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

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 '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 '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 '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