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VH 
-923 


LAWS 


OF  THE 


STATE  OF  NEW  HAMPSHIRE 


PASSED  JANUARY  SESSION,  1923 


I.EGI8LATURE  CONVENED  JANUARY  3,  ADJOURNED  MAY  4 


Property  of 
THE  BUREAU  OF  GOVERN.MENT  RESEARCH 
University  of  New  Hampshire 
CONCORD, f^rffam,  New  ian 


1923 


University  of 
Tlew  Hampshire 

Library 


Property  of 
THE  BUREAU  OF  GOVERNMENT 
University  of  New  Hami.^i,.; 
Durham,  New  hampshire 


LAWS 


OF    THE 


STATE  OF  NEW  HAMPSHIRE 


PASSED  JANUARY  SESSION,  1923 


LEGISLATURE  CONVENED  JANUARY  3,  ADJOURNED  MAY  4 


CONCORD,  N.  H. 
1923 


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


STATE  OFFICERS. 


Governor Fred  H.  Brown. 

f   Oscar  P.  Cole, 
I    Stephen  A  Frost, 

Councilors    ]    Thomas  J.  Conway, 

I    Philip  H.  Faulkner, 
[    Arthur  P.  Morrill. 

Adjutant-General    Charles  W.  Howard. 

Agriculture,  Commissioner  of  Andrew  L.  Felker. 

f    James  0.  Lyford, 

Ba7ik  Commissioners,  Board  of ]    Frederic  S.  Nutting, 

[    Leon  0.  Gerry. 

Charities  and  Correction,  Secretary 

of  State  Board  of   William  J.  Ahern. 

Conciliation  and  Arbitration,  State       I    ^  .   'm  ' 

„        ,      ,  i    George  A.  Tenney, 

Board     of     ,      t\t-    ^        i    -ri     m  n 

[    Michael  F.  Connolly. 

f  Huntley  N.  Spaulding, 

I  Wilfrid  J.  Lessard, 

Education,  State  Board  of ^  Alice  S.  Harriman, 

I  Merrill  Mason, 

[  Orton  B.  Brown. 

Commissioner  of Ernest  W.  Butterfield. 

Fisli  and  Game  Commissioner Mott  L.  Bartlett. 

Forester,  State    John  H.  Foster. 

f    W.  Robinson  Brown, 

Forestry  Commission   ]    Joseph  B.  Murdock, 

[    John  M.  Corliss. 

Health,  Secretary  of  State  Board  of  .  .  .  Charles  Duncan. 

Highway  Commissioner Frederic  E.  Everett. 

Insurance  Commissioner  John  E.  Sullivan. 

Labor  Commissioner    John  S.  B,  Davie. 

Law  Enforcement,  State  Commissioner 
of    Ora  W.  Craig. 


State  Officers. 

Librarian,  State Arthur  H.  Chase. 

Motor  Vehicles,  Commissioner  of John  F.  Griffin. 

f   Wiliiam  TI.  Gunnison, 

Public  Service  Commission \    Thomas  W.  D.  Worthen, 

[    John  W.  Storrs. 

Purchasing  Agent    William  A.  Stone. 

Secretary  of  State   Enos  K.  Sawyer. 

Deputy    Timothy  C.  Cronin,  Jr. 

f    Edwin  C.  Bean, 

Tax  Commission,  State ]    John  T.  Amey, 

[    Fletcher  Hale. 

Treasurer,  State   George  E.  Farrand. 

Deputy    A.  Gaspard  Gelinas. 

Weights  and  Pleasures,  Commissioner 

of  Harold  A.  Webster. 


SUPREME  COURT. 

Chief  Justice Frank  N.  Parsons. 

f    John  E.  Young. 

.  ,     ,     ..  I    Robert  J.  Peaslee, 

Associate  Justices \    ^.^^.^^^^  ^    Plummer, 

[  Leslie  P.  Snow. 

Attorney -General    Irving  A.  Hinkley. 

Assistant Joseph  S.  Matthews. 

Law  Reporter Crawford  D.  Hening. 

Cleric  of  the  Supreme  Court Arthur  H.  Chase. 


SUPERIOR  COURT. 

Chief  Justice  John  Kivel. 

f    Oliver  W.  Branch, 

J    William  H.  Sawver, 
Associate  Justices i    j^^^^^  -^   ^^^^^^ 

I    Thomas  L.  Marble. 


The  Legislature  op  1923. 


THE   LEGISLATURE  OF   1923.  ' 


SENATE. 


President. — Wesley  Adams,  Londonderry,  r. 

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

Assistant   Clerk. — Benjamin   F.   Greer,   Jr.,  Goffstown,  r. 

Sergeant-at-Arms. — Frederick   W.    Moore,  Laconia,  r. 

Messenger. — Richard  W.  Walton,  Warner,  r. 

Doorkeeper. — Frank   M.   Ayer,  Alton,  r. 


SENATORS. 


Ovide  J.  Coulombe,  Berlin,  d. 
Leon  D.  Ripley,  Colebrook,  r. 
Dick  E.  Burns,  Haverhill,  r. 
Sewall  W.  Abbott,  Wolfeboro,  r. 
Ora  A.  Brown,  Ashland,  r. 
John  A.  Hammond,  Gilford,  r. 
John  A.  Jaquith,  Northfield,  r. 
Ralph  E.  Lufkin,  Unity,  r. 
Harry  L.  Holmes,  Henniker,  r. 
Herman  C.  Rice,  Keene,  r. 
Chester  L.  Lane,  Swanzey,  r. 
James  H.  Hunt,*  Nashua,  r. 


Daniel  J.  Hagerty,  Nashua,  d. 
Walter  H.  Tripp,  Epsom,  d. 
Benjamin  H.  Orr,  Concord,  r. 
Frederick  W.  Branch,  Manchester,  d. 
Clinton  S.  Osgood,  Manchester,  d. 
John  S.  Hurley,  Manchester,  r.  and  d. 
Omer  Janelle,  Manchester,  d. 
Edgar  J.  Ham,  Rochester,  d. 
Homer  Foster  Elder,  Dover,  r. 
Wesley  Adams,  Londonderry,  r. 
John  F.  Swasey,  Brentwood,  r. 
William  A.  Hodgdon,  Portsmouth,  r. 


HOUSE  OF  REPRESENTATIVES. 

Speaker. — William  J.  Ahern,  Concord,  d. 
Clerk. — Randolph  W.  Branch,  Manchester,  d. 
Assistant  Clerk. — Alvin  A.  Lucier,  Nashua,  d. 
Sergeant-at-Arms. — James  W.  Pridham,  Newcastle,  d. 
Chaplain. — Rev.  Herbert  R.  Whitelock,  Manchester. 
Doorkeeper. — John  H.  Emerson,  Colebrook,  d. 
Doorkeeper. — Richard  J.  Lee,  Concord,   d. 
Doorkeeper. — Patrick   H.   O'Neill,  Laconia,  d. 
Doorkeeper. — Arthur  G.  Dugas,  Manchester,  d. 


ROCKINGHAM  COUNTY. 


Atkinson,  Stephen  M.  Wheeler,  r. 
Auburn,  John  P,  Griffin,  r.  and  d. 
Bivntwood,  Ray  Pike,  r. 
Candia,  George  H.  McDuffee,  r, 
Chester,  Walter  P.  Tenney,  r. 
Danville,  Charles  H.  Johnson,  r. 
Deerfield,  Wilbur  H.  White,  r. 
Derry,  George  W.  Benson,*  d. 

Jesse  G.  MacMurphy,  d. 

Alexander  J.  Senecal,  d, 

John  A.  Taylor,  d. 


East  Kingston,  Charles  F.  Knights,  r. 
Epping,  Louis  P.  Ladd,  r.  and  d. 
Exeter,  Frank  A.  Batchelder,  r. 

Charles  Curtis  Field,  r. 

Harry  Merrill,  r. 

Howard  E.  Swain,  r. 
Greenland,  Eugene  S.  Daniell,  r. 
Hampstead,  Isaac  Randall,  r. 
Hampton,  Warren  H.  Hobbs,  r. 
Hampton  Falls,  Walter  B.  Farmer,  r. 
Kensington,  Horace  P.  Blodgett,  r. 


*Deceased. 


The  Legislature  op  1923. 


Rockingham    County. — Continued. 
Kingston,  Levi  S.  Bartlett,  r. 
Londonderry,  Edward  E.  Kent,  r. 
Netucastle,  Elmer  S.  Pridham,  d. 
Newfields,  Alfred  Connor,  r. 
Newmarket,  Philip  Labranche,  Jr.,  d. 
Adelard  Rousseau,  d. 
John  Wardman,  d. 
Newton,  Andrew  G.  Littlefield,  r.  and  d. 
North  Hampton,  Samuel  A.  Dow,  r. 
Northwood,  Joel  W.  Steward,  r. 
Plaistow,  Joseph  S.  Hills,  r. 
Portsmouth, 

Ward  1,  Gertrude  Caldwell,  d. 
Harry  L.  Dowdell,  d. 
Edward  B.  Weeks,  d. 


Ward  2,  Leon  E.  Scruton,  r. 
Harold  M.  Smith,  r. 
Stanley  P.  Trafton,  r. 
George  A.  Wood,  r. 
Ward  3,  William  Casey,  d. 
John  F.  Cronin,  d. 
Ward  U,  George  E.  Cox,  r. 
Ward  5,  Patrick  E.  Kane,  d. 
Raymond,  Emma  L.  Bartlett,  d. 
Rye,  Irving  W.  Rand,  r. 
Salem,  James  S.  Coles,  r.  and  d. 

Amos  J.  Cowan,  r. 
Sandown,  George  Bassett,  r. 
Seabrook,  Myron  B.  Felch,  r. 
Windham,  Charles  A.  Dow,  Jr.,  r. 


STRAFFORD   COUNTY. 


Barringto7i,  Irving  M.  Locke,  d. 
Dover, 

Ward  1,  Charles  A.  Cloutman,  r. 

Hubert  K.  Reynolds,  r. 
Ward  2,  Patrick  J.  Durkin,  d. 
William  F.  Howard,  d. 
Felix  E.  O'Neil,  Jr.,  d. 
Ward  3,  Frank  F.  Fernald,  r. 

Thomas  Webb,  r. 
Ward  U,  Ferdinand  Jenelle,  d. 
Stephen  W.  Roberts,  r. 
Charles  T.  Ryan,  d. 
Ward  5,  Edward   Durnin,   d. 
Durham,  Sherburne  H.  Fogg,  r.  and  d. 
Farmington,  Ulysses  S.  Knox,  r. 
Frank  J.  Smith,  r. 
Lee,  Fred  P.  Comings,  d. 
Middleton,  Samuel  Abbott  Lawrence,  d. 
Milton,  Frank  D.  Stevens,  r. 


Rochester, 

Ward  1,  Thomas  H.  Gotts,  d. 
Ward  2,  Claudis  E.  Edgerly,  d. 
Ward  3,  Harry  H.  Header,  r. 
Ward  h,  Adelard  Gaspard  Gelinas,  d. 

Edmond  J.  Marcoux,  d. 
Ward  5,  Louis  H.  McDuffee,  r. 
Ward  6,  Guy  E.  Chesley,  r. 

Charles  W.  Lowe,  r. 
Rollinsford,  Henry  B.  Davis,  d. 
Somerstvorth, 

Ward  1,  Honore  Girard,  d. 
Ward  2,  Louis  P.   Cote,  d. 
Ward  3,  Peter  M.  Gagne,  d. 
Ward  4,  Walter  L.  Hanagan,  d. 

Fred  A.  Houle,  d. 
Ward  5,  George  Heon,  d. 
Strafford,  Adrian  B.  Preston,  r. 


BELKNAP   COUNTY. 


Alton,  Harry  E.  Jones,  d. 
Barnstead,  Frank  J.  Holmes,  d. 
Belmont,  Albert  A.  Smith,  r. 
Center  Harbor,  Loui  L.  Sanborn,  r.  and 
Gilford,  Fred  R.  Weeks,  r. 
Gilmanton,  Ernest  H.  Goodwin,  d. 
Laconia, 

Ward  1,  Walter  E.  Dunlap,  d. 

Ward  2,  William  D.Kempton,r.  and  d 
Fortunat    E.    Normandin, 
r.  and  d. 

Ward  3,  Charles  M.  Avery,  r. 


Ward  U,  Theo.  S.  Jewett,  r. 
John  H.  Merrill,  r. 
Ward  5,  Truman  B.  French,  d. 
d.  John  H.  Laycock,  d. 

Ward  6,  Edwin  A.  Badger,  r. 
Laurence  B.  Holt,  r. 
Memdith,  Charles  N.  Roberts,  d. 
N^w  Hampton,  Adelbert  M.  Gordon,  r, 
.    SanborntoTi,  Robert  M.  Wright,  r. 
Tilton,  Everett  W.  Sanborn,  d. 
Osborn  J.  Smith,  d. 


The  Legislature  of  1923. 


CARROLL  COUNTY. 


Bartlett,  Lucius   Hamlin,  r. 
Brookfield,  Charles  Willey,  r.  and  d. 
Comuay,  Arthur  W.  Chandler,  d. 

William  A.  Currier,  r. 

Clarence  Ela,  r. 
Effingham,  Robert  M.  Fulton,  d. 
Freedom,  George  I.  Philbrick,  d. 
Madison,  John  F.  Chick,  r. 


Moultonborough,    George    A.    Blanchard, 

r.  and  d. 
Ossipee,  Harry  P.  Smart,  r. 
Sandwich,  Charles  B.  Hoyt,  r. 
Tamworth,  Arthur  S.  Fall,  d. 
Tuftonhoro,  Willie  W.  Thomas,  d. 
Wakefield,  Isaac  L.  Lord,  d. 
Wolfehoro,  Stephen  W.  Clow,  r. 
Frank  W.  Hale,  r. 


MERRIMACK  COUNTY. 


Allenstown,  George  H.  Desroche,  d. 
Andover,  Arthur  H.  Rollins,  d. 
Boscawen,  Cecil  P.  Grimes,  r. 
Bow,  George  Albee,  d. 
Bradford,  Joseph  W.  Sanborn,  d. 
Canterbury,  William  C.  Tallman,  d. 
Co7icord, 

Ward  1,  Fred  M.  Dodge,  d. 

John  H.  Rolfe,  d. 
Ward  2,  George  O.  Robinson,  d. 
Ward  3,  George  W.  Phillips,  d. 
Ward  U,  Harry  M.  Cheney,  r. 

William  P.  Danforth,  r. 
James  O.  Lyford,  r. 
Ward  5,  Earl  F.  Newton,  r. 

William  W.  Thayer,  r. 
Ward  6,  Harry  R.  Cressy,  r. 

Hamilton  A.  Kendall,  r. 
Nathaniel  E.  Martin,  d. 
Charles  G.  Roby,  r. 
Ward  7,  Burt  J.  Carleton,  d. 
Peter  J.  King,  r. 
John  G.  Winant,  r. 
Ward  8,  William  A.  Lee,  r.  and  d. 
Ward  9,  William  J.  Ahem,  d. 
James  J.  Gannon,  d. 


Danhury,  Noah  E.  Lund,  d. 

Epsom,  Blanchard  H.  Fowler,  r.  and  d. 

Franklin, 

Ward  1,  Her  rick  Aiken,  r. 

Ward  2,  Edmund  J.  Garneau,  d. 
Archie  Mahan,  d. 

Wa7'd  3,  Edward  J.  Judkins,  d. 
Joseph   Newton,  d. 
H\enniker,  Ralph  H.  Gilchrist,  r. 
Hill,  Joseph  B.  Murdock,  r.  and  d. 
Hooksett,  Edgar  Ray  Chaney,  d. 
Benjamin  J.  LaSalle,  d. 
Hopkinton,  Milton  J.  Walker,  d. 
Loudon,  Archie  L.  Hill,  r.  and  d. 
Newbury,  James  C.  Farmer,  r. 
New  London,  Joseph  Cutting,  r. 
Northfield,  Charles  S.  Carter,  r. 
P\embroke,  John  O.  Bellerose,  d. 

Llewellyn  S.  Martin,  d. 
Pitts  field,  Albert  E.  Cheney,  d. 
David  F.  Jackson,  d. 
Salisbury,  George  B.  Sanborn,  d. 
Sutton,  Harrington  C.  Wells,  r. 
Warmer,  Charles  P.  Johnson,  d. 
Webster,  Joseph  Wheelwright,  r. 
Wilmot,  Arthur  C.  Seavey,  d. 


HILLSBOROUGH  COUNTY. 


Amherst,  Robert  J.  Ford,  r. 
Antrim,  Wyman  K.  Flint,  r. 
Bedford,  Charles  H.  Clark,  r.  and  d. 
Bennington,  James  H.  Balch,  r. 
Brookline,  George  M.  Rockwood,  d. 
Franoestown,  Leon  E.  Hoyt,  d. 
Goffstown,  Charles  L.  Davis,  r. 

Asa  Spaulding,  d. 
Greenfield,  Frank  E.  Russell,  d. 


Greenville,  Louis  O.  Boisvert,  d. 
Hancock,  Ephriam  Weston,  r. 
Hillsborough,  Charles  F.  Butler,  r. 

John  S.  Childs,  r. 
Hollis,  Charles  E.  Hardy,  d. 
Hudson,  Karl  E.  Merrill,  r.  and  d. 
Edward  A.  Spaulding,  r. 
Lyndeborough,  Algernon  W.  Putnam,  r. 


8 


The  Legislature  op  1923. 


Hillsborough   County. — Continued. 
Manchester, 

Ward  1,  Harry  B.  Cilley,  r. 

John  P.  Cronan,  r. 

James  E.  Dodge,  r. 
Ward  2,  Oscar  F.  Bartlett,  r. 

Isaac  N.  Cox,  r. 

Arthur  W.  DeMoulpied,  r. 

Harry  T.  Lord,  r. 

Effie  E.  Yantis,  r. 
Ward  3,  Harold  E.  Hartford,  d. 

Charles  O.  Johnson,  d. 

Alfred  Moquin,  d. 

Denis  A.  Murphy,  d. 

Harry  E.  Nyberg,  d. 
Ward  U,  George  D.  Burns,  d. 

Charles  A.  Grant,  d. 

John   F.  Kelley,  d. 

Maurice  F.  Fitzgerald,  d. 
Ward  5,  Patrick  J.  Clancey,  d. 

Martin   Connor,  d. 

John  Coyne,  d. 

Patrick  J.  Creighton,  d. 

Denis  M.  Fleming,  d. 

John  F.  Kelley,  d. 

Joseph  P.  Kenney,  d. 

Frank  P.  Laughlin,  d. 

Michael  J.  McNulty,  d. 

Jeremiah  J.  Tobin,  d. 
Ward  6,  Leonard  E.  Barry,  d. 

Michael  T.  Burke,  d. 

Charles  S.  Currier,  d. 

Robert  J.  Murphy,  d. 

George  L.  Sibley,  d. 

Frederick  M.  Smith,  d. 
Ward  7,  Thomas  A.  Carr,  d. 

Francis  A.  Foye,  d. 

Emile  J.  Godbout,  d. 

Jeremiah  B.  Healy,  Jr.,  d. 

John  J.  Quinn,  d. 

Denis  Sullivan,  d. 
Ward  8,  Damis  Bouchard,  d. 

Joseph  Chevrette,  d. 

Michael  S.  Donnelly,  d. 

William  Leonard,  d. 

John    McLaughlin,   d. 

Charles  H.  Morin,  d. 
Ward  9,  John  W.  Conboy,  d. 

Valentine  McBride,  d. 

Joseph  E.  Riley,  Jr.,  d. 

Thomas  Rourke,  d. 
Ward  10,  Oscar  E.  Getz,  d. 
Sylvio  Leclerc,  d. 
Mortimer  B.  Ploss,  d. 


Ward  11,  Henry  R.  Blais,  d. 
Ora  W.  Craig,  d. 
George  W.   Gowitzke,  d. 
Alex  J.  McDonnell,  d. 
George  E.  Roukey,  d. 
Ward  12,  Louis  E.  Gauthier,  r.  and  d. 
Wilfred  A.  Lamy,  d. 
Alfred  F.  Maynard,  r.  and  d. 
Charles  A.  Pecor,  d. 
Edward  E.  Rajotte,  d. 
Arthur  H.  St.  Germain, 

r.    and    d. 
Ward  13,  Joseph  A.  Dionne,  d. 
Adolphe  Duval,  d. 
Horace  Gagnon,  d. 
Pierre  Gauthier,  d. 
Joseph  W.  Remillard,  d. 
Merrimack,  Arthur  G.  Gordon,  r. 
Milford,  Samuel  A.  Lovejoy,  r. 
Frank  W.  Ordway,  r. 
Charles  W.  Robinson,  r. 
Nashua, 

Ward  1,  Gerald  F.  Cobleigh,  r. 
Elbert  Wheeler,  r. 
Ovid  F.  Winslow,  r. 
Ward  2,  Ivory  C.  Eaton,  r. 

Thomas  E.  Pentland,  r. 
Ward  3,  Joseph  Bollard,  Jr.,  d. 
Thomas  E.  Dube,  d. 
William  B.  Trombly,  d. 
Ward  Jf,  John  L.  Spillane,  d. 
David  F.  Sullivan,  d. 
Ward  5,  Edward  Sullivan,  d. 
Ward  6,  Henry  M.  Burns,  d. 
Ward  7,  Raymond  S.  Cotton,  d. 
Robert  J.  Doyle,  d. 
John  J.  Lyons,  d. 
Ward  8,  William  H.  Barry,  r.  and  d. 
James  B.  Hallisey,  d. 
Charles  B.  Rigney,  d. 
Romuald  A.  Sylvestre,  d. 
Ward  9,  Arthur  Bilodeau,  d. 

Alfred  F,  Girouard,  r.  and  d. 
Arthur  Papachristos,  r.  and  d. 
Arthur  A.  Pelletier,  d. 
New  Boston,  Herbert  M.  Christie,  r. 
N\ew  Ipswich,  Robert  B.  Walker,  r.  and  d. 
Pelham,  Asa  A.  Carleton,  r. 
Peterborough,  Robert  P.  Bass,  r. 
Ezra  M.  Smith,  r. 
Temple,  Charles  W.  Tobey,  r. 
Weare,  Charles  F.  Eastman,  d. 
Wilton,  William  E.  Hickey,  d. 


The  Legislature  of  1923. 


CHESHIRE  COUNTY. 


Alstead,  Frank  Dewing,  r. 
Chesterfield,  Angelo  M.  Spring,  r. 
Dublin,  Archie  R.  Garfield,  r.  and  d. 
Fitzwilliam,  Julius  H.  Firmin,  r. 
Gilsum,  Charles  H.  Blake,  r.  and  d. 
Harrisville,  George  F.  Bemis,  d. 
Hinsdale,  Patrick  L.  O'Connor,  d. 
Jaffrey,     George  H.  Duncan,  d. 

Peter   E.   Hogan,  d. 
Keene, 

Ward  1,  William  J.  Callahan,  r. 

Harry  Delbert  Hopkins,  r. 
Ora  C.  Mason,  r. 
Ward  2,  Robert  C.  Jones,  r. 
Austin  H.  Reed,  r. 
Ward  3,  Leston  M.  Barrett,  r. 
Cameron  M.  Empey,  r. 


Ward  U,  Wilder  F.  Gates,  r. 

Ward  5,  Lewis  S.  King,  d. 
John  J.  Landers,  d. 
Marlborough,  John  D.  Tuttle,  d. 
Marlow,  Fred  G.  Huntley,  r. 
Rindge,  Oren  F.  Sawtell,  r.  and  d. 
Stoddard,  Edward  T.  Davis,  r.  and  d. 
Surry,  Samuel  Ball,  r. 
Siuanzey,  Milan  A.  Dickinson,  d. 
Troy,  Charles  L.  McGinness,  d. 
Walpole,  William  J.  King,  r. 
Arthur  E.  Wells,  d. 
Westmoreland,  Perry  W.  Burt,  r.  and  d. 
Winchester,  Franklin  P.  Kellom,  Sr.,  d. 
Edward  F.  Qualters,  r.  and  d. 


SULLIVAN    COUNTY. 


Acworth,  Almon   E.   Clark,  d. 
Charlestown,  Leon  H.  Barry,  d. 
Claremont,  Charles  W.  Barney,  r. 

Hartley  L.  Brooks,  r. 

Clarence  B.  Etsler,  r. 

Adelbert  M.  Nichols,  r. 

Alfred  T.  Pierce,  r. 

Ray  E.  Tenney,  r. 

Arthur  S.   Wolcott,  r. 

Edward  J.  Rossiter,  r. 
Cornish,  Frederick  J.  Franklyn,  r. 


Croydon,  Herbert  D.  Barton,  r. 
Grantham,  Dellivan  D.  Thornton,  r.  and  d. 
Lempster,  Thomas  F.  Bluitte,  r. 
Newport,  John  H.  Glynn,  r. 

George  E,  Lewis,  r. 

Ernest  A.  Robinson,  r. 
Plain  field,  Earle  W.  Colby,  d. 
Springfield,  William  P.  Gardner,  r. 
Sunapee,  Leo  L.  Osborne,  r.  and  d. 
Unity,  Willard  H.  Walker,  d. 
Washington,  Elgin  G.  Farnsworth,  ind. 


GRAFTON  COUNTY. 


Ashland,  Willis  F.  Hardy,  d. 
Bath,  Timothy  B.   Southard,  r. 
Benton,  Lebina  H.  Parker,  r. 
Bethlehem,  Henry  C.  Barrett,  r.  and  d. 
Bristol,  Charles  S.  Collins,  r.  and  d. 
Campion,  Willard  C.  Pulsifer,  r. 
Canaan,  Lynn  S.  Webster,  d. 
Dorchester,  Herbert  H.  Ashley,  r. 
Enfield,  Loring  C.  Hill,  d. 
Franconia,  William  D.  Rudd,  r, 
Grafton,  Herman  G.  Chellis,  d. 
Groton,  No  representative  elected. 
Hanover,  Don  S.  Bridgman,  r. 
Ransom  S.  Cross,  r. 
Haverhill,  Harold  K,  Davison,  r. 

Olin  A.  Lang,  d. 

Charles  P.  Page,  r. 


Holderness,  Joseph  W.  Pulsifer,  r. 
Landaff,  Raymond  B.  Stevens,  d. 
Lebanon,  Floyd  E.  Eastman,  d. 

Leon  M.  Howard,  d. 

Thomas  J.  McNamara,  d. 

Charles  B.  Ross,  r. 

Thomas  P.  Waterman,  r. 
Lincoln,  Alfred  Stanley,  r. 
Lisbon,  Earnest  H.  Hallett,  r. 
William  E.   Price,  r. 
Littleton,  George  Houle,  d. 

James  C.  MacLeod,  r, 
Ora  A,  Mooney,  d. 
Fred  0.  Nourse,  d. 
Lyman,  George  O.  Elms,  d. 
Lyme,  Sidney  A.  Converse,  r. 


10 


The  Legislature  of  1923. 


Grafton   County. — Continued. 
Monroe,  Oscar  A.  Frazer,  r.  and  d. 
Orford,  Willard  R.  Harris,  r. 
Piermont,  William  B.  Neal,*  r., 
Earl  V.  Howard,  r., 
seated  Mar.  20. 


Plymouth,  Ezra  C.  Chase,  r. 

Lyman  R.  Sherwood,  r. 
Rumney,  George  D.  Kidder,  d. 
Thornton,  George  W.  Fadden,  d. 
Warren,  Norris  H.  Cotton,  r. 
Woodstock,  Harry  D.  Sawyer,  r.  and  d. 


COOS  COUNTY. 


Berlin, 

Ward  1,  John  A.  Hayward,  d. 

John  E.  Keleher,  r.  and  d. 

Achille  H.  Larue,  r.  and  d. 

Elden  E.  Pierce,  r.  and  d. 
Ward  2,  Walter  L.  Griffin,  r.  and  d. 

Geo.  O.  LaRochelle,  r.  and  d. 

Hugh  Kelsea  Moore,  r.  and  d. 

Moses   E.  Young,  r.  and  d. 
Ward  3,  Joseph  G.  Blais,  r.  and  d. 

Homer  H.  Marks,  r.  and  d. 

John  J.  Smith,  r.  and  d. 
Ward  U,  George  V.  Hopkins,  r.  and  d. 

George  E.  Hutchins,  r.  and  d. 

John  A.  Labrie,  r.  and  d. 
Carroll,  Leon  G.  Hunt,  r. 
Colehrook,  George  B.   Frizzell,  d. 

Ellsworth  D.  Young,  d. 


Columbia,  Ernest  U.  Sims,  r. 
Errol,  Clinton  S.  Ferren,  ind. 
Gorham,  Bartholomew  F.  McHugh,  d. 

Alfred  O.  Mortenson,  d. 
Jefferson,  Frank  B.  Pottle,  d. 
Lancaster,  Bernard  Jacobs,  r. 

John  B.  Mclntire,  d. 
Milan,  John  B.  Nay,  r. 
Northumhniand,  William  F.  Rowden,  r. 

Harry  B.  Smith,  r. 
Pittsburg,  Willie  J.  Nutting,  d. 
Randolph,  Laban  M.  Watson,  r.  and  d. 
Shelburne,  No  representative  elected. 
Stewartstown,  George  L.  Wood,  r. 
Stratford,  Ralph  M.  Hutchins,  d. 
Whitefield,  Joseph  W.  Brown,  r. 
Elbridge  W.  Snow,  r. 


*Deceased. 


LAWS 


OP    THE 


STATE  OF  NEW  HAMPSHIRE 

PASSED  JANUARY  SESSION,  1923. 


CHAPTER  1. 


A.N  ACT  IN  AMENDMENT  OF  SECTION  13,  CHAPTER  123,  LAWS*  OF  1917, 
AS  AMENDED  BY  SECTION  1,  CHAPTER  115,  LAWS  OF  1921,  RELATING 
TO   THE  governor's   STAFF. 

Section  i    Sectiox 

1.      Qualifications:     officers     detailed.  !         2.     Takes    effect    on    passage. 

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

Section  1.  Amend  section  13.  chapter  123,  Laws  of  1917,  as  Qualifications: 
amended  by  section  1,  chapter  115,  Laws  of  1921,  by  striking  out''®''"'  '^^*^''"^- 
of  said  section  the  words  ' '  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  national  guard,  or  of  the  reserve  corps,  or  from  civil  life. 
Officers  detailed  from  the  national  guard  shall  not  be  exempt  from 
performing  the  duties  required  of  them  as  officers  of  the  national 
guard.  If  said  aides-de-camp  are  appointed  other  than  from  the 
national  guard  or  reserve  corps"  and  insert  in  place  thereof  the 
words  four  of  whom  may  be  detailed  from  the  national  guard  or 
appointed  from  those  who  served  in  the  United  States  army  in  the 
Spanish-American  war  or  the  world  war.  The  remaining  four 
may  be  appointed  from  officers  or  ex-officers  of  the  United  States 
army  or  of  the  national  guard  or  of  the  reserve  corps  or  from  civil 
life.  Officers  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. 
If  said  aides-de-camp  are  appointed  other  than  from  the  national 
guard,  so  that  the  said  section  shall  read  as  follows :       Sect.  1 3. 


12 


Chapter  2. 


[1923 


Takes  effect  on 
passage. 


The  staff  of  the  commander-in-chief  shall  consist  of  the  adjutant- 
general,  with  rank  of  brigadier-general,  who  shall  be  chief  of  staff, 
and  after  January  4,  1923,  eight  aides-de-camp,  four  of  Avhom  may 
be  detailed  from  the  national  guard  or  appointed  from  those  who 
served  in  the  United  States  army  in  the  Spanish-American  war  or 
the  world  war.  The  remaining  four  may  be  appointed  from  officers 
cr  ex-officers  of  the  United  States  army  or  of  the  national  guard 
or  of  the  reserve  corps  or  from  civil  life.  Officers  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.  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  ex- 
ceeding 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  appointed  as  provided  in  article  45  of 
the  constitution  and  his  tenure  of  office  shall  be  as  provided  for 
in  section  18  of  this  act  for  all  officers. 

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

[Approved  February  1,  1923.] 


CHAPTER  2. 

AN  ACT  TO  ESTABLISH  A  NEW  APPORTIONMENT  FOR  THE  ASSESSMENT  OF 

PUBLIC   TAXES. 


Section 

1.  New    apportionment    established. 

2.  To    continue    until    other    apportion- 

ment. 


Seotiox 

3.      Takes    effect   on   passag 


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


New   apportion- 
ment established. 


Section  1.  That  of  every  thousand  dollars  of  public  taxes  here- 
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,  $99.71. 

Atkinson,  seventy  cents $0.70 

Auburn,  one  dollar  and  thirty  cents 1.30 

Brentwood,  eighty  cents .80 


1923]  Chapter  2.  13 

Candia,  one  dollar  and  twenty  cents $1.20 

Chester,  one  dollar  and  twenty-four  cents 1.24 

Danville,  fifty-seven  cents .57 

Deerfield,  one  dollar  and  fifteen  cents 1.15 

Derry,  nine  dollars  and  thirty-one  cents 9.31 

East  Kingston,  fifty  cents .50 

Epping,  one  dollar  and  seventy-four  cent:^ 1.74 

Exeter,  eight  dollars  and  seventy-eight  cents 8.78 

Fremont,  ninety -nine  cents .99 

Greenland,  ninety-nine  cents .99 

Hampstead,  one  dollar  and  nineteen  cents 1.19 

Hampton,  six  dollars  and  twenty-four  cents 6.24 

Hampton  Falls,  ninety  cents .90 

Kensington,  forty-eight  cents .48 

Kingston,  one  dollar  and  seven  cents 1.07 

Londonderry,  two  dollars  and  thirteen  cents 2.13 

Newcastle,  ninety-eight  cents .98 

Newfields,  fifty-two  cents .52 

Newington,  one  dollar  and  twenty-six  cents 1.26 

Ne^^^narket,  five  dollars  and  ten  cents 5.10 

Newton,  ninety-eight  cents .98 

North  Hampton,  two  dollars  and  thirty-two  cents 2.32 

Northwood,  one  dollar  and  thirty-three  cents 1.33 

Nottingham,  one  dollar  and  five  cents 1.05 

Plaistow,  one  dollar  and  fifty-five  cents 1.55 

Portsmouth,  thirty  dollars  and  nine  cents 30.09 

Raymond,  one  dollar  and  ninety  cents 1.90 

Rye,  three  dollars  and  twenty -four  cents 3.24 

Salem,  three  dollars  and  eighty-seven  cents 3.87 

Sandown,  forty-six  cents .46 

Seabrook,  one  dollar  and  five  cents 1.05 

South  Hampton,  thirty-six  cents .36 

Stratham,  ninety -two  cents .92 

Windham,  one  dollar  and  forty-five  cents 1.45 

Strafford  County,  $81.17. 

Barrington,  one  dollar  and  twenty-nine  cents $1,29 

Dover,  twenty-eight  dollars  and  seventy-one  cents 28.71 

Durham,  one  dollar  and  seventy-nine  cents 1.79 

Farmington,  four  dollars  and  eleven  cents 4.11 

Lee,  eighty-eight  cents .88 

Madbury,  fifty-seven  cents .57 

Middleton,  twenty-seven  cents .27 

]\Iilton,  three  dollars  and  ninety-six  cents 3.96 

New  Durham,  seventy-seven  cents .77 


14                                                                    Chapter  2.  [1923 

Rochester,  nineteen  dollars  and  seven  cents $19.07 

RoUinsford,  four  dollars  and  nineteen  cents 4.19 

Somersworth,  fourteen  dollars  and  thirty-three  cents ....  14.33 

Strafford,  one  dollar  and  twenty-three  cents 1.23 

Belknap  County,  $48.86. 

Alton,  two  dollars  and  ninety  cents $2.90 

Barnstead,  one  dollar  and  sixty-four  cents 1.64 

Belmont,  one  dollar  and  eighty  cents 1.80 

Center  Harbor,  one  dollar  and  forty-six  cents 1.46 

Gilford,  one  dollar  and  seventy -nine  cents 1.79 

Gilmanton,  one  dollar  and  twenty-three  cents 1.23 

Laconia,  twenty-six  dollars  and  four  cents 26.04 

Meredith,  four  dollars  and  four  cents 4.04 

New  Hampton,  one  dollar  and  seven  cents 1.07 

Sanbornton,  one  dollar  and  sixty -two  cents 1.62 

Tilton,  five  dollars  and  twenty-seven  cents 5.27 

Carroll  County,  $29.69. 

Albany,  thirty  cents $0.30 

Bartlett,  one  dollar  and  twenty-six  cents 1.26 

Brookfield,  forty -five  cents .45 

Chatham,  forty-six  cents .46 

Conway,  five  dollars  and  three  cents 5.03 

Eaton,  forty-nine  cents .49 

Effingham,  eighty-one  cents .81 

Freedom,  seventy-one  cents .71 

Hart's  Location,  nineteen  cents .19 

Jackson,  one  dollar  and  five  cents 1.05 

Madison,  one  dollar  and  five  cents 1.05 

Moultonborough,  two  dollars  and  forty-nine  cents 2.49 

Ossipee,  one  dollar  and  eighty-three  cents 1.83 

Sandwich,  two  dollars  and  sixteen  cents 2.16 

Tamworth,  two  dollars  and  twenty-two  cents 2.22 

Tuftonboro,  one  dollar  and  thirty-six  cents 1.36 

Wakefield,  two  dollars  and  fifty-seven  cents 2.57 

Wolfeboro,  five  dollars  and  twenty-four  cents 5.24 

Hale's  Location,  two  cents .02 

Merrimack  County,  $117.23. 

Allenstown,  three  dollars  and  thirteen  cents $3.13 

Andover,  two  dollars  and  five  cents 2.05 

Boscawen,  two  dollars  and  eight  cents 2.08 


11)23]  Chapter  2.  15 

Bow,  one  dollar  and  ninety-seven  cents $1.97 

Bradford,  one  dollar  and  forty-nine  cents 1.49 

Canterbury,  one  dollar  and  fifty-one  cents 1,51 

Chichester,  one  dollar  and  twenty-four  cents 1.24 

Concord,  fifty-two  dollars  and  forty-three  cents 52.43 

Danbury,  ninety-two  cents .92 

Dunbarton,  ninety-one  cents .91 

Epsom,  one  dollar  and  sixty-six  cents 1.66 

Franklin,  fourteen  dollars  and  forty-seven  cents 14.47 

Henniker,  two  dollars  and  eighty -three  cents 2.83 

Hill,  one  dollar  and  eight  cents 1.08 

Hooksett,  two  dollars  and  seventy-eight  cents 2.78 

Hopkinton,  three  dollars  and  forty-five  cents 3.45 

Loudon,  one  dollar  and  sixty-three  cents 1.63 

Newbury,  one  dollar  and  ninety-one  cents 1.91 

New  London,  two  dollars  and  forty  cents 2.40 

Northfield,  two  dollars  and  ninety-six  cents 2.96 

Pembroke,  four  dollars  and  twenty-nine  cents 4.29 

Pittsfield,  three  dollars  and  eighty-nine  cents 3.89 

Salisbury,  seventy-eight  cents .78 

Sutton,  one  dollar  and  nineteen  cents 1.19 

Warner,  two  dollars  and  forty-seven  cents 2.47 

Webster,  one  dollar  and  five  cents 1.05 

Wilmot,  sixty-six  cents .66 

Hillsborough  County,  $322.45. 

Amherst,  one  dollar  and  ninety  cents $1.90 

Antrim,  two  dollars  and  twenty-three  cents 2.23 

Bedford,  two  dollars  and  seventeen  cents 2.17 

Bennington,  one  dollar  and  sixty-one  cents 1.61 

Brookline,  one  dollar  and  thirty-two  cents 1.32 

Deering,  fifty-nine  cents .59 

Francestown,  eighty-two  cents *       .82 

Goffstown,  five  dollars  and  eighty-one  cents 5.81 

Greenfield,  eighty-seven  cents .87 

Greenville,  two  dollars  and  ninety-four  cents 2.94 

Hancock,  one  dollar  and  twenty-two   cents 1.22 

Hillsborough,  three  dollars  and  eighty-eight  cents....  3.88 

HoUis,  one  dollar  and  fifty-seven  cents 1.57 

Hudson,  two  dollars  and  ninety-nine  cents 2.99 

Litchfield,  seventy-one  cents .71 

Lyndeborough,  ninety-five  cents .95 

Manchester,  one  hundred  ninety-six  dollars  and  eighty- 
five  cents 196.85 

Mason,  fifty-six  cents .56 


16                                                                   Chapter  2.       ,  [1923 

Merrimack,  two  dollars  and  seveuty-one  cents $2.71 

Milf ord,  seven  dollars  and  nineteen  cents 7.19 

Mont  Vernon,  ninety  cents .90 

Nashua,  sixty-five  dollars  and  eighty-six  cents 65.86 

New  Boston,  one  dollar  and  ninety-four  cents 1.94 

New  Ipswich,  one  dollar  and  ninety-seven  cents 1,<^7 

Pelham,  one  dollar  and  fifteen  cents 1.15 

Peterborough,  five  dollars  and  ninety -three  cents 5,93 

Sharon,  thirty-three  cents .33 

Temple,  forty-five  cents .45 

Weare,  two  dollars  and  twenty-one  cents 2,21 

Wilton,  two  dollars  and  seventy-three  cents 2.73 

Windsor,  nine  cents .09 

Cheshire  County,  $72.61. 

Alstead,  one  dollar  and  nineteen  cents $1.19 

Chesterfield,  one  dollar  and  eighty-six  cents 1:86 

Dublin,  three  dollars  and  eleven  cents ^11 

Fitzwilliam,  one  dollar  and  thirty-six  cents 1.36 

Gilsum,  fifty -five  cents .55 

Harrisville,  one  dollar  and  twenty-nine  cents 1.29 

Hinsdale,  five  dollars  and  forty-seven  cents 5.47 

Jaffrey,  six  dollars  and  thirty-three  cents 6.33 

Keene,  twenty-nine  dollars  and  sixty-one  cents 29.61 

Marlborough,  one  dollar  and  sixty-two  cents 1.62 

Marlow,  fifty-one  cents .51 

Nelson,  fifty  cents .50 

Richmond,  ninety-seven  cents .97 

Rindge,  one  dollar  and  eighty-three  cents 1.83 

Roxbury,  thirty  cents .30 

Stoddard,  sixty-three  cents .63 

Sullivan,  thirty-seven  cents .37 

Surry,  fifty-three  cents .53 

Swanzey,  two  dollars  and  seventy -five  cents 2.75 

Troy,  two  dollars  and  two  cents .  2.02 

Walpole,  four  dollars  and  sixty-seven  cents 4.67 

Westmoreland,  one  dollar 1.00 

Winchester,  four  dollars  and  fourteen  cents 4.14 

Sullivan  County,  $48.92. 

Acworth,  sixty-one  cents $0.61 

Charlestown,  two  dollars  and  seventy-six  cents 2.76 

Claremont,  twenty-six  dollars  and  seventy-five  cents 26.75 

Cornish,  one  dollar  and  sixty-nine  cents 1.69 


1923]  Chapter  2.  17 

Croydon,  eighty-four  cents $0.84 

Goshen,  thirty-six  cents .36 

Grantham,  sixty-seven  cents .67 

Langdon,  forty  cents .40 

Lempster,  fifty  cents .50 

Newport,  seven  dollars  and  eighty-nine  cents 7.89 

Plainfield,  one  dollar  and  forty-seven  cents 1.47 

Springfield,  eighty-five  cents .85 

Sunapee,  two  dollars  and  eighty  cents 2.80 

Unity,  sixty  cents .60 

Washington,  seventy-three  cents .73 

Grafton  County,  $89.68. 

Alexandria,  seventy-one  cents $0.71 

Ashland,  two  dollars  and  ninety-two  cents 2.92 

Bath,  one  dollar  and  forty-eight  cents 1.48 

Benton,  thirty-three  cents .33 

Bethlehem,  three  dollars  and  forty-three  cents 3.43 

Bridgewater,  sixty-three  cents .63 

Bristol,  three  dollars  and  fifteen  cents 3.15 

Campton,  two  dollars  and  nineteen  cents 2.19 

Canaan,  two  dollars  and  forty-five  cents 2.45 

Dorchester,  forty-eight  cents .48 

Easton,  thirty-eight  cents .38 

Ellsworth,  fifteen  cents .15 

Enfield,  three  dollars  and  twenty-two  cents 3.22 

Franconia,  one  dollar  and  fifty -five  cents 1.55 

Grafton,  one  dollar  and  nineteen  cents 1.19 

Groton,  sixty-two  cents ,  .62 

Hanover,  six  dollars  and  eleven  cents 6.11 

Haverhill,  five  dollars  and  eighty-eight  cents 5.88 

Hebron,  fifty-seven  cents .57 

Holderness,  two  dollars  and  eighteen  cents 2.18 

Landaff,  one  dollar  and  seven  cents 1.07 

Lebanon,  eleven  dollars  and  eighty-four  cents 11.84 

Lincoln,  five  dollars  and  thirty-four  cents 5.34 

Lisbon,  five  doUars  and  sixty-eight  cents 5.68 

Littleton,  eight  dollars  and  twenty-six  cents 8.26 

Livermore,  one  dollar  and  eighteen  cents 1.18 

Lyman,  fifty-eight  cents .58 

Lyme,  one  dollar  and  sixty-two  cents 1.62 

Monroe,   seventy  cents -70 

Orange,  thirty-one  cents .31 

Orf ord,  one  dollar  and  forty-five  cents 1 .45 

Piermont,  one  dollar  and  twenty  cents 1.20 

3 


18 


Chapter  2. 


[1923 


Plymouth,  four  dollars  and  eighty-one  cents $4.81 

Rumney,  one  dollar  and  twenty-eight  cents 1.28 

Thornton,  fifty-nine  cents .59 

Warren,  one  dollar  and  seven  cents 1.07 

Waterville,  one  dollar  and  twenty-eight  cents 1.28 

Wentworth,  seventy-six  cents .76 

Woodstock,  ninety-nine  cents .99 

Coos  County,  $81.25. 

Berlin,  thirty-one  dollars  and  eighty-four  cents $31.84 

Carroll,   two  dollars  and  sixty-seven   cents 2.67 

Clarksville,  ninety-five  cents .95 

Colebrook,  three  dollars  and  sixty  cents 3.60 

Columbia,  one  dollar  and  twenty-one  cents 1.21 

Dalton,  sixty-three  cents .63 

Dummer,  eighty-four  cents .84 

Errol,  one  dollar  and  eighteen  cents 1.18 

Gorham,   eight   dollars   and   sixty   cents 8.60 

Jefferson,  one  dollar  and  eighty-four  cents 1.84 

Lancaster,  seven  dollars  and  twenty-three  cents 7.23 

Milan,  one  dollar  and  ninety-four  cents 1.94 

Northumberland,  four  dollars  and  thirty-five  cents 4.35 

Pittsburg,  three  dollars  and  eighty  cents 3.80 

Randolph,  fifty-three  cents .53 

Shelburne,  ninety  cents .90 

Stark,   eighty-nine   cents .89 

Stewartstown,  one  dollar  and  forty-seven  cents 1.47 

Stratford,  three  dollars  and  thirty  cents 3.30 

Wentworth 's  Location,  fifty-four  cents .54 

Whitefie*ld,  two  dollars  and  ninety-four  cents 2.94 

Unincorporated  places  in  Coos  County,  $8.48. 

Cambridge,  one  dollar  and  sixty-seven  cents $1.67 

Crawford's  Purchase,  ten  cents .10 

Cutt's  Grant,  nine  cents .09 

Dixville,  one  dollar  and  seventy-one  cents 1.71 

Dix's  Grant,  sixty  cents .60 

Erving's  Grant,  five  cents .05 

Gilmanton  and  Atkinson  Academy  Grant,  fifty-two  cents  .52 

Green's  Grant,  six  cents .06 

Millsfield,  seventy -five  cents .75 

Odell,  seventy-five  cents .75 

Sargent's  Purchase,  thirteen  cents .13 

Second  College  Grant,  one  dollar  and  nineteen  cents.  ...  1.19 

Success,  eighty-six  cents .86 


1923]  Chapter  3.  •         19 

Sect.  2.     The  same  shall  be  the  proportion  of  assessment  of  all  To  continue  un- 
public  taxes  until  a  new  apportionment  shall  be  made  and  estab- tionment. 
lished,  and  the  treasurer  for  the  time  being  shall  issue  his  warrant 
accordingly. 

Sect.  3.'    This  act  shall  take  effect  upon  its  passage.  pas^say*^'"'  "" 

[Approved  February  22,  1923.] 


CHAPTER  3. 


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,  SECTION  1,  CHAPTER  171,  LAWS  OF  1915, 
AND  SECTION  1,  CHAPTER  49,  LAWS  OF  1917,  RELATING  TO  HIGH- 
WAY AGENTS. 


Section 

1.      Highway      agents:      number      to      lie 
elected. 


Section 

2.      Repealing    clause;     takes     effect    on 
passage. 


Be   it  enacted   by   the   Henate   and  House   of  Representatives   in 
General  Court  convoied : 

Section  1.     Section  3,  chapter  29,  Laws  of  1893,  as  amended  by  Highway  agents: 

rtnn  •  -1  <     X  i?  number    to    be 

section  1,  chapter  6/,  Laws  of  1897,  section  1,  chapter  14,  Laws  of  elected. 
1913,  section  1,  chapter  171,  Laws  of  1915,  and  section  1,  chapter  49, 
Laws  of  1917,  is  hereby  amended  by  striking  out  the  words  "not 
exceeding  three"  in  line  two  of  said  amended  section  3,  so  that  said 
section,  as  amended,  shall  read  as  follows :  Sect.  3.  At  the  annual 
election,  each  town  shall  elect  by  ballot  one  or  more,  highway 
agents,  Avho,  under  the  direction  of  the  selectmen,  shall  have  charge 
of  the  construction  and  repair  of  all  highways  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  selectmen, 
shall  have  the  same  power  and  perform  the  same  duties  as  a  high- 
way agent  if  elected  by  said  town.  Said  agents  shall  be  sworn  to 
the  faithful  discharge  of  their  dutv,  give  bonds  to  the  satisfaction 


20 


Chapter  4. 


[1923 


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  ex- 
penditures and  receive  no  money  from  the  treasurer  only  on  the 
order  of  the  selectmen. 
Repealing  clause;      Sect,  2.     All  acts  Or  parts  of  acts  inconsistent  with  this  act  are 

takes    effect    on  it-,-,-  »*..iiv> 

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

[Approved  February  22,  1923.1 


CHAPTER  4. 


AN  ACT  IN  AMENDMENT  OF  SECTION  5  OP  CHAPTER  46  OF  THE  LAWS  OP 
1897  RELATING  TO  THE  LICENSE  PEE  OP  ITINERANT  VENDORS. 


Section 

1.      License    fee,    how    determined. 


Section 

2.     Takes    effect   on   passage. 


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


License  fee, 
determined. 


how  Section  1.  Amend  section  5  of  chapter  46  of  the  Laws  of  1897 
by  substituting  for  the  figure  "2"  the  figure  3,  so  that  said  section 
as  amended  shall  read  as  follows :  Sect.  5.  The  tax  collector 
for  any  town,  upon  receiving  an  application  as  provided  in 
the  preceding  section,  shall  forthwith  give  notice  thereof  to  the 
assessors.  The  assessors,  or  a  majority  of  them,  shall,  as  soon  as 
practicable,  examine  the  goods  described  in  such  application  and 
shall  compute  and  certify  to  the  collector  the  amount  of  the  appli- 
cant's local  license  fee  for  such  intended  sale,  which  shall  be  3  per 
cent,  of  the  value  of  said  goods.  The  payment  of  such  local  license 
fee  shall  authorize  such  applicant  to  sell  within  the  limits  of  said 
town  goods  only  of  the  kind  or  line  specified  in  his  application,  and 
for  that  purpose  to  carry  in  stock  such  goods  not  to  exceed  in 
amount  at  any  one  time  the  value  on  which  the  local  license  fee 
was  computed;  and  such  license  shall  terminate  and  expire  on 
the  first  day  of  April  next  following  the  date  of  application.  Any 
itinerant  vendor  who,  after  applying  or  paying  for  a  local  license, 
shall  increase  his  stock  kept,  offered,  or  exposed  for  sale  in  the 
town  for  which  such  local  license  fee  was  paid,  above  the  valua- 
tion upon  which  the  license  was  computed,  shall  make  application 
for  a  supplementary  license  for  such  excess  of  stock  in  like  man- 


1923] 


Chapter  5. 


21 


ner  as  for  his  original  license,  and  the  fees  therefor  shall  be  com- 
puted, certified,  and  collected  in  like  manner. 

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

[Approved  February  22,  1923.] 


Takes      effect 
passage. 


CHAPTER  5. 


AN  ACT  AMENDING  SECTION   2  OP  CHAPTER  189  OP  THE  LAWS  OP  1917 
RELATING  TO  TAXATION  OP  DEPOSITS  IN  BANKS  IN  OTHER  STATES. 


Section 

1.  Deposits  in  savings  departments  of 
trust  companies  in  other  states, 
when  exempted  from  taxation  in 
this   state. 


Skction 

2.     Takes  effect  on  passage. 


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


Section  1.     Amend  section  2  of  chapter  189  of  the  Laws  of  1917  Deposits  in  sav- 
by  striking  out  the  whole  of  said  section  and  substituting  therefor  o^f^tru^st'^c^"'" 
the  following :     Sect.  2.  If  any  state  exempts  deposits  in  savings  ^tatTs!  when 'e'^x- 
banks  or  in  savings  departments  of  trust  companies  in  this  state,  ^Pf*?^  ^^^y^  l^^^^ 
including  interest  thereon,  to  owners  residing  in  that  state,  the 
provisions  of  this  act  shall  not  apply  to  deposits  in  savings  banks 
and  savings  departments  of  trust  companies  and  interest  thereon 
in  that  state. 


Sect.  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  February  27,  1923.] 


Takes   effect  on 
passage. 


22 


Chai'Ter  6. 
CHAPTER  6. 


1928 


Public  utility  nia.\ 
be    licensed    to 
construct   pipe 
line,    conduit,   line 
of  poles,    and 
towers  for  wires 
across   public 
lands. 


Takes   effect 
jjassage. 


AN  ACT  TO  AUTHORIZE  LICENSING  PUBLIC  UTILITIES  TO  EXERCISE  RIGHTS 

ON  PUBLIC  LANDS. 

SUCTION'  SKCTIOX 

1.      Public     utility     may     be    licensed     to  2.      Takes    effect    on    passage, 

construct  pipe  line,  conduit,  line 
of  poles,  and  towers  for  wires 
across    public    lands. 

Be   it   enacted   l)y   the   Seriate   and   House   of  Representatives  in 
General  Court  convened: 

Section  1.  The  governor  and  council  are  hereby  authorized  to 
grant  and  from  time  to  time  to  renew  to  any  public  utility,  subject 
to  supervision  under  chapter  164  of  the  Laws  of  1911  as  amended, 
license  to  construct  a  pipe  line  or  conduit  or  a  line  of  poles  and 
towers  and  wires  and  fixtures  thereon  over  and  across  any  of  the 
lands  owned  by  this  state  for  such  term  not  exceeding  twenty  years 
and  for  such  consideration  as  they  may  determine.  Any  such 
license  for  a  definite  term  shall  be  evidenced  by  deed  executed  in 
the  name  of  the  state  by  the  governor  and  attested  by  the  secretary 
of  state  and  recorded  in  the  county  where  the  property  is  situate. 
Any  consideration  payable  under  the  terms  of  any  such  license  shall 
be  paid  to  the  state  treasurer  as  a  part  of  the  general  funds  of  the 
state.  It  shall  be  the  duty  of  the  public  service  commission,  upon 
request  of  the  governor  and  council,  to  advise  them  in  writing  as 
to  the  advisability  of  granting  any  such  license  and  as  to  the  terms 
and  conditions  thereof  necessary  for  the  protection  of  the  interests 
of  the  state. 

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


[Approved  February  27,  1923.] 


1923]  Chapter  7.  23 

CHAPTER  7. 

AN    ACT    TO    AUTHORIZE    THE    DISCONTINUANCE    OF    STATE    HIGHWAYS. 


Section' 

1.  State   highway   may   be   discontinued 

by    governor    and    council. 

2.  Hearing   and    notice. 

3.  Record    of    order    of    discontinuance. 


Section 

4.  Assessment  of  damages. 

5.  Takes    effect    on    passage. 


Be   it   enacted   bif   ike   Senate   and  House   of   Representatives   in 
General  Court  convened: 

Section  1.     The  governor  and  council,  after  notice  and  hearing  state  highway 
as  herein  provided,  are  hereby  authorized  to  discontinue  any  state  ^g"/  X^.  '^go'^'^ernoV 
highway  or  any  portion  thereof  which   in  their  judgment  is  no**"*^  council. 
longer  required  for  public  use  and  benefit. 

Sect.  2.  No  state  highway  or  any  portion  thereof  shall  be  dis-  Hearing  and  ' 
continued  until  after  hearing  by  the  governor  and  council  at  a  "''^"■*'' 
time  and  place  stated  in  notice  thereof  to  be  published  in  one  or 
more  newspapers  printed  in  the  county  in  which  such  highway  is 
located  at  least  three  times,  the  last  publication  to  be  not  less 
than  fourteen  days  prior  to  the  date  of  hearing.  All  persons  in- 
terested shall  be  entitled  to  be  heard. 

Sect.  3.     The  order  of  the  governor  and  council  discontinuing  Record  of  order 
any  such  highway  or  portion  thereof  shall  be  duly  recorded  in  the  °^  discontinuance. 
office  of  the  secretary  of  state. 

Sect.  4.     If  any  person  shall  sustain  damage  by  the  diseon-  Assessment  of 
tinuance  of  any  such  highway  or  portion  thereof  he  may  petition   *'"'^s''''- 
to  the  superior  court  for  assessment  of  his  damages ;  and  like  pro- 
ceedings shall  be  had  thereon  as  in  the  case  of  assessing  damages 
for  laying  out  a  highway. 

Sect.  5.     This  act  shall  take  effect  on  its  passage.  IS^^gf^"^  "" 

[Approved  February  27,  1923.] 


24  CHAi-rER  8.  [1923 

CHAPTER  8. 

AN  ACT  IN  AMENDMENT  OF  SECTION   1  OF  THE  BUSINESS  CORPORATION 

LAW. 


Skotion 

1.  Definition  of  term  "business  corpora- 

tion" as  used  in  this  act. 

2.  This  amendment  to  be  retroactive. 


SECTION 

3.     Takes  effect  on   passage. 


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

Definition  of  term       SECTION  1.     Section  1  of  the  Business  Corporation  Law,  being 

business  corpora-  _  <.1/^-•  -,  ni 

tion"  as  used  in  chapter  92  01  the  Laws  of  1919  as  amended  by  chapter  97  of  the 
Laws  of  1921,  is  hereby  amended  by  inserting  at  the  end  of  the 
second  sentence  in  said  section  the  following  words:  but  such 
term  shall  not  include  corporations  now  or  hereafter  established 
for  any  purpose  specified  in  the  exception  contained  in  section  2 
of  this  act,  so  that  said  section  as  amended  shall  read  as  follows: 
Section  1.  This  act  may  be  cited  as  the  Business  Corporation 
Law.  The  term  "business  corporation"  as  used  in  this  act  shall 
mean  any  corporation  having  a  capital  stock  and  established  for 
tlie  purpose  of  carrying  on  business  for  profit ;  but  such  term 
shall  not  include  corporations  now  or  hereafter  established  for 
any  purpose  specified  in  the  exception  contained  in  section  2  of 
this  act.  The  words  "such  corporation"  in  this  act  shall  mean  a 
business  corporation  organized  under  this  act  or  which  may  be- 
come subject  to  its  provisions  in  the  manner  hereinafter  provided. 
Voluntary  business  corporations  shall  hereafter  be  organized  only 
in  accordance  with  the  provisions  of  this  act.  The  term  "organi- 
zation meeting"  shall  mean  the  first  meeting  of  the  incorporators 
and  any  adjournments  thereof. 

This  ameiKiment        Sect.  2.     Said  scctiou  1  of  the  Busiucss  Corporation  Law  shall 

to  be  retroactive.  ...  •  n     -, 

be  construed  m  all  cases  as  if  the  amendment  thereto  made  by  the 
preceding  section  of  this  act  had  been  incorporated  therein  when 
said  section  1  was  originally  enacted. 
passage.  ^'~  ""  Sect.  3.     This  act  shall  take  effect  upon  its  passage. 

[Approved  March  7,  1923.] 


1923]  Chapter  9.  •  25 

CHAPTER  9. 

AN  ACT  IN  AMENDMENT  OF  SECTION  40  OF  THE  BUSINESS  CORPORATION 

LAW. 

Section  !  Skction 

1.     Business     corporations     may     bring  2.     Takes   effect   on   passage, 

themselves    by    vote    under   provi- 
sions  of  this   act ;   procedure   and     j 
certificate;      fee;      prior     liability 
unaffected     hereby ;     penalty     for     | 
false  statement  in   certificate. 

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

Section  1.     Section  40  of  the  Business  Corporation  Law,  being  Business  corpora- 

-1     T    1  1  r\n      n  tions  may  bring 

chapter  92  of  the  Laws  of  1919  as  amended  by  chapter  97  oi  the  themselves  by  vote 

^  „  ^  ^^_      .      ,  ,  -,     -,    ^  ,     •!  •  ,         •  1  J  •  1  under  provisions 

Laws  of  1921,  is  hereby  amended  by  striking  out  said  section  and  of  this  act;  pro- 
inserting  in  place  thereof  the  following:     Sect.  40.     Every  corpo-icate^  f°e;  "^prior 
ration  chartered  by  the  legislature  or  organized  under  the  laws  Jj^^eby^  penfft? ^"^ 
of  this  state,  whose  objects  of  incorporation  are  such  as  may  be  ^j^g^t^'fu  Sifi- 
exercised  by  a  business  corporation  under  the  provisions  of  this  cate. 
act,  may  avail  itself  of  the  provisions  of  this  act  and  may  bring 
itself  and  its  stockholders,  directors  and  officers  under  its  provisions 
so  far  as  applicable,  by  vote  of  holders  of  two-thirds  of  its  stock 
present  or  represented  by  proxy,  and  voting  at  a  meeting  duly 
called  for  the  purpose,  adopting  the  provisions  of  this  act,  and  by 
complying  with  the  other  provisions  of  this  section.     The  corpo- 
ration shall  cause  a  copy  of  the  vote  adopting  the  provisions  of 
this  act,  attested  by  its  clerk,  to  be  recorded  in  the  office  of  the 
secretary  of  state,  together  with  a  certificate  signed  and  sworn  to 
by  its  president  and  treasurer,  and  at  least  a  majority  of  its  direc- 
tors, setting  forth  (a)  the  total  amount  of  its  capital  stock  author- 
ized; (b)  the  amount  of  its  stock  issued  and  outstanding;  (c)  the 
net  value  of  its  property,  rights  and  franchises  in  excess  of  its 
indebtedness;  and  (d)  a  balance  sheet  showing  its  assets  and  lia- 
bilities at  the  close  of  its  last  fiscal  year.     Said  corporation  shall 
also  record  with  the  secretary  of  state  a  supplementary  statement 
of  any  other  material  facts  which  may  be  required  by  the  attorney- 
general  or  the  assistant  attorney-general.     It  shall  be  the  duty  of 
the   attorney-general   or   assistant   attorney-general   within   thirty 
days  after  the  filing  of  such  certificate  or  supplementary  state- 
ment, to  examine  the  charter  or  articles  of  association  of  the  corpo- 
ration, the  copy  of  the  vote  adopting  the  provisions  of  this  act, 
and  the  certificate  and  supplementary  statement  provided  for  by 
this  section,  and  if  the  facts  therein  stated  show  that  the  net  value 
of  the  property,  rights  and  franchises  of  said  corporation  in  excess 


26  •  Chapter  10.  [1923 

of  its  indebtedness  at  least  equals  the  par  value  of  its  outstanding 
stock,  and  that  the  objects  of  the  corporation  are  such  as  may  be 
exercised  by  a  business  corporation  under  the  provisions  of  this 
act,  he  shall  record  his  certificate  thereof  with  the  secretary  of 
state.  The  corporation  shall  thereupon  pay  to  the  secretary  of 
state  a  certification  fee  determined  by  its  total  authorized  capital 
stock  at  the  rate  prescribed  in  section  37 ;  and  upon  and  after  the 
payment  of  such  fee,  the  corporation,  and  its  stockholders,  officers 
and  directors  shall  be  entitled  to  the  powers,  privileges  and  im- 
munities and  be  subject  to  the  duties,  liabilities  and  obligations 
provided  by  this  act  and  not  otherwise,  in  all  respects  as  if  said 
corporation  were  organized  under  the  provisions  hereof  on  the 
date  of  such  payment;  provided,  however,  that  any  liability  of  such 
corporation  or  its  stockholders,  officers  or  directors  or  any  of  them, 
existing  on  said  date,  under  or  by  virtue  of  any  other  law  or 
statute  of  this  state,  shall  not  be  affected.  Any  person  who  shall 
subscribe  or  make  oath  to  any  certificate  provided  for  by  this  sec- 
tion, which  shall  contain  any  false  statement,  known  by  such  per- 
son to  be  false,  shall  upon  conviction  thereof  be  fined  not  exceeding 
five  thousand  dollars  or  imprisoned  not  exceeding  five  years  or 
both,  and  shall  also  be  individually  liable  to  any  stockholder  of  the 
corporation  or  other  person  for  actual  damages  caused  by  or  sus- 
tained by  reason  of  such  false  statement. 
Takes  effect  ou  Sect.  2.     This  act  shall  take  effect  on  its  passage. 

passage. 

[Approved  March  7,  1923.] 


CHAPTER  10. 

AN   ACT  IN   AMENDMENT  OP   CHAPTER   18()   OF   THE   PUBLIC   STATUTES 
REIkVTING    TO    WILLS. 

Skction  1   Skctiox 

1.      Married    persons    including    married  2.      Takes   effect   on    passage, 

woman      under     twenty-one     may 
make  will.  I 

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

Married  persons         Section    1.     Amend    section    1    of    chapter    186    of    the    Public 

including   married  ^  -i.-ni  -,      l  i.  i>ji  r 

woman  under       Statutcs  by  Hiserting  after  the  words     every  person  ot  the  age  or 

mik"  wm!'  ™^^     twenty-one  years"  the  words  and  married  persons  under  that  age. 

so  that  said  section  when  amended  shall  read  as  follows:     Section 

1.     Every   person   of  the   age   of   twenty-one   years    and    married 


1923] 


Chapter  11, 


27 


persons  under  that  age,  of  sane  mind,  may  devise  and  dispose  of 
their  property,  real  and  personal,  and  of  any  right  or  interest  they 
may  have  in  any  property  by  their  last  will  in  writing.     "Every 
person"  shall  be  construed  to  include  a  married  woman. 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

[Approved  March  7,  1923.] 


Takes   effect    on 
passage. 


CHAPTER  11. 

AN    ACT    CONCERNING    THE    TR.VNSFER   OP    BODIES   FROM    ONE    TOWN    TO 

ANOTHER. 


SECTION' 

1.  Licensed  embahner  may  transfer 
body  to  another  town  for  prep- 
aration for  burial. 


Skctiox 

2.     Takes   effect  on  passage. 


Be  it   enacted   hij   tJie   Senate   and  House   of   Uepresentatives    in 
General  Court  convened: 


Section  1.     Anv  licensed  eiubalniei'  niav  transfer  the  body  of  Licensed  em- 

-,  1  "         ,  ii  X  i?        "  X-  £  X.'     •    1  balmer  may  traus- 

any  deceased  person  to  another  town  tor  preparation  tor  burial  fer  body  to  an- 
or  cremation,  provided  death  was  not  sudden,  the  result  of  violence  prejMratioii  for 
or  of  a  comuiunicable  disease  other  than  tuberculosis  or  pneumonia  '^'■"^  • 
and  provided  such  body  shall  be  returned  to  the  town  in  which 
death  occurred  within  eighteen  hours,  or  provided  a  permit  for 
permanent  removal,  as  retjuired  under  the  provisions  of  chapter 
173  of  the  Public  Statutes,  has  been  secured  within  said  time. 
Such  temporary  transfer  shall  be  made  by  licensed  embalmers  only 
and  such  licensed  embahner  shall  leave,  in  writing,  with  the  insti- 
tution from  which  or  the  ])erson  from  whom  any  such  body  is 
received,  on  forms  supplied  by  the  state  board  of  health,  his  name 
and  address,  license  number  and  date  and  hour  such  body  was 
delivered  to  him.  Any  body  for  which  a  burial  or  removal  permit 
has  been  secured  in  accordance  with  the  provisions  of  chapter  173 
of  the  Public  Statutes,  excepting  the  body  of  any  i)erson  whose 
death  occurred  while  suffering  from  any  cominunicabie  disease 
other  than  tuberculosis  and  pneumonia,  may  be  taken  through 
or  into  another  town  for  funeral  services  Avithout  additional  per- 
mits. 


Sect.  2.     This  act  shall  take  eff'ect  upon  its  passage. 
[Approved  March  7,  1923.] 


Takes  effect  on 
passage. 


28 


Limitation  of  in- 
come  of    grant    or 
donation  to 
church. 


Chapters  12,  13. 
CHAPTER  12. 


[1923 


AN  ACT  IN  AMENDMENT  OP  SECTION  10  OP  CHAPTER  152  OP  THE  PUBLIC 
STATUTES,    RELATING    TO    RELIGIOUS    SOCIETIES. 


.Section 

1.     Limitation    of    income    of    grant    or 
donation    to    church. 


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.  Amend  section  10  of  chapter  152  of  the  Public 
Statutes  by  inserting  in  place  of  the  words  "five  thousand  dollars" 
the  words  seventy-five  hundred  dollars,  so  that  said  section  as 
amended  shall  read  as  follows:  Sect.  10.  The  income  of  any 
grant  or  donation  made  to  or  for  the  use  of  a  church  shall  not 
exceed  seventy -five  hundred  dollars  a  year  exclusive  of  the  income 
of  any  parsonage  land  granted  to  or  for  the  use  of  the  ministry. 

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

[Approved  March  7,  1923.] 


CHAPTER  13. 


AN    ACrr    IN    AMENDMENT    OP    CHAPTER    148    OP    THE    LAWS    OP    1915, 
ENTITLED  '^AN  ACT  RELATING  TO  ACTIONS  POR  PERSONAL  INJURIES." 


Section 

1.  In  tort  for  injuries  to  personal 
property,  contributory  negligence 
a  defense. 


Section 

2.     Takes  effect  on  passage. 


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


tory  negligence 
a    defense. 


In  tort  for  in-  Section  1.     Chapter  148  of  the  Laws  of  1915  is  hereby  amended 

propfrt^  con?r°ibu-  ^v  Striking  out  the  first  section  thereof,  and  substituting  therefor 
the  following:  Section  1.  In  all  actions  of  tort  for  personal  injury 
or  injury  to  personal  property,  caused  by  negligence,  contributory 
negligence  on  the  part  of  the  plaintiff  shall  be  a  defense,  and  the 
burden  of  proving  the  same  shall  be  upon  the  defendant. 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 


Takes  effect  on 
passage. 


[Approved  March  7,  1923.] 


1923] 


Chapters  14,  15. 
CHARTER  14. 


29 


AN  ACT  TO  CREATE  A   STATE  PIER  COMMISSION. 


Section 

1.  State    pier    commission    established. 

2.  Commission    to    serve    without    pay ; 

report. 


Section 

3.     Takes  effect  on  passage. 


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

Section  1 .     There  is  hereby  created  a  commission  to  consist  of  ^*^.^*?  p''^'"  9*'™" 

•'  mission    estab- 

three  members,  to  be  appointed  by  the  governor  and  council,  whoi'shed. 
shall  investigate  the  expediency,  feasibility  and  cost  of  erecting 
at  Portsmouth  a  state  pier. 

Sect.  2. 

investigate  thoroughly  in  the  premises  and  report  their  findings  to^''^^-  report. 
the  next  legislature,  and  shall  incur  no  expense  for  the  state  to  pay.  Takes  effect  on 

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

[Approved  March  7,  1923.] 


Said  commission  shall  serve  without   pay   and  shall  fg°'^^^it^out° 


CHAPTER  15. 


AN  ACT  IN  AMENDMENT  OF  SUBDIVISION  XIII,  SECTION  10,  CHAPTER  50, 
OP  THE  PUBLIC  STATUTES,  RELATING  TO  POWDERS  OF  CITY  COUNCILS. 


Section 

1.  Garbage  and  waste  material,  auth- 
orization for  collection,  removal 
and    destruction    of. 


Section 

2.      Repealing     clause; 
passage. 


takes    effect    on 


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

Section  1.     Amend  subsection  xiii,  section  10,  chapter  50,  of  Garbage   and 

1  •!•  1  •ici  T  waste   material, 

the  Public   Statutes,  by  striking  out  the  period  alter  the  word  authorization  for 
"city"  in  the  last  line  of  said  subsection,  and  inserting  in  place movfi^IiidTe- 
thereof  a  semicolon,  and  by  adding  the  following  words  to  author-  ^^f'""*'""  "f- 
ize  and  provide  for  the  collection,  removal  and  destruction  of  gar- 
bage and  other  waste  material,  to  make  necessary  regulations  rela- 
tive thereto,  and  to  provide  for  payment  therefor  by  assessment, 
appropriation,  or  by  both,  so  that  said  subsection  as  amended  shall 
read  as  follows :      xiii.       To  abate  and  remove  nuisances ;  to  regu- 
late   the    location    and    construction    of    slaughterhouses,    tallow- 
chandlers'  shops,  soap  factories,  tanneries,  stables,  barns,  ]n-ivips. 


30 


Chapter  16. 


[1923 


Repealing  clause ; 
takes  effeict  on 
passage. 


sewers,  and  other  unwholesome  or  nauseous  buildings  or  places,  and 
the  abatement,  removal,  or  purification  of  the  same  by  the  owner 
or  occupant ;  to  prohibit  any  person  from  bringing,  depositing,  or 
having  within  the  city  any  dead  carcass  or  other  unwholesome 
substance ;  to  provide  for  the  removal  or  destruction,  by  any  per- 
son who  shall  have  the  same  upon  or  near  his  premises,  of  any 
such  su]>stance,  or  any  putrid  or  unsound  beef,  pork,  fish,  hides, 
or  .skins,  and,  on  his  default,  to  authorize  the  removal  or  destruc- 
tion thereof  by  some  officer  of  the  city;  to  authorize  and  provide 
for  the  collection,  removal  and  destruction  of  garbage  and  other 
waste  material,  to  make  necessary  regulations  relative  thereto,  and 
to  provide  for  payment  therefor  by  assessment,  appropriation,  or 
by  both. 

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


[Approved  March  21,  1923.! 


CHAPTER  16. 


AN  ACT  AMENDING  SECTION  10  OP  CHAPTER  79  OF  THE  PUBLIC  STAT- 
UTES, ENABLING  TOWNS  AND  VILLAGE  DISTRICTS  TO  ESTABLISH 
BOARDS   OP   SEWER   COMMISSIONERS. 


Section 

1.  Sewer  commissioners,  board  of,  how 
established;  election  of  commis- 
sioners;   compensation. 


Section 

2.     Takes  effect  on  passage. 


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


Sewer  commis-  SECTION  1.     Amend  scction  10  of  chapter  79  of  the  Public  Stat- 

JToa^d^oThow       utes  by  inserting,  at  the  end  thereof,  the  following:    Any  town  or 


sioner 
sation 


estabHshed^  d_ec-  ^^jj^^g  district  which  has  heretofore  adopted,  or  which  may  here- 
^•s;  compen-  ^^^^^  adopt,  the  provisious  of  this  chapter  as  herein  provided,  may, 
at  the  time  of  such  adoption  or  thereafterwards,  vote  to  establish  a 
board  of  sewer  commissioners,  consisting  of  three  members,  which 
board  shall  perform  all  the  duties  and  possess  all  the  powers  in 
the  town  or  district  otherwise  hereby  conferred  upon  the  selectmen. 
At  the  annual  town  or  district  meeting  when  such  board  is  es- 
tablished, there  shall  be  chosen,  by  ballot  and  by  major  vote,  three 
sewer  commissioners,  one  to  hold  office  for  three  years,  one  for 
two  vears,  and  one  for  one  year,  and  thereafter,  at  every  annual 


1923]  Chapter  16.  31 

meeting,  one  commissioner  shall  be  so  chosen  to  hold  office  for  three 
years;  provided,  however,  that  such  election  shall  be  by  plurality 
vote  in  towns  or  districts  M'hich,  under  existing  laws,  elect  officers 
in  that  manner.  Vacancies  in  the  board,  whether  from  failure  to 
elect  or  otherwise,  shall  be  filled  in  towns,  by  the  selectmen  of  the 
town,  and  in  village  districts,  by  the  commissioners  of  the  district. 
Any  member  of  the  board  so  chosen  to  fill  a  vacancy  shall  hold 
office,  until  the  next  annual  meeting.  The  compensation  of  such 
board  of  sewer  commissioners  shall  be  fixed  in  towns,  by  the  select- 
men, and  in  village  districts,  by  the  commissioners  of  the  district, 
so  that  said  section  as  thus  amended  shall  read  as  follows :  Sect. 
10.  The  provisions  of  this  chapter  shall  be  in  force  in  such  towns 
and  village  districts  as  may  adopt  the  same;  and  the  selectmen 
shall  perform  all  the  duties  and  possess  all  the  powers  in  the  town 
or  the  district,  as  the  case  may  be,  conferred  by  this  chapter  upon 
the  mayor  and  aldermen,  and  the  rights  of  all  parties  interested 
shall  be  settled  in  the  same  way.  Any  town  or  village  district 
which  has  heretofore  adopted,  or  which  may  hereafter  adopt,  the 
provisions  of  this  chapter  as  herein  provided,  may,  at  the  time  of 
such  adoption  or  thereafterwards,  vote  to  establish  a  board  of 
sewer  commissioners,  consisting  of  three  members,  which  board 
shall  perform  all  the  duties  and  possess  all  the  powers  in  the  town 
or  district  otherwise  hereby  conferred  upon  the  selectmen.  At  the 
annual  town  or  district  meeting  when  such  board  is  established, 
there  shall  be  chosen,  by  ballot  and  by  major  vote,  three  sewer 
commissioners,  one  to  hold  office  for  three  years,  one  for  two  years, 
and  one  for  one  year,  and  thereafter,  at  every  annual  meeting,  one 
commissioner  shall  be  so  chosen  to  hold  office  for  three  years; 
provided,  however,  that  such  election  shall  be  by  plurality  vote  in 
towns  or  districts  which,  under  existing  laws,  elect  officers  in  that 
manner.  Vacancies  in  the  board,  whether  from  failure  to  elect  or 
otherwise,  shall  be  filled  in  towns,  by  the  selectmen  of  the  town, 
and  in  village  districts,  by  the  commissioners  of  the  district.  Any 
member  of  the  board  so  chosen  to  fill  a  vacancy  shall  hold  office 
until  the  next  annual  meeting.  The  compensation  of  such  board 
of  sewer  commissioners  shall  be  fixed  in  towns,  by  the  selectmen, 
and  in  village  districts,  by  the  commissioners  of  the  district. 

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

passage. 

[Approved  March  21,  1923.] 


32 


Chapters  17,  18. 


[1923 


Repeal    of    Laws 
of  1907,   chapter 
7,    section    1, 
making  biennial 
elections    legal 
holidays  not  ap- 
plicable to  public 
schools. 

Takes    effect    on 
passage. 


CHAPTER  17. 

AN  ACT  IN  AMENDMENT  OF  CH.VPTEK  7  OF  THE  SESSION  LAWS  OF  1907, 
CONCERNING   HOLIDAYS. 


Section 

2.     Takes  effect  on  passage. 


Section 

1.  Repeal  of  Laws  of  1907,  chapter  7, 
section  1,  making  biennial  elec- 
tions legal  holidays  not  appli- 
cable   to   public    .schools. 


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

Section  1.  Section  1  of  chapter  7,  session  Laws  of  1907,  whicli 
reads  as  follows :  ' '  Section  1.  The  provision  in  chapter  11  of 
the  session  Laws  of  1899  making  'the  day  on  which  biennial  elec- 
tions are  held'  a  legal  holiday  shall  not  apply  to  any  of  the  public 
schools  of  the  state,"  is  hereby  repealed. 

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


[Approved  March  21,  1923.] 


CHAPTER  18. 


AN    ACT    TO    regulate   THE   ISSUING    OP   'HUNTING    LICENSES. 


Section 

1.      License   may  be   granted   to   per.'sons 
sixteen   years    of    age   or    over. 


Section 

2.      Takes  effect  January   1,   1924. 


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


License  may  be 
granted  to  per- 
sons sixteen 
years  of  age  or 
over. 


Section  1.  Amend  section  55,  chapter  133,  Laws  of  1915,  as 
amended  by  section  20,  chapter  184,  Laws  of  1917,  by  striking  out 
after  the  word  "over"  in  the  fourth  line  of  said  section  the  fol- 
lowing :  ' '  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, ' ' 
and  by  striking  out  the  word  "thirteen"  in  the  seventh  line  of 
said  section  and  inserting  in  place  thereof  the  word  sixteen,  so 
that  the  first  paragraph  of  said  section,  as  amended  shall  read  as 
follows :  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 


1923]  Chapter  19.  33 

of  age  or  over ;  provided,  however,  that  a  child  under  sixteen  may 
hunt  without  a  license  when  accompanied  by  parent  or  guardian 
who  has  secured  a  license  according  to  the  provisions  of  this  act. 
Any  child,  resident  or  nonresident,  under  the  age  of  sixteen  and 
any  woman,  resident  or  nonresident,  may  take  and  kill  fresh  water 
fish  without  procuring  a  license  so  to  do.  The  state  treasurer  shall 
supply  the  commission  with  books  containing  consecutively  num- 
bered licenses  having  duplicate  stubs,  upon  which  shall  be  recorded 
the  date  when  the  license  was  issued,  and  the  name  of  the  i)erson 
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  com- 
mission to  said  agent  and  pay  him  the  following  fees: 

Sect.  2.     This  act  shall  take  effect  January  1,  1924.  Takes  effect 

January   1,    1924. 

[Approved  Marcli  21,  1923.] 


A 

CHAPTER  19. 


AN  ACT  IN  RELATION  TO  THE  ISSUING  OF  HUNTING  LICENSES. 

Section  ,  Skotion 

1.      Suspension   or  revooation  of  licenses.     [        2.      Takes   effect    on    passage. 

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

Section  1.  Amend  section  55,  chapter  133,  Laws  of  1915  as  suspension  or 
amended  by  section  20,  chapter  184,  Laws  of  1917,  section  1,  chap-  licenses.' 
ter  146,  Laws  of  1919  and  section  1,  chapter  93,  Laws  of  1921,  by 
adding  at  the  end  of  said  section  one  new  paragraph  (g)  which 
shall  read  as  follows:  (g)  The  commission  shall  have  power  and 
authority  to  suspend  or  revoke  the  license  of  any  person  who  has 
been  convicted  of  a  violation  of  any  law  relating  to  fish  and  game. 
Such  license  must  be  revoked  within  three  months  after  the  con- 
viction and  such  revocation  shall  end  with  the  calendar  year  in 
which  the  license  is  revoked. 

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

passage. 

[Approved  March  21,  1923.] 


34  Chapters  20,  21.  [1923 

CHAPTER  20. 

AN  ACT  IN   RELATION   TO   MIGRATORY  BIRDS. 


Section 

1.     Restrictions  as  to  manner  of  taking 
certain  species  of  birds. 


2.      Repealing     clause;     takes     effect     on 
passage. 


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

Restrictions  as  to  SECTION  1.  Amend  paragraph  (c)  of  section  22,  chapter  133, 
"^enlin  speci^e^"*^  Laws  of  1915  by  striking  out  all  of  said  paragraph  and  inserting 
of  birds.  jj^  place  thereof  a  new  paragraph  as  follows:     (c)    Any  of  the 

species  mentioned  in  section  21  and  section  22  shall  not  be  taken 
from  a  boat  propelled  otherwise  than  by  hand,  nor  with  the  aid  of 
a  jack  or  other  light,  nor  between  sunset  in  the  evening  and  one- 
half  hour  before  sunrise  in  the  morning.  The  presence  of  a  per- 
son upon  the  public  waters  of  the  state  or  the  shores  thereof  after 
sundown  and  before  one-half  hour  before  sunrise,  possessed  of  a 
firearm  and  jack  or  other  light,  shall  be  presumptive  evidence  that 
he  has  violated  the  provisions  of  this  section. 
Repealing  clause:  Sect.  2.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed  and  this  act  shall  take  etif'eet  on  its  i)assage. 


takes    eflfect    on 
1  assage 


[Approved  March  21,  1923.] 


CHAPTER  21. 

AN  ACT  TO  PROHIBIT  FISHING  THROUGH  THE  ICE  IN   THE  TOWN 
OF  STODDARD, 

Suction  |  Suction 

1.      Fishing      through      ice      in      certain  2.      Penalty    for    violation. 

waters    of    Stoddard    and    Wash-  |        3.     Takes    effect    March    28,    1924. 

ington   prohibited    for   five   years.  I 

Be  it  enacted   by   the   Seriate   and   House   of  Itepreseniatives  in 
General  Court  coyivened: 

Pishing  through        SECTION  1.     All  persous  are  prohibited   from   fishing  through 
waters  'of't'Jod-   the  Icc  for  a  period  of  five  years  from  March  28,  1924  in  the  fol- 
ing\L  prohibUed"' lowing  watcrs :     Robb  reservoir  and  Island  Pond  in  tlie  town  of 
for  five  years.       Stoddard  and  Long  Pond  in  Stoddard  and  Washingtou. 
Penalty  for  Sect.  2.     Any  pcrsoii  violating  the  provisions  of  tliis  at't  sliall 

violation.  ^^  ^^^^  ^gj^   dollars. 

Takes  effect  Sect.  3.     This  act  shall  take  effect  Mai-cli  2S,  l!»24. 

March    28,     1024. 

[Approved  March  28,  1923.] 


1923]  Chapter  22.  35 

CHAPTER  22. 

AN  ACT  RELATING  TO  THE  TAXATION  OP  NATIONAL  BANK  STOCK, 

Section  Section 

1.  National   banks   to    be   ta.xed    1%    on  3.      Repealing     clause;     takes     effect     on 

capital  stock;   how  to  be  paid  by     ;  passage, 

bank;   lien  of  bank. 

2.  Cashier    to    make    annual    return    to 

assessors     of     lioldiiigs    of     stock- 
holders. 

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

Section  1.     Every  national  bank  annually  shall  pay  a  tax  of  National  banks 
one  per  cent,  on  the  par  value  of  its  capital  stock  after  deducting  ^^^  cap^Ti^loS 
therefrom  the  value  of  all  real  estate  owned  by  the  corporation,  {jow^to^be^^paid^ 
and  such  tax  shall  be  paid  by  the  bank  to  the  towns  or  cities  where  bank. 
the  stockholders  reside  in  proportion  to  the  amount  owned  by  the 
stockholders  of  each  town  or  city,  but  such  portion  of  said  tax  as  is 
represented  by  shares  owned  by  persons  residing  out  of  this  state 
shall  be  paid  to  the  town  or  city  where  the  bank  is  located.     Such 
tax  shall  be  paid  by  the  bank  to  the  collectors  or  other  persons  au- 
thorized to  collect  the  taxes  of  cities  or  towns  entitled  to  share  in 
said  tax  at  the  time  in  each  year  when  the  other  taxes  assessed  in 
said  cities  or  towns  become  due.     The  bank  shall  have  a  lien  on 
each  share  thereof  for  its  proportion  of  said  tax.     The  persons  or 
corporations  who  appear  from  the  records  of  said  banks  to  be  the 
owners  of  shares  at  the  close  of  the  business  day  next  preceding 
the  first  day  of  April  in  each  year  shall  be  taken  and  deemed  to 
be  the  owners  thereof  for  the  purposes  of  this  act. 

Sect.  2.     The  cashier  of  every  such  bank  shall,  on  or  before  the  cashier  to  make 
tenth  day  of  April  in  each  year,  send  by  mail,  to  the  selectmen  or  nss'lssors^'oT" 
assessors  of  the  several  towns  in  the  state  in  which  any  of  its  stock-  s°Jc]!J5^fders 
holders  resided  on  the  first  day  of  that  month,  a  list  of  such  stock- 
holders, stating  the  number  of  shares  owned  by  each  and  the  par 
value  of  such  shares,  the  total  par  value  of  the  capital  stock  and 
the  value  of  the  real  estate  to  be  deducted  therefrom  and  the  pro- 
portionate value  of  each  share  after  such  deduction,  and  to  the 
selectmen  or  assessors  of  the  town  in  which  the  bank  is  located  a 
like  list  of  stockholders  not  resident  in  this  state,  such  statements 
to  be  under  oath. 

Sect.  3.     Sections  1,  2,  3  and  4,  of  chapter  113,  Laws  of  1895,  Repealing  clause; 
are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage,  p'lssage. 

[Approved  March  29,  1923. J 


36 


Chapter  23. 


1023 


CHAPTER  23. 


AN  ACT  RELATING  TO  TRESPASSES   UPON  IMPROVED  LAND. 


Section 

1.  Trespasses  on  orchards,   etc.,  or  im- 

proved land  and  destruction  of 
trees,  etc.,  or  carrying  away  of 
stock    or    products,    punished. 

2.  Unlawful   entry    upon   orchard,    etc., 

or  improved  land,  with  intent 
to  destroy  trees,  etc.,  or  to  steal 
stock  or  products,  etc.,  punished. 


Section  ' 

3.  Arrest    on    view,    without    warrant. 

4.  Wilfully      destroying,      etc.,      notice 

against   trespassing,   punigherl. 

5.  Takes  effect  on  passage. 


Be   it   enacted   by   the   Senate  and  House   of  Representatives  in 
(iener<d  Court  convened: 


Trespasses    on 
orchards,   etc.,  or 
improved    land 
and  destruction  of 
trees,   etc.,   or  car- 
rying   away    of 
stock    or    prod- 
ucts,   punished. 


Unlawful   entry 
upon    orchard, 
etc.,  or  improved 
land,  with  intent 
to  destroy  trees, 
etc.,  or  to  steal 
stock  or  products, 
etc.,    i)unished. 


Arrest     on     view, 
without  warrant. 


Section  1.  Whoever  wilfully  or  without  right  enters  the  or- 
chard, nursery,  garden,  or  upon  the  improved  land  of  another,  and 
destroys  or  injures  any  tree,  shrub,  vine,  or  steals,  takes  or  carries 
away  live  stock,  poultry,  fruit,  vegetables,  or  other  product  there 
growing  or  being,  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  or  by  imprisonment  for  not  less  than  thirty 
days,  or  both ;  and  if  the  offense  is  committed  by  any  person  with 
the  aid  of  a  motor  vehicle  to  convey  him  or  them  to  or  from  the 
premises  above  described  or  to  convey  away  any  of  the  material 
stolen  or  taken,  the  license  of  the  owner,  unless  proved  to  be  that 
of  an  innocent  party,  shall  be  revoked  for  a  period  of  one  year  in 
addition  to  the  foregoing  penalties. 

Sect.  2.  Whoever  wilfully  or  without  right  enters  the  orchard, 
nursery,  garden  or  other  improved  land  of  another  with  intent  to 
destroy  or  injure  any  tree,  shrub,  vine  or  to  steal  any  poultry,  live 
stock,  grain,  fruit,  vegetables,  or  other  product  there  growing  or 
being,  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  or  by  imprisonment  for  not  less  than  thirty  days,  or  both ; 
and  if  the  offense  is  committed  by  any  person  with  ;he  aid  of  a 
motor  vehicle  to  convey  him  or  them  to  or  from  the  premises  above 
described,  or  to  convey  away  any  of  the  material  stolen  or  taken, 
the  license  of  the  owner,  unless  proven  to  be  that  of  an  innocent 
party,  shall  be  revoked  for  a  period  of  one  year  in  addition  to  the 
foregoing  penalties. 

Sect,  3.  A  sheriff,  deputy  sheriff,  constable,  police  officer,  any 
conservator  of  the  peace,  watchman  or  any  private  person,  shall 
have  the  power,  upon  viewing  the  commission  of  any  offense  named 
in  this  act,  to  arrest  such  offender  or  off'enders  without  a  warrant 
and  commit  him  or  them  to  jail,  a  police  station  or  other  place  of 
detention  until  a  complaint  and  warrant  can  be  made,  sworn  to 
and  served  upon  such  offender  or  offenders.  Said  offender  or 
offenders  shall  be  arraigned  in  some  proper  court  within  twenty- 
four  liours,  Sundays  and  iiolidays  excepted. 


1923] 


Chapter  24. 


6i 


Sect.  4.     Whoever  wilfully  tears  down,  removes  or  defaces  any  wiifuUy   dtstvoy- 

p    ing,     etc.,     notice 

notice  posted  on  land  by  the  owner,  lessee  or  custodian  thereoi,  against  trespass- 
warning  persons  not  to  trespass  thereon,  shall  be  punished  by  a '"^'  p^"'*"^® 
fine  of  not  more  than  twenty -fi.ve  dollars. 

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

passage. 

[Approved  April  5,  1923.] 


CHAPTER  24. 


AN  ACT  IN  AMENDMENT  OF  SECTION  18,  CHAPTER  119,  OP  THE  SESSKW 
LAWS  OF  1921,  RELATING  TO  OPERATING  MOTOR  VEHICLES  WHILE 
UNDER  THE  INFLUENCE  OF  INTOXICATING  LIQUOR. 


Section 

1.  Operation  of  motor  veliicle  reckless- 
ly or  while  under  influence  of 
intoxicating  liquor,  et*.,  pun- 
ished ;    revocation    of    license. 


Section 

2.      Takes  effect  on   passage. 


Be   it   enacted   hij   the   Senate   and  House   of   Represe)itativcs   in, 
General  Court  convened: 


Section  1.     Amend  section   18  of  chapter   119   of  the  session  operation  of 
Laws  of  1921  by  striking  out  all  of  said  section  and  inserting  a  new  ?e°ckiessj.v  "or 
section  in  place  thereof  as  follows :     Sect.  18.  Whoever  upon  any  J^XenJ'e"^"  in- 
way  operates  a  vehicle  recklessly  or  while  under  the  influence  of  toxicating  liquor, 

...  ^  etc.,    punished ; 

intoxicating  liquor,  or  so  that  the  lives  or  safety  of  the  public  revocation  of 
might  be  endangered,  or  upon  a  bet,  wager,  or  race,  or  who  operates 
a  vehicle  for  the  purpose  of  making  a  record,  and  thereby  violates 
any  of  the  provisions  of  section  13  of  this  act  or  any  special  regu- 
lations made  under  the  authority  conferred  by  section  14  of  this 
act  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars, 
or  by  imprisonment  not  exceeding  six  months,  or  both,  and  for  a 
second  offense  he  shall  be  punished  by  imprisonment  not  less  than 
one  month  and  not  exceeding  one  year,  A  conviction  of  a  viola- 
tion of  this  section  shall  be  reported  forthwith  by  the  court  or 
trial  justice  to  the  commissioner,  who  shall  revoke  immediately  the 
license  of  the  person  so  convicted  and  the  commissioner  may  revoke 
the  license  of  any  person  who  shall  be  convicted  of  a  similar  offense 
by  a  court  of  any  other  state.  Whenever  any  person  so  convicted 
appeals,  the  said  commissioner  shall  suspend  forthwith  the  license 
of  the  person  so  convicted  and  shall  order  him  to  deliver  his  license 
to  said  commissioner,  and  shall  not  reissue  said  license  until  said 
person  is  acquitted  in  a  court  having  jurisdiction  of  the  offense 
charged.     No  new  license  or  certificate  shall  be  issued   by  said 


38  Chapter  25.  I  1!»2;{ 

commissioner  to  any  person  convicted  of  operating,  a  vehicle  while 
nnder  the  influence  of  intoxicating  liquor  within  six  months  after 
the  date  of  such  final  conviction,  and  then  only  upon  satisfactory 
evidence  that  the  interests  of  the  public  will  not  be  jeopardized 
thereby,  and  no  license  or  certificate  shall  be  issued  to  any  one 
convicted  of  any  of  the  other  provisions  of  this  section  until  after 
sixty  days  from  the  date  of  such  final  conviction. 
Takes  effect  on         Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

passage.  ^  j.  o 

[Approved  April  5,  1923.] 


CHAPTER  25. 

AN  ACT  PERMITTING  THE  COLLECTION  OF  BIRDS,  THEIR  NESTS  AND  EGGS, 
W^ILD  ANIMALS  AND  FISH,  FOR  SCIENTIFIC  PURPOSES. 

Skction  Section 

1.  Birds,     their    nests    and    eggs,    etc.,  3.      Qualification      of      applicants;       e.x- 

niav     be     taken     on     pei'mit,     for  piration    of     ])ermit;     permit    not 

scientific    purposes.  transferable;    when   revocable. 

2.  Application    for    permit,    how    to    be  4.      Penalty  for  violation  of  act. 

made.  i        5.      Repealing    clause;     takes    effect    on 


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

Birds,  their  nests        SECTION  1.     A  pcrsou  may  take,  in  any  manner  and  at  any  time, 
may  b^^^taken'on  birds,  their  uests  and  eggs,  wild  animals  and  fish,  for  scientific  pur- 
tifl™purposes!°'^"  poses  whcn  authorized  by  a  permit  issued  by  the  fish  and  game 
commissioner,  which  permit  the  holder  shall  carry  on  his  person 
when  he  is  collecting  specimens  thereunder  and  shall  exhibit  to  any 
person  requesting  to  see  the  same. 
Application  for         Sect.  2.     Application  for  a  permit  must  be  addressed  to  the 
brma'de."^^  *°      fish  and  game  commissioner  at  Concord  and  must  contain  informa- 
tion in  regard  to  name,  address,  and  age  of  applicant  and  the 
purposes  for  which  the  specimens  are  intended,  and  such  other 
information  as  said  commissioner  may  require.     The  application 
may  be  in  the  following  form : 

I  petition  for  a  permit  to  take  specimens  in  the  State  of  New 
Hampshire,  said  specimens  to  be  used  for  the  following  purposes: 


I  present  herewith  the  certificate  required  from  a  well-known 
and  recognized  educational  institution,  and  agree  that  if  such 
permit  is  issued  I  will  comply  with  all  the  provisions  of  the  Migra- 
tory-Bird Treaty  Act  and  the  regulations  thereunder. 


1!)2;}]                      ■                (JiJAi'TKit  25  39 

Dated  at this day  of 19... 


Name  of  Applicant. 

Each  application  must  be  accompanied  by  a  certificate  from  a 
recognized  educational  institution  that  the  applicant  is  a  fit  person 
to  be  entrusted  with  a  permit  and  such  other  references  as  said 
commissioner  may  require.  The  certificate  may  be  in  the  following 
form : 

: 19 

I,  the  undersigned,  hereby  certify  that  I  have  personally  known 

...of who 

subscribed  to  the  foregoing  application,  for years  last  past, 

and  that  he  is  a  person  of  good  moral  character,  and  a  fit  person 
to  be  entrusted  with  a  permit  to  collect,  buy,  sell,  and  transport 
birds  and  their  nests  and  eggs  for  scientific  purposes  in  accordance 

with  the  provisions  of  the  law etc 

Name  in  full. 

Post    Office   Address 

Sect.  3.     The  applicant  must  also  hold  such  permit  as  is  re-  Qualification  of 
quired  under  federal  laws.    Each  permit  shall  expire  on  the  thirty- e.xpirltron' of 
first   day   of   December   succeeding   its   issuance    unless   specified  ^^""'/j^^g^g^^'ig 
therein,  shall  not  be  transferable  and  shall  be  revocable  at  the  dis-  ^'i^en  revocable. 
cretion  of  the  fish  and  game  commissioner. 

Sect.  4.     If  any  person  shall  violate  the  provisions  of  this  act.  Penalty  for 
he  shall  be  punishable  by  fine  of  not  less  than  ten  (10)  dollars  and  let*  '"" 
not  more  than  fifty  (50)  dollars  for  each  violation. 

