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

W53 
1337 




G-if t of New Hampshire 



LAWS 



OF THE 



STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1937 

LEGISLATURE CONVENED JANUARY 6, 
ADJOURNED AUGUST 21. 




CONCORD, N. H. 
1937 



Printed by 

The Granite State Press 

Manchester, N. H. 

Bound by 

Neal Printing and Binding Co. 

Dover, N. H. 



li 

/93r 




STATE OFFICERS 



Education, State Board of 



Governor Francis P. Murphy 

Virgil D. White 
Charles M. Dale 

Councilors I Thomas A. Murray 

Alvin A. Lucier 
George H. Rolfe 

Adjutant-General Charles W. Howard 

Agriculture, Commissioner of Andrew L. Felker 

Bank Commissioner Clyde M. Davis 

Comptroller Charles T. Patten 

Orton B. Brown 
Alice S. Harriman 
Robert T. Kingsbury 
James A. Wellman 
John C. Brooks 
Margaret S. Goodnow 
Adolphe L. Robert 

00 Commissioner of James N. Pringle 

"iln Fish a7id Game Department, Director. .Robert H. Stobie 

CO Forester, State John H. Foster 

[W. Robinson Brown 
Forestry and Recreation Commission. I -Benjamin K. Ayers 

t Harry K. Rogers 

Health, State Board of, Secretary .... Travis P. Burroughs 

Highway Commissioner Frederic E. Everett 

Insurance Commissioner John E. Sullivan 

Labor Commissioner John S. B. Davie 

State Board of Conciliation and [ John R. McLane 

Arbitration Walter F. Duffy 

[Karl E. Merrill 

Librarian, State Thelma Brackett 

[William A. Jackson 

Liquor Commission, State j F. Clyde Keefe 

(Walter G. White 

Motor Vehicles, Commissioner of John F. Griffin 

Planning and Development, State 

Planning Director Frederick P. Clark 

Publicity Director Donald D. Tuttle 



IV 



State Officers 



Public Service Commission 



Nelson L. Smith 
William H. Barry- 
Claude H. Swain 



Purchasing Agent Harold Cheney 

Secretary of State Enoch D, Fuller 

Deputy Harry E. Jackson 



Tax Commission, State 



John R. Spring 
John T. Amey 
John G. Marston 



Treasurer, State F. Gordon Kimball 

Deputy John J. Scammon 

Weights and Measures, Commissioner 

of William H. Marcotte, Jr. 

Welfare and Relief 

Director of Welfare Jay H. Corliss 

Director of Relief Harry 0. Page 



SUPREME COURT 

Chief Justice John E. Allen 

Thomas L. Marble 

Associate Justices Oliver W. Branch 

Peter Woodbury 
Elwin L. Page 

Attorney -General Thomas P. Cheney 

Assistant Dudley W. Orr 

State Reporter Crawford D. Hening 

Clerk of the Supreme Court George 0. Shovan 



SUPERIOR COURT 

Chief Justice Henri A. Burque 

Oscar L. Young 
Warren W. James 

Associate Justices | H. Thornton Lorimer 

Francis W. Johnston 



THE LEGISLATURE OF 1937 



SENATE 



President — Anson C. Alexander, Boscawen, r. 
Clerk — Benjamin F. Greer, Goffstown, r. 
Assistant Clerk— Frank M. Ayer, Alton, r. 
Sergeant-at-Arms — Raymond B. Lakcman, Laconia, r. 
Messenger — Benjamin W. Bragg, Alstead, r. 
Assistant Messenger — Charles C. Sargent, Concord, r. 
Doorkeeper — William W. Allen, Concord, r. 



SENATORS 



Emmet J. Kelley, Berlin, d. 
Lula J. A. Morris, Lancaster, r. 
John B. Eames, Littleton, r. 
Scott C. W. Simpson, Bartlett, r. 
Alfred W. Guyer, Hanover, r. 
George C. Stafford, Laconia, r. 
Anson C. Alexander, Boscawen, r. 
Howard H. Hamlin, Claremont, r. 
Allen M. Freeman, Concord, r. 
William B. Hanson, Gilsum, r. 
Don W. Randall, Troy, r. 
Philip C. Heald, Wilton, r. 



Arthur O. Burque, Nashua, d. 
Charles F. Eastman, Weare, d. 
Robert O. Blood, Concord, r. 
Allan M. Wilson, Manchester, r. 
Denis F. Mahoney, Manchester, d. 
J. Vincent Moran, Manchester, d. 
J. Felix Daniel, Manchester, d. 
Haven Doe, Somersworth, d. 
Austin L. Calef, Barrington, d. 
William M. Cole, Derry, r. 
Arthur J. Conner, Exeter, r. 
Charles A. Allen, Portsmouth, r. 



HOUSE OF REPRESENTATIVES 

Speaker — Oren V. Henderson, Durham, r. 
Clerk — Harrie M. Young*, Manchester, r. 
Assistant Clerk — Cyril J. Fretwell, Concord, r. 
Sergeant-at-Arms — Guy S. Neal, Acworth, r 
Chaplain — William Weston, Hancock, r. 
Reading Clerk — Francis H. Buffum, Dunbarton, r. 
Doorkeeper — Arthur A. Tilton, Laconia, r. 
Doorkeeper — Harry S. Yeaton, New Castle, r. 
Doorkeeper — Clifton B. Tarlson, Laconia, r. 
Doorkeeper — Lenne C. Twombly, Hill, r. 

ROCKINGHAM COUNTY 



Atkinson, Harry B. Tuttle, r. 
Auburn, Henry F. Dagan, d. 
Brentzuood, Bart E. Havican, r. 
Candia, William E. Shaw, r. 
Chester, Walter P. Tenney, r. 
Danville, Richard H. Dickinson, r. 
Deerfield, Carl M. Fogg, d. 
Derry, Ernest L. Abbott, r. 

Robert W. Burbank, r. 

Oliver H. Hepworth, r. 

Walter A. Pillsbury, r. 
Epping. Thomas W. Fecteau, d. 



Exeter, William A. McReel, r. 

Harry Merrill, r. 

George R. Scammon, r. 

Willard K. Tozier, r. 
Fremont, Clifton H. Beede, r. 
Greenland, Harold A. Syphers, r. 
Hampstead, Frank W. Emerson, r. 
Hampton, Herbert Perkins, r 
Hampton Falls, Forrest B. Creighton, r 
Kensington, D. Everett Palmer, d. 
Kingston, George B. Stevens, r. 
Londonderry, Frank A. Nesmith, r. 



Died. 



VI 



The Legislature of 1937 



Rockingham County — Continued 
New Castle, James W. Pridham, d. 
Newmarket, Eugene Rousseau, d. 

Leo J. Turcotte, d. 
Newton, A. Ralph Estabrook, r. 
North Hampton, Forrest E. Knowles, r. 
Northwood, William F. Mudge, r. 
Nottingham, Frank H. Fernald, r. 
Plaistozv, John A. Palmer, r. 
Portsmouth, 

Ward 1, Andrew J. Barrett, d. 
Mary C. Dondero, d. 
Patrick J. Kittredge, d. 
Ward 2, Harry H. Foote, r. 
Edwin W. Gray, r. 
Richard G. Pray, r. 



John H. Yeaton, r. 
Ward 3, William S. Canty, d. 

William Cogan, d. 
Ward 4, Frank W. Badger, d. 
Ward 5, Frederick Finnigan, d. 
William T. Rose, r. 
Raymond, Willie B. Gile, d. 
Rye, Walter G. Marston, r. 
Salem, Carl Manor, r. 

Leonard B. Peever, r. 
Sandown, Clarence L Drowne, r. 
Seabrook, Elihu T. Adams, r. 
Stratham, George C. Jewell, r. 
Windham, George H. Butterfield, Jr., r. 



STRAFFORD COUNTY 



Barrington, Bertha Hayes Atwood, r. 
Dover, 

Ward 1, Clifton R. Hayes, r. 

Samuel L. Henderson, d. 
John E. McCooey, d. 
Ward 2, Philias J. Chabot, d. 
Patrick J. Durkin, d. 
William A. Grimes, d. 
Ward 3, Philip P. Caswell, r. 

George W. Garland, r. 
Ward 4, Harold F. Blaisdell, d. 
Ernest L. Lucas, r. 
Dennis 'M. McDonough, d. 
Ward 5, Edward Durnin, d. 
Durham, Oren V. Henderson, r. 
Farmington, Carl C. Blanchard, r. 
Fred L. Richards, r. 
Lee, Frank L Caldwell, d. 
Middleton, Wesley J. Whitehousc, d. 
Milton, George W. Longley, r. 



New Durham, Ralph C. Jenkins, r. 
Rochester, 

Ward 1, Alfred Colby, d. 

Ward 2, Maitland J. Berry, d. 
Miles H. Dustin, d. 

Ward 3, Rudolph G. Cartier, d. 

Ward 4, Louis S. Bergeron, d. 
Hervey E. Turcotte, d. 

Ward 5, Spencer Dickinson, d. 

Ward 6, Ralph F. Seavey, r. 

Charles W. Varney, Jr., r. 
Rollinsford, George W. Nutter, d. 
Somersworth, 

Ward 1, Placide J. Lagueux, d. 

Ward 2, Napoleon A. Habel, d. 

Ward 3, Alfred J. Boucher, d. 

Ward '^,. Claire A. LaBonte, d. 
Romeo St. Laurent, d. 

Ward 5, Onesime J. Dubois, d. 
Strafford, William J. Elson*, r. 



BELKNAP COUNTY 



Alton, Charles A. Rollins, r. 
Barnstead, Harry E. Little, r. 
Belmont, Herbert C. Adams, r. 
Center Harbor, John T. White, r. 
Gilford, Perry E. Hunt, r. 
Gilmanton, Roy C. Edgerly, d. 



Laconia, 

Ward 1, David O'Shan, r. 

Geo. Wesley Tarlson, Jr., r. 
Ward 2, Alfred L. Guay, d. 

Fortunat A. Normandin, d. 
IVard 3, Elmer S. Tilton, r. 
IVard 4, Oscar L. Hoyt, r. 

Frederick A. Tilton, r. 



* Died. 



The Legislature of 1937 



Vll 



Belknap County — Continued 
Laconia — Continued 

Ward 5, Alfred J. Cantin, d. 

Harry S. Dickson, r. 
Ward 6, Frank E. Newell, r. 
Edward M. Sanders, r. 



Meredith, Norman R. Martin, d. 
Ernest W. Small*, r. 
New Hampton, Elsie Linn Smith, r. 
Sanbornton, Charles F. Helms, r. 
Tilton, Justin J. O'Shea, d. 



CARROLL COUNTY 



Bartlett, Uriah B. Russell, r. 

Brookfield, Guy L. Churchill, 

Chatham, Clarence Day, r. 

Conzuay, Elmer H. Downs, r. 
Perley W. Mudgett, 
Otis M. Quint, r. 

Eaton, Winfield S. Head, r. 

Freedom, Fred Huntress, d. 



Moultonborough, Edith D. Banfield, r. 
Ossipee, Mark H. Winkley, r. 
Sandwich, Charles B. Hoyt, r. 
Tamworth, Charles A. Wiggin, d. 
Wakefield, Ansel N. Sanborn, r. 
Wolfeboro, Ralph G. Carpenter, 2nd, r. 
Harold H. Hart, r. 



MERRIMACK COUNTY 



Allenstozmi, Alcide Courtemanche, d. 
Andover, Oliver H. Munroe, r. 
Boscawen, Harry W. Carter, d. 
Bow, Burt Brown, r. 
Concord, 

Ward 1, Charles P. Coakley, d. 

George Rivet, d. 
Ward 2, Ralph L. Stearns, d. 
Ward 2, George W. Kemp, r. 
Ward 4, Albert S. Baker, r. 

Arthur J. Boutwell, r. 
Paul Amos Mansur, r. 
Ward 5, Warren H. Butterfield, r. 

George A. Conlon, r. 
Ward 6, George H. Nash, r. 

Donald W. Saltmarsh, r. 
Arthur F. Sturtevant, r. 
John C. Tilton, r. 
Ward 7, Shirley Brunei, r. 

Donald G. Matson, r. 
George Azro Maxham, r. 
Craig Wylie, r. 
Ward 8, Simeon Sharaf, d. 



Jl'ard 9, William J. Ahern, d. 

Thomas F. Donovan, d. 
Epsom, Lewis H. Nutter, r. 
Franklin, 

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

Eusebe P. Lemire, d. 
Ward 2, John P. Dempsey, d. 

Louis H. Douphinett, d. 
Henniker, Silas A. Rowe, r. 
Hill, Angelo H. Fowler, r. 
Hooksett, Carl R. N. Johnson, r. 

Fred N. Mitchell, r. 
Hopkinton, John S. Ball, r. 
London, Charles L. Merrill, r. 
Nezu London, Fred S. Lovely, r. 
Northfield, Albert A. Carr, r. 
Pembroke, Antonio Dupont, d. 

Romeo J. Lavallee, d. 
Pittsfield, John H. Perkins, d. 

Robert H. Sanderson, d. 
Warner, Orton F. Hill, r. 
Webster, Adam E. IMock, r. 



HILLSBOROUGH COUNTY 



Amherst, Percy M. Odell, r. 
Antrim, Erwin D. Putnam, r. 
Bedford, Augustus W. Clark, r. 
Goffstown, Clarence J. Avery, r. 

R. Robert Matheson, r. 

Arthur E. Pattee, r. 



Greenfield, George A. Reynolds, r. 
Greenville, Bernadette E. Charois, d. 
Hancock, Foster Stearns, r. 
Hillsborough, George W. Boynton, r. 

Daniel W. Cole, r. 
Hollis, Edward Lievens, r. 



* Died. 



Vlll 



The Legislature of 1937 



Hillsborough County — Continued 
Hudson, Roland W. Abbott, r. 
Arthur W. Smith, r. 
Lyndehorough, Erwin E. Cummings, r. 
Manchester, 

Ward 1, Stoddard B. E. Chase, r. 

Joel S. Daniels, Sr., r. 

Sherman L. Greer, r. 

Edward T. Knowlton, r. 
Ward 2, Charles Henry Barnard, r. 

Perley W. Gage, r. 

Victor C. Johnson, r. 

Charles V. Kimball, r. 

Charles E. Woodbury, r. 
Ward 3, Joseph M. Barry, d. 

Dennis Casey, d. 

Michael J. Dwyer, d. 

Martin A. Kelley, d. 

Michael A. Talty, d. 
Ward 4, John F. Clark, d. 

James K. Clougherty, d. 

William W. Corey, d. 

Patrick J. Sullivan, d. 
Ward 5, Stanley J. Betley, d. 

William F. Clancy, d. 

George T. Healy, d. 

Arthur J. Lacroix, d. 

Martin L. Mahoney, d. 

John C. O'Brien, d. 

Patrick J. Sweeney, d. 
IVard 6, William J. Booth, d. 

Arthur J. Connelly, d. 

Paul J. Connolly, d. 

Frank M. Fox., Jr., d. 

John P. Jordan, d. 

John J. Sullivan, d. 
Ward 7 , Francis A. Farrell, d. 

John Fitzgerald, d. 

Alcide R. Gagnon, d. 

■Mark J. Gorham, d. 

John A. Hanley, d. 

John J. Horan, d. 
Ward 8, Frank J. Bolton, d. 

Edward F. Bouthictte, d. 

Joseph Chevrette, d. 
George N. Constant, d. 
Michael S. Donnelly, d. 
Henry Farland, d. 
Eugene Poulin, d. 



John E. Walsh, d. 
Ward 9, John F. Driscoll, d. 

Timothy F. Hayes, d. 

Leon R. Lareau, d. 
Ward 10, Francis L. Gallagher, d. 

Philippe Gaudreault, d. 

John J. Kearns, d. 

George L Van Vliet, d. 
Ward 11, Henry E. Cullen, d. 

Joseph B. Haggerty, d. 

Edwin B. Kelley, d. 

Francis H. Sweeney, d. 
Ward 12, Joseph P. Aubin, d. 

Charles A. Caron, d. 

George E. Desruisseaux, d. 

Alpha J. Letendre, d. 

Louis J. Soucy, d. 
Ward 13, Almon A. Boisvert, d. 

Henry J. Janelle, d. 

Wilfred S. Lariviere, d. 

Lionel V. Lesmerises, d. 

Arthur H. St. Germain, d. 
Merrimack, Claude M. Maker, r. 
Milford, George R. Foster, r. 
C. Bradley Frost, r. 
Fred T. Wadleigh, r. 
Nashua, 
Ward 1, Blaylock Atherton, r. 

Mabel Thompson Cooper, r. 

Stanley James, r. and d. 
Ovid F. Winslow, r 
Ward 2, Louis H. Armington, r. 

Patrick J. Duclos, r. 
Ward 3, John E. Bernard, d. 

Robert J. Dube, d. 

Sylvio C. Vigneault, d. 
Ward 4, Timothy R. Drumm, d. 

Thomas F. Sullivan, d. 
Ward 5, Adelard Berube, d. 

Edward DeLacombe, d. 

Emile E. Marquis, d. 
Ward 6, Paul A. Moran, d. 

Theodore O. Ravenelle*, d 

Robert St. Francois, d. 
Ward 7, John A. Ledoux, d. 

Frank A. Lougee, d. 

William F. Maddox, Jr., d. 



* Died. 



The Legislature of 1937 



IX 



HiLLSBOROUfiH CouNTY — Continued 
Nashua — Continued 

Ward 8, Rodolphe Cormier, d. 
William A. Molloy, d. 
Aldege A. Noel, d. 
John D. Wilcox, d. 
Ward 9, Paul E. Bouthillier, d. 
Joseph P. Poney, d. 
New Boston, John E. Corliss, ind. 



New Ipswich, William T. Thompson, r. 
Felham, Richard H. Currier, r 
Peterborough, George D. Cummings, r 

Martin A. Hafeli, r. 
Temple, Edward E. Tuttle, r. 
Weare, John F. Tierney, r. 
Wilton, Harold D. Cheever, r. 



CHESHIRE COUNTY 



Alstead, Henry LeRoy Estabrook, r. 
Chesterfield, E. James Winslow, r. 
Fitswilliam, Julius H. Firmin, r. 
Hillsdale, Abbie H. Robertson, r. 
Jaffrey, Alfred S. Despres, d. 

Jason C. Sawyer, r. 
Keene, 

Ward 1, William J. Callahan, r. 
James C. Graves, r. 
George F. Knowlton, r. 
Arthur Olson, r. 
Ward 2, William E. Jones, r. 

Dayton L. Park, r. 
Ward 2, Wilder F. Gates, r. 
Cowling Hilton, r. 
Ward 4, Marquis O. Spaulding, r. 
Clarence A. Wardwell*, r. 



Ward 5, John M. Duffy, d. 
Carl D. Roche, d. 
Marlborough, Fred D. Hemenway, r. 
Nelson, Gordon F. Tolman, r. 
Rindgc, Harris H. Rice, r. 
Sullivan, John H. Woodbury, r. 
Surry-, Robert M. Grain, r. 
Szvanzey, Joseph A. Dubois, r. 

William R. Granger, r. 
Troy, Ernest F. Barrett, d. 
Walpole, William J. King, r. 

James T. Relihan, d. 
Westmoreland, Glenn E. Britton, r. 
Winchester, Winfred C. Burbank, r. 
Eli J. Horner, r. 



SULLIVAN COUNTY 



Acworth, H. Raymond Danforth, r. 
Charlestown, Charles S. Hutchins, r. 
Claremont, Herbert C. Chandler, d. 

James D. Daly, d. 

Clarence B. Etsler, r. 

William L. Gaffney, d. 

P. Earl Hosking, d. 

Earl F. Howe, r. 

Charles H. Putnam, r. 

Erwin W. Quimby, d. 

Thomas J. Sheehan, d. 

Edwin A. Thomas, d. 



Cornish, Eben M. Johnson, r. 
Goshen, Lester E. Brigham, r. 
Newport, Maurice H. Cummings, d. 

Harold G. Fairbanks, r. 

John R. Kelly, r. 

Leon E. Kempton, d. 
Plainfield, Fred A. Rogers, r. 
Sunapee, Leo L. Osborne, d. 
Unity, George B. Cram, d. 



* Died. 



The Legislature of 1937 



GRAFTON COUNTY 



Alexandria, David B. Plumer*, r. 
Ashland, Abraham L. Davis, Jr., r. 
Bath, Adalbert W. Bailey, r. 
Bethlehem, Harry A. Goodwin, d. 
Bridgewater, Harris W. Hammond, r. 
Bristol, Willard S. H. Remick, r. 
Campton, Bertram W. Pulsifer, r. 
Canaan, Joseph L. Graham, r. 
Enfield, Herbert E. Walbridge, r. 
Groton, Warren A. Remick, d. 
Hanover, Edgar H. Hunter, r. 

William J. Lanyon, r. 

Francis V. Tuxbury, r. 
Haverhill, Clarence L. Bailey, r. 

Hormidas J. Brunelle, r. 

Herbert E. Smith, r. 
Holderness, Harold F. Perkins, d. 
Landaff, Harry G. Titus, r. 
Lebanon, William Dubuque, d. 

Harold C. French, d. 

Florence Ward Hoyt, r. 



Fred A. Jones, r. 

Joseph B. Perley, r. ■ 

Mabel Sliney, d. 
Lincoln, Francis E. Madden, d. 
Lisbon, James E. Collins, r. 

Arthur L. Hamilton, r. 
Littleton, Jacob F. Hildebrand, r. 

Herbert S. Lewis*, r. 

Charles E. Magoon, r. 

Ada A. Soper, r. 
Lyme, Frank H. Bailey, r. 
Monroe, Jed B'. Jones, r. 
Orford, Edgar C. Lufkin, r. 
Piermont, Earl V. Howard, r. 
Plymouth, Kenneth G. Bell, r. 

Harry A. Merrill, d. 
Rumney, John Z. Taylor, r. 
Thornton, Charles R. Houston, r. 
Warren, Samuel H. Dreghorn, r. 
IVentworth, Lester C. Hutchins, d. 
Woodstock, Harry D. Sawyer, d. 



COOS COUNTY 



Berlin, 
Ward 1, Margaret H. Barden, d. 

Peter Collette, d. 

Elisabeth H. Mason, d. 

Henry AL Moffett, d. 

Joseph F. Roy, d. 
Ward 2, Harry L. Henderson, d. 

Aristide T. Montminy, d. 

Albert G. Palmer, d. 

George T. Studd, d. 
Ward 2, Hilda C. F. Brungot, r. 

Raoul L. Ramsey, d. 

Arthur F. Snodgrass, r. 
Ward 4, Esther C. Bixby, d. 

Alphonsine M. Dugas, d. 

Patrick L. Dutil, d. 

Letitia Jane Myler, d. 
Carroll, Joseph A. Seymour, d. 



Clarksville, Charles L. Felton, r. 
Colebrook, George W. Dickson, r. 

Louis Ramsay, r. 
Columbia, Albion Parkhurst, r. 
Errol, Arthur K. Jordan, r. 
Gorham, Charles A. Chandler, d. 

Merton M. Willis, r. 
Jefferson, Edward D. Parker, r. 
Lancaster, Arthur C. Cryan, r. 

William H. Thompson, r. 
Milan, Lloyd E. Fogg, r. 
Northumberland, Albert R. Johnson, d 
Clarence A. Marshall, 
Pittsburg, Willie N. Judd, d. 
Shelburne, Maud G. Rix, r. 
Stewartstozvn, Albert L. Fuller, r 
Stratford, Loyal P. Brown, d. 
Whitefield, George W. Whitcher, r. 



