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

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LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1935 

LEGISLATURE CONVENED JANUARY 2 
ADJOURNED JUNE 21 




CONCORD, N. H. 
1935 



1935' 



Printed by 
The Record Press, Inc., Rochester, N. H. 

Bound by 
Neal Printing and Binding Co., Dover, N. H. 



STATE OFFICERS 

Governor H. Styles Bridges 

, L. Lynn Cutler 
^Burt R. Cooper 

Councilors <^Alphonse Roy 

JThomas J. Leonard 
' James C. Farmer 

Adjutant-General Charles W. Howard 

Agriculture, Commissioner of Andrew L. Felker 

Bank Commissioner Clyde M. Davis 

Comptroller Milan A. Dickinson 

/ Orton B. Brown 
lAlice S. Harriman 
1 Robert T. Kingsbury 

Education, State Board of ^ James A. Wellman 

jjohn C. Brooks 
/Margaret S. Goodnow 

Commissioner of James N. Pringle 

Fish and Game Department, Director . . Robert H. Stobie 

Forester, State John H. Foster 

( W. Robinson Brown 
Forestry and Recreation Commission \ Benjamin K. Ayers 

f Harry K. Rogers 

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

Hightvay Commissioner Frederic E. Everett 

Insurance Commissioner John E. Sullivan 

Labor Commissioner John S. B. Davie 

State Board of Conciliation and i John R. McLane 

Arbitration I Walter F. Duffy 

( Karl E. Merrill 

Librarian, State Thelma Brackett 

I Bernard B. Chase 

Liquor Commission, State -> Wm. H. Marcotte, Jr. 

( F. Clyde Keefe 

Motor Vehicles, Commissioner of John F. Griffin 



iv State Officers 

Planning and Development, State 

Managing Director Charles F. Bo wen 

Publicity Director Donald D. Tuttle 

i Nelson L. Smith 

Public Service Commission \ William H. Barry 

( Claude H. Swain 

Purchasing Agent Harold Cheney 

Secretary of State Enoch D. Fuller 

Deputy Harry E. Jackson 

( John R. Spring 

Tax Commission, State -j John T. Amey 

( John G. Marston 

Treasurer, State Charles T. Patten 

Deputy F. Gordon Kimball 

Weights and Measures, Commissioner 
of Walter G. White 

Welfare and Relief 

Director of Welfare Jay H. Corliss 

Director of Relief Henry T. Turner 

SUPREME COURT 

Chief Justice John E. Allen 

(Thomas L. Marble 

Associate Justices ^^^ef Woodbu?;' 

(Elwin L. Page 

Attorney-General 

Assistant Dudley W. Orr 

State Reporter Crawford D. Hening 

Clerk of the Supreme Court George O. Shovan 

SUPERIOR COURT 

Chief Justice William H. Sawyer 

/Henri A. Burque 
\Oscar L. Young 

Associate Justices {Warren W. James 

i H. Thornton Lorimer 
' Francis W. Johnston 



THE LEGISLATURE OF 1935 



SENATE 



President — Charles M. Dale, Portsmouth. 
Clerk — Benjamin F. Greer, Grasmere. 
Assistant Clerk — Frank M. Ayer, Alton. 
Sergeant-at-Arms — Raymond B. Lakeman, Laconia. 
Messenger — Benjamin H. Bragg, Alstead. 
Assistant Messenger — Martin C. Ryan, Laconia. 
Doorkeeper — William W. Allen, Concord. 



Emmet J. Kelley, Berlin, d. 
George D. Roberts, Jefferson, r. 
Clarence L. Bailey, Haverhill, r. 
Ansel N. Sanborn, Wakefield, r. 
Harry Manson, Lebanon, r. 
Maurice G. Wiley, Laconia, r. 
Anson C. Alexander, Boscawen, r 
John J. Condon, Newport, d. 
Charles F. Butler, Hillsborough, r 
George F. Knowlton, Keene, r. 
Winf red C. Burbank, Winchester, r 
Eliot Avery Carter, Nashua, r. 



SENATORS 

Honore E. Bouthillier, Nashua, d. 
John G. Marston, Allenstown, d. 
Donald McLeod, Concord, r. 
Wm. F. Harrington, Manchester, r. 
John E. Barrett, Manchester, d. 
John A. Foley, Manchester, d. 
Aime Martel, Manchester, d. 
Haven Doe, Somersworth, d. 
Austin L. Calef , Barrington, d. 
William M. Cole, Derry, r. 
Arthur W.Brown, Hampton Falls, r. 
Charles M. Dale, Portsmouth, r. 



HOUSE OF REPRESENTATIVES 

Speaker — Amos N. Blandin, Bath, d. 
Clerk — Harrie M. Young, Manchester, r. 
Assistant Clerk — Cyril J. Fretwell, Concord, r. 
Sergeant-at-Arms — Guy S. Neal, Acworth, r. 
Chaplain — Rev. Daniel M. Welch, Andover. 
Reading Clerk — Robert W. Pingree, Berlin, d. 
Doorkeeper — Arthur A. Tilton, Laconia, r. 
Doorkeeper — Harry S. Yeaton, New Castle, r. 
Doorkeeper — John P. Metcalf, Piermont, r. 
Doorkeeper — Lenne C. Twombly, Hill, r. 

ROCKINGHAM COUNTY 



Auburn, Henry F. Dagan, d. 
Brentwood, John W. Stevens, r. 
Candia, Milton R. Stevens, r. 
Chester, George L. Fitts, r. 
Deerfield, Carl M. Fogg, d. 
Derry, Ernest L. Abbott, r. 

George Moody Currier, r. 

Oliver H. Hepworth, r. 



Walter A. Pillsbury, r. 
East Kingston, Alvin E. Foss, r. 
Epping, Jerry L. Thayer, d. 
Exeter, Corning Benton, r. 

Frank M. Cilley, r. 

Charles C. Russell, r. 

Reginald C. Stevenson, r. 
Fremont, Austin E. Carlton, r. 



VI 



The Legislature of 1935 



Rockingham County — Continued 
Greenland, Thomas J. Brackett, r. 
Hampstead, A din S. Little, r. 
Hampton, Herbert Perkins, r. 
Hampton Falls, Louis B. Janvrii\, r. 
Kingston, James A. Lyford, d. 
Londonderry, Wesley Adams, r. 
Newfields, Thomas R. Sheehy, d. 
Newington, Frederick M. Pickering, d. 
Newmarket, Leo J. Turcotte, d. 

Jonathan Walker, d. 
Newton, Arthur Ralph Estabrook, r. 
North Hampton, Irving W. Marston,r. 
Northwood, William F. Mudge, r. 
Plaistow, J. William Peaslee, r. 
Portsmouth, 

Ward 1, Andrew J. Barrett, d. 
Mary C. Dondero, d. 
Patrick J. Kittredge, d. 



Ward 2, Charles A, Allen, r. 
Richard G. Pray, r. 
Fred Garland Tucker, r. 
John H. Yeaton, r. 
Ward 3, Timothy J. Buckley, d. 

James R. McNeil, d. 
Ward 4, Simon P. Harmon, r. 
Ward 5, Walter S. Abbott, r. 
William T. Rose, r. 
Raymo7id, Roger E. Eliot, d. 
Rye, Walter G. Marston, r, 
Salem, Carl Manor, r. 

Leonard B. Peever, r. 
Seabrook, Elihu T. Adams, r. 
South Hampton, Rufus B. Floyd, r. 
Stratham, Marshall S. Chase, r. 
Windham, Bessie Emerson, r. 



STRAFFORD COUNTY 



Barrington, Clarence B. Locke, d. 
Dover, 

Ward 1, Fred Coffin*, r. 

Thomas H. Keenan, r. 
Albert J. Pomerleau, d. 
Ward 2, Philias J. Chabot, d. 
Patrick J. Durkin, d. 
William F. Howard, d. 
Ward S, George W. Garland, r. 
Haldimand W. Neal, r. 
Ward U, Carroll E. Hall, d. 

Francis Clyde Keefe, d. 
Dennis M. McDonough, d. 
Ward 5, Edward Durnin, d. 
Durham, Oren V. Henderson, r. 
Farmington, William E. Gelinas, d. 
Ernest E. Lefavour, d. 
Madbury, John S. Elliott, d. 
Milton, Stanley C. Tanner, d. 



Rochester, 

Ward 1, Thomas H. Gotts, d. 
Ward 2, Dennis E. Brennan, d. 
George Y. Emerson, r. 
Ward 3, Rudolph G. Cartier, d. 
Ward U, Louis S. Bergeron, d. 

Hervey E. Turcotte, d. 
Ward 5, Spencer Dickinson, d. 
W^ard 6, Sara E. Greenfield, r. 
Ralph F. Seavey, r. 
Rollinsford, John M. Tighe, r. 
Somersworth, 

Ward 1, Placide J. Lagueux, d. 
Ward 2, John R. Hodsdon, d. 
Ward 3, Alfred J. Boucher, d. 
Ward It, Frank Deschenes, d. 

Edw. L. Flanagan, d. 
Ward 5, Thomas P. Robinson, d. 
Strafford, William J. Elson, r. 



BELKNAP COUNTY 



Alton, Oe Varney, d. 
Barnstead, Harry E. Little, r. 
Belmont, Fred H. Piper, r. 
Gilford, Perry E. Hunt, r. 
Gilmanton, Ralph G. Page, r. 



* Died. 



Laconia, 

Ward 1, Dana S. Beane, d. 

James B. Dodge, d. 
Ward 2, Alfred L. Guay, d. 

Thomas J. Guay*, d. 
Ward 3, Michael J. Carroll, d. 
Ward 4, Oscar L. Hoyt, r. 

George C. Stafford, r. 



The Legislature of 1935 



vu 



Belknap County — Continued 
Laconia — Continued 

Ward 5, Alfred J. Cantin, d. 
Arthur R. Merrill, r. 
Ward 6, Charles H. Dow, r. 

Charles L. Simpson, d. 



Meredith, Edward S. Gordon, d. 

William J. Neal, d. 
New Hampton, 

Frank C. Plastridge, r. 
Sanbomton, John S. Wallis, r. 
Tilton, Arthur K. Smart, d. 



CARROLL COUNTY 



Bartlett, Scott C. W. Simpson, r. 
Comvay, Burnham B. Davis, r. 

Perley W. Mudgett, r. 

George W. Russell, r. 
Effingham, John G. Thompson, r. 
Jackson, Arthur P. Gale, r. 
Madison, Geoi'ge A. Lyman, ind. 
Moultonhorough, Chas. W. Banfield, r, 



Ossipee, Mark H. Winkley, r. 
Sandwich, Charles B. Hoyt, r. 
Tamworth, Charles B. Weeks, d. 
Tuftonboro, Frank Hilliard, r. 
Wakefield, Alden N. Young, r. 
Wolfeboro, Stephen W. Clow, r. 
Harold H, Hart, r. 



MERRIMACK COUNTY 



Allenstown, Alcide Courtemanche, d. 
Andover, Oliver H. Munroe, r. 
Boscawen, Frank L. Reardon, r. 
Bow, Ernest W. Morgan, d. 
Bradford, Paul W. Danforth, r. 
Canterbury, William C. Tallman, d. 
Chichester, John L. T. Shaw, r. 
Concord, 

Ward 1, Charles P. Coakley, d. 

Harry W. Matott, d. 
Ward 2, George O. Robinson, r. 
Ward 3, George W. Kemp, r. 
Ward Jf, Robert O. Blood, r. 

Arthur J. Boutwell, r. 
Paul Amos Mansur, r. 
Ward 5, Harold H. Blake, r. 
Edward A. Dame, r. 
Ward 6, George H. Nash, r. 

Donald W. Saltmarsh, r. 
Arthur F. Sturtevant, r. 
John C. Tilton, r. 
Wai'd 7, Shirley Brunei, r. 

Allen M. Freeman, r. 
George Azro Maxham, r. 
Craig Wylie, r. 
Ward 8, William A. Lee, d. 



Ward 9, William J. Ahern, d. 
Thomas F. Donovan, d. 
Danbury, Stephen J, Ford, d. 
Dunbarion, Francis H. Buffum, r. 
Epsom, Edward B. Demers, d. 
Franklin, 

Ward 1, Donald J. Piper, d. 
Ward 2, Emile Carignan, d. 

Eusebe P. Lemire, d. 
Ward 3, Charles H. Bean, Jr., r. 
John Patrick Dempsey, d. 
Henniker, Fred A. Peaslee, r. 
Hooksett, Ephrem Lafond, d. 
Robert H. Stobie, r. 
Hopkinton, John S. Ball, r. 
Loudon, Charles L. Merrill, r. 
Newbury, Oscar A. Colburn, d. 
New Loyidon, Chas. E. Shepard, d. 
Northfield, Dixon F. Vancore, r. 
Pembroke, Euclide Turgeon, d. 

Foster G. Warren, d. 
Pittsfield, John H. Perkins, d. 

Robt. H. Sanderson, d. 
Salisbury, Burton F. Sanborn, d. 
Sutton, William B. Connor, r. 
Warner, Alfred S. Cloues, r. 
Wiirnot, Ernest Howard, d. 



Vlll 



The Legislature of 1935 



HILLSBOROUGH COUNTY 



Amherst, Benjamin F. McNamee, r. 
Antrim, Erwin D. Putnam, r. 
Bedford, Albert C. Hodgman, d. 
Bennington, Arthur J. Pierce, r. 
Brookline, James Herbert Gilson, d 
Deering, Leroy H. Locke, d. 
Francestown, Joseph H. Chandler, r 
Goffstotvn, Clarence J. Avery, r. 

R. Robert Matheson, r. 
William Sym, r. 
Greenville, Bernadette E. Charois, d 
Hancock, Wendell D. Crowell, r. 
Hillsborough, George W. Boynton, r. 

Bert L. Craine, r. 
Hollis, Henry A. Wilson, r. 
Hudson, Fred T. Goodwin, r. 
Arthur W. Smith, r. 
Litchfield, John A. Reid, r. 
Manchester, 

Ward -?, Joel S. Daniels, Sr., r. 
Dana A. Emery, r. 
Edward T. Knowlton, r. 
Allan M. Wilson, r. 
Ward 2, Charles Henry Barnard, r. 
Harry W. Bergholtz, r. 
Perley W. Gage, r. 
Kenneth F. Graf, r. 
Wendell M. Mclntire, r. 
Ward 3, John J. Barry, d. 

Michael J. Dwyer, d. 
John J. O'Reilly, Jr., d. 
Michael A. Talty, d. 
Jeremiah J. Tobin, d. 
Ward U, James K. Clougherty, d. 
William W. Corey, d. 
William J. Fitzgerald, d. 
Denis F. Mahoney, d. 
Ward 5, Stanley Joseph Betley, d 
William F. Clancy, d. 
Patrick J. Creighton, d. 
George T. Healy, d. 
Martin L. Mahoney, d. 
John C. O'Brien, d. 
Patrick J. Sweeney, d. 
Ward 6, William J. Booth, d. 
John G. Clancy, d. 
Arthur J. Connelly, d. 
Daniel F. Healy, d. 



John P. Jordan, d. 
John Joseph Sullivan, d. 
Ward 7, Zoel F. Charland, d. 
Francis X. Cote, d. 
Francis A. Farrell, d. 
Alcide R. Gagnon, d. 
Alphee J. Peloquin, d. 
Gedeon A. Turcotte, d. 
Ward 8, Joseph A. Bernier, d. 
Frank J. Bolton, d. 
Edw. F. Bouthiette, d. 
Joseph O. Gelinas, r. 
Martin Holleran, d. 
Peter J. McDonough, d. 
J. Vincent Moran, d. 
Walter J. T. Richard, d. 
Ward 9, John F. Driscoll, d. 
Timothy F. Hayes, d. 
Alfred H. Lavallee, d. 
Ward 10, Frawcis, L. Gallagher, d. 
Philippe Gaudreault, d. 
Oscar E. Getz, Sr., d. 
John J. Kearns, d. 
Ward 11, Bernard t. McLaugh- 
lin, d. 
Elmer D. Roukey, d. 
Frank H. Sweeney, d. 
Henry J. Van Vliet, d. 
Ward 12, Joseph P. Aubin, d. 
Arthur Blanchette, d. 
Geo. E. Desruisseaux, d. 
Alpha J. Letendre, d. 
Louis J. Soucy, d. 
Ward 13, Horace Brouillette, d. 
J. Felix Daniel, d. 
Thomas Ladouceur, d. 
Lucien G. Lambert, d. 
Wilfred S. Lariviere, d. 
Mason, Charles L. Barnes, r. 
Merrimack, Claude M. Maker, r. 
Milford, Gertrude N. Howison, r. 
Fred T. Wadleigh, r. 
William Weston, r. 
Mont Vernon, Willard P. Woods, d. 
Nashua, 

Ward 1, Stephen W. Bastow, r. 
William J. Fowell, r. 
Ovid F. Winslow, r. 
Charles I. Woodbury, r. 



The Legislature of 1935 



IX 



Hillsborough County — Continued 
Nashua — Continued 

Ward 2, George E. Danforth, r. 

Wilbrod E. Francoeur, r. 
Ward 3, John E. Bernard, d. 

Frank Boilard, d. 

John Letendre, d. 
Ward U, John C. Barry, d. 

John D. Dugan, d. 
Ward 5, Abraham J. Charbonneau, 
d. 

Henry A. Dion, d. 

Albert Maynard, d. 
Ward 6, Amedee W. Fournier, d. 

Paul A. Moran, d. 

Theodore O. Ravenelle, d. 



Ward 7, Thomas W. Hough, d. 
Gerax'd R. Lavigne, d. 
William F. Maddox, Jr., d. 
Ward 8, Arthur O. Burque, d. 
Rodolphe Cormier, d. 
James H. Glynn, d. 
William A. Molloy, d. 
Ward 9, Paul E. Bouthillier, d. 
Roland R. Desmarais, d. 
New Boston, Charles E. Baker, r. 
New Ipswich, Wm. T. Thompson, r. 
Pel ham, Albert H, Jones, d. 
Peterborough, Geo. D. Cummings, r. 
Forrest C. Mercer r. 
Wcare, Frank H. Peaslee, r. 
Wilton, Philip C. Heald, r. 



CHESHIRE COUNTY 



Alstead, Henry LeRoy Estabrook, r. 
Chesterfield, Ralph C. Chickering, r. 
Dublin, Arthur T. Appleton, r. 
Fitzwilliam, Julius H. Firmin, r. 
Gilsum, William B. Hanson, r. 
Harrisville, John N. Clark, r. 
Hinsdale, Walker S. Kimball, r. 
Jaffrey, Lester F. Hammond, r. 

James B. Perry, r. 
Keene, 

Ward 1, William J. Callahan, r. 

William E. Hetherman, d. 
Jerry Keating, d. 
John F. Shea, d. 
Ward 2, Forrest W. Hall, r. 
William E. Jones, r. 
Ward 3, Wilder F. Gates, r. 
Cowling Hilton, r. 



Ward U, Marquis 0. Spaulding, r. 
Clarence A. Wardwell, r. 
Ward 5, Carl D. Roche, d. 
John E. White*, d. 
Marlborough, Leon E. Wiswall, r. 
Marlotv, Fred G. Huntley, r. 
Richmond, Stephen A. Bullock, d. 
Rindge, Harris H. Rice, r. 
Swanzey, William R. Granger, r. 

Herman H. Perry, d. 
Troy, Don W. Randall, r. 
Walpole, John W. Graves, d. 
Donald J. Kiniry, d. 
Westmoreland, Glenn E. Britton, r. 
Winchester, Eli J. Horner, r. 

Arthur P. Read, r. 



SULLIVAN COUNTY 



Charlestown, Charles S. Hutchins, r. 
Claremont, Herbert C. Chandler, d. 

James D. Daly, d. 

Clarence B. Etsler, r. 

Morris M. Freeman*, d. 

E. Earl Hosking, d. 

Albert D. Leahy, r. 

Erwin W. Quimby, d. 



Albert Stetson, d. 

Edwin A. Thomas, d. 

William L. Gaffney, d. 
Cornish, Eben M. Johnson, r. 
Croydon, Asa D. Cutting, r. 
Grantham, Wilfred A. Reney, r. 
Lempster, Fred A. Barton, r. 



*Died. 



The Legislature of 1935 



Sullivan County — Continued 
Newport, Elsie Cora Bailey, d. 

Maurice H. Cummings, d. 
Maurice J. Downing, d. 
Tharon I. Farmer, d. 



Plainfield, Palmer C. Read, r. 
Sunapee, Leo L. Osborne, d. 
Unity, George B. Cram, d. 
Washington, Chas. H. Emerson, r. 



GRAFTON COUNTY 



Ashland, Sheldon E. Ellis, d. 
Bath, Amos N. Blandin, d. 
Benton, Walter J. Yeaton, r. 
Bethlehem, Harry A. Goodwin, d. 
Bristol, Willard S. H. Remick, r. 
Campion, Lester E. Mitchell, r. 
Canaan, Joseph L. Graham, r. 
Easton, Oliver L. Bowles, d. 
Enfield, Val M. Hardy, r. 
Franconia, Arthur W. Sawyer, r. 
Grafton, Clinton S. Williams, d. 
Hanover, Alfred W. Guyer, r. 

Edgar Hayes Hunter, r. 

Robert J. Putnam, r. 
Haverhill, Frank N. Keyser, r. 
Herbert C. Merrill, r. 
Rhett R, Scruggs, r. 
Holdemess, Mark K. Marden, r. 
Lebanon, Roy C. Hathorn, r. 

Florence Ward Hoyt, r. 



Fred A, Jones, d. 
Thomas J. McNamara, d. 
Ralph N. Millen, r. 
Joseph B. Perley, r. 
Lincohi, James A. Legassie, Sr., d. 
Lisbon, William E. Bishop, r. 
Dwight H. Parker, r. 
Littleton, William A. Astle, r. 
Herbert S. Lewis, r. 
Charles E. Magoon, r. 
George R. Simpson, r. 
Lyman, Anthony Burgault, d. 
Lyme, David A. Grant, r. 
Orford, Edgar C. Lufkin, r. 
Plymouth, Richard J. McLean, r. 

Harry A. Merrill, d. 
Rumney, William G. Cook, r. 
Warren, Chester B. Averill, r. 
Woodstock, Harry D. Sawyer, d. 



COOS COUNTY 



Berlin, 

Ward 1, John F. Bagley, d. 

Margaret H. Barden, d. 
Joseph Fred Bell, d. 
Elisabeth H. Mason, d. 
Henry A. Smith, d. 
Ward 2, Harry L. Henderson, d. 
Norma T, Ordway, d. 
Albert G. Palmer, d. 
Harold C. Sullivan, d. 
Ward 3, Hilda C. F. Brungot, r. 
Otto J. A. Dahl, r. 
Albert E. Martel, r. 
Ward 4, Esther C. Bixby, d. 

Alphonsine M. Dugas, d. 
Patrick L. Dutil, d. 
Letitia Jane Myler, d. 
Colebrook, Darwin Lombard, d. 
Louis Ramsay, r. 



Columbia, Lynn M. Gray, r. 
Dalton, Ernest E. Whitcomb, d. 
Dummer, Bessie G. Stiles, r. 
Gorham, Charles A. Chandler, d. 

Merton M. Willis, r. 
Jejjerson, George W. Towle, r. 
Lancaster, Lula J. A. Morris, r. 
Wm. H. Thompson, r. 
Milan, Frank M. Hancock, d. 
Northumberland, 

George William Cole, r. 

Clarence A. Marshall, d. 
Pittsburg, Willie N. Judd, d. 
Stark, George J. Phelan, r. 
Stewantstown, Albert L. Fuller, r, 
Stra,tford, Edward B. Fuller, d. 
Whitefield, George W. Whitcher, r. 



LAWS 

OF THE 

•STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1935 



CHAPTER 1. 

AN ACT RELATING TO THE EMERGENCY RELIEF ADMINISTRATION. 



Section 

4. Reimbursement. 

5. Takes effect. 



Section 

1. Authority given. 

2. Appropriation. 

3. Notes authorized. 

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

1. Authority Given. The governor and council are hereby 
authorized to pay all bills now due and which were contracted 
by the director of poor relief under the provisions of chapter 
160 of the Laws of 1933, to make all adjustments between 
towns and cities and counties relative to the liability of each 
for reimbursements to the state of sums already paid out for 
the poor of such towns, cities or counties, which adjustments 
shall be final, and to do all necessary acts to wind up and liq- 
uidate the affairs of the emergency relief administration as set 
up by the before mentioned act, and for these purposes are 
authorized to employ such agent or agents as may be neces- 
sary. The governor and council shall determine the amount 
for which each town, city and county is liable to the state un- 
der the provisions of said act and shall collect said sums from 
said towns, cities and counties. 

2. Appropriation. The sum of four hundred thousand dol- 
lars ($400,000) is hereby appropriated for the purposes speci- 
fied in section 1 of this act. 

3. Notes Authorized. In order to provide the funds for 
the appropriation made in the preceding section the state 
treasurer is hereby authorized to borrow upon short-time 
notes of the state such sums, not exceeding in all four hundred 
thousand dollars, as the governor and council may from time 
to time approve. The proceeds of the sale of said notes shall 



2 Chapter 2 [1935 

be held by the state treasurer in a special fund from which 
the governor is authorized to draw his warrants for the here- 
inbefore mentioned purposes only. Said notes may be ex- 
tended, or refunded by other short-time notes. The time and 
place of payment of all short-time notes, their denominations, 
the rate and times of interest payment thereon, their form, 
the manner of their sale and the prices at which they shall be 
sold, shall be approved by the governor and council. 

4. Reimbursement. The state treasurer shall credit to 
said special fund all reimbursements which the governor and 
council shall collect from the towns, cities and counties under 
the provisions of section 1 hereof, which shall be held for the 
payment of the notes herein authorized. Any balance remain- 
ing in said special fund after the purposes of this act have 
been completed and the notes have been paid shall be paid in- 
to the general funds of the state. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved January 9, 1935.] 



CHAPTER 2. 

AN ACT RELATING TO AN EXTENDED USE OF 1934, 1935 AND 1936 
NUMBER PLATES ON MOTOR VEHICLES. 



Section 

3. Takes effect. 



Section 

1. Motor vehicle number plates. 

2. Laws suspended. 

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

1. Motor Vehicle Number Plates. For the period from 
January first to April first, inclusive, 1935, the owner of a mo- 
tor vehicle which has been properly registered in accordance 
with the provisions of chapter 100 of the Public Laws for the 
year 1934 may display on said motor vehicle, in the manner 
provided for by law, said 1934 number plates in place of the 
number plates then in use ; for the period from January first 
to April first, inclusive, 1936, the owner of a motor vehicle 
which has been properly registered in accordance with the 
provisions of chapter 100 of the Public Laws for the year 1935 
may display on said motor vehicle, in the manner provided for 
by law, said 1935 number plates in place of the number plates 
then in use; and for the period from January first to April 



1935] Chapter 3 3 

first, inclusive, 1937, the owner of a motor vehicle which has 
been properly registered in accordance with the provisions of 
chapter 100 of the Public Laws for the year 1936 may display 
on said motor vehicle, in the manner provided for by law, said 
1936 number plates in place of the number plates then in use. 
Such motor vehicles displaying such number plates shall be 
deemed to be properly registered for the periods ending April 
first, 1935, April first, 1936 and April first, 1937. 

2. Laws Suspended. Such parts of section 2 of chapter 
103 of the Public Laws, as amended by chapter 76 of the Laws 
of 1927, and any other provisions of law as are inconsistent 
with the provisions of the preceding section are hereby sus- 
pended during the periods covered by this act. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved January 15, 1935.] 



CHAPTER 3. 

AN ACT EXTENDING THE PROVISIONS OF THE EMERGENCY ACT 

RELATIVE TO ATTACHMENT, EXECUTION SALE AND 

MORTGAGE FORECLOSURE. 

Section I Section 

1. Time extended. | 2. Takes effect. 

Be it eyiacted by the Senate and House of Representatives in 

General Court convened: 

1. Time Extended. Amend section 24 of chapter 161 of 
the Laws of 1933 by striking out the word "two" in the second 
line and inserting in place thereof the word, four, so that said 
section as amended shall read as follows: 24. Takes Ef- 
fect. This act shall take effect from its passage and termi- 
nate not later than four years thereafter, unless previously 
terminated as provided for in the preceding section. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 7, 1935.] 



Section 

3. Takes effect. 



4 Chapter 4 [1935 

CHAPTER 4. 

AN ACT TO ESTABLISH A NEW APPORTIONMENT FOR THE ASSESS- 
MENT OF PUBLIC TAXES. 

Section 

1. Apportionment. 

2. Limitation. 

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

1. Apportionment. That of every thousand dollars of 
public taxes hereafter 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, $110.81 

Atkinson, seventy-five cents $0.75 

Auburn, one dollar and twenty-four cents 1.24 

Brentwood, seventy-nine cents .79 

Candia, one dollar and thirty-three cents . 1.33 

Chester, one dollar and twenty-eight cents 1.28 

Danville, fifty-eight cents .58 

Deerfield, one dollar and one cent 1.01 

Derry, nine dollars and nine cents 9.09 

East Kingston, fifty-three cents .53 

Epping, one dollar and ninety-seven cents 1.97 

Exeter, twelve dollars and thirty-four cents 12.34 

Fremont, one dollar 1.00 

Greenland, eighty-seven cents .87 

Hampstead, one dollar and twenty-seven cents .... 1.27 

Hampton, eight dollars and twenty-nine cents 8.29 

Hampton Falls, one dollar and seventeen cents .... 1.17 

Kensington, sixty-three cents .63 

Kingston, one dollar and thirty-one cents 1.31 

Londonderry, two dollars and twelve cents 2.12 

New Castle, one dollar and fourteen cents 1.14 

Newfields, sixty-four cents .64 

Newington, seventy-four cents .74 

Newmarket, two dollars and thirty-nine cents .... 2.39 

Newton, ninety-eight cents .98 

North Hampton, three dollars and fourteen cents . . 3.14 

Northwood, one dollar and forty-one cents 1.41 

Nottingham, eighty-seven cents .87 



1935] Chapter 4 5 

Plaistow, one dollar and fifty-seven cents $1.57 

Portsmouth, thirty-four dollars and twenty-five cents 34.25 

Raymond, one dollar and eighty-nine cents 1.89 

Rye, four dollars and forty-nine cents 4.49 

Salem, four dollars and seventy-three cents 4.73 

Sandown, thirty-nine cents .39 

Seabrook, one dollar and forty cents 1.40 

South Hampton, forty-one cents .41 

Stratham, one dollar and twelve cents 1.12 

Windham, one dollar and sixty-eight cents 1.68 

Strafford County, $74.30 

Barrington, one dollar and twenty-eight cents $1.28 

Dover, twenty-nine dollars and fifty-five cents .... 29.55 

Durham, three dollars and nineteen cents 3.19 

Farmington, three dollars and seventy-four cents . . 3.74 

Lee, seventy-five cents .75 

Madbury, sixty-six cents .66 

Middleton, seventeen cents .17 

Milton, two dollars and ninety cents 2.90 

New Durham, seventy-three cents .73 

Rochester, eighteen dollars and eighty cents 18.80 

Rollinsford, two dollars and fifty-two cents 2.52 

Somersworth, eight dollars and eighty-nine cents . . 8.89 

Strafford, one dollar and twelve cents 1.12 

Belknap County, $48.92 

Alton, three dollars and twenty-two cents $3.22 

Barnstead, one dollar and twenty-five cents 1.25 

Belmont, one dollar and sixty-two cents 1.62 

Center Harbor, one dollar and forty-two cents .... 1.42 

Gilford, two dollars and twenty-seven cents 2.27 

Gilmanton, one dollar and twenty-six cents 1.26 

Laconia, twenty-four dollars and ninety-eight cents 24.98 

Meredith, four dollars and sixty-seven cents 4.67 

New Hampton, two dollars and forty-nine cents .... 2.49 

Sanbornton, one dollar and thirty-eight cents 1.38 

Tilton, four dollars and thirty-six cents 4.36 

Carroll County, $32.95 

Albany, thirty cents $0.30 

Bartlett, one dollar and sixty-seven cents 1.67 



6 Chapter 4 [1935 

Brookfield, forty-one cents $0.41 

Chatham, forty cents .40 

Conway, five dollars and thirty-three cents 5.33 

Eaton, thirty-five cents .35 

Effingham, fifty-six cents .56 

Freedom, eighty-two cents ,82 

Hart's Location, twelve cents .12 

Jackson, one dollar and ten cents 1.10 

Madison, eighty-nine cents .89 

Moultonborough, three dollars and twenty-five cents 3.25 

Ossipee, two dollars and forty-two cents 2.42 

Sandwich, two dollars and forty-one cents 2.41 

Tamworth, two dollars and twenty-two cents 2.22 

Tuftonboro, one dollar and ninety-seven cents 1.97 

Wakefield, two dollars and forty-nine cents 2.49 

Wolfeboro, six dollars and twenty-four cents 6.24 

Merrimack County, $129.57 

Allenstown, two dollars and twenty-six cents $2.26 

Andover, two dollars and fifty-seven cents 2.57 

Boscawen, two dollars and forty cents 2.40 

Bow, two dollars and thirty-six cents 2.36 

Bradford, one dollar and forty-eight cents 1.48 

Canterbury, one dollar and eleven cents 1.11 

Chichester, one dollar and eight cents 1.08 

Concord, sixty-six dollars and ninety-five cents .... 66.95 

Danbury, eighty-one cents .81 

Dunbarton, ninety-five cents .95 

Epsom, one dollar and sixty cents 1.60 

Franklin, twelve dollars and ninety-two cents 12.92 

Henniker, two dollars and seventy-two cents 2.72 

Hill, one dollar and nine cents 1.09 

Hooksett, three dollars and seven cents 3.07 

Hopkinton, three dollars and fifty-one cents 3.51 

Loudon, one dollar and thirty-seven cents 1.37 

Newbury, one dollar and ninety-six cents 1.96 

New London, three dollars and seventeen cents .... 3.17 

Northfield, two dollars and six cents 2.06 

Pembroke, four dollars and thirty-four cents 4.34 

Pittsfield, three dollars and eighty-seven cents .... 3.87 

Salisbury, ninety-two cents .92 

Sutton, one dollar and seventeen cents 1.17 



1935] Chapter 4 7 

Warner, two dollars and twenty cents $2.20 

Webster, ninety-seven cents .97 

Wilmot, sixty-six cents .66 

Hillsborough County, $304.77 

Amherst, two dollars and twenty-three cents $2.23 

Antrim, two dollars and twenty-seven cents 2.27 

Bedford, two dollars and seventy-nine cents 2.79 

Bennington, one dollar and fifty-seven cents 1.57 

Brookline, ninety-three cents .93 

Deering, sixty-seven cents .67 

Francestown, eighty-seven cents .87 

Goffstown, six dollars and eighty-one cents 6.81 

Greenfield, ninety-six cents .96 

Greenville, two dollars and forty-seven cents 2.47 

Hancock, one dollar and sixty-two cents 1.62 

Hillsborough, four dollars and sixty-one cents .... 4.61 

Hollis, one dollar and seventy-three cents 1.73 

Hudson, three dollars and thirty-nine cents 3.39 

Litchfield, seventy-eight cents .78 

Lyndeborough, one dollar and four cents 1.04 

Manchester, one hundred seventy-six dollars and 

twenty-two cents 176.22 

Mason, forty-four cents .44 

Merrimack, two dollars and forty-eight cents 2.48 

Milford, eight dollars and nineteen cents 8.19 

Mont Vernon, eighty-one cents .81 

Nashua, sixty-three dollars and ninety-six cents . . 63.96 

New Boston, one dollar and fifty-two cents 1.52 

New Ipswich, one dollar and forty-six cents 1.46 

Pelham, one dollar and forty-four cents 1.44 

Peterborough, seven dollars and four cents 7.04 

Sharon, twenty-six cents .26 

Temple, forty-four cents .44 

Weare, two dollars and thirty-six cents 2.36 

Wilton, three dollars and thirty-three cents 3.33 

Windsor, eight cents .08 

Cheshire County, $71.02 

Alstead, one dollar and eighteen cents $1.18 

Chesterfield, one dollar and ninety-four cents 1.94 

Dublin, three dollars and ten cents 3.10 



8 Chapter 4 [1935 

Fitzwilliam, one dollar and thirty-three cents $1.33 

Gilsum, forty-five cents .45 

Harrisville, one dollar and forty-five cents 1.45 

Hinsdale, five dollars and nineteen cents 5.19 

Jaffrey, six dollars and ten cents 6.10 

Keene, twenty-nine dollars and twenty-seven cents . 29.27 

Marlborough, two dollars and fifteen cents 2.15 

Marlow, forty-five cents .45 

Nelson, fifty-four cents .54 

Richmond, forty-five cents .45 

Rindge, one dollar and seventy-nine cents 1.79 

Roxbury, nineteen cents .19 

Stoddard, seventy-one cents .71 

Sullivan, thirty-one cents .31 

Surry, fifty-two cents .52 

Swanzey, two dollars and forty-five cents 2.45 

Troy, one dollar and sixty-five cents 1.65 

Walpole, five dollars and sixty cents 5.60 

Westmoreland, eighty-six cents .86 

Winchester, three dollars and thirty-four cents .... 3.34 

Sullivan County, $44.36 

Acworth, fifty-five cents $0.55 

Charlestown, two dollars and seventy-eight cents . . 2.78 

Claremont, twenty-two dollars and sixty-one cents . . 22.61 

Cornish, one dollar and fifty-eight cents 1.58 

Croydon, sixty-five cents .65 

Goshen, thirty-two cents .32 

Grantham, thirty-five cents .35 

Langdon, thirty-four cents .34 

Lempster, thirty-five cents .35 

Newport, eight dollars and eight cents 8.08 

Plainfield, one dollar and forty-five cents 1.45 

Springfield, sixty-six cents .66 

Sunapee, three dollars and forty cents 3.40 

Unity, fifty-one cents .51 

Washington, seventy-three cents .73 

Grafton County, $106.26 

Alexandria, eighty cents $0.80 

Ashland, two dollars and ninety-six cents 2.96 

Bath, one dollar and forty-nine cents 1.49 



1935] Chapter 4 9 

Benton, twenty-seven cents $0.27 

Bethlehem, Ifive dollars and twenty-four cents .... 5.24 

Bridgewater, ninety-four cents ,94 

Bristol, four dollars and fifty-nine cents 4.59 

Campton, two dollars and eighteen cents 2.18 

Canaan, two dollars and eleven cents 2.11 

Dorchester, thirty-seven cents .37 

Easton, twenty-three cents .23 

Ellsworth, six cents .06 

Enfield, two dollars and forty cents 2.40 

Franconia, one dollar and seventy-three cents .... 1.73 

Grafton, ninety-one cents .91 

Groton, seventy-eight cents .78 

Hanover, nine dollars and sixty-seven cents 9.67 

Haverhill, six dollars and seventy-nine cents 6.79 

Hebron, eighty-nine cents .89 

Holderness, two dollars and ninety-three cents .... 2.93 

Landaff , fifty-five cents .55 

Lebanon, thirteen dollars and fifteen cents 13.15 

Lincoln, two dollars and eight cents 2.08 

Lisbon, five dollars and eighteen cents 5.18 

Littleton, eight dollars and seventy cents 8.70 

Livermore, thirty-eight cents .38 

Lyman, fifty cents .50 

Lyme, one doMar and forty-six cents 1.46 

Monroe, thirteen dollars and seven cents 13.07 

Orange, twenty cents .20 

Orford, one dollar and twenty-three cents 1.23 

Piermont, one dollar and four cents 1.04 

Plymouth, five dollars and seventy-two cents 5.72 

Rumney, one dollar and thirty-nine cents 1.39 

Thornton, seventy-four cents .74 

Warren, one dollar and six cents 1.06 

Waterville, twenty cents .20 

Wentworth, eighty-nine cents ,89 

Woodstock, one dollar and thirty-eight cents 1.38 

Coos County, $73.44 

Berlin, twenty-eight dollars and thirteen cents .... $28.13 

Carroll, two dollars and fifty cents 2.50 

Clarksville, seventy-five cents .75 

Colebrook, three dollars and sixty-four cents 3.64 



10 Chapter 4 [1935 

Columbia, eighty-five cents $0.85 

Dalton, seventy-three cents .73 

Dummer, sixty-six cents .66 

Errol, one dollar and nine cents 1.09 

Gorham, eight dollars and forty cents 8.40 

Jefferson, one dollar and fifty-two cents 1.52 

Lancaster, six dollars and fifty-five cents 6.55 

Milan, one dollar and twelve cents 1.12 

Northumberland, four dollars 4.00 

Pittsburg, three dollars and seventy-seven cents . . 3.77 

Randolph, seventy-five cents .75 

Shelburne, ninety cents .90 

Stark, sixty-seven cents .67 

Stewartstown, one dollar and forty-four cents 1.44 

Stratford, one dollar and ninety-one cents 1.91 

Wentworth's Location, eighteen cents .18 

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

Unincorporated Places, $3.60 

Cambridge, eighty-three cents $0.83 

Crawford's Purchase, seven cents .07 

Dixville, one dollar and six cents 1.06 

Dix's Grant, twenty-six cents .26 

Erving's Grant, one cent .01 

Gilmanton and Atkinson Academy Grant, four cents .04 

Green's Grant, nine cents .09 

Hale's Location, one cent .01 

Millsfield, thirty-nine cents .39 

Odell, twenty-five cents .25 

Sargent's Purchase, ten cents .10 

Second College Grant, eleven cents .11 

Success, twenty-nine cents .29 

Thompson and Meserve Purchase, nine cents .09 

2. Limitation. The same shall be the proportion of as- 
sessment of all public taxes until a new apportionment shall be 
made and established and the treasurer for the time being 
shall issue his warrant accordingly. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 19, 1935.] 



1935] Chapter 5 11 

CHAPTER 5. 

AN ACT TRANSFERRING THE REGULATION OF LYING-IN HOS- 
PITALS TO THE STATE BOARD OF HEALTH. 



Section 

4. Expiration of licenses. 

5. Takes effect. 



Section 

1. Lying-in hospitals. 

2. Transfer of duties. 

3. Transfer of papers. 

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

1. Lying-in Hospitals. Amend section 1, chapter 114, 
Public Laws, as amended by chapter 177, Laws of 1929, by 
striking out said section and inserting in place thereof the fol- 
lowing: 1. Licenses. The state board of health may issue 
a license for two years, subject to revocation by it, to any per- 
son whom it may deem suitable and responsible to establish or 
keep a lying-in hospital, hospital ward or other place for the 
reception, care and treatment of women in labor, if the local 
board of health shall first certify to the state board of health 
that, from its inspection and examination of such place, the 
same is suitable for the purpose. 

2. Transfer of Duties. Amend section 2 of said chapter 
114 by striking out said section and inserting in place thereof 
the following: 2. Supervision. The state board of health 
shall have supervision of all such places, may make necessary 
rules for their regulation, and may designate its agents to 
visit and inspect the same. The said places shall also be sub- 
ject to visitation and inspection at any time by the head of the 
police department or his authorized agent, by the local board 
of health or by the selectmen. 

3. Transfer of Papers. All documents or papers relative 
to lying-in hospitals now in the custody of the state board of 
public welfare shall be transferred to the state board of health. 

4. Expiration of Licenses. Licenses for lying-in hospitals 
heretofore issued by the state board of public welfare and now 
in force shall continue in effect until the expiration dates 
thereof unless sooner revoked. 

5. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved February 20, 1935.] 



12 Chapter 6 [1935 

CHAPTER 6. 

AN ACT RELATING TO THE STATE PLANNING AND DEVELOPMENT 

COMMISSION. 



Section 

3. Appropriation. 

4. Takes effect. 



Section 

1. State planning and develop- 

ment commission. 

2. Advisory board. 

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

1. State Planning and Development Commission. Amend 
section 33 of chapter 19 of the PubUc Laws, as amended by 
chapter 92 of the Laws of 1931 by striking out said section 
and inserting in place thereof the following: 33. Organiza- 
tion. The state planning and development commission is 
hereby established, consisting of five members, to be appointed 
by the governor, with the advice and consent of the council, 
no more than three of whom shall be of the same political 
party. The governor, with the advice and consent of the 
council, shall designate one of the members of said commis- 
sion as chairman. The members shall hold office for five 
years, except that the original appointments shall be for one, 
two, three, four, and five years respectively, and each mem- 
ber shall hold office until his successor shall be appointed and 
qualified. The members shall serve without pay, but may re- 
ceive compensation for reasonable expenses incurred in the 
performance of their duties. 

2. Amendment. Amend said chapter 19 of the Public 
Laws by adding after section 33 the following new sections: 
33-a. Advisory Board. The several responsible executives or 
executive boards of each state department and institution 
shall constitute an ex-officio advisory board which, in whole or 
in part, shall meet from time to time with the said state plan- 
ning and development commission or any of its agencies for 
the purpose of advising and co-operating in the preparation 
and co-ordination of plans for developing the resources of the 
state. 33-b. Duties: L Development and Publicity. 
The commission shall encourage development of industry, rec- 
reation, and agriculture within the state ; shall devise suitable 
means to advertise the attractions and resources of the state ; 
and in general shall seek to conserve and promote the public 
health, safety, convenience and general welfare. The com- 
mission shall have authority to co-operate with any persons 



1935] Chapter 7 13 

or organizations interested in these purposes and is authorized 
to publish for general distribution and to sell reports, charts, 
surveys or other documents calculated to serve these purposes, 
the proceeds from such sales to be credited to the appropria- 
tion for said commission for its general purposes. II. Re- 
search AND Planning. The commission shall prepare and 
keep up to date a plan for the orderly development of the re- 
sources of the state and shall submit a biennial report on the 
progress of this plan to the governor and council and other- 
wise make available to them such information or research 
service as they may require in preparing legislation for ad- 
vancing the welfare of the state; shall encourage by advise- 
ment planning by cities and towns or groups of cities and 
towns ; shall encourage the extension and correlation of state 
planning by agencies of the state government ; and shall par- 
ticipate in interstate, regional, and national planning efforts, 
both with a view to benefits to be derived by the larger re- 
gion or nation and by the state. 33-c. Grants. The com- 
mission is authorized to accept in the name of the state spe- 
cial grants of money and/or services from the federal or state 
governments or any of their agencies and may accept gifts to 
carry on its activities. 

3. Appropriation. Any unexpended funds heretofore 
made available for the use of the state development commis- 
sion and the state planning board are hereby made available 
for the use of the state planning and development commission. 

4. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 20, 1935.] 



CHAPTER 7. 

AN ACT RELATIVE TO EMERGENCY BORROWING FOR THE STATE. 



Section 

2. Takes effect. 



Section 

1. Emergency borrowing by 
state. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Amount Increased. Amend section 12 of chapter 15 of 
the Public Laws by adding before the word "six" in the sev- 
enth line the words, one million, so that said section as 
amended shall read as follows: 12. Borrowing Money. If 



14 Chapter 8 [1935 

money due from the state is demanded and there are not suf- 
ficient funds in the treasury available for the payment of the 
same, the treasurer, under the direction of the governor and 
council, is authorized to borrow on the state's credit, for a 
period of not more than five years, at the lowest rate of in- 
terest obtainable, such sums as may be necessary ; but the en- 
tire indebtedness incurred under this authority shall not ex- 
ceed the sum of one million six hundred thousand dollars per 
annum. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 21, 1935.] 



CHAPTER 8. 



AN ACT REQUIRING CERTAIN CLAIMS AGAINST THE STATE TO BE 
PRESENTED FOR PAYMENT ON OR BEFORE MARCH ELEVENTH. 



Section 

2. Notice. 

3. Takes effect. 



Section 

1. Time for presentation of 
claims for services to re- 
lief administration. 

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

1. Limitation. Every person having a claim or claims 
against the state on account of services rendered or goods de- 
livered to the emergency relief administration, established by 
chapter 160 of the Laws of 1933 must present his claim or 
claims for payment to the governor and council or their duly 
authorized agents on or before March 11, 1935. Claims for 
payment received after midnight of March 11, 1935, but bear- 
ing a postmark prior thereto, will be accepted. No person 
having a claim as aforesaid shall receive payment therefor un- 
less he complies with the provisions of this section. 

2. Notice. It shall be the duty of the secretary of state 
to prepare copies of this law suitable for posting and to for- 
ward two such copies to the board of selectmen in towns and 
to the mayor of cities whose duty it shall be to post them im- 
mediately in two public places in such town or city. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 21, 1935.] 



1935] Chapter 9 15 

CHAPTER 9. 

AN ACT TO BE KNOWN AS THE MUNICIPAL BUDGET ACT. 



Section 

5. Exceeding appropriation. 

6. Penalty. 

7. Takes effect. 



Section 

1. Municipal budget act. 

2. Budget committee. 

3. Preparation of budget. 

4. Limitation. 

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

1. Municipal Budget Act. At the annual town meeting 
next after the taking effect of this act, each town in the state 
shall by ballot vote on the following article to be inserted in 
the warrant: "To see if the town will vote to adopt the pro- 
visions of the Municipal Budget Act." If the majority of 
those present and voting at said meeting vote for its adoption, 
this act shall be in force at the next annual town meeting and 
remain in force in said town until by proper article in the war- 
rant the town shall at a regular town meeting by majority 
vote rescind such action. In towns where this act is not 
adopted as above provided, on petition of ten legal voters of 
said town the selectmen shall insert in the warrant for any 
subsequent annual town meeting a similar article, which shall 
be voted on in the manner above provided, and if adopted said 
act shall remain in force until rescinded by a majority vote at 
a regular town meeting. 

2. Budget Committee. In towns adopting the provisions 
of this act the budget committee shall consist of three, six, 
nine or twelve members at large as the meeting adopting the 
provisions of this act shall by vote determine and one member 
chosen by the school committee of each school district in said 
town and one member of the board of selectmen to be desig- 
nated by said board. The members at large may either be ap- 
pointed by the moderator or elected by the town meeting 
adopting this act as said meeting may by vote determine. The 
majority of the members at large shall be property taxpayers. 
If said members at large are selected by election it shall be by 
a majority vote by ballot or acclamation of those present and 
voting. Where said members at large are appointive such ap- 
pointment shall be made within thirty days after the adoption 
of this act by the town meeting. One third of the members 
at large so elected or appointed shall hold office for one year, 
one third for two years and one third for three years or until 



16 Chapter 9 [1935 

their successors are elected and qualified. The places of those 
members at large whose terms have expired shall be filled in 
accordance with the terms of the original vote of said town 
meeting unless the town shall at some subsequent meeting 
change the method of selection. The members selected by the 
school committee and the selectmen shall hold ofiice for one 
year or until their successors are elected and qualified. 

3. Preparation of Budget. It shall be the duty of the budg- 
et committee to prepare a budget according to forms pre- 
scribed by the tax commission for town and school expendi- 
tures, and for this purpose to hold public hearings, notice of 
which shall be given at least seven days in advance. The budg- 
et committee shall consult the selectmen, school committee, 
and other town officers and departments as to the costs of gov- 
ernment, revenue anticipated and services performed, and it 
shall be the duty of any town or school officer or employee to 
furnish information required by said committee. It shall also 
be the duty of all boards of selectmen and of school commit- 
tees of each town to prepare and submit to the budget commit- 
tee of the town an itemized statement of expected receipts and 
expenditures for the ensuing year at such time as said budget 
committee shall fix. When completed the budget shall be 
printed in the town report or separately and distributed or 
published in some newspaper printed or circulated in said town 
at least one week before the town or school meeting. In any 
town where a budget committee has not been authorized, the 
selectmen shall perform the duties of said committee in rela- 
tion to town expenditures. 

4. Limitation. So long as the provisions of this act shall 
remain in force in any town the total amount appropriated at 
any annual town or school meeting shall not exceed by more 
than ten per cent the total amount specified in the budget for 
town or school purposes and no appropriation shall be made 
for any purpose not included in said budget. 

5. Exceeding Appropriations. In towns adopting the pro- 
visions of this act, no board of selectmen, school board or other 
spending agency shall pay or agree to pay any money or incur 
any liability involving the expenditure of money for any pur- 
pose for which an appropriation has not been made, or in ex- 
cess of any appropriation or allotment made to it except for 
the purpose of paying judgments rendered against a town or 
school district, provided, however, that in case of sudden and 



1935] Chapter 10 17 

unexpected emergency the selectmen may on application to 
the tax commission and the school board on application to the 
state board of education after hearing be given a certificate of 
emergency authorizing them to make such expenditure or in- 
cur such liability ; provided, further, that in cases arising dur- 
ing the year following a town meeting where changes occur 
which make it unnecessary to use the amount appropriated for 
a specific purpose, an unexpended balance may be transferred 
by boards of selectmen or school boards from one appropria- 
tion to another, provided the total amount expended for all 
purposes does not exceed the total amount appropriated at 
town or school meetings for all purposes. 

6. Penalty. Any person or persons violating the provi- 
sions of the preceding section shall be subject to removal 
from office on proper petition brought before the superior 
court. Such petition shall take precedence of other actions 
pending in said court, and shall be heard and decided as speed- 
ily as possible. 

7. Takes Effect. All acts or parts of acts inconsistent with 
this act are hereby repealed and this act shall take effect upon 
its passage. 

[Approved February 21, 1935.] 



CHAPTER 10. 

AN ACT REGARDING LIEN ON REAL ESTATE. 



Section 

2. Takes effect. 



Section 

1. Extension of lien on real 
estate. 

Whereas an unusual number of real estate owners are 
now finding it difficult to meet their tax payments in time to 
prevent the sale of their property for taxes, due to the pres- 
ent depression and 

Whereas an emergency now exists in the state, now there- 
fore. 

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

1. Extension of Lien. During the calendar years of 1935 
and 1936 the lien on real estate provided for in section 17 of 
chapter 66 of the Public Laws shall continue to October first, 
instead of July first. 



18 Chapters 11, 12 [1935 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 27, 1935.] 



CHAPTER 11. 

AN ACT RELATIVE TO THE DISCHARGE OF SEWAGE. 



Section 
2. Takes effect. 



Section 

1. Discharge of sewage from 
camp or dwelling. 

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

1. Camp or Dwelling. Amend section 32 of chapter 141 of 
the Public Laws by inserting in the third line before the word 
"factory" the words, dwelling, camp, so that said section as 
amended shall read as follows: 32. Discharge of Sewage; 
Penalty. No person, association or corporation shall cause or 
permit the discharge of sewage or other deleterious waste 
from any dwelling, camp, factory, hotel, boarding house or 
other commercial establishment into any stream, lake, pond or 
river not hitherto polluted, without first submitting detailed 
plans of said proposed discharge to the state board of health 
and securing the approval of the said board. Whoever vio- 
lates the provisions of this section shall be fined not less than 
one hundred nor more than one thousand dollars. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 27, 1935.] 



Section 

2. Takes effect. 



CHAPTER 12. 

AN ACT RELATING TO THE BRIDGE OVER LITTLE BAY. 

Section 

1. General John Sullivan 
Memorial Bridge. 

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

1. Name Given. The bridge over Little Bay recently con- 
structed by the state under the provisions of chapter 64, Laws 
of 1933, near the site of the old Dover Point bridge shall here- 
after be known as the General John Sullivan Memorial Bridge. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 27, 1935.] 



1935] Chapter 13 19 

CHAPTER 13. 

AN ACT RELATIVE TO BOOTHS IN ESTABLISHMENTS WHERE BEV- 
ERAGES ARE SOLD. 



Section 

2, Takes effect. 



Section 

1. Booths in establishments 
where beverages are 
sold. 

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

1. Establishments Where Beverages are Sold. Amend 
section 12 of chapter 3 of the special session Laws of 1934 by- 
adding at the end of said section the following: Costumers 
may be erected and attached to the ends of booths. Such cos- 
tumers shall be constructed in such manner as approved by the 
commission, so that said section as amended shall read as fol- 
lows: 12. Rules and Regulations. Said commission shall 
have power to make all necessary and proper rules and regula- 
tions for carrying out the provisions of this act, and such rules 
and regulations shall have the effect of law. No sale of liquor 
or beverages shall be made on Sundays or election days except 
by persons holding licenses under the provisions of sections 
19, 21, 22 and 23.* Liquor or beverages shall not be sold in 
any establishment where booths that are not open at the end 
or that are more than forty-two inches high are used for 
serving patrons. Costumers may be erected and attached to 
the ends of booths. Such costumers shall be of such design 
and constructed in such manner as approved by the commis- 
sion. 

2. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved February 28, 1935.] 



* Amended, chapter 68, post. 



20 Chapters 14, 15 [1935 

CHAPTER 14. 

AN ACT RELATING TO CLERK HIRE IN THE PROBATE OFFICE OF 
ROCKINGHAM COUNTY. 



Section 

2. Takes effect. 



Section 

1. Clerk hire, Rockingham 
county probate office. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Rockingham County Probate Office. Amend section 21 
of chapter 294 of the Public Laws, as amended by chapters 
89 and 141 of the Laws of 1929, by striking out the word 
"two" in the fourth line and inserting in place thereof the 
word eight so that said section as amended shall read as fol- 
lows: 21. Clerk Hire. Registers of probate shall be al- 
lowed the following sums annually for clerk hire, payable 
monthly by the county: 

In Rockingham county, eight hundred dollars. 
In Merrimack county, nine hundred dollars. 
In Hillsborough county, fifteen hundred dollars. 
In Sullivan county, three hundred dollars. 
In Coos county, one hundred and fifty dollars. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 28, 1935.] 



CHAPTER 15. 

AN ACT RELATIVE TO FISHING THROUGH THE ICE IN NUBANUSIT 
LAKE AND SPOONWOOD POND. 



Section 

1. Ice fishing permitted. 



Section 

2. Takes effect. 



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

1. Ice Fishing Permitted. Fishing through the ice in Nu- 

banusit lake and Spoonwood pond, so called, in the towns of 
Hancock and Nelson is hereby authorized. The authority 
conferred by section 64, chapter 197, of the Public Laws, as in- 
serted by chapter 31, Laws of 1929, on the fish and game ad- 
visory board to make rules relative to restricting the taking of 
fish shall not apply to permit said board to restrict the taking 
of fish through the ice in the before-mentioned waters. 



1935] Chapter 16 21 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 28, 1935.] 



CHAPTER 16. 

AN ACT PROVIDING FOR THE RECONSTRUCTION AND MAINTE- 
NANCE OF TRUNK LINE AND STATE-AIDED HIGHWAYS AND 
FOR THE ADJUSTMENT OF AID TO TOWNS 
IN MAINTAINING CLASS V 
HIGHWAYS. 



Section 

3. Class V highways. 

4. Repeal. 

5. Takes effect. 



Section 

1. Trunk line and state-aided 

highways, reconstruction 
and maintenance. 

2. Repeal. 

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

1. Trunk Line and State-Aided Highways. Amend sec- 
tion 10 of chapter 84 of the Public Laws, as amended by chap- 
ter 27 of the Laws of 1931 by striking out said section and in- 
serting in place thereof the following: 10. Reconstruction 
and Maintenance. The state highway department shall as- 
sume full control of reconstruction and maintenance of all 
trunk lines, including bridges thereon, and all state-aided 
highways, excluding bridges thereon, now or hereafter con- 
structed, and the removal of snow from such sections thereof 
as may be designated by the highway commissioner with the 
approval of the governor and council ; and the cost of the same 
shall be a charge against the funds accruing to the highway 
department; provided, however, that no state funds shall be 
expended for reconstruction and maintenance of such high-, 
ways, within the compact parts of any city or town of twenty- 
five hundred inhabitants or over, but such portions shall be 
constructed and maintained by the city or town within which 
they are located. 

2. Repeal. Section 11 of said chapter 84, as amended by 
chapter 127 of the Laws of 1929, section 12 of said chapter 84 
as amended by chapter 183 of the Laws of 1929, and section 13 
of said chapter 84, relating to trunk hne maintenance, are 
hereby repealed. 

3. Reconstruction and Maintenance. Amend section 6 of 
chapter 87 of the Pubhc Laws, as amended by chapter 81 of 



22 Chapter 17 [1935 

the Laws of 1927, chapter 105 of the Laws of 1929, and chap- 
ter 8 of the Laws of 1931, by striking out said section and in- 
serting in place thereof the following: 6. State Aid. In 
the month of July of each year, the highway commissioner 
shall allot to each town, from the funds accruing to the high- 
way department, a sum sufficient, when added to the amount 
which might be derived by a tax of seventy cents on each one 
hundred dollars of assessed valuation of the preceding year, 
to equal ninety dollars for each mile of class V highway in 
such town ; provided, however, that no allotment shall be made 
to any town in which a tax of seventy cents on each one hun- 
dred dollars of assessed valuation of the preceding year would 
produce an amount in excess of ninety dollars for each mile of 
class V highway in such town. 

4. Repeal. Provided this act shall pass prior to March 9, 
1935, chapter 28 of the Laws of 1933, which provided certain 
temporary provisions for reconstruction and maintenance of 
the highways hereinbefore mentioned, shall be repealed as of 
the date of the passage of this act. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 4, 1935.] 



Section 


Seci 


1. Highway construction. 


6. 


2. State aid for counties. 




3. General provisions relating 


7. 


to state aid. 


8. 


4. Class II highways. 


9. 


5. Joint fund. 


10. 



CHAPTER 17. 

AN ACT PROVIDING FOR STATE AID ON CLASS II OR CLASS V 

HIGHWAYS. 

[ON 

Maintenance class II high- 
ways. 
Optional provisions. 
State aid, class V highways. 
Regulations regarding. 
Takes effect. 

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

1. Highway Construction. Amend section 16 of chapter 84 
of the Public Laws by striking out the words "or mainte- 
nance" in the first and second lines thereof, so that said section 
as amended shall read as follows: 16. Rights of Counties. 
Counties charged with the construction of any trunk fine or 
state-aided highway within the limits of a town may avail 
themselves of all rights and privileges pertaining thereto, in 



1935] Chapter 17 23 

the same manner and upon the same terms as the town might 
if so charged. As to such highways the county commission- 
ers shall have the powers and perform the duties of selectmen. 

2. Amendment. Amend section 17 of said chapter 84 by 
striking out said section and inserting in place thereof the fol- 
lowing: 17. Counties. The amounts to be set aside by 
counties in order to entitle them to state aid for highways 
shall be determined by the state highway commissioner. 

3. General Provisions. Amend section 18 of said chapter 
84 by striking out said section and inserting in place thereof 
the following: 18. Optional Provisions. A town, city or 
unincorporated place through the county commissioners, may 
make application to the highway commissioner for state aid 
for either class II or class V highways. No town, city or un- 
incorporated place shall receive such aid for both such classes 
of highways in any one year, provided however, that in case 
any town, city or unincorporated place has an uncompleted 
portion of class II highway and the amount to which said 
town, city or place is entitled under the provision hereof is 
more than sufficient to complete said highway, and the town, 
city or place elects to so complete said highway and there is 
an unexpended balance of said allotment upon the completion 
of said road, in such event said town, city or place shall be en- 
titled in addition to the amount already expended to such por- 
tion of the allotment to which said town, city or place would 
have been entitled for class V highways as the unexpended 
balance of the allotment for class II highways bears to said 
total allotment for class II highways. 

4. Class II Highways. Amend sections 19, 20 and 21 of 
said chapter 84 as amended by chapter 7 of the Laws of 1931, 
by striking out said sections and inserting in place thereof the 
following new sections: 19. Local Contribution. If any 
city or town, or the county commissioners for any unorgan- 
ized place, desire state aid as provided by this chapter, for the 
purpose of constructing a section of class II road, such city or 
town shall raise, appropriate and/or set aside from the 
amount of money annually raised and appropriated for the re- 
pair of highways the following: Towns having a valuation of 
less than two million dollars, one dollar and fifty cents on each 
one thousand dollars of their valuation; towns of two million 
dollars and less than three million dollars valuation, one dol- 



24 Chapter 17 [1935 

lar and twelve and one-half cents on each one thousand dol- 
lars ; towns of three million dollars and less than five million 
dollars, seventy-five cents on each one thousand dollars ; towns 
of five million dollars and less than fifteen million dollars, fifty- 
cents on each one thousand dollars, and towns of fifteen 
million dollars and upwards, thirty-seven and one-half cents 
on each one thousand dollars ; and the commissioners of each 
county within which are located unorganized towns or places, 
shall set apart of the money raised and appropriated for the 
repair of highways therein, one dollar and fifty cents on each 
one thousand dollars of valuation of each unorganized town or 
place in which there are highways. In no case shall the con- 
tribution of any city or town exceed the amount allotted by 
the state under section 21. 20. Applications for Aid. Ap- 
plications for such state aid for class II highways in any year, 
and notice of the raising, appropriating or setting apart of 
such sum by any city or town or by the commissioners of any 
county for unorganized place entitled to state aid, shall on or 
before May 1 of such year be made to the highway commis- 
sioner in the manner provided by regulations prescribed by 
him, otherwise they shall not be entitled to such aid that 
year. 21. Apportionment. The highway commissioner shall 
apportion from the highway funds to each city, town and un- 
organized town or place which has so applied for state aid, 
for each dollar so set apart by them the following amounts: 
To those having a valuation of less than one million dollars, 
two dollars for each one dollar set apart under section 19, but 
in no case shall the state's share be less than one thousand 
dollars ; to those having a valuation of one million dollars and 
less than three million dollars, one dollar; to those having a 
valuation of three million dollars and less than ten milhon dol- 
lars, seventy-five cents; to those having a valuation of ten 
million dollars and upwards, fifty cents. 

5. Amendment. Further amend chapter 84 by adding 
after section 21 the following new sections : 22. Joint Fund 
Expenditure. The amount of money set apart by a city or 
town for state aid as provided in section 19 with the amount 
apportioned by the highway commissioner as provided in sec- 
tion 21, shall constitute a joint fund to be used for the con- 
struction of only such class II highways within such city or 
town as the commissioner shall have designated before Febru- 



1935] Chapter 17 25 

ary 15 of each year. No part of said joint fund shall be ex- 
pended on any highway within the compact portion of any 
city or town except in towns of less than two thousand five 
hundred population, such compact portion to be determined 
by the commissioner. 23. Unexpended Funds. Any part of 
said joint fund not expended during the year for which it is 
set apart and apportioned may be expended during any suc- 
ceeding year if in the opinion of the highway commissioner it 
cannot be advantageously expended during the same year. 

6. Amendment. Amend section 24 of said chapter 84 
as amended by chapter 59 of the Laws of 1933, by striking out 
said section and inserting in place thereof the following: 
24. Maintenance. All class II roads constructed agreeably 
to the provisions of this act shall be maintained by the state 
and the expense of such maintenance be a charge upon the 
highway funds. 

7. Construction of Class V Highways. Amend section 
25 of said chapter 84 by striking out said section and insert- 
ing in place thereof the following: 25. Optional Provision. 
Any city, town or unorganized place which does not accept 
state aid for class II highways in any year shall be entitled 
to state aid for construction of class V highways in accord- 
ance with the provisions of section 26. The basis for the ap- 
portionment as between towns for state aid for class V high- 
ways shall be five hundred thousand dollars. 

8. State Aid. Amend section 26 of said chapter 84 by 
striking out said section and inserting in place thereof the fol- 
lowing: 26. Apportionment. The highway commissioner 
shall apportion on the basis as provided in section 25 to each 
city, town and unorganized town or place, an amount based 
on the mileage of class V roads and the population as follows : 
Four fifths of the allotment herein provided shall be appor- 
tioned to the towns and cities and unorganized places in direct 
proportion as the mileage of class V roads in each town or city 
bears to the total mileage of class V roads in the state, and 
one fifth in direct proportion as the population of each town 
or city or unorganized place bears to the total population of 
the state. 

9. Regulations Regarding. Further amend said chap- 
ter 84 by adding after section 26 the following new sections: 
26-a. Local Contribution. Any city or town, or county com- 



26 Chapter 17 [1935 

missioners for any unorganized town or place that desires to 
apply for aid upon class V roads, shall raise or set aside an 
amount equal to twenty-five per cent of the apportionment 
made to such city, town or place under section 26. In no case 
shall the town's share exceed the amount that would be set 
aside or raised by the town under section 19, which is the 
amount the town must raise to secure state aid for class II 
roads. 26-b. Application for Aid. Application for such aid 
on class V highways in any year and notice of the setting 
apart of such sum by any city or town or by the commission- 
ers of any county for an unorganized place, shall on or before 
May 1 of such year be made to the highway commissioner in 
the manner provided by regulations prescribed by him. 26-c. 
Expenditures. The sum hereby set apart by a city, town or 
unincorporated place under the provisions of section 26-a, 
with the amount apportioned by the highway commissioner 
as provided by section 26, shall constitute a joint fund and 
shall be expended for the improvement and maintenance of 
rural post roads and/or class V highways by the towns and 
cities under the supervision of and on locations approved by 
the highway commissioner. No city or town shall expend 
more than fifteen hundred dollars for each mile of road im- 
proved in any one year from funds provided under this act, 
except by written permission of the commissioner. 26-d. 
Maintenance. All class V roads improved with state aid as 
herein provided shall be maintained by the city or town or 
place within which they are located, at its expense. 26-e. 
Notice to Towns. On or before February fifteenth in each 
year the highway commissioner shall give notice to all towns 
of the amounts to which they would be entitled for state aid 
for the construction of class II and class V highways. 

10. Takes Effect. This act shall take effect upon its 
passage, provided that in case the act is not passed prior to 
February 15, 1935, the notice for the year 1935 shall be given 
as soon as possible after passage of this act. 

[Approved March 4, 1935.] 



1935] Chapters 18, 19 27 

CHAPTER 18. 

AN ACT FOR THE GREATER DETECTION OF CRIME AND APPREHEN- 
SION OF CRIMINALS. 



Section 

1. Report required from phy- 
sician, hospital, etc. 



Section 

2. Penalty. 

3. Takes effect. 



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

1. Report Required. Any person, surgeon or physician, 
or any hospital, sanatorium, dispensary, or other institution 
doing business in this state who treats or serves any person 
for a gunshot wound, or who treats or serves any person for 
any other injury believed to have been caused by felonious act, 
shall immediately notify the county solicitor, furnishing the 
solicitor with the name of the patient and such other informa- 
tion as may be known concerning the injury and its history. 

2. Penalty. Any person or institution who wilfully vio- 
lates the provisions of this act shall be fined not exceeding 
one hundred dollars ($100). 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 7, 1935.] 



CHAPTER 19. 

AN ACT RELATING TO TRESPASSES AND MALICIOUS INJURIES. 



Section 

2. Takes effect. 



Section 

1. Trespasses; illegal sale of 
stolen goods. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Trespasses; Illegal Sale of Stolen Goods. Amend 

chapter 380 of the Public Laws by striking out the whole of 
section 7 thereof and inserting in place thereof the follow- 
ing: 7. Gardens, etc. Whoever wilfully or without right 
enters the orchard, nursery, garden, or improved land of an- 
other, or the unimproved land of another upon which has been 
posted a printed or written notice forbidding or prohibiting 
trespass in general or in any detail, and destroys or injures 
any tree, shrub or vine, or steals, takes or carries away live 
stock, poultry, fruit or flower, or any tree, shrub or plant or 
any part thereof or any other product there growing or being. 



28 Chapter 20 [1935 

or so enters with intent to do any of said acts, shall be fined 
not exceeding one hundred dollars, or imprisoned not ex- 
ceeding six months, or both. Whoever knowingly sells or of- 
fers for sale any property or product which has been stolen, 
taken or carried away in violation of the provisions of this 
section shall be fined not exceeding fifty dollars or imprisoned 
not exceeding thirty days, or both. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 7, 1935.] 





CHAPTER 20. 


AN 


ACT RELATIVE TO A STATE BOARD 


OF V\^ELFARE AND RELIEF. 


Section 


Section 


1. 


Board constituted. 


16. 


Emergency relief fund. 


2. 


Chairman; secretary. 


17. 


Voting rights not affected. 


3. 


Compensation. 


18. 


Audit of accounts. 


4. 


Duties enlarged. 


19. 


Taxes. 


5. 


Division of welfare. 


20. 


Present welfare board abol- 


6. 


Assistants. 




ished. 


7. 


Director of relief. 


21. 


Transfer of powers and du- 


8. 


Duties of director of relief. 




ties. 


9. 


Grants to towns, cities and 


22. 


Equipment and supplies. 




counties. 


23. 


Records and essential data. 


10. 


Local option. 


24. 


Duration of act. 


11. 


Non-compliance with orders. 


25. 


Expenses, 


12. 


Acceptance of funds. 


26. 


Working capital. 


13. 


County, town and city assist- 


27. 


Suspension of laws. 




ants. 


28. 


Constitutionality. 


14. 


Appeal. 


29. 


Takes effect. 


15. 


Notes authorized. 






Be it enacted by the Senate an 


d House of Representatives in 




General Court convened: 







1. Board Constituted. For the duration of this act there 
is hereby constituted the State Board of Welfare and Re- 
lief. Upon the passage of this act the governor with the ad- 
vice and consent of the council shall appoint three members 
of said board, not more than two of whom shall be of the same 
political party, each for a term for the duration of this act. 
Each member shall continue in office until his successor has 
been appointed and qualified. If a vacancy shall occur in said 
board it shall be filled for the remainder of the term. Any 
member of said board may be removed by the governor and 
council at any time for cause. 

2. Chairman; Secretary. The governor and council shall 
designate one member of said board as chairman and another 
as secretary. 



1935] Chapter 20 29 

3. Compensation. The members of said board shall 
be paid eight dollars a day, each, for such time as they are ac- 
tually engaged in the service of the state and their actual ex- 
penses. 

4. Duties Enlarged. Said board shall set up two divi- 
sions, one the division of welfare and the other the division of 
relief. 

5. Division of Welfare. Said board shall appoint a state 
director of the division of welfare, who, under its direction, 
shall give his entire time to the duties of such division, act 
as visiting agent to placed-out children and supervisor of vol- 
unteer visitors and perform such other duties as may right- 
fully belong to his office or as may be assigned to him by the 
board of welfare and relief. Said board shall fix the compen- 
sation of said director, subject to the approval of the gov- 
ernor and council, and may remove him for cause. 

6. Assistants. Said board shall employ and fix the 
compensation of such inspectors, qualified assistants or other 
employees as may be necessary properly to perform the duties 
of both divisions of said board, except that the number so em- 
ployed and schedules covering their compensation shall be ap- 
proved by the governor and council. 

7. Director of Relief. Said board shall appoint a state 
director of the division of rehef, fix his compensation and may 
remove him for cause. 

8. Duties of Director of Relief. It shall be the duty of 
said director and he shall have power and authority under the 
supervision and approval of said board: 

I. To have and exercise general supervision over the ad- 
ministration of poor relief through work programs and/or di- 
rect relief by counties, cities and towns and the expenditure 
of all moneys therefor. 

II. To confer with, advise and give necessary instruc- 
tions and directions to local relief officers throughout the 
state relative to their duties. 

III. To require county, city and town officers to report 
such information monthly and annually, relative to poor re- 
lief as may in the opinion of said director be necessary, and it 
is hereby made the duty of such officers to furnish the in- 
formation required. 

IV. To require accounts relative to poor relief to be kept 
in a uniform manner. 



30 Chapter 20 [1935 

V. To make such rules, regulations and orders with the 
approval of the state board for the administration of poor re- 
lief by counties, cities and towns as said director may deem 
necessary to insure an economical and wise expenditure of the 
moneys granted by the state to counties, cities and towns un- 
der this act, and to comply with the rules and regulations of 
the federal government or any of its agencies relative to poor 
relief. 

9. Grants to Towns, Cities and Counties. The gover- 
nor and council, upon order of the director of relief approved 
by the comptroller, are hereby authorized and directed to 
make grants and reimbursements out of the state funds in the 
emergency relief fund herein provided for, to counties, cities 
and towns on account of moneys expended by them for direct 
relief to the extent of fifty per cent of the amount expended 
by said counties, cities and towns ; provided that no reim- 
bursement shall be made on account of salaries, compensation 
or expenses of any county, city or town official elected or ap- 
pointed under this act or any existing statute or ordinance. 
If during any period while this act is in effect, federal funds 
are made available to the state for direct poor relief all such 
available federal moneys shall be used to reimburse counties, 
cities and towns for the moneys so expended for poor relief, 
in accordance with any regulations or conditions imposed by 
the federal authorities, in which event the balance of said ex- 
penditures by counties, cities and towns for poor relief shall 
be borne equally by the state and by the counties, cities and 
towns. Provided, however, that the total of all grants or re- 
imbursements out of state funds to said counties, cities and 
towns shall not exceed the sum provided in section 15 hereof ; 
and provided, further, that the board shall have the right to 
reduce the percentage to be contributed by the state to the 
counties, cities and towns at any time during the duration of 
this act, when it shall appear that the funds provided in sec- 
tion 15 hereof will not be sufficient to make grants or reim- 
bursements to the extent of fifty per cent of the amount ex- 
pended by said counties, cities and towns. 

10. Local Option. If a majority of the qualified voters 
present and voting at the annual town meeting of a town, or 
special town meeting called for the purpose, shall vote by bal- 
lot to assume all liability for the relief of the poor of said 



1935] Chapter 20 31 

town having a settlement therein, said town shall not be en- 
titled to grants or reimbursements from state or federal 
money for poor relief, and shall not be subject to any of the 
provisions of this act relative to poor relief. When a town 
has so voted the town clerk shall notify the board of welfare 
and relief of the action taken and such vote shall be in effect 
until rescinded at a subsequent annual town meeting, or spe- 
cial town meeting called for that purpose. 

11. Non-compliance with Orders. If any county, city 
or town, or any officer thereof, shall fail substantially tO' com- 
ply with any order, rule or regulation issued by the director 
of relief, in accordance with the provisions of this act, grants 
or reimbursements shall not thereafter be made to such 
county, city or town, until such order, rule or regulation has 
been complied with. Grants or reimbursements shall not be 
made to any county, city or town until its indebtedness to the 
state incurred by any of the provisions of chapter 160 of the 
Laws of 1933 have been fully discharged, or provided for to 
the satisfaction of the governor and council. 

12. Acceptance of Funds. The governor is hereby 
authorized, on behalf of the state, to accept all moneys that 
may be advanced to or otherwise placed at the disposal of the 
state by the federal government, or any of its agencies, for 
the purpose of caring for the poor, the distressed, and the un- 
employed, and may make such orders, rules and regulations 
relative to the disbursement of such moneys as may be neces- 
sary to comply with any terms, conditions, orders, rules or 
regulations as may be prescribed by the federal government 
or any of its agencies, or by the President of the United 
States. 

13. County, Town and City Assistants. The board of 
county commissioners for each county, selectmen of towns or 
city officials in charge of relief are hereby authorized to em- 
ploy such qualified agents or assistants as they may deem 
necessary to administer poor relief in said county, town or 
city. Such agents or assistants shall hold office during the 
pleasure of said county commissioners, selectmen or city of- 
ficials and their salaries shall be fixed by said commissioners, 
selectmen or city officials. 

14. Appeal. In case of any disagreement as to poor re- 
lief or the administration thereof between any county com- 



32 Chapter 20 [1935 

missioner, selectman, or said city official and the state direc- 
tor of relief an appeal may be taken by either party to the 
state board of welfare and relief for a determination of the 
question. The decision of said board shall be final. 

15. Notes Authorized. In order to supply the additional 
funds needed for carrying out the purposes of this act rela- 
tive to the state's contributions for poor relief, the state 
treasurer is hereby authorized, in the discretion of the gover- 
nor and council, to borrow in such amounts as may be deter- 
mined by the governor and council upon the credit of the state 
one milhon eight hundred thousand dollars ($1,800,000) for 
the period beginning with the passage of this act and ending 
June 30, 1936, and one million two hundred thousand dollars 
($1,200,000) plus any unused appropriation liability, for the 
fiscal year ending June 30, 1937, and for that purpose may 
issue notes in the name of, and on behalf of, the state at the 
lowest rate of interest obtainable, in such form, such denom- 
inations, at such dates of maturity and at such time as the 
governor and council may determine. Such notes shall be 
countersigned by the governor and shall be deemed a pledge 
of the faith and credit of the state. The secretary of state 
shall keep an account of all such notes countersigned by the 
governor, showing the number and amount of each note, the 
time of countersigning, the time when payable and date of de- 
livery to the treasurer. The state treasurer shall keep an 
account of each 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 payable. The treas- 
urer may negotiate and sell such notes by direction of the gov- 
ernor and council in such manner as they may determine most 
advantageous to the state. To the extent that such notes 
mature at times when there is insufficient money in the spe- 
cial fund constituted by chapter 126 of the Laws of 1931 to 
pay such notes they may be extended or refunded by short- 
time notes provided, however, that in determining the total 
amount authorized to be borrowed under this section no ac- 
count shall be made of duplications due to extensions and/or 
refundings. 

16. Emergency Relief Fund. The money received from 
the sale of notes authorized by section 15 hereof shall be de- 
posited with the state treasurer to the credit of a special fund 



1935] Chapter 20 33 

to be known as the emergency relief fund and paid out by him 
upon warrants drawn by the governor with the advice and 
consent of the council for the purposes of this act alone ; pro- 
vided that any moneys remaining to the credit of such fund 
after the termination of the period during which this act is 
in force, and after all obligations against such fund have been 
liquidated, shall be held by the state treasurer and applied to 
the payment of the notes issued hereunder. 

17. Voting Rights Not Affected. While federal funds 
are available the receipt of unemployment relief, or of other 
temporary aid granted under the provisions of this act, shall 
not make the recipient thereof, or any member of his family, 
a pauper within the terms of the election laws of this state, 
nor affect his or their civil or political status in any way. 

18. Audit of Accounts. No state grants or reimburse- 
ments shall be made to counties, cities or towns for poor relief 
under the provisions hereof until the bills or accounts show- 
ing the expenditures for poor relief by said counties, cities or 
towns have been submitted to or approved by the state comp- 
troller, provided, however, that grants and reimbursements 
may be made subject to final audit. Said comptroller is here- 
by authorized to employ with the approval of the governor 
and council such auditors as may be necessary to inspect and 
audit said bills and accounts and to make such rules and reg- 
ulations as may be necessary to carry out the provisions of 
this section. The expenses incurred by the comptroller 
under the provisions of this section shall be a charge upon the 
emergency relief fund hereinbefore provided for. 

19. Taxes. The selectmen of towns and mayors of 
cities are hereby authorized and shall, upon instructions from 
the tax commission, direct the fixing of tax rates and the 
assessment of taxes, so that only such amounts shall be raised 
for the relief of the poor of the town or city as will represent, 
as nearly as may be estimated, the actual amount to be con- 
tributed by the town or city for that purpose, taking into con- 
sideration the assistance which may be given said city or town 
by the state or federal agencies. The county conventions 
shall take into account in making their appropriations for 
poor relief the amounts which the state and other agencies 
shall pay. 

20. Present Welfare Board Abolished. After the mem- 



34 Chapter 20 ' [1935 

bers of the board of welfare and relief have been appointed 
and have qualified the terms of office of the members of the 
state board of public welfare, established by chapter 108, 
Public Laws, as amended by chapter 177, Laws of 1929, shall 
expire and the property of the state in the custody of the wel- 
fare board shall immediately be transferred to the board here- 
by constituted. Any balance of appropriation heretofore 
made for the state board of public welfare shall be available 
for the board hereby constituted for the use of the division of 
welfare. 

21. Transfer of Powers and Duties. All powers and 
duties now conferred by law upon the state board of public 
welfare shall be transferred to the board of welfare and relief 
hereby constituted, and all powers and duties now conferred 
by law upon the secretary of the state board of public welfare 
shall be transferred to the director of the division of welfare 
hereby constituted. 

22. Equipment and Supplies. All equipment and sup- 
plies purchased under the provisions of chapter 160 of the 
Laws of 1933 shall be turned over to the state board of wel- 
fare and relief. 

23. Records and Essential Data. All records and es- 
sential data pertaining to cases of relief compiled under the 
provisions of chapter 160 of the Laws of 1933 shall be turned 
over to the state board of welfare and relief for the use of the 
counties, towns and cities under such regulations as the 
board may determine. 

24. Duration of Act. The provisions of this act shall 
terminate June 30, 1937, unless the legislature shall alter or 
amend this act prior to that date. Upon such termination the 
board of welfare and relief and the directors of the divisions 
of said department shall cease to have the powers and duties 
by this act conferred upon them, and the affairs of the organ- 
ization for supervision of poor relief hereby set up shall be 
wound up and liquidated. 

25. Expenses. All expenses of the board of welfare 
and relief in the administration of this act relative to the di- 
vision of relief shall be a charge upon the emergency relief 
funds. 

26. Working Capital. The governor is hereby author- 
ized to draw his warrant for any money in the treasury in the 



1935] 



Chapter 21 



35 



emergency relief fund for such sums to be set apart to the 
credit of the state treasurer as working capital as may appear 
to the governor and council necessary and proper for the 
prompt payment of bills contracted under the provisions of 
this act. 

27. Suspension of Laws. Sections 1 to 6, inclusive, of 
chapter 108 of the Public Laws, as amended by chapters 148 
and 177, Laws of 1929, and all other acts and parts of acts 
inconsistent herewith are hereby suspended for the duration 
of this act. 

28. Constitutionality. If any provision of this act or 
the application thereof to any person or circumstances is held 
invalid the remainder of the act and the application of such 
provisions to other persons or circumstances shall not be af- 
fected thereby. 

29. Takes Effect. This act shall take effect upon its 
passage. 

[Approved March 13, 1935.] 



CHAPTER 21 



AN ACT TO CONTROL THE DISTRIBUTION AND SALE OF MILK. 



Section 

10. Licenses. 

11. Records. 

12. Receipts. 

13. Penalties. 

14. Conferences authorized. 

15. Limitations on act. 

16. Termination of act. 

17. Constitutionality. 

18. Takes effect. 



Section 

1. Declaration of policy. 

2. Definitions. 

3. Board constituted. 

4. Compensation. 

5. Assistants. 

6. Powers and duties. 

7. Distributor or producer. 

8. Extent of powers. 

9. Prices fixed. 

Be it enacted by the Senate and House of Representatives in 
Gene7'al Court convened: 

1. Declaration of Policy. It is hereby declared that a 
public emergency exists growing out of the abnormal disrup- 
tion of economic and agricultural conditions. The general 
purpose of this act is to protect and promote the public wel- 
fare and to eliminate unfair and demoralizing trade practices 
relative to the distribution and sale of milk. 

2. Definitions. Terms used in this act shall be con- 
strued as follows unless a different meaning is clearly appar- 
ent from the language or context: 

"Board" means the Milk Control Board as constituted 
herein. 



36 Chapter 21 [1935 

"Person" means any person, firm, partnership, corpora- 
tion or co-operative association. 

"Distributor" means any person who produces and sells 
or who purchases and sells more than two quarts of milk 
daily within the state for consumption within the state, ex- 
cept those who sell milk for consumption on the premises. 

"Market" means any city, town or village, or two or more 
of the same designated by the board as a natural marketing 
area. 

"Milk" means fluid milk, cream, skim milk or buttermilk, 
fresh, sour or storage, irrespective of whether or not such 
milk is flavored. 

"Producer" means any person who produces milk for 
fluid consumption and sells the same to a distributor in the 
state for consumption within the state. 

"Consumer" means any person other than a milk dis- 
tributor who purchases milk for fluid consumption. 

3. Board Constituted. There shall be a milk control 
board to consist of three members, no more than two of whom 
shall be of the same political party, to be appointed by the 
governor with the advice and consent of the council. They 
shall hold office for terms of one, two and three years, the 
length of term of each to be fixed in his commission and each 
shall continue in office until his successor has been appointed 
and qualified. .Thereafter, beginning one year from the date 
of issuance of the first commission under this act, one mem- 
ber shall be appointed each year for a term of three years and 
if a vacancy shall occur in said board it shall be filled by the 
governor with advice and consent of the council for the un- 
expired term. 

4. Compensation. The members of said board shall be 
paid five dollars a day, each, for such time as they are actu- 
ally engaged in the service of the state and their actual ex- 
penses. 

5. Assistants. Said board with the approval of the 
governor and council may employ and fix the salaries of a 
secretary and such assistants as may be necessary. 

6. Powers and Duties. The board shall have power to 
supervise, regulate and control the distribution and sale of 
milk for consumption and/or use within the state. In ad- 
ministering this act it shall have the power to conduct hear- 



1935] Chapter 21 37 

ings, subpoena and examine under oath producers and dis- 
tributors with their records, books and accounts and any 
other person from whom information may be desired to carry 
out the purposes and intent of this act and any member of 
the board may issue subpoenas and administer oaths to wit- 
nesses. The board may adopt, promulgate and enforce all 
rules and regulations necessary to carry out the provisions of 
this act and any member of the board or its representative 
shall have access to and may enter at all reasonable hours all 
places where milk is being distributed or sold. The board 
may act as mediator or arbitrator to settle any controversy or 
issue among or between producers, distributors and consum- 
ers any of whom may petition the board in writing to change 
prices or conditions in any market area. Provided that noth- 
ing in this section shall be construed to affect existing laws 
relating to milk inspection, the testing of milk and milk prod- 
ucts or to the powers of the state board of health relative to 
public health, or local health ordinances and regulations. 

7. Distributor or Producer. In case a group of pro- 
ducers of milk have formed a co-operative association engaged 
in making collective sales or marketing of milk for the pro- 
ducers thereof the board shall have power to determine in 
each case whether said association shall be classed under this 
act as a producer or distributor. 

8. Extent of Powers. The board shall not exercise its 
power in any market except upon written application of fifty 
or more consumers, or of a producer's and/or distributor's 
association supplying in the judgment of the board a sub- 
stantial proportion of the milk consumed in such market, or 
producers and/or distributors supplying a substantial propor- 
tion of the milk in the community in case there is no associa- 
tion in such community. 

9. Prices Fixed. The board, after receiving such appli- 
cation, may, after due public notice hold a hearing and inves- 
tigation, define the market, fix just and reasonable minimum 
wholesale and retail prices to be charged for milk in such 
market, may fix different minimum prices for different grades 
of milk and may fix just and reasonable minimum prices to be 
paid producers by distributors. After such determination of 
prices for milk by said board no distributor shall sell milk in 
such market at prices below those fixed by said board and no 



38 Chapter 21 [1935 

distributor shall allow discounts, rebates, free merchandise, 
price concessions or devices of any nature which will reduce 
said fixed minimum price. 

10. Licenses. The board shall require all distributors 
in any market designated by said board to be licensed by said 
board. The annual fee for such license shall be one dollar for 
distributors selling more than two quarts and not more than 
twenty quarts daily, two dollars for distributors selling more 
than twenty quarts and not more than fifty quarts daily, five 
dollars for distributors selling more than fifty quarts and not 
more than one hundred quarts daily, seven dollars and fifty 
cents for distributors selling more than one hundred quarts 
and not more than two hundred quarts daily, ten dollars for 
distributors selling more than two hundred quarts and not 
more than four hundred quarts daily, fifteen dollars for dis- 
tributors selling more than four hundred quarts daily. If in 
any market the amount received from license fees shall in the 
opinion of the board be insufficient to cover the expenses of 
administration of this act in such market said board may 
make an order requiring each producer and distributor sup- 
plying milk for such market to pay such additional sum 
as may be determined by said board provided such sum shall 
not exceed one half cent per hundred weight on all milk sold 
by said producer or distributor during each year. If at any 
time the board is of the opinion that the annual license fees 
are more than sufficient to cover said expenses of administra- 
tion said board may reduce said annual license fees for such 
time as said board may determine. The board may, upon 
proper evidence decline to grant, and may after due notice and 
public hearing suspend or revoke a license. Any distributor 
who fails to take out such license shall be subject to the pen- 
alties provided for in section 13 hereof. 

11. Records. All distributors in any market designated 
by the board shall keep such records and make such reports 
as the board directs. 

12. Receipts. All moneys received by the board from 
distributors and producers under the provisions hereof shall 
be turned into the state treasury. The state treasurer shall 
hold all moneys so received in a separate fund and shall pay 
out the same upon warrant of the governor for such purposes 
of this act as may be approved by the board. No expsndi- 



1935] Chapter 21 39 

tures under this act shall be made except from moneys in said 
special fund. 

13. Penalties. Whoever violates any provision of this 
act or any rule or regulation of the board made hereunder, or 
whoever fails to answer subpoena or to testify before the 
board shall be fined not exceeding one hundred dollars or be 
imprisoned for not more than one year, or both, and each day 
during which such violation shall continue shall be deemed a 
separate violation. 

14. Conferences Authorized. The board shall have power 
to confer and agree with legally constituted similar boards of 
other states or agencies of the federal government and to 
adopt necessary regulations to effect uniform milk control in 
order to insure for New Hampshire producers the benefits ac- 
cruing from market stabilization. 

15. Limitations on Act. Nothing in this act shall be 
construed to prevent a co-operative association of producers 
organized under the co-operative laws of this state or comply- 
ing with the requirements of the Capper- Volstead Act of the 
federal laws engaged in making collective sales or marketing 
of milk for the producers thereof, from blending the net pro- 
ceeds of its sales and paying its producers such blended prices 
with such deduction of differentials as may be authorized by 
the contracts between such association and its members. 

16. Termination of Act. The period of public emer- 
gency mentioned in section 1 of this act shall be until such 
date as the legislature may, by joint resolution, designate to 
be the termination thereof, or if the legislature be not in ses- 
sion the date so designated by a proclamation of the governor 
with the consent of the council. 

17. Constitutionality. If any provision of this act or 
the application thereof to any person or circumstances is held 
invalid the remainder of the act and the application of such 
provisions to other persons or circumstances shall not be af- 
fected thereby. 

18. Takes Effect. This act shall take effect upon its 
passage. 

[Approved March 16, 1935.] 



Section 

2. Takes effect. 



40 Chapter 22 [1935 

CHAPTER 22. 

AN ACT RELATING TO THE SALE OF LIQUOR. 

Section 

1. Requisitions for purchase of 
liquor not to be signed. 

Be it enacted by the Senate and House of Representatives in 
General Cow^t convened: 

1. Purchase of Liquor. Amend section 16 of chapter 3 of 
the special session Laws of 1934 by striking out in lines 13, 
14 and 15 the words, "Each purchaser of hquor from a state 
store or a sales agent shall sign a requisition therefor in such 
form as the commission shall prescribe," and inserting in place 
thereof the following: Purchases of liquor shall be made on 
requisitions in such form as the commission may prescribe, 
so that said section as amended shall read as follows: 16. 
Packages. All liquor sold in state stores shall be sold for con- 
sumption off the premises. Such liquor shall be in packages, 
sealed with the seal of the commission, containing such quan- 
tity as said commission shall prescribe; and the commission 
is authorized to prescribe the form of the bottle and package, 
and to bottle such liquor as it may deem necessary and proper. 
The price of all liquor sold shall be sufficient to pay for the 
cost of the hquor purchased, plus the operating expenses of 
the state stores, plus a proportionate part of the overhead 
expenses of the commission, plus an additional charge; all to 
be determined by the commission. Each package shall have 
the price fixed by the commission stamped clearly thereon. 
Purchases of liquor shall be made on requisitions in such form 
as the commission may prescribe. Said commission is here- 
by authorized to limit the amount of hquor which may be 
purchased by any person at any one time and liquor sold in a 
state store shall not be consumed in any public place. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 20, 1935.] 



1935] Chapter 23 41 

CHAPTER 23. 

AN ACT RELATING TO SALE OF CERTAIN ALCOHOLIC BEVERAGES. 



Section 

1. Permits for restaurants or 
clubs. 



Section 

2. Application of act. 

3. Takes effect. 



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

1. Permits. Amend section 8 of chapter 99 of the Laws 
of 1933 by striking out the last sentence of said section and 
inserting in place thereof the following: No such permit 
shall be issued for any restaurant or club which has not been 
established and doing business for at least six months, during 
the calendar year, prior to the application for such permit; 
provided that it shall be within the discretion of the commis- 
sion to issue a permit to any restaurant or club doing business 
only during the summer season when such restaurant or club 
has been established and doing business for at least two 
months during the calendar year prior to the application for 
such permit. It shall be within the discretion of the commis- 
sion to issue to a permittee under this act a special permit to 
sell beverages, so that said section as amended shall read as 
follows : 8. On-Sale . On-sale permits shall be issued on- 
ly for restaurants or hotels or for clubs. Such permits shall 
authorize the permittee to sell beverages for consumption on 
the premises designated in the permit ; in the case of restau- 
rants, at public tables upon the premises designated in the 
permit, but no beverage shall be sold or served in any room 
not used primarily for the serving and consumption of food; 
except that beverages may be sold or served to assemblages 
of more than six individuals in private rooms or at private 
tables when expressly authorized by the commissioners; or 
in the case of hotels or clubs, at tables or in rooms of guests 
or members. No such permit shall be issued for any restau- 
rant or club which has not been established and doing busi- 
ness for at least six months, during the calendar year, prior 
to the application for such permit; provided that it shall be 
within the discretion of the commission to issue a permit to 
any restaurant or club doing business only during the summer 
season when such restaurant or club has been established and 
doing business for at least two months during the calendar 
year prior to the application for such permit. It shall be 



42 Chapter 24 [1935 

within the discretion of the commission to issue to a permit- 
tee under this act a special permit to sell beverages. 

2. Application of Act. The change in the requirement in 
regard to the time a restaurant shall have been in business 
before receiving a permit provided for by the above amend- 
ment shall not affect permits heretofore issued to restaurants 
nor to renewals of the same. 

3. Takes Effect. This act shall take eifect upon its pas- 
sage. 

[Approved March 20, 1935.] 



CHAPTER 24. 

AN ACT RELATING TO THE PRACTICE OF DENTISTRY. 



Section 

1. Change in date. 

2. Licenses. 



Section 

3. Dental-hygienists. 

4. Takes eftect. 



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

1. Change in Date. Amend section 4 of chapter 205 of 
the Public Laws by striking out the words "December thirty- 
first" and inserting in place thereof the words June thirty, 
so that said section as amended shall read as follows: 4. 
Report; Receipts. The board shall make an annual report of 
its proceedings to the governor by June thirty in each year, 
and all fees and fines received by the board shall be paid 
monthly by the secretary-treasurer to the state treasurer. 

2. Licenses. Amend section 15 of chapter 205 of the Pub- 
lic Laws by striking out the entire section and inserting in 
place thereof the following: 15. Refusal; Revocation. The 
board, after hearing, may refuse to issue a license, or may re- 
voke any license issued under this act, if the licensee has been 
guilty of unprofessional, dishonorable or immoral conduct; or 
if the licensee in advertising his business has included in any 
newspaper, radio, display sign or other advertisement any 
statement of a character tending to deceive or mislead the 
public; or in any advertising has included any statement 
claiming professional superiority; or has advertised in any 
way the performance of professional services in a superior 
manner ; or has advertised the performance of painless opera- 
tions of a dental or oral surgical nature; or has advertised 
definite and fixed prices for services and materials when the 



1935] Chapter 25 43 

nature of the professional service rendered and the materials 
required must be variable ; or has advertised the use of any 
drug or medicine of an unknown formula ; or has advertised 
any system of anaesthetics that is unnamed, misnamed, mis- 
represented or not in reality used; or has advertised by means 
of signs or printed advertisements or show cases, containing 
therein the representation of a tooth, teeth, dental restoration 
of any kind, or any portion of the human head or neck, or 
photographs of any person. 

3, DentaJ-Hygienists. Amend section 19 of chapter 205 
of the Public Laws by striking out the word "twenty" in the 
second line and inserting in place thereof the word eighteen 
so that said section as amended shall read as follows: 19. 
Eligibility; Examination; Registration. Any person of good 
moral character and eighteen years of age or over, who is a 
graduate of a training school for dental-hygienists requiring 
a course of not less than one academic year and approved by 
said board, or who is a graduate of a training school for nurses 
and has received three months' clinical training in dental hy- 
giene in any such training school for dental-hygienists, may, 
upon the payment of ten dollars, be examined by said board 
in the subjects considered essential by it for a dental-hy- 
gienist, and, if his examination is satisfactory, shall be regis- 
tered as a dental-hygienist and given a certificate allowing him 
to clean teeth under the direction of a registered dentist of 
this state, and in public or private schools or institutions, upon 
approval by the local board of health. 

4. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 20, 1935.] 



CHAPTER 25. 

AN ACT RELATING TO SERVICE OF PROCESS UPON DEALERS IN 

SECURITIES. 



Section 

2. Takes effect. 



Section 

1. Service of process. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Service of Process. Amend section 9 of chapter 284 
of the Public Laws by adding at the end of said section the 
following: Service of such process shall be made by leaving 



44 Chapter 26 [1935 

a copy of the process in the hands of the commissioner or in 
his office and paying to the commissioner a fee of two dollars, 
so that said section as amended shall read as follows: 9. 
Non-resident's Agent. Every non-resident dealer shall file an 
irrevocable power of attorney, properly authorized, and with 
satisfactory certificates or other evidence of the authorization, 
appointing the commissioner his agent for the service of legal 
process upon the dealer in any action in the courts of this 
state based upon, or arising in connection with, any sale of, 
attempt to sell, or advertising of, securities in this state, or 
any violation of this chapter. Service of such process shall 
be made by leaving a copy of the process in the hands of the 
commissioner or in his office and paying to the commissioner 
a fee of two dollars. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 20, 1935.] 



CHAPTER 26. 

AN ACT RELATIVE TO BRIDGES ON STATE-AIDED HIGHWAYS. 



Section 

4. Bridge crossing boundary. 

5. Maintenance of bridges. 

6. Takes effect. 



Section 

1. Title of chapter amended. 

2. Trestle work not included in 

definition of bridge. 

3. Bridges on state-aided high- 

ways. 

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

1. Title Amended. Amend the title of chapter 85 of the 
Public Laws by striking out the words "trunk lines and" so 
that the title shall read as follows: Bridges on State- Aided 
Highways. 

2. Trestle Work Not Included. Amend section 1 of said 
chapter 85 by striking out the words "any trestle work" so 
that the section as amended shall read as follows: 1. 
Bridge Defined. The word bridge when used herein shall mean 
a structure having a clear opening exceeding ten feet in length, 
spanning a water course or other opening or obstruction on 
a public highway, to carry the traffic across, including the 
substructure, superstructure and approaches thereto. 

3. Amendment. Amend section 2 of said chapter 85 as 
amended by chapter 131 of the Laws of 1929 and chapter 67 



1935] Chapter 26 45 

of the Laws of 1931 by striking out the words "trunk line 
or" in the third line so that said section as amended shall 
read as follows : 2. Cost, How Borne. When public conven- 
ience and necessity require the building or rebuilding of any 
bridge on any state-aided highway the cost thereof shall be 
borne as follows : 

I. In towns whose valuation does not exceed $250,000: 
The town shall pay one third and the state two thirds for 
bridges whose cost does not exceed $3,000; the town shall 
pay one fourth and the state three fourths for bridges whose 
cost is more than $3,000 and does not exceed $6,000 provided 
that the town's share shall not be less than $1,000; the town 
shall pay one fifth and the state four fifths for bridges whose 
cost is more than $6,000 and does not exceed $16,000 provided 
that the town's share shall not be less than $1,500; the town 
shall pay one sixth and the state five sixths for bridges whose 
cost exceeds $16,000 provided that the town's share shall not 
be less than $3,200 and the state's share not more than 
$20,000. 

II. In towns whose valuation is more than $250,000 and 
not more than $500,000: The town shall pay one half and 
the state one half for bridges whose cost does not exceed 
$3,000 ; the town shall pay one third and the state two thirds 
for bridges whose cost is more than $3,000 and does not exceed 
$6,000 provided that the town's share shall not be less than 
$1,500; the town shall pay one fourth and the state three 
fourths for bridges whose cost is more than $6,000 and does 
not exceed $16,000 provided that the town's share shall not 
be less than $2,000 ; the town shall pay one fifth and the state 
four fifths for bridges whose cost exceeds $16,000 provided 
that the town's share shall not be less than $4,000 and the 
state's share not more than $20,000. 

III. In towns whose valuation is more than $500,000 and 
not more than $1,000,000: The town shall pay one half and 
the state one half for bridges whose cost does not exceed 
$6,000 ; the town shall pay one third and the state two thirds 
for bridges whose cost is more than $6,000 and does not exceed 
$16,000 provided that the town's share shall not be less than 
$3,000; the town shall pay one fourth and the state three 
fourths for bridges whose cost exceeds $16,000 provided that 
the town's share shall not be less than $5,333 and the state's 
share not more than $20,000. 



46 Chapter 26 [1935 

IV. In towns whose valuation is more than $1,000,000 
and not more than $1,500,000: The town shall pay one half 
and the state one half for bridges whose cost does not exceed 
$16,000 ; the town shall pay one third and the state two thirds 
for bridges whose cost exceeds $16,000 provided that the 
town's share shall not be less than $8,000 and the state's share 
not more than $20,000. 

V. In towns whose valuation is more than $1,500,000: 
The town shall pay one half and the state one half for all 
bridges provided that the state's share shall not exceed 
$20,000. 

4. Amendment. Amend section 12 of said chapter 85 of 
the Public Laws by adding at the end thereof the following: 
The proportion of the cost to be borne by the state in accord- 
ance with section 2 shall be determined on the basis of one 
half the sum of the last valuation of the said two municipali- 
ties, so that said section as amended shall read as follows: 
12. Bridge Crossing Boundary. When a bridge is to be 
built or rebuilt, which crosses the boundary line between two 
municipalities, the provisions of this chapter shall apply to 
each. In such cases the municipal officers of each municipal- 
ity shall sit upon the board provided for in section 4, and all 
plans and specifications shall be approved by a majority of said 
board. The proportional parts of the costs to be borne by the 
municipalities under the provisions of section 2 shall be appor- 
tioned between them in proportion to their last valuation, in 
the absence of any legal agreement, judgment or legislative 
enactment in effect January 1, 1921, regulating such division 
of cost. The proportion of the cost to be borne by the state 
in accordance with section 2 shall be determined on the basis 
of one half the sum of the last valuation of the said two 
municipalities. 

5. Amendment. Amend section 13 of chapter 85 of the 
Public Laws by striking out at the end thereof the words "ex- 
cept that assistance shall be rendered as provided for high- 
ways by chapter 84" so that section 13 as amended shall read 
as follows: 13. Maintenance. All bridges within any city, 
town or place improved by the expenditure of said joint fund 
shall thereafter be maintained by city, town or place within 
which they are located at its expense, and to the satisfaction 
of the highway commissioner; and in case any city, town or 



1935] 



Chapter 27 



47 



place shall neglect to make repairs ordered by him, such re- 
pairs shall be made under his direction at the expense of the 
state, and the cost thereof plus six per cent shall be added to 
the state tax for such municipality for the next year. 

6. Takes EflFect. This act shall take effect upon its pas- 
sage. 

[Approved March 22, 1935.] 







CHAPTER 27. 


AN 


ACT RELATING TO 


HORSE RACING AND CREATING A STAl 




RACING COMMISSION. 


Section 




Section 


1. 


State racing commission. 


15. 


Tax on pari mutuel pools 


2. 


Racing fund. 




16. 


Payment. 


3. 


Office. 




17. 


Unclaimed ticket money. 


4. 


Assistants. 




18. 


Limitation. 


5. 


Compensation. 




19. 


Records. 


6. 


Disbursements. 




20. 


Minors. 


7. 


Report of the commission. 


21. 


Employees. 


8. 


Rules and Regulations. 


22. 


Supervision. 


9. 


Races. 




23. 


Breeding. 


10. 


License. 




24. 


Constitutionality. 


11. 


Issuance of license. 




25. 


Effect on other laws. 


12. 


Bond 




26. 


Enforcement. 


13. 


Penalty. 




27. 


Takes effect. 


14. 


Pari mutuel pools. 









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

1. State Racing Commission. There shall be and hereby 
is created a state racing commission consisting of three mem- 
bers, not more than two of whom shall be of the same political 
party, who shall be appointed and may be for cause removed 
by the governor with the advice and consent of the council. 
One member shall be appointed for one year, one for two years 
and one for three years, and upon the expiration of their 
terms of office their successors shall be appointed for a term 
of three years. The governor, with the advice and consent of 
the council, shall appoint and commission one member as 
chairman, and one member as secretary. Any vacancy shall 
be filled by appointment for the unexpired term. The mem- 
bers shall serve until their successors are appointed and quali- 
fied. No member of the commission shall have anv pecuniary 
interest in any racing or the sale of pari mutuel pools licensed 
under the provisions of this act. 

2. Racing Fund. The state treasurer shall keep a sep- 



48 Chapter 27 [1935 

arate account to be known as the racing fund, to which shall 
be credited all money received from the tax on admissions and 
tax on contributions to pari mutuel pools as provided for in 
this act. Said fund shall, after paying the expense of collec- 
tion thereof and all other expenditures provided for herein, 
be covered at intervals of three months into the special fund 
constituted by chapter 126 of the Laws of 1931, entitled "An 
act providing a special fund for the rehabilitation of treasury 
balances and the retirement of state indebtedness" and dis- 
tributed in accordance therewith. 

3. Office. The commission shall have an office in Concord 
and during the time in which racing is conducted in the state 
may maintain branch offices elsewhere. 

4. Assistants. The commission, with the approval of the 
governor and council, is authorized to employ such assistants 
and employees as it may deem necessary to provide adequate 
policing and to carry out the purposes of this act at such com- 
pensation on a per diem basis as the commission may pre- 
scribe. Provided, however, it shall be unlawful for the com- 
mission to appoint to any position under its jurisdiction any 
state, county, city or town official or employee whose total 
annual salary or compensation from said state, county, city or 
town exceeds one thousand dollars. 