Sect.  5.     Section  27,  chapter  184,  Laws  of  1917  and  chapter  Repealing 
276,  Laws  of  1919  and  all  other  acts  or  parts  of  acts  inconsistent  ^^g^f '  ^jf'p^^. 
with  this  act  are  hereby  repealed,  and  this  act  shall  take  effect  on  ^age. 
its  passage. 

[Approved  April  5,  1923.] 


40  Chapter  26.  '  [1923 

CHAPTER  26. 

AN  ACT  RELATING  TO  THE  TAKING  OF  DEER. 


Section 

2.     Takes   effect   on   passage. 


Section 

1.  Deer,  not  to  be  taken  by  aid  of  dog, 
jack,  etc.,  nor  otherwise  than  by 
shotgun  loaded  with  single  ball, 
in    certain    counties.  ' 

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

Deer,  not  to  be         SECTION  1.     Amend  section  14  (c)  of  chapter  133  Laws  of  1915, 

taken    bv    aid    of  ,  -in^pi-r-  P    -t  r\-t  rr 

dog,  jack,  etc.,  as  amended  by  chapter  184  oi  the  Laws  or  1917  and  as  amended 
thTn  by''siw)T-''  by  chaptcr  152  of  the  Laws  of  1919  and  as  amended  by  section  2, 
Thh  Sf  ball,  chapter  140  of  the  Laws  of  1921  by  strikmg  out  the  whole  thereof 
in  certain  coun-  j^^d  inserting  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  Hills- 
borough, Rockingham,  Belknap  or  Merrimack,  with  the  following 
exceptions :  The  towns  of  Windsor,  Hillsborough,  Bennington, 
Deering,  Francestown,  Weare,  Antrim,  Hancock,  Greenfield,  New 
Boston,  Lyndeborough,  Temple,  Sharon,  New  Ipswich,  Greenville, 
Mason,  Wilton  and  Peterborough  in  the  county  of  Hillsborough ; 
the  towns  of  Andover,  Wilmot,  Danbury,  Canterbury,  Hill,  New 
London,  Sutton,  Bradford,  Warner,  Salisbury,  Newbury,  Webster, 
Allenstown,  Loudon,  Pittsfield,  Epsom,  Boscawen,  Hopkinton, 
Dunbarton,  Bow,  Northfield  and  Henniker  in  the  county  of  Merri- 
mack ;  and  the  towns  of  Sanbornton,  Alton,  Gilmanton,  Barnstead, 
Belmont,  Meredith,  Center  Harbor  and  New  Hampton,  in  the 
county  of  Belknap ;  and  the  towns  of  Candia,  Auburn,  Deerficld, 
Northwood,  Nottingham,  Raymond,  Epping,  Sandown,  and  Fre- 
mont in  the  county  of  Rockingham. 
Takes  eiicct  on         Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

passage. 

[Approved  April  5,  1923.] 


1923] 


Chapters  27,  28. 
CHAPTER  27. 


41 


AN  ACT  TO  AUTHORIZE  TOWNS  TO  RAISE  MONEY  TOWARDS  THE  SUPPORT 
OF  A  RESIDENT  PHYSICIAN. 


Section 

1.      Towns    authorized    to    maintain    resi- 
dent  physician. 


Skotion 

2.  Resident    i^hysiciaii,   liow   to   be  paid. 

3.  Takes     effect    on     passage;     legaliza- 

tion   of    prior    ai^propriations. 


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

Section  1.     Towns  may  at  any  annual  meeting  vote  to  raise  such  Towns  authorized 

-  1.1  ,       e  to  maintain 

sum  of  money  as  they  may  deem  necessary  towards  t[ie  support  or  resident  physi- 
a  resident  physician  in  such  towns  which  in  the  absence  of  such  *'*^°" 
appropriation  would  be  without  the  services  of  such  i)hysician. 

Sect.  2.     The  amount  so  appropriated  shall  be  paid  out  quar-  Resident  physi- 
terly  only  to  a  resident  physician  upon  an  order  drawn  by  the  pa^a'.   °^ 
selectmen. 

Sect,  3.     This  act  shall  take  effect  upon  its  passage  and  shall  Takes  effect  on 
legalize  any  such  appropriation  made  by  anv  town  at  the  March  zation  of  prior 

meeting  1923.  "  '  appropriations. 

[Approved  April  5,  1923.] 


CHAPTER  28. 


AN  ACT  REPEALING  SECTION  11  OF  CHAPTER  55  OF  THE  PUBLIC  STATUTES 
RELATING  TO  THE  EXEMPTION  FROM  TAXATION  OF  MANUFACTURING 
ESTABLISHMENTS. 


Section 

1.  Statutes  authorizing  exemption  of 
manufacturing  establ  ishmenls 
from  taxation   repealed. 


Skction 

3.      Tiikes   ert'ect    on    pussage. 


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

Section  1.     Section  11  of  chapter  55  of  the  Public  Statutes,  as  statutes  au- 
amended  by  chapter  166,  section  1,  of  the  Laws  of  1909,  is  hereby  em°ptfon^(.r 
repealed.     Provided^  however,  that  this  repeal  shall  not  be  con- "^f^hilshments*'' 
strued  to  apply  to  any  exemption  granted  previous  to  the  passage  reTaied''''*'*'" 
of  this  act. 

Sect.  2 


This  act  shall  take  effect  upon  its  passage. 
[Approved  April  5,  1923.] 


Takes   effect  on 
passage. 


42 


Chapters  2!),  :](). 


1923 


CHAPTER  2!). 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  109,  SESSION  LAWS  OP  1915,  "AN 
ACT  TO  PROVIDE  FOR  THE  INCORPORATION  AND  MANAGEMENT  OF 
TRUST  COMPANIES  AND  SIMILAR  CORPORATIONS." 


Capitalization  of 
trust  companies 
to    be    not   less 
than    certain 
amounts,    de- 
pendent upon 
size    of    town 
or  city. 


Takes  effect  on 


Si-.fi'ioN  Section 

1.      Capitalization   of  trust  companies  to  2.     Tiikos  effect  on  passage, 

bo  not  less  than  certain  amounts, 
dependent  upon  size  of  town  or 
city. 

Br   it   enacted   hij   the   Senate   and  House   of  Beprese7itatives   in 
General  Court  convened: 

Section  1.  Amend  section  10  of  chapter  109  of  the  session  Laws 
of  1915  by  striking  out  said  section  and  inserting  the  following  in 
place  thereof :  Sect.  10.  The  capital  stock  of  snch  corporation  shall 
in  no  event  be  less  than  twenty-five  thousand  dollars,  and  in  towns 
and  cities  of  more  than  four  thousand  inhabitants  it  shall  not  be 
less  than  fifty  thousand  dollars ;  and  in  towns  and  cities  of  more 
than  ten  thousand  inhabitants  it  shall  not  be  less  than  one  hundred 
thousand  dollars ;  and  in  towns  and  cities  of  more  than  fifty  thou- 
sand inhabitants  it  shall  not  be  less  than  two  hundred  thousand 
dollars,  and  in  no  event  shall  the  capital  stock  exceed  five  hundred 
thousand  dollars,  divided  into  shares  of  one  hundred  dollars  each. 

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

[Approved  April  5,  1923.] 


CHAPTER  80. 


AN    ACT   RELATING   TO   THE  FEES   OF   SHERIFFS   AND   DEPUTY   SHERIFFS. 


Suction 

1.      Sheriffs'    fees;    various    fees    author- 
ized. 


Section 

2.     Takes  effect  on  passage. 


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


Sheriffs'    fees ; 
various   fees 
authorized. 


Section  1.  Amend  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, 


1!)2:51  Chaptek  30.  43 

chapters  44  and  102,  Laws  of  1917,  and  chapter  114,  Laws  of  1919, 
by  striking  out  the  words  "three"  and  "four"  in  the  sixth  sen- 
tence of  said  section  and  inserting  in  place  of  each  the  word  five, 
so  that  said  section  shall  read  as  follows:  Sect.  16.  The  fees  of 
sheriffs  and  depi  ty  sheriffs  shall  be  as  follows:  For  the  service 
of  every  writ,  subpoena  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  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.  For  levying  executions,  on  the  dollar,  for  the 
first  hundred  dollars  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  each  day's  actual  attendance  at  the  supreme 
or  superior  court  by  order  thereof,  to  be  paid  out  of  the  county 
treasury,  the  sheriff,  each  day,  five  dollars;  each  deputy,  five  dol- 
lars, 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.  For  making  copies  of  writs  returnable  to 
the  superior  court,  each,  one  dollar,  and  for  making  copies  of  writs 
retrrnable  to  police  or  justice  courts,  each,  fifty  cents.  For  leav- 
ing the  copy  and  return  required  in  the  attachment  of  real  estate 
at  the  dwelling  house  or  office  of  a  town  or  city  clerk,  fifty  cents. 

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

passage. 

[Approved  April  5,  1923.] 


44 


Chapter  31, 


[1928 


CHAPTER  31. 

AN  ACT  TO  AMEND  SECTION  21  OF  CHAPTER  287  OP  THE  PUBLIC 
STATUTES,  AS  AMENDED  BY  SECTION  1  OF  CHAPTER  78,  LAWS  OP  1907 
AND  SECTION  1  OF  CHAPTER  136,  LAWS  OF  1919,  RELATING  TO  PAY  OF 
JURORS. 


8k<'tion 

1.  Grand  ;uul  petit  jurors'  expenses  not 
exceeding  $3  per  day  to  be  paid 
when  attending  court  away  from 
home. 


Section 

2.     Takes   effect   on    passage. 


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


Grand  and  petit 
jurors'  expenses 
not    exceeding 
$3   per   day   to 
be    paid    when 
attending   court 
away  from 
home. 


Takes   effect  on 
passage. 


Section  1.  Amend  section  21  of  chapter  287  of  the  Public 
Statutes,  as  amended  by  section  1  of  chapter  78,  Laws  of  1907,  and 
section  1  of  chapter  136,  Laws  of  1919  by  adding  at  the  end  of  said 
section  the  following:  Grand  and  petit  jurors  when  attending 
court  away  from  home  shall  be  paid  their  reasonable  expenses  not 
exceeding  three  dollars  per  day,  said  expenses  to  be  audited  and 
allowed  by  the  court,  so  that  said  section  as  amended  shall  read 
as  follows:  Sect,  21.  Grand  and  petit  jurors  shall  be  paid  from 
the  county  treasury  for  each  day's  attendance  four  dollars  each; 
for  travel  to  and  from  court,  each  mile  six  cents.  Talesmen  for 
each  day's  attendance  four  dollars  each.  Grand  and  petit  jurors 
when  attending  court  away  from  home  shall  be  paid  their  reason- 
able expenses  not  exceeding  three  dollars  per  day,  said  expenses 
to  be  audited  and  allowed  by  the  court. 

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


[Approved  April  5,  1923. 


1923]  Chapters  ,32,  33.  45 

CHAPTER  32. 

AN  ACT  TO  Al^THORIZE  THE  GOVERNOR  TO  ACCEI'T   GIFTS   OF   PERSONAL* 
PROPERTY   TO   THE  STATE. 


Section 

1.      Governor    may    accept    gifts    of   per- 
sonalty to  state. 


Section 

2.  Execution    of    iic'essiiry    instr\impnts 

authorized. 

3.  Takes   effect  on   passMfte. 


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

Section  1.     The  governor  is  hereby  authorized  and  empowered  Governor  may 
to  accept  in  the  name  of  the  state  of  New  Hampshire  gifts  of  per-  perlonaUy^to 
sonal  property  made  to  the  state  of  New  Hampshire  or  for  the  ***"**• 
benefit  of  its  inhabitants. 

Sect.  2.  The  governor  may  execute  such  instruments  as  are  E.xecution  of 
necessary  to  carry  out  the  terms  and  conditions  of  gifts  in  trust  str*ifmMits  '" 
of  personal  property  for  the  benefit  of  the  inhabitants  of  the  state,  authorized. 

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

passage. 

[Approved  April  5,  1923.] 


CHAPTER  33. 


AN  ACT  TO  AMEND  SECTION   1   OF   CHAPTER  40  OP  THE  LAWS  OF   1911, 
RELATING  TO  TAXATION   OR  ASSESSMENT  OF  LAND. 


Section 

1.  Property  of  another  municipality 
held  for  water  supply  not  to  be 
taxable,    if  yielding  no   rent. 


Section 

2.      Takes    effect    on    passage. 


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

Section  1.     Amend  section  1   of  chapter  40  of  the  Laws   of  Property  of  an 
1911,  by  adding  after  the  word  ''preceding"  in  the  eighth  line,  uy leirfol"'"' 
the  words :  legal  process  to  acquire  the  same,  or  other,  and  strik-  ^J^^l  taxaiue,""* 
ing  out  the  word  "the,"  so  that  said  section,  as  amended,  shall'''  yielding  no 

'  '  rent. 

read:  Section  1.  Property  held  by  a  city,  town  or  precinct  in 
another  city  or  town  for  the  purpose  of  a  water  supply,  if  yield- 
ing no  rent,  shall  not  be  liable  to  taxation  therein,  but  the  city, 
town  or  precinct  so  holding  it  sliall  annually  pay  to  the  city  or 
town  in  which  such  ])roperty  lies  an  amount  crpial  to  that  which 


4-6  Chapter  34.  [1923 

such  place  would  receive  for  taxes  upon  the  average  of  the  as- 
sessed value  of  such  land  without  buildings  or  other  structures 
for  the  three  years  last  preceding  legal  process  to  acquire  the 
same,  or  other  acquisition  thereof,  the  valuation  for  each  year 
being  reduced  by  all  abatements  thereon ;  but  any  part  of  such 
land  or  buildings  from  which  any  revenue  in  the  nature  of  rent 
is  received  shall  be  subject  to  taxation. 
pl^sige^^''^  ""         Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

[Approved  April  12,  1923.] 


CHAPTER  34. 


AN  ACT  IN  AMENDMENT  OP  CHAPTER  139  OF  THE  LAWS  OP  1919  AS 
AMENDED  BY  CHAPTER  23  OP  THE  LAWS  OP  1921  RELATING  TO  THE 
TAXATION   OP   STREET   RAILWAYS. 


S'KCTION  S'KC'TION 


].  T.Mws  1019,  <•.  139,  as  amended  by 
Laws  1921,  r.  2;!,  amended  lo 
extend  operatinn  of  act  to  Sept. 
15,    1925. 


Repealing    clanse;     takes     effect     on 
passage. 


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

La^vs  1919,  c.  SECTION  1.     Chapter  139  of  the  Laws  of  1919  as  amended  by 

bv  Laws  1921,  •.    cliaptcr  23  of  the  Laws  of  1921  is  hereby  amended  by  striking  out 

e.\ten™Tpe1-at[on    sectiou  4  of  Said  a'ct  as  amended  and  inserting  in  place  thereof 

s^eptl^'is"  1925      the  following:  Sect.  4.     All  acts  and  parts  of  acts  inconsistent 

with  this  act  are  hereby  repealed  and  this  act  shall  take  effect 

upon  its  passage,  and  shall  remain  in  force  until  September  15, 

1925. 

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

takes    eftect   on  ■,-,-,     t  •  iniw 

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

[Approved  April  12,  1923.] 


1923] 


Chaptku  8."). 


47 


CHAPTEK  35. 

AN  ACT  IN  AMENDMENT  OP  CHAPTER  70  OP  THE  LAWS  OF  1921,  ENTIT- 
LED "an  act  IMPOSING  A  TAX  UPON  THE  TRANSFER  AT  DEATH  OP 
THE  PERSONAL  PROPERTY  OF  NONRESIDENTS." 


Section 

1.  In  taxatiun  of  estate  of  nonresident 
decedent,  what  property  to  be 
exempt. 


Section 

2.     Takes  effect  on  passage. 


Be   it   enacted   hy   the  Senate  and  House   of  Bepresentatives   in 
Ge7ieral  Court  convened: 


Section  1.     Section  15  of  chapter  70  of  the  Laws  of  1921  is  in  taxation  of 
hereby  amended  by  adding-  thereto  the  following:  nor  to  the  de-resfden" decadent, 
posits  in  any  bank  or  trust  company  of  a  nonresident  decedent  ^^e^'^e'^jj^^p}''''''^'  '" 
within  the  jurisdiction  of  this  state  at  the  time  of  his,  or  her, 
death,  so  that  said  section  as  amended  shall  read  as  follows : 
Sect.  15.    The  provisions  of  this  act  shall  not  apply  to  the  stock 
or  obligations  of  a  corporation  organized  under  New  Hampshire 
laws,  and  owned  by  a  nonresident,  if,  at  the  time  of  the  death  of 
the  owner  all  the  business  conducted  by  the  corporation  under  the 
authority  of  its  charter  (except  stockholders'  or  directors'  meet- 
ings and  the  duties  performed  by  the  clerk  with  reference  thereto) 
is  actually  carried  on  outside  of  the  state ;  nor  to  the  deposits  in 
any  bank  or  trust  company  of  a  nonresident  decedent  within  the 
jurisdiction  of  this  state  at  the  time  of  his,  or  her,  death. 

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


passage. 


[Approved  April  12,  1923.] 


48 


Chapter  36. 
CHAPTER  36. 


[1923 


AN  ACT  TO  MAINTAIN  THE  PURITY  OP  BUTTER,  CREAM  AND  DAIRY 

PRODUCTS. 


SlOCTION 

1.  In   advertising   or  sale   of   substitute 

for  butter,  no  use  to  be  made  of 
certain  words  to  deceive  pur- 
chaser. 

2.  No  person  shall  munufucture  or  sell, 

etc.,  any  milk,  etc.,  to  which  fat 
other  than  milk  fat  has  been 
added. 


Section 

3.  Violation,    how    punished. 

4.  Prosecutions  to   be  made   under   pi'i 

visions  of   i)ure   food   laws. 

5.  Takes  effect  .luly    1,    1923. 


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


In   advertising  or 
sale    of    substi- 
tute  for  butter, 
no    use    to    be 
made  of  certain 
words    to    de- 
neive   purchaser. 


No  person   sliall 
manufacture   or 
sell,    etc.,    any 
milk,   etc.,    to 
which   fat  other 
than  milk  fat  has 
been   added. 


Violation,    how 
punished. 


Prosecutions    to 
be  made  under 
provisions    of 
pure  food  laws. 

Takes    effect 
Julv    1,    1923. 


Section  1.  No  person,  firm  or  corporation  with  intent  to  de- 
ceive shall  use  in  any  way,  in  connection  or  association  with  the 
sale  or  exposure  for  sale  or  advertisement  of  any  substance  de- 
signed to  be  used  as  a  substitute  for  butter,  the  word  butter, 
cream,  dairy,  cow,  or  the  name  or  representation  of  any  breed  of 
dairy  cattle,  or  any  combination  of  such  word  or  words  and  rep- 
resentation, or  any  other  words  or  syml)ols  or  combination  thereof 
coiuinonly  used  in  the  sale  of  butter. 

Sect.  2.  It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion, by  himself,  his  servant,  or  agent,  or  as  the  servant  or  agent 
of  another,  to  manufacture,  sell  or  exchange,  or  have  in  posses- 
sion with  intent  to  sell  or  exchange,  any  milk,  cream,  ice  cream, 
skim  milk,  buttermilk,  condensed  or  evaporated  milk,  powdered 
milk,  condensed  skim  milk,  or  any  of  the  fluid  derivatives  of  any 
of  them  to  which  has  been  added  any  fat,  or  oil  other  than  milk 
fat,  either  under  the  name  of  said  products  or  articles  or  of  any 
of  the  derivatives  thereof  or  under  any  name  whatsoever. 

Sect.  3.  Whoever  violates  the  provisions  of  this  act  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  or  not 
more  than  five  hundred  dollars  for  each  ofi^ense. 

Sect.  4.  Prosecutions  shall  be  made  upon  complaint  and 
proper  evidence  under  the  provision  made  for  enforcing  the  gen- 
eral pure  food  laws. 

Sect.  5.     This  act  shall  take  efi^ect  on  July  1,  1923. 

[Approved  April  12,  1923.] 


1923] 


Cttapters  37,  38. 
CHAPTER  37. 


49 


AN  ACT  BEJLATIVE  TO  THE  OFFICIAL  BOND  OP  THE  TREASURER  OF  HILLS- 
BOROUGH   COUNTY. 


Section 

1.  Hillsborough  eoiiiity  to  pay  premium 

on    treasurer's    Iiond. 

2.  Premium,    how   to   he   paid. 


Section 

3.      Repealing     clause;     takes     effect     on 
passage. 


Be   it   enacted   hi/   the   Senate   and  House   of   Representativeti  in 
General  CUmrt  convened: 

Section  1.     That  the  county  of  Hillsborough  pay  the  premium  Hillsborough 
(annual  or  otherwise)  on  the  bond  which  the  treasurer  of  Hills- premi"um*"on^*^ 
borough  county  is  by  law  required  to  give  as  a  guarantee  for  the  *^*''*^"'"''''^  ''""•'• 
faithful  performance  of  his  duties. 

Sect.  2.     The  aforesaid  premium  or  premiums  shall  be  paid  Premium,  how 
through  an  order,  drawn  for  the  purpose,  by  a  majority  of  the  '°  ''^  ^""^' 
board  of  county  commissioners  of  said  Hillsborough  county,  on 
the  treasurer  of  said  Hillsborough  county. 

Sect.  3.     All  acts  and  parts  of  acts  inconsistent  with  this  act  Repealing 
are  hereby  repealed  and  this  act  shall  take  effect  upon  its  passage.  etre"ron  *pas-^ 

sage. 

[Approved  April  12,  1923.] 


CHAPTER  38. 


AN  ACT  IN  AMENDMENT  OP  CHAPTER  55  OP  THE  LAWS  OF  1919  AS 
AMENDED  BY  CHAPTER  120  OF  THE  LAWS  OF  1921  RELATING  TO  PER- 
MIT PEES  ON  MOTOR  VEHICLES. 


Skction 

1.  County  treasurers  to  issue  permits 
to  persons  residing  in  unincor- 
porated places;  fees  to  be  for  use 
of  county ;  fee  of  county  treas- 
urer. 


Section 

2.     Takes  effect  on  passage. 


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


Section  1. 


Amend  chapter  55  of  the  Laws  of  1919  as  amended  County  treas- 
urers to  issue 


by  chapter  120  of  the  Laws  of  1921  by  inserting  a  new  section  7,  permits  to  per- 
and  renumbering  the  sections  of  said  act  from  section  7,  said  newiiruni^ncorporated 
section  7  to  read  as  follows:  Sect.  7.  County  treasurers  shall  re- I'l.'^ToV  usfot" 
ceive  permit  fees  and  issue  permits  under  this  ('hai)ter  to  ix'fsoiis  ,'.H|'|"|'^,' J||g^°4,. 


50 


Chapter  39. 


[1923 


Takes  effect  on 
passage. 


residing  in  unincorporated  places  in  any  county.  Such  permit 
fees  shall  be  for  the  use  of  the  county  in  which  such  unincor- 
porated place  is  situate,  except  that  the  county  treasurer  shall 
be  entitled  to  receive  therefrom  twenty-five  cents  for  each  permit 
issued. 

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

[Approved  April  12,  1923.] 


CHAPTER  39. 


AN  ACT  FOR  THE  PROTECTION  OF  WOODLANDS  FROM  FIRE  DURING  PERIODS 
OF   PROTRACTED   DROUGHT. 


Section 

1.  Governor  and  council  may  close 
woodlands  to  hunters  and  fisher- 
men  during  periods  of   drought. 


Section 

2.      Penalty    for    violation, 
ii.      Repeal   of   Law.s   1909,   c   59;    takes 
effect    on    passage. 


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


Governor    and 
council  may  close 
woodlands   to 
hunters  and 
fishermen  during 
periods  of 
drought. 


Penalty    for 
violation. 


Repeal    of    Laws 
1909,    c.   59; 
takes     effect     on 
passage. 


Section  1.  The  governor  and  council,  upon  the  joint  recom- 
mendation of  the  fish  and  game  commissioner  and  the  state  for- 
ester, when  in  their  opinion  the  danger  of  starting  fires  in  the 
woodlands  of  the  state  during  periods  of  protracted  drought  or 
excessive  dryness  requires  extraordinary  precautions,  by  official 
proclamation  posted  and  promulgated  through  the  newspapers 
of  the  state  may  declare  any  and  all  sections  of  the  woodlands  of 
the  state  closed  to  hunters,  fishermen  and  such  other  persons  as 
they  may  deem  proper  under  the  circumstances,  for  such  time  as 
they  may  designate. 

Sect.  2.  Any  person  who  shall  violate  any  order  of  the  gov- 
ernor and  council  made  hereunder  shall  be  punished  by  a  fine  of 
fifty  dollars  and  costs. 

Sect.  3.  Chapter  59  of  the  Laws  of  1909  is  hereby  repealed 
and  this  act  shall  take  effect  upon  its  passage. 

[Approved  April  12,  1923.] 


1923] 


Chapter  40, 
CHAPTER  40. 


51 


AN  ACT  TO  CHANGE  THE  NAME  OP  NELSON  ALDRICH   EDGELL  TO  THAT 
OP   STEPHEN    MAURICE  EDGELL. 


Section 

1.     Name     of  Nelson      Aldrich      Edgell 

changed  to      that      of      Stephen 

Maurice  Edgell. 


Skction 

2.     Takes  effect  on   passage. 


Whereas  on  the  twenty -ninth  day  of  Oetnl)er,  A.  D.  1915,  there 
was  born  in  the  town  of  Warwick,  state  of  Rliode  Island,  to 
.Stephen  Maurice  Edgell  and  Elsie  Aldricli  Edgell,  both  of  New- 
port, in  the  county  of  Sullivan,  and  state  of  New  Hampshire,  a 
son  who  was  given  the  name  of  Nelson  Aldrich  Edgell ;  and 

Whereas  the  father,  Stephen  Maurice  Edgell,  died  on  the 
twenty-first  day  of  June,  1921,  leaving  property  which,  l)y  in- 
heritance descended  to  his  said  son.  Nelson  Aldrich  Edgell ;  and 

Whereas  out  of  respect  and  love  for  the  memory  of  her  late 
husband,  the  said  Elsie  Aldrich  Edgell  desires  to  have  the  name 
of  her  son  changed  to  that  of  his  father,  Stephen  Maurice  Edgell, 
now  therefore 


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

Section  1.     That  the  name  of  Nelson  Aldrich  Edgell  be,  and  Name  of  Nelson 

,.         ,  ,  ^         1  -.^  •T-iini  1  i?         Aldrich   Edgell 

hereby  is,  changed  to  Stephen  Maurice  Edgell,  the  same  hereafter  changed  to  that 

.      1       1   .     1  n    1  of    Stephen 

to  be  his  lawful  name.  Maurice  Edgell. 

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

passage. 

[Approved  April  12,  1928.] 


Chapter  41. 
CHAPTER  41. 


[1923 


AN  ACT  TO  PROVIDE  FOR  A  REVISION  OP  THE  PUBLIC  LAWS. 


Commission   to 
revise  public  laws 
to  be  appointed 
by  governor   and 
council ;    com- 
pensation ;    gov- 
ernor may  enter 
into    contract 
for   the   work. 


Secretary    of 
commission  ; 
stenographic    as- 
sistants;   sup- 
plies;   authority 
to    contract    for 
printing,    bind- 
ing   and    index- 
iiig  its  report; 
office    for    com- 
mission. 


Appropriations. 


Section 

Commission  to  revise  public  laws 
to  be  appointed  by  governor  and 
council;  compensation;  governor 
uuiy  enter  into  contract  for  the 
work. 


Skotion 

2.  Secretary  of  commission;  steno- 
graphic assistants ;  supplies ;  au- 
thority to  contract  for  jjrinting, 
binding  and  indexing  its  report; 
office    for    commission. 

n.      Appropriations. 

4.      Takes   effect  on   passage. 


lie   it   enacted   by   the   Senate   and  House   of  Representatives   in 
iieneval  Court  convened: 

Section  1,  The  governor  with  the  advice  of  the  council  shall 
as  soon  as  may  be  appoint  a  commission  consisting  of  three  per- 
sons learned  in  the  law  whose  duty  it  shall  be  to  revise,  codify 
and  amend  the  public  laws  of  this  state  now  in  force,  including 
those  of  the  present  session,  and  arrange  the  same  according  to 
the  form  and  order  of  the  Public  Statutes  as  far  as  they  deem 
wise,  and  prepare  the  same  for  publication  before  the  next  session 
of  the  legislature  and  make  report  to  said  session.  The  governor 
with  the  advice  of  the  council  shall  have  authority  to  fill  any 
vacancy  occurring  in  said  commission.  The  compensation  of  said 
commissioners  shall  be  fixed  by  the  governor  and  council  and 
they  shall  be  entitled  to  receive  reimbursement  for  their  expenses. 
Instead  of  causing  such  revision,  codification  and  amendment  to 
be  made  by  a  commission  as  above  provided,  the  governor  with 
the  advice  of  the  council  is  authorized  if  in  their  judgment  sucli 
action  may  be  for  the  best  interests  of  the  state  to  enter  into  a 
contract  with  a  corporation  engaged  in  such  business  and  quali- 
fied therefor  to  revise,  codify  and  amend  the  public  laws  in  the 
manner  above  specified  and  prepare  the  same  for  pul)lication 
and  report  to  the  next  session  of  the  legislature ;  and  in  eonnec- 
tion  with  such  contract  to  fix  the  terms  and  conditions  thereof 
and  the  price  to  be  paid  for  such  work. 

Sect.  2.  Said  commission  may  appoint  a  secretary  and  pre- 
scribe his  duties;  may  employ  such  stenographic  and  other  as- 
sistants as  they  may  require ;  and  may  fix  the  compensation  of 
such  secretary  and  such  stenographic  and  other  assistants,  sub- 
ject to  the  approval  of  the  governor  and  council.  Said  commis- 
sion is  authoHzed  to  purchase  supplies  and  with  the  approval 
of  the  governor  and  council  to  contract  for  printing  and  binding 
its  report  and  for  making  an  index  thereof.  They  shall  be  as- 
signed suitable  office  space  in  the  state  house  or  state  library 
l>uilding. 

Sect.  3.  The  sum  of  four  thousand  doUai-s  for  tlie  fiscal  year 
1922-1923,  and  tlie  sum  of  tliirteeu  tlioiisand  dollars  I'or  cacli  of 


1923] 


Chapter  42. 


53 


the  fiscal  years  1923-1924  and  1924-1925  are  hereby  appropriated 
for  the  purposes  of  this  act  out  of  any  moneys  in  the  treasury  not 
otherwise  appropriated;  and  any  sum  not  expended  in  either  of 
the  first  two  years  may  be  added  to  the  appropriation  for  the 
subsequent  years. 

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

passage. 

[Approved  April  20,  1923.] 


CHAPTER  42. 


AN  ACT  IN  AMENDMENT  OF  SECTION  14  OP  CHAPTER  192  OP  THE  PUBLIC 
STATUTES  RELATING  TO  THE  REPORTS  OF  COMMISSIONERS. 


Skution 

1.  Commissioners'  reports  to  contain 
post-oifice  address  of  all  persons 
whose   claims   are   reported   on. 


Section 

2.      Takes   effect   on   passage. 


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


„„  claims  are   re- 
'**'  ported   on. 


Section  1.  Amend  section  14  of  chapter  192  of  the  Public  commissioners' 
Statutes  by  adding  thereto  after  the  word  "thereon"  in  the  last  ^i^n"^ post-office 
line  the  following:  together  with  the  post-office  address  of  all  perso*^s  who^s" 
persons  whose  claims  are  reported  on,  so  that  said  section 
amended  shall  read  as  follows :  Sect.  14.  At  the  end  of  the  time 
limited  in  the  commission,  the  commissioner  shall  make  his  report 
to  the  probate  office,  and  present  a  list  of  all  the  claims  presented 
for  allowance,  and  the  amounts  allowed  thereon,  together  with 
the  post-office  address  of  all  persons  whose  claims  are  reported  on. 

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


Takes  effect  on 
passage. 


[Approved  April  20,  1923.] 


54 


Chapter  43. 


[1923 


CHAPTER  43. 

AN  ACT  IN  AMENDMENT  OF  SECTION  1  OP  CllAI'TER  193  OF  THE  PUBLIC 
STATUTES  RELATING  TO  THE  ACCEPTANCE  OF  COMMISSIONERS' 
REPORTS. 


Section 

1.  Register  of  probate  to  notify  cred- 
itor of  any  disallowanee  of  claim 
and  the  time  for  taking  appeal; 
dissatisfied  creditor  may  appeal 
from   commissioner. 


Section 

2.     Takes  effect  on    passage. 


Be   it   enacted   hy   the   Senate  a7id   House   of  Representatives   in 
General  Court  convened: 


Register  of 
probate  to  notify 
creditor  of  any 
disallowance   of 
claim    and    the 
time  for  taking 
appeal :    dissatis- 
fied   creditor 
may  appeal  from 
commissioner. 


Takes     effect     on 
passage. 


Section  1.  Amend  section  1  of  chapter  193  of  the  Public 
Statutes  by  striking  out  all  of  the  same,  and  substituting  in  place 
thereof  the  following:  Section  1.  Forthwith  after  the  accept- 
ance of  the  commissioner's  report,  the  register  of  probate  shall 
send  by  registered  mail  to  each  creditor,  whose  claim  has  been 
disallowed  in  whole  or  in  part,  a  notice  which  shall  state  the 
date  on  which  said  report  was  accepted  and  the  action  taken 
by  the  commissioner  on  such  creditor's  claim,  and  that  thirty 
days  from  the  date  of  said  notice  is  allowed  said  creditor  from 
which  to  take  an  appeal.  Any  creditor  dissatisfied  with  the  de- 
cision of  the  commissioner  upon  the  claim  by  him  exhibited  may 
appeal  therefrom,  by  petition  to  the  judge,  tiled  in  the  probate 
office  within  thirty  days  from  the  date  of  such  notice,  and  shall  file 
therewith  a  declaration  in  proper  form  upon  his  claim. 

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

[Approved  April  20,  1923.] 


1923] 


Chapters  44,  45. 
CHAPTER  44. 


55 


AN  ACT  DECLARING  PUMPS  AND  TANKS  EMPLOYED  IN  THE  DISTRIBUTION 
AND  SALE  OF  GASOLINE  AND  OTHER  MOTOR  VEHICLE  FUELS  TO  BE 
SUBJECT   TO   TAXATION. 


Section 

1.  Pumps  and  tanks  for  sale  of  gaso- 
line to  be  taxable  in  town  where 
kept. 


Section 

2.      Takes   effect   on    passage. 


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

Section  1.     Pumps  and  tanks  employed  in  the  distribution  and  Pumps  and 
sale  of  gasoline  and  other  motor  vehicle  fuels  shall  be  taxed  as  of  gasoiine'"'to 
personal  property  in  the  town  where  they  are  kept  to  the  owner  town^^'where'" 
or  person  having  the  care  thereof  on  the  first   day   of  April,  ^^^^^- 
whether  such  person  be  a  resident  in  the  town  or  not;  and  the 
consent  of  the  person  having  such  care  to  be  taxed  for  the  same 
shall  not  be  necessary,  but  he  shall  have  a  lien  on  such  property 
for  the  amount  of  the  tax  paid  by  him. 

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


passage. 


[Approved  April  20,  1923.] 


CHAPTER  45. 

AN  ACT  TO  CHANGE  THE  NAME  OF  JOHN  YOUNG  POND  IN  LYMAN. 

Section  ..Section 

1.     Name  of  John  Young  Pond  changed.     |        2.     Takes   eft'ect   on    passage. 

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


Section  1.     That  the  name  of  John  Young  Pond  in  Lyman  be  Name  of  John 
and  hereby  is  changed  to  Ogontz  Lake.  rfTalTgld^""*^ 

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

jiassage. 

[Approved  April  20,  1923.] 


56 


Chapter  40. 


1923 


CHAPTER  46. 


AN  ACT  FOR  THE  PUNISHMENT  OF  PERSONS  ISSUING  WORTHLESS  CHECKS. 


Skction 

1.  Uttering  of  cliefk  without  sufficient 
funds  ;uul  tliereby  obtaining 
money  or  property,  when  con- 
stitutes   hirceny. 


Skction 

2.  Penalty    for   violation    of   act. 

3.  Takes  effect   on   passage. 


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


uttering    of 
check    without 
sufficient   funds 
and     thereby 
obtaining   money 
or    property, 
when    constitutes 
larceny. 


Penalty   for 
violation  of  act. 


Takes  effect   on 
passage. 


Section  1.  Whoever,  with  intent  to  defraud,  makes,  draws, 
utters  or  delivers  any  check,  draft  or  order  for  the  payment  of 
money  upon  any  bank  or  other  depository,  without  sufficient 
funds  or  credit  at  such  bank  or  other  depository  for  the  pay- 
ment of  such  instrument,  shall  be  guilty  of  attempted  larceny, 
and  if  money  or  property  is  obtained  thereby  shall  be  guilty  of 
larceny.  As  against  the  maker  or  drawer  thereof,  the  making, 
drawing,  uttering  or  delivery  of  such  a  check,  draft  or  order,  pay- 
ment of  which  is  refused  by  the  drawee,  shall  be  prima-facie 
evidence  of  intent  to  defraud  and  of  knowledge  of  insufficient 
funds  in,  or  credit  with,  such  bank  or  other  depository  unless 
the  maker  or  drawer  shall  have  paid  the  holder  thereof  the  amount 
due  tliereon,  together  with  all  costs  and  protest  fees,  within 
ten  days  after  receiving  notice  that  such  check,  draft  or  order 
has  not  been  paid  by  the  drawee.  The  word  "credit,"  as  used 
lierein,  shall  be  construed  to  mean  an  arrangement  or  under- 
standing with  the  bank  or  depository  for  the  payment  of  such 
clieck,  draft  or  order. 

Sect.  2.  Any  person  convicted  of  any  offense  mentioned  in 
the  above  section,  shall  be  fined  not  exceeding  two  liundred 
dollars  ($200)  or  be  imprisoned  not  exceeding  one  year  or  both. 

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


[Approved  April  20,  1923.] 


1923] 


Chapter  47. 
CHAPTER  47. 


57 


AN  ACT  TO  REQUIRE  THE  TEACHING  OF  THE  CONSTITUTIONS  OF  THE 
UNITED  STATES  AND  OF  NEW  HAMPSHIRE  IN  THE  PUBLIC  AND  PRIVATE 
SCHOOLS. 


Section 

1.  Courses  of  instruction  to  be  giviii 
in  thu  constitution  of  the  United 
States  and  constitution  of  this 
state. 


Section 

2.      In   what  grades   and   to   what   classes 
courses  to  be  given. 


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

Section  1.     Amend  Laws  of  1921,  chapter  85,  part  IT,  section  courses  of 
2,  by  striking  out  these  words  ''that  the  prescribed  textbooks  be  given  in  the 
are  used,  and  that  the  constitutions  of  this  state  and  of  the  United  the\jnUed"s'tates 
States  are  read  aloud  at  least  once  in  each  year  of  the  last  course  of  *^thil°\*tate.'"" 
below  the  high  school"  and  inserting  therefor  the  following:   In 
all  public  and  private  schools  located  within  the  state  of  New 
Hampshire,  commencing  with  the  school  year  next  ensuing  after 
the  passage  of  this  act,  there  shall  be  given  regular  courses  of 
instruction  in  the  constitutions  of  the  United  States  and  of  this 
state,  so  that  said  section  as  amended  shall  read :     Sect.  2.    The 
school  board  shall  see  that  the  studies  prescribed  by  the  state 
board  of  education  are  thoroughly  taught,  especially  physiology 
and  hygiene  in  so  far  as  it  relates  to  the  effect  of  alcohol  and 
narcotics  on  the  human  system.    In  all  public  and  private  schools 
located  within  the  state  of  New  Hampshire,  commencing  with 
the  school  year  next  ensuing  after  the  passage  of  this  act,  there 
shall  be  given  regular  courses  of  instruction  in  the  constitutions 
of  the  United  States  and  of  this  state.    Any  member  of  the  board 
who  neglects  or  refuses  to  comply  Avith   tlie  provisions  of  this 
section  shall  forfeit  two  Inmdred  dollars. 

Sect.  2.     Such  instruction  in  the  constitutions  of  the  United  in  what  grades 
States  and  of  this  state  shall  begin  not  later  than  the  opening  classes  courses 
of  the  eighth  grade  and  sliall  continue  in  the  high  school  course  ^  '"'  ^'^^"' 
to  an  extent  to  be  determined  by  the  state  board  of  education. 


[Approved  April  20,  1923.; 


58  Chapters  48,  49.  [1923 

CHAPTER  48. 

AN   ACT   TO   PROVIDE  FOR  INCREASE  OP   SALARY   EOR  SHERIFF   OF 
HILLSBOROUGH   COUNTY. 

SjfiCTiON  I   Section 

1.      Salary  to  be  $1,000  annually.  2.      Rejieiiling  clause;   takes  effect  as  of 

I  April   1,   1923. 

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

Salary  to  be  SECTION  1.     The  aiHiual  Salary  of  the  shei-iff  of  Hillsborough 

county  shall  be  one  thousand  dollars  ($1,000). 
Repealing  clause;       Sect.  2,     All  acts  and  pai'ts  of  acts  inconsistent  with  this  act 

takes  effect  as  ,     _  . 

of  April  1,  1933.  arc  hereby  repealed  and  upon  its  passage  this   act  shall  take 
effect  as  of  April  1,  1923. 

[Approved  April  20,  1923.] 


CHAPTER  49. 

AN    ACT   RELATING   TO   THE  SALARY   OF   THE   TREASURER   OF 
HILLSBOROUGH    COUNTY. 


Section 

1.      Salary    of    treasurer   of    Hillsborough 
county  to  be  $1,000. 


Section 

2.      Roiiealinj;     clausi';     takes     eft'ect     as 
of    April    1,    1921. 


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

Salary  of  SECTION  1.     Amend   scctiou   19   of  chapter  286   of  the   Pultlic 

KCough         Statutes,  as  amended  by  section  1,  chapter  4,  Laws  of  1899,  sec- 
I'l^o^oo.  '"  ^^       <^i^'"  "■'  chapter  48,  Laws  of  1907,  and  section  1,  cliaptcr  88,  Laws 
of  1909,  by  striking  out  tlie  ninth  line  of  said  section  and  insert- 
ing in  place  thereof  the  following: 

In  Hillsborough,  ten  hundred  dollars. 
Repealing  clause;      Sect.  2.     All  acts  Or  parts  of  acts  inconsistent  with  this  act 

takes    effect    as  ,'. 

of  April  1,  1921.  are  hereby  repealed  and  this  act  shall  be  retroactive  and  upon 
its  passage  shall  take  effect  as  of  April  1,  1921,  and  the  treasurer 
of  said  county  who  held  office  during  the  period  April  1,  1921,  to 
April  1,  1923,  shall  be  paid  the  increase  provided  for  by  this  act 
for  such  period. 

[Approved  April  27,  1923.] 


1923] 


Chapter  50. 
CHAPTER  50. 


59 


AN   ACT  RELATING  TO  THE  SALE  OF   FARM   I'RODUCE. 


SlOt'TlON 

1.  Sale    and   shipment   of   farm  produce 

in      standard     boxes     authorized; 
size   of  boxes  prescribed. 

2.  Falsely      representing      box      to      be 

standard   box,    how   punished. 


Skction 

3.  Connnissioner    of    weights    and   meas- 

ures   to    enforce    act. 

4.  Repealing    clause;     takes    effect    on 

passage. 


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

Section  1.     Hereafter  it  shall  he  lawful  for  farm  produce  to  «aie  and  ship- 

TVT  TT  1  •  i.  '^^^^   ^'f   farm 

he  sold  m  New  Hampshire  or  shipped  from  New  Hampshire  at  produce  in 
either  wholesale  or  retail  in  so-called  standard  hoxes,  in  original  authorized; 
or  unbroken  form,  and  such  standard  boxes  shall  ccmtain  two  pre^c^bed"^^^ 
thousand  one  hundred  sixty-two  and  eighty-nine  one-luindredths 
cubic  inches  and  shall  be  of  the  following  dimensions  1)y  inside 
measurements:  seventeen  and  one-half  inches  in  length  l)y  seven- 
teen and  one-half  inches  in  width  and  seven  and  one-sixteenth 
inches  in  depth.  The  New  Hampshire  standard  half  box  for 
farm  produce  sold  at  wholesale  or  retail  shall  contain  one  thou- 
sand eighty-one  and  fifty-five  one-hundredths  cubic  inches  and 
shall  be  of  the  following  dimensions  by  inside  measurements: 
twelve  and  three-eighths  inches  in  length  by  twelve  and  three- 
eighths  inches  in  width  and  seven  and  one-sixteenth  inches  in 
depth.  When  the  above  specified  boxes  are  made  of  wood  the 
ends  shall  be  not  less  than  five  eighths  of  an  inch  in  thickness 
and  the  sides  and  bottom  not  less  than  three  eighths  of  an  inch 
in  thickness.  All  such  boxes  and  half  boxes  of  the  dimensions 
specified  herein  shall  be  marked  on  at  least  one  outer  side  in 
bold,  lincondensed  capital  letters,  not  less  than  one  inch  in 
height :  STANDARD  BOX  FARM  PRODUCE  and  STANDARD 
HALF  BOX  FARM  PRODUCE,  respectively.  Except  as  above 
pi-ovided,  farm  produce  sliall  be  sold  at  wholesale  or  retail  by 
avoirdupois  weight,  measure  or  numerical  count. 

Sect.  2.     Whoever  represents,  by  marking  or  otherwise,  any  Faiseiy  repre 
box  or  half  box  to  be  a  standard  box  or  standard  half  box  for  iie  standard 
the  sale  of  farm  produce  at  wholesale  or  retail,  unless  such  box  punished, 
or  half  box  complies  with  every  specification  and  requirement  of 
this  act,  shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Sect.  3.     The  commissioner  of  weights  and  measures,  his  in-  Commissioner 

.    .  PI-  "^   weights   and 

spectors  and  helpers  shall  enforce  the  provisions  of  this  act.        measures  to 

Sect.  4.     All  acts  or  parts  of  acts  inconsistent  with  this  act  Repealing 
are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage.  g'Ccf  on^'^^^ 


[Approved  April  27,  1923.] 


60 


Chapters  51,  52. 


[1923 


Salmciii    ftsliinjj; 
in    Big   Diamond 
Pond     regulated. 


Repealing 
claui-o:    takes 
effect    on 
l)ass;ige. 


CHAPTER  51. 

AN  ACT  IN  AMENDMENT  OP  SUBDIVISION   (b),  SECTION  28,  CHAPTER  I'S'.i, 
LAWS  OF   1915,    RELATING   TO   PISH   AND   GAME. 

Section  |   Skctiox 

1.      Salmon      fishing      in      Big     Diamond  2.      Repealing     chinse;     lakes     elleil     on 

Pond    regulated.  |  passage. 

Bo  it   enacted   by   the  Seiuitc   and  House   of  Represenialivcs   in 
General  Court  convened: 

Section  1.  Amend  sul)division  ())),  section  28,  e]iai)ter  133, 
Laws  of  1915,  by  adding  at  the  end  thereof  the  following:  Ex- 
cept that  salmon  of  not  less  than  ten  inches  in  length  may  be 
taken  and  possessed  from  the  waters  of  Big  Diamond  Pond  in 
the  county  of  Coos  from  May  twentieth  to  September  first  of  any 
year,  so  that  said  subdivision  as  amended,  shall  read  as  follows : 
(b)  Salmon  not  less  than  fifteen  inches  in  length  may  be  taken 
and  possessed  from  April  fifteenth  to  September  first.  Except 
that  salmon  of  not  less  than  ten  inches  in  length  may  be  taken 
and  possessed  from  the  waters  of  Big  Diamond  Pond  in  the 
county  of  Coos  from  May  twentieth  to  September  first  of  any 
year. 

Sect.  2.  All  acts  or  parts  of  acts  inconsistent  with  this  act 
are  herel)y  repealed  and  this  act  slmll  take  effect  upon  its  passage, 

[Approved  April  27,  1923.] 


CHAPTER  52. 


AN    ACT   TO   regulate  THE  SHIPMENT   OP    LIVE   STOCK. 


1.  Carriers   not   to    transport   live   stock 

without   separation    of   each   kind. 

2.  "tipper   decks"    when    authorized. 

3.  Removal   of   diseased   or   injured   ani- 

mals   and   caroasses   of   dead    ani- 
mals. 


4.      Transi)ortati()n     of     cnttle     reactiiif! 

to    tuherculin    test. 
.").      Penalty  for   violation   of   act. 
(i.      Commissioner    of    agriculture    lo    en 

force   act. 
7.     Takes  effect   on   passage. 


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


Carriers  not  to  SECTION  1.     No  person  shall  ship,  nor  shall  anv  common  carrier 

transport  live  ^             .       .              . 

stock  without  transport  live  stock  within  this  state  in  mixed  carloads  unless 

eacii  "kind.  different  kinds  of  stock  shall  be  separated,  each  kind  from  the 


1923]  Chapter  52,  61 

other,  l)y  strong  partitions,  provided,  however,  tliat  milch  cows 
may  be  shipped  not  exceeding  three  calves  for  one  cow,  and 
sheep  may  be  shipped  with  calves. 

Sect.  2.     Live  stock  shall  not  be  transported  in  "upper  decks"   tipper  decks" 
unless  such  decks  are  constructed  with  tight  tioors  of  adequate  "''*'"  authorized, 
strength. 

Sect.  3.     Animals  found  to  be  so  far  diseased   or  so   l)adly  Removal  of  dis 
injured  as  to  be  unable  to  stand,  and  the  carcasses  of  any  wbicli  a^ilmai^  and'"^'' 
may  die  or  are  killed  because  of  disease  or  injuries,  nuiy  be  re-  rtelT'^fmiinais 
moved  from  the  car,  reshipped  or  otherwise  disposed  of  in  ac- 
cordance with  rules  and  regulations  of  the  state  board  of  health. 

Sect.  4.     Cattle  which  have  reacted  to  tuberculin  test  shall  Transportation 
not  be  shipped,  transported,  received  for  transportation,  or  other-  to  ''tnbercuiiu 
wise  moved  for  immediate  slaughter,  unless  the  following  condi- 
tions and  restrictions  are  complied  with  : 

1.  The  cattle  shall  be  shipped,  transported,  or  moved  to  an 
establishment  or  a  public  stockyard  where  state  or  federal  in- 
spection is  maintained  and  shall  there  be  slaughtered  under  such 
inspection. 

2.  The  cattle  shall  be  marked  for  identification  by  branding 
the  letter  T  on  the  left  jaw,  not  less  than  two  nor  more  than 
three  inches  high,  and  attaching  to  the  left  ear  a  metal  tag  bear- 
ing a  serial  number  and  the  inscription  Reactor. 

3.  The  cattle  shall  be  accompanied  to  destination  by  a  certifi- 
cate issued  by  the  state  department  of  agriculture  or  bureau  of 
animal  industry. 

4.  The  transportation  companies  shall  plainly  write  or  stamp 
upon  the  face  of  waybills,  conductors'  manifests,  and  memoranda 
pertaining  to  such  shipment  the  words  Tuberculous  Cattle. 

Sect.  5.     Any  person,  company  or  corporation  knowingly  vio-  Penalty  for 
lating  any  provision  of  this  act  shall  be  fined  not  exceeding  five  Icl^  '°" 
hundred  dollars  ($500)  for  each  offense. 

Sect.  6.     The    state    commissioner  of    agriculture,    either    by  Commissioner 
himself  or  his  agents,  shall  have  authority  to  enforce  the  provi-  ti  efforci'^Jct. 
sions  of  this  act  and  for  that  purpose  may,  without  expense  to 
the  state,  designate  as  his  agent  or  agents  any  officers  or  agents 
of  the  society  for  the  prevention  of  cruelty  to  animals. 

Sect.  7.     This  act  shall  take  effect  upon  its  ])assagp.  Takes  effect  on 

1  o  passage. 

[Approved  April  27,  1!)23.] 


62 


Chapters  53,  54. 


[1923 


CHAPTER  53. 

AN  ACT  TO  AMEND  PARAGRAPH  (a)  SECTION  16,  CHAPTER  13,  LAWS  OP 
1915,  AS  AMENDED  BY  SECTION  11,  CHAPTER  152,  LAWS  OF  1919, 
RELATING  TO  GRAY  SQUIRRELS. 


Section 

1.     Time    for    protection   of    gray    squir- 
rels extended  to  Oct.   1,   1929. 


Skction 

2.      Repealing     clause;     takes    effect    on 
passage. 


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


Time    for   pro- 
tection   of   gray 
squirrels     ex- 
tended  to   Oct. 
1,     1929. 


Repealing 
clause:    takes 
etfect  on 


Section  1.  Amend  paragrapli  (a)  of  seotion  Ifi,  chapter  133, 
Laws  of  1915  as  amended  by  section  11,  chapter  152,  Laws  of 
1919,  by  striking  out  the  figures  ^'1924,"  after  the  figure  "1," 
in  the  first  line  and  inserting  in  the  place  thereof  the  figures 
1929,  so  that  said  paragraph  (a)  as  amended  shall  read  as 
follows:  Sect.  16.  (a)  After  October  1,  1929,  gray  squirrels 
may  be  taken  for  food  and  possessed  from  October  first  to  Novem- 
ber first.  The  owner  of  farm  lands  may  take  at  any  time  and  in 
any  number  gray  squirrels  which  are  doing  actual  and  sub- 
stantial damage  to  his  annual  crops.  There  shall  be  no  open 
season  on  gray  squirrels  within  the  thickly  settled  part  of  any 
village  or  city,  or  within  the  limits  of  any  public  park  or  cemetery. 

Sect.  2.  All  acts  or  parts  of  acts  inconsistent  with  this  act 
are  hereby  repealed  and  this  act  shall  take  effect  on  its  passage. 


[Approved  April  27,  1923.] 


CHAPTER  54. 


AN    ACT   RELATING   TO   ANTWERP   OR   HOMING   PIGEONS. 


Suction 

1.  Antwerp  or  homing  pigeons  not  to 
be  taken  if  Itearing  distinguisliing 
mark;  such  marking  not  to  be 
removed. 


Suction 

2.      Penalty   for   violation. 
?<.     Takes   effect   on    passage. 


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


Antwerp  or  SECTION  1.     No  person  sliall  take  or  interfere  with  any  Ant- 

noT'to  b'e^Trken    wcrp  Or  lioming  pigeon  having  the  name  of  its  owner  stamped 
t^ngufshilfg  '"'**      upon  its  wing  or  tail  or  wearing  a  ring  or  seamless  leg  l)and  with 


1923] 


Chapter  55. 


63 


its  registered  number  stainixnl  tliei-eon,  or  any  other  distinguish-  mark:  sueu 

°  ,...,.  iiiiirkiiis  not  to 

ing  mark;  nor  shall  any  pei-son  i-cinove  any  such  distinguishing  be  rpmove.i. 
mark  from  any  such  pigeon. 

Sect.  2.     Any  violation  of  this  act  shall  be  punishable  by  a  Penalty   for 

-,.  „,.^        ,    ,,  violation. 

fine  not  exceeding  fifty  dollars. 

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


passage. 


[Approved  April  27,  1923.] 


CHAPTER  55. 


AN   ACT   TO   AMEND   THE   PRIMARY   AND   ELECTION   LAWS. 


Skction 

1.  Primary     election     petitions,      when 

conflicting,  to  be  returned  to 
candidate;  supplementary  peti- 
tions. 

2.  Declarations   of    candidacy    and    pri- 

mary petitions,  when  to  be  filed 
with  secretary  of  state. 


Section 

3.  Nomination  papers,  when  to  be 
filed  with  secretary  of  state;  after 
nomination  or  filing  no  with- 
drawal of  candidate  allowed ; 
procedure  on  death  of  candidate 
after  nomination  or  filing. 


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


Section  1.     Amend  paragraph  (5),  section  8,  chapter  153,  Laws  Primary  election 
of  1909,  as  inserted  by  section  4,  chapter  179,  Laws  of  1913,  conmctfng,^^  to" 
as    amended    by    chapter    95,    Laws    of    1921,    by    striking    out  eandfdater  sup- 
the  word  "twenty-one"  in  the  tenth  line  and  inserting  in  place  }',|r,X"ns*'' 
thereof   the    word   thirty-five,    and    by    striking    out    the    word 
"twenty-four"  in  the  twelfth  line  and  inserting  in  place  thereof 
the  word  thirty-eight,  so  that  said  paragraph  as  amended  shall 
read  as  follows:    (5)  In  case  a  voter  has  signed  two  or  more  con- 
flicting primary  petitions,  all  such  conflicting  petitions  shall  be 
rejected.    The  officer  with  whom  primary  petitions  are  filed  shall 
immediately,  on  their  receipt,  proceed  to  examine  the  same,  and 
ascertain  whether  they  conform  to  the  provisions  of  this  law.    If 
found  not  to  conform  thereto,  or  to  be  conflicting,  he  shall  then 
and  there  in  writing  on  said  petition  state  the  reason  why  such 
petition  cannot  be  accepted,  and  shall  within  twenty-four  hours 
return  the  same  to  the  candidate  in  whose  behalf  it  was  filed.    In 
such  case,  supplementary  petitions  may  be  filed,  but  not  later 
than  thirty-five  days  before  the  primary  for  those  to  be  filed  with 
the  secretary  of  state,  and  all  others  thirty-eight  days. 

Sect.  2.     Amend  paragraph  (7),  section  8,  chapter  153,  Laws  Dec^arations^^o^f 
of  1909,  as  inserted  by  section  4,  chapter  179,  Laws  of  1913,  as  primary  peti- 


64 


Chapter 


[1923 


tions,   when  to 
be   filed    with 
secretary     of 
state. 


to 


Nomination 
papers,    when 
be  filed  with 
secretary  of 
state ;    after 
nomination     or 
filing  no  with- 
drawal of   candi 
date    allowed ; 
procedure    on 
death  of  candi- 
date   after 
nomination    or 
filing. 


amended  by  chapter  95,  Laws  of  1921,  by  striking  nut  the  word 
''twenty -four"  in  the  second  line  thereof  and  inserting  in  place 
thereof  the  word  thirty-five,  and  by  striking  out  the  word 
"twenty -seven"  in  the  third  line  and  inserting  in  place  thereof 
the  word  forty,  so  that  said  paragraph  as  amended  shall  read  as 
follows:  (7)  Declarations  of  candidacy  and  primary  petitions 
to  be  filed  with  the  secretary  of  state  shall  be  filed  not  less  than 
thirty-five  days  before  the  date  of  the  primary,  and  all  others 
forty  days,  except  as  provided  in  paragraph  (5)  of  this  section. 

St^CT.  3,  Amend  section  6,  chapter  78,  Laws  of  1897,  as 
amended  by  the  Laws  of  1921,  by  striking  out  the  entire  section 
and  inserting  in  place  thereof  the  following :  Sect.  6.  Nomina- 
tion papers  shall  be  filed  with  the  secretary  of  state  as  follows: 
Thirty  days  prior  to  the  day  of  election  for  all  candidates  for  any 
office.  The  number  of  days  herein  given  shall  include  Sundays, 
and  shall  end  on  the  day  before  election  at  six  o'clock  in  the 
afternoon.  And  where  a  nomination  has  been  made  as  aforesaid 
or  where  a  candidate  has  duly  filed  according  to  law  for  a 
primary  election  no  withdrawal  or  declination  of  a  candidate 
shall  be  accepted  by  the  secretary  of  state  subsequent  to  the 
last  dates  for  filing  as  hereinbefore  stated.  Provided,  however, 
that  in  case  of  the  death  of  any  candidate  to  be  voted  for  at  any 
primary  or  general  election,  between  the  date  of  nomination  or 
filing  and  the  day  of  election,  a  new  candidate  may  be  substituted 
under  the  authority  of  the  proper  committee  as  the  law  provides, 
whose  name  shall  be  printed  upon  the  ballots  if  they  have  not 
been  printed,  but  if  they  have  been  printed,  and  time  will  permit, 
the  secretary  of  state  may  cause  adhesive  slips  or  pasters  with 
the  name  of  the  substitute  candidate  thereon,  to  be  printed,  or 
authorize  the  same  to  be  done,  and  send  or  cause  the  same  to  be 
sent  to  the  various  town  or  city  clerks  representing  the  territory 
wherein  the  deceased  candidate  was  to  be  voted  for.  Said  town 
or  city  clerks  shall  deliver  said  slips  or  pasters  to  the  election 
officers  before  the  opening  of  the  polls,  who  shall  paste  them  in 
the  proper  place  on  the  ballot  before  it  is  handed  to  the  voter. 


[Approved  April  27,  1923.] 


1.923] 


Chapters  56,  57. 
CHAPTER  56. 


65 


AN  ACT  RELATING  TO  THE  STATE  BOARD  OF  EDUCATION. 


Section 

1.  State  board  upon  nomination  of 
commissioner  to  appoint  and  fix 
terms  of  employment  of  deputy 
commissioners,     officers,     etc. 


Skctiox 

2.      Repealing     clause; 
passage. 


takes     effect     on 


Be  it   enacted   hy   the  Senate   and  Houfte   of  Representatives   i)t 
General  Court  convened: 

Section  1.     Amend  Laws  of  1921,  chapter  85,  part  I,  section  7,  f^mlnS  "oT 
by   striking   out   the    entire    section    and    substituting-   therefor :  ?^°™^;f'°»^''g*^° 
Sect.   7.     The   state   board,    upon   nomination    of   the    commis- J^^ms^of^emptoy- 
sioner,  shall  appoint  and  fix  the  terms  of  employment  of  its  deputy  commissioners," 

■      •  n      .Li  ia2  J  ^  oflicers,   etc. 

commissioners  and  other  ofhcers  and  employees. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  ^^j^P'^^'^'^l^f''"^*'' 
are  hereby  repealed  and  this  act  shall  take  effect  upon  its  passage.  «»  passage. 

[Approved  April  27,  1923.] 


CHAPTER  57. 


AN   ACT   RELATIVE  TO   THE   OFFICIAL   BONDS   OP   THE   TREASURERS   OF 

COUNTIES. 


Section 

1.  Certain    counties    to    pay    premiums 

on    bonds    of    county    treasurers. 

2.  Payment  how  to   be  made. 


Section 

3.      Repealing     clause;     takes     effct     on 
passage. 


Be  it   enacted   hy   the  Senate   and   House   of  lieprcscnintives   ii 
General  Court  convened: 


Section  1.     That    the    counties    of    Rockingham,     Strafford,  Certain  counties 
Belknap,   Carroll,   Merrimack,   Cheshire,   Sullivan,   Grafton   and  on  b6nds  of 
Coos  pay  the  premiums  (annual  or  otherwise)  on  the  bonds  which  urers.' 
the  treasurers  of  said  counties  are  by  law  required  to  give  as  a 
guarantee  for  the  faithful  performance  of  their  dijjties. 

Sect.  2.     The  aforesaid  premiums  shall  l)e  paid  through  an  Payment  iiow 
order,  drawn  for  the  purpose,  by  a  majority  of  the  board  of 
county  commissioners  of  the  respective  counties,  on  the  treasurers 
of  said  counties. 


66 


Chapter  .IS. 


[1923 


Repealing  clause; 
takes  effect  on 
passage. 


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

[Approved  May  2,  1923.] 


CHAPTER  58. 


AN  ACT  WITH  REFERENCE  TO  lA  MAN  BRIDGE  IN  THE  TOWN  OF  MONROE. 


Skction 

1.  Commissioners  to  be  appointed  to 
arrange  for  freeing  of  Lyman 
bridge   from    toUs. 


Section 

2.  Selectmen    of    Monroe    authorized    to 

execute    agreement    approved    by 
commissioners. 

3.  Takes  effect  on  passage. 


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


Commissioners 
to   be  appointed 
to    arrange    for 
freeing    of 
Lyman   bridge 
from    tolls. 


Selectmen  of 
Monroe   au- 
thorized   to 
execute   agree- 
ment approved 
by   commissioners, 


Takes  effect  on 
I)assage. 


Section  1,  The  governor,  with  the  advice  and  consent  of  the 
council,  is  hereby  authorized  to  appoint  three  commissioners  to 
act  in  conjunction  with  commissioners  from  the  state  of  Vermont 
in  arranging  to  free  the  toll  bridge  across  the  Connecticut  river 
known  as  Lyman  bridge,  extending  between  the  towns  of  Monroe, 
New  Hampshire,  and  Barnet,  Vermont.  Said  commissioners, 
with  the  approval  of  the  governor  and  council,  may  agree  with 
commissioners  from  the  state  of  Vermont  having  authority  in 
said  matter  as  to  the  division  between  the  state  of  Vermont  and 
the  state  of  New  Hampshire  or  the  town  of  Monroe  of  the  expense 
of  freeing  said  bridge  and  of  maintaining  the  same  as  a  public 
highway,  including  liability  for  damages  to  persons  injured  in 
the  use  thereof;  but  the  portion  of  such  expense  assumed  by  this 
state  shall  not  exceed  the  sum  of  two  thousand  dollars  appro- 
priated by  joint  resolution  approved  March  29,  1923.  The  select- 
men of  Monroe  or  any  of  them  may  be  appointed  as  such  com- 
missioners. 

Sect.  2.  The  selectmen  of  Monroe  are  hereby  authorized  to 
execute  on  behalf  of  the  town  any  agreement  made  or  approved 
by  the  commissioners  appointed  under  the  provisions  of  section 
1  for  the  purpose  of  assuming  on  the  part  of  said  town  not  ex- 
ceeding one  half  of  the  expense  of  freeing  said  Lyman  bridge 
and  of  maintaining  the  same  as  a  public  highway,  including 
liability  for  damages  to  persons  injured  in  the  use  thereof. 

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


Approved  May  2,  1923.] 


1923] 


Chapters  59,  60. 
CHAPTER  59. 


67 


AN  ACT  TO  AUTHORIZE  THE  CONVEYANCE  OF  THE  INTEREST  OF  THE, 
STATE  IN  A  CERTAIN  PARCEL  OF  LAND  IN  THE  TOWN  OF  HAVERHILL 
TO  SAID  TOWN. 

Skction    1.     Governor    with    consent    of    counoil  autliorized  to  deed   "Powder  House 
Hill"   in  Haverhill. 

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

Section  1.     The   governor,  with  the   consent   of  his   council,  Governor  with 
is  hereby  authorized  to  deed  to  the  town  of  Haverhill  whatever  authorized  to 
interest  the  state  now  has  in  a  certain  tract  of  land  situated  in  House  nnT'  ^fn 
said  Haverhill,  described  in  a  deed  recorded  in  book  209,  page  H'*^^'"^'"- 


538,  of  the  Grafton  County  Land  Records,  known  as 
House  Hill,"  containing  two  acres  more  or  less. 

[Approved  May  2,  1923.] 


Powder 


CHAPTER  60. 


AN  ACT   IN  AMENDMENT  OF  THE  LAWS  RELATING   TO  LEGACY  AND 
SUCCESSION   TAXES. 


Suction  Section 

1 .  Abatements,    when    may    be    allowed  4.      Administration    of    legacy    and    sue- 

by   state  treasurer.  cession    tax    laws    to    be    under 

2.  State     treasurer    may    require    pro-  advice  and  oversight  of  assistant 

duction    of    books    to     determine  attorney -general, 

liability  to   taxation  and   amount.  5.     Takes  effect  on   passage. 

3.  Personal    notice    to    be    given    treas- 

urer   of    any    proceeding    which 
may  affect  the  tax. 

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

Section  1.     Amend  section  12,  chapter  40,  Laws  of  1905,  as  Abatements, 
amended  by  section  5,  chapter  68,  Laws  of  1907,  section  1,  chapter  ^{'jf^ed'bv  sfate 
42,  Laws  of  1911,  and  section  2,  chapter  72,  Laws  of  1921,  by  ^realurer."''  ' 
striking  out  the  semicolon  in  the  fifth  line  and  inserting  in  place 
thereof  a  period  and  by  striking  out  the  words  "but  in  the  de- 
termination of  the  amount  of  any  tax  said  state  treasurer"  and 
inserting  in  place  thereof  the  words:  In  the  computation  of  said 
taxes  the  state  treasurer  may  deduct  not  exceeding  two  and  one- 


68  Chapter  60.  [1923 

half  per  cent,  from  the  value  of  the  personal  property  and  of  tlie 
real  estate  sold  to  pay  de))ts,  as  an  allowance  on  account  of  the 
personal  services  of  the  executor  or  administrator,  but  otherwise, 
and  by  striking  out  the  last  sentence  of  said  section  and  inserting 
in  place  thereof  the  following :  The  state  treasurer  may,  in  his 
discretion,  abate  the  tax  in  any  case,  if  it  is  shown  to  his  satisfac- 
tion that  the  value  of  the  total  estate  of  a  decedent  is  less  than 
three  hundred  dollars,  or  if  in  his  opinion  the  tax  is  not  of  suf- 
ficient amount  to  justify  the  labor  and  expense  of  its  collection, 
so  that  said  section  as  amended  shall  read  as  follows :  Sect.  12. 
The  state  treasurer  shall  determine  the  amount  of  all  taxes  due 
and  payable  under  the  provisions  of  this  act,  and  shall  certify 
,  the  amount  so  due  and  payable  to  the  executor  or  administrator, 

if  any,  otherwise  to  the  person  or  persons  by  whom  the  tax  is 
payable.  In  the  computation  of  said  taxes  the  state  treasurer 
may  deduct  not  exceeding  two  and  one-half  per  cent,  from  the 
value  of  the  personal  property  and  of  the  real  estate  sold  to  pay 
debts,  as  an  allowance  on  account  of  the  personal  services  of  the 
executor  or  administrator,  but  otherwise  shall  not  be  required 
to  consider  any  pa^anents  on  account  of  debts  or  expenses  of  ad- 
ministration which  have  not  been  allowed  by  the  probate  court 
having  jurisdiction  of  said  estate.  The  amount  due  upon  the 
claim  of  any  legatee  named  in  the  will,  or  of  any  person  who  is 
or  in  the  absence  of  a  will  would  be  an  heir-at-law  of  a  deceased 
person,  arising  under  a  contract  made  after  the  passage  of  this 
act  for  board,  lodging,  support,  maintenance,  or  personal  care 
and  attention,  covering  a  period  of  more  than  six  months,  shall 
be  subject  to  the  same  tax  imposed  by  this  chapter  upon  a  legacy 
or  succession  of  like  amount,  except  to  the  extent  that  such  claim 
is  evidenced  by  a  writing  signed  by  the  decedent  containing  an 
agreement  for  payment  at  some  specified  time  or  times  within  the 
decedent's  lifetime.  Payment  of  the  amount  so  certified  shall 
be  a  discharge  of  the  tax.  An  executor,  administrator,  trustee 
or  grantee  who  is  aggrieved  by  any  such  determination  of  the 
state  treasurer  and  who  pays  the  tax  assessed  or  demanded, 
without  appeal  may,  within  one  year  after  the  payment  of  such 
tax  to  the  treasurer,  but  not  afterwards,  apply  to  the  probate 
court  having  jurisdiction  of  the  estate  of  the  decedent  for  the 
abatement  or  repayment  of  said  tax  or  any  part  thereof,  and 
if  the  court  adjudges  that  said  tax  or  any  part  thereof  was 
wrongfully  exacted  it  shall  order  the  repayment  of  such  portion 
of  said  tax  as  was  assessed  or  demanded  without  authority  of  law 
which  said  order  or  decree  shall  be  subject  to  appeal  as  in  other 
cases.  Upon  a  final  decision  ordering  the  repayment  of  any 
portion  of  said  tax,  the  state  treasurer  shall  repay  the  amount 
adjudged  to  have  been  illegally  exacted  without  any  further  act 
or  resolve  making  appropriation  therefor.     Tlie  state  treasurer 


1923]  Chapter  60.  69 

may,  in  his  discretion,  abate  the  tax  in  any  ease,  if  it  is  shown  to 
his  satisfaction  that  the  value  of  the  total  estate  of  a  decedent 
is  less  than  three  hundred  dollars,  or  if  in  his  opinion  the  tax  is 
not  of  sufficient  amount  to  justify  the  labor  and  expense  of  its 
collection. 

Sect.  2.  Amend  section  17,  chapter  40,  Laws  of  1905,  as  state  treasurer 
amended  by  section  8,  chapter  68,  Laws  of  1907,  and  section  1,  production  of 
chapter  42,  Laws  of  1911,  by  striking  out  the  words,  "two  years  mine  liability 
from  the  date  of  the  bond  of  the  executor  or  administrator  of  amount'"" 
-any  estate  upon  which  the  tax  has  not  been  determined  as  pro- 
vided in  section  12,  or  upon  which  no  tax  has  been  paid,  the  state 
treasurer  may  require  such"  in  the  first  sentence  and  inserting 
in  place  thereof  the  following :  fifteen  months  from  the  date  of 
the  death  of  any  person  upon  the  transfer  of  whose  estate  the 
tax  has  not  been  determined  as  provided  in  section  12,  or  upon 
which  no  tax  has  been  paid,  the  state  treasurer  may  require  the, 
and  by  striking  out  the  word  "also"  in  the  twenty-eighth  line 
and  inserting  in  place  thereof  the  words,  shall  do  so,  so  that  said 
section  shall  read  as  follows :  Sect.  17.  At  any  time  after  the 
expiration  of  fifteen  months  from  the  date  of  the  death  of  any 
person  upon  the  transfer  of  whose  estate  the  tax  has  not  been 
determined  as  provided  in  section  12,  or  upon  which  no  tax  has 
been  paid,  the  state  treasurer  may  require  the  executor  or  ad- 
ministrator, or  any  person  or  corporation  interested  in  the  suc- 
cession to  appear  at  the  state  treasury,  at  such  time  as  the  treas- 
urer may  designate  and  then  and  there  to  produce  for  the  use  of 
the  treasurer  in  determining  whether  or  not  the  estate  is  subject 
to  said  tax  and  the  amount  of  such  tax,  if  any,  all  books,  papers 
or  securities  which  may  be  in  the  possession  or  within  the  control 
of  such  executor,  administrator  or  beneficiary  relating  to  such 
estate  or  tax,  and  to  furnish  such  other  information  relating  to 
the  same  as  he  may  be  able  and  the  treasurer  may  require.  When- 
ever the  treasurer  shall  desire  the  attendance  of  an  executor, 
administrator  or  beneficiary  as  herein  provided,  he  shall  issue  a 
notice  stating  the  time  when  such  attendance  is  required,  and 
shall  transmit  the  same  by  registered  mail  to  such  person  or 
corporation,  fourteen  days  at  least  before  the  date  when  such 
person  or  corporation  is  required  to  appear.  If  a  person  or 
corporation  receiving  such  notice  neglects  to  attend,  or  to  give 
attendance  so  long  as  may  be  necessary  for  the  purpose  for  whicli 
the  notice  was  issued,  or  refuses  to  produce  such  books,  papers 
or  securities  or  to  furnish  such  information,  such  person  or 
corporation  shall  be  liable  to  a  penalty  of  twenty-five  dollars 
($25)  for  each  offense  which  shall  be  recovered  by  the  state  treas- 
urer for  the  use  of  the  state.  The  state  treasurer  may  commence 
an  action  for  the  recovery  of  any  of  said  taxes  at  any  time  after 
the  same  become  payable;  and  shall  do  so  whenever  the  judge 


70 


Chapter  60. 


[1923 


Personal   notice 
to    be    given 
treasurer  of   any 
proceeding:  which 
may  affect  the 
tax. 


Administration 
of    legacy    and 
succession     tax 
laws  to  be  under 
advice    and 
oversight    of 
assistant 
attorney- 
general. 


Takes  effect  on 
passage. 


of  a  probate  court  certifies  to  him  that  the  final  account  of  an 
executor,  administrator  or  trustee  has  been  filed  in  such  court 
and  that  the  settlement  of  the  estate  is  delayed  because  of  the 
nonpayment  of  said  tax.  The  probate  court  shall  so  certify  upon 
the  application  of  any  heir,  legatee  or  other  person  interested 
therein,  and  may  extend  the  time  of  payment  of  said  tax  when- 
ever the  circumstances  of  the  case  require. 

Sect.  3.  Amend  section  20,  chapter  40,  Laws  of  1905,  as 
amended  by  section  9,  chapter  68,  Laws  of  1907,  section  1,  chapter 
42,  Laws  of  1911,  section  1,  chapter  106,  Laws  of  1915,  and  section. 
8,  chapter  72,  Laws  of  1921,  by  inserting  in  the  seventh  line  of 
said  section  after  the  word  "unless"  the  word  personal,  so  that 
said  section  shall  read  as  follows :  Sect.  20.  The  state  treasurer 
shall  be  entitled  to  appear  in  any  proceeding  in  any  court  in 
which  the  decree  may  in  any  way  affect  the  tax.  No  decree  in 
any  such  proceeding,  or  upon  appeal  therefrom,  shall  be  binding 
upon  the  state,  and  no  decree  shall  be  entered  upon  a  petition 
for  leave  to  file  an  authenticated  copy  of  a  foreign  will  and  the 
probate  thereof  or  upon  a  probate  appeal,  unless  personal  notice 
of  such  proceeding  shall  have  been  given  to  the  state  treasurer. 

Sect.  4.  Amend  section  2,  chapter  116,  Laws  of  1915,  as 
amended  by  section  7,  chapter  72,  Laws  of  1921,  by  striking  out 
the  words  "of  this  act"  in  the  third  line  of  said  section  and 
inserting  in  place  thereof  the  following,  of  the  legacy  and  suc- 
cession tax  laws,  so  that  said  section  shall  read  as  follows : 
Sect.  2.  The  assistant  attorney-general  shall  conduct  all  litigation 
and  shall  advise  the  state  treasurer  upon  all  questions  of  law 
arising  in  the  administration  of  the  legacy  and  succession  tax 
laws  and  have  general  oversight  of  such  administration,  includ- 
ing the  computation  and  collection  of  the  tax,  and  may  employ 
such  clerical  assistance  as  may  be  necessary  and  the  governor 
and  council  may  approve. 

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

[Approved  May  2,  1923.] 


1923] 


Chapter  61. 
CHAPTER  61. 


71 


AN   ACT  RELATING  TO  THE  T.LX  UPON  THE  TRANSFER  AT  DEATH  OP  THE 
PERSONAL   PROPERTY   OP    NONRESIDENTS. 


Section 

1.  Interest  on  taxes  computable  from 
fifteen  months  after  death  of  de- 
cedent. 


Section 

2.  Act    not   to    apply    to   the  estates    of 

persons    deceased    prior    to    act's 
taking  effect,   etc. 

3.  Takes  effect  on  passage. 


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

Section  1.     Amend  sections  6  and  7,  chapter  70,  Laws  of  1921,  interest  on 

'  ^  .  .  taxes  computable 

by  striking  out  the  word  "four"  in  the  seventh  and  eighth  lines  from  fifteen 

n        •  1  •  ^  -I    •         ^  -iiT  i>         •  -I  !•  rr  i    •       months     after 

of  said  section  6  and  m  the  eighth  line  or  said  section  7  and  m-  death  of 
serting  in  place  thereof,  in  each  case,  the  word  fifteen  so  that 
said  sections  shall  read  as  follows :  Sect.  6.  All  taxes  imposed 
by  this  act  shall  be  due  and  payable  at  the  time  of  the  transfer 
of  the  property,  and  if  not  then  paid  interest  at  the  rate  of  ten 
per  cent,  per  annum  shall  be  charged  and  collected  from  the  time 
of  the  transfer  and  said  taxes  and  interest  shall  be  and  remain  a 
lien  on  the  property  transferred  until  the  same  are  paid.  Pro- 
vided, however,  that  if  the  transfer  is  not  made  within  fifteen 
months  after  the  owner's  death  interest  as  aforesaid  shall  be 
charged  and  collected  after  the  expiration  of  said  fifteen  months. 
Sect.  7.  Personal  property  within  the  jurisdiction  of  this  state 
belonging  to  nonresidents  which  shall  pass  by  deed,  grant,  bar- 
gain, sale,  or  gift,  made  in  contemplation  of  death,  or  made  or 
intended  to  take  efi'ect  in  possession  or  enjoyment  at  or  after 
the  death  of  the  grantor  or  donor  shall  be  subject  to  the  same 
tax  imposed  upon  the  transfers  hereinbefore  described  in  this 
act.  The  taxes  upon  such  transfers  shall  become  due  at  once 
upon  the  death  of  the  grantor  or  donor,  and  if  not  paid  within 
fifteen  months  shall  be  subject  to  interest  as  aforesaid  after  the 
expiration  of  said  period,  until  paid.  Said  taxes  and  interest 
shall  be  a  charge  against  the  persons  receiving  such  transfer,  and 
the  property  transferred  and  any  other  property  of  the  grantor 
or  donor  within  the  jurisdiction  of  the  state  shall  be  subject  to 
a  lien  to  secure  its  payment.  All  persons  or  corporations  within 
the  jurisdiction  of  the  state  in  whose  possession  or  control  any 
such  property  so  transferred  or  to  be  transferred  remains  at 
the  time  of  the  death  of  the  grantor  or  donor  shall  be  subject  to 
all  the  duties,  liabilities,  and  penalties  imposed  by  this  act  upon 
persons  having  the  possession  or  control  of  personal  estate  of 
such  a  decedent. 

Sect.  2.     This  act  shall  not  apply  to  the  estates  of  persons  de-  Act  not  to  apply 
ceased  prior  to  the  date  when  it  takes  effect,  nor  to  property  of  persons  ^decea^sed 


72 


Chapter  62, 


[1923 


prior  to  act's       siicli  decedents  passing  by  deed,  grant,  bargain,  sale,  or  gift,  as 
'  set  forth  in  section  7,  but  siieli   estates,   persons   and  property 
shall  remain  subject  to  the  provisions  of  the  laws  in  force  prior 
to  the  passage  of  this  act. 

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


Takes   effect   ou 
passage. 


[Approved  May  2,  1923.] 


CHAPTER  62. 


AN  ACT  RELATING  TO  THE  RATES  OF  INHERITANCE  AND  SUCCESSION 

TAXES. 


Suction 

1.  What  property  to  be  subject  to  in- 
heritance and  succession  taxes, 
and    rates   thereon. 


Section 

2.  Act   not   to   apply   to   estates    A  per- 

sons deceased  prior  to  date  when 
act    takes   effect. 

3.  Takes  effect  on  passage. 


Be  it  enacted   hy   the   i^enate   and   House   of  Representatives  in 
General  Court  convened: 


Section  1.     Amend  section   1,   chapter  40,  Laws   of  1905,   as 

nended  by  section  1,  chapter  68,  Laws  of  1907,  section  1,  chapter 

42,  Laws  of  1911,  section  1,  chapter  106,  Laws  of  1915,  and  section 


What    property 

inheritance    and   amended  by  scctiou  1,  chapter  68,  Laws  of  1907,  section  1,  chapter 

succession    taxes, 
and  rates 

thereon.  ^^  chapter  37,  Laws  of  1919,  by  striking  out  the  entire  section  and 

inserting  in  place  thereof  the  following:  Section  1.  All  property 
within  the  .jurisdiction  of  the  state,  real  or  personal,  and  any 
interest  therein,  belonging  to  inhabitants  of  the  state,  and  all  real 
estate  within  the  state,  or  any  interest  therein,  belonging  to  per- 
sons who  are  not  inhabitants  of  the  state,  which  shall  pass  by 
will,  or  by  the  laws  regulating  intestate  succession,  or  by  deed, 
grant,  bargain,  sale,  or  gift,  made  in  contemplation  of  death,  or 
made  or  intended  to  take  effect  in  possession  or  enjoyment  at  or 
after  the  death  of  the  grantor  or  donor,  absolutely  or  in  trust, 
to  or  for  the  use  of  the  father,  mother,  husband,  wife,  lineal 
descendant,  adopted  child,  the  lineal  descendant  of  any  adopted 
child,  the  wife  or  widow  of  a  son,  or  the  husband  of  a  daughter, 
of  a  decedent,  shall  be  subject  to  a  tax,  for  the  use  of  the  state, 
of  two  per  cent,  of  its  value  ;  but  no  bequest,  devise  or  distributive 
share  of  an  estate  which  shall  so  pass  to  or  for  the  use  of  a  hus- 
band, wife,  or  of  any  such  person  who  is  under  twenty-one  years 
of  age  at  the  time  of  the  decedent's  death  shall  be  subject  to 
snch  tax,  except  upon  its  value  in  excess  of  $10,000 ;  and  all  such 
property  which  shall  so  pass  to  or  for  the  use  of  the  brother, 


1923]  Chapter  62.  73 

sister,  nephew,  or  niece,  of  a  decedent,  shall  be  su])jeet  to  a  tax, 
for  the  use  of  the  state,  of  six  per  cent,  of  its  value ;  and  all  such 
property  which  shall  so  pass  to  or  for  the  use  of  any  other  person, 
except  educational,  religious,  cemetery,  or  other  institutions,  so- 
cieties or  associations  of  public  charity  in  this  state,  or  for  or 
upon  trust  for  any  charitable  purpose  in  the  state,  or  for  the 
care  of  cemetery  lots,  or  to  a  city  or  town  in  this  state  for  public 
purposes,  shall  be  subject  to  a  tax,  for  the  use  of  the  state,  of  ten 
per  cent,  of  its  value;  and  administrators,  executors,  trustees  and 
any  such  grantees  under  a  conveyance  made  during  the  grantor's 
life,  shall  be  liable  for  such  taxes,  with  interest,  until  the  same 
have  been  paid.  An  institution  or  society  shall  be  deemed  to 
be  in  this  state,  within  the  meaning  of  this  act,  when  its  sole 
object  and  purpose  is  to  carry  on  charitable,  religious,  or  educa- 
tional work  within  the  state,  but  not  otherwise. 

Sect.  2.     This  act  shall  not  apply  to  the  estates  of  persons  Act  not  to  apply 

.  1  ■  T  n>  ^°  estates  of  per- 

deceased  prior  to  the  date  when  it  takes  eftect,  nor  to  property  sons   deceased 
of  such  decedents  passing  by  deed,  grant,  bargain,  sale,  or  gift,  when  act  takes 
as  set  forth  in  section  1,  but  such  estates,  persons  and  property  ^ 
shall  remain  subject  to  the  provisions  of  the  laws  in  force  prior 
to  the  passage  of  this  act. 

Sect.  3.     This  act  shall  take  effect  upon  its  passage.  Jmssige""^^"^  ""^ 

[Approved  May  2,  1923.] 


74 


Chapter  63. 
CHAPTER  63. 


[1923 


AN  ACT  PROVIDING  FOR  THE  PROPOUNDING  AND  PROSECUTION  OF  A 
CLAIM  BY  AND  IN  THE  NAME  OP  THE  STATE  OF  NEW  HAMPSHIRE 
AGAINST  THE  FEDERAL  GOVERNMENT  FOR  THE  RECOVERY  OF  TAXES 
HERETOFORE  ILLEGALLY  ASSESSED  AGAINST  CITIZENS  AND  RESIDENTS 
OF  NEV^  HAMPSHIRE  AND  PAID  BY  THEM. 


Suction 

1.  Governor   authorized   to   propound   to 

and  against  federal  government 
claim  for  moneys  illegally  paid 
thereunto    as    a    direct   tax. 

2.  Governor   authorized   and  directed   to 

employ  counsel  to  prosecute  such 
claim. 

3.  Counsel    authorized    to    i)ropose   con- 

gressional  legislation. 


Skction 

4.  Moneys    so    collected    to    be    held    by 

state  in   trust  for  five  years. 

5.  Notice    tfl    claimants. 

6.  Claims,   how   to   be   presented    to    di- 

rect tax  commission ;  payment  of 
claims  certified  by  commission ; 
appeal. 

7.  lOscheat  of  moneys  in  treasury  after 

five  years. 
S.     Takes  effect  on  passage. 


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


Governor    au- 
thorized   to 
propound  to  and 
against    federal 
government 
claim  for  moneys 
illegally    paid 
thereunto    as 
a  direct  tax. 


Governor    au- 
thorized   and 
directed  to   em- 
ploy   counsel     to 
prosecute    such 
claim. 


Counsel   author- 
ized to  propose 
congressional 
legislation. 


Moneys   so 
collected   to    be 
held    by    state 
in  trust 
for  five  years. 


Section  1.  That  the  governor  he  and  lie  is  hereby  authorized 
and  directed  to  propound  to  and  against  the  government  of  the 
United  States  of  America  and  to  prosecute  to  collection,  if  pos- 
sible, a  claim  by  and  in  the  name  of  the  state  of  New  Hampshire 
for  all  moneys  heretofore  paid  illegally  into  the  federal  treasury 
as  a  direct  tax  upon  property  situated  in  the  state  of  New 
Hampshire. 

Sect.  2.  The  governor  is  hereby  authorized  and  directed  to 
employ  counsel  and  to  enter  into  necessary  contracts  and  agree- 
ments with  such  counsel  for  the  propounding  and  prosecution  of 
such  claim  against  the  federal  government,  and  to  agree  with 
said  counsel  on  the  commission  to  be  allowed  for  such  work,  such 
commission  to  be  contingent  upon  the  collection  of  such  moneys 
from  the  United  States  and  to  be  payable  out  of  the  same,  and 
shall  not  exceed  ten  per  centum  thereof.  The  state  shall  not 
incur  any  cost  or  expense  in  the  propounding  or  prosecution  of 
such  claim  other  than  such  commission. 

Sect.  3.  Counsel  employed  under  this  act  shall  have  authority, 
in  conjunction  with  counsel  employed  by  other  states,  to  propose 
such  legislation  to  the  Congress  of  the  United  States  as  may  be 
fitting  and  necessary  to  the  propounding  and  collection  of  the 
said  claim  and  for  the  payment  of  such  moneys  into  the  treasury 
of  the  state  of  New  Hampshire. 

Sect.  4.  All  moneys,  so  collected  from  the  government  of  the 
United  States,  shall  be  paid  into  the  treasury  of  the  state  of  New 
Hampshire,  and  shall  be  held  by  the  state  of  New  Hampshire  for 
a  period  of  five  years  in  trust  for  the  claimants  of  such  funds. 


1923]  Chapter  63.  75 

Sect.  5.  Upon  receipt  of  such  funds  from  the  United  States  ^°|j^|^^g 
by  the  treasurer  of  the  state  of  New  Hampshire,  it  shall  be  his 
duty  to  give  notice  to  all  claimants  thereof  by  publication  once 
each  week  for  a  period  of  eight  successive  weeks  in  a  newspaper 
or  newspapers  published  in  each  county  of  the  state,  and  if  there 
be  no  newspaper  in  any  county,  by  posting  written  notices  at  the 
front  door  of  the  court  house  of  such  county  and  in  the  town 
clerk's  office  of  each  town  therein  for  such  period  of  time,  which 
notices  shall  set  forth  that  such  moneys  have  been  collected  and 
shall  notify  all  claimants  to  propound  their  claims  in  writing  by  . 
filing  them  with  the  treasurer  of  the  state  of  New  Hampshire, 
and  such  notice  shall  warn  all  claimants  and  persons  interested 
in  said  moneys  that  failure  so  to  file  their  claims  within  a  period 
of  tM^o  years  from  the  date  on  which  such  moneys  were  paid  into 
the  treasury  of  the  state  of  New  Hampshire,  shall  forever  bar 
their  right  to  such  funds  or  any  part  thereof,  and  that  in  default 
of  the  filing  of  such  claims  such  funds  shall  escheat  to  and  become 
the  absolute  property  of  the  state  of  New  Hampshire. 

Sect.  6.     All  claimants  to  such  moneys  shall  file  their  claims  ciams^  how  to^ 
in  writing  with  the  treasurer  of  New  Hampshire  on,  such  forms  direct  tax 

'^  .        ,      .  p  n  commission ; 

as  shall  be  provided  by  him  and  shall  submit  their  proofs  and  payment  of 
evidence  to  a  commission  to  be  known  as  the  direct  tax  commis- by  commission; 
sion,  which  is  hereby  created,  and  shall  be  composed  of  the  gov-  "^'^"^^ " 
ernor  and  the  executive  council.     Each  claim  approved  by  said 
commission  shall  be  certified  by  the  commission  to  the  treasurer 
for  payment  to  the  claimant  or  his  order.     The  treasurer  shall 
pay  all  claims  so  certified  out  of  the  funds  so  collected  from  the 
government   of  the  T"rnited   States   and  held  in  trust   for  such 
purpose.     Either  such  claimants  or  the  state  of  New  Hampshire 
through  its  attorney-general  may  appeal  from  the  decisions   of 
the   direct  tax  commission  to   any  superior   court   of  the   state, 
and  exceptions  may  be  taken  and  alloM^ed  in  the  superior  court 
as  in  other  causes  therein  tried. 

Sect.  7.     At  the  end  of  a  period  of  five  years  from  the  date  on  ^scheat  .of 
which  said  moneys  so  collected  from  the  TTnited  States  shall  be  treasury  after 

.J      live   years. 

paid  into  the  treasury  of  the  state  of  New  Hamnshire.  said  funds, 
to  the  extent  to  which  no  claims  have  been  filed  and  approved 
against  same,  shall  escheat  to  and  become  the  absolute  property 
of  the  state  of  New  Hampshire.  Said  funds,  to  the  extent  that 
any  claims  have  been  filed  against  same,  shall  remain  in  the  state 
treasury  subject  to  the  final  determination  of  such  claims  and 
all  such  ffinds  not  finally  ad.judged  to  belong  to  the  claimants 
thereof  shall  at  that  time  escheat  to  and  become  the  absolute 
property  of  the  state  of  Ncav  Hamnshire. 

Sect.'  8.     This  act  shall  take  effect  upon  its  passage.  ^^'^""  "^"°'  °" 


passage. 


[Approved  May  3,  1923. 


76 


Chapter  64. 


1923 


CHAPTER  64. 

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


Section 

1.  Convict  serving  maximum  and 
minimum  sentence,  when  may  be 
paroled. 


Section 

2.      Takes   effect  on   pa 


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


Convict   serving 
maximum    and 
minimum    sen- 
tence, when  may 
be    paroled. 


Section  1.  Amend  section  2,  chapter  120,  Laws  of  1909,  as 
amended  by  section  1,  chapter  52,  Laws  of  1917,  by  inserting  after 
the  word  ' '  establish ' '  in  line  nine  the  following :  Any  convict  serv- 
ing a  maximum  and  minimum  sentence  whose  minimum  sentence 
is  three  years  or  more  may,  upon  recommendation  of  the  board  of 
prison  trustees,  be  paroled  by  the  governor  and  council  when  he 
has  served  two  thirds  of  his  minimum  sentence,  so  that  said  section, 
as  amended,  shall  read  as  follows :  Sect.  2.  Any  convict,  sentenced 
as  aforesaid,  whose  record  of  conduct  shows  that  he  has  faithfully 
observed  all  the  rules  of  said  prison,  and  has  not  been  subjected  to 
punishment,  shall  be  entitled  to  release  from  said  prison  upon  the 
expiration  of  the  minimum  term  of  his  sentence,  and  he  shall  then 
be  given  a  permit  to  be  at  liberty  therefrom  during  the  unexpired 
portion  of  the  maximum  term  of  his  sentence.  Said  permit  shall 
be  issued  by  the  governor  and  council  upon  such  terms  and  con- 
ditions as  they  shall  establish.  Any  convict  serving  a  maximum 
and  minimum  sentence  whose  minimum  sentence  is  three  years  or 
more  may,  upon  recommendation  of  the  board  of  prison  trustees, 
be  paroled  by  the  governor  and  council  wdien  he  has  served  two 
thirds  of  his  minimum  sentence.  Any  convict  whose  record  of 
conduct  shows  that  he  has  violated  the  rules  of  said  prison  may  be 
given  a  like  permit  at  such  time  as  the  said  governor  and  council 
shall  determine  after  the  expiration  of  the  minimum  term  of  his 
sentence.  Provided,  that  the  governor  and  council  shall  issue  no 
permit  for  release  under  this  section  unless  there  shall  appear  to 
them  to  be  a  reasonable  probability  that  the  convict  to  be  released 
will  remain  at  liberty  without  violating  the  law  and  will  conduct 
himself  as  a  good  citizen;  and  provided,  further,  that  one  of  the 
terms  of  the  permit  in  each  case  shall  be  that  the  released  prisoner 
shall  remain  in  the  legal  custody  of  the  parole  officer  hereinafter 
provided  for,  to  whom  said  released  prisoner  shall  report  at  least 
once  each  month  and  as  much  oftener  as  the  governor  and  council 
shall  determine  to  be  proper.  In  cases  of  exceptionally  meritorious 
conduct,  the  governor  and  council  may  in  like  manner  issue  such 
permit  at  a  time  in  advance  of  the  expiration  of  the  minimum  term 


1923] 


Chapter  65. 


77 


of  sentence  to  be  computed  by  deducting  therefrom  not  more  than 
three  days  for  each  month  of  such  minimum  term  of  sentence. 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

[Approved  May  3,  1923.] 


Takes   effect   on 
passage. 


CHAPTER  65. 


AN  ACT  FOR  THE  TAXING  OF  INCOME  DERIVED  PROM  INTANGIBLES. 


Section 

1.  l7icomes  to  be  taxed  at  average  rate 

of    taxation. 

2.  What    to    be    included    under    "tax- 

able income,"  and  who  shall  be 
so    taxed. 

3.  Securities    held    in    pledge    to   be    in- 

cluded  in  ascertaining  income. 

4.  Income      not      to      include      capital, 

but  to  include  accumulated  pro 
fits. 

5.  Incomes  of  religious,  charitable,   etc., 

organizations  to  be  exempt. 

6.  Intention   of   act  not  to    violate  con 

stitutional  provisions  or  con- 
tractual obligations  of  exemption 
from    taxation. 

7.  A   decedent's   estate   shall   be   sub,iect 

to  all  taxes  herein  imposed  and 
not  paid  in  his  lifetime. 

8.  Income   received  by   trust   estates  to 

be  taxable  to  the  extent  that  the 
beneficiaries  are  inhabitants  of 
this  state.  Income  from  non- 
resident trustee,   when   taxable. 

9.  Sections      7      and     8      applicable     to 

guardians,    etc.,    and    fiduciaries. 

10.  Partnerships    to    be    subject    to    this 

act ;  how  taxable  where  certain 
partners  are  nonresident. 

11.  Member    of    partnership    having     no 

usual  place  of  business  in  state, 
how  taxable  on  income  there- 
from. 

12.  Sections   10   and   11   to   apply  to   as 

sociations  and  trusts,  but  not  to 
partnerships,  associations,  etc., 
issuing  transferable  shares. 

13.  Returns  to  be  made  annually  to  tax 

commission  by  March  15 ;  ex- 
tension of  time;  returns  not  to 
be  open  to  public  inspection ;  in- 
formation as  to  whether  any  per- 
son has  filed  a  return  may  be 
furnished  to  any  inhabitant. 


Section 

14.  Tax  commission  shall  administer 
this  act  and  have  power  of  com- 
pelling witnesses  and  requiring 
production    of    books. 

l."}.  All  taxes  to  be  assessed  as  of  Jan. 
1  of  each  year  and  to  be  pay- 
able on  Oct.  1 ;  interest  there- 
after at  10%;  tax  commission 
authorized  to  issue  warrant  for 
collection  to  tax  collector  of  any 
town . 

IG.  Taxes  to  be  paid  by  taxpayers  to 
state  treasurer. 

17.  Abatement    may    be    made    upon    ap- 

plication to  tax  commission  or 
on  appeal  therefrom  to  superior 
court;  amount  abated  to  be  re- 
paid by   state  treasurer. 

18.  Tax     commission     may     within     two 

years  of  an  assessment  assess  a 
taxpayer  discovered  to  be  liable 
and  who  either  filed  no  return 
or  a  false  or  incorrect  return. 

19.  Expense    of    administering    this    act, 

how  to  be  met. 
"20.  Balance  of  tax  receipts  after  de- 
ducting expense  of  administra- 
tion to  be  distributed  to  towns 
and  cities  where  owner  of  taxable 
income   resides. 

21.  Penalty    of    $5    per    day    for    default 

in  not  filing  return. 

22.  Penalty     for     filing     fraudulent     re- 

turn,   or    not    filing    any    return, 
after    notice    of    delinquency,    to 
be  fine  or  imprisonment. 
23.      Repeal   of   existing  laws  providiiifr 

for  taxes  on  securities,  stock 
obligations,  etc.  Average  rate  of 
taxation,  how  may  be  deter- 
mined.     Transfer  of  questions  by 

tax       commission       to       su])r('me 

court. 
24.      Takes    effect    on    passage. 


