(a) Where by the bill the goods are deliverable to the buyer 
or to his agent, or to the order of the buyer or of his agent, the 
consignor thereby transfers the property in the goods to the 
buyer. 

(b) Where by the bill the goods are deliverable to the seller 
or to his agent, or to the order of the seller or of his agent, the 



1917] Chapter 81. 551 

seller thereby reserves the property in the goods. But if, except 
for the form of the bill, the property would have passed to the 
buyer on shipment of the goods, the seller's property in the goods 
shall be deemed to be only for the purpose of securing perform- 
ance by the buyer of his obligations under the contract. 

(c) Where by the bill the goods are deliverable to the order 
of the buyer or of his agent, but possession of the bill is retained 
by the seller or his agent, the seller thereby reserves a right to 
the possession of the goods, as against the buyer. 

(d) Where the seller draws on the buyer for the price and 
transmits the draft and bill together to the buyer to secure accept- 
ance or payment of the draft, the buyer is bound to return the 
bill if he does not honor the draft, and if he wrongfully retains 
the bill he acquires no added right thereby. If, however, the bill 
provides that the goods are deliverable to the buyer, or to the 
order of the buyer, or is endorsed in blank or to the buyer by the 
consignee named therein, one who purchases in good faith, for 
value, the bill or goods from the buyer, shall obtain the title to 
the goods, although the draft has not been honored, if such pur- 
chaser has received delivery of the bill indorsed by the consignee 
named therein, or of the goods, without notice of the facts making 
the transfer wrongful. 

Sect. 41. Where 'the seller of goods draws on the buyer for when bin is ap 
the price of the goods and transmits the draft and a bill of lading of °goW ^to^d/aft 
for the goods either directly to the buyer or through a bank or buver'^a'ild 'fn ""^ 
other agency, unless a different intention on the part of the seller '^^^^ume^^hat. 
appears, the buyer and all other parties interested shall be jus- t^PP'i.°\*/°"„ °* 
tified in assuming: (a) if the draft is by its terms or legal effect 
payable on demand or presentation or at sight, or not more than 
three days thereafter (whether such three days be termed days 
of grace or not), that the seller intended to require payment of 
the draft before the buyer should be entitled to receive or retftin 
the bill, (b) If the draft is by its terms payable on time, extending 
beyond three days after demand, presentation or sight (whetlier 
such three days be termed days of grace or not), that the seller 
intended to require acceptance, but not payment of the draft 
before the buyer should be entitled to receive or retain the bill. 

The provisions of this section are applicable whether by the 
terms of the bill the goods are consigned to the seller, or to his 
order, or to the buyer, or to his order, or to a third person, or to 
his order. 

Sect. 42. Where a negotiable bill has been issued for goods, ^ei'^^^f^ ri""h7^ 
no seller's lien or right of stoppage in transitu shall defeat the stoppajre in 
rights of any purchaser for value in good faith to whom such bill Hghfof' purchaser 
has been negotiated, whether such negotiation be prior or subse- fauh^o'rneKotfawl 
quent to the notification to the carrier who issued such bill of •""■ 
the seller's claim to a lien or right of stoppage in iransitu. Nor 



552 Chapter 81. [1917 

shall the carrier be obliged to deliver or justified in delivering the 
goods to an unpaid seller unless such bill is first surrendered for 
cancellation. 
Rights and rem- Sect. 43. Except as providcd in section 42, nothing in this 
or'h^oide^oVlfe^n^ act shall limit the rights and remedies of a mortgagee or lien- 
onl>^°b*!■*'whTt!'^^ holder whose mortgage or lien on goods would be valid, apart 
from this act, as against one who for value and in good faitl; 
purchased from the owner, immediately prior to the time of their 
delivery to the carrier, the goods which are subject to the mort- 
gage or lien and obtained possession of them. 

Part IV. 

Criminal Offenses. 

Penalty for inten- Sect. 44. Any officcr, agent, or servant of a carrier, who with 
tio^naiiy de raud- j^^g^^ ^^ dcfraud issucs or aids in issuing a bill knowing that 
all or any part of the goods for which such bill is issued have 
not been received by such carrier, or by an agent of such carrier 
or by a connecting carrier, or are not under the carrier's control 
at the time of issuing such bill, shall be guilty of a crime, and 
upon conviction shall be punished for each offense by imprison- 
ment not exceeding five years, or by a fine not exceeding five 
thousand dollars, or by both. 
Penalty for Sect. 45. Any officcr, agent, or servant of a carrier, who with 

ing"Tf to'^'c^iTtal^ intent to defraud issues or aids in issuing a bill for goods knowing 
false statement, t^j^g,^ [f coutaius any falsc Statement, shall be guilty of a crime, 
and upon conviction shall be punished for each offense by impris- 
onment not exceeding one year, or by a fine not exceeding one 
thousand dollars, or by both. 
Penalty for Sect. 46. Any officer, agent, or servant of a carrier, who with 

ing" dupHcate 'bm' intent to defraud issues or aids in issuing a duplicate or additional 
negotiable bill for goods in violation of the provisions of section 7, 
knowing that a former negotiable bill for the same goods or any 
part of them is outstanding and uncancelled, shall be guilty of a 
crime, and upon conviction shall be punished for each offense by 
imprisonment not exceeding five years, or by a fine not exceeding 
five thousand dollars, or by both. 
Penalty for Sect. 47. Any pcrson who ships goods to which he has not 

neg"o1i!iti^K''biii in ^^^Ic, or upon which there is a lien or mortgage, and who takes 
certain cases. f^^j. g^^.]^ goods a negotiable bill which he afterwards negotiates 
for value with intent to deceive and without disclosing his want 
of title or the existence of the lien or mortgage, shall be guilty 
of a crime, and upon conviction shall be punished for each offense 
by imprisonment not exceeding one year, or by a fine ni^t <>x('eo'1- 
ing one thousand dollars, or by both. 



1917] Chapter 81. 553 

Sect. 48. Any person who with intent to deceive negotiates or Rams subject 
transfers for value a bill knowing that any or all of the goods 
which by the terms of such bill appear to have been received for 
transportation by the carrier which issued the bill, are not in the 
possession or control of such carrier, or of a connecting carrier, 
without disclosing this fact, shall be guilty of a crime, and upon 
conviction shall be punished for each offense by imprisonment 
not exceeding five years, or by a fine not exceeding five thousand 
dollars, or by both. 

Sect. 49. Any person who with intent to defraud secures the Penalty for 
issue by a carrier of a bill knowing that at the time of such issue, gecurinK"'i8suance 
any or all of the goods described in such bill as received for °^ ^""• 
transportation have not been received by such carrier, or an 
agent of such carrier or a connecting carrier, or are not under 
the carrier's control, by inducing an officer, agent, or servant of 
such carrier falsely to believe that such goods have been received 
by such carrier, or are under its control, shall be guilty of a 
crime, and upon conviction shall be punished for each offense by 
imprisonment not exceeding five years, or by a fine not exceeding 
five thousand dollars, or by both. 

Sect. 50. Any person who with intent to defraud issues or aids Penalty for 
in issuing a non-negotiable bill without the words "not nego- ingWon-nego- 
tiable" placed plainly upon the face thereof, shall be guilty of a oyt'''a^|ng''the 
crime, and upon conviction shall be punished for each offense ^°g^j^j^^',°^?' 
by imprisonment not exceeding five years or by a fine not exceeding 
five thousand dollars, or by both. 

Part V. 
Interpretations. 

Sect. 51. In any case not provided for in this act, the rules Cases not within 
of law and equity, including the law merchant, and in particular by'^h^at faw"°* 
the rules relating to the law of principal and agent, executors, 
administrators and trustees, and to the effect of fraud, misrepre- 
sentation, duress or coercion, accident, mistake, bankruptcy, or 
other invalidating cause, shall govern. 

Sect 52 This act shall be so interpreted and construed as to Act to be inter- 

, ■ I, ,1 1 c i.\ preted so as to 

effectuate its general purpose to make uniform the law or those effect general 

... purpose. 

states which enact it. 

Sect. 53. (1) In this act, unless the context or subject-matter OeflnUio^^o^ 

otherwise requires: 

"Action" includes counter claim, set-off, and suit in equity. 

"Bill" means bill of lading. 

"Consignee" means the person named in the bill as the person 
to whom delivery of the goods is to be made. 



554 ' Chapter 81. [1917 

"Consignor" means the person named in the bill as the person 
from whom the goods have been received for shipment. 

"Goods" means merchandise or chattels in course of trans- 
portation, or which have been or are about to be transported. 

"Holder" of a bill means a person who has both actual posses- 
sion of such bill and a right of property therein. 

"Order" means an order by indorsement on the bill. 

"Owner" does not include mortgagee or pledgee. 

"Person" includes a corporation or partnership or two or more 
persons having a joint or common interest. 

"To purchase" includes to take as mortgagee and to take as 
pledgee. 

"Purchaser" includes mortgagee and pledgee. 

"Value" is any consideration sufficient to support a simple con- 
tract. An antecedent or pre-existing obligation, whether for 
money or not, constitutes value where a bill is taken either in 
satisfaction thereof or as security therefor. 

(2) A thing is done "in good faith," within the meaning of 
this act, when it is in fact done honestly, whether it be done negli- 
gently or not. 
Act not retro- Sect. 54. The provislons of this act do not apply to bills made 

^*'*'^*' and delivered prior to the taking effect thereof. 

Repealing clause. Sect. 55. All acts or parts of acts inconsistent with this act are 

hereby repealed. 
Takes effect June Sect. 56. This act shall take effect on the first day of June, one 

thousand nine hundred and seventeen. 
To be cited as Sect. 57. This act may be cited as the uniform bills of lading 

"Uniform bills of , 

lading act." aCt. 

[Approved March 20, 1917.] 



1917] Chapter 82. 555 

CHAPTER 82. 

An act in repeal op chapter 95 of the laws op 1895, entitled 
"an act in relation to street railways," and in amendment 
OF chapter 164 OF the laws of 1911, as amended by cilvpters 
98, 99 AND 145, LAWS OF 1913, and chapters 52 and 99, laws op 
1915, being "an act to establish a public service commission," 

Skction Section 

1. Repealing Laws of 1895, ch. 95. 3. Takes effect on passage. 

2. Commission may permit public utility 

to temporarily or permanently sus- 
pend operation, when. 

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

Section 1. Chapter 95 of the Laws of 1895 is hereby repealed, ^/ilgs^^ch^g"^^ 
Sect. 2. Chapter 164 of the Laws of 1911, as amended by chap- commission may 
ters 98, 99 and 145, Laws of 1913, and chapters 52 and 99, Laws utiiky to^tempo- 
of 1915, being "An Act to establish a public service commission," ng"tfy°ug^f/n™*" 
is hereby amended by renumbering section 26 and calling it section operation, when. 
27 and substituting for section 26 the following section : Sect. 26. 
The public service commission, upon application, shall have the 
power to authorize any company operating a street railway or any 
public utility to temporarily or permanently discontinue the oper- 
ation of any part of its road in the case of a street railway, or any 
part of its service in the case of a public utility, whenever it shall 
appear that such discontinuance will not unreasonably incon- 
venience the public. 

Sect. 3. This act shall take effect upon its passage. 11^!^^^^"^ °° 

[Approved March 20, 1917.] 



556 Chapter 83. [1917 

CHAPTER 83. 

AN ACT TO AMEND SECTION 14 OF CHAPTER 169 OF THE PUBLIC STAT- 
UTES RELATING TO THE TAXATION OF FOREIGN INSURANCE COM- 
PANIES. 

Section 1. Two per cent, state tax on mutual fire insurance companies, reduced, when 

and how. 

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

Two per cent. SECTION 1. Amend section 14. chapter 169 of the Public Stat- 

mutuai fire insur- utes as amended by section 1, chapter 100, Laws of 1895, section 1, 
reduced,°^wh°n^' chapter 64, Laws of 1899, section 1, chapter 67, Laws of 1901, sec- 
and how. .|.-Qj^ -j^^ chapter 109, Laws of 1905, section 1, chapter 78, Laws of 

1909, and section 1, chapter 47, Laws of 1915, by inserting after 
the words "as assessed by the commissioner" the following: and a 
further deduction in the case of all mutual fire insurance compa- 
nies, taxable under the provisions of this section, of the amount of 
all unabsorbed premium deposits actually returned or credited to 
policyholders upon business in this state during the year for which 
the tax is determined, so as to read as follows: 

Sect. 14. Every such fire, marine, fidelity, and casualty insur- 
ance company shall pay to the state treasurer, within one month 
after receiving notice from the insurance commissioner of the 
amount thereof, a tax of two per cent, upon the gross premiums 
received by it, less return premiums and reinsurance, when effected 
in authorized companies by the companies' licensed resident agents 
or in companies organized under the laws of this state, upon busi- 
ness done within the state, during the year ending on the thirty- 
first day of the preceding December, as assessed by the commis- 
sioner, and a further deduction in the case of all mutual fire 
insurance companies, taxable under the provisions of this section, 
of the amount of all unabsorbed premium deposits actually re- 
turned or credited to policyholders upon business in this state 
during the year for which the tax is determined ; and every such 
life insurance company shall pay to the state treasurer, within one 
month after receiving notice from the insurance commissioner of 
the amount thereof, a tax of two per cent, upon the gross premiums 
received by it from residents of the state during said year, less 
payments to residents of this state on account of death losses paid 
within the year; provided, hotvrvrr. that the tax assessed upon any 
such life insurance company shall not be less than an amount equal, 
to one and one-half per cent, of the gross premiums received by it 
from residents of the state during said year. 

[Approved March 20, 1917.] 



1917 



Chapter 84. 
CHAPTER 84. 



557 



AN ACT IN AMENDMENT OF CHAPTER 185 OF THE LAWS OP 1913, AS 
AMENDED BY CHAPTER 117 OF THE LAWS OF 1915, BEING "aN ACT 
RELATING TO THE INSPECTION AND LICENSING OF BOATS, AND THE 
EXAMINATION AND LICENSING OF THEIR CAPTAINS, MASTERS, EN- 
GINEERS AND PILOTS. ' ' 



Skotion 

3. Repealing clause; 
passage. 



takes effect on 



Section 

1. Boats maintained for use of minors, 

in private schools, to be deemed 
"kept for hire." 

2. Fees for inspection of boats; and fees 

for certificates of captains, etc.. 
classified. 

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

Section 1. Chapter 185 of the Laws of 1913, as amended by Boats maintained 
chapter 117 of the Laws of 1915, being "An Act relating to the ^''p'Jf^^fg^ ."^j^Vs! 
inspection and licensing of boats, and the examination and licens- ^^^^^ ilf^te •• 
ing of their captains, masters, engineers and pilots," is amended 
by adding at the end of section 1 of said act, as amended, the fol- 
lowing: Boats used by the proprietor of any school or camp in 
which boys or girls less than twenty-one years of age are received 
for compensation, or by any officer, agent or employee of such pro- 
prietor, for the transportation of any of such boys or girls, shall 
be deemed to be boats kept for hire. 

Sect. 2. Section 4 of said chapter 185, as amended, is amended Fees for inspec 
to read as follows : Sect. 4. There shall be paid for every such *;°° ^^rTerUfl*"^ 
boat inspected, as to which a certificate is given by said commission, ^a^tes ^o^f^^captains. 
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 fol- 
lowing schedule: 

Boats used for passengers only, or for passengers and freight : 

All such as are permitted to carry a maximum of not exceeding 
ten persons. 

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 persons, 

For the 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 at maximum of more than 
twenty-five and not exceeding one hundred and fifty persons, 
For the first boat • • • $15.00 



558 



Chapter 85. 



1917 



Repealing clause 
takes effect on 
passage. 



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 
persons, 

For the first boat $25.00 

For each additional boat belonging to the same o^vner and 

kept at the same place 5.00 

Boats used exclusively for towing freight $10.00 

Payment thereof shall be made before the issuance of the certificate. 
The fees above prescribed shall include suitable number plates to 
be furnished without further cost to the boat owner. There shall 
be paid for every general certificate of captain, master, engineer, 
or pilot, two dollars ; and for every limited certificate of captain, 
master, engineer, 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. Only one certificate shall be required to 
entitle the holder thereof to act in any or all the above capacities 
on any motor boat or boats permitted to carry a maximum of not 
exceeding twenty-five persons. 

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

[Approved March 20, 1917.] 



CHAPTER 85. 

AN ACT TO PROVIDE W^HOLE FAMILY PROTECTION FOR MEMBERS OF 
FRATERNAL BENEFIT SOCIETIES. 



Section 

1. Pratemal benefit lodges may provide 

death benefit for children of mem- 
bers between two and eighteen 
years of age. 

2. Child to pass medical examination; 

and certificate to issue, when. 
Death benefit contributions to be 
based on certain tables. 

3. Reserve fnnd to be maintained by 

society. Certificate exchangeable, 
when. 



Section 

4. Separate financial account of such 

to be kept, and reported in annual 
reports. 

5. Society may require specified pay- 

ments for expense and general 
fund. 

6. Parent retiring from lodge, certificate 

continued, when. 

7. Repealing clause; takes effect on 

passage. 



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



Praternai benefit SECTION 1. Any fraternal benefit society authorized to do busi- 

lodges may pro- ... , . 111*1 • 3 • 

Tide death benefit Dcss ID this State and Operating on the lodge plan, may provide in 



1917 J Chapter 85. 559 

its constitution and by-laws, in addition to other benefits provided for children of 

„,.„, /»Ti • 1 r» 1 members between 

tor therein, tor the payment oi death or annuity benents upon the two and eighteen 
lives of children between the ages of two and eighteen years at next ^^^^^ ° ^^^' 
birthday, for whose support and maintenance a member of such 
society is responsible. Any such society may at its option, organize 
and operate branches for such children and membership in local 
lodges and initiation therein shall not be required of such children, 
nor shall they have any voice in the management of the society. 
The total benefits payable as above provided shall in no case exceed 
the following amounts at ages at next birthday at time of death, 
respectively, as follows: two, thirty-four dollars; three, forty dol- 
lars; four, forty-eight dollars; five, fifty-eight dollars; six, one 
hundred and forty dollars; seven, one hundred and sixty-eight dol- 
lars; eight, two hundred dollars; nine, two hundred and forty dol- 
lars; ten, three hundred dollars; eleven, three hundred and eighty 
dollars; twelve, four hundred and sixty dollars; thirteen to fifteen, 
five hundred and twenty dollars ; and sixteen to eighteen years, six 
hundred dollars. 

Sect. 2. No benefit certificate as to any child shall take effect chiid to pass med- 

.. . ., ,. , j'l ical examination; 

until after medical examination or inspection by a licensed medical and certificate to 
practitioner, in accordance with the laws of the society, nor shall Death benefit con- 
any such benefit certificate be issued unless the society shall simul- bal'e'd'on^ certain 
taneously put in force or shall already have in force at least five '«'''^^- 
hundred such certificates, on each of which at least one assessment 
has been paid, nor where the number of lives represented by such 
certificates already in force or simultaneously put in force fall 
below five hundred. The death benefit contributions to be made 
upon such certificate shall be based upon the Standard Industrial 
Mortality Table or the English Life Table Number Six and a rate 
of interest not greater than four per cent, per annum, or upon a 
higher standard; provided that contributions may be waived or 
returns may be made from any surplus held in excess of reserve 
and other liabilities, as provided in the by-laws, and, provided, fur- 
ther, that extra contributions shall be made if the reserves hereafter 
provided for become impaired. 

Sect 3 Anv society entering into such insurance agreements Reserve fund to 

*' • ^ • J -L ii be maintained by 

shall maintain on all such contracts the reserve required by the society. Certifi- 
standard of mortality and interest adopted by the society for com- ^a^«^«'=<^^a°e«»^'e' 
puting contributions as provided in section 2. and the funds repre- 
senting the benefit contributions and all accretions thereon shall be 
kept as separate and distinct funds, independent of the other funds 
of the society, and shall not be liable for nor used for the payment 
of the debts and obligations of the society other than the benefits 
herein authorized ; provided, that a society may provide that when 
a child reaches the minimum age for initiation into membership in 
such society any benefit certificate issued hereunder may be sur- 
rendered for cancellation and exchanged for any other form of 



560 Chapter 85. [1917 

certificate issued by the society, provided that such surrender will 
not reduce the number of lives insured in the branch below five 
hundred, and upon the issuance of such new certificate any reserve 
upon the original certificate herein provided for shall be trans- 
ferred to the credit of the new certificate. Neither the person who 
originally made application for benefits on account of such child, 
nor the beneficiary named in such original certificate, nor the per- 
son who paid the contributions, shall have any vested right in such 
new certificate, the free nomination of a beneficiary under the new 
certificate being left to the child so admitted to benefit membership. 
Separate financial Sect. 4. An entirely Separate financial statement of the business 
brkept "anT'rV^^ trausactious and of assets and liabilities arising therefrom shall be 
ported in annual made iu its anuual report to the insurance commissioner by any 

reports. . ... . . ; 

society availing itself of the provisions hereof. The separation of 

assets, funds and liabilities required hereby shall not be terminated, 

rescinded or modified, nor shall the funds be diverted for any use 

other than as specified in section 3, as long as any certificates issued 

hereunder remain in force, and this requirement shall be recognized 

and enforced in any liquidation, reinsurance, merger or other 

change in the condition of the status of the society. 

Society may re Sect. 5. Any socicty shall have the right to provide in its laws 

paymen^rior ex and the Certificate issued hereunder for specified payments on 

fund! ^^^ general ^ccount of the cxpcnsc or general fund, which payments shall or 

shall not be mingled with the general fund of the society as its 

constitution and by-laws may provide. 

Parent retiring Sect. 6. In the cvcut of the termination of membershii) in the 

from lodge, certi- • i i -i i p i o \ •^ -i 

ficate continued, socicty by the pcrsou responsible tor the support or any child, on 
whose account a certificate may have been issued, as provided 
herein, the certificate may be continued for the benefit of the estate 
of the child provided the contributions are continued, or for the 
benefit of any other person responsible for the support and main- 
tenance of such child, who shall assume the payment of the required 
contributions. 
Repealing clause: Sect. 7. All acts End parts of Ects inconsistent with this act are 
passage. hereby repealed and this act shall take effect upon its passage. 

[Approved March 20, 1917.] 



1917 



Chapter 86. 
CHAPTER 86. 



561 



AN ACT EMPOWERING CITIES AND TOWNS TO PROVIDE PLAYGROUNDS 
AND NEIGHBORHOOD CENTERS. 



Section 

1. Towns and cities may maintain pub- 

lic playgrounds, and neighborhood 
center buildings, baths and swim- 
ming pools, etc. 

2. Municipality may apportion the num- 

ber of cents on each $100 of public 
taxes, to be used for such. 

3. Town or city may delegate above pow- 

ers to a recreation commission, or 
to school board or park board. 

4. Municipality may appropriate money 

for specific purpose of this act. 



Section 

5. Recreation commission, number and 

appointment of. 

6. Duties of school board, when dele- 

gated with power. 

7. Duties of other board, when delegated 

with power. 

8. Duties of park board, when delegated 

with power. 

9. Duties of other board than park 

board, how abridged by park board. 
10. Takes effect on passage. 



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



Section 1. Any city or town of this state may take land within Towns and cities 
the municipal limits in fee by gift, purchase, or right of eminent public piay- 
domain, or may lease the same ; and may prepare, equip, and main- nei*gh"bo^rhoo(f cen- 
tain it, or any other land belonging to the municipality and suit- ba'th's^aniT^swim- 
able for the purpose, as a public playground ; and may conduct ™'°« ?"<''»■ «*<=. 
and promote thereon play and recreation activities; may equip and 
operate neighborhood center buildings, may operate public baths 
and swimming pools; and may employ such plaj^ leaders, play- 
ground instructors, supervisors, recreation secretary, or superin- 
tendent and other officials as it deems best. 

Sect. 2. Any city or town of this state may provide annually Municipality may 
out of the tax levy that the board given charge of recreation shall nu^ber°V^(^ents 
receive, without special appropriation, a specific number of cents ;;jJi,^?.'^'jJ^J^^^''^j^g 
on each one hundred (100) dollars of assessed valuation. "sed for such. 

Sect. 3. The above powers may be exercised by a recreation Town or city may 
commission, by the school board, or by the park board, or may be Jower^to^a^recre- 
divided between such recreation commission, school board and park ^|.'°"^ sX"''^'°"' 
board, or any of them, according as the city council, or the town {j^ard or park 
may decide. 

Sect. 4. Any city or town of this state may expend in carrying Municipality may 
out the purpose of this act, such sums as may be duly appropriated m^XT^or^specific 

n .I iiurpose of this 

tor the purpose. ■ act. 

Sect. 5. If any city or town, in the state, shall decide that the Recreation com- 
above powers shall be exercised by a recreation commission, tbe™'^''^^p„[;",^^; 
mayor, chairman, or other officer having the power of appointment "'• 
shall appoint five persons who are citizens and residents of such 
municipality, who shall serve without pay. The two persons first 
appointed shall serve for three years; the two persons next ap- 
pointed for two years; the fifth person appointed for one year. 



562 Chapter 86. [1917 

Their successors shall be appointed for three years. Vacancies as 
they occur shall be tilled by the mayor, chairman or other officer 
having the power of appointment, for the unexpired term only. 
The members of the recreation commission shall from their own 
number elect a chairman, secretary, and other necessary officers to 
serve for one year, or until their successors are elected. The recre- 
ation commisssion shall have power to adopt rules of procedure and 
prescribe regulations for the conduct of all business within its 
jurisdiction. 
Dutips of school Sect. 6. If in any city or town of this state the school board be 
gated ' wTth'^pow^er^ given chargc of public playgrounds and recreation centers under 
this act, such school board is authorized to carry on playgrounds 
and recreation activities on the grounds and in the buildings in 
charge of the school board, and on such other grounds and in such 
other buildings as may wnth its approval be assigned to it. 
Duties of other Sect. 7. If somc othcr board than the school board have charge 

gated wTth^power^ of public playgrouuds and recreation centers in any city or town, 
of this state, under the provisions of this act, such board shall have 
the power to carry on playgrounds and recreation activities on the 
grounds and in the buildings in charge of the school board, and pay 
the necessary expense incident to such recreation activities; pro- 
vided that nothing in this act shall be construed to abridge the 
power of the school board to veto the use of any of its grounds or 
buildings for recreation purposes, when such use interferes witli 
the use of grounds or buildings for educational puri)oses. 
Duties of park Sect. 8. If in any city or town of this state the park board be 

board, when dele- • i i!ui'i_ i j j.- j. j 

gated with power, given Charge ot public playgrounds and recreation centers under 

provisions of this act, such park board is authorized to carry on 

playgrounds in charge of the park board, and on such other grounds 

and in such other buildings as may with its approval be assigned 

to it. 

Duties of other Sect. 9. If some Other board than the park boanl have charge 

boards* h^w^^'^'^ ^^ public playgrounds and recreation centers in any city or town 

aiirids^d bv qI ^jjjg state, under the provisions of this act, such board shall Iiave 

park board. ^ ' . . 

the power to carry on playgrounds and recreation activities on the 
grounds and in the buildings in charge of the park board, and pay 
the necessary expense incident to such recreation activities: ]>ro- 
vided that nothing in this act shall be construed to abridge the 
right of the park board to veto the use of any of its grounds or 
buildings for recreation purposes, when such use for recreation 
purposes shall interfere with use of the grounds or buildings for 
park purposes. 
Takes effect on Sect. 10. This act shall take effect on its passage. 

passage. 

[Approved March 20, 1917.] 



1917J 



Chapter 87. 
CHAPTER 87. 



563 



AN ACT RELATING TO BUILDING AND LOAN ASSOCIATIONS. 



Section 

1. Association may borrow money to 

pay off matured shares, when and 
how. 

2. Holder of matured shares, may take 

paid up certificate, bearing interest 
not exceeding 4%%. Limitation 
of issue thereof, to one-fifth of 
other assets of association. 



Section 

3. Holder of paid up certificate may 

withdraw fund, when and how. 

4. No foreign building and loan associa 

tion to do business in this state. 

5. Repealing clause; takes effect on 

passage. 



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

Section 1. Building and loan associations may borrow money Association may 
to pay off members for matured shares, for making loans, with-pa^Tff^maf^id 
drawal of shares, enforced withdrawals, or for the payment of ^'^^'■®^' '^''''" =*"'^ 
paid up certificates, not exceeding five per cent, of its capital paid 
in as dues. 

Sect. 2. Whenever shares shall mature or become of the value Holder of ma- 
of two hundred dollars each, or when the withdrawal of shares is take paid'^^up "cer^ 
enforced, the holder thereof may, if he chooses, and at the option |J,^^^ggt ntft'^Tx^ 
of the board of directors, receive a paid up certificate in denomina-?*'.*"^.'"?.4%%. 

' . L'mitation of 

tion of two hundred dollars, or multiples thereof, bearing interest 'ss«p thereof, to 
at the rate of not to exceed four and one-half per cent, per annum, other assets of 
payable semi-annually, for such sum as may be left in said associa- ^^'"'"* '^"' 
tion, which interest shall not be allowed to accumulate beyond the 
time of payment, but shall be paid semi-annually to the holder of 
such certificates. Paid up certificates issued shall not at any one 
time exceed twenty per cent, of the other assets of the association. 

Sect. 3. Any holder of paid up certificates may withdraw his Holder of paid up 
money by giving at least thirty days' notice thereof, but the board withdraw fund. 
of directors of the association may, if necessary, use only one-half^ "" '""' ''"''' 
of the funds in the treasury for that purpose, but shall pay the 
same off in the order in which notices of withdrawals are received 
as fast as the funds in the treasury shall permit. Paid up certifi- 
cates may be paid off at any time at the option of the board of 

directors. Nf> foreign 

Sect. 4. No foreign building and loan association shall do busi- aMociafion"to do** 

, •• • , ■ business in this 

ness m this state. state. 

Sect. 5. All acts and parts of acts inconsistent with this act are Repealing clause; 
hereby repealed and this act shall take effect upon its passage. passage. 



[Approved March 20, 1917. 



564 



Chapter 88. 
CHAPTER 88. 



[1917 



AN ACT PROVIDING FOR WARNING SIGNS AT GRADE CROSSINGS. 



Section 

1. Public service commission may direct 
different signs for grade crossings, 
than those required by Laws of 
1915, ch. 4. 



Section 

2. Speed of self-propelled vehicle over 

grade crossing, not to exceed ten 
miles per hour. Penalty. 

3. Repealing clause; takes effect on 

passage. 



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



Public service SECTION 1. The public scrvice commission may by order pre- 

commission may ._ -,.„ ,, „ . -pi-i ''i 

direct different scribe a diiierent type or warning sign tor highway grade crossings 

crossings, ^han to replace the signs provided for and heretofore placed under the 

L^ws 0^19?^ ^^ provisions of chapter 4 of the Laws of 1915. Such signs shall be 

<>•»• 4- furnished and placed in position by the railroad company whose 

lines are crossed by any highway at grade, and shall thereafter be 

maintained by the city or town in which they are situate. All the 

provisions of said chapter 4 shall apply to said new signs, and to 

the responsibility for their maintenance and liability for removing, 

throwing down, injuring or defacing them, except that it shall not 

be required that the distance from the crossing shall be stated on 

the signs. 

Speed of self- Sect. 2. The pcrson controlling the movement of any self-pro- 

overgrade'^cross- pclled Vehicle upon passing such sign shall reduce the speed of 

ten' miles* per''^^'"^ such Vehicle, SO that within a distance of one hundred feet from the 

hour. Penalty, nearest rail of such crossing such vehicle shall not proceed at a 

greater speed than ten miles an hour. Any person violating the 

provisions of this section shall be liable to a fine of not exceeding 

fifty dollars, or imprisonment not exceeding three months, or both 

such fine and imprisonment. 

Rppeaiing clause; Sect. 3. All acts Bud parts of acts inconsistent with this act are 

p'assage. **' "" repealed, and this act shall take effect upon its passage. 



[Approved March 20, 1917.] 



1917 



Chapters 89, 90. 
CHAPTER 89. 



565 



AN ACT RELATING TO THE SALARY OF THE TREASURER OF THE COUNTY 

OF BELKNAP. 



Section 

1. Salary of treasurer of Belknap county 
to be $300 per annum; repealing 
portion of P. S., eh. 286, s. 19. 



Section 

2. Takes effect on passage. 



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

Section 1. That the salary of the treasurer of the county of salary of treas- 
Belknap shall hereafter be three hundred dollars per annum, pay- county to be"^^ 
able as now provided by law; and so much of section 19, chapter ^ep^g^ii?fg po°r'tion ' 
286 of the Public Statutes, as is inconsistent with this act is hereby ^^ ^^ ^- «''• 2^^' 
repealed. 

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

passage. 

[Approved March 20, 1917.] 



CHAPTER 90. 

AN ACT IN AMENDMENT OF SECTION 18, CHAPTER 10 OF THE PUBLIC 
STATUTES, AS AMENDED BY CHAPTER 124 OF THE LAWS OF 1909, 
RELATING TO ADMISSIONS TO THE STATE HOSPITAL. 

Sfction Section 

1. Person may be admitted for treat- 2. Takes effect 

ment on their own application, 
when; how discharged. Compen- 
sation for care of such, regulated. 

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

Section 1. Amend section 18, chapter 10 of the Public Statutes, Person may be 
as amended by chapter 124 of the Laws of 1909. by adding at tbe?r*lTtment'°n 
end of the section as thus amended the following: Pnmdrd, ^"■>?/'-I.aHor**''wheT^'' 
ever, that the superintendent of the state hospital mav receive nnd'!,''^ discharged. 

' ^ . II- ' 1 • 1 - Cnmpersation for 

detain therein as a patient, any person who desires to submit himself <are of cuch 
or herself to treatment for insanity, and who makes application in 
writing therefor, and whose mental condition is such as to render 
him or her competent to make such application. Such person shall 
not be detained Tor more than seven days after having given writ- 
ten notice of his or her desire or intention to leave said hospital. 
The charges for the support of such person at said hospital shall 



regulated. 



566 Chapter 90. [1917 

be governed by the provisions now in force for the support of an 
insane person in said hospital, provided the approval of the state 
board of lunacy shall be obtained in writing. Said superintendent 
shall give immediate notice of the reception of such person to the 
state board of lunacy, stating all the particulars of the case ; and 
by striking out the words "asylum for the insane" in the second 
and third lines of the original section and inserting in place thereof 
the words state hospital, and by striking out the word "supreme" 
in the sixth line of said original section and inserting in place 
thereof the word superior, so that said section as amended shall 
read as follows: 

Sect. 18. No person shall be committed to the state hospital, 
except by an order of the court or the judge of probate, without the 
certificate of two reputable physicians that such person is insane, 
given after a personal examination made within one week of the 
committal. Such certificate shall be accompanied by a certificate of 
a judge of the superior court or court of probate, mayor, or one of 
the selectmen, certifying to the genuineness of the signatures and 
the respectability of the signers. The physicians making such 
examination shall be legally registered to practice medicine in New 
Hampshire, and in the actual practice of their profession at the 
time of said examination and for at least three years prior thereto. 
They shall act jointly in making said examination and their certifi- 
cate shall bear the date of said examination. Neither of said phy- 
sicians shall be a relative of the person alleged to be insane, or an 
official of the institution to which it is proposed to commit sueh 
person. Any violation of the terms of this act may be punished 
by a fine not exceeding one hundred dollars. The certificate of 
insanity shall be in the form prescribt^d by the commission and 
shall contain the facts and circumstances upon which the judgment 
of the physicians is based. Provided, however, that the superin- 
tendent of the state hospital may receive and detain therein as a 
patient, any person who desires to submit himself or herself to 
treatment for insanity, and who makes application in writing there- 
for, and whose mental condition is such as to render him or her com- 
petent to make such application. Such person shall not be 
detained for more than seven days after having given written 
notice of his or her desire or intention to leave said hospital. The 
charges for the support of such person at said hospital shall be 
governed by the provisions now in force for the sup])ort of an 
insane person in said hospital, provided the approval of the state 
board of lunacy shall be obtained in writing. Said superintendent 
shall give immediate notice of the reception of such person to the 
state board of lunacy, stating oil the particulars of the case. 
Takes effect on Sect. 2. This act sluill take effect upon its passage. 



passage. 



: [Approved March 20, 19.17.] 



1917 



Chapters 91, 92. 
CHAPTER 91. 



567 



AN ACT RELATIVE TO PROTECTION OF HIGHWAY SIGNS AND GUARD RAILS. 



SliCTION 

1. Unlawful to injure or deface guard 
rails, guide boards, etc., or marks 
on state highways. 



Section 

2. Penalty. 

3. Takes effect on passage. 



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

Section 1. It shall be unlawful for any person to remove, in- unlawful to 
jure, deface or damage any guard rail, guide-board, sign, post, '^^^^^ raii^,'^ g^ufde 
marker, or the letters or figures thereon, or any design, bands or''"^';*^^' *'''=•: f 

' , " 7 ^ o > marks on state 

other markings used to designate state highway routes ; which shall highways. 
be erected, placed or painted on any highway by the state highway 
department or under its authority. Provided, however, that noth- 
ing in this act shall prohibit the owners of telephone, telegraph, or 
other public utility poles, which have been or hereafter may be, 
used by the highway department for bands or other markings to 
designate state highway routes, from removing such poles. 

Sect. 2. Any person violating this act shall be punished by a penalty. 
fine not exceeding one hundred dollars for each offense. 

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



passage. 



[Approved March 20, 1917. 



CHAPTER 92. 



AN ACT REGULATING THE DUTY OF POLICE OFFICERS IN CERTAIN CASES. 



Sk<^ttok 

1. Police to notify relative, friend or at- 
torney of person arrested, of the 
arrest: and permit conference be- 
tween them. 



Section 

2. Penalty for violation. 

3. Repealing clause; 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 officer in charge of any p^ii^^ to notify 
police station to which any arrested person is brought to imme- ^^J-;;;.';^^- f^'^p^^^"^ 
diately secure from the prisoner, if possible, the name and address j|j;j;|sted^^of the 
of the parent or nearest relative or friend or. attorney with whommit conference 

-, ■ . li ii- I'ii i.-e u between them. 

such prisoner may desire to consult, and to immediately notity, by 
telephone or messenger when practicable, such relative, friend or 
attorney', if possible,' ftt.ithe detentiop. o|,the .prisoper. It shall be 



568 



Chapter 93. 



1917 



Penalty for 
violation. 



Repealing clause 
takes effect on 
passage. 



the duty of such officer to permit the prisoner to confer with his 
relative, friend, or attorney at any time. 

Sect. 2. Any officer in charge of a police station violating the 
provisions of this act shall be punished by a fine of fifty dollars, 
or by imprisonment for not more than tliree months, or by both 
such fine and imprisonment. 

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 March 23, 1917.] 



CHAPTER 93. 



AN ACT TO REGULATE AND LIMIT THE INVESTMENTS OF SAVINGS BANKS. 



Section 

1. Investments of savings banks, and 

savings departments of banking 
and trust companies limited to se- 
curities specified herein. 

2. Note, and bond, defined. 

(1) Note or bond secured by first mort- 

gage on N. H. realty. 

(2) Note or bond secured by first mort- 

gage on certain realty outside of 
N. H., but within the U. S. 

(3) Note or bond secured by first mort- 

gage on timber lands within 
Maine or Vermont. 

(4) Note secured by collateral of cer- 

tain classes; or bonds secured 
by collateral of certain classes. 

(5) Note secured by collateral dealt in 

on Boston or N. Y. stock ex- 
change, when. 

(6) Note secured by savings bank de- 

posit book of any New England 
bank; or pass book in N. H. 
building and loan association. 

(7) Notes having two or more signers. 

or one or more indorsers; or ac- 
ceptances of member banks of 
federal reserve system, if eligible 
for rediscount, etc.: or in notes 
of maker worth $250,000 whose 
debts not over 50% of quick 
assets. 

(8) Bonds issued under federal farm 

loan act. 
3. Municipal bonds. Municipality defined. 

(1) Public funds of the U. R. 

(2) Authorized bon^s and notes of N. 

H. or any of' its municipalities. 

(3) Bonds or notes of any other of the 

United StHtes; and authorized 
bonds or notes of any citv in 
New England or New York, 
when. 



Section 

(4) Authorized bonds of any other city 

in U. S., when. 

(5) Authorized bonds of Dominion of 

Canada. 

(6) Authorized bonds of any province 

of the Dominion of Canada. 

(7) .Authorized bonds of any city of 

the Dominion of Canada, when. 
4. Other bonds, notes and stocks. Defin- 
itions of "company"; "public serv- 
ice company" : "mortgage bonds" ; 
"years"; "net income"; "annual 
interest." Limitations of invest- 
ment in such, regulated. 

(1) Steam railroad securities. 

(2) Same subject continued. 
(.^) Same subject continued. 

(4) Same subject continued. 

(5) Same subject continued. 

(6) Same subject continued. 

(7) Public service company securities. 

(8) Same subject continued. 

(9) Public service and water compa- 

nies in N. H. 

(10) Telephone and Telegraph com- 

panies. 

(11) Same subject continued. 

(12) Certain bonds and notes. 

(13) Certain classes of capital stock. 

5. Bonds, notes, stock or certificat-es of 

interest of New England manufac 
turing company, when. 

6. Capital stock of banking or trust 

company in N. H., or special de- 
posits of guaranty savingft banks 
in N. H. 

7. Stock of nationnl b.ink or trust com 

pany in New England or New York. 

8. Stock or certificates of interest of anv 

real estate corporation in N. H., 
when. 



1917 



Chapter 93. 



569 



Section 

9. When guaranty fund depleted, or 
assets of bank fail to exceed de- 
posits by five per cent., power to 
invest in certain of the foregoing 
denied, unless bank commissioners 
given written assent. Bank com- 
sioners may enjoin investment in 
foregoing, when they deem such 
advisable. 



Section 

10. Bank not to expend on its home 

buildings, etc., a sum greater than 
its unimpaired guaranty fund and 
surplus. 

11. Percentage of deposits to be invested, 

how determined. 

12. Repealing Laws of 1915, ch. 137, s. 

1, ch. 149, s. 1; and Laws of 1901, 
ch. 114, s. 1, and amendments 
thereto ; takes effect on passage. 



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

Investments of 

Section 1. On and after the passage of this act savings banks s^^j^ss bank*, 

. n • ^^^ savings de- 

and savings departments of banking and trust companies shall partments of 
make investment of their funds in the following classes of seeur- companies limited 

itieS only. specified herein. 

Sect. 2. For the purposes of this act a note shall be construed Note, and bond, 
as a written promise of an individual, firm, corporation or volun- *^^^"®**' 
tary association, signed by the maker, to pay a specified sum of 
money on demand or at a fixed or determinable future time, but 
not issued under indenture or deed of trust. A bond shall be con- 
strued as a note issued under indenture or deed of trust. 

1. In notes or bonds directly secured by first mortgage on real Note or bond 
estate situated within the state of New Hampshire ; but no such mortgage ^on "^^ 
investment shall be in a loan that exceeds seventy per cent, of the^' ^" '■**"y- 
value of the real estate by which it is secured and not exceeding 
seventy-five per cent, of the deposits shall be so invested. 

2. In notes or bonds directly secured by first mortgage on real Note or bond 
estate situated outside of New Hampshire but entirely within the mort^g^a'^ge*''on'^cer- 
United States, which at the time of such investment is improved, [^^'^ '"1^'*^^°"*^''** 
occupied and productive ; but not exceeding forty per cent, of the within the u. s. 
deposits shall be so invested, and no such investment shall be in a 

loan that exceeds fifty per cent, of the value of the real estate by 
which it is secured. 

3. In notes or bonds directly secured by first mortgage on tiin- xote or bond 
ber lands situated within the states of Maine and Vermont ; but mortgage on tim- 
not exceeding five per cent, of the deposits shall be so invested, and Maine"or ver'?'" 
no such investment shall be in a loan that exceeds fifty per cent."""*- 

of the value of the real estate by which it is secured. 

4. In notes secured by collateral in which the bank is at liberty Note secured by 
to invest, of a value at least ten per cent, in excess of the value of tain classes; or 
the note, and in bonds secured by collateral in which the bank is at coUateraT^crf* ter*^ 
liberty to invest under paragraphs 1, 2, 3, 4 and 7 of section 4, of ♦«'" <^'«««««- 

a value of at least ten per cent, in excess of the value of the note. 
The amount of any one class of securities so taken as collateral, 
added to that which the bank may own at the time, shall not exceed 
the total limit of investment in that class of security ; but not ex- 
ceeding twenty-five per cent, of the deposits shall be so invested. 



570 



Chapter 93. 



1917 



Note secured by 
collateral dealt in 
on Boston or N. Y. 
stock exchange, 
when. 



Note secured by 
savings bank 
deposit book of 
any New England 
bank; or pass 
book in N. H. 
building and loan 
association. 

Notes having two 
or more signers, 
or one or more 
indorsers; or 
acceptances of 
member banks of 
federal reserve 
system, if eligible 
for rediscount, 
etc. ; or in notes 
of maker worth 
$250,000 whose 
debts not over 
50% of quick 
assets. 



Bonds issued 
under federal 
farm loan act. 



Municipal bonds. 

Municipality 

defined. 



5. In notes secured by collateral securities which are dealt in on 
the stock exchanges of Boston or New York, the stock exchange 
price of which shall at all times be at least twenty per cent, in excess 
of the amount due upon the note, while held by the bank ; but not 
exceeding twenty-five per cent, of the deposits shall be so invested. 

6. In notes secured by any savings bank deposit book issued by 
any savings bank chartered under the laws of any New England 
state; or in notes secured by the depositor's pass-book of any build- 
ing and loan association of this state, provided that the investment 
shall not be in excess of the withdrawing value of said pass-book. 

7. In notes with two or more signers, or one or more indorsers, 
or in acceptances of member banks of the federal reserve system of 
the kinds and maturities made eligible for rediscount or purchase 
b}^ federal reserve banks, or in notes of makers whose net assets 
are not less than $250,000 and whose total indebtedness does not 
exceed fifty per cent, of their quick assets ; but not exceeding five 
per cent, of the deposits shall be loaned to any one borrower on this 
class of security ; and not exceeding thirty per cent, of the deposits 
shall be invested under the provisions of this paragraph, provided 
that, except in notes with two or more signers, or one or more in- 
dorsers, or in said acceptances, no savings bank shall invest under 
this paragraph unless its guaranty fund is full and unimpaired 
and the total value of its assets as determined by the board of bank 
commissioners shall exceed the amount of its deposits by at least 
ten per cent. 

8. In bonds issued under the provisions of the federal farm 
loan act. 

Municipal Bonds. 

Sect. 3. For the purposes of this section a municipality shall be 
construed as a county, city, town, village, district, precinct or other 
municipal corporation ; a municipal bond shall be construed as an 
interest-bearing obligation of a government, state, province or 
municipality, to provide for the interest and principal requirements 
of which taxes may be levied on all taxable propert.v within the 
confines of the obligor ; net debt shall be construed as debt after 
deducting sinking funds available for the payment of such debt 
and the net outstanding debt created for supplying the inhabitants 
with water; assessed valuation shall be construed as the nearest 
preceding valuation of property for purposes of taxation ; and popu- 
lation shall be construed as the number of inhabitants in accordance 
with the nearest preceding census taken under federal or state 
aiithority. 

Not exceeding five per cent, of the deposits shall be invested in 
the bonds of any one municipality ; and not exceeding in the aggre- 
gate ten per cent, of the deposits shall be invested in the bonds of 
the Dominion of Canada, its provinces and cities. 



iyi7J Chapter 93. 571 

1. In the public funds of the United States, or those for which Public funds of 
the faith of the United States is pledged to provide foi- tlic payment*'"' ^' ^' 

of the interest and principal. 

2. In the authorized bonds and notes of this state, or any of its ^^^^^Xs'^o]^""^' 
municipalities. ^'- h. or any of 

o T J.1 XI • 1 1 1 n ''® municipalities. 

6. in tne authorized bonds or notes of any state or territory of Bonds or notes of 
the United States; and in the authorized bonds or notes of any iTn^ite^llafes?" 
city of the states of Maine, Vermont, Massachusetts, Rhode Island, ^^^^^"J^*'°J"Jj^|^''^f 
Connecticut, or New York, whose net indebtedness does not exceed any city in New 

. o .^ ■, , -,. , . „ , England or New 

seven per cent, of the last preceding valuation of the property York, when. , 
therein for taxation; or of any municipality in said states whose 
net indebtedness does not exceed five per cent, of such valuation. 

4. In the authorized bonds of any municipality of anv other of A.'^thorized bonds 

,, TT -x 1 oij. X X -^ • 1 • T / 1 ■ ■, "* *^J' other city 

the United States or territories whose net indebtedness does not in u. s., when, 
exceed five per cent, of the last preceding valuation of the property 
therein for taxation ; and in the authorized bonds of any city of 
fifty thousand inhabitants of any of said states w'hose net indebted- 
ness does not exceed seven per cent, of the last preceding valuation 
of the property therein for taxation. Provided, that the bonds of 
any county, city, or town of less than ten thousand inhabitants, or 
of any school district or other municipal corporation of less tlian 
two thousand inhabitants in any state or territory other than tliose 
named in paragraph 3 of this section shall not be authorized 

investments. Authorized bonds 

5. In the authorized bonds of the Dominion of Canada. Canada. 

6. In the authorized bonds of any province of the Dominion of ^"*^'"''^*^'^ bonds 

•^ i^ ot any province of 

Canada. ^^^ Dominion of 

7. In the authorized bonds of any city of the Dominion of Can- Authorized bonds 
ada, with a population of not less than fifty thousand, whose net oominion'of ^^^ 
debt does not exceed seven per cent, of the last preceding valuation Canada, when, 
of the property therein for taxation. 

Other Bonds, Notes and Stocks. 

Sect. 4. For the purposes of this section a company shall be ^nd^^gtwks ^' °"*" 
construed as a corporation or voluntary association organized under Definitions of 
the laws of the United States or any state thereof and located and "public serTice 
doing business principally within the United States ; a public service ^a^J' bonds";™*"*' 
company shall be construed as a company doing principally a gas, jjfc^'^e-.-. '."^nuai 
electric light, electric power or electric railway business ; mortgage j^/^^fl^V'j, ^^ 
bonds shall be construed as bonds secured primarily by direct and investment in 

, ■ 1 , t ^ At IT such, regulated. 

foreclosable lien on physical property owned by the obligor; years 
shall be construed as calendar years, fiscal years or nearer periods 
of twelve months next preceding such investment : net income shall 
be construed as income after deducting operating expenses, taxes, 
insurance, rentals, guaranteed interest and guaranteed dividends, 
and expenditures for maintenance; and annual interest shall be 



572 



Chapter 93. 



1917 



construed as interest actually paid in each year except that for the 
latest year it shall be construed as one year's interest on the total 
amount outstanding at the time of the investment. 

Not exceeding seventy-five per cent. (759?) of the deposits shall 
be invested in securities authorized under this section ; and not 
exceeding five per cent. (5%) of the deposits shall be invested in 
the securities of any one company, and not exceeding twenty-five 
per cent, of the deposits shall be invested in securities authorized 
by this section other than in bonds and notes. 

No investment shall be made in securities authorized under this 
section unless the net income of the company in question in each 
of the three years next preceding such investment shall have been 
not less than one and one-quarter (IVi) times the annual interest 
on the entire funded debt. 

In the case of a company formed by the consolidation of two 
or more existing companies, the net income and annual interest for 
the years preceding such consolidation shall be the combined net 
income and annual interest of the consolidated companies. 

The change of motive power by any steam railroad company, 
whether wholly or in part, shall not affect the eligibility for invest- 
ment of any steam railroad obligations. 

Subject to the foregoing, investments may be made as follows : 

Steam Railroad Securities. 



steam railroad 
securities. 



Samo subject 
continued. 



Same subject 
oontinued. 



1. In bonds or notes issued or assumed by steam railroad com- 
panies and in mortgage bonds of companies controlled by such 
companies for the refunding of which mortgage bonds of such compa- 
nies are specifically reserved, provided that in each of the three 
years next preceding such investment the net income of such com- 
panies shall have been either (1) not less than ten million dollars 
($10,000,000) and not less than one and one-half (IV2) times the 
annual interest on the obligations in question and all other obliga- 
tions of corresponding or prior lien, or (2) not less tliau two mil- 
lion dollars ($2,000,000) and not less than one and three-quarters 
(1%) times the annual interest on the obligations in question and 
all other obligations of corresponding or prior lien. 

2. In mortgage bonds guaranteed as to principal and interest 
by such companies, provided that in each of the three years next 
preceding such investment the net income of the obligor company 
shall have been not less than five hundred thousand dollars ($500,- 
000) and not less than one and one-half (1^>) times the annual 
interest on the obligations in question and all other obligations 
of corresponding or prior lien. 

3. In equipment securities issued or guaranteed as to principal 
and interest by such companies, provided such securities are issued 
for not exceeding in par value eighty-five per cent. (85%) of the 



1917] Chapter 9']. 573 

cost of standard equipment and mature in approximately equal 
annual installments over a period of not exceeding fifteen years. 

4. In the mortgage bonds of terminal or bridge companies guar- same subject 
anteed as to principal and interest, by two or more such companies. '»"'^>'»'^«<*- 

5. In certificates of indebtedness, commonly termed ' ' receiver 's same subject 
certificates," issued by a receiver of any steam railroad under '^°*^'°^*"^' 
authorization of the court having jurisdiction over such receiver. 

6. In the dividend-paying capital stock of steam railroad com- same subject 
panics of which the net income in each of the five years next pre- '^^ '"*** 
ceding such investment shall have been either ( 1 ) not less than ten 
million ($10,000,000) and not less than one and one-half (11/2) 

times the annual interest on the entire funded debt, or (2) not less 
than two million dollars ($2,000,000) and not less than twice the 
annual interest on the entire funded debt, provided that the income 
of such companies applicable to dividends in at least four of the 
five years next preceding such investment shall have been not less 
than the current annual dividend requirements on the class of 
stock in question and all other classes of stock of prior preference 
and that such companies in each of the five years next preceding 
such investment shall have paid dividends at the rate of not less 
than four per cent. (4%) per annum on the class of stock in ques- 
tion and all other classes of stock of prior preference, or in the 
dividend-paying stock of any steam railroad company that is leased 
to such company and whose dividends are guaranteed by such 
company. 

Public Service Companies. 

7. In mortgage bonds issued or assumed by public service com- Public service 
panics and in mortgage bonds of companies controlled by such com- H^^tmL. 
panics for the refunding of which mortgage bonds of such 
companies are specifically reseryed, provided that in each of the three 

years next preceding such investment the net income of such com- 
panies shall have been either (1) not less than five hundred thou- 
sand dollars ($500,000) in the case of street railways and not less 
than two hundred and fifty thousand dollars ($250,000) in the case 
of other public service companies and not less than one and three- 
quarters (1%) times the annual interest on the obligations in 
question and all other obligations of corresponding or prior lien, 
or (2) not less than one hundred fifty thousand dollars ($150,- 
000) and not less than twice the annual interest on the obligations 
in question and all other obligations of corresponding or prior lien ; 
and in bonds or notes issued or assumed by public service compa- 
nies, provided that in each of the three years next preceding such 
investment the net income of such companies shall have been not 
less than five hundred thousand dollars ($500,000) and not less 
than two times the annual interest on the obligations in question 



574 



Chapter 93. 



[1917 



Same subject 
continued. 



and all other obligations of corresponding or prior lien ; provided 
that in all cases the principal franchise or franchises of such cor- 
porations shall not mature prior to the maturity of the obligations 
in question, or that such companies operate under indeterminate 
franchises or permits and are subject to the regulatory supervision 
of a state commission of competent jurisdiction, or that such com- 
panies operate under a franchise or permit in which the capital 
or investment value of the company's property is fixed or deter- 
mined when such investment or capital value is in excess of the 
indebtedness represented by the above obligations, or that in the 
ease of electric railways not less than seventy-five per cent. (75%) 
of the mileage owned is located on private right of way. 

8. In the dividend-paying capital stock of senior preference of 
public service companies of which the net income in each of the 
five years next preceding such investment shall have been not less 
than five hundred thousand dollars ($500,000) and not less than 
one and three-quarters (1%) times the annual interest on the entire 
funded debt, provided that the income of such companies applicable 
to dividends in at least four of the five years next preceding such 
investment shall have been not less than the current annual divi- 
dend requirements on the class of stock in question, and that such 
companies in each of the five years next preceding such investment 
shall have paid dividends at the rate of not less than four per cent, 
per annum on the class of stock in question, and provided that the 
issue of such stock has been authorized by a state commission of 
competent jurisdiction and, provided, further, that not exceeding 
ten per cent, of the deposits shall be so invested. 



New Hampshire Companies. 



Public service 
and water com- 
panies in N. H. 



9. In the bonds or notes of public service and water companies 
organized under the laws of and located and doing business prin- 
cipally within the state of New Hampshire ; provided the net in- 
come of such companies in each of the three years next preceding 
such investment shall have been not less than twice the annual 
interest on the obligations in question and all other obligations of 
corresponding or prior lien ; and in the dividend-paying capital 
stock of senior preference of such companies, provided that the 
income of such companies applicable to dividends in at least four 
of the five years next preceding such investment shall have been 
not less than one and one-eighth times the current annual dividend 
requirements on the class of stock in question, and that such com- 
panies in each of the five years next preceding such investment shall 
have paid dividends at the rate of not less than four per cent, per 
annum on the class of stock in question. 



1917] Chapter 93. 575 

Telephone and Telegraph Companies. 

10. In bonds or notes issued or assumed by telephone, telegraph, Telephone and 
or telephone and telegraph companies of which the net income in comp'^Tn Js. 
each of the five years next preceding such investment shall have 

been either (1) not less than ten million dollars ($10,000,000) and 
not less than two times the annual interest on the entire funded 
debt, or (2) not less than two million dollars ($2,000,000) and 
not less than two and one-half (21/2) times the annual interest on 
the entire funded debt, but not exceeding fifteen per cent, of the 
deposits shall be so invested. 

11. In the dividend-paying capital stock of senior preference, same subject 
of telephone, telegraph, or telephone and telegraph companies of '^^ '""^ 
which the net income in each of the five years next preceding such 
investment shall have been either (1) not less than ten million dol- 
lars ($10,000,000) and not less than twice the annual interest on 

the entire funded debt, or (2) not less than two million dollars 
($2,000,000) and not less than two and one-half (21/2) times the 
annual interest on the entire funded debt, provided that the in- 
come of such companies applicable to dividends in at least four of 
the five years next preceding such investment shall have been not 
less than the current dividend requirements of the class of stock 
in question, and that all companies to be eligible under this para- 
graph in each of the five years next preceding such investment shall 
have paid dividends at the rate of not less than four per cent, per 
annum upon the class of stock in question, but not exceeding ten 
per cent, of the deposits shall be invested under the provisions of 
this paragraph. 

Bonds or Notes. 

12. In bonds or notes issued or assumed by companies of which Certain bonds 
the net income in each of the five years next preceding such invest- 
ment shall have been either (1) not less than ten million dollars 
($10,000,000) and not less than two times the annual interest on 

the entire funded debt, or (2) not less than two million dollars 
($2,000,000) and not less than four (4) times the annual interest 
on the entire funded debt, but not exceeding fifteen per cent, of the 
deposits shall be so invested. ^ 

Capital Stock. 

13. In the dividend-paying capital stock of senior preference, Certain classes of 
of companies of which the net income in each of the five years next*^*^'** 
preceding such investment shall have been either (1) not less than 

ten million dollars ($10,000,000) and not less than twice the interest 
on the entire funded debt, or (2) not less than two million dollars 
($2,000,000) and not less than four times the annual interest on 



576 



Chapter 93. 



1917 



Bonds, notes, 
stock or certifi- 
cates of interest 
of New England 
manufacturing 
company, when. 



Capital stock of 
banking or trust 
company in N. H. 
or special deposits 
of guaranty sav- 
ings banks in 
N. H. 



Stock of national 
bank or trust 
company in New 
England or New 
York. 



the entire funded debt, provided that the income of such companies 
applicable to dividends in at least four of the five years next pre- 
ceding such investment shall have been not less than the current 
dividend requirements of the class of stock in question ; or if such 
companies have no funded debt then the income applicable to divi- 
dends in at least four of the five years next preceding such invest- 
ment shall have been not less than one and one-fourth (I14) times 
the current dividend requirements of the class of stock in question ; 
and that all companies to be eligible under this paragraph in each 
of the five years next preceding such investment shall have paid 
dividends at the rate of not less than four per cent, per annum upon 
the class of stock in question. Without the written approval of the 
board of bank commissioners no investments shall be made under 
the authority of this and the preceding paragraph, and it shall be 
the duty of said board to furnish to the banks from time to time 
a list of such securities as are eligible for investment, but not ex- 
ceeding fen per cent, of the deposits shall be invested under the 
provisions of this paragraph. 

Sect. 5. In the bonds, notes, stock or certificates of interest of 
any manufacturing company organized and doing business in the 
New England states that has earned and paid regular dividends on 
its entire capital stock or certificates for each of the five years next 
preceding such investment, and whose net indebtedness does not 
exceed fifty per cent, of the amount of its unimpaired capital stock ; 
but not exceeding ten per cent, of the deposits shall be so invested ; 
provided, no bank shall hold more than twenty-five per cent, of 
the stock of any such company. 

Sect. 6. In the capital stock of any banking or trust company, 
or special deposits of guaranty savings banks incorporated under 
the laws of the state of New Hampshire and doing business therein ; 
but the amount of such stock held by any savings bank as an invest- 
ment and as collateral for loans shall not exceed one-tenth of the 
total capital stock or special deposits of such banking or trust com- 
pany or guaranty savings bank, and not exceeding ten per cent, 
of the deposits shall be so invested. 

Sect. 7. In the stock of any national bank or trust company 
located in the New England states or the state of New York, but 
not exceeding ten per cent, of the deposits of a savings bank shall 
be invested in such stock; the amount of stock in any national bank 
or trust company in this state which may be held by any savings 
bank as an investment or as collateral security for loans shall not 
exceed twenty-five per cent, of the capital stock of said national 
bank or trust company; and the amount of stock in any national 
bank or trust company outside of this state which may be held by 
any savings bank as an investment or as collateral for loans shall 
not exceed one-tenth of the capital stock of said national bank or 
trust company. 



1917] Chapter 93. 577 

Sect. 8. In the stock or certificates of interest, of any real estate stock or certifi- 
corporation or association of this state and whose property is occu- of *tny^La*^e8tite 
pied and improved and is located in this state, whose capital stock N.^Hrwhen.'" 
is one hundred thousand dollars or more, provided the total indebt- 
edness of such corporation or association does not exceed one-half 
of the capital stock actually paid in and remaining unimpaired, 
and provided such corporation or association has earned and paid 
regular dividends of at least four per cent, per annum upon its 
.capital stock or shares for five years previous to such investment; 
but not exceeding five per cent, of the deposits shall be so invested. 

Sect. 9. Unless the guaranty fund of a bank is full and unim- when guaranty 
paired and the value of its assets as determined by the board of l^sel'^o? bS flii 
bank commissioners shall exceed the amount of the deposits by at*° 1.'"=^^'^ deposits 

^ •' by five per cent., 

least five per cent., it shall be unlawful for it to invest in any stocks po^*"!" *« '"^est in 

n 1 n n 1 t rt If • a • • • n • certain of the 

or paragraphs b, o and 16 ot section 4 or in any securities of section foregoing denied, 
5 of this act without the written permission of the board of bank mlssione^r give™ 
commissioners ; and whenever in the opinion of the board of bank Banif "co*mm?s!sion- 
commissioners the condition of any bank or general financial con- f^^ ™^- e"i."'" 

•' ° investment in 

ditions are such that the board deems it unwise for said bank to ^'"■''^"•ne. when 

... , . i(>i.i *"''^' deem such 

invest in said securities, it may by written order forbid such bank advisable. 
to make such investment, and it shall not thereafter be legal for 
said bank to make such investment until such order shall be revoked 
in writing. 

Sect. 10. No savings bank shall expend in the purchase, con- Bank not to ex- 
struction or remodelling of any building and the construction of bundings,'*etc^*'^* 
vaults, for the purpose, in whole or in part, of accommodating the f,"'^^?'^^^" e^"" 
business of such bank, a greater sum than the amount of its unim- ^ua'"ant^/""d 

^ . . 1 • T ^"" surplus. 

paired guaranty fund and surplus, except it is authorized to do so 
by the bank commissioners. 

Sect. 11. In determining the percentage of deposits invested percentage of 
under the provisions of this act, previous investments held by the fn^gg^ted/how 
banks shall be included. determined. 

Sect. 12. Section 1 of chapter 137 and section 1 of chapter 149 Repealing Laws of 
of the Laws of 1915 and section 1 of chapter 114 of the Laws of J.^chl i49,^s.^ir 
1901 and all amendments thereto and all acts and parts of aets^g^j^^^^^j^^ j 
inconsistent with this act are hereby repealed and this act shall take fherelo-^'tak'e^"' 

effect upon its passage. effect on passage. 

[Approved March 27, 1917.] 



578 



Chapter 94. 
CHAPTER 94. 



[1917 



AN ACT TO LICENSE JUNK DEALERS AND TO REGULATE THE CONDUCT 
OF THEIR BUSINESS. 



Section 

6. Penalty for refusing admission to 
chief of police or selectmen, or 
witholding books, etc. 

License to be numbered, and licensee 
to have similar number exposed on 
his person and wagon used in col- 
lecting junk. Badge to be fur- 
nished by officer. 

License fee, how regulated. 

Penalty. 

Repealing P. S., ch. 124 and amend- 
ments. 

Takes effect on passage. 



7. 



9. 
10. 



11. 



Board of police 
commissioners; 
or mayor and 
aldermen, and 
boards of select- 
men to license 
and regulate junk 
dealers; and may 
revoke license 
after a hearing 
on preferred 
charges. 



O'inditions of 
license; same to 
(• intinue until 
A.pril 1, next. 



Skction 

1. Board of police commissioners; or 

mayor and aldermen, an-d boards 
of selectmen to license and regulate 
junk dealers ; and may revoke li- 
cense after a hearing on preferred 
charges. 

2. Conditions of license; same to con- 

tinue until April 1, next. 

3. Penalty for conducting business with- 

out license; superior court may en- 
join violator. 

4. Licensing board may limit place for 

storage, and quantity to be stored. 

5. Chief of police in cities and select- 

men of towns may examine prem- 
ises, books, etc., of junk dealer. 



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

Section 1. The board of police commissioners of any city or 
town, or the mayor and aldermen of any city or the selectmen of 
any town in which there has not been established a board of police 
commissioners, may license suitable persons, in their discretion, to 
be dealers in and keepers of shops for the purchase and sale or 
barter of, old junk, old metals, old or second-hand bottles, cotton 
or woolen mill waste, unfinished cloth, cotton or woolen mill yarns 
in an unfinished state, not of family manufacture, or second-hand 
articles excepting furniture and books, w-ithin their res})e('tive 
cities or towns, or to accumulate, store or handle said commodities 
therein for the purpose of sale or barter elsewhere, or as bailees 
for others, and may determine and designate the place where the 
Imsiness is to be carried on, and the place where the commodities 
aforesaid may be accumulated, stored or handled, under a license. 
The board which grants said licenses may revoke the same, in 
their discretion, after a hearing on charges preferred ; and may 
from time to time establish rules, regulations and restrictions 
relative to the business carried on as aforesaid ; and every such 
rule, regulation and restriction shall be incorporated in said license. 

Sect. 2. The license shall designate the place where the business 
is to be carried on, and shall contain a condition that the person 
to whom it is granted shall not ])urchase from any minor under the 
age of sixteen years nor barter with any such minor for any com- 
modity named in the preceding section, without the written consent 
of his parents or guardian, and such other conditions and n^stric- 
tions as may be prescribed by the board which grants said licenses. 



1917] Chapter 94. 579 

Said license shall continue in force until the first day of April next 
following, unless sooner revoked, and may be renewed upon appli- 
cation to the licensing board. 

Sect. 3. Any person who, without a license, shall be a dealer in Penalty for con- 
the aforesaid commodities or keep a shop for the purchase, sale or wHh'oul li^'naeT 
barter thereof, or whoever, without a license, shall accumulate, store may"n%fn'"* 
or handle said commodities for the purpose of sale or barter or as ^'oiato"". 
a bailee for otters, and any person having a license who shall carry 
on the business, or accumulate, store or handle the commodities 
aforesaid at any other place than that specified in his license, or 
after notice that his license has been revoked, shall be punished by 
a fine of ten dollars for each and every day such offense continues, 
and the superior court may enjoin any person from dealing in the 
commodities aforesaid, or from keeping a shop for the purchase, 
sale or barter thereof, or from accumulating, storing or handling 
said commodities contrary to the provisions of this act, and may 
also enjoin any licensee from carrying on the business or accumulat- 
ing, storing or handling the commodities aforesaid at any other 
place than that designated in his license. 

Sect. 4. The licensing board of a city may, by regulation, pro- Licensins board 
hibit the accumulation or storage of the commodities designated in ™,r^sto™aKe!' and 
this chapter, the granting of licenses therefor, and the granting of ^tored.'^ ^ ^* 
licenses to deal in or keep a shop for the purchase, sale or barter 
of said commodities, within or in the immediate vicinity of the 
compact part of such city, and define the limits within which said 
commodities shall not be accumulated or stored or said business 
carried on, or licenses therefor granted, and all such regulations 
heretofore adopted by any such licensing board are hereby ratified 
and confirmed ; but the adoption of any such regulation shall in 
no way affect the duties of the licensing board in acting upon 
applications for licenses to be exercised in territory outside the 
limits specified in such regulation. 

Sect 5. The chief of police of a city, and selectmen of a town. Chief of police in 

^ (.1 ' • cities and select- 

or any officer authorized by either of them, may at any time enter men of towns may 

-, '-IT j»ii i?i- examine premises, 

upon any premises used by said licensee for the purposes ot his books, etc.. of 

business, ascertain how he conducts his business and examine alP'^"'^ dealer. 

commodities purchased or obtained or kept or stored in or upon 

said premises and all books and inventories relating thereto. Every 

such licensee, his clerk, agent, servant or other person in charge of 

the premises shall exhibit to such officer on demand any or all of 

such commodities, books and inventories. 

Sect 6 Every such licensee, his clerk, agent or other person in Penalty for re^ 

•' 11. T • 1 J. /h2 fusing admission 

charge of such premises, who refuses to admit thereto an officer to chief of police 
authorized to enter the same or who fails to exhibit to him on ^""ithhoTding"' 
demand all such commodities, books and inventories, and any per-'"'"''^' **^- 
son who wilfully hinders, obstructs or prevents such officer from 
entering the premises or from making the examination authorized 



580 



Chapter 94. 



1917 



License to be 
numbered, and 
licensee to have 
similar number 
exposed on his 
person and wagon 
used in collecting 
junk. Badge to be 
furnished by 
officer. 



License fee, how 
regulated. 



Penalty. 



Repealing P. 
ch. 124 and 
amendments. 



Takes effect on 
paBsage. 



in the preceding section, shall be punished by a fine of not more 
than fifty dollars or by imprisonment for not more than sixty days, 
or by both such fine and imprisonment. 

Sect. 7. Every license shall be numbered and each licensee col- 
lecting any. of the aforesaid commodities, in any wagon or vehicle 
shall have placed upon the outside of such wagon or vehicle and 
upon each side of the same, the number of the license in plain, 
legible figures of not less than three inches in size so that the same 
may be distinctly seen and read. Every person going about from 
place to place collecting said commodities shall also wear a badge 
on his hat or cap or about his person with the number of his license 
thereon in brass or plated figures of not less than one inch in size, 
so placed that the number may be distinctly seen and read. No 
person not licensed shall collect or purchase any of the commodities 
above specified unless he acts as a helper to and is accompanied by 
some licensee. The badge aforesaid shall be furnished by the 
board of police commissioners or by the city clerk of cities or by 
the selectmen of towns, upon payment of a suitable fee therefor. 

Sect. 8. The fee for such license or renewal thereof shall be 
fixed by the board which issues the license and shall be paid into 
the treasury of the city or town in which the license is to be in 
force, and no person in any city or town shall be required to pay 
a larger fee for said license than that required to be paid by any 
other person in the same city or town for a similar license. 

Sect. 9. Any person who shall violate any provision of this 
chapter or his license, for a violation of which no punishment is 
above provided, shall be fined not exceeding ten dollars or be impris- 
oned not exceeding thirty days. 

Sect. 10. Public Statutes, chapter 124, and all amendments 
thereto are hereby repealed, but all licenses issued under said stat- 
utes shall continue in force until April 1, 1917. 

Sect. 11. This act shall take effect upon its passage. 

[Approved March 27, 1917.] 



1917 



Chapter 95. 
CHAPTER 95. 



581 



AN ACT TO PROVIDE FOR ABSENT VOTING BY THE NEW HAMPSHIRE 
NATIONAL GUARD AND VOLUNTEERS WHILE IN THE MILITARY SERVICE 
OF THE STATE OR FEDERAL GOVERNMENT. 



Section 

1. Soldiers in service may vote for presi- 

dential electors, United States sen- 
ator and member of Congress. 

2. Adjutant-general to prepare and ver- 

ify list of voters, for secretary of 
state. 

3. Secretary of state to inform governor 

and council, when. 

Governor and council to appoint com- 
missioners representing each po- 
litical party, who shall take the 
votes of the soldiers. 

Secretary of state to prepare special 
ballots for use of commissioners; 
form of affidavit thereon. 



4. 



5. 



Section 

6. Affidavit to be signed by voter; and 
ballot marked and sealed by voter 
and delivered to commissioner. 

Commissioners to deliver ballots to 
secretary of state, who shall deliver 
them to moderator of town or ward 
where soldier was entitled to vote. 

Procedure by moderator. 

Death of voter between date of voting 
and election day, voids the ballot. 

Absence in the service not to be con- 
strued as absence from home, with- 
in meaning of election laws. 

Penalty. 

Conflicting acts suspended ; takes ef- 
fect on passage. 



7. 



9. 



10. 



11. 

12. 



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

Section 1. In addition to the method of voting now prescribed sowiers in service 
by law, members of the New Hampshire National Guard and volun-™residentiIreiec- 
teers in the state or federal military service, may vote at biennial g°"j'gg'^"g'^|^pj. 
elections for the candidates for presidential electors, United States %^^ member of 

Congress. 

senator, and member of congress, in the manner hereinafter pro- 
vided. 

Sect. 2. The adjutant-general shall, seasonably prior to any Ad.iutant-gener.!i 
biennial election, whenever the national guard or volunteers, or v"er^[v^nlt of*' 
parts thereof, are in such service, obtain from the members thereof ^"^^'"^^/^[gj^'''"^ 
a complete list of those who claim to be qualitied electors of this 
state together with the town or ward wherein each is entitled to 
vote. He shall verify such list by obtaining verifying certificates 
in regard thereto from the supervisors or registrars of the various 
towns and wards. He shall thereupon lay such list and certifi- 
cates before the secretary of state together with a statement of 
the then location of the various members of the national guard 
and volunteers in such service. 

Sect. 3. The secretary of state sliall thereupon lay before the Secretary of state 
governor and council a statement showing the locations and the nor and coCncIi. 
number of the members of the national guard and volunteers pres- '''^^"' 
ent at each place where twenty or more are together. 

Sect. 4. The governor and council shall thereupon designate Ocvrr-or nnd 

, Ti- 1 J. J i2 J • council to appoint 

commissioners representing each political party as denned m commissioners 
chapter 153 of the Public Statutes as many different sets of com-;t.iiUcarpart>?''' 



10 



5i2" Chapter 95. [1917 

who shall take missioners as the location of such members of the national guard 

the votes of the iij. • t_ • • uiiiu 

soldiers. and volunteers in such service may require, who shall be sworn 

by the governor to the faithful performance of their duties as 
commissioners, and shall obtain from the secretary of state the 
envelopes and ballots, as hereinafter provided, and seasonably be- 
fore the day of election, proceed to such locations as may be desig- 
nated to them by the governor and council and take the votes of 
such members of the national guard and volunteers in the manner 
hereinafter provided. Each set of commissioners may be sent 
to as many different locations as may be practicable. 

Secretary of state Sect. 5. The Secretary of state shall prepare ballots for this 

to prepare special . -, •,, • , • , ,• i j. a.i j. 

ballots for use of purposc in accordaucc with existing election laws, except that 
fo^oT'aMavit they shall cover only those offices designated in section 1 of this 
thereon. ^g^^ g^^j shall have printed on the face thereof the words "Absent 

Voter Ballot," and shall deliver to such commissioners as many 
such ballots as may be required by them for the performance of 
their duties, such ballots to be enclosed in two envelopes, the inside 
one of which shall have printed on its face an affidavit as follows : 

State of 

County of 

ss. 

being duly sworn says that 

he is a member of (organization) , that 

he is years old ; that he is entitled to vote in the 

ward (city, village or town) , County of 

New Hampshire. 



Subscribed and sworn to before us this day of 

19 .... : and we hereby certify that the affiant 

exhibited the endorsed ballot to us unmarked, and that he then, 
in our presence alone, and in such manner that we have not seen 
his vote; marked such ballot, and enclosed and sealed the same in 
this envelope. That the affiant was not solicited or advised by 
us to vote for or against any candidate or measure. 



Commissioners. 
The outside envelope shall have printed thereon the following : 

Voting Papers of 

Company (or Battery) Regiment. 

County Town or City Ward .... 

Sect. 6. Sucli members of the national guard or volunteers 
sisned by voter: cj^jj^U yyjj^j^g an(j subscribe the said affidavit before such commis- 

and hallot markeQ 

and sealed by voter si oners, and shall thereupon, in the presence of such commission- 

and delivered to i ,. ■ ■ i n t ■ i 

commissioner. ers and 01 no Other person, mark such ballot, but in such manner 
that such commissioners cannot see the vote, and such ballot shall 



Affidavit to be 



1917] Chapter 95. 583 

thereupon, in the presence of such commissioners, be enclosed in 
said inside envelope, and the same securely sealed. Said envelope 
shall then be enclosed by the voter in the outside envelope sealed 
and delivered by him to such commissioners. 

Sect. 7. Such envelope containing such ballots shall be deliv- commissioners to 
ered by said commissioners to the secretary of state as many days f^;;tary^of stlV 
prior to the day of election as is practicable, and the secretary of.T'"' f^" ^j^''^^'"' 

,,, , 11. them to moderator 

state shall thereupon enclose the same in packages or in envelopes"^ 'own or ward 
addressed to the moderator of the towns or wards designated onrnti't'ied'"'to'votr.'*'' 
said outside envelopes. 

Sect. 8. The moderator shall receive and hold such envelopes Procedure by 
enclosing such ballots, still securely sealed, until the, time comes °""**""*''"*'"- 
for the closing of the polls at such election, when, if the official 
checklist in use at such election shows that such member of the 
national guard or volunteer has not voted, and is still entitled to 
vote, he shall open said outside envelope and present such en- 
velopes and affidavits thereon to the supervisors of the checklist 
for inspection, and if they or such of them as are present, shall 
be satisfied that the affidavit is complete, said ballot shall be taken 
from its envelope, without destroying the affidavit, and deposited 
in the ballot box without unfolding or examination. If the affi- 
davit appears to be defective, the envelope shall be so marked by 
the supervisors and shall not be unsealed. The envelopes when 
such ballot is voted, and the envelopes with their contents, when 
such ballot is rejected, shall be preserved with the official ballots 
in accordance with the election laws relating to the retention and 
preservation of official ballots. 

Sect. 9. If it shall appear upon proof to the supervisors, or to Death of voter 
the secretary of state upon any recount, that an absent voter died voti^R^and^eLcUon 
or was killed before election day, his ballot shall not be cast, or^*,^;^^^^''** *•** 
counted, as the case may be, and if not east on election day, shall 
be returned as a defective ballot. 

Sect. 10. It shall not be construed that any member of the Absence in the 
national guard or volunteer in the state or federal service is absent construed" as" ab 
from his town or ward within the meaning of any of the election ^j'Jhtn^^C'a^i^^^of 

laws election laws. 

Sect. 11. If any voter or official shall neglect or refuse to per- Penalty, 
form any of the duties prescribed by this act, or shall violate any 
of the provisions thereof, he shall upon conviction be fined not 
less than one hundred dollars nor more than one thousand dollars, 
or confined in jail not to exceed ninety days. 

Sect. 12. Acts and parts of acts in conflict herewith are sus- Conflicting nets 
pended as to the provisions of this act, and this act shall take Xcrolf pUsage" 
effect upon its passage. 

[Approved March 27, 1917.] 



584 



Chapter 96. 
CHAPTER 96. 



1917 



AN ACT FOR THE PROTECTION OF STATE ROADS. 



Section 

1. Illegal to excavate in state highways 

without written permission of 
state department ; except by proper 
public officers in emergency. 

2. Highway commission to make rules 

for purpose of this act: ard may 
require bond before excavation. 



Section 

,". Penalty. 

4. Exception, in favor of railroads at 

crossings. 

5. Takes efifect on passage. 



Be it enacted hy the Senate and H&iise of Representatives in 
General Court convened: 



Illegal to excavate SECTION 1. It shall be Unlawful for any person or corporation 
in state highways ^^ cxcavate OP disturb the surface improved for travel of anv 

without written \ •• 

permission of state state Toad, truuk line road or state aid road for anv purpose 

department; . . ... ' i • i 

except by proper whatsoever without Written perinission irom the state highway 

public officers in,., -tj? xij.- i- j.i 

emergency. department; pravuted, however, that in cases ot emergency the 

proper public officials may take such immediate action as may 
be necessary without such permission, but in such cases said 
officials shall at once notify the state highway department of their 
action. 
Highway commis- ^ECT. 2. Authority is hereby given the state highway com- 
sion to make rules missioncr to make such rules and regulations as may be necessary 

for purpose of this -n p • • 

act; and may fo carry iuto effect the purposes of this act. Before issuing any 
fore excavation, such permit he may require that bond satisfactory to him be fur- 
nished the state of New Hampshire providing for the restoration 
of said road. 