5. Compensation. Each member of the commission shall 
receive a salary of twelve hundred dollars a year and his rea- 
sonable expenses, including transportation, incurred in the 
performance of his duties, to be audited and allowed by the 
governor and council. 

6. Disbursements. The compensation of the commis- 
sioners, expenses of the commissioners, compensation of as- 
sistants and other necessary expenses of the commission, 
including suitable furniture, equipment, supplies and office ex- 
pense, shall be charged to and paid out of the funds received 
under the provisions of this act, provided that no payment 
shall be made until sufficient money has been received under 
the provisions of this act to cover said payments. 

7. Report of the Commission. The commission shall make 
an annual report to the governor on or before the first day of 
February in each year, including therein an account of its 
actions, receipts derived under the provisions of this act, the 
practical effects of the application of this act, and any rec- 



1935] Chapter 27 49 

ommendation for legislation which the commission deems 
advisable. 

8. Rules and Regulations. Said commission shall make 
rules and regulations for the holding, conducting and operat- 
ing of all running or harness horse races or meets for public 
exhibition held in this state and for the operation of race 
tracks on which any such race or meet is held. No such race 
or meet shall be permitted on Sunday. 

9. Races. No person, association or corporation shall con- 
duct, hold or operate any running or harness horse race or 
meet for public exhibition within the state without a license 
from the state racing commission. 

10. License. Any person, association or corporation de- 
siring to hold a running or harness horse race or meet for 
public exhibition shall apply to said commission for a license 
to do so. The application shall be signed and sworn to by the 
person or executive officer of the association or corporation 
and shall contain the following information: 

(a) The full name and address of the person, association 
or corporation. 

(b) If an association, the names and residences of the 
members of the association, 

(c) If a corporation, the name of the state under which 
it is incorporated with its principal place of business and the 
names and addresses of its directors and stockholders. 

(d) The exact location where it is desired to conduct or 
hold races or race meets. 

(e) Whether or not the racing plant is owned or leased, 
and if leased, the name and residence of the fee owner, or if a 
corporation, of the directors and stockholders thereof. 

(f) A statement of the assets and liabilities of the per- 
son, association or corporation making such application. 

(g) Such other information as the commission may re- 
quire. 

11. Issuance of License. If the commission is satisfied 
that all the provisions of this act and the rules and regula- 
tions prescribed by the commission have been and will be 
complied with by the person, association or corporation apply- 
ing for a license, it may issue a license which shall expire on 
the thirty-first day of December. The license shall set forth 
the name of the licensee, the place where the races or race 
meets are to be held, and the time and number of days during 



50 Chapter 27 [1935 

which racing may be conducted by said licensee. Any such 
license issued shall not be transferable nor assignable. Said 
commission shall have power to revoke any license issued at 
any time for good cause upon reasonable notice and hearing. 
The license of any corporation shall automatically cease upon 
the change in ownership, legal or equitable, of fifty per cent 
or more of the voting stock of the corporation and the corpo- 
ration shall not hold a running or harness horse race or meet 
for public exhibition without a new license. 

12. Bond. Every person, association or corporation 
licensed under this act shall, before said license is issued, give 
a bond to the state in such reasonable sum not exceeding 
$50,000 as may be fixed by the commission, with a surety or 
sureties to be approved by the commission, conditioned to 
faithfully make the payments prescribed by this act and to 
keep its books and records and make reports as herein pro- 
vided and to conduct its racing in conformity with this act and 
the rules and regulations prescribed by the commission. 

13. Penalty. Any person, association or corporation hold- 
ing or conducting, or any person or persons aiding or abetting 
in the holding or conducting of any running or harness horse 
race or meet for public exhibition within the state without a 
license duly issued by said commission, or any person, associ- 
ation or corporation who violates any of the provisions of this 
act or who violates any of the rules and regulations pre- 
scribed by the commission, shall be fined not more than five 
thousand dollars or imprisoned for not more than one year, or 
both. 

14. Pari Mutuel Pools. Within the enclosure of any race 
track where is held a race or race meet licensed and conducted 
under this act, but not elsewhere, the sale of pari mutuel 
pools under such regulations as may be prescribed by said 
commission, is hereby permitted and authorized during the 
years 1935, 1936, 1937 and 1938. Commissions on such pools 
shall in no event and at no track exceed ten per cent and the 
odd cents of all redistribution to be made on all mutuel con- 
tributions exceeding a sum equal to the next lowest multiple 
of five. Said maximum shall include the three and one-half 
per cent tax hereinafter prescribed. 

15. Tax on Pari Mutuel Pools. Each person, association 
or corporation licensed to conduct a race or race meet under 
this act shall pay to the state treasurer for the use of the 



1935] Chapter 27 51 

state a sum equal to three and one-half per cent of the total 
contributions to all pari mutuel pools conducted or made at 
any race or race meet licensed under this act. Such person, 
association or corporation also shall pay to the city or town 
treasurer in which the racing plant is located the sum of two 
hundred and fifty dollars for each day of racing, provided 
said person, association or corporation has a license to con- 
duct races or race meets for more than eight days during the 
year for which the license is issued. If said person, associa- 
tion or corporation has a license to conduct races or race meets 
for less than eight days during the year for which the license 
is issued, the per diem fee to be paid to the city or town 
treasurer shall be determined by the commission. 

16. Payment. Said payment under the preceding sec- 
tion shall be made not later than seven days after each race 
and shall be accompanied by a report under oath showing the 
total of all said contributions to pari mutuel pools covered by 
such report and such other information as the commission 
may require. 

17. Unclaimed Ticket Money. On or before the first 
Monday in December of each year, every person, association 
or corporation conducting a race or race meet under this act, 
shall pay to the state treasurer all moneys collected during the 
year for pari mutuel pool tickets which have not been re- 
deemed. The books or records which clearly show the tickets 
entitled to reimbursement in any given race shall be for- 
warded to the commission. Said moneys shall be retained 
by the state treasurer and he shall pay the amount due on 
any ticket to the holder thereof upon an order from the com- 
mission. After the expiration of three years, any of such 
moneys still in the custody of the state treasurer shall 
become a part of the general funds of the state. 

18. Limitation. No part of this act shall be construed to 
apply to any racing whatever except running or harness 
horse races. 

19. Records. Every person, association or corporation 
conducting a race or race meet under this act shall so keep 
its books and records as to clearly show the total number of 
admissions and the total amount of money contributed to 
every pari mutuel pool on each race separately and the 
amount of money received daily from admission fees, and 
within sixty days after the conclusion of every race meeting 



52 Chapter 27 [1935 

shall submit to the commission a complete audit of its 
accounts, certified by a public accountant qualified to practice 
in the state of New Hampshire and approved by the commis- 
sion. 

20. Minors. No minor, whether attending a race or em- 
ployed in any manner on or about a race track, shall be per- 
mitted to participate in any pari mutuel pool or be admitted 
to any pari mutuel enclosure. 

21. Employees. At least eighty-five per cent of the 
persons employed by a person, association or corporation 
conducting a racing plant under the provisions of this act 
shall be residents of New Hampshire who have resided in this 
state for a period of not less than one year, and said commis- 
sion is hereby directed to see that this provision is complied 
with. The provisions of this section shall not apply to the 
construction of a racing plant or its equipment. 

22. Supervision. Said commission shall have the power 
and authority to regulate, supervise and check the making of 
pari mutuel pools and the distributions therefrom. Said 
commission shall have the further power and authority to 
investigate as to the direct and indirect ownership and con- 
trol of any licensee, and any expense incurred by the commis- 
sion in so doing shall be at the expense of such licensee or of 
the applicant for a license. 

23. Breeding. Said commission shall encourage and pro- 
mote the improvement of the breed of horses in New Hamp- 
shire. The commission may accept donations of thoroughbred, 
standardbred or other well-bred stallions by licensees or 
others to the state of New Hampshire for this purpose. The 
commission may co-operate with and aid the officials of the 
University of New Hampshire in furthering this program. 

24. Constitutionality. If any provision of this act or the 
application thereof to any person, association, corporation or 
circumstances is held invalid the remainder of the act and 
the application of such provisions to other persons, associa- 
tions, corporations or circumstances shall not be affected 
thereby. 

25. Effect on Other Laws. Chapter 62 of the Laws of 
1933 and all acts inconsistent with the provisions of this act 
are hereby repealed, and sections 17, 18, 19 and 20 of chap- 
ter 384 of the Public Laws shall not apply to pari mutuel pools 
provided for herein. 



1935] Chapter 28 53 

26. Enforcement. It shall be the duty of the attorney- 
general with the aid of the solicitors of the several counties 
to enforce the provisions of this act upon notification from 
said commission of any violations thereof. 

27. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 22, 1935.] 



CHAPTER 28. 

AN ACT RELATIVE TO FURNISHING INFORMATION TO PROSE- 
CUTING OFFICERS. 



Section 

3. Takes effect. 



Section 

1. Unlisted telephones. 

2. Penalty. 

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

1. Unlisted Telephones. If the attorney-general upon 
his own motion or upon the request of any county solicitor or 
chief of police shall deem it necessary in connection with the 
prevention or punishment of crime to obtain the numbers and 
locations of any unlisted telephones in any specified city or 
town, any telephone or telegraph company operating in such 
city or town shall furnish such numbers and locations upon 
the written request of the attorney-general, provided, how- 
ever, that no disclosure shall be made by such officials of any 
information so furnished except so far as may be necessary 
in connection with the prevention and punishment of crime. 

2. Penalty. Any official of such telephone or telegraph 
company who shall refuse or neglect to give information as 
required in section 1 shall be fined not exceeding one hundred 
dollars. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 26, 1935.] 



54 Chapter 29 [1935 

CHAPTER 29. 

AN ACT RELATING TO NUISANCES. 



Section 

1. Nuisances. 

2. Privies; Drains. 



Section 

3. Penalty. 

4. Takes effect. 



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

1. Nuisances. Amend section 4 of chapter 140 of the Pub- 
lic Laws by striking out therefrom in the second line and 
again in the seventh line the words "or enclosure" and substi- 
tuting in place thereof the words, premises or property, so that 
said section as amended shall read: 4. Removal, Notice. 
They may notify the owner or occupant of any building, ves- 
sel, premises or property to remove or destroy any nuisance or 
other thing therein deemed by them, on examination, to be in- 
jurious to the public health, within a time limited ; and in case 
the owner or occupant, after such notice in writing, given to 
him or left at his abode, shall neglect to comply therewith, the 
health officers may forcibly enter such building, vessel, prem- 
ises or property and cause the nuisance or other thing to be 
removed or destroyed. 

2. Privies; Drains. Amend section 10 of said chapter 140 
by striking out therefrom in the first line the words, "no house 
of easement or privy," and substituting therefor the words, no 
privy, toilet, sinkdrain, cesspool, septic tank, or the discharges 
therefrom, so that said section as amended shall read: 10. 
Nuisances When. No privy, toilet, sinkdrain, cesspool, septic 
tank, or the discharges therefrom, and no pen or sty for swine, 
shall be erected or continued in such place or condition as, in 
the judgment of the health officers, to be a nuisance or in- 
jurious to the public health. 

3. Penalty. Amend section 11 of said chapter 140 by in- 
serting in the tenth line thereof, after the word "section" the 
words, or of section 4, so that said section as amended shall 
read: 11. Discontinuance ; Penalty. The health officers may, 
by notice in writing, order the discontinuance of any such nui- 
sance ; and may order that a privy located within one hundred 
feet of a public sewer shall be connected therewith. In cities 
or towns having a water and sewerage system the health 
officers may by like notice order the discontinuance of any 
privy or vault located on premises within one hundred feet 



1935] Chapter 30 55 

of a public sewer, and the establishment of a water or flushing 
closet connected with such sewer. If any person shall con- 
tinue the nuisance after such order from the health officers, 
or shall neglect to comply with an order made under the pro- 
visions of this section, or of section 4, he shall be fined not 
more than ten dollars for each day of such continuance or 
neglect. 

4. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 26, 1935.] 



CHAPTER 30. 

AN ACT TO AUTHORIZE THE PURCHASE OF FIELD NOTES OF 
DECEASED SURVEYORS AND CIVIL ENGINEERS. 



Section 

2. Takes effect. 



Section 

1. Real estate records, pur- 
chase of. 

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

1. Real Estate Records. Amend chapter 19 of the Public 
Laws by adding after section 8 the following new section: 
8-a. Purchases of Personal Property Authorized. The gov- 
ernor and council may expend a sum not to exceed five thou- 
sand dollars ($5,000) in any calendar year for the purpose of 
purchasing from the estates of deceased surveyors and civil 
engineers such field notes, maps and other records prepared 
by them as will be of value in preserving real estate records 
of the state of New Hampshire; and may direct the highway 
commissioner or other engineers to examine such records as 
are for sale for the purpose of ascertaining their value to the 
public. The governor is authorized to draw his warrant for 
the payment of same out of any money in the treasury not 
otherwise appropriated. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 26, 1935.] 



56 Chapters 31, 32 [1935 

CHAPTER 31. 

AN ACT RELATIVE TO KEEPING LIQUOR FOR SALE. 

Section I Section 

1, Keeping liquor for sale. | 2. Takes effect. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Keeping for Sale. Amend section 18 of chapter 3 of 
the Laws of the special session of 1934, by adding after 
the word "sell" in the second line the words, or keep for sale, 
so that said section as amended shall read as follows: 18. 
Licenses Required. No person shall manufacture for sale or 
sell or keep for sale any liquor or beverage without first ob- 
taining a license or permit therefor under the provisions of 
this act, or chapter 99 of the Laws of 1933. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 26, 1935.] 



CHAPTER 32. 

AN ACT RELATING TO BANKS. 



Section 

5. Deduction of bonds or notes 

guaranteed by the United 
States from computation 
of savings bank tax. 

6. Takes effect. 



Section 

1. Investments. 

2. Unsecured notes. 

3. Obligations of national mort- 

gage associations. 

4. Temporary provisions rela- 

tive to certain mortgage 
bonds of railroad, etc. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Investments. Amend section 3, chapter 262 of the 
Public Laws by adding after paragraph I the following new 
paragraph : I-a. Loans Insured by the Federal Housing 
Administrator. Those secured by mortgage which the fed- 
eral housing administrator has insured or made commitment 
to insure pursuant to Title II of the National Housing Act; 
debentures of the mutual mortgage insurance fund as set 
forth in section 204 of said act, which are fully guaranteed as 
to principal and interest by the United States, The authority 
to invest in loans described in paragraph I and this paragraph 
shall be so exercised that the total amount invested in such 
loans shall not exceed seventy-five per cent of the deposits. 



1935] Chapter 32 57 

2. Amendment. Amend paragraph VII, section 3, chap- 
ter 262 of the Public Laws as amended by section 9, chapter 
96 of the Laws of 1931, by adding to said paragraph the fol- 
lowing: Except that the provisions of this paragraph shall 
not apply to notes eligible for insurance by the federal housing 
administrator provided a contract of insurance exists between 
the holder and the federal housing administrator as provided 
in Title I of the National Housing Act. The provisions of 
Public Laws chapter 288, section 2, that a wife shall not 
be bound by her undertaking for her husband or in his be- 
half shall not apply to loans made under the provisions of the 
National Housing Act, so that said paragraph as amended 
shall read as follows: VII. Unsecured. Notes with two 
or more signers, or one or more endorsers, or notes of makers 
whose net assets are not less than two hundred and fifty 
thousand dollars and whose total indebtedness does not exceed 
fifty per cent of their quick assets. Not exceeding ten per cent 
of the deposits shall be invested under the provisions of this 
paragraph and not exceeding two per cent of the deposits shall 
be so loaned to any one borrower; provided, that, except in 
notes with two or more signers, or one or more endorsers, no 
savings bank shall invest under this paragraph unless its guar- 
anty fund is full and unimpaired and the total value of its as- 
sets as determined by the commissioner exceeds the amount of 
its deposits by at least ten per cent. All notes accepted under 
the provisions of this paragraph shall be payable at a definite 
time not later than six months from date and shall not be 
renewed or the indebtedness represented thereby extended 
without the approval of the investment committee or the 
board of directors or trustees. Except that the provisions of 
this paragraph shall not apply to notes eligible for insurance 
by the federal housing administrator provided a contract of 
insurance exists between the holder and the federal housing 
administrator as provided in Title I of the National Housing 
Act. The provisions of Public Laws chapter 288, section 2, 
that a wife shall not be bound by her undertaking for her 
husband or in his behalf shall not apply to loans made under 
the provisions of the National Housing Act. 

3. Amendment. Amend section 3, chapter 262 of the Pub- 
lic Laws by adding after paragraph Vlll-a, as inserted by sec- 
tion 2, chapter 27 of the Laws of 1933, the following new para- 



58 Chapter 32 [1935 

graph: Vlll-b. Obligations of National Mortgage As- 
sociations. Notes, bonds, debentures or other similar 
obligations issued by national mortgage associations created 
in accordance with the provisions of Title III of the National 
Housing Act. 

4. Amendment. Certain Mortgage Bonds of Railroads, 
etc. Amend chapter 262 of the Public Laws by adding after 
section 22, as inserted by chapter 96, Laws of 1931, as amended 
by section 8, chapter 67, Laws of 1933, the following section: 
23. Temporary Provisions. Until May 15, 1937, mortgage 
bonds and senior obligations of railroads, public utilities, or 
industrial companies, except holding companies, incorporated 
and operating within the boundaries of the United States shall 
be legal for investment by savings banks and savings depart- 
ments of trust companies, upon certification by a Board of 
Investments and approval by the bank commissioner. Said 
board shall consist of five members appointed by the governor 
with the advice and consent of the council. Members shall 
serve without pay, but shall be reimbursed for actual expenses 
incurred in attending meetings or obtaining information upon 
which to base their decisions. No member shall be engaged 
in the business of buying or selling securities. No securities 
shall be certified except those of companies incorporated and 
doing business prior to January 1, 1920 which are rated A, 
AA, or AAA or equivalent by not less than two recognized 
investment services approved by the bank commissioner.* 

Until May 15, 1937, savings banks and savings departments 
of trust companies may with the written approval of the com- 
missioner and not otherwise, reinvest the proceeds of sales 
of steam railroad securities described in paragraph I of section 
12 of chapter 262 of the Public Laws, in mortgage bonds de- 
scribed in said paragraph I of companies having an annual 
net' income of not less than $2,000,000, provided such railroad 
companies have earned their fixed charges in each of the next 
preceding three years and have met all interest and maturing 
principal payments without default. For the purposes of this 
temporary provision mortgage bonds are defined to be bonds 
secured by (a) a first mortgage or a mortgage or trust inden- 
ture which is in effect a first mortgage, on property owned or 
operated by such railroad company, or (b) a refunding mort- 
gage which covers at least seventy-five per cent of railroad 



* Amended, chapter 119, post. 



1935] Chapter 32 59 

owned in fee by such railroad company at the date of the 
mortgage, and provides for the retirement of all outstanding 
mortgage debts which are a prior lien upon such railroad 
owned in fee and covered by said refunding mortgage at the 
date thereof. 

Until May 15, 1937, savings banks and savings departments 
of trust companies may with the written approval of the com- 
missioner and not otherwise, reinvest the proceeds of sales 
of bonds of public service companies described in paragraph 
VIII of section 12 of chapter 262 of the Public Laws in mort- 
gage bonds issued, assumed or guaranteed as to principal and 
interest by public service companies, provided such bonds were 
eligible for such investment on April 9, 1931, and the net in- 
come of the company which issued or have assumed or guaran- 
teed the same shall in each of the three years preceding such 
investment have been not less than one and one-half times the 
annual interest on the obligations in question and all other 
obligations of corresponding or prior lien. 

5. Amendment. Amend section 9 of chapter 70 of the 
Public Laws, as amended by section 2, chapter 46 of the Laws 
of 1929, by adding after the words "United States bonds" in 
the twenty-first line the words; and in bonds, notes or deben- 
tures the principal or interest of which is guaranteed by the 
United States; so that said section, as amended, shall read: 
9. Tax and Deductions. Every such corporation, except 
building and loan associations, organized under the laws of 
this state, and credit unions organized under chapter 267 of 
the Public Laws, shall pay to the state treasurer annually, 
on October first, an excise tax for the privilege of conducting 
the business of a savings bank or other such corporation, 
equal in amount to in 1926 seventeen twenty-fourths of one 
per cent, in 1927 sixteen twenty-fourths of one per cent, in 
1928 fifteen twenty-fourths of one per cent, in 1929 fourteen 
twenty-fourths of one per cent, in 1930 thirteen twenty- 
fourths of one per cent and in 1931 and annually thereafter 
twelve twenty-fourths of one per cent upon the amount of the 
savings deposits on which it pays interest, after deducting 
the value of all its real estate wherever situated and the value 
of all its loans secured by mortgage upon real estate situated 
in this state made at a rate not exceeding five per cent per 
annum; and the amount invested in bonds and notes of this 



60 Chapter 33 [1935 

state or any of the counties, municipalities, school districts 
or village precincts of this state; provided, that 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 bonds, notes or debentures the principal or interest of 
which is guaranteed by the United States, 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 eligibly for redis- 
count or purchase by federal reserve banks, and the amount 
invested in the capital stock of national banks located in this 
state. 

6. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved March 26, 1935.] 



CHAPTER 33. 

AN ACT HAVING REFERENCE TO PERSONAL PROPERTY IN UNOR- 
GANIZED PLACES. 



Section 

2. Takes effect. 



Section 

1. Taxation of personal prop- 
erty in unorganized 
places. 

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

1. Taxation of Personal Property. Amend section 6 of 
chapter 61 of the Public Laws by adding at the end of said 
section the following : if the same has not already been taxed 
or was not taxed as real estate before severance, so that said 
section as amended shall read as follows: 6. In Unorgan- 
ized Place. Personal property being on April first in any un- 
organized place, the owner of which resides in an organized 
town or place, may be taxed to the owner in the town or place 
where he resides, if the same has not already been taxed or 
was not taxed as real estate before severance. 

2. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved April 2, 1935.] 



Section 

2. Takes eflFect. 



1935] Chapter 34 61 

CHAPTER 34. 

AN ACT TO PREVENT THE PRACTICE OF LAW BY UNAUTHORIZED 

PERSONS AND BY CORPORATIONS. 

Section 

1. Unauthorized practice of 
law. 

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

1. Attorneys and Counselors. Amend chapter 325 of the 
Public Laws by adding thereto the following sections: 10. 
Unauthorized Practice Prohibited. Whoever has been so re- 
moved and continues thereafter to practice law, or to receive 
any fee for his services as an attorney or counselor at law, 
or whoever, not having been lawfully admitted to practice 
as an attorney at law, represents himself to be an attorney or 
counselor at law, or to be lawfully qualified to practice in the 
courts of the state, by means of a sign, business card, letter- 
head or otherwise, or holds himself out or represents or ad- 
vertises himself as having authority or power in behalf of 
persons who have claims for damages to procure settlements 
of such claims for damages either to person or property, or 
whoever, not being an attorney at law, solicits or procures for 
himself or another, the management or control of any such 
claim, or authority to adjust or bring suit to recover for the 
same, or solicits for himself or another from a person accused 
of crime or his representative the right to defend the accused 
person, shall for a first offense be fined not more than one 
hundred dollars or imprisoned for not more than six months 
and for a subsequent offense shall be fined not more than five 
hundred dollars or imprisoned for not more than one year. 
11. Practice by Corporations Prohibited. No corporation 
shall practice or appear as an attorney for any person other 
than itself in any court in the state or before any judicial body 
or hold itself out to the public or advertise as being entitled to 
practice law, and no corporation shall draw agreements, or 
other legal documents not relating to its lawful business, or 
draw wills, or practice law, or give legal advice or legal in- 
formation as an attorney, or hold itself out in any manner as 
being entitled to do any of the foregoing acts, by or through 
any person orally or by advertisement, letter or circular ; pro- 
vided that the foregoing shall not prevent a corporation from 



62 Chapter 35 [1935 

employing an attorney in regard to its own affairs or in any 
litigation to which it is or may be a party. Any corporation 
violating any provisions of this section shall be fined not more 
than one thousand dollars ; and every officer, agent or em- 
ployee of any such corporation, who on behalf of the same, di- 
rectly or indirectly, engages in any of the acts herein pro- 
hibited, or assists such corporation to do such prohibited acts, 
shall be fined not more than five hundred dollars, 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 2, 1935.] 



CHAPTER 35. 

AN ACT PROVIDING FOR A RECOUNT OF BALLOTS ON THE QUES- 
TION OF SALE OF LIQUOR OR BEVERAGES IN ANY 
CITY OR TOWN. 



Section 
2. Takes effect. 



Section 

1. Local option on question of 
sale of liquor or bever- 
ages, recount of ballots. 

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

1. Local Option. Amend chapter 3 of the Laws of the 
special session of 1934 by adding after section 35 the follow- 
ing new sections: 35-a. Recount. Any five legal voters of 
any city or town which shall have voted upon questions (a) 
or (b) may, within thirty days thereafter, petition the secre- 
tary of state for a recount of the votes cast upon one or both 
of said questions, provided, however, that such petition may 
be filed within thirty days after the passage of this act with 
respect to the biennial election of November, 1934. Such ap- 
plication shall be accompanied by a fee of five dollars for each 
one thousand ballots or fraction thereof cast at said election 
in said town, provided, however, that but one fee shall be pay- 
able in the event a recount is desired on both questions and in 
no event shall such fee exceed twenty-five dollars. The secre- 
tary of state shall fix a time for such recount and shall notify 
the petitioners and the selectmen, clerk and moderator of the 
town, or the mayor and clerk of the city, by mail, of the time 
and place so fixed. He shall request the clerk having custody 
of the ballots to forward them forthwith to the secretary of 



1935] Chapter 36 63 

state, and the clerk shall immediately forward such ballots, 
and they shall be preserved by the secretary of state until the 
succeeding biennial election. 

35-b. Counting. At the time and place so appointed in 
said notification the secretary of state shall produce the bal- 
lots and they shall be counted by him with such assistants as 
he may require. The ballots shall be open to the inspection 
of the petitioners, the officials of the city or town, counsel, if 
any, of the same, and other interested persons, under such 
suitable rules as the secretary of state shall prescribe. 

35-c. Declaration. Immediately following the recount the 
secretary of state shall declare the result thereof and such 
declaration shall be binding upon all persons, officials and com- 
missions, and if the result of such recount shall be different 
on either of said questions than the result as announced by 
the moderator at the election, the secretary of state shall cor- 
rect the records in his office and shall notify the town or city 
clerk whose records shall be corrected accordingly. 

35-d. Appeal. Any person aggrieved by any ruling of the 
secretary of state with respect to any ballot so recounted, 
may, within thirty days thereafter, appeal to the superior 
court for the county in which such town or city is located, 
which court shall have jurisdiction in equity to hear and de- 
termine the questions presented. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 2, 1935.] 



CHAPTER 36. 

AN ACT RELATING TO SUSPENDED SENTENCES. 



Section 

2. Takes effect. 



Section 

1. Issuance of mittimus on sus- 
pended sentences. 

Be it enacted by the Senate and House of Representatives in 
General Cow^t convened: 

1. Misdemeanors. Amend section 11-a of chapter 369 of 
the Public Laws as inserted by chapter 98 of the Laws of 1929 
by adding after the word "court" in the third line the words, 
or the case otherwise filed; further amend said section by 
striking out the word "six" in the fifth line and inserting in 
place thereof the word, three, so that said section as amended 



64 Chapter 37 [1935 

shall read as follows: 11-a. Mittimus Issued. When in case 
of a misdemeanor a sentence to the house of correction or jail 
is imposed and the operation of said sentence is suspended by 
the court or the case otherwise filed, a mittimus for the serv- 
ice of said sentence may be issued by said court or its officers 
during a period of three years immediately subsequent to the 
date of the sentence and not thereafter. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 3, 1935.] 



CHAPTER 37. 

AN ACT DEFINING THE RIGHTS OF SCHOOL BOARD MEMBERS IN 
SUPERVISORY UNIONS. 



Section 

2. Takes effect. 



Section 

1. School supervisory unions. 

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

1. Supervisory Unions. Amend chapter 117 of the Pub- 
lic Laws by adding at the end thereof the following new sec- 
tions: 41. Representation. Every school district maintain- 
ing one or more public schools shall be entitled to three rep- 
resentatives having one vote each on the joint board of super- 
visory union. Districts not maintaining schools shall have 
one representative on said joint board. 42. Additional Vot- 
ing Rights. In voting on the selection of the superintendent 
or on his excess salary each district employing more than 
eight full-time teachers for pay shall be entitled to one addi- 
tional vote for each five teachers or major part thereof regu- 
larly employed during the current year in excess of eight. 
Such additional votes shall be cast as determined by the school 
board or its representatives in the supervisory union. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 3, 1935.] 



1935] Chapters 38, 39 65 

CHAPTER 38. 

AN ACT RELATIVE TO THE PERAMBULATION OF TOWN LINES. 



Section 

1. Perambulation of town lines. 



Section 

2. Takes effect. 



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

1. Town Lines. Amend chapter 56 of the Public Laws by 
adding after section 2 the following new section: 2-a. Ad- 
ditional Perambulation. If the selectmen of any town deem 
it necessary that the lines of said town be perambulated 
and/or any marks and bounds renewed at other times than at 
the regular perambulation provided for by section 2, said 
selectmen may give notice to the selectmen of the town ad- 
joining in the manner now provided by law and the procedure 
for said perambulation and/or renewing of bounds shall be 
the same as provided in sections 2 to 6, inclusive. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 3, 1935.] 



CHAPTER 39. 

AN ACT PROVIDING FOR AN EXTENSION OF THE ACT RELATIVE TO 

THE ISSUANCE WITH STATE GUARANTEE OF EMERGENCY 

NOTES AND BONDS BY TOWNS, CITIES AND COUNTIES. 



Section 
2. Takes effect. 



Section 

1. Extension of act providing 
for emergency notes with 
state guarantee. 

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

1. Provisions Extended. Amend chapter 63, Laws of 
1933, by striking out all of section 8 thereof and substituting 
therefor the following: 8. Duration of Authority. The 
authority given to the governor and council to issue certifi- 
cates of emergency or to guarantee the payment of loans 
made by virtue of such certificates shall continue for the term 
of four years from the date of the passage of this act, but all 
other provisions of this act shall remain in force until the 
loans authorized by this act have been fully paid. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 3, 1935.] 



Section 

2. Takes effect. 



66 Chapters 40, 41 [1935 

CHAPTER 40. 

AN ACT RELATIVE TO GRANTS TO TOWNS FOR PAYMENTS ON 

ACCOUNT OF DIRECT RELIEF. 

Section 

1. Additional grants to towns, 
cities and counties for di- 
rect relief. 

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

1. Amendment. Amend the act passed at this session of 
the legislature approved March 13, 1935, providing for a state 
board of welfare and relief, by adding after section 9 the fol- 
lowing new section: 9-a. Additional Grants. Grants and 
reimbursements as provided under section 9 may be made to 
counties, cities and towns out of state funds on account of 
moneys expended by them for direct relief from January 1, 
1935 to the date of the passage of this act. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 8, 1935.] 



CHAPTER 41. 

AN ACT RELATING TO PERSONAL PROPERTY MORTGAGES AND 
OTHER INSTRUMENTS. 



Section 

3. Recording. 

4. Consent to sell mortgaged 

property. 

5. Takes effect. 



Section 

1. Personal property mort- 

gages. 

2. Consumption of feedstuffs; 

after acquired property; 
future advances. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Personal Property Mortgages. Amend section 1 of 
chapter 216 of the Public Laws by striking out the words 
"whether the same have or have not come to maturity" and 
substituting in the place thereof the words, whether annual 
or perennial including fruits, berries, emblements, nursery 
stock and industrial growing crops, whether any of such crops 
are grown or growing, or are to be planted within one year 
from the execution of the mortgage, so that said section as 
amended shall read: 1. What Subject to. Personal prop- 
erty and crops of every description, whether annual or peren- 



1935] Chapter 41 67 

nial including fruits, berries, emblements, nursery stock and 
industrial growing crops, whether any of such crops are grown 
or growing, or are to be planted within one year from the 
execution of the mortgage, are subject to mortgage agreeably 
to the provisions of this chapter. 

2. . Further amend said chapter 216 by adding 

after section 1 the following new section: 1-a. Consump- 
tion of Feedstuff s; After Acquired Property; Future Ad- 
vances. No personal property mortgage shall be invalid, nor 
shall the extent of the lien thereof be affected because of any 
provision that the mortgagor may use and consume mort- 
gaged foodstuffs in preserving and preparing for market any 
live stock covered thereby. If so provided in the mortgage, 
substitutions for or replacements of live stock described in the 
mortgage, natural increase of live stock described therein, 
property purchased with the proceeds of the loan secured 
thereby subsequent to the execution of the mortgage and 
prior to its extinguishment, and/or additional amounts that 
may be advanced by the mortgagee, at his option, to the mort- 
gagor within a period of one year from the date of the execu- 
tion of the mortgage, not exceeding in the aggregate an 
amount stated in the mortgage, shall be covered and secured 
by such mortgage to the same extent as the property original- 
ly described in and the amount originally advanced under the 
mortgage. 

3. Recording. Further amend said chapter 216 by adding 
after section 16 the following new section: 16-a. Subor- 
dinations. In order to be effective against others than the 
parties thereto, any assignment of or agreement affecting the 
rights or interest of a landlord or owner of real property oc- 
cupied by a tenant or person planting on shares, or an agree- 
ment for the subordination of a prior lien or encumbrance on 
real property, shall be recorded in the registry of deeds for 
each district in which any portion of the real property is 
situated and a reference to the record of the subordination 
agreement shall be noted on the margin of the record of the 
instrument affected thereby, and any agreement for the sub- 
ordination of a prior lien or encumbrance upon personal prop- 
erty shall be recorded in each office where the instrument 
subordinated is or may be recorded and a reference to the rec- 
ord of the subordination agreement shall be noted on the mar- 
gin of the record of the instrument affected thereby. 



68 Chapter 42 [1935 

4. Mortgaged Property. Further amend said chapter 216 
by striking out all of section 17 and substituting therefor the 
following: 17. Consent to Sell. A personal property mort- 
gage may provide that the mortgagor with the permission of 
the mortgagee may sell or exchange any of the mortgaged 
property in accordance with the provisions of the mortgage 
without notice to or consent of any subsequent mortgagor or 
lienor of the mortgaged property, if the proceeds of such sale 
or exchange are applied upon the mortgage debt or are used 
for the purchase of property to be included in the mortgage 
lien, or are used for the purpose of paying the expense of cul- 
tivating, harvesting, preparing for market, processing, mar- 
keting, and/or otherwise preserving or rendering marketable 
or salable the remaining property covered by the mortgage, 
and no such provision shall in any way render invalid or affect 
the lien of the mortgage or its preference or priority; but no 
mortgagor of personal property shall sell, pledge or exchange 
any of the mortgaged property without the written consent 
of the mortgagee, recorded in the office where the mortgage 
is recorded, or endorsed upon the mortgage and upon the mar- 
gin of the record thereof. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 8, 1935.] 



CHAPTER 42. 

AN ACT RELATIVE TO FILING DECLARATIONS OF CANDIDACY AND 

PRIMARY PETITIONS AND FILLING VACANCIES UPON 

THE PARTY TICKET AFTER THE PRIMARY. 



Section 

1. Filing time defined. 

2. Filling vacancies. 



Section 

3. Town and city elections. 

4. Takes effect. 



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

1. Filing Time Defined. Amend section 22 of chapter 25 
of the Public Laws by striking out said section and inserting 
in place thereof the following: 22. When Filed. Declara- 
tions of and assents to 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 section 20. The number of 



1935] Chapter 43 69 

days herein given shall include Sundays and shall end on the 
day before the primary at six o'clock in the afternoon. 

2. Party Tickets after Primary. Amend section 47 of 
chapter 25 of the Public Laws by striking out said section and 
inserting in place thereof the following: 47. Vacancies. 
Vacancies upon any party ticket occurring after the holding 
of any primary shall be filled by the party committee of the 
state, county, town or ward, as the case may require, and such 
committee shall file notice of the appointment made with the 
secretary of state 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. The names of per- 
sons so appointed shall be placed upon the official election 
ballot. 

3. Town and City Elections. Amend section 89 of chap- 
ter 26 of the Public Laws by striking out said section and in- 
serting in place thereof the following: 89. Special Provisions. 
Where this system is in force at local elections a plurality 
shall elect, the city or town clerk shall prepare the ballot and 
nominations shall be filed with him seven days before the 
election. The number of days herein given shall include Sun- 
day and shall end on the day before election at six o'clock in 
the afternoon. 

4. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 8, 1935.] 



CHAPTER 43. 

AN ACT RELATIVE TO RECOUNT OF BALLOTS AFTER AN ELECTION. 



Section 

2. Takes effect. 



Section 

1. Recount after election; no- 
tice, fees, appeal, preser- 
vation of ballots. 

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

1. Recount after Election. Amend chapter 26, Public 
Laws, by striking out sections 94 to 99 inclusive and inserting 
in place thereof the following: 

94. Application. If any person for whom a vote was cast 
and recorded for any office at a biennial election shall, before 



70 Chapter 43 [1935 

the expiration of sixty days, apply in writing to the secretary 
of state for a recount of the ballots given in for all persons 
for such office and shall state in his application the names of 
the opposing candidates, the secretary of state shall appoint a 
time for the recount not earlier than fifteen days after the re- 
ceipt of the application. 

95. Notice. Such recount shall take place in the state 
house, and the secretary shall order the applicant to give 
notice thereof by giving to each of the opposing candidates, 
or leaving at his place of abode, a copy of the application and 
order of notice seven days at least prior to the day so ap- 
pointed for the recount of the ballots. No other notice shall 
be required. If the notice herein provided shall not be given 
the secretary of state shall, upon being so notified, declare 
that the recount shall not be made on the day provided and 
may for good cause shown appoint another time for said re- 
count. 

96. Recount. At the time and place so appointed and 
notified the secretary of state shall recount the ballots. The 
various candidates, and their counsel, shall have the right to 
inspect the ballots and participate in such recount under such 
suitable rules as the secretary of state may adopt. The sec- 
retary of state may employ such assistants as he may deem 
necessary to carry out the provisions of this section. 

97. Fee. The candidate petitioning for a recount of the 
ballots shall pay the secretary of state the same fee prescribed 
in chapter 25, section 51, for a recount following a primary. 

98. Town Officers. If in case of a recount of votes for 
town officers it shall appear that a person was elected other 
than the person declared by the moderator to have been 
elected the secretary of state shall declare such person elected 
and shall after fifteen days from such declaration if no appeal 
is taken certify such declaration to the town clerk of the town 
concerned. The town clerk shall record the certificate and 
shall, within twenty-four hours after such filing cause a copy 
of such certificate, attested by him, to be delivered to or left 
at the residence of the person originally declared to have been 
elected, and to the person who by such certificate appears to 
be elected. The person so declared by the secretary of state 
to have been elected shall, unless the result is changed upon ap- 
peal as hereinafter provided, be the duly elected officer of such 
town. 



1935] Chapter 43 71 

99. County, State and Other Officers. If, in case of a re- 
count of votes for county, state or other officers it shall appear 
that a person was elected other than the person declared 
elected upon the canvass of returns from the clerks of towns 
and wards the secretary of state shall declare the result found 
by him and the person so declared by him to have the greatest 
number of votes, unless the result is changed upon appeal as 
hereinafter provided, shall be entitled to receive certificate to 
such declaration. 

100. Appeal. In the case of a recount for a town office 
the person who, by the declaration of the secretary of state 
was not elected to the office, may appeal from said declara- 
tion to the ballot-law commission. Said ballot-law commission 
shall consider and decide all objections to the finding of the 
secretary of state and all questions in regard to the recount 
of votes and their decision shall be final. 

101. Other Offices. In the case of a recount for any other 
office than a town office the person who, by the declaration of 
the secretary of state did not have the greatest number of 
votes, may appeal from said finding to the ballot-law com- 
mission. Said commission shall consider all objections to the 
finding of the secretary of state and may, if they find good 
cause, change the declaration of the secretary of state. In 
such case the certificate of election shall be issued to the per- 
son found by the ballot-law commission to be entitled to such 
certificate. 

102. Preservation. Upon the conclusion of every recount 
provided for herein the secretary of state shall place them 
and all envelopes or wrappers which had previously contained 
them, in a new envelope or wrapper and seal it and endorse 
upon it a certificate showing the contents and the date when 
and the reason why it was opened and examined and shall re- 
tain it until the time fixed by law for its destruction. At the 
request of the ballot-law commission, upon appeal to that 
commission, he shall produce said ballots for the inspection 
and examination of the commission. Upon the conclusion of 
the inspection by the ballot-law commission the secretary of 
state shall again place them and all envelopes or wrappers 
which had previously contained them, in a new envelope or 
wrapper and shall seal it and endorse upon it a certificate 
showing the contents and the date when it was opened and 



72 Chapter 44 [1935 

examined by the ballot-law commission. The envelopes and 
ballots shall be subject to the order of the body to which such 
person claims to be elected, or of the officers required by law 
finally to examine the records and to issue certificates of elec- 
tion to such office, or of any court having jurisdiction thereof. 

103. Penalty. Whoever shall wilfully violate any of the 
provisions of sections 94 to 102, inclusive, shall be fined not 
more than five hundred dollars. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



CHAPTER 44. 

AN ACT RELATING TO MOTOR VEHICLE TRAILERS. 



Section 

2. Takes effect. 



Section 

1. Special light for motor ve- 
hicle trailers. 

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

1. Motor Vehicle Trailers. Amend chapter 108 of the 
Public Laws by adding after section 6-a as inserted by chap- 
ter 134, Laws of 1933, the following new section: 6-b. 
Special Light. Every motor vehicle having a trailer attached 
thereto, when on the highways of this state at night, shall 
have displayed on tne front of said vehicle, in addition to 
other lights required by law, a special light of such form and 
design as may be determined by the commissioner of motor 
vehicles. The color of said light shall be determined by said 
commissioner but shall not be the same color as is now re- 
quired to be displayed on the rear of any motor vehicle. 

2. Takes Effect. This act shall take effect thirty days 
after its passage. 

[Approved April 11, 1935.] 



19,35] Chapter 45 73 

CHAPTER 45. 

AN ACT RELATIVE TO REGISTRATION FEES FOR TRUCKS USED FOR 
AGRICULTURAL PURPOSES. 



Section 

2. Takes effect. 



Section 

1. Registration fees for trucks 
used for agricultural pur- 
poses. 

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

1. Motor Vehicle Registration Fees. Amend paragraph III 
of section 1 of chapter 102 of the Public Laws, as amended by 
chapter 94 of the Laws of 1927, by adding at the end of said 
paragraph the following: Commercial vehicles or trucks used 
for agricultural purposes only and used on the public high- 
ways only between portions of the farm upon which said 
vehicle or truck is operated that are not more than two miles 
apart by the highway at the points of entering upon or leav- 
ing, shall pay one tenth of the above rates, so that said para- 
graph as amended shall read as follows: III. For each motor 
vehicle, including trailers and semi-trailers equipped with 
pneumatic tires, except motor cycles and motor cycle side- 
cars, the following rates based on the gross weight of the 
vehicle and load: All vehicles and load not exceeding four 
thousand pounds, thirty-five cents per hundred pounds; ex- 
ceeding four thousand pounds and not exceeding six thousand 
pounds, forty-five cents per hundred pounds; exceeding six 
thousand pounds and not exceeding eight thousand pounds, 
fifty cents per hundred pounds; exceeding eight thousand 
pounds, sixty cents per hundred pounds. For all vehicles 
equipped with hard rubber tires the sum of twenty cents per 
hundred pounds shall be added to the above rates. For all 
vehicles equipped with iron, steel or other hard tires the sum 
of forty cents per hundred pounds shall be added to the above 
rates; provided, that the minimum fee as provided in this 
section shall be ten dollars for passenger vehicles and fifte^ 
dollars for trucks. Tractors used for agricultural purposes 
only, tractors used for power purposes only that do not haul 
loads on the public highways, tractors used only on snow, and 
snowmobiles, shall pay one tenth of the above rates. Com- 
mercial vehicles or trucks used for agricultural purposes only 
and used on the public highways only between portions of the 



74 Chapter 46 [1935 

farm upon which said vehicle or truck is operated that are not 
more than two miles apart by the highway at the points of 
entering upon or leaving, shall pay one tenth of the above 
rates. 

2. Takes Effect. This act shall take effect thirty days 
after its passage. 

[Approved April 11, 1935.] 



CHAPTER 46. 

AN ACT RELATING TO INJUNCTIONS IN LABOR DISPUTES. 



Section 

2. Takes effect. 



Section 

1. Injunctions in labor dis- 
putes. 

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

1. Hearings upon Court Orders. Amend section 27 of 
chapter 380 of the Public Laws by adding at the end of said 
section the following: All hearings upon court orders grant- 
ing or denying an injunction in such matters and all appeals 
from such orders shall be given precedence in the superior 
and supreme courts over other matters pending, to the end 
that an expeditious adjudication of the issues may be reached, 
so that said section as amended shall read as follows: 27. 
Interference. If any person shall interfere in any way what- 
ever to injure or damage another in his person or property, 
while engaged in his lawful business, trade or occupation, or 
while on the way to or from the sam.e, or shall endeavor to 
prevent any person from engaging in his lawful business, 
trade or calling, he shall be fined not more than five hundred 
dollars, or imprisoned not more than one year; provided, that 
it shall not be unlawful for any person to reason, talk or argue 
with, and by arguments persuade or induce, such other per- 
son to do any act or thing or pursue any line of conduct, which 
is not the commission of an offense under the laws of this 
state. All hearings upon court orders granting or denying an 
injunction in such matters and all appeals from such orders 
shall be given precedence in the superior and supreme courts 
over other matters pending, to the end that an expeditious 
adjudication of the issues may be reached. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



Section 

3. Takes effect. 



1935] Chapters 47, 48 75 

CHAPTER 47. 

AN ACT VALIDATING, RATIFYING, APPROVING, AND CONFIRMING 

BONDS HERETOFORE ISSUED BY THE STATE AND ITS 

POLITICAL SUBDIVISIONS FOR PUBLIC WORKS 

PROJECTS. 

Section 

1. 1935 validating act. 

2. Notes and bonds ratified. 

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

1. Validating Act. This act may be cited as The 1935 
Validating Act. 

2. Ratification. All bonds heretofore issued for the pur- 
pose of financing or aiding in the financing of any work, un- 
dertaking, or project by the state or any city, town, village 
district, school district or other political subdivision, to which 
any loan or grant has heretofore been made by the United 
States of America through the federal emergency administra- 
tor of public works for the purpose of financing or aiding in 
the financing of such work, undertaking or project, including 
all proceedings for the authorization and issuance of such 
bonds, and the sale, execution and delivery thereof, are here- 
by validated, ratified, approved and confirmed; and such 
bonds are and shall be binding, legal, valid and enforceable ob- 
ligations of the state or any of the political subdivisions 
thereof. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



CHAPTER 48. 

AN ACT RELATING TO MUNICIPAL FINANCES. 



Section 

2. Takes effect. 



Section 

1. Refunding of outstanding 
indebtedness by towns. 

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

1. Temporary Provisions. Every municipality which has 
at the time when this act takes effect outstanding notes pay- 
able on demand, overdue notes issued in anticipation of taxes, 
or which has used the principal of trust funds and has not 



76 Chapter 49 [1935 

restored the same, may provide for the payment of such notes 
and for the restoration of such trust funds in whole or in part 
in the tax levy of 1935 or 1936, and shall borrow not exceed- 
ing in the aggregate the amount, if any, required for paying 
the balance of such notes and restoring the balance of such 
trust funds, and issue bonds or notes therefor payable serially 
in the manner provided in chapter 59 of the Public Laws cov- 
ering a period not exceeding fifteen years from the date of 
issue. With money so provided said notes shall be paid and 
said trust funds restored in 1935 or 1936. 

2. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



CHAPTER 49. 

AN ACT RELATING TO MUNICIPAL WATER-WORKS. 

Section Section 

1. Municipal water-works. 2. Takes effect. 

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

1. Water-Works. Amend section 1, chapter 43 of the 
Public Laws by inserting after the word "take" in line ten the 
words, acquire by eminent domain, so that said section as 
amended shall read as follows: 1. Municipal Power. Any 
town or legally organized village district within the state, 
whenever by majority vote of the legal voters of said town 
or district, at a regular meeting, or by a two-thirds vote at a 
duly notified special meeting, they shall vote to do so, may 
construct, manage, maintain and own suitable water-works 
for the purpose of introducing into and distributing through 
any portions of said town or district an adequate supply of 
water for extinguishing fires and for the use of its citizens 
and others, and for such other public, private and mechanical 
purposes as said town or district may from time to time au- 
thorize and direct; and for that purpose may take, acquire by 
eminent domain, purchase and hold, in fee simple or other- 
wise, any real or personal estate and any rights therein, and 
water-rights, and do all other things necessary for carrying 
into effect the purposes of this chapter ; and may excavate and 
dig canals and ditches in any street, place, square, passage- 
way, highway, common or other land or place, over or through 



1935] Chapter 50 77 

which it may be deemed necessary and proper for building, 
constructing- and extending said water-works, and may relay, 
change, enlarge and extend the same from time to time, when- 
ever it shall deem necessary, and repair the same at pleasure, 
having due regard for the safety and welfare of its citizens 
and security of the public travel. 

2. Takes Eifect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



CHAPTER 50. 

AN ACT MAKING APPROPRIATION FOR HAMPTON RIVER JETTIES. 



Section 

4. Tolls. 

5. Takes effect. 



Section 

1. Appropriation. 

2. Bonds. 

3. Short-term notes. 

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

1. Appropriation. A sum not exceeding eighty thousand 
dollars ($80,000) is hereby appropriated to complete the con- 
struction of jetties or sea walls for the stabilization of the 
mouth of the Hampton river, the prevention of erosion of the 
adjacent beaches and the protection of the Hampton Harbor 
Toll Bridge, approaches and appurtenances as provided by 
chapter 159, Laws of 1938. 

2. Bonds. For the purpose of providing the funds herein 
appropriated the state treasurer under the direction of the 
governor and council is hereby authorized to borrow not ex- 
ceeding eighty thousand dollars ($80,000) and to issue there- 
for bonds in the name and on behalf of the state of New 
Hampshire. The provisions of section 4 of chapter 159, Laws 
of 1933, relative to an issue of bonds for the purposes of said 
chapter shall apply to the bonds authorized hereunder. 

3. Short-Term Notes. Prior to the issuance of the bonds 
herein authorized the treasurer, under the direction of the 
governor and council may for the purposes of this act borrow 
money from time to time on short-term loans to be refunded 
by the issuance of the bonds herein authorized. 

4. Tolls. The balance of tolls collected for the use of the 
Hampton Harbor Toll Bridge and the approaches thereto, as 
provided in section 6, chapter 159, Laws of 1933, shall be 



78 Chapter 51 [1935 

applied, after the payment of the obligations provided for un- 
der said section 6, to the payment of the interest and principal 
of the bonds issued hereunder. In the event of such balance 
proving insufficient to pay any accruing installment of inter- 
est, or the principal of the bonds authorized hereunder at 
their maturity, the governor, with the approval of the council, 
shall draw his warrant for payment of the deficiency out of 
any money in the treasury not otherwise appropriated. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



CHAPTER 51. 

AN ACT AUTHORIZING THE SALE OF CERTAIN PROPERTY OF THE 

STATE. 



Section 

2. Takes effect. 



Section 

1. Sale of certain state prop- 
erty authorized. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Authority Conferred. The governor and council on be- 
half of the state of New Hampshire are hereby authorized and 
empowered to sell and convey, for such consideration as they 
deem sufficient, all right, title and interest which said state of 
New Hampshire has acquired by escheat in and to the follow- 
ing described premises, to wit: Farm of 145 acres more or 
less with buildings thereon in the town of Hudson formerly 
belonging to the late James Smith, alias James W. B. Smith, 
who died April 11, 1931; house lot and garage on Manchester 
street in the town of Keene formerly belonging to the late 
Thomas Murray who died October 13, 1932; and premises at 
57 Maple street in the town of Newport formerly belonging to 
Mary E. Gardner who died June 26, 1930. The governor and 
council may, in their discretion, sell and convey, as herein- 
before provided, the whole of said tracts or any portion there- 
of. The proceeds from the sale of the above premises, or any 
portion thereof, shall be turned into the state treasury to be 
available for general revenue of the state. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



1935] Chapters 52, 53 79 

CHAPTER 52. 

AN ACT RELATING TO KIDNAPPING. 



Section 

1. Kidnapping. 



Section 

2. Takes effect. 



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

1. Amendment. Amend chapter 392 of the Public Laws 
as amended by chapter 181 of the Laws of 1933, by striking 
out sections 19 and 20 and inserting in place thereof the fol- 
lowing sections: 19. Kidnapping, etc. If any person shall 
within this state wilfully and without lawful authority seize, 
abduct, detain, inveigle or kidnap any other person with in- 
tent to cause him to be secretly confined or imprisoned 
against his will, or to be sent out of the state, or in any way 
to be held for service against his will, he shall be imprisoned 
not more than twenty-five years. 20. Minor. Every person 
who shall seize, abduct, detain, conceal, take, lead, inveigle, 
or carry away any minor child, or other person legally in- 
capable of exercising his will, with the intent thereby to keep 
or conceal it from its parents, guardian or other person or or- 
ganization having lawful custody or control thereof, or to ex- 
tort or obtain money or other thing of value for the return 
or disposition of the child or such other person, or with intent 
to steal or take any article or other thing on or about the per- 
son of the child or such other person shall be imprisoned not 
more than forty nor less than fifteen years. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



Section 

2. Takes effect. 



CHAPTER 53. 

AN ACT RELATING TO THE PRACTICE OF CHIROPODY. 

Section 

1. Chiropody defined. 

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

1. The Practice of Chiropody. Amend section 8 of chap- 
ter 208 of the Public Laws by striking out said section and in- 
serting in place thereof the following : 8. Licenses. The board 
shall issue the certificate of a licensed chiropodist to whoever 



80 Chapter 54 [1935 

passes a satisfactory examination, and thereupon he shall 
have legal authority to treat by external medical, mechanical 
or electrical means, including bandaging and strapping, local 
ailments of the structures of the human foot, and to treat by 
surgical means local ailments of the superficial structures of 
the human foot. Said certificate shall not authorize the li- 
censee to administer general anaesthetics or to perform ampu- 
tation of the foot or toes. Licenses shall not be issued for a 
period exceeding one year, and shall be renewed as provided 
herein. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



CHAPTER 54. 

AN ACT NAMING A CERTAIN BODY OF WATER IN HILLSBOROUGH 
AND ANTRIM, LAKE FRANKLIN PIERCE. 



Section 

1. Name given. 



Section 

2. Takes effect. 



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

1. Name Given. A certain reservoir of water on the North 
Branch river in the towns of Antrim and Hillsborough, now 
known as the Jackman Reservoir, is hereby named Lake 
Franklin Pierce. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



1935] 



Chapter 55 



81 



CHAPTER 55. 

AN ACT TO PROVIDE FOR CITY, TOWN, VILLAGE DISTRICT AND 
REGIONAL PLANNING BOARDS. 



Section 



of planning 
a planning 



members of 



recommend 
of zoning 



Section 

18. Amendments to official map. 

19. Regulation of subdivision 
of land. 

20. Recording of plats. 

21. Subdivision regulations; gen- 
eral. 

22. Subdivision regulations; ad- 
ditional requisites. 

23. Board's procedure on plats, 

24. Status of plats approved. 

25. Improvements in unapproved 
streets. 

26. Erection of buildings. 

27. Penalties for transferring 
lots in unapproved subdi- 
vision. 

28. Duties of register of deeds. 

29. Status of existing platting 
statutes. 

30. Refusal of permit, 

31. Appeals, where there is a 
zoning ordinance. 

32. Appeals, where no zoning 
ordinance exists. 

33. Appeals, public hearing. 

34. Court review. 

35. Building inspector. 

36. Other measures of enforce- 
ment and remedies. 

37. Co-operative regional plan- 
ning boards. 

38. Saving clause. 

39. Takes effect. 

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

1. Definitions. For the purpose of this act certain terms 
are defined as provided in this section. Wherever appropriate 
the singular includes the plural and the plural includes the 
singular. 

I. "Municipality" or "municipal" means, includes and re- 
lates to cities, towns and village districts. 

II. "Mayor" means the chief executive of the munici- 
pality, whether the official designation of his office be mayor, 
city or town manager, or otherwise. 

III. "Council" means the chief local legislative body of 
the municipality, whether it be officially designated council, 
mayor and council, board of mayor and aldermen, commission, 
village district, town meeting or by other title. 



9. 

10. 

11. 

12. 
13. 
14. 
15. 



16. 



17. 



Definitions. 

Grant of power to munici- 
pality to establish plan- 
ning board. 

Designation 
boards. 

Personnel of 
board. 

Qualifications and terms of 
members. 

Removal of 

planning board. 

Filling vacancies in mem- 
bership. 

Organization and rules. 

Staff and finances. 

Master plan of municipality. 

Preparation of plan. 

Adoption and amendment 
of plan. 

Miscellaneous powers and 
duties of planning board. 

Zoning powers of planning 
board. 

Authority to 
amendments 
ordinance. 

Mapping of street lines by 
board. 

Establishment of official 
map. 



82 Chapter 55 [1935 

IV. "Selectmen" means the board of selectmen of a 
town. 

V. "District commissioners" means the board of com- 
missioners of a village district or precinct. 

VI. "Planning board" means, relates to and includes 
city, town, village district and regional planning boards, es- 
tablished under the provisions of this act. 

VII. "Street" means, relates to and includes street, 
avenue, boulevard, road, lane, alley, viaduct, highway, free 
way and other ways. 

VIII. "Subdivision" means the division of a lot, tract, 
or parcel of land into two or more lots, plats, sites, or other 
divisions of land for the purpose, whether immediate or 
future, of sale or of building development. It includes resub- 
division and, when appropriate to the context, relates to the 
process of subdividing or to the land or territory subdivided. 

Municipal Planning Boards 

2. Grant of Power to Municipality. Any municipality is 
hereby authorized and empowered to create by ordinance a 
planning board and to make available to it the powers and 
duties hereinafter more fully described. 

3. Designation of Planning Boards. The planning board 
of a city shall be designated city planning board ; of a town or 
village district, town or village district planning board ; and of 
a region, regional planning board. 

4. Personnel of a Planning Board. In the case of cities, 
the planning board shall consist of nine members, namely, the 
mayor, one of the administrative officials of the municipality 
who shall be selected by the mayor, and a member of council 
who shall be selected by it, as members ex offtcio, and six 
persons who shall be appointed by the mayor, if the mayor 
be an elective officer, otherwise by such officer as council may 
in the ordinance creating the planning board designate as the 
appointing power. In the case of towns, the planning board 
shall consist of either seven or five members (at the option of 
the town meeting) including in either case one selectman who 
shall be chosen by the selectmen to act as ex-officio member, 
and four or six persons (depending upon whether the entire 
planning board includes five or seven members, respectively) 
who shall be appointed by the selectmen. In the case of vil- 
lage districts, the planning board shall consist of either 



1935] Chapter 55 83 

seven or five members (at the option of the village distirict 
meeting) including in either case one district commissioner 
who shall be selected by the district commissioners to act as 
ex-officio member, and four or six persons (depending upon 
whether the entire planning board includes five or seven 
members, respectively) who shall be appointed by the district 
commissioners. 

5. Qualifications and Terms of Members. All members of 
a planning board shall serve as such without compensation, 
and the appointed members shall hold no other municipal 
office, except that one of such appointed members may be a 
member of the zoning board of adjustment. The terms of 
ex-officio members shall correspond to their respective official 
tenures, except in the case of cities that the term of the 
administrative official selected by the mayor shall terminate 
with the term of the mayor selecting him. The term of each 
appointed member shall be six years in the case of nine mem- 
ber planning boards, five years in the case of seven member 
planning boards and four years in the case of five member 
planning boards, except that the respective terms of five of 
the members first appointed to a nine member or a seven 
member planning board shall be one, two, three, four and five 
years; and in the case of five member planning boards that 
the respective terms of the four members first appointed shall 
be one, two, three and four years. 

6. Removal of Members of Planning Board. Members of 
a planning board other than the members selected by council 
may, after public hearing, be removed by the mayor for in- 
efficiency, neglect of duty, or malfeasance in office. Council, 
selectmen or district commissioners may for like cause remove 
the members selected by them. The mayor or the council, 
selectmen or district commissioners, as the case may be, shall 
file with the city or town clerk, or clerk of the board of dis- 
trict commissioners, whichever is appropriate, a written 
statement of reasons for such removal. 

7. Filling of Vacancies in Membership. Vacancies in the 
membership of a planning board occurring otherwise than 
through the expiration of term shall be filled for the duration 
of the unexpired term by the mayor, selectmen or district 
commissioners in the case of members selected or appointed 
by them, by council in the case of the councilmanic member. 



84 Chapter 55 [1935 

and by the appointing power designated by council in munici- 
palities in which the mayor is not an elective officer. 

8. Organization and Rules. The planning board shall 
elect its chairman from amongst the appointed members 
and create and fill such other offices as it may deem necessary 
for its work. The term of chairman shall be one year, with 
eligibility for re-election. The planning board shall hold at 
least one regular meeting in each month. It shall adopt rules 
for the transaction of business and shall keep a record of its 
resolutions, transactions, findings, and determinations, which 
record shall be a public record. 

9. Staff and Finances. The planning board may appoint 
such employees as it may deem necessary for its work, whose 
appointment, promotion, demotion and removal shall be sub- 
ject to the same provisions of law as govern other correspond- 
ing civil employees of the municipality. The planning board 
may also contract with city planners, engineers, architects, 
and other consultants for such services as it may require. 
The expenditures of the planning board, exclusive of gifts, 
shall be within the amounts appropriated for the purpose by 
council, or precinct commissioners, as the case may be, which 
are hereby authorized and empowered to provide such funds, 
equipment, and accommodations as they may deem to be 
necessary or advisable for the planning board's work. 

Master Plan of the Municipality 

10. Purposes of Master Plan. It shall be the function and 
duty of any planning board established under the provisions 
of this act, to make and to perfect from time to time, so far 
as funds appropriated by council for such purpose will permit, 
a master plan for the development of the municipality, includ- 
ing any areas outside of its boundaries which, in the planning 
board's judgment, bear relation to the planning of the munici- 
pality. Such master plan, with the accompanying necessary 
map, plats, charts and descriptive matter, may be designed 
with the intention of showing as fully as is possible and prac- 
tical the planning board's recommendations for the desirable 
development of the territory, legally and logically within the 
scope of its planning jurisdiction, including, on that basis, 
among other things, the general location, character, and 
extent of streets, viaducts, subways, tunnels, bridges, water- 
ways, water fronts, boulevards, parkways, roadways in streets 



1935] Chapter 55 85 

and- parks, playgrounds, squares, parks, aviation fields, and 
other public ways, places, grounds and open spaces, sites for 
public buildings and other public property, routes of railroads, 
omnibuses and other forms of public transportation, and the 
general location and extent of public utilities and terminals, 
whether publicly or privately owned or operated, for water, 
light, heat, sanitation, transportation, communication, power 
and other purposes ; also the acceptance, removal, relocation, 
widening, narrowing, vacating, abandonment, change of use 
of or extension of any of the foregoing ways, grounds, places, 
open spaces, buildings, properties, utilities, or terminals, and 
other planning features, as well as a zoning plan for the con- 
trol of the height, area, bulk, location, and use of private and 
public structures, buildings and premises and of population 
density; the general location, character, layout, and extent of 
community centers and neighborhood units; and the general 
character, extent, and layout of the replanning of blighted dis- 
tricts and slum areas. 

11. Preparation of the Master Plan. In the course of the 
preparation of such master plan the planning board may 
make careful and comprehensive surveys and studies of exist- 
ing conditions and of data and information relative to the 
probable future growth of the municipality and its environs. 
The master plan shall be made with the general purpose of 
guiding and accomplishing a co-ordinated, adjusted, and har- 
monious development of the municipality and its environs 
which will, in accordance with existing and probably future 
needs, best promote health, safety, morals, order, convenience, 
prosperity, or the general welfare, as well as efficiency and 
economy in the process of development; including, among 
other things, adequate provision for traffic, the promotion of 
safety from fire and other dangers, adequate provision for 
light and air, the promotion of good civic design and arrange- 
ment, wise and efficient expenditure of public funds, and the 
adequate provision of public utilities and other public require- 
ments. 

12. Adoption and Amendment of Master Plan. The plan- 
ning board may adopt the master plan as a whole by a single 
resolution or may by successive resolutions adopt successive 
parts of the plan, said parts corresponding with major geo- 
graphical sections or divisions of the municipality or with 



86 Chapter 55 [1935 

functional subdivisions of the subject matter of the plan, and 
may adopt any amendment or extension thereof or addition 
thereto. Such master plan shall be a public record, but its 
purpose and effect shall be solely to aid the planning board in 
the performance of its duties. The adoption of the master 
plan or any amendment thereof shall be by resolution carried 
by the affirmative votes of not less than a majority of all the 
members of the planning board. The resolution shall refer 
expressly to the maps, descriptive matter, and other matters 
intended by the planning board to form the whole or part of 
the plan, and the action taken shall be recorded on the adopted 
plan or part thereof adopted by the identifying signature 
of the chairman or secretary of the planning board, and a 
copy of the plan or part thereof shall be certified to council. 

13. Miscellaneous Powers and Duties of a Planning Board. 
The planning board shall have power to promote public inter- 
est in and understanding of the master plan and of the official 
map of the municipality as hereinafter described and to that 
end may publish and distribute copies of the master plan, or 
of the aforesaid official map, or of any report and may employ 
such other means of publicity and education as it may deem 
advisable. Members of the planning board, when duly au- 
thorized by the said planning board, may attend city planning 
conferences or meetings of city planning institutes or hear- 
ings upon pending city planning legislation, and the planning 
board may, by resolution spread upon its minutes, pay the 
reasonable traveling expenses incident to such attendance. 
The planning board shall have authority to make such investi- 
gations, maps and reports, and recommendations in connec- 
tion therewith, relating to the planning and development of 
the municipality, as seem desirable to it. The planning board 
may, from time to time, report and recommend to the appro- 
priate public officials and public agencies programs for the 
development of the municipality, for the erection of public 
structures and improvements and for the financing thereof. 
It shall be part of the planning board's duties to consult and 
advise with public officials and agencies, public utility com- 
panies, civic, educational, professional, research, and other 
organizations, and with citizens with relation to the protect- 
ing or carrying out of the master plan, and to make recom- 
mendations relating to the development of the municipality. 



1935] Chapter 55 87 

The planning board shall have the right to accept and use 
gifts for the exercise of its functions. All public officials 
shall, upon request, furnish to the planning board, within a 
reasonable period of time, such available information as it 
may properly require for its work. The planning board, its 
members, officers, and employees, in the performance of their 
functions, may be authorized by ordinance to enter upon any 
land and make such examinations and surveys as are reason- 
ably necessary and place and maintain necessary monuments 
and marks thereon. In general, the planning board may be 
given such powers as may be necessary to enable it to fulfill 
its functions, promote municipal planning, or carry out the 
purposes of this act; provided the total expenditures of said 
board shall not exceed the appropriation for its expenses. 

14. Zoning Powers of a Planning Board. The planning 
board shall have all powers heretofore granted by law to the 
zoning commission of a municipality, and, from and after the 
creation of a planning board in such municipality, all powers 
and records of the zoning commission shall be transferred to 
the planning board ; provided, however, that in the event that 
the existing zoning commission shall be nearing the comple- 
tion of its zoning plan, council may, by resolution, postpone 
the said transfer of the zoning commission's powers until the 
completion of such zoning plan; but such postponement shall 
not exceed a period of six months. 

15. Authority to Recommend Amendments of Zoning Ordi- 
nance. The planning board may, from time to time, recom- 
mend to council amendments of the zoning ordinance or zoning 
map or additions thereto to conform to the board's recommen- 
dations for the zoning regulation of the territory comprised 
within approved subdivisions. 

Official Map of the Municipality 

16. Mapping of Street Lines by Planning Board. At any 

time after a planning board established under the provisions 
of this act shall have adopted a master plan of the municipal- 
ity which includes a major street plan or shall have pro- 
gressed in its master planning to the stage of the making and 
adoption of a major street plan, council may authorize said 
planning board to make or cause to be made from time to 
time, surveys for the exact locating of the lines of new, ex- 
tended, widened, or narrowed streets in the whole or in any 



88 Chapter 55 [1935 

portion of the municipality, and, council may empower the 
planning board to make and certify to council, when com- 
pleted, a plat of the area thus surveyed on which are indicated 
the locations of the lines recommended by the planning board 
as the planned or mapped lines of future streets, street exten- 
sions, street widenings, or street narrowings. The making 
or certifying of a plat by the planning board, under such 
authorization by council, shall not in and of itself constitute 
or be deemed to constitute the opening or establishment of 
any street or the taking or acceptance of any land for street 
purposes. 

17. Establishment of Official Map. Provided that the 
planning board of any municipality shall have adopted a mas- 
ter plan, as provided herein, which includes a major street 
plan or shall have progressed in its master planning to the 
stage of the making and adoption of a major street plan, and 
shall have certified a copy of such major street plan to council, 
as provided in section 16 hereof, council is hereby empowered 
and authorized to establish an official map of the municipality 
showing the location of the exterior lines of streets of the 
whole or of any parts of the municipality theretofore existing 
laid out and established by law as public streets, and may also 
show the location of the exterior lines of parks. Such official 
map is to be deemed to be final and conclusive with respect to 
the location and width of streets and the location of parks 
shown thereon. Such official map as may be established pur- 
suant to the terms of this act is hereby declared to be estab- 
lished to conserve and promote the public health, safety, con- 
venience or general welfare. The ordinance establishing or 
adopting such official map shall provide that a certificate, 
signed by the city or town clerk, the clerk of the district com- 
missioners, or other duly authorized recording official, giving 
notice that the said municipality has established an official 
map, including the date of such establishment, shall forth- 
with be filed with the register of deeds of the county or coun- 
ties in which the municipality is situated. Such certificates 
shall be accompanied by a certified copy of the official map as 
adopted or established. Whenever a municipality shall have 
established an official map and shall have filed a certificate 
to that effect, together with a copy of the said official map, 
with the register of deeds for the county or counties in which 



1935] Chapter 55 89 

the municipality is situated, then no plat of a subdivision of 
land within said municipality shall thereafter be filed or re- 
corded at the office of the said register of deeds until it shall 
have been approved by the planning board and such approval 
entered in writing on the plat by the chairman or secretary of 
the planning board. 

18. Amendments to Official Map. Council is authorized 
and empowered, whenever and as often as it may deem it ad- 
visable or necessary for the public interest, to change, or add 
to the official map of the municipality so as to establish the 
exterior lines of the new streets, or parks, or to widen, extend, 
relocate, narrow, vacate, abandon, or close existing streets or 
parks; and the acceptance of, change of use, acquisition 
of land for, or sale or lease of any street or other public way, 
ground, place, property or structure. No change shall become 
effective until after a public hearing shall have been held in 
relation thereto, at which parties in interest and citizens shall 
have had an opportunity to be heard. At least fifteen days' 
notice of such a public hearing shall be published in a news- 
paper of general circulation in said municipality and by post- 
ing a notice to the same effect at the city or town hall, or in 
whatever place other notices required by law in connection 
with municipal affairs are posted or customarily displayed. 
Before making such addition, amendment or change, council 
shall refer the matter to the planning board for report there- 
on ; but, if the planning board shall not make its report within 
thirty days of such reference, it shall be deemed thereby to 
have forfeited the right further to suspend action. In the 
event that the planning board disapprove the proposed addi- 
tion, amendment or change, council shall not have the right 
to overrule such decision, unless by vote of not less than two 
thirds of its entire membership in case of a city, or by major- 
ity vote of the legal voters present and voting at a regular 
or special town or district meeting in the case of a town or 
district. Such additions, amendments, and changes when 
adopted shall become a part of the official map of the munici- 
pality, and shall be deemed to be final and conclusive with 
respect of the location of the streets and parks shown there- 
on. The locating, widening, narrowing, or closing, or the ap- 
proval of locating, widening, narrowing or closing of streets 
and parks by the municipality under provisions of law other 



90 Chapter 55 [1935 

than those contained in this act shall be deemed to be a 
change or addition to the official map, and shall be subject to 
all the provisions of this act. 

Regulation of Subdivision of Land 

19. Grant of Power to Regulate. A municipality may by 
ordinance or resolution authorize and empower the planning 
board, after due establishment and recording of the official 
map of the municipality, as provided in section 17 hereof, to 
approve or disapprove, in its discretion and judgment, plats 
showing new streets, or the widening thereof, or parks, and 
the ordinance or resolution thus empowering the planning 
board shall make it the duty of the city clerk, town clerk, 
clerk of district commissioners or other appropriate recording 
official to file with the register of deeds of the county in 
which the said municipality is situated a certificate or notice 
showing that the said planning board has been so authorized, 
giving the date of such authorization. 

20. Recording of Plats. After the certificate or notice re- 
ferred to in section 19 hereof has been filed with the register 
of deeds of the county in which the municipality is located, 
no plat of a subdivision of land showing a new street or widen- 
ing or narrowing thereof or park shall be filed or recorded in 
the offices of the said register of deeds until it has been ap- 
proved by the planning board, and such approval has been 
indorsed in writing on the plat in such manner as the planning 
board may designate. After such plat is approved and filed, 
subject, however, to review by court as hereinafter provided, 
the streets and parks shown on such plat shall be and become 
a part of the official map of the municipality. The filing or 
recording of a plat of a subdivision without the approval of 
the planning board as required by this act shall be void. 

21. Subdivision Regulations; General. Before exercising 
the powers referred to in section 19 hereof, the planning 
board shall adopt regulations governing the subdivisions of 
land within its jurisdiction. Such regulations may provide 
against such scattered or premature subdivision of land as 
would involve danger or injury to health, safety, or prosperity 
by reason of the lack of water supply, drainage, transporta- 
tion, or other public services, or necessitate an excessive ex- 
penditure of public funds for the supply of such services. 
Such regulations may provide for the harmonious development 



1935] Chapter 55 91 

of the municipality and its environs; for the proper arrange- 
ment and co-ordination of streets within subdivisions in rela- 
tion to other existing or planned streets or with other features 
of the official map of the municipality; for open spaces of 
adequate proportions and for suitably-located streets of suffi- 
cient width to accommodate existing and prospective traffic 
and to afford adequate light, air, and access of fire-fighting 
apparatus and equipment to buildings, and be co-ordinated 
so as to compose a convenient system. The regulations of the 
board may require in proper cases that plats showing new 
streets or narrowing or widening thereof submitted to it for 
approval shall show a park or parks suitably located for play- 
ground or other recreational purposes ; they may require that 
proposed parks shall be of reasonable size for neighborhood 
playgrounds or other recreation uses, and that the land indi- 
cated on plats submitted shall be of such character that it 
can be used for building purposes without danger to health ; 
they may prescribe minimum widths, depths and areas of lots 
so as to avoid congestion of population and generally may in- 
clude provisions which will tend to create conditions favorable 
to health, safety, convenience or prosperity. 

22. Subdivision Regulations; Additional Requisites. Such 
regulations of the planning board may stipulate, as a condi- 
tion precedent to the approval of the plat, the extent to which 
and the manner in which streets shall be graded and improved 
and to which water, sewer, and other utility mains, piping, 
connections, or other facilities shall be installed. The regula- 
tions or practice of the planning board may provide for the 
tentative approval of the plat before such improvements and 
installations have been constructed but any such tentative 
approval shall not be entered upon the plat. Such regulations 
may provide that, in lieu of the completion of such work and 
installations previous to the final approval of a plat, the plan- 
ning board may accept a bond, in an amount and with surety 
and conditions satisfactory to it, providing for and securing to 
the municipality the actual construction and installation of 
such improvements and utilities within a period specified by 
the planning board and expressed in the bond ; and the munici- 
pality is hereby granted the power to enforce such bonds by 
all appropriate legal and equitable remedies. Such regula- 
tions may provide, in lieu of the completion of such work and 



92 Chapter 55 [1935 

installations previous to the final approval of a plat, for an 
assessment or other method whereby the municipality is put 
in an assured position to do said work and make said altera- 
tions at the cost of the owners of the property within the sub- 
division. All such regulations shall be published as provided 
by law for the publication of ordinances in the said munici- 
pality, and, before adoption, a public hearing shall be held 
thereon. A copy of the regulations as adopted, signed by 
the chairman or secretary of the planning board, shall be 
filed with the register of deeds of the county or counties in 
which the municipality is located. Such regulations may be 
amended, changed, altered, added to or rescinded from time to 
time whenever this action is deemed necessary or advisable 
by the planning board, but only following public hearing on 
the proposed amendment, change, alteration, addition or re- 
scission, and a statement, signed by the chairman or secretary 
of the planning board, indicating any variances thus author- 
ized from such regulations as were previously filed, shall be 
transmitted to the register of deeds of the county in which 
the municipality is located. 

23. Board's Procedure on Plats. The planning board shall 
approve or disapprove a plat within thirty days after the sub- 
mission thereof to it; otherwise such plat shall be deemed 
to have been approved, and the certificate of the municipal- 
ity, as to the date of submission of the plat for approval and 
the failure to take action thereon within such time, shall be 
issued on demand and shall be sufficient in lieu of the written 
indorsement or other evidence of approval herein required; 
provided, however, that the applicant for the board's approval 
may waive this requirement and consent to an extension of 
such period. The ordinance establishing the planning board 
or an ordinance amending such establishing ordinance shall 
specify the officer or employee of the municipality who shall 
issue in its behalf the certificate of failure on the part of the 
planning board to take action as aforesaid in this section. In 
case of disapproval of any plat submitted, the ground for such 
disapproval shall be adequately stated upon the records of the 
planning board. Any plat submitted to the planning board 
shall bear the name and address of the person to whom notice 
of a hearing shall be sent; and no plat shall be acted on by 
the planning board without affording a hearing thereon. 



1935] Chapter 55 93 

Notice shall be sent to the said address by registered mail, 
with return of receipt requested, stating the time and place 
of such hearing, not less than five days before the date fixed 
therefor. 

24. Status of Plats Approved. Every plat approved by 
the planning board shall, by virtue of such approval, be 
deemed to be an amendment of or an addition to or a detail of 
the official map and a part thereof. Approval of a plat shall 
not be deemed to constitute or effect an acceptance by the 
municipality or the public of the dedication of any street or 
other ground or open space shown upon the plat. 

25. Improvements in Unapproved Streets. A municipal- 
ity which has established and recorded an official map, as pro- 
vided in section 17 of this act, and has conferred upon a plan- 
ning board platting jurisdiction in accordance with section 19 
hereof, shall not thereafter accept, lay out, open, improve, 
grade, pave, or light any street or lay or authorize the laying 
of water mains, sewers, connections, or other facilities or utili- 
ties in any street, within any portion of the municipality in- 
cluded in the official map unless such street (a) shall have 
been accepted or opened as, or shall otherwise have received 
the legal status of a public street prior to the conferring of 
platting jurisdiction upon the planning board, or unless such 
street (b) correspond in its location and lines with a street 
shown on the official map or with a street shown on a subdi- 
vision plat approved by the planning board or with a street on 
a street plat made by and adopted by the board. Council 
may, however, accept, locate and construct any street not 
shown on or not corresponding with a street on the official 
map or on an approved subdivision plat or an approved street 
plat, provided the ordinance or other measure for the accept- 
ing, locating and construction of such street be first submitted 
to the planning board for its approval and, if approved by the 
board, be approved by a majority vote of the entire member- 
ship of council or, if disapproved by the planning board, be 
approved by not less than two thirds of the entire member- 
ship of council in case of a city or by majority vote of the 
legal voters present and voting at a regular or special town or 
district meeting in the case of a town or district. A street 
approved as provided in this section shall thereupon have the 
status of an approved street as fully as though it had been 



94 Chapter 55 [1935 

originally shown on the official map or on a subdivision plat 
approved by the planning board, or had been originally platted 
by the planning board. 

26. Erection of Buildings. From and after the time when 
a planning board shall expressly have been granted platting 
jurisdiction by a municipality, as described in section 19 of 
this act, no buildings shall be erected on any lot within any 
part of such municipality covered by the official map, nor shall 
a building permit be issued therefor unless the street giving 
access to the lot upon which such building is proposed to be 
placed (a) shall have been accepted or opened as or shall 
otherwise have received the legal status of a public street 
prior to that time, or unless such street (b) correspond in its 
location and lines with a street shown on the official map or 
with a street on a subdivision plat approved by the planning 
board or with a street on a street plat made by and adopted by 
the planning board or with a street located and accepted by 
council, after submission to the planning board, and in case of 
said planning board's disapproval, by the favorable vote re- 
quired in section 25 of this act. Wherever the enforcement 
of the provisions of this section of this act would entail prac- 
tical difficulty or unnecessary hardship, and where the cir- 
cumstances of the case do not require the building, structure 
or part thereof to be related to existing or proposed streets, 
the applicant for such permit may appeal from the decision 
of the administrative officer having charge of the issue of 
permits to the board of adjustment in any municipality which 
has adopted zoning regulations, in accordance with chapter 42 
of the Public Laws of New Hampshire, or, in municipalities 
where no board of adjustment exists, to council, or to a board 
of appeals, whichever is appropriate, in accordance with the 
provisions of sections 32 and 33 of this act, including the re- 
quirement for a public hearing. In passing on such appeal 
the board of adjustment, council or board of appeals may 
make any reasonable exception and shall have the power to 
authorize or issue a permit, subject to such conditions as it 
may impose, where the issuance of the permit would not tend 
to distort the official map or increase the difficulty of carrying 
out the master plan upon which it is based. Any such de- 
cision made in this connection by a board of adjustment, 
council or by a board of appeals pursuant to the provisions 



1935] Chapter 55 95 

of this section and of sections 31, 32 and 33, shall be subject 
to review by certiorari issued out of a court of record in the 
manner described in section 34 of this act. 

27. Penalties for Transferring Lots in Unapproved Subdi- 
visions. Whoever, being the owner or agent of the owner of 
any land located within a subdivision, transfers or sells or 
agrees to sell or negotiates to sell any land by reference to, 
or exhibition of, or by other use of, a plat of a subdivision, 
before such plat has been approved by the planning board and 
recorded or filed in the office of the appropriate register of 
deeds shall forfeit and pay a penalty of one hundred dollars 
for each lot or parcel so transferred or sold or agreed or 
negotiated to be sold; and the description by metes and 
bounds in the instrument of transfer or other document used 
in the process of selling or transferring shall not exempt the 
transaction from such penalties. Said municipality, through 
its solicitor or other official designated by its council may en- 
join such transfer or sale or agreement by action for injunc- 
tion and may recover the said penalty by civil action. 

28. Duties of Register of Deeds. A register of deeds of 
any county where plats of subdivisions shall be recorded as 
provided in section 20 hereof, who files or records a plat of a 
subdivision without the approval of a planning board where 
required by law shall be deemed guilty of a misdemeanor and 
shall be fined not less than one hundred nor more than five 
hundred dollars. 

29. Status of Existing Platting Statutes. From and after 
the time when a planning board shall expressly have acquired 
platting jurisdiction in the manner described herein such 
jurisdiction shall be exclusive and all statutory control over 
plats or subdivisions of land granted by other statutes shall 
so far as is in harmony with the provisions of this act be 
deemed transferred to the planning board as herein authorized 
and described, and, so far as the regulations of such statutes 
are inconsistent with such of the powers granted by this act 
as have expressly by ordinance been adopted by a municipal- 
ity and wherever made available to a planning board accord- 
ing to the provisions hereof, they are hereby declared to have 
no application, force or effect so long as the said powers con- 
ferred by this act shall continue to be exercised by a munici- 
pality. 



96 Chapter 55 [1935 

Regulations of Buildings within Bed of Mapped Streets 

30. Refusal of Permit. A municipality which has estab- 
lished and recorded an official map, as provided in section 17 
of this act, may for the purpose of preserving the integrity 
of such official map provide by ordinance that from and after 
the time of such recording no permit shall be issued for any 
building or structure or part thereof, in the bed of or on any 
land located between the mapped lines of any street as shown 
or laid out on such official map except as provided in the fol- 
lowing subdivision: 

Appeals and Court Review 

31. Appeals: Where There Is a Zoning Ordinance. Any 
ordinance adopted pursuant to the provisions of section 30 
of this act shall provide that the board of adjustment created 
under a local zoning ordinance in accordance with the pro- 
visions of chapter 42, Public Laws of New Hampshire, and 
having the power to make variances or exceptions in zoning 
regulations shall have the further power, in specific cases and 
by vote of a majority of its members, upon an appeal filed with 
it by the owner of any such land, to grant a permit based on 
considerations of justice and equity for a building or structure 
or part thereof, in such mapped-street location in any case 
in which such board of adjustment finds, upon the evidence 
and arguments presented to it upon such appeal, (a) that the 
property of the appellant of which such mapped-street loca- 
tion forms a part will not yield a reasonable return to the 
owner unless such permit be granted, or (b) that, balancing 
the interest of the municipality in preserving the integrity 
of the official map and in not increasing too greatly the cost 
of later opening such street, and the interest of the owner in 
the use and benefits of his property, the grant of such permit 
is required by considerations of justice and equity. In the 
event that the said board of adjustment decides to authorize 
or issue a building permit in such case, it shall have the power 
to specify the exact location, ground area to be used or occu- 
pied, height, and other reasonable details and conditions of 
extent and character, and also the duration of the building, 
or part hereof, permitted. Such requirements shall be de- 
signed to promote the health, convenience, safety or general 
welfare of and shall inure to the benefit of the municipality. 
Such board of adjustment shall refuse a permit where the 



1935] Chapter 55 97 

applicant will not be substantially damaged by placing his 
building outside the said mapped-street location. 

32. Appeals: Where no Zoning Ordinance Exists. In any 

municipality, other than a town, in which there is no such 
board of adjustment, council until such time as a board of 
adjustment may be appointed as a result of the adoption of a 
zoning ordinance shall have the same powers as a board of 
adjustment to act but only under the circumstances and in 
such special cases as are specified in sections 26 and 31 of this 
act, and shall be subject to the same restrictions as apply to 
such a board of adjustment. For this purpose council is here- 
by authorized to act as a discretionary administrative or 
quasi- judicial body. When so acting it shall not sit as a legis- 
lative body but in a separate meeting, and with separate min- 
utes kept. In any town or village district in which there is 
no such board of adjustment, the chief local legislative body 
is hereby authorized to designate a board of appeals to be 
composed of five members, servmg as such without compen- 
sation, which shall have the authority of, and shall be subject 
to the same restrictions and regulations as apply to such board 
of adjustment but which shall have the power to act only 
under the circumstances and in such special cases as are speci- 
fied in this act and only until such time as such board of ad- 
justment may be appointed as a result of the adoption of a 
zoning ordinance. 

33. Appeals: Public Hearing. Before taking any action 
authorized in sections 26, 31 and 32, the board of adjustment, 
or council, or said boards of appeal, according to whichever 
of them is designated by ordinance as the body to which ap- 
peals may be made as provided in this act, shall give a hear- 
ing at which parties in interest and others shall have an 
opportunity to be heard. At least fifteen days' notice of the 
time and place of such hearing shall be published in a news- 
paper of general circulation in such municipality, and by 
posting a notice to the same effect at the city or town hall or 
in whatever place notices required by law in connection with 
municipal affairs are posted or customarily displayed. 

34. Court Review. Any persons aggrieved by any de- 
cision of the planning board concerning a plat or subdivision 
or building permit may present to a court of record a petition, 
duly verified, setting forth that such decision is illegal in 



98 Chapter 55 [1935 

whole or in part, specifying the grounds of the illegality. 
Such petition shall be presented to the court within thirty 
days after the filing of the decision in the office of the plan- 
ning board. Upon presentation of such petition the court 
may allow certiorari order directed to the planning board to 
review such decision and shall prescribe therein the time with- 
in which return thereto shall be made and served upon the 
petitioner's attorney, which shall not be less than ten days and 
may be extended by the court. The allowance of the order shall 
stay proceedings upon the decision appealed from. The plan- 
ning board shall not be required to return the original papers 
acted upon by it, but it shall be sufficient to return certified 
or sworn copies thereof, or of such portions thereof as may be 
called for by such order. The return shall concisely set forth 
such other facts as may be pertinent and material to show 
the grounds of the decision appealed from and shall be veri- 
fied. If, upon the hearing, it shall appear to the court that 
testimony is necessary for the proper disposition of the 
matter, it may take evidence or appoint a referee to take such 
evidence as it may direct and report the same to the court 
with his findings of fact and conclusion of law, which shall 
constitute a part of the proceedings upon which the determin- 
ation of the court shall be made. The court may reverse or 
affirm, wholly or partly, or may modify the decision brought 
up for review. Costs shall not be allowed against the munici- 
pality, unless it shall appear to the court that the planning 
board acted with gross negligence or in bad faith or with 
malice in making the decision appealed from. 

Miscellaneous Provisions 

35. Building Inspector. Council may provide for the en- 
forcement of this act by means of the withholding of building 
permits, and for this purpose a municipality which has not 
already designated an administrative official charged with the 
issuance of building permits is authorized to establish and fill 
the position of building inspector. From and after the estab- 
lishment of such position and the filling of same, it shall be un- 
lawful to erect, construct, or alter or reconstruct any build- 
ing or other structure without obtaining a building permit 
from such building inspector; and such building inspector 
shall not issue any permit unless the requirements of this 
act are complied with. 



1935] Chapter 55 99 

36. Other Measures of Enforcement and Remedies. Any 

building erected, constructed, altered or reconstructed in vio- 
lation of any ordinance enacted under the authority of this 
act shall be deemed an unlawful structure, and the building 
inspector or other administrative officer, charged with en- 
forcement of the ordinance, or the solicitor of the municipal- 
ity, may bring action to enjoin such erection, construction, 
alteration or reconstruction, or cause such structure to be 
vacated or removed or both. It shall be unlawful to erect, 
construct, alter or reconstruct any building or structure or 
part thereof in violation of this act. In case any building or 
structure or part thereof is or is proposed to be erected, con- 
structed, altered or reconstructed, or any land is or is proposed 
to be used in violation of this act, the administrative official 
charged with the issuance of building permits, or the solicitor 
of the municipality, or the owner of any adjacent or neighbor- 
ing property who would be specially damaged by such viola- 
tion, may, in addition to other remedies provided by law, in- 
stitute injunction, mandamus, abatement, or other appropri- 
ate action or proceeding to prevent or enjoin or abate or 
remove such unlawful erection, construction, alteration or 
reconstruction. 

37. Co-operative Regional Planning Boards. The plan- 
ning boards of one or more municipalities are hereby empow- 
ered to co-operate in the creation of a regional planning board 
for the making of a regional plan for the region defined as 
may be agreed upon by the said municipal planning boards. 
The number of members of such regional planning board and 
their method of appointment shall be such as may be agreed 
upon by the said municipal planning boards. Within the 
amount appropriated by council expressly for this specific 
purpose, a municipal planning board, thus co-operating with 
others, may be authorized to assume and pay an appropriate 
share in the costs of maintaining such regional planning 
board and such of its proposed undertakings as council may 
instruct the municipal planning board to participate in finan- 
cially as well as otherwise. Within these limitations, and 
others that may be established by the municipalities con- 
cerned, the said regional planning board shall have author- 
ity to maintain such office, to employ such employees or con- 
tract with such engineers and experts as it may deem neces- 
sary. 



100 Chapter 56 [1935 

38. Saving Clause. The invalidity of any provision of 
this act shall not affect the validity of any other provision. 

39. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved April 15, 1935.] 



CHAPTER 56. 

AN ACT IN RELATION TO TAX COLLECTORS. 



Section 

3. Takes effect. 



Section 

1. Tax collectors. 

2. Removal from oflfice. 

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

1. Tax Collectors. Amend chapter 47 of the Public Laws 
by adding after section 31 the following new section: 31-a. 
Supervision by Tax Commission. The tax commission shall 
have and exercise general supervision over all tax collectors 
in the performance of their duties to the end that the laws 
relating to the collection of taxes may be properly adminis- 
tered. 

2. Removal from Office. Amend chapter 47 of the Public 
Laws by adding after section 31-a, as inserted by this act the 
following new section: 31-b. Notice to Selectmen. When- 
ever as the result of an audit or examination by the tax com- 
mission or its authorized agents of the accounts of a tax 
collector said accounts are found to be irregular the tax com- 
mission may cause the removal of said tax collector by notice 
to the selectmen that the office is vacant. Upon receipt of 
such notice the selectmen shall appoint a suitable tax collector 
within ten days. Said selectmen shall issue a warrant to said 
appointee to collect the remainder of such taxes as have been 
uncollected by the collector who has been removed from office. 
Said appointee shall give bond, possess the powers, perform 
the duties and be paid as other collectors. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 22, 1935.] 



1935] Chapter 57 101 

CHAPTER 57. 

AN ACT REQUIRING REGISTERS OF DEEDS AND PROBATE TO 
REPORT INFORMATION TO SELECTMEN AND ASSESSORS. 



Section 

1. Register of deeds, duties. 

2. Information furnished. 

3. Register of probate, duties. 



Section 

4. List to selectmen and asses- 

sors. 

5. Takes effect. 



Be it enacted by the Senate and House of Representatives in 
Gene7'al Court convened: 

1. Register of Deeds, Duties. It shall be the duty of each 
register of deeds in the state to send to the selectmen of each 
town and assessors of each city in his respective county, be- 
tween the first and fifth days of April in each year, beginning 
with April, 1936, a list of all deeds, mortgages and other con- 
veyances of real estate located in their respective towns, 
which had been recorded in said registry during the preceding 
tax year. 

2. Information Furnished. Such lists shall be made on 
forms prescribed by the state tax commission, shall contain 
the names of each grantor and grantee, the date of the con- 
veyance, the date when recorded, the consideration, the 
amount of stamps thereon, and a short description of the 
property transferred, together with such information as the 
tax commission may prescribe. Each register of deeds shall 
receive a fee of twenty cents for each transfer on said lists so 
furnished, and said fee shall be paid by each town receiving 
such lists. 

3. Register of Probate, Duties. It shall be the duty of 
each register of probate in the state to keep a list of deceased 
persons whose estates are entered for probate, said list to be 
indexed alphabetically, both as to the name of the deceased 
and as to the names of devisees of real estate situated in New 
Hampshire or the names of the heirs-at-law inheriting such 
real estate if there be no will, and shall show the date of 
death, residence of such deceased, devisee or heir, and the 
town or city in which such real estate is located. 

4. List to Selectmen and Assessors. Each register of pro- 
bate shall, between the first and fifth days of April in each 
year, beginning with April, 1936, send to the selectmen of 
each town and assessors of each city in which a deceased per- 
son whose estate was entered for probate during the preceding 
tax year resided or owned real estate, a list containing the 



102 Chapter 58 [1935 

name and date of death of such deceased person or persons. 
Each register of probate shall receive a fee of ten cents for 
each name on said lists so furnished, which fee shall be paid 
by the city or town receiving said lists. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 22, 1935.] 



CHAPTER 58. 

AN ACT RELATING TO FOREIGN INSURANCE COMPANIES 
AND THEIR AGENTS. 



Section 

3. Repeal ; takes effect. 



Section 

1. Foreign insurance companies. 

2. Companies not licensed to do 

business in this state. 

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

1. Foreign Insurance Companies. Amend section 18 of 
chapter 275 of the Public Laws, as amended by section 1, 
chapter 95, Laws of 1927, by striking out said section and in- 
serting in place thereof the following: 18. Insuring Through 
Agents. Foreign insurance or surety companies, although 
authorized to transact business within this state, shall only 
make, write, place or cause to be made, written or placed, poli- 
cies or contracts of insurance or suretyship which are to be 
effective within this state, through agents who are residents 
of this state and who are regularly commissioned and licensed 
to transact business herein. 

2. Companies Not Licensed to do Business in this State. 
Amend said chapter 275 by adding after section 18 the fol- 
lowing new sections: 18-a. Purchase of Policy From . 

Whenever any person residing within this state, or any cor- 
poration incorporated under the laws hereof, or any foreign 
corporation authorized to do business herein, shall purchase 
a policy or contract of insurance or suretyship from a company 
not licensed as required by the laws of this state, and which 
is to be effective on property, rights or risks within this state, 
unless such policy or contract of insurance or suretyship shall 
have been wholly made outside this state, or by mail, and not 
as the result of personal solicitation by any agent of such un- 
licensed company, or by the act of any other person performed 



1935] Chapter 58 103 

within this state and unless the execution of such contract 
shall be contemplated to occur wholly without this state, in- 
cluding payment of premiums and adjustment and payment of 
loss, he or it shall forthwith report such purchase in detail to 
the insurance commissioner, and shall pay to the state treas- 
urer an amount equal to four per cent of the gross premium 
paid for such policy or contract. In case of the failure to make 
the said report within thirty days from the date of the pur- 
chase of such policy or contract, instead of four per cent the 
purchaser shall pay to the state treasurer an amount equal to 
eight per cent of the gross premium and the state treasurer 
may recover the same in any court of competent jurisdiction. 
18-b. Adjustment. No adjustment with the policy or con- 
tract holder for a loss under any policy or contract where a 
payment to the state treasurer is required under the provi- 
sions of the preceding section shall be made unless and until 
the adjuster thereof shall have paid to the state treasurer one 
half of one per cent of such adjustment, and the state treas- 
urer may recover the same either from the adjuster or from 
the policy or contract holder in any court of competent juris- 
diction. 18-c. Penalty. Any person or corporation, other 
than a purchaser of a policy or contract of insurance or sure- 
tyship, violating or failing to comply with any of the provi- 
sions of sections 18, 18-a or 18-b shall be fined not more than 
five hundred dollars or imprisoned not more than six months 
or both. If a purchaser of a policy or contract of insurance 
or suretyship shall wilfully violate or fail to comply with any 
of said provisions he shall be subject to the penalties pre- 
scribed herein. 18-d. Examination of Records. The insur- 
ance commissioner, or his duly authorized agent or agents, 
shall at all reasonable times have access to the books and rec- 
ords of any person residing, or any corporation doing business, 
within this state, for the purpose of ascertaining whether any 
of the provisions of sections 18, 18-a or 18-b have been vio- 
lated, and upon application of the attorney-general, at the 
request of said commissioner, the superior court shall have 
jurisdiction to issue writs of mandamus commanding any 
person or corporation so to exhibit his or its books or records 
for such examination. No person shall be excused from ex- 
hibiting his books or records for the reason that he may 
thereby incriminate himself; but no such books or records so 



104 Chapter 59 [1935 

exhibited shall, in any prosecution, be used as evidence, either 
directly or indirectly, against him nor shall he be thereafter 
prosecuted for any offense disclosed by such exhibition of his 
books or records. 

3. Repeal; Takes Effect. All acts and parts of acts incon- 
sistent with this act are hereby repealed, and this act shall 
take effect upon its passage. 

[Approved April 22, 1935.] 



Section 

2. Takes effect. 



CHAPTER 59. 

AN ACT AUTHORIZING REIMBURSEMENTS TO THE STATE 
LABORATORY OF HYGIENE. 

Section 

1. Laboratory of hygiene. 

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

1. Laboratory of Hygiene. Amend section 6, chapter 127, 
Public Laws, by striking out said section and inserting in 
place thereof the following: 6. Service; Reimbursements. 

All investigations conducted in the said laboratory under the 
provisions of this chapter shall be free to the people of this 
state, provided that in the case of investigation or service ren- 
dered by the said laboratory to other departments, not 
required of it by law, payment may be made for such service 
by the department requesting same. Said laboratory is 
authorized to receive reimbursements covering the actual cost 
to it of such stock or supplies as it may furnish to other de- 
partments or to the public as an accommodation, also to re- 
ceive any reimbursements which may be made on account of 
any of its property that may be lost or damaged in transit. All 
moneys received under the provisions of this section shall be 
paid into the state treasury as provided in section 10, chapter 
15, Public Laws, but shall be credited to the appropriation for 
said laboratory. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 26, 1935.] 






%£^ 



^O: 



1935] 



Chapter 60 






% 



CHAPTER 60. A/e^ ^ ''^^sh^^Cfl 

AN ACT RELATING TO THE SALE OF EGGS AT RETAIL OR W^^JEjgx . ^^Q 



SALE, DEFINING FRESH EGGS AND REQUIRING 
MARKINGS OF SIZE. 



3. 

4. 
5. 
6. 



Section 

7. Shell-treated eggs. 

8. Rules and regulations. 

9. Hearings. 

10. Penalty. 

11. Interpretation. 

12. Takes effect. 



Section , 

1. Definitions. 

2. Shall not sell as fresh cer- 
tain eggs. 

Definition of fresh egg. 
Fresh eggs to be marked. 
Size to be marked. 
Tolerance. 

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

1. Definitions. Terms used in this act shall be construed 
as follows unless a different meaning is clearly apparent from 
the language or context: 

I. "Person" means any person, firm, partnership, cor- 
poration or association. 

II. "Retail" means selling direct to consumer. 

III. "Candling" means the common practice of examin- 
ing the interior of an egg by holding and twirling the same 
before a bright light passing through an aperture in an 
opaque shield. 

IV. "Shell-treated eggs" or "shell protected eggs" 
means eggs which have been preserved or protected by treat- 
ing the shell. 

V. "Large" eggs shall mean eggs which average at least 
twenty-four ounces to the dozen and no egg weighing less 
than one and eleven-twelfths ounces. 

VI. "Medium" eggs shall mean eggs which average at 
least twenty-one and one-half ounces to the dozen and no egg 
weighing less than one and nine-twelfths ounces. 

VII. "Pullet" or "small" eggs shall mean eggs which 
average at least nineteen ounces to the dozen and no egg 
weighing less than one and seven-twelfths ounces. 

VIII. "Pewee" eggs shall include all eggs which do not 
meet the requirements of Large, Medium, Pullet or Small. 

IX. "Unclassified" eggs shall mean eggs which have not 
been sorted or graded to size. 

X. "Eggs" shall mean hen's eggs. 

2. Shall Not Sell as Fresh. No person shall sell, offer, ex- 
pose or advertise for sale, or exchange or distribute eggs as 



106 Chapter 60 [1935 

fresh eggs, strictly fresh eggs, native eggs, hennery eggs, 
nearby eggs, or new laid eggs, or under other words or de- 
scriptions of similar import, any eggs which are not fresh as 
defined in the following section. 

3. Definition of Fresh Egg. No egg shall be deemed to be 
fresh which does not meet the following standards of quality, 
the final determination of which shall be made by candling: 

Air cell not greater than one-fourth inch in depth, local- 
ized and regular in outline; 

Yolk fairly well centered, outline only moderately defined, 
slightly mobile, free from visible germ development ; 

White, firm and clear; 

Free from objectionable odor and flavor. 

4. Fresh Eggs to be Marked. All fresh eggs for human 
consumption sold, offered, exposed or advertised for sale at 
retail, or wholesale, or exchanged or distributed at retail, or 
wholesale, within the state shall be plainly and conspicuously 
marked and identified with the word "fresh." 

5. Size to be Marked. The size of all eggs for human con- 
sumption which are sold, offered, exposed or advertised for 
sale at retail, or wholesale, or exchanged or distributed at re- 
tail, or wholesale, within this state in bulk, or in open or closed 
packages or containers, shall be plainly and conspicuously 
marked and identified as large, medium, pullet, small, pewee 
or unclassified, as the case may be, or by such other terms 
as the commissioner of agriculture may from time to time 
prescribe. 

6. Tolerance. In order to allow for variations incident to 
proper grading and handling the following tolerances shall be 
allowed : 

I. For fresh eggs — two eggs per dozen which must meet 
the following minimum requirements; air cell not greater 
than three-eighths inch in depth, localized, may be slightly 
tremulous; yolk may be visible, mobile, germ development 
slightly visible; white reasonably firm. 

II. For size — two eggs per dozen but these eggs shall 
not be lighter in weight than the next smaller size as desig- 
nated in this act. 

7. Shell-treated Eggs. Shell-treated eggs or shell pro- 
tected eggs sold, offered, exposed or advertised for sale at 
retail, or wholesale, or exchanged or distributed at retail, or 



1935] Chapter 60 107 

wholesale, within the state shall be plainly and conspicuously 
marked and identified as shell-treated or shell protected. 

8. Rules and Regulations. The commissioner of agricul- 
ture shall have general authority to administer this act and 
shall make and may modify uniform rules and regulations for 
carrying out the provisions of this act. Said commissioner is 
hereby authorized to appoint agents to assist him and to fix 
their salaries within the amount appropriated therefor. He 
shall in person or by his deputy or agent have free access, in- 
gress and egress at all reasonable hours to any place, building 
or vehicle in which eggs are sold, offered or exposed for sale, 
or exchanged or distributed at retail, or wholesale. He shall 
also have power in person or by his deputy or agent to open 
any package or container, and may upon tendering the market 
price take such container and its contents or sample there- 
from. 

9. Hearings. When the commissioner of agriculture be- 
comes cognizant of any violation of any of the provisions of 
this act he shall cause notice of such violations, together with 
the copy of his findings, to be given the person or persons con- 
cerned. Persons so notified shall be given a hearing under 
rules and regulations provided by the commissioner. Notice 
of such hearing shall declare the date, hour and place of hear- 
ing. 

10. Penalty. Any person violating any of the provisions 
of this act shall be fined not more than twenty-five dollars for 
the first offense and for each subsequent offense not more 
than one hundred dollars. All fines shall be paid to the com- 
missioner of agriculture by the justice or court imposing 
same, within ten days after their receipt, and shall be used 
for the enforcement of the act. 

11. Interpretation. Nothing in this act shall be construed 
as interfering with the powers of the state board of health or 
with statutes relating to public health and sanitary inspec- 
tion, production and distribution of food, whether under chap- 
ters 136, 137, 138 and 139 of the Public Laws and amendments 
thereto or otherwise. 

12. Takes Effect. This act shall take effect July 1, 1935. 
[Approved April 26, 1935.] 



108 



Chapter 61 



[1935 



CHAPTER 61. 

AN ACT RELATING TO THE BUYING OR SELLING OF LIVE POULTRY 
TO BE USED FOR FOOD. 



Section 

1. License required. 

2. Expiration of license. 

3. Number plates. 

4. Transportation. 

5. Carrying license. 

6. Fees. 

7. Limitation. 



Section 

8. Bill of sale required. 

9. Rules and regulations. 

10. License revoked. 

11. Penalty. 

12. Receipts. 

13. Application of laws. 

14. Takes effect. 



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

1. License Required. No person shall engage in the busi- 
ness of buying or selling live poultry in this state the meat or 
product of which is to be sold or used for food unless he has a 
license from the commissioner of agriculture. The applica- 
tion for said license shall be made upon a form prescribed by 
said commissioner who may after he is satisfied of the respon- 
sibility and character of the applicant issue a license to said 
applicant to buy or sell live poultry as aforesaid. 

2. Expiration of License. All licenses issued under the 
provisions of this act shall expire on March thirty-first of each 
year. 

3. Number Plates. The commissioner shall furnish to 
each licensee two number plates of suitable design, each to 
have displayed thereon a distinguishing number. Said num- 
ber plates shall be different in design for each year of issue. 

4. Transportation. No such licensee shall transport live 
poultry for food purposes until the vehicle used by him for 
such transportation shall have displayed thereon the number 
plates herein .provided. Separate number plates shall be 
issued for each vehicle to be used by such licensee in the busi- 
ness of buying or selling live poultry as aforesaid. 

5. Carrying License. Every person operating a vehicle 
used in the business of buying or selling live poultry shall have 
the license to engage in such business, or a certified copy 
thereof, in said vehicle in some easily accessible place. 

6. Fees. The fee for each license issued hereunder shall 
be two dollars which shall entitle the licensee to one set of 
number plates. The price for each certified copy of license 
and an additional set of number plates shall be fifty cents. 

7. Limitation. The provisions of this act relative to re- 



1935] Chapter 61 109 

quiring a license shall not apply to a merchant who does not go 
from place to place buying or selling live poultry. 

8. Bill of Sale Required. No person shall transport live 
poultry which he has obtained from another from place to 
place along any public highway unless he has in his posses- 
sion a bill of sale or other memorandum signed by the vendor, 
owner, or agent of the same, and containing the address of 
such vendor or owner, the date of sale or other transaction 
involving the transfer of possession, the breed, weight, price 
and approximate number of live poultry obtained. 

9. Rules and Regulations. The commissioner of agricul- 
ture shall have general authority to administer this act and 
shall make and may modify rules and regulations carrying out 
its provisions including the determination of the form and de- 
sign of number plates to be used on vehicles. 

10. License Revoked. If any person shall violate any of 
the provisions of this act or any rule or regulation promul- 
gated hereunder his license may be revoked by the commis- 
sioner of agriculture after notice and hearing. 

11. Penalty. Any person violating the provisions hereof 
shall be fined not exceeding one hundred dollars or imprisoned 
not exceeding six months, or both. Any person who buys 
live poultry, except from a person licensed under this act or 
from a person who raised such live poultry or his agent, shall 
be fined not less than one hundred dollars nor more than two 
hundred dollars for each offense. 

12. Receipts. The commissioner of agriculture shall pay 
into the state treasury monthly all moneys received under the 
provisions of this act. The state treasurer shall hold all 
moneys so received in a separate fund and shall pay out the 
same upon warrant of the governor and upon order of the com- 
missioner of agriculture for the purpose of paying the ex- 
penses of the administration of this act. 

13. Application of Laws. The provisions of chapter 65, 
Laws of 1929, relative to transportation of live poultry shall 
not apply to licensees under this act. 