78 


Chapter  65. 


[1923 


Be  it  etmcted  hy   the  Senate  a)id  House   of  Representatives  in 
General  Court  convened: 


Incomes  to  be 
taxed  at  average 
rate  of  taxation. 


What  to  be 
included  under 
"taxable  income, 
and  who  shall 
be  so  taxed. 


Section  1.  There  shall  be  levied  in  the  year  1924  and  in  each 
year  thereafter,  a  tax  upon  incomes  as  hereinafter  set  forth  at  the 
average  rate  of  taxation,  as  near  as  may  be,  existing  upon  other 
property  throughout  the  state,  excepting  polls,  savings  banks 
deposits  and  property  specially  taxed,  for  the  year  in  which  the 
taxes  imposed  by  this  act  are  assessed. 

Sect.  2.  Taxable  income  shall  be  income  received  from  the  date 
on  which  this  act  shall  take  effect  to  January  1,  1924,  for  the  levy 
of  1924,  and  income  received  during  the  calendar  year  prior  to  the 
assessment  of  the  tax  for  the  levy  of  subsequent  years,  by 

(a)  Individuals  who  are  inhabitants  or  residents  of  this  state  on 
the  first  day  of  January  in  any  year ; 

(b)  Partnerships,  associations  and  trusts,  the  beneficial  inter- 
est in  which  is  not  represented  by  transferable  shares,  and  as 
hereinafter  provided; 

(c)  Fiduciaries  deriving  their  appointment  from  a  court  of  this 
state,  and  as  hereinafter  provided ; 

Of  the  following  described  classes: 

(1)  Interest  from  bonds,  notes,  money  at  interest,  and  from  all 
debts  due  the  person  to  be  taxed,  except  interest  from  deposits  in 
any  savings  bank,  building  and  loan  association,  or  savings  depart- 
ment of  any  loan  and  trust  company  in  this  state  or  in  those  of  any 
state  which  exempts  from  taxation  the  principal  or  income  of 
deposits  in  such  institutions  in  this  state  made  by  residents  of 
that  state,  excepting  also  interest  from  notes  or  bonds  of  this  state 
or  any  political  subdivision  of  this  state  heretofore  issued. 

(2)  Dividends,  other  than  stock  dividends  paid  in  new  stock  of 
the  company  issuing  the  same,  on  shares  in  all  corporations  and 
joint  stock  companies  organized  under  the  laws  of  any  state,  terri- 
tory or  nation,  except  New  Hamj)shire  state  banks,  trust  companies, 
building  and  loan  associations  or  national  banks. 

(3)  Dividends,  other  than  stock  dividends  paid  in  new  stock  of 
the  partnership,  association  or  trust  issuing  the  same,  on  shares  in 
partnerships,  association  or .  trust  issuing  the  same,  on  shares  in 
partnerships,  associations  and  trusts  the  beneficial  interest  in  which 
is  represented  by  transferable  shares. 

(4)  Provided,  however,  that  in  computing  the  tax  on  any  income 
taxable  under  this  act  the  sum  of  two  hundred  dollars  ($200)  shall 
be  deducted  in  every  case  by  the  tax  commission  from  the  amount 
of  income  otherwise  taxable  as  an  exemption. 

Securities  held  Sect.  3.     For  the  purposes  of  this  act,  any  securities  or  property 

inciuderin"as^     of  the  classcs  designated  herein  producing  taxable  income,  held  in 
certaining  income,  pledge,  or  ou  margin  or  otherwise  as  security   for  a  debt  of  the 


1923]  Chapter  65.  79 

owner,  whether  standing  in  the  name  of  the  owner  or  of  any  other 
person,  shall  be  deemed  the  property  of  the  owner,  and  the  income 
arising  therefrom  shall  be  included  in  the  total  taxable  income  of 
the  owner  under  this  act. 

Sect.    4.     No  distribution  of  capital,  whether  in  liquidation  or  j^ndude  dfs'tri" 
otherwise,  shall  be  taxable  as  income,  but  accumulated  profits  shall  ''"'*«''^  capital, 

.    ,  T     ,  . ,     -,  ^  but    to    include 

not  be  regarded  as  capital.  accumulated 

Sect.   5.    No  tax  shall  be  levied  directly  or  indirectly  under  this  ^^°  *^' 

•  ,1  .  iiTT  ■,.  Incomes    of    re- 

act upon  any  income  otherwise  taxable  hereunder,  which  is  received  iig>ous,  chari- 

and  used  by  any  educational,  religious,  charitable,  or  temperance  innfzatlo'ii's  "to 

organization  incorporated  in  this  state,  for  the  purposes  for  which  ^^  '^•^^'^p*- 

it  is  incorporated,  provided  none  of  the  income  or  profits  of  such 

organizations  is  divided  among  its  stockholders  or  members  or  is 

used  for  purposes  other  than  those  for  which  it  is  incorporated,  or 

which  is  received  by  any  trustee  for  the  use  of  the  state  or  any  of 

its  political  subdivisions  or  for  the  use  of  any  such  educational, 

charitable,  religious  or  temperance  organization  incorporated  within 

this  state,  for  the  purposes  for  which  it  is  incorporated,  under  the 

conditions  above  prescribed. 

Sect.  6.     It  is  the  intention  of  this  act,  and  it  shall  be  construed,  intention  of  act 

anything  contained  herein  to  the  contrary  notwithstanding,  not  consdtutk)mu 

to  impose  any  tax  upon  any  income  in  violation  of  the  constitution  ^onrrlc°uli  ""^ 

of  the  United  States  or  in  violation  of  any  constitutional  federal  obligations  of 

1  ..,.„,  ..„,.  .  exemption   from 

laws,  or  in  violation  or  the  constitution  01  this  state,  or  m  violation  taxation. 
of  any  contractual  obligations  of  exemption  from  taxation  estab- 
lished prior  to  the  passage  of  this  act  by  the  state  or  any  of  its 
political  subdivisions  or  by  the  United  States,  which  may  not  be 
impaired  lawfully  by  this  act  or  any  amendments  hereof. 

Sect.  7.     The  estates  of  deceased  persons  who  last  dwelt  in  a  decedent's  os- 
this  state  shall  be  subject  to  the  taxes  imposed  by  this  act  upon  all  gubject^^^  au 
taxable  income  received  by  such  persons   during  their   lifetime,  t^^^s  herein 

I'll  .111  ,  1  1  1-  rr^i.  imposed  and  not 

which  have  not  already  been  taxed  under  this  act.     The  income  paid  in  his  life- 

received  by  such  estates  after  the  death  shall  be  taxable  under  this  ™^' 

act  to  the  extent  that  the  persons  to  whom  such  income  may  be 

payable,  or  for  whose  benefit  it  is  accumulated,  are  inhabitants  of 

this  state,  but  no  person  shall  be  taxed  under  this  act  for  income 

received  from  an  estate  which  has  itself  been  taxed  under  this 

section. 

Sect.  8.     The  income  received  by  estates  held  in  trust  by  trustees,  income  received 
any  one  of  whom  is  an  inhabitant  of  this  state,  or  has  derived  his  \l  be'^^taxaWef^ 
appointment  from  a  court  of  this  state  shall  be  subject  to  the  taxes  [^at^th^^ifenl 
imposed  by  this  act  to  the  extent  that  the  persons  to  whom  the  ficiaries  are 
income  from  the  trust  is  payable,  or  for  whose  benefit  it  is  accumu-  this  state,    in- 
lated,  are  inhabitants  of  this  state.     Income  accumulated  in  trust  re^den™™ru°tee, 
for  the  benefit  of  unborn  or  unascertained  persons  shall  be  taxed  "^^^^  taxable. 
as  if  accumulated  for  the  benefit  of  inhabitants  of  this  state.    If  an 
inhabitant  of  this  state  receives  income  from  one  or  more  trustees, 


80  Chapter  05.  [1923 

none  of  whom  is  an  inhabitant  of  this  state  or  has  derived  his 
appointment   from   a   court   of   this   state,   such   income   shall   be 
subject  to  the  taxes  imposed  by  this  act  if  it  would  be  taxable  to 
such  inhabitant  if  it  were  received  by  him  direct  from  its  source. 
Sections  7  and  8       Sect.  9.    Scctious  7  and  8  shall  apply  to  guardians,  conservators, 
siindfans.  etc.,     trustccs  in  bankruptcy,  receivers  and  assignees  for  the  benefit  of 
aii.i  fiduciaries,     creditors,  so  far  as  apt,  to  the  taxable  income  received  by  them  and 
to  their  beneficiaries ;  and  said  sections  shall  also  apply  to  corpora- 
tions acting  as  trustee  or  in  any  other  fiduciary  capacity,  subject  to 
the  limitations  contained  in  this  act. 
Partnerships  to         Sect.  10.     Partnerships   having   a   usual   place   of   business   in 
act^hiw^taxabie^  this  statc,  any  member  of  which  is  an   inhabitant  thereof,   shall 
JartnM-rare'non-  ^^  subjcct  to  taxcs  imposcd  by  this  chapter.    If  any  of  the  members 
resident.  of  the  partnership  are  not  inhabitants  of  this  state,  only  so  much  of 

the  income  thereof  as  is  proportionate  to  the  aggregate  interest 
of  the  partners  who  are  inhabitants  of  this  state  in  the  profits  of 
the  partnership  shall  be  taxed.  The  tax  shall  be  assessed  on  such 
a  partnership  by  the  name  under  which  it  does  business,  and  the 
partners  shall  not  be  taxed  with  respect  to  the  taxable  income 
derived  by  them  from  such  a  partnership. 
Member  of  Sect.  11.     An  inhabitant  of  this  state  who  is  a  member  of  a 

inrno'^^usua'/"^''"  partnership  having  no  usual  place  of  business  in  this  state,  who 
place  of  business   reccivcs  iucomc  from  such  partnership  derived  from  such  a  source 

in    state,    how  ^  i        •  i        <> 

taxable  on  income  tliat  it  would  bc  taxable  if  rcccivcd  directly  from  such  source  by 
lere  rom.  ^^^^^^  partner,  shall  as  to  such  income  be  subject  to  the  taxes  imposed 

by  this  act. 
Sections  10  and '      Sect.  12.     Scctious  10  and  11  shall  apply,  so  far  as  apt,  to  asso- 

H   to   apply   to  .  •  1     11  1  1  • 

associations,  and  ciations  and  trusts,  but  said  sections  shall  not  apply  to  partnerships, 
partnerships"    °    associatious  and  trusts  the  beneficial  interest  in  which  is  represented 

associations,    etc.,   i         .  !•         i  i         i 

issuing  transfer-  by  transferable  shares. 

able  shares.  ^^^^^  -,^3      R-etums  of  taxablc  income  under  this  act  shall  be 

madYTnnuaiiy  made  to  the  tax  commission  in  such  form  as  they  may  prescribe 
sion"brMaTch  ou  or  bcforc  the  fifteenth  day  of  March  in  every  year,  but  the  com- 
t*ime^''rft'Sns' not  missiou  may  extend  such  time  for  good  cause.  Returns  shall  not 
to  be  open  to       ^e  opcu  to  the  iuspection  of  any  person  excepting  the  commission 

public  inspection ;  ^  ..  iiii  j_-  ij.i- 

information  as  and  their  deputies,  assistants  and  clerks  when  acting  under  their 
perstJi'^^h^J  filed  a  authority,  and  excepting  to  the  state  treasurer  and  state  auditor 
and  his  deputies,  assistants  and  clerks  when  acting  under  his 
inhabitant,  authority.  Provided,  however,  that  a  properly  authorized  repre- 
sentative of  the  federal  income  tax  department  may  inspect  such 
returns  if  reciprocal  inspection  of  New  Hampshire  returns  in  that 
department  is  permitted  to  a  properly  authorized  representative 
of  the  tax  commission  or  to  the  tax  commission.  The  tax  com- 
mission shall,  on  the  request  of  any  inhabitant  of  the  state,  state 
the  fact  whether  or  not  any  person  has  filed  an  income  tax  return 
for  the  current  or  any  prior  year. 


return  may  be 
furnished    to 
anv 


1923]  Chapter  65.  81 

Sect.  14.     The  tax  commission  shall  have  the  administration  of  Tax  commission  • 
this  act,  and  shall  have  power  to  require  the  production  of  books,  this  acr'and*"^ 
affidavits,  papers  and  documents  of  all  kinds  and  the  appearance  compem^l'^  °^ 
of  any  person,  in  the  state,  to  determine  the  amount  of  any  tax  ^''^^fj^n''^  T  d 
or  to  determine  whether  any  tax  has  been  evaded  or  any  return  tion  of  books. 
falsified,  in  addition  to  the  powers  conferred  upon  said  commis- 
sion by  chapter  169  of  the  Laws  of  1911  and  amendments  thereto. 

Sect.  15.  All  taxes  shall  be  assessed  as  of  January  1,  in  each  ah  taxes  to  be 
year,  and  payable  on  October  first  in  each  year.  If  taxes  are  not  Jan.  i  of  each 
paid  within  fifteen  days  of  that  date,  interest  at  ten  per  cent,  from  payaWe"  on  *oct! 
the  due  date  shall  be  added.  The  tax  commission  or  the  state  th'ereafter^*at 
treasurer  may  issue  a  warrant  for  the  collection  of  any  tax  to  the  ^i.^^'jiu*^  au-°" 
tax  collector  of  any  town  or  city  who  shall  have  the  same  remedies  thorized  to  issue 

,,         .  „  •IT  warrant    for 

and  the  same  fees  for  the  collection  or  such  taxes  as  are  provided  coUection  to 
by  law  for  the  collection  of  taxes  on  personal  estate  by  tax  collect-  any  t^wn. 
ors  of  towns  and  cities. 

Sect.  16,     All  taxes  assessed  by  the  commission  under  this  act  Taxes  to  be  paid 

by  taxpayers  to 

shall  be  paid  direct  to  the  state  treasurer,  by  the  taxpayer,  state  treasurer. 

Sect.  17.     Any  taxpayer  aggrieved  by  the  assessment  of  any  Abatement  may 
tax  under  this  act  may  apply  to  the  commission  for  an  abatement  appHca^tton^to 
within  sixty  days  after  notice  of  the  tax.     If  no  abatement  is  l^^^  o°n  ™^plai" 
granted  by  the  commission  appeal  may  be  had  to  the  superior  therefrom^ jo^^ 
court  within  sixty  days  after  notice  of  the  decision  of  the  commis-  amount  abated 

,.-,,,-,  ..,.,.  •  1     T    1         1  to  be  repaid  by 

sion,  which  shall  have  the  same  jurisdiction  as  provided  by  law  state  treasurer. 

for  tax  appeals  in  other  cases.    The  state  treasurer,  upon  warrant 

from  the  commission  or  the  court  shall  repay  to  the  taxpayer  the 

amount  of  any  abatement. 

Sect.  18.     If  at  any  time  within  two  years  of  the  assessment  Tax  commission 

date  for  any  year  the  commission  shall  find  that  any  taxpayer  who  years  of  an  as- 

did  not  file  a  return,  or  who  filed  a  false  or  incorrect  return,  would  f^t^^payerdfs^ 

have  been  liable  to  a  tax,  or  to  a  greater  tax  than  that  imposed,  Habirfnd^'who 

the  commission  may,  during  such  period,  assess  and  proceed  to  either^  med^no^^^^ 

collect  such  tax  or  such  additional  tax,  with  the  penalties  herein  or  incorrect  re- 
turn. 
imposed. 

Sect.  19.     The  expense  of  administration  of  this  act  shall  be  Expense  of  ad- 
paid  out  of  any  money  in  the  state  treasury  not  otherwise  appro-  act,  how  to  be 
priated  until  taxes  have  been  received  by  the  state  treasurer  here-  ™*''* 
under,  and  thereafter  such  expense  shall  be  paid  out  of  said  taxes. 
The  tax  commission  and  the  state  treasurer  are  hereby  authorized 
to  employ  such  assistance  and  to  incur  such  expense  as  the  governor 
and  council  may  approve,  and  the  governor  is  hereby  authorized 
to  draw  his  warrant  therefor. 

Sect.  20.     The  balance  of  the  tax  in  the  hands  of  the  state  treas-  Balance  of  tax 

receipts    alter 

urer,  after  deducting  all  the  expense  of  administration  or  this  act  deducting  ex- 
for  the  year  in  which  the  tax  is  assessed,  shall  be  distributed  by  the  istration  to  be 
state  treasurer  on  the  thirty -first  day  of  December  of  the  year  of  f^^^l'^  "^and  cUies 


82 


Chapter  65, 


[1923 


where  owner 
of    taxable    in- 
come   resides. 


Penalty   of   $5 
per  day  for  de- 
fault   in    not 
filing   return. 


Penalty  for  filing 
fraudulent   re- 
turn,   or    not 
filing  any  return, 
after  notice  of 
delinquency,    to 
be  fine  or   im- 
prisonment. 


Repeal    of   ex- 
isting laws  pro- 
viding  for   taxes 
on    securities, 
stoclc  obligations, 
etc.  Average  rate 
of  taxation,  how 
may  be 
determined. 
Transfer  of 
questions    by    tax 
commission    to 
supreme    court. 


Takes    effect     on 
passage. 


assessment  to  the  towns  and  cities  where  the  owner  of  the  taxable 
income  resides,  and  in  the  ease  of  unincorporated  places  where  the 
owner  of  taxable  income  resides  it  shall  be  paid  to  the  county 
treasurer  of  the  county  in  which  such  unincorporated  place  is 
situated. 

Sect.  21.  If  any  taxpayer  required  to  file  a  return  under 
this  act  fails  to  file  the  return  within  the  time  prescribed  there 
shall  be  added  to  the  tax  of  such  taxpayer  the  sum  of  five  dollars 
for  every  day  such  default  shall  continue,  but  the  commission  may, 
in  its  discretion  ab^te  the  whole  or  any  part  of  such  additional 
tax  for  good  cause. 

Sect.  22.  Whoever  files  a  fraudulent  return,  and  whoever,  hav- 
ing failed  to  file  a  return  or  having  filed  an  incorrect  or  insufficient 
return  without  reasonable  excuse,  fails  to  file  a  return  within 
twenty  days  after  receiving  notice  of  such  delinquency  from  the 
commission,  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred dollars  nor  more  than  two  thousand  dollars,  or  by  imprison- 
ment for  not  more  than  one  year,  or  both. 

Sect.  23.  Existing  laws  providing  for  taxes  on  securities,  stock, 
obligations,  money  at  interest  and  the  offset  thereon,  and  other 
intangible  property,  the  income  of  which  is  taxable  under  this  act, 
including  the  laws  providing  for  the  taxation  of  money  on  hand  or 
on  deposit,  are  hereby  repealed. 

If  the  tax  i^rovided  for  in  the  preceding  sections  shall  be  held 
invalid  because  levied  at  the  average  rate  of  taxation  throughout 
the  state,  such  taxes  as  have  been  assessed  within  one  year  and  all 
taxes  subsequently  levied  hereunder  shall  be  levied  at  the  rate 
applied  in  the  taxation  of  other  property  in  the  taxing  district 
in  which  the  respective  taxpayers  reside. 

The  tax  commission  may,  at  any  time,  reserve,  certify  and  trans- 
fer to  the  supreme  court  for  decision  any  question  of  law  which 
may  arise  in  connection  with  the  administration  of  this  act.  Such 
reserved  and  certified  case  may  be  entered  in  the  supreme  court 
at  any  time. 

Sect.  24.     This  act  shall  take  effect  upon  its  passage. 


[Approved  May  4,  1923.] 


1923] 


Chapter  66. 
CHAPTER  66. 


83 


AN  ACT  TO  PROVIDE  FOR   THE  TAXATION   OP   GROWING   TIMBER  ON 
WOODLOTS  NOT  EXCEEDING  FIFTY  ACRES. 


Section 

4.  Land   how   withdrawn    from    classifi- 

cation. 

5.  Disputes  to  be  decided  by  state  for- 

ester,    wliose     dei'ision     shall     be 
final. 

6.  Violation    of    act   how   punished. 

7.  Repealing    clause;     takes     effect    on 

passage. 


S'EOTION 

1.  What  land  may  be  listed  as  classified 

forest  land;  application  therefor, 
how  to  be  made. 

2.  Assessors  to  determine  whether  land 

fulfills  requirement  for  classifica- 
tion; certification  and  recording. 
Listing  and  valuation  of  such  land 
for  taxation.  Assessment  not  to 
include  the  value  of  forest  trees 
growing  thereon ;  obligations  of 
purchaser  on  sale. 

3.  Standing  growth  on   classified  forest 

land  shall  not  be  taxed  unless 
timber  is  cut  therefrom. 

Valuation  of  classified  forest 
land  for  npportioning  taxes,  how 
determined. 

Buildings,  etc.,  taxable  as  real 
estate. 

Sworn  return  of  owner  to  as- 
sessors to  be  made  in  April  of 
each   year. 


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

Section  1.  During  the  month  of  March  in  any  year,  an  owner 
of  forest  land,  valued  on  the  town  tax  list  of  the  preceding  year 
for  land,  and  young  growth,  exclusive  of  fuel  wood,  at  not  more 
than  twenty-five  dollars  per  acre  on  the  average,  but  which  is 
so  stocked  with  young  trees,  or  is  to  be  set  to  young  trees,  as  to 
promise  a  minimum  prospective  average  yield  of  twenty-five 
thousand  board  feet  of  merchantable  timber  per  acre,  exclusive 
of  water,  bog  or  ledge,  may  apply  in  writing  to  the  city 
or  town  assessors  or  to  the  tax  commission  for  land  in  unin- 
corporated places,  to  have  not  to  exceed  fifty  acres  of  said 
land  listed  as  classified  forest  land,  and  such  application  shall 
contain  a  description  of  said  land  sufficiently  accurate  for  identi- 
fication. 

Sect.  2.  Within  thirty  days  after  the  receipt  of  said  appli- 
cation the  assessors  shall  decide  whether  the  property  fulfills 
the  requirements  for  classification  and  shall  notify  the  owner  of 
their  decision,  giving  their  valuation  of  the  tract  as  land  alone, 
and  if  within  ten  days  of  notification  the  owner  accepts  their 
decision  the  assessors  shall  give  him  a  certificate  containing  the 
name  of  the  owner  and  a  description  of  the  parcel  to  be  classified, 
and  stating  that  the  land  described  has  qualified  for  classification 


What  land  may 
be  listed   as 
classified   forest 
land ;   application 
therefor,  how  to 
be  made. 


Assessors  to  de- 
termine   whether 
land   fulfills  re- 
quirement   for 
classification ; 
certification     and 
recording.      List- 
ing  and   val- 
uation   of    such 
land    for    taxa- 
tion.      Assess- 
ment not  to  in- 
clude the   value 
of   forest  trees 


84 


Chapter  66. 


[1923 


growing  thereon ; 
obligations    of 
purchaser  on 
sale. 


Standing  growth 
on    classified 
forest   land 
shall  not  be 
taxed  unless 
timber    is    cut 
therefrom. 
Valuation   of 
classifi.ed  forest 
land  for  ap- 
portioning  taxes, 
how  determined. 
Buildings,    etc., 
taxable   as   real 
estate. 

Sworn  return   of 
owner  to  as- 
sessors to  be 
made  in   April 
(if  each   year. 


Land  how  with- 
drawn from 
classification. 


under  the  provisions  of  tliis  act.  Upon  the  recording  of  this  cer- 
tificate by  the  owner  with  the  registry  of  deeds  for  the  county 
where  the  land  lies  the  parcel  shall  become  classified  forest  land. 
Each  parcel  of  land  so  classified  shall  thereafter  be  designated  in 
the  annual  valuation  list  of  the  town,  in  the  column  provided  for 
the  description  of  each  parcel  of  land,  as  classified  forest  land  so 
long  as  the  parcel  remains  classified.  The  valuation  and  tax 
annually  assessed  upon  land  classified  under  this  act  shall  not 
include  the  value  of  forest  trees  growing  thereon.  When  classi- 
fied forest  land  is  sold,  or  otherwise  changes  title,  the  obligations 
of  this  act  shall  devolve  upon  the  new  holder  of  the  title. 

Sect.  3.  The  standing  growth  on  classified  forest  land  shall  not 
be  taxed,  but  the  owner  of  such  land,  except  as  hereinafter  provided, 
shall  pay  a  tax  at  the  same  rate,  and  valuation  as  other  cut  timber 
of  the  same  class  is  taxed  and  valued  at,  in  tlie  same  year,  for  any 
timber  cut  therefrom,  but  the  owner  of  classified  forest  land  may 
cut  wood  from  such  land  for  his  own  use  or  for  the  use  of  a  tenant 
only,  and  not  in  excess  of  fifty  dollars  stumpage  value  in  any  one 
year  free  of  tax.  The  valuation  for  apportioning  tlie  state 
and  county  tax  among  the  towns,  on  classified  forest  land,  shall  be 
the  valuation  of  land  made  by  assessors  when  application  for 
classification  was  made.  Buildings  and  other  improvements, 
water  rights,  or  mining  rights,  or  other  land  value  on  classified 
land  shall  be  taxed  as  real  estate  with  the  land  on  which  they  stand. 
The  owner  shall  make  a  sworn  return  to  the  assessors  in  A})ril  of 
each  year  of  the  amount  of  wood  and  timber  cut  in  the  preceding 
year  from  the  first  day  of  April. 

Sect.  4.  When  in  the  judgment  of  the  assessors  classified 
forest  land  contains  on  the  average  per  acre  twenty-five  thousand 
board  feet  of  merchantable  timber,  they  shall  notify  the  owner  that 
two  years  from  date  of  notification  the  land  and  timber  will  be 
taken  from  the  classified  forest  land  list  and  placed  in  the  general 
property  tax  list.  Should  the  owner  elect  to  reduce  the  volume  of 
timber  below  the  average  of  twenty-five  thousand  board  feet  per 
acre,  under  the  conditions  of  section  3  of  this  act,  the  land  shall 
remain  classified.  An  owner  may  withdraw  his  land  from  classifi- 
cation at  any  time  by  the  payment  of  the  land  tax,  and  a  tax  on  the 
estimated  value  of  the  standing  timber,  at  the  same  rate  of  other 
property  for  that  year.  Within  thirty  days  after  an  owner  re- 
quests to  withdraw  his  land  from  classification  the  assessors  shall 
determine  the  taxes  due  thereon,  which  must  be  paid  before  the 
land  is  taken  from  the  classified  list.  When  in  the  judgment  of  the 
assessors  classified  forest  land  becomes  more  valuable  for  other  use 
than  the  production  of  trees  they  may,  after  thirty  days'  notice, 
withdraw  said  land  from  classification,  and  any  taxes  due  thereon 
shall  be  paid  at  the  time  of  withdrawal,  provided  that  the  owner 
may  appeal  against  witlidrawal  to  the  state  forester,  whose  decision 


1923] 


Chapter  67. 


85 


Disputes  to  be 

state 


shall  be  final.  Whenever  land  is  withdrawn  Trom  (dassification 
the  assessors  shall  record  in  the  registry  of  deeds  a  certificate  set- 
ting forth  such  withdrawal,  and  containing  reference  by  book  and 
page  of  record  of  the  certificate  under  which  said  land  was  classi- 
fied. 

Sect.  5.     In  case  of  dispute  as  to  the  eligibility    of    land    for 
classification,  or  as  to  the  volume  of  wood  or  timber  contained  on  foreffel  ^whole 
such  land,  or  cut  therefrom  either  party  may  appeal  to  the  state  3®^,^*°"  ^'^^^  ^^ 
forester,  who  shall  examine  the  property,   who   shall  hear   both 
parties,  and  whose  decision  shall  be  final. 

Sect.  6.     Any  owner  of  classified  forest  land  who  fails  to  comply  violation  of  act 
with  the  requirements  of  this  chapter  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than 
two  hundred  dollars,  and  in  addition  to  said  penalty  the  land  may 
be  withdrawn  from  classification  by  the  assessors. 

Sect.  7.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are  Repealing  clause; 
hereby  repealed  and  this  act  shall  take  effect  upon  its  passage.  pas^slge.^ 


[Approved  May  4,  1923. 


CHAPTER  67. 

AN  ACT  RELATING  TO  AN  .VBATBMENT  OF  STATE  AND  COUNTY  TAXES  TO 
TOWNS  HAVING  FOREST  LANDS  IN  THE  POSSESSION  OF  THE  NATIONAL 
GOVERNMENT. 


Section 

1.  Towns  wherein  are  national  forest 
reserve  lands  may  apply  to  tax 
commission  to  abate  portion  of 
state  tax;  notice  and  hearing; 
certification  of  abatement  to  be 
made  to  state  treasurer,  who 
shall  account  t^  town  for  abate- 
ment. 


Suction 

2.  Abatement  of  county  taxes  may  be 
similarly  applied  for  to,  and 
granted  by  county  commissioners. 

'■',.  Expenses  of  application  by  whom 
to  be  borne. 

4.     Takes    effect   on   passage. 


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


Section  1.     Any  town  in  which   national  forest  reserve  lands  Towns  wherein 
are  situated  may  apply,  by  its  selectmen,  to  the  tax  commission,  fo^rest^reserve 
annually,  before  September  1,  for  an  abatement  of  its  portion  of  to°tixM^Sn 
the  state  tax  to  an  amount  not  exceeding  one  half  the  taxes  for  l\  f^^^  ^^^■°" 
all  purposes  which  such  town  might  have  received  from  taxes  on  P"*'"®  *?.!  %'"• 

.,,,.  ,  1-1.  "'S;  certification 

said  lands  in  such  year  had  said  lands  been  taxable.    The  tax  com-  of  abatement  to 
mission  shall  give  notice  of  such  application  and  of  hearing  thereon  treasurer,  "wL^ 


86 


Chapter  67. 


1923 


shall    account    to 
town   for  abate- 
ment. 


Abatement    of 
county  taxes  may 
be  similarly  ap- 
plied for  to,  and 
granted  by 
county  com- 
missioners. 


Expenses  of 
application   by 
whom   to  be 
borne. 


Takes  effect  on 
passage. 


by  publication  in  some  newspaper  published  in  the  county  in  which 
said  town  is  situated,  and  after  hearing  and  investigation  and  upon 
good  cause  may  make  an  abatement  of  such  an  amount  as  equity 
may  require  subject  to  the  limitations  above  provided.  If  an 
abatement  is  granted  the  commission  shall  certify  the  fact  and 
the  amount  to  the  state  treasurer  who  shall  account  to  said 
town  for  such  abatement  out  of  any  funds  in  the  treasury  not 
otherwise  appropriated.  In  making  any  abatement  the  com- 
mission shall  consider  among  all  other  facts,  the  amount 
of  compensation,  if  any,  which  such  town  has  received  in 
any  year  from  the  federal  government  through  sale  of  trees  from 
such  land. 

Sect.  2.  Application  for  an  abatement  of  county  taxes  may  be 
made  to  the  county  commissioner  of  the  county  in  which  such  town 
is  situated  in  like  manner,  and  upon  like  procedure  the  county  com- 
missioners for  good  cause  may  abate  a  portion  of  the  county  taxes 
due  from  said  town  not  exceeding  one  half  the  taxes  for  county 
purposes  which  such  town  might  have  received  from  taxes  on  said 
lands  in  such  year  had  said  lands  been  taxable,  and  the  county 
treasurer  shall  account  to  such  town  for  such  an  abatement  upon 
warrant  from  the  commissioners.  But  no  such  application  may  be 
made  or  abatement  granted  unless  the  tax  commission  first  shall 
have  found  and  certified  to  said  commissioners  that  any  abatement 
granted  by  the  tax  commission  for  that  year,  under  section  1  above, 
is  insufficient  to  afford  equitable  relief  to  the  town  making  such 
application. 

Sect.  3.  Any  expense  incurred  from  such  application,  investi- 
gation or  hearing  shall  be  paid  by  the  town  making  such  applica- 
tion, but  in  the  event  of  the  granting  of  an  abatement  the  amount 
of  such  expense  shall  be  included  in  the  amount  of  taxes  abated. 

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

[Approved  May  4,  1923.] 


1923]  Chapter  68.  87 

CHAPTER  68. 

AN  ACT  IN  AMENDMENT  OP  CHAPTER  56  OF  THE  PUBLIC  STATUTES  AS 
AMENDED  BY  CHAPTER  12  OF  THE  LAWS  OF  1921,  RELATING  TO  THE 
EXEMPTION  FROM  TAXATION  OF  VETERANS  OF  THE  WAR  OF  THE 
REBELLION,  THE  SPANISH-AMERICAN  WAR,  THE  PHILIPPINE  IN- 
SURRECTION, THE  WORLD  WAR,  AND  THEIR  WIVES  AND  WIDOWS. 


Section 

1.      Exemption     of    certain     veterans    of 
World    War,    etc.,    from   poll    tax. 


Section 


E.\emption  of  disabled  veterans  of 
World  War,  etc.,  and  others  from 
poll  tax;  exemption  of  property 
of  veterans,   etc.,   from  taxation. 


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

Section  1.  Amend  section  2,  chapter  56,  Public  Statutes,  as  Exemption  of 
amended  by  section  1,  chapter  12,  Laws  of  1921  by  inserting  after  of  Worirwa",^ 
the  word  ''Insurrection"  in  lines  4  and  10  the  words  or  of  the  ^^"^•;  ^""•"^  p*'" 
World  War  or  of  any  other  v/ars  in  which  the  United  States  has 
been  engaged  so  that  said  section,  as  amended,  shall  read  as  follows : 
Sect.  2.  Any  soldier,  sailor  or  marine  of  the  War  of  the  Rebellion 
or  of  the  Spanish-American  War  or  of  the  Philippine  Insurrection 
or  of  the  World  War  or  of  any  other  wars  in  which  the  United 
States  has  been  engaged,  who  shall  present  to  the  selectmen  or  as- 
sessors of  the  town  in  which  he  lives,  for  inspection  and  record,  his 
pension  certificate  awarding  to  such  soldier,  sailor  or  marine  an 
invalid  pension  of  any  amount,  or  an  honorable  discharge  of  such 
soldier,  sailor  or  marine  from  the  service  of  the  United  States  in 
said  Rebellion  or  said  Spanish-American  War  or  said  Philippine 
Insurrection,  or  of  the  World  War  or  of  any  other  wars  in  whiclf 
the  United  States  has  been  engaged,  shall  thereafter  be  exempt 
from  levy  of  poll  tax. 

Sect.  2.     Amend    section   4,    chapter    56,    Public    Statutes,    as  Exemption  of  dis- 
amended  by  section  2,  chapter  12,  Laws  of  1921,  as  amended  by  of  Worid  war. 
section  1,  chapter  103,  Laws  of  1921,  by  inserting  in  line  10  after  from  poii  i&xT^ 
the  figures  "1918"  the  words  or  of  any  other  wars  in  which  the ^^^^^^t^'^f"^ 
United  States  has  been  engaged ;  further  amend  by  inserting  in  ^^^'^''^t^x'ation" 
line  15  after  the  word  "Insurrection"  the  words  or  of  the  World 
War  or  of  any  other  war  in  which  the  United  States  has  been  en- 
gaged so   that  said  section,   as   amended,  shall   read   as   follows : 
Sect.  4.   The  selectmen  of  towns  and  the  assessors  of  cities  in  their 
discretion  may  exempt  any  other  soldier,  sailor  or  marine  who 
served  in  the  War  of  the  Rebellion,  or  the  Spanish-American  War, 
or    the    Philippine    Insurrection,    or    the    World    War    prior    to 
November  12,  1918,  or  of  any  other  wars  in  which  the  United  States 
has  been  engaged,  and  is  disabled  in  consequence  of  such  service, 
from  paying  a  poll  tax,  and  every  soldier,  sailor  or  marine  residing 


88 


CliAl'TEK    6!J. 


[1928 


in  New  Hampshire  who  served  for  thirty  days  or  more  in  the  army 
of  the  United  States  during  the  War  of  the  Rebellion  or  the  Spanish- 
American  War  or  the  Philippine  Insurrection  or  of  the  World  War 
or  of  any  other  war  in  which  the  United  States  has  been  engaged, 
and  received  an  honorable  discharge  from  that  service,  and  the  wife 
or  widow  of  any  such  soldier,  sailor  or  marine  in  consideration  or 
recognition  of  such  service,  shall  be  exempt  each  year  from  taxation 
upon  his  taxable  property  to  thte  value  of  one  thousand  dollars ; 
provided,  such  soldier,  sailor  or  marine  and  his  wife,  if  any,  shall 
not  own  property  to  the  value  of  five  thousand  dollars  or  more. 

[Approved  May  4,  1923.] 


CHAPTER  69. 

AN    ACT   RELATING    TO   POLL   TAX    OP    SOLDIERS '    WIDOWS. 


S'kction 

1.     Widows  of  soldiers,  etc.,  exempt  from 
poll  tax. 


Kkction 

2.     Takes  effect  on  passage. 


Be  it  enacted  hy  the  Senate  a7id  House  of  Representatives  in 
General  Court  convened: 


Widows  of  sol- 
diers,  etc.,   ex- 
empt from    iniU 
tax. 

Takes  effect  on 
passage. 


Section  1.  No  poll  tax  shall  be  assessed  against  a  widow  of  any 
soldier,  sailor  or  marine  who  served  in  the  army,  navy  or  marine 
corps  in  any  war  in  which  the  United  States  has  been  engaged. 

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

[Approved  May  4,  1923.] 


1923]  Chapter  70.  89 

CHAPTER  70. 

AN  ACT  IN  AMENDMP:NT  OP  SECTION  1  OF  CHAPTER  41  OP  THE  LAWS  OP 
1921,  RELATING  TO  THE  EXEMPTION  PROM  TAXATION  OP  THE  PROP- 
ERTY OP  EDUCATIONAL,  CHARITABLE,  RELIGIOUS  AND  OTHER  SOCIETIES 
AND   INSTITUTIONS. 

Section  1  Section 

1.     Parsonages   occupietl    liy    ijastors   ex-  2.     What     real     estate     exempted     from 

empt  from  taxation.  taxation. 

I        3.     Takes  effect  on  passage. 

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

Section  1.     Amend  section  1   of  chapter  150  of  the  Laws  of  Parsonages  oc- 

-./>■■         .         ^-<r>.iT  r»  -inr»-i    i       cupied  by  pastors 

1915  as  amended  by  section  1  of  chapter  41  of  the  Laws  ot  1921  by  exempt  from 
adding  the  words  including  parsonages  occupied  by  their  pastors  *»^^*'°"- 
after  the  words  "for  which  they  are  incorporated"  so  that  said 
section  as  amended  shall  read  as  follows:  Section  1.  The  personal 
property  of  institutions  devoted  to  educational  purposes,  charita- 
ble and  religious  societies^  and  of  temperance  societies,  incorporated 
within  this  state,  and  the  real  estate  owned  and  occupied  by  them, 
their  officers,  or  their  students  for  the  purposes  for  which  they  are 
incorporated,  including  parsonages  occupied  by  their  pastors,  and 
personal  property  owned  and  real  estate  owned  and  occupied  by 
the  Grand  Army  of  the  Republic,  the  United  Spanish  War  Veterans, 
or  the  American  Legion,  shall  be  exempt  from  taxation,  provided 
none  of  the  income  or  profits  of  the  business  of  such  corporations 
or  institutions  is  divided  among  the  stockholders  or  members,  or  is 
used  or  appropriated  for  other  than  educational,  charitable,  or 
j'eligious  purposes,  and  provided  further,  that  in  each  case  such 
exemption  is  limited  to  $150,000.  Towns  are  hereby  authorized 
to  increase  such  exemption  to  such  an  amount  as  they  may  vote, 
by  a  majority  of  those  present  at  any  regular  town  meeting,  acting 
under  an  article  duly  incorporated  in  the  warrant  for  said  meet- 
ing ;  and  cities  are  authorized  to  increase  such  exemptions  to  such 
an  amount  as  the  city  government  may  vote  and  the  mayor  approve. 

Sect.  2.  Amend  section  2  of  chaf)ter  55  of  the  Public  Statutes  what  real  estate 
by  striking  out  the  words  "twenty-five  hundred  dollars  of  the  f^x^fon.  '^'"" 
value  of  parsonages  owned  by  religious  societies  and  occupied  by 
their  pastors"  so  that  said  section  2  as  amended  shall  read  as 
follows :  Sect.  2.  Real  estate,  whether  improved  or  unimproved, 
and  whether  owned  by  residents  or  others,  is  liable  to  be  taxed, 
except  houses  of  public  worship,  schoolhouses,  seminaries  of  learn- 
ing, real  estate  of  the  United  States,  state,  or  town  used  for  public 
purposes,  and  almshouses  on  county  farms. 

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

[Approved  May  4,  1923.] 


90 


Chapter  71. 
CHAPTER  71. 


[1923 


AN    ACT    TO    PROVIDE   FOR    THE    ASSESSMENT    AND    COLLECTION    OP    AN 
ANNUAL  STATE  TAX  FOR  THE  TERM  OF  TWO  YEARS. 


Section 

1.  Annual  state  tax  of  $1,150,000  to  be 
raised  for  1923  and  a  like  amount 
for   1924. 


Section 

2.     Takes  effect  on  passage. 


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

Annual  state  tax  SECTION  1.  The  sum  of  eleveii  hundred  and  fifty  thousand 
hi  ^ril^eTZ  *°  dollars  shall  be  raised  for  the  use  of  the  state  for  the  year  1923, 
amounrfo/  """^  ^ud  the  sum  of  eleven  hundred  and  fifty  thousand  dollars  shall  be 
1924.  raised  for  the  use  of  the  state  for  the  year  1924  and  the  state  treas- 

urer is  hereby  directed  seasonably  to  issue  his  warrants  to  the  select- 
men of  the  several  tOAvns  and  places,  and  to  the  assessors  of  the  sev- 
eral cities,  in  the  state,  according  to  the  apportionment  of  the  public 
taxes  made  at  the  January  session  of  the  legislature  in  1923, 
and  the  selectmen  of  such  towns  and  places  and  the  assessors 
of  such  cities,  are  hereby  directed  to  assess  the  surns  specified 
in  said  warrants  and  cause  the  same  to  be  paid  to  said  treasurer 
on  or  before  the  first  day  of  December,  1923,  and  the  first  day  of 
December,  1924;  and  the  state  treasurer  is  hereby  authorized  to 
issue  his  extent  for  all  taxes  which  shall  remain  unpaid  on  the 
dates  last  above  mentioned. 

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


Takes  effect  on 
passage. 


[Approved  May  4,  1923.^ 


1923]  Chapter  72.  91 

CHAPTER  72. 

AN  ACT  IN  AMENDMENT  OF  SECTIONS  4  AND  5  OF  CHAPTER  65  OF  THE 
PUBLIC  STATUTES  AND  ALL  AMENDMENTS  THERETO,  RELATING  TO 
THE  TAXATION   OF   SAVINGS  BANKS. 


Section 

3.     Takes  effect  on  passage. 


Section 

1.  Savings  banks,  etc.,  to  make  annual 

statement    to    state    treasurer. 

2.  Savings  banks,  etc.,  shall  pay  annual 

excise  tax  of  three-fourths  of  1% 
on  interest-bearing  deposits  after 
certain  specified  deductions;  also 
annual  excise  of  1  %  on  special 
deposits  or  capital  stock  after 
certain  deductions. 

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

Section  1.     Amend  section  4,  chapter  65  of  the  Public  Statutes  savings  banks, 
as  amended  by  section  1,  chapter  108  of  the  Laws  of  1895,  section  annual  state- 
1,  chapter  82,  Laws  of  1901,  section  1,  chapter  102,  Laws  of  1907,  Seasur^er^ 
section  1,  chapter  112,  Laws  of  1913,  section  1,  chapter  83,  Laws  of 
1915,  and  section  1,  chapter  124,  Laws  of  1917,  by  striking  out  the 
entire  section  and  inserting  in  the  place  thereof  a  new  section  to 
read  as  follows:     Sect.  4.     The  treasurer  of  every  savings  bank, 
trust  company,  loan  and  trust  company,  loan  and  banking  com- 
pany, building  and  loan  association  and  other  similar  corporations 
organized  under  the  laws  of  this  state  shall,  on  or  before  the  first 
day  of  May  in  each  year,  transmit  to  the  state  treasurer,  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 
corporation  pays  interest  and  of  its  capital  stock  belonging  to  resi- 
dents 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, 
and  the  amount  not  exceeding  five  per  cent,  of  the  deposits  in- 
vested in  acceptances  of  member  banks  of  the  federal  reserve 
system  of  the  kinds  and  maturities  made  eligible  for  rediscount  or 
purchase  by  federal  reserve  banks,  and  the  amount  invested  in  the 


92 


Chapter  72. 


1923 


Savings  banks, 
etc.,   shall   pay 
annual    excise 
tax    of    tliree- 
fourths   of    1% 
on   interest-bear- 
ing   deposits 
after  certain 
specified   deduc- 
tions; also  an- 
nual excise  of 
1%    on    special 
deposits  or  capi- 
tal   stock    after 
certain   deduc- 
tions. 


Takes  effect  on 
passage. 


capital  stock  of  national  banks  located  in  this  state,  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 
inserted  by  section  2,  chapter  194,  Laws  of  1911,  and  amended  by 
section  1,  chapter  112,  Laws  of  1913,  and  by  section  1,  chapter  83, 
Laws  of  1915,  and  by  section  2,  chapter  124,  Laws  of  1917,  by 
striking  out  the  entire  section  and  inserting  in  place  thereof  a  new 
section  to  read  as  follows:  Sect.  5,  Every  such  corporation,  ex- 
cept 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  conduct- 
ing the  business  of  a  savings  bank  or  other  such  corporation,  equal 
in  amount  to  three  quarters  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  ex- 
ceeding 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  the  amount  not  exceeding  five  per  cent,  of 
the  deposits  invested  in  acceptances  of  member  banks  of  the  federal 
reserve  system  of  the  kinds  and  maturities  made  eligible  for  redis- 
count or  purchase  by  federal  reserve  banks,  and  the  amount  in- 
vested in  the  capital  stock  of  national  banks  located  in  this  state; 
and  every  guaranty  savings  bank,  trust  company,  loan  and  trust 
company,  loan  and  banking  company,  and  all  other  similar  corpora- 
tions, 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  deducting  the  value  of  all  real  estate  owned 
by  the  corporation  and  not  already  deducted  from  the  amount  of 
its  general  deposits  as  hereinbefore  provided.  No  deduction  from 
deposits  subject  to  tax  on  account  of  real  estate  loans  made  in  New 
Hampshire  shall  be  allowed,  if  the  borrower  either  directly  or  in- 
directly pays  a  larger  rate  of  interest  than  five  per  cent. 

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


[Approved  May  4,  1923. 


1923] 


Chapter  73. 


93 


CHAPTER  73. 

AN  ACT  IN  AMENDMENT  OF  SECTION  1,  CHAPTER  45,  LAWS  OF  1905,  AS 
AMENDED  BY  CHAPTER  25,  LAWS  OF  1915,  ENTITLED  "an  ACT  FOR 
THE  PROTECTION  OF  SAVINGS  BANKS  AND  OTHER  SAVINGS  INSTITU- 
TIONS.'^ 


Skction 

1.     Depositor   may   be   required   to   pub- 
lish notice  of  lost  deposit  book. 


Section 

2.     Takes  effect  on  passage. 


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

Section  1.     Strike  out  section  1  of  chapter  45,  Laws  of  1905  as  Depositor  may 

ar-    T  p  inir-  t        i       •  '  De    required    to 

aineiided  by  chapter  25,  Laws  or  1915,  and  substitute  the  following:  publish  notice 
Section  1.  Whenever  the  deposit  book  of  a  depositor  in  a  savings  book*!^  *''"'''' 
bank,  savings  department  of  a  trust  company,  or  savings  department 
of  a  national  bank  is  alleged  to  be  lost  or  destroyed,  and  the  deposi- 
tor shall  request  such  bank  or  institution  to  issue  to  him  a  duplicate 
thereof,  he  shall,  if  such  bank  or  institution  so  requires,  advertise 
such  loss  or  destruction  by  publishing  a  notice  thereof  containing 
a  description  of  such  book  by  its  date  and  number,  together  with 
the  name  of  the  bank  or  institution  which  issued  the  same,  three 
weeks  successively  in  a  newspaper  published  in  the  town  where 
the  bank  or  institution  is  situated ;  or,  if  there  is  no  newspaper  pub- 
lished in  such  town,  then  in  a  newspaper  published  in  the  county 
where  such  savings  institution  is  situated,  and  by  posting  a  like 
notice  at  the  office  of  such  bank  or  institution. 


Sect.  2.     This  act  shall  take  effect  upon  its  passage, 
[Approved  May  4,  3923.] 


Takes  effect   on 
pas/sage. 


CHAPTER  74. 


a;n  act  relating  to  bonds  to  be  furnished  by  officers  op  SAV-- 

INGS  BANKS. 

Skction   1.     Treasurer,    officers,    employees   of   savings   bank    or    trust    company   may   be 
included   in   one   or  more   blanket  or   schedule  Ixinds. 

Be  it   enacted   hy  the  Senate   and  Hausc   of  Beiyresentatives  in 
General  Court  convened: 

Section  1,     Amend  section  6,  chapter  165  of  the  Public  Statutes,  Treasurer,  officers, 
as  amended  by  section  1,  chapter  58,  Laws  of  1893,  by  adding  at  s^v^SsTank  or 
the  end  of  said  section  the  following:    Provided,  also,  that  in  lieu  ^''"^'  company 


94  Chapter  74.  [1923 

may  be  included  of  the  bonds  hereinbefore  provided  for,  the  treasurer  and  any 
blanket °(fr  ^*he*d-  othcr  officers  and  employees  of  a  savings  bank  or  trust  company 
uie  bonds.  may,  with  the  approval  and  consent  of  the  bank  commission,  be 

included  in  one  or  more  blanket  or  schedule  bonds,  in  such  amounts 
not  less  than  those  hereinbefore  specified,  and  upon  such  conditions 
and  with  such  sureties  as  may  be  approved  by  the  bank  commission, 
so  that  said  section  as  amended  shall  read  as  follows :  Sect.  6.  The 
treasurer  of  every  savings  bank  shall  give  a  bond  to  the  bank,  with 
sufficient  sureties,  for  the  faithful  performance  of  his  duties.  The 
penal  sum  of  the  bond  shall  not  be  less  than  twenty-five  thousand 
dollars,  nor  more  than  one  hundred  thousand  dollars.  If  the  de- 
posits of  the  bank  exceed  one  hundred  thousand  dollars,  five  thou- 
sand dollars  shall  be  added  to  the  minimum  penal  sum  for  each 
sum  of  one  hundred  thousand  dollars  of  deposits  or  fractional  part 
thereof,  until  the  maximum  penal  sum  is  reached :  Provided,  that 
if  the  treasurer  of  any  savings  bank  shall  give  a  bond  of  an  in- 
demnity company  licensed  by  the  insurance  commissioner  to  do 
business  in  this  state,  the  penal  sum  of  the  bond  shall  not  be  less 
than  fifteen  thousand  dollars,  nor  more  than  fifty  thousand  dollars. 
If  the  deposits  of  the  bank  exceed  one  hundred  thousand  dollars, 
twenty-five  hundred  dollars  shall  be  added  to  the  minimum  penal 
sum  for  each  sum  of  one  hundred  thousand  dollars  of  deposits  or 
fractional  part  thereof,  until  the  maximum  penal  sum  is  reached. 
Provided,  also,  that  in  lieu  of  the  bonds  hereinbefore  provided  for, 
the  treasurer  and  any  other  officers  and  employees  of  a  savings  bank 
or  trust  company  may,  with  the  approval  and  consent  of  the  bank 
commission,  be  included  in  one  or  more  blanket  or  schedule  bonds, 
in  such  amounts  not  less  than  those  hereinbefore  specified,  and  upon 
such  conditions  and  with  such  sureties  as  may  be  approved  by  the 
'  bank  commission. 

[Approved  May  4,  1923.] 


1923] 


Chapter  7r 


95 


CHAPTER  75. 

AN  ACT  TO  PROVIDE  FOR  A  ROAD  TOLL  AND  TO  AMEND  LAWS  OP  1921, 
CHAPTER  119,  SECTION  25,  RELATIVE  TO  LICENSE  PEES  ON  MOTOR 
VEHICLES. 


Skction 

1.  Definition  of  terms  "dealer,"  "fuels," 

"distributor." 

2.  Distributors  to  procure  license. 

3.  Distributors    shall     keep    record    of 

importations  and   sales. 

4.  Distributors     shall     render     monthly 

report  to  corr.missioner  of  motor 
vehicles  of  fuel  sold,  and  pay 
road  toll  thereon  from  July  1, 
1923.  Commissioner  of  motor 
vehicles  shall  transmit  to  state 
treasurer  statement  of  road  tolls 
due  from  distributors. 

5.  Refund  of  road  tolls  where  fuel  not 

used  for  highway  vehicles. 

6.  Penalty    for    violation    of    act;    civil 

action  for  recovery  of  road  tolls. 

7.  Act  not  to   apply   to    interstate   com- 

merce. 


9. 


10. 


Section 

8.  Commissioner  of  motor  vehicles 
authorized  to  require  carriers  to 
report  shipments  of  fuel  into 
state. 

Revenue  from  road  tolls  to  be  ap- 
plied as  is  revenue  from  fees  for 
registration    of   motor    vehicles. 

Commissioner  of  motor  vehicles  may 
on  application  of  manufacturer 
or  dealer  issue  certificate  of  regis- 
tration and  a  general  distinguish- 
ing number.  Number  plates  so 
assigned  shall  not  be  loaned. 
Temporary  number  plates  how 
furnished  and  how  to  be  used. 

Fees  for  registration  of  motor 
vehicles. 

Provisions  as  to  road  tolls  to  be  in 
effect  July  1,  1923;  all  other 
provisions  take  effect  Jan.  1, 
1924.  Alternate  provision  as  to 
road  tolls. 


11. 


12. 


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


Section  1.     Amend  chapter  119,  Laws  of  1921,  section  1,   as  Definition   of 
follows:    Add  to  the  definition  of  "Dealer"  as  contained  in  said  Iff^'^f^  ""^f.^'i^g^'" 
section  the  following :   who  sells  at  retail  fuels  as  herein  defined,  tributir." 
Insert  at  the  end  of  said  section  1  the  following:  "Fuels"  shall 
include  gasoline,  benzol  or  other  products  used  in  internal  com- 
bustion engines  in  the  propulsion  of  motor  vehicles  over  the  high- 
ways of  this  state.     "Distributor"  shall  include  any  person,  as- 
sociation of  persons,  firm  or  corporation  wherever  resident  or  lo- 
cated who  imports  or  causes  to  be  imported  for  sale  or  use  fuels  as 
herein  defined  into  the  state;  and  also  any  person,  association  of 
persons,  firm  or  corporation  who  produces,  refines,  manufactures  or 
compounds  fuels  as  herein  defined. 

Sect,  2.     Every   distributor   is   hereby  required   within  thirty  Distributors  to 
(30)  days  after  this  act  shall  go  into  effect  and  thereafter  bef ore  p'"'"'""  """"'"• 
continuing  in  or  commencing  to  transact  the  business  of  a  dis- 
tributor as  herein  defined  to  procure  a  license  from  the  commis- 
sioner of.  motor  vehicles  permitting  him  to  continue  or  to  com- 
mence to  engage  in  such  business  within  this  state. 

Sect.  3.     Every  such  distributor  shall  keep  such  record  of  im-  Distributors 
portations  and  sales  of  such  fuels  as  the  commissioner  of  motor 'f"'imp''oTtationT'^ 
vehicles  may  prescribe.     Such  records  shall  be  preserved  by  said  '*"'*  ^'*'^*- 


96 


Chapter  7."). 


[1923 


Distributors  shall 
render  monthly 
report    to    com- 
missioner of 
motor  vehicles  of 
fnel   sold,    and 
pay    road    toll 
thereon  from  July 
1.   1923.      Com- 
missioner   of 
motor  vehicles 
shall    transmit    to 
state    treasurer 
statement  of 
road   tolls   due 
from   distributors. 


Refund  of  road 
tolls    where    fuel 
flot    used    for 
highway 
vehicles. 


Penalty     for 
violation  of  act ; 
civil   action    for 
recovery     of 
road  tolls. 


Act  not  to 
apply   to    inter- 
state   commerce. 


Commissioner  of 
motor   vehicles 
authorized    to 
require     carriers 
to   report    ship- 
ments   of    fuel 
into  state. 


distributors  for  two  years  and  shall  be  offered  for  inspection  upon 
verbal  or  written  demand  of  the  commissioner  of  motor  vehicles, 
or  his  inspector. 

Sect.  4.  Every  distributor  shall  on  or  before  the  fifteenth  day 
of  each  month  render  a  report  to  the  commissioner  of  motor  vehi- 
cles, stating  the  number  of  gallons  of  such  fuel  sold  in  the  state  by 
him  during  the  preceding  calendar  month  on  forms  to  be  furnished 
by  said  commissioner  of  motor  vehicles;  and  said  report  shall  con- 
tain such  other  information  as  the  commissioner  of  motor  vehicles 
shall  prescribe.  On  or  before  the  first  day  of  the  calendar  month 
succeeding  the  filing  of  said  report  such  distributor  shall  pay  to 
the  state  treasurer  a  road  toll  of  one  (1^)  cent  per  gallon  from  July 
1,  1923  to  January  1,  1924,  and  two  (2)  cents  thereafter,  upon 
each  gallon  so  reported,  the  same  being  collected  by  the  distributor 
from  the  dealer  and  by  the  dealer  from  the  consumer.  On  or 
before  the  first  day  of  each  calendar  month,  the  commissioner  of 
motor  vehicles  shall  transmit  to  the  said  state  treasurer  such  in- 
formation as  shall  show  all  road  tolls  due  from  each  distributor 
under  the  provisions  of  this  act. 

Sect.  5.  Whenever  any  person  shall  purchase  any  such  fuels 
for  any  purpose  other  than  for  the  propulsion  of  motor  vehicles 
upon  highways,  he  may  within  six  (6)  months  after  the  date  of 
said  purchase  present  to  the  state  treasurer  on  blanks  furnished 
by  tile  state  treasurer  a  statement  under  oath  as  to  the  number  of 
gallons  used  for  such  other  purposes  and  the  name  of  the  person 
from  whom  purchased;  and  the  state  treasurer  upon  satisfying 
himself  that  said  fuel  was  actually  used  for  such  other  purposes, 
shall  refund  the  road  toll  of  one  (1)  cent  per  gallon  from  July  1, 
1923  to  January  1,  1924,  and  two  (2)  cents  thereafter,  to  said 
purchaser. 

Sect.  6.  Anj^  distributor,  dealer  or  purchaser  of  such  fuels  who 
shall  violate  any  provision  of  this  act,  or  shall  wrongfully  claim 
such  refund,  or  wrongfully  fail  to  pay  the  road  toll  to  any  dealer 
or  distributor,  shall  be  fined  not  more  than  one  hundred  dollars 
($100).  Whenever  any  distributor  shall  fail  to  pay  any  road  toll 
due  under  the  provisions  of  this  act  within  the  time  limit  herein, 
the  attorney-general  shall  enforce  payment  of  such  road  toll  by 
civil  action  against  such  distributor  or  purchaser  for  the  amount 
of  such  road  toll  in  a  court  of  appropriate  jurisdiction. 

Sect.  7.  Neither  this  act  nor  any  provision  thereof,  except 
v/hen  specifically  so  stated,  shall  apply  or  be  construed  to  apply  to 
international  or  interstate  commerce,  except  in  so  far  as  the  same 
may  be  permitted  under  the  provisions  of  the  Constitution  of  the 
United  States  and  the  Acts  of  Congress. 

Sect.  8.  The  commissioner  of  motor  vehicles  is  hereby  given 
authority  to  require  from  common  carriers  within  the  state  reports 
as  to  the  shipment  of  fuels  into  the  state. 


1923]  Chapter  75.  97 

Sect.  9.     All  revenue  from  the  road  toll  herein  provided  for  ^^^^"^"l^ix^^^  ^e 
after  pavine  the  expense  of  collection,  is  to  be  disposed  of  in  like  applied  as  is 

,  .  .  revGiiue  frotn 

manner  as  the  revenue  from  the  registration  fees  of  motor  vehicles,  fees  for  registra- 

Sect.  10.     Amend  section  4  of  chapter  119  of  the  Laws  of  1921  vXicies.  "°*°' 
by  striking  out  the  whole  of  said  section  and  inserting  in  place  commissioner 
thereof  the  following:   A  manufacturer  or  dealer  may  make  appli- 5^ay"oirapp^H-'^'''^ 
cation  to  the  commissioner  of  motor  vehicles  upon  blanks  furnished  ^^a^ion  of  ma""- 

^  lacturer  or   cieaifr 

by  him  for  that  purpose  for  a  general  distinguishing  number  for  issue  certificate 
such  motor  vehicles.     Said  commissioner  may,  if  he  is  satisfied  of  and  a  general 
the  facts  stated  in  such  application,  grant  the  same  and  issue  to  numbfr.'^  Xfm- 
the  applicant  a  certificate   of  registration  containing  the  name,  assiJJled'^^  shaii 
residence  and  address  of  such  applicant  and  the  general  distinguish-  "o^  '^o^ral"'^"*^'^' 
ing  number  assigned  and  such  other  provisions  as  said  commis-  number  plates 
sioner  may  determine ;  provided  that  if  a  manufacturer  or  dealer  and  how  to  be 
has  an  established  place  of  business  or  agency  in  more  than  one  "^''''" 
city  or  town  such  manufacturer  or  dealer  shall  secure  a  separate 
certificate  of  registration  for  each  such  place  of  business  or  agency. 
All  motor  vehicles  owned  by  such  manufacturer  or   dealer  shall 
while  so  owned  be  regarded  as  registered  under  such  distinguish- 
ing number.     A  manufacturer  or  dealer  shall  not  loan  number 
plates  which  have  been  assigned  to  him  under  the  provisions  of  this 
act  to  a  subagent  or  to  any  other  person.     Said  commissioner  shall 
at  the  time  of  issuing  a  certificate  to  a  manufacturer  or  dealer  as 
provided  herein,  furnish  said  manufacturer  or  dealer  with  three 
sets  of  number  plates  and  such  further  number  of  sets  as  said  manu- 
facturer  or   dealer   may   require,   together   with   such   number   of 
temporary  number  plates  similar  in  general  design  to  said  manu- 
facturers' or  dealers'  number  plates  as  may  be  required  by  said 
manufacturer  or  dealer.    Such  temporary  number  plates  shall  be  of 
such  material  and  color  as  the  commissioner  may  determine.     A 
manufacturer  or  dealer  shall  upon  the  sale  or  exchange  of  a  motor 
vehicle  attach  to  such  motor  vehicle  a  set  of  temporary  number 
plates  and  the  purchaser  of  such  motor  vehicle  may  operate  the 
same  for  a  period  not  to  exceed  five  consecutive  days  thereafter 
without  payment  of  a  registration  fee.     A  manufacturer  or  dealer 
shall  upon  attaching  a  set  of  temporary  number  plates  to  a  motor 
vehicle  sold   or   exchanged   by   him   immediately   notify   the   com- 
missioner of  said  sale  or  exchange,  giving  the  name  and  address 
of  the  purchaser,  the  number  on  the  temporary  plate,  and  such 
further  information  as  the  commissioner  may  require. 

Sect.  11.     Strike  out  subdivisions  (d),   (e),  (f),  (g),  (h),  (i),p,,,  ^^^  regis- 
(1)  and  (n)  of  section  25  of  chapter  119,  Laws  of  1921.    Insert  in  ti^t'o"  of  ""otor 
place   of   subdivision    (c)    the    following:     (c)    For   the    registra- "'"'^''^' 
tion   of   each    motor   vehicle,    including   trailers   and   semi-trailers 
equipped   with    pneumatic   tires,    except   motor   cycles   and   motor 
cycle    sidecars,    the    following   rates    based    on    the    gross    weight 
of  the  vehicle  and  load :    All  vehicles  and  load  not  exceeding  four 


98  Chapter  75.  [1923 

thousand  (4,000)  pounds  forty-five  (45)  cent's  per  hundred  (100) 
pounds;  exceeding  four  thousand  (4,000)  pounds  and  not  exceed- 
ing six  thousand  (6,000)  pounds,  fifty-five  (55)  cents  per  hundred 
(100)  pounds;  exceeding  six  thousand  (6,000)  pounds  and  not  ex- 
ceeding eight  thousand  (8,000)  pounds,  sixty  (60)  cents  per  hun- 
dred (100)  pounds;  exceeding  eight  thovisand  (8,000)  pounds, 
seventy  (70)  cents  per  hundred  (100)  pounds.  For  all  vehicles 
equipped  with  hard  rubber  tires  the  sum  of  twenty  (20)  cents  per 
hundred  (100)  pounds  shall  be  added  to  the  above  rates.  For  all 
vehicles  equipped  with  iron,  steel  or  other  hard  tires  the  sum  of 
forty  (40)  cents  per  hundred  (100)  pounds  shall  be  added  to  the 
above  rates.  Provided  that  the  minimum  fee  as  provided  in  this 
section  shall  be  ten  dollars  ($10)  for  the  passenger  vehicles  and 
fifteen  dollars  ($15)  for  trucks.  Tractors  used  for  agricultural 
purposes  only  and  tractors  used  only  on  snow  shall  pay  one  tenth 
of  the  above  rates. 

Reletter  subdivisons  (j)  and  (k)  to  read  (d)  and  (e)  respec- 
tively. Keletter  subdivision  (1)  to  read  (f)  and  substitute  for 
such  subdivision  the  following:  (f)  For  the  registration  of  motor 
vehicles  owned  by  or  under  the  control  of  the  manufacturer  or 
dealer  in  motor  vehicles,  fifty  dollars  ($50). 

Reletter  subdivision  (m)  to  read  (g).  Reletter  subdivision  (n) 
to  read  (h)  and  substitute  for  such  subdivision  the  following:  (h) 
For  every  additional  number  plate  furnished  to  replace  such  as 
have  been  lost  or  mutilated  or  which  are  illegible,  one  dollar  ($1)  ; 
and  for  every  additional  pair  of  number  plates  furnished  to  a  manu- 
facturer or  dealer  in  motor  vehicles  other  than  motor  cycles  whose 
business  requires  more  than  three  pairs  of  such  plates,  eight  dollars 
($8).  For  each  set  of  temporary  number  plates  furnished  to  a 
manufacturer  or  dealer  in  motor  vehicles,  twenty  cents  (20c)  ;  and 
for  every  additional  pair  of  number  plates  furnished  to  a  manu- 
facturer of  or  dealer  in  motor  cycles  whose  business  requires  more 
than  three  pairs  of  such  plates,  two  dollars  ($2). 

Reletter  subdivisions  (o),  (p),  (q),  (r)  and  (s)  to  read  (i),  (j), 
(k),  (1)  and  (m)  respectively. 
Provisions  as  Sect.  12.     The  provisious  of  this  act  so  far  as  they  relate  to 

be  i'n^effec^t'juiy  the  payment  and  collection  of  a  road  toll  on  gasoline  shall  be  in 
other ^p^rUfsions  t'^f^^'t  July  1,  1923 ;  all  othcr  provisions  of  this  act  shall  take  effect 
i*''i924**''Air"'  January  1,  1924,  Should  the  provisions  of  this  act  relative  to  the 
nate  provision  collection  of  a  road  toll  be  declared  inoperative,  the  subdivisions  of 
section  25,  chapter  119,  Laws  of  1921,  rep(>aled  hereby,  shall  be 
deemed  to  be  in  full  force  and  effect. 

[Approved  May  4,  1923.] 


«s  to   road   tolls. 


1923] 


Chapter  76, 
CHAPTER  76. 


99 


AN   ACT  RELATING   TO   MOTOR  VEHICLES. 

Section  Skction 

1.      Motor  vehicles  of  nonresidents,  wlien  2.      Takes   efftK't  on   passage, 

may  be  operated  for  twenty  days 
without  registration.  Registration 
of    vehicles    of    nonresidents. 

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

Section  1.     Amend  section  3  of  chapter  119  of  the  Laws  of  1921  Motor  vehicles 
by  striking  out  subdivision  (a)  and  inserting  in  place  thereof  the  when"ma'y  ^"e ' 
following:    (a)   A  motor  vehicle  owned  by  a  nonresident  who  has  t^gnfy'^^dlyl 
complied  with  the  laws  of  his  state,  district  or  country,  relating  JY^tj^°^t  registra- 
to  registration  and  licensing  of  motor  vehicles,  may  be  operated  Registration  of 

"  „         .  p  .      -,  ,.*  ,  vehicles  ot   non- 

upon  the  ways  of  this  state  tor  a  period  not  exceeding  twenty  days  residents. 
in  any  one  calendar  year,  without  registration,  except  as  other- 
wise provided  in  section  8 ;  provided,  that  said  state,  district  or 
country  grants  like  privileges  to  residents  of  this  state.  The  com- 
missioner shall  determine  what  states,  districts  or  countries  grant 
like  privileges  and  his  determination  shall  be  final.  In  estimating 
the  number  of  days  of  use  by  a  nonresident  under  the  foregoing 
privilege,  any  fractional  part  of  a  day's  use  within  this  state  shall 
be  held  to  be  a  day.  The  commissioner  may  suspend  or  revoke  the 
right  of  any  nonresident  owner  or  operator  to  operate  or  have 
operated,  in  this  state,  any  motor  vehicle,  for  the  same  causes  and 
under  the  same  conditions  that  he  can  take  action  against  resi- 
dent owners  and  operators  in  this  state.  Every  such  vehicle  so 
operated  shall  have  displayed  upon  it  the  distinguishing  number 
or  mark  of  the  state,  district  or  country  in  which  the  owner  there- 
of resides,  and  none  other,  until  such  vehicle  is  registered  in 
accordance  with  the  provisions  of  this  act.  A  motor  vehicle  so 
owned  may  be  operated  also  in  this  state  during  the  months  of 
July,  August  and  September  in  any  year  if  application  for  the 
registration  thereof  is  made  in  accordance  with  the  provisions  of 
section  2  and  the  proper  fee  provided  for  in  section  25  is  paid 
and  the  said  vehicle  is  duly  registered  by  the  commissioner  or  his 
authorized  agent.  The  commissioner  shall  L'urnish  at  his  office, 
without  charge,  to  every  person  whose  motor  vehicle  is  regis- 
tered as  aforesaid,  two  number  plates  of  suitable  design  and  tri- 
angular in  shape,  each  number  plate  to  have  displayed  u[)on  it  the 
register  number  assigned  to  such  vehicle,  the  letters  N.  IT.,  and 
figures  showing  the  year  of  issue. 


Sect.  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  May  4,  1923. J 


Takes  effect  on 
passage. 


100 


Chapter  77. 
CHAPTER  77. 


[1923 


AN     ACT     RELATING     TO     PERSONS     CONVICTED     OP     OPERATING     MOTOR 
VEHICLES  WHILE  UNDER  THE  INFLUENCE  OP  INTOXICATING  LIQUOR. 


Section 

1.  Persons  operating  motor  vehicle 
while  intoxicated  how  punished; 
revocation  of  license ;  second 
offense. 


Section 

2.  Jurisdiction    of    municipal    court. 

3.  Repealing     clause;     takes     effect    on 

passage. 


Persons   operat- 
ing motor  vehicle 
while    intoxicated 
how  punished; 
revocation     of 
license;   second 
offense. 


Jurisdiction   of 
municipal    court. 


Repealing    clause 
takes  effect  on 
passage. 


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

Section  1.  Any  person  who  shall  be  convicted  of  operating 
a  motor  vt'hicle  upon  any  way  while  under  the  influence  of  intoxi- 
cating liquor  shall  be  punished  by  imprisonment  for  sixty  days 
and  shall  pay  costs  of  prosecution  and  his  license  shall  be  revoked 
for  a  period  of  one  year.  If  any  person  be  convicted  a  second 
time  of  operating  a  motor  vehicle  upon  any  way  while  under  the 
influence  of  intoxicating  liquor,  he  shall  be  punished  by  imprison- 
ment of  six  months  and  shall  pay  costs  of  prosecution  and  his 
license  shall  be  revoked  for  a  period  of  three  years.  And  in  case 
of  such  second  offense  no  court  before  whom  the  party  is  convicted 
shall  have  authority  to  suspend  the  sentence. 

Sect.  2.  In  case  there  is  no  municipal  court  in  the  town 
where  the  offense  occurs,  the  party  arrested  shall  be  taken  before 
the  nearest  municipal  court  in  the  county  for  trial. 

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  May  4,  1923.] 


1923] 


Chapters  78,  79. 
CHAPTER  78. 


101 


AN  ACT  RELATIVE  TO  THE  LAW  OF  THE  ROAD. 


Section 

1.  Law  of  road  at  intersection  of  high- 
way with  way.  Penalty  for  vio- 
latian.      Action    for    damages. 


Sectiox 

2.      Takes   effect   on   passage. 


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

Section  1.     Amend    section    19    of    chapter    76  of   the    Public  Law  of  road  at 
Statutes,  as  amended  by  chapter  113  of  the  Laws  of   1921,   by  hlghwlV^witii 
striking    out    said    section    and    inserting    in    place    thereof  two  ^;^f^ti^^^'''''|ytf°^ 
sections    to    be    numbered  sections  19  and  20,  to  read  as  follows :  for  damages. 
Sect.  19.     If  a  person  traveling  on  a  highway  with  a  vehicle  ap- 
proaches an  intersecting  way,  as  defined  in  the  motor  vehicle  law, 
he  shall  grant  the  right  of  way,  at  the  point  of  intersection,  to 
vehicles  approaching  from  his  right,  provided  that  such  vehicles 
are   arriving   at   the   point   of   intersection   at    approximately   the 
same  instant ;  except  that,  whenever  traffic  officers  are  standing 
at    such    intersection,    they    shall    have    the    right    to    regulate 
traffic  thereat.     Sect.  20.     If  any  person  shall  violate  any  of  the 
provisions  of  the  three  preceding  sections,  he  shall  be  fined  not 
exceeding   ten   dollars,    and    in   addition   thereto    shall   be   liable 
for  the  damages  occasioned  thereby ;  but  no  action  for  such  dam- 
ages shall  be  sustain(>d  unless  begun  within  one  year. 


Sect.  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  May  4,  1923.] 


Takes  effect  ou 
passage. 


CHAPTER    79. 


AN    ACT   REGULATING   THE   PRACTICE   OF    CHAINING    WHEELS   ON    HILLS. 


Section 

1.  Chaining  of  wheels  on  hilLs,  unless 
wooden  or  metal  shoe  used,  pro- 
hibited. S'tones,  boards,  etc.,  not 
to    be   left    in    highway. 


Section 

2.      Penalty  fur   violation   of  this   act. 
?>.      Repealinc:    clause;     tnkes    effect    on 
passage. 


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

Section  1.     The  practice  of  chaining  wheels  on  hills  is  hereby  chaining  of 

,.,.,,  ,  11-  T-ii  i'      wheels    on    hills, 

prohibited  unless  a  wooden  or  metal  shoe  is  used,  said  shoe  to  be  unless  wooden  or 
at   least   eighteen    (18)    inches   in   length   and   six    (6)  inches  in  jT/ohibUed':  "'''^' 


102 


Chapter  80. 


1923 


stones,    boards, 
etc.,  not  to  be 
left  in  highway. 


Penalty  for 
violation  of 
act. 


this 


Repealing  clause; 
takes  effect  on 
passage. 


width.  No  person  shall  leave,  suffer  or  allow  to  be  left,  on  any 
public  street,  highway,  or  in  any  gutter  or  drain  adjacent  to  same, 
any  stone,  board,  plank,  fence,  guard  rail,  stick  or  brush,  which 
has  been  used  in  aiding  to  repair  or  trig  an  automobile,  truck, 
motor  cycle  or  wagon. 

Sect.  2.  Any  person  found  guilty  of  violating  any  of  the  pro- 
visions of  this  act  shall  be  punisiied  by  a  fine  not  exceeding  twenty 
dollars,  or  by  imprisonment  not  exceeding  thirty  days,  or  both. 

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  May  4,  1923.; 


CHAPTER   80. 


\N  ACT  IN  REGAKD  TO  TILE  CONSTRUCTION  AND  MAINTENANCE  OF  STATU, 
AID,   TRUNK   LINE,    CROSS   STATE,    AND   STATE   ROADS. 


Skction 

1.  Highways  or  bridges  improved  with 
state  funds  shall  be  maintained 
by  nninicipality  at  its  own  ex- 
pense to  satisfaction  of  governor, 
etc.  Otherwise  to  be  repaired  at 
expense  of  state  and  cost  added 
to  state  tax  for  such  munici- 
pality;   exceptions. 


Skction 

2.     Repealing    clause;     lakes    effect    ou 
passage. 


Be  it   enacted   bij   the   Senate   ami  House   of  Representatives   in 
General  Court  convened: 


Highways  or 
bridges  imi)roved 
with  state  funds 
shall   be   main- 
tained by 
municipality    at 
its    own    expense 
to    satisfaction 
of  governor, 
etc.      otherwise 
to  be  .repaired  at 
expense  of  state 
and   cost    added 
to    state    tax 
for  such  munici- 
pality ;  excep- 
tions. 


Section  1.  All  highways  or  bridges  within  any  city,  town  or 
place,  improved  in  whole  or  in  part  with  state  funds  as  per  chapter 
35,  Laws  of  1905,  chapter  155,  Laws  of  1909,  chapter  55,  Laws  of 
1911,  chapters  158,  162,  168,  Laws  of  1913,  chapters  50,  51,  93, 
Laws  of  1915,  chapter  224,  Laws  of  1917,  chapter  118,  Laws  of 
1919,  chapter  155,  Laws  of  1921  (meaning  hereby  to  include  all 
highways  heretofore  designated  and  to  be  hereafter  designated) 
shall  be  maintained  by  the  city,  town  or  place  within  which  they 
are  located  at  the  expense  of  such  city,  town  or  place,  and  to  the 
satisfaction  of  the  governor  and  council ;  and  in  case  any  city, 
town  or  place,  shall  neglect  to  make  repairs  ordered  by  the  gov- 
ernor and  council,  such  repairs  shall  be  made  under  the  direction 
of  the  governor  and  council,  at  the  expense  of  the  state  and  the 
cost  thereof  shall  be  added  to  the  state  tax  for  such  city,  town 
or  place,  for  the  next  year ;  except  that  assistance  shall  be  ren- 


]923]  Chapter  81.  103 

dcred  by  the  governor  and  eoimcil  to  sueh  eities,  towns  and  ]daees 
by  the  application  therefor  of  the  net  revenue  from  automobile  fees 
and  fines  and  the  revenue  received  from  the  toll  levied  on  motor 
fuel  used  on  the  highways  with  the  following  exceptions : 

1.  With  the  approval  of  the  governor  and  council  $125,000  per 
year  and  such  further  sums  as  they  shall  designate  may  be  usetl  for 
the  construction  of  the  trunk  line,  state  aid,  state  and  cross  state 
roads, 

2.  Such  sums  as  may  be  necessary  for  the  maintenance  of  the 
roads  mentioned  in  subdivision  1. 

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  May  4,  1923.] 


CHAPTER   81, 


AN  ACT  IN  AMENDMENT  OF  SECTION  4,  CHAPTER  168,  LAVSrS  OF  1913, 
RELATING  TO  THE  STATE  HIGHWAY  PROM  MERRIMACK  VALLEY  ROAD 
TO  EAST  HIDE  ROUTE. 

Section  I  Section 

1.      Towns    0)1    state    liighvvay    to    receive  2.      Takes   effect   on   passage, 

half    the    cost    of    improvements.       ' 

Be  it  enacted  bi/  the  Senate  and  House  of  Representatives  in 
General  Court  conveyied: 

Section  1.     Strike  out  the  whole  of  section  4  of  chapter  168  of  Towns  on  state 
the  Laws  of  1913,  as  amended  b^  section  1,  chapter  66,  Laws  of  ceive  half  the 
1915,  and  insert  in  place  thereof  the  following:  Sect.  4.    Towns  ^"ents^ '°'^"'"' 
through    which    such    highways    shall    pass    shall    receive   from 
funds  herein  provided  one  half  the  cost  of  such  improvements 
within  their  limits. 

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

passage. 

[Ai)proved  May  4,  1923,] 


104 


Chapters  82,  83. 


1923 


CHAPTER   82. 

AN  ACT  IN  AMENDMENT  OF  SECTION  16  OF  CHAPTER  155,  LAWS  OP  1921, 
RELATING  TO  THE  PERMANENT  CONSTRUCTION  OF  HIGHWAY 
BRIDGES    THROUGHOUT    THE    STATE. 

Section    1.      Unexpended  balance  of  bridge  construction  fund  to  be  available  for  follow- 
ing year. 

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


Unexpended    bal- 
ance   of   bridge 
construction 
fund  to  be 
available    for 
following  year. 


Section  1.  Amend  section  16,  chapter  155,  Laws  of  1921,  by 
adding  thereto  the  following:  Any  balance  which  may  be  unex- 
pended in  the  fiscal  year,  shall  be  available  for  use  the  following 
year,  so  that  section  16,  shall  read :  Sect.  16.  To  meet  the  finan- 
cial obligations  of  the  state  to  be  incurred  under  the  provisions  of 
this  act  there  shall  be  appropriated  annually  to  meet  expenses  of 
new  construction  the  sum  of  thirty  thousand  dollars.  Any  balance 
which  may  be  unexpended  in  the  fiscal  year,  shall  be  available  for 
use  the  following  year. 


[Approved  May  4,  1923. 


CHAPTER  83. 

AN  ACT  IN  AMENDMENT  OF  SECTION    6,    CHAPTER   103,   LAWS  OF   1915, 
relating   to   the   REPORT   OF   THE   HIGHWAY    COMMISSIONER. 


Section 

1.  Highway  commissioner  to  make 
biennial  report  covering  fiscal 
relations  with  other  departments, 
also  annual  report  of  work  done 
in,  and  expenditures  for  year 
ending  Jan.  31   in  each  year. 


Section 

2.      Repealing     clause;     takes     effect     on 
passage. 


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


Highway  com-  SECTION  1.     Section  6,  chaptcr  103,  Laws  of  1915,  is  hereby 

mLkTwennfai  amended  by  striking  out  all  of  said  section,  and  inserting  in  place 
fllcaf  re°Itionf  thcrcof  the  followiug :  Sect.  6.  Said  highway  commissioner  shall 
with  other  depart- niake  a  biennial  report  to  the  governor  and  council  covering  all 

ments,  also  annual  j^         ,  .  . 

report  of  work  fiscal  relations  With  other  state  departments  in  accordance  with  the 
penditures  for  provisious  of  chapter  106,  Laws  of  1921 ;  and  in  addition  thereto 
srL'^each^ar?' an  annual  report  of  the  work  done  and  expenditures  incurred  by 


1923] 


Chapter  84, 


105 


this  department  for  the  year  ending  January  31  in  each  year,  the 
first  report  covering  such  work  and  expenditures  for  the  year  end- 
ing January  31,  1924. 

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


tal<es  effect   on 
passage. 


[Approved  May  4,  1923. 


CHAPTER   84. 


AN    ACT    RELATING    TO    PISH    AND    GAME. 


Section 

1.  No   open   season    for   European   par- 

tridge, plover,  quail  and  wood 
duck. 

2.  Season's   kill   of   ruffed   grouse    and 

woodcock  limited  to  twenty-five. 
Male  pheasants,  open  season  for 
and   number  to  be  taken  limited. 


Section 

3.      Repealing    clause;     takes    effect    on 
passage. 


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


Section  1.     Amend  section  23,  chapter  133,  Laws  of  1915,  as  N"  "pen  season 

'  '^  .     .  '  for    European 

amended  by  section  5,  chapter  140,  Laws  of  1921,  by  striking  out  partridge,  plover, 
of  said  section  the  word   "pheasant, "  so  that  said   section   23   as  duck. 
amended  shall  read  as  follows:   Sect.  23.     There  shall  be  no  open 
season  for  European  partridge,  upland  plover,   quail   and  wood 
duck. 

Sect.  2.     Amend   section   20,    chapter   133,    Laws   of   1915,    as  season's  kui  of 
amended  by  section  31,  chapter  184,  Laws  of  1917,  and  section  13,  woodcoek^Hmited 
chapter  152,  Laws  of  1919,  by  striking  out  in  subdivision  (c)  the  Ma/e^piiTasIn'ts, 
word  "fifty"  wherever  it  occurs  and  substituting  in  place  thereof  """^'^  season  for 

■^  .  .  ''"'1    number    to 

the  word  twenty-five.  Further  amend  said  section  20,  chapter  '>e  taken  limited. 
133,  Laws  of  1915,  as  amended,  by  adding  to  said  section  a  sub- 
division (d)  to  read  as  follows:  (d)  Male  pheasants  may  be 
taken  and  possessed  from  November  first  to  November  sixth  inclu- 
sive, in  Hillsborough,  Rockingham  and  Strafford  counties  only.  A 
person  may  take  a  total  of  not  more  than  two  male  pheasants  in 
any  one  day  and  a  total  of  not  more  than  five  male  pheasants  in  any 
one  open  season,  so  that  section  20  as  amended  shall  read  as  fol- 
lows: Sect.  20.  (a)  Ruff'ed  grouse,  commonly  called  partridge, 
may  be  taken  and  possessed  from  October  first  to  December  first, 
(b)  Woodcock  may  be  taken  and  possessed  from  October  first 
to  December  first. 


106  Chapter  85.  [1923 

(c)  A  person  may  take  a  total  of  not  more  than  five  ruffed 
grouse  and  six  woodcock  in  one  day,  and  a  total  of  not  more  than 
twenty-five  ruffed  grouse  and  twenty-five  woodcock  in  an  open 
season. 

(d)  Male  pheasants  may  be  taken  and  possessed  from  Novem- 
ber first  to  November  sixth  inclusive,  in  liillsborough,  Rockingham 
and  Strafford  counties  only.  A  person  may  take  a  total  of  not 
more  than  two  male  pheasants  in  any  one  day  and  a  total  of  not 
more  than  five  male  pheasants  in  any  one  open  season. 

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

(Approved  May  4,  1923.] 


CHAPTER   85. 

AN   ACT   IN   AMENDMENT   OF   THE  PISH    AND   GAME   LAWS    llELATING   TO 
THE  TAKING   AND  POSSESSION   OF  PICKEREL. 


Section 

1.  Pickerel  may  bo  taken  in.  various 
ponds  including  Ogoutz  Lake  in 
Lyman. 


Skction 

2.      Repealing     clause:     lakes     effect     ou 
passage. 


Lyman. 


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

Pickerel  may  be         SECTION  1.     Aiucnd    subscctiou    (b),    scctiou    32,    chapter    133, 
taken  in  various   ^  ^^  ^f  ]9;ir   .jj^  amended  by  section  15,  chapter  184,  Laws  of  1917, 

ponds  including       -"""►^  v/j-  j         -  ,  i.     i.  ,,  ,  i  ■,  ^  i 

ogontz  Lake  in  aiid  amended  by  section  1  of  chapter  48,  Laws  of  1921,  by  inserting 
after  the  words  "Pearl  Lake  in  Lisbon"  the  following:  Ogontz 
Lake  in  Lyman,  so  that  said  subsection  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,  Ogontz  Lake  in  Ly- 
man, Merrymeeting  Pond  in  New  Durham,  Ella  River  and  all  of 
its  tributaries  in  Farmington,  all  tributaries  of  the  Cocheco  river 
that  enter  said  river  in  the  town  of  Farmington,  Big  Dan  Hole 
Pond  in  Ossipee  and  Tuftonboro,  and  from  the  waters  in  Coos 
county  at  any  time.  Pickerel  not  less  than  twelve  inches  in  length 
may  be  taken  from  Lakes  Winnipesaukee,  Massabesic,  Winnisquam, 


1923] 


Chapter  86. 


107 


As(|iiaiii,    Wentworth,    Spoft'ord    and    the    Connecticut    river    in 
Cheshire  county,  from  June  first  to  April  first 

Sect.  2 
and  parts  of  acts  inconsistent  herewith,  are  hereby  repealed 


This  act  shall  take  effect  upon  its  passage  and  all  acts  Repealing  clause; 

takes    effect   on 


passage. 


Approved  May  4,  1*J23.J 


CHAPTER    86. 

AN   ACT  TO   AiMENl)  SECTION    8  OE  CllAf'TEK   VS'-l  OE  THE   LAWS  OF  1915, 
RELATING  TO  DAMACES  BY  GAME  BUtDS  AND  (iUADKUPEDS. 


Section 

1.  DaniHgfs  to  (tdiis  or  fruit  trees  by 
birfls  or  frame  protected  by  law 
to  be  appraised  by  fish  and  game 
commissioner ;  payment  therefor 
by  governor ;  appeal  from  com- 
missioner. 


yEcrroN 

2.      Takes   effect    on    passage. 


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


Section  1.     Amend  section  8  of  chapter  133  of  the  Laws  of  1915,  Damages  to 
as  amended  by  section  28  of  chapter  184  of  the  Laws  of  1917,  by  tree's^  b"y  birds 
striking  out  the  whole  thereof,  and  substituting  in  place  thereof  ^'  ^^^^  tJ'^h^^^^ 
the  following :    Sect.  8.     A  person  who  suffers  loss  or  damage  to  appraised  i)y  fish 

,  °  and  game   com- 

annual  crops  or  fruit  trees  by  game  birds  and  game  quadrupeds  missioner ;  pay 
protected  by  law  may,  on  or  before  April  15  of  any  year,  and  by  governor; 
later  within  the  discretion  of  the  fish  and  game  commissioner,  commissioner. 
notify  in  writing  the  said  commissioner  of  any  loss  or  damage  so 
suffered  during  the  twelve  months  preceding,  and  said  commis- 
sioner shall  investigate  each  case  within  thirty  days  from  the 
receipt  by  him  of  notice  of  such  damage,  and  determine  whether 
such  loss  or  damage  was  caused  by  such  birds  or  quadrupeds,  and 
appraise  the  amount  of  the  damage  to  be  paid,  to  the  end  that 
parties  so  damaged  shall  receive  full  and  complete  compensation 
therefor,  and  all  appraisals  provided  for  herein  of  damage  done 
by  said  game  birds  and  game  quadrupeds  shall  be  made  by  October 
first  of  each  year;  and  said  commissioner  shall  present  his  certifi- 
cate of  the  amount  of  such  loss  or  damage  to  the  governor,  who 
is  hereby  authorized  to  draw  his  warrant  upon  the  fish  and  game 
fund  in  payment  therefor.  Provided,  however,  that  if  the  party 
sustaining  the  damage  is  dissatisfied  with  the  finding  of  the  commis- 
sioner, either  as  to  the  cause  of  the  damage  or  the  amount  thereof, 
he  may  appeal  therefrom   within  thirty  days   of   notice   thereof 


108 


Chapter  87. 


1923 


Takes   effect   on 
passage. 


by  filing  a  statement  to  this  effect  with  said  commissioner,  and 
his  damages  shall  thereupon  be  fixed  and  appraised  by  a  board 
of  three,  which  shall  consist  of  the  fish  and  game  commissioner  or 
somebody  designated  by  him,  the  commissioner  of  agriculture  or 
somebody  designated  by  him,  and  the  governor  or  somebody  des- 
ignated liy  him ;  and  in  the  event  that  the  commissioner  fails  to 
make  the  investigation  within  the  period  herein  provided,  or 
fails  to  make  the  appraisal  of  damages  within  the  period  herein 
provided,  an  appeal  in  like  manner  shall  lie  to  said  board  of  three 
persons.  The  decision  of  this  board  shall  be  final. 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

[Approved  May  4,  1923.] 


CHAPTER    87. 


AN   ACT   AUTHORIZING   PERMITS  TO   KILIj  INJURIOUS   ANIMALS. 


Section 

1.  Permits  may  be  issued  authorizing 
landowners  to  kill  protected 
game  causing  damage  to  prop- 
erty. 


Section 

2.      Constitutional    right    of    persons    not 

holding    permits    is    not    intended 

to    be    impaired. 
.3.      Repealing     clause;     takes     effect     on 

passage. 


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


Permits  may  be 
issued  authoriz- 
ing landowners 
to  kill  protected 
game  causing 
damage  to 
property. 


Section  1.  The  fish  and  game  commissioner  is  hereby  author- 
ized and  empowered  upon  application  of  any  owner  of  land  within 
this  state,  setting  forth  in  substance  that  any  kind  of  animal 
protected  by  the  laws  of  this  state  is  causing  damage  to  the  prop- 
erty of  such  owners  or  of  others,  to  issue  to  such  land  owner  or 
to  other  residents  of  this  state  named  by  him  a  special  permit  to 
be  exercised  only  during  the  period  of  time  designated  therein 
which  shall  not  extend  beyond  the  calendar  year  in  which  issued, 
authorizing  the  holder  thereof  to  kill  such  animals  upon  the  land 
of  such  owner  to  be  described  or  designated  in  such  permit ;  and 
it  shall  be  lawful  for  the  holder  of  such  permit  to  proceed  in 
accordance  Avith  the  terms  thereof,  and  such  holder  shall  dispose  of 
any  animals  killed  by  him  under  the  terms  of  the  permit,  as  may 
be  directed  by  said  commissioner.  No  such  permit  shall  be  issued 
unless  the  commissioner  shall  be  satisfied  that  the  same  is  reason- 
ably required  in  order  to  prevent  the  damage  set  forth  in  such  appli- 
cation; and  any  such  permit  may  be  revoked  by  said  commissioner 


1923] 


Chapter  88. 


109 


upon  notice  to  the  holder  thereof.  Holders  of  permits  issued 
under  the  provisions  of  this  section  shall  on  or  before  the  thirty- 
first  day  of  January  in  each  year  or  as  required  by  said  commis- 
sioner report  in  writing  the  number  of  animals  killed  by  him 
under  such  permit.  Any  holder  of  such  permit  who  shall  fail  to 
comply  with  the  provisions  of  this  act  shall  on  conviction  thereof 
be  fined  not  exceeding  one  hundred  dollars. 

Sect.  2.     The  provisions  of  this  act  shall  not  be  construed  to  Constitutional 
impair  the  constitutional  rights   of  persons  not  holding  permits  not^  hoMing^'iJ^r- 
herein   provided   for   to   protect   their   property   from   injury   or  ™J|'^gj® ^ "°*g '"' 
destruction  by  animals  protected  by  the  laws  of  this  state.  impaired. 

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

passage. 

[Approved  May  4,  1923.] 


CHAPTER    88. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  125,  LAWS  OF  1931,  PROVIDING 
FOR  A  REDUCTION  IN  THE  ALLOTMENTS  OF  STATE  AID  FOR  SCHOOLS 
WHEN  THE  APPROPRIATION  IS  INSUFFICIENT  TO  MEET  THE  APPROVED 
CLAIMS  OF  THE  SCHOOL  DISTRICTS. 


Section 

1.  Where  approved  claims  of  districts 
entitled  to  state  aid  are  in  ex- 
cess of  appropriation,  reduction 
in  allotments  to  be  made  to  bring 
total  grants  within  limit  of  ap- 
propriation. 


Section 

2.      Repealing    clause:    takes    etfect    July 
1,    1923. 


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


Section  1.     Amend  section  22,  chapter  106,  Laws  of  1919,  as  where  approved 
amended  by  section  7,  chapter  125,  Laws  of  1921,  by  striking  out  ^Hets^entitied 
the  clause  "and  provided,  furthermore,  that  if  in  any  year  the  ap- ?«  ^^^^e  aid  are 

'^  ■'       _         _  _  •    /  .      'n    excess    of 

proved  claims  of  the  several  districts  entitled  to  state  aid  shall  be  in  appropriation, 
excess  of  the  appropriation  a  sufficient  number  of  districts  shall  be  allotments   to 
omitted  from  the  distribution  to  l>ring  the  total  amount  of  the  grants  totaT'^grants^""^ 
within  the  limits  of  the  appropriation.  The  eliminated  districts  shall  approprla Hon °* 
be  those   in  which   payments   for   current   local   expenditures   for 
public  education,  as  measured  in  dollars  and  cents  per  one  thousand 
dollars  of  equalized  valuation,  were,  during  the  previous  year,  the 
lowest"  and  substituting  therefor  the  following:   and  provided, 


110  Chapter  88.  [1923 

furthermore,  that  if  in  any  year  the  approved  claims  of  the  several 
districts  entitled  to  state  aid  shall  be  in  excess  of  the  appropriation 
that  a  sufficient  reduction  in  the  amount  of  the  allotments  shall  be 
made  to  bring  the  total  amount  of  the  grants  within  the  limit  of 
the  appropriation.  The  reduction  in  the  allotment  of  each  district 
shall  bear  the  same  ratio  to  the  total  reduction  necessary  as  the 
district's  equalized  valuation  bears  to  the  total  of  the  equalized 
valuations  of  all  the  districts  entitled  to  state  aid  in  that  year, 
so  that  section  5,  as  amended,  shall  read  as  follows:  Sect.  5. 
In  any  district  in  which  a  sum  equal  to  one  half  of  one  per 
cent,  of  the  equalized  valuation  of  the  district,  that  is,  the 
valuation  'on  which  the  state  tax  is  apportioned,  is  insufficient 
to  maintain  the  required  elementary  and  special  schools  and 
to  purchase  the  required  textbooks,  scholars'  supplies,  flags 
and  appurtenances,  the  state  board  shall  provide  the  bal- 
ance of  the  money  necessary  from  the  money  appropriated  to 
carry  out  the  provisions  of  this  act ;  provided,  however,  that  in 
towns  or  cities  comprising  more  than  one  school  district  no  special 
or  town  district  shall  be  entitled  to  the  benefits  of  the  provisions  of 
this  section  unless  the  town  or  city  in  which  it  is  situated  would 
be  entitled  on  the  basis  of  the  expenditures  of  the  previous  year, 
to  the  benefits  thereof  if  it  constituted  a  single  district;  and  pro- 
vided, j'lirihennorc,  that  if  in  any  year  the  approved  claims  of  the 
several  districts  entitled  to  state  aid  shall  be  in  excess  of  the 
api)roi)riation  that  a  sufficient  reduction  in  the  amount  of  the 
allotments  shall  be  made  to  bring  the  total  amount  of  the  grants 
within  the  limit  of  the  appropriation.  Tlie  reduction  in  the  allot- 
ment of  each  district  shall  bear  the  same  ratio  to  the  total 
redu('ti(m  necessary  as  the  district's  equalized  valuation  bears  to 
the  total  of  the  equalized  valuations  of  all  the  districts  entitled 
to  state  aid  in  that  year;  except  that  the  state  board  shall  have 
authority  in  its  discretion  to  withhold  from  such  general  distri- 
bution an  amount  not  exceeding  five  per  cent,  of  the  appropriation 
for  state  aid  which  it  may  use  to  furnish  additional  aid  to  districts 
where  special  need  exists.  As  the  term  is  used  in  this  act,  the 
equalized  valuation  of  a  school  district  is  the  equalized  valuation 
of  the  city  or  town  of  which  it  is  composed ;  and  in  a  city  or  town 
comprising  more  than  one  school  district,  the  equalized  valuation 
of  any  district  shall  be  such  a  fraction  of  the  equalized  valuation 
of  the  whole  city  or  town  as  the  assessed  valuation  of  the  district 
is  of  the  assessed  valuation  of  the  whole  city  or  town.  The  sum 
total  of  aid  granted  in  any  year  to  any  district,  or  to  all  the 
districts  of  any  one  town,  shall  not  exceed  $G,000. 
Repealing  clause;  Sect.  2.  All  acts  and  parts  of  acts  inconsistent  with  this  act 
July'  i''^T923.       are  hereby  repealed  and  this  act  shall  take  effect  July  I,  1923. 

[Approved  May  4,  1923.] 


1923] 


Chapter  89. 


Ill 


CHAPTER  89. 

AN  ACT  IN  AMENDMENT  OF  SECTION  1  OP  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  1908  AS 
AMENDED  BY  CHAPTER   1(),  LAWS  OF  1917. 


Section 

1.  District  not  maintaining  liigli  school 
shall  pay  for  tuition  of  resident 
child  who  attends  high  school, 
etc.,    in    another    district. 