Sect. 3. Any person or corporation excavating or disturbing 
the surface of a state road, trunk line road or state aid road in 
violation of the provisions of this act or tlie rules and regulations 
of the state highway department uKidt' under the authority of 
section 2 of this act may be punislied by a fine not exceeding one 
hundred dollars. 

Sect. 4. The foregoing provisions of this act shall not apply 
favor of railroads ^o railroads whcu making necessarv repairs or improvements 

at crossings. . . ' 

within their rights of way at points where the same are crossed 
by a highway, but no such, repairs or improvements, if they in- 
volve excavating or disturbing tlie surface of any road described 
in this act. mp.v be mn'l(> vithoMt written permission from the 
7V,i;« 9' rvir p 'cuimission. 



Penalty. 



Fxceptibn, in 



pu' 



T;il-V"<: effect on 
PRPS.'ij'e. 



Sect. ,5. This act shall take effect upon its passage. 
[Approved March 27, 1917.] 



1917' 



Chapter 97. 
CHAPTER 97. 



585 



AN ACT DIRECTING THE GOVERNOR AND THE GOVERNOR AND COUNCIL TO 
ASSIST THE GOVERNMENT OF THE UNITED STATES IN THE PRESENT 
CRISIS AND AUTHORIZING THEM TO PROVIDE FOR THE PUBLIC SAFETY.* 



Section 

1. Governor and council to employ state 

resources for aid of federal govern- 
ment in present crisis. 

2. Public officials to furnish governor 

and council such assistance as they 
may require. 



Section 

3. $500,000 appropriated for purpose of 

this act ; bond issue to meet same 
provided. 

4. Takes effect on passage. 



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



Section 1. The governor and the governor and council are ^^°J^^?|'>^^^*°^p,^y 



directed to render to the government of the United States, in the state resources 

^ . . £.1 J '"'' *•" "' federal 

present crisis, any assistance withm the power or the state; and government in 
they are authorized either to that end or for the purpose of pro- 
viding for the public safety, to organize and employ any and all 
resources within the state, whether of men, properties or instru- 
mentalities, and to exercise any and all power convenient or neces- 
sary in their judgment. 

Sect. 2. It shall be the duty of every public official in the state PubUc officials to 

„ . , , . ,1 1 Ml furnish governor 

to furnish to the governor or to the governor and council such and council such 
information and assistance as he or they may require in the exeeu- ma^^re^u^irr * *^ 
tion of this act. 

Sect. 3. The governor, with the advice and consent of the $5oo^ooo^^appr^«- 
council, is hereby authorized to draw his warrant upon any money pose of this act: 

' "^ , . -i-iT.ii.j. bond issue to meet 

in the treasury not otherwise appropriated and the state treasurer same provided. 
is hereby authorized, under the direction of the governor and 
council, to borrow upon the credit of the state such further sums, 
not exceeding in all five hundred thousand dollars, as may be 
necessary to carry out the provisions of this act, and for that pur- 
pose may issue bonds or notes in the name and on behalf of the 
state, at the lowest rate of interest obtainable, in such form and 
in such denominations and on such time as the governor and 
council may determine. 

Such bonds and notes 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 
and notes countersigned by the governor, showing the number 
and amount of each bond or note, 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 and note, showing 



♦Amended by chapter 216, post. 



586 



Chapter 98. 



[1917 



Takes effect on 
passage. 



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 
or notes by direction of the governor and council in such manner 
as they may determine most advantageous to the state. The pro- 
ceeds of the sale of such bonds shall be held by the treasurer and 
paid by him upon warrants drawn by the governor for the pur- 
poses of this act alone, until otherwise ordered by the legislature. 
Sect. 4. This act shall take effect upon its passage. 

[Approved March 27, 1917.] 



CHAPTER 98. 



AN ACT TO AUTHORIZE THE GO\^RNOR AND COUNCIL TO ACCEPT A 
TRANSFER TO THE STATE OF THE TITLE TO THE WEBSTER BIRTH- 
PLACE. 



Section 

1. Authority given to accept title, and 
for future management of the prop- 
erty. 



Section 

2. Takes effect on passage. 



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



Authority given 
to accept title, 
and for future 
management of 
the property. 



Takes effect on 
paeeage. 



Section 1. The governor and council are hereby authorized 
and directed to consider, in connection with the officers of the 
Webster Birthplace Association, the question whether said asso- 
ciation should transfer to tlie state the title and future control 
of the Webster Birthplace; and if such transfer shall be deemed 
expedient, the governor and council are hereby authorized to 
arrange for the reception and acceptance of the same and for 
the suitable and proper care and future management thereof. 

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

[Approved March 27, 1917.] 



1917 



Ch>\pter 99. 
CHAPTER 99. 



587 



AN ACT IN AMENDMENT OF CHAPTER 212 OF THE LAWS OF 1913 RELAT- 
ING TO ADVERTISEMENTS DURING STRIKES, LOCKOUTS OR OTHER LABOR 
DISPUTES. 



Section 

1. Prohibits publishing or circulating 
any advertisement for help in be- 
half of employer whose help are on 
strike or lockout, unless. 



ECTION 

2. Penalty; recoverable in action of 

debt, by labor commissioner, to the 
use of the bureau of labor. 

3. Takes effect on passage. 



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

Section 1. Amend section 1 of said chapter by adding thereto prohibits puWish- 
the following words: No person, firm, association or corporation any ^'adver^rsement 
shall knowingly publish or circulate any advertisement for em- ^^'"^^^Jp ^.'JJ. ^^^^^^'^ 
ployees which does not comply with the provisions of this section, help are on strike 

•^ •' X- ^ jr 7 Qj lockout, unless. 

SO that as amended said section shall read: Section 1. If any 
employer, during the continuance of a strike among his employees, 
or during the continuance of a lockout or other labor trouble 
among 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 advertisements or oral 
or written solicitations that a strike, lockout or other labor dis- 
turbance exists. No person, firm, association or corporation shall 
knowingly publish or circulate any advertisement for employees 
which does not comply with the provisions of this section. 

Sect. 2. Amend section 3 of said chapter by striking out the Penalty; recover- 
whole thereof and substituting therefor the following: Sect. 3. debt, by labor 
If any person, firm, association or corporation shall violate any thr^seTfThe *" 
provisions of this chapter, he or they shall be subject to a penalty''"'-^''" "^ '«b°'-- 
of twenty-five dollars, to be recovered by the commissioner of 
labor in the name of his office in an action of debt. All penalties 
recovered under this chapter shall accrue to the bureau of labor. 

Sect. 3. This act shall take effect upon its passage. Z^t^Lf""^ *"* 



[Approved March 27, 1917.] 



588 



Chapter 100. 
CHAPTER 100. 



1917 



State armories 
available for 
organized bodies 
of citizens for 
military drill, 
when. 



Military drill and 
physical exercises 
may be taught in 
public schools. 



Repealing clause ; 
takes effect on 
passage. 



AN ACT TO ENCOURAGE THE KNOWLEDGE OF MILITARY EXERCISES 
AMONG THE CITIZENRY OF THE STATE, AND TO PERMIT MILITARY 
INSTRUCTION IN THE PUBLIC SCHOOLS. 



SZOTIOK 

1. state armories available for organized 
bodies of citizens for military drill, 
when. 



Section 

2. Military drill and physical exercises 

may be taught in public schools. 

3. Repealing clause; takes effect on 

passage. 



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

Section 1. The use of any of the armories now owned or here- 
after erected by the state of New Hampshire shall be available 
to organized bodies of the citizenry of this state for the purpose 
of military drill and instruction, under such regulations for the 
care of the same and the safe keeping of any state property that 
may be therein as may be formulated by the adjutant-general and 
approved by the governor and council. Application for the use 
of such armories must be made by the elected officers of the 
organizations desiring the use of the armory or armories of this 
state in such manner as the adjutant-general may prescribe, and 
the military instruction and the exercises practiced therein shall 
be approved by and subject to the inspection of said adjutant- 
general at any time. 

Sect. 2. Cities and towns are hereby authorized to include 
military drill and physical exercises in the courses of instruction 
provided by them in the public schools and to appropriate for 
such purposes such sums as they may see fit. 

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 March 27, 1917.] 



1917 



Chapter 101. 
CHAPTER 101. 



589 



AN ACT FOR THE PROTECTION OF PUPILS IN PUBLIC AND PRIVATE 

SCHOOI^. 



Section 

1. Persons infected with tuberculosis or 

other communicable disease not to 
be employed as teachers or janitors. 

2. Health officer to examine such, upon 

complaint, and order suspension if 
found infected. 



Skction 

3. State board of health to examine, if 

health officer fails for ten days; 
and may suspend. 

4. Takes effect on passage. 



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



Section 1. No person shall be employed as teacher or janitor, Persons infected 

,1 -J.' u J. 1,-ij" J c X. 1 with tuberculosis 

or in any other capacity, in or about any building used tor schooler other commu- 
purposes who is infected with tuberculosis or any other com- ^"^^e' g^pioy^ed^^s 
municable disease. teachers or 

janitors. 

Sect. 2. The health officer of any town or city shall upon com- Health officer to 
plaint immediately examine, or cause to be examined, any person upon' complaint, 
alleged to be infected as aforesaid and, if he shall find such per- gj^^ T/founT^^^" 
son to be so infected, he shall order the temporary or permanent infected, 
suspension of such infected person from duty. 

Sect. 3. If the health officer shall within ten days from the state board of 
date of filing of complaint fail to take action as herein provided, if^heaith^offic"'"^' 
the complainant may appeal to the secretary of the state board 3^^^ ^Ty^susptnd'. 
of health, who shall forthwith cause a competent examination to 
be made and, if such person is found to be infected as charged, 
shall order his or her exclusion from school as above provided. 



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



Takes eflfect on 
passage. 



[Approved March 27, 1917. 



590 



Chapter 102. 
CHAPTER 102. 



1917 



AN ACT IN AMENDMENT OF SECTION 16, CHAPTER 287 OF THE PUBLIC 
STATUTES, AS AMENDED BY SECTION 1, CHAPTER 80, LAWS OF 1901, 
SECTION 1, CHAPTER 63, LAWS OF 1907, SECTION 1, CHAPTER 70, 
LAWS OF 1909 AND SECTION 1 OF AN ACT KNOWN AS HOUSE BILL NO. 
198, APPROVED MARCH 7, 1917, RELATING TO THE FEES OF SHERIFPS 
AND DEPUTY SHERIFFS. 



Section 

1. Pees, schedule of, as to, 

(1) Service of writs or other process. 

(2) Attachment of personal property. 

(3) Taking bail. 

(4) Travel. 

(5) Levying executions. 



Section 

(6) Attendance upon court. 

(7) Attendance upon justice or police 

court. 

(8) Copies of writs. 

(9) Attachment of real estate. 
2. Takes effect on passage. 



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



Fees, schedule of, 
as to, 



(1) Service of 
writs or other 
process. 

(2) Attachment 
of personal 
property. 



(3) Taking bail. 

(4) Travel. 



(5) Levying exe- 
cutions. 



(6) Attendance 
upon court. 



(7) Attendance 
■upon justice or 
police court. 



Section 1. That section 16, chapter 287 of the Public Statutes 
as amended by section 1, chapter 80, Laws of 1901. section 1. chap- 
ter 63, Laws of 1907, section 1, chapter 70, Laws of 1909 and section 
1 of an act known as house bill No. 198, approved March 7. 1917, be 
amended by striking out the entire section, as thus amended, and 
inserting in place thereof a new section to read as follows : Sect. 
16. The fees of sheriffs and deputy sheriffs shall be as follows: 

For the service of every writ, subpcvna for every witness named 
therein, process, notice, or execution, fifty cents. 

For making an attachment of personal property upon a writ 
returnable to the superior court, one dollar ; upon a writ returnable 
to a justice of the peace or a police court, fifty cents. 

For taking bail, to be paid by the person bailed, fifty cents. 

For actual travel to serve any writ, notice, subpoena process, or 
execution, to be reckoned from the place of service to the residence 
of the officer, in no case exceeding fifty miles, and for travel to at- 
tend any court, by the order thereof, to be reckoned from the resi- 
dence of the officer to the court, each mile, each way, ten cents. 

For levying executions, on the dollar, for the first hundred dol- 
lars levied, three cents; for the residue of the sum levied above one 
hundred and not exceeding three hundred dollars, two cents; for 
the residue of the sum levied above three hundred dollars, one cent. 

For attending the supreme or superior court by order thereof, 
to be paid out of the county treasury, the sheriff, each day, three 
dollars; each deputy, three dollars, to be audited and allowed by 
the court. 

For attending before a justice or police court, on trials where his 
presence is required, each day, one dollar. 



1917] Chapter 103. 591 

For making copies of writs returnable to the superior court, each, (8) Copies of 
one dollar, and for making copies of writs returnable to police or^'"'*^' 
justice courts, each, fifty cents. For leaving the copy and return o) Attachment 
required in the attachment of real estate at the dwelling-house or "^ '■^«' e«*»te. 
ofSce of a town or city clerk, fifty cents. 

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

passage. 

[Approved March 27, 1917.] 



CHAPTER 103. 



AN ACT RELATING TO PUBLIC HEALTH AND SAFETY. 



Section 



1. Private sanitariums and asylums to 

be licensed. 

2. State board of health to issue license; 

may suspend or revoke the same. 



Section 

3. Private asylums or sanitariums open 

to inspection by state board of 
health. 

4. Penalty. 



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

Section 1. No person or corporation shall locate, conduct or Private sanita- 

. j^ . .^. 1 p 1 J • c „ riums and asylums 

maintain a sanitarium or asylum tor the reception or persons ot to be licensed. 
unsound mind or for the treatment of specific diseases except first 
having obtained a license so to do from the state board of health. 

Sect. 2. Anv person or corporation desiring to maintain a sani- state board of 

. I'lJii A- a. J. j.ii! health to issue 

tarium or asylum tor the reception, connnement or control ot per- license: may 

sons of unsound mind, or for the treatment of specific diseases, shall the'^sTme!"^ ^^^^ * 

first make application to the state board of health, and all facts 

relating to the character of the proposed sanitarium or asylum and 

of the applicant, shall be thoroughly investigated by said board, 

who shall, at their discretion, issue a license to such applicant, with 

such restrictions and regulations as they may deem necessary for 

the protection of the interests of the state. The state board of 

health may, in their discretion, revoke or suspend said license. 

Sect. 3. Any sanitarium or asylum maintained by any person private asylums 
or corporation shall be open at all times to inspection by the state ^p/n"o*in'8p"ction 
board of health or such person or officer as said board may desig- |j>'^,^^*^^*^ •'"^'■'' "^ 
nate, and the said state board of health shall have the power to 
make such orders, rules and regulations for the conduct of such 
sanitarium or asylum as the board may deem necessary. 

Sect. 4. Any person who shall violate the provisions of this act Penalty, 
shall be fined not exceeding five hundred dollars or be imprisoned 
not exceeding one year, or both. 

[Approved March 27, 1917.] 



592 



Chapter 104. 
CHAPTER 104. 



1917 



AN ACT TO REGULATE THE PLACING OUT IN FAMILY HOMES AND THE 
SUBSEQUENT SUPERVISION OF DEPENDENT AND NEGLECTED CHILDREN. 



State board of 
charities author- 
ized to procure 
suitable homes 
for dependent 
and neglected 
children. 



Expenses of 
maintenance if 
public charge to 
be borne 'by mu- 
nicipality where 
child has 
settlement. 



Section 

4. Board may employ agents for that 

purpose, on approval of governor 
and council. 

5. Repealing clause; takes effect on 

passage. 



Board to assist 
in enforcement of 
laws for protection 
of such children. 



Section 

1. Stat« board of charities authorized to 

procure suitable homes for depend- 
ent and neglected children. 

2. Expenses of maintenance if public 

charge to be borne by municipality 
where child has settlement. 

3. Board to assist in enforcement of 

laws for protection of such chil- 
dren. 



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

Section 1. The state board of charities and correction is hereby- 
authorized and empowered to procure suitable family homes, where 
practicable, for dependent and neglected children. Said board or 
its agent shall inspect such homes previous to such placing, main- 
tain subsequent watch, care and supervision of such children, and 
may remove any such child from such home, at any time when, in 
its judgment, the conditions therein are not for the best interest 
of the child. Said board may, when in its judgment the health or 
condition of any such child shall require it, cause such child to be 
placed in a hospital or institution for special treatment and care. 
It shall be the duty of said board, in placing such children, to 
place them, if practicable, with people of like religious faith with 
the parents of said children. It shall be the duty of any person, 
public official, society or institution placing any dependent or neg- 
lected child in any family home or institution, to give notice in writ- 
ing to the state board of charities and correction, within ten days 
after such placing, stating the name of such child and the names, 
residence or location of the person or institution with whom or in 
which such child is placed. 

Sect. 2. The expense for the maintenance and care of any such 
dependent or neglected child shall be borne by the county, city or 
town legally chargeable for its support if it were a public charge, 
provided, however, that such expense for maintenance and care 
shall be first approved by the county commissioners, or overseers of 
the poor, of such county, city or town, and such county, city or 
town shall have a right of action over for such expense against the 
parents or guardian of such child. 

Sect. 3. It shall be the duty of the board to a.ssist in the en- 
forcement of all laws for the protection of children and to investi- 
gate charges that may be brought to its attention, and, if a crime 



1917] Chapters 105, 106. 593 

has been committed, to report to the county solicitor of the county 
in which the alleged oifense has been committed. 

Sect. 4. Said board, with the approval of the governor and Board may employ 
council, is hereby authorized and empowered to employ such agent purpo^6e!*'on^"* 
or agents as may be necessary properly to perform the duties im- eXra^nd ^cfuncii. 
posed upon it by law. 

Sect. 5. All acts and parts of acts inconsistent with this act are Repealing cia 
hereby repealed, and this act shall take effect upon its passage. *^^*^ ^^^^^ ^^ 



ause ; 
ect c 
passage. 



[Approved March 27, 1917. 



CHAPTER 105. 

AN ACT IN AMENDMENT OF SECTION 11, CHAPTER 35, LAWS OF 1905, 
RELATING TO STATE HIGHWAYS. 

Section 1. Towns not entitled to state aid, when. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

Section 1. Amend section 11, chapter 35, Laws of 1905 (as Towns not entitled 
amended), by striking out the following paragraph: "Towns in^j,g'^*^ *''^' 
which highways more than three miles in length have been or shall 
be taken or appropriated as state highways shall not be entitled to 
state aid under the provisions of this act." ' 

[Approved March 27, 1917.] 



CHAPTER 106. 



AN ACT TO BETTER BIRTH REGISTRATION. 

Section Section 

1. City and town clerks to send copv of 2. Penalty, 

report of birth to parents of child, 
and secure the child's full name, 
if not given. 

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

Section 1. It shall be the duty of city and town clerks within city and town 
thirty days after receiving the report of a birth, to send a copy of of report\f birth 
the record to the parents, and state that the birth has been dulyl^JYecure 1?"^' 



594 



Chapter 107. 



1917 



child's full name, 
if not given. 



Penalty. 



recorded on the city or town books, and if the name of the child is 
not given, it shall be the duty of the clerk to obtain it and complete 
the record under the provisions of chapter 16, Laws of 1893. 

Sect. 2. If any official shall violate the provisions of this act, 
he shall be punished by a fine of ten dollars. 



[Approved March 27, 1917. 



CHAPTER 107. 



AN ACT RELATING TO VACANCIES IN THE OFFICE OF JUDGE OF PROBATE. 



Skction 

1. Register of probate to call in some 
other judge of probate. Compen- 
sation of judge supplying such 
vacancy. 



Section 

2. Powers of judge supplying vacancy. 

3. Repealing clause; takes effect on 

passage. 



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



Register of pro- 
bate to call in 
some other judge 
of probate, 
Compensation of 
judge supplying 
Buch vacancy. 



Powers of judge 

supplying 

vacancy. 



Renealing clause; 
takes effect on 
passage. 



Section 1. Strike out section 17 of chapter 182 of the Public 
Statutes and insert in place thereof the following : Sect. 17. 
Whenever there is a vacancy in the office of the judge of probate 
of any county or the judge shall be unable to attend at a regular 
term of the probate court, the register of probate shall call upon 
the judge of probate of some other county in this state, who shall 
act during said vacancy or inability of the judge to attend. Said 
judge shall receive ten dollars ($10) per day and his traveling ex- 
penses for each day of actual service, which sum shall be paid by 
the county in which he sits. 

Sect. 2. Strike out section 18 of chapter 182 of the Public 
Statutes and insert in place thereof the following : Sect. 18. The 
judge so holding court is authorized to do any business that the 
probate judge for the county could lawfully do. 

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 March 27, 1917.] 



1917] Chapter 108. 

CHAPTER 108. 

AN ACT PROVIDING FOR TAXATION OP DEPOSITS IN THE SAVINGS DEPART- 
MENTS OP NATIONAL BANKS. 



595 



Section 

1. Money so deposited not subject to 

check, or represented by negotiable 
certificates, exempt from taxation, 
when. 

2. Such banks may pay state tax, on 

what, and rate. 

3. Bank so electing, to report its condi- 

tions to state treasurer on or before 
May 1st, annually. 



Skction 

4. Unpaid tax bears interest at 10%. 

5. Such tax to be distributed as taxes 

paid by banks organized under N. 
H. laws. 

6. National bank electing as above, shall 

notify state treasurer, on or before 
March first in each year. 

7. Takes effect on passage. 



Be it enacted hy the Senate and House of Representatives in 
General Court c&nvened: 

Section 1. Money deposited in the savings department of any Money so depos- 
national bank in this state, bearing interest and not subject to t!f check,'or 'rej- 
check or represented by negotiable certificates of deposit is ex- "^'"''J^i '"' 
empted irora taxation to the depositor, provided said bank elects t'^c^'^^s. exempt 

. , 1 , 1 • • n 1 • from taxation, 

to pay taxes under the provisions of this act. when. 

Sect. 2. If any national bank in this state so elects, it may pay such banks may 
to the state treasurer annually a tax upon the amount of all depos- wh^at^'^lnd* rate"" 
its on the first day of April in each year in its savings department, 
bearing interest and not subject to check or represented by negoti- 
able certificates of deposit, after deducting therefrom the amount 
invested by such bank in all loans, bonds and notes, and real estate 
used for banking purposes, which savings banks are or may be 
allovt^ed to deduct in determining the excise tax payable by them 
under the laws of this state now or hereafter in force, provided 
that no such investment shall be deducted if it has been included 
by the cashier of such bank as a deduction from capital stock, sur- 
plus, and undivided profits in the list required to be mailed by him 
to the selectmen or assessors under the provisions of Laws of 1895, 
chapter 113, section 4. The rate of such tax on the dollar shall be 
the same as the rate of excise tax imposed on savings banks of this 
state, and the same shall be payable to the state treasurer annually 
on the first day of October. 

Sect. 3. Any national bank electing to pay the tax provided in Bank so electing, 
this act shall on or before the first day of May in each year transmit d'iti^il^'to 'stat^^" 
to the state treasurer, upon blanks to be furnished by him, a state- beforrMay^ur 
ment under oath of its cashier, prepared to show conditions on the^"""^"*"- 
first day of April in such year and containing such information as 
shall be requisite in order to enable the state treasurer to assess such 
tax and collect and apply the same as provided by this act. 

Sect. 4. If any national bank in this state which elects to pay unpaid tax bears 
taxes as provided for in this act. shall not pay the same when due, "*'*"*' *' ^^'^''- 



596 



Chapter 109. 



1917 



Such tax to be 
distributed as 
taxes paid by 
banks organized 
under N. H. laws. 
National bank 
electing as above, 
shall notify state 
treasurer, on or 
before March first 
in each year. 

Takes effect on 
passage. 



it shall pay interest thereon from that time at the rate of ten per 
cent, per annum, and the state treasurer shall issue his extent 
against any such bank for the unpaid taxes and interest. 

Sect. 5. The taxes paid under provisions of this act shall be re- 
tained and distributed by the state treasurer in the same manner as 
are the taxes paid by banks organized under the laws of this state. 

Sect. 6. Each national bank in this state electing to make re- 
ports and pay taxes as provided for in this act shall on or before 
the first day of March in each year file a certificate of such election 
with the state treasurer. 

Sect. 7. This act shall take effect upon its passage. 

[Approved March 31, 1917.] 



CHAPTER 109. 

AN ACT IN AMENDMENT OF SECTION 1. OF CHAPTER 66, LAWS OF 1899, 
entitled ' ' AN ACT TO PREVENT THE DESECRATION OF THE NATIONAL 
AND STATE FLAGS," AS AMENDED BY CHAPTER 87, LAWS OF 1915. 



Section 

1. No symbols, names, pictures, mot- 
toes, or other matter to be ap- 
pended to national or state flags. 



Seotiok 

2. Takes effect on passage. 



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



No symbols, 
names, pictures, 
mottoes, or other 
matter to be 
appended to 
national or state 
flags. 



Takes effect on 
passage. 



Section 1. Section 1, chapter 66, Laws of 1899, as amended by 
section ], chapter 87, Laws of 1915, is hereby amended by striking 
out the last clause of said section, to wit ; "and flags displayed with 
names, symbols, pictures, or mottoes representing political parties 
and used for such purposes alone, and flags used by societies of a 
religions or fraternal nature, shall be exempt from the provisions 
of this act." 

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



[Approved April 3, 1917.] 



1917] 



Chapters 110, 111. 
CHAPTER 110. 



597 



AN ACT IN AMENDMENT OP CHAPTER 106 OP THE LAWS OP 1901, EN- 
TITLED "an act POR THE PRODUCTION AND SALE OP PURE MILK IN 
THE MARKETS OP THE STATE. ' ' 

Section 1. Graduate chemists employed by the state board of health, with their imple- 
ments, exempt from previous act. 

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

Section 1. Chapter 106 of the Laws of 1901, entitled "An Act Graduate chemiste 
for the production and sale of pure milk in the markets of thestate"board'of 
state, ' ' is hereby amended by renumbering Sect. 5 of said chap- I'mpieme^ts'i' ^^^'^ 
ter so that the same shall be entitled Sect. 6, and by inserting p^g™P|j/''°™ 
after Sect. 4 a new section to read as follows : Sect. 5. The pro- 
visions of this act shall not apply to graduate chemists in the employ 
of the state board of health, or to the glassware and other instru- 
ments as verified and used by such chemists at the state laboratory 
of hygiene. 

[Approved April 3, 1917.] 



CHAPTER 111. 

AN ACT RELATING TO THE SALARY OP THE DEPUTY REGISTER OF PRO- 
BATE OF THE COUNTY OF MERRIMACK. 



Section 

1. Salary established at $800; repealing 
provisions of sec. 4, ch. 88, Laws 
of 1907, so far as inconsistent. 



Section 

2. Takes effect on passage. 



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

Section 1. The salary of the deputy register of probate of the salary established 
county of Merrimack shall hereafter be eight hundred dollars per^^roSnsTf^'sS^ 
annum, payable as now provided by law; and so much of section ^^ fgoT^'so^^far 
4, chapter 88, of the Laws of 1907, and amendments thereto as is as inconsistent. 
inconsistent with this act is hereby repealed. 

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

[Approved April 3, 1917.] 
11 



Takes effect on 
pasBsge. 



59b 



Chapter 112. 



[1917 



CHAPTER 112. 

AN ACT IN AMENDMENT OF CHAPTER 176 OP THE LAWS OF 1915, RE- 
LATING TO THE MANAGEMENT AND CONTROL OF STATE INSTITUTIONS. 



State house and 
buildings of the 
N. H. College of 
Agriculture, 
withdrawn from 
control trustees 
of state institu- 
tions. Repealing 
certain prior laws. 



Tnistees : 
number: qualifica 
tions; appoint- 
miM't : tenure of 
office ; appoint- 
mert and 
vacancies. 



Section 

1. State house and buildings of the N. 
H. College of Agriculture, with- 
drawn from control trustees of 
state institutions. Repealing cer- 
tain prior lav7S. 
1. [Of new act.] Trustees: number; 
qualifications; appointment; ten- 
ure of office: appointment and 
vacancies. 



Section 

2. Board to meet at least once a week. 

3. Each institution to be visited 

monthly, by members in rotation. 

4. Compensation, and expenses; cler- 

ical assistance. 
2. Takes effect on passage; tenure of 
oflSce of prior board terminates on 
appointment and qualification of 
new board. 



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

Section 1. Amend chapter 176 of the Laws of 1915 by adding 
after the words "state buildings" in the fifth line of section 1, the 
words except the state house and the buildings of the New Hamp- 
shire College of Agriculture and the Mechanic Arts, and by insert- 
ing the words except the New Hampshire College of Agriculture and 
the Mechanic Arts, after the word "state" in the seventh line of 
section 1, and by striking out sections 2. 3, 4, and 5, and substitut- 
ing in their place the following sections 2, 3, 4. and 5, so that said 
sections shall read as follows: Section 1. There is hereby created 
a board of trustees of state institutions, foi- the management of the 
state hospital, the school for feeble-minded children, the industrial 
school, the state sanatorium for consumptives, and the state prison ; 
for the making of extensive repairs and new construction of all 
state buildings except the state house and the buildings of the New 
Hampshire College of Agriculture and the ^Mechanic Arts ; and for 
the purchase of supplies and material for all institutions and execu- 
tive departments of the state except the New Hampshire College of 
Agriculture and the Mechanic Arts. All the powers and duties 
heretofore imposed and conferred upon the trustees of the state 
hospital, the school for feeble-minded children, the industrial school, 
and the state sanatorium for consumptives, and all the powers and 
duties imposed and conferred ui)on the governor and council rela- 
tive to the state prison, except as to pardons, are imposed and con- 
ferred upon the board of trustees created by this act, together with 
such further powers as may be essential to the full and complete 
supervision of said state institutions. 

Sect. 2. *The governor, with the advice and consent of the coun- 
cil, shall appoint four suitalile persons, of whom not more than 
three shall be of the same political party, one for four years, one 
for three years, one for two years, and one for one year, who, to- 



* Amended by chapter 206 ; post. 



1917] Chapter 113. 599 

gether with the governor, ex officio, shall constitute said board. 
Upon the expiration of the term of office of a trustee, a successor 
shall be appointed in the same manner for a term of four years. 
Each trustee shall hold office until his successor is appointed and 
qualified. Any vacancies shall be filed by appointment by the gov- 
ernor and council as aforesaid, for the unexpired term. 

Sect. 3. Said board shall hold a regular meeting at least once Board to meet at 
each week, at which time it shall hear such matters as the superin- "^^^* "''^^ * '^^^■^■ 
tendents of the institutions under its supervision may desire to 
bring to its attention, and it may meet at such other times as the 
proper performance of its duties under this act may require. 

Sect. 4. Each institution under the supervision of said board Each institution 
shall be visited and inspected by a member thereof at least once monthryf ' by 
each month, and the board shall make rules for such visit and in-™t™t^o" '° 
spection by its members, in rotation, and such other rules for the 
performance of its duties as it may deem proper. 

Sect. 5. The members of said board shall receive as compensa- compensation, 
tion, eight dollars per day, and their actual and necessary expenses, ciericai^lslfst'ance. 
for each day they are actually engaged in their official duties, the 
same to be approved by the governor and council, and paid from 
the treasury upon the warrant of the governor. The board shall 
have authority, with the approval of the governor and council, to 
employ such clerical assistance, and fix the compensation thereof, 
as may be necessary for the proper performance of the duties im- 
posed upon it by this act. 

Sect. 2. This act shall take effect upon its passage and the Takes effect on 
terms of office of the trustees appointed under the provision of of office' of p^ior 
chapter 176 of the Laws of 1915 shall cease upon the appointment ^n^apportmenf 
and qualification of the trustees provided for by this act. o" new bS.'"" 

[Approved April 3, 1917.] 



CHAPTER 113. 

AN ACT TO PROVIDE FOR THE ASSESSMENT AND COLLECTION OF AN 
ANNUAL STATE TAX FOR THE TERM OP TWO YEARS.* 



Section 

1. $750,000 annual state tax for 1917, 
191S. 



Shction 

2. Takes effect on passage; repealing 
clause. 



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

Section 1. The sum of seven hundred and fifty thousand ^ol- «7^5o.ooo ^annual 
lars shall be raised annually for the use of the state, for the years 1917, 1918. 



See also chapter 211, post. 



600 



Chapter 114. 



[1917 



1917 and 1918, and the state treasurer is hereby authorized and 
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 of 1917, 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, 1917 and 1918, and the state treasurer is 
hereby authorized to issue his extent for all taxes which shall re- 
main unpaid on the dates last mentioned. 
Takes effect on Sect. 2. This act shall take effect upon its passage, and all acts 

ciause^^' "^*'"''°* and parts of acts inconsistent with this act are hereby repealed. 

[Approved April 3, 1917.] 



CHAPTER 114. 



AN ACT IN RELATION TO MEDICAL INSPECTION OF SCHOOLS. 



Section 

1. School boards to insert clause in war- 
rant for annual meeting relative to 
the adoption of the provisions of 
ch. 83, Laws of 1913. 



Section 

2. Takes effect on passage. 



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



School boards to 
insert clause in 
warrant for 
annual meeting 
relative to the 
adoption of the 
provisions of ch. 
83, Laws of 1913. 



Takes effect on 
passage. 



Section 1. The school board of every city, union, special or 
town school district, shall hereafter cause to be inserted in the war- 
rant for the annual meeting of said district an article relating to 
the adoption of the provisions of chapter 83 of the Laws of 1913, 
providing for the medical inspection of schools, unless said district 
has already adopted the provisions of said chapter. 

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

[Approved April 3, 1917.] 



19171 



Chapters 115, 116. 
CHAPTER 115. 



601 



AN ACT IN RELATION TO TRANSPORTATION OF THE MEMBERS OP THE 

LEGISLATURE. 



Section 

2. Takes eflfect the last Wednesday in 
December, 1918. 



Section 

1. Limited to (a) residence to Concord 
and return, and (b) committees 
and county delegations to places 
necessary to properly conduct leg- 
islative business. 



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

Section 1. Unless, on account of some emergency, the governor Limited to (a) 
otherwise specifically directs, the railroad transportation provided cord ami return, 
by the secretary of state to the members of the legislature during f°eg ^^1 co™n™y*^ 
the sessions thereof shall be limited: (a) to transportation to and '^f'®^***""^ *** 

'^ ' ^ places necessary 

from the place of residence of the member and the city of Concord ; ^ properly 
(b) transportation of members of committees and county delega-tive business, 
tions on trips to places in this state which are reasonably necessary 
to the proper conduct of legislative business. 

Sect. 2. This act shall take effect the last Wednesday in Decem- Takes eflcect the 

% t n-i r, '*^' Wednesday in 

ber, 1918. December. 1918. 

[Approved April 3, 1917.] 



CHAPTER 116. 

AN ACT AUTHORIZING ADMINISTRATORS, EXECUTORS, ASSIGNEES, SHER- 
IFFS AND TRUSTEES TO SELL INTOXICATING LIQUORS. 



Section 

1. May sell in bulk to licensed dealer. 



Section 

2. Takes effect on passage. 



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

Section 1. Any administrator, executor, sheriff, assignee or May seii in bulk 
trustee, may sell in bulk such intoxicating liquors as come into his*" ii<^ensed dealer, 
hands in said capacity, to any licensed dealer in intoxicating liq- 
uors. 

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

[Approved April 3, 1917.] 



602 



Chapter 117. 
CHAPTER 117. 



[1917 



AN ACT RELATIVE TO TOWN HIGHWAYS. 



Section 

1. State highway commissioner mfty des- 

ignate main town highway, or part 
thereof, for maintenance under 
state patrol system. 

2. Selectmen to withdraw such from 

road agents, and arrange with 
state highway department for its 
maintenance. 



Section 

3. State highway department to make 

rules for control of same. 

4. Mayor and aldermen may accept the 

provisions of this act ; and county 
commissioners as to county high- 
ways. 

5. Repealing clause; takes effect on 

passage. 



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



State highway 
commissioner may 
designate main 
town highway, or 
part thereof, for 
maintenance 
under state 
patrol system. 

Selectmen to 
withdraw such 
from road agents, 
and arrange with 
state highway de- 
partment for its 
maintenance. 



State highway 
department to 
make rules for 
control of same. 

Mayor and alder- 
men may accept 
the provisions of 
this act: and 
county commis- 
sioners as to 
county highways. 



Repealing clause ; 
takes effect on 
passage. 



Section 1. The state highway commissioner, whenever in liis 
opinion the public good so requires, may designate any main town 
highway, or section of same, which has not been improved under 
the provisions of the state aid laws, for maintenance under the state 
patrol system. 

Sect. 2. Authority is hereby given to towns in wliicli such des- 
ignated highway, or section of same, is located, to instruct its se- 
lectmen to take said designated highway from the regular road 
agents district and arrange with the state highway department 
to maintain said section under the state patrol system of highway 
maintenance according to the provisions of this act. 

Sect. 3. Said designated highways shall be maintained hy the 
state highway department under such rules and regulations as the 
state highway commissioner shall make. 

Sect. 4. Cities may accept the provisions of this act through 
the mayor and city councils or such other board as has jurisdiction 
over the highways of cities. County commissioners having juris- 
diction over the maintenance of any town or county highways may 
accept the provisions of this act for highways under their control. 

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



[Approved April 3, 1917.] 



19171 



Chapter 118. 
CHAPTER 118. 



G03 



AN ACT TO REGULATE THE PRACTICE OF EMBALMING AND THE TRANS- 
PORTATION OF DEAD HUMAN BODIES. 



Section 

1. Qualifications of embalmers; re- 

quired to pass examinations. 

2. Embalmers to be licensed, annually. 

3. Revocation of license. 

4. Examinations to be conducted semi- 

annually. 

5. Board of examiners; qualifications: 

appointment and tenure of office. 

6. State board of health to keep list ot" 

licensed embalmers; also examinr.- 
tion papers; all open to public i-,- 
spection. 

7. Board of examiners to keep record of 

licenses issued ; and of receipts and 
disbursements. 

8. Fees for examinations; license; com- 

pensation of examining board. 



Section 

9. Renewal of licenses. 

Secretary of board of examiners to 
supply licensed embalmers with 
list of all such in the state; secre- 
tary of state board of health to 
supply same to transportation com- 
panies, in January of each year. 

Secretary of board of examiners to 
notify holders of license, of its ex- 
piration, ten days prior thereto. 

If cause of death is suspicious, em- 
balming to be delayed until inves- 
tigation is held. 

Penalty. 

Repealing clause; takes effect on 
passage. 



10. 



11. 



12. 



13. 
14. 



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

Section 1. Anv person hereafter wishinff to become an em- Qualifications of 

11 p-i-ii'i-i- • • p -I embalmers ; 

balmer oi dead human bodies, or to engage m caring tor and pre- required to pass 
paring dead bodies for burial, transportation or cremation, shall ije*'''^™'^^ *°''^- 
at least twenty-one years of age with not less than a grammar 
school education, and shall have practiced embalming dead human 
bodies for at least twelve months, and shall have had at least one term 
of practical instruction in embalming and disinfecting in a school 
of embalming approved by the board of examiners, and shall have 
an intelligent comprehension of such rudiments of anatomy, and 
of the characteristics of, and the dangers from contagious and in- 
fectious diseases, and of the actions and uses of disinfectant agen- 
cies, as the state board of health may prescribe as necessary for the 
protection of the living, before he or she is permitted to practice 
said business or profession within the state, and shall be required 
to pass an examination before a board of examiners, created and 
empowered by the eight following sections. 

Sect. 2. After the examination has been completed the state Kmbaimers to be 
board of examiners shall judge of the qualification of the applicant, 
and, if satisfactory, the certificate of a licensed embalmer shall be 
issued to him or her, under which he or she shall have legal author- 
ity to prepare bodies dead of infectious or contagious disease for 
transportation, and to do any work coming within the province of 
his or her said vocation. No license shall be issued or renewed for 
a period exceeding one year, and all licenses now in force shall ex- 
pire January 1, 1918, but shall be renewed under the provisions of 
this act. 



licensed annually. 



604 



Chapter 118. 



[1917 



Revocation of 

license. 



Examinations to 
be conducted 
semi-annually. 



Board of 
examiners; 
qualifications; ap- 
pointment and 
tenure of office. 



State board of 
health to keep 
list of licensed 
embalmers ; also 
examination 
papers; all open 
to public 
inspection. 



Board of exam- 
iners to keep 
record of licenses 
issued; and of 
receipts and dis- 
bursements. 



Fees for exam- 
inations; license; 
compensation of 
examining board. 



Sect. 3. The state board of examiners may revoke, for cause, 
any license issued by it, and failure to comply with the law and 
the regulations of the state board of health shall be deemed suf- 
ficient provocation for the revocation of a license. 

Sect. 4. Examinations for licenses shall be given by the state 
board of examiners at least twice annually, at such time and place 
as they may determine. The examination papers shall contain such 
questions relating to the subject of embalming and disinfecting as 
the board may deem necessary to determine the qualifications of 
the applicant for the business, and if found qualified, a certificate, 
as provided for in section 12, shall be granted him or her. 

Sect. 5. The board of examiners shall consist of four members, 
viz: the secretary of the state board of health, who shall be secre- 
tary of the board of examiners, and three other members, who shall 
be appointed by the governor with the advice and consent of the 
council within thirty days after the passage of this act, one of 
whom shall be a member of the state board of health and two of 
whom shall be practical undertakers and embalmers, and who shall 
hold office for three years from the date of their appointment and 
until their successors are appointed and qualified. In case of a 
vacancy due to death, resignation or other cause, the vacancy shall 
be filled by appointment for the unexpired term, in the same man- 
ner as in the case of original appointments. 

Sect. 6. The state board of health may adopt such blanks and 
forms of procedure as it may deem necessary and best to carry out 
the provisions of sections ]1 to 14 inclusive, and it shall keep on 
file a list of all registered and licensed embalmers and a record of 
examinations, together with the examination papers, all of which 
shall be open to public inspection. 

Sect. 7. The board of examiners shall keep a record, contain- 
ing the names and residences of all persons licensed hereunder, and 
a record of all moneys received and disbursed by said board, and 
said records, or duplicates thereof, shall always be open to inspec- 
tion in the office of the secretary of the state board of health during 
regular office hours. Said board of examiners shall report to the 
state board of health, on or befoiv the first day of May in each 
year; the report to contain a full and complete account of all its 
official acts during the year, together with a statement of the re- 
ceipts and disbursements of the board and such comments as may 
be deemed proper. 

Sect. 8. The fee for examination under sections 11 to 14 inclu- 
sive, shall be five dollars ($5) ; for the isvsuing or renewal of any 
license one dollar ($1) and for the revival and renewal of any li- 
cense two dollars ($2). The money thus received by the board of 
examiners shall constitute a permanent fund for carrying out the 
work provided in said sections. From the money thus received the 
expenses for printing, for stationery, for postage, for other expenses 



1917] Chapter 118. 605 

necessarily incurred under the provisions of said sections and for 
full compensation of the members of the board of examiners, shall 
be paid. The board of examiners shall be entitled to five dollars 
($5) per day and expenses each during session. The secretary of 
the examining board shall receive the same compensation as the 
other members of the board and five dollars ($5) additional per 
day while actually employed in the performance of his said duties ; 
any balance shall be turned into the treasury of the board of exam- 
iners. The secretary of the examining board shall act as treasurer 
of the board, and shall deposit or otherwise care for any money 
which may be in the treasury as he may be instructed by vote of 
the board of examiners. 

Sect. 9. Any person holding an embalmer's license may have Renewal of 
the same renewed, for not to exceed one year, by making and filing'"'*'"^''*'' 
with the secretary of said board of examiners an application there- 
for within thirty days preceding the expiration of his or her license, 
upon blanks prescribed by said board and upon payment of one 
dollar ($1) renewal fee; provided, however, that any person neg- 
lecting or failing to have his or her license renewed as above, may 
have the same renewed by making application therefor within 
thirty days after date of expiration, and upon payment of two dol- 
lars ($2) revival and renewal fees. 

Sect. 10. In the month of January of each and every year, the board**o7exim- 
secretary of said board of examiners shall supply each licensed em- i^ers to supply 

<•! iii nni-iTin i licensed embalm- 

balmer, and the secretary or the state board of health shall supply ers with list of aii 
the various transportation companies within this state, with a list of secretary of^ state 
all embalmers holding licenses, then in force, giving the names of g^pp'^y^ga^^^'^o *^ 
such persons, their business, address and the number of their li- transportation 

^ ' ' companies, in 

cense. January of each 

Sect. 11. The secretary of said board of examiners shall at ^g^retary of hoard 
least ten days prior to the expiration of any license mail a notice ;;^^j«j^«™j,°|^«^*°^ 
to such holder of license about to expire under this act advising license, of its 

. Ill p^iration, ten 

him or her to that effect, and enclose him or her therewith a blank days prior thereto. 
application for renewal thereof. The secretary of said board shall 
also mail a notice to each holder of a license under this act that has 
not been renewed in accord with the foregoing provisions, advising 
him or her of the expiration of his or her license, and the penalty 
of embalming dead human bodies without holding a license and 
the condition and terms upon which his or her license may be re- 
vived and renewed. All notices required to be mailed by provisions 
of this act shall be directed to the last known postoffice of the party 
to whom the notice is sent. 

Sect. 12. No person shall inject into any cavity or artery of if cause of death 
the body of any person who has died from an accidental or sud- ^mbatai^nrto be 
den death or under suspicious circumstances, any fluid or substance ^li^f^^fti^^*!'^ '^"^,j 
until a legal certificate of the cause of death from the attending 
physician or coroner has been obtained, nor until a legal investiga- 



606 



Chapter 119. 



[191' 



Penalty. 



Repealing clause ; 
takes effect on 
passage. 



tion has determined the cause of death. If a criminal cause of 
death is alleged or suspected, no fluid or other substance shall be 
injected into a body until the cause of death is legally established. 

Sect. 13. Any person who shall be guilty of the violation of 
any of the provisions contained in the preceding sections, or who 
shall violate any rule or regulation prescribed by said board of 
health for the preparation, embalming, shipping or burial of any 
dead human body shall be guilty of a misdemeanor, and upon con- 
viction thereof shall be punished by a fine of not less than ten dol- 
lars nor more than fifty dollars, or imprisonment in the county 
jail not less than ten days nor more than sixty days, and it si: all 
be the duty of the county attorney of the county in which violation 
occurs to prosecute all such persons. 

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

[Approved April 3, 1917.] 



CHAPTER 119. 

AN ACT AUTHORIZING THE EMPLOYMENT OF PRISONERS ON STATE HIGH- 
WAYS, PREPARATION OP ROAD MATERIALS, AND IN STATE FORESTRY, 
AUTHORIZING EXTRA GOOD TIME ALLOWANCE AND PROVIDING PENAL- 
TIES FOR INTERFERENCE. 



Section 

1. Prisoners in state prison mav be en.- 

employed on stat-e highways. 

2. Approval of board of trustees for 

state institutions, and warden of 
state prison, required. 

3. State highway commissioner to super- 

vise work and provide transportii- 
tion and maintenance. 

4. Warden of state prison to have juris- 

diction over discipline. 

5. Expense borne by highway depart- 

ment. 

6. Prisoner so employed, who observes 

rules, etc., entitled to allowance of 
three days per month from mini- 
mum sentence. 



Section 

7. County commissioners may employ 

prisoners from jail and houses of 
correction on highways or in state 
forestry. Custody while so em- 
ployed. 

8. Penalty for interfering with work of 

prisoners or supplying them with 
drugs, liquors, weapons or explo- 
sives. 

9. Repealing clause; takes effect on 

passage. 



Be it enacted hy the Senate and Hmise of Fepresentatives in 
General Court eonveiied : 



Prisoners in state SECTION 1. The State highway commissioner of New Hampshire 
empi'oy^''on^8tate ^^7 ^mploy or cause to be employed convicts confined in the state 
highways. prison in the construction, improvement and maintenance of state 

highways and in preparing road materials. 



1917 1 Chapter 119. fj07 



board of trustees 
state institu- 



Sect. 2. Upon requisition of the state highway commissioner, Approval of 
duly approved by the board of trustees of state institutions, and for ' 
under such rules and restrictions as may be prescribed by thera,y°r;,fTtate'^'*'" 
the warden shall send to the place at the time designated the num-P"^"'^' "qu-red. 
ber of convicts requisitioned or such proportion thereof as are in his 
judgment available. 

Sect. 3. The state highway commissioner shall designate and state highway 
supervise the work of such convicts, shall provide transportation, supe'^lfse" work" 
shall provide, supervise and maintain necessary camps and com-f^^'^^P^J'^^^'lf^^ 

missariat. and maintenance. 

Sect. 4. The warden of the state prison shall have jurisdiction Warden of state 
at all times over the discipline and control of convicts thus em- Kdiction ^o7er 

ployed. discipline. 

Sect. 5. The expense of transportation of labor, necessary Expense borne 
guarding, commissariat, camps and all other expense incidental to departmTnt! 
such work shall be borne by the respective funds provided for such 
state highways. 

Sect. 6. A prisoner employed as hereinbefore provided, whose Prisoner so 
record of conduct while so employed shows that he has faithfully o£7el*^'rJe^s! 
observed all the rules of the state prison governing such employ- aiwance^^f'' *" 
ment, and has not been subjected to punishment, shall be eligible *'^"\'^j'>'^ p^"". 

„- • T -I r> • 1 ^ o month from min- 

lor parole as provided for m chapter 120 of the Laws of 1909, at a'™um sentence. 
time in advance of the expiration of the minimum term of his sen- 
tence, to be computed by deducting therefrom not to exceed three 
days for every month he has been so employed. 

Sect. 7. The countv commissioners of any countv may make bounty commis- 

j .J, ,,",,,. , . . *^ ■ , ' „^. • 1 sioners may 

arrangements with the state highway commissioner or with officials employ prisoners 
of a city or town to work prisoners from the jail or house of correc- hou"erof *c" Sec- 
tion on the construction, improvement or maintenance of highways, 0° In'Tta^te^frl- ^^ 
preparation of road materials or with the state forester for the em- ^^l^.l;- Cust^.dy 

^ ^ _ ^ while so employed. 

ployment of such prisoners. Prisoners so worked who come from 
the county jail shall be in the custody of the sheriff of the county, 
and prisoners so worked from the house of correction shall be in 
the custody of the superintendent thereof. 

Sect. 8. Any person, who, without authority, interferes with Penalty for 
or in any way interrupts the work of any prisoner employed pur- work of'"p^riso'ners 
suant to this act, and any person not authorized by law, who gives ",^p^"^/-*j,'"^^ygg 
or attempts to give to anv prisoner so emploved any narcotic, or in- ''Qwors weai.ons 

^ '^ " „ . , xt, ^ 7 ^j. explosives. 

toxicating liquors, or drug of any kind whatever, or firearms, weap- 
ons or explosives of any kind, shall be deemed guilty of felony, and 
upon conviction thereof shall be punished by imprisonment in the 
state prison for a term of not less than one year and not more than 
five years. 

Sect. 9. All acts and parts of acts in conflict with the provi- Repealing clause; 
sions of this act are hereby repealed. pasllge.**' 

[Approved April 3. 1917.] 



608 



CHiU'TER 120. 

CHAPTER 120. 



ri9i7 



AN ACT RELATIVE TO MORTGAGES TO SECURE FUTURE OBLIGATIONS, AND 
IN AMENDMENT OP CHAPTERS 139 AND 140 OF THE PUBLIC STATUTES. 



Section 

1. Mortgages to secure future indebted- 
ness stated in the mortgage, valid 
when debt incurred. 



Section 

2. Form of oath on chattel mortgages 

given to secure future indebted- 
ness. 

3. Takes effect on passage. 



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



Mortgages to 
secure future 
indebtedness 
stated in the 
mortgage, valid 
when debt 
incurred. 



Form of oath on 
chattel mortgages 
given to secure 
future indebted- 
ness. 



Section 1. Section 3 of chapter 139 of the Public Statutes is 
hereby amended by adding at the end thereof the following: Pro- 
vided, however, that a mortgage or deed of trust which purports 
to be given in whole or in part as security for notes or bonds there- 
after to be issued or other expectant future obligations, and which 
states the nature and the total or maximum amount of the notes, 
bonds or other obligations designed to be secured by it, shall be- 
come a lawful security for such notes, bonds or other obligations as, 
when and to the extent that the same shall actually be issued or 
come into existence as valid obligations of the mortgagor, so that 
said section as amended shall read as follows : Sect. 3. No estate 
conveyed in mortgage shall be holden by the mortgagee for the pay- 
ment of any sum of money or the performance of any other thing 
the obligation or liability to the payment or performance of which 
arises, is made, or contracted after the execution and delivery of 
the mortgage. Provided, however, that a mortgage or deed of 
trust which purports to be given in whole or in part as security 
for notes or bonds thereafter to be issued or other expectant future 
obligations, and which states the nature and the total or maximum 
amount of the notes, bonds or other obligations designed to be se- 
cured by it, shall become a lawful security for such notes, bonds or 
other obligations as, when and to the extent that the same shall 
actually be issued or come into existence as valid obligations of the 
mortgagor. 

Sect. 2. Section 6 of chapter 140 of the Public Statutes is here- 
by amended by adding at the end thereof the following: Provided, 
hoivcvcr, that where a mortgage is given in whole or in part as 
security for notes or bonds thereafter to be issued or other ex- 
pectant future obligations, the affidavit need not refer to the same 
as presently due and owing, but may be so varied as to aver that 
they will be just obligations honestly due and owing when and as 
they are issued or come into existence; and provided further, that 
where the mortgagee is a trustee for the benefit of the holders of 
notes, bonds or other obligations, such trustee need make affidavit 
only to the fact that he receives the mortgage or deed of trust in 



1917] 



Chapter 121. 



609 



good faith for the purposes therein stated, so that said section as 
amended shall read as follows: Sect. 6. Each mortgagor and 
mortgagee shall make and subscribe an affidavit in substance as 
follows : We severally swear that the foregoing mortgage is made 
for the purpose of securing the debt specified in the condition 
thereof, and for no other purpose whatever, and that said debt 
was not created for the purpose of enabling the mortgagor to exe- 
cute said mortgage, but is a just debt, honestly due and owing from 
the mortgagor to the mortgagee. Provided, however, that where a 
mortgage is given in whole or in part as security for notes or bonds 
thereafter to be issued or other expectant future obligations, the 
affidavit need not refer to the same as presently due and owing, but 
may be so varied as to aver that they will be just obligations hon- 
estly due and owing when and as they are issued or come into ex- 
istence ; and provided, further, that where the mortgagee is a trustee 
for the benefit of the holders of notes, bonds or other obligations, 
such trustee need make affidavit only to the fact that he receives 
the mortgage or deed of trust in good faith for the purposes therein 
stated. 

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

passage. 

[Approved April 3, 1917.] 



CHAPTER 121. 

AN ACT PROVIDING FOR A CONVENTION OP DELEGATES FOR THE PURPOSE 
OF REVISING THE CONSTITUTION. 



Section 

1. Delegates to be chosen in towns at 

March meeting, 1918. 

2. Any voter qualified to sit as delegate. 

3. Same number of delegates as repre- 

sentatives, except no town without 
representation. 

4. Certificates of election. 

5. Secretary of state to prepare blank 

certificates. 



Section 

6. Convention to organize first Wednes- 

day of June, 1918, at state house. 

7. Amendments suggested, how pre 

sented to electorate. 

8. Secretary of state to furnish conven- 

tion with supplies. 

9. Governor to contract for transporta- 

tion. Compensation of members 
and officers. 
10. Takes effect on passage. 



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



Section 1. That at the election in the several towns of this Delegates t« be 
State to be holden on the second Tuesday of March, A. D., 1918, at March meeting, 
and at a special election in the several cities of this state to be 
holden on said second Tuesday of March, A. D., 1918, delegates to 
a convention to revise the constitution of this state shall be chosen 



610 



Chapter 121. 



1917 



Any voter quali- 
fied to sit as 
delegate. 

Same number of 
delegates as 
representatives. 
except no town 
without repre- 
sentation. 

Certificates of 
election. 



Secretary of state 
to prepare blank 
certificates. 



ConveJition to 
organize first 
Wednesdav of 
June. 1918, at 
state house. 



Amendments 
suggested, how 
presented to 
electorate. 



Secretary of state 
to furnish con- 
vention with 
supplies. 

Governor to 
contract for 
transportation. 
Compensation of 
members and 
officers. 



and an article therefor shall be inserted in the warrants calling 
said meetings ; and all the laws relating to the election of repre- 
sentatives to the general court, so far as the same may be applicable, 
shall apply to the election of delegates except as herein otherwise 
provided. 

Sect. 2. Any person shall be eligible to a seat in said conven- 
tion who by the laws of this state is a qualified voter in the town 
or district from which he may be elected. 

Sect. 3. The delegates shall be proportioned as the representa- 
tives to the general court, except that, each and every town shall be 
entitled to send one delegate at least. 

Sect. 4. Town clerks and clerks of supervisors of election shall 
deliver to the person or persons elected a certificate of his or their 
election. 

Sect. 5. The secretary of state is directed to prepare and sea- 
sonably transmit to the several town clerks suitable blank forms 
for certificates of the election of delegates. 

Sect. 6. The delegates so chosen shall meet in convention at 
the capitol in Concord on the first Wednesday of June, A. D., 1918, 
at 11 o'clock in the forenoon, and shall proceed to organize them- 
selves in convention by choosing by ballot one of their number as 
president, and such other officers as they may deem necessary ; they 
shall be the judges of election and returns of their own members, 
and may establish rules of proceeding, and when organized shall 
proceed to revise the constitution. 

Sect. 7. If alterations or amendments of the constitution shall 
be agreed to by said convention, they shall be so arranged and pre- 
pared that the same can be voted on by the people separately, un- 
less the convention shall be of the opinion that it is impracticable 
so to prepare and arrange them, in which ease the amendments 
shall be voted on together; and in either case the convention shall 
prescribe the mode of publication of tlie amendments, the time and 
manner in which the same shall be submitted to the people for their 
approval, and may pass an ordinance in relation to the manner of 
ascertaining their decision and declaring and publisliing the same, 
the time when such amendments as shall be approved shall take 
effect, and may do any and all other things which they deem neces- 
sary to carry out the purpose and object of such convention. 

Sect. 8. It shall be the duty of the secretary of state to fur- 
nish said convention such books, documents, papers, stationery, and 
printing as the convention shall require or order. 

Sect. 9. The governor is hereby authorized and directed to con- 
tract prior to the session of the constitutional convention for the 
steam railroad transportation "of the deU^gates. officers and em- 
ployees of the same. Said contract .shall be made in the name of 
the state and the cost thereof shall be paid from the treasury upon 
the warrant of the governor. Such payment shall be in lieu of all 



1917 



Chapter 122. 



611 



mileage of delegates and ofBcera of the constitutional convention, 
and for his attendance each member shall receive three dollars per 
day during the said convention, except that the clerk and assistant 
clerk shall receive the same pay as a member of the convention and 
such additional sums as the governor and council may allow for 
making up the journals, the same to be paid out of the treasury. 

Sect. 10. This act shall take effect from and after its passage. Takes eflfect on 



passage. 



[Approved April 3, 1917.' 



CHAPTER 122. 

AN ACT RELATING TO THE SCHOOL YEAR AND IN AMENDMENT OP SECTION 
13, CHAPTER 92 OP THE PUBLIC STATUTES. 



Skction 

1. Fiscal year of school districts to end 
August 31st. 
Appropriations to be made for ex- 
penditures during year to end 
August 31st. 
Selectmen to pay appropriations to 
treasurer of district, before Octo- 
ber 2, and monthly thereafter, as 
required. 



2. 



3. 



Section 

4. School boards to file reports with 

state superintendent during first 
fifteen days of September annually. 

5. Repealing clause; takes effect on 

passage. 



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



Section 1. The fiscal year of town and special school districts Fiscal year of 
beginning February 16, 1917, shall end August 31, 1918, and there^nd^August'^'st." 
after the fiscal and the scholastic year shall end August 31, an- 
nually. 

Sect. 2. At its annual meeting holden in accordance with the Appropriations to 
provisions of section 1, chapter 90 of the Public Statutes, such expenditures 
school districts shall raise and appropriate money for the support end"Aug(ist 3ist. 
of srliools to be expended during the fiscal year beginning Septem- 
ber 1, next succeeding. 

Sect. 3. The selectmen shall pay over to the district treasurer, appropr^at/on^to 
annuallv, on or before October 1, and monthlv thereafter, sucht'"?asurer of dis- 

1111 •/» "• oi tr'ct. before 

sums as the school board shall require tor the maintenance of the October 2 and 

, , nionthlv there- 

SCnOOlS. after, as required. 

Sect. 4. Section 13 of chapter 92 of the Public Statutes relating .'School boards to 
to reports of school boards to the state superintendent, as amended state Tuperintend- 
by chapter 5 of the Laws of 1903, is hereby repealed and in place Xe^^"!^'^"^, fj'* 
thereof there is substituted the following: Sect. 13. School '^^p'^™*'^'- 

'=' annually. 

boards shall, on or before the fifteenth day of September in each 



612 



Chapter 123. 



1917 



Repealing cl.tuse ; 
takes effect on 
pagsage. 



year, send to the superintendent of public instruction copies of 
their annual reports and answers to the questions proposed by him 
relating to the schools in their districts. 

Sect. 5. All acts and parts of acts in so far as they are incon- 
sistent with this act are hereby repealed and this act shall take 
effect upon its passage. 

[Approved April 4, 1917.] 



CHAPTER 123. 



AN ACT CONCERNING THE MILITIA. 



n. 

12. 



13. 
14. 



15. 
16. 



Military duty, who subject to. 

Militia classified as the unorganized 
militia, and the national guard. 

Unorganized militia includes whom. 

Unorganized militia may be ordered 
into service by governor, in time 
of war, invasion, rebellion or riot. 
Drafting classified and regulated. 

"Town" defined for purpose of this 
act. 

Annual enrollment of citizens quali- 
fied for militia, in towns, to be 
furnished to adjutant-general. 

Incorrect enrollment, jurisdiction of 
superior court to cause new enroll- 
ment. 

Exemptions from military service in 
unorganized militia. 

Penalty for selectman's failure to per- 
form duty imposed by this act. 
Procedure. 

Penalty for refusing information for 
enrollment. Enrolling officers mav 
administer oaths. 

Examining surgeons, how appointed ; 
duties. Penalty for refusing to act. 

Governor to be commander-in-chief of 
unorganized militia and national 
guard. Powers. 

Governor's staff, who qualified for. 

Adjutant-general, powers and duties. 
Bond of. Account of expenditures 
etc. : how audited. 

National guard, number of enlisted 
men, in times of peace. 

National guard, organization, equip- 
ment and training, to accord with 
national regulations. Governor 
may increase force in times of war, 
etc. 

National guard, qualifications for, 
and period of enlistment. 

National guard officers, qualifications 
of, to accord with federal regula- 

tiODB. 



19. National guard officers, removed how. 

20. Discharge; honorable and dishonor- 

able, from national guard; effect of. 

21. Governor empowered to order out na- 

tional guard in case of riot or 
civil commotion. 

22. National guard may do escort duty 

or special service, on orders from 
governor; and shall participate in 
encampments, etc., in accordance 
with federal regulations. 

23. Commanding officer may contract for 

use of land for maneuvers, at 
agreed price. 

24. Rent, disagreement as to. determined 

by the county commissioners. Pro- 
cedure. 

25. Appeal from award of commissioners 

to superior court. Trial by jury. 

26. Encampment and inspections, how 

warned by commander. 

27. Same, warning by noncommissioned 

officer. 

28. National guard to assemble for drill, 

in accordance M-ith federal regula- 
tion, or on orders from the gov- 
ernor. 

29. Draft for national guard, in time of 

peace, regulated. 

30. Adjutant-general to divide state into 

military districts, by general or- 
ders, when. 

31. Commanding officer to return annu- 

allv. to selectmen, names of active 
members of his command, resident 
in their respective towns. 

32. National guard in N. H. governed by 

federal regulations, when. 

33. Armories to be in charge of commis- 

sioned officer; military supplies, 
etc., to be kept therein. Bond of 
commanding officer. 

34. Commissioned officers to provide uni- 

form and equipment. .Mlownnce 
therefor. 



1917 



Chapter 123. 



613 



35. Allowance to supply officers; com- 

manding officers and other officers 
under bond for care of property; 
regimental commanders: command- 
ing officer of coast artillery; bat- 
tery and signal corps commanders ; 
company commanders; adjutants 
and regimental adjutants. 

36. Compensation of commissioned and 

noncommissioned officers, privates, 
etc.. when atending maneuvers. 

37. Compensation when ordered out by 

governor for other duty than ma 
neuvers. 

38. Courts-martial; classified; jurisdic 

tion and powers. 

39. General courts-martial ; how con 

vened; powers. 

40. Special courts-martial; how ap 

pointed; powers. 

41. Summary courts-martial; how ap 

pointed; powers. 

42. All courts-martial empowered to sen 

tence to confinement in lieu of fine 
Limitation of period. 

43. Dismissal and dishonorable discharge, 

invalid unless approved by the 
governor. 

44. Presidents of courts-martial, power 

to issue warrants for arrest : sub- 
pcenas duces tecum; attachment for 
contempt and warrant for collec- 
tion of fines; and mittimus for car- 
rying out sentence of imprison- 
ment. 

45. Commissioned officers may administer 

oaths in proceedings under this ac*. 

46. Witness fees, and fees for summon- 

ing, before courts-martial, same as 
in superior court. Penalty for non- 
appearance after summons. Depo- 
sitions. Accused entitled to state's 
process for compelling attendance 
of witness. Employment of stenog- 
rapher by courts-martial. 

47. Courts-martial, officers in attendance, 

compensation. 

48. Members of courts-martial exempt 

from civil liability, for issuance of 
any process or mandate; or for 
judgments rendered. 



49. Burden of proof as to jurisdiction of 

courts-martial. 

50. Riots and resisting law, person in- 

jured or killed in, by member of 
national guard engaged in service, 
latter not resitonsible civilly or 
criminally. Exemption from arrest 
by civil authority of members of 
national guard while on duty or 
en route. 

51. Civil suits, against officer for official 

act, the defendant entitled to se- 
curity for costs. Pleas in such 
cases. 

52. Militia, on parade or duty, have 

preference in use of highways, ex- 
cept as to. what. 

53. Commanding officer, jurisdiction over 

camp grounds. 

54. Federal army regulations control as 

to all matters of national guard of 
N. H. not herein provided. 

55. Privileged communications, — reports 

and communications of officers and 
members, to their superiors, not to 
be used as evidence in civil or 
criminal proceedings. State to de- 
fend action or proceedings growing 
out of such communications. 

56. National guard reserve, established, 

how recruited. 

57. National guard reserve, use of; en- 

listments not to apply to. 

58. Surplus officers of national guard re- 

serve, not to be transferred to na- 
tional guard reserve. Exceptions. 

59. Officers of national guard reserve, 

appointed to vacancy in active or- 
ganization, how. 

60. National guard reserve, subject to 

federal regulations. 

61. Officers of national guard reserve, 

placed on retired list, when. Pres- 
ent relieved list not affected. 

62. Officers on retired list to serve with- 

out pay; withdrawn from com- 
mand and promotion, but retained 
on the register, may be detailed for 
active duty. when. 

63. Specific repealing clause; general re- 

peal. 

64. Takes effect on passage. 



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

Section 1. All male citizens and all male residents of this state Military duty, 
who have or shall have declared their intention to become citizens *^° subject to. 
of the United States, between the ages of eighteen and forty-five 
years, not exempted by law, shall be subject to military duty and 
designated as the militia. 



13 



614 Chapter 123. [1917 

Militia classified Sect. 2. The militia shall be divided into two classes as fol- 

as the unorgan- .... 

ized militia, and lows : The uiiorgaiiized luilitia and the national guard. 
guard'. Sect. 3. The unorganized militia shall consist of all male citi- 

unorganized zcns and all male residents of this state who have or shall have 
whom "^'^'"'^®® declared their intention to become citizens of the United States, be- 
tween the ages of eighteen and forty-five years, not exempted from 
military duty as hereinafter provided, and are not members of the 
national guard. 
unorKanized Sect. 4. lu time of war, invasion, rebellion or riot or reason- 

ordered™into '^ able apprehcusion thereof, or upon requisition by the president of 
erno'r'^in^ti^e of ^hc United Statcs, the governor shall order out for active service 
war invasion, such portiou of the unorgauizcd militia as he mav deem necessary. 

rebellion or not. ^ ^ . j. * . 

Drafting classified The govcmor shall apportiou any such drafts equitably among the 
regu a e . gevcral towus and the order therefor shall be directed to the select- 
men of each town or mayor of each city, and they shall appoint a 
time and place of assembly, and order the unorganized militia of 
said town to appear thereat, by leaving written or printed notices 
with each of them or at their usual place of abode, or by publishing 
a notice thereof in some newspaper printed in said town, or, if no 
newspaper is printed in said town, in a newspaper which has a cir- 
culation in said town ; and shall then and there draft such number 
by lot from such unorganized militia or accept such as may volun- 
teer to enlist for active service under the order of the governor; 
and shall return to the adjutant-general the names of such persons 
drafted or enlisted under said order, who shall thereupon be sub- 
ject to the order of the governor and become part of the national 
guard, and shall be assigned to such units or organizations of the 
national guard as the governor shall direct. If the selectmen of 
any town shall neglect or refuse to comply with such order, the 
governor shall appoint some proper person to execute the same at 
the expense of such town, and said person shall make return of his 
doings to the adjutant-general. 

The draft provided by this section shall be made from the classes 
hereinafter specified in the following order: 

First class: Unmarried men of the ages of eighteen to twenty- 
five years, inclusive. 

Second class : Unmarried men of the ages of twenty-six to forty- 
five years, inclusive. 

Third class : Married men of the ages of eighteen to twenty-five 
years, inclusive. 

Fourth class: Married men of the ages of twenty-six to forty- 
five years, inclusive. 

No draft shall be made of any subse(iuent class until the preced- 
ing classes shall have been exhausted. 
"Town" defined Sect. 5. Whcrcver the word town is used in this act it shall 
fhi3^a"c't^°^^ "^ mean towns or cities, and wherever the word selectmen is used in 
this act it shall mean selectmen of towns or mayors of cities. 



1917] Chapter 123. 615 

Sect. 6. The names of male citizens, and all other male resi- Annual enrollment 
dents of this state who have declared their intention to become citi- fied forTiiitu "in 
zens of the United States, between the ages of eighteen and forty- fu^nf^hed 'to 
five years, residing in each town on the first day of April subse- '^'^J'^'ant-generai. 
quent to the last enrollment, shall annually, between the first day 
of April and the first day of May following, be enrolled alphabet- 
ically in four classes as provided in section 4 of this act, by or 
under the supervision of the selectmen of the town in which they 
reside, of which enrollment lists an original and two copies shall 
be made, one of which copies shall be for the adjutant-general. On 
such enrollment lists and opposite the name of every person exempt 
from military duty as hereinafter provided, the selectmen shall 
write the word Exempt, and opposite the name of every person who 
is a member of the national guard, the words National Guard, and 
shall sign such lists and file the same in the office of the town clerk 
of such town before the fifteenth day of May, and annually, on or 
before the fifteenth day of May, make report to the adjutant-general 
of the total number enrolled on their respective lists, the number 
marked Exempt, the number marked National Guard, the num- 
ber of the unorganized militia, and shall certify that they believe 
such lists to be correct. The adjutant-general may call for the 
original enrollment, showing the names of those exempt and causes 
of exemption, and satisfy himself of its accuracy. Provided, how- 
ever, that the first enrollment hereunder shall be made and the cop- 
ies thereof filed in the offices of the town or city clerks and of the 
adjutant-general on or before thirty days from the passage of this 
act. 

Sect. 7. Whenever the adjutant-general shall be of the opinion incorrect enroii- 
that the enrollment lists of any town, required to be made under ""supe^ior^cou'r"" 
the provisions of section six hereof, are incorrect, he may. upon not enr*oirmln".^^ 
less than five days' notice to one of the selectmen of such town, 
apply to any judge of the superior court for the appointment of 
one or more competent persons, residents of such town, to make a 
new enrollment list of the town, according to law, and said judge 
may forthwith appoint one or more competent persons, residents 
of said town, to make a new enrollment list within such time as he 
shall limit. The person or persons so appointed shall be sworn to 
the faithful performance of their duties, and shall make such new 
enrollment list in triplicate within the time limited, and return the 
same to said judge, and such list, having been approved by said 
judge, shall be lodged with the town clerk of such town by the per- 
sons making the same, and a copy thereof shall forthwith be filed 
with the adjutant-general. The enrollment list so made out and 
lodged shall be the enrollment list of such town for the year in 
which it shall be made. The expense of such new enrollment shall 
be approved by the judge ordering the same and shall be paid by 
the town. All blanks required by the provisions of this act shall 
be prepared and furnished by the adjutant-general. 



616 



Chapter 123. 



[1917 



Exemptions from 
military service 
in unorganized 
militia. 



Penalty for 
selectman's failure 
to perform duty 
imposed by this 
act. Procedure. 



Penalty for refus 
ing information 
for enrollment. 
Enrolling officers 
may administer 
oaths. 



Examining 
surgeons, how 
appointed ; duties 
Penalty for 
refusing to act. 



Sect. 8. The following described persons are exempt from mili- 
tary duty as part of the unorganized militia, and exempt from 
liability to be drafted in accordance with the provisions hereof: 
All those who possess such physical or mental disabilities as shall 
be described in general orders issued by the adjutant-general and 
approved by the governor, printed copies of which approved gen- 
eral orders, specifying such disabilities, shall be sent annually, on 
or before the first day of February in each year, to the selectmen 
and town clerk in each town in the state by the adjutant-general ; 
the officers, judicial and executive, of the state of New Hampshire ; 
persons in the service, active or reserved, of the national guard ; 
the warden and deputy warden of the state prison and all those 
persons who are exempted from military duty under the laws of 
the United States, but no person so exempted shall be exempted 
from military service in any capacity that the president of the 
United States shall declare to be noncombatant. 

Sect. 9. Every selectman, or other officer performing the duties 
of selectman, failing to perform the duty of enrolling officer under 
the provisions of this act, shall be fined not to exceed five hundred 
dollars. When the adjutant-general shall find, from the returns 
of the selectmen of any town, that they have not made a true re- 
port of the number of persons liable for military duty under the 
provisions of this act, he shall notify such selectmen by mail that 
they have failed to make such report ; and if they shall not make 
true report of the number of such persons, as nearly as the same 
may be ascertained, within twenty days after such notice, he shall 
notify the county solicitor in the county in which such selectmen, 
or other officer or officers performing the duties of selectmen, re- 
side, who shall prosecute for such offense. 

Sect. 10. Every person knowingly and wilfully refusing in- 
formation to any selectman or other person making such enroll- 
ment respecting any reason for exemption of liimself or of his son, 
or ward, or person in his employ or boarding witli him. sliall be 
fined twenty dollars. In case of doubt as to exemption from mili- 
tary duty, the burden of proving such exemption and the expense 
thereof shall be on the person claiming it ; and all enrolling officers 
may require the person examined by them to testify under oath, 
and may administer such oath. 

Sect. 11. The governor shall appoint examining surgeons, re- 
movable at his pleasure, and make regulations as to fees and pro- 
cedure to determine exemptions from military duty for physical 
and mental disabilities as prescribed in general orders ; and the offi- 
cers of the medical corps of the national guard shall be appointed 
for such duty in their respective towns. If any person shall neg- 
lect or refuse to perform the duties imposed by this section he 
shall be fined not exceeding one hundred dollars. 



1917] Chapter 123. 617 

Sect. 12. The governor shall be commander-in-chief of the un- Governor to be 

I •!•.• TO, . commander-in- 

organized militia and of the national guard, except when it is called chief of unorgan 
into the actual service of the United States, and may employ it or natlo^aT'^ard!^ 
any part of it, for the defense or relief of the state or any part of ^°''^"- 
its inhabitants, or territory; shall make and publish regulations 
for the organization and government of the national guard, in ac- 
cordance with the laws of the state or of the United States, and 
shall have all the powers necessary to carry into full effect the pro- 
visions of this act. 

Sect. 13. The staff' of the governor shall be appointed by him ^^o^emor's staff, 
and shall consist of the adjutant-general, with the rank of briga- "^ " '^'^^^'^^^ *°'"- 
dier-general, who shall be chief of staff, and after the first Wednes- 
day in January, 1919, eight aides-de-camp, four of whom shall be 
detailed from the national guard, shall retain their existing rank 
and shall remain subject to duty except as their services may be 
required by the governor as members of his staff. The remaining 
four may be appointed from officers or ex-officers of the United 
States army, or of the national guard, or from civil life. Officers 
detailed from the national guard shall not be exempt from per- 
forming the duties required of them as officers of the national 
guard. If said aides-de-camp are appointed other than from the 
national guard, they shall have the rank of major, shall hold office 
during the pleasure and not exceeding the term of office of the 
governor, and shall not thereby be exempted from military duties 
under the terms of this act. The adjutant-general shall be ap- 
pointed by the governor, shall serve during his pleasure, and his 
commission shall expire with the term of office of the governor by 
whom he is appointed. 

Sect. 14. The adjutant-general shall issue all orders of the gov- Adjutant-generai, 
ernor to the national guard and unorganized militia, and shall BondTof*" Ac«)un*t 
make such returns and reports as are required, including an an- etc.^;^o^''aud?t'ed. 
nual report to the governor on the condition of the national guard, 
and such other matters relating to the militia as he may deem ex- 
pedient, and shall perform such other duties as are required of an 
adjutant-general, and in addition thereto, he shall be the custodian 
of all state armories, target ranges and arsenals and other state 
military property, and shall be charged with the procuring of all 
supplies and transportation, at the expense of the state, and the 
payment of troops when ordered out by the governor, or with his 
approval. The adjutant-general may detail such officers of the 
adjutant-general's department or quartermaster's department, 
active or retired, as may be necessary for the proper performance 
of these duties and may employ such clerks and assistants, in addi- 
tion to those whose compensation is fixed by statute, as may be , 
necessary to conduct the business of his department and the quar- 
termaster's department, at a total expense not exceeding the amount 
to be fixed by the governor and council from the biennial national 



618 Chapter 123. [1917 

guard appropriations, and no expenditures shall be made in any 
military department of the state without the approval of the 
adjutant-general. In those places where armories and ranges are 
not owned by the state the adjutant-general shall, with the approval 
of the governor and council, rent suitable armories and ranges for 
such terms as he may deem proper. The adjutant-general shall 
give bond, with a proper surety company as surety, in the sum of 
five thousand dollars, conditioned for the faithful discharge of his 
official duties. Said bond shall be filed in the office of the secre- 
tary of the state. The premium of said bond shall be paid from 
the national guard appropriation. The adjutant-general shall an- 
nually 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 31 with 
vouchers therefor and the same shall be audited and adjusted as 
may be directed by them. The accounts and vouchers so audited, 
if allowed, shall be deposited and kept on file in the office of the 
adjutant-general. When his account has been so submitted and 
audited he shall receive a certificate from the governor to that 
effect. 
National guard, Sect. 1 5. In time of pcacc the number of enlisted men of tlie 
m^™*?n thnTs' of^^ national guard shall be not less than the minimum required by 
P^^^'^- the laws of the United States, and the required number of officers. 

National guard, Sect. 16. The national guard shall be organized, uniformed, 
eqmpment°and equipped, trained and disciplined as required by the laws and 
wfth nftiona*i'^*^°^*^''^S^^^^^^^^^ ^^ ^^^^ United States relating to the national guard. 
regulations. The various organizations and units of the national guard shall be 

Governor may , • ^ i> ,•!• 

increase force in located throughout the State With reierence to the miiitarv wants 

times of war, etc. ,, « « .. i , .,., 

thereof, means oi concentration and other military ri'(|uirements. 
The governor may, in case of war, invasion, insurrection, riot, or 
imminent danger thereof, increase said force and organize the same 
according to the constitution and laws of the United States and of 
this state. 
National guard Sect. 17. The period of enlistment in the national guard shall 

and period"of "^ be as prescribed by the laws of the United States relating to the 
enlistment. national guard, and the qualifications for enlistment shall be the 

same as those prescribed for admission to the United States army, 
provided the privilege of continuing in active service during the 
whole of an enlistment period and of re-enlisting in said service 
shall not be denied by reason of anything contained in the act of 
Congress relating to the national defense approved June 3, 1016. 
National guard Sect. 18. Oulv sucli officci's shall be appointed and commis- 

t^nrof, ?o ^acco?d sioucd as oflficers of the national guard as have successfully passed 
reguiaUons"' ^^^^ ^^^^^ ^^^ examinations as to physical, moral and professional 
fitness as shall be prescribed by the laws and regulations of the 
United States relating to the qualifications of national guard offi- 
cers and all officers shall be appointed, commissioned and promoted 



1917] Chapter 123. 619 

in the manner provided by such laws and regulations. All officers, 
including staif officers, hereafter appointed under the provisions 
of this act shall hold their positions until they shall have reached 
the age of sixty-four years unless retired prior to that time by 
reason of resignation, disability or for cause to be determined by a 
court-martial legally convened for that purpose. Vacancies among 
staff officers, including officers of the pay, inspection, subsistence 
and medical departments, shall be filled by appointment from the 
officers of the militia of the state. 

Sect. 19. At any time the moral character, capacity and gen- Xationai guard 
eral fitness for the service of any national guard officer may behJw!'"'' '"^""'"^ 
determined by an efficiency board of three commissioned officers, 
senior in rank to the officer whose fitness for service shall be under 
investigation, and if the findings of such board be unfavorable to 
such officer and be approved by the governor, he shall be dis- 
charged. Commissions of officers may be vacated upon resigna- 
tion, or absence without leave for three months, or upon the recom- 
mendation of an efficiency board or pursuant to sentence of a 
court-martial. 