* Died. 



LAWS 

OF THE 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1937 



CHAPTER 1 

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 I Section 

1. Provisions extended. | 2. Takes effect. 

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

1. Provisions Extended. Amend section 8 of chapter 63, 
Laws of 1933, as amended by chapter 39, Laws of 1935, by 
striking out said section and inserting in place therefor the 
following : 8. Duration of Authority. The authority given 
to the governor and council to issue certificates of emergency 
or to guarantee the payment of loans made by virtue of such 
certificates shall continue for the term of six 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 
passage. 

[Approved February 10, 1937.] 



2 Chapters 2, 3 [1937 

CHAPTER 2. 

AN ACT REIATING TO THE TAKING OF PICKEREL IN LAKE WINNI- 

PESAUKEE, LAKE MASSABESIC, SQUAM LAKE AND 

LAKE WINNISQUAM. 

Section | Section 

1. Taking pickerel. I 2. Takes effect. 

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

1. Taking. Amend section 12 of chapter 201 of the Public 
Laws as inserted by section 5, chapter 124 of the Laws of 
1935, by striking out said section and inserting in place thereof 
the following: 12. Pickerel. Pickerel not less than twelve 
inches in length may be taken and possessed from June first to 
January sixteenth, except that in Lake Winnipesaukee, Lake 
Massabesic, Squam Lake and Lake Winnisquam pickerel of not 
less than twelve inches in length may be taken and possessed 
from June first to April first. A person may take not more 
than ten pounds of pickerel in one day, provided that so long as 
he has taken less than ten pounds he shall be entitled to one 
additional fish. 

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

[Approved February 10, 1937.] 



CHAPTER 3. 

AN ACT RELATING TO THE TAKING OF FOX. 

Section I Section 

I. Change in season and limit. | 2. Takes effect. 

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

1. Change in Season and Limit. Amend section 2 of 
chapter 200 of the Public Laws, as amended by section 4 of 
chapter 124 of the Laws of 1935, by striking out the whole of 
said section and inserting in place thereof the following: 
2. Fox. Fox may be taken and possessed with the aid or by 
the use of a dog and gun from September first to March first, 
and by the use of traps from November first to March first. 



1937] Chapters 4. 5 3 

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

[Approved February 10, 1937.] 



CHAPTER 4. 

AN ACT RELATING TO DIVORCE. 

Section I Section 

1. Cause for divorce. | 2. Takes effect. 

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

1. Cause for Divorce. Amend paragraph IV of section 6, 
of chapter 287 of the Public Laws by striking out said para- 
graph and inserting in place thereof the following: IV. 
Conviction of either party, in any state or federal district, of a 
crime punishable with imprisonment for more than one year 
and actual imprisonment under such conviction, 

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

[Approved February 10, 1937.] 



CHAPTER 5. 



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



Section 

3. Takes effect. 



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 pub- 
He 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, $114.34 

Atkinson, seventy-eight cents $0.78 

Auburn, one dollar and twenty-six cents 1.26 



4 Chapter 5 [1937 

Brentwood, eighty cents $0.80 

Candia, one dollar and thirty-seven cents 1.37 

Chester, one dollar and twenty-six cents 1.26 

Danville, fifty-seven cents .57 

Deerfield, one dollar and four cents 1.04 

Derry, eight dollars and seventy-five cents 8.75 

East Kingston, fifty-eight cents .58 

Epping, one dollar and eighty-five cents 1.85 

Exeter, thirteen dollars and two cents 13.02 

Fremont, one dollar and two cents 1.02 

Greenland, ninety cents .90 

Hampstead, one dollar and twenty-nine cents 1.29 

Hampton, eight dollars and fifty-six cents 8.56 

Hampton Falls, one dollar and nineteen cents 1.19 

Kensington, sixty-four cents .64 

Kingston, one dollar and thirty-four cents 1.34 

Londonderiy, one dollar and eighty-six cents 1.86 

New Castle, one dollar and forty-two cents 1.42 

Newfields, sixty-seven cents .67 

Newington, seventy-nine cents .79 

Newmarket, two dollars and sixty-three cents 2.63 

Newton, one dollar and three cents 1.03 

North Hampton, three dollars and twenty-five cents . . 3.25 

Northwood, one dollar and thirty-nine cents 1.39 

Nottingham, ninety-two cents .92 

Plaistow, one dollar and fifty-eight cents 1.58 

Portsmouth, thirty-five dollars and seventy-seven 

cents 35.77 

Raymond, one dollar and ninety-one cents 1.91 

Rye, four dollars and seventy-six cents 4.76 

Salem, four dollars and ninety-seven cents 4.97 

Sandown, thirty-nine cents .39 

Seabrook, one dollar and forty-eight cents 1.48 

South Hampton, forty-three cents .43 

Stratham, one dollar and seventeen cents 1.17 

Windham, one dollar and seventy cents 1.70 

Strafford County, $74.07 

Harrington, one dollar and twenty-five cents $1.25 

Dover, twenty-eight dollars and seventy-three cents . . 28.73 

Durham, three dollars and twenty-nine cents 3.29 



1937J Chapter 5 5 

Farmington, three dollars and seventy-seven cents. . $3.77 

Lee, seventy-three cents .73 

Madbury, sixty-three cents .63 

Middleton, eighteen cents .18 

Milton, two dollars and ninety-one cents 2.91 

New Durham, seventy-two cents .72 

Rochester, nineteen dollars and fifty-six cents 19.56 

Rollinsford, two dollars and thirty-seven cents 2.37 

Somersworth, eight dollars and eighty-two cents .... 8.82 

Strafford, one dollar and eleven cents 1.11 

Belknap County, $50.30 

Alton, three dollars and forty-two cents $3.42 

Barnstead, one dollar and nineteen cents 1.19 

Belmont, one dollar and seventy-two cents 1.72 

Center Harbor, one dollar and forty-two cents 1.42 

Gilford, two dollars and thirty-eight cents 2.38 

Gilmanton, one dollar and twenty-four cents 1.24 

Laconia, twenty-five dollars and sixty-one cents .... 25.61 

Meredith, four dollars and ninety-six cents 4.96 

New Hampton, two dollars and fifty-three cents ... 2.53 

Sanbornton, one dollar and forty-two cents 1.42 

Tilton, four dollars and forty-one cents 4.41 

Carroll County, $33.62 

Albany, twenty-eight cents $0.28 

Bartlett, one dollar and sixty-nine cents 1.69 

Brookfield, forty-one cents .41 

Chatham, thirty-one cents .3L 

Conway, five dollars and thirty-nine cents 5.39 

Eaton, thirty-six cents .36 

Effingham, sixty cents .60 

Freedom, eighty-six cents .86 

Hart's Location, thirteen cents .13 

Jackson, one dollar and eighteen cents 1.18 

Madison, ninety-five cents .95 

Moultonborough, three dollars and forty-four cents . . 3.44 

Ossipee, two dollars and forty-one cents 2.41 

Sandwich, two dollars and forty-five cents 2.45 

Tamworth, two dollars and thirty-two cents 2.32 

Tuftonboro, two dollars and eighteen cents 2.18 



6 Chapter 5 [1937 

Wakefield, two dollars and forty-seven cents $2.47 

Wolfeboro, six dollars and nineteen cents 6.19 

Merrimack County, $130.14 

Allenstown, two dollars and twenty-three cents $2.23 

Andover, two dollars and thirty-eight cents 2.38 

Boscawen, two dollars and forty-five cents 2.45 

Bow, two dollars and forty-one cents 2.41 

Bradford, one dollar and fifty cents 1.50 

Canterbury, one dollar and nine cents 1.09 

Chichester, one dollar and six cents 1.06 

Concord, sixty-seven dollars and fifty-four cents .... 67.54 

Danbury, seventy-six cents .76 

Dunbarton, ninety-seven cents .97 

Epsom, one dollar and fifty-three cents 1.53 

Franklin, twelve dollars and seventy-seven cents .... 12.77 

Henniker, two dollars and seventy-nine cents 2.79 

Hill, one dollar and twelve cents 1.12 

Hooksett, three dollars and twenty-four cents 3.24 

Hopkinton, three dollars and fifty-four cents 3.54 

Loudon, one dollar and thirty-five cents 1.35 

Newbury, two dollars and two cents 2.02 

New London, three dollars and twenty-eight cents . . 3.28 

Northfield, two dollars and thirteen cents 2.13 

Pembroke, four dollars and thirty-eight cents 4.38 

Pittsfield, three dollars and seventy-two cents 3.72 

Salisbury, ninety cents .90 

Sutton, one dollar and fifteen cents 1.15 

Warner, two dollars and twenty-four cents 2.24 

Webster, ninety-five cents .95 

Wilmot, sixty-four cents .64 

Hillsborough County, $290.88 

Amherst, two dollars and seventeen cents $2.17 

Antrim, two dollars and twenty-nine cents 2.29 

Bedford, two dollars and eighty-eight cents 2.88 

Bennington, one dollar and sixty-five cents 1.65 

Brookline, eighty-eight cents .88 

Deering, sixty-six cents .66 

Francestown, ninety-one cents .91 

Goffstown, six dollars and ninety-five cents 6.95 



1937] Chapter 5 7 

Greenfield, ninety-nine cents $0.99 

Greenville, two dollars and thirty-six cents 2.36 

Hancock, one dollar and sixty-seven cents 1.67 

Hillsborough, four dollars and sixty-nine cents 4.69 

Hollis, one dollar and seventy-five cents 1.75 

Hudson, three dollars and thirty-five cents •. . 3.35 

Litchfield, seventy-six cents .76 

Lyndeborough, one dollar 1.00 

Manchester, one hundred sixty-three dollars and 

seventy-nine cents 163.79 

Mason, forty-six cents .46 

Merrimack, two dollars and fifty-two cents 2.52 

Milford, seven dollars and eighty cents 7.80 

Mont Vernon, eighty cents .80 

Nashua, sixty-two dollars and twenty cents 62.20 

New Boston, one dollar and fifty cents 1.50 

New Ipswich, one dollar and fifty cents 1.50 

Pelham, one dollar and fifty-one cents 1.51 

Peterborough, seven dollars and fifty-four cents .... 7.54 

Sharon, twenty-six cents .26 

Temple, forty-five cents .45 

Weare, two dollars and thirty-five cents 2.35 

Wilton, three dollars and fifteen cents 3.15 

Windsor, nine cents .09 

Cheshire County, $74.06 

Alstead, one dollar and twenty-six cents $1.26 

Chesterfield, two dollars and five cents 2.05 

Dublin, three dollars and twenty-two cents 3.22 

Fitzwilliam, one dollar and thirty-eight cents 1.38 

Gilsum, forty-nine cents .49 

Harris ville, one dollar and fifty-five cents 1.55 

Hinsdale, five dollars and thirty cents 5.30 

Jaff'rey, six dollars and twenty-one cents 6.21 

Keene, thirty dollars and eighty-one cents 30.81 

Marlborough, two dollars and twenty-three cents. . . . 2.23 

Marlow, forty-seven cents .47 

Nelson, fifty-eight cents .58 

Richmond, forty-three cents .43 

Rindge, one dollar and eighty cents 1.80 

Roxbury, nineteen cents .19 



8 Chapter 5 [1937 

Stoddard, seventy cents $0.70 

Sullivan, thirty-one cents .31 

Surry, fifty-four cents .54 

Swanzey, two dollars and sixty-two cents 2.62 

Troy, one dollar and seventy-two cents 1.72 

Walpole, six dollars and six cents 6.06 

Westmoreland, ninety-three cents .93 

Winchester, three dollars and twenty-one cents 3.21 

Sullivan County, $46.85 

Acworth, fifty-eight cents $0.58 

Charlestown, three dollars and six cents 3.06 

Claremont, twenty-three dollars and fifty-five cents . . 23.55 

Cornish, one dollar and sixty-five cents 1.65 

Croydon, sixty-six cents .66 

Goshen, forty-four cents .44 

Grantham, thirty-six cents .36 

Langdon, thirty-seven cents .37 

Lempster, thirty-eight cents .38 

Newport, eight dollars and sixty-four cents 8.64 

Plainfield, one dollar and sixty-four cents 1.64 

Springfield, sixty-nine cents .69 

Sunapee, three dollars and fifty-two cents 3.52 

Unity, fifty-five cents .55 

Washington, seventy-six cents .76 

Grafton County, $107.35 

Alexandria, eighty-one cents $0.81 

Ashland, three dollars and one cent 3.01 

Bath, one dollar and fifty cents 1.50 

Benton, twenty-five cents .25 

Bethlehem, five dollars and twenty-eight cents 5.28 

Bridgewater, ninety-eight cents .98 

Bristol, four dollars and sixty-five cents 4.65 

Campton, two dollars and twenty-six cents 2.26 

Canaan, two dollars and fourteen cents 2.14 

Dorchester, thirty-seven cents .37 

Easton, twenty-one cents .21 

Ellsworth, five cents .05 

Enfield, two dollars and forty-six cents 2.46 

Franconia, one dollar and seventy-one cents 1.71 



1937] Chapter 5 9 

Grafton, eighty-eight cents $0.88 

Groton, seventy-three cents .73 

Hanover, ten dollars and one cent 10.01 

Haverhill, six dollars and seventy cents 6.70 

Hebron, ninety-one cents .91 

Holderness, two dollars and seventy cents 2.70 

Landaff, fifty-one cents .51 

Lebanon, thirteen dollars and fifty-eight cents 13.58 

Lincoln, two dollars and eleven cents 2.11 

Lisbon, four dollars and ninety-four cents 4.94 

Littleton, eight dollars and fifty-nine cents 8.59 

Livermore, thirty-eight cents .38 

Lyman, fifty-two cents .52 

Lyme, one dollar and fifty-three cents 1.53 

Monroe, thirteen dollars and fifty-three cents 13.53 

Orange, twenty cents .20 

Orford, one dollar and twenty-six cents 1.26 

Piermont, one dollar and three cents 1.03 

Plymouth, five dollars and seventy-four cents 5.74 

Rumney, one dollar and forty-two cents 1.42 

Thornton, seventy-four cents .74 

Warren, one dollar and seven cents 1.07 

Waterville, twenty-one cents .21 

Wentworth, eighty-nine cents .89 

Woodstock, one dollar and forty-nine cents 1.49 

Coos County, $75.05 

Berlin, twenty-nine dollars and eleven cents $29.11 

Carroll, two dollars and fifty-two cents 2.52 

Clarksville, seventy-seven cents .77 

Colebrook, three dollars and seventy-two cents 3.72 

Columbia, eighty-four cents .84 

Dalton, seventy-seven cents .77 

Dummer, fifty-five cents -55 

Errol, one dollar and eleven cents 1.11 

Gorham, eight dollars and seventy-five cents 8.75 

Jefferson, one dollar and fifty cents 1.50 

Lancaster, six dollars and sixty cents 6.60 

Milan, one dollar and two cents 1-02 

Northumberland, four dollars and eleven cents 4.11 

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



10 Chapter 6 [1937 

Randolph, seventy-eight cents $0.78 

Shelburne, ninety-three cents .93 

Stark, sixty-six cents .66 

Stewartstown, one dollar and forty-eight cents 1.48 

Stratford, one dollar and ninety-five cents 1.95 

Wentworth's Location, eighteen cents .18 

Whitefield, three dollars and eighty-two cents 3.82 

Unincorporated Places, $3.34 

Cambridge, eighty-one cents $0.81 

Crawford's Purchase, seven cents .07 

Dixville, ninety-six cents .96 

Dix's Grant, eighteen cents .18 

Erving's Grant, one cent .01 

Gilmanton and Atkinson Academy Grant, three cents .03 

Green's Grant, nine cents .09 

Hale's Location, one cent .01 

Millsfield, thirty-six cents .36 

Odell, twenty-six cents .26 

Sargent's Purchase, ten cents .10 

Second College Grant, eleven cents .11 

Success, twenty-five cents .25 

Thompson and Meserve Purchase, ten cents .10 

2. Limitation. The same shall be the proportion of assess- 
ment 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 
passage. 

[Approved February 17, 1937.] 



CHAPTER 6. 

AN ACT RELATING TO BULKY ARTICLE ATTACHMENTS. 

Sfxtion I Section 

1. Attachment of motor vehicles I 2. Takes effect. 

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

1. Attachment of Motor Vehicles. Amend section 23 of 
chapter 332 of the Public Laws by adding after the words 



1937] Chapter 7 11 

"inflammable qualities" in line three the words, including 
motor vehicles, trucks, trailers and tractors, so that said sec- 
tion as amended shall read as follows : 23. Bulky Articles, 
etc. The officer taking possession to levy upon or attaching 
any live stock or articles which, by reason of their size, situa- 
tion, fluidity, explosive or inflammable qualities, including 
motor vehicles, trucks, trailers and tractors, are incapable of 
being conveniently taken into actual possession, may, within 
forty-eight hours thereafter, leave an attested copy of the writ, 
and of his return of such taking possession or such attachment 
thereon, at the home or office of the town clerk in the same 
manner as attachment of real estate is made, except as to the 
place of filing the copy ; and in such cases the attachment shall 
not be dissolved or defeated by any neglect of the officer to 
take actual possession of the property. 

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

[Approved February 17, 1937.] 



CHAPTER 7. 

AN ACT RELATING TO THE PENALTY FOR AGGRAVATED ASSAULTS. 

Section I Section 

1. Change in penalty. I 2. Takes effect. 

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

1. Change in Penalty. Amend section 28 of chapter 392 of 
the Public Laws by striking out the words "one year" in the 
third line and inserting in place thereof the words, three years, 
and by striking out the word "two" in the second line and in- 
serting in place thereof the word, five, so that said section as 
amended shall read as follows: 23. Aggravated Assaults. 
If the offense is of an aggravated nature, the offender shall be 
fined not more than five hundred dollars, or imprisoned not 
more than three years, or both. 

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

[Approved February 17, 1937.] 



12 Chapter 8 [1937 

CHAPTER 8. 

AN ACT RELATING TO INVESTMENTS BY GUARDIANS. 

Section | Section 

1. Investments by guardians. i 2. Repeal ; takes effect. 

Be it enacted by the Senate and House of Re^presentatives in 
General Court convened: 

1. Investments by Guardians. Amend section 22 of chap- 
ter 290 of the Public Laws as amended by chapter 71 of the 
Laws of 1931 by adding at the end of sub-section I the words, 
or in notes or bonds secured by mortgage insured by the 
federal housing administrator and guaranteed by the United 
States of America; further amend said section 22 by striking 
from sub-section III the words "with the exception of stocks 
in banking corporations and trust companies"; so that said 
section as amended shall read as follows : 

22. Approved Classes. Every guardian of a minor shall 
invest, in the name of his ward, or in his own name as 
guardian, the money and the proceeds of all real and personal 
property of his ward not required for the ward's support in 
the following described classes of property only: 

L In notes secured by mortgage of real estate at least 
double in value of the notes, or in notes or bonds secured by 
mortgage insured by the federal housing administrator and 
guaranteed by the United States of America. 

II. By deposit in some incorporated savings bank in this 
state, or in the savings department of a national bank or trust 
company located in this state. 

III. In such other stocks and bonds as are legal invest- 
ments for savings banks in this state. 

2. 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 February 17, 1937.] 



1937] Chapters 9, 10 13 

CHAPTER 9. 

AN ACT RELATING TO EMERGENCY PUBLIC WORKS. 

Section I Section 

1. Extension of authority. | 2. Takes effect. 

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

1. Extension of Authority. Amend section 29 of chapter 
113 of the Laws of 1935 by striking out the word and figures 
"June 30, 1937" in the sixth and seventh lines and inserting in 
place thereof the word and figures December 31, 1939, so that 
said section as amended shall read as follows: 29. Termina- 
tion of Power to Issue Bonds. Except in pursuance 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 district or village 
district shall borrow any money or deliver any bonds pursuant 
to the provisions of this act after December 31, 1939. 

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

[Approved February 25, 1937.] 



CHAPTER 10. 

AN ACT REGARDING LIENS ON REAL ESTATE. 

Section I Section 

1. Extension of lien. I 2. Takes effect. 

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

1. Extension of Lien. During the calendar years of 1937 
and 1938 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. 

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

[Approved February 25, 1937.] 



14 Chapters 11, 12 [1937 

CHAPTER 11. 

AN ACT TO INCREASE THE SALARY OF SOLICITOR OF SULLIVAN 



COUNTY. 



Section 
2. Takes effect. 



Section 

1. Salary of solicitor of Sullivan 
county. 

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

1. Salary of Solicitor of Sullivan County. Amend section 
20, chapter 16 of the Public Laws, as amended by chapters 76 
and 152 of the Laws of 1931, by striking out the word "eight," 
after the word "Sulhvan" in the eleventh line, and inserting in 
place thereof the word twelve, so that said section as amended 
shall read : 20.* Salaries. The annual salaries of the solici- 
tors in the several counties shall be as follows : 

In Rockingham, fifteen hundred dollars; 

In Strafford, twelve hundred dollars; 

In Belknap, nine hundred dollars; 

In Carroll, eight hundred dollars ; 

In Merrimack, twelve hundred and fifty dollars; 

In Hillsborough, twenty-five hundred dollars; 

In Cheshire, eight hundred dollars ; 

In Sullivan, twelve hundred dollars; 

In Grafton, twelve hundred dollars; 

In Coos, fifteen hundred dollars. 

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

[Approved February 25, 1937.] 



CHAPTER 12. 

AN ACT RELATING TO THE TERMS OF THE PROBATE COURT FOR 
THE COUNTY OF STRAFFORD. 

Section I Sf.ction 

1. Strafford probate court, terms. | 2. Takes effect. 

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

1. Strafford Probate Court, Terms. Amend section 2, 
chapter 295 of the Public Laws, by striking out the whole 



* Amended, chapter 117, post. 



1937] Chapters 13, 14 15 

thereof and substituting the following therefor : 2. Strafford. 
For the county of Strafford, — at Dover, on the first Tuesday of 
July and August, and on the first and third Tuesdays of other 
months. 

2. Takes Effect. This act shall take effect May 1, 1937. 

[Approved February 25, 1937.] 



CHAPTER 13. 

AN ACT CHANGING THE NAME OF SNAKE POND IN THE TOWN OF 

OSSIPEE. 

Section | Section 

1. Name changed. 1 2. Takes effect. 

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

1. Name Changed. The name of Snake Pond in the town 
of Ossipee is hereby changed to Mystery Pond. 

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

[Approved February 25, 1937.] 



CHAPTER 14. 

AN ACT RELATIVE TO CLOSING NORTH RIVER LA.KE IN THE TOV^^NS 

OF NORTHWOOD, NOTTINGHAM AND BARRINGTON TO 

ICE FISHING. 

Section I Section 

1. Closed to ice fishing. i 2. Takes effect. 

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

1. Closed to Ice Fishing. Amend chapter 155 of the Laws 
of 1935 by inserting after section 5 the following new section : 
5 -a. North River Lake. North River lake in the towns of 
Northwood, Nottingham and Barrington is hereby closed to 
fishing through the ice.* 

2. 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 March 3, 1937.] 



* Amended, chapter 188, post. 



16 Chapters 15, 16 [1937 

CHAPTER 15. 

AN ACT RELATING TO INSPECTORS OF ELECTIONS. 