Section 

2.      Takes    effect    on     passage. 


Be  it   enacted   by   the   Senate   and   TIousc   of   Bepresentatives   in 
General  Court  convened: 


Section  1.     Amend  section  24,  part  IV,  chapter  85,  Laws  of  District  not  main- 
1921,  by  striking  out  the  whole  thereof  and  substituting  in  place  school  shau  pay 
thereof  the  following :    Sect.  24.  Any  district  n.ot  maintaining  a  resident  child  who 
high  school  or  school  of  corresponding  grade  shall  pay  for  the  schcTof,^  eti.!'  in 
tuition  of  any  child  who  with  parents  or  guardian  resides  in  said  '*""*'i<'i"   district, 
district  and  who  attends  a  high  school  or  academy  in  another 
district  in  this  state,  and  the  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,  iwwever,  that  no  district  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  district  be.  liable  for 
tuition  for  any  child  in  excess  of  seventy  dollars  ($70)  per  year 
and  in  senior  high  school  work  only. 

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


Takes  effect  on 
passage. 


[Approved  May  4,  1928. 


112 


Chapter  90. 
CHAPTER  90. 


[1923 


AN    ACT    TO   PROVIDE    SAFETY    EXIT  (FACILITIES   OF    SCHOOLHOUSES. 


Section 

1.  One  exit  from  school  buildings  to 
be  equipped  with  release  bar  or 
other  device  for  opening  from 
exit. 

'2.  Main  exits  and  all  doors  leading  to 
fire  escapes  to  be  equipped  with 
safety  devices  where  more  than 
two  hundred  children  are  in  at- 
tendance. 


Section 
3.      How 


safety     device     shall 


lock 
operate. 

School  buildings  to  be  equipped  with 
safety  devices  before  Sept.  1, 
1924. 

Buildings  not  equipped  as  pre- 
scribed   may   be    condemned. 

Takes  effect  on  passage. 


One    exit    from 
school   buildings 
to    be    equipped 
with    release    bar 
or  otJier  device 
for   opening   from 
exit. 


Main  exits  and  all 
doors    leading    to 
fire  escapes  to  be 
equipped    with 
safety    devices 
where  more  than 
two    hundred 
children  are  in 
attendance. 


How   lock   or 
isafety  device  shall 
operate. 


School  buildings 
to  be  equipped 
with    safety    de- 
vices    before 
Sept.    1,    1924. 

Buildings    not 
equipped   as   pre- 
scribed   may    be 
condemned. 

Takes  effect  on 
passage. 


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

Section  1.  Authorities  in  charge  of  all  buildings  used  for 
school  purposes  of  two  or  more  rooms  or  where  fifty  or  more  pupils 
may  be  in  attendance,  shall,  upon  the  passage  of  this  act,  equip, 
or  cause  to  be  equipped,  at  least  one  outside  door  regularly  used 
as  an  exit,  with  key  locks  that  can  be  locked  on  the  outside  only, 
but  that  can  always  Ire  easily  opened  on  the  inside  by  simply  turn- 
ing the  knob  or  pressing  the  release  bar.  The  use  of  bolts,  ex- 
cept to  hold  one  half  of  a  double  door,  hooks,  thumb  knobs,  or 
other  locking  devices  upon  such  outside  doors  shall  be  prohibited. 

Sect.  2.  Any  school  building  in  which  two  hundred  or  more 
children  may  be  in  attendance  shall  have  its  main  exit  doors,  and 
all  doors  leading  to  fire  escapes,  equipped  as  specified  in  section 
1  of  this  act,  and  all  main  exits  in  such  buildings  shall  be  equipped 
with  some  safety  device  whereby  the  door  may  always  be  opened 
easily  toward  the  outside  by  pressure  against  the  same  from  the 
inside. 

Sect.  3.  It  shall  not  be  possible  to  lock  any  door  equipped  as 
specified  in  sections  1  and  2  of  this  act  so  that  the  lock  or  safety 
opening  device  will  .not  be  easily  operated  by  pressure  being 
brought  to  bear  against  the  same. 

Sect.  4.  All  school  buildings  coming  within  the  provisions  of 
this  act  must  be  equipped  with  such  devices  as  are  herein  specified 
before  September  1,  1924. 

Sect.  5.  School  buildings  failing  to  meet  the  requirements 
of  this  act  may  be  condemned  as  unfit  for  school  purposes  and  their 
use  forbidden. 

Sect.  6.     This  act  shall  take  effect  upon  its  passage. 

[Approved  May  4,  1923.1 


\ 


1923] 


Chapter  91. 


113 


CHAPTER  91. 

AN  ACT  IN  AMENDMENT  OP  CHAPTER  163  OF  TH-E  LAWS  OP  1911,  EN- 
TITLED ''an  act  in  RELATION  TO  EMPLOYERS'  LIABILITY  AND  WORK- 
MEN'S COMPENSATION." 


Section 

1.  An  employer  who  has  accepted  em- 
ployers' liability  act,  required  to 
furnish  free  medical  and  hospital 
service  for  first  fourteen  days 
after  injury;  such  rendering  of 
service  not  to  be  evidence  of 
liability.  Notice  of  accident  and 
claim  for  compensation  when  to 
be  made;  notice  what  to  contain 
and  how  to  be  served. 


Section 

2.  Amount    of    compensation    how    de- 

termined. 

3.  Takes  effect  on  passage,   but  not  to 

impair  rights  previously  existing. 


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


Section  1.     Strike  out  all  of  section  5  of  chapter  163  of  the  An  employer  who 
Laws  of  1911,  and  insert  the  following  section  m  place  thereoi,  employers'  iiabiii- 
so  that  when  amended  said  section  will  read  as  follows :    Sect.  5.  to  furniXfrel 
During  the  first  fourteen  days  after  an  injury  to  an  employee,  ZSi  ^service 
an  employer  who  has   accepted  the   compensation   provisions   of  Jjygfi^^fJj.°^^J^«j.^. 
this  act  as  provided  in  section  3,  shall  furnish  or  cause  to  be  such  rendering  of 

■■^  '  1  J  •       T  J  service    not 

furnished  free  of  charge  to  the  employee,  reasonable  medical  and  to  be  evidence  of 
hospital  services  or  other  remedial  care  when  needed,  unless  the  oT  accfdent  and 
injured  employee  shall  decline  or  refuse  to  allow  them  to  be  fur-  pen^ation  wiTen 
nished,  provided  that  if  the  injured  employee  or  his  guardian  or  ^^^J'^Sg  whtt'to 
administrator  shall  elect  to  proceed  under  the  common   law  or  contain  and  how 

■^  to    be    served. 

statutes  in  force  January  1,  1911,  as  provided  by  section  4  of 
this  chapter,  then  the  furnishing  of  medical  or  hospital  services  or 
other  remedial  care  shall  not  be  evidence  of  liability  in  such  action. 
No  proceedings  for  compensation  other  than  medical  or  hospital 
services  or  other  remedial  care  as  aforesaid,  under  this  act  shall 
be  maintained  unless  notice  of  the  accident  as  hereinafter  provided 
has  been  given  to  the  employer  as  soon  as  practicable  after  the  hap- 
pening thereof  and  before  the  workman  has  voluntarily  left  the  em- 
ployment in  which  he  was  injured  and  during  such  disability,  and  - 
unless  claim  for  compensation  has  been  made  within  six  months 
from  the  occurrence  of  the  accident,  or  in  case  of  the  death  of  the 
workman,  or  in  the  event  of  his  physical  or  mental  incapacity,  within 
six  months  after  such  death  or  the  removal  of  such  physical  or 
mental  incapacity,  or  in  the  event  that  weekly  payments  have  been 
made  under  this  article,  within  six  months  after  such  payments  have 
ceased,  but  no  want  or  defect  or  inaccuracy  of  a  notice  shall  be  a 
bar  to  the  maintenance  of  proceedings  unless  the  employer  proves 
that  he  is  prejudiced  by  such  want,  defect  or  inaccuracy.     Notice 


114  Chapter  91.  [1923 

of  the  accident  shall  apprise  the  employer  of  the  claim  for  com- 
pensation under  this  article,  and  shall  state  the  name  and  address 
of  the  workman  injured,  and  the  date  and  place  of  the  accident. 
The  notice  may  be  served  personally  or  by  sending  it  by  mail  in 
a  registered  letter  addressed  to  the  employer  at  his  last  known 
residence  or  place  of  business. 
Amount  of  com-  Sect.  2.  Amend  section  6,  division  (1),  subdivision  (a),  by  strik- 
de^e'^hfed^""^  ing  out  the  words  "resident  of  this  state,"  and  amend  division  (2) 
of  said  section  by  inserting  in  the  first  sentence  after  the  words 
"gainful  employment"  the  words  for  not  less  than  one  week,  and 
by  striking  out  in  said  sentence  the  words  "at  the  end  of  the  sec- 
ond week  after"  and  by  inserting  in  place  thereof  the  words 
from  the  time  of,  and  further  amend  said  division  (2)  by  striking 
out  the  words  "ten  dollars"  as  the  same  appear  therein  and  by 
substituting  therefor  the  words  fifteen  dollars,  so  that  as  amended, 
said  section  shall  read:  Sect.  6.  (1)  The  amount  of  compensation 
shall  be,  in  case  death  results  from  injury:  (a)  If  the  workman 
leaves  any  widow,  children  or  parents,  at  the  time  of  his  death, 
then  wholly  dependent  on  his  earnings,  a  sum  to  compensate  them 
for  loss,  equal  to  one  hundred  and  fifty  times  the  average  weekly 
earnings  of  such  workman  when  at  work  on  full  time  during  the 
preceding  year  during  which  he  shall  have  been  in  the  employ  of 
the  same  employer,  or  if  he  shall  have  been  in  the  employment  of 
the  same  employer  for  less  than  a  year  then  one  hundred  and 
fifty  times  his  average  weekly  earnings  on  full  time  for  such  less 
period,  but  in  no  event  shall  such  sum  exceed  three  thousand 
dollars.  Any  weekly  payments  made  under  this  act  shall  be  de- 
ducted from  the  sum  so  fixed,  (b)  If  such  widow,  children  or 
parents  at  the  time  of  his  death  are  in  part  only  dependent  upon 
his  earnings,  such  proportion  of  the  benefits  provided  for  those 
wholly  dependent  as  the  amount  of  the  wage  contributed  by  the 
deceased  to  such  partial  dependents  at  the  time  of  injury  bore  to 
the  total  wage  of  the  deceased,  (c)  If  he  leaves  no  such  dependents, 
the  reasonable  expenses  of  his  medical  attendance  and  burial,  not 
exceeding  one  hundred  dollars.  "Whatever  sum  may  be  deter- 
mined to  be  payable  under  this  act  in  case  of  death  of  the  injured 
workman  shall  be  paid  to  his  legal  representative  for  the  benefit 
of  such  dependents,  or  if  he  leaves  no  such  dependents,  for  the 
benefit  of  the  persons  to  whom  the  expenses  of  medical  attendance 
and  burial  are  due. 

(2)  Where  total  or  partial  incapacity  for  work  at  any  gainful 
employment  for  not  less  than  one  week  results  to  the  workman 
from  the  injury,  a  weekly  payment  commencing  from  the  time  of 
the  injury  and  continuing  during  such  incapacity,  subject  as  herein 
provided,  not  exceeding  fifty  per  centum  of  his  average  weekly 
earnings  when  at  work  on  full  time  during  the  preceding  year 
during  which  he  shall  have  been  in  the  employment  of  the  same 


1923]  Chapter  91.  115 

employer,  or  if  he  shall  have  been  in  the  employment  of  the  same 
employer  for  less  than  a  year,  then  a  weekly  payment  of  not 
exceeding  one  half  the  average  weekly  earnings  on  full  time  for 
such  less  period.  In  fixing  the  amount  of  the  weekly  payment,  re- 
gard shall  be  had  to  the  difference  between  the  amount  of  the  aver- 
age earnings  of  the  workman  before  the  accident  and  the  average 
amount  he  is  able  to  earn  thereafter  as  wages  in  the  same  employ- 
ment or  otherwise.  In  fixing  the  amount  of  the  weekly  payment, 
regard  shall  be  had  to  any  payment,  allowance  or  benefit  which 
the  workman  may  have  received  from  the  employer  during  the 
period  of  his  incapacity,  and  in  the  case  of  partial  incapacity  the 
weekly  payment  shall  in  no  case  exceed  the  difference  between 
the  amount  of  the  average  weekly  earnings  of  the  workman  before 
the  accident  and  the  average  weekly  amount  which  he  is  earning 
or  is  able  to  earn  in  the  same  employment  or  otherwise  after  the 
accident,  but  shall  amount  to  one  half  of  such  difference.  In  no 
event  shall  any  compensation  paid  under  this  act  exceed  the  dam- 
age suffered,  nor  shall  any  weekly  payment  payable  under  this 
act  in  any  event  exceed  fifteen  dollars  a  week  or  extend  over  more 
than  three  hundred  weeks  from  the  date  of  the  accident.  Such 
payment  shall  continue  for  such  period  of  three  hundred  weeks 
provided  total  or  partial  disability  continue  during  such  period. 
No  such  payment  shall  be  due  or  payable  for  any  time  prior  to  the 
giving  of  the  notice  required  by  section  5  of  this  act. 

Sect.  3.     This  act  shall  take  effect  upon  its  passage  but  these  Takes  effect  on 
amendments  shall  not  alter  or  impair  rights  of  actions  or  causes  tcf^imffair  "rights 
of  actions  existing  when  this  act  takes  effect  but  all  such  shall  be  F|J'°"®^y  *^*^*" 
determined  by  the  law  as  it  heretofore  existed. 

[Approved  May  4,  1923.] 


116 


Chapters  92,  93. 


1923 


CHAPTER  92. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  212  OF  THE  LAWS  OP  1913,  RE- 
LATING TO  ADVERTISEMENTS  DURING  STRIKES,  LOCKOUTS  OR  OTHER 
LABOR  DISPUTES. 


Section 

1.  Violation  of  law  as  to  advertise- 
ments during  labor  disputes,  etc., 
how   punished. 


Section 

2.     Takes  effect  on   passage. 


Violation   of  law 
as  to  advertise- 
ments during 
labor  disputes, 
etc.,    how    pun- 
ished. 


Takes  effect  on 
passage. 


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

Section  1.  Amend  section  3,  chapter  212  Laws  of  1913  as 
amended  by  section  2,  of  chapter  99  of  the'  Laws  of  1917  by 
striking  out  the  whole  thereof  and  substituting  the  following: 
Sect.  3.  If  any  person  or  persons  shall  violate  any  provision  of 
this  chapter,  or  shall  authorize  or  permit  the  violation  of  any 
provision  of  this  chapter,  he  shall  be  guilty  of  a  misdemeanor  and 
subject  to  a  fine  not  exceeding  one  hundred  dollars,  or  imprison- 
ment not  exceeding  six  months  or  both. 

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

[Approved  May  4,  1923.] 


CHAPTER  93. 


an  act  in  amendment  op   section   16,   CHAPTER  92,   LAWS  OF   1919, 

AS  amended  by  chapter  97,  LAWS  OP  1921,  SAID  ACT  relating  to 

BUSINESS  CORPORATIONS. 


Section  Section 

1.     Until  capital  stock  with  voting  right  2.     Takes  effect  on  passage, 

has  been  issued,  incorporators  to 
exercise  corporate  powers;  after 
such  issue,  powers,  etc.,  of  in- 
corporators  shall   cease. 

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

Until  capital  stock  SECTION  1.  Amend  scctiou  16  of  chapter  92  of  the  Laws  of 
iras\e7n''ksued^^*  1^19,  as  amended  by  chapter  97  of  the  Laws  of  1921,  by  striking 
incorporators  to'  out  the  wholc  of  Said  scctiou  and  by  substituting  therefor  the 
pora^'e^ powers;  f ollowiug :  Sect.  16.  Until  somc  of  the  capital  stock  with  right 
powers™ttc.',''oT'  to  votc  to  bc  presently  issued  as  set  forth  in  the  votes  of  the 
sSanS^."'         incorporators   as   hereinbefore   provided   shall   have   been    issued. 


1923]  Chapter  94.  117 

the  incorporators  shall  continue  to  exercise  the  powers  of  the 
corporation  and  may  hold  meetings  in  accordance  with  the  pro- 
visions of  the  by-laws  or  upon  waiver  of  notice  signed  by  all  the 
incorporators  or  in  accordance  with  the  adjournment  of  a  pre- 
vious meeting,  and  either  directly  or  through  the  board  of  di- 
rectors may  provide  for  the  issue  of  capital  stock  in  accordance 
with  the  record  of  organization.  When  any  of  such  stock  with 
right  to  vote  shall  have  been  so  issued,  the  powers,  duties  and 
liabilities  of  the  incorporators  as  such  shall  cease  and  the  powers 
of  the  corporation  shall  thereafter  vest  in  the  stockholders. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  Jassage!^^"*  °° 

[Approved  May  4,  1923.] 


CHAPTER  94. 

AN   ACT  IN   AMENDMENT  OF   SECTION   1,    CHAPTER   93,    LAWS  OF   1919, 
REQUIRING    ANNUAL   RETURNS    OF    CORPORATIONS. 

S'ection   1.      Returns   of    corporations    to    secretary  of  state  to  be  on  or  before  April 
1,   annually. 

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

Section  1.  Amend  section  1,  chapter  93,  Laws  of  1919,  by  Returns  of 
striking  out  the  word  "March"  in  lines  seven  and  nineteen,  and  in-  secretary  of  state 
serting  in  place  thereof  the  word  April,  so  that  said  section,  as  Apru  *i!  annuan>\ 
amended,  shall  read  as  follows:  Section  1.  Every  corporation  en- 
gaged in  business  within  this  state,  whose  object  is  a  dividend 
of  profits,  and  every  such  corporation  organized  under  the  laws  of 
this  state  which  is  engaged  in  business  outside  this  state,  except 
in  any  case  insurance  companies,  railroads  and  public  utility  cor- 
porations making  annual  returns  to  the  public  service  commission, 
banks,  and  building  and  loan  associations,  shall  annually,  on  or 
before  April  1  of  each  year  make  a  return  in  writing  to  the 
secretary  of  state  upon  blanks  to  be  furnished  by  him  upon  re- 
quest, said  returns  to  be  signed  by  and  under  the  oath  of  the  presi- 
dent or  vice-president  and  of  the  treasurer  or  assistant  treasurer 
of  such  corporation,  and  to  state  the  amount  of  its  authorized 
capital  stock,  the  amount,  number  of  shares  and  the  par  value 
thereof,  if  any,  of  its  stock  issued  and  outstanding,  the  amount 
of  all  indebtedness  due  to  and  from  the  corporation  and  the  value 
of  all  its  property  and  assets,  so  far  as  the  same  can  be  ascertained, 


118  Chapter  94.  [1923 

as  existing  on  the  first  day  of  the  preceding  January.  Every  such 
corporation  shall  pay  to  the  secretary  of  state,  with  such  annual 
return,  a  filing  fee  of  five  dollars.  The  secretary  of  state  shall,  on 
or  after  April  2  of  each  year  notify  by  registered  mail,  postage 
paid,  every  such  corporation  which  shall  fail  to  file  the  annual 
return  or  pay  the  filing  fee  required  by  this  section,  by  a  written 
or  printed  notice  of  such  failure,  said  notice  to  be  addressed  to 
such  corporation  at  its  principal  place  of  business  as  appearing 
upon  the  records  in  the  office  of  the  secretary  of  state,  or  in  the 
case  of  any  such  corporation  not  organized  under  the  laws  of  this 
state  said  notice  may  be  addressed  to  any  officer,  agent,  or  employee 
of  the  corporation  having  charge  of  any  of  its  business  or  cus- 
tody of  any  of  its  property  within  this  state,  and  said  notice 
to  contain  a  copy  of  this  section.  After  the  mailing  of  such  notice 
as  herein  provided,  it  shall  be  the  duty  of  every  such  corporation 
and  every  such  officer,  agent  and  employee  to  whom  any  such 
notice  shall  have  been  mailed  and  addressed  as  herein  provided, 
to  make  or  cause  to  be  made  within  thirty  days  after  the  date  of 
such  mailing  the  return  and  payment  of  the  filing  fee  provided 
by  this  section  and  also  payment  of  an  additional  notification  fee 
of  five  dollars ;  and  any  such  corporation  and  any  such  officer,  agent, 
and  employee  wilfully  neglecting  or  failing  to  perform  said  duty, 
shall,  upon  conviction,  be  fined  not  exceeding  one  thousand  dollars. 
Any  person  who  as  treasurer  or  director  shall  subscribe  or  make 
oath  to  any  such  return  containing  any  false  statement  known  to 
such  person  to  be  false,  shall  upon  conviction  thereof  be  fined  not 
exceeding  five  thousand  dollars  or  imprisoned  not  exceeding  five 
years  or  both.  The  attorney-general  shall  prosecute  violations  of 
this  section,  and  all  fees  and  fines  collected  under  the  provisions 
hereof  shall  be  paid  into  the  state  treasury.  Sections  4,  16,  and 
17  of  chapter  150  of  the  Public  Statutes  and  amendments  thereto 
are  hereby  repealed. 

[Approved  May  4,  1923.] 


1923] 


Chapters  95,  96. 


119 


CHAPTER  95. 

AN  ACT  IN  AMENDMENT  OF  SECTION  3,  CHAPTER  187  OF  THE  SESSION 
LAWS  OF  THE  YEAR  1913,  RELATING  TO  THE  REGISTRATION  OF  FOREIGN 
CORPORATIONS. 

Section  1.  Foreign  corporations  to  be  liable  to  penalty  for  non-registration; 
action  by  such  non-registering  corporations  not  maintainable  until 
after  registration. 

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


Section  1.     Amend  section  3,  chapter  187,  of  the  session  Laws  Foreign  corpora- 
of  the  year  1913  by  striking  out  all  of  said  section  after  the  words  to  penalty  for 
"so  long  as  it  fails  to  comply  with  the  requirements  of  this  act, "  act'ion^Ty'^ such ' 
so  that  said  section  as  amended  shall  read  as  follows :     Sect.  3.  co°rporftion"''not 
Every  such  corporation  which  fails  to  comply  with  the  require-  ™i''*ani^*rigi^-'^ 
ments  of  section  1  shall  be  liable  to  a  fine  of  not  more  than  fivetratio"- 
hundred  dollars.    Such  failure  shall  not  affect  the  validity  of  any 
contract  with  such  corporation,  but  no  action  shall  be  maintained 
or  recovery  had  in  any  of  the  courts  of  this  state  by  any  such 
foreign  corporation  so  long  as  it  fails  to  comply  with  the  require- 
ments of  this  act. 


[Approved  May  4,  1923.] 


CHAPTER  96. 

AN  ACT  IN  amendment  OF  SECTION  7  OF  CHAPTER  58  OF  THE  LAWS 
OF  1915,  ENTITLED  "aN  ACT  CREATING  A  BOARD  OF  BANK  COMMIS- 
SIONERS AND  ABOLISHING  THE  OFFICE  OF  STATE  AUDITOR.'' 


Section 

1.      Salary    of    bank    commissioners;    of 
examiner    and    clerks;    expenses. 


Section 

2.     Takes   effect   on   passage. 


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


Section  1.     Strike  out  section  7   of  chapter   58  of  the  Laws  salary  of  bank 
of  1915  and  substitute  the  following:    Sect.  7.    The  annual  salary orexlmlner'and 
of  the  chairman  of  the  board  of  bank  commissioners  shall  be  thirty-  ''^^^''  «^p«°^«^ 
five  hundred  dollars,  and  the  annual  salary  of  each  of  his  asso- 
ciates shall  be  twenty-seven  hundred  and  fifty  dollars.     The  bank 


120  Chapter  97.  [1923 

commission  shall  have  authority  to  appoint  an  examiner  at  an 
annual  salary  of  two  thousand  dollars,  and  two  clerks,  one  at  an 
annual  salary  of  fourteen  hundred  dollars,  and  one  at  an  annual 
salary  of  Class  C  as  established  by  chapter  118,  Laws  of  1921, 
''An  Act  to  equalize  the  salaries  of  certain  state  officials  and 
establish  maximum  salary  limits."  The  commissioners  and  the 
examiner  shall  be  allowed  their  actual  traveling  expenses  when 
engaged  in  their  official  duties,  upon  approval  of  the  governor 
and  council. 
Takes  effect  on       Sect.  2.     TMs  act  shall  take  effect  upon  its  passage. 

passage. 

[Approved  May  4,  1923.] 


CHAPTER  97. 


AN  ACT  RELATING  TO  THE  SALARY  OP  THE  MOTOR  VEHICLE 
COMMISSIONER. 


Section 

1.  Salary  of  commissioner  fixed. 

2.  Repealing    clause. 


Section 

3.     Takes  effect  Jiily   1,    1923. 


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

Salary  of  commis-      SECTION  1.     The   Salary  of  the  motor  vehicle   commissioner  is 

sioner  fixed.  itit  ■, 

hereby  established  at  three  thousand  dollars. 
Repealing  clause.       Sect.  2.     All   acts  or  parts  of  acts  inconsistent  herewith  are 

hereby  repealed. 
Takes^effect  July       Sect.  8.     This  act  shall  take  effect  July  1,  1923. 

[Approved  May  4,  1923.] 


1923] 


Chapters  98,  99. 


121 


CHAPTER  98. 

AN  ACT  IN  AMENDMENT  OP  CHAPTER  220  OF  THE  LAWS  OF  1917,  EN- 
TITLED :  AN  ACT  RELATING  TO  THE  SALARIES  OF  CERTAIN  STATE 
OFFICIALS,  IN  AMENDMENT  OF  SECTION  11,  CHAPTER  286  OF  THE 
PUBLIC  STATUTES. 


Section 

1.      Salary    of    WMidon     of    state    prison 
fixed. 


Section 

2.     Repealing     clause;     takes    effect    on 
passage. 


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

Section  1.  Strike  out  section  7  of  chapter  220  of  the  Laws  of  salary  of  warden 
1917  and  insert  in  place  thereof  the 'following:  Sect.  7.  Amend  Led.*  ^  ^"^"'^ 
section  11,  chapter  286  of  the  Public  Statutes,  as  amended,  by 
striking  out  the  whole  of  said  section  ^nd  substituting  in  place 
thereof  the  following :  Sect.  11.  The  salary  of  the  warden  of  the 
state  prison  shall  be  $2,500,  with  such  allowances  or  expenses  as 
the  governor  and  council  may  approve. 

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

,     ,  -,-,.  -,-,-,,    1  n>      ,  -j^  takes  eflfect  on 

are  hereby  repealed  and  this  act  shall  take  effect  upon  its  passage,  passage. 
[Approved  May  4,  1923.] 


CHAPTER  99. 


an  act  to  AMEND  CHAPTER  38,  LAWS  OP  1913,  ''aN  ACT  PROVIDING 
FOR  THE  BI-WEEKLY  PAYMENT  OP  ALL  STATE  EMPLOYEES,  EXCEPT 
SALARIED  OFFICERS." 


Section 

1.  Compen,';;ifion  of  slate  employees 
when  tf>  be  paid  in  bi-weekly 
payments. 


Section 

2.     Takes   effect   on   passage. 


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


Section  1.     Amend   section   1,   chapter   38,   Laws   of  1913   by  Compensation  of 

'  ^  '  .     *    state  employees 

striking  out,  after  the  word  ' '  New  Hampshire ' '  in  the  second  line,  when  to  be  paid 
the  words  "who  are  not  under  salary  shall  receive  their  wages "ments. 
and  inserting  in  place  thereof  the  following:   except  those  who 


122 


Chapter  100. 


[1923 


Takes  efifect  on 


are  receiving  more  than  two  thousand  dollars  per  annum  shall  be 
paid  their  compensation,  so  that  said  section  as  amended  shall 
read:  Section  1.  All  persons  performing  regular  work  in  the  ser- 
vice of  the  state  of  New  Hampshire  except  those  who  are  receiving 
more  than  two  thousand  dollars  per  annum  shall  be  paid  their 
compensation  in  bi-weekly  payments. 

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

[Approved  May  4,  1923.] 


CHAPTER  100. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  118  OP  THE  SESSION  LAWS  OP 
1921,  ENTITLED  ''AN  ACT  TO  EQUALIZE  THE  SALARIES  OP  CERTAIN 
STATE  OFFICIALS  AND  ESTABLISH  MAXIMUM  SALARY  LIMITS.'' 


Section 

1.      Salary      of      secretary      of      public 
library  commission  fixed. 


Section 

2.     Takes   effect  on   passage. 


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


Salary  of  secre-  SECTION  1.  Amend  the  last  line  of  section  1  of  chapter  118 
library  commis-  of  the  scssiou  Laws  of  1921,  by  striking  out  the  figures  ''$1,400" 
sion  fixed.  ^^^  inserting  $2,000  in  place  thereof,  so  that  the  salary  of  the 

secretary  of  the  public  library  commission  shall  be  $2,000  an- 
nually. 
Takesefifect  on         Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

[Approved  May  4,  1923.] 


1923] 


Chapters  101,  102. 
CHAPTER  101. 


123 


AN  ACT  TO  REGULATE  THE  SALARY  OP  THE  SOLICITOR  OF  ROCKINGHAM 

COUNTY. 


Section 

1.     Salary    of    solicitor,    etc.,    of    Rock- 
ingham county  fixed. 


Section 

2.     Repealing  clause;    takes  effect  as  of 
April    1,    1923. 


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

Section  1.  The  salary  of  the  solicitor  for  Rockingham  county  ^t^g'^^'^f^^R^ocking-''' 
shall  be  eleven  hundred  dollars  per  annum  payable  as  now  pro-  ham  county  fixed. 
vided  by  law. 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  act  are  Repeaimg^  dause^ 
hereby  repealed  and  upon  its  passage  this  act  shall  take  effect  as  April  i,  1923. 
of  April  1,  1923. 

[Approved  May  4,  1923.] 


CHAPTER  102. 


AN   ACT   RELATING   TO   THE   SALARY   OF   THE  DEPUTY   REGISTER  OF 
PROBATE  OF  THE   COUNTY  OF   MERRIMACK. 


Section 

1.      Salary  of  deputy  register  of  probate 
of  Merrimack  county  fixed. 


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  saiary  of  deputy 
county  of  Merrimack  shall  hereafter  be  one  thousand  dollars  per  bate  of  Merrimack 
annum,  payable  as  now  provided  by  law ;  and  so  much  of  section  '^'^^^^^ 
4,  chapter  88  of  the  Laws  of  1907  and  amendments  thereto,  as  is 
inconsistent  with  this  act  is  hereby  repealed. 


Sect.  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  May  4,  1923.] 


Takes  effect  on 
passage. 


124  Chapters  103,  104.  [1923 

CHAPTER  103. 

AN  ACT  RELATING  TO  THE  SALARY  OF  THE  STATE  AGENT  FOR  THE  BLIND. 

Section  I   Section 

1.      Salary  of  state  agent  for  blind  fixed.  2.     Repealing    clause;    takes    effect   July 

I  1,   1923. 

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

Salary  of  state  SECTION  1.     The  Salary  of  the  state  agent  for  the  blind  is  hereby 

fifed.    ""^     ^^  fixed  at  fifteen  hundred  dollars  per  year. 

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

i!  1923.''°     ^^  are  hereby  repealed;  and  this  act  shall  take  effect  July  1,  1923. 

[Approved  May  4,  1923.] 


CHAPTER  104. 

AN  ACT  IN   AMENDMENT  OF   SECTION    1,    CHAPTER   30,    LAWS   OF   1915, 
RELATING  TO  MUNICIPAL  COURTS. 

S"ection  I    S'ection 

1.      Salaries      of      special     justices      of  2.     Takes   effect   on   passage, 

municipal   courts   of   Manchester 
and   Nashua   fixed.  I 

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

Salaries  of  SECTION  1.     Amend  scction   1,   chapter   30,   Laws   of  1915,  by 

munidpircourV*' striking  out  all  of  said  section  after  the  word  "special"  in  line 
and^Nashuf  fixed,  twcnty-ouc  and  inserting  in  place  thereof  the  following :  justices 
of  the  municipal  courts  for  Manchester  and  Nashua,  shall  be  three 
hundred  and  fifty  dollars,  to  be  paid  by  said  cities,  respectively, 
quarterly,  so  that  said  section,  as  amended,  shall  read  as  follows: 
Section  1.  In  each  city  and  town  in  this  state  having  not  less  than 
two  thousand  inhabitants  there  is  hereby  established  a  municipal 
court,  to  consist  of  one  learned,  able,  and  discteet  person  who  shall 
be  appointed  and  commissioned  as  justice  thereof  by  the  governor 
with  the  advice  and  consent  of  the  council,  and  a  special  justice, 
appointed  and  commissioned  in  like  manner.  In  the  absence,  in- 
ability, or  disqualification  of  the  justice  of  a  municipal  court,  the 
special  justice  shall  perform  the  duties  and  exercise  the  powers  of 
the  justice.     If  the  justice  and  special  justice  are  disqualified  or 


1923]  Chapter  105.  125 

uuable  from  any  cause  to  sit  iu  any  case,  a  disinterested  justice 
of  the  peace,  attending  upon  written  request  of  the  justice,  may 
hear  and  determine  the  case  and  issue  final  process  therein,  and  he 
shall  keep  a  record  thereof,  which  shall  be  kept  with  and  constitute 
a  part  of  the  records  of  said  court,  all  of  which  shall  have  like 
effect  as  if  it  were  heard  and  determined  by  the  justice  of  said 
court.  The  special  justice  and  justice  of  the  peace  requested  to 
sit  owing  to  the  disqualification  of  the  justice  and  special  justice 
shall  be  paid,  from  the  treasury  of  the  city  or  town  wherein  said 
court  is  located,  a  compensation  of  three  dollars  per  day  for  each 
day  or  part  thereof  that  he  shall  serve  in  said  capacity ;  provided, 
however,  that  the  salary  of  the  special  justices  of  the  municipal 
courts  of  Manchester  and  Nashua,  shall  be  three  hundred  and 
fifty  dollars  annually,  to  be  paid  by  said  cities,  respectively, 
quarterly. 

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

passage. 

[Approved  May  4,  1923.] 


CHAPTER  105. 

AN   ACT   IN    RELATION    TO    STANDARD   TIME. 


Section 

1.  Standard  time  defined.  Establish- 
ment of  other  system  of  time  by 
municipality    unlawful. 


Section 

3.     Penalty   for   violation. 
3.     Repealing    clause;     takes    effect    on 
passage. 


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

Section  1.  That,  within  the  state  of  New  Hampshire,  the  stand-  standard  time  de- 
ard  time  shall  be  based  on  the  mean  astronomical  time  of  the  seven-  ^g^^'  ^f  ^?her^'^'^' 
ty-fifth   degree   of   longitude   west   from   Greenwich,    known    andj^'^**^'"  P^.  *i^® 

^  ^  <^  7  jjy  municipality 

designated  by   the   federal  statute   as   ' '  United   States   Standard  unlawful. 
Eastern  Time."     It  shall  be  unlawful  for  any  town  or  other  mu- 
nicipality to  vote  for  or  otherwise  establish  any  other  system  of 
time. 

Sect.  2.     Any  violation  of  the  provisions  of  this  act  shall  be  Penalty   for 
punishable  by  a  fine  not  exceeding  $500'.  violation. 

Sect.  3.     Chapter  15,  Laws  of  1921,  and  all  acts  and  parts  of  Repealing  clause; 

ts  inconsistent  with  this  act  ar^ 
shall  take  effect  upon  its  passage. 

[Approved  May  4,  1923.] 


acts  inconsistent  with  this  act  are  hereby  repealed,  and  this  act  jfassage.  ^"^  °" 


126 


Chapter  106. 
CHAPTER  106. 


[1923 


AN  ACT  RELATING  TO  THE  NEW  HAMPSHIRE  COLLEGE  OF  AGRICULTURE 
AND  THE  MECHANIC  ARTS  AND  ESTABLISHING  THE  UNIVERSITY  OP 
NEW  HAMPSHIRE. 


University  of 
New    Hampshire 
established ;    ob- 
ject;    degrees; 
powers    of 
trustees. 


Section 

1.  University    of    New    Hampshire    es- 

tablished; object;  degrees;  powers 
of  trustees. 

2.  Trustees  how   to    be   constituted. 

3.  Trustees     to     carry    on     work     con- 

sistently with  act  of  congress 
donating  land  and  with  bequests 
and  gifts  for  benefit  of  college. 


Section 

4.  University  to   include   what   colleges, 

schools,   departments,   etc. 

5.  Trustees  of  coUege  to  continue  man- 

agement of  its  property  and 
affairs,  etc.,  and  also  of  that  of 
university. 

6.  Takes  effect  July   1,   1923. 


Trustees  how  to 
be  constituted. 


Trustees   to    carry 
on   work  consis- 
tently with  act 
of  congress 
donating  land  and 
with  bequests  and 
gifts  for  benefit 
of    college. 


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

Section  1.  That  a  university  is  hereby  established,  incorporated 
and  made  a  body  politic  and  corporate,  by  the  name  of  the  Uni- 
versity of  New  Hampshire,  the  object  of  which  shall  be  to  teach 
such  branches  of  learning  and  to  prosecute  such  researches  as  may 
be  necessary  and  desirable  in  the  education  of  youth  and  the  ad- 
vancement and  development  of  the  arts,  the  sciences  and  the  in- 
dustries, and  of  such  nature,  scope  and  standard  as  usually  prevail 
in  the  tax-supported  universities  of  the  several  states,  and  is  au- 
thorized to  grant  and  confer  in  the  name  of  the  University  of 
New  Hampshire  all  such  degrees,  literary  titles,  honors  and  dis- 
tinctions as  other  such  universities  may  of  right  do,  and  the  trus- 
tees of  said  university  are  further  authorized  to  define  and  pre- 
scribe the  standard,  scope  and  nature  of  the  instruction  and 
attainments  necessary  in  order  to  qualify  for  such  degrees,  titles, 
honors  and  distinctions,  and  to  issue  such  bulletins,  announcements 
and  reports  in  the  name  of  the  University  of  New  Hampshire  as 
may  be  found  necessary  or  desirable  in  publishing  and  defining  the 
standard,  scope,  quality  and  nature  of  the  educational  work  of  the 
corporation. 

Sect.  2.  The  persons  now  constituting  the  board  of  trustees  of 
the  New  Hampshire  College  of  Agriculture  and  the  Mechanic 
Arts  and  their  successors  shall  constitute  the  board  of  trustees  of 
the  University  of  New  Hampshire. 

Sect.  3.  The  trustees  of  the  New  Hampshire  College  of  Agri- 
culture and  the  Mechanic  Arts  are  hereby  authorized  to  carry 
on  the  work  of  the  college  in  connection  with  and  as  a  part  of  the 
work  of  the  university,  in  such  manner  as  to  be  consistent  with 
the  provisions  of  an  act  of  Congress  approved  July  2,  1862,  en- 
titled ' '  An  Act  donating  public  lands  to  the  several  states  and  terri- 
tories which  may  provide  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts,"  and  the  supplements  to  and  amendments 


1923] 


Chapter  107. 


127 


of  said  act,  and  with  the  terms  of  the  bequest  made  to  the  state 
of  New  Hampshire  by  the  late  Benjamin  Thompson  of  Durham 
and  of  other  gifts  made  to  the  college  or  to  the  state  for  the  bene- 
fit of  the  college,  and  with  the  continuance  of  the  separate  corporate 
existence  of  the  college  under  the  several  acts  of  the  legislature 
heretofore  enacted  for  the  purposes  therein  set  forth. 

Sect.  4.     The  University  of  New  Hampshire  shall  also  include  university  to  jn- 
a  college  of  technology  or  engineering  and  a  college  of  arts  and  leges,  schools,  de- 
science,  and  suck  schools,  departments  and  divisions  as  are  con-  p**^*™^"^*^- 
sistent  with  such  organization,  and  such  other  colleges,  schools, 
departments  or  divisions  as  the  legislature  may  authorize. 

Sect.  5.     The  trustees  of  the  college  shall  continue  to  have  the  Trustees  of  coi- 

,-,  iiij'j.  J.  J       ££    •  J  lege  to  continue 

management  and  control  of  its  property  and  aftairs  and  as  ex-  management  of 

officio  trustees  of  the  university  shall  have  the  entire  management  affaF/s°^etc?!  Ind 

and  control  of  its  property  and  affairs,  including  the  power  to  unf^erlit^y  ^*  °^ 

accept  legacies  and  other  gifts  to  or  for  the  benefit  of  the  university, 

and  the  employment  of  teachers  and  such  other  persons  as  may 

be  necessary  to  carry  out  the  purposes  for  which  the  university  is 

created. 


Sect.  6.     This  act  shall  take  effect  July  1,  1923. 
[Approved  May  4,  1923.] 


Takes  effect  July 
1,    1923. 


CHAPTER  107. 


AN  ACT  IN  amendment  OF  SECTION  13  OF  CHAPTER  191  OP  THE  PUBLIC 
STATUTES,  RELATING  TO  SUITS  BY   AND  AGAINST  ADMINISTRATORS. 


Section 

1.  Damages  recovered  for  death  by 
wrongful  act,  how  to  be  dis- 
tributed. 


Section 

2.      Takes    effect   July    1,    1923. 


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


Section  1.     Amend  section  13   of  chapter  191   of  the  Public  Damages  recov- 
Statutes  by  striking  out  the  whole  of  said  section  and  inserting  in  b"  wrongfu^'act, 
place  thereof  the  following :    Sect.  13.  In  such  case,  the  damages  J^°ihuted!'^  *^'^ 
recovered,  less  the  expenses  of  recovery,  shall  belong  and  be  dis- 
tributed as  follows: 

I.  To  the  widow  or  widower  of  the  deceased,  one  half  thereof; 
and  to  the  dependent  children,  if  any,  the  other  half  in  equal 
shares. 

II.  If  there  be  no  dependent  child,  to  the  widow  or  widower  the 
whole  thereof. 


128 


Chapter  108. 


[1923 


Takes  effect  July 
1,    1923. 


III.  If  there  be  no  child  and  no  widow  or  widower,  to  the  heirs- 
at-law  of  the  deceased  according  to  the  laws  of  distribution. 

IV.  If  there  be  a  child  or  children  and  no  widow  or  widower,  to 
the  children  of  the  deceased  in  equal  shares  the  whole  thereof, 
provided  no  child  or  children  are  dependent.  If  there  be  minor 
children  and  dependent  child  or  children,  the  whole  thereof  to 
the  minor  children  and  the  dependent  child  or  children  in  equal 
shares. 

Sect.  2.     This  act  shall  take  effect  July  1,  1923. 

[Approved  May  4,  1923.] 


CHAPTER  108. 

AN  ACT  IN  AMENDMENT  OP  CHAPTER  80,  OF  THE  LAWS  OF  1907, 
RELATING   TO    MARRIAGES. 


Section 

1.      Age   of   consent   to   be   twenty   years 
in  males  and  eighteen- iu  females. 


Section 

2.      Repealing    clause;     takes    effect    on 
passage. 


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


Age  of  consent 
to   be  twenty 
years    in    males 
and  eighteen  in 
females. 


Repealing  clause; 
takes  effect  on 
passage. 


Section  1.  Section  2  of  chapter  80,  Laws  of  1907,  is  hereby 
amended  by  inserting  after  the  word  "male"  in  the  first  sentence 
of  said  section,  the  word  twenty  in  place  of  the  word  "eighteen" 
and  after  the  word  "female,"  the  word  eighteen  in  place  of  the 
word  "sixteen,"  and  by  inserting  after  the  word  "consent"  in  the 
sixth  line  the  words,  or  at  the  suit  of  his  or  her  parent  or  guardian, 
so  that  said  section  as  amended  shall  read :  Sect.  2,  The  age  of 
consent  shall  be  in  the  male,  twenty  years  and  in  the  female, 
eighteen  years.  Any  marriage  contracted  by  a  person  below  the 
age  of  consent,  except  as  hereinafter  provided,  may  in  the  dis- 
cretion of  the  superior  court  be  annulled  at  the  suit  of  the  party 
who  at  the  time  of  contracting  such  marriage  was  below  the  age 
of  consent,  or  at  the  suit  of  his  or  her  parent  or  guardian,  unless 
such  party  after  arriving  at  such  age  shall  have  confirmed  the 
marriage. 

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


[Approved  May  4,  1923.] 


1923] 


Chapters  109,  110. 


129 


CHAPTER  109. 

AN  ACT  IN  AMENDMENT  OF  SECTION  4,  CHAPTER  76,  LAWS  OF  1895, 
RELATING  TO  THE  PROTECTION  PROM  POLLUTION  OF  SOURCES  OP 
WATER  USED  FOR  DOMESTIC   PURPOSES. 


Section 

1.  Bathing  prohibited  in  lake,  etc., 
used  as  water  supply,  under 
penalty. 


Section 

2.      Repealing    clause;     takes    effect    on 
passage. 


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

Section  1.    Amend  section  4,  chapter  76,  Laws  of  1895,   by  Bathing  prohib- 
striking  out  the  words  ' '  one  fourth  of  a  mile  of  the  point  where  used  as  water 
said  water  is  taken, ' '  and  substituting  in  place  thereof  the  follow-  penalty. 
ing:  the  limits  prescribed  for  the  protection  of  said  water  supply 
by  the  local  and  state  board  of  health,  so  that  said  section  as 
amended  shall  read  as  follows:   Sect.  4.  If  any  person  shall  bathe 
in  such  lake,  pond,  or  reservoir  within  the  limits  prescribed  for 
the  protection  of  said  water  supply  by  the  local  and  state  board 
of  health,  he  shall  be  fined  not  exceeding  twenty  dollars  or  impris- 
oned not  exceeding  six  months. 

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,  p^'asslgl  ^"^ 

[Approved  May  4,  1923.] 


CHAPTER  110. 

AN  ACT  IN  amendment  OP  PARAGRAPH  9  OF  SECTION  1,  CHAPTER  83  OP 
the  PUBLIC   STATUTES,   RELATING  TO  PAUPERS. 


Section 

1.      Settlement  how  gained  by  residence 
and    payment    of    taxes. 


Section 

2.      Repealing    clause;     takes     effect    on 
passage. 


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


Section  1.     Amend  paragraph  ix  of  section  1    chapter  83  of  settlement  how 


gained     by    resi- 


the  Public  Statutes  as  amended  by  chapter  110  of  the  Laws  of  dence  and  pay 
1903  and  by  chapter  172  of  the  Laws  of  1911,  by  striking  out  the  ""'"^  "*  *^''''" 


130 


Chapter  HI 


[1923 


whole  of  said  paragraph  ix  and  substituting  in  place  thereof  the 
following:  ix.  Any  person  of  the  age  of  twenty-one  years  who 
shall  have  resided  in  any  town  in  this  state  seven  years  within  the 
last  ten  years,  shall  have  paid  all  taxes  legally  assessed  on  his 
poll  for  seven  years  or  on  real  estate  or  personal  property  for  four 
years  during  the  last  ten  years,  shall  thereby  gain  a  settlement  in 
such  town. 
uk^r^iftlct'^^on^" '  Sect.  2.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are 
passage.  hereby  repealed  and  this  act  shall  take  effect  upon  its  passage. 

[Approved  May  4,  1923.] 


CHAPTER  111. 


AN  ACT  TO  REGULATE  THE  SUPPLY  OF  FUEL. 


Section 

1.  Public  service  commission  authorized 

to  determine  standard  for  an- 
thracite  coal. 

2.  No  person  to   sell   other  than   stand- 

ard anthracite  coal  without  giv- 
ing notice  to  purchaser  as  to 
quality  of  coal  sold. 


Section 
8.     In 


emergency,  governor,  etc.,  may 
appoint  fuel  administrator  who 
may  fix  prices  and  standards; 
powers  of  fuel  administrator;  ap- 
peal from  his  rules  or  regula- 
tions to  governor,  etc. 

Violation  of  rule  or  regulation  of 
fuel  administrator,  how  punished. 

Takes  effect  on  passage. 


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


Public  service 
commission  au- 
thorized to  de- 
termine standard 
for  anthracite 
coal. 


No  person  to 
sell    other   than 
standard   anthra- 
cite coal  without 
giving    notice    to 
purchaser  as  to 
quality    of   coal 
sold. 


Section  1.  The  public  service  commission  is  hereby  authorized 
and  instructed  to  fix  reasonable  standards  with  respect  to  the 
amount  of  bone,  slate  or  other  foreign  substances  which  may  be 
contained  in  anthracite  coal  sold  as  standard  coal  within  this  state. 
Such  standards  shall  be  set  forth  in  an  order  or  orders  and  shall 
take  effect  at  such  time  as  shall  be  stated  therein  and  remain  in 
force  until  modified  by  the  commission.  In  fixing  such  standards 
due  regard  shall  be  had  for  the  custom  of  the  trade  as  carried 
on  by  reputable  dealers,  and  the  orders  of  the  commission  shall  be 
designed  to  protect  the  public  from  imposition. 

Sect.  2.  No  person  shall  sell  or  offer  for  sale  any  anthracite 
coal  which  does  not  comply  with  the  standards  fixed  in  accordance 
with  section  1  without  first  notifying  the  purchaser  of  the  charac- 
ter and  quality  of  the  coal  sold  or  offered  for  sale,  and  that  the 
same  does  not  comply  with  such  standards. 


1923]  Chapter  m.  131 

Sect.  3.     If  at  any  time  the  governor  and  council  shall  deter-  in  emergency, 
mine  that  an  emergency  exists  requiring  public  regulation  of  the ma^'^appoint'fuei 
supply  and  sale  of  fuel  for  any  purpose,  the  governor  with  the  m^a™'"fix^pHcer^° 
advice  and  consent  of  the  council  is  hereby  authorized  to  appoint  '^jowe^rs'ol^fuei' 
a  fuel  administrator  who  shall  hold  office  until  the  governor  and  administrator; 
council  shall  determine  that  the  emergency  has  ceased  to  exist,  and  rules  or  reguia- 
who  shall  have  authority  to  make  such  rules  and  regulations  with  e'tc"^   °  governor, 
respect  to  the  sale  and  distribution  of  fuel,  including  the  fixing  of 
prices  and  standards,  as  the  public  good  may  require.    Such  rules 
and  regulations  shall  supersede  for  the  time  being  any  orders  of  the 
public  service  commission  with  which  the  same  may  conflict.     The 
fuel  administrator  shall  have  authority  to  compel  the  attendance 
of  witnesses  and  the  production  of  documents,  and  may  examine 
the  books  and  papers  of  individuals,  firms,  associations  or  corpora- 
tions producing  or  dealing  in  fuel,  and  may  compel  the  co-opera- 
tion of  all  officers,  boards,  commissions  and  departments  of  this 
state  having  information  that  may  assist  him  in  making  investiga- 
tions in  the  discharge  of  his  duties.     The  fuel  administrator  may 
also  appoint  such  assistants  as  he  may  deem  necessary  to  carry 
out  the  provisions  of  this  act.     The  governor  and  council,  on  ap- 
peal by  any  interested  party,  may  modify  or  rescind  any  rule  or 
regulation  of  the  fuel  administrator. 

Sect.  4.     Any  person  who  shall  knowingly  violate  any  provision  violation  of  rule 
of  this  act  or  shall  fail  to  comply  with  any  rule  or  regulation  of  ?uer'^ldmini^tra^ 
the  fuel  administrator  issued  in  accordance  with  section  3  shall  for  *<»•,  how  punished. 
each  offense  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  nor  more  than  one  thousand  dollars,  or  by  imprisonment 
for  not  less  than  one  month  nor  more  than  one  year,  or  both. 

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

passage. 

[Approved  May  4,  1923.] 


132 


Chapters  112,  113. 


[1923 


CHAPTER  112. 

AN  ACT  IN  AMENDMENT  OP   SECTION   2,   CHAPTER   116,   LAWS  OF   1913, 
RELATING  TO  CABOOSE  CARS. 


Section 

1.      Calx)ose    cars    to    be    equipped    with 
two  four-wheeled  trucks. 


Section 

2.      Repealing    clause;     takes    effect    on 
passage. 


Caboose  cars  to 
be  equipped  with 
two  four-wheeled 
trucks. 


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,  chapter  116,  Laws  of  1913,  by 
striking  out  all  of  said  section  as  it  now  stands  and  inserting  in 
place  thereof  the  following:  Sect.  2.  From  and  after  the  first  day 
of  July,  1924,  it  shall  be  unlawful  for  any  such  common  carrier  by 
railroad  to  build,  construct,  purchase  or  operate  within  this  state 
any  caboose  car  or  any  other  car  used  for  like  purposes  unless  such 
caboose  or  other  car  shall  be  equipped  with  two  four-wheeled 
trucks;  provided,  however,  that  it  shall  not  be  unlawful  for  any 
such  common  carrier  to  operate  within  this  state  any  such  caboose 
car  equipped  with  two-wheeled  trucks  in  switching  within  yard 
limits  or  on  runs  which  do  not  require  the  same  crew  to  use  any 
such  caboose  car  for  a  greater  distance  than  ten  miles  in  the  same 
day  from  the  point  where  their  work  begins. 

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

[Approved  May  4,  1923.] 


CHAPTER  113. 


AN   ACT   TO   increase   THE   BOUNTY   ON    WILD   CATS. 


Section 

1.      Bounty  on  wild  cats  fixed. 


Section 

2.     Repealing    clause;     takes    effect    on 
passage. 


Bounty  on  wild 
eats  fixed. 


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

Section  1.  Amend  subdivision  (d),  section  17,  chapter  133, 
Laws  of  1915  as  amended  by  section  2,  chapter  152,  Laws  of  1919 
and  section  1,  chapter  39  of  the  Laws  of  1921  by  striking  out  the 
word  "ten"  after  the  word  "of "  in  the  fifth  line  and  inserting  in 


1923]  Chapter  114.  133 

place  thereof  the  word  twenty,  so  that  said  subdivision  as  amended 
shall  read  as  follows:  (d)  The  furs  or  skins  of  fur-bearing  animals 
legally  taken  may  be  bought  and  sold  at  any  time. 

The  selectmen  of  any  town,  upon  the  presentation  to  them  of 
the  head  of  any  wild  cat  killed  in  New  Hampshire,  shall  pay  to 
the  person  presenting  the  same  the  sum  of  twenty  dollars,  shall 
take  possession  of  said  heads,  and  shall  report  annually  to  the 
state  treasurer,  showing  the  number  of  animals  killed  and  the 
amount  paid  therefor  as  bounty,  if  any.  The  towns  paying  the 
money  as  hereinbefore  provided  shall  be  reimbursed  by  the  state 
treasurer  for  such  sums  as  they  shall  have  so  expended. 

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  May  4,  1923.] 


CHAPTER  114. 

AN  ACT  DESIGNATING  THE  HOUSE  OP  CORRECTION  OP  STRAPPORD  COUNTY 

AS  A  JAIL. 

Section  I   Section 

1.      House     of     cori'ection     of     Strafford  2.      Takes   effect   on   passage, 

county  designated  as  a  jail.  | 

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

Section  1.     All  prisoners  committed  to  jail  by  any  court  within  House  of  correc 
the  county  of  Strafford  shall  be  committed  to  the  liouse  of  correc-  county  desig- 
tion  at  the  county  farm  in  said  county  unless  the  judge  sentencing  "''  ^    ^^  *  '"'  • 
the  prisoner  shall  designate  some  other  jail  within  the  state  for 
such  confinement.     Said  house  of  correction  is  hereby  designated 
as  a  jail  for  the  confinement  of  prisoners. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  ^a^es  effect  on 

passage. 

[Approved  May  4,  1923.] 


134  Chapter  115.  [1923 

CHAPTER  115. 

AN  ACT  IN  RELATION  TO  THE  FORECLOSURE  OF  POWER  OF  SALE 
MORTGAGES  OF  REAIj  ESTATE. 


Section 

1.  Mortgages  of  real  estate  with 
power  of  sale,  how  may  be  fore- 
closed.- 


Section 

2.      Takes  effect  on   July   1,    1923. 


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

Mortgages  of  real      SECTION  1.     Amend   section   3,   chapter   19,   Laws   of   1899,   as 

estate  with  power  tit  j^--«i,r»T  n  -,r\n,r-    -i  •^  •  ■< 

of  sale,  how  may  amended  by  section  1,  chapter  2,  Laws  or  1905,  by  striking  out  the 
e  orecose  .  -^^^ole  thereof  and  inserting  in  place  thereof  the  following:  Sect. 
3.  Instead  of  such  suit  and  decree  of  sale,  the  mortgagee  or  person 
having  his  estate  in  the  premises,  or  any  person  authorized  by  the 
power  of  sale,  may,  upon  breach  of  the  condition,  give  such  notices 
and  do  all  such  acts  as  are  authorized  or  required  by  the  power ; 
but  no  sale  under  and  by  virtue  of  a  power  of  sale  in  a  mortgage 
of  real  estate  shall  be  valid  and  effectual  to  foreclose  such  mortgage, 
unless,  previous  to  such  sale,  notice  thereof  has  been  published 
once  a  week  for  three  successive  weeks  in  some  newspaper,  if 
there  is  any,  published  in  the  city  or  town  where  the  mortgaged 
premises  or  some  part  thereof  is  situated,  and  if  no  newspaper  is 
published  in  such  city  or  town,  then  in  some  newspaper  published 
in  the  county  in  which  said  property  is  situated,  unless  some 
other  newspaper  for  publication  is  agreed  upon  in  the  mortgage, 
the  first  publication  of  such  notice  in  either  case  to  be  not  less  than 
twenty-one  days  before  the  day  of  salg;  and  unless  a  copy  of  said 
notice  shall  be  served  on  the  mortgagor  or  his  representative  in 
interest  or  sent  by  registered  mail  addressed  to  said  mortgagor  or 
his  representative  in  interest  at  his  last  known  address  or  to  such 
person  and  address  as  may  be  agreed  upon  in  said  mortgage  at 
least  twenty-one  days  before  said  sale ;  and  unless  said  sale  is  held 
on  the  premises  except  where  a  different  place  of  sale  is  agreed 
upon  in  such  mortgage.  The  provisions  of  this  act  shall  not  apply 
to  the  foreclosure  of  any  power  of  sale  mortgage  executed  before 
this  act  takes  effect. 

Takes  effect  on         Sect.  2.     This  act  shall  take  effect  on  July  1,  1923. 

July    1,    1923.  *         ' 

[Approved  May  4,  1923.] 


1923] 


Chapter  116. 


135 


CHAPTER   116. 

AN  ACT  IN  AMENDMENT  OF  AND  ADDITION  TO  CHAPTER  78,  LAWS  OP 
1897,  AS  AMENDED  BY  CHAPTER  30,  LAWS  OF  1919,  RELATING  TO 
THE  CREATION  OF  VOTING  DISTRICTS  AND  ADDITIONAL  POLLING  PLACES 
IN  CITY  WARDS. 


Skotion 

1.  Election    officers,    etc.,    residents    of 

additional  polling  districts,  may 
keep  names  on  check-list  of  cen- 
tral polling  place. 

2.  Ballots     cast     at     additional    polling 

places  to  be  sent  to  moderator 
at  the  central  polling  place  and 
by  him  there  counted.  Duplicate 
check-lists  and  ballotsi  how  to  be 
returned  and  disposed  of  by 
town  clerk. 


Section 

3.  Provisions    of    act    to    apply    to    city 

where  city  council  accept  the 
same.  A'^oting  districts  in  wards, 
additional  polling  places,  and 
election  officers  to  be  made  by 
city  council. 

4.  Renumbering  of  s.  9   of  Laws    1919, 

c.   30. 

5.  Takes  effect  on   passage. 


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


Section  1.     Amend  chapter  78,  Laws  of  1897,  as  amended  by  Election  officers, 
chapter  30,  Laws  of  1919,  by  adding  at  the  end  of  section  2  the  of*' addTtionl"  ^ 
following :  Election  officers  and  town  officers  who  are  residents  of  miy'^fee^p^nlmes 
additional  polling  districts  but  are  on  duty  at  the  central  polling  °entrarpoiHng* 
place  may  keep  their  names  on  central  polling  place   check-list  place. 
by  so  arranging  with  supervisors  of  check-list. 

Sect,  2.     Further  amend  by  striking  out  the  whole  of  section  8,  Ballots  ca.st  at 
and   inserting  in   place   thereof   the    following :     Sect.  8.     Upon  piaces"to  be  s^t 
closing  the  polls  at  the  additional  polling  place,  the  box  in  which  {he'^centrai°poii* 
ballots  have  been  there  deposited  shall  be  sealed  up  by  the  pre-  '^^^  pJ^^|  countecf 
siding  officer  in  the  presence  of  the  inspectors  of  election  without  Duplicate  check- 

•  IT  -IT  11  1  IT  1  im  lists   ^^"   ballots 

opening  the  box,   and  the   clerk   at  such   polling   place   shall   so  how  to  be  re 

certify.    The  presiding  officer  shall  also  seal  up  the  duplicate  check-  poled  ot\y  town 

lists  used  at  such  polling  place  together   with   the   spoiled   and  *''^''''' 

unused  ballots,  and  the  ballot  box  containing  the  ballots  voted  as 

aforesaid,  and  send  the  same  to  the  moderator  of  the  town  at  the 

central  polling  place  by  two  designated  election  officers  who  shall 

be  of  different  political  parties,  who  shall  deliver  the  same  with  the 

seals  unbroken,  without  unnecessary  delay  at  the  central  polling 

place.     The  ballot  boxes  from  the  additional  polling  places  shall 

be  opened  by  the  moderator  at  the  central  polling  place  and  the 

ballots  there  counted,  and  the  result  of  the  ballot  of  the  entire 

town  announced  by  the  moderator  as  if  all  the  ballots  had  been 

cast  at  the  central  polling  place.     The  town  clerk  shall  receive  the 

duplicate  check-lists  and  ballots  as  returned  and  dispose  of  the  same 

as  provided  by  existing  law. 

Sect.  3.     Further  amend  by  adding  to  said  act  the  following  Provisions  of  act 

.  .    .  to  apply  to  city 

section  which  shall  be  known  as  section  9 :   Sect.  9.  The  provisions  where  city  council 


136 


Chapter  117. 


[1923 


accept  the  same,  of  tliis  act  shall  apply  to  all  elections  held  in  such  cities  as  may 
in"  wa^rds!^  addf-  by  votB  of  the  city  council  thereof  accept  the  provisions  of  this  act. 
pia'ees,  ^and^eiec-  The  crcation  of  voting  districts  in  city  wards,  the  establishment 
made°  br'^city"  ^^  ^^  additional  polling  places  in  wards  therein,  and  the  selection  of 
council.  the  various  election  officers  therefor  shall  be  made  by  said  city 

council. 


Renumbering  of 
s.    9    of    Laws 
1919,   c.  30. 

Takes  effect  on 
passage. 


Sect.  4.     Further   amend   said   act    by   renumbering  section   9 
which  shall  be  known  as  section  10. 

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

[Approved  May  4,  1923.] 


CHAPTER  117. 


AN  ACT  TO  REGULATE  THE  SALE  OF  GRAIN. 


Section 

1 .  Vendors  of  corn   or  other  foods  for 

live  stock  shall  furnish  printed 
statement  showing  net  weight 
and  grade  of  goods,  when  grain 
below  certain  specified  standards. 

2.  Standard  for  various  grains  fixed. 

3.  Sulphured   or  bleached  oats  shall  be 

so  marked  on  bill  or  invoice. 
Grain    damaged   or   so   treated   as   to 
change    or     destroy    its    identity 
shall  be   so   tagged   as   to   furnish 
full  information  thereof. 


4. 


Section 

5.     Grain    sold    in    any    quantity    to    be 

tagged  and  invoiced  in  conformity 

to  this  act. 
fi.      Penalty    for    violation    of    act. 

7.  Commissioner      of      agriculture      to 

prosecute    violation    of    act. 

8.  Repealing    clause;     takes    effect     on 

passage. 


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


Vendors  of  corn       SECTION  1.     Evcry  manufacturer,  company,  or  person  who  shall 

or   other   foods  -nm.  'n  i      •         t  •  ii 

for  live  stock       sell,  ottcr.  Or  cxpose  lor  sale  m  this  state,  any  corn,  whole,  ground, 

printed^statement  or  cracked,  oats,  rye,  barley,  wheat  or  buckwheat,  used  for  feeding 

we'ight'^ancrVade  ^ivc  stock  or  poultry,  shall  furnish  with  each  car  or  other  amount 

grafn^beiow^cer-   shipped  in  bulk,  a  plainly  printed  statement  showing  net  weight 

tain  specified       and  grade,  as  hereafter  provided,  and  shall  affix  to  each  bag  of 

grain  a  plainly  printed  statement  or  tag,  showing  grade  of  goods 

and  net  weight  contained  therein,  and  the  name  and  address  of  the 

dealer  selling  same  if  the  grain  be  below  the  following  standards : 

Below  No.  1  for  clipped  oats ;  below  No.  2  for  natural  oats ;  below 

No.  2  for  rye ;  below  No.  2  for  barley ;  below  No.  2  for  buckwheat. 

s'tandard  for  Sect.  2.     The  Standard  for  corn  shall  be  that  it  may  not  con- 

filed.^^^  ^'^'"^     taiii  more  than  seventeen  and  one-half  per  cent,  moisture,  not  more 

than  four  per  cent,  of  foreign  material  and  cracked  corn,  not  more 


1923]  Chapter  117.  "  137 

than  six  per  cent,  of  damaged  kernels  which  must  not  include  more 
than  three-tenths  of  one  per  cent,  of  heat  damaged  kernels.  Such 
corn  may  grade  No.  3  according  to  United  States  standard  or  No. 
2,  if  it  loses  two  per  cent,  of  moisture  and  contains  not  over  fifteen 
and  one-half  per  cent. 

Sect.  3.  If  oats  have  been  sulphured,  bleached,  or  otherwise  sulphured  or 
whitened  by  any  artificial  process,  every  bill  or  invoice  for  such  ghl^f'^be  so*^ 
oats  in  any  quantity  whatever,  whether  sold  at  wholesale  or  retail,  marked  on  bui 

»'    ^  *'  '  'or    invoice. 

shall  be  plainly  marked  in  bold  type  Sulphured  or  Bleached,  as 
the  case  may  be. 

Sect.  4.     If  any  grain  shall  have  been  polished,  degerminated.  Grain  damaged  or 
had  chit  or  other  part  removed,  or  treated  in  any  manner  to  con-  change  or  destroy 

,       ,  -,      ,  • ,      •  -I       ,  ■ ,  1  -i  1       •  1  its   identity   shall 

ceal,  change  or  destroy  its  identity,  or  change  its  analysis,  or  have  be  so  tagged  as 
been  damaged,  each  bag  shall  be  tagged  with  full  information  as -"formTtfo J'^^ 
to  the  quality  and  kind  of  such  grain,  net  weight,  sort  of  treat-  thereof. 
ment  it  has  undergone,  and  description  of  damage  suffered,  if  any. 

Sect.  5.     This  act  shall  make  it  obligatory  on  every  person  sell-  Grain  sold  in  any 

,  11  1     1         r  J     •!    quantity  to  be 

ing  gram  m  any  quantity  whatever,  whether  at  wholesale  or  retail,  tagged  and  in- 

,,  1  .  T  1-  •  •  n  ••  •jiji  voiced  in  con- 

to  tag  such  gram  and  make  invoices  m  contormity  with  the  pro-  formity  to  this 
visions  of  this  act.  ,  '*°*" 

Sect.  6.  Any  manufacturer,  company,  or  person  who  shall  Penalty  for 
sell,  offer,  or  expose  for  sale  or  distribution  in  this  state  any  of 
the  grain  herein  mentioned  without  complying  with  the  require- 
ments of  this  act,  shall,  on  conviction  in  a  court  of  competent 
jurisdiction,  be  fined  not  more  than  one  hundred  dollars  for  the 
first  offense,  and  not  more  than  two  hundred  dollars  for  each  sub- 
sequent offense. 

Sect.  7.     Whenever  the   commissioner   of   agriculture   becomes  Commissioner  of 
cognizant  of  the  violation  of  any  of  the  provisions  of  the  act,  he  prosecute  vioia- 
shall  prosecute  the  party  or  parties  thus  reported. 

Sect.  8.     All  acts  and  parts  of  acts  inconsistent  with  this  act  Repealing  clause; 

\  .  takes    effect   on 

are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage,    passage. 
[Approved  May  4,  1923.] 


138 


Chapter  118. 
CHAPTER  118. 


[1923 


AN  ACT  TO  CONTROL  THE  POSSESSION,  SALE,  AND  USE  OF  PISTOLS 
AND  REVOLVERS. 


Section 

1.  Definition    of   pistol   or    revolver. 

2.  Commission   of  crime  by   one   armed 

with    pistol    and    unlicensed,    how 
punished. 

3.  What    persons    forbidden     to     carry 

pistols    or    revolvers;    penalty    for 
violation. 

4.  Carrying   concealed    weapon    without 

license;    penalty   for   violation. 

5.  Persons   exempt   from  application   of 

preceding    section. 

6.  License  to   carry  loaded   weapon,    to 

whom      and      by      whom      to      be 
granted. 

7.  Sales,    etc.,    of    weapons    to    minors, 

how  punished;    exemption. 

8.  Sale,    etc.,   to   unnaturalized   foreign- 

born  persons,   etc.,  or  to   a  felon, 
lirohibited  except  iipon  permit. 


Section 

9.      Selling,     etc.,     of     weapons    without 
license,   how  punished. 

10.  Licenses   to    sell,    how   granted;    rec- 

ord of  sales  to  be  kept. 

11.  Purchasing    weapon    by   false    infor- 

mation    or    evidence,     how    pun- 
ished. 

12.  Removing       maker's       name       from 

weapon,       or      other      mark      of 
identification,  how  punished. 

13.  Existing  licenses  to   expire  July   31, 

1923. 

14.  Antique    weapons    not    included    in 

act. 

15.  Repealing     clause;     takes    effect    on 

passage. 


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


Definition    of 
pistol  or  revolver. 


Commission  of 
crime    by    one 
armed  with  pistol 
and   unlicensed, 
how  punished. 


What    per.sons 
forbidden  to  carry 
pistols    or    revol- 
vers;   penalty    for 
violation. 


Carrying    con- 
cealed weapon 
without  license ; 
penalty   for   viola- 
tion. 


Persons  exempt 
from  application 
of    preceding 
section. 


Section  1.  Pistol  or  revolver,  as  used  in  this  act  shall  be  con- 
strued as  meaning  any  firearm  with  a  barrel  less  than  twelve  inches 
in  length. 

Sect.  2.  If  any  person  shall  commit  or  attempt  to  commit  a 
crime  when  armed  with  a  pistol  or  revolver,  and  having  no  permit 
to  carry  the  same,  he  shall  in  addition  to  the  punishment  provided 
for  the  crime,  be  punished  by  imprisonment  for  not  more  than 
five  years. 

Sect.  3.  No  unnaturalized  foreign-born  person  and  no  person 
who  has  been  convicted  of  a  felony  against  the  person  or  property 
of  another  shall  own  or  have  in  his  possession  or  under  his  control 
a  pistol  or  revolver,  except  as  hereinafter  provided.  Violations  of 
this  section  shall  be  punished  by  imprisonment  for  not  more  than 
two  years  and  upon  conviction  the  pistol  or  revolver  shall  be  con- 
fiscated and  destroyed. 

Sect.  4.  No  person  shall  carry  a  pistol  or  revolver  concealed 
in  any  vehicle  or  upon  his  person,  except  in  his  dwelling  house  or 
place  of  business,  without  a  license  therefor  as  hereinafter  provided. 
Violations  of  this  section  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars  or  by  imprisonment  not  exceeding  one 
year  or  by  both  fine  and  imprisonment. 

Sect.  5.  The  provisions  of  the  preceding  sections  shall  not  apply 
to  marshals,  sheriffs,  policemen,  or  other  duly  appointed  peace  and 
other  law  enforcement  officers,  nor  to  the  regular  and  ordinary  trans- 


,1923]  Chapter  118.  139 

portation  of  pistols  or  revolvers  as  merchandise,  nor  to  members 
of  the  army,  navy,  or  marine  corps  of  the  United  States,  nor  to 
the  national  guard  when  on  duty,  nor  to  organizations  by  law  au- 
thorized to  purchase  or  receive  such  weapons,  nor  to  duly  au- 
thorized military  or  civil  organizations  when  parading,  or  the 
members  thereof  when  at  or  going  to  or  from  their  customary 
places  of  assembly. 

Sect.  6.     The  selectmen  of  towns  or  the  mayor  or  chief  of  police  License  to  carry 

„.,.  T,.(.  .  T  ,     loaded  weapon, 

of  cities  may,  upon  application  of  any  person  issue  a  license  to  to  whom  and  by 
such  person  to  carry  a  loaded  pistol  or  revolver  in  this  state,  for  ^anTed!°  ^ 
not  more  than  one  year  from  date  of  issue,  if  it  appears  that  the 
applicant  has  good  reason  to  fear  an  injury  to  his  person  or  prop- 
erty or  for  any  other  proper  purpose,  and  that  he  is  a  suitable 
person  to  be  licensed.  The  license  shall  be  in  duplicate  and  shall 
bear  the  name,  address,  description,  and  signature  of  the  licensee. 
The  original  thereof  shall  be  delivered  to  the  licensee,  the  duplicate 
shall  be  preserved  by  the  selectmen  of  towns  and  the  chief  of 
police  of  the  cities  wherein  issued  for  a  period  of  one  year. 

Sect.  7.     Any  person  or  persons  who  shall  sell,  barter,  hire,  saJes,  etc.,  of 
lend  or  give  to  any  minor  under  the  age  of  twenty-one  years  any  minors"^  how 
pistol  or  revolver  shall  be  deemed  guilty  of  •  a  misdemeanor  and  emption'^ '  *"^" 
shall  upon  conviction  thereof  be  fined  not  more  than  one  hundred 
dollars  or  be  imprisoned  not  more  than  three  months,  or  both. 
This  section  shall  not  apply  to  fathers,  mothers,  guardians,  admin- 
istrators, or  executors  who  give  to  their  children,  wards,  or  heirs 
to  an  estate,  a  revolver. 

Sect.  8.     No  person  shall  sell,  deliver,  or  otherwise  transfer  a  Saje,  etc.,  to 

.,1  t  ,  1.  ii-ii?'i  unnaturalized 

l)istol  or  revolver  to  a  person  who  is  an  unnaturalized  loreign-born  foreign-born 
person  or  has  been  convicted  of  a  felony  against  the  person  or  fo^  a^°fefon,^pro-  *"^ 
property  of  another,  except  upon  delivery  of  a  written  permit  to  up^on^permlt^^ 
purchase,  signed  by  the  selectmen  of  the  town  or  the  mayor  or 
chief  of  police  of  the  city.  Before  a  delivery  be  made  the  purchaser 
shall  sign  in  duplicate  and  deliver  to  the  seller  a  statement  con- 
taining his  full  name,  address,  and  nationality,  the  date  of  sale, 
the  caliber,  make,  model,  and  manufacturer's  number  of  the  weapon. 
The  seller  shall,  within  seven  days,  sign  and  forward  to  the  chief 
of  police  of  the  city  or  selectmen  of  the  town  one  copy  thereof  and 
'shall  retain  the  other  copy  for  one  year.  This  section  shall  not 
apply  to  sales  at  wholesale.  Where  neither  party  to  the  transaction 
liolds  a  dealer's  license,  no  person  shall  sell  or  otherwise  transfer 
a  pistol  or  revolver  to  any  person  not  personally  known  to  him. 
Violations  of  this  section  shall  be  punished  by  a  fine  of -not  more 
than  one  hundred  dollars  or  by  imprisonment  for  not  more  than 
one  year,  or  by  both  such  fine  and  imprisonment. 

Sect.  9.     Whoever,  without  being  licensed  as  hereinafter  pro- JJl^^f^g^^:j.ij°5jt 
vided,  sells,  advertises,  or  exposes  for  sale,  or  has  in  his  possession  I'cense,  how  pun- 


140 


Chapter  118. 


[1923 


Licenses  to  sell, 
how    grantedj; 
record    of   sales 
to  be  kept. 


Purchasiiif; 
weapon   by    false 
information    or 
evidence,    how 
punished. 


Removing  maker's 
name   frpm 
weapon,    or    other 
mark   of   identi- 
fication, how 
punished. 


JO.xisting    licenses 
to  expire  July  31, 
1923. 


Antique    weapons 
not   included   in 
act. 


with  intent  to  sell,  pistols  or  revolvers,  shall  be  punished  by  im- 
prisonment for  not  more  than  two  years. 

Sect.  10.  The  selectmen  of  towns  and  the  chief  of  police  of 
cities  may  grant  licenses,  the  form  of  which  shall  be  prescribed  by 
the  secretary  of  state,  effective  for  not  more  than  one  year  from 
date  of  issue,  permitting  the  licensee  to  sell  at  retail  pistols  and 
revolvers  subject  to  the  following  conditions,  for  breach  of  any 
of  which  the  license  shall  be  subject  to  forfeiture : 

1.  The  business  shall  be  carried  on  only  in  the  building  designated 
in  the  license. 

2.  The  license  or  a  copy  thereof,  certified  by  the  issuing  au- 
thority, shall  be  displayed  on  the  premises  where  it  can  easily  be 
read. 

3.  No  pistol  or  revolver  shall  be  delivered  (a)  to  a  purchaser  not 
personally  known  to  the  seller  or  who  does  not  present  clear  evi- 
dence of  his  identity;  nor  (b)  to  an  unnaturalized  foreign-born 
person  or  a  person  who  has  l)oen  convicted  of  a  felony  and  has  no 
permit  as  required  by  section  8  of  this  act. 

A  true  record,  in  duplicate,  shall  be  made  of  every  pistol  or 
revolver  sold,  said  record  to  be  made  in  a  book  kept  for  the  pur- 
pose, the  form  of  which  shall  be  prescribed  by  the  secretary  of 
state  and  shall  be  signed  by  the  purchaser  and  by  the  person  effect- 
ing the  sale,  and  shall  include  the  date  of  sale,  the  caliber,  make, 
model,  and  manufacturer's  number  of  the  weapon,  the  name,  ad- 
dress, and  nationality  of  the  purchaser.  One  copy  of  said  record 
shall,  within  seven  days,  be  forwarded  to  the  selectmen  of  the 
town  or  the  chief  of  police  of  the  city  and  the  other  copy  retained 
for  one  year. 

Sect.  11.  If  any  person  in  purchasing  or  otherwise  securing 
delivery  of  a  pistol  or  revolver  shall  give  false  information  or  offer 
false  evidence  of  his  identity  he  shall  be  punished  by  imprisonment 
for  not  more  than  two  years. 

Sect.  12.  No  person  shall  change,  alter,  remove,  or  obliterate 
the  name  of  the  maker,  model,  manufacturer's  number,  or  other 
mark  of  identification  on  any  pistol  or  revolver.  Possession  of  any 
such  firearms  upon  which  the  same  shall  have  been  changed,  al- 
tered, removed,  or  obliterated,  shall  be  presumptive  evidence  that 
such  possessor  has  changed,  altered,  removed  or  obliterated  ihe 
same.  Violations  of  this  section  shall  be  punished  by  a  fine  of  not 
more  than  two  hundred  dollars  or  by  imprisonment  for  not  more 
than  one  year,  or  both. 

Sect.  1*3.  All  licenses  heretofore  issued  within  the  state  per- 
mitting the  carrying  of  pistols  or  revolvers  upon  the  person  shall 
expire  at  midnight  of  July  31,  1923. 

Sect.  14.  This  act  shall  not  apply  to  antique  pistols  or  revol- 
vers incapable  of  use  as  such. 


1923] 


Chapter  119. 


141 


Sect.  15.     All  acts  and  parts  of  acts  inconsistent  herewith  are  Repealing  clause; 
hereby  repealed,  and  this  act  shall  take  effect  upon  its  passage.       passage. 

[Approved  May  4,  1923.] 


CHAPTER  119. 

AN  ACT  TO  PROHIBIT  THE  SALE  AND  MANUFACTURE  OF  INFLAMMABLE 

STOVE  POLISHES. 


Section 

1.  Manufacture  or  sale  of  certain  in- 
flammable stove  polishes  forbid- 
den. 


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  unlawful  to  manufacture  for  sale,  keep  for  Manufacture  or 
sale,  or  sell  for  domestic  use,  any  articles  or  compounds  designed  inflammable 
or  intended  as  stove  polish,  which  flash  at  a  temperature  below  one  forbidden.^  ^^^ 
hundred  and  twenty  degrees  Fahrenheit,  open  cup  test.     The  sell- 
ing or  having  for  sale  of  such  compounds  by  retail  stores  shall  be 
deemed  as  presumptive  evidence  of  their  being  intended  for  domes- 
tic use. 

Sect.  2.     Any  violation  of  this  act  shall  be  punished  by  a  fine  Penalty  for 
not  exceeding  one  hundred  dollars  ($100)  or  by  imprisonment  not"°^*^°" 
exceeding  six  months  or  both. 

Sect.  3.     So  much  of  chapter  101,  Laws  of  1921,  as  is  incon-  Repealing  clause; 

,  .,  Till  -I  r.  •  •  takes  effect  on 

sistent  herewith  and  all  other  acts  and  parts  oi  acts  inconsistent  passage. 
herewith  are  hereby  repealed  and  this  act  shall  take  effect  upon 
its  passage. 


[Approved  May  4,  1923.] 


142 


Chapters  120,  121. 


[1923 


CHAPTER  120. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  177  OP  THE  LAWS  OP  1917,  EN- 
TITLED "an  act  to  more  EPPECTIVELY  RESTRAIN  AGREEMENTS  TO 
REGULATE  AND  FIX  PRICES  OF  COMMODITIES  IN  THIS  STATE  AND  TO 
RESTRAIN  COMBINATIONS  AND  MONOPOLIES  IN  COMMODITIES  AND 
PROVIDE  PENALTIES  THEREFOR. ' ' 


Section 

1.     Illegal   trusts  limited   and  defined. 


Section 

2.     Takes  effect  on  passage. 


Illegal   trusts 
limited  and  de- 
fined. 


■fakes  effect  on 
passage. 


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

Section  1.  Amend  chapter  177  of  the  Laws  of  1917  by  renum- 
bering sections  8  and  9  to  read  sections  9  and  10  and  by  inserting  a 
new  section  to  read  as  follows :  Sect.  8.  No  organization  enumerated 
in  section  7,  or  the  members  thereof,  if  they  have  a  capital  stock, 
shall  be  held  or  considered  to  be  an  illegal  trust  or  conspiracy 
against  trade,  under  this  act,  if  they  are  operating  in  conformity 
with  chapter  57  of  the  Laws  of  the  Second  Session  of  the  Sixty- 
Seventh  Congress,  entitled,  "An  Act  to  authorize  association  of 
producers  of  agricultural  products." 

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

[Approved  May  4,  1923.] 


CHAPTER  121. 

AN  ACT  CONCERNING  THE  GRANTING  OF  PERMITS  FOR  THE  SOLICITING 
OF  FUNDS  FOR  CHARITABLE  PURPOSES  AND  FOR  THE  SALE  OF  TAGS, 
FLOWERS  OR  OTHER  OBJECTS  FOR  CHARITABLE  PURPOSES. 


Skction 

1.  Power  to  grant  permits  for  solicit- 
ing funds  for  charitable  objects 
conferred  upon  commission  of 
charity. 


Section 

2.     Takes  effect  on  passage. 


Power  to  grant 
permits  for 
soliciting   funds 
for    charitable 


Be   it   enacted   hy   the   Scua-te   and  House   of  Representatives   in 
General  Court  convened: 

Section  1.  The  right  to  grant  permits  for  the  soliciting  of 
funds  for  charitable  purposes  and  for  the  sale  of  tags,  flowers  or 
other  objects  for  charitable  purposes  is  hereby  vested  in  that  official 


1923] 


Chapter  122. 


143 


of  a  city  or  town  who  has  charge  of  the  public  charity  funds  of  ob^jec^s  ^con-^  ^^ 
said  city  or  town,  namely,  the  commission  of  charity,  the  overseer  mission  of  charity. 
of  the  poor,  or  whatever  the  legal  title  may  be. 

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


passage. 


[Approved  May  4,  1923.] 


CHAPTER  122. 


AN  ACT  TO  MAKE  UNIFORM  THE  LAW  RELATING  TO  THE  SALE  OP  GOODS 
AND  TO  BE  KNOWN  AS  THE  UNIFORM  SALES  ACT. 


2. 


4. 


Section 

1.      Definitions. 

Capacity  to  buy  and  seU;  infant's 
liability  for  necessaries. 

Contracts,    when    may   be    verbal    or 

written. 
Contract   or   sale   of   goods    of    value 
of  $500  to  be  in  writing. 

"Goods"  to  include  either  existing 
goods  or  goods  to  be  manufac- 
tured or  bought  by  the  seller; 
contingent  contract  to  sell;  sale 
of    "future   goods." 

Sale  of  undivided  share  of  goods; 
fungible   goods. 

Sale  of  specific  goods;  parties  pur- 
porting to  sell  goods  which  have 
perished   before   agreement  made. 

^ale  of  specific  goods  which  after- 
wards perish  before  risk  passes 
to  the  buyer. 

Price,  how  may  be  determined. 

Price    fixed    by    third    person. 

Conditions;  breach  of;  waiver;  non- 
performance of  condition  when  a 
breach   of  warranty. 

Warranty. 

Implied   warranty. 

Implied  warranty;  on  sale  of  goods 
by    description. 

Implied  warranty  of  fitness. 

Implied  warranty ;    sale  by   sample. 

When  property  passes;  unascer- 
tained   goods. 

When  property  passes ;  specific  or 
ascertained    goods. 

When  property  passes ;  rules  for 
ascertainment  of  intention. 

Vendor's  reservation  of  right  of 
possession  or  of  property;  bill 
of  lading. 

Sale  by  auction. 

Seller's  risk;   buyer's   risk. 


7. 


9. 
10. 
11. 


12. 
13. 
14. 

15. 
16. 
17. 

18. 

19. 

20. 


21. 


Section 

23.      Sale   of   goods  by  person   not   owner 
thereof  or  agent  of  owner. 

Voidable     title     of     seller;     title     of 

buyer. 
'Title  of  bona  fide  purchaser  without 
notice   of  previous   sale. 

Retention  of  possession  by  vendor; 
rights    of    his    creditors. 

Negotiable  document  of  title. 

Negotiable  document  nt'  title,  how 
negotiated. 

Negotiable  document  of  title,  how 
negotiated,    (continued). 

Effect  of  words  "not  negotiable" 
'  'non-negotiable.' ' 

Document  of  title,  transfer  of  by  de- 
livery ;    non-negotiable   documents. 

Negotiable  document  of  title,  by 
whom  may  be  negotiated. 

Negotiable  document  of  title;  title  <if 
person  to  whom  same  has  been 
duly   negotiated. 

Transfer  without  negotiation;  title 
of  transferee. 

Right  of  transferee  to  compel  in- 
dorsement. 

Warranty  by  person  negotiating  or 
transferring  document  of  title. 

Indorsement    of    document   of    title. 

Title  of  bona  fide  holder  for  value 
of  negotiable  document  of  title  is 
not  impaired  by  breach  of  duty, 
fraud,  etc. 

Rights   of  bailee. 

Remedies  of  creditor  whose  debtor  is 
owner  of  negotiable  document  of 
title. 

Duty  of  seller ;   of  buyer. 

Delivery  and  payment ;  concurrent 
conditions. 

Delivery,  place  and  mode  of ;  de- 
mand or  tender  of  delivery. 


24. 


25. 


26. 


27. 
28. 


29. 


30. 


31. 


32. 


33. 


34. 


35. 


36. 


37. 
38. 


39. 

40. 


41. 

42. 


43. 


144 


Chapter  122. 


[1923 


Section 

44.  Partial  delivery,    rescission;   liability 

for  goods  retained  by  buyer;  de- 
livery of  goods  in  excess  of  con- 
tract; goods  mixed  with  goods 
not  contracted  for. 

45.  Delivery  by   installments. 

46.  Delivery    to    carrier. 

47.  Delivery    to    buyer;    opportunity    for 

examination. 

48.  Acceptance    of    goods. 

49.  Acceptance  of  goods,   effect  of,  upon 

liability  for  breach  of  promise  or 
warranty. 

50.  Refusal    to     accept;     notice    thereof 

to   seller. 

51.  Delivery   to   buyer;    request    to    take 

delivery  and  refusal  to  comply 
therewith. 

52.  Lien  of  unpaid  seller;   unpaid  seller 

defined. 

53.  Lien    of   unpaid   seller    (continued) ; 

stoppage  in  transitu ;  resale ; 
rescission ;     withholding    delivery. 

54.  Lien   of  unpaid   seller    (continued). 

55.  Lien   on   remainder,    where  part   de- 

livery   made. 

56.  Lien   of  unpaid  seller,   how  lost. 

57.  Stoppage  in  transitu. 

58.  "Goods   in   transit"    defined. 

59.  Stoppage   in   transitu,  right   how   ex- 

ercised. 

60.  Resale  by  seller. 

61.  Rescission  by   seller. 

62.  Rights     of     lien     and     stoppage     in 

transitu  hot  affected  by  sale  of 
goods  by  buyer ;  issue  of  negoti- 
able document  of  title. 


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

Part  I. 

FORMATION   OF  THE   CONTRACT. 


Section 
63.      Seller's    action    for    breach    of    con- 
tract,  when  property  has  passed. 

Seller's  action  for  breach  of  con- 
tract, where  buyer  refuses  to  ac- 
cept and  pay. 

Rescission  by  seller  on  buyer's 
breach  of  contract  before  de- 
livery. 

Remedies  of  buyer  where  title  has 
passed. 

Remedies  of  buyer  where  title  has 
not    passed. 

Buyer's  remedy  of  specific  perfor- 
mance  against  seller. 

Breach  of  warranty;  remedies  at 
election    of    buyer. 

Interest  and  special  damages,  re- 
covery of;  failure  of  considera- 
tion. 

Implied  contract;  when  may  be 
varied  by  express  agreement, 
course  of   dealing  or   custom. 

Remedy   for    violation    of    act. 

Rules  applicable  to  cases  not  pro- 
vided   for    in    act. 

Interpretation  to  be  such  as  will 
make   law   uniform. 

Act  not  applicable  to  contracts  in- 
tended t^  operate  as  mortgage, 
etc. 

Definition   of  terms  used   in   act. 

Repealing    clause. 

Takes  effect  on  passage. 

Act  may  be   cited   as  the   Sales  Act. 


64. 


65. 


66. 


67. 


68. 


69. 


70. 


71. 


72. 
73. 


74. 


75. 


76. 

77. 
78. 
79. 


Definitions.  SECTION  1.     (1)  A  contract  to  Sell  goods  is  a  contract  whereby 

the  seller  agrees  to  transfer  the  property  in  goods  to  the  buyer 
for  a  consideration  called  the  price. 

(2)  A  sale  of  goods  is  an  agreement  whereby  the  seller  transfers 
the  property  in  goods  to  the  buyer  for  a  consideration  called  the 
price. 

(3)  A  contract  to  sell  or  a  sale  may  be  absolute  or  conditional. 

(4)  There  may  be  a  contract  to  sell  or  a  sale  between  one  part 
owner  and  another. 

Capacity  to  buy       Sect.  2.     Capacity  to  buy  and  sell  is  regulated  by  the  general 
riabiii^ty''for"^^'^*^law  conccming  capacity  to  contract,  and  to  transfer  and  acquire 

necessaries.  property. 


1923]  Chapter  122.  145 

Where  necessaries  are  sold  and  delivered  to  an  infant,  or  to  a 
person  who  by  reason  of  mental  incapacity  or  drunkenness  is  in- 
competent to  contract,  he  must  pay  a  reasonable  price  therefor. 

Necessaries  in  this  section  mean  goods  suitable  to  the  condition 
in  life  of  such  infant  or  other  person,  and  to  his  actual  require- 
ments at  the  time  of  delivery. 

FORMALITIES  OF  THE  CONTRACT. 

Sect.  3.     Subject  to  the  provisions  of  this  act  and  of  any  other  Contracts,  when 
statute  in  that  behalf,  a  contract  to  sell  or  a  sale  may  be  made  in  wrftten.  "^^^  ^  °^ 
writing   (either  with  or  without  seal),  or  by  word  of  mouth,  or 
partly  in  writing  and  partly  by  word  of  mouth,  or  may  be  inferred 
from  the  conduct  of  the  parties. 

Sect.  4.     (1)  A  contract   to   sell  or   a  sale   of   any   goods   or  contract  or  sale 
choses  in  action  of  the  value  of  five  hundred  dollars  or  upward  shall  of  fsoo^to^bJ^in'^ 
not  be  enforceable  by  action  unless  the  buyer  shall  accept  part  of  ^^''■''^>'ie. 
the  goods  or  choses  in  action  so  contracted  to  be  sold  or  sold,  and 
actually  receive  the  same,  or  give  something  in  earnest  to  bind  the 
contract,  or  in  part  payment,  or  unless  some  note  or  memorandum 
in  writing  of  the  contract  or  sale  be  signed  by  the  party  to  be 
charged  or  his  agent  in  that  behalf. 

(2)  The  provisions  of  this  section  apply  to  every  such  contract 
or  sale,  notwithstanding  that  the  goods  may  be  intended  to  be  de- 
livered at  some  future  time,  or  may  not  at  the  time  of  such  contract 
or  sale  be  actually  made,  procured,  or  provided,  or  fit  or  ready  for 
delivery,  or  some  act  may  be  requisite  for  the  making  or  complet- 
ing thereof,  or  rendering  the  same  fit  for  delivery ;  but  if  the  goods 
are  to  be  manufactured  by  the  seller  especially  for  the  buyer  and 
are  not  suitable  for  sale  to  others  in  the  ordinary  course  of  the 
seller 's  business,  the  provisions  of  this  section  shall  not  apply. 

(3)  There  is  an  acceptance  of  goods  within  the  meaning  of  this 
section  when  the  buyer,  either  before  or  after  delivery  of  the  goods, 
expresses  by  words  or  conduct  his  assent  to  becoming  the  owner  of 
those  specific  goods. 

subject    MATTER    OF    CONTRACT. 

Sect.  5.     (1)   The  goods  which  form  the  subject  of  a  contract  "Goods"  to  in- 
to sell  may  be  either  existing  goods,  owned  or  possessed  by  the  ex'istlng^  goods  or 
seller,  or  goods  to  be  manufactured  or  acquired  by  the  seller  after  f°°f^^^*^  be^manu- 
the  making  of  the  contract  to  sell,  in  this  act  called  ' '  future  goods. ' '  ^^^sht  Jy^J^e^^^^ 

(2)  There  may  be  a  contract  to  sell  goods,  the  acquisition  of  contrast  to  seii; 

^     '  •'  .1-1  sale   of   "future 

which  by  the  seller  depends  upon  a  contingency  which  may  or  may  goods." 
not  happen. 

(3)  Where  the  parties  purport  to  effect  a  present  sale  of  future 
goods,  the  agreement  operates  as  a  contract  to  sell  the  goods. 


146  CuiVPTER  122.  [192;^ 

Sale  of  undivided      Sect.  6.     (1)   There  may  be  a  contract  to  sell  or  a  sale  of  an 
fungible^  gfods.^ '   Undivided  share  of  goods.    If  the  parties  intend  to  effect  a  present 
sale,  the  buyer,  by  force  of  the  agreement,  becomes  an  owner  in 
common  with  the  owner  or  owners  of  the  remaining  shares. 

(2)   In  the  case  of  fungible  goods,  there  may  be  a  sale  of  an 

undivided  share  of  a  specific  mass,  though  the  seller  purports  to 

sell  and  the  buyer  to  buy  a  definite  number,  weight  or  measure  of 

the  goods  in  the  mass,  and  though  the  number,  weight  or  measure  of 

the  goods  in  the  mass  is  undetermined.    By  such  a  sale  the  buyer 

becomes  owner  in  common  of  such  a  share  of  the  mass  as  the 

number,  weight  or  measure  bought  bears  to  the  number,  weight 

or  measure  of  the  mass.    If  the  mass  contains  less  than  the  number, 

weight  or  measure  bought,  the  buyer  becomes  the  owner  of  the 

whole  mass  and  the  seller  is  bound  to  make  good  the  deficiency 

from  similar  goods  unless  a  contrary  intent  appears. 

Sale  of  specific         Sect.  7.     (1)  Where  the  parties  purport  to  sell  specific  goods, 

purporting  kfseu    and  the  goods  without  the  knowledge  of  the  seller  have  wholly 

^e?fshed^btfore^^^  pcrishcd  at  the  time  when  the  agreement  is  made,  the  agreement 

agreement  made,      js  VOid. 

(2)  Where  the  parties  purport  to  sell  specific  goods,  and  the 
goods  without  the  knowledge  of  the  seller  have  perished  in  part 
or  have  wholly  or  in  a  material  part  so  deteriorated  in  quality  as 
to  be  substantially  changed  in  character,  the  buyer  may  at  his 
option  treat  the  sale — 

(a)  As  avoided,  or 

(b)  As  transferring  the  property  in  all  of  the  existing  goods  or 
in  so  much  thereof  as  have  not  deteriorated,  and  as  binding  the 
buyer  to  pay  the  full  agreed  price  if  the  sale  was  indivisible  or  to 
pay  the  agreed  price  for  the  goods  in  which  the  property  passes 
if  the  sale  was  divisible. 

Sale  of  specific  Sect.  8.     (1)   Where  there  is  a  contract  to  sell  specific  goods, 

Xerw^rds*' perish  and  subscqucutly,  but  before  the  risk  passes  to  the  buyer,  without 
pal°s^s  to^\he  auy  fault  on  the  part  of  the  seller  or  the  buyer,  the  goods  wholly 
^^y^^-  perish,  the  contract  is  thereby  avoided. 

(2)  Where  there  is  a  contract  to  sell  specific  goods,  and  subse- 
quently, but  before  the  risk  passes  to  the  buyer,  without  any 
fault  of  the  seller  or  the  buyer,  part  of  the  goods  perish  or  the 
whole  or  a  material  part  of  the  goods  so  deteriorate  in  quality 
as  to  be  substantially  changed  in  character,  the  buyer  may  at  his 
option  treat  the  contract — 
(a)   As  avoided,  or 

(&)  As  binding  the  seller  to  transfer  the  property  in  all  of  the 
existing  goods  or  in  so  much  thereof  as  have  not  deteriorated,  and 
as  binding  the  buyer  to  pay  the  full  agreed  price  if  the  contract 
was  indivisible,  or  to  pay  the  agreed  price  for  so  much  of  the  goods 
as  the  seller,  by  the  buyer's  option,  is  bound  to  transfer  if  the 
contract  was  divisible. 


1923]  Chapter  122.  147 

the  price. 

Sect.  9.     (1)   The  price  may  be  fixed  by  the  contract,  or  may  Price,  how  may 

IIP.    ,i/2j-  1  1  T  .,  -be    determined. 

be  leit  to  be  fixed  m  such  manner  as  may  be  agreed,  or  it  may  be 
determined  by  the  course  of  dealing  between  the  parties. 

(2)  The  price  may  be  made  payable  in  any  personal  property. 

(3)  Where  transferring  or  promising  to  transfer  any  interest 
in  real  estate  constitutes  the  whole  or  part  of  the  consideration  for 
transferring  or  for  promising  to  transfer  the  property  in  goods, 
this  act  shall  not  apply. 

(4)  Where  the  price  is  not  determined  in  accordance  with  the 
foregoing  provisions  the  buyer  must  pay  a  reasonable  price.  What 
is  a  reasonable  price  is  a  question  of  fact  dependent  on  the  cir- 
cumstances of  each  particular  case. 

Sect.  10.  (1)  Where  there  is  a  contract  to  sell  or  a  sale  of  price  fixed  by 
goods  at  a  price  or  on  terms  to  be  fixed  by  a  third  person,  and  ^^"^  person, 
such  third  person,  without  fault  of  the  seller  or  the  buyer,  can  not 
or  does  not  fix  the  price  or  terms,  the  contract  or  the  sale  is  thereby 
avoided ;  but  if  the  goods  or  any  part  thereof  have  been  delivered 
to  and  appropriated  by  the  buyer  he  must  pay  a  reasonable  price 
therefor. 