Sect. 20. Every person who shall have served the prescribed Discharge ; hon- 

• 1 p T -1 -1 Tinr. • orable and dishon- 

period or enlistment m the national guard shall, after the expira- orabie, from 
tion of said period of enlistment, be thereby entitled to an honorable "ffecTof.^"'*'^ ' 
discharge, exempting him from military duty thereafter, except in 
case of war, invasion, rebellion, riot, or reasonable apprehension 
thereof, but this section shall not apply to any person against whom 
military charges are pending. No person shall be dishonorably 
discharged from the national guard except upon the sentence of a 
general or special court-martial. No resignation, removal or dis- 
charge shall in any way affect the liability of any person for public 
property in his possession or for which he is responsible, or for 
fines or dues, due the organization to which such person belongs, or 
for fines for non-performance of military duty legally imposed. 

Sect. 21. In case of riot or civil commotion in any place in this Governor empow- 
state, any officer whose duty it is to enforce the civil authority at naHonai°guard"in 
any such place may, if he considers that the force at his disposalpf^^^ °^^'^ot"o„ 
is not sufficient, inform the governor or acting governor, who may 
order out such portion of the national guard as he thinks proper 
for such duty as he deems necessary. 

Sect. 22. The national guard may parade for drill, escort duty National guard 
or any special service as ordered by the governor, and shall partici-™uty*^r spe°fai 
pate in encampments, maneuvers or other exercises, including out- ^^^^'^^-^^p"^^"!"^''.^" 
door target practice, as may be required bv the laws and regula- a"^ shaii partiei- 

^* ' "^ . *. - pate in encamp- 

tions of the United States relating to the national guard, or as mayments. etc.. in 

- accordance with 

be ordered by the governor. federal regulations. 

Sect. 28. The officer commanding troops to be encamped mav ^"™™anding 

. ' . . ' officer may con- 

eontract for the use of the land required for a camp of instruction, tract for use of 

, -Li A land for maneu- 

maneuvers or practice march, at a reasonable rent. , vers, at agreed 

price. 



620 Chapter 123. [l^H 

Rent, disagree- Sect. 24. Upoii petition of the owner of the land so occupied, 

de'termfnld by when the amount of such rent is not agreed upon, to the county 
the county commissioners, and hearing thereon, fourteen days' notice of which 

commissioners. " . 

Procedure. hearing shall be given to the adjutant-general, they shall assess the 

damages occasioned by such occupation and make return thereof 

to the adjutant-general ; and the amount so assessed with costs shall 

be paid from the state treasury. 

Appeal from Sect. 25. If the owncr or the adjutant-general is dissatisfied 

sioners°to*'s^™rfor with the damagcs assessed, he may, at any time within thirty days 

court. Trial by from such rctum to the adjutant-general, apply by petition to the 

superior court at the next trial term thereof in the county where 

the land lies, for an assessment of his damages by a jury ; and like 

proceedings shall be had thereon, so far as the same are applicable, 

as in the case of damages for land taken for a highway. 

Encampment and Sect. 26. When a Company is to be paraded for encampment 

warned'by'conT o^" inspcctiou, the commaudcr shall issue his orders to one or more 

mander. ^f ^j^g noucommissioned officers, not exceeding two, of his company, 

requiring them to warn the officers and enlisted men whose names 

are inserted or annexed to the order to appear at the time and 

place appointed to parade ; except that in case of tumult, riot, 

invasion, or insurrection the commander shall issue his ordere to 

one or more noncommissioned officers, as he may deem sufficient, 

and the reading of such order in the presence of the persons to be 

warned by said noncommissioned officer shall be deemed sufficient 

notice thereof. 

Same, warning by Sect. 27. Such noucommissioued officer shall warn every per- 

officer™™'^^*"'^^*^ son whose name is so inserted, except as provided in the preceding 

section, by delivering to him in person, or mailing to his last known 

address, or leaving at his abode, the written order at least four days 

previous to the time of parade. They shall receive one dollar each 

for making such service. The noncommissioned officers, delivering 

such warning shall, at least four days previous to such a parade, 

make a return thereof containing the names of the persons warned 

and the time, place, and manner of warning. 

National guard to Sect. 28. Each Company, troop, battery and detachment in the 

assemble for drill, national guard shall assemble for drill and instruction, including 

in accordance . " . to 

with federal regu- indoor target practice, as shall be required by the laws and regula- 
orders from the tions of the United States relating to the national guard or as may 
governor. ^^ Ordered by the governor. 

Draft for national Sect. 29. If in time of peace any company, troop, battery or 
peace'!' reguiTt^ed.^ detachment of the national guard shall have failed by voluntary 
enlistment to obtain the minimum strength rwiuired by the laws 
of the United States, the commanding officer of such company, 
troop, battery or detachment shall report to the adjutant-general 
the number of enlisted men required, and, in addition, a number 
equal to the loss expected during the succeeding three months, of 
enlisted men whose terms of active service expire during that period 



1917] Chapter 123. 621 

and who have signified their intention of not continuing in active 
service or re-enlisting. The adjutant-general shall upon receipt of 
such report inform the governor of the facts and the governor shall 
then draft from the unorganized militia of the districts, or such 
portion thereof as he shall designate for that purpose, in which 
such company, troop, battery or detachment is located, the number 
of men required to maintain such minimum strength and in addi- 
tion such number as he may deem necessary to allow for possible 
rejections. Such draft shall be made by order directed to the se- 
lectmen of towns in such district, who shall within five days trans- 
mit to the adjutant-general four lists, one containing the names of 
all persons on the roll of the unorganized militia in such towns or ^ 

cities of the ages of eighteen to twenty-five years, inclusive, who 
are unmarried ; the second containing the names of all persons on 
the roll of the unorganized militia in such towns or cities of the 
ages of twenty-six to forty-five years, inclusive, who are unmar- 
ried; the third containing the names of all persons on the roll of 
the unorganized militia in such towns or cities of the ages of eight- 
een to twenty-five years, inclusive, who are married ; and the fourth 
containing the names of all persons on the roll of the unorganized 
militia in such towns or cities of the ages of twenty-six to forty-five 
years, inclusive, who are married. The adjutant-general, or some 
officer detailed by him shall prepare slips upon which shall be 
placed the names of all persons on the first list and within five days 
after the receipt of such list, the adjutant-general or some officer 
detailed by him shall, in the presence of one of the selectmen or 
some other officer of such town, place such slips in a box and draw 
therefrom the number required by said draft. Should the number 
contained in said first class be insufficient, then draft shall be made 
in like manner from the succeeding classes successively for the pur- 
pose of supplying such insufficiency. All men whose names are 
so drawn shall be ordered by the adjutant-general to report to the 
commanding officer of such company, troop, battery or detachment, 
at a certain time and place, and submit to the necessary physical 
examination. Such order shall be in writing, and a copy thereof 
shall be served upon each man so drafted, by an officer or noncom- 
missioned officer of the national guard designated by the adjutant- 
general, at least six days before the time designated for reporting 
to such commanding officer. From those who have passed such 
physical examination, a sufficient number of names shall be se- 
lected to fill all vacancies existing or expected at the date of draft, 
the method of selection being the same as hereinbefore provided, 
except that the adjutant-general shall be represented by the com- 
manding officer of the company, troop, battery or detachment con- 
cerned and the drawing shall be made in the presence of those pres- 
ent subject to draft. All men so selected who do not volunteer to 
enlist shall thereupon be enrolled as members of the national guard. 



622 Chapter 123. [1917 

Any person so drafted and ordered to report as hereinbefore pro- 
vided, who, having been personally served with a copy of said 
order, shall fail to appear at the time and place designated by said 
order or who shall fail to present to such commanding officer a 
sworn certificate from a physician in good standing, of physical dis- 
ability, shall be fined not less than ten nor more than fifty dollars 
for each day he shall fail to appear. The courts of this state shall 
have jurisdiction of all prosecutions under the provisions of this 
section. 
Adjutant-general Sect. 30. The adjutaut-gcneral shall, within thirty days after 
into'mmtfry* dis- the passagc of this act, divide the state into such number of districts 
orders ^when''"*''^'*' as iu his judgment may be proper. Such divisions shall be em- 
bodied in a general order, copy of which shall be mailed to the se- 
lectmen throughout the state and to all officers of the national 
guard. Such districts may from time to time, as occasion requires, 
be modified by the adjutant-general, but in the event of such modi- 
fication like notice shall be embodied in a general order and mailed 
to the persons and officers aforesaid. 
Commanding of- Sect. 31. The Commanding officer of each organization of the 
nu"ii? [rTeieJt"' national guard shall, annually, on the thirty-first day of March, 
™trve"m™mbe°/s of make a certified return of the names of the active members of his 
his command command who have performed the duty required by law, to the 

resident in their ^ , i • -i 

respective towns, selectmen of the town in which such members reside. 
National guard in Sect. 32. Uuless Otherwise expressly provided the national 
L^afTe^uif ^^ guard in this state shall be governed by the laws, rules and regula- 
tions, when. ^-^jjg ^£ ^ljg United States for governing the national guard, pro- 
vided the national guard in this state shall receive aid and support 
from the Ignited States, and in the event that such aid or support 
shall be withdrawn or in the event that the Congress of the United 
States shall repeal all legislation relating to the national guard, 
leaving to the various states the duty to provide for and maintain, 
without federal aid or control, their own military forces, then the 
national guard of this state shall be organized, trained, disciplined 
and governed, its officers shall be appointed, commissioned and pro- 
moted and its enlisted men shall be enlisted and discharged in such 
manner as may be prescribed by the adjutant-general in regula- 
tions and general orders approved by the governor, until the gen- 
eral court shall make provision therefor. 
Armories to be in Sect. 33. Every armory shall be under the charge of a eom- 
skfne^d officer?""''' Hiissioned officcr, designated by the adjutant-general ; and therein 
military supplies, gj^gU jjg ^pp^ all propcrtv fumishcd to any command quartered 

etc., to be kept ' *'. ,^ „ , illl 

therein. Bond of therein, aiid the commanding officer or every such commaiul snail 

oK!"'*^'"^ be responsible for such property, and shall execute sucli bonds 

therefor as the adjutant-general, from time to time, shall require, 

the premium of such bonds to be paid by the adjutant-general; 

and no command shall be so furnished until such bonds shall be 



1917] Chapter 123. 623 

executed and approved by the adjutant-general, nor until a suitable 
armory shall be selected for the deposit of such property. 

Sect. 34. Every commissioned officer of the national guard Commissioned 
shall provide himself with a complete uniform and equipment; anduniTorm and'^"^' * 
every officer so uniformed and equipped and in the service on the ance^therefof "°^' 
first day of June in each year shall be then paid by the adjutant- 
general, the sum of twenty-five dollars. 

Sect. 35. The supply officer of each regiment of infantry, and Allowance to 
the commanding officer of each company of cavalry, signal corps, commanding offi- 
coast artillery, infantry, sanitary detachment, ambulance company acers^under^ond 
and field hospital company bonded for the care of United States J°[/.^;|g'?^S- 
and state property, shall be allowed fifty dollars a year, the com- commanders ; ^^ 
manding officer of each field battery seventy-five dollars per year, cer of coast artii- 
and each other officer under bonds for the care of United States slgnki '?oips com- 
and state property, twenty-five dollars a year, as compensation f or ™ mmrnde^?^^"^ 
the care of such property, to be paid by the adjutant-general on or rfJSi^entli^rdju- 
before the first day of June in each year, or as soon thereafter as^ants. 
possible, provided all United States and state property is found on 
hand and in satisfactory condition at the federal inspection of that 
year, deducting the value of such property not satisfactorily ac- 
counted for. The commanders of the several organizations shall 
receive an annual alloM-ance for printing, postage and stationery, 
as follows: Regimental commanders, seventy-five dollars; the com- 
manding officer of the coast artillery corps, fifty dollars ; battery 
and signal corps commanders, and each company commander, ten 
dollars. There shall be paid to each regimental adjutant for cler- 
ical services, the sum of forty dollars per annum and to each adju- 
tant of a separate battalion the sum of twenty dollars per annum 
to be paid on the first day of June of each j'^ear. 

Sect. 36. For each day's service in complete uniform, when compensation of 
ordered out by the governor for maneuvers, field exercise or target an"^"nonc"ommis- 
practiee, not exceeding fifteen days in each year, and after said^'Oj^^^^o''^^^^^' 
period the pay of their grade in the United States army ; each «hen attending 
commissioned officer shall be paid at the same rate, base pay, as an 
officer of like grade in the army of the United States ; to each band 
leader, three dollars and fifty cents; to each noncommissioned staff 
officer, first sergeant, company supply sergeant, and company mess 
sergeant, two dollars and fifty cents; to all other sergeants, two 
dollars and twenty-five cents; to corporals, two dollars and ten 
cents ; to company cooks, three dollars ; and to all other enlisted 
men, two dollars per day; provided, however, that there shall be 
deducted from the foregoing pay the amount of the ration and all 
pay received from the federal government while on such duty. 
There shall be paid to each company clerk, the sum of twenty- 
five dollars per year and to each field battery supply sergeant the 
sum of one hundred and eighty dollars per year ; to each troop sup- 



maneuvers. 



624 



Chapter 123. 



[1917 



Compensation 
when ordered out 
by governor for 
other duty than 
maneuvers. 



Courts-martial; 
classified; 
jurisdiction and 
powers. 



General courts- 
martial ; how 
convened : powers. 



Special courts- 
martial; how 
appointed; powers. 



Summary courts- 
martial; how ap- 
pointed; powers. 



ply sergeant and each signal company supply sergeant the sum of 
seventy-five dollars per year and to all other company supply ser- 
geants the sum of fifty dollars per year to be paid in equal quar- 
terly payments. 

Sect. 37. In the event that the national guard shall be ordered 
out by the governor for duty other than in the last preceding sec- 
tion, except for the annual federal inspection, the pay for attend- 
ance at which shall be fifty cents for each officer and enlisted man, 
there shall be paid to each commissioned officer and enlisted man 
the same base pay as in the last preceding section, except that the 
limitation of servdce of fifteen days shall not apply to such other 
duty, and provided, that there shall be deducted from such pay the 
actual cost of rations furnished during such service. The adjutant- 
general is authorized to furnish such mounts and forage therefor 
as may be required. 

Sect. 38. Courts-martial in the national guard shall be of three 
kinds, namely, general courts-martial, special courts-martial, and 
summary courts-martial. They shall be constituted in the same 
manner, have cognizance of the same subjects and possess the same 
powers, except as to punishments, as similar courts provided for 
by the laws and regulations governing the army of the United 
States, and the proceedings of courts-martial of the national guard 
shall follow the forms and modes of procedure prescribed for said 
similar courts. 

Sect. 39. General courts-martial may be convened by orders of 
the president of the United States or of the governor, and such 
courts shall have power to impose fines not exceeding two hundred 
dollars ; to sentence to forfeiture of pay and allowances ; to a repri- 
mand ; to dismissal or dishonorable discharge from the service ; to 
reduction of noncommissioned officers to the ranks; or any two or 
more of such punishments may be combined in the sentence imposed 
by such courts. 

Sect. 40. The commanding officer of each post, camp or other 
place, brigade, regiment, detached battalion or other detached com- 
mand, may appoint special courts-martial for his command ; but 
such special courts-martial may in any case be appointed by supe- 
rior authority when by the latter deemed desirable. Special courts- 
martial shall have the power to try any person subject to military 
law, except a commissioned officer, for any crime or ofi'ense made 
punishable by the military laws of the United States, and such spe- 
cial courts-martial shall have the same powers of punishment as 
general courts-martial, except that fines imposed by such courts 
shall not exceed one hundred dollars. 

Sect. 41. The commanding officer of each camp or other place, 
regiment or corps, detached battalion, company or other detachment 
of the national guard may appoint for such i)lace or command a 
summary court to consist of one officer who shall have power to 



1917] Chapter 123. 625 

administer oaths and to try the enlisted men of such place or com- 
mand for breaches of discipline and violations of laws governing 
such organizations; and said court, when satisfied of the guilt of 
such soldier, may impose fines not exceeding twenty-five dollars for 
any single offense ; may sentence noncommissioned officers to reduc- 
tion to the ranks; may sentence to forfeiture of pay and allowances. 
The proceedings of such courts shall be informal, and the minutes 
thereof shall be the same as prescribed for summary courts of the 
army of the United States. 

Sect. 42. All courts-martial of the national guard, including ah courts- 
summary courts, shall have power to sentence to confinement in lieu u/IentenTJ' t^Tcon- 
of fines authorized to be imposed, provided such sentences of con- gne^^LimUadon"^ 
finement shall not exceed one day for each dollar of fine authorized. ^^ period. 

Sect. 43. No sentence of dismissal from the service or dishonor- Dismissal and 

,,-,., . -,, ., -, ., dishonorable dis- 

able discharge imposed by a national guard court-martial, shall betharge, invalid 

, 1 ,•! 1 i"^ ii unless approved 

executed until approved by the governor. by the governor. 

Sect. 44. Presidents of courts-martial and summary court offi- Presidents of 
cers shall have power to issue warrants to arrest accused persons power toTssue 
and to bring them before the court for trial whenever such persons J:gg[^°'4poenas 
shall have disobeyed an order in writing from the convening ^^^- 'l^^^^-^^^^^^ior 
thority to appear before such court, a copy of the charge or charges contempt and 
having been delivered to the accused with such order, and to issue lection of fines; 
subpoenas and subpcena duces tecum and to enforce by attachment caVrjTng'out^ 
attendance of witnesses and the production of books and papers, f^p'^^^^^^^^^jj 
and to sentence for a refusal to be sworn or to answer as provided 
in actions before civil courts. The fines imposed by sentence of a 
court-martial or summary court shall be for the use of the state, 
and shall be collected by a warrant under the hand of the presi- 
dent or summary court officer, directed to a sheriff or other proper 
officer or indifferent person who shall collect them, with lawful 
costs, as on executions issued in actions founded upon a tort, and 
pay them to the state treasurer, except the costs of collections; and 
in all cases in which a fine and costs shall be imposed by a general 
or special court-martial, and the sentence of such court shall be 
approved, and its president shall die, or be discharged or promoted, 
without having issued a warrant for such fine or costs, the member 
of such court remaining next in rank to him shall issue such war- 
rant. When imprisonment is imposed by a sentence of a general 
or special court-martial, a mittimus shall be signed by the president 
of the court and addressed to a sheriff or other proper officer ; and 
in all cases, if the sentence of such court shall be approved and its 
president shall die, or be discharged or promoted, without having 
issued the mittimus for such confinement, the member of such court 
remaining next in rank to him shall issue such mittimus. Mitti- 
mus for imprisonment in a jail, under the provisions of this act, 
may be in the form prescribed by the adjutant-general. 



626 Chapter 123. [1917 

Commissioned Sect. 45. Any Commissioned officer is hereby qualified to admm- 

minfster™ aths in istcr the oaths required in this chapter. 

thiTrct*"^^ "°*^^^ Sect. 46. Witnesses may be summoned before courts-martial 
„., , , and they and the person serving the summonses shall receive the 

Witness fees, and ... 

fees for summon- fees prcscribcd in the superior court. Witnesses shall be subject 

ing, before courts- -^ ■, • f i -i-i-i 

martial, same as to the penalties lor uou-appearauce that are prescribed m the case 
Penaify'^for non- ' of witiicsses bcforc Said superior court, and depositions taken ac- 
summonr^'Depcrsi- cording to law may be used. The accused shall be entitled to sub- 
t-t*rd t'^'^tT*^*^ '^^ poenas for witnesses in his behalf whose fees shall be paid by the 
process for com- state. The president of the court is authorized at his discretion, 

pellins attendance. ^ , , , ^ ^ ^, ,. „ 

of witness. Em- lu any casc, to employ a stenographer to report the proceedings ot 
sten^^-apher by Said court, pay of whom shall be the same as those of stenographers 
teourts-martiai. employed ill the superior court. 

Courts-martial, Sect. 47. Officcrs in attendance at courts-martial, or as mem- 

ance"compensa- bcrs of any board, or on any other special duty directed by the ad- 
^^°^' jutant-general for which provision is not otherwise made, shall 

receive four dollars per day and their actual expenses. Such ex- 
penses shall be audited by, and vouchers therefor submitted to, the 
adjutant-general. 
Members of Sect. 48. No actiou or proceeding shall be prosecuted or main- 

e"empt™from''civii taincd against a member of a military court, or officer or person 
liability for ^^^ acting uiidcr its authority or reviewing its proceedings, on account 
process or rnan- of the appi'oval or imposition or execution of any sentence, or the 
ment's rendered, imposition or collcction of a fine or penalty, or the execution of any 

warrant, writ, process, or mandate of a military court. 
Burden of proof Sect. 49. The jurisdiction of the courts and boards established 
of courls-martiai! by this chapter shall be presumed, and the burden of proof shall 
rest on any person seeking to oust such courts or boards of jurisdic- 
tion in any action or proceeding. 
Riots and resist- Sect. 50. If any pcrsoii or persons resisting the laws of the 
!"? ^^'j- P''"?" , state or unlawfully or riotously assembled, shall be injured or killed 

in.iured or killed ' *' . . 

in, by member of by any of the national guard called out for service in such eases, 
engaged in service, evei'y member of the national guard so called out shall be dis- 
sn)irc]viiiy*or°" chargcd from all civil or criminal liability therefor. All active 
emptbn'fronf '^ members of the national guard shall, except for treason, felony, and 
arrest by civil brcach of the pcacc, be privileged from arrest and imprisonment bv 

authority of mem- . ^ . . • r> 

bf-rs of national civil authority while under orders in the active service of the state, 

duty or en route, froiii the date of the issuing of such orders to the time when such 

service shall cease, or while going to, remaining at, or returning 

from any place at which he may be required to attend military 

duty. 

Civil suits. Sect. 51. When a suit or proceeding shall be commenced in any 

officiaf a°c?The^°'^ court by any person against any officer of the militia for any act 

defendant entitled donc bv such officcr iu his official Capacity in the discharge of any 

to security for " i i . i • i- j ii 

oo.sts. Pleas in duty Under tins chapter, or against any person acting under the 
authority or order of any such officer, or by virtue of any warrant 
issued by him pursuant to law, the defendant may require the per- 



191TJ Chapter ]23. 627 

son prosecuting or instituting the suit or proceeding to file security 
for the payment of costs that may be awarded to the defendant 
therein, and the defendant in all cases may make a general denial 
and give the special matter in evidence. 

Sect. 52. The commanding officer of any portion of the active Miiitia, on parade 
militia, parading or performing any military duty in any street or "reSJnc^e^^n use 
highway, may require any or all persons in such street or highway excei)f ^T; what. 
to yield the right of way to such militia, provided the carriage of 
the United States mail, the legitimate functions of the police, and 
the progress and operations of the hospital ambulances and fire en- 
gines and fire departments shall not be interfered with thereby. 
All others who shall hinder, delay, or obstruct any portion of the 
active militia wherever parading or performing any military duty, 
or who shall attempt so to do, shall be guilty of a misdemeanor. 

Sect. 53. The commanding officer upon any occasion of duty commanding 
may place in arrest during the continuance thereof any person who o^er^'amp"'^"'''''" 
shall trespass upon the camp ground, parade ground, armory, or -rounds. 
other place devoted to such duty, or shall in any way or manner 
interrupt or molest the orderly discharge of duty by those 
under arms, or shall disturb or prevent the passage of troops 
going to or returning from duty. He may prohibit and pre- 
vent the sale of all spirituous liquors, wine, ale, or beer, the 
holding of huckster or auction sales and all gambling within the 
limits of the post, camp ground, place of encampment, parade or 
drill under his command, or within such limits, not exceeding one 
mile therefrom, as he may prescribe. And he may, in his discre- 
tion, abate as common nuisances all such sales. 

Sect. 54. All matters relating to the organization, discipline, Federal army reg 
and government of the National Guard of New Hampshire, not "s**""" aii" mltLrs 
otherwise provided for in this chapter or in the general regulations, '^^ N^'n^not^"*'^'* 
shall be decided by the custom and usage of the United States herein provided, 
army. 

Sect. 55. The reports and communications of all officers and privileged com 
members of the national guard in the line of their military duty "ep^rtf and' com- 
addressed to their superiors shall be privileged communications and;^^>^";«f^°°/^f^ 
shall not be competent evidence against the writer in any civil ori'ers. to their 

^ n 1 • 1 • • superiors, HOt to 

criminal action in the courts of this state, and in case any action be used as evi 
shall be brought against any officer or member of the national |-ri^fn!u p7oce°ed 
guard because of such reports or communications, it shall be the ^"^^^^^^'^Jfj*;; ^,. 
duty of the judge advocate or the attorney-general, or both of them, '^™;7„'^^"„«^\ ^f 
at the direction of the governor, to appear in behalf of said officer such communica 
or member of the national guard and defend said action without 

cost to him. 

Sect. 56. There shall be a national guard reserve which shall xationai guard 
consist of such officers and enlisted men as have been transferred nXT'how"' 
and furloughed, respectively, from the active organizations of the 'ecruited. 
national guard. 



628 Chapter 123. [1917 

National guard Sect, 57. Except in time of war, the national guard reserve 

enifstmentrnot to shall not be Organized into tactical or other units, except for tem- 
appiyto. porary purposes during field or coast defense training, and enlist- 

ments shall not be made for the national guard reserve. 
Surplus officers Sect. 58. Officers of the national guard rendered surplus by 
?eserve°°notTo^bt the disbaudmeut of their organizations, if not assigned to active or- 
n"^oMr|uard gauizatious, shall be transferred to the national guard reserve. 
reserve. Excep- Exccpt in time of war, officers may, upon their own application, 
be transferred to the national guard reserve, after completing three 
years' service with an active organization. Officers of less than 
three years' service with an active organization shall not be trans- 
ferred to the national guard reserve, except in cases where the 
active organizations to which they belong have been disbanded. 
Officers of Sect. 59. Officcrs of the national guard reserve may, upon their 

^J'serve^, fp^inted own request and in the discretion of the governor, or by order of 
actwe*^ MganTza- the govcmor, be appointed to vacancies in the active organizations 
tion, how. with the rank held by them as reserve officers. 

National guard Sect. 60. All the officcrs and enlisted men of the national 

federal'' reguia^ ° guard rcscrve shall be subject to the laws, rules and regulations 
*"^°^- of the United States relating to the national guard reserve so long 

as such laws, rules and regulations remain in force and so long as 
the national guard of this state receives aid and support from the 
United States, and they shall, at all times, be subject to the regula- 
tions governing national guard reserve approved by the governor. 
Officers of Sect. 61. When an officer of the New Hampshire National 

reserve, placed on Guard, in good Standing, has served ten years as officer and soldier, 
Present relieved"' activc Or rcscrvc, Or both, of which he shall have served not less 
hst not affected, ^j^^n three years as a commissioned officer, he may, if he make 
application therefor to the governor, be retired from active service 
and placed upon the retired list. Officers now upon the retired 
list of the New Hampshire National Guard are retained thereon and 
shall not be affected by this act. 
Officers on retired Sect. 62. Officers ou the retired list shall serve thereon with- 
out p°ayrwHiv' out pay ; they shall be withdrawn from command and from line of 
comm"andTnd promotiou ; they shall continue to be borne on the register of the 
promoticm, but military forces of the state, and shall be entitled to wear the uni- 

retained on the • . . 

register, may be fomi of the rank ou wliich tlicv may be retn'ed. They may, with 
duty, ^vhen'! "^ "^^^ their consent, be detailed from the retired list and placed upon 
active duty at any time when ordered by the governor, and when 
on such duty they shall be entitled to the pay and allowances of 
officers of a similar grade on the active list. 
Specific repealing Sect. 63. Chapter 102 of the session Laws of 1909. chapters 
rS.' ^'""^' 90 and 119 of the session Laws of 1911, chapters 34, 35 and 209 
of the session Laws of 1913, chapters 16 and 43 of the session Laws 
of 1915 and all other acts and parts of acts inconsistent herewith 
are hereby repealed. 
Takes effect on Sect. 64. This act shall take effect upon its passage. 

passage. 

[Approved April 5, 1917.] 



191''] Chapter 124. 629 

CHAPTER 124. 

AN ACT IN AMENDMENT OF SECTIONS 4 AND 5 OF CHAPTER 65 OF THE 
PUBLIC STATUTES AND ALL AMENDMENTS THEREOF AND RELATING TO 
THE TAXATION OF SAVINGS BANKS. 

Section Section 

1. Banks, companies, and associations 2. Every such corporation, except 



to file with state treasurer, annu- 
ally, on or before May 1, state- 
ment of deposits, etc. 



building and loan associations, to 
pay annual state tax on October 1 
of % of 1% on certain assets; 
and 1% on others. 



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

Section 1. Amend section 4, chapter 65 of the Public Statutes, Banks, companies, 
as amended by section 1, chapter 108, Laws of 1895, section 1, chap- ^re\vkh1?lir' "" 
ter 82, Laws of 1901, section 1, chapter 102, Laws of 1907, section '3';[;^^^;^;/;^j"^"j.-g 
1, chapter 112, Laws of 1913, and section 1, chapter 83, Laws of May i, statement 

-in-ir 1 j^ -1 • , ,1 J- • -1 • • . , 1 "' deposits, etc. 

1915, by striking out the entire section and inserting in place there- 
of a new section to read as follows: Sect. 4. The treasurer of 
every savings bank, trust company, loan and trust company, loan 
and banking company, building and loan association and other sim- 
ilar corporation organized under the laws of this state shall, on or 
before the first day of May in each year, transmit to the state treas- 
urer, upon blanks to be furnished by him, a statement, under oath, 
of the following facts as they existed on the first day of April in 
such year : 

The amount of all savings and special deposits on which the cor- 
poration pays interest and of its capital stock belonging to residents 
of each town in the state, including all dividends that have been 
declared thereon and not paid ; the value of the interest of such 
residents in all the real estate of the corporation wherever situated, 
and all the loans of the corporation secured by mortgage upon real 
estate situated in this state, made at a rate not exceeding five per 
cent, per annum, and the amount invested in the bonds and notes 
of this state or any of the counties, municipalities, school districts 
and village precincts of this state, provided such bonds and notes 
bear interest at a rate not exceeding five per cent, per annum, 
and the amount invested in United States bonds, and in the bonds 
issued under the provisions of the federal farm loan act, if it were 
divided proportionately among all depositors of the corporation ; 
the difference between the two sums for each town; and the same 
facts in relation to depositors and stockholders who do not reside 
in the state or whose residence is unknown. 

Sect. 2. Amend section 5. chapter 65 of the Public Statutes, as Every such cor- 
inserted by section 2. chapter 194. Laws of 1911, and amended by S"n^' a'nd'i'oan 
section 1, chapter 112, Laws of 1913, and by section 1, chapter .83, ^f;'=';'^°°J„;°t^ 

13 



630 



Chapter 125. 



11917 



tax on October 1 Laws of 1915, by Striking out the entire section and inserting in 
certain" asse'ts"'^ place thereof a new section to read as follows : Sect. 5. Every 
and 1% on others, g^gjj Corporation, except building and loan associations, organized 
under the provisions of the Public Statutes, shall pay to the state 
treasurer annually, on the first day of October, an excise tax for 
the privilege of conducting the business of a savings bank or other 
such corporation, equal in amount to three-fourths of one per cent. 
< upon the amount of the savings deposits on which it pays interest, 

after deducting the value of all its real estate wherever situated 
and the value of all its loans secured by mortgage upon real estate 
situated in this state made at a rate not exceeding five per cent, 
per annum; and the amount invested in bonds or notes of this 
state or any of the counties, municipalities, school districts or village 
precincts of this state, provided such bonds and notes bear interest 
at a rate not exceeding five per cent, per annum, and the amount 
invested in United States bonds and in the bonds issued under the 
provisions of the federal farm loan act ; and every guaranty savings 
bank, trust company, loan and trust company, loan and banking 
company, and all other similar corporations, except building and 
loan associations, shall in addition pay a further excise tax for the 
privilege of conducting such business, equal in amount to one per 
cent, annually upon its special deposits or capital stock, after de- 
ducting the value of all real estate owned by the corporation and 
not already deducted from the amount of its general deposits as 
hereinbefore provided. 

[Approved April 10, 1917.] 



CHAPTER 125. 



AN ACT RELATING TO HARVESTING ICE ON PUBLIC WATERS. 



Markers to be 
maintained over 
area to be cut. 



Section 

1. Markers to be maintained over area 

to be cut. 

2. Act not to apply to ponds or areas 

set off by the fish and game com- 
missioner. 



Section 

3. Penalty. 

4. Repealing clause: 

passage. 



takes effect on 



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

Section 1. That hereafter any person or corporation harvesting 
ice upon any of the public waters of this state shall mark with suit- 
able markers the area from which ice is to be taken at beginning 
of harvest, and shall maintain sudi markers as long as any danger 
exists. 



1917 



Chapter 126. 



631 



Sect. 2. This act shall not apply to ponds closed or areas set Act not to apply 
off by order of the fish and game commission under authority oillt^TaV/thTLb 
chapter 74, Laws of 1909, and amendments thereto ^'^^ .^^™« <='"° 

Q, r) A missioner. 

bECT. 6. Any person or any agent of any firm, company or penalty 
corporation violating the provisions of this act shall be fined one 
hundred dollars for each offense, or be imprisoned not exceeding 
ninety days, or both. 

Sect. 4. All acts and parts of acts inconsistent with this act are Repealing clause; 
hereby repealed, and this act shall take effect upon its passage. '^''^^ ^^^'^^ <»" 

[Approved April 10, 1917.] 



CHAPTER 126. 

AN ACT TO PREVENT THE POLLUTION OF THE ELLIS AND W^ILDCAT RIVERS 
AND THEIR TRIBUTARIES. 



Section 

1. Local boards of health in towns on 
Ellis and Wildcat rivers to prevent 
pollution by sewage. 



Section 

2. Penalty. 

3. Takes effect on passage. 



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



Section 1. It shall be the duty of the local boards of health to Local boards of 
inspect the cesspools or other systems of sewage at least once each |^*;'g*'^J^^*°^?,^J'J^ 
year, and if any such cesspools or other svstems of sewage be deemed divers to prevent 

1 •!! Toiii n * • , «i pollution by sew- 

by said Uoards or health to pollute or contaminate the waters of the age. 

Ellis or Wildcat rivers, or their tributaries, in such manner as to 
affect their purity for domestic purposes, the said boards of health 
shall cause the owners of such cesspools or other systems of sewage 
so deemed to pollute or contaminate said waters to alter or con- 
struct the same under the supervision and in accordance with the 
regulations of the state board of health. 

Sect. 2. Whoever violates any of the provisions of this act Penalty. 
shall be deemed to be guilty of a misdemeanor, and shall be pun- 
ished by a fine of not more than one hundred (100) dollars, or by 
imprisonment not exceeding one month. 

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



passage. 



[Approred April 10, 1917.] 



632 



Chapter 127. 



[1917 



CHAPTER 127. 



AN ACT TO PROVIDE FOR THE REGISTRATION OP PUBLIC ACCOUNTANTS. 



Section 

1. Bank commissioners to register and 

certify public accountants. 

2. Examinations, regulation of. 

3. Candidates passing examination to 

be certified. No one not certified 
to use the title. 
Certificate as "Public accountant for 
banks," how obtained; such come 
within sec. 20, ch. 165, P. S. 



4. 



Section 

5. Revocation or suspension of certifi- 

cate, regulated. 

6. Certified accountant practicing as 

such in another state for three 
years, may be certified here with- 
out examination, in the discretion 
of the commissioners. 

7. Expenses incurred to be paid from 

fees received under this act. 



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



Examinations, 
regulation of. 



Bank commission- SECTION 1. The bank couimissioners shall have charge of the 

and ^ce/tify^ public registration of public accountants, shall make such rules as are 

accountants. necessary to carry out the provisions of this act, and shall keep 

a record of all certificates issued thereunder, a duplicate of which 

shall be open to inspection in the office of the secretary of state. 

Sect. 2. Examinations shall be held as often as may be deemed 
necessary in the judgment of said commissioners, but not less fre- 
quently than once in each year if there be applicants. Said exami- 
nations shall be given by one or more examiners appointed by said 
commissioners, and such examiner shall be skilled in the art of 
accounting and shall have previously been engaged in the prac- 
tice of public accounting. Said examinations shall include the 
subjects of theory of accounts, practical accounting, auditing, com- 
mercial law as affecting accountancy, and such other subjects as 
said commissioners may deem necessary. Said examinations shall 
be open to any citizen of the United States, or person who has in 
good faith declared his intention of becoming such citizen, being 
over the age of twenty-one years, of good moral character, who shall 
have a general education equivalent to a public high school course 
of recognized good standing, who shall have had at least four years' 
accounting experience or instruction, who shall have paid to said 
commissioners a fee of fifteen (15) dollars. If the applicant fails 
to pass the examination, he shall, without an additional fee. be en- 
titled to take another examination at any time at which there are 
other applicants to be examined. 

Sect. 3. Any such person who shall have successfully passed 
said examination shall be registered as a public accountant and 
shall receive a certificate thereof. Any persons registered under 
the provisions of this act shall be entitled to style themselves certi- 
fied public accountants, and no other person shall assume such title 
or use any abbreviation thereof, or any other words, letters or ab- 



Candidates pass- 
ing examination 
to be certified. 
No one not cer- 
tified to use the 
title. 



1917] Chapter 127. 633 

breviations to indicate that the person so using the same is a certi- 
fied public accountant registered under the provisions of this act. 

Sect. 4. Any applicant for examination under this act may certificate as 
elect to be examined in such of said subjects as relate to savings Z^^£^ bSr^ 
banks and trust companies. Upon passing such examination suc-^°T obtained;' 

i? 11 1 1 11 1 • . T , ,. « s^ch come within 

cesstully he shall be registered as a public accountant for banks and sec. 20, ch. les, 
shall receive a certificate thereof. Any persons registered under 
the provisions of this section shall be entitled to style themselves 
certified public accountants for banks; and no other person shall 
assume such title or use any abbreviation thereof, or any other 
words, letters or abbreviations to indicate that the person so using 
the same is a certified public accountant for banks registered under 
the provisions of this act. Such accountants shall be deemed certi- 
fied public accountants within the meaning of section 20 of chapter 
165 of the Public Statutes and amendments thereof. 

Sect. 5. Said commissioners shall have power, after notice and Revocation or 
hearing, to suspend or revoke for good cause any certificate issued tific^tef'^r^guiatld! 
by them. Any person who falsely represents himself as having 
received a certificate under the provisions of this act, or who shall 
continue to practice thereunder after the revocation of such certifi- 
cate shall be deemed guilty of a misdemeanor, and shall be pun- 
ished by a fine not exceeding five hundred dollars, or by imprison- 
ment for a term not exceeding six months, or by both such fine and 
imprisonment. Should any accountant certified under this act be 
convicted of gross negligence or of wilfully falsifying a report, he 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine not exceeding five hundred dol- 
lars, or by imprisonment for a term not exceeding six months, or 
by both such fine and imprisonment. 

Sect. 6. Any citizen of the United States who has practiced Certified account- 
three years as a certified public accountant in another state under such^'^n*^ ano^er^ 
a certificate issued by the proper authorities of such state, may, j4aM/°^a*y'b| 
upon payment of the required fee, receive a certificate to practice ^^^^^^^^ exlmi 
in this state without an examination, provided the requirements t'on, in the dis- 

, . . p ii 1 1 • • (.11 cretion of the 

m such state are, in the opinion or the bank commissioners, lully commissioners, 
equivalent to those herein provided. 

Sect. 7. All expenses incurred under this act shall be paid from Expenses incurred 

,, „ • T (« -J.* to be paid from 

the fees received from examinations. fees received 

under this act. 

[Approved April 10, 1917.] 



634 



Chapter 128. 
CHAPTER 128. 



[1917 



AN ACT IN AMENDMENT OF CHAPTER 125 OP THE LAWS OF 1909 AS 
AMENDED BY CHAPTER 168 OF THE LAWS OF 1915, ENTITLED "aN 
ACT IN RELATION TO DIVIDENDS OF SAVINGS BANKS.'' 



Section 

1. Savings banks not to pay over 3%% 
per annum except in certain cases. 
Value of assets, how determined. 



Section 

2. Takes effect on passage. 



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

Savings banks not SECTION 1. That section 1, chapter 125, Laws of 1909, as 
p'er' annum excepl amended by section 1, chapter 168, Laws of 1915, be amended by 
vaiu^e^orass^eTs! Striking out all of said section and substituting therefor the fol- 
how determined, lowing: SECTION 1. After providing for the requirements of the 
guaranty fund, savings banks and savings departments of trust 
companies may pay dividends from their net income, but not in 
excess of three and one-half per cent, per annum, unless the total 
value of the assets of such savings bank or savings department, as 
determined by the bank commissioners, shall exceed the amount 
due the depositors by at least five per cent. ; nor shall such savings 
bank or savings department declare in any one year dividends ex- 
ceeding in amount the net income actually collected by said bank 
during the year, after providing for the requirements of the guar- 
anty fund. In determining the value of the assets of the savings 
department of a trust company, the assets in the general banking 
department of such company, to the extent that the same shall ex- 
ceed in value the amount of deposits of whatever character in such 
department by five per cent., shall be deemed assets of such savings 
department. 
Takes effect on Sect. 2. This act shall take effect upon its passage. 

passage. 



[Approved April 10, 1917.] 



1917 



Chapter 129. 
CHAPTER 129. 



635 



AN ACT RELATING TO MUNICIPAL FINANCES, AND TO AMEND CHAPTER 43, 
SESSION LAWS OF 1895 AUTHORIZING MUNICIPAL CORPORATIONS TO 
ISSUE BONDS. 



5. 



B. 



Section 

7. Municipal indebtedness, classified 

and limited. Exceptions. Assets 
and liabilities, how determined. 
Legality of existing debts not af- 
fected. 

8. Town budgets to be posted with war- 

rant, and printed in town report 

at least one week before town 

meeting. 
Fiscal year of town to end January 

31st. 
Certain statutes specifically repealed. 
General repealing clause. 
Takes effect on passage. 



9. 

10. 
11. 
12. 



Section 

1. Sinking funds not to be established 

hereafter by municipalities or 
counties, but those now existing 
may be continued when and how. 

2. Municipal debts to be met, how. 

3. Municipalities and counties not to 

issue notes payable on demand. 

4. Outstanding demand notes of mu- 

nicipalities, and trust funds that 

have been spent and not restored, 

to be paid how. 
Municipalities and counties not to 

incur debt for certain purposes, 

except by prescribed method. This 

not to repeal sec. 6, ch. 28, P. S. 
Municipal and county buildings and 

permanent public improvements, 

etc., may be paid for by money 

raised on serial notes or bonds, 

payable within 20 years. 

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

Section 1. Sinking funds for the payment of debt shall not sinking funds not 
hereafter be established by any municipality or county in this {fg j-eaftCT^by'^****^ 
state, but every municipality and county shall make such ann^^al ™ ^°'j"gP*^^*^j^^jj^gg 
contributions to every sinking fund heretofore established and fully now existing may 

-11- 1 n 1 /v. • -11 1 • , *' be continued 

maintained by it as shall be sumcient with the accumulations there- when and how. 
of to extinguish the debt on account of which said fund was estab- 
lished at maturity. The amount of the contribution shall with- 
out vote of the municipality or county be annually assessed and 
collected until the debt to be paid is extinguished. Sinking funds 
shall be invested only by deposit in savings banks in this state or 
in state, county or municipal bonds. Every municipality or county 
which has failed to establish sinking funds as heretofore required 
by law, or which has failed to make adequate contributions to sink- 
ing funds already established shall refund its outstanding indebt- 
edness by the issue of bonds payable serially in the manner provided 
in section 2 of this act. 

Sect. 2. Municipalities and counties shall hereafter provide Municipal debts to 
for the payment of all debts, except temporary loans in anticipation ^ ™®*' °'^' 
of taxes made as provided by law, in annual payments so that the 
amount of the annual payment in any year on account of any debt 
shall not be less than the amount of the principal payable in any 
subsequent year. The total amount of such payments shall be suf- 



636 



Chapter 129. 



[1917 



Municipalities 
and counties not 
to issue notes pay 
able on demand. 

Outstanding de- 
mand notes of 
municipalities, 
and trust funds 
that have been 
spent and not re- 
stored, to be paid 
how. 



Municipalities 
and counties not 
to incur debt for 
certain purposes, 
except by pre- 
scribed method. 
This not to repeal 
sec. 6, ch. 28, 
Public Statutes. 
Municipal and 
county buildings 
and permanent 
public improve- 
ments, etc., may 
be paid for by 
money raised on 
serial notes or 
bonds, payable 
within 20 years. 



Municipal indebt- 
edness, classified 
and limited. Ex- 
ceptions. Assets 
and liabilities, 
how determined. 
Legality of exist- 
ing debts not 
affected. 



ficient to extinguish the entire debt on account of which they are 
made at maturity, and the first payment shall be made not later 
than two years after the date of the bonds or notes issued there- 
for. The amount of each payment of principal, together with the 
interest on all debts shall, without vote of the municipality or 
county, be annually assessed and collected. 

Sect. 3. Municipalities and counties shall not hereafter issue 
notes payable on demand. 

Sect. 4. Every municipality which has, at the time when this 
act takes effect, outstanding notes payable on demand, or which 
has used the principal of trust funds and has not restored the same, 
may provide for the payment of such notes and for the restoration 
of such trust funds, in whole or in part, in the tax levy of 1918, 
and shall borrow not exceeding in the aggregate the amount, if any, 
required for paying the balance of such notes and restoring the 
balance of such trust funds, and issue bonds or notes therefor pay- 
able serially, in the manner provided in section 2 of this act, cover- 
ing a period of not exceeding fifteen years from the date of issue. 
With money so provided said demand notes shall be paid and said 
trust funds restored in 1918. 

Sect. 5. Municipalities and counties shall not incur debt to 
provide for tlie payment of current maintenance and operation 
expenses except loans in anticipation of taxes as authorized by law, 
but nothing contained in this section shall be construed to repeal 
section 6 of chapter 28 of the Public Statutes. 

Sect. 6. Every municipality and county, for the construction 
and purchase of buildings and public improvements of a perma- 
nent nature, for the acquisition of land, for the purchase of depart- 
mental equipment of a lasting character, and for the payment of 
judgments, may issue the bonds or notes of such corporation, which 
shall be payable serially in the manner provided in section 2 of this 
act covering a period of not exceeding twenty years from the date 
of their issue. The debt evidenced by bonds and notes of munici- 
palities and counties shall not be refunded except as provided in 
sections 1 and 4 of this act. 

Sect. 7. Counties, cities and towns shall not incur debt to an 
amount exceeding three per cent. ; school districts shall not incur 
debt to an amount exceeding two per cent. ; and precincts shall not 
incur debt to an amount exceeding one per cent, of tlieir last as- 
sessed valuation; provided, howcvrr, that loans in anticipation of 
taxes, as now authorized by law, may be made, and debts for sup- 
plying the inhabitants with water may be incurred outside of the 
limit of indebtedness. Whenever several municipal corporations 
possessing power to incur debt are identical with the town itself or 
cover or extend over identical territory or portions thereof, the 
town embracing such municipal corporations in one entity, and 
each of such municipal corporations shall so exercise this power to 



1917] Chapter 129. 637 

increase its debt under the foregoing limitations that the aggre- 
gate debt of the town and of its municipal corporations over and 
upon any territory of this state shall not exceed six per cent, of 
the assessed valuation of the taxable property therein. In ascer- 
taining the net debt of municipalities and counties sinking funds 
and cash applicable solely to the payment of the principal of their 
debt incurred within the debt limit shall be deducted. Nothing 
contained in this section shall be construed to abrogate or repeal 
the provisions of sections 1 and 4 of this act. Municipalities which 
have, at the time this act takes effect, outstanding indebtedness 
equal to three per cent, of their last assessed valuation shall not 
incur additional indebtedness until such outstanding debt shall be 
brought within the debt limit, except as provided above. The 
legality of debts heretofore contracted or authorized shall not be 
affected by this act, and this act shall not apply in time of war to 
debts contracted for war purposes. 

Sect. 8. Immediately upon the close of the fiscal year the Town budgets to 
budget committee in towns Avhere such committees exist, otherwise ^^ar^an^^ a^Jj'*^ 
the selectmen, shall prepare a budget on blanks prescribed by the PJ^^*^'i^j"jg*Og^° 
tax commission. Such budget shall be posted with the town war- one week before 

,,,, .,., , ,, town meeting. 

rant and shall be printed in the town report at least one week be- 
fore date of the town meeting. 

Sect. 9. The fiscal year of towns, village precincts and depart- Fiscal year of 
ments thereof, excepting school districts, shall end on the thirty- January ^3°ist. 
first day of January. 

Sect. 10. Sections 2 and 9, chapter 43, session Laws of 1895 ; Certain statutes 
section 17 of chapter 40 of the Public Statutes ; section 49, chapter repealed. 
43 of the Public Statutes, and section 1, chapter 291, session Laws 
of 1913, are hereby repealed. 

Sect. 11. All acts and parts of acts inconsistent with this act General repealing 
are hereby repealed. 

Sect. 12. This act shall take effect upon its passage. Takes effect on 

passage. 

[Approved April 10, 1917.] 



638 



Chapters 130, 131. 
CHAPTER 130. 



[1917 



AN ACT RELATING TO PENALTIES FOR LOTTERIES AND GAMBLING. 



Section 

1. Penalty for violating sections 1, 2, 3, 
5, 6, 7 or 11 of chapter 270, Pub- 
lic Statutes. 



Section 

2. Repealing clause; 
passage. 



takes effect on 



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

Penalty for vio- SECTION 1. Any person who shall violate any of the provisions 
2* sl^sf^e. '7°or 11 of sections 1, 2, 3, 5, 6, 7 or 11 of chapter 270 of the Public Stat- 
PubHc^sTatltes. utcs shall be punished by a fine of not more than one hundred 

dollars or imprisonment for not more than one year or by both 

such fine and imprisonment. 
clause; Sect. 2. All acts or parts of acts inconsistent with this act are 

hereby repealed, and this act shall take effect upon its passage. 



Repealing 
takes effect on 
passage. 



[Approved April 10, 1917.] 



CHAPTER 131. 



AN ACT RELATING TO SUITS ON NOTES SECURED BY MORTGAGE. 



Section 

1. Note secured by mortgage may be 
sued on without affecting mort- 
gage as security ; and suit to fore- 
close may also be maintained at 
the same time. 



Section 

2. Takes effect on passage. 



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

Note secured by SECTION 1. Any pcrson Avho holds a note secured by a mort- 
Tu^ed^orSout'' gage, or partially secured by a mortgage, shall have the right to 
af'^stcu?it™°'^lnT*' bring suit upon the note without losing his security upon the mort- 
suit to foreclose gaged property, and a suit upon the note, and a suit to foreclose 

may also be main- ° "= . i. j- i. .li, x- 

taired at the same the mortgage may be pending at the same time. 

tXs effect on ^ECT. 2. This act shall take effect upon its passage. 

passage. 

[Approved April 10, 1917.] 



1917 



Chapters 132, 133. 
CHAPTER 132. 



639 



AN ACT AUTHORIZING AN APPRAISAL OF NEW CASTLE BRIDGE CORPORA- 
TION TOLL BRIDGES. 



Section 

1. State highway commissioner to cause 
the bridges to be appraised before 
December 31, 1918, and report to 
legislature of 1919. 



Section 

2. Repealing clause; 
passage. 



takes effect on 



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



The state highway commissioner shall, prior to De- state highway 

•=> " ' •■ commissioner to 



Section 1. 
cember 31, 1918, examine or cause to be examined and set a value cause' the bridges 



on the bridges owned by the New Castle Bridge Corporation con- b'^efore^D^cember 
necting the town of Newcastle and the city of Portsmouth and J^;.j.^^^^^i'g*i"gfj^[^;g 
shall make a report to the legislature of 1919. <** i^^^- 

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, passage. 

[Approved April 10, 1917.] 



CHAPTER 133. 



AN ACT RELATING TO TUBERCULOSIS. 

Section 1. State board of health to investigate prevalence of tuberculosis, and report 
to legislature of 1919. Expenses, how met. 

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

Section 1. The state board of health is hereby authorized to state board of 
investigate the extent, prevalence and distribution of tuberculosis gate prevalence of 
in New Hampshire; to ascertain what provisions exist and what reporrto^Yegisia* 
are required better to provide for indigent cases; what sanatoria *^^^°^ggi^j^^^ 
and hospitals receive tuberculosis cases for treatment, and which met. 
do not, and to ascertain any other facts having a bearing upon the 
restriction and prevention of tuberculosis, and to report the facts 
with the conclusions and recommendations of the board to the leg- 
islature of 1919, and the governor is hereby authorized to draw 
his warrant for the actual reasonable expenses incident to the car- 
rying out of the provisions of this act. 

[Approved April 10, 1917.] 



640 



Chapter 134. 
CHAPTER 134. 



[1917 



AN ACT ESTABLISHING A JEWELERS' REPAIR LIEN LAW. 



Jeweler, etc., to 
have lien on 
article repaired ; 
how enforced. 



Section 

1. Jeweler, etc., to have lien on article 
repaired; how enforced. 



Section 

2. Takes effect on passage. 



Takes effect on 
passage. 



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

Section 1. Every jeweler, watchmaker or silversmith who shall 
alter, repair or do any work on any article of personal property at 
the request of the owner or legal possessor of such property, shall 
have a lien upon and may retain the possession of any such article 
until the charges for such alteration, repairing or other work has 
been paid. If such debt remains unpaid for twelve months or 
more any such jeweler, watchmaker or silversmith may sell such 
article at private or public sale, and the proceeds, after first pay- 
ing the expense of sale, shall be applied in payment of the debt, 
the balance, if any, to be paid over to the county treasurer of the 
county where the sale is held, in trust for the debtor. Before any 
such sale is held notice in writing must be given the debtor of the 
amount due and the time and place of sale. If the debtor's resi- 
dence is known such notice must be mailed to his last known 
street address. If the debtor's address is unknown such notice 
must be given by the posting thereof in the county court house or 
the city, village or town hall, where the jeweler, watchmaker or sil- 
versmith resides. 

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



[Approved April 10, 1917.] 



1917 



Chapters 135, 136. 
CHAPTER 135. 



641 



AN ACT TO ALLOW THE CITY OF DOVER TO ACQUIRE LAND FOR AN 

ARMORY. 



Section 

1. Dover may donate land to the state 
for an armory. 



Section 

2. Repealing clause; 



takes effect on 



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

Section 1. The city councils of the city of Dover are hereby Dover may 
authorized and empowered to donate a suitable site from lands the 'stltlT for *an 
or lands and buildings now owned, or that may be acquired, either armory. 
by gift or purchase, by said city of Dover, to the state of New 
Hampshire, to be used for a site for an armory to be erected by the 
state of New Hampshire at said Dover. 

Sect. 2. All acts and parts of acts inconsistent with the provi- Repealing cianse; 
sions of this act are hereby repealed and this act shall take effect passage, 
upon its passage. 

[Approved April 10, 1917.] 



CHAPTER 136. 

an act to amend section 5 OF CHAPTER 212 OF THE PUBLIC STAT- 
UTES, RELATING TO SHERIFFS, CORONERS AND CONSTABLES. 

Section 1, Constables may serve civil process, where amount demanded does not 

exceed $75. 

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

Section 1. Amend said section by striking out the words " thir- Constables may 

■ s6rvG civil procGSSi 

teen dollars and thirty-three cents" in the third line and inserting where amount 
in place thereof the words seventy-five dollars, so that said section no™ exceed $75. 
as amended shall read as follows : Sect. 5. Constables shall serve 
and return writs and other civil precepts to them directed, wherein 
the amount demanded in damages does not exceed seventy-five dol- 
lars, and no others, and shall have similar powers and be subject 
to similar liabilities in relation thereto as sheriffs. 



[Approved April 10, 1917.] 



642 



Chapters 137, 138. 
CHAPTER 137. 



[1917 



AN ACT TO AUTHORIZE THE ADJUTANT-GENERAL TO INSURE PROPERTY 
OF THE UNITED STATES WHILE IN THE POSSESSION OF THE STATE 
FOR THE USE OF THE MILITIA. 



Discretionary 
power vested. 



Expense, how met. 



Takes effect on 
passage. 



Section 

1. Discretionary power vested. 

2. Expense, how met. 



Section 

3. Takes effect on passage. 



Be it enacted by the Senate a?id House of Representatives in 
General Court convened: 

Section 1. The adjutant -general is authorized to effect such 
insurance upon property of the United States, in the hands of the 
state for the use of the national guard, as he may deem advisable. 

Sect. 2. The governor, with the advice and consent of the coun- 
cil, is hereby authorized to draw his warrant upon any money in 
the treasury available for military purposes, or not otherwise ap- 
propriated, for such sums as may be necessary to carry out the pro- 
visions of this act. 

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

[Approved April 10, 1917.] 



CHAPTER 138. 

AN ACT IN amendment OF SECTION 13 OP CHAPTER 219 OP THE PUBLIC 
STATUTES RELATING TO THE SERVICE OF LEGAL PROCESS. 



Section l. Service of process on unincorporated associations, joint stock companies, 
syndicates, orders, mutual associations, and copartnerships having more than 
four members, how made. 

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

Service of process SECTION 1. Amend scctiou 13 of chapter 219 of the Public 
asso^ciarion's'^'ioin'! Statutes bv adding at the end thereof the following: Service of 
stn^dicat^'^Xders writs or Other process against unincorporated associations, joint 
mutual a8soci.i stock compauics, Syndicates, orders or anv mutual association of 

tions, and copart- , i j i • i •' i.i £ 

nerships having pcrsous, othcr than a co-partnership having not more than tour 
members, within this state, may, except when otherwise provided, 
be made upon any officer thereof; or if it have no officer, then 
upon any two members thereof, so that said section as amended 
shall read as follows: Sect. 13. Service of writs against other 
corporations may be made upon the clerk, treasurer, cashier, or 



more than four 
members, how 
made. 



1917] 



Chapter 139, 



643 



one of the directors, trustees, or managers, if any in the state; 
otherwise upon any principal member or stockholder, or upon any 
agent, overseer, or other person having the care of any of the prop- 
erty or charge of any of the business of the corporation. Service 
of writs or other process against unincorporated associations, joint 
stock companies, syndicates, orders or any mutual association of 
persons, other than a co-partnership having not more than four 
members, within this state, may, except when otherwise provided, 
be made upon any officer thereof ; or if it have no officer, then upon 
any two members thereof. 

[Approved April 10, 1917.] 



CHAPTER 139. 

AN ACT IN AMENDMENT OF CHAPTER 189 OF THE PUBLIC STATUTES 
RELATING TO INVENTORY AND ACCOUNTS OF ADMINISTRATORS. 



Sbction 

1. Wearing apparel, ornaments, etc., 
not to be regarded as assets. Dis- 
position of same. 



Section 

2. Repealing clause; takes effect on 
passage. 



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

Section 1. Chapter 189 of the Public Statutes is hereby wearing apparei, 
amended by striking out the whole of section 3 of said chapter regaled ^a 
and inserting in place thereof the following: Sect. 3. The wear- ^r^l'^e^'^P"''"^" 
ing apparel of the widow and her ornaments, according to the 
estate of her husband, and the wearing apparel. Bibles, and school- 
books of the minor children, are their property, and shall not be 
regarded as assets, or be the subject of bequest by the husband. 
The wearing apparel. Bibles, family pictures, photographs, post- 
cards, postcard or other albums, and any other personal trinkets of 
sentimental rather than intrinsic value belonging to the deceased 
leaving a widow, husband, children or heirs surviving, shall not 
be inventoried or accounted for, but shall be delivered by the ad- 
ministrator to the surviving husband or wife, if any, otherwise shall 
be divided by him among the children or, if there are no surviving 
children, among the heirs ; but the same may be otherwise disposed 
of by will. 

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



ause; 
takes effect on 
passage. 



[Approved April 10, 1917.] 



644 



Chapter 140. 
CHAPTER ]40. 



1917 



AN ACT RELATING TO THE APPOINTMENT OF REFEREES FOR THE HEAR- 
ING OF CIVIL CAUSES. 



4. 



6. 



Section 

5. Fees of referee to be paid by county. 
No justice of superior court to be 
auditor or referee in any case 
pending in that court. 
Repealing clause; takes effect on 
passage. 



Court may ap- 
point referees in 
cases where par- 
ties not entitled to 
jury trial. 



Referees, proce- 
dure before. 



Reports of ref- 
erees, may be 
recommitted, or 
judgment ren- 
dered thereon. 
Court may regu- 
late practice 
before referees 
and fix time of 
hearing. Referees 
may impose costs 
for delay, etc., 
subject to revi- 
sion by court. 

Fees of referee to 
be paid by county. 
No justice of 
superior court to 
be auditor or 
referee in any 
rase pending in 
that court. 
Repealing clause; 
takes effect on 
passage. 



Section 

1. Court may appoint referees in cases 

where parties not entitled to jury 
trial. 

2. Referees, procedure before. 

3. Reports of referees, may be recom- 

mitted, or judgment rendered 
thereon. 
Court may regulate practice before 
referees and fix time of hearing. 
Referees may impose costs for de- 
lay, etc., subject to revision by 
court. 



Be it enacted hy the Senate and House of Representatives in 
General Co^irt convened: 

Section 1. The superior court, or any justice thereof in vaca- 
tion, with the consent of the parties shall, and without the con- 
sent of the parties may, commit to one or more referees any cause 
at law or in equity, or the determination of any question of fact 
pending in court wherein the parties are not. as matter of right, 
entitled to a trial by jury ; and with the consent of the parties shall 
so commit any other cause or the determination of any other ques- 
tion of fact. 

Sect. 2. Referees shall proceed in all cases, unless the parties 
otherwise agree, according to the rules of law or of equity, as the 
case may be, and according to the practice in court, and shall report 
their decision as soon as may be to the court. If either party shall 
request it, they shall state specifically all matters of fact found 
by them to have been proved, and their rulings upon all questions 
of law. 

Sect. 3. Reports of referees may be recommitted to the same or 
other referee or referees, or such judgment may be rendered 
thereon as the law and facts require. 

Sect. 4. The court may make rules to regulate the practice and 
proceedings before referees and may fix the times and places for 
their hearings. The referees may impose costs upon either party, 
as terms for delay, postponement, or continuance, subject to re- 
vision by the court. 

Sect. 5. The court shall allow a reasonable compensation to 
referees for their services and expenses, which shall be paid by 
the county. 

Sect. 6. No justice of the superior court shall be auditor or 
referee in any cause pending in the court. 

Sect. 7. All acts and parts of acts inconsistent witli this act 
are hereby repealed and this act shall take effect upon its passage. 



[Approved April 10, 1917.] 



1917] 



Chapter 141. 
CHAPTER 141. 



645 



AN ACT IN AMENDMENT OF CHAPTER 102, LAWS OP 1901, ENTITLED 
"an ACT TO PROVIDE FOR THE CARE AND EDUCATION OP FEEBLE- 
MINDED children'' as AMENDED BY CHAPTER 23, LAWS OF 1905. 



Section 

1. Feeble-minded children of both sexes 
to be maintained, how and where, 
and for what length of time. 



Section 

2. Takes eflfect on passage. 



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

Section 1. Amend section 1, chapter 102, Laws of 1901, as Feebleminded 
amended by section 1, chapter 23, Laws of 1905, by striking out sexes to be main- 
the words "feeble-minded girls" and inserting in place thereof the where,' an^for 
words the feeble-minded, and also by striking out the words "be-^^g* length of 
tween three and twenty-one years of age" so that said section as 
amended shall read as follows: Section 1. The state shall estab- 
lish and maintain a school for the care and education of the idiotic 
and feeble-minded, which shall be known as the New Hampshire 
School for the Feeble-Minded Children. All children supported 
by towns or counties in the state, who in the judgment of the select- 
men of towns or county commissioners of the county or state board 
of charities are capable of being benefited by school instruction, 
shall be committed to this institution. Provision shall also be made 
for the detention, care and custody of the feeble-minded, who are 
inmates of the school, after they reach the age of twenty-one, if in 
the judgment of the board of trustees their segregation seems to 
be for the best interests of the community. 

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



pasage. 



[Approved April 10, 1917.] 



14 



646 



Chapter 142. 
CHAPTER 142. 



[1917 



AN ACT IN AMENDMEJNT OF SECTION 4 OF CHAPTER 198 OF THE LAWS 
OF 1911, RELATING TO THE BUREAU OF LABOR. 



Section 

1. Certain proceedings in labor contro- 
versies not to be used as evidence 
in judicial proceedings. 



Section 

2. Takes effect on passage. 



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

Certain proceed- SECTION 1. Amend sectioD 4, chapter 198, Laws of 1911, the 
controversies not Same being the original section 3 of said act as renumbered by sec- 
d'en^'ce TfjudiciT/' tion 1, chapter 186, Laws of 1913, by adding at the end thereof the 
proceedings. following: Neither the proceedings nor any part thereof before 

the labor commissioner by virtue of this section shall be received 
in evidence for any purpose in any judicial proceeding before any 
other court or tribunal whatever, so that as amended said section 
shall read : Sect. 4. Whenever any controversy or difference 
arises relating to the conditions of employment or rates of wages 
between any employer, whether individual, co-partnership or cor- 
poration, and whether resident or non-resident, and his or their 
employees, such controversy involving the interest of employees 
not less than ten persons in the same general line of business 
in this state, the labor commissioner shall, upon application as 
hereinafter provided, as soon as practicable thereafter, visit the 
locality of the dispute and make careful inquiry into all the condi- 
tions and circumstances of the situation, hear all persons interested 
therein who may come before him, advise the respective parties 
what, if anything, ought to be conceded by either or both, and ad- 
just such controversy or difference and, within five days after such 
inquiry, make a written decision thereon, a copy of which shall be 
furnished the parties and a copy kept on file in the bureau of labor. 
Neither the proceedings nor any part thereof before the labor com- 
missioner by virtue of this section shall be received in evidence for 
any purpose in any judicial proceeding before any other court or 
tribunal whatever. 



Takes effect on 
passage. 



Sect. 2. This act shall take effect upon its passage. 
[Approved April 10, 1917.] 



1917] 



Chapter 143 
CHAPTER 143. 



647 



AN ACT IN AMENDMENT OP SECTION 2, CHAPTER 61, PUBLIC STATUTES, 
AS AMENDED BY SECTION 1, CHAPTER 15, LAWS OF 1893, RELATING 
TO COLLECTION OF TAXES OF NON-RESIDENTS. 



Section 

1. Evidence of publication of notice of 
sale of lands taxed to non-resi- 
dents, to be recorded in registry of 
deeds in counties, in certain cases, 
by the publisher. 



Section 

2. Town and city clerks to record in 

registry of deeds list of lands re- 
deemed. Effect of record. 

3. Repealing clause; takes effect on 

passage. 



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

Section 1. Amend section 2, chapter 61, Public Statutes as Evidence of pub- 
amended by section 1, chapter 15, Laws of 1893 by adding at the of sale of lands'^ 
end thereof the following: The proprietors of the Independent resi^dents,'^°to be 
Statesman shall, after the publication of the first notice, mail to the [ry°o^ ^^eed^s i'iT^'^' 
collectors of the several towns and cities as many copies of the counties, in cer- 

. . , -1 , ■ f> • -I 1 '■^"^ cases, by the 

newspaper containing the advertisement aioresaid as there are non- publisher, 
resident taxpayers in said list. And the collectors of the several 
towns and cities shall mail, postpaid, a copy of said newspaper to 
each non-resident taxpayer to his last known post office address. 
And the proprietors of said Independent Statesman shall immedi- 
ately after the third publication of said sale for unpaid non-resident 
taxes, and the proprietors of such newspapers in the several coun- 
ties excepting the county of Merrimack, in which said list shall be 
published, shall file with the register of deeds in each county a 
certificate under oath of the publication of said list of lands to be 
sold for unpaid taxes as appeared by the published list, and the 
dates of each publication, in each county of this state where the 
lands are situated. And the several registers of deeds shaU make 
a record thereof in a special book kept for that purpose, and a copy 
of said record, certified by the register of deeds, shall be received 
as evidence of the fact of such publication and the record thereof 
in any court, so that said section as amended shall read as follows : 
Sect. 2. Such list shall be delivered to the collector on or before 
the thirtieth day of June. The collector shall, on or before the first 
day of September, send to the owners of non-resident property, or 
their agents, if known, a bill of their taxes, and shall, on or before 
the first day of January following, advertise the property on which 
the taxes shall not have been paid for sale in the Independent 
Statesman, a newspaper printed at Concord, and also, when prop- 
erty is not situated in Merrimack county, in some newspaper 
printed in the county where the property is situate, if any, other- 
wise in some adjacent county. The proprietors of the Independ- 
ent Stateman shall, after the publication of the first notice, mail to 



648 Chapter 143. [1917 

the collectors of the several towns and cities as many copies of the 
newspaper containing the advertisement aforesaid as there are non- 
resident taxpayers in said list. And the collectors of the several 
towns and cities shall mail, postpaid, a copy of said newspaper to 
each non-resident taxpayer to his last known post office address. 
And the proprietors of said Independent Statesman shall immedi- 
ately after the third publication of said sale for unpaid non-resi- 
dent taxes, and the proprietors of such newspapers in the several 
counties excepting the county of Merrimack, in which said list shall 
be published, shall file with the register of deeds in each county a 
certificate under oath of the publication of said list of lands to be 
sold for unpaid taxes as appeared by the published list, and the 
dates of each publication, in each county of this state where the 
lands are situated. And the several registers of deeds shall make 
a record thereof in a special book kept for that purpose, and a copy 
of said record, certified by the register of deeds, shall be received 
as evidence of the fact of such publication and the record thereof 
in any court. 
Town and city Sect. 2. Amend scction 15 of chapter 61 by adding at the end 

clerk to record in Qf g^id scctiou the following : And the town and city clerks of the 

registry of deeds . . " . . '' 

list of lands re- several towus and cities shall forward immediately to the register 
record.' of decds a Certified copy of the list of lands redeemed, which list 

shall be recorded by said register of deeds in the special book speci- 
fied in section 2 aforesaid. A certified copy by the register of deeds 
of the lands redeemed shall be received as evidence of the fact of 
such redemption in any court, so that said section as amended shall 
read as follows: Sect. 15. Within ten days after the expiration 
of two years from the sale, the collector shall leave with the town 
clerk, to be recorded, a correct list of the lands so redeemed. And 
the town and city clerks of the several towns and cities shall for- 
ward immediately to the register of deeds a certified copy of the 
list of lands redeemed, which list shall be recorded by said register 
of deeds in the special book specified in section 2 aforesaid. A 
certified copy by the register of deeds of the lands redeemed shall 
be received as evidence of the fact of such redemption in any court. 
Repealing clause; Sect. 3. All acts and parts of acts inconsistent with this act are 
hereby repealed and this act shall take effect upon its passage. 



takes effect on 
passage 



[Approved April 10, 1917.] 



1917] 



Chapter 144. 



649 



CHAPTER 144. 



AN ACT TO PROVIDE FOR A HOME GUARD.* 



Section 

1. Military emergency board provided, 
appointment and qualification of. 
Duties. Troops to be recruited, 
how. 



Section 

2. Board and governor to make regula- 

tions for enlistment, equipment, 
maintenance and compensation. 

3. Expenses, how met. 

4. Takes eflfect on passage. 



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

Section 1. The governor is authorized to appoint a board com- Military emer 

. . gency board 

posed or three members to be known as the military emergency provided, appoint 
board who shall hold office from the date of their appointment until ITalkjn^of. **Duties. 
April 1, 1919, and until their successors are appointed and quali- Jr^^^^d.^ho^w.'^^ 
fied. Said board shall take proper action to perfect and main- 
tain a body of armed troops for duty within the state of New 
Hampshire to be known as the home guard. Such troops shall 
be recruited from the citizens of the state who cannot be held for 
service in the national guard and shall be called into service only 
by the order of the governor. 

Sect. 2. Said board, acting with the governor, shall make regu- Board and gov- 

,. • T n ^ -ipptj_ j_ • ernor to make 

lations to provide tor the manner and form or enlistment, organiza- regulations for 

,. 1. I' ' ^• • ^ J. • X enlistment, 

tion, government, discipline, maintenance, armament, equipment, equipment, main- 
and for compensation of the home guard when called into active *^®o^pgng*°ion 
service, and do all things necessary and proper to carry out the 
purposes of this act. Such compensation so paid shall not be at a 
greater rate than that now paid the national guard while in active 
state service. 

Sect. 3. The governor, with the advice and consent of the coun- ^g^*®"®®^' ^°^ 
cil, is hereby authorized to draw his warrant upon any money in the 
treasury available for military purposes, or not otherwise appro- 
priated, for such sums as may be necessary to carry out the pro- 
visions of this act. 

Sect. 4. This act shall take effect from its passage. paMay.*^°* "" 

[Approved April 11, 1917.] 



* See chapter 197, in amendment hereof. 



650 



Chapter 145. 



1917 



CHAPTER 145. 

AN ACT RELATING TO WILLFUL AND MALICIOUS INJURIES.* 



Penalty for •will- 
ful, wanton or 
malicious injury 
to certain 
property. 



P. S., ch. 266, 
sec. 1, not 
affected hereby. 

This act to be 
construed as an 
amendment to all 
other acts impos- 
ing penalties for 
same offenses. 

Takes effect on 
passage. 



Section 

1. Penalty for willful, wanton or ma- 

licious injury to certain property. 

2. P. S., ch. 266, sec. 1, not affected 

hereby. 



Section 

3. This act to be construed as an 

amendment to all other acts im- 
posing penalties for same offenses. 

4. Takes effect on passage. 



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

Section 1. If any person shall willfully, wantonly or mali- 
ciously injure, destroy or damage any public or other building or 
other property belonging to, or leased or used by the state, or any 
county, city, town or public utility within the state; or any build- 
ing used for manufacturing purposes or for storage of grain or food 
products ; or any munitions of war or other goods or property use- 
ful for military purposes while in process of manufacture, in tran- 
sit or in storage; or any gas or oil tank; or any dam at the outlet 
of any lake or pond or upon any river or stream within the state; 
or any bridge upon any public highway, or toll bridge ; or any 
buildings, rails, culverts, bridges, tracks, platforms or other parts 
or appendages of any railroad, or street or electric railway, or any 
engines or cars used thereon ; or any posts, wires or other materials 
or fixtures of any railroad or public telegraph or telephone line, 
electric light or power line or any other public utility ; or any fire 
engine or hydrant, or the apparatus thereto belonging ; or any 
spring or reservoir or other property of any water company or of 
any city or town or municipal corporation used by it to supply 
water to its inhabitants or for extinguishing fires, or any aqueduct 
leading therefrom ; or shall willfully, wantonly or maliciously place 
any obstruction on any public or toll bridge or public road with in- 
tention to injure persons passing thereon ; or change, move, open, 
displace or tamper with any switch belonging to any railroad ; or 
poison, defile or corrupt any well, spring, brook, lake, pond, river 
or reservoir, the water from which is used for domestic purposes, 
he shall be punished by a fine not exceeding five tliousand dollars, 
or by imprisonment not exceeding ten years, or both. 

Sect. 2. Nothing in this act shall be construed to alter or affect 
the provisions of section 1 of chapter 266 of the Public Statutes. 

Sect. 3. This act shall be deemed to be an amendmeut of all 
other acts imposing penalties for the same offenses, which said acts, 
except in so far as they are inconsistent with this act, shall remain 
in force. 

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

[Approved April 12, 1917.] 



* Amended by chapter 222, poft. 



1917] Chapter 146. > 651 

CHAPTER 146. 

AN ACT TO PROHIBIT, DURING TIME OF WAR OR INVASION, THE COERCION 
OF LABOR, STRIKES AND LOCKOUTS, IN CERTAIN CASES. 



Shction 

1. Acts prohibited. 

2. Penalty. 



Section 

3. Takes effect on passage. 



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

Section 1. No person shall, during time of war or invasion, in- Acts prohibited. 
fluence or coerce or attempt to influence or coerce, any person or 
persons not to work in any shop, mill, factory, munition plant or 
other industry or establishment w^hatever, nor instigate or encour- 
age, nor attempt to instigate or encourage, any strike or lockout 
among the employees of such shop, mill, factory, munition plant or 
other industry or establishment whatever, so long as such industry 
or establishment is engaged in the manufacturing, making or deliv- 
ering of sustenance, clothing, weapons, munitions, material or other 
supplies, for the army or the navy of the United States or the mili- 
tary or naval service of the state. 

Sect. 2. Any person violating any of the provisions of this act penalty. 
shall be fined not less than five hundred dollars nor more than one 
thousand dollars for each offense, or be imprisoned not more than 
nine months in the county jail or both. 

Sect. 8. This act shall take effect upon its pasteage. Takes effect on 

r- r- o passage. 

[Approved April 12, 1917.] 



652 



Chapter 147. 



[1917 



CHAPTER 147. 

AN ACT TO REPEAL CHAPTER 95 OP THE LAWS OF 1903, ENTITLED ' ' AN 
ACT TO REGULATE THE TRAFFIC IN INTOXICATING LIQUOR," AND TO 
AMEND THE LAWS PROHIBITING THE SALE OF INTOXICATING LIQUOR; 
AND TO PROHIBIT THE MANUFACTURE OF INTOXICATING LIQUOR FOR 
BEVERAGE USE. 



Section 

1. Repeals Laws of 1903 ch. 95 and 

all amendments, and acts supple- 
mentary thereto. 

2. State liquor agent; appointment: 

term of office: duties; penalty for 
violating this act. 

3. Bonds of state liquor agent; compen- 

sation. 

4. Reports of agent, to contain what. 

5. Town agents to purchase their liquors 

of state agent. 

6. Appointment of liquor agents for 

towns and cities; qualifications; 
term of office ; removal ; duties. 
Agency not to be located in hotel, 
etc. 

7. Analysis of liquors in local agency, 

and penalty for keeping impure 
liquors. 

8. Certificate of appointment as agent; 

rules for their government in mak- 
ing sales. 

(1) Purposes for which liquor may be 

sold. 

(2) Sales to be for cash only. 

(3) Prices; disposition of profits. 

(4) Hours of sale. 

(.5) Record of sales, to contain what. 

(6) Record books open to inspection of 

certain officers. 

(7) Location, hours, and management 

of agency. 

(8) Schedule of prices to be posted. 

9. Agents' reports. 

10. Penalty for violation of this act by 

an agent. 

11. Penalty for adulteration of liquor by 

an agent. 

12. Bonds of town agent; compensation. 

13. Penalty for false statement by pur- 

chaser, or improper use of liquor. 

14. Druggists' permit may be issued in 

towns or cities not voting to have 
local agent. Sales by such regu- 
lated. 

15. Druggist to keep record of sales; 

open to inspection. 

16. Penalty for violation of law by drug- 

gist ; permit forfeited. 

17. Physician's prescription for intoxicat- 

ing liquor; form of; duty of phy- 
sician regulated. 



Section 

18. Penalty for violation by physician. 

19. Sale without authority, how pun- 

ished. 

20. What deemed unlawful selling. 

21. Jamaica ginger, etc., sale of for bev- 

erage use, unlawful selling of 
liquor. 

22. Common seller, how punished. 

23. Soliciting orders; deemed unlawful 

selling. 

24. Second offense ; duty of public officer 

to prosecute for, when informed of 
prior conviction; failure to do so, 
cause for removal of official. 

25. Court to require charge of second 

offense when informed of prior 
conviction. 

26. Sentence for first offense may be sus- 

pended; but not as to second or 
subsequent offense. 

27. On prosecution for second offense, 

record of prior conviction how set 
forth. 

28. Delivery of liquor, prima facie evi- 

dence of illegal sale, when. 

29. Certain evidence deemed prima facie 

evidence of offense charged. 

30. Drunkards discharged if they dis- 

close and testify from whom they 
purchased liquor whereby they be- 
came intoxicated. 

31. Clerk, servant or agent of accused, 

must testify ; effect of. 

32. Inferior court to bind over respond- 

ent, when; procedure thereon. Vio- 
lation of bond. 

33. Plea of nolo contendere, not to be 

received in prosecutions under this 
act. 

34. Seizure and forfeiture of property 

used in illegal selling. 

35. Relative or employer of person ad- 

dicted to liquor, may forbid sale 
to such person, how; person vio- 
lating the notice liable for dam- 
ages. Married woman may sue to 
recover damages. 

36. Party selling illegally, liable for dam 

ages done by purchaser while in 
toxicated. 

37. Penalty for knowingly permitting use 

of premises for the illegal sale of 
liquor. 



1917' 



Chapter 147. 



653 



Section 
38. Person convicted of drunkenness, 
prohibited from having liquor for 
one year thereafter, except for 
bona fide medicinal use, on doc- 
tor's advice. Penalty. Liquor sub- 
ject to forfeiture. 

No indictment after thirteen months. 

Prosecuting agents ; powers and du- 
ties; accounts; salary; vacancy in, 
how filled. 

Duties of attorney-general in en- 
forcement of this law. 

Duties of county solicitor in enforce- 
ment of this law. 

County solicitor not to be attorney 
for liquor interests. 

Solicitor to prosecute on complaint 
of prosecuting agent or reputable 
citizens. Such complaints confi- 
dential communications. Corrupt 
practice by solicitor, how charged. 

Solicitor may be removed and dis- 
barred. 

Extra compensation for solicitor in 
certain prosecutions under this 
law. 

Procedure for approval of bill for 
extra compensation. 

Sheriff and deputies may be required 
to investigate alleged violations of 
this act. Compensation. 

Certain officers charged with duty of 
prosecuting violations of this act. 
Penalty for neglect. Fines im- 
posed in prosecutions by town or 
city officials belong to town or 
city. 



39. 

40. 



41. 



42. 



43. 



44. 



45. 



46. 



47. 



48. 



49. 



Section 

50. State commissioner of law enforce- 

ment; appointment; jurisdiction; 
duties; compensation. Pines in 
cases he prosecutes to be paid to 
state treasurer. 

51. Act not to be interpreted as limiting 

existing power br duty of officers 
of the law to prosecute. 

52. Attorney-general allowed clerical as- 

sistance. 

53. Manufacture of intoxicating liquor 

for beverage use prohibited. Pen- 
alty. 

54. Search warrant, may contain what. 

55. Search warrant may direct search of 

person or any vehicle. 

56. Transportation of liquor for delivery 

in this state regulated ; records of 
such ; packages to be marked so as 
to disclose contents. 

57. Liquor shipped illegally may be for- 

feited. 

58. Penalty for illegal shipments. 

59. Persons exempt. 

60. Definition of spirituous and intox- 

icating liquor, etc. 