Section I Section 

1. Election inspectors. | 2. Takes effect. 

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

1. Election Inspectors. Amend section 25 of chapter 26 of 
the Pubhc Laws, as amended by section 1 of chapter 12 of the 
Laws of 1929, by striking out the whole of said section and 
substituting therefor the following: 25. Appointment. The 
mayor and board of aldermen of each city and the selectmen 
of each town, at some time between the first and tenth days of 
October preceding the biennial election, shall appoint, as addi- 
tional election officers to act with the clerk, moderator, and 
selectmen at each polling place, four inspectors. Provided 
that, if the number of voters qualified to vote at such polling 
place shall exceed two thousand, the mayor and board of alder- 
men of each city and the selectmen of each town may appoint 
for such polling place two additional inspectors for each addi- 
tional two thousand quahfied voters or fraction thereof. 

2. Takes Effect. This act shall take eff'ect upon its 
passage. 

[Approved March 3, 1937.] 



CHAPTER 16. 



AN ACT AUTHORIZING THE STATE BOARD OF HEALTH TO MAKE 

SANITARY REGULATIONS FOR INTERSTATE WATERS USED 

AS SOURCES OF PUBLIC DRINKING WATER SUPPLY. 



Section 
2. Takes effect. 



Section 

1. State board of health, authority 
to make certain regulations. 

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

1. State Board of Health. Amend chapter 141 of the 
Public Laws by inserting after section 15, as amended by 
chapter 10 of the Laws of 1933, the following new section : 
15-a. Regulations for Interstate Waters Used as Sources of 
Public Water Supply by Adjoining States. For the purpose of 



1937] Chapter 17 17 

protecting the purity of interstate waters used as sources of 
public drinking water supply by adjoining states, and with a 
view to reciprocal action by such adjoining states for the bene- 
fit of this state, the state board of health is hereby authorized, 
at the request of the state health department of an adjoining 
state, to make regulations for the protection of the purity of 
the waters of any lakes, ponds, streams and reservoirs within 
any specified drainage area in this state, tributary to any pub- 
lic drinking water supply for such adjoining state. 

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

[Approved March 11, 1937.] 



CHAPTER 17. 

AN ACT RELATING TO THE WEIGHING OF MILK. 



Section 

1. Weight certificate for milk. 

2. Penalty. 



Section 

3. Enforcement. 

4. Takes effect. 



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

1. Weight Certificate for Milk. Every person who shall 
receive any milk or cream at milk receiving stations as defined 
in section 54, chapter 163, of the Public Laws shall upon re- 
ceipt of said milk or cream furnish to the producer a certifi- 
cate of weight which shall contain the name and address of the 
receiving station, the name or account number of the producer, 
the date and the weight of the milk or cream received. 

2. Penalty. Any person who refuses or fails to furnish the 
weight certificate required by the preceding section shall be 
fined not less than twenty nor more than two hundred dollars. 

3. Enforcement. It shall be the duty of the commissioner 
of weights and measures to enforce the provisions of this act. 

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

[Approved March 11, 1937.] 



18 Chapter 18 [1937 

CHAPTER 18. 

AN ACT RELATING TO THE LICENSING OF COLD STORAGE 
WAREHOUSES. 



Section 
2. Takes effect; interim licenses. 



Section 

1. Licenses for cold storage ware- 
houses. 

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

1. Licenses for Cold Storage Warehouses. Amend section 3 
of chapter 138 of the PubHc Laws by inserting in the eighth 
hne after the word "year" the words, or fraction thereof, also 
by adding at the end of said section the following: All 
licenses shall expire on the first day of January next following 
their issuance, so that said section as amended shall read as 
follows: 3. Application; Issue; Fee. Application for such a 
license shall be made to the board in writing, stating the loca- 
tion of the plant or plants. On receipt of the application the 
board shall cause an examination of such plant to be made, and 
if it is found to be in a sanitary condition and otherwise prop- 
erly equipped for the business of cold storage the board shall 
cause a license to be issued authorizing the applicant to operate 
a cold storage or refrigerating warehouse for the period of 
one year or fraction thereof, upon payment of a license fee 
of ten dollars, for the use of the state. All licenses shall 
expire on the first day of January next following their 
issuance. 

2. Takes Effect; Interim Licenses. This act shall take 
effect on January 1, 1938, provided that any license which may 
be renewed or issued during the period from the passage of 
this act and the effective date hereof shall expire on January 1, 
1938, unless sooner suspended for cause and the fee for such 
Hcense shall be such proportionate part of ten dollars as the 
period covered by the license bears to a full year. 

[Approved March 11, 1937.] 



1937] Chapters 19, 20 19 

CHAPTER 19. 

AN ACT RELATING TO SUITS AGAINST RECEIPTORS. 

Section I Section 

1. Suits against receiptors. | 2. Takes eflfect. 

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

1. Suits against Receiptors. Amend section 5 of chapter 
324 of the PubUc Laws by adding at the end thereof the words, 
But nothing in this section shall prevent a sheriff or his deputy 
from serving process or levying execution himself in any case 
in which he is plaintiff by virtue of a receiptor given to him, 
so that said section as amended shall read as follows : 5. In- 
terest in Suit. When the sheriff is a party or related to either 
party, or interested in the suit, bill in equity or other process, 
the writ or other process in such action may be served by the 
sheriff or deputy sheriff of any other county or by his own 
deputy ; and the sheriff may serve writs or other process upon 
his own deputies, and the official bond of the sheriff's deputies 
shall protect him, the same as in other cases where he is not a 
party, and the bond of the sheriff shall protect his deputies 
on whom he may serve process. But nothing in this section 
shall prevent a sheriff or his deputy from serving process or 
levying execution himself in any case in which he is plaintiff 
by virtue of a receiptor given to him. 

2. Takes Eflfect. This act shall take effect upon its 
passage. 

[Approved March 11, 1937.] 



CHAPTER 20. 

AN ACT RELATING TO HOMICIDE. 

Section I Section 

1. Murder; degrees of. I 2. Takes effect. 

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

1. Murder. Amend section 1 of chapter 392 of the Public 
Laws by inserting after the word "arson" in line three, the 
word kidnapping, so that said section as amended shall read as 
follows: 1. Degrees. All murder committed by poison. 



20 CHAPTERS 21, 22 [1937 

starving, torture or other deliberate and premeditated killing, 
or committed in perpetrating or attempting to perpetrate 
arson, kidnapping, rape, robbery or burglary, is murder of the 
first degree ; and all murder not of the first degree is of the 
second degree. 

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

[Approved March 11, 1937.] 



CHAPTER 21. 

AN ACT RELATING TO ACTIONS FOR MALPRACTICE. 



Secfion 
2. Takes eflfect. 



Section 

1. Limitation of actions for mal- 
practice. 

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

1. Limitation of Actions. Amend section 3 of chapter 329 
of the Public Laws by inserting after the word "person" in the 
first line thereof the following words, actions for malpractice, 
so that said section as amended shall read as follows : 3. Per- 
sonal Actions. Actions of trespass to the person, actions for 
malpractice and actions for defamatory words may be brought 
within two years, and all other personal actions within six 
years, after the cause of action accrued, and not afterward. 

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

[Approved March 11, 1937.] 



CHAPTER 22. 

AN ACT RELATING TO ASSIGNMENT OF COUNSEL. 

Section I Section 

L Assignment of counsel. | 2. Takes effect. 

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

1. Assignment of Counsel. Amend section 2, chapter 368 
of the Public Laws by striking out in line one the words 
"indicted for" and inserting in place thereof the words, held 



1937] Chapter 23 21 

for the grand jury charged with the commission of; further 
amend by striking out in Hne two the word "five" and insert- 
ing in place thereof the word, three, so that said section as 
amended shall read as follows: 2. Other Cases. Any per- 
son held for the grand jury charged with the commission of 
any other offense, the punishment whereof may be three years' 
imprisonment, shall be entitled to have counsel assigned to him 
by the court and to such process from the court to compel the 
attendance of witnesses as is usually granted on behalf of the 
state if the court shall be of the opinion that he is poor and un- 
able to defray the expense of obtaining counsel and the attend- 
ance of witnesses, and that injustice may be done if provision 
is not made therefor at the public expense. 

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

[Approved March 11, 1937.] 



CHAPTER 23. 



AN ACT RELATIVE TO THE PRACTICE OF LAW BY UNAUTHORIZED 
PERSONS AND CORPORATIONS. 

Section I Section 

1. Jurisdiction to restrain un- 2. Takes effect, 

authorized practice of law. I 

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

1. Unauthorized Practice of Law. Amend chapter 325 of 
the Public Laws as amended by chapter 34 of the Laws of 1935 
by adding thereto the following section: 12. Jurisdiction to 
Restrain Violations. The supreme court and the superior 
court shall have concurrent jurisdiction in equity, upon peti- 
tion of any bar association within the state, or of three or more 
members of the bar of the state, or of the attorney-general, to 
restrain violations of sections 10 or 11. 

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

[Approved March 11, 1937.] 



22 Chapter 24 [1937 

CHAPTER 24. 

AN ACT RELATING TO THE INCORPORATION OF INSURANCE 

COMPANIES. 



Section 
3. Takes effect. 



Section 

1. Insurance companies. 

2. Amendments to charter or 

articles of incorporation. 

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

1. Insurance Companies. Amend section 6 of chapter 272 
of the Public Laws by striking out the whole thereof and in- 
serting in place thereof the following: 6. Certification of 
Agreement. The articles of agreement shall be submitted to 
the insurance commissioner who shall examine the same. If it 
appears that the provisions of the law preliminary to the estab- 
lishment of the corporation have been complied with, the com- 
missioner shall so certify by an endorsement upon said articles 
of agreement which shall thereupon be submitted to the at- 
torney-general or assistant attorney-general for his approval 
and then recorded in accordance with the provisions of chapter 
225, provided that copies of the original documents filed with 
the secretary of state shall also be filed with the insurance 
commissioner. 

2. Amendments to Chaiter or Articles of Incorporation. 
Amend section 8 of said chapter 272 by striking out the whole 
thereof and inserting in place thereof the following : 8. Cer- 
tification. All proposed amendments, duly certified to by the 
president and secretary of such company, shall be submitted to 
the commissioner and to the attorney-general or assistant 
attorney-general for their examination and endorsement of 
approval in the same manner as provided by this chapter as to 
the original articles of agreement. Copies of all documents 
required by this section to be submitted to the commissioner 
shall be filed with him. 

3. Takes Efi'ect. This act shall take effect upon its 
passage. 

[Approved March 11, 1937.] 



1937] Chapters 25, 26 23 

CHAPTER 25. 

AN ACT RELATING TO THE POSTING OF HIGHWAY REGULATIONS 
FOR TRUNK LINES AND STATE-AIDED HIGHWAYS. 



Section 
3. Takes effect. 



Section 

1. Highway regulations. 

2. Posting. 

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

1. Highway Regulations. Amend section 6 of chapter 91 
of the Public Laws, as inserted by section 1, chapter 117, Laws 
of 1935, by inserting after the word "regulations" in the first 
line the words, relating to the control of traffic by such stop 
signs, devices or signals, so that said section as amended shall 
read as follows: 6. Posting. Such rules and regulations 
relating to the control of traffic by such stop signs, devices or 
signals shall be posted on each trunk line and state-aided high- 
way 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. 

2. Amendment. Amend chapter 91 of the Public Laws by 
inserting after section 6, as inserted by section 1, chapter 117, 
Laws of 1935, and as amended in the preceding section, the 
following new section : 6-a. Other Rules and Regulations. 
Such other rules and regulations, seasonal or otherwise, shall 
be posted on each trunk line and state-aided highway affected 
thereby. 

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

[Approved March 11, 1937.] 



CHAPTER 26. 

AN ACT RELATING TO THE LAND USE BOARD. 

Section I Section 

1. Membership of land use board. | 2. Takes effect. 

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

1. Membership. Amend section 3 of chapter 74 of the 
Laws of 1935 by striking out said section and inserting in place 
thereof the following : 3. Land Use Board. There is hereby 
established a land use board consisting of five members. The 



24 Chapter 27 [1937 

members of the planning and development commission shall be 
the members of the land use board hereby constituted. The 
members of said land use board shall serve without compensa- 
tion. Said board shall establish reasonable rules of procedure 
and shall keep written records. 

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

[Approved March 11, 1937.] 



CHAPTER 27. 



AN ACT RELATING TO REGULAR MEETINGS OF TOWN AND CITY 
PLANNING BOARDS. 

Section I Section 

1. Meetings of planning board of 2. Takes effect. 

a town or village district. | 

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

1. Planning Boards. Amend section 8 of chapter 55 of the 
Laws of 1935 by inserting after the word "board" in the fifth 
line the words, of a city, by inserting after the word "month" 
in the sixth line the words, and the planning board of a town 
or village district shall hold at least one regular meeting every 
three months, and by striking out the word "it" in the sixth 
line and inserting in place thereof the words, the planning 
board, so that said section as amended shall read as follows: 
8. Organization; Meetings; 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 of a city shall 
hold at least one regular meeting in each month and the 
planning board of a town or village district shall hold at least 
one regular meeting every three months. The planning 
board 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. 

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

[Approved March 11, 1937.] 



1937] Chapter 28 25 

CHAPTER 28. 

AN ACT PROVIDING FOR THE PERAMBULATION OF THE MAINE AND 
NEW HAMPSHIRE BOUNDARY LINE. 



Section 

1. Perambulation. 

2. Notice. 

3. Return. 

4. Expense. 



Section 

5. Preservation of existing monu- 

ments. 

6. Penalty. 

7. Takes effect. 



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 Maine as marked on land, 
shall be perambulated and the line marked and bounds re- 
newed. The governor with the advice and consent of the coun- 
cil, shall appoint a surveyor from the highway department who 
shall, in conjunction with a duly authorized representative of 
the state of Maine, perambulate the boundary line from 
Bryant's Rock at East Pond to the Canadian line. 

2. Notice. The governor with the advice and consent of 
the council shall authorize the highway commissioner to notify 
and make such arrangements with the proper authorities of 
the state of Maine as may be necessary to carry out the pro- 
visions of this act. 

3. Return. A return of the perambulation shall be made, 
describing the marks and monuments of such line and particu- 
larly describing any change of location or resetting of any 
monument as authorized in this act, and such return shall be 
signed by the duly authorized representative of both states 
and a copy filed with the secretary of state. 

4. Expense. A sum not to exceed one thousand dollars to 
cover all expenses incurred by representation of this state 
incidental to such perambulation shall be paid by the state in- 
cluding one half of the cost of renewing markers or monu- 
ments, and the governor is hereby authorized to draw his 
warrant therefor out of any money in the treasury not other- 
wise appropriated. 

5. Preservation of Existing Monuments. No person shall 
wilfully or maliciously disturb or injure, or, except as herein 
provided, remove, obliterate, deface or cover up any monument 
or mark designating this boundary line of the state. Any 
persons desirous of removing and replacing any such monu- 



26 Chapter 29 [1937 

ment or mark may apply in writing to the highway commis- 
sioner, who may grant permission therefor under his super- 
vision, first making provision for preserving the exact location 
of the original boundary or mark, and also giving notice to the 
adjoining state of the time and place at which proposed action 
is to be taken. The monument shall be reset in the identical 
location from which it was removed, or at a convenient dis- 
tance therefrom upon the boundary line. A full description of 
any change in such monument or mark, signed by the repre- 
sentative of both states, shall be recorded with the secretary 
of state. 

6. Penalty. Any person violating the provisions of sec- 
tion 5 of this act, shall be fined not more than fifty dollars or 
imprisoned not more than six months, or both. 

7. Takes Effect. This act shall take effect upon its pas- 
sage, provided that no work shall be done or money expended 
until similar legislation has been enacted by the state of Maine. 

[Approved March 11, 1937.] 



CHAPTER 29. 



AN ACT RELATING TO NAMING THAT PORTION OF THE STATE 
HIGHWAY BETWEEN ROCHESTER AND ALTON BAY. 

Section I Section- 

1. Henry Wilson highway named. I 2. Takes effect. 

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

1. Henry Wilson Highway. That portion of the state high- 
way, on route 11, which connects the city of Rochester and 
Alton Bay shall be designated and known as the Henry Wilson 
highway, and the state highway commissioner is hereby 
authorized to place appropriate markers at suitable points 
along said highway. 

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

[Approved March 11, 1937.] 



1937] Chapters 30, 31 27 

CHAPTER 30. 

AN ACT RELATIVE TO CONTESTED ELECTIONS. 

Section f Sfxtion 

1. Mileage allowance. ' 2. Takes effect. 

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

1. Mileage Allowance. Amend chapter 3 of the Public 
Laws by adding after section 6 the following new section: 
7. Representatives. Any person who has received a certifi- 
cate of election as representative and who has taken his seat 
as such representative but who is unsuccessful in retaining said 
seat because his election thereto is contested, shall be allowed 
and paid his mileage for the period of time during which he 
held his seat. 

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

[Approved March 11, 1937.] 



CHAPTER 31. 



AN ACT PROVIDING FOR INSTRUCTION IN PUBLIC SCHOOLS RELAT- 
ING TO ELECTIONS AND VOTING. 

Section' I Sfction- 

1. Distribution of copies of con- 2. Takes effect, 

stitution and election laws. 1 

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

1. Public Schools. Amend chapter 117 of the Public Laws 
by inserting after section 19 the following new sections : 19-a. 
State Constitution and Election Laws. The secretary of state 
is hereby directed to furnish to the state board of education 
such number of copies of the state constitution and the elec- 
tion laws as may be necessary. 19-b. Distribution. The 
state board of education is hereby directed to distribute copies 
of said constitution and election laws to all teachers of history 
and civics in the upper grades of elementary schools and to 
teachers of United States history in junior and senior high 
schools to be used by them in instructing their pupils relative 
to the laws governing elections and voting. 



28 Chapter 32 [1937 

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

[Approved March 11, 1937.] 



CHAPTER 32. 



AN ACT RELATING TO INSPECTION OF NURSERIES AND NURSERY 

STOCK. 



Section" 

4. Repeal. 

5. Takes effect. 



Section 

1. Nursery inspections. 

2. Repeal. 

3. Change in date. 

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

1. Nursery Inspections. Amend chapter 183 of the Public 
Laws, by inserting after section 2 the following new section: 
2-a. Suspension of Certification. The inspector may at any 
time suspend a certificate issued under the provisions of sec- 
tion 2 if dangerous insect or fungous pests are found upon the 
premises and shall not reinstate said certificate until such time 
as such pests have been suppressed or eradicated, 

2. Repeal. Sections 4 and 7 of chapter 183 of the Public 
Laws, relating to an exemption from the provisions of said 
chapter are hereby repealed. 

3. Change in Date. Amend section 8 of chapter 183 of the 
Public Laws by striking out the words "but in no case shall he 
issue a certificate which shall continue in force after July first 
next following the date of inspection," so that said section as 
amended shall read as follows: 8. Season for Inspection. 
The state inspector shall determine the season for inspecting 
nurseries and the forms of certificates to be given. 

4. Repeal. Section 10 of said chapter 183 relating to an- 
nual cost of inspection is hereby repealed. 

5. Takes Effect. This act shall take effect upon its 
passage, 

[Approved March 11, 1937.] 



1937] Chapter 33 29 

CHAPTER 33. 

AN ACT RELATING TO STANDARDS FOR THE SALE OF COAL AND 

COKE. 



Section 
2. Takes effect. 



Section 

I. Authority of commissioner of 
weights and measures to fix 
standards. 

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

1. Authority of Commissioner of Weights and Measures. 

Amend section 41 of chapter 162 of the Public Laws, as 
amended by section 1, chapter 49 of the Laws of 1929, by 
striking out the words "pubhc service commission" in line one 
and inserting in place thereof the words, commissioner of 
weights and measures, and by striking out the word "commis- 
sion" where it occurs in the seventh and tenth lines and insert- 
ing in place thereof the word commissioner, so that said section 
as amended shall read as follows : 41. Standards. The com- 
missioner of weights and measures shall fix reasonable stand- 
ards with respect to the amount of bone, slate or other foreign 
substances which may be contained in anthracite coal or coke 
sold as standard coal or coke within this state. Such stand- 
ards shall be set forth in an order or orders, and shall take 
effect at such time as shall be stated therein and remain in 
force until modified by the commissioner. In fixing such 
standards due regard shall be had for the custom of the trade 
as carried on by reputable dealers, and the orders of the com- 
missioner shall be designed to protect the public from im- 
position. 

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

[Approved March 18, 1937.] 



30 Chapters 34, 35 [1937 

CHAPTER 34. 

AN ACT TO PROHIBIT MOTOR VEHICLE RACING ON PUBLIC WAYS. 

Section j Section 

1. Motor vehicle racing prohibited. | 2. Takes effect. 

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

1. Motor Vehicle Racing Prohibited. Amend chapter 103 
of the Public Laws by inserting after section 18 thereof as 
amended by chapter 76, Laws of 1927, the following new sec- 
tion: 18-a. Road Racing. It shall be unlawful for any per- 
son to conduct or participate in any prearranged motor vehicle 
race on any public way in this state at any time. Whoever 
violates any of the provisions of this section shall be fined not 
more than two hundred dollars or imprisoned not more than 
six months or both such fine and imprisonment. 

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

[Approved March 18, 1937.] 



CHAPTER 35. 



AN ACT RELATING TO THE PROTECTION OF THE PUBLIC AGA.INST 
THE SALE OF WORTHLESS SECURITIES. 



Section 

1. Certificates of warehousemen. 

2. Licenses. 

3. Corporations. 

4. Annual financial statement. 

5. Period of time for investiga- 

tion. 

6. Registration of dealers. 



Section 

7. Objection. 

8. Limitation on authority of 

agents. 

9. Information to be furnished 

10. Qualification of securities. 

11. Repeal. 

12. Takes effect. 



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

1. Certificates of Warehousemen. Amend section 2, chap- 
ter 284 of the Public Laws as amended by chapter 63, Laws of 
1927, chapter 38, Laws of 1929, and chapter 101, Laws of 1933, 
by striking out the whole of said section and inserting in place 
thereof the following: 2. Securities." Securities shall in- 
clude all classes of stocks and shares, bonds, debentures, 
evidences of indebtedness and certificates of participation. 



* Amended, chapter 165, post. 



1937] Chapter 35 31 

certificates of warehousemen, rights and interests in land from 
which petroleum is, or is intended to be, produced, ship shares 
and investment contracts in the form of a bill of sale, or any 
similar device, and contracts of services or advice relating to 
investments, or membership in organizations or associations 
purporting to render such service or advice. 

2. Licenses. Amend chapter 284 of the Public Laws by in- 
serting after section 3 thereof the following section: 3-a. 
Conditions and Limitations. The commissioner may issue 
such licenses subject to such conditions and limitations as he 
may deem to be in the public interest. 

3. Corporations. Amend section 5, chapter 284 of the 
Public Laws by striking out the whole of said section and in- 
serting in place thereof the following: 5. Status as Dealers 
in Securities. Such corporation and its officers, agents and 
employees so licensed shall be regarded as dealers in securities 
under the provisions of this chapter. By December first of 
each year such licensees shall furnish to the commissioner up- 
on a form to be furnished by him under the oath of such re- 
sponsible officer of the corporation as the commissioner may 
require an annual financial statement for the period ending 
June thirtieth of each year exhibiting with reasonable detail 
assets, liabilities, profit and loss of the corporation for said 
period. 

4. Information Required. Amend chapter 284 of the Pub- 
lic Laws by inserting after section 8 thereof the following sec- 
tion: 8-a. Annual Financial Statement. The commissioner 
may examine or cause to be examined at the expense of the 
applicant or dealer the affairs and condition of a registered 
dealer in securities or an applicant who desires to become 
registered as such dealer. An applicant shall furnish in addi- 
tion to the information required in the application such other 
documentary evidence of condition and responsibility as the 
commissioner may require, including without limiting the 
generality of the foregoing, authentic copies of articles of in- 
corporation, partnership agreements, by-laws, balance sheets 
and earning statements. By December first of each year 
every licensed dealer in securities shall furnish under the oath 
of such responsible member or members of the dealer's organi- 
zation as the commissioner may require an annual financial 
statement for the period ending June thirtieth of each year 



32 Chapter 35 [1937 

exhibiting with reasonable detail, assets, liabilities, profit and 
loss of the dealer for a period of one year upon a form to be 
furnished by the commissioner. 