(2)  Where  such  third  person  is  prevented  from  fixing  the  price 
or  terms  by  fault  of  the  seller  or  the  buyer,  the  party  not  in 
fault  may  have  such  remedies  against  the  party  in  fault  as  are 
allowed  by  parts  four  and  five  of  this  act. 

CONDITIONS    AND    W^ARRANTIES. 

Sect.  11.     (1)  Where  the  obligation  of  either  party  to  a  con- conditions ; 
tract  to  sell  or  a  sale  is  subject  to  any  condition  which  is  not  per-  waiver  ;°^non- 
formed,  such  party  may  refuse  to  proceed  with  the  contract  or  P^^^^Yti^^"when* 
sale  or  he  may  waive  performance  of  the  condition.     If  the  other  ^  breach  of 

•11  1  !••  Ill  warranty. 

party  has  promised  that  the  condition  should  happen  or  be  per- 
formed, such  first-mentioned  party  may  also  treat  the  nonperform- 
ance of  the  condition  as  a  breach  of  warranty. 

(2)  Where  the  property  in  the  goods  has  not  passed,  the  buyer 
may  treat  the  fulfillment  by  the  seller  of  his  obligation  to  furnish 
goods  as  described  and  as  warranted  expressly  or  by  implication 
in  the  contract  to  sell  as  a  condition  of  the  obligation  of  the  buyer 
to  perform  his  promise  to  accept  and  pay  for  the  goods. 

Sect.  12.  Any  affirmation  of  fact  or  any  promise  by  the  seller  warranty. 
relating  to  the  goods  is  an  express  warranty  if  the  natural  tendency 
of  such  affirmation  or  promise  is  to  induce  the  buyer  to  purchase 
the  goods,  and  if  the  buyer  purchases  the  goods  relying  thereon. 
No  affirmation  of  the  value  of  the  goods,  nor  any  statement  pur- 
porting to  be  a  statement  of  the  seller's  opinion  only  shall  be 
construed  as  a  warranty. 


148  Chapter  122.  [1923 

Implied  war-  Sect.  13.     In  a  contract  to  sell  or  a  sale,  unless  a  contrary  in- 

^*"  ^'  tention  appears,  there  is : 

(1)  An  implied  warranty  on  the  part  of  the  seller  that  in  the 
case  of  a  sale  he  has  a  right  to  sell  the  goods,  and  that  in  the  case 
of  a  contract  to  sell  he  will  have  a  right  to  sell  the  goods  at  the 
time  when  the  property  is  to  pass. 

(2)  An  implied  warranty  that  the  buyer  shall  have  and  enjoy 
quiet  possession  of  the  goods  as  against  any  lawful  claims  existing 
at  the  time  of  the  sale. 

(3)  An  implied  warranty  that  the  goods  shall  be  free  at  the  time 
of  the  sale  from  any  charge  or  encumbrance  in  favor  of  any  third 
person,  not  declared  or  known  to  the  buyer  before  or  at  the  time 
when  the  contract  or  sale  is  made. 

(4)  This  section  shall  not,  however,  be  held  to  render  liable  a 
sheriff,  auctioneer,  mortgagee,  or  other  person  professing  to  sell 
by  virtue  of  authority  in  fact  or  law  goods  in  which  a  third  person 
has  a  legal  or  equitable  interest. 

Implied  war-  Sect.  14.     Where  there  is  a  contract  to  sell  or  a  sale  of  goods 

goods' b°  dScrip- by  description,  there  is  an  implied  warranty  that  the  goods  shall 

*'°°-  correspond  with  the  description  and  if  the  contract  or  sale  be 

by  sample,  as  well  as  by  description,  it  is  not  sufficient  that  the 

bulk  of  the  goods  corresponds  with  the  sample  if  the  goods  do 

not  also  correspond  with  the  description. 

Implied  war-  Sect.  15.     Subjcct  to  the  provisions   of   this   act   and   of   any 

ranty  of  fitness,     statute  in  that  behalf,  there  is  no  implied  warranty  or  condition 

as  to  the  quality  or  fitness  for  any  particular  purpose  of  goods 

supplied  under  a  contract  to  sell  or  a  sale,  except  as  follows : 

(1)  Where  the  buyer,  expressly  or  by  implication,  makes  known 
to  the  seller  the  particular  purpose  for  which  the  goods  are  re- 
quired, and  it  appears  that  the  buyer  relies  on  the  seller's  skill 
or  judgment  (whether  he  be  the  grower  or  manufacturer  or  not), 
there  is  an  implied  warranty  that  the  goods  shall  be  reasonably 
fit  for  such  purpose. 

(2)  Where  the  goods  are  bought  by  description  from  a  seller 
who  deals  in  goods  of  that  description  (whether  he  be  the  grower 
or  manufacturer  or  not),  there  is  an  implied  warranty  that  the 
goods  shall  be  of  mechantable  quality. 

(3)  If  the  buyer  has  examined  the  goods,  there  is  no  implied 
warranty  as  regards  defects  which  such  examination  ought  to 
have  revealed. 

(4)  In  the  case  of  a  contract  to  sell  or  a  sale  of  a  specified 
article  under  its  patent  or  other  trade  name,  there  is  no  implied 
Avarranty  as  to  its  fitness  for  any  particular  purpose. 

(5)  An  implied  warranty  or  condition  as  to  quality  or  fitness  for 
a  particular  purpose  may  be  annexed  by  the  usage  of  trade. 

(6)  An  express  warranty  or  condition  does  not  negative  a 
warranty  or  condition  implied  under  this  act  unless  inconsistent 
therewith. 


1923]  Chapter  122.  149 

sale  by  sample. 

Sect.  16.     In  the  case  of  a  contract  to  sell  or  a  sale  by  sample :  implied  war- 

(1)  There  is  an  implied  warranty  that  the  bulk  shall  correspond  sample.  ^^^    ^ 
with  the  sample  in  quality. 

(2)  There  is  an  implied  warranty  that  the  buyer  shall  have  a 
reasonable  opportunity  of  comparing  the  bulk  with  the  sample, 
except  so  far  as  otherwise  provided  in  section  47  (3). 

(3)  If  the  seller  is  a  dealer  in  goods  of  that  kind,  there  is  an 
implied  warranty  that  the  goods  shall  be  free  from  any  defect, 
rendering  them  unmerchantable,  which  would  not  be  apparent  on 
reasonable  examination  of  the  sample. 

Part  II. 

TRANSFER   OF   PROPERTY   AS  BETWEEN   SELLER   AND   BUYER. 

Sect.  17.     Where  there  is  a  contract  to  sell  unascertained  goods  when  property 
no  property  in  the  goods  is  transferred  to  the  buyer  unless  and  tanned '  goods, 
until  the  goods  are  ascertained,  but  property  in  an  undivided  share 
of  ascertained  goods  may  be  transferred  as  provided  in  section  6. 

Sect.  18.     (1)  Where   there   is   a   contract   to   sell   specific   or  when  prooerty 
ascertained  goods,  the  property  in  them  is  transferred  to  the  buyer  assertained  goods, 
at  such  time  as  the  parties  to  the  contract  intend  it  to  be  trans- 
ferred. 

(2)  For  the  purpose  of  ascertaining  the  intention  of  the  parties, 
regard  shall  be  had  to  the  terms  of  the  contract,  the  conduct  of 
the  parties,  usages  of  trade,  and  the  circumstances  of  the  case. 

Sect.  19.     Unless  a  different  intention  appears,  the  following  A\Tien  property 
are  rules  for  ascertaining  the  intention  of  the  parties  as  to  the  time  ascertainment  of 
at  which  the  property  in  the  goods  is  to  pass  to  the  buyer :  mtention. 

Ride  1.  Where  there  is  an  unconditional  contract  to  sell  specific 
goods,  in  a  deliverable  state,  the  property  in  the  goods  passes  to 
the  buyer  when  the  contract  is  made,  and  it  is  immaterial  whether 
the  time  of  payment,  or  the  time  of  delivery,  or  both,  be  postponed. 

Rule  2.  Where  there  is  a  contract  to  sell  specific  goods  and  the 
seller  is  bound  to  do  something  to  the  goods,  for  the  purpose  of 
putting  them  into  a  deliverable  state,  the  property  does  not  pass 
until  such  thing  be  done. 

Rule  3.  (1)  When  goods  are  delivered  to  the  buyer  "on  sale 
or  return."  or  on  other  terms  indicating  an  intention  to  make  a 
present  sale,  but  to  give  the  buyer  an  option  to  return  the  goods 
instead  of  paying  the  price,  the  property  passes  to  the  buyer  on 
delivery,  but  he  may  revest  the  property  in  the  seller  by  returning 
or  tendering  the  goods  within  the  time  fixed  in  the  contract,  or  if 
no  time  has  been  fixed,  within  a  reasonable  time. 

(2)  When  goods  are  delivered  to  the  buyer  on  approval  or  on 


150  Chapter  122.  [1923 

trial  or  on  satisfaction,  or  other  similar  terms,  the  property  therein 
passes  to  the  buyer : 

(ft)  When  he  signifies  his  approval  or  acceptance  to  the  seller  or 
does  any  other  act  adopting  the  transaction. 

(&)  If  he  does  not  signify  his  approval  or  acceptance  to  the  seller, 
but  retains  the  goods  Without  giving  notice  of  rejection,  then, 
if  a  time  has  been  fixed  for  the  return  of  the  goods,  on  the  ex- 
piration of  such  time,  and,  if  no  time  has  been  fixed,  on  the  expira- 
tion of  a  reasonable  time.  What  is  a  reasonable  time  is  a  question 
of  fact. 

Rule  4.  (1)  Where  there  is  a  contract  to  sell  unascertained 
or  future  goods  by  description,  and  goods  of  that  description  and 
in  a  deliverable  state  are  unconditionally  appropriated  to  the  con- 
tract, either  by  the  seller  with  the  assent  of  the  buyer,  or  by  the 
buyer  with  the  assent  of  the  seller,  the  property  in  the  goods  there- 
upon passes  to  the  buyer.  Such  assent  may  be  expressed  or  im- 
plied, and  may  be  given  either  before  or  after  the  appropriation  is 
made. 

(2)  Where,  in  pursuance  of  a  contract  to  sell,  the  seller  delivers 
the  goods  to  the  buyer,  or  to  a  carrier  or  other  bailee  (whether 
named  by  the  buyer  or  not)  for  the  purpose  of  transmission  to  or 
holding  for  the  buyer,  he  is  presumed  to  have  unconditionally  ap- 
propriated the  goods  to  the  contract,  except  in  the  cases  provided 
for  in  the  next  rule  and  in  section  20.  This  presumption  is  appli- 
cable, although  by  the  terms  of  the  contract,  the  buyer  is  to  pay 
the  price  before  receiving  delivery  of  the  goods,  and  the  goods  are 
marked  with  the  words  "collect  on  delivery"  or  their  equivalents. 

Rule  5.     If  a  contract  to  sell  requires  the  seller  to  deliver  the 
goods  to  the  buyer,  or  at  a  particular  place,  or  to  pay  the  freight  or 
cost  of  transportation  to  the  buyer,  or  to  a  particular  place,  the 
])roperty  does  not  pass  until  the  goods  have  been  delivered  to  the 
buyer  or  reached  the  place  agreed  upon. 
Vendor's  reserva-       Sect.  20.     (1)  Where  there  is  a  contract  to  sell  specific  goods, 
pos'se'ssion  or°of     or  where  goods  are  subsequently  appropriated  to  the  contract,  the 
lading!'''''  ^^"  °^  seller  may,  by  the  terms  of  the  contract  or  appropriation,  reserve 
the  right  of  possession  or  property  in  the  goods  until  certain  condi- 
tions have  been  fulfilled.  The  right  of  possession  or  property  may 
be  thus  reserved  notwithstanding  the  delivery  of  the  goods  to  the 
buyer,  or  to  a  carrier  or  other  bailee  for  the  purpose  of  trans- 
mission to  the  buyer. 

(2)  Where  goods  are  shipped,  and  by  the  bill  of  lading  the 
goods  are  deliverable  to  the  seller  or  his  agent,  or  to  the  order  of 
the  seller  or  of  his  agent,  the  seller  thereby  reserves  the  property 
in  the  goods.  But  if,  except  for  the  form  of  the  bill  of  lading,  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  performance  by  the  buyer  of  his  obligations 
under  the  contract. 


1923]  Chapter  122.  151 

(3)  Where  goods  are  shipped,  and  by  the  bill  of  lading  the 
goods  are  deliverable  to  the  order  of  the  buyer  or  of  his  agent, 
but  possession  of  the  bill  of  lading  is  retained  by  the  seller  or  his 
agent,  the  seller  thereby  reserves  a  right  to  the  possession  of  the 
goods,  as  against  the  buyer. 

(4)  "Where  the  seller  of  goods  draws  on  the  buyer  for  the  price 
and  transmits  the  bill  of  exchange  and  bill  of  lading  together  to 
the  buyer  to  secure  acceptance  or  payment  of  the  bill  of  exchange, 
the  buyer  is  bound  to  return  the  bill  of  lading  if  he  does  not 
honor  the  bill  of  exchange,  and  if  he  wrongfully  retains  the  bill 
of  lading  he  acquires  no  added  right  thereby.  If,  however,  the 
bill  of  lading  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  of  lading,  or  goods  from  the  buyer 
will  obtain  the  property  in  the  goods,  although  the  bill  of  exchange 
has  not  been  honored:  provided,  that  such  purchaser  has  received 
delivery  of  the  bill  of  lading  indorsed  by  the  consignee  named 
therein,  or  of  the  goods,  without  notice  of  the  facts  making  the 
transfer  wrongful. 

Sect.  21.     In  the  case  of  a  sale  by  auction  :  saie   by   auction. 

(1)  Where  goods  are  put  up  for  sale  by  auction  in  lots,  each  lot 
is  the  subject  of  a  separate  contract  of  sale. 

(2)  A  sale  by  auction  is  complete  when  the  auctioneer  announces 
its  completion  by  the  fall  of  the  hammer,  or  in  other  customary 
manner.  Until  such  announcement  is  made  any  bidder  may  re- 
tract his  bid ;  and  the  auctioneer  may  withdraw  the  goods  from 
sale  unless  the  auction  has  been  announced  to  be  without  reserve. 

(3)  A  right  to  bid  may  be  reserved  expressly  by  or  on  behalf 
of  the  seller. 

(4)  Wliere  notice  has  not  been  given  that  a  sale  by  auction  is 
subject  to  a  right  to  bid  on  behalf  of  the  seller,  it  shall  not  be 
lawful  for  the  seller  to  bid  himself  or  to  employ  or  induce  any 
l)erson  to  bid  at  such  sale  on  his  behalf,  or  for  the  auctioneer  to 
employ  or  induce  any  person  to  bid  at  such  sale  on  behalf  of  the 
seller  or  knowingly  to  take  any  bid  from  the  seller  or  any  person 
employed  by  him.  Any  sale  contravening  this  rule  may  be  treated 
as  fraudulent  by  the  buyer. 

Sect.  22.     Unless   otherwise   agreed,   the   goods   remain   at   the  seller's  risk; 
seller's  risk  until  the  property  therein  is  transferred  to  the  buyer  ^"^^'"^ 
but  when  the  property  therein  is  transferred  to  the  buyer  the 
goods  are  at  the  buyer's  risk  whether  delivery  has  been  made  or 
not,  except  that: 

(1)  Where  delivery  of  the  goods  has  been  made  to  the  buyer, 
or  to  a  bailee  for  the  buyer,  in  pursuance  of  the  contract  and  the 
property  in  the  goods  has  been  retained  by  the  seller  merely  to 
secure  performance  by  the  buyer  of  his  obligations  under  the  con- 


152 


Chapter  122. 


[1923 


tract,  the  goods  are  at  the  buyer 's  risk  •  from  the  time  of  such 
delivery. 

(2)  Where  delivery  has  been  delayed  through  the  fault  of  either 
buyer  or  seller  the  goods  are  at  the  risk  of  the  party  in  fault  as 
regards  any  loss  which  might  not  have  occurred  but  for  such 
fault. 

TRANSFER   OF    TITLE. 


Sale  of  goods  by 
person    not 
owner  thereof  or 
agent  of  owner. 


Voidable  title 
of  seller; 
title  of  buyer. 


Title   of   bona   fide 
purchaser  with- 
out notice  of  pre- 
vious   sale. 


Retention     of 
possession  by 
vendor;     rights 
of  his  creditors. 


Negotiable    docu- 
ment of  title. 


Negotiable  docu- 
ment  of    title, 
how  negotiated. 


Sect.  23.  (1)  Subject  to  the  provisions  of  this  act,  where 
goods  are  sold  by  a  person  who  is  not  the  owner  thereof,  and  who 
does  not  sell  them  under  the  authority  or  with  the  consent  of  the 
owner,  the  buyer  acquires  no  better  title  to  the  goods  than  the 
seller  had,  unless  the  owner  of  the  goods  is  by  his  conduct  precluded 
from  denying  the  seller's  authority  to  sell. 

(2)   Nothing  in  this  act,  however,  shall  affect : 

(a)  The  provisions  of  any  factors'  acts,  recording  acts,  or  any 
enactment  enabling  the  apparent  owner  of  goods  to  dispose  of 
them  as  if  he  were  the  true  owner  thereof. 

(&)  The  validity  of  anj^  contract  to  sell  or  sale  under  any  special 
common  law  or  statutory  power  of  sale  or  under  the  order  of  a 
court  of  competent  jurisdiction. 

Sect.  24.  "Where  the  seller  of  goods  has  a  voidable  title  thereto, 
but  his  title  has  not  been  avoided  at  the  time  of  the  sale,  the  buyer 
acquires  a  good  title  to  the  goods,  provided  he  buys  them  in  good 
faith,  for  value,  and  without  notice  of  the  seller's  defect  of  title. 

Sect.  25.  Where  a  person  having  sold  goods  continues  in  pos- 
session of  the  goods,  or  of  negotiable  documents  of  title  to  the 
goods,  the  delivery  or  transfer  by  that  person,  or  by  an  agent  act- 
ing for  him,  of  the  goods  or  documents  of  title  under  any  sale, 
pledge,  or  other  disposition  thereof,  to  any  person  receiving  and 
paying  value  for  the  same  in  good  faith  and  without  notice  of  the 
previous  sale,  shall  have  the  same  effect  as  if  the  person  making 
the  delivery  or  transfer  were  expressly  authorized  by  the  owner 
of  the  goods  to  make  the  same. 

Sect.  26.  Where  a  person  having  sold  goods  continues  in  pos- 
session of  the  goods,  or  of  negotiable  documents  of  title  to  the  goods, 
and  such  retention  of  possession  is  fraudulent  in  fact  or  is  deemed 
fraudulent  under  any  rule  of  law,  a  creditor  or  creditors  of  the 
seller  may  treat  the  sale  as  void. 

Sect.  27.  A  document  of  title '  in  which  it  is  stated  that  the 
goods  referred  to  therein  will  be  delivered  to  the  bearer,  or  to  the 
order  of  any  person  named  in  such  document  is  a  negotiable  docu- 
ment of  title. 

Sect.  28.  A  negotiable  document  of  title  may  be  negotiated 
by  delivery : 

n)  Where  by  the  terms  of  the  document  the  carrier,  ware- 
houseman, or  other  bailee  issuing  the  same  undertakes  to  deliver 
the  goods  to  the  bearer;  or 


1923]  Chapter  122.  153 

(2)  "Where  by  the  terms  of  the  document  the  carrier,  warehouse- 
man, or  other  bailee  issuing  the  same  undertakes  to  deliver  the 
goods  to  the  order  of  a  specified  person,  and  such  person  or  a 
subsequent  indorsee  of  the  document  has  indorsed  it  in  blank  or 
to  bearer. 

Where  by  the  terms  of  a  negotiable  document  of  title  the  goods 
are  deliverable  to  bearer  or  where  a  negotiable  document  of  title 
has  been  indorsed  in  blank  or  to  bearer,  any  holder  may  indorse  the 
same  to  himself  or  to  any  other  specified  person,  and  in  such  case 
the  document  shall  thereafter  be  negotiated  only  by  the  indorse- 
ment of  such  indorsee. 

Sect.  29.     A  negotiable  document  of  title  may  be  negotiated  \>j?otiabie  docu- 

^  ■_  ment  of  title,  how 

by  the  indorsement  of  the  person  to  whose  order  the  goods  are  by  negotiated. 
the  terms  of  the  document  deliverable.     Such  indorsement  may  be   °"°  ""^^  ' 
in  blank  to  bearer,  or  to  a  specified  person.     If  indorsed  to  a  speci- 
fied person  it  may  be  again  negotiated  by  the  indorsement  of  such 
'person  in  blank,  to  bearer  or  to  another  specified  person.     Subse- 
quent negotiation  may  be  made  in  like  manner. 

Sect.  30.     If  a  document  of  title  which  contains  an  undertaking  Eflfect  of  words 
by  a  carrier,  warehouseman,  or  other  bailee  to  deliver  the  goods  to  "nonne- 
the  bearer,  to  a  specified  person  or  order,  or  to  the  order  of  a  ^°  '^ 
specified  person,  or  which  contains  words  of  like  import,  has  placed 
upon  it  the  words  "not  negotiable,"  "non-negotiable"  or  the  like, 
such  a  document  may  nevertheless  be  negotiated  by  the  holder  and 
is  a  negotiable  document  of  title  within  the  meaning  of  this  act. 
But  nothing  in  this  act  contained  shall  be  construed  as  limiting,  or 
defining  the  effect  upon  the  obligations  of  the  carrier,  warehouse- 
man, or  other  bailee  issuing  a  document  of  title  of  placing  thereon 
the  words  ' '  not  negotiable  "  "  non-negotiable, ' '  or  the  like. 

Sect.  31.     A  document  of  title  which  is  not  in  such  form  that  rranTer"of°^y"^' 
it  can  be  negotiated  by  delivery  may  be  transferred  by  the  holder  ^legltmiaieTocu- 
by  delivery  to  a  purchaser  or  donee.     A  non-negotiable  document  ments. 
cannot  be  negotiated  and  the  indorsement  of  such  a   document 
gives  the  transferee  no  additional  right. 

Sect.  32.     A  negotiable  document  of  title  may  be  negotiated :      Sf  S'^iSV 

(1)  By  the  owner  thereof;  or  '''^'""f.  J^^y  ^« 

^     ^         •'  '  _  negotiated. 

(2)  By  any  person  to  whom  the  possession  or  custody  of  the 
document  has  been  entrusted  bv  the  owner,  if,  by  the  terms  of  the 
document  the  bailee  issuing  the  document  undertakes  to  deliver 
the  goods  to  the  order  of  the  person  to  whom  the  possession  or 
custody  of  the  document  has  been  entrusted,  or  if  at  the  time  of 
such  entrusting  the  document  is  in  such  form  that  it  may  be  ne- 
gotiated by  delivery. 

Sect.  33.     A  person  to  whom  a  negotiable  document  of  title  has  Negotiable  docu- 

/  .  "  ment    of    title, 

been  duly  negotiated  acquires  thereby:  title  of  person 

(1)   Such  title  to  the  goods  as  the  person  negotiating  the  docu- has  been  duly 
ment  to  him  had  or  had  ability  to  convey  to  a  purchaser  in  good  "^^sotiated. 


154 


Chapter  122. 


[1923 


Transfer  without 
negotiation ;  title 
of    transferee. 


Right  of  tranis- 
feree  to  compel 
indorsement. 


Warranty  by  per- 
son  negotiating 
or   transferring 
document  of  title, 


Indorsement    of 
document  of  title. 


faith  for  value,  and  also  such  title  to  the  goods  as  the  person  to 
vv^hose  order  the  goods  were  to  be  delivered  by  the  terms  of  the 
document  had  or  had  ability  to  convey  to  a  purchaser  in  good 
faith  for  value;  and 

(2)  The  direct  obligation  of  the  bailee  issuing  the  document  to 
hold  possession  of  the  goods  for  him  according  to  the  terms  of  the 
document  as  fully  as  if  such  bailee  had  contracted  directly  with 
him. 

Sect.  34.  A  person  to  whom  a  document  of  title  has  been  trans- 
ferred, but  not  negotiated,  acquires  thereby,  as  against  the  trans- 
feror, the  title  to  the  goods,  subject  to  the  terms  of  any  agreement 
with  the  transferor. 

If  the  document  is  non-negotiable  such  person  also  acquires  the 
right  to  notify  the  bailee  who  issued  the  document  of  the  transfer 
thereof,  and  thereby  to  acquire  the  direct  obligation  of  such  bailee 
to  hold  possession  of  the  goods  for  him  according  to  the  terms  of 
the  document. 

Prior  to  the  notification  of  such  bailee  by  the  transferor  or  trans- 
feree of  a  non-negotiable  document  of  title,  the  title  of  the  trans- 
feree to  the  goods  and  the  right  to  acquire  the  obligation  of  such 
bailee  may  be  defeated  by  the  levy  of  an  attachment  or  execution 
upon  the  goods  by  a  creditor  of  the  transferor,  or  by  a  notification 
to  such  bailee  by  the  transferor  or  a  subsequent  purchaser  from 
the  transferor  of  a  subsequent  sale  of  the  goods  by  the  transferor. 

Sect.  35.  "Where  a  negotiable  document  of  title  is  transferred 
for  value  by  delivery,  and  the  indorsement  of  the  transferor  is 
essential  for  negotiation,  the  transferee  acquires  a  right  against 
the  transferor  to  compel  him  to  indorse  the  document  unless  a 
contrary  intention  appears.  The  negotiation  shall  take  effect  as 
of  the  time  when  the  indorsement  is  actually  made. 

Sect.  36.  A  person  who  for  value  negotiates  or  transfers  a 
document  of  title  by  indorsement  or  delivery,  including  one  who 
assigns  for  value  a  claim  secured  by  a  document  of  title  unless  a 
contrary  intention  appears,  warrants: 

(1)  That  the  document  is  genuine; 

(2)  That  he  has  a  legal  right  to  negotiate  or  transfer  it; 

(3)  That  he  has  knowledge  of  no  fact  which  would  impair  the 
validity  or  worth  of  the  document ;  and 

(4)  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  con- 
tract of  the  parties  had  been  to  transfer  without  a  document  of 
title  the  goods  represented  thereby. 

Sect.  37.  The  indorsement  of  a  document  of  title  shall  not  make 
the  indorser  liable  for  any  failure  on  the  part  of  the  bailee  who 
issued  the  document  or  previous  indorsers  thereof  to  fulfill  their 
respective  obligations. 


1923]  Chapter  122.  155 

Sect.  38,     The  validity  of  the  negotiation  of  a  negotiable  docu-  Tuie  of  bona  fide 
iiient  of  title  is  not  impaired  by  the  fact  that  the  negotiation  was  of  negotiable  ^^ 
a  breach  of  duty  on  the  part  of  the  person  making  tl^e  negotiation,  fiti7Ts^°not°^ 
or  by  the  fact  that  the  owner  of  the  document  was  induced  by  ii'^^eacT  of'^^duty 
fraud,   mistake,   or   duress  to   entrust  the   possession  or   custody  f^aud.  etc 
thereof  to  such  person,  if  the  person  to  whom  the  document  was 
negotiated  or  a  person  to  whom  the  document  was  subsequently 
negotiated  paid  value  therefor,  without  notice  of  the  breach  of 
duty,  or  fraud,  mistake,  or  duress. 

Sect.  39.  If  goods  are  delivered  to  a  bailee  by  the  owner  or  Rights  of  bailee. 
by  a  person  whose  act  in  conveying  the  title  to  them  to  a  pur- 
chaser in  good  faith  for  value  would  bind  the  owner  and  a  negotiable 
document  of  title  is  issued  for  them  they  cannot  thereafter,  while 
in  the  possession  of  such  bailee,  be  attached  by  garnishment  or 
otherwise  or  be  levied  upon  under  an  execution  unless  the  docu- 
ment be  first  surrendered  to  the  bailee  or  its  negotiation  enjoined. 
The  bailee  shall  in  no  case  be  compelled  to  deliver  up  the  actual 
possession  of  the  goods  until  the  document  is  surrendered  to  him 
or  impounded  by  the  court. 

Sect.  40.     A  creditor  whose  debtor  is  the  owner  of  a  negotiable  Reiiiedies  of 
document  of  title  shall  be  entitled  to  such  aid  from  courts  of  ap-  debtor  "^is^w&er 
propriate  jurisdiction  by  injunction  and  otherwise   in  attaching  ^og,j'J^|°t'^^f® 
such  document  or  in  satisfying  the  claim  by  means  thereof  as  is  *^^'«- 
allowed  at  law  or  in  equity  in  regard  to  property  which  can  not 
readily  be  attached  or  levied  upon  by  ordinary  legal  process. 

Part  III. 

performance  op  the  contract. 

Sect.  41.     It  is  the  duty  of  the  seller  to  deliver  the  goods,  and  Duty  of  seUer; 
of  the  buyer  to  accept  and  pay  for  them,  in  accordance  with  the  °     ^^^^' 
terms  of  the  contract  to  sell  or  sale. 

Sect.  42.     Unless  otherwise  agreed,  delivery  of  the  goods  and  Delivery  and 

.'  °  payment;   concur- 

payment  oi  the  price  are  concurrent  conditions,  that  is  to  say,  rent  conditions. 
the  seller  must  be  ready  and  willing  to  give  possession  of  the  goods 
to  the  buyer  in  exchange  for  the  price  and  the  buyer  must  be 
ready  and  willing  to  pay  the  price  in  exchange  for  possession  of 
the  goods. 

Sect.  43.     (1)  Whether  it  is  for  the  buyer  to  take  possession  Delivery,  place 
of  the  goods  or  for  the  seller  to  send  them  to  the  buyer,  is  a  ques-  demand  or 
tion  depending  in  each  case  on  the  contract,  express  or  implied,  ^^'^^^^  °^  delivery. 
between  the  parties.     Apart  from  any  such  contract,  express  or 
implied,  or  usage  of  trade  to  the  contrary,  the  place  of  delivery  is 
the  seller's  place  of  business,  if  he  have  one,  and  if  not  his  residence  ; 
but  in  case  of  a  contract  to  sell  or  a  sale  of  specific  goods,  which 
to  the  knowledge  of  the  parties  when  the  contract  or  the  sale  was 


156  Chapter  122!  [1923 

made  were  in  some  other  place,  then  that  place  is  the  place  of 
delivery. 

(2)  Where  by  a  contract  to  sell  or  a  sale  the  seller  is  bound  to 
send  the  goods  to  the  buyer,  but  no  time  for  sending  them  is  fixed, 
the  seller  is  bound  to  send  them  within  a  reasonable  time. 

(3)  Where  the  goods  at  the  time  of  sale  are  in  the  possession  of 
a  third  person,  the  seller  has  not  fulfilled  his  obligation  to  deliver 
to  the  buyer  unless  and  until  such  third  person  acknowledges  to 
the  buyer  that  he  holds  the  goods  on  the  buyer's  behalf;  but  as 
'against  all  others  than  the  seller  the  buyer  shall  be  regarded  as 
having  received  delivery  from  the  time  when  such  third  person  first 
has  notice  of  the  sale.  Nothing  in  this  section,  however,  shall 
affect  the  operation  of  the  issue  or  transfer  of  any  document  of 
title  to  goods. 

(4)  Demand  or  tender  of  delivery  may  be  treated  as  ineffectual 
unless  made  at  a  reasonable  hour.  What  is  a  reasonable  hour  is  a 
question  of  fact. 

(5)  Unless  otherwise  agreed,  the  expenses  of  and  incidental  to 
putting  the  goods  into  a  deliverable  state  must  be  borne  by  the 
seller. 

Partial  delivery,        Sect.  44.     (1)  Where  the  Seller  delivers  to  the  buyer  a  quantity 

ity  for  goods  re-  of  goods  Icss  than  he  Contracted  to  sell,  the  buyer  may  reject 

deHvCTy''^of''Yood's  them,  but  if  the  buyer  accepts  or  retains  the  goods  so  delivered, 

tractT^goods  *'°'^' knowiug  that  the  seller  is  not  going  to  perform  the  contract  in 

nof^MnTra^ted*°*^^  ^^^^^'  ^^  must  pay  for  them  at  the  contract  rate.     If,  however,  the 

for.  buyer  has  used  or  disposed  of  the  goods  delivered  before  he  knows 

that  the  seller  is  not  going  to  perform  his  contract  in  full,  the 

buyer  shall  not  be  liable  for  more  than  the  fair  value  to  him  of  the 

goods  so  received. 

(2)  Where  the  seller  delivers  to  the  buyer  a  quantity  of  goods 
larger  than  he  contracted  to  sell,  the  buyer  may  accept  the  goods 
included  in  the  contract  and  reject  the  rest,  or  he  may  reject  the 
whole.  If  the  buyer  accepts  the  whole  of  the  goods  so  delivered  he 
must  pay  for  them  at  the  contract  rate. 

(3)  Where  the  seller  delivers  to  the  buyer  the  goods  he  con- 
tracted to  sell  mixed  with  goods  of  a  different  description  not  in- 
cluded in  the  contract,  the  buyer  may  accept  the  goods  which  are 
in  accordance  with  the  contract  and  reject  the  rest,  or  he  may 
reject  the  whole. 

(4)  The  provisions  of  this  section  are  subject  to  any  usage  of 
trade,  special  agreement,  or  course  of  dealing  between  the  parties. 

Delivery  by  in-         Sect.  45.     (1)  Unlcss  otherwise  agreed,  the  buyer  of  goods  is 
not  bound  to  accept  delivery  thereof  by  installments. 

(2)  Where  there  is  a  contract  to  sell  goods  to  be  delivered  by 
stated  installments,  which  are  to  be  separately  paid  for,  and  the 
seller  makes  defective  deliveries  in  respect  of  one  or  more  install- 
ments, or  the  buyer  neglects  or  refuses  to  take  delivery  of  or  pay 


1923]  Chapter  122.  •  157 

for  one  or  more  installments,  it  depends  in  each  case  on  the  terms 
of  the  contract  and  the  circumstances  of  the  ease,  whether  the 
breach  of  contract  is  so  material  as  to  justify  the  injured  party  in 
refusing  to  proceed  further  and  suing  for  damages  for  breach  of 
the  entire  contract,  or  whether  the  breach  is  severable,  giving  rise 
to  a  claim  for  compensation,  but  not  to  a  right  to  treat  the  whole 
contract  as  broken. 

Sect.  46.     (1)  "Where,  in  pursuance  of  a  contract  to  sell  or  a  Delivery  to  car- 
sale,  the  seller  is  authorized  or  required  to  send  the  goods  to  the  ^'®'"- 
buyer,  delivery  of  the  goods  to  a  carrier,  whether  named  by  the 
buyer  or  not,  for  the  purpose  of  transmission  to  the  buyer  is  deemed 
to  be  a  delivery  of  the  goods  to  the  buyer,  except  in  the  cases  pro- 
vided for  in  section  19,  rule  5,  or  unless  a  contrary  intent  appears. 

(2)  Unless  otherwise  authorized  by  the  buyer,  the  seller  must 
make  such  contract  with  the  carrier  on  behalf  of  the  buyer  as 
may  be  reasonable,  having  regard  to  the  nature  of  the  goods  and 
the  other  circumstances  of  the  case.  If  the  seller  omit  so  to  do, 
and  the  goods  are  lost  or  damaged  in  course  of  transit,  the  buyer 
may  decline  to  treat  the  delivery  to  the  carrier  as  a  delivery  to 
himself,  or  may  hold  the  seller  responsible  in  damages. 

(3)  Unless  otherwise  agreed,  where  goods  are  sent  by  the  seller 
to  the  buyer  under  circumstances  in  which  the  seller  knows  or 
ought  to  know  that  it  is  usual  to  insure,  the  seller  must  give  such 
notice  to  the  buyer  as  may  enable  him  to  insure  them  during  their 
transit,  and,  if  the  seller  fails  to  do  so,  the  goods  shall  be  deemed 
to  be  at  his  risk  during  such  transit. 

Sect.  47.     (1)  Where  goods  are  delivered  to  the  buyer,  which  Delivery  to  buyer; 
he  has  not  previously  examined,  he  is  not  deemed  to  have  accepted  examination.  °^ 
them  unless  and  until  he  has  had  a  reasonable  opportunity   of 
examining  them  for  the  purpose  of  ascertaining  whether  they  are 
in  conformity  with  the  contract. 

(2)  Unless  otherwise  agreed,  when  the  seller  tenders  delivery 
of  goods  to  the  buyer,  he  is  bound,  on  request,  to  afford  the  buyer 
a  reasonable  opportunity  of  examining  the  goods  for  the  purpose 
of  ascertaining  whether  they  are  in  conformity  with  the  contract. 

(3)  "Where  goods  are  delivered  to  a  carrier  by  the  seller,  in 
accordance  with  an  order  from  or  agreement  with  the  buyer,  upon 
the  terms  that  the  goods  shall  not  be  delivered  by  the  carrier  to  the 
buyer  until  he  has  paid  the  price,  whether  such  terms  are  indicated 
by  marking  the  goods  with  the  words  ''collect  on  delivery,"  or 
otherwise,  the  buyer  is  not  entitled  to  examine  the  goods  before 
payment  of  the  price  in  the  absence  of  agreement  permitting  such 
examination. 

Sect.  48.     The  buyer  is  deemed  to  have  accepted  the  goods  when  Acieptance  of 
he  intimates  to  the  seller  that  he  has  accepted  them,  or  when  the  ^°^ 
goods  have  been  delivered  to  him,  and  he  does  any  act  in  relation 
to  them  which  is  inconsistent  with  the  ownership  of  the  seller,  or 


158 


Chapter  122. 


[1923 


Acceptance   of 
goods,   effect  of, 
upon   liability 
for  breach  of 
promise  or  war- 
ranty. 


Refusal  to  accept 
notice  thereof  to 
seller. 


Delivery  to  buyer 
request   to   take 
delivery   and 
/efusal   to   com- 
ply  therewith. 


when,  after  the  lapse  of  a  reasonable  time,  he  retains  the  goods  with- 
out intimating  to  the  seller  that  he  has  rejected  them. 

Sect.  49.  In  the  absence  of  express  or  implied  agreement  of 
the  parties,  acceptance  of  the  goods  by  the  buyer  shall  not  dis- 
charge the  seller  from  liability  in  da-mages  or  other  legal  remedy 
for  breach  of  any  promise  or  warranty  in  the  contract  to  sell  or  the 
sale.  But,  if,  after  acceptance  of  the  goods,  the  buyer  fails  to 
give  notice  to  the  seller  of  the  breach  of  any  promise  or  warranty 
within  a  reasonable  time  after  the  buyer  knows,  or  ought  to  know 
of  such  breach,  the  seller  shall  not  be  liable  therefor. 

Sect.  50.  Unless  otherwise  agreed,  where  goods  are  delivered 
to  the  buyer,  and  he  refuses  to  accept  them,  having  the  right  so  to 
do,  he  is  not  bound  to  return  them  to  the  seller,  but  it  is  sufficient 
if  he  notifies  the  seller  that  he  refuses  to  accept  them. 

Sect.  51.  When  the  seller  is  ready  and  willing  to  deliver  the 
goods,  and  requests  the  buyer  to  take  delivery  and  the  buyer  does 
not  within  a  reasonable  time  after  such  request  take  delivery  of  the 
goods,  he  is  liable  to  the  seller  for  any  loss  occasioned  by  his 
neglect  or  refusal  to  take  delivery,  and  also  for  a  reasonable  charge 
for  the  care  and  custody  of  the  goods.  If  the  neglect  or  refusal 
of  the  buyer  to  take  delivery  amounts  to  a  repudiation  or  breach 
of  the  entire  contract,  the  seller  shall  have  the  rights  against  the 
goods  and  on  the  contract  hereinafter  provided  in  favor  of  the 
seller  when  the  buyer  is  in  default. 


Part  IV. 


RIGHTS  OF  UNPAID  SELLER  AGAINST  THE  GOODS. 


Lien  of  unpaid 
seller;  unpaid 
seller    defined. 


Lien  of  unpaid 
seller    (contin- 
ued) ;    stoppage 
in    transitu; 
resale ;   rescission 
withholding   de- 
livery. 


Sect.  52.  (1)  The  seller  of  goods  is  deemed  to  be  an  unpaid 
seller  within  the  meaning  of  this  act : 

(a)  "When  the  whole  of  the  price  has  not  been  paid  or  tendered. 

(h)  When  a  bill  of  exchange  or  other  negotiable  instrument  has 
been  received  as  conditional  payment,  and  the  condition  on  which 
it  was  received  has  been  broken  by  reason  of  the  dishonor  of  the 
instrument,  the  insolvency  of  the  buyer,  or  otherwise. 

(2)  In  this  part  of  this  act  the  term  "seller"  includes  an  agent 
of  the  seller  to  whom  the  bill  of  lading  has  been  endorsed,  or  a 
consignor  or  agent  who  has  himself  paid,  or  is  directly  responsible 
for,  the  price,  or  any  other  person  who  is  in  the  position  of  a  seller. 

Sect.  53.  (1)  Subject  to  the  provisions  of  this  act,  notwith- 
standing that  the  property  in  the  goods  may  have  passed  to  the 
buyer,  the  unpaid  seller  of  goods,  as  such,  has : 

(a)  A  lien  on  the  goods  or  right  to  retain  them  for  the  price 
while  he  is  in  possession  of  them. 

(&)  In  ease  of  the  insolvency  of  the  buyer,  a  right  of  stopping 


1923]  Chapter  122.  159 

the  goods  in  transitu  after  he  has  parted  with  the  possession  of 
them. 

(c)  A  right  of  resale  as  limited  by  this  act. 

(d)  A  right  to  rescind  the  sale  as  limited  by  this  act. 

(2)  Where  the  property  in  goods  has  not  passed  to  the  buyer, 
the  unpaid  seller  has,  in  addition  to  his  other  remedies,  a  right 
of  withholding  delivery  similar  to  and  co-extensive  with  his  rights 
of  lien  and  stoppage  "in  transitu"  where  the  property  has  passed 
to  the  buyer. 

UNPAID    seller's    LIEN. 

Sect.  54.     (1)   Subject  to  the  provisions  of  this  act,  the  un- Lien  of  unpaid 
paid  seller  of  goods  who  is  in  possession  of  them  is  entitled  to  tfn^^ed)°°" 
retain  possession  of  them  until  payment  or  tender  of  the  price  in 
the  following  cases,  namely: 

(a)  Where  the  goods  have  been  sold  without  any  stipulation  as 
to  credit. 

(6)  Where  the  goods  have  been  sold  on  credit,  but  the  term  of 
credit  has  expired. 

(c)  Where  the  buyer  becomes  insolvent. 

(2)  The  seller  may  exercise  his  right  of  lien  notwithstanding 
that  he  is  in  possession  of  the  goods  as  agent  or  bailee  for  the 
buyer. 

Sect.  55.     Where  an  unpaid  seller  has  made  part  delivery  of  Lien  on  re- 

,1  ji  •i--iij?T  .1  •!  1  mainder,   where 

the  goods,  he  may  exercise  his  right  of  lien  on  the  remainder,  unless  part   delivery 
such  part  delivery  has  been  made  under  such  circumstances  as  to  ™^*^®' 
show  an  intent  to  waive  the  lien  or  right  of  retention. 

Sect.  56.     (1)   The  unpaid  seller  of  goods  loses  his  lien  thereon:  Lien  of  unpaid 

(a)  When  he  delivers  the  goods  to  a  carrier  or  other  bailee  for  *^  ^'^'    °^  °^ ' 
the  purpose  of  transmission  to  the  buyer  without  reserving  the 
property  in  the  goods  or  the  right  to  the  possession  thereof. 

(&)  When  the  buyer  or  his  agent  lawfully  obtains  possession  of 
the  goods. 

(c)  By  waiver  thereof. 

(2)  The  unpaid  seller  of  goods,  having  a  lien  thereon,  does  not 
lose  his  lien  by  reason  only  that  he  has  obtained  judgment  or  de- 
cree for  the  price  of  the  goods. 

STOPPAGE  IN   TRANSITU. 

Sect.  57.     Subject  to  the  provisions  of  this  act,  when  the  buyer  stoppage  m 
of  goods  is  or  becomes  insolvent,  the  unpaid  seller  who  has  parted  ''""***"• 
with  the  possession  of  the  goods  has  the  right  of  stopping  them  in 
transitu,  that  is  to  say,  he  may  resume  possession  of  the  goods  at 
any  time  while  they  are  in  transit,  and  he  will  then  become  en- 


160 


Chapter  122. 


[1923 


"Goods    in 
transit"  defined. 


Stoppage  in 
transitu,   right 
how    exercised. 


titled  to  the  same  rights  in  regard  to  the  goods  as  he  would  Lave 
had  if  he  had  never  parted  with  the  possession. 

Sect.  58.  (1)  Goods  are  in  transit  within  the  meaning  of 
section  57 : 

(a)  From  the  time  when  they  are  delivered  to  a  carrier  by  land 
or  water,  or  other  bailee  for  the  purpose  of  transmission  to  the 
buyer,  until  the  buyer,  or  his  agent  in  that  behalf,  takes  delivery 
of  them  from  such  carrier  or  other  bailee ; 

(6)  If  the  goods  are  rejected  by  the  buyer,  and  the  carrier  or 
other  bailee  continues  in  possession  of  them,  even  if  the  seller  has 
refused  to  receive  them  back. 

(2)  Goods  are  no  longer  in  transit  within  the  meaning  of  sec- 
tion 57: 

(a)  If  the  buyer,  or  his  agent  in  that  behalf,  obtains  delivery 
of  the  goods  before  their  arrival  at  the  appointed  destination; 

(&)  If,  after  the  arrival  of  the  goods  at  the  appointed  destina- 
tion, the  carrier  or  other  bailee  acknowledges  to  the  buyer  or  his 
agent,  that  he  holds  the  goods  on  his  behalf  and  continues  in  pos- 
session of  them  as  bailee  for  the  buyer,  or  his  agent;  and  it  is 
immaterial  that  a  further  destination  for  the  goods  may  have  been 
indicated  by  the  buyer; 

(c)  If  the  carrier  or  other  bailee  wrongfully  refuses  to  deliver 
the  goods  to  the  buyer,  or  his  agent  in  that  behalf. 

(3)  If  goods  are  delivered  to  a  ship  chartered  by  the  buyer, 
it  is  a  question  depending  on  the  circumstances  of  the  particular 
case,  whether  they  are  in  the  possession  of  the  master  as  a  carrier, 
or  as  agent  of  the  buyer. 

(4)  If  part  delivery  of  the  goods  has  been  made  to  the  buyer, 
or  his  agent  in  that  behalf,  the  remainder  of  the  goods  may  be 
stopped  in  transitu,  unless  such  part  delivery  has  been  made  under 
such  circumstances  as  to  show  an  agreement  with  the  buyer  to 
give  up  possession  of  the  whole  of  the  goods. 

Sect.  59.  (1)  The  unpaid  seller  may  exercise  his  right  of 
stoppage  in  transitu  either  by  obtaining  actual  possession  of  the 
goods,  or  by  giving  notice  of  his  claim  to  the  carrier  or  other 
bailee  in  whose  possession  the  goods  are.  Such  notice  may  be  given 
either  to  the  person  in  actual  possession  of  the  goods  or  to  his  prin- 
cipal. In  the  latter  case  the  notice,  to  be  effectual,  must  be  given 
at  such  time  and  under  such  circumstances  that  the  principal,  by 
the  exercise  of  reasonable  diligence,  may  prevent  a  delivery  to  the 
buyer. 

(2)  When  notice  of  stoppage  in  transitu  is  given  by  the  seller 
to  the  carrier,  or  other  bailee  in  possession  of  the  goods,  he  must 
redeliver  the  goods  to,  or  according  to  the  directions  of,  the 
seller.  The  expenses  of  such  redelivery  must  be  borne  by  the 
seller.     If,  however,  a  negotiable  document  of  title  representing 


1923]  Chapter  122.  161 

the  goods  has  been  issued  by  the  carrier  or  other  bailee,  he  shall 
not  be  obliged  to  deliver  or  justified  in  delivering  the  goods  to  the 
seller  unless  such  document  is  first  surrendered  for  cancellation. 

RESALE  BY  THE  SELLER. 

Sect.  60.  (1)  Where  the  goods  are  of  a  perishable  nature,  or  Resale  by  seller. 
where  the  seller  expressly  reserves  the  right  of  resale  in  case  the 
buyer  should  make  default,  or  where  the  buyer  has  been  in  default 
in  the  payment  of  the  price  an  unreasonable  time,  an  unpaid  seller 
having  a  right  of  lien  or  having  stopped  the  goods  in  transitu  may 
resell  the  goods.  He  shall  not  thereafter  be  liable  to  the  original 
buyer  upon  the  contract  to  sell  or  the  sale  or  for  any  profit  made 
by  such  resale,  but  may  recover  from  the  buyer  damages  for  any 
loss  occasioned  by  the  breach  of  the  contract  or  the  sale. 

(2)  Where  a  resale  is  made,  as  authorized  in  this  section,  the 
buyer  acquires  a  good  title  as  against  the  original  buyer. 

(3)  It  is  not  essential  to  the  validity  of  a  resale  that  notice 
of  an  intention  to  resell  the  goods  be  given  by  the  seller  to  the 
original  buyer.  But  where  the  right  to  resell  is  not  based  on  the 
perishable  nature  of  the  goods  or  upon  an  express  provision  of  the 
contract  or  the  sale,  the  giving  or  failure  to  give  such  notice  shall 
be  relevant  in  any  issue  involving  the  question  whether  the  buyer 
had  been  in  default  an  unreasonable  time  before  the  resale  was 
made. 

(4)  It  is  not  essential  to  the  validity  of  a  resale  that  notice  of 
the  time  and  place  of  such  resale  should  be  given  by  the  seller  to 
the  original  buyer. 

(5)  The  seller  is  bound  to  exercise  reasonable  care  and  judg- 
ment in  making  a  resale,  and  subject  to  this  requirement  may  make 
a  resale  either  by  public  or  private  sale. 

RESCISSION    BY   THE   SELLER. 

Sect.  61.  (1)  An  unpaid  seller  having  a  right  of  lien  or  hav- Rescission  by 
ing  stopped  the  goods  in  transitu,  may  rescind  the  transfer  of  title  ''''"'''■• 
and  resume  the  property  in  the  goods,  where  he  expressly  reserved 
the  right  to  do  so  in  case  the  buyer  should  make  default,  or  where 
the  buyer  has  been  in  default  in  the  payment  of  the  price  an  un- 
reasonable time.  The  seller  shall  not  thereafter  be  liable  to  the 
buyer  upon  the  contract  to  sell  or  the  sale,  but  may  recover  from 
the  buyer  damages  for  any  loss  occasioned  by  the  broach  of  the 
contract  or  the  sale. 

(2)   The  transfer  of  title  shall  not  be  held  to  have  been  rescinded 
by  an  unpaid  seller  until  he  has  manifested  by  notice  to  the  Iniyer 
or  by  some  other  overt  act  an  intention  to  rescind.    It  is  not  neees- 
11 


162  Chapter  122.  [1923 

sary  that  such  overt  act  should  be  communicated  to  the  buyer,  but 

the  giving  or  failure  to  give  notice  to  the  buyer  of  the  intention  to 

rescind  shall  be  relevant  in  any  issue  involving  the  question  whether 

the  buyer  had  been  in  default  an  unreasonable  time  before  the  right 

of  rescission  was  asserted. 

Rights  of  lien  Sect.  62.     Subject   to   the   provisions  of  this   act,   the  unpaid 

tranJtu^no^li-"   Seller's  right  of  lien  or  stoppage  in  transitu  is  not  affected  by  any 

s^ood*^  i!T buyer"*  sale,  Or  othcr  disposition  of  the  goods  which  the  buyer  may  have 

i'bie''documen°t**of  ^^^^^®'  uulcss  the  Seller  has  assented  thereto. 

''*'e-  If,  however,  a  negotiable  document  of  title  has  been  issued  for 

goods,  no  seller's  lien  or  right  of  stoppage  in  transitu  shall  defeat 
the  right  of  any  purchaser  for  value  in  good  faith  to  whom  such 
document  has  been  negotiated,  whether  such  negotiation  be  prior 
or  subsequent  to  the  notification  to  the  carrier  or  other  bailee  who 
issued  such  document,  of  the  seller's  claim  to  a  lien  or  right  of 
stoppage  in  transitu. 

Paet  V. 

ACTIONS  FOR  BREACH  OF  THE  CONTRACT. 

Remedies  of  the  Seller. 

Seller's  action  for       Sect.  63.     (1)   Where,  under  a  contract  to  sell  or  a  sale,  the 

t'ra^t!^when°'J)rop-  property  iu  the  goods  has  passed  to  the  buyer,  and  the  buyer 

erty   has   passed,  wrougf ully  ucglccts  or  rcf uses  to  pay   for  the   goods  according 

to  the  terms  of  the  contract  or  the  sale,  the  seller  may  maintain 

an  action  against  him  for  the  price  of  the  goods. 

(2)  Where,  under  a  contract  to  sell  or  a  sale,  the  price  is 
payable  on  a  day  certain,  irrespective  of  delivery  or  of  transfer  of 
title,  and  the  buyer  wrongfully  neglects  or  refuses  to  pay  such 
price,  the  seller  may  maintain  an  action  for  the  price,  although 
the  property  in  the  goods  has  not  passed,  and  the  goods  have  not 
been  appropriated  to  the  contract.  But  it  shall  be  a  defense  to 
such  an  action  that  the  seller  at  any  time  before  judgment  in  such 
action  has  manifested  an  inability  to  perform  the  contract  or  the 
sale  on  his  part  or  an  intention  not  to  perform  it. 

(3)  Although  the  property  in  the  goods  has  not  passed,  if  they 
can  not  readily  be  resold  for  a  reasonable  price,  and  if  the  pro- 
visions of  section  64  (4)  are  not  applicable,  the  seller  may  offer 
to  deliver  the  goods  to  the  buyer,  and,  if  the  buyer  refuses  to  re- 
ceive them,  may  notify  the  buyer  that  the  goods  are  thereafter 
held  by  the  seller  as  bailee  for  the  buyer.  Thereafter  the  seller 
may  treat  the  goods  as  the  buyer's  and  may  maintain  an  action  for 
the  price. 

Seller's  action  Sect.  64.     (1)  Where  the  buyer  wa-ongfully  neglects  or  refuses 

contS'^whele     to  accept  and  pay  for  the  goods,  the  seller  may  maintain  an  action 
800^6?*!  and^pTy.  *°  agaiust  him  for  damages  for  non-acceptance. 


1923]  Phapter  122.  163 

(2)  The  measure  of  damages  is  the  estimated  loss  directly  and 
naturally  resulting,  in  the  ordinary  course  of  events,  from  the 
buyer's  breach  of  contract. 

(3)  Where  there  is  an  available  market  for  the  goods  in  ques- 
tion, the  measure  of  damages  is,  in  the  absence  of  special  circum- 
stances, showing  proximate  damage  of  a  greater  amount,  the  dif- 
ference between  the  contract  price  and  the  market  or  current  price 
at  the  time  or  times  when  the  goods  ought  to  have  been  accepted, 
or,  if  no  time  was  fixed  for  acceptance,  then  at  the  time  of  the  re- 
fusal to  accept. 

(4)  If,  while  labor  or  expense  of  material  amount  are  necessary 
on  the  part  of  the  seller  to  enable  him  to  fulfill  his  obligations 
under  the  contract  to  sell  or  the  sale,  the  buyer  repudiates  the  con- 
tract or  the  sale,  or  notifies  the  seller  to  proceed  no  further  there- 
with, the  buyer  shall  be  liable  to  the  seller  for  no  greater  dam- 
ages than  the  seller  would  have  suffered  if  he  did  nothing  towards 
carrying  out  the  contract  or  the  sale  after  receiving  notice  of  the 
buyer's  repudiation  or  countermand.  The  profit  the  seller  would 
have  made  if  the  contract  or  the  sale  had  been  fully  performed 
shall  be  considered  in  estimating  such  damages. 

Sect.  65.     Where   the   goods  have   not   been   delivered   to   the  Rescission  by 
buyer,  and  the  buyer  has  repudiated  the  contract  to  sell  or  sale,  breach  °of  con^^"^  ^ 
or  has  manifested  his  inability  to  perform  his  obligations  there- 1^^^^^,  ^®^°'"®  ^^ 
under,  or  has  committed  a  material  breach  thereof,  the  seller  may 
totally  rescind  the  contract  or  the  sale  by  giving  notice  of  his 
election  so  to  do  to  the  buyer. 

Remedies  of  the  Buyer. 

Sect.  66.     Where  the  property  in  the  goods  has  passed  to  the  Remedies  of  buyer 
buyer   and   the  seller   wrongfully   neglects  or   refuses   to   deliver  pasled. ' 
the  goods,  the  buyer  may  maintain  any  action  allowed  by  law  to 
the  owner  of  goods  of  similar  kind  when  wrongfully  converted  or 
withheld. 

Sect.  67.     (1)  Where  the  property  in  the  goods  has  not  passed  Remedies  of 
to  the  buyer,  and  the  seller  wrongfully  neglects  or  refuses  to  de-  harnorpassei!'  ^ 
liver  the  goods,  the  buyer  may  maintain  an  action  against  the 
seller  for  damages  for  nondelivery. 

(2)  The  measure  of  damages  is  the  loss  directly  and  naturally 
resulting,  in  the  ordinary  course  of  events,  from  the  seller's  breach 
of  contract. 

(3)  Where  there  is  an  available  market  for  the  goods  in  question, 
the  measure  of  damages,  in  the  absence  of  special  circumstances 
showing  proximate  damages  of  a  greater  amount,  is  the  difference 
between  the  contract  price  and  the  market  or  current  price  of  the 
goods  at  the  time  or  times  when  they  ought  to  have  been  delivered, 
or,  if  no  time  was  fixed,  then  at  the  time  of  the  refusal  to  deliver. 


164 


Chapter  122. 


[1923 


Buyer's  remedy 
of    specific   per- 
formance against 
seller. 


Breach     of    war- 
ranty ; 
at    election 
buyer. 


remedies 
of 


Sect.  68.  Where  the  seller  has  broken  a  contract  to  deliver 
Bl^ecific  or  ascertained  goods,  a  court  having  the  powers  of  a  court 
of  equity  may,  if  it  thinks  fit,  on  the  application  of  the  buyer,  by 
its  judgment  or  decree  direct  that  the  contract  shall  be  performed 
specifically,  without  giving  the  seller  the  option  of  retaining  the 
goods  on  payment  of  damages.  The  judgment  or  decree  may  be 
unconditional,  or  upon  such  terms  and  conditions  as  to  damages, 
payment  of  the  price  and  otherwise,  as  to  the  court  may  seem  just. 

Sect.  69.  (1)  Where  there  is  a  breach  of  warranty  by  the 
'seller,  the  buyer  may,  at  his  election : 

(a)  Accept  or  keep  the  goods  and  set  up  against  the  seller,  the 
breach  of  warranty  by  way  of  recoupment  in  diminution  or  ex- 
tinction of  the  price; 

(h)  Accept  or  keep  the  goods  and  maintain  an  action  against 
the  seller  for  damages  for  the  breach  of  warranty; 

(c)  Refuse  to  accept  the  goods,  if  the  property  therein  has  not 
passed,  and  maintain  an  action  against  the  seller  for  damages  for 
the  breach  of  warranty ; 

(d)  Rescind  the  contract  to  sell  or  the  sale  and  refuse  to  re- 
ceive the  goods,  or  if  the  goods  have  already  been  received,  return 
them  or  offer  to  return  them  to  the  seller  and  recover  the  price  or 
any  part  thereof  which  has  been  paid. 

(2)  When  the  buyer  has  claimed  and  been  granted  a  remedy 
in  any  one  of  these  ways,  no  other  remedy  can  thereafter  be 
granted. 

(3)  Where  the  goods  have  been  delivered  to  the  buyer,  he  can 
not  rescind  the  sale  if  he  knew  of  the  breach  of  warranty  when 
he  accepted  the  goods,  or  if  he  fails  to  notify  the  seller  within  a 
reasonable  time  of  the  election  to  rescind,  or  if  he  fails  to  return 
or  to  offer  to  return  the  goods  to  the  seller  in  substantially  as  good 
condition  as  they  were  in  at  the  time  the  property  was  transferred 
to  the  buyer.  But  if  deterioration  or  injury  of  the  goods  is  due  to 
the  breach  of  warranty,  such  deterioration  or  injury  shall  not 
prevent  the  buyer  from  returning  or  offering  to  return  the  goods 
to  the  seller  and  rescinding  the  sale. 

(4)  Where  the  buyer  is  entitled  to  rescind  the  sale  and  elects 
10  do  so,  the  buyer  shall  cease  to  be  liable  for  the  price  upon  return- 
ing or  offering  to  return  the  goods.  If  the  price  or  any  part 
thereof  has  already  been  paid,  the  seller  shall  be  liable  to  repay 
so  much  thereof  as  has  been  paid,  concurrently  with  the  return  of 
the  goods,  or  immediately  after  an  offer  to  return  the  goods  in 
exchange  for  repayment  of  the  price. 

(5)  Where  the  buyer  is  entitled  to  rescind  the  sale  and  elects 
to  do  so,  if  the  seller  refuses  to  accept  an.  offer  of  the  buyer  to  re- 
turn the  goods,  the  buyer  shall  thereafter  be  deemed  to  hold  the 
goods  as  bailee  for  the  seller,  but  subject  to  a  lien  to  secure  the  re- 


1923]  -       Chapter  122.        "  165 

payment  of  any  portion  of  the  price  which  has  been  paid,  and 
with  the  remedies  for  the  enforcement  of  such  lien  allowed  to  an 
11 VI  paid  seller  by  section  53. 

(6)  The  measure  of  damages  for  breach  of  warranty  is  the  loss 
directly  and  naturally  resulting,  in  the  ordinary  course  of  events, 
from  the  breach  of  warranty. 

(7)  In  the  case  of  breach  of  warranty  of  quality,  such  loss,  in 
the  absence  of  special  circumstances  showing  proximate  damage 
of  a  greater  amount,  is  the  difference  between  the  value  of  the 
goods  at  the  time  of  delivery  to  the  buyer  and  the  value  they  would 
have  had  if  they  had  answered  to  the  warranty. 

Sect.  70.     Nothing   in   this   act   shall   affect   the   right   of   the  interest  and 

"  .  .    ^     T  .  special  damages, 

buyer  or  the  seller  to  recover  interest  or  special  damages  m  any  recovery  of; 
case  where  by  law  interest  or  special  damages  may  be  recoverable,  sideration. 
or  to  recover  money  paid  where  the  consideration  for  the  payment 
of  it  has  failed. 

Part  VI. 

INTERPRETATION. 

Sect.  71.     Where  any  right,  duty,  or  liability  would  arise  under  a  i"ipiied  con- 

,,.,..  p,  .  .,  tract;   when  may 

contract  to  sell  or  a  sale  by  implication  oi  law,  it  may  be  negatived  be  varied  by 
or  varied  by  express  agreement  or  by  the  course  of  dealing  between  me^nt!^cour^se^^of 
the  parties,  or  by  custom,  if  the  custom  be  such  as  to  bind  both  '^""''"^ """  "''**"°- 
parties  to  the  contract  or  the  sale. 

Sect.  72.     Where  any  right,  duty  or  liability  is  declared  by  Remedy  tor  vio- 
this  act,  it  may,  unless  otherwise  by  this  act  provided,  be  enforced 
by  action. 

Sect.  73.     In  any  case  not  provided  for  in  this  act,  the  rules  of  R"'«s  applicable 

,  ,  .  .       T      , .  ,       ,  ,  ,    .  .       ,  1       to   cases  not  pre- 

law and  equity,  including  the  law  merchant,  and  m  particular  the  vided  for  in  act. 

rules  relating  to  the  law  of  principal  and  agent  and  to  the  effect 

of  fraud,  misrepresentation,  duress  or  coercion,   mistake,   ])ank- 

ruptcy,   or  other  invalidating  cause,   shall  continue  to   apply  to 

contracts  to  sell  and  to  sales  of  goods. 

Sect.  74.     This  act  shall  be  so  interpreted   and  construed,   if  interpretation  tc 

^  ^  "  be  such  as  will 

possible,  as  to  effectuate  its  general  purpose  to  make  uniform  the  make  law  uni- 
law  of  those  states  which  enact  it. 

Sect.  75.     The  provisions  of  this  act  relating  to  contracts  to  Act  not  applicable 

IT  T  t  1  11  -,  .to   contracts   in- 

sell  and  to  sales  do  not  apply,  unless  so  stated,  to  any  transaction  tended  to  operate 
in  the  form  of  a  contract  to  sell  or  a  sale  which  is  intended  to  oper-  '^^  "^°^  ^*^^' 
ate  by  way  of  mortgage,  pledge,  charge,  or  other  security. 

Sect.  76.     (1)   In  this  act,  unless  the  context  or  subject  matter  ^J'^^'^*'°^gj'*^jjj 
otherwise  requires :  '*<'*• 

"Action"  includes  counterclaim,  set-off  and  suit  in  equity. 

"Buyer"  means  a  person  who  buys  or  agrees  to  buy  goods  or 
any  legal  successor  in  interest  of  such  person. 


166  Chapter  122.  [1923 

' '  Defendant ' '  includes  a  plaintiff  against  whom  a  right  of  set-off 
or  counterclaim  is  asserted. 

"Delivery"  means  voluntary  transfer  of  possession  from  one 
person  to  another. 

"Divisible  contract  to  sell  or  sale"  means  a  contract  to  sell  or 
a  sale  in  which  by  its  terms  the  price  for  a  portion  or  portions  of 
the  goods  less  than  the  whole  is  fixed  or  ascertainable  by  compu- 
tation. 

"Document  of  title  to  goods"  includes  any  bill  of  lading,  dock 
warrant,  warehouse  receipt  or  order  for  the  delivery  of  goods, 
or  any  other  document  used  in  the  ordinary  course  of  business  in 
the  sale  or  transfer  of  goods,  as  proof  of  the  possession  or  control 
of  the  goods,  or  authorizing  or  purporting  to  authorize  the  possessor 
of  the  document  to  transfer  or  receive,  either  by  indorsement  or 
by  delivery,  goods  represented  by  such  document. 

"Fault"  means  wrongful  act  or  default. 

"Fungible  goods"  mean  goods  of  which  any  unit  is  from  its 
nature  or  by  mercantile  usage  treated  as  the  equivalent  of  any 
other  unit.  ^  ' 

"Future  goods"  mean  goods  to  be  manufactured  or  acquired 
by  the  seller  after  the  making  of  the  contract  of  sale. 

"Goods"  include  all  chattels  personal  other  than  things  in 
action  and  money.  The  term  includes  emblements,  industrial 
growing  crops,  and  things  attached  to  or  forming  part  of  the 
land  which  are  agreed  to  be  severed  before  sale  or  under  the  con- 
tract of  sale. 

"Order"  in  sections  of  this  act  relating  to  documents  of  title 
means  an  order  by  indorsement  on  the  document. 

"Person"  includes  a  corporation  or  partnership  or  two  or  more 
persons  having  a  joint  or  common  interest. 

"Plaintiff"  includes  defendant  asserting  a  right  of  set-off  or 
counterclaim. 

"Property"  means  the  general  property  in  goods,  and  not 
merely  a  special  property.  ' 

"Purchaser"  includes  mortgagee  and  pledgee. 

"Purchases"  includes  taking  as  a  mortgagee  or  as  a  pledgee. 

"Quality  of  goods"  includes  their  state  or  condition. 

"Sale"  includes  a  bargain  and  sale  as  well  as  a  sale  and  delivery. 

"Seller"  means  a  person  who  sells  or  agrees  to  sell  goods  or  any 
legal  successor  in  interest  of  such  person. 

"Specific  goods"  means  goods  identified  and  agreed  upon  at  the 
time  a  contract  to  sell  or  a  sale  is  made. 

"Value"  is  any  consideration  sufficient  to  support  a  simple  con- 
tract. An  antecedent  or  pre-existing  claim,  whether  for  money 
or  not,  constitutes  value  Avhere  goods  or  documents  of  title  are  taken 
either  in  satisfaction  thereof  or  as  security  therefor. 

(2)   A  thing  is  done  "in  good  faith"  within  the  meaning  of  this 


1923] 


Chapter  123. 


167 


act  when  it  is  in  fact  done  honestly,  whether  it  be  done  negligentl> 
or  not. 

(3)  A  person  is  insolvent  within  the  meaning  of  this  act  who 
either  has  ceased  to  pay  his  debts  in  the  ordinary  course  of  busi- 
ness or  can  not  pay  his  debts  as  they  become  due,  whether  he  has 
committed  an  act  of  bankruptcy  or  not,  and  whether  he  is  in- 
solvent within  the  meaning  of  the  federal  bankruptcy  law  or  not. 

(4)  Goods  are  in  a  "deliverable  state"  Mathin  the  meaning  of 
this  act  when  they  are  in  such  a  state  that  the  buyer  would,  under 
the  contract,  be  bound  to  take  delivery  of  them. 

Sect.  77.     Section  3  of  chapter  215  of  the  Public  Statutes  and  Repealing   clause. 

all   acts  or  parts  of  acts  inconsistent  with  this   act   are  hereby 

repealed. 

Sect.  78.     This  act  shall  take  effect  on  its  passage.  pa^siy.^^"'  °° 

Sect.  79.     This  act  may  be  cited  as  the  Sales  Act.  Act  may  be  cited 


as   the   Sales   Act. 


[Approved  May  4,  1923.] 


CHAPTER   123. 

AN  ACT  TO  PROVIDE  ADDITIONAL  ACCOMMODATIONS  AT  THE  NEW 
HAMPSHIRE    STATE    HOSPITAL. 


Section 

1.  Appropriation       of       $400,000       for 

erection  of  building  for  addi- 
tional accommodations  for  dis- 
turbed and  excited  female  pa- 
tients. 

2.  Governor     authorized     to     draw     on 

.  any  money  not  otherwise  appro- 
priated and  state  treasurer  au- 
thorized to  borrow  on  bonds, 
etc.,  sufficient  money,  not  exceed- 
ing in  all  $400,000  to  carry  out 
provisions    of    act. 


Section 

3.  Governor      to      draw      warrant 

amounts  due   on  contracts. 

4.  Takes    effect    on    passage. 


for 


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


Section  1.     That,  to  provide  additional  accommodations  for  the  ■'appropriation  of 

1  T  p    .  -,  -in         $400,000     for 

care,  control  and  treatment  or  insane  persons  and  especially  for  erection  of  buiid- 
disturbed  and  excited  female  patients,  the  sum  of  four  hundred  acfonmodationT^ 
thousand  dollars  be  and  hereby  is  raised  and  appropriated  for  excittd*fema1e^".'^ 
the  purpose  of  the  erection  of  a  building  for  disturbed  and  excited  pat'^nts. 
female  patients  and  securing  therefor  the  necessary  furnishings, 
heating,  lighting,  plumbing,  water  facilities  and  fire  protection,  in 


168 


Chapter  123, 


[1923 


Governor   au- 
thorized to   draw 
on  any  money  not 
otherwise  appro- 
priated   and    state 
treasurer  author- 
ized to  borrow 
on  bonds,   etc., 
sufficient    money, 
not  exceeding  in 
all   $400,000    to 
carry   out    pro- 
visions of  act. 


Governor  to  draw 
warrant  for 
amounts   due   on 
contracts. 


Takes  effect   on 
passage. 


accordance  with  plans  and  specifications  to  be  approved  by  the 
governor  and  council ;  said  sum  to  be  expended  under  the  direc- 
tion of  the  trustees  of  said  institution,  subject  to  the  supervision 
of  the  governor  and  council,  and  any  balance  of  said  sum  of  four 
hundred  thousand  dollars  or  the  proceeds  of  the  bonds  hereinafter 
provided  for  not  required  for  the  purposes  above  specified  may 
be  used  for  any  other  necessary  addition  to  or  change  of  existing 
buildings  of  said  hospital  which  may  be  approved  by  the  governor 
and  council  and  to  be  in  accordance  with  plans  and  specifications 
also  to  be  approved  by  the  governor  and  council. 

Sect.  2.  The  governor,  with  the  advice  and  consent  of  the 
council,  is  hereby  authorized  to  draw  his  warrant  on  any  money 
in  the  treasury  not  otherwise  appropriated,  and  the  state  treasurer 
is  hereby  authorized  under  the  direction  of  the  governor  and  coun- 
cil, to  borrow,  upon  the  credit  of  the  state,  such  further  sums  or  the 
whole  (not  exceeding  in  all  four  hundred  thousand  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  at  such  time  or  times  as  the 
governor  and  council  may  determine.  Such  bonds  shall  be 
designated  New  Hampshire  State  Hospital  Bonds  and  shall  be 
signed  by  the  treasurer  and  countersigned  by  the  governor  and 
shall  be  deemed  a  pledge  of  the  faith  and  credit  of  the  state.  The 
secretary  of  state  shall  keep  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  state  treasurer.  The  treas- 
urer shall  keep  an  account  of  each  bond  and  note,  showing  the 
number  thereof,  the  name  of  the  person  to  whom  sold,  the  amount 
received  for  the  same,  the  date  of  the  sale  and  the  time  when  pay- 
able. The  treasurer  may  negotiate  and  sell  such  bonds  or  notes  by 
direction  of  the  governor  and  council,  in  such  manner  as  they 
may  determine  to  be  most  advantageous  to  the  state,  but  no  bonds 
shall  be  sold  for  less  than  their  par  value. 

Sect.  3.  The  governor  shall  draw  his  warrant  on  the  state 
treasurer  for  the  amounts  that  may  be  or  become  due  from  time 
to  time  under  the  contracts  of  the  trustees  approved  by  the 
governor  and  council  for  the  purposes  aforesaid. 

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


[Approved  May  4,  1923.] 


1923]  Chapter  124.  169 

CHAPTER  124. 

AN  ACT  MAKING  APPROPRIATIONS  FOR  THE  EXPENSES  OP  THE  STATE  OF 
NEW   HAMPSHIRE  FOR   THE   YEAR   ENDING    JUNE   30,    1924. 


Section 

1.      Appropriations    for    fiscii!    year    end- 
ing June  30,    1924. 


Section 

2.      Takes    effect    July    1,    1923. 


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

Section  1.     The  sums  hereinafter  mentioned  are  appropriated  Appropriations  for 

'-  ^        t^  _    fiscal    vear    end- 

to  be  paid  out  of  the  treasury  of  the  state  for  the  purposes  speci-  ins  June  30, 
fied  for  the  fiscal  year  ending  June  30,  1924,  to  wit : 

For  the  executive  department,  $42,900  as  follows:  For  salary 
of  governor,  $3,000 ;  for  salary  of  governor 's  secretary,  $1,500 ;  for 
traveling  expenses  of  governor's  secretary,  $300;  for  salary  of 
stenographer,  $1,000;  for  traveling  expenses  of  stenographer,  $300'; 
for  council  per  diem  and  expenses,  $4,000 ;  for  incidentals,  $250 ; 
for  printing,  $350;  for  transportation,  $700;  for  contingent  fund, 
$1,500;  for  emergency  fund  for  protection  of  interests  of  the  state, 
$30,000. 

For  the  secretary  of  state  department,  $20,350  as  follows:  For 
salary  of  the  secretary,  $3,500;  for  salary  of  deputy,  $2,300;  for 
clerical  expense,  $2,700;  for  corporation  laws,  $1,200;  for  inci- 
dentals, $500 ;  for  printing  blanks,  $350 ;  for  printing  report,  $800' ; 
for  express,  $400;  for  postage,  $400;  for  indexing  province  records, 
$1,200 ;  for  copying  ancient  records,  $6,000 ;  for  presidential  pri- 
mary, $1,000. 

For  the  treasury  department,  $17,700  as  follows:  For  salary 
of  the  treasurer,  .$4,000 ;  for  salary  of  deputy,  $2,300 ;  for  clerical 
expense,  $7,000;  for  incidentals,  $1,700;  for  printing  blanks,  $600; 
for  printing  report,  $850 ;  for  steel  filing  cases  for  vault,  $1,250. 

For  the  insurance  department,  $18,200  as  follows :  For  salary 
of  the  commissioner,  $2,250;  for  salary  of  deputy  commissioner, 
$1,500;  for  clerical  expense,  $3,250;  for  incidentals,  $2,500;  for 
printing  blanks,  $2,000;  for  printing  report,  $2,500;  for  enforce- 
ment of  blue  sky  law — for  salary  of  the  commissioner,  $500;  for 
salary  of  examiner,  $1,200;  for  miscellaneous,  $2,500. 

For  the  bank  commission  department,  $20,400  as  follows:  For 
salaries  of  commissioners,  $9,000;  for  clerical  expense,  $2,600;  for 
incidentals,  $600 ;  for  expenses  of  commissioners,  $3,000 ;  for  print- 
ing blanks,  $700 ;  for  printing  report,  $2,500 ;  for  salary  of  ex- 
aminer, $2,000. 

For  the  public  service  commission  department,  $41,400  as  fol- 
lows :  For  salaries  of  the  commissioners,  $10,700 ;  for  experts,  clerks 
and  assistants,  $17,000  ;  for  expenses  of  the  commissioners,  $700 ;  for 


170  Chapter  124.  [1923 

incidentals  and  printing,  $7,000;  for  lights  and  buoj^s  on  inland 
waters  and  boat  inspection,  $6,000. 

For  the  tax  commission  department,  $22,000  as  follows :  For  the 
salaries  of  the  commissioners,  $8,000 ;  for  the  expenses  of  the  com- 
missioners, $2,300;  for  clerical  expense,  $1,600;  for  incidentals  and 
printing,  $7,000;  for  printing  report,  $1,400;  for  municipal  ac- 
counting, $1,700. 

For  the  purchasing  agent's  department,  $12,050  as  follows:  For 
salary  of  agent  and  clerical  expense,  $10,200;  for  expenses  of  the 
purchasing  agent,  $350;  for  incidentals,  $1,500. 

For  the  attorney-general's  department,  $33,750  as  follows:  For 
salary  of  the  attorney -general,  $3,500;  for  salary  of  the  assistant 
attorney-general,  $3,500;  for  traveling  expenses,  $1,500;  for  clerical 
expense  for  the  attorney-general,  $3,000;  for  clerical  expense  for 
the  assistant  attorney-general  on  account  of  the  administration  of 
the  inheritance  tax  law  (to  include  a  third  accountant  at  a  salary 
not  exceeding  $1,400)  $7,850;  for  incidentals,  $1,000;  for  supplies, 
$900 ;  for  printing  blanks,  $1,000 ;  for  copies  of  wills  and  records, 
$8,000 ;  for  legacy  tax  and  other  litigation,  investigations  and  ap- 
praisals, $3,500. 

For  the  enforcement  prohibitory  law  department,  $14,850  as 
follows :  For  salary  of  the  commissioner,  $2,750 ;  for  salary  of 
state  liquor  agent,  $2,200;  for  expenses  of  commissioner,  $1,000; 
for  salaries  of  deputy  and  agents,  $4,000;  for  expenses  of  deputy 
and  agents,  $3,000;  for  clerical  expense,  $1,200;  for  incidentals, 
$500 ;  for  printing  blanks,  $200. 

For  the  supreme  court,  $38,425  as  follows:  For  salaries  of  the 
justices,  $30,000 ;  for  salary  of  clerk,  $500 ;  for  salary  of  messenger, 
$250;  for  salary  of  state  reporter,  $1,800;  for  expenses  of  justices, 
$1,000;  for  transportation  of  justices,  $500;  for  examination  of 
students,  $500;  for  transportation  of  state  reporter,  $125;  for  in- 
cidentals, $1,000;  for  printing  docket,  $250;  for  New  Hampshire 
Law  Reports,  $2,500. 

For  the  superior  court,  $36,800  as  follows:  For  salaries  of  the 
justices,  $30,000;  for  expenses  of  justices,  $5,000;  for  incidentals, 
$500 ;  for  transportation,  $1,300. 

For  the  probate  court,  $11,300  as  follows:  For  salaries  of  the 
judges,  $11,300  as  follows:  For  Rockingham  county,  $1,200;  for 
Strafford  county,  $1,000;  for  Belknap  county,  $800;  for  Carroll 
county,  $900;  for  Merrimack  county,  $1,400;  for  Hillsborough 
county,  $2,000;  for  Cheshire  county,  $1,000;  for  Sullivan  county, 
$800;  for  Grafton  county,  $1,200;  for  Coos  county,  $1,000. 

For  the  legislature,  $15,000  for  expenses. 

For  the  state  board  of  education,  $575,000,  in  which  sum  is  in- 
cluded the  literary  fund,  and  in  addition  to  the  $575,000  the  sums 
paid  into  the  state  treasury  as  the  forest  reserve  tax,  the  per 
capita  tax  and  the  tax  on  unorganized  and  other  places.     Of  this 


1923]  Chapter  124.  171 

appropriation,  the  sum  of  $40,000  is  to  be  expended  for  mothers' 
aid;  a  sum  not  to  exceed  $38,000  for  salaries  of  officers  and  em- 
ployees of  the  state  board ;  a  sum  not  to  exceed  $340,000  for  equal- 
ized state  aid;  and  the  sum  of  $15,000  for  rental  of  rooms  for 
students  at  the  normal  schools. 

The  state  board  of  education  shall  also  receive  for  disbursement 
the  income  of  the  normal  school  dormitories  and  practice  schools 
and  the  sums  paid  by  school  districts  for  the  salaries  of  superin- 
tendents under  Laws  of  1921,  chapter  85,  part  I,  section  8  (23). 

(In  this  department  any  balance  which  may  be  unexpended  in 
the  fiscal  year  ending  June  30,  1924,  shall  be  available  for  use  in 
the  following  year.) 

For  the  board  of  charities  and  correction,  $6,850  as  follows :  For 
the  salary  of  the  secretary,  $2,250;  for  clerical  expenses,  $2,200; 
for  incidentals,  $800;  for  traveling  expenses,  $1,400;  for  printing 
blanks,  $200. 

For  child  welfare  work,  $7,000. 

For  aid  tuberculosis  patients  and  education  for  tubercular 
children,  $40,000. 

For  register  of  the  blind,  $11,300. 

For  deaf,  dumb  and  blind,  support  and  education,  $30,000. 

For  aid  crippled  and  tuberculous  children,  $3,000. 

John  Nesmith  fund,  $3,700. 

For  Granite  State  Deaf  Mute  Mission,  $150. 

For  the  bureau  of  labor,  $7,550  as  follows:  For  salary  of  the 
commissioner,  $2,750;  for  clerical  expense,  $1,500;  for  expense  of 
arbitration,  $1,000;  for  incidentals  and  travel,  $2,000;  for  printing 
blanks,  $300. 

For  factory  inspection,  $10,850  as  follows:  For  salary  of  in- 
spectors, $6,200;  for  clerical  expense,  $1,200;  for  incidentals  and 
travel,  $3,200;  for  printing  blanks,  $250. 

For  free  employment  bureau,  $2,400  as  follows :  for  the  salary 
of  assistants,  $750;  for  clerical  expense,  $1,000;  for  incidentals  and 
travel,  $550 ;  for  printing,  $100. 

For  the  department  of  weights  and  measures,. $14,250  as  follows: 
For  salary  of  the  commissioner,  $2,750 ;  for  salary  of  the  inspectors 
(3),  $5,100;  for  traveling  expenses,  $3,500;  for  clerical  expense, 
$1,100;  for  incidentals,  $1,000;  for  printing  blanks,  $400;  for 
printing  report,  $400. 

For  the  department  of  agriculture,  $140,400  as  follows:  For 
the  salary  of  the  commissioner,  $2,750 ;  for  the  salary  of  the  deputy, 
$2,400;  for  clerical  expenses,  $2,200;  for  advisory  board,  $300;  for 
incidentals,  $500;  for  feeding  stuffs  inspection,  $3,000;  for  fer- 
tilizer inspection,  $2,500;  for  nursery  inspection,  $500;  for  seed 
inspection,  $1,000;  for  insecticides  and  fungicides,  $500;  for  re- 
sources of  state  (publication),  $2,500;  for  milk  dealers'  licenses, 
$500;   for   diseases   of   animals,   $100,000;    for   encouragement   of 


172  Chapter  124.  [1923 

sheep  industry,  $500;  for  Granite  State  Dairymen's  Association, 
$1,000;  for  apple-grading  law,  $250;  for  New  Hampshire  Horticul- 
tural Society,  $2,500;  for  bureau  of  markets,  $5,000;  for  moth 
suppression,  $12,500: 

For  the  board  of  health  department,  $27,150  as  follows:  For 
salary  of  secretary,  $3,000;  for  clerical  expense,  $1,500;  for  inci- 
dentals, $650;  for  printing  blanks,  $500;  for  epidemic  fund, 
$2,000;  for  sanitary  inspection,  $5,000;  for  engineer,  $1,500;  for 
purchase  of  antitoxin,  $3,500;  for  venereal  work  (chapter  216, 
Laws  of  1919),  $6,000;  for  tuberculosis  dispensaries  (chapter  152, 
Laws  of  1909),  $3,000;  for  medico-legal  examinations  (chapter 
119,  Laws  of  1919),  $500, 

For  the  laboratory  of  hygiene  department,  $16,800  as  follows : 
For  salaries  of  two  chemists,  $4,800 ;  for  salaries  of  two  bacteriolo- 
gists, $2,500;  for  salary  of  pathologist,  $2,000;  for  clerks  and  as- 
sistants, $2,250;  for  incidentals,  $2,750;  for  printing  blanks  and 
bulletins,  $2,500. 

For  the  department  of  vital  statistics,  $2,800  as  follows:  For 
clerical  exjiense  and  incidentals,  $2,800. 

For  the  adjutant-general's  department,  $73,850  as  follows:  For 
salary  of  the  adjutant-general,  $3,000 ;  for  clerical  expense,  $2,850 ; 
for  incidentals,  $1,000;  for  printing  blanks,  $500;  for  officers' 
uniforms,  $2,000 ;  for  rifle  ranges,  $2,500 ;  for  state  armories,  $12,- 
000 ;  for  national  guards,  $50,000. 

For  the  forestry  department,  $71,300  as  follows:  For  the  salary 
of  the  forester,  $3,000;  for  field  assistants,  $2,200;  for  clerical 
expense,  $4,000';  for  traveling  expenses,  $1,500;  for  incidentals, 
$1,800;  for  printing  blanks,  $1,200;  for  district  chiefs,  $7,500;  for 
lookout  stations,  $9,900;  for  conferences,  $1,200;  for  prevention  of 
fires,  $3,000 ;  for  nursery,  $5,500 ;  for  state  lands,  $5,000 ;  for  forest 
fire  bills  to  towns,  $7,500 ;  for  reforestation,  $3,000 ;  for  white  pine 
blister  rust,  $15,000. 

For  bounties,  $2,800  as  follows :  For  hedgehogs,  $2,500 ;  for  bears 
and  grasshoppers,  $300. 

For  department  of  indexing,  $1,850  as  follows:  For  salary, 
$1,800;  for  incidentals,  $50. 

For  G.  A.  R.  Department,  $3,350  as  follows :  For  printing,  $300 ; 
for  incidentals,  $50;  for  burial  of  soldiers,  $3,000. 

For  pharmacy  commission  department,  compensation  and  ex- 
penses, $2,860. 

For  state  dental  board,  compensation  and  expenses,  $650. 

For  registration  of  veterinary  surgeons,  compensation  and  ex- 
penses, $200. 

For  board  of  optometry,  for  compensation  and  expenses,  $510. 

For  board  of  chiropractors,  for  compensation  and  expenses,  $400. 

For  state  house  department,  $42,160  as  follows:  Salaries  and 
pay  roll,  $14,950 ;  for  fuel,  $7,250 ;  for  light  and  power,  $4,900 ;  for 


1923]  Chapter  124.  I73 

water,  $380;  for  miscellaneous,  $1,800;  for  telephone  operator  and 
switch  board,  $1,880;  for  extra  labor  (shoveling),  $1,500;  for  rent 
of  Patriot  building,  $9,500. 

For  state  library,  $17,550  as  follows:  For  salaries,  $7,400;  for 
maintenance,  $5,000;  for  books,  periodicals  and  bindings,  $5,000; 
for  expenses  of  trustees,  $150, 

For  public  library  commission,  $4,700  as  follows:  Salary  of 
secretary,  $2,000;  for  clerical  expense,  $500;  for  incidentals,  $950; 
for  traveling  libraries,  $500;  for  library  distribution,  $350;  for 
printing  bulletins,  $400. 

For  N.  H.  College  of  Agriculture  and  Mechanic  Arts,  $330,000 
for  maintenance. 

For  soldiers'  home,  $25,000  for  maintenance. 

For  state  hospital,  $475,000  for  maintenance. 

For  state  industrial  school,  $58,500  for  maintenance. 

For  state  prison,  $77,000  for  maintenance. 

For  school  for  feeble-minded,  $140,000  for  maintenance. 

For  state  sanatorium,  $75,000  for  maintenance. 

For  interest  charges,  $72,401.48  as  follows:  For  teachers'  in- 
stitute fund,  $2,388.93;  for  Fiske  legacy,  $1,055.14;  for  Kimball 
legacy,  $270.14;  for  agricultural  college  fund,  $4,800;  for  Hamil- 
ton Smith  fund,  $400 ;  for  Benjamin  Thompson  fund,  $31,887.27 ; 
for  state  hospital  bonds,  $9,100 ;  for  war  loan,  series  1918,  $22,500. 

For  maturing  bonds,  $85,000  as  follows:  For  state  hospital 
bonds,  $10,000 ;  for  state  highway  bonds,  $75,000. 

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

For  firemen's  relief  fund,  $4,000. 

For  Prisoners'  Aid  Association,  $200. 

For  Old  Home  Week  Association,  $300. 

For  New  Hampshire  Historical  Society,  $500. 

For  medical  referees,  $50. 

The  commissioner  of  motor  vehicles,  with  the  approval  of  the 
governor  and  council  is  hereby  authorized  to  expend  for  the 
maintenance  of  his  department  a  sum  not  exceeding  $125,000. 

Sect.  2.     This  act  shall  take  effect  July  1,  1923.  Takes  ei¥ect 

July  1,  1923. 

I  Approved  May  4,  1923.] 


174 


Chapters  125,  126. 


[1923 


CHAPTER  125. 


AN  ACT  PROVIDING  FOR  APPROPRIATIONS  FOR  CERTAIN  EXPENSES  OP  THE 
STATE  FOR  THE  YEAR  ENDING  JUNE  30,  1924. 


Section 

1 .  Appropriation  for  certain  expenses 
of  state  for  year  ending  June  30, 
1924. 


Section 

2.      Talves    efifect   June    30,  ,1923. 


ending     June     30, 
1924. 


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

Appropriation  for      SECTION  1.     There  is  hereby  appropriated  for  the  fiscal  year 
of' sTaV^f or^ y^ear  ending  June  30,  1924,  the  following  sums: 

For  the  department  of  agriculture,  for  institutes  and  public 
meetings,  the  sum  of  $1,500. 

For  the  probate  court,  salaries  of  registers  and  deputies,  the 
sum  of  $13,500  as  follows:  Rockingham  county,  register,  $1,200; 
Rockingham  county,  deputy,  $700;  Straiford  county,  register,  $1,- 
200 ;  Belknap  county,  register,  $800 ;  Carroll  county,  register,  $800  ; 
Merrimack  county,  register,  $1,200;  Merrimack  county,  deputy, 
$1,000 ;  Hillsborough  county,  register,  $1,500 ;  Hillsborough  county, 
deputy,  $800;  Cheshire  county,  register,  $900;  Sullivan  county, 
register,  $1,200;  Grafton  county,  register,  $1,200;  Coos  county, 
register,  $1,000. 

For  the  highway  department  the  sum  of  $35,000,  as  follows: 
For  state  aid  bridge  construction,  $30,000;  for  Piscataqua  bridge 
maintenance,  $5,000. 

Sect.  2.     This  act  shall  take  effect  June  30,  1923. 


Takes   effect   June 
30,    1923. 


[Approved  May  4,  1923. 


CHAPTER  126. 


AN  ACT  MAKING  APPROPRIATIONS  FOR  THE  EXPENSES  OP  THE  STATE  OF 
NEW  HAMPSHIRE  FOR  THE  YEAR  ENDING  JUNE  30,   1925. 


Section 

1.      Appropriations    for    fiscal   year    end- 
ing   June    30,     1925. 


Section 

2.     Takes   effect  July   1,    1924. 


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

Appropriations  SECTION  .1.  The  sums  hereinafter  mentioned  are  appropriated 
inding  "".TmiT^o,  to  be  paid  out  of  the  treasury  of  the  state  for  the  purposes  specified 
^^2^-  for  the  fiscal  year  ending  June  30,  1925,  to  wit : 


1923]  Chapter  126.  175 

For  the  executive  department,  $44,900  as  follows:  For  salary 
of  governor,  $3,000;  for  salary  of  governor's  secretary,  $1,500; 
for  salary  of  stenographer,  $1,000;  for  traveling  expenses  of  gov- 
ernor's secretary,  $300;  for  traveling  expenses  of  stenographer, 
$300;  for  council,  per  diem  and  expenses,  $6,000;  for  incidentals, 
$250;  for  printing,  $350;  for  transportation,  $700;  for  contingent 
fund,  $1,500;  for  emergency  fund  for  protection  of  interests  of 
the  state,  $30,000. 

For  the  secretary  of  state  department,  $27,850  as  follows:  For 
salary  of  the  secretary,  $3,500;  for  salary  of  deputy,  $2,300;  for 
clerical  expense,  $2,700;  for  corporation  laws,  $1,200;  for  inci- 
dentals, $500 ;  for  printing  blanks,  $350 ;  for  printing  report,  $800 ; 
for  express,  $400 ;  for  postage,  $400 ;  for  indexing  province  records, 
$1,200;  for  Australian  ballot,  $4,500;  for  direct  primary,  $4,000; 
for  copying  ancient  records,  $6,000. 

For  the  treasury  department,  $16,950  as  follows:  For  salary 
of  the  treasurer,  $4,000;  for  salary  of  deputy,  $2,300;  for  clerical 
expense,  $7,000 ;  for  incidentals,  $1,700 ;  for  printing  blanks,  $600 ; 
for  printing  report,  $850;  for  treasurer's  and  deputy's  bonds, 
$500. 

For  the  insurance  department,  $17,850  as  follows :  For  salary  of 
the  commissioner,  $2,250;  for  salary  of  deputy  commissioner, 
$1,500;  for  clerical  expense,  $3,400;  for  incidentals,  $2,500;  for 
printing  blanks,  $2,000;  for  printing  report,  $2,500;  for  enforce- 
ment of  blue  sky  law — for  salary  of  the  commissioner,  $500; 
for  salary  of  examiner,  $1,200 ;  for  miscellaneous,  $2,000. 

For  the  bank  commission  department,  $20,400  as  follows:  For 
salaries  of  commissioners,  $9,000;  for  clerical  expense,  $2,600;  for 
incidentals,  $600;  for  expenses  of  commissioners,  $3,000;  for  print- 
ing blanks,  $700 ;  for  printing  report,  $2,500 ;  for  salary  of  ex- 
aminer, $2,000. 

For  the  public  service  commission  department,  $41,400  as  fol- 
lows :  For  salaries  of  the  commissioners,  $10,700 ;  for  experts, 
clerks  and  assistants,  $17,000;  for  expenses  of  the  commissioners, 
$700 ;  for  incidentals  and  printing,  $7,000 ;  for  lights  and  buoys  on 
inland  waters  and  boat  inspection,  $6,000. 

For  the  tax  commission  department,  $22,000  as  follows:  For 
the  salaries  of  the  commissioners,  $8,000;  for  the  expenses  of  the 
commissioners,  $2,300 ;  for  clerical  expenses,  $1,600 ;  for  incidentals 
and  printing,  $7,000;  for  printing  report,  $1,400;  for  municipal 
accounting,  $1,700. 

For  the  purchasing  agent's  department,  $12,250  as  follows: 
For  salary  of  agent  and  clerical  expense,  $10,300;  for  expenses  of 
the  purchasing  agents  $350;  for  incidentals,  $1,500;  for  printing 
report,  $100. 

For  the  attorney-general's  department,  $34,700  as  follows:  For 
salary  of  the  attorney-general,  $3,500;  for  salary  of  the  assistant 


176  Chapter  126.  [1923 

attorney-general,  $3,500 ;  for  traveling  expenses,  $1,500 ;  for  clerical 
expense  of  the  attorney-general,  $3,000;  for  clerical  expense  for 
the  assistant  attorney-general  on  account  of  the  administration  of 
the  inheritance  tax  law  (to  include  a  third  accountant  at  a  salary 
not  exceeding  $1,400),  $8,100;  for  incidentals,  $1,000;  for  supplies, 
$900;  for  printing  blanks,  $1,000;  for  printing  report,  $700;  for 
copies  of  wills  and  records,  $8,000 ;  for  legacy  tax  and  other  litiga- 
tion, investigations  and  appraisals,  $3,500. 

For  the  enforcement  prohibitory  law  department,  $15,250  as 
follows:  For  salary  of  the  commissioner,  $2,750;  for  salary  of 
state  liquor  agent,  $2,200;  for  expense  of  commissioner,  $1,000; 
for  salaries  of  deputy  and  agents,  $4,000;  for  expenses  of  deputy 
and  agents,  $3,000;  for  clerical  expense,  $1,200;  for  incidentals, 
$500;  for  printing  blanks,  $200;  for  printing  report,  $400. 

For  the  supreme  court,  $38,425  as  follows:  For  salaries  of  the 
justices,  $30,000 ;  for  salary  of  clerk,  $500 ;  for  salary  of  messenger, 
$250 ;  for  salary  of  state  reporter,  $1,800 ;  for  expenses  of  justices, 
$1,000;  for  transportation  of  justices,  $500;  for  examination  of 
students,  $500;  for  transportation  of  state  reporter,  $125;  for  in- 
cidentals, $1,000;  for  printing  docket,  $250;  for  New  Hampshire 
Law  Reports,  $2,500. 

For  the  superior  court,  $36,800  as  follows:  For  salaries  of  the 
justices,  $30,000;  for  expenses  of  justices,  $5,000;  for  incidentals, 
$500 ;  for  transportation,  $1,300. 

For  the  probate  court,  $11,300  as  follows:  For  salaries  of  the 
judges,  $11,300  as  follows:  For  Rockingham  county,  $1,200;  for 
Strafford  county,  $1,000;  for  Belknap  county,  $800;  for  Carroll 
county,  $900;  for  Merrimack  County,  $1,400;  for  Hillsborough 
county,  $2,000;  for  Cheshire  county,  $1,000;  for  Sullivan  county, 
$800;  for  Grafton  county,  $1,200;  for  Coos  county,  $1,000. 

For  the  legislature,  $175,00p  for  expenses. 

For  the  state  board  of  education,  $585,000,  in  which  sum  is 
included  the  literary  fund,  and  in  addition  to  the  $585,000  the 
sums  paid  into  the  state  treasury  as  the  forest  reserve  tax,  the 
per  capita  tax  and  the  tax  on  unorganized  and  other  places.  Of 
this  appropriation  the  sum  of  $40,000  is  to  be  expended  for 
mothers'  aid;  a  sum  not  to  exceed  $38,000  for  salaries  of  officers  and 
employees  of  the  state  board;  a  sum  not  to  exceed  $340,000  for 
equalized  state  aid;  and  the  sum  of  $15,000  for  rental  of  rooms 
for  students  at  the  normal  schools. 

The  state  board  of  education  shall  also  receive  for  disbursement 
the  income  of  the  normal  school  dormitories  and  practice  schools 
and  the  sums  paid  by  school  districts  for  the  salaries  of  superin- 
tendents under  Laws  of  1921,  chapter  85,  part  I,  section  8  (23). 

(In  this  department  any  balance  which  may  be  unexpended  in 
the  fiscal  year  ending  June  30,  1925,  shall  bo  available  for  use  in 
the  foHovving  year.) 


1923]  Chapter  126,  177 

For  the  board  of  charities  and  correction,  $7,750  as  follows: 
For  the  salary  of  the  secretary,  $2,250 ;  for  clerical  expenses,  $2,300 ; 
for  incidentals,  $800 ;  for  traveling  expenses,  $1,400  j  for  printing 
blanks,  $200 ;  for  printing  report,  $800. 

For  child  welfare  work,  $7,000. 