14. Takes Effect. This act shall take effect thirty days 
from date of passage. 

[Approved April 26, 1935.] 



110 Chapters 62, 63 [1935 

CHAPTER 62. 

AN ACT RELATING TO DEPOSITS OF CASH BY SAVINGS BANKS. 

Section j Section 

1. Savings banks. | 2. Takes effect. 

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

1. Savings Banks. Amend section 19 of chapter 262 of the 
Public Laws by striking out the words "on call or subject to 
check" in the first line; and further amend by adding at the 
end of said section the words, or in the Federal Home Loan 
Bank of Boston by banks which are members thereof, so that 
said section as amended shall read as follows: 19. Deposits 
of Cash. Deposits of cash shall be made in some national 
bank located in the New England states or in the cities of New 
York and Philadelphia, or in some trust company incorporated 
under the laws of this state or Massachusetts, or in such com- 
pany incorporated under the laws of the state of New York 
and located in New York City or in the Federal Home Loan 
Bank of Boston by banks which are members thereof. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 26, 1935.] 



CHAPTER 63. 

AN ACT RELATIVE TO COMMITMENT TO THE STATE HOSPITAL. 



Section 

2. Takes effect. 



Section 

1. Commitment to state hospi- 
tal by selectmen or police. 

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

1. By Selectmen or Police Chiefs. Amend section 11 of 
chapter 11 of the Public Laws by striking out said section and 
inserting in place thereof the following: 11. By Whom. 
Subject to the provisions of section 18, the parent, guardian 
or friends of any insane person or the board of selectmen in 
towns or chief of police or his deputy in cities may cause said 
insane person to be committed to the hospital, with the con- 
sent of the trustees, and there supported on such terms as 
they may agree. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 26, 1935.] 



3 935] Chapters 64, 65 111 

CHAPTER 64. 

AN ACT RELATING TO THE PRACTICE OF OPTOMETRY. 



Section 

2. Takes effect. 



Section 

1. Board of registration in op- 
tometry. 

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

1. Board of Registration. Amend section 2 of chapter 207 
of the Public Laws by striking out the word "three" in the 
second line and inserting in place thereof the word four, and 
by striking out the words "one physician" in the said second 
line, so that said section as amended shall read as follows: 
2. Eligibility. There shall be a board of registration in op- 
tometry consisting of four skilled optometrists and one oculist 
of good repute residing and doing business in the state. No 
person shall be eligible to serve on said board unless he shall 
have been engaged in the practice of his profession for a 
period of not less than six years previous to his appointment. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 26, 1935.] 



CHAPTER 65. 

AN ACT RELATING TO RAILROAD GRADE CROSSINGS. 

Section 

1. Railroad grade crossings. 

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



Section 

2. Takes effect. 



1. Railroad Grade Crossings. Amend section 33 of chap- 
ter 249 of the Public Laws of New Hampshire by striking out 
said section and inserting in place thereof the following sec- 
tion: 33. Regulations. Whenever after a hearing upon 
petition or upon its own motion the public service commission 
shall be of the opinion that the public safety demands that any 
highway grade crossing over any railroad shall be protected 
by gates, a flagman, automatic gong or otherwise, or that the 
land adjacent to said crossing shall be cleared and kept clear 
of buildings, trees, brush or other obstructions, it may make 
such order as in its opinion the public good may reasonably 
require and unless otherwise specified in said order it shall 
be the duty of the railroad corporation operating over the 



112 Chapter 66 [1935 

crossing to install such protection or to clear the land of such 
obstructions in compliance with such order. The costs of in- 
stalling, operating and maintaining any such gates, signal or 
other protective device or of providing such flagman or of 
clearing the land of obstructions shall be apportioned by the 
commission between the railroad passing over the crossing, 
the city or town in which the highway is located and the state 
of New Hampshire equitably and in accordance with the rela- 
tive benefit to be derived by each from such protection, giving 
due consideration to whether the railroad or the highway was 
first constructed, to the volume of highway travel, to the num- 
ber of trains operated by the railroad over the crossing and to 
all other relevant facts and circumstances. The cost to the 
state of such apportionment shall be a charge upon the high- 
way funds. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 1, 1935.] 



CHAPTER 66. 

AN ACT RELATIVE TO PAROLED PRISONERS. 



Section 

2. Takes effect. 



Section 

1. Payment of expenses for re- 
commitment of paroled 
prisoners. 

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

1. Payment of Expenses. Amend section 38 of chapter 
369 of the Public Laws by adding at the end of said section 
the following: provided that unless the recommitment of a 
paroled convict was requested by the county solicitor the ex- 
penses of such procedure incurred by sheriffs and their dep- 
uties shall be borne by the state upon warrant of the governor, 
so that said section as amended shall read as follows: 38. 
Assistant to Officer. The county solicitors, the sheriffs and 
their deputies and the police departments of the several cities 
shall, upon the request of the parole officer, furnish to the 
latter such information as they may possess relative to the 
conduct of paroled convicts and such reasonable assistance as 
he may require in his investigations, provided that unless the 
recommitment of a paroled convict was requested by the coun- 
ty solicitor the expenses of such procedure incurred by sher- 



1935] Chapters 67, 68 • 113 

iffs and their deputies shall be borne by the state upon war- 
rant of the governor. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 4, 1935.] 



CHAPTER 67.* 

AN ACT RELATING TO CONFISCATION OF LIQUOR OR BEVERAGES 
IN CERTAIN CASES. 



Section 

2. Takes effect. 



Section 

1. Forfeiture of liquor and 
beverages. 

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

1. Liquor and Beverages. Amend chapter 3 of the Laws 
of the special session of 1934 by adding after section 31 the 
following new section: 31-a. Forfeiture. Any person who 
is convicted of drunkenness, or of driving a motor vehicle 
under the influence of liquor, or of any violation of this act 
or of chapter 99, Laws of 1933, shall forfeit any liquor or 
beverages upon his person, or in said vehicle, if any, at the 
time of the commission of said offense, provided that this 
provision shall not apply to liquor or beverages legally in his 
possession for the purpose of sale. Any liquor or beverages 
so forfeited to the state shall be disposed of in such manner 
as the court shall determine. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 4, 1935.] 



Section 

2. Takes effect. 



CHAPTER 68. 

AN ACT RELATING TO THE SALE OF LIQUOR. 

Section 

1. Sunday sales of beverages. 

Be it enacted by the Senate and Hou^e of Representatives in 
General Court convened: 

1. Sunday Sales. Amend section 12 of chapter 3 of the 
Laws of the special session of 1934, as amended by an actf 
approved February 28, 1935, by adding after the figure "23" 

* Repealed, section 2, chapter 148, post. 
t Chapter 13, ante. 



114 Chapter 69 [1935 

the words, provided that persons holding Hcenses under the 
provisions of section 19 when making sales of beverages on 
Sundays or election days shall sell only to bona fide guests 
with meals in the dining room or in the rooms of the guests, 
so that said section as amended shall read as follows: 12. 
Rules and Regulations. Said commission shall have power to 
make all necessary and proper rules and regulations for carry- 
ing out the provisions of this act, and such rules and regula- 
tions shall have the effect of law. No sale of liquor or bever- 
ages shall be made on Sundays or election days except by per- 
sons holding licenses under the provisions of sections 19, 21, 
22 and 23 provided that persons holding licenses under the 
provisions of section 19 when making sales of beverages on 
Sundays or election days shall sell only to bona fide guests 
with meals in the dining room or in the rooms of the guests. 
Liquor or beverages shall not be sold in any establishment 
where booths that are not open at the end or that are more 
than forty-two inches high are used for serving patrons. 
Costumers may be erected and attached to the ends of booths. 
Such costumers shall be of such design and constructed in 
such manner as approved by the commission. 

2. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved May 6, 1935.] 



CHAPTER 69. 

AN ACT REGARDING THE WEEKLY PAYMENT OF WAGES. 



Section 

3. Enforcement of law. 

4. Takes effect. 



Section 

1. Weekly payment of wages. 

2. Penalty. 

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

1. Payment of Wages. Amend section 25 of chapter 176 
of the Public Laws by striking out said section and inserting 
in place thereof the following : 25. Weekly. Every person, 
firm or corporation engaged in the operation of a manufactur- 
ing, mechanical or mercantile establishment or in mining, 
quarrying or stone cutting, or in cutting, harvesting and driv- 
ing pulpwood and timber, or in a railroad, telegraph, telephone, 
express or aqueduct business, or in the erection, alteration, re- 
pair, or removal of any building or structure or in the con- 



1935] Chapter 70 115 

struction or repair of any railroad, road, bridge, sewer, gas, 
water or electric light works, pipes, or lines and every munici- 
pal corporation, employing more than ten persons at one time, 
shall pay the wages earned each week by employees who work 
by the day or week, within eight days, including Sunday, after 
the expiration of the week. Every such person, firm or cor- 
poration shall post on a form provided by the commissioner of 
labor a notice in a conspicuous place in his office that wages 
will be so paid, and shall keep the same so posted. 

2. Amendment. Amend section 28 of said chapter 176 
by striking out said section and inserting in place thereof the 
following: 28.* Penalty. Whoever wilfully violates any of 
the provisions of this subdivision shall be fined not more than 
twenty-five dollars for each offense provided that a prosecu- 
tion therefor is begun within six months after the offense is 
committed, but not otherwise. 

3. Enforcement. Amend said chapter 176 by adding 
after section 47, as inserted by chapter 130 of the Laws of 
1933, the following new section: 48. Commissioner of 
Labor. It shall be the duty of the commissioner of labor to 
enforce the provisions of this chapter, provided that nothing 
in this section shall be construed as eliminating the right of 
any party aggrieved to make complaint for any violation 
thereof. 

4. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 6, 1935.] 



CHAPTER 70. 

AN ACT RELATING TO LEVY OF EXECUTIONS ON REAL ESTATE. 



Section 

3. Takes effect. 



Section 

1. Homestead right. 

2. Repeal. 

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

1. Homestead Right. Amend section 6 of chapter 214 of 
the Public Laws by striking out said section and inserting in 
place thereof the following: 6. Levy. The ofl^cer required 
to levy an execution on the debtor's property, in which a 
homestead right may exist, may levy the execution and set off 



* Amended, chapter 102, post. 



116 Chapters 71, 72 [1985 

or sell said property in accordance with the provisions of chap- 
ter 345 of the Public Laws, subject to any such homestead 
right. 

2. Repeal. Sections 7 to 15 inclusive of chapter 214 of the 
Public Laws, relative to the procedure in setting off the home- 
stead right in a levy of execution, are hereby repealed. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 8, 1935.] 



CHAPTER 71. 



AN ACT RELATING TO EXEMPTION FROM TAXATION OF PROPERTY 
OWNED BY THE BLIND. 



Section 

2. Takes effect. 



Section 

1. Exemption from property 
taxation for blind per- 
sons. 

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

1. Taxation. Amend chapter 60 of the Public Laws by 
adding after section 26 a new section which shall read as fol- 
lows: 26-a. Exemption for the Blind. Every inhabitant to- 
tally deprived of his eyesight shall be exempt each year from 
taxation upon his taxable property to the value of one thou- 
sand dollars, provided that the total property owned by such 
blind person and his or her spouse shall not exceed the value 
of five thousand dollars. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 8, 1935.] 



CHAPTER 72. 



AN ACT RELATING TO SAFETY GLASS ON MOTOR VEHICLES. 



Section 

2. Takes effect. 



Section 

1. Safety glass for motor ve- 
hicles. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Safety Glass. Amend chapter 103 of the Public Laws 
by adding thereto the following subdivision : 



1935] Chapter 72 117 

Safety Glass 

29. Safety Glass Required. On and after January 1, 1936, 
and except as hereinafter otherwise provided, it shall be un- 
lawful to operate on any public highway in this state, any 
motor vehicle which is registered under the laws of this state 
and which shall have been manufactured or assembled on or 
after January 1, 1936, unless such motor vehicle be equipped 
with safety glass wherever glass is used in partitions, doors, 
windows, or windshields. 

30. Safety Glass Defined. The term "safety glass" as 
used herein shall be construed as meaning glass so treated or 
combined with other materials as to reduce, in comparison 
with ordinary sheet glass or plate glass the likelihood of 
injury to persons by objects from external sources or by glass 
when the glass is cracked or broken. 

31. Registration Prohibited. The commissioner of motor 
vehicles shall approve and maintain a list of the approved 
types of glass, conforming to recognized specifications, tests 
and requirements for safety glass as defined herein and shall 
not register any motor vehicle subject to the provisions of this 
subdivision, unless such motor vehicle be equipped as herein 
provided with such approved type of glass. 

32. Application for Registration. The commissioner of 
motor vehicles shall require resident owners of motor vehicles 
in applications for registration to state whether said vehicle 
was manufactured or assembled after January 1, 1936, and if 
so the type of glass used in" partitions, doors, windows and 
windshields of each motor vehicle registered. 

33. Motor Vehicles of Non-residents Excepted. The pro- 
visions of this subdivision shall not apply to any motor vehicle 
registered in another state by a bona fide resident of said 
state. 

34. Penalties. The operator, owner or custodian of any 
motor vehicle which is operated in violation of the provisions 
of this subdivision shall be fined not more than twenty-five 
dollars or imprisoned not exceeding ten days or both. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 8, 1935.] 



Section 

6. Trailers and tractors. 

7. Operation of motor vehicles. 

8. Motor vehicle road tolls. 

9. Penalty. 

10. Takes effect. 



118 Chapter 73 [1935 

CHAPTER 73. 

AN ACT RELATING TO THE ADMINISTRATION OF THE MOTOR 
VEHICLE LAW. 

Section 

1. Throughways. 

2. Dealer defined. 

3. Motor vehicle repair men. 

4. Distinguishing number 

plates. 

5. Fee for registration. 

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

1. Through Ways. Amend chapter 90 of the Public Laws, 
as amended by chapter 119 of the Laws of 1929, by adding 
at the end of said chapter as amended the following new sec- 
tion: 28. Enforcement. The commissioner of motor vehi- 
cles, his agents and examiners, sheriffs and their deputies, 
police officers, constables and selectmen shall have authority 
to enforce the provisions of sections 24 to 27, inclusive. 

2. Dealer Defined. Amend paragraph IV of section 1 of 
chapter 99 of the Public Laws, as amended by chapter 52, 
Laws of 1927, by striking out said paragraph and inserting in 
place thereof the following: IV. "Dealer," every person 
principally engaged in the business of buying, selling, or ex- 
changing new and secondhand motor vehicles on commission 
or otherwise, who maintains a place of business devoted ex- 
clusively to the motor vehicle business and who holds a writ- 
ten contract with a manufacturer giving such persons selling 
rights for new motor vehicles or with a distributor of such 
vehicles who as such distributor holds a manufacturer's fran- 
chise or contract giving selling rights on new motor vehicles, 
and every person principally engaged in the business of buy- 
ing, selling, and exchanging secondhand motor vehicles and 
maintaining a place of business devoted exclusively to the 
motor vehicle business in which the repair of motor vehicles 
is subordinate or incidental to the business of buying, selling, 
and exchanging of the same. 

3. Motor Vehicle Repair Men. Amend section 1 of chap- 
ter 99 of the Public Laws by adding after paragraph XV the 
following new paragraph: XV-a. "Repair Men," any persons 
who are actively and regularly engaged in the business of re- 
building or repairing motor vehicles who have an established 
place of business. 



1935] Chapter 73 119 

4. . Amend chapter 100 of the Public Laws by add- 
ing after section 56, as inserted by chapter 53, Laws of 1927, 
the following new sections: 57. Repair Mbr. A repair 
man may make application to the commissioner, upon blanks 
furnished by him for that purpose, for a general distinguish- 
ing number for use on any unregistered motor vehicle not 
owned by him and temporarily in his custody for no other 
purpose than the trial or adjustment of such motor vehicle, 
and for use upon any motor vehicle owned by him and used in 
direct connection with his repair business for service or tow- 
ing purposes only. The commissioner may, if he is satisfied 
with the facts stated in the application, issue to the applicant 
a certificate of registration containing the name, residence, 
and address of such applicant and the distinguishing number 
assigned, and such other information as the commissioner 
may determine. 58. Number Plates. The commissioner 
shall furnish such repair man one set of number plates, and 
in his discretion the commissioner may issue one more set of 
number plates. 59. Use of Plates. A repair man shall not 
lend number plates which have been assigned to him under the 
provisions hereof, nor shall he lend or rent a motor vehicle to 
which such number plates have been attached. 60. Use of 
Cars. A repair man shall not operate motor vehicles, nor 
permit the same to be operated, under a repair man's regis- 
tration number except as specifically permitted under the pro- 
visions of sections 57 to 59, inclusive. 

5. Fee for Repair Men's Registration. Amend section 1, 
chapter 102 of the Public Laws, by adding after paragraph VII 
the following new paragraph: Vll-a. For motor vehicles 
owned by or under the control of a repair man, as provided in 
sections 57 and 58 of chapter 100 of the Public Laws, fifteen 
dollars for the first set of plates and ten dollars for one addi- 
tional set of plates. 

6. Trailers and Tractors. Amend section 5 of chapter 100 
of the Public Laws by inserting after the words "motor vehi- 
cle" in the second line the words, trailer or tractor, so that 
said section as amended shall read as follows: 5. Registra- 
tion Required. No person shall operate, or cause to be oper- 
ated, on the ways of this state any motor vehicle, trailer or 
tractor unless the same has been registered in accordance 
with the provisions of this chapter. 



120 Chapter 73 [1935 

7. Operation of Motor Vehicles. Amend section 15 of 
chapter 102 of the Public Laws, as amended by chapter 66, 
Laws of 1931, by striking out all of said section and inserting 
in place thereof the following: 15. Intoxication. Any per- 
son who shall operate, or attempt to operate, a motor vehicle 
upon any way while under the influence of intoxicating liquor 
or any narcotic or habit-producing drug, shall be imprisoned 
for not more than six months or shall be fined not more than 
five hundred dollars, or both ; his license shall be revoked, and 
he shall be ineligible for a license for one year thereafter. 
Upon a second conviction he shall be imprisoned for not less 
than one month nor more than six months, and fined not less 
than one hundred dollars nor more than five hundred dollars; 
his license shall be revoked and he shall be ineligible for a 
license for the next three calendar years. 

8. Motor Vehicle Road Toll. Amend section 7, chapter 
104, Public Laws, by striking out the words "six months" in 
the third line and inserting in place thereof the words, ninety 
days, so that said section as amended shall read as follows: 
7. Fuels for Other Uses. Whenever any person shall pur- 
chase any such fuels for any purpose other than for the pro- 
pulsion of motor vehicles upon highways he may, within 
ninety days after the date of said purchase, present to the 
state treasurer, on blanks furnished by him, a statement under 
oath as to the number of gallons used for such other pur- 
poses and the name of the person from whom purchased. The 
state treasurer, upon satisfying himself that said fuel was 
actually used for such other purposes, shall refund the road 
toll to said purchaser. 

9. Amendment. Amend section 8 of chapter 104 of the 
Public Laws as amended by chapter 159, Laws of, 1931, by 
adding after the word "dollars" in the fifth line the words, for 
each offense, so that said section as amended shall read as 
follows: 8. Penalty. Any distributor, dealer or purchaser 
of such fuels who shall violate any provision of this chapter, 
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 for each offense. If any 
distributor fails to render reports or to make payment of road 
tolls at the times specified by statute the commissioner may 
suspend or revoke his license. 



1935] Chapter 74 121 

10. Takes Effect. This act shall take effect thirty days 
after the date of its passage. 
[Approved May 11, 1935.] 



CHAPTER 74. 



AN ACT GRANTING CONSENT TO THE ACQUISITION OF LAND BY 
THE UNITED STATES OF AMERICA. 



Section 

6. Limitation. 

7. Jurisdiction. 

8. Eminent domain. 

9. Appropriation. 
10. Takes effect. 



Section 

1. Acquisition authorized. 

2. Approval of acquisition. 

3. Land use board. 

4. Public hearing. 

5. Approval by governor and 

council. 

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

1. Acquisition Authorized. Subject to the provisions of 
this act, consent is hereby given to the acquisition of lands 
in this state by the United States of America for any public 
purpose duly authorized by the laws of the United States. 

2. Approval of Acquisition. No land shall be acquired 
pursuant to this act until and unless the acquisition shall 
have been recommended by the board hereinafter provided 
for and shall have been approved by the governor and council ; 
but this act shall not apply to the acquisition by the United 
States of sites for post offices, custom houses or other public 
buildings, or effect an amendment or repeal of chapter 1 of 
the Public Laws. 

3. Land Use Board. There is hereby established a land 
use board consisting of five members, no more than three of 
whom shall be of the same political party, who shall be ap- 
pointed by the governor, with the advice and consent of the 
council. The terms of the members of such board shall be 
for one, two, three, four and five years, respectively, in the 
order of their appointment, and for five years thereafter. 
The members of said board shall serve without compensation. 
The governor, with the advice and consent of the council, shall 
appoint and commission one member as chairman and a second 
member as secretary of the board. Said board shall establish 
reasonable rules of procedure, and shall keep written records. 

4. . At least fourteen days before said board shall 

take action upon any proposed acquisition under the terms of 
this act, covering land in any town or city, it shall, by letter 



122 Chapter 74 [1935 

addressed to the board of selectmen in such town, or to the 
board of mayor and aldermen in such city, advise it in sub- 
stance in regard to the proposed acquisitions. At the request 
of the selectmen in such town or the board of mayor and alder- 
men in such city where the purchase of such land is contem- 
plated, said land use board shall grant a public hearing in 
such town or city, or at some other convenient place. Pro- 
vided, however, that no land shall be acquired under the provi- 
sions of this act until the acquisition of the same shall be 
approved by a majority of the voters present and voting at 
a regular or special town meeting in towns, or by a majority 
vote of the board of mayor and aldermen in cities. 

5. Approval by Governor and Council. The governor and 
council, upon recommendation of the land use board, are here- 
by authorized on behalf of the state: (a) To accept leases 
or enter into other agreements with the United States, or a 
duly authorized agency thereof, for the administration and 
maintenance of any such lands, with or without improve- 
ments, upon such terms and conditions as they may consider 
proper. Net income derived from any of such lands which 
may be designated for administration by the state forestry 
department shall be disposed of by the governor and council 
in the same manner as other income received from state 
forests and forestry reservations; and all income from other 
such lands shall be covered into the general funds of the 
state; (b) To accept deeds from the United States, of any 
such lands, upon such terms and conditions as they may con- 
sider proper. 

6. Limitations. Lands which may be acquired under this 
act shall be such as by reason of quality, location or condition 
are better adapted to public conservation, forestry, recreation, 
experimental and demonstration purposes than for continued 
private ownership and development. Such acquisition shall 
be limited in total within the state to two per cent of the total 
land area of the state, and shall be further limited in each 
town or city to an amount of land, the assessed valuation of 
which on April 1 of the preceding year was five per cent of 
the total assessed valuation on such date of all the real estate 
in such town or city. The provisions of this act shall not 
limit the authority of the United States to acquire lands for 
the White Mountain National Forest within the boundaries 



1935] Chapter 75 123 

established by proclamation of the President of the United 
States, dated October 26, 1929; and the limitations as to area 
and valuation contained in this section shall not apply to ac- 
quisitions within the boundaries of the existing White Moun- 
tain National Forest Purchase Unit, or any new national 
forest purchase units that may be recommended by the land 
use board and approved by the governor and council ; nor shall 
such acquisitions be included in computing such limitations. 

7. Jurisdiction. The state of New Hampshire shall retain 
concurrent jurisdiction with the United States in and over all 
lands acquired under the terms of this act so far that the civil 
and criminal law of this state shall apply on said lands in the 
same manner and to the same effect as if this act had not 
been enacted ; and exclusive jurisdiction in and to said lands 
shall revert to the state of New Hampshire when said lands 
shall cease to be owned by the United States. 

8. Eminent Domain. No owner of land which the United 
States proposes to acquire under the terms of this act shall be 
required to sell by institution of proceedings for condemna- 
tion of such land ; but when a landowner shall have agreed to 
sell to the United States, and agreement is had upon the sale 
price, proceedings for condemnation may be instituted for the 
sole purpose of clearing title to said land. 

9. Appropriation. The sum of one thousand dollars is 
hereby appropriated for each of the next two years for the 
purposes of this act, payable out of any funds in the treasury 
not otherwise appropriated. 

10. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 11, 1935.] 



CHAPTER 75. 

AN ACT RELATING TO DESCENT, DISTRIBUTION AND 
ADVANCEMENTS. 



Section 

3. Takes effect. 



Section 

1. Distribution of estates. 

2. Decree of probate court. 

Be it enacted by the Senate and House of Representativts in 
General Court convened: 
1. Distribution of Estates. Amend section 9 of chapter 
307 of the Public Laws, as amended by chapter 20 of the Laws 



124 Chapter 75 [1935 

of 1929, by striking- out said section and inserting in place 
thereof the following: 9. Unclaimed Share. Whenever, 
upon a decree of distribution or the settlement of the account 
of an administrator, executor or trustee, there shall be in his 
hands any sum of money belonging to any heir, legatee, bene- 
ficiary, creditor or other person whose place of residence is 
unknown and cannot be found, or if such person shall refuse 
to accept or receipt for such sum after being tendered, the 
administrator, executor or trustee shall petition the probate 
court and the court, when satisfied that due diligence has been 
used to find the person entitled to such sum or that such sum 
has been tendered to and refused by such heir, legatee, bene- 
ficiary, creditor or other person entitled to the same, shall de- 
cree that the same be paid over to the state treasurer, and 
such payment shall be a discharge of said administrator, exec- 
utor or trustee. Any person entitled to receive such sum may 
petition the probate court, at any time before the final disposi- 
tion thereof under this chapter, and payment to him shall be 
decreed, upon notice and hearing. 

2. Decree of Probate Court. Further amend chapter 307 
of the Public Laws by striking out section 11 thereof and in- 
serting in place thereof the following: 11. Distribution of 
Unclaimed Share. At the expiration of three years after the 
payment to the state treasurer, the probate court, after peti- 
tion and upon such notice to all parties interested as the court 
shall order, shall decree the distribution of the fund remaining 
in the hands of the state treasurer in accordance with the pro- 
visions of this chapter, but as though those entitled thereto 
under the original decree of distribution or their issue, repre- 
sentatives or assigns had no interest in or against the estate, 
unless they appear and establish their right. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 11, 1935.] 



Section 

2. Takes effect. 



1935] Chapters 76, 77 125 

CHAPTER 76. 

AN ACT RELATING TO THE SALARIES OF THE COMMISSIONERS OF 
THE COUNTY OF ROCKINGHAM. 

Section 

1. Salai'y, commissioners of 
Rockingham county. 

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

1. Temporary Salary Increase. For each of the periods 
from April 1, 1935, to April 1, 1936, and from April 1, 1936, to 
April 1, 1937, each county commissioner of the county of 
Rockingham, in addition to the salary provided for by section 
28, chapter 38, Public Laws, as amended, shall be allowed and 
paid by the county the sum of three hundred dollars, and the 
commissioner of said county who serves as clerk of the board 
shall for each of said periods receive an additional sum of 
one hundred dollars. 

2. Takes Eifect. This act shall take effect upon its pas- 
sage. 

[Approved May 11, 1935.] 



CHAPTER 77. 

AN ACT RELATING TO REGISTER OF DEEDS FOR STRAFFORD 

COUNTY. 



Section 

2. Takes effect. 



Section 

1. Office assistant, register of 
deeds, Strafford county. 

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

1. Register of Deeds, Strafford County. Amend section 
15, chapter 40 of the Public Laws by striking out in line two 
the words "eight hundred" and inserting in place thereof the 
words, one thousand and forty, so that said section as 
amended shall read as follows: 15. Assistant. Said regis- 
ter may employ an office assistant who shall receive an annual 
salary not to exceed one thousand and forty dollars. 

2. Takes Effect. This act shall take effect on its passage. 
[Approved May 17, 1935.] 



Section 

3. Takes effect. 



126 Chapters 78, 79 [1935 

CHAPTER 78. 

AN ACT TO CLOSE MARTIN MEADOW POND IN THE TOWN OF 
LANCASTER TO ICE FISHING. 

Section 

1. Ice fishing prohibited. 

2. Penalties. 

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

1. Ice Fishing Prohibited. All persons are prohibited 
from fishing through the ice for a period of five years from the 
date of passage of this act in Martin Meadow pond so called 
in the town of Lancaster. 

2. Penalties. Any person who shall violate provisions of 
this act shall be fined ten dollars for each offense and five 
dollars additional for each fish taken in violation hereof. 

3. Takes Effect. This act shall take effect on its passage. 
[Approved May 17, 1935.] 



CHAPTER 79. 

AN ACT RELATING TO THE DUTIES OF TOWN TAX COLLECTORS. 



Section 

1. Town tax collectors. 



Section 

2. Takes effect. 



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

1. Collectors of Taxes. Amend section 30 of chapter 47 
of the Public Laws by striking out said section and substitut- 
ing in place thereof the following: 30. Duties of Collector. 
Every collector of taxes shall keep in suitable books provided 
for the purpose a fair and correct account in detail of the 
taxes due, collected, and abated, and of all property sold for 
nonpayment of taxes; and these accounts shall be public rec- 
ords. The collector shall, on the first Saturday of every 
month, pay to the town treasurer all money collected by him 
up to that time. He shall then submit his tax books and lists 
to the treasurer and selectmen for inspection and computa- 
tion, and if the treasurer or selectmen discover any errors 
therein they shall immediately notify the town auditors there- 
of ; and thereupon the auditors shall at once examine the col- 
lector's records and make a report in writing to the selectmen 
and the state tax commission stating all errors that may be 
found. 



1935] Chapter 80 127 

The collector shall also submit his tax books and lists 
to the selectmen for inspection and examination whenever so 
requested by them. He shall on the first Saturday of each 
month maintain office hours in the town hall building or other 
place designated as a meeting place for the selectmen, for the 
transaction of tax business. He shall make a written report 
to the town at the end of each fiscal year, which shall contain 
the following information: The amount of taxes set down^for 
him to collect; the amount of such taxes collected, together 
with any interest thereon; the amount of discount allowed, if 
any ; the amount of taxes abated ; a detailed list of uncollected 
taxes, and the amount received for such taxes as were payable 
for any prior tax year. This report shall also contain a de- 
tailed account of the sale by him of any property for nonpay- 
ment of taxes. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 17, 1935.] 



CHAPTER 80. 

AN ACT RELATING TO THE DISTRIBUTION OF DAMAGES IN SUITS 
BROUGHT BY ADMINISTRATORS. 



Section 

2. Takes effect. 



Section 

1. Distribution of damages in 
suits by administrators. 

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

1. Damages. Amend section 14 of chapter 302 of the 
Public Laws of New Hampshire by striking out all of said 
section and inserting in place thereof the following: 14. 

, Distribution. In such case, the damages recovered, 

less the expenses of recovery, the expenses of administration, 
the necessary charges for the burial of the deceased, and the 
reasonable charges for the last sickness of the deceased, all of 
which shall be approved by the probate court, shall belong 
and be distributed as follows: 

I. To the widow or widower of the deceased, one half 
thereof; and to the minor and dependent children, if any, the 
other half in equal shares. 

XL If there be no minor or dependent child to the widow 
or widower the whole thereof. 



128 Chapter 81 [1935 

III. If there be no widow or widower to the minor and de- 
pendent children, if any there be, in equal shares; otherwise 
to the children in equal shares. 

IV. If there be no child and no widow or widower to the 
heirs-at-law of the deceased according to the laws of distribu- 
tion. 

2. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved May 17, 1935.] 



CHAPTER 81. 

AN ACT RELATING TO FIDUCIARY POWERS OF TRUST COMPANIES 
AND NATIONAL BANKS. 



Section 

1. Fiduciary powers. 



Section 

2. Takes effect. 



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

1. Appointment. Amend section 13 of chapter 264 of the 
Public Laws, as amended by chapter 135 of the Laws of 1927, 
by striking out the words "when so nominated by any testa- 
tor in his will" and by adding a new sentence at the end there- 
of: Nothing herein contained shall affect the rights of 
religious, charitable and eleemosynary corporations organized 
under the laws of New Hampshire to act in fiduciary capaci- 
ties, so that said section 13, as amended, shall read as follows : 
13. Appointment. Any trust company or similar corpora- 
tion, incorporated under the laws of this state, or any national 
bank duly authorized and located within the state, may be 
appointed trustee or executor in any case where an individual 
can be appointed, upon the same conditions and subject to the 
same control, requirements and penalties ; but no corporation 
shall be appointed in any other fiduciary capacity. No trust 
company, similar corporation or national bank shall advertise 
or circularize the fact that it is authorized to act as executor. 
Nothing herein contained shall affect the rights of religious, 
charitable and eleemosynary corporations organized under 
the laws of New Hampshire to act in fiduciary capacities. 

2. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved May 17, 1935.] 



1935] 



Chapter 82 



129 



CHAPTER 82. 

AN ACT RELATIVE TO BUILDING AND LOAN ASSOCIATIONS. 



Section 


Section 


1. Paid up shares. 


5. Rights of shareholders. 


2. Investment share certifi- 


6. Deputy commissioner to su- 


cates. 


pervise building and loan 


3. Repayment of loans. 


associations. 


4. Direct reduction loans. 


7. Takes effect. 



Be it enacted by the Senate and House of Representatives in 
Genej'al Court convened: 

1. Paid up Shares. Amend section 22, chapter 266 of the 
Public Laws by striking out the entire section and substitut- 
ing the following : 22. Amount. No person shall hold more 
than ten paid up shares, except that in associations having 
assets in excess of one million dollars, a person may hold not 
more than twenty paid up shares. 

2. Amendment. Amend section 25 of said chapter 266 by 
striking out the entire section and substituting the following: 
25. Investment Share Certificates. For the purpose of ob- 
taining funds for loans on New Hampshire homes, such associ- 
ations may issue investment share certificates bearing divi- 
dends at a rate not to exceed five per cent per annum, payable 
semi-annually. The amount of investment share certificates 
which may be issued shall not exceed ten per cent of other 
liabilities. No person shall hold more than two thousand dol- 
lars in these certificates. Withdrawal of investment share 
certificates shall be subject to the same provisions as apply to 
paid up certificates. 

3. Repayment of Loans. Amend section 9 of said chapter 
266 by striking out in line six the words "of the same amount 
as the loan" and inserting in place therefor the words, suffi- 
cient in amount to repay loan in from five to twenty years, so 
that said section as amended shall read as follows: 9. 
Loans, to Shareholders. It shall loan the money so collected, 
together with the interest, premiums, fines and profits arising 
from the business, to those of its shareholders who will pay 
the highest premium for such loans above the established 
rate of interest, and will give satisfactory security for the 
payment thereof, including a pledge of shares of the capital 
stock of the corporation sufficient in amount to repay loan in 
from five to twenty years. 

4. Loans. Amend said chapter 266 by adding after sec- 



130 Chapter 83 [1935 

tion 10 the following- new section: 10-a. Direct Reduction 
Loans. It may also make loans on real estate on the direct 
reduction plan repayable in monthly installments sufficient to 
amortize the same, paying off interest and principal in any 
period of time not exceeding twenty years. 

5. Rights of Shareholders. Amend said chapter 266 by 
adding- at the end of said chapter the following new section: 
33. Liquidation. All shareholders shall have the same sta- 
tus as to the assets of the association and in case of liquida- 
tion one class of stock shall not have preference over any 
other class of stock. 

6. Supervision of Building and Loan Associations. Amend 
chapter 259 of the Public Laws by adding after section 5 the 
following new section: 5-a. Deputy Commissioner for Build- 
ing and Loan Associations. One of the examiners in the office 
of the bank commissioner shall be designated by the governor 
and council as deputy commissioner for building and loan 
associations at an additional annual salary of two hundred and 
fifty dollars. Said deputy, under the direction of the bank 
commissioner, shall have general supervision over building 
and loan associations, co-operative banks and similar institu- 
tions and shall have such other powers and duties as the bank 
commissioner may prescribe. 

7. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved May 17, 1935.] 



CHAPTER 83. 

AN ACT RELATING TO THE NEW HAMPSHIRE-VERMONT 
BOUNDARY. 



Section 

4. Penalty. 

5. Takes effect. 



Section 

1. Notice. 

2. Marking; determination. 

3. Certification. 

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

1. Notice. No person, firm, or corporation shall begin or 
attempt to begin any alteration or improvement of the banks 
or bed of the Connecticut river, the erection of any building, 
dam or other structure upon the banks or bed of said river or 
any other operations which will affect the waters or flow of 
said river so as to make the ascertaining of the location of the 



1935] Chapter 83 131 

boundary line between the state of New Hampshire and the 
state of Vermont difficult without first giving notice thereof 
to the attorney-general of this state and the attorney-general 
of Vermont. 

2. Marking; Determination. Upon receipt of such notice, 
the attorney-general of this state shall communicate with the 
attorney-general of Vermont concerning the subject matter 
thereof, shall arrange for a joint inspection by said attorneys- 
general or their representatives of the premises described 
therein to determine the need of the erection of monuments to 
permanently mark the location of the boundary line in the 
area to be affected and if required, said attorneys-general or 
their representatives shall erect such markers as are neces- 
sary. 

3. Certification. Upon determination of need for, or lack 
of need for, a marking of the boundary, the attorney-general 
of this state shall certify the determination made to the per- 
son, firm or corporation giving notice, and issue a permit that 
the work upon such alteration, improvement, building, dam, 
structure, or operation affecting the waters or flow of said 
river may be begun upon a day certain. Such date shall be 
fixed as will give a reasonable time for the erection of monu- 
ments for the marking of the boundary if a need for such mon- 
uments has been determined, otherwise so as to inconvenience 
the giver of the notice as little as possible. 

4. Penalty. Any person, firm or corporation who shall 
have failed to give the notice described in section 1 of this 
act or who, without having received from the attorney-general 
of this state the certificate and permit described in section 3, 
shall begin or attempt to begin any alteration or improvement 
of the banks or bed of the Connecticut river, the erection of 
any building, dam or other structure upon the banks or bed 
of said river or any other operation which will affect the 
waters or flow of the said river shall be fined not more than 
five thousand dollars. 

5. Takes Effect. This act shall take effect upon its pas- 
sage, the legislature of the state of Vermont having already 
passed an act containing the same provisions as herein set 
forth. 

[Approved May 22, 1935.] 



132 Chapter 84 [1935 

CHAPTER 84. 

AN ACT RELATING TO THE PERAMBULATION OF THE NEW 
HAMPSHIRE-VERMONT BOUNDARY. 



Section 

4. Expense. 

5. Takes eflfect. 



Section 

1. Perambulation. 

2. Return record. 

3. Notice, 

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

1. Perambulation. The boundary line between the state 
of New Hampshire and the state of Vermont shall be peram- 
bulated, and the markers and bounds renewed wherever 
necessary once in every seven years forever, by the attorney- 
general of this state in conjunction with the attorney-general 
of the state of Vermont, or by such person as the attorney- 
general shall in writing appoint for that purpose. 

2. Return Record. A return of the perambulation shall be 
made, particularly describing the marks and monuments of 
such line and their location, which shall be signed by the 
attorney-general or the person making the same and recorded 
with the secretary of state. 

3. Notice. The attorney-general of this state shall give 
notice to the attorney-general of Vermont of the time and 
place of the meeting for such perambulation thirty days be- 
fore the day of the meeting. 

4. Expense. All expenses incurred by representation of 
this state incidental to such perambulation shall be paid by the 
state including one half of the cost of renewing markers or 
monuments, and the governor is hereby authorized to draw his 
warrant therefor out of any money in the treasury not other- 
wise appropriated. 

5. Takes Effect. This act shall take effect upon its pas- 
sage, the legislature of the state of Vermont having already 
passed an act containing the same provisions as herein set 
forth. 

[Approved May 22, 1935.] 



1935] Chapter 85 133 

CHAPTER 85. 

AN ACT RELATIVE TO BRANDS FOR MILK CANS, CASES, BOXES, 
BOTTLES, JARS AND JUGS. 



Section 

1. Registering brands. 

2. Evidence. 



Section 

3. Search Warrants. 

4. Takes effect. 



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

1. Brands. Amend section 10 of chapter 170 of the Public 
Laws, as amended by chapter 37, Laws of 1931, by striking 
out said section and inserting in place thereof the following: 
10. Registering. A person engaged in buying, selling or 
dealing in milk or cream in cans, cases, boxes, bottles, jars or 
jugs, or bottling or selling beverages in bottles or vessels with 
his name and the word registered, branded, engraved, blown 
or otherwise produced thereon, or on the boxes used by him, 
may register the same by filing in the office of the clerk of the 
city or town in which his principal place of business is situ- 
ated, or in the office of the secretary of state, a description of 
the name so used by him, and publishing such description once 
in each of two successive weeks in a newspaper, if any, pub- 
lished in the city or town in which his principal place of busi- 
ness is situated; otherwise, in a newspaper published in the 
county. The fee for registration with the secretary of state 
shall be one dollar for each brand so registered. 

2. Amendment. Amend section 12 of said chapter 170 by 
adding after the word "any" in the second line the words, milk 
dealer, so that said section as amended shall read as follows: 

12. , Evidence. The use by any person, without the 

written consent of, or purchase from, the owner thereof, or 
the possession by any milk dealer, junk dealer or dealer in 
secondhand articles, of any registered container, without the 
written consent of, or purchase from, the owner thereof, shall 
be prima facie evidence of unlawful use, possession of or 
traffic in the same. 

3. Amendment. Amend section 13 of said chapter 170 by 
adding before the word "junk" in the fourth line the words, 
milk dealer, and by adding after the word "bottles" in the 
sixth line, the words, cans, cases, boxes, bottles, jars or jugs, 
so that said section as amended shall read as follows: 13. 
Search Warrants. Upon complaint of a person who has com- 



134 Chapter 86 [1935 

plied with the provisions of section 10, or his agent, to a 
municipal court, or justice of the peace, that he has reason to 
believe that any of his registered containers are being unlaw- 
fully used, or that a milk dealer, junk dealer or dealer in 
secondhand articles, or a vendor of cans or bottles, has any 
such cans, cases, boxes, bottles, jars, jugs or vessel in his 
possession, or secreted in any place, said justice may issue a 
search warrant, may cause the person in whose possession 
such property is found to be brought before him, and shall in- 
quire into the circumstances of such possession, and award 
possession of the property taken upon such search warrant to 
the owner thereof. 

4. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 22, 1935.] 



CHAPTER 86. 

AN ACT RELATIVE TO THE SALE OF ARTIFICIAL FLOWERS AND 
MINIATURE FLAGS. 



Section 
2. Takes effect. 



Section 

1. Certain sales of artificial 
flowers prohibited; pen- 
alty. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Sale of Artificial Flowers. Amend chapter 157 of the 
Public Laws, as amended by chapter 102 of the Laws of 1931, 
and chapter 1, Laws of the special session of 1934, by adding 
after section 17 the following new sections: 

18. Prohibition. No person, except as hereinafter pro- 
vided, shall sell or offer for sale on the streets, or any other 
place frequented by the public in any city or town, any arti- 
ficial flowers or miniature flags. 

19. Permission Granted. The mayor and aldermen of a 
city, or the selectmen of towns, may, in their discretion, au- 
thorize from time to time the sale or the offering for sale on 
the streets, or any other place frequented by the public in 
said city or town, of artificial flowers or miniature flags by 
the Grand Army of the Republic and organizations affiliated 
with it, the American Legion, the Veterans of Foreign Wars, 
United Spanish War Veterans, and other recognized chari- 
table, fraternal, labor or military organizations; provided, 



1935] Chapter 87 135 

however, that nothing in this section shall be construed to pro- 
hibit the sale or the offering for sale by bona fide merchants 
in their stores or other business establishments of such mer- 
chandise as herein named. 

20. Penalty. Any person or persons violating any of the 
provisions of the preceding sections shall be fined not more 
than twenty-five dollars or be imprisoned for not more than 
six months. 

2. Takes Effect. All acts and parts of acts inconsistent 
with this act are hereby repealed ; and this act shall take effect 
upon its passage. 

[Approved May 22, 1935.] 



CHAPTER 87. 

AN ACT RELATIVE TO THE SALARY OF THE JUSTICE OF THE 
MUNICIPAL COURT OF FRANKLIN. 



Section 

2. Takes effect. 



Section 

1. Salary of justice of Frank- 
lin court. 

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

1. Salaries, Justices Municipal Courts. Amend paragraph 
I, section 32, chapter 323 of the Public Laws, as inserted by 
chapter 47 of the Laws of 1933 and amended by chapter 154 
of said Laws of 1933, by striking out the word "four" after the 
word "Franklin" in the seventeenth line and inserting in place 
thereof the word, six; further amend by striking out in the 
third, fourth, fifth and sixth lines the following, "provided 
that until February 1, 1935, the said salary shall be one thou- 
sand six hundred and twenty dollars only," so that said para- 
graph as amended shall read as follows: 

L In Manchester, two thousand four hundred dollars; 

In Nashua, two thousand dollars; 

In Concord, one thousand eight hundred dollars; 

In Portsmouth, one thousand eight hundred dollars; 

In Dover, one thousand five hundred dollars; 

In Laconia, one thousand two hundred dollars; 

In Keene, one thousand two hundred dollars; 

In Claremont, one thousand two hundred dollars; 

In Berlin, one thousand two hundred dollars ; 

In Lebanon, eight hundred dollars; 



136 Chapters 88, 89 [1935 

In Newport, seven hundred dollars ; 
In Exeter, six hundred dollars; 
In Somersworth, five hundred dollars; 
In Franklin, six hundred dollars ; 
In Rochester, nine hundred dollars; 
In Littleton, six hundred dollars. 
2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 22, 1935.] 



CHAPTER 88. 

AN ACT RELATING TO THE NAMING OF CERTAIN BRIDGES. 



Section 

3. Takes effect. 



Section 

1. Scammell Memoi'ial bridg- 

2. Bunker Garrison bridge. 

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

1. Scammell Memorial Bridge. The bridge over the Bel- 
lamy river constructed by the state under the provisions of 
chapter 64, Laws of 1933, shall hereafter be designated as the 
Colonel Alexander Scammell Memorial Bridge. 

2. Bunker Garrison Bridge. The bridge over Bunker 
Creek, so called, in the town of Durham shall be designated 
the Bunker Garrison Bridge. The Bunker Association, so 
called, shall be permitted to place a memorial tablet on said 
bridge under the direction of the highway commissioner. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 22, 1935.] 



CHAPTER 89. 

AN ACT RELATING TO MEREDITH NECK ROAD. 

Section I Section 

1. Meredith Neck road. | 2. Takes effect. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. State- Aided Highway. That the Meredith Neck road, 
so called, which in part is now a state-aided road and in part 
is a town road, is hereby designated a class II state-aided 
highway to the end of the road as now laid out and constructed 
by the town of Meredith. 



1935] Chapters 90, 91 137 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 22, 1935.] 



CHAPTER 90. 

AN ACT AUTHORIZING THE STATE OF NEW HAMPSHIRE TO TAKE 

OVER A SECTION OF ROAD IN THE TOWN OF BRISTOL FOR 

PURPOSE OF MAINTENANCE. 



Section 

2. Takes effect. 



Section 

1. Maintenance of road in Bris- 
tol. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Highway Maintenance. For the purpose of reheving 
the town of Bristol of the burden of repairing and maintain- 
ing the road located in Bristol between the Alexandria and 
Hebron town lines, estimated at about one eighth of a mile, 
on the west shore of Newfound lake, the state of New 
Hampshire shall be responsible for the future care and main- 
tenance of that road under the direction of the highway 
commissioner and the expense shall be a charge upon the 
highway funds. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 22, 1935.] 



CHAPTER 91. 

AN ACT RELATIVE TO CONVEYANCES OF LAND TO THE STATE FOR 
HIGHWAY PURPOSES. 



Section 

2. Takes effect. 



Section 

1. Conveyance of l?.nd to state 
for highway purposes. 

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

1. Transfer of Land for Highway Purposes. Amend chap- 
ter 93 of the Public Laws by adding after section 8 the fol- 
lowing new subdivision: 

Conveyances of Land by Towns 

8-a. Authority Granted. The board of selectmen of 
towns, subject to a vote of the town, or the mayor and board 
of aldermen of cities, is hereby authorized to convey to the 
state all right, title and interest of such town or city in or to 



138 Chapter 92 [1935 

any state highway or trunk hne as defined by section 1, chap- 
ter 84 of the Public Laws, or any other highway or portion 
thereof which at the time is maintained in whole or in part 
with state funds, if such conveyance is desired by the state on 
account of any highway construction, reconstruction or main- 
tenance. 

8-b. Application of Law. The provisions of this subdivi- 
sion shall not apply to the compact portions of towns or cities 
of over two thousand five hundred population, such compact 
portions to be determined by the highway commissioner. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 22, 1935.] 



CHAPTER 92. 

AN ACT PROVIDING FOR THE ACCEPTANCE OF A GIFT OF LAND 

FROM THE NEW HAMPSHIRE-VERMONT LUMBER COMPANY 

TO THE STATE OF NEW HAMPSHIRE FOR THE PURPOSE 

OF A STATE FOREST RESERVATION AND PARK AND 

THE CONSTRUCTION OF A ROAD TO THE 

CANADIAN BORDER. 



Section 

1. Gift accepted. 

2. Construction of road. 



Sf.ction 

3. Maintenance. 

4. Takes eflfect. 



Whereas, the New Hampshire-Vermont Lumber Company 
has agreed to transfer to the state of New Hampshire for the 
consideration of ten dollars, all its right, title and interest in 
and to a tract of land one thousand feet in width from a point 
near Second Lake dam in the town of Pittsburg and continuing 
through said town to the Canadian border, subject to the fol- 
lowing conditions, namely: 

L The proposed highway construction shall be started 
in the spring of 1935 and shall be completed within five years 
from February 21, 1935. 

H. No buildings or structures shall be erected on the 
deeded area, except there shall be allowed to be erected on 
said strip the necessary official buildings owned by the state 
of New Hampshire or the United States federal government 
at whatever points it is deemed necessary by the state or fed- 
eral government. 

HL The said land outside of the road bed shall be main- 
tained as a state forest reservation and park. 



1935] Chapter 92 139 

IV. The area deeded shall be suitably policed and pa- 
trolled for fire protection. 

V. The New Hampshire-Vermont Lumber Company re- 
serves the right to cross and recross this deeded area and 
enter upon the proposed highway at points where in its opin- 
ion, it is necessary in order to properly operate its surround- 
ing timber limits, and there shall be no restrictions imposed 
upon the New Hampshire-Vermont Lumber Company by the 
state in connection with the company operation of its prop- 
erty except such seasonal regulations for the use of the road 
as may be imposed by the highway commissioner under au- 
thority of the statute. 

VL No signs shall appear on the deeded area, except 
state direction or protective signs. 

Vn. In the event that the area outside the highway is 
abandoned by the state as a forest reservation and park it 
shall revert to the New Hampshire-Vermont Lumber Com- 
pany. 

VIII. The state agrees to paint-mark the boundaries of 
the deeded area on completion of the road project at its ex- 
pense and to replace such markings every five years. 

IX. The present highway leading from the proposed 
highway to Camp Idlewild shall be maintained and the snow 
removed therefrom by the state as the highway commissioner 
may deem reasonable. Now therefore 

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

1. Gift Accepted. The governor and council are hereby 
empowered to accept on behalf of the state a deed from the 
New Hampshire-Vermont Lumber Company of said tract of 
land subject to said conditions and reservations, provided rea- 
sonably satisfactory assurance is received by them that a 
Civilian Conservation Camp will be established upon or near 
said tract, which under the state forestry department will 
render substantial assistance in the development of the project. 

2. Construction of Road. When the above mentioned 
transfer has been completed the highway commissioner is 
authorized to lay out and construct across the above described 
tract such type of road as the governor and council may ap- 
prove and as funds may be available. 

3. Maintenance. The expenses of laying out and con- 
structing said road and the maintenance thereof except for 



140 Chapters 93, 94 [1935 

such assistance as may be provided by said Civilian Conser- 
vation Camp under the forestry department shall be a charge 
upon the state highway funds and the maintenance of said 
forest reservation and park area shall be under the super- 
vision of the forestry department. 

4. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 23, 1935.] 



CHAPTER 93. 

AN ACT RELATING TO WORK RELIEF. 

Section I Section 

1. Work relief. | 2. Takes effect. 

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

1. Work Relief. All sums expended for work relief by the 
director of poor relief under the authority of chapter 160, 
Laws of 1933, prior to October 1, 1934, shall be charged wholly 
to a fund created under said chapter 160, and no reimburse- 
ment shall be required by any county, city or town for such 
money expended. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 23, 1935.] 



CHAPTER 94. 

AN ACT RELATING TO CORNISH TOLL BRIDGE. 



Section 

3. Tolls. 

4. Takes effect. 



Section 

1. Purchase of Cornish toll 

bridge authorized. 

2. Appropriation. 

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

1. Purchase Authorized. The state highway commission- 
er with the advice and consent of the governor and council is 
hereby authorized and empowered to purchase for the state a 
certain toll bridge with approaches and appurtenances and 
the franchise for the same, known as the Cornish Toll Bridge, 
spanning the Connecticut river, if the same can be purchased 
for a sum not exceeding twenty thousand dollars. 

2. Appropriation. A sum not exceeding twenty thousand 
dollars ($20,000) is hereby appropriated for the purpose of 



1935] Chapter 95 141 

the acquisition of said toll bridge as provided in section 1. Said 
sum shall be a charge upon the highway funds. 

3. Tolls. There shall be collected for the use of said 
Cornish Toll Bridge and the approaches thereto, if the same 
are acquired by the state, such charges or tolls as the governor 
and council shall deem reasonable from the travelers thereon. 
The tolls collected shall be deposited with the state treasurer 
who shall keep the same in a separate account designated by 
the name of the bridge and the operating expenses and the 
maintenance of said bridge shall be paid from these funds. 
The balance remaining after payment of the operating ex- 
penses and the maintenance shall be turned into the highway 
fund of the state upon warrant of the governor with the ap- 
proval of the council at such time or times as he may desig- 
nate. Toll collections shall continue until the Cornish Toll 
Bridge fund shall amount to $20,000, provided this period 
shall be for not less than ten years, at which time the gov- 
ernor and council may order cessation of tolls. 

4. Takes Effect. This act shall take effect upon its pas- 
sage, 

[Approved May 29, 1935.] 



CHAPTER 95. 

AN ACT RELATING TO MORTUARY REGULATIONS. 



Section 

2. Takes effect. 



Section 

1. Mortuary Regulations; defi- 
nitions, licenses; burials. 

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

1. New Chapter. Amend chapter 143 of the Public Laws, 
as amended by chapter 135 of the Laws of 1933, by striking 
out said chapter and inserting in place thereof the following: 

The Practice of Embalming and Funeral Directing 

1. Definition. Words and phrases used in this chapter 
shall be construed as follows: 

L "Board," the state board of registration of funeral 
directors and embalmers appointed under the provisions here- 
of. 

IL "Persons," shall include corporations, partnerships, 
associations or other organizations. 

in. "Embalming." the business, practice, science or pro- 



142 Chapter 95 [1935 

fession of preserving, disinfecting and preparing in any man- 
ner, dead human bodies for burial, cremation or transporta- 
tion. 

IV. "Funeral directing," the business, practice or pro- 
fession of (a) directing or supervising funerals, (b) the prep- 
aration or disposal of dead human bodies, (c) conducting or 
maintaining a preparation room or establishment equipped 
with necessary drainage and ventilation, and containing the 
necessary instruments and supplies for the preparation and 
embalming of dead human bodies for burial, cremation or 
transportation, (d) conducting or maintaining a funeral home 
or parlor, mortuary or funeral chapel from which funerals 
may be held and wherein services may be conducted. 

V. "Embalmer," any person engaged, or holding him- 
self out as engaged in embalming, whether on his own behalf 
or in the employ of another, and shall include any person v/ho 
shall use, in connection with his name, the word embalmer, 
or any other word or title intending to imply or designate him 
as an embalmer, or as one engaged in embalming. 

VI. "Funeral director," any person engaged, or holding 
himself out as engaged in funeral directing and/or who shall 
use in connection with his name or business the words funeral 
director, mortician, or any other word or title intending to 
imply or designate him as a funeral director, undertaker, or 
mortician. 

VII. "Apprentice," any person engaged in embalming 
under the instruction and supervision of an embalmer duly 
licensed and registered under the provisions of this chapter 
and actively engaged in embalming in this state. 

2. State Board Constituied. The State Board of Regis- 
tration of Funeral Directors and Embalmers is hereby cre- 
ated. Said board shall consist of five members as follows: 
The secretary of the state board of health, ex officio, and four 
members to be appointed by the governor with the advice and 
consent of the council. The secretary of the state board of 
health shall be secretary of this board. 

3. Appointment. All appointees to the board shall be 
funeral directors, shall be citizens and residents of this state 
who have had at least five years of practical experience in 
funeral directing and in embalming, and shall have been en- 
gaged therein in this state for a period of at least five years. 
Two appointees shall be chosen from a list of at least four 



1935] Chapter 95 143 

names to be submitted forthwith and upon the expiration of 
their respective terms of office their successors shall be chosen 
from another list of three names annually submitted to the 
governor and council by the New Hampshire Funeral Direc- 
tors' Association. 

4. Term of Office. The terms of office of the first ap- 
pointees shall be for one, two, three and four years respective- 
ly and thereafter the term of office of each appointed member 
shall be for four years. Each member shall hold office until 
his successor is appointed and qualified. 

5. Removal from Office. Any member of said board may 
be removed by the governor and council for cause. 

6. Compensation. The members of the board shall re- 
ceive the sum of five dollars per day while actually engaged 
upon the business of the board and shall be reimbursed for 
necessary traveling expenses incident to attendance upon the 
business of the board, provided that said compensation and 
expense shall be a charge upon the fund herein constituted 
and further provided that in case said fund shall be insuffi- 
cient to pay said compensation and expenses the members of 
said board shall have no claim upon the state for said com- 
pensation. 

7. Vacancies. Vacancies in the board shall be filled by the 
governor with the advice and consent of the council for the 
unexpired term and said appointment shall be made within 
sixty days from the date of such vacancy. 

8. Organization; Quorum. Within thirty days after ap- 
pointment and qualification of the members the board shall 
meet and organize by electing a chairman and a treasurer. 
This organization shall continue until the appointment of a 
new member. The office of secretary and treasurer may be 
held by one member. Three members shall constitute a quo- 
rum for the transaction of business. 

9. Rules and Regulations. The board shall have the pow- 
er to adopt whatever rules and regulations it may deem 
necessary for the transaction of its business and the manage- 
ment of its affairs, for the betterment and promotion of 
educational and other standards and for the regulation, con- 
duct and supervision of the general business, practice, science 
or profession of funeral directing and embalming. 

10. Secretary, Duties. The secretary of the board shall 
keep a record of all proceedings of the board, issue all notices 



144 Chapter 95 [1935 

and certificates and attest such papers and orders and perform 
such other duties as may be designated or directed by the 
board. He may employ a clerk and expend for such employ- 
ment a sum not exceeding five hundred dollars a year. 

11. List of Licensees. The secretary of the board shall, 
on or before the fifteenth day of February of each year, sup- 
ply each registered embalmer and the various transportation 
companies within this state with a list of all funeral directors 
then holding certificates of registration stating the name, busi- 
ness address and registration number of each funeral direc- 
tor. The board shall keep a register in which shall be en- 
tered the names of all persons to whom certificates are issued, 
and this register shall be open to public inspection at the 
office of the board. 

12. Treasurer, Duties. The treasurer of the board shall 
receive and keep a record in detail of all sums collected and 
paid to the state treasurer and all sums expended by the board. 
He shall pay over monthly to the state treasurer all moneys 
received by the board under the provisions of this act. 

13. Qualifications, Embalmers. No person shall embalm 
dead human bodies or engage or hold himself out as engaged 
in embalming whether on his own behalf or in the employ of 
another, unless he shall be at least twenty-one years of age, 
a citizen of the United States, be of good moral character, 
shall hold a diploma or certificate showing completion of a 
high school course or its equivalent, shall have completed a 
one-year course in apprenticeship under the supervision and 
instruction of a duly registered embalmer actively engaged 
in embalming in this state and shall have completed a full 
course of instruction in an embalming school graded or rated 
by the Conference of Embalmers' Examining Boards of the 
United States, Inc., and pass such examinations as the board 
may deem proper to ascertain his efficiency and qualifications 
to engage in embalming, and obtain a certificate of registra- 
tion from the board to that effect. 

14. , Funeral Directors. No person shall engage or 

hold himself out as engaged in funeral directing, unless he is 
the holder of an embalmer's certificate, has passed such ex- 
aminations as the board may deem proper to ascertain his 
efficiency and qualifications to engage in funeral directing, and 
has obtained a certificate of registration from the board to 
that effect. 



1935] Chapter 95 145 

15. , Corporations, etc. An embalmer's or funeral 

director's certificate, or both, shall be issued to a corporation, 
partnership, association or other organization only if one or 
more of its officers actively engaged in the conduct of its busi- 
ness is the holder of an embalmer's or funeral director's cer- 
tificate, or both, as the case may be. 

16. Premises. Funeral directing shall be conducted in a 
fixed place of establishment. 

17. Inspection. The board may inspect all places where 
funeral directing is conducted or where embalming is prac- 
ticed. 

18. Examinations. Examinations of applicants for cer- 
tificates of registration shall be held at least once a year in 
the city of Concord and elsewhere in the discretion of the 
board. Any person who desires to engage in funeral direct- 
ing or embalming shall submit in writing to the board on 
forms provided by it an application for registration accom- 
panied by a fee of five dollars. The board shall require the 
applicant to submit to such examinations as it may deem 
proper. 

19. , In Lieu of. The board shall have the power, in 

its discretion, to accept in lieu of an examination a duly au- 
thenticated statement of a national board of examiners or of 
a board duly approved by the Conference of Embalmers' Ex- 
amining Boards of the United States, Inc., certifying the suc- 
cessful passage of an examination conducted by said board or 
boards. 

20. Certificates of Registration. The board shall issue to 
each applicant successfully passing the examination, where an 
examination is required, and who otherwise satisfies the board 
of his qualifications, a certificate of registration, signed by 
all the members of the board, entitling him to practice or en- 
gage in the business in this state as a funeral director, em- 
balmer, or both, as the case may be. 

21. , Contents and Display. Every certificate of reg- 
istration shall specify the name of the person to whom it was 
issued, the address of his place of business or employment, 
and shall be conspicuously displayed, at all times, in his place 
of business or employment. Certificates of registration shall 
not be assignable. 

22. Special Certificates. The board may by a special rule 
or by regulation issue a special funeral director's certificate of 



146 Chapter 95 [1935 

registration or a special embalmer's certificate of registration, 
without examination to bona fide non-resident funeral direc- 
tors or embalmers who are qualified and duly licensed in each 
their respective states under such rules and regulations as the 
board may see fit and upon the payment of a fee of five dol- 
lars. 

23. Persons Previously Engaged in Business. Any person 
who was actively engaged as a funeral director on his own ac- 
count at an established place of business in this state on the 
day and date of the passage of this act shall be entitled to a 
funeral director's certificate of registration upon filing with 
the secretary of the board an aflfidavit setting forth his name, 
residence, and place or places where he has conducted his said 
business and upon the payment of a fee of five dollars. Any 
holder of an embalmer's certificate issued in accordance with 
law and who was actively engaged as a funeral director and/ 
or embalmer at an established place of business in this state 
on the day and date of the passage of this act shall be en- 
titled to a certificate of registration as a funeral director 
and/or embalmer upon filing with the secretary of the board 
an affidavit setting forth his name, residence and place or 
places where he has conducted his said business or where he 
has been employed and upon payment of a fee of five dollars. 

24. Expiration. All certificates issued under the provi- 
sions of this chapter shall expire on the thirty-first day of 
December each year unless previously suspended or revoked, 

25. Notices of Expiration. On or before the fifteenth day 
of November in each year the board shall mail to each holder 
of a certificate of registration a notice of the expiration of his 
certificate and an application for the renewal thereof. 

26. Renewal of Certificates. All certificates of registra- 
tion may be renewed by the holders thereof upon payment to 
the secretary of the board of a renewal fee of five dollars. 

27. Application for Renewal. Applications, accompanied 
by the fee of five dollars, for renewal shall be filed with the 
board on or before the thirty-first day of December each year. 
Applications filed after the thirty-first day of December and 
on or before the fifteenth day of January must be accom- 
panied by a fee of five dollars in addition to the renewal fee. 

28. Failure to Renew. All certificates of registration shall 
be automatically revoked unless an application for renewal 
accompanied by the above stated requirements is filed by the 
fifteenth day of January following its date of expiration. 



1935] Chapter 95 147 

29. Educational Meetings. The board shall hold at least 
two educational meetings annually and at such times and at 
such places as it may determine, which meetings all holders of 
certificates of registration issued by the board shall be re- 
quested to attend. All expenses incurred by the board in con- 
nection with the meetings shall be certified for payment to 
and by the state treasurer and paid upon warrant of the gov- 
ernor from the special fund hereinafter provided. The secre- 
tary shall keep a record of attendance at state meetings and 
also, upon satisfactory proof thereof, of all holders of certifi- 
cates of registration at all educational meetings held outside 
the state under auspices duly recognized and approved by the 
board. 

30. Apprentices. No person shall assist in the embalm- 
ing of dead human bodies for burial or cremation in any man- 
ner unless he holds a license as an apprentice. 

31. , Licenses. Licenses shall be issued for a period 

of three years and shall terminate three years from the date 
of registration unless sooner ended by death, resignation, rev- 
ocation or by ruling or decision of the board. Such licenses 
may be renewed in the discretion of the board. 

32. , Rules Governing. The board may make such 

rules and regulations as it deems advisable for the qualify- 
ing or supervising of apprentices. No apprentice shall be per- 
mitted to advertise or hold himself out to the public as a hold- 
er of a certificate of registration in funeral directing or em- 
balming. 

33. , Persons Now Serving. Each person serving as 

apprentice on the day and date of the passage of this act may 
be licensed by filing with the board an aflfldavit setting forth 
his name, residence, length of time and the place or places 
where he served as apprentice and upon payment of a fee of 
one dollar. 

34. Suspension and Revocation of Certificates. The board 
shall have power to suspend or revoke any certificate of reg- 
istration for violation of any provision of this chapter, for 
violation of any rule or regulation duly adopted by the board, 
for gross incompetency, for unprofessional conduct, or for 
other cause deemed sufficient in the judgment of the board; 
provided, however, that prior to such suspension or revocation 
the holder thereof shall have notice in writing of the charges 



148 Chapter 95 [1935 

against him and shall have reasonable opportunity to be heard 
in his defense. 

35. Power to Conduct Hearing. The chairman of the 
board shall have power to summon any person to appear and 
testify at any hearing of said board and to administer oaths 
and examine all witnesses. 

36. Decision of Board. The suspension or revocation of a 
certificate of registration shall become operative and absolute 
thirty days after a decision is rendered; provided, however, 
that if during said period an appeal is taken said decision shall 
not become operative until confirmed by the court. 

37. Appeal. Any person aggrieved by any decision or rul- 
ing of the board may, within thirty days after receiving notice 
of said decision or ruling, appeal therefrom to the superior 
court by filing therein his petition stating his reasons there- 
for and the superior court shall have power to review the en- 
tire proceedings taken and held by the board and hear and 
make final disposition thereof. 

38. Reinstatement. Any certificate suspended or revoked 
may be reinstated or reissued to the original holder thereof 
upon such terms or conditions, if any, as the board may see fit. 

39. Deceased Funeral Director. The board may by a spe- 
cial rule or by regulation permit the continuance of the busi- 
ness of a deceased funeral director duly registered as such by 
the board, under the active supervision of a person or persons 
holding the required certificate or certificates, for the benefit 
of the widow and family, for the estate or for persons inter- 
ested in the estate of the decedent during such a period of 
time and in such manner and under such conditions as the 
board may determine. 

40. Burial Associations Prohibited. It shall be unlawful 
for any person to engage in, promote or participate, directly 
or indirectly, in any scheme or plan in the nature of a burial 
association or in a so-called chain of burial or funeral estab- 
lishments. 

41. Securing of Business. It shall be unlawful for any 
funeral director or embalmer, or the agents or representatives 
thereof, directly or indirectly, to pay or cause to be paid any 
sum of money or other valuable consideration for the secur- 
ing of business. 

42. To Render Account. The board shall account when- 



1935] Chapter 95 149 

ever requested, to the governor and council for all receipts and 
expenditures in detail. 

43. Accidental Deaths. No person shall inject into any 
cavity or artery of the body of any person who has died from 
an accidental or sudden death, or under suspicious circum- 
stances, any fluid or substance until a legal certificate of the 
cause of death has been obtained from the attending physician 
or medical referee, nor until a legal investigation has deter- 
mined the cause of death. If a criminal cause of death is al- 
leged or suspected no fluid or other substance shall be injected 
into a body until the cause of death is legally established. 

44. Embalming Fluids. The sale or use for embalming 
purposes of any fluid containing arsenic, zinc, mercury, cop- 
per, lead, silver, antimony, chloral, or cyanogen, or any com- 
pound containing any of these, or any poisonous alkaloid, is 
prohibited, and all brands of embalming compounds used with- 
in the state shall be subject to test and approval by the state 
board of health. 

45. Transfer of Body. The body of any deceased person 
may be transferred to another town for preparation or for 
burial or cremation only under the direction of a funeral di- 
rector; provided that death was not sudden, or the result of 
violence, and provided that such body shall be returned to the 
town in which death occurred within thirty-six hours, or a 
permit for permanent removal, as required by this chapter, 
has been secured within said time. 

46. , by Whom. Such transfer shall be made under 

the direction of a funeral director, and he or his representative 
shall leave with the institution from which or the person from 
whom such body is received, on forms supplied by the state 
board of health, the name of the funeral director, the name 
of the person making the transfer, his address, the funeral 
director's license number and the date and hour such body 
was delivered to him. 

47. , to Other Town. Any body for which a burial or 

removal permit has been secured, in accordance with the pro- 
visions of this chapter, may be taken through or into another 
town for funeral services without additional permits. 

Burials 

48. Death Certificate. Whenever a person shall die, or a 
stillborn child shall be brought forth, the physician attend- 



150 Chapter 95 [1935 

ing at the last sickness or bringing forth shall fill out and de- 
liver to the funeral director, or to the town clerk, a certificate, 
duly signed, setting forth, as far as may be, the facts re- 
quired in the record of a death, according to chapter 285, sec- 
tion 1 of the Public Laws. 

49. , If No Physician. If the deceased person did not 

have the attendance of a physician in his last sickness the 
town clerk may issue and sign the certificate of death, upon 
presentation of such facts as may be obtained of relatives, or 
persons in attendance upon the deceased person during the last 
sickness or present at the time of death, and the permit for 
burial shall be issued upon such information. 

50. Death Out of State. If the deceased was a resident of 
this state and died in some other state, but is buried in this 
state, the clerk of the town where the interment is made 
shall make a record of the death, as required by chapter 285, 
section 1, of the Public Laws, and shall transmit a copy of 
said record to the state registrar as required by section 6 of 
said chapter 285. 

51. Burial Permits, Obtaining. It shall be the duty of the 
funeral director to add to the death certificate the date and 
place of burial, and having signed the same, to forward it to 
the clerk of the town, and obtain a permit for burial. In 
case of a contagious or infectious disease the certificate shall 
be made and forwarded immediately. 

52. Duplicates. If the deceased is to be buried in a town 
other than that in which the death occurred the town clerk 
issuing the burial permit shall, within six days, forward a 
duplicate of the record of death to the clerk of the town where 
the interment is made, who shall record the same; but no 
return of said duplicate record shall be made to the state reg- 
istrar unless called for. 

53. Required. No interment or disinterment of the dead 
body of a human being, nor disposition thereof in a tomb or 
vault, shall be made without a permit, nor otherwise than in 
accordance with it. No person shall assist in, assent to or 
allow, an interment or disinterment to be made until a permit 
has been obtained. 

54. Return. It shall be the duty of every funeral director, 
or other person having charge of a burial place, who shall re- 
ceive the permit, to preserve and return it to the clerk of the 
town within six days after the burial. 



1935] Chapter 95 151 

55. In Cities. Boards of health in cities shall have charge 
of granting permits for the burial of the dead; and no inter- 
ment or removal from the city, of the dead body of any human 
being, nor disposition thereof in any tomb or vault, shall be 
made without a permit from said boards or their duly ap- 
pointed agent, nor otherwise than in accordance with said 
permit. 

56. , Prerequisites. No such permit shall be issued 

until there has been delivered to the board a satisfactory 
written statement containing the facts required by section 48 
hereof, together with the certificate of the attending physi- 
cian, or, in absence thereof, other evidence as required by sec- 
tion 49 hereof. Upon the receipt of such statement and cer- 
tificate, the board shall forthwith countersign the same and 
transmit it to the city clerk for registration. 

57. Sub-registrars. The town clerk may appoint suitable 
persons, not exceeding two in number, as sub-registrars, who 
are authorized to issue burial permits based upon a death cer- 
tificate, as hereinbefore provided, in the manner required of 
the town clerk. The appointment of sub-registrars shall be 
made with reference to locality, as the convenience of the in- 
habitants of the town may require. 

58. , Record. The record of death upon which the 

permit is issued shall be forwarded to the town clerk within 
six days after it is received, 

59. Records and Funds of Present Board. Immediately 
upon the passage of this act, the records, files, and equipment 
of the present state board of embalming examiners shall be de- 
livered to this board, and its funds shall be held by the state 
treasurer in a special fund. 

60. Special Fund. All funds as provided in the preceding 
section and all funds paid over to the state treasury by the 
treasurer of the board shall be held in a special fund to be 
paid out upon warrant of the governor for the purposes of 
this act. 

61. Exceptions. Nothing in this act shall be held to ap- 
ply to applications for examination now pending before the 
board of embalming examiners. The board shall pass upon 
the said applications according to the law existing at the time 
the said applications were filed. 

62. Penalty. Any person who shall violate any provision 
of this chapter, or any rule or regulation prescribed by the 



152 Chapters 96, 97 [1935 

board hereby created, shall be fined not less than ten nor 
more than fifty dollars or imprisoned not less than ten nor 
more than sixty days. 

2. Takes Effect. This act shall take effect upon its pas- 
sage, and all acts or parts of acts inconsistent with this act 
are hereby repealed. 

[Approved May 29, 1935.] 



CHAPTER 96. 

AN ACT AUTHORIZING THE STATE OF NEW HAMPSHIRE TO TAKE 

OVER A SECTION OF ROAD IN THE TOWN OF ALEXANDRIA 

FOR THE PURPOSE OF MAINTENANCE. 



Section 

2. Takes effect. 



Section 

1. Maintenance of road 
Alexandria. 

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

1. Maintenance. State of New Hampshire is hereby au- 
thorized and required to take over the maintenance of that 
portion of the so-called Sugar Loaf road bordering on New- 
found lake in the town of Alexandria, said section of road 
being approximately two miles in length. The expense of the 
maintenance of said road shall be a charge upon the highway 
funds. 

2. Takes Efifect. This act shall take effect upon its pas- 
sage. 

[Approved May 29, 1935.] 



CHAPTER 97. 

AN ACT LAYING OUT A HIGHWAY ON KEARSARGE MOUNTAIN. 



Section 

4. Collection of toll. 

5. Takes effect. 



Section 

1. Authority granted. 

2. Procedure. 

3. Limitation. 

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

1. Authority Granted. The governor with advice of the 
council is hereby authorized to appoint a commission of three 
persons to lay out a highway over the location of the old Kear- 
sarge Mountain toll road in the town of Warner. 

2. Procedure. The procedure to be followed by said com- 



1935] Chapter 98 153 

missioners in laying out said highway shall be as provided 
for laying out of highways to public waters by chapter 77 of 
the Public Laws, except as herein otherwise provided. 

3. Limitation. The damages to be paid to owners of land 
or property taken for such highway shall not exceed the sum 
of five hundred dollars. No state money shall be expended 
for the construction of the highway provided for in this act. 

4. Callection of Toll. After said highway has been laid out 
as herein before provided there shall be collected for the use 
of said highway such charges or tolls as the governor and 
council shall deem reasonable from the travelers thereon. The 
tolls collected shall be deposited with the state treasurer who 
shall keep the same in a separate account designated by the 
name of the highway and the operating expenses and main- 
tenance or reconstruction of said road shall be paid from this 
fund. Toll collections shall continue until cessation of the 
same is ordered by the legislature, provided, however, that 
the governor and council may, during any period of any year 
when in their opinion the expense of the collection of said 
tolls would exceed the income from said tolls, order the cessa- 
tion of said tolls for such time as they may deem advisable. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 29, 1985.] 



CHAPTER 98. 

AN ACT RELATIVE TO A STATE-AIDED HIGHWAY IN THE CITY OF 

ROCHESTER. 



Section 

2. Takes effect. 



Section 

1. State aid highway in Roch- 
ester designated. 

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

1. Highway Designated. That part of the highway known 
as route number 11 leading from Rochester Village proper to 
East Rochester Village over and along that part of Eastern 
avenue leading from the dwelling of Ira G. Studley in an east- 
erly direction to Walnut street in the city of Rochester is 
hereby designated as a class II state-aided highway. 

2. Takes Efifect. This act shall take effect on its pas- 
sage. 

[Approved May 29, 1985.] 



154 Chapter 99 [1935 

CHAPTER 99. 

AN ACT PROVIDliSIG FOR THE ESTABLISHMENT AND ADMINISTRA- 
TION OF UNEMPLOYMENT COMPENSATION. 



Section 

2. Study of partial unemploy- 

ment. 

3. Effective date. 



Section 

1. Unemployment compensa- 
tion ; funds ; contribu- 
tions; benefits; conditions 
of eligibility for benefits; 
settlement of benefit 
claims ; administration ; 
reciprocal benefit ar- 
rangements with other 
states ; protection of 
rights; collection of con- 
tributions ; unemployment 
administration accounts ; 
appropriations. 

Whereas, economic insecurity due to unemployment is a 
serious menace to the health, morals and welfare of the people 
of this state, and involuntary unemployment is therefore a 
subject of general interest and concern requiring appropriate 
action by the legislature to prevent its spread and to lighten 
the burden which now so often falls with crushing force upon 
the unemployed worker and his family ; and 

Whereas, the attempt to provide for such distress solely 
through poor relief not only is inadequate for the need but 
productive of serious social consequences upon many self-re- 
specting persons, and if undertaken on an emergency basis, 
taxes to the utmost the administrative facilities and financial 
stability of the state; and 

Whereas, the public good and the general welfare of the 
workers of this state require the enactment of this measure 
for the setting aside of unemployment reserves to be used 
for the benefit of unemployed persons, and for providing a 
systematic accumulation of funds during periods of employ- 
ment to provide benefits for periods of unemployment; now, 
therefore. 

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

1. New Chapter. Amend the Public Laws by inserting 
after chapter 179 the following new chapter: 

CHAPTER 179-A 

UNEMPLOYMENT COMPENSATION 

1. Definitions. The following words and phrases, as used 



1935] Chapter 99 155 

in this chapter, shall have the following meanings unless the 
context clearly requires otherwise: 

I. "Benefit," the money payable to an employee as com- 
pensation for his wage losses due to unemployment as pro- 
vided in this chapter. 

II. "Commissioner," the commissioner of labor or his 
authorized representative. 

III. "Contributions," the money payments to the State 
Unemployment Compensation Fund required by this chapter. 

IV. "Employee," any person employed by any employer 
and in any employment subject to this chapter except any per- 
son employed at other than manual labor at a rate of more 
than twenty-five hundred dollars ($2,500) a year or its equiva- 
lent. 

v.* "Employer," any person, partnership, association, 
corporation, whether domestic or foreign, or the legal repre- 
sentative, trustee in bankruptcy, receiver, or trustee thereof, 
or the legal representative of a deceased person, who or whose 
agent or predecessor in interest has employed at least ten per- 
sons in employment subject to this chapter at least eighteen 
weeks in the preceding calendar year; provided that such em- 
ployment in 1935 shall make an employer subject on January 
1, 1936, and such employment in any subsequent calendar year 
shall make a newly subject employer subject for all purposes 
as of January first of the calendar year in which such employ- 
ment occurs. 

In determining whether an employer employs enough per- 
sons to be subject hereto, and in determining for what con- 
tributions he is liable hereunder, he shall, whenever he con- 
tracts with any contractor or subcontractor for any work 
which is part of his usual trade, occupation, profession, or 
business, be deemed to employ all persons employed by such 
contractor or subcontractor on such work, and he alone shall 
be liable for the contributions measured by wages paid to 
such persons for such work; except as any such contractor or 
subcontractor, who would in the absence of the foregoing pro- 
visions be liable to pay said contributions, accepts exclusive 
liability for said contributions under an agreement with such 
employer made pursuant to general rules of the commissioner. 

All persons thus employed by an employer in all of his 



* Amended, chapter 142, post. 



156 Chapter 99 [1935 

several places of employment maintained within the state, 
shall be treated as employed by a single employer for the pur- 
poses of this chapter; provided, moreover, that where any 
employer, either directly or through a holding company or 
otherwise, has a majority control or ownership of otherwise 
separate business enterprises employing persons in the state, 
all such enterprises shall be treated as a single employer for 
the purposes of this chapter. 

Any employer who shall cease to be subject hereto shall 
forthwith notify the commissioner thereof in writing, setting 
forth the facts in such detail and in such manner as the com- 
missioner may by general rule prescribe. 

VI. "Employment," any employment in which all or the 
greater part of the person's work is customarily performed 
within this state, under any contract of hire, oral or written, 
express or implied, whether such person was hired and paid 
directly by the employer or through any other person em- 
ployed by him ; provided the employer had actual or construc- 
tive knowledge of such contract. Such employment shall in- 
clude the person's entire employment. 

Except as provided in any reciprocal benefit arrangement 
made pursuant to this chapter "employment" shall not include 
any employment covered by any unemployment compensation 
system established by an act of Congress. 

Nor shall the term "employment" apply to: 

(a) Employment as a farm laborer; 

(b) Employment in domestic service in private homes; 

(c) Employment by the federal or state government or 
any subdivision or agency thereof; 

(d) Employment as teacher or officer in a public or pri- 
vate school or college; 

(e) Physicians and nurses in public or private hospitals; 

(f) Service performed in the employ of a corporation, 
community chest, fund, or foundation, organized and operated 
exclusively for religious, charitable, scientific, literary, or edu- 
cational purposes, no part of the net earnings of which accrues 
to the benefit of any private shareholder or individual. 

VII. "Employment office," the state operated public em- 
ployment office. 

VIII. "Full-time weekly wage," the weekly earnings an 
employee would receive from his employment if employed at 



1935] Chapter 99 157 

the "hourly rate of earnings" and for the "full-time weekly 
hours" applicable to such employee. The commissioner shall 
make such rules and adopt such methods of calculating full- 
time weekly wages as may be suitable and reasonable under 
this subsection. 

(a) The applicable "hourly rate of earnings" shall be de- 
termined by averaging the employee's actual earnings for at 
least one hundred hours of employment with his most recent 
employer. 

(b) "Full-time weekly hours," the standard weekly hours 
customarily worked by employees in the employment in ques- 
tion. Where there are no such customary standard weekly 
hours, the commissioner shall determine the standard by 
averaging weekly hours for all calendar weeks in at least the 
past three months in which the employee has worked thirty 
hours or more, or by such equitable method as the commis- 
sioner may by general rule prescribe. 

In the case of any employee who is found by the commis- 
sioner, at the time he becomes eligible for benefits, to be un- 
able, by reasons of physical disability or by any other reason, 
other than lack of employment, to work half the full-time 
weekly hours, the commissioner shall determine his full-time 
weekly hours for benefit purposes by averaging his weekly 
hours for all weeks in at least the past three months in which 
he worked. 

IX. "Fund," the Unemployment Compensation Fund es- 
tablished by this chapter, to which all contributions and from 
which all benefits required under this chapter shall be paid. 

X. "Unemployment Administration Account," the ac- 
count set up for the purpose of meeting the expenses of ad- 
ministration under this chapter. 

XL "Partial unemployment," all weeks in which the 
employee has earned less than half his full-time weekly wage. 

XII. "Wages," every form of remuneration for employ- 
ment received by a person from his employer, directly or in- 
directly, including salaries, commissions, bonuses, and the 
reasonable value of board, rent, housing, lodging, payments in 
kind, and similar advantages. Where gratuities are received 
by the employee in the course of his employment from a per- 
son other than his employer, the value of such gratuities shall, 



158 Chapter 99 [1935 

subject to the approval of the commissioner, be included as 
part of his wages received from his employer. 

XIII. "Total unemployment," an employee shall be 
deemed totally unemployed in any week in which he performs 
no wage-earning service whatsoever, and for which he earns 
no wages nor other pay for personal services, including net 
earnings from self-employment, and in which, though avail- 
able for employment, he is unable to obtain any and cannot 
reasonably return to any self -employment in which he is cus- 
tomarily engaged. 

XIV. "Pay roll," the total amount of wages paid by an 
employer to his employees entitled to benefits under this chap- 
ter, including gratuities where these constitute a recognized 
part of the compensation. 

XV. "Week," calendar week. 

XVI. "Week of employment," employment for not less 
than eighty per cent of full-time weekly hours or yielding not 
less than eighty per cent of full-time weekly wages. 

XVII. "Day of employment," any day during which an 
employee performs more than half a day's work in an employ- 
ment and for an employer subject to this chapter. 

Unemployment Compensation Fund 

2. Fund. There is hereby created the Unemployment 
Compensation Fund to be administered by the commissioner, 
subject to audit by the comptroller without liability on the 
part of the state beyond the amounts paid into and earned by 
the fund. This fund shall consist of all contributions and 
moneys paid into and received by the fund as provided by this 
chapter, of property and securities acquired by and through 
the use of moneys belonging to the fund, and of interest 
earned thereon. 

3. Withdrawals. The fund shall be administered in trust 
and used solely to pay benefits hereunder. 

4. State Treasurer Custodian of Fund. The state treas- 
urer shall be the custodian of the fund ; and all disbursements 
therefrom shall be paid by him upon vouchers signed by the 
commissioner. He shall give a separate and additional bond 
with sufficient sureties in an amount to be fixed by the com- 
missioner conditioned upon the faithful performance of his 
duty as custodian of the fund. He may deposit or invest any 
portion of the fund not needed for immediate use, in the man- 



1935] Chapter 99 159 

ner and subject to all the provisions of law respecting his de- 
posit of other state funds held by him ; provided, further, that 
upon the establishment of an Unemployment Trust Fund by 
the United States government or its authorized agency he 
shall invest therein so long as such trust fund exists. Pre- 
miums upon bonds required pursuant to this section shall be 
paid from the Unemployment Administration Fund. 

Contributions 

5. Payment. On and after the first day of January, 1936, 
contributions shall accrue and become payable by each em- 
ployer then subject to this chapter. Thereafter, contributions 
shall accrue and become payable by any employer on and after 
the date on which he becomes subject to this chapter. The con- 
tributions required hereunder shall be paid by each employer 
in such manner and at such times as the commissioner may 
prescribe. 

6. Contribution Rates. Each employer shall contribute in 
his own behalf for the calendar year 1936 an amount equal to 
one per cent of his pay roll; for the year 1937, an amount 
equal to two per cent of his pay roll ; and for each year there- 
after, an amount equal to three per cent of his pay roll; pro- 
vided, however, that the contributions required of employers 
in any year shall not exceed the amount required by any fed- 
eral law imposing a tax for unemployment compensation. 

7. Merit Ratings or Reduction in Contributions. The com- 
missioner shall, beginning in 1941, classify employers in ac- 
cordance with the actual experience with regard to the contri- 
butions which they have paid in their own behalf and the 
benefits which the Unemployment Compensation Fund has 
paid to their employees, or to employees whose benefits are 
charged against such employers. If it appears in the accounts 
established and kept as provided below that an employer 
shows, as excess of contributions paid in his own behalf over 
benefits paid to his employees or chargeable to him, a reserve 
equal to eight per cent or more of the average of his total pay 
rolls for the three preceding years, or the five preceding years 
whichever is higher, his rate of contribution shall be reduced 
to two and one-half per cent; if the reserve is ten per cent 
but less than twelve per cent, the rate shall be reduced to 
two per cent; if the reserve is twelve per cent but less than 
fifteen per cent, the rate shall be one and one-half per cent; 



160 Chapter 99 [1935 

and if the reserve is fifteen per cent or more, the rate shall 
be one per cent. The minimum contribution thus payable to 
the fund by the employer in his own behalf shall in no case 
amount to less than one per cent. 

8. Accounts. The commissioner shall keep separate rec- 
ords of the amounts paid into the fund by each employer in 
his own behalf, or chargeable to him as benefits ; but nothing 
in this chapter shall be construed to grant any employer or his 
employees prior claims or rights to the amount contributed by 
him to the fund, either on his own account or on behalf of his 
employees. The amount of employer contributions together 
with the employee contributions shall be pooled and available 
to pay benefits to any employee entitled to benefits under the 
provisions of this chapter regardless of the source of such 
contributions. 

9. Liability of Employer's Account. For the purpose of 
determining which employer shall be debited with the amount 
of benefits paid to an employee who, during the period of the 
effective operation of this chapter, prior to the receipt of bene- 
fits, has worked for more than one employer, the liability of 
the two or more accounts shall be in inverse order to the suc- 
cession of the several employments of the employee. The lia- 
bility of any employer's account shall be limited to two years 
previous to the time when the worker last registered as un- 
employed; and the extra weeks of unemployment benefit for 
those who are entitled thereto because of previous steady em- 
ployment dating back more than two years, as provided here- 
in, shall not be chargeable against any employer's account. 

10. Limitation. No employer shall have the advantage 
of a merit rating unless the reserve computed remains at a 
level justifying the lower rate of contributions, except that 
the commissioner may, for purposes of convenience, fix quar- 
terly, half-yearly, or other reasonable periods during which 
the lower contributions based on merit ratings shall remain 
unchanged. 

11. Segregation of Special Risks. The commissioner shall 
investigate and report upon the degree of unemployment haz- 
ard in various industries and occupations and their cost to the 
unemployment fund. He shall recommend to employers in in- 
dustries or occupations showing an excessive cost to the fund 
means for stabilizing employment. He shall also, if neces- 



1935] Chapter 99 161 

sary, recommend to the legislature a higher rate of contribu- 
tion for any classification of industries or occupations in which 
unemployment is excessive or chronic. 

12. Contributions by Employees. Beginning on Janu- 
ary 1, 1936, each employee shall contribute to the fund one 
half of one per cent of his wages ; and beginning on January 1, 
1937, and thereafter he shall contribute one per cent, provided 
that the rate of contributions required of employees shall in 
no case exceed fifty per cent of the general rate required of 
employers. Each employer shall withhold such contribution 
from the wages of his employees, shall show such deduction on 
his pay-roll records, and shall transmit all such contributions 
to the fund, pursuant to general rules of the commissioner. 

Benefits 

13. Payment of Benefits. After contributions have been 
paid under this chapter for two years, benefits shall become 
payable from the fund to any employee who thereafter is or 
becomes unemployed and eligible therefor. Such benefits 
shall be paid through employment offices at such times and in 
such manner as the commissioner may specify. 

14. Weekly Benefits for Total Unemployment. An em- 
ployee totally unemployed and eligible in any week shall be 
paid benefits, computed to the nearest half dollar, at the rate 
of fifty per cent of his full-time weekly wage, except that : 

(1) the maximum benefit payable shall be fifteen dollars 
per week; and 

(2) the minimum payable in the case of an employee 
whose full-time weekly wage is ten dollars or less shall be 
seventy per cent of his wage, but not more than five dollars. 

15. Weekly Benefits for Partial Unemployment. An em- 
ployee partially unemployed and eligible in any week shall be 
paid sufficient benefits so that his week's wages and any other 
pay for personal services, including net earnings from self- 
employment and his benefits combined, will be at least two 
dollars more than the weekly benefit to which he would be 
entitled if totally unemployed in that week, but not exceeding 
sixty per cent of the earnings for full-time employment. In 
any week in which the employee has received benefits for par- 
tial unemployment, the amount of time he has worked shall 
not be used as a basis for further benefit. 

16. One-to-Four Ratio of Benefits to Employment. The 



162 Chapter 99 [1935 

aggregate amount of benefits an employee may receive shall 
be limited by the number of his past weeks of employment 
against which benefits have not yet been charged hereunder. 
Each employee shall receive benefits in the ratio of one week 
of total unemployment benefits to each four weeks of his full- 
time employment or its equivalent occurring within the one 
hundred four weeks preceding the close of his most recent 
week of employment. 

17. Weeks of Benefit in Any Year. Benefits shall be paid 
each employee for the weeks during which he is totally or 
partially unemployed and eligible for benefits, based on his 
past weeks of employment. Except as provided in section 18, 
no employee shall receive for his weeks of unemployment oc- 
curring within any fifty-two consecutive weeks more than 
sixteen weeks of total unemployment benefits, or an equiva- 
lent total amount of benefits for partial unemployment or par- 
tial and total unemployment combined, as determined by rules 
of the commissioner. In no case shall benefits for partial un- 
employment be paid for a longer period than fifty-two weeks. 

18. Additional Benefits, One-to-Twenty-four Ratio. An 
eligible employee who has received the maximum benefits 
permitted hereunder shall receive additional benefits in the 
ratio of one week of total unemployment benefit, or its equiva- 
lent, for each unit of twenty-four aggregate weeks of employ- 
ment for which he has paid the employee contribution of one 
per cent provided herein occurring within the six years pre- 
ceding the close of his most recent week of employment, and 
against which benefits have not already been charged under 
this chapter. The maximum number of additional weeks of 
benefit thus allowed shall be ten, provided that such additional 
weeks shall not be a basis for partial unemployment benefits. 

19. Benefits in Emergencies and for Special Groups. If 
in any six-months period the amount paid in benefits from 
the unemployment fund has exceeded the income; or, if, in 
the judgment of the commissioner, the reserves in the fund 
are in serious danger of depletion, the commissioner may de- 
clare an emergency and announce a modified scale of benefits, 
an increased waiting period, or other changes in the rules and 
regulations regarding eligibility for payment of benefits which 
he may deem necessary to maintain the reserves of the fund. 
If, as a result of experience there should be found within the 



1935] Chapter 99 163 

insured group certain industries or occupations normally 
yielding individual workers periods of employment of less 
than two weeks for any given employer or normally involving 
work for a number of employers, the commissioner may place 
these industries or occupations in categories having special 
rules regarding eligibility for payment of benefits or reduced 
scale of benefits. 

20. Part-time Employment. An employee who customarily 
works less than the full-time prevailing in his place of em- 
ployment shall register as a short-time worker in such manner 
as the commissioner shall prescribe. The time which such 
employee normally works in any week shall be deemed his 
week of full-time employment, and the wages he earns in 
such week shall be deemed his full-time weekly wage. The 
commissioner shall fix the proportionate number of days of 
employment required to qualify for benefits in place of the 
other provisions contained herein and the proportionate maxi- 
mum and minimum benefits in lieu of the maximum and mini- 
mum amounts provided herein. 

Conditions of Eligibility for Benefits 

21. Employment Requirement. An employee shall be eli- 
gible for benefits for any given week of his unemployment 
only if he has accumulated at least sixty days of employ- 
ment within the fifty-two weeks preceding the date of his 
registration as unemployed. 

22. Availability and Registration for Work. An em- 
ployee shall not be eligible for benefits in any week of his par- 
tial or total unemployment unless in such week he is able to 
work and available for work. To prove such availability, 
every employee partially or totally unemployed shall register 
for work and shall file claim for benefits at the employment 
office designated by the commissioner for this purpose, within 
such time limits and with such frequency and in such manner 
as the commissioner may by general rule prescribe. No em- 
ployee shall be eligible for benefits for any week in which he 
fails without good cause to comply with such registration and 
filing requirements. The commissioner shall furnish copies 
of his rules covering such requirements to each employer, who 
shall notify his employees of the terms thereof by posting and 
maintaining the same in a conspicuous place in his establish- 
ment. In claiming benefits hereunder an employee shall, dur- 



164 Chapter 99 [1935 

ing each week of his unemployment, correctly report any 
wage-earning employment he had in such week and any wages 
he received for such employment, including employments not 
subject to this chapter, and shall make such reports in accord- 
ance with such rules as the commissioner shall prescribe. 

23. Waiting Period. Benefits shall be payable to an em- 
ployee only for his weeks of unemployment occurring subse- 
quent to a waiting period, the duration of which shall in each 
case be determined as follows: 

I. An employee who has not established any credits for 
partial unemployment, as indicated in this chapter, shall be 
entitled to benefit only after a waiting period of three weeks 
of unemployment subsequent to the time he has registered 
as unemployed. 

II. An employee, who at any time in the thirteen weeks 
previous to registration as unemployed, has accumulated three 
weeks of unemployment, as herein provided, shall be eligible 
for benefits for partial unemployment immediately, but shall 
be eligible for benefits for total unemployment only after a 
waiting period of one week of unemployment. In accumulat- 
ing unemployed time for this purpose, any week in which the 
worker has been employed sixty per cent of his normal full 
time or earned sixty per cent of his full-time wages shall be 
considered as equivalent of full time, and only the time or 
wages lost in excess of forty per cent of the normal full-time 
week or wages shall be accumulated. 

III. In the case of an employee who had been receiving 
unemployment benefits during any time in the thirteen weeks 
previous to his registration as unemployed, no additional wait- 
ing period will be required for the continuation of benefits; 
nor shall a full week of unemployment be required if such peri- 
od of benefit is interrupted by employment lasting not more 
than two weeks. 

IV. There shall not be counted toward an employee's re- 
quired waiting period or periods any week of total or partial 
unemployment in which he is ineligible for benefits under sec- 
tions 22, 24, 25, 26, or 27 hereof. 

24. Effect of Trade Disputes. An employee shall not be 
eligible for benefits for any week in which his total or partial 
unemployment is directly due to a strike, or other labor dis- 



1935] Chapter 99 165 

pute still in active progress in the establishment where he was 
last employed. 

25. Voluntary Leaving. Any employee who has left his 
employment voluntarily shall be ineligible for benefits for 
three consecutive weeks additional to the waiting period pro- 
vided herein ; and the duration of benefits for total unemploy- 
ment to which the employee may be entitled shall thereby be 
reduced by three weeks. 

26. Discharge. An employee who has been discharged for 
misconduct shall thereby become ineligible for benefits until 
after a waiting period of six weeks, and the employee's maxi- 
mum weeks of benefit per year shall be reduced by three 
weeks. 

27. Refusal of Suitable Employment. If an otherwise eli- 
gible employee fails, without good cause, to apply for suitable 
employment when notified by the employment office, or to ac- 
cept suitable employment when offered him, in each such in- 
stance, he shall thereby become ineligible for benefits for the 
week in which such failure occurred and for the three next 
following weeks ; and such weeks shall be charged, as if bene- 
fits for total unemployment had been paid therefor, against 
the employee's most recent weeks of employment against 
which benefits have not previously been charged hereunder, 
and shall also be counted against his maximum weeks of bene- 
fit per year; provided, however, that the period thus charged 
shall not exceed the period of actual unemployment, subse- 
quent to such refusal of suitable employment. 

28. Definition. "Suitable employment," shall mean any 
employment not detrimental to the health, safety or morals of 
an employee for which he is reasonably fitted, including em- 
ployment not subject to this chapter, which is located within 
reasonable distance of his residence or last employment, and 
which does not involve travel expense substantially greater 
than that required in his former employment. No employ- 
ment shall be deemed suitable, and benefits shall not be denied 
under this chapter to any otherwise eligible employee for re- 
fusing to accept new work under any of the following condi- 
tions: (a) if there is a strike, or other labor dispute in the 
establishment in which the employment is offered; (b) if 
the wages, hours, and other conditions of the work offered are 
substantially less favorable to the employee than those pre- 



166 Chapter 99 [1935 

vailing for similar work in the locality ; (c) if acceptance of 
such employment would require the employee to join a com- 
pany union or would abridge or limit his right to join or re- 
tain membership in any bona fide labor organization. 

29. Interval of Eligibility after Exhaustion of Benefits. 
When an insured employee has drawn in any year the maxi- 
mum benefit to which he is entitled, he shall not be eligible for 
benefit in a subsequent year until the payment of eight full 
weekly contributions or the equivalent thereof in his behalf. 

Settlement of Benefit Claims 

30. Filing. Benefit claims shall be filed at the state em- 
ployment office at which the employee has registered as un- 
employed, pursuant to general rules of the commissioner. 

31. Initial Determination. The local employment office 
oflficial designated by the commissioner shall promptly deter- 
mine whether or not the claim is valid and the amount of the 
benefits payable thereunder, and shall give notive of such de- 
cision to the employee, his most recent employer and such 
other parties as the commissioner may deem interested. Bene- 
fits shall be paid or denied accordingly, unless a hearing is 
requested by a party affected within five days after such noti- 
fication. Said official shall render a decision as promptly 
thereafter as possible and shall notify the parties affected. 

32. Appeals. Any party affected by such decision may 
file an appeal in such manner and within such time as the com- 
missioner may designate with such appeal tribunal as the 
commissioner may establish for this purpose. 

33. Appeal Tribunals. Such appeal tribunals shall consist 
of an employer or a representative of employers, an employee 
or a representative of employees, and one representative of 
the public who shall act as chairman. The members shall 
serve during the pleasure of the commissioner. No person 
shall hear any case in which he is a directly interested party. 
With the written consent of the parties, the chairman of such 
appeal tribunal may act for it at any session in the absence 
of one or both of the other members, provided that they have 
had due notice of such session. The appeal board shall render 
its decision within ten days and shall notify the interested 
parties. Where the appeal board affirms a decision of the 
designated official, allowing benefits, such benefits shall be 



1935] Chapter 99 167 

paid regardless of any appeal which may thereafter be taken 
to the courts as hereinafter provided. 

34. Procedure. General rules as prescribed by the com- 
missioner shall govern the manner in which claims shall be 
presented, the reports thereon required from the employee 
and from employers, and the conduct of hearings and appeals. 
Such rules shall be designed to ascertain the substantial rights 
of the parties involved, without regard to common law or stat- 
utory rules of evidence and other technical rules of procedure. 
A full and complete record shall be kept of all proceedings in 
connection with a disputed claim. 

35. Commission Review. The commissioner shall have 
the power to remove or transfer the proceedings on any claim 
pending before a designated official or appeal tribunal; and 
may, on his own motion, within ten days after the date of any 
decision by such official or appeal tribunal, affirm, reverse, 
change, or set aside any such decision on the basis of the evi- 
dence previously submitted in such case, or upon the taking of 
additional testimony. 

36. Appeal on Issues of Fact. Any party aggrieved by 
any decision of fact in proceedings under the provisions of this 
chapter, in which the value in controversy exceeds one hun- 
dred dollars, may after exhaustion of other appellate remedies 
provided herein, appeal to the superior court in the same man- 
ner as parties aggrieved by the decision of fact of a municipal 
court. 

37. Appeal to Courts. Any party aggrieved by any ruling 
of law in any proceeding hereunder, having excepted thereto, 
may file his exceptions with the commissioner within ten days 
after the filing of the findings, and the same shall be allowed 
by the commissioner so far as conformable to the facts. 
Thereupon the case shall be transferred to the supreme court 
as in actions at law. The commissioner may of his own mo- 
tion transfer to the supreme court any question of law arising 
in the administration of this chapter. Such judicial review 
shall be barred unless the other remedies herein provided have 
been exhausted. 

38. Oaths and Witnesses. In the discharge of the duties 
prescribed by this section, any designated official, member of 
an appeal tribunal, commissioner, or duly authorized represen- 
tative of the commissioner shall have power to administer 



168 Chapter 99 [1935 

oaths, take depositions, certify to official acts, and by sub- 
poena compel the attendance of witnesses and the production 
of books, papers, documents and records. Witnesses sum- 
moned shall be paid the same fees as witnesses summoned to 
appear before the superior court. 

39. Testimonial Privilege. No person shall be excused 
from testifying or from producing any book or paper in any 
investigation or inquiry by or upon any hearing before the 
commissioner, when ordered to do so by the commissioner, 
upon the ground that the testimony or evidence, book or docu- 
ment required of him may tend to incriminate him or sub- 
ject him to a penalty or forfeiture; but no person shall be 
prosecuted, punished or subjected to any penalty or forfeiture 
for or on account of any act, transaction, matter or thing con- 
cerning which under oath, after claiming his privilege, he shall 
by order have testified or produced documentary evidence. 

Administration 

40. Duties and Powers of Commissioner. It shall be the 
duty of the commissioner to administer this chapter. The 
commissioner shall have the power and authority to adopt and 
enforce all reasonable rules and orders necessary or suitable 
to that end. In this connection the commissioner may make 
any expenditures, require any reports and take any other ac- 
tion necessary and suitable to carry out the provisions of this 
chapter. Annually, by the first day of January, the commis- 
sioner shall submit to the governor a summary report cover- 
ing the administration and operation of this chapter during 
the preceding year, together with such recommendations as 
he deems proper. 

41. General Rules. The general rules adopted by the com- 
missioner for the administration of this chapter shall be duly 
recorded in his minutes and be filed with the secretary of 
state, and shall thereupon have the force and effect of law. 
Such rules may be amended, altered or repealed in the same 
manner as herein provided for their adoption. 

42. Publication. The commissioner shall cause to be 
printed in proper form for distribution to the public the text 
of this chapter, his general rules, his annual report to the gov- 
ernor, and any other material he deems relevant and suitable, 
and shall furnish the same to any person upon request. 

43. Personnel. The commissioner is authorized to employ 



1935] Chapter 99 169 

all the necessary officers, accountants, clerks, agents, investi- 
gators, auditors and other persons necessary for the proper 
administration of this chapter and to fix the amount of their 
compensation subject to the approval of the governor and 
council. They shall be selected and appointed on a nonparti- 
san basis. The commissioner shall not employ or pay any 
person who is serving as an officer or committee member of 
any party organization. The commissioner shall fix the duties 
and powers of all persons thus employed, and may authorize 
any such person to perform any of the functions of a com- 
missioner under this chapter. The commissioner may, in his 
discretion, bond any person handling moneys or signing 
checks hereunder. 

44. Employment Stabilization. The commissioner shall 
endeavor to promote the regularization of employment. He 
shall take all appropriate steps within his means to reduce and 
prevent unemployment and to promote the re-employment of 
unemployed workers throughout the state. 

45. Records and Reports. Every employer shall keep true 
and accurate records of all persons employed by him showing 
the weekly hours worked by each, and the weekly wages paid 
by him to each. Such records shall be open to inspection by 
the commissioner or his authorized representatives at any 
reasonable time. The commissioner may require from any 
employer such reports on the wages, hours, employment, un- 
employment and related matters concerning his employees 
as the commissioner deems necessary to the effective adminis- 
tration of this chapter. Information secured from employers 
or employees pursuant to this chapter shall not be open to 
the public nor be used in any court in any action or proceeding 
pending therein unless the commissioner or the state is a 
party to such action or proceeding. Any officer or employee 
of the state, who, without authority of the commissioner or 
pursuant to his regulations, or as otherwise required by law, 
shall disclose the same, shall be fined not more than one hun- 
dred dollars or imprisoned for not more than six months, or 
both. 

46. Representation in Court. On request of the commis- 
sioner, the attorney-general shall represent the commissioner 
and the state in any court action relating to this chapter or 
to its administration and enforcement; provided,* however. 



170 Chapter 99 [1935 

that special counsel may be designated by the commissioner 
with the approval of the governor. 

47. State-Federal Co-operation. The commissioner is 
hereby authorized to co-operate with the appropriate agencies 
and departments of the federal government in matters relat- 
ing to the administration of this chapter, and to comply with 
all reasonable federal regulations governing the expenditures 
of sums alloted or apportioned to the state for such adminis- 
tration and accepted by the state. 

Reciprocal Benefit Arrangements with Other States 

48. Reciprocal Arrangements. The commissioner is here- 
by authorized, subject to approval by the governor and coun- 
cil, to enter into reciprocal arrangements with the proper 
authorities in the case of any other unemployment compensa- 
tion system established by any law of another state or by an 
act of Congress, as to persons who have newly come under 
this chapter or under such other system, whereby benefits 
shall be paid through the fund of the unemployment compen- 
sation system applicable to such person. Such reciprocal ar- 
rangements shall be adopted and published by the commis- 
sioner in the same manner as his general rules. 

Protection of Rights and Benefits 

49. Waiver of Rights Void. No agreement by an em- 
ployee to waive his right to benefit or any other right under 
this act shall be valid. No agreement by an employee or by 
employees to pay all or any portion of the contributions re- 
quired under this act from employers shall be valid. No em- 
ployer shall make or permit or require any deduction from 
wages to finance the contributions required of him, or require 
any waiver by an employee of any right hereunder. 

50. Limitation of Fees. Any employee claiming benefits 
in any proceeding or court action may be represented by coun- 
sel or other duly authorized agent. Fees for such services 
rendered by such agent shall not be allowable or payable un- 
less such agent is an attorney or counselor-at-law ; nor unless 
the amount has been approved by the commissioner. Any 
person, firm or corporation who shall exact or receive any re- 
muneration or gratuity for any services rendered on behalf of 
a claimant, except as authorized by this section, or who shall 
solicit the- business of appearing on behalf of a claimant, or 
who shall make it a business to solicit employment for another 



1935] Chapter 99 171 

in connection with any claim for benefits under this chapter 
shall be fined not more than one hundred dollars or impris- 
oned not more than six months, or both. 