61. Specific repeal of P. S., ch. 112, and 

amendments, and general repeal of 
inconsistent acts. Takes effect May 
1, 1918. 



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



Section 1. Chapter 95 of the Laws of 1903, entitled ''An Act Repeals Laws of 
to regulate the traffic in intoxicating liquor," and all acts or parts an^amendment"*^ 
of acts amendatory thereof or supplementary thereto, are hereby ^°^j^^*^^^^pp^«' 
repealed. 

Legal Sale. 
State and Town Agents. 

Sect. 2. The governor, with the advice and consent of the coun- Q^^^^ ^^^^^j. 
cil, shall from time to time appoint one or more suitable persons, ^^^^: term *of 
residents of the state, to be known as state liquor agents, to furnish office; duties; 

, . , . . -1 1 • i! 1 penalty for vio- 

the agents appointed in towns and cities, under this act tor theiating this act. 
sale of spirituous and malt liquors, with pure, unadulterated spir- 
ituous and malt liquors, on such terms and under such regulations 
and restrictions as to him may seem proper; provided, however, 



654 



Chapter 147, 



[191' 



Bonds of state 
liquor agent ; 
compensation. 



Reports of agent, 
to contain what. 



Town agents to 
purchase their 
liquors of state 
agent. 



Appointment of 
liquor agents for 
towns and cities; 
qualifications; 
term of office ; re 
moval ; duties. 
Agency not to be 
located in hotel, 
etc. 



that the terms, regulations, and restrictions shall not be inconsist- 
ent with any provision of this act. The agent so appointed shall 
hold office during the pleasure of the governor and council until 
another is appointed in his stead. He shall not sell to the town or 
city agents any spirituous or malt liquors, except such as are pure 
and of sufficient age, and have been tested by a competent assayer. 
Violation of any of the provisions of this act by a state agent shall 
be punished by a fine of one hundred dollars, or imprisonment for 
three months, or both. 

Sect. 3. The persons so appointed shall give bond to the state, 
for the benefit of such towns as shall be injured by a breach of the 
condition thereof, in such sum not less than ten thousand dollars as 
the governor may deem sufficient, with condition that the person 
shall furnish to town and city agents pure and unadulterated spir- 
ituous liquors upon terms and in conformity with the regulatians 
and restrictions prescribed by the governor and by this act. The 
governor, with the advice and consent of the council, shall fix the 
salary of the agent or agents. 

Sect. 4. The state agents appointed under this act, on or before 
the first of October, annually, shall make and file with the governor 
and council an itemized report, under oath, of all purchases made 
by them, and from whom purchased, the cost thereof per gallon, 
quart, or case, and of all sales, the prices received, and the quanti- 
ties and kinds sold to each town and citj'^ agent, for the fiscal year 
ending the thirty-first day of August preceding, which reports shall 
be filed in the secretary of state's office, and open to inspection by 
any one interested. 

Sect. 5. The governor, upon the appointment of a state agent, 
shall notify town and city agents of the appointment, and of the 
terms, restrictions, and regulations by him prescribed for the gov- 
ernment of the state agent, in such manner as he shall deem proper ; 
and such town and city agents shall purchase thereafter of the per- 
sons so appointed all spirituous and malt li(iuors that may be re- 
quired for sale in their towns or cities, and of no other person. 
Such appointments shall not pledge the credit of the state for pay- 
ment for any liquors purchased by a state agent. 

Sect. 6. The selectmen of towns and the mayors of cities may 
appoint not exceeding three liquor agents, on or before April 1 of 
each year, provided the city government or town votes to have liq- 
uor agents in such cities or towns for the ensuing year, to sell, as 
provided in this act, pure spirituous and malt liquors for medicinal, 
sacramental, mechanical and scientific purposes; who sliall hold 
office for one year, or until another is appointed, but may be re- 
moved at the pleasure of the mayor or selectmen for cause and shall 
be removed by them for any violation of the provisions of this act. 
No innkeeper, or keeper of any place of public entertainment, or 
any person who has been convicted of tlie violation of any provision 



1917] Chapter 147. 655 

of this act, shall receive or hold the appointment, nor shall the 
agency be located or kept in any hotel, drug-store, saloon, or place 
of public entertainment, or any place where liquor is sold in viola- 
tion of the law. 

Sect. 7. The selectmen and mayor shall, from time to time, Analysis of 
cause samples of the liquor kept by their agents to be analyzed, and agency, a'iid"*^^' 
if found to be impure shall cause the agent who is responsible forPf^^J^^^f^'J ^^*P" 
selling or offering for sale such liquors, to be prosecuted ; and if he liquors. 
is found guilty, he shall be fined fifty dollars, or imprisoned three 
months, or both ; and the expense of said analysis shall be added to 
the cost now allowed to be taxed in criminal cases. 

Sect. 8. The town and city agents shall be given a certificate Certificate of ap- 
of appointment, and shall be governed by the following rules, aagentTTuies^for 
copy of which shall be given to them by the selectmen or niayor l^'^'^Xn" s™es.* 
appointing them, and another conspicuously posted in the agency: 

I. The agent may sell pure spirituous and malt liquors for Purposes for 
medicinal use ; but he shall make such sales only upon the prescrip- i)e sow. 
tion of a regular physician, Avho is practicing his profession in the 

state ; only one sale shall be made on any prescription, and the pre- 
scription shall be cancelled by writing across its face, the word 
Cancelled, with the date on which the same is filled. He may also 
sell wine for sacramental use on the purchase certificate signed by 
an officer of the church by which such sacramental wine is to be 
used; and he may sell alcohol for mechanical or scientific use, on 
the certificate, signed by the purchaser, certifying the particular 
mechanical or scientific use for which the alcohol is intended. 

II. He shall sell for cash. fash'oniy^^ **"" 

III. He shall sell the liquor at such prices as are fixed by the Prices; disposi- 
mayor or selectmen, which prices shall be fixed so far as possible '°° ° ^^° *^' 
so as to pay the expenses of the agency and leave no profit. If any ■ 

net profits are derived from the agency, after the payment of all 
expenses, including the agent's compensation, and the cost of liq- 
uors purchased by the agency, less the value of the liquors on hand, 
such profits shall be paid to the state treasurer by the city or town 
treasurer. 

IV. He shall not sell in the night time, nor upon the Sabbath, Hours of sale, 
out of the hours herein specified, except in cases of urgent neces- 
sity. 

V. A book shall be furnished by the town or city, to be kept Record of sales, 
by every agent, in which he shall enter at the time of such sale, '" <=°'^*»''* "^^"t- 
the date thereof (the purchaser shall also sign his true name there- 
in, if able to do so ; and if not, shall make his mark, which shall 

be properly witnessed in said book as a part of said entry), the 
kind, quantity, and price of said liquor, the purpose for which 
it is sold, and the residence by street and number, if there be such, 
of each purchaser, the name of the physician who gave the pre- 
scription ; and the signature of the person purchasing for sacra- 



656 Ch.\pter 147. [1917 

mental, mechanical or scientific use. Said book shall be substan- 
tially as follows: Date. Name of purchaser. Residence, Kind. 
Quantity. Purpose or use. Price. Name of physician giving pre- 
scription. Signature of purchaser. Witness to mark. 
Record books VI. The books, Certificates, and prescriptions provided for in 

of TertaiiT^^^*' '°" this act shall be and remain the property of the town or city, and 
officers. gjjg^jj g^j. g^Yl times be open to the inspection of the mayor, aldermen, 

police commissioners, police officers, selectmen, overseers of the 
poor, sheriffs, constables, justices of the peace, attorney-general, 
solicitors, and prosecuting agents. When a vacancy occurs in the 
office, the books and prescriptions shall be deposited with the town 
or city clerk. 
Location, hours, VII. The agcucy shall be kept in a convenient and suitable 
of" ag^ncy^^^™^" locatiou, to be designated by the selectmen or mayor. It shall be 
open on week days from 7 to 12 a. m., and from 1 to 6 and 7 to 9 
p. m. ; and on Sundays from 9 to 10 a. m., and from 12 to 1 and 5 
to 6 p. m. No liquor shall be given away by the agent, or allowed 
to be drunk upon the premises, nor shall any one be allowed to 
loiter or loaf in or about the agency. 
Schedule of prices VIII. A schcdulc of the priccs fixcd by the mayor or selectmen 
e poste . shall be made out and posted in a conspicuous place in the office of 
the liquor agent. 
Agents' reports. Sect. 9. The agent, on or before the first day of March, an- 
nually, shall make to the mayor or selectmen a sworn report cover- 
ing the fiscal year last ended, of all his purchases and the cost 
thereof, and of all sales and the proceeds thereof, specifying the 
number of sales and the quantities and kinds sold for each of the 
purposes for which he is authorized to sell, and the quantity, kind, 
and cost of all liquors remaining on hand at the date of such report ; 
said report to be accompanied by proper vouchers to sustain the 
expenditures claimed to have been made; and all money remain- 
ing in his hands as the net profits of the agency shall be turned 
over to the town treasurer at the time of filing said report. 
Penalty for viola Sect. 10. If any such agent shall give away or sell any spirit- 
an'agent. '^ **' ' uous or malt liquor, knowing or having reasonable cause to believe 
it is to be used for any other purpose than those for which he is 
authorized to sell the same, or shall knowingly and intentionally 
violate any of the provisions of this act, or any rule or regulation 
herein provided, he shall for each offense be fined fifty dollars, or 
be imprisoned not exceeding ninety days, or both. 
Penalty for adui Sect. 11. If any agent shall adulterate anv spirituous or malt 

teration of liquor ,. i • i i i i> i i • *i i 

by an agent. liquors which he may keep tor sale, or knowingly purchase any im- 
pure liquors, or shall buy any spirituous or malt liquors of any 
other person than the person appointed by the governor, or charge 
a higher price than that fixed by the selectmen or mayor, or shall 
sell any liquor on his own account, he shall forfeit fifty dollars or 
be fined fifty dollars, or be imprisoned ninety days, or both. 



1917] Chapter 147. 657 

Sect. 12. The agent shall furnish a good and sufifieient bond to Bonds of town 
the town or city for the faithful performance of his duty, before tj^n" ' ''"^p®"^*" 
entering upon the duties of the office, and shall receive for his 
services such compensation as the selectmen or mayor shall pre- 
scribe, which shall not be increased or diminished by reason of the 
amount of sales made ; and he shall not be interested, except as an 
inhabitant of the town or city, in the liquors or in the purchase 
or sale or profits thereof. 

Sect. 13. If any person purchasing spirituous or malt liquor Penalty for false 
shall make a false statement regarding the use for which the liquor cifas^™f or ^m-^"'^ 
is intended to be applied by the purchaser, or the person for whom{]q°P^'' "^® '^^ 
it is obtained, or if he shall use, or suffer anyone else to use for a 
beverage any of the liquor so purchased, he shall be punished by a 
fine of fifty dollars for the first offense, and for any subsequent 
offense he shall be punished by a fine of one hundred dollars and 
imprisoned in the house of correction not less than sixty days nor 
more than six months. 

Druggist Permit. 
Sect. 14. If a city government, or a town, does not vote to have Druggists' permit 

,. i 1 -i j_ , , , ■ may be issued in 

a liquor agent, such city government, or town, may vote to give a towns or cities 

prescription permit to any druggist, who is a registered pharma- fo^lr agent.*°Saie^s* 

cist doing business in the city or town, to sell liquor for medicinal ^^ ^^^^ regulated. 

use ; but such sale shall be made only upon the prescription of a 

regular physician who is practicing his profession in the state ; only 

one sale shall be made on any prescription ; and the prescription 

shall be cancelled by writing across its face, the word Cancelled, 

with the date on which the same is filled. Such permit shall also 

include the sale of sacramental wine, on the purchase certificate 

of an officer of the church by which such sacramental wine is to be 

used, and the sale of alcohol for mechanical or scientific use on the 

certificate of the purchaser stating the particular mechanical or 

scientific use for which such alcohol is intended. 

The permit provided for in this section shall be in the following 
form, for which the druggist receiving the same shall pay a fee of 
one dollar : 

State of New Hampshire, city or town of 

This is to certify that A B , 

a duly registered pharmacist doing a regular business as a druggist 
in the city or town of , is hereby au- 
thorized by this official permit to sell liquor for bona fide medicinal 
use on the prescription of a regular practicing physician; and also 
to sell wine for sacramental use on the purchasing signature of an 
officer of the church for which such sacramental wine is intended ; 
and to sell alcohol for mechanical or scientific use on the certificate 
of the purchaser stating the particular mechanical or scientific use 



658 



Chapter 147. 



[19r 



Druggist to keep 
record of sales ; 
open to inspec- 
tion. 



for which such alcohol is intended ; such sales to be made in accord- 
ance with the law providing therefor. 

Signed Mayor 

or 

Selectmen. 

Sect. 15. Every druggist, selling liquor in accordance with this 
act on the permit of the mayor of a city, or selectmen of a town, 
shall keep the record of such sales in a book, as provided in subdi- 
visions V and VI of section 8 of this act, for town and city liquor 
agents, and such book shall be open to inspection as therein pro- 
vided. 
Penalty for viola- Sect. 16. If any druggist shall sell intoxicating liquor for any 
druggiyr^ermit Other purpose or use, or in any other way, than as specified in his 
permit, according to this act providing for such sale, or if he shall 
violate any of the provisions of this act or amendments thereto, he 
shall be punished as for the unlawful selling of intoxicating liquor, 
as provided elsewhere in this act and his permit shall be cancelled 
by the mayor or selectmen. 



forfeited. 



Physician's pre- 
scription for in- 
toxicating liquor; 
form of; duty of 
physician regu- 
lated. 



Penalty for 
violation by 
physician. 



Form of Prescription. 

Sect. 17. Before a physician shall give to any person a pre- 
scription for intoxicating liquor, he, the physician, shall make a 
diagnosis of the disease of the person applying for the prescrip- 
tion, and he shall exercise the same professional skill and care in 
giving a prescription for intoxicating liquor as in giving a pre- 
scription for any poisonous drug. The prescription for intoxi- 
cating liquor for medicinal use shall be in the following form : 

State of New Hampshire. 

City or town of 

I a regular practicing 

physician under the laws of New Hampshire, do hereby certify that 

I have examined , a patient under 

my care, and I do hereby prescribe (quantity) 

of (kind of liquor) ; and I further certify, that 

in my opinion, such liquor is necessary to cure, or alleviate the 
disease from which the patient is suffering. 

(Signed) M. D. 

Sect. 18. If any physician shall fail, or neglect, to make the 
examination and exercise the care in giving a prescription for in- 
toxicating liquor, as specified in the preceding section of this act, 
or shall violate any of the provisions of this act, he shall be deemed 
giving a fraudulent or false prescription, and shall be punished by 
a fine of ten dollars for the first offense, and for any subsequent of- 
fense he shall be punished by a fine not exceeding fifty dollars, and 
imprisonment for not more than sixty days. 



1917] Chapter 147. 659 

Illegal Sale. 

Sect. 19. If any person, not being authorized by law to sell saie without 
intoxicating liquor, shall sell, or keep for sale, any intoxicating punished." 
liquor in any quantity, he shall be fined not less than twenty-five 
dollars ($25) nor more than one hundred dollars ($100) and also 
imprisoned not less than thirty, nor more than sixty days ; and for 
any subsequent offense he shall be fined not less than one hundred 
dollars ($100) nor more than two hundred dollars ($200) and also 
imprisoned not less than two nor more than twelve months. Pro- 
vided, however, that a person may sell cider in any quantity not 
less than one barrel at a single sale, to be delivered and removed 
from the place of sale at one time ; and provided also, that a person 
may sell cider in an unfermented state, that is, not containing 
alcohol. 

Procuring, Furnishing, Giving Away Liquor. 

Sect. 20. The procuring, furnishing, or giving away of intoxi-what deemed 
eating liquor, or any shift or device to evade the provisions of this ^^ * ^^ '°^" 
act, shall be deemed unlawful selling within the provisions of this 
act, and the punishment shall be the same as in the case of selling 
or keeping for sale intoxicating liquor. The words "furnishing 
or giving away," where they occur in this act, shall not apply to ^ 

giving away intoxicating liquor by a person in his private dwell- 
ing, unless said private dwelling is a place of public resort. 

Jamaica Ginger. 

Sect. 21. The sale of Jamaica Ginger, or other compounds of Jamaica ginger, 
alcohol, in such quantity, or with such frequency, as to indicate beverage use,°*^ 
that it is intended for beverage use, shall be deemed unlawful' sell- ""ii^^^r ^®"'°^ 
ing of intoxicating liquor, within the provisions of this act ; and 
the punishment shall be the same as in the case of selling or keep- 
ing for sale intoxicating liquor. 

Common Seller. 

Sect. 22. If any person, not being authorized by law to sell in- common seller, 
toxicating liquor, shall be a common seller of intoxicating liquor, ^"^ panished. 
he shall be fined one hundred dollars ($100), and shall also be im- 
prisoned not less than three nor more than twelve months. 

Soliciting Orders. 

Sect. 23. If any person shall seek, solicit, accept or transmit, soliciting orders; 
from or for any other person in this state, an order for intoxicating ^^^^^g unlawful 
liquor, such seeking, accepting, soliciting or transmitting of such 
an order for liquor shall be deemed unlawful selling of intoxicating 



660 



Chapter 147. 



1917 



liquor within the provisions of this act, and the punishment shall 
be the same as in the case of selling or keeping for sale intoxicating 
liquor. 

Second Offense. 



Second offense; 
duty of public 
officer to prose- 
cute for, when 
informed of prior 
conviction ; fail- 
ure to do so, 
cause for removal 
of official. 



Court to require 
charge of second 
offense when in- 
formed of prior 
conviction. 



Sect. 24. Any public officer upon whom the duty of enforcing 
the provisions of this act is now, or hereafter may be, imposed, shall, 
in the performance of his duty, cause an indictment to be obtained, 
information filed, or complaint made for second offense, whenever 
it is brought to his attention that the person charged with violating 
this act, or amendments thereto, has been previously convicted of 
an offense against this act ; and for any refusal or failure to comply 
with the requirements of this act, or to perform the duties herein 
imposed upon him, such officer shall be fined, or forfeit, $300 for 
each such refusal or failure ; and such refusal or failure shall be 
sufficient ground for his removal from office. 

Sect. 25. It shall be the duty of the court before whom an 
offense against any provision of this act is returned, upon having 
its attention called to the fact, and proof made, that the respondent 
has been previously convicted of a violation of this act, or amend- 
ments thereto, to quash the complaint, information or indictment, 
and cause a complaint or information to be made by the county 
solicitor for a second offense, and have the same served and re- 
turned and brought before said court, or before some other court 
having jurisdiction. 



Sentence for first 
offense may be 
suspended ; but 
not as to second 
or subsequent 
offense. 



On prosecution 
for second offense, 
record of prior 
conviction how 
set forth. 



Sentence for Second Offense not Suspended. 

Sect. 26. Courts having jurisdiction over violations of this act 
may suspend any sentence imposed by them on complaint, informa- 
tion or indictment for a first offense, so long as the respondent re- 
frains from violating any of the provisions of this act. Sentence 
imposed for second or any subsequent offenses shall not be sus- 
pended, but shall be enforced by the court without indulgence or 
delay. 

Sect. 27. In any complaint or indictment against a person for 
a violation of any provision of this act other than the first oft'ense, 
it shall be sufficient to allege the record of the former conviction 
briefly ; and such allegation may be amended without terms, in 
any stage of the proceedings before final judgment as a matter of 
right. 

Evidence of Sale, 



Delivery of liquor, Sect. 28. The dcHvcry of intoxicating liquor in any place or 

SrnTe iT%£\ manner, except as provided in this act for the legal sale and deliv- 

B8ie, when. gj.y Qf sue]^ liquor, shall be deemed prima facie evidence of sale. 

If conditions, such as (1) the presence of bottles, glasses or other 



1917] Chapter 147. 661 

vessels containing intoxicating liquor in any quantity, or (2) any 
degree of intoxication of any person present, or (3) the possession 
of liquor in such quantity or under such circumstances as indicates 
its possession for sale or giving away, or (4) any other conditions, 
indicate keeping for sale, selling, giving away or furnishing in- 
toxicating liquor upon any premises, or by any person, such condi- 
tions shall be given due weight as evidence of the sale or keeping 
for sale intoxicating liquor on such premises or by such person. 

Sect. 29. Upon the trial of a complaint or indictment for keep- certain evidence 
ing intoxicating liquor for sale, or for being a common seller of in- fa^i^'^tvfdlnce of 
toxicating liquor, evidence that the respondent exposes or suffers '''^^°^*^ charged. 
to be exposed in, upon, or about his place of business, any sign, 
placard, or other advertisement of intoxicating liquor, or exposes 
or suffers to be exposed within his place of business bottles or other 
articles labeled with the name of any kind of spirituous or intoxi- 
cating liquor, or a coupon receipt showing the payment of a special 
tax to the United States government as a retailer of or wholesale 
dealer in liquors, shall be received by the court and shall be deemed 
prima facie evidence of the commission of the offense with which 
the respondent stands charged. 

Buyer Disclosing on Seller to be Discharged. 

Sect. 30. If any person charged with the offense of drunken- Drunkards dis- 
ness shall, before or after conviction thereof, disclose the name of dts^c^iose and^^tes- 
the person of whom he obtained the liquor whereby he became in-jh^y^pu^chase™ 
toxicated, and whenever required shall testify fully concerning the'iquor^'hereby 
same, he shall be thereupon discharged. intoxicated. 

Not Excused from Testifying. 

Sect. 31. No clerk, servant, or agent of any person accused of cierk, servant or 
a violation of this act shall be excused from testifying against his m^\"* testffy r^^'^' 
principal for the reason that he may thereby criminate himself ; ^^^'^^ ^^■ 
but no testimony so given by him shall, in any prosecution, be used 
as evidence, either directly or indirectly, against him, nor shall he 
be thereafter prosecuted for any offense so disclosed by him. 

Appeal and Bonds. 

SiECT. 32. If upon proceedings had before a justice or municipal interior court to 
court for any offense mentioned in this chapter (which said .jus- spondenr when; 
tice or court has not jurisdiction to hear and determine) the &<?- v^ofat1on*^of"i3ond' 
cused shall plead not guilty, and the justice or court, on hearing 
the evidence, is of opinion that he is guilty of the offense charged, 
the justice or court shall order the offender to recognize, with two 
or more sufficient sureties, in a sum not less than two hundred nor 

15 



662 



Chapter 147. 



[1917 



more than four hundred dollars to appear at the next term of the 
superior court for the county at which a grand jury is required to 
be present, and to abide the order of the court, and in the mean- 
time to be of good behavior, and not to violate any provision of this 
act and to stand committed till the order is complied with. 

If any person giving bonds under this section, violates the condi- 
tions thereof, the recognizance shall be declared forfeited, and the 
court shall render judgment for the full amount of the recogni- 
zance, and whenever it is brought to the attention of the solicitor 
of the county in which the recognizance was entered into, he shall 
cause the recognizance to be forfeited at the first term thereafter 
and immediately cause proper proceedings to be had for the recov- 
ery of such forfeiture, and cause such proceedings to be prosecuted 
to final judgment and collection without indulgence or delay. Fail- 
ure to do so shall be sufficient reason for his removal from office. 
Plea of nolo con- Sect. 33. The plea of nolo contendere shall not be received by 
re"eived 'in* ^rose *^^ court iu auy prosccution or indictment for the sale, keeping for 
cutions under this sale Or being a common seller of intoxicating liquor. 

Seizure and Forfeiture of Liquor. 

Sect. 34. Any intoxicating liquor kept for sale in violation of 
law, with the casks, bottles and vessels containing the same or used 
in the sale thereof, may be seized upon a warrant issued by a jus- 
tice or police court, founded upon a complaint charging the same, 
and upon due proceedings may be adjudged forfeited ; and the 
court shall make an order for the destruction of all liquor thus de- 
clared forfeited. 



Seizure and for- 
feiture of prop- 
erty used in 
illegal selling. 



Relative or etn- 
ployer of person 
addicted to 
liquor, may for- 
bid sale to such 
person, how ; 
person violating 
the notice liable 
for damages. 
Married woman 
may sue to re- 
cover damages. 



Relative may Forbid and Sue for Damage. 

Sect. 35. The husband, wife, parent, child, brother, sister, or 
other near relative, guardian, or employer of any person who has 
the habit of drinking intoxicating liquor may give notice in writ- 
ing, by him or her signed, to any person not to furnish intoxicating 
liquor to the person who has such habit ; and if the person so noti- 
fied shall furnish any intoxicating liquor, for a consideration or 
otherwise, to the person who has such habit, within one year after 
such notice, the person giving the notice may recover of the person 
so notified, in an action on the case, not less than fifty dollars nor 
more than five hundred dollars, which may be assessed by the jury 
as damages. Any married woman may bring such action in her 
own name, and recover the damages to her own use. 



Seller Liable for Damages. 

Party selling Sect. 36. Any persou who shall he injured in person, or prop- 

for^damageJ''done erty, or means of support, by an intoxicated person, or by a persou 
ihiiTTntoxTcated. Under the influence of intoxicating liquor, or in consequence of the 



1917] Chapter 147. , 663 

intoxication, of any person or persons, shall have the right of ac- 
tion, in any court of competent jurisdiction, in his or her own 
name, against the person or persons, severally or jointly, who, by 
illegal selling, or giving away, or furnishing, intoxicating liquor, 
either personally or by his agent or servant, shall have caused the 
intoxication, or partial intoxication, wholly or in part, of the per- 
son or persons causing such injury, for all actual damages sus- 
tained, and for exemplary damages. Any husband, wife, parent, 
child, guardian or employer may initiate and maintain a suit under 
this act, for damages resulting from the traffic in intoxicating liquor 
as specified herein. 

Owner of Premises Liable. 

Sect. 37. If any person shall wilfully let or suffer any other Penalty for know- 
person to use any premises which he owns or of which he has thcusl of premises^ 
control for the illegal sale of intoxicating liquor therein, he shall ^f^iiq^yor"®^"*' ^^'^ 
be fined not more than two hundred dollars. 

Drunkard not to Purchase Liquor. 

Sect. 38. If any person shall be convicted of drunkenness, it Person convicted 
shall be unlawful for him to purchase, or have in his possession, proJbi'ted^from 
any intoxicating liquor within a period of twelve months after the Q^I'year *there^°'^ 
time of such conviction, except for bona fide medicinal use, upon f ^t*''"- ?^<^ept for 

. . . . 'I- bona fide me- 

the advice and prescription of a physician dulv registered in Newdicinai use, on 

TT 1 • A • i • J.' T • J.T "^ • n 1 doctor's advice. 

Hampshire. Any intoxicating liquor in the possession or such Penalty. Liquor 
person at the time of his conviction, or at any subsequent time future! *° ^°^ 
during twelve months thereafter, except as obtained on a physi- 
cian's prescription, as provided in this section, shall be subject to 
be forfeited, and the court having jurisdiction of the defendant, 
shall make an order for its destruction by an officer of the court. 
If any person shall be convicted of a violation of this act, he shall 
be punished by a fine of not more than ten dollars, and imprison- 
ment in the house of correction for not less than thirty days nor 
more than ninety days for each offense. 

The Time Limit Thirteen Months. 

Sect. 39. No indictment shall be found for any violation of No indictment 
this act, unless the offense was committed within thirteen months months, 
before the first day of the court at which the offense is prosecuted. 

Enforcement Officers — Prosecuting Agents. 

Sect. 40. Each town shall at its annual meeting elect an agent prosecutinK 
to enforce the liquor laws within the limits of the town, who shall an^^dutiesra'c^ 
have all the powers and perform all the duties now pertaining to'^**'^"'®' salary; 

^ ^ _ _ r- ^ vacancy in, now 

selectmen in such matters, including the right to file informations, fii'ed- 



664 



Chapter 147. 



[1917 



as provided in chapter 81, Laws of 1899, and amendments thereto, 
and shall receive as compensation for his services three dollars 
per day for time actually spent in the performance of his duty, 
and his expenses. His accounts shall be audited, allowed and paid 
by the selectmen. If the town fails to elect a prosecuting agent 
the selectmen shall appoint a suitable person within one week after 
the date of said meeting, who shall hold office until another is 
chosen, unless sooner removed by the selectmen. Any vacancy oc- 
curring in the office, for any cause, shall be immediately filled by 
the selectmen for the unexpired term. 

Attorney-General and Other Officers. 



Duties of attor- 
ney-general in 
enforcement of 
this law. 



Sect. 41. The superior authority in the enforcement of laws 
prohibiting the sale of intoxicating liquor and the prosecution of 
offenders against such prohibitory laws under the provisions of this 
act shall be the attorney-general. It shall be his duty to have 
supervisory direction of all prosecutions authorized by this act and 
undertaken by the solicitors, and to take personal charge of the 
same when in his judgment it may be necessary or advisable. All 
persons engaged in the prosecution of offenses against the liquor 
laws shall be under his control. 



Duties of Solicitors. 



Duties of county 
solicitor in en- 
forcement of this 
law. 



County solicitor 
not to be attorney 
for liquor inter- 
ests. 



Solicitor to prose- 
cute on complaint 
of prosecutiuK 
agent or reputable 
citizens. Such 
complaints confi- 
dential commu- 
nications. Corrupt 
practice by solic- 
itor, how charged. 



Sect. 42. It shall be the duty of the county solicitor in each 
county to have immediate charge of all such prosecutions. But, 
if the attorney-general is of the opinion that the public good re- 
quires a substitute for the solicitor in any prosecution in any 
county or that the service of more than one attorney is required 
in the prosecution of such offenses, he may employ and assign the 
solicitor of another county for such duty. 

Sect. 43. No county solicitor shall be an attorney, or act as 
attorney or counsel, directly or indirectly, for any person, associa- 
tion or corporation in any matter or proceeding, directly or indi- 
rectly relating to the traffic in intoxicating liquor or to violation 
of law concerning the sale or disposition thereof. 

Sect. 44. Prosecuting agents for towns, selectmen of towns and 
reputable citizens may make complaint in writing to the county 
solicitor and give information as to alleged violation of the liquor 
laws. The party complaining shall at the time of making such 
complaint furnish a copy thereof to the attorney-general and all 
complaints so made shall be treated as confidential communications. 
It shall thereupon be the duty of the attorney-general, through a 
solicitor, to investigate the complaint and if such solicitor finds suf- 
ficient cause for a prosecution he shall fortlnvitli cotuiiumu'c app'o- 



/ 



1917] Chapter 147. 665 

priate criminal proceedings and prosecute the same to final judg- 
ment. If in the opinion of any reputable citizen the solicitor of 
the county in which the offense occurs shall be guilty of any un- 
reasonable delay or neglect, any unreasonable refusal to prosecute, 
any collusion with alleged offenders, any corrupt practices or wil- 
ful maladministration in respect to the duties prescribed by this 
act, or in respect to the duties to which he may have been assigned 
under the provisions of this act or other maladministration in his 
office in respect to the enforcement or non-enforcement of the liquor 
laws, a representation of the facts may be made to the attorney- 
general in writing by any person having knowledge or information 
thereof, and such representation shall be held confidential. 

Sect. 45. Upon the receipt of the representation named in the Solicitor may be 
last preceding section of this act the attorney-general shall forth- disbarred, 
with investigate the same, and if it appears to be well founded, he 
shall proceed against such delinquent solicitor by complaint to the 
supreme court, and if upon said complaint such solicitor shall be 
found guilty of a breach of his duty as defined and provided in this 
act or any other existing law or acts he may be disbarred or re- 
moved from his office. 

Sect. 46. The compensation of a county solicitor when engaged Extra compensa- 
upon assignments for the enforcement of the liquor laws, at other in certain prose- 
times and places than when such solicitor is engaged in the busi- 1^^°^^ ^^'^" ^^^^ 
ness of his office in term time in the superior court, relating to 
prosecutions of offenses against the liquor laws, shall be ten dollars 
per day and his actual expenses, to be audited by a justice of the 
superior court, unless such duty shall be assigned by said justice 
to the clerk of said court. The compensation provided by this 
act for services hereby required shall be in addition to the salaries 
now provided by law. In all cases it shall be paid by the county 
in which the offense arises. 

Sect. 47. The solicitor employed or assigned by the direction of Procedure for 
the attorney-general in the prosecution of offenses against the liquor f^^exlra com-' 
laws shall make an account of the time so spent and the^^'^^^''°"- 
actual expenses incurred, in such manner as to show where the 
services were rendered, the amount of time taken in such service 
at each place and the cases to which the services and expenses re- 
lated. A copy of the account with an affidavit stating that the 
services were actually rendered at the times and places, in the cases 
and for the purposes stated, that they were done and incurred in 
good faith in the public business, and exclusively in the business 
of enforcing the liquor laws, shall be forwarded to the attorney- 
general at the end of each month. No payments shall be made to 
any such solicitor for services authorized by this act, other than 
services during the time of the terms of the superior court, unless 
statements of his account shall have been filed as aforesaid. 



666 Chapter 147. [1917 

Sheriff and depu- Sect. 48. Sheriffs and deputy sheriffs may be required to in- 
qufre^Yo investi- vestigate persous and places which are the subject of complaint, 
ffofat^onrof this Under the direction of the attorney-general, or a county solicitor, 
act. Compensa- q^^^ ^q advise such law officer as to the result of the examination. 
Sheriffs and deputy sheriffs performing the services above specified 
shall have the same allowance as now provided for attendance upon 
the terms of the superior court, and such allowance for extraor- 
dinary expenses as may be approved and allowed by either of the 
law officers aforesaid. 
Certain officers Sect. 49. Policc commissioucrs, county and city solicitors, sher- 

of ^prosecuting " ^ iffs, policc officci's and prosecuting agents of towns shall at the 
violations ^of^ this gjjpense of the city, county or town, prosecute or cause to be prose- 
"osed^*"in^'"ro^seeu- <^uted Bvery pcrsou guilty of any violations of the provisions of this 
tions by town or act Or amendments thereto, or of any laws governing the sale of 
belong to town or liquor, hereafter enacted, of which they can obtain reasonable proof, 
^'*^' and if they neglect or refuse to perform their duties, as specified 

herein, they shall be fined or forfeit three hundred dollars for each 
and every neglect or be imprisoned in the house of correction for 
not more than thirty days or both,' and their neglect and refusal 
shall be good ground for their removal from office, as provided by 
law. But this provision shall not be construed so as to prevent the 
town or city, by its officers, or any person from making a com- 
plaint or instituting and carrying on prosecutions for such offenses ; 
and such complainant, if a town or city, by its officers, shall be en- 
titled to all fines imposed and collected for said violation. If any 
of the officers mentioned in this section neglects for two weeks 
after being furnished with a written notice under oath of a viola- 
tion of the law relative to the sale or keeping for sale of intoxicating 
liquors, with the names of the witnesses or statement of other 
sources of proof, to institute proceedings thereon, any person may 
thereafter make complaint and shall be entitled to all fines imposed 
and collected for said violation. 

State Commissioner of Law Enforcement, 

state commis- Sect. 50. The governor shall appoint a state commissioner of 

enforcemeluT ap- ^^^ enforcement and fix his compensation to be paid b*y the state, 
pointment^: juris- The dutics of the state commissioner of law enforcement shall be, 

diction; duties; i r. /? i i 

compensation. uudcF the attomey-general, to secure the enforcement or the laws 
prosecutes'^'tcf be ^ in reference to intoxicating liquor. He shall have all the powers 
t'r^e'asurer!''** of the county solicitor in any county, in reference to the laws con- 
cerning intoxicating liquor, and the enforcement of such laws. 
He shall have jurisdiction in the enforcement of such laws, 
either in co-operation with, or independently of, the other officers 
of any county, city or town. With the consent of the governor and 
attorney-general, the state commissioner of law enforcement may 
employ such deputies and other agents as may be necessary to 



1917] Chapter 147. 667 

secure the efficient enforcement of the laws in relation to intoxi- 
cating liquor. The compensation and personal expenses of the 
commissioner and the expenses for deputies and agents shall be paid 
by the state, on the warrant of the governor. When prosecution 
for the violation of the laws in reference to intoxicating liquor is 
begun and carried on by the state commissioner of law enforce- 
ment, all moneys collected for fines and costs shall be paid to the 
state treasurer. 

Sect. 51. Nothing in this act shall be so construed as to relieve A^t not to be 

° . . . . . interpreted as 

any officer from any duties required by existing law as to mvesti- limiting existing 
gations and prosecutions for violations of criminal laws relating officers of the law 
to illegal sales of intoxicating liquors, nor to deprive other persons*" prosecute. 
of the right to institute and carry on prosecutions of offenses 
against such laws in cases where that right is recognized by exist- 
ing law. 

Sect. 52. The attorney-general may employ such clerical as- Attomey-generai 
sistance, not exceeding in amount one thousand, two hundred dol- assistance. 
lars in any year as he may find necessary in enforcing the provi- 
sions of this act. 

Manufacture Prohibited. 

Sect. 53. The manufacture of intoxicating liquor for beverage Manufacture of 
use is hereby prohibited. If any person shall violate the provisions liquor for bever- 
of this section, he shall be fined not less than fifty dollars ($50) ftfd.^PenS^ 
nor more than one hundred dollars ($100), and shall also be im- 
prisoned in the county jail or house of correction not less than 
thirty days nor more than ninety days for the first offense ; and 
for a second, or any subsequent offense, he shall be fined not less 
than one hundred dollars ($100) nor more than three hundred dol- 
lars ($300), and shall also be imprisoned in the county jail or 
house of correction not less than three months nor more than twelve 
months. All of the provisions of this act for the enforcement of 
the laws prohibiting the unlawful sale of intoxicating liquor shall 
be applicable to the enforcement of this section. 

Search Warrant. 

Sect. 54. Whenever a search warrant is made out requiring search warrant, 
the officer to search any place therein described, under chapter 251 ™^^ 
of the Public Statutes, the warrant may direct said officer to search 
the persons found therein and named in said warrant, for the 
articles called for in the search warrant. 

Sect 55. A search warrant made out to search for intoxicating search warrant 

^_, « , -r^ 1 !• rM i ^ • ii ™ay direct search 

liquors under chapter 251 of the Public Statutes may require the of person or any 

officers to search any person therein named or any wagon or other 

vehicle. 



668 



Chapter 147. 



[1917 



Transportation of 
liquor for delivery 
in this state regu- 
lated ; records of 
such ; packages to 
be marked so as 
to disclose 
contents. 



Liquor shipped 
illegally may be 
forfeited. 



Penalty for illei 
shipments. 



Persons exempt. 



Transportation of Liquor, 

Sect. 56. Every person, partnership or corporation conducting 
a transportation or express business, receiving liquor for delivery 
to any place in this state, or actually delivering any liquor to any 
person in this state, shall keep a book or books, and plainly enter 
therein the date of the reception by him, them or it, of each vessel 
or package of such liquor so received for transportation and a cor- 
rect transcript of the marks and directions thereon and the date of 
its delivery by him, them or it ; and the name of the person to 
whom delivered shall be signed to the same as a receipt ; and said 
books shall at all times be open to the inspection of the attorney- 
general of the state, the solicitor and sheriff of the county, the 
chief of police of the city or town, and the selectmen and prosecut- 
ing agent of the town in which said liquor is delivered, and of any 
other officer charged by this act with any duties respecting its 
enforcement. No such person, partnership or corporation so con- 
ducting a transportation or express business shall knowingly re- 
ceive or deliver any such vessel or package containing liquor which 
does not contain the labels or marks prescribed in this act, and any 
person, partnership or corporation receiving liquors as aforesaid 
and failing to keep the book and records as herein provided, shall 
be punished for each offense by a fine of not less than one hundred 
dollars. 

Sect. 57. Any liquor transported in violation of the foregoing 
section, or liquor transported according to said section but ad- 
dressed or marked to a fictitious person or fictitious name or to a 
person unknown or who cannot be found, or liquor shipped C. 0. D., 
together with the casks, bottles and vessels containing the same, 
may be seized wherever found, whether in transit or storage, and 
shall be destroyed as provided in this act, for the destruction of 
intoxicating liquor kept for sale in violation of law. 

Sect. 58. Any person, partnership or corporation delivering 
or offering for delivery to any person, partnership or corporation 
conducting a transportation business, any liquor for delivery in a 
city or town, with the vessels or packages containing such liquor 
not marked in accordance with the provisions of this act, shall be 
punished by a fine of not less than one hundred dollars. 

Sect. 59. The provisions of this act shall not apply to scientific 
laboratories, chemists, manufacturing pharmacists, hosj)itals. phy- 
sicians, and dental surgeons having alcohol and other alcoholic 
liquors for strictly scientific, manufacturing and medicinal use, but 
not for sale ; nor to denatured alcohol to be used for mechanical 
purposes. 



1917 



Chapter 148. 



669 



Definition of Liquor. 
Public Statutes, Chapter 2, Section 33. 
Sect. 60. By the words spirit, liquor, spirituous liquor, intoxi- Definition of spir 

. . 1 11 1 • T 1 11 !• . -11 J 'tuo'is and mtox 

eating liquor, as used m this act shall be intended all distilled icating uquor, etc. 
liquors, or rectified spirits; vinous, fermented, brewed and malt 
liquors; and any beverage by whatever name called, containing 
more than one per cent, of alcohol, by volume, at sixty degrees 
Fahrenheit ; and any beverage any part of which is intoxicating. 

Sect. 61. Chapter 112 of the Public Statutes and all acts and specific repeal of 

. . . , , . , , - p. S., ch. 112, 

parts 01 acts inconsistent with this act, are hereby repealed, and and amendments, 
this act shall take effect May 1, 1918. peai of^fnconTist 

ent acts. Takes 
effect Mav 1, 

[Approved April 17, 1917.] i9i8. 



CHAPTER 148. 

AN ACT IN AMENDMENT OF CHAPTER 163, LAWS OF 1915, RELATING TO 
THE REFORESTING OP WASTE LAND, 



Section 
1. Grantor of land conveyed to state for 
forestry; entitled to reconveyance, 
on specified terms. 



Section 
2. Takes effect on passage. 



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

Section 1. Section 2 of chapter 163, Laws of 1915, is hereby Grantor of land 
amended by inserting after the word ''donors" in line 11 the fol-fo?^forestry;^ * ^ 
lowing: and said donor or donors shall have the benefit derived ®gy'^'Jfg^g^°J"^^°^^:j. 
from the sale of forest products from any tract during said ten fi^d terms. 
year period ; further amend said section by striking out the words 
"be required to reforest" in line 17 and inserting in place thereof 
the following accept a deed for ; further amend said section by 
striking out the words "of any tract acquired under this act in 
any one year" in line 18 and inserting in place thereof the follow- 
ing: from any person, firm or corporation under the provisions of 
this section, except that more than twenty-five acres may be taken 
if such taking simplifies the transfer, survey or establishment of 
boundaries. Said section 2 is further amended by striking out all 
of said section after the word "treasury," in line 22, so that said 
section as amended shall read as follows : Sect. 2. Whenever 
any person or persons shall deed to the state any tract of land 
adapted for forest growth, so that no cost of purchase shall accrue 



670 



Chapter 149. 



1917 



Takes effect on 
passage. 



to the state, the forestry commission is authorized to accept and 
hold such tracts in the name of the state, and to reforest, protect 
and manage them subject to the limitations of this section. The 
donors of such land, or their heirs and assigns, shall have the right, 
within ten years from the date of conveyance, to purchase it from 
the state at the cost of improvements with interest at four per 
cent, per annum, and the secretary of state shall, upon the recom- 
mendation of the forestry commission, convey such land to said 
donor or donors, and said donor or donors shall have the 
benefit of any profit derived from the sale of forest products 
from any tract during said ten year period. If the donor, 
or his heirs or assigns, shall not acquire the land within ten 
years from the date of conveyance, such land may be sold, 
or the wood and timber thereon may be sold, by the for- 
estry commission, with the approval of the governor and council; 
provided, that such sale shall be advertised and awarded to the 
highest bidder, and the state may reject any such bids. The state 
shall not accept a deed for more than twenty-five acres from any 
person, firm or corporation under the provisions of this section, ex- 
cept that more than twenty-five acres may be taken if such taking 
simplifies the transfer, survey or establishment of boundaries. Any 
forest fire on such tracts shall be extinguished as provided in chap- 
ter 128, Laws of 1909, and amendments thereto. All revenue from 
the sale of such tracts, or of the wood and timber thereon, shall 
revert to the state treasury. 

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

[Approved April 18, 1917.] 



CHAPTER 149. 



.\N ACT RELATING TO OFFICIAL SEALS FOR TOWNS. 



Section 
1. Towns to have official seal, bearing 
name and date of incorporation. 
Documents issued by town clerk 
to be under seal. 



Section 
2. Takes effect on passage. 



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

Towns to have SECTION 1. Every towu shall provide for the use of its town 

Tn^g^namTandXte clcrk an official scal,' bearing the name of the town and the date of 
ooiXXSed its incorporation, and of such general design as may be approved 



1917] 



Chapter 150. 



671 



be under seal. 



by the selectmen thereof. Papers issued from the office of theby town cierk to 
town clerk may be attested therewith. 

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



Takes effect on 
passage. 



[Approved April 18, 1917. 



CHAPTER 150. 

AN ACT TO REGULATE THE STORAGE, DISTRIBUTION AND SALE OP COLD 

STORAGE FOOD. 



Section 

1. Terms "cold storage" ; "cold storage 

or refrigerating warehouse"; 
"food," defined. 

2. Cold storage warehouse to be licensed 

by state board of health. Fee. Ex- 
amination of plant. Quarterly re- 
port by owner to state board re- 
quired. 

3. Inspections of warehouse and contents 

by state board. 

4. Cold storage food to be labelled, how. 



Section 

5. Pood may be kept in cold storage, how 

long. 

6. Food once released, not to be returned 

to cold storage. 

7. State board of health may make regu- 

lations regarding cold storage busi- 
ness. Penalty for violating. 

8. License fees and fines for violating 

this act applied to enforcement of 
the act. 

9. Takes effect Sept. 1, 1917. 



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

Section 1. The term cold storage, as used in this act, shall be Terms "cold stor- 
construed to mean the storage of articles of food at or below a tem- age oV refrigerat- 
perature of forty degrees Fahrenheit in cold storage or refrigerat-!"f^J"''^efinld!' 
ing warehouses. 

The term cold storage or refrigerating warehouse, as used in this 
act, shall be construed to mean an establishment employing refrig- 
erating machinery or ice for the purpose of refrigeration, or a place 
otherwise artificially cooled, in which articles of food are stored for 
thirty days or more at a temperature of forty degrees Fahrenheit 
or below. 

The term article of food, as used in this act, shall be interpreted 
to include fresh meat, fresh meat products except in process of 
manufacture, fresh food fish, game, poultry, eggs and butter. 

Sect. 2. No person, firm or corporation shall operate a cold Coid storage ware- 
storage or refrigerating warehouse without a license issued by the ncensed" by state 
state board of health. Any person, firm or corporation desiring p°||"*^ ^Lmfna-' 
such a license may make written application to the board, stating tion of plant. 

. . , ■, /-y • »• ,.. Quarterly report 

the location of its plant or plants. On receipt ot the application by owner to state 
the board shall cause an examination to be made of the sanitary "^^ require 
condition of any such plant, and if it is found to be in a sanitary 
condition and otherwise properly equipped for the business of cold 



672 



Chapter 150. 



1917 



Inspections of 
warehouse and 
contents by state 
board. 



Cold storage food 
to be labelled, 
how. 



storage, the board shall cause a license to be issued authorizing the 
applicant to operate a cold storage or refrigerating warehouse for 
the period of one year. The license shall be issued upon payment 
by the applicant of a license fee of ten dollars. In case any ware- 
house, licensed under the provisions of this section or any part 
thereof, shall be deemed by the state board of health to be con- 
ducted in an unsanitary manner, it shall be the duty of the board 
to close such warehouse or part thereof, until it shall "be put in a 
sanitary condition, and the board shall have power also to suspend 
the license in case the required changes are not made within a rea- 
sonable time. Every such licensee shall furthermore submit a quar- 
terly report to the state board of health on a printed form to be 
provided by the board. The report shall be filed on or before the 
twenty-fifth day of January, April, July and October of each year, 
and it shall state the quantities of articles of food placed in cold 
storage during the three months preceding the first day of the said 
month in which the report is filed. 

Sect. 3. No article of food intended for human consumption 
shall be placed in cold storage if deemed by the state board of health 
to be diseased, tainted or otherwise unwholesome. 

It shall be the duty of the state board of health to inspect and 
supervise all cold storage or refrigerating warehouses in this state, 
and to make such inspection of the entry of articles of food therein 
as the board may deem necessary to secure proper enforcement of 
this act. The members of the board, or its duly authorized agents, 
inspectors, or employees, shall be permitted access to such establish- 
ments and all parts thereof at all reasonable times for purposes of 
inspection and enforcement of the provisions of this act. or of any 
other provision of law relating to food products. The board may 
also appoint and designate such person or persons as it deems quali- 
fied to make the inspection herein required. 

Sect. 4. Pending retail sale, all cold stored foods shall be 
plainly marked with both the original date of entry into and date 
of withdrawal from cold storage, together with the necessary dis- 
tinguishing words. Cold stored articles of food received from out- 
side the state shall be similarly marked with the original date of 
entry into cold storage and date of withdrawal therefrom. In the 
case of cold stored poultry and eggs which have been removed from 
the original containers and placed upon display, there shall be 
plainly exhibited in connection therewith a sign, or placard, giving 
the above required information, in such manner as the state board 
of health may direct. All retail packages of cold stored poultry 
and eggs, as delivered to the purchaser, shall be plainly marked 
with the words : Cold Stored or Cold Storage. Whenever requested, 
the dealer shall inform the purchaser as to the dates of original 
entry and withdrawal. And it shall be unlawful to represent or 
advertise, as fresh goods, cold stored articles of food. 



1917] Chapter 150. 673 

Sect. 5. No article of food shall be held in cold storage for a Food may be 
longer period than twelve calendar months, except with the consent sto^'rage^ how 
of the state board of health as hereinafter provided. The state '"'^^^ 
board of health may, upon application, grant permission to extend 
the period of storage beyond twelve months for a particular con- 
signment of goods, if the goods in question are found, upon exam- 
ination, to be in proper condition for further storage at the end of 
twelve months. The length of time for which storage is allowed 
shall be specified in the order granting permission. A report on 
each case in which such extension of storage may be permitted, in- 
cluding information relating to the reason for the action of the 
board, the kind and the amount of goods for which the storage 
period was extended, and the length of time for which the con- 
tinuance was granted, shall be included in the annual report of 
the board. 

Sect. 6. It shall be unlawful to return to cold storage any arti- ^°P^ °J^<^^ , , 

° •' released, not to 

cle of food that has once been released from such storage for the be returned to 
purpose of placing it on the market for sale to consumers, but noth- 
ing in this section shall be construed to prevent the transfer of 
goods from one cold storage or refrigerating warehouse to an- 
other, provided that such transfer is not made for the purpose of 
evading any provision in this act. 

Sect. 7. The state board of health is empowered to make all state board of 
necessary rules and regulations for the enforcement of this act, in- regulations re- 
cluding rules and regulations with respect to the use of marks, age business. 
tags, labels and signs. Any person, firm, company or corporation ^j^^aung!"^ 
violating any provision of this act, or any lawful orders or regula- 
tions of the state board of health, duly made as herein provided, 
or whoever hinders or obstructs any inspector in the pursuit of his 
lawful duty, shall be deemed guilty of a misdemeanor, and upon 
conviction shall be punished by a fine of not less than twenty-five 
nor more than two hundred dollars, or by imprisonment not ex- 
ceeding sixty days, or by both such fine and imprisonment. 

Sect. 8. All license fees and fines collected under the provisions License fees and 
of this act shall be paid to the secretary of the state board of health, thif ac^'^appii''ed"t^o 
who shall deposit such money with the state treasurer to the credit the°Icf.™^"* °* 
of a fund to be used toward carrying out the provisions of this 
act, to be drawn against under the approval of the governor and 
council. 

Sect. 9. This act shall take effect September 1, 1917. ]'^^|\^*f^^* ®^p*- 

[Approved April 18, 1917.] 



674 



Chapter 151. 
CHAPTER 151. 



1917 



AN ACT RELATING TO EXAMINERS OP APPLICANTS FOR LICENSES TO 
OPERATE MOTOR VEHICLES. 



Section 

1. Commissioner of motor vehicles may 

appoint examiners of applicants 
for operator's license. 

2. Powers of examiners, including power 

to serve legal process and arrest. 

3. Report by examiners. 



Section 

4. Compensation. 

5. Salaries and expenses to be paid from 

receipts of department of motor 
vehicles. 

6. Special repeal; takes effect on passage. 



Commissioner of 
motor vehicles 
may appoint ex- 
aminers of appli- 
cants for opera- 
tor's license. 



Powers of exam- 
iners, including 
power to serve 
legal process and 
arrest. 



Report by 
examiners. 



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

Section 1. The commissioner of motor vehicles may from time 
to time, as he shall deem it expedient, appoint suitable persons as 
examiners of applicants for licenses to operate motor vehicles. The 
words motor vehicles for the purposes of this act shall be construed 
in the same manner as is defined in chapter 133 of the Laws of 
19U and amendments thereto. Such examiners shall hold office 
during the pleasure of the commissioner, and may be removed by 
him at any time. They shall be under his direction and supervi- 
sion, and shall act and incur expense only under his direction. 
They shall be exempt from liability for acts of other persons as 
provided in section 9, chapter 133 of the Laws of 1911 and amend- 
ments thereto. 

Sect. 2. Such examiners shall, under the direction of the com- 
missioner, have power to enforce all laws relating to motor vehicles 
and all rules and regulations in relation thereto, and may make 
arrests for violations thereof. They shall also have in motor vehicle 
matters power to serve criminal process and to require aid in exe- 
cuting the duties of their office and shall be entitled to the officers' 
fees for such service. They may arrest, without warrant and on 
view, in any part of the state, a person found violating a provision 
of chapter 133 of the Laws of 1911 and amendments thereto, take 
such person before a magistrate having jurisdiction for trial, and 
detain such person in custody at the expense of the state until 
opportunity is given to notify a prosecuting officer, if necessary, 
who shall forthwith prosecute such offender. The only compensa- 
tion allowed such commissioners under this section shall be the fees 
allowed the sheriffs for serving criminal process and three dollars 
($3) per day for attending court, all of which shall be taxed as 
costs. 

Sect. 3. The examiners shall make such detailed reports as 
may be required by the commissioner. They shall report all viola- 
tions and prosecutions, under chapter 133 of session Laws of 1911 
and amendiiients thereto, to the commissioner imniediatoly. 



1917] Chapter 152. 675 

Sect. 4. The compensation of the examiners shall be fixed by Compensation. 
the commissioner of motor vehicles. 

Sect. 5. All salaries and expense incurred by the commissioner salaries and ex 
to carry into effect the provisions of this act shall be paid out of fr'o^m® re^eipls^of** 
the receipts of the department of motor vehicles upon warrant of ^o^tor^^ehidel 
the governor. 

Sect. 6. So much of chapter 133 of the Laws of 1911 and special repeal; 
amendments thereto as is inconsistent with the provisions of this passage, 
act is hereby repealed, and this act shall take effect upon its 
passage. 

[Approved April 18, 1917.] 



CHAPTER 152. 

AN ACT IN AMENDMENT OF SECTION 14 OP CHAPTER 93 OF THE PUBLIC 
STATUTES, AS AMENDED BY CHAPTER 61, LAV^S OF 1901, CHAPTER 13, 
LAWS OF 1903, CHAPTER 139, LAWS OF 1911, CHAPTER 221, LAWS OF 
1913, RELATING TO xYTTENDANCE OP CHILDREN AT SCHOOL. 

Section l. Exemption of children over fourteen from necessity of attending school. 

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

Section 1. Amend section 14 of chapter 93 of the Public Stat- Exemption of 
utes, as amended by chapter 61, Laws of 1901, chapter 13, Laws of fourteen "from 
1903, chapter 139, Laws of 1911, and chapter 221, Laws of 1913,^Sin'g1chooi. 
bj^ adding at the end thereof the following: and provided further 
that whenever it shall appear to the superintendent of schools, or, 
if there is no superintendent, any member of the school board, that 
the educational welfare of any child above the age of fourteen will 
be best served by the withdrawal of such child from school, then 
the superintendent or member of the school board shall forward 
to the superintendent of public instruction a statement of the case 
with such evidence as the latter shall require with the recommenda- 
tion that the child be exempted from further attendance at school, 
j,nd the superintendent of public instruction, after such investiga- 
tion as he shall deem necessary, if he shall find that the facts war- 
rant, shall forthwith make an order exempting such child from 
attendance as recommended, so that said section as amended shall 
read as follows: 

Sect. 14. Every person having the custody and control of a 
child between the ages of eight and fourteen years, or of a child 



676 Chapter 152. [1917 

under the age of sixteen years unless such child shall have com- 
pleted the course of study prescribed for the elementary 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 con- 
dition 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 com- 
mon English branches, or, having acquired those branches, in other 
more advanced studies. Any person who does not comply with the 
requirements of this section shall be fined ten dollars for the first 
offense and twenty dollars for every subsequent offense, for the use 
of the district; provided, however, that any person having the cus- 
tody 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 re- 
sides shall pay to the district in which such child attends school 
tuition not to exceed the average cost per child of instruction for 
the regularly employed teachers and the cost of text-books, supplies 
and apparatus for such time as such attendance shall continue ; 
may permit such child to withdraw from school attendance for such 
time as he may deem necessary or proper ; or make such other order 
or orders with respect to the attendance of such child at school as 
in his judgment the circumstances require; and provided further 
that whenever it shall appear to the superintendent of schools, or, 
if there is no superintendent, any member of the school board, that 
the educational welfare of any child above the age of fourteen will 
be best served by the withdrawal of such child from school, then 
the superintendent or member of the school board shall forward to 
the superintendent of public instruction a statement of the case 
with such evidence as the latter shall require with the recommenda- 
tion that the child be exempted from further attendance at school, 
and the superintendent of public instruction, after such investiga- 
tion as he shall deem necessary, if he shall find that the facts war- 
rant, shall forthwith make an order exempting such child from at- 
tendance as recommended. 

[Approved April 18, 1917.] 



1917] 



Chapters 153, 154. 
CHAPTER 153. 



677 



AN ACT TO COMPENSATE OWNERS FOR DOMESTIC LIVE-STOCK KILLED OR 
WOUNDED IN THE OPEN SEASON FOR DEIER BY HUNTERS IN EACH 
YEAR. 



Section 

1. Fish and game fund chargeable with 
the damage to stock killed by deer 
hunters. Value, how assessed. 



Section 

2. Takes effect on passage. 



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

Section 1. For all domestic live-stock killed or wounded by fund *ch*ir|eXie 
hunters for deer, in the open season for deer, in any county, the :^ith the damage 

, . , n , , ,. Jn » -, *° sto^'k killed by 

state snail compensate the owners thereof. The amount of dam- deer hunters. 
ages in each case shall be assessed by the commissioner of a^icul- asLlsed."'^ 
ture or under his direction, and said sum, or sums, shall be a 
charge upon the fish and game fund and paid therefrom. 



Sect. 2. This act shall take effect upon its passage. 
[Approved April 18, 1917.] 



Takes effect on 
passage. 



CHAPTER 154. 



AN ACT RELATIVE TO OBSTRUCTIONS IN STATE HIGHWAYS. 



Section 

1. State highway department authorized 
to remove obstructions. Procedure 
in certain cases. 



Section 

2. Further procedure. Expense, how 

borne. 

3. Repealing clause; takes effect on 

passage. 



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

Section 1. Authority is hereby given the state highway depart- state highway 
ment to remove all obstructions in state roads, trunk line roads or authorized to 
state aid roads, but fences and the poles used by telephone, tele- tio™s.^Vrocedure 
graph or other public utilities shall not be removed until ten days''" certain cases. 
notice in writing of the intention to remove the same has been 
given to the owner or occupant of the land enclosed by such fence, 
or to his agent, or to the owner of the utility maintaining such 
poles. Such notice may be served by any agent of the state high- 
way department on such owner, occupant or agent, or on such 
utility or any agent or officer thereof. All such fences and poles 



16 



678 



Chapter 155. 



[1917 



Further proce- 
dure. Expense, 
how borne. 



Repealing clause; 
takes effect on 
passage. 



shall be removed within the time designated, and if not removed 
by the date affixed in such notice, the same may be forthwith re- 
moved by said department. The term public utilities as used in 
this act shall include railroads and street railways. 

Sect. 2. The notice of removal of any such pole shall designate 
the location in the highway to which the same shall be removed 
and such notice, together with affidavit or acceptance of service 
thereof, shall be recorded in the office of the clerk of the city or 
town in which such pole is located. The notice shall take effect 
when the same, with such affidavit or acceptance of service en- 
dorsed thereon, shall be thus recorded, and the ten days shall run 
from the date of such record. The location defined in such notice 
of any pole so removed, together with the wires thereon, shall be of 
the same validity as if located under the provisions of chapter 81 
of the Public Statutes, as amended by chapters 16, 81 and 92, 
Laws of 1897, and chapter 81, Laws of 1903. Any removal made 
in compliance with this act shall be at the expense of the owner. 

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 18, 1917.] 



CHAPTER 155. 

AN ACT PROVIDING FOR A CO-OPERATIVE SURVEY OF THE BOUNDARY LINE 
BETWEEN THE STATE OF NEW HAMPSHIRE AND THE STATE OF 
MAINE. 



Section 

1. Existing line to be surveyed and ad- 

ditional monuments erected. 

2. Surveyor to keep record and prepare 

map of work for use of state, and 
make report on or before Dec. 1, 
•1918. 



Shction 



$3,000 appropriated for expense, 
when Maine appropriates like 
amount. 

Repealing clause: takes effect on 
passage. 



Existing line to 
be surveyed and 
additional monu- 
ments erected. 



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

Section 1. As soon as practicable after the passage of this act, 
the governor, by and with the advice and consent of the council, 
shall appoint a surveyor, who shall be a civil engineer and who 
shall, under the direction of the governor and council, in conjunc- 
tion witli a surveyor to he appointed by the governor of tlie state 
of Maine, perambulate and survey the dividing line between the 
state of New Hampshire and the state of Maine, from the ancient 



1917] 



Chapter 156. 



679 



bound at the outlet of East Pond, at the head of the Salmon Falls 
river, to the northern terminus on the Canada line ; examine and 
identify as far as possible all existing monuments placed upon the 
line by former surveyors; erect or cause to be erected such addi- 
tional permanent monuments as may be necessary to plainly mark 
the line throughout its entire length, and said monuments, in addi- 
tion to such words, letters and dates thereon, as may be deemed 
necessary, shall have the elevations above sea-level indicated upon 
them. 

Sect. 2. Said surveyor shall make such other surveys with ref- Surveyor to keep 
erence to said line, and shall keep such records of his work andplr*^ map of work 
prepare such maps, for the use of the state, as the governor and an'd "make^ replTrt 
council may direct, and shall on or before December 1, 1918, ren-2? "'"i'^'^^^'",® 

"' ' . . ' ' Dec. 1, 1918. 

der to the governor and council a report covering such details of 
the work as they may require, who shall submit the same to the 
legislature at its next session, with such recommendations as they 
may think proper. 

Sect. 3. The sum of three thousand dollars is hereby appropri- $3,000 appropri- 
ated to be used for said survey on the part of the state of New when Matne^ap^' 
Hampshire when a like sum shall have been appropriated by the ^^"^fy" j^**^ ''''^ 
state of Maine to defray its part of the expenses of said joint sur- 
v-ey and markings. 

Sect. 4. All acts and parts of acts inconsistent with this act Repealing clause; 
are hereby repealed, and this act shall take effect upon its passage, passage. 

[Approved April 18, 1917.] 



CHAPTER 156. 

AN ACT RELATING TO THE QUALITY OP MILK AND PROVIDING FOR 
STANDARDIZED MILK. 



Section 

1. Adulteration of milk, skim-milk and 

cream prohibited. Standards of 
same established. Exception. Pen- 
alty. 

2. Standardized milk may be sold. 

3. Standardized mHk defined. 



Section 

4. Dealers in standardized milk to be 

licensed annually by state board of 
health. 

5. Receptacle for standardized milk, 

how labeled. 
0. Penalty. 
7. Takes effect on passage. 



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



Section 1. Section 17, chapter 127 of the Public Statutes, as Adulteration of 

-t r\ -r 01 r\r\t i • i ™''k- skim-milk 

amended by section 2, chapter 107, Laws of 1901, and section 1, and cream pro- 
chapter 71, Laws of 1911, is hereby amended by striking out the ards^of same" 



680 Chapter 156. [1917 

established. entire section and inserting in place thereof a new section to read 

Exception. <? n 

Penalty. aS lOllOWS : 

Sect. 17. If any person shall adulterate milk, skim-milk or 
cream with water or otherwise to be sold, or shall sell or offer for 
sale, or have in possession with intent to sell, any adulterated or 
unwholesome milk, skim-milk or cream containing any coloring 
matter or preservative, or any milk produced from sick or dis- 
eased cows, or cows fed upon any substance which may be dele- 
terious to the quality of milk, skim-milk or cream, or shall sell or 
offer for sale, or have in possession with intent to sell as milk, any 
milk from which the cream or a part thereof has been removed, 
he shall be fined not less than twenty-five nor more than two hun- 
dred dollars, or imprisoned not more than sixty days, or both. If 
upon analysis any milk shall be found to contain less than eleven 
and eighty-five one hundredths per cent, of milk solids, or less than 
three and thirty-five one hundredths per cent, of butter fat, or 
more than five hundred thousand bacteria per cubic centimeter, 
at the time of sale, or in the case of skim-milk, less than eight and 
one-half per cent, of milk solids exclusive of fat, or in the case of 
cream, less than eighteen per cent, of butter fat, or in the cases of 
butter and renovated butter, less than eighty per cent, of butter 
fat, or more than sixteen per cent, of water, such product shall not 
be deemed as of standard quality ; and the sale, offering for sale 
or having in possession with intent to sell, by any person, firm or 
corporation, of milk, skim-milk, cream, butter or renovated butter 
which fails to conform to the requirements herein specified, shall 
be punished by a fine of ten dollars. Provided, that pure natural 
milk which shall contain less than the amounts of solids and fats 
herein specified may be sold if every can, bottle, or other container 
in which such milk is shipped, sold or delivered, at wholesale or 
retail, is plainly labeled so as to show its guaranteed composition. 
standardized Sect. 2. Nothing Contained in section 17, chapter 127 of the 

milk may be sold. Pu^jic Statutes as amended, shall be construed as prohibiting the 
production or sale of so-called standardized milk as hereinafter de- 
fined and conditioned, 
standardized Sect. 3. Standardized milk is hereby defined as the product 

milk defined. resulting from the blending of milk or skim-milk with clean, fresh, 
natural cream, under proper sanitary conditions, and in such man- 
ner as to afford a milk of a certain definite composition. Such 
milk shall conform in all respects to the standards of quality and 
purity as provided in section 17 of chapter 127 of the Public Stat- 
utes, and amendments thereto, as amended by section 1 of this act. 
Dealers in stand Sect. 4. Every pcrsou, firm or corporation who desires to pro- 
ncenTe*d ™nnuaiiv^ duce a Standardized milk shall make application to the state board 
by state board of of health for a liccuse to this end, to be issued by the said board 
at its discretion, limited to a period of one year, and revokable for 
cause. 



1917] Chapter 157. 681 

Sect. 5. Every can, bottle or other container in which stand- Receptacle for 
ardized milk is shipped, sold or delivered, at wholesale or retail, miik. how ubeied. 
shall bear a label or tag giving the name of the producer and con- 
taining the words: Standardized to per cent, butter 

fat (stating the percentage of butter fat). 

Sect. 6. Any person, firm or corporation who shall standardize Penalty, 
milk as herein provided without first having procured a license so 
to do, or following revocation of his license, or who shall ship, sell 
or deliver any such milk not truthfully labeled as provided in sec- 
tion 4 [5], or any milk which has thus been reduced below the 
legal standard of quality, shall be fined not less than twenty-five 
nor more than two hundred dollars, or be imprisoned not more 
than sixty days, or both. 

Sect. 7. This act shall take effect upon its passage. Takes effect on 

passage. 

[Approved April 18, 1917.] 



CHAPTER 157. 

AN ACT TO AMEND '^AN ACT TO PROVIDE FOR THE INCORPORATION OP 
INSURANCE companies" APPROVED MARCH 15, 1917.* 

Section 1. Insurance against damage by bombardment, legalized. 

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

Section 1. Amend subdivision 1 of section 1 of said act by in- insurance against 
serting between the words "fly-wheels" and "breakage" the word bombardment, 
bombardment ; so that said subdivision as amended shall read as ^^* '^® " 
follows: 1. On property and rents and use and occupancy, against 
loss or damage by fire, lightning, earthquake, hail or other action 
of the elements; explosion (other than the explosion of steam boil- 
ers or fly-wheels) ; bombardment ; breakage or leakage of apparatus 
erected for extinguishing fires and on such apparatus against loss 
or damage by accidental injury and against liability of the insured 
for loss or damage to property caused thereby. 

[Approved April 18, 1917.] 



* Chapter 80, ante. 



682 Chapter 158. [1917 

CHAPTER 158. 

AN ACT RELATIVE TO THE UNUSED BALANCES OF MONEY APPROPRIATED 
FOR THE BENEFIT OP SOLDIERS AND SAILORS WHO SERVED IN THE 
WAR WITH SPAIN, AND OF MONEY TO BE RAISED FOR THE BENEFIT OF 
MEMBERS OF THE NATIONAL GUARD WHO SERVED ON THE MEXICAN 
BORDER. 



Section 

1. Unexpended balances to be returned 
to and treated as current funds. 
Payment of unpaid claims regu- 
lated. 



Section 

2. Surplus to be treated as money not 

appropriated. 

3. Takes effect August 31, 1917. 



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

Unexpended bai- SECTION 1. That the balance of the money appropriated by 
ret^^ned t^ and chapter 143, Laws of 1899 and chapter 140, Laws of 1901, for the 
fun^ds!^ ^Pa^Int* benefit of soldiers and sailors who served in the war with Spain, 
regura^ed^ *''*'™^ ^^^^ ^^^^ ^^ ^^^ treasurer in a separate account, shall be added to 
the current funds in the treasury and dealt with as money not 
appropriated, and shall not be carried as a liability upon the treas- 
urer's books. Provided, however, that upon satisfactory evidence 
that any person, claiming an amount which appears upon the pay 
roll to be due to any soldier or sailor and unpaid, is entitled to re- 
ceive the same, the treasurer may, without any further act of the 
legislature, pay such claim and enter such payment upon the pay 
roll, and the governor is hereby authorized to draw his warrant 
for the amount upon any money in the treasury not otherwise 
appropriated. 
Surplus to be Sect. 2. That any surplus of the money which shall be raised 

noT^appropTiL^ed. uudcr the provisions of an act to provide for the recognition of 
the services of the New Hampshire National Guard on the Mexican 
border, approved February 27. 1917.* above the amount required 
for the purposes of that act, shall be available for any purpose as 
money not appropriated. 
Takes eflfect Sect. 3. This act shall take effect on August 31, 1917. 

August 31, 1917. 

[Approved April 18, 1917.] 



* See chapter 38, ante. 



1917 



Chapter 159. 
CHAPTER 159. 



683 



AN ACT IN AMENDMENT OF CHAPTER 95, LAWS OP 1911, RELATING TO 
PORTABLE STEAM SAWMILLS. 



Section Section 

1. Portable steam sawmills to be 2. Penalty. 

equipped with sparK arrester, and 3. Takes effect July 1, 1917. 

slash removed from vicinity, when. 
Operator to notify forestry com- 
mission when mill removed from 
town to town. 

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

Section 1. Amend chapter 95, Laws of 1911, by striking out Portable steam 
all of section 1 and substituting in place thereof the following sec- gq^ped * wltii 
tion: Section 1. No person, except when the ground is covered ^P^^'^jg^^^j^^^^^^^^g^ 
with snow, shall operate any portable steam mill unless the same is ^^om vicinity, 

.. . , when. Operator 

provided with a suitable spark arrester, approved by the state for- to notify forestry 
ester, and unless the slash caused by wood and timber cutting mm removed 
shall have been removed for a distance not less than one hundred [ow™.*°^° *** 
feet from said mill, when required to do so by the state forester 
or his authorized agent. Such approval of a spark arrester shall 
be in writing signed by the state forester, and said approval may 
be revoked by him in the same manner. When any such mill is 
moved from one town or city to another said mill shall not be 
operated until the owner or operator thereof has notified the for- 
estry commission, or the district chief or the town forest fire warden 
of the new location of said mill. 

Sect. 2. Amend by striking out all of section 3 and substituting penalty. 
in place thereof the following: Sect. 3. Any person violating 
any of the provisions of this act shall be fined not less than fifty 
dollars and not more than one hundred dollars. 



Sect. 3. This act shall take effect July 1, 1917. 



Takes effect July 
1, 1917. 



[Approved April 18, 1917.] 



684 



Chapter 160. 
CHAPTER 160. 



[1917 



AN ACT TO PROVroE FOR INVESTIGATION BY THE ATTORNEY-GENERAL 
OF THE RISE IN PRICES OF THE NECESSARIES OF LIPE. 



Sbction 

1. On petition of 100 voters, attorney- 
general to investigate complaint of 
rise in prices of necessaries. Proc- 
ess. Penalty. 



Section 

2. Necessaries of life, not to include 
what. Act not to be construed to 
prevent effort to raise wages. 



On petition of 100 
voters, attorney- 
general to investi- 
gate complaint of 
rise in prices of 
necessaries. Pro- 
cess. Penalty. 



Necessaries of 
life, not to in- 
clude what. Act 
not to be con- 
strued to prevent 
effort to raise 
wages. 



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

Section 1. If, at any time, the price of any of the necessaries 
of life shall rise in price, the attorney-general shall, upon petition 
of one hundred registered voters of the state of New Hampshire, 
investigate the cause of such rise by instituting judicial proceed- 
ings, and is hereby empowered to summon persons with papers, 
and if such rise is found to be unreasonable or arbitrary, the per- 
son, firm, corporation or association, or one or more of these, respon- 
sible therefor shall be fined not less than one thousand dollars or 
be imprisoned for not less than one year, or shall be punished by 
both such fine and imprisonment. 

Sect. 2. For the purpose of this act work or labor performed 
upon a farm by the owners thereof or by other persons, and the 
fruits of such labor and labor of hand or brain performed in fac- 
tories or elsewhere by persons who are proletarians or near-prole- 
tarians shall not be construed as a necessary of life ; nor shall any 
attempt by an individual or combination of individuals who are 
primary wealth producers to raise the wages or compensation re- 
ceived in a gainful occupation, or to better their conditions of em- 
ployment, be construed as raising or attempting to raise the price 
of necessaries of life. 



[Approved April 18, 1917.] 



1917] 



Chapter 161, 
CHAPTER 161. 



685 



AN ACT IN AMENDMENT OF SECTION 6, CHAPTER 155, LAWS OP 1913, 
RELATING TO THE CLEARING OP LUMBER SLASH ALONG HIGHWAYS 
AS AMENDED BY SECTION 1, CHAPTER 100, LAWS OF 1915. 



Section 

2. Takes effect July 1, 1917. 



Sbotion 

1. Slash to be removed from railroad, 
highway, etc., certain distance. 
Distinction as to winter operations. 
Forestry commission to enforce. 
Penalty. Civil liability. 

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

Section 1. Section 6 of chapter 155, Laws of 1913, as amended siash to be re- 
by section 1, chapter 100, Laws of 1915, is hereby amended byroad, highway,' 
striking out the whole of said section and inserting in place thereof tlncel'^DrsUnct'fon 
the following: Sect. 6. On and after July 1, 1917, any person, ^^^*4^jfg*«^ 
firm or corporation cutting wood or lumber on property adjacent ^'^''^.^trycom- 

.,» -, . ., ... mission to en- 

to the right oi way of any steam or electric railroad or public high- force. Penalty, 
way, or adjacent to the land of another, shall dispose of the slash '^' '* ' * ^' 
caused by such cutting in such a manner that the inflammable 
material shall not remain on the ground within sixty (60) feet of 
the right of way of any steam railroad, or within twenty-five (25) 
feet of the right of way of any electric railroad or the traveled part 
of any public highway ; and when cutting on land adjacent to the 
land of another, shall fell the trees away from and not towards nor 
parallel with the property line of the abutting owner so that the 
slash from the tops of said trees, when on the ground, shall be as 
far from the said property line as the felling of the trees in a prac- 
ticable manner will carry it. 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 (10) dollars for each acre of such land 
or fraction thereof, or for each one hundred (100) linear feet or 
fraction thereof from which the inflammable material is not prop- 
erly removed or disposed of within sixty (60) days from the cut- 
ting of the trees thereon ; provided, that any owner or operator who 
cuts wood or timber during the winter, after November, shall have 
until May 3 in Grafton, Carroll and Coos counties, and until April 
1 in other counties, to remove the slash in accordance with the pro- 
visions of this section. If such slash is destroyed by burning, such 
burning shall be done with the permission of the town forest fire 
warden. The forestry commission is hereby charged with the exe- 
cution of this section. All owners or operators shall be required 
to use due care in clearing such land, and shall not be relieved of 
liability for damage imposed by chapter 128, Laws of 1909, and 



686 



Chapter 162. 



[1917 



Takes effect 
July 1, 1917. 



amendments thereto; but no owner of such land shall be liable for 
damages resulting from fires not set by himself or his agents. 
Sect. 2. This amendment shall take effect July 1, 1917. 

[Approved April 18, 1917.] 



CHAPTER 162. 

AN ACT TO PROVIDE FOR MEETING THE OBLIGATIONS OF THE STATE INCI- 
DENT TO THE ACCEPTANCE OF FEDERAL AID IN THE CONSTRUCTION 
OF ROADS. 



Section 

1. Faith and credit of state pledged. 

2. State highway commissioner author- 

ized to use certain moneys. 



Section 

3. State highway commission'fer empow- 

ered to represent state in co-opera- 
tion with federal agents. 

4. Takes effect on passage. 



Faith and credit 
of state pledged. 



State highway 
commissioner 
authorized to use 
certain moneys. 

State highway 
commissioner 
empowered to 
represent state 
in co-operation 
with federal 
agents. 

Takes effect on 
passage. 



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

Section 1. The state having assented to the provisions of the 
federal aid road act, Public Law — No. 156 — 64th Congress (H. R. 
7617), the faith and credit of the state is hereby pledged to make 
adequate provision, from time to time, by appropriation or other- 
wise, to meet all obligations of the state incident to the acceptance 
of federal aid under the provisions of said act. 

Sect. 2. To meet such obligations the highway commissioner is 
hereby authorized to use any money appropriated for highways not 
specifically required to be used elsewhere. 

Sect. 8. Full authority is hereby given to the highway commis- 
sioner to act for the state, in conjunction with the representatives 
of the federal government, in all matters relating to the location 
and construction of highways to be built with federal aid pur- 
suant to the provisions of said act. 

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



[Approved April 18, 1917.] 



1917] 



Chapters 163, 164. 
CHAPTER 163. 



687 



AN ACT RELATING TO THE REIMBURSEMENT OF CITIES AND TOWNS 
WHICH MAY ADVANCE FUNDS FOR THE IMPROVEMENT OF TRUNK 
LINE HIGHWAYS, 



Section 

1. Repayment provided for, on approval 
of governor and council. 



Section 

2. Takes effect on passage. 



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

Section 1. That any city or tOT^ni desirinff the immediate im- Repayment pro- 

. , . . , . • T • f. vided for, on 

provement oi that portion, lying withm said city or town, or any approval of gov; 
of the trunk line highways designated and known as the East Side, '^^^^^ ^^ 
West Side, Merrimack Valley, South Side, Rockingham or Ossipee- 
Meredith, or of the cross-state roads provided for by chapter 93, 
Laws of 1915, and heretofore designated, may improve the same 
at any time at the expense of such city or town, and to the satisfac- 
tion of the state highway commissioner. In such case the state 
shall thereafter pay to said city or town a sum sufficient to cover 
the proportion of such expense which is payable by the state, in 
such installments and at such times as funds may be available for 
that purpose, and approved by the governor and council. 



Sect. 2. This act shall take effect upon its passage. 
[Approved April 18, 1917.] 



Takes effect on 
passage. 



CHAPTER 164. 

AN ACT TO AMEND CHAPTER 93 OF THE LAWS OF 1915, RELATING TO 
CROSS-STATE HIGHWAYS. 



Section 

1. Certain state highway terminals fixed. 



Section 

2. Takes effect on passage. 



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

Section 1. Amend said section 1 of said chapter 93 by striking certain etate 
out in the twelfth line thereof the words ''in Keene or Marlboro " S^^'' terminaiB 
and inserting in place thereof the following, in Walpole near the 
Cold River bridge, so that said section as amended will read as 
follows: Section 1. The highway commissioner may designate 
for improvement by suitable description, whenever in his opinion 
the public good so requires, a system of continuous highways which 



688 



Chapter 165. 



[1917 



Takes effect on 
passage. 



shall include the following, and file the same with the secretary of 
state: From Claremont to Rochester, or to Dover; from Clare- 
mont to Plymouth ; from Plymouth to Haverhill ; from Lebanon 
to Franklin; from Laconia to Rochester; from Concord to the 
Massachusetts line in Cheshire county ; from Lancaster to Gorham ; 
from Waterford bridge in Littleton to Franconia Notch ; from the 
East Side road in Ossipee, through Wolfeboro and Alton, to the 
Merrimack Valley road at Suncook in Pembroke; from the South 
Side road in Walpole near the Cold River bridge to the Massachu- 
setts state line in Fitzwilliam ; from Taylor 's Falls bridge in Hud- 
son to Derry Depot in Derry. 

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

[Approved April 18, 1917.] 



CHAPTER 165. 

AN ACT IN AMENDMENT OF CHAPTER 162, LAWS OP 1913, RELATING TO 
THE ROCKINGHAM ROAD, 



Towns anable to 
bear their share 
of the expense, 
relieved how. 



lifaintenance of 
road after 
improvements 
completed. 