For  aid  of  tuberculosis  patients  and  education  for  tubercular 
children,  $40,000. 

For  register  of  the  blind,  $11,300. 

For  deaf,  dumb  and  blind,  support  and  education,  $30,000. 

For  aid  crippled  and  tuberculous  children,  $3,000. 

Income  John  Nesmith  fund,  $3,700. 

For  Granite  State  Deaf  Mute  Mission,  $150. 

For  the  bureau  of  labor,  $8,450  as  follows:  For  salary  of  the 
commissioner,  $2,750;  for  clerical  expense,  $1,500;  for  expense  of 
arbitration,  $1,000 ;  for  incidentals  and  travel,  $2,000 ;  for  printing 
blanks,  $500 ;  for  printing  report,  $700. 

For  factory  inspection,  $10,850  as  follows:  For  salary  of 
inspectors,  $6,200;  for  clerical  expense,  $1,200;  for  incidentals  and 
travel,  $3,200 ;  for  printing  blanks,  $250. 

For  free  employment  bureau,  $2,400  as  follows:  For  the  salary 
of  assistants,  $750 ;  for  clerical  expense,  $1,000 ;  for  incidentals 
and  travel,  $550;  for  printing,  $100. 

For  the  department  of  weights  and  measures,  $14,250  as  follows : 
For  salary  of  the  commissioner,  $2,750;  for  salary  of  the  in- 
spectors (3),  $5,100;  for  traveling  expenses,  $3,500;  for  clerical 
expenses,  $1,100 ;  for  incidentals,  $1,000 ;  for  printing  blanks,  $400 ; 
for  printing  report,  $400. 

For  the  department  of  agriculture,  $141,400,  as  follows:  For 
the  salary  of  the  commissioner,  $2,750 ;  for  the  salary  of  the  deputy, 
$2,400 ;  for  clerical  expenses,  $2,200 ;  for  advisory  board,  $300 ;  for 
incidentals,  $500;  for  feeding  stuffs  inspection,  $3,000;  for  fer- 
tilizer inspection,  $2,500 ;  for  nursery  inspection,  $500 ;  for  seed 
inspection,  $1,000;  for  insecticides  and  fungicides,  $500;  for  re- 
sources of  state  (publication),  $2,500;  for  milk  dealers'  licenses, 
$500 ;  for  printing  report,  $1,000 ;  for  diseases  of  animals,  $100,000 ; 
for  encouragement  of  sheep  industry,  $500;  for  New  Hampshire 
Horticultural  Society,  $2,500;  for  bureau  of  markets,  $5,000;  for 
Granite  State  Dairymen's  Association,  $1,000;  for  apple-grading 
law,  $250;  for  moth  suppression,  $12,500. 

For  the  board  of  health  department,  $28,650  as  follows:  For 
salary  of  secretary,  $3,000;  for  clerical  expense,  $1,500;  for  inci- 
dentals, $650;  for  printing  blanks,  $500;  for  printing  report, 
$1,500;  for  epidemic  fund,  $2,000;  for  sanitary  inspection,  $5,000; 
for  engineer,  $1,500 ;  for  purchase  of  antitoxin,  $3,500 ;  for  venereal  • 
work  (chapter  216,  Laws  of  1919),  $6,000;  for  tuberculosis  dispen- 
saries (chapter  152,  Laws  of  1909),  $3,000;  for  medico-legal  ex- 
aminations, $500. 

12 


178  Chapter  126.  [1923 

For  the  laboratory  of  hygiene  department,  $18,300  as  follows: 
For  salaries  of  two  chemists,  $4,800 ;  for  salaries  of  two  bacteriolo- 
gists, $2,500;  for  salary  of  pathologist,  $2,000;  for  clerks  and  as- 
sistants, $2,250;  for  incidentals,  $2,750;  for  printing  blanks  and 
bulletins,  $2,500;  for  printing  report,  $1,500, 

For  the  department  of  vital  statistics,  $5,300  as  follows:  For 
clerical  expense  and  incidentals,  $2,800;  for  printing  report, 
$2,500. 

For  the  adjutant-general's  department,  $76,000  as  follows:  For 
salary  of  the  adjutant-general,  $3,000;  for  clerical  expense, 
$3,000;  for  incidentals,  $1,000;  for  printing  blanks,  $500;  for 
printing  report,  $1,000;  for  officers'  uniforms,  $2,000;  for  rifle 
ranges,  $2,500;  for  state  armories,  $12,000;  for  national  guards, 
$50,000;  for  enrollment  expense,  $1,000. 

For  the  forestry  department,  $74,100  as  follows :  For  the  salary 
of  the  forester,  $3,000;  for  field  assistants,  $2,200;  for  clerical 
expense,  $4,000;  for  traveling  expenses,  $1,500;  for  incidentals, 
$1,800 ;  for  printing  blanks,  $1,200 ;  for  printing  report,  $800 ;  for 
district  chiefs,  $7,500 ;  for  lookout  stations,  $9,900 ;  for  conferences, 
$1,200;  for  prevention  of  fires,  $3,000;  for  nursery,  $5,500;  for 
state  lands,  $5,000;  for  forest  fire  bills  to  towns,  $7,500;  for  re- 
forestation, $3,000 ;  for  white  pine  blister  rust,  $17,000. 

For  bounties,  $2,800  as  follows:  For  hedgehogs,  $2,500;  for 
bears  and  grasshoppers,  $300. 

For  department  of  indexing,  $1,850  as  follows:  For  salary, 
$1,800;  for  incidentals,  $50. 

For  G.  A.  R.  department,  $3,350  as  follows :  For  printing,  $300 ; 
for  incidentals,  $50 ;  for  burial  of  soldiers,  $3,000. 

For  pharmacy  commission  department,  compensation  and  ex- 
penses, $2,860. 

For  state  dental  board  as  follows:  Compensation  and  expenses, 
$650. 

For  registration  of  veterinary  surgeons  as  follows:  Compensa- 
tion and  expenses,  $200. 

For  board  of  optometry,  compensation  and  expenses,  $510. 

For  board  of  chiropractors,  for  compensation  and  expenses, 
$400. 

For  state  house  department,  $41,610  as  follows :  For  salaries 
and  pay  roll,  $14,950;  for  fuel,  $7,000;  for  light  and  power,  $4,600; 
for  water,  $380;  for  miscellaneous,  $1,800;  for  telephone  operator 
and  switch  board,  $1,880;  for  extra  labor  (shoveling),  $1,500;  for 
rent  of  Patriot  building,  $9,500. 

For  state  library,  $17,650  as  follows:  For  salaries,  $7,500;  for 
•  maintenance,  $5,000;  for  books,  periodicals  and  bindings,  $5,000; 
for  expenses  of  trustees,  $150. 

For  public  library  commission,  $4,850  as  follows:  For  salary  of 
secretary,  $2,000 ;  for  clerical  expense,  $500 ;  for  incidentals,  $950 ; 


1923]  Chapter  126.  179 

for  printing  report,  $150 ;  for  traveling  libraries,  $500 ;  for  print- 
ing bulletins,  $400 ;  for  institutes,  $350. 

For  N.  H.  College  of  Agriculture  and  Mechanic  Arts,  $340,000 
for  maintenance. 

For  soldiers'  home,  $25,000  for  maintenance. 

For  state  hospital,  $475,000  foi  maintenance. 

For  state  industrial  school,  $58,500  for  maintenance. 

For  state  prison,  $77,000  for  maintenance. 

For  state  school  for  feeble-minded,  $140,000  for  maintenance. 

For  state  sanatorium,  $91,520  for  maintenance. 

For  interest  charges,  $72,051.48  as  follows:  For  teachers'  in- 
stitute fund,  $2,388.93;  for  Fiske  legacy,  $1,055.14;  for  Kimball 
legacy,  $270.14;  for  agricultural  college  fund,  $4,800;  for  Hamil- 
ton Smith  fund,  $400;  for  Benjamin  Thompson  fund,  $31,887.27; 
for  state  hospital  bonds,  $8,750 ;  for  war  loan,  series  1918,  $22,500, 

For  maturing  bonds,  $85,000  as  follows:  For  state  hospital 
bonds,  $10,000 ;  for  state  highway  bonds,  $75,000. 

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

For  firemen's  relief  fund,  $4,000. 

For  Prisoners'  Aid  Association,  $200. 

For  Old  Home  Week  Association,  $300. 

For  New  Hampshire  Historical  Society,  $500. 

For  medical  referees,  $50. 

The  commissioner  of  motor  vehicles,  with  the  approval  of  the 
governor  and  council  is  hereby  authorized  to  expend  for  the  main- 
tenance of  his  department  a  sum  not  exceeding  $125,000. 

Sect.  2.     This  act  shall  take  effect  July  1,  1924.  Takes  effect  juiy 


1924. 


^Approved  May  4,  1923. 


180  Chapter  127.  [1923 

CHAPTER  127. 

AN    ACT    PROVIDING    FOR    APPROPRIATIONS    FOR    CERTAIN    EXPENSES    OP 
THE  STATE  FOR  THE  YEAR  ENDING  JUNE   30,   1925. 


Section 

1.     Appropriations   for   certain   expenses 
for  year  ending  June  30,  1925. 


Section 

2.     Takes   effect   June   30,    1924. 


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

Appropriations  for      SECTION  1.     There  is  hereby  appropriated  for  the  fiscal  year 

certain  expenses  -,  t\nr-       i        c   ^^        • 

for  year  ending     ending  June  30,  1925,  the  lollowmg  sums : 

For  the  department  of  agriculture,   for   institutes  and  public 
meetings,  the  sum  of  $1,500. 

For  the  probate  court,  salaries  of  registers  and  deputies,  the 
sum  of  $13,500  as  follows:  Rockingham  county,  register,  $1,200 
Rockingham  county,  deputy,  $700;  Strafford  county,  register,  $1, 
200 ;  Belknap  county,  register,  $800 ;  Carroll  county,  register,  $800 
Merrimack  county,  register,  $1,200;  Merrimack  county,  deputy 
$1,000;  Hillsborough  county,  register,  $1,500;  Hillsborough  county 
deputy,  $800 ;  Cheshire  county,  register,  $900 ;  Sullivan  county 
register,  $1,200;  Grafton  county,  register,  $1,200;  Coos  county 
register,  $1,000. 

For  the  highway  department  the  sum  of  $35,000  as  follows :  For 
state    aid    bridge    construction,    $30,000;    for    Piscataqua    bridge 
maintenance,  $5,000. 
Takes  effect  June     Sect.  2.     This  act  shall  take  effect  June  30'  1924. 

30,     1924. 

[Approved  May  4,  1923.] 


1923]  Chapters  128,  129.  181 

CHAPTER  128. 

JOINT  RESOLUTION  EST  RELATION  TO  A  GIFT  TO  THE  STATE  OF  NEW 
HAMPSHIRE  BY  BENJAMIN  A.  KIMBALL  OF  HIS  HOMESTEAD  PREMISES 
IN  CONCORD  FOR  USE  AS  A  GOVERNOR'S  MANSION. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That,  whereas,  Benjamin  A.  Kimball,  late  of  Concord,  New  Declination  by 
Hampshire,  deceased,  by  his  last  will  and  testament,  made  a  g-ift  of^Kimbfii    . 
to  the  state  of  New  Hampshire  of  his  homestead  premises,  located  ^<'™®®*^*  • 
in  said  Concord,  for  use  by  the  state  as  a  governor's  mansion, 
upon  certain  terms  and  conditions  for  care  and  upkeep ; 

Resolved,  that  the  state  hereby  acknowledges  its  appreciation 
of  the  intention  of  Mr.  Kimball  to  make  to  the  state  a  gift  of 
his  homestead  premises  for  use  as  a  governor's  mansion,  but 
respectfully  declines  acceptance  of  said  gift  for  reasons  of 
economy  in  state  expenditures,  and  hereby  authorizes  His  Excel- 
lency, the  Governor,  to  execute  and  deliver  to  the  executors  of 
Mr.  Kimball's  will  such  release  as  may  be  found  to  be  required 
to  perfect  the  title  to  said  property. 

[Approved  January  31,  1923.] 


CHAPTER  129. 


JOINT  RESOLUTION  RECOMMENDING  RECONVENING  THE  CONSTITUTIONAL 
CONVENTION    AND    APPROPRIATING    MONEY    THEREFOR. 

Resolved  htj  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  convention  to  revise  the  constitution  should  be  re-  Requesting  that 
assembled;  that  the  president  of  the  convention  be  and  hereby  is Snventfon"*be°*^ 
requested  to  reassemble  the  convention ;  and  that  the  sum  of  four  reassembled,  and 

^  '  vy-i.      wii     appropriating 

thousand  dollars  be  and  hereby  is  appropriated  to  pay  the  ex-  money  therefor, 
penses  of  the  convention,  and  the  governor  is  authorized  to  draw 
his  warrant  for  so  much  of  said  sum  as  may  be  necessary  for  that 
purpose. 

This  resolution  shall  take  effect  upon  its  passage. 

[Approved  February  8,  1923.] 


182 


Chapters  130,  131.  [1923 

CHAPTER  130. 

JOINT  RESOLUTION  IN  FAVOR  OF   WILLIAM   H.   KNOX  AND  OTHERS. 


Appropriation  in 
favor    of    certain 
persons  for  ser- 
vices at  the  or- 
ganization   of 
senate  and  house, 


Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 


That  William  H.  Knox,  sergeant-at-arms  of  the  senate,  be 
allowed  the  sum  of  twenty-two  dollars  and  forty  cents  ($22.40)  ; 
Raymond  C.  Greer  be  allowed  the  sum  of  ten  dollars  and  sixty 
cents  ($10.60)  ;  Frank  Gay  be  allowed  the  sum  of  eleven  dollars 
and  ninety-two  cents  ($11.92)  ;  Frank  M.  Ayer  be  allowed  the 
sum  of  four  dollars  ($4)  ;  Guy  S.  Neal  be  allowed  the  sum 
of  forty-six  dollars  and  forty  cents  ($46.40)  ;  Frank  P.  Collins 
be  allowed  the  sum  of  four  dollars  ($4)  ;  Charles  W.  Buzzell  be 
allowed  the  sum  of  four  dollars  ($4)  ;  Horace  F.  Hoyt  be  allowed 
the  sum  of  four  dollars  ($4)  ;  John  S.  Wheeler  be  allowed  the  sum 
of  seventeen  dollars  and  twenty-eight  cents  ($17.28)  ;  Peter  Smith 
be  allowed  the  sum  of  eight  dollars  ($8)  ;  Charles  E.  Wendell  be 
allowed  the  sum  of  eight  dollars  ($8)  ;  Edison  J.  Minah  be  allowed 
the  sum  of  thirty  dollars  and  sixty-eight  cents  ($30.68)  ;  Charles  B. 
Benson,  Jr.  be  allowed  the  sum  of  twenty -five  dollars  ($25)  ;  Clar- 
ence W.  Farrell  be  allowed  the  sum  of  twenty-five  dollars  ($25)  ; 
Francis  P.  Callahan  be  allowed  the  sum  of  ten  dollars  ($10)  ; 
Howard  H.  Hamlin  be  allowed  the  sum  of  twenty-seven  dollars 
and  twenty-six  cents  ($27.26)  ;  and  Keith  Cousins  be  allowed  the 
sum  of  two  dollars  and  fifty  cents  ($2.50),  in  full  for  their  services 
at  the  organization  of  the  present  senate  and  house,  and  that 
the  governor  be  authorized  to  draw  his  warrant  for  the  same  on 
the  treasury. 


[Approved  February  16,  1923. ^ 


CHAPTER  131. 


JOINT  RESOLUTION  RELATING  TO  THE  VALUATION  OF  RAILROADS. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Memorializing  That,  WHEREAS,  by  scctiou  19   (a)   of  the  Interstate  Commerce 

chTifgrfnt'erlta'te   Act,  providing  for  the  valuation  by  the  interstate  commerce  com- 
commerce^^ac^,       jniggion  of  the  propcrtics  of  common  carriers,  it  is  provided  that 


1923]  Chapter  132.  183 

"such  investigation  shall  show  the  value  of  its  property  in  each  provision  re- 
of  the  several  States  and  Territories  and  the  District  of  Columbia,  commerce  com- 

,         •  n     1  T'Tj-i  1  •  •        n    jj  J  mission    to    show 

classified  and  m  detail  as  herein  required ;     and  valuation  of  raii- 

Whereas,  the  bureau  of  valuation  of  said  commission  has  rec-  ^ta^e!  ^^  ^^'^^ 
ommended  to  the  commission  that  it  request  Congress  to  relieve 
it  from  showing  values  of  said  properties  by  states ;  and 

Whereas,  it  is  desirable  for  various  uses  and  purposes  that  such 
valuation  shall  be  shown  separately  by  states,  as  aforesaid : 

Resolved,  that  it  is  the  view  of  the  senate  and  house  of  repre- 
sentatives of  the  state  of  New  Hampshire  that  the  interstate  com- 
merce commission  should  show  as  to  each  interstate  carrier  the 
value  of  its  property  in  each  of  the  several  states  in  which  said 
property  exists,  and  that  no  change  in  the  law  to  sanction  failure  to 
make  such  showing  ought  to  be  sought  or  made ;  and  be  it  further 

Resolved,  that  a  copy  of  this  resolution  be  mailed  to  each 
United  States  senator  and  each  member  of  Congress  from  New 
Hampshire. 

[Approved  February  16,  1923.] 


CHAPTER  132. 

JOINT  RESOLUTION  IN  FAVOR  OF  CHANGING  THE  NAME  OF  THE  HIGHWAY 
KNOWN  AS  '^WEST  SIDE  ROAD''  TO  THE  DARTMOUTH  COLLEGE  ROAD. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  in  recognition  of  the  eminent  service  rendered  bv  Dart- West  Side  road 

.  „■,'■•  I  •  ■,    i>  '■,  to  be  called  Dart- 

mouth College  m  the  cause  of  higher  education  and  for  the  gen-  mouth   College 

eral  advancement  of  learning,  the  great  New  Hampshire  highway 
described  as  follows,  beginning  at  the  Massachusetts  state  bound- 
ary and  running  northerly  through  Winchester,  Hinsdale, 
Swanzey,  Keene,  Gilsum,  Marlow,  Lempster,  Goshen,  Newport, 
Croydon,  Grantham,  Enfield,  Lebanon,  Hanover  (where  the  col- 
lege is  located),  Lyme,  Orford,  Piermont,  Haverhill,  Bath, 
Landaff,  Lisbon,  Littleton  and  Bethlehem,  to  its  junction  with  the 
Daniel  Webster  highway  at  Twin  Mountain  in  the  town  of  Carroll, 
now  known  as  the  West  Side  road,  be  hereby  given  the  name  of 
Dartmouth  College  road,  and  the  governor  and  council  are  au- 
thorized to  do  all  things  necessary  suitably  to  mark  and  designate 
it  accordingly. 

[Approved  February  27,  1923.] 


184  Chapters  133,  134.  [1923 

CHAPTER  133. 

JOINT   RESOLUTION    APPROPRIATING    MONEY    FOR   PAYMENT   OF    RENTAL 
IN   PATRIOT  BUILDING   IN    CONCORD. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  to  That  the  sum  of  foi'ty-seveii  hundred  and  fifty  dollars  be  and 
Gallagher  for  the  Same  is  hereby  appropriated  for  the  purpose  of  taking  care 
Patriot"  building,  of  the  rental  of  offices  leased  by  the  state  from  Edward  J. 
Gallagher  in  the  Patriot  building  in  Concord  for  a  term  extending 
from  January  1  to  July  1,  1923 ;  and  the  governor  is  hereby  au- 
thorized to  draw  his  warrant  for  the  same  out  of  moneys  not 
otherwise  appropriated, 

[Approved  February  27,  1923.] 


CHAPTER  134. 

.JOINT   RESOLUTION   IN   FAVOR  OF   THE   ESTATE   OF   GEORGE   W.    BENSON. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  in        That  the  sum  of  two  hundred  dollars  be  paid  to  the  estate  of 

favor   of   estate  _^  ^ 

of  George  w.  Gcorgc  W.  Bcuson,  a  member  of  the  house;  that  the  governor 
be  authorized  to  draw  his  warrant  for  the  same  out  of  the  ap- 
propriation for  the  expense  of  the  legislature  for  the  1923  session ; 
and  that  the  same  be  paid  at  once. 

[Approved  March  7,  1923.] 


1923]  Chapters  135,  136.  185 

CHAPTER  135. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  NEW  HAMPSHIRE  OLD  HOME 
WEEK    ASSOCIATION. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  five  hundred  dollars  ($500)  be  and  is  hereby  Appropriation  in 
appropriated  for  the  use  of  the  New  Hampshire  Old  Home  "Week  Home  week 
Association,  in  addition  to  the  regular  standing  appropriation  '  ^^""^"^ '°"' 
for  that  organization,  in  furthering  its  work  in  connection  with 
the  celebration  of  the  three  hundredth  anniversary  of  the  settle- 
ment of  the  state,  during  Old  Home  "Week  of  the  present  year, 
and  to  meet  the  naturally  largely  increased  expense  of  the  prep- 
aration and  publication  of  its  annual  report,  containing  a  record 
of  the  proceedings  at  the  various  state  and  local  celebrations  held 
during  the  week;  the  same  to  be  paid  to  the  treasurer  of  said 
association,  and  expended  under  the  direction  of  its  executive 
committee,  and  the  governor  is  authorized  to  draw  his  warrant 
for  the  same,  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

This  joint  resolution  shall  take  effect  upon  its  passage. 

[Approved  March  7,  1923.] 


CHAPTER  136. 

JOINT  RESOLUTION  APPROPRIATING  MONEY  FOR  PURPOSES  OF  CONTINU- 
ING THE  WORK  OF  ERADICATING  BOVINE  TUBERCULOSIS  AND  CON- 
TROLLING AND  SUPPRESSING  CONTAGIOUS  AND  INFECTIOUS  DISEASES 
AMONG  DOMESTIC  ANIMALS. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  thirty-five  thousand  dollars  be,  and  the  same  Appropriation  for 
is,  hereby  appropriated  for  the  purpose  of  continuing  the  work  ^ubScute.''*"''''^ 
of  eradicating  bovine  tuberculosis  under  the  accredited  herd  plan, 
and  controlling  and  suppressing  contagious  and  infectious  ani- 
mal diseases  to  July  1,  1923.  The  governor  is  hereby  authorized 
to  draw  his  warrant  for  said  sum  out  of  any  money  in  the  treas- 
ury not  otherwise  appropriated. 

[Approved  March  21,  1923.] 


186 


Chapters  137,  138. 
CHAPTER  137. 


[1923 


Appropriation  in 
favor  of  Haverhill 
toward  building 
bridge. 


JOINT  RESOLUTION   IN   AID  OF   THE  TOWN   OP   HAVERHILL   IN   BUILDING 
A  BRIDGE  ACROSS  THE  CONNECTICUT  RIVER. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  ten  thousand  dollars  be  and  the  same  is 
hereby  appropriated  for  state  aid  in  the  construction  of  the 
new  highway  bridge  at  "Woodsville,  and  the  governor  is  hereby 
authorized  to  draw  his  warrant  to  the  town  of  Haverhill  for  the 
same  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

[Approved  March  22,  1923.] 


CHAPTER  138. 


Establishing  a 
free  bridge  in 
Monroe. 


JOINT  RESOLUTION  FOR  ESTABLISHING  A  FREE  BRIDGE  EST  THE  TOWN 

OF   MONROE. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  two  thousand  dollars,  or  so  much  thereof 
as  may  be  required,  is  hereby  appropriated  for  state  aid  in  the 
purchase  of  the  Lyman  bridge,  so  called,  extending  across  the 
Connecticut  river  between  the  towns  of  Monroe,  New  Hampshire, 
and  Barnet,  Vermont,  at  the  village  of  Melndoes,  or  the  privilege, 
easement  or  franchise  of  the  proprietors  of  Lyman  bridge,  and 
the  establishment  of  said  bridge  as  a  free  highway  bridge.  Said 
appropriation  shall  be  expended  under  the  supervision  of  the 
governor  and  council ;  and  the  governor  is  authorized  to  draw 
his  warrant  for  the  same  from  the  money  appropriated  for 
highways. 

[Approved  March  29,  1923.] 


1923]  Chapters  139,  140.  187 

CHAPTER  139. 

JOINT    RESOLUTION    IN    FAVOR    OF    HUBERT    J.    KENNEDY. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  three  hundred  and  seventy-five  dollars  be  Appropriation  in 
allovred  and  paid  to  Hubert  J.  Kennedy  for  expenses  arising  out  j.  Kennedy, 
of  an  accident  suffered  by  him  while  in  the  performance  of  his 
duties  as  an  employee  of  the  state  highway  department  on  or 
about  November  8,  1922;  and  that  said  sum  be  made  a  charge 
upon  the  state  aid  maintenance  fund  for  highways  and  the  state 
treasurer  is  hereby  authorized  to  pay  the  same  out  of  said  fund. 

[Approved  April  20,  1923.] 


CHAPTER  140. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF  WILLIAM  B.  DEAL. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  two  hundred  dollars  be  paid  to  the  estate  of  Appropriation  in 
William  B.  Deal,  a  member  of  the  house ;  that  the  governor  be  wiuiam  b.  Deal. 
authorized  to  draw  his  warrant  for  the  same  out  of  the  appro- 
priation for  the  expense  of  the  legislature  for  the  1923  session; 
and  that  the  same  be  paid  at  once. 

[Approved  April  20,  1923.] 


188  Chapters  141,  142.  [1923 

CHAPTER  141. 

JOINT  RESOLUTION  TO  PROVIDE  FOR  A  DEFICIT  IN  THE  APPROPRIATION 
OP  THE  NEW  HAMPSHIRE  STATE  HOSPITAL  FOR  THE  FISCAL  PERIOD' 
ENDING  JUNE  30,  1923. 

Resolved  hy  the  Senate  arid  House  of  Representatives  in  General 
Court  convened: 

d^fidrS^NeJ"''  That  the  sum  of  thirty  thousand  dollars  ($30,000)  be  and  the 
Hampshire  state  same  hereby  is  appropriated  for  the  purpose  of  providing  for 
year  ending  June  the  deficit  in  the  year  ending  June  30,  1923,  for  the  New  Hamp- 

Of)     1Q23  V  cj  /  /  ■«. 

shire  State  Hospital  in  addition  to  the  amount  provided  by  the 
Laws  of  1921 ;  the  governor  is  hereby  authorized  to  draw  his 
Avarrant  for  said  sum  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

[Approved  April  20,  1923.] 


CHAPTER  142. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  NEW  HAMPSHIRE  STATE  PRISON. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  for  That  the  following  amouuts  be  and  hereby  are  appropriated 
nfrnpshfre  s'tlte  for  the  New  Hampshire  State  Prison :  For  repairing  north  wall 
prison.  ^^  prison,  five  hundred  dollars  ($500)  ;  for  repairing  gates,  one 

thousand  dollars  ($1,000)  ;  said  amounts  to  be  expended  by  the 
trustees  of  the  New  Hampshire  State  Prison,  and  the  governor 
is  hereby  authorized  to  draw  his  warrant  for  the  same  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

[Approved  May  4,  1923.] 


1923]  Chapters  143,  144.  ^  189 

CHAPTER  143. 

JOINT  RESOLUTION   FOR  IMPROVEMENTS  AT  THE  NEW  HAMPSHIRE 
STATE   SANATORIUM. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  following  sums  are  hereby  appropriated  for  the  New  New  Hampshire 
Hampshire  State  Sanatorium :  Five  thousand  dollars  ($5,000)  fmprovements  at. 
for  repair  and  enlargement  of  electric  plant ;  five  thousand  dol- 
lars ($5,000)  to  complete  equipment  of  new  infirmary;  four 
thousand  dollars  ($4,000)  to  be  used  in  overhauling  steam  plant; 
one  thousand  dollars  ($1,000)  to  repair  and  enlarge  dam;  one 
thousand  dollars  ($1,000)  for  furnishings  for  nurses'  home;  one 
thousand  dollars  ($1,000)  for  new  equipment  for  dining  rooms 
and  kitchen;  five  hundred  dollars  ($500)  to  build  vegetable  cellar 
and  coal  pocket.  The  governor  is  hereby  authorized  to  draw  his 
warrant  for  same  out  of  any  money  in  the  treasury  not  otherwise 
appropriated, 

[Approved  May  4,  1923.] 


CHAPTER  144. 


JOINT  RESOLUTION  PROVIDING  FOR  THE  DEFICIENCY  OF   THE  NEW 
HAMPSHIRE  SCHOOL  FOR  FEEBLE-MINDED   CHILDREN. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  five  thousand  dollars  ($5,000)  be  and  hereby  New  Hampshire 
is  appropriated  for  the  New  Hampshire  School  for  Feeble-Minded  Sd 'chiidrfn'r' 
Children,  to  be  paid  out  of  the  treasury  for  the  fiscal  period  '■^w'^p^^tion  for. 
ending  June  30,  1923,  in  addition  to  the  amount  provided  by  the 
Laws  of  1921 ;  and  the  governor  is  hereby  authorized  to  draw  his 
warrant  on  the  treasury  for  an  amount  not  exceeding  the  sum 
hereby  appropriated. 

[Approved  May  4,  1923.] 


190  '  Chapters  145,  146.  [1923 

CHAPTER  145. 

JOINT   RESOLUTION    FOR   IMPROVEMENTS   AT    THE   SCHOOL   FOR   FEEBLE- 
MINDED  CHILDREN. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

vaSoX's^um^  f  That  the  following  sums  be  and  are  hereby  appropriated  for 

improvements  of  tile  New  Hampshire  School  for  Feeble-Minded  Children :  Twelve 
mimTed  "hiidrln.^"  hundred  dollars  ($1,200)  for  water-proofing  the  cement  water 
tower;  three  thousand  eight  hundred  dollars  ($3,800)  for  an  ad- 
ditional boiler;  six  thousand  dollars  ($6,000)  for  repairs  and 
equipment  of  the  farm  buildings  on  the  Charles  Sanborn  place 
to  be  used  as  a  colony  for  boys;  and  the  governor  is  hereby  au- 
thorized to  draw  his  warrant  for  the  same  out  of  any  money  in 
the  treasury  not  otherwise  appropriated. 

[Approved  May  4,  1923.] 


CHAPTER  146. 

JOINT    RESOLUTION    TO    PROVIDE    FOR    A    WATER    SUPPLY    AND    FOR 
IMPROVEMENT  OF  LAND  AT  THE  STATE  FOREST  NURSERY. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  for  That,  in  vicw  of  the  vcry  large  amount  of  waste  and  unpro- 
improvements  ductivc  land  in  Ncw  Hampshire  and  the  demand  for  young  trees 
nurse^ry.  ^""^^  for  the  reforestation  of  such  land  which  cannot  now  be  supplied 
from  the  state  nursery  or  other  nurseries  within  and  outside  the 
state  and  in  order  to  increase  the  area  of  land  available  for  use 
in  growing  forest  tree  seedlings  at  the  state  forest  nursery  and  con- 
sequently to  increase  the  output  of  such  seedlings  for  planting  on 
state  land  and  for  sale  to  land  owners  within  the  state,  there  is 
hereby  appropriated  the  sum  of  three  thousand  dollars  (i$3,000) 
for  the  construction  of  a  water  supply  and  storage  reservoir  and 
for  improvement  of  land,  said  amount  to  be  expended  under  the 
direction  of  the  forestry  commission  and  to  be  available  during 
the  fiscal  year  ending  June  30,  1924.  The  governor  is  hereby 
authorized  to  draw  his  warrant  for  said  sum  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 

[Approved  May  4,  1923.] 


1923]  Chapters  147,  148.  191 

CHAPTER  147. 

JOINT   RESOLUTION  FOR  THE  REPAIR  OF   THE  WEBSTER  BIRTHPLACE  IN 

FRANKLIN. 

Resolved  hy  the  Senate  mid  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  three  hundred  dollars  ($300)  be  and  is  hereby  Repair  of  Webster 
appropriated  for  the  repair  of  the  house  and  improvement  of  the  prankifr   "" 
farm  known  as  the  Webster  Birthplace  in  Franklin,   and  the 
governor  is  hereby  authorized  to  draw  his  warrant  for  the  same 
out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

[Approved  May  4,  1923.] 


CHAPTER  148. 


JOINT  RESOLUTION  FOR  REPAIRS  ON  STATE  HOUSE  AND   CARE  OP  TREES 

IN  YARD. 

Resolved  hy  the  Senate  and  Haiise  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  three  hundred  dollars  is  hereby  appropriated  Appropriation 
for  the  care  of  the  trees  in  state  house  yard,  and  that  the  sum  in"^  state  hous?^^ 
of  one  thousand  dollars  is  hereby  appropriated  for  each  fiscal  fr^a'(frdinary\''e- 
year,  ending  June  30,  1924  and  ending  June  30,  1925,  for  extraor- P^j^g®^ '"^  »***« 
dinary  repairs  in  the  state  house. 

[Approved  May  4,  1923.] 


192  Chapters  149,  150.  [1923 

CHAPTER  149. 

JOINT  RESOLUTION  IN  FAVOR  OF   REPAIRING  SUGAR  LOAF   ROAD  IN  THE 
TOWN    OF   ALEXANDRIA.. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  for  TiiAT  the  sum  of  two  hundred  dollars  be  and  the  same  hereby 
L(faf"ofd.  "^^^  is  appropriated  for  the  repair  of  Sugar  Loaf  road  in  the  town  of 
Alexandria  for  the  year  1923,  and  a  like  amount  for  the  year 
1924,  the  same  to  be  expended  by  the  selectmen  under  the  direc- 
tion of  the  state,  and  said  appropriation  shall  be  a  charge  upon 
the  appropriation  for  the  permanent  improvement  of  highways 
made  by  section  10,  chapter  35,  Laws  of  1905. 

[Approved  May  4,  1923.] 


CHAPTER  150. 

JOINT  RESOLUTION  FOR  THE  REPAIR  AND  IMPROVEMENT  OF  HIGHWAYS 
IN   THE  TOWN   OF  BROOKFIELD. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  for  That  the  sum  of  ouc  thousaud  dollars  be,  and  the  same  is 
provement  of  hereby  appropriated,  provided  the  town  of  Brookfield  appropriate 
BrookfieiV"  ^  like  amouut,  for  the  repair  and  improvement  of  that  portion 

of  the  main  road  between  the  village  of  Sanbornville  in  the  town 
of  "Wakefield,  and  the  village  of  Wolfeboro  in  the  town  of  "Wolfe- 
boro,  lying  in  said  town  of  Brookfield,  for  the  year  1923  and  a  like 
sum  for  the  year  1924.  The  same  to  be  expended  under  the 
direction  of  the  commissioner  of  highways  and  said  sums  are 
hereby  made  a  charge  upon  the  maintenance  funds,  as  provided 
by  section  10,  chapter  35,  Laws  of  1905. 

[Approved  May  4,  1923.] 


1923  J  Chapters  151,  152.  193 

CHAPTER  151. 

JOINT  RESOLUTION   FOR  THE  REPAIR  OF   THE   HIGHWAY  LEADING  FROM 
DORCHESTER   TO   LYME. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  four  hundred  dollars  ($400)  be  and  hereby  is  ^e^a'r^'S^hi'ghway 
appropriated  for  the  repair  of  the  highway  leading  from  Doi"-/o°LymJ°''''^'*''' 
Chester  to  Lyme,  beginning  at  the  junction  of  the  Lyme  road, 
so  called,  and  the  North  Dorchester  road,  in  the  town  of  Dor- 
chester, thence  continuing  over  said  Lyme  road,  so  called,  to  a 
point  in  the  town  of  Lyme,  about  two  (2)  miles  east  of  Lyme 
center;  providing  that  the  towns  of  Dorchester  and  Lyme,  con- 
tribute two  hundred  dollars  ($200)  each  for  the  same  purpose, 
said  sums  to  be  expended  under  the  direction  of  the  highway 
commissioner. 

[Approved  May  4,  1923.] 


CHAPTER  152. 

JOINT  RESOLUTION  FOR  THE  IMPROVEMENT  OF  THE  MAIN  ROAD  LEADING 
FROM    EFFINGHAM    FALLS   TO   SOUTH   EFFINGHAM. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  fifteen  hundred  dollars  ($1,500)  for  the  year  Appropriation  for 
1923  and  a  like  sum  for  the  year  1924  be  and  hereby  is  appro- 'miu^ro'^d^from 
priated,  on  condition  that  the  town  of  Effingham  appropriates  fo'^'south  Effiig- 
seven  hundred  and  fifty  dollars  ($750)  for  each  of  the  two  years,  ^^™- 
for  the  improvement  of  the  main  road  leading  from  Effingham 
Palls  to  South  Effingham.     The  said  sums  appropriated  by  the 
state  and  by  the  town  shall  be  expended  under  the  direction  of 
the  highway  commissioner  and  the  sums   appropriated  by   the 
state  shall  be  a  charge  upon  the  maintenance  funds  as  provided 
])y  section  10,  chapter  35,  Laws  of  1905. 

[Approved  May  4,  1923.] 


194  Chapterr  153,  154.  [1923 

CHAPTKR  153. 

JOINT    RESOLUTION    FOR    THE    IMPROVEMENT    OP    A    HIGHWAY    LEADING 
FROM    FREEDOM    TO    EAST    MADISON. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  for       That  the  suiTi  of  fourteen  hundred  dollars    ($1,400)    for  the 

improvement   of  ^r^r^,^  -i  -,•■,  c  ,-i  -i  rvn  <     i  t     i  i  • 

highway  from  year  1923  and  a  like  sum  for  the  year  1924  be  and  hereby  is 
Ma'ifiso"  "^  ^^^  appropriated,  on  condition  that  the  town  of  Freedom  appropriates 
seven  hundred  ($700)  for  each  of  the  two  years,  for  the  im- 
provement of  the  highway  leading  from  Freedom  to  East  Madison. 
The  said  sums  appropriated  by  the  state  and  l)y  the  town  shall 
be  expended  under  the  direction  of  the  highway  commissioner  and 
the  sums  appropriated  by  the  state  shall  be  a  charge  upon  the 
maintenance  funds  as  provided  by  section  10,  chapter  35,  Laws  of 
1905. 

[Approved  May  4,  1923.] 


CHAPTER  154. 


JOINT  RESOLUTION  FOR  THE  IMPROVEMENT  OF  THE  MAIN  ROAD  IN  THE 
TOWN  OF  TAMWORTH  FROM  WHITTIER  TO  CHOCORUA. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  for  That  the  sum  of  four  thousaud  dollars  ($4,000)  for  the  year 
main'^'road"  in  1923  and  a  like  sum  for  the  year  1924  be  and  liereby  is  appro- 
priated for  the  permanent  improvement  of  the  main  road  in  the 
town  of  Tamworth,  leading  from  the  Ossipee-Meredith  road  at 
Whittier  to  the  East  Side  road  at  Chocorua,  providing  that  the 
town  of  Tamworth  appropriates  two  thousand  dollars  ($2,000) 
for  each  of  the  two  years,  these  sums  to  be  expended  under  the 
direction  of  the  highway  commissioner;  and  the  said  sums  ap- 
propriated by  the  state  are  made  a  charge  upon  the  maintenance 
funds  as  provided  by  section  10,  chapter  35,  Laws  of  1905. 

[Approved  May  4,  1923.] 


1923]  Chapters  155,  156.  195 

CHAPTER  155. 

JOINT  RESOLUTION  IN  FAVOR  OP  EUCLIDE  AND  MARIE  HALDE,  PARENTS 
OF  WILFRED  X.  HALDE,  FORMERLY  PRIVATE,  BATTERY  B  172nd  FIELD 
ARTILLERY,  NEW  HAMPSHIRE  NATIONAL  GUARD,  KILLED  SEPTEMBER 
23,    1922,    AT    CONCORD,    NEW    HAMPSHIRE. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  Euclide  Halde  and  Marie  Halde,  parents  of  the  late  Wilfred  Ap^^^p^''**^"^ 
X.  Halde,  formerly  Private,  Battery  B  172nd  Field  Artillery  New  parents  of  wiifred 
Hampshire  National  Guard,  accidentally  killed  at  the  Boston  and 
Maine  Railroad  yards,  Concord,  New  Hampshire,  September  23, 
1922,  while  in  the  service  of  the  state  of  New  Hampshire, 
be  allowed  the  sum  of  one  thousand  dollars,  and  the  governor  is 
authorized  to  draw  his  warrant  for  the  same  out  of  any  moneys  in 
the  treasury  not  otherwise  appropriated. 

[Approved  May  4,  1923.] 


CHAPTER   156. 

JOINT  RESOLUTION  IN  FAVOR  OF  CHARLES  H.  CHANDLER. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum'  of  one  hundred  and  sixty  dollars  be  allowed  and  Appropriation  in 
paid  Charles  H.  Chandler  for  expenses  arising  out  of  an  accident  il  "chandier.'''^  '^* 
while  in  the  performance  of  his  duties  as  an  employee  of  the  state 
highway  department,  the  same  to  be  charged  to  the  general  state 
aid  maintenance  account. 

[Approved  May  4,  1923.] 


196  Chapters   157,  158.  [1923 

CHAPTER  157. 

JOINT  RESOLUTION    IN    FAVOR   OF   THE   MARGARET    PILLSBURY   GENERAL 
HOSPITAL  AND  DR.  JAMES  W.  JAMESON. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  in  That  the  sum  of  fifteen  clollars  and  eighty-five  cents  be  allowed 
galet  Piiisbury  and  paid  to  the  Margaret  Pillsbury  General  Hospital  and  the  sum 
fn'rDr.  jamesV.  of  twcnty-seven  dollars  be  allowed  and  paid  to  Dr.  James  W. 
Jameson.  Jameson  for  services  on  account  of  Avery  G.  Davis,  who  was  in- 

jured on  April  6,  1921,  while  in  the  performance  of  his  duties  as 
an  employee  of  the  state  forestry  department  and  the  governor 
is  hereby  authorized  to  draw  his  warrant  for  said  sums  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

[Approved  May  4,  1923.] 


CHAPTER  158. 

JOINT   RESOLUTION   IN   FAVOR  OF   K.   R.   FOSTER. 

Resolved  hy  ihr  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  That  K.  R.  Fostcr  be  allowed  the  sum  of  $61.17  in  full  payment 

in     favor    of  ci  •        ^  i-  i-  n-    •  -ii 

K.  R.  Foster.  tor  damagcs  sustained  to  his  truck  m  collision  with  the  state 
prison's  truck  on  January  24,  1922,  and  that  the  said  sum  shall  be 
a  charge  against  the  maintenance  fund  of  the  state  prison. 

[Approved  May  4,  1923.] 


1923]  Chapters  159,  160,  161.  197 

CHAPTER  159. 

JOINT  RESOLUTION  IN  FAVOR  OP  HENRY  GIDDlS. 

Resolved  hy  the  Senate  (Did  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  $20  be  allowed  Henry  Giddis  for  damage  to  t!Xr'^of'*He''nry 
sleigh   and  contents   caused  by  horse  being   scared  by   tractor  Giddis. 
owned  and  operated  by  the  state  highway  department,  on  March 
2,  1928,  and  the  same  be  made  a  charge  upon  the  appropriation 
for  maintenance  of  state  aid  highways. 

[Approved  May  4,  1923.] 


CHAPTER  160. 

JOINT  RESOLUTION  IN  FAVOR  OF  CLARENCE  G.  GOVE. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  fifty  dollars   ($50)   be  allowed  and  paid  to  Appropriation 

•'  \  r        /  ^    ^  1  .in    favor    of 

Clarence  G.  Gove  for  expense  and  damage  arising  out  of  an  acci-  Clarence  g. 
dent  to  his  horse  while  his  team  was  being  passed  by  a  truck 
operated   by   the   state   highway   department.        Said   sum    to   be 
charged  upon  the  appropriation  for  maintenance  of  highways. 

[Approved  May  4,  1923.] 


CHAPTER  161. 


JOINT  RESOLUTION  TO  ASSIST  THE  CITIES  OF  PORTSMOUTH  AND  DOVER 
IN  CELEBRATING  THE  THREE  HUNDREDTH  ANNIVERSARY  OF  THE  FIRST 
SETTLEMENT  OF  THE  STATE. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  five  thousand  dollars  be  and  the  same  is  Appropriation 
hereby  appropriated  out  of  any  money  in  the  treasury,  not  other- Port^Zu'th*"*^ 
wise  appropriated,  to  assist  the  city  of  Portsmouth  in  the  ter-  tercentenary. 


198  Chapters  162,  163.  [V.)2:] 

centenary  celebration  of  the  first  settlement  of  tlie  state,  and 
tliat  a  like  sum  be  and  tlie  same  is  hereby  appropriated  to  assist 
the  city  of  Dover  in  the  same  celebration,  and  that  the  further 
sum  of  fifty  dollars  be  hereby  appropriated  for  the  payment  of 
expenses  incurred  by  the  tercentenary  commission. 

[Approved  May  4,  1923.] 


CHAPTER  162. 

JOINT   RESOLUTION    IN    AID   OF   THE   SPANISH    WAR   VETERANS. 

Resolved  h\j  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  in       That  the  sum  of  three  thousand  dollars  is  hereby  appropriated 

aid  of  Spanish  •        ,i         ,  j        j_i  •  •    j.    j 

war  veterans.  out  of  any  mouey  in  the  treasury,  not  otherwise  appropriated, 
to  be  applied  toward  the  expense  of  the  twenty-fifth  anniversary 
of  the  First  New  Hampshire  Volunteers  of  the  Spanish  War  on 
May  17,  1923,  to  be  held  at  Concord. 

[Approved  May  4,  1923.] 


CHAPTER  163. 

JOINT  RESOLUTION  PROVIDING  FOR  THE  MAKING  OF  IMPROVEMENTS, 
PURCHASE  OF  PROPERTY  AND  NECESSARY  REPAIRS  UPON  THE  BUILD- 
INGS AND  GROUNDS  OF  THE  NEW  HAMPSHIRE  VETERANS'  ASSOCIA- 
TION AT  THE  WEIRS  FOR  THE  FISCAL  YEARS  1923-1924  AND  1924- 
1925. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

Appropriation  That  the  sum  of  three  thousand  dollars  be  and  hereby  is  ap- 

a^'nd  ^pai'rs^Tf"  *  propriatcd  for  the  fiscal  year  ending  June  30,  1924,  and  the  same 
New^Hampshirl    amouut  for  the  fiscal  year  ending  June  30,  1925,  for  the"  purpose 
t^rTt^  wdrs.**'    t)f  making  improvements  and  necessary  repairs  upon  and  in  ad- 
dition  to   the   buildings   and   grounds    of   the   New   Hampshire 


1923]  CiiAPTEH  164.  199 

Veterans'  Association  at  the  Weirs,  said  appropriation  of  three 
thousand  dollars  for  each  of  the  fiscal  years  named  above  to  be 
expended  by  an  agent  appointed  by  the  governor  and  council, 
and  the  governor  is  authorized  to  draw  his  warrant  for  the  pay- 
ment of  such  sums  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

[Approved  May  4,  1923.] 


CHAPTER  164. 

.JOINT  RESOLUTION  TO  ENABLE  THE  STATE  TO  CO-OPERATE  WITH  THE 
UNITED  STATES  IN  THE  PROMOTION  OF  THE  WELFARE  AND  HYGIENE 
OF  MATERNITY  AND  INFANCY  IN  THE  STATE  OF  NEW  HAMPSHIRE. 

Resolved  by  the  Senate  cutd  House  of  Representatives  in  General 
Court  convened: 

That  the  sum  of  seven  thousand  nine  hundred  and  eighty-eight  Appropriatiou 
dollars  and  thirty-one  cents  ($7,988.31)  be  and  the  same  is  hereby  with  federal  gov- 
appropriated  to  be  paid  out  of  the  treasury  of  the  state  for  the  rn'oUon^of^hygfene 
fiscal  year  ending  on  the  thirtieth  day  of  June,  one  thousand  nine  fnfa'Scy*!'^'''*'^  ^""^ 
hundred  and  twenty-four  and  that  a  like  sum  be  and  the  same 
is  hereby  appropriated  out  of  the  treasury  of  the  state  for  the  fiscal 
year  ending  on  the  thirtieth  day  of  June,  one  thousand  nine  hun- 
dred and  twenty-five  to  be  used  and  expended  under  the  direction 
of  the  state  board  of  health  for  the  purpose  of  co-operating  with 
the  United  States  in  the  promotion  of  the  welfare  and  hygiene 
of  maternity  and  infancy  in  the  state  of  New  Hampshire ;  the 
foregoing  appropriation  to  be  contingent  upon  federal  legislation 
making  appropriations  of  money  to  be  expended  in  like  amount 
under  the  provisions  of  S.  1039  (Sheppard-Towner  Act),  An  Act 
for  the  promotion  of  the  welfare  and  hygiene  of  maternity  and  in- 
fancy and  for  other  purposes.  Provided,  that  should  the  federal 
appropriation  above  described  become  unavailable  by  reason  of 
an  adverse  decision  of  the  United  States  supreme  court,  or  other- 
wise, then  the  sums  herein  appropriated  to  be  paid  out  of  the 
treasury  of  the  state  shall,  nevertheless,  be  so  paid  out  for  either 
or  both  of  the  next  two  fiscal  years,  to  be  used  and  expended  under 
the  direction  of  the  state  board  of  health  for  the  promotion  of  the 
welfare  and  hygiene  of  maternity  and  infancy. 

No  official,  or  agent,  or  representative  in  carrying  out  the  pro- 


200  Chapter  165.  [1923 

visions  of  this  act  shall  enter  any  home  or  take  charge  of  any 
child  over  the  objection  of  the  parents,  or  either  of  them,  or  the 
person  standing  in  loco  parentis  or  having  custody  of  such  child. 
#  [Nothing  in  this  act  shall  be  construed  as  limiting  the  power  of  a 

parent  or  guardian  or  the  person  standing  in  loco  parentis  to  de- 
termine what  treatment  or  correction  shall  be  provided  for  a  child 
or  the  agency  or  agencies  to  be  employed  for  such  purpose. 

[Approved  May  4,  1923.] 


CHAPTER  165. 


JOINT  RESOLUTION  TO  PROVIDE  FOR  CO-OPERATION  Wmi  THE  UNITED 
STATES  GEOLOGICAL  SURVEY  IN  THE  ESTABLISHMENT  AND  MAIN- 
TENANCE  OF  STREAM   FLOW  GAUGING  STATIONS. 

Resolved  hy  the  Senate  and  House  of  Representatives  m  General 
Court  convened: 

.  .  .  That  the  sum  of  three  thousand  dollars  ($3,000),  or  so  much 
co-operation  with  thereof  as  may  be  necessary,  is  hereby  appropriated  to  be  used 
caf^sulveT^in^'  and  expended  under  the  direction  of  the  public  service  commission 
"rlam'flol  for  the  purposc  of  co-operating  with  the  United  States  Geological 

gauging  stationfs.  g^ipvey  in  the  establishment  and  maintenance  of  stream  flow  gaug- 
ing stations  on  streams  of  this  state  for  the  purpose  of  providing 
the  people  of  the  state  with  information  that  will  further  indus- 
trial development. 

A  report  of  the  results  of  this  work  and  recommendations  based 
thereon,  shall  be  made  to  the  next  legislature. 

[Approved  May  4,  1923.] 


1923]  Chapters  166,  167.  201 

CHAPTER  166. 

JOINT  RESOLUTION  RELATING  TO  THE  CALLING  OP  THE  CONSTITUTIONAL 

CONVENTION. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  the  officers  of  the  towns  and  cities  of  this  state  who  are  Town  officers  to 
by  law  required  to  warn  meetings  for  the  election  of  state  senators  fng'^'th^e  s^Jnse  of 
shall  expressly  insert  in  the  warrants  calling  a  meeting  for  the  next  ^f^fj^  ^f  the 
election  of  senators  an  article  which  shall  provide  for  taking  the  ing**the**°ear^"'^ 
sense  of  the  qualified  voters  of  the  state  on  the  subject  of  a  re-  i924. 
vision  of  the  constitution  during  the  year  1924 ;  and  the  secretary 
of  state  shall  so  prepare  the  ballots  which  shall  be  used  at  said 
election  that  an  opportunity  shall  be  given  for  an  expression  of 
the  sense  of  the  voters  upon  the  question. 

[Approved  May  4,  1923.] 


CHAPTER  167. 

JOINT    RESOLUTION    IN    FAVOR   OP    JAMES    W.    PRIDHAM,   PREDERICK    W. 
MOORE   AND    OTHERS. 

Resolved  hy  the  Senate  and  House  of  Representatives  in  General 
Court  convened: 

That  James  W.  Pridham,  sergeant-at-arms,  and  Frederick  W.  Sundry  aiiow- 
Moore,  sergeant-at-arms,  be  allowed  the  sum  of  $477  each ;  that  vices,   expenses 
Herbert  R.  Whitelock,  chaplain,  be  allowed  the  sum  of  $424 ;  that  ^""^  supplies. 
Charles  H.  McDuffee,  custodian,  be  allowed  the  sum  of  $424 ;  that 
John  H.  Emerson,  Richard  J.  Lee,  Patrick  H.  O'Neill,  Arthur  G. 
Dugas,  Bartholomew  J.  Hargreaves,  Jeremiah  J.  Healey,  Selden 
P.  Tuttle,  James  A.  Kearns,  Frank  M.  Ayer,  Richard  W.  Walton, 
Charles  E.  Wendell,  Joab  N.  Patterson  and  Robert  M.  Clark  be 
allowed  the  sum  of  $424  each ;  that  Elizabeth  H.  Sanborn  be  allowed 
the  sum  of  $864;  that  Bessie  A.  Callaghan  be  allowed  the  sum  of 
$636;  that  Alice  V.  Flanders,  Irene  C.  O'Reilly,  Margaret  F.  Cam- 
eron and  Norah  A.  Dwyer  be  allowed  the  sum  of  $477  each ;  that 
Chester  Mooney,   John   Burke,   Edgar  Chevrette,  James  E.   Con- 
nell,  Jr.  and  Francis  Foley  be  allowed  the  sum  of  $255  each ;  that 
Emile  Dupuis  be  allowed  the  sum  of  $306 ;  that  Randolph  W. 


202  Chapter  167.  [1923 

Branch  and  Bernard  B.  Chase,  clerk  of  the  house  and  senate, 
respectively  be  allowed  the  sum  of  $300  each ;  that  Alvin  A.  Lucier 
and  Benjamin  F,  Greer,  Jr.,  assistant  clerk  of  the  house  and  senate, 
respectively,  be  allowed  the  sum  of  $300  each;  that  Peter  Smith 
be  allowed  the  sum  of  $4 ;  that  the  Keene.  Sentinel  be  allowed  the 
sum  of  $6 ;  that  the  Portsmouth  Times  be  allowed  the  sum  of  $2.50 ; 
that  the  Portsmouth  Herald  be  allowed  the  sum  of  $7 ;  that  the 
Laconia  Democrat  be  allowed  the  sum  of  $1.36 ;  that  Alexander 
Murchie  be  allowed  the  sum  of  $500;  that  William  M.  Haggett  be 
allowed  the  sum  of  .$253.40 ;  that  Emma  C.  Clapp  be  allowed  the 
sum  of  $296.80;  that  William  D.  Chandler  be  allowed  the  sum  of 
$118.58 ;  that  the  Edson  C.  Eastman  Company  be  allowed  the  sum 
of  $532.70 ;  that  Agnes  Collins  be  allowed  the  sum  of  $3 ;  that  the 
Buxton  Greenhouses  be  allowed  the  sum  of  $10;  that  the  State 
House  Department  be  allowed  the  sum  of  $747.72;  that  the  New 
Hampshire  Patriot  Company  be  allowed  the  sum  of  $256.30 ;  that 
the  Bektash  Temple  be  allowed  the  sum  of  $100 ;  that  Alice  V. 
Flanders  be  allowed  the  sum  of  $1.25 ;  that  Elizabeth  H.  Sanborn 
be  allowed  the  sum  of  $12.05;  that  the  Telegraph  Publishing  Com- 
pany be  allowed  the  sum  of  $6.70 ;  that  the  Times  Publishing  Com- 
pany be  allowed  the  sum  of  $2.50;  that  the  Manchester  Daily 
Mirror  be  allowed  the  sum  of  $353.64 ;  that  the  Monitor-Patriot 
Company  be  allowed  the  sum  of  $456.96 ;  that  the  Union  Leader 
Publishing  Company  be  allowed  the  sum  of  $671.55 ;  that  Wesley 
Adams  be  allowed  the  sum  of  $1.52;  that  Frederick  W.  Moore  be 
allowed  the  sum  of  $.75 ;  that  William  M,  Haggett  be  allowed  the 
sum  of  $127 ;  that  Edson  C.  Eastman  Company  be  allowed  the 
sum  of  $33.08 ;  that  J.  H.  Forster  be  allowed  the  sum  of  $7 ;  and 
that  Fred  W.  Bickford,  governor's  messenger,  be  allowed  the  sum 
of  $424. 

[Approved  May  4,  1923. J 


1923]  Chapter  168.  203 

CHAPTER  168. 

NAMES  CHANGED. 

From  January,  1921,  to  January,  1923,  the  registers  of  probate  By  probate 
returned  to  the  secretary  of  state  the  following  changes  of  names  '^°^^  ^' 
made  by  the  probate  court : 

Rockingham  County — Bessie  A.  Smith  to  Bessie  A.  Smith  Pat- Rockingham, 
ten;  Mary  Elizabeth  Adams  to  Mary  Elizabeth  Grout;  Violet  Ruby 
Huber  to  Violet  Ruby  Jones ;  Harvey  Milligan  to  Harvey  Stowe ; 
Lawrence  Holman  to  Lawrence  Parker  Beran;  Edgar  Bean  to 
Harry  Charles  Enire;  Aurora  Allard  to  Aurora  Alice  Desrosiers; 
Marion  Elinor  Fiske  to  Marion  Elinor  Moore;  Margaret  Ellen 
Clifford  to  Margaret  Ellen  Bennett;  Jennie  Aramenta  Wood  to 
Jennie  Aramenta  Wood  Ransom ;  Florence  Lillian  Vose  to  Florence 
Lillian  Sargent ;  Alma  Louise  Vose  to  Alma  Louise  Sargent ;  Marie 
Lavoie  to  Corinne  Elizabeth  Marie  Lamoureux;  Mabel  Osgood  to 
Mabel  Jean  Catlin ;  Grace  Small  Fuler  to  Grace  Culver  Small ; 
John  J.  Hoban,  Jr.  to  George  Waldo  Clough ;  Clara  L.  Irving  to 
Clara  L.  Felch ;  Minnie  S.  Hayford  to  Mary  Sargent  Hayf ord ; 
Mildred  Laura  Ballou  to  Mildred  Elizabeth  Faulkner;  Catherine 
E.  Foley  to  Doris  Elizabeth  Wilson;  Daniel  Webster  to  Daniel 
Webster  Harvey;  Minnie  Jane  Collins  to  Minnie  Jane  Sanborn; 
Emerson  Sanger  Spinney  to  Emerson  Sumner  Spinney;  Hazel 
Twing  to  Hazel  Agnes  Dickey;  Albert  L.  Fieldsend,  Jr.  to  James 
W.  Petitpas. 

Strafford  County — Eleanor  Collins  to  Eleanor  M.  Flanagan ;  straflford. 
Donald  Ray  to  Nathan  Howard  Babcock ;  Orman  Alfred  to  Orman 
Alfred  Dodge ;  Merlin  H.  Nelson  to  Merlin  H.  Canney ;  Beatrice 
Eliza  Patterson  to  Beatrice  Eliza  Moulton ;  Bernard  Whitehouse 
to  Bernard  Whitehouse  (adpt.)  ;  George  C.  H.  Markopoulos  to 
George  Markos;  Ruth  E.  Sutermeister  to  Ruth  E.  Watson ;  Reginald 
J.  Murphy  to  Reginald  J.  Pollock ;  Norman  L.  Ellis  to  Norman  L. 
Quimby ;  Belle  Louise  LeBreton  to  Mary  Reta  Baeulieu ;  Gertrude 
May  McKensie  to  Gertrude  May  Tatro ;  Lena  Herman  to  Clare  E. 
Ellison ;  Lillian  V.  Scruton  to  Lillian  Helen  Locke ;  Susan  E.  Gunn 
to  Susan  Ethel  Robinson, 

Belknap  County — Irene  Stamboski  to  Eiliene  -E,  Turcotte Belknap, 
(adpt.);  Alvina  Wilkinson  to  Alvina  Wilkinson;  Ralph  Swift  to 
Ralph  Carpenter  (adpt.)  ;  Richard  Leroy  Hillsgrove  to  Cameron 
Junior  Haynes  (adpt.)  ;  Ida  Idell  Richardson  to  Ida  Idell  Shaw; 
Blanche  B.  Barrett  to  Blanche  Bundy  Gordon ;  Ethel  M.  Swift  to 
Ethel  M.  Baldi;  Ernest  Henry  Cloutier  to  Ernest  Henry  Smith 
(adpt.)  ;  Viola  Tilton  to  Viola  Jewell  Miller  (adpt.)  ;  Walter  Myron 
Tilton  to  Walter  Levi  Hoyt  (adpt.)  ;  Ellen  Augustine  Tilton  to 
Ellen  Augustine  Hoyt   (adpt.)  ;  Nora  Belle  Buswell  to  Isa  Belle 


204 


Chapter  168. 


[1923 


Buswell;  Gerald  Fowler  to  Gerald  Charles  Combs  (adpt.)  ;  Cather- 
ine F.  Lynch  to  Katherine  F.  Rodgers  (adpt.)  ;  Bertha  F.  Fonhy 
to  Bertha  F.  Copp ;  Louise  Shackford  to  Louise  Olive  Brown 
(adpt.)  ;  John  Elwood  Compronie  to  John  Elwood  Benton  (adpt.)  ; 
Ruth  P.  Jones  to  Ruth  Plummer  Osgood ; Fisher  to  Wil- 
fred A.  Labine  (adpt.)  ;  Esther  S.  Mills  to  Esther  Stickle;  Mary 
Elizabeth  Appleton  to  Mary  Elizabeth  Clark  (adpt.)  ;  John  R. 
Pickering  to  John  Ralph  Holden  (adpt.)  ;  Edmand  Orr  to  Harold 
W.  Smith  (adpt.)  ;  Hardy  B.  Flanders  to  Hardy  Fuller  Reynolds; 
Lonice  Hibbard  Flanders  to  Lonice  Hibbard  Reynolds. 

Carroll.  Carroll    County — Lillian    Winnifred    Eraser    to    Mary    Eraser 

Hobbs ;  Mary  Viola  McLean  to  Mary  Viola  Robinson ;  Richard 
Baker  to  Richard  Bedard ;  Silas  Parker  to  John  Parker  Lee ;  Shir- 
ley Ruth  Hulburt  to  Shirley  Ruth  Rogers. 

Merrimack.  Mcrrimack  Couuty — Joseph   Grandiose  Alfred   Couture  to   El- 

phage  Joseph  Couture ;  Lawrence  C.  Reif  to  Lawrence  C.  LeBean ; 
Stillman  G.  Foster  to  Stillman  Foster  Davis ;  Winnie  M.  Putney  to 
Winnifred  M.  Putney ;  Flora  Eva  Bly  to  Florence  Ena  Bly ;  Ken- 
neth R.  Fuller  to  Kenneth  R.  Towle ;  Fannie  W.  Bennett  to  Fannie 
W.  Harvey. 

Hillsborough.  Hillsborough  County^ — Roberta  May  Sharpless  to  Roberta  May 

Nichols;  Robert  Sharpless  to  Robert  Eugene  Nichols;  Mary  Boyn- 
ton  to  Mary  Nichols;  Laura  B.  Wentworth  to  Laura  B.  Moquin ; 
Leonore  A.  Burns  to  Lenore  A.  Wingate;  Mary  M.  Thibodeau  to 
Mary  M.  Thurber;  Susan  J.  Abbott  to  Susan  J.  Ryerson ;  Lillian 
May  Greager  to  Lillian  May  Wood ;  Ethel  A.  Welpley  to  Ethel  A. 
Scheer ;  John  Toivanen  to  John  Adams ;  Maria  Toivanen  to  Maria 
Adams;  Helmi  Toivanen  to  Helen  Adams;  Tyyne  Toivanen  to 
Tyyne  Adams ;  Heleue  Bouchard  to  Helene  Lachance  ;  Daniel  Fred- 
erick 0  'Neil  to  Daniel  Frederick  Robinson ;  Linda  Modis  to  Linda 
Kuhn ;  Gladys  R.  Pepler  to  Gladys  Elizabeth  Render ;  Howard  L. 
Rousseau  to  Howard  L.  Brooks;  Ralph  Taylor  to  Ralph  Chase; 
Hattie  M.  A.  Choate  to  Hattie  M.  A.  Sanborn;  John  Gossler  to 
John  Reich ;  Alfred  Joseph  Lamore  to  Frederick  Joseph  Baker ; 
Lena  Clough  Parker,  to  Lena  Clough  Philbrick ;  Gladys  Irene 
Learned  to  Gladys  Irene  Sweatt;  Nicholas  Gregoris  Tringozis  to 
Nichols  Gregoris  Tringoson;  Arthur  Peter  Hartwich  to  Arthur 
Paul  Modis ;  Joseph  Henri  Forbes  to  Joseph  Henri  Dion ;  Adelaide 
J.  Marrott  to  Adelaide  J.  Jenness;  Edith  Thayer  Duncklee  to 
Edith  Thayer  Packard;  Charles  Colarusso  to  Charles  A.  Russi ; 
Betsey  Hutchins  to  Betsey  Lovejoy ;  Mildred  Naomi  Hatjigogas  to 
Mildred  Naomi  McBride ;  Minnie  B.  Jaquith  to  Minnie  B.  Farley ; 
Kathryn  P.  Haskell  to  Kathryn  P.  Burns ;  Frances  Joseph  Weagle 
to  Francis  Joseph  Powell ;  Marie  Clarinda  Langelier  to  Marie  Alida 
Langelier;  Laura  Wolf  Meunier  to  Laura  Wolf;  Robert  Pember 
to  Robert  Cote;  Blanche  Claire  Lavoie  to  Blanche  Claire  Jolin; 


1923]  Chapter  168.  205 

William  Alfred  Best  to  Arthur  Howard  Bills ;  Lola  Walters  to  Ella 
Alberta  Barton ;  Olea  Valley  to  Rhea  Mary  Ball ;  Jules  Albert 
Lehman  to  Jules  Albert  Coppez;  George  King  Sullivan  to  George 
Amos  Ward ;  Violet  Manseau  to  Violet  Carignan ;  Oscar  Boyer  to 
Oscar  Andrew  Bourso ;  Doris  Dupont  St.  Jacques  to  Doris  Ga- 
mache ;  Harry  Carr  Reynolds  to  Harry  Carr  Smith ;  Marcel  Bonen- 
f ant  to  Marcel  Demers ;  Baby  Giddings  to  John  Wesley  Wright,  Jr. ; 
Joseph  Harry  Kean  to  Joseph  Harry  Loranger ;  Geraldine  Barbara 
Lawson  to  Lola  Jane  Hesselden ;  Charles  Edward  Burns  to  Charles 
Edward  Langston ;  Marie  Murial  Thalma  to  Muriel  Talma  Morin ; 
Hazel  Mae  Duncan  to  Hazel  Duncan  Barrett ;  Doris  May  St.  John 
to  Doris  May  Gregg ;  Augusta  Elizabeth  Heacock  to  Augusta  Eliza- 
beth Johnson ;  Mary  J.  H.  Petit  to  Nellie  P.  Jones ;  Clarence  Henrj- 
Shaw  to  Stuart  Arthur  Marshall ;  Peter  Smith  to  Joseph  Raymond 
Lambert ;  Aurore  'Dube  to  Aurore  Gaudet ;  Marie  Anne  Dube  to 
Marie  Anne  Gaudet ;  Dorothy  May  Robinson  to  Dorothy  May  The- 
bodeau ;  Eugene  Spalding  to  George  Allyson  Franke ;  Reginald  S. 
Frazier  to  Dennis  D.  Blain ;  Winslow  Manchester  to  Winslow  Man- 
chester Jackson ;  James  Whiting  Brianos  to  James  G.  Politis ;  Ruth 
Evelyn  Healy  to  Ruth  Evelyn  Shurburne;  Charles  MacLeod  to 
Charles  Ready;  George  Foss  to  Earl  Shaw;  Robert  Burns  Patten 
to  Robert  Burns  Davis;  Doris  Louise  Chandler  to  Marjorie  Ells- 
worth Moorby ;  Rita  Trottier  to  Rita  Doucette ;  Howard  Clinton 
Adams  to  Harold  Clifton  Sturtevant;  William  Sevigny  to  Leo 
Charland ;  Catherine  Edith  Brown  to  Catherine  Edith  Sleeper ; 
Beatrice  S.  Hill  to  Beatrice  S.  Currul;  Margaret  Josephine  Daley 
to  Rita  Seymour;  Marie  Yvette  Soucy  to  Marie  Yvette  Gamelin; 
C.  Amy  Wilder  to  Charlotte  Wilder  Ryder;  Blanche  Auclair  to 
Blanche  Auclair  Allard ;  Gertrude  Couturier  to  Gertrude  Demers ; 
Helen  Reed  to  Helen  Reed  Moss ;  Ha  Marie  MacDonald  to  Ha  Marie 
Mason  ;  Erma  Mabel  Laschkowsky  to  Erma  Mabel  Neumann ;  Eliza- 
beth Thayer  to  Irene  Royer;  Robert  Allen  Shortsleeve  to  Robert 
Allen  Newman ;  Agnes  0  'Brien  to  Agnes  Tourant ;  Mary  Duffy  to 
Mary  Duffy  Moss;  Robert  Currier  to  Edward  Howe;  Elizabeth 
Raymond  to  Elizabeth  Normand. 

Cheshire  County — Cora  E.  Morrill  to  Eileen  Morrill  0  'Brien ;  Cheshire. 
Arthur  Calkins  to  Arthur  Sharkey;  Mary  Vida  Desilets  to  Mary 
Vida  Shevlin ;  Lester  Walter  Blanchard  to  Edward  James  Gratto ; 
Charlotte  E.  Burns  to  Charlotte  Elsie  Shattuck;  Mary  L,  Zapula 
to  Mary  L.  Bucossi ;  Louis  Zapula  to  Louis  Bucossi ;  Vita  Zapula  to 
Vita  Bucossi ;  Ida  Asiala  to  Ida  Matilla ;  Reginald  Pratt  to  Reginald 
Spencer  Aldrich ;  Virginia  Lathrop  Dow  to  Virginia  Lathrop 
Adams;  Vivian  Orrie  Buswell  to  Vivian  Orrie  Worcester;  Marion 
Lang  to  Marion  Donnelly ;  Roy  Guyette  to  Roy  Wendell  Williams ; 
Grace  May  Dudley  to  Grace  May  Darling ;  Marcia  Alice  Greene  to 
Marcia  Alice  Chadon;  Jane  Staples  to  Jane  Ruth  Wheeler ;  Dorothy  ' 


206  Chapter  168.  [1923 

Marsh  Cabrol  to  Dorothy  Jessie  Marsh;  Hollis  Whiteomb  Abbott 
to  Charles  Wescott  Giles ;  Roberta  Mavis  Powers  to  Roberta  Mavis 
Patrick ;  Thelma  Agnes  McClure  to  Thelina  Agnes  Wheeler. 

Sullivan.  Sullivan  County — Eva  M.  Stevens  to  Eva  M.  Demars;  Selina 

Jane  Eastman  to  Selina  Jane  Roberts ;  Mae  S.  Mahoney  to  Mae  S. 
Sulham ;  Ruth  Evelyn  Rising  to  Ruth  Evelyn  Freeman ;  William  W. 
C.  Vandegrift  to  Billy  B.  Van;  Lillian  Champlin  Ager  to  Lillian 
Champlin ;  Mary  R.  Dion  to  Mary  R.  Lizzotte ;  Malcolm,  Delmore 
Kelton  to  Malcolm  Delmore  Young;  Margaret  May  Lamond  to 
Margaret  May  Townsend;  Edward  Herrick  Lamond  to  Edward 
Herrick  Townsend;  Richard  McKay  to  Richard  Johnson;  Thursa 
M.  Clough  to  Thursa  M.  Partridge. 

Grafton.  Graftou   County — Frederick  A.   Abbey  to   Frederick   Alyward 

Bennett;  Lawrence  Merle  Adams  to  Junior  Herbert  Downing; 
Madison  K.  Boemig  to  Madison  K.  Knighton ;  Beatrice  H,  Bell  to 
Beatrice  Hildreth ;  Rosa  Boudreau  to  Rosa  Cormier ;  William  Wal- 
lace Birnie  to  William  Wallace  Kendall;  Helen  Francis  Bagley  to 
Dorothy  Irene  Pratt ;  Ruby  Luthera  Bailey  to  Ruby  Luthera  Blan- 
chard;  Leona  Callahan  to  Leona  L.  Libby;  Marjorie  Mabel  Cush- 
man  to  Marjorie  Elaine  Hannaf ord ;  Bessie  May  Callahan  to  Bessie 
M.  Callahan;  Beatrice  Lela  Deselle  to  Beatrice  Lela  Richard; 
Alice  Day  to  Alice  Bertha  Wiggiu;  Mary  A.  Daigneau  to  Marion 
Annie  Carr ;  Pauline  L.  Edwards  to  Pauline  Lillian  Edwards ; 
Mae  M.  Gonyer  to  Mae  Bailey  McLellan;  Ethel  Mae  George  to 
Ethel  Mae  Spaulding;  Lula  LeMay  to  Lula  Mae  Farmer;  Harry 
Fountain  Lucas  (not  changed)  ;  Winnifred  Littlefield  to  Frances 
Eva  Blair ;  Edna  McGoff  to  Joyce  Gerlach ;  Ina  Nutter  to  Ina 
Bowen ;  Kate  May  Powell  to  Katherine  Royce ;  Ernestine  Palmer 
to  Mary  Ellen  Reside;  Rudolph  Harlan  Pierce  to  John  Randolph 
Pierce ;  Richard  Wright  Putnam  to  Richard  Wright  Putnam  ;  Doris 
R.  Regan  to  Doris  R.  Cathcart ;  Elizabeth  Smith  to  Elizabeth  Low- 
ell; Alice  Isabella  Underbill  to  Alice  Underbill  Harwood ;  Eugene 
C.Viscusi  to  Eugene  Lorenzo  Farr;  George  Burton  Wells  to 'Ber- 
nard Edgar  Hadlock ;  Marion  F.  Wylie  to  Florence  Marion  Wylie ; 
Lee  Weeks  to  Lee  Weeks  Bemis. 

Coos.  Coos   County — Minnie   Louise   Brown  to  Margaret  Louise   De- 

Costa  ;  Clifford  Lyman  Annis  to  Clifford  Lyman  Palmer ;  Nils  Isak- 
son  to  Nils  Jackson ;  Clifford  Went  worth  to  Clifford  Thomas  Verow ; 
'  Rita  Eva  Johnson  to  Rita  Eva  Lyman ;  Margaret  Grant  to  Margaret 
Reeves;  Constance  W.  Jacobson  to  Constance  W.  Andresen;  Earl 
C.  Jacobson  to  Earl  C.  Andresen;  Wesley  Richard  Young  to  Wes- 
ley Ariel  Bullard ;  Helen  Alice  French  to  Marie  Anne  Cecila  Cote ; 
Timothy  J.  Ameroe  to  Timothy  J.  Rowe ;  Mary  Lettre  to  Mary 
Laughery  Fournier ;  Un-named  Boy  to  Leo  Bisson ;  Addie  Mae 
Howland  to  Addie  Isabell  Ilowland ;  Ilulda  Erlandsen  to  Hulda 


1923]  Chapter  168.  207 

Olivia  Christiansen;  Freida  L.  Fletcher  to  Freida  Louise  Thomas; 
George  Ernest  Paige  to  George  Ernest  Stone ;  Thomas  Lynch  to 
Thomas  Bellefeuille. 


From  January,  1921,  to  January,  1923,  the  registers  of  probate  By  superior 
returned  to  the  secretary  of  state  the  following  changes  of  names  *'°"'^'^' 
made  by  the  superior  court  in  divorce  proceedings : 

Rockingham  County — Florence  R.  Richards  to  Florence  Ruthella  Rockingham. 
Williams ;  Alice  A.  Johnson  to  Alice  A,  Carlson ;  Mildred  B,  Mont- 
gomery to  Mildred  B.  Wentworth;  Beulah  E.  Brackett  to  Beulah 
Edmunds ;  Nora  P.  Stone  to  Nora  P.  Conlon ;  Perthenia  A.  Martin 
to  Perthenia  A.  Wentworth ;  Mary  H.  Young  to  Mary  H.  Knowles ; 
Eva  M.  Prime  to  Eva  M.  White;  Jennie  M.  Sherry  to  Jennie  M. 
Rousseau ;  Jennie  G.  Hastings  to  Jennie  G,  Read ;  Thelma  R.  White 
to  Thelma  R.  Sylvia;  Annie  E.  Leavitt  to  Annie  E.  Flint;  Esther 
li.  Kirby  to  Esther  L.  Task ;  Laura  J,  Smart  to  Laura  J,  Rutledge ; 
Edith  M.  Barr  to  Edith  M.  Bickum ;  Marjorie  W.  Trueman  to  Mar- 
jorie  W.  Mitchell;  Gladys  C.  Gardiner  to  Gladys  C.  Jones;  Bertha 
E.  LeClaire  to  Bertha  E.  Sargent ;  Elizabeth  S.  Soule  to  Elizabeth 
S.  Kiltie ;  Helen  R.  Marcley  to  Helen  R.  Kinville. 

Stratford  County — Clytie  M.  Lacasse  to  Clytie  M.  Home ;  Eliza-  straff md. 
betli  Hatch  to  Elizabeth  Jones ;  Wilhemine  Roy  to  Wilhemine  Cum- 
mings ;  Maud  G.  Wheeler  to  Maud  G.  Heath ;  Florence  S.  Salinardi 
to  Florence  Gorman ;  Neline  Mae  Beaudoin  to  Neline  Mae  Adams ; 
Evelyn  Meader  Boyd  to  Evelyn  Meader;  Gladys  Evelyn  Andrews 
to  Gladys  Evelyn  Miller;  Catherine  M.  Annis  to  Catherine  M. 
Caron ;  Maud  B.  Hamilton  to  Maud  Bruce ;  Lucy  Wagner  to  Lucy 
Court ;  Helen  M.  Jones  to  Helen  M,  Grant ;  Clara  Etta  French  to 
Clara  Etta  Townsend ;  Harriet  A.  Colomy  to  Harriet  A.  Thayer ; 
Mercie  Clara  Tryon  to  Mercie  C.  Warburton;  Mary  C.  Dickerson 
to  Mary  C.  Birmingham ;  Eliza  M,  Ordway  to  Eliza  May  Carr ; 
Mildred  Colprit  to  Mildred  Hobby ;  Mary  E.  Bean  to  Mary  Slater ; 
Lillian  Boivin  to  Lillian  Rochelean, 

Belknap  County — Evelyn  E.  Tufts  to  Evelyn  E,  Jones;  Ruth  W.  Beiknap.    • 
Lynch  to  Ruth  Elizabeth  Woodward;  Eva  V.  Wallace  to  Eva  V. 
Vallier;  Rose  Annie  Grant  to  Rose  A.  Croteau;  Blanche  L.  Brock 
to  Blanche  L.  Esty;  Mary  A.  Bean  to  Mary  A,  Perkins;  Lizzie  L. 
Stetson  Benson  to  Lizzie  Lucia  Stetson. 

Carroll  County — Blanche  L.  McGilvary  to  Blanche  L.  Leavitt ;  Carroii. 
Hazel  M.  Lord  to  Hazel  M.  Lamontagne ;  Agnes  R.  Wiggin  to  Agnes 
Winifred  Robinson ;  Lottie  McGraw  to  Lottie  Drew ;  Jennie  M. 
Angell  to  Jennie  M.  Spinney. 

Merrhnack  County — Caroline  E.  Francisco  to  Caroline  E.  Beebe  ;  Merrimack. 
Maude  E.   Stingel   to   Maude  E.   Bailey;   Eleanor   B.   Shcpard   to 


208 


Chapter  168. 


[1923 


Eleanor  Bailey ;  Martha  McLeod  Heartz  to  Martha  McLeod ; 
Nathalie  J.  Jameson  to  Nathalie  Jenness;  Gertrude  T.  Robinson  to 
Gertrude  T.  Lafortune;  Viola  Juanita  Young  to  Viola  Juanita 
Holmquist ;  Beatrice  Elizabeth  Bishop  to  Beatrice  Elizabeth  Lucier ; 
Margaret  Lilla  Burnap  to  Margaret  Lilla  Gowing ;  Lillian  M.  Cross 
to  Lillian  M.  Tupper;  Edith  Foley  to  Edith  B.  Collins;  Ruth  B. 
Langevain  to  Ruth  E.  Gibson;  Katherine  E.  Rayno  to  Katherine 
E.  Riggs ;  Mildred  Evelyn  Boyle  to  Mildred  Evelyn  Sanville ;  Leona 
I.  Cutting  to  Leona  I.  Shurtleff;  Julia  M.  Connors  to  Julia  M. 
Proulx. 

Hillsborough.  Hillsborough  County — Anna  M.   Austin  to   Anna  M.   Drouin  ; 

Virginia  E.  Rourke  to  Virginia  E.  Cota ;  Eugenie  Debier  to  Eugenie 
DeWalle ;  Orina  Czywel  to  Orina  Soltys ;  Clara  Valade  to  Clara 
Pelletier ;  Rachel  Flanders  to  Rachel  Poisson ;  Mathilda  Gelinas  to 
Mathilda  Moquin;  Winona  R.  Austin  to  Winona  R.  Johonnett; 
Elizabeth  V.  Brooks  to  Elizabeth  Buckley;  Mary  D,  Etcher  (alias 
Mary  D.  Dragon)  to  Mary  D.  O'Neil;  Rose  Ketcham'  to  Rose  La- 
chance  ;  Mary  Charlotte  Bertha  Gillespie  to  Mary  Charlotte  Bertha 
Baker;  Leora  E.  Shattuck  to  Leora  E.  Brainerd;  Rose  A.  Rheaume 
to  Rose  A.  LaBarre ;  Ruth  B.  Donnelly  to  Ruth  Miller ;  Saima  Lydia 
Doucette  to  Saima  Lydia  Bedders;  Fannie  Hakala  Johnson  to 
Fannie  Hakala;  Fredrika  Wilhelmina  Marquebreuk  to  Frederika 
Wilhelmina  Klardie;  Olga  C.  Hurd  to  Olga  C.  Olsen;  Maria  Cas- 
sarino  Buffeli  to  Maria  Cassarino ;  Catherine  L,  Shaw  to  Catherine 
Lillian  MacMillan ;  Lois  L.  Bedell  to  Lois  L.  Griffin ;  Nellie  Emer- 
son Keyes  to  Nellie  Emerson  Whitcomb ;  Maude  Whittier  Fielding 
to  Maude  S.  Whittier;  Alice  Pike  to  Alice  Norris;  Luce  Caron  to 
Luce  Charois;  Harriet  E.  Hunter  to  Harriet  E.  Toomey;  Beatrice 
Peterson  to  Beatrice  Callaghan;  Elise  Lehman  Coppez  to  Elise 
Lehman;  Lucretia  McDowell  to  Lucretia  Driver;  Minnie  L.  Red- 
man to  Minnie  Lee  Lister ;  Mary  E.  Bickford  to  Mary  E,  Shattuck ; 
Blanche  Barnaby  to  Blanche  Bourbeau ;  Edith  E.  Colburn  to 
Edith  E.  Blodgett ;  Hazel  M.  Martel  to  Hazel  M.  Purmort ;  Myrtle 
M.  Carpenter  to  Myrtle  M.  Brown ;  Delia  R.  Fenerty  to  Delia  Bou- 
dreau;  Mary  Jameson  to  Mary  Lamoreux, 

(1917,  Dec.  14)  Augusta  M.  Rogers  to  Augusta  M.  Conant. 

Cheshire.  Cheshire  County— Helen  L.  Cota  to  Helen  Lucinda  Wells ;  Mabel 

Lescord  to  Mabel  Moors ;  Mary  M.  Sanborn  to  Mary  M.  Maynard ; 
Florence  Brooks  Aten  to  Florence  Brooks  Ellwanger ;  Ellyn  W. 
Bassette  to  Ellyn  Elizabeth  Whitehill ;  Rosa  M.  Harrington  to  Rosa 
M.  Jefts ;  Ethel  S.  Chickering  to  Ethel  Atherton  Spaulding. 

s„,iivan.  Sullivan  County — Gladys  Beatrice  Greenwood  to  Gladys  Beatrice 

Sanders ;  Dorothy  Mildred  Johnston  to  Dorothy  Mildred  Thrasher ; 
Mabel  Bertha  Harvey  to  Mabel  Bertha  Kimball ;  Edith  M.  Blodgett 
to  Edith  M.  Fowler;  Ruth  E.  Wilson  to  Ruth  Estella  Stevens; 
Lottie  I.  Luman  to  Lottie  I.  Thompson;  Margaret  A.  Villar  to 


1923]  Chapter  168.  209 

Margaret  Anne  Whitter ;  Annie  M.  Fifield  to  Annie  M.  Stockwell ; 
Helen  Marcella  Nichols  to  Helen  Marcella  Putnam ;  Mar jorie  Bow- 
man Jordan  to  Marjorie  Bowman. 

Grafton  County— Eva  Delia  Pike  to  Eva  Delia  Kelley;  Carrie  Grafton. 
A.  Gardner  to  Carrie  A.  Taylor ;  Clara  J.  Brock  to  Clara  J.  Smith ; 
Freda  M.  Stevens  to  Freda  M.  Wright ;  Mary  T.  Morrison  to  Mary 
Tupper;  Nellie  C.  Sulham  to  Nellie  C.  Pennock;  Anna  Bean  to 
Anna  Way ;  Esther  Faunce  to  Esther  Elmer ;  Emma  J.  Waterman 
to  Emma  J.  Lindberg;  Maude  J.  Hanson  to  Maude  J.  Smith; 
Marion  Wharem  to  Marion  Calkins ;  Nellie  M.  Jarvenpaar  to  Nellie 
M.  Williams;  Gladys  E.  Knighton  to  Gladys  E.  Winslow;  Evelyn 
Mossey  to  Evelyn  Pollard ;  Anna  J.  Dugan  to  Anna  J.  Farrington ; 
Jennie  Morehouse  to  Jennie  Beodzensky. 

Coos  County — Erna  T.   Holden  to   Erna  T.   Tillotson;   Ida  J.Coos. 
Myshrall  to  Ida  J.  Weymouth;  Lucy  Towle  to  Lucy  Waldron; 
Laura  Astle  to  Laura  Reed ;  Lillian  M.  Smith  to  Lillian  M.  Van 
Ness ;  Eva  M.  Younkers  to  Eva  M.  D  'Amour. 


PRIVATE  ACTS. 


CHAPTER  1G9. 

AN  ACT  TO  LEGALIZE  THE  BIENNLVL  ELECTION  HELD  ON  THE  SEVENTH 
DAY  OF  NOVEMBER,  1922,  IN  THE  TOWN  OF  NEWBURY. 


Section 

1.     Biennial    election    of    Nov.    7,    1922, 
legalized. 


Section 

2.     Takes  effect  on  passage. 


Be  it   enacted   hy   the  Senate   and  House   of  Bepres&ntatives   in 
General  Court  convened: 

Biennial  election        SECTION  1.     That  the  votcs  and  proceediiigs  of  the  biennial  elec- 
iegaH°I(i.  ^'  ^^^^' tion  held  on  the  seventh  day  of  November,  1922,  in  the  town  of 

Newbury  be  and  hereby  are  legalized  and  contirraed. 
Takes  effect  on         Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

l)ass:ige. 

[Approved  January  31,  1923.] 


CHAPTER  170. 

AN    ACT   TO   CHANGE   THE    CORPORATE   NAME   OF    THE   EXETER    COTTAGE 

HOSPITAL. 


Section 

1.      Name    of    Exeter     Cottage    Hospital 
changed    to    Exeter    Hospital. 


Skction 

2.     Takes   effect  on   pns^a^e. 


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

Name  of  Exeter         SECTION  1.     That  the  Corporate  name  of  the  Exeter  Cottage  Hos- 

Cottage   Hospital  ,  ,.    ,       -,    ,  ,  <-«/-v/i        f>    .  i         x  e    t  nr\rr      i  i 

changed  to  Exeter  pital,  as  established  by  chapter  206  of  the  Laws  ot  1907,  be  and 

hereby  is  changed  to  Exeter  Hospital. 
Takes  effect  on  Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

passage. 

[Approved  February  16,  1923.] 


1923]  Chapters  171,  172.  211 

CHAPTER  171. 

AN  ACT  TO  LEGALIZE  THE  BIENNLVL  ELECTION   HELD  ON  THE  SEVENTH 
DAY  OP  NOVEMBER,  1922,  IN  THE  TOWN  OP  AMHERST, 


Section 

1.     Biennial    election    of    Nov.    7,    1922, 
legalized. 


Section 

2.     Takes  effect  on  passage. 


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

Section   1.     That   the   votes   and   proceedings   of   the   biennial  siennmi  decdon 
election  held  on  the  seventh  day  of  November,  1922,  in  the  town  legalized. 
of  Amherst,  be  and  hereby  are  legalized  and  confirmed. 

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

'■  1  o  passage. 

[Approved  February  16,  1923.] 


CHAPTER  172. 

an  act  to  legalize  THE  BIENNIAL  ELECTION  HELD  ON  THE  SEVENTH 
DAY  OF  NOVEMBER,   1922,   IN   THE  TOWN   OP   BROOKLINE. 

Section  I  Skotion 

1.      Biennial    election    of    Nov.    7,    1922,  2.     Takes  effect  on   pas,sage. 

legalized. 

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

Section  1.     That  the  votes  and  proceedings  of  the  biennial  elec-  Biennial   election 
tion  held  on  the  seventh  day  of  November,  1922,  in  the  town  of  legaiize'd.   ' 


Brookline,  be  and  hereby  are  legalized  and  confirmed. 
Sect.  2.     This  act  shall  take  ef 

[Approved  February  16,  1923. 


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

'-  °  passage. 


212  Chapters  173,  174.  [1923 

CHAPTER  173. 

AN   ACT   LEGALIZING  THE  BIENNIAL  ELECTION   HELD   IN    THE  TOWN   OF 
CHESTERFIELD  ON  NOVEMBER  7,   1922. 

Section  i   Section 

1.     Biennial    election    of    Nov.    7,    1922,  2.     Takes  effect  on  passage, 

legalized.  j 

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

Biennial  election        SECTION  1.     That  the  votes  and  proceedings  of  the  biennial  elec- 

01  Nov.   7,   1922,         .  •  L-  a 

legalized.  tion  held  on  the  seventh  day  of  November  1922,  in  the  town  of 

Chesterfield,  be  and  hereby  are  legalized,  ratified  and  confirmed. 
passage.  Sect,  2.     This  act  shall  take  eifect  upon  its  passage. 

[Approved  February  16,  1923.] 


CHAPTER  174. 

AN  ACT  TO  LEGALIZE!  THE  VOTES  AND  PROCEEDINGS  OF   THE  TOWN    OF 
HOPKINTON  AT  THE  BIENNIAL  ELECTION  HELD  NOVEMBER  7,  1922. 

Section  |   Section 

1.     Biennial    election    of    Nov.    7,    1922,  2.     Takes  effect  on  passage, 

legalized. 

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

Biennial  election        SECTION  1.     That  the  biennial  election  in  the  town  of  Hopkinton, 
legalized. '     ""'    held  Novombcr  7,  1922,  and  all  votes  and  proceedings  at  said  meet- 
ing, be  and  the  same  are  hereby  legalized,  ratified,  and  confirmed. 
Takes  effect  on         Sect.  2.     This  act  shall  take  effect  upon  its  pas.sage. 

passage. 

[Approved  February  16,  1923.] 


1923]  Chapters  175,  176.  213 

CHAPTER  175. 

AN  ACT  TO  LEGALIZE  THE  BIENNIAL  ELECTION   HELD  ON   THE  SEVENTH 
DAY  OF  NOVEMBER  1922  IN  THE  TOWN  OP  MARLOW^. 


Section 

1.     Biennial    election    of    Nov.    7,    1922, 
legalized. 


Section 

2.     Takes  effect  on  iiassage. 


Be   it   enacted   hy  the   Senate   and  House   of  Representaiives   in 
General  Court  convened; 

Section  1.     That  the  votes  and  proceedings  of  the  biennial  elec- Biennial  election 

of  Nov.  7    1922 

tion  held  on  the  seventh  day  of  November  1922,  in  the  town  of  legalized. ' 
Marlow,  be  and  hereby  are  legalized  and  confirmed. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  pa^lge'!'^^''*  "^ 

[Approved  February  16,  1923.] 


CHAPTER  176. 

AN  ACT  TO  LEGALIZE  THE  BIENNIAL  ELECTION   HELD  ON   THE  SEVENTH 
DAY  OF  NOVEMBER  1922  IN  THE  TOWN  OP  WARREN. 


Section 

1.      Biennial    election    of    Nov.    7,    1922, 
legalized. 


Section 

2.     Takes  effect  on  passage. 


Be  it  enacted  hy  the  Senate  and  House   of  Representatives  «Vt 
General  Court  convened; 

Section  1.  That  the  votes  and  proceedings  of  the  biennial  elec-  Biennial  election 
tion  held  on  the  seventh  day  of  November,  1922,  in  the  town  of  "eganz^ed^"  ^^^^' 
"Warren,  be  and  hereby  are  legalized  and  confirmed. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  ll^Hgf^"^  °° 

[Approved  February  16,  1923.] 


214  Chapters  177,  178.  [1923 

CHAPTER  177. 

AN  ACT  TO  LEGALIZE  THE  BIENNLAL  ELECTION   HELD  ON   THE  SEVENTH 
DAY  OF   NOVEMBER,  1922  IN  THE  TOWN   OF   EFFINGHAM. 

Suction  |    Section 

1.      Biennial    election    of    Nov.    7,    1922,  2.     Takes  efifect  on  passage, 

legalized. 

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

Biennial  election        SECTION  1.     The  votes  and  proceedings  of  the  biennial  election 
legalized.  '       "'    held  on  the  seventh  day  of  November,  1922,  in  the  town  of  Effing- 


ham are  hereby  legalized  and  confirmed. 
Sect.  2.     This  act  shall  take  ef 

[Approved  February  22,  1923. 


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

passage.  '■  x  o 


CHAPTER  178. 

AN  ACT  TO  legalize  THE  BIENNIAL  ELECTION  HELD  ON   THE  SEVENTH 
DAY  OF  NOVEMBER  1922,  IN  THE  TOWN  OF  LANGDON. 

Section    1.      Biennial    election    of    Nov.    7,    1922,  legalized. 

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

Biennial  election        SECTION  1.     Tliat  the  votcs  and  proceedings  of  the  biennial  elec- 

\lSiA.'  ^^"^'     tion  held  on  the  seventh  day  of  November,  1922,  in  the  town  of 

Langdon  be  and  hereby  are  legalized  and  confirmed. 

[Approved  February  22,  1923.] 


1923] 


Chapters  179,  180, 
CHAPTER  179. 


215 


AN  ACT  RELATING  TO  THE  ISSUE  OF  BONDS  BY  THE  SCHOOL  DISTRICT  OF 
THE  TOWN  OF  HAMPTON. 


Section 

1.      Hampton    school    district    autlior- 

ized  to  issue  bonds  for  erection 
of  school  buildings,  not  exceed- 
ing  $10,000. 


Section 

2.     Takes  effect  on  passage. 


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


Section  1. 


The  school  district  of  the  town  of  Hampton  is  hereby  Hampton  school 

"^  •  district  author- 


authorized  at  anv  meeting  called  for  that  purpose  to  borrow  upon  ized  to  issue 

,.,       p.  T,         ,,.,.,  ,.  ,  bonds  for  erection 

the  credit  oi  said  school  district  a  sum  not  exceeding  ten  thousand  of  school  buiid- 
dollars,  in  addition  to  the  amount  now  allowed  by  general  or  special  inr'$ro,ooo.^ 
statutes,  for  the  erection  of  school  buildings,  and  to  issue  bonds  or 
notes  therefor  at  the  lowest  rate  of  interest  obtainable. 


Sect.  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  P^'ebruary  22,  1923.] 


Takes   effect  on 
passage. 


CHAPTER  180. 


AN    ACT    TO    AMEND   THE   CHARTER   OF    KEENE    ACADEMY. 


Section 

1.      Keene    Academy    to    hold    real    and 
personal     estate     not     exceeding 
$120,000. 


Section 

2.     Takes  effect  on   jiassage. 


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

Section  1.     The  second  section  of  the  charter  of  Keene  Academy  Keene  Academv  to 
as  amended  by  chapter  232  of  the  Laws  of  1907,  is  hereby  amended  pel^nT'esla^i 
by  striking  out  the  word  ''fifty"  and  substituting  therefor  the  iJsorooT*^'"^ 
words  one  hundred  twenty,  so  that  said  section  as  amended  shall 
read  as  follows:     Sect.  2.     And  be  it  further  enacted  that  said 
corporation  may  establish  an  academy  in  the  town  of  Keene  in  the 
county  of  Cheshire  for  the  education  of  youth  of  both  sexes,  and 
their  instruction  in  classical  and  useful  knowledge  and  in  all  the 
branches  of  learning  usually  taught  in  academies;  may  erect  and 


216 


Chapter  181. 


1923 


Takes  effect  on 
passage. 


maintain  suitable  buildings  therefor  and  may  hold  real  and  per- 
sonal estate  to  any  amount  not  exceeding  thirty  thousand  dollars, 
which  together  with  all  gifts,  donations,  bequests,  and  legacies  that 
have  been,  or  may  hereafter  be  given  or  bequeathed  to  said  academy, 
and  the  interest,  rents  and  profits  of  the  same  to  be  applied  by 
the  corporation  in  such  manner  as  may  best  promote  the  interests 
of  said  institution ;  but  said  corporation  may  hold  real  and  personal 
estate  not  exceeding  one  hundred  twenty  thousand  dollars  in  excess 
of  said  sum  of  thirty  thousand  dollars,  which  together  with  the 
income  thereof,  may  be  used  and  applied  by  said  corporation  for 
the  best  interests  of  said  institution  in  the  discretion  of  the  trustees 
or  may  be  applied  and  paid  over  by  said  trustees  for  the  purposes 
and  under  the  conditions  set  forth  in  the  decree  of  the  superior 
court  rendered  at  the  April  term  1905  of  said  court  sitting  at 
said  Keene. 

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

[Approved  February  27,  1923.] 


CHAPTER  181. 

AN  ACT  TO  LEGALIZE  CERTAIN  ACTS  OF  THE  TOWN  OP  LITTLETON,  AND 
TO  AUTHORIZE  THE  ISSUE  OP  TOWN  BONDS. 


Section 

1.  Proceedings 

March    8. 
inonoosu". 

2.  Proceedings 

14.    1922, 


at  annual  meeting  of 
1921,  relative  to  Am- 
River  bridge,  legalized, 
of  meeting  of  March 
ratifying  acts  in  con- 
demnation of  A.  N.  Blandin  land, 
legalized. 


.Skcition 

3.  Town    authorized   to    issue   bonds   for 

$1.50,000  to  refund  debt  in- 
curred in  construction  of  Am- 
monoosuc  River  bridge. 

4.  Indebtedness   incurred   under    act   to 

be    outside    the    limit    fixed    by 
Laws    1917,    c.   129. 
.5.     Talves   effect  on   passage. 


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


Proceedings  at 
annual    meeting 
of  March  8,   1921 
relative  to  Am- 
monoosuc  River 
bridge,  legalized. 


Section  1.  The  action  of  the  town  of  Littleton,  at  an  annual 
meeting  held  March  8,  1921,  relative  to  the  location  and  construc- 
tion of  a  highway  bridge  across  the  Ammonoosuc  river,  in  said 
Littleton,  and  all  acts  done  or  performed  under  authority  of  said 
town  action,  and  the  authorization  of  the  selectmen  of  the  town  to 
temporarily  borrow  money  and  issue  notes  therefor,  on  the  credit 
of  the  town,  to  pay  for  the  same,  and  to  take  up  said  notes  by  the 


1923]  Chapter  181.  217 

issuance  of  notes  or  bonds  of  the  town,  and  all  such  borrowings 
by  such  selectmen,  are  hereby  legalized,  ratified  and  confirmed. 