51. No Assignment or Garnishment of Benefits. Benefits 
which are due or may become due under this chapter shall not 
be assignable before payment; and when awarded, adjudged, 
or paid shall be exempt from all claims of creditors, and from 
levy, execution and attachment or other remedy now or here- 
after provided for recovery or collection of debt, which exemp- 
tion may not be waived. 

Collection of Contributions 

52. Interest on Tardy Payments. If any employer fails to 
make payment by the date it becomes due hereunder, he shall 
be additionally liable to the Unemployment Compensation 
Fund for interest on such payment at the rate of one per cent 
per month from the date it became due. 

53. Bankruptcy. In the event of an employer's dissolu- 
tion, bankruptcy, adjudicated insolvency, receivership, assign- 
ment for benefit of creditors, judicially confirmed extension 
proposal or composition, contribution payments then or there- 
after due under this chapter shall have priority over all other 
claims, except taxes and wage claims. 

Penalties 

54. . Whoever wilfully makes a false statement or 

representation to obtain or increase any benefit or other pay- 
ment under' this chapter, either for himself or for any other 
person, shall, upon conviction, be fined not less than twenty 
nor- more than one hundred dollars, or imprisoned not more 
than sixty days, or both ; and each such false statement or 
representation shall constitute a separate and distinct offense. 

55. . Any employer or his agent, who wilfully makes 

a false statement or representation to avoid becoming or re- 
maining subject hereto or to avoid or reduce any contribution 
or other payment required of such employer under this chap- 
ter, or to deny or reduce payments of benefits to any employee, 
or who wilfully fails or refuses to make any such contribution 
or other payment or to furnish any reports required hereunder 
or to testify or to permit inspection of records or produce rec- 
ords as required hereunder, or who makes, permits or requires 
any deduction from wages to pay all or any portion of the 



172 Chapter 99 [1935 

contributions required from employers, or who attempts to 
induce any employee to waive any right under this chapter, 
shall, upon conviction, be fined not less than one hundred nor 
more than five hundred dollars, or imprisoned not more than 
six months, or both; and each such violation shall constitute 
a separate and distinct offense. 

56. . Any violation of any provision of this chapter, 

for which a penalty is neither prescribed above nor provided 
by any other applicable statute, shall be punished by a fine of 
not less than twenty nor more than fifty dollars, or by im- 
prisonment not longer than thirty days, or by both such fine 
and imprisonment. 

Unemployment Administration Account 

57. Special Account. There is hereby created the "Unem- 
ployment Compensation Administration Account," to be used 
by the commissioner for the administration of this chapter. 
This special account shall include the amount of money which 
the federal government may contribute to the state for such 
purpose. This special account shall be handled by the state 
treasurer as other state moneys are handled, subject to audit 
by the comptroller ; but it shall be expended solely for the pur- 
poses herein specified, and its balances shall not lapse at any 
time but shall remain continuously available to the commis- 
sioner for expenditures consistent herewith. 

58. Federal Aid. All federal moneys allotted or appor- 
tioned to the state by the Federal Social Insurance Board, or 
other agency, for the administration of this chapter shall be 
paid into the Unemployment Administration Account. 

59. Employment Service Account. A special "employ- 
ment service account" shall be maintained as a part of said 
account. 

Appropriations 

60. . All moneys in the Unemployment Administra- 
tion Account are hereby appropriated as they become avail- 
able to the commissioner including the employment office serv- 
ice. 

61. Changes. If any federal law imposing a pay-roll tax 
for unemployment compensation shall impose a tax or require 
contributions from employers or employees not heretofore 
covered by this chapter, or if the tax imposed or contribution 



1935] Chapter 99 173 

required by such law shall be in excess of that heretofore set 
forth, then such employers and employees shall be included 
within the terms of this chapter and the amount of contribu- 
tions required by this chapter shall not be less than that 
required by such federal law to the end that the state shall 
receive the maximum benefit thereunder. 

62. Separability of Provisions. If any portion of this 
chapter, or the application thereof to any person or circum- 
stance, shall be held invalid, the remainder thereof or the ap- 
plication of such invalid portion to other persons or circum- 
stances shall not be affected thereby. 

63. Reserved Right. All the rights, privileges, or immuni- 
ties conferred by this chapter or by acts done pursuant there- 
to shall be subject to the reserved right of the legislature to 
alter, amend or repeal this chapter or any portion thereof at 
any time. 

2. Study of Partial Unemployment. The commissioner 
shall make a study of partial unemployment and shall make 
such recommendations to the next session of the legislature 
with respect to conditions and terms of partial unemployment 
benefits as he shall deem necessary. 

3. Effective Date. The governor shall by proclamation 
declare the effective date of this act after the passage of fed- 
eral legislation imposing a tax for unemployment compensa- 
tion. In the event that the imposition of such a tax by such 
federal legislation should be finally adjudged invalid, the pro- 
visions of this act shall cease to become operative. 

[Approved May 29, 1935.] 



Section 

2. Takes effect. 



174 Chapter 100 [1935 

CHAPTER 100. 

AN ACT RELATING TO LINES OF TELEGRAPH AND OTHER 

COMPANIES IN HIGHWAYS. 

Section 

1. Lines of telegraph and other 
companies in highways; 
authority to erect, locat- 
ing; changes; records; 
damages; jurisdiction of 
highway commissioner; 
interference with travel; 
removal; cutting trees; 
liability of proprietors to 
towns; when wires may 
be discontinued. 

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

1. New Chapter. Amend chapter 97 of the Public Laws 
by striking out the entire chapter and inserting in place there- 
of the following: ' 

Locating and Licensing Lines of Wire, Cables, etc. 

1. Authority to Erect. Telegraph, telephone, electric light 
and electric power poles and structures and underground con- 
duits and cables, with their respective attachments and ap- 
purtenances may be erected, installed and maintained in any 
public highway and the necessary and proper wires and cables 
may be supported on such poles and structures or carried 
across or placed under any such highway by any person, co- 
partnership or corporation as provided in this chapter and 
not otherwise. 

2. Locating. Any such person, copartnership or corpora- 
tion desiring to erect or install any such poles or structures or 
underground conduits or cables or to install any such wires or 
cables across any such highway, may petition the selectmen 
of the town in which such highway is situated to grant a li- 
cense therefor. The selectmen shall thereupon designate the 
location of the poles, structures, underground conduits, cables 
or wires, as described in said petition, and shall grant a li- 
cense for erecting or installing and maintaining the same, if 
the public good requires. The selectmen shall designate and 
define in their order the maximum and minimum length of 
poles, the maximum and minimum height of structures and 
the approximate location thereof, including where applicable 
the approximate distance thereof from the edge of the trav- 
eled roadway or of the sidewalk and the minimum distance of 



1935] Chapter 100 175 

wires above and of conduits or cables below the surface of the 
highway. Such designation and definition may be by refer- 
ence to a map or plan filed with or attached to the petition. 
In cities, the board of mayor and aldermen or other board 
having authority to locate poles and wires shall exercise the 
powers and duties prescribed in this chapter for selectmen; 
and they are hereby authorized to delegate all or any part of 
the powers conferred upon them by the provisions of this sec- 
tion to such agents as they may duly appoint. The holder of 
such a license granted as aforesaid (hereinafter referred to 
as licensee) shall thereupon and thereafter be entitled to ex- 
ercise the same and to erect or install and maintain any such 
poles, structures, underground conduits and cables in ap- 
proximately the location designated by such license and to 
place upon such poles and structures the necessary and proper 
guys, cross-arms, fixtures, transformers and other attach- 
ments and appurtenances which are required in the reason- 
able and proper operation of the business carried on by such 
Hcensee, together with as many wires and cables of proper 
size and description as such poles and structures are reason- 
ably capable of supporting during their continuance in serv- 
ice ; and to place in such underground conduits such number 
of ducts, wires and cables as they are designed to accommo- 
date and to supply and install in connection with such under- 
ground conduits and cables the necessary and proper man- 
holes, drains, transformers and other accessories which may 
reasonably be required. 

3. Confirming Locations. Similar proceedings may be had 
for locating and licensing poles and structures and under- 
ground conduits and cables already constructed with or with- 
out license, or for changing the location of any such property 
constructed with or without license ; but nothing contained 
in this section or this act shall 'affect the validity of locations 
heretofore granted. 

4. Changes. Any such licensee or any person whose 
rights or interests are affected by any such license may peti- 
tion the selectmen for changes in the terms thereof ; and after 
notice to the parties and hearing, the selectmen may make 
such alterations therein' as the public good requires. The se- 
lectmen, after notice to any such licensee and hearing, may 
from time to time revoke or change the terms and conditions 
of any such license, whenever the public good requires. 



176 Chapter 100 [1935 

5. Return; Record. The selectmen, within thirty days 
after any petition authorized by this chapter has been pre- 
sented to them for action, shall make a return of their pro- 
ceedings and their decision thereon, including any license by 
them granted under the provisions of this chapter, and shall 
cause the petition and their return to be recorded by the 
town clerk. 

6. Services; Fees. If the proprietors of the line are the 
petitioners, they shall pay the selectmen and town clerk for 
their services and fees. If a landowner is the petitioner he 
shall advance the payment for such services and fees, and if 
his petition is sustained he may recover the same of the pro- 
prietors of the line against whom he makes petition. The 
selectmen shall be entitled to compensation at the rate of four 
dollars a day for services and ten cents a mile one way for 
travel, and the town clerk shall be entitled to the fees allowed 
by law. 

7. Petition to Court. If the selectmen shall neglect or re- 
fuse, for thirty days after any petition authorized by this 
chapter has been presented to them, to decide and make re- 
turn of their proceedings thereon, or if any party whose inter- 
ests are affected by their decision on any such petition or in 
granting a license, changing the terms thereof or revoking 
the same, is dissatisfied therewith, the petitioner or party so 
dissatisfied may apply to the superior court for relief within 
sixty days after the expiration of said thirty days or after 
such decision; and like proceedings shall thereupon be had 
as in the case of appeals from the laying out of highways. 

8. Damages. If any person shall be damaged in his es- 
tate by the erection of any such poles or other structures, or 
by the installation of any such underground conduits or cables 
or by installing or placing any wire, cable, guy, cross-arm, fix- 
tures, transformers, manhole, 'drain or other apparatus in or 
under the highway by authority of any such license, he may 
apply to the selectmen to assess his damages. Such proceed- 
ings shall thereupon be had as are provided in the case of as- 
sessment of damages in laying out highways by the select- 
men, and such damages, if any, may be awarded as shall be 
legally and justly due. 

9. Jurisdiction of Highway Commissioner. Petitions for 
licenses or for confirming locations, as specified in sections 2 
and 3 of this chapter, on or under any state highway or trunk 



1935] Chapter 100 177 

line as defined in section 1 of chapter 84 of the Public Laws, 
or any other highway or portion thereof which at the time is 
maintained in whole or in part with state funds, shall be ad- 
dressed to the highway commissioner, who shall have exclu- 
sive jurisdiction of the disposition of such petitions to the 
same effect as is provided for selectmen in other cases, and 
also shall have like jurisdiction for changing the terms of any 
such license or for assessing damages as provided in this 
chapter. The highway commissioner shall also have the same 
authority as conferred upon the selectmen by section 4 of 
this chapter to revoke or change the terms and conditions of 
any such license. The highway commissioner is hereby au- 
thorized to delegate all or any part of the powers conferred 
upon him by the provisions of this section to such agent or 
agents as he may duly appoint in writing. The orders of the 
highway commissioner shall be recorded as provided in sec- 
tion 5 of this chapter; and the location of poles licensed upon 
such petitions shall be entered by the state highway depart- 
ment upon the existing record plans of said department, at 
the expense of the licensees. On record plans of said depart- 
ment prepared on or after the effective date of this act, such 
locations shall be entered without cost to the licensee. 

10. Interference with Travel. The location of poles and 
structures and of underground conduits and cables by the se- 
lectmen shall be made so far as reasonably possible so that 
the same and the attachments and appurtenances thereto will 
not interfere with the safe, free and convenient use for pub- 
lic travel of the highway or of any private way leading there- 
from to adjoining premises or with the use of such premises 
or of any other similar property of another licensee; and the 
location of any such pole or structure or underground con- 
duit or cable, when designated by the selectmen pursuant to 
the provisions of this chapter, shall be conclusive as to the 
right of the licensee to construct and maintain the same in 
the place located without liability to others, except for negli- 
gence in the construction, operation or maintenance of the 
same or of the attachments and appurtenances thereto and 
except as is expressly provided in this chapter. In no event 
shall any town or city or any official or employee thereof or 
of the state highway department be under liability by reason 
of the death of or damages sustained by any person or to any 
property occasioned by or resulting from the location, con- 



178 Chapter 100 [1935 

struction or maintenance of any pole, structure, conduit, cable, 
wire or other apparatus in any highway, pursuant to the pro- 
visions of this chapter. 

11. Joint Licenses. Joint licenses covering identical loca- 
tions may be granted under the provisions of this chapter to 
two or more licensees; and any licensee under the provisions 
of this chapter may transfer to another such licensee title to 
all or any interest in any such pole or structure or under- 
ground conduit owned by the former; and in such case the 
transferee shall be entitled to have and exercise the license 
granted to the transferor to the extent necessary for his use 
of the transferred property, after he shall have caused to be 
recorded by the town clerk the deed or other instrument by 
which such title has been transferred. 

12. Renewal and Replacement. Any pole or structure or 
underground conduit or cable installed under license as pro- 
vided in this chapter may be renewed or replaced as occasion 
requires in approximately the location originally designated 
therefor; and any variation in location which is reasonably 
necessary in making such renewal or replacement in the usual 
or customary manner, shall not affect the rights of the li- 
censee as defined in this chapter. 

13. Cutting Trees. No such licensee shall have the right 
to cut, mutilate or injure any shade or ornamental tree, for 
the purpose of erecting or maintaining poles or structures or 
installing wires or other attachments or appurtenances there- 
to, without obtaining the consent of the owner of the land on 
which such tree grows or the payment or tender in full of 
damages therefor determined as provided in this section. If 
the consent of such owner can not be obtained, the selectmen, 
upon petition, after notice to and hearing, shall determine 
whether the cutting or mutilation is necessary and if deter- 
mined to be necessary, they shall assess the damages that will 
be occasioned to the owner thereby. 

14. Unlicensed. If any such pole or structure or under- 
ground conduit or cable or any attachment or appurtenance 
thereto is wilfully placed or maintained in any highway with- 
out valid license therefor, it shall be deemed to be a public 
nuisance. 

15. No Prescriptive Right. No enjoyment by a person, 
copartnership or corporation for any length of time of the 
privilege of having or maintaining wires and their supports 



1935] Chapter 100 179 

and appurtenances in, upon, over or attached to any building 
or land of other persons, shall create an easement or raise any 
presumption of a grant thereof. 

Liability of Proprietors to Towns, etc. 

16. To Indemnify Town. The proprietors of every line of 
wire strung in a highway shall indemnify the town against all 
damages, costs and expenses to which it may be subjected by 
reason of any insufficiency or defect in the highway occasioned 
by the presence of the wires and their supports therein, 

17. To Party Injured. They shall also be responsible di- 
rectly to any party receiving injury in his person or estate 
from any pole or structure or underground conduit or cable 
or any wire or other attachment or appurtenance thereto, 
which has been constructed or maintained by any such pro- 
prietor without valid license or which has been constructed, 
maintained or operated under a valid license but in a negli- 
gent manner, or in an improper location. 

When Wires May Be Discontinued 

18. Procedure. Whenever it shall be necessary for any 
lawful purpose temporarily to displace, remove or sever any 
wire, pole or structure lawfully maintained in any highway 
and the proprietor thereof shall neglect or refuse to take such 
action within twenty-four hours after request therefor the 
person desiring such action may apply to the selectmen for 
an order requiring such action to be taken by such proprietor. 
Thereupon the selectmen shall appoint a hearing to be held 
within six days after such petition has been presented to them 
and shall give such proprietor at least three days notice there- 
of. After hearing, the selectmen may by order require the 
proprietor to take the action requested, if in their judgment 
said action is reasonably necessary, and fix the time within 
which it shall be completed and specify whether the petition- 
er shall pay all or any part of the expense thereof; and it 
shall be the duty of such proprietor to comply with such order 
within the time stated therein and he shall thereupon be en- 
titled to reimbursement from the petitioner in accordance with 
said order, within six days after demand therefor by the 
proprietor stating the amount. In case such proprietor shall 
fail to comply with such order, he shall forfeit to the petition- 
er a sum equivalent to ten dollars for each day while such de- 
fault continues, and such proprietor shall be entitled to re- 



180 Chapter 101 [1935 

cover from the petitioner in an action of debt the petitioner's 
part of the expense determined in said order. 

2. Takes Efifect. This act shall take effect upon its pas- 
sage. 

[Approved May 31, 1935.] 



CHAPTER 101. 

AN ACT RELATING TO MUNICIPAL COURTS. 



Section 

2. Takes effect. 



Section 

1. Salary special justice Man- 
chester court. 

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

1. Manchester, Special Justice, Salary. Amend section 4, 
chapter 323 of the Public Laws, as amended by chapter 116 
of the Laws of 1929, and as further amended by chapter 19 
of the Laws of 1931, by striking out the words "three hun- 
dred and fifty" in line nine and inserting in place thereof the 
words, eight hundred, so that said section as amended shall 
read as follows: 4. Compensation of Special Justices. 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, three dollars a day for each day or part there- 
of that he shall serve in said capacity ; provided, that the an- 
nual salaries of the special justices of the municipal courts of 
the following cities and town shall be as follows, of Manches- 
ter eight hundred dollars, of Nashua six hundred dollars, of 
Concord five hundred dollars, and of Hampton one hundred 
and fifty dollars, to be paid by said cities and town, respective- 
ly, quarterly, and shall be in lieu of any other compensation 
or fees to such justices. 

2. Takes Efifect. This act shall take effect upon its pas- 
sage. 

[Approved May 31, 1935.] 



1935] Chapter 102 181 

CHAPTER 102. 

AN ACT RELATIVE TO THE PAYMENT OF WAGES. 



Section 

1. Weekly payment of wages, 
penalty for violations. 



Section 

2. Evasions. 

3. Takes effect. 



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

1. Weekly Payment of Wages. Amend section 28 of 
chapter 176 of the Public Laws as amended by chapter 69 of 
the Laws of 1935, approved, May 6, 1935, by striking out said 
section and inserting in place thereof the following: 28. 
Penalty. Whoever wilfully violates any of the provisions of 
this subdivision shall be fined not less than ten nor more than 
fifty dollars or imprisoned for not more than two months, for 
each offense, provided that a prosecution therefor is begun 
within six months after the offense is committed, but not 
otherwise. Any officer or agent of a corporation responsible 
for the violation of any of the provisions of this subdivision 
shall be subject to the penalty herein prescribed in addition 
to the penalty incurred by the corporation. 

2. Evasions. Amend chapter 176 of the Public Laws by 
adding to the subdivision relative to payment of wages the 

following new section: 28-a. . No person shall by a 

special contract with an employee or by any other means ex- 
empt himself from the provisions of this subdivision. There 
shall be no defense for failure to pay as required hereunder 
unless there shall have been an attachment of such wages by 
trustee process, or a valid assignment thereof, or a valid set- 
off against the same, or the absence of the employee from his 
regular place of labor at the time of payment, or an actual 
tender to such employee at the time of payment of the wages 
so earned by him. If the person charged with violation of 
the provisions of this subdivision is an officer of an associa- 
tion or corporation his liability to the penalty prescribed here- 
under shall not be altered by the fact that the employee may 
be a stockholder of said association or corporation, 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 31, 1935.] 



182 Chapter 103 [1935 

CHAPTER 103. 

AN ACT ESTABLISHING THE OFFICE OF STATE VETERANS 
SERVICE OFFICER. 



Section 

2. Effect of laws. 

3. Takes effect. 



Section 

1. State veterans service office 
established; duties; sal- 
ary. 

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

1. Veterans Benefits. Amend chapter 108 of the Public 
Laws by adding- after section 15, which was inserted by chap- 
ter 145 of the Laws of 1929, the following new sections: 16. 
State Veterans Service Officer. The secretary of the state 
board of public welfare shall with the approval of the governor 
and council appoint a state veterans service officer. Said of- 
ficer shall have served in the army or navy, or the marine 
corps, of the United States in any war in which the United 
States was engaged, and shall have received an honorable 
discharge. 17. Duties. Said state veterans service officer 
shall give his entire time to the duties of the office and shall 
assist veterans who are residents of this state or their de- 
pendents to secure all the benefits or preferences to which 
they may be entitled under any state or federal laws or reg- 
ulations. 18. Salary. The salary of said service officer 
shall be fixed by the secretary of the state board of public 
welfare with the approval of the governor and council. 

2. Effect of Laws. During the time that the director of 
the division of welfare under the state board of welfare and 
relief exercises the duties of the secretary of the state board 
of public welfare as provided in the act passed at this session 
of the legislature approved March 13, 1935, said director of 
welfare shall have all the powers conferred upon the secre- 
tary of the state board of welfare under the provisions of 
section 1 of this act. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 4, 1935.] 



1935] Chapters 104, 105 183 

CHAPTER 104. 

AN ACT RELATING TO THE COMPENSATION OF THE COUNTY 

TREASURERS. 



Section 
2. Takes effect. 



Section 

1. Compensation of county 
treasurers. 

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

1. County Treasurers. Amend section 12, chapter 39 of 
the Public Laws by striking out said section and inserting in 
place thereof the following: 12. Salaries and Expenses. 

The annual salaries of the treasurers of the several counties, 
to be in full for their services and allowances of every kind, 
except as hereinafter provided, shall be as follows: 

In Rockingham, eight hundred dollars. 

In Strafford, four hundred dollars. 

In Belknap, three hundred dollars. 

In Carroll, three hundred dollars. 

In Merrimack, four hundred dollars. 

In Hillsborough, twelve hundred dollars. 

In Cheshire, two hundred dollars. 

In Sullivan, two hundred dollars. 

In Grafton, three hundred dollars. 

In Coos, four hundred dollars. 

To the foregoing sums shall be added a reasonable sum 
for all necessary expenses upon order of the county commis- 
sioners. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 4, 1935.] 



CHAPTER 105. 

AN ACT RELATING TO CLERK HIRE IN THE PROBATE OFFICE OF 

GRAFTON COUNTY. 



Section 

2. Takes effect. 



Section 

1. Grafton county probate 
office, clerk hire. 

Be it enacted by the Senate and Hov^e of Representatives in 
General Court convened: 

1. Grafton County Probate Office. Amend section 21, 
chapter 294 of the Public Laws, as amended by chapter 89 
and chapter 141 of the Laws of 1929, and by chapter 14, Laws 



184 Chapter 106 [1935 

of 1935, by adding after line seven thereof the following: 
In Grafton county, three hundred dollars, so that said section 
as amended shall read as follows: 21. Clerk Hire. Regis- 
ters of probate shall be allowed the following sums annually 
for clerk hire, payable monthly by the county: 

In Rockingham county, eight hundred dollars. 

In Merrimack county, nine hundred dollars. 

In Hillsborough county, fifteen hundred dollars. 

In Sullivan county, three hundred dollars. 

In Grafton county, three hundred dollars. 

In Coos county, one hundred and fifty dollars. 
2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 4, 1935.] 



CHAPTER 106. 

AN ACT RELATING TO BUSINESS CORPORATIONS. 



Section 

2. Takes effect. 



Section 

1. Existing corporations 

brought under provisions 
of business corporation 
law. 

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

1. Amendment. Amend sections 100 to 106 inclusive of 
chapter 225 of the Public Laws by striking out said sections 
and inserting in place thereof the following: 100. Existing 
Corporations Brought Under This Chapter. Every corpora- 
tion chartered by the legislature or organized under any of 
the laws of this state except this chapter or chapter 92 of the 
Laws of 1919, as amended, whose general objects of incorpo- 
ration are such as may be exercised by a business corporation 
organized under this chapter, and the stockholders, directors 
and officers of every such corporation are hereby brought un- 
der the provisions of this chapter so far as applicable; and 
every such corporation and its stockholders, officers and di- 
rectors, from and after the effective date of this act, shall be 
entitled to the powers, privileges and immunities and be sub- 
ject to the duties, liabilities and obligations provided by this 
chapter and not otherwise in all respects as if said corpora- 
tion were organized under the provisions of this chapter on 
said date. Any liability of such corporation or its stock- 



1935] Chapter 107 185 

holders, officers or directors or any of them, existing on said 
date under or by virtue of any other law of this state shall 
not be affected by this act. No such business corporation may 
change its name, increase or decrease its capital stock or 
otherwise amend its articles of association or record of or- 
ganization except in the manner provided in this chapter. 
Action by any such corporation heretofore taken in changing 
its name, increasing or decreasing its capital stock or other- 
wise amending its articles of association or record of organi- 
zation in accordance with the provisions of section 2 of chap- 
ter 1 of the Laws of 1895, section 7 of chapter 147 of the Pub- 
lic Statutes, or section 6 of chapter 223 of the Public Laws as 
amended by chapter 69 of the Laws of 1931, is hereby rati- 
fied and confirmed. 

2. Takes Effect. All acts or parts of acts inconsistent 
with this act are hereby repealed and this act shall take ef- 
fect upon its passage. 

[Approved June 4, 1935.] 



CHAPTER 107. 

AN ACT RELATING TO THE OPERATION OF MOTOR VEHICLES. 



Section 

1. Motor vehicles passing 
school busses. 



Section 

2. School busses. 

3. Takes effect. 



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

1. Operation of Motor Vehicles. Amend chapter 103 of 
the Public Laws by striking out section 12 and inserting in 
place thereof the following new section: 12. Street Cars; 
School Busses. The driver of any motor vehicle, approaching 
or passing a car of any street railway, or a motor bus or other 
vehicle used for the puiT^ose of transporting passengers, which 
has been stopped to allow passengers to alight or embark, 
shall slow down such vehicle and, if it be necessary for the 
safety of the public, shall bring it to a full stop. 

2. School Busses. Further amend said chapter 103 by 
adding at the end of section 8 a new section as follows: 
8-a. School Busses. No motor vehicle used for the purpose 
of transporting school children shall be operated upon the pub- 
lic highways of the state unless such vehicle shall carry the 
designation, school bus, in a conspicuous place in the rear 
thereof in lettering not less than six inches in height. In 



186 Chapter 108 [1935 

addition to such lettering, such vehicle shall carry other dis- 
tinguishing marks conformable to rules and regulations pre- 
scribed by the commissioner of motor vehicles. 

3. Takes Effect. This act shall take effect upon its pas- 
sage, provided that the provisions of section 2 shall not be- 
come effective until July 1, 1935. 

[Approved June 4, 1935.] 



CHAPTER 108. 

AN ACT TO PROVIDE FOR THE CONSTRUCTION AND OPERATION OF 

AN AERIAL TRAMWAY ON CANNON MOUNTAIN IN THE 

FRANCONIA NOTCH. 



Section 

5. Net revenues. 

6. Interim certificates. 

7. Federal permit. 

8. Takes effect. 



Section 

1. Aerial tramway to be con- 

structed. 

2. Powers of commission. 

3. Bonds authorized. 

4. Remedies of bondholders. 

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

1. Aerial Tramway. For the purpose of constructing an 
aerial tramway on Cannon Mountain in the Franconia Notch 
and for the further purpose of maintaining and operating the 
same together with the necessary appurtenances thereof after 
construction, there is hereby created an agency of the state 
composed of a commission of five members, not more than 
three of whom shall be of the same political party, to be 
known as the New Hampshire Aerial Tramway Commission, 
hereinafter called the commission, composed of the comptrol- 
ler ex officio and four members to be appointed by the gov- 
ernor with the advice and consent of the council. The term 
of office of the first appointive members shall be one, two, 
three and four years respectively. The length of the term 
of each to be fixed in his commission and he shall continue in 
office until his successor has been appointed and qualified. 
Thereafter each year beginning in the year 1936, one member 
of said commission shall be appointed for a term of four years. 
If a vacancy shall occur in said commission, it shall be filled 
for the remainder of the term. The members of the commis- 
sion shall serve without compensation except that they shall 
be reimbursed for their actual expenses while engaged in the 
business of the commission. The majority of the commis- 
sion shall constitute a quorum. 



1935] Chapter 108 187 

2. Powers. The commission shall have all the powers 
necessary and proper to locate, construct and operate the 
aerial tramway aforesaid and specifically, without limiting 
the generality of the foregoing, the commission shall have 
power to contract with the United States, the state of New 
Hampshire, other states and public bodies and private corpora- 
tions and individuals, to accept grants from the federal gov- 
ernment or any agency thereof, to adopt by-laws for the reg- 
ulation and conduct of its business, a seal and to keep records, 
to construct, control and operate an aerial tramway, to de- 
termine the charges and fares for the use thereof, to employ 
assistants, agents and servants necessary to the proper con- 
duct of its business and to fix their compensation subject to 
approval by the governor and council, to adopt rules and reg- 
ulations governing the use of the said tramway by the pub- 
lic, to borrow money and give the necessary security for the 
repayment thereof, to lease real estate and hold the title 
thereto. The commission shall be liable to suit in its own 
name as a separate entity provided, however, that individual 
commissioners shall be personally liable only for wilful mis- 
conduct. It shall have power to institute and prosecute in 
its own name suits at law or in equity or special proceedings 
in any courts. All property of the commission shall be held 
in the name of the state, it shall be exempt from levy and 
sale by virtue of an execution and no execution or other 
judicial process shall issue against the same. No judgment 
against the commission shall be a charge or a lien upon its 
property or the property held in the name of the state pursu- 
ant to the provisions hereof. 

3. Bonds Authorized. The commission is hereby author- 
ized to provide by resolution from time to time for the issu- 
ance of bonds for the purpose of paying the cost of such aerial 
tramway and the location and equipment thereof. The bonds 
of the commission shall not constitute a debt of the state or 
of any agency or political subdivision thereof, except the com- 
mission. Any provision of any law to the contrary notwith- 
standing any bonds issued pursuant to this act shall be fully 
negotiable. In case any of the commissioners whose signa- 
tures appear on the bonds or coupons shall cease to be such 
commissioners before the delivery of such bonds, such signa- 
tures shall nevertheless be valid and sufficient for all pur- 
poses, the same as if such commissioners had remained in 



188 Chapter 108 [1935 

office until such delivery. The commission may in the reso- 
lution authorizing respective issues provide as to such bonds ; 
(1) the manner of executing the bonds and coupons; (2) the 
form and denomination thereof; (3) maturity dates, not more 
than fifty years from the date or dates of issue; (4) the in- 
terest rates thereon; (5) for redemption prior to maturity 
and the premium payable therefor ; (6) the place or places for 
the payment of interest and principal; (7) for registration if 
the commission deems such to be desirable ; (8) for the pledg- 
ing of all or any of the revenues as security for payment; 

(9) for the replacement of lost, destroyed, or mutilated bonds ; 

(10) the setting aside of reserves and sinking funds and the 
regulation and disposition thereof; (11) for limitations on the 
issuance of additional bonds; (12) for the procedure, if any, 
by which the contract with the bondholders may be abrogated 
or amended; (13) for the manner of sale and price thereof; 
(14) for covenants against pledging any of the revenues of 
the projects; (15) for covenants fixing and establishing such 
prices,' rates and charges for carriage and other services made 
available in connection with such tramway, so as to provide 
at all times, funds which will be sufficient (a) to pay all cost 
of operation and maintenance of such tramway, together with 
necessary repairs thereto, (b) to meet and pay the principal 
and interest of all such bonds as they severally become due 
and payable and (c) for the creating of such revenues for prin- 
cipal and interest of all such bonds and for the meeting of con- 
tingencies and the operation and maintenance of such tram- 
way, as the commission shall determine; (16) for such other 
covenants as to such prices, rates and charges as the com- 
mission shall determine; (17) for covenants as to the rights, 
liabilities, powers and duties arising upon the breach by the 
commission of any covenant, condition or obligation; (18) for 
covenants as to the bonds to be issued and as to the issuance 
of said bonds in escrow or otherwise and as to the use and 
disposition of the proceeds thereof; (19) for covenants as to 
the use of its property, the maintenance and replacement 
thereof, the insurance to be carried thereon and the use and 
disposition of insurance money; (20) for limitations upon 
the exercise of the powers conferred upon the commission by 
this act; (21) for the issuance of such bonds in series thereof 
and, (22) the performance by the commission of any and all 
such acts and things as may be necessary or convenient or 



1935] Chapter 108 189 

desirable in order to secure its bonds or in the absolute dis- 
cretion of the commission as will tend to make the bonds 
more marketable, notwithstanding that such acts or things 
may not be enumerated therein. 

4. Remedies of Bondholders. In the event that the com- 
mission shall make default in the payment of principal or in- 
terest on any of the bonds after the same shall fall due and 
such default shall continue for a period of sixty days, or shall 
default in any agreement with the bondholders, the holders of 
twenty-five per cent in aggregate principal amount of the 
bonds then outstanding by instrument filed in the office of 
the secretary of state duly acknowledged, may appoint a trus- 
tee to represent the bondholders for the purposes herein pro- 
vided. Such trustee may, and upon the written request of 
the holders of twenty-five per cent in principal amount of the 
bonds then outstanding, shall (1) by mandamus or other suit, 
action or proceeding at law or in equity enforce the rights of 
the bondholders, (2) bring suit upon the bonds, (3) enjoin any 
acts or other things which may be unlawful or in violation of 
the rights of the bondholders, (4) by notice in writing to the 
commission declare all bonds due and payable, and if all de- 
faults shall be made good, to annul such declaration and its 
consequences, (5) by action or suit in equity, requiring the 
commission to account as if it were trustee of an express trust 
for the stockholders. Such trustee shall be entitled as of 
right to the appointment of a receiver who may to the extent 
that the commission could itself do, enter and take possession 
of the facilities of the commission or any part thereof, the 
revenues or receipts from which are or may be applicable to 
the payment of the bonds so in default, and operate and main- 
tain the same and collect and receive all revenues thereafter 
arising therefrom in the same manner as the commission 
might do, and shall deposit all such moneys in a separate ac- 
count and apply the same in such manner as the court shall 
direct. In any suit, action or proceeding by the trustee, the 
fees, counsel fees and expenses of the trustee and receiver, 
if any, and all costs and disbursements allowed by the court 
shall be a first charge on any revenues and receipts derived 
by the commission, the revenues and receipts from which are 
or may be applicable to the payment of the bonds so in de- 
fault. Said trustee shall in addition to the foregoing have 
and possess all the powers necessary and appropriate for the 



190 Chapter 108 [1935 

exercise of any functions specifically set forth herein or in- 
cident to the general representation of the bondholders in the 
enforcement and protection of their rights. In addition to 
other rights and remedies, any bondholder shall have the right 
by mandamus or other suit, action or proceeding in law or in 
equity to enforce his rights against the commission, includ- 
ing the right to require the commission to carry out any 
agreement or covenant and to perform its duties under this 
act. 

5. Net Revenues. Subject to any agreement with bond- 
holders, all revenue received from the operation of said tram- 
way after deducting the expenses of operation and mainte- 
nance, the expenses of the commission, and the sums necessary 
to provide for the payment of the principal and the interest on 
the bonds of the commission in accordance with the provi- 
sions hereof shall be paid to the state treasurer for the use 
of the state. 

6. Interim Certificates. Prior to the issuance of the 
bonds hereunder the commission may issue interim certifi- 
cates in such manner and with such conditions as the com- 
mission may determine to be exchanged for such bonds when 
issued. 

7. Federal Permit. No sum shall be expended by the com- 
mission unless and until the commission shall have received 
on behalf of the state a license or permit satisfactory to the 
commission from the United States government to construct, 
operate and maintain said tramway and its appurtenances on 
and over the necessary land in the White Mountain National 
Forest. Said license shall be for a period of not less than 
twenty (20) years and shall be without any charge, obliga- 
tion or control by said United States government except as 
herein provided for. The commission shall have authority 
to seek an extension or renewal of such license or permit. 

8. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 5, 1935.] 



1935] Chapter 109 191 

CHAPTER 109. 

AN ACT RELATING TO THE REGISTRATION AND OPERATION OF 
MOTOR VEHICLES BY NON-RESIDENTS. 



Section 

1. Motor vehicles of non-resi- 
dents. 



Section 

2. Non-resident trucks. 

3. Takes effect. 



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

1. Motor Vehicles of Non-residents. Amend section 28, 
chapter 100 of the Public Laws, as amended by section 2, 
chapter 122 of the Laws of 1933 by striking out the words 
"except motor trucks of a registered carrying capacity of more 
than three tons," and inserting in place thereof the following, 
of which the gross weight of load and vehicle does not exceed 
the limit imposed by the laws of this state, so that said sec- 
tion as amended shall read as follows: 28. Zone Privilege. 
A non-resident owner of a motor vehicle, of which the gross 
weight of load and vehicle does not exceed the limit imposed 
by the laws of this state, who has complied with the laws of 
his state relating to registration and licensing of motor ve- 
hicles and who has a bona fide actual residence in a state 
granting like privileges to residents of this state, which resi- 
dence is located within fifteen miles by highway of the border 
line of this state, may operate such vehicle upon any ways 
of this state distant not more than fifteen miles from the 
bordet- line of his state if application for the registration 
thereof is made in accordance with the provisions of section 1 
and the proper fee is paid and the vehicle is registered by 
the commissioner. 

2. Non-resident Trucks. Amend section 29-a, chapter 100 
of the Public Laws, as inserted by section 3, chapter 122 of 
the Laws of 1933, by inserting after the words "on the high- 
ways of this state" the words, except under zone privilege, so 
that said section as amended shall read as follows: 29-a. 
Registration, Special Permit. No motor truck of a regis- 
tered carrying capacity of more than three tons owned by a 
non-resident shall be operated on the highways of this state, 
except under zone privilege, until it has been registered under 
the laws of this state in the same manner as is required of 
like vehicles owned and registered in this state ; provided that 
a non-resident owner may apply to the commissioner for a 
special permit, to operate such motor truck upon the high- 



192 Chapter 110 [1935 

ways of this state, which permit, if granted, shall cover oper- 
ation of such non-resident motor truck in this state for a 
period not to exceed five days from the date of issue or for 
periods of five separate days during one calendar year. A 
special permit granted under the provisions hereof shall not 
be transferable nor shall it be extended beyond the five day 
period. Any such special permit issued by the -commissioner 
shall be in the possession of the operator of such truck at 
all times when such truck is operated on the highways of this 
state. Nothing in this section shall affect such motor trucks 
owned by any public utility company doing business in this 
state when engaged in emergency repair work, provided that 
said motor trucks and the drivers thereof shall be properly 
registered and licensed in this or some other state. 

3. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved June 7, 1935.] 



CHAPTER 110. 

AN ACT RELATING TO THE CLOSING OF HIGHWAY CROSSINGS. 



Section 

1. Hearing relative to closing 

highway crossing. 

2. Advisory group. 

3. Service of orders. 



Section 

4. Damages. 

5. Appeal. 

6. Limitation. 

7. Takes effect. 



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

1. Commission Hearing. Whenever after hearing upon 
petition or upon its own motion the public service commission 
shall be of the opinion that the public safety requires the 
closing of any public or private crossing over a railroad, at 
grade or above or below such railroad it shall order the same 
to be closed or shall make such order as in its opinion the 
public good many require and it shall thereafter be the duty 
of the parties affected to comply therewith. 

2. Advisory Group. At any such hearing involving the 
closing of a public crossing the commissioner of motor ve- 
hicles, the highway commissioner and one representative 
chosen by the selectmen of each town or towns directly served 
by such crossing shall be invited to sit and confer with the 
commission in an advisory capacity in the determination of 
the need for such closing. 



1935] Chapter 111 193 

3. Service of Orders. In the case of a private crossing 
such order shall be served upon the railroad corporation and 
the landowner affected, or the legal representative of the 
same. In the case of public crossings, service shall be made 
upon the railroad corporation, the clerk or clerks of the towns 
directly served by such crossing, and in addition the order 
shall be published in a newspaper having general circulation 
throughout the county where such crossing is located. 

4. Damages. Any landowner, or the legal representative 
of the same, entitled to damages by reason of the closing of 
any private crossing may file a petition with the commission 
for the assessment of the same within thirty days from the 
date of such order, and not otherwise. The commission shall 
set a date and place of hearing, shall give notice to the parties 
that may be affected and shall hear and determine the issues 
raised. Damages, if any, shall be assessed against the rail- 
road corporation or the other interested parties in such pro- 
portion as said commission shall order. 

5. Appeal. Any party aggrieved by the assessment of 
the commission may within sixty days after the report of the 
commission thereon and not afterwards, appeal to the superior 
court in the county where such crossing may be situated, and 
the court shall assess the same by jury and award costs to 
the prevailing party. 

6. Limitation. Nothing in this act shall be construed as 
altering the method of discontinuing highways now provided 
for by law wherein a crossing may be discontinued incidental 
to the closing of a highway. 

7. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved June 7, 1935.] 



CHAPTER 111. 

AN ACT RELATING TO STATE, COUNTY AND MUNICIPAL 



CONTRACTS. 



Section 

1. Definitions. 

2. Preference. 



Section 

3. Exceptions. 

4. Takes effect. 



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

1. Definitions. When used in this act: 

I. State, county or municipal agency shall mean any 



194 Chapter 112 [1935 

board, commission, department, officer, agency or agent of the 
state or of any county, city, town or political division thereof 
charged with the duty of making contracts therefor. 

II. Contract shall mean any contract for the construc- 
tion, maintenance, repair or demolition of any road, bridge, 
building, public work, project, or any portion of the same, 
wherein federal funds are not used in whole or in part. 

III. Contractor shall include any person, firm, associa- 
tion or corporation. 

2. Preference. It shall be a condition of every such con- 
tract whether expressly set forth therein or not that all of 
the unskilled laborers employed throughout the performance 
thereof shall be bona fide residents of the state. 

3. Exceptions. Whenever the authority letting such con- 
tracts shall determine that there is not available a sufficient 
number of unskilled laborers suitable for the work, said 
authority may modify the employment conditions of the con- 
tract so that the work on the same may proceed without in- 
terruption. 

4. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved June 7, 1935.] 



CHAPTER 112. 

AN ACT TO RATIFY AN INTERSTATE COMPACT FOR ESTABLISHING 

UNIFORM STANDARDS FOR CONDITIONS OF EMPLOYMENT, 

PARTICULARLY WITH REGARD TO THE MINIMUM 

WAGE IN STATES RATIFYING THE SAME, AND 

PROVIDING FOR A COMMISSION TO 

FURTHER ITS POLICIES. 



Section 

1. Ratification of compact. 

2. Notification. 

3. Commission created. 

4. Chairman. 

5. Duties of commission. 



Section 

6. Compensation. 

7. Interstate commission 

penses. 

8. Reports. 

9. Takes effect. 



Whereas His Excellency, the Governor of the State of 
New Hampshire, acting in accordance with the agreement 
made by the governors and representatives of the governors 
of the states of Maine, New Hampshire, Vermont, Massachu- 
setts, Rhode Island, and Connecticut in Boston on October 10, 
1933, appointed a temporary commission on interstate com- 
pacts affecting labor and industry to negotiate with similar 



1935] Chapter 112 195 

commissions in other states to secure greater uniformity and 
more adequate standards of labor legislation among the sev- 
eral states; and 

Whereas said commission in conference with commissions 
and delegates appointed for the same purpose by the states 
of Maine, Rhode Island, Connecticut and New York and the 
commonwealths of Massachusetts and Pennsylvania has 
agreed upon and signed a compact for establishing uniform 
standards for conditions of employment, particularly with 
regard to the minimum wage, in states ratifying the same; 
and 

Whereas the said compact is recommended by said com- 
mission to the legislature of the state of New Hampshire for 
ratification; and 

Whereas the state of New Hampshire has enacted chapter 
87 of the Laws of 1933 providing for minimum wage for 
women and minors in conformity with the standards pre- 
scribed by the compact aforesaid ; and 

Whereas said compact provides for the creation of a con- 
tinuing commission on interstate compacts affecting labor and 
industry; now therefore 

Be it enacted by the Senate and House of Representatives in 
Genei^al Court convened: 

1. Ratification of Compact. The compact entitled "Com- 
pact for Establishing Uniform Standards for Conditions of 
Employment, Particularly with Regard to the Minimum Wage 
in States Ratifying the Same" signed by the commissioners 
and delegates from the states of Maine, New Hampshire, 
Rhode Island, Connecticut, and the commonwealths of Massa- 
chusetts and Pennsylvania at Concord, New Hampshire on 
the twenty-ninth day of May, 1934, and deposited in the 
archives of the Department of State of the United States of 
America at Washington, D. C, is hereby ratified and approved 
by and on the part of the state of New Hampshire. 

2. Notification. The governor shall forthwith give notice 
of this act of ratification to the President of the United 
States, the Secretary of State, the Secretary of the Depart- 
ment of Labor and to the governors and secretaries of each of 
the aforementioned signatory states. 

3. Commission Created. There shall be and hereby is 
created a Commission on Interstate Compacts Affecting Labor 



196 Chapter 112 [1935 

and Industry to consist of five members who shall be ap- 
pointed and may for cause be removed by the governor with 
the advice and consent of the council. One member shall be 
appointed from the senate and one from the house of repre- 
sentatives to serve until February 1, 1937; their successors 
shall be appointed for a term of two years. The remaining 
members shall be appointed to represent labor, industry and 
the public to hold office for terms expiring on the first day of 
February in the years 1938, 1939 and 1940, the respective 
terms to be designated in the appointment; their successors 
shall be appointed for a term of five years. Vacancies shall 
be filled for the unexpired term. 

4. Chairman. The chairman of the commission shall be 
designated by the governor and shall be the representative 
of the state on the interstate commission composed of the rep- 
resentatives so designated by the several state parties to said 
compact as therein provided by section 2 of title 2. 

5. Duties of Commission. As occasion may require the 
commission shall meet with and deal with similarly consti- 
tuted agencies of the other ratifying states concerning ques- 
tions arising under said compact and under such laws as may 
deal with policies and provisions covered by said compact. 

6. Compensation. Members of the commission shall serve 
without pay but shall be reimbursed for their actual expenses 
incurred in the performance of their official duties to be 
allowed by the governor and council out of funds in the treas- 
ury not otherwise appropriated. 

7. Interstate Commission Expenses. Such sum as shall 
represent the state's proportionate share of the expenses of 
the interstate commission as provided by section 2 of title 2 
of said compact, shall be paid by the treasurer out of funds 
in the treasury not otherwise appropriated as the governor 
and council may from time to time direct. 

8. Reports. The commission shall annually make a de- 
tailed report to the governor and council concerning the oper- 
ation and administration of said compact and of the laws of 
this state dealing with policies and provisions covered by said 
compact. Copies of said report shall be sent to the gover- 
nors of the several ratifying states to said interstate commis- 
sion and to the agency or agencies of the several ratifying 
states charged with the administration and operation of said 



1935] 



Chapter 113 



197 



compact and laws dealing with the policies and provisions cov- 
ered by said compact. 

9. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 12, 1935] 



CHAPTER 113. 

AN ACT IN RELATION TO EMERGENCY PUBLIC WORKS. 



9. 
10. 



11. 



12. 



13. 

14. 



16. 
17. 

18. 

19. 

20. 

21. 
22. 
23. 

24. 
25. 



26. 

27. 
28. 
29. 

30. 



provisions. 

Interim certificates. 

Debt limit. 

Remedies of any holder or 
holders of bonds. 

Additional remedies con- 
ferred by resolution. 

Authorization and issuance 
of bonds by districts. 

Appropriation. 

Effect of recitals in bonds. 

Contracts, rules and regula- 
tions. 

Delivery of bonds. 

Approval where necessary 
by state official not af- 
fected. 

Purpose of act. 

Supplemental nature of act. 

Separability of provisions. 

Termination of power to 
issue bonds. 

Takes effect. 



Section Section 

1. Title of act. 15. Bond 

2. Definitions. 

3. Powers of municipalities. 

4. Authorization of a public 

works project and bonds 
by a town. 

5. Warning town meeting. 

6. Petition for meeting. 

7. Posting warning. 

8. Return. 

Conduct of meetings. 

Authorization of construc- 
tion of public works proj- 
ect and bonds by a city. 

Authorization of construc- 
tion of public works proj- 
ect and issue of bonds at 
municipal meeting. 

When election to authorize 
construction of public 
works project or bonds. 

Power to secure bonds pay- 
able from revenues. 

Mortgage of public works 
prohibited. 

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

1. Title of Act. This act may be cited as The Emergency 
Public Works Act of 1935. 

2. Definitions. The following terms wherever used or re- 
ferred to in this act shall have the following meaning unless 
a different meaning appears from the context: 

I. The term "municipality" shall mean a town or city. 

II. The term "governing body" shall mean for towns the 
selectmen, and for cities the city councils or other similar body 
of officials. 

III. The term "law" shall mean any act or statute, gen- 
eral, special or local, of this state, including, without being 
Hmited to, the charter of any municipality. 

IV. The term "bonds" shall mean bonds, notes, or in- 



198 Chapter 113 [1935 

terim certificates of a municipality issued by its governing 
body pursuant to this act, or pursuant to any other law, as 
supplemented by, or in conjunction with this act. 

V. The term ''public works project" shall mean any 
work, undertaking or project not prohibited by the constitu- 
tion of the state of New Hampshire, and shall include but 
shall not be limited to any one or more of any combination of 
the following: Abattoirs; airports; auditoriums; bridges, 
tunnels and viaducts; town and city halls; bulkheads, jetties, 
harbors and harbor structures; community houses; court 
houses, dams, docks, piers and wharfs; gas or electric heat, 
light and/or power plants, and systems for the distribution 
thereof; hospitals, sanitaria, dispensaries, almshouses, jails, 
workhouses and reformatories ; libraries ; markets ; memorials ; 
museums and art galleries ; parks, playgrounds, and recreation 
centers ; golf courses and buildings in connection therewith ; 
public buildings and plazas ; reservoirs, water-works and water 
distribution systems ; schools (where the municipality does not 
constitute an independent school district) ; sewers, sewage 
or drainage systems and sewage disposal or treatment plants ; 
stadiums; streets, roads, avenues, alleys and highways; side- 
walks, curbs, gutters and storm water sewers or drains; 
swimming pools; and all property, real and personal, ap- 
purtenant thereto or connected with such work, undertaking 
or project and the existing work, undertaking or project, if 
any, to which such work, undertaking or project is an exten- 
sion, addition, betterment, or improvement. 

VI. The term "to construct" shall mean to build, to con- 
struct, to reconstruct, to erect, to replace, to extend, to repair, 
to better, to equip, to develop, to embellish, to improve, to 
acquire by gift, purchase, or the exercise of the right of emi- 
nent domain, or any one or more or all of the foregoing. 

VII. The term "construction" shall mean building, con- 
struction, reconstruction" erection, replacement, extension, 
repairing, betterment, equipment, development, embellish- 
ment, improvement, acquisition by gift, purchase, or the ex- 
ercise of the right of eminent domain, or any one or more or 
all of the foregoing. 

VIII. The term "recovery act" shall mean the National 
Industrial Recovery Act being the act of the Congress of the 
United States of America, approved June sixteenth, nineteen 
hundred and thirty-three, entitled, "An Act to encourage na- 



1935] Chapter 113 199 

tional industrial recovery, to foster fair competition, and to 
provide for the construction of certain useful public works, 
and for other purposes," and any acts amendatory thereof, 
and any acts supplemental thereto, and revisions thereof, and 
any further acts or joint resolutions of the Congress of the 
United States of America to reduce and relieve unemploy- 
ment. 

IX. The term "federal agency" shall include the United 
States of America, the President of the United States of 
America, the Federal Emergency Administrator of Public 
Works, Reconstruction Finance Corporation, or any agency, 
instrumentality or corporation of the United States of Amer- 
ica, which has heretofore been or may hereafter be designated, 
created or authorized by or pursuant to any act or joint reso- 
lution of the Congress of the United States of America, to 
make loans or grants or both. 

X. The term "contract" or "agreement" between a fed- 
eral agency and a municipality shall include contracts and 
agreements in the customary form and shall also be deemed 
to include an allotment, resolution, unilateral promise or other 
commitment by a federal agency by which it shall undertake 
to make a loan or grant or both upon performance of specified 
conditions or compliance with rules and regulations thereto- 
fore promulgated, prescribed or published by a federal agency. 
In the case of such an allotment, resolution, unilateral promise 
or other commitment by a federal agency, the terms, condi- 
tions and restrictions therein set forth and the rules and reg- 
ulations theretofore promulgated, prescribed or published 
shall, for the purpose of this act, be deemed to constitute 
covenants of such a contract that are to be performed by the 
municipality, if the municipality accepts any money from 
such federal agency. 

XI. The term "resolution" shall mean any motion, vote, 
resolve, resolution, order or ordinance. 

3. Powers of Municipalities. Every municipality shall 
have power and is hereby authorized: 

I. To construct, operate and maintain any public works 
project, within or without the municipality, or partially with- 
in and partially without the municipality, for the benefit or 
use of persons within or without the municipality. 

II. To accept from any federal agency grants for or in 
aid of the construction of any public works project. 



200 Chapter 113 [1935 

III. To contract debts for the construction of any public 
works project, to borrow money, and to issue its bonds to 
finance such construction, and to provide for the rights of 
the holders of the bonds and to secure the bonds as herein- 
after provided. 

IV. To assess, levy and collect ad valorem taxes without 
limit as to rate or amount of all property subject to taxation 
to pay the bonds, and the interest thereon, issued to finance 
any public works project. 

V. To fix, levy and collect fees, rents, tolls, or other 
charges for the use of or in connection with any public works 
project, and, in the event any agreements with holders of 
bonds shall be made as hereinafter provided, to fix, levy, and 
collect such fees, rents, tolls, and other charges in accordance 
with such agreements and subject thereto. 

VI. To acquire by purchase, gift or the exercise of the 
power of eminent domain in any manner provided by law, and 
to hold and dispose of any property, real or personal, tangible 
or intangible, or any right or interest in any such property, 
in connection with any public works project, whether subject 
to mortgages, liens, charges or other encumbrances, or other- 
wise. 

VII. To make contracts and execute instruments con- 
taining such terms, provisions and conditions as in the dis- 
cretion of the governing body of the municipality may be 
necessary, proper or advisable for the purpose of obtaining 
grants, loans or other financial assistance from any federal 
agency pursuant to or by virtue of the recovery act; to make 
all other contracts and execute all other instruments neces- 
sary, proper or advisable in or for the furtherance of any pub- 
lic works project; and to carry out and perform the terms and 
conditions of all such contracts or instruments. 

VIII. To enter on any lands, waters and premises for the 
purpose of making surveys, soundings and examinations in 
or for the furtherance of any public works project. 

IX. To do all acts and things necessary or convenient to 
carry out the powers conferred by this act. 

4. Authorization of a Public Works Project and Bonds by 
a Town. The construction of a public works project and the 
issue of bonds for the purpose of financing the cost thereof 
by a town shall be authorized by a vote of two thirds of the 
qualified voters of such town present and voting on the ques- 



1935] Chapter 113 201 

tion at a meeting of such town called for such purpose. Noth- 
ing in this section shall be construed to prevent action at such 
meeting upon any other lawful matter, the subject of which 
has been duly set forth in the warning calling such meeting. 

5. Warning. The warning for any meeting held under 
section 4 shall be under the hands of the governing body and 
shall prescribe the place, day and hour of the meeting. The 
subject matter of all business to be there acted upon shall be 
stated in the warning, shall state whether the issue of bonds 
to be authorized shall be payable (a) exclusively from funds 
to be raised by taxation or (b) exclusively from the revenues 
of the public works project to be constructed or (c) from 
funds to be raised by taxation and additionally secured by a 
pledge of revenues of the public works project or (d) from 
revenues of the public works project and in the event of a 
deficiency in such revenues from funds to be raised by tax- 
ation; and nothing done at any meeting shall be valid unless 
the subject thereof is so stated. 

6. Petition for Meeting. The governing body of a town 
shall upon the written application of ten or more voters issue 
a warning for a meeting for the purpose of authorizing the con- 
struction of a public works project, the making of an appro- 
priation therefor, and the issuance of bonds to finance such 
construction. 

7. Posting. Such governing body shall address their 
warning to the inhabitants of the municipahty qualified to 
vote in municipal affairs and shall post or cause to be posted 
a written or printed, copy of such warning at the place of meet- 
ing and like copies of such warning at each of two other pub- 
lic places in such municipality at least seven days previous to 
holding the meeting including the day that the warning is 
first posted but not including the day of holding such meeting. 
The governing body shall on or before the day of such meeting 
cause a copy of such warning to be left with the clerk of the 
municipality who shall record the same. Said method of 
posting the warning shall be valid despite any by-law, rule, 
vote or ordinance of the municipality directing any other 
manner or method of posting, and notwithstanding any other 
law. 

8. Return. The governing body serving such warning 
shall make return of the same in writing to the clerk of the 
municipality showing the notice given of such warning and 



202 Chapter 113 [1935 

such return shall be kept on file and be recorded at length with 
the warning and doings of such meeting. 

9. Conduct of Meetings. All meetings of municipalities 
under this act shall be conducted and proceeded with in the 
same manner as meetings are now conducted under any law 
governing such municipality unless otherwise in conflict with 
this act. A vote taken on the resolution authorizing an ap- 
propriation and the issuance of bonds shall be taken by ayes 
and nays, and the total number of ayes and total number of 
nays shall be recorded in the records of the meeting. 

10. Authorization of Construction of Public Works Project 
and Bonds by a City. The construction of a public works 
project and the issue of bonds therefor by a city shall be 
authorized by resolution of the governing body at any regu- 
lar or special meeting of such body called for that purpose, 
passed by at least a majority of all the members elected to 
each branch thereof and then in office, taken by ayes and 
nays and approved in writing by the mayor. Such resolution 
may be passed through all its stages of legislation at one ses- 
sion of the governing body, notwithstanding the provisions of 
any law. Any provisions of law requiring publication of such 
resolution and/or requiring the approval of the qualified vo- 
ters of such city to the authorization of such issue of bonds 
or to the construction of a public works project shall not 
apply. Except as provided in this act, such resolution shall 
not be the subject of any election, vote at a meeting or refer- 
endum of the qualified voters of such municipality. In any 
city having an officer or board or commission with the power 
to veto any act of the governing body, if such officer or board 
or commission does not approve such resolution within a period 
of two days after the same shall have been passed by the 
governing body, such resolution shall be in full force and ef- 
fect, but if within such period of two days such officer or 
board or commission vetoes such resolution and returns the 
same to the clerk of the city with reasons for such veto, said 
resolution may be acted upon at any subsequent meeting of 
the governing body and if at that time is passed by a two- 
thirds vote of all the members elected to the governing body 
and then in office, such resolution shall be in full force and 
effect in accordance with the provisions of this act. 

11. Authorization of Construction of Public Works Project 
and Issue of Bonds at Municipal Meeting. Any public works 



1935] Chapter 113 208 

project may be authorized to be constructed and bonds may 
be authorized to be issued by any municipality pursuant to 
the provisions of this act by a vote of two thirds of the quali- 
fied voters of such municipality present and voting on the 
proposition at any meeting of such voters of such municipality, 
duly warned for such purpose and held under the provisions 
of any existing law. 

12. When Election to Authorize Construction of Public 
Works Project or Bonds. If within fifteen days of the pas- 
sage of a resolution authorizing the construction of a public 
works project or the issuance of bonds therefor under the 
provisions of this act by the governing body of a city, where 
the approval of the qualified voters of such city to the con- 
struction of a public works project or to an issuance of bonds 
is required under existing law, a petition signed by twenty 
per cent of the qualified voters of such municipality shall have 
been filed with the clerk of such city protesting the construc- 
tion of such public works project or the issuance of such 
bonds, then said public works project shall not be constructed 
nor shall any bonds be issued under this act without the as- 
sent of three fifths of the qualified voters therein voting up- 
on a proposition for the construction of such public works 
project or the issuance of such bonds, at an election or meeting 
duly called for such purpose under the provision of any law. 

13. Power to Secure Bonds Payable from Revenues. 
Whenever any municipality shall have authorized or voted 
to construct a public works project payable exclusively from, 
or additionally secured by, or in the first instance from, the 
revenues of the project, the governing body, in order to se- 
cure the payment of principal of and interest on bonds for 
said project, shall have power at or before the issuance of 
such bonds: 

I. To pledge all or any part of the fees, rents, tolls, or 
other charges received or receivable by the municipality 
from any public works project then existing or thereafter to 
be constructed to the punctual payment of bonds issued for 
such public works project, and interest thereon, and to cove- 
nant against thereafter pledging any such fees, rents, tolls, 
or charges to any other bonds or any other obligations of the 
municipality for any other purpose. 

II. To covenant as to the fees, rents or tolls to be 
charged in connection with the public works project for which 



204 Chapter 113 [1935 

such bonds are to be issued and as to the use and disposition 
to be made thereof. 

III. To covenant as to its books of account and as to 
the inspection and audit thereof and as to the accounting 
methods in connection with the public works project. 

IV. To covenant to set aside or pay over reserves and 
sinking funds for such bonds and as to the disposition thereof. 

V. To covenant as to the rights, liabilities, powers and 
duties arising upon the breach by it of any covenant, condition, 
or obligation. 

VI. To vest in a trustee or trustees the right to en- 
force any covenant made to secure or to pay such bonds, to 
provide for the powers and duties of such trustee or trustees, 
to limit liabilities thereof and to provide the terms and condi- 
tions upon which the trustee or trustees or the holders of 
bonds or any proportion of them may enforce any such cove- 
nant. 

VII. To make such covenants and do any and all such 
acts and things as may be necessary or convenient or desir- 
able in order to secure its bonds, or in the absolute discretion 
of the governing body of the municipality, tend to make the 
bonds more marketable, notwithstanding that such covenants, 
acts or things may not be enumerated herein. 

14. Mortgage of Public Works Project Prohibited. No 
municipality shall mortgage any public works project or any 
part thereof. Nothing in this section shall be construed to 
limit in any way the power of a municipality to pledge fees, 
rents, tolls, or other charges in accordance with the provisions 
of this act. 

15. Bond Provisions. The bonds may be issued in one or 
more series, may bear such date or dates, may mature at such 
time or times, not exceeding forty years from their respective 
dates, may bear interest at such rate or rates, not exceeding 
five per cent per annum, payable semi-annually, may be in such 
denomination or denominations, may be in such form, either 
coupon or registered, may carry such registration and conver- 
sion privileges, may be payable in such medium of payment, 
at such place or places, may be subject to such terms of re- 
demption, with or without premium, and may be declared or 
become due before the maturity date thereof, as may be pro- 
vided by resolution or resolutions of the governing body of 
the municipality. Bonds issued under this act by a town 



1935] Chapter 113 205 

shall be signed by the governing body or a majority thereof 
and countersigned by the treasurer, and the coupons, if any, 
attached thereto may bear the facsimile signature of the 
treasurer. The seal of the municipality shall be impressed 
upon each of such bonds. Bonds issued under this act bear- 
ing the signatures of officers in office on the date of signing 
thereof shall be valid and binding obligations, notwithstand- 
ing that before delivery thereof, any or all of the persons 
whose signatures appear thereon shall have ceased to be offi- 
cers of the municipality issuing the same. The bonds may 
be sold at public or private sale in such blocks and for such 
price or prices as the governing body shall by resolution de- 
termine, provided that the bonds shall not be sold for less 
than par. The bonds may be purchased by the municipality 
at a price not more than the principal amount thereof plus 
the accrued interest, and all bonds so purchased shall be can- 
celled. The bonds shall be fully negotiable within the mean- 
ing of and for all the purposes of chapter 312 of the Public 
Laws. 

16. Interim Certificates. Pending the preparation, execu- 
tion or delivery of the definitive bonds for the purpose of 
financing the construction of a public works project, interim 
certificates or other temporary obligations may be issued by 
the municipality to the purchaser of such bonds. Such in- 
terim certificates or other temporary obligations shall be in 
such form and contain such terms, conditions and provisions 
as the governing body of the municipality issuing the same 
may determine. 

17. Debt Limit. No indebtedness shall be incurred by any 
municipality or district under this act in excess of the limit 
of indebtedness set forth in section 7 of chapter 59 of the 
Public Laws except in the manner provided for by section 4 
of chapter 162 of the Laws of 1933; provided, however, that 
bonds issued under the provisions of this act by any munici- 
pality or district to finance the construction of any public 
works project which are solely payable from the revenue de- 
rived from the operation of said project may be issued without 
regard to any limitation or restriction on the amount or per- 
centage of indebtedness or of outstanding obligations of such 
municipality or district imposed by any law. 

18. Remedies of Any Holder or Holders of Bonds. Any 
holder or holders of the bonds, including a trustee or trustees 



206 Chapter 113 [1935 

for holders of such bonds, shall have the right, in addition to 
all other rights : 

I. To bring suit upon the bonds. 

II. By mandamus or other suit, action or proceeding in 
the superior court of the county wherein such municipality is 
situated to enforce his or their rights against the munici- 
pality, and the governing body of the municipality and any 
officer, agent or employee of the municipality to assess, levy 
and collect taxes, and to fix and collect fees, rents, tolls, or 
other charges adequate to carry out any agreement as to, or 
pledge of, such taxes, fees, rents, tolls, or other charges and 
to require the municipality and the governing body of the 
municipality and any officer, agent or employee of the munici- 
pality to carry out any other covenants and agreements and 
to perform its and their duties under this act. 

III. By suit, action or proceeding to enjoin any acts or 
things which may be unlawful or a violation of the rights of 
such holders of bonds. 

19. Additional Remedies Conferred by Resolution. Any 
municipality shall have power by resolution of its governing 
body adopted prior to the issuance of such bonds to confer 
upon holders of a specified percentage of bonds, but not in any 
event less than twenty-five per cent in amount of such bonds, 
payable exclusively from the revenues of a public works proj- 
ect, including a trustee or trustees for such holders, the right, 
in addition to all other rights, should there occur a default in 
the payment of principal or interest on the bonds, when the 
same shall be due, which default shall continue for a period 
in excess of sixty days. 

I. By suit, action or proceeding in the superior court of 
the county wherein such municipality is situated to obtain 
the appointment of a receiver of any public works project of 
the municipality or any part or parts thereof. If such re- 
ceiver be appointed he may enter and take possession of such 
public works project or any part or parts thereof and operate 
and maintain same, and fix, collect and receive all fees, rents, 
tolls, or other charges thereafter arising therefrom in the 
same manner as the municipality itself might do and shall dis- 
pose of such moneys in a separate account or accounts and 
apply the same in accordance with the obligations of the 
municipality as the court shall direct. 

II. By suit, action or proceeding in the superior court 



1935] Chapter 113 207 

of the county wherein such municipality is situated to require 
the governing body of the municipality to account as if it were 
the trustee of an express trust. 

20. Authorization and Issuance of Bonds by Districts. 

Bonds may be authorized under the provisions of this act by 
a vote of three fifths of the voters of a school district or vil- 
lage district present and voting at any meeting of any such 
district duly warned for such purpose and held under the 
provisions of this act or any other law, for any work, project 
or undertaking which such school or village district is author- 
ized or required by law to undertake. Such meeting may be 
warned by the school board of a school district or the com- 
missioners of the village district in the manner provided in 
this act for warning a town meeting and the return of such 
warning shall be made by such board or commissioners in the 
same manner as is provided in this act for making the return 
of a warning for a town meeting. Bonds when authorized by 
a school district or village district under the provisions of this 
act may contain such provisions as are provided for in this act 
for bonds of a town, and the holders of such bonds shall have 
such rights as are provided by this act for the holders of bonds 
of a town. Any school district and any village district shall 
have the same powers to enter into contracts and agreements 
with any federal agency as are conferred upon towns and 
cities by this act. The school board of a school district and 
the commissioners of a village district are empowered to exer- 
cise, jointly with another district or jointly with a munici- 
pality, any powers a district may exercise by itself under any 
law, and may exercise the same powers as are given to the 
governing body of a town in respect to bonds issued under 
this act. Nothing in this section contained shall be construed 
to authorize the issuance of bonds for any work, project or 
improvement by any school district or village district unless 
such school district or village district is authorized to under- 
take such work, project or improvement under any other law 
heretofore or hereafter enacted. 

21. Appropriation. The authorization of an issue of bonds 
by any municipality or district to finance the cost of construct- 
ing any public works project shall be deemed to include an ap- 
propriation for the construction of such public works project 
of an amount equal to the amount of bonds authorized to be 



208 Chapter 113 [1935 

issued plus any cash grant which may be received from any 
federal agency. 

22. Efifect of Recitals in Bonds. Any resolution authoriz- 
ing the issuance of bonds pursuant to this act may provide 
that the bonds shall contain a recital that such bonds are 
issued pursuant to this act, which recital shall be conclusive 
evidence of their validity and of the regularity of their issu- 
ance. 

23. Contracts, Rules and Regulations. Notwithstanding 
the provisions of any other law (a) any contract for the con- 
struction of any public works project or any part thereof may 
be awarded by any municipality or school district or village 
district upon any day at least fifteen days after one publica- 
tion of a notice requesting bids upon such contract in a news- 
paper published in such municipality, or school district or 
village district (as the case may be) or if there be no news- 
paper published in such municipality then in a newspaper pub- 
lished in the county in which such municipality, or school dis- 
trict or village district is located and circulating in such 
municipality, or school district or village district; and (b) it 
shall be lawful for any municipality, or school district or vil- 
lage district to comply with the recovery act and with any 
rules and regulations made by any federal agency or any 
agreement with any federal agency with respect to any grants 
or loans, or both, from any federal agency, or with respect 
to the construction of any public works project; and (c) any 
municipality, or school district or village district may perform 
any acts authorized under this act through or by means of 
its own officers, agents, or employees, or otherwise than by 
contract or contracts with private corporations, firms or in- 
dividuals. 

24. Delivery of Bonds. No bonds shall be delivered by any 
municipality, or school district or village district to any pur- 
chaser pursuant to this act, unless a federal agency has prior 
to such delivery made an allotment of funds or made or en- 
tered into an agreement to make a loan or grant, or both, to 
aid in financing the construction of the public works project 
for which such bonds have been authorized, or unless a fed- 
eral agency has included such public works project in any 
comprehensive program of public works or as a part of any 
works relief program. 



1935] Chapter 113 209 

25. Approval Where Necessary by State Official Not Af- 
fected. The provisions of this act shall not operate to dis- 
pense with the approval of a public works project by a state 
department, board, officer or commission where such approval 
under existing law must be obtained. 

26. Purpose of Act. It is the purpose of this act to enable 
municipalities and school districts and village districts to se- 
cure the benefits of the recovery act, to encourage public 
works, to reduce unemployment and thereby to assist in the 
national recovery and promote the public welfare, and to 
these ends every municipality and district shall have power 
to do all things necessary or convenient to carry out said pur- 
pose in addition to the powers conferred in this act. This 
act is remedial in nature and the powers hereby granted shall 
be liberally construed. 

27. Supplemental Nature of Act. The powers conferred 
by this act shall be in addition and supplemental to, and the 
limitations imposed by this act shall not affect, the powers 
conferred by any other law. Bonds may be issued hereunder 
for any public works project notwithstanding that any other 
law may provide for the issuance of bonds for like purposes 
and without regard to the requirements, restrictions or pro- 
cedural provisions contained in any other law. So far as the 
provisions of this act are inconsistent with the provisions of 
any other law, the provisions of this act shall be controlling. 
Any proceeding heretofore taken by any municipality, or 
school district or village district relating to the subject mat- 
ters of this act, whether or not commenced under any other 
law, may be continued under this act, or, at the option of the 
governing body, may be discontinued and new proceedings in- 
stituted under this act. 

28. Separability of Provisions. If any provision of this 
act, or the application of such provision to any person, body, 
or circumstance shall be held invalid, the remainder of this 
act, or the application of such provision to persons, bodies, or 
circumstances other than those as to which it shall have been 
held invalid, shall not be affected thereby. 

29. Termination of Power to Issue Bonds. Except in pur- 
suance of any contract or agreement theretofore entered into 
by and between any municipality, or school district or village 
district and any federal agency, no municipality, or school dis- 
trict or village district shall borrow any money or deliver any 



210 Chapter 114 [1935 

bonds pursuant to the provisions of this act after June 30, 
1937. 

30. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 12, 1935.] 



CHAPTER 114. 

AN ACT RELATIVE TO THE OPERATION OF A TOLL ROAD AS A 

PUBLIC UTILITY. 

Section I Section 

1. Toll roads as public utility. | 2. Takes effect. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Toll Roads. Amend section 4 of chapter 236 of the 
Public Laws relating to railroads and public utilities by in- 
serting after the words "toll bridge" in said section the words, 
or toll road, so that said section as amended shall read as fol- 
lows: 4. Public Utility. The term public utility shall in- 
clude every corporation, company, association, joint stock as- 
sociation, partnership and person, their lessees, trustees or^ 
receivers appointed by any court, except municipal corpora- 
tions, owning, operating or managing any plant or equipment 
or any part of the same for the conveyance of telephone or 
telegraph messages or for the manufacture or furnishing of 
light, heat, power or water for the public, or in the genera- 
tion, transmission or sale of electricity ultimately sold to the 
public, or owning or operating any toll bridge or toll road, or 
owning or operating any steam or other power boat engaged 
in the common carriage of passengers or freight. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 12, 1935.] 



1935] Chapter 115 211 

CHAPTER 115. 

AN ACT RELATING TO THE PUBLIC SERVICE COMMISSION. 



Section 

3. Authority transferred. 

4. Enforcement of aviation 

laws. 

5. Takes effect. 



Section 

1. Public service commission 

powers as to expendi- 
tures. 

2. Boat inspections. 
2-a. Repeal. 

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

1. Amendment. Amend chapter 237 of the Public Laws 
by striking out sections 11, 12, 13 and 26, and inserting in 
place thereof the following: 11. Expenditures. In the ex- 
ercise of the authority and performance of the duties pre- 
scribed by law, the commission shall have the authority, with 
the approval of the governor and council and within the limits 
of the appropriation for such purpose, to employ and fix the 
compensation of such regular staff, including experts, as it 
shall deem necessary. Should emergency require, it may in 
addition to the sums appropriated for its use by the legisla- 
ture expend such further sums as the governor and council 
may approve, such further sums to be paid out of any money 
in the treasury not otherwise appropriated. 13. Documents. 
Any record, order, certificate or other process, document or 
paper, issued or made by the commission may be signed by 
such member or members of the staff as the commission may 
authorize for such purpose. 26. Conferences. The com- 
mission may confer and co-operate with any other state, fed- 
eral or local agency in any matter relating to its duties. 

2. Boat Inspections. Amend chapter 151 of the Public 
Laws by striking out section 1, as amended by chapter 93 of 
the Laws of 1931, and section 2 and inserting in place thereof 
the following two sections: 1. Inspections. In the interest 
of public safety and the protection of property it shall be the 
duty of the public service commission in all cases not pro- 
vided for by the United States inspection laws or wherein in- 
spections are not regularly made thereunder to provide for the 
inspection of all boats propelled by power and all ferries, how- 
ever propelled, and the machinery, appliances and equipment 
thereof, kept for hire or operated as common carriers for the 
transportation of passengers and/or freight on any public 
water in this state. 2. Additional Duties. Such member 
or members of the staff of the commission as shall be assigned 



212 Chapter 116 [1935 

to the duties prescribed in the previous section shall, under 
the direction of the commission, assist in the enforcement 
of the laws and the rules and regulations prescribed by the 
commission governing the inspection and licensing of boats 
and the operation and equipment thereof, and the classifica- 
tion, examination, and certification of captains, masters, engi- 
neers, and pilots of all such boats, and also the enforcement 
of the law relative to the construction and use of under-water 
exhausts or other muffling devices on such boats; and in the 
enforcement thereof each of them shall have all the powers 
of a deputy sheriff in any county of the state. 

2-a. Repeal. Section 3 of chapter 151 of the Public Laws 
and section 4 of said chapter as amended by chapter 111 of 
the Laws of 1931 relative to the inspector of boats and as- 
sistant inspectors of boats are hereby repealed. 

3. Authority Transferred. All the rights, powers, duties 
and functions heretofore exercised and assumed by the inspec- 
tor and/or assistant inspector of boats shall be transferred 
to, assumed and exercised by such member or members of the 
staff of the commission as it shall from time to time desig- 
nate for that purpose. 

4. Amendment. Amend section 3 of chapter 182 of the 
Laws of 1929 by striking out the second sentence thereof, so 
that said section as amended shall read as follows: 3. En- 
forcement. It shall be the duty of the public service com- 
mission to enforce the provisions of this act. 

5. Takes Effect. All acts or parts thereof inconsistent 
with this act are repealed, and this act shall take effect upon 
its passage. 

[Approved June 12, 1935.] 



CHAPTER 116. 

AN ACT RELATING TO LIGHTS AND PARKING OF MOTOR VEHICLES. 



Section 

3. Takes effect. 



Section 

1. Motor vehicle lights. 

2. Parking lights, oil-burning 

lights and flares. 

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

1. Motor Vehicles. Amend chapter 103 of the Public 
Laws by adding after section 7 the following new section: 



1935] Chapter 117 213 

7-a. Display of Lights. Lights as provided in sections 5, 6 
and 7 shall be displayed whenever rain, snow or fog shall in- 
terfere with proper view of the road. 

2. Lights. Amend chapter 103 of the Public Laws by add- 
ing after section 16-a, as inserted by chapter 76 of the Laws 
of 1927, the following new sections: 16-b. Parking Lights. 
Parking lights shall be displayed by all motor vehicles parked 
wholly or partially on a public highway, from one-half hour 
after sunset to one-half hour before sunrise, and at other times 
whenever rain, snow or fog shall interfere with clear vision; 
unless said vehicles are plainly visible because of street or 
other lights. 16-c. Oil-Burning Lights and Flares. Every 
truck, bus or tractor when operated outside of the lighted area 
of towns or cities, except when stopping momentarily, under 
conditions as described in section 16-b, must in addition place 
one oil-burning light or flare one hundred feet in front and 
another one hundred feet in the rear of such vehicle. And 
all such vehicles shall when operated outside of the lighted 
area of towns or cities be required to carry oil-burning lights 
or flares of a type to be approved by the commissioner of mo- 
tor vehicles. 

3. Takes Effect. This act shall take effect sixty days af- 
ter its passage. 

[Approved June 12, 1935.] 



CHAPTER 117. 

AN ACT RELATIVE TO REGULATION OF HIGHWAYS AND THE 
CONTROL OF TRAFFIC BY SIGNALS OR OTHER DEVICES. 



Section 

4. RepeaL 

5. Repeal. 

6. Conflicting laws. 

7. Takes effect. 



Section 

1. Reg^ulation of trunk lines 

and state-aided highways. 

2. Powers of city councils as to 

traffic devices and signals. 

3. Powers of selectmen as to 

regulation of highways. 

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

1. Trunk Lines and State-Aided Highways. Amend sec- 
tions 5, 6, and 7 of chapter 91, of the Public Laws by striking 
out the said sections and inserting in place thereof the fol- 
lowing sections: 5. Regulation. The state highway com- 
missioner may make rules and regulations, seasonal or other- 
wise, to prevent the abuse of and to regulate the use of trunk 



/^ 



214 Chapter 117 [1935 

line and state-aided highways in towns of less than twenty- 
five hundred population and in other towns and cities outside 
the compact portion thereof as determined by the commis- 
sioner and may establish stop intersections, erect stop signs 
or other traffic devices or signals thereon or upon any highway 
entering said trunk line or state-aided highway and by rule 
or regulation provide for the control of traffic by such signs, 
devices or signals. 6. Posting. Such rules and regulations 
shall be posted on each trunk line and state-aided highway and 
in two public places in each city or town and a return of such 
posting shall be filed with the city or town clerk. 7. Pen- 
alty. Any person violating the provisions of such posted rules 
and regulations shall be fined not more than one hundred dol- 
lars and shall be liable for all damage occasioned thereby. 

2. Powers of City Councils. Amend section 12, chapter 
54 of the Public Laws by adding after paragraph VII the fol- 
lowing new paragraph: Vll-a. Special Regulations, 
Traffic Devices and Signals. To make special regulations 
as to the use of vehicles upon particular highways, except as 
to speed, and to exclude such vehicles altogether from certain 
ways ; to establish stop intersections, erect stop signs or other 
traffic devices or signals approved as to type and size by the 
state highway commissioner and to provide for the control of 
traffic by such signs, devices or signals. The location of stop 
signs or other traffic devices or signals on trunk lines and 
state-aided highways within the compact portion of any city 
or town shall conform to standards set by the highway com- 
missioner. 

3. Powers of Selectmen. Amend section 15, chapter 47 
of the Public Laws as amended by chapter 83 of the Laws of 
1927 and chapter 119 of the Laws of 1933 by striking out said 
section and inserting in place thereof the following: 15. 
Regulation. Unless regulated by the highway commissioner 
as provided in section 5, chapter 91 of the Public Laws the 
selectmen may regulate the use of all public highways, side- 
walks, and commons in their respective towns and for this 
purpose may exercise all the powers conferred on city coun- 
cils by paragraphs VII and Vll-a, section 12, chapter 54 of the 
Public Laws and by any other provisions of the laws upon the 
subject. 

4. Repeal. Sections 24, 25, 26 and 27 of chapter 90 of the 



1935] Chapter 118 215 

Public Laws as inserted by chapter 119 of the Laws of 1929 
relative to through ways are hereby repealed. 

5. Repeal. Sections 19, 20 and 21 of chapter 103 of the 
Public Laws relative to municipal regulation of highways are 
hereby repealed. 

6. Conflicting Laws. The provisions of section 3 of chap- 
ter 90 of the Public Laws shall not apply to intersections at 
which traffic is controlled by a police or traffic officer or by a 
traffic device or signal. 

7. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 18, 1935.] 



CHAPTER 118. 

AN ACT RELATING TO LIABILITY OF TOWNS. 



Section 

1. Liability of towns for dam- 
ages happening in the use 
of highways. 



Section 

2. Warning signs or structures. 

3. Approval of warning signs. 

4. Takes effect. 



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

1. Liability of Towns for Damages Happening in the Use 
of Highways. Amend section 1 of chapter 89 of the Public 
Laws by striking out in line three the words "defectively 
railed" and substituting therefor the words, of which insuf- 
ficient warning has been given ; further amend by striking out 
the word "railings" and substituting therefor the words, 
warning signs or structures, so that said section as amended 
shall read as follows: 1. When Liable. Towns are liable 
for damages happening to any person, his team, carriage or 
motor vehicle, traveling upon a bridge, culvert or sluiceway, 
or dangerous embankments of which insufficient warning has 
been given, upon any highway which the town has the duty of 
maintaining, by reason of any obstruction, defect, insuffi- 
ciency or want of repair of such bridge, culvert, sluiceway or 
embankments and warning signs or structures, which renders 
it unsuitable for the travel thereon. But any person or cor- 
poration, except municipal corporations, through whose negli- 
gence or carelessness any obstruction, defect, insufficiency or 
want of repair is caused upon any highway, shall be liable to 
any person injured by reason thereof, and the damages may 
be recovered in an action on the case ; provided that this chap- 



216 Chapter 119 [1935 

ter shall not enlarge the common law liability of public officers. 

2. Warning Signs or Structures. Amend section 2 of said 
chapter 89 by striking out the whole thereof and substitut- 
ing therefor the following: 2. Sufficient Warning. Suf- 
ficient warning of dangerous embankments shall be held to 
have been given whenever the railing, post or other warning 
signs or structures conform to the standards prescribed by 
the state highway department and have been approved by the 
state highway department in the manner hereinafter pro- 
vided. 

3. How Approved. Amend section 3 of said chapter 89 by 
inserting after the word "railings" wherever it appears the 
words, posts or other warning signs or structures, so that said 

section as amended shall read as follows : 3. , Approval 

of. The state highway department shall examine all railings, 
posts or other warning signs or structures erected by a town 
upon any highway, upon the written request of such town, 
and if the same are approved as standard railings, posts or 
other warning signs or structures a record of such request, of 
the examination and approval and of the location of such rail- 
ings, posts or other warning signs or structures shall be made 
and kept in the office of said department. A copy of such 
record shall be filed forthwith in the office of the town clerk 
of the town in which such railings, posts or other warning 
signs or structures are located. A copy of such record certi- 
fied by the state highway commissioner shall be received by 
all courts as evidence of the sufficiency of such railings, posts 
or other warning signs or structures for a period of three 
years after such record has been made. 

4. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved June 18, 1935.] 



CHAPTER 119. 

AN ACT RELATIVE TO LEGAL INVESTMENTS OF SAVINGS BANKS 

AS DETERMINED BY THE BOARD OF INVESTMENTS. 

Section 

1. Powers of board of invest- 
ments for savings banks. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1- Powers of Board of Investments. Amend section 4 of 



Section 
2. Takes effect. 



1935] Chapter 119 217 

chapter 32 of the Laws of 1935, approved March 26, 1935, by 
adding after the words "services approved by the bank com- 
missioner" the following: Any security certified hereunder 
as legal shall cease to be legal for investment by savings banks 
and savings departments of trust companies whenever the 
board of investments with the approval of the bank com- 
missioner shall so determine, so that said section as amended 
shall read as follows: 4. Amendment, Certain Mortgage 
Bonds of Railroads, etc. Amend chapter 262 of the PubHc 
Laws by adding after section 22, as inserted by chapter 96, 
Laws of 1931, as amended by section 8, chapter 67, Laws of 
1933, the following section: 23. Temporary Provisions. 
Until May 15, 1937, mortgage bonds and senior obhgations of 
railroads, public utilities, or industrial companies, except hold- 
ing companies, incorporated and operating within the bound- 
aries of the United States shall be legal for investment by sav- 
ings banks and savings departments of trust companies, up- 
on certification by a Board of Investments and approval by 
the bank commissioner. Said board shall consist of five mem- 
bers appointed by the governor with the advice and consent of 
the council. Members shall serve without pay, but shall be 
reimbursed for actual expenses incurred in attending meet- 
ings or obtaining information upon which to base their de- 
cisions. No member shall be engaged in the business of buy- 
ing or selling securities. No securities shall be certified ex- 
cept those of companies incorporated and doing business prior 
to January 1, 1920 which are rated A, AA, or AAA or equiva- 
lent by not less than two recognized investment services ap- 
proved by the bank commissioner. Any security certified 
hereunder as legal shall cease to be legal for investment by 
savings banks and savings departments of trust companies 
whenever the board of investments with the approval of the 
bank commissioner shall so determine. 

Until May 15, 1937, savings banks and savings depart- 
ments of trust companies may with the written approval of 
the commissioner and not otherwise, reinvest the proceeds 
of sales of steam railroad securities described in paragraph I 
of section 12 of chapter 262 of the Public Laws, in mortgage 
bonds described in said paragraph I of companies having an 
annual net income of not less than $2,000,000, provided such 
railroad companies have earned their fixed charges in each of 
the next preceding three years and have met all interest and 



218 Chapter 120 [1935 

maturing principal payments without default. For the purposes 
of this temporary provision mortgage bonds are defined to be 
bonds secured by (a) a first mortgage or a mortgage or trust 
indenture which is in effect a first mortgage, on property 
owned or operated by such railroad company, or (b) a refund- 
ing mortgage which covers at least seventy-five per cent of 
railroad owned in fee by such railroad company at the date of 
the mortgage, and provides for the retirement of all outstand- 
ing mortgage debts which are a prior lien upon such railroad 
owned in fee and covered by said refunding mortgage at the 
date thereof. 

Until May 15, 1937, savings banks and savings depart- 
ments of trust companies may with the written approval of 
the commissioner and not otherwise, reinvest the proceeds 
of sales of bonds of public service companies described in para- 
graph VIII of section 12 of chapter 262 of the Public Laws in 
mortgage bonds issued, assumed or guaranteed as to principal 
and interest by public service companies, provided such bonds 
were eligible for such investment on April 9, 1931, and the 
net income of the company which issued or have assumed or 
guaranteed the same shall in each of the three years preced- 
ing such investment have been not less than one and one-half 
times the annual interest on the obligations in question and 
all other obligations of corresponding or- prior lien. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 18, 1935.] 



CHAPTER 120. 

AN ACT RELATIVE TO THE POWERS OF THE SUPERIOR COURT. 

Section Section 

1. Superior court, findings by j 2. Takes effect, 
jury on issues framed. | 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Superior Court. Amend chapter 316 of the Public 
Laws by adding after section 12 a new section, to be known 
as section 12-a, to read as follows: 12-a. Findings by Jury 
on Issues Framed. In probate appeals and bills in equity, 
when issues are framed and tried by jury, the verdict or find- 



1935] 



Chapter 121 



219 



ings of the jury shall be advisory and may be modified or set 
aside if not satisfactory to found a decree upon. 

2. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved June 19, 1935.] 



CHAPTER 121. 



AN ACT TO ESTABLISH THE NEW HAMPSHIRE WATER 
RESOURCES BOARD. 



Section 




Section 


1. 


Declaration of need. 




12. 


Tax exemption. 


2. 


Definitions. 




13. 


Bonds authorized. 


3. 


Corporation created. 




14. 


Interim receipts. 


4. 


Management. 




15. 


Remedies of bondholders 


5. 


General powers. 




16. 


Assets pass to state. 


6. 


Project reports. 




17. 


Bonds guaranteed. 


7. 


Contracts. 




18. 


Appropriation. 


8. 


Acquisition of pz'operty. 


19. 


State bonds authorized. 


9. 


Changing locations. 




20. 


Short-term notes. 


10. 


Unlawful use of 


stored 


21. 


Interstate compacts. 




water; penalty. 




22, 


Constitutionality. 


11. 


Water regulating 
tees. 


commit- 


23. 


Takes effect. 



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

1. Declaration of Need. It is hereby declared that there 
is a state-wide need for the conservation and distribution of 
water and that the public interest, welfare and necessity re- 
quire the construction of projects for the conservation, 
development, storage, distribution and utilization of water, 
and the corporation created hereunder shall be regarded as 
performing a governmental function in carrying out the pro- 
visions of this act. 

2. Definitions. As used in this act the following words 
and terms shall have the following meanings: 

I. The word "corporation" shall mean the New Hamp- 
shire water resources board hereinafter created. 

II. The word "board" shall mean the board of directors 
of said corporation. 

III. The word "project" shall be deemed to include all 
property, rights, easements and franchises relating thereto 
and deemed necessary or convenient for its operation, and 
shall embrace all means of conserving and distributing water, 
including without limiting the generality of the foregoing, 
reservoirs, dams, diversion and distributing canals, lateral 



220 Chapter 121 [1935 

ditches, pumping units, mains, pipe lines and water-works 
systems. 

IV. The words "cost of project" shall embrace the cost 
of construction, the cost of all lands, property, rights, ease- 
ments and franchises acquired, which are deemed necessary 
for such construction, the cost of all machinery and equip- 
ment, financing charges, interest prior to and during con- 
struction, cost of engineering and legal expense, plans, specifi- 
cations, surveys, estimates of costs and other expenses 
necessary or incident to determining the feasibility or prac- 
ticability of any project, the proportionate administrative 
expense properly allocable to such project as determined by 
the board, together with such other expenses as may be neces- 
sary or incident to the financing herein authorized and the 
construction of the project and the placing of the same in 
operation. 

3. Corporation Created. A public corporation is hereby 
created as an agency of the state, under the name and title of 
New Hampshire Water Resources Board, with power to en- 
gage in projects, financed as herein set forth; and without 
limiting the generality of the foregoing the board is author- 
ized: 

I. To investigate and ascertain the facilities for storing 
surplus water and conserving, controlling and distributing the 
same; 

II. To acquire, hold and dispose of personal property for 
its corporate purposes; 

III. To acquire in the name of the state by purchase, 
condemnation, lease or otherwise, real property and rights 
and easements therein, deemed by it necessary or desirable 
for its corporate purposes, and to use such property ; 

IV. To sell and dispose of property rights and ease- 
ments therein not needed in the judgment of the board for 
the purposes of this act; 

V. To construct, reconstruct, maintain and operate 
projects ; 

VI. To charge and collect fees and tolls for water, the 
use of water, water storage, or other services rendered by it, 
subject to and in accordance with such agreements with bond- 
holders and with water users as may be made, as hereinafter 
provided ; 



1935] Chapter 121 221 

VII. Except as otherwise provided in any agreement 
with bondholders to pay into the state treasury the surplus 
revenues from projects over and above the amount necessary 
to pay the costs of maintenance, upkeep, repair and operation 
of projects and to discharge its obligations as they fall due ; 

VIII. To exercise any of its powers (a) in any adjoining 
state, unless the exercising of such power is not permitted 
under the laws of such state or the United States of America, 
or (b) in any public domain of the United States adjoining or 
located in the state of New Hampshire, unless such power is 
not permitted under the laws of the United States of America ; 

IX. To borrow money, make and issue negotiable notes, 
bonds and other evidences of indebtedness or obligations of 
the corporation, and to secure the payment of such obligations 
or any part thereof by pledge of all or any part of its revenue, 
and 

X. To do all things necessary or incidental to the fore- 
going powers. 

4. Management. The management of said corporation 
shall be vested in a board of five directors to be appointed by 
the governor, with the advice and consent of the council, one 
of whom shall be designated as chairman. Not more than 
three of such members shall be of the same political party. 
The members shall hold office for five years, except that the 
original appointments shall be for one, two, three, four and 
five years respectively, and each shall hold office until his 
successor shall have been appointed and qualified. All the 
members except the chairman shall serve without salary, but 
they may receive such compensation for attending meetings 
as may be fixed by the governor and council, with reasonable 
expenses incurred in the performance of their duties. The 
chairman shall receive a salary to be fixed by the governor and 
council. 

5. General Powers. Said corporation shall have the gen- 
eral powers usually possessed by New Hampshire corpora- 
tions and the power to make contracts with the United 
States or any state thereof, or with any public corporations or 
bodies existing therein and to accept grants from the United 
States or any agency thereof. The corporation shall have 
power to accept co-operation from the United States or any 
agency thereof in the construction, maintenance, operation and 
financing of any project and the corporation shall have power 



222 Chapter 121 [1935 

to do any and all things necessary in order to avail itself of 
such aid and co-operation. The corporation may co-operate 
with any adjoining state or states, or agencies thereof, in 
the planning, construction, maintaining, operating or financing 
of any project or projects located partly within this state. 
The board shall adopt and may from time to time amend by- 
laws governing their procedure and adopt a corporate seal, 
and shall cause records of their procedure to be kept by a 
secretary to be appointed by them. They shall appoint such 
agents, engineers and employees as they shall consider proper 
and fix their compensation, subject to the approval of the 
governor and council. To the extent that it may be neces- 
sary to carry out the provisions of this act, the corporation 
shall have power to use and control all public waters of the 
state and all waters to which the state is entitled by reason 
of water rights owned by it. The corporation shall be liable 
to suit in the same manner as a private corporation and shall 
have the power to institute and prosecute, in its own name or 
in the name of the state, suits at law or in equity or special 
proceedings in any courts of this or any other state or in any 
federal courts, including without limiting the generality of 
the foregoing suits in order to enable it to acquire, own and 
hold in the name of the state, title to land and rights of way 
for projects, water rights, flowage rights and other rights 
deemed necessary therefor, and in order to prevent the injuri- 
ous diversion of waters which naturally flow from other states 
into New Hampshire. All property of the corporation and 
all property held in the name of the state pursuant to the 
provisions hereof shall be exempt from levy and sale by 
virtue of an execution and no execution or other such judicial 
process shall issue against the same. No judgment against 
the corporation shall be a lien upon its property or the prop- 
erty held in the name of the state pursuant to the provisions 
hereof. 

6. Project Reports. Said board shall from time to time 
report in writing to the governor and council the results of 
any investigations made by them, including a detailed descrip- 
tion and plans of any project or projects which in their judg- 
ment fulfill the purposes of this act and are expedient to con- 
struct, and a detailed estimate of the total cost thereof and of 
the revenues to be derived from the same. The governor and 
council shall upon receipt of such report examine the same 



1935] Chapter 121 223 

and enter upon their records their decision whether the proj- 
ect or projects covered by such report are within the authority 
of section 3, and thereupon they are authorized by written 
order to direct said board to proceed with the construction of 
any project as to which their decision is in the affirmative, 

7. Contracts. Upon receipt of the written order specified 
in section 6, said board shall proceed to make contracts in the 
name of the corporation with such persons or corporations as 
would be benefited by such project, including users of water 
in and outside the state for power or other purposes, cover- 
ing the terms under which such persons or corporations shall 
pay for such benefits. No such contract shall extend for more 
than fifty years from the completion of the project. The com- 
pensation for the use of stored water or other benefits created 
by the projects shall be made equitable as between different 
users. 

8. Acquisition of Property. For the purpose of construct- 
ing any project within its authority under the provisions of 
this act, said corporation may acquire such real estate or 
other property, water rights, flowage rights and other rights 
hereinafter collectively referred to as real estate as may be 
needed, by purchase, lease or otherwise, under such terms, 
conditions and prices as they deem reasonable and desirable, 
otherwise by condemnation thereof for the use of the state 
in the manner hereinafter provided, namely: 

I. Said corporation shall in such cases cause a survey 
or location of the real estate proposed to be taken to be pre- 
pared in duplicate, one copy of which shall be filed with the 
secretary of state and the other with the clerk of the superior 
court in the county in which all or any portion of such real 
estate is located and shall petition said court to appoint com- 
missioners to assess the damages to the owners. Such peti- 
tion shall state the name and residence so far as known to said 
corporation of all persons claiming ownership of or interest in 
the real estate proposed to be taken. 

II. The superior court, upon the filing of any such peti- 
tion, shall order notice thereof to be given to all persons 
claiming ownership of or interest in such real estate to appear 
and present their claims at a time and place to be stated in 
the notice, by publication in a newspaper published in the 
town or city in which the real estate is situated, if any, other- 



224 Chapter 121 [1935 

wise in a newspaper published within the county; and an at- 
tested copy of such notice shall be given in hand to, left at 
the usual place of residence or business of, or sent by regis- 
tered mail to the last known address of all claimants whose 
names appear in the application, fourteen days at least before 
the said date of hearing. The superior court shall hear the 
claims of all persons who shall appear and shall determine all 
questions of title, and, in case more than one person shall be 
found to have an interest in such real estate, shall determine 
the several interests of each and enter a decree accordingly; 
and such decree shall be final except upon questions of law and 
as herein provided. 

III. Upon final determination of any or all of said ques- 
tions of title the court shall appoint a commission of three 
persons to assess damages, one of whom shall be a resident of 
the city or town wherein such real estate is located. Said 
commissioners, upon reasonable notice to all persons found by 
the court to have an interest in the property and after hear- 
ing, shall assess the damages and make return of such assess- 
ment to the court. 

IV. Any claimant or the corporation, if dissatisfied with 
said decree as to title or such assessment of damages shall be 
entitled to a trial by jury, by filing in the office of the clerk of 
said court a petition for that purpose within thirty days after 
the filing of such decree or the return of such assessment. In 
trying any question of damages before said commissioners or 
by jury, the appraisal for taxation of such real estate, and in 
cases where less than the whole interest in real estate is 
sought to be acquired, the appraisal for taxation of such whole 
interest, by the selectmen or tax assessors for the tax year in 
which such application shall have been filed, and for as many 
preceding years as the commissioners or the court may con- 
sider relevant, shall be competent as evidence of value. The 
damages as finally determined shall be awarded to the owner 
or apportioned among the several owners in accordance with 
their several interests as finally determined and a decree shall 
be entered accordingly. 

V. All such petitions shall be prosecuted to final judg- 
ment on behalf of the corporation by the attorney-general or 
such other person as may be designated by t]?e governor and 
council. 



1935] Chapter 121 225 

VI. Upon the filing of any sucli petition in the superior 
court, said corporation shall be entitled to enter into posses- 
sion of such real estate and title thereof shall be vested in the 
state after final decree and payment of damages as above pro- 
vided. For purposes of surveying and other investigation, 
said corporation shall be entitled to enter upon any real estate, 
doing no unnecessary damage, and the owner thereof shall be 
entitled to recover any damage sustained by him by reason 
of any entry authorized by this section by action at law 
brought against said corporation. All real estate acquired 
under the provisions of this act shall be held in the name of 
the state. Forthwith upon the acquisition by the corporation 
in the name of the state, through purchase, condemnation, or 
otherwise of any real estate property or interest or easement 
therein, or of any water rights, such property or rights shall, 
without further action, and by virtue of this act, be and be- 
come dedicated to the use and purposes of the corporation. 

9. Changing Locations. Whenever it shall become neces- 
sary for the purposes of this act for such corporation to flow 
water upon or otherwise prevent or interfere with the use of 
any highway, bridge or other property or facilities in public 
use and it cannot agree with the selectmen or other public 
officials having authority with reference thereto upon the 
terms and conditions for changing the location or grade of 
such highway or bridge or for changing the location of such 
other property or facilities, such corporation is hereby em- 
powered to apply to the superior court, in the county where 
such highway, bridge or other property or facilities or any 
part thereof is located, to appoint commissioners to determine 
the terms and conditions for changing the location of any such 
other property or facilities and the amount of damages, if any, 
which should be paid to any person, firm, corporation, organ- 
ization or municipality on account of or resulting from such 
change. Upon filing such petition proceedings shall be had as 
directed, so far as applicable, in the preceding section ; and the 
commissioners appointed by the court shall after notice and 
hearing determine the terms and conditions for changing the 
location or grade of such highway or bridge or for changing 
the location of such other property or facilities and shall 
assess the damages sustained by any person, firm, corporation, 
organization or municipality whose interests are adversely af- 



226 Chapter 121 [1935 

fected thereby and shall make return of their findings and 
assessment of damages to the court. The same right of ap- 
peal shall exist as provided in the preceding section. After 
final decree the corporation shall be entitled to proceed as 
therein provided after payment of damages as may be 
awarded by the court. 

10. Unlawful Use of Stored Water; Penalty. As used in 
this act, the term "stored water" is hereby defined as water 
released from storage provided under the terms of this act 
in excess of the amount which would naturally flow at the time 
of such release if storage facilities had not been so provided 
and maintained. It shall be unlawful for any person to inter- 
fere with the flow of any stored waters released from any res- 
ervoir constructed under the provisions of this act, except so 
far as necessary in making reasonable use of the same, or for 
any person not entitled thereto under a contract as provided in 
this act to use for power or other purposes any such stored 
waters and any person, firm or corporation not so entitled, 
who shall so interfere with the flow of or use for power or 
other purposes any stored water released from any reservoir 
constructed under the provisions of this act, shall upon convic- 
tion thereof be fined not exceeding five hundred dollars and 
each and every day of such use shall be a separate offense. 
The superior court sitting in equity shall have jurisdiction to 
enjoin the unlawful use of stored water and it shall be the 
duty of the attorney-general to prosecute proceedings for the 
enforcement of the provisions of this act. 

11. Water Regulating Committees. Said board shall 
appoint a committee or committees of such number as it may 
determine to regulate and direct the release of stored water 
from each reservoir at such times and in such quantities as 
shall be most beneficial to water users under contracts entered 
into pursuant to the provisions of section 7 hereof and not in- 
consistent with the public use and benefit and shall not inter- 
fere with or obstruct the flow of stored water released from 
any present or future water storage or conservation reservoirs 
located upstream from any such project; provided that such 
regulation of use by such committees shall be subject to the 
provisions of any agreement of the corporation with water 
users or bondholders. The members of such committees shall 
continue as such during the pleasure of the board, which shall 



1935] Chapter 121 227 

promptly make new appointments whenever a vacancy occurs 
from any cause. 

12. Tax Exemption. All property and rights acquired by 
the corporation shall be exempt from all taxation ; but the cor- 
poration shall make payments, on or before the first day of 
December in each year, to each city or town in which property 
or rights acquired by the corporation are located, of such sums 
as would have been assessed against said property and rights 
in such city or town if the same had been included in the tax 
invoice for such year at the tax valuation of the same on 
April 1, 1934. 

13. Bonds Authorized. The board is hereby authorized to 
provide by resolution from time to time for the issuance of 
bonds for the purpose of paying the cost or portion thereof 
of any one or more of such projects. Except as provided in 
section 17 the bonds of the corporation shall not constitute 
a debt of the state or of any agency or political subdivision 
thereof, but shall be payable solely from the revenues and 
moneys of the corporation. The corporation may issue bonds 
which shall be obligations of the corporation generally, with or 
without the additional security of a pledge of specific revenues, 
or it may issue bonds payable only out of the revenues specifi- 
cally pledged for their payment. Any provision of any law to 
the contrary notwithstanding any bonds issued pursuant to 
this act shall be fully negotiable. 

In case any of the officers whose signatures appear on the 
bonds or coupons shall cease to be such officers before the de- 
livery of such bonds, such signatures shall nevertheless be 
valid and sufficient for all purposes, the same as if such officers 
had remained in office until such delivery. The board may 
in the resolution authorizing respective issues provide as to 
such bonds ; (1) the manner of executing the bonds and cou- 
pons; (2) the form and denomination thereof; (3) maturity 
dates, not more than fifty years from the date or dates of 
issue; (4) the interest rates thereon ; (5) for redemption prior 
to maturity and the premium payable therefor; (6) the place 
or places for the payment of interest and principal; (7) for 
registration if the board deems such to be desirable; (8) for 
the pledging of all or any of the revenues as security for pay- 
ment; (9) for the replacement of lost, destroyed, or mutilated 
bonds; (10) the setting aside of reserves and sinking funds 
and the regulation and disposition thereof; (11) for limita- 



228 Chapter 121 [1935 

tions on the issuance of additional bonds; (12) for the proce- 
dure, if any, by which the contract with the bondholders may 
be abrogated or amended; (13) for the manner of sale and 
price thereof; (14) for covenants against pledging any of the 
revenues of the projects in priority to such bonds; (15) for 
covenants fixing and establishing such prices, rates and 
charges for water and other services made available in connec- 
tion with such project, so as to provide at all times, funds 
which will be sufficient (a) to pay all costs of operation and 
maintenance of such project, together with necessary repairs 
thereto, (b) to meet and pay the principal and interest of all 
such bonds as they severally become due and payable and (c) 
for the creating of such revenues for principal and interest of 
all such bonds and for the meeting of contingencies and the 
operation and maintenance of such projects, as the board shall 
determine; (16) for such other covenants as to such prices, 
rates and charges as the board shall determine; (17) for cove- 
nants as to the rights, liabilities, powers and duties arising up- 
on the breach by the board of any covenant, condition or obli- 
gation; (18) for covenants as to the bonds to be issued and as 
to the issuance of said bonds in escrow or otherwise and as 
to the use and disposition of the proceeds thereof; (19) for 
covenants as to the use of its property, the maintenance and 
replacement thereof, the insurance to be carried thereon and 
the use and disposition of insurance money; (20) for limita- 
tions upon the exercise of the powers conferred upon the board 
by this act; (21) for the issuance of such bonds in series and 
for the respective priority of bond issues or series thereof, 
and (22) the performance by the corporation of any and all 
such acts and things as may be necessary or convenient or 
desirable in order to secure its bonds or in the absolute dis- 
cretion of the board as will tend to make the bonds more mar- 
ketable, notwithstanding that such acts or things may not be 
enumerated therein. 

14. Interim Receipts. Pending the preparation of the 
definitive bonds, interim receipts may be issued to the pur- 
chaser or purchasers of such bonds, and may contain such 
terms as the board may determine. 

15. Remedies of Bondholders. In the event that the cor- 
poration shall make default in the payment of principal or of 
interest on any of the bonds after the same shall fall due and 
such default shall continue for a period of sixty days, or shall 



1935] Chapter 121 229 

default in any agreement with the bondholders, the holders 
of twenty-five per cent in aggregate principal amount of the 
bonds then outstanding by instrument filed in the office of the 
secretary of state duly acknowledged, may appoint a trustee 
to represent the bondholders for the purposes herein provided. 
Such trustee may, and upon the written request of the holders 
of twenty-five per cent in principal amount of the bonds then 
outstanding, shall (1) by mandamus or other suit, action or 
proceeding at law or in equity enforce the rights of the bond- 
holders, (2) bring suit upon the bonds, (3) enjoin any acts 
or other things which may be unlawful or in violation of the 
rights of the bondholders, (4) by notice in writing to the 
board declare all bonds due and payable, and if all defaults 
shall be made good, to annul such declaration and its conse- 
quences, (5) by action or suit in equity, requiring the corpo- 
ration and the board to account as if it and they were trustees 
of an express trust for the bondholders. 

Such trustee shall be entitled as of right to the appointment 
of a receiver who may to the extent that the corporation could 
itself do, enter and take possession of the facilities of the cor- 
poration or any part thereof, the revenues or receipts from 
which are or may be applicable to the payment of the bonds 
so in default, and operate and maintain the same and collect 
and receive all revenues thereafter arising therefrom in the 
same manner as the corporation might do, and shall deposit 
all such moneys in a separate account and apply the same in 
such manner as the court shall direct. In any suit, action or 
proceeding by the trustee, the fees, counsel fees and expenses 
of the trustee and receiver, if any, and all costs and disburse- 
ments allowed by the court shall be a first charge on any rev- 
enues and receipts derived by the corporation, the revenues 
and receipts from which are or may be applicable to the pay- 
ment of the bonds so in default. Said trustee shall in addition 
to the foregoing have and possess all the powers necessary 
and appropriate for the exercise of any functions specifically 
set forth herein or incident to the general representation of 
the bondholders in the enforcement and protection of their 
rights. 

In addition to other rights and remedies, any bondholder 
shall have the right by mandamus or other suit, action or pro- 
ceeding in law or in equity to enforce his rights against the 



230 Chapter 121 [1935 

corporation, including the right to require the corporation to 
carry out any agreement or covenant and to perform its 
duties under this act. 