5. Investigation. Amend section 11, chapter 284 of the 
Public Laws by striking out the whole of said section and in- 
serting in place thereof the following: 11. Period of Time 
For. The application filed with the commissioner for registra- 
tion as a dealer shall be held for investigation for a period of 
four weeks from the date when the application reaches the 
commissioner. 

6. Dealers. Amend section 12, chapter 284 of the Public 
Laws by striking out the whole of said section and inserting in 
place thereof the following: 12. Registration. Upon being 
satisfied of the applicant's good repute, financial standing, re- 
liability and right to public confidence, the commissioner may 
register the applicant as a dealer. 

7. Amendment. Amend section 13, chapter 284 of the 
Public Laws by striking out the whole of said section and in- 
serting in place thereof the following: 13. Objection. Any 
person may object to the proposed registration within a period 
of four weeks during which an application shall be pending. 

8. Authority of Agents. Amend chapter 284 of the Pub- 
lic Laws by inserting after section 24 thereof the following 
section: 24-a. Limitations. No limitations on the author- 
ity of the agent of any dealer, not customary in the business, 
shall be effective to protect the dealer from liability to inno- 
cent third persons dealing with such agent. 

9. Registrations. Amend section 25, chapter 284 of the 
Public Laws by striking out the whole of said section and in- 
serting in place thereof the following: 25. Information to 
be Furnished. The commissioner shall at any time on request, 
by mail or otherwise, inform any inquirer as to any individual, 
partnership, corporation or association which is registered 
either as dealer, agent or salesman. 

10. Approval of Sale. Amend chapter 284 of the Public 
Laws by inserting after section 28 thereof the following sec- 
tion : 28-a. Qualification of Securities. No registered dealer 
or his salesmen or agents shall sell or offer for sale securities, 
except those legal for investments for savings banks in this 
state, unless such sale has been approved by the commissioner. 
A dealer desiring to qualify such securities shall submit to the 



1937] Chapter 36 33 

commissioner such descriptive, statistical or documentary in- 
formation as he may require. The commissioner shall within 
five days after such information is submitted approve or dis- 
approve the sale of such securities and so notify the dealer. 
The commissioner may prescribe rules and regulations to carry 
out the purposes hereof. 

11. Repeal. Section 28 of chapter 284 of the Public Laws 
relating to the limitation on prohibited sales of securities is 
hereby repealed. 

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

[Approved March 18, 1937.] 



CHAPTER 36. 

AN ACT RELATING TO HOURS OF LABOR FOR WOMEN AND MINORS. 



Section 
3. Takes effect. 



Sex:tion 

1. Hours of labor. 

2. Exceptions. 

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

1. Hours of Labor. Amend section 14, chapter 176, Public 
Laws by striking out the whole thereof and substituting there- 
for the following: 14. Females; Minors. No female, or 
minor under eighteen years of age, shall be employed or per- 
mitted to work at manual or mechanical labor in any manu- 
facturing establishment more than ten hours in any one day, 
or more than forty-eight hours in any one week. No female, 
or minor under eighteen years of age, shall be employed or be 
permitted to work at manual or mechanical labor in any other 
employment, except household labor and nursing, domestic, 
hotel, cabin* and boarding-house labor, operating in telegraph 
and telephone offices and farm labor, more than ten and one- 
quarter hours in any one day, or more than fifty-four hours in 
any one week. 

2. Exceptions. Amend chapter 176 of the Public Laws by 
inserting after section 17 the following new section: 17-a. 
Special License. Manufacturing establishments may be 
granted special license by the labor commissioner excepting 
them from the operation of the provisions of sections 14 and 



* Amended, chapter 200, post. 



34 Chapter 37 [193? 

15 hereof for not over eight weeks in any six-month period but 
in no case shall the hours of labor exceed ten and one-quarter 
hours in any one day or fifty-four hours in any one week. Be- 
fore granting such license a hearing shall be held by the labor 
commissioner and he shall be satisfied that such overtime is 
necessary. Copy of such license shall be posted in a conspicu- 
ous place in every room where such females and minors are 
employed. 

3. Takes Effect. This act shall take effect sixty days after 
its passage. 

[Approved March 18, 1937.] 



CHAPTER 37. 

AN ACT RELATING TO LEGACY RECEIPTS. 



Section 
2. Repeal ; takes effect. 



Section 

1. Probate receipts from minors 
not under legal guardian- 
ship. 

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

1. Minors Not Under Legal Guardianship. Amend chap- 
ter 307 of the Public Laws by inserting after section 18, the 
following new section: 18-a. Probate Receipts. Whenever 
any minor not being under legal guardianship shall be entitled 
to receive from any administrator or executor any distributive 
share as heir, or any legacy, the full amount of which share or 
legacy is less than two hundred dollars, said administrator, or 
executor, upon petition to and approval of the probate court 
shall pay said sum to the parents of said minor, if both are 
living, or to the surviving parent, if one parent is deceased, or 
to the parent, or other person, having custody of said minor, if 
the parents are divorced, and the receipt of said parents or 
parent or other person shall be filed and accepted by the pro- 
bate court in discharge of the administrator's, or executor's 
hability therefor in the same manner and effect as though said 
parents or parent or other person had been legally appointed 
guardian by the probate court. Publication of notice upon the 
petition to the probate court shall not be required unless 
ordered by the court. 



1937] Chapters 38, 39 35 

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

[Approved March 25, 1937.] 



CHAPTER 38. 

AN ACT RELATING TO VACANCIES IN COUNTY OFFICES. 



Section 
2. Takes effect. 



Section 

1. Filling temporary vacancies in 
county offices. 

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

1. County Offices. Amend chapter 36 of the Public Laws 
by inserting- after section 8 the following new section: 8-a. 
Temporary Vacancies. If any person holding either of such 
offices shall, by reason of illness, accident, absence from the 
state or other cause, become temporarily incapacitated and un- 
able to perform the duties of his said office, the superior court 
may, upon application of the solicitor or a majority of the 
county commissioners, declare a temporary vacancy and fill the 
same, in the manner provided in section 9, for a limited 
period of time expressed in the appointment and may extend 
or shorten said period to meet the situation, and may award 
proper compensation to the appointee for services and 
expenses. 

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

[Approved March 25, 1937.] 



CHAPTER 39. 

AN ACT RELATIVE TO THE SALARY OF THE SPECIAL JUSTICE OF 
THE MUNICIPAL COURT OF NASHUA. 

Section | Section 

1. Nashua municipal court. ! 2. Takes effect. 

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

1. Nashua Municipal Court. Amend section 4, chapter 323 
of the Public Laws, as amended by chapter 116 of the Laws of 



36 Chapter 40 [1937 

1929, chapter 19 of the Laws of 1931 and chapter 101 of the 
Laws of 1935, by striking out the words "six hundred" in the 
ninth line and inserting in place thereof the words eight hun- 
dred 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 disqualifica- 
tion 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 thereof that he shall serve 
in said capacity; provided, that the annual salaries of the 
special justices of the municipal courts of the following cities 
and town shall be as follows, of Manchester eight hundred 
dollars, of Nashua eight hundred dollars, of Concord five hun- 
dred dollars, and of Hampton one hundred and fifty dollars, to 
be paid by said cities and town, respectively, quarterly, and 
shall be in lieu of any other compensation or fees to such 
justices. 

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

[Approved March 25, 1937.] 



CHAPTER 40. 



AN ACT RELATING TO THE DUTIES OF SELECTMEN IN WARNING 

TOWN MEETINGS. 



Section 
2. Takes effect. 



Section 

1. Insertion of articles in town 
warrant. 

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

1. Town Warrant. Amend section 3 of chapter 45 of the 
Public Laws by striking out said section and inserting in place 
thereof the following: 3. Articles. Upon the written ap- 
plication of ten or more voters or one sixth of the voters in 
town, presented to the selectmen or one of them at least six- 
teen days before the day prescribed for an annual or biennial 
meeting, the selectmen shall insert in their warrant for such 
meeting any subject specified in such application. Upon the 
written application of fifty or more voters or one fourth of the 
voters in town, so presented not less than sixty days before 



1937] Chapter 41 37 

the next annual meeting, the selectmen shall warn a special 
meeting to act upon any question specified in such application. 
The word "voters" in this section shall mean persons listed as 
such in the last previous revision of the check-list. 

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

[Approved March 30, 1937.] 



CHAPTER 41.- 



AN ACT RELATIVE TO SETTLEMENTS OF SUITS BROUGHT FOR 

MINORS. 

Section [ Section 

1. Approval of court required. | 2. Takes effect. 

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

1. Approval of Court Required. No settlement, the amount 
of which exceeds three hundred dollars, of any suit brought in 
behalf of an infant by next friend shall be valid unless ap- 
proved by the court in which the action is pending, or to which 
the writ is returnable, or affirmed by an entry or judgment. 
The court may make all necessary orders for protecting the in- 
terests of the infant, and may require the guardian ad litem, 
or next friend, to give bond to truly account for all money re- 
ceived in behalf of the infant. 

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

[Approved March 30, 1937.] 



* Amended, chapter 169, post. 



38 Chapter 42 [1937 

CHAPTER 42. 

AN ACT ESTABLISHING A COMMISSION FOR THE PROMOTION OF 

THE WEALTH AND INCOME OF THE PEOPLE OF 

NEW HAMPSHIRE. 



Section 

1. Organization. 

2. Gifts. 

3. Duties. 

4. Authority to collect data. 



Section 

5. Limitations, 

6. Term of office. 

7. Takes eflfect. 



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

1. Organization. For the purposes hereinafter set forth 
there shall be a commission for the promotion of the wealth 
and income of the people of New Hampshire, consisting of the 
governor ex officio and four others to be appointed by the gov- 
ernor. The governor shall act as chairman and all appointive 
members shall serve without compensation or allowance for 
expenses. 

2. Gifts. The commission is hereby empowered to accept 
gifts to carry out the duties hereinafter set forth and to ap- 
point such assistants and agents as it may deem necessary and 
to fix their compensations. 

3. Duties. The duties of the commission shall be to pre- 
pare in tabular form, with such comments as may seem to it 
desirable, a complete bookkeeping picture of the state and its 
people considered as a single economic unit, with whatever 
data on wealth, income, employment, and personnel may be 
necessary for better understanding of the exhibition of ac- 
counts. When completed, said report shall be filed in the 
office of the secretary of state for the use of the executive de- 
partment and for such distribution as the governor may order. 

4. Authority to Collect Data. The commision is hereby 
given all the necessary power and authority to secure such 
data from departments and institutions of the state and local 
governments, persons, partnerships, associations and corpora- 
tions, as may be germane to the purposes hereof, provided, 
however, that the information furnished hereunder shall be 
used solely for the statistical purposes for which it is supplied 
and that no publication shall be made by the commission or 
any of its employees, whereby any reporting establishment or 
person can be identified. The commission shall permit no one. 



1937] Chapter 43 39 

other than its sworn employees, to examine the reports made 
to it nor shall such reports be subject to inspection by any 
court or to any process issued therefrom or by any person 
whomsoever. Subject to the above limitations, the commis- 
sion shall have the power in the name of the state to request 
from all departments and divisions of the government of the 
United States whatever facts are in its possession germane to 
this inquiry. 

5. Limitations. The commission shall have no power to 
incur debts nor contract any liabilities in the name of the state. 

6. Term of Office. Upon completion and filing of the re- 
port required by section 3 hereof, the authority of the commis- 
sion shall terminate. 

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

[Approved March 30, 1937.] 



CHAPTER 43. 



AN ACT ESTABLISHING COMMISSIONER DISTRICTS IN THE COUNTY 

OF SULLIVAN. 

Section 

1. Commissioner districts for Sullivan county established. 

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

1. Districts Established. Amend chapter 36 of the Public 
Laws as amended by chapter 142 of the Laws of 1929 and 
chapter 134 of the Laws of 1931, by adding the following new 
sections : 19. County Commissioner Districts. For the pur- 
pose of the nomination and election of the county commission- 
ers in Sullivan county said county shall be divided into three 
districts as follows: District 1, the town of Claremont; dis- 
trict 2, the town of Newport; and district 3, the towns of 
Acworth, Charlestown, Cornish, Croydon, Goshen, Grantham, 
Langdon, Lempster, Plainfield, Springfield, Sunapee, Unity 
and Washington. 20. Eligibility. No person shall be eligible 
to be a candidate for county commissioner except from the dis- 
trict in which he is a resident. 21. Voting and Election. 
The inhabitants of said county may vote for not more than 
one candidate from each district, and the candidate receiving 



40 Chapter 44 [1937 

the highest number of votes in any one district shall be elected 
county commissioner from that district.''' 
[Approved April 7, 1937.] 



CHAPTER 44. 



AN ACT REGARDING THE COMPENSATION OF COUNTY 
COMMISSIONERS. 

Section I Section 

1. Cheshire county commissioners. I 2. Takes effect. 

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

1. Cheshire County Commissioners. Amend section 28 of 
chapter 38 of the Public Laws, as amended by chapter 111 of 
the Laws of 1927, and chapter 153 of the Laws of 1931 and 
chapter 186 of the Laws of 1933 and chapter 154 of the Laws 
of 1935, by striking out the words "seven hundred" after the 
word "Cheshire," and inserting in place thereof the words one 
thousand, so that the said section as amended shall read as 
follows: 28. Salai'ies. The annual salary for each commis- 
sioner of the following counties shall be as follows, payable 
monthly 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, one thousand 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 the tax- 
able property of the towns as provided in section 26, shall re- 
ceive five dollars a day, payable as hereinbefore provided. To 
the foregoing sums shall be added, in all the counties except 
Strafford, a reasonable sum for all necessary expenses, upon 
order of the county auditors. 

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

[Approved April 7, 1937.] 



* Amended, chapter 83, post. 



1937] Chapter 45 41 

CHAPTER 45. 

AN ACT RELATING TO THE SALE OF APPLES AT RETAIL OR WHOLE- 
SALE, DEFINING TERMS AND REQUIRING PROPER 
GRADES AS MARKED. 



Section 
2. Takes effect. 



Section 

1. New chapter : 

1. Grades. 

2. Prohibition. 

3. Tolerance. 

4. Rules and regulations. 

5. Hearings. 

6. Penalty. 

7. Interpretation. 

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

1. Sale of Apples. Amend the Public Laws by inserting 
after chapter 165, as inserted by chapter 19 of the Laws of 
1927 and as amended by chapter 23 of the Laws of 1931, and 
chapter 85 of the Laws of 1933, the following new chapter: 

CHAPTER 165-A 

SALE OF APPLES IN OTHER THAN CLOSED PACKAGES 

1. Grades. The terms to be used in selling, offering, ex- 
posing for sale or advertising apples for sale or exchange or 
distribution in any manner except when packed in closed 
packages shall be as follows: 

L "Extra Fancy" shall mean apples conforming to the 
standards for extra fancy grade as defined in section 3 of 
chapter 165 of the Public Laws as amended by section 2 of. 
chapter 23 of the Laws of 1931. 

IL "Fancy" shall mean apples conforming to the stand- 
ards for fancy grade as defined in section 3 of chapter 165 of 
the Public Laws as amended by section 2 of chapter 23 of the 
Laws of 1931. 

IIL "Utility" shall mean apples conforming to the stand- 
ards for B Grade as defined in section 3 of chapter 165 of the 
Public Laws as amended by section 2 of chapter 23 of the Laws 
of 1931. 

IV. "Choice" shall mean apples not less than twenty-five 
per cent of which conform to the standards for Fancy grade 
and the remainder to the standards for B Grade as defined in 



42 Chapter 45 [1937 

section 3 of chapter 165 of the Pubhc Laws as amended by sec- 
tion 2 of chapter 23 of the Laws of 1931. 

V. "Cooking" shall mean any apples not coming within 
the standards hereinbefore defined. 

2. Prohibition. No person selling, offering, exposing or 
advertising apples for sale or exchange or distribution in any 
manner except a closed package shall use terms describing the 
quality of the fruit except those terms listed and defined in 
section 1. Such apples must conform to the respective stand- 
ards for those terms as herein defined, and when the variety 
of such apples is designated all apples so designated shall be of 
the variety named. The commissioner of agriculture may, 
from time to time, specify what grades set by other states or 
by the federal government correspond to Extra Fancy, Fancy, 
Utility, Choice and Cooking grades as used herein. 

3. Tolerance. In order to allow for variations incident to 
commercial grading and handling not more than ten per cent, 
by weight, of the apples in any lot may be below the require- 
ments of the grade with which the lot is marked. 

4. 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. He shall in person or by his deputy or agent 
have free access, ingress and egress at all reasonable hours to 
any place, building, or vehicle in which apples 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 inspect any package or container and may 
upon tendering the market price take such container and its 
contents or sample therefrom. 

5. 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 violation, 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 
hearing. 

6. Penalty. Any person violating any of the provisions of 



1937] Chapter 46 43 

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 commissioner 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. 

7. 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 inspection, 
production and distribution of food, whether under chapter 
136, 137, 138 and 139 of the Public Laws and amendments 
thereto or otherwise. 

2. Takes Effect. This act shall take effect July 1, 1937. 

[Approved April 7, 1937.] 



CHAPTER 46. 



AN ACT RELATING TO THE REQUIREMENTS FOR THE PRACTICE OF 

CHIROPODY. 

Section I Section 

1. Requirements for practice of 2. Takes effect, 

chiropody. | 

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

1. Practice of Chiropody. Amend section 1 of chapter 208 
of the Public Laws, as amended by chapter 58, Laws of 1933, 
by inserting after the word "chiropody" in the eleventh line 
the words, having a minimum course of three thousand one 
hundred and twenty hours in three different calendar years, 
so that said section as amended shall read as follows : 1. Re- 
quirements. Any person admitted to practice chiropody in 
this state shall have an intelligent comprehension of such rudi- 
ments of anatomy and surgery, including the medical use of 
antiseptic and disinfecting agencies as the state board of ex- 
aminers of chiropody may prescribe as necessary, and shall be 
required to pass an examination before said board ; shall be at 
least twenty-one years of age, with not less than a high school 
education, of good moral character and shall have received a 
diploma or certificate of graduation from a legally incorpo- 
rated, regularly established and recognized college of chiropody 



44 Chapter 47 [1937 

having a minimum course of three thousand one hundred and 
twenty hours in three different calendar years. No person who 
is not a licensed chiropodist as provided by section 8 of this 
chapter shall practice or attempt to practice chiropody in the 
state or designate or describe his or her occupation by the use 
of any words or letters calculated to lead others to believe that 
he or she is a licensed chiropodist. 

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

[Approved April 7, 1937.] 



CHAPTER 47. 

AN ACT RELATING TO TRANSPORTATION OF HIGH-SCHOOL PUPILS. 



Section 

1. Transportation of pupils under 
fourteen years of age. 



Section 
2. Takes effect. 



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

1. Transportation. Amend chapter 117 of the Public Laws 
by inserting after section 6 the following new section: 6-a. 
Pupils Under Fourteen Years of Age. The district shall 
furnish transportation as provided in section 6 to all pupils 
under the age of fourteen years in grades above the eighth and 
in districts not maintaining a high school, in which the school 
board has neglected or refused to furnish further instruction 
in the schools of the district as provided in section 28 of chap- 
ter 119 of the Public Laws, the district shall furnish to such 
pupils reasonable transportation to an approved high school. 

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

[Approved April 7, 1937.] 



1937] Chapter 48 45 

CHAPTER 48. 

AN ACT PROVIDING FOR SERVING OF LEGAL PROCESS ON NON- 
RESIDENTS. 



Skction 
2. Takes effect. 



Section 

L Service of process in actions 
against non-residents. 

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

1. Service of Process in Actions Against Non-resident 
Operators. Amend section 32, chapter 100, Public Laws, as 
amended by chapter 104 of the Laws of 1933, by inserting 
after the words "on such a way" the words or elsewhere with- 
in the state, so that as amended said section shall read: 
32. Commissioner Their Attorney. The acceptance by a 
non-resident, or by a resident, of the rights and privileges 
conferred by this chapter, as evidenced by his, or by his 
servants or agents, operating a motor vehicle thereunder, or 
the operation by a non-resident, or by a resident, or by his 
servants or agents, of a motor vehicle on a public way in the 
state other than under the provisions thereof, shall be deemed 
equivalent to an appointment of the commissioner, or his suc- 
cessor in office, by such non-resident, or by a person who has 
removed from the state, after he or his servants or agents 
have been involved in any accident or collision, as hereafter 
described, to be his true and lawful attorney upon whom may 
be served all lawful processes in any action or proceeding 
against him, growing out of any accident or collision in which 
he, or his servants or agents, may be involved while operating 
a motor vehicle on such a way or elsewhere within the state, 
and said acceptance or operation shall be a signification of his 
agreement that any such process against him which is so 
served shall be of the same legal force and validity against him 
as if served on him personally. 

2. Takes Effect. This act shall take effect upon, its 
passage. 

[Approved April 7, 1937.] 



46 



Chapter 49 



[1937 



CHAPTER 49. 

AN ACT RELATING TO CRIMINAL APPEALS. 



Section 

1. Time limitation. 

2. Failure to prosecute. 



Section 

3. Records on appeal. 

4. Takes effect. 



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

1. Time Limitation. Amend section 2 of chapter 366 of 
the Public Laws as amended by section 1 of chapter 10 of the 
Laws of 1927, by striking out the words "at the term next to 
be holden in the county" in the first sentence thereof and sub- 
stituting therefor the words, and said appeal shall be entered 
by the appellant within thirty days of the taking of said ap- 
peal unless for good cause shown the time is extended by the 
superior court, so that as amended said section shall read: 
2. Appeals. A person sentenced for an offense, by a mu- 
nicipal court or justice of the peace, may, at the time such 
sentence is declared, appeal therefrom to the superior court, 
and said appeal shall be entered by the appellant within thirty 
days of the taking of said appeal unless for good cause shown 
the time is extended by the superior court. The fees for 
copies sent to the superior court shall be taxed in the bill of 
costs. In all criminal cases which are appealed from a justice 
or a municipal court, or in which defendants are bound over 
by a justice or a municipal court, it shall be the duty of the 
clerk of the superior court to transmit to the justice or the 
municipal court, within ten days after such case is finally dis- 
posed of in the superior court, a certificate showing the final 
disposition of such case. 

2. Failure to Prosecute. Amend section 4 of chapter 366 
of the Public Laws as amended by section 2 of chapter 10 of 
the Laws of 1927 by inserting after the word "enter" the 
words, his appeal within the time limited, so that as amended 
said section shall read: 4. Failure to Prosecute. If the ap- 
pellant fails to enter his appeal within the time limited and 
prosecute his appeal a record thereof shall be made, his recog- 
nizance shall be declared forfeited, and, within ten days, the 
clerk of court shall transmit to the justice or municipal court 
appealed from a certificate of such forfeiture. 

3. Records on Appeal. Amend section 22 of chapter 366 



1937] Chapter 50 47 

of the Public Laws by striking out the words "on or before the 
first day of the next term thereof" and substituting therefor 
the words, within ten days after the date of such order for 
recognizance, so that as amended said section shall read: 

22. , on Appeal. In case of appeal the municipal court 

or justice shall cause true and attested copies of the process, 
records and recognizances in the case to be filed with the clerk 
of the superior court within ten days after the date of such 
order for recognizance. 