Section 

1. Towns unable to bear their share of 
the expense, relieved how. 



Section 

2. Maintenance of road after improve- 
ments completed. 



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

Section 1. Section 4, chapter 162 of the Laws of 1913, is here- 
by amended by adding to the end of said section the following 
words, and such further sums, in towns unable to pay that propor- 
tion, as in the opinion of the highway commissioner may be equit- 
able so that said section shall read : Sect. 4. Cities and towns 
through which such highways shall pass shall receive from funds 
herein provided one-half of the cost of such improvements within 
their limits, and such further sums, in towns unable to pay that 
proportion, as in the opinion of the highway commissioner may be 
equitable. 

Sect. 2. Section 8 of said chapter 162 of the Laws of 1913 
is hereby repealed and the following section is substituted in place 
thereof. so that said section shall hereafter read as follows: Sect. 
8. Said highway, after improvements are made as herein provided 
for, shall be maintained in accordance with the provisions of section 
20, chapter 35, Laws of 1905 (added to said chapter by chapter 
155, Laws of 1909), as amended by section 2, chapter 192, Laws of 
1911. 



[Approved April 18, 1917.] 



1917] 



Chapters 166, 167. 
CHAPTER 166. 



689 



AN ACT RELATING TO THE POWERS AND DUTIES OF ARMED GUARDS. 



Section 

2. Takes effect on paseage. 



Section 

1. Guards, police, sheriffs, etc., empow- 
ered to require person approaching 
property under guard, to explain 
presence. Governor empowered to 
make regulations for armed 
guards. 



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

Section 1. Any member of the home guard, police officer, spe- Guards, police, 
eial police officer, constable, sheriff, or other public officer, who enfpow^ed to 
may be detailed as an armed guard of any public property or the ^ppro'^chin"*'" 
property of any railroad, street or electric railway, public utility p^^p^^^^^^^'^'^^j^j^ 
or manufacturing plant, or other property described in an act en- presence. Gov- 
titled "An Act relating to willful and malicious injuries" ap- to make reguia- 
proved April 12, 1917, may, while on duty, require any person guards"'^ ^'^"'^^ 
approaching such property to explain his presence there, may 
search his person, place him under arrest or order him to leave 
the premises forthwith, and may fire upon any such person who 
attempts to injure such property or the person of the guard, or to 
resist arrest or, in violation of his orders, to approach the property 
or to escape. The governor may issue such further general or 
special orders affecting the powers and duties of such armed guards 
as in his judgment may be necessary for the public safety. 

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

passage. 

[Approved April 18, 1917.] 



CHAPTER 167. 

AN ACT RELATIVE TO THE RAISING OF MONEY BY TOWNS IN TIME OF 

WAR. 



Section 

1. Certain statutes not to apply to 
money to be raised for public de- 
fense in time of war. 



Section 

2. Takes effect on passage. 



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

Section 1. That that portion of section 4 of chapter 40 of the Certain statutes 
Public Statutes, as amended by section 1, chapter 64, Laws of money to* be^ raised 



690 



Chapter 168. 



[1917 



for public defense 1915, which provides that no money shall be raised or appropriated 
ime o war. ^^ ^^^ special town meeting unless the ballots east at such meeting 
shall be equal in number to at least one-half of the number of legal 
voters borne on the checklist of the town at the annual or biennial 
election next preceding such special meeting, shall not apply to 
money to be raised for the public defense or any military purpose 
in time of war. 

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



Takes effect on 
passage. 



[Approved April 18, 1917.] 



CHAPTER 168. 

AN ACT TO PREVENT STOCK-WATERING AND EXCESSIVE CAPITALIZATION 
OF RAILROADS AND PUBLIC UTILITIES. 



Section 

1. Over capitalization not to be author- 
ized by the public service commis- 
sion. 



Section 

2. Repealing clause; takes effect on 
passage. 



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



Over capitaliza- 
tion not to be 
authorized by the 
commission. 



Repealing clause; 
takes effect on 
passage. 



Section 1. The public service commission shall have no power 
to authorize the capitalization, directly or indirectly, of any fran- 
chise to be a corporation or of any franchise or any right to own, 
operate or enjoy any franchise whatever in excess of the amount 
(exclusive of any tax or annual charge) actually paid to the state 
or to a political subdivision thereof as a consideration for the 
grant of such franchise or right, all such franchises, rights and 
privileges being granted in the public interest only, and not justly 
subject to capitalization against the public. 

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



[Approved April 18, 1917.] 



1917 



Chapter 169. 



691 



CHAPTER 169. 

AN ACT IN AMENDMENT OF SECTION 6, CHAPTER 95, LAWS OF 1903, 
ENTITLED, '*AN ACT TO REGULATE THE TRAFFIC IN INTOXICATING 
LIQUOR," AS AMENDED BY SECTION 3, CHAPTER 49, LAWS OF 1905, AS 
AMENDED BY SECTION 1, CHAPTER 18, LAWS OF 1911, AS AMENDED 
BY SECTION 1, CHAPTER 41, LAWS OF 1915. 



Section 

1. License to be issued to registered 
pharmacist operating drugstore, 
when. 



Section 

2. Repealing clause; 
passage. 



takes effect on 



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

Section 1. Amend section 6, chapter 95, Laws of 1903, entitled License to be 

m>----i- -11 issued to regis- 

An Act to regulate the tramc in intoxicating liquor, as amended tered pharmacist 
by section 3, chapter 49, Laws of 1905, as amended by section 1, Xre^ wLn.'^'^^ 
chapter 18, Laws of 1911, as amended by section 1, chapter 41, 
Laws of 1915, by adding to subdivision 5 the following: A regis- 
tered pharmacist who owns stock of the actual value of at least 
five hundred dollars in a corporation which has been incorporated 
for the purpose of carrying on the drug business, and who con- 
ducts in person the business of a store of such corporation, shall be 
entitled to receive a license for such store in his own name, provided 
he be otherwise qualified. A registered pharmacist who is a mem- 
ber of a partnership which has been formed for the purpose of 
carrying on the drug business, and who conducts in person the 
business of a store of such partnership, shall be entitled to receive 
a license for such store in his own name, provided he be otherwise 
qualified, so that said subdivision as amended shall read as follows : 
Fifth Class. For retail druggists and apothecaries to sell liquor 
of any kind for medicinal, mechanical, chemical and sacramental 
purposes only, and for dealers in hardware, paints and decorating 
materials to sell alcohol for mechanical and chemical uses only, 
the same to be sold in accordance with the provisions of this act. 
Any druggist, not a registered pharmacist, who shall have been 
continually in active business as a druggist for five years, and 
who employs a registered pharmacist, shall be entitled to a license 
in his own name under this subdivision, provided he be otherwise 
qualified. A registered pharmacist who owns stock of the actual 
value of at least five hundred dollars in a corporation which has 
been incorporated for the purpose of carrying on the drug business, 
and who conducts in person the business of a store of such corpora- 
tion, shall be entitled to receive a license for such store in his own 
name, provided he be otherwise qualified. A registered pharmacist 
who is a member of a partnership which has been formed for the 
purpose of carrying on the drug business, and who conducts in per- 



692 



Chapter 170. 



[1917 



Repealing clause ; 
takes effect on 
passage. 



son the business of a store of such partnership, shall be entitled to 
receive a license for such store in his own name, provided he be 
otherwise qualified. 

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

[Approved April 18, 1917.] 



CHAPTER 170. 

AN ACT FOR THE BETTER PROTECTION OF BROOK TROUT IN THE ELLIS 
AND WILDCAT RIVERS, THEIR TRIBUTARIES, THE EAST AND V?:EST 
BRANCHES OF THE SACO RIVER AND THE PONDS IN CARTER NOTCH, 
ALL SITUATED IN THE NORTHERN PART OF CARROLL AND SOUTHERN 
PART OF COOS COUNTIES, 



Section 

1. May 1 to August 1, open season. 

2. Penalty. 



Section 

3. Repealing clause; 
passage. 



takes effect on 



May 1 to August 
1, open season. 



Penalty. 



Repealing clause ; 
takes effect on 
passage. 



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

Sect. 1. No person shall, between the first day of August and 
the first day of May next following, catch, kill or take, in any man- 
ner, any brook or speckled trout from the Ellis or Wildcat rivers 
or any brooks or tributaries emptying into same, or from the east 
or west branches of the Saco river or the ponds in Carter's Notch, 
or any of the brooks or tributaries emptying into same ; all situated 
in the northern part of Carroll and the southern part of Coos 
counties. 

Sect. 2. Any person violating the provisions of this act shall 
be liable to a fine of twenty (20') dollars. 

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



Approved April 18, 1917.] 



etc. 



1917] Chapter 171. [ %ll 693 

CHAPTER 171. 

AN ACT IN AMENDMENT OF CHAPTER 162, LAWS 1915, AS AMENDED BY 
AN ACT APPROVED MARCH 15, 1917, RELATING TO TRUST FUNDS HELD 
BY TOWNS AND CITIES.* 

Section 1. Trust funds may be invested in U. S. bonds, notes, etc. 

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

Section 1. Amend section 3 of chapter 162 of the Laws of Trust funds may 
1915 as amended by an act approved March 15, 1917, by inserting s. bondV not'es, ' 
in the fifth line of said section after the words "savings bank in 
this state" the words or in bonds, notes, or other obligations of the 
United States government, so that said section as amended shall 
read as follows: Sect. 3. Said board of trustees shall have the 
custody of all trust funds held by their respective town or city, in- 
cluding all trust funds held at the date of the passage of this act 
and hereafter received. Said funds shall be invested only by 
deposit in some savings bank in this state or in bonds, notes, or 
other obligations of the United States government, or in state, 
county, town, city, and school district bonds and the notes of towns 
or cities in this state, and when so invested said trustees shall not 
be liable for the loss thereof. Said board of trustees may retain 
investments now held, and investments as received from donors, 
until the maturity thereof. Such funds or the income thereof 
shall be expended only upon the joint action of the full board. 
The accounts of said board of trustees shall annually be audited 
by the auditor of the town or city, and the securities shall be ex- 
hibited to said auditor and he shall certify to the town or city the 
facts found by his audit and the list of all securities held, which 
report shall be printed in the annual report of each town or city. 
Said board of trustees shall annually submit to said auditor a de- 
tailed statement of the securities held by them and the particular 
trust to which they belong, and exhibit to him a statement of all 
receipts and expenditures with proper vouchers, which report of 
said trustees shall be printed in the annual report of each town 
and city. Said trustees shall keep a record of all trusts in a record 
book, which shall be open to the inspection of all persons in their 
respective town or city. 

[Approved April 18, 1917.] 



Chapter 75, ante. 



17 



694 



Chapter 172. 
CHAPTER 172. 



[1917 



AN ACT CONFERRING FURTHER JURISDICTION UPON THE PUBLIC SERVICE 
COMMISSION RELATING TO RAILROAD RATES AND FARES. 



Public service 
commission 
empowered to 
regulate fares 
and freight rates. 
Application by 
railroad for leave 
to increase, 
deemed accept- 
ance of this act. 



Section 

2. Takes effect on passage. 



Takes effect oa 
passage. 



Section 

1. Public service commission empowered 
to regulate fares and freight rates. 
Application by railroad for leave 
to increase, deemed acceptance of 
this act. 



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

Section 1. The legal rates for fares and freights over any 
railroads consolidated under the provisions of any act passed at 
this session of the legislature and over any railroads leased or 
united under the provisions of chapter 100 of the Laws of 1883, 
chapter 5 of the Laws of 1889, and chapter 156 of the Public Stat- 
utes, shall be such as are from time to time fixed and allowed by 
the public service commission in accordance with the general pro- 
visions of chapter 164 of the Laws of 1911 and amendments thereto; 
but nothing in this act contained shall be construed as repealing, 
suspending or modifying chapter 100 of the Laws of 1883, chapter 
5 of the Laws of 1889, chapter 156 of the Public Statutes or chap- 
ter 106 of the Laws of 1913, except that the restrictions contained 
in said statutes upon the maximum rates and fares to be charged 
by said railroads are hereby repealed, and the rates and fares from 
time to time fixed and allowed by the public service commission 
are substituted as the legal maximums in place of the maximums 
fixed by said statutes. The application by any such railroad for 
leave to increase any of its rates or fares above the maximum rates 
and fares now in force shall be deemed an acceptance of all the 
provisions of this section. 

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



[Approved April 18, 1917.] 



1917] 



Chapter 173. 
CHAPTER 173. 



695 



AN ACT RELATING TO THE REGISTRATION OF INFORMATION CONCERNING 

ALIENS. 



Section Section 

1. Governor authorized to require aliens, 2. Takes effect on passage, 

in time of war, to register. Per- 
sons entertaining aliens required 
to notify authorities. Penalty. 

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

Section 1. Whenever between the United States of America Governor author- 
and any foreign country a state of war shall exist or shall be im- aliens" il^^^l 
minent, the governor may, by proclamation, direct and require ^^*^'«^^^^*°^^^^^'S" 
every subiect or citizen of such foreign country within this state entertaining 

. , . r. 1 p, 1 1 ^- J aliens required to 

to appear withm twenty-tour hours alter such proclamation and notify authorities. 
from time to time thereafter within twenty-four hours after his ^^^ ^' 
arrival in this state before such public" authorities as the governor 
may in such proclamation direct, and then and there such subject 
or citizen of such foreign country shall personally register his 
name, residence, business, length of stay and such information as 
the governor may from time to time in such proclamations pre- 
scribe. The person in control, whether owner, lessee, manager or 
proprietor, of each hotel, inn, boarding house, rooming house, 
building and private residence shall within twenty-four hours after 
such proclamation notify such public authorities of the presence 
therein of every such subject or citizen of such foreign country 
and shall each day thereafter notify such public authorities of the 
arrival thereat and departure therefrom of every such subject or 
citizen. A failure to comply with all the requirements of any 
such proclamation or to do or perform any of the acts herein pro- 
vided shall be a misdemeanor and shall be punished by a fine not 
exceeding one thousand dollars or by imprisonment for not ex- 
ceeding one year or both. 



Sect. 2. This act shall take effect upon its passage. 
[Approved April 18, 1917.] 



Takes effect on 
passage. 



696 



Chapters 174, 175. 



[1917 



CHAPTER 174. 

AN ACT TO AMEND SECTION 7 OP CHAPTER 176 OF THE LAWS OF 1915 
RELATING TO THE MANAGEMENT AND CONTROL OF STATE INSTITU- 
TIONS. 



Section 

1. Governor and council authorized to 
appropriate fund for working cap- 
ital for purchasing agent, etc. 



Section 

2. Takes effect on passage. 



Governor and 
council author- 
ized to appropri- 
ate fund for 
working capital 
for purchasing 
agent, etc. 



Takes effect on 
passage. 



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

Section 1. Amend section 7 of chapter 176 of the Laws of 
1915 by striking it out and inserting in place thereof the follow- 
ing: Sect. 7. The governor and council are hereby authorized 
to draw their warrant on the treasurer for any money in the treas- 
ury not otherwise appropriated, for such sum or sums, to be ad- 
vanced to the credit of the state treasurer or the purchasing agent, 
to be used as working capital, as may appear to them necessary 
and proper for the prompt payment of bills contracted by the pur- 
chasing agent, and for such other claims against the state, duly 
approved, as the governor and council may specifically direct. 

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

[Approved April 18, 1917.] 



CHAPTER 175. 

AN ACT TO PROVIDE FOR THE APPOINTMENT OF TEMPORARY HEADS OP 
STATE DEPARTMENTS IN CASE OF INCAPACITY BY REASON OF ILLNESS 
OR OTHERWISE. 



Section 

1. Governor and council may appoint 
temporary heads of departments, 
in emergency; and fix compensa- 
tion. 



Section 

2. Takes effect on passage. 



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

Governor and SECTION 1. That in case of the temporary inability, by reason 

appofnt "emporary of illness or otlicrwisc, of the head of any state department, to 
mTn^tl^iVemer' perform his duties, where the law does not designate or make other 
gency: and fix provisiou for the appointment of an officer to perform such duties, 

compensation. * i • -i i. i 

the governor with the advice and consent of the council may ap- 



1917] 



Chapter 176. 



697 



point a person to act in his stead, and the person thus appointed 
shall have the powers and perform the duties of such head of de- 
partment for such time, for such compensation and subject to such 
qualifications as the governor and council may from time to time 
deem expedient. 

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

[Approved April 18, 1917.] 



Takes effect on 
passage. 



CHAPTER 176. 



AN ACT IN AMENDMENT OF SECTION 8, CHAPTER 95, LAWS OF 1903, EN- 
TITLED "an act to REGULATE THE TRAFFIC IN INTOXICATING LIQ- 
UOR/' AS AMENDED BY SECTION 5, CHAPTER 49, LAWS OF 1905, AS 
AMENDED BY SECTION 1, CHAPTER 118, LAWS OF 1909. 



Section 

1. Issuance of certain licenses limited. 



Section 

2. Repealing clause; takes effect on 
passage. 



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

Section 1. Amend section 8, chapter 95, Laws of 1903, entitled issuance of cer- 
' ' An Act to regulate the traffic in intoxicating liquor, ' ' as amended ifmUed"^"^^^ 
by section 5, chapter 49, Laws of 1905, as amended by section 1, 
chapter 118, Laws of 1909, by striking out all of subdivision 6 of 
said section and by substituting in place thereof the following: 
6. A license shall not be granted to : 

(a) A co-partnership of the second, third and fourth class, un- 
less all the members of such co-partnership shall be citizens of the 
United States, and shall have been residents of the town or city 
within which they desire to carry on the liquor business, for one 
year last prior to the filing of their application. 

(b) A co-partnership of the fifth class, unless one or more of the 
members of such co-partnership, owning at least one-half interest 
in the business thereof, shall be a citizen of the United States and 
shall have been a registered pharmacist of New Hampshire and an 
actual resident thereof, for one year last prior to the filing of their 
application ; or, unless one or more of the members of such co- 
partnership, owning at least one-half interest in the business there- 
of, and being a citizen of the United States and having been an 
actual resident thereof, for one year last prior to the filing of the 
application, be a druggist and not a registered pharmacist, and 
shall have been continually in active business as a druggist for five 



698 



Chapter 177. 



[1917 



Repealing clause; 
takes effect on 
passage. 



years last prior to the filing of the application, and the co-partner- 
ship employs a registered pharmacist. 

(c) A co-partnership of the sixth, eighth and ninth class, unless 
one or more of the members of such co-partnership, owning at 
least one-half interest in the business thereof, shall be a citizen of 
the United States and a resident of the town or city within which 
they desire to exercise the license for one year last prior to the fil- 
ing of their application. 

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

[Approved April 18, 1917.] 



CHAPTER 177. 

AN ACT TO MORE EFFECTIVELY RESTRAIN AGREEMENTS TO REGULATE 
AND FIX PRICES OF COMMODITIES IN THIS STATE AND TO RESTRAIN 
COMBINATIONS AND MONOPOLIES IN COMMODITIES AND PROVIDE PEN- 
ALTIES THEREFOR. 



Section 

1. Word "person" includes corporation, 

partnerships and association. 

2. "Trust" defined. 

3. Formation of trust or combination 

for purpose of fi.xing prices or con- 
trolling production, prohibited. 

4. Violation deemed conspiracy; pen- 

alty. 



Section 

5. Violation to be prosecuted to final 

judgment, unless. 

6. Witness testifying, not to be prose- 

cuted thereafter for any act dis- 
closed by his evidence. 

7. Certain organizations not deemed to 

come within purview of this act. 

8. Repealing clause. 

9. Takes effect on passage. 



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



Word "person" 
includes corpora- 
tion, partnerships 
and association. 



"Trust" defined. 



Section 1. The word person or persons, as used in this act, in- 
cludes corporations, partnerships and associations existing under 
or authorized by any state or territory of the United States or a 
foreign country. 

Sect. 2. A trust is a combination of capital, skill or acts by 
two or more persons, firms, partnerships, corporations or associa- 
tions of persons, for any or all of the following purposes : 

First. To create or carry out restrictions in trade or commerce. 

Second. To limit or reduce the production or increase or reduce 
the price of merchandise or a commodity. 

Third. To prevent competition in manufacturing, making, 
transportation, sale or purchase of merchandise, produce or a 
commodity. 



1917] Chapter 177. 699 

Fourth. To fix a standard or figure, whereby the price to the 
public or consumer is in any manner controlled or established of 
an article or commodity of merchandise, produce or commerce in- 
tended for sale, barter, use or consumption in this state. 

Fifth. To make, enter into, execute or carry out contracts, 
obligations or agreements of any kind or description, by which 
they bind or have bound themselves not to sell, dispose of, or trans- 
port an article or commodity, or any article of trade, use, mer- 
chandise, commerce or consumption below a common standard figure 
or fixed value, or by which they agree in any manner to keep 
the price of such article, commodity or transportation at a fixed 
or graduated figure, or by which they shall in any manner estab- 
lish or settle the price of an article, commodity or transportation 
between them or themselves and others so as to directly or indi- 
rectly preclude a free and unrestricted competition among them- 
selves, purchasers or consumers in the sale or transportation of 
such articles or commodity or by which they agree to pool, com- 
bine, or directly or indirectly unite any interests which they have 
connected with the sale or transportation of such article or com- 
modity that its price may in any manner be affected. Such trust 
as is defined herein is unlawful against public policy and void. 

Sect. 3. It shall not be lawful for a person, partnership, asso- Formation of 
ciation or corporation or an agent thereof to issue or own trust Hoi^ for pu^poL^ 
certificates, or for a person, partnership, association or corporation, coiftromng'' pro- ""^ 
or an officer or emplovee thereof, or a director or stockholder of a?,^^'^'^"' p^ohib- 

. . . ited. 

corporation to enter into a combination, contract or agreement 
with any person or persons, corporation or corporations, or a stock- 
holder or director thereof, the purpose and effect of which is to 
place the management or control of such combination or combina- 
tions, or the manufactured product thereof in the hands of a trus- 
tee or trustees with the intent to limit or fix the price or lessen 
the production and sale of an article of commerce, use or consump- 
tion, or to prevent, restrict or diminish the manufacture or output 
of such article. 

Sect. 4. A violation of any or all of the provisions of this act violation deemed 
is a conspiracy against trade, and a person engaged in such eon- pena^ty^*'^ ' 
spiracy or taking part therein, or aiding or advising in its com- 
mission, or, as principal, manager, director, agent, servant or 
employee, or in any other capacity, knowingly carrying out any of 
the stipulations, purposes, prices or rates, or furnishing any 
information to assist in carrying out such purposes, or orders there- 
under, or in pursuance thereof, or in any manner violating a pro- 
vision of this act, shall be fined not less than fifty dollars, nor 
more than five thousand dollars, or imprisoned not less than six 
months nor more than one year, or both; provided, however, that 
when the violation of the provisions of this chapter consists of a 
combination to control the price of supply, or to prevent compe- 



700 



Chapter 177. 



[1917 



Violation to be 
prosecuted to 
final judgment, 
unless. 



Witness testifying, 
not to be prose- 
cuted thereafter 
for any act dis- 
closed by his 
eyidence. 



Certain organiza- 
tions not deemed 
to come within 
purview of this 
act. 



Repealing clause. 



Takes effect on 
passage. 



tion in the sale of bread, butter, eggs, flour, meat, vegetables, or 
coal, or of any one of such articles, the person or persons thus en- 
gaged shall upon conviction thereof be fined in any sum not less 
than five hundred dollars and imprisoned in the state prison or 
jail not less than one nor more than five years; each day's viola- 
tion of any of the provisions of this act shall constitute a separate 
offense. 

Sect. 5. A prosecution for the violation of any of the provi- 
sions of this act shall not, unless the purposes of justice require such 
disposition, be placed on file or disposed of except by trial and 
judgment according to the regular course of criminal proceedings. 
It shall be otherwise disposed of only upon motion in writing stat- 
ing specifically the reasons therefor and verified by affidavit if 
facts are relied on. If the court or magistrate certifies in writ- 
ing that he is satisfied that the cause relied on exists and that the 
interests of public justice require the allowance thereof, such 
motion shall be allowed and said certificate filed in the case. 

Sect. 6. No person called as a witness to testify at any pro- 
ceedings under this act shall be excused from answering any ques- 
tions material to the proof of a violation of any of the provisions 
of this act or from producing any books, papers or documents which 
are so material, on the ground that his testimony will tend to in- 
criminate him ; but no person shall be prosecuted in any criminal 
proceeding, or subjected to any penalty or forfeiture for or on 
account of any transaction, matter or thing concerning which he 
may testify or produce evidence, documentary or otherwise, in any 
such proceeding. 

Sect. 7. Nothing contained in this act shall be construed to 
forbid the existence and operation of labor, agriculture, or horti- 
cultural organizations, instituted for the purposes of mutual help 
and not having capital stock or conducted for profit, or to forbid 
or restrain individual members of such organizations from law- 
fully carrying out the legitimate objects thereof; nor shall such 
organizations, or members thereof, be held or considered to be ille- 
gal trusts or conspiracies against trade, under this act. 

Sect. 8. Nothing in this act shall be construed as repealing 
any other act, or part of an act. except acts, or parts of acts, if any 
there be, which are inconsistent herewith. 

Sect. 9. This act sliall take effect upon its passage. 

[Approved April 18, 1917.] 



1917] 



Chapter 178. 
CHAPTER 178. 



701 



AN ACT IN AMENDMENT OF CHAPTER 47 OF THE LAWS OF 1913, BEING 
"an ACT TO PROVroE FOR THE CONSTRUCTION OP DAMS OF A HEIGHT 
IN EXCESS OF TWENTY-FIVE FEET UNDER THE SUPERVISION OF A 
STATE INSPECTOR." 



Section 

1. Person proposing to erect a dam, re- 
quired to file statement of pro- 
posed location and height. Public 
service commission given jurisdic- 
tion over such. 



Section 

2. Commission empowered to require re- 

construction, etc. 

3. Takes effect on passage. 



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

Section 1. Chapter 47 of the Laws of 1913, beinff "An Act f^rson proposing 

^ . . -to erect a dam, 

to provide for the construction of dams of a height in excess of required to flie 
twenty-five feet under the supervision of a state inspector, ' ' is posed location and 
hereby amended by adding to section 1 the following : No person service commls- 
shall begin the construction of any dam in this state until he has fu*^^s^c't!on over 
filed with the public service commission a statement of the height such. 
of the proposed dam and of the location at which it is to be erected. 
The commission shall thereupon make investigation, and if after 
notice and hearing it shall find that said dam, if improperly con- 
structed, would be a menace to the public safety, said dam shall 
be in all respects subject to the provisions of this act in the same 
manner as dams of a height in excess of twenty-five feet. 

Sect. 2. Said act is further amended by inserting after section Commission em 
4 of said act a new section, to be numbered section 5, as follows : require recon 
Sect. 5. It shall be the duty of said commission from time to time ®*''^*'**°°' **"■ 
to cause all dams in the state of a height in excess of twenty-five 
feet, and all other dams which by reason of their height and loca- 
tion would be a menace to the public safety, if improperly con- 
structed or maintained, to be inspected by competent engineers. If 
such inspection shall indicate that the public safety requires the 
repairing or reconstruction of any such dam, the commission shall, 
after notice and hearing, order the owner of such dam to make the 
requisite repairs or reconstruction within a period to be fixed by 
the order, and by correspondingly renumbering the succeeding 
sections of said act. 



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



Takes effect on 
passage. 



[Approved April 18, 1917. 



702 



Chapter 179. 
CHAPTER 179. 



[1917 



AN ACT IN AMENDMENT OF CHAPTER 128, LAWS OP 1909, AS AMENDED 
BY CHAPTER 166, LAWS OP 1911, RELATING TO THE PAYMENT OF 
FOREST FIRE BILLS. 



Section 

1. Expense incurred by forest fire war- 
dens, in fighting fires, how borne. 
Procedure. 



Expense incurred 
by forest fire 
wardens, in 
fighting fires, 
how borne. 
Procedure. 



Section 

2. Takes effect on passage. 



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

Section 1. Section 9 of chapter 128, Laws of 1909, as amended 
by chapter 166, Laws of 1911, is hereby amended by striking out 
the words "as the case may be" and substituting therefor the 
words or the proper city department ; and the said section 9 is 
further amended by striking out the words "within one month of 
the date" and substituting therefor the words as soon as possible 
after; and the said section 9 is further amended by striking out 
in the eighteenth and nineteenth lines thereof the words ' * who shall 
draw his order on the state treasurer" and substituting therefor 
the following, who, if he finds the same to be correct, shall forward 
it to the state treasurer with his approval, and the governor shall 
draw his warrant on the state treasurer ; and the said section 9 is 
further amended by adding at the end thereof the following: If 
any such bill is not paid by a town or city within thirty days from 
the date rendered by the forest fire warden the state forester may 
investigate the cause thereof and may issue an order for the pay- 
ment of said bill. Upon receipt of said order the said bill shall 
be paid forthwith by the selectmen of the town or the mayor of 
the city or the proper city department ; so that the said section 9 
as amended shall read : Sect. 9. The expenses of fighting forest 
and brush fires in towns and cities, and other expenses lawfully in- 
curred by forest fire wardens and deputy forest fire wardens of said 
towns and cities in preventing forest fires, shall be borne equally 
by the town or city and by the state. The forest fire wardens shall 
render to the selectmen or the mayor or the proper city depart- 
ment a statement of said expenses as soon as possible after they are 
incurred, which said bill sliall sliow in detail the amount and char- 
acter of the services performed, the exact duration thereof, and all 
disbursements made by said wardens, and must bear the approval 
of the forest fire warden, and the approval also of the deputy 
forest fire warden, if said expenses were incurred by the authority 
of said deputy forest fire warden ; said bill shall be audited, and 
if approved by the selectmen of the town or mayor of the city 
wherein such services were incurred, shall be paid on the order of 



1917' 



Chapter 180. 



703 



the selectmen by the town or city treasurer. A duplicate bill, 
showing that the same has been audited and paid by the town, 
shall be filed by the selectmen or the mayor with the state forester, 
who, if he finds the same to be correct, shall forward it to the state 
treasurer with his approval, and the governor shall draw his war- 
rant on the state treasurer in favor of said town or city for the 
portion of said bill for which the state is liable in accordance with 
the provisions of this section. If any such bill is not paid by a 
town or city within thirty days from the date rendered by the for- 
est fire warden the state forester may investigate the cause thereof 
and may issue an order for the payment of said bill. Upon receipt 
of said order the said bill shall be paid forthwith by the select- 
men of the town or the mayor of the city or the proper city depart- 
ment. 

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



Takes effect on 
passage. 



[Approved April 18, 1917. 



CHAPTER 180. 

AN ACT TO PROVIDE FOR THE FREEING OF ELIOT TOLL BRIDGE AND 
AUTHORIZE STRAFFORD COUNTY TO MAINTAIN THAT PART LYING 
WITHIN SAID COUNTY. 



Section 

1. County commissioners empowered to 

co-operate with commissioners of 
York county, Maine. 

2. If commissioners unable to agree, 

may petition superior court to fix 
value of portion in N. H. Appeal. 



Section 
3. Strafford county commissioners em- 
powered to arrange with York 
county commissioners for mainte- 
nance and future up-keep. 
4. Takes effect when Maine grants sim- 
ilar power to York county commis- 
sioners. 



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



• Section 1. The county commissioners of Strafford county in county commis- 
conjunction with the county commissioners of York county, state er°ed^^o c^oplrate 
of Maine, between which counties a toll bridge exists known as the ^'^^ commission- 

. . ' 1 1 • ®^^ °^ York 

Eliot bridge, are hereby authorized and directed on behalf of said county, Maine. 

county of Strafford to receive a conveyance of one-half of or so 

much of said Eliot bridge as lies within the county of Strafford 

and to maintain said bridge as a public highway on the same terms, 

and of the same right and liability as are provided for highways 

not in any town. 



704 



Chapter 181. 



[1917 



If commissioners 
unable to agree, 
may petition 
superior court to 
fix value of por- 
tion in N. H. 
Appeal. 



Strafford county 
commissioners 
empowered to 
arrange with 
York county com- 
missioners for 
maintenance and 
future up-keep. 

Takes effect when 
Maine grants 
similar power to 
York county 
commissioners. 



Sect. 2. If the owners of said bridge and said county commis- 
sioners of Strafford county, New Hampshire, and York county, 
Maine, cannot agree upon a fair valuation for the same, then the 
said commissioners for the county of Strafford may petition to the 
superior court to have the value of that part of said bridge, lying 
within the state of New Hampshire, ascertained and determined in 
the same manner as in the taking of lands for public highways, 
and persons and corporations aggrieved shall have the same right 
of appeal as is now provided in the laying out of highways. 

Sect. 3. The county commissioners of Strafford county. New 
Hampshire, are hereby authorized to enter into an agreement with 
the county commissioners for the county of York, state of Maine, 
for the maintenance, repair, improvement and up-keep of said 
bridge. 

Sect. 4. This act shall take effect when the county commission- 
ers of York county, Maine, are empowered by the state of Maine 
to take similar action. 

[Approved April 18, 1917.] 



CHAPTER 181. 

AN ACT permitting STERILIZING OPERATIONS IN CERTAIN CASES OP 
MENTAL DISEASE AND FEEBLE-MINDEDNESS. 



Section 



Vasectomy and fallectomy legalized 

under certain conditions. 
May be performed in certain state 

institutions, when. Procedure as 

to consent. 



Section 

3. Compensation o^ operating surgeon; 

how paid. 

4. Takes effect on passage. 



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



Vasectomy and SECTION 1. That the Operations of vasectomy and fallectomy 

ized'under (femin ™^^ ^^ performed Under the conditions and within the restrictions 
conditions. herein described, and under such provisions shall be lawful. 

May be performed Sect. 2. When either of the recognized sterilizing operations 
instftluons. when, herein referred to may be indicated for the prevention of the re- 
lure as to production of further feeble-mindedness. or for the therapeutic 
treatment of certain forms of mental disease, physicians in charge 
of state and county institutions, having the custody of such cases 
may recommend to the nearest relative, guardian and affected indi- 
vidual the advisability and necessity of such operation ; and when 



Proced 
consen 



1917] Chapter 181. 705 

the written consent of the patient, when mentally competent to 
give such consent, as well as that of the nearest relative or guard- 
ian is given, the physician having the custody aforesaid of said 
case shall call a counsel of two registered medical practitioners — 
one a physician and one a surgeon — of not less than five years' 
practice and not related to the patient, whose duty it shall be, in 
conjunction with the physician in charge of the case, to examine 
the individual recommended for operation. Whether the person 
to be operated upon is mentally capable of giving his consent shall 
be decided by the consultants and stated in writing, with their 
reasons therefor, and such written statement shall be kept on file 
in the probate court of the county in which the individual resides, 
in which event the consent of the guardian or nearest relative 
must be secured. If in the judgment of the consulting physicians 
the operation will prevent the further propagation of mental defi- 
ciency, or if in the judgment of the medical consultants the physi- 
cal or mental condition of any such person will be substantially 
benefited thereby, then the consultants shall select a competent 
surgeon to perform the operation of falleetomy or vasectomy, as 
the case may be, upon such person. 

Sect. 3. The compensation of the consulting physicians and Compensation of 
surgeons in the case of public charges shall be entrusted with the geon ; how paid. 
management of the several institutions and shall be paid out of 
the funds appropriated for the maintenance of such institutions. 

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

passage. 

[Approved April 18, 1917.] 



706 



Chapter 182. [1917 

CHAPTER 182. 

AN ACT TO PROVIDE FOR ESTABLISHING BONDED WAREHOUSES. 



Section 



Secretary of state to license ware- 
housemen ; licensee to give bond 
with sureties to satisfaction of gov- 
ernor. Responsible for act of dep- 
uties. 

Suit on bond, how instituted; liabil- 
ity for costs. 

Warehousemen to insure property 
stored when requested by bailor. 

Warehousemen to give receipt for 
goods stored. Form of receipt. 
Negotiable and non-negotiable re- 
ceipts. 

Title to goods stored, to pass by in- 
dorsement and delivery of receipt, 
when. 

of all business. Open to inspec- 
tion by persons actually interested. 

Title to grain, etc., when mixed with 
other like property. 

Warehousemen to keep book accounts 
of all business. Open to inspec- 
tion by persons actually interested. 



Section 

8. Secretary of state to publish notice 

of license, qualification and filing 
of bond for ten days in newspaper, 
published where. 

9. Warehouseman may sell property 

sold, when. Procedure. 

10. If proceeds of sale insufficient to pay 

charges bailor liable for balance. 

11. Sale of property stored, when 

charges are in arrears one year. 
Procedure; notice to owner, etc. 

12. Service of notice, how made. 

13. Disposition of surplus proceeds. 

14. Penalty for illegal sale. 

15. Penalty for forging, uttering, etc., 

false receipt, etc. 

16. Assignment of warehouse receipt by 

owner having knowledge that goods 
stored are attached, without stating 
fact of attachment, punishable how. 

17. Takes effect on passage. 



Secretary of state 
to license ware- 
housemen; licensee 
to give bond with 
sureties to satis- 
faction of gover- 
nor. Responsible 
for act of depu- 
ties. 



Suit on bond, how 
instituted; liabil- 
ity for costs. 



Warehousemen to 
insure property 
stored when re- 
quested by bailor. 

Warehousemen to 
give receipt for 
Roods stored. 



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

Section 1. The secretary of state may license any suitable per- 
sons, or corporations established under the laws of the state and 
having their places of business within the state, to be public ware- 
housemen. Such warehousemen may keep and maintain public 
warehouses for the storage of goods, wares and merchandise. They 
shall give bond to the state treasurer for the faitliful performance 
of their duties in an amount and with sureties to be approved by 
the governor, and may appoint one or more deputies, for whose 
acts they shall be responsible. 

Sect. 2. Whoever is injured by the failure of a public licensed 
warehouseman to perform his duty or by his violation of any of 
the provisions of this chapter may bring an action for his own 
benefit, in the name of the state, on the bond of such warehouseman. 
The writ shall be indorsed by the person in whose belialf such action 
is brought, or by some other person satisfactory to the court ; and 
the indorser shall be liable to the defendant for any costs which he 
may recover in such action, but the state shall not be liable for any 
costs. 

Sect. 3. Such warehousemen shall, upon request in writing by 
a party placing property with him on storage, cause such property 
to be insured for whom it may concern. 

Sect. 4. Every such warehouseman shall give to each person 
who deposits property with him for storage a receipt therefor, 



1917] Chapter 182. 707 

which shall be negotiable in form, shall describe the propertj, Form of receipt, 
shall state distinctly the brands or distinguishing marks thereon, no^n-negottabie 
the rate of charges for storing it and the amount and rate of insur- receipts. 
ance thereon, and, if it is grain, the quantity and inspected grade 
thereof; or, upon request, he shall give a similar receipt, non-nego- 
tiable in form, which shall have the words Not Negotiable plainly 
written, printed or stamped upon the face thereof. 

Sect. 5. The title to property which is stored in a public ware- Title to goods 
house under a warehouseman's negotiable receipt therefor shall fndOTs'ement'^and^ 
pass to a purchaser or pledgee by the indorsement and delivery to ceipr'^hen ^^ 
him of such receipt signed by the person to whom the receipt was 
originally given or by an indorsee thereof; and if so stored under 
a warehouseman's non-negotiable receipt, shall pass by assignment 
of such receipt when recorded on the books of the warehouseman 
issuing same. 

Sect. 6. If grain or other property which is stored in a public Title to grain, etc.. 
warehouse is so mixed or intermingled that the identity of different ^ther iTke^rop' ^ 
lots or parcels cannot be accurately preserved, the warehouseman 's^*"*^' 
receipt shall give a valid title to so much of such grain or property 
as is designated therein, without actual separation or identification. 

Sect. 7. Such warehouseman shall keep books in which shall be Warehousemen to 
entered an account of all his transactions relative to the storing and counts "of airbusi 
insuring of goods, wares and merchandise, to the issuing of receipts fnspectior b/^per- 
therefor and to the disposition of proceeds of sales thereof under ?ofs actually 

^ ^ interested. 

the provisions of this chapter. Such books shall be open to the 
inspection of any person actually interested in the property to 
which the entries relate. 

Sect, 8. The secretary of the state shall, at the expense of each Secretary of state 

_.,. ,.„. -to publish notice 

warehouseman, give notice ot his license and quaimcation, or the of license, quaiifi 
amount of the bond given by him and also of the discontinuance of bond 'for ten^ 
of his license by publishing the same for not less than ten days in ^^^ pubuXed* 
one or more newspapers, if any, published in the county or town ^^^'■®- 
in which the warehouse is located ; otherwise, in one or more news- 
papers published in the city of Manchester. 

Sect. 9. If a public warehouseman has in his possession, in warehouseman 
storage, upon a non-negotiable receipt, property of a perishable Tom. when'^"^^' ^ 
nature, or which, by keeping, will deteriorate greatly in value, or, Procedure. 
by its odor, leakage, inflammability or explosive nature, will be 
liable to injure other property, or of a value which will probably 
be insufficient to pay the storage charges thereof, he may, after 
notice to the person in whose name the property is stored, remove 
said property and pay the storage and other proper charges there- 
on, and the refusal or neglect of such person so to do, sell the same 
at public or private sale without advertising. If, on reasonable 
inquiry, such person cannot be found, the sale may b© made with- 
out notice. The proceeds of the sale, after deducting the expenses 
thereof and the storage and other proper charges, shall be paid or 



708 



Chapter 182. 



[1917 



If proceeds of 
sale insufficient to 
pay charges bailor 
liable for balance. 



Sale of property 
stored, when 
charges are in 
arrears one year. 
Procedure : notice 
to owner, etc. 



Service of notice, 
how made. 



Disposition of 
surplus proceeds. 



credited to the person in whose name the property was stored, or 
if he cannot be found, to the state treasurer, who shall pay it over 
to the owner thereof upon proof of his title thereto within one year 
after its receipt by the state treasurer. If such warehouseman has 
made reasonable effort to sell perishable or worthless property and 
has been unable so to do, he may dispose of it in any lawful man- 
ner, and shall not be liable for such disposition. 

Sect. 10. If, from the sale or other disposition authorized by 
the preceding section, no proceeds are realized or the proceeds are 
insufficient to pay the expenses of sale and the storage and other 
proper charges, the person in whose name said property was stored 
shall be liable to such warehouseman for all proper charges against 
such property or for such amount as equals the difference between 
the charges due thereon and the proceeds of such sale or disposition. 

Sect. 11. A public warehouseman, who has in storage any prop- 
erty for which a storage charge is at least one year overdue, may 
sell the same by public auction after notice in writing to the person 
in whose name it is stored that such property will be sold at a time 
and place specified in the notice unless the amount due for storage, 
the advances made thereon and the expenses of advertising and 
sale are paid before the sale is made. From the proceeds, he may 
retain said storage charges, advances made and expenses of adver- 
tising and sale. 

Sect. 12. The notice required by the preceding section shall 
be served by an officer authorized to serve civil process or by some 
other person by delivering it to the person in whose name such 
property is stored at the time of such service or by leaving it at his 
usual place of abode, if within the state, at least sixty days before 
the time of such sale ; in the event that the party storing such goo<ls 
shall have parted with the same, and the purchaser shall have noti- 
fied the warehouseman, with his address, such notice shall be given 
to such person in lieu of the person storing the goods. A return of 
service of such notice shall be made under oath. If the person in 
whose name such property is stored cannot, with reasonable dili- 
gence, be found within the state, such notice shall be published 
once in each of three successive weeks in a newspaper published 
in the city or town in which the warehouse is located, if any; 
otherwise, in one of the principal newspapers published in the 
county in which such city or town is located, the last publication to 
be at least thirty days before the time of sale. 

Sect. 13. Such warehouseman shall, on demand, pay over the 
surplus of the proceeds of a sale authorized by section eleven to the 
person entitled thereto, but if it is not claimed within six months 
after such sale, he shall pay such surplus to the state treasurer and 
shall, at the same time, file with him an affidavit stating the name 
and residence of the person whose property has been sold, the arti- 
cles sold and the prices obtained therefor, the name and residence 



1917] Chapter 182. 709 

of the auctioneer and a copy of the notice served or published with 
the return thereof. The copy of notice and return so filed shall 
be admitted as evidence of the giving of the notice. The state 
treasurer shall pay it over to the owner thereof upon proof of his 
title thereto within five years after its receipt by the state treasurer. 

Sect. 14. Whoever, with intent to injure or defraud unlaw- Penalty for illegal 
fully, sells, pledges, lends or in any other way disposes of, or per- 
mits or is a party to the unlawful selling, pledging, lending or 
other disposition of, any property stored in a public warehouse, 
without the authority of the person in whose name the same is 
stored, shall be punished by a fine of not more than five thousand 
dollars and by imprisonment in the state prison for not more than 
three years. 

Sect. 15. Whoever falsely makes, utters, forges or counterfeits, penalty for forg- 
or whoever permits or is a party to the false making, uttering, f org- iafg'e "receipt^' elc!" 
ing or counterfeiting of, a warehouse receipt, certificate or other 
instrument, or of the signature of a warehouseman or of an in- 
dorser or other person to an instrument used to pass or to give 
title to property stored in a public warehouse, shall be punished by 
a fine of not more than five thousand dollars and by imprisonment 
in the state prison for not more than three years. 

Sect. 16. Whoever, knowing that his interest in the property Assignment of 

., -. , , • , 1 1 jiiT-j warehouse receipt 

described m a warehouseman s receipt has been attached, indorses, by owner having 
assigns or otherwise disposes of such receipt without disclosing ^o°^'\^tored^a*re 
such attachment to the person to whom such receipt is indorsed, ^**^?^^'^j-^^"^hj°"* 
assigned or disposed of, shall be punished by a fine of not ^^^^^^ ajj^achment, pun- 
than five thousand dollars and by imprisonment in the state prison 
for not more than three years, or by imprisonment in jail for not 
more than one year. 

Sect. 17. This act shall take effect upon its passage. Takes effect on 

passage. 

[Approved April 18, 1917.] 



18 



710 



Chapter 183. 
CHAPTER 183. 



[1917 



AN ACT TO PROVIDE FOR THE SAFETY AND HEALTH OF EMPLOYEES IN 
FACTORIES AND WORKSHOPS. 



Application of 
act. 



2. 



5. 



7. 



Section 

9. Pending determination of appeal, or- 
der suspended. 

10. In proceedings hereunder, commis- 

sioner of labor may administer 
oaths; summon witnesses duces 
'ecum. Commissioner to keep rec- 
ord of all rules promulgated. 

11. Witness fees for attendance before 

commissioner. Depositions for use 
in hearings before commissioner. 

12. Factory inspectors, how appointed; 

salary. Labor commissioner em- 
powered to enforce all laws relat- 
ing to factories and workshops. 
1.3. Employer not to be prosecuted until 
failure to comply with order of 
commissioner, within reasonable 
time. Penalty. 

14. Employers to inform commissioner 

in writing of name, address, busi- 
ness and number employed. Pen- 
alty for failure. 

15. Takes effect June 30, 1917. 



Section 

1. Application of act. 

Duty of providing safeguards applies 
when. Employer to provide toilet 
facilities for employees. 

Removal of safeguards prohibited. 

Commissioner of labor to inspect fac- 
tories and workshops, with refer- 
ence to safety and health of em- 
ployees. Report to be filed and 
copy given employer. Right to 
enter factories for inspection, es- 
tablished. 

Labor commissioner to establish 
rules for safe-guarding mill ma- 
chinery. May require employer to 
adopt specified appliance for safe- 
guarding employees. 

Orders shall state time within which 
compliance required. Notice of 
order, how given. 

Person or corporation affected by 
order may petition commissioner 
for a review thereof within thirty 
days. Procedure. Decision final 
unless appealed from. 
8. Appeal to superior court. Procedure. 

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

Section 1. This act shall apply only to factories, mills, workshops 
or other manufacturing establishments in which ten or more per- 
sons are regularly employed. The term employer as used in this 
act shall mean and include every person, firm, corporation or asso- 
ciation operating in this state a factory, mill, workshop or other 
manufacturing establishment in which ten or more persons are 
regularly employed. The term place of employment shall mean 
and include any mill, workshop or other manufacturing establish- 
ment where ten or more persons are regularly employed, and all 
buildings, sheds, structures or other places used in connection 
therewith. The term employee shall mean and include every per- 
son employed to worK in any such place of employment. 
Duty of providing Sect, 2. Whenever the nature or condition of any such place 
wi!en''Empio5er*'%f employment, or the machiiuM-y or otlier appliances therein are 
f^ciH't^eI*^for°''''' ^uch as to render employment therein or in proximity thereto dan- 
empioyees. gerous to the Safety or health of such employees, it shall be the 

duty of every such employer to provide and maintain such safe- 
guards, safety devices, appliances, lighting facilities, and do such 
other things as may be reasonably necessary and practicable to 
lessen the dangers of such emj)loymeut. Every such emiiJoyer 



1917] Chapter 183. 711 

shall provide and maintain reasonable and proper toilet facilities 
and reasonably sanitary and hygienic conditions for such em- 
ployees. 

Sect. 3. No person shall, so as to interfere with the intended Removal of 
use thereof, remove, displace, damage or carry off any safety de- ht^fed!'^'^^ ^^° 
vice or safeguard furnished and provided for use in any employ- 
ment or place of employment, or interfere in any way with the use 
thereof by any other person, and no person shall interfere with the 
use of any method or process adopted for the protection of any em- 
ployee in such employment or place of employment. 

Sect. 4. (1) The commissioner of labor shall cause every place commissioner of 
of employment to be inspected as soon as may be after the passage factories ' an^*^*"^ 
of this act, and at least once each year thereafter, for the purpose ^ferencrtoTafW 
of determining the conditions in such place of employment with and health of em- 

,« TiiiPii 1- • Ployees. Report to 

respect to the saiety and health oi the employees working therein, be filed and copy 

(2) A report of such inspection shall be filed in the office of thcRiVht t^en^te^fac- 
commissioner of labor and a copy thereof given the employer. tfon!^estabii"h^d! 

(3) The commissioner of labor, factory inspectors and other 
assistants of the commissioner of labor shall have the right for the 
purposes of this act to enter any such place of employment and to 
examine the same. 

Sect. 5. It shall be the duty of the commissioner of labor tOLabor commis- 
make and adopt such reasonable orders, rules and regulations o^f^{l,l^fl° safe^''^^ 
general application as may be necessary to give effect to section 2£ruarding miii 
of this act with respect to the use of mechanical contrivances for require employer 

-, . ■ ,1 n T o 1 • • J ito adopt specified 

disengaging power, the sateguardmg oi saws, planers, jointers and appliance for 
other similar machines, the protection of cogs, gearing, couplings empfe'^ees!"^ 
and the like, and the use of set screws, keys, bolts and the like used 
in connection with revolving shafting. 

Whenever the commissioner of labor, after any such place of 
employment shall have been inspected in accordance with section 
4 of this act, shall be of the opinion that the special conditions in 
that place of employment render any general order, rule or regula- 
tion so made by him inadequate or unreasonable as applied to such 
place of employment or any part thereof, he may, by special order 
applicable to that place of employment, so modify or extend the 4 

requirements of such general order, rule or regulation as to make 
the same adequate and reasonable with respect to such special con- 
ditions ; and whenever, after such inspection, the commissioner of 
labor shall be of the opinion that compliance with section 2 of this 
act, under the special conditions obtaining in any place of employ- 
ment, necessitates the use of any safeguard or the doing of any 
other act for which the general orders, rules and regulations 
adopted by him do not provide, he shall have power by .special 
order to require the adoption in that place of employment of such 
particular safeguards, safety devices, appliances, lighting facilities 
©r other means as may be reasonable and practicable for the safety 



712 Chapter 183. [1917 

and health of the employees. The commissioner of labor shall 

have like power and it shall be his duty by general or special orders, 

rules or regulations to require compliance with section 2 with 

respect to toilet facilities and sanitary and hygienic conditions in 

any such place of employment. 

Orders shall state Sect. 6. Evcry ordcr, rulc or regulation made or adopted by 

compiTance^ re- ''^ the Commissioner of labor shall fix the time when it shall take 

OTder^h^w gfve°n. effect, and in every case a reasonable time shall be allowed to the 

employer or employers affected thereby for compliance therewith. 

Notice shall be given of every order, rule or regulation to those who 

are required to comply with the same and such notice may be given 

by registered mail. Notice of any such order, rule or regulation of 

general application may be given by publication in some newspaper 

having circulation throughout the state. 

Person or corpor- Sect. 7. Any pcrsou Or corporatiou affected by such order, 

order ma^ petition rulc or regulation may petition the commissioner of labor for a 

r?eview°thereo? rcview of the Validity or reasonableness thereof. The commLssioner 

Procedure^*^ De^^' ^^ l^l^or ^^^7 joiu iu onc proceeding all petitions alleging invalidity 

cision final unless or unrcasonablcness of the same or substantially similar orders, 

appealed from. . . . „ . i "n i r»i t -ji • 

rules or regulations. The petition for review shall be nled within 
thirty days after notice of the adoption of the order, rule or regu- 
lation, provided hoicever, that the commissioner of labor may, 
whenever in his opinion justice may require it, extend the time for 
filing such petition. 

Upon receipt of the petition the commissioner of labor shall, if 
necessary to determine the issue raised, order a hearing. Notice 
of the time and place of hearing, which shall be open to the public, 
shall be given to the petitioner and to such other persons as the 
commissioner of labor may find directly interested in the issues 
raised by the petition. 

If upon such hearing the commissioner of labor finds that the 
order, rule or regulation complained of is invalid or unreasonable, 
he shall revoke it or substitute therefor a new or amended order, 
rule or regulation. 

The decision of the commissioner of labor upon such petition 
shall be final unless appeal is taken to the superior court in the 
manner herein provided. 
Appeal to superior Sect. 8. Any persou or corporation aggrieved by any order, 
court. Piocedure. ^^^^^ ^^ regulation of the commissioner of labor may file a petition 
in the superior court against the commissioner of labor to detennine 
the validity and reasonableness of such order, rule or regulation. 
Such petition shall be filed within thirty days after notice of the 
adoption of the order, rule or regulation, or if a petition for review 
is filed, within thirty days from the decision upon such petition. 
Such notice shall be given to the commissioner of labor of the pen- 
dency of such proceedings as the superior court may order. 

Such petition so far as practicable shall have precedence over 



1917] Chapter 183. 713 

other actions in the same court and the order of the commissioner 
of labor appealed from shall be prima facie valid and reasonable. 
The proceedings upon such petition shall be as nearly as may be 
in accordance with proceedings in equity. The court may, and on 
the request of the parties shall, refer any issue or issues arising in 
such action to one or more persons who shall find and report the 
facts together with his or their recommendations to the court. One 
or more of such persons may be a layman conversant with the sub- 
ject matter involved in such appeal. The superior court shall upon 
such petition enter such order or decree as justice may require. 

Sect. 9. During the pendency of any petition for review, the Pending deter- 
order, rule or regulation under review shall be suspended, and dur- Tppear'order 
ing the pendency of an appeal to the superior court under section *'^^^®°'^^'^' 
8, the order, rule or regulation appealed from may be suspended 
by the superior court if justice requires ; but except as affected 
by proceedings upon review by the commissioner of labor or appeal 
to the superior court, every order, rule or regulation made and 
adopted under the provisions of this chapter shall have the effect 
of law. 

Sect. 10. The commissioner of labor for the purpose of carry- in proceedings 
ing into effect the provisions of this act shall have power to admin- iTsshTner^'of^'^^or 
ister oaths, certify to official acts, issue subpoenas, compel the ™i|\^s!*^™mmo? 
attendance of witnesses, and the production of papers, books, ac- ^j.^^^^^^-^^*^^^* 
counts, documents and testimony. In case of the failure of anysioner to keep 

record of ^11 1*11168 

person to comply with any order of the commissioner of labor given promulgated, 
under this section, or any subpoena lawfully issued, or on the re- 
fusal of any witness to testify to any matter about which he may 
lawfully be interrogated, it shall be the duty of the superior court 
or any judge thereof on application of the commissioner of labor 
to compel obedience by proceedings as for contempt. A complete 
record shall be kept of all orders, rules or regulations made and 
adopted by the commissioner of labor. 

Sect. 11. Each witness who shall appear before the commis- ^j^^ggg f^gg f^^, 
sioner of labor shall receive for his attendance the fees and mileage attendance before 

, . ° commissioner. 

provided for witnesses in attendance upon the superior court. The Depositions for 

1 ... r. ., -ii- •,! 1 1 •! use in hearings 

deposition oi any witness withm or without the state taken in the before commis- 
manner prescribed by law for depositions in civil actions, may be^"'°^'^' 
used in any proceeding for review or appeal. 

Sect. 12. For the purpose of inspecting factories and work- Factory inspec- 
shops the commissioner of labor shall have the power, subject to p'^omtedTsaiary. 
the approval of the governor and council, to employ not exceeding ^oner em'^^wered 
two competent persons, who shall be known as factory inspectors, ]*^.^®g°^°J^jijf " ^^ 
and their compensation shall be fixed by the commissioner of labor, factories and 

,. 1 ir>i T .imi • workshops. 

subject to the approval or the governor and council. The commis- 
sioner of labor shall also have the power, subject to the approval 
of the governor and council, to employ such other assistants as may 
be necessary to the proper discharge of his duties. It shall be the 



714 Chapter 183. [1917 

duty of the commissioner of labor to administer and enforce, so far 
as not otherwise provided for in the statutes, all laws relating to 
factories or workshops, and all valid orders, rules or regulations, 
and he shall receive as compensation for his services rendered under 
the provisions of this act such sum as shall be required to make the 
total of his annual compensation under this and all other acts the 
sum of twenty-five hundred dollars. 
Employer not to Sect. 13. No prosccution agaiust any employer shall be com- 
untii failure to mcuccd uudcr this act unless or until the commissioner of labor 
of ™commiss'ioner?^ shall havc first made an order in accordance with the provisions of 
time'°Penain°'*'''^ *^^^ ^^^ ^^^ ^^^ employer affected thereby shall have had a reason- 
able opportunity to comply therewith. 

Any employer who shall omit or neglect to obey, observe or com- 
ply with any lawful order, rule or regulation made in pursuance 
of this act shall be punished by a fine of not less than twenty-five 
dollars nor more than two hundred dollars. If any person shall 
wilfully violate the provisions of section 3 of this act, he shall be 
punished by a fine of not less than ten dollars nor more than one 
hundred dollars. 
Employers to Sect. 14. Evcry cmplovcr subject to the provisions of this act 

inform commis- in ■ t • t • i p ^ iii i «• ti 

sioner in writing shall Mathiu thirty days alter the same shall take ettect send by 

bus^n^s' and"^^' mail to the commissioner of labor a statement setting forth his 

pkiTe^d.'^ p^Maity name, address, business and approximate number of employees of 

for failure. such employer, and every such employer thereafter starting in 

business shall immediately send to the commissioner of labor a like 

statement. Any such employer wilfully neglecting to comply with 

the provisions of this section shall be punished by a fine of not less 

than ten dollars nor more than twenty-five dollars. 

30^1917^"^ J""« Sect. 15. This act shall take effect June 30, 1917. 

[Approved April 18, 1917.] 



1917] 



Chapter 184. 
CHAPTER 184. 



715 



AN ACT IN RELATION TO FISH AND GAME. 



9. 



10. 



11. 



12. 



13. 



Section 

1. "Angling" defined. 

"Resident" defined. 

Transportation of game and fish reg- 
ulated. 

Penalty revised. 

Deer, open season. 

Deer, manner of taking. 

Deer hunting dog; confinement of, 
except when used in hunting foxes. 

Hares and rabbits, open season. Ex- 
ception in favor of property owner 
when suffering actual damage. 

Hares, taking of more than five in 
one day, prohibited. 

Trapper, civil liability for damage 
to domestic animals. 

Snaring of fur-bearing animals pro- 
hibited. 

Wild duck hunting by jack-light, 
penalty for. 

Brook trout, open season. Certain 
waters closed. Length and quan- 
tity taken limited. Lake trout 
and salmon, catch limited to six in 
one day. Persons present when 
law violated, regarded as princi- 
pals, when. 

Lake trout, taken from Stinson lake 
in Rumney, length limited. 

Pickerel, catching of, regulated. 

Smelt, may be taken for bait in four 
foot dropnet. 

Hand nets, dip nets, and minnow 
traps, use of regulated. 

Horned-pouts, open season. 

One line in hand, for shad, and ten 
unattended for cusk, permitted. 
Six lake trout limit for one day 
fishing through ice. 

License to fish and hunt required 
when. How obtained. Fees. 
Women, children under sixteen 
and blind persons exempted. 

Licensee to have license on his per- 
son when fishing or hunting; and 
exhibit it on demand. 



14. 



15. 
16. 



17. 



18. 
19. 



20. 



21. 



23. 



25. 



Section 
22. Breeders of fish and game, to secure 
permit from commissioner. Sale 
of product. Penalty. Larceny of 
product, and penalty. 

Taking game by poisoning, prohib- 
ited ; penalty. 

Commissioner empowered to close any 
waters in state, after public notice 
and hearing. 

State game preserve authorized. 

(a) Area and location. 

(b) Commissioner may order close sea- 

son as to. 

(c) L^se of preserve. 

(d) Deputy authorized to aid in main- 

tenance. 

(e) Notice of close season as to, how 

given. 

(f) Expense of maintenance, how met. 

(g) Hunting on, prohibited. 

(h) Presence with firearms on prima 
facie evidence of violation of 
law. 
(i) Penalty. 
26. Game not to be shot from motor ve- 
hicle. Act not to be construed to 
prevent transportation of person 
and arms to and from hunting 
grounds. Penalty. 

Institutions of learning may take 
fish and game for museum, at any 
time, on approval of commissioner. 

Crops and fruit trees damaged by 
wild game, compensation, how ob- 
tained. 

Black breasted and golden plover ; 
greater and lesser yellow-legs, open 
season on. 

Wild duck and geese, coots, galli- 
nules and jacksnipe; rails; open 
season on. 

Woodcock, open season on. 

Lobsters, taking of, within waters 
of N. H. by persons not resident 
in N. H. six months prohibited. 
Penalty. 

Repealing clause; takes effect on 
passage. 



27. 



28. 



29. 



30. 



31. 

32. 



33. 



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



Section 1. Amend section 1 of chapter 133 of the Laws of 1915, 'Angling" defined. 
by striking out the definition of angling, and inserting in its place 
a definition to read : 



716 



Chapter 184. 



[1917 



"Resident" 
defined. 



Transportation 
game and fish 
regulated. 



Penalty revised. 



Deer, open season 



Angling: The taking of fish by line in hand, or rod in hand, 
to which is attached a east of artificial flies, or an artificial bait, 
or one hook for bait. A person may have in use not more than 
two such lines at one time. Nothing in this act shall be construed 
as prohibiting the use of a rod holder. 

Sect. 2. Amend section 1 of chapter 133, Laws of 1915, by 
striking out the definition of resident, and inserting in its place 
a new definition to read : 

Resident : A person who is a citizen of the United States and 
whose domicile is in the state of New Hampshire. 
of Sect. 3. Amend section 4 (a) of chapter 133 of the Laws of 
1915 by striking out all of said paragraph after the word carrier, 
in line seven, and inserting in place thereof the following: Unless 
the same is either accompanied by the owner thereof, or in a pack- 
age marked as herein provided, shall constitute a violation of this 
section by such person or common carrier, so that said paragraph 
shall read as follows: (a) No common carrier, or person in its 
employ while engaged in such business of common carrier, shall 
transport wild game or fish, or any part thereof, as owner. The 
reception or possession of game or fish protected by law, or any 
part thereof, for shipment, by a person or common carrier within 
the state, or by a person in its employ while engaged in the business 
of such common carrier, unless the same is either accompanied by 
the owner thereof, or in a package marked as herein pro\aded, 
shall constitute a violation of this section by such person or com- 
mon carrier. 

Amend section 4, paragraph b, by striking out the words ''in 
one day" from line two. and the words "in one day" from line 
three, so that said paragraph shall read : (b) A person if accom- 
panying the same may transport within the state, during the open 
season therefor, the number or limit of wild game or fish that he 
may lawfully take. If such game or fish be placed in the custody 
of a common carrier or transported in a package, the said game 
or fish, or package containing the same, shall have affixed thereto a 
tag plainly marked with the kind and number of such game or 
fish, the names of tlie consignor and the consignee, the initial point 
of billing, and the destination. 

Sect, 4. Amend section 9, paragraph b, chapter 133, Laws of 
1915, by inserting after the word "fined" in line two, the words 
not to exceed, so that said paragraph shall read: (b) A person 
who \4olates a provision of paragraph (a) shall be fined not to ex- 
ceed one hundred dollars for each offense. 

Sect. 5. Amend section 14 (a) of chapter 133, Laws of 1915, 
by striking out the entire paragraph and inserting in place thereof 
a new paragraph to read as follows: (a) Wild deer may be cap- 
tured or taken after 5 a. m. and before 6 p. m. as follows: in the 
county of Coos, from the fifteenth day of October to the sixteenth 



1917] Chapter 184. 717 

day of December; in the counties of Grafton and Carroll, except 
the town of Moultonborough, from the first day of November to 
the sixteenth day of December; in the counties of Sullivan, 
Cheshire, and Rockingham, from the first day of December, to the 
sixteenth day of December; in the county of Hillsborough from the 
fifteenth day of December to the first day of January ; in the coun- 
ties of Belknap and the town of Moultonborough in Carroll, Merri- 
mack and Strafford from the fifteenth day of November to the 
sixteenth day of December. 

Sect. 6. Amend section 14 (c) of chapter 133, Laws of 191 5, Deer, manner of 
by striking out the whole thereof and inserting in its place the ^ '"^' 
following, so that said paragraph shall read: (c) Wild deer shall 
not be taken with the aid of, or by the use of a dog, jack, artificial 
light, trap, snare, or salt lick ; nor shall wild deer be taken by the 
use of any firearm other than a shotgun loaded with a single ball, 
or loose buckshot, within the counties of Hillsborough, Rocking- 
ham, Belknap, or Merrimack, with the following exceptions : The 
towns of Windsor, Hillsborough, Bennington, Deering, Prances- 
town, Weare, Antrim, Hancock, and Peterborough in the county 
of Hillsborough; the towns of Andover, Wilmot, Danbury, Hill, 
New London, Sutton, Bradford, Warner, Salisbury, Newbury, Web- 
ster, and Henniker in the county of Merrimack, and the towns of 
Sanbornton and New Hampton, in the county of Belknap. 

Sect. 7. Amend section 14 (f) of chapter 133, Laws of 1915, Deer hunting 
by striking out in lines seven and eight the words ' ' no person shall offexcept wi^^* 
harbor or have in his possession a dog used for the purpose of ^o^xes.'° ^^°''°^ 
hunting deer," and by inserting in the fourth line of said para- 
graph after the word ' ' owner ' ' the words or keeper, and by adding 
at the end of said paragraph the following clause, nothing in this 
section shall be construed as prohibiting the hunting of fox by dog 
and gun during the open season for deer, so that said paragraph 
shall read: (f) Dogs of the breed commonly used for hunting 
deer, and dogs that will hunt or pursue deer or sheep, shall not 
be permitted by the owner or keeper thereof to run at large unac- 
companied by their owner or keeper; and if such dog be found 
hunting, pursuing, or killing deer or sheep, it shall be prima facie 
evidence that such dog was permitted to run at large in violation 
of the provisions of this section. The presence of a hound dog or 
bitch, so at large, or in a hunting camp or logging camp during the 
open season for hunting deer, shall be presumptive evidence of its 
unlawful use. Nothing in this section shall be construed as prohib- 
iting the hunting of fox by dog and gun during the open season for 
deer. 

Sect. 8. Amend section 15 (a) of chapter 133, Laws of 1915, Hares and rab- 
by striking out all of said paragraph following the words " crops Exceptkfn if ^''"'' 
and fruit trees" in the fifth line so that said paragraph shall read : ^^^^^ whefsuf^'' 
(a) Hares and rabbits may be taken and possessed from October ^^^'■^^s ^actual 



718 Chapter 184. [1917 

first to March first. The owner of lands, his tenant or employee, 

may take at any time and in any number hares and rabbits which 

are found doing actual and substantial damage to his annual crops 

and fruit trees. 

Hares, taking of Sect. 9. Amend scctiou 15 (b) of chapter 133, Laws of 1915, 

in one day, by Striking out the words ''or rabbits" in line two, so that said 

^^° ' '^^ ■ pa^ragraph shall read: (b) A person may take in one day not 

more than five hares except as provided in paragraph (a). 
Trapper, civil Sect. 10. Amend section 17 (e) of chapter 133, Laws of 1915, 

damage to by adding the following clause : Any person causing injury or 

domestic animals, ^j^magc to domestic auimals by the aid or use of traps shall be liable 
to the owner for such injury or damage so that said paragraph 
shall read: (c) No person shall set or arrange any trap or snare 
upon any land of which he is not the owner or legal occupant, and 
all metal traps shall have stamped or engraved thereon in a legible 
and permanent manner the name of the person setting them. A 
person shall visit his traps at least once in every twenty-four 
hours. A person who sets or causes to be set a bear trap shall 
build in a substantial manner and maintain three-quarters around 
the same a railing or guard not less than three feet high, and shall 
protect the entrance to such enclosure against domestic animals 
by placing a pole horizontally across such entrance at the height 
of three feet from the ground. No person shall set or use at any 
time any device the object of which is to discharge a firearm for 
the purpose of taking fur-bearing or other animals. Any person 
causing injury or damage to domestic animals by the aid or use 
of traps shall be liable to the owner for such injury or damage. 
Snaring of fur Sect. 11. Amend section 17 of chapter 133, Laws of 1915, by 

prohibfted^'™**'^ adding a new paragraph thereto, to read as follows: (e) No per- 
son shall set or use a snare for the pur]>ose of taking fur-bearing 
animals. 
Wild duck hunt- S>ECT. 12. Amend section 27 of chapter 133, Laws of 1915, by 
p°naitV^for. "^ '' inserting after the w^ords "wild ducks" the words not exceeding, 
so tliat said section shall read : Sect. 27. A person who violates 
a provision of this part is guilty of a misdemeanor and sliall be 
fined as follows: For each violation of the provision prohibiting 
jacking wild ducks, not exceeding one hundred dollars and five dol- 
lars additional for each duck so taken or possessed ,- and for every 
other violation of a provision of this part, ten dollars and five dol- 
lars additional for every bird taken, possessed, or had in possession 
in violation thereof. 
Brook trout, open Sect. 13. Amend scctiou 28 (a) of chapter 133, Laws of 1915, 
^'^at^'eT^R closed.*'" by inserting after the word "lakes" in line nine, the following: 
t^ty ^t'ake^n ^limited" Exccpt that such trout may not be taken and possessed from the 
Mimon'^^catcir^ watcrs of Russcll Pond, in the town of Woodstock, prior to May 
limited' to 8ix in twentieth in any year, so that said paragraph sliall read as fol- 



1917] Chapter 184. 719 

lows: (a) Brook or speckled trout not less than ten inches in one day. Persons 
length may be taken and possessed from April fifth to September violated, regarded 
first from Sunapee Lake, Newfound Lake, Crystal Lake in Enfield, whe^'n."^"'^''^^' 
Tewksbury Pond in Grafton, and Pleasant Pond in New London ; 
brook trout not less than seven inches in length may be taken and 
possessed from May first to August first from Dublin Pond in Dub- 
lin ; brook trout not less than seven inches in length may be taken 
and possessed from April fifteenth to September first from all other 
ponds and lakes ; except that such trout may not be taken and 
possessed from the waters of Russell Pond, in the town of Wood- 
stock, prior to May twentieth in any year ; brook trout not less 
than five inches in length may be taken and possessed from May 
first to September first from the streams in Coos, Carroll, and 
Grafton counties ; brook trout not less than five inches in length 
may be taken and possessed from April first to Augiist first from 
all other streams of this state. Provided, however, there shall be 
no open season for brook trout between May first, 1915, and May 
first, 1920, in any brooks or tributaries emptying into Nash stream 
or Nash stream bogs, situated in the county of Coos, except the 
pond and flowage on Pond Brook. 

Amend section 28 (f) of said chapter 133 by striking out the 
whole thereof and inserting in its place the following, so that said 
paragraph shall read as follows: (f) A person may take, between 
one hour before sunrise and two hours after sunset, in one day, a 
total of not more than ten pounds of brook trout and a total of 
not more than twenty pounds of salmon, aureolus and lake trout ; 
provided, Jioivever, that the taking of one fish additional weighing 
less than the number of pounds specified in the weight catch-limit, 
shall not be regarded as violation of this section; and further pro- 
vided that no person, and no party irrespective of the number of 
persons therein, trolling from any one boat, upon any of the fresh 
waters of this state, shall take or kill more than six lake trout or 
salmon, or both, in any one calendar day, and for the purposes of 
this act, each member of the party and the person or persons in 
charge of the boat present when any violation of this section takes 
place, shall all be regarded as principals and each be liable for the 
penalty hereinafter prescribed. 

Sect. 14. Amend section 28 (c) of chapter 133 of the Laws of Lake trout, taken 
1915, by adding thereto the following clause: Except that lake in°Rumney°° 
trout not less than twelve inches in length may be taken and pos-'*'"^''^ limited, 
sessed during said period from the waters of Stinson Lake in the 
town of Rumney, so that said paragraph shall read: (c) Lake 
trout not less than fifteen inches in length may be taken and pos- 
sessed from January first to September first. Except that lake 
trout not less than twelve inches in length may be taken and pos- 
sessed during said period from the waters of Stinson Lake in the 
town of Rumney. 



720 



Chapter 184. 



[1917 



Pickerel, catching 
of, regulated. 



Smelt, may be 
taken for bait in 
four foot dropnet. 



Hand nets, dip 
nets, and minnow 
traps, use of 
regulated. 



Horned-pouts, 
open season. 



One line in hand, 
for shad, and ten 
unattended for 
cusk, permitted. 
Six lake trout 
limit for one day 
fishing through 
ice. 



Sect. 15. Amend section 32 (b) of chapter 133 of the Laws of 
1915 by striking out the whole thereof and inserting in its place 
the following, so that said paragraph shall read as follows: (b) 
Pickerel of any size and in any quantity may be taken and pos- 
sessed from Sunapee Lake, Crystal Lake in Enfield, Tewksbury 
Pond in Grafton, Elbow Pond in Woodstock, Partridge Lake in 
Lyman and Littleton, Pearl Lake in Lisbon, Merry Meeting Pond 
in New Durham, Big Dan Hole Pond in Ossipee and Tufton- 
boro, and from the waters in Coos county at any time. Pickerel not 
less than twelve inches in length may be taken from Lakes Winni- 
pesaukee, Massabesic, Winnisquam, Asquam, Wentworth, Spofford, 
and the Connecticut river in Cheshire county, from June first to 
April first. 

Sect. 16. Amend section 34 (a) of chapter 133, Laws of 1915, 
by adding the following: or for bait by means of a circular drop- 
net not more than forty-eight inches in diameter, so that said para- 
graph shall read : Sect. 34. (a) Fresh water smelt may be taken 
and possessed by means of a dipnet held in hand or for bait by 
means of a circular dropnet not more than forty-eight inches in 
diameter. 

Sect. 17. Amend section 38 of chapter 133, Laws of 1915, by 
inserting after the words "in length" in line three the following: 
or a circular dropnet not more than forty-eight inches in diameter, 
so that said section shall read : Sect. 38. A dipnet held in hand 
may be used to assist in the taking of fish attached to a line. Min- 
now nets not exceeding fifteen feet in length or a circular drop- 
net not more than forty-eight inches in diameter may be used for 
taking minnows for bait from waters not inhabited by trout. Min- 
now traps may be set for taking minnows for bait in waters inhab- 
ited by trout, provided that no such trap shall exceed eighteen 
inches in length and that the aperture therein for the entrance of 
fish shall not exceed one inch in diameter. 

Sect. 18. If any person shall take from the waters of New 
Hampshire any cat-fish, commonly called horned-pout or bull-head, 
except between the first day of June and the first day of Novem- 
ber of any year, he shall be punished by a fine of five dollars ($5) 
for each fish so taken. 

Sect. 19. Amend section 40 (b) of chapter 133, Laws of 1915, 
by adding after the words "left unattended" in line seven, the 
following clause, Nothing in this section shall be construed as pro- 
hibiting fishing for lake trout or shad through the ice with one 
line in hand, in addition to ten unattended cusk lines, so that said 
paragraph shall read: (b) Lake trout, pike perch, perch, shad, 
white fish, pickerel, and cusk may be taken through the ice, during 
the open season therefor, with hook and line, tip-ups, or bobs; but 
no person shall have in use or control at the same time more than 
ten tended lines, tip-ups, or bobs, and such person shall be present 



1917] Chapter 184. 721 

and have personal control over the same, except that such devices 
for taking cusk may be set and left unattended. Nothing in this 
section shall be construed as prohibiting fishing for lake trout or 
shad through the ice with one line in hand, in addition to ten un- 
attended cusk lines. No person shall take more than six trout 
through the ice in any one day. 

Sect. 20. Amend sections 54 and 55 of chapter 133 of the Laws License to fish 
of 1915, by striking out both sections and substituting therefor new quired when. 
sections to read as follows: P°el ""^Women, 

children under 
sixteen and blind 
Part VI. Licenses. persons exempted. 

Sect. 54. No person shall at any time hunt, trap, shoot, pursue, 
take or kill wild animals, wild birds, or fresh water fish in this 
state, without first having procured a license so to do, as herein- 
after provided ; and then only in accordance with the terms thereof 
and subject to all other provisions of this act. Provided, however, 
that the resident owners of farm lands, and their minor children, 
may hunt, trap, kill, and take game on farm lands of which they 
are bona fide owners, during the open season when it shall be law- 
ful so to do, and may kill predatory animals as permitted under 
the provisions of this act, and noxious animals not protected by 
law at any time, without procuring a license. Provided also, how- 
ever, that a resident of any city or town in the state of New Hamp- 
shire may take and possess fresh water fish during the open season, 
when it shall be lawful so to do, from any waters wholly or par- 
tially situate in the town or city in which he has his domicile with- 
out procuring a license so to do. 

Sect. 55. Such license shall be issued by the commission or 
by agents, under such rules and regulations, and in such form as 
may be prescribed by the commission, to persons sixteen years of 
age or over, and to persons under sixteen years of age with the con- 
sent in writing of the parent or guardian of such child. No such 
license shall be granted to any child under thirteen years of age; 
provided, hmvever, that a child under thirteen may hunt with- 
out a license when accompanied by parent or guardian who has 
secured a license according to the provisions of this act. Any child 
resident or non-resident, under the age of sixteen, and any woman, 
resident or non-resident, may take and kill fresh water fish with- 
out procuring a license so to do. The state treasurer shall supply 
the commission with books containing consecutively numbered 
licenses having duplicate stubs, upon which shall be recorded the 
date when the license was issued, and the name of the person to 
whom issued. Such license shall contain the name, age, color of 
hair and eyes, and residence of the licensee. The applicant shall 
fill out and subscribe to a blank to be furnished by the commission 
to said agent and pay him the following fees : 



722 Chapter 184. [1917 

(a) If the applicant is a resident of this state he shall pay the 
sum of one dollar and the agent shall thereupon issue a resident 
hunting and fishing license showing the date issued, which shall 
entitle the licensee to hunt, shoot, kill, take and transport game 
birds, animals and fish under the restrictions of this act. subject to 
the suspension of the hunting season by the governor. 

(b) If the applicant is a non-resident he shall pay the sum of 
X fifteen dollars, and said agent shall thereupon issue a non-resident 

hunting and fishing license showing the date when issued, which 
shall entitle the licensee to hunt, trap, shoot, kill, take and trans- 
port game birds, animals and fish, including deer, under the re- 
strictions of this act, subject to the suspension of the hunting season 
by the governor. 

(c) If the applicant is a non-resident and wishes to take fresh 
water fish only, he shall pay the sum of one dollar, and said agent 
shall thereupon issue a non-resident fishing license showing the 
date when issued, which shall entitle the licensee to kill, take 
and transport fresh water fish under the restrictions of this act. 
Said agent shall account to the commission for eighty-five 
cents for each and every resident hunting and fishing license 
issued, fourteen dollars and eighty-five cents for each and 
every non-resident hunting and fishing license issued, and eighty- 
five cents for each and every non-resident fishing license issued, 
and shall on the first day of each month pay such sums to 
the commission, to be by it paid over to the state treasurer, and 
credited to the fish and game fund. Agents shall return to the 
commission, within ten days after the close of the current year, all 
unused license blanks with a statement of the amount remitted on 
license account during the year. The commission and agents shall 
be held responsible to the state treasurer for the face value of all 
license blanks supplied to them until settlement has been made 
at the end of the fiscal year. 

(d) All blind persons, residents or non-residents, shall be al- 
lowed to catch, kill, take, and transport fresli water fish within the 
state without a license. 

Licensee to have Sect. 21. Amend scctiou 59 of chapter 133 of the Laws of 
person when'fish- 1915, by inserting after the word "kiir" in line two, the words 
iTn'd ^fxhibr/'iron catch, take and after the word '-game" in line two, the word fish, 
d?mand. j,,i^^ after the word "trapi)ijig" in line four, the word fisliing. so 

that said section shall read : Sect. 59. No person to whom a li- 
cense has been issued as hereinbefore provided shall hunt, trap, 
shoot, kill, catoli, take or trans])ort game, fish, or wild animals, nor 
use a gun for lumting in this state, unless at the time of sucli hunt- 
ing, trapping, fishing, shooting, killing, taking or transporting, or 
using such gun, such person has such license on his person. Such 
person shall exhibit such license on demand to any person for 
inspection. 