16. Assets Pass to State. In the event that the corpora- 
tion shall be dissolved, all of its assets remaining after all of 
its obligations and liabilities have been satisfied or discharged 
shall pass to and become the property of the state. 

17. Bonds Guaranteed. The governor with the advice and 
consent of the council is hereby authorized in the name of the 
state to guarantee in such manner as they may determine, the 
payment of principal and interest of any bonds to be issued by 
the corporation hereunder, whether or not the same are se- 
cured by a first, junior or other lien upon revenues from proj- 
ects, provided that the aggregate principal amount of bonds 
which may be so guaranteed shall not be in excess of nine 
hundred thousand dollars. The full faith and credit of the 
state shall be pledged to the performance of such guarantee 
by the state. In the event that the corporation shall default 
in payment of interest or principal upon any of the bonds so 
guaranteed by the state the governor with the advice and con- 
sent of the council may draw his warrant upon the treasury 
out of any money not otherwise appropriated for the payment 
of such interest or principal and the sums so paid shall be re- 
coverable from the corporation. 

18. Appropriation. There is hereby appropriated the sum 
of one hundred thousand dollars or so much thereof as may be 
necessary to provide funds for the corporation to defray the 
cost or portion thereof of projects herein authorized. 

19. State Bonds Authorized. The treasurer is hereby 
authorized to borrow upon the faith and credit of the state 
an amount not exceeding one hundred thousand dollars to pro- 
vide the funds herein appropriated, and for that purpose may 
issue bonds and notes at such times, in such denominations, 
executed in such manner and with such rates of interest, dates 
of maturity, and other provisions as the governor and council 
shall determine. The proceeds from the sale of such notes 
and bonds shall be held by the treasurer and paid out by him 
upon warrant drawn by the governor with the advice and con- 
sent of the council for the purposes set forth in section 18 
hereof, the treasurer taking such obligations or evidences of 



1935] Chapter 121 231 

indebtedness of the corporation in exchange therefor as the 
governor and council shall approve. 

20. Short-Term Notes. Prior to the issuance of the bonds 
provided in section 19 hereof, the treasurer, under the direc- 
tion of the governor and council, may for said purposes borrow 
money from time to time on short-term loans to be refunded 
by the issuance of the bonds. 

21. Interstate Compacts. The governor, with the advice 
and consent of the council, is hereby authorized and em- 
powered in the name and on behalf of the state of New 
Hampshire to enter into agreements or compacts with any one 
or more of the other states commonly known as the New Eng- 
land states as they may deem for the best interests of this 
state and the inhabitants thereof for the purpose of promoting 
health, welfare, and public safety by conserving and regulat- 
ing the flow and diversion, lessing flood damage and removing 
or preventing sources of pollution of the waters of any rivers 
or streams whose drainage basins or any portion thereof lie 
within this state and by agreeing with such states as to their 
respective rights in the waters of such rivers or streams ; pro- 
vided the consent of the Congress of the United States has 
been or shall be given to the making of such agreements or 
compacts. 

22. Constitutionality. The governor and council are 
authorized to submit to the supreme court the questions as to 
the constitutionality of any provision of this act, and in case 
any provision hereof shall be declared unconstitutional the 
remaining provisions hereof shall not by reason thereof be 
invalid, and in such case the governor and council are author- 
ized to cause such remaining provisions to be carried into ef- 
fect if in their judgment the general purpose hereof can be 
carried out after eliminating the provision found to be un- 
constitutional. 

23. Takes Efifect. This act shall take effect upon its pas- 
sage. 

[Approved June 19, 1935.] 



232 Chapter 122 [1935 

CHAPTER 122. 

AN ACT RELATIVE TO AID FOR DEPENDENT MOTHERS. 



Section 

1. Aid for dependent mothers, 

recommendation. 

2. Maximum amount of aid. 



Section 

3. Limitations as to residence. 

4. Effect of laws. 

5. Takes effect. 



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

1. Aid for Dependent Mothers. Amend section 9, chapter 
108 of the Public Laws, as inserted by chapter 145 of the Laws 
of 1929, and as amended by section 1, chapter 106 of the Laws 
of 1931, by striking out the word "partial" in the fifth line, so 
that said section as amended shall read as follows: 9. Rec- 
ommendation for Appropriation. It shall be the duty of the 
state board of public welfare to recommend a special appro- 
priation at each session of the legislature for an amount suffi- 
cient to meet the purposes of this act for the support of 
mothers and motherless children. 

2. Maximum Amount of Aid. Amend section 13 of said 
chapter 108, as inserted by chapter 145 of the Laws of 1929, 
by striking out the word "fifteen" in the third line and insert- 
ing in place thereof the word, eighteen; further amend by 
striking out the word "eight" in the fourth line and inserting 
in place thereof the word, twelve, so that said section as 
amended shall read as follows: 13. Change in Allowance. 
The state board may at any time thereafter increase or dimin- 
ish the allowance, provided that the maximum allowance shall 
not exceed eighteen dollars a month for the dependent mother 
and first child and twelve dollars a month for each succeeding 
child, and no change in amount shall be made until the facts 
have been further investigated and a record of the facts filed 
in the office of the secretary of the state board. 

3. Residence. Amend section 14 of said chapter 108 as in- 
serted by said chapter 145 by striking out the words "two 
years" in the fifth line and inserting in place thereof the 
words, one year, so that said section as amended shall read 
as follows: 14. Limitations. No aid shall be given to a 
mother unless (a) the child or children are living with her; 
(b) the mother, in the judgment of the state board, is a proper 
person morally, physically or mentally to bring up her chil- 
dren ; (c) she has been a resident of this state for at least one 
year before she applies for aid, and (d) employment, if any. 



1935] Chapter 122 233 

in which she engages is approved by the state board. Noth- 
ing herein contained shall be construed as depriving a mother 
of such allowance if one or more of her children are living with 
her and others are living elsewhere, and the state board shall 
base the allowance upon the special emergencies existing. 

4. Effect of Laws. During the time that the state board 
of welfare and relief exercises the duties of the state board 
of public welfare, as provided in the act* passed at this ses- 
sion of the legislature, approved March 13, 1935, said board of 
welfare and relief shall have all the powers and duties con- 
ferred upon the said board of public welfare under the provi- 
sions hereof. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 19, 1935.] 



* Chapter 20, ante. 



234 



Chapter 123: 1 



[1935 



CHAPTER 123. 

AN ACT TO CREATE A FISH AND GAME COMMISSION AND TO 
DEFINE ITS POWERS AND DUTIES. 



Section 

1. New chapter. 

2. Transfer of funds. 

3. Repeal. 



Section 

4. The effect of this 

existing laws. 

5. Takes effect. 



act on 



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

1. New Chapter. Amend chapter 196 of the Public Laws, 
as amended by chapter 90 of the Laws of 1933, by striking 
out the entire chapter and inserting in place thereof the fol- 
lowing new chapter: 

CHAPTER 196 

FISH AND GAME COMMISSION 



Section 


Section 


1. 


Commission created. 


19. 


Selection of conservation of- 


2. 


Appointment. 




ficers, etc. 


3. 


Terms. 


2G. 


Advancement; ratings. 


4. 


Removal. 


21. 


Removals, only for cause. 


5. 


Reimbursement for ex- 


22. 


Political activity prohibited. 




penses. 


23. 


Compensation. 


6. 


Quorum. 


24. 


Authority to establish spe- 


7. 


Chairman; meetings. 




cial areas in White Moun- 


8. 


Director, duties. 




tain National Forest. 


9: 


Investigation and research. 


25. 


Limitation. 


10. 


Powers and duties. 


26. 


Posting. 


11. 


Publication. 


27. 


Penalty. 


12. 


Violation of rules and regu- 


28. 


Application of laws. 




lations. 


29. 


Fish and game fund consti- 


13. 


Reports. 




tuted. 


14. 


Printing; supplies. 


30. 


Fines. 


15. 


Co-operation. 


31. 


Disbursements. 


16. 


Conservation officers, super- 


32. 


Balance. 




intendents of hatcheries 


33. 


Control of expenditures. 




and other employees. 


34. 


Purposes of expenditures. 


17. 


Reports. 


35. 


Constitutionality. 


18. 


Powers. 







1. Commission Created. A fish and game department is 
hereby established and is hereby placed under a commission 
to be known as the fish and game commission hereinafter re- 
ferred to as the commission, which is hereby created. 

2. Appointment. There shall be a fish and game commis- 
sion of five members, each well informed on the subject of wild 
life conservation and restoration, appointed by the governor 
with the advice of the council. Not more than three commis- 
sioners shall be of the same political party. One member 
shall be a resident of either Coos or Carroll county, another of 
either Grafton or Sullivan county, another of either Merri- 



1935] Chapter 123: 1 235 

mack or Belknap county, another of either Rockingham or 
Strafford county and another of either Cheshire or Hillsbor- 
ough county. If a vacancy shall occur in said commission, it 
shall be filled in the same manner for the unexpired term. 

3. Terms. The members shall hold office for a term of 
one, two, three, four and five years, respectively, the length 
of term of each to be fixed in his commission, and each shall 
continue in office until his successor is appointed and qualified ; 
and thereafter, beginning one year from the date of the issu- 
ance of the first commission, one member shall be appointed 
every year for a term of five years. 

4. Removal. The governor, with the advice of the council, 
may remove a commissioner for inefficiency, neglect of duty, 
or misconduct in office, delivering to him a copy of the charges 
and affording him an opportunity of being publicly heard in 
person or by counsel in his own defense, upon not less than ten 
days' notice. If such commissioner shall be removed, the gov- 
ernor shall file in the office of the secretary of state a complete 
statement of all charges made against such commissioner and 
his findings thereon, together with a complete record of the 
proceedings. 

5. Reimbursement for Expenses. The members shall re- 
ceive no compensation for their services, but shall be reim- 
bursed for actual and necessary travelling and other expenses, 
and disbursements incurred or made by them in the discharge 
of their official duties. 

6. Quorum. A majority of the members shall constitute 
a quorum for the transaction of any business, for the per- 
formance of any duty, or for the exercise of any power, except 
that in any action upon the appointment or removal of the di- 
rector, a majority of the commission must act affirmatively. 
At least ten days' notice in writing shall be given to all mem- 
bers of any meeting. 

7. Chairman; Meetings. The members of the commission 
shall meet at the capital within thirty days after their ap- 
pointment and shall organize by electing from their member- 
ship a chairman and a secretary, and thereafter regular meet- 
ings shall be held by the commission at its offices quarterly, 
and at such other times and places within the state as the 
commission shall select, for the transaction of business.* 



236 Chapter 123: 1 [1935 

Director 

8. How Chosen; Duties. The fish and game commission 
shall appoint a director of the fish and game department who 
shall be a man with knowledge of, and experience in, the re- 
quirements for the protection, conservation and restoration of 
the wild life resources of the state. He shall serve for an in- 
definite term, at the pleasure of the commission. He shall 
not hold any other public office, and shall devote his entire 
time to the service of the state in the discharge of his official 
duties. He shall receive such compensation as the commis- 
sion may determine, and shall be reimbursed for all actual and 
necessary travelling and other expenses incurred by him in 
the discharge of his oflScial duties. Before entering upon the 
duties of his office, he shall take the oath prescribed by the 
constitution, and shall, in addition thereto, swear that he 
holds no other public office, nor any position under any politi- 
cal committee or party. Such oath shall be filed with the secre- 
tary of state. He shall execute and file with the secretary of 
state a bond to the state in the sum of ten thousand dollars for 
the faithful performance of his duties. He shall have general 
supervision and control of all activities, functions, and em- 
ployees of the fish and game department, and shall enforce all 
the provisions of the laws of this state relating to fish, wild 
animals and birds, and shall exercise all necessary powers in- 
cident thereto. 

9. Investigation and Research. The director is hereby di- 
rected to make adequate investigation of the supply of wild 
life in the state, shall authorize such scientific and other 
studies as may be deemed necessary to his work, and shall col- 
lect, classify, and disseminate such statistics, data and in- 
formation as in his discretion will tend to promote the objects 
of the department. 

10. Powers and Duties. It shall be the duty of the direc- 
tor to protect, propagate and preserve the fish, game and fur- 
bearing animals in the state, and to enforce, by proper action 
and proceedings, the laws of this state relating thereto. It 
shall also be the duty of the director to protect and conserve 
the non-game birds of this state. He shall have the power 
and authority necessary to execute his duties. He shall not 
have the power to close any open season for the taking of 
game, nor the power to close any open season for the taking 



1935] Chapter 123: 1 237 

of fish for a period exceeding thirty days in any calendar year, 
nor to change the bag and creel limit, but, subject to these 
limitations, he shall have the power and authority to make 
and enforce rules and regulations for the protection, propaga- 
tion and preservation of the fish, game and fur-bearing ani- 
mals in the state when, after investigation, he shall find that 
such action is necessary to insure the preservation or perpetu- 
ation of any kind of fish, game, or fur-bearing animals, or the 
maintenance of an adequate supply thereof. 

11. Publication. Rules, regulations and orders of the di- 
rector shall be published in the following manner: Those 
having general application throughout the state shall be pub- 
lished at least once in some newspaper published in and having 
a general circulation throughout the state; those of special 
character having local application only shall be published at 
least once in some newspaper published in and having general 
circulation in the locality where such rules, regulations and 
orders are applicable; but, if no such newspaper is so pub- 
lished or circulated, copies of such rules, regulations and 
orders shall be posted in at least three conspicuous places in 
the locality in which they are applicable. Such rules, regula- 
tions and orders may also be given such other publicity as 
the director may deem desirable. The fish and game com- 
mission or the director shall release at such time as they deem 
advisable for newspaper and other publications the number 
and size of fish planted, but in no instance shall any employee 
of the fish and game department disclose where or when they 
were or will be planted. The director may penalize any em- 
ployee who violates the provisions of this section as he deems 
is reasonable and just. 

12. Violation of Rules and Regulations. Whoever violates 
any such rule, regulation or order of the director, shall be 
fined not more than fifty dollars or be imprisoned not more 
than thirty days, or both. 

13. Reports. The director shall keep an account of the 
proceedings of the department, and on or before December 
first next prior to the assembling of the legislature, shall file 
with the secretary of state, a report thereof, with such recom- 
mendations for legislative action as he may deem wise, to the 
governor and council. 

14. Printing; Supplies. The director shall have the au- 



238 Chapter 123: 1 [1935 

thority to have printed the biennial report and such bulletins, 
literature, posters and other printing as may be necessary to 
the work of the department. He shall also have the authority 
to purchase all supplies and equipment. 

15. Co-operation. The director shall enter into co-opera- 
tion with the departments of the federal government and of 
this and all other states, for the protection, propagation and 
preservation of fish, game and fur-bearing animals in this 
state, and shall execute all matters pertaining thereto, includ- 
ing a biological survey of the state. 

Conservation Officers, Superintendents of Hatcheries, and 
Other Employees 

16. Number, etc. The director shall determine the num- 
ber of conservation officers and superintendents of hatcheries. 
He shall appoint and remove all conservation officers and 
superintendents of hatcheries in the manner hereinafter pro- 
vided. He shall hire such experts and office assistants as in 
his judgment are necessary for the proper execution of his 
duties. All conservation officers shall give bond in such 
amount as may be required by the director. A copy of the 
appointment of each conservation officer shall be filed in the 
office of the director. 

17. Reports. Each conservation officer shall keep a rec- 
ord of his official acts, receipts and expenditures and, when re- 
quested by the director, shall make such report and in such 
form as the director may prescribe. 

18. Powers. The director, and each conservation officer, 
shall have the power: 

I. To enforce all laws, rules and regulations relating to 
fish, game and fur-bearing animals, and to go upon any prop- 
erty outside of buildings, posted or otherwise, in the perform- 
ance of his duties ; 

II. To execute all warrants and search warrants for the 
violation of laws, rules and regulations relating to fish, game 
and fur-bearing animals; 

III. To serve subpoenas issued for the trial of all 
offenses against the laws, rules and regulations relating to 
fish, game and fur-bearing animals; 

IV. To carry firearms or other weapons, concealed or 
otherwise, in the performance of his duties; 

V. To arrest without warrant and on view any person 



1935] Chapter 123: 1 239 

found violating any law, rule or regulation relating to fish, 
game or fur-bearing animals, take such person before a court 
having jurisdiction for trial, and detain such person in custody 
at the expense of the state until trial; 

VI. To search without a warrant and examine in the 
field or on the stream, any person or any boat, conveyance, 
vehicle, game bag, game coat, creel, crate, box, locker, or other 
receptacle, in the presence of the owner if reasonably possible, 
for fish, game, or fur-bearing animals, when he has reasonable 
cause to believe that any fish, game, or fur-bearing animals 
subject to forfeiture, are concealed thereon or therein; 

VII. To secure and execute search warrants, and in pur- 
suance thereof, to enter any building, enclosure, vehicle, or 
car, and to break open any apartment, chest, locker, box, 
trunk, crate, basket, bag, package, or container, and to exam- 
ine the contents thereof; 

VIII. To seize and take possession of all fish, game, or 
fur-bearing animals, which have been caught, taken, or killed, 
or had in possession, or under control, or which have been 
shipped or are about to be shipped, at any time, in any man- 
ner, or for any purpose, contrary to the laws of this state; 

IX. To seize all fishing tackle, guns, shooting and hunt- 
ing paraphernalia, traps, boats, decoys, or other appliances 
used in violation of any law, rule or regulation relating to fish, 
game or fur-bearing animals, when making an arrest, or found 
in the execution of a search warrant, and hold the same at 
the owner's expense until the fine and costs imposed for the 
violation have been paid in full; 

X. To accept from any person charged with violating 
any law, rule, or regulation relating to fish, game, or fur-bear- 
ing animals, the punishment for which is a fine only, a written 
acknowledgment of the offense committed, and the maximum 
fine provided for such violation, together with costs accruing 
to that date, and any fish, game, or fur-bearing animals, un- 
lawfully taken or possessed by such person. He shall give to 
such person a printed receipt therefor, bearing the imprint of 
the seal of the commission and the signature of the director. 
Such receipt shall be evidence of full satisfaction of the 
offense committed. Such written acknowledgment of guilt 
shall be given the same effect as a conviction, in revoking a 
license. 



240 Chapter 123: 1 [1935 

Selection of Conservation Officers and Superintendents of 

Hatcheries 

19. Selection. All fish and game wardens and all deputy 
fish and game wardens in the service of the department at the 
time of the passage of this act shall continue in service as con- 
servation officers until discharged in the manner provided in 
this act. All superintendents of hatcheries in the service of 
the department at the time of the passage of this act shall 
continue in service until discharged in the manner provided in 
this act. The commissioner of fish and game shall continue 
in service under the direction of the commission until the 
director herein provided for has been appointed and has quali- 
fied. All appointments of conservation officers and superin- 
tendents of hatcheries hereafter made, shall be under rules 
adopted and promulgated by the director. 

20. Advancement; Ratings. The director shall establish a 
system of efficiency ratings based upon records in the depart- 
ment. Such system shall provide a minimum rating of effi- 
ciency which must be attained by a conservation officer or 
superintendent of hatcheries before he may be promoted; it 
shall also provide a rating below which no such officer may 
fall, without being demoted; it shall further provide for a 
rating below which no such officer may fall without being dis- 
missed for inefficiency. All promotions, demotions, or dis- 
missals shall be governed by provisions of the rules estab- 
lished by the director. 

21. Removals, Only for Cause. No conservation officer or 
superintendent of hatcheries in the service of this department 
shall be removed therefrom except for such cause as will pro- 
mote the efficiency of said service, and for reasons given in 
writing by the director, and the person whose removal is 
sought shall have notice of the same and of any charges pre- 
ferred against him, and be furnished with a copy thereof, and 
also be allowed a reasonable time for personally answering the 
same in writing, and furnishing affidavits in support thereof ; 
but no examination of witnesses nor any trial or hearing shall 
be required, except in the discretion of the director ; and copies 
of charges, notice of a hearing, answer, reasons for removal, 
and of the order of removal, shall be made a part of the rec- 
ords of this department, as shall also the reasons for reduc- 



1935] Chapter 123: 1 241 

tion in rank or compensation ; and copies of the same shall be- 
furnished to the person affected, upon request. 

22. Political Activity Prohibited. While retaining the 
right to vote as he may please and to express privately his 
opinion on all political subjects, no person in the service of 
the department shall take any active part in political manage- 
ment or in political campaigns, nor shall he use his official au- 
thority or influence for the purpose of interfering with an 
election or affecting the results thereof, or for the purpose of 
coercing the political action of any person or body. The vio- 
lation of this section shall be cause for removal as provided 
in the preceding section. 

23. Compensation. The annual rate of compensation for 
a position in the department, except the director, shall not ex- 
ceed tM^enty-five hundred dollars, and within that limit, shall 
be fixed by the commission. 

Special Areas in White Mountain National Forest 

24. Authority for Establishment. The forest service of 
the United States department of agriculture is hereby author- 
ized to make reasonable rules and regulations for the protec- 
tion of game and other animals, birds and fish on such area 
or areas in the White Mountain forest reserve as shall be des- 
ignated from time to time by said forest service with the 
written approval of the commission. Said areas shall be des- 
ignated as areas for the propagation, rearing and protection 
of fish and game and other wild life. A description of said 
area or areas and a plan or map thereof shall be filed in the 
office of said commission. 

25. Limitation. At no time shall the areas designated as 
in section 24 exceed one hundred thousand acres, in total. 

26. Posting. A copy of any rule or regulation made under 
the provisions of section 24, attested by an official or employee 
of said forest service, shall be posted on the designated area 
to which said rules and regulations are made applicable and 
a like copy, with affidavit of posting thereon, shall be filed 
for record in the office of the commission and in the office of 
the secretary of state. 

27. Penalty. Whoever shall violate any rule or regulation 
made pursuant to the provisions of section 24 and posted and 
filed as provided for herein shall be fined not more than fifty 
dollars or imprisoned not more than thirty days or both. 



242 Chapter 123: 1 [1935 

28. Application of Laws. During the period any such 
rules or regulations shall be in force the laws of the state rela- 
tive to fish and game inconsistent therewith shall be sus- 
pended. 

Fish and Game Fund 

29. How Constituted. The director shall, at least once a 
month, make return to the state treasurer of all moneys re- 
ceived and collected by the department from licenses, permits, 
fines, forfeitures or whatever source. The state treasurer 
shall keep all such moneys in a separate account to be known 
as the fish and game fund. Such fund is annually appropri- 
ated for the use of the department during the fiscal year of 
its receipt by the state treasurer, in the manner hereinafter 
provided. The director shall file with the commission a state- 
ment of the finances of the department monthly. 

30. Fines. The court or justice of any court in which a 
complaint for a violation of any law, rule or regulation relat- 
ing to fish, game, or fur-bearing animals, is prosecuted, shall, 
within thirty days after any fine or forfeiture is paid, remit 
the amount thereof to the director. 

31. Disbursements. The expenses of the commission and 
the salaries, compensation and expenses of the director, con- 
servation officers, superintendents of hatcheries, experts, and 
all other employees of the department authorized under the 
provisions hereof, including the premiums on any bonds re- 
quired herein, shall be charged to and paid out of said fish and 
game fund. 

32. Balance. At the close of each fiscal year, the unex- 
pended balance of said fund shall be carried forward and added 
to the appropriation for the subsequent year. 

33. Control of Expenditures. The commission shall gov- 
ern the financial policies of the department, and shall fix the 
budget for the operation and maintenance of its work for each 
fiscal year, which budget shall not be exceeded by the director. 
The fish and game fund shall be used and expended only for 
such purposes as the commission may direct. The director 
shall not contract any indebtedness or obligation beyond the 
funds available, or presently to be available, for his use. 

34. Purposes of Expenditures. The director, under the 
supervision of the commission, shall have the exclusive power 
to expend for the protection, conservation, propagation, and 



1935] Chapter 123 : 2, 3, 4, 5 243 

restoration of fish, game and fur-bearing animals, all funds of 
the state acquired for the protection, conservation, propaga- 
tion, or restoration of fish, game and fur-bearing animals, 
arising from state appropriations, licenses, gifts, or other- 
wise. 

Constitutionality 
35. Constitutionality. If any clause, sentence, paragraph, 
subdivision, section, or part of this act, or any order or rule of 
the director, shall, for any reason, be adjudged by any court 
of competent jurisdiction to be unconstitutional or invalid, 
such judgment shall not affect, impair, or invalidate the re- 
mainder thereof, but shall be confined in its operation to such 
clause, sentence, paragraph, subdivision, section, or part 
thereof, directly involved in the controversy in which said 
judgment shall have been rendered. 

Transfer of Funds 

2. Transfer of Funds. All funds, appropriations and 
moneys provided for the purpose of administering and enforc- 
ing the fish and game laws of this state, and all funds, appro- 
priations, property, and moneys under the control of the pres- 
ent fish and game commissioner, or other funds of the state 
in the custody or control of any other officer or person con- 
nected with the office of the present fish and game commis- 
sioner, or under the supervision of said commissioner, shall be 
and hereby are transferred to the fish and game fund created 
by this act, and made available to and placed under the control 
of the commission herein created. 

General 

3. Repeal. Sections 44 to 49, inclusive, of chapter 197 of 
the Public Laws and sections 64 to 68, inclusive, of said chap- 
ter 197 as inserted by chapter 31, Laws of 1929, and chapter 
38, Laws of 1931, and all acts or parts of acts inconsistent 
herewith are hereby repealed. 

4. The Effect of This Act on Existing Laws. The repeal 
by this act of any provision of law shall not revive any law 
heretofore repealed ; nor shall such repeal affect any act done, 
liability incurred, or any right accrued or vested under the 
authority of such repealed laws. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 19, 1935.] 



244 



Chapter 124: 1 



[1935 



CHAPTER 124. 

AN ACT TO REVISE AND AMEND THE FISH AND GAME LAWS. 



Section 


Section 


1. General provisions as to fish 


7. 


Licenses for hunting and 


and game. 




fishing. 


2. Game animals. 


8. 


Registration of guides. 


3. Game birds. 


9. 


Repeals. 


4. Fur-bearing animals. 


10. 


Saving clause. 


5. Fish. 


11. 


Effect of act on existing 


6. Propagation of fish and 




laws. 


game. 


12. 


Constitutionality. 




13. 


Takes effect. 



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

1. New Chapter. Amend chapter 197 of the Public Laws 
as amended by chapters 46 and 85 of the Laws of 1927, chap- 
ters 120, 121 of the Laws of 1929 and chapters 17 and 167 of 
the Laws of 1933, by striking" out the entire chapter and in- 
serting in place thereof the following new chapter: 

CHAPTER 197 

GENERAL PROVISIONS AS TO FISH AND GAME 



Section 


Section 


1. 


Definitions. 


24. 


Killing by land owner. 


2. 


Inclusions. 


25. 


Notice. 


3. 


Lawful methods of taking. 


26. 


Investigation. 


4. 


Limit on possession. 


27. 


Disposition of game, etc. 


5. 


Ferrets. 




killed. 


6. 


Automobiles. 


28. 


Rights reserved. 


7. 


Taking for hire. 


29. 


Declaration of closed season. 


8. 


Angling. 


30. 


Woodland. 


9. 


Prohibited devices. 


31. 


Notice. 


10. 


Dogs. 


32. 


Violations. 


11. 


Training of dogs. 


33. 


Injuring property. 


12. 


Field trials. 


34. 


Shooting human beings in 


13. 


Importing and releasing 




mistake. 




wild life. 


35. 


Publication. 


14. 


Possession as evidence. 


36. 


Bounties. 


15. 


Disposition of seizures. 


37. 


Bobcat hunters. 


16. 


Other property upon convic- 


38. 


Fraud. 




tion. 


39. 


Trapping. 


17. 


Transportation of fish or 


40. 


Closing waters to protect 




wild game, by residents. 




ice. 


18. 


By non-residents. 


41. 


Notice. 


19. 


Special permits. 


42. 


Expense. 


20. 


Damage by game to fruit 


43. 


Foreign sporting clubs. 




trees. 


44. 


Injunctions. 


21. 


Other damage. 


45. 


Exceptions. 


22. 


Appeal. 


46. 


Penalties. 


23. 


Non-action. 







Definitions and Inclusions 

1. Definitions. Words and phrases used in this title shall 
be construed as follows: 



1935] Chapter 124: 1 245 

Open Season: That period of time during which fish, 
game, or fur-bearing animals may be legally taken or killed. 

Closed Season: That period of time during which fish, 
game, or fur-bearing animals may not be legally taken or 
killed, and all periods of time not included within the open 
season. 

Inclusion and Exclusion of Dates : Whenever a period is 
named during which an act is permitted or prohibited, the first 
date shall be included within and the last date excluded from 
such period. 

Angling: The taking of fish by line in hand, or rod in 
hand, to which is attached a cast of artificial flies, or an arti- 
ficial bait, or one hook for bait. A person may have in use 
not more than two such lines at one time. Nothing in this 
title shall prohibit the use of a rod-holder in a boat. 

Fish : Charr, commonly called brook trout ; all species of 
trout, including lake trout, and the salmon family; muscal- 
longe; pickerel, including the great northern pike, pond pick- 
erel, grass pickerel, chain pickerel or banded pickerel; pike 
perch, including wall-eyed pike or yellow pike; white perch; 
yellow perch; black bass, including Oswego or large-mouthed 
bass, and small-mouthed bass ; horned pout ; shad ; and smelt. 

Brook Trout: Charr, commonly called brook trout, rain- 
bow trout, brown trout, and Loch Leven trout. 

Person: Includes co-partnership, association and cor- 
poration, and also principal agent, or employee. 

Number ; Gender : The singular shall include the plural ; 
and the masculine shall include the feminine and neuter. 

Game Birds: Ruffed grouse or partridge, woodcock, 
snipe, pheasant, quail, European partridge, plover of all kinds, 
all shore birds, rail, coot, gallinule, ducks, brant and geese. 

Game Animals: Moose, caribou, elk, deer, wild rabbit 
and hare, and gray squirrel. 

Game : Game birds and game animals. 

Fur-Bearing Animals: Beaver, otter, marten, sable, 
mink, fisher or fisher cat, fox, raccoon, skunk and muskrat. 

Vermin: All wild animals not classed as game animals 
or fur-bearing animals, and all wild birds other than game 
birds and protected birds. 

Unprotected Birds: English sparrows, European star- 
lings, hawks, owls, and crows. 



246 Chapter 124: 1 [1935 

Protected Birds: All wild birds not included within the 
terms Game Birds and Unprotected Birds. 

Wild Birds: All birds other than domestic birds. 

Whole to Include Part: Every provision relating to a 
fish, game bird, protected bird, game animal, or fur-bearing 
animal, shall apply to a part of such fish, bird, or animal. 

Sell and Sale : Includes barter, exchange, and offering or 
exposing for sale. 

Possession: Actual or constructive possession, and any 
control of things referred to. 

Transport and Transportation: All carrying or moving, 
or causing to be carried or moved. 

Take or Taking: Includes pursuing, shooting, hunting, 
killing, capturing, trapping, snaring, and netting, fish, game, 
protected birds and fur-bearing animals, and all lesser acts, 
such as disturbing, harrying, worrying, wounding, or placing, 
setting, drawing, or using any net or other device commonly 
used to take fish, birds, or animals, whether they result in tak- 
ing or not, and includes every attempt to take and every act of 
assistance to every other person in taking or attempting to 
take fish, game or fur-bearing animals, provided that when- 
ever taking is allowed by law, reference is had to taking by 
lawful means and in lawful manner. 

Bag and Creel Limit: The number or weight of any 
kind of fish, game, or fur-bearing animals, permitted to be 
killed in a specified time. 

Resident: A citizen of the United States who has re- 
sided not less than six months next prior to his application for 
a license continuously within the state. 

Non-resident: All persons not coming within the defini- 
tion of resident as above set forth. 

Guide : Any person who engages for hire, either directly 
or indirectly, in the business of guiding in this state. 

Guiding: Includes every act whereby a person directs, 
aids, assists or instructs another person in taking fish, game 
or fur-bearing animals within this state, or in traversing the 
forests and streams therein, for hire. 

2. Inclusions. No person shall at any time of the year 
take, in any manner, number or quantity, fish, game, fur-bear- 
ing animals or protected birds, or buy, sell, offer or expose 
for sale the same, or any part thereof, transport or have the 



1935] Chapter 124: 1 247 

same in his possession, wherever taken or killed, except as 
permitted in this title; and this prohibition shall be a part of 
each permissive section or part thereof. A person doing any- 
thing prohibited or neglecting to do anything required by this 
title, with reference to such fish, game, fur-bearing animals, 
and protected birds, shall be deemed to have violated this sec- 
tion. A person who counsels, aids or assists in a violation of 
a provision of this title, or knowingly shares in any of the pro- 
ceeds of said violation by receiving or possessing either fish, 
game, fur-bearing animals, or protected birds, shall be fined or 
imprisoned as provided in this title in the case of a person 
guilty of such violation. 

3. Lawful Methods of Taking. Game shall be taken in the 
daytime between one-half hour before sunrise and one-half 
hour after sunset with a gun fired at arm's length or bow and 
arrow, unless otherwise specifically permitted. A person may 
take game during the open season therefor with the aid of a 
dog, unless otherwise specifically prohibited. 

4. Limit on Possession. No person may have in his pos- 
session at one time more fish, game or fur-bearing animals 
than he may lawfully take in two days. 

5. Ferrets. No person while hunting or obviously on his 
way to or from hunting, shall have a ferret in his possession, 
custody or control. 

6. Automobiles. No person shall take game from any 
automobile, vehicle, boat or craft of any kind propelled by any 
mechanical power. The presence of a person, possessed of a 
loaded fiream, in such automobile, vehicle, boat or craft, shall 
he prima facie evidence that he has violated the provisions of 
this section. 

7. Taking for Hire. No person shall take fish or game for 
wages or hire. 

8. Angling. Fish shall be taken only by angling unless 
otherwise specifically permitted. If a fish is unintentionally 
taken contrary to the prohibitions or restrictions contained in 
a provision of this title, such fish shall be immediately liber- 
ated and returned to the water without unnecessary injury. 

9. Prohibited Devices. Tip-ups, set and trap lines, spears, 
grappling hooks, naked hooks, snatch hooks, eel wires, eel pots 
and nets, shall not be used in any fresh waters of the state to 
take fish, unless otherwise specifically permitted. 



248 Chapter 124: 1 [1935 

Dogs 

10. Dogs. Every fish and game warden may kill a dog 
which he finds in the act of hunting, pursuing, or killing any 
game or protected bird during the closed season therefor, un- 
less such dog shall wear a collar having attached hereto a 
metallic tag or plate upon which shall be plainly inscribed the 
name and address of the owner and license number of such 
dog. Every fish and game warden may kill such dog, except 
as permitted in the following section, when seen hunting, pur- 
suing or killing game or protected birds, after notice in writ- 
ing from the director has been given to the person whose name 
appears on such collar, to the effect that the dog in question is 
in the habit of destroying or pursuing or following upon the 
track of such game during the closed season. Any person 
who shall knowingly or negligently or after written notice as 
provided herein, permit his dog to hunt, pursue or kill game 
and protected birds during the closed season, shall be liable to 
the penalty hereinafter provided. 

11. Training of Dogs. Permits will be issued in the dis- 
cretion of the director to anyone showing just cause, to allow 
the training of dogs, when accompanied by and under the con- 
trol of their owner or handler, upon any game or fur-bearing 
animals except deer, during the closed season on such game or 
fur-bearing animals ; provided that, during such period no fire- 
arms other than a pistol or revolver are carried, and no injury 
is inflicted upon such game or fur-bearing animals. 

Under control is hereby defined to mean within call, ex- 
cept when actually on a trail or track of game. 

12. Field Trials. Field trials for dogs may be held at such 
times, in such manner, and under such restrictions, as may be 
prescribed by the director. Any person wishing to hold a field 
trial shall first obtain a written permit from the person on 
whose land it is proposed to hold the trial, present the same 
to the director, and pay a fee of ten dollars. The director 
may thereupon issue a permit for such field trial. The direc- 
tor, or his duly authorized agent, shall supervise the holding 
of such field trial and enforce the terms of the permits there- 
for, and the rules and regulations for the conduct therefor. 
The director shall adopt such rules and regulations for the 
conduct of field trials as in his opinion are necessary to safe- 
guard the interests of the wild life of the state. 



1935] Chapter 124: 1 249 

Importing Wild Life 

13. Importing and Releasing Wild Life. No person shall 
bring or have brought into this state, or sell or release therein, 
from any other state or country, any living fish or the fry 
thereof, any living wild bird or the eggs thereof, or any liv- 
ing wild animal, without first procuring a permit from the di- 
rector so to do. 

Possession as Evidence 

14. . Possession of fish, protected birds, game and 

fur-bearing animals during the closed season therefor, except 
as specifically permitted in this title, shall be prima facie evi- 
dence that the same were unlawfully taken by the possessor. 

Disposition of Seizures 

15. Fish and Game, etc. All fish, birds and animals pro- 
tected by this title, found in the possession of any person and 
not legally taken, shall be seized and forfeited. All such fish, 
birds, and animals so forfeited shall be disposed of by a fish 
and game warden upon instructions from the director. 

16. Other Property upon Conviction. When a defendant 
is convicted of violating any of the provisions of this title, all 
fishing tackle, guns, shooting or hunting paraphernalia, traps, 
dogs, boats, decoys or other appliances and vehicles used in 
such violation, may be seized and held until the fine and costs 
imposed for the violation have been paid in full. 

Transportation 

17. Fish or Wild Game, by Residents. A resident of the 
state may transport, within the state, during the open season 
therefor, the number or limit of fish or game, except deer, 
that he may lawfully take in two days. If such fish or game 
be placed in the custody of a common carrier or transported 
in a package, said fish or game, or the package containing the 
same, shall have attached thereto a tag or label plainly marked 
with the kind and number of such fish or game, the name of 
the consignor, the name of the consignee, the point of ship- 
ment and the destination. 

18. , by Non-residents. A non-resident license holder 

may transport or have transported within the state, or from 
a point within the state to a point out of the state, the number 
or limit of fish or game, except deer, that he may lawfully 



250 Chapter 124: 1 [1935 

take in two days. If such fish or game be placed in the cus- 
tody of a common carrier or transported in a package, said 
fish or game, or the package containing the same, shall have 
attached thereto a tag or label plainly marked with the kind 
and number of such fish or game, the name of the consignee, 
the point of shipment and the destination. If such fish or 
game is presented to a common carrier, the agent of said com- 
mon carrier shall see that the license is properly endorsed be- 
fore accepting such fish or game for shipment. 

19. Special Permits. Any transportation of fish or game 
except deer, not provided for in this subdivision, shall be al- 
lowed only under the terms of a special permit issued by the 
director, provided that a child under sixteen years of age, 
hunting without a license but accompanied by a licensee 
twenty-one years of age or over, may transport fish or game, 
except deer, killed by him, by identifying it with a tag bear- 
ing his name, residence, and the date taken or killed, until 
such time as he may be able to secure a special permit from 
the director. 

Damage by Game 

20. Fruit Trees. A person who suffers damage to fruit 
trees from budding by game birds, shall, if he claims damages 
therefor, within ten days from the discovery thereof, and not 
later than April fifteenth of any year, except by special per- 
mission of the director, notify the director in writing of such 
damage. For any given orchard the filing of one claim shall 
cover all damage for the season, even though damage may 
occur subsequent to the filing of the claim. The director or 
his agent shall investigate such claim, determine whether such 
damage was caused by game birds, and appraise the amount 
thereof to be paid, as soon as practical after the budding 
ceases in the spring, and shall make a second appraisal just 
before the fruit crop is harvested. Within sixty days from 
the date of the second appraisal, the director shall present his 
certificate of the amount of his appraisal to the governor, 
who is authorized to draw his warrant upon the fish and game 
fund in payment therefor. 

21. Other Damage. A person who suffers loss or damage 
to annual crops, by game, shall, if he claims damages there- 
for, within ten days from the discovery thereof, notify the 
director in writing of such damage. The director Or his agent 



1935] Chapter 124: 1 251 

shall investigate such claim within thirty days from the re- 
ceipt by him of notice of such damage, determine whether such 
damage was caused by game, and appraise the amount there- 
of to be paid. The appraisal shall be made within sixty days 
from the receipt of the notice of damage; and the director 
shall present his certificate of the amount of his appraisal to 
the governor, who is authorized to draw his warrant upon the 
fish and game fund in payment therefor. 

22. Appeal. If the person sustaining the damage is dis- 
satisfied with the finding of the director, either as to the cause 
of the damage or the amount thereof, he may appeal there- 
from within thirty days of the receipt by him of notice there- 
of, by filing a statement to that effect with the director, and 
his damages shall thereupon be determined as to the cause 
and the amount by an impartial board of three men designated 
by the governor. 

23. , Non-action. If the director fails to make the 

investigation or determine the cause of damage or the amount 
thereof, within the periods herein provided, an appeal in like 
manner shall lie to said board provided in the preceding sec- 
tion. The decision of this board shall be final. 

24. Killing by Land Owner. A person may pursue, wound 
or kill, on land owned or occupied by him, any game, fur-bear- 
ing animal or vermin which he finds in the act of doing actual 
and substantial damage to his property, and he may authorize 
a member of his family or a person employed by him to do so. 

25. , Notice. The person by whom or under whose 

direction any game or fur-bearing animal is wounded or killed, 
shall, within twelve hours, report all facts relative thereto, to 
the nearest fish and game warden or to the director. Such 
report shall state the time and place of wounding or killing 
and the nature and amount of property destroyed. 

26. , Investigation. The fish and game warden who 

receives such notice shall immediately investigate the report 
and satisfy himself whether the game or fur-bearing animal 
has been wounded or killed, as reported. 

27. Disposition of Game, etc., Killed. Any game or fur- 
bearing animal killed or wounded as provided in this sub- 
division shall, in the discretion of the director, be returned 
to the person who killed the same or be given to some chari- 
table institution. 

28. Rights Reserved. The provisions of this subdivision 



252 Chapter 124: 1 [1935 

shall not impair the constitutional rights of persons to pro- 
tect themselves or their property from injury or destruction 
by wild birds, game, or fur-bearing animals, protected by the 
laws of this state. 

Season Closed by Proclamation, etc. 

29. Declaring. The governor and council, upon the joint 
recommendation of the director and the state forester, when, 
in their opinion, the danger of starting fires in the woodlands 
of the state, during periods of protracted drouth or excessive 
dryness requires extraordinary precautions, may, by official 
proclamation, declare any or all of the woodlands of the state 
closed to hunters, fishermen, trappers and other persons whose 
presence in such woodlands might create a fire hazard under 
the circumstances, for such time as they may designate. 

30. Woodland. Woodland includes cut-over land, slash, 
and such other land as bears a sufficient amount of wood 
growth, wood, weeds, grass or other growth as to be likely 
to be burned over. 

31. Notice. Such proclamation shall be published in two 
or more newspapers of the state, and shall be posted in such 
places and in such manner as the governor may order. 

32. Violations. No person shall drop a lighted cigarette, 
lighted cigar, lighted match or other article likely to cause 
fire, within two hundred yards of any woodlands during the 
time such woodlands are closed by such proclamation. 

Trespasses and Shooting Human Beings in Mistake 

33. Injuring Property. No person shall tear down or de- 
stroy any fence or wall, or leave open any gate or bars, or 
trample or destroy any crop, on land of another person, while 
taking, trapping, hunting, or pursuing any fish, game or fur- 
bearing animal. 

34. Shooting Human Beings in Mistake. Any person who 
shall shoot at a human being in mistake for game or any wild 
animal, and through such shooting shall wound or kill such 
human being, shall be fined not more than one thousand dol- 
lars, or imprisoned not more than two years, or both, and in 
addition thereto his license shall be revoked for a period of five 
years. 

35. Publication. The director shall publish the two pre- 
ceding sections in all pamphlet editions of the fish and game 
laws issued by him. 



1935] Chapter 124: 1 253 

Bounties 

36. . Any person who shall kill in this state any- 
wild cat of the species known as bobcat, or lynx, may deliver 
the carcass thereof, in the same condition as when killed, to 
any fish and game warden or the director, with a sworn state- 
ment that it was killed in this state within forty-eight hours, 
and giving the date and place of the killing thereof, and upon 
request, shall accompany the warden to the precise spot where 
the same was killed. Said fish and game warden shall there- 
upon report to the director, who, being satisfied that the same 
was killed in this state, shall certify the killing to the gover- 
nor. The governor is hereby authorized to draw his warrant 
upon the fish and game fund for the payment of twenty dol- 
lars for each bobcat or lynx so killed, reported and certified. 
The ears of such animal shall be punched by said fish and 
game warden with a punch to be furnished to him for the pur- 
pose by the director. If the animal is a lynx, the carcass with 
the pelt thereon shall be returned to its killer. If the animal 
is a bobcat, the warden shall cause the skin to be removed from 
the carcass and shall forward the skin to the director. The 
director shall sell such skins and return all moneys received 
therefor to the state treasurer to be credited to the fish and 
game fund. 

37. . The same procedure for collecting bounties 

shall be followed in the case of the killing of a bobcat or lynx 
by a party of bobcat hunters, except that if such party shall 
previously notify a fish and game warden in writing that on a 
certain date they are going on a bobcat hunting trip, in a cer- 
tain place for a certain number of days not exceeding six, such 
party may deliver the carcass with the required sworn state- 
ment to said fish and game warden immediately upon their 
return. 

38. Fraud. Any person who shall take oath to a false and 
material fact to collect, or in attempting to collect, such pay- 
ment provided in this subdivision, shall be fined not more 
than one hundred dollars. 

39. Trapping. No person shall set traps for bobcat or lynx 
between August twentieth and October twentieth. 

Closing Waters to Protect Ice 

40. By Director. Upon application of any person inter- 
ested in the cutting or harvesting of ice for domestic or com- 



254 Chapter 124: 1 [1935 

mercial purposes in any of the public ponds, rivers or lakes, 
the director may, upon hearing, close to ice fishing, for such 
period of time as he may order, the whole or a part of any 
such waters as he may deem necessary to protect the crop of 
ice thereon while the same is being formed, cut and harvested. 

41. Notice. The director shall give notice of such hearing 
by posting notice thereof, stating the time and place of such 
hearing and the purpose thereof, at least five days before the 
date thereof, in at least three public places in the town or 
towns where such waters are located. 

42. Expense. The expense of separating, by suitable 
marks, monuments or boundaries, the area on which ice is to 
be harvested, shall be borne by the petitioner. 

Foreign Sporting Clubs 

43. Rights Limited. No foreign corporation, association, 
club or similar organization shall hold or acquire property in 
New Hampshire for the purpose of hunting, fishing, sporting 
or recreation, without first becoming incorporated in this state. 
Before becoming incorporated in this state, the purposes of 
such corporation shall be approved by the director. 

44. Injunctions. The superior court shall have power by 
injunction or other appropriate process to restrain any cor- 
poration, association, club or other similar organization, and 
any member, servant or agent thereof, from occupying, using 
or enjoining any property held or acquired in this state in 
violation of the provisions of the preceding section. 

45. Exceptions. Nothing in this title shall repeal any 
special laws of the state relating only to the Blue Mountain 
Forest Association. 

Penalties 

46. . A person who violates a provision of this chap- 
ter shall be fined as follows: For each violation of sections 2 
to 9 inclusive ten dollars and five dollars additional for each 
fish, bird or animal or part thereof bought, sold, offered for 
sale, taken, possessed, transported or had in possession for 
sale or transportation contrary to the provisions thereof; for 
each violation of sections 10, 11, 12, 13, 17, 18, 19, 25, 32 and 
33 not more than fifty dollars ; for each violation of section 39 
ten dollars ; for each violation of any rule or regulation of the 
director, except as otherwise provided in this title, ten dollars ; 
and for each violation of any provision of this title for which 
a penalty is not otherwise provided ten dollars. 



1935] Chapter 124: 2 255 

2. New Chapter. Amend chapter 198 of the Public Laws 
as amended by chapters 55 and 90, Laws of 1927, chapters 57, 
77, 152 and 153, Laws of 1929, chapters 33, 39, 40, 113 and 
154, Laws of 1931 and chapters 91 and 117 of the Laws of 
1933 by striking out said chapter and inserting in place there- 
of the following new chapter: 

CHAPTER 198 

GAME ANIMALS 



Section 

1. Moose, caribou, elk. 

2. Taking deer. 

3. With shotguns. 

4. Limit, manner. 

5. Possession of jacks, etc. 

6. Possession of wild deer. 

7. Lumber camps. 

8. Transportation of deer. 



Section 
9. Transportation by non-resi- 
dents. 

10. Special permit. 

11. Possession. 

12. Deer coupons, non-residents. 

13. Residents. 

14. Taking hares and rabbits. 

15. Taking gray squirrels. 

16. Penalties. 



Moose, Caribou, Elk 

1. . No person shall, at any time, hunt, take, or have 

in his possession, any moose, caribou, or elk, or any part of 
the carcass thereof, taken in this state. 

Deer 

2. Taking, Time. Wild deer, outside of private game pre- 
serves, may be hunted and taken after six a. m. and before five 
p. m. in the counties of Coos and Grafton from November first 
to December first, and in all other counties in the state from 
December first to December sixteenth. 

3. , Shotguns. Wild deer shall not be taken by the 

use of any firearm other than a shotgun loaded with a single 
ball or loose buckshot within the counties of Hillsborough, 
Merrimack, Belknap or Rockingham, with the following ex- 
ceptions: 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, Chichester, Wilmot, Dan- 
bury, Canterbury, Hill, New London, Sutton, Bradford, War- 
ner, Salisbury, Newbury, Webster, Allenstown, Loudon, Pitts- 
field, Epsom, Boscawen, Hopkinton, Dunbarton, Bow, North- 
field, the eastern part of the town of Hooksett bounded on the 
northeast by Allenstown, east by Deerfield, southeast by Can- 
dia, and west by the old Portsmouth Railroad, and Henniker 



256 Chapter 124: 2 [1935 

in the county of Merrimack ; 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, Deerfield, Northwood, Nottingham, Raymond 
and Epping in the county of Rockingham. 

4. Limit, Manner. No person shall take more than one 
deer in any one season. No person shall hunt or take deer 
with the aid or by the use of a dog, jack, or other artificial 
light, trap, snare, salt lick, swivel, pivot or set gun. No per- 
son shall drive deer by the use of horns, whistles, or other 
noise making devices. 

5. Possession of Jacks, etc. No person shall have in his 
possession while hunting deer, any jack or artificial light, 
swivel, pivot, or set gun. Any person convicted of illegal 
night hunting shall forfeit such firearms, jacks, or any other 
equipment used or usable in the illegal night hunting at the 
time of such violation, including any vehicle in which the same 
is being transported. 

6. Possession of Wild Deer. Wild deer, or any part of the 
carcass thereof, lawfully taken may be possessed for ten days 
after the close of the season, and not otherwise except as per- 
mitted by the director. Possession of wild deer or any part 
of the carcass thereof otherwise than during the open season 
and ten days thereafter, except as permitted by the director, 
shall be prima facie evidence that the same was unlawfully 
taken. A person may bring into and possess in this state deer 
lawfully taken in another state, provided such person shall 
obtain from the director within ten days after bringing such 
deer into this state a permit to possess such deer. 

7. Lumber Camps. No owner or keeper of any camp, 
house, or other building, used partly or wholly in lumbering 
operations, and no person connected with or employed in or 
about such camp, house, or building, shall use, consume, per- 
mit to be served as food, store or have in possession at any 
time, in, at, or about such camp, house, or building, any deer 
or part thereof. 

Transportation of Deer 

8. Transportation of Deer. A resident of the state may 
transport within the state, during the open season therefor 
and for ten days thereafter, a deer legally taken, when open 
to view, and to which the deer coupon on his license has been 



1935] Chapter 124: 2 257 

attached, as provided in sections 12 and 13 hereof. If said 
deer or carcass thereof be placed in the custody of a common 
carrier, it shall, in addition to said coupon, have attached 
thereto a tag plainly marked with the name of the consignor, 
the name of the consignee, the point of shipment, and the des- 
tination. 

9. , by Non-residents. The holder of a non-resident 

license may transport within the state or from a point within 
the state to a point outside the state, a deer legally taken by 
him, when open to view, and to which a deer coupon has been 
attached, as provided in section 12 hereof. If such deer or 
carcass thereof be placed in the custody of a common carrier, 
it shall, in addition to said coupon, have attached thereto, a 
tag plainly marked with the name of the consignor, the name 
of the consignee, the point of shipment, and the destination. 
The agent of said common carrier shall see that the coupon 
attached to said deer, or carcass thereof, bears the same num- 
ber as the license held by the licensee. 

10. , Special Permit. Any transportation of deer not 

covered in the preceding section shall be allowed only under 
the terms of a special permit, signed by the director, except 
that a child under sixteen years of age, hunting without a li- 
cense but accompanied by a licensee twenty-one years of age 
or over, may transport a deer killed by him, by identifying it 
with a tag bearing his name, residence, and the date shot, 
until such time as he is able to secure a special permit from 
the director. 

11. Possession. The possession of a deer or any part 
thereof by a person or common carrier, otherwise than as here- 
in prescribed, shall be prima facie evidence that such person 
or common carrier is guilty of a violation of the provisions of 
this subdivision. 

Deer Coupons 

12. By Non-residents. Each hunting license shall be pro- 
vided with a coupon which shall be divided into two sections, 1 
and 2. The holder of a non-resident license shall, upon kill- 
ing his deer, fill out and attach to the carcass section 2 of the 
coupon. Within ten days after the killing, he shall fill out 
and mail to the office of the director section 1 of the coupon. 
Section 2 shall remain attached to the deer, or carcass there- 
of, as long as said deer or carcass shall remain in the state, 



258 Chapter 124: 3 [1935 

and the owner shall be entitled to transport the same or have 
it transported as provided in section 9 hereof. 

13. By Residents. A resident licensee shall use his li- 
cense coupon as provided in the preceding section, and shall 
thereupon be entitled to transport the carcass of any deer so 
tagged, or to have it transported, between points within the 
state. 

Hares and Rabbits 

14. Taking, Limit. Hares and rabbits may be taken and 
possessed from October first to February first. No person 
shall take more than three hares and five cotton-tail rabbits 
in one day, and the total number of hares and cotton-tail rab- 
bits taken in one day shall not exceed five. No person shall 
take hares and rabbits by the use of a snare. 

Gray Squirrels 

15. Taking; Limit. Gray squirrels may be taken and pos- 
sessed from October first to November first. No person shall 
hunt or kill gray squirrels within the thickly settled part of 
any village or city, or within the limits of any public park or 
cemetery. No person shall take more than five gray squirrels 
in one day. 

Penalties 

16. . A person who violates a provision of this chap- 
ter shall be fined as follows: For each violation of section 1, 
not more than two hundred dollars ; for each violation of sec- 
tions 2 to 13 inclusive, not more than one hundred dollars ; and 
for each violation of sections 14 and 15, not more than ten 
dollars, and not more than five dollars additional for each rab- 
bit, hare, or gray squirrel taken, or possessed, contrary to the 
provisions thereof. 

3. New Chapter. Amend chapter 199 of the Public Laws, 
as amended by chapter 43, Laws of 1927, and chapter 34, 
Laws of 1931, by striking out the entire chapter and insert- 
ing in place thereof the following new chapter: 

CHAPTER 199 
GAME BIRDS 

Section | Section 

1. Grouse; woodcock; snipe. I 6. Protected birds. 

2. Pheasants. 7. Nests. 

3. Wood ducks, plover and 8. Trapping, etc. 

quail. 9. Sale. ♦ 

4. Migratory game birds. 10. Pigeons. 

5. Taking migratory game 11. Penalties. 

birds. 



1985] Chapter 124: 3 259 

1. Grouse; Woodcock; Snipe. Ruffed grouse, commonly 
called partridge, may be taken and possessed from October 
first to December first. No person shall take more than four 
ruffed grouse in one day, nor more than twenty-five in one 
season. Woodcock and snipe may be taken and possessed 
during such time, and in such manner and numbers as may be 
prescribed by regulations promulgated under the Federal Mi- 
gratory Bird Treaty Act, so called. 

2. Pheasants. Male pheasants may be taken and pos- 
sessed except in the counties of Coos and Carroll from No- 
vember first to November eleventh. No person shall take 
more than two male pheasants in one day nor more than six 
male pheasants in one season. 

3. Wood Ducks, etc. There shall be no open season for 
wood duck, European partridge, upland plover and quail. 

4. Migratory Game Birds. Anatidae or waterfowl, in- 
cluding wild ducks and geese ; Rallidae or rails, including coot 
and gallinules; Limicolae or shore birds, including plover, 
snipe, woodcock and yellow legs; and Columbidae or pigeons, 
including doves, are declared to be migratory game birds. 

5. Migratory Game Birds; Taking. No person shall hunt, 
capture, kill, take, possess, buy, or sell any migratory game 
bird or part thereof, except during such time and in such man- 
ner and numbers as may be prescribed by regulations promul- 
gated under the provisions of the Federal Migratory Bird 
Treaty Act, an act of Congress approved July 3, 1918, which 
regulations are hereby made a part of the game law of this 
state, 

6. Protected Birds. No person shall hunt, capture, kill, 
take, possess, buy, or sell any protected bird or part thereof. 

7. Nests. No person shall take, or have in possession or 
under control, or wantonly interfere with or destroy, any nest 
or eggs of any game birds or protected birds. 

8. Trapping, etc. No wild bird or bird for which a closed 
season is provided shall be trapped or snared or, if so taken, 
possessed. Any trap, snare, or other device in which any 
bird may be taken is declared to be a public nuisance, and may 
be summarily destroyed or abated by any person. The pro- 
visions of this section shall not apply to the setting of a trap 
on a pole for the purpose of taking unprotected birds under a 
permit issued by the director. 

9. Sale. The dead bodies of birds for which a closed sea- 



260 Chapter 124 : 4 [1935 

son is provided, shall not be sold, offered for sale, or possessed 
for sale, within this state, whether taken within or without 
the state, except as permitted to duly authorized game 
breeders. 

10. Pigeons. No person shall take or interfere with any 
Antwerp or homing pigeon having the name of its owner 
stamped upon its wing or tail, or wearing a ring or leg band 
with its registered number stamped thereon, or any other dis- 
tinguishing mark; nor shall any person remove such distin- 
guishing mark from any such pigeon. 

Penalties 

11. . A person who violates any provision of this 

chapter shall be fined not more than fifty dollars. 

4. New Chapter. Amend chapter 200 of the Public Laws 
as amended by chapters 24, 25, 26, 42, 65, 66 and 86, Laws of 
1927, chapters 23, 24, 25, 26, 78, 79, 81, 82, 95, 151, 154 and 
155, Laws of 1929, chapters 32, 44, 45, 46, 53, 54, 55, 56, 57, 
65, 72, 73, 78, 101, 142, 143 and 166, Laws of 1931, and chap- 
ters 18, 19, 20, 33, 34, 52, 57, 92, 93, 103, 111, 128, Laws of 
1933, by striking out the entire chapter and inserting in place 
thereof the following new chapter: 

CHAPTER 200 

FUR-BEARING ANIMALS 



Section 

8. Disturbing traps of another. 

9. Protection of bear traps. 

10. Spring guns. 

11. Snares, etc. 

12. Damage to domestic ani- 

mals. 

13. Penalties. 



Section 

1. Taking fur-bearing animals. 

2. Fox. 

3. Raccoons. 

4. Beaver, sable, fisher and 

marten. 

5. Muskrat house, dens, etc. 

6. Setting traps and snares. 

7. Visiting traps. 

1. Taking. Otter, mink, skunk, or muskrat may be taken 
and possessed from November first to February first. 

2. Fox. Fox may be taken and possessed with the aid or 
by the use of a dog and gun from October first to February 
first, and by the use of traps from November first to Febru- 
ary first. No person shall take more than ten foxes in one 
season. 

3. Raccoons. Raccoons may be taken and possessed in 
all the counties of the state, with the aid or by the use of a 
dog and gun from October first to December first, and by the 



1935] Chapter 124: 4 261 

use of traps from November first to January first. No person 
shall take more than three raccoons from twelve noon of one 
day to twelve noon of the following day, nor more than ten 
raccoons in one season. No person shall hunt raccoons at 
night by the use of a rifle larger than twenty-two calibre long, 
or a pistol or revolver larger than thirty-two calibre, or by 
the use of shotgun shells carrying shot larger than number 
two. 

4. Beaver, etc. There shall be no open season for beaver, 
sable, fisher and marten. No person shall destroy or disturb 
or interfere in any manner with the dams or houses of bea- 
vers, without first obtaining a special permit from the direc- 
tor. 

5. Muskrat House, Dens, etc. No person shall at any time 
destroy or injure a muskrat house, or place a trap within 
twenty-five feet thereof. No person shall at any time injure 
or destroy the house, den or burrow, used by any game animal 
or fur-bearing animal. 

Traps and Snares 

6. Setting. No person shall set or arrange any trap upon 
any land of which he is not the owner or occupant, until he 
shall have secured from the owner or occupant a permit in 
writing signed by said owner or occupant, and until he shall 
have filed with the director a copy thereof, together with a 
description of the land on which trapping is to be done. All 
metal traps shall have stamped or engraved thereon, in a leg- 
ible and permanent manner, the name of the person setting 
them. No person shall set or arrange any trap in a public 
way, cart road, or path, commonly used as a passage way by 
human beings or domestic animals. 

7. Visiting. A person shall visit his traps at least once in 
every twenty-four hours. 

8. Disturbing Traps of Another. No person shall disturb 
the trap of another, nor take a fur-bearing animal from the 
trap of another unless specifically authorized so to do by the 
owner. Any person taking a fur-bearing animal from a trap 
set by another shall be deemed guilty of the larceny of per- 
sonal property and punishable accordingly. 

9. Protection of Bear Traps. A person who sets or causes 
to be set a bear trap for the protection of his live stock, shall 
build in a suitable manner and maintain, three quarters around 



262 Chapter 124: 5 [1935 

the same, a railing or guard, not less than three feet high, 
shall protect the entrance to such enclosure against domestic 
animals by placing a pole horizontally across such entrance at 
the height of three feet from the ground, and shall post not 
less than two signs with the words Bear Trap thereon in let- 
ters not less than three inches in height, on such railing or 
guard. 

10. Spring Guns. No person shall set or use at any time 
any device, the object of which is to discharge a firearm, for 
the purpose of taking game or fur-bearing animals. 

11. Snares, etc. No person shall use a snare, poison, ex- 
plosives, chemicals, smoke out or dig out any den or house of 
any kind, or cut den trees, for the purpose of taking or killing 
fur-bearing animals. 

12. Damage to Domestic Animals. Any person causing 
injury or damage to domestic animals by the aid or use of 
traps, shall be liable to the owner therefor. 

Penalties 

13. . A person who violates a provision of this chap- 
ter shall be fined as follows : Not more than ten dollars, and 
not more than five dollars additional, for each otter, mink, 
muskrat, skunk, raccoon, or fox taken or possessed contrary 
to the provisions hereof, and not more than fifty dollars addi- 
tional for each beaver, sable, fisher, or marten so taken or 
possessed; provided that a person violating section 10 shall 
be fined not more than five hundred dollars and shall be liable 
for twice the amount of the damage caused by his act, to be 
recovered by the person sustaining the injury or loss. 

5. New Chapter. Amend chapter 201 of the Public Laws 
as amended by chapter 27, Laws of 1927 and chapter 118, 
Laws of 1929, by striking out the entire chapter and insert- 
ing in place thereof the following new chapter: 



1985] 



Chapter 124: 5 



263 





CHAPTER 201 




FISH 




Section 


Section 


1. 


Brook trout. 


21. 


Ice fishing. 


2. 


Salmon. 


22. 


Trolling. 


3. 


Lake trout. 


23. 


Selling fry. 


4. 


Aureolus; limit. 


24. 


Fertilizer. 


5. 


Salmon; lake trout; limit. 


25. 


Bait prohibited. 


6. 


Taking. 


26. 


Penalties. 


7. 


Black bass. 


27. 


Salt water smelt. 


8. 


Muscallonge. 


28. 


Nets. 


9. 


Pike perch. 


29. 


Cod. 


10. 


White perch. 


30. 


Lobsters. 


11. 


Yellow perch. 


31. 


Who may take. 


12. 


Pickerel. 


32. 


Licenses for taking. 


13. 


Shad; whitefish. 


33. 


Interference with lobster 


14. 


Horned pout. 




pots. 


15. 


Smelt. 


34. 


Oysters. 


16. 


Poison; explosives. 


35. 


Limit. 


17. 


Obstructions. 


36. 


Conch. 


18. 


Nets; traps. 


37. 


Clams. 


19. 


Drawing water. 


38. 


Penalties. 


20. 


Prohibited devices. 







Trout, Salmon, and Lake Trout 

1. Brook Trout. Brook trout may be taken and possessed 
from May first to September first, and during the month of 
September by the use of artificial flies only, in Coos, Grafton 
and Carroll counties. Brook trout may be taken and pos- 
sessed from May first to August first, and during the month 
of August by the use of artificial flies only, in all of the other 
counties in the state. No person may take or possess brook 
trout less than six inches in length. No person may take 
more than twenty-five in number nor more than five pounds 
in weight when taken, in one day provided so long as he has 
taken less than five pounds he shall be entitled to one addi- 
tional fish. No person may have in his possession at one time 
a total of more than two days' legal catch of brook trout. 

2. Salmon. Salmon not less than twelve inches in length 
may be taken and possessed from Big Diamond pond, Umba- 
gog lake, and the Connecticut and Androscoggin rivers, and 
not less than fifteen inches in length from all other waters of 
the state, from April fifteenth to September first, and during 
the month of September by the use of artificial flies only. 

3. Lake Trout. Lake trout not less than twelve inches in 
length may be taken and possessed from Big Diamond pond. 
Big Greenough pond, and Stinson lake, and not less than fif- 
teen inches in length, from all other waters of the state, from 



264 Chapter 124: 5 [1935 

January first to September first, and during the month of Sep- 
tember by the use of artificial flies only. 

4. Aureolus; Limit. Aureolus, or golden trout, not less 
than ten inches in length, may be taken and possessed from 
April fifteenth to September first. A person may take not 
more than four Aureolus in one day. 

5. Salmon; Lake Trout; Limit. A person may take not 
more than two fish, whether salmon or lake trout, and three 
or more persons fishing from a boat may take a total number 
of not more than six fish, whether salmon or lake trout in one 
day; and for the purposes hereof, every person in a boat, 
when any violation of this section takes place, or when more 
than six such fish shall be found in such boat, shall be re- 
garded as principals, and each shall be liable for the penalty 
hereinafter prescribed. 

6. Taking. The taking of any of the species mentioned in 
this subdivision between two hours after sunset and one 
hour before sunrise is prohibited. The taking of any of the 
species mentioned in this subdivision, except lake trout, when- 
ever the water shall be covered or substantially covered with 
ice, during the open season, is prohibited. 

Other Fish 

7. Black Bass. Black bass not less than nine inches in 
length may be taken and possessed from July first to Novem- 
ber first. A person may take in one day a total of not more 
than ten pounds of black bass provided, however, that so long 
as he has taken less than ten pounds he shall be entitled to 
one additional fish. 

8. Muscallonge. Muscallonge may be taken and possessed 
from June first to November first. 

9. Pike Perch. Pike perch not less than ten inches in 
length may be taken and possessed from June first to Novem- 
ber first. 

10. White Perch. White perch not less than seven inches 
in length may be taken and possessed from June first to No- 
vember first. A person may take a total of not more than 
ten pounds of white perch in one day, provided so long as he 
has taken less than ten pounds he shall be entitled to take one 
additional fish. 

11. Yellow Perch. A person may take a total of not more 
than forty yellow perch or ten pounds of yellow perch in one 



1985] Chapter 124: 5 265 

day provided that so long as he has taken less than ten pounds 
he shall be entitled to take one additional fish. 

12. Pickerel. Pickerel not less than twelve inches in 
length may be taken and possessed from June first to Janu- 
ary sixteenth. A person may take not more than ten pounds 
of pickerel in one day, provided, however, that so long as he 
has taken less than ten pounds he shall be entitled to one ad- 
ditional fish. 

13. Shad; Whitefish. Shad, whitefish, or bluefins, may be 
taken and possessed from January first to September first. A 
person may take a total number of not more than twelve shad, 
whitefish, or bluefins in one day. 

14. Horned Pout. Horned pout, commonly called catfish, 
may be taken and possessed from June first to November first. 
A person may take not more than forty horned pouts between 
twelve o'clock noon in one day and twelve o'clock noon of the 
following day. 

15. Smelt. Fresh water smelt may be taken and possessed 
by means of a dip net, held in hand, or for bait by means of a 
circular drop net not more than forty-eight inches in diameter. 
A person may take a total of not more than ten pounds of 
fresh water smelt between twelve o'clock noon in one day and 
twelve o'clock noon of the following day. They may be 
bought and sold only for use as bait. 

Miscellaneous Provisions 

16. Poison; Explosives. No person shall take any fish by 
the use of any poisonous, stupefying or explosive substance. 
Possession of any such substance by any person on the waters, 
shore, or islands of this state, except for mining or mechanical 
purposes, shall be prima facie evidence that the same is pos- 
sessed for use in violation of the provisions of this section. 

17. Obstructions. No person shall, by means of a rack, 
screen, weir or other obstruction, in any stream or river, or 
the inlet or outlet of a public pond, prevent the passage of fish. 

18. Nets; Traps. A dip net held in hand may be used to 
assist in the taking of fish attached to a hook. A circular 
drop net, not more than forty-eight inches in diameter, may 
be used for taking minnows for bait, from waters not inhab- 
ited by trout. Minnow traps may be set for taking minnows 
for bait, in waters inhabited by trout, provided that no such 
trap shall exceed eighteen inches in length, and that the aper- 



266 Chapter 124: 5 [1935 

ture therein for the entrance of fish shall not exceed one inch 
in diameter. 

19. Drawing Water. No person shall take fish by shut- 
ting or drawing off water. 

20. Prohibited Devices. No person shall use, have in his 
possession for use, or furnish for another's use, for taking 
fish in the fresh waters of this state, except as specifically 
permitted in this title, a net of any kind or description, set 
line, fishing otter, trawl, grapple, spear, jack, jack light or 
electrical or other device for killing or stunning .fish. A per- 
son found on any such waters of this state, or the shores or 
islands thereof, having in his possession any of the aforesaid 
devices, shall be prima facie guilty of a violation of the pro- 
visions of this section. Such devices are declared to be public 
nuisances and may be summarily seized and destroyed by any 
person. The provisions of this section shall not apply to the 
director or any person acting under his direction. 

21. Ice Fishing. Lake trout, perch, shad, whitefish, pick- 
erel and cusk may be taken through the ice during the open 
season therefor, with hook and line, tip-ups, or bobs; but no 
person shall have in use or control at the same time more than 
six lines, tip-ups or bobs, and such person shall be present and 
have personal control over the same, except that ten such de- 
vices for taking cusk, marked with the name of the owner, 
may be set and left unattended. Nothing in this section shall 
be construed as prohibiting fishing for lake trout or shad, 
through the ice, with one line in hand, in addition to ten such 
unattended cusk lines. No person shall take more than two 
lake trout through the ice in one day. 

22. Trolling. A person may troll for salmon and lake trout 
from April fifteenth to September first. No person shall troll 
with the aid of a boat propelled by mechanical power in Lake 
Winnipesaukee, including that part of said lake called Lake 
Paugus, Lake Winnisquam, Big and Little Squam lakes, and 
Newfound lake, between July first and September first. 

23. Selling Fry. No person shall buy, sell, offer for sale, 
carry beyond the limits of the state, or place in private waters, 
any fish or fry entrusted to his care by the director for dis- 
tribution in the waters of this state. 

24. Fertilizer. No person shall take or use any species of 
fish except suckers for fertilizer. 

25. Bait Prohibited. No person shall use carp or goldfish 



1935] Chapter 124: 5 267 

as live bait when fishing in any waters of this state. Pos- 
session of live carp or goldfish while fishing shall be prima 
facie evidence of a violation of this section. No person shall 
use shad or whitefish for bait for cusk. 

Penalties 

26. . A person who violates a provision of the pre- 
ceding sections shall be fined as follows: For each violation 
of sections 1 to 15 inclusive, not more than ten dollars, and 
not more than five dollars for each fish taken, possessed, 
bought or sold in violation thereof; of sections 16 to 20 in- 
clusive, not more than fifty dollars; of section 21, not more 
than ten dollars, and not more than five dollars for each fish 
taken, possessed, bought or sold in violation thereof. 

Salt Water Fish; Crustaceans; Mollusks 

27. Salt Water Smelt. No person shall take salt water 
smelt from the Piscataqua river and its tributaries, the Exeter 
river and its tributaries, and Great Bay and Greenland Bay, 
from April fifteenth to July first. Salt water smelt may be 
bought and sold during the open season therefor. 

28. Nets. No person shall use or have in use a seine, weir, 
or net for the taking of smelt in the Piscataqua river and its 
tributaries, easterly of an imaginary line drawn from the 
easterly end of the Portsmouth and Concord bridge to Adam's 
Point in Durham. 

29. Cod, etc. No person shall use a trawl for the taking 
of codfish in the Piscataqua river or its tributaries north of 
the Portsmouth bridge. No person shall use a purse seine or 
beam trawl for the taking af cod, haddock, pollack, hake, or 
flounders along the shores of the Atlantic ocean between Rye 
ledges and the Massachusetts line. 

30. Lobsters. No person shall take, preserve, have in his 
possession, or offer for sale any female lobster carrying spawn, 
or any lobster of a length less than three and one-sixteenth 
inches measuring from the rear of the eye socket along a line 
parallel to the center Kne of the body shell to the rear end 
of the body shell. 

31. , Who May Take. No person shall take lobsters 

from the waters of New Hampshire unless he is and has been 
for six months, a resident of this state. 

32. , Licenses. No person shall at any time place, 



268 Chapter 124: 5 [1935 

set, keep, maintain, supervise, lift, raise or draw in, from any 
waters under the jurisdiction of this state, any pot, trap, 
warp, or other device used in taking lobsters, without first 
procuring a special license so to do ; nor during the time from 
sunset to one hour before sunrise. Such license shall be is- 
sued by the director, under such rules and regulations and in 
such form as may be prescribed by him, upon the payment of 
one dollar. 

33. Interference with Lobster Pots. No person shall take 
up or in any way interfere with a lobster pot, nor take, re- 
move or carry away from any beach or shore any lobster net, 
or warp or buoy thereof, without the authority of the owner 
thereof. 

34. Oysters. No person shall at any time take oysters 
from Great Bay or its tributaries, Little Bay, or Durham river, 
unless he is a resident of the state. No person shall take 
oysters during the months of June, July, and August, or 
through the ice, or in any manner other than by the use of 
hand tongs. 

35. , Limit. No person shall take more than one 

bushel of oysters from said waters in one day, unless said 
oysters have been bedded in said waters by the person tak- 
ing the same. 

36. Conch. No person shall taRe conch or winkles except 
for consumption or use by residents of this state; provided, 
however, that this section shall not apply to Hampton river 
or its tributaries. 

37. Clams. A town may, at any annual or special meet- 
ing, vote to regulate the taking of clams within its limits, may 
make reasonable rules and regulations restricting the sale 
and consumption thereof, and may authorize its officers to 
issue permits in accordance with such rules and regulations. 

38. Penalties. A person who violates a provision of this 
subdivision shall be fined as follows: For each violation of 
sections 27, 28, and 29, not more than fifty dollars ; of section 
30, not more than five dollars, and not more than five dollars 
additional for each lobster taken or possessed in violation 
thereof; of section 31, not more than one hundred dollars; of 
sections 32 and 33, not more than fifty dollars ; of sections 34 
to 37 inclusive, not more than ten dollars. 



1935] 



Chapter 124: 6 



269 



6. New Chapter. Amend chapter 202 of the Public Laws, 
as amended by chapter 157, Laws of 1929, chapter 64, Laws 
of 1931, and chapters 35, 82 and 83, Laws of 1933, by strik- 
ing out the entire chapter and inserting in place thereof the 
following new chapter: 

CHAPTER 202 

PROPAGATION OF FISH AND GAME 



Section 

1. Acquisition. 

2. Condemnation. 

3. Location; board to assess 

damages. 

4. Procedure. 

5. Appeal. 

6. Payment. 

7. Title and control. 

8. Purchase price. 

9. Sale and exchange. 

10. Use of lands. 

11. State fish and game refuges, 

establishment. 

12. Boundary lines; notices. 

13. Maintenance of public 

hunting and fishing 
grounds. 



Section 

14. Rules and regulations. 

15. Penalty. 

16. Propagation of fish 

game by the state. 

17. Sale. 

18. Accounts. 

19. License for propagation. 

20. Application. 

21. Premises used. 

22. Authority under license. 

23. Identification. 

24. Reports by licensee. 

25. Rights protected. 

26. Penalty. 



and 



Acquisition 

1. Acquisition. The state may acquire title to or control 
of lands or waters, or hunting or fishing or other rights on 
private lands or waters, suitable for the protection and propa- 
gation of fish, game and fur-bearing animals, or for fishing 
or hunting or administrative purposes, by purchase, lease or 
gift. 

2. Condemnation. Whenever, in the opinion of the gov- 
ernor and council, it becomes expedient for the state to own 
any lands, or water rights, that are needed by the state for 
the protection and propagation of fish, and when it is unable 
to purchase the same for a reasonable price, it may enter 
upon and take the same in the manner following. 

3. Location; Board. They shall cause to be filed in the 
office of the secretary of state, and also in the oflfice of the 
clerk of the town or towns in which said lands or property are 
located, and cause to be recorded in the registry of deeds in 
the county, an accurate description thereof, with reference to 
permanent bounds upon the land, accompanied by a correct 
plan of the same, and shall appoint a board of three disinter- 



270 Chapter 124: 6 [1935 

ested citizens of the state to assess the damages to the owner 
by reason of the taking thereof. 

4. Procedure. Said board shall thereupon appoint a hear- 
ing, give notice thereof, hear the parties, assess the damages 
and file their return with the secretary of state, and also the 
said town clerks. 

5. • Appeal. If the owner is dissatisfied with the award, 
he may appeal therefrom to the superior court for the county 
in which said property is located, by petition, within sixty days 
after the filing of such return, and shall give notice of his 
appeal by giving in hand to, or leaving at the abode of, the 
attorney-general of the state a copy of the petition and order 
of notice thereon, fourteen days at least before the term at 
which it is to be entered. And the court shall thereupon as- 
sess his damages by a jury or other method, as the parties 
may agree. 

6. Payment. The state, upon payment or tender of the 
damages assessed by the above-named board, may enter upon 
the land or property and thereafter hold the same in fee ; but 
shall pay to the owner any additional sum that is awarded 
him by the jury, with taxable costs, if he prevail. 

7. Title and Control. The title to any land acquired by 
purchase, gift, or lease, shall be approved by the attorney- 
general and shall be taken by the director in the name of the 
state. The deed to any such land or property shall be de- 
posited with the secretary of state. The entire control of 
such land shall be under the direction of the director. 

8. Purchase Price. No land or waters shall be purchased 
at a price to exceed ten dollars per acre, except that the di- 
rector, with the approval of the governor, may pay a fair and 
reasonable price for lands, with or without buildings, required 
for the establishment of fish hatcheries, game farms, or game 
refuges. The director, subject to the approval of the gov- 
ernor, may expend for the purchase of lands and waters, dur- 
ing any year, such amount as, in his opinion, can be allotted 
for that purpose. 

9. Sale and Exchange. Whenever the director shall deem 
it to the best interests of the state, he may, with the consent 
of the governor, authorize the sale or exchange of any lands, 
or any part thereof, to which title has been acquired by pur- 
chase, gift, or lease, together with the buildings, improve- 



1935] Chapter 124: 6 271 

ments, and appurtenances thereon, for privately owned lands 
of equal or greater value, and suitable for the protection and 
propagation of fish, game and fur-bearing animals, or for fish- 
ing, hunting or administrative purposes. 

10. Use of Lands. Lands to which title has been acquired 
by the state, or which have been leased, or any part thereof, 
may be used for the purpose of creating and maintaining game 
refuges, or for the propagation of fish or game or fur-bearing 
animals, and as much thereof as is deemed necessary may be 
used for the administration of such lands. The director, af- 
ter consultation with the state forester, may cut and remove 
and sell, or permit the cutting or removing and selling of 
timber, on lands to which title has been acquired by the state. 
The director may sell or otherwise dispose of buildings or 
other improvements on lands acquired under this chapter, 
v/henever such buildings or improvements are no longer of 
use to the state, except that no building or improvements 
valued at one hundred dollars or more shall be sold without 
the approval of the governor. 

State Fish and Game Refuges 

11. Establishment. The director, in conjunction with the 
commissioner of agriculture, may establish and maintain state 
fish and game refuges for the protection and propagation of 
fish, game and fur-bearing animals, on all or any portion of 
the state fish and game lands, wherein fish, game and fur- 
bearing animals shall not be hunted, pursued, taken, dis- 
turbed, or molested at any time. They may also, with and 
by the consent of the proper authorities, establish and main- 
tain such refuges on state forests, national forests, or other- 
wise publicly owned lands or waters within the state. They 
may also establish and maintain such refuges on privately 
owned lands with the consent of the owner and abuttors, for 
such purposes. No such refuge shall exceed in area one half 
of the total area of the state or national forest on which it is 
located, nor shall it exceed twenty-five hundred acres in area, 
if not located on a state or national forest. No such refuge 
exceeding five hundred acres in area shall be established with- 
in ten miles of another such refuge. 

12. Boundary Lines; Notices. Each fish and game refuge 
shall be surrounded by a well defined fire line, road, or other 
clear strip of land, and in the discretion of the director by wire 



272 Chapter 124: 6 [1935 

at the boundary thereof. On the boundary of each such 
refuge, there shall be posted in conspicuous places, not more 
than one hundred and fifty yards apart, notices bearing the 
following: "State Fish and Game Refuge — Fishing, Hunting 
and Trapping are Unlawful," and such other information or 
rules or regulations as to the director may seem advisable. 

Public Hunting and Fishing Grounds 

13. Maintenance. The state may acquire by purchase, 
lease or gift, hunting and fishing rights to lands or waters 
and rights of access thereto suitable for fishing and hujnting 
and maintain thereon public fishing and hunting grounds. 

Rules and Regulations 

14. Rules and Regulations. The director may formulate, 
adopt and post such rules and regulations for the government 
of lands and waters under his control, and for the protection 
and propagation of fish, game, and fur-bearing animals, there- 
on, as he may deem necessary for their proper use and ad- 
ministration, or as may be established pursuant to agreements 
with the state forester or proper federal authority or lessors. 

15. Penalty. Any person who violates any rule or regula- 
tion of the director made under the provisions of the preced- 
ing section shall be fined not more than one hundred dollars 
or imprisoned not more than thirty days, or both. 

Propagation of Fish and Game by the State 

16. Director's Powers. The director may take, remove or 
transfer fish, game and fur-bearing animals at such times, in 
such manner, and from such places as he may deem proper 
for the protection or propagation thereof. 

17. Sale. The director may sell or exchange fish, includ- 
ing the eggs or fry thereof, birds or the eggs thereof, game, 
and fur-bearing animals, with or to other states or individuals. 

18. Accounts. The director shall keep an itemized account 
of all such sales, or exchanges, and include the same in his 
biennial report, and shall remit to the state treasurer all money 
received under the provisions of this subdivision, to be credited 
to the fish and game fund. 

Propagation by Private Parties 

19. License. No person shall propagate for sale, dead or 
alive, fish or the fry thereof, game birds or the eggs thereof, 



1935] Chapter 124: 6 273 

game animals or fur-bearing animals, without first procuring 
a license so to do ; and then only in accordance with the pro- 
visions of this subdivision and of any rules and regulations 
made by the director. 

20. Application. Such licenses shall be issued by the di- 
rector, in his discretion, upon application therefor in writing, 
and shall be subject to revocation and suspension at any time, 
in the discretion of the director. The applicant shall pay a 
fee of two dollars. 

21. Premises Used. The applicant shall furnish the di- 
rector a plan of the land or waters he proposes to use, show- 
ing the location and boundaries thereof. No natural pond of 
more than ten acres shall be included in such plan. 

22. Authority under License. Fish or the eggs or fry 
thereof, game birds or the eggs thereof, game animals and 
fur-bearing animals, produced by a licensee, may be caught, 
killed, sold, given away or shipped alive from the premises. 
Fish and game so raised, alive or dead, may be shipped any- 
where if identified as hereinafter provided. 

23. Identification. A licensee selling or giving away any 
fish or the eggs or fry thereof, any game birds or the eggs 
thereof, any game animals or fur-bearing animals, alive or 
dead, sha'll furnish the purchaser or donee with such means 
of identifying the same as shall be required by the director, 
and which must be shown by the holder on demand of any 
person. 

24. Reports by Licensee. Every licensee shall annually, 
on the first day of February, file with the director a written 
statement under oath, showing the number, value, number of 
pounds of fish or the eggs or fry thereof, and species of fish 
or the eggs or fry thereof, game birds or the eggs thereof, 
game animals, or fur-bearing animals disposed of during the 
year. The books and property of licensees shall be open to 
the director or his agents for inspection at all reasonable 
times. 

25. Rights Protected. Any person who shall hunt, cap- 
ture, take or kill any fish, game or fur-bearing animals from 
any lands or waters covered by such license, without the per- 
mission of the licensee, shall be fined not more than one hun- 
dred dollars or imprisoned not more than thirty days, or both. 

26. Penalty. A licensee who violates any of the provi- 
sions of this subdivision or who violates any rule or regula- 



274 



Chapter 124: 7 



[1935 



tion made by the director governing such private propagation 
shall forfeit his license and be fined not more than one hun- 
dred dollars, or imprisoned not more than thirty days, or both. 

7. New Chapter. Amend chapter 203 of the Public Laws, 
as amended by chapter 170, Laws of 1929, by striking out the 
entire chapter and inserting in place thereof the following 
new chapter: 







CHAPTER 203 






LICENSES 




Section 




Section 


1. 


When required. 




12. 


Fur buyers' licenses. 


2. 


Exceptions. 




13. 


Applications; fees. 


3. 


Issue. 




14. 


Records. 


4. 


Form. 




15. 


Selling outside of state. 


5. 


Application; fees. 




16. 


Special licenses. 


6. 


Agents accounting. 




17. 


Rights of licensee. 


7. 


Unused blanks. 




18. 


Applications for licenses 


8. 


Refusing licenses; 


appeal. 


19. 


Reports by holders. 


9. 


Revocation; suspension. 


20. 


Federal permit. 


10. 


Revocation for conviction. 


21. 


Termination of licenses. 


11. 


Hunting, etc., after revoca- 


22. 


Penalties. 




tion. 









Hunting, Fishing, and Trapping 

1. When Required. No person, except as hereinafter pro- 
vided, shall at any time fish, hunt, trap, shoot, pursue, take, 
or kill fresh water fish, wild birds or wild animals, in this state 
without first procuring a license so to do, and showing such 
license as hereinafter provided; and then only in accordance 
with the terms of such license, and subject to all the pro- 
visions of this title. 

2. Exceptions. The provisions of the foregoing section 
shall not apply to resident owners of farm lands and their 
minor children while upon their own land, to persons fishing 
in ponds operated and maintained by a duly licensed fish or 
game breeder, to children under sixteen years of age while 
fishing, to children under sixteen years of age while hunting 
when accompanied by a licensee twenty-one years of age or 
over, and to blind persons. 

3. Issue. Such licenses shall be issued by the director or 
his agents under such rules and regulations, and in such form, 
as the director may prescribe, to persons sixteen years of age 
or over. 

4. Form. The state treasurer shall supply the director 
with books containing consecutively numbered licenses in trip- 



1935] Chapter 124: 7 275 

licate. Such license, when issued to the licensee, shall bear 
the date of issuance, and shall contain the name, age, color of 
hair and eyes, and residence of the licensee and such other 
information as may be requested by the director. Such li- 
cense, to be valid, must be countersigned by the licensee. 

5. Application; Fees. The applicant shall fill out and sub- 
scribe to a blank to be furnished by the director to said agent, 
and pay him the following fees, in addition to his fee of fif- 
teen cents, as provided in section 6 : 

I. If the applicant is a resident of this state, one dollar 
and eighty-five cents, soldiers and sailors over seventy years 
of age excepted, and the agent shall thereupon issue a resi- 
dent hunting and fishing license, which shall entitle the li- 
censee to hunt, shoot, kill or take (except by the use of traps), 
and to transport game birds, game animals and fish, under 
the restrictions of this title. 

II. If the applicant is a resident of this state and wishes 
to take fur-bearing animals by the use of traps, five dollars, 
and the agent shall thereupon issue a trapping license, which 
shall entitle the licensee to take fur-bearing animals by the 
use of traps and sell and transport them under the restrictions 
of this title. 

III. If the applicant is a non-resident and wishes to hunt 
and fish, fifteen dollars, and said agent shall thereupon issue 
a non-resident hunting and fishing license conferring the priv- 
ileges enumerated in paragraph I. 

IV. If the applicant is a non-resident and wishes to take 
fresh water fish only, three dollars, and the agent shall there- 
upon issue a non-resident fishing license, which shall entitle 
the licensee to kill, take and transport fresh water fish under 
the restrictions of this title; provided that, if said applicant 
wishes to take said fish for three consecutive days only, one 
dollar and thirty-five cents, and the agent shall thereupon 
issue a non-resident fishing license for three consecutive days 
only, under the restrictions of this title. 

V. If the applicant is a non-resident and wishes to take 
fur-bearing animals by the use of traps, fifty dollars, and the 
agent shall thereupon issue a non-resident trapping license, 
which shall entitle the licensee to take fur-bearing animals 
by the use of traps and sell and transport them, under the re- 
strictions of this title. 

6. Agents Accounting. The agent shall collect a fee of 



276 Chapter 124: 7 [1935 

fifteen cents for each license issued, from the licensee, and 
shall account to the director for the full face value of all li- 
censes. He shall, on the first and fifteenth days of each 
month, pay to the director the full face value of all licenses 
sold and shall report the names and addresses of all persons 
to whom licenses have been sold and such other information 
as may be requested on blanks to be furnished by the director. 

7. Unused Blanks. Agents shall return to the director, 
within ten days after the close of the current year, all un- 
used license blanks. The director and agents shall be held 
responsible to the state treasurer for the full face value of 
all license blanks supplied to them until settlement has been 
made as above provided. 

8. Refusing Licenses; Appeal. The director and his 
agents shall refuse to issue any license to hunt if it appears 
that the applicant is not a suitable person to carry firearms. 
Any person who has been refused a license by an agent shall 
have the right of appeal to the director, whose decision, given 
after hearing, shall be final. Any attempt to secure a license 
from another agency, after having been refused by an agency 
and before appealing to the director, and any attempt to se- 
cure a license from any source in the same year that the di- 
rector, on appeal, has decided that the applicant is not a suit- 
able person to carry firearms, shall be a violation of the 
provisions of this chapter. 

9. Revocation; Suspension. The director may order any 
license to be suspended or revoked, after due hearing, for any 
cause that he may deem sufficient. He may order the sus- 
pension of the license of any person in his discretion, and 
without hearing, and may order the license delivered to him 
or his representative whenever he has reason to believe that 
the holder thereof is physically or mentally an improper or in- 
competent person to carry firearms, or is handling firearms 
improperly, or so as to endanger human life or property ; but 
such suspension shall not be for a longer period than thirty 
days unless the director, after investigation and hearing, so 
determines. 

10. Revocation for Conviction. The director may revoke 
the license of any person who has been found guilty in any 
court of a violation of any provision of this title or any rule 
or regulation of the director, or who has been found guilty in 
a municipal court of a violation of sections 7 and 12 of chap- 



1985] Chapter 124: 7 277 

ter 380 of the Public Laws and amendments thereof prohibit- 
ing trespassing upon improved land or destroying fences. Such 
revocation shall not continue for more than one year from the 
date thereof. The director shall revoke the license of any 
person who has been found guilty in any court a second time 
within five years of the first finding of guilt, of a violation of 
any such laws or regulations, for a period of not less than one, 
nor more than three years from the date of such finding or 
conviction. 

11. Hunting, etc., After Revocation. No person shall 
hunt, fish or trap in this state after the suspension or revoca- 
tion of his license until the same has been restored by the di- 
rector. 

Fur Buyers 

12. When Required. No person, except as hereinafter 
provided, shall at any time engage in this state in the busi- 
ness of buying the furs or skins of fur-bearing animals with- 
out first procuring a license so to do ; and then only in accord- 
ance with the terms of such license, and subject to all the pro- 
visions of this title. 

13. Applications; Fees. The applicant shall fill out and 
subscribe to a blank to be furnished by the director, and pay 
therefor the following fees: 

I. If the applicant is a resident of this state, three dol- 
lars, and the director shall thereupon issue a resident fur 
buyer's license which shall entitle the licensee to buy and sell, 
in one county in the state, the furs and skins of fur-bearing 
animals lawfully taken, and to sell and transport the same, 
under the restrictions of this title. The director may grant 
such licenses for more than one county upon the payment of 
an additional fee of three dollars for each county specified. 
The director may grant such licenses for the entire state upon 
the payment of a fee of twenty-five dollars. 

II. If the applicant is a non-resident of this state, fifty 
dollars, and the director shall thereupon issue a non-resident 
fur buyer's license which shall entitle the licensee to buy 
throughout the state the furs and skins of fur-bearing ani- 
mals lawfully taken, and to sell and transport the same, under 
the restrictions of this title. 

14. Records. Licensed dealers shall keep such records as 
the director may require. Such records shall be open to in- 



278 Chapter 124: 7 [1935 

spection by the director or his agents, and such dealer shall, 
within thirty days after the expiration of his license, and up- 
on request of the director, file with the director a sworn state- 
ment of such record or such part thereof as the director may 
require. 

15. Selling Outside of State. Every person selling or ship- 
ping the furs or skins of fur-bearing animals to persons out- 
side the state, not licensed in this state, shall keep the same 
record and make the same report required in this subdivision 
of licensed fur buyers. 

Special Licenses 

16. . The director, in his discretion, may grant li- 
censes which may be revoked or suspended at any time in his 
discretion : 

I. To any person in this state of known scientific attain- 
ment in ornithology or mammalogy; 

II. To any agent of any public museum in this state; 

III. To a teacher of ornithology in any school in this 
state ; 

IV. To any person desiring to practice taxidermy. 

17. Rights of Licensee. Such licenses shall set forth the 
purpose for which the same are issued and shall state with 
exactness the privileges granted to the licensee. Such licensee 
shall carry the license on his person when he is engaged in 
doing any of the acts permitted by the license. No person 
while lawfully acting under the authority of such a license 
shall be liable for any violation of the provisions of this title 
or any rules and regulations of the director. 

18. Applications for Licenses. Any person desiring a li- 
cense provided for in this subdivision shall present a petition 
therefor, on forms supplied by the director, accompanied by 
the written statement of at least two well known citizens of 
the community in which the applicant resides, certifying to 
his good character and to his fitness to be entrusted with the 
privileges granted by such special hcense, with a fee of one 
dollar. 

19. Reports by Holders. Within thirty days after the ex- 
piration of any license provided for in this subdivision, or 
upon request of the director, the holder of such license shall 
file a sworn statement, on blanks supplied by the director, 
covering all his transactions thereunder. The holder of each 



1985] Chapter 124: 8 279 

license shall keep a record of all transactions under his license, 
and such record, together with all plants and premises of the 
licensee, shall be open to inspection upon demand of the di- 
rector or his agents. Such licensee shall answer any question 
relative to the ownership of any bird or animal, or part there- 
of, found in his possession or under his control, or that has 
passed through his hands, that may be asked by the director 
or any of his agents. 

20. Federal Permit. Such licensee must also hold such li- 
cense or permit as is required under federal laws. 

Termination of Licenses 

21. . All licenses provided for in this title shall ex- 
pire on January first next following their issuance, and shall 
not be transferable. 

Penalties 

22. . A person who violates a provision of this chap- 
ter, or who furnishes to another person, or permits another 
person to have or use, a license issued to himself, or changes 
or alters such license or coupon, or uses a hcense or license 
coupons issued to another person, or makes a false statement 
in an application, or knowingly guides a hunter who has not 
a license as hereinbefore provided, shall be fined not more than 
fifty dollars. 

8. New Chapter. Amend the Public Laws by adding after 
chapter 203 the following new chapter: 

CHAPTER 203-A 

REGISTRATION OF GUIDES 



Section 


Section 


1. Registration of guides re- 


5. Qualifications. 


quii-ed. 


6. Expiration of license. 


2. Application; issue. 


7. Badges. 


3. Cancellation. 


8. Reports. 


4. Fees. 


9. Penalty. 



1. When Required. No person shall engage in the busi- 
ness of guiding, until he has registered with the director and 
procured from him a license so to do. 

2. Application; Issue. Application for a license shall be 
made to the director, or to some person designated by him. 
The director shall prescribe rules and regulations under which 
such licenses shall be issued. 

3. Cancellation. Any licensed guide who violates any pro- 



280 Chapter 124 : 9, 10 [1935 

vision of this title, or who violates any rule or regulation pro- 
mulgated by the director, or who makes any false statement 
in his application for a license, or who otherwise, in the judg- 
ment of the director, is deemed unsuitable to act as a guide, 
shall immediately forfeit and surrender his license. 

4. Fees. Every resident applicant for a license as a guide 
shall pay to the director therefor the sum of two dollars. Every 
non-resident applicant for a license as a guide shall pay to the 
director therefor the sum of twenty dollars. 

5. Qualifications. A person licensed as a guide shall be a 
citizen of the United States, and at least twenty-one years of 
age. He shall furnish such recommendations as the director 
shall require. He shall be skilled in the use, management and 
handling of such boats or canoes as are customarily used in 
camping, fishing and hunting, and shall be a safe and com- 
petent person under all circumstances to be a guide for camp- 
ing, hunting or fishing parties. 

6. Expiration of License. Every license issued shall ex- 
pire with the calendar year. 

7. Badges. Every licensed guide, while engaged in the 
business of guiding, shall wear in a conspicuous place on his 
clothing a badge to be furnished by the director upon the is- 
suance of the license. 

8. Reports. Every registered guide shall, within thirty 
days after the expiration of the calendar year for which his 
license was issued, and oftener if requested by the director, 
forward, on blanks furnished by the director, a statement of 
the names, addresses and license numbers of all the persons 
he has guided during the time called for by the director, the 
number of days he has been employed as a guide and such 
other information as the director may require. 

9. Penalty. Whoever violates any provision of this chap- 
ter or any rule or regulation of the director made thereunder, 
shall be fined not more than fifty dollars, and if a licensed 
guide, may forfeit his license in the discretion of the director. 

9. Repeals. All acts and parts of acts inconsistent here- 
with are hereby repealed. All rulings of the advisory board 
are hereby vacated. 

10. Saving Clause. The repeal of any of the laws here- 
under shall not affect any prosecution pending at the date of 
the passage of this act, nor prevent the institution of any pros- 



1935] Chapter 125 281 

ecutions for violations of any of the provisions thereof com- 
mitted prior to the passage of this act ; and all such pending 
prosecutions shall be terminated and all such violations shall 
be prosecuted in the same manner, and under the same author- 
ity and with like effect, as prior to the passage of this act. 

11. Effect of Act on Existing Laws. The provisions of 
this act, so far as they are the same as those of existing laws, 
shall be construed as a continuation of such law and not as a 
new enactment. The repeal by this act of any provision of 
law, shall not revive any law heretofore repealed or super- 
seded; nor shall such repeal affect any such act done, liability 
incurred, or any right accrued or vested, or affect, abate, or 
prevent any suit or prosecution pending or to be instituted, to 
enforce any right or penalty or punish any offense under the 
authority of such repealed laws. 

12. Constitutionality. If any clause, sentence, paragraph, 
subdivision, section, or part of this act, or any order or rule of 
the director, shall, for any reason, be adjudged by any court 
of competent jurisdiction to be unconstitutional or invalid, 
such judgment shall not affect, impair or invalidate the re- 
mainder thereof, but shall be confined in its operation to such 
clause, sentence, paragraph, subdivision, section, or part there- 
of, directly involved in the controversy in which said judg- 
ment shall have been rendered. 

13. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 125. 

AN ACT RELATING TO DISEASES OF DOMESTIC ANIMALS. 



Section 

3. Condemned horses and cattle. 

4. Takes effect. 



Section 

1. Examination of animals. 

2. Quarantine areas. 

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

1. Examination of Animals. Amend section 42, chapter 
187 of the Public Laws by adding after the word "tuberculo- 
sis" in the third line, bang's disease, so that said section as 
amended shall read as follows : 42. By Commissioner. The 
owner of cattle, horses, asses, mules, sheep or swine may ap- 
ply to the commissioner for an examination of his animals for 



282 Chapter 125 [1935 

tuberculosis, bang's disease, or glanders, subject to the fol- 
lowing regulations. 

2. Quarantine Areas. Amend section 46, chapter 187 of 
the Public Laws as amended by section 1, chapter 22 of the 
Laws of 1931 by striking out the whole of said section and 
inserting in place thereof the following: 46. Special Areas. 
When eighty-five per cent of the cattle owners in any given 
town or county apply or have applied to the state for the 
tuberculin or bang's disease test, or when eighty-five per cent 
of all the cattle in a town or county are under state super- 
vision, the commissioner may declare any town or county a 
quarantine area and proceed to test all animals within said 
area. When said area has been declared practically free from 
tuberculosis or bang's disease by the commissioner, said area 
may be declared a modified accredited area and the commis- 
sioner may issue rules and regulations prohibiting the ship- 
ment or transportation into said area of any bovine animals 
without permit and proper health certificates. The commis- 
sioner shall make such tests from time to time as he sees fit 
at the expense of the state, but if any reactors shall at any 
time be found they shall be appraised, slaughtered, and paid 
for as provided by this chapter, or may be retained in strict 
quarantine as herein provided. The commissioner may retest 
any animal or animals when in his judgment the conditions 
warrant it. 

3. Condemned Horses and Cattle. Amend section 57 of 
chapter 187 of the Public Laws by striking out the whole of 
said section and inserting in place thereof the following: 
57. Payment. The state shall pay the owner, after filing 
such certificate or certificates as the commissioner may direct, 
one half of the appraised value on all horses condemned and 
killed and for all bovine animals condemned and killed an 
amount not to exceed twenty dollars for a grade animal and 
fifty dollars for a registered purebred animal providing that 
the amount received from salvage, from the federal govern- 
ment, and from the state shall not exceed the appraised value 
thereof. 

4. Takes Effect. All acts and parts of acts inconsistent 
with this act are hereby repealed and this act shall take effect 
July 1, 1935. 

[Approved June 20, 1935.] 



1935] Chapter 126 283 

CHAPTER 126. 

AN ACT PROVIDING FOR A CHANGE OF NAME FOR THE 
FORESTRY COMMISSION. 



Section 

4. Amendment; reference. 

5. Takes effect. 



Section 

1. Change of name. 

2. Tenure of office. 

3. Transfer of powers and 

duties. 

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

1. Change of Name. Amend section 1 of chapter 191 of 
the Public Laws by adding after the word "forestry" in the 
first Hne the words, and recreation, so that said section as 
amended shall read as follows: 1. Commission. There 
shall be a Forestry and Recreation Commission of three mem- 
bers, appointed by the governor, with the advice of the coun- 
cil, for terms of three years. One member shall be appointed 
each year, to take office May first, and vacancies shall be filled 
in the same manner for the unexpired term. 

2. Tenure of Office. The present members of the forestry 
commission shall continue in office as members of said for- 
estry and recreation commission until the expiration of their 
respective terms. 

3. Transfer of Powers and Duties. All powers and duties 
now conferred upon the forestry commission by the Public 
Laws or any session laws shall be transferred to said forestry 
and recreation commission. 

4. Amendment; Reference. All acts or parts of acts hav- 
ing to do with the forestry commission are hereby amended 
to conform to the change of name provided for herein and 
any reference in the Public Laws or session laws to the for- 
estry commission shall hereafter refer to the forestry and 
recreation commission. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



284 Chapter 127 [1935 

CHAPTER 127. 

AN ACT PROVIDING FOR ASSISTANCE TO AGED AND DEPENDENT 

PERSONS. 



Section 


Section 


1. 


Assistance established. 


15. 


Revocation of assistance. 


2. 


Assistance to whom. 


16. 


Review of grants. 


3. 


Amount of the assistance. 


17. 


Reports. 


4. 


Application. 


18. 


Assignability of assistance 


5. 


State administration. 


19. 


Claims against estates. 


6. 


Local administration. 


20. 


Assignment of property. 


7. 


Reimbursements by the state. 


21. 


Recovery of payments. 


8. 


Approval of claims. 


22. 


Legal aid. 


9. 


Investigation of applicant. 


23. 


Expenses. 


10. 


Granting of assistance. 


24. 


Penalty. 


11. 


Assistance exclusive. 


25. 


Appropriation. 


12. 


Guardian. 


26. 


Limitations. 


13. 


Funeral expenses. 


27. 


Repeal. 


14. 


Increase of income. 


28. 


Takes effect. 



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

1. Assistance Established. For the more humane care 
and relief of aged and dependent persons, a system of assist- 
ance is hereby established, 

2. Assistance to Whom. Old age relief or assistance shall 
be given to any person of the age of seventy years, who (a) is 
unable to support himself and has no children or other per- 
sons of sufficient abihty to pay and responsible for his sup- 
port under the laws of New Hampshire ; (b) is a citizen of the 
United States ; (c) has been a resident of New Hampshire for 
at least five years within the nine years immediately preced- 
ing his application for old age assistance and has resided 
therein continuously for one year immediately preceding said 
application; (d) makes application therefor in the county in 
which he has a legal settlement in some town or city thereof, 
or in case he has no such legal settlement, in the county in 
which he is residing; (e) is not at the time of receiving as- 
sistance an inmate of, or receiving the necessities of life from 
any charitable institution maintained by the state, or any of 
its political subdivisions, or of a private charitable, benevolent 
or fraternal institution or home for the aged, except in the 
case of temporary medical or surgical care in a hospital ; (f ) is 
not on account of his physical condition in need of continued 
institutional care; (g) has not deprived himself directly or 
indirectly of any property for the purpose of qualifying for 
such assistance except as provided in sections 19 and 20 of 
this act; (h) is not at the time of making application or later 



1935] Chapter 127 285 

an inmate of any prison, jail, workhouse, infirmary, insane 
asylum or other public correctional institution; (i) has not 
during the period of ten years immediately preceding such ap- 
plication been imprisoned for a felony; (j) if a husband, has 
not without just cause failed to support his wife and his chil- 
dren under the age of sixteen years, for six months or more 
during the ten years preceding the date of application; (k) 
has not within one year preceding said application been an 
habitual tramp, beggar or drunkard. 

3. Amount of the Assistance. It shall be the duty of the 
county commissioners to provide a reasonable subsistence com- 
patible with decency and health for those eligible for old age 
assistance under the provisions of this act. The amount of 
the old age assistance to any such person shall, subject to 
rules, regulations, and standards of the state board of welfare 
and relief be determined by the county commissioners with 
due regard to the conditions existing in such case, but in no 
event shall exceed, when added to the income of the applicant 
from all other sources, the sum of thirty dollars per month. 

4. Application. A person requesting old age assistance 
under this act shall make application therefor to the county 
commissioners of the county in which the applicant resides or 
has a legal settlement. The application, together with such 
written proofs as may be required by the state board of wel- 
fare and relief, shall be made in writing upon standard forms, 
prescribed by said board. 

5. State Administration. The state board of welfare and 
relief shall supervise the administration of old age assistance 
under this act. Said board shall prescribe the form of and 
print and supply to the county commissioners blanks of appli- 
cations, reports, affidavits and such other forms as it may 
deem advisable. Said board is hereby authorized to and shall 
make rules and regulations necessary for the carrying out of 
the provisions of this act to the end that old age assistance 
may be administered uniformly throughout the state, having 
regard for the varying costs of living in different parts of 
the state and that the spirit and purpose of this act may be 
complied with. Said board is also authorized to make and 
shall make such rules and regulations as may be necessary to 
conform with any requirements of the social security board 
or any other agency established under the provisions of the 



286 Chapter 127 [1935 

Social Security Act as passed by the Congress of the United 
States. 

6. Local Administration. Old age assistance shall be ad- 
ministered in each county by the county commissioners and 
the cost of such assistance together with the expense oc- 
casioned thereby shall in the first instance be paid by the 
county but the county shall be reimbursed by any city or 
town legally chargeable for such assistance together with the 
expense occasioned thereby. 

7. Reimbursement by the State. The counties, cities and 
towns shall keep such records and accounts in relation to old 
age assistance as the state board of welfare and relief shall 
prescribe. The state shall reimburse each county, city and 
town to the extent of five per cent of the amount expended 
for assistance for each aged person which has been granted 
under the provisions of this act and in accordance with the 
rules of the board. The board of welfare and relief is hereby 
authorized to disburse any funds received from the United 
States government for old age assistance. Claims for reim- 
bursement shall be presented by the respective counties, cities 
and towns to the state board of welfare and relief at such 
times and in such manner as said board may prescribe. 

8. Approval of Claims. The approval of such claims shall 
be made by the board of welfare and relief in accordance with 
the provisions of this act and the rules of said board. The 
board shall certify to the state treasurer the amounts so ap- 
proved by it, specifying the amount to which each county, city 
and town is entitled. The amounts so approved by said board 
shall be paid by the state treasurer upon the order of said 
board with the approval of the governor and council. 