Sect.   2.     The  action  of  the  town  of  Littleton,   at  an  annual  Proceedings  of 
meeting  held  March  14,  1922,  ratifying  the  acts  of  its  selectmen  in  1^4 '*'r922^  ^alffy- 
condemning  land  belonging  to  A.  N.  Blandin  and  others,  to  pro- Jj"|iifat\on °of*' a! 
tect  its  water  supply,  and  the  authorization  of  said  selectmen  tof-^l^^^'^  ^^^^' 
temporarily  borrow  money  and  issue  the  notes  of  the  town  for 
the  same,  to  pay  the  damages,  interest,  costs  and  other  expenses 
incurred  by  said  condemnation,  and  to  issue  the  notes  or  bonds 
of  the  town  to  take  up  said  temporary  notes,  and  all  such  borrow- 
ings by  the  selectmen,  are  hereby  legalized,  ratified  and  confirmed. 

Sect.  3.     The  said  town  of  Littleton  is  hereby  authorized  and  Town  authorized 

-,    ,  .  •    .  T,  ,1  T.to  issue  bonds  for 

empowered  to  raise,  appropriate  and  borrow  money,  on  the  credit  $150,000  to  re- 
of  the  town,  to  the  amount  of  $150,000,  in  manner  provided  by  curred  In  con- 
law,  and  to  issue  its  notes  or  bonds  therefor,  for  the  purpose  of  moSoosuc  ^Ri^?^ 
funding  or  refunding  the  indebtedness  incurred  on  account  of  the^^^"^^®' 
location  and  construction  of  said  bridge,  the  condemnation  of  said 
land,  and  an  outstanding  or  floating  indebtedness  existing  Decem- 
ber 31,  1922,  and  not  incurred  thereafter,  on  account  of  its  schools 
and  other  town  charges,  and  any  refundings  of  said  indebtedness ; 
the  notes  or  bonds  so  issued  to  be  payable  serially,  in  annual  pay- 
ments, 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  prin- 
cipal payable  in  any  subsequent  year,  and  the  last  of  said  notes  or 
bonds  shall  be  paid  and  the  entire  obligation  discharged  not  later 
than  twenty  years  from  the  date  of  the  issue  thereof.  The  amount 
of  each  payment  of  principal,  together  with  the  interest  on  all 
debts,  shall,  without  vote  of  the  town,  be  annually  assessed  and 
collected.  The  said  notes  or  bonds  shall  be  signed  by  the  selectmen, 
or  majority  of  them,  and  countersigned  by  the  treasurer  of  the 
town,  and  shall  have  the  town  seal  affixed;  with  the  right  in  said 
selectmen,  or  majority  of  them,  to  fix  the  rate  of  interest,  designate 
the  title  of  said  notes  or  bonds,  and  to  do  all  things  necessary  to 
borrow  money  on  said  notes,  or  to  issue  and  sell  said  bonds.  All 
notes  or  bonds  issued  under  this  act,  in  favor  of  hona  fide  holders, 
shall  be  conclusively  presumed  to  have  been  duly  and  regularly 
authorized,  and  issued  in  accordance  with  the  provisions  herein 
contained,  and  no  holder  thereof  shall  be  obliged  to  see  to  the  exist- 
ence of  the  purpose  of  issuing,  or  the  regularity  of  any  of  the  pro- 
ceedings by  virtue  of  which  said  notes  or  bonds  are  issued,  or  to 
the  application  of  the  proceeds  of  such  issue.  indebtedness  in- 

Sect.  4.     Indebtedness  incurred  under  this  act  shall  be  reckoned  to'be'^ outltde  t'ho 
as  outside  of  the  limit  of  indebtedness  authorized  by  chapter  129,  ^^41  1917  ^^ 
Laws  of  1917.  '••  129- 

Sect.  5.     This  act  shall  take  effect  upon  its  passage.  rp^^^j^^^  ^^^^^  ^^ 

passage. 

[Approved  February  27,  1923.] 


218 


Chapters  182,  183. 


1923 


CHAPTER  182. 

AN   ACT   TO   EXEMPT   FROM   TAXATION   PROPERTY    IN    SUTTON    HELD   FOR 
PUBLIC  USE  BY  THE  NORTH  SUTTON  IMPROVEOyiENT  SOCIETY. 


Section 

1.  Land  purchased  from  Benjamin  K. 
Coburn  exempted  from  taxation 
for  five  years. 


Section 

2.     Takes  effect  on  passage. 


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


Land  purchased        SECTION  1.     The   land   purchased    by   the    North    Sutton   Im- 

from  Benjamin  I^-  ^^       . 

Coburn  ex-  provement  Society  from  Benjamin  K.  Coburn  and  held  by  said 

empted  from  taxa-  •    ,       f  it"  ini 

tion  for  five        society  lor  public  use  shall  be  exempt  rrom  taxation  tor  the  term 
of  five  years. 
Sect.  2. 


years. 


Takes  effect  on 
passage. 


This  act  shall  take  effect  on  its  passage. 
[Approved  February  27,  1923.] 


CHAPTER  183. 

AN    ACT    AUTHORIZING    THE    ROCKINGHAM     COUNTY    LIGHT    &    POWER. 
COMPANY  TO  ISSUE  PREFERRED  STOCK  AND  FOR  OTHER  PURPOSES. 


Skction 

1.  Autliority    given    to    issue    ])referred 

stock    in    classes,    and    to    change 
preferences,    etc. 

2.  Corporation   may  bring  itself   within 

business  corporation  law,   Laws, 
1919,   c.  92. 


Skction 
3.      Pri 


issue  of  .stock  confirmed  and 
approved;  non-liability  of  stock- 
holders, officers,  and  directors 
after  record  of  certificate. 
Repealing  clause ;  takes  effect  on 
passage. 


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


Authority   given 
to  issue  pre- 
ferred stock  in 
classes,   and  to 
change  prefer- 
ences,   etc. 


Section  1.  The  Rockingham  County  Light  &  Power  Company, 
a  corporation  organized  under  cliapter  147  of  the  Public  Statutes 
and  amendments  thereto  and  having  its  principal  place  of  busi- 
ness in  Portsmouth  in  the  county  of  Rockingham,  is  hereby  au- 
thorized and  empowered,  from  time  to  time,  by  vote  or  resolu- 
tion of  the  holders  of  a  majority  of  the  shares  of  its  capital  stock 
outstanding  and  entitled  to  vote,  present  or  represented  by  proxy 
and  voting  at  a  meeting  of  the  stockholders  duly  called  for  the 
purpose,  and  having  first  obtained  the  approval  of  the  public 


1923]  Chapter  188.  219 

service  commission  therefor,  to  create  two  or  more  kinds  or 
classes  of  stock,  of  which  one  or  more  may  be  entitled  or  subject 
to  such  preferences,  voting  powers,  restrictions  and  qualifica- 
tions as  may  be  specified  and  expressed  in  such  vote  or  resolu- 
tion; and  said  company  is  further  authorized  and  empowered, 
from  time  to  time,  with  the  consent  of  the  holders  of  the  class  or 
classes  of  stock  affected,  to  change  by  like  vote  the  preferences, 
voting  power,  restrictions  and  qualifications  of  any  class  or  classes 
of  stock  now  outstanding  or  hereafter  issued. 

Sect.  2.  Said  Rockingham  County  Light  &  Power  Company  Corporation  may 
may  avail  itself  of  the  provisions  of  the  Business  Corporation  bu^"ness"corpora-'' 
Law,  being  chapter  92  of  the  Laws  of  1919  as  amended,  and  may  ^'^^g!^^.'  9^2."^" 
bring  itself  and  its  stockholders,  directors  and  officers  under  the 
provisions  of  said  law  so  far  as  applicable,  by  vote  of  holders  of 
two-thirds  of  its  stock  present  or  represented  by  proxy  and  vot- 
ing at  a  meeting  duly  called  for  the  purpose,  adopting  the  provi- 
sions of  said  law,  and  by  complying  with  the  other  provisions  of 
this  section.  Said  company  shall  cause  a  copy  of  the  vote  adopt- 
ing the  provisions  of  said  law,  attested  by  its  clerk,  to  be  recorded 
in  the  office  of  the  secretary  of  state,  together  with  a  certificate 
signed  and  sworn  to  by  its  president  and  treasurer  and  at  least 
a  majority  of  its  directors  setting  forth  (a)  the  total  amount  of 
its  capital  stock  authorized;  (b)  the  amount  of  its  stock  issued 
and  outstanding;  (c)  the  net  value  of  its  property,  rights  and 
franchises  in  excess  of  its  indebtedness;  and  (d)  a  balance  sheet 
showing  its  assets  and  liabilities  at  the  close  of  its  preceding  fiscal 
year.  Said  company  shall  also  record  with  the  secretary  of  state 
a  supplementary  statement  of  any  other  material  facts  which  may 
be  required  by  the  attorney-general  or  the  assistant  attorney- 
general.  It  shall  be  the  duty  of  the  attorney-general  or  assistant 
attorney-general  within  thirty  days  after  the  filing  of  such  cer- 
tificate or  supplementary  statement,  to  examine  the  articles  of  as- 
sociation of  said  company,  the  copy  of  the  vote  adopting  the  pro- 
visions of  said  law,  and  the  certificate  and  supplementary  state- 
ment provided  for  by  this  section  and  if  the  facts  therein  stated 
show  that  the  net  value  of  the  property,  rights  and  franchises  of 
said  company  in  excess  of  its  indebtedness  at  least  equals  the  par 
value  of  its  outstanding  stock,  he  shall  record  his  certificate 
thereof  with  the  secretary  of  state.  Said  company  shall  there- 
upon pay  to  the  secretary  of  state  a  certification  fee  determined 
by  its  total  authorized  capital  stock  at  the  rate  prescribed  in 
section  37  of  said  Business  Corporation  Law ;  and  upon  and  after 
the  payment  of  such  fee,  the  said  company,  and  its  stockholders, 
officers  and  directors  shall  be  entitled  to  the  powers,  privileges 
and  immunities  and  be  subject  to  the  duties,  liabilities  and  ob- 
ligations provided  by  said  Business  Corporation  Law  and  not 
otherwise,  in  all  respects  as  if  said  company  were  organized  under 


220 


Chapter  183. 


15)23 


Prior   issue  of 
stock  confirmed 
and   approved ; 
nou-liability  of 
stockholders, 
officers,   and  di- 
rectors   after    rec 
ord  of  certificate. 


Repealing    clauise 
takes  effect  on 
passage. 


the  provisions  of  said  law  on  the  date  of  such  payment ;  pruvided, 
however,  that  any  liability  of  such  corporation  or  its  stockholders, 
officers  or  directors  or  any  of  them  existing  on  said  date,  under 
or  by  virtue  of  any  other  law  or  statute  of  this  state,  shall  not 
be  affected.  Any  person  who  shall  subscribe  or  make  oath  to  any 
certificate  provided  for  by  this  section,  which  shall  contain  any 
false  statement,  known  by  such  person  to  be  false,  shall  upon 
conviction  thereof  be  fined  not  exceeding  five  thousand  dollars  or 
imprisoned  not  exceeding  five  years  or  both,  and  shall  also  be 
individually  liable  to  any  stockholder  of  the  corporation  or  other 
person  for  actual  damages  caused  or  sustained  by  reason  of  such 
false  statement. 

Sect.  3.  The  issue  of  the  present  outstanding  stock  of  said 
Rockingham  County  Light  &  Po\ver  Company,  consisting  of  five 
hundred  thousand  dollars  at  par  of  preferred  stock,  so  called, 
heretofore  authorized  by  the  public  service  commission,  and  one 
million  dollars  at  par  of  common  stock,  is  hereby  confirmed  and 
approved ;  and  the  stockholders,  officers  and  directors  of  said 
company  shall  not  be  liable  for  any  debts  or  contracts  of  said 
company  after  recording  in  the  office  of  the  city  clerk  of  Ports- 
mouth a  certificate  signed  and  sworn  to  by  the  treasurer  and  a 
majority  of  the  directors  of  said  company  setting  forth  in  sub- 
stance that  the  net  value  of  the  property,  rights  and  franchises 
of  said  company,  in  excess  of  its  indebtedness  at  least  equals  the 
par  value  of  its  outstanding  stock. 

Sect.  4.  All  acts  and  parts  of  acts  inconsistent  with  this  act 
are  hereby  repealed,  and  this  act  shall  take  effect  on  its  passage, 
except  that  nothing  in  this  act  shall  be  construed  to  change  the 
existing  law  relating  to  the  regulation,  control  or  jurisdiction  of 
the  public  service  commission  over  said  corporation  as  a  public 
utility. 


[Approved  February  27,  1923.; 


1923] 


Chapters  184,  185. 
CHAPTER  184. 


221 


AN    ACT    AUTHORIZING    THE    TOWN    OF    RUMNEY    TO    RAISE    MONEY    BY 
TAXATION   FOR   THE   CARE  OF    CEMETERIES. 


Suction 

1.  Authority  to  raise  money  for  care 
and  improvement  of  certain 
cemeteries. 


Section 

2.      Tiikes    effect    on    passage. 


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

Section  1.     That  the  town  of  Rumney  be  authorized  to  raise  Authority  to  raise 

■^  ,  money  for  care 

money  by  taxation  for  the  care  and  improvement  of  the  Highland,  and  improvement 

-I-.1  TT-  -I-.  x-^  n    ^^r  t-.  .         .      of   certain   ceme- 

Fleasant  View,  Rumney  Depot,  and  West  Rumney  cemeteries  mteries. 
said  town  and  the  lots  within  the  same. 

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

r  f  o  on  passage. 

[Approved  February  27,  1923.] 


CHAPTER  185. 


AN  ACT  RELATING  TO  THE  ISSUE  OF  BONDS  BY  THE  UNION  SCHOOL 
DISTRICT  NO.   2  OF  THE  TOWN  OF   BRISTOL. 


Section 

3.     Takes  effect  on  passage. 


Section 

1.      Authorization  of  issuance  of  $42,000 

of  bonds   for   school  buildings. 
2.      Maturity    of    bonds;    serial    payments 

and   payments    of    interest    to    be 

made  by  annual  taxation. 

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

Section  1.     Union  School  District  of  the  town  of  Bristol  is  Authoris;ation  of 
hereby  authorized  to  borrow  upon  the  credit  of  said  school  dis-  o'ooTbondf  fm- 
trict  a  sum  not  exceeding  forty -two  thousand  dollars  ($42,000)  in '*°'''  ''"'•dings. 
addition  to  the  amount  now   allowed  by  the  general   or  special 
statutes,  for  the  alteration,  repairing,  rebuilding  and  furnishing 
of  its  school  building,  or  for  the  building  and  furnishing  of  a  new 
school  building. 

Sect.  2.     For  the  purposes  set  forth  in  section  1  of  this  act  bonds'- ^seliai 
said  district  is  hereby  authorized  to  issue  its  notes  or  bonds  at  '"i^^nents  and 

'  ])i\ y iiifiiTs    ot    111' 


222 


Chapter  186. 


[1923 


terpst  to  be  made  the  lowcst  rate  of  interest  obtainable  therefor  payable  serially 

Uon'!"""''    '^^^      within  a  period  not  exceeding  twenty  years  from  date  of  their 

issue.     The  amount  of  each  payment  of  principal  together  with 

the  interest  on  the  indebtedness  thus  incurred  to  be  assessed  and 


Takes  effect  on 
passage. 


collected  annually. 

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

[Approved  March  7,  1923.] 


CHAPTER  186. 

AN  ACT  AUTHORIZING  THE  TOWN  OF  CLAREMONT  TO  RENEW  AND 
EXTEND  ITS  WATER  BONDS. 


Section 

1.      Authorization  of  extension  of  water 
bonds  for   twenty   years. 


Section 

2.     Takes  effect  on  passag 


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

Authorization  of  SECTION  1.  That  the  towu  of  Claremont  be  and  hereby  is  au- 
bonds  for  twenty  thorized  to  rcucw  and  extend,  upon  the  same  terms  and  subject 
'^*^^'  to  the  same  conditions  as  originally  written,  the  four  per  cent, 

water  supply  bonds,  amounting  to  one  hundred  fifty-eight  thou- 
sand two  hundred  twenty  dollars,  now  outstanding  and  which 
will  become  due  July  1,  1923,  for  a  further  period  of  twenty 
years,  that  is,  until  July  1,  1943 ;  and  the  selectmen  of  said  town 
are  hereby  empowered  to  make  all  necessary  arrangements  and 
contracts  with  the  holders  of  said  bonds  for  such  extension  and 
renewal  and  for  the  payment  of  interest  as  it  shall  become  due. 
Takes  effect  on         Sect.  2.     Tliis  act  shall  take  effect  upon  its  passage. 


[Approved  March  7,  1923.] 


1923] 


Chapters  187,  188. 
CHAPTER  187. 


223 


AN  ACT  AUTHORIZING  THE  LANCASTER  FIRE  PRECINCT  TO  PAY  CERTAIN 
MONEYS  TO  UNION  SCHOOL  DISTRICT  NO.  1  IN  THE  TOWN  OF 
LANCASTER. 


Section 

1.  Authorization  of  paympiit  to  Union 
School  District  for  its  outstand- 
ing bonds. 


Skction 

2.     TiiVies   effect  on   passage. 


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

Section  1.     The  Lancaster  Fire  Precinct  is  hereby  authorized  Authorization  of 
and  empowered,  by  major  vote  of  those  qualified  to  vote  and  school  District 
present  and  voting  at  any  annual  or  special  meeting  of  the  voters  i°g  bonds! 
of  said  precinct,  to  set  aside,  pay  over  and  deliver  to   Union 
School  District  No.  1  in  the  town  of  Lancaster,  so  much  of  the 
receipts  from  its  water  system  of  said  Lancaster  Fire  Precinct 
as  said  voters  may,  from  time  to  time,  hereafter  determine,  for 
the   purpose   of  paying   any   outstanding   bonds    of  said   Union 
School  District  No.  1. 

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

*■  °  passage. 

[Approved  March  7,  1923.] 


CHAPTER  188. 

AN    ACT    TO   ENABLE  .THE    TOWN    OP    NEWPORT,    NEW    HAMPSHIRE,    TO 
.     REFUND    ITS    INDEBTEDNESS. 

Skction  !  Section 

1.     Authorization   of   refunding   of   town     j        2.      Repealing     clause;     takes    effect    on 
bonds   to    amount   of    $60,000.  1  passage. 

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


Section  1.     The  town  of  Newport  is  hereby  authorized,  for  tlie  Authorization  of 
purpose  of  refunding  outstanding  bonds  against  the  town,   to  bonds  to  amount 

•     ,  -,     1  ,  ,  ,  of    $(50,000. 

raise,  appropriate  and  borrow  money  to  an  aggregate  amount 
not  exceeding  sixty  thousand  dollars  (.$60,000)  and  to  issue  its 
bonds  therefor  on  the  credit  of  tlie  town.     Said  ))onds  shall  l)e 


224 


Chapter  189. 


[1923 


Repealing  clause ; 
takes  effect  on 
passage. 


signed  by  the  selectmen  and  countersigned  by  the  treasurer  of 
the  town,  and  shall  have  the  town  seal  affixed. 

Said  issue  of  bonds  shall  be  due  and  payable  at  such  times, 
not  more  than  twenty  years  from  their  date  of  issue,  and  in  such 
amounts,  and  in  such  manner  as  the  board  of  selectmen  and 
treasurer  of  said  town  may  determine,  at  a  rate  of  interest  to  be 
fixed  by  said  board.  All  bonds  issued  by  virtue  of  this  act  and 
signed  and  sealed  as  herein  provided  shall,  in  favor  of  hona  fide 
holders,  be  conclusively  presumed  to  have  been  duly  and  regularly 
authorized  and  issued  in  accordance  with  the  provisions  herein 
contained,  and  no  holder  thereof  shall  be  obliged  to  see  to  the 
existence  of  the  purpose  of  issuing,  or  to  the  regularity  of  any 
of  the  proceedings  by  virtue  of  which  said  bonds  are  issued  or 
to  the  application  of  the  proceeds  of  such  issue. 

Sect,  2.  All  acts  inconsistent  with  this  act  are  hereby  nullified 
so  far  as  this  act  may  be  concerned,  and  this  act  shall  take  effect 
upon  its  passage. 


[Approved  March  7,  1923.; 


CHAPTER  189. 

AN  ACT  TO  AMEND  AN  ACT  TO  ESTABLISH  A  CORPORATION  BY  THE  NAME 
OF  THE  TRUSTEES  OF  THE  NEW  HAMPSHIRE  CONFERENCE  SEMINARY 
AND  THE  NEW  HAMPSHIRE  FEMALE  COLLEGE,  APPROVED  DECEMBER 
29,  1852,  AND  OTHER  ACTS  AMENDING  THE  SAME. 


Section 

1.      Authorization  of  change  of  name  to 
Tilton    School. 


Section 

2.     Takes  effect  on  passage. 


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

Authorization  of  SECTION  1.  Amend  scctiou  1  of  an  act  approved  December  29, 
Tiitof  sd.oor'  *"  1852,  entitled  An  Act  to  establish  a  corporation  by  the  name  of 
the  New  Hampshire  Conference  Seminary  and  the  New  Hamp- 
shire Female  College  as  amended  by  an  act  approved  June  23, 
1859  and  chapter  198  of  the  Laws  of  1903,  so  that  the  name  of  the 
corporation  shall  be  Tilton  School. 

Sect.  2.     This  act  sliall  take  eff'ect  upon  its  passage. 


Takes   effect  on 
passage. 


[Approved  Marcli  7,  1923.] 


1923]  Chapter  190.  225 

CHAPTER  190. 

AN   ACT   RELATING   TO   THE   PRECINCTS  IN   THE   CITY   OF    CONCORD. 


Section 

1.  Authorization  of  abolition  or  change 
of  precincts,  except  school  dis- 
tricts  and   water   precincts. 


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  city  of  Concord  may,  by  vote  of  its  board  of  Authorization  of 
aldermen,   abolish   any   or   all   of   the   precincts   now   established  ehange'of° Ve- 
wholly  within  its  limits,  or  combine  all  of  said  precincts  into  one  school'  districts 
precinct  and  enlarge  the  same  to  become  coextensive  with  the  ter-  c/n'^ts^^^^^''  ^'^' 
ritorial  limits  of  said  city ;  provided,  that  nothing  herein  shall 
deprive  the  said  board  of  aldermen  of  the  right  to  determine  the 
limits  within  which  the  precinct  service  shall  be  supplied ;  pro- 
vided, further,  that  the  said  board  of  aldermen  may  continue  the 
separate  organization  of  any  or  all  of  the  precincts  so  abolished 
or  so  combined  for  the  purpose  of  paying  off  the  bonds  or  notes 
of  such  precinct  or  precincts  which  may  remain  outstanding  and 
unpaid  at  the  time  of  such  abolition  or  combination,  such  separate 
organization  to  continue  only  for  such  purpose  and  only  until 
such  time,  in  the  case  of  each  precinct,  as  the  last  bond  or  note 
so  outstanding  shall  be  paid  or  retired ;  provided,  further,  that 
nothing   in    this   act   shall    apply   to    school    districts    or   water 
precincts. 

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  jfassage.  ^^ 
passage. 

[Approved  March  8,  1923.] 


226  Chapter  191.  [1923 

CHAPTER  191. 

AN  ACT  TO  AUTHORIZE  THE  COUNTY  OF  HILLSBOROUGH  TO  ISSUE  BONDS. 


Section 

4.  Temporary   anticipatory  loan. 

5.  Takes   effect   on   passage. 


Section 

1.  Authorization    of    issue    of    $200,000 

of   funding  bonds. 

2.  Designation  and  execution  of  bonds; 

registration ;    sale    of   bonds. 

3.  Presumption    in    favor    of    liona    fide 

holders. 

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

Authorization  of  SECTION  1.  The  county  Commissioners  of  Hillsborough  county 
oT  funding  bonds,  are  hereby  authorized  to  issue  for  and  in  behalf  of  said  county 
serial  coupon  bonds  to  an  extent  not  exceeding  two  hundred 
thousand  dollars  ($200,000),  for  the  purpose  of  funding  a  like 
amount  of  outstanding  floating  indebtedness  now  represented  by 
various  notes  and  any  refundings  or  renewals  of  all  or  any  por- 
tion thereof  heretofore  or  hereafter  made,  and  to  reimburse  the 
county  treasury  for  any  funds  advanced  therefrom  temporarily 
to  pay  any  portion  of  said  floating  indebtedness,  pending  the  re- 
ceipt of  proceeds  of  bonds  or  notes  authorized  by  this  act.  Said 
bonds  shall  be  payable  to  bearer,  shall  be  dated  April  1,  1923, 
shall  be  in  the  denomination  of  one  thousand  (1,000)  dollars 
each,  shall  mature  twenty  thousand  (20,000)  dollars  on  the  first 
day  of  April  of  each  of  the  years,  1924  to  1933  inclusive,  shall  bear 
interest  at  a  rate  not  to  exceed  five  (5)  per  cent,  per  annum,  pay- 
able semiannually,  and  shall  bear  the  county  seal. 
Designation  and  Sect.  2.  Eacli  boud  sliall  be  designated  Hillsborough  County 
bond's';'"regi°s^tra-  Puudiug  Boud,  shall  be  sigucd  by  the  county  commissioners  or 
bonds.*'^'''  °^  l^y  a  majority  thereof,  countersigned  by  the  county  treasurer, 
and  bear  on  face  a  certificate  of  registration  signed  by  the  clerk 
of  the  superior  court  of  said  county.  The  coupons  annexed  shall 
bear  the  facsimile  signature  of  the  county  treasurer.  Said  county 
commissioners  may  sell  at  less  than  par  or  at  not  less  than  par 
said  bonds  at  public  sale  after  publication  of  notice  at  least  once 
each  week  for  three  successive  weeks,  the  first  publication  being 
at  least  twenty-one  days  before  the  time  of  opening  of  bids,  re- 
serving, however,  the  right  to  reject  any  and  all  bids,  and  may 
sell  at  private  sale  all  or  any  of  said  bonds  not  tlius  sold,  at  less 
than  par  or  at  not  less  than  par.  Other  particulars  as  to  the 
form,  issuance  and  sale  of  said  bonds  not  fixed  herein  or  by  vote 
of  the  commissioners  may  be  determined  by  the  county  treasurer. 
Presumption  in  Sect.  3.  Bouds  and  uotcs  herein  authorized  purporting  on  face 
IwxHrti  '"""*  ^''^  tf>  ^6  issued  by  virtue  and  in  pursuance  of  this  act,  shall,  in  favor 
of  bona  fide  holders  be  conclusively  presumed  to  have  been  au- 
thorized and  issued  in  accordance  with  provisions  herein  con- 


1923]  Chapter  192.  227 

tained ;  and  no  holder  thereof  shall  be  obliged  to  see  to  the  applica- 
tion of  the  proceeds.  The  county  shall  annually  raise  by  taxation  a 
sum  sufficient  to  pay  the  amounts  of  principal  and  interest  of  said 
bonds  payable  each  year.  Each  bond  and  note  issued  under 
authority  of  this  act  shall  be  exempt  from  taxation  imposed  by 
New  Hampshire  laws. 

Sect.  4.  The  county  commissioners  may  in  the  name  of  the  Temporary  anti- 
county  make  a  temporary  loan  for  a  period  of  not  more  than  one 
year  in  anticipation  of  the  money  to  be  derived  from  the  sale  of 
such  bonds  and  may  issue  notes  therefor,  the  proceeds  of  said 
notes  to  be  applied  to  the  payment  of  said  floating  indebtedness 
specified  in  section  1  herein,  may  renew  or  refund  such  notes  from 
time  to  time  by  an  issue  of  new  notes  maturing  within  said  period 
fixed  for  said  temporary  borrowing,  provided  that  the  period  from 
the  date  of  issue  of  the  original  anticipatory  note  and  the  date  of 
maturity  of  such  renewal  or  refunding  notes  shall  be  not  more  than 
one  year,  and  provided^  also,  that  the  period  within  which  said 
bonds  shall  become  due  and  payable  shall  not  be  extended,  by  rea- 
son of  the  making  of  such  temporary  loan,  beyond  the  time  fixed 
by  section  1  of  this  act.  Said  notes  may  be  in  such  form,  may  bear 
interest  at  such  rate,  or  may  be  sold  at  such  discount,  as  the  county 
commissioners  and  the  county  treasurer  may  deem  proper,  discount 
to  be  treated  as  interest  paid  in  advance. 

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

passage. 

[Approved  March  8,  1923.] 


CHAPTER  192. 

AN  ACT  TO  LEGALIZE   THE   ISSUE   OF   SERIAL   NOTES   OR   BONDS   OF    THE' 
COUNTY  OF  GRAFTON. 


Section 

1.  Authorization    of    funding    bonds    to 

amount   of  $40,000. 

2.  Rate    of    interest;    exemption    from 

taxation;    execution    of    bonds. 


Section 

3.  Acts   of   county    officials    in   relation 

hereto   ratified. 

4.  Takes   effect   on  passage. 


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

Section  1.  The  county  commissioners  of  Grafton  county  are  Authorization  of 
hereby  empowered,  authorized  and  directed  to  issue  for  and  in^''"'^'"?  ^^"l!n" 
behalt  ot  said  county,  serial  notes  or  bonds  to,  the  amount  of  forty  ooo. 


228 


Chapter  193. 


[1923 


Rate  of  interest; 
exemption  from 
t-ixation;    execu- 
tion  of  bonds. 


Acts  of  county 
officials  in  rela- 
tion  hereto   rati- 
fied. 


Takes  effect  on 
passage. 


thousand  dollars,  for  the  purpose  of  funding  a  like  amount  of  its 
outstanding  floating  indebtedness.  Said  notes  or  bonds  shall  be 
issued  in  conformity  to  the  provisions  of  section  2  of  chapter  129 
of  the  Laws  of  1917,  covering  a  period  of  not  exceeding  fifteen 
years. 

Sect.  2.  Said  serial  notes  or  bonds  shall  bear  interest  at  not 
exceeding  five  per  cent,  and  shall  be  exempt  from  taxation  in  New 
Hampshire,  and  shall  be  signed  by  the  county  commissioners  or  by 
a  majority  thereof,  and  countersigned  by  the  county  treasurer. 

Sect.  3.  All  acts,  proceedings,  contracts  and  obligations  done 
or  made  by  the  county  treasurer  or  the  county  commissioners  with 
reference  to  this  issue  of  serial  notes  or  bonds  as  authorized  by 
vote  of  the  Grafton  county  delegation,  February  13,  1923,  are 
hereby  ratified  and  made  legally  binding  upon  said  county. 

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

[Approved  March  20,  1923.] 


CHAPTER  193. 

AN  ACT  TO  legalize  THE  BIENNL\L  ELECTION   HELD  ON  THE   SEVENTH) 
DAY  OF  NOVEMBEK  1922  IN  THE  TOWN  OF  ALTON. 


S'KCTION 

1.      Biennial    election    of    Nov.    7,    1922, 
legalized. 


.Section 

2.      Takes    effect    on    passage. 


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


Biennial  election       SECTION  1,     That   the   votcs   and    proceedings    of   the   biennial 

of   Nov     7     1922 

legalized. '         '   election  held  on  the  seventh  day  of  November,  1922,  in  the  town  of 
Alton  be  and  hereby  are  legalized  and  confirmed. 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 


Takes  effect  on 
passage. 


[Approved  March  21,  1923.; 


1923] 


Chapter  194. 


229 


CHAPTER  194. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  305,  LAWS  OF  1909,  ENTITLED 
''an  act  TO  REVISE  THE  CHARTER  OF  THE  CITY  OP  CONCORD,"  AND 
CHAPTER  245,  LAWS  OF  1919,  IN  AMENDMENT  THEREOF. 


Section 

1.  Board  of  assessors;   meeting;   chair- 

man;  salary  of  clerk. 

2.  Board    of    aldermen    may    authorize 

board     of     assessors     to     employ 
assistants;  comjiensation. 


Section 

3.      Takes   effect    on   passage. 


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


Section  1. 


Anieiid  section  38  of  chapter  305,  Laws  of  1909,  as  Board  of  asses- 
sors; meeting; 


amended  by  chapter  245,  Laws  of  1919,  by  strikmg  out  said  section  chairman;  salary 
and  substituting  therefor  the  following :  Sect.  38.  The  board  °^  '^'*''"'^- 
of  assessors  shall  meet  for  taking  their  oaths  of  office  and  organ- 
ization at  three  o'clock  in  the  afternoon  on  the  fourth  Tuesday 
of  January  in  the  years  1911,  1912,  and  biennially  thereafter.  At 
such  meeting  they  shall  choose  one  of  their  number  to  act  as 
chairman  for  a  term  of  two  years,  except  that  the  term  of  the 
chairman  chosen  in  the  year  1911  shall  be  one  year.  The  mem- 
ber acting  as  clerk  shall  receive  the  sum  of  two  thousand  dollars 
annually,  and  the  other  members  each  the  sum  of  twelve  hundred 
dollars  annually,  in  full  for  their  services. 

Sect.  2.     Amend  section  43  of  chapter  305,  Laws  of  1909,  by  b 
striking  out  said  section  and  substituting  therefor  the  following 
Sect.  43.    The  board  of  aldermen  may  by  ordinance  authorize  the  sp^'s  to  employ  as- 

.  sistants;    compen- 

board  of  assessors  to  employ  assistants,  not  exceeding  one  in  each  sation. 
ward,  to  aid  in  making  the  lists  of  ratable  polls,  such  assistants  to 
be  employed  at  a  compensation  to  be  determined  by  the  board  of 
mayor  and  aldermen.  It  may  also,  by  ordinance,  authorize  the  em- 
ployment of  such  clerical  assistance  as  may  be  required  by  the  board 
of  assessors,  and  fix  the  amount  to  be  expended  for  such  assistance. 


oard  of  alder- 
men may  author- 
ize board  of  asses- 


Sect.  3.     This  act  shall  take  effect  upon  its  passage. 
[Approved  March  21,  1923.] 


Takes  effect  on 
passage. 


230 


Chapter  195. 


1923 


CHAPTER  195. 

AN  ACT  AUTHORIZING  THE  SCHOOL  DISTRICT  OF  GORHAM  TO  INCUR  IN- 
DEBTEDNESS TO  A  CERTAIN  LIMITED  AMOUNT  FOR  THE  PURPOSE  OF 
ACQUIRING  LAND  AND  CONSTRUCTING  THEREON  AND  EQUIPPING  AND 
FURNISHING   A   HIGH   SCHOOL   BUILDING. 


Section 

1.  Authorization  of  debt  not  exceeding 
$75,000  in  excess  of  amount 
allowed  under  Laws  1917, 
c.    129,    s.    7. 


Section 

2.  Authorizing    hiring    of    money 

above  jDurposes. 

3.  Takes   effect   on  passage. 


for 


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


Authorization  of 
debt  not  exceed- 
ing  $75,000   in 
excess  of  amount 
allowed   under 
Laws  1917, 
c.    129,   s.   7, 


Section  1,  For  the  purpose  of  acquiring  land  and  constructing, 
furnishing  and  equipping  a  high  school  building  thereon,  the  school 
district  of  Gorham  is  hereby  authorized  and  empowered  to  incur 
debt  to  an  amount  not  exceeding  $75,000  in  excess  of  the  amount 
permitted  to  be  incurred  by  school  districts  under  the  provisions  of 
section  7  of  chapter  129  of  the  Laws  of  1917. 
Authorizing  hir-  Sect.  2.  For  the  purposcs  set  forth  in  section  1  of  this  act, 
Lbove^purpoTes^^'the  school  district  of  Gorham  is  hereby  authorized  and  empowered 
to  hire  money  at  a  rate  not  exceeding  five  per  centum  per  annum 
and  to  issue  its  notes,  bonds  or  other  obligations  therefor,  payable 
serially  within  a  period  not  exceeding  twenty  years  from  date  of 
their  issue  as  provided  in  sections  2  and  6  of  chapter  129  of  the 
Laws  of  1917;  the  amount  of  each  payment  of  principal  together 
with  the  interest  on  the  indebtedness  thus  incurred  to  be  annually 
assessed  and  collected  as  provided  in  said  section  2  of  said  chap- 
ter 129. 
Takes  effect  on      *  Sect.  3.     This  act  shall  take  effect  upon  its  passage. 

[Approved  March  21,  1923.] 


1923] 


Chapter  196. 


231 


CHAPTER  196. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  268  OP  THE  LAWS  OF  1889,  EN- 
TITLED, '^A.N  ACT  TO  INCORPORATE  THE  WOODSVILLE  GUARANTY  SAV- 
INGS bank/' 


bEGTION 

1.  Charter  amended;  special  depositors 
to  be  members  of  corporation ; 
board   of   trustees;   powers   of. 


Section 

2.      Takes   effect   on   passage. 


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

Section  1.     That  section  5  of  said  act  be  stricken  out,  and  that  charter  amended; 
there  be  substituted  in  place  thereof  the  following:     Sect.  5.    The^t^be^  m^embers^'of 
special  depositors  for  the  guaranty  fund  and  their  assigns  shall  by  bolrd'of' trustees  • 
virtue  thereof  become  and  be  members  of  the  corporation,   and  powers  of. 
shall  have  and  exercise  all  the  rights  and  powers  of  the  same,  each 
special  depositor  being  entitled  to  one  vote  for  each  one  hundred 
dollars  of  his  said  deposit ;  but  no  member  shall  incur  or  be  subject 
to  any  individual  liability  in  any  case  for  any  debts  or  liabilities 
of  the  corporation.     And  the  management  and  control  of  the  affairs 
of  the  corporation  shall  be  vested  in  a  board  of  not  less  than  five 
nor  more  than  ten  trustees,  to  be  chosen  by  the  members  of  the 
corporation.     A  majority  of  said  board,  at  any  meeting  duly  noti- 
fied, shall  constitute  a  quorum  for  the  transaction   of  business. 
Said  board  shall  have  the  power  to  make  and  establish  such  rules 
and  regulations  as  they  may  think  proper  for  the  transaction  of 
the  business  of  the  corporation. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage.  ^a^es  effect  on 

•^  i  o  passage. 


[Approved  March  21,  1923. 


232 


Chapters  197,   19S 


1923 


May  hold  prop- 
erty to  amount 
not   exceeding 
$200,000. 


Takes  effect  on 
passage;   subject 
to  alteration, 
amendment,    or 
repeal. 


CHAPTER  197. 

AN   ACT  TO   AMEND  THE   CHARTER  OF   THE   NASHTTA  PROTESTANT    HOME 

FOR  AGED  WOMEN. 

Section  |  Section 

1.      May   hold   property    to   amount    not  2.      Takes  effect  on  passage;   subject  to 

exceeding  $200,000.  alteration,  amendment,  or  repeal. 

Be  it  enacted   by   the  S^ienate   and  House   of  Representatives   in 
General  Court  convened: 

Section  1.  That  section  2  of  an  act  entitled  "An  Act  to  incorpo- 
rate The  Nashua  Protestant  Home  for  Aged  Women,"  passed  June 
session,  1877,  and  approved  June  22,  1877,  be  and  the  same  is  hereby 
amended  by  striking  out  in  section  2  of  said  act  in  the  fifth  line  the 
word  "one"  and  inserting  in  place  tliereof  the  word  two,  so  that 
said  section  shall  read :  Sect.  2.  Said  corporation  is  hereby  author- 
ized to  establish  and  maintain  in  the  city  of  Nashua,  an  institution 
for  the  support  and  maintenance  of  aged  protestant  women,  and  for 
that  purpose  may  take  and  hold  real  and  personal  estate,  by  do- 
nation, bequest,  purchase  or  otherwise,  to  an  amount  not  exceeding 
two  hundred  thousand  dollars ;  and  may  sell,  convey  and  dispose 
of  the  same  at  pleasure,  and  may  erect  and  maintain  such  buildings 
and  appurtenances  as  may  be  deemed  necessary  for  the  purposes 
of  the  corporation. 

Sect.  2.  This  act  shall  take  effect  from  its  passage,  and  shall  be 
subject  to  alteration,  amendment,  or  repeal  at  the  pleasure  of  the 
legislature. 

[Approved  March  21,  1923.] 


CHAPTER  198. 

AN  ACT  RELATING  TO  THE  CHARTER  OF   THE  GORDON-NASH  LIBRARY  IN 

NEW  HAMPTON. 


Section 

1.      May    hold   property    to   amount   not 
exceeding  $150,000. 


Section 

2.     Takes  effect  on  passage. 


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


May  hold  prop-  SECTION  1.  The  charter  of  the  Gordon-Nash  Library  of  New 
not^ ex^ce^e'di'ng  Hamptou  granted  by  chapter  193  of  the  Laws  of  1887,  as  amended 
$150,000.  i^y  chapter  175  of  the  Laws  of  1895,  and  as  amended  by  chapter 


1923]  Chapter  199.  """  233 

339  of  the  Laws  of  1913,  is  hereby  amended  by  inserting  the  word 
fifty  after  the  word  "hundred"  in  section  2,  so  that  said  section  as 
amended  shall  read :  Sect.  2.  Said  corporation  shall  have  power 
to  hold  by  devise,  grant,  purchase,  or  otherwise,  real  and  personal 
estate,  not  exceeding  one  hundred  fifty  thousand  dollars  in  value. 

Sect.  2.     This  act  shall  take  effect  upon  its  passage,  pL^'sage.^*''^*  "" 

[Approved  March  21,  1923.] 


CHAPTER  199. 

AN     ACT     TO     INCORPORATE     THE     MONADNOCK     CLUB     OF     TROY,     NEW 

HAMPSHIRE. 


Section 

1.  Monaduock    Club    of    Troy,    N.    H., 

incorporated. 

2.  Corporate    powers. 

3.  Board    of    directors. 

4.  By-laws;  choosing  of  officers;  duties 

of. 

5.  Membership  in  corporation. 


Section 

6.  Power    to    contract    for    establishing 

a   home. 

7.  Bonds  donated  to  be  cancelled  and 

not  reissued. 

8.  Alteration  and   amendment  of   char- 

ter. 

9.  Takes  effect  on  passage. 


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

Section  1.  That  Joseph  W.  Jordan,  Warren  C.  Brown,  Leslie  Monadnock  ciub 
C.  Brow^n,  John  F.  Lahiff,  George  H.  Jordan,  Eugene  Gilbo,  Joseph  hicorpJrate'd.  " 
F.  Hawkins,  Fred  P.  Caron,  Richard  J.  Jordan,  Henry  E.  Brown 
and  James  Fletcher,  all  of  Troy,  be  and  they  are  hereby  constituted 
a  corporation  by  the  name  of  the  Monadnock  Club  of  Troy,  N.  H. 
and  they  and  such  others  as  shall  be  duly  elected  members  of  said 
corporation  shall  be  and  remain  a  body  corporate  by  said  name 
from  the  passage  of  this  act  for  the  purpose  of  obtaining  and 
furnishing  a  home  or  building  for  the  use  of  the  Monadnock  Club 
of  Troy,  N.  H. 

Sect.  2.     Said  corporation,  by  that  name,  may  sue  and  be  sued,  corporate  powers, 
prosecute  and  defend  to  final  judgment  and  execution,  and  shall 
have  power  to  take,  acquire,  and  hold  real  and  personal  estate  to 
an  amount  not  exceeding  fifty  thousand  dollars  for  the  purpose  of 
maintaining,  providing  and  furnishing  a  home  for  said  corporation. 

Sect.  3.     The  conduct  of  the  affairs  of  said  corporation  shall  be  Board  of  direc- 
vested  in  a  board  of  directors  to  be  elected  by  said  corporation  in  ^°^^' 
accordance  with  the  by-laws. 


234 


Chapter  200. 


[1923 


Bylaws;  choosing 
of  offie«rs ;  duties 
of. 


Membership  in 
corporation. 


Power  to  contract 
for  establishing  a 
home. 


Bonds   donated  to 
be  cancelled  and 
not  reissued. 


Alteration  and 
amendment  of 
charter. 

Takes  effect  on 
passage. 


Sect.  4.  Said  corporation  may  adopt  such  by-laws  and  make 
such  rules  and  regulations  as  may  be  deemed  necessary,  may  de- 
termine the  number,  time  and  manner  of  choosing  its  officers, 
prescribe  and  define  their  respective  duties,  and  may  from  time  to 
time  alter,  amend,  and  modify  its  by-laws,  rules  and  regulations 
as  therein  provided. 

Sect.  5.'  All  persons  now  members  of  said  Monadnock  Club  of 
Troy,  N.  H.  and  all  persons  hereafter  duly  elected  members  of 
said  Monadnock  Club,  shall  thereupon  become  members  of  said 
corporation,  and  any  person  who  shall  cease  to  be  a  member  of 
said  Monadnock  Club,  shall  thereupon  cease  to  be  a  member  of  said 
corporation,  and  in  that  event  all  his  rights  in  said  corporation 
shall  cease,  and  any  office  which  he  may  hold  in  said  corporation 
shall  become  vacant. 

Sect.  6.  The  said  corporation  shall  have  the  right  to  contract 
for  the  purpose  of  establishing  a  home  for  said  Monadnock  Club 
of  Troy,  N.  H.,  and  may  sell,  dispose  of,  mortgage,  or  encumber 
said  real  estate  by  mortgage  deed  to  secure  its  notes,  bonds,  or 
other  evidences  of  indebtedness. 

Sect.  7.  If  said  corporation  executes  a  mortgage  to  secure  its 
bonds,  it  may  receive  said  bonds  from  any  of  the  holders  thereof 
as  a  donation,  but  in  that  case  the  said  bonds  shall  be  cancelled 
and  not  reissued. 

Sect.  8.  The  legislature  may  alter  and  amend  this  act  when 
the  public  good  requires. 

Sect,  9.     This  act  shall  take  effect  upon  its  passage. 

[Approved  March  21,  1923.] 


CHAPTER  200. 

AN  ACT  TO  AUTHORIZE  THE  TOWN  OP  LEBANON  TO  INCREASE  ITS 
BONDED   DEBT. 


Section 

1.  Town  of  Lebanon  authorized  to  in- 
cur indebtedness  not  to  exceed 
$300,000  for  municipal  buildings. 


Section 

2.  Bonds    authorized;    exouiption    from 

taxation ;   interest. 

3.  Takes  effect  on  passage. 


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


Town  oi'  Lebanon 
authorized   to 
incur  indebted- 
ness not  to  ex- 
ceed  $300,000 


Section  1.  The  town  of  Lebanon  is  hereby  authorized  to  incur 
indebtedness  in  an  amount  not  exceeding  three  hundred  thousand 
dollars  ($300,000)  in  addition  to  the  amount  now  allowed  by  the 


1923] 


Chapter  201. 


235 


General  or  Public  Statutes  and  special  statutes,  and  to  issue  bonds  f;'Jij^'?7g'^''''i"*^ 
to  the  full  extent  of  the  limit  thus  established,  or  for  any  portion 
thereof,  for  the  construction  and  equipment  of  a  municipal  building 
or  buildings  for  town  hall,  court  room  and  other  purposes. 

Sect.  2.     Said  bonds  may  be  issued  in  such  denominations  and  Bonds  author- 

''  .  ized ;   exemption 

upon  such  terms  as  the  town  of  Lebanon  may  determine  at  any  from  taxation ; 
meeting  duly  called  for  that  purpose,  and  the  same  shall  be  exempt 
from    taxation    when    owned    by    residents    of    New    Hampshire, 
provided  they  do  not  bear  interest  at  a  rate  exceeding  five  per  cent. 
per  annum. 

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


Takes   effect  on 
passage. 


[Approved  March  27,  1923. 


CHAPTER  201. 

AN  ACT  TO  LEGALIZE  THE  VOTE  AND  ACTION  OP  THE  GRAFTON   COUNTY 
DELEGATION  HELD  ON  THE  SEVENTH  DAY  OP  MARCH,  1923. 


Section 

1.  Vote  of  Grafton  county  delegation 
of  March  7,  1923,  appropriating 
$20,000  for  court-house  at  Leba- 
non,   legalized. 


Section 

2.     Takes    effect   on   passage. 


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

Section  1.  That  the  vote  and  action  taken  by  the  Grafton 
county  delegation,  at  a  meeting  held  on  March  seventh,  1923,  on 
the  following  resolution,  be  and  hereby  are  legalized  and  confirmed : 


"Resolved,  That  for  the  purposes  of  providing  accommodations  vote  of  Grafton 
for  the  superior  court  holden  at  Lebanon  in  the  county  of  Grafton,  ^aUmf  of*^ March 
said  county  hereby  appropriates  $20,000  to  be  raised  in  sums  of  '^^.  i923.^ap- 
$4,000  each  year  for  five  years,  beginning  with  the  year  1923,  and  $20,000  for 
that  the  same  be  paid  to  the  town  of  Lebanon  as  raised  by  said  [Lebanon, '^ 
county  upon  the  order  of  the  county  commissioners,  provided  said  i^saiized. 
town  of  Lebanon  shall  build  and  furnish  suitable  rooms  and  ef|uip- 
ment  in  the  town  hall  building,  so  called,  which  is  to  be  erected  in 
said  Lebanon,   and  furnish  them  to  said  county   for   court   and 
county  purposes  as  long  as  terms  of  superior  court  are  held  in  said 
Lebanon,  and  provided,  further,  that  said  town  shall  properly  heat 
and  light  said  court  rooms  free  of  charge  to  said  county,  said  rooms 
to  be  finished  and  furnished  in  a  manner  satisfactory  to  a  committee 
consisting  of  the  county  commissioners  and  two  members  of  the 


236 


Chapter  202. 


[1923 


Takes  effect  on 
passage. 


county  convention  to  be  appointed  by  the  chairman  of  the  con- 
vention, and  provided  further  that  said  town  of  Lebanon  shall  at 
all  times  carry  $20,000  of  insurance  to  protect  said  county  in  its 
investment  as  above  stated,  payable  to  said  county  of  Grafton  in 
case  of  loss  by  fire  as  its  interest  may  appear ;  and  provided  further 
that  said  town  of  Lebanon  pass  a  legal  vote  accepting  said  $20,000 
for  the  purposes  and  upon  the  conditions  herein  mentioned. ' ' 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

[Approved  March  29,  1923.] 


CHAPTER  202. 


AN  ACT  RELATING  TO  OPEN  AIR  CONCERTS  IN  THE  CITY  OF  MANCHESTER. 


Section 

1.      Manchester    authorized    to    appvopri- 
ate  $1,000  for  open  air  concerts. 


S'kction 

2.     Takes  effect  on  passage. 


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


Manchester    au- 
thorized to   ap- 
propriate 
$1,000  for  open 
air  concerts. 


Takes  effect  on 


Section  1.  Amend  section  1,  chapter  258,  Laws  of  1893,  by 
striking  out  in  line  two  the  words  ' '  four  hundred ' '  and  inserting  in 
place  thereof  the  words  one  thousand,  so  that  said  section  as 
amended  shall  read  as  follows :  Section  1.  The  city  of  Manchester 
is  hereby  authorized  to  appropriate  a  sum  not  exceeding  one  thou- 
sand dollars  annually  for  the  purpose  of  providing  a  series  of  open 
air  concerts  for  the  benefit  of  the  citizens  of  said  city,  said  money 
to  be  expended  under  the  direction  of  the  board  of  mayor  and 
aldermen. 

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

[Approved  April  5,  1923.] 


1923] 


Chapters  203,  204. 
CHAPTER  203. 


237 


AN  ACT  LEGALIZING  THE  VOTES  AND  PROCEEDINGS  OF  THE  TOWN  MEET- 
INGS HELD  IN  LEBANON  IN  MARCH  1923  RELATIVE  TO  ISSUING  BONDS. 


Section 

1.  Vote  of  March  31,  1923,  relative 
to  issuing  bonds  aggregating 
$250,000   for  town  hall,   legalized. 


Fectiox 

2.     Takes  effect  on  passage. 


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

Section  1.     The  action  of  the  town  of  Lebanon  at  the  annual  vote  of  March 

31     1923     rela- 

meeting  held  on  March  13,  1923  and  the  vote  and  action  of  the  tive  to  issuing 
town  of  Lebanon  at  the  adjourned  annual  meeting  held  March  31,  $35o^ooo^for^'"^ 
1923  relative  to  issuing  bonds  to  the  aggregate  amount  of  two  hun-  {"^"izetf"' 
dred  fifty  thousand  dollars  for  the  purpose  of  raising  money  for 
the  construction  of  a  town  hall  in  said  town,  are  hereby  ratified, 
confirmed  and  legalized,  and  said  town  is  hereby  authorized  to 
issue  said  bonds  or  such  portion  thereof  as  may  be  required,  in  the 
manner  and  upon  the  terms  as  provided  in  said  vote  relating 
thereto  as  passed  at  said  meeting. 


Sect.  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  April  12,  1923.] 


Takes   effect  on 
passage. 


CHAPTER  204. 


AN  ACT  IN  AMENDMENT  OP  THE  CHARTER  OF  THE  TRUSTEES  OF  THE 
orphans'  HOME  OF  CONCORD,  APPROVED  JUNE  26,  1874,  AS 
AMENDED  BY  AN  ACT  APPROVED  MARCH  10,  1897,  AND  IN  AMEND- 
MENT OF  "an  act  to  exempt  the  orphans'  HOME  OP  CONCORD, 
NEW  HAMPSHIRE,  FROM  TAXATION. ' ' 


S'EC'TIOX 

1.      Name    of    Orphans'     Home    of    Con- 
cord,  changed   to   Coit  House. 


SEf'TION 

2.  Property  exempted  from   taxation. 

3.  Takes  effect  on  passage. 


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

Section  1.     Amend  section  1  of  chapter  168,  Laws  of  1874,  as  Name  of  orphans- 
amended  by  section  1,  chapter  177,  Laws  of  1897,  i)y  striking  out  cord,'' chang°e'd  to 
the  words  "Orphans'  Home"  wherever  they  appear  in  said  sec- *^'"*  House, 
tion,  and  inserting  in  place  thereof  the  words  Coit  House ;  so  that 
said  section  as  amended  shall  read  as  follows;    Section  1.     That 
William  W.  Niles,  Henry  A.  Coit,  Joseph  H.  Coit,  Josiah  Minot, 


238 


Chapter  205. 


[1923 


Property  ex- 
empted from 
taxation. 


Takes    effect 
passage. 


Albert  R.  Hatch,  and  their  associates,  are  hereby  incorporated 
and  made  a  body  politic,  under  the  name  of  the  Trustees  of  the 
Coit  House  at  Concord.  Said  corporation  may  take,  hold  and 
manage  such  property  as  may  be  obtained,  by  donation  or  other- 
wise, not  exceeding  two  hundred  and  fifty  thousand  dollars,  for 
the  purpose  of  maintaining,  educating,  or  otherwise  aiding  chil- 
dren who  have  lost  one  or  both  parents,  or  are  otherwise  destitute, 
and  of  aiding  or  supporting  aged  clergymen  and  their  families,  the 
families  of  deceased  clergymen,  and  other  worthy  persons,  and 
also  of  aiding  or  supporting  persons  devoted  to  such  charitable 
works  as.  the  nursing  and  relief  of  the  sick  and  the  care  and 
teaching  of  indigent  young  children.  They  may  also  receive  all 
such  minor  chidren  as  may  be  bound  to  them  under  indenture  by 
their  surviving  parent  or  guardian  according  to  the  laws  of  this 
state  relating  to  master  and  apprentice,  and  shall  have  the  same 
rights,  and  be  subject  to  the  same  liabilities,  in  regard  to  children 
so  bound  as  other  masters  may  lawfully  have. 

Sect.  2.  Amend  section  1  of  chapter  386,  Laws  of  1913,  by 
striking  out  the  entire  section  and  inserting  in  place  thereof  a 
new  section  to  read  as  follows :  Section  1.  The  Trustees  of  the 
Coit  House  at  Concord,  New  Hampshire,  being  a  charitable  insti- 
tution without  profit  to  any  person,  the  property  thereof  is  hereby 
exempt  from  taxation  so  long  as  and  to  the  extent  that  said 
property  is  used  for  the  purposes  for  which  said  institution  is 
incorporated. 

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

[Approved  April  12,  1923.] 


CHAPTER  205. 


AN  ACT   TO   AUTHORIZE  THE  COUNTY   OF   COOS   TO   ISSUE  NOTES. 


S'ec'tion 

1.  Coos    county    comiiiissioiiers    author- 

ized to  issue  notes  not  exceeding 
$50,000  to  fund  fioafins;  in- 
debtedness. 

2.  Notes,    how    to    he    executed. 


Section 

3.  Notes    valid   in   hands    of    bona    fide 

holders;  interest  to  bo  raised  by 
taxation;  exemption  of  notes 
from  taxation. 

4.  Takes  effect  on  passage. 


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


Section  1.     The    county    commissioners    of   Coos    county    are 
hereby  authorized  to  issue  for  and  in  behalf  of  said  county  notes 


Coos  county 
commissioners 
authorized     to 

excTed?nT  ""'     ^f>  an' extent  not  exceeding  fifty  thousand  dollars   ($50,000)   for 


1923] 


Chapter  206. 


239 


the  purpose  of  funding  a  like  amount  of  outstanding  floating  in-  $5o,ooo  to  fund 
debtedness  now  represented  by  various  notes  and  any  refundings  deWedness. 
or  renewals  of  all  or  any  portion  thereof  heretofore  or  hereafter 
made,  and  to  reimburse  the  county  treasury  for  any  funds  ad- 
vanced therefrom  temporarily  to  pay  any  portion  of  said  floating 
indebtedness,  pending  the  receipt  of  proceeds  of  notes  authorized 
by  this  act.  Said  notes  shall  be  payable  twenty-five  thousand 
dollars  ($25,000)  January  1,  1924,  and  twenty-five  thousand  dol- 
lars ($25,000)  January  1,  1925,  and  shall  bear  interest  at  a  rate 
not  to  exceed  five  (5)  per  cent,  per  annum,  payable  semi-annually. 

Sect.  2.     Each  note  shall  be  signed  by  the   county  commis-  Notes,  how  to 
sioners  or  by  a  majority  thereof,  countersigned  by  the  county 
treasurer,  and  bear  on  face  a  certificate  of  registration  signed  by 
the  clerk  of  the  superior  court  of  said  county. 

Sect.  3.     Notes  herein  authorized  purporting   on  face  to  be  Notes  valid  in 
issued  by  virtue  and  in  pursuance  of  this  act,  shall,  in  favor  of  )^f/g''ijoi^ers''r''in- 
bona  fide  holders  be   conclusively  presumed  to   have   been   an-  l^^^lf^  ^y  ^f^a- 
thorized  and  issued  in  accordance  with  provisions  therein  con-tJon;  exemption 

,  ,  , .         ,  1       o'    notes    from 

tained ;  and  no  holder  thereof  shall  be  obliged  to  see  to  the  taxation. 
application  of  the  proceeds.  The  county  shall  annually  raise  by 
taxation  a  sum  sufficient  to  pay  the  amounts  of  principal  and  in- 
terest of  said  notes  payable  each  year.  Each  note  issued  under  au- 
thority of  this  act  shall  be  exempt  from  taxation  imposed  by 
New  Hampshire  laws. 

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

^  i  o  passage. 

[Approved  April  12,  1923.] 


CHAPTER  206. 

AN   ACT  AUTHORIZING  THE  ENFIELD  VILLAGE  FIRE  DISTRICT   TO  RENEW 
AND   EXTEND   ITS    WATER  BONDS. 


Section 


Enfield  Village  Fire  District  au- 
thorized to  extend  its  bonds  dnc 
.July  1,  1923,  to  July  1,  1933: 
rate  of  interest  may  he  .'>%;  pay- 
ments   on    principal. 


Section 

2.      Takes   effect   on   passage. 


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


Section  1.     That  the  Enfield  Village  Fire  District  be  and  is  Enfieid  village 

.  ^  -  Fire    District 

herel)y  authorized  to  renew  and  extend   upon  the  same  terms  and  authorized   to 


240 


Chapter  207. 


1923 


extend  its  bonds 
due  July  1,  1923, 
to  July  1,  1933; 
rate  of  interest 


may    be 

pajnnents 

principal. 


5% ; 


Takes  effect  on 
passage. 


conditions  (except  as  to  interest)  as  originally  written,  the  three 
and  one-half  per  cent,  water  supply  bonds  amounting  to  seventeen 
thousand  dollars  ($17,000)  now  outstanding  and  which  will  be- 
come due  July  1,  1923,  for  a  further  period  of  ten  years,  that  is, 
until  July  1,  1933 ;  and  the  commissioners  of  said  fire  district  are 
hereby  empowered  to  make  all  necessary  arrangements  and  con- 
tracts with  the  holders  of  said  bonds-  for  such  extension  and  re- 
newal, and  for  the  payment  of  interest  not  exceeding  an  annual 
rate  of  five  per  cent.,  as  it  shall  become  due.  Payment  on  the 
principal  of  said  bonds  shall  be  made  annually  in  equal  amounts 
in  such  sums  that  the  total  amount  of  such  payments  shall  be 
sufficient  to  extinguish  the  debt  on  account  of  which  said  bonds 
are  issued  at  maturity,  and  the  first  payment  shall  be  made  not 
later  than  two  years  after  the  date  of  the  issuance  of  said  bonds. 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

[Approved  April  12,  1923.] 


CHAPTER  207. 

AN  ACT  TO  LEGALIZE  THE  MARCH  MEETING.  HELD  ON  THE  THIRTEENTH 
DAY   OF   MARCH    1923   IN  THE  TOWN  OP  CLARKSVILLE. 


S'kc'tion 

1.     Town   meeting   of   March    13,    1923, 
legalized. 


S'ection 

2.      Takes  effect  on  passage. 


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


Section  1.  That  the  votes  and  proceedings  of  the  March 
meeting  held  on  the  thirteenth  day  of  March,  1923  in  the  town 
of  Clarksville  be  and  hereby  are  legalized  and  confirmed. 


Takes  effect  on 
passage. 


Sect.  2.     This  act  shall  take  effect  upon  its  passage. 
[Approved  April  12,  1923.] 


1923]  Chapters  208,  209.  241 

CHAPTER  208. 

AN  ACT  LEGALIZING  THE  ANNUAL  SCHOOL  DISTRICT  MEETING  FOR  THE 
TOWN  OP  HOLDERNESS  ON  THE  THIRTEENTH  DAY  OF  MARCH,  1923. 


Section 

1.     Town    meeting   of   March    13,    1923, 
legalized. 


Section 

2.     Takes  effect  on   passage. 


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

Section  1.     That  all  votes  and  proceedings  passed  at  the  annual  Town  meeting 

r.    TT    1  T  Y     1  1  .^         .1   •       oi  March   13, 

school  meeting  lor  the  town  oi  Holaerness  holden  on  the  thir- 1923,  legalized, 
teenth  day  of  March,  1923,  ])e  and  hereby  are  legalized  and  con- 
firmed. 

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

passage. 

[Approved  April  12,  1923.] 


CHAPTER  209. 

an  act  to  legalize  the  town  election  held  on  the  thirteenth 
day  op  march,  1923,  in  the  town  of  tuftonboro. 

Section  I    Section 

1.      Town    meeting    of    March    13,    1923,     l         2.      Takes    effect    on    passage, 
legalized. 

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

Section  1.  That  the  votes  and  proceedings  of  the  town  elee- Town  meeting  of 
tion  held  on  the  thirteenth  day  of  March,  1923,  in  the  town  of  Szer'  ^^^^' 
Tuftonboro,  be  and  hereby  are  legalized  and  confirmed. 

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

passage. 

[Approved  April  12,  1923.] 


242 


Chapters  210,  211. 


[1923 


CHAPTER  210. 

AN  ACT  LEGALIZING   CERTAIN   PROCEEDINGS  AT   THE  ADJOURNED   MEET- 
ING OP  THE  TOWN  OP  ASHLAND,   MARCH   17,   ]923. 


Section 

1.      Vote    of    town    in    relation    to    sol- 
diers'    memorial     legalized. 


Section 

2.      Takes    effect    on    passage. 


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


Vote  of  town  ir 
relation  to  sol- 
diers' memorial 
legalized. 


Section  1.  The  action  taken  at  the  adjourned  meeting  of  the 
town  of  Ashland  March  17,  1923,  whereby  it  was  voted  that  the 
$5,000  already  raised  and  appropriated  for  the  soldiers'  memorial 
be  given  the  Ezra  Dupuis  Post  No.  15,  American  Legion  with  the 
stipulation  that  should  the  Post  not  be  able  to  continue  in  charge 
of  it  that  the  memorial  will  pass  into  the  charge  of  the  town  of 
Ashland  to  be  kept  as  a  perpetual  memorial,  is  hereby  legalized, 
ratified  and  confirmed  and  the  selectmen  of  said  town  of  Ash- 
land are  hereby  authorized  to  pay  five  thousand  dollars  to  the 
Ezra  Dupuis  Post  No.  15,  American  Legion. 
Takes  effect  6n       Sect.  2,     This  act  sluill  take  effect  upon  its  passage. 


[Approved  April  20,  1923;; 


CHAPTER  211. 


AN  ACT  to  authorize  THE  SCHOOL  DISTRICT  OP  THE  TOWN  OP  CLARE- 
MONT  TO  RAISE  MONEY  AT  A  SPECIAL  MEETING  THEREOP. 


Section 

1.  Claremont  school  district  author- 
ized to  raise  and  appropriate 
not  exceeding  $60,000  at  special 
meeting. 


Section 

2.  Vote    at     such    meeting    not    to    be 

subject   to   provisions    of    general 
school    law. 

3.  Takes    effect     on    passage. 


Be  it  enacted   hy   the   Semite   and   House   of   liepresentativcs   in 
General  Court  convened: 

Claremont   school      SECTION  1.     The  school  district  of  the  town  of  Claremont,  for 

fzeT'to  r^'aiseTnd  the  purposc  of  crccting  and  equipping  a  schoolhouse,  is  hereby 

Appropriate    not    authorizcd  to  raisc,  appropriate  and  borrow  money  to  an  amount 

ooo^at*"peciai  ''   not  exceeding  sixty  thousand  dollars  (-$60,000)  at  a  special  meet- 

™«^"°s.  .^^  ^^  ^j^g  qualified  voters  thereof  legally  warned  and  called,  and 

to  be  holden  on  or  l)efore  the  thirtieth  day  of  June,  1923,  by  a 

majority  vote  of  the  ([ualified  voters  present  and  voting  at  said 

meeting. 


1923] 


Chapters  212,  213. 


243 


Sect.  2.     Section  3  (a),  part  V,  chapter  85,  Laws  of  1921,  shall ;;^ot«j^a^t  ^such^ 

be    subject   to 
provisions    of 

Sect.  3.     This  act  shall  take  etfect  upon  its  passage.  general  school 

law. 

Takes  effect  on 
passage. 


not  apply  to  any  vote  that  may  be  passed  by  said  meeting. 


[Approved  April  20,  1923.] 


CHAPTER  212. 


AN  ACT  TO  LEGALIZE  THE  ANNUAL  MEETING  OP  THE  CONWAY  VILLAGE 
FIRE  DISTRICT  HELD  ON  THE  TWENTY-SIXTH  DAY  OF  MARCH,   1923. 


Section 

1.      Conway   Village    fire    district   meet- 
ing  legalized. 


Section 

Z.      Takes    effect    on    iiassage. 


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

Section   1.     That   the  votes   and   proceedings   of   the    annual  conway   village 
meeting  of  the  Conway  Village  Fire  District  held  on  the  twenty-  ffle^eting*'"eg*ai- 
sixth  of  March,  1923,  be  and  hereby  are  legalized  and  confirmed.  '^^'^• 

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

passage. 

[Approved  April  20,  1923.] 


CHAPTER  213. 


AN  ACT  IN  amendment  OF  CHAPTER  177,  LAWS  OF  1885,  AS  AMENDED 
BY  CHAPTER  199  OF  THE  LAWS  OF  1895,  CHAPTER  153  OF  THE  LAWS 
OP  1897,  CHAPTER  199  OP  THE  LAWS  OP  1899,  AND  CHAPTER  182  OF 
THE  LAWS  OF  1901,  BEING  THE  CHARTER  OF  THE  MANCHESTER 
TRACTION,   LIGHT  &  POWER  COMPANY, 


Section 

1.      Cliarter   amended   as   to    issuance   of 
stock,    etc. 


Section 

2.      Takes    effect    on    passage. 


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


Section  1.     The  charter  of  the  Manchester  Traction,  Light  &  Charter  amended 

n  n         ^  J.     •         n    •       J 1  -i  ,  ,      ,     .      as    to    issuance   of 

Power  Company  as  contained  m  the  several  acts  enumerated  m  stock,    etc 


244  Chapter  213.  [1923 

the  title  hereof,  said  corporation  having  originally  been  incorpo- 
rated under  the  name  of  "American  Typographic  Company" 
(chapter  177,  Laws  of  1885)  and  at  one  time  known  as  "Ameri- 
can Manufacturing  Company"  (chapter  199,  Laws  of  1895),  is 
hereby  amended  by  striking  out  all  of  section  9  of  said  charter 
as  originally  enacted  in  chapter  177,  section  9,  of  the  Laws  of 
1885  and  amended  by  chapter  199,  section  2,  of  the  Laws  of  1899, 
and  substituting  the  following  instead  thereof:  Sect.  9.  The 
capital  stock  of  said  company  may  be  established  at  any  sum 
not  exceeding  five  millions  of  dollars,  divided  into  shares  of  the 
par  value  of  one  hundred  dollars  each,  and  may  from  time  to 
time  with  the  authority  of  the  public  service  commission,  for  any 
corporate  purpose  approved  by  said  commission,  be  increased  to 
such  amount,  either  within  or  in  excess  of  said  sum  of  five  million 
dollars,  as  may  be  authorized  by  vote  of  the  holders  of  a  ma- 
jority of  the  stock  outstanding  and  entitled  to  vote  and  present 
or  represented  by  proxy  and  voting  at  any  meeting  of  the  corpo- 
ration duly  called  for  that  purpose;  and  said  company  may  by 
like  vote  divide  its  capital  stock  into  different  classes  of  shares, 
giving  to  any  class  such  preferences,  restrictions  or  disabilities 
in  liquidation  and  in  respect  to  dividends,  voting  power  and 
otherwise  as  it  may  deem  expedient.  It  may  acquire  by  pur- 
chase, concession,  lease  or  otherwise,  real  and  personal  estate  for 
any  purpose  germane  to  its  authorized  business,  and  manage  and 
dispose  of  the  same  at  pleasure.  It  may,  subject  to  such  approval 
of  the  public  service  commission  as  may  be  required  by  law,  issue 
its  bonds  or  notes  and  secure  the  same  by  mortgage  or  trust  deed, 
and  may  purchase  and  hold  the  stock  and  endorse  and  guarantee 
the  payment  of  the  bonds  or  notes  of  other  corporations  to  an 
amount  not  exceeding  its  capital  stock. 
Takes  effect  on        Sect.  2.     This  act  shall  take  effect  upon  its  passage. 


passage. 


Approved  April  20,  1923.] 


1923]  Chapters  214,  21.').  245 

CHAPTER  214. 

AN  ACT  TO  LEGALIZE  THE  VOTE  AND  PROCEEDINGS  AT  THE  ANNUAL  TOWN 
MEETING  HOLDEN  IN  COLEBROOK,  MARCPI  1921,  RELATING  TO  EXEMP- 
TION FROM  TAXATION  OF  DR.  KERR's  HOSPITAL. 

Si'X'TioN  I    Section 

1.      Vote   of   Colebrook   cxemptiug   Kerr  2.      Takes    effect    on    luissage. 

hospital    legalized.  | 

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

Section  1.     That  the  votes  and  proceedings  of  the  annnal  town  vote  of  ooie- 

.       T.  I-  1       -1  r. -»-i      •         1  l)rook    exempting 

meeting  held  on  the  second  Tuesday  m  March,  11)21,  m  the  town  Kerr  hospital 
of  Colebrook,  relating  to  the  exemption  from  taxation   of  the  "^'^  '^® 
private  hospital  owned  and  conducted  by  Dr.  Kerr  in  Colebrook, 
l)e  and  hereby  are  legalized  and  confirmed. 

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

■^  i  c3  passage. 

[Approved  April  20,  1923.] 


CHAPTER  215. 

AN  ACT  TO  AUTHORIZE  THE  WOODSVILLE  FIRE  DISTRICT  OF  THE  TOWN' 
OF  HAVERHILL  TO  EXCEED  ITS  IjIMIT  OF  BONDED  INDEBTEDNESS  AS 
FIXED  BY  CHAPTER  129,  LAWS  OF  1917,  AND  TO  ISSUE  SERIAL  NOTES 
OR  BONDS. 

Section  [    Suction 

1.      Woodsville     fire     district     authorized  3.      Interest   on   loan;    bonds    to   be   ex- 

to  issue  $25,000  of  bonds  to  im-     1  empted  from  taxation;  how  bonds 


prove    its    electric    light   plant. 
Commissioners     of     district    author- 
ized  to  issue   notes   or   bonds   to 
above    amount. 


or    notes    to   be    executed. 
Takes   effect   on  passage. 


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

Section  1.     The  Woodsville  Fire  District  of  the  town  of  Haver-  woodsviiie  fire 
hill  is  hereby  authorized  to  incur  indebtedness  in  an  amount  not  j^^'ld'^'to  Yssu^ 
exceeding  twenty-five  thousand  dollars  for  the  purpose  of  im-  fo"'''i|^°,°„°e  '^j""''" 
proving  its  electric  light  plant ;  said  amount  to  be  in  addition  to  electric   light 
the  amount  already  authorized  by  chapter  129,  Laws  of  1917. 


246 


Chapter  216. 


1923 


Commissioners  of      Sect.  2.     Tile  coiumissioners  of  the  Woodsville  Fire  District 
ized"to  issue"      are  hereby  empowered,  authorized  and  directed  to  issue  for  and 
above  °amo°mL  ^°  in  behalf  of  Said  district  serial  notes  or  bonds  to  the  amount  of 
twenty-five  thousand  dollars  for  the  purpose   of  improving   its 
electric  light  plant.     Said  notes  or  bonds  shall  be  issued  in  con- 
formity to  the  provisions  of  chapter  129,  of  the  Laws  of  1917, 
covering  a  period  of  not  exceeding  fifteen  years. 
Interest  on  loan;      Sect.  3.     Said  Serial  uotcs  Or  bonds  shall  bear  interest  at  not 
emp*tod''*from  tax-  exceeding  fivc  per  cent,  and  shall  be  exempt  from  taxation  in 
^r'*no'tes°to  be"^'^*  Ncw  Hampshire,  and  shall  be  signed  by  the  district  commissioners 
executed.  qj.  })y  a  majority  thereof  and  countersigned  by  the  district  treas- 


Takes   effect   on 
passage. 


urer. 


Sect.  4.     This  act  shall  take  effect  upon  its  passage. 
[Approved  April  20,  192;i.] 


CHAPTER  216. 

AN  ACT  TO  LEGALIZE  CERTAIN  ACTS  OF  THE  BETHLEHEM  VILLAGE  I'KE- 
CINCT  AND  TO  AUTHORIZE  THE  PRECINCT  TO  ISSUE  BONUS  TO  REFUND 
OUTSTANDING  WATER  BONDS. 


Section 

1.  Vote  of  Bethk'hcm  Village  pre- 
cinct refunding  water  bonds  by 
loan    of    $30,000    legalized. 


Section 

2.  Precinct  aiitliorizcd  to  procure  loan 

for    above    i>urpose. 

3.  Takes    effect    on   passage 


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


000    legalized. 


Vote  of  Bethie-  SECTION  1.  The  actiou  of  the  Bethlehem  Village  Precinct,  at 
pr^ii^\"'*fefund-  an  annual  meeting  thereof  held  March  24,  1923,  by  which  the 
bT  ii)In**o'^f  $30*^-*^  precinct  voted  to  authorize  its  commissioners  to  borrow  money 
on  the  credit  of  the  precinct  in  the  sum  of  $30,000,  and  to  issue 
its  notes  or  bonds  therefor,  for  the  purpose  of  refunding  its  out- 
standing water  bonds  of  September  1,  1903,  due  September  1, 
1923,  in  the  sum  of  $30,000,  is  hereby  legalized,  ratified  and 
confirmed. 

Sect.  2.  The  said  Bethlehem  Village  Precinct  is  hereby  author- 
ized and  empowered  to  borrow  money,  on  the  credit  of  the  pre- 
cinct to  the  amount  of  $30,000,  either  under  the  action  of  the  said 
meeting  of  the  precinct  March  24,  1923,  or  by  a  two-thirds  vote 
of  the  voters  present  and  voting  at  any  annual  or  special  meeting 
of  the  precinct  hereafter,  duly  warned  of  the  purpose,  and  to 


Precinct     author 
ized   to   procure 
loan    for    above 
purpose. 


1923] 


Chapter  217. 


247 


issue  its  notes  or  bonds  therefor,  for  the  purpose  of  refunding  its 
outstanding  water  bonds  of  September  1,  1903,  due  September  1, 
1923  in  the  sum  of  $30,000;  the  notes  or  bonds  so  issued  to  be 
payable  serially,  in  annual  payments,  so  that  the  amount  of  the 
annual  payment  in  any  year  on  account  of  said  indebtedness  shall 
not  be  less  than  the  amount  of  the  principal  payable  in  any  sub- 
sequent year,  and  the  last  of  said  notes  or  bonds  shall  be  paid 
and  the  entire  obligation  discharged  not  later  than  twenty  years 
from  the  date  of  issue  thereof.  The  amount  of  each  payment  of 
principal,  together  with  the  interest  on  said  indebtedness,  shall, 
without  vote  of  the  precinct,  be  annually  assessed  and  collected. 
The  said  notes  or  bonds  shall  be  signed  by  the  precinct  commis- 
sioners, or  a  majority  of  them,  and  countersigned  by  the  treas- 
urer of  the  precinct,  and  shall  have  the  seal  of  the  precinct 
affixed  thereto ;  with  tlie  right  in  said  commissioners  to  fix  the 
time  and  place  of  payment,  rate  of  interest,  designate  the  title 
of  said  notes  or  bonds,  and  to  do  all  things  necessary  to  borrow 
money  on  said  notes,  or  to  issue  and  sell  said  bonds.  All  notes 
or  bonds  issued  under  this  act,  in  favor  of  dona  fide  holders, 
shall  be  conclusively  presumed  to  have  been  duly  and  regularly 
authorized,  and  issued  in  accordance  with  the  provisions  herein 
contained,  and  no  holder  thereof  shall  be  obliged  to  see  to  the 
existence  of  the  purpose  of  issuing,  or  the  regularity  of  any  of 
the  proceedings  by  virtue  of  which  said  notes  or  bonds  are  issued, 
or  to  the  application  of  the  proceeds  of  such  issue. 
Sect.  3.     This  act  shall  take  effect  upon  its  passage. 


Takes   effect   on 
passage. 


[Approved  April  27,  1923. 


CHAPTER  217. 

AN  ACT  ENABLING  THE  TOWN  OF  OSSIPEE  TO  EXEMPT  FROM   TAXATION 
CERTAIN  PROPERTY  IN  THAT  TOWN  TO  BE  USED  FOR  HOTEL  PURPOSES. 


Section 

1.      Hotel   property   in    Ossipee   may   be 
exempted    from    taxation. 


Section 

2.      Takes    effect    ou    passage. 


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


Section  1.  The  town  of  Ossipee  may  by  vote  exempt  from  Hotel  property 
taxation  any  buildings  which  may  hereafter  be  erected  on  the  j^"  ^l^emifteT''^ 
land  upon  which  the  "Carroll  Inn"  stood  while  the  same  are  used'^'^m  taxation. 


248  Chaptek  2 is.  [1923 

for  hotel  purposes,  for  a  term  not  exceeding  ten  years  from  the 
date  when  the  erection  of  said  hotel  buildings  shall  ))e  begun; 
provided,  further,  that  the  selectmen  of  said  town  shall  annually 
appraise  such  hotel  property  and  the  valuation  determined  upon 
for  the  same  shall  be  added  to  the  valuation  of  all  other  property 
in  the  town  of  Ossipee  in  determining  the  total  valuation  for  the 
purposes  of  state  and  county  tax. 
iTr.isage!^""'*  "''        ^^^'^-  2-     This  act  shall  take  effect  upon  its  passage. 

[Approved  April  27,  1923.] 


CHAPTER  218. 

AN  ACT  RELATING  TO  THE  ISSUE  OF  BONDS  BY  THE  SCHOOL  DISTRICT  OF 
THE  TOWN  OF  SALEM. 

Section  Section 

1.      Salem   school    district   authorized   to  2.      Takes   effect    on   passage, 

issue  bonds  to  amount  of  $70,- 
000  for  erection  of  school  build- 
ings. 

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

Salem  school  dis-  SECTION  1.  The  scliool  district  of  the  town  of  Salem  is  hereby 
to  issue  bonds  to  authorized  at  any  meeting  called  for  that  purpose,  to  borrow 
omrTor  "erection  upou  the  Credit  of  said  school  district  a  sum  not  exceeding 
i*!!„>,^''^°°'  ^'^'''^'  seventy  thousand  dollars,  in  addition  to  the  amount  now  allowed 

ings.  ''  ' 

by  general  or  special  statutes,  for  the  erection  of  school  buildings, 
and  to  issue  bonds  or  notes  therefor  at  the  lowest  rate  of  interest 
obtainable. 
Takes  effect  on        Sect.  2.     This  act  shall  take  effect  upon  its  passage. 

passage. 


[Approved  April  27,  1923.; 


1923] 


Chapter  219. 
CHAPTER  219. 


249 


AN   ACT    IN    AMENDMENT    OP    THE    CHARTER    OP    THE    CITY    OP    SOMERS- 

WORTH. 


S'ECTION 

1.      Somersworth    school    board    to    con- 
sist of   *eii  members. 


Section 

2.      Mayor     to     be     member     of     school 
board. 


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

Section  1.     Amend  section  20,  chapter  171,  Laws  of  1893  by  somerswcrtii 

.  1    cL     •        11    •         If  11-  T         !•         •         school    board    to 

striking  out  the  word  nine  m  the  roiirth  line  and  substituting  consist  of  ten 
in  place  thereof  the  word  ten,  so  that  said  section  as  amended  ™^'^ 
shall  read  as  follows:  Sect.  20.  The  general  management  and 
control  of  the  public  schools  in  said  city,  and  of  the  buildings 
and  other  property  pertaining  thereto,  shall  be  vested  in  a  school 
board  consisting  of  ten  members,  who  shall  have  the  powers, 
perform  the  duties,  and  be  subject  to  liabilities  pertaining  to 
school  boards  of  towns,  except  wherein  a  different  intention  ap- 
pears ;  but  all  bills,  notes,  and  demands  made  or  contracted  for 
school  purposes  shall  be  paid  from  the  city  treasury. 

Sect.  2.  Amend  section  21,  chapter  171,  Laws  of  1893  by  Mayor  to  be 
inserting  before  the  word  "said"  in  the  first  line  the  following :  school 'board. 
The  mayor  of  said  city  shall,  ex  officio,  be  a  member  of  said  school 
board,  with  full  power  and  authority  as  a  member  thereof.  The 
remaining  nine  members  of,  so  that  said  section  as  amended  shall 
read  as  follows :  Sect.  21.  The  mayor  of  said  city  shall, 
ex  officio,  be  a  member  of  said  school  board,  with  full  power  and 
authority  as  a  member  thereof.  The  remaining  nine  members 
of  said  school  board  shall  be  elected  in  the  following  manner : 
At  the  first  municipal  election  after  the  passage  of  this  act  there 
shall  lie  chosen  in  each  ward,  by  ballot  and  by  plurality  of  votes, 
one  person  to  be  a  member  of  said  board ;  and  any  resident  of 
said  city  shall  be  eligible  for  election  by  any  ward.  In  order 
that  one  tliird  of  the  members  shall  be  chosen  each  year,  the 
member  first  chosen  by  Ward  One  shall  hold  said  office  one  year, 
and  at  the  second  annual  election  said  ward  shall  elect  one  mem- 
ber for  a  term  of  three  years,  and  also  at  every  third  annual 
election  thereafter;  the  members  first  chosen  by  Wards  Two, 
Three,  and  Four  shall  hold  said  office  two  years,  and  said  wards 
shall  elect  each  one  member  for  the  term  of  three  years  at  the 
third  annual  election,  and  also  at  every  third  annual  election 
thereafter;  the  member  first  chosen  by  Ward  Five  shall  hold 
said  office  three  years,  and  said  ward  shall  elect  one  member  for 
three  years  at  every  third  annual  election  thereafter.  The  city 
councils  shall,  between  the  third  Tuesdav  and  the  last  dav  of 


250 


Chapter  :220. 


1923 


March  next  al'ter  tlie  passage  of  this  act,  in  convention,  elect  two 
persons  to  serve  for  one  year  and  two  persons  to  serve  for  three 
years;  and  one  year  thereafter  they  shall  elect  two  persons  for 
three  years,  and  every  second  and  third  year  thereafter  the  city 
councils  shall  elect  two  persons  to  serve  for  three  years.  The 
persons  so  chosen  by  said  wards  and  city  councils  shall  be  resi- 
dents of  said  city  and  shall  constitute  said  school  bo^ird,  and  their 
terms  of  office  shall  commence  on  the  first  Tuesday  of  April  next 
after  their  respective  elections.  In  case  of  a  vacancy  in  the  rep- 
resentation of  any  ward,  the  city  councils  shall,  in  convention, 
fill  such  vacancy  until  the  next  annual  municipal  election,  when 
the  same  shall  be  filled  by  the  ward  in  which  said  vacancy  shall 
occur ;  but  in  case  of  a  vacancy  in  the  number  chosen  by  the  city 
councils,  the  said  city  councils  shall,  in  convention,  fill  said  va- 
cancy for  the  unexpired  term, 

[Approved  April  27,  1923.] 


CHAPTER  220. 


AN   ACT  TO   AMEND  THE  CHARTER  OF   THE   CONCORD   MASONIC   ASSOCIA- 
TION. 


Section 

1.      Charter    amended    a.s    to    uniount    of 
property    wliich    may    be    held. 


Section 

2.      Takes   effect   ou   passage. 


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


Charter     amended 
as    to    amount    of 
property    which 
may    be    held. 


Section  1.  Amend  section  1,  chajiter  138,  Laws  of  1877,  by 
striking  out  the  word  "forty"  in  the  fourteenth  line  of  said 
section  and  inserting  in  place  thereof  the  words  three  hundred, 
so  that  said  section  as  amended  shall  read  as  follows :  Section 
1.  That  George  P.  Cleaves,  Horace  A.  Brown,  Stillman  Hum- 
phrey, Edgar  H.  Woodman,  William  A.  Clougli,  Sanuiel  C. 
Crockett,  Frank  D.  Woodbury,  Rensselaer  0.  Wright  and  J. 
Frank  Webster,  their  associates  and  successors,  be  and  they 
hereby  are  made  a  body  politic  and  corporate,  by  the  name  of  the 
Concord  Masonic  Association,  for  the  purpose  of  providing  suit- 
able accommodations  for  the  use  and  convenience  of  the  various 
Masonic  bodies  of  the  city  of  Concord,  and  of  holding,  securing, 
managing  and   administering  the  property   of  said   association, 


1923] 


CllAl'TEU   221. 


251 


and  by  that  name  may  sue  and  be  sued,  prosecute  and  defend  to 
final  judgment  and  execution,  and  shall  be  vested  with  all  the 
privileges  and  subject  to  all  the  liabilities  incident  to  similar 
corporations;  and  may  take  and  hold  real  and  personal  ef^tate, 
by  donation,  bequest  or  otherwise  for  the  purposes  of  said  corpo- 
ration, to  an  amount  not  exceeding  three  hundred  thousand  dol- 
lars, and  the  same  sell,  convey,  or  otherwise  dispose  of  at  pleasure. 
Sect.  2.     This  act  shall  take  effect  upon  its  passage. 


Takes   effect   on 
passage. 


[Approved  May  2,  1923. 


CHAPTER  221. 


AN  ACT  ENLAKCING  THE  POWERS  OE  MOOKe's  FALLS  CORPOKATION. 


Section 

1.  Authority    conferred    to    lay    cables, 

etc.,  in  certain  rivers,  etc., 
through  certain  towns,  etc.,  to 
install  conduits,  lines  of  towers, 
etc.;  to  purchase,  etc.,  or  ap- 
propriate  rights   of   way,   etc. 

2.  Damages     for     taking     how     deter- 

mined ;  limitations  on  exercise 
of  flowage  powers. 


S'kction 

i).      Construction   of   dam  to   begin   with 
in     two    years    and     to    be    com- 
pleted   within   five. 
4.      Takes    effect    on    iiassage. 


Be  it  enacted  hy  the  Senate  and  House   of  Representatives  in 

General  Court  convened: 


Section  1.     Upon  obtaining'  from  tlie  i)ul)lic  service  commis-  Authority  con- 

^  .  ^  ^     ^  f erred    to    lay 

sion,  in  accordance  with  chapter  64,  section  2  of  Laws  of  1921,  an  cables,  etc.,  in 

cGrttiiii     rivers 

order  authorizing  the  erection  and  maintenance  of  a  dam  across  etc.,   through.' 
the  JNIerrimack  river  at  or  near  Moore's  Falls,  so  called,  in  the  etc.,^To  inltaii 
towns  of  Litchfield  and  Merrimack,  Moore's  Falls  Corporation,  a  ^^,'^.^^J*''e['e'!r  to^ 
corporation  organized  under  the  Business  Corporation  Law  for  P"'"ciiase,  etc,  or 

^  .  ...  api)ropriate 

the  purpose  of  generating  and  transmitting  electrical  energy  rights  of  way, 
from  such  dam  and  distributing  it  in  the  city  of  Manchester  or 
elsewhere  for  public  distribution  or  for  the  operation  of  mills, 
railroads  or  public  utilities  or  either  of  the  same,  and  its  succes- 
sors and  assigns,  are  hereby  authorized  (a)  to  lay  suitable  cables 
or  other  appliances  for  the  transmission  of  electric  current  along 
the  bed  of  the  Merrimack  river  or  any  tributary  thereof  in  the 
towns  of  Merrimack,  Litchfield  and  Bedford  and  the  city  of  Man- 
chester, but  not  in  such  manner  as  to  obstruct  or  render  danger- 
ous any  public  use  to  which  said  waters  may  be  adapted;  (b)  to 


252  Chapter  221.  [1923 

install  and  maintain  over  said  river  or  on  private  land  or  in 
streets  and  liigliways  subject  to  the  provisions  of  chapter  81  of 
the  Public  Statutes  and  its  amendments,  conduits,  lines  of  towers, 
poles  and  vv^ires  and  other  suitable  apparatus  for  electrical  trans- 
mission and  distribution  within  said  municipalities  and  (c)  to 
purchase  and  hold,  or  take  and  appropriate  as  hereinafter  pro- 
vided all  rights  of  way  and  other  easements  necessary  for  the 
construction,  maintenance  and  operation  of  such  cables  and  trans- 
mission and  distribution  lines ;  provided,  that  said  corporation 
shall  not  engage  in  the  business  of  distributing  electricity  in  any 
city  or  town  further  than  to  supply  the  same  to  the  Amoskeag 
Manufacturing  Company,  the  Devonshire  I\Iills,  and  their  respec- 
tive successors  and  assigns,  without  first  obtaining  permission 
from  the  public  service  commission  in  accordance  with  chapter 
164  of  Laws  of  1911,  and  its  amendments.  The  laying  of  any 
cables  in  the  Merrimack  river  or  its  tributaries  authorized  by 
this  act  shall  be  in  accordance  with  plans  approved  by  the  public 
service  commission. 
Damagps  for  tak-  Sect.  2.  Said  Corporation  shall  have  all  the  rights,  powers 
mined;  ^\iniita-  and  privilcgcs  granted  by  chapter  64  of  the  Laws  of  1921,  and  all 
oi^iowlgT'^^^^^^  damages  occasioned  by  its  exercise  of  such  rights,  powers  and 
powers.  privileges  shall  be  determined   and   compensated  in  accordance 

with  the  provisions  of  said  chapter  64  of  the  Laws  of  1921.  If 
said  corporation  shall  be  unable  to  agree  with  the  owner  or 
owners  as  to  the  necessity  for  acquiring  or  the  price  to  be  paid 
for  any  rights  of  way  or  other  easements  which  it  may  propose 
to  acquire  as  hereinbefore  authorized  in  section  1,  it  may  petition 
the  public  service  commission  for  permission  to  take  such  rights 
of  way  or  other  easements,  and  thereupon  the  rights  of  the  parties 
shall  be  determined  and  the  damages  appraised  as  in  case  of  pub- 
lic utilities  in  accordance  with  the  provisions  of  paragraph  (e), 
section  13  of  chapter  164,  Laws  of  1911,  as  amended;  provided, 
however,  that  said  corporation  shall  not  interfere  by  flowage 
with  any  developed  water  power,  mill  or  mill  privilege  without 
the  consent  of  the  owners  thereof,  and  in  the  case  of  the  Devon- 
shire ]\nils  without  compliance  with  the  terms  of  an  agreement 
between  Amoskeag  ]\Ianufacturing  Company,  Moore's  Falls  Cor- 
poration and  Devonshire  Mills  dated  INIarch  19,  1923,  and  to  be 
recorded  in  Hillsborough  County  Registry  of  Deeds ;  and  pro- 
vided further  that  said  corporation  shall  not  cause  the  flowing 
of  water  upon  or  against  any  roadbed,  embankment,  trestle  or 
other  structure  constituting  a  part  of  a  steam  railroad,  electric 
railway  or  pu1)lic  highAvay  without  i)roviding  for  the  proper  pro- 
tection or  necessary  changes  or  alterations  of  the  same  in  a  man- 
ner satisfactory  to  the  proprietors  of  such  steam  railroad  or 
street  railway  or  to  the  authorities  of  the  town  or  city  in  which 
such  highway  is  situated. 


1923] 


Chapter  222. 


253 


Sect.  3.  Said  Moore's  Falls  Corporation  shall  begin  operation  constructicn^ of 
to  bnild  the  dam  under  this  act  within  two  years  from  the  date  xy^thm^nvo"^  ^^ 
of  the  passage  hereof  and  shall  complete  the  same  within  five  years  Jompie'ied  within 
from  the  date  of  the  passage  hereof. 

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


five. 

Takes    effect    on 
passage. 


[Approved  May  2,  1923. 


CHAPTER  222. 

AN   ACT  IN   RELATION   TO   THE    CONSTRUCTION   OF    CURBING   ALONG   THE( 
STREETS  IN  THE  CITY  OF  MANCHESTER. 


Section 

1.  Commissioners    to   lay   out   and   con- 

struct curbing. 

2.  Assessment     on     abutting      owners, 

for  half  of  cost  of  construction 
and  to  be  a  lien  for  one  year. 
Curbing  to  be  maintained  by 
city. 


Section 

3.  Appeal    and    trial    by    jury. 

4.  Takes   effect    on   passage. 


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


^Commissioners    to 


Section  1.     The  board  of  highway  commissioners  for  the  city  cc 
of  Manchester,  whenever  in  their  judgment  the  public  interest  coLtnut  ""urb- 
requires,  shall  lay  out  and  construct  curbing  where  such  has  not  '"^• 
been  laid  along  the  sides  of  such  streets  as  are  being  improved 
with  durable  paving. 

Sect.  2.     In  constructing  such  curbing  the  board  shall  assess  Assessment  on 
upon  the   owners  of  the  property   abutting   such   streets   as   are  f '^I'^ha"!  oTcost' 
being  paved,  one  half  of  the  cost  of  constructing  the  same ;  and  aLrto'be"'a'Hen 
all  assessments  thus  made  shall  be  valid  and  binding  upon  the  ff>-  one  year. 
owners  of  such  land  and  shall  be  a  lien  thereon  for  one  year  maintnfned  by 
after  the  same  are  made  and  notice  given  to  the  persons  assessed,  "*'*'■ 
and  said  lands  may  be  sold  for  the  nonpayment  of  bills  presented 
therefor  as  in  the  case  of  nonpayment  of  taxes  on  resident  lands. 
Such  curbing  shall  afterwards  be  maintained  at  the  expense  of 
the  city. 

Sect.  3.     Any  owner  aggrieved  by  reason  of  any  such  assess-  Appeal  and  trial 
ment  shall  have  the  same  right  of  appeal,  and  he  or  the  city  shall  ^'^  •'"''^■ 
liave  the  same  right  of  jury  trial  and  under  the  same  procedure, 
as  in  case  of  lands  taken  for  highway  purposes. 

Sect.  4.     This  act  shall  take  effect  upon  its  nassaee  ^akes  effect  on 

^  1  &    ■  passage. 

[Approved  May  2,  1923.] 


254 


Chapters  223,  224. 
CHAPTER  223. 


[1923 


AN    ACT    FOB   THE   PARTIAL    EXEMPTION    OP    CERTAIN    PROPERTY    TO    BE. 
USED  FOR  HOTEL  PURPOSES  IN  THE  CITY   OF   MANCHESTER. 


Skction 

1.     Carpenter   Hotel    Go.   property   may 
be    exempted    from    taxation. 


Suction 

2.      Api)roval   by   voters    of    Manchester 
reqnisite. 


Be  it   enacted  hy   the  Senate   o/)id  House   of  Representatives   in 
General  Court  convened: 

Carpenter  Hotel       SECTION  1.     That  the  land  situate  at  the  northeast  corner  of  the 

Co.    property  .  T»/r  •  i  -i      r\  ^   ^• 

may  be  exempted  intersection  o±  W cst  MemiuacK  street  and  J^  ranklm  street  in 
the  city  of  Manchester,  the  buildings  to  be  erected  thereon  and 
the  furnishings  therein,  in  value  exceeding  the  assessment  made 
thereon  by  the  city  of  Manchester  for  taxation  purposes  in  the 
year  1922,  to  wit,  thirty-two  thousand  dollars  ($32,000),  which 
may  be  owned  or  used  by  the  Carpenter  Hotel  Company  for  hotel 
purposes,  be  exempted  from  taxation  for  a  period  of  ten  years 
from  the  first  day  of  March,  1924,  or  during  stich  portion  thereof 
as  said  real  and  personal  estate  shall  be  used  for  hotel  purposes, 
provided  that  the  said  Carpenter  Hotel  Company  shall"  pay  to 
the  said  city  of  Manchester  annually  the  amount  of  the  state 
and  county  taxes  due  upon  all  said  property  during  said  period 
of  exemption. 
Approval  by  Sect.  2.     Tliis  act  sliall  take  effect  after  the  voters  of  Man- 

chester "requisite,  chcstcr  havc  approved  the  same  at  the  next  municipal  election. 

[Approved  May  2,  1923.] 


CHAPTER  224. 


AN    ACT    RELATING    TO    PENSIONS    FOR    EMPLOYEES    OP    THE    CITY    OP 

MANCHESTER. 


Skction 

3.     Takes   effect   on  passage. 


Stiction 

1.  Pensions    may    be    granted    to    cer- 

tain   employees    for    one    year. 

2.  Mayor  and   aldermen   authorized   to 

make     appropriation     therefor. 

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

Pensions  may  SECTION  1.     Employccs  of  tlic  city  of  Maucliester  not  already 

cirtlln" em- *"      embraced  in  existing  pension  laws  may  be  granted  pensions  as 
p^oyees  for  one    f'Q]]Q-^y|^ .     q^jjp   lioavd,   commissiou    01-   person    in    control    of   any 


1923] 


Chapter  225. 


255 


department  of  the  city,  or  their  successors  in  office,  by  vote  of  a 
majority  of  the  board  or  commission  or  person  in  control  of  the 
particular  department  in  which  any  employee  has  been  connected, 
may  at  his  own  request  or  at  the  request  of  the  said  board,  com- 
mission or  person  in  control  of  such  department  of  said  city, 
retire  from  service  for  one  year  such  employee  of  said  depart- 
ment, who  in  the  judgment  of  said  department  has  become  dis- 
abled for  useful  service  while  in  the  performance  of  duty  or  has 
had  twenty  years'  consecutive  service;  and  may  grant  a  pension 
to  such  retired  employee  for  a  period  not  exceeding  one  year 
at  a  time,  at  half  pay.  Consecutive  years  under  the  terms  of 
this  section  shall  not  be  interpreted  to  disqualify  those  candidates 
for  pensions  who  may  have  been  laid  off  temporarily  from  work 
by  the  department  from  time  to  time. 