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

[Approved April 7, 1937.] 



CHAPTER 50. 



AN ACT DESIGNATING THE ROAD FROM EPPING TO HARRINGTON AS 

CALEF ROAD. 

Section I Section 

1. Calef road named. I 2. Takes efifect. 

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

1. Calef Road Named. The highway running from Epping 
Village to the junction with the Franklin Pierce highway near 
Barrington Depot, designated as a state-aid highway by chap- 
ter 138 of the Laws of 1933, shall hereafter be known as Calef 
road and the highway commissioner is hereby authorized to 
mark the same with suitable inscriptions. 

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

[Approved April 8, 1937.] 



48 Chapters 51, 52 [1937 

CHAPTER 51. 

AN ACT RELATING TO NIGHT FISHING IN THE ANDROSCOGGIN 

RIVER. 

Section 1 Section 

1. Androscoggin river, night fish- 2. Takes effect, 

ing prohibited. I 

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

1. Androscoggin River. Amend section 8, chapter 155 of 
the Laws of 1935 by striking out the whole of said section and 
inserting in place thereof the following: 8. Closed to Night 
Fishing. No person shall fish in the Androscoggin river from 
the head of Pontook Flowage at the foot of Mile and One-Half 
Falls, so called, in the town of Dummer, to the foot of Errol 
dam during the period from two hours after sunset to one hour 
before sunrise. 

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

[Approved April 13, 1937.] 



CHAPTER 52. 

AN ACT RELATING TO FUR-BEARING ANIMALS. 

Section I Section 

1. Taking fur-bearing animals. I 2. Takes effect. 

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

1. Certain Fur-bearing Animals. Amend section 1 of 
chapter 200 of the Public Laws as amended by section 4, chap- 
ter 124 of the Laws of 1935, by striking out in line 2 all after 
the word "from" and inserting in place thereof the following, 
October twentieth to February first in the counties of Coos and 
Grafton and from November first to February first in all other 
counties, so that said section as amended shall read as follows : 
1. Taking. Otter, mink, skunk or muskrat may be taken and 
possessed from October twentieth to February first in the 
counties of Coos and Grafton and from November first to 
February first in all other counties. 



1937] Chapters 53, 54 49 

2. Takes Eifect. This act shall take effect upon its 
passage. 

[Approved April 13, 1937.] 



CHAPTER 53. 



AN ACT RELATING TO UNPAID TAXES ON PERSONAL PROPERTY 
CONVEYED BY COMMON LAV^ ASSIGNMENT. 

Section | Section 

1. Unpaid taxes. I 2. Takes effect. 

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

1. Unpaid Taxes. No common law assignment of personal 
property for the benefit of creditors made to an assignee, 
trustee or other fiduciary, whether recorded in accordance with 
the provisions of chapter 9 of the Laws of 1933 or not, shall be 
valid to transfer the title of the assignor therein as against 
any unpaid taxes assessed thereon to the assignee prior to the 
date of said assignment. Any such unpaid taxes shall be a 
preferred claim as against other creditors. 

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

[Approved April 13, 1937.] 



CHAPTER 54. 



AN ACT TO MAKE UNIFORM THE LAW ON FRESH PURSUIT AND 

AUTHORIZING THIS STATE TO CO-OPERATE WITH OTHER 

STATES THEREIN. 



to be for- 



Section 


Section 


L Authority granted to make 


6. Certified copies t 


arrest. 


warded. 


2. Court hearing. 


7. SeparabiHt}- clause. 


3. Limitation. 


8. Title. 


4. Definition. 


9. Takes effect. 


5. W^hat constitutes fresh pursuit. 





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

1. Authority Granted to Make Arrest. Any member of a 
duly organized state, county or municipal peace unit of another 



50 Chapter 54 [1937 

state of the United States who enters this state in fresh pur- 
suit, and continues within this state in such fresh pursuit, of 
a person in order to arrest him on the ground that he is be- 
heved to have committed a felony in such other state, shall 
have the same authority to arrest and hold such person in cus- 
tody, as has any member of any duly organized state, county 
or municipal peace unit of this state, to arrest and hold in 
custody a person on the ground that he is believed to have 
committed a felony in this state. 

2. Court Hearing. If an arrest is made in this state by an 
officer of another state in accordance with the provisions of 
section 1 of this act he shall without unnecessary delay take 
the person arrested before any justice of the superior court or 
of the municipal court of any city who shall conduct a hearing 
for the purpose of determining the lawfulness of the arrest. 
If said justice determines that the arrest was lawful he shall 
commit the person arrested to await for a reasonable time the 
issuance of an extradition warrant by the governor of this 
state, or admit such person to bail pending the issuance of such 
warrant. If the said justice determines that the arrest was 
unlawful he shall discharge the person arrested. 

3. Limitation. Section 1 of this act shall not be construed 
so as to make unlawful any arrest in this state which would 
otherwise be lawful, 

4. Definition. For the purpose of this act the word "state" 
shall include the District of Columbia. 

5. What Constitutes Fresh Pursuit. The term "fresh pur- 
suit" as used in this act shall include fresh pursuit as defined 
by the common law, and also the pursuit of a person who has 
committed a felony or who is reasonably suspected of having 
committed a felony. It shall also include the pursuit of a per- 
son suspected of having committed a supposed felony, though 
no felony has actually been committed, if there is reasonable 
ground for believing that a felony has been committed. Fresh 
pursuit as used herein shall not necessarily imply instant pur- 
suit, but pursuit without unreasonable delay. 

6. Certified Copies to be Forwaided. Upon the passage of 
this act it shall be the duty of the secretary of state to certify 
a copy of this act to the executive department of each of the 
states of the United States. 

7. Separability Clause. If any part of this act is for any 



1937] Chapters 55, 56 51 

reason declared void, it is declared to be the intent of this act 
that such invalidity shall not affect the validity of the remain- 
ing portions of this act. 

8, Title. This act may be cited as the Uniform Act on 
Fresh Pursuit. 

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

[Approved April 13, 1937.] 



CHAPTER 55. 



AN ACT RELATING TO THE SALE OF MEAT, FISH, AND FOV^L. 

Section I Section 

1. Net weight. I 2. Takes effect. 

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

1. Net Weight. Amend chapter 161 of the Public Laws by 
adding after section 40 the following new section : 40-a. Sale 
of Meat, Fish, and Fowl. All dressed meat, fresh and salt, 
meat products, fish and dressed fowl shall be sold or offered 
for sale by weight, provided, that the provisions of this section 
shall not apply to the sale of these articles where both buyer 
and seller in writing agree to other methods of sale. 

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

[Approved April 13, 1937.] 



CHAPTER 56. 

AN ACT RELATING TO TAKING AUREOLUS TROUT. 

Section I Section 

1. Taking aureolus trout. | 2. Takes effect. 

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

1. Taking Aureolus Trout. Amend section 4 of chapter 
201 of the Public Laws, as inserted by section 5, chapter 124, 
Laws of 1935, by striking out the word "ten" in the second line 
and inserting in place thereof the word, twelve, so that said 
section as amended shall read as follows: 4. Aureolus: Limit. 



52 Chapter 57 [1937 

Aureolus, or golden trout, not less than twelve 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. 

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

[Approved April 13, 1937.] 



CHAPTER 57. 



AN ACT RELATING TO DEFINITION OF PACKAGE IN THE LAWS 
RELATING TO WEIGHTS AND MEASURES. 

Section I Section 

1. Definition of package. | 2. Takes effect. 

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

1. Package. Amend chapter 161 of the Public Laws by 
adding after section 29 the following new section: 29-a. 
Definition. When used in laws relative to weights and meas- 
ures the word "package" shall mean any commodity in a box, 
basket, barrel, bottle, bag, bale, crate, carton, case, can, cask, 
crock, drum, demijohn, firkin, hamper, hogshead, half-barrel, 
jar, jug, keg, lug, phial, pail, sack, tube, tub, tank, vessel or 
any other receptacle or container of whatsoever material or 
nature which can be used for enclosing any commodity or in 
coverings or wrappings of any kind making one complete pack- 
age of the commodity, provided, however, the definition herein 
shall not apply to the sale of articles by the retailer from bulk 
and by him put up at the time of actual delivery to his cus- 
tomers. 

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

[Approved April 13, 1937.] 



1937] Chapter 58 53 

CHAPTER 58. 

AN ACT RELATING TO MATERNAL AND CHILD HEALTH AND TO 
CRIPPLED CHILDREN 



Section 
3. Takes effect. 



Section 

1. Maternal and child-health 

services. 

2. Services authorized. 

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

1. State Board of Health. Amend section 11 of chapter 
128 of the Public Laws by striking out the whole of said sec- 
tion and inserting in place thereof the following: 11. Ma- 
ternal and Child-Health Services. The board may administer 
a program of maternal and child-health services, and shall 
supervise the administration of those services included in 
the program which are not administered directly by it. The 
purpose of such program shall be to provide, develop, extend, 
and improve state and local maternal and child-health services, 
including local maternal and child-health services administered 
by local units, to provide for co-operation with medical, nurs- 
ing, and welfare groups and organizations, and to provide for 
the development of demonstration services in needy areas and 
among groups in special need. Nothing in this section, how- 
ever, or in sections 12, 13 or 14 of this chapter, shall in any 
way affect the operation of the provisions of chapter 116 of the 
Public Laws, or of chapter 123 of the Public Laws, or of any 
other provision of the Public Laws providing maternal or 
child-health services. 

2. Services Authorized. Amend said chapter 128 by in- 
serting after section 11 as hereinbefore amended the following 
new sections: 

12. Crippled Children. The state board of health may ad- 
minister, and is hereby designated as the agency of the state 
to administer, a program of services for children who are 
crippled or who are suffering from conditions which lead to 
crippling, and shall supervise the administration of those serv- 
ices included in the program which are not administered 
directly by it. The purpose of such program shall be to de- 
velop, extend, and improve services for locating such children, 
and for providing for medical, surgical, corrective, and other 



B4 rf"^""' Chapter 59 [1937 

services ajid care, and for facilities for diagnosis, hospitaliza- 
tion, and after care. 

13. Authorization. The board is hereby authorized: 

I. To formulate and administer a detailed plan or plans 
for the purposes specified in sections 11 and 12, and to make 
such rules and regulations as may hp nscgssary or desirable 
for the administration of guch plans and provisions of this act ; 

II. To receive and expend in accordance with such plans 
all funds made available to the board by the federal govern- 
ment, the state or its political subdivisions, or from other 
sources, for such purposes ; - — , 

III. To co-operate with the federal government, through 
its appropriate agency or instrumentality, and with other state 
and local agencies and organizations, in developing, extending, 
and improving the services specified in sections 11 and 12, and 
in the administration of such plans. 

14. Limitations. Nothing in this chapter shall be con- 
strued as authorizing any pubhc official, agent or representa- 
tive, in carrying out any provision of this chapter, to take 
charge of any child over the objection of either the father or 
the mother of such child, or of the person standing in loco 
parentis to such child, except pursuant to a proper court order. 

15. Penalty. Any person violating the provisions of this 
chapter, or any rule, regulation or ordinance of said board 
made under the authority of this chapter, shall be guilty of a 
misdemeanor. 

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

[Approved April 13, 1937.] 



CHAPTER 59. 



AN ACT ACCEPTING THE PROVISIONS OF THE ACT OF CONGRESS 
RELATIVE TO THE FURTHER DEVELOPMENT OF CO- 
OPERATIVE AGRICULTURAL EXTENSION WORK. 

Section I Section 

1. Acceptance of federal act. | 2. Takes effect. 

Whereas, the Congress of the United States has passed an 
act, approved June 29, 1935, (Public No. 182, 74th Congress) 
entitled An act to provide for research into basic laws and prin- 



1937] Chapter 60 55 

ciples relating to agriculture and to provide for the further 
development of co-operative agricultural extension v^ork and 
the more complete endowment and support of land-grant 
colleges, and 

Whereas, the provisions of said act and the grants of 
money authorized by said act are made subject to the legisla- 
tive assent of the several states and territories, nov^ therefore. 

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

1. Acceptance. The assent of the legislature of the state 
of New Hampshire is hereby given to the provisions and re- 
quirements of the act hereinbefore mentioned and the trustees 
of the New Hampshire College of Agriculture and the 
Mechanic Arts are hereby authorized and empowered to re- 
ceive the grants of money appropriated under said act in ac- 
cordance with the terms and conditions expressed in said act. 

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

[Approved April 13, 1937.] 



CHAPTER 60. 



AN ACT CHANGING THE NAME OF A CERTAIN POND IN THE TOWN 

OF GILMANTON. 

Section I Section 

1. Name changed. I 2. Takes effect. 

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

1. Name Changed. The name of Guinea Pond in the town 
of Gilmanton is hereby changed to Manning Lake. 

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

[Approved April 13, 1937.] 



56 Chapter 61 [1937 

CHAPTER 61. 

AN ACT RELATIVE TO ACCEPTANCE OF CERTAIN FEDERAL AID 

ROAD ACTS. 



Section 

L Acceptance of federal aid road 
acts. 



Section 

2. Highways ; federal aid. 

3. Takes effect. 



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

1. Federal Aid Road Acts. Amend section 1 of chapter 88 
of the Public Laws by inserting after the word "purposes" in 
the fourth line the words, and all acts amendatory thereof and 
supplementary thereto, and by striking out the word "act" in 
the seventh line and inserting in place thereof the word, acts, 
so that said section as amended shall read as follows: 
1. Provisions Accepted. The provisions of the act provided 
for in Senate Document 548, Public Law No. 156, 64th Con- 
gress (H. R. 7617), an act to provide that the United States 
shall aid the states in the construction of rural post roads and 
for other purposes, and all acts amendatory thereof and supple- 
mentary thereto, are assented to, and the state highway de- 
partment through its commissioner is authorized to make the 
necessary surveys and estimates to carry out the provisions 
of said acts. 

2. Highways; Federal Aid. Amend chapter 88 of the Pub- 
lic Laws by adding at the end of said chapter the following new 
section: 5. Maintenance. Where, under the provisions of 
said amendatory and supplementary acts improvements are 
made involving federal funds within the limits of compact 
sections of cities and towns of over twenty-five hundred in- 
habitants or upon local roads not regularly maintained by the 
state, the roads so improved shall thereafter be maintained by 
said city, town or place to the satisfaction of the highway com- 
missioner. In case any city, town or place shall neglect to 
make the necessary repairs such repairs shall be made under 
the direction of the highway commissioner at the expense of 
the state and the cost thereof shall be added to the state tax 
of such city, town or place for the next year. 

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

[Approved April 13, 1937.] 



1937] Chapters 62, 63 57 

CHAPTER 62. 

AN ACT IN RELATION TO TAX COLLECTORS. 



Section 
2. Takes effect. 



SiXTION 

1. Temporary incapacity of tax 
collector. 

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

1. Tax Collector. Amend chapter 47 of the Public Laws 
by inserting after section 32 the following new section : 32-a. 
Temporary Incapacity. If a collector of taxes is temporarily 
incapacitated before completing the collection of the taxes com- 
mitted to him or if any necessity may arise for such action the 
selectmen may appoint some suitable person as deputy collec- 
tor to collect such taxes, during such incapacity or for such 
term as necessity may require, and issue a warrant to him for 
that purpose. Said deputy shall give bond, possess the powers, 
perform the duties and be paid as other collectors. The select- 
men shall determine the term of office of said deputy and upon 
the expiration of said term, if the collection of the taxes has 
not been completed the selectmen shall issue to the collector a 
warrant for that purpose. 

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

[Approved April 13, 1937.] 



CHAPTER 63. 

AN ACT RELATING TO LEGAL HOLIDAYS. 

Section 1 Section 

1. New Hampshire Day. 1 2. Takes effect. 

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

1. New Hampshire Day. The twenty-first day of June be- 
ing the anniversary of the ratification of the federal constitu- 
tion by the state, is hereby made a legal holiday for the year 
1938. 

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

[Approved April 13, 1937.] 



58 Chapter 64 [1937 

CHAPTER 64. 

AN ACT PROVIDING THAT THE STATE OF NEW HAMPSHIRE MAY 

ENTER INTO A COMPACT WITH ANY OF THE UNITED 

STATES FOR MUTUAL HELPFULNESS IN RELATION 

TO PERSONS CONVICTED OF CRIME OR OFFENSES 

WHO MAY BE ON PROBATION OR PAROLE. 



Section 

3. Takes effect. 

4. Title. 



Section 

1. Execution of compact author- 

ized. 

2. Separability clause. 

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

1. Execution of Compact Authorized. The governor of this 
state is hereby authorized and directed to execute a compact on 
behalf of the state of New Hampshire with any of the United 
States legally joining therein in the form substantially as 
follows : 

A Compact entered into by and among the contracting 
states, signatories hereto, with the consent of the Congress of 
the United States of America, granted by an act entitled "An 
Act Granting the Consent of Congress to any two or more 
States to enter into Agreements or Compacts for Co-operative 
Effort and Mutual Assistance in the Prevention of Crime and 
for other purposes." 

The contracting states solemnly agree : 

I. That it shall be competent for the duly constituted 
judicial and administrative authorities of a state party to this 
compact, herein called "sending state," to permit any person 
convicted of an offense within such state and placed on pro- 
bation or released on parole to reside in any other state party 
to this compact, herein called "receiving state," while on pro- 
bation or parole, if (a) Such person is in fact a resident of or 
has his family residing within the receiving state and can 
obtain employment there ; (b) Though not a resident of the re- 
ceiving state and not having his family residing there, the re- 
ceiving state consents to such person being sent there. Before 
granting such permission, opportunity shall be granted to the 
receiving state to investigate the home and prospective em- 
ployment of such person. A resident of the receiving state, 
within the meaning of this section, is one who has been an 
actual inhabitant of such state continuously for more than onQ 



1937] '^ - .., Chapter 64 5^ 

year prior to his coming to the sending state and has not re- 
sided within the sending state more than six continuous months'- 
immediately preceding the commission of the offVnse for which 
he has been convicted. 

n. That each receiving state will assume the (f«^6s of 
V'isitatidh of aiid supervision over probationers or parol^^ of 
any sending state arid in the exercise of those duties wilf be^* 
governed by the sarii© standards that prevail for its own pro- 
bationers and parolees. 

III. That duly accredited officers of a sending state may 
at all times enter a receiving state and there apprehend and re- 
take any person on probation or parole. For that purpose im) 
formalities will be required other than establishing the att- 
thority of the officer and the identity of the person to be re- 
taken. All legal requirements to obtain extradition of fugi- 
tives from justice are hereby expressly waived on the part of 
states party hereto, as to such persons. The decision of the 
sending state to retake a person on probation or parole shall be 
conclusive upon and not reviewable within the receiving state ; 
provided, however, that if at the time when a state seeks to re- 
take a probationer or parolee there should be pending against 
him within the receiving state any criminal charge, or he 
should be suspected of having committed within such state a 
criminal offense, he shall not be retaken without the consent of 
the receiving state until discharged from prosecution or from 
imprisonment for such offense. 

IV. That the duly accredited officers of the sending state 
will be permitted to transport prisoners being retaken through 
any and all states parties to this compact, without interference. 

V. That the governor of each state may designate an 
officer who, acting jointly with like officers of other contract- 
ing states, if and when appointed, shall promulgate such rules 
and regulations as may be deemed necessary to more effec- 
tively carry out the terms of this compact. 

VI. That this compact shall become operative immedi- 
ately upon its execution by any state as between it and any 
other state or states so executing. When executed it shall have 
the full force and effect of law within such state, the form of 
execution to be in accordance with the laws of the executing 
state. 

VII. That this compact shall continue in force and re- 
main binding upon each executing state until renounced by it. 



60 



Chapter 65 



[1937 



The duties and obligations hereunder of a renouncing state 
shall continue as to parolees or probationers residing therein 
at the time of withdrawal until retaken or finally discharged 
by the sending state. Renunciation of this compact shall be 
by the same authority which executed it, by sending six 
months' notice in writing of its intention to withdraw from the 
compact to the other states party hereto. 

2. Separability Clause. If any section, sentence, subdivi- 
sion or clause of this act is for any reason held invalid or to 
be unconstitutional, such decision shall not affect the validity 
of the remaining portions of this act. 

3. Takes Effect. Whereas an emergency exists for the im- 
mediate taking effect of this act, the same shall become effec- 
tive immediately upon its passage. 

4. Title. This act may be cited as the "Uniform Act for 
Out-of-State Parolee Supervision." 

[Approved April 15, 1937.] 



CHAPTER 65. 



AN ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITH- 
OUT A STATE IN CRIMINAL PROCEEDINGS. 



and 



Section 

1. Definitions. 


Section 
4. Exemption from arrest a 


2. Summoning witness in this 

state to testify in another 
state. 

3. Witness from another state 

summoned to testify in this 
state. 


5. 
6. 
7. 
8. 
9. 


service of process. 
Uniformity of interpretation 
Short title. 

Inconsistent laws repealed. 
Constitutionality. 
Takes effect. 



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

1. Definitions. ''Witness" as used in this act shall include 
a person whose testimony is desired in any proceeding or in- 
vestigation by a grand jury or in a criminal action, prosecution 
or proceeding. 

The word "state" shall include any territory of the United 
States and District of Columbia. 

The word "summons" shall include a subpoena, order or 
other notice requiring the appearance of a witness. 

2. Summoning Witness in this State to Testify in Another 
State. If a judge of a court of record in any state which by 



1937] Chapter 65 61 

its laws has made provision for commanding persons within 
that state to attend and testify in this state certifies under the 
seal of such court that there is a criminal prosecution pending 
in such court, or that a grand jury investigation has com- 
menced or is about to commence, that a person being within 
this state is a material witness in such prosecution, or grand 
jury investigation, and that his presence will be required for 
a specified number of days, upon presentation of such certifi- 
cate to any judge of a court of record in the county in which 
such person is, such judge shall fix a time and place for a hear- 
ing, and shall make an order directing the witness to appear at 
a time and place certain for the hearing. 

If at a hearing the judge determines that the witness is 
material and necessary, that it will not cause undue hardship 
to the witness to be compelled to attend and testify in the prose- 
cution or a grand jury investigation in the other state, and that 
the laws of the state in which the prosecution is pending or 
grand jury investigation has commenced or is about to com- 
mence and of any other state through which the witness may 
be required to pass by ordinary course of travel, will give to 
him protection from arrest and the service of civil and criminal 
process, he shall issue a summons, with a copy of the certificate 
attached, directing the witness to attend and testify in the 
court where the prosecution is pending, or where a grand jury 
investigation has commenced or is about to commence at a time 
and place specified in the summons. In any such hearing the 
certificate shall be prima facie evidence of all the facts stated 
therein. 

If said certificate recommends that the witness be taken 
into immediate custody and delivered to an officer of the re- 
questing state to assure his attendance in the requesting state, 
such judge may, in lieu of notification of the hearing, direct 
that such witness be forthwith brought before him for said 
hearing; and the judge at the hearing being satisfied of the de- 
sirability of such custody and delivery, for which determina- 
tion the certificate shall be prima facie proof of such desira- 
bility may, in lieu of issuing subpoena or summons, order that 
said witness be forthwith taken into custody and delivered to 
an officer of the requesting state. 

If the witness, who is summoned as above provided, after 
being paid or tendered by some properly authorized person the 



62 Chapter 65 [1937 

sum of ten cents a mile for each mile by the ordinary traveled 
route to and from the court where the prosecution is pending 
and five dollars for each day, that he is required to travel and 
attend as a witness, fails without good cause to attend and 
testify as directed in the summons, he shall be punished in the 
manner provided for the punishment of any witness who dis- 
obeys a summons issued from a court of record in this state. 