9. Investigation of Applicant. Whenever county com- 
missioners receive an application for an old age assistance, an 
investigation and record shall be promptly made of the cir- 
cumstances of the applicant. The object of such investiga- 
tion shall be to ascertain the facts supporting the application 
made under this act and such other information as may be 
required by the rules of the state board of welfare and relief. 
The county commissioners and the state board of welfare and 
relief shall have the power to issue subpoenas for witnesses 
and compel their attendance and the production of papers and 
writings, and officers and employees designated by the county 



1935] Chapter 127 287 

commissioners or said board may administer oaths and ex- 
amine witnesses under oath. Whenever an application is re- 
ceived, the county commissioners shall immediately give notice 
of such application to the selectmen of any town or the city 
clerk of any city in which such applicant resides, or has a legal 
settlement, and of the time and place of any hearing and 
shall also notify them of any decision rendered. 

10. Granting of Assistance. Upon the completion of such 
investigation, the county commissioners shall decide whether 
the applicant is eligible for and should receive an old age as- 
sistance under this act, the amount of the assistance, and the 
date on which the assistance shall begin. If an application 
is denied or the grant is deemed inadequate by the applicant, 
he may appeal to the state board of welfare and relief. Said 
board shall upon receipt of such an appeal review the case, 
and may also, upon its own motion, review any decision made 
by the county commissioners. Said board may make such 
additional investigation as it may deem necessary, and shall 
make such decision as to the granting of assistance and the 
amount and nature of assistance to be granted the applicant 
as in its opinion is justified and in conformity with the pro- 
visions of this act. All decisions of said board shall be bind- 
ing upon the counties, cities and towns involved and shall be 
complied with by the county commissioners. 

11. Assistance Exclusive. No person receiving old age 
assistance under this act shall at the same time receive any 
other relief from the state, or from any political subdivision 
thereof, except for medical and surgical assistance, and the 
acceptance of such relief shall operate as a revocation of as- 
sistance under this act. 

12. Guardian. If the person receiving old age assistance 
is, on the testimony of reputable witnesses, found incapable 
of taking care of himself or his money, the county commis- 
sioners may make the payment of the installments of the old 
age assistance to any responsible person, guardian or corpo- 
ration for his benefit. 

13. Funeral Expenses. On the death of the recipient of 
old age assistance, reasonable funeral expenses not exceeding 
one hundred and twenty-five dollars may, subject to rules and 
regulations of the state board of welfare and relief be paid 
by the county commissioners if the estate of the deceased is 



288 Chapter 127 [1935 

insufficient to pay the same and the persons legally responsible 
for the support of the deceased are unable to pay the same. 

14. Increase of Income. If, at any time during the con- 
tinuance of old age assistance, the recipient thereof or the 
husband or wife of the recipient, becomes possessed of any 
property or income in excess of the amount enjoyed at the 
time of the granting of the assistance, it shall be the duty of 
the recipient immediately to notify the county commissioners 
of the receipt and possession of such property or income, and 
the county commissioners may, on inquiry either cancel the 
assistance or vary the amount thereof in accordance with cir- 
cumstances, and any excess assistance theretofore paid shall 
be returned to the federal government, the state and the coun- 
ty, city or town, in proportion to the amount of the assistance 
paid by each respectively and be recoverable as a debt, as pro- 
vided in section 23 of this act. 

15. Revocation. If at any time the state board of wel- 
fare and rehef has reason to believe that old age assistance 
has been improperly granted, it shall cause an investigation 
to be made. If it appears as a result of any such investiga- 
tion that the assistance was improperly granted, the board 
shall immediately notify the county commissioners to revoke 
said assistance. 

16. Review of Grants. All assistance grants under this 
act shall be reconsidered from time to time, or as frequently 
as may be required by the rules of the state board of welfare 
and relief. After such further investigation as the county 
commissioners may deem necessary or the said board may 
require, the amount and manner of giving the assistance may 
be changed or the assistance may be withdrawn if it is found 
that the recipient's circumstances have changed sufficiently 
to warrant such action. It shall be within the power of the 
county commissioners at any time to cancel and revoke as- 
sistance for cause, and they may for cause suspend payments 
for such periods as they may deem proper subject to review 
by said board. 

17. Reports. County commissioners shall make such re- 
ports and in such detail as the state board of welfare and re- 
lief may from time to time require, and shall transmit to said 
board upon its request copies of the application and any or 
all other records pertaining to any case. Said board is here- 



1935] Chapter 127 289 

by authorized and directed to make such reports and in such 
detail as may be required of it to the federal government. 
Within ninety (90) days after the close of each calendar year, 
said board shall make a report to the governor and council 
for the preceding year, which shall include a full account of 
the administration of this act, the expenditure of all funds 
under this act, adequate and complete statistics concerning 
old age assistance within the state, and such other informa- 
tion as said board may deem advisable, or the governor and 
council may request. The names of persons receiving as- 
sistance under this act shall not be printed in any report of 
the county commissioners or of the state board of welfare and 
relief nor published in any state, county, city or town report. 

18. Assignability of Assistance. All assistance given un- 
der this act shall be inalienable by any assignment or transfer 
and shall be exempt from levy or execution under the laws of 
this state. 

19. Claims Against Estates. The total amount paid to 
the recipient of old age assistance under this act shall be a 
lien upon the estate of such recipient. On the death of a per- 
son receiving assistance under this act, or of the survivor of 
a married couple, both of whom were assisted, the total amount 
paid as assistance shall be allowed and deducted from the es- 
tate by the court having jurisdiction to settle the estate, and 
paid to the federal government, the state and the county, city 
or town in proportion to the amount of the assistance paid by 
each. The county commissioners shall under rules of the 
state board of welfare and relief require as a condition to 
granting assistance in any case, that the applicant submit a 
properlj^ acknowledged agreement to reimburse the federal 
government, the state and the county, city or town for all 
assistance granted. In such agreement said applicant shall 
assign as collateral security for said assistance, such part of 
his personal property as the county commissioners shall de- 
mand. At any time the county commissioners may execute 
and file with the proper registers of deeds and town clerks a 
certificate, in form to be prescribed by said board, showing 
the amount of assistance paid to said person, and when so 
filed each said certificate shall be a legal claim against both 
the said person and his estate and shall have the same force 
and eifect as a judgment at law. The registers of deeds and 



290 Chapter 127 [1935 

town clerks shall keep a suitable record of such certificates 
without charging any fee therefor, and enter therein an ac- 
knowledgment of satisfaction upon receipt of notice thereof 
from the county commissioners. All funds recovered under 
these provisions shall be allocated to the county, city, or town 
and to the state and federal government in the same propor- 
tion as the assistance paid by each. No levy or lien shall be 
enforced against any real estate of the recipient while it is 
occupied by the recipient's surviving spouse, if the latter is 
not more than fifteen years younger than the recipient, and 
does not marry again. 

20. Assignment of Property. If the county commission- 
ers shall deem it necessary they may with the consent of the 
state board of welfare and relief require as a condition to the 
grant or continuance of assistance in any case, that all or any 
part of the property of a person applying for aid be trans- 
ferred to said county commissioners. Such property shall 
be managed under rules and regulations of the said board by 
said county commissioners who shall pay the net income there- 
of to such persons; said county commissioners shall have 
power to sell, lease, or transfer such property or defend or 
prosecute all suits concerning it and to pay all just claims 
against it and to do all things necessary for the protection, 
preservation and management thereof. If the assistance to 
such person is discontinued during his lifetime, the property 
thus transferred shall be returned to him subject to a lien on 
such property for any sums paid to him as assistance under 
this act, or the remainder of such property after deducting 
therefrom the sums paid to him as assistance under this act 
shall be returned to him. In the event of his death, the re- 
mainder of such property, after deducting therefrom the sums 
paid him as assistance under this act, shall be considered as 
the property of the estate of the beneficiary for administra- 
tive proceedings. The county commissioners shall execute 
and deliver all necessary instruments to give effect to this 
section. 

21. Recovery of Payments. If at any time during the 
continuance of old age assistance allowance the county com- 
missioners or the state board of welfare and relief have rea- 
son to believe that a spouse, son or daughter liable for the 
support of the recipient of assistance is reasonably able to 



1935] Chapter 127 291 

assist him, they shall, after notifying such person of the 
amount of the assistance granted, be empowered to cause suit 
to be brought against such spouse, son or daughter to re- 
cover the amount of the assistance. 

22. Legal Aid. The attorney-general or the county solici- 
tors at the request of the county commissioners or the state 
board of welfare and relief shall bring all necessary proceed- 
ings and represent and advise said officials in respect to any 
matters arising under this act. Any suit, action, petition or 
other legal proceeding to enforce a lien or to recover any 
money or property from any recipient of old age assistance, 
or his estate, or from any relative or other person, as author- 
ized or provided by this act, shall be instituted and prose- 
cuted in the name of the state of New Hampshire, and any 
recovery shall be for the benefit of and be allocated and paid 
to the federal government, the state and the county, city or 
town, in proportion to the assistance paid by each. 

23. Expenses. All necessary expenses incurred by coun- 
ty commissioners in carrying out the provisions of this act 
shall be paid by the county subject to reimbursement as here- 
in provided. 

24. Penalty. Any person who, by means of wilfully false 
statements or representations, or other fraud, attempts to ob- 
tain or aids any persons in obtaining any assistance to which 
he is not entitled or in disposing of property of the beneficiary 
without the consent of the county commissioners, or who vio- 
lates any other provision of this act shall be fined not exceed- 
ing five hundred dollars, or imprisoned not exceeding one year, 
or both. 

25. Appropriation. There is hereby appropriated from 
the moneys in the state treasury not otherwise appropriated, 
a sum not exceeding fifteen thousand dollars for the fiscal year 
ending June 30, 1936, and a like sum for the fiscal year ending 
June 30, 1937, for the purpose of paying the state's contribu- 
tion to old age assistance under this act. 

26. Limitations. No recipient of old age assistance shall 
be prevented from choosing the assistance provided by the 
laws of this state in lieu of the assistance provided by this 
act. No one receiving assistance under this act shall lose 
his settlement because of receiving such assistance. 

27. Repeal. Chapter 165 of the Laws of 1931 and all 



292 Chapter 128 [1935 

other acts and parts of acts inconsistent herewith are hereby 
repealed. 

28. Takes Effect. This act shall take effect, if and when 
House Resolution No. 7260, known as the "Social Security Act" 
now pending in the Congress of the United States is passed 
and becomes effective. 

[Approved June 20, 1935.] 



CHAPTER 128. 

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



Section 

2. Takes effect. 



Section 

1. Assessment and collection of 
tax. 

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

1. Assessment and Collection. The sum of one million five 
hundred thousand dollars ($1,500,000) shall be raised for the 
use of the state for the year 1935, and the sum of one million 
six hundred thousand dollars ($1,600,000) shall be raised for 
the use of the state for the year 1936, and the state treasurer 
is hereby directed seasonably to issue his warrants to the se- 
lectmen of the several towns and places and to the assessors 
of the several cities in the state according to the apportion- 
ment of the public taxes made at the session of the legislature 
of 1935, and the selectmen of such towns and places and the 
assessors of such cities are hereby directed to assess the sums 
specified in said warrants and cause the same to be paid to said 
treasurer on or before the first day of December, 1935, and 
the first day of December, 1936, and the state treasurer is 
hereby authorized to issue his extent for all taxes which shall 
remain unpaid on the dates last above mentioned. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



1935] Chapter 129 293 

CHAPTER 129. 

AN ACT TO REHABILITATE THE STATE TREASURY FOR THE LOSS 
OF REVENUE SUFFERED BY THE STATE. 



Section 

4. Disposition of proceeds. 

5. Takes effect. 



Section 

1. Appropriation. 

2. Borrowing. 

3. Accounts. 

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

1. Appropriation. The sum of six hundred thousand dol- 
lars ($600,000) is hereby appropriated for the purpose of re- 
habilitating the state treasury for the loss of revenue suf- 
fered by the state during the year ending June 30, 1935. 

2. Borrowing. In order to provide funds for the appropri- 
ation made in section 1 hereof the state treasurer is hereby 
authorized to borrow from time to time such sum or sums, 
not exceeding six hundred thousand dollars ($600,000), as the 
governor with the advice and consent of the council may ap- 
prove, and for that purpose may issue bonds and/or notes in 
the name and on behalf of the state of New Hampshire. 
Such bonds and/or notes shall be issued at such times, in such 
form and denominations, at such rate of interest and at such 
dates of maturity as the governor and council may determine 
to be for the best interest of the state. They shall be coun- 
tersigned by the governor and shall be deemed a pledge of the 
faith and credit of the state. The state treasurer may nego- 
tiate and sell such bonds and/or notes by direction of, and in 
such manner as, the governor and council deem most advan- 
tageous to the state. 

3. Accounts. The secretary of state shall keep an account 
of all such bonds and/or notes countersigned by the governor, 
showing the number and amount of each bond and note, the 
time of countersigning, the date of delivery to the treasurer, 
and the date of maturity. The state treasurer shall keep an 
account of each bond or 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 date of maturity. 

4. Disposition of Proceeds. The proceeds of the sale of 
such bonds and/or notes shall be paid into the general funds 
of the state. 

5. Takes Effect. This act shall take effect upon its passage. 
[Approved June 20, 1935.] 



Section 

3. Takes effect. 



294 Chapter 130 [1935 

CHAPTER 130. 

AN ACT INCREASING THE TAX ON LEGACIES AND SUCCESSIONS. 

Section 

1. Rate increased for temporary 

period. 

2. Application to estates. 

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

1. Rate Increased for Temporary Period. Amend section 
1 of chapter 72 of the Public Laws by inserting after the word 
"purposes" in the fifteenth line the words, shall be subject 
until two years from the date of the passage of this act to a 
tax at seven and one-half per cent of its value, and thereafter, 
so that said section as amended shall read as follows : 1. Tax- 
able Property; Rate. All property within the jurisdiction of 
the state, real or personal, and any interest therein, belong- 
ing to inhabitants of the state, and all real estate within the 
state, or any interest therein, belonging to persons who are 
not inhabitants of the state, which shall pass by will, or by 
the laws regulating interstate 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, to any person, ab- 
solutely or in trust, except 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, or to or for 
the use of educational, religious, cemetery, or other institu- 
tions, societies 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 until two years 
from the date of the passage of this act to a tax at seven 
and one-half per cent of its value, and thereafter shall be 
subject to a tax at five per cent of its value, for the use of the 
state. 

2. Application to Estates. This act shall not apply to the 
estates of persons deceased prior to the date when it takes 
effect, nor to property of such decedents passing by deed, 
grant, bargain, sale, or gift, as set forth in section 1, but 
such estates, persons and property shall remain subject to 



1935] Chapters 131, 132 295 

the provisions of the laws in force prior to the passage of this 
act. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 131. 

AN ACT RELATING TO PUBLIC FOREST LANDS. 

Section I Section 

1. Public forest lands. | 2. Takes effect. 

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

1. Public Forest Lands. Amend section 6-a of chapter 
192 of the Public Laws as inserted by chapter 74 of the Laws 
of 1929 by striking out the whole of said section and inserting 
in place thereof the following two sections as follows: 6-a. 
Privileges and Concessions. On terms approved by the com- 
missioners, the state forester may make contracts for the 
leasing of privileges and concessions on state forests and 
reservations, provided that all such contracts shall be ap- 
proved by the governor and council. 6-b. Recording. All 
such contracts shall be recorded in the registry of deeds in 
the county, or counties, where the lands to which such con- 
tracts relate, are situated. 

2. Takes Effect. All acts and parts of acts inconsistent 
with this act are hereby repealed and this act shall take effect 
upon its passage. 

[Approved June 20, 1935.] 



CHAPTER 132. 

AN ACT TO AMEND "AN ACT TO PROVIDE FOR THE CONSTRUCTION 

AND OPERATION OF AN AERIAL TRAMWAY ON CANNON 

MOUNTAIN IN THE FRANCONIA NOTCH." 

Section 

1. Commission. 

2. Bonds. 

3. Operation of tramway. 

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

1. Commission. Amend section 2 of chapter 108 of the 
Laws of 1935, approved June 5, 1935, by striking out the 



Section 

4. Agreements. 

5. Takes effect. 



296 Chapter 132 [1935 

whole of said section and inserting in place thereof the fol- 
lowing: 2. Powers. The commission shall have power (1) 
to sue and be sued; (2) to have a seal and alter the same at 
pleasure; (3) to adopt and from time to time amend by-laws 
governing its procedure and to cause records of its proceed- 
ings to be kept; (4) to construct, maintain, reconstruct and 
operate an aerial tramway on Cannon Mountain in the Fran- 
conia Notch; (5) to acquire, hold and dispose of personal 
property for its purposes; (6) to acquire in the name of the 
state by purchase, condemnation, lease or otherwise, real 
property and rights or easements therein, deemed by it neces- 
sary or desirable for its purposes, and to use such property; 
(7) to acquire any such real property by the exercise of the 
power of condemnation in the manner provided in sections 
18 to 28 of chapter 19 of the Public Laws ; (8) to charge and 
collect fees, fares and tolls for carriage and other services 
made available in connection with the tramway, subject to 
and in accordance with such agreements with bondholders as 
may be made, as hereinafter provided ; (9) to make contracts 
with the United States, the state of New Hampshire, other 
states, public corporations or bodies existing therein, and 
private corporations and individuals; (10) to accept grants 
and co-operation from the United States or any agency there- 
of in the construction, maintenance, reconstruction, operation 
and financing of the tramway and to do any and all things 
necessary in order to avail itself of such aid and co-operation ; 
(11) to employ such assistants, agents and servants as it 
shall deem necessary or desirable for its purposes; (12) to 
exercise any of its powers in the public domain of the United 
States unless the exercise of such powers is not permitted 
by the laws of the United States; (13) to borrow money, make 
and issue negotiable notes, bonds and other evidences of in- 
debtedness or obligations of the commission and to secure 
the payment of such obligations or any part thereof by pledge 
of all or any part of the revenues of the tramway and (14) 
to do all things necessary or incidental to the foregoing pow- 
ers. 

All property of the commission and all property held in the 
name of the state pursuant to the provisions hereof shall be 
exempt from levy and sale by virtue of an execution and no 
execution or other judicial process shall issue against the 



1935] Chapter 132 297 

same. No judgment against the commission shall be a lien 
upon its property held in the name of the state pursuant to 
the provisions hereof. 

2. Bonds. Amend the second sentence of section 3 of said 
chapter 108 by striking out the words "except the commis- 
sion" and inserting in place thereof the words, but shall be 
payable solely from the revenues of the tramway, so that said 
second sentence of section 3 shall read as follows : The bonds 
of the commission shall not constitute a debt of the state or of 
any agency or political subdivision thereof, but shall be pay- 
able solely from the revenues of the tramway. 

3. Operation of Tramway. Amend section 7 of said chap- 
ter 108 by striking out the whole of said section and inserting 
in place thereof the following : 7. Federal Permit. No sum 
shall be expended by the commission unless and until the 
commission shall have received on behalf of the state a license 
or permit satisfactory to the commission from the United 
States government to construct, operate and maintain said 
tramway and its appurtenances on and over the necessary 
land in the White Mountain National Forest. Said license 
shall be for a period of not less than twenty years and shall 
not be conditioned upon any charge therefor or control of the 
tramway by the United States government; provided, how- 
ever, that the failure of the commission to receive a permit 
complying with the requirements of this section shall in no 
way affect the validity of any bonds of the commission or the 
security therefor. The commission shall have authority to 
seek an extension or renewal of such license or permit. 

4. Agreements. Amend said chapter 108 by adding after 
section 7 the following new sections: 7-a. Agreement of 
State. The state of New Hampshire does pledge to and agree 
with the holders of the bonds issued by the commission that 
the state will not limit or alter the rights hereby vested in 
the commission to establish and collect such charges and 
tolls as may be convenient or necessary to produce sufficient 
revenue to meet the expense of the maintenance and operation 
of the tramway and to fulfill the terms of any agreements 
made with the holders of the bonds issued by the commission 
or in any way impair the rights or remedies of the holders 
of such bonds until such bonds, together with interest there- 
on, with interest on any unpaid installments of interest and 
all costs and expenses in connection with any actions or pro- 



298 Chapter 132 [1935 

ceedings by or on behalf of the bondholders are fully met and 
discharged. 

7-b. Limitation. No person, partnership, association or 
corporation, private or public, and no political subdivision of 
the state shall be authorized, and it shall be unlawful for any 
of them to construct or operate, and the state of New Hamp- 
shire hereby agrees that it will not construct or operate, any 
aerial tramway for purposes similar to those contemplated 
hereby which will be competitive with the tramway to be 
erected pursuant to this act, until the bonds issued by the com- 
mission together with interest thereon, with interest on any 
unpaid installments or interest, and all costs and expenses in 
connection with any action or proceedings by or on behalf of 
the holders of such bonds are fully met and discharged. 

7-c. Control of Public Lands. To the extent that it may 
be necessary to carry out the provisions of this act, the com- 
mission shall have power to use and control public lands of 
the state. Forthwith upon the acquisition by the commission 
in the name of the state through purchase, condemnation or 
otherwise of any real property or interest or easement there- 
in, such property or rights shall, without further action, and 
by virtue of this act, be and become dedicated to the uses and 
purposes of the commission. 

7-d. Separability Clause. If any provisions of this act, 
or the application thereof to any person or circumstance, is 
held invalid, the remainder of the act, and the application 
of such provision to other persons or circumstances, shall not 
be affected thereby. 

7-e. Declaration of Purpose. It is hereby declared that 
the purposes of this act are public and that the commission 
shall be regarded as performing a governmental function in 
carrying out the provisions of this act. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



Section 

2. Takes effect. 



1935] Chapter 133 299 

CHAPTER 133. 

AN ACT RELATING TO THE WEIGHT OF MOTOR VEHICLES. 

Section 

1. Weight of motor vehicles. 

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

1. Motor Vehicles, Weight Limited. Amend section 22 
of chapter 103 of the Pubhc Laws, as amended by section 1 of 
chapter 77 of the Laws of 1927, as amended by section 1 of 
chapter 33 of the Laws of 1929, as amended by section 1, of 
chapter 157 of the Laws of 1933, by striking out the words 
''twenty thousand" and by inserting in place thereof the 
words, twenty-three thousand, so that said section as amended 
shall read: 22. Weight. No vehicle of four wheels or less 
whose gross weight including load is more than twenty-three 
thousand pounds, no vehicle having a greater weight than 
fifteen thousand pounds on one axle, and no vehicle having a 
load of over seven hundred and fifty pounds per inch width 
of tire concentrated on the surface of the highway (said 
width in the case of rubber tires to be measured between the 
flanges of the rim) shall be operated on the highways of this 
state; provided, that this shall not prohibit the use of road 
rollers used in the construction or maintenance of highways. 
And be it further provided that jurisdiction is hereby jointly 
vested in the state highway commissioner and the motor vehi- 
cle commissioner to grant emergency permits upon proper ap- 
plication in writing to move objects or a vehicle and load 
having a weight, width or length greater than as herein pre- 
scribed, or permits upon proper application in writing to oper- 
ate passenger carrying vehicles, not exceeding thirty-three 
feet in length and not exceeding twenty-six thousand pounds 
in weight, upon such highways and at such seasons of the year 
as in their opinion will not be detrimental to the preservation 
of said highways and the public use thereof. Provided, that 
said commissioners may require a hearing before granting 
said permit and that said commissioners may withhold said 
permit until applicant has filed a bond to cover any possible 
damage to the highways or to the bridges over which the 
object to be moved may pass and to fulfill such rules and 
regulations as are prescribed by said commissioners. 

2. Takes Effect. This act shall take effect upon its passage. 
[Approved June 20, 1935.] 



Section 

5. Funds authorized. 

6. Short-term notes. 

7. Takes effect. 



300 Chapter 134 [1935 

CHAPTER 134. 

AN ACT RELATIVE TO THE IMPROVEMENT OF RYE HARBOR. 

Section 

1. Acquisition authorized. 

2. Eminent domain proceedings. 

3. Relocation of highway. 

4. Appropriations. 

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

1. Acquisition Authorized. The governor and council are 
hereby authorized and empowered to acquire for the state 
either by purchase or by eminent domain proceedings any real 
estate within the area known as Ragged Neck situated in the 
town of Rye and a section of marsh land adjacent thereto 
which they may deem necessary for the establishment of a 
military drill field and emergency airplane landing field, recre- 
ational area, park or public highway, and to accept deeds 
thereof in the name of the state. 

2. Eminent Domain Proceedings. If the governor and 
council shall deem it necessary for the purposes aforesaid to 
institute eminent domain proceedings for the acquisition 
of said land the proceedings therefor shall be as provided in 
sections 18 to 28 of chapter 19 of the Public Laws. 

3. Relocation of Highway. The governor and council may 
discontinue such parts of the Ocean Boulevard in the town of 
Rye, as lie within the limits of the land to be acquired by the 
state under the provisions of section 1 hereof, as they may 
deem necessary, and may provide for the relocation of said 
Ocean Boulevard across the tract acquired by the state. The 
expense of such relocation of the Ocean Boulevard shall be a 
charge upon the highway funds. 

4. Appropriations. A sum not exceeding twenty-five 
thousand dollars is hereby appropriated for the purposes of 
this act provided that no part of said sum shall be used for 
the expense of relocation of the highway. 

5. Funds Authorized. The treasurer is hereby authorized 
to borrow upon the credit of the state an amount not exceed- 
ing twenty-five thousand dollars to provide the funds herein 
appropriated and for that purpose may issue bonds and notes 
at such times, in such denominations, and with such rates of 
interest, dates of maturity, and other provisions as the gov- 
ernor and council shall determine. The proceeds from the 



1935] Chapter 135 301 

sale of such notes and bonds shall be held by the treasurer and 
paid out by him upon warrant drawn by the governor, with 
the advice and consent of the council, for the purposes herein 
set forth. 

6. Short-Term Notes. Prior to the issuance of the bonds 
herein provided, the treasurer under the direction of the gov- 
ernor and council may for said purposes borrow money from 
time to time on short-term notes to be refunded by the issu- 
ance of said bonds, 

7. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 135. 

AN ACT TO PROMOTE RURAL ELECTRIFICATION. 



Section 

2. Takes effect. 



Section 

1. Authority granted. 

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

1. Authority Granted. The governor and council, or their 
duly authorized agent or agents, are hereby authorized and 
empowered to co-operate and contract in the name of and on 
behalf of the state with the federal government and its agen- 
cies in such manner and to such extent as they may deem for 
the best interests of the citizens of this state, for the pur- 
pose of promoting the construction, maintenance and opera- 
tion of rural electric lines in territory not adequately fur- 
nished with electricity ; to accept gifts or grants of money or 
property; and to do all necessary and proper things desired 
by the federal government to facilitate the distribution and 
use of electricity, electrical equipment and appliances. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



J02 Chapter 136 [1935 

CHAPTER 136. 

AN ACT RELATING TO TRANSPORTATION OF MEMBERS OF THE 

LEGISLATURE. 



Section 

1. Transportation of members 

of legislature and em- 
ployees. 

2. Repeal. 



Section 

3. Public officials. 

4. Transportation. 

5. Application of law. 

6. Takes effect. 



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

1. Transportation of Members of Legislature and Em- 
ployees. Amend chapter 4 of the Public Laws by striking 
out sections 15, 16 as amended by chapter 120, Laws of 1927, 
and section 17 and inserting in place thereof the following 
new sections: 15. Travel. Members of the general court in 
attending upon any session shall be allowed ten cents a mile 
for their travel to and from their homes to the city of Concord. 
Said travel for each member shall be computed on the basis 
of one trip each way once a week for each week or part thereof 
that the legislature may be in session, provided that if any 
member shall not attend at least one day during any week he 
shall not be allowed any travel for said week. 16. Computa- 
tion of Distance. The distance traveled by a member from 
his home to Concord shall be computed by the nearest traveled 
highway. The committee on mileage shall determine said dis- 
tance and also shall determine the amount of travel to be 
allowed each member under the provisions of the preceding 
section. 17. Employees. The officers and employees of the 
senate and house of representatives at each session of the 
legislature shall be allowed mileage and transportation as 
state officials are allowed, and their names shall be entered 
upon the pay rolls of the respective branches accordingly. 

2. Repeal. Sections 18 and 19 of said chapter 4, relative 
to illegal use of legislative tickets, are hereby repealed. 

3. Public Officials. Amend section 14 of chapter 251 of 
the Public Laws by striking out said section and inserting in 
place thereof the following : 14. State Contracts. The gov- 
ernor shall contract for the steam railroad transportation of 
state officers, during their respective terms of office. 

4. Transportation. Amend section 17 of chapter 251 of 
the Public Laws by striking out said section and inserting in 



1935] Chapter 137 303 

place thereof the following: 17. Legislators. Unless, on 
account of some emergency, the governor otherwise specifi- 
cally directs, members of the legislature shall not be allowed 
for expenses of transportation except such travel as may be 
allowed under the provisions of sections 15 and 16 of chapter 
4 of the Public Laws, provided that the governor may contract 
for the transportation of members of committees and county 
delegations on trips to places in this state which are reason- 
ably necessary to the proper conduct of legislative business. 

5. Application of Law. The provisions of this act shall 
apply to the members, officers and employees of the 1935 ses- 
sion of the general court and any payment made to or expense 
incurred for any such member, officer or employee heretofore 
shall be deducted in the allowance of mileage for this session. 
No member, officer or employee of said 1935 session shall be 
entitled to any mileage of any kind other than as provided in 
this act. 

6. Repeal; Takes Effect. All acts and parts of acts incon- 
sistent with the provisions of this act are hereby repealed as 
of the beginning of the 1935 session, and this act shall take 
effect as of the beginning of said session. Any resolution of 
either branch of the legislature, relative to mileage of mem- 
bers, is hereby repealed as of the date of the passage of such 
resolution. 

[Approved June 20, 1935.] 



CHAPTER 137. 

AN ACT RELATING TO AID FOR THE BLIND. 



Section 

3. Appropriation. 

4. Temporary provision. 

5. Takes effect. 



Section 

1. Needy blind persons. 

2. State administration; reim- 

bursements by state; ap- 
proval of claims; reports. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Needy Blind Persons. Amend chapter 115 of the Pub- 
lic Laws by striking out sections 10, 11, 12 and 13 thereof 
and inserting in place thereof the following new sections: 
10. Residence. In order to receive relief under these pro- 
visions a needy blind person shall have been a resident of the 
state for at least five years within the nine years immediately 
preceding his application for assistance, and has resided 



304 Chapter 137 [1935 

therein continuously for a period of one year immediately 
preceding said application and shall be a resident of the county 
to which application is made. 

11. Applications. At least five days prior to action on any 
claim for relief hereunder, the person claiming relief shall file 
with the county commissioners of the county where such per- 
son resides a duly verified statement of the facts bringing him 
within these provisions. The list of claims shall be filed in 
the order of their reception in a book kept for that purpose, 
which record shall be open to the public. 

12. Certificates. No certificate of qualification to draw 
money hereunder shall be granted until the applicant has filed 
a statement signed by a reputable physician skilled in diseases 
of the eye that he knows the applicant to be blind, and a state- 
ment by the selectmen of the town where the applicant re- 
sides that he has the residential qualifications to entitle him 
to aid, and their recommendation of aid to a certain amount, 
nor until the county commissioners are satisfied from such 
statements and upon such further examination as they may 
make that the claim is well founded. 

13. Relief. If the county commissioners are satisfied that 
the applicant is entitled to relief hereunder they shall furnish 
aid to him in such sum as they find needed, not to exceed thir- 
ty dollars per month, to be paid from the county treasury, and 
such relief shall be in place of all other relief of a public 
nature. 

2. State Administration. Further amend said chapter 115 
by adding after section 16 thereof the following new sections : 
16-a. Supervision. The state board of public welfare shall 
supervise the administration of assistance to the blind under 
the provisions of this chapter. Said board shall prescribe the 
form of and print and supply to the county commissioners 
blanks of application, reports, affidavits and such other forms 
as it may deem advisable. Said board is hereby authorized to 
and shall make rules and regulations necessary for the carry- 
ing out of the provisions of this chapter to the end that assist- 
ance to the blind may be administered uniformly throughout 
the state, having regard for the varying costs of living in dif- 
ferent parts of the state and that the spirit and purpose of 
this chapter may be complied with. Said board is also author- 
ized to make such rules and regulations as may be necessary 



1935] Chapter 137 305 

to conform with any requirements of the social security board 
or any other agency established under the provisions of the 
Social Security Act as passed by the Congress of the United 
States. 

16-b. Appeal. If an application is denied or the grant is 
deemed inadequate by the applicant, or the amount of assist- 
ance is reduced or withdrawn and the applicant feels aggrieved 
by such action of the commissioners, he may apply to the 
state board of public welfare. Said board shall upon receipt 
of such an appeal review the case and may also upon its own 
motion review any decision made by the cotmty commission- 
ers. Said board may make such additional investigation as 
it may deem necessary, and shall make such decision as to the 
granting of assistance and the amount and nature of assist- 
ance to be granted the applicant as in its opinion is justified 
and in conformity with the provisions of this chapter. All 
decisions of said board shall be binding upon the counties in- 
volved and shall be complied with by the county officials. 

16-c. Reimbursement by the State. The county commis- 
sioners and county treasurers shall keep such records and ac- 
counts in relation to assistance to the blind as the state board 
of public welfare shall prescribe. The state shall reimburse 
each county to the extent of five per cent of the amount ex- 
pended for assistance to each blind person which has been 
granted under the provisions of this chapter and in accordance 
with the rules of the board. The board of public welfare is 
hereby authorized to disburse any funds received from the 
United States government for assistance to the blind. Claims 
for reimbursement shall be presented by the respective coun- 
ties at such times and in such manner as the board may pre- 
scribe. 

16-d. Approval of Claims. The approval of such claims 
shall be made by the board of public welfare in accordance 
with the provisions of this chapter and the rules of said board. 
The board shall certify to the state treasurer the amounts so 
approved by it, specifying the amount to which each county is 
entitled. The amounts so approved shall be paid by the state 
treasurer upon the warrant of the governor to such counties. 

16-e. Revocation. If at any time the state board of pub- 
lic welfare has reason to believe that assistance to the blind 
has been or is being improperly granted, it shall cause an in- 



306 Chapter 137 [1935 

vestigation to be made. If upon such investigation it appears 
that the assistance was improperly granted, the board shall 
immediately notify the county commissioners to revoke or 
modify said assistance. 

16-f. Reports. County commissioners shall make such 
reports and in such detail as the state board of public welfare 
may from time to time require, and shall transmit to said 
board upon its request copies of the application and any or all 
other records pertaining to any case. Said board is hereby 
authorized and directed to make such reports and in such de- 
tail as may be required of it to the federal government. With- 
in ninety days after the close of each calendar year, said board 
shall make a report to the governor and council for the preced- 
ing year, which shall include a full account of the administra- 
tion of this chapter, the expenditure of all funds under this 
chapter, adequate and complete statistics concerning assist- 
ance to the blind, and such other information as the board may 
deem advisable, or the governor and council may request. 

16-g. Assignability of Assistance. All assistance given 
under this chapter shall be inalienable by any assignment or 
transfer and shall be exempt from levy or execution under 
the laws of this state. 

16-h. Expenses. All necessary expenses incurred by 
county commissioners in carrying out the provisions of this 
chapter shall be paid by the county subject to reimbursement 
as herein provided. 

3. Appropriation. There is hereby appropriated from any 
money in the treasury not otherwise appropriated, a sum not 
exceeding three thousand dollars for the fiscal year ending 
June 30, 1936, and a similar amount for the fiscal year ending 
June 30, 1937, for the purpose of paying the state's contribu- 
tion for assistance to the blind under this act. 

4. Temporary Provision. During the period that the state 
board of welfare and relief shall perform the duties of the 
state board of public welfare said board of welfare and relief 
shall have all the powers and perform all the functions con- 
ferred upon said board of public welfare by this act. 

5. Takes Effect. All acts or parts of acts inconsistent 
with this act are hereby repealed and this act shall take effect 
July 1, 1935. 

[Approved June 20, 1935.] 



Section 

2. Takes effect. 



1935] Chapters 138, 139 307 

CHAPTER 138. 

AN ACT RELATING TO THE MEMBERSHIP OF THE EXAMINING 

BOARD FOR PLUMBERS. 

Section 

1. Examining board. 

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

1. Examining Board. Amend section 3 of chapter 153 of 
the Public Laws by striking out said section and inserting in 
place thereof the following: 3. Appointment. Said board 
shall be appointed by the mayor with the approval of the 
board of aldermen or by the board of selectmen, and shall con- 
sist of a master plumber who has been engaged for at least 
five years in active plumbing business in the state, a plumbing 
inspector, or in the absence of such officer, a member of the 
local board of health, and a journeyman plumber who has had 
at least five years' active service. They shall serve without 
pay. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 139. 

AN ACT REQUIRING TOILET FACILITIES IN RESTAURANTS AND 
OTHER PUBLIC EATING PLACES. 



Section 

1. Toilet facilities to be pro- 
vided for restaurants. 



Section 

2. Penalty. 

3. Takes effect. 



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

1. Toilet Facilities to be Provided for Restaurants. All 

restaurants, dining rooms, lunch rooms, tea rooms and other 
places where the business of serving food to the public is con- 
ducted shall be equipped with toilets and lavatories convenient 
of access for the use of patrons. Separate toilets and lava- 
tories shall be provided for women except where the circum- 
stances may be such as, in the judgment of the health officer,' 
to render separate provision unnecessary. Provided that the 
provisions of this act shall not apply to the service of lunches 
in stores or at roadside refreshment booths, nor to food service 
of temporary character, nor to portable bona fide lunch carts 



308 Chapter 140 [1935 

without sewer connection, nor to establishments existing on 
the date this act becomes effective where the required instal- 
lation could not be made without major alterations or an addi- 
tion to the building. The state board of health and the health 
officers of cities and towns are charged with the enforcement 
of this act. 

2. Penalty. Whoever violates any of the provisions of 
this act shall be fined not less than ten nor more than one hun- 
dred dollars. From ten days after the date of a conviction 
hereunder, each subsequent day of failure to comply shall con- 
stitute a separate and distinct offense. 

3. Takes Effect. This act shall take effect October 1, 
1935. 

[Approved June 20, 1935.] 



CHAPTER 140. 

AN ACT TO REIMBURSE THE FEDERAL GOVERNMENT FOR 
EMERGENCY CONSERVATION WORK ON STATE LANDS. 



Section 



Section 



1. Federal emergency work. 3. State land. 

2. Application of receipts of 4. Purpose. 

state money. 5. Takes effect. 

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

1. Federal Emergency Work. Amend chapter 192 of the 
Public Laws, as amended by chapter 130 of the Laws of 1927, 
by inserting after section 7 a new section to read as follows: 
7-a. Reimbursement. Notwithstanding the provisions of 
the previous section if upon a sale of state lands or products 
of such lands the state forester shall determine that the state 
has derived a direct cash profit as the result of work done 
on the land sold or on land the products of which are sold, 
done or to be done by the Federal Emergency Conservation 
Corps, one half the profit from said sale of land or one half the 
proceeds of the sale of such products, or such lesser amount 
as may be sufficient (such amount to be determined by the 
state forester with the approval of the state comptroller) 
shall be applied to or towards reimbursing the United States 
government for moneys expended by it for the work so done, 
but not exceeding in the aggregate three dollars per acre. The 
state forester with the approval of the state comptroller shall 
fix and determine the amount of said profit or proceeds. Such 



1935] Chapter 140 309 

one-half part of such profit or proceeds as the case may be 
shall be retained by the state treasurer in a separate fund 
until the account of the United States government with re- 
spect to such sale becomes liquidated. Upon completion of the 
sale the state forester, subject to the approval of the state 
comptroller, is hereby authorized to settle with the proper 
federal authority an account fixing the amount due the United 
States government and the amount so fixed shall be paid by 
the treasurer. The unexpended remainder, if any, of such 
one-half part of such profit or proceeds shall then be applied 
as otherwise provided by law for the proceeds of the sale 
of state lands and products thereof. 

2. Amendment. Amend section 11, chapter 15 of the Pub- 
lic Laws, as amended by section 2, chapter 130, Laws of 
1927, by inserting after the word "fund" in the twelfth line 
the words, except as provided by section 7-a of chapter 192 of 
the Public Laws, so that said section as amended shall read as 
follows: 11. Application of Receipts. Moneys received by 
the state treasurer, as provided in section 10, shall be available 
for general revenue of the state with the following excep- 
tions: Moneys received by the fish and game department, 
which shall be credited to the fish and game fund; fees from 
the motor vehicle department, which, after deducting the 
amount allowed by the legislature for maintaining said de- 
partment, shall be credited to the highway department for 
maintenance of highways ; revenues from rentals and the sale 
of products from state forests and forestry reservations, 
which, except that from the sale of nursery stock from the 
state forest nursery, shall be credited to the forest improve- 
ment fund, except as provided by section 7-a of chapter 192 
of the Public Laws ; and the fees collected by the public serv- 
ice commission of railroads, public utilities and owners of 
dams for money paid out by the commission to experts and 
assistants not in its regular employ, which fees shall be appro- 
priated to reimburse the state for money so paid out. The 
full amount allowed for the maintenance of each institution 
and department shall be appropriated by each legislature for 
the biennial period next following, and the money derived 
from the sale of farm and minor industrial products of insti- 
tutions shall be credited to the appropriation for the institu- 
tion from which derived. 



310 Chapter 141 [1935 

3. State Lands. Amend section 28-a of chapter 19 of the 
Public Laws as inserted by chapter 105 of the Laws of 1931, 
by adding after the word "department" in the eighth line the 
words, except as provided by section 7-a of chapter 192 of the 
Public Laws, so that said section as amended shall read as 

follows: 28-a. , Disposal of. Upon recommendation of 

the head of any state department having jurisdiction over the 
same the governor and council may sell, convey, transfer or 
lease any real property owned by the state. The funds accru- 
ing from such disposal shall revert to the credit of such depart; 
ment, except as provided by section 7-a of chapter 192 of the 
Public Laws. This section shall not apply to sale of institu- 
tional lands as provided by section 5, chapter 9 of the Public 
Laws, as amended by section 1, chapter 40 of the Laws of 
1927, and section 1, chapter 5 of the Laws of 1931, nor to real 
estate given or bequeathed to the state under provisions of 
trust. 

4. Purpose. These provisions are enacted to procure a 
continuance of federal emergency conservation work within 
the state and shall not be construed to authorize the sale of 
state lands or products thereof but shall apply only to a sale 
now or hereafter authorized by other provisions of law. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 141. 

AN ACT CONTINUING AN APPROPRIATION FOR EMERGENCY 

UNEMPLOYMENT RELIEF BY FORESTRY AND GENERAL 

IMPROVEMENT WORK. 



Section 
2. Takes effect. 



Section 

1. Emergency relief of unem- 
ployment. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Emergency Relief of Unemployment. Any unexpended 
balances of the appropriations for the fiscal year 1934-1935 
for emergency relief of unemployment, as provided by sections 
7 and 8 of chapter 150 of the Laws of 1933, are hereby made 
available for the same emergency purposes as stated in the 
before-mentioned sections. Said sums may be expended 



1935] Chapter 142 311 

under the direction of the governor and council at any time 
prior to June 30, 1937. 

2. Takes EflFect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 142. 

AN ACT DEFINING THE WORD "EMPLOYER" AS USED IN THE LAWS 

RELATIVE TO UNEMPLOYMENT COMPENSATION. 

Section 

1. Unemployment compensation. 

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



Section 
2. Takes effect. 



1. Amendment. Amend paragraph V of section 1 of 
chapter 179-A of the Public Laws as inserted by chapter 99 
of the Laws of 1935 by striking out said paragraph and in- 
serting in place thereof the following: 

V. "Employer," any person, partnership, association, 
corporation, whether domestic or foreign, or the legal repre- 
sentative, trustee in bankruptcy, receiver, or trustee thereof, 
or the legal representative of a deceased person, who or whose 
predecessor in interest has had in his employ in employment 
subject to this chapter four or more persons during a portion 
of each of some thirteen days, each day being in a different 
calendar week, in the preceding calendar year; provided that 
such employment in 1935 shall make an employer subject on 
January 1, 1936, and such employment in any subsequent cal- 
endar year shall make a newly subject employer subject for 
all purposes as of January first of the calendar year in which 
such employment occurs. 

In determining whether an employer employs enough 
persons to be subject hereto, and in determining for what 
contributions he is liable hereunder, he shall, whenever he 
contracts with any contractor or subcontractor for any work 
which is part of his usual trade, occupation, profession, or 
business, be deemed to employ all persons employed by such 
contractor or subcontractor on such work, and he alone shall 
be liable for the contributions measured by wages paid to 
such persons for such work; except as any such contractor or 
subcontractor, who would in the absence of the foregoing pro- 
visions be liable to pay said contributions, accepts exclusive 



312 Chapter 143 [1935 

liability for said contributions under an agreement with such 
employer made pursuant to general rules of the commissioner. 

All persons thus employed by an employer in all of his 
several places of employment maintained within the state, 
shall be treated as employed by a single employer for the pur- 
poses of this chapter; provided, moreover, that where any 
employer, either directly or through a holding company or 
otherwise, has a majority control or ownership of otherwise 
separate business enterprises employing persons in the state, 
all such enterprises shall be treated as a single employer for 
the purposes of this chapter. 

Any employer who shall cease to be subject hereto shall 
forthwith notify the commissioner thereof in writing, setting 
forth the facts in such detail and in such manner as the com- 
missioner may by general rule prescribe. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 143. 

AN ACT RELATING TO STATE BUILDING. 



Section 

5. Bonds authorized. 

6. Short-term notes. 

7. Takes effect. 



Section 

1. Appropriation. 

2. Expenditure. 

3. Committee established. 

4. Federal assistance. 

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

1. Appropriation. The sum of one million dollars or so 
much thereof as may be necessary is hereby appropriated to 
be expended, together with such sums as may be received by 
way of grant from the federal government or any agency 
thereof, by the governor with the advice and consent of the 
council as they may determine to be for the best interests of 
the state in the fulfillment of the purposes herein set forth. 

2. Expenditure. Said sums shall be expended for the con- 
struction, alteration, repair, equipment and improvement of 
state lands, institutions and buildings, for the acquisition of 
land and property necessary therefor, and for any other pur- 
poses necessary or incidental to the foregoing. 

3. Committee Established. There is hereby established a 
legislative building committee of eight members who shall 



1935] Chapter 143 313 

serve until July 1, 1937. Five of said committee shall be 
members of the 1935 house of representatives, appointed by 
the speaker of said house. The remaining three shall be 
members of the 1935 senate, appointed by the president there- 
of. The committee shall serve solely as an advisory body to 
advise the governor and council relative to expenditures 
authorized by this act. 

4. Federal Assistance. The governor and council are 
hereby authorized to co-operate with and enter into such 
agreements with the federal government or any agency there- 
of as they may deem advisable to secure federal funds for the 
purposes of this act. 

5. Bonds Authorized. In order to supply the funds herein 
appropriated the state treasurer is hereby authorized under 
the direction of the governor and council to borrow upon the 
faith and credit of the state a sum not exceeding one million 
dollars and for that purpose may issue negotiable bonds and 
notes in the name of and on behalf of the state with such 
rates of interest, in such form and denominations, with such 
provisions as to registration, place or places of payment of 
principal and interest, and with such dates of maturity and 
other provisions as the governor and council may determine. 
Such bonds and notes shall be signed by the treasurer, coun- 
tersigned by the governor, have the great seal of the state 
affixed thereto, be attested by the secretary of state, and 
shall be deemed a pledge of the faith and credit of the state. 
The signatures and countersignatures on such bonds may be 
autographic or by facsimile. In case any of the officers whose 
signatures appear on the bonds or coupons shall cease to be 
such officers before the delivery of such bonds, such signatures 
shall nevertheless be valid and sufficient for all such purposes 
the same as if such officers had remained in office until such 
delivery. The treasurer may negotiate and sell such bonds 
or notes under the direction of the governor and council in 
such manner as they may determine to be most advantageous 
to the state. The proceeds from the sale of such bonds and 
notes shall be held by the treasurer and paid out by him upon 
warrant drawn by the governor with the advice and consent of 
the council for the purposes of this act. 

6. Short-Term Notes. Prior to the issuance of the bonds 
hereunder, the treasurer under the direction of the gover- 



314 Chapter 144 [1935 

nor and council may for the purposes hereof borrow money 
from time to time on short-term loans to be refunded by the 
issuance of the bonds hereunder. 

7. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935] 



CHAPTER 144. 

AN ACT RELATING TO PUBLIC EMPLOYMENT OF VETERANS. 



Section 
3. Takes effect. 



Section 

1. Employment of veterans. 

2. Towns and cities. 

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

1. Employment of Veterans. In public employment of 
clerks, office help, mechanics, laborers, inspectors, supervi- 
sors, foremen, janitors, peace officers and relief employees in 
the construction of public works, public projects and in the 
conduct of state, city, town and/or district departments by the 
state or by a county, city, town or district, or by persons con- 
tracting therewith for such construction, carrying out of relief 
projects and in the conduct of state, city, town and/or district 
departments, preference shall be given as between persons 
equally qualified to citizens of the state who have served in 
the army, navy and/or marine corps of the United States in 
time of war, and have been honorably discharged therefrom 
or released from active duty therein. Where such employ- 
ment is obtained from relief rolls or for persons in need, in 
cases of equal or greater need preference among equally 
qualified persons shall be given to such veterans. 

2. Towns and Cities. The selectmen of towns and city 
councils of cities shall take any necessary action to secure the 
employment of said veterans in said services of their respec- 
tive cities and towns as hereinbefore provided. 

3. Takes Efifect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



Section 

5. Report. 

6. Secretary of state. 

7. Takes effect. 



1935] Chapter 145 315 

CHAPTER 145. 

AN ACT ESTABLISHING THE NEW HAMPSHIRE COMMISSION ON 
INTERSTATE CO-OPERATION. 

Section 

1. Commission established. 

2. Membership. 

3. Term of office. 

4. Compensation. 

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

1. Commission Established. There is hereby established 
the New Hampshire Commission on Interstate Co-operation 
whose function it shall be to perfect the participation of this 
state in the Council of State Governments for the purpose of 
establishing and maintaining governmental machinery to fa- 
cilitate communication, negotiation, understanding and co- 
operation between the state of New Hampshire and the other 
states of the union, both regionally and nationally. 

2. Membership. The said commission shall be composed 
of fifteen members appointed as follows: Five members of 
the senate, to be appointed by the president of the senate, 
five members of the house of representatives, to be appointed 
by the speaker of the house, and five officials of the state to 
be appointed by the governor one of whom shall be designated 
by him as chairman of the commission. 

3. Term of Office. The state officials designated as mem- 
bers of said commission shall serve for such term as the gov- 
ernor may determine, the members of the commission who 
are members of the senate and house shall serve during their 
term as such members of the senate and house and until their 
successors are appointed. 

4. Compensation. The members of said commission on 
interstate co-operation shall serve without compensation. 

5. Report. The commission shall report to the governor 
and to the legislature on the first day of each regular legis- 
lative session, and at such other times as it deems proper. 

6. Secretary of State. The secretary of state of this state * 
shall forthwith send a copy of this act to the governor and 
to the legislature of each of the other states of the union with 
the respectful request that each legislature shall enact a 
measure similar to this act, thus establishing a similar com- 
mission with like duties and thus joining this state in the 



316 Chapter 146 [1935 

common cause of reducing the burdens which are imposed 
upon our citizens by governmental confusion, competition and 
conflict. 

7. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 146. 

AN ACT RELATING TO THE NEW HAMPSHIRE STATE EMPLOYMENT 

SERVICE. 



Section 

2. Takes effect. 



Section 

1. New Hampshire state em- 
ployment service estab- 
lished; federal act ac- 
cepted; city and town 
clerks to co-operate. 

Be it enacted by the Senate and House of Representatives in 

Gene7'al Court convened: 

1. New Chapter. Amend chapter 175 of the Public Laws 
by striking out the whole of said chapter and inserting in 
place thereof the following: 

1. Acceptance of Act. The state of New Hampshire here- 
by accepts an act of Congress entitled "An act to provide for 
the establishment of a National Employment System and 
for co-operation with the State in the promotion of such 
System, and for other purposes," approved June 6, 1933, in 
conformity with section 4 thereof. 

2. Agency Designated. The commissioner of labor is here- 
by designated as the state agency for the purposes of said 
act and is hereby authorized and directed to co-operate with 
the United States Employment Service under said act and is 
given full power to co-operate with all authorities of the 
United States having powers and duties under such act, and 
to do and perform all things necessary to secure to the state 
of New Hampshire the benefit of such act in the promotion 
and maintenance of a system of public employment offices. 

3. Employment Offices. The commissioner of labor shall 
establish and maintain a New Hampshire state employment 
office responsible for the administration of a system of public 
employment offices throughout the state. Such offices shall be 
located in such places as the commissioner may determine and 
shall be managed in accordance with rules and regulations 



1935] Chapter 147 317 

adopted by the commissioner. The commissioner shall ap- 
point such clerks and assistants as may be necessary for the 
conduct thereof and shall fix their compensation. 

4. Preference. In registering applications for employ- 
ment and for employees wanted preference shall be given to 
residents of the state. 

5. Co-operation. It shall be the duty of the city and town 
clerks to co-operate with the New Hampshire state employ- 
ment office in the reception and forwarding of applications 
from those seeking employment and those desiring employees. 
Such city or town clerks shall receive no compensation from 
the state for such services but may receive additional com- 
pensation therefor according to the direction of the respective 
cities and towns. 

6. Reports. The commissioner of labor shall prepare and 
publish from time to time reports relating to the activities 
of the said New Hampshire state employment office. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 147. 

AN ACT REGARDING THE COMPENSATION OF COUNTY COMMIS- 
SIONERS FOR CHESHIRE COUNTY. 



Section 

2. Takes effect. 



Section 

1. Cheshire county commission- 
ers, temporary salary in- 
crease. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Temporary Salary Increase. For each of the periods 
from April 1, 1935, to April 1, 1936, and from April 1, 1936, 
to April 1, 1937, each county commissioner of the county of 
Cheshire, in addition to the salary provided for by section 28, 
chapter 38, Public Laws, as amended, shall be allowed and 
paid by the county the sum of three hundred dollars, and the 
commissioner of said county who serves as clerk of the board 
shall for each of said periods receive an additional sum of 
three hundred dollars. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



318 Chapter 148 [1935 

CHAPTER 148. 

AN ACT TO REGULATE THE TRAFFIC IN INTOXICATING LIQUOR. 



Section 

1. Forfeiture of liquor and 
beverages. 



Section 

2. Repeal. 

3. Takes effect. 



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

1. Forfeiture. Amend chapter 3 of special session Laws 
of 1934 by inserting the following sections after section 29-a 
of said chapter: 

29-b. Seizure. Any liquor possessed, kept for sale or 
transported in violation of the provisions of this chapter or 
any law of the state of New Hampshire, together with the 
casks, bottles or other paraphernalia used in such illegal pos- 
session, keeping or transportation, shall be subject to seizure 
either upon a warrant issued upon a complaint against the per- 
son charged with violating the law, and containing a command 
for such seizure, or upon a libel directed against the property, 
filed in accordance with the provisions of chapter 372 of the 
Public Laws, and upon due proceedings may be adjudged for- 
feited. When any sheriff or deputy sheriff, duly appointed 
police officer or constable of any city or town, or other duly ap- 
pointed law enforcement officer, shall discover any person in 
the act of transporting intoxicating liquor in violation of this 
chapter or any other law of this state, in any wagon, buggy, 
automobile, water or air craft, or other vehicle, or any other 
conveyance, it shall be his duty to seize any and all intoxi- 
cating liquors found therein being transported contrary to 
law. Provided that no officer shall, without a warrant, cause 
any automobile or other vehicle traveling upon a public high- 
way in this state to be stopped for the purpose of searching 
the same for intoxicating liquor unless he has reasonable 
cause to believe that such automobile or other vehicle is, at 
the time of said stopping or search, being used for the illegal 
transportation of intoxicating liquor. Whenever intoxicat- 
ing liquors being illegally transported shall be seized by an 
officer he shall take possession of any vehicle, team, automo- 
bile, boat, air or water craft, or any other conveyance engaged 
in such illegal transportation, and shall arrest any person or 
persons in charge thereof. Such officer shall at once proceed 
against the person or persons arrested under the provisions 
hereof in any court having competent jurisdiction, and the 



1935] Chapter 148 319 

said vehicle or conveyance, on due proceedings in accordance 
with the provisions of chapter 372, may be adjudged forfeited, 
unless by intervention or otherwise at said hearing, or in 
some other proceeding brought for the purpose, a bona fide 
lien or liens shall be established to have been created without 
notice that such vehicle was being used or was to be used for 
the illegal transportation of liquor, whereupon such vehicle 
may be ordered sold by the court, and the proceeds thereof, 
after deducting the expenses of keeping and sale, used for the 
purpose of paying such liens in the order of their priority, and 
the balance disposed of as hereafter provided in section 29-c; 
or in case a lien or liens shall be established in excess of the 
value of such vehicle, the court shall order its surrender to 
the first lienor upon payment of costs of seizure, but subse- 
quent lienors shall have the right of redemption in the order 
of their liens upon satisfaction of prior liens and charges, 
provided such right is asserted within such time as the court 
shall fix in its said order of surrender. 

29-c. Forfeiture. Upon a decree of forfeiture, the liquor, 
with the casks, bottles, cases or containers, may be adjudged 
to be destroyed, or they, and any other property which 
may be seized or forfeited under the provisions of this law 
or any law now or hereafter in force, may be sold in accord- 
ance with the decree of the court. The proceeds of any sale 
of such property duly forfeited, after deducting the expense 
of the seizure and proceedings, shall be paid into the treasury 
of the county wherein the proceedings were determined, for 
its use. 

29-d. Forfeiture of Liquors and Beverages. Any person 
who is convicted of drunkenness or of driving a motor vehicle 
under the influence of liquor shall forfeit any liquor or bever- 
ages upon his person or in said vehicle, if any, at the time of 
the commission of said offense, provided that this provision 
shall not apply to liquor or beverages legally in his possession 
for the purpose of sale. Any liquor or beverages so forfeited 
shall be disposed of as the court may determine and the pro- 
ceeds, if any, shall be paid into the treasury of the county 
wherein the proceedings were determined for its use. 

2. Repeal. Chapter 67 of the Laws of 1935 is hereby 
repealed. 

3. Takes Effect. This act shall take effect upon its passage. 
[Approved June 20, 1935.] 



320 Chapters 149, 150 [1935 

CHAPTER 149. 

AN ACT INCREASING THE FEES FOR PERMITS TO SELL BEVERAGES. 

Section I Section 

1. Fees increased. | 2. Takes effect. 

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

1. Fees Increased. Amend chapter 99 of the Laws of 1933 
by adding after section 21 the following new section: 21-a. 
Increase, When Paid. In addition to the fees provided for 
in section 21 the following additional fees shall be required 
for permits issued: For each oif-sale or on-sale permit two 
dollars for every barrel of beverages containing not more than 
thirty-one gallons or the equivalent thereof sold by the permit- 
tee and to be paid on or before the tenth day of each month to 
the commission for beverages sold by the permittee during 
the preceding calendar month. Each holder of an on-sale or 
off-sale p'ermit, at the time of filing the report required by sec- 
tion 25 and paying the part of the permit fee which shall be 
due at time of filing said report as provided in section 21, shall 
also pay that part of the permit fee which shall be due at the 
time as provided in this section. 

2. Takes Effect. This act shall take effect upon its pas- 
sage.* 

[Approved June 20, 1935.] 



CHAPTER 150. 



AN ACT TO AMEND AN ACT INCREASING THE FEES FOR PERMITS 
TO SELL BEVERAGES, APPROVED JUNE 20, 1935. 

Section I Section 

1. Amendment. | 2. Takes effect. 

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

1. Amendment. Amend section 2 of the act entitled "An 
Act increasing the fees for permits to sell beverages," ap- 
proved June 20, 1935, by striking out the words "upon its 
passage" and inserting in place thereof the words, July 1, 1935, 
so that said section as amended shall read as follows: 2. 
Takes Effect. This act shall take effect July 1, 1935. 



* Amended, chapter 150. 



1935] Chapter 151 321 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 151. 

AN ACT RELATING TO THE SALE OF BEVERAGES BY CERTAIN 
FIRST-CLASS HOTELS. 



Section 

2. Takes effect. 



Section 

1. Sale of beverages by certain 
hotels. 

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

1. Sale of Beverages. Amend section 19 of chapter 3 of 
the Laws of special session of 1934 by striking out said section 
and inserting in place thereof the following: 19. Licenses 
for Hotels. The commission may issue licenses to first-class 
hotels in any city or town. The determination of what is 
a first-class hotel is to be within the discretion of the com- 
mission. Said licenses shall entitle the licensee to sell liquor 
by the glass and fortified wines by the bottle, if the cork is 
drawn, to bona fide guests with meals in the dining room or 
in the rooms of the guests, provided that in cities and towns 
voting not to accept the provisions of this act the licensee 
shall not sell such liquor or wines to a resident of a city or 
town in which such hotel is located. In cities and towns voting 
not to approve the sale of beverages under the provisions 
of chapter 99, Laws of 1933, any hotel holding a license issued 
under the provisions of this section shall be entitled to sell 
beverages to bona fide guests with meals in the dining room 
or in the rooms of the guests, provided that said licensee shall 
not sell such beverages to a resident of the city or town in 
which such hotel is located. The sale of beverages authorized 
hereunder by Hcensees shall be subject to all the provisions 
of chapter 99, Laws of 1933, provided that said licensee shall 
be entitled to a special on-sale permit for such sale and shall 
make payment of the monthly fees as provided in said chap- 
ter but shall not be required to make the payment of one 
hundred dollars annually with the application for such permit. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 21, 1935.] 



322 Chapter 152 [1935 

CHAPTER 152. 

AN ACT RELATIVE TO THE MANUFACTURE OF CERTAIN ALCOHOLIC 
BEVERAGES AND TO WHOLESALE PERMITTEES. 



Section 

3. Takes effect. 



Section 

1. Sale of beverages. 

2. Limitation on purchase of 

beverages. 

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

1. Sale of Beverages. Amend section 18 of chapter 99 of 
the Laws of 1933 by adding at the end thereof the following: 
The holder of a wholesale permit shall maintain a regular 
place of business in this state. The holder of a manufac- 
turer's permit shall in sales to persons within this state sell 
only to holders of a wholesaler's permit and retail permittees 
shall purchase only from such wholesalers ; so that said section 
as amended shall read as follows: 18. Wholesaler and Man- 
ufacturer, Restriction. The holder of a manufacturer's or 
wholesaler's permit shall not be entitled to hold an on-sale 
permit and may hold only one off -sale permit which shall be 
issued only in respect of the premises designated in his per- 
mit as a manufacturer or wholesaler. The holder of a whole- 
sale permit shall maintain a regular place of business in this 
state. The holder of a manufacturer's permit shall in sales 
to persons within this state sell only to holders of a whole- 
saler's permit and retail permittees shall purchase only from 
such wholesalers. 

2. Limitation on Purchase of Beverages. Amend section 
26 of chapter 99 of the Laws of 1933, as amended by section 
1, chapter 173, Laws of 1933, by striking out said section and 
inserting in place thereof the following: 26. Certificates of 
Approval. No wholesale permittee shall purchase any bever- 
age from any manufacturer not holding a permit issued under 
the provisions of chapter 99 of the Laws of 1933 and trans- 
port or cause the same to be transported into the state of New 
Hampshire for resale unless such manufacturer has obtained 
from the commission a certificate of approval which certificate 
shall not be granted unless and until such manufacturer shall 
have agreed with the commission to furnish to the commis- 
sion, on or before the tenth day of each month, a report under 
oath, on a form to be prescribed by the commission, showing 
the quantity of beverages sold or delivered to each wholesale 



1935] Chapter 153 323 

permittee during the preceding calendar month. If any such 
manufacturer shall, after obtaining such certificate, fail to 
submit any such report the commission shall, in their discre- 
tion, revoke such certificate. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 21, 1935.] 



CHAPTER 153. 

AN ACT RELATING TO MUNICIPAL LIGHTING SYSTEMS. 



Section 

3. Constitutionality. 

4. Repeal. 

5. Takes effect. 



Section 

1. Reports, accounts, records, 

etc. 

2. New chapter relative to 

municipal lighting sys- 
tems, acquisition by mu- 
nicipality. 

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

1. Reports, Accounts, Records, etc. Any city, town, or 
village district owning, operating or managing any plant or 
equipment, or any part of the same, for the manufacture or 
furnishing of light, heat, power, or water for the public, 
or engaged in the generation, transmission, or sale of electric- 
ity or gas ultimately sold to the public, shall be subject to 
all of the provisions of the Public Laws of New Hampshire 
set forth in chapter 240, sections 7 through 18, inclusive. 

2. New Chapter. Amend chapter 44 of the Public Laws 
by striking out the entire chapter and substituting therefor 
the following: 

1. Definitions. In this chapter, unless the context other- 
wise requires, the following words shall have the following 
meanings : 

"Commission," the Public Service Commission of New 
Hampshire. 

"Utility," any public utility engaged in the manufacture, 
and/or distribution, and/or sale of gas and/or electricity 
in the state of New Hampshire. 

"Municipality," any city, town or village district within 
the state of New Hampshire. 

2. Municipalities May Acquire. Any city, town or village 
district may take, purchase, lease or otherwise acquire and 
maintain and operate in accordance with the provisions of 



324 Chapter 153 [1935 

this chapter, one or more suitable plants for the manufacture 
and/or distribution of gas and /or electricity for municipal use 
and for the use of its inhabitants and others, and for such 
other purposes as may be permitted, authorized or directed 
by the commission ; and for these purposes may purchase and 
hold in fee simple or otherwise any real or personal estate and 
any rights therein, including water rights; and may do all 
other things necessary for carrying into effect the purposes of 
this chapter; and may excavate and dig conduits and ditches 
in any highway or other land or place, and erect poles, place 
wires, and lay pipes for the transmission and distribution of 
electricity and gas, in such places as may be deemed neces- 
sary and proper; and may change, enlarge and extend the 
same from time to time when the municipality shall deem 
necessary, and maintain the same, having due regard for the 
safety and welfare of its citizens and security of the public 
travel. 

3. Acquisition by Cities. Any city may acquire or estab- 
lish such a plant after the city council by vote of two thirds of 
its members shall have voted, subject to the veto power of 
the mayor as provided by law, that it is expedient so to do, and 
after such action by the city council shall have been confirmed 
by a majority of the qualified voters at a regular election or 
at a special meeting duly warned in either case; and if such 
confirming vote is not had within one year from the date of 
the vote to acquire, or if it is had and is unfavorable, no simi- 
lar votes shall be passed within two years thereafter. 

4. Acquisition by Towns. Any town or village district may 
acquire or establish such a plant after two thirds of all the 
voters present and voting at an annual or special meeting, 
duly warned in either case, have voted by ballot with the use 
of the check-list that it is expedient so to do. If such vote 
is unfavorable no like vote shall be passed within two years 
thereafter. 

5. Demand. Within thirty days after the passage of the 
confirming vote provided for in section 3 or the vote provided 
in section 4 hereof, the mayor of the city, the selectmen of 
the town, or the commissioners of the district shall notify in 
writing any utility engaged, at the time of said vote, in gen- 
erating or distributing gas or electricity for sale in said 
municipality, of said vote, and ask said utility whether it 



1935] Chapter 153 325 

elects to sell, in the manner hereinafter provided, that portion 
of its plant and property located within said municipality 
which is suitable for and used in connection with the business 
of said utility, and that portion, if any, lying without said 
municipality which the public interest may require the said 
municipality to purchase. 

6. Reply. The utility shall reply to such inquiry by de- 
livering its answer in writing to the mayor of the city, the 
selectmen of the town, or the commissioners of the district 
within sixty days of the receipt of said inquiry. If the reply 
is in the negative, or if the reply is not made within the sixty 
days aforesaid, the utility thereby forfeits any right it may 
have had to require the purchase of its plant and property 
by the municipality. If the reply is in the affirmative, it 
shall submit the price and terms it is willing to accept for all 
of said plant and property, together with a detailed schedule 
of all the plant and property it proposes to sell to said munici- 
pality, with appropriate deeds, bills of sale, and other proper 
evidences of title; and if any of said plant and property lies 
without the said municipality, a separate schedule of said 
plant and property, with its proportionate share of the pur- 
chase price, shall likewise be filed; and all of the said plant 
and property named in said schedules and used in connection 
therewith, shall at all reasonable times thereafter be open to 
the examination of the authorities and experts of the munici- 
pality or any other persons or boards charged with the duty 
of determining the fair value of said property. 

7. Agreement. The mayor and council of a city, the select- 
men of a town, or the commissioners of a village district, may 
negotiate and agree with the utility upon the price to be paid 
for such plant and property, provided, however, that such 
agreement shall not be binding upon any city until ratified 
by a vote of the city council or upon any town or village dis- 
trict until ratified by the voters of said town or village district 
in the manner provided in section 4 hereof for votes in towns 
or village districts, and said ratifying votes shall be had within 
ninety days of the date of the filing of the reply provided in 
section 6 hereof. 

8. Valuation. If the municipality does not ratify the 
agreement to purchase in the manner provided in section 7 
hereof; or if the price cannot be agreed upon; or if it cannot 



326 Chapter 153 [1935 

be agreed as to how much, if any, of said plant and property 
lying without said municipality the public interest requires 
said municipality to purchase ; or if the proposed conveyances 
or their contents, submitted in accordance with section 6 
hereof, are not satisfactory, either the municipality or the 
utility may petition the commission for a determination of 
these questions ; and the commission, after proper notice and 
hearing, shall decide the matters in dispute; and shall also, 
when required to fix the price to be paid for said plant and 
property, determine the amount of damages, if any, caused by 
the severance of the plant and property proposed to be pur- 
chased from the other plant and property of the owner; and 
from all of said determinations there shall be the right of ap- 
peal to the superior court, and upon such appeal the price de- 
termined by the public service commission may be considered 
as evidence on the question of the value of said plant and 
property. The expense to the commission for the investi- 
gation of the matters covered by said petition, including the 
amounts expended for experts, accountants or other assist- 
ants, and salaries and expenses of all employees of the com- 
mission for the time actually devoted to said investigation, 
but not including any part of the salaries of the commission- 
ers, shall be paid by the parties involved, in the manner fixed 
by the commission. 

9. Construction and Condemnation. If the utility shall 
have replied in the negative or if it shall have failed to reply 
within the time prescribed in section 6 hereof, the municipal- 
ity in the event that it shall have passed the vote or votes re- 
quired in sections 3 and 4 hereof and after the commission 
upon proper notice and hearing has determined that it is for 
the public interest so to do may construct a municipal plant 
or may take such private plant and property by condemnation, 
paying therefor just compensation determined in the manner 
provided in section 8 hereof. 

10. Ratification. Within ninety days of the final deter- 
mination of the price to be paid for said plant and property, 
as well as the amount of said plant and property to be taken 
or acquired under the provisions of section 8 or 9 hereof, said 
municipality shall decide whether or not to take said plant 
and property at said price by a vote similar to the ratifying 
vote provided in section 7 hereof. In the event that said 



1935] Chapter 153 327 

vote or the vote in section 7 hereof is in the affirmative, the 
municipality may then vote, within ninety days thereof, to 
raise by taxation, and appropriate, or, as provided by chap- 
ter 59 of the Public Laws of New Hampshire, to borrow and 
hire such sums of money on the credit of the municipality 
as may from time to time be deemed necessary and expedient 
for the purpose of defraying the cost of purchasing or taking 
the plant, property or facilities of the utility which the 
municipality may thus acquire, or for constructing or enlarg- 
ing any plant, works or system, and said indebtedness shall 
not exceed at any one time ten per cent of the tax valuation of 
the municipality, or, in the event of a taking, such price and 
damages as are finally determined under the provisions of 
this act; and if said money is so raised it shall immediately 
be paid to the utility, which shall thereupon execute the con- 
veyance provided for in section 6 hereof, at which time the 
said plant and property shall be surrendered to the munici- 
pality, which shall take possession of the same and thereaf- 
ter shall operate it as a public utility. 

If said ratifying vote provided for in this section shall be 
in the negative, no other action under this chapter shall be 
had during the ensuing period of two years. 

11. Operation. A municipality, which has so acquired the 
plant, property or facilities of a public utility in any other 
municipality, may thereafter operate therein as a public util- 
ity with the same rights and franchises which the owners of 
such outlying plant, as purchased, would have had had such 
purchase not been made; and in so far as any municipality 
operates outside of its own limits, such operation shall be sub- 
ject to the same jurisdiction, control and regulation by the 
public service commission as would any other public utility 
so operating. If the outlying municipality shall itself vote 
to establish a municipal plant all the provisions of this chap- 
ter shall be binding as to such purchase. 

12. Taking Property. Any such municipality may enter 
upon and take by eminent domain any land or any interest 
in land or water right within its limits which may be neces- 
sary for the construction, extension or maintenance of its 
plant, and shall pay all damages sustained thereby, or by any 
other thing done under the authority of this chapter. 

13. Damages. If the municipality shall not agree with 



328 Chapter 154 [1935 

the owner thereof for the damage that may be done thereby 
either party may apply to the superior court in the county 
where said town or district is located to have the same laid 
out and the damages determined and the court shall proceed 
as upon a petition thereto for laying out a highway. 

14. Supply Contracts. Any such municipality may con- 
tract with individuals, corporations and other municipalities 
and the citizens thereof for supplying them with electricity 
or gas for any of the purposes herein named or contemplated, 
and make such contracts, and establish such regulations and 
such reasonable tolls for the use thereof, as may from time 
to time be authorized by the commission. 

15. Commissioners. For the more convenient manage- 
ment of any such lighting system, any such municipality may 
vest the construction, management, control and direction of 
the same in a board of commissioners in the manner provided 
for water commissioners by sections 5 to 9 of the preceding 
chapter. 

3. Constitutionality. If any provision of this act or the 
application thereof to any person or circumstances is held 
invalid the remainder of the act and the application of such 
provisions to other persons or circumstances shall not be af- 
fected thereby. 

4. Repeal. All acts and parts of acts inconsistent with 
the provisions of this act are hereby repealed to the extent 
of such inconsistencies. 

5. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 21, 1935.] 



CHAPTER 154. 

AN ACT REGARDING COMPENSATION OF COUNTY COMMISSIONERS 
OF GRAFTON COUNTY. 



Section 

2. Takes effect. 



Section 

1. Commissioners Grafton 
county. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Commissioners. Amend section 28 of chapter 38 of the 

Public Laws as amended by chapter 186 of the Laws of 1933 

by striking out after the word, "Grafton" in line 14, the 



1935] Chapter 155 329 

words, "seven hundred and fifty dollars," and inserting in 
place thereof the words, ten hundred dollars, so that said sec- 
tion as amended shall read as follows: 28. Salaries. The 
annual salary for each commissioner of the following counties 
shall be as follows, payable by the county : 

In Rockingham, ten hundred dollars; 

In Strafford, twelve hundred dollars; 

In Belknap, nine hundred dollars ; 

In Merrimack, ten hundred dollars; 

In Hillsborough, twenty-one hundred dollars; 

In Cheshire, seven hundred dollars; 

In Sullivan, nine hundred dollars; 

In Grafton, ten hundred dollars ; 

In Carroll and Coos counties each commissioner, when em- 
ployed in the business of the county and in inspecting tax- 
able property of the towns as provided in section 26, shall 
receive five dollars a day, payable as hereinbefore provided. 
To the foregoing sums shall be added, in all the counties ex- 
cept Strafford, a reasonable sum for all necessary expenses, 
upon order of the county auditors. 

2. Takes Effect. This act shall take effect April 1, 1936. 
[Approved June 21, 1935.] 



CHAPTER 155. 

AN ACT RELATING TO THE TAKING OF FISH FROM CERTAIN 

V^ATERS. 



Section 

6. Closed to smelt fishing. 

7. Closed to all fishing. 

8. Closed to night fishing. 

9. Penalty. 

10. Takes effect. 



Section 

1. Brook trout fly fishing. 

2. Brook trout, bait and fly 

fishing. 

3. Pike perch. 

4. Pickerel. 

5. Closed to ice fishing. 

Whereas chapter 201* of the Public Laws as inserted by 
an act passed at this session of the legislature approved June 
20, 1935, contains general provisions for the taking of fish 
from the waters of this state ; and 

Whereas there is need of special provisions regulating the 
taking of fish from certain waters ; now, then, the open season, 
legal length, manner of taking and limit of catch for brook 
trout, pickerel and smelt provided in said chapter 201 shall 
not apply to the waters hereinafter designated but all other 
provisions of the act approved June 20, 1935, now known as 



Page 263, ante. 



330 Chapter 155 [1935 

chapter 124 shall apply as fully as if this act were incorpo- 
rated therein. 

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

1. Brook Trout; Fly Fishing. Brook trout not less than 
seven inches in length, may be taken only by the use of arti- 
ficial flies from Coon Brook bog, Parmachenee bog, Scott's 
bog, all in Pittsburg, Clarksville pond in Clarksville, Little 
Millsfield pond and Moose pond in Millsfield, Beaver pond in 
Woodstock, Sawyer pond in Livermore, Profile lake in Fran- 
conia, Shawtown pond in Freedom, White pond in Ossipee, 
Echo lake in Conway, James pond in Tamworth, and Glen 
Ellis river between covered bridge in Jackson and Goodrich 
Falls dam in Bartlett, from May first to October first; and 
from Badger Reservoir and Grimstone Reservoir in Belmont, 
Hunkins pond in Sanbornton, Duck pond in Weare, March 
pond in Hill, Moody pond in Weare, Stonehouse pond in Bar- 
rington, Pleasant pond in Warner, Round pond in Notting- 
ham, and Scobie pond in Derry from May first to September 
first; from Upper pond of Ellsworth Three ponds in Ellsworth 
and Warren, Lake Armington in Piermont, Short pond in 
Franklin, and Stirrup Iron Brook pond in Salisbury, from July 
first to October first. No person may take more than ten in 
number nor more than five pounds in weight when taken, in 
one day ; provided that so long as he has taken less than ten in 
number or five pounds in weight, he shall be entitled to take 
one additional fish. No person may have in his possession 
more than one day's legal catch. 

2. Brook Trout; Bait and Fly Fishing. Brook trout not 
less than seven inches in length, may be taken by the use 
either of bait or artificial flies from Robartwood lake in Camp- 
ton, Spectacle pond in Groton and Hebron, from May first 
to September first, and during the month of September by 
the use of artificial flies only; from Round pond in Pitts- 
burg, Hall ponds in Sandwich, and Lily pond and Saltmarsh 
pond in Gilford, and Little Diamond pond in Stewartstown, 
Stratford bog in Stratford, from May twentieth to Septem- 
ber first, and during the month of September by the use of 
artificial flies only; and from Nippo pond in Barrington, Fer- 
rin pond and Mount William pond in Weare, Stone pond and 
Gustin pond in Marlow, Rocky Bound pond in Croydon and 



% ft/m. '^^0/ 






1935] . Chapter 155 '^^, A/g^ ,, '~'^l^^s^|^ 

Lucas pond in Northwood from May first to August nrsi'J^^ 
and during the month of August by the use of artificial flies 
only. No person may take more than ten in number nor more 
than five pounds in weight when taken, in one day; provided 
that so long as he has taken less than ten in number or five 
pounds in weight, he shall be entitled to take one additional 
fish. No person may have in his possession more than one 
day's legal catch. Any species of trout not less than seven 
inches in length may be taken from Martin Meadow pond 
in Lancaster from June first to October first, but no person 
may take in one day a total of more than two pounds of trout, 
regardless of species; provided that if he has taken less than 
two pounds he shall be entitled to one additional fish. 

3. Pike Perch. Pike perch of any size and in any quan- 
tity may be taken and possessed at any time from Canobie 
lake in Salem and Windham. 

4. Pickerel. Pickerel of any size and in any quantity may 
be taken and possessed at any time from Sunapee lake. Crys- 
tal lake in Enfield, Tewksbury pond in Grafton, Elbow pond 
in Woodstock, Pearl lake in Lisbon, Ogontz lake. Dodge pond. 
Round pond, and Flag pond in Lyman, Partridge lake in Ly- 
man and Littleton, Ellsworth pond in Ellsworth, Post pond 
in Lyme, Merrymeeting lake in New Durham, Middleton 
Reservoir in Middleton, Silver lake in Madison, Mason pond 
in Orford, Rocky pond in Wentworth, Armington pond and 
Lake Tarleton in Piermont and Warren, Newfound lake in 
Hebron, Bridgewater, Bristol and Alexandria, Highland lake. 
Elbow pond and Bradley pond in Andover, Nubanusit lake 
in Hancock and Nelson, Spectacle pond in Groton and He- 
bron, Rust pond in Wolfeboro, Mirror lake in Tuftonboro, 
Stinson lake in Rumney, Pea Porridge pond in Madison and 
Conway; Town Line pond in Dorchester and Wentworth, 
Trout pond in Dorchester, Lamprey pond in Orford, Cocheco 
river, Contoocook river from Cheshire Mill pond outlet in Jaf- 
frey to Merrimack river, all waters of Coos county inhabited 
by trout. Pleasant lake in New London, Nippo and Stonehouse 
ponds in Barrington, Ferrin pond in Weare, except that pick- 
erel may not be taken through the ice from the last four 
named waters, and all other streams in the state inhabited 
by trout; provided that pickerel of any size and in any quan- 
tity may be taken and possessed only from June first to Oc- 



332 Chapter 155 [1935 

tober first from Martin Meadow pond in Lancaster, Powwow 
river, Winnipesaukee river and Pemigewasset river. 

5. Closed to Ice Fishing. The following waters are closed 
to fishing through the ice: Partridge lake in Lyman and 
Littleton, Spectacle pond in Groton and Hebron, Lake War- 
ren in Alstead, Stinson lake in Rumney, Mount William pond 
in Weare, Lake Tarleton in Piermont and Warren, Martin 
Meadow pond in Lancaster, Big Dan Hole pond in Ossipee 
and Tuftonboro, Gorham pond in Dunbarton, Scott pond in 
Fitzwilliam, Mountainview lake in Sunapee, Zephyr lake and 
Sunset lake in Greenfield, Tucker pond in Salisbury, Nutt 
pond in Manchester, Great pond in Kingston, Pleasant lake 
in New London, Nippo and Stonehouse ponds in Barrington, 
Island pond and Robb's Reservoir in Stoddard, Mirror lake 
in Whitefield, Lake Winnipauket in Webster, and Long pond 
in the town of Stoddard. 

6. Closed to Smelt Fishing. The following waters are 
closed to smelt fishing: Dana Hines brook in Meredith, Dub- 
lin pond and the Outlet as far as Clark's Mill pond dam in 
Dublin, White pond in Ossipee, Black brook in Sanbornton 
for a distance of two hundred yards above its middle mouth 
to a point one hundred and fifty yards out into the lake from 
its middle mouth, Massabesic lake and all its tributaries in 
Manchester and Auburn, Silver lake and its tributaries in 
Madison, Massasecum lake in Bradford, Pleasant pond and 
its tributaries in Deerfield, Mascoma river in Mascoma and 
Lebanon from the outlet of the lake to the south ends of the 
abutment of the first railroad bridge. First Connecticut lake 
and its tributaries in Pittsburg, all tributaries of Sunapee 
lake. Highland lake and its tributaries in Andover, all trib- 
utaries of Webster lake in Franklin, Echo lake in Marlow and 
Lempster, Inlet brook to Ledge pond in Madison, all tribu- 
taries of Loon lake in Freedom, Nubanusit lake in Hancock, 
all tributaries to Lake Tarleton in Piermont and Swanzey lake 
in Swanzey, and all tributaries of Little Sunapee lake in New 
London and Bradley lake in Andover. 

7. Closed to All Fishing. The following waters are closed 
to all fishing: Fowler river between Ted Lard's dam in Alex- 
andria and the covered bridge on the highway around New- 
found lake, the tributaries of Dan Hole pond in Tuftonboro and 
Marshall pond in the town of Unity, Sand Hill brook in Au- 



1935] Chapter 155 333 

burn, Derry and Londonderry, Spring pond brook in Ben- 
nington, Tunnel stream in Benton and all its tributaries above 
the Parker House, Oliverian brook and all of its tributaries in 
Benton and Warren from its source to where it crossed the 
state highway on the highway leading from Warren to Haver- 
hill; all tributaries of Dead Diamond river including Lamb 
Valley pond in Dartmouth College Grant; all tributaries of 
Swift Diamond river in the Dartmouth College Grant; all 
tributaries of Loon lake in Freedom except Village brook and 
Bennett brook shall be closed only from Loon lake to their 
respective highway road bridges, Connecticut lake in Pitts- 
burg, the main river from the highest point of Big Pitch, so 
called, to the First Connecticut lake level, and Big brook east 
of the road leading to Idlewild to the Connecticut river, and 
Smith brook in Pittsburg from the dam to the main river; 
Twitchell brook in Dummer flowing east into Androscoggin 
river; tributaries of Morse brook in Easton; all tributaries of 
Peabody river in Green's Grant except the West Branch and 
Nineteen-mile brook; Amos Pike or Starch Factory brook 
from its source to the highway leading from the state road to 
the French pond road. Lime Kiln brook and all its tributaries 
above number 6 Schoolhouse, Granny Clark brook, and all its 
tributaries, all in Haverhill, for two years from May 1, 1935 ; 
tributaries of the West Branch water shed of the Ammonoo- 
suc river in Kilkenny including the West Branch; tributaries 
of Bowen brook in Landaff and Easton ; Trout brook, so called, 
the inlet of Post pond in Lyme upstream from the pond for 
a distance of approximately two miles to the falls; Alder 
brook, a tributary to Stearns brook in Milan and Success, 
Leavitt stream in Milan, all tributaries of Merrymeeting lake 
in New Durham, all tributaries of Pleasant lake in New Lon- 
don, and that portion of Pleasant lake which forms a cove 
into which Chandler brook flows out to a line between two 
markers approximately one hundred yards south from Chan- 
dler bridge, tributaries of Taggart brook in Peterboro, Three 
Pond brook in Rumney, Melvin river in Tuftonboro, all brooks 
in the Pillsbury Reservation in Washington; tributaries of 
King, Goldsmith and Farrell brooks, tributaries of Souhegan 
river in Wilton; all tributaries of Merrymeeting lake in New 
Durham. Loon lake in Freedom shall be closed to trout fish- 
ing for one year and open to all other fishing at all times 



334 Chapter 156 [1935 

without restriction as to size and amount; Back lake in 
Pittsburg until May 20, 1936, and thereafter from May twen- 
tieth to September first, for fly and bait fishing, and during 
the month of September for the use of artificial flies only; 
and the streams between Tioga and Sargent Reservoirs and 
Badger Reservoir in Belmont. 

8. Closed to Night Fishing. No person shall fish in the 
Androscoggin river between Errol dam and the head of 
Twitchell Bay, so called, during the period from two hours af- 
ter sunset to one hour before sunrise. 

9. Penalty. A person who fishes or takes fish in violation 
of a provision of this act shall be fined not more than ten 
dollars, and not more than five dollars for each fish taken in 
violation thereof. 

10. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 21, 1935.] 



CHAPTER 156. 

AN ACT RELATING TO NARCOTICS. 



Section 

3. Prohibited sales. 

4. Takes effect. 



Section 

1. Narcotics. 

2. Special sales. 

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

1. Narcotics. Amend section 50 of chapter 210 of the 
Public Laws, by striking out the whole of said section and 
substituting in place thereof the following: 50. SaleSo It 
shall be unlawful to sell, exchange, deliver, expose for sale, 
give away or have in possession or custody with intent to 
sell, exchange, deliver or give away the following named 
substances: (1) any cocaine, or any of its salts, or any syn- 
thetic substitute therefor, or any preparation containing any 
of the same; (2) any opium, morphine, heroin, codeine, or 
any derivatives of the same; (3) any flowering tops or leaves, 
extracts, tinctures, or any other form, preparation, mixture 
or manufactured product of or containing cannabis indica, 
cannabis sativa, hemp, or mariahuana. 

2. Special Sales. Amend section 51 of said chapter 210 
by inserting after the words "avoirdupois ounce" in the sixth 
line the words, or not more than one grain of solid extract 



1935] Chapter 156 335 

of cannabis indica or cannabis sativa per ounce of prepara- 
tion or to those preparations of cannabis consisting of lini- 
ments or ointments for external use only; also by inserting 
after the word "dentists" in the seventh line the words, nor 
to sales made to manufacturers of proprietary or pharma- 
ceutical preparations for use in the manufacture of such prep- 
arations; nor to sales to hospitals, colleges, or public insti- 
tutions ; so that said section as amended shall read as follows : 
51. Exceptions. The foregoing provision shall not apply to 
sales of liquid preparations sold in good faith as medicines 
and containing not more than two grains of opium, or not 
more than one-fourth grain of morphine, or not more than 
one-eighth grain of heroin, or not more than one grain of 
codeine, in one fluid ounce, or, if a solid preparation, in one 
avoirdupois ounce, or not more than one grain of solid extract 
of cannabis indica or cannabis sativa per ounce of preparation, 
or to those preparations of cannabis consisting of liniments 
or ointments for external use only; nor to sales to pharma- 
cists, physicians, veterinarians or dentists; nor to sales made 
to manufacturers of proprietary or pharmaceutical prepa- 
rations for use in the manufacture of such preparations; nor 
to sales to hospitals, colleges, or public institutions ; nor to 
sales by apothecaries or druggists upon the original pre- 
scription of a physician ; provided, that the prescription is 
retained and kept on file for two years as authority for the 
sale and not refilled. 

3. Prohibited Sales. Amend said chapter 210 by inserting 

after section 51 the following new section: 51-a. . 

Hypodermic syringes and hypodermic needles shall not be sold 
except in registered drug stores. 

4. Takes Eflfect. This act shall take effect upon its pas- 
sage. 

[Approved June 21, 1935.] 



336 Chapter 157 [1935 

CHAPTER 157. 

AN ACT MAKING APPROPRIATION FOR THE EXPENSES OF THE 

STATE OF NEW HAMPSHIRE FOR THE YEAR 

ENDING JUNE 30, 1936. 



Section 

1. Appropriations. 

2. Salary reduction. 



Section 

3. Disposition of certain state 
revenue. 

4. Takes effect. 

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

1. Appropriations. The sums hereinafter mentioned are 
appropriated to be paid out of the treasury of the state for 
the purposes specified for the fiscal year ending June 30, 1936, 
to wit: 

For the executive department as follows : 

Salary of governor $5,000 

Salary of governor's secretary 3,000 

Clerical expense 6,030 

Other current expenses 3,000 

Council, per diem and expenses 4,900 

Contingent fund 9,000 

Emergency fund for protection of interests 

of the state 60,000 



Total $90,930 

For judicial department as follows: 

Salaries of supreme court justices $35,000 

Expenses of supreme court justices 6,650 

Clerical expense of supreme court 3,150 

Examination of law students 500 

Salaries of superior court justices 42,000 

Expenses of superior court justices 8,000 

Salaries of probate court judges • 17,600 

Salaries of probate court registers and 

deputies 20,300 



Total $133,200 

For adjutant-general's department as follows: 

Salary of adjutant general $4,000 

Clerical expense 3,000 

Other current expenses 1,115 



1935] Chapter 157 337 

Salaries national guard 33,895 

Expenses national guard 14,558 

Armories : 

Salaries of janitors 10,260 

Expenses of armories 11,470 

Rifle ranges 960 

Officers' uniforms 1,975 



Total $81,233 

For attorney-general's department as follows: 

Salary of attorney-general $4,000 

Salary of assistant attorney-general 4,000 

Clerical expenses: 

Salary of law clerk 1,800 

Salary of chief clerk 1,800 

Salary of research clerk 1,800 

Other clerical expenses 4,400 

9,800 

Other current expenses 3,535 

Fees to register of probate 2,800 

Legacy tax expense 685 

Investigator 10,000 



Total $34,820 

For department of agriculture as follows : 

Salary of commissioner $3,500 

Salary of deputy 2,750 

Clerical expense 4,065 

Other current expenses 1,477 

Institutes and public meetings 1,080 

Granite State Dairymen's Association .... 500 
New Hampshire Horticultural Society .... 1,000 
New Hampshire Sheep Breeders' Associ- 
ation 250 

Feeding stuffs inspection 3,980 

Fertilizer inspection 1,864 

Agricultural seed inspection 945 

Insecticides and fungicides 200 

Apiary law 293 

Salary of commissioner of moth suppression 1,600 



338 Chapter 157 [1935 

Salaries of other assistants 7,866 

Other current expenses 1,000 

Salary of dairy inspector 2,400 

Other expenses of dairy inspection 1,045 

Licensing milk dealers 380 

Salaries for nursery inspection 470 

Other expenses of nursery inspection 266 

Salaries for bureau of markets 2,952 

Other expenses for bureau of markets .... 1,000 

Crop reporting service 1,000 

Egg inspection service 1,000 

Printing and mailing bulletins 5,000 

Labeling service 800 

Salaries for apple gi-ading law 525 

Other expenses for apple grading law 380 

Division of animal industry: 

Salary of state veterinarian 3,500 

Salaries of assistants 7,700 

Other current expenses 17,770 

Veterinarian services 64,200 

Expenses of veterinarians 4,350 



Total $147,108 

For department of forestry as follows : 

Salary of state forester $3,500 

Clerical expense . 8,160 

Other current expenses 4,500 

Salaries for nursery 5,150 

Other expenses 1,975 

Salaries for reforestation 1,000 

Expenses 475 

Fire district chiefs 4,630 

Expenses 2,440 

Watchmen on lookout stations 9,000 

Expenses of lookout stations 960 

Salaries for prevention of forest fires .... 1,000 

Expenses 1,100 

Forest fire bills to towns 7,500 

Forest fire equipment 1,000 

Salaries for white pine blister rust eradica- 
tion 4,650 



1935] Chapter 157 339 

Salaries for recreational development and 

maintenance 7,600 

Expenses 1,400 

Equipment 2,500 

Co-operation federal emergency program . . 5,000 



Total $73,540 

For comptroller's department as follows: 

Salary of comptroller $5,000 

Clerical expense 13,420 

Other current expenses 2,090 



Total $20,510 

For G. A. R. department $650 

For insurance department as follows: 

Salary of commissioner $5,000 

Salary of deputy commissioner 1,800 

Clerical expense 6,650 

Other current expenses 3,325 

Total $16,775 

For bureau of labor as follows: 

Salary of commissioner $3,000 

Clerical expense 5,000 

Other current expenses 2,000 

Salaries for factory inspection 7,100 

Other current expenses 3,000 

To provide for the establishment of a na- 
tional employment service system in ac- 
cordance with chapter 146 of the Laws 

of 1935, in the department of labor 11,000 

Cost of living survey in the department of 

labor 2,000 

Expenses of administering chapter 87 of the 

Laws of 1933 in the department of labor 5,000 
Expenses of administering chapter 112 of 
the Laws of 1935 in the department of 
labor 1,000 



340 Chapter 157 [1935 

Expenses of administering chapter 99 of the 

Laws of 1935 in the department of labor 1,000 



Total $40,100 

For state library as follows: 

Salary of librarian $2,500 

Salary of cataloguer 1,800 

Clerical expense 6,000 

Other current expenses 14,000 



Total $24,300 

For purchasing agent's department as follows: 

Salary of purchasing agent $4,000 

Clerical expenses 8,325 

Other current expenses 2,250 



Total $14,575 

For state house department as follows : 

Salary of superintendent $2,000 

Other salaries 27,000 

Other current expenses 34,765 



Total ; $63,765 

For department of weights and measures as follows : 

Salary of commissioner $3,000 

Other salaries 7,025 

Other current expenses 5,275 



Total $15,300 

For state department as follows : 

Salary of secretary $4,000 

Salary of deputy secretary 2,700 

Clerical expenses 5,800 

Other current expenses 3,130 

Direct primary 200 

Australian ballot 250 

Copying ancient records 2,605 



1935] Chapter 157 341 

Franklin Pierce birthplace 485 

Daniel Webster birthplace 475 

Total $19,645 

For treasury department as follows: 

Salary of treasurer $4,000 

Salary of deputy treasurer 2,700 

Clerical expenses 10,000 

Other current expenses 5,100 

Bounties 7,100 

Interest : 

Teachers' Institutes 2,388.93 

Benjamin Thompson fund 31,887.27 

Agricultural college fund 4,800 

Hamilton Smith fund 400 

Kimball legacy 270.14 

Fiske legacy 1,055.14 

Temporary loans 2,000 

Total $71,701.48 

For Industrial School as follows: 

Salary of superintendent $4,000 

Clerical expenses 4,280 

Other current expenses 1,850 

Instruction : 

Instructors' salaries 4,080 

Instructors' expenses 600 

Custodial care: 

Salaries 17,400 

Other expenses 15,000 

Auxiliary to custodial care 350 

Operation of plant: 

Salaries 1,150 

Other expenses 12,000 

Maintenance of plant: 

Salaries 4,600 

Other expenses 3,500 

Agriculture : 

Salaries 4,280 

Other expenses 6,000 



342 Chapter 157 [1935 

Parole officer: 

Expenses 4,000 



Total $83,090 

For Laconia State School as follows: 

Salary of superintendent $4,000 

Clerical expenses 8,000 

Other current expenses 3,400 

Professional care and treatment: 

Salaries 33,530 

Other expenses 2,541 

Custodial care: 

Salaries 11,764 

Other expenses i . 43,500 

Operation of plant: 

Salaries 4,450 

Other expenses 18,500 

Maintenance of plant: 

Salaries 6,500 

Other expenses 6,650 

Agriculture : 

Salaries 20,000 

Other expenses 18,000 

Purchase of land 7,500 



Total $188,335 

For soldiers' home as follows: 

Salary of commandant $1,800 

Clerical expenses 225 

Other current expenses 405 

Custodial care: 

Salaries 4,800 

Other expenses 8,770 

Professional care and treatment: 

Salaries 3,100 

Other expenses 900 

Operation of plant: 

Salaries 1,500 

Other expenses 6,150 



1935] Chapter 157 343 

Maintenance of plant: 

Salaries 35 

Other expenses 2,735 

Agriculture : 

Salaries 975 

Other expenses 750 



Total $32,145 

For New Hampshire State Hospital as follows : 

Salary of superintendent $5,000 

Clerical expenses 25,926 

Other current expenses 4,850 

Professional care and treatment: 

Salaries 204,000 

Other expenses 17,500 

Custodial care : 

Salaries 54,260 

Other expenses 170,000 

Operation of plant : 

Salaries 23,980 

Other expenses 67,120 

Maintenance of plant: 

Salaries ,. . 45,440 

Other expenses 16,700 

Agriculture : 

Salaries 14,420 

Other expenses 31,960 



Total $681,156 

For State Prison as follows: 

Salary of warden $3,250 

Clerical expense 2,900 

Other current expenses 1,680 

Chaplain and teachers 1,600 

Custodial care : 

Salaries 40,853 

Other expenses 41,000 

Auxiliary to prison care and custody 7,000 



344 Chapter 157 [1935 

Operation of plant : 

Salaries 3,000 

Expenses 10,550 

Maintenance of plant: 

Expenses 4,000 

Agriculture : 

Expenses 500 

Parole officer: 

Salaries 2,940 

Expenses 3,500 

Total $122,773 

For New Hampshire State Sanatorium as follows : 

Salary of superintendent $4,000 

Clerical expense 1,140 

Other current expenses 1,090 

Professional care and treatment: 

Salaries 12,340 

Other expenses 3,500 

Custodial care : 

Salaries 8,280 

Other expenses 21,200 

Operation of plant: 

Salaries 7,700 

Other expenses 9,000 

Maintenance of plant : 

Salaries 750 

Other expenses 2,050 

Agriculture : 

Salaries 3,125 

Other expenses 2,500 

Total $76,675 

For University of New Hampshire $496,000 as follows: 
Maintenance, state fund, $460,000 (this amount to be in lieu 
of the amount to be credited the fund provided for in section 
18, chapter 180 of the Public Laws, which said section is sus- 
pended for the fiscal year ending June 30, 1936; said amount 
to be used for the purposes specified in section 19 of said 
chapter 180, as amended by chapter 5, of the Laws of 1931) ; 
extension work (Smith-Lever Act), $36,000. Section 23, 



1935] Chapter 157 345 

chapter 180 of the Public Laws is hereby suspended for the 
fiscal year ending June 30, 1936. 

For state board of education as follows : 

For state board of education, $448,640 and, in addition, 
the sums paid into the state treasury as the literary fund, the 
forest reserve tax, the per capita tax, and the tax on unor- 
ganized and other places. Of this appropriation, a sum not 
to exceed $325,000 is to be expended for equalized state aid, 
and any balance unexpended at the end of the fiscal year shall 
not lapse but shall be used for further equalization purposes. 
A sum not to exceed $106,000 shall be expended for superin- 
tendents' salaries. 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 superintendents under Public 
Laws, chapter 117, section 40. In this department any bal- 
ance, excepting the equalization fund, which may be unex- 
pended in any fiscal year, shall be placed in a special fund 
available for use for maintenance purposes the following year 
by and with the consent of the governor and council. 

For board of health as follows: 

Salary of secretary $4,000 

Clerical expense 1,800 

Other current expenses 1,000 

Vital statistics: 

Salaries 3,100 

Other expenses 380 

Tuberculosis dispensaries: 

Salary of director 2,400 

Other expenses 570 

Director control venereal diseases: 

Salary of director 2,400 

Other salaries 4,970 

Other current expenses 800 

Purchase of antitoxin 2,850 

Maternity and infancy: 

Nurses and clerical salaries 14,625 

Other current expenses 6,495 

Medico-legal examinations 475 



346 Chapter 157 [1935 

Sanitation : 

Salaries 6,600 

Other expenses 3,670 

Director of chemistry and sanitation: 

Salary of director 4,000 

Other salaries 10,050 

Other current expenses 4,575 



Total $74,760 

For division of welfare: state board of welfare 
and relief: 

Salary of secretary 3,500 

Clerical expense 5,225 

Other current expenses 4,437 

Teacher for tubercular patients 760 

Other expenses 79,240 

Child welfare: 

Salaries 9,700 

Other expenses 5,070 

Crippled and tuberculous children 2,500 

Register of the blind : 

Salaries 13,050 

Other expenses 3,335 

Deaf, dumb and blind: 

Salaries 1,500 

Other expenses 25,150 

Mothers' aid: 

Salaries 4,850 

Other expenses 2,300 

John Nesmith fund 3,700 

Grants and contributions 100,000 



Total $264,317 

For bank commissioner's department as follows : 

Salary of commissioner $5,000 

Salary of deputy commissioner 3,000 

Clerical expense 22,350 

Other current expenses 12,000 



Total $42,350 



1935] Chapter 157 347 

For state planning and development commission 
as follows: 
Development Division: 

Salary of director $4,000 

Clerical expense 4,985 

Other current expenses 46,375 

Small industries 5,000 

Tourists' service 4,000 



Total $64,360 

Planning Division : 

Salary of director $4,000 

Clerical expense 10,000 

Other current expenses 4,750 



Total $18,750 

For public library commission as follows: 

Salary of secretary $2,000 

Salary of assistant secretary 1,800 

Clerical expense 2,150 

Other current expenses 760 

Traveling libraries 2,340 

Clerical expense 1,000 

Field work 1.660 

State aid 1.000 

Institutes 500 



Total $13,210 

For public service commission as follows : 

Salaries of three commissioners $15,000 

Other salaries 27,630 

Other current expenses 12,502 

Motor truck division 565 

Aviation : 

Inspectors 900 

Expenses ^00 

Lights, buoys and boat inspections : 

Salaries of inspectors 3,300 

Other current expenses 2,390 



Total $63,087 



348 Chapter 157 [1935 

For state tax commission as follows : 

Salaries of three commissioners $10,000 

Clerical expense 8,350 

Other current expenses 7,580 

Municipal accounting: 

Salary of accountant 1,800 

Clerical expense 7,440 

Other current expenses 4,900 

Total $40,070 

For pharmacy commission $4,000 

For dental board 300 

For board of optometry 350 

For board of chiropractic examiners 650 

For registration of veterinary surgeons 100 

For cancer commission: 

Clerical expense $10,600 

Other expenses 24,400 

$35,000 

For arts and crafts commission $10,000 

For New Hampshire Historical Society 500 

For military organizations 200 

For veterans' committal allowance 300 

For firemen's relief 4,000 

For Granite State Deaf Mute Mission 150 

For burial of soldiers and sailors 5,000 

For Prisoners' Aid Association 400 

For Old Home Week Association 300 

From the sum hereinbefore appropriated there shall be de- 
ducted the sum of sixty-six thousand and sixty dollars ; said 
sum being a deduction of five per cent from the salary of each 
clerk and employee now receiving over fifteen hundred dollars 
in cash or its equivalent, provided that this deduction shall 
not reduce the compensation of said clerk or employee to a 
salary below fifteen hundred dollars. 

2. Salary Reduction. In addition to the above, the sala- 
ries of all officials, clerks and employees in the highway de- 
partment, fish and game department, liquor commission, 
motor vehicle department, and division of relief shall be sub- 
ject to the same five per cent reduction and subject to the same 
provision that such salary reduction shall not apply to clerks 



1935] Chapter 158 349 

or employees receiving less than fifteen hundred dollars per 
annum, nor reduce the salary of any clerk or employee now re- 
ceiving more than fifteen hundred dollars to a figure below 
that sum. Salaries for all officials, clerks and employees af- 
fected by the salary reduction as provided for by this act, for 
the fiscal year ending July 1, 1986, shall be paid in accordance 
with the salary schedule filed in the office of the secretary of 
state, labeled Salary Schedule of State Employees for the Year 
1936. 

Any provisions of law relative to salary of officials or em- 
ployees inconsistent with said above provisions are hereby 
suspended during the time this act is in effect. 

3. Disposition of Certain State Revenue. Chapter 188 of 
the Laws of 1933 is hereby amended so that all the revenue 
accruing from the increase in the permit fees for the sale of 
beverages as provided in an act* approved June 20, 1935, 
which under the terms of said chapter 188 would be payable 
to the so-called sinking fund constituted by chapter 126 of the 
Laws of 1931, shall hereafter be payable to the state treasury 
for the general purposes of the state government. 

4. Takes Effect. This act shall take effect July 1, 1935. 
[Approved June 21, 1935.] 



CHAPTER 158. 

AN ACT MAKING APPROPRIATION FOR THE EXPENSES OF THE 

STATE OF NEW HAMPSHIRE FOR THE YEAR 

ENDING JUNE 30, 1937. 



Section 

3. Takes effect. 



Section 

1. Appropriations. 

2. Salary reduction. 

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

1. Appropriations. The sums hereinafter mentioned are 
appropriated to be paid out of the treasury of the state for 
the purposes specified for the fiscal year ending June 30, 1937, 
to wit: 

For the legislature $180,000 

For the executive department as follows : 

Salary of governor $5,000 

Salary of governor's secretary 3,000 



Chapters 149 and 150, ante. 