Sect.  2.     The  board  of  mayor  and  aldermen  of  the  city  of  Man-  M«5'or  and 

•^  "^  aldermen     author- 

chester  are  hereby  authorized  to  appropriate  sufficient  money  to  '^ed  to  make 

,    ,  V  •    •  i?  XI   •  .  appropriation 

carry  out  the  provisions  oi  this  act.  therefor. 

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

passage. 

[Approved  May  4,  1923.] 


CHAPTER  225. 

AN  ACT  RELATING  TO  PENSIONING  OF  EMPLOYEES  OP  THE  WATERWORKS' 
DEPARTMENT  OP  THE  CITY  OP  MANCHESTER. 


Section 

1.  Water  commissioners  of  Manches- 
ter may  give  pensions  for  one 
year    to    certain    employees. 


Section 

2.  Mayor   and   aldermen   authorized   to 

appropriate. 

3.  Takes   effect   on   passage. 


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


Section  1.     The  board  of  water  commissioners  of  the  city  of  ^vater  commis- 
Manchester,  or  their  successors  in  office,  by  vote  of  a  majority  of  cLTster  may  give 
its  members,  may  at  his  own  request  or  upon  recommendation  yeTr'trcerllin"^ 
of  said  board,  retire  from  service  for  one  year,  any  employee '""^''°y^^^- 
from  said  department,  who  in  the  judgment  of  said  department 
has  become  disabled  for  useful  service  while  in  the  performance 
of  duty  or  has  had  twenty  years'  consecutive  service,  and  may 
grant  a  pension  to  such  retired  employee  for  a  period  not  ex- 
ceeding one  year  at  a  time,  at  half  pay.     Consecutive  years  under 
the  terms  of  this  section  sliall  not  be  interpreted  to  discjualify 


256 


Chapter  226. 


[1923 


Mayor   and   aider 
men   authorized 
to    appropriate. 


Takes   effect    on 
passage. 


those  candidates  for  pensions  who  may  have  been  laid  off  tem- 
porarily from  work  by  the  department  from  time  to  time. 

Sect.  2.  The  board  of  mayor  and  aldermen  of  the  city  of  Man- 
chester are  hereby  authorized  to  appropriate  sufficient  money  to 
carry  out  the  provisions  of  this  act. 

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

(Approved  May  4,  li)23.] 


CHAPTER  226. 


AN    ACT     RELATING    TO     PENSIONS    FOR    EMPLOYEES    OP     THE     CITY     OF 

NASHUA. 


Skotion 

1.  Nashua     authorized     to     grant     pen- 

sions. 

2.  Pensions    not    to    be    for    more    than 

one  year. 

3.  Who   eligible   for   pensions. 

4.  Pensions   how   to   be   voted. 

5.  Length  of  service  how  computed. 

6.  In.iuries    resulting   in    total    or   par- 

tial   incapacity,    pensions    there- 
for. 

7.  Amount    of    pension    how    to    be    de- 

termined. 


I    Section 

S.      Consecutive    years    of    service    how 

computed. 
9.      Certification     of     incapacitation     of 

applicant  to  be   in   writing. 

10.  Board  of  aldermen  to  have  final 
jurisdiction  as  to  granting  of 
pensions. 

11.  Pensions    to    be    paid    monthly. 

12.  Repealing  clause;  takes  effect  on 
passage. 


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


Nashua  author-         SECTION  1.     The  city  of  Nashua  is  hereby  authorized  to  grant 
pensions.^'^'^"*      pcnsions  to  Certain  employees,  as  hereinafter  set  forth. 
Pensions  not  to       Sect.   2.     No  peusioii  whicli  may  be  granted  hereunder   shall 
om/year."'  **"""  l>e  for  more  than  one  year  at  a  time. 

Who  eii  ibie  for      Sect.  3.     Any  employee  in  any  department  of  said  city,  exist- 
pensions.  ij^^g  by  yirtuc  of  law,  may  be  eligible  for  pension  if  he  or  she  has 

been  in  such  employment  for  twenty-five  consecutive  years. 

Sect.  4.  No  person  shall  be  eligible  for  a  pension  unless  the 
department  in  which  he  has  been  employed,  through  its  officials 
legally  responsible  for  the  conduct  of  such  department,  shall  by 
majority  vote  of  its  members  recommend  such  pension.  In  case 
of  any  department  where  the  control  is  under  a  single  head  or 
person,  such  head  or  person  shall  make  such  recommendation. 

Sect.  5.  In  computing  length  of  service  under  this  act,  service 
in  any  department  shall  be  included  excepting  that  permanent 
members  of  the  fire  department  shall  Ire  entitled  to  credit  for  time 


Pe?isions   how   1o 
be    voted. 


Length  of  ser- 
vice how  com- 
puted. 


1923]  Chapter  226.  257 

spent  as  callmen  by  which  two  years  service  as  callman  shall  be 
computed  as  one  year  of  permanent  service.  In  crediting  such 
service  as  callman,  no  more  than  ten  years  of  such  service  shall 
be  permitted. 

Sect.  6.     Any  employee  of  the  city  who  has  sustained  injury  injuries  result- 
while  within  the  scope  of  his  employment  which  totally  incapaci- p'lrUai   I'n'* 
tates  him  from  work  may  be  entitled  to  a  pension  in  the  same  sfolfs^YhereFor. 
manner  and  under  the  same  conditions  as  if  he  had  terminated 
his  term  of  employment  referred  to  in  section  3  of  this  act.     Any 
employee  of  the  city  wiio  has  sustained  injury  while  within  the 
scope  of  his  employment  which  incapacitates  him  from  perform- 
ing the  work  he  was  engaged  in  when  injured  but  does  not  pre- 
vent his  doing  other  work  for  the  city  may  be  entitled  to  a  pen- 
sion not  exceeding  one  half  the  difference  between  his  wage  after 
injury  and  his  wage  before  injury,  if  as  a  result  of  such  partial 
incapacity  his  wage  earning  power  as  regards  the  city  has  be- 
come lessened  although  he  remains  in  the  employment  of  the  city. 
In  case  such  injury  happens  to  a  callman,  he  may  be  entitled  to 
pension  not  to  exceed  the  sum  of  eight  hundred  dollars  a  year. 

Sect.  7.     No  pension  granted  hereunder  shall  be  for  a  sum  Amount  of  pen- 

.  .-,  iij?xi  11  J  sion    how    to   be 

greater  than  one  half  the  average  yearly  salary  or  wage  earned  determined. 
by  the  pensioner  during  the  period  of  his  last  five  years  of  ser- 
vice and  no  pension  shall,  in  any  event,  amount  to  more  than 
one  thousand  dollars. 

Sect.  8.     In  computing  consecutive  years  of  service,  temporary  consecutive 
absence  from  work  occasioned  by  accident,  misfortune  or  sick-  how  computed, 
ness,  or  by  act  of  the  city,  shall  not  have  the  effect  of  lengthen- 
ing the  required  period  or  defeat  the  purpose  of  this  act. 

Sect.  9.     No  pension  shall  be   granted  hereunder  unless  the  Certification  of 
city  physician  shall  certify  to  the  board  of  aldermen  that  the  of  applicant  to  be 
candidate  for  pension  is  incapacitated  for  performing  his  duty'"  w" '"&• 
in  the  department  where  he  was  employed  from  the  time  appli- 
cation for  pension  is  made.     No  pension  shall  be  granted  unless 
the  applicant  shall  make  written  request  therefor.  Board  of  aider- 

Sect.  10.     The  board  of  aldermen  of  said  city  shall  have  final'"*",  ^9  ^-^^^ ,■ 

*'  nnal    .lurisuiction 

jurisdiction  in  the  matter  of  granting  pensions.  as  to  granting 

Sect.  11.     Any  and  all  pensions  which  may  be  granted  under  Pensions  to  be 

this  act  shall  be  paid  to  the  persons  respectively  entitled  thereto  p^"^  monthly. 

in  equal  monthly  payments. 

Sect.  12.     All  acts  and  parts  of  acts  inconsistent  witli  the  pro-  Repealing 

visions  of  this  act  are  hereby  repealed  and  this  act  shall  take  gj^^l'^'^^'on^'^pjfs^. 

effect  upon  its  passage.  ^'*se. 

[Approved  May  4,  1923.] 


17 


258 


Chapter  227. 
CHAPTER  227. 


[1923 


AN   ACT  EMPOWERING  THE  CITY   OF   NASHUA   TO   INCUR  DEBTS   TO    THE 
AMOUNT   OP   SIX  PER   CENT.    OF   ITS  VALUATION. 


Nashua   author- 
ized   to    incur 
debts    not    ex- 
ceeding   6%    of 
assessed    valua- 
tion ;     school 
debts. 


Skction 

1.  Nashua    authorized    to    incur    debts 

not  exceeding  6%  of  assessed 
valuation;   school  debts. 

2.  City    to    constitute    a    single    corpo- 

ration; with  powers  for  munici- 
pal and  school  purjjoses  and  all 
powers  of  a  school  district. 


City    to    consti- 
tute  a   single   cor 
poration;    with 
powers    for    mu- 
nicipal and 
school     purposes 
and   all   powers 
of   a    school 
district. 

Prior   indebted- 
ness  for   school 
purposes   rati- 
fied;   city    treas- 
urer   to    re- 
imburse   city 
troisury     for 
advances. 


Section 

o.  Prior  indebtedness  for  school  pur- 
poses ratified;  city  treasurer  to 
reimburse  city  treasury  for  ad- 
vances. 

4.  Repealing  clause;  takes  effect  on 
passage. 


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

Section  1.  The  city  of  Nashua  may  at  any  time  have  and 
incur  debt  for  all  purposes  including  school  purposes  to  an 
amount  not  exceeding  in  the  aggregate  six  per  cent,  of  its  last 
assessed  valuation,  provided,  liowever,  that  in  ascertaining  the 
amount  of  such  debt  so  to  be  compared  with  said  six  per  cent., 
indebtedness  lawfully  incurred  outside  of  said  limit  shall  not  be 
considered  and  deductions  may  be  made  as  specified  in  chapter 
129,  Laws  of  1917  and  acts  in  amendment  thereof  and  in  addition 
thereto.  So  long  as  the  aggregate  net  debt  of  said  city  for  school 
purposes  and  all  other  purposes  shall  not  exceed  said  limit  of  six 
per  cent,  the  city  may  incur  school  debt  in  excess  of  the  limit  of 
two  per  cent,  imposed  upon  school  districts  by  said  chapter  129, 
Laws  of  1917. 

Except  as  herein  provided  all  indebtedness  of  said  city,  whether 
or  not  incurred  for  school  purposes,  shall  be  subject  to  chapter 
43,  Laws  of  1895  as  amended  and  to  said  chapter  129,  Laws  of 
1917  and  acts  in  amendment  thereof  and  in  addition  thereto. 

Sect.  2.  Said  city  shall  constitute  a  single  municipal  corpo- 
ration with  powers  for  municipal  and  school  purposes,  including 
all  the  powers  of  a  school  district.  All  provisions  of  law  or  of 
the  charter  of  said  city  affecting  school  districts  or  schools  shall, 
so  far  as  not  inconsistent  herewith,  continue  to  apply  to  said  city. 

Sect.  3.  All  indebtedness  of  any  governmental  subdivision 
territorially  coextensive  with  said  city  hitherto  incurred  for 
school  purposes,  in  whatever  form  or  however  incurred,  and  all 
orders  and  votes  authorizing  the  incurring  or  indebtedness  or 
the  issuance  of  bonds  or  notes  or  other  obligations  for  school  pur- 
poses by  any  such  subdivision  are  hereby  confirmed,  ratified  and 
validated.  The  city  treasurer  is  hereby  authorized  to  reimburse 
the  city  treasury  for  any  sums  advanced  therefrom  temporarily 
to  pay  any  portion  of  such  indebtedness  pending  the  receipt  of 
proceeds  of  school  l)onds  or  notes  which  may  be  issued  within 
said  aggregate  debt  limit. 


1923] 


Chapter  228. 


259 


Sect.  4.     All  acts  and  parts  of  acts  inconsistent  with  this  act  Repealing  clause; 

T   •  1      11         1  w  •  takes  effect  on 

are  hereby  repealed,  and  this  act  shall  take  eiiect  upon  its  pas-  passage. 
sage. 

[Approved  May  4,  1923.] 


CHAPTER  228. 


AN  ACT  AUTHORIZING  THE  TOWN  OF  ALTON   TO  VOTE  TO  EXEMPT  FROM 
LOCAL  TAXES  A  PROPOSED  DAM  ON   MERRYMEETING  RIVER. 


Skction 

1.  Alton  authorized  to  exemjit  from 
local  taxation  a  proposed  dam 
on    Merrymeeting    River. 


Section 

2.      Takes   effect    on    passage. 


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


Section  1.     That  the  town  of  Alton,  by  major  vote  of  those  Alton  authorized 
present  and  voting  at  any  annual  meeting,  or  at  any  special  meet-  locat^  taxLtion"'!! 
ing  called  for  the  purpose,  may  exempt  from  local  taxes  for  such  o^  Mlrrymeet- 
period  as  may  be  voted,  not  exceeding  ten  years,  the  dam  pro-  ^^^  River, 
posed  to  be-  constructed  on  Merrymeeting  River  in  Alton  in  the 
vicinity  of  the  site  of  the  Went  worth  dam,  so  called.     Provided 
that  when  said  dam  is  used  for  commercial  purposes,  said  exemp- 
tion shall  cease. 

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


Takes   effect   on 
passage. 


[Approved  May  4,  1923.; 


260 


Chapters  229,  230. 
CHAPTER  229. 


[1923 


AN   ACT   TO    AUTHORIZE!  A   PROPOSED    VILLAGE   SEWER  DISTRICT    IN    THE 
TOWN   OF  DERRY  TO   BORROW   MONEY   AND  TO  ISSUE  BONDS. 


Section 

1.  Sewer    district    authorized    to    issue 

bonds. 

2.  District   to   be   established   by   May 

1,    1924. 


Section 

3.      Takes   effect  on  passage. 


Sewer    district 
authorized    to 
issue    bonds. 


District   to   be 
established     by 
May    1,    1924. 

Takes   effect   on 
passage. 


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

Section  1.  Upon  the  establishment  of  a  proposed  village  sewer 
district  in  the  town  of  Derry  under  the  provisions  of  chapter  53 
of  the  Public  Statutes  and  amendments  thereto,  the  district  is 
authorized  to  incur  indebtedness  in  an  amount  not  exceeding  five 
per  cent,  of  the  last  preceding  valuation  for  the  assessment  of 
taxes  on  the  taxable  property  therein  for  the  purpose  of  con- 
structing and  maintaining  drains  and  common  sewers  in  said 
district. 

Sect.  2.  This  act  shall  be  void  unless  the  proposed  village 
sewer  district  is  established  on  or  before  May  1,  1924. 

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

[Approved  May  4,  1923.] 


CHAPTER  230. 

AN  ACT   AUTHORIZING   THE  SCHOOL  DISTRICT  OF  THE  TOWN  OF  EPPING 
TO  BORROW  MONEY  IN  EXCESS  OF  THE  LIMIT  PRESCRIBED  BY  LAW. 


Section 

1.  School  district  authorized  to  bor- 
row in  excess  of  limit  heretofore 
fixed. 


Section 

2.     Takes  effect   on  passage. 


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


School  district  Section  1.  The  school  district  of  the  town  of  Epping  is  hereby 
borrow^ln  excess  authorizcd  to  borrow  a  sum  of  money  not  exceeding  nine  thou- 
of  limit  hereto-   g^nd  dollars  in  addition  to  what  the  district  is  authorized  to  bor- 

fore  fixed. 


1923] 


Chapter  231. 


261 


row  under  chapter  129,  Laws  of  1917,  for  the  purpose  of  building 
and  equipping  an  addition  to  the  graded  school  building  of  said 
district. 

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

[Approved  May  4,  1923.] 


Takes   effect   on 
passage. 


CHAPTER  231. 

AN   ACT   TO   ESTABLISH   WATERWORKS   IN   THE   TOWN   OP   HOOKSETT    OR 
ANY  VILLAGE  DISTRICTS  THEREOF. 


Section 

1.  Hooksett     authorized     to     construct 

waterworks,  etc. ;  may  acquire 
property  and  water  rights,   etc. 

2.  Power  to  appropriate  streams,  etc. ; 

damages    how    determined. 

3.  Town     empowered     to     contract     to 

supply  water;  superintendent  or 
board  of  water  commissioners 
may  be  appointed. 

4.  Town    authorized     to     contract    for 

furnishing    town    with    water. 

5.  Town    authorized    to    raise    and    ap- 
\  propriate  money  for  expenses   of 

acquiring  the  property  necessary 
for  waterworks  and  for  con- 
structing the  same;  and  may 
issue  bonds   of   town   therefor. 


Section 
6.      Town 


may  acquire  stock,  etc., 
of    aqueduct   company. 

Definition  of  "town"  as  used  in 
this   act. 

District  authorized  to  extend  its 
water  system  beyond  limits  of 
district. 

Village  districts  may  pledge  credit 
to  cover  costs  of  wiitei-  system; 
limitation  of  borrowing  powers 
of  districts;  districts  shall  issue 
bonds  or  notes  covering  their 
own  districts  and  town  not  to 
issue  bonds,  etc.,  binding  dis- 
tricts. 

Takes    effect    on    passage. 


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

Section  1.     That  the  town  of  Hooksett  is  hereby  authorized  Hooksett  author- 
and  empowered  to  construct,  manage,  maintain,  and  own  suitable  stmct*°wa°ter- 
waterworks  for  the  purpose  of  introducing  into  and  distributing '*^'°''^^'   ^*?-  = 

^        ^  °  *=  may    acquire 

through  said  town  an  adequate  supply  of  pure  water,  in  subter- property  and 
ranean  pipes,  for  extinguishing  fires,  and  for  the  use  of  its  citi- 
zens, and  for  other  purposes;  and  for  that  purpose  may  take, 
purchase,  and  hold,  in  fee  simple  or  otherwise,  any  real  or  per- 
sonal estate,  and  any  rights  therein,  and  water  rights  necessary 
for  carrying  into  effect  the  purposes  of  this  act,  and  to  excavate 
and  dig  canals  and  ditches  in  any  street,  place,  square,  passway, 
highway,  common,  or  other  place  through  which  it  may  be  deemed 
necessary  and  proper,  for  building  said  waterworks,  and  relay, 
change,  and  repair  the  same  at  pleasure,  having  due  regard  for 
the  safety  of  its  citizens  and  security  of  the  public  travel. 


262 


Chapter  231. 


[1923 


Power   to   ap- 
propriate 
streams,    etc.; 
damages    how- 
determined. 


Town   empow- 
ered  to    contract 
to  supply  water; 
superintendent 
or   board   of 
water    commis- 
sioners   may    be 
appointed. 


Town    authorized 
to    contract    for 
furnishing    town 
with  water. 

Town    authorized 
to    raise   and 
appropriate 


Sect.  2.  Said  town  is  authorized  and  empowered  to  enter 
upon,  take,  and  appropriate  any  streams,  springs,  or  ponds  not 
belonging  to  any  aqueduct  company,  and  to  secure  by  fence  or 
otherwise  such  streams,  springs,  or  ponds,  and  dig  ditches  and 
canals,  make  excavations  or  reservoirs,  through,  over,  in,  or  upon 
any  land  or  enclosure  through  which  it  may  be  necessary  for 
said  aqueduct  to  pass,  or  said  excavations,  reservoirs,  and  water- 
works to  be  or  exist,  for  the  purpose  of  obtaining,  holding,  pre- 
serving, or  conducting  such  water,  and  placing  such  pipes  or 
other  materials  or  works  as  may  be  necessary  for  building  and 
operating  such  aqueduct  and  waterworks,  or  for  repairing  the 
same;  provided,  if  it  shall  be  necessary  to  enter  upon  and  appro- 
priate any  stream,  spring,  and  pond,  or  any  land  for  the  purpose 
aforesaid,  or  to  raise  or  lower  the  level  of  the  same,  and  if  said 
town  shall  not  agree  Avith  the  owners  thereof  for  the  damage  that 
may  be  done  by  said  town,  or  such  owners  shall  be  unknown, 
said  town  or  said  owner  or  party  injured  may  apply  to  the  trial 
term  of  the  superior  court  for  the  county  within  which  such 
stream,  spring,  pond,  or  land  is  situated,  to  have  the  same  laid 
out  and  the  damage  determined,  and  the  said  court  shall  refer 
the  same  to  the  county  commissioners  for  said  county,  who  shall 
appoint  a  time  and  place  of  hearing,  and  give  notice  thereof  in 
the  same  manner  as  is  now  provided  by  law  for  laying  out  high- 
ways, and  said  commissioners  shall  make  report  to  said  court, 
and  said  court  may  issue  execution  accordingly ;  if  either  party 
shall  desire,  they  shall  be  entitled  to  trial  by  jury  in  such  manner 
and  under  such  regulations  as  the  court  may  prescribe,  in  the  same 
manner  as  appeals  from  the  award  of  damages  in  the  case  of  laying 
out  of  highways. 

Sect.  3.  Said  town  is  authorized  and  empowered  to  contract 
with  individuals  and  corporations  for  supplying  them  Math  water, 
and  to  make  such  contracts  and  establish  such  regulations  and 
tolls  for  the  use  of  water  as  may  from  time  to  time  be  deemed 
proper ;  and  for  the  more  convenient  management  of  said  water- 
works, the  said  town  may,  either  before  or  after  the  construction 
of  the  same,  place  them  under  the  direction  and  control  of  a 
superintendent  or  board  of  water  commissioners,  or  of  both ;  and 
the  selectmen  of  said  town  are  hereby  authorized  and  empowered 
to  appoint  such  superintendent  or  board  of  commissioners,  with 
such  powers  and  duties  as  may  from  time  to  time  be  prescribed 
]\v  said  town. 

Sect.  4.  Said  town  is  also  authorized  and  empowered  to  con- 
tract with  any  person  or  corporation  to  furnish  to  said  town  said 
Avater  for  the  use  of  said  town  for  the  purposes  aforesaid. 

Sect.  5.  Said  town  is  also  authorized,  at  any  annual  or  special 
meeting,  by  a  major  vote  of  those  present  and  voting,  to  raise  and 


1923]  Chapter  231.  263 

appropriate,  and  to  borrow  or  hire,  such  sums  of  money,  on  the  money  for  ex- 
credit  of  the  town,  as  may  from  time  to  time  be  deemed  advisable,  quiring  the 
for  the   purpose   of   defraying   the   expense    of   pureliasing   real  fary^'for  °vater- 
estate,  rights  in  real  estate,  water  rights,  streams,  springs,  ponds,  c'^°ns'^tructhig°the 
and  rights  as  aforesaid,  and  for  constructing,  maintaining,  and  ?ame;  and  may 

°  '  °'  °'  issue   bonds  of 

operating  said  waterworks,  and  for  payment  for  water  supplied  town  therefor. 
by  any  person  or  corporation  under  contract  as  aforesaid,  and  to 
issue  notes  or  bonds  of  the  town  therefor,  payable  at  such  times 
and  at  such  rate  of  interest  as  may  be  thought  proper. 

Sect.  6.     Said  town  is  also  authorized  to  purchase  and  hold  Town  may  acquire 
shares  of  the  capital  stock  of  any  aqueduct  company  with  which  aqueduct  com- 
it  may  contract  for  a  supply  of  water  as  aforesaid,  and  may  be-  ^''^"^' 
come  the  owner  of  the  bonds  and  notes  of  such  aqueduct  com- 
pany. 

Sect.   7,     For  the  purposes   of  this   act,   wherever  the   word  Definition   of 

^        '^  '  town       as   used 

"town"  is  used  it  shall  be  construed  to  mean  any  village  district  in  this  act. 
that  may  hereafter  be   established  pursuant  to   the  provisions 
of  chapter  53  of  the  Public  Statutes  within  the  limits  of  said 
town. 

Sect.  8.     Any  village  district  established  under  the  provisions  District  author- 

ized  to  extend 

of  Public  Statutes,  chapter  53,  as  heretofore  provided,  for  the  its  water   s^^s- 
purpose  of  availing  itself  of  the  powers  and  privileges  herein  jtT' of ^dTstrict" 
granted,  shall  have  power  to   extend  its  water  system  beyond 
the  district  l)oundaries  for  the  purpose  of  supplying  water  for 
domestic  and  fire  purposes  to  the  inhabitants  of  any  adjoining 
town  or  district. 

Sect.  9.     Said  village  districts  shall  have  the  power  to  pledge  village   distrifts 
their  credit  in  the  first  instance  to  an  extent  sufficient  to  cover  ^edit'fo^c'over 
the  costs  of  such  water  system  as  the  inhabitants  thereof  shall  gyslem'';^  limi^r- 
by  vote  deem  it  necessary  to  construct,  and  to  issue  their  notes  ?'0"  °*  borrow- 

•'  •/  >  ing   powers   of 

or  bonds  therefor  as  provided  in  chapter  53  of  the  Public  Statutes :  districts; 

.-,,-  ,  iiiiii-  11  districts    shall 

provided,  however,  that  no  notes  or  bonds  shall  be  issued  by  any  issue  bonds  or 
district  for  any  other  purpose  until  the  amount  of  the  bonded  "hcfr  o\vnTis-^ 
indebtedness  incurred  hereby  shall  be  reduced  to  such  an  extent  noJ'^'to'^rifsue^"" 
that  anv  further  issue  will  not  increase  the  total  bonded  indebted-  bonds,  etc    bind- 

'  .  I  .       .  „  ing   districts. 

ness  of  said  district  to  an  amount  in  excess  of  the  legal  limit  of 
indel)tedness  of  said  district. 

This  act  shall  not  be  construed  to  authorize  the  town  of  Hook- 
sett  to  issue  town  bonds  or  notes  for  any  village  district  wliich 
may  be  established  in  said  town,  but  said  districts  may  l)ond  or 
issue  notes  which  cover  their  own  district. 

Sect.  10.     This  act  shall  take  effect  upon  its  passage.  Takes  effect  on 

'■  id  l)assage. 

I  Approved  IMay  4,  1923.] 


264 


Chapters  232,  233. 


[1923 


Newmarket 
school    district 
authorized    to 
incur   indebted- 
ness   in    excess 
of    amount    now 
authorized    for 
high    school 
building 

Takes    effect    on 
passage. 


CHAPTER  232. 

AN  ACT  TO  AUTHORIZE  THE  SCHOOL  DISTRICT  OF  THE  TOWN  OF  NEW- 
MARKET TO  EXCEED  ITS  LIMIT  OF  BONDED  INDEBTEDNESS  AS  FIXED  BY 
CHAPTER   129,  LAWS  OF  1917. 


Ski'tion 

2.      Takes   effect   on    passage. 


Skotton 

1.  Newmarket  school  district  author- 
ized to  incur  indebtedness  in 
excess  of  amount  now  author- 
ized  for   high   scliool    building. 

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

Section  1.  The  school  district  of  the  town  of  Newmarket  is 
hereby  authorized  to  incur  indebtedness  to  an  amount  not  ex- 
ceeding forty-five  thousand  dollars  in  addition  to  what  the  dis- 
trict may  incur  by  the  provisions  of  chapter  129,  Laws  of  1917, 
for  the  purpose  of  constructing  and  equipping  a  high  school 
building  for  said  district. 

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

[Approved  May  4,  1928.] 


CHAPTER  233. 

AN    ACT   IN    AMENDMENT    OF    THE    CHARTER   OF    THE    NEW    HAMPSHIREI 
ODD    fellows'    HOME. 


Section 

1.  Limit  increased  to  which  corpo- 
ration may  acquire  and  hold 
property. 


Skction 

2.      Takes   effect   on    passage. 


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


Limit     increased 
to   which   corpo- 
ration   may    ac- 
quire  and    hold 
property. 


Takes   effect   on 
passage. 


Section  1.  Amend  section  2,  chapter  208,  Laws  of  1883,  as 
amended  by  section  1,  chapter  219,  Laws  of  1903,  so  that  said 
section  as  amended  shall  read  as  follows :  Sect.  2.  Said  corpo- 
ration shall  have  the  power  to  take  and  hold,  by  gift,  grant,  be- 
quest, purchase,  or  otherwise,  any  real  or  personal  estate  to  an 
amount  not  exceeding  three  hundred  and  fifty  thousand  dollars. 

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

[Approved  May  4,  1923.] 


STATE  OF  NEW  HAMPSHIRE. 


Office  of  Secretary  of  State, 

Concord,  August  15,  1923. 
I  hereby  certify  that  the  acts  and  resolutions  and  changes  of 
names   contained   in  this  volume   have   been   compared   with  the 
originals  in  this  office  and  found  to  be  correctly  printed. 

ENOS  K.  SAWYER, 

Secretary  of  State. 


18 


INDEX 


INDEX 

TO 


NEW  HAMPSHIRE  LAWS 

PASSED  JANUARY  SESSION,  1923. 


Adams,  Wesley,  appropriation  in  favor  of 202 

Adjutant-general's  department,  appropriation  for    172,  178 

Administrator's  action  for  damages  for  death  caused  by  wrong- 
ful act;  damages  how  distributed  127 

Advertising  during  strikes   116 

Age  of  consent  fixed 128 

Agriculture,  department  of,  appropriation  for        ....171,  174,  177,  180 
Alton  authorized  to  exempt  dam  on  Merrymeeting  River  from 

taxation     259 

Alton,  biennial  election  of  Nov.  7,  1922,  legalized 228 

Amherst,  biennial  election  of  Nov.  7,  1922,  legalized 211 

Animals,   transportation   of,   regulated 60,     61 

Animals,  wild,  may  be  taken  on  permit  for  scientific  purposes  38 

Antwerp  pigeons,  taking  of,  when  forbidden    62 

Apportionment   for   assessment  of  taxes 12 

Attorney-general's  department,  appropriation  for 170,  175 

Appropriation  for  bovine    tuberculosis,   eradication    of 185 

bridge  in  town  of  Monroe 186 

bridges,    permanent   construction   of 104 

Brookfield,  highways   in 192 

commission  to  revise  public  laws 52 

constitutional   convention    181 

Haverhill  bridge 186 

highway,  Dorchester  to  Lyme,  repair  of 193 

highway,    Effingham   Falls   to    South   Effing- 
ham, repair  of 193 

highway.  Freedom  to  East  Madison,  improve- 
ment of 194 

highway  in  Tamworth,  improvement  of 194 

hygiene  of  maternity   and  infancy,  co-oper- 
ation with  federal  government 199 

Margaret  Pillsbury  General  Hospital 196 

Old  Home  Week  Association 185 

Portsmouth  and  Dover  tercentenary 197 

Spanish  war  veterans,  in  aid  of  twenty-fifth 

anniversary   of 198 

state  expenses  for  year  ending  June  30,  1924  174 

state  expenses  for  year  ending  June  30,  1925  180 

state  forest  nursery 190 


270  INDEX.  [1923 

Appropriation  for  state  house  extraordinary  repairs   191 

stream  flow  gauging  stations 200 

Sugar  Loaf  road,  repair  of 192 

trees  in  state  house  yard,  care  of 191 

tuberculosis    patients 171,  177 

veterans'  association,  for  improvements,  etc., 

at  Weirs 198 

Webster  birthplace  in   Franklin    191 

Appropriation  for  departments,  etc.,  of  the  state   169,  174 

adjutant-general's    department 172,  178 

agriculture,   department   of    171,  174,  177,  180 

attorney-general's   department 170,  175 

bank   commission   department 169,  175 

board   of  chiropractors 172,  178 

board  of  health   department 172,  177 

board  of  optometry 172,  178 

bounties 172,  178 

bureau   of   labor 171,  177 

charities  and  correction,  board  of 171,  177 

child  welfare  work 171,  177 

commissioner  of  motor  vehicles 173,  179 

crippled  and  tuberculous  children   171,  177 

deaf,   dumb   and   blind,   support   and   educa- 
tion of 171,  177 

dental    board 172,  178 

education,  state  board  of 170,  176 

executive    department 169,  175 

factory    inspection 171,  177 

fireman's  relief  fund 173,  179 

forestry  department 172,  178 

free  employment  bureau 171,  177 

G.  A.  R.  department 172,  178 

Granite  State  Deaf  Mute  Mission 171,  177 

highway  department   174,  180 

hospital,  state,  additional   accommodations. .  167 

hospital,  state,  deficit  for  period  ending  June 

30,    1923 188 

hospital,    state 173,  179 

indexing,  department  of 172,  178 

industrial  school 173,  179 

insurance    department 169,  175 

interest    charges 173,  179 

laboratory  of  hygiene  department 172,  178 

legislature 170,  176 

library,   state 173,  178 

maturing  bonds 173,  179 

medical    referees 173,  179 

military     organizations 173,  179 

Nesmith    fund 171,  177 

New  Hampshire  College  of  Agriculture  and 

the  Mechanic  Arts 173,  179 

New  Hampshire  Historical  Society 173,  179 


1923]  INDEX.  271 

Appropriation  for  Old  Home  Week  Association 173,  179 

pharmacy  commission  department 172,  178 

Piscataqua  bridge,  maintenance  of 174,  180 

prison,     state 173,  179 

prison,  state,  repairing  of 188 

prisoners'  aid  association 173,  179 

probate  court 170,  174,  176,  180 

prohibitory   law   department 170,  176 

public  library  commission 173,  178 

public  service  commission   department......  169,  175 

purchasing  agent's  department 170,  175 

register  of  blind 171,  177 

registration,  etc.,  of  veterinary  surgeons  . . .  172,  178 

sanatorium,  state 173,  179,  189 

school  for  feeble-minded 173,  179 

school  for  feeble-minded  children,  deficiency  189 
school   for   feeble-minded   children,   improve- 
ments  at 190 

secretary  of   state  department 169',  175 

soldiers'  home   173,  179 

state  house  department 172, 178,  202 

superior  court   170,  176 

supreme  court   170,  176 

tax  commission  department 170,  175 

treasury   department 169,  175 

vital   statistics,  department  of 172,  178 

weights  and  measures,  department  of 171,  177 

Appropriation    in   favor   of   Adams,   Wesley 202 

Ayer,  Frank  M. 182,  201 

Bektash   Temple 202 

Benson,  Charles  B.,  Jr 182 

Benson,  George  W 184 

Bickford,  Fred  W 202 

Branch,  Randolph  W 202 

Burke,  John 201 

Buxton    Greenhouses 202 

Buzzell,    Charles   W 182 

Callaghan,  Bessie  A 201 

Callahan,   Francis    P 182 

Cameron,  Margaret  F 201 

Chandler,   Charles   H 195 

Chandler,  William  D 202 

Chase,  Bernard  B 202 

Chevrette,   Edgar 201 

Clapp,   Emma   C 202 

Clark,  Robert  M 201 

Collins,   Agnes 202 

Collins,  Frank  P 182 

Connell,  James  E.,  Jr 201 

Cousins,    Keith 182 

Deal,  William  B.,  estate  of 187 

Dugas,  Arthur   G 201 


272  INDEX.  [1923 

Appropriation    in    favor    of    Dupuis,    Emile    201 

Dwyer,    Norah    A 201 

Eastman  Company,  Edson  C 202 

Emerson,  John  H 201 

Farrell,    Clarence    W 182 

Flanders,    Alice    V. 201,  202 

Foley,    Francis 201 

Forster,  J.  H 202 

Foster,   K.   R 196 

Gallagher,  Edward  J 184 

Gay,   Frank 182 

Giddis,  Henry 197 

Gove,   Clarence   G 197 

Greer,   Benjamin   F.,   Jr 202 

Greer,  Raymond  C 182 

Haggett,   William    M 202 

Halde,  Wilfred  X.,  parents  of 195 

Hamlin,   Howard   H 182 

Hargreaves,   Bartholomew   J......  201 

Healey,  Jeremiah  J 201 

Hoyt,  Horace  F 182 

Jameson,  Dr.  James  W 196 

Kearns,  James   A 201 

Keene   Sentinel 202 

Kennedy,   Hubert   J 187 

Knox,  William   H 182 

Laconia   Democrat 202 

Lee,   Richard   J 201 

Lucier,   Alvin   A 202 

Manchester  Daily  Mirror 202 

McDuffee,  Charles  H 201 

Minah,  Edison  J 182 

Monitor-Patriot   Company 202 

Mooney,    Chester 201 

Moore,   Frederick   W 201,  202 

Murchie,    Alexander 202 

Neal,  Guy  S 182 

New  Hampshire  Patriot  Company  202 

O'Neill,  Patrick   H 201 

O'Reilly,  Irene  C 201 

Patterson,   Joab   N 201 

Portsmouth    Herald 202 

Portsmouth    Times 202 

Pridham,   James   W 201 

Sanborn,   Elizabeth  H 201,  202 

Smith,   Peter 182,  202 

Telegraph  Publishing  Company. . .  202 

Times  Publishing  Company 202 

Tuttle,  Selden  P 201 

Union  Leader  Publishing  Company  202 

Walton,  Richard  W 201 

Wendell,  Charles  E 182,  201 


1923]                                           INDEX.  273 

Appropriation   in   favor   of   Wheeler,    John    S 182 

Whitelock,   Herbert   R 201 

Arrest  on  view  without  warrant,  for  trespasses,   etc.,  on   im- 
proved   land 36 

Ashland,  meeting  of  March  17,  1923,  legalized 242 

Ashland,  vote  of,  in  relation  to  soldiers'  memorial,  legalized  . . .  242 
Attorney-general,  assistant,  administration  of  legacy  tax  law  by  67 
Attorney-general,  assistant,  duty  to  examine  certificates  of  busi- 
ness corporations 25 

Ayer,  Frank  M.,  appropriation  in  favor  of 182,  201 

Bank   Commission  department,  appropriation  for    169,  175 

Bank  commissioners,  salary  of 119 

Banks,   advertisement   of   lost   deposit   book 93 

Banks,  officers,  etc.,  of  savings  banks,  etc.,  may  be  included  in 

blanket  or  schedule  bond 93 

Banks,  trust  company,  capitalization  of,  dependent  upon  size  of 

town  or  city  42 

Bathing  in  pond  used  as  water  supply  prohibited 129 

Bektash    Temple,    appropriation    in    favor    of 202 

Benson,  Charles  B.,  Jr.,  appropriation  in  favor  of 182 

Benson,   George   W.,   appropriation   in   favor   of 184 

Bethlehem  Village  precinct,  vote  authorizing  refunding  of  bonds 

legalized     246 

Bickford,  Fred  W.,  appropriation  in  favor  of 202 

Biennial  election  day,  a  legal  holiday,  applicable  to  public  schools  32 

Big  Diamond  pond,  taking  of  salmon  in,  regulated 60 

Birds,  their  nests  and  eggs,  etc 38 

penalty  for  violation  of  act  authorizing  taking  on  permit  38 
Birds,  their  nests,  etc.,  may  be  taken  on  permit  for  scientific 

purposes     38 

Bounties,  appropriation  for 172,  178 

Bounty  on  wild  cats    132 

Bovine  tuberculosis,  appropriation  for  eradication  of 185 

Branch,  Randolph  W.,  appropriation  in  favor  of 202 

Bridges,  state-aided  bridges  within   city  or  town   to  be  main- 
tained by  municipality    102 

Bridges,  unexpended  balance  of  bridge  construction  fund  to  be 

available  for  following  year    104 

Bristol  Union   School  District  No.   2,  issue  of  bonds 221 

Brookfield,  highways  in,  appropriations  for 192 

Brookline,  biennial  election  of  Nov.  7,  1922,  legalized 211 

Bureau  of  labor,  appropriation  for 171,  177 

Burke,  John,  appropriation  in  favor  of 201 

Business  corporation   law 24,     25 

Business   corporations,   incorporators   when   to    exercise   corpo- 
rate powers    116 

Butter,  sale  or  advertising  of  butter  with  intent  to  deceive  by 

use  of  certain  words,  prohibited   48 

Buxton   Greenhouses,  appropriation  in  favor  of 202 

Buzzell,  Charles  W.,  appropriation  in  favor  of 182 


274  INDEX.  [1923 

Caboose  Cars,  to  be  equipped  with  two  four-wheeled  trucks ....  132 

Callaghan,  Bessie  A.,  appropriation   in  favor  of 201 

Callahan,  Francis  P.,  appropriation  in  favor  of 182 

Cameron,  Margaret  F.,  appropriation  in  favor  of 201 

Carpenter  Hotel  Company  property,  exemption      of      property 

from   taxation    254 

Carrying  concealed  weapons  without  license 138 

Certificate,    making    false    certificate    of    Rockingham    County 
Light  &  Power  Co.,  punished,  and  liability  to  stockholder, 

etc 220 

Chandler,   Charles   H.,   appropriation   in   favor   of 195 

Chandler,   William   D.,   appropriation   in   favor   of 202 

Charities  and  correction,  board  of,  appropriation  for 171,  177 

Charity,  permits  to  solicit  funds  for,  how  granted 142 

Charters  amended,  American  Manufacturing  Company  charter  244 

American  Typographic  Company 244 

Concord   Masonic   Association 250 

Gordon-Nash  Library  in   New  Hampton .  . .  232 

Keene  Academy 215 

Manchester  Traction,  Light  &  Power  Com- 
pany       243 

Moore's   Falls  Corporation 251 

Nashua  Protestant  Home  for  Aged  Women  232 
New  Hampshire  College  of  Agriculture  and 

the  Mechanic  Arts 126 

New  Hampshire   Conference   Seminary   and 
the   New  Hampshire  Female  College 

changed  to  Tilton   School 224 

New  Hampshire  Odd  Fellows'  Widows'  and 

Orphans'  Home   264 

Orphans'     Home     of     Concord,     name     of, 

changed  to  Coit  House 237 

Rockingham  County  Light  &  Power  Co 218 

Somersworth     249 

Woodsville   Guaranty  Savings  Bank 231 

Charters  granted,  Monadnock  Club  of  Troy,  N.   H 233 

Chase,  Bernard   B.,  appropriation  in  favor  of 202 

Checks,  uttering  check  without  sufficient  funds,  when  constitutes 

larceny     56 

Chesterfield,  biennial  election  of  Nov.  7,  1922,  legalized 212 

Chevrette,  Edgar,  appropriation  in  favor  of 201 

Chief  of  police  of  cities,  may  issue  license  to  carry  loaded  pistol 

or   revolver 139 

Child  welfare   work,   appropriation    for 171,  177 

Chiropractors,   board   of,   appropriation   for 172,  178 

Church,  see  Religious  Society 28 

City  Councils  authorized  to  provide  for  collection,  removal,  and 

distribution  of  garbage 29 

Clapp,  Emma  C,  appropriation  in  favor  of 202 

Claremont,   authorization    of   renewal   and   extension    of   water 

bonds 222 


1923]                                           INDEX.  275 

Claremont,  school  district  of,  authorized  to  raise  and  appropriate 

money  for  schoolhouse 242 

Clark,  Robert  M.,  appropriation  in  favor  of 201 

Clarksville,  town  meeting  of  March  13,  1923,  legalized 240 

Coit  House,  name  of  Orphans'   Home  of  Concord   changed  to  237 

Colebrook  town  meeting  of  March,   1921,  legalized 245 

Colebrook,  vote  of,  exempting  Dr.  Kerr's  hospital  from  taxation, 

legalized     245 

Collins,  Agnes,  appropriation  in  favor  of 202 

Collins,  Frank  P.,  appropriation  in  favor  of 182 

Commissioner  of  agriculture  to  prosecute  violations  of  act  re- 
lating to  standard  for  grain 137 

Commissioner  of  estates,  notice  to  creditors  and  time  for  their 

appeal    54 

Commissioner  of  weights   and  measures   to  enforce   law  as  to 

standard  box  for  farm  produce 59 

Commissioners'   reports,   what   to   contain 53 

Concord,  charter  of,  amendment  of 229 

Concord  Masonic  Association,  charter  amended 250 

Concord,  precincts,  authorization  of  abolition  or  change  of . . . .  225 

Conduit,  license  to  public  utility  to  construct  on  state  land ....  22 

Connell,  James  E.,  Jr.,  appropriation  in  favor  of 201 

Conspiracy  against  trade 142 

Constitution,  instruction  in,  to  be  given  in  public  and  private 

schools    57 

Constitution,  revision  of,  provision  for  taking  sense  of  voters  on, 

in    1924 201 

Constitutional  convention,   request   that  it   be   reconvened,   and 

appropriation    therefor 181 

Constitutions  of   state   and   of   United   States  to  be  taught  in 

public  schools 57 

Contributory  negligence,  a  defense  in  action  for  injury  to  per- 
sonal property 28 

Convict,  parole  of,  serving  maximum  and  minimum  sentence  ...  76 

Conway  Village  fire  district,  meeting  of,  legalized 243 

Coos  County  authorized  to  issue  notes  not  exceeding  $50,000  to 

fund  floating  indebtedness 238 

Corporation,  charter  amended,  see  Charters  amended. 
Corporation  law,  amendment  of  Laws  1919,  c.  92,  as  amended 

by  Laws  1921,  c,  97,  s.  1  24 

Corporation  law,  how  corporations  may  bring  themselves  under 

provisions  of  business   corporation   law 25 

Corporation,  Rockingham  County  Light  &  Power  Co.,  how  may 

bring  itself  within  business  corporation  law   219 

Corporations,  annual   returns 117 

business    24,    25,  116 

capitalization  of  trust  companies  regulated 42 

charters   of,   amended,   see   Charters   amended, 

foreign,  required  to  register;  penalty  therefor...  119 
County  treasurer,  to  issue  permit  for  motor  vehicles  to  persons 

in  unincorporated  places ;  fees 49 

County  treasurers,  certain  counties  to  pay  premiums  on  bonds  of  65 


276  INDEX.  [1923 

Cousins,  Keith,  appropriation  in   favor  of 182 

Crimes:  bathing  in  lake,  etc.,  used  as  water  supply 129 

carrying  concealed  weapons  without  license 138 

chaining  wheels  on  hills 102 

entry  into  orchard,  etc.,  with  intent  to  destroy  trees,  etc.  36 
failure  to  comply  with  permit  to  landowner  to  kill  ani- 
mals injurious  to  property 109 

falsely  representing  box  for  shipment  of  farm  produce 

to  be  of  standard  size 59 

intoxicated  person  operating  motor  vehicles 100 

leaving  stones,  boards,  etc.,  in  highway 102 

making  false  certificate  of  Rockingham  County  Light 

&  Power  Co.  corporation 220 

milk,  manufacture,  sale,  etc.,  of  any  milk,  etc.,  to  which 

fat  other  than  milk  fat  has  been  added 48 

motor  vehicle,  operation  of,  recklessly  or  by  person  in- 
toxicated, etc.,   punished 37 

non-compliance   with   act   relating   to    classified    forest 

land     85 

parole  of  convict  serving  maximum  and  minimum  sen- 
tence   . •  76 

penalty  for  foreign  corporation   not  registering 119 

penalty  for  violation  of  act  authorizing  taking  of  birds, 
their  nests  and  eggs,  etc.,  on  permit  for  scientific 

purposes     

penalty  for  violation  of  law  as  to  standard  for  grain .  .  137 

penalty  for  violation  of  law  as  to  standard  time 125 

pigeons,  Antwerp  or  homing,  not  to  be  taken  if  bearing 
registered  number  or  distinguishing  mark;  pen- 
alty for  violation  of  act 63 

pistol  or  revolver,  altering,  etc.,  name  of  maker,  etc., 

upon    

pistol    or    revolver,    giving    false    information,    etc.,    in 

purchasing    =  140 

pistol,  sale  of  to  unnaturalized  foreign-born  person,  etc.  139 

sale,  etc.,  of  any  substance  designed  to  be  used  as  a  sub- 
stitute for  butter  not  to  be  made  with  intent  to 

deceive    48 

selling  pistol  or  revolver  without  license 139 

stove  polishes  flashing  at  certain  temperature,  sale  of, 

forbidden   141 

taxpayer  filing  fraudulent  return,  etc.,  under   income 

tax   law 82 

uttering  check  without  sufficient  funds,  when  consti- 
tutes   larceny 56 

violation  of  act  relating  to  possession,  sale  and  use  of 

pistols  and   revolvers 138 

violation  of  act  relating  to  road  toll 96 

violation  of  act  relating  to  transportation  of  live  stock  61 

violation  of  law  of  road  at  intersection  of  highway  and 

way,  how  punished 101 


39 


140 


1923]                                           INDEX.  277 

Crimes:  violation    of    law    relating    to    advertisements    during 

strikes,    etc 116 

violation  of  rule  or  regulation  of  fuel  administrator. . .  130 

wilfully  destroying  notice  against  trespassing 37 

Crippled  and  tuberculous  children,  appropriation  for 171,  177 

Damages  for  death  by  wrongful  act,  how  distributed 127 

Dartmouth  College  road,  name  of  West  Side  road  changed  to..  183 
Dead  body,  licensed  embalmer  may  transfer  to  another  town  for 

preparation    for    j^urial 27 

Deaf,  dumb  and  blind,  support  and  education  of,  appropriation 

for 171,  177 

Deal,  William  B.,  estate  of,  appropriation  in  favor  of 187 

Death  by  wrongful   act,   damages   for   death  by   wrongful   act 

how  distributed 127 

Decedent,  taxation  of  estate  of  non-resident  decedent 47 

Deer,  not  to  be  taken  by  dog,  jack,  etc 40 

Dental  board,  appropriation  for U2,  178 

deposit  book,  advertisement  of  when  lost 93 

Derry  Village  sewer  district  authorized  to  issue  bonds 260 

Discontinuance  of  state  highways   23 

District,  high  school  district,  see  public  schools Ill 

Dover,  appropriation  for  tercentenary 197 

Dugas,  Arthur  G.,  appropriation  in  favor  of 201 

Dupuis,  Emile,  appropriation  in  favor  of 201 

Dwyer,  Norah  A.,  appropriation  in  favor  of 201 

Eastman  Company,  Edson  C,  appropriation  in  favor  of 202 

Edgell,   Nelson   Aldrich,  change  of  name  to   Stephen    Maurice 

Edgell     51 

Education,   state  board  of,   appropriation   for - 170,  176 

Effingham,  biennial  election  of  Nov.  7,  1922,  legalized 214 

Elections:  ballots  cast  at  additional  polling  places  to  be  sent  to 
moderator    at    central   polling   place    and    by 

him  there  counted   135 

duplicate  check-lists  and  ballots  to  be  returned  and 

disposed  of  by  town  clerk    135 

election  officers,  residents  of  additional  polling  dis- 
tricts may  keep  names  on  check-list  of  central 

polling  place   135 

polling    districts 135 

primaries,  petition  when  conflicting  to  be  returned; 
declarations  and  petitions,  when  to  be  filed 
with  secretary  of  state;  withdrawal  of  candi- 
date, when  not  permitted 63 

Elections  legalized:  Alton,   Nov.   7,   1922 228 

Amherst,  Nov.  7,  1922 211 

Brookline,  Nov.  7,  1922 211 

Chesterfield,  Nov.  7,  1922 212 

Effingham,  Nov.  7,  1922 214 

Hopkinton,  Nov.   7,  1922 212 

Langdon,  Nov.  7,  1922 214 


278  INDEX.  [1923 

Elections  legalized:  Marlow,  Nov.  7,  1922 213 

Newbury,   Nov.   7,   1922 210 

Warren,  Nov.  7,  1922 213 

Emerson,  John   H.,   appropriation   in   favor   of 201 

Employers'  liability  act,  amount  of  compensation,  how  to  be  de- 
termined   114 

Employers'  liability  act,  hospital  and  medical  service,  when  to 

be  rendered  free 113 

Employers'  liability  act,  notice  of  accident  and  claim  for  com- 
pensation when  to  be  made.     Notice,  what  to  contain  and 

how  to  be   served 113 

Enfield  Village  fire  district  authorized  to  extend  its  bonds 239 

Epping  school   district  authorized  to  borrow  money  in   excess 

of  limit  now  prescribed 260 

Executive  department,  appropriation  for 169,  175 

Exemption  of  deposits  from  taxation 21 

Exeter  Cottage  Hospital,  name  of,  changed  to  Exeter  Hospital.  210 
Ezra  Dupuis  Post,  money  appropriated  for  soldiers'  memorial, 

and   donated  to   Post 242 

Factory  Inspection,  appropriation  for 171,  177 

Farm  produce,  standard  box  for,  determined 59 

Farrell,  Clarence  W.,  appropriation  in  favor  of 182 

Federal  direct  property  tax  illegally  assessed  as  a  direct  prop- 
erty tax,  claims  therefor  against  federal  government 74 

Fees  of  sheriffs  for  court  attendance 42 

Firemen's  relief  fund,  appropriation  for 173,  179 

Fires  in  woodlands,  prevention  of,  by  closing  to   hunters   and 

fishermen     50 

Fish  and  game,  Antwerp  or  homing  pigeons  not  to  be  taken  if 

bearing  number  or  mark 62 

closing  of  woodlands  to  hunters  and  fishermen, 

for  prevention  of  fire  in  drought 50 

deer  not  to  be  taken  by  aid  of  dog,  jack,  etc.. .  40 

gray  squirrels,  time  for  protection  of,  extended 

to  Oct.  1,  1929 62 

may  be  taken  on  permit  for  scientific  purposes  38 

migratory    birds 34 

payment  to  be  made  by  state  for  damage  done 

by  birds  or  protected  game 107 

permit  to  landowner  to  kill  animals  injurious 

to  property 108 

pheasants,  male,  open  season  for  and  number 

to  be  taken,  limited 105 

pickerel    may    be    taken    in    Ogontz    Lake    in 

Lyman    106 

ruffed  grouse,  number  to  be  taken  in  one  day 

and    in    season,    limited 105 

salmon   fishing   in    Big   Diamond    pond    regu- 
lated      60 

Stoddard,  fishing  through  ice  in  certain  ponds 

of,  prohibited  for  five  years 34 


1923]                                          INDEX.  279 

Fish  and  game,  Washington,  fishing  through  ice  in  Long  Pond 

prohibited  for  five  years 34 

Woodcock,  number  to  be  taken  in  one  day  and 

in   season,   limited 105 

Fish  and  game  commissioner,  permit  may  be  issued  by,  to  land- 
owner to  kill  animals  injurious  to  property 109 

Fish  and  game  commissioner,  when  may  suspend  or  revoke  li- 
censes       33 

Flanders,  Alice  V.,  appropriation  in  favor  of 201,  202 

Foley,   Francis,  appropriation  in  favor  of 201 

Foreign-born  persons,  when  may  carry  pistol  or  revolver....  139 
Forest  lands  in  possession  of  national  government:  abatement  to 

town  of  portion  of  state  and  county  tax 86 

Forestry,  classified  forest  land 83 

Forestry  department,  appropriation  for 172,  178 

Forster,  J.  H.,  appropriation  in  favor  of 202 

Foster,  K.  R.,  appropriation  in  favor  of 196 

Free  employment  bureau,   appropriation   for 171,  177 

Fuel  administrator,  appointment  of 130 

Fuel,  regulation  of  supply  of,  by  fuel  administrator 131 

Gallagher,  Edward  J.,  appropriation  to,  for  rent  of  offices  in 

Patriot   building    184 

G.   A.  R.  department,  appropriation  for 172,  178 

Garbage,  city  authorized  to  provide  for  collection,  removal,  and 

distribution   of,   etc 29 

Gasoline,  pumps  and  tanks  employed  in  distribution  and  sale  of, 

to  be  taxable 55 

Gasoline,  road  toll  on 96 

Gauging  stations,  appropriation  in  favor  of  establishment  of. .  200 

Gay,  Frank,  appropriation  in  favor  of 182 

Giddis,    Henry,    appropriation    in    favor    of 197 

Gift  of  Kimball  homestead,  declination  of 181 

Gifts  of  personalty  to  state,  governor  authorized  to  accept  ....  45 

Goods,  sale  of,  see  uniform  sales  act 143 

Gordon-Nash  Library  in  New  Hampton,  charter  amended 232 

Gorham  high  school,  debt  not  exceeding  $75,000,  etc.,  author- 
ized for  constructing,  etc 230 

Gove,  Clarence  G.,  appropriation  in  favor  of 197 

Governor  authorized  to  accept  gifts  of  personalty  to  state 45 

Governor  to  pay  for  damages  to  crops  by  protected  birds  or  game  107 
Governor  to  propound  to  and  against  federal  government  claim 
for  money  illegally  paid  thereto  as  a  direct  tax,  and  to 

employ  counsel  to  prosecute  such  claim 74 

Governor  with  consent  of  council  authorized  to  deed  "Powder 

House  Hill"  in  Haverhill 67 

Governor's  staff',  qualifications  of  members 11 

Governor  and  council,  appropriation  for   169,  175 

discontinuance  of  state  highways 23 

highways  or  bridges  improved  with  state 
funds  to  be  maintained  to  satis- 
faction  of    102 


280  INDEX.  [1923 

Governor  and  council,  may  close  woodlands  to  hunters  and  fish- 
ermen during  drought 50 

may   license   public   utility   to   construct 
pipe   line,   conduit,    line   of   poles, 

and  wires  over  public  land 22 

may  modify  rules  of  fuel  administrator  131 

to  appoint  pier  commission    29 

Grafton  county,  authorization  of  funding  bonds  to  amount  of 

$40,000     227 

Grafton  county,  vote  of  delegation  of  March  7,  1923,  legalized . .  235 
Grain,  vendors   of,  to   furnish  printed   statement   showing  net 

weight  and  grade   136 

Granite  State  Deaf  Mute  Mission,  appropriation  for 171,  177 

Gray  squirrels,  time  for  protection  of  extended 62 

Greer,  Benjamin  F.,  Jr.,  appropriation  in  favor  of 202 

Greer,  Raymond  C,  appropriation  in  favor  of 182 

Haggett,  William  M.,  appropriation  in  favor  of 202 

Halde,  Euclide  and  Marie,  appropriation  in  favor  of 195 

Hamlin,  Howard  H.,  appropriation  in  favor  of 182 

Hampton  school  district  authorized  to  issue  bonds  for  erection 

of    school    buildings,    not    exceeding    $10,000 215 

Hargreaves,  Bartholomew  J.,  appropriation  in  favor  of 201 

Haverhill,  appropriation  in  favor  of 186 

Haverhill,  "Powder  House  Hill"  in,  to  be  deeded  by  governor ...  67 

Hawkers,  see  Itinerant  vendors 20 

Healey,  Jeremiah  J.,  appropriation  in  favor  of 201 

Health  department,  board  of,  appropriation  for 172,  177 

Highway   agents,    number   to   be  elected 19 

Highway  commissioner,  biennial  report  and  annual  report 104 

Highway  department,  appropriation  for 174,  180 

Highway,  Dorchester  to  Lyme,  repair  of 193 

Highway,  Effingham  Falls  to  South  Effingham,  repair  of 193 

Highway,  Freedom  to  East  Madison,  improvement  of 194 

Highway  in  Tamworth,  improvement  of 194 

Highways,  chaining  wheels  on  hills  prohibited 101 

civil  damages  for  violation  of  law  of  road  limited  to 

one  year   101 

name    of    West    Side    road    changed    to    Dartmouth 

College  road   183 

repair  of  state-aided  roads  within   city  or  tovrai  to 

be  maintained  by  municipality 102 

state,  discontinuance  of 23 

stones,  boards,   etc.,  leaving  in   highway  how  pun- 
ished      102 

towns  on  certain  cross-state  highways  to  receive  half 

the  cost  of  improvements 103 

unexpended  balance  of  appropriation  for  bridges  to 

be   available   for   following   year 104 

Hillsborough  county,  authorization  of  issue  of  $200,000  of  fund- 
ing bonds    226 

salary  of   sheriff   of 58 


1923]                                          inde:^.  28l 

Hillsborough  county,   salary  of  treasurer  of 58 

to  pay  premium  on  treasurer's  bond 49 

Holderness,  school  meeting  of  March  13,  1923,  legalized 241 

Holidays,  biennial  elections  applicable  to  public   schools 32 

Homing  pigeons,  taking  of,  when  forbidden 62 

Hooksett  authorized  to  construct  waterworks,  etc 261 

Hopkinton,  biennial  election  of  Nov.  7,  1922,  legalized 212 

Hospital,  state,  appropriation  for 173,  179 

Hoyt,  Horace  F.,  appropriation  in  favor  of 182 

Hunting  license,  when  may  be  granted  to  minors  under  sixteen  32 

Hunting  licenses,  suspension  and  revocation  of 33 

Indexing  department,  appropriation   for 172,  178 

Industrial   school,   appropriation  for 173,  179 

Insurance   department,   appropriation   for 169,  175 

Interest  charges,  appropriation  for 173,  179 

Interstate  commerce  commission,  petition  to  congress  to  retain 
provision  of  act  requiring  valuation  of  railroads  in  each 

state    by    182 

Intoxicated  person  operating  motor  vehicle,  punishment  of  ....  100 

Intoxicating  liquor,  operating  vehicle  while  under  influence  of . .  37 

Itinerant    vendors,    license    fee 20 

Jail  of  Strafford  county 133 

Jameson,  Dr.  James  W.,  appropriation  for 196 

John  Young  Pond  in  Lyman,  name  changed  to  Ogontz  Lake. .  55 

Jurors,  pay  of 44 

Kearns,  James  A.,  appropriation  in  favor  of 201 

Keene  Academy  authorized  to  hold  real  and  personal  estate  not 

exceeding    $120,000 215 

Keene  Sentinel,  appropriation  in  favor  of 202 

Kennedy,   Hubert  J.,  appropriation  in  favor   of 187 

Kerr,  Dr.,  hospital  of,  exempted  from  taxation   245 

Kimball  homestead,  declination  by  state  of  gift  of 181 

Knox,  William  H.,  appropriation  in  favor  of 182 

Laboratory  of  Hygiene  department,  appropriation  for 172,  178 

Lancaster  fire  precinct  authorized  to  pay  Union  School  District 
No.   1   from  receipts  from  water  system  for   retirement 

of  outstanding  school  district  bonds 223 

Laconia  Democrat,  appropriation  in  favor  of 202 

Langdon,  biennial  election  of  Nov.  7,  1922,  legalized 214 

Larceny,  uttering  check  without  sufficient  funds,  when  consti- 
tutes      56 

Law  of  road,  civil  damages  for  violation  of,  limited  to  one  year  101 
Lebanon,    bonded    indebtedness    for    municipal    buildings,    etc., 

authorized    234,  237 

Lebanon,   county    courthouse   at,   appropriation    of   county    for, 

legalized    235 

Lebanon,  vote  of  March  31,  1923,  relative  to  issue  of  town  bonds, 

legalized 237 

IS 


282  INDEX.  [1923 

Lee,   Richard  J.,  appropriation   in   favor  of 201 

Legislature,   appropriation    for 170,  176 

Library,  state,  appropriation  for 173,  178 

License  fee  for  itinerant  vendors 20 

hunting,  suspension  or  revocation  of 33 

hunting,  when  may  be  granted  to  minors  under  sixteen  32 

revocation    of   motor    vehicle    license 100 

to  carry  loaded  weapon,  to  whom  and  by  whom,  to  be 

granted     139 

to  operate  motor  vehicle  to  be  revoked  on  conviction  of 

licensee  for  operating  when  intoxicated 37 

to  public  utility  to  construct  pipe  line,  conduit,  poles, 

etc.,  on  public  land 22 

to  sell  pistol  or  revolver 140 

Licensed  embalmer  may  transfer  body  to  another  town  for  prep- 
aration for  burial 27 

Lien  of  unpaid  seller 158 

Limitation  of  action  for  damages  for  violation  of  law  of  road, 

one    year 101 

Littleton  authorized  to  issue  bonds  for  construction  of  Ammo- 

noosuc   river   bridge 216 

Littleton,  proceedings  at  annual  meeting  of  March  8,  1921,  and 

of  March  14,  1922,  legalized 216 

Lockouts,  advertisements  during 116 

Lucier,  Alvin  A.,  appropriation  in  favor  of .  202 

Lyman  bridge,  appropriation  for  freeing  Lyman  bridge  in  the 

town  of  Monroe 186 

Lyinan  bridge  in  town  of  Monroe,  how  to  be  freed  from  tolls  ...  66 

Manchester,  Carpenter  Hotel  Co.  in,  exemption  of  property  of, 

from   taxation 254 

Manchester  Daily  Mirror,  appropriation  in  favor  of 202 

Manchester,    employees    of,    in    water    department,     may    be 

granted   one   year    pensions 255 

employees  of,  when  may  be  pensioned 254 

highway  commissioners  of,  powers  to  lay  out  and 

construct  curbing  on  streets 253 

municipal  court,  special  justices,  salary  of,  fixed.  124 

open  air  concerts,  appropriation  for,  authorized.  .  236 
Manchester    Traction    Light    &    Power    Company,    charter    of, 

amended     243 

Manufacturing  establishments,   repeal   of   statutes   authorizing 

exemption  of,  from  taxation 41 

Margaret  Pillsbury  General  Hospital,  appropriation  in  favor  of  196 

Marlow,  biennial  election  of  Nov.  7,  1922,  legalized 213 

Marriage,  age  of  consent  fixed 128 

Married   woman,   under   twenty-one,   will  of 26 

Maternity  and  infancy,  co-operation  with  federal  government.  .  199 

Maturing  bonds,  appropriation  for 173,  179 

Mayor,  may  issue  license  to  carry  loaded  pistol  or  revolver. . . .  139 

McDuffee,  Charles  H.,  appropriation  in  favor  of 201 

Medical   referees,   appropriation   for 173,  179 


1923]                                        Index.  283 

Merrimack  county,  deputy  register  of  probate  of,  salary 123 

Migratory  birds,  taking  of,  restrictions  as  to 34 

Military  organizations,  appropriation  for 173,  179 

Milk,  pure  food  laws,  manufacture,  sale,  etc.,  of  any  milk,  etc., 

to  which  fat  other  than  milk  fat  has  been  added 48 

Minah,  Edison  J.,  appropriation  in  favor  of 182 

Monadnock  Club  of  Troy,  N.  H.,  charter  granted 233 

Monitor-Patriot  Company,  appropriation  in  favor  of 202 

Monopolies   defined    142 

Monroe,  appropriation  for  establishing  free  bridge  in 186 

Monroe,  establishment  of  free  bridge  in 186 

Monroe,  selectmen  of,  authorized  to  execute  agreement  freeing 

Lyman  bridge  from  tolls 66 

Mooney,  Chester,  appropriation  in  favor  of 201 

Moore's  Falls  Corporation,  enlarging  powers  of 251 

Moore,  Frederick  W.,  appropriation  in  favor  of 201,  202 

Mortgages,  power  of  sale  mortgages,  how  foreclosed 134 

Motor    vehicles,    commissioner  of,  appropriation   for 173,  179 

commissioner  of,  salary  fixed 120 

non-residents',  when  may  be  operated  for  20 

days  without  registration 99 

operation  of,  by  intoxicated  person,  how  pun- 
ished      100 

operation   of,   recklessly  or   by   person    intoxi- 
cated, etc.,  punished 37 

permit  fees  on 49 

revocation  of  license  of  intoxicated  person. . . .  100 
Municipal  corporations,  see  city  councils,  mayor,  towns,  village 
districts. 

Municipal  courts,  salaries  of  certain  special  justices  fixed 124 

Municipal  debts,  Grafton  county  bonds  to  be  made  in  conform- 
ity Laws  1917,  c.  129,  s.  2   228 

Municipal    indebtedness,    classified    and    limited,    1917,    c.    129, 

ss.  2,  6   230 

Municipal  finances,  Gorham  school  district 230 

Municipal  property,  exempt  from  taxation  if  yielding  no  rent 

and  held  in  another  town 45 

Murchie,  Alexander,  appropriation  in  favor  of 202 

Name  changed.  Nelson  Aldrich  Edgell  changed  to  Stephen  Mau- 
rice   Edgell 51 

Names  changed  by  probate  court 203 

Names  changed  by  superior  court  in  divorce  proceedings 207 

Nashua    authorized  to  grant  pensions  to  municipal  employees..  256 

municipal  court,  special  justices,  salary  of,  fixed 124 

municipal  indebtedness  of,  regulated 258 

Protestant  Home  for  Aged  Women,  charter  amended  232 

National  banks,  taxation  of  capital  stock 35 

Neal,  Guy  S.,  appropriation  in  favor  of 182 

Nesmith  fund,  John,  appropriation  for : 171,  177 

Newbury,  biennial  election  of  Nov.  7,  1922,  legalized 210 


284  INDEX.  [1923 

New  Hampshire  College  of  Agriculture  and  the  Mechanic  Arts, 

appropriation   for    173,  179 

College  of  Agriculture  and  the  Mechanic  Arts, 
trustees  of,  to  constitute  board  of 
trustees  of  University  of  New  Hamp- 
shire    126 

Conference  Seminary  and  the  New  Hampshire 
Female    College,    name    of,    changed    to 

Tilton    School    224 

Historical  Society,  appropriation  for 173,  179 

Odd  Fellows'  Home   264 

Patriot  Company,  appropriation  in  favor  of . . .  202 
state  hospital,  act  to  provide  additional  accom- 
modations for    167 

state    hospital,    appropriation    for    deficit    for 

period  ending  June  30,  1923   188 

state  sanatorium,  improvements  at,  appropria- 
tion   for    189 

Veterans'    Association,   improvements    and    re- 
pairs on  property  at  Weirs,  etc 198 

Newmarket  school  district  authorized  to  exceed  limit  of  indebted- 
ness for  construction  of  high  school  building 264 

Newport,  authorization  of  refunding  of  town  bonds  to  amount 

of    $60,000    223 

North  Sutton  Improvement  Society,  exemption  of  property  from 

taxation  for  five  years    218 

Ogontz  Lake,  name  of  John  Young  pond  in  Lyman  changed  to  55 

Ogontz  Lake  in  Lyman,  pickerel,  when  may  be  taken   106 

Old  Home  Week  Association,  appropriation  for   173,  179,  185 

O'Neill,  Patrick  H.,  appropriation  in  favor  of 201 

Optometry,  board  of,  appropriation  for 172,  178 

O'Reilly,  Irene  C,  appropriation  in  favor  of 201 

Ossipee,  may  exempt  hotel  property  from  taxation   247 

Parsonages,  exemption  of,  from  taxation 89 

Patriot  building,  rental  of  offices  in,  appropriation  for 184 

Patterson,  Joab  N.,  appropriation  in  favor  of 201 

Paupers,  settlement  of,  how  gained   129 

Pensions  of  employees  of  Manchester   254,  255 

Pensions  of  employees  of  Nashua 256 

Permit  to  authorize  taking  of  birds,  etc.,  wild  animals,  fish,  for 

scientific  purposes 39 

Permit  to  landowner  to  kill  animals  injurious  to  property   ....  108 

Permits  to  solicit  funds  for  charities   142 

Personal  property,  injuries  to,  contributory  negligence  a  defense  28 

Pharmacy  commission  department,  appropriation  for    172,  178 

Pheasants,  male,  open  season  for  and  number  to  be  taken,  limited  105 

Physician,  resident  physician  may  be  maintained  by  towns 41 

Pickerel,  when  may  be  taken  in  Ogontz  Lake  in  Lyman 106 

Pier   commission   established    29 

Pigeons,  Antwerp  or  homing,  not  to  be  taken  if  bearing  regis- 
tered number  or  distinguishing  mark 62 


1923]                                             INDEX.  285 

Pipe  line,  license  to  public  utility  to  construct,  on  state  land  ....  22 

Piscataqua   bridge   maintenance,   appropriations    for    174,  180 

Pistol  or  revolver,  how  defined  in  act  controlling  possession,  sale 

and  use  of  pistols  and  revolvers  138 

Poll  tax,  exemption  of  soldiers'  widows  from   88 

Pond,  John  Young  pond  in  Lyman,  name  of,  changed  to  Ogontz 

Lake   55 

Portsmouth,  appropriation  for  tercentenary  of 197 

Portsmouth  Herald,  appropriation  in  favor  of _. 202 

Portsmouth  Times,  appropriation  in  favor  of 202 

Power  of  sale  mortgages,  how  foreclosed 134 

Pridham,  James  W.,  appropriation  in  favor  of 201 

Primaries,  see  elections   63 

Prison,  state,  appropriation  for  173,  179 

Prisoners'  Aid  Association,  appropriation  for   173, 179 

Probate  court,  appropriation  for  170,  174,  176,  180 

Probate  law  and  procedure,  commissioners'  reports,  what  to  con- 
tain    53 

Probate  law  and  procedure,  notice  to  creditors  and  appeal  from 

commissioner    54 

Prohibitory  law  department,  appropriation  for 170,  176 

Public  health,  resident  physician  of  town   41 

Public  library  commission,  appropriation  for   173,  178 

Public  library  commission,  salary  of  secretary  of   122 

Public   schools,  appointment  of  deputy  commissioners,  etc.,  by 

state  board  of  education    65 

claims  of  districts  entitled  to  state  aid 109 

constitutions  to  be  taught  in   57 

%     district  not  maintaining  high  school  to  pay  for 

tuition  of  child  so  attending Ill 

school  buildings  to  have  safety  exit  devices  ....  112 

Public  sei'vice  commission  to  fix  standard  for  anthracite  coal   .  .  130 

Public  service  commission  department,  appropriation  for 169,  175 

Public  Statutes,  commission  to  revise  52 

Public  Statutes,  repealed,  amended,  etc.: 

chapter  50,  s.  10,  subd.  xill,  powers  of  city  councils 29 

53,  village  districts    263 

55,  s.  2,     exemption  from  taxation   89 

s.  11,  authorization  of  exemption  of  manufac- 
turing   establishments    from    taxation  41 

56,  s.  2,  exemption  of  veterans  from  taxation  ....  87 
s.  4,  exemption  of  veterans  from  taxation   ....  87 

65,  s.  4,  taxation  of  savings  banks  91 

s.  5,  taxation  of  savings  banks  91 

76,  s.  19,  law  of  road 101 

79,  s.  10,  powers  of  towns  and  village  districts   . .  30 

83,  s.  1,  par.  ix,  settlement  how  gained   129 

147,  voluntary  corporations 218 

150,  s.  4,     corporation   debts    H'^ 

ss.  16,  17,  returns  of  corporations   H''' 

152,  s.  10,  limitation   of  income   of   grant   or   dona- 
tion to  church 28 


286  INDEX.  [1923 

Public  Statutes,  repealed,  amended,  etc.: 

chapter  165,  s.  6,  bond  of  treasurer  of  savings  bank   93 

173,  s.  6,  permit  for  burial  or  removal    27 

186,  s.  1,  w^ho   may  make   will    26 

191,  s.  13,  damages   for   death  caused  by  wrongful 

act    127 

192,  s.  14,  reports  of  commissioners    53 

193,  s.  1,  acceptance  of  commissioners'  reports  ....  54 

286,  s.  11,  salary  of  warden  of  state  prison 121 

s.  19,  salary  of  county  treasurers   58 

287,  s.  16,  sheriffs'  fees   42 

s.  21,  pay  of   jurors    44 

Public  utilities,  licensing  of,  to  exercise  rights  on  public  lands  22 

Purchasing  agent's  department,  appropriation  for   '. . .  170,  175 

Pure  food  laws,  provisions  to  maintain  the  purity  of  butter, 

cream,  and  dairy  products   48 

Railroad,  certain  cars  to  be  equipped  with  two  four-wheeled 

trucks    132 

Railroads,  petition  to  congress  to  retain  provision  requiring  in- 
terstate commerce  commission  to  show  valuation  of  ....  182 

Register  of  blind,  appropriation  for   171,  177 

Register  of  probate,  deputy  for  Merrimack  county,  salary  fixed  123 
Religious  Society,  limitation  of  income  of  grant  or  donation  to 

church    28 

Rental  of  offices  in  Patriot  building,  appropriation  for 184 

Returns  of  corporations 117 

Revision  of  statutes,  commission  for  52 

Revolver,  regulation  of  use  of «  . .  .  138 

Road  toll  on  fuel  used  on  highways  96 

Rockingham    County   Light   &   Power    Company   authorized   to 

issue  preferred  stock  for  other  purposes   218 

Rockingham  county,  salary  of  solicitor  of 123 

Ruffed  grouse,  number  to  be  taken  in  one  day  and  in  season 

limited    105 

Rumney  authorized  to  raise  money  for  care  and  improvement  of 

certain    cemeteries    221 

Salary  of  bank  commissioner    119 

county  solicitor  of  Rockingham  county    123 

deputy  register  of  probate  of  Merrimack  county  . . .  123 

motor  vehicles  commissioner    120 

secretary  of  public  library  commission   122 

sheriffs 58 

special  justices  of  municipal  courts  of  Manchester 

and  Nashua 124 

state  agent  of  blind  fixed   124 

warden  of  state  prison  fixed   121 

Sale  of  goods,  see  uniform  sales  act 143 

Salem  school  district  authorized  to  issue  bonds  for  erection  of 

school  buildings  248 

Sales  act   143 

Sanatorium,   state,  appropriation   for    173,  179 

Sanborn,  Elizabeth  H.,  appropriation  in  favor  of 201,  202 


1923]  INDEX.  287 

Savings  banks,  taxation 92 

School  for  feeble-minded,  appropriation  for   173, 179 

School  for  feeble-minded,  appropriation  for  deficiency 189 

School  for  feeble-minded,   appropriations   for   improvements   at  190 

School  meeting  legalized,  town  meeting  of  Holderness  of  March 

13,   1923,  legalized    241 

Secretary  of  state  department,  appropriation  for   169,  175 

Secretary  of  state  to  prepare  ballot  for  taking  sense  of  voters 

on  revision  of  constitution  in  1924   201 

Secretary  of  state  to  prescribe  form  for  keeping  record  of  sales 

of  pistols  and  revolvers  140 

Selectmen  of  towns  may  issue  license  to  carry  loaded  pistol  or 

revolver   139 

Selectmen  of  towns,  etc.,  may  issue  license  to  sell  pistol  or  re- 
volver    140 

Session  laws,  repealed,  amended,  etc.: 

1852,  chapter  1372,  s.  1,  New  Hampshire  Conference  Sem- 
inary and  the  New  Hampshire  Fe- 
male College,  incorporated 224 

1859,  chapter  2289,  New  Hampshire  Conference  Seminary 
and  the  New  Hampshire  Female  Col- 
lege,  charter   amended    224 

1877,  chapter  129,  Nashua     Protestant     Home     for     Aged 

Women,   charter   of    232 

138,  s.  1,  Concord  Masonic   Association, 

charter  of  250 

1883,  chapter  208,  s.  2,  charter    of    New    Hampshire    Odd 

Fellows'  Widows'  and  Orphans'  Home  264 

1885,  chapter  177,  s.  9,  charter  of  American   Typographic 

Company   244 

1887,  chapter  193,  charter  of  Gordon-Nash  Library  in  New 

Hampton    232 

1889,  chapter  268,  charter  of  Woodsville  Guaranty  Savings 

Bank 231 

1893,  chapter     29,  s.  3,  highway  agents    19 

58,  s.  1,  treasurer  of  savings  bank  to  give 

bond    93 

171,  s.  20,  Somersworth    school    board,    how 

constituted 249 

s.  21,  Somersworth    school    board,    how 

constituted 249 

258,  s.  1,  appropriation  for  open  air  concerts 

in  Manchester  authorized   236 

1895,  chapter     43,  municipal  finances  258 

76,  s.  4,  bathing    in    lake    used    as    water 

supply 129 

108,  s.  1,  taxation  of  savings  banks 91 

113,  ss.  1-4,  taxation  of  bank  stock   35 

175,  amendment  of  charter  of  Gordon-Nash 

Library  in  New  Hampton  232 

199,  charter  of  American  Typographic  Com- 
pany     244 


288                                              INDEX.  [1923 

Session  laws,  repealed,  amended,  etc.: 

1897,  chapter     46,  s.  5,  itinerant  vendors,  license  fee    ....  20 

67,  s.  1,  highway  agents   19 

78,  s.  2,  election  officers   135 

s.  6,  nomination    papers    64 

s.  8,  elections   135 

153,  American  Typographic  Company,  char- 
ter   amended    244 

1899,  chapter       4,  s.  1,  salary  of  treasurer  of  Hillsborough 

county    58 

11,  holidays   32 

19,  s.  3,  power  of  sale  mortgages 134 

199,  s.  2,  American      Manufacturing     Com- 
pany, charter  amended   244 

1901,  chapter     80,  s.  1,  sheriffs'  fees   42 

82,  s.  1,  taxation  of  savings  banks 91 

96,  s.  1,  high  schools    Ill 

182,  American  Typographic  Company,  char- 
ter amended   244 

1903,  chapter  110,  settlement  how   gained    129 

118,  high  schools    Ill 

198,  New    Hampshire    Conference    Seminary 
and  Female  College,  name  of  changed 

to   Tilton    Seminary    224 

219,  s.  1,  charter    of    New    Hampshire    Odd 
Fellows'  Widows'  and  Orphans'  Home, 

amended     264 

1905,  chapter       2,  s.  1,  power  of  sale  mortgages 134 

35,  state-aided  roads  102 

40,  s.  1,  rates  of  inheritance  and  succession 

taxes 72 

s.  12,  legacy  and  succession  taxes   ....  67 
s.  17,  state    treasurer    to    bring    action 

for  recovery  of  tax 69 

s.  20,  notice   to   state    treasurer   to   ap- 
pear in  proceeding  affecting  tax  ....  70 

45,  s.  1,  lost  deposit  book 93 

1907,  chapter       7,  s.  1,  biennial   election   day,   not  a   legal 

holiday  in  public  schools   32 

43,  s.  1,  salary  of  treasurer  of  Hillsborough 

county    58 

63,  s.  1,  sheriffs'    fees    42 

68,  s.  1,  rates    of    inheritance    and    succes- 

sion   taxes     72 

s.  5,  legacy,  and  succession  taxes   67 

s.  8,  collection  of  legacy  and  succession 

taxes 69 

s.  9,  notice  to  state  treasurer  to  appear 

in  proceeding  affecting  tax    70 

78,  s,  1,  pay  of  jurors 44 


1923]  INDEX.  289 

Session  laws,  repealed,  amended,  etc.: 

1907,  chapter      80,  s.  2,  age  of  consent   128 

88,  s.  4,  salary  of  deputy  register  of  Mer- 
rimack county   123 

1       102,  s.  1,  taxation  of  savings  banks   91 

206,  charter  of  Exeter  Cottage  Hospital  ...  210 

232,  s.  2,  power  of  Keene  Academy  to  hold 

real   and  personal  estate    215 

1909,  chapter     59,  closing  woodlands  during  drouth 50 

70,  s.  1,  deputy  sheriffs'  fees   42 

88,  s.  1,  salary     of     treasurer     of     Hills- 
borough county   58 

120,  s.  2,  parole  of  convicts   76 

153,  s.  8,  primary   elections    63 

155,  state-aided  roads  102 

166,  s.  1,  authorization     of     exemption     of 
manufacturing    establishments    from 

taxation    41 

305,  s.  38,  revision    of    charter    of    Concord  229 

s.  43,  charter   of    Concord,    amendment 

of 229 

1911,  chapter  40,  s.  1,  exemption  from  taxation  of  prop- 
erty of  municipality,  in  another  city 
or  town,  held  for  water  supply  and 

yielding  no  rent 45 

42,  s.  1,  legacy  and  succession  taxes  67,  69,  70,  72 
55,  state-aided    roads    102 

163,  s.  5,  employers'  liability  act   113 

s.  6,  div.   (1),  subd.      (a),      employers' 

liability    act,    compensation    how    de- 
termined      114 

s.  6,  div.    (2),   employers'  liability  act, 

compensation  how  determined   114 

164,  public  utilities    22 

172,  settlement  how  gained   129 

194,  s.  2,  taxation  of  savings  banks 91 

1913,  chapter     14,  s.  1,  highway  agents    19 

38,  s.  1,  wages  of  state  employees 121 

112,  s.  1,  exemption  of  municipal  securities 

from  taxation 91 

116,  s.  2,  caboose  cars   132 

158,  state-aided  roads   102 

162,  state-aided  roads   102 

168,  state-aided  roads   102 

s.  4,  state  highway  from  Merrimack 
Valley  road  to  East  Side  route,  towns 
thereon   to   receive   half   the   cost   of 

improvements   103 

179,  s.  4,  conflicting  primary  petitions    ....  63 
187,  s.  3,  registration    of    foreign    corpora- 
tion              119 

212,  s.  3,  advertisements  for  employees  dur- 
ing strikes,  etc 116 


290                                              INDEX.  [1923 

Session  laws,  repealed,  amended,  etc.: 

1913,  chapter  339,  amendment  of  charter  of  Gordon-Nash 

Library  in   New  Hampton    233 

1915,  chapter     25,  lost  deposit  book   93 

30,  s.  1,  salaries     of     special     justices     of 

municipal  courts   124 

50,  state-aided    roads    102 

51,  state-aided  roads 102 

58,  s.  7,  salaries  of  bank  commissioners   . .  119 

66,  s.  1,  state-aided  roads   103 

83,  s.  1,  taxation  of  savings  banks    91 

93,  state-aided  roads   , 102 

103,  s.  6,  report    of    highway    commissioner  104 
106,  s.  1,  notice  to  state  treasurer  to  appear 

in  proceeding  affecting  tax    70 

s.  1,  rates  of  inheritance  and  succession 

taxes 72 

109,  s.  10,  incorporation  and  management  of 

trust    companies    42 

116,  s.  2,  assistant  attorney-general,  duty 
and  authority  of,  in  relation  to  ad- 
ministration of  legacy  and  succes- 
sion  tax   laws    70' 

133,  s.  8,  damages  to  crops  by  deer 107 

s.  14,    (c),  setting    of    traps    regulated  40 
s.  16,  par.     (a),    gray    squirrels,    pro- 
tection   of 62 

s.  17,  sub.   (d),  bounty  on  wild  cats...  132 

s.  20,  open    season    and    limit   on    game  105 

s.  22    (c) ,  taking  of  birds    34 

s.  23,  open  season  on  game   105 

s.  28,  sub.   (b),  taking  of  salmon   60 

s.  32,  sub.    (b) ,  pickerel  when   may   be 

taken    106 

s.  55,  hunting    license,    when    may    be 

granted  to  minors    32 

148,  s.  1,  an     act    relating    to     actions     for 

personal    injuries 28 

150,  s.  1,  exemption   from   taxation    89 

171,  s.  1,  highway    agents     19 

1917,  chapter     16,  high   schools    Ill 

44,  sheriffs'    fees    43 

49,  s.  1,  highway  agents    19 

52,  s.  1,  parole  of  convicts    76 

99,  s.  2,  advertisements  for  employees  dur- 
ing strikes,  etc 116 

102,  sheriffs'   fees    43 

123,  s.  13,  relating      to      governor's      staff; 

qualifications  of  members   11 

124,  s.  1,  taxation  of  savings  banks 91 

s.  2,  taxation  of  savings  banks    92 


1923]                                             INDEX.  291 

Session  laws,  repealed,  amended,  etc.: 

1917,  chapter  129,  municipal  finances.  .217,  245,  246,  258,  261,  264 
ss.  2,  6,  authorization     of     loans     for 

school   districts    230 

s.  7,  debts  of  school  districts    230 

177,  ss.  8,  9,  monopolies    142 

184,  fish  and  game   40 

s.  15,  taking  and  possession  of  pickerel  106 
s.  20,  hunting    license,    when    may    be 

granted  to  minors  32 

s.  27,  fish  and  game    39 

s.  28,  damage  to  crops  by  wild  game. .  107 

s.  31,  woodcock,  when  may  be  taken   . .  105 
189,  s.  2,  taxation    of   deposits   in   banks   in 

other   states    21 

220,  s.  7,  salaries  of  state  officials   121 

224,  state-aided  roads  102 

1919,  chapter     30,  voting   districts    and   additional   polling 

places   135,  1 36 

37,  s.  1,  rates    of    inheritance    and    succes- 
sion taxes   72 

55,  permit  fees  on  motor  vehicles   49 

92,  business   corporation   law 24 

92,  s.  16,  business    corporations    116 

s.   40,  business   corporation   law    25 

93,  s.  1,  corporations    to   make    annual    re- 

turns       117 

106,  s.  22,  claims  of  school  districts  entitled 

to  state  aid  109 

114,  sheriffs'   fees    43 

118,  state-aided    roads    102 

136,  s.  1,  pay  of  jurors    44 

139,  taxation  of  street  railways    46 

146,  s.  1,  hunting  license    33 

152,  fish  and  game   40 

s.  2,  bounty  on  wild  cats   132 

s.  11,  gray  squirrels,  protection  of  ... .  62 
s.  13,  limitation  of  amount  of  game  to 

be  taken    105 

245,  amendment  of  charter  of  Concord 229 

276,  game  taken  for  scientific  purposes 39 

1921,  chapter     12,  s.  1,  exemption  of  veterans  from  taxa- 
tion     87 

s.  2,  exemption  of  veterans  from  taxa- 
tion     87 

15,  standard  time 125 

23,  s.  1,  taxation  of  street  railways 46 

39,  s.  1,  bounty  on  wild  cats   132 

41,  s.  1,  exemption  from  taxation 89 

48,  s.  1,  pickerel  when  may  be  taken 106 

64,  s.  2,  act     for     development     of     water 

power  251 


292  INDEX.  [1923 

Session  laws,  repealed,  amended,  etc.: 

1921,  chapter      70,  ss.  6,  7,  tax  upon  transfer  at  death  of 

personal  property  of  non-resident  ...  71 
s.  15,  taxation     of    property     of     non- 
resident  decedent    47 

72,  s.  2,  legacy  and  succession  taxes 67 

s.  7,  assistant  attorney-general,  duty 
and  authority  of,  in  relation  to  ad- 
ministration of  legacy  and  succes- 
sion tax  laws   70 

s.  8,  notice  to  state  treasurer  to  appear 

in  proceeding  affecting  tax 70 

85,  part  I,  s.  7,  state   board   of   education, 
appointment  of  deputy  commissioners 

by   state  board    65 

part  II,  s.  2,  constitution  of  state,  etc., 

to  be  read  aloud  in  public  schools  ...  57 

part  IV,  s.  24,  high   schools    Ill 

part  V,   (a),  s.  3,  special    meetings    of 

school   district    242 

93,  s.  1,  hunting   license    33 

95,  conflicting  primary  petitions   63 

declarations  of  candidacy  and  primary 

"  petitions 64 

s.  3,  nomination    papers    64 

97,  business    corporations    116 

s.  1,  business  corporation  law 24,  25 

101,  sale  of  stove  polishes 141 

103,  s.  1,  exemption  of  veterans  from  taxa- 
tion    87 

113,  law  of  road    101 

115,  s.  1,  relating  to  the  governor's  staff. . .  11 

118,  s.  1,  salaries  of  state  officials   122 

119,  s.  1,  definition   of   terms   in   motor   ve- 

hicle law   95 

s.  3,  motor  vehicles   of  non-residents . .  99 

s.  4,  number   plates    97 

ss.  13,  14,  18,  motor  vehicle  law   37 

s.  25,  fees  for  licensing  motor  vehicles  98 
s.  25   (d),   (e),   (f),   (g),   (h),   (i),   (1), 
(n) ,  fees  for  registration  of  motor  ve- 
hicles      97 

120,  permit  fees  on  motor  vehicles   49 

125,  s.  7,  school  districts  entitled  to  state  aid  109 

140,  s.  2,  taking  of  deer  regulated 40 

s.  5,  no   open    season   on   certain   game  105 

155,  state-aided    roads    102 

s.  16,  permanent  construction  of  high- 
way bridges   104 

Settlement  how  gained 129 

Sewer  commissioners,  board  of,  authority  conferred  on   towns 

and  village  districts  to  establish 30 


1923]                                           INDEX.  293 

Sheriff  of  Hillsborough  county,  salary  of 58 

Sheriffs'  fees  for  court  attendance 42 

Smith,  Peter,  appropriation  in  favor  of 182,  202 

Soldiers'  home,  appropriation  for    173,  179 

Solicitor  of  Rockingham  county,  salary  fixed   123 

Somersworth  school  board,  how  constituted  249 

Spanish  War  veterans,  appropriation  in  aid  of  twenty-fifth  an- 
niversary of  198 

Standard  boxes  for  farm  produce 59 

Standard  for  various  grains  fixed   136 

Standard  time    125 

State  agent  of  blind,  salary  fixed 124 

State  board  of  education,  appointment  of  deputy  commissioners 

by  state  board   65 

State  employees,  wages  of,  when  to  be  paid  bi-weekly 121 

State  forest  nursery,  appropriation  for    190 

State  forester,  duty  in  regard  to  disputes  concerning  classified 

forest  land    85 

State  house  department,  appropriation  for   172,  178 

State  house  department,  appropriation  in  favor  of 202 

State  house,  extraordinary  repairs  in,  appropriation  for 191 

State  house  yard,  trees  in,  appropriation  for   191 

State  prison,  appropriation  for  repairing  of 188 

State  treasurer,  duty  to  account  to  town  for  abatement  of  taxes 

of  national  government   85 

State  treasurer,  power  to  require  production  of  books  relative  to 

legacy   tax    67 

Statute  of  frauds,  sale  of  goods  145 

Stoddard,  fishing  through  ice  in  certain  ponds  of,  prohibited  for 

five  years 34 

Stove  polishes,  flashing,  sale  of  certain,  forbidden   141 

Strafford  county,  house  of  correction  of,  designated  a  jail   ....  133 

Stream  flow  gauging  stations,  appropriation  for   200 

Street  railways,  taxation  of,  see  Taxation   46 

Strikes,  advertisements  during   116 

Sugar  Loaf  road,  appropriation  for  repair  of 192 

Superior  court,  appropriations  for    170,  176 

Supreme  court,  appropriations  for    170,  176 

Tags,  sale  of,  for  charitable  purposes,  regulated 142 

Tamworth,  improvement  of  highway  in 194 

Taxation,   abatement   in   favor   of   town   wherein    are   national 

forest  reserve  lands   85 

abatement  of  legacy  and  succession  taxes 67 

Alton  authorized  to   exempt  dam   on   Merrymeeting 

river  from  taxation    259 

apportionment  for  assessment  of  taxes 12 

classified  timber  land  exempted 83 

decedent's  estate,  taxation  of  property  of  non-resident 

decedent 47 

exemption    from,    of    property    of    Carpenter    Hotel 

Company   254 


294  moEX.  [1923 

Taxation,    exemption   of   deposits    in    savings    departments    of 

foreign  trust  companies   21 

exemption  of  Ossipee  hotel  property  247 

exemption  of  parsonages    89 

exemption  of  property  of  North  Sutton  Improve- 
ment Society 218 

exemptions  in  favor  of  veterans 87 

federal  taxes  illegally  assessed  as  a  direct  property 
tax,  claims  therefor  against  federal  govern- 
ment    74 

gasoline  pumps  and  tanks  to  be  taxable   in   towns 

vi^here  kept   55 

inheritance  and  succession  taxes,  rates  of 72 

legacy  and  succession  taxes,  abatements  when   may 

be  allowed  by  state  treasurer   67,  68 

legacy  and  succession  taxes,  administration  of  legacy 
and  succession  tax  laws  to  be  under  advice  and 

oversight  of  assistant  attorney-general    70 

legacy  and  succession  taxes,  personal  notice  to  be 
given    state    treasurer    of    proceeding    which 

may  affect  taxes   70 

legacy  and  succession  taxes,  state  treasurer  may  re- 
quire    production     of     books     to     determine 

liability  to  taxation  and  amount 69 

national   banks    35 

of  street  railways   46 

on  income  derived  from  intangibles  77 

poll  tax,  soldiers'  widows  exempted  from  88 

property  of  municipality  situate  in  another  town 
and  held  for  water  supply,  exempt  from  tax- 
ation if  yielding  no  rent 45 

repeal  of  statutes  authorizing  exemption  of  manu- 
facturing establishments  from   taxation    ....  41 

road  toll  on  fuel  used  on  highways 96 

savings  banks 91 

state  tax  assessed  for  1923  and  1924 90 

transfer    tax    on    non-resident    decedent's    personal 

property 71 

Tax  commission  department,  appropriation  for   170,  175 

may    certify    to    supreme    court    questions    of 
law    arising    under    law    taxing    income    from 

intangibles   82 

Telegraph  Publishing  Company,  appropriation  in  favor  of  ....  202 
Tilton  school,  name  of  trustees  of  the  New  Hampshire  Confer- 
ence Seminary,  etc.,  changed  to 224 

Timber,  exemption  of  growing  timber  from  taxation 83 

Time,  penalty  for  violation  by  municipality  of  law  as  to  stand- 
ard time    125 

Times  Publishing  Company,  appropriation  in  favor  of 202 

Tolls,  road  toll  on  fuel  used  on  highways 96 

Tort  for  injuries  to  personal  property,  contributory  negligence  a 

defense 28 


1923]                                        INDEX.  295 

Town  meeting  legalized,  see  proper  name  of  town. 

Towns,  authority  conferred  on,  to  establish  sewer  commissioners  30 

may  raise  and  appropriate  money  for  support  of  resi- 
dent physician   41 

on  certain  cross-state  highway  to  receive  half  the  cost 

of  improvements   103 

Towns  and  cities,  duty  to  maintain  state-aided  roads 102 

Transportation  of  live  stock  regulated   60 

Treasurer  of  Hillsborough  county,  salary  of  58 

Treasury  department,  appropriation  for 169,  175 

Trees  in  state  house  yard,  appropriation  for  care  of 191 

Trespasses  on  improved  lands  36 

Trust  companies,  capitalization,  amount  of,  dependent  upon  size 

of  town  or  city  42 

Trust,  illegal,  defined 142 

Tuberculosis  patients,  appropriation  for    171,  177 

Tuftonboro,  town  meeting  of  March  13,  1923,  legalized 241 

Tuttle,  Selden  P.,  appropriation  in  favor  of 201 

Uniform  Sales  Act  143 

Unincorporated  places,  permit  fees  for  motor  vehicles  to  per- 
sons in  49 

Union  Leader  Publishing  Company,  appropriation  in  favor  of  202 

University  of  New  Hampshire  established    126 

Veterans'  Association,  appropriation  for  repairs  of  buildings, 

etc.,  at  Weirs    198 

Veterans  exempted  from  taxation 87 

Veterinary  surgeons,  registration  of,  appropriation  for    172,  178 

Village  districts,  authority  conferred  on,  to  establish  sewer  com- 
missioners     30 

Vital  statistics  department,  appropriation  for   172,  178 

Wages  of  state  employees,  when  to  be  paid  bi-weekly 121 

Walton,  Richard  W.,  appropriation  in  favor  of  201 

Warden  of  state  prison,  salary  fixed 121 

Warranty  on  sale  of  goods 147,  148 

Warren,  biennial  election  of  Nov.  7,  1922,  legalized   213 

Washington,  fishing  through  ice  in   Long  Pond  prohibited  for 

five  years 34 

Water  supply,  lake  used  as,  bathing  in,  prohibited 129 

Weapons,  license  to   carry  loaded   weapons,  etc.,   see  pistol   or 

revolver    138 

Webster  birthplace  in  Franklin,  appropriation  for  repair  of . . . .  191 

Weights  and  measures,  department  of,  appropriation  for   171,  177 

Wendell,  Charles  E.,  appropriation  in  favor  of 182,  201 

West  Side  road,  name  changed  to  Dartmouth  College  road 183 

Wheeler,  John  S.,  appropriation  in  favor  of 182 

Wheels,  chaining  of,  on  hills,  prohibited   101 

Whitelock,  Herbert  R.,  appropriation  in  favor  of   201 

Wild  cats,  bounty  on   132 

Will  of  married  women  under  twenty-one  26 


296                                              INDEX.  [1923 

Wires  and  poles,  license  to  public  utility  to  construct,  on  state 

land    22 

Woodcock,  number  to  be  taken  in  one  day  and  in  season  limited  105 
Woodlands,  fires  in,  prevention  of,  by  closing  to  hunters  and 

fishermen 50 

Woodsville,  appropriation  in  favor  of  new  bridge  186 

Woodsville  fire  district,  bonded  indebtedness  of,  increased   ....  245 

Woodsville  Guaranty  Savings  Bank,  charter  amended   231