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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 denomination
of one thousand dollars ($1,000) each, shall mature thirty
thousand dollars ($30,000) each year for the next succeeding
1935] Chapter 322 479
twenty years, shall bear interest at a rate not to exceed five per
cent per annum, payable semi-annually, and shall bear the
county seal.
2. Execution. Each bond shall be designated Hillsborough
County Funding Bond, shall be signed by the county com-
missioners or by a majority thereof, countersigned by the
county treasurer, and bear on face a certificate of registra-
tion signed by the clerk of the superior court of said county.
The coupons annexed shall bear the facsimile signature of
the county treasurer. Said county commissioners may sell
at less than par or at not less than par said bonds at public
sale after publication of notice at least once each week for
three successive weeks, the first publication being at least
twenty-one days before the time of opening of bids, reserving,
however, the right to reject any and all bids, and may sell
at private sale all or any of said bonds not thus sold, at less
than par or at not less than par. Other particulars as to the
form, issuance and sale of bonds not fixed herein or by vote
of the commissioners may be determined by the county treas-
urer.
3. Presumption. Bonds and notes herein authorized pur-
porting on face to be issued by virtue and in pursuance of this
act, shall, in favor of bona fide holders be conclusively pre-
sumed to have been authorized and issued in accordance with
provisions herein contained ; and no holder thereof shall be
obliged to see to the application of the proceeds. The county
shall annually raise by taxation a sum sufficient to pay the
amounts of principal and interest of said bonds payable each
year.
4. Takes Effect. This act shall take effect upon its pas-
sage.
[Approved June 20, 1935.]
Section
2. Takes effect.
CHAPTER 322.
AN ACT PROVIDING FOR A SPECIAL VOTE IN THE TOWN OF ERROL.
Section
1. Authority granted.
Whereas, the vote in the town of Errol, at the biennial
election in November, 1934, on the question of allowing the
sale of beverages in said town resulted in a tie vote, and
Whereas, it is impossible to ascertain whether the voters
480 Chapter 323 [1935
of said town approved or disapproved of said sale, now there-
fore,
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. Authority Granted. The town of Errol is hereby au-
thorized to vote upon the following question: Shall beverages
be sold in this town under permits granted by the state liquor
commission under the provisions of chapter 99, Laws of 1933,
or amendments thereto; at a special meeting provided said
meeting is held prior to August 1, 1935. If a majority of the
qualified voters present and voting at said special meeting sig-
nify the disapproval of said question then the commission
shkll not issue permits in said town under the provisions of
said chapter 99. If a majority of the qualified voters present
and voting at said special meeting signify the' approval of said
question then the commission may at its discretion issue per-
mits under said chapter 99.
2. Takes Effect. This act shall take effect upon its pas-
sage.
[Approved June 20, 1935.]
CHAPTER 323.
AN ACT TO AMEND THE ACT ENABLING THE CITY OF MANCHESTER
TO ESTABLISH WATER-WORKS.
Section
1. Manchester water-works.
Section
2. Takes eflfect.
Be it enacted by the Senate and House of Representatives in
General Court convened:
1. M 
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