350 Chapter 158 [1935 

Clerical expense 6,030 

Other current expenses 8,000 

Council, per diem and expenses 6,850 

Contingent fund: 

July 1, 1936 to December 31, 1936 4,500 

January 1, 1937 to June 30, 1937 2,250 

Emergency fund for protection of interests 
of the state: 

July 1, 1936 to December 31, 1936 30,000 

January 1, 1937 to June 30, 1937 30,000 



Total $90,630 

For judicial department as follows: 

Salaries of supreme court justices $35,000 

Expenses of supreme court justices 6,650 

Clerical expense of supreme court 3,150 

Examination of law students 500 

Salaries of superior court justices 42,000 

Expenses of superior court justices 8,000 

Salaries of probate court judges 17,600 

Salaries of probate court registers and 

deputies 20,300 

Total $133,200 

For adjutant-general's department as follows: 

Salary of adjutant-general $4,000 

Clerical expense 3,000 

Other current expenses 1,115 

Salaries national guard 33,895 

Expenses national guard 13,758 

Armories : 

Salaries of janitors 10,260 

Expenses of armories 11,470 

Rifle ranges 960 

Officers' uniforms 1,975 

Total $80,433 

For attorney-general's department as follows : 

Salary of attorney-general $4,000 

Salary of assistant attorney-general 4,000 



1935] Chapter 158 351 

Salary of law clerk 1,800 

Salary of chief clerk 1,800 

Salary of research clerk 1,800 

Other clerical expense 4,400 

9,800 

Other current expenses 4,104 

Fees to register of probate 2,800 

Legacy tax expense 685 

Investigator 10,000 

Total . . •. $35,389 

For department of agriculture as follows: 

Salary of commissioner $3,500 

Salary of deputy 2,750 

Clerical expense 4,065 

Other current expenses 1,477 

Institutes and public meetings 1,080 

Granite State Dairymen's Association .... 500 
New Hampshire Horticultural Society .... 1,000 
New Hampshire Sheep Breeders' Associa- 
tion 250 

Feeding stuffs inspection 3,980 

Fertilizer inspection 1,864 

Agricultural seed inspection 945 

Insecticides and fungicides 200 

Apiary law 293 

Salary of commissioner of moth suppression 1,600 

Salaries of other assistants 7,866 

Other current expenses 1,000 

Salary of dairy inspector 2,400 

Other expenses of dairy inspection 1,045 

Licensing milk dealers 380 

Salaries for nursery inspection 470 

Other expenses of nursery inspection 266 

Salaries for bureau of markets 2,952 

Other expenses for bureau of markets .... 1,000 

Egg inspection service 1,000 

Crop reporting service 1,000 

Printing and mailing bulletins 5,000 

Labeling service 800 



352 Chapter 158 [1935 

Salaries for apple grading law 525 

Other expenses for apple grading law .... 380 

Division of animal industry: 

Salary of state veterinarian 3,500 

Salaries of assistants 7,700 

Other current expenses 14,770 

Veterinarian services 64,200 

Expenses of veterinarians 4,350 



Total $144,108 

For department of forestry as follows : 

Salary of state forester $3,500 

Clerical expense 8,160 

Other current expenses 4,500 

Salaries for nursery 5,150 

Other expenses 1,950 

Salaries for reforestation 1,000 

Expenses 475 

Fire district chiefs 4,630 

Expenses 2,440 

Watchmen on lookout stations 9,000 

Expenses of lookout stations 960 

Salaries for prevention of forest fires 1,000 

Expenses 1,100 

Forest fire bills to towns 7,500 

Forest fire equipment 1,000 

Salaries for white pine blister rust eradica- 
tion 4,650 

Salaries for recreational development and 

maintenance 7,600 

Expenses 1,400 

Equipment 2,500 

Co-operation federal emergency program . . 5,000 



Total $73,515 

For comptroller's department as follows: 

Salary of comptroller $5,000 

Clerical expense 13,470 

Other current expenses 2,090 



Total $20,560 



1935] Chapter 158 353 

For G. A. R. department $650 

For insurance department as follows : 

Salary of commissioner $5,000 

Salary of deputy commissioner 1,800 

Clerical expense 6,650 

Other current expenses 3,325 

Total $16,775 

For bureau of labor as follows : 

Salary of commissioner $3,000 

Clerical expense 5,000 

Other current expenses 2,000 

Salaries for factory inspection 7,100 

Other current expenses 3,000 

Expenses of administering chapter 146 of 
the Laws of 1935 in the department of 

labor 11,000 

Expenses of administering cost of living 

survey in the department of labor 2,000 

Expenses of administering chapter 87 of the 

Laws of 1933 in the department of labor 5,000 
Expenses of administering chapter 112 of 
the Laws of 1935 in the department of 

labor 1,000 

Total $39,100 

For state library as follows: 

Salary of librarian $2,500 

Salary of cataloguer 1,800 

Clerical expense 6,000 

Other current expenses 12,600 

Total $22,900 

For purchasing agent's department as follows : 

Salary of purchasing agent $4,000 

Clerical expenses 8,325 

Other current expenses 2,250 

Total $14,575 



354 Chapter 158 [1935 

For state house department as follows : 

Salary of superintendent $2,000 

Other salaries 27,000 

Other current expenses 33,965 

Total $62,965 

For department of weights and measures as 
follows : 

Salary of commissioner $3,000 

Other salaries 7,025 

Other current expenses 5,120 



Total $15,145 

For state department as follows : 

Salary of secretary $4,000 

Salary of deputy secretary 2,700 

Clerical expenses 5,800 

Other current expenses 3,130 

Direct primary 6,160 

Australian ballot 4,150 

Copying ancient records 2,705 

Franklin Pierce birthplace 485 

Daniel Webster birthplace 425 



Total $29,555 

For treasury department as follows : 

Salary of treasurer $4,000 

Salary of deputy treasurer 2,700 

Clerical expenses 10,000 

Other current expenses 5,100 

Bounties 7,100 

Interest : 

Teachers' institutes 2,388.93 

Benjamin Thompson fund 31,887.27 

Agricultural college fund 4,800 

Hamilton Smith fund 400 

Kimball legacy 270.14 

Fiske legacy 1,055.14 

Temporary loans 2,000 

Total $71,701.48 



1935] Chapter 158 355 

For Industrial School as follows : 

Salary of superintendent $4,000 

Clerical expenses 4,280 

Other current expenses 1,850 

Instruction : 

Instructors' salaries 4,080 

Instructors' expenses 600 

Custodial care: 

Salaries 17,400 

Other expenses ,..;.... 15,000 

Auxiliary to custodial care 350 

Operation of plant: 

Salaries 1,150 

Other expenses 12,000 

Maintenance of plant : 

Salaries 4,600 

Other expenses 3,100 

Agriculture : 

Salaries 4,280 

Other expenses 5,200 

Parole officer: 

Expenses 4,000 



Total $81,890 

For Laconia State School as follows : 

Salary of superintendent $4,000 

Clerical expenses 8,000 

Other current expenses 3,000 

Professional care and treatment: 

Salaries 33,530 

Other expenses 2,541 

Custodial care: 

Salaries 11,764 

Other expenses 43,500 

Operation of plant: 

Salaries 4,450 

Other expenses 18,500 

Maintenance of plant: 

Salaries 6,500 

Other expenses 6,650 



356 Chapter 158 [1935 

Agriculture : 

Salaries 20,000 

Other expenses 18,000 

Total $180,435 

For soldiers' home as follows : 

Salary of commandant $1,800 

Clerical expenses 245 

Other current expenses 405 

Custodial care: 

Salaries 4,800 

Other expenses 8,770 

Professional care and treatment: 

Salaries 3,100 

Other expenses 900 

Operation of plant: 

Salaries 1,500 

Other expenses 6,150 

Maintenance of plant : 

Salaries 35 

Other expenses 2,735 

Agriculture : 

Salaries 975 

Other expenses 750 

Total $32,165 

For New Hampshire State Hospital as follows : 

Salary of superintendent $5,000 

Clerical expense 26,706 

Other current expenses 4,800 

Professional care and treatment: 

Salaries 210,000 

Other expenses 18,000 

Custodial care: 

Salaries 56,780 

Other expenses 175,000 

Operation of plant: 

Salaries 23,980 

Other expenses 67,620 



1935] Chapter 158 357 

Maintenance of plant: 

Salaries 45,440 

Other expenses 17,200 

Agriculture : 

Salaries 14,420 

Other expenses 31,960 



Total $696,906 

For State Prison as follows: 

Salary of warden $3,250 

Clerical expense 2,900 

Other current expenses 1,680 

Chaplain and teachers 1,600 

Custodial care : 

Salaries 40,853 

Other expenses 41,000 

Auxiliary to prison care and custody 7,000 

Operation of plant : 

Salaries 3,000 

Expenses 10,550 

Maintenance of plant : 

Expenses 4,000 

Agriculture : 

Expenses 500 

Parole officer: 

Salaries 2,940 

Expenses 3,500 



Total $122,773 

For New Hampshire State Sanatorium as follows : 

Salary of superintendent $4,000 

Clerical expense 1,140 

Other current expenses 1,290 

Professional care and treatment: 

Salaries 12,340 

Other expenses 3,400 

Custodial care: 

Salaries 8,280 

Other expenses 21,200 



358 Chapter 158 [1935 

Operation of plant: 

Salaries 7,700 

Other expenses 9,000 

Maintenance of plant: 

Salaries 750 

Other expenses 2,050 

Agriculture : 

Salaries 3,125 

Other expenses 2,400 

Total $76,675 

For University of New Hampshire $496,000 as follows: 
Maintenance, state fund, $460,000 (this amount to be in lieu 
of the amount to be credited the fund provided for in section 
18, chapter 180 of the Public Laws, which said section is sus- 
pended for the fiscal year ending June 30, 1937; said amount 
to be used for the purposes specified in section 19 of said chap- 
ter 180, as amended by chapter 5, of the Laws of 1931) ; ex- 
tension work (Smith-Lever Act), $36,000. Section 23, chap- 
ter 180 of the Public Laws is hereby suspended for the fiscal 
year ending June 30, 1937. 

For state board of education as follows : 

For state board of education, $443,389 and, in addition, 
the sums paid into the state treasury as the literary fund, 
the forest reserve tax, the per capita tax, and the tax on un- 
organized and other places. Of this appropriation, a sum not 
to exceed $325,000 is to be expended for equalized state aid, 
and any balance unexpended at the end of the fiscal year shall 
not lapse but shall be used for further equalization purposes. 
A sum not to exceed $106,000 shall be expended for superin- 
tendents' salaries. 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 superintendents under Public 
Laws, chapter 117, section 40. In this department any bal- 
ance, excepting the equalization fund, which may be unex- 
pended in any fiscal year, shall be placed in a special fund 
available for use for maintenance purposes the following year 
by and with the consent of the governor and council. 



1935] Chapter 158 359 

For board of health as follows: 

Salary of secretary $4,000 

Clerical expense 1,800 

Other current expenses 1,500 

Vital statistics: 

Salaries 3,100 

Other expenses 1,330 

Tuberculosis dispensaries : 

Salary of director 2,400 

Other expenses 570 

Director control venereal diseases : 

Salary of director 2,400 

Other salaries 4,970 

Other current expenses 800 

Purchase of antitoxin 2,850 

Maternity and infancy : 

Nurses and clerical salaries 14,625 

Other current expenses 6,875 

Medico-legal examinations 475 

Sanitation : 

Salaries 6,600 

Other expenses 3,670 

Director of chemistry and sanitation: 

Salary of director 4,000 

Other salaries 10,050 

Other current expenses 4,575 

Total $76,590 

For division of welfare: state board of welfare 
and relief: 

Salary of secretary $3,500 

Clerical expense 5,225 

Other current expenses 5,012 

Teacher for tubercular patients 760 

Other expenses 79,240 

Child Welfare: 

Salaries 9,700 

Other expenses 5,070 

Crippled and tuberculous children 2,500 

Register of the blind : 

Salaries 13,050 



360 Chapter 158 [1935 

Other expenses 3,335 

Deaf, dumb and blind: 

Salaries 1,500 

Other expenses 25,150 

Mothers' aid: 

Salaries 4,850 

Other expenses 2,300 

John Nesmith fund 3,700 

Grants and contributions 100,000 

Total $264,892 

For bank commissioner's department as follows : 

Salary of commissioner $5,000 

Salary of deputy commissioner 3,000 

Clerical expense 22,350 

Other current expenses 12,000 

Total $42,350 

For state planning and development commission 
as follows: 
Development division: 

Salary of director $4,000 

Clerical expense 4,985 

Other current expenses 46,375 

Small industries 5,000 

Tourists' service 4,000 

Total $64,360 

Planning division: 

Salary of director $4,000 

Clerical expense 10,000 

Other current expenses 4,750 

Total $18,750 

For public library commission as follows: 

Salary of secretary $2,000 

Salary of assistant secretary 1,800 

Clerical expense 2,150 

Other current expenses 950 



1935] Chapter 158 361 

Traveling libraries 2,055 

Clerical expense 1,000 

Field work 1,660 

State aid 1,000 

Institutes 500 



Total $13,115 

For public service commission as follows : 

Salaries of three commissioners $15,000 

Other salaries 27,630 

Other current expenses 12,697 

Motor truck division 565 

Aviation : 

Inspectors 900 

Expenses 800 

Lights, buoys and boat inspection: 

Salaries of inspectors 3,300 

Other expenses 2,390 



Total $63,282 

For state tax commission as follows : 

Salaries of three commissioners $10,000 

Clerical expense 8,400 

Other current expenses 7,550 

Municipal accounting: 

Salary of accountant 1,800 

Clerical expense 7,440 

Other current expenses 4,300 



Total $39,490 

For pharmacy commission $3,000 

For dental board 300 

For board of optometry 350 

For board of chiropractic examiners 650 

For registration of veterinary surgeons 100 

For cancer commission as follows : 

Clerical expense $10,600 

Other expenses 24,400 

$35,000 



362 Chapter 158 [1935 

For arts and crafts commission $10,000 

For New Hampshire Historical Society 500 

For military organizations 200 

For veterans' committal allowance 300 

For firemen's relief 4,000 

For Granite State Deaf Mute Mission 150 

For burial of soldiers and sailors 500 

For Prisoners' Aid Association 400 

For Old Home Week Association 300 

From the sum hereinbefore appropriated there shall be de- 
ducted the sum of sixty-six thousand and sixty-six dollars; 
said sum being a deduction of five per cent from the salary of 
each clerk and employee now receiving over fifteen hundred 
dollars in cash or its equivalent, provided that this deduction 
shall not reduce the compensation of said clerk or employee 
to a salary below fifteen hundred dollars. 

2. Salary Reduction. In addition to the above, the sal- 
aries of all officials, clerks and employees in the highway de- 
partment, fish and game department, liquor commission, motor 
vehicle department, and division of relief shall be subject to 
the same five per cent reduction and subject to the same pro- 
vision that such salary reductions shall not apply to clerks 
or employees receiving less than fifteen hundred dollars per 
annum, nor reduce the salary of any clerk or employee now 
receiving more than fifteen hundred dollars to a figure below 
that sum. Salaries for all officials, clerks and employees af- 
fected by the salary reduction provided for by this act, for 
the fiscal year ending July 1, 1937, shall be paid in accordance 
with the salary schedule filed in the office of the secretary of 
state, labeled Salary Schedule of State Employees for the 
Year 1937. 

Any provisions of law relative to salary of officials or em- 
ployees inconsistent with said above provisions are hereby 
suspended during the time this act is in effect. 

3. Takes Effect. This act shall take effect July 1, 1936. 
[Approved June 21, 1935.] 



1935] Chapters 159, 160 363 

CHAPTER 159. 

JOINT RESOLUTION RELATING TO THE UNITED STATES VETERANS' 
ADMINISTRATION FACILITY, MANCHESTER, NEW HAMPSHIRE. 

Whereas the United States Veterans' Administration Fa- 
cility located in Manchester, New Hampshire, a branch of the 
Federal Government that administers the statutes governing 
financial and other relief to World War veterans, the widows 
and orphans of deceased World War veterans, seems to be 
in danger of being discontinued ; and 

Whereas the discontinuance of this facility will work a 
particular hardship upon the veterans of New Hampshire ; and 

Whereas it is our belief that proper and adequate service 
cannot be given to the veterans of this state should the Man- 
chester facility cease to exist ; therefore 

Resolved by the Senate and Hoiise of Representatives in 
General Court convened: 

That the President of the United States be requested not 
to discontinue nor to limit in any respect the operation of the 
present Veterans' Administration Facility at Manchester, 
New Hampshire. 

[Approved January 22, 1985.] 



CHAPTER 160. 

JOINT RESOLUTION PROVIDING FOR ADDITIONAL MOTHERS' AID. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of thirty-four thousand six hundred and 
fourteen dollars ($84,614) be and hereby is appropriated for 
the state board of public welfare to provide aid for mothers 
previously receiving mothers' aid from funds of the relief 
administration and for mothers whose applications for aid 
have been approved by the state board of public welfare. 
This appropriation shall be for the period of January first, 
1935, to July first, 1935. The governor is authorized to draw 
his warrant for said sum out of any money in the treasury 
not otherwise appropriated. 

[Approved January 29, 1935.] 



364 Chapters 161, 162 [1935 

CHAPTER 161. 

JOINT RESOLUTION PROVIDING FOR A DEFICIENCY APPROPRIATION 
FOR THE EXECUTIVE DEPARTMENT. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of twenty-one thousand eight hundred and 
two dollars and sixty-eight cents ($21,802.68) be and hereby 
is appropriated to provide for a deficiency in the appropria- 
tion for the executive department for the emergency fund for 
protection of interests of the state for the fiscal year ending 
June 30, 1935, and the governor is authorized to draw his 
warrant for said sum out of any money in the treasury not 
otherwise appropriated. 

[Approved January 29, 1935.] 



CHAPTER 162. 



JOINT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE 

UNITED STATES RELATIVE TO THE USE OF GRANITE IN THE 

CONSTRUCTION OF FEDERAL BUILDINGS AND PUBLIC WORKS. 

Whereas the secretary of the treasury of the United States 
has practically eliminated the use of granite from the con- 
struction of federal buildings and public works, and 

Whereas the increased cost of maintenance and replace- 
ment of building construction of materials of inferior quality 
will be passed on to the tax payers, and 

Whereas the production of granite constitutes one of New 
Hampshire's basic industries which is seriously affected by 
the aforesaid program, and 

Whereas great numbers of granite workers have lost em- 
ployment and have been placed upon public relief as a result 
of said program, now therefore, be it 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the President of the United States be requested to 
urge the continued use of granite in the construction of fed- 
eral buildings and public works. 

[Approved January 29, 1935.] 



1935] Chapter 163 365 

CHAPTER 163. 

JOINT RESOLUTION RELATING TO TAXATION BY THE FEDERAL 

GOVERNMENT OF NET INCOME FROM THE SALE 

OF LIQUOR BY THE STATE. 

Whereas the legislature of the state of New Hampshire 
has deemed it expedient to control the traffic in intoxicating 
liquor in this state by the establishment of a state liquor mo- 
nopoly and a system of state operated retail liquor stores, and 

Whereas the aim and purpose of this regulatory system 
is the protection of the public health and the welfare and 
morals of the citizens of this state and not the collection of 
revenue or production of profit, and 

Whereas the operation of this system has tended to achieve 
the ends towards which it was aimed and has met with general 
satisfaction and approval among the citizens of this state, and 

Whereas certain officials and representatives of the gov- 
ernment of the United States now claim or threaten to claim 
that the amount of net income from the operation of this sys- 
tem over and above the amount necessary to pay operating 
expenses may be taxable to the federal government in the 
same way in which the net income of a private corporation is 
taxable in accordance with the provisions of the United States 
Internal Revenue Act, now therefore be it 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That it is the sense of this General Court that the United 
States Internal Revenue Act should be so far amended as to 
make it clear that such net income, if any there be, from the 
operation of this system of liquor control is not taxable to the 
federal government as aforesaid, and be it further 

Resolved that a copy of this resolution be transmitted to 
each of the senators and representatives in Congress of this 
state and to the Speaker of the House of Representatives of 
the Congress of the United States and to the President of the 
United States Senate and to the President of the United 
States, 

[Approved January 29, 1935.] 



366 Chapters 164, 165 [1935 

CHAPTER 164. 

JOINT RESOLUTION MAKING APPROPRIATIONS FOR FISH AND 

GAME EXHIBITS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of one thousand dollars ($1,000) be and 
hereby is appropriated for the purpose of exhibits at the 
Boston Show, February 2-9, 1935, or other publicity work to 
create interest in New Hampshire facilities for fishing and 
hunting; said sum to be expended under the direction of the 
fish and game commissioner and the governor is hereby au- 
thorized to draw his warrant for said sum out of any money 
in the treasury not otherwise appropriated. 

[Approved February 7, 1935.] 



CHAPTER 165. 

JOINT RESOLUTION PROVIDING FOR THE COLLECTION, PUBLICA- 
TION AND DISTRIBUTION OF CERTAIN EARLY 
STATE AND PROVINCIAL RECORDS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand nine hundred and seventy 
dollars ($2,970) be and hereby is appropriated for the col- 
lection, publication and distribution of certain early state and 
provincial records. Said sum shall be expended by the sec- 
retary of state under the provisions of section 9, chapter 5 
of the Public Laws, as amended by section 1, chapter 28 of 
the Laws of 1931 and the governor is authorized to draw his 
warrant for said sum out of any money in the treasury not 
otherwise appropriated. This money is not to be available 
until July 1, 1935. 

[Approved February 8, 1935.] 



1935] Chapters 166, 167, 168 367 

CHAPTER 166. 

JOINT RESOLUTION AUTHORIZING THE REPAIR OF CERTAIN 
PROVINCIAL RECORDS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of nine hundred dollars ($900) be and hereby 
is appropriated for the repair of certain volumes of provin- 
cial records being property of the state now being kept in the 
historical society building for safe keeping. Said sum shall 
be expended under the direction of the secretary of state and 
the governor is authorized to draw his warrant for said sum 
out of any money in the treasury not otherwise appropriated. 
This money is not to be available until July 1, 1935. 

[Approved February 8, 1935.] 



CHAPTER 167. 

JOINT RESOLUTION RELATING TO PAYMENT OF BONUS IN RECOG- 
NITION OF WAR SERVICE OF RESIDENTS OF NEW HAMPSHIRE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five thousand dollars ($5,000) is hereby 
appropriated for the payment of bonus to those residents of 
New Hampshire who would have been entitled to the bonus 
as provided by chapter 140 of the Laws of 1919 and chapter 
1 of the special session of 1919 and who have heretofore and 
since June 30, 1926, made application therefor, or who may 
hereafter make application therefor; and the state treasurer 
is hereby authorized to make payments therefor to those 
whose names appear on the records in the office of the adju- 
tant-general as entitled thereto or to the legal representatives 
or heirs of such as have died ; and the governor is authorized 
to draw his warrant therefor out of any money in the treasury 
not otherwise appropriated. 

[Approved February 20, 1935.] 



CHAPTER 168. 

JOINT RESOLUTION FOR THE PROCUREMENT OF FEDERAL CO- 
OPERATION IN THE STABILIZING OF THE MERRIMACK RIVER. 

Whereas, it appears to be the policy of the federal admin- 
istration in pursuance of its purpose to relieve unemployment, 



368 Chapter 169 [1935 

to extend full co-operation or assume complete responsibility 
in the work of establishing water storage projects which shall 
be permanent in their character and which will contribute to 
the stabilization of water-flow in important streams ; and 

Whereas, the Merrimack river is among the most impor- 
tant streams in the eastern section of the country, serving 
two states with highly developed industrial centers which are 
dependent upon that river's water-flow, now therefore be it 
Resolved by the Senate and House of Representatives in 
General Court convened: 

That His Excellency the Governor be requested to lay be- 
fore the proper authorities in the federal government the prob- 
lem of bringing about the stabilization of water-flow in the 
Merrimack river and that our senators and representatives 
in Congress be requested to co-operate with the Governor in 
such steps as he may take to this end, and that they be re- 
quested to seek, if necessary, the sanction of Congress for the 
purpose of effecting this highly desirable object. 

[Approved February 28, 1935.] 



CHAPTER 169. 

JOINT RESOLUTION PROVIDING FOR REPAYMENT OF PERMIT FEES 
TO CERTAIN PERSONS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of eighty dollars ($80) be allowed and paid 
to the owners of each of the following-named establishments 
who surrendered their permits to sell beverages because 
the change in the law at the special session, 1934, made it 
impossible for them to comply with the law without financial 
loss : Village Inn & Cafe, Bristol ; Concord Low Restaurant, 
Concord; Daeris Tea Room, Dover; Leighton's Hotel & Res- 
taurant, Dover; Virginia Coffee Shop, Laconia; Chung Mee 
Restaurant, Inc., Manchester; International Restaurant Co., 
Manchester; Rockingham Country Club, Newmarket; Bonnet 
Top Inn, North Conway; Fernald-Hackett, Inc., Rochester; 
Plaza Restaurant, Rochester ; Lamie's Tavern, Hampton. The 
governor is authorized to draw his warrant for the above 
sums and said sums shall be a charge upon the revenue col- 
lected under the provisions of chapter 99, Laws of 1933. 

[Approved March 7, 1935.] 



1935] Chapters 170, 171 369 

CHAPTER 170. 

JOINT RESOLUTION IN FAVOR OF CHARLOTTE GUAY ELLIOTT. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer be directed to pay to Charlotte 
Guay Elliott, daughter of the late Thomas J. Guay, the full 
salary due said decedent as a member of the house of repre- 
sentatives. 

[Approved March 7, 1935.] 



CHAPTER 171. 

JOINT RESOLUTION IN FAVOR OF GUY S. NEAL AND OTHERS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That Guy S. Neal, sergeant-at-arms of the house be al- 
lowed the sum of thirty-six dollars ; that Wallace S. Thompson 
be allowed the sum of thirty-two dollars ; that Fred W. Friend 
be allowed the sum of thirty-two dollars; that Harold Four- 
nier be allowed the sum of eighty-four dollars ; that Reginald 
Cargill be allowed the sum of fifty dollars; that Roland F. 
Smith be allowed the sum of fifty dollars; that Theodore R. 
Brown be allowed the sum of twenty-four dollars ; that Robert 
W. Focht be allowed the sum of twenty-four dollars; that P. 
E. Gilman be allowed the sum of sixteen dollars; that Fred 
Rousseau be allowed the sum of sixteen dollars; that Melvin 
Brungot be allowed the sum of twenty dollars ; that Raymond 
B. Lakeman be allowed the sum of twenty-six dollars ; that 
Charles C. Crowley be allowed the sum of twenty dollars; 
that Benjamin H. Bragg be allowed the sum of eight dollars; 
that William W. Allen be allowed the sum of eight dol- 
lars ; that Martin C. Ryan be allowed the sum of twelve dol- 
lars; that Alice V. Flanders be allowed the sum of eight 
dollars ; that Helen M. Young be allowed the sum of sixty-six 
dollars, 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 March 7, 1935.] 



370 Chapters 172, 173 [1935 

CHAPTER 172. 

JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE 
PROBLEM OF THE REVISION OF PUBLIC UTILITY LAWS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the governor, with the advice and consent of the 
council, is hereby authorized and directed to appoint five per- 
sons to constitute a committee to study the problem of the 
revision of the public utility laws of this state, and other laws 
affecting the powers and jurisdiction of the public service 
commission. Said committee shall report its findings and rec- 
ommendations as to the expediency of making changes in 
said laws to the next regular session of the legislature, pro- 
vided, however, that any recommendations of this committee 
may be submitted to this session of the legislature. The 
members of said committee shall serve without compensation 
but shall be allowed their actual expenses while engaged in 
the work of said committee to be approved by the governor 
and council. For the purposes of carrying into effect the 
provisions hereof the sum of not exceeding fifteen hundred 
dollars ($1,500) is hereby appropriated and the governor is 
authorized to draw his warrant for the same out of any money 
in the treasury not otherwise appropriated. 

[Approved March 20, 1935.] 



CHAPTER 173. 

JOINT RESOLUTION MAKING AN APPROPRIATION FOR STATE 

ADVERTISING. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of twenty thousand dollars ($20,000) be and 
hereby is appropriated for the fiscal year ending June 30, 
1935, for the purpose of advertising the state of New Hamp- 
shire. The said sum shall be expended under the direction 
of the state planning and development commission and the 
governor is authorized to draw his warrant for said sum out 
of any money in the treasury not otherwise appropriated. 

[Approved March 20, 1935.] 



1935] Chapter 174 371 

CHAPTER 174. 

JOINT RESOLUTION FOR THE BENEFIT OF THE COTTON TEXTILE 
INDUSTRY IN NEW HAMPSHIRE. 

Whereas, by the provisions of the National Recovery Act, 
the President of the United States alone is empowered through 
his proclamation, or by his executive order, to modify or re- 
scind any provisions of any portion of any code which has been 
set up for any industry under the act of Congress herein cited ; 
and 

Whereas, the differentials which exist under the said code, 
which have grown up under long continued practice, lay an 
intolerable burden upon the cotton textile industry of New 
Hampshire and present an insuperable obstacle to the devel- 
opment and even the continuation of this industry in our 
state ; now therefore be it 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the President of the United States be requested to 
exercise the powers which he possesses under the National 
Recovery Act to the end that the cotton textile industry 
throughout the country may proceed under conditions of eco- 
nomic equality and that the readily apparent burdens which 
are now laid upon the cotton textile industry in New Hamp- 
shire may be removed and that New Hampshire manufac- 
turers and New Hampshire operatives may be assured that 
no discrimination is practiced against them ; and be it further 

Resolved, that this resolution be transmitted by the Gov- 
ernor to the President of the United States, with such further 
representations as His Excellency the Governor may see fit 
to make, and that the secretary of state be directed to trans- 
mit a copy of this resolution, under seal of the state, to our 
senators and representatives in Congress with a request that 
they act as a unit and with such others as they may induce to 
join them, to accomplish the results which this resolution 
seeks to bring about. 

[Approved April 9, 1935.] 



372 Chapters 175, 176, 177 [1935 

CHAPTER 175. 

JOINT RESOLUTION TO PROVIDE ADDITIONAL APPROPRIATION TO 
THE GOVERNOR'S CONTINGENT FUND. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of fifteen hundred dollars ($1,500) is hereby 
appropriated for the fiscal year ending June 30, 1935, as an 
additional contingent fund to be expended by the governor 
in the same manner and for the same purposes as the regular 
contingent fund and the governor is hereby authorized to draw 
his warrant for said sum out of any money in the treasury not 
otherwise appropriated. 

[Approved April 11, 1935.] 



CHAPTER 176. 

JOINT RESOLUTION IN FAVOR OF THE STATE PLANNING AND 
DEVELOPMENT COMMISSION. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of seven thousand five hundred dollars 
($7,500) be and hereby is appropriated for the state planning 
and development commission for the fiscal year ending June 
30, 1935, for its general purposes and the governor is hereby 
authorized to draw his warrant for said sum out of any money 
in the treasury not otherwise appropriated. 

[Approved April 11, 1935.] 



CHAPTER 177. 

joint RESOLUTION IN FAVOR OF WILLIAM SHIVELY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of nine hundred nineteen dollars and thirty- 
eight cents ($919.38) be allowed and paid to William Shively 
of Chilo, Ohio, for money paid into the hands of the state 
treasurer on February 18, 1932, under decree of the probate 
court of Grafton county that there were no heirs to the estate 
of James T. McCarthy, late of Hanover in said county, de- 
ceased, it having been decreed by the same court on Septem- 
ber 18, 1934, that the said William Shively was the heir to 



1935] Chapters 178, 179, 180 373 

said estate and entitled to the same. The sum so paid into 
the hands of the state treasurer was nine hundred sixty-seven 
dollars and seventy-seven cents ($967.77), from which is de- 
ducted the sum of forty-eight dollars and thirty-nine cents 
($48.39) as a tax upon said inheritance. The governor, by 
and with the advice of the council, is hereby authorized to 
draw his warrant for said sum out of any money in the treas- 
ury not otherwise appropriated. 
[Approved May 4, 1935.] 



CHAPTER 178. 
JOINT RESOLUTION IN FAVOR OF LILLIAN M. WHITE. 

Resolved by the Senate and Hoicse of Representatives in 
General Court convened: 

That the state treasurer is hereby authorized and directed 
to pay to Lillian M. White, widow of John E. White late of 
Keene, the full salary due said decedent as a member of the 
house of representatives. 

[Approved May 4, 1935.] 



CHAPTER 179. 

JOINT RESOLUTION IN FAVOR OF THE TOWN OF CARROLL. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of thirty-four hundred sixty-three dollars 
and nineteen cents ($3,463.19) be and the same is hereby ap- 
propriated to reimburse the town of Carroll for money spent 
in defending the town of Carroll against a suit brought by 
Edith B. Higgins in which a decision was handed down by the 
supreme court on June 29, 1933, and said sum shall be a charge 
upon the highway funds. 

[Approved May 11, 1935.] 



CHAPTER 180. 

JOINT RESOLUTION MAKING APPROPRIATION FOR THE NEW 
HAMPSHIRE BUILDING AT THE EASTERN STATES EXPOSITION. 

Resolved by the Senate and House of Representatives in 
General Court convened: 
That the sum of six thousand two hundred dollars ($6,200) 
be and hereby is appropriated for the painting and other re- 



374 Chapters 181, 182 [1935 

pairs for the New Hampshire building at the Eastern States 
Exposition at West Springfield in the commonwealth of Mas- 
sachusetts and for current expenses for the general purposes 
for which said building was constructed. Said sum shall be 
expended under the direction of the commission having 
charge of the operation thereof and of said sum three thou- 
sand eight hundred dollars shall be available for the period 
from the date of the passage of this act to June 30, 1936, and 
two thousand four hundred dollars shall be available for the 
fiscaiyear ending June 30, 1937. The governor is authorized 
to draw his warrant for said sum out of any money in the 
treasury not otherwise appropriated. 
[Approved May 22, 1935.] 



CHAPTER 181. 

JOINT RESOLUTION FOR THE UPKEEP AND MAINTENANCE OF THE 

GROUNDS OF THE NEW HAMPSHIRE VETERANS' 

ASSOCIATION AT THE WEIRS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of fifteen hundred dollars ($1,500) be and 
hereby is appropriated for the fiscal year ending June 30, 1936, 
and the same amount for the fiscal year ending June 30, 1937, 
for the purpose of paying for the upkeep and maintenance of 
the grounds of the New Hampshire Veterans' Association at 
The Weirs, and for necessary repairs on any buildings owned 
by the said association or controlled by any regimental Civil 
War organization now in existence, situated thereon. Said ap- 
propriation for each of the fiscal years named above shall be 
expended by a suitable agent to be appointed by the governor 
and council, and the governor is authorized to draw his war- 
rant for the payment of said sums out of any money in the 
treasury not otherwise appropriated. 

[Approved May 22, 1935.] 



CHAPTER 182. 
JOINT RESOLUTION IN FAVOR OF LENA M. FRENCH OF PITTSFIELD. 

Whereas Delmore M. French died intestate January 1, 
1933, leaving a widow, Lena M. French of Pittsfield, and no 
heirs, and 



1935] Chapter 183 375 

Whereas, under the law in force at the time of the dece- 
dent's death certain of the property of said estate would es- 
cheat to the state, and 

Whereas, subsequent to the death of said decedent, namely 
on May 25, 1933, a law was passed changing the distribution 
of estates in such a case, therefore, 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the personal property belonging to the estate of Del- 
more M. French, which under the provisions of section 7, chap- 
ter 307 of the Public Laws prior to the amendment passed 
May 25, 1933, would escheat to the state, shall accrue to and 
the same shall hereby vest in the widow of said decedent upon 
decree of the judge of probate. 

[Approved May 22, 1935.] 



CHAPTER 183. 

JOINT RESOLUTION IN FAVOR OF CHARLES FRANCIS HOOD, WAL- 
TER H. HOOD AND NELLIE F. HAGERTY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the treasurer of the state of New Hampshire be and 
hereby is authorized and instructed to pay and deliver to 
Charles Francis Hood, Walter H. Hood and Nellie F. Hagerty, 
children and sole heirs of Walter L. Hood, the sum of $921.60 
and Certificate No. 1781 in the sum of $71.96 issued by the 
savings department of the Lisbon Savings Bank & Trust Com- 
pany and Certificate No. 418 in the sum of $2.82 issued by 
the commercial department of said bank and trust company, 
taking their joint receipt therefor, said money and certificates 
representing the full amount of cash and certificates delivered 
to the state treasurer by Linna 0. Bronson, administratrix 
of the estate of Jennie T. Harris late of Lisbon, New Hamp- 
shire, deceased; said payment having been made agreeably 
to the Public Laws of New Hampshire relating to the payment 
into the state treasury of funds belonging to a lost heir. 

[Approved May 22, 1935.] 



376 Chapters 184, 185 [1935 

CHAPTER 184. 

JOINT RESOLUTION IN FAVOR OF EUDORA M. MUNDER OF SPRING- 
FIELD, MASSACHUSETTS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer be directed to pay to Eudora M. 
Munder of Springfield, Massachusetts, legatee under the will 
of John C. Young, the sum of one hundred dollars ($100) as 
property belonging to the estate of said John C. Young. 

[Approved May 22, 1935.] 



CHAPTER 185. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE MAIN ROAD 

FROM ANTRIM CENTER TO THE FRANKLIN PIERCE 

HIGHWAY IN THE TOWN OF ANTRIM. 

Resolved by the Senate and Hov^e of Representatives in 
General Court convened: 

That the sum of three thousand dollars ($3,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of the main road from 
Antrim Center to the Franklin Pierce highway in the town 
of Antrim at the Cunningham Corner, so called, provided 
that the town of Antrim appropriates fifteen hundred dollars 
($1,500) for each of the two years for the same purpose. It 
is further provided that, if the town of Antrim makes the ap- 
propriation provided for herein and accepts the aid from the 
state under this resolution, said town shall not be entitled to 
apply for or receive state aid for the years 1935 and 1936 
for class II highways in said town under the provisions of 
sections 19, 20 and 21 of chapter 84 of the Public Laws as 
amended by chapter 7 of the Laws of 1931 and section 4, 
chapter 17 of the Laws of 1935, approved March 4, 1935. 
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 highway funds.* 

[Approved May 22, 1935.] 



* Amended, chapter 264, post. 



1935] Chapters 186, 187 377 

CHAPTER 186. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE PROVINCE 
ROAD IN THE TOWN OF BELMONT. 

Resolved by the Senate and House of Representatives in 
General, Court convened: 

That the sum of four thousand five hundred dollars 
($4,500) for the year 1935 and a like sum for the year 1936 
be and hereby are appropriated for the improvement of the 
Province road in the town of Belmont, provided that the town 
of Belmont appropriates for the same purpose the sum of 
fifteen hundred dollars ($1,500) for each of the said two 
years. It is further provided that, if the town of Belmont 
makes the appropriation provided for herein and accepts the 
aid from the state under this resolution, said town shall not 
be entitled to apply for or receive state aid for the years 1935 
and 1936 for class II highways in said town under the pro- 
visions of sections 19, 20 and 21 of chapter 84 of the Public 
Laws as amended by chapter 7 of the Laws of 1931 and sec- 
tion 4, chapter 17 of the Laws of 1935, approved March 4, 
1935. The sums appropriated by the state and by the town 
shall be expended under the direction of the highway commis- 
sioner and the sums appropriated by the state shall be a 
charge upon the highway funds. 

[Approved May 22, 1935.] 



CHAPTER 187. 

JOINT RESOLUTION FOR THE COMPLETION OF THE ROAD FROM 
DALTON TO WHITEFIELD. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand dollars ($4,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the completion of the road between Dalton 
and Whitefield in the town of Dalton, provided that the town 
of Dalton appropriates the sum of one thousand dollars 
($1,000) for the same purpose for each of the said two years. 
It is provided further that, if the town of Dalton makes the 
appropriation provided for herein and accepts the aid from 
the state under this resolution, said town shall not be entitled 
to apply for or receive state aid for the years 1935 and 1936 



378 Chapters 188, 189 [1935 

for class II highways in said town under the provisions of sec- 
tions 19, 20 and 21 of chapter 84 of the Public Laws as 
amended by chapter 7 of the Laws of 1931 and section 4, 
chapter 17 of the Laws of 1935, approved March 4, 1935. The 
sums appropriated by the state and by the town shall be ex- 
pended under the direction of the highway commissioner and 
the sums appropriated by the state shall be a charge upon the 
highway funds. 

[Approved May 22, 1935.] 



CHAPTER 188. 
JOINT RESOLUTION FOR THE IMPROVEMENT OF THE ROAD LEAD- 
ING FROM RUMNEY TO CANAAN, IN THE TOWN OF DORCHESTER. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand dollars ($4,000) for the 
year 1936 be and the same hereby is appropriated, provided 
that the town of Dorchester appropriates the sum of one thou- 
sand dollars ($1,000), for the improvement and completion 
of the road leading from Rumney to Canaan in the town of 
Dorchester. It is further provided that, if the town of Dor- 
chester makes the appropriation provided for herein and ac- 
cepts the aid from the state under this resolution, said town 
shall not be entitled to apply for or receive state aid for the 
year 1936 for class II highways in said town under the pro- 
visions of sections 19, 20 and 21 of chapter 84 of the Public 
Laws as amended by chapter 7 of the Laws of 1931 and sec- 
tion 4, chapter 17 of the Laws of 1935, approved March 4, 
1935. Said sums appropriated by the state and by the town 
shall be expended under the direction of the highway com- 
missioner, and the sums appropriated by the state shall be a 
charge upon the highway funds. 

[Approved May 22, 1935.] 



CHAPTER 189. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN THE 
TOWN OF EAST KINGSTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three thousand dollars ($3,000) for the 



1935] Chapter 190 379 

year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of the Powwow road, so 
called, in the town of East Kingston, provided that the town of 
East Kingston appropriates the sum of one thousand dollars 
($1,000) for each of the said two years for the same purpose. 
It is further provided that, if the town of East Kingston 
makes the appropriation provided for herein and accepts the 
aid from the state under this resolution, said town shall not 
be entitled to apply for or receive state aid for the years 1935 
and 1936 for class II highways in said town under the pro- 
visions of sections 19, 20 and 21 of chapter 84 of the Public 
Laws as amended by chapter 7 of the Laws of 1931 and sec- 
tion 4, chapter 17 of the Laws of 1935, approved March 4, 
1935. Said sums appropriated by the state and by the town 
shall be expended under the direction of the highway com- 
missioner, and the sums appropriated by the state shall be a 
charge upon the highway funds. 
[Approved May 22, 1935.] 



CHAPTER 190. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE ROAD IN 

FARMINGTON LEADING TO THE MILTON LINE, 

KNOWN AS ELM STREET. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand dollars ($4,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of the road leading from 
Farmington to the Milton line, known as Elm street, provided 
that the town of Farmington appropriates for the same pur- 
pose the sum of two thousand dollars ($2,000) for each of 
said two years. It is further provided that, if the town of 
Farmington makes the appropriation provided for herein and 
accepts the aid from the state under this resolution, said town 
shall not be entitled to apply for or receive state aid for the 
years 1935 and 1936 for class II highways in said town under 
the provisions of sections 19, 20 and 21 of chapter 84 of the 
Public Laws as amended by chapter 7 of the Laws of 1931 
and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. The said sums appropriated by the state and 



380 Chapters 191, 192 [1935 

town shall be expended under the direction of the highway 
commissioner and the sums appropriated by the state shall 
be a charge upon the highway funds. 
[Approved May 22, 1935.] 



CHAPTER 191. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE PROVINCE 
ROAD IN THE TOWN OF GILMANTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand five hundred dollars 
($4,500) for the year 1935 and a like sum for the year 1936 be 
and hereby are appropriated for the improvement of the Prov- 
ince road in the town of Gilmanton, provided that the town of 
Gilmanton appropriates for the same purpose the sum of fif- 
teen hundred dollars ($1,500) for each of the said two years. 
It is further provided that, if the town of Gilmanton makes the 
appropriation provided for herein and accepts the aid from the 
state under this resolution, said town shall not be entitled to 
apply for or receive state aid for the years 1935 and 1936 for 
class II highways in said town under the provisions of sections 
19, 20 and 21 of chapter 84 of the Public Laws as amended by 
chapter 7 of the Laws of 1931 and section 4, chapter 17 of 
the Laws of 1935, approved March 4, 1935. The sums ap- 
propriated 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 
highway funds. 

[Approved May 22, 1935.] 



CHAPTER 192. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE OLD STAGE 

LINE, SO CALLED, LEADING FROM LOUDON TO KELLEY'S 

CORNER IN LOWER GILMANTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of the old stage line, so 
called, leading from Loudon to Kelley's Corner in Lower Gil- 



1935] Chapter 193 381 

manton, in the town of Loudon, provided the town of Loudon 
appropriates the sum of one thousand dollars ($1,000) for 
each of the two years for the same purpose. It is further 
provided that, if the town of Loudon makes the appropriation 
provided for herein and accepts the aid from the state under 
this resolution, said town shall not be entitled to apply for 
or receive state aid for the years 1935 and 1936 for class 
II highways in said town under the provisions of sections 19, 
20 and 21 of chapter 84 of the Public Laws as amended by 
chapter 7 of the Laws of 1931 and section 4, chapter 17 of the 
Laws of 1935, approved March 4, 1935. Said sums appro- 
priated by the state and by the town shall be expended under 
the direction of the highway commissioner and the sum ap- 
propriated by the state shall be a charge upon the highway 
funds. 

[Approved May 22, 1935.] 



CHAPTER 193. 



JOINT RESOLUTION FOR THE IMPROVEMENT OF HIGHWAY LEAD- 
ING FROM CENTER OSSIPEE TO CONWAY VIA EFFINGHAM 
FALLS, FREEDOM AND EATON AT CONWAY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of six thousand dollars ($6,000) for the year 
1935 and a like sum for the year 1936 be and hereby are ap- 
propriated for the improvement of such sections of the high- 
way leading from Center Ossipee to Conway via Effingham 
Falls, Freedom and Eaton as lie in the town of Conway, pro- 
vided that the town of Conway appropriates three thousand 
dollars ($3,000) for each of the said two years for the same 
purpose. It is further provided that, if the town of Conway 
makes the appropriation provided for herein and accepts the 
aid from the state under this resolution, said town shall not 
be entitled to apply for or receive state aid for the years 
1935 and 1936 for class II highways in said town under the 
provisions of sections 19, 20 and 21 of chapter 84 of the Pub- 
lic Laws as amended by chapter 7 of the Laws of 1931 and 
section 4, chapter 17 of the Laws of 1935, approved March 
4, 1935. Said sums appropriated by the state and by the 
town shall be expended under the direction of the highway 



382 Chapters 194, 195 [1935 

commissioner and the sums appropriated by the state shall 
be a charge upon the highway funds. 
[Approved May 22, 1935.] 



CHAPTER 194. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF HIGHWAY LEAD- 
ING FROM CENTER OSSIPEE TO CONWAY VIA EFFINGHAM 
FALLS, FREEDOM AND EATON AT MADISON. 

Resolved hy the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) for the 
year 1935 and a like sum for the year 1936 be and hereby 
are appropriated for the improvement of such sections of 
the highway leading from Center Ossipee to Conway via Ef- 
fingham Falls, Freedom and Eaton as lie in the town of Mad- 
ison, provided that the town of Madison appropriates one 
thousand dollars ($1,000) for each of the said two years for 
the same purpose. It is further provided that, if the town 
of Madison makes the appropriation provided for herein and 
accepts the aid from the state under this resolution, said town 
shall not be entitled to apply for or receive state aid for the 
years 1935 and 1936 for class II highways in said town under 
the provisions of sections 19, 20 and 21 of chapter 84 of the 
Public Laws as amended by chapter 7 of the Laws of 1931 
and section 4, chapter 17 of the Laws of 1935, approved March 
4, 1935. 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 highway funds. 

[Approved May 22, 1935.] 



CHAPTER 195. 

JOINT RESOLUTION FOR THE COMPLETION OF THE MEREDITH- 
NEW HAMPTON ROAD AND THE IMPROVEMENT OF THE 
ROAD LEADING FROM SAID ROAD TO THE LACONIA LINE. 

Resolved hy the Senate and House of Representatives in 
General Court convened: 

That the sum of eight thousand dollars ($8,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the completion of the Meredith-New Hamp- 



1935] Chapter 196 383 

ton road so called in the town of Meredith and for the per- 
manent improvement of the road leading from said road at 
Joseph Smith's Corner so called through Meredith Center 
to the Laconia line, provided that the town of Meredith ap- 
propriates four thousand dollars ($4,000) for each of said 
two years for this purpose. It is further provided that, if the 
town of Meredith makes the appropriation provided for herein 
and accepts the aid from the state under this resolution, said 
town shall not be entitled to apply for or receive state aid for 
the years 1935 and 1936 for class II highways in said town 
under the provisions of sections 19, 20 and 21 of chapter 84 
of the Public Laws as amended by chapter 7 of the Laws of 
1931 and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. Said sums appropriated by the state and by 
the town shall be expended under the direction of the state 
highway commissioner and the sums appropriated by the state 
shall be a charge upon the highway funds. 
[Approved May 22, 1935.] 



CHAPTER 196. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE ASHLAND, 

WINONA AND LACONIA ROAD IN THE 

TOWN OF NEW HAMPTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand dollars ($4,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of the Ashland, Winona 
and Laconia road in the town of New Hampton, provided that 
the town of New Hampton appropriates the sum of two thou- 
sand dollars ($2,000) for each of the said two years for the 
same purpose. It is further provided that, if the town of 
New Hampton makes the appropriation provided for herein 
and accepts the aid from the state under this resolution, said 
town shall not be entitled to apply for or receive state aid for 
the years 1935 and 1936 for class II highways in said town 
under the provisions of sections 19, 20 and 21 of chapter 84 
of the Public Laws as amended by chapter 7 of the Laws of 
1931 and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. Said sums appropriated by the state and by 



384 Chapters 197, 198 [1935 

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 highway funds. 
[Approved May 22, 1935.] 



CHAPTER 197. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN 

PELHAM. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand five hundred dollars 
($4,500) for the year 1935 and a like sum for the year 1936 
be and hereby are appropriated for the improvement of the 
road from Hillman's Corner, so called, to Pelham Center, in 
the town of Pelham, provided that the town of Pelham appro- 
priates the sum of one thousand five hundred dollars ($1,500) 
for each of the said two years for the same purpose. It is 
further provided that, if the town of Pelham makes the ap- 
propriation provided for herein and accepts the aid from the 
state under this resolution, said town shall not be entitled to 
apply for or receive state aid for the years 1935 and 1936 for 
class II highways in said town under the provisions of sections 
19, 20 and 21 of chapter 84 of the Public Laws as amended by 
chapter 7 of the Laws of 1931 and section 4, chapter 17 of 
the Laws of 1935, approved March 4, 1935. The sums appro- 
priated by the state and by the town shall be expended under 
the direction of the highway commissioner, and the sums ap- 
propriated by the state shall be a charge upon the highway 
funds. 

[Approved May 22, 1935.] 



CHAPTER 198. 

JOINT RESOLUTION RELATING TO THE IMPROVEMENT OF ROAD 

LEADING FROM RUMNEY TO STINSON LAKE 

IN THE TOWN OF RUMNEY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) for the year 
1935 and a like sum for the year 1936 be and hereby are ap- 
propriated for the permanent construction and improvement 



1935] Chapter 199 385 

of the road leading from Rumney to Stinson lake in the town 
of Rumney, provided that the town of Rumney appropriates 
the sum of one thousand dollars ($1,000) for each of the said 
two years for the same purpose. It is further provided that, 
if the town of Rumney makes the appropriation provided for 
herein and accepts the aid from the state under this resolu- 
tion, said town shall not be entitled to apply for or receive 
state aid for the years 1935 and 1936 for class II highways 
in said town under the provisions of sections 19, 20 and 21 of 
chapter 84 of the Public Laws as amended by chapter 7 of the 
Laws of 1931 and section 4, chapter 17 of the Laws of 1935, 
approved March 4, 1935. 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 highway funds. 
[Approved May 22, 1935.] 



CHAPTER 199. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF NEW LONDON 

ROAD LEADING FROM NEW LONDON TOWN LINE TO WEST 

SPRINGFIELD IN THE TOWN OF SPRINGFIELD. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of fifteen hundred dollars ($1,500) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of the New London road, 
so called, leading from the New London town line to West 
Springfield in the town of Springfield, provided that the town 
of Springfield appropriates five hundred dollars ($500) for 
each of the two years for the same purpose. It is further 
provided that, if the town of Springfield makes the appropri- 
ation provided for herein and accepts the aid from the state 
under this resolution, said town shall not be entitled to apply 
for or receive state aid for the years 1935 and 1936 for class 
II highways in said town under the provisions of sections 19, 
20 and 21 of chapter 84 of the Public Laws as amended by 
chapter 7 of the Laws of 1931 and section 4, chapter 17 of the 
Laws of 1935, approved March 4, 1935. Said sums appro- 
priated by the state and by the town shall be expended under 
the direction of the highway commissioner and the sums ap- 



386 Chapters 200, 201 [1935 

propriated by the state shall be a charge upon the highway 
funds. 

[Approved May 22, 1935.] 



CHAPTER 200. 

JOINT RESOLUTION FOR THE CONSTRUCTION AND PERMANENT 

IMPROVEMENT OF THE PROVINCE LAKE ROAD, IN THE 

TOWN OF WAKEFIELD, LEADING FROM WOODMAN TO 

THE STATE OF MAINE LINE AT PARSONSFIELD. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated on condition that the town of Wakefield appro- 
priates two thousand dollars ($2,000) for each of the two 
years for the construction and permanent improvement of the 
Province Lake road, in the town of Wakefield, leading from 
Woodman to the state of Maine line at Parsonsfield. It is 
further provided that, if the town of Wakefield makes the ap- 
propriation provided for herein and accepts the aid from the 
state under this resolution, said town shall not be entitled to 
apply for or receive state aid for the years 1935 and 1936 for 
class II highways in said town under the provisions of sec- 
tions 19, 20 and 21 of chapter 84 of the Public Laws as 
amended by chapter 7 of the Laws of 1931 and section 4, chap- 
ter 17 of the Laws of 1935, approved March 4, 1935. Said 
sums appropriated by the state and town shall be expended 
under the direction of the highway commissioner and the 
sums appropriated by the state shall be a charge upon the 
highway funds. 

[Approved May 22, 1935.] 



CHAPTER 201. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN 

WASHINGTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three thousand dollars ($3,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 



1935] Chapter 202 387 

appropriated for the improvement of the Cherry Valley turn- 
pike, so called, in the town of Washington, from Washington 
to Goshen, provided that the town of Washington appropriates 
the sum of one thousand dollars ($1,000) for each of the said 
two years for the same purpose. It is further provided that, 
if the town of Washington makes the appropriation provided 
for herein and accepts the aid from the state under this res- 
olution, said town shall not be entitled to apply for or receive 
state aid for the year 1935 and the year 1936 for class II high- 
ways in said town under the provisions of sections 19, 20 
and 21 of chapter 84 of the Public Laws as amended by chap- 
ter 7 of the Laws of 1931 and section 4, chapter 17 of the 
Laws of 1935, approved March 4, 1935. Said sums appro- 
priated by the state and by the town shall be expended under 
the direction of the highway commissioner, and the sums ap- 
propriated by the state shall be a charge upon the highway 
funds. 

[Approved May 22, 1935.] 



CHAPTER 202. 

JOINT RESOLUTION FOR THE IMPROVEMENT AND COMPLETION OF 

THE EAST WEARE ROAD, LEADING FROM NORTH WEARE 

TO EAST WEARE, IN THE TOWN OF WEARE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand dollars ($4,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement and completion of the East 
Weare road, leading from North Weare to East Weare, in the 
town of Weare, provided that the town of Weare appropriates 
two thousand dollars ($2,000) for each of the said two years 
for the same purpose. It is further provided that, if the 
town of Weare makes the appropriation provided for herein 
and accepts the aid from the state under this resolution, said 
town shall not be entitled to apply for or receive state aid for 
the said two years for class II highways in said town under 
the provisions of sections li9, 20 and 21 of chapter 84 of the 
Public Laws as amended by chapter 7 of the Laws of 1931 
and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. The sums appropriated by the state and by 



388 Chapters 203, 204 [1935 

the town shall be expended under the direction of the high- 
way commissioner and the sums appropriated by the state 
shall be a charge upon the highway funds. 
[Approved May 22, 1935.] 



CHAPTER 203. 

JOINT RESOLUTION FOR IMPROVEMENT OF KEARSARGE MOUN- 
TAIN ROAD IN WILMOT. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five hundred dollars ($500) for the year 
1935 be and hereby is appropriated for the improvement of 
the Kearsarge Mountain road in Wilmot from the Wilmot- 
Sutton road to the foot of Morgan's Hill. Said sum shall be 
expended under the direction of the highway commissioner 
and shall be a charge upon the highway funds. 

[Approved May 22, 1935.] 



CHAPTER 204. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN THE 
TOWN OF WILTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand dollars ($4,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of the highway in the town 
of Wilton leading from the Mason road on Abbott Hill to the 
junction with route 101 at Wilton Center, provided that the 
town of Wilton appropriates two thousand dollars ($2,000) 
for each of the two years for the same purpose. It is further 
provided that, if the town of Wilton makes the appropriation 
provided for herein and accepts the aid from the state under 
this resolution, said town shall not be entitled to apply for or 
receive state aid for the years 1935 and 1936 for class II high- 
ways in said town under the provisions of sections 19, 20 and 
21 of chapter 84 of the Public Laws as amended by chapter 
7 of the Laws of 1931 and section 4, chapter 17 of the Laws 
of 1935, approved March 4, 1935. The sums appropriated 
by the state and by the town shall be expended under the di- 



1935] Chapters 205, 206 389 

rection of the highway commissioner and the sums appro- 
priated by the state shall be a charge upon the highway funds. 
[Approved May 22, 1935.] 



CHAPTER 205. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN 

WINDHAM. 

Resolved by the Senate and Hoiise of Representatives in 
Gene7'al Court convened: 

That the sum of twenty-five hundred dollars ($2,500) for 
the year 1935 and a like sum for the year 1936 be and hereby 
are appropriated for the improvement of the extension of the 
so-called Windham Range road in Windham leading from 
Cobbetts Pond road toward Pelham, provided that the town 
of Windham appropriates the sum of one thousand five hun- 
dred dollars ($1,500) for the same purpose for each of the 
said two years. It is further provided that, if the town of 
Windham makes the appropriation provided for herein and 
accepts the aid from the state under this resolution, said town 
shall not be entitled to apply for or receive state aid for the 
years 1935 and 1936 for class II highways in said town under 
the provisions of sections 19, 20 and 21 of chapter 84 of the 
Public Laws as amended by chapter 7 of the Laws of 1931 
and section 4, chapter 17 of the Laws of 1935, approved March 
4, 1935. 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 highway funds. 

[Approved May 22, 1935.] 



CHAPTER 206. 

JOINT RESOLUTION FOR THE COMPLETION OF THE GILMANTON 

ROAD LEADING FROM ALTON TO GILMANTON, 

IN THE TOWN OF ALTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand dollars ($4,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the completion of the Gilmanton road, so 
called, leading from Alton to Gilmanton line, in the town of 



390 Chapter 207 [1935 

Alton, provided that the town of Alton appropriates two 
thousand dollars ($2,000) for each of the two years for the 
same purpose. It is further provided that, if the town of 
Alton makes the appropriation provided for herein and ac- 
cepts the aid from the state under this resolution, said town 
shall not be entitled to apply for or receive state aid for the 
years 1935 and 1936 for class II highways in said town under 
the provisions of sections 19, 20 and 21 of chapter 84 of the 
Public Laws as amended by chapter 7 of the Laws of 1931 
and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. 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 highway funds. 
[Approved May 29, 1935.] 



CHAPTER 207. 

JOINT RESOLUTION FOR IMPROVEMENT OF THE PROVINCE ROAD 

IN BARNSTEAD. 

Resolved by the Senate and Hoicse of Representatives in 
General Court convened: 

That the sum of four thousand five hundred dollars 
($4,500) for the year 1935 and a like sum for the year 1936 
be and hereby are appropriated on condition that the town 
of Barnstead appropriates the sum of fifteen hundred dollars 
($1,500) for each of the two years for the improvement of 
the Province road, so called, in the town of Barnstead. It is 
further provided that, if the town of Barnstead makes the 
appropriation provided for herein and accepts the aid from 
the state under this resolution, said town shall not be entitled 
to apply for or receive state aid for the years 1935 and 1936 
for class II highways in said town under the provisions of 
sections 19, 20 and 21 of chapter 84 of the Public Laws as 
amended by chapter 7 of the Laws of 1931 and section 4, 
chapter 17 of the Laws of 1935, approved March 4, 1935. The 
construction hereby authorized is to begin where the previous 
improvement of said road ended December, 1934, and shall 
continue toward the Gilmanton line. Said sums appropriated 
by the state and by the town shall be expended under the 



1935] Chapters 208, 209 391 

direction of the highway commissioner and the sums appro- 
priated by the state shall be a charge upon the highway funds. 
[Approved May 29, 1935.] 



CHAPTER 208. 

JOINT RESOLUTION PROVIDING FOR THE IMPROVEMENT OF A 
ROAD IN BOSCAWEN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand five hundred dollars 
($4,500) for the year 1935 be and hereby is appropriated for 
the improvement of Water street, so called, in the town of 
Boscawen leading from the old Turnpike road to Beaver Dam 
Brook, provided that the town of Boscawen appropriates the 
sum of two thousand dollars ($2,000) for the same year for 
the said purpose. It is further provided that, if the town of 
Boscawen makes the appropriation provided for herein and 
accepts the aid from the state under this resolution, said town 
shall not be entitled to apply for or receive state aid for the 
year 1935 for class II highways in said town under the pro- 
visions of sections 19, 20 and 21 of chapter 84 of the Public 
Laws as amended by chapter 7 of the Laws of 1931 and section 
4, chapter 17 of the Laws of 1935, approved March 4, 1935. 
The sums appropriated by the state and by the town shall be 
expended under the direction of the highway commissioner 
and the sum appropriated by the state shall be a charge upon 
the highway funds. 

[Approved May 29, 1935.] 



CHAPTER 209. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN 

CHESTER. 

Resolved by the Senate and Hou^e of Representatives in 
General Court convened: 

That the sum of four thousand dollars ($4,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the continuation of the state-aid road from 
Chester to Sandown, provided that the town of Chester ap- 
propriates for the same purpose the sum of two thousand 



392 Chapter 210 [1935 

dollars ($2,000) for each of the said two years. It is further 
provided that, if the town of Chester makes the appropriation 
provided for herein and accepts the aid from the state under 
this resolution, said town shall not be entitled to apply for or 
receive state aid for the years 1935 and 1936 for class II high- 
ways in said town under the provisions of sections 19, 20 and 
21 of chapter 84 of the Public Laws as amended by chapter 7 
of the Laws of 1931 and section 4, chapter 17 of the Laws of 
1935, approved March 4, 1935. The 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 highway funds. 
[Approved May 29, 1935.] 



CHAPTER 210. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE ROAD LEAD- 
ING FROM BUTLER'S CORNER, ON DEERFIELD SOUTH ROAD 
TO LADD'S CORNER ON THE RAYMOND ROAD, IN THE 
TOWN OF DEERFIELD. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three thousand dollars ($3,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of the road leading from 
Butler's Corner on Deerfield South road to Ladd's Corner on 
the Raymond road, in the town of Deerfield, provided that 
the town of Deerfield appropriates one thousand dollars 
($1,000) for each of the two years for the same purpose. It 
is further provided that, if the town of Deerfield makes the 
appropriation provided for herein and accepts the aid from 
the state under this resolution, said town shall not be entitled 
to apply for or receive state aid for the years 1935 and 1936 
for class II highways in said town under the provisions of 
sections 19, 20 and 21 of chapter 84 of the Public Laws as 
amended by chapter 7 of the Laws of 1931 and section 4, chap- 
ter 17 of the Laws of 1935, approved March 4, 1935. Said 
sums appropriated by the state and by the town shall be ex- 
pended under the direction of the highway commissioner, and 
the sums appropriated by the state shall be a charge upon the 
highway funds. 

[Approved May 29, 1935.] 



1935] Chapters 211, 212 393 

CHAPTER 211. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN 

DUMMER. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of twenty-five hundred dollars ($2,500) for 
the year 1935 and a like sum for the year 1936 be and hereby 
are appropriated for the improvement of the River road, so 
called, in the town of Dummer, provided that the town of 
Dummer appropriates the sum of fifteen hundred dollars 
($1,500) for the purpose for each of the said two years. It 
is further provided that, if the town of Dummer makes the 
appropriation provided for herein and accepts the aid from 
the state under this resolution, said town shall not be entitled 
to apply for or receive state aid for the years 1935 and 1936 
for class II highways in said town under the provisions of 
sections 19, 20 and 21 of chapter 84 of the Public Laws as 
amended by chapter 7 of the Laws of 1931 and section 4, 
chapter 17 of the Laws of 1935, approved March 4, 1935. The 
sums appropriated by the state and by the town shall be ex- 
pended under the direction of the highway commissioner and 
the sums appropriated by the state shall be a charge upon the 
highway funds. 

[Approved May 29, 1935.] 



CHAPTER 212. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE WEARE ROAD, 
SO CALLED, IN THE TOWN OF DUNBARTON. 

Resolved by the Senate and Hoiise of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) for the year 
1935 and a like sum for the year 1936 be and hereby are ap- 
propriated, provided that the town of Dunbarton appropriates 
the sum of one thousand dollars ($1,000) for each of the two 
years, for the improvement of the Weare road, so called, in 
the town of Dunbarton. It is further provided that, if the 
town of Dunbarton makes the appropriation provided for 
herein and accepts the aid from the state under this resolu- 
tion, said town shall not be entitled to apply for or receive 
state aid for the years 1935 and 1936 for class II highways 



394 Chapters 213, 214 [1935 

in said town under the provisions of sections 19, 20 and 21 of 
chapter 84 of the Public Laws as amended by chapter 7 of 
the Laws of 1931 and section 4, chapter 17 of the Laws 
of 1935, approved March 4, 1935. Said sums appropriated by 
the state and by the town shall be expended under the direc- 
tion of the highway commissioner, and the sums appropriated 
by the state shall be a charge upon the highway funds. 
[Approved May 29, 1935.] 



CHAPTER 213. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN THE 
TOWN OF FRANCESTOWN. 

Resolved hy the Senate and House of Representatives in 
General Court convened: 

That the sum of three thousand five hundred dollars 
($3,500) for the year 1935 and a like sum for the year 1936 
be and hereby are appropriated for the completion of North 
New Boston road in the town of Francestown, provided that 
the town of Francestown appropriates the sum of one thou- 
sand seven hundred fifty dollars ($1,750) for each of the 
said two years for the same purpose. It is further provided 
that, if the town of Francestown makes the appropriation 
provided for herein and accepts the aid from the state under 
this resolution, said town shall not be entitled to apply for or 
receive state aid for the said two years for class II highways 
in said town under the provisions of sections 19, 20 and 21 
of chapter 84 of the Public Laws as amended by chapter 7 
of the Laws of 1931 and section 4, chapter 17 of the Laws of 
1935, approved March 4, 1935. The sums appropriated by 
the state and by the town shall be expended under the direc- 
tion of the highway commissioner, and the sums appropriated 
by the state shall be a charge upon the highway funds. 

[Approved May 29, 1935.] 



CHAPTER 214. 

JOINT RESOLUTION FOR THE COMPLETION OF THE ROAD LEADING 

FROM MILTON TO FARMINGTON, KNOWN 

AS THE FARMINGTON ROAD. 

Resolved hy the Senate and House of Representatives in 

General Court convened: 

That the sum of five thousand dollars ($5,000) for the year 



1935] Chapter 215 395 

1935 and a like sum for the year 1936 be and hereby are ap- 
propriated for the improvement of the road leading from Mil- 
ton to the Farmington town line, provided that the town of 
Milton appropriates two thousand five hundred dollars ($2,500) 
for each of the two years for the same purpose. It is further 
provided that, if the town of Milton makes the appropriation 
provided for herein and accepts the aid from the state under 
this resolution, said town shall not be entitled to apply for 
or receive state aid for the years 1935 and 1936 for class II 
highways in said town under the provisions of sections 19, 
20 and 21 of chapter 84 of the Public Laws as amended by 
chapter 7 of the Laws of 1931 and section 4, chapter 17 of the 
Laws of 1935, approved March 4, 1935. Said sums appro- 
priated by the state and by the town shall be expended under 
the direction of the highway commissioner, and the sums ap- 
propriated by the state shall be a charge upon the highway 
funds. 

[Approved May 29, 1935.] 



CHAPTER 215. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN 

MADBURY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of one thousand dollars ($1,000) for the year 
1935 and a like sum for the year 1936 be and hereby are ap- 
propriated for the improvement of the road leading from Dur- 
ham to Harrington in the town of Madbury, provided the town 
of Madbury appropriates the sum of five hundred dollars 
($500) for each of the said two years for the same purpose. 
It is further provided that, if the town of Madbury makes 
the appropriation provided for herein and accepts the aid 
from the state under this resolution, said town shall not be 
entitled to apply for or receive state aid for the said two 
years for class II highways in said town under the provisions 
of sections 19, 20 and 21 of chapter 84 of the Public Laws as 
amended by chapter 7 of the Laws of 1931 and section 4, 
chapter 17 of the Laws of 1935, approved March 4, 1935. The 
sums appropriated by the state and by the town shall be ex- 
pended under the direction of the highway commissioner, 



396 Chapters 216, 217 [1935 

and the sums appropriated by the state shall be a charge upon 
the highway funds. 

[Approved May 29, 1935.] 



CHAPTER 216. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE MAIN OR 

STAGE ROAD, SO CALLED, FROM NORTHWOOD LINE TO 

LEE LINE IN THE TOWN OF NOTTINGHAM. 

Resolved by the Senate and House of Representatives in 
Gene7'al Court convened: 

That the sum of forty-five hundred dollars ($4,500) for 
the year 1935 and a like sum for the year 1936 be and hereby 
are appropriated on condition that the town of Nottingham 
appropriates fifteen hundred dollars ($1,500) for each of the 
two years for the improvement of the main or Stage road, so 
called, leading from Northwood to Lee and Newmarket in the 
town of Nottingham, provided that, if the town of Notting- 
ham makes the appropriation provided for herein and accepts 
the aid from the state under this resolution, said town shall 
not be entitled to apply for or receive state aid under the 
provisions of section 21, chapter 84 of the Public Laws, as 
amended by chapter 7 of the Laws of 1931, and section 4, 
chapter 17, Laws of 1935, for the years 1935 and 1936. Said 
sums appropriated by the state and town shall be expended 
under the direction of the highway commissioner and the sums 
appropriated by the state shall be a charge upon the highway 
funds. 

[Approved May 29, 1935.] 



CHAPTER 217. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE WATER VIL- 
LAGE ROAD IN THE TOWN OF OSSIPEE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) for the year 
1935 and a like sum for the year 1936 be and hereby are ap- 
propriated for the completion of the Water Village road, so 
called, from Ossipee Corner to the Tuftonboro line in the town 
of Ossipee, provided that the town of Ossipee appropriates the 



1935] Chapter 218 397 

sum of one thousand dollars ($1,000) for each of the two years 
for the same purpose. It is further provided that, if the town 
of Ossipee makes the appropriation provided for herein and 
accepts the aid from the state under this resolution, said 
town shall not be entitled to apply for or receive state aid for 
the years 1935 and 1936 for class II highways in said town 
under the provisions of sections 19, 20 and 21 of chapter 84 
of the Public Laws as amended by chapter 7 of the Laws of 
1931 and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. Said sums appropriated by the state and by 
the town shall be expended under the direction of the high- 
way commissioner and the sums appropriated by the state 
shall be a charge upon the highway funds, 
[Approved May 29, 1935.] 



CHAPTER 218. 

JOINT RESOLUTION FOR THE COMPLETION OF A ROAD IN PETER- 
BOROUGH. 

Resolved hy the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand dollars ($4,000) for the 
year 1935 be and hereby is appropriated for the completion of 
the road leading from Wilson Corner to the Sharon town line, 
in the town of Peterborough, provided that the town of Peter- 
borough appropriates four thousand dollars ($4,000) for the 
same year for the same purpose. It is further provided that, 
if the town of Peterborough makes the appropriation provided 
for herein and accepts the aid from the state under this res- 
olution, said town shall not be entitled to apply for or receive 
state aid for the year 1935 for class II highways in said town 
under the provisions of sections 19, 20 and 21 of chapter 84 
of the Public Laws as amended by chapter 7 of the Laws of 
1931 and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. Said sums appropriated by the state and 
town shall be expended under the direction of the highway 
commissioner, and the sum appropriated by the state shall 
be a charge upon the highway funds. 

[Approved May 29, 1935.] 



398 Chapters 219, 220 [1935 

CHAPTER 219. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE SALMON 
FALLS ROAD, SO CALLED, IN THE CITY OF ROCHESTER. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of six thousand dollars ($6,000) for the year 
1936 be and hereby is appropriated for the improvement of 
the Salmon Falls road, so called, in the city of Rochester, from 
the point where said road intersects route 16 to the Berwick 
line at Eddy Bridge connecting with route 103 at said bridge, 
provided that the city of Rochester appropriates the sum of 
six thousand dollars ($6,000) for said year for the same pur- 
pose. It is further provided that, if the city of Rochester 
makes the appropriation provided for herein and accepts the 
aid from the state under this resolution, said city shall not 
be entitled to apply for or receive state aid for the year 1936 
for class II highways in said city under the provisions of sec- 
tions 19, 20 and 21 of chapter 84 of the Public Laws as 
amended by chapter 7 of the Laws of 1931 and section 4, chap- 
ter 17 of the Laws of 1935, approved March 4, 1935. The 
sums appropriated by the state and by the city shall be ex- 
pended under the direction of the highway commissioner, and 
the sum appropriated by the state shall be a charge upon the 
highway funds. 

[Approved May 29, 1935.] 



CHAPTER 220. 

JOINT RESOLUTION FOR THE COMPLETION OF THE ROAD FROM 
SUNAPEE TO NEWBURY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five thousand dollars ($5,000) for the year 
1935 and a like sum for the year 1936 be and hereby are ap- 
propriated for the completion of the road from Sunapee to 
Newbury, provided that the town of Sunapee appropriates the 
sum of two thousand dollars ($2,000) for each of the said two 
years, for the same purpose. It is further provided that, if 
the town of Sunapee makes the appropriation provided for 
herein and accepts the aid from the state under this resolu- 
tion, said town shall not be entitled to apply for or receive 



1935] Chapters 221, 222 399 

state aid for the years 1935 and 1936 for class II highways in 
said town under the provisions of sections 19, 20 and 21 of 
chapter 84 of the Public Laws as amended by chapter 7 of the 
Laws of 1931 and section 4, chapter 17 of the Laws of 1935, 
approved March 4, 1935. The 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 highway funds. 
[Approved May 29, 1935.] 



CHAPTER 221. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN 

TAMWORTH. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) for the year 
1935 and a like sum for the year 1936, be and hereby are ap- 
propriated for the improvement of the road leading from 
Chocorua Village to Silver Lake, in the town of Tamworth, 
provided the town of Tamworth appropriates the sum of one 
thousand dollars ($1,000) for the said two years for the same 
purpose. It is further provided that, if the town of Tam- 
worth makes the appropriation provided for herein and ac- 
cepts the aid from the state under this resolution, said town 
shall not be entitled to apply for or receive state aid for the 
years 1935 and 1936 for class II highways in said town under 
the provisions of sections 19, 20 and 21 of chapter 84 of the 
Public Laws as amended by chapter 7 of the Laws of 1931 
and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. The sums appropriated by the state and by 
the town shall be expended under the direction of the high- 
way commissioner, and the sums appropriated by the state 
shall be a charge upon the highway funds. 

[Approved May 29, 1935.] 



CHAPTER 222. 

JOINT RESOLUTION FOR THE COMPLETION OF A ROAD IN UNITY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of fifteen hundred dollars ($1,500) for the 



400 Chapter 223 [1935 

year 1935 be and hereby is appropriated for the completion 
of the state aid road in the town of Unity to the Lempster 
town line on the Newport and Lempster Stage route, so called. 
Said sum shall be expended under the direction of the high- 
way commissioner and shall be a charge upon the highway 
funds. 

[Approved May 29, 1935.] 



CHAPTER 223. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN THE 
TOWN OF WALPOLE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three thousand dollars ($3,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of a section of the road in 
the town of Walpole, leading from the main road in the vil- 
lage of Walpole, through Christian Hollow, so called, to the 
Walpole-Surry town line, the same being the Hill road, so 
called, from Walpole to Keene ; provided that the town of Wal- 
pole appropriates a like sum each year for said purpose. It 
is further provided that, if the town of Walpole makes the 
appropriation provided for herein and accepts the aid from 
the state under this resolution, said town shall not be entitled 
to apply for or receive state aid for the years 1935 and 1936 
for class H highways in said town under the provisions of 
sections 19, 20 and 21 of chapter 84 of the Public Laws as 
amended by chapter 7 of the Laws of 1931 and section 4, 
chapter 17 of the Laws of 1935, approved March 4, 1935. 
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 highway funds. 

[Approved May 29, 1935.] 



1935] Chapters 224, 225 401 

CHAPTER 224. 

JOINT RESOLUTION TO PROMOTE AGRICULTURAL FAIRS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three thousand dollars ($3,000) for "the 
year 1935 and a like sum for the year 1936 be and the same 
are hereby appropriated for the promotion and encourage- 
ment of New Hampshire agricultural fairs, held within the 
state and an exhibit at the Eastern States Exposition at 
Springfield, Massachusetts, The sums hereby appropriated 
shall be expended under the direction of the commissioner of 
agriculture, provided that the sum expended for an exhibit at 
the Eastern States Exposition shall not exceed ten per cent of 
the sum hereby appropriated and further provided that no part 
of the appropriation made hereunder shall be expended for 
any agricultural fair where the total of premiums for agri- 
cultural exhibits is less than one hundred dollars. The gov- 
ernor with the advice and consent of the council is authorized 
to draw his warrant for this appropriation out of any money 
in the treasury not otherwise appropriated. 

[Approved May 29, 1935.] 



CHAPTER 225. 

JOINT RESOLUTION ESTABLISHING A COMMISSION FOR THE STUDY 
OF OCCUPATIONAL DISEASES IN NEW HAMPSHIRE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the governor and council forthwith appoint a commis- 
sion of nine persons to study occupational diseases in this 
state. The membership of the commission shall include three 
physicians, three representatives of labor and three repre- 
sentatives of industry in this state. Its investigation shall 
include a study of the types, frequency and causes of such 
diseases in this state, the severity and length of the disability 
occasioned thereby, methods of prevention and the adequacy 
of our compensation laws in such cases. The commission shall 
serve without pay and expenses and shall report its findings 
and recommendations to the next legislature. 

[Approved May 31, 1935.] 



402 Chapters 226, 227 [1935 

CHAPTER 226. 

JOINT RESOLUTION FOR THE COMPLETION OF THE POWWOW ROAD 
IN THE TOWN OF KINGSTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of forty-five hundred dollars ($4,500) be and 
the same is hereby appropriated for the year 1935, provided 
that the town of Kingston appropriates the sum of fifteen 
hundred dollars ($1,500) for the completion of the state-aided 
road in the town of Kingston known as the Powwow road. It 
is further provided that, if the town of Kingston makes the 
appropriation provided for herein and accepts the aid from the 
state under this resolution, said town shall not be entitled 
to apply for or receive state aid for the year 1935 for class II 
highways in said town under the provisions of sections 19, 
20 and 21 of chapter 84 of the Public Laws as amended by 
chapter 7 of the Laws of 1931 and section 4, chapter 17 of the 
Laws of 1935, approved March 4, 1935. Said sums appro- 
priated by the state and by the town shall be expended under 
the direction of the highway commissioner and the sum ap- 
propriated by the state shall be a charge upon the highway 
funds. 

[Approved June 4, 1935.] 



CHAPTER 227. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE OLD MAST 
ROAD IN THE TOWN OF LEE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three thousand dollars ($3,000) for the 
year 1935 and a like sum for the year 1936 be and hereby 
are appropriated for the improvement of the Old Mast road, 
so called, in the town of Lee from the Lee town house to the 
Durham line, provided that the town of Lee appropriates the 
sum of one thousand dollars ($1,000) for the same purpose 
for each of the said two years. It is further provided that, 
if the town of Lee makes the appropriation provided for herein 
and accepts the aid from the state under this resolution, said 
town shall not be entitled to apply for or receive state aid for 
the years 1935 and 1936 for class II highways in said town 



1935] Chapters 228, 229 403 

under the provisions of sections 19, 20 and 21 of chapter 84 
of the Public Laws as amended by chapter 7 of the Laws of 
1931 and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. The sums appropriated by the state and by 
the town shall be expended under the direction of the high- 
way commissioner and the sum appropriated by the state shall 
be a charge upon the highway funds. 
[Approved June 4, 1935.] 



CHAPTER 228. 

JOINT RESOLUTION IN FAVOR OF A BREAKWATER IN THE TOWN OF 
NORTH HAMPTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of twenty-five thousand dollars ($25,000) be 
and hereby is appropriated for the construction of a break- 
water to improve and protect the Ocean Boulevard in the town 
of North Hampton commencing at the Little Boar's Head fish 
houses, so called, and running southerly to the bath houses, 
so called, approximately eleven hundred feet, and for the pay- 
ment of any expense of eminent domain proceedings as here- 
inafter provided. Said appropriation shall be expended under 
the direction of the highway commissioner subject to the 
approval of the governor and council. So far as is consistent 
with economy and efficiency the machinery, labor and material 
in the town of North Hampton shall be used. The governor 
and council may institute proceedings for the taking by em- 
inent domain of the land between the Ocean Boulevard and 
the ocean from said fish houses to said bath houses, for the 
purpose of perfecting the title of the state to such property. 
Said appropriation shall be a charge upon the highway funds. 

[Approved June 4, 1935.] 



CHAPTER 229. 

JOINT RESOLUTION IN FAVOR OF THE STATE HOUSE DEPARTMENT. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of seven thousand dollars ($7,000) be and 
hereby is appropriated for the state house department to 
provide for a deficiency in the appropriation. This appropri- 



404 Chapters 230, 231 [1935 

ation shall be for the period ending June 30, 1935, and the 
governor by and with the advice and consent of the council 
is authorized to draw his warrant for said sum out of any 
money in the treasury not otherwise appropriated. 
[Approved June 4, 1935.] 



CHAPTER 230. 

JOINT RESOLUTION TO PROVIDE FOR CO-OPERATION WITH THE 

UNITED STATES GEOLOGICAL SURVEY IN THE ESTABLISHMENT 

AND MAINTENANCE OF STREAM FLOW GAUGING STATIONS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three thousand seven hundred and fifty 
dollars for the year ending June 30, 1936 and a like sum for 
the year ending June 30, 1937, be and hereby are appropriated 
to be used and expended under the direction of the state plan- 
ning and development commission for the purpose of co- 
operating with the United States Geological Survey in the 
establishment and maintenance of stream flow gauging sta- 
tions on streams in this state for the purpose of providing 
the people of this state with information that will further 
industrial development. The sum of twenty-seven hundred 
and fifty dollars shall be a charge upon the highway funds, 
and the governor is authorized to draw his warrant for one 
thousand dollars out of any money in the treasury not other- 
wise appropriated, for each of the two years. 

[Approved June 4, 1935.] 



CHAPTER 231. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE BROWNFIELD 
ROAD IN THE TOWN OF EATON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of twenty-one hundred dollars ($2,100) for 
the year 1935 and the same sum for the year 1936 be and 
hereby are appropriated for the improvement of the Brown- 
field road in the town of Eaton, leading from Eaton to Brown- 
field, Maine, provided that the town of Eaton appropriates 
the sum of seven hundred dollars ($700) for each of the said 
years for the same purpose. It is further provided that, if 



1935] Chapter 232 405 

the town of Eaton makes the appropriation provided for here- 
in and accepts the aid from the state under this resolution, 
said town shall not be entitled to apply for or receive state 
aid for the years 1935 and 1936 for class II highways in said 
town under the provisions of sections 19, 20 and 21 of chapter 
84 of the Public Laws as amended by chapter 7 of the Laws 
of 1931 and section 4, chapter 17 of the Laws of 1935, ap- 
proved March 4, 1935. The sums appropriated by the state 
and the town shall be expended under the direction of the 
highway commissioner and the sum appropriated by the state 
shall be a charge upon the highway funds. 
[Approved June 7, 1935.] 



CHAPTER 232. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A CERTAIN ROAD 

IN GILFORD. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of sixteen thousand five hundred dollars 
($16,500) be and hereby is appropriated for the purchase of 
materials and equipment for the purpose of widening and 
improving a certain road in the town of Gilford known as 
the Mountain road, which is a continuation of the state road 
from the city of Laconia through Gilford Village to the Win- 
nipesaukee Shore road; provided that the federal government 
makes a grant for the development of a ski jump on said 
road and that the construction of said road shall be made by 
labor provided by federal funds; also provided that the town 
of Gilford appropriates eight thousand five hundred dollars 
($8,500) for the purchase of materials and equipment for 
said purpose of widening and improving the Mountain road, 
so called. It is further provided that, if the town of Gilford 
makes the appropriation provided for herein and accepts the 
aid from the state under this resolution, said town shall not 
be entitled to apply for or receive state aid for the year 1935 
for class II highways in said town under the provisions of 
sections 19, 20 and 21 of chapter 84 of the Public Laws as 
amended by chapter 7 of the Laws of 1931 and section 4, chap- 
ter 17 of the Laws of 1935, approved March 4, 1935. The 
sums appropriated shall be expended under the direction of 



406 Chapters 233, 234 [1935 

the highway commissioner and the sum appropriated by the 
state shall be a charge upon the highway funds. 
[Approved June 7, 1935.] 



CHAPTER 233. 

JOINT RESOLUTION FOR THE COMPLETION OF THE HARRINGTON 
DEPOT ROAD IN THE TOWN OF HARRINGTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand five hundred dollars 
($2,500) for the year 1935 be and hereby is appropriated for 
the completion of the Barrington Depot road, from Barring- 
ton Depot to Rochester, provided that the town of Barrington 
appropriates the sum of one thousand two hundred fifty dol- 
lars ($1,250) for the said year and the same purpose. It is 
further provided that, if the town of Barrington makes the 
appropriation provided for herein and accepts the aid from 
the state under this resolution, said town shall not be entitled 
to apply for or receive state aid for the year 1935 for class II 
highways in said town under the provisions of sections 19, 20 
and 21 of chapter 84 of the Public Laws as amended by chapter 
7 of the Laws of 1931 and section 4, chapter 17 of the Laws 
of 1935, approved March 4, 1935. The sums appropriated 
by the state and the town shall be expended under the direc- 
tion of the highway commissioner and the sum appropriated 
by the state shall be a charge upon the highway funds. 

[Approved June 18, 1935.] 



CHAPTER 234. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE BRADLEY 
HILL ROAD, SO CALLED, IN THE TOWNS OF BATH AND HAVERHILL. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That for the year 1935 the sum of six thousand dollars 
($6,000) be and hereby is appropriated for the improvement 
of the Bradley Hill road, so called, in the towns of Bath and 
Haverhill making a connecting link between route 112 to the 
Benton road. The sum appropriated shall be expended under 
the direction of the highway commissioner and shall be a 
charge upon the highway funds. 

[Approved June 18, 1935.] 



1935] Chapter 235 407 

CHAPTER 235. 

JOINT RESOLUTION IN FAVOR OF NEWELL RAY BLODGETT OF 
NEWBURY, N. H., AND OTHERS. 

Whereas it appears that Mary F. Peasley late of Clare- 
mont, in the county of Sullivan and state of New Hampshire, 
deceased, left at the time of her death the sum of five hundred 
and seventy-two dollars and eighty-nine cents ($572.89) to 
one George Henry Jones, whose place of residence was at the 
time of the settlement of the estate of the late Mary F. Peasley 
aforesaid unknown ; and said sum of five hundred and seventy- 
two dollars and eighty-nine cents ($572.89) was deposited 
with the treasurer of the state of New Hampshire, under 
chapter 307 of the Public Laws, sections 8 and 9, by order 
of the judge of probate for the county of Sullivan aforesaid, 
dated May 27, 1931 ; and 

Whereas it now appears that the said George Henry Jones 
has not been heard from for more than seven years; and it 
further appears that one George Henry Jones, believed to be 
the same, died at Lowell, in the commonwealth of Massachu- 
setts, sometime since, and they are believed to be one and the 
same person ; and 

Whereas it further appears that there are three heirs-at- 
law of the said George Henry Jones, namely: Newell Ray 
Blodgett of Newbury, in the county of Merrimack and state 
of New Hampshire, the same being the son of Cora R. Blod- 
gett, deceased, said Cora R. Blodgett being a sister of the 
late George Henry Jones; and also Leslie M. Perkins of New 
London, in the state of Connecticut, and Erwin W. Perkins 
of Concord in the county of Merrimack and state of New 
Hampshire, the said Leslie M. Perkins and Erwin W. Perkins 
being sons of Myra A, Perkins, sister of the said George Hen- 
ry Jones; 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the judge of probate for the county of Sullivan and 
state of New Hampshire is hereby authorized to conduct a 
hearing or hearings, at which the aforesaid Newell Ray Blod- 
gett, Leslie M. Perkins and Erwin W. Perkins may appear 
and present proof that they are the heirs aforesaid; and if 
such claim shall be established, the treasurer of the state of 
New Hampshire shall be ordered by the judge of probate for 



408 Chapters 236, 237, 238 [1935 

the county of Sullivan aforesaid to pay said sum to the order 
of the judge of probate for the county of Sullivan, as provided 
by section 11, of chapter 307 of the Public Laws aforesaid, 
taking a receipt for the same. 

The secretary of state is hereby authorized to send a copy 
of this resolution to the judge of probate for the county of 
Sullivan aforesaid, v^^ho shall act upon the same forthM^ith. 

[Approved June 18, 1935.] 



CHAPTER 236. 

JOINT RESOLUTION IN FAVOR OF PAUL DUMONT OF STRATFORD, 

COUNTY OF COOS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three hundred fifty dollars and five cents 
($350.05) be allowed and paid to Paul Dumont of Stratford, 
in the county of Coos, in said state for compensation, hospi- 
tal and doctor bills, arising from injuries sustained by him 
while working on the state highway in the town of Stratford 
on or about the fourteenth day of June, 1933; and said sum 
shall be a charge upon the highway funds. 

[Approved June 18, 1935.] 



CHAPTER 237. 

JOINT RESOLUTION IN FAVOR OF MRS. MORRIS M. FREEMAN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer be directed to pay to Mrs. Morris 
M. Freeman, widow of the late Morris M. Freeman, the bal- 
ance of salary due said decedent as a member of the house of 
representatives. 

[Approved June 18, 1935.] 



CHAPTER 238. 

JOINT RESOLUTION IN FAVOR OF JOSEPH LETTRE OF LACONIA. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two hundred two dollars and forty-three 
cents ($202.43) be allowed the Laconia Hospital for care and 



1935] Chapters 239, 240 409 

treatment, the sum of one hundred and fifty dollars ($150) 
be allowed Dr. A. Normandin for treatment, and the sum of 
two hundred dollars ($200) be paid to Joseph Lettre of La- 
conia for loss of income due to injury incurred by him Sep- 
tember 24, 1934, while working on the state road in the city 
of Laconia. Said sums appropriated shall be a charge upon 
the highway funds. 

[Approved June 18, 1935.] 



CHAPTER 239. 

JOINT RESOLUTION IN FAVOR OF THE ESTATE OF EDWARD 

NORCROSS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of one thousand thirty-five dollars and forty- 
two cents ($1,035.42) be and hereby is allowed to an admin- 
istrator of the estate of Edward Norcross, late of Conway, 
duly qualified to receive the same. The balance of the sum 
which was turned into the state treasury as an escheated es- 
tate has been retained as the inheritance tax upon the above 
estate. The governor, with the advice and consent of the 
council, is authorized to draw his warrant for said sum out 
of any money in the treasury not otherwise appropriated. 

[Approved June 18, 1935.] 



CHAPTER 240. 

JOINT RESOLUTION IN FAVOR OF GEORGIANA NUGENT. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) be allowed 
and paid to Georgiana Nugent for her care and support and 
that of her minor children. This appropriation is in full 
payment for the death of George Nugent, who died October 
25, 1934, as a result of an accident which occurred on a state 
aid highway in the town of Dalton. Said sum shall be a 
charge upon the highway fund. 

[Approved June 19, 1935.] 



410 Chapter 241 [1935 

CHAPTER 241. 

JOINT RESOLUTION TO REIMBURSE THE TOWN OF HANOVER FOR 

PART OF ITS NET EXPENSE IN REPLACING THE LEDYARD 

BRIDGE ACROSS THE CONNECTICUT RIVER. 

Whereas, the town of Hanover, with the approval of the 
state highway commissioner and the co-operation of the Ver- 
mont authorities and the federal emergency administration 
of public works, has undertaken the necessary construction 
of a new bridge across the Connecticut river to replace the 
old Ledyard bridge, and the net cost of the New Hampshire 
portion thereof, after deducting the sum to be contributed by 
the United States under a certain grant agreement, will be 
at least $85,000 ; and 

Whereas, it is equitable that the state bear one half of 
such net cost, but only $20,000 thereof is payable by the state 
under existing law, and said town has financed the balance by 
issuing $65,000 of municipal bonds designated "Ledyard Free 
Bridge Bonds;" and 

Whereas, said bonds mature serially on December 1, 
$4,000 in each of the years 1935 to 1939 inclusive and $3,000 
in each of the years 1940 to 1954 inclusive, but the holders 
of at least $10,000 thereof are willing to surrender the same 
for redemption during the current year; now therefore 
Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of ten thousand dollars ($10,000) be and 
hereby is appropriated to reimburse the town of Hanover 
to that extent for its expense in constructing said new bridge, 
such sum to be in addition to the state's share of the con- 
struction cost under existing law, to be a charge upon the 
highway funds, and to be used for the redemption and re- 
tirement of "Ledyard Free Bridge Bonds." Said sum shall 
be payable on or before December 1, 1935, to the town treas- 
urer or directly to surrendering bondholders, as the governor 
and council may determine, but only upon condition that the 
town first conclude arrangements satisfactory to the governor 
and council for the concurrent redemption and retirement 
therewith of not less than ten thousand dollars ($10,000) 
par value of said bonds, exclusive of those of 1935 maturity; 
and the bonds so redeemed shall, so far as it is practicable 
to arrange therefor with the bondholders, be of such matu- 



1935] Chapters 242, 243 411 

rities that the reduction in the amounts of outstanding bonds 
will not be greater for the earlier than for the later maturity 
years. 

[Approved June 19, 1935.] 



CHAPTER 242. 

JOINT RESOLUTION IN FAVOR OF THE STATE TREASURER'S DEPART- 
MENT, comptroller's DEPARTMENT, LEGISLATIVE 
EXPENSE AND STATE BOARD OF HEALTH. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of forty-three thousand eight hundred and 
two dollars ($43,802) be and hereby is appropriated to meet 
deficits in legislative appropriations for the year ending June 
30, 1935, as follows : Treasury department, personal services 
and current expenses, $4,128; for bounties, $1,829; comp- 
troller's department, $1,500; for the legislature, $35,000; for 
the state board of health, $1,345. 

[Approved June 19, 1935.] 



CHAPTER 243. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN 

ROLLINSFORD. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of one thousand seven hundred dollars 
($1,700) be and hereby is appropriated for the year 1935 
for the improvement of the Roberts road, so called, in the 
town of Rollinsford from Roberts Grange Hall to Rollinsford 
Five Corners provided that the town of Rollinsford appro- 
priates the sum of nine hundred dollars ($900) for said year 
for the same purpose. It is further provided that, if the 
town of Rollinsford makes the appropriation provided for 
herein and accepts the aid from the state under this resolu- 
tion, said town shall not be entitled to apply for or receive 
state aid for the year 1935 for class II highways in said town 
under the provisions of sections 19, 20 and 21 of chapter 84 
of the Public Laws as amended by chapter 7 of the Laws of 
1931 and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. The sums appropriated by the state and by 



412 Chapter 244 [1935 

the town shall be expended under the direction of the high- 
way commissioner and the sum appropriated by the state 
shall be a charge upon the highway funds. 
[Approved June 19, 1935.] 



CHAPTER 244. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A CERTAIN ROAD 

IN ALTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand dollars ($4,000) be and 
hereby is appropriated for the purchase of materials and 
equipment for the purpose of widening and improving a 
certain road in the town of Alton known as the Gilford road, 
which is a continuation of the state road from the city of 
Laconia through Gilford Village to the Winnipesaukee Shore 
road ; provided that the federal government makes a grant for 
the development of a ski jump on said road and that the con- 
struction of said road shall be made by labor provided by 
federal funds; also provided that the town of Alton appro- 
priates two thousand dollars ($2,000) for the purchase of 
materials and equipment for said purpose of widening and 
improving the Gilford road, so called. It is further provided 
that, if the town of Alton makes the appropriation provided 
for herein and accepts the aid from the state under this res- 
olution, said town shall not be entitled to apply for or receive 
state aid for the year 1935 for class II highways in said town 
under the provisions of sections 19, 20 and 21 of chapter 84 
of the Public Laws as amended by chapter 7 of the Laws of 
1931 and section 4, chapter 17 of the Laws of 1935, approved 
March 4, 1935. The sums appropriated by the state and by 
the town shall be expended under the direction of the high- 
way commissioner and the sum appropriated by the state shall 
be a charge upon the highway funds. 

[Approved June 20, 1935.] 



1935] Chapters 245, 246 413 

CHAPTER 245. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN 

AUBURN. 
Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of the Hooksett road, so 
called, in the town of Auburn, provided that the town of 
Auburn appropriates the sum of one thousand dollars ($1,000) 
for each of the said years for the same purpose. It is fur- 
ther provided that, if the town of Auburn makes the appro- 
priation provided for herein and accepts the aid from the state 
under this resolution, said town shall not be entitled to apply 
for or receive state aid for the years 1935 and 1936 for class 
II highways in said town under the provisions of sections 
19, 20 and 21 of chapter 84 of the Public Laws as amended by 
chapter 7 of the Laws of 1931 and section 4, chapter 17 of 
the Laws of 1935, approved March 4, 1935. The sums appro- 
priated by the state and by the town shall be expended under 
the direction of the highway commissioner and the sums ap- 
propriated by the state shall be a charge upon the highway 
funds. 

[Approved June 20, 1935.] 



CHAPTER 246. 

JOINT RESOLUTION FOR THE COMPLETION OF A ROAD IN THE 
TOWN OF CHESTERFIELD. 

Resolved by the Senate and House of Representatives in 
General Court convened: 
That the sum of twelve hundred dollars ($1,200) for the 
year 1936 be and hereby is appropriated for the completion 
of the Westmoreland-Spofford road, so called, in the town of 
Chesterfield, provided that the town of Chesterfield appro- 
priates the sum of six hundred dollars ($600) for the same 
year for said purpose. It is further provided that, if the 
town of Chesterfield makes the appropriation provided for 
herein and accepts the aid from the state under this resolution, 
said town shall not be entitled to apply for or receive state 
aid for the year 1936 for class II highways in said town under 
the provisions of sections 19, 20 and 21 of chapter 84 of the 



414 Chapters 247, 248 [1935 

Public Laws as amended by chapter 7 of the Laws of 1931 
and section 4, chapter 17 of the Laws of 1935, approved March 
4, 1935. Said sums appropriated by the state and by the 
town shall be expended under the direction of the highway 
commissioner and the sum appropriated by the state shall 
be a charge upon the highway funds. 
[Approved June 20, 1935.] 



CHAPTER 247. 

JOINT RESOLUTION FOR THE COMPLETION OF A CERTAIN ROAD IN 
THE TOWN OF DUBLIN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) be and 
hereby is appropriated for the year 1935 for the completion 
of the Hancock road, so called, in the town of Dublin, from 
Bond's Corner to the Dublin-Harrisville town line, provided 
that the town of Dublin appropriates the sum of one thou- 
sand dollars ($1,000) for the same year for the same purpose. 
It is further provided that, if the town of Dublin makes the 
appropriation provided for herein and accepts the aid from 
the state under this resolution, said town shall be entitled to 
apply for and receive state aid only in the amount of one 
thousand eight hundred forty-eight dollars ($1,848) for the 
year 1935 for class II highways in said town under the pro- 
visions of sections 19, 20 and 21 of chapter 84 of the Public 
Laws as amended by chapter 7 of the Laws of 1931 and sec- 
tion 4, chapter 17 of the Laws of 1935, approved March 4, 
1935. The sums appropriated by the state and town shall 
be expended under the direction of the highway commissioner 
and the sum appropriated by the state shall be a charge upon 
the highway funds. 

[Approved June 20, 1935.] 



CHAPTER 248. 

.JOINT RESOLUTION FOR THE COMPLETION OF THE UNIMPROVED 

SECTION OF DESIGNATED ROUTE NUMBER 112 

IN THE TOWN OF LANDAFF. 

Resolved by the Senate and House of Representatives in 
General Court convened: 
That the sum of one thousand dollars ($1,000) be and here- 



1935] Chapters 249, 250 415 

by is appropriated for the completion of the unimproved 
section of designated route number 112, in the town of Landaff, 
said route 112 being the main highway between North Wood- 
stock and Bath via Lost River. The sum appropriated by 
the state shall be expended under the direction of the highway 
commissioner and shall be a charge upon the highway funds. 
[Approved June 20, 1935.] 



CHAPTER 249. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF A ROAD IN 

STEWARTSTOWN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three hundred dollars ($300) for the year 
1935 and a like sum for the year 1936 be and hereby are ap- 
propriated for the improvement of the road in the town of 
Stewartstown from Little Diamond pond to the Colebrook 
line, which is a continuation of the road now maintained by 
the state from Big Diamond pond to Little Diamond pond. 
The sums appropriated by the state shall be expended under 
the direction of the highway commissioner and shall be a 
charge upon the highway funds. 

[Approved June 20, 1935.] 



CHAPTER 250. 

JOINT RESOLUTION IN FAVOR OF THE TOWN OF ANTRIM. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of fifty dollars and seventy-three cents 
($50.73) be and hereby is allowed the town of Antrim to re- 
imburse said town for one half the hospital and doctors bills 
paid by it on account of Harry Codman who was injured 
while working on a highway in said Antrim. This sum shall 
be a charge upon the highway funds. 

[Approved June 20, 1935.] 



416 Chapters 251, 252, 253 [1935 

CHAPTER 251. 

JOINT RESOLUTION IN FAVOR OF WILLIAM E. BREWER AND 

OTHERS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the treasurer of the state be and hereby is authorized 
and instructed to pay and deliver to William E. Brewer the 
sum of $302.74; to Ruth P. Hastings, $151.36; to Flora M. 
Pinney, $151.36; to Mary Knight, $151.37; to Lorna Pilot, 
$50.49; to W. Bertram Pilot, $50.49; to G. Winslow Pilot, 
$50.49, a total of $908.30, said money representing the full 
amount of cash delivered to the state treasurer by Flora M. 
Pinney, administratrix of the estate of Mary H. Cross late 
of Sunapee, New Hampshire, deceased, said payment to the 
state treasurer having been made agreeable to the Public 
Laws of New Hampshire relating to the payment into the 
state treasury of funds belonging to a lost heir. 

[Approved June 20, 1935.] 



CHAPTER 252. 

JOINT RESOLUTION IN FAVOR OF MRS. FRED COFFIN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer be directed to pay to Mrs. Fred 
Coffin, widow of the late Fred Coffin of Dover, the balance 
of salary due said decedent as a member of the house of rep- 
resentatives. 

[Approved June 20, 1935.] 



CHAPTER 253. 

JOINT RESOLUTION IN FAVOR OF EUGENE H. COREY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of sixty-two dollars and twenty-five cents 
($62.25) be and hereby is allowed Eugene H. Corey of Lisbon 
for damages sustained by him September 12, 1933, while in 
the performance of his duties on highway work under the 
Emergency Relief Unemployment work, provided that the 



1935] Chapters 254, 255 417 

town of Lisbon appropriates a like sum for the same purpose. 
The sum appropriated by the state shall be a charge upon the 
highway funds. 

[Approved June 20, 1935.] 



CHAPTER 254. 

JOINT RESOLUTION IN FAVOR OF CLARENCE G. HARRINGTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of eight hundred seventy-two dollars and 
twenty cents ($872.20) be and hereby is allowed Clarence G. 
Harrington of Dublin for doctors' and hospital bills due to 
injury received July 18, 1933, while employed on state-aid 
road construction in the town of Dublin and that the same be 
paid as follows: ninety-six dollars and fifty cents ($96.50) 
payable to Peterborough Hospital ; two hundred dollars ($200) 
to Dr. F. C. Sweeney; one hundred twenty-five dollars ($125) 
to Dr. H. G. Lee; two dollars and fifty cents ($2.50) to Dr. 
C. H. Jennings; and four hundred forty-eight dollars and 
twenty cents ($448.20) to Clarence G. Harrington; provided 
that the town of Dublin appropriates like sums for the same 
purposes. The sum appropriated by the state shall be a 
charge upon the highway funds. 

[Approved June 20, 1935.] 



CHAPTER 255. 

JOINT RESOLUTION IN FAVOR OF THE TOWN OF MILAN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of one thousand three hundred and twenty- 
seven dollars and twenty-five cents ($1,327.25) is hereby ap- 
propriated to reimburse the town of Milan for a percentage of 
the amounts paid out by said town for direct poor relief, which 
said amounts were contracted for prior to July 1, 1933, and for 
which said town has received no reimbursement. Said appro- 
priation shall be a charge upon the appropriation made for 
settling the liabilities incurred by the director of poor relief, 
as provided by chapter 1, Laws of 1935. 

[Approved June 20, 1935.] 



418 Chapters 256, 257, 258 [1935 

CHAPTER 256. 

JOINT RESOLUTION FOR THE RECONSTRUCTION OF THE LONG 
ISLAND BRIDGE, SO CALLED, IN THE TOWN OF MOULTONBOROUGH. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of eight thousand dollars ($8,000) be and the 
same is hereby appropriated for the reconstruction of the 
Long Island bridge, so called, in the town of Moultonborough. 
Said sum appropriated by the state shall be expended under 
the direction of the highway commissioner and shall be a 
charge upon the highway funds. 

[Approved June 20, 1935.] 



CHAPTER 257. 

JOINT RESOLUTION IN FAVOR OF WILLIAM F. PICKFORD. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of sixteen dollars and twenty-five cents 
($16.25) be allowed the Peterborough Hospital and the sum 
of thirty- two dollars and forty cents ($32.40) be allowed Wil- 
liam F. Pickford of Dublin for hospital bill and loss of income 
of said Pickford due to injury received July 19, 1933, while 
employed on state-aid road construction in the town of Dublin, 
provided that the town of Dublin appropriates like sums for 
the same purposes. The sums appropriated by the state shall 
be a charge upon the highway funds. 

[Approved June 20, 1935.] 

CHAPTER 258. 

JOINT RESOLUTION IN FAVOR OF ROY G. SAWYER OF THORNTON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of eighty-eight dollars ($88) be and hereby 
is allowed Roy G. Sawyer of Thornton for loss of time and ex- 
penses incurred on account of injuries received while working 
on the Sandwich Notch road in the town of Thornton on April 
25, 1934, provided that the town of Thornton appropriates a 
like sum for the same purpose. The sum appropriated by the 
state shall be a charge upon the highway funds. 

[Approved June 20, 1935.] 



1935] Chapters 259, 260 419 

CHAPTER 259. 

JOINT RESOLUTION IN FAVOR OF HARRY L. WHITNEY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three hundred twenty-two dollars and 
ninety-four cents ($322.94) be and hereby is appropriated as 
follows : Dr. S. G. Davis, Nashua, seventy dollars ($70) , Nash- 
ua Hospital Association, sixteen dollars and seventeen cents 
($16.17), and Harry L. Whitney, two hundred thirty-six dol- 
lars and seventy-six cents ($236.76) to reimburse Harry L. 
Whitney for expenses paid on account of injuries received by 
him while working on the state-aided highway in Brookline, 
June 21, 1934, provided that the town of Brookline appropri- 
ates like sums for the same purposes. The sum appropriated 
by the state shall be a charge upon the highway funds. 

[Approved June 20, 1935.] 



CHAPTER 260. 

JOINT RESOLUTION RELATING TO THE NEW ENGLAND COUNCIL 
ADVERTISING FUND. 

Whereas, the six New England states, through their re- 
spective governors, in a convention called by the recreational 
division of the New England Council, endorsed a plan to more 
adequately advertise the recreational advantages of New Eng- 
land by creating an advertising fund of $150,000, and 

Whereas, this fund was to be raised as follows : $50,000 by 
the New England Council and $100,000 to be assessed to the 
six New England states on the basis of the amount of recrea- 
tional property in each state; said assessment to be deter- 
mined by the research departments of the New England Coun- 
cil, and 

Whereas, the proper assessment against New Hampshire 
is determined to be $17,800, therefore be it 
Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of seventeen thousand eight hundred dollars 
($17,800) is hereby appropriated and shall be paid to the 
treasurer of the New England Council in July, 1935, and a like 
sum is hereby appropriated and shall be paid to the treasurer 
of said council in July, 1936. Said sums shall be for the pur- 
pose of paying the share of this state for the New England 



420 Chapters 261, 262, 263 [1935 

Council advertising fund. The governor is hereby authorized 
to draw his warrant for the sum of ten thousand dollars ($10,- 
000) in July, 1935, and a like sum in July, 1936, out of any 
money in the treasury not otherwise appropriated. The bal- 
ance of the appropriation made hereunder, namely, seven thou- 
sand eight hundred dollars ($7,800) for each of two years, 
shall be a charge upon the appropriation provided for the state 
planning and development commission. 
[Approved June 20, 1935.] 



CHAPTER 261. 

JOINT RESOLUTION MAKING APPROPRIATION FOR THE FISH AND 
GAME DEPARTMENT. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of twenty thousand dollars ($20,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the fish and game department for its general 
purposes. The sums hereby appropriated for said depart- 
ment shall be in addition to the fish and game fund which is 
used for the purposes of the department. The governor is 
authorized to draw his warrant for said sums out of any 
money in the treasury not otherwise appropriated. 

[Approved June 20, 1935.] 



CHAPTER 262. 

JOINT RESOLUTION IN FAVOR OF THE LEGISLATURE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of thirty-three thousand dollars ($33,000) be 
and hereby is appropriated to meet deficits in the legislative 
appropriation for the fiscal year ending June 30, 1935. 

[Approved June 20, 1935.] 



CHAPTER 263. 

JOINT RESOLUTION IN FAVOR OF GUY S. NEAL AND OTHERS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 
That Guy S. Neal, sergeant-at-arms, and Raymond B. Lake- 
man, sergeant-at-arms, be allowed the sum of $666 each ; that 



1935] Chapter 263 421 

James F. Tonery, custodian, be allowed the sum of $584 ; that 
Arthur A. Tilton, Harry S. Yeaton, John P. Metcalf, Lenne C. 
Twombly, William W. Allen, doorkeepers, be allowed the sum 
of $584 each ; that James W. Pridham, warden, be allowed the 
sum of $584; that Charles M. Steele, warden, be allowed the 
sum of $80; that Joseph Naughton, warden, be allowed the 
sum of $28 ; that Oscar Ronn, assistant warden, be allowed the 
sum of $584 ; that Patrick H. O'Neil, Roger G. Booth, Benja- 
min H. Bragg, Martin C. Ryan, John J. Henson, messengers, be 
allowed the sum of $584 each ; that Owen Carroll, messenger, 
be allowed the sum of $128 ; that Daniel J. Cronin, messenger, 
be allowed the sum of $456 ; that Clarence J. R. Hunter, Louis 
E. Gauthier, Henry J. H. Parent, George J. O'Neil, John F. 
Clark, pages, be allowed the sum of $365 each ; that Donald W. 
Marshall, speaker's page, be allowed the sum of $438; that 
Harrie M. Young, Benjamin F. Greer, clerks of the house and 
senate, respectively, be allowed the sum of $400 each; that 
Cyril J. Fretwell and Frank M. Ayer, assistant clerks of the 
house and senate, respectively, be allowed the sum of $400 
each ; that Alice V. Flanders, house stenographer, and Bessie 
A. Callaghan, senate stenographer, be allowed the sum of 
$1,168 each ; that Marion C. Colby, Frances C. Barnard, house 
stenographers, be allowed the sum of $876 each; that Ruth 
Cotton, senate stenographer, be allowed the sum of $876 ; that 
Mabel E. Dooley, judiciary stenographer, be allowed the sum 
of $730; that Helen M. Young, stenographer, be allowed the 
sum of $120; that Marion G. Alexander, legislative advisor, be 
allowed the sum of $400 ; that Chadbourne's Studio be allowed 
the sum of $750 for two pictures; that Paul Blaisdell, gover- 
nor's messenger, be allowed the sum of $325 ; that Rae S. La- 
raba, governor's messenger, be allowed the sum of $300; that 
Daniel Welch, chaplain, be allowed the sum of $584 ; that Rob- 
ert W. Pingree, reading clerk, be allowed the sum of $800 ; that 
Ralph E. Langdell, governor's attorney, be allowed the sum of 
$1,795 ; that Arthur DeMoulpied be allowed the sum of $50 for 
typewriter. 