1917] Chapter 184. 723 

Sect. 22. Propagation of fish and game. The commissioner is Breeders of fish 
authorized to issue permits to propagate fur-bearing animals, gameseoure permit 
and fish and he shall make and publish rules governing such indus- s[orer!"'°s^ie of 
try. The application for a breeder's permit shall be in writing P™<^uct; o^^p^^d^' 
addressed to the commissioner ; shall be signed by the applicant ^^c*. and penalty. 
and shall describe the lands or waters owned or leased by such 
breeder and such other facts as may be required by the commis- 
sioner. When it appears that the application is made in good faith 
the commissioner may issue said permit upon the payment of a 
fee of two dollars and fees for tagging, which shall be paid to the 
commissioner and by him transmitted to the state treasurer, to be 
credited to the fish and game fund. Breeders shall be permitted 
to sell and transport such fur-bearing animals, game and fish, at 
all times. Such fur-bearing animals game or fish shall be properly 
identified either by marking the packages or by individual tagging 
as may be prescribed by the commissioner. A breeder selling fur- 
bearing animals, game or fish procured from lands outside his prem- 
ises as described in his permit or who violates a regulation made by 
the commissioner, shall forfeit his permit and be fined not exceed- 
ing one hundred dollars and in addition thereto shall be fined or 
imprisoned as prescribed for the violation of the laws relating to 
fur-bearing animals, game or fish. A person owning a natural 
pond of not more than ten acres or an artificial pond entirely upon 
his premises stocked at his own expense with fish artificially hatched 
or reared, and who holds a breeder's permit in which said pond is 
included, may take fish from such natural or artificial pond at any 
time for the purpose of propagation or consumption as food on his 
premises. Any person who shall take any fur-bearing animal, 
game or fish from any lands or waters included within the descrip- 
tion in any breeder's permit, without the permission of the holder 
of such permit, shall be fined not exceeding one hundred dollars, 
or be imprisoned not exeeeding thirty days. 

Sect. 23. It shall be unlawful to take or attempt to take any Taking game by 
game quadruped, game bird, or fur-bearing animal, by the use of ftedrp^'aity!^"*"^' 
poison in any form whatsoever. Any person violating the provi- 
sions of this section is guilty of a misdemeanor, and shall be fined 
for each violation thereof a sum not to exceed one hundred dollars. 

Sect. 24. To authorize the fish and game commission to close commissioner em- 
waters against fishing. The fish and game commission is hereby ^^^'^a'terr in "^"^ 
empowered to close any of the waters of this state against fishing ^^^.^^^ ^^^^ p'*'''''" 
for such period or periods as shall appear to it, after public notice hearing. 
and hearing, advisable. 

Sect. 25. To provide for the establishment of state bird and state game pre- 
game sanctuaries and the protection and propagation of wild birds '"^^^^ 
and quadrupeds. 

(a) For the purpose of protecting any species of useful wild Area and location. 
birds or quadrupeds and for aiding the propagation thereof, the 



724 



Chapter 184. 



[1917 



Commissioner 
may order close 
season as to. 



Use of preserve. 



fish and game commission with the consent of the owners may con- 
trol any land, water or shore to an extent of not more than one 
thousand acres in any one tract or the right to use the same, includ- 
ing the right of the public in such land or on such water or shore, 
as a bird and game sanctuary. 

(b) For the purposes aforesaid the said commission upon a peti- 
tion filed with it by one or more owners of land, water or shore, 
if satisfied of the suitable character and situation of the same, may, 
with the consent of the owners, order a close season for one or more 
periods, not exceeding ten years each, on all wild birds and quad- 
rupeds within the area or any part thereof specified in the petition. 
Before making any order under such petition, the commission shall 
give a public hearing upon the matter at some place in or near the 
territory under consideration, of which meeting notice shall be 
given by publication once a week for three successive weeks in one 
or more newspapers published in the county or counties embrac- 
ing the territory, the last publication to be at least seven days prior 
to the time fixed for the hearing. 

(c) In respect to any territory controlled as above provided or 
any territory upon which a close season has been ordered as above 
provided, the said commission may, with the consent of the owner, 
make such use of land, water or shore within the territory as he 
may deem best for the purpose of improving the feeding and nest- 
ing environment of birds or game, and may from time to time make 
such rules and regulations i-elating to such territory as may seem 
to him proper, and such rules and regulations when approved by 
the governor and council shall have the force of laws. The said 
commission is authorized to liberate birds within the limits of the 
said reservations, and, when in its opinion such action is advisable, 
to co-operate with landowners within such territory in experiments 
in the propagation of birds or quadrupeds. 

(d) The said commission may appoint deputies to enforce the 
provisions of this act and any rules and regulations made here- 
under, and may authorize in writing any such deputy or the owner 
or occupant of any land within any such territory to hunt, pursue, 
trap, snare, or kill within the said territory and under the direc- 
tion of the said eonunission any quadrupeds or birds which it may 
consider harmful to birds and game or to agriculture, or to take or 
remove the nests or eggs of any such bird. 

(e) If an order is made by the commission as aforesaid estab- 
gtven" *^ *"' °^ lishing a close season or a sanctuary as above provided, the com- 
mission shall cause a copy of tlie order to be publislied once a week 
for three successive weeks in one or more newspapers published in 
the county or counties embracing the territory, and shall cause 
copies of the order to be posted in conspicuous places within the 
cities or towns in which the territory is situated, and also within 
the limits of the territory itself. If a great pond or any part 



Deputy author- 
ized to aid in 
maintenance. 



Notice of close 



1917] Chapter 184. 725 

thereof or any seashore is included within the territory as to which 
a close season is ordered as aforesaid, a copy of the order shall be 
filed in the office of the clerk of each city or town bordering upon 
the pond or seashore, and also in the office of the secretary of state. 
An order made by the commission in accordance with the provisions 
thereof shall take effect when it is published and posted as above 
provided. Any order made in accordance with the provisions 
hereof shall contain a full description of the territory so estab- 
lished, and the period for which it is closed. 

(f) The commission may annually expend, in carrying out the Expense of main- 
provisions of this act, such sum as the legislature may appropriate, ^^^^^'^^' ^"^ ™*^*- 
which shall be paid out of any funds not otherwise appropriated ; 

and also such sums out of the fish and game fund, as may be deter- 
mined by the commission, with the advice and consent of the gov- 
ernor and council. 

(g) Whenever a territory has been established as a preserve or Hunting on, pro- 
when a close season has been established upon a territory by an^'*''*^'^- 
order as above provided, it shall be unlawful for any person except 

as above provided, to molest, hunt, pursue, take or kill any bird or 
quadruped within the said territory, or therein to disturb or in- 
jure any nest, eggs or young or to remove the eggs or young from 
the nest. 

(h) The entrance of any person w^ith a firearm or any device Presence with 
adapted for killing or injuring birds or quadrupeds or with a trap prfma™/oHe' evi- 
or snare upon any territory established as a sanctuary, or upon any of law.**^ violation 
territory upon which a close season has been established, accord- 
ing to the provisions of this section, shall be prima facie evidence 
of a violation of the provisions of this section. 

(i) Whoever violates any provision of this section or of any rule Penalty, 
or regulation made hereunder shall be punished by a fine of not 
more than one hundred dollars, or by imprisonment for not more 
than sixty days, or both such fine and imprisonment. 

Sect. 26. To prohibit shooting from automobiles, motor cycles. Game not to be 
or other motor vehicles. f^Jl^'^MtTot 

(a) Wild deer, ruffed grouse or partridge, quail, woodcock, o^^o ^revenf'tr'^ns 
any other wild game or birds, shall not be taken from an automo- portation of 

, .,' , , u- 1 J • .1 £ person and arms 

bile, motorcycle, or other motor vehicle during the open season tor to and from 
such game or birds. The presence of a person, possessed of a loaded ■penalty. ^'""""'^^ 
firearm, in such automobile, motorcycle or other motor vehicle shall 
be presumptive evidence that he has violated the provisions of this 
section. 

(b) Nothing in this act shall be construed to prohibit the trans- 
portation, to and from the hunting grounds, of anything except as 
herein provided, in any form of motor vehicle whatever. 

(e) A person who violates a provision of this section is guilty 
of a misdemeanor and shall be fined as follows : For each violation 

19 



726 



Chapter 184. 



[1917 



Institutions of 
learning may take 
fish and game for 
museum, at any 
time, on approval 
of commissioner. 



Crops and fruit 
trees damaged by 
wild game, 
compensation, 
how obtained. 



Black breasted 
and golden 
plover; greater 
and lesser yellow- 
legs, open season 



Wild duck and 
geese, coots, 
gallinules and 
jacksnipe; rails; 
open season on. 



Woodcock, open 
season on. 



Lobsters, taking 
of. within "waters 
of N. n. by per- 
sons not resident 
in N. H. six 



of the provision in regard to deer, one hundred dollars; for each 
violation of the provision in regard to ruffed grouse or partridge, 
quail, or woodcock, ten dollars, and five dollars additional for every 
bird so taken ; for all other game or birds, not specifically men- 
tioned, such sum for each game quadruped, or bird so taken, as is 
prescribed for a violation of the closed season, in such instance. 

Sect. 27. To enable colleges to obtain biological specimens for 
educational purposes. Institutions of learning of the collegiate 
rank may, through duly authorized agents, regardless of any fish 
and game laws, secure for mounting for their museums specimens 
of any and all kinds of wild animals, birds and fish, subject to the 
approval of the fish and game commission. 

Sect. 28. Amend section 8 of chapter 133, Laws of 1915, by 
striking out the whole thereof and inserting in place thereof the 
following: Sect. 8. A person who suffers loss or damage to an- 
nual crops or fruit trees by game birds and game quadrupeds pro- 
tected by law may, within five days after such damage occurs, 
notify in writing the commission, who shall investigate the case and 
determine whether such loss or damage was caused by such birds 
or quadrupeds. If it so determines, it shall cause said loss or dam- 
age to be appraised by the board of selectmen of the town in which 
such property is located. The board of selectmen shall return to 
the conmaission a certificate under oath of the amount of such loss 
or damage. Said certificate shall be returned to the state treasurer 
by said commission, and the governor is authorized to draw his war- 
rant upon the fish and game fund for the amount of the appraisal, 
provided, Jiowever, that if either party is dissatisfied with said 
appraisal he may appeal to the governor and council, who may mod- 
ify or correct the same as justice may require. 

Sect. 29. Amend chapter 133, Laws of 1915, by striking out all 
of section 21, and inserting in place thereof the following section : 
Sect. 21. Black breasted and golden plover, greater and lesser 
yellow legs, may be taken and possessed from August sixteenth to 
December first. 

Sect. 30. Amend chapter 133, Laws of 1915, by striking out 
all of section 22 (a) and inserting in place thereof the following 
paragraph: (a) Wild duck and geese, coots, gallinules and jack 
snipe may be taken and possessed from September sixteenth to 
January first. Rail may be taken and possessed from September 
first to December first. 

Sect. 31. Amend chapter 133 of the Laws of 1915, by striking 
out all of section -20 (b) and inserting in place thereof the follow- 
ing paragraph: (b) Woodcock may be taken and possessed from 
October first to December first. 

Sect. 32. In regard to taking lobsters in New Hampshire 
waters, (a) No person shall take lobsters from the waters of New 
Hampshire unless he is, and has been for six months, a resident of 



1917] 



Chapter 185. 



727 



this state, (b) Any violation of this act shall be punished by a months prohib- 
fine not exceeding one hundred dollars. ' ^ ' *'^* ^' 

Sect. 33. All acts and parts of acts inconsistent with this act Repealing clause; 
are hereby repealed, and this act shall take effect upon its passage, passlgl ^'^ 

[Approved April 19, 1917.] 



CHAPTER 185. 

AN ACT FOR THE REGULATION OF THE SALE AND USE OF EXPLOSIVES 

AND FIREARMS. 



Section 

1. Dealers in firearms and explosives to 

be licensed by selectmen of towns, 
and chief of police in cities, and 
county commissioners in unorgan- 
ized townships. License to specify 
the building where business is to 
be done. 

2. Sale of firearms and explosives to 

aliens regulated. 

3. Dealers to keep record of sales; open 

to inspection by public authorities. 
High explosives sold to be labeled. 

4. Purchaser of high explosive to secure 

permit to buy same. Application 
to state use, etc. Issued by whom. 



Sbction 

5. Penalties. 

6. Aliens not to have firearms without 

permit. How obtained. 

7. Penalty. 

8. License or permit to expire, when. 

Non-transferable. Revoked for 
what. 

9. Enforcement by police of cities, se- 

lectmen of towns, and county com- 
missioners in unorganized towns. 
Searetary of state to furnish 
blanks. 

10. Act not to apply to sales to military 

or naval forces. 

11. Takes effect on passage. 



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

Section 1. No person shall manufacture, sell, or deal in fire- Dealers in 
arms or in gunpowder, dynamite, nitro-glycerine or other form of p[o8^™® to'^be^* 
high explosive, unless he shall first obtain, from the selectmen of J^^/j^^^ed ^y^^seiect. 
the town or the chief of police of the city where such business is to ?°d chief of police 

1- ^ p -I in "* Cities, and 

be conducted, a written license thereior, and no person shall con- county commis- 
duct such business within the state but outside the limits of anyganized town- 
organized town or city, unless he shall first obtain such license from spedfy Vhe ''^^ ^ 
the county commissioners of the county in which such business is ^^'^'j^'^^^ T^Z^be 
to be conducted ; which license shall specify the building where such done, 
business is to be carried on or material deposited or used. 

Sect. 2. No such licensed person shall sell or deliver firearms saie of firearms 
to any person not a citizen of the United States, unless he shall have ^|}^^|'^^°gjj^^«f J" 
legally declared his intention of becoming such citizen, or any such 
explosive material or compound to any person, except upon pres- 
entation of a permit such as is hereinafter provided for, nor unless 
satisfied that the same is to be used for a lawful purpose. 



726 Chapter 185. [1917 

Dealers to keep Sect. 3. Every persoii so licensed shall keep, on blanks to be 

open'^ to^inspe^ct'ion fumished by the secretary of state, a record of the names and resi- 
itL^.'^^HiglT'ex-'^ dences of all persons to whom he shall sell or deliver firearms or any 
fa'riT ^°^^ *° ^^ such explosive material or compound, the purpose for which the same 
is to be used, the date of sale, the amount paid, the date of the 
purchaser's permit, the name and title of the person by whom the 
permit was issued, and, within five days after every such sale or 
delivery, shall file such record thereof with the clerk of the city or 
town wherein the sale or delivery was made, or with the county 
commissioners in case of sales or deliveries within the state, but 
outside the limits of any organized city or town. The records thus 
filed shall at all times be open to the inspection of the police depart- 
ments, or other public authorities. He shall also affix to the recep- 
tacle containing such explosive material or compound a label with 
the name of the compound, his own name and the date of sale. 
Purchaser of high Sect. 4. No pcrsou shall procurc, transport, use or have in his 
sMure ^permit to possessiou any guupowdcr, dynamite, nitro-glycerine or other form 
buy same. Appii- of high cxplosivc without first obtaining a written permit to do so, 
use, etc. Issued from the chicf of police of the city or selectmen of the town in 
^ ^ °™' which he resides, or from the county commissioners of the county 

in which he resides, if he resides within the state but outside the 
limits of any organized city or town, or from the chief of police of 
the city, or selectmen of the town or county commissioners of the 
county in which such explosive is to be procured, transported or 
used if he is not a resident of the state. Any person desiring such 
permit shall make written application therefor, stating the purpose 
for which the explosive material or compound is to be used and the 
kind and quantity desired, together with his full name, occupation 
and place of residence including the street and number, if any. If 
the officer or officers to whom the application is made are satisfied 
that the applicant intends to use the explosive in a lawful manner, 
and as set forth in his application, such permit, signed by such offi- 
cer or officers, shall be issued to such ai>plicant. No person shall 
have in his possession any such explosive material or compound 
unless he shall have such license or permit. 
Penalties. Sect. 5. If any person, firm or corporation sliall manufacture 

or sell or deliver to any other i)erson any firearms or any such 
explosive material or compound without first obtaining such license, 
or having such license shall fail to make and file such record of 
any such sale or delivery, or if any person, firm or corporation shall 
violate any other provision of this or any of the preceding sections 
of this act, he shall be punished by a fine not exceeding two hun- 
dred dollars or by imprisonment not exceeding two years, or both. 
Aliens not to have Sect. 6. No persou uot a citizcu of the United States or one 
firearms without ^^,| ^ legallv declared his intention of becoming such a citizen 

permit. How . 

obtained. shall have in his possession any firearm or firearms of whatsoever 



1917] Chapter 185. 729 

kind or description unless he has a written permit to have such 
possession issued and signed as hereinafter provided. Any such 
person desiring to possess a firearm or firearms for any lawful pur- 
pose shall first make written application to the chief of police or 
selectmen of the town wherein he resides, or to the county commis- 
sioners if he resides within the state but outside the limits of any 
organized city or town, stating the purposes for which the pos- 
session of the firearm or firearms is desired and a description of 
the firearmN or firearms. The applicant shall also state his full 
name, occupation, place of residence, and if in a city the street and 
number. If such chief of police or selectmen or county commis- 
sioners are satisfied that the applicant intends to use the firearm or 
firearms in a lawful manner and as set forth in his application, 
a permit shall be issued, signed by the chief of police of the city, 
or selectmen of the town, or county commissioners, as the case may 
be, giving to the applicant the right to have in his possession such 
firearm or firearms. The holder of any such permit shall keep the 
permit on his person at all times when he has possession of the 
firearm or firearms as authority for such possession and shall ex- 
hibit the same when so requested by any person. 

Sect. 7. Any person not a citizen of the United States or one Penalty, 
who has legally declared his intention of becoming such a citizen, 
who shall procure or have in his possession any firearm or firearms 
of any kind without having first obtained a permit as provided in 
section 6, or after such permit has been revoked, as hereinafter pro- 
vided, shall be punished by a fine not exceeding two hundred dol- 
lars, or by imprisonment not exceeding two years, or both. 

Sect. 8. Such license or permit may be issued for a stated License or permit 
time, or for a single transaction. In the discretion of the officer Non^ranWrrabie. 
or officers by whom it is issued, but no license or permit shall be ^e^o^^^d for what, 
issued to cover a longer period than one year or a transaction to be 
completed more than one year after the date of the license. If 
any person to whom such license or permit has been issued shall 
use, or permit any other person to use, or connive at the use of any 
such firearm, explosive material or compound for any unlawful 
purpose, such license or permit may be revoked by the officer or 
officers by whom it was issued or by any justice of the superior 
court upon petition of any citizen. 

Sect. 9. It shall be the duty of the police department of cities Enforcement by 
and of selectmen of towns to enforce the provisions of this act with-seiecLusn'^of**' 
in their several cities and towns and of the county commissioners ^0^°^ commis- 
to enforce the same in the territory included in the several coun- ^'°^®g^ 't° w^nT'^ 
ties but not within any organized city or town, and to keep a record secretary of state 

„ „ . . , „,, „ in T i- '0 furnish blanks. 

of all permits issued. The secretary of state shall on application 
of any dealer in gunpowder, or other high explosive, furnish the 
blanks herein provided for. 



730 



Chapter 186. 



[1917 



Act not to ap^ly 
to sales to mili- 
tary or naval 
forces. 

Takes effect on 
passage. 



Sect. 10. The provisions of this act shall in no way apply to 
sales to the military or naval forces of the United States or to the 
public or military authorities of the state. 

Sect. 11. This act shall take effect upon its passage. 
I 

[Approved April 19, 1917.] 



CHAPTER 186. 

AN ACT IN AMENDMENT OF SECTIONS 10, 11, 12 AND 13 OF CHAPTER 
195 OF THE PUBLIC STATUTES, AS AMENDED BY CHAPTER 113, LAWS 
OF 1901, CHAPTER 14, LAWS OF 1905, AND CHAPTER 31, LAWS OF 
1915, RELATING TO THE RIGHTS OF THE HUSBAND OR WIFE, SURVIV- 
ING, IN THE ESTATE OF THE DECEASED HUSBAND OP WIFE. 



Section 

1. Widow's share in personal estate of 

deceased husband. 

2. Widow's share in real estate of de- 

ceased husband. 

3. Husband's share in personal estate 

of deceased wife. 



Section 

4. Husband's share in real estate of de- 

ceased wife. 

5. Repealing clause; takes effect on 

passage. 



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

Widow's share in SECTION 1. Amend scction 10, chapter 195, of the Public Stat- 
deceased husband, utcs, as amended by section 1, chapter 113, Laws of 1901, and sec- 
tion 1, chapter 14, Laws of 1905, and section 1, chapter 31, Laws 
of 1915, by striking out all of said section, as amended, after the 
word "administration" and inserting in place thereof the follow- 
ing: I. One-third part thereof, if he leaves issue surviving him. 
II. One-half thereof, if he leaves no issue surviving hira. Pro- 
vided, however, that if such remainder of his personal estate does 
not exceed in value the sum of five thousand dollars, then she shall 
be entitled to the whole thereof; but if such remainder of his per- 
sonal estate shall exceed in value the sum of five thousand dollars, 
she shall be entitled to the sum of five thousand dollars of the value 
thereof, and also one-half in value of the remainder of his personal 
estate above said five thousand dollars, so that said section 10, as 
amended, shall read as follows: Sect. 10. The widow of a person 
deceased, testate or intestate, by waiving the provisions of his will 
in her favor, if any, shall be entitled, in addition to her dower and 
homestead right, as her distributive share, to the following portion 
of his personal estate, remaining after the payment of debts and 
expenses of administration : I. One-third part thereof, if he leaves 



1917] Chapter 186. 731 

issue surviving him. II. One-half thereof, if he leaves no issue sur- 
viving him. Provided, however, that if such remainder of his per- 
sonal estate does not exceed in value the sum of five thousand dollars, 
then she shall be entitled to the whole thereof ; but if such remainder ^ 
of his personal estate shall exceed in value the sum of five thousand 
dollars, she shall be entitled to the sum of five thousand dollars of 
the value thereof, and also one-half in value of the remainder of 
his personal estate above said five thousand dollars. 

Sect. 2. Amend section 11, chapter 195, of the Public Statutes, wwow^sjhare in 
as amended by section 2, chapter 113, Laws of 1901, and section 2, deceased husband, 
chapter 31, Laws of 1915, by striking out all of said section, as 
amended, after the word "administration," and inserting in place 
thereof the following: I. One-third part thereof, if he leaves issue 
surviving him. II. One-half thereof, if he leaves no issue what- 
ever surviving him. Provided, Jiowever, that if the value of said 
remainder of his real estate shall not exceed the sum of five thou- 
sand dollars, she shall be entitled to the whole thereof ; but if such 
remainder of his real estate shall exceed in value the sum of five 
thousand dollars, she shall be entitled to the sum of five thousand 
dollars of the value thereof, and also one-half in value of the re- 
mainder of his real estate above said five thousand dollars, and the 
same shall be assigned to her in the same manner as dower is now 
assigned, so that said section 11, as amended, shall read as follows : 
Sect. 11. The widow of a person deceased, testate or intestate, 
by waiving the provisions of his will in her favor, if any, and by 
releasing her right of dower and her homestead right, shall be en- 
titled instead thereof, in fee, to the following portion of all the real 
estate of which he died seized, after the payment of debts and ex- 
penses of administration : I. One-third part thereof, if he leaves 
issue surviving him. II. One-half thereof, if he leaves no issue 
whatever surviving him. Provided, however, that if the value of 
said remainder of his real estate shall not exceed the sum of five 
thousand dollars, she shall be entitled to the whole thereof; but if 
such remainder of his real estate shall exceed in value the sum of 
five thousand dollars, she shall be entitled to the sum of five thou- 
sand dollars of the value thereof, and also one-half in value of the 
remainder of his real estate above said five thousand dollars, and 
the same shall be assigned to her in the same manner as dower is 
now assigned. 

Sect. 3. Amend section 12, chapter 195, of the Public Statutes, Husband's share 
as amended by section 3, chapter 113, Laws of 1901, and section 3, of decease^d wife, 
chapter 31, Laws of 1915, by striking out all of said section, as 
amended, after the word "administration" and inserting in place 
thereof the following: I. One-third part thereof, if she leaves 
issue surviving her. II. One-half thereof, if she leaves no issue 
surviving her. Provided, however, that if such remainder of her 
personal estate does not exceed in value the sum of five thousand 



732 Chapter 186. [1917 

dollars, then he shall be entitled to the whole thereof; but if such 
remainder of her personal estate shall exceed in value the sum of 
five thousand dollars, he shall be entitled to the sum of five thou- 
sand dollars of the value thereof, and also one-half in value 
of the remainder of her personal estate above said five thousand 
dollars, so that section 12 as amended shall read as follows: Sect. 
12. The husband of a person deceased, testate or intestate, by 
waiving the p^o^'isions of her will in his favor, if any, shall be en- 
titled, in addition to his estate by the curtesy and homestead right, 
if any, as his distributive share, to the following portion of her per- 
sonal estate remaining after the payment of debts and expenses of 
administration : I. One-thi?d part thereof, if she leaves issue sur- 
viving her. II. One-half thereof, if she leaves no issue surviving 
her. Provided, however, that if such remainder of her personal 
estate does not exceed in value the sum of five thousand dollars, 
then he shall be entitled to the whole thereof; but if such remainder 
of her personal estate shall exceed in value the sum of five thou- 
sand dollars, he shall be entitled to the sum of five thousand dollars 
of the value thereof, and also one-half in value of the remainder 
of her personal estate above said five thousand dollars. 
Husbands share Sect. 4. Amend scctiou 13, chapter 195, of the Public Statutes, 
deceased^wife.° ^s amended by section 4, chapter 113, Laws of 1901, and section 4, 
chapter 31, Laws of 1915. by striking out all of said section, as 
amended, after the word "administration," and inserting in place 
thereof the following: I. One-third part thereof, to hold in fee, 
if she leaves issue by him surviving her. II. One-third part thereof, 
to hold during life, if she leaves issue surviving her. but not by him, 
and if he has no estate by the curtesy in her real estate. III. One- 
half thereof, to hold in fee, if she leaves no issue whatever surviving 
her. Provided, however, that if such remainder of her real estate 
does not exceed in value the sum of five thousand dollars, then he 
shall be entitled to the whole thereof ; but if such remainder of her 
real estate shall exceed in value the sum of five thousand dollars, 
he shall be entitled to the sum of five thousand dollars of the value 
thereof, and also one-half in value of the remainder of her real 
estate above five thousand dollars, and the same shall be assigned to 
him in the same manner as dower is now assigned to a widow, so 
that said section 13, as amended, shall read as follows: Sect. 13. 
The husband of a person deceased, testate or intestate, by waiving 
the provisions of her will in his favor, if any. and by releasing his 
estate by the curtesy and his homestead right, if any, shall be en- 
titled instead thereof, to the following portion of all the real estate 
of which she died seized, after the payment of debts and expenses 
of administration: I. One-third part thereof, to hold in fee, if 
she leaves issue by him surviving her. II. One-third part thereof, 
to hold during life, if she leaves issue surviving her, but not by 
him, and if he has no estate by the curtesy in her real estate. III. 



1917] 



Chapter 187. 



733 



One-half thereof, to hold in fee, if she leaves no issue whatever sur- 
viving her. Provided, however, that if such remainder of her real 
estate does not exceed in value the sum of five thousand dollars, 
then he shall be entitled to the whole thereof ; but if such remainder 
of her real estate shall exceed in value the sum of five thousand dol- 
lars, he shall be entitled to the sum of five thousand dollars of the 
value thereof, and also one-half in value of the remainder of her 
real estate above five thousand dollars, and the same shall be as- 
signed to him in the same manner as dower is now assigned to a 
widow. 

Sect. 5. All acts and parts of acts inconsistent with this act are Repealing clause; 
hereby repealed and this act shall take effect upon its passage. 



takes effect on 
passage. 



[Approved April 19, 1917.] 



CHAPTER 187. 

AN ACT FOR THE CONTROL OP THE WHITE PINE BLISTER AND OTHER FUN- 
GUS OR INSECT PESTS. 



Section 

1. Dangerous nature of subject de- 

clared, etc. 

2. State forester to publish information 

of its nature, etc., and designate 
afflicted areas. Land owner to co- 
operate in effort to control it. 
Trees and bushes to be destroyed. 

3. state forester empowered to enter 

infested areas to eradicate pest. 

4. Trees may be destroyed. Compensa- 

tion. 



Section 

5. State nursery inspector empowered 
to enter lands near nurseries to 
determine presence of pest. To 
have same powers as state forester. 

State nursery inspector empowered 
to prohibit transportation into the 
state of infected nursery stock or 
pine trees. 

Expenses, how met. 

Takes effect on passage. 



6. 



7. 



Be it enacted hy the Setmte and Hmise of Representatives in 
General Court convened: 



Section 1. That the fungus disease, cranartiiim rihicola, com- Dangerous nature 
monly known as the white pine blister, is hereby declared to be a "f^r^^^g^ Z^®" 
dangerous fungus pest in all its stages; and it shall be the duty of 
the officials hereinafter named, to prosecute the measures herein- 
after specified for the control of this pest. 

Sect. 2. The state forester, under the direction of the forestry state forester to 
commission, is hereby empowered and authorized to promulgate by^j^^'^^ it°*nl^re 
letter, publishing, posting or other means, information concerning etc.- a^d d^esignate 
the white pine blister and to designate by the aforesaid means of Land owner to 
promulgation, areas within the state in which control measures are fort to control it. 
necessary or advisable. It shall be the duty of every land owner ^"^e l^stroyld.** 
within such designated area, to carry out such control measures as 



734 



Chapter 187. 



[1917 



State forester 
empowered to 
enter infested 
areas to eradicate 
pest. 



Trees may be 

destroyed. 

Compensation. 



State nursery 
inspector empow- 
ered to enter 
lands near nurs- 
eries to determine 
presence of pest. 
To have same 
powers as state 
forester. 



are ordered by the state forester, including the removal and destruc- 
tion of any or all plants of the genus rihes, commonly known as 
currants and gooseberries, and any white pine tree or trees, which 
are found to be infected with the blister. If such eradication is not 
begun forthwith by the property owner, the state forester or his 
authorized agents are hereby empowered to remove and destroy any 
or all currants and gooseberry bushes or diseased white pine trees 
from any public or private land wuthin any such designated area; 
and within such area no person shall plant any currant or goose- 
berry^ bush or five needled pine tree without the permission of the 
state forester. 

Sect, 3. The state forester or his authorized agents shall have 
the right to enter upon any public or private property to determine 
the presence or absence of the white pine blister in any of its stages, 
and to carry out the necessary eradication measures. The forestry 
commission and state forester may co-operate with departments of 
the federal government, the state department of agriculture, and 
the agricultural experiment station for the control or eradication 
of said disease in the state generally, and for the carrying out of 
such investigations as are deemed advisable by the commission. 

Sect. 4. Any white pine trees or any currant or gooseberry 
bushes which are found to be infected with cronartium rihicola are 
hereby declared to be a public pest and any such diseased trees or 
plants and any and all wild plants of the genus nhcs may be des- 
troyed by order of the state forester or his authorized agents. If 
within any designated area, as specified in section 2, currants and 
gooseberries or white pine trees which are not infected with cronar- 
tium rihicola, are designated by the state forester or his agents 
and destroyed by his or their specific order, the owner may be com- 
pensated therefor ; the damages to be assessed by the state forester 
or his agents at not to exceed the actual value of the material 
destroyed, and paid to said owner by the state treasurer upon 
authorization of the forestry commission. In lieu of money dam- 
ages for any trees or bushes destroyed under this act the state 
forester may offer and the owner may accept forest planting stock 
to be furnished from the state forest nursery. 

Sect. 5. The state nursery inspector, under the direction of 
the commissioner of agriculture, is hereby authorized and empow- 
ered to enter upon any land contiguous to or within the vicinity of 
any nursery within the state, for the purpose of determining the 
presence or absence of cronartium rihicola in any of its stages or 
other threatening fungus disease or insect pest, and within such 
area he shall have the same power and duties for the control and 
eradication of the white pine blister or its hosts as is vested in the 
state forester under sections 2 and 3 of this act, and shall have the 
power to enforce and carry out necessary measures for the control 
or eradication of other threatening insect pests or fungus diseases. 



1917] Chapter 188. 735 

Sect. 6. The state nursery inspector, or the deputy commis- state nursery 

P • t, • ^ n • , • Til inspector empow- 

sioner oi agriculture in charge of insect suppression, under thcered to prohibit 
direction of the commissioner of agriculture, is hereby empowered •ntoThe'^lutT of 
to prohibit and prevent or regulate the entry into the state of New g^^k ^<fr pin^^*^^ 
Hampshire or the movement within the state from any part thereof trees, 
to any other part of any living five-leaved pine trees or any plants 
of the genus i-ibes, or other nursery stock or plants, which in his 
judgment may cause the introduction or spread of a dangerous in- 
sect pest or plant disease. The said officials are hereby authorized 
to issue such orders, notifications and permits as may be necessary 
to carry out the provisions of this section, and any person violating 
any of the provisions of sections 5 and 6 shall be subject to the 
same penalty as specified in section 7 of chapter 43, Laws of 1903. 
The expenses necessary for carrying out sections 5 and 6 of this act 
shall be paid from the appropriation for nursery inspection or 
other funds of the department of agriculture. 

Sect. 7. The sum of eight thousand dollars is hereby appropri- Expenses, how 
ated to carry into effect sections 2, 3 and 4 of this act for the year™®*- 
ending August 31, 1917 ; the sum of ten thousand dollars for the 
year ending August 31, 1918, and the sum of ten thousand dollars 
for the year ending August 31, 1919. 

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

[Approved April 19, 1917.] 



CHAPTER 188. 

AN ACT TO REPEAL CHAPTER 13 OF THE LAWS OP 1917 ENTITLED "aN 
ACT IN RELATION TO DIVIDING GOODS AND CHATTELS AMONG HEIRS- 
AT-LAW AND BENEFICIARIES/' APPROVED FEBRUARY 16, 1917. 

Section | Section 

1. Repealing clause. I 2. Takes effect on passage. 

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

Section 1. Chapter 13 of the Laws of 1917 entitled "An Act Repealing clause. 
in relation to dividing goods and chattels among heirs-at-law and 
beneficiaries," approved February 16, 1917, is hereby repealed. 

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

'^ jr ^ passage. 

[Approved April 19, 1917.] 



736 



Chapters 189, 190. 
CHAPTER 189. 



[1917 



AN ACT RELATING TO THE TAXATION OF MONEY DEPOSITED IN BANKS 
WITHOUT THIS STATE. 



Money of resi- 
dents of this 
state, deposited in 
banks in other 
states, taxable if 
at interest. 
Act not to apply 
to money on de- 
posit in a state 
whose laws ex- 
empt from taxa- 
tion money on 
deposit in banks 
in this state by 
residents of that 
state. 

Repealing clause; 
takes effect on 
passage. 



Section Section 

1. Money of residents of this state, de- 3. Repealing clause; takes effect on 

posited in banks in other states, passage, 

taxable if at interest. 

2. Act not to apply to money on deposit 

in a state whose laws exempt from 
taxation money on deposit in 
banks in this state by residents of 
that state. 

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

Section 1. Money deposited in any bank without this state on 
interest is taxable to the resident owner thereof. 

Sect. 2. If any state exempts similar deposits in banks in this 
state, including interest thereon, to owners residing in that state, the 
provisions of this act shall not apply to deposits in that state. 

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 19, 1917.] 



CHAPTER 190. 



an ACT ESTABLISHING A STANDARD OP WEIGHTS AND MEASURES. 



Section 

1. Federal standards adopted. 

2. Commissioner of weights and meas- 

ures, office of, established. Inspec- 
tors (3) of weights and measures, 
office of, established. How ap- 
pointed. 

3. Commissioner to have custody of 

standards. Proof of various stand- 
ards regulated. Records and re- 
port. Bond of commissioner and 
inspectors. 

4. Counties and cities to provide com- 

plete set of standards for weights 
and measures. 

5. County sealer of weights and meas- 

ures, office of, established. Power 
and duties. Two or more counties 
may join and have common sealer 
and standards, when. 



Section 

6. City sealer of weights and measures, 

office of, established. City and 
county may join and have com- 
mon sealer, when. 

7. Penalty for selling or offering for 

sale inaccurate device for weigh- 
ing or measuring. Penalty for 
giving false weight or measure. 

8. Commissioner and inspectors to have 

powers of police, in arrest and 
seizure. 

9. Penalty for obstructing commissioner 

or inspectors in performance of 
their duties. 
10. Penalty for impersonating commis- 
sioner or inspectors; or counter- 
feiting seal. 



1917] 



Chapter 190. 



737 



Skotion 
11. Bushel, standard of by weight, va- 
rious commodities. Sale by dry 
measure, receptacle to be heaped. 
Berry baskets, standard sizes. 
Penalty. 

Packages, goods sold in, to have 
statement of weight, measure or 
count on the outside. Exception 
as to food, etc., sold in packages. 

Penalty for violating s. 12. 

Coal and coke, sale of, to be by 
weight, unless. Written statement 
of weight to be given purchaser. 

Bread kept for sale, to have name of 
maker and weight on wrapper or 
label. 



12. 



13. 
14. 



15. 



Sbction 

16. Specifications and tolerances for 

weights and measures, to be es- 
tablished and used. 

17. Repealing all statutory fees for in- 

specting and sealing weights and 
measures. 

18. Hawkers and peddlers not to be li- 

censed until weights and measures 
have been tested and sealed. Pen- 
alty. 

19. P. S., ch. 126, s. 1, 2, specific- 

ally repealed; general repealing 
clause; takes effect on passage. 



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



Section 1. The weights and measures received from the United Federal standards 
States under joint resolution of Congress approved June 14, 1836/^°^*^ ' 
and July 27, 1866, and such new weights and measures as shall be 
received from the United States as standard weights and measures 
in addition thereto or in renewal thereof, and such as shall be sup- 
plied by the state in conformity therewith and certified by the 
National Bureau of Standards shall be the state standards, by 
which all county and municipal standards of weights and measures 
shall be tried, proved, and sealed. 

Sect. 2. There shall be a state commissioner of weights and Commissioner of 
measures, who shall be appointed by the governor, by and with melfsures^'^office 
the advice and consent of the council. Such commissioner shall 5nspec^o^s^^*'3) of 
be appointed for a term of five years, and shall receive a salary oi^l^^^^^^'^^^^^^ ^^ 
$2,500 a year. There shall be not exceeding three inspectors of established. How 

• 1 1 1 1 n 1 • j^ T 1 1 • • appointed. 

weights and measures, who shall be appointed by the commissioner 
with the advice and consent of the governor and council. The 
commissioner of weights and measures shall be allowed for salaries 
for inspectors of weights and measures, clerical services, traveling 
and contingent expenses for himself, and inspectors such sums as 
shall be necessary to carry out the provisions of this act to be with- 
drawn from the treasury upon warrant of the governor. 

Sect. 3. The commissioner of weights and measures shall take Commissioner to 
charge of the standards adopted by this article as the standards of standards." Prwf 
the state, and cause them to be kept in a safe and suitable place ardrregulated"*^ 
in the office of the commissioner, from which they shall not be^^''*"!'^^ ^^ , , 

' *' report. Bond ni 

removed except for repairs or for certification, and he shall take c^™m'f£oner and 
all other necessary precautions for their safe keeping. He shall 
maintain the state standards in good order and shall submit them 
at least once in ten years to the National Bureau of Standards for 
certification. He shall at least once in five years try and prove by 
the state standards all standard weights, measures, and other appa- 



inspectors. 



738 Chapter 190. [1917 

ratus which may belong to any county or city, and shall seal such 
when found to be accurate by stamping on them the letters N. H. 
and the last two figures of the year with seals which he shall have 
and keep for that purpose. He shall have and keep a general 
supervision of the weights, measures and weighing and measuring 
devices offered for sale, sold, or in use in the state. He shall, upon 
the written request of any citizen, firm, corporation, or educational 
institution in the state, test or calibrate weights, measures, weigh- 
ing and measuring devices, and instruments or apparatus used as 
standards in the state. 

He, or his deputy, or inspectors, by his direction, shall at 
least once annually test all scales, weights, and measures used 
in checking the receipts or disbursements of supplies in every 
institution for the maintenance of which moneys are appro- 
priated by the legislature, and he shall report in writing his 
findings to the supervisory board and to the executive officer of the 
institution concerned, and, at the request of such board, or execu- 
tive officer, the commissioner of weights and measures shall appoint 
in writing one or more employees then in the actual service of each 
institution who shall act as special deputies for the purpose of 
checking the receipts or disbursements of supplies. He shall keep 
a complete record of the standards, balances, and other apparatus 
belonging to the state, and take a receipt for same from his suc- 
cessor in office. He shall annually, on the first day of July, make 
to the governor a report of the work done by his office. The com- 
missioner, or his inspectors, at his direction, shall inspect all stand- 
ards and apparatus used by the counties and cities at least once 
in five years, and shall keep a record of the same. He, or his 
inspectors, at his direction, shall at least once in two years visit 
the various cities and counties of the state in order to inspect tke 
work of the local sealers, and in the performance of his duties he 
may inspect the weights, measures, balances, or any other weighing 
or measuring appliances of any citizen, firm, or corporation, and 
shall have the same powers as the local sealer of weights and meas- 
ures. The commissioner shall issue from time to time regulations 
for the guidance of county and city sealers, and the said regula- 
tions shall govern the procedure to be followed by the aforesaid 
officers in the discharge of their duties. The commissioner of 
weights and measures shall forthwith, on his appointment, give a 
bond in the penal sum of .$5,000, with sureties, to be approved by 
the governor for the faithful performance of the duties of his office 
and for the safety of the standards intrusted to his care and for 
the surrender thereof immediately to his successor in office or to 
the person appointed by the governor to receive tliem. Each in- 
spector of weights and measures shall forthwith upon his appoint- 
ment give a bond in the penal sum of $1,000, with sureties, to be 
approved by the secretary of state, for the faithful performance 



1917] Chapter 190. 739 

of the duties of his office and for the surety of any apparatus 
intrusted to his care. 

Sect. 4. The board of county commissioners of each county and Counties and 

,1 •liii'j. • J J. • J. 1 J cities to provide 

the common council oi each city required to appoint a sealer under complete set of 
this act shall procure at the expense of the county or city, and ^gig^^s^ln^d "^ 
shall keep at all times a complete set of weights and measures ™«^^"'"^^- 
and other apparatus of such materials and construction as the said 
commissioner of weights and measures may direct. All such 
weights, measures, and other apparatus having been tried and 
accurately proven by him shall be sealed, and certified to by the 
commissioner as hereinbefore provided, and shall be then deposited 
with and preserved by the county or city sealer as public standards 
for each county or city. Whenever the board of county commis- 
sioners of a county or the common council of such city shall neglect 
for six months so to do, the county auditor of the county, or the 
city clerk of said city, on notification and request by the commis- 
sioner of weights and measures, shall provide such standards and 
cause the same to be tried, sealed, and deposited at the expense of 
the county or city. 

Sect. 5. There shall be a county sealer of weights and measures County sealer of 
in each county, who shall be appointed by the governor, by and meL^sures^'^office 
with the advice and consent of the council for a term of five years. power^^I'nd^duties. 
He shall be paid a salary determined by the governor and council, Jj^^tre^s may^ join 
said salary not to be less than $1,000 a year, and no fee shall be^nd have comnion 
charged by him or by the county for the inspection, testing, orards, when, 
sealing of weights, measure, or weighing or measuring devices. He 
shall also be allowed his necessary traveling and contingent ex- 
pense. When not otherwise provided by law the county sealer 
shall have the power within his county to inspect, test, try and 
ascertain if they are correct, all weights, scales, beams, measures of 
every kind, weighing or measuring instruments, or mechanical 
devices for measuring, and tools, appliances, or accessories con- 
nected with any and all such instruments or measures kept, offered, 
or exposed for sale, sold, or used or employed within the county by 
any proprietor, agent, lessee, or employee in proving the size, quan- 
tity, extent, area, or measurements of quantities, things, produce, 
articles for distribution or consumption offered or submitted by 
such person or persons for sale, hire, or award ; and he shall have 
the power to and shall from time to time weigh or measure pack- 
ages or amounts of commodities of whatsoever kind kept for the 
purpose of sale, offered for sale or sold or in the process of deliver- 
ing in order to determine whether the same contains the amounts 
represented, and whether they be offered for sale or sold in a man- 
ner in accordance with laws relative to weights and measures. He 
shall at least once each year and as much oftener as he may deem 
necessary see that the weights, measures, and all apparatus used 
in the county are correct. He iniay for the purpose above men- 



740 Chapter 190. [1917 

tioned, and in the general performance of his official duties, enter 
and go into or upon, and without formal warrant, any stand, place, 
building, or premises or stop any vendor, peddler, junk dealer, 
coal wagon, ice wagon, delivery wagon, or any dealer whatsoever, 
and require him, if necessary, to proceed to some place which the 
sealer may specify, for the purpose of making the proper tests. 
Whenever the county sealer finds a violation of the statutes relat- 
ing to weights and measures, he shall cause the violator to be 
prosecuted. Whenever the sealer compares weights, measures or 
weighing or measuring instruments and finds that they correspond 
or causes them to correspond with the standards in his possession, 
and that they conform to the specifications and regulations of this 
department, he shall seal or mark such weights, measures, weighing 
or measuring instruments with appropriate devices to be approved 
by the commissioner of weights and measures. He shall condemn 
and seize to hold as evidence and may upon order of the court, 
destroy incorrect weights, measures, or weighing or measuring 
instruments which, in his best judgment, are not susceptible of 
, satisfactory repair; but such as are incorrect and yet may be 
repaired, he shall mark or tag as condemned for repairs in a man- 
ner prescribed by the commissioner of weights and measures. The 
owner or users of any weights, measures, or weighing or measuring 
instruments of which such disposition is made, shall have the same 
repaired or corrected within the time prescribed by the sealer, and 
they may neither use nor dispose of the same, except as permitted 
by the sealer, but shall hold the same at the disposal of the sealer. 
Any apparatus which has been condemned for repairs, and has not 
been repaired as required above, shall be confiscated by the sealer 
as above provided. The county sealer shall keep a complete record 
of all of his official acts, and shall make an annual report to the 
board of county commissioners and an annual report, duly sworn 
to, on the first day of June, to the commissioner of weights and 
measures, on blanks to be furnished by the commissioner. The 
county sealer of weights and measures shall forthwith on his 
appointment give a bond in the penal sum of $1,000, with sureties, 
to be approved by the appointing power, for the faithful perform- 
ance of the duties of his office. Provided, however, that nothing 
in file above shall be construed to prevent two or more counties 
from combining the whole or any part of their districts, as may be 
agreed upon by the boards of county commissioners, with one set 
of standards and one sealer, upon the written consent of the coin- 
, missioner of weights and measures. A county sealer appointed in 

pursuance of an agreement for such combination shall, subject to 
the terms of his appointment, have the same authority, jurisdic- 
tion, and duties as if he had been appointed by each of the author- 
ities who are parties to the agreement. 



1917] Chapter 190. 741 

Sect. 6. There shall be a city sealer of weights and measures in city sealer of 
cities of not less than 10,000 population, according to the latest mea^Bures?°office of 
official state or United States census, to be appointed by the mayor, and^clfunfy may 
by and with the consent and advice of the city council. He shall j^'^^fjjfg^*,^^ 
perform in said city the duties and have like powers as the county ^^en. 
sealer in the county. In those cities in which no sealer is required 
by the above, the county sealer of the county shall perform in said 
cities the duties and have like powers as in the counties. Provided, 
however, that nothing in the above shall be construed to prevent 
any county and the city situated therein from combining the whole 
or any part of their districts, as may be agreed upon, with one 
sealer, subject to the written approval of the commissioner of 
weights and measures. A sealer appointed in pursuance of any 
agreement for such combination shall, subject to the terms of his 
appointment, have the same authority, jurisdiction, and duties as 
if he had been appointed by each of the authorities who are parties 
to the agreement. The terms of office of city and county sealers 
who are in office at the time of the passage of this act shall be ter- 
minated by the passage of this act. 

Sect. 7. Any person who, by himself, or by his servant or Penalty for Belling 
agent, or as the servant or agent of another, shall offer or expose slie°fnac°curl°te 
for sale, sell, or use or retain in his possession for use a false weight fng' or m^eaTurmg 
or measure or weighing or measuring device, or at any time sub- ?^'^?'^y for giv- 

^ '=' o ; ./ ,^g false weight or 

sequent to January 1, 1918, any weight or measure or weighing Gr»neasure. 
measuring device which has not been sealed by the commissioner 
or inspector, or by a sealer of weights and measures within one 
year, for the purpose or the apparent purpose of buying or selling 
of any commodity or thing, or for hire or award: or shall dispose 
of any condemned weight, measure, or weighing or measuring 
device contrary to laws relative to weights or measures, or remove 
any tag placed thereon by the commissioner or inspector, or by a 
sealer of weights and measures, without his permission; or any 
person who, by himself or by his servant or agent, or as the servant 
or agent of another, shall sell or offer or expose for sale less than 
the quantity he represents, or sell or offer or expose for sale any 
commodity in a manner contrary to the laws relative to weights 
and measures, or in purchasing, misrepresents the amount pur- 
chased, shall be guilty of a misdemeanor, and shall be punished by 
a fine of not less than $20 or more than $200, or by imprisonment 
for not more than three months, or by both such fine and impris- 
onment, upon a first conviction ; but upon a second or subsequent 
conviction he shall be punished by a fine of not less than $50 or 
more than $500, or by imprisonment in the county jail for not 
more than one year, or by both such fine and imprisonment. 

Sect, 8. The commissioner of weights and measures, his deputy Commissioner and 
and inspectors, and the county and city sealers of weights and p° wlrs°of police!* 
measures, are hereby made special policemen, and are authorized seizu^e.^* "°*^ 
so 



742 Chapter 190. [1917 

aud empowered to arrest, without formal warrant, any violator of 
the statutes in relation to weights and measures, and to seize for 
use as evidence, and without formal warrant, any false or unsealed 
weight, measure, or weighing or measuring device, or package or 
amounts of commodities found to be used, retained, or offered or 
exposed for sale or sold in violation of law. 
Penalty for ob- Sect. 9, Any pcrsou who shall hinder or obstruct in any way 

sioner'^w inspec'-^ ^^^ commissioucr of Weights and measures, his deputy, or inspec- 
tors in perform- ^ors, Or any county or city sealer, in the performance of his official 

ance of their / , i", , -i t- • -i t i n i • i -i 

duties. duties shaLl be guilty oi a misdemeanor, and shall be punished upon 

conviction thereof in any court of competent jurisdiction by a fine 
of not less than $20 or more than $200, or by imprisonment in the 
county jail for not more than ninety days, or by both such fine and 
imprisonment. 

Penalty for im- Sect. 10. Any pcrsou who shall impersonate in any way the 

personating com- .. ^ • t ^ j i-jx • ^ 

missioner or in- commissioucr 01 wcights and measures, his deputy, or inspectors, 

terf*eit[nK sLr'^" or any county or city sealer, by use of his seal or counterfeit of 

his seal, or otherwise, shall be guilty of a misdemeanor, and shall 

be punished by a fine of not less than $100 nor more than $500, 

or by imprisonment for not more than one year, or by both such 

fine and imprisonment. 

Bushel, standard Sect. 11. In proceedings under section 7 of this act for false 

various^commod- Or insufficient wcights or measures in connection with the sale of 

mwsure.^rec'e^p-*^'^'' ^^7 article hereinbefore mentioned, the following weights and 

headed" ^Berr provisious shall govcm : Exccpt whcrc the parties shall expressly 

baskets, standard agree to Sale by some other standard than by weight, a bushel shall 

sizes. Penalty. ^ . ■ o jTiiijn 

contain the number oi pounds as hereinaiter set forth : Apples, 48 ; 
dried apples, 25 ; beets, 60 ; small white beans, 60 ; soy beans 
(glycine hispida), 58; barley, 48; bran, 20; buckwheat, 48; Indian 
corn, 56 ; corn meal, 50 ; cracked corn, 50 ; cranberries, 32 ; carrots, 
50; clover seed, 60; flaxseed, 56; herds grass or timothy seed, 45; 
Japanese barnyard millet (P. crusgalli), 35; lime, 70; oats, 32; 
onions, 52 ; pears, 58 ; peaches, 48 ; dried peaches, 33 ; peas, 60 ; 
parsnips, 45 ; roasted peanuts, 20 ; green peanuts, 22 ; Irish potatoes, 
60 ; sweet potatoes, 54 ; quinces, 48 ; rye, 56 ; rye meal, 50 ; coarse 
salt, 70; fine salt, 50; shorts, 20; tomatoes, 56; turnips, 55; wheat. 
60 ; and for fractional parts of a bushel like fractional parts of 
above weights shall be required. All fruits, nuts and vegetables, 
if sold by measure, shall be sold by dry measure, United States 
standard. Commodities, the individual units of which are deter- 
mined by the commissioner as large in size, shall be measured by 
heaping measures, that is, the measure shall be heaped up in the 
form of a cone, the outside rim of the measure to be the base of 
the cone and the cone to be as high as the commodity will admit : 
other commodities shall be measured by struck or level measure. 
Baskets or other receptacles holding one quart or less, which are 
used in the sale of strawberries, blackberries, cherries, currants, 



1917] Chapter 190. 743 

blueberries, huckleberries, raspberries or gooseberries shall be of 
the capacity of one quart, one pint, or half-pint, United States 
standard dry measure. The proprietor or proprietors of any store, 
street-stand or other mercantile establishment, where articles named 
in this section are sold or kept for sale, shall post conspicuously, 
in a place as ordered by the state commissioner and where patrons 
may easily read the same, a printed notice to be furnished by the 
said commissioner, containing the foregoing part of this section and 
such other information as said commissioner may deem advisable. 
"Whoever sells or offers for sale or has in possession with intent to 
sell any of the aforesaid fruit in any basket or other receptacle 
holding one quart or less which does not conform to said standard, 
or, conforming to said standard, is not at least level measure, or 
fails to keep posted the notice hereinbefore provided, shall be pun- 
ished as provided in said section 7. Said baskets or other recep- 
tacles shall not be required to be tested and sealed as provided by 
chapter 125, Public Statutes, but any sealer or health officer may 
test the capacity of any basket or other receptacle in which any 
of the aforesaid fruit is sold or intended to be sold ; and if the 
same is found to contain less than the standard measure, or if the 
quantity of such fruit is otherwise less than as herein provided, he 
shall seize the same and make complaint against the vendor. 

Sect. 12. It shall be unlawful for any person to sell or offer packages, Roods 
for sale any commodity in package form unless the contents thereof suteme'nrof ^^^ 
is expressed in terms of net weight, measure or numerical count in '"'eight, measure 

^ . o 7 Qj. count on the 

a conspicuous place on the outside of the package, in a plainly outside. Excep- 

•xTj^^ , • 1 . T» --It, , tion as to food, 

printed statement, m large type. Provided, however, that reason- etc., sold in 
able variations or tolerances shall be permitted, and that these ''^''''^^^^' 
reasonable variations or tolerances and also exemptions as to small 
packages shall be established by rules and regulations made by the 
commissioner of weights and measures after consultation with and 
with the advice of the Bureau of Standards of the Department of 
Commerce and Labor. Provided, however, that the above provision 
shall not apply to packages on hand or which have been specifically 
contracted for by any retailer at the time this act takes effect. 
And provided that the provisions of this section shall not apply to 
the sale of food in package form. 

Sect. 13. Any person or dealer violating the preceding section Penalty for 
shall be fined not less than twenty nor more than two hundred '''°'^''°^ ^- ^^■ 
dollars for each offence. 

Sect. 14. It shall be unlawful to sell or offer to sell in the state Coai and coke, 
any coal or coke in any other manner than by weight, except bywefght,' unless.^'' 
agreement of the parties to the contrary. No person, persons, y^gf^ht^l^'b™^"' 
firm, or corporation shall deliver any coal or coke without such^''^^'' purchaser. 
delivery being accompanied by delivery ticket and a duplicate 
thereof, on each of which shall be in ink or other indelible sub- 
stance, distinctly expressed in pounds, the gross weight of the load. 



744 Chapter 190. [1917 

the tare of the delivery vehicle, and the quantity or quantities of 
coal or coke contained in the cart, wagon, or other vehicle used in 
such deliveries, with the name of the dealer from whom purchased, 
and the party to whom it is to be delivered. One of these tickets 
shall be surrendered to the sealer of weights and measures upon 
his demand for his inspection, and this ticket or weight slip issued 
by the sealer when the sealer desires to retain the original shall be 
delivered to the said purchaser of said coal or coke or his agent or 
representative at the time of the delivery of the fuel ; and the other 
ticket shall be retained by the seller of the fuel. When the buyer 
carries away the purchase, a delivery ticket showing the actual num- 
ber of pounds delivered over to the purchaser must be given to 
the purchaser at the time the sale is made. 
Bread kept for Sect. 15. To cach loaf of bread baked and kept for the purpose 

of maker ^and^*'"^ of salc, offered or cxposcd for sale, or sold in the state, shall be 
pernor TabeL"^*^ attached a label, wrapper or stamp plainly showing its weight and 
the name of the manufacturer thereof, the size of stamp and 
type used to be specified by the state commissioner of weights 
and measures. It shall be unlawful for any person to make for 
sale, sell, offer to sell, or procure to be sold, any bread other than 
such as shall be in accordance with the provisions of this section. 
Specifications and Sect. 16. The commissioucr of weights and measures shall, after 
weights and consultatiou with and with the advice of the National Bureau of 

™tabHshed*and Standards establish specifications and tolerances for weights and 
^^^^- measures and weighing and measuring devices, and said specifica- 

tions and tolerances shall be legal specifications and tolerances in 
this state, and shall be observed in all inspections and tests made 
in this state. 
Repealing all Sect. 17. All provisions of law establishing or allowing fees 

statutory fees for /> .^ • .- .i- T £ -t-x 

inspecting and for the inspcctiou, tcstiug, or sealing of weights, measures, or 
Ind'^ealur^e^!* Weighing Or measuring devices by any sealer of state, county or 

city are hereby repealed. 
Hawkers and Sect. 18. No liccnsc shall be issued to any hawker, peddler, 

be licenled^untn vcndor Or dealer unless he presents a certificate from the sealer of 
meL^su*res'*hlve wcights and mcasures, showing that the measure or measures used 
slared^'^plnaity*^ ^^ ^^^ havc been properly inspected, tested and sealed immediately 
preceding the issuance of such license. And upon conviction of 
any hawker, peddler, vendor or dealer of any violation of the pro- 
visions of this act or other weights and measures law, such license 
shall be immediately revoked, 
p. s., ch. 126, s. Sect. 19. Sections 1 and 2 of chapter 126 of the Public Statutes 
repealed; general and all acts and pai'ts of acts inconsistent herewith are repealed 
takes' effee^'on^^ ' and this act shall take effect upon its passage. 

passag^. 

[Approved April 19, 1917.] 



1917] 



Chapter 191, 
CHAPTER 191. 



745 



AN ACT IN AMENDMENT OF CHAPTER 128, LAWS OF 1909, AS AMENDED 
BY CHAPTER 166, LAWS OF 1911, RELATING TO FOREST FIRE WARD- 
ENS. 



Section 

1. Forest fire warden or deputy, may be 
appointed for two or more towns 
or parts of towns; duties. 



Section 

2. Takes effect on passage. 



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

Section 1. Section 4 of chapter 128, Laws of 1909, as amended Forest fire war- 
by chapter 166, Laws of 1911, is hereby amended by inserting after mTy be appointed 
the word "originally" the following: He may appoint a forest t^^^j^^^^orVXlf 
fire warden or deputy forest fire warden for two or more towns or^^^^-' duties. 
parts of towns ; and the said section 4 is further amended by strik- 
ing out therefrom the remainder of the section following the phrase 
"in other public places," so that the said section 4 as amended shall 
read : Sect. 4. The selectmen of all towns and the mayors of all 
cities shall, and other citizens may, as soon as may be, after this act 
takes effect, recommend to the state forester the names of such per- 
sons as may in their estimation be fit to fill the offices of forest fire 
warden and deputy forest fire warden in their respective towns and 
cities. After investigation the state forester may choose and ap- 
point from the persons recommended, as above prescribed, not more 
than one competent person in each town or city to be the forest fire 
warden for said town or city and such deputy forest fire wardens 
as he deems necessary. Upon the appointment of a forest fire war- 
den by the state forester in any town or city, the term of office of 
the forest fire warden then or theretofore acting in said city or town 
shall immediately cease and the new appointee or appointees shall 
thereafter serve for one year, or until a successor is appointed as 
hereinbefore provided. The state forester shall have the power in 
the exercise of his discretion, to remove any forest fire warden or 
deputy forest fire warden from office. Upon the termination in any 
manner of the term of office of any forest fire warden or deputy 
forest fire warden, a successor shall be appointed in the manner 
hereinbefore provided for the appointment of such officers orig- 
inally. He may appoint a forest fire warden or deputy forest fire 
warden for two or more towns or parts of towns. Forest fire war- 
dens and deputy forest fire wardens, themselves, or some agent or 
agents designated by them, shall, when directed by the state for- 
ester, patrol the woods in their respective cities or towns, warning 
persons who traverse the woods, campers, hunters, fishermen and 
others, about lighting and extinguishing fires. They shall post ex- 
tracts from the fire laws, and other notices sent them by the state 



746 



Chapter 192. 



[1917 



Takes effect on 
passage. 



forester, along the highways, along streams and waters frequented 
by tourists and others, at camp sites, and in other public places. 
Sect. 2. This act shall take effect upon its passage. 

[Approved April 19, 1917.] 



CHAPTER 192. 

AN ACT IN AMENDMENT OP SECTION 2, CHAPTER 162, LAWS OF 1909, AS 
AMENDED BY CHAPTER 7, LA\VS OF 1911, CHAPTER 160, LAWS OP 
1915, AND AN ACT APPROVED BY THE LEGISLATURE MARCH 8, 1917, 
ENTITLED ' ' AN ACT IN AMENDMENT OP THE LAWS OP 1909, CHAPTER 
162, SECTION 2, ENTITLED 'aN ACT TO PROHIBIT THE MANUFACTURE 
AND SALE OF COCAINE AND ARTICLES CONTAINING COCAINE, AS 
AMENDED BY THE LAWS OF 1911, CHAPTER 7, AND BY THE LAWS OP 
1915, CHAPTER 160, AND PROVIDING FOR THE INSPECTION OF PRE- 
SCRIPTIONS IN CERTAIN CASES. ' "* 



Section 

1. Cocaine, morphine, heroin, codeine 
or derivatives thereof, and syn- 
thetic substitute for cocaine, sale 
of prohibited, except as to sales by 
druggist on physician's prescrip- 
tion. Record of latter how kept ; 
and open to inspection by police, 
selectmen, etc. 



Sbotion 

2. Repealing clause; takes effect on 
passage. 



Cocaine, mor- 
phine, heroin, 
codeine or deriva- 
tives thereof, and 
synthetic substi- 
tute for cocaine, 
sale of prohibited, 
except as to sales 
by druggist on 
physician's pre- 
scription. Record 
of latter how 
kept ; and open to 
inspection by 
police, select- 
men, etc. 



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

Section 1. Amend section 2, chapter 162, Laws of 1909, as 
amended by chapter 7, Laws of 1911, chapter 160, Laws of 1915, 
and by an act approved by the legislature March 8, 1917, entitled 
"An Act in amendment of the Laws of 1909, chapter 162. section 
2, entitled 'An Act to prohibit the manufacture and sale of cocaine 
and articles containing cocaine, as amended by the Laws of 1911, 
chapter 7, and by the Laws of 1915, chapter 160, and providing for 
the inspection of prescriptions in certain eases,' " by inserting after 
the words "shall not apply" and before the words "to sales to 
apothecaries" the words to sales of liquid preparations sold in good 
faith as medicines containing not more than two grains of opium, 
or not more than one-fourth grain of morphine, or not more than 
one-eighth grain of heroin or not more than one grain of codeine, 



* See chapter 61, antr. 



1917] Chapter 192. 747 

in one fluid ounce, or if a solid preparation, in one avoirdupois 
ounce, nor. Further amend said section by inserting after the words 
"kept on file" and before the words "as authority" the words for 
two years, so that said section as amended shall read as follows: 
Sect. 2. It shall be unlawful for any person, firm, or corporation 
to sell, exchange, deliver, expose for sale, give away, or have in his 
possession or custody with intent to sell, exchange, deliver or give 
away, in any street, way, square, park or other public place, or in 
any hotel, resturant, liquor saloon, bar-room, pool-room, news stand 
or other places to which persons are permitted generally to resort, 
public hall, place of amusement or public building, any cocaine or 
any of its salts, or any synthetic substitute for the aforesaid, or any 
preparation containing any of the same, morphine, heroin, codeine 
or any derivatives of the same ; provided, however, that the forego- 
ing provision shall not apply to sales of liquid preparations sold 
in good faith as medicines containing not more than two grains of 
opium, or not more than one-fourth grain of morphine, or not more 
than one-eighth grain of heroin or not more than one grain of code- 
ine, in one fluid ounce, or if a solid preparation, in one avoirdupois 
ounce, nor to sales to apothecaries, druggists, physicians, veter- 
inaries, or dentists, nor to sales by apothecaries or druggists upon 
the original prescription of a physician, provided the prescription 
is retained and kept on file for two years as authority for the sale 
and not refilled. The chief of police of cities or the selectmen of 
towns, or any officer authorized by either of them, may at any time 
enter upon any premises used by an apothecary or druggist for the 
purpose of his business and inspect such original prescriptions ; and 
every apothecary or druggist, his clerk, agent or servant, shall ex- 
hibit to such officer on demand every such original prescription so 
kept on file. 

Sect. 2. All acts or parts of acts inconsistent herewith are Repealing ciauee; 
hereby repealed and this act shall take effect upon its passage. passage.^" 

[Approved April 19, 1917.] 



748 



Chapter 193. 
CHAPTER 193. 



[1917 



AN ACT PERMITTING BANKS AND TRUST COMPANIES TO BE APPOINTED 

AS TRUSTEES, 



Section 

4. National bank, required to file with 

the attorney-general, consent to ex- 
amination of its trust department 
by bank commissioners, and ac- 
knowledge itself subject to juris- 
diction of probate court. 

5. Repealing clause; takes effect on 

passage. 



Trust company or 
national bank 
located in N. H. 
may be appointed 
trustee; such, 
located elsewhere, 
first required to 
register as foreign 
corporation. 
Laws of 1915, 
ch. 109, s. 34, 
repealed. 
Such, when ap- 
pointed trustee, 
to give surety 
company bond, in 
amount fixed in 
each case by 
probate court. 
National bank 
required to file 
with the attor- 
ney-general, con- 
sent to examina- 
tion of its trust 
department by 
bank commission- 
ers, and acknowl- 
edge itself subject 
to jurisdiction of 
probate court. 
Repealing clause; 
takes effect on 
passage. 



Sbction 

1. Trust company or national bank lo- 

cated in N. H. may be appointed 
trustee ; such, located elsewhere, 
first required to register as for- 
eign corporation. 

2. Laws of 1915, eh. 109, s. 34, re- 

pealed. 

3. Such, when appointed trustee, to 

give surety company bond, in 
amount fixed in each case by pro- 
bate court. 

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

Section 1. Any trust company or national bank, being duly 
authorized, may be appointed trustee, but any such trust company 
or national bank which has its principal place of business outside 
the state shall first comply with chapter 187 of the Laws of 1913 
relative to the registration of foreign corporations. 

Sect. 2. Section 34 of chapter 109 of Laws of 1915 is hereby 
repealed. 

Sect. 3. Such trust company or national bank when appointed 
trustee shall give a surety company bond in such sum as the judge 
of probate may order. 

Sect. 4. Any national bank desiring to be appointed trustee 
shall first file with the attorney-general, in such form as he may di- 
rect, its consent to an examination of its trust department by the 
bank commissioners of this state, and acknowledge itself amenable 
to the jurisdiction of the probate courts of this state. 

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

[Approved April 19, 1917.] 



1917] 



Chapters 194, 195. 
CHAPTER 194. 



749 



AN ACT PROVIDING FOR THE SUSPENSION OP THE LABOR LAWS OP THE 
STATE UNDER CERTAIN CONDITIONS. 



Skction 

2. Takes effect on passage. 



Sbction 

1. Governor empowered to suspend or 
modify restrictions contained in 
"labor laws," when requested by 
the council of national defense, 
during the existing war. 

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

Section 1. That the governor is hereby empowered to suspend Governor empow 
or modify the restrictions contained in the labor laws of the state or modify re- 
when such suspension or modification shall be requested by the coun- u^ned'^n "?abor 
cil of national defence and that such suspension or modification, j-equelt^'^by the 
when so made, shall continue for such time as may be specified inf?"°?'' «/ °a- 

' '' ^ tional defense, 

the order issued by the governor for that purpose, but not longer during the exist- 
than the duration of the state of war now existing as declared by 
the Congress of the United States. 

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

[Approved April 19, 1917.] 



CHAPTER 195. 



AN ACT IN AMENDMENT OP SECTION 2, CHAPTER 64, LAWS OP 1899, 
RELATING TO FIREMEN 's RELIEF FUND. 

Section l. $4,000 appropriated as firemen's relief fund to be paid to N. H. State 
Firemen's Association, annually. 

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

Section 1. That section 2, chapter 64 of the Laws of 1899, be$4,ooo appropri- 
amended as follows, by changing the word ' ' two ' ' in the first line relief 'fundTo^'be 
of said section to four, and by adding at the end of said section the state* Fireman's 
following: Said sum of four thousand dollars to be in full for^]^^**=''**'°''' *"'"' 
any appropriation for any one year, so that said section when 
amended will read as follows : Sect. 2. Four thousand dollars of 
the amount received as such tax shall annually be set apart by the 
state treasurer, and kept distinct from all other funds, and shall 



750 



Chapter 196. 



[1017 



be known as the firemen's relief fund. Such fund, in the month of 
May after its receipt, shall be paid over, upon the order of the 
governor, to the treasurer of the New Hampshire State Firemen's 
Association, as trustee, and shall be devoted to and paid out for 
the relief of any fireman injured or disabled in the discharge of his 
duty as fireman, who is a member in good standing in any regularly 
organized town or city fire company in this state belonging to said 
association and who is himself a member of said association, and 
for the relief of the dependent parent, widow or children of such 
fireman whose death was occasioned by injuries received in the line 
of his duty as a fireman; said sum of four thousand dollars to be 
in full for any appropriation for any one year, 

[Approved April 19, 1917.] 



CHAPTER 196. 

AN ACT IN AMENDMENT OF SECTION 1 OF CHAPTER 156 OF THE LAWS 
OF 1913, AS AMENDED BY SECTION 1 OF CHAPTER 164 OF THE LAWS 
OF 1915; ALSO IN AMENDMENT OF SECTIONS 2 AND 3 OF CHAPTER 
156 OF THE LAWS OF 1913 ; AND REPEALING SECTION 2 OF CHAPTER 
164 OF THE LAWS OP 1915; RELATING TO HOURS OP WORK POR 
WOMEN AND MINORS. 



Section 

1. Hours of work of females, and 

minors under eighteen, regulated 
in certain industries. 

2. Employers to post notices stating the 

hours of labor, and intervals 
therein, etc. 



Section 

3. Certain facts prima facie evidence of 

a violation of this act. 

4. Laws of 1915, ch. 164, s. 2, repealed. 

5. Act not to apply to labor in the man- 

ufacture of munitions or war sup- 
plies, in time of war. Takes ef- 
fect Jan. 1, 1918. 



Hours of work of 
females, and 
minors under 
eighteen, regu- 
lated in certain 
industries. 



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

Section 1. Amend section 1 of chapter 156 of the Laws of 1913, 
as amended by section 1 of chapter 164 of the Laws of 1915, by 
striking out the whole thereof and substituting therefor the follow- 
ing : Section 1. No female, or minor under eighteen years of age, 
shall be employed or be permitted to work at manual or mechanical 
labor in any employment, except household labor and nurses, domes- 
tic, hotel and boarding house labor, operators in telephone and tele- 
graph offices and farm labor, more than ten and one-quarter hours 
during any one day, or more than fifty-four hours in any one week. 
Where a minor under eighteen years of age or a female is employed 



1917] Chapter 196. 751 

in the same day or week by more than one employer in manual or 
mechanical labor in any employment, except household labor and 
nurses, domestic, hotel and boarding house labor, operators in tele- 
phone and telegraph offices and farm labor, the total time of em- 
ployment shall not exceed that allowed per day or week in a single 
employment. No such minor or female shall be employed or per- 
mitted to work at night work more than eight hours in any twenty- 
four hours nor more than forty-eight hours during the week. If 
any such minor or female is employed or permitted to work more 
than two nights each week for any time between the hours of eight 
o'clock p. m. and six o'clock a. m. of the day following, such em- 
ployment shall be considered night work. Mercantile establish- 
ments for the period of seven days immediately preceding Christmas 
day in each year are, as to regular employees, excepted from the 
operation of this section, but the total number of hours of labor, for 
any female, or minor under eighteen years of age, regularly em- 
ployed in such establishment, shall not exceed fifty-four hours per 
week for the full year. 

Sect. 2. Amend section 2 of said chapter 156 by inserting after Employers to post 
the words ''where such" the words minors or and by inserting after The 'hours Vf 
the words "of hours any" the words such minor or, so that as i^f,^'''tiferein!'*ltc. 
amended said section shall read: Sect. 2. Every employer shall 
post in a conspicuous place in every room, where such minors or 
females are employed, a printed notice stating the hours of com- 
mencing and stopping such work, the time allowed for dinner or 
other meals, and the maximum number of hours any such minor or 
female employee is permitted to work in any one day. 

Sect. 3. Amend section 3 of said chapter 1 56 by inserting after Certain facts 

„,,,, -, • T •!. prima facie evi- 

the words any female the words or minor under eighteen years dence of a vioia- 
of age, and by striking out the words "subdivision 1, of this sec-*'°° ° * *^ **'*' 
tion, ' ' and substituting therefor the words section 1 of this chapter, 
so that as amended said section shall read : Sect. 3. ^ The employ- 
ment of anj^ female, or minor under eighteen years of age, in any 
such place or establishment, as defined in section 1 of this chapter, 
at any time other than those of the posted hours of labor, as herein- 
before provided for, shall be prima facie evidence of a violation of 
this act. 

Sect. 4. Section 2 of chapter 164 of the Laws of 1915 is hereby Laws of i9i5, 

, , ch. 164, s. 2, 

repealed. repealed. 

Sect. 5. This act shall take effect January 1, 1918, and the pro- Act not to apply 
visions of this act shall not apply to labor performed entirely in manufTct'ure of 
the manufacture of munitions or supplies for the United States ™^^\'>^^^'"ti^Y 
government or for the government of the state of New Hampshire, effelt* Jan"^!^^^ 
while the United States is at war with any other nation. i9i8. 

[Approved April 19, 1917.] 



752 



Chapter 197. 
CHAPTER 197. 



[1917 



AN ACT IN AMENDMENT OF AN ACT ENTITLED AN ACT TO PROVIDE FOR 
A HOME GUARD," APPROVED APRIL 11, 1917.* 



Skctiok 

1. Title home guard changed to state 

guard. 

2. Military emergency board created; 

empowered with the governor to 
make regulations for enlistment, 
equipment, maintenance and com- 
pensation of. 



Section 

3. Amending title in earlier act, from 
home guard to state guard. 
Prorisions applicable to home guard 

to apply to state guard. 
Takes effect on passage. 



4. 



5. 



Title home guard 
changed to state 
guard. 



Military emer- 
gency board cre- 
ated ; empowered 
with the governor 
to make regula- 
tions for enlist- 
ment, equipment, 
maintenance and 
compensation of. 



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

Section 1 . The title of an act entitled, ' ' An Act to provide for a 
home guard," approved April 11, 1917, is hereby amended by strik- 
ing out the word "home" and inserting in place thereof the word 
state, so that the title of said act as amended shall read as follows : 
An Act to provide for a state guard. 

Sect. 2. Section 1 of said act is hereby amended by striking 
out, after the words "known as the," the word "home" and insert- 
ing in place thereof the word state and by striking out after the 
words "national guard" the word "and" and inserting in place 
thereof the words excepting that men of the third and fourth 
classes of the unorganized militia as described in section 4 of an 
act entitled "An Act concerning the militia," approved April 5, 
1917, may be recruited for state guard service until required for 
service in the national guard. The state guard, so that said sec- 
tion as amended shall read as follows: Section 1. The governor 
is authorized to appoint a board composed of three members to be 
known as the military emergency board who shall hold office from 
the date of their appointment until April 1, 1919, and until their 
successors are appointed and qualitied. Said board shall take 
proper action to perfect and maintain a body of armed troops for 
duty within the state of New Hampshire to be known as the state 
guard. Such troops shall be recruited from tlie citizens of the 
state who cannot be held for service in the national guard, except- 
ing that men of the third and fourth classes of the unorganized 
militia as described in section 4 of an act entitled "An Act con- 
cerning the militia," approved April 5, 1917, may be recruited for 
state guard service, until required for service in the national 
guard. The state guard shall be called into service only by the 
order of the governor. 



See chapter 144, ante. 



1917] 



Chapter 198. 



753 



Sect. 3. Section 2 of said act is hereby amended by striking out Amending title in 
the word ' ' home ' ' and inserting in place thereof the word state, so home ^Ruard to"™ 
that said section as amended shall read as follows : Sect. 2. Said ^^'^^'^ ^"^''^ 
board, acting with the governor, shall make regulations to provide 
for the manner and form of enlistment, organization, government, 
discipline, maintenance, armament, equipment, and for compensa- 
tion of the state guard when called into active service, and do all 
things necessary and proper to carry out the purposes of this act. 
Such compensation so paid shall not be at a greater rate than that 
now paid the national guard while in active state service. 

Sect. 4. All provisions in other acts heretofore enacted and now Provisions appii- 
in force relating to the home guard and to the powers, privileges guaH \°o apply to 
and duties of its members shall apply to the state guard and its^*''*'" ^^^''d- 
members. 



Sect. 5. This act shall take effect upon its passage. 
[Approved April 19, 1917.] 



Takes effect on 
passage. 



CHAPTER 198. 

AN ACT RELATING TO THE ESTABLISHMENT OF A FREE EMPLOYMENT 
OFFICE IN THE BUREAU OF LABOR. 



Section 

1. Free employment office created. 

2. Commissioner of labor to supervise 

it. Clerical assistance provided. 

3. Lists of employment wanted, and of 

help wanted to be kept. 

4. Act applies to both sexes; and all 

forms of legitimate work. 

5. No fees to be charged. 



Section 

6. Preference in registering to be given 

residents of N. H. 

7. Clerks of towns and cities to for- 

ward applications. 

8. Commissioner to cause reports of the 

office to be furnished the press and 
citizens on request. 

9. Takes effect May 1, 1917. 



Be it enacted by the Senate and House of Representatives in 
General Co^irt convened: 



Section 1. There shall be established and maintained, under the Free employment 
care and direction of the commissioner of labor, a free employment °^'^^ created. 
office for the purpose of bringing together those who seek employ- 
ment and those who desire to employ. 

Sect. 2. This work shall be done in the office and in connection commissioner of 
with the bureau of labor, and the commissioner of labor shall ap- jf^'cigr^caT alsls?-^ 
point such clerks or assistants as he may deem necessary for the ^^^^ provided. 
proper conduct thereof, and shall fix their compensation, subject to 
the approval of the governor and council. 



7^4 Chapter 198. [1917 

Lists of employ- Sect. 3. It shall be the duty of the commissioner of labor to 

ment ■wanted, and • •,■! i i j i /»i -i n -j. i_i i i 

of help wanted to Tcceive without Charge and keep on tile, by means or suitable books 

be kept. ^^ Other rccord, a correct list of all applications for employment 

made by any person who shall file an application for work. It 

shall also be the duty of said commissioner of labor to keep on file, 

in the same manner, a correct list of all applications filed by any 

person, partnership or corporation, seeking to hire help for any 

legitimate purpose, and it shall be the duty of said commissioner of 

labor and his assistants to aid persons so applying for employment 

and to assist employers so applying to obtain help. 

Act applies to Sect. 4. This act shall apply to female as well as male appli- 

an*Vmrof^k^ cants, and to any and all kinds and descriptions of legitimate em- 

gitimate work. ploymcnt Or servicc. 

No fees to be Sect. 5. No fces, direct or indirect, shall in any case be taken 

charge . from thosc Seeking the benefits of said employment office. 

Preference in S?CT. 6. In registering applications for employment and for 

gifen^r'esfdents ^ employees Wanted, preference shall be given to residents of the 
°* N. H. g^g^^g 

Clerks of towns Sect. 7. It shall be the duty of city clerks of cities and town 
w^rd*^ appiilfations. clcrks of towTis to co-opcrate with said employment office as re- 
quested by the commissioner of labor in the matter of receiving and 
forwarding applications from those desiring employees and those 
desiring employment. Such city or town clerks may in the discre- 
tion of the commissioner of labor be furnished with application 
blanks for this purpose. Such city or town clerks shall receive no 
compensation from the state for such service but they may by 
proper order or direction from the authorities of their towns or 
cities receive compensation therefor, or the same may be regarded 
as a part of their duties as such town or city clerks according to 
the direction of each town or city. 
Commissioner to Sect. 8. The Commissioner of labor shall cause reports showing 
the^offi^e^'to \e°^ tlic busiucss of the officc to be prepared at regular intervals, and 
presi* an'd ^citizens shall supply them to the newspapers and to citizens upon request, 
request. Sect, 9. This act shall take effect May 1, 1917. 



Takes effect May 
1, 1917 



[Approved April 19, 1917.] 



1917] 



Chapter 199. 
CHAPTER 199. 



755 



AN ACT TO PROVIDE FOR THE EXPENDITURE OF FUNDS RECEIVED BY TETE 
STATE FROM THE NATIONAL FOREST. 



Section 

1. All funds received from the national 

government under the Weeks law, 
governed by this act. 

2. First applied to tovirns and unorgan- 

ized townships in which national 
forest is located. Proportion, how 
determined. 



Section 

3. Organized towns to apply it to pub- 

lic schools and roads. 

4. Unorganized townships, fund to be 

applied to public schools and roads 
in the same county, as governor 
and council direct. 

5. Takes effect on passage. 



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

Section 1. All sums received by this state from the United ah funds received 
States of America on account of the national forest in this state government under 
established under the provision of the "Weeks Law, so called, being go^eraed' by ^Tis 
an act of Congress approved March 1, 1911, and amendments *'^'- 
thereto, shall be distributed as provided in this act. 