3. Witness from Another State Summoned to Testify in 
this State. If a person in any state, which by its laws has 
made provision for commanding persons within its borders to 
attend and testify in criminal prosecutions, or grand jury in- 
vestigations commenced or about to commence, in this state, 
is a material witness in a prosecution pending in a court of 
record in this state, or in a grand jury investigation which has 
commenced or is about to commence, a judge of such court may 
issue a certificate under the seal of the court stating these 
facts and specifying the number of days the witness will be re- 
quired. Said certificate may include a recommendation that 
the witness be taken into immediate custody and delivered to 
an officer of this state to assure his attendance in this state. 
This certificate shall be presented to a judge of a court of rec- 
ord in the county in which the witness is found. 

If the witness is summoned to attend and testify in this 
state he shall be tendered the sum of ten cents a mile for each 
mile by the ordinary traveled route to and from the court 
where the prosecution is pending, and five dollars for each day 
that he is required to travel and attend as a witness. A wit- 
ness who has appeared in accordance with the provisions of the 
summons shall not be required to remain within this state a 
longer period of time than the period mentioned in the certifi- 
cate, unless otherwise ordered by the court. If such witness, 
after coming into this state, fails without good cause to attend 
and testify as directed in the summons, he shall be punished in 
the manner provided for the punishment of any witness who 
disobeys a summons issued from a court of record in this state. 

4. Exemption from Arrest and Service of Process. If a 
person comes into this state in obedience to a summons direct- 
ing him to attend and testify in this state he shall not while in 
this state pursuant to such summons be subject to arrest or 
the service of process, civil or criminal, in connection with 



1937] Chapter 66 6^ 

matters which arose before his entrance into this state under 
the summons. 

If a person passes through this state while going to an- 
other state in obedience to a summons to attend and testify 
in that state or while returning therefrom, he shall not while 
so passing through this state be subject to arrest or the serv- 
ice of process, civil or criminal, in connection with matters 
which arose before his entrance into this state under the sum- 
mons. 

5. Uniformity of Interpretation. This act shall be so in- 
terpreted and construed as to effectuate its general purpose to 
make uniform the law of the states which enact it. 

6. Short Title. This act may be cited as "Uniform Act to 
Secure the Attendance of Witnesses from Without a State in 
Criminal Proceedings." 

7. Inconsistent Laws Repealed. All acts or parts of acts 
inconsistent with this act are hereby repealed. 

8. Constitutionality. If any provision of this act or the 
application thereof to any person or circumstances is held in- 
valid, such invalidity shall not affect other provisions or ap- 
plications of the act which can be given effect without the 
invalid provision or application, and to this end the provisions 
of this act are declared to be severable. 

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

[Approved April 15, 1937.] 



CHAPTER 66. 



AN ACT CHANGING THE NAME OF WICWAS POND TO WICWAS 

LAKE. 

Section I Section 

1. Name changed. | 2. Takes effect. 

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

1. Name Changed. The body of water in the town of 
Meredith now known as Wicwas pond shall hereafter be called 
Wicwas lake. 

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

[Approved April 15, 1937.] 



64 



Chapter 67 



[1937 



CHAPTER 67.* 

AN ACT ESTABLISHING A SECONDARY HIGHWAY SYSTEM. 



Section 



1. 


Secondary state highway system. 


6. 


Construction. 


2. 


Layout. 


7. 


'Maintenance. 


3. 


Taking land. 


8. 


Expenditure authorized 


4. 


Completion. 


9. 


Takes effect. 


5. 


Priority. 







Section 



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

1. Secondary State Highway System. For the purpose of 
developing recreational areas and rural communities that are 
not now adequately served by highway transportation facili- 
ties and to connect existing highways into a secondary high- 
way system in accordance with the plan shown upon a map 
filed in the office of the secretary of state and designated, 
"Secondary State Highway System 1937" prepared by the 
highway commissioner and made a part of this act by this 
reference thereto, the highway commissioner, whenever in his 
opinion the public good so requires, may designate for improve- 
ment, subject to the approval of the governor and council, any 
part or all of said system. 

2. Layout. The highway commissioner shall determine 
the route to be followed by each of the highways included in 
said system and the order in which the work thereon shall be 
begun, prosecuted, and completed. 

3. Taking Land. The routes of highways included in said 
system may be changed from existing highways by the high- 
way commissioner to such extent as in his opinion the public 
good may require, and for that purpose he is authorized to 
designate such changes and upon his recommendation the gov- 
ernor and council may take or purchase land and have damages 
assessed therefor, in accordance with the provisions of chapter 
77 of the Public Laws, as amended by chapter 139, Laws of 
1931. 

4. Completion. No town through which highways included 
in said system pass shall receive any state aid for highway im- 
provements except on said highways until said improvement 
thereon shall have been completed within such town, other 
than on highways heretofore designated for improvement. 



* See chapter 122, post. 



1937] Chapter 67 65 

Nothing in this act shall prevent a town from exercising the 
option authorized by section 25, chapter 84, Public Laws, as 
amended by section 7, chapter 17, Laws of 1935. No part of 
the funds hereinafter provided shall be used within the com- 
pact part of any town having a population of twenty-five hun- 
dred or more, such compact part to be determined by the high- 
way commissioner. 

5. Priority. The highway commissioner shall apportion 
the fund hereinafter provided to the towns through which said 
highways shall pass. In making such apportionment, prefer- 
ence shall be given to such parts of said highways as have not 
heretofore been improved under state aid and to such portions 
as shall be in such condition as to require immediate improve- 
ment. 

6. Construction. The highways included in said system 
shall be improved under the direction of the highway commis- 
sioner and the expense of such improvement shall be borne by 
the state and towns in the proportion required by chapter 84, 
Public Laws, as amended, except that where it appears that the 
road designated is of no particular benefit to a town, or in cases 
where a town is unable to pay its proportion of such cost, the 
highway commissioner may, with the approval of the governor 
and council, pay such further expense as may be deemed 
equitable. 

7. Maintenance. All highways and bridges constructed 
under the provisions of this act shall be maintained by the 
state or by the town in which such highway or bridge is located 
in accordance with the designation as to maintenance shown on 
said map. 

8. Expenditure Authorized. The highway commissioner is 
hereby authorized to expend from the highway funds such 
sums as may be necessary to carry out the provisions of this 
act. 

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

[Approved April 20, 1937.] 



66 Chapters 68, 69 [1937 

CHAPTER 68. 

AN ACT RELATING TO THE PRACTICE OF CHIROPRACTIC. 

Section I Section 

1. Practice of chiropractic. | 2. Takes eflfect. 

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

1. Practice of Chiropractic. Amend section 16 of chapter 
206 of the Public Laws by striking out the same and inserting 
in place thereof the following : 16. Penalties. Whoever, not 
being registered and licensed as herein provided, shall adver- 
tise himself or in any way hold himself out as qualified to 
practice chiropractic, or whoever does so after receiving notice 
that his license has been revoked, and whoever, being regis- 
tered and licensed as herein provided, shall advertise or call 
himself, or allow himself to be advertised or called a physician 
or a doctor, or use any physician's or doctor's insignia as such, 
except "Doctor (name of chiropractor) chiropractor," shall be 
fined not more than one hundred dollars, or imprisoned not 
more than three months for the first offense, and for any sub- 
sequent offense he shall be fined not more than two hundred 
and fifty dollars, or imprisoned not more than six months, or 
both ; and upon conviction his license shall be revoked. 

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

[Approved April 21, 1937.] 



CHAPTER 69. 



AN ACT RELATING TO THE OPERATION OF MOTOR VEHICLES BY 
UNLICENSED OPERATORS. 



Section 
2. Takes effect. 



Section 

L Motor vehicle operation with- 
out a license prima facie 
evidence of unfitness. 

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

1. Motor Vehicle Operation Without a License Prima Facie 
Evidence of Unfitness. Amend section 9 of chapter 101 of the 
Public Laws by adding at the end thereof the following ; and if 
any person shall operate a motor vehicle in violation of this 



1937] 



Chapter 70 



67 



section such violation in any civil action shall be prima facie 
evidence of his unfitness to operate a motor vehicle, so that 
said section as amended shall read as follows: 9. License 
Necessaiy. No person shall operate a motor vehicle upon any 
way in this state unless licensed under the provisions of this 
title, or permit such a vehicle owned or controlled by him to be 
so operated by a person not so licensed, except as otherwise 
herein provided, and if any person shall operate a motor 
vehicle in violation of this section such violation in any civil 
action shall be prima facie evidence of his unfitness to operate 
a motor vehicle. 

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

[Approved April 21, 1937.] 



CHAPTER 70. 



AN ACT TO MAKE UNIFORM THE PROCEDURE ON INTERSTATE 

EXTRADITION. 

Section 

1. Interstate extradition; new 
chapter : 

1. Definitions. 

2. Fugitives from justice. 

3. Form of demand. 

4. Governor may investigate. 

5. Extradition of persons in 

another state. 

6. Extradition of persons 

not present in demand- 
ing state at time of 
commission of crime. 

7. Issue of governor's war- 

rant. 

8. Manner and place of 

execution. 

9. Authority of arresting 

officer. 

10. Right of accused person. 

11. Penalty for non-com- 

pliance. 

12. Confinement in jail 

necessary. 

13. Arrest prior to requisi- 

tion. 

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



Section 




14. 


Arrest without warrant. 


15. 


Commitment to await 




requisition. 


16. 


Bail. 


17. 


Extension of time. 


18. 


Forfeiture of bail. 


19. 


Persons under criminal 




prosecution. 


20. 


Guilt or innocence of 




accused. 


21. 


Governor may recall 




warrant. 


22. 


Duty of governors. 


23. 


Application for requi- 




sition. 


24. 


Expenses. 


25. 


Immunity from service 




of process. 


26. 


Written waiver. 


27. 


Non-waiver by this state. 


28. 


No right of asylum. 


29. 


Interpretation 


30. 


Constitutionality. 


31. 


Short title. 


2. Take 


s effect. 



1. Interstate Extradition. Amend chapter 377 of the 



68 Chapter 70 [1937 

Public Laws by striking out the entire chapter and inserting in 
place thereof the following : 

CHAPTER 377 

1. Definitions. Where appearing in this act, the term 
"governor" includes any person performing the functions of 
governor by authority of the law of this state. The term 
"executive authority" includes the governor, and any person 
performing the functions of governor in a state other than this 
state. The term "state," referring to a state other than this 
state, includes any other state or territory, organized or un- 
organized, of the United States of America. 

2. Fugitives from Justice; Duty of Governor. Subject to 
the provisions of this act, the provisions of the Constitution of 
the United States controlling, and any and all acts of Congress 
enacted in pursuance thereof, it is the duty of the governor of 
this state to have arrested and delivered up to the executive 
authority of any other state of the United States any person 
charged in that state with treason, felony, or other crime, who 
has fled from justice and is found in this state. 

3. Form of Demand. No demand for the extradition of a 
person charged with crime in another state shall be recognized 
by the governor unless in writing alleging, except in cases 
arising under section 6, that the accused was present in the 
demanding state at the time of the commission of the alleged 
crime, and that thereafter he fled from the state, and accom- 
panied by a copy of an indictment found or by information 
supported by affidavit in the state having jurisdiction of the 
crime, or by a copy of an affidavit made before a magistrate 
there, together with a copy of any warrant which was issued 
thereupon; or by a copy of a judgment of conviction or of a 
sentence imposed in execution thereof, together with a state- 
ment by the executive authority of the demanding state that 
the person claimed has escaped from confinement or has 
broken the terms of his bail, probation or parole. The indict- 
ment, information, or affidavit made before the magistrate 
must substantially charge the person demanded with having 
committed a crime under the law of that state ; and the copy 
of indictment, information, affidavit, judgment of conviction or 
sentence must be authenticated by the executive authority 
making the demand. 



1937] Chapter 70 69 

4. Governor May Investigate Case. When a demand shall 
be made upon the g-overnor of this state by the executive 
authority of another state for the surrender of a person so 
charged with crime, the governor may call upon the attorney- 
general or any prosecuting officer in this state to investigate 
or assist in investigating the demand, and to report to him the 
situation and circumstances of the person so demanded, and 
whether he ought to be surrendered. 

5. Extradition of Persons Imprisoned or Awaiting Trial in 
Another State or Who Have Left the Demanding State Under 
Compulsion. When it is desired to have returned to this state 
a person charged in this state with a crime, and such person is 
imprisoned or is held under criminal proceedings then pending 
against him in another state, the governor of this state may 
agree with the executive authority of such other state for the 
extradition of such person before the conclusion of such pro- 
ceedings or his term of sentence in such other state, upon con- 
dition that such person be returned to such other state at the 
expense of this state as soon as the prosecution in this state 
is terminated. The governor of this state may also surrender 
on demand of the executive authority of any other state any 
person in this state who is charged in the manner provided in 
section 23 of this act with having violated the laws of the state 
whose executive authority is making the demand, even though 
such person left the demanding state involuntarily. 

6. Extradition of Persons Not Present in Demanding State 
at Time of Commission of Crime. The governor of this state 
may also surrender, or demand of the executive authority of 
any other state, any person in this state charged in such other 
state in the manner provided in section 3 with committing an 
act in this state, or in a third state, intentionally resulting in a 
crime in the state whose executive authority is making the de- 
mand, and the provisions of this act not otherwise inconsistent, 
shall apply to such cases, even though the accused was not in 
that state at the time of the commission of the crime, and has 
not fled therefrom. 

7. Issue of Governor's Warrant of Anest; its Recitals. If 
the governor decides that the demand should be compHed vv'ith, 
he shall sign a warrant of arrest, which shall be sealed with the 
state seal, and be directed to any peace officer or other person 
whom he may think fit to entrust with the execution thereof. 



70 Chapter 70 [1937 

The warrant must substantially recite the facts necessary to 
the validity of its issuance. 

8. Manner and Place of Execution. Such warrant shall 
authorize the peace officer or other person to whom directed to 
arrest the accused at any time and any place where he may be 
found within the state and to command the aid of all peace of- 
ficers or other persons in the execution of the warrant, and to 
deliver the accused, subject to the provisions of this act to the 
duly authorized agent of the demanding state. 

9. Authority of Arresting Officer. Every such peace officer 
or other person empowered to make the arrest, shall have the 
same authority in arresting the accused, to command assist- 
ance therein, as peace officers have by law in the execution of 
any criminal process directed to them, with like penalties 
against those who refuse their assistance. 

10. Rights of Accused Person; Application for Writ of 
Habeas Corpus. No person arrested upon such warrant shall be 
delivered over to the agent whom the executive authority de- 
manding him shall have appointed to receive him unless he shall 
first be taken forthwith before a judge of a court of record 
in this state, who shall inform him of the demand made for his 
surrender and of the crime with which he is charged, and that 
he has the right to demand and procure legal counsel; and if 
the prisoner or his counsel shall state that he or they desire to 
test the legality of his arrest, the judge of such court of record 
shall fix a reasonable time to be allowed him within which to 
apply for a writ of habeas corpus. When such writ is applied 
for, notice thereof, and of the time and place of hearing there- 
on, shall be given to the prosecuting officer of the county in 
which the arrest is made and in which the accused is in cus- 
tody, and to the said agent of the demanding state. 

11. Penalty for Non-compliance with Preceding Section. 
Any officer who shall deliver to the agent for extradition of the 
demanding state a person in his custody under the governor's 
warrant, in wilful disobedience to the last section, shall be 
guilty of a misdemeanor and, on conviction, shall be fined not 
more than one thousand dollars or be imprisoned not more 
than six months, or both. 

12. Confinement in Jail When Necessary. The officer or 
person executing the governor's warrant of arrest, or the agent 
of the demanding state to whom the prisoner may have been 



1937] Chapter 70 71 

delivered, may, when necessary, confine the prisoner in the 
jail of any county or city through which he may pass; and the 
keeper of such jail must receive and safely keep the prisoner 
until the officer or person having charge of him is ready to 
proceed on his route, such officer or person being chargeable 
with the expense of keeping. The officer or agent of a de- 
manding state to whom a prisoner may have been delivered 
following extradition proceedings in another state, or to whom 
a prisoner may have been delivered after waiving extradition 
in such other state, and who is passing through this state with 
such a prisoner for the purpose of immediately returning such 
prisoner to the demanding state may, when necessary, confine 
the prisoner in the jail of any county or city through which he 
may pass; and the keeper of such jail must receive and safely 
keep the prisoner until the officer or agent, having charge of 
him is ready to proceed on his route, such officer or agent, how- 
ever, being chargeable with the expense of keeping ; provided, 
however, that such officer or agent shall produce and show to 
the keeper of such jail satisfactory written evidence of the fact 
that he is actually transporting such prisoner to the demand- 
ing state after a requisition by the executive authority of such 
demanding state. Such prisoner shall not be entitled to de- 
mand a new requisition while in this state. 

13. Arrest Prior to Requisition. Whenever any person 
within this state shall be charged on the oath of any credible 
person before any judge or magistrate of this state with the 
commission of any crime in any other state and, except in 
cases arising under section 6 with having fled from justice, or 
with having been convicted of a crime in that state and having 
escaped from confinement, or having broken the terms of his 
bail, probation or parole, or whenever complaint shall have 
been made before any judge or magistrate in this state setting 
forth on the affidavit of any credible person in another state 
that a crime has been committed in such other state and that 
the accused has been charged in such state with the commis- 
sion of the crime, and, except in cases arising under section 6, 
has fled from justice, or with having been convicted of a crime 
in that state and having escaped from confinement, or having 
broken the terms of his bail, probation or parole, and is be- 
lieved to be in this state, the judge or magistrate shall issue a 
warrant directed to any peace officer commanding him to ap- 



72 Chapter 70 [1937 

prehend the person named therein, wherever he may be found 
in this state, and to bring- him before the same or any other 
judge, magistrate or court who or which may be available in or 
convenient of access to the place where the arrest may be 
made, to answer the charge or complaint and affidavit, and a 
certified copy of the sworn charge or complaint and affidavit 
upon which the warrant is issued shall be attached to the 
warrant. 

14. Arrest Without a Warrant. The arrest of a person 
may be lawfully made also by any peace officer or a private per- 
son, without a warrant upon reasonable information that the 
accused stands charged in the courts of a state with a crime 
punishable by death or imprisonment for a term exceeding one 
year, but when so arrested the accused must be taken before 
a judge or magistrate with all practicable speed and complaint 
must be made against him under oath setting forth the ground 
for the arrest as in the preceding section; and thereafter his 
answer shall be heard as if he had been arrested on a warrant. 

15. Commitment to Await Requisition; Bail. If from the 
examination before the judge or magistrate it appears that the 
person held is the person charged with having committed the 
crime alleged and, except in cases arising under section 6, that 
he has fled from justice, the judge or magistrate must, by a 
warrant reciting the accusation, commit him to the county jail 
for such a time not exceeding thirty days and specified in the 
warrant, as will enable the arrest of the accused to be made 
under a warrant of the governor on a requisition of the execu- 
tive authority of the state having jurisdiction of the offense, 
unless the accused give bail as provided in the next section, or 
until he shall be legally discharged. 

16. Bail; in What Cases; Conditions of Bond. Unless the 
offense with which the prisoner is charged is shown to be an 
offense punishable by death or life imprisonment under the 
laws of the state in which it was committed, a judge or magis- 
trate in this state may admit the person arrested to bail by 
bond, with sufficient sureties, and in such sum as he deems 
proper, conditioned for his appearance before him at a time 
specified in such bond, and for his surrender, to be arrested up- 
on the warrant of the governor of this state. 

17. Extension of Time of Commitment, Adjournment. If 
the accused is not arrested under warrant of the governor by 



1937] Chapter 70 73 

the expiration of the time specified in the warrant or bond, a 
judge or magistrate may discharge him or may recommit him 
for a further period not to exceed sixty days, or a judge or 
magistrate judge may again take bail for his appearance and 
surrender, as provided in section 16, but within a period not to 
exceed sixty days after the date of such new bond. 

18. Forfeiture of Bail. If the prisoner is admitted to bail, 
and fails to appear and surrender himself according to the 
conditions of his bond, the judge, or magistrate by proper 
order, shall declare the bond forfeited and order his immediate 
arrest without warrant if he be within this state. Recovery 
may be had on such bond in the name of the state as in the 
case of other bonds given by the accused in criminal proceed- 
ings within this state. 

19. Persons Under Criminal Prosecution in This State at 
Time of Requisition. If a criminal prosecution has been in- 
stituted against such person under the laws of this state and is 
still pending, the governor, in his discretion, either may sur- 
render him on demand of the executive authority of another 
state or hold him until he has been tried and discharged or 
convicted and punished in this state. 

20. Guilt or Innocence of Accused, When Inquired Into. 
The guilt or innocence of the accused as to the crime of which 
he is charged may not be inquired into by the governor or in 
any proceeding after the demand for extradition accompanied 
by a charge of crime in legal form as above provided shall have 
been presented to the governor, except as it may be involved in 
identifying the person held as the person charged with the 
crime. 

21. Governor May Recall Warrant or Issue Alias. The 
governor may recall his warrant of arrest or may issue an- 
other warrant whenever he deems proper. 

22. Fugitives from This State; Duty of Governors. When- 
ever the governor of this state shall demand a person charged 
with crime or with escaping from confinement or breaking the 
terms of his bail, probation or parole in this state, from the 
executive authority of any other state, or from the chief jus- 
tice or an associate justice of the supreme court of the District 
of Columbia authorized to receive such demand under the laws 
of the United States, he shall issue a warrant under the seal 
of this state, to some agent, commanding him to receive the 



74 Chapter 70 [1937 

person so charged if delivered to him and convey him to the 
proper officer of the county in this state in which the offense 
was committed. 

23. Application for Issuance of Requisition; By Whom 
Made; Contents. 

I. When the return to this state of a person charged with 
crime in this state is required, the prosecuting attorney shall 
present to the governor his written application for a requisi- 
tion for the return of the person charged, in which application 
shall be stated the name of the person so charged, the crime 
charged against him, the approximate time, place and circum- 
stances of its commission, the state in which he is believed to 
be, including the location of the accused therein, at the time 
the application is made and certifying that, in the opinion of 
the said prosecuting attorney the ends of justice require the 
arrest and return of the accused to this state for trial and that 
the proceeding is not instituted to enforce a private claim. 

II. When the return to this state is required of a person 
who has been convicted of a crime in this state and has 
escaped from confinement or broken the terms of his bail, 
probation or parole, the prosecuting attorney of the county in 
which the offense was committed, the parole board, or the 
warden of the institution or sheriff of the county, from which 
escape was made, shall present to the governor a written ap- 
plication for a requisition for the return of such person, in 
which application shall be stated the name of the person, the 
crime of which he was convicted, the circumstances of his 
escape from confinement or of the breach of the terms of his 
bail, probation or parole, the state in which he is believed to 
be, including the location of the person therein at the time ap- 
plication is made. 

III. The application shall be verified by affidavit, shall be 
executed in duplicate and shall be accompanied by two certified 
copies of the indictment returned, or information and affidavit 
filed, or of the complaint made to the judge or magistrate, 
stating the offense with which the accused is charged, or of the 
judgment of conviction or of the sentence. The prosecuting 
officer, parole board, warden or sheriff may also attach such 
further affidavits and other documents in duplicate as he shall 
deem proper to be submitted with such application. One copy of 
the application, with the action of the governor indicated by 



1937] Chapter 70 75 

endorsement thereon, and one of the certified copies of the in- 
dictment, complaint, information, and affidavits, or of the judg- 
ment of conviction or of the sentence shall be filed in the office 
of the secretary of state to remain of record in that office. The 
other copies of all papers shall be forwarded with the gover- 
nor's requisition. 