The governor is hereby authorized to draw his warrant for 
the above sums out of any money in the treasury not otherwise 
appropriated. 

[Approved June 20, 1935.] 



422 Chapter 264 [1935 

CHAPTER 264. 

JOINT RESOLUTION RELATING TO CONSTRUCTION OF ROAD IN THE 
TOWN OF ANTRIM. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That joint resolution* entitled "Joint Resolution for the 
improvement of the main road from Antrim Center to the 
Franklin Pierce highway in the town of Antrim," approved 
May 22, 1935, be amended by adding at the end of said resolu- 
tion the following words : Provided, however, that if the town 
of Antrim, at a meeting called for the purpose, which meeting 
shall have the same authority as an annual meeting so far as 
the number of voters is concerned, shall vote in favor of such 
action by a majority vote, the selectmen and the highway 
commissioner may authorize the completion of the construc- 
tion of the improved road wholly in the year 1935, the select- 
men being hereby authorized to pledge the credit of the town 
for the purpose in a sum not more than four thousand five 
hundred dollars ($4,500), by giving a note upon such terms 
as the selectmen may consider advisable, in which case the 
state shall be obligated to contribute the sum of six thousand 
dollars ($6,000) out of the money hereby authorized to be 
appropriated for the years 1935 and 1936, provided the town 
has appropriated fifteen hundred dollars ($1,500) for the year 
1935. So that said resolution as amended shall read as fol- 
lows : That the sum of three thousand dollars ($3,000) for the 
year 1935 and a like sum for the year 1936 be and hereby are 
appropriated for the improvement of the main road from An- 
trim Center to the Franklin Pierce highway in the town of An- 
trim at the Cunningham Corner, so called, provided that the 
town of Antrim appropriates fifteen hundred ($1,500) for each 
of the two years for the same purpose. It is further provided 
that, if the town of Antrim makes the appropriation provided 
for herein and accepts the aid from the state under this reso- 
lution, said town shall not be entitled to apply for or receive 
state aid for the years 1935 and 1936 under the provisions of 
section 21, chapter 84 of the Public Laws as amended by chap- 
ter 7 of the Laws of 1931, and section 4, chapter 17 of the 
Laws of 1935, approved March 4, 1935. Said sums appropri- 
ated by the state and by the town shall be expended under the 
direction of the highway commissioner and the sums appropri- 



* Chapter 185, ante. 



1935] Chapter 265 423 

ated by the state shall be charged upon the highway funds. 
Provided, however, that if the town of Antrim, at a meeting 
called for the purpose, which meeting shall have the same 
authority as an annual meeting so far as the number of voters 
is concerned, shall vote in favor of such action by a majority 
vote, the selectmen and the highway commissioner may au- 
thorize the completion of the construction of the improved 
road wholly in the year 1935, the selectmen being hereby au- 
thorized to pledge the credit of the town for the purpose in a 
sum not more than four thousand five hundred dollars ($4,500) , 
by giving a note upon such terms as the selectmen may con- 
sider advisable, in which case the state shall be obligated to 
contribute the sum of six thousand dollars ($6,000) out of the 
money hereby authorized to be appropriated for the years 
1935 and 1936, provided the town has appropriated fifteen 
hundred dollars ($1,500) for the year 1935. 
[Approved June 21, 1935.] 



CHAPTER 265. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE ROAD FROM 

U. S. ROUTE 1 AT HAMPTON LINE IN NORTH HAMPTON TO 

GENERAL JOHN SULLIVAN MEMORIAL BRIDGE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of twenty thousand dollars ($20,000) for the 
year 1935 be and hereby is appropriated for the improvement 
of a section of the main or post road, so called, leading from 
United States route number 1 to the General John Sullivan 
Memorial Bridge in the town of North Hampton, provided that 
the town of North Hampton appropriates the sum of five thou- 
sand dollars ($5,000) for the same year for the same purpose. 
If the town of North Hampton makes the appropriation pro- 
vided for herein and accepts aid from the state under this res- 
olution said town shall not be entitled to apply for or receive 
state aid for the year 1935 for class H highways in said town 
under the provisions of sections 19, 20 and 21 of chapter 84 of 
the Public Laws, as amended by chapter 7 of the Laws of 
1931 and section 4 of chapter 17 of the Laws of 1935, approved 
March 4, 1935. The sums appropriated by the state and by 
the town shall be expended under the direction of the highway 



424 Chapters 266, 267 [1935 

commissioner and the sum appropriated by the state shall be 
a charge upon the highway funds. 
[Approved June 21, 1935.] 



CHAPTER 266. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE ROAD LEADING 
FROM HALL'S CROSSING TO THE METHUEN TOWN LINE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of ten thousand dollars ($10,000) for the year 
1935 be and hereby is appropriated for the improvement of 
the road leading from Hall's Crossing to the Methuen town 
line in the town of Salem. The sum appropriated by the state 
shall be expended under the direction of the highway commis- 
sioner and shall be a charge upon the highway funds. 

[Approved June 21, 1935.] 



CHAPTER 267. 

JOINT RESOLUTION FOR THE IMPROVEMENT AND COMPLETION OF 

THE LITTLE POND ROAD LEADING FROM SANDWICH TO THE 

WHITTIER TRUNK LINE ROAD, IN THE TOWN OF SANDWICH. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of twenty-five hundred dollars ($2,500) for 
the year 1935 be and hereby is appropriated for the permanent 
improvement and completion of the Little Pond road leading 
from Sandwich to the Whittier trunk line road in the town of 
Sandwich provided that the town of Sandwich appropriates a 
like sum for the same year for the same purpose. It is fur- 
ther provided that, if the town of Sandwich makes the appro- 
priation provided for herein and accepts the aid from the state 
under this resolution, said town shall not be entitled to apply 
for or receive state aid for the year 1935 for class II highways 
in said town under the provisions of sections 19, 20 and 21 of 
chapter 84 of the Public Laws as amended by chapter 7 of the 
Laws of 1931 and section 4, chapter 17 of the Laws of 1935, 
approved March 4, 1935. Said sums appropriated by the state 
and by the town shall be expended under the direction of the 
highway commissioner and the sum appropriated by the state 
shall be a charge upon the highway funds. 

[Approved June 21, 1935.] 



1935] Chapters 268, 269 425 

CHAPTER 268. 

JOINT RESOLUTION FOR THE COMPLETION OF A ROAD IN THE 
TOWN OF WESTMORELAND. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five thousand dollars ($5,000) for the year 
1936 be and hereby is appropriated for the completion of two 
uncompleted sections of the so-called Chesterfield road in the 
town of Westmoreland provided that the town of Westmore- 
land appropriates the sum of two thousand five hundred dol- 
lars ($2,500) for the same year and for the same purpose. 
It is further provided that, if the town of Westmoreland makes 
the appropriation provided for herein and accepts aid from 
the state under this resolution, said town shall not be entitled 
to apply for or receive state aid for the year 1936 for class 
II highways in said town under the provisions of sections 19, 
20 and 21 of chapter 84 of the Public Laws as amended by 
chapter 7 of the Laws of 1931 and section 4, chapter 17 of the 
Laws of 1935, approved March 4, 1935. The sums appro- 
priated by the state and by the town shall be expended under 
the direction of the highway commissioner and the sum ap- 
propriated by the state shall be a charge upon the highway 
funds. 

[Approved June 21, 1935.] 



CHAPTER 269. 

NAMES CHANGED. 

From January, 1933, to January, 1935, the registers of pro- 
bate returned to the secretary of state the following changes 
of names made by the probate court : 

Rockingham County — Bernard Vincent Jenkaites to Ber- 
nard Vincent Jennings; Elsie Beatrice Fudge to Mary Eliza- 
beth Williams; Eileen Mary Casey to Eileen May Faucher; 
Pearl E. Trafton to Pearl E. Witham; John Donald Welch to 
John Donald Groetz ; Florabel Evans to Florabel Gray ; Walter 
Evans to Robert Gray; Marjory Evans to Marjory Gray; Dor- 
othy L. Evans to Dorothy L. Gray; LeRoy Victor Hubley to 
Dona LeRoy Kimball ; Hazel Jackson to Hazel Atkinson ; Har- 
old William Bjorkland to Harold William Burklund; Helen 
Frances Carroll to Helen Frances Adams; John Hildreth to 



426 Chapter 269 [1935 

John Robert Gilbert; Kathryn Kalinsky to Kathryn Kalens; 
Pauline Frances Kalinsky to Pauline Frances Kalens ; Lulu 
C. Atherton to Hazel Atherton ; Vesta E. Lenchte to Vesta E. 
Jewell ; Alma Jean Robertson to Alma Jean Pendergast ; Carol 
Ann Eraser to Carol Ann O'Hara; Geraldine Adams Loughlin 
to Gerald Adams Johnson; Frederick George Collum to Fred- 
erick George Kreuzer, Jr.; Ruth Leighton to Judith Went- 
worth; Swan Christian Hansen to Dwight Ferguson Crow; 
Frances Rita Bourinot to Rita May McCormick; Janet Dexter 
Barber to Janet Dexter Winchester; Beulah Alice Garside to 
Beulah Alice Kolvig; Donald Stephen Brooks to Donald Ste- 
phen Varnerin; Rodney H. Schakowski to Rodney H. Davis; 
Ada M. Schakowski to Ada M. Davis ; Robert Francis Jarvis to 
Paul Chadbourne Jacobs; Stanislau Andrychowski to Andrew 
Jackson Stacy; Agnes Louise Andrychowski to Agnes Louise 
Stacy; Henry J. Conley to Ronald Paquette; Irene Constance 
Keene to Irene Constance Rand; Ernest Paul to Robert 
Charles Gillett ; Anthony McClellan to Winston Grant Procter ; 
Llewelyn Trevena to John Edward Reed; Frederick George 
Kreuzer, Jr., to Anton J. Johnson, Jr. 

Strafford County — Anna Krinsky to Anna Kinsley; Thelma 
M. Wright to Thelma M. Hill; Robert Parshley to Norman 
Robert Boulet ; Helen Frances Quint to Helen Frances Forbes ; 
Abraham Eber Krinsky to Eber Kinsley; John Harold North 
to John Harold O'Neil; Barbara Lucile Chick to Barbara Lu- 
cile Rainaud; Jesse Robert Grant to Robert Grant Bickford; 
Robert Dupuis to Robert King ; Barbara Louise Grass to Bar- 
bara Louise Roy; Jean B. Rainaud to Jean B. Kelly; Perley 
Albert Clark to Perley Albert Clark Currier; Frances Roy to 
Frances Marie Grondin; Bertha I. Bean to Bertha I. Harris; 
Ronald Currier to Ronald Currier Lane; Louise Joyce Tuttle 
to Louise Joyce Marshall. 

Belknap County — Barrie Elaine Hanson to Barrie Elaine 
Martin; Mary F. Baker to Marie Flour DeLess LaHaise; Jo- 
seph Albert Boisvert to Audry Arthur Smith. 

Changed by adoption: Priscilla Natalie Kimball to Phillis 
Natalie Stockwell ; Dora Etta Bowden to Dora Etta Whitten ; 
Delora Lacroix to Mary Delora Goyner ; Robert Ervin Velmont 
to Robert Ervin Levoy; William Lacroix to Dolmar Elliott 
Whitten; Elizabeth M. MacDonald to Elizabeth May Rogers; 



1935] Chapter 269 427 

Robert Earl Aldrich to Robert Earl Aldrich ; Joan Beverly Du- 
bois to Joan Beverly Bragg. 

Carroll County — Ethel R. Avedisian to Ethel Rollins Bal- 
lard; William J. Atwood to Angelo Cataldi; Richard Clayton 
Avedisian to Richard Clayton Ballard ; Claude B. Dearborn to 
Clyde R. Dearborn, Jr.; Barbara Dunlap to Mildred Barbara 
Dearborn; John Louge Dow to John Dow Newton; Thomas 
Whitman Bartlett to Thomas Whitman Danforth; Roland G. 
Gray to Albert E. Haseltine ; Clifton Leonard McCann to Billie 
Frederick Ritchie; Richard Allen Miller to Richard Allen Rid- 
lon; Agnes Greta Orcutt to Agnes Greta Ritchie. 

Merrimack County — Clement Cyr to Paul Albert Richotte; 
Donald Charles Sanborn to Donald Charles Marston; Evelyn 
Rose Fleury to Evelyn Rose French ; Gladys Coulson to Gladys 
Coulson Folsom ; James Lockwood to James Harris ; Kathleen 
Brown to Kathleen Ryan; Harland Cutler to Harland Cutler 
Tyrrel ; Roland Ernest Hazelton to Roland Ernest Locke ; Don- 
ald Nudd to Donald Hurd ; Pauline Nudd to Pauline Hurd ; Em- 
ily Louise Bethune to Emily Louise Sprague; Shirley Irlene 
Mason to Shirley Irlene Mack; Sarah G. Hodgman to Sarah C. 
Gillingham; Leon Joseph Serin to Leon Joseph Leclare; Ella 
Margaret Morrison to Ella Margaret Anderson ; Beryle Center 
to Beryle McLaughlin; Marjorie Center to Marjorie McLaugh- 
lin ; Grosvenor P. Hill to James Grosvenor Prentiss Hill ; Elsie 
M. Lively to Elsie M. Severence; Marjorie Huston to Marjorie 
Holdsworth; Richard York to Allan McCrea Davis; Marie 
Agnes Bellerose to Marie Agnes McDonald ; Richard Frederick 
Curry to Richard Walter Smith ; Ruth Louise Hicken to Ruth 
Louise Girdley; Virginia Mae Corbett to Virginia Mae Cruik- 
shank; Carl Lawrence Plummer to Lester Tenison Gulley; 
Robert Allen to Robert Allen Chandler ; Kenneth Nudd to Ken- 
neth Hurd; Doris DeCota to Luanne Beverly Simpson; Jose- 
phine L. Alberty to Josephine L. King ; Mona Gilman to Mona 
M. Thompson; Florence H. Hammond to Florence W. Harris; 
David Lee Attaya to David Lee Brown. 

Hillsborough County — Jean Lula to Jean Andrikowich; 
Honorious D. Classe to Norris D. Class; Yvonne Gonthier to 
Yvonne Lemay; Yvette Gonthier to Yvette Lemay; Marie 
Anna Migneault to Blanche Marie Maranda ; William P. Good- 
man, Jr. to William P. Goodman ; Elias Papadoplos to Ellas J. 



428 Chapter 269 [1935 

Papp; Hazel T. Guess to Hazel M. Towle; Rose Foster to Ros- 
alind Foster; Edith Elizabeth Guilmette to Edith Elizabeth 
Broderick ; Louise A. Ingelstrom to Louise A. Nickerson ; John 
Edward Gurkowski to John Edward Gordon ; Theodore A. Pap- 
pas to Theodore A. Christophil; Helen Zegarowska to Helen 
Kokoszka ; Thelma Louise Provost to Thelma Louise Marshall ; 
Vitul Belos to William Bellows; Stanley Belos to Stanley Bel- 
lows ; Ernest Diemond to Arnold Diemond ; Daniel Smith Mar- 
shall to Daniel Appleton Marshall ; Richard Henry Vennott to 
Richard Henry Rogers; Helen Viola Drazkowska to Helen 
Viola Doyle; Robert Martineau to Robert Carignan; Clarence 
E. Goings to Robert Clarence Goings ; Rodolphe J. Bernard to 
Peter J. Bernard; John Mason to John Melanson; Priscilla 
Ruth Bassett to Priscilla Ruth Parker ; Ermanno Becchetti to 
Ermanno Cecchetti ; Mae Louise McKenzie to Mae Louise Som- 
erville; William J. Doschavich to William J. Dorson; Ellen E. 
Remick to Ellen E. Heath ; LiHian M. Ennis to Lillian M. Le- 
blanc ; Ellen Leota Provost to Ellen Leota Marshall ; Dorothy 
E. Garbarine to Dorothy Eastman; Irene A. Pappas to Irene 
A. Christophil; Aileen Mary Soraghan to Aileen Mary Hood; 
Chauncey Wallace Derbyshire to John Joseph Blakeley; Gio- 
vanni Piertrantoni to John Peter Anthony. 

Changed by adoption: Consuelo Redden to Constance M. 
Sweeney ; Theresa Mary Ledoux to Elaine A. Bollard ; George 
Ernest Carpenter to George Richard Reney; a child given the 
name Mary Lorraine Josette Jeannotte ; Catherine Dorothy to 
Catherine Dorothy Donovan; Bruce Darracott to Bruce Dar- 
racott Weston ; a child given the name Russell Woollacott ; Pa- 
tricia Diane Denoit to Irene Lillian DuBois ; Edward G. Fischer 
to Thomas Edwards Cox; Ella Violet Hardy to Ella Violet 
Forbush ; Baby Demers to Evangelos Panos Loukedes ; Laurine 
Blanchette to Lorraine Pauline Blanchette; Richard Porter 
Doolittle to Wells Webster Whitney ; James Hamilton Doolittle 
to Anthony Murdock Whitney; Marguerite Helene Vincent to 
Rita Agostini ; George Lavallee to George Rheaume ; Mona An- 
nette Patten to Mona Annette Haywood; Clesson Marsh to 
Clesson Marsh Duke; Cleon Marsh to Cleon Marsh Duke; 
Mary Rose Richards to Marie Esther Lamb; Wallace George 
Gibson to Wallace Mclntyre Walbridge; Lawrence Edward 
Muzzey to Lawrence Edward Stone; Helen Mary Boynton to 
Helen Mary Keddy; Philip Joseph Study to Phihp Joseph Le- 
gendre; Arthur O'Neil to Arthur Donovan; Patricia De- 



193'5] Chapter 269 429 

Grandpre to Lea Vina Duval; Mary Galecki to Mary Kasper; 
Joseph Francis Houle to Leo Francis Couture ; William Donald 
Sullivan to Donald Norman Larrivee; Leslie Eugene Board- 
man to Leslie Eugene Jones ; Ronald Simoneau to Ronald Hey- 
wood Dubuc; Virginia Ann Smith to Virginia Ann Kilroy; 
Helen Jowders to Ileane Dorothy Hayes; Irene Denancourt 
to Helen C. Hebert; Josephine Regan to Judith Churchill; 
Judith Ann Healy to Elizabeth Jane Steuerwald; Richard 
Joseph Brochu to George Albert Chiasson; Joan May 
Schellenger to Joan May Grant ; Richard Raby to Richard Ar- 
thur Holt; Angela O'Neill to Jane Martha Driscoll; Carolyn 
Irwin to Carolyn Louise O'Blenis; Raymond Gould to John 
Leonard Beeman ; Teresa A. Carroll to Teresa A. Foley ; Dickie 
Provencher to Donald Parker Dickinson; Stephen Meserve to 
Alfred R. Lavigne; Myrtle Lynch to Dorothy Myrtle Carlson; 
Mary Jane Riley to Mary Jane Merrill; Baby Reed to Carol 
Musk; William Smith to William Drolet; Rita Moran to Rita 
Moran O'Gara; Elizabeth Kudzma to Nancy Ehzabeth Lee; 
Daniel LeClair to Joseph Edward Simoneau; Baby Locke to 
Myra Lois Folsom ; Louis Huard to Frank Boyer, Jr. ; a child 
given the name Barbara Ann French ; Gloria Lavigne to Gloria 
Lahore ; Herbert Joseph Trumbull to Jon Dennis Hanchett ; 
Franklin Moody Bush way to Arthur Eugene Hadley; Orville 
Fitts to Orville Richard Anttila ; Arthur Joseph Lavoie to Ar- 
thur Joseph Provencher ; Virginia Ann Kilroy to Virginia Ann 
Long ; Joanne Wyatt to Joanne Aylsworth ; Ruth T. Halley to 
Collette Nantel ; Albert Vanasse to Albert Jacque LaBonte ; 
Hester Mary Dupont to Hester Mary Landry ; Rodney Robert 
Poisson to Richard R. Senechal; Rita Lorraine Gaudette to 
Rita Lorraine Collier ; Ruby Lucille Chase to Ruby Lucille Bos- 
ley ; Carol Barr to Carol Barr Hooper ; Therese Lorraine Pin- 
ette to Therese Lorraine Ricard; Sophie Karkunis to Helen 
Peters; Patricia Fitzpatrick to Frances T. Mailhot; Paulette 
Lamoureux to Anne Reney; Barbara White to Barbara Ann 
Walker; Lorraine Gertrude Grasset to Loretta A. Keenan; 
Maurice Dionne to Maurice Davis. 

Cheshire County — Dorothy Ellen Ewins to Dorothy Ellen 
Hastings ; Thelma June Wisell to Thelma June Marsh ; Charles 
W. Farrington to Charles W. Dean; Dustin Richards Hall to 
Hollis Richards Hall; Ruth Aravesta Hamilton to Ruth Ara- 
vesta Bunce Hamilton; Dorothy Harriet Freeman to Dorothy 



430 Chapter 269 [1935 

Harriet Garfield ; Frederika Esther Marvin-Kauffmann to Fred- 
erika Maria Marvin; Joseph Babeu to Joseph Babbitt; Ellen 
Ruth Kauffmann to Ellen Ruth Marvin ; Beryl Evelyn Grout to 
Beryl Evelyn Boynton ; Kenneth H. Holbrook to Kenneth Ran- 
dall Holbrook ; Helen G. Pitt to Helen G. Roberts ; Francis Ryan 
to Francis Willard Fosdick ; Eflie M. Ruffini to Effie May Mitch- 
ell ; Mary Elizabeth Valenti to Mary Elizabeth Davis ; Beverly 
Murray to Beverly Cahill; Bessie Cornelia Marvin-Kauffmann 
to Bessie Cornelia Marvin ; Marion Brooks to Margaret Louise 
Davis ; Margaret Hale Hamburger to Margery Hale Hambur- 
ger ; Robert Francis Ruffini to Robert Francis Fairfield ; David 
Ruffini to David Eugene Fairfield; Joseph Kercewich, Jr., to 
Joseph Kershaw; Helen M. Kercewich to Helen M. Kershaw; 
Edward W. Kercewich to Edward W. Kershaw; Ernest Had- 
dad to Ernest Mossey; Emily J. Whitcomb to Emily J. Glen- 
denning; Samuel Butterfield to Arthur Joseph Varville; Mar- 
tha Jeanette Pair to Martha Virginia Moline; Charles Francis 
Baldwin to Charles Francis Brian Field; Raymond Joseph 
Vaillancourt to Raymond Joseph Wallace; Richard Gordon 
Bunce to Richard Bunce Hautenan ; Viola Sivula to Viola Sim- 
panen; Lawrence M. Guyette to Edwin Lawrence Marden; 
George Ellsworth McGrath to William Francis Majer; Irene 
E. Wilder to Carol Betsy Whitcomb. 

Sullivan County — George Dennis Kereazopoulous to George 
Dennis Kungulus ; Fay Heath Falconer to Fay L. Heath ; Rich- 
ard Edward Myers to Donald Frenette ; Leon Satinski to Leon 
Satin; Donald Kenyon to Ronald Stanley Dunbar; Gerald F. 
Godfrey to Gerald F. Bunker; Jean Marie DeGree to Jean 
Marie LaTour; Victor Albert Marcotte to Victor Willard Mc- 
Kenzie ; Ronald Albert Marcotte to Ronald Willard McKenzie ; 
Leroy George Parizo to Leroy George Pariseau; Ronald Ray 
Parizo to Ronald Ray Pariseau; Rose Mary Parizo to Rose 
Mary Pariseau; Harold Henry Parizo to Harold Henry Pari- 
seau ; Donald Frank Parizo to Donald Frank Pariseau ; Jacob 
Bayarsky to Jacob Bayer; Harry Bayarsky to Harry Bayer; 
Raymond E. Tobine to Raymond Eugene Lewis ; Margaret Gohl 
Brown to Margaret Sheiman Gardner; Harriet Salinsky to 
Harriet Shulins; Selma Lindstrom to Selma Lind; Beverly 
Mae Martin to Beverly Mae Ordway; Ray Bergeron to Ray 
MacAdams; Floyd William Martin to Floyd William Ordway; 
Reta Jean Duguay to Joanne Jean Johnson; Angelo George 



1935] Chapter 269 431 

Anastos to Anastasios George Anastos; Genieve M. Parizo to 
Genieve M. Pariseau; Edward W. Parizo to Edward W. Pari- 
seau ; Cleon E. Wright to Cleon E. Bartlett. 

Grafton County — Kenneth Russell Brisbois to Kenneth 
Russell Morse; Edith Derrington to Edith Herbert; Grace 
Elaine Dunlap to Maxine Kaye Lorden; Marion Louise Dan- 
forth to Marion Louise Downing; George James Moran to 
George James Downing; Joseph E. Therrien to John Rivers; 
Pauline May Baker to Pauline May Watson; William Edward 
Baker to William Edward Goss; Constance June Brusoe to 
Constance June Straw ; Earl Howard Cook to Earl Cook Fam- 
ham ; William S. Dunn, Jr. to William Shepard Lingley ; Donald 
Robert Gingras to Elwin Donald Wilds ; Stanley James Holt to 
Stanley Walter Peightell; April Waneita Hurley to April Wa- 
neita Bowlen ; Harold Hay to Richard Harold Gazley ; William 
Nickel to William Nichol ; Bertha W. Oakes to Bertha M. Wat- 
son; Douglas Verril Sylvester to Douglas Alden Tabor; 
Thomas Charles Edgerley White to Tom Charles White. 

Coos County — Marie Therese Labbe to Marie Therese Dra- 
peau; Marlene Freda Roberta Erickson to Marlene Frances 
Johnson ; Peter Benedict Gaudet to Peter Benedict Whitcomb ; 
Francis Clark Gaudet to Francis Clark Whitcomb ; Jean Char- 
lotte Gaudet to Jean Charlotte Whitcomb; Wilmer Rich Gau- 
det to Wilmer Rich Whitcomb ; Christina May Burns to Chris- 
tina May Monahan; Barbara Elizabeth Patch to Barbara 
Elizabeth Tully ; Donald Mitchell De Rosia to Donald Mitchell 
Nocky; Francis Arthur Ernest Ricker to Francis R. Stevens; 
Isola Laperle to Isola Bergeron ; Doris Couture to Doris Baker ; 
Richard James King to Richard James Morin; Mabel May 
Kiser to Mabel May Oakes; Robert Sisco to Robert Henry- 
Leach ; Katherine A. Chase to Katherine A. Gainor ; Sylvia 
Caroll to June Lillian Heath ; Theodore Ray Wright to Theo- 
dore Ray Estes; Roderick R. Bisson to Roderick Boivin. 



From January, 1933, to January, 1935, the registers of 
probate returned to the secretary of state the following 
changes of names made by the superior court in divorce pro- 
ceedings : 

Rockingham County — Ella Paterson to Ella Gertrude Emery ; 
Zylphia Geneva Howard Seamans to Zylphia Geneva Howard ; 



432 Chapter 269 [1935 

Arlene Blood to Arlene Walker; Jessie M. Ames to Jessie M. 
Rand; Anna C. Donovan to Anna C. Kennick; Jessie Mitchell 
Hatch to Jessie Morrison Mitchell ; Lillian A. White to Lillian 
A. Howard ; Leila G. Heckelton to Leila Gertrude James ; Helen 
D. Palfrey to Helen M. Duncan; Mary E. Pike to Mary E. 
Hayes; Dorothy W. B. Batcheller to Dorothy W. B. Gardner; 
Marion Britt to Marion Lane; Anna M. Wilson to Anna Han- 
sen; Lois K. Blizzard to Lois Killmer; Viney H. Clough to 
Viney H. Walton ; Clara M. R. Morse to Clara Moody Ridgway ; 
Marjorie B. Brown to Marjorie B. Cate; Margaret J. Harvey 
to Margaret J. James ; Sylvia Peterson to Sylvia Parker Mcin- 
tosh; Tillie M. Ohliger to Tillie M. Altvatter; Katherine F. 
McNabb to Katherine F. Currier; Lena Williams to Lena Ku- 
chinsky. 

Strafford County — Marion F, Morrison to Marion F. Holmes ; 
Beatrice C. Scanlan to Beatrice C. Perkins; Evelyn E. Cate to 
Evelyn E. Gardner; Marie Cleaves to Marie Tanner; Vera K. 
Varney to Vera K. Ketchen; Elena M. Rice to Eleanor Lillian 
Moore ; Edna P. Glidden to Edna Pearl Tirrell ; Mina F. Isaac- 
son to Mina Mildred Forrest; Ethel F. Brown to Ethel F. 
Benner; Nellie May Gresty to Nellie May Taylor; Jennie M. 
Voinonatix to Jennie M. Wentworth ; Lillian M. Burke to Lil- 
lian M. Dennett; Marcia M. Bell to Marcia Madeline Baxter; 
Marguerite E. Grant to Marguerite E. Phillips; Helen M. 
LaBrie to Helen M. Riley; Edith E. Kneiper to Edith Thomp- 
son; Esther Loring to Esther Smith; Bernice L. Garland to 
Bernice L. Glidden ; Ernestine McKenney to Ernestine Sleep- 
er; Jeanette Elizabeth Tonkin to Jeanette Elizabeth Saylor; 
Dorothy M. Demeritt to Dorothy M. Jackson; Eliza M. Gush- 
ing to Eliza M. Cook; Florence Baker to Florence Drew; Eve- 
lyn L. Judd to Evelyn L. Barton; Ella M. Tyler to Ella M. 
Brown. 

Belknap County — Helen P. McDougle to Helen S. Poole; 
Jennie Mae Murdock to Jennie Mae Cook; Mary J. Steele to 
Mary Jane Wilson; Agnes May Chase Shaw to Agnes May 
Chase; Mabel C. Plancon to Mabel Corbett; Caroline H. Glid- 
den to Caroline H. Webster ; Edna Smith Ball to Edna Smith ; 
Alice Hoagland to Alice Rowell; Marion Frances Levoy to 
Marion Frances Sanders ; Elizabeth Huff Jenkins to Elizabeth 
M. Huff; Margaret C. Wilkins to Margaret C. Sawyer; Agnes 
L. Nadeau to Agnes L. Burnham. 



1935] Chapter 269 433 

Carroll County — Olive E. Spooner to Olive E. Sinclair ; Ruth 
J. Baker to Ruth Jenness; Lillian M. Bradley to Lillian M. 
West; Luella B. Perkins to Lulella B. Mclntire; Lucy Helen 
Bolduc to Lucy Helen Currier; Dorothy E. Welch to Dorothy 
E, Moody; Harriet Fontana to Harriett Randall. 

Merrimack County — Una S. Morrison to Una S. Fuller ; Eva 
Lapierre to Eva Belaire; Beatrice D. Grammont to Beatrice 
Diversi; Ann Sweeney Diversi to Ann Veronica Sweeney; 
Teresa D. Laird to Teresa Diversi; Margaret D. Durepo to 
Margaret Davis ; Beatrice Wolfsohn to Beatrice Smith ; Anna 
Belle Ellis to Anna Belle McGill ; Jennie R. C. Thompson to 
Jennie R. Clark; Eunice M. Osgood to Eunice M. Ballard; 
Dorothy F. Olmstead to Dorothy F. Tippett ; Esther Katherine 
Shultis to Esther Katherine Hartt; Gladys May Sargent Dear- 
born to Gladys May Sargent; Harriet Ferrin to Harriet Ken- 
nedy ; Nina B. Corser to Nina Bean ; Alma M. Emerson to 
Alma M. Berry; Anna Genevieve Millis Ash to Anna Gene- 
vieve Millis ; Blanche A. Jacobs to Blanche DeForge ; Clara G. 
Small to Clara Burns ; Frances D. Brew to Frances D. Wood- 
bury ; Margaret Rose Huckins to Margaret Rose Venne ; Mary 
A. Darrah to Mary A. Clark; Phyllis S. Savoy to Phyllis A. 
Stewart; Pauline Louise Stickles to Pauline Louise Davis. 

Hillsborough County — Carrie J. Clark to Carrie J. Shynott; 
Charlotte Mae Hawley to Charlotte Mae Barneetz; Leocadie 
Leblanc to Leocadie Moffette; Josephine Rose Prouty to Jo- 
sephine Rose Buckminster; Corinne Laramy to Corinne Roy; 
Eleanor Cullinan to Eleanor George; Frieda M. Beadle to 
Frieda M. Dietlein ; Grace Delores Coughlin to Grace Delores 
Bradshaw; Sarah J. Dow to Sarah J. Powers; Anna E. Lover- 
ing to Anna E. Eichorn; Blanche Sprague Heselton to 
Blanche Sprague; Mary Elizabeth Powers Smith to Mary 
Elizabeth Powers; Lylona D. Houle to Lylona D. Girard; Mel- 
verta F. Purington to Melverta F. Poore; Ethel E. Shoults 
to Ethel E. Rockwell ; Bernice L. Crosby to Bernice L. Under- 
bill ; Thelma Palisoul to Thelma Cantrell ; Edith Hannah Hutch- 
inson to Edith Hannah Parkinson; Germaine Beaudoin to 
Germaine Clermont ; Marcia Winef red Roll to Marcia W. Hill ; 
Catherine L Goodwin to Catherine L Gross; Edith E. Chatel 
to Edith Eleanor Nutbrown ; Thelma Sturtevant to Thelma 
Tina Richards; Bessie R. White to Bessie R. Sario; Beatrice 



434 Chapter 269 [1935 

B. Messier to Beatrice B. Desclaux; Rebecca R. Lawrence to 
Rebecca Ruth Mushlin; Alice E. Brown to Alice E. French; 
Rowena W. Batchelder to Rowena A. White; Grace Doplace 
to Grace Blail Beaudet; Eloise Freeman to Eloise Marcus; 
Frances C. Byron to Frances A. Crowell; Marie Annette 
Hughes to Marie Annette Tasker; Edythe Early Lacy to 
Edythe Early Fournier; Demetra G. Brianas to Demetra A. 
Frangos ; Nellie Hayf ord Smith to Nellie Hayf ord ; Rose Bru- 
no to Rose Pietrantoni ; Eva May Gillette to Eva May Swee- 
ney; Blanche E. Titus to Blanche Elizabeth Rogers; Amanda 
Vermette to Amanda Beaudoin; Daisy Lane to Daisy Cam- 
pobasso; Ethel G. Hamilton to Ethel Gagnon; Grace H. Gill 
to Grace Florence Hadley. 

Cheshire County — Emma M. V. Bergeron to Emma Mary 
Venn ; Theresa G. Chase to Theresa G. Crowley ; Ruth Howard 
Currier to Ruth C. F. Howard ; Elizabeth M. Doyle to Eliza- 
beth Davis ; Mary Hughes Geoghegan to Mary Hughes ; Anna 
J. Graham to Anna J. Rudolf; Antonia A. Johnson to Anto- 
nia A. Jonaitis; Myrtle Annetta Lower to Myrtle Annetta 
Beal; Stella Stone Metivier to Stella Stone; Celia Parizo to 
Celia Melissa Nash ; Helena W. Ruggles to Helena W. Wheel- 
er; Gladys E. Smith to Gladys E. Peak; Myra E. Wilcox to 
Myra Evelyn Peel. 

Sullivan County — Ruby R. Belluscio to Ruby Raymond; 
Doris Elma Eastman to Doris Elma Blanchard; Reba M. 
Sposito to Reba Benson; Katherine D. Gregory to Katherine 

D. Magee ; Jennie L. Davis to Jennie L. Call ; Louise B, Moul- 
ton to Louise B. Greenwood; Mildred E. Luman to Mildred 

E. Trow; Claribel A. Cossitt to Claribel Alford; Ruth 
(Briggs) Carroll to Ruth Briggs; Mary J. (Trow) Kendrick 
to Mary J. Trow; Emily Ruth Houde to Emily Ruth Stock- 
well; Clementine Boulerice to Clementine Dagenais. 

Grafton County — M. Alice Balben to M. Alice Waitt; Helen 
G. Gurney to Helen F, Gibbs; Thelma Howe to Thelma Sul- 
loway; Delia Fox to Delia Goodwin; Martha Kelsea Cham- 
berlin to Martha Louise Kelsea; Ruby K. Leach to Ruby K. 
Swinnerton; Rosa M. Rowe to Rosa M. Waterman; Dorothy 
Howard Carter to Dorothy Sybil Howard; Rebecca L. Rich- 
ardson to Rebecca L. Williams ; Esther Underwood to Esther 
Barr; Josephine H. Monica Welch to Josephine Helene Moni- 



1935] Chapter 269 435 

ca; Kathleen S. Wells to Kathleen S. Mooney; Elsie M. Stew- 
art to Elsie M. Pilotte; Blanche M. Bradley to Blanche M. 
Beattie ; Doris L. Deroche to Doris L. Woolson ; Ruth A. Thur- 
low to Ruth A. LaBombard; Edna Bailey Butterfield to Edna 
B. Bailey; Mildred V. Curran to Mildred V. Genna; Viola 
DeWitt to Viola Elizabeth Price; Gladys May Haywood to 
Gladys May Trumbull; Doris E. Sails to Doris E. Grace. 

Coos County — Sadie Leighton to Sadie Dowse ; Evelyn Lar- 
kin to Evelyn Holmes; Lena May Pervere to Lena May Bar- 
ber; Verna Rae Thomas to Verna Rae Newman; Miriam G. 
Foster to Miriam Gaynor; Selina M. Stone to Selina M. La- 
Bonte; Georgia McPheters to Georgia Bell; Annie B. Dresser 
to Annie Cross; Marjorie Irene Bean to Marjorie Irene Gould; 
Anna Mae MacDonald to Anna Mae Leblanc; Florence S. 
McLaughlin to Florence Hazel Smith; Helen Eastman Luc- 
chetti to Helen Lillian Eastman; Sally G. Holmes to Sally 
G. Hill ; Ola M. Gallant to Ola M. Matthews. 



PRIVATE ACTS 



CHAPTER 270. 

AN ACT LEGALIZING THE NOVEMBER ELECTION IN THE TOWN OF 

BETHLEHEM. 



Section 

2. Takes effect. 



Section 

1, Proceedings legalized. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Proceedings Legalized. The votes and proceedings of 
the biennial election held on the sixth day of November, 1934, 
in the town of Bethlehem are hereby legalized, ratified and con- 
firmed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved January 29, 1935.] 



CHAPTER 271. 

AN ACT LEGALIZING THE NOVEMBER ELECTION IN THE TOWN OF 

SALEM. 



Section 

2. Takes effect. 



Section 

1. Proceedings legalized. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Proceedings Legalized. The votes and proceedings of 
the biennial election held on the sixth day of November, 1934, 
in the town of Salem are hereby legalized, ratified and con- 
firmed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved January 29, 1935.] 



CHAPTER 272. 

AN ACT LEGALIZING THE NOVEMBER ELECTION IN THE TOWN OF 

NEW DURHAM. 



Section 

2. Takes effect. 



Section 

1. Proceedings legalized. 

Be it enacted by the Senate and Hou^e of Representatives in 

General Court convened: 

1. Proceedings Legalized. The votes and proceedings of 



1935] Chapter 273 437 

the biennial election held on the sixth day of November, 1934, 
in the town of New Durham are hereby legalized, ratified and 
confirmed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 7, 1935.] 



CHAPTER 273. 

AN ACT TO INCORPORATE APPALACHIAN MOUNTAIN CLUB. 



Section 

3. Takes effect. 



Section 

1. Incorporation. 

2. Powers. 

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

1. Incorporation. That Appalachian Mountain Club, a 
corporation duly organized and existing under the laws of 
the Commonwealth of Massachusetts, be and hereby is con- 
stituted a corporation within this state, for the purpose of 
exploring the mountains of New England and adjacent regions, 
both for scientific and artistic purposes, and in general to 
cultivate an interest in geographical studies, and said cor- 
poration is vested with all the powers and privileges incident 
to corporations of like nature. 

2. Powers. Said corporation by that name may sue and 
be sued, prosecute and defend to final judgment and execu- 
tion, and shall have power to acquire and hold real and per- 
sonal estate, including forest and mountain lands and places 
of scenic and historic interest, by lease, purchase, donation, 
bequest, or otherwise, to hold, develop and administer the 
same for the purposes aforesaid and for the furtherance of 
out-of-door life and recreation, and to convey and dispose of 
the same at pleasure. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 7, 1935.] 



438 Chapter 274 [1935 

CHAPTER 274. 

AN ACT TO AMEND THE CHARTER OF MASONIC HOME. 
Section 1. Masonic Home. 
Be it enacted by the Senate and House of Representatives in 
General Court convened: 

1. Masonic Home. Amend chapter 194 of the Laws of 
1883 as amended by chapter 151 of the Laws of 1897, chapter 
194 of the Laws of 1901, chapter 214 of the Laws of 1909, 
and chapter 323 of the Laws of 1929, by striking out the 
whole of section 4 and inserting in place thereof the following: 
Sect. 4. The officers of this corporation shall be a president, 
a vice-president, a clerk, a treasurer, with such duties re- 
spectively as usually attach to those offices, and a board of 
sixteen trustees, one of whom shall be the Grand Master of 
the Grand Lodge of Free Masons ex officio. The Grand Mas- 
ter of the Grand Lodge of Free Masons shall be president 
ex officio of the corporation. Fifteen members of the board 
of trustees shall be elected by the corporation, and shall hold 
their offices for such time as may be provided for in the by- 
laws. The board of trustees shall have the management and 
control of all the affairs of the corporation and shall have and 
be vested with all its powers. They shall elect annually a chair- 
man, who shall be also the vice-president of the corporation, 
a clerk, who shall be also the clerk of the corporation, and be 
sworn to the faithful discharge of his duty, and a treasurer 
of the corporation, who shall give bond with sufficient sureties 
to the satisfaction of the board ; and all of said elective officers 
shall continue in office until their successors are chosen and 
qualified. In case of vacancy, said trustees may at any meet- 
ing fill the same, and no officer named in this section shall 
receive any salary or compensation for any service or duty 
he may perform. 

[Approved February 7, 1935.] 



1935] Chapter 275 439 

CHAPTER 275. 

AN ACT TO ENABLE THE TOWN OF NEWPORT TO FUND OR REFUND 
ITS INDEBTEDNESS. 



Section 

3. Takes effect. 



Section 

1. Authorization. 

2. Conflict of laws. 

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

1. Authorization. The town of Newport is hereby author- 
ized, for the purpose of funding or refunding outstanding 
bonds and notes against the town, to raise, appropriate and 
borrow money to an aggregate amount not exceeding thirty- 
three thousand dollars ($33,000) and tb issue its bonds there- 
for on the credit of the town. Said bonds shall be signed by 
the selectmen and countersigned by the treasurer of the town, 
shall have the town seal affixed, and shall be designated as 
water bonds. 

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 bona 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 pro- 
ceeds of such issue. 

2. Conflict of Laws. In all respects wherein the authority 
conferred under this act differs from or is in conflict with the 
provisions of chapter 59 of the Public Laws, the powers, terms 
and limitations contained in this act shall prevail. 

3. Takes Effect. This act shall take effect upon its pas- 
sage, 

[Approved February 21, 1935.] 



440 



Chapter 276 



[1935 



CHAPTER 276. 

AN ACT RELATING TO THE SEWER SYSTEM OF THE TOWN OF 
CLAREMONT. 



Section 

4. Payment by the town. 

5. Town debt limit. 

6. Takes effect. 



Section 

1. Submission of question to 

voters. 

2. Governing board. 

3. Assessments. 

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

1. Submission of Question to Voters. At the annual town 
meeting of 1935 or at any subsequent town meeting in the 
town of Claremont the board of selectmen may submit the 
following question to the registered voters of the town to 
be voted upon by ballot in the same manner as ballots are 
cast for the election of town officers, and any such meeting 
may in its discretion be in session in two places at the same 
time, in one place for the casting of ballots only and in the 
other place for the transaction of other business: Shall the 
town purchase, construct, manage, maintain and own a sys- 
tem of main drains and common sewers substantially in ac- 
cordance with the plans heretofore approved by the state 
board of health, and issue therefor not exceeding $365,000 
bonds of the town either to the United States or to others 
payable within twenty years from their date, and apply for 
and accept such grant or grants as the United States may 
make for such project and make such agreements as may be 
required in connection with such grants? 



Yes 



□ 



No 



2. Governing Board. If a majority of the ballots cast as 
aforesaid shall favor such sewers, bonds and grants, the gov- 
erning board created by vote of the town passed November 
25, 1933 and consisting of the three sewer commissioners, 
the three selectmen and the superintendent of the water- 
works, acting as one board, shall have authority to take all 
necessary and proper action to carry out the will of the town 
so expressed, including all authority conferred by any general 
or special law upon the town or the selectmen or the sewer 
commissioners relating to such matters. Upon the determina- 
tion by said governing board that the acquisition of such 



1935] Chapter 276 441 

sewer system and the business connected with such acqui- 
sition has been completed the said governing board shall dis- 
solve and its authority shall cease and thereafter the sewer 
commissioners shall have the authority conferred upon them 
by law relating to said sewer system. 

3. Assessments. Seventy-five per cent of the cost of such 
sewer system, as determined by the governing board, shall 
be assessed by the governing board upon the taxable real 
property within the area determined by the governing board 
to be drained by said sewer system, and apportioned among 
the various parcels of such property according to their as- 
sessed valuation for the purpose of the general tax levy for 
the fiscal year in which such assessment is made. The as- 
sessment upon each such parcel of property shall be payable 
in twenty equal annual installments at the same time, col- 
lectible by the same officers in the same manner and subject 
to the same means of collection and penalties for nonpayment 
as general taxes. All such installments not paid when due 
shall include interest at the rate of six per cent per annum. 
Each such assessment, including interest as aforesaid, shall 
create a lien upon the property upon which it is laid which 
shall continue for one year after the last installment is pay- 
able. 

4. Payment by the Town. The remainder of the cost of 
such sewer system shall be paid by the town as a whole. 

5. Town Debt Limit. Amend section 9 of chapter 836 of 
the Laws of 1925 by striking out in lines 13 and 14 the words 
"assessing taxes on said town," and substituting therefor the 
words, computing its borrowing capacity within any debt limit 
prescribed by law, so that said section as amended shall read 
as follows : Sect. 9. Said town is also authorized at any an- 
nual or special meeting by a majority vote of those present 
and voting, to raise and appropriate, and to borrow or hire, 
such sums of money not to exceed the sum of $600,000, on 
the credit of the town as may from time to time be deemed 
advisable for the purpose of defraying the expense of pur- 
chasing or taking under the provisions of this act and the 
power of eminent domain real estate, rights in real estate, 
and rights and property as aforesaid, and for constructing, 
extending, maintaining and operating such sewerage system, 
and to issue notes or bonds of the town therefor, payable 



442 Chapter 277 [1935 

at such times and places and at such rates of interest not 
exceeding five per cent as may be thought proper. And such 
notes or bonds and debts shall not be included in the net debt 
of said town for the purpose of computing its borrowing ca- 
pacity within any debt limit prescribed by law. 

6. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 27, 1935.] 



CHAPTER 277. 

AN ACT RELATIVE TO THE TOWN LINES OF THE TOWNS OF 
RICHMOND AND TROY. 



Section 

1. Town lines. 



Section 

2. Takes eflfect. 



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

1. Town Lines. A portion of the town line between the 
towns of Richmond and Troy shall be as follows: Beginning 
at the marker numbered T. C. No. 3 on the line between the 
two towns thence N. 4° 30' W. to the marker numbered T. 
C. No. 8. That part of town of Richmond lying easterly of 
the above described line is hereby disannexed from said town 
of Richmond and annexed to the town of Troy and that part 
of the town of Troy lying westerly of the above described line 
is hereby disannexed from said town of Troy and annexed to 
the town of Richmond. The territory disannexed from Rich- 
mond shall hereafter constitute and be a part of said town of 
Troy, and the inhabitants thereof shall be subject to the same 
duties and enjoy the same privileges as the other inhabitants of 
said town of Troy provided that the owner or owners of said 
land shall be subject to the payment to the town of Richmond 
of all taxes heretofore assessed upon said land by said town 
of Richmond and said town of Richmond shall have all 
rights of collection of said taxes, and the territory disan- 
nexed from Troy shall hereafter constitute and be a part 
of said town of Richmond, and the inhabitants thereof shall 
be subject to the same duties and enjoy the same privileges 
as the other inhabitants of said town of Richmond provided 
that the owner or owners of said land shall be subject to 
the payment to the town of Troy of all taxes heretofore as- 



1935] Chapters 278, 279 443 

sessed upon said land by said town of Troy and said town 
of Troy shall have all rights of collection of said taxes. 

2. Takes Effect. This act shall take effect when ratified 
by two thirds of the voters in each of the towns of Troy and 
Richmond present and voting by ballot at the annual meet- 
ing of each town held next after the passage of this act. 

[Approved February 27, 1935.] 



CHAPTER 278. 

AN ACT TO DISSOLVE UPPER COOS RAILROAD. 

Section i Section 

1. Upper Coos railroad. | 2. Takes effect. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Upper Coos Railroad. The Upper Coos Railroad, a cor- 
poration created under the provisions of chapter 218 of the 
Laws of 1883, is hereby dissolved. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 28, 1935.] 



CHAPTER 279. 

AN ACT RELATIVE TO THE ISSUE OF NOTES BY THE COUNTY OF 

MERRIMACK. 



Section 

1. Issue authorized. 



Section 

2. Takes effect. 



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

1. Issue Authorized. The county commissioners of the 
county of Merrimack are hereby empowered and authorized 
to issue for and in behalf of said county, from time to time 
during the calendar years 1935 and 1936, short-time notes 
not exceeding in amount the sum of fifty-five thousand dol- 
lars ($55,000) for the purpose of refunding outstanding in- 
debtedness of said county. Said short-time notes issued here- 
under may be refunded by other short-time notes during said 
biennium at and for such times as the county commissioners 
may determine. From the proceeds of said notes the treas- 
urer of said county shall pay such notes as are outstanding 
or indebtedness outstanding so far as the county commission- 



444 Chapter 280 [1935 

ers shall determine. The time and place of payment of said 
short-time notes, their denominations, the rate and times of 
interest payments thereon, their form, the manner of their 
sale and the prices at which they shall be sold shall be ap- 
proved by the county commissioners. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 28, 1935.] 



CHAPTER 280. 

AN ACT AUTHORIZING THE TOWN OF BOSCAWEN TO ISSUE 
REFUNDING NOTES OR BONDS. 



Section 

1. Authorization. 

2. Issue; interest. 



Section 

3. Application of laws. 

4. Takes effect. 



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

1. Authorization. The town of Boscawen is hereby au- 
thorized to issue its serial notes or bonds to an amount not 
exceeding sixteen thousand dollars ($16,000) for the purpose 
of refunding outstanding indebtedness of a like amount. 

2. Issue; Interest. The said notes or bonds shall be issued 
at such time as the selectmen of the town may determine and 
shall bear interest at such rate as said selectmen deem for the 
best interests of said town. 

3. Application of Laws. The Municipal Bonds Statute 
shall apply to the notes and bonds issued under this act so 
far as is consistent with the provisions hereof. 

4. Takes Eflfect. This act shall take effect when approved 
by a majority of those present and voting at a regular or any 
special meeting of the legal voters of the town during the year 
1935 the warrant for which meeting shall contain an article 
calling for the consideration of such approval. 

[Approved February 28, 1935.] 



1935] Chapters 281, 282 445 

CHAPTER 281. 

AN ACT TO CHANGE THE NAME OF THE MANCHESTER SAFETY 
DEPOSIT AND TRUST COMPANY. 



Section 

2. Takes effect. 



Section 

1. The Manchester Trust Com- 
pany of Manchester, New 
Hampshire. 

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

1. The Manchester Trust Company of Manchester, New 
Hampshire. Amend section 1 of chapter 215 of the Laws of 
1891 by striking out all of said section and inserting in 
place thereof the following: Section 1. Charles D. Mc- 
Duffie, Nathan Parker, Charles Warren, Frederick C. Dow, 
Noah S. Clark, Walter M. Parker, George H. Stearns, Joseph 
W. Fellows, William J. Hoyt, Frank E. Putney, Hiram Hill, 
S. N. Bourne, W. Byron Stearns, R. W. Pillsbury, and J. 
Henry Dearborn, their successors, assigns, and associates, 
are created and made a body corporate and politic by the 
name of The Manchester Trust Company of Manchester, New 
Hampshire, with all the powers and privileges, and subject 
to all the liabilities and duties, incident to corporations of a 
similar nature. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 28, 1935.] 



CHAPTER 282. 

AN ACT TO INCORPORATE THE CLARK SCHOOL FOUNDATION. 



:cT 


ION 


Section 


1. 


Corporation constituted. 


5. First meeting 


2. 


Powers; taxation. 


6. Amendments. 


3. 


Board of trustees. 


7. Takes effect. 


4. 


By-laws, rules and regula- 
tions. 





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

1. Corporation Constituted. That Clifford P. Clark, Frank 
M. Morgan, Perley R. Bugbee of Hanover, New Hampshire, 
and Walker Wiggin of Manchester, New Hampshire, and A. 
R. Heneage of Hanover, New Hampshire, be, and they hereby 
are, constituted a corporation by the name of Clark School 



446 Chapter 282 [1935 

Foundation, and they and such others as shall be duly elected 
members of said corporation at any meeting thereof accord- 
ing to such by-laws as may hereafter be established, shall 
be and remain a body politic and corporate by said name and 
from the passage of this act for the purpose of receiving 
funds, investing and reinvesting these funds and the income 
from the same ; also for expending such portions of the in- 
come and principal as the trustees hereafter designated, shall 
from time to time deem advisable for educational purposes. 

2. Powers; Taxation. Said corporation by that name may 
sue and be sued, prosecute and defend to final judgment and 
execution, and shall have power to take and acquire and hold 
real and personal estate by lease, purchase, donation, be- 
quest, or otherwise, and said corporation being in the nature 
of an educational institution shall be taxable according to 
the statutes of the state of New Hampshire. 

3. Board of Trustees. The government of said foundation 
and the general management of the financial and prudential 
affairs of said corporation shall be vested in a board of trus- 
tees of not less than five, who shall be chosen in such a manner, 
at such times, and for such a term of office as may be pre- 
scribed by the by-laws of said corporation hereafter to be 
adopted. 

4. By-laws, Rules and Regulations. Said corporation may 
adopt such by-laws and make such rules and regulations as 
may be deemed necessary ; may determine 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. 

5. First Meeting. The first three persons named in sec- 
tion 1, or any two of them, may call the first meeting of said 
corporation, by giving notice to each of the persons named 
in this act, by mail, five days prior to said meeting. 

6. Amendments. The legislature may alter and amend 
this act when the public good requires. 

7. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved February 28, 1935.] 



1935] Chapters 283, 284 447 

CHAPTER 283. 

AN ACT AUTHORIZING THE TOWN OF BARNSTEAD TO ISSUE 
REFUNDING NOTES OR BONDS. 



Section 

3. Application of pjeneral laws. 



Section 

1. Authoi'ization. 

2. Terms. 

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

1. Authorization. The town of Barnstead is hereby au- 
thorized to issue its serial notes or bonds to an amount not 
exceeding twenty thousand dollars ($20,000) for the purpose 
of refunding outstanding indebtedness of a like amount. Said 
serial notes or bonds shall be signed by the selectmen and 
countersigned by the treasurer. 

2. Terms. Said issue of serial notes or 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. 

3. Application of General Laws. Except as otherwise pro- 
vided in this act, the provisions of chapter 59 of the Public 
Laws shall apply to the serial notes or bonds herein authorized. 

[Approved March 7, 1935.] 



CHAPTER 284. 

AN ACT AUTHORIZING THE TOWN OF MEREDITH TO ISSUE 
REFUNDING NOTES OR BONDS. 



Section 

1. Authorization. 

2. Issue, interest. 



Section 

3. Application of laws. 

4. Takes effect. 



Be it enacted by the Senate and House of Representatives in 
Gene7'al Court convened: 

1. Authorization. The town of Meredith is hereby au- 
thorized to issue its serial notes or bonds to an amount not 
exceeding eighteen thousand dollars ($18,000) for the pur- 
pose of refunding outstanding indebtedness of a like amount. 

2. Issue; Interest. The said notes or bonds shall be issued 
at such time as the selectmen of the town may determine, and 
shall bear interest at such rate, not exceeding six per cent 
per annum, as said selectmen deem for the best interests 
of said town. 



448 Chapter 285 [1935 

3. Application of Laws. The Municipal Bonds Statute shall 
apply to the notes and bonds issued under this act so far as 
is consistent with the provisions hereof. 

4. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 7, 1935] 



Section 

2. Takes effect. 



CHAPTER 285. 

AN ACT RELATING TO THE WATER COMMISSIONERS FOR THE TOWN 

OF PETERBOROUGH. 

Section 

1. Peterborough water-works. 

Be it enacted by the Senate and House of Repy^esentatives in 
General Court convened: 

1. Peterborough Water- Works. Amend section 4, chap- 
ter 177, Laws of 1895, by striking out the words, not more 
than two of whom shall belong to the same political party, in 
lines four and five, so that said section as amended shall read 
as follows: Sect. 4.* For the more convenient management 
of said water-works, the said town may place the construction, 
management, control, and direction of said water-works in a 
board of water commissioners, to consist of three citizens of 
the town, said commissioners to be vested with such powers 
and duties relating to the construction, control, and manage- 
ment of the same as may from time to time be prescribed by 
said town. Their term of office shall be for three years, and 
until their successors are elected and qualified. The first 
board of commissioners may be chosen by the legal voters of 
the town at the next annual meeting, or at any special meet- 
ing duly called for that purpose, and their successors shall be 
elected at each annual meeting thereafter: Provided, how- 
ever, that of those first elected, the term of one shall expire at 
the first annual meeting after the first board is elected, one at 
the second annual meeting held thereafterwards, and one at 
the third annual meeting held thereafterwards, and after the 
first election one shall be elected for three years at each annual 
meeting to fill the occurring vacancy; provided, also, that the 
term of service of the commissioners first elected shall be 
designated at the time of their election, or said commissioners 



Amended, chapter 301, j)ost. 



1935] Chapter 286 449 

may be appointed by the selectmen of said town if the town 
fail to elect, or if the town at any meeting vote to authorize 
and instruct the selectmen to appoint said water commission- 
ers. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 7, 1935.] 



CHAPTER 286. 

AN ACT RELATIVE TO BOARD OF WATER COMMISSIONERS FOR THE 
TOWN OF WOLFEBORO. 

Section I Section 

1. Management of water-works. | 2, Takes effect. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Management of Water-Works. Amend section 3 of 
chapter 202 of the Laws of 1889 as amended by chapter 191, 
Laws of 1891, chapter 251, Laws of 1903 and chapter 190, 
Laws of 1905 by striking out said section and inserting in 
place thereof the following: Sect. 3. Said town is author- 
ized and empowered to contract with individuals and corpora- 
tions for supplying them with water, and to make such con- 
tracts and establish such regulations and tolls for the use of 
water, as may from time to time be deemed proper. The man- 
agement and control of said water-works shall be vested in a 
board of water commissioners consisting of three citizens of 
Wolfeboro, one to be elected each year at the annual meeting. 
The term of office of each shall be for three years and until 
his successor is elected and qualified provided, however, that 
three commissioners shall be elected at the March meeting, 
1935, and shall be chosen for one, two and three years re- 
spectively and until their successors are elected and qualified. 
Said commissioners are hereby authorized and empowered to 
appoint and employ all necessary officers, agents and servants 
with such powers and duties as from time to time may be 
prescribed by said town. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 7, 1935.] 



450 Chapters 287, 288 [1935 

CHAPTER 287. 

AN ACT RELATING TO THE TOWN OF RICHMOND. 

Section I Section 

1. Repeal. | 2. Takes effect. 

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

1. Repeal. Chapter 259 of the Laws of 1909, an act au- 
thorizing the town of Richmond to own and maintain a local 
telephone line and exchange, is hereby repealed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 13, 1935.] 



CHAPTER 288. 

AN ACT LEGALIZING AND CONFIRMING THE INCORPORATION OF 
THE BERLIN BUILDING AND LOAN ASSOCIATION. 



Section 

2. Takes effect. 



Section 

1. Organization legalized. 

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

1. Organization Legalized. The organization and incor- 
poration of the Berlin Building and Loan Association, with 
principal place of business in Berlin, New Hampshire, on Sep- 
tember 11, 1890, in accordance with chapter 93 of the Laws 
of 1887, said association having as its object the accumulation 
of a fund to enable its members to purchase for themselves 
homesteads and other real estate and the loaning of money to 
be used in any lawful investment by the members, is hereby 
legalized, ratified, and confirmed, and all business and other 
acts done by the said association since that date in so far as 
they might otherwise be deemed unauthorized and unlawful, 
are hereby legalized, ratified and confirmed. 

2. Takes Efifect. This act shall take effect upon its pas- 
sage. 

[Approved March 14, 1935.] 



1935] Chapters 289, 290 451 

CHAPTER 289. 

AN ACT LEGALIZING THE PROCEEDINGS OF THE MARCH 12, 1935 
ELECTION IN THE CITY OF LACONIA. 



Section 

1. Proceedings legalized. 



Section 

2. Takes effect. 



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

1. Proceedings Legalized. The votes and proceedings at 
the annual election, March 12, 1935, of the city of Laconia are 
hereby legalized and confirmed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 15, 1935.] 



CHAPTER 290. 

AN ACT RELATING TO THE CHARTER OF THE CITY OF NASHUA.* 



Section 

2. City officers, term of office. 



Section 

1. Board of aldermen, organiza- 
tion meeting. 

Be it enacted by the Senate and Hou^e of Representatives in 
General Court convened: 

1. Board of Aldermen, Organization Meeting. Amend 
section 41, of Part I of chapter 427 of the Laws of 1913, be- 
ing the charter of the city of Nashua, as adopted by vote of 
the inhabitants of said city, by striking out the words "ten 
o'clock in the forenoon on the first secular day" in the first 
and second lines and inserting in place thereof the words, 
eight o'clock in the evening on the second Tuesday, and by 
striking out the words, "board of inspectors of checklist" in 
the ninth and tenth lines, so that said section as amended shall 
read as follows : Sect. 41. The board of aldermen so chosen 
shall meet at eight o'clock in the evening on the second Tues- 
day of January next following their election, in their capacity 
as the board of aldermen, for the purpose of taking their re- 
spective oaths of office, organizing, adopting rules for the 
transaction of business by such board, electing such officers as 
are by law or ordinance required to be elected and transacting 
any other business required by law or ordinance to be trans- 
acted at such meeting. The mayor, members of the board 



Repealed, chapter 311, post. 



452 Chapter 291 [1935 

of education, board of assessors, board of public works, board 
of fire commissioners, and all other officers who are required to 
take an oath of office shall meet in convention with the board 
of aldermen at said time and take their respective oaths of 
office. 

2. City Officers, Term of Office. Amend section 42 of Part 
I of said chapter 427 by striking out said section and inserting 
in place thereof the following : Sect. 42. The board of alder- 
men shall elect by viva voce and major vote on roll call a city 
clerk and overseer of the poor who shall be one and the same 
person, city treasurer and collector of taxes, who shall be one 
and the same person, city physician, city solicitor, and board 
of health, said officers to hold office for a term of two years, 
each. In all other cases offices shall be filled by appointment 
of the mayor, subject to confirmation by said board, except 
the city messenger, who shall be chosen and appointed by the 
mayor, unless otherwise provided for in this charter. All va- 
cancies occurring in such offices shall be filled in the same 
manner. Unless otherwise provided for herein the board of 
aldermen may by ordinance prescribe the time for choosing 
or appointing all officers to be chosen by it, or by the mayor, 
and fix their compensation and terms of office, but not ex- 
ceeding two years. In all cases where salaries or wages for 
services are paid from the municipal treasury, the compensa- 
tion shall be determined by the board of aldermen upon rec- 
ommendation of the several departments, excepting those em- 
ployed in connection with the schools. 

[Approved March 16, 1935.] 



CHAPTER 291. 

AN ACT RELATING TO UNEMPLOYMENT IN THE CITY OF BERLIN 
AND IN THE COUNTY OF COOS. 



Section 

2. Takes effect. 



Section 

1. Agreements ratified. 

Be it enacted by the Senate and Hoiise of Representatives in 

General Court convened: 

1. Agreements Ratified. The agreements dated Septem- 
ber 15, 1933, and September 4, 1934, between the city of Ber- 
lin and the Brown Company, and the agreement dated De- 
cember 8, 1934, between the county of Coos and Groveton 
Paper Company, Inc., Coos Realty Corporation and Odell Man- 



1935] 



Chapters 292, 293 



453 



ufacturing Company, whereby the city and county respective- 
ly are able to have a large number of their unemployed men 
gainfully employed rather than have them supported at the 
expense of the community, are hereby ratified and validated. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 22, 1935.] 



CHAPTER 292. 

AN ACT LEGALIZING THE NOVEMBER ELECTION IN THE TOWN OF 

CARROLL. 



Section 
2. Takes effect. 



Section 

1. Proceedings legalized. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Proceedings Legalized. The votes and proceedings at 
the biennial election of the town of Carroll held on the sixth 
day of November 1934, are hereby legalized, ratified and con- 
firmed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved March 22, 1935.] 



CHAPTER 293. 

AN ACT RELATING TO THE POWERS OF THE VILLAGE PRECINCT 

OF HANOVER. 



Section 

5. Borrowing money. 

6. Bond of treasurer. 

7. Debt limit. 

8. Takes effect; repeal. 



Section 

1. Powers granted. 

2. Powers of commissioners. 

3. Highways; sidewalks; sew- 

ers. 

4. Taxes, how voted, collected, 

expended. 

Be it enacted by the Senate and Hou^e of Representatives in 
General Court convened: 

1. Powers Granted. Amend section 3 of chapter 225 of 
the Laws of 1901 as amended by chapter 319 of the Laws of 
1929 by striking out the same and inserting in place thereof 
the following: Sect. 3. The said precinct shall have all the 
rights and be subject to all the liabilities now belonging to it, 
shall have all the powers nov/ or hereafter granted to village 
districts and all the powers granted under chapter 57 of the 



454 Chapter 293 [1935 

Public Laws including the extinguishment of fires, the light- 
ing and sprinkling of streets, the planting and care of shade 
trees, the supplying of water for domestic, precinct and fire 
purposes, the construction and maintenance of sidewalks and 
main drains or common sewers, the construction, maintenance 
and care of parks or commons, and the appointing and employ- 
ing of watchmen and police officers. It shall also have all the 
powers respecting zoning granted to towns under sections 48 
to 68 inclusive of chapter 42 of the Public Laws as now or 
hereafter amended, the same power as the town of Hanover 
to establish, construct, maintain and discontinue highways 
and the power to preserve the public health ; and the said pre- 
cinct shall have all the powers in relation to these objects 
that towns have or may have in relation to like objects, 
and all that are necessary for the accomplishment of its pur- 
poses. 

2. Powers of Commissioners. Amend sections 5 and 6 of 
chapter 225 of the Laws of 1901 as amended by chapter 201 of 
the Laws of 1905 by striking out the same and inserting in 
place thereof a new section 5 as follows : Sect. 5. The com- 
missioners shall have, within the precinct, all the powers con- 
ferred by existing law upon the mayor and aldermen of cities 
or the selectmen of towns respecting highways, sidewalks and 
sewers, all the powers conferred upon city councils by sec- 
tion 12 of chapter 54 of the Public Laws, all the powers now or 
hereafter conferred upon the selectmen of towns respecting 
the locating and licensing of telephone, telegraph, electric 
light and/or power lines, wires, poles and structures in, under 
and/or over highways by any person or corporation, all the 
powers now or hereafter conferred upon the selectmen of towns 
respecting the planting and nurture of shade and ornamental 
trees and the nomination of tree wardens, all the powers of 
health oflficers of towns, all the powers conferred upon the 
boards of health of cities and the selectmen of towns as pre- 
scribed by sections 1 to 9 inclusive of chapter 163 of the Public 
Laws, all the powers of firewards of towns and in addition the 
power to appoint a chief engineer and one or more assistant 
engineers to serve for a term not exceeding one year or at the 
pleasure of the commissioners with authority to perform, sub- 
ject to the direction of the commissioners such or all of the 
duties devolving upon firewards, or fire engineers, as the com- 



1935] Chapter 293 455 

missioners may prescribe. They shall have sole authority to 
appoint a highway surveyor in said precinct, and in default 
of such appointment shall themselves perform the duties of 
that office. A surveyor so appointed may be required to give 
bond to the precinct to account for all money coming into his 
hands and for the proper care and custody of all property 
which may come into his custody or control, and such sur- 
veyor or the commissioners acting as surveyor shall be deemed 
officers of the precinct. The commissioners shall control and 
direct the expenditure of all moneys raised under authority 
of the precinct and by the town for expenditure in the pre- 
cinct. 

3. Highways; Sidewalks; Sewers. Amend section 7 of 
chapter 225 of the Laws of 1901 by striking out the same, re- 
numbering and inserting in place thereof the following: 
Sect. 6. The precinct at its annual meeting shall determine 
what amount of money in addition to the highway taxes to 
be levied by the authority of the town shall be raised in the 
precinct and what amount shall be raised for sidewalks and 
for sewers. All taxes for sidewalks, highways, and sewers 
in the precinct shall be raised in money, whether by authority 
of the town or precinct, provided that nothing in this act shall 
be construed to derogate from the powers and duties of the 
town and selectmen to provide funds for ordinary and ex- 
traordinary repairs of bridges, culverts, highways and em- 
bankments within the precinct and for the construction of 
new highways that may be laid out in the precinct. 

4. Taxes, How Voted, Collected, Expended. Amend sec- 
tion 8 of chapter 225 of the Laws of 1901 as amended by chap- 
ter 201 of the Laws of 1905 by striking out the same and in- 
serting in place thereof two sections numbered 7 and 8 to 
read as follows: Sect. 7. The said precinct may vote to 
raise money in addition to the amount raised by the town, for 
expenditure in the precinct for any lawful purposes, including 
the laying out, building, and repairing of highways, sidewalks, 
and sewers in the precinct ; to purchase materials, tools and 
apparatus; to purchase and lease land and buildings and to 
erect suitable buildings for the use of the precinct. SECT. 8. 
All votes to raise money by taxation shall be certified by the 
clerk of the precinct and transmitted, within ten days, to the 
selectmen of the town, and the sums so voted shall be assessed 



456 Chapter 293 [1935 

by the selectmen of the town of Hanover, collected by the col- 
lector of taxes for said town, and, together with all moneys 
raised by the town for expenditure in the precinct, shall 
be paid over from the town treasury to the treasurer of the 
precinct, upon the order of the selectmen who shall make such 
order whenever requested by the precinct commissioners. The 
power to abate and correct the assessment of such taxes shall 
belong to the board authorized to assess them ; and aggrieved 
parties shall have the same remedies for relief as in case of 
town taxes. The commissioners shall draw orders upon the 
treasurer of the precinct for the payment of all accounts and 
claims against the precinct allowed by them, and take proper 
vouchers therefor. 

5. Borrowing Money. Amend section 9 of chapter 225 of 
the Laws of 1901 by striking out the same and inserting in 
place thereof the following: Sect. 9. The commissioners, 
upon authority given them by vote of the precinct at any an- 
nual meeting or special meeting called for that purpose, may 
borrow money upon the credit of the precinct to be used only 
for the purposes of the precinct. 

6. Bond of Treasurer. Amend section 10 of chapter 225 
of the Laws of 1901 by striking out the same and inserting in 
place thereof the following: Sect. 10. The precinct treas- 
urer shall, within six days after his election or appointment, 
and before entering upon the duties of his office, give bond to 
the precinct with a surety or sureties acceptable to the com- 
missioners for the faithful performance of his duties, and in 
default thereof the office shall be vacant. 

7. Debt Limit. Amend section 15 of chapter 225 of the 
Laws of 1901 as amended by chapter 302 of the Laws of 1929 
by striking out the same and inserting in place thereof the 
following: Sect. 15. The village precinct of Hanover is de- 
clared to be a municipal corporation within the meaning of 
chapter 59 of Public Laws as amended by chapter 115 of Laws 
of 1931, and to have the power and authority vested in munici- 
pal corporations by the said act. Said precinct shall not be 
bound by the debt limitations provided by section 7 of said 
chapter 59 of Public Laws, but is hereby authorized to incur 
debt to an amount not to exceed three per cent of its last 
assessed valuation, provided that loans in anticipation of taxes 
as authorized by law and debts for supplying the inhabitants 



1935] Chapters 294, 295 457 

with water may be incurred outside said limit of indebtedness. 

8. Takes Effect; Repeal. This act shall take effect upon 
its adoption by said precinct at any annual meeting, or at any 
special meeting called for such purpose, and thereupon all acts 
and parts of acts inconsistent herewith shall be repealed so far 
as they or any of them shall be applicable to said precinct. 

[Approved March 26, 1935.] 



CHAPTER 294. 

AN ACT TO INCREASE THE POWERS OF THE COUVENT DE LA 
PRESENTATION DE MARIE, A VOLUNTARY CORPORATION. 



Section 

1. Powers increased. 



Section 

2. Takes effect. 



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

1. Powers Increased. The Couvent de la Presentation de 
Marie, a voluntary corporation formed under the provisions of 
chapter 147 of the Public Statutes of New Hampshire in the 
year one thousand nine hundred and twenty-five, and carrying 
on its activities in Hudson in the county of Hillsborough, is 
hereby authorized and empowered to establish and maintain 
in the said town of Hudson an institution of learning to be 
known as Rivier College ; to prescribe the rules for the govern- 
ment of the said college and the course of studies to be pur- 
sued therein and to confer upon the graduates thereof the de- 
grees of bachelor of arts, bachelor of science, bachelor of edu- 
cation, bachelor of music and other degrees and diplomas of 
similar grades. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 3, 1935.] 



CHAPTER 295. 

AN ACT LEGALIZING THE PROCEEDINGS OF THE TOWN MEETING 
HELD IN THE TOWN OF CAMPTON, MARCH 12, 1935. 

Section I Section 

1. Proceedings legalized. | 2. Takes effect. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Proceedings Legalized. The votes and proceedings of 



458 Chapters 296, 297 [1935 

the town meeting held in the town of Campton, March 12, 
1935, are hereby legalized, ratified and confirmed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 3, 1935.] 



Section 

2. Takes effect. 



CHAPTER 296. 

AN ACT LEGALIZING THE PROCEEDINGS OF THE ANNUAL TOWN 

MEETING HELD IN THE TOWN OF GREENVILLE 

ON MARCH 12, 1935. 

Section 

1. Proceedings legalized. 

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

1. Proceedings Legalized. The votes and proceedings of 
the annual town meeting held in the town of Greenville on the 
twelfth day of March, 1935, are hereby legalized, ratified and 
confirmed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 3, 1935.] 



CHAPTER 297. 



AN ACT AUTHORIZING THE CITY OF SOMERSWORTH TO ISSUE 
REFUNDING NOTES OR BONDS. 



Section 

1. Authorization. 

2. Terms. 



Section 

3. Application of laws. 

4. Takes effect. 



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

1. Authorization. The city of Somersworth is hereby au- 
thorized and empowered to issue its serial notes or bonds to 
an amount not exceeding sixty-six thousand dollars ($66,000) 
for the purpose of refunding floating indebtedness of a like 
amount including outstanding notes in anticipation of taxes, 
other notes, debts and other liabilities. 

2. Terms. The said notes or bonds shall be issued at such 
time as the council of said city of Somersworth shall deter- 
mine and shall be issued in accordance with the provisions of 



1935] Chapter 298 459 

said chapter 59 of the Public Laws so far as consistent with 
the provisions of this act. 

3. Application of Laws. The amount of the notes or bonds 
issued under the authority of this act shall not be included as 
a part of the debt of the said city of Somersworth in ascertain- 
ing and fixing the net debt of said city under the provisions of 
chapter 59 of the Public Laws. 

4. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 3, 1935.] 



CHAPTER 298. 

AN ACT AUTHORIZING THE TOWN OF ALEXANDRIA TO ISSUE 
REFUNDING NOTES OR BONDS. 



Section 

1. Authorization. 

2. Terms. 



Section 

3. Application of general laws. 

4. Takes effect. 



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

1. Authorization. The town of Alexandria is hereby au- 
thorized to issue its serial notes or bonds to an amount not 
exceeding eighteen thousand dollars ($18,000) for the purpose 
of refunding outstanding indebtedness of a like amount. Said 
serial notes or bonds shall be signed by the selectmen and 
countersigned by the treasurer. 

2. Terms. Said issue of serial notes or 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 de- 
termine, at a rate of interest to be fixed by said board. 

3. Application of General Laws. Except as otherwise pro- 
vided in this act, the provisions of chapter 59 of the Public 
Laws shall apply to the serial notes or bonds herein author- 
ized. 

4. Takes Effect. This act shall take effect when its pro- 
visions shall have been approved by a majority of those pres- 
ent and voting at any special meeting of the legal voters of the 
town during the year 1935, the warrant for which meeting 
shall contain an article calling for the consideration of such 
approval. 

[Approved April 8, 1935.] 



460 Chapters 299, 300 [1935 

CHAPTER 299. 

AN ACT RELATING TO TOWN MEETINGS IN THE TOWN OF CLARE- 
MONT. 



Section 
3. Takes effect. 



Section 

1. Annual town meeting. 

2. Special officers. 

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

1. Annual Town Meeting. The annual town meeting in 
the town of Claremont may be held in the town hall. The 
polling place for the election of town officers at said meeting 
may be on the first floor of said building and the other busi- 
ness of said meeting may be transacted on the second floor of 
said building. The transaction of business and the voting by 
ballot may be carried on at the same time. 

2. Special Officers. The assistant moderator of said town, 
whose office was established by chapter 289 of the Laws of 
1911, shall have such powers and duties of the moderator rela- 
tive to voting and the transaction of business as the moderator 
may assign to him. The selectmen prior to said annual meet- 
ing shall appoint an assistant clerk who shall have such powers 
and duties of the town clerk relative to voting and the trans- 
action of business at said annual meeting as the town clerk 
may assign to him. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 8, 1935.] 



CHAPTER 300. 

AN ACT LEGALIZING THE PROCEEDINGS OF THE SCHOOL DISTRICT 
MEETING IN THE TOWN OF WASHINGTON. 



Section 

2. Takes effect. 



Section 

1. Proceedings legalized. 

Be it enacted by the Senate and House of Representatives in 
General Cou7't convened: 

1. Proceedings Legalized. The votes and proceedings of 
the annual school district meeting held in the town of Wash- 
ington on the twelfth day of March, 1935, are hereby legalized, 
ratified and confirmed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 11, 1935.] 



1935] Chapter 301 461 

CHAPTER 301. 

AN ACT RELATIVE TO THE MANAGEMENT OF THE WATER-WORKS 
IN THE TOWN OF PETERBOROUGH. 



Section 

1. Peterborough water-works. 

2. Superintendent of water- 

works. 



Section 

3. Board of water commission- 

ers abolished. 

4. Takes effect. 



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

1. Peterborough Water-Works. Amend section 4 of chap- 
ter 177 of the Laws of 1895 as amended by an act* passed at 
this session of the legislature approved March 7, 1935, by 
striking out said section and inserting in place thereof the 
following: Sect. 4. The board of selectmen of the town of 
Peterborough shall be vested with such powers and duties 
relating to the construction, management, control and direc- 
tion of said water-works as may from time to time be pre- 
scribed by said town. Said board of selectmen shall annually 
make a report to the town of the condition of the water-works, 
financially and otherwise, showing the funds belonging to said 
water-works, the expenses and income thereof and such other 
facts and information as the town should have, which report 
shall be published in the annual report of said town each year. 

2. Superintendent of Water-Works. Amend section 5 of 
said chapter 177 of the Laws of 1895 by striking out said sec- 
tion and inserting in place thereof the following: Sect. 5. 
The board of selectmen shall appoint and at pleasure remove 
a superintendent of the water-works and such other officers 
and agents as they may deem necessary. They shall fix the 
compensation of all officers and agents appointed by them, 
which ofl^cers and agents shall be sworn to the faithful dis- 
charge of their duties. 

3. Board of Water Commissioners Abolished. When this 
act becomes effective the terms of office of the present board 
of water commissioners shall expire and the board of select- 
men shall take over the management and control of said 
water-works. 

4. Takes Effect. This act shall take effect May 1, 1935. 
[Approved April 15, 1935.] 



Chapter 285, ante. 



462 Chapters 302, 303 [1935 

CHAPTER 302. 

AN ACT VALIDATING A VOTE TAKEN BY THE TOWN OF MEREDITH 
RELATIVE TO BORROWING IN ANTICIPATION OF TAXES. 



Section 

1. Vote validated. 



Section 

2. Takes effect. 



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

1. Vote Validated. The vote taken at the annual town 
meeting held March 12, 1935, by the town of Meredith relative 
to borrowing in anticipation of taxes is hereby declared to be 
sufficient to authorize the selectmen to borrow in anticipation 
of the 1935 taxes and such amounts as may be borrowed under 
this authority shall be repaid from 1935 taxes within one year 
from the date of their incurrence. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 18, 1935.] 



CHAPTER 303. 

AN ACT RATIFYING ACTION TAKEN AT THE ANNUAL MEETING OF 
THE FARMINGTON VILLAGE PRECINCT ON THE ELEVENTH 
DAY OF APRIL, 1934, AND AUTHORIZING SAID FARMINGTON 
VILLAGE PRECINCT TO FUND OR REFUND ITS IN- 
DEBTEDNESS AS REPRESENTED BY NOTES. 



Section 

3. Takes effect. 



Section 

1. Authorization. 

2. Application of general law. 

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

1. Authorization. Whereas at the annual meeting of the 
Farmington Village Precinct, holden on the eleventh day of 
April, 1934, under an appropriate article in the warrant for 
said meeting, it was unanimously voted by those present and 
voting to authorize the engineers of said village precinct to 
fund the debt of the precinct as represented by notes, in ac- 
cordance with the provisions of chapter 59 of the Public Laws, 
known as the Municipal Bonds Statute, said action of said 
meeting is hereby ratified and the said Farmington Village 
Precinct is hereby authorized, for the purpose of funding or 
refunding the debt of said precinct as represented by notes, 
to borrow money to an aggregate amount not exceeding thirty 



1935] 



Chapter 304 



463 



thousand dollars ($30,000) and to issue its bonds therefor 
on the credit of said Farmington Village Precinct. Said bonds 
shall be signed by the board of engineers and countersigned 
by the treasurer of the precinct and shall have the precinct's 
seal affixed. 

2. Application of General Law. Except as otherwise pro- 
vided in this act, the provisions of the Municipal Bonds Statute, 
chapter 59 of the Public Laws, shall apply to the bonds herein 
authorized. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved April 22, 1935.] 



CHAPTER 304. 



AN ACT IN AMENDMENT OF THE CHARTER OF THE CITY OF 

CONCORD. 



Section 




Section 


1. Police commission. 


9. 


Traffic rules. 


2. Removal. 




10. 


Chief of police. 


3. Police force. 




11. 


Organization of commission 


4, Limitations. 




12. 


Report. 


5. Special police. 




13. 


Compensation. 


6. Removal or suspension of 


14. 


Prohibition. 


police. 




15. 


Mayoi-, powers. 


7. Rules. 




16. 


Takes effect. 


8. Enforcement of 


laws. 







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

1. Police Commission. The mayor immediately after the 
passage of this act, shall appoint three police commissioners 
who shall have been residents of said Concord at least five 
years immediately preceding the date of their appointment, 
one of whom shall hold office for two years from the date of 
his appointment, one for four years, and one for six years 
from said date, or until their successor is appointed and quali- 
fied; and biennially thereafter on or before the first day of 
March, the mayor shall appoint one commissioner who shall 
take the place of the one whose term expires, and who shall 
serve for six years, unless sooner removed as hereinafter pro- 
vided ; and any vacancy in said board shall be filled in the same 
manner. 

2. Removal. The mayor shall have full power to remove 
any commissioner at any time, after a fair hearing and for 
just cause. 



464 Chapter 304 [1935 

3. Police Force. The permanent police force shall consist 
of a chief, a deputy chief, a captain and so many regular police 
and so many permanent reserve police as may from time to 
time be prescribed by the board of aldermen, who shall be ap- 
pointed by the commissioners and who shall serve during good 
behavior and while competent to discharge the duties of the 
office; and the commissioners shall designate one and may 
designate two of the regular police as sergeants and one of 
the permanent reserve police as captain of the reserve. The 
officers and members of the permanent police force in exist- 
ence when this act takes effect shall continue to hold their re- 
spective offices, unless removed as hereinafter provided. All 
vacancies in the permanent police force shall be filled by the 
commissioners. 

4. Limitations. No member of said force, except reserve 
members, shall during his term of service engage in any other 
business or occupation, or hold any federal, state, county or 
other municipal office, except those of justice of the peace and 
notary public. 

5. Special Police. In addition to such permanent force the 
chief may from time to time appoint such temporary special 
police as may be necessary, subject to the approval of the 
commissioners, or as the police commissioners may authorize 
or direct, and may dismiss them at pleasure, unless otherwise 
ordered by the commissioners. 

6. Removal or Suspension of Police. The police commis- 
sioners shall have the right to remove any member of the 
police force at any time for good and sufficient cause and after 
due hearing, and such cause shall be expressed in the order of 
removal. The chief may suspend, for not exceeding sixty 
days, any subordinate member of the force, for any cause 
deemed by him to be sufficient, which cause shall be specified 
in the order of suspension. 

7. Rules. The police commissioners shall have power to 
make all rules for the government of the police force, and to 
enforce said rules. 

8. . Subject to such rules the chief shall have prece- 
dence, command, control and direction of the deputy chief and 
all other police of the city, and shall cause the laws of the state 
and municipal ordinances to be executed and enforced within 
the city, and perform all other duties imposed upon him by 



1935] Chapter 304 465 

the commissioners or upon similar officers by general law. In 
his absence the deputy chief, and in the absence of both the 
chief and the deputy chief, the captain shall have such prece- 
dence and command and discharge such duties. 

9. Traffic Rules. The police commissioners shall have 
power to make, prescribe and ordain all such street traffic rules 
and regulations and amendments thereto as boards of alder- 
men and city councils are authorized to make under the provi- 
sions of the Public Laws. Such rules and regulations, the pro- 
visions of the Public Laws to the contrary notwithstanding, 
shall be effective upon a copy of the same being recorded in 
the ordinance books of the city and being published one or 
more times in some newspaper printed in the city of Concord. 
Until amended by the commissioners the traffic rules and regu- 
lations now in force shall continue in force, but any rule or 
regulation now or hereafter in force may be suspended or re- 
pealed by the commissioners for such time as they may deem 
expedient. The commissioners may make temporary rules 
and regulations and may delegate to the chief power to handle 
traffic in emergencies in his discretion. 

10. Chief of Police. The chief of police shall have the 
power and it shall be his duty to do all such administrative 
acts in connection with street traffic, including the placing of 
signs, lights, signals and the marking of streets, as may be 
necessary to meet the requirements of such rules and regula- 
tions, 

11. Organization of Commission. The commissioners shall 
elect one of their number who shall act as chairman, and one 
who shall act as clerk and keep a record of their proceedings, 
issue all notices, and attest all such papers and orders as the 
commissioners shall direct. 

12. Report. The commissioners shall make a detailed re- 
port of their doings quarterly to the mayor and aldermen of 
the city, and annually to the mayor in the month of December. 
The records of the commission shall at all times be open to the 
inspection of the mayor and the citizens of the city. 

13. Compensation. The compensation of the commis- 
sioners and all members of the police force shall be fixed from 
time to time by the mayor and board of aldermen, and the 
total amount expended for the maintenance of said police force 
shall at no time exceed the amount appropriated for that pur- 
pose by the mayor and board of aldermen. 



466 Chapters 305, 306 [1935 

14. Prohibition. No commissioner shall hold any office in 
the government of the city of Concord nor in any department 
of said city during his term of office as said commissioner. 

15. Mayor, Powers. The powers of the mayor as defined 
in the Public Laws shall not be impaired by this act, except 
as hereinbefore expressly provided. 

16. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 4, 1935.] 



CHAPTER 305. 

AN ACT RELATING TO MILITARY DRILL FOR THE SCHOOLS IN THE 
CITY OF MANCHESTER. 



Section 

2. Takes effect. 



Section 

1. Schools in city of Manches- 
ter. 

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

1. Schools in the City of Manchester. The city of Man- 
chester may include military drill, physical exercises and su- 
pervised athletics in its course of instruction for pupils in 
its public schools, and may raise and appropriate money for 
those purposes. When money is so raised for said purposes 
the regularly appointed school authorities shall regulate said 
activities. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 4, 1935.] 



CHAPTER 306. 

AN ACT AUTHORIZING THE TOWN OF EPPING TO ISSUE REFUNDING 

NOTES OR BONDS. 



Section 

1. Authorization. 

2. Terms. 



Section 

3. Application of general laws. 

4. Takes effect. 



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

1. Authorization. The town of Epping is hereby author- 
ized to issue its serial notes or bonds to an amount not ex- 
ceeding nine thousand five hundred dollars ($9,500) for the 
purpose of refunding outstanding indebtedness of a like 



1935] Chapter 307 467 

amount. Said serial notes or bonds shall be signed by the 
selectmen and countersigned by the treasurer. 

2. Terms. Said issue of serial notes or 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. 

3. Application of General Laws. Except as otherwise pro- 
vided in this act, the provisions of chapter 59 of the Public 
Laws shall apply to the serial notes or bonds herein authorized. 

4. Takes Effect. This act shall take effect when its pro- 
visions shall have been approved by a majority of those 
present and voting at the regular or any special meeting of 
the legal voters of the town during the year of 1935, the 
warrant for which meeting shall contain an article calling 
for the consideration of such approval. 

[Approved May 4, 1935.] 



CHAPTER 307. 

AN ACT AUTHORIZING THE TOWN OF LYME TO ISSUE REFUNDING 

NOTES OR BONDS. 



Section 

1. Authorization. 

2. Terms. 



Section 

3. Application of general laws. 

4. Takes effect. 



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

1. Authorization. The town of Lyme is hereby authorized 
to issue its serial notes or bonds to an amount not exceeding 
nineteen thousand dollars ($19,000) for the purpose of re- 
funding outstanding indebtedness of a like amount. Said 
serial notes or bonds shall be signed by the selectmen and 
countersigned by the treasurer. 

2. Terms. Said issue of serial notes or 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. 

3. Application of General Laws. Except as otherwise 
provided in this act, the provisions of chapter 59 of the Public 
Laws shall apply to the serial notes or bonds herein authorized. 

4. Takes Effect. This act shall take effect when its pro- 
visions shall have been approved by a majority of those pres- 



468 Chapter 308 [1935 

ent and voting at any special meeting of the legal voters of 
the town during the year 1935, or the regular or any special 
meeting during the year of 1936, the warrant for which meet- 
ing shall contain an article calling for the consideration of 
such approval. 

[Approved May 4, 1935.] 



CHAPTER 308. 

AN ACT AUTHORIZING THE TOWN OF WEBSTER TO ISSUE REFUND- 
ING NOTES OR BONDS. 



Section 

1. Authorization. 

2. Terms. 



Section 

3. Application of general laws. 

4. Takes effect. 



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

1. Authorization. The town of Webster is hereby author- 
ized to issue its serial notes or bonds to an amount not ex- 
ceeding ninety-five hundred dollars ($9,500) for the purpose 
of refunding outstanding indebtedness of a like amount. Said 
serial notes or bonds shall be signed by the selectmen and 
countersigned by the treasurer. 

2. Terms. Said issue of serial notes or 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. 

3. Application of General Laws. Except as otherwise pro- 
vided in this act, the provisions of chapter 59 of the Public 
Laws shall apply to the serial notes or bonds herein authorized. 

4. Takes Effect. This act shall take effect when its pro- 
visions shall have been approved by a majority of those present 
and voting at any special meeting of the legal voters of the 
town during the year 1935, or the regular or any special 
meeting during the year 1936, the warrant for which meeting 
shall contain an article calling for the consideration of such 
approval. 

[Approved May 4, 1935.] 



1935] ' Chapters 309, 310 469 

CHAPTER 309. 

AN ACT RELATIVE TO THE NEW HAMPSHIRE UNIVERSALIST 

STATE CONVENTION. 

Section 1 Section 

1. Property, authorized to hold. | 2. Takes effect. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Property, Authorized to Hold. Amend section 2 of the 
act incorporating the New Hampshire Universalist State Con- 
vention approved July 12, 1864, as amended by chapter 262, 
Laws of 1911, by adding after the words "one hundred" the 
words and fifty so that said section as amended shall read 
as follows : Sect. 2. Said corporation may receive and hold 
all such real estate and personal estate as may be conveyed 
to them by gift, devise, bequest, donation or otherwise, for 
the purposes of said corporation, not exceeding in the whole 
at any one time the amount of one hundred and fifty thousand 
dollars, and the same may manage, improve, sell, convey, or 
otherwise dispose of as may be necessary and convenient in 
promoting the purposes and interests of the corporation. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 4, 1935.] 



CHAPTER 310. 

AN ACT RELATING TO SPECIAL TOWN MEETING IN THE TOWN OF 

STEWARTSTOWN. 

Section I Section 

1. Meeting ratified. | 2. Takes effect. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Meeting Ratified. The votes and proceedings taken at 
the special town meeting in the town of Stewartstown on 
April 22, 1934, are hereby legalized, ratified and confirmed. 

2. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 8, 1935.] 



470 Chapters 311, 312 [1935 

CHAPTER 311. 

AN ACT REPEALING AN ACT AMENDING THE CHARTER OF THE 

CITY OF NASHUA. 

Section | Section 

1. Repeal. | 2. Takes effect. 

Be it enacted by the Senate and House of Representatives in 

General Court convened: 

1. Repeal. The act* relating to the charter of the city 
of Nashua, providing for the time when certain officials of 
said city shall take office and also for the term of office of cer- 
tain officials, approved March 16, 1935, is hereby repealed, 
and the provisions of said charter as they existed prior to 
said act are hereby revived. 

2. Takes Eifect. This act shall take effect upon its pas- 
sage. 

[Approved May 22, 1935.] 



CHAPTER 312. 

AN ACT RELATING TO THE DIRECTORS OF THE YOUNG MEN'S 
CHRISTIAN ASSOCIATION OF NASHUA. 



Section 

3. Takes effect. 



Section 

1. Young Men's Christian Asso- 

ciation of Nashua. 

2. Management. 

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

1. Young Men's Christian Association of Nashua. Amend 
section 2 of chapter 213 of the Laws of 1891 by striking out 
said section and inserting in place thereof the following: 
Sect. 2. This corporation shall have the authority to make, 
use, and utter a common seal, and alter the same at pleasure, 
and by its corporate name shall be capable of suing and being 
sued, of impleading and being impleaded, in all courts of 
record and elsewhere, of ordaining, establishing, and enforcing 
all ordinances, regulations, and by-laws necessary, convenient, 
and proper for the conducting and governing its affairs ; may 
purchase, take, or receive donations by will or otherwise, and 
hold estates, real, personal, and mixed, for the use, objects, 
and benefits of the association, and, with the consent of the 
board of directors, sell and convey or mortgage the same. 



Chapter 290, ante. 



1935] Chapter 313 471 

2. Management. Amend section 3 of said chapter 213 
by striking- out the whole of said section and inserting in 
place thereof, the following : Sect. 3. That all the real estate 
that is now, or may hereafter be, owned by said association 
shall be managed by a board of directors for the use of said 
association. When any vacancies shall occur in said board, 
the same shall be filled by a majority vote of the remainder 
of the directors. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 22, 1935.] 



CHAPTER 313. 

AN ACT RELATIVE TO PENACOOK UNION SCHOOL DISTRICT. 



Section 

4. Penacook School district. 

5. Takes effect. 



Section 

1. Dissolution of district. 

2. Special meeting. 

3. Application of laws. 

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

1. Dissolution of District. The territory embraced within 
former Boscawen Special School District, now a part of Pena- 
cook Union School District, as established by chapter 239, 
Laws of 1909, may be withdrawn from said union district 
in the manner set forth, 

2. Special Meeting. Upon application of twenty-five or 
more of the hereinafter described residents of the territory em- 
braced within said Boscawen Special School District, any jus- 
tice of the peace may call a meeting of the residents of said 
special district entitled to vote in school district meetings, in 
the same manner as other school district meetings are called, to 
vote upon the question of withdrawing from said union district. 
At said meeting a moderator and clerk may be chosen. No 
valid action can be taken at said meeting unless a majority 
of the residents entitled to vote therein are present at said 
meeting and a record of that fact made by the clerk. 

3. Application of Laws. If said residents vote in the af- 
firmative to withdraw from said union district the procedure 
for this dissolution of said union district shall be as provided 
in chapter 119 of the Public Laws, sections 44 to 50 inclusive. 

4. Penacook School District. The territory embraced 
within the former Penacook School District in the city of 



472 Chapter 314 [1935 

Concord, now a part of Penacook Union School District, may 
be withdrawn from said union district with the same proce- 
dure and in the same manner as hereinbefore set forth for 
the withdrawal of the Boscawen Special School District. 

5. Takes Eifect. This act shall take effect upon its pas- 
sage. 

[Approved May 22, 1935.] 



CHAPTER 314. 

AN ACT RELATING TO THE POWERS AND DUTIES OF THE POLICE 
COMMISSIONERS OF THE CITY OF PORTSMOUTH. 



Section 

3. Takes effect. 



Section 

1. Authority given. 

2. Temporary employment. 

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

1. Authority Given. The board of police commissioners 
of the city of Portsmouth, by the affirmative vote of a major- 
ity of the members, may at the request of any member of 
the police department, or at the request of the chief of police, 
retire from service for one year any member of the police 
department, who, in the judgment of said board has become 
disabled for useful service while in the actual performance 
of duty; or any member who has performed faithful service 
in the department for a period of not less than twenty con- 
secutive years; and may grant a pension to such retired 
member for a period not exceeding one year at a time. No 
such member shall be granted a pension unless it shall be 
certified to the said board of police commissioners in writing 
by the city physician, that such member is permanently in- 
capacitated either mentally or physically from performing 
his duty as a member of the department. In case of total 
permanent disability caused in or induced by the actual per- 
formance of his duty, the amount of said pension shall be one 
half of the annual compensation of the office from which he 
is so retired. The pension of a member who has served 
twenty or more consecutive years shall be one half of the 
annual salary or compensation of the office from which he is 
retired. 

2. Temporary Employment. The said board of police 
commissioners are hereby authorized in case of emergency 



1935] Chapter 315 473 

to call upon any person so pensioned for temporary service 
in the department for which he is fitted and during such 
service he shall be entitled to full pay. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved May 31, 1935.] 



CHAPTER 315. 

AN ACT RELATING TO THE ESTABLISHMENT OF THE EAST DERRY 

FIRE PRECINCT. 



Section 

4. Objects; powers. 

5. Records. 

6. Takes effect. 



Section 

1. Repeal. 

2. Establishment of new pre- 

cinct. 

3. Organization meeting. 

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

1. Repeal. The fire precinct in Derry heretofore existing 
and commonly known as "East Derry Fire Precinct" is hereby 
dissolved, no meeting of such precinct having been held for 
many years. If any property or records may hereafter be 
found as belonging to such precinct heretofore created, such 
property and records shall become the property of the town 
of Derry, and the records shall be filed with the town clerk of 
the town of Derry. 

2. Establishment of New Precinct. Authority is hereby 
given for the establishment of a precinct in the town of Derry 
to be called the East Derry Fire Precinct, with boundaries as 
follows: That section of Derry bounded by the Derry Vil- 
lage Fire District ; the Chester road, so called ; the town lines 
each of Chester, Sandown and Hampstead ; and the railroad 
track commonly called the Nashua & Rochester Railroad 
track from Hubbard depot on the Warner Hill road across 
country to the Beattie farm, so called, on the Derry Dock road, 
to the Derry Village District. 

3. Organization Meeting. Within thirty days after the 
passage of this act ten or more legal voters residing within 
said bounded district may petition a justice of the peace who 
shall thereupon issue a warrant calling for a meeting of the 
voters of said bounded district for the purpose of organiza- 
tion. If no such meeting is called within said thirty days, a 
meeting may thereafter be called as provided by chapter 57 



474 Chapter 316 [1935 

of the Public Laws as amended for the estabhshment of vil- 
lage district. Except as otherwise herein set forth the pro- 
visions of said chapter 57 shall apply to said organization 
meeting. 

4. Objects; Powers. The objects of said precinct shall 
be the extinguishment of fires, the supply of water for fire 
purposes and incidental objects connected therewith, provided 
that additional objects consistent with the provisions of said 
chapter 57 may be voted at the organization meeting or other 
subsequent meeting called for the purpose. In the fulfillment 
of the objects of the precinct it shall have the powers and 
be otherwise governed by the provisions of said chapter 57. 

5. Records. The precinct records shall be filed with the 
clerk of the town of Derry unless otherwise voted at the 
organization meeting or subsequent meeting called for the 
purpose. 

6. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 19, 1935.] 



CHAPTER 316. 

AN ACT RELATING TO THE WOODSVILLE FIRE DISTRICT. 



Section 

1. Woodsville fire district. 



Section 

2. Takes effect. 



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

1. Woodsville Fire District. In addition to the powers 
heretofore conferred by chapter 204, Laws of 1887, chapter 
196, Laws of 1899, chapter 313, Laws of 1913 and chapter 
292, Laws of 1925, the Woodsville Fire District is hereby au- 
thorized and empowered to grant and vote money for the 
erection of a community building and for the purchase of land 
necessary for this purpose. 

2. Takes Effect. All acts and parts of acts inconsistent 
with this act are hereby repealed and this act shall take effect 
upon its passage. 

[Approved June 19, 1935.] 



Section 

3. Takes effect. 



1935] Chapter 317 475 

CHAPTER 317. 

AN ACT RELATING TO THE ISSUANCE OF BONDS BY THE TOWN OF 

PARMINGTON. 

Section 

1. Issuance of bonds. 

2. Accounts. 

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

1. Issuance of Bonds. The town of Farmington is hereby 
authorized to issue its serial bonds or notes in an amount not 
to exceed twenty-five thousand dollars ($25,000) for the pur- 
pose of refunding an equal amount of floating debt covered by 
outstanding notes. Said bonds shall be paid in accordance 
with section 3 of chapter 59 of the Public Laws. The select- 
men shall determine the form of such bonds, their rate of 
interest, using their best efforts to secure the lowest rate 
obtainable, the dates when interest shall be paid, the dates 
of maturity, and the time or times of issue as provided in 
said section 3, and the places where principal and interest 
shall be paid. Said bonds shall be negotiated by the town 
treasurer under the direction of the selectmen and from the 
proceeds of the sale of said bonds the treasurer shall pay such 
notes as are outstanding at the time this act takes effect, 
provided that said proceeds shall not be used to pay notes 
issued in anticipation of 1935 taxes. 

2. Accounts. The town treasurer shall keep an account 
of each bond, showing the number and amount thereof, the 
name of the person to whom sold, the amount received for 
the same, the date of the sale and the time when payable. 

3. Takes Effect. This act shall take effect when approved 
by a majority of those present and voting at any special meet- 
ing of the legal voters of the town during the year 1935, or 
the annual meeting in 1936, the warrant for which meeting 
shall contain an article calling for the consideration of such 
approval. 

[Approved June 19, 1935.] 



Section 

3. Takes effect. 



476 Chapters 318, 319 [1935 

CHAPTER 318. 

AN ACT AUTHORIZING THE COUNTY OF GRAFTON TO ISSUE BONDS. 

Section 

1. Issuance of bonds. 

2. Accounts. 

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

1. Issuance of Bonds. The county commissioners of the 
county of Grafton are hereby empowered and authorized to 
issue for and in behalf of said county serial bonds to an amount 
not exceeding twenty thousand dollars for the purpose of 
building an extension to the county jail. Said bonds shall be 
paid in accordance with section 3 of chapter 59 of the Public 
Laws as follows: five thousand dollars in the year 1936 and 
five thousand dollars for each of the succeeding three years. 
The county commissioners shall determine the form of such 
bonds, their rate of interest, using their best efforts to secure 
the lowest rate obtainable, and the dates when interest shall 
be paid. Said bonds may be negotiated by the treasurer under 
the direction of the county commissioners. 

2. Accounts. The treasurer shall keep an account of each 
bond, showing the number and amount thereof, the name of 
the person to whom sold, the amount received for same, the 
date of the sale and the time when payable. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 19, 1935.] 



CHAPTER 319. 

AN ACT RELATING TO THE ISSUANCE OF BONDS BY THE COUNTY 

OF BELKNAP. 



Section 

3. Takes effect. 



Section 

1. Issuance of bonds. 

2. Accounts. 

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

1. Issuance of Bonds. The county commissioners of the 
county of Belknap are hereby empowered and authorized to 
issue for and in behalf of said county serial bonds to an amount 
not exceeding thirty thousand dollars for the purpose of re- 
funding outstanding notes of said county. Said bonds shall 



1935] Chapter 320 477 

be paid at the rate of three thousand dollars per year, with 
the first payment in 1936, until the debt is extinguished. The 
county commissioners shall determine the form of such bonds, 
their rate of interest, using their best efforts to secure the 
lowest rate obtainable, the dates when interest shall be paid, 
the dates of maturity, and the time or times of issue and the 
places where principal and interest shall be paid. Said bonds 
may be negotiated by the treasurer under the direction of 
the county commissioners and out of the proceeds of the sale, 
the treasurer shall pay outstanding notes of said county. 

2. Accounts. The treasurer shall keep an account of each 
bond, showing the number and amount thereof, the name of 
the person to whom sold, the amount received for the same, 
the date of the sale and the time when payable. 

3. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 19, 1935.] 



CHAPTER 320. 

AN ACT RELATING TO THE ISSUANCE OF BONDS BY THE COUNTY 
OF BELKNAP FOR WELFARE PURPOSES. 



Section 

1. Issuance of bonds. 

2. Accounts. 



Section 

3. Purposes. 

4. Takes effect. 



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

1. Issuance of Bonds. The county commissioners of the 
county of Belknap are hereby empowered and authorized to is- 
sue for and in behalf of said county serial bonds to an amount 
not exceeding twenty-five thousand dollars for the purpose of 
providing funds for poor relief in said county, through relief of 
unemployment or otherwise. Said bonds shall be paid in accord- 
ance with section 3 of chapter 59 of the Public Laws. The 
county commissioners shall determine the form of such bonds, 
their rate of interest, using their best efforts to secure the 
lowest rate obtainable, the dates when interest shall be paid, 
the dates of maturity, and the time or times of issue as pro- 
vided in said section 3 and the places where principal and 
interest shall be paid. Said bonds may be negotiated by the 
treasurer under the direction of the county commissioners and 
out of the proceeds of the sale thereof, the treasurer shall 



478 Chapter 321 [1935 

pay the funds as required by the county commissioners in 
accordance with the provisions of this act. 

2. Accounts. The treasurer shall keep an account of each 
bond, showing the number and amount thereof, the name of 
the person to whom sold, the amount received for same, the 
date of the sale, and the time when payable. 

3. Purposes. Any money received from the sale of the 
bonds shall be expended for poor relief, through relief of 
unemployment and work projects connected with the county 
of Belknap, either directly or in co-operation with funds pro- 
vided by the state and federal governments or either of them, 
and to that end the county commissioners are hereby author- 
ized to co-operate in any manner required by the federal and 
state authorities and to determine the relief and projects 
best suited for the promotion of the public welfare. 

4. Takes Effect. This act shall take effect upon its pas- 
sage. 

[Approved June 20, 1935.] 



CHAPTER 321. 

AN ACT RELATING TO THE ISSUANCE OF BONDS BY THE COUNTY 
OF HILLSBOROUGH. 



Section 

1. County bonds authorized. 

2. Execution. 



Section 

3. Presumption. 

4. Takes effect. 



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

1. County Bonds Authorized. The county commissioners 
of Hillsborough county are hereby authorized to issue, for 
and in behalf of said county, serial coupon bonds in the total 
amount of six hundred thousand dollars ($600,000), for the 
purpose of refunding a like amount of outstanding floating 
indebtedness, including various notes and any refundings or 
renewals of all or any portion thereof heretofore or here- 
after made, and to reimburse the county treasury for any 
funds advanced therefrom temporarily to pay any portion of 
said floating indebtedness, pending the receipt of proceeds of 
bonds authorized by this act. Said bonds shall be payable to 
bearer, shall be dated July 1, 1935, shall be in the