Sect. 2. Said funds shall first be appropriated by the state pirst applied to 
treasurer amongst the several organized towns and unorganized ^an^e^^^ow^sMps 
townships in which such national forest is or may be situated, in ^^j.^^^^'?^ located*^ 
proportion to the area of such national forest in each, as determined Proportion, how 
by the forest service of the United States department of agriculture. 

Sect. 3. The several sums so apportioned to each organized organized towns 
town shall be paid over by the state treasurer, within sixty days p^bi^F'^choo^ 
after receipt thereof, to the treasurer of such town and shall be ex- ^^^ ^°*'^*- 
pended for the benefit of the public schools and public roads of such 
towns, in addition to the sums required by law to be raised for 
such purposes, in such manner as may be determined by appropria- 
tions duly made by town meetings in such town. 

Sect. 4. All sums so apportioned to unorganized townships shall unorganized 
be expended for the benefit of public schools and public roads in the to^be^ applied to 
counties in which such unorganized townships are located, in such roads" in ^the^^me 
manner as the governor and council may from time to time deter- ^°^°*y'^*^^°^?[ 
mine. '^'*■^'^'• 

Sect 



5. This act shall take effect upon its passage. 



Takes eflfect on 
passage. 



[Approved April 19, 1917.] 



756 



Chapter 200. 
CHAPTER 200. 



[1917 



AN ACT TO PROVIDE FOR STATE AID ON CERTAIN HIGHWAYS. 



Section 

1. County commissioners given powers 

of selectmen as to certain high- 
ways. 

2. Amounts to be applied, how deter- 

mined. 

3. State highway commissioner to ac- 

cept application for aid from 
county commissioners, on certain 
highways. 



Sectiok 

4. Apportionment of cost between town 

and county, how determined. 

5. Laws of 1905, ch. 35, applies to 

work done and highways improved 
hereunder. 

6. Town may still have advantage of 

Laws of 1905, ch. 35. 

7. Takes efifect on passage. 



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



County commis- 
sioners given 
powers of select- 
men as to certain 
highways. 



Amounts to be 
applied, how 
determined. 



State highway 
commissioner to 
accept application 
for aid from 
county commis- 
sioners, on cer- 
tain highways. 



Apportionment of 
cost between town 
and county, how 
determined. 



Section 1. In counties where by an order of the superior court 
the commissioners are charged with the duty of maintaining a sec- 
tion of main highway, the provisions of chapter 35, Laws of 1905 
(as amended) are hereby made to apply, the county commissioners 
being given the powers and duties of selectmen under said law. All 
references in this act to said chapter 35, Laws of 1905 or to particu- 
lar sections of said chapter shall be deemed to include all amend- 
ments thereto. 

Sect. 2, The amount of money to be appropriated and set aside 
by the commissioners for any section of highway under section 1 of 
this act shall be the same amount as that provided by sections 3 and 
4, chapter 35 of the Laws of 1905 for the town to set aside in which 
said highway is located and the state highway commissioner shall 
apportion to said highway an amount equal to that allotted said 
town under section 5, chapter 35 of the Laws of 1905, said appor- 
tionment to be made from the funds appropriated to carry out the 
provisions of said chapter. 

Sect. 3. Authority is hereby given to the state highway commis- 
sioner, whenever in his opinion the public good so requires, to ac- 
cept an application for state aid as provided by chapter 35 of the 
Laws of 1905 and section 2 of this act from the commissioners of 
any county in the state, said application to apply to the construc- 
tion of a trunk line road or state aid road passing through a corner 
of said town covered by the application. 

Sect. 4. The amount of money necessary for the town to raise 
for an application by the commissioners under section 1 of this act 
shall be divided between the county and the town in the same ratio 
as the cost of maintaining said highway is divided by the order of 
the court. For an application by the commissioners under section 
3 the amount of money necessary for the town to raise shall be 
appropriated from the funds of the county and authority is hereby 



1917 



Chapter 201. 



757 



given the commissioners of the county to make such an appropria- 
tion. 

Sect. 5. The provisions of chapter 35, Laws of 1905 (asLaws of i905, ch. 
amended), shall apply to all work done under this act and govern work^^(k.n*e^ and 
the future status of all highways improved under this act. provecT^hereunder. 

Sect. 6. Nothing in this act shall be construed as preventing Town may stiu 
any town from taking advantage of chapter 35 of the Laws of 1905. Laws of i905, 

Sect. 7. This act shall take effect upon its passage. Takes effect on 

passage. 

[Approved April 19, 1917.] 



CHAPTER 201. 

AN ACT IN AMENDMENT OF SECTION 20 OF CHAPTER 27 OF THE PUBLIC 
STATUTES, AS AMENDED BY CHAPTER 112 OF THE LAWS OP 1903, 
CHAPTER 22 OF THE LAWS OF 1907, CHAPTER 83 OF THE LAWS OF 
1909, AND CHAPTERS 2, 44 AND 136 OF THE LAWS OF 1913, RELATING 
TO COUNTY COMMISSIONERS. 



Section 

1. Salary of commissioners of certain 
counties fixed. 



Section 

2. Takes effect on passage. 



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

Section 1. That section 20 of chapter 27 of the Public Statutes, salary of com- 
as amended by chapter 13 2 of the Laws of 1903, chapter 22 of the ™?^"*',"„'^^*i,g 
Laws of 1907, chapter 83 of the Laws of 1909, and chapters 2, 44fi^ed. 
and 136 of the Laws of 1913, be and the same hereby is amended 
by striking out the word "and" in the second line thereof and sub- 
stituting in place thereof a comma, and by inserting after the word 
"Merrimack" in said second line the words and Grafton, and by 
striking out the word "and" in the eleventh line thereof, and by 
inserting between the words "year" and "payable" in the twelfth 
line thereof the words and each commissioner of Grafton county the 
sum of five hundred dollars per year, and by striking out the words 
' ' one thousand ' ' in the sixteenth line thereof and inserting in place 
thereof the words eleven hundred, so that said section as amended 
shall read as follows : Sect. 20. Each county commissioner, ex- 
cept the commissioners of Hillsborough, Cheshire, Merrimack and 
Grafton 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, 

SI 



758 



Chapter 202. 



[1917 



Takes effect on 
passage. 



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, each commissioner of Merrimack county the sum of one thou- 
sand dollars per year, and each commissioner of Grafton county the 
sum of five hundred dollars per year, payable in equal quarterly in- 
stallments, 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 eleven hundred dollars per year for such cler- 
ical, 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 April 19, 1917.] 



CHAPTER 202. 

AN ACT TO PROTECT THE PTIBLIC AGAINST THE SALE OP WORTHLESS 

SECURITIES. 



Section 

1. Terms "dealer" and "securities" de- 

fined. 

2. Dealer in securities to be registered. 

3. Insurance commissioner to register 

dealers. Application. Publication. 
Objections. Certificate. Fee. 

4. Agents and salesmen of denier, to be 

registered. Procedure. Fee. Rev- 
ocation. 

5. Registration to be for calendar year. 

Renewal and fee. 

6. Commissioner to publish semiannu- 

ally list of registered dealers. 

7. Registered dealers may sell secur- 

ities within this state. 



Section 

8. Commissioner may prohibit sale of 
undesirable securities, when. 

Revocation of dealers' and agents' 
registration, by commissioner, 
when and how. 

Notice by commissioner to dealer or 
agent may be by mail. 

Banks and trust companies not 
within purview of this act. 

Penalties. Evidence in civil pro- 
ceedings. 

Salary; fees and expenses. 

Takes effect on passage; but regis- 
tration unnecessary until Septem- 
ber 1, 1917. 



9. 



10. 



11. 



13. 
14. 



Terms "dealer" 
and "securities" 
defined. 



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

Section 1. Under this act, the term dealer shall mean any indi- 
vidual, partnership, association or corporation engaging in the sell- 
ing or offering for sale of securities, except to or through the 
medium of, or as agent or salesman of, a registered dealer. But 
sales made by or in behalf of a vendor in the ordinary course of 
bona fide personal investment of his pei-soual lioldings or eliange of 



1917] Chapter 202. 759 

such investments shall not constitute such vendor or the agent of 
such vendor, if not otherwise engaged either permanently or tempo- 
rarily in selling securities, a dealer in securities. Nor shall the 
offer of or sale of its own securities by an association or a corpora- 
tion to its own members or stockholders constitute such association 
or corporation a dealer in securities nor in the case of the founda- 
tion of a New Hampshire corporation organized to do business 
within the state shall the offer of a sale of its securities by such 
corporation constitute it a dealer in securities. The term "securi- 
ties" shall include all classes of stocks, bonds, debentures or certifi- 
cates of participation. 

Sect. 2. No dealer in securities shall in this state by direct so- Dealer in secur- 
licitation or through agents or salesmen or by letter, circular or J.gg?g^*^g^® 
advertising, sell, offer for sale, or invite offers for or inquiries about 
securities unless registered as a dealer under the provisions of this 
act. No salesman or agent shall in this state in behalf of any 
dealer, sell, offer for sale, or invite offers for or inquiries about 
securities unless registered as a salesman or agent of such dealer 
under the provisions of this act. 

Sect. 3. Any dealer desiring registration shall file written insurance com- 

. . „ . . . . . missioner to reg- 

application thereior with the insurance commissioner accompanied ister dealers. 
by a registration fee of twenty-five dollars, the fee to be returned PubiiMUon.' ob- 
if the application is not granted. The application shall be in such iate.°Fee.^^'^''* 
form as may be prescribed by the commissioner and shall state in 
writing the principal place of business, the name or style of doing 
business, and the address of the dealer, the names, residences and 
business addresses of all persons interested in the business as prin- 
cipals, officers, directors or managing agents, specifying as to each 
his capacity and title, and the length of time during which the 
dealer has been engaged in the business. Every non-resident dealer 
shall file a power of attorney, irrevocable, properly authorized, and 
with satisfactory certificates or other evidence of the authorization, 
appointing the commissioner his agent for the service of legal pro- 
cess upon the dealer in any action in the courts of this state based 
upon or arising in connection with any sale of, attempt to sell, or 
advertising of securities in this state, or any violation of this act. 
Upon the filing of the application the commissioner shall forthwith 
give notice of the fact and date of such application and of the name, 
principal place of business and address of the dealer, by advertise- 
ment inserted in one or more newspapers of general circulation. 
The registration certificate shall not be issued before the expiration 
of two weeks from the completion of such publication. Any person 
may within such two- weeks period file objection to the proposed 
registration. Each application shall be accompanied by certificates 
or other evidence sufficient to reasonably establish the dealer's good 
repute. The commissioner may make such other and further inves- 
tigation thereof as he may deem desirable. Upon being satisfied of 



760 Chapter 202. [1917 

the dealer's good repute the commissioner shall, in case no objection 
to the proposed registration be filed, register the dealer. If the 
commissioner shall not be satisfied of the dealer's good repute or if, 
within the two-weeks period succeeding the publication aforesaid, 
objection shall be made to the proposed registration, he shall give 
notice of either fact to the dealer, and upon request from the dealer 
shall fix a time and place for hearing of which fourteen days ' notice 
shall be given by mail to the dealer and to the objectors; and at 
such hearing opportunity shall be given to said dealer and to any 
other persons interested or objecting to offer further evidence as to 
the dealer's character and repute. If satisfied as a result of such 
hearing of the dealer's good character and repute in business, the 
commissioner shall thereupon register the dealer. Upon registra- 
tion of any dealer a registration certificate shall be issued stating 
the name, principal place of business and address of the dealer, the 
names, residences and business addresses of all persons interested 
in the business as principals, officers, directors or managing agents, 
and the fact that the dealer has been registered for the current 
calendar year as a dealer in securities. The certificate shall in other 
-, respects be in such form as the commissioner may determine, but 
shall state in bold type that the commissioner does not recommend 
and assumes no responsibility for, securities offered by the dealer. 
Certified copies of this certificate shall be furnished to the dealer at 
one dollar each. Changes in the certificate necessitated by changes 
in the personnel of a partnership, or in the principals, officers, di- 
rectors or managing agents of any dealer, may be made at any 
time upon written application to the commissioner, accompanied by 
statement of the facts necessitating the change upon the payment 
of the required fee of one dollar. Upon the issue of the amended 
certificate, the original certificate and the certified copies thereof 
outstanding shall be promptly surrendered to the commissioner for 
cancellation. 
Agents and sales- Sect. 4. Upou Written application by a registered dealer, accom- 
be^'registered^'^' ^'^ pauicd by a registration fee of ten dollars for each person, the com- 
Revoca"ion. ■^^^' missioner shall, if he is satisfied that tliey are suitable persons, 
register, as agents or salesmen of such dealer, such persons as the 
dealer may request. The application shall be in such form as the 
commissioner may prescribe and shall state the residences and 
addresses of the i)ersons whose registration is requested. The com- 
missioner shall issue to each person so registered a registration cer- 
tificate stating his name, residence and address, the name, principal 
place of business and the address of the dealer, and the fact that he 
is registered for tlie current calendar year as agent or as salesman 
(as the case may be) of the dealer. The certificate sliall in other 
respects be in such form as the commissioner shall determine, but 
shall state in bold type that the commissioner does not recom- 
mend or assume any responsibility for securities offered by the 



1917] Chapter 202. 781 

dealer or the dealer's agents or salesmen. Such registration of 
agents may be renewed from year to year upon the request of the 
dealer and the payment of the registration fee of ten dollars. Upon 
application by the dealer, the registration of any agent or salesman 
shall be cancelled. 

Sect. 5. All registrations of dealers or agents shall expire at Registration to be 
the close of the calendar year, but new registrations of dealers for Renews? and ^ee! 
the succeeding year shall be issued as of course without the filing of 
further statements or furnishing any further information, unless 
specifically requested by the commissioner, upon written applica- 
tion of the dealer and payment of a registration fee of twenty-five 
dollars for each registration. 

Sect. 6. The commissioner shall at least twice during each year commissioner to 
publish in a state paper a list of the then registered dealers, and of annually list of 
their registered agents or salesmen, and shall also at any time on '^®^'^*®'^® eaers. 
request by mail or otherwise inform any inquirer as to whether or 
not any individual, partnership, corporation or association is regis- 
tered either as dealer, agent or salesman. 

Sect. 7. Any dealer niav, and any person named in a registra- Registered dealers 

.„ , '.' -iiipc 11 n ™*y s®'l secur- 

tion certificate as above provided may, m behali oi any dealer, sell, ities within this 
oif er for sale or invite offers for or inquiries about securities in this ^ ^ ^' 
state, but shall at all times when so engaged carry with him the 
registration certificate, or a copy thereof certified by the commis- 
sioner, which shall at any time be shown to any prospective cus- 
tomer upon request. No dealer, agent or salesman shall advertise 
publicly the fact of his registration or use such fact or the registra- 
tion certificate in connection with any sale or effort to sell securi- 
ties, except by statement of the fact or by exhibiting the certificate 
or a certified copy thereof. 

Sect. 8. The commissioner may require a dealer to file with him Commissioner may 

,.,,.,. n» • • ^ prohibit sale of 

a list of the securities which he is at the time ottering or is about to undesirable secar- 
offer for sale, and if he deem it expedient he may require the filing" " 
of statements of assets, liabilities and earnings, or any other facts 
he may deem pertinent in relation to any of the securities offered 
or to be offered by the dealer or the associations or corporations 
issuing them ; and may require the filing of copies of any or all 
printed or otherwise reduplicated circulars or printed advertise- 
ments relating to securities which the dealer has within six months 
offered for sale or which the dealer shall thereafter offer for sale; 
and, thereupon if the commissioner is of the opinion that such se- 
curities are of such a character that there is a serious financial 
danger to the purchaser in buying them or that the circulars and 
advertisements do not disclose pertinent facts sufficient to enable 
intending purchasers to form a correct judgment of the nature and 
value of the securities, he may prohibit the dealer from selling or 
offering the securities, or any of them, or in anyway advertising 
the same; but nothing in this section shall be construed to require 



762 



Chapter 202. 



[1917 



Revocation of 
dealers' and 
agents' registra- 
tion, by commis- 
sioner, when and 
how. 



Notice by com- 
mifisioner to 
dealer or agent 
may be by mail. 



BankB and trust 
companies not 
within purview of 
this act. 

Penalties. 
Evidence in civil 
proceedingB. 



a registered dealer to file with the commissioner any statement cir- 
cular or advertisement as a condition precedent to the selling or 
offering of anj^ security or to refrain from the selling or offering of 
any security at any time unless the selling or offering of such secur- 
ity shall have been thus specifically prohibited by the commissioner. 

Sect. 9. The commissioner may, unless furnished with satisfac- 
tory evidence as pro\aded in the preceding sections, or in case of 
violation of any provision of this act, or in case of dishonest, deceit- 
ful or fraudulent conduct on the part of any dealer in connection 
with the carrying on of the business, revoke such dealer's registra- 
tion, and may, having reasonable cause to believe that any dealer 
has been guilty of violation of the provisions of this act, or of dis- 
honest, deceitful or fraudulent conduct in connection with the carry- 
ing on of the business, suspend such dealer's registration until 
satisfied to the contrary. In either case the dealer shall not be re- 
garded as registered under the provisions of this act until restored 
to registration by the commissioner. The revocation or suspension 
of the dealer's registration shall constitute a revocation or suspen- 
sion of the registration of any agent or salesman of the dealer. The 
commissioner may, in case of violation of any provision of this act, 
or in case of dishonest, deceitful or fraudulent conduct, on the part 
of an}' agent or salesman in connection with the business, revoke 
such agent's or salesman's registration; and may, having reasonable 
cause to believe that any agent or salesman has been guilty of viola- 
tion of the provisions of this act, or dishonest, deceitful or fraudu- 
lent conduct in connection with the business, suspend the agent's or 
salesman's registration until satisfied to the contrary. In either 
case, the agent or salesman shall not be regarded as registered 
under the provisions of this act. until restored to registration by 
the commissioner. In case of suspension or revocation of registra- 
tion, all certificates shall at once be surrendered to the commissioner 
upon his request. 

Sect. 10. Notice of any requirement or decision of the commis- 
sioner shall be sufficient if sent by mail addressed to the dealer, 
agent or salesman, as the case may be, at the address designated in 
the application for registration. 

Sect. 11. Nothing in this act shall apply to the banks or trust 
compajiies of this state acting as agents for their customers in the 
purchase of securities. 

Sect. 12. Any dealer or any person violating any ju-ovision of 
this act, or knowingly filing with the commissioner or furnishing 
to him any false or misleading statements or information, shall be 
punishable upon conviction thereof by a fine of not more than two 
thousand dollars, or by imprisonment for not more than six months, 
or by both such fine and imprisonment ; and such false or mislead- 
ing statements or information so furnisheil shall be evidence in 
court that anv sales of such stock or bonds made thereafter were 



1917] 



Chapter 203. 



763 



made on false representation in a suit to recover damages on 
account of loss sustained through the purchase thereof. 

Sect. 13. There is hereby appropriated from the revenue col- salary; fees and 
lected under this act five hundred dollars ($500) additional salary ^'^p^"^^^- 
for the insurance commissioner, upon whom devolves the duty of 
enforcing this act; and the sum of eight hundred dollars ($800) 
for the salary of a clerk ; and out of the revenue collected under this 
act his actual expenses. All fees collected under this act shall be 
paid by said commissioner to the state treasurer. 

Sect. 14. This act shall take effect on its passage but no regis- Takes effect on 
tration shall be necessary or become effective under this act before registration 

. T J? i J £ a J. 1-' -I n-i T unnecessary until 

the first day oi September, 1917. Sept. i. i9i7. 

[Approved April 19, 1917.] 



CHAPTER 203. 



AN ACT TO PROHIBIT THE DESTRUCTION OF FOODSTUFFS IN TIME OF WAR. 



Section 

1. Trespass to garden or truck farms 
during time of war prohibited. 
Penalty. 



Section 

2. Takes effect on passage. 



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



Section 1. If any person shall, during time of war, enter upon Trespass to garden 
any field, garden or land of another, sown, planted or cultivated during tinfe'of 
with grain, vegetables, fruit, article of food or substance used in the Penaity°^*^'*^*^' 
preparation of food, with intent to retard or injure the growth of 
the same, or shall cut, carry away or injure any growth or product 
of the soil of such field, garden or land, he shall be fined not exceed- 
ing five hundred dollars or be imprisoned not exceeding one year, 
or both. 



Sect. 2. This act shall take effect upon its passage. 
[Approved April 19, 1917.] 



Takes effect on 
passage. 



764 



Chapters 204, 205. 
CHAPTER 204. 



[1917 



AN ACT TO AMEND SECTION 7 OF CHAPTER 167 OF THE LAWS OF 1915 
RELATING TO THE PRACTICE OP MEDICINE. 



Skction 

1. Necessary period of study in medical 
school may be suspended in time 
of war by the board of medical 
examiners. 



Section 

2. Takes effect on passage. 



Necessary period 
of study in med- 
ical school may 
be suspended in 
time of war by 
the board of 
medical examin- 
ers. 



Takes effect on 
passage. 



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

Section 1. Amend paragraph 4 of section 7 of chapter 167 of 
the Laws of 1915 by adding at the end thereof the following : The 
provisions of this paragi-aph may be suspended in whole or in part 
by order of the board of medical examiners on account of war or 
other threatened or existing national calamity, so that said para- 
graph as amended shall read as follows: (4) Has studied the 
treatment of human ailments not less than four school years of 
not less than nine months each, in a medical school registered as 
maintaining at that time a standard satisfactory to the board, and 
has graduated from such school. The provisions of this paragraph 
may be suspended in whole or in part by order of the board of medi- 
cal examiners on account of war or other threatened or existing 
national calamity. 

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

[Approved April 19, 1917.] 



CHAPTER 205. 

AN ACT RELATING TO THE TRANSFER OF QUESTIONS OF LAW FROM THE 
PUBLIC SERVICE COMMISSION TO THE SUPREME COURT. 



Section 

1. Direct transfer of questions of law 
authorized. 



Section 

2. Takes effect on passage. 



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

Direct transfer of SECTION 1. The public scrvicc comniisslon may at any time 

questions of law ' n i • • 

authorized. rcscrve, Certify and transfer to the supreme court tor decision any 

question of law arising during the hearing of any matter before 



1917] 



Chapter 206. 



T95 



said commission. Such reserved and certified case may be entered 
in the supreme court at any time. 

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

'^ jr o passage. 

[Approved April 19, 1917.1 



CHAPTER 206. 

AN ACT IN AMENDMENT OF CHAPTER 176 OP THE LAWS OF 1915, RELAT- 
ING TO THE MANAGEMENT AND CONTROL OF STATE INSTITUTIONS, 
AS AMENDED BY AN ACT APPROVED APRIL 3, 1917.* 



Skction 

1. Board of trustees of state institu- 
tions, created. Tenure of office. 
Vacancies, how filled. 



Section 

2. Takes effect on passage. 



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

Section 1. Amend chapter 176 of the Laws of 1915, relating to Board of trustees 
the management and control of state institutions, as amended by an uons^^creTted!^ 
act approved April 3, 1917, by striking out section 2 thereof, and vtcandes h^^' 
inserting in its place the following: Sect. 2. The governor, withfi'^ed. 
the advice and consent of the council, shall appoint five suitable 
persons, who, with the governor, ex officio, shall constitute said 
board. The members so appointed shall hold office, as designated 
by the governor, for one, two, three, four, and five years respect- 
ively, and until their successors are appointed and qualified. At 
the expiration of such terms, appointment shall be made for a term 
of five years. Vacancies shall be filled by appointment as afore- 
said, for the unexpired part of a term. 

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

^ I' o passage. 

[Approved April 19, 1917.] 



* See chapter 112, section 2, antf. 



766 



Chapters 207, 208. 
CHAPTER 207. 



[1917 



AN ACT IN AMENDMENT OF CHAPTER 139, LAWS OP 1915, "aN ACT IN 
ADDITION TO AND IN AMENDMENT OF CHAPTER 35 OF THE LAWS OF 
1905, CHAPTER 155 OF THE LAWS OF 1909, CHAPTERS 158 AND 168 
OF THE LAWS OF 1913, AND SECTION 1, CHAPTER 84, OF THE LAWS 
OF 1913," RELATING TO PERMANENT IMPROVEMENT OF MAIN HIGH- 
WAYS. 



Section 

1. Certain roade to come within pur- 
view of Laws of 1913, ch. 84, 
s. 1. 

Be it enacted hy the Senate 
General Court convened: 



Certain roads to 
come within pur- 
view of Laws of 
1913, ch. 84, s. 1. 



Takes effect on 
passage. 



Section 

2. Takes effect on passage. 



and House of Representatives in 



Section 1. Amend section 1 of chapter 139, Laws of 1915, by- 
striking out the words ''chapter 35 of the Laws of 1905," so that 
said section as amended shall read: Section 1. All roads in- 
cluded in chapter 155 of the Laws of 1909, and chapters 158 and 
168 of the Laws of 1913, shall be included in the terms of section 
1, chapter 84, Laws of 1913. 

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

[Approved April 19, 1917.] 



CHAPTER 208. 



AN ACT IN FAVOR OF PLYMOUTH NORMAI> SCHOOL. 
Section l. $16,500 appropriated for specified purposes. Takes effect May 15, 1917. 

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

$16,500 appro- SECTION 1. The sum of sixteen thousand five hundred dollars is 

specified^rposes. hereby appropriated for repairs and improvements at Plymouth 
Take^s^effect May normal school, viz : (1) for drainage, grading, walks, gutters, 
etc., about Mary Lyon house (new dormitory), $3,300; (2) furni- 
ture for dormitory and gjTunasium, $1,000; (3) buying the prop- 
erty east of building, $4,000; (4) subway from boiler room with new 
steam piping, $7,500; (5) general repairs, $700; said sums to be 
expended under the direction and control of the board of trustees 
of state institutions and said act shall take effect May 15, 1917. 

[Approved April 19, 1917.] 



1917" 



Chapters 209, 210. 



767 



CHAPTER 209. 

AN ACT IN AMENDMENT OF CHAPTER 13 OF THE PUBLIC STATUTES, RE- 
LATING TO THE NEW HAMPSHIRE SOLDIERS' HOME, AS AMENDED BY 
CHAPTER 18 OF THE LAWS OF 1899. 



Section 

1. New Hampshire Soldiers' Home, to 
receive dependent soldiers who 
serve in the war with Germany. 



Section 

2. Takes effect on passage. 



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



Section 1. Amend chapter 13 of the Public Statutes, relating New Hampshire 
to the New Hampshire Soldiers' Home, as amended by chapter 18 fo°recejtef e^nd- 
of the Laws of 1899, by striking out section 1 thereof, and substitut- serve°^nThe'^ar 
ing in its place the following: Section 1. There is established ^'^^ ^^™*°y- 
in this state a home, known as the New Hampshire Soldiers' Home, 
for the support and care of men who served in the army or navy 
of the United States, in the Mexican war, the war of the Rebellion, 
the Spanish war, and who may serve in the war with Germany, 
and were or shall be honorably discharged therefrom, and who are 
or may become unable to earn a livelihood by reason of wounds, 
disease, eld age, or other infirmity, and have no adequate means of 
support. 

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

passage. 

[Approved April 19, 1917.] 



CHAPTER 210. 

AN ACT RELATIVE TO THE SALARY OF THE TREASURER OF MERRIMACK 

COUNTY. 



Section 

1. Salary fixed at $400. 



Section 

2. Repealing clause; takes effect on 
passage. 



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

Section 1. The annual salary of the treasurer of the county of salary fixed at 
Merrimack shall hereafter be four hundred dollars payable as now^^°°' 
provided by law. 

Sect. 2. All acts and parts of acts inconsistent with this act are Repealing cianse; 
hereby repealed and this act shall take effect upon its passage. Sllg^e*^^*'' "" 



[Approved April 19, 1917.] 



768 



Chapters 211, 212. 
CHAPTER 211. 



[1917 



AN ACT TO PROVroE FOR THE ASSESSMENT AND COLLECTION OP A STATE 
TAX FOR THE YEAR 1918. 



Section 
1. 



,000 fixed as state tax for 1918. 



Section 

2. Repealing clause; takes effect Sept. 
1, 1917. 



$800,000 fixed as 
state tax for 1918. 



Repealing clause; 
takes effect Sept. 
1, 1917. 



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 
raised for the use of the state for the year 1918, 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 1917, 
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 be- 
fore the first day of December 1918"; and the state treasurer is 
hereby authorized to issue his extent for all taxes which shall re- 
main unpaid on the date last above mentioned. 

Sect. 2. All acts and parts of acts inconsistent with this act are 
hereby repealed, and this act shall take effect September 1, 1917. 

[Approved April 19, 1917.] 



CHAPTER 212. 

AN ACT IN AMENDMENT OF SECTION 2 OF CHAPTER 141 OF THE LAWS OF 
1913 RELATING TO THE COURTS. 



Section 

1. Salaries of justices of supreme and 
superior court to be $5,000 an- 
nually; and actual expenses. 



Section 

2. Takes effect Sept. 1. 1917. 



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

Salaries of jus- SECTION 1. Scction 2 of chapter 141 of the Laws of 1913 is 
and superior hereby amended bv striking out tbe whole of said section and sub- 
annuany^and""" stituting the following: Sect. 2. The annual salary of the chief 
actual expenses, justice and the assoclate justices of the supreme court shall be five 
thousand dollars each, and the annual salary of tbe chief justice 
and the associate justices of the superior court shall be five thousand 



1917] 



Chapter 213. 



769 



dollars each. Actual expenses shall be allowed the justices of the 
courts as now provided. 

Sect. 2. This act shall take effect September 1, 1917. 

[Approved April 19, 1917.] 



Takes effect Sept. 
1, 1917. 



CHAPTER 213. 

AN ACT TO PROVIDE STATE PAY FOR SOLDIERS IN THE SERVICE OF THE 

UNITED STATES. 



Section Section 

1. National guardsmen in service to re- 2. Takes effect on passage, 

ceive from the state such sum, not 
exceeding $7 per month, as will 
make his total compensation $30 
per month. 

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

Section 1. Whenever the national guard of this state or any National guards- 
part thereof shall be called into active service under the requisition ™ ceive from'^^'the 
of the President of the United States, or whenever any citizen oi^j^^^^^^^^l^l^"^^^ 
this state shall be drafted into or shall volunteer for such service, ^^\ month, as win 

,.-, ni •! TT01 ■, 'make his total 

every enlisted man oi such national guard, drafted men or volun- compensation 
teers so in service shall receive from the state of New Hampshire ^^^ ™°" 
the sum of seven dollars per month, the same to be in addition to 
any pay he may receive from the government of the United States ; 
provided, however, that the total per month received by the soldier 
from the United States and under this act shall not exceed thirty 
dollars ($30) ; and only such part of said seven dollars ($7) per 
month shall be paid said soldier as will make the said total thirty 
dollars ($30) ; and the sum paid under the provisions of this act 
shall be a charge upon the appropriation for military purposes 
made at the present session of the legislature. 

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

passage. 

[Approved April 19, 1917.] 



770 



Chapter 214. 
CHAPTER 214. 



[1917 



AN ACT IN RELATION TO THE JOHN NESMITH TRUST FUND. 



$80,000 received 
from Nesmith 
estate to be a 



Sectiok Skction 

1. $80,000 received from Nesmith es 2. Such sum appropriated annually as, 

tate to be a trust fund for the with the income from trust fund, 

benefit of the indigent blind. will amount to $3,700 to be ex- 

pended for the indigent blind un- 
der direction of governor and 
council, on recommendation of 
state board of charities. 

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

Section 1. That the sum of eighty thousand dollars, received 
under the will of John Nesmith, late of Lowell, Massachusetts, in 
benefit^of 'the*''^ ^^^ accordauce with the compromise agreement between the state of 
indigent blind. Ncw Hampshire and Joseph A. Nesmith et al., trustees, and now 
in the possession of the state, shall be held by it, as a trust fund for 
the benefit of the indigent blind of the state. The principal of said 
trust fund shall not be used by the state, nor shall it be invested in 
the notes and bonds of the state, but shall be from time to time 
invested and reinvested by the governor and council and kept in- 
tact to the full amount thereof. 

Sect. 2. That there shall be appropriated annually from the 

^jjjj first of September, 1916, thirty-seven hundred dollars, less the an- 

the income from nual iucomc dcrivcd from said trust fund to eomplv with the terms 

trust fund, will . . . , . 

amount to $3,700 of the trust undcr the will of said John Nesmith. And said thirty- 
the indigent blind sevcu hundred dollars shall be expended for the aid, support, main- 
goveTnor'^and'" "^ tcnauce and education of the indigent blind of the state of New 
me"n'd'ation°orst°aTe Hampshire under the direction of the governor and council, as 
board of may be recommended from time to time bv the state board of chari- 

cnarities. "^ 

ties and correction. 



Such sum 
appropriated 
annually as 



[Approved April 19, 1917.] 



1917] 



Chapter 215. 
CHAPTER 215. 



771 



AN ACT ESTABLISHING AND CHANGING THE PRESENT LOCATION OF A 
PART OP A SYSTEM OF CONTINUOUS HIGHWAYS AS ENUMERATED EN 
SECTION 1 OP CHAPTER 93, LAWS OF 1915. 



Section 

1. Cross-state highway from Claremont 
to Rochester changed as to part. 



Section 

2. Repealing clause; takes eflEect on 
passage. 



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

Section 1. That so much of said system of continuous highways crossstate high- 
as located and designated by the highway commissioner from Clare- ^^^/^'^ochester 
mont to Rochester, extending from a point in Barrington to a point par"^**^ ^^ ^ 
in said Rochester, be and hereby is changed as follows : Beginning 
at a point in the town of Northwood at or near the Old Pillsbury 
Place, so called, thence on a line to Bow Lake village, in the town 
of Strafford, thence from said Bow Lake village to Strafford Ridge, 
so called, in said town of Strafford, thence from said Strafford 
Ridge to Meaderboro corner, in said Rochester, thence from said 
Meaderboro corner to Strafford square, so called, in said Rochester. 
The highway commissioner is hereby authorized and instructed to 
designate the width of said highway and file the same with the 
secretary of state. Provided that the town of Strafford pay the 
cost in addition to its proportional share of the expense of construc- 
tion, as may be estimated by the highway commission, of a road 
foundation over sections of said highway where at present there is 
no road, agreeably to the vote of said town passed at its annual 
meeting held March, 1916. 

Sect. 2. 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 p^J^lge*^"* ""^ 
upon its passage. 



[Approved April 19, 1917.] 



772 



Chapter 216. 
CHAPTER 216. 



[1917 



Earlier appro- 
priation of 
$500,000 raised 
to $1,000,000. 



AN ACT IN AMENDMENT OF AN ACT ENTITLED AN ACT DIRECTING THE 
GOVERNOR AND THE GOVERNOR AND COUNCIL TO ASSIST THE GOVERN- 
MENT OF THE UNITED STATES IN THE PRESENT CRISIS AND AUTHOR- 
IZING THEM TO PROVIDE FOR THE PUBLIC SAFETY, ' ' APPROVED MARCH 
27, 1917.* 



Section 

1. Earlier appropriation of $500,000 
raised to $1,000,000. 



Section 

2. Takes effect on passage. 



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

Section 1. Amend section 3 of an act entitled "An Act direct- 
ing the governor and the governor and council to assist the govern- 
ment of the United States in the present crisis and authorizing 
them to provide for the public safety," approved March 27. 1917, 
by striking out the words "five hundred thousand" and inserting 
in place thereof the words one million, so that said section as 
amended shall read as follows: Sect. 3. The governor, mth the 
advice and consent of the council, is hereby authorized to draw his 
warrant upon any money in the treasury not otherwise appropri- 
ated and the state treasurer is hereby authorized, under the direc- 
tion of the governor and council, to borrow upon the credit of the 
state such further sums, not exceeding in all one million dollars, as 
may be necessary to carry out the provisions of this act, and for 
that purpose may issue bonds or notes in the name and on behalf 
of the state, at the lowest rate of interest obtainable, in such form 
and in such denominations and on such time as the governor and 
council may determine. 

Such bonds and notes shall be countersignetl 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 and notes 
countersigned by the governor, showing the number and amount 
of each bond or note, 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 and note, showing the number 
thereof, the name of the pereon 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 or notes by direction 
of the governor and council in such manner as they may determine 
most advantageous to the state. The proceeds of the sale of such 
bonds shall be held by the treasurer and paid by him upon war- 



See chapter 97, ante. 



1917] 



Chapter 217. 



773 



rants drawn by the governor for the purposes of this act alone, Takes effect on 
until otherwise ordered by the legislature. passage. 

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

[Approved April 19, 1917.] 



CHAPTER 217. 



AN ACT TO CREATE A BUREAU OF MARKETS. 



Section 

1. Bureau of markets established. 

2. Commissioner of agriculture to have 

charge of. 

3. Dissemination of information as to 

market conditions, etc. 



Section 

4. $200 per annum for next two years, 

appropriated to carry it into 
effect. 

5. Repealing clause; takes effect on 

passage. 



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

Section 1. There is hereby created in the office of the commis- Bureau of mar- 
sioner of agriculture a bureau for the purpose of aiding, assisting 
and promoting the marketing of agricultural, orchard, farm, dairy, 
and other similar products in this state, which shall be known as 
the bureau of markets. 

Sect. 2. Said bureau shall be located in the office of the com- Commissioner of 
misadoner of agriculture, and shall be under the supervision, charge hive ^harge^of. 
and care of said commissioner. 

Sect. 3. It shall be the duty of the commissioner of agriculture pissemination of 
to obtain information in regard to the quality, quantity, and locality mark^t'condition^, 
of agricultural products such as, orchard, farm, dairy, farm forest, ®*''' 
and other similar produce in this state ; to find available and profit- 
able markets for the same ; to inform the producers of this state, by 
the publication of such information through the public press or 
otherwise, where such markets may be found ; to compile and pub- 
lish data concerning the production and consumption of food pro- 
ducts in this state ; to adopt means of securing market reports from 
centers of distribution and to disseminate this information to the 
producers by the press or otherwise, free of cost to them ; and in 
adopting all reasonable means in whatever manner seems best to 
bring into closer relationship the producers and consumers of this 
state. 

Sect. 4. To provide for carrying out the intent and purposes $200 per annum 
of this act, the sum of two hundred dollars is hereby appropriated years.^^'ap^o- 
for the year nineteen hundred and seventeen, and a like amount P/'.^*'"^ *° ^*"y 

•' _ _ ' It into effect. 

for the year nineteen hundred and eighteen, and the governor is 
hereby authorized to draw his warrant for the same. 



774 



Chapter 218. 



[1917 



Repealing clause; 
takea effect on 
passage. 



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



[Approved April 19, 1917. 



CHAPTER 218. 

AN ACT PROVIDING FOR THE PAYMENT OF A PART OF THE DAMAGE DONE 
BY THE DEPOSIT OF ANTHRAX GERMS IN THE JOHNS RIVER. 



Section 

1. Town of Whitefleld authorized to 

raise and appropriate money for 
compensating injured parties in 
Whitefield and Dalton. 

2. State to pay one-third of the damage, 

on recommendation of commis- 
sioner of agriculture. 



Section 

3. Not to be paid until commissioner is 

saMsfled that assessment •! dam- 
age is fair. 

4. $5,000 appropriated to carry ont 

this act. 

5. Takes effect on passage. 



Town of White- 
field authorized to 
raise and appro- 
priate money for 
compensating 
injured parties in 
Whitefield and 
Dalton. 

state to pay 
one-third of the 
damage, on 
recommendation 
of commissioner 
of agriculture. 



Not to be paid 
until commissioner 
is satisfied that 
assessment of 
damage is fair. 



$5,000 appro- 
priated to carry 
out this act. 



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

Section 1. The town of Whitefield is hereby authorized to raise 
money for the purpose of paying all or any of the damages done 
to real estate on the Johns river, so called, and to cattle, hay and 
other crops and property, within said town or the to^vn of Dalton 
by the deposit of anthrax germs or bacilli in said river. 

Secj. 2. When the damages suffered by any person by reason 
of injury to his property in said town of Whitefield or in the town 
of Dalton, occasioned by said deposit of anthrax germs or bacilli 
in said river have been determined by the courts or by agreement 
with the party damaged, and two-thirds of said damages have been 
paid by the Whitefield Tanning Company or the town of Whitefield 
or either of thera, the commissioner of agriculture, if satisfied that 
the damages as thus deteraiined are just and fair, is hereby author- 
ized to pay the remaining one-third of said damages to the person 
injured from any state funds appropriated for that purpose. 

Sect. 3. No part of any money thus appropriated shall be paid 
out upon any such claim until the commissioner of agriculture shall 
be satisfied that the damages, as thus determined, are just and 
fair and that two-thirds of said damages have been paid to the 
person entitled to them. 

Sect. 4. The sum of five thousand dollars or such part thereof 
as may be necessary is hereby appropriated to meet the expend- 
itures authorized by this act and the governor is liereby authorized 
to draw his warrant upon the state treasury, for the payment of the 



1917] 



Chapter 219. 



775 



same, upon the advice of the commissioner of agriculture that the 
conditions hereinbefore set forth have been complied with. 
Sect. 5. This act shall take effect upon its passage. 

[Approved April 19, 1917.] 



Takes effect on 
passage. 



CHAPTER 219. 

AN ACT IN RELATION TO FREE TUITION IN HIGH SCHOOLS AND ACADEMIES 
IN CERTAIN CASES, AND IN AMENDMENT OF SECTION 6, CHAPTER 96, 
LAWS OF 1901, AS INSERTED BY SECTION 3, CHAPTER 118, LAWS OF 
1903, AND AMENDED BY CHAPTER 90, LAWS OF 1905, AND CHAPTER 
126, LAWS OF 1915. 



Section 

1. School district may contract with 
academies or high schools for edu- 
cation of scholars. Procedure. 



Section 

2. Repealing clause ; takes effect on 
passage. 



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



Section 1. Section 6, chapter 96, Laws of 1901, as inserted byschooi district 
section 3, chapter 118, Laws of 1903, and amended by section l,™ademfes'^*or ^gh 
chapter 90, Laws of 1905, and section 1, chapter 126, Laws of 1915, fdu" at'on^ 
is hereby amended by striking out the whole of said section and^c^oiars. Pro- 
inserting in place thereof a new section to read as follows: Sect. 
6. Any school district may make contracts with any academies or 
high schools or other literary instituticHis located in the state for 
furnishing instruction to its scholars ; and such school district may 
raise and appropriate money to carry into effect any contracts in 
relation thereto. Every such academy or high school or literary 
institution shall then be deemed a high school maintained by such 
district, if approved by the superintendent of public instruction in 
accordance mth section 4 of this act; provided, however, that when- 
ever it shall appear that attendance of any pupil at the school with 
which such contract shall have been made will work manifest hard- 
ship and when it shall further appear that attendance at some 
other approved high school or academy will not work hardship the 
pupil through his parent or guardian or some other responsible 
citizen may apply to the school board for an order transferring the 
pupil to such more accessible approved high school or academy. 
The school board shall thereupon within ten days order a hearing 
upon the case and if it shall appear to them that the claim is well 
founded shall issue such order, and the district in which the child 
with parent or guardian resides shall then be liable to the academy 



776 



Chapter 220. 



[1917 



Repealing clause; 
takes effect on 
passage. 



or high school to which such child is assigned for tuition of such 
child as provided by chapter 96, Laws of 1901, and amendments 
thereto; and provided, further, that the person making application 
to the school board as provided in this act or the governing board 
of the high school or academy with which such contract shall have 
been made may appeal from the decision of the school board to the 
superintendent of public instruction for review and final decision 
and either party shall have the same right of appeal in case the 
school board shall neglect or refuse to reach a decision within ten 
days from the date of filing application. 

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

[Approved April 19, 1917.] 



CHAPTSR 220. 



AN ACT RELATING TO THE SALARIES OP CERTAIN STATE OFFICIALS. 



Section 

1. Secretary of state, $3,500. 

2. state treasurer, $3,000. 

3. Adjutant-general, $2,500. 

4. Secretary of state board of health, 

$3,000. 

5. Secretary of state board of charities, 

$2,000. Clerk of state board of 
charities, $800. 



Sectiok 

6. State forester, $3,000. 

7. Warden of state prison, $2,500. 

8. Deputy secretary of state, $1,800. 

9. Deputy state treasurer, $1,800. 

10. Takes effect May 1, 1917, as to 8. 3 
and Sept. 1, 1917, as to the rest. 



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



Secretary of state, 
$3,500. 



State treasurer, 
$3,000. 



Section 1. Section 3 of chapter 286 of the Public Statutes and 
amendments thereto, relating to the secretary of state, is hereby 
amended by striking out all of said section and inserting in place 
thereof the following: Sect. 3. The annual salary of the secre- 
tary of state shall be thirty-five hundred dollars, which shall be in 
full for his services. He shall return an account quarterly on the 
last day of March, June, September and December of each year, 
to the governor and council of all fees received by him for civil 
commissions, for making and giving copies and certificates to indi- 
viduals for private use, and of all other fees received by him for 
officral acts, and shall pay the amount thereof to the state treas- 
urer for the use of the state. 

Sect. 2. Section 5 of chapter 286 of the Public Statutes and 
amendments thereto, relating to the salary of the state treasurer, 
is hereby amended by striking out all of sai<i section and inserting 



1917] Chapter 220. 777 

in place thereof the following : Sect. 5. The annual salary of the 
state treasurer shall be three thousand dollars, which shall be in full 
for his services. 

Sect. 3. Section 8 of chapter 286 of the Public Statutes and Adjutant-general, 
amendments thereto relating to the salary of the adjutant-general ' 
is hereby amended by striking out all of said section and inserting 
in place thereof the following: Sect. 8. The annual salary of 
the adjutant-general shall be twenty-five hundred dollars, which 
shall be in full for his services. 

Sect. 4. Amend chapter 107 of the Public Statutes, relating to secretary of state 
the state board of health by striking out section 11 and inserting $3*000° ^^* ' 
in place thereof the following: Sect. 11. The salary of the sec- 
retary shall be three thousand dollars per annum, to be paid from 
the state treasury. 

Sect. 5. Section 7 of chapter 116 of the Laws of 1895, as Secretary of state 
amended by section 1, chapter 50, Laws of 1901, and section l,So?* cierft 
chapter 171, Laws of 1911, relative to the salary of the secretary ^1^'*^*^;^^°^*^'^^°^^ 
of the state board of charities and correction, is hereby amended by 
striking out the last sentence of said section and inserting in place 
thereof the following: The salary of the secretary shall be two 
thousand dollars per annum, and the salary of the clerk shall be 
eight hundred dollars per annum, so that said section as amended 
shall read as follows: Sect. 7. The reasonable expenses of said 
state board of charities shall be paid by the governor and council 
out of any funds in the treasury not otherwise appropriated, and 
the said state board of charities shall be authorized to appoint a 
secretary from outside its membership, who, under the direction 
of the board, shall give his entire time to the duties of the board, 
act as visiting agent to the placed-out children, and supervisor of 
volunteer visitors, and perform such other duties, under the direc- 
tion of the board, as may rightfully belong to his office. The sal- 
ary of the secretary shall be two thousand dollars per annum, and 
the salary of the clerk shall be eight hundred dollars per annum. 

Sect. 6. Amend section 2, chapter 128 of the Laws of 1909, state forester, 
relating to the salarv^ of the state forester, as amended by section ^^'^°^" 
1, chapter 166, Laws of 1911, and section 1, chapter 159, Laws of 
1913, by striking out the figures $2,500 in first sentence of said 
section and inserting in place thereof $3,000, so that said sentence 
as thus amended shall read as follows: 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 commission, not to exceed 
$3,000 a year. 

Sect. 7. Amend section 11, chapter 286 of the Public Statutes, Warden of state 
as amended, by striking out the whole of said section and substitut- p'"'^*"^- ^2.500. 
ing in place the following: Sect. 11. The salary of the warden 
of the state prison shall be $2,500 and shall be in full of his 
services. 



778 



Chapter 221. 



[1917 



Deputy secretary 
of state, $1,800. 



Deputy state 
treasurer, $1,800. 



Takes effect May 
1, 1917, as to 
s. 3 and Sept. 1, 
1917, as to the 
rest. 



Sect. 8. Amend section 1, chapter 175 of the Laws of 1915 by 
striking out the whole of said section and substituting in place 
thereof the following : Section 1. The salary of the deputy sec- 
retary of state shall be eighteen hundred dollars per annum. 

Sect. 9. Amend section 1, chapter 24 of the Laws of 1915 by 
striking out the whole of said section and inserting in place thereof 
the following: Section 1. The salary of the deputy state treas- 
urer shall be $1,800 per annum. 

Sect. 10. Section 3 of this act shall take effect May 1, 1917, 
and all other sections September 1, 1917. 

[Approved April 19, 1917.] 



CHAPTER 221. 

AN ACT TO AUTHORIZE THE GOVERNOR AND COUNCIL TO ACQUIRE REAL 
estate FOR MILITARY PURPOSES. 



Section 

1. Governor authorized to acquire any 

real estate in N. H. deemed neces- 
sary for military purposes. 

2. Proceedings for condemnation under 

right of eminent domain. 



Section 

3. Payment from funds available for 

military purposes, authorized. 

4. Property to be held for military pur- 

poses until otherwise ordered by 
the legislature. 
.5. Takes effect on passage. 



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



Governor 
authorized to 
acquire any real 
estate in N. H. 
deemed necessary 
for military 
purposes. 



Proceedings for 
condemnation 
under right of 
eminent domain. 



Section 1. The governor, with the advice and consent of the 
council, is hereby empowered to acquire on behalf of the state, 
either by purchase, or otherwise as hereinafter provided, any real 
estate within the state which they may deem necessary for the use 
of the national guard, the reserve militia or for any other military 
purpose, and to accept deeds thereof in the names of the state. 

Sect. 2. The governor and council, for the purposes aforesaid, 
are hereby empowered to take and appropriate any such real estate 
for the use of the state by causing a survey or location of the same 
to be prepared under their direction in duplicate, one copy of which 
be filed with the secretary of state, and the other with the clerk of 
the superior court in the county in which the real estate is located, 
and by applying to the said court to appoint commissioners to assess 
the damages to the owner or oAvners. Such application shall state 
the names and residence, so far as known to them, of all jiorsons 
claiming ownership of or interest in the property'. Upon the filing 
of such survey or location and application in said court the title 



1917] Chapter 221. 779 

to the real estate described therein shall vest in the state, and the 
court shall order notice to be given to all persons claiming owner- 
ship of or interest in the property to appear and present their 
claims at a time and place to be stated in the notice, by publication 
in a newspaper published in the town or city in which the real 
estate is situated if any, otherwise in a newspaper published within 
the county, and an attested copy thereof shall be given in hand, 
left at the usual place of residence or business, or sent by registered 
mail to the last known address of all claimants whose names appear 
in the application fourteen days at least before the said date of 
hearing. At the time and place stated in said notice the court shall 
hear the claims of all persons who shall appear, and shall determine 
all questions of title and in case more than one person shall be 
found to have an interest in the property shall determine the sev- 
eral interests of each and enter decree accordingly, and such decree 
shall be final except that, all persons appearing before said court 
as claimants of the property and the state shall be entitled to an 
appeal to the supreme court on questions of law. Upon a final 
determination of said questions of title the court shall appoint a 
commission of three persons to assess the damages. Said commis- 
sioners, upon reasonable notice to all persons found by the court 
to have an interest in the property and hearing thereon, shall as- 
sess the damages to the owner or owners and make a return of their 
said assessment to the court. Such owner or owners, or either of 
them or the state, if dissatisfied with said award, may appeal 
therefrom to the said superior court, and shall be entitled to an 
assessment of said damages by a jury, on such appeal, by filing in 
the office of the clerk of said court a petition for that purpose 
within thirty days after the return of said award to the court as 
aforesaid ; such appeal to be prosecuted or defended on the part 
of the state by the attorney-general under the advice of the gov- 
ernor and council. The damages as finally determined shall be 
awarded to the owner or apportioned among the several owners in 
accordance with their several interests as previously determined by 
the court, as the case may be, and decree shall be entered accord- 
ingly. 

Sect. 3. The governor, with the advice and consent of the coun- Payment from 

.. 1 • T -I T • - funds available 

cil, IS hereby authorized to draw his warrant upon any money mfor military pur- 

,, , -1 1.1 i? -tj. ^ ii • poseB, authorized. 

the treasury available lor military purposes, or not otherwise ap- 
propriated, for such sums as may be necessary to carry out the 
provisions of this act. 

Sect. 4. All real estate acquired under the provisions of this Property to be 
act shall be held by the state for the purposes aforesaid, until other- purposes until 
wise ordered by the legislature. b?thrkgisilfurl.^ 

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

passage. 

[Approved April 19, 1917.] 



780 



Chapter 222. 
CHAPTER 222. 



[1917 



AN ACT TO AMEND AN ACT APPROVED APRIL 12, 1917, ENTITLED "aN 
ACT RELATING TO WILLFUL AND MALICIOUS INJURIES. ' '* 



Section 

1. Penalty for willfully, wantonly or 
maliciously injuring certain classes 
of property. 



Section 

2. Takes effect on passage. 



Penalty for will- 
fully, wantonly or 
maliciously 
injuring certain 
classes of 
property. 



Takes effect on 
passage. 



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

Section 1. If any person shall willfully, wantonly or mali- 
ciously injure, destroy or damage any public or other building or 
other property belonging to, or leased or used by the state, or any 
county, city, town or public utility within the state ; or any build- 
ing used for manufacturing purposes or for storage of grain or 
food products ; or any munitions of war or other goods or prop- 
erty useful for military purposes while in process of manufacture, 
in transit or in storage ; or any gas or oil tank ; or any dam at the 
outlet of any lake or pond or upon any river or stream within the 
state ; or any bridge upon any public highway, or toll bridge ; or 
any buildings, rails, culverts, bridges, tracks, platfonns or other 
parts or appendages of any railroad, or street or electric railway, 
or any engines or cars used thereon ; or any posts, wires or other 
materials or fixtures of any railroad or public telegraph or tele- 
phone line, electric light or power line or any other public utility ; 
or any fire engine or hydrant, or the apparatus thereto belonging; 
or any spring or reservoir or other property of any water company 
or of any city or town or municipal corporation used by it to sup- 
ply water to its inhabitants or for extinguishing fires, or any aque- 
duct leading therefrom ; or shall willfully, wantonly or maliciously 
place any obstruction on any public or toll bridge or public road 
with intention to injure persons passing thereon ; or change, move, 
open, displace or tamper with any switch belonging to any rail- 
road ; or poison, defile or corrupt an}' well, spring, brook, lake, 
pond, river or reservoir, the water from which is used for domes- 
tic purposes, or attempt any of the foregoing, he shall be punished 
by a fine not exceeding five thousand dollars, or by imprisonment 
not exceeding ten years, or both. 

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

[Approved April 19, 1917.] 



* See chapter 145, ante. 



1917] 



Chapter 223. 
CHAPTER 223. 



7S1 



AN ACT TO PROVIDE AID FOR CERTAIN DEPENDENT RELATIVES OP SOL- 
DIERS AND SAILORS OP THE STATE OF NEW HAMPSHIRE WHEN CALLED 
IN THE FEDERAL SERVICE. 



Section 

1. Dependent wife, child, parent, 

brother or sister of soldier entitled 
to state aid, when. 

2. Rates classified. 

3. Rate reduced, when federal aid re- 

ceived. 

4. Application for aid; procedure. 

5. Not subject to trustee process. 

6. Chargeable to fund appropriated by 

Laws of 1917, ch. 216. 



Skotion 

7. Committee of three to have charge 

of distribution. 

8. Committee of three, duties and pow- 

ers. May employ investigators. 

9. Compensation of committee and in- 

vestigators. 
10. In force only during present war 
with Germany. Takes effect on 
passage. 



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

Section 1. Any wife, child, parent, brother or sister, wholly Dependent wife, 
dependent upon any resident of any city or town in the state of brother^ or^^ister 
New Hampshire, who has enlisted or may hereafter enlist or be °l sTit^e^aid^^when 
drafted into the military or naval service of the state, for state or 
federal service, shall be entitled to state aid in the manner herein- 
after provided. 

Sect. 2. Rates of payment to said dependents shall be as Rates classified, 
follows: (a) To a wife, not to exceed $20 per month, (b) For 
each child, not over the age of sixteen, or any child that by reason 
of physical or mental incapacity is dependent upon the soldier or 
sailor, not to exceed $5 per month. Such payments shall be made 
to the mother of said child or to its legally appointed guardian for 
its support, (c) To a mother when the soldier or sailor is her 
sole support, not to exceed $20 per month, (d) To a father when 
said father is incapable of self-support and is entirely dependent 
on the soldier or sailor for support, not to exceed $20 per month, 
(e) For a sister or brother not over sixteen years of age if entirely 
dependent on the soldier or sailor, not to exceed $20 per month. 
Such payments shall be made to the legally appointed guardian of 
said brother or sister for its benefit, (f) Total amount to be paid 
to the dependents of any soldier or sailor shall not exceed the sum 
of $35 per month, nor shall payments to the members of any one 
family exceed $35 per month, and no person shall be accredited as 
the dependent of more than one soldier or sailor. 

Sect. 3. In case the United States shall provide for and pay Rate reduced, 
the dependents specified herein or any of them to any extent the^^'*^? federal aid 
amount to be paid under this act to such dependents as are affected 
by such federal action shall be reduced thereafter in such sums and 
under such regulations as the committee, hereinafter provided, shall 
direct. 



782 



Chapter 223. 



[1917 



Application for 
aid; procedure. 



Not subject to 
trustee process. 

Chargeable to 
fund appropriated 
bv Laws of 1917, 
ch. 216. 



Committee of 
three to have 
charge of 
distribution. 



Committee of 
three, duties and 
powers. May 
employ investi- 
gators. 



Compensation of 
committee and 
investigators. 



In force only 
during present 
war with Ger- 
many. Takes effect 
on passage. 



Sect. 4. Applicants for such aid shall, as a basis for such pay- 
ments thereof, state in writing under oath the name, age and resi- 
dence of the persons for whom such aid is sought, the relationship 
of the applicant to the soldier or sailor, the company, regiment or 
body in which said soldier or sailor is enlisted and in which he last 
served, the date and place of such enlistment when known, the 
duration of such service and the reasons for the application and 
shall furnish such official certificate or record, evidence of enlist- 
ment, service and discharge as the committee maj^ require. 

Sect. 5. Monies paid to, or due to, said dependents under this 
act shall not be subject to trustee process. 

Sect. 6. Monies expended under this act shall be a charge upon 
the appropriation provided for by an act, entitled ' ' An Act direct- 
ing the governor and the governor and council to assist the govern- 
ment of the United States in the present crisis and authorizing 
them to provide for the public safety. ' ' 

Sect. 7. The governor, with the approval of the council, shall 
appoint a committee of three to supervise the distribution of this 
money and carry out the provisions of this act. The treasurer of 
the state shall have control of the money and shall issue monthly 
checks to such dependents as are designated by the committee. 

Sect. 8. The said committee shall pass upon all applications 
for aid and shall have the power to accept or reject any of them, 
and shall have the further power to fix the amount which each 
dependent shall receive under section 3. and shall have the power 
to employ competent agents and investigators to look into the mer- 
its of each application. 

Sect. 9. The committee shall hold meetings whenever neces- 
sary and at such places as are most convenient. They shall be paid 
their actual expenses and such compensation as the governor and 
council shall determine. The compensation of the agents and in- 
vestigators shall not exceed $3 per day. 

Sect. 10. This act is to be in effect only during the present war 
with Germany and shall take effect upon its passage. 

[Approved April 19, 1917.] 



1917] 



Chapter 224. 
CHAPTER 224. 



783 



AN ACT TO ESTABLISH AN ADDITIONAL SYSTEM OF CROSS-STATE HIGH- 
WAYS. 



Section 

1. Highway commissioner to designate, 

governor and council to approve 
certain highways for improvement. 

2. Highway commissioner to have 

charge of the order of improve- 
ment. 

3. Route of highway may be changed 

in discretion of commissioner. 
Land may be taken by purchase 
or otherwise. 

4. State aid to towns and cities, when; 

where to be expended. 



Section 

5. Commissioner to apportion fund. 

6. Expense of improvement how met. 

7. Designated highways to be main- 

tained in accordance with certain 
specified statutes. 

8. State's portion chargeable to 1917 

appropriation for the completion 
of the trunk lines and certain cross 
lines, etc. 

9. Repealing clause; takes effect May 1, 

1917. 



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

Section 1. The highway commissioner may designate for i m- High way com- 

.'.. . i(.i missioner to 

provement by suitable description, subject to the approval oi the designate, gov- 

\ •^ ^ • 1 • • • ji IT 1 ernor and council 

governor and council, whenever m his opinion the public good so to approve certain 
requires, a system of continuous highways which shall include the fmp^j.^vlme^i5t 
following in whole or in part and file the same with the secretary 
of state : 1. From a point on the Merrimack Valley road in Man- 
chester to a point on the South Side road in Milford ; and may be 
known as the Manchester-Milford road. 2. From the highway des- 
ignated in the system Claremont to Rochester or Dover in act of 
1915, chapter 93, in the town of Northwood to the town house corner 
in town of Durham. 3. From Dover to East Kingston through 
Newmarket and Exeter ; to be known as the New Hampshire College 
road. 4. From Franklin square in city of Dover through Rollins- 
ford to the Maine state line. 5. From a point on the East Side 
road at Hampton village, to the South Side road at Portsmouth 
avenue in Exeter. Said highway may be known as the Exeter- 
Hampton road. 6. From Laconia to Concord via Belmont, either 
by the so-called Shaker road, or by the so-called Hollow Route road 
as the highway commissioner, by and with the consent of the gov- 
ernor and council shall determine. 

Sect. 2. The highway commissioner shall determine the route, Highway com- 
subject to the approval of the governor and council, to be followed aiargTcTf the 
by each of the highways enumerated in section 1 of this act and °mtroveLent. 
the order in which work thereon shall be begun, prosecuted, and 
completed, subject to appeal as provided by law. 

Sect. 3. The routes of such highways may be changed from ex- Route of highway 
isting highways by the highway commissioner to such extent as in discrefio'^n *oT^"^ '"^ 
his opinion the public good may require, and for that purpose he L^^^'^^y^be 



784 



Chapter 224. 



[1917 



taken by purchase 
or otherwise. 



State aid to 
towns and cities, 
when ; where to 
be expended. 



Commissioner to 
apportion fund. 



Expense of im- 
provement how 
met. 



Designated high- 
ways to be 
maintained in 
accordance with 
certain specified 
statutes. 



is authorized to designate such changes, and the governor and 
council may take or purchase land and have damages assessed there- 
for, in accordance with the provisions of chapter 35, Laws of 1905. 

Sect. 4. No city or town through which said highways may be 
designated to pass shall receive any state aid for highway improve- 
ment other than on highways heretofore designated for improve- 
ment, except on such highways until said improvement thereon 
shall have been completed within such city or town. No part of the 
funds hereinafter 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 highway com- 
missioner. 

Sect. 5. The highway commissioner shall apportion the fund 
hereinafter pro\aded to the several cities and towns through which 
said highways shall pass. In making such apportionment, prefer- 
ence shall be given to such parts of said highways as have not here- 
tofore been improved under state aid, and to such portions as shall 
be in such condition as to require immediate improvement. If, in 
the opinion of the highway commissioner, any part or parts of such 
highways shall be in such condition as to require immediate im- 
provement, the money hereby appropriated may be used wholly or 
in part in improving such part or parts, and the highway commis- 
sioner shall have authority to make all contracts for the immedi- 
ate improvement of such part or parts. 

Sect. 6. The highways enumerated in section 1 of this act 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 satis- 
faction of the highway commissioner; and such city, town, or place 
shall receive from the state one-half the cost of such improvement, 
and such further sums, in towns unable to pay that proportion, as 
in the opinion of the highway commissioner may be equitable. In 
case any city, town, or place shall neglect to improve said roads, 
after being so requested by the highway commissioner, such im- 
provements shall be made under the direction of the highway com- 
missioner at the expense of the state, and one-half of the cost 
thereof, less such further sums, in towns unable to pay one-half 
the cost thereof, as in the opinion of the highway commissioner may 
be equitable, sliall be added to the state tax for such city or town; 
provided, that such sum so added shall not exceed one-fourth of one 
per cent, of the valuation of the ratable estate on which other taxes 
are assessed by such city or town, nor in any event exceed an 
average of twenty-five hundred dollars per mile of highway im- 
provwl. 

Sect. 7. The highways designated by section 1 of this act shall 
be maintained in accordance with the provisions of section 20. chap- 
ter 35, Laws of 1905 (added to said chapter by chapter 155. Laws 
1909), as amended by section 2, chapter 192, Laws of 1911. 



1917] 



Chapter 225. 



785 



Sect. 8. The highway commissioner is hereby authorized and state's portion 
empowered to expend, for the purpose of carrying out the provi- igly^^^ppropria- 
sions of this act, such part as he may see fit, subject to the approval *'°^p^°[i,j*Jj^^f ^j^^ 
of the governor and council, of the appropriation made at this ses- trunk lines and 

PI 1- j?i 11- 1 • 1- certain cross 

sion lor the completion oi the trunk lines and certain cross-lines, Hnes, etc. 
and also certain designated lines, and other purposes, as the aggre- 
gate amount of the state funds applied for by the towns, on May 1, 
1918, and May 1, 1919, through which said highways may pass, shall 
be less than the sum appropriated for that year. 

Sect. 9. AU acts and parts of acts inconsistent with this act are Repealing clause; 
hereby repealed and this act shall take effect May 1, 1917. 



takes effect May 
1, 1917. 



[Approved April 19, 1917.] 



CHAPTER 225. 

AN ACT RELATIVE TO THE RAISING OF MONEY BY TOWNS TO PROVIDE AND 
MAINTAIN ARMORIES AND MILITARY ORGANIZATIONS. 



Section 

1. $500 annual appropriation author- 
ized. 



Section 

2. Not to be construed as repealing 

Laws of 1917, ch. 167. 

3. Takes effect on passage. 



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

Section 1. Amend section 4, chapter 40 of the Public Statutes, $500 annual 
as amended by section 1, chapter 64, Laws of 1915, by striking out aSthori"e^d!°" 
the word "two" following the words "National Guard or reserved 
militia, not exceeding" and before the words "hundred dollars 
yearly" and inserting in place thereof the word five, 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 high- 
ways 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 aid the American Red Cross ; to 
encourage volunteer enlistments in case of war or rebellion ; to 
procure 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 



786 



Chapter 225. 



[1917 



Not to be 
construed as 
repealing Laws 
of 1917, ch. 167. 



Takes effect on 
passage. 



decorating the graves of soldiers and sailors who have served in 
the army or navy of the United States in time of war, not exceed- 
ing three hundred dollars yearly, to be given to and expended by 
committees appointed by the Grand Army of the Republic or by 
committees appointed by the Spanish War Veterans, so long as 
they shall continue the services of Memorial Day as originally es- 
tablished and at present observed by that organization, and there- 
after to such persons or organization as shall continue such services 
in the several towns; to provide and maintain armories for mili- 
tary organizations stationed therein which form part of the New 
Hampshire National Guard or reserved militia, not exceeding five 
hundred dollars yearly for each organization; to provide means 
for the extinguishment of fires; to establish and maintain public 
libraries and reading rooms, or to assist in the maintenance 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 receiv- 
ing tombs; to set out and care for shade and ornamental trees in 
highways, cemeteries, commons, and other public places ; to issue 
and distribute circulars, pamphlets, photographs, and other writ- 
ten or printed matter calling attention to the resources and natural 
advantages of said towns; to provide and maintain suitable coast- 
ing and skating places, not exceeding five hundred dollars yearly ; 
to establish, equip and maintain suitable places for public play- 
grounds; to aid free public band concerts, not exceeding eight 
hundred dollars annually ; to procure the detection and apprehen- 
sion of any person committing a felony therein ; to prepare and 
publish the history of the town ; to appropriate money for the 
celebration of anniversaries ; to maintain and record weather obser- 
vations ; to defray the expenses of observing Old Home Week ; and 
for all necessary charges arising within the town; but no money 
shall be raised or appropriated at any special town meeting ex- 
cept by vote hy 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 checklist of the town at the annual or biennial 
election next preceding such special meeting; and such checklist 
may be used at such meeting upon tlie request of ten legal votere 
of the town. 

Sect. 2. Nothing in this act shall be deemed to repeal or other- 
wise atfect the provisions of an act entitled "An Act relative to the 
raising of money by towns in time of war" approved April 18, 
1917. 

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



[Approved April 19, 1917. 



1917] 



Chapter 226. 
CHAPTER 226. 



787 



AN ACT ACCEPTING THE VOCATIONAL EDUCATION ACT OP CONGRESS OF 
FEBRUARY 23, 1917. 



Section 

1. Credit of state pledged to aid in car- 

rying out act of Congress. 

2. State treasurer made custodian of 

funds receiTed from federal goT- 
ernment. 

3. State board for Tocational education 

established. 



Section 

4. Powers of the board. 

5. Further powers; school districts au- 

thorized to cooperate with state 
board. 

6. Takes effect on passage. 



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

Section 1. The state of New Hampshire hereby accepts the credit of state 

.. p/-^ r» pledged to aid in 

provisions of the act of Congress, approved Febmary 23, 1917, en- carrying out act 
titled, "An Act providing for the promotion of vocational educa-° °°sress. 
tion ; to provide for the co-operation of the states in the promotion 
of such education in agriculture and the trades and industries ; to 
provide for co-operation with the states in the preparation of teach- 
ers of vocational subjects ; and to appropriate mon-ey and regulate 
its expenditure." The good faith of the state is hereby pledged 
to make available for the several purposes of said act funds suf- 
ficient at least to equal the sums alloted, from time to time, to this 
state from the appropriations made by said act and to meet all 
conditions necessary to entitle the state to the benefits of said act. 

Sect. 2. The state treasurer is hereby designated custodian of state treasurer 
all funds alloted to this state from the appropriations made by said ^nd's Tec^dvlT °^ 
act, and he shall receive and provide for the proper custody and i^Q"^™j.^^g®j^f ' 
disbursement of the same in accordance with said act. 

Sect. 3. There is hereby created a state board for vocational state board for 
education consisting of five members, consisting of the governor, the education 
superintendent of public instruction and the president of New^^'^ '^ ® ' 
Hampshire College of Agriculture and the Mechanic Arts members 
ex officiis, and two others to be appointed by the governor, with 
the consent of the council, one representing the agricultural and one 
the industrial interests of the state. One member shall be ap- 
pointed for two years and one for four years ; and thereafter one 
member shall be appointed every two years for a tenn of four years 
to serve until his successor is appointed and qualified. In case of 
a vacancy an appointment may be made to fill out the unexpired 
term. No member of the board shall receive pay beyond actual 
expenses incurred. The superintendent of public instruction shall 
be the executive officer and secretary of the board. 

Sect. 4. The said board is hereby authorized and empowered to Powers of the 
carry into effect the provisions of the said federal act. 



788 



Chapter 227. 



[1917 



Further powers; 
school districts 
authorized to 
cooperate with 
state board. 



Takes effect on 
passage. 



Sect. 5. The said board is further authorized to arrange with 
institutions and with school boards of town and city districts situ- 
ated within the state to furnish the necessary buildings, equipment 
and additional funds required in carrying out the provisions of 
the act of Congress providing for vocational education so far as 
this act applies to New Hampshire, and said school districts are 
hereby authorized to enter into such arrangement with said board. 

Sect. 6. This act shall take effect September 1, 1917. 

[Approved April 19, 1917.] 



CHAPTER 227. 

AN ACT TO REGULATE THE GRADING, PACKING, SHIPPING AND SALE OF 

APPLES. 



Section 



Section 



1. Barrels and boxes, standard size of, 

for apples. 

2. Apples classified and graded. 

(1) N. H. standard fancy. 

(2) N. H. standard A grade. 

(3) N. H. standard B grade. 

(4) Unclassified. 

Barrels and boxes to be marked, 
showing what, as to contents. 

3. Further, of the marking of boxes 

and barrels. Commissioner of ag- 
riculture to prescribe rules, etc. 

4. Misbranding, etc., prohibited. 

5. Adulterated apples, defined. 

6. Ifisbranded packages, defined. 



7. Commissioner of agriculture to make 

rules, etc., for carrying out this 
act. 

8. Commissioner of agriculture empow- 

ered to open containers, etc. 

9. Commissioner to notify violator of 

this act, and then hear the case. 

10. Appropriation of $300 for next two 

years to carry out provisions of 
this act. 

11. Penalty for adulteration or mis- 

branding. 

12. Responsibility for violation, rests 

upon whom. 
18. Enforcement of the act. 



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



Barrels and SECTION 1. That the standard barrel made of wood for apples 

sfze^'of, lor 'ippks. shall bo of tho following dimensions when measured without the 
distention of its parts: Length of stave, 28V2 inches; diameter of 
head, n\ii inches; distance between heads. 26 inches; circumfer- 
ence of bulge outside measurements not less than 64 inches ; repre- 
senting as nearly as possible 7,056 cubic inches; provided a barrel 
made of any other material must not contain less than 7,056 
cubic inches. The standard box for ajiples shall be of the following 
dimensions: Inside measurements, 18" x 11V„>" x lOiA" without 
any distention of parts, representing as nearly as possible 2,174 
cubic inches. 

Sect. 2. That the standard grades or classt^ for apples gro^vn 
in this state when packed in closed packages shall be as follows : 



Apples classified 
and graded. 



1917] Chapter 227. 789 

N. H. standard fancy, shall consist of apples of one variety, n. h. standard 
which are well-matured specimens, hand-picked, above medium ^°°^' 
color for the variety, normal shape, of good and reasonably uni- 
form size, sound, free from dirt, disease, insect or fungous injury, 
bruises, and any other defects except such as are necessarily caused 
in the operation of packing, and shall be properly packed in clean, 
strong packages ; or apples of one variety which are not more than 
three per cent, below the foregoing specifications. 

N. H. standard A grade, shall consist of apples of one variety n. h. standard 
which are well-matured specimens, hand-picked, properly packed,"^ grade. 
of medium color for the variety, normal shape, sound, practically 
free from dirt, disease, insect or fungous injury, bruises and other 
defects except such as are necessarily caused in the operation of 
packing ; or apples of one variety which are not more than five per 
centum below the foregoing specifications. 

N. H. standard B grade, shall consist of apples of one variety, n. h. standard 
which are well matured, properly packed, practically normal shape, ^ srade. 
practically free from dirt, disease, insect or fungous injury, or any 
other defect that materially injures the useful quality of the ap- 
ples, and which may be less than medium color for the variety ; or 
apples of one variety which are not more than ten per centum below 
the foregoing specifications. 

N. H. unclassified apples not conforming to the foregoing speci- unclassified. 
fications of either grade, or, if conforming, are not branded in ac- to be marked, 
cordance therewith, shall be classed as unclassified, and so branded, as^^to'^conrenfs. 

The marks indicating grade as above prescribed may be accom- 
panied by any other designation of grade or brand if that designa- 
tion or brand is not inconsistent with or marked more conspicuously 
than the one of the said four marks which is used on the said 
package. The minimum size or numerical count of the fruit in all 
grades, including the unclassified shall be marked upon the package 
and shall be determined by taking the transverse diameter of the 
smallest fruit in the package at right angles to the stem and 
blossosn end. Minimum sizes shall be stated in variations of one- 
quarter of an inch, such as two inches, two and one-quarter inches, 
two and one-half inches, and two and three-quarters inches, three 
inches, three and one-quarter inches, and so on, in accordance with 
the facts. Minimum sizes or numerical counts may be designated 
by figures iitstead of words. The word minimum may be desig- 
nated by using the abbreviation min. 

Sect. 3. Every closed package of apples which is packed, sold. Further, of the 
distributed, offered or exposed for sale, within or without the state ^nd'^bafreis. ^°^^^ 
by any person shall have marked in a conspicuous place on the out- agHcu'ituM^to °^ 
side thereof in plain letters a statement clearly and truly stating P?"escribe rules. 
the quantity of the contents, the name and address of the packer, 
or the person by whose authority the apples were packed, and the 
package marked with the true name of the variety, the grade and 

23 



790 



Chapter 227. 



ri917 



Misbranding, etc 
prohibited. 



Adulterated 
apples, defined 



Misbranded 



the mmimuin size of the apples contained therein, and the name of 
state where grown. If the true name of the variety shall not be 
knoAvn to the packer or the person by whose authority the apples 
are packed or branded, then such statement shall include the words 
variety unknown. Every package of apples which is repacked 
shall bear the name and address of the repacker or the name of the 
person by whose authority it is repacked in place of that of the 
original packer. 

Barrels shall be marked or branded as prescribed in this act in 
block letters and figures of size not less than thirty-six points 
Gothic. The commissioner of agriculture shall prescribe rules and 
regulations consistent herewith relative to branding other closed 
packages. 

Sect. 4. It shall be unlawful for any person within the state 
to pack, sell, distribute, offer or expose for sale or distribution 
apples which are adulterated or misbranded within the meaning 
of this act. 

Sect. 5. For the purpose of this act apples packed in a closed 
package shall be deemed to be adulterated if their measure, quality 
or grade does not conform in each particular to the claims made 
upon the affixed guaranty. 

Sect. 6. For the purpose of this act apples packed in a closed 
packages, defined. ^^^^^^^ gj^^n ^^ deemed to be misbranded : 

First. If the package shall fail to bear all the statements re- 
quired by sections one, two and three. 

Second. If the package shall be falsely branded or shall bear 
any statement, design, or device regarding such apples which is 
false, or misleading, or if the package bears any statement, design 
or device indicating that the apples contained therein are N. H. 
standard grade and said apples when packed or repacked do not 
conform to the requirements prescribed by this act for such grade. 

Sect. 7. The commissioner of agriculture shall make uniform 
rules and regulations for carrying out the provisions of this act. 

Sect. 8. The commissioner of agriculture, in person, or by 
deputy, shall have free access, ingress and egress at all reasonable 
hours to any place or any building wherein apples are packed, 
stored, sold, offered or exposed for sale. He shall also have power, 
in person or by deputy, to open any box, barrel, or other container, 
and may, upon tendering the market price, take samples therefrom. 

Sect. 9. When the said commissioner of agriculture becomes 
notify violator of eoemizant of the violation of anv of the provisions of this act he 

this act, and then » n i p ' i • i j> i ^ ] • 

hear the case. shall causc noticc of such fact, together with a copy oi the nndmgs, 
to be given to the person concerned. The person so notified sliall 
be given an opportunity to be heard under such rules and regula- 
tions as may be prescribed by said commissioner of agriculture. 
Notices shall specify the date, hour and place of the hearing, said 
hearing to be held in the county where said inspection is made. 



Commissioner of 
agriculture to 
make rules, etc., 
•for carrying out 
1;his act. 
Commissioner of 
agriculture em- 
powered to open 
containers, etc. 



Commissioner to 



1917] Chapter 227. 791 

Sect. 10. There shall be appropriated from the state treasury Appropriation of 
the sura of three hundred dollars for each of the years ending years to'^ carry o^t 
August 31, 1918 and 1919 for the purpose of carrying out the pro- p^°^'"'°''« «* ^^'^ 
visions of this act. So much of said appropriation shall be paid 
by the state treasurer to the commissioner of agriculture as may be 
shown by his bills and vouchers of expenditures in performing the 
duties required by this act. 

Sect. 11. Any person who adulterates or misbrands apples Penalty for 
within the meaning of this act, or any person who packs, sells, dis- misbranding. ^"^ 
tributes, offers or exposes for sale or distribution, apples in violation 
of any of the provisions of this act, shall be punished by a fine not 
exceeding fifty dollars for the first offense, and by a fine not ex- 
ceeding one hundred dollars for each subsequent offense. 

Sect. 12. No person shall be prosecuted under the provisions of Responsibility for 
this act when he can establish satisfactory evidence to the effect upon *^om^^ ^ 
that he acted solely as a distributor, and to the effect that he was 
not a party to the packing, grading or branding of such articles, or 
when he can establish a guaranty, signed by the person from whom 
he received such articles, to the effect that the same is not adulter- 
ated or misbranded within the meaning of this act. Said guaranty, 
or said satisfactory evidence, to afford protection, shall contain the 
name and address of the party, or parties, making the sale or ship- 
ment of such articles to said distributor, and in such cases, said 
party, or parties shall be amenable to the prosecution, fines and 
other penalties, which would otherwise attach to the dealer or dis- 
tributor under the provisions of this act. 

Sect. 13. The word person as used in this act shall be construed Enforcement of 
to be both plural and singular, as the case demands, and shall in- 
clude corporations, companies, societies and associations. When 
construing and enforcing the provisions of this act, the act, omission 
or failure of any officer, agent, or other person acting for or em- 
ployed by any corporation, company, society, or association, within 
the scope of his employment or office, shall in every case be also 
deemed to be the act, omission, or failure of sach corporation, com- 
pany, society or association as well as that of the person. For the 
purposes of this act apples packed in closed packages shall be 
deemed to be adulterated if their quality or grade when packed or 
repacked does not conform to the marks upon the package. The 
words closed package shall mean a box or barrel or other package, 
the contents of which cannot be seen or inspected when such pack- 
age is closed. 

Sect. 14. The commissioner of agriculture shall diligently en- 
force all of the provisions of this act, and in this connection, he shall 
be entitled to have and receive the advice, counsel and assistance of 
the attorney-general and of the attorney for the state in the several 
counties. 



792 



Chapter 228. 



[1917 



The said conimissioner of agriculture in his discretion may re- 
cover the penalties for the violation of the provisions of this act in 
an action on the case in his o^vn name, but in behalf and for the 
benefit of the state, the venue to be as in other civil actions, and the 
party prevailing in any such action shall recover full costs; or he 
may prosecute violators by complaint or indictment in the name 
of the state, and such prosecution shall be commenced in the county 
in which the offense was committed. All fines received under this 
act by county treasurers shall be paid by them to the state treas- 
urer. 

Trial justices and municipal and police courts are hereby in- 
vested with original jurisdiction concurrent with the supreme 
judicial and superior courts, to hear, determine, enter and by ap- 
propriate process enforce judgment in actions commenced for the 
recovery of the penalties aforesaid, and to try, and upon conviction 
to punish for offenses under the provisions of this act. 