24. Expenses. All expenses of officers of this state in con- 
nection with extradition proceedings under the provision of 
this act shall be paid out of the county treasury in the county 
wherein the crime is alleged to have been committed except as 
provided in the case of recommitment of certain paroled con- 
victs as provided by section 38, chapter 369, of the Public 
Laws, as amended by chapter 66, of the Laws of 1935. 

25. Immunity from Service of Process in Certain Civil 
Actions. A person brought into this state by, or after waiver 
of, extradition based on a criminal charge shall not be subject 
to service of personal process in civil actions arising out of the 
same facts as the criminal proceedings to answer which he is 
being or has been returned, until he has been convicted in the 
criminal proceeding, or if acquitted, until he has had reason- 
able opportunity to return to the state from which he was 
extradited. 

26. Written Waiver of Extradition Proceedings. Any per- 
son arrested in this state charged with having committed any 
crime in another state or alleged to have escaped from confine- 
ment, or broken the terms of his bail, probation or parole may 
waive the issuance and service of the warrant provided for in 
sections 7 and 8 and all other procedure incidental to extradi- 
tion proceedings, by executing or subscribing in the presence 
of a judge of any court of record within this state a writing 
which states that he consents to return to the demanding 
state; provided, however, that before such waiver shall be 
executed or subscribed by such person it shall be the duty of 
such judge to inform such person of his rights to the issuance 
and service of a warrant of extradition and to obtain a writ of 
habeas corpus as provided for in section 10. If and when such 
consent has been duly executed it shall forthwith be forwarded 
to the office of the governor of this state and filed therein. The 
judge shall direct the officer having such person in custody to 
deliver forthwith such person to the duly accredited agent or 
agents of the demanding state, and shall deliver or cause to be 



76 Chapter 70 [1937 

delivered to such agent or agents a copy of such consent; pro- 
vided, however, that nothing in this section shall be deemed to 
limit the rights of the accused person to return voluntarily and 
without formality to the demanding state, nor shall this waiver 
procedure be deemed to be an exclusive procedure or to limit 
the powers, rights or duties of the officers of the demanding 
state or of this state. 

27. Non-waiver by This State. Nothing in this act con- 
tained shall be deemed to constitute a waiver by this state of 
its right, power or privilege to try such demanded person for 
crime committed within this state, or of its right, power or 
privilege to regain custody of such person by extradition pro- 
ceedings or otherwise for the purpose of trial, sentence or pun- 
ishment for any crime committed within this state, nor shall 
any proceedings had under this act which result in, or fail to 
result in, extradition be deemed a waiver by this state of any 
of its rights, privileges or jurisdiction in any way whatsoever. 

28. No Right of Asylum; No Immunity from Other 
Criminal Prosecutions While in This State. After a person 
has been brought back to this state by, or after waiver of, ex- 
tradition proceedings he may be tried in this state for other 
crimes which he may be charged with having committed here 
as well as that specified in the requisition for his extradition. 

29. Interpretation. The provisions of this act shall be so 
interpreted and construed as to effectuate its general pur- 
poses to make uniform the law of those states which enact it. 

30. Constitutionality. If any provision of this act or the ap- 
plication thereof to any person or circumstances is held invalid, 
such invalidity shall not affect other provisions or applications 
of the act which can be given effect without the invalid provi- 
sion or application and to this end the provisions of this act 
are declared to be severable. 

31. Short Title. This act may be cited as the "Uniform 
Criminal Extradition Act." 

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

[Approved April 21, 1937.] 



1937] Chapter 71 77 

CHAPTER 71. 

AN ACT RELATING TO FIRE ESCAPES. 

Section I Section 

1. Fire escapes. 3. Repeal. 

2. Application of act. | 4. Takes effect. 

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

1. Fire Escapes. Amend section 9 of chapter 147 of the 
PubHc Laws by striking out the same and inserting in place 
thereof the following: 9. Where Required, and Kind to be 
Provided. No hotel, inn, lodging or boarding house or institu- 
tion, in which rooms above the second story are occupied for 
sleeping purposes, and no building more than two stories in 
height used or occupied above the second story as a school, 
theatre, hall for public assembly, factory, mill, shop, apart- 
ment or tenement house, shall be let, leased or occupied for 
such purposes unless provided with safe and adequate fire 
escapes consisting of metal stairways, with metal balconies, 
attached to the outer wall in such manner and place as to 
render egress from such building easy and safe. All windows 
opening upon such fire escapes shall be of wired glass. 

2. Application of Act. Further amend said chapter 147 by 
adding after section 9, as hereinbefore amended, the following 
new sections : 

9-a. Exceptions. The provisions of section 9 shall not 
apply to the following buildings : 

I. Buildings which are approved by the fire underwriters 
as being of fireproof construction; 

II. Buildings which are completely equipped with an ap- 
proved sprinkler system ; 

III. Buildings, except factories containing materials 
readily combustible or products made from such materials, 
provided with interior fire escapes of fireproof construction 
enclosed in fireproof walls and with exits as provided in section 
12; 

IV. Buildings which are approved by the state board of 
health or the commissioner of labor as provided in section 9-b. 

9-b. Standards Set Up. The commissioner of labor is here- 
by authorized to set standards defining requirements to insure 
ready and safe egress in the event of fire, for factories and 
workshops, more than two stories in height, and to approve 



78 Chapters 72, 73 [1937 

buildings which conform to such standards. The state board 
of health is hereby authorized to set such standards for other 
buildings as defined in section 9 and to approve buildings 
which conform thereto. 

3. Repeal. Section 14 of said chapter 147, relative to 
sprinkler systems, is hereby repealed. 

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

[Approved April 21, 1937.] 



CHAPTER 72. 



AN ACT RELATING TO THE BRIDGE BETWEEN ORFORD, N. H. AND 

FAIRLEE, VT. 

Section I Section 

1. Morey Memorial Bridge. | 2. Takes effect. 

Be it enacted by the Senate a?id House of Representatives in 
General Court convened: 

1. Morey Memorial Bridge. The bridge across the Con- 
necticut river between Orford, New Hampshire and Fairlee, 
Vermont, now being constructed by the state of New Hamp- 
shire and the state of Vermont shall hereafter be designated 
as the Samuel Morey Memorial Bridge. 

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

[Approved April 21, 1937.] 



CHAPTER 73. 

AN ACT CLOSING CERTAIN WATERS TO SMELT FISHING. 



Section 
2. Takes effect. 



Section 

1. Waters closed to smelt fish- 
ing. 

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

1. Smelt Fishing. Amend section 6, chapter 155 of the 
Laws of 1935 by inserting after the word "Hancock" in the 
seventeenth line, the following words, and Nelson, Silver lake 
in Nelson and Harrisville, Mill brook from White Oak pond to 



1937] Chapter 74 79 

Big Sqiiam lake in Holderness, so that said section as amended 
shall read as follows: 6. Closed Waters. The following 
waters are closed to smelt fishing: Dana Hines brook in Mere- 
dith, Dublin pond and the outlet as far as Clark's Mill pond 
dam in Dublin, White pond in Ossipee, Black brook in San- 
bornton 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 tributaries of 
Webster lake in Franklin, Echo lake in Marlow and Lempster, 
Inlet brook to Ledge pond in Madison, all tributaries of Loon 
lake in Freedom, Nubanusit lake in Hancock and Nelson, Silver 
lake in Nelson and Harrisville, Mill brook from White Oak 
pond to Big Squam lake in Holderness, 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. 

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

[Approved April 21, 1937.] 



CHAPTER 74. 

AN ACT RELATING TO THE LENGTH OF MOTOR VEHICLES. 



Section 

1. Width and length of motor 
vehicles excluded from high- 
ways. 



Section 
2. Takes effect. 



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

1. Motor Vehicles. Amend section 26 of chapter 103 of the 
Public Laws as amended by section 2 of chapter 157, Laws of 
1933, by striking out the words "thirty feet" and by inserting 
in place thereof the words thirty-three feet, so that said sec- 
tion as amended shall read: 26. Width; Length. No vehicle 



80 Chapter 75 [1937 

whose width including load is greater than ninety-six inches, 
or whose length including load is greater than thirty-three 
feet, and no combination of wheels coupled together whose 
total length, including load, is greater than forty-five feet, shall 
be operated on the highways of this state. Provided, how- 
ever, that the provisions of this section relative to length shall 
not apply to vehicles transporting poles, logs, timbers or metal 
when actually so employed, or to vehicles and combinations of 
greater length now registered and operated in this state and 
that in determining width there shall be excluded six inches of 
any increase in width due to changing to low pressure tire 
equipment from other tire equipment. 

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

[Approved April 21, 1937.] 



CHAPTER 75. 

AN ACT IN RELATION TO PUBLIC BATHS AND SWIMMING POOLS. 



Section 
2. Takes effect. 



Section 

1. Towns authorized to charge 
fees for public swimming 
pools. 

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

1. Towns Authorized to Charge Fees for Public Swimming 
Pools. Amend section 32 of chapter 42 of the Public Laws, as 
amended by chapter 98, Laws of 1927, by inserting therein 
after the word "pools" the words, and charge reasonable ad- 
mission and bathhouse fees in connection with the operation 
thereof, so that said section as amended shall read as follows : 
32. Establishment; Management. Any town may take land 
within the municipal hmits in fee by gift, purchase or right of 
eminent domain, or may lease the same; and may prepare, 
equip and maintain it, or any other land belonging to the mu- 
nicipality and suitable for the purpose, as a public playground 
and may authorize the collection of admission fees for amateur 
athletic contests thereon; may conduct and promote thereon 
play and recreation activities; may equip and operate neigh- 
borhood center buildings ; may operate public baths and swim- 



1937] Chapter 76 ^i 

ming pools and charge reasonable admission and bathhouse 
fees in connection with the operation thereof; and may em- 
ploy such play leaders, playground instructors, supervisors, 
recreation secretary, or superintendent and other officials as it 
deems best. 

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

[Approved April 21, 1937.] 



CHAPTER 76. 



AN ACT RELATING TO PERMITS FOR THE REGISTRATION OF MOTOR 

VEHICLES. 



Section 
2. Takes effect. 



Section 
1. Motor vehicle permits for 
registration. 

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

1. Municipal Permits. Amend section 12 of chapter 100 
of the Public Laws, as amended by chapter 5 of the Laws of 
1929, by striking out all of said section and inserting in place 
thereof the following: 12.* Transfer Credits. Upon the 
transfer of ownership of a motor vehicle the permit shall ex- 
pire ; provided that any owner who has paid a permit fee for a 
motor vehicle the ownership of which is transferred, or which 
is subsequently totally lost by fire, theft or accident, in the 
same calendar year, shall be entitled to a credit to the amount 
of any such permit fee or fees towards other permit fees which 
may be required of him in the same calendar year. No portion 
of any permit fee once paid shall be repaid to any person ; and 
from September first to December thirty-first such credits 
shall not exceed one third of the amount of the original fee. 

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

[Approved April 27, 1937.] 



Amended, chapter 113, post. 



82 Chapters 77, 78 [1937 

CHAPTER 77. 

AN ACT PROHIBITING WILFUL OR MALICIOUS INTERFERENCE WITH 

OR HARM TO HORSES USED FOR RACING, AND 

PRESCRIBING PENALTIES THEREFOR. 



Section 
2. Takes effect. 



Section 
1. Malicious interference with race 
horses prohibited. 

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

1. Horse Racing. Amend chapter 27 of the Laws of 1935 
by adding after section 13 a new section to be numbered 13-a 
to read as follows : 13-a. Malicious Interference with Horses 

Prohibited. Any person who wilfully or maliciously attempts 
to or does interfere with, tamper with, injure or destroy by 
the use of narcotics, drugs, stimulants or appliances of any 
kind any horse used for the purpose of racing, whether such 
horse be the property of such person or another, or who wil- 
fully or maliciously causes, instigates, counsels or in any way 
aids or abets any such interference, tampering, injury or de- 
struction shall, upon conviction, be fined not more than five 
thousand dollars or imprisoned for not more than three years 
or both, in the discretion of the court. 

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

[Approved April 27, 1937.] 



CHAPTER 78. 



AN ACT RELATIVE TO MEMBERSHIP OF CITY AND TOWN PLANNING 

BOARDS. 

Section | Section 



1. Qualifications for membership 
of city and town planning 
boards. 



2. Takes effect. 



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

1. Planning Boards. Amend section 5 of chapter 55 of the 
Laws of 1935 by inserting after the word "adjustment" in the 
fifth line the words, and provided also that any of such ap- 
pointed members may be members of a budget committee in a 



1937] Chapter 79 83 

town or a justice of the municipal court, so that said section as 
amended shall read as follows: 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 ap- 
pointed members may be a member of the zoning board of ad- 
justment and provided also that any of such appointed mem- 
bers may be members of a budget committee in a town or a 
justice of the municipal court. The terms of ex-offlcio mem- 
bers 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 member 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 ap- 
pointed 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. 

2. Takes Effect. This act shall take eff"ect upon its 
passage. 

[Approved April 27, 1937.] 



CHAPTER 79. 

AN ACT RELATING TO THE PROTECTION OF THE PUBLIC HEALTH. 

Section _ I Section 

1. Plumbing regulations made by 2. Constitutionality, 

state board of health. [ 3. Takes etifect. 

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

1. Plumbing Regulations. Amend chapter 153 of the 
Pubhc Laws by adding after section 6 the following: 

6-a. Public Health. The state board of health may make, 
may from time to time revise, and may enforce, such plumb- 
ing rules and regulations as it may deem necessary for pro- 
tection of the public health. Said rules and regulations shall 



84 Chapter 79 [1937 

be in effect in every city, village and area having a public 
water supply, and in all premises connected to a public water 
supply, and every city and town in which there is a public 
water supply shall provide for enforcement of them. They 
shall be construed as minimum and not as preventing local 
authorities from fixing more stringent ones. In case of a pub- 
lic water system lying in two or more cities or towns, the 
health officer or plumbing inspector of the city or town operat- 
ing the said system, or in which its management is located, 
shall have the power to make plumbing inspections and to en- 
force the said regulations as to any premises connected to that 
system and located in such other cities or towns. 

6-b. Definitions. 'Tlumbing" as used in this chapter, shall 
mean the art of installing in buildings the pipes, fixtures, and 
other apparatus for bringing in the water supply and remov- 
ing liquid and water-carried wastes. "Public water supply" 
means any water system supplying water for ten or more 
consumers, each family, tenement, store or other establish- 
ment being considered a single consumer. 

6-c. Water Department Employees. The licensing provi- 
sions of this chapter shall not apply to employees of public 
water supply departments and companies or public sewerage 
departments, when working in the discharge of duty. 

2. Constitutionality. The unconstitutionahty of any pro- 
vision of this act or its application to any person or circum- 
stance shall not invalidate the remainder of this act or the ap- 
plication of such provision to other persons or circumstances. 

3. Takes Effect. This act shall take effect three months 
after its passage. 

[Approved April 27, 1937.] 



1937] 



Chapter 80 



85 



CHAPTER 80. 



AN ACT RELATING TO PRIMARY AND ELECTION LAWS. 



SliCTION 


Sfxi 


1. 


Primary elections. 


11. 


2. 


Duty of city or town clerk. 


12. 


3. 


Filing time defined. 


13. 


4. 


Preservation of petitions. 


14. 


5. 


Vacancies, term defined. 


15. 


6. 


Application for recount. 


16. 


7. 


Prohibited use of pasters. 


17. 


8. 


Appointment ballot-law com- 
mission. 


18. 


9. 


Time within which objections 


19 




may be submitted. 


20 


10. 


Record of ballots. 





Certificate of moderator. 
Duty of moderator. 
Prohibited marking. 
SeaUng; certifying. 
Forwarding ballots. 
Recount after election. 
Disposition of ballots. 
Delegates to national conven- 
tions. 

Time for filling vacancies. 

Takes effect. 



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

1. Primary Elections. Amend section 20, chapter 25 of 
the Public Laws by striking out the word "thirty-five" in the 
second line and substituting in place thereof the word, forty- 
six; further amend by striking out the word "thirty-eight" in 
the third and fourth lines and substituting in place thereof the 
word, forty-nine; further amend by adding at the end of said 
section the following : The number of days herein given shall 
include Sundays and shall end on the day before the primary 
at six o'clock in the afternoon, so that said section as amended 
shall read as follows: 20. Supplementary Petitions. In 
such case supplementary petitions may be filed, but not later 
than forty-six days before the primary for those to be filed 
with the secretary of state, and for all others forty-nine days. 
The number of days herein given shall include Sundays and 
shall end on the day before the primary at six o'clock in the 
afternoon. 

2. Duty of Clerk. Amend section 21 of chapter 25 of the 
Public Laws by striking out the words "within two days" in 
the third line and substituting in place thereof the words, on 
the day, so that said section as amended shall read as follows : 
21. Forwarding. Each clerk of a city or town shall forward 
each declaration of or assent to candidacy filed with him to 
the secretary of state on the day of the filing of the same, 
provided the requisite fee shall have been deposited, or the 
requisite number of primary petitions shall have been filed 
therewith. 



86 Chapter 80 [1937 

3. Filing Time Defined. Amend section 22 of chapter 25 
of the PubHc Laws as amended by section 1 of chapter 42 of 
the Laws of 1935 by striking out the word "thirty-five" in the 
fourth hne and substituting in place thereof the word, forty- 
six; further amend by striking out the word "forty" in the 
fifth hne and substituting in place thereof the word, fifty, so 
that said section as amended shall read as follows : 22. When 
Filed. Declarations of and assents to candidacy and primary 
petitions to be filed with the secretary of state shall be filed 
not less than forty-six days before the date of the primary, 
and all others fifty days, except as provided in section 20. The 
number of days herein given shall include Sundays and shall 
end on the day before the primary at six o'clock in the after- 
noon. 

4. Primary Petitions. Amend section 23 of chapter 25 of 
the Public Laws by striking out the whole of said section and 
inserting in place thereof the following: 23. Preservation. 
The clerks of cities and towns shall forward all primary peti- 
tions filed with them on the day of the filing of the same to 
the secretary of state who shall retain them together with all 
primary petitions filed with him until January first following 
the holding of the primary, when they may be destroyed. 

5. Definition. Amend section 47 of chapter 25 of the Pub- 
lic Laws as amended by section 2 of chapter 42 of the Laws of 
1935 by adding at the end thereof the following : "Vacancies" 
for the purpose of this section shall mean only those cases 
where no candidate has filed and where the person whose name 
has been written in withdraws or refuses to accept the nomi- 
nation, so that said section as amended shall read as follows: 
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 appoint- 
ment made with the secretary of state thirty days prior to the 
day of election for all candidates for any ofiice. 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 persons so appointed shall be placed upon the official elec- 
tion ballot. "Vacancies" for the puiiDose of this section shall 
mean only those cases where no candidate has filed and where 



1937] Chapter 80 87 

the person whose name has been written in withdraws or re- 
fuses to accept the nomination, 

6. Recount of Votes. Amend section 48 of chapter 25 of 
the PubHc Laws by striking out the word "ten" in the fifth 
hne and substituting in place thereof the word, three, so that 
said section as amended shall read as follows: 48. Applica- 
tion. If any person who was voted for upon the ballot of any 
party is not, according to the count first made by the secretary 
of state, chosen as the candidate of such party and desires a 
recount of the ballots cast in the primary, he shall apply in 
writing to the secretary of state for such recount within three 
days after the date of the advertisement of the result of the 
primary, provided for in section 44. 

7. Prohibited Use. Amend section 63 of chapter 25 of the 
Public Laws by adding at the end thereof the following: Ex- 
cept as provided in this section, no adhesive slips, pasters or 
stickers shall be used on any ballot and their use shall invali- 
date that vote for all candidates for the office where they are 
so used, so that said section as amended shall read as follows : 
63. Pasters. If the ballots have been printed, and time will 
permit, the secretary of state may cause adhesive slips or 
pasters, with the name of the substitute candidate thereon, to 
be printed, or authorize the same to be done, and send or cause 
the same to be sent to the various town or city clerks repre- 
senting the territory wherein the deceased candidate was to be 
voted for. Said town or city clerks shall deliver said slips or 
pasters to the election officers before the opening of the polls, 
and they shall paste them in the proper place on the ballot be- 
fore it is handed to the voter. Except as provided in this 
section, no adhesive slips, pasters or stickers shall be used on 
any ballot and their use shall invalidate that vote for all candi- 
dates for the office where they are so used. 

8. Ballot-Law Commission. Amend section 91 of chapter 
25 of the Public Laws by striking out the word "September" 
in the first line and substituting in place thereof the word, 
August, so that said section as amended shall read as follows: 
91. Appointment. On or before August first preceding a 
biennial election the governor, with the advice of the council, 
shall appoint two persons from the two different political 
parties casting the largest number of votes at the preceding 



88 Chapter 80 [1937 

biennial election, who, with the attorney-general, shall con- 
stitute a board of ballot-law commissioners. 

9. Time Within Which Objections may be Submitted. 

Amend section 92 of chapter 25 of the Public Laws by insert- 
ing after the word "determined" in the fourth line the follow- 
ing: All questions and objections shall be submitted to them 
within three days from the last day for filing nominations, but 
not thereafter, so that said section as amended shall read as 
follows: 92. Duties. They shall meet at the office of the 
secretary of state on the Tuesday next succeeding the 
last day for filing nominations, and shall continue in ses- 
sion from day to day until all questions submitted have been 
heard and determined. All questions and objections shall be 
submitted to them within three days from the last day for fil- 
ing nominations, but not thereafter. They shall consider and 
decide all objections to the nomination of a candidate and all 
questions arising in case of nominations, and their decision 
shall be final. 

10. Record of Ballots Forwarded. Amend section 19 of 
chapter 26 of the Public Laws by adding at the end thereof the 
following: The secretary of state shall also keep a record of 
the number of ballots of each kind forwarded to said clerks, so 
that said section as amended shall read as follows: 19. De- 
livery of Ballots. The secretary of state shall send in a sealed 
package the ballots prepared by him to the several city and 
town clerks so as to be received by them twelve hours, at least, 
prior to the day of election. The same shall be marked on the 
outside, clearly designating the town or ward for which they 
are intended and the number of ballots of each kind enclosed. 
The secretary shall keep a record of the time when and the 
manner in which the several packages were forwarded. The 
secretary of state shall also keep a record of the number of 
ballots of each kind forwarded to said clerks. 

11. Certificate by Moderator. Amend section 23 of chap- 
ter 26 of the Public Laws by adding at the end thereof the fol- 
lowing: The ballots shall then and there be examined and 
counted by the election officials and the moderator shall certify 
to the clerk a record of the total number of ballots received 
and that they all are for the use of his town or ward. A copy 
of the moderator's certificate, also certified by the clerk, shall 
be forwarded to the secretary of state within the period of 



1937] Chapter 80 89 

seventy-two hours thereafter, so that said section as amended 
shall read as follows : 23. Unsealing. At the opening of the 
polls in each town or ward the seal of the packages shall be 
publicly broken by the ward or town clerk, and the ballots 
shall be delivered by him to the ballot clerks hereinafter pro- 
vided for. The ballots shall then and there be examined and 
counted by the election officials and the moderator shall certify 
to the clerk a record of the total number of ballots received and 
that they all are for the use of his town or ward. A copy of 
the moderator's certificate, also certified by the clerk, shall be 
forwarded to the secretary of state within the period of 
seventy-two hours thereafter. 