[Approved April 19, 1917.] 



CHAPTER 228. 

AN ACT TO LICENSE AND REGULATE THE BUSINESS OF MAKING LOANS 
IN SUMS OF THREE HUNDRED DOLLARS OR LESS, AT A GREATER RATE 
OF INTEREST THAN SIX PER CENT. PER ANNUM, PRESCRIBING THE 
RATE OF INTEREST AND CHARGE THEREFOR, AND PENALTIES FOR THE 
VIOLATION THEREOF. 



Section 

1. Lenders of money, when to be li- 

censed by the bank commissioners. 
Procedure. License non-assign- 
able. Bonds. Revocation of li- 
cense. Certain regulations. Records 
of licensee open to inspection of 
commissioners. False advertising 
prohibited. 

2. Regulations applicable to the bu.si- 

ness. 



Section 

3. Lender to furnish borrower with 

certain statements. Other restric- 
tions. 

4. Interest limited to si.x per cent., ex- 

cept when. Penalty. 

5. Act not to apply to banks, trust com- 

panies, or building and loan asso- 
ciations, 
f). Repealing clause: takes effect July 1, 
1917. 



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



Lenders of SECTION 1. No person, co-partncrship. or corporation shall 

b'e"'ii?enred'"by*^he ^a'^G ^uy loan of moucy, credit, goods, or things of value in 
bank commission- i\^q amouiit or to the valuc of three hundred dollars, or less, 
License non- -s\4iether socurcd or unsecured, and charge, contract for or receive 
BoB^* Revocation a greater rate of interest than six per cent, per annum tlierefor, 



1917] Chapter 228. 793 

without first obtaining a license from the board of bank eommis-of license. Certain 
sioners. Application for such license shall be in writing and shall Records of" 
contain the full name and address, both of the residence and place jns^pe^c^tlon^of 
of business, of the applicant and if the applicant is a co-partner- p°^^'|^^'°gj®t"jjjg 
ship, or corporation, of every member, or officer thereof; also the P'"°h'''ited. 
city or town, with street and number, if any, where the business is 
to be conducted. Every such applicant, at the time of making 
such application, shall pay to the board of bank commissioners the 
sum of fifty dollars to be paid over to the state treasurer for the 
use of the state as an annual license fee and in full payment of all 
expenses of examinations under, and administration of, this act. 
The applicant shall also, at the same time, file with the board of 
bank commissioners a surety company bond in which the applicant 
shall be the obligor, in the sum of one thousand dollars to be ap- 
proved by said board which bond shall run to the people of the 
state of New Hampshire for the use of the state and of any person, 
or persons who may have a cause of action against the obligor of 
said bond under the provisions of this act, and shall be conditioned 
that said obligor will conform to and abide by each and every pro- 
vision of this act and will pay to the state and to any such person 
or persons any and all moneys that may become due or owing to 
the state and to such person, or persons, from said obligor, under 
and by virtue of the provisions of this act. 

Upon the filing of such application and the approval of said bond 
and the payment of said fee, the board of bank commissioners shall 
issue a license to the applicant to make loans in accordance with the 
provisions of this act for a period which shall expire the day of 
April next following the date of its issuance ; provided, that if the 
license is issued for a period of less than six months the license fee 
shall be twenty-five dollars. Such license shall not be assigned. 

If in the opinion of the board of bank commissioners the bond 
shall at any time appear to be insecure or exhausted, or otherwise 
doubtful, an additional bond in the sum of not more than one 
thousand dollars satisfactory to the board of bank commissioners 
shall be filed and upon failure of the obligor to file such additional 
bond the license shall be revoked by said board. 

The board of bank commissioners may, in their discretion, upon 
notice to the licensee and opportunity to be heard, revoke such 
license if satisfied that the licensee has violated any pro^^sion of 
this act ; and in case the licensee shall be convicted a second time of 
a violation of section 2 of this act said board shall revoke such 
license ; provided, that the second offense shall have occurred after 
a prior conviction. The issuance of another license after a revoca- 
tion shall be at the discretion of said board. 

The license shall be kept conspicuously posted in the place of 
business of the licensee. 



794 Chapter 228. [1917 

No person, co-partnership, or corporation so licensed shall make 
any loan or transact any business provided for by this act, under 
any other name, or at any other place of business than that named 
in the license. Not more than one office, or place of business shall 
be maintained under the same license but the board of bank com- 
missioners may issue more than one license to the same person or 
corporation upon the payment of an additional license fee and the 
filing of an additional bond for each license. 

In case of the removal of a licensee, he shall at once give written 
notice thereof to the board of bank commissioners who shall attach 
to the license their consent in writing to the removal. 

The board of bank commissioners for the purpose of discovering 
violations of this act may either personall}^ or by any person des- 
ignated by them, at any time and as often as they may desire, 
investigate the loans and business of every licensee and of every 
person, co-partnership and corporation by whom or which any such 
loan shall be made, whether such person, co-partnership, or cor- 
poration shall act, or claim to act as principal, agent, or broker, or 
under, or without the authority of this act; and for that purpose 
they shall have free access to the books, papers, records and vaults 
of all such persons, co-partnerships and corporations; they shall 
also have authority to examine, under oath, all persons whomso- 
ever, whose testimony they may require, relative to such loans, or 
business. 

The licensee shall keep such books and records as in the opinion 
of the board of bank commissioners will enable said board to deter- 
mine whether the provisions of this act are being observed. Every 
such licensee shall preserve the records of final entry used in such 
business, including cards used in the card system, if any, for a 
period of at least one year after the making of any loan recorded 
therein. 

No licensee or other person or corporation shall print, publish, or 
distribute or cause to be printed, published or distributed in any 
manner whatsoever, any written or printed statement with regard 
to the rates, terms or conditions for the lending of money, credit, 
goods or things of value, in amounts of three hundred dollars or 
less, which is false or calculated to deceive. 
Regulations ap- Sect. 2. Evcry person, co-partnership and corporation licensed 
business. "^ ^ hereunder may loan any sum of money, goods or things of value 
not exceeding in amount or value the sum of three hundred dollars 
and may charge, contract for and receive thereon interest at a rate 
not to exceed three per cent, per month. 

Interest shall not be payable in advance or compounded and shall 
be computed on unpaid balances. In addition to the interest herein 
provided for, charges may be made as follows : On loans not ex- 
ceeding fifty dollars in amount, an inspection fee of one dollar 
may he collected at the time the loan is made, and on loans exceed- 



1917] Chapter 228. 795 

ing fifty dollars in amount, but not exceeding three hundred dollars, 
an inspection fee of two dollars may be collected at the time the 
loan is made, provided, however, that such inspection fees shall not 
be collected from the borrower for any new or additional loan, 
renewal or extension of the loan, unless at the time of making such 
new or additional loan, renewal or extension, a period of at least 
four months shall have elapsed from the time of making the previ- 
ous charge for investigation. No charge or inspection fee shall be 
imposed unless the loan is actually made and no such fee shall be 
charged on any loan less than fifteen dollars. No charge, or 
amount whatsoever for any examination, service, brokerage, com- 
mission or other thing, or otherwise, shall be directly or indirectly 
charged, contracted for or received, except as hereinbefore pro- 
vided, and except the lawful fees, if any, actually and necessarily 
paid out by the licensee to any public officer, for filing, or record- 
ing in any public office, any instrument securing the loan, which 
fees may be collected when the loan is made, or at any time there- 
after. 

If interest, or charges in excess of those permitted by this act 
shall be charged, contracted for, or received, the contract of loan 
shall be void and the licensee shall have no right to collect, or re- 
ceive any principal, interest or charges whatsoever. 

No person shall ow^e any licensee at any time more than three 
hundred dollars for principal. 

Sect. 3. Every licensee shall : Lender to furnish 

, , - . , . . borrower with 

iJeliver to the borrower, at the time a loan is made, a statement certain state- 
in the English language showing in clear and distinct terms the restrictions. ^ 
amount and date of the loan and of its maturity, the nature of the 
security, if any, for the loan, the name and address of the bor- 
rower and of the licensee and the rate of interest charged. Upon 
such statement there shall be printed in English a copy of section 
2 of this act ; 

Give to the borrower a plain and complete receipt for all pay- 
ments made on account of any such loan at the time such payments 
are made ; 

Upon repayment of the loan in full, mark indelibly every paper 
signed by the borrower with the word paid or cancelled, and dis- 
charge any mortgage, restore any pledge, return any note and can- 
cel any assignment given by the borrower as security. 

No licensee shall take any confession of judgment or any power 
of attorney. Nor shall he take any note, promise to pay, or secur- 
ity that does not state the actual amount of the loan, the time for 
which it is made and the rate of interest charged, nor any instru- 
ment in which blanks are left to be filled after execution. 

Sect. 4. No person, co-partnership or corporation except as interest limited 
authorized by this act shall, directly or indirectly, charge, contract except ^when^.°*'' 
for, or receive any interest or consideration greater than six per^®°^'*^- 



796 Chapter 228. [1917 

cent, per annum upon the loan, use or forbearance of money, goods 
or things of value or upon the loan, use or sale of credit, of the 
amount or value of three hundred dollars or less. 

The foregoing prohibition shall apply to any person who, as 
security for any such loan, use of [or] forbearance of money, goods 
or things of value or for any such loan, use or sale of credit, makes 
a pretended purchase of property from any person and permits 
the owner or pledgor to retain the possession thereof, or who, by^ 
any device or pretense of charging for his services, or otherwise, 
seeks to obtain a greater compensation than is authorized by this 
act. ■ 

Any person, and the several officers and employees of any cor- 
poration, who shall violate the foregoing prohibitions shall be guilty 
of a misdemeanor and upon conviction thereof shall be punishable 
by a fine of not more than one hundred dollars or by imprisonment 
of not more than six months, or by both such fine and imprison- 
ment in the discretion of the court. 

Any licensee and any officer or employee of a licensee who shall 
violate any of the provisions of section 2 of this act shall be guilty 
of a misdemeanor and upon conviction thereof shall be punishable 
by a fine of not more than one hundred dollars or by imprisonment 
of not more than six months or by both such fine and imprisonment 
in the discretion of the court. 

No loan for which a greater rate of interest or charge than is 

allowed by this act has been contracted for or received, wherever 

made, shall be enforced in this state and any person in any wise 

participating therein in this state shall be subject to the provisions 

of this act. 

Act not to apply Sect. 5. This act shall not apply to any person, co-partnership 

companfes,*'^^/* Or corporatiou doing business under any law of this state or of the 

building and United States relating to banks, trust companies, or building and 

loan associations. 
Repealing clause; Sect. 6. All acts and parts of acts inconsistent with the pro- 
1*^1917.^*^* "'^ visions of this act are hereby repealed, and this act shall take effect 
July 1, 1917. 

[Approved April 19, 1917.] 



1917] 



Chapter 229. 
CHAPTER 229. 



797 



AN ACT IN AMENDMENT OF CHAPTER 133 OP THE LAWS OF 1911, EN- 
TITLED ' ' AN ACT REPEALING CHAPTER 86 OF THE LAWS OF 1905 AND 
CHAPTER 154 OF THE L/VWS OF 1909, AND ENACTING A MOTOR VEHI- 
CLE LAW," AS AMENDED BY CHAPTER 81 AND CHAPTER 171 OF THE 
LAWS OF 1913 AND CHAPTER 129 OF THE LAWS OF 1915. 



Section 

1. Meaning of certain terms. 

2. Registration of motor vehicles, re- 

quested. Horse-power. Transfer. 

3. Motor vehicles of non-residents, free 

period; registration of. 

4. Registration by manufacturer or 

dealer. 

5. Motor cycles to have number plate 

displayed. 



Section 

6. Motor vehicles, use of upon high- 

ways, regulated. 

7. Fees, for registration ; plates ; oper- 

ator's license, etc. 

8. Jurisdiction of commissioner of mo- 

tor vehicles. 
0. Parts of this act take effect on pass- 
age; remainder takes effect Jan. 1, 
1918. 



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



Section 1, chapter 133, Laws of 1911, as amended M'eaning of 

' ^ certain terms. 



Section 1 
by section 1, chapter 81, Laws of 1913, and by chapter 129, Laws 
of 1915, is hereby amended by striking out, in the fifth paragraph 
of said section, the words, " 'Dealer' shall include every person who 
actually is engaged in the business of buying, selling or exchang- 
ing motor vehicles, on commission or otherwise," and inserting in 
place thereof the words: "Dealer" shall include every person who 
is engaged principally in the business of buying, selling or exchang- 
ing motor vehicles, on commission or otherwise, so that said section 
as amended shall read: Section 1. Terms used in this act shall 
be construed as follows, unless a different meaning is clearly appar- 
ent from the language or context, or unless such construction is in- 
consistent with the manifest intention of the legislature: 

"Commissioner" shall mean the commissioner of motor vehicles 
for the state of New Hampshire. 

"Automobile" shall include all motor vehicles except motor 
cycles. 

"Chauffeur" shall mean any person who operates a motor vehi- 
cle other than his own, and who directly or indirectly receives com- 
pensation therefor. 

"Dealer" shall include every person who is engaged principally 
in the business of buying, selling or exchanging motor vehicles, on 
commission or otherwise. 

"Garage" shall mean every place where five or more motor 
vehicles are stored or housed at any one time, except only such 
places in which motor vehicles are kept by the owners thereof with- 
out payment for storage. 



798 



Chapter 229. 



[1917 



Registration of 
motor vehicles, 
requested. 
Horse-power. 
Transfer. 



" IntersectiDg way" shall mean any way which joins another at 
an angle, whether or not it crosses the other. 

"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 for the conveyance of a passenger. 

"Motor vehicles" shall include automobiles, motor cycles, and 
all other vehicles used upon highways, propelled by power other 
than muscular power, except railroad and railway cars and motor 
vehicles running only upon rails or tracks. 

"Non-resident" shall apply to residents of states, districts, or 
countries who have no regular place of abode or business in this 
state for a period of more than three months continuously in the 
calendar year. 

' ' Number plate ' ' shall mean the sign or marker furnished by the 
commissioner, on which is displayed the register number or mark 
of a motor vehicle assigned to such motor vehicle by the commis- 
sioner. 

"Operator" shall mean any person who operates a motor vehi- 
cle, other than a chauffeur. 

"Person," wherever used in connection with the registration of 
a motor vehicle, shall include all corporations, associations, partner- 
ships, companies, firms or other aggregations of individuals who 
own or control such vehicles, in any capacity, or for any purpose. 
"Police officer" or "officer" shall include any constable or other 
officer authorized to make arrest or serve process. 

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

"Thickly settled or business part of a city or town" shall mean 
the territory of a city or town contiguous to any way which is built 
up with structures devoted to business or the territory of a city or 
town contiguous to any way where the dwelling-houses are situated 
at such distances as will average less than one hundred feet between 
such dwelling-houses for a distance of a quarter of a mile or over. 
"Way" shall mean any public highway, street, avenue, road, 
alley, park, parkway or any private way laid out under authority 
of statute. 

Sect. 2. Section 2, chapter 133, Laws of 1911, as amended by 
section 2, chapter 129, Laws of 1915, is hereby amended by striking 
out the whole of said section and inserting in place thereof tlie fol- 
lowing : Sect. 2. Application for the registration of motor vehi- 
cles may be made by the owner thereof, by mail or otherwise, to the 
commissioner, upon blanks prepared under his authority. The ap- 
plication shall contain in addition to such other particulars as may 
be required by the commissioner, a statement of the name, place 
of residence, and street address of the applicant, with a brief 
description of the motor vehicle, including the name of the maker, 



1917] Chapter 229. 799 

the number, if any, affixed by the maker the character of the motor 
power, and the amount of such motor power stated in figures of 
horse-power. The proper registration fee, as provided in section 
26, shall be deposited before said application is granted. The com- 
missioner or his duly authorized agent shall then register in a book, 
or upon suitable index cards to be kept for the purpose, the motor 
vehicle described in the application, giving to said vehicle a distin- 
guishing number or other mark to be known as the register num- 
ber for said vehicle, and shall thereupon issue to the applicant a 
certificate of registration. Said certificate shall contain the name, 
place of residence and address of the applicant, and the register 
number or mark, and shall be in such form and contain such fur- 
ther information as the commissioner shall determine. An appli- 
cant for the registration of a motor vehicle who does not file his 
application therefor until after the thirtieth day of September in 
any year shall be entitled to a reduction in the fee for such regis- 
tration as provided in section 26. Upon the transfer of ownership 
of any motor vehicle, its registration shall expire, and the person 
in whose name such vehicle is registered shall return forthwith the 
certificate of registration to the commissioner with a written notice 
containing the date of such transfer of ownership and the name, 
place of residence, and address of the new owner, or in case of total 
loss by fire, theft or accident, a written statement under oath setting 
forth all the circumstances attending such total loss by fire, theft 
or accident. A person who transfers the ownership of a registered 
motor vehicle owned by him to another, or which is totally lost by 
fire, theft or accident, upon the filing of a new application, and 
upon the payment of the fee as provided in section 26, may have 
registered in his name another motor vehicle for the remainder of 
the calendar year, provided the horse-power of said motor vehicle 
is the same or less than that of the motor vehicle first registered by 
him; but, if the horse-power of the motor vehicle is greater than 
that of the motor vehicle first registered by him, the applicant shall 
pay, in addition to the said fee, the difference between the fee paid 
by him for the said vehicle first registered and the fee for the 
registration of a motor vehicle of the higher horse-power, as pro- 
vided in section 26. The commissioner, at his discretion, may 
assign to the motor vehicle of any person who surrenders his reg- 
istration certificate, as herein provided, and who desires to register 
another motor vehicle, the register number of the motor vehicle 
described in the surrendered certificate, or in the statement as 
hereinbefore provided for in the case of loss by fire, theft or acci- 
dent. Said commissioner shall furnish at his office, without charge, 
to every person whose automobile is registered as aforesaid, two 
number plates of suitable design, each number plate to have dis- 
played upon it the register number assigned to such vehicle, the 
letters N. H., and figures showing the year of the issue. The com- 



800 



Chapter 229. 



[1917 



Motor vehicles of 
non-residents, 
free period; 
registration of. 



missioner shall furnish in like manner to every person whose motor 
cycle is registered as aforesaid a plate, the form and size of which 
shall be determined by the commissioner, together with the year 
of the issue thereof and with the register number of the motor 
cycle stamped or otherwise suitably inscribed thereon. The horse- 
power of every motor vehicle sought to be registered shall be 
determined by the commissioner, and such determination shall be 
final. In determining such horse-power the commissioner may em- 
ploy the rating established by the Association of Licensed Automo- 
bile Manufacturers, so far as the same may be applicable, or any 
other test or formula by which such horse-power may be mathe- 
matically ascertained ; and if no such test or formula can be had, 
the commissioner may use the highest rated power as given by the 
manufacturer, or otherwise cause the horse-power to be tested. 
The registration of every motor vehicle shall expire at midnight 
upon the thirty-first day of December of each year, unless other- 
wise provided. 

Sect. 3. Amend section 3, chapter 133, Laws of 1911, as 
amended by section 2, chapter 81, Laws of 1913, and section 3, 
chapter 129, Laws of 1915, by striking out the whole of said sec- 
tion and inserting in place thereof the following: Sect. 3. (a) 
A motor vehicle owned by a non-resident of this state, who has com- 
plied with the laws of his state, district or country, relating to 
registration and licensing of motor vehicles, may be operated upon 
the ways of this state, for a period not exceeding twenty 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 distin- 
guishing number or mark of the state, district or country in which 
the owner thereof resides, and none other, until the vehicle is 
registered in accordance with the provisions of this act. A motor 
vehicle so owned may be operated also in this state during the 
months of July, August and September in any year if application 
for the registration thereof is made in accordance with the provi- 
sions of section 2 and the proper fee provided for in section 26 is 
paid, and the said vehicle is duly registered by the commissioner or 
his authorized agent. The commissioner shall furnish at his otfiee, 
without charge, to every person whose automobile is registered as 
aforesaid, two number plates of suitable design, and triangular in 
shape, each number plate to have displayed upon it the register 
number assigned to such vehicle, the letters N. H., and figures 
showing the year of the issue. The commissioner shall furnish in 
like manner to every person, whose motor cycle is registered as 
aforesaid, a plate, the form and size of which shall be determined 
by the commissioner, which shall have the year of the issue thereof 



1917] Chapter 229. 801 

and the registered number of the motor cycle stamped or otherwise 
suitably inscribed thereon. 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 })ona fide actual residence in 
a state granting like privileges to residents of this state, which resi- 
dence 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 section 2 and the proper fee provided for in sec- 
tion 26 is paid and the said motor vehicle is duly registered by 
the commissioner or his authorized agent. The commissioner shall 
furnish at his office, without charge, to every person whose automo- 
bile is registered as aforesaid, a metal tag of suitable design, and 
oval in shape, to have displayed upon it the register number as- 
signed 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 
commissioner for motor cycles. Such tag shall at all times be con- 
spicuously displayed on the front of such motor vehicle. Every 
application filed under the provisions of (a) and (b) of this 
section shall be sworn to by the applicant before a justice of the 
peace or a notary public. 

Sect. 4. Amend section 4, chapter 133, Laws of 1911, as Registration by 
amended by section 4, chapter 129, Laws of 1915, by striking out ^eX/.^ '*""'' *"" 
the whole thereof and inserting in place thereof the following: 
Sect. 4. Every manufacturer or dealer in motor vehicles may 
make application upon a blank provided by the commissioner, for a 
general distinguishing number or mark, instead of registering each 
motor vehicle owned or controlled by him, and with such applica- 
tion shall be deposited the registration fee as herein provided, and 
the commissioner may grant such application if satisfied of the 
facts stated therein, and issue to the applicant a certificate of regis- 
tration, containing the name, business address of the applicant, and 
the distinguishing number or mark assigned to him, and made in 
such form and containing such further information as the commis- 
sioner may determine ; and all motor vehicles owned or controlled 
by such manufacturer or dealer shall be regarded as registered 
under such general distinguishing number or mark until sold. 

The commissioner shall furnish, at his office, without charge, to 
every manufacturer of or dealer in motor vehicles whose vehicles 
are registered under the provisions of this section, six pairs of 
number plates of suitable design, the plates to have displayed 
upon them the register number which is assigned to the motor 
vehicles of such manufacturer or dealer, with a different letter or 
letters or mark on each pair of number plates. The commissioner 



802 Chapter 229. [1917 

shall furnish at the price stated in section 26, to every person whose 
vehicles are registered as aforesaid, as many plates for motor cycles 
as such person shall apply for. Said plates, the form and size 
of which shall be determined by the commissioner, shall have 
stamped or suitably inscribed thereon the year of the issue thereof, 
and the register number or mark of the manufacturer or dealer and 
each plate so furnished shall also bear a different letter or letters. 
A manufacturer of or dealer in motor vehicles whose vehicles are 
registered under the provisions of this section may loan for a period 
of ten days to a person purchasing a motor vehicle from such manu- 
facturer or dealer a pair of number plates. Such manufacturer 
or dealer shall thereupon execute in triplicate upon blanks to be 
furnished by the commissioner of motor vehicles for that purpose 
a certificate setting forth the name of the purchaser, the make and 
number of the car, the date of the purchase, and the date when 
the period of ten days expires. He shall immediately file one copy 
of such certificate with the commissioner of motor vehicles, shall 
furnish a copy to the purchaser which shall be kept on his person 
or in the vehicle in some easily accessible place, and shall retain one 
copy himself. 
Motor cycles to Sect. 5. Amend section 6, chapter 133, Laws of 1911, as 
pfJte d^fa^ed. amended by section 5, chapter 129, Laws of 1915, by striking out 
the word "seal" wherever it appears in said section and inserting 
in place thereof the word plate, so that said section shall read as 
follows : Sect. 6. Every motor cycle operated in or on any way 
shall have displayed conspicuously the plate bearing the register 
number furnished in accordance with the provisions of sections 2, 
3 (a) and 4 of this act for such vehicle. Said plate shall be fast- 
ened securely to some part of the vehicle or to some contrivance 
firmly attached thereto, in the rear of the saddle. 
Motor vehicles, Sect. 6. Amend section 7, chapter 133, Laws of 1911, as 

way^eluiated^''' ^"^^^^^^^^ ^^ section 3, chapter 81, Laws of 1913, and section 6, 
chapter 129, Laws of 1915, by striking out the entire section and 
inserting a new section to read as follows : Sect. 7. Every motor 
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 -period from one-half hour after sunset to one-half hour before 
sunrise sliall 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 from tlie front lamps shall be sufficient to be visible at 



1917] Chapter 229* 803 

least two hundred feet in the direction in which the motor vehicle 
is proceeding, and all motor vehicles equipped with electric head- 
lights shall also be equipped with some device, to dim the glare or 
to scatter the rays of light from the same, which shall have been 
approved by the commissioner of motor vehicles, and it shall be the 
duty of any person having control or charge of a motor vehicle 
which is equipped with electric headlights to dim or extinguish such 
headlights when approaching an electric street railway car or 
another automobile. The commissioner of motor vehicles shall ex- 
amine the various devices for dimming or scattering the rays of 
light from electric headlights on motor vehicles, and may sanction 
for use such of said devices as meet his approval. The commis- 
sioner of motor vehicles shall annually cause to be printed and 
distributed to owners of registered motor vehicles a statement of 
the devices which have been so approved. 

Sect. 7. Amend section 26, chapter 133, Laws of 1911, as Fees, for registra- 
amended by section 6, chapter 81, Laws of 1913, chapter 171, Laws opeVato^r-s^^ucense, 
of 1913, and section 8, chapter 129, Laws of 1915, by striking out«*°- 
the whole of said section and inserting in place thereof the follow- 
ing: Sect. 26. The commissioner or his authorized agents shall 
collect fees as follows: 

For the registration of every motor cycle, $2. For the substitu- 
tion of the registration of a motor cycle for that of a motor cycle 
previously registered in accordance with the provisions of section 
2 of this act, $1. 

For the registration of every automobile not exceeding fifteen 
horse-power, $10. 

For the registration of every automobile exceeding fifteen horse- 
power and not exceeding thirty horse-power, $15. 

For the registration of every automobile exceeding thirty horse- 
power and not exceeding forty horse-power, $20. 

For the registration of every automobile exceeding forty horse- 
power and not exceeding fifty horse-power, $25. 

For the registration of every automobile exceeding fifty horse- 
power and not exceeding sixty horse-power, $30. 

For the registration of every automobile exceeding sixty horse- 
power, $40. 

For the substitution of the registration of an automobile for that 
of an automobile previously registered in accordance with the pro- 
visions of section 2 of this act, $2. 

For the registration of a tractor or log hauler, $10. 
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 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. 



804 Chapter 229. [1917 

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, $2. 

For the registration of motor vehicles owned by or under the 
control of a manufacturer of or dealer in motor vehicles, $50. 

For the registration of all the motor cycles owned by or under 
the control of a manufacturer of or dealer in motor cycles who 
does not manufacture or deal in automobiles, including three plates 
to be furnished with the certificate of registration, $5. 

For every additional plate furnished to replace such plates as 
have been lost or mutilated, or which are illegible, and for every 
plate furnished to a manufacturer of or dealer in automobiles for 
use on motor cycles owned by or under the control of such persons, 
fifty cents. 

For every additional number plate furnished to replace such as 
have been lost or mutilated or which are illegible, $1, and for every 
additional pair of number plates furnished to a manufacturer of 
or dealer in motor vehicles whose business requires more than six 
pairs of such plates, $5. 

For each operator 's original license and examination, $3 ; for each 
chauffeur 's original license, examination and badge, $5 ; for all sub- 
sequent operators' and chauffeurs' licenses, $1. 

For every additional copy of a certificate of registration or li- 
cense, fifty cents. 

For the operation of all cars bearing the neutral zone registra- 
tion, the operator's or chauffeur's license issued by the state of resi- 
dence shall be deemed sufficient. The fee for a neutral zone regis- 
tration shall be $2. 

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 issued, 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, and for all subsequent certifi- 
cates and all certificates issued to drivers who have previously been 
licensed in the state of their residence, if license is required in such 
state, $1. Provided, however, that said commissioner or his aai- 
thorized agents may furnish without charge copies of certificates 
of registration and licenses to operate and copies of other docu- 
ments relating thereto to officers of the state, or of any court 
thereof, or of a city or town therein, and said commissioner may 
issue certificates of registration for motor vehicles and licenses to 
operate the same to any membe» of the foreign diplomatic corps 
without payment of the fees therefor. Motor vehicles owntxi and 
operated by the state, or by any county, city or town, sliall be 
exempt from registration fees, but shall be registered as any other 
motor vehicles are registered. Nothing in this act shall be so con- 



1917] 



Chapter 230. 



805 



strued as to prevent a dealer, as herein defined, using his cars 
registered under his dealer's registration for renting or pleasure 
purposes. 

Sect. 8. Further amend said chapter 133, Laws of 1911, and Jurisdiction of 
all amendments thereto, by striking out the words "secretary of m^™' vehicles!* 
state" wherever the same appear in said chapter, or amendments, 
and inserting in place thereof the words commissioner of motor 
vehicles, and by striking out the word "secretary" wherever the 
same appears in said chapter, or amendments, and inserting in 
place thereof the word commissioner. 

Sect. 9. Section 8 of this act, that part of section 3 which re- Parts of this act 
lates to the number of days, in any one calendar year, that a motor p^assage!*''^ °° 
vehicle, owned by a non-resident, may be operated within the state eff?ct"'jan. ^h^^ 
without registration in this state, and that part of section 2 which i^i^. 
relates to a new registration, for the remainder of the calendar 
year, upon the transfer of ownership or the loss by fire, theft or 
accident of a registered motor vehicle, shall take effect upon its 
passage. Except as above provided in this section, all parts and 
provisions of this act shall take effect on January 1, 1918, and the 
sections amended shall remain in force as heretofore until that 
date. 

[Approved April 19, 1917.] 



CHAPTER 230. 

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OP THE STATE OF 
NEW HAMPSHIRE FOR THE YEAR ENDING AUGUST 31, 1918. 



Section 

1. Appropriations for sundry purposes. 

2. Appropriation for departments, open 

to what use. 



Section 

3. Takes effect August 31, 1917. 



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



Section 1. The sums hereinafter mentioned are appropriated, Appropriations 
to be paid out of the treasury of the state, for the purposes specified, pmp^o^ses.'^^ 
for the fiscal year ending on the thirty-first day of August, nine- 
teen hundred and eighteen, to wit : 

For the executive department, $36,300 as follows : For salary of 
governor, $3,000; for salary of governor's secretary, $800; for 
council, per diem and expenses, $5,000; for governor's contingent 
fund, $1,500; for transportation, $600; for incidentals, $150; for 

94 



806 Chapter 230. [1917 

printing blanks, $250; for emergency fund, to protect the interests 
of the state, $25,000. 

For the secretary of state department, $21,900 as follows: For 
salary of secretary, $3,500 ; for salary of deputy secretary, $1,800 ; 
for clerical expense, $1,500; for incidentals, $500; for printing 
blanks, $250; for printing report, $500; for express, $400; for 
postage, $300; for indexing province records, $1,000 ; for Australian 
ballot, $100 ; for direct primary, $2,000 ; for purchase of New Hamp- 
shire Law Reports, $1,050 ; for copying ancient records, $6,000 ; for 
copying provincial records, $3,000. 

For the treasury department, $10,400 as follows -. For salary of 
treasurer, $3,000; for salary of deputy, $1,800; for clerical expenses, 
$3,600 ; for compiling statistics, $200 ; for incidentals, $900 ; for 
printing blanks, $400 ; for printing report, $500. 

For the insurance department, $8,500 as follows : For salary of 
commissioner, $2,000; for clerical expenses, $3,000; for incidentals, 
$1,000; for printing blanks, and report, $2,500. 

For the bank commission, $12,050 as follows: For salaries of 
commissioners, $8,000; for clerical expenses, $1,050; for expenses 
of commissioners, $1,200; for incidentals, $600; for printing report, 
and blanks, $1,200. 

For the public service commission, $31,700 as follows: For sala- 
ries of commissioners, $10,700 ; for experts, clerks, and assistants, 
$15,000; for expenses of commissioners, $1,000; for incidentals and 
printing, $5,000. 

For the tax commission, $14,000 as follows: For salaries of 
commissioners, $8,000; for clerical expense, $1,000; for expenses 
of commissioners, $1,000; for incidentals and printing, $3,000; for 
printing report, $500 ; for expense of gathering county and town 
financial statistics, $500. 

For the public printing, $3,100 as follows : For incidentals, and 
printing blanks, $100; for purchase of paper stock, $3,000. 

For the department of indexing, for salaries, $1,200. 

For the state house department, $19,200 as follows: For sala- 
ries and pay roll, $8,200; for fuel, $3,000; for light and power. 
$3,000; for water, $400; for miscellaneous repairs, furniture and 
incidentals, $3,000; for telephone and operator, $1,600. 

For the legislature, for expenses, $500. 

For the supreme court, $29,730 as follows: For salaries of jus- 
tices, $25,000 ; for salary of clerk, $500 ; for salary of messenger, 
$200; for salary of state reporter, $1,800; for justices' expenses, 
$800 ; for transportation, $200 ; for examination of students, $450 ; 
for incidentals, $700; for transportation of state reporter, $80. 

For the superior court, $28,900 as follows : For salaries of jus- 
tices, $25,000; for justices' expenses, $3,000; for incidentals. $300; 
for transportation, $600. 



1917] Chapter 230. 807 

For the attorney-general's department, $13,700 as follows: For 
salary of attorney-general, $3,000 ; for salary of assistant attorney- 
general, $3,000; for clerical expenses, $3,000; for incidentals, 
$1,000 ; for copies of wills and records, $1,300 ; for supplies, $500 ; 
for printing, $200 ; for traveling expenses, $1,200 ; for enforcement 
of liquor laws, $500. 

For the probate court department, $9,900, for salaries of judges, 
as follows: For Rockingham county, $1,200; for Strafford county, 
$800; for Belknap county, $600; for Carroll county, $700; for 
Merrimack county, $1,200; for Hillsborough county, $2,000; for 
Cheshire county, $900; for Sullivan county, $600; for Grafton 
county, $1,000; for Coos county, $900. 

For salaries of registers of probate and deputies, $11,400 as fol- 
lows: For Rockingham county, register, $1,200; for Rockingham 
county, deputy, $600; for Strafford county, register, $1,000; for 
Belknap county, register, $600; for CarroU county, register, $600; 
for Merrimack county, register, $1,200 ; for Merrimack county, dep- 
uty, $800; for Hillsborough county, register, $1,500; for Hillsbor- 
ough county, deputy, $800 ; for Cheshire county, register, $600 ; 
for Sullivan county, register, $600; for Grafton county, register, 
$1,000; for Coos county, register, $900. 

For public instruction department, $21,200 as foUows: For sal- 
ary of superintendent, $4,000 ; for salaries of deputies, $6,500 ; for 
traveling expenses of deputies, $1,400 ; for clerical expenses, $2,000 ; 
for truant officer, attendance, $1,000; for incidentals, $1,500; for 
printing blanks, $1,000; for child labor act, salaries, $2,400; for 
child labor act, travel and printing, $1,400. 

For schools, for support and encouragement, $120,000. 

For mothers' aid act, $20,000. 

For Plymouth normal school, $32,000 as follows: For salaries, 
maintenance and operation, printing report, incidentals, and trus- 
tees' expenses, $32,000. 

For Keene normal school, $32,000 as follows: For salaries, 
maintenance and operation, printing report, incidentals, and trus- 
tees' expenses, $32,000. 

For New Hampshire College of Agriculture and Mechanic Arts, 
$52,000 as follows: For free tuition to New Hampshire students, 
$3,000; for poultry breeding, $4,000; for maintenance, $45,000. 

For the deaf, dumb and blind, $20,150 as follows: For support 
and education, $20,000; for Granite State Deaf Mute Mission, $150. 

For the state libraiy, $18,030 as follows : For salaries, $6,030 ; 
for maintenance and operation, $5,600 ; for books, periodicals, and 
binding, $6,000; for expenses of trustees, $150; for bulletin, public 
libraries, $250. 

For the state board of charities and correction, $28,600 as 
follows: For salary of secretary, $2,000; for clerical expenses, 
$1,400; for incidentals, $400; for traveling expenses, $700; for 



808 Chapter 230. [1917 

printing blanks, $100; for tubercular patients, $20,000; for child 
welfare work, $4,000. 

For the register of the blind, $8,700 as follows : For the register 
of the blind, $5,000; from the Nesmith fund, $3,700. 

For the lunacy commission, $800 as follows: For clerical ex- 
penses, $500; for incidentals, $200; for printing blanks, $100. 

For the state hospital, for maintenance, gross expenditures, 
$300,000. 

For the industrial school, $45,000 as foUows: For salaries, 
$17,000 ; for clerical expenses, and report, $1,000 ; for maintenance, 
$27,000. 

For the state prison, $51,800 as follows: For salary of warden, 
$2,500 ; for salary of chaplain, $1,000 ; for salary of physician, 
$500; for salarj' of parole officer, $200; for expenses of parole 
officer, $200 ; for library, $200 ; for special repairs, $2,000 ; for run- 
ning expenses, $45,000 ; for prison band, $200. 

For the soldiers' home, for maintenance, $17,000. 

For the school for feeble-minded children, for maintenance, 
$60,000. 

For the state sanatorium, $34,000 as follows: For salaries, 
$13,500 ; for maintenance, $20,500. 

For the Prisoners' Aid Association, $200. 

For the bureau of labor, $13,300 as follows : For salary of com- 
missioner, $2,500; for salary of clerks and assistants, $1,000; for 
expenses of arbitration, $1,500; for incidentals and traveling, 
$1,000; for printing blanks, $300; for printing report, $500; for 
factory inspection: for two inspectors, $4,000; for clerk, $1,000; 
for travel, $1,000; for printing, $500. 

For the department of agriculture, $19,300 as foUows: For sal- 
ary of commissioner, $2,500; for salary of deputy, $1,500; for 
clerical expenses, $1,800 ; for advisory board, per diem, and ex- 
penses, $400 ; for incidentals, $300 ; for institutes and public meet- 
ings, $2,000; for feeding stuifs inspection, .$2,500; for fertilizer 
inspection, $2,500 ; for nursery inspection, $500 ; for seed inspection, 
$500 ; for resources of state publications, $2,300 ; for licensing milk 
dealers, $500; for Granite State Dairymen's Association, $1,000; 
for New Hampshire Horticultural Society, $1,000. 

For the cattle commission, $18,500 as follows: For iacidentals, 
$500; for animals destroyed, $8,000; for inspection, disinfection 
and appraisal, $3,500; for possible expenses of epidemic, $6,500. 

For the state board of health, $15,050 as follows: For salary of 
secretary, $3.000 ; for salary of clerk, $700 ; for incidentals, $450 ; 
for printing blanks, $400; for epidemic fund, $2,500; for sanitary 
inspection, $5,000 ; for engineer, $500 ; for antitoxin, $2,500. 

For laboratory of hygiene, $9,300 as follows: For salaries of 
two chemists, $3,400; for salaries of three bacteriologists. $3,200; 



1917] Chapter 230. 809 

for clerk and assistant, $800; for incidentals, $1,400; for printing 
blanks and bulletins, $500. 

For vital statistics, $1,800 as follows: For clerical expenses and 
incidentals, $1,800. 

For the pharmacy commission, $1,300 as follows: For compen- 
sation, $375; for incidentals and running expenses, $500; for 
printing blanks, $50; for printing report, $50; for enforcement 
of the law, $325. 

For the registration of dentistry, $500. 

For the optometry board, $275 as follows: For compensation 
and expenses, $150 ; for printing, $100 ; for postage, $25. 

For medical referees, for printing, $50. 

For the adjutant-general's department, $70,025 as follows: For 
salary of the adjutant-general, $2,500 ; for clerical expenses, $2,000 ; 
for incidentals, $900; for printing blanks, $500; for officers' uni- 
forms, $2,500 ; for rifle ranges, $2,200 ; for state armories. Concord, 
Manchester and Nashua, $8,500; for national guard (so much of 
this as may be necessary to pay expenses of the annual encamp- 
ment, available June 1, of each year), $50,925. 

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

For bounties on hedgehogs, $3,500. 

For bounties on bears and grasshoppers, $800. 

For lights and buoys, $2,315 as follows: For Winnipesaukee 
lake, $1,100 ; for Winnipesaukee lake, opposite Melvin village, $100 ; 
for Sunapee lake, $400; for Squam lake, $300; for Winnisquam 
lake, $65 ; for Endicott rock, $50 ; for Endicott rock, repairs to 
platform, $300. 

For firemen's relief fund, $4,000. 

For forest protection, $42,700 as follows: For salary of for- 
ester, $3,000; for field assistance, $2,000; for clerical expense, 
$2,000; for traveling expenses, $1,000; for incidentals and commis- 
sioners' expenses, $1,500; for printing blanks, $700; for printing 
report, $500; for district chiefs' salaries and expenses, $4,800; for 
lookout stations, establishment and maintenance of, $6,700 ; for 
forestry conferences, $800 ; for prevention of fires, $2,700 ; for nurs- 
ery stock, $2,000; for care and acquisition of state land, $5,000; 
for town forest fire expenses and equipment, $7,500 ; for reforesta- 
tion of waste lands, $2,500. 

For moth suppression, $12,000. 

For the board of trustees of state institutions, $11,550 as follows: 
For per diem of trustees, $3,500 ; for clerical expenses, $3,000 ; for 
salary of purchasing agent, $3,000 ; for expenses of trustees, $500 ; 
for expenses of purchasing agent, $250 ; for incidentals, $900 ; for 
stationery, printing and blanks, $400. 



810 



Chapter 231. 



[1917 



For the highway department, $450,000 as follows: For perma- 
nent improvement, $125,000; for maintenance (automobile fees 
estimated, balance of previous year to be brought forward), 
$325,000. 

For interest charges and maturing bonds, $144,776.48 as follows : 
For teachers' institute fund, $2,388.93; for Fiske legacy, $1,055.14; 
for Kimball legacy, $270.14 ; for agricultural college fund, $4,800 ; 
for Hamilton Smith fund, $400; for Benjamin Thompson fund, 
$31,887.27; for John Nesmith fund, $3,700; for temporary loans, 
$2,500; for hospital loan, issue 1905, $2,800; for hospital loan, is- 
sue of 1907, $5,250 ; for hospital loan, issue 1909, $2,975 ; for sana- 
torium loan, $1,750 ; for hospital bonds, issue 1905, $10.000 ; for 
highway bonds, $75,000; for sanatorium bonds. 

For the G. A. R. department, $2,150 as follows: For printing, 
$300; for burial of soldiers, $1,800; for incidentals, $50. 

For the New Hampshire Historical Society, $500. 
Appropriation Sect. 2. Part of any appropriation herein made for any depart- 

open to what use. ment may be used for other work of said department and any 
balance remaining from the appropriation for public instruction 
department for aid and encouragement of schools, may be applied 
for maintenance of the normal schools, subject to the approval of 
the governor and council. 

Sect. 3. This act shall take effect August 31, 1917. 



Takes effect 
August 31, 1917. 



[Approved April 19, 1917.] 



CHAPTER 231. 

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OP THE STATE OP 
NEW HAMPSHIRE FOR THE YEAR ENDING AUGUST 31. 1919. 



Appropriations 
for sundry 
purposes. 



Section 

1. Appropriations for sundry purposes. 

2. Appropriation for departments, open 

to what use. 



Section 

.3. Takes effect August 31, 1917. 



Be it enacted by 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 nineteen, to wit : 

For the executive department, $36,300 as follows: For salary 
of governor, $3,000; for salary of governor's secretary, $800; for 
council, per diem and expenses, $5,000; for governor's contin- 



1917] Chapter 231. 811 

gent fund, .4;1,500; for transportation, $600; for incidentals, $150; 
for printing blanks, $250; for emergency fund, to protect the in- 
terests of the state, $25,000. 

For the secretary of state department, $26,300 as follows: For 
salary of secretary, $3,500; for salary of deputy secretary, $1,800; 
for clerical expense, $1,500; for incidentals, $500; for printing 
blanks, $250; for printing report, $500; for express, $400; for 
postage, $300 ; for indexing province records, $1,000 : for Australian 
ballot, $4,500 ; for direct primary, $2,000 ; for purchase of New 
Hampshire law reports, $1,050 ; for copjang ancient records, $6,000 ; 
for copying provincial records, $3,000. 

For the treasury department, $11,100 as follows: For salary of 
treasurer, $3,000; for salary of deputy, $1,800; for clerical ex- 
penses, $3,600 ; for compiling statistics, $200 ; for incidentals, $900 ; 
for printing blanks, $400; for printing report, $500; for treas- 
urer's and deputy's bond, $700. 

For the insurance department, $8,500 as follows : For salary of 
commissioner, $2,000 ; for clerical expenses, $3,000 ; for incidentals, 
$1,000 ; for printing blanks, and report, $2,500. 

For the bank commission, $12,100 as follows : For salaries of 
commissioners, $8,000; for clerical expenses, $1,100; for expenses of 
commissioners, $1,200; for incidentals, $600; for printing report, 
and blanks, $1,200. 

For the public service commission, $31,700 as follows : For sala- 
ries of commissioners, $10,700 ; for experts, clerks, and assistants, 
$15,000 ; for expenses of commissioners, $1,000 ; for incidentals and 
printing, $5,000. 

For the tax commission, $14,000 as follows : For salaries of com- 
missioners, $8,000; for clerical expense, $1,000; for expenses of 
commissioners, $1,000; for incidentals and printing, $3,000; for 
printing report, $500 ; for expense of gathering county and town 
financial statistics, $500. 

For the public printing, $3,100 as follows : For incidentals, and 
printing blanks, $100; for purchase of paper stock, $3,000. 

For department of indexing, for salaries, $1,200. 

For state house department, $19,200 as follows: For salaries 
and pay roll, $8,200; for fuel, $3,000; for light and power, $3,000; 
for water, $400; for miscellaneous repairs, furniture, and inciden- 
tals, $3,000; for telephone, switchboard, and operator, $1,600. 

For the legislature, for expenses, $140,000. 

For the supreme court, $29,730 as follows: For salaries of jus- 
tices, $25,000 ; for salary of clerk, $500 ; for salary of messenger, 
$200; for salary of state reporter, $1,800; for justices' expenses, 
$800 ; for transportation, $200 ; for examination of students, $450 ; 
for incidentals, $700 ; for transportation of state reporter, $80. 

For the superior court, $28,900 as follows: For salaries of jus- 



812 Chapter 231. [1917 

tices, $25,000; for justices' expenses, $3,000; for incidentals, $300; 
for transportation, $600. 

For the attorney-general's department, $13,900 as follows: For 
salary of attorney-general, $3,000 ; for salary of assistant attorney- 
general, $3,000; for clerical expenses, $3,000; for incidentals, 
$1,000; for copies of wills and records, $1,300; for supplies, $500; 
for priDting, $200 ; for traveling expenses, $1,200 ; for enforcement 
of liquor laws, $500 ; for printing report, $200. 

For probate court department, $9,900 for salaries of judges, as 
follows: For Rockingham county, $1,200; for Strafford county, 
$800 ; for Belknap county, $600 ; for Carroll county, $700 ; for Mer- 
rimack county, $1,200; for Hillsborough county, $2,000; for 
Cheshire county, $900 ; for Sullivan county, $600 ; for Grafton 
county, $1,000; for Coos county, $900. 

For salaries of registers of probate and deputies, $11,400 as 
follows: For Rockingham county, register, $1,200; for Rocking- 
ham county, deputy, $600; for Strafford county, register. $1,000; 
for Belknap county, register, $600 ; for Carroll county, register, 
$600 ; for Merrimack county, register, $1,200 ; for Merrimack 
county, deputy, $800 ; for Hillsborough county, register, $1,500 ; 
for Hillsborough county, deputy, $800; for Cheshire county, reg- 
ister, $600 ; for Sullivan county, register, $600 ; for Grafton county, 
register, $1 ,000 ; for Coos county, register, $900. 

For the public instruction department, $23,200 as follows: For 
salary of superintendent, $4,000; for salaries of deputies, $6,500; 
for traveling expenses of deputies, $1,400 ; for clerical expenses, 
$2,000; for truant officer, attendance, $1,000; for incidentals, 
$1,500; for printing blanks, $1,000; for printing report, $1,400; for 
child labor act, salaries, $2,400; for child labor act, travel and print- 
ing, $1,400; for courses of study, $600. 

For schools, for support and encouragement, $120,000. 

For mothers' aid act, $20,000. 

For Plymouth normal school, $32,000 as follows: For salaries, 
maintenance and operation, printing report, incidentals, and trus- 
tees' expenses, $32,000. 

For Keene normal school, $32,000 as follows : For salaries, main- 
tenance and operation, printing report, incidentals, and trustees' 
expenses, $32,000. 

For New Hampshire College of Agriculture and Mechanic Arts, 
$52,000 as follows: For free tuition to New Hampshire students, 
$3,000 ; for poultry breeding, $4,000 ; for maintenance, $45,000. 

For the deaf, dumb, and blind. $20,150 as follows: For support 
and education, $20,000; for Granite State Deaf Mute Mission. $150. 

For the state library, $18,030 as follows: For salaries. $6,030; 
for maintenance and operation, $5,600 ; for books, periodicals, and 
binding, $6,000; for expenses of trustees, $150; for bulletin, public 
libraries, $250. 



1917] Chapter 231. 813 

For the state board of charities and correction, $29,050 as fol- 
lows : For salary of secretary, $2,000 ; for clerical expenses, $1,400 ; 
for incidentals, $400; for traveling expenses, $700; for printing 
blanks, $100 ; for tubercular patients, $20,000 ; for printing report, 
$450 ; for child welfare work, $4,000. 

For the register of the blind, $8,700 as follows: For the register 
of the blind, $5,000; from the Nesmith fund, $3,700. 

For the lunacy commission, $1,150 as follows: For clerical ex- 
penses, $500; for incidentals, $200; for printing blanks, $100; for 
printing report, $350. 

For the state hospital, for maintenance, gross expenditures, 
$315,000. 

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

For the state prison, $51,910 as follows : For salary of warden, 
$2,500; for salary of chaplain, $1,000; for salary of physician, 
$500 ; for salary of parole officer, $200 ; for expenses of parole offi- 
cer, $200 ; for library, $200 ; for special repairs, $2,000 ; for running 
expenses, $45,000 ; for printing report, $110 ; for prison band, $200. 

For the soldiers' home, for maintenance, $17,000. 

For the school for feeble-minded children, $65,200 as follows: 
For maintenance, $65,000; for printing report, $200'. 

For the state sanatorium, $34,000 as follows : For salaries, $13,- 
500 ; for maintenance, $20,500. 

For the Prisoners' Aid Association, $200. 

For the bureau of labor, $13,300 as follows : For salary of com- 
missioner, $2,500; for salary of clerks, and assistants, $1,000; for 
expenses of arbitration, $1,500; for incidentals and traveling, 
$1,000; for printing blanks, $300; for printing report, $500; for 
factory inspection: for two inspectors, $4,000; for clerk, $1,000; 
for travel, $1,000; for printing, $500. 

For the department of agriculture, $20,100 as follows : For sal- 
ary of commissioner, $2,500 ; for salary of deputy, $1,500 ; for cler- 
ical expenses, $1,800; for advisory board, per diem, and expenses, 
$400; for incidentals, $300; for printing report, $800; for insti- 
tutes and public meetings, $2,000; for feeding stuffs inspection, 
$2,500; for fertilizer inspection, $2,500; for nursery inspection, 
$500 ; for seed inspection, $500 ; for resources of state publications, 
$2,300; for licensing milk dealers, $500; for Granite State. Dairy- 
men's Association, $1,000; for New Hampshire Horticultural So- 
ciety, $1,000. 

For the cattle commission, $18,500 as follows: For incidentals, 
$500; for animals destroyed, $8,000; for inspection, disinfection 
and appraisal, $3,500 ; for possible expenses of an epidemic, $6,500. 

For the state board of health, $16,050 as follows: For salary of 
secretary, $3,000 ; for salary of clerk, $700 ; for incidentals, $450 ; 



8U Chapter 231. [1917 

for printing blanks, $400 ; for printing report, $1,000 ; for epidemic 
fund, $2,500; for sanitary inspection, $5,000; for engineer, $500; 
for antitoxin, $2,500. 

For the laboratory of hygiene, $9,300 as follows : For salaries 
of two chemists, $3,400 ; for salaries of three bacteriologists, $3,200 ; 
for clerk and assistant, $800; for incidentals, $1,400; for printing 
blanks and bulletins, $500. 

For vital statistics, $3,000 as follows : For clerical expenses and 
incidentals, $1,800; for printing report, $1,200. 

For the pharmacy commission, $1,500 as follows: For compen- 
sation, $375 ; for incidentals and running expenses, $700 ; for 
printing blanks, $50 ; for printing report, $50 ; for enforcement of 
the law, $325. 

For registration of dentistry, $500. 

For the optometry board, $275 as follows: For compensation 
and expenses, $150 ; for printing, $100 ; for postage, $25. 

For medical referees, for printing, $50. 

For the adjutant-generaFs department, $70,325 as follows: For 
salary of adjutant-general, $2,500 ; for clerical expenses, $2,000 ; for 
incidentals, $900; for printing blanks, $500; for printing report, 
$300; for officers' uniforms, $2,500; for rifle ranges, $2,200; for 
state armories. Concord. Manchester and Nashua, $8,500; for na- 
tional guard (so much of this as may be necessary to pay expenses 
of the annual encampment, available June 1, of each year), $50,925. 

For military organizations. $300 as follows : For Amoskeag "\^et- 
erans, $100; for Manchester War Veterans, $100; for Lafayette 
Artillery Company, $100. 

For bounties on hedgehogs, $3,500. 

For bounties on bears and grasshoppers, $800. 

For lights and buoys, $2,015 as follows: For Winnipesaukee 
lake, $1,100; for Winnipesaukee lake, opposite Melvin village, $100; 
for Sunapee lake, $400; for Squam lake, $300; for Winnisquam 
lake, $65 ; for Endicott rock, $50. 

For firemen's relief fund, $4,000. 

For forest protection, $42,700 as follows: For salaiy of for- 
ester, $3,000; for field assistance, $2,000; for clerical expense, 
$2,000; for traveling expenses, $1,000; for incidentals and commis- 
sioners' expenses, $1,500; for printing blanks, $900; for district 
chiefs' salaries and expenses, $4,800; for lookout stations, establish- 
ment and maintenance of, $7,000; for forestry conferences, $800; 
for prevention of fires, $2,700 ; for nursery stock, $2,000 ; for care 
and acquisition of state lands, $5,000 ; for town forest fire expenses 
and equipment, $7,500; for reforesting of waste lands, $2,500. 

For moth suppression, $12,000. 

For the board of trustees of state institutions, $11,550 as follows: 
For per diem of trustees, $3,500 ; for clerical expenses, $3,000 ; for 
salary of purchasing agent, $3,(X)0; for expenses of trustees. $500; 



1917] Chapter 232. 815 

for expenses of purchasing agent, $250 ; for incidentals, $900 ; for 
stationery, printing and blanks, $400. 

For the highway department, $475,000 as follows: For perma- 
nent improvement, $125,000; for maintenance (automobile fees 
estimated, balance of previous year to be brought forward), 
$350,000. 

For interest charges and maturing bonds, $119,426.48 as fol- 
lows: For teachers' institute fund, $2,388.93; for Fiske legacy, 
$1,055.14; for Kimball legacy, $270.14; for agricultural college 
fund, $4,800; for Hamilton Smith fund, $400; for Benjamin 
Thompson fund, $31,887.27; for John Nesmith fund, $3,700; for 
temporary loans, $2,500; for hospital loan, issue 1905, $2,450; for 
hospital loan, issue 1907, $5,250; for hospital loan, issue 1909, 
$2,975; for sanatorium loan, $1,750; for hospital bonds, issue 1905, 
$10,000 ; for sanatorium bonds, $50,000. 

For the G. A. R. department, $2,150 as follows: For printing, 
$300; for burial of soldiers, $1,800; for incidentals, $50. 

For the New Hampshire Historical Society, $500. 

For Old Home Week observance, $300. 

Sect. 2. Part of any appropriation herein made for any depart- Appropriation for 
ment may be used for other work of said department and any open to what use. 
balance remaining from the appropriation for public instruction 
department for aid and encouragement of schools may be applied 
for maintenance of the normal schools, subject to the approval of 
the governor and council. 

Sect. 3. This act shall take effect August 31, 1917. aSV?i!*i917. 

[Approved April 19, 1917.] 



CHAPTER 232. 

JOINT resolution IN FAVOR OF THE WIDOWS OP PATRICK MCGREEVT OP 

MANCHESTER. 

Payment authorized. 

Resolved by the Senate and House of Representatives in General 
Court convened: 

That Mrs. Patrick McCreevy, widow of Patrick McGreevy, Payment 
member of the house, be allowed the sum of two hundred dollars '^^t^o"^®^- 
($200) ; that the governor be authorized to draw his warrant for 
the same out of any money in the treasury not otherwise appro- 
priated ; and that the same be paid at once. 

[Approved January 30, 1917.] 



816 



Chapters 233, 234. 
CHAPTER 238. 



[1917 



$300 appro- 
priated. 



JOINT RESOLUTION TO PROVIDE FOR EXPERT INSPECTION OP ACTS AND 
RESOLUTIONS PASSED BY THE LEGISLATURE. 

$300 appropriated. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That the governor be and herebj^ is authorized to contract with 
some suitable person to inspect all acts and resolutions passed by 
the legislature and presented to him for his signature, and that the 
governor is hereby authorized to draw his warrant for the required 
sum not exceeding three hundred dollars ($300) out of any money 
in the treasury not otherwise appropriated. 

[Approved February 7, 1917.] 



CHAPTER 234. 



Allowances to 
sundry persons. 



JOINT RESOLUTION IN FAVOR OF JOHN M. T. CITRRIER AND OTHERS. 
Allowances to sundry persons. 

Resolved by the Senate and House of Representatives in General 
Court convened: 

That John M. T. Currier, doorkeeper, be allowed the sum of six- 
teen dollars and forty cents; that M. J. Diamond, custodian, be 
allowed the sum of sixteen dollars and forty cents ; that Charles W. 
Townsend, warden, be allowed the sum of fourteen dollars; that 
Alphonse W. Vigneault. page, be allowed the sum of sixteen dol- 
lars; that Franklin J. Minah be allowed the sum of nine dollars 
and twenty cents ; that Frank M. Kenna, page, be allowed the sum 
of thirteen dollars and fifty cents; that George H. Magoon be al- 
lowed the sum of three dollars and fifty cents and that Eugene P. 
Cullerot, be allowed the sum of three dollars and fifty cents, in full 
for their services at the organization of the present senate and 
house, 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 1, 1917.] 



1917] Chapters 235, 236. 817 

CHAPTER 235. 

JOINT RESOLUTION IN FAVOR OF THE GRANITE STATE DEAF MUTE 

MISSION. 

$150 appropriated annually for 1917 and 1918. 

Resolved iy the Senate and House of Representatives in General 
Court convened: 

That the sum of one hundred and fifty dollars annually be appro- $150 appro- 
priated for the years 1917 and 1918, for the use of the Granite ?o'r^Si7^anr"^ 
State Deaf Mute Mission, and the governor is hereby authorized ^^^^• 
to draw his warrant therefor. 

[Approved March 1, 1917.] 



CHAPTER 236. 

joint RESOLUTION PROVIDING FOR THE PAYMENT OF THE EXPENSES OF 
A CONVENTION TO REVISE THE CONSTITUTION. 

$35,000 appropriated. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That a sum not exceeding thirty-five thousand dollars be and is $35,000 
hereby appropriated to pay the expenses of a convention to revise ^pp^^^"^^* 
the constitution; and the governor is authorized to draw his war- 
rant for so much of said sum as may be necessary for that purpose. 

[Approved March 1, 1917.] v 



818 



CH.VPTERS 237, 238. 
CHAPTER 237. 



[1917 



Allowances to 
sundry persons. 



JOINT RESOLUTION IN FAVOR OF BURT W. DEAN AND OTHERS. 
Allowances to sundry persons. 

Resolved hy the Senate and Hcnise of Representatives in General 
Court convened: 

That Burt W. Dean of Danbury be allowed the sum of fourteen 
dollars and fifty cents, Thomas R. Stewart of Manchester be allowed 
the sum of fifteen dollars, that Daniel Kidder of Rumney be allowed 
the sum of fifteen dollars, that Michael S. Donnelly be allowed the 
sum of fifteen dollars, that William F. Hoyt of Concord be allowed 
the sum of fifteen dollars, for necessary expenses incurred in main- 
taining their several rights to seats in this house. 

That Chester Abbott of Bath be allowed the sum of thirty dol- 
lars for necessary expenses incurred in maintaining his right to a 
seat in this house, and that Fred M. Pettengill be allowed the sum 
of thirty-six dollars for maintaining his right to a seat in the hon- 
orable senate, and the governor is hereby authorized to draw his 
warrant for the several sums above appropriated. 

[Approved March 27, 1917.] 



CHAPTER 238. 



JOINT RESOLUTION IN REGARD TO THE THREE HUNDREDTH ANNIVERSARY 
OF THE LANDING OF THE PILGRIMS AT PLYMOUTH ROCK. 

Preamble; committee of nine authorized; actual expenses only. 

Preamble. Whereas, the three hundredth anniversary of the landing of the 

Pilgrims at Plymouth Rock, in 1620, is now near at hand, and a 
proper and adequate celebration of that event, unsurpassed in 
importance in our American history, is eminently desirable, and 

Whereas, the New Hampshire board of trade, at its meeting in 
Exeter, in May, 1912, was the first organization to give formal pub- 
lic expression to the desirability of such observance, and 

Whereas, the legislature of Massachusetts has now under con- 
sideration sundry plans for the celebration of the event in question, 
along sentimental and patriotic as well as educational and indus- 
trial lines, some one of which, with or without change or modifica- 
tion, is likely to be adopted by said legislature before the close of 
the present session, and 



1917] Chapter 239. 819 

Whereas, New Hampshire, as well as every other New England 
state, is interested in the fitting and adequate observance of this 
great anniversary, and 

Whereas, another session of this general court "VNall not be held 
until January, 1919, and if New Hampshire is to perform a proper 
and worth}^ part in carrying out this celebration, it is manifestly 
necessary that some preliminary action be taken at this time, it is, 
therefore, hereby 

Resolved hy the Senate and House of Representatives in General 
Co^irt convened: 

That a committee of nine members be appointed by the governor, Committee of nine 
with advice and consent of the council, who shall take this matter Actual expenses 
into consideration, and, keeping in touch with the action of Massa-°°^^' 
chusetts, and other states in relation thereto, shall report at the 
opening of the next session of the general court such plan of co- 
operative action on the part of the state of New Hampshire, as the 
situation and circumstances then developed shall in their judgment 
warrant, it being expressly provided that said committee shall serve 
without compensation, except for actual necessary expenses. 

[Approved March 27, 1917.] 



CHAPTER 239. 

JOINT RESOLUTION RELATING TO THE STATE GUN HOUSE AT PORTS- 
MOUTH. 

Title of, to be investigated. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That, His Excellency the Governor and the Honorable Council Title of, to be 

. . iBvestigated. 

be authorized and requested to investigate the state s title to the 
state gun house, so called, with the land whereon it stands in the 
city of Portsmouth, and to sell and convey or otherwise dispose of 
the same, as they shall determine best for the state. And this reso- 
lution shall take effect upon its passage. 

[Approved April 3, 1917.] 



820 



Chapters 240, 241, 
CHAPTER 240. 



[1917 



$58,000 
appropriated. 



JOINT RESOLUTION APPROPRIATING MONET FOR ADDITIONAL ACCOMMO- 
DATIONS AT THE SCHOOL FOR FEEBLE-MINDED CHILDREN. 

$58,000 appropriated. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That to provide additional accommodations at the school for 
feeble-minded children, the sum of fifty-eight thousand dollars 
($58,000) be and hereby is appropriated for the purpose of erect- 
ing a dormitory for feeble-minded women of child bearing age. Of 
said sum there is appropriated the sum of twenty-nine thousand 
dollars ($29,000) for the year ending August 31, 1918, and a like 
sum for the year ending August 31, 1919 ; said sums to be expended 
under the direction of the board of trustees of state institutions, or 
whatever body may be charged with the supervision of the manage- 
ment of said institutions. The governor is hereby authorized to 
draw his warrant for the same out of any money in the treasury 
not otherwise appropriated and this resolution shall take effect 
August 31, 1917. 

[Approved April 3, 1917.] 



CHAPTER 241. 



$200,000 
appropriated 
annually for two 
years. 



JOINT RESOLUTION TO PROVIDE FOR THE COMPLETION OF THE TRUNK 
LINE ROADS; THE CONSTRUCTION OF CERTAIN CROSS-STATE ROADS 
HERETOFORE DESIGNATED, AND TO SECURE FEDERAL AID. 

$200,000 appropriated annually for two years. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That the sum of four hundred thousand dollars, viz. two hun- 
dred tbousand dollars for the year ending August 31, 1918, and a 
like sum for the year ending August 31, 1919, be and hereby is 
appropriated for the completion of tlie several trunk lines desig- 
nated and known as the East Side, West Side, Merrimack Valley, 
South Side, Rockingham and the Ossipee-Meredith roads, the con- 
struction of the cross-state roads designated by authority of chapter 



1917] Chapter 242. 821 

93, Laws of 1915, and to secure federal aid. The sum of eighty 
thousand dollars of the above sum is hereby made available, for use 
in construction of said roads, on May 1, 1917, provided said use is 
approved by the governor and council and said sum shall be de- 
ducted from the amount appropriated for either or both of said 
years ending August 31, 1918 and 1919. The governor is author- 
ized to draw his warrant for the same out of any money in the 
treasury not otherwise appropriated. 

[Approved April 3, 1917.] 



CHAPTER 242. 

JOINT RESOLUTION FOR THE REPAIR AND IMPROVEMENT OP TUMBLE- 
DOWN DICK ROAD IN THE TOWN OF BROOKFIELD. 

$100 appropriated annually for two years, provided the town duplicates it. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That the sum of one hundred dollars ($100) for each of the years $ioo appropri- 
1917 and 1918 be and hereby is appropriated, on condition that thetw^o year^^pM-"'' 
same amount shall be appropriated and added by the town of djfp^fcat^e^s 1°.^™ 
Brookfield, or by local parties acting jointly and severally, for the 
repair and improvement of the highway known as the Tumbledown 
Dick road. The said sums appropriated by the state and by the 
town and individuals shall be expended under the direction of the 
commissioner of highways, and the sums appropriated by the state 
shall be a charge upon the appropriation for the permanent im- 
provement of highways made by section 10, chapter 35, Laws of 
1905. 

[Approved April 4, 1917.] 



25 



822 



Chapters 243, 244. 
CHAPTER 243. 



[1917 



$50 appropriated 
annually for two 
years, provided 
the town 
duplicates it. 



JOINT RESOLUTION TO PROVIDE FOR THE REPAIR OF THE MOUNTAIN 
ROAD, SO CALLED, UP CROTCHED MOUNTAIN, IN FRANCESTOWN. 

$50 appropriated annually for two years, provided the town duplicates it. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That the sum of fifty dollars for each of the years 1917 and 1918 
be and hereby is appropriated, on condition that the same amount 
shall be appropriated and added by the town of Francestown, or 
by local parties acting jointly and severally, for the repair and 
improvement of the highway on Crotched Mountain in the town of 
Francestown. The said sums appropriated by the state and the 
town (or individuals) shall be expended under the direction of the 
commissioner of highways, and the sum appropriated by the state 
shall be a charge upon the appropriation for the improvement of 
highways made by section 10, chapter 35, Laws of 1905. 

[Approved April 4, 1917.] 



$42,000 
appropriated. 



CHAPTER 244. 

JOINT RESOLUTION APPROPRIATING MONEY FOR IMPROVEMENTS AT THE 
NEW HAMPSHIRE STATE SANATORIUM. 

$42,000 appropriated. 

Resolved hy the Senate and House of Representatives in General 
Co-urt convened: 

That the sum of forty-two hundred dollars be, and the same is 
hereby appropriated for repairs and improvements at the New 
Hampshire State Sanatorium, as follows: painting and repairs, 
two thousand dollars; gi-ading and drainage, two thousand dollars; 
telephone system, two hundred dollai-s ; and the governor is hereby 
authorized to draw his warrant for the same out of any money in 
the treasury not otherwise appropriated. 

[Approved April 10, 1917.] 



1917] Chapters 245, 246. 823 

CHAPTER 245. 

JOINT RESOLUTION IN FAVOR OF THE CONSTRUCTION OF A PERMANENT 
HIGHWAY LEADING PROM PONTOOK FALLS IN DUMMER, THROUGH 
WEST MILAN, TO STARK. 

$500 appropriated annually for two years, provided the towns duplicate it. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That the sum of five hundred dollars for the year 1917, and a $500 appropriated 
like amount for the year 1918, be and the same hereby is appro- ye^r^f "provided ° 
priated for the permanent construction of the highway leadingyjfp,*i^^^^^.^ 
from the state highway in Dummer at Pontook Falls, through West 
Milan in the town of Milan, and across the new iron bridge recently 
built in West Dummer to connect with the newly constructed per- 
manent highway in the town of Stark, providing that the towns 
through which said highway runs and individual citizens shall 
appropriate the sum of five hundred dollars for the year 1917 and 
a like amount for the year 1918, the same to be expended under 
the direction of the governor and council ; and the said sums appro- 
priated by the state are made a charge upon the maintenance funds, 
as provided by section 10, chapter 35, Laws of 1905. 

[Approved April 10, 1917.] 



CHAPTER 246. 

JOINT RESOLUTION APPOINTING A COMMISSION TO ACT WITH A SIMILAR 
COMMISSION FROM THE STATE OF MAINE TO RECOMMEND TO THE 
LEGISLATURE OF 1919 A DEFINITE PROPOSITION FOR AN INTERSTATE 
HIGHWAY OR FREE BRIDGE BETWEEN PORTSMOUTH, N. H., AND KIT- 
TERY, ME. 

Preamble; committee appointed; $2,500 appropriated for expenses. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

Whereas, there exists today no free public highway from the Preamble. 
state of Maine to the state of New Hampshire across or over the 
Piscataqua river to connect the state highways of these two states, 
and to serve the thousands of travelers both local and general, who 
are obliged to pass from one state into the other, and, 



824 Chapter 246. [1917 

Whereas, the only thoroughfare crossing said river is privately 
owned, it being an old, wooden and inadequate toll-bridge, in con- 
nection with a railroad bridge, at a point on said river obsolete 
according to modern conditions, and, 

Whereas, many hundreds of workmen employed at the Ports- 
mouth navy yard and thousands of farmers, and other citizens are 
unjustly subjected to the payment of toll twice or four times daily 
or else pay for a circuitous ride under conditions w^here they could 
readily walk if the proposed free bridge were built, and, 

Whereas, the boundary line between these two states runs ap- 
proximately with the center or thread of said river, so that the 
joint and concurrent action of said states becomes necessary in 
order to construct such a highway or bridge, and, 

Whereas, from Portsmouth, N. H., to Kittery, Me., is the nat- 
ural and practically only gateway not only between these two states 
but as far as tourists come and go in the entire nation, and the 
natural and rapid progress of these two states as summer resorts 
is being checked by the aforesaid bad traveling conditions, and the 
wide notoriety which these bad conditions have received and, 

Whereas, in order to provide a proper state road or bridge at 
this point requires not only the joint and concurrent action of both 
states, but may also involve the question of the use of such a pro- 
posed bridge by the electric roads, and steam roads and the use of 
the river for shipping, and other considerations; and a proper 
solution of all the problems involved to accomplish the most satis- 
factory result for the public, requires expert knowledge and inves- 
tigation as to the aforesaid, and as to the exact location, size, 
structure, construction of said proposed bridge and the best scheme 
for financing the proposition, and, 

Whereas, a member of the legislature of the state of Maine by 
agreement with the mover of this resolution will introduce a similar 
resolution in that legislature at this session in order to carry out 
the same purposes (said state of ^Maine having done the same in 
1915 without the concurrent action of this state), now, therefore. 
Committee Resolved, that a committee be and hereby is appointed consisting 

app?opHated^'fo?° of His Excelleucy, Honorable Henry W. Keyes of Haverhill, Hon- 
expenses. orable Jacob H. Gallinger of Concord and Honorable Calvin Page 

of Portsmouth, Avith the following powers and duties: in case the 
state of Maine shall authorize a commission with similar duties the 
aforesaid New Hampshire commission shall act with said Maine 
commission in a thorough study and investigation of all matters 
incident and necessary in their judgment for carrying out the 
purposes outlined and suggested in the pi-eamble of this resolution 
to the end that each commission may make to the legislature of its 
state in the year 1919 a joint definite recommendation in all its 
details, so that each state upon the approval of such recommenda- 
tions may at once proceed in conjunction with the other state to 



1917] Chapter 247. 825 

construct said proposed joint state highway or bridge. Said com- 
mittee shall serve without pay but shall be allowed in their discre- 
tion a sum not exceeding $2,500 to defray such disbursements and 
expenses in making surveys, for travel, clerk hire, etc., as they 
shall see fit to incur. Any vacancy occurring in said commission 
shall be filled by the appointment of the governor and council. 
The governor is hereby authorized to draw his warrant for said 
sum or any part thereof in his discretion out of any money in the 
treasury not otherwise appropriated. 

[Approved April 18, 1917.] 



CHAPTER 247. 

JOINT RESOLUTION APPROPRIATING MONEY FOR AGRICULTURAL FAIRS IN 

NEW HAMPSHIRE. 

$2,500 appropriated annually for two years. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That the sum of twenty-five (25) hundred dollars be and the^s.soo appro- 

■ -, 11 r» 1 • pnated annua 

same is hereby appropriated annually for the years nineteen hun- for two years, 
dred and seventeen and nineteen hundred and eighteen for agricul- 
tural exhibits made at fairs incorporated under the laws of the 
state of New Hampshire where total premiums paid for agricul- 
tural exhibits the preceding year were five hundred dollars or 
over. Said sums shall be expended by the commissioner of agri- 
culture under such rules and regulations as he may direct, and 
the governor is hereby authorized to draw his warrant for the same 
out of any money in the treasury not otherwise appropriated. 

[Approved April 18, 1917.] 



826 Chapters 248, 249. [1917 

CHAPTER 248. 

JOINT RESOLUTION RELATING TO AN APPROPRIATION FOR THE PURPOSE 
OP REPAIRING THE PISH HATCHERY IN COLEBROOK. 

$2,000 appropriated. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

$2,000 That the sum of two thousand dollars is hereby appropriated 

appropriated. from the fish and game fund for the purpose of repairing and 
building additions to the fish hatchery in Colebrook, the same or 
any part thereof to be expended under the direction of the fish and 
game commissioners, with the advice and consent of the governor 
and council. 

[Approved April 18, 1917.] 



CHAPTER 249. 

JOINT RESOLUTION FOR THE REPAIR OF THE CHERRY MOUNTAIN ROAD 
IN THE TOWN OF JEFFERSON. 

$250 appropriated annually for two years. 

Resolved hy the Senate ayid House of Representatives in General 
Court convened: 

$250 appropriated That the sum of two hundred and fifty dollars be and the same 
annually for two -^ j^gj-g^y appropriated for the repair of the Cherry Mountain road 
in the town of Jefferson for each of the years 1917 and 1918, pro- 
vided said town of Jefferson shall appropriate a like sura for each 
of said years, the said sums to be expended under the direction of 
the highway commissioner: The said appropriation by the state 
of two hundred and fifty dollars for each of said years shall be a 
charge upon the appropriation for the permanent improvement of 
highways made by section 10, chapter 35, Laws of 1905. 

[Approved April 18, 1917.] 



1917] Chapters 250, 251. 827 

CHAPTER 250. 

JOINT RESOLUTION TO PROVIDE FOR THE CONSTRUCTION, REPAIRS AND 
MAINTENANCE OF THE HIGHWAY BETWEEN THE FIRST AND SECOND 
CONNECTICUT LAKES IN PITTSBURG. 

$500 appropriated annually for two years, provided the town duplicates it. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That the sum of five hundred dollars for each of the years 1917 $5oo appropriated 
and 1918 be and the same is hereby appropriated for the repair years, provided 
and maintenance of the highway from the Farmsworth Place, S0cates°it.° "^' 
called, to the second Lake House in the town of Pittsburg, provided 
the said town of Pittsburg or individuals shall appropriate a like 
sum for each of said years, the said sums to be expended under the 
direction of the highway commissioner: The said appropriation 
by the state of five hundred dollars for each of said years shall be 
a charge upon the appropriation for the permanent improvement 
of highways made by section 10, chapter 35, Laws of 1905. 

[Approved April 18, 1917.] 



CHAPTER 251. 

JOINT RESOLUTION APPROPRIATING MONEY FOR IMPROVEMENT AND 
MAINTENANCE OF STATE HIGHWAY LEADING FROM LITTLE DIAMOND 
POND TO BIG DIAMOND POND. ' 

$100 appropriated annually for two years, provided the town duplicates it. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That the sura of one hundred dollars be and the same is hereby $ioo appropriated 

• ,jn,i ,. J. :\ • i. £ annually for two 

appropriated for the permanent improvement and maintenance oi years, provided 

the state highway leading from Little Diamond Pond to Big Dia- jj'^fpj^^g ^^ 

mond Pond, in the town of Stewartstown, for each of the years 

1917 and 1918, provided the town of Stewartstown or individuals 

shall appropriate a like sum for each of said years, the said sums 

to be expended under the direction of the highway commissioner: 

The said appropriation by the state of one hundred dollars for 

each of said years shall be a charge upon the appropriation for the 

permanent improvement of highways made by section 10, chapter 

35, Laws of 1905. 

[Approved April 18, 1917.] 



828 



Chapters 252, 253. 
CHAPTER 252. 



[1917 



JOINT RESOLUTION FOR THE IMPROVEMENT OP THE HIGHWAY KNOWN 
AS THE NARROWS IN THE TOWN OF BATH. 

$1,000 appropriated, provided the town duplicates it. 

Resolved ty the Senate and House of Representatives in General 
Court convened: 

$1,000 appro- That the sum of $1,000 is hereby appropriated for the improve- 

the^town^'^'"'"^^^ ment of the highway known as The Narrows, in the town of Bath, 
duplicates it. g^j^j highway being the main road from Woodsville to Monroe, pro- 
viding that the town of Bath shall appropriate a like amount, same 
to be expended under the direction of the highway commissioner 
and the said sum appropriated by the state shall be a charge upon 
the maintenance funds as provided by section 10, chapter 35, Laws 
of 1905. 

[Approved April 18, 1917.] 



CHAPTER 253. 



$42,882.62 
appropriated. 



JOINT RESOLUTION TO PROVIDE FOR THE PAYMENT OF ANY BALANCE 
THAT MAY BE DUE ON ACCOUNT OF LAND TAKEN BY THE STATE IN 
CRAWFORD NOTCH AND EXPENSES INCIDENT THERETO. 

$42,882.62 appropriated; exempt from the provisions of Laws of 1913, ch. 66. 

Resolved hi/ the Senate and House of Representatives in General 
Court convened: 

That the sum of forty-two thousand eight hundred eighty-two 
and sixty-two one hundredths (42,882.62) dollars, the same being 
the unexpended balance of money appropriated by chapter 264, 
Laws of 1913, to pay the award of the commissioners appointed to 
assess the damages to the owner or owners, for land in Crawford 
Notch taken by the state under the provisions of chapter 30, Laws 
of 1911, which said appropriation, under the provisions of chapter 
66 of the Laws of 1913, lapsed on May 21, 1916, be and is hereby 
appropriated, to pay to said owner or owners, such portion of said 
award, not already paid, as shall eventually be found to be due to 
them, upon the several appeals therefrom now pending or other- 
wise, together with such costs or interest, if any, as may be found 



1917] Chapters 254, 255. 829 

to be legally or justly due, and such expenses as may be necessary 
to properly protect the interest of the state. 

The provisions of chapter 66, Laws of 1913, shall not apply to Exempt from the 
this appropriation, but the same shall remain available until the Laws of i9i3, 
rights of all parties in the property involved have been finally*^''" ^^' 
adjusted. 

[Approved April 18, 1917.] 



CHAPTER 254. 

JOINT RESOLUTION RELATING TO PAY FOR PLANS FOR HOSPITAL BUILD- 
ING AT STATE PRISON. 

$800 appropriated. 

Resolved by the Senate and Hoi^se of Representatives in General 
Court convened: 

That the state treasurer be and hereby is authorized to pay to$8oo appro- 
George S. Forrest the sum of eight hundred dollars in full for 
services on plans, estimates and for consultations for a hospital 
building at the New Hampshire state prison. 

[Approved April 18, 1917.] 



CHAPTER 255. 

JOINT RESOLUTION FOR THE REPAIR OF THE SANDWICH NOTCH AND DALE 
ROAD IN THE TOViTN OF SANDWICH. 

$300 appropriated annually, provided the town duplicates it. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That the sum of three hundred dollars be and the same is hereby $3oo appropriated 
appropriated for the repair of the Sandwich Notch and Dale road vidld^the town 
in the town of Sandwich for each of the years 1917 and 1918, pro-*^^P"*=^*'' "■ 
vided said town of Sandwich shall appropriate the sum of three 



830 



Chapter 256. 



[1917 



hundred dollars for each of said years, the said sums to be ex- 
pended under the direction of the highway commissioner: The 
said sum of three hundred dollars shall be a charge upon the ap- 
propriation for the permanent improvement of highways made by 
section 10, chapter 35, Laws of 1905. 

[Approved April 18, 1917.] 



CHAPTER 256. 

JOINT RESOLUTION PROVIDING FOR THE INVESTIGATION OF THE POSSI- 
BILITIES FOR THE CONSERVATION AND BETTER UTILIZATION OP WATER 
POWER. 

Commissioner to investigate conservation and utilization of water powers, authorized. 
$3,000 appropriated to meet expenses. 

Resolved by the Senate and House of Representatives