12. Duty of Moderator. Amend section 51 of chapter 26 
of the Public Laws by striking out the words "ballot clerk" in 
the fourth line and substituting therefor the words, moderator 
over his signature, so that said section as amended shall read 
as follows: 51. Spoiled Ballots. If any voter spoils a ballot 
he may successively receive others, one at a time, not exceed- 
ing three in all, upon returning each spoiled one. The ballots 
thus returned shall be immediately marked "cancelled" by the 
moderator over his signature, and, together with those not dis- 
tributed to the voters, shall be preserved. 

13. Prohibition. Amend section 78 of chapter 26 of the 
Public Laws by striking out the whole of said section and in- 
serting in place thereof the following : 78. Prohibited Mark- 
ing. No mark of any nature shall be placed on the ballot by 
election officials except as provided in sections 51 and 59 of 
chapter 26. 

14. Regulations. Amend section 90 of chapter 26 of the 
Public Laws by striking out the whole of said section and in- 
serting in place thereof the following: 90. Sealing; Cer- 
tifying. After the ballots cast at a biennial election have been 
counted and a declaration and record of the result made, the 
moderator, in the presence of the selectmen, shall place the 
cast ballots in a suitable envelope or other wrapper, and the 
cancelled and unused ballots in another suitable wrapper or 
envelope, wrap them together in one package, and seal the 
package in a manner calculated to prevent them from being re- 
moved or tampered with. The moderator and selectmen shall 
endorse on the envelopes or wrappers the number of cast, un- 
used and cancelled ballots in each package and shall also en- 



90 Chapter 80 [1937 

dorse and subscribe upon the outside of the package a certifi- 
cate as follows: Enclosed are all the ballots cast and unused 

at the election in the town of (or, ward in the city 

of ) on the day of 19 , required by law 

to be preserved. Sealed up by the moderator in the presence 
of the selectmen. Signatures of moderator and selectmen. 

15. Ballots. Amend section 92 of said chapter 26 by strik- 
ing out the whole of said section and inserting in place thereof 
the following: 92. Forwarding to Secretaiy of State. If 
any person for whom a ballot was cast and recorded at any 
biennial election shall make a request in writing to the secre- 
tary of state within thirty days of the election, the clerk hav- 
ing the custody of the ballots shall at the request of the secre- 
tary of state, forward the ballots forthwith to the secretary of 
state. The secretary of state may destroy the said ballots 
after sixty days from the date he has received them unless 
some action is pending which makes their further preserva- 
tion necessary or unless enjoined by action brought before the 
superior court. 

16. Recount After Election. Amend section 94 of chapter 
26 of the Public Laws as amended by section 1 of chapter 43 
of the Laws of 1935, by striking out the word "sixty" in the 
third line and substituting therefor the word, thirty, so that 
said section as amended shall read as follows: 94. Applica- 
tion. If any person for whom a vote was cast and recorded 
for any office at a biennial election shall, before the expiration 
of thirty 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 receipt of the 
application. 

17. Disposition of Ballots. Amend section 98 of chap- 
ter 26 of the Public Laws as amended by section 1 of 
chapter 43 of the Laws of 1935, by adding at the end thereof 
the following: The secretary of state may destroy the said 
ballots after sixty days from the date he has received them un- 
less some action is pending which makes their further preser- 
vation necessary or unless enjoined by action brought before 
the superior court, so that said section as amended shall read 
as follows: 98. Town Officers. If in case of a recount of 



1937] Chapter 80 91 

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 persons so declared by the secretary of state to 
have been elected shall, unless the result is changed upon 
appeal as hereinafter provided, be the duly elected officer of 
such town. The secretary of state may destroy the said 
ballots after sixty days from the date he has received them un- 
less some action is pending which makes their further preser- 
vation necessary or unless enjoined by action brought before 
the superior court. 

18. Delegates to National Conventions. Amend section 5 
of chapter 30 of the Public Laws by striking out the word 
"eighteen" in the third line and substituting in place thereof the 
word, thirty ; further amend by adding at the end thereof the 
following: The number of days herein given shall include 
Sundays and shall end on the day before the primary at six 
o'clock in the afternoon, so that said section as amended shall 
read as follows : 5. Declaration of Candidacy. The name of 
a candidate shall not be printed upon any such ballot unless not 
more than sixty nor less than thirty days before the primary 
he files with the secretary of state a declaration of candidacy, 
and unless he, or some person for him, shall pay to the secre- 
tary of state a filing fee of ten dollars, or file with him a peti- 
tion containing one hundred names of legal voters requesting 
that his name be placed on the primary ballot; provided, that 
vacancies on the primary ballot of any party may be filled as 
provided in section 7. The number of days herein given shall 
include Sundays and shall end on the day before the primary 
at six o'clock in the afternoon. 

19. Time for Filling Vacancies. Amend section 7 of chap- 
ter 30 of the Public Laws by striking out the word "fifteen" in 
the fifth line and substituting therefor the word, twenty-seven, 
so that said section as amended shall read as follows: 



92 Chapter 81 [1937 

7. Vacancies. If there is to be a vacancy upon the primary 
ballot of any party by reason of the failure of as many persons 
to file as candidates for delegates, alternate delegates, dele- 
gates at large and alternate delegates at large as are to be 
elected, such vacancies may be filled, after the expiration of 
the time allowed for filing and twenty-seven days before the 
primary, by the state committee of that party, without the 
payment of any fee, and the secretary of state, upon receipt of 
proper notice, shall cause the names selected by the state com- 
mittee to be printed upon the primary ballot to fill such 
vacancies. 

20. Takes Effect. This act shall take eflfect upon its 
passage. 

[Approved May 4, 1937.] 



CHAPTER 81. 

AN ACT RELATIVE TO BRAKES ON TRAILERS. 



Section 

1. Equipment for motor vehicle 
trailers. 



Section 
2. Takes effect. 



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

1. Equipment for Motor Vehicle Trailers. Amend chap- 
ter 103 of the Public Laws by inserting after section 4 the 
following new section: 4-a.* Brakes. No motor vehicle 
trailer whose gross weight is twenty-five hundred pounds or 
over shall be operated on the highways of this state unless it 
shall be provided with adequate brakes in good working order. 

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

[Approved May 4, 1937.] 



* Amended, chapter 194, post. 



1937] Chapter 82 93 

CHAPTER 82. 

AN ACT RELATING TO THE WEIGHTS OF MOTOR VEHICLES. 

Section | Section 

1. Motor vehicles, weight limited. I 2. Takes effect. 

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, as amended by chapter 133 
of the Laws of 1935, by striking out the whole thereof and by 
substituting therefor the following: 22. Weight. No 
vehicle having two axles whose gross weight, including load, is 
more than twenty-six thousand pounds, no vehicle having three 
axles and no combination of vehicle and trailer or semi-trailer, 
whose gross weight is more than thirty-eight thousand 
pounds, no vehicle having a greater weight than sixteen thou- 
sand pounds on one axle, and no vehicle having a load of over 
eight hundred 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 operation of road rollers used in the con- 
struction or maintenance of highways. The state highway 
commissioner and the motor vehicle commissioner shall jointly 
have the power to grant permits upon proper application in 
writing to move objects or a vehicle and load having a weight, 
width or length greater than as herein prescribed, 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. This act shall not be construed to limit 
the powers of the highway commissioner, selectmen of towns 



94 Chapter 8S [1937 

and city councils of cities, to make rules and regulations for 
the protection and to prevent the abuse of highways and 
bridges as provided by chapter 117, Laws of 1935, which is an 
amendment of section 5 of chapter 91, section 12 of chapter 54, 
and section 15 of chapter 47, of the Public Laws. 

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

[Approved May 4, 1937.] 



CHAPTER 83. 



AN ACT ESTABLISHING COMMISSIONER DISTRICTS IN THE COUNTY 

OF COOS. 



Section 

1. Commissioner districts estab- 
lished. 



SrxTiON 
2. Takes effect. 



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

1. Districts Established. Amend chapter 36 of the Public 
Laws as amended by chapter 142 of the Laws of 1929, chapter 
134 of the Laws of 1931 and chapter 43 of the Laws of 1937, 
by adding after section 21 the following new sections: 
22. County Commissioner Districts. For the purpose of the 
nomination and election of the county commissioners in Coos 
county said county shall be divided into three districts as fol- 
lows: District 1, Berlin, Gorham, Milan, Shelburne, Dummer 
and Randolph; district 2, Lancaster, Whitefield, Carroll, Dal- 
ton, Northumberland, Stark and Jefferson ; district 3, Colebrook, 
Stratford, Pittsburg, Stewartstown, Millsfield, Clarksville, 
Columbia, Errol and Wentworth's Location. ,23. Eligibility. 
No person shall be eligible to be a candidate for county commis- 
sioner except from the district in which he is a resident. 
24. Voting and Election. The inhabitants of said county 
may vote for not more than one candidate from each district, 
and the candidate receiving the highest number of votes in 
any one district shall be elected county commissioner from 
that district. 

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

[Approved May 4, 1937.] 



1937] Chapter 84 95 

CHAPTER 84. 
AN ACT RELATING TO THE POWERS OF TOWNS TO MAKE BY-LAWS. 



Section 

1. Roller skating rinks, regula- 
tions of. 



Section 

2. Takes effect. 



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

1. Roller Skating Rinks. Amend section 30 of chapter 42 
of the Public Laws by inserting after the word "dances" in the 
fifteenth line thereof the words, to regulate the conduct of 
roller skating rinks, so that said section as amended shall read 
as follows: 30. Purposes; Penalties. Towns may make by- 
laws for the care, protection, preservation and use of the pub- 
lic cemeteries, parks, commons, libraries and other public in- 
stitutions of the town ; for the prevention of the going at large 
of horses and other domestic animals in any public place in the 
town ; for the observance of Memorial Day, whereby interfer- 
ence with and disturbance of the exercises held under the 
auspices of the Grand Army of the Republic for such observ- 
ance, by processions, sports, games or other holiday exercises, 
may be prohibited; to regulate the use of mufflers upon boats 
and vessels propelled by gasoline or naphtha and operating up- 
on the waters within the town limits ; respecting the kindling, 
guarding and safe-keeping of fires, and for removing all com- 
bustible materials from any building or place, as the safety of 
property in the town may require ; to regulate the operation of 
vehicles, except by railways as common carriers, upon their 
streets; to regulate the conduct of public dances; to regulate 
the conduct of roller skating rinks ; and for making and order- 
ing their prudential affairs. They may appoint all such 
officers as may be necessary to carry the by-laws into effect, 
and may enforce their observance by suitable penalties not ex- 
ceeding ten dollars for each offense, to enure to such uses as 
they may direct. 

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

[Approved May 4, 1937.] 



96 Chapter 85 [1937 

CHAPTER 85. 

AN ACT RELATING TO AN APPEAL FROM SUSPENSION OR RE- 
VOCATION OF LICENSE TO OPERATE MOTOR VEHICLES. 



Section 

1. Appeal from suspension of 
license to operate motor 
vehicles. 



Section 
2. Takes effect. 



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

1. Licenses to Operate Motor Vehicles. Amend chapter 
102 of the Pubhc Laws by inserting after section 31 the follow- 
ing new section: 31-a. Appeal from Suspension. Any per- 
son whose license to operate a motor vehicle has been 
suspended or revoked, or who has been denied such a license, 
by the motor vehicle commissioner, except where such 
suspension or revocation is mandatory under the provisions of 
this title, shall have the right to file a petition, within thirty 
days thereafter, for a hearing in the matter in the superior 
court in the county wherein such person resides and such court 
is hereby vested with jurisdiction and it shall be its duty to set 
the matter for hearing upon fourteen days' written notice to 
the commissioner, and thereupon to take testimony and ex- 
amine into the facts of the case and to determine whether the 
petitioner is entitled to a license or is subject to suspension or 
revocation of license under the provisions of this title. 

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

[Approved May 4, 1937.] 



1937] Chapter 86 &7 

CHAPTER 86. 

AN ACT RELATING TO THE TERMS OF OFFICE OF THE MEMBERS OF 

THE MAINE-NEW HAMPSHIRE INTERSTATE BRIDGE 

AUTHORITY. 



Section 

1. Appointment of interstate bridge 

authority. 

2. Term of office ; vacancies ; re- 

moval. 



Section 

3. Compensation of members. 

4. Takes effect. 



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

1. Appointment of Interstate Bridge Authority. In ac- 
cordance with the provisions of chapter 4 of the Laws of the 
special session of 1936, the governor, with the advice and con- 
sent of the council, shall appoint the New Hampshire members 
of the Maine-New Hampshire Interstate Bridge Authority. No 
more than two of said members shall belong to the same 
political party. 

2. Term of Office; Vacancies; Removal. Said members 
other than the highway commissioner shall hold office for 
terms of two and four years respectively, the length of the 
term of each to be fixed in his commission and each shall con- 
tinue in office until his successor has been appointed and quali- 
fied. On the expiration of each of said terms the succeeding 
member shall be appointed for a term of four years. If a 
vacancy shall occur it shall be filled for the remainder of the 
term. Either member may be removed by the governor and 
council for cause. 

3. Compensation of Members. Said members of said 
Authority for this state, other than the highway commis- 
sioner, shall be paid, for such time as they are actually en- 
gaged in the work of the Authority, such sum per day as the 
governor and council may determine, provided such sum shall 
not exceed eight dollars a day each. All members shall be 
allowed their actual expenses. The compensation and ex- 
penses provided for herein shall be a charge upon the funds of 
the Authority. 

4. Takes Effect. This act shall take effect upon its 

passage. 

[Approved May 4, 1937.] 



98 Chapter 87 [1937 

CHAPTER 87. 

AN ACT RELATING TO TEMPORARY SALES AND SOLICITATIONS FOR 
RELIGIOUS AND BENEVOLENT PURPOSES. 



Section 

1. Right to solicit and sell. 

2. Exemptions. 



Section 

3. Penalty. 

4. Takes effect. 



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

1. Right to Solicit and Sell. The director of the division 
of welfare of the state board of welfare and relief, upon ap- 
plication and after investigation, may authorize the temporary 
solicitation of money or other valuable thing and the tempo- 
rary sale of articles for bona fide religious, benevolent and 
philanthropic purposes, and may issue certificates of such 
authority. Except as provided in this act any such un- 
authorized sales or solicitations shall be prima facie fraudu- 
lent, and said director shall have authority to make public the 
facts and names concerning such unauthorized sales and soli- 
citations, and to institute prosecutions against offenders for 
obtaining money under false pretenses. 

2. Exemptions. Any such sales or solicitations for the bene- 
fit of persons, or organizations having a permanent residence or 
place of business in this state, and any such sales or solici- 
tations legally permitted by any state or local authority under 
section 70, chapter 42, Public Laws or under chapter 157 of the 
Public Laws as amended by chapter 102, Laws of 1931, chap- 
ter 1, Laws of the special session of 1934, and chapter 86, 
Laws of 1935, are excepted from the provisions of this act. 

3. Penalty. Any person violating the provisions of this 
act shall be fined not more than twenty-five dollars or im- 
prisoned not more than six months. 

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

[Approved May 4, 1937.] 



1937] Chapters 88, 89 99 

CHAPTER 88. 

AN ACT RELATIVE TO EXAMINATIONS FOR THE PRACTICE OF 

EMBALMING. 

Section [ Section 

1. Practice of embalming. | 2. Takes effect. 

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

1. Practice of Embalming. Amend section 61 of chap- 
ter 143 of the Public Laws, as inserted by chapter 95 of the 
Laws of 1935 by striking out all of said section and inserting 
in place thereof the following: 61. Exceptions. Nothing in 
this act shall be held to apply to applications for examination 
pending before the board of embalming examiners on the 
twenty-ninth day of May, 1935, nor to applications filed with 
the state board of registration of funeral directors and em- 
balmers before the first day of July, 1937, by persons who 
were entitled to file applications for examination with said 
board of embalming examiners prior to the passage of chap- 
ter 95 of the Laws of 1935. The board shall pass upon said 
applications according to the law existing at the time of the 
passage of said chapter 95. 

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

[Approved May 5, 1937.] 



CHAPTER 89. 

AN ACT RELATING TO BUSINESS CORPORATIONS. 

Section I Section 

1. Capital stock. | 2. Takes effect. 

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

1. Capital Stock. Amend section 27 of chapter 225 of the 
Public Laws by striking out the word "five" in the next to the 
last line thereof and substituting in place thereof the words 
one dollar, so that said section as amended shall read as 
follows: 27. Amount; Par Value. If the corporation issues 
stock with nominal or par value the amount thereof shall not 



100 Chapter 90 [1937 

be less than one thousand dollars, and the par value of the 
shares shall not be less than one dollar nor more than one 
thousand dollars. 

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

[Approved May 6, 1937.] 



CHAPTER 90. 

AN ACT RELATING TO LICENSES FOR BONDED WAREHOUSES. 



Section 

1. Public warehouseman. 

2. License required. 



Section 
3. Takes effect. 



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

1. Public Warehouseman. Amend section 1 of chapter 169 
of the Public Laws by striking out the entire section and sub- 
stituting therefor the following: 1. Licenses. Any person, 
or corporation established under the laws of the state and hav- 
ing a place of business within the state, who keeps and main- 
tains a warehouse for the storage of goods, wares and merch- 
andise of persons or corporations other than himself for hire 
shall be a public warehouseman. Any pubHc warehouseman 
shall be required to obtain an annual license from the secre- 
tary of state. The fee for such license shall be twenty-five 
dollars. 

2. License Required. Amend chapter 169 of the Public 
Laws by inserting after section 1, as hereinbefore amended, 
the following new section: 1-a. Penalty. Whoever violates 
any provision of section 1 of this chapter shall be fined not 
more than two hundred dollars or imprisoned not more than 
six months, or both. 

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

[Approved May 6, 1937.] 



1937] Chapters 91, 92 101 

CHAPTER 91. 

AN ACT AUTHORIZING THE SALE OF CERTAIN PROPERTY OF THE 
STATE IN THE TOWNS OF NEW LONDON AND MILAN. 



Section 
2. Takes effect. 



Section 

1. Authority conferred for sale of 
property. 

Be it enacted by t/ie 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 ninety acres more 
or less with buildings thereon in the town of Milan formerly 
belonging to Lyman E. Richardson, who died August 1, 1933 ; 
and premises at New London formerly belonging to John F. 
Sullivan who died August 23, 1928. The governor and council 
may, in their discretion, sell and convey, as hereinbefore pro- 
vided, the whole of said tracts or any portion thereof. The 
proceeds from the sales herein authorized shall be turned into 
the state treasury to be available for the general revenue of 
the state. 

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

[Approved May 6, 1937.] 



CHAPTER 92. 



AN ACT RELATIVE TO THE ANNUAL REGISTRATION FEE FOR THE 
PRACTICE OF OPTOMETRY. 

Section [ Section 

1. Registration as optometrist. I 2. Takes effect. 

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

1. Registration as Optometrist. Amend section 6 of 
chapter 207 of the Public Laws by striking out the word "two" 
in the tenth line and inserting in place thereof the word five, 
so that said section as amended shall read as follows: 



102 



Chapter 93 



[1937 



6. Fees. Each person appearing before the board for a cer- 
tificate of reciprocity, or for examination for a certificate of 
qualification, shall pay a fee of twenty dollars which, in case 
such examination shall not be granted, shall be returned. Any 
person failing to pass a satisfactory examination shall be en- 
titled to re-examination at any future meeting of the board 
within two years without further fee; after two years the 
charge will be five dollars for each subsequent examination. 
The fee for reissuing a certificate of exemption, of reciprocity 
or of qualification, in place of one destroyed, shall be three 
dollars; for annual registration as hereinafter provided, five 
dollars; for any certificate of fact required by a student 
apprentice or other person, one dollar. 

2. Takes Effect. This act shall take effect July 1, 1937. 

[Approved May 6, 1937.] 



CHAPTER 93. 



AN ACT RELATING TO SUPPRESSION OF INSECT PESTS AND PLANT 

DISEASES. 



Section 

1. New Chapter : 

1. Deputy commissioner. 

2. Suppression of pests. 

3. Penalty. 

4. Suppression by cities and 

towns. 



Section 

5. Forfeiture. 

6. Suppression by property 

owners. 

7. Assessments. 

2. Interpretation ; takes effect. 



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

1. New Chapter. Amend chapter 190 of the Public Laws 
as amended by chapter 52 of the Laws of 1931 by striking out 
the whole chapter and inserting in place thereof the follow- 
ing: 

CHAPTER 190 



SUPPRESSION OF INSECT PESTS AND PLANT DISEASES 

1. Deputy Commissioner. The commissioner of agricul- 
ture shall appoint a deputy commissioner who shall be fully 
qualified by scientific training and experience and who, under 
the direction of the commissioner, shall be in charge of the 
suppression of pests as provided for in this act. The salary of 



1937] Chapter 93 103 

said deputy commissioner shall not exceed sixteen hundred 
dollars a year and said deputy shall be allowed his actual ex- 
penses when on official duties elsewhere than in the office of the 
department. Said deputy, with the approval of the commis- 
sioner, may appoint such agents or assistants as he may find 
necessary for the purposes of this act. 

2. Suppression of Pests. The commissioner and the 
deputy commissioner may undertake the suppression or con- 
trol of any insect pest or plant disease which, in their judg- 
ment, seriously threatens the state or any part thereof and 
for that purpose may establish rules and regulations and may 
employ such measures as, in their judgment, may be reason- 
able and proper. For the purposes of this act it shall be law- 
ful for the commissioner, the deputy commissioner or any 
agent or assistant, appointed under the provisions hereof, to 
enter upon any lands in this state. 

3. Penalty. Any person who resists or obstructs any 
agent of the state while lawfully engaged in the execution of 
this act, or who violates any rule or regulation made by the 
commissioner and deputy commissioner under the provisions 
hereof, or who wilfully brings into the state, disseminates, or 
propagates any destructive insect pest or plant disease, shall 
be fined not more than one hundred dollars. 

4. Suppression by Cities or Towns. For the purposes of 
this act the commissioner and the deputy commissioner may 
require any city or town to take such measures as, in their 
judgment, are reasonable and proper, up to a cost not exceed- 
ing, in any one year, one tenth of one per cent of the tax valua- 
tion of said city or town for the preceding year. If a city or 
town shall fail to execute the prescribed measures the commis- 
sioner and deputy commissioner may cause the work to be 
done and the expense thereof, not exceeding said one tenth of 
one per cent of the tax valuation aforesaid, may be recovered 
of said city or town in an action by the state. 

5. Forfeiture. In addition thereto, any city or town fail- 
ing to take such measures as the commissioner and the deputy 
commissioner may require, as hereinbefore provided, shall for- 
feit the sum of one hundred dollars, to be collected by an in- 
formation brought by the attorney-general in the county in 
which said city or town is located. 

6. Suppression by Property Owners. For the purposes of 



104 Chapter 94 [1937 

this act the commissioner and the deputy commissioner may 
require the owner of any parcel of land which is infested with 
any destructive insect pest or plant disease to take such 
measures as, in their judgment, are reasonable and proper, up 
to a cost not exceeding, in any one year, one half of one per 
cent of the assessed valuation of said land, including buildings 
and improvements thereon, as fixed by the last preceding tax 
appraisal. If the owner of such lands shall fail to execute 
the prescribed measures the commissioner and the deputy com- 
missioner may cause the work to be done, either directly or 
through the city or town in which the land is situated, and the 
expense thereof, not exceeding one half of one per cent of the 
assessed valuation of said land as hereinbefore specified, shall 
be assessed upon said lands and improvements. 

7. Assessments. The amounts to be assessed upon private 
property as hereinbefore provided shall be assessed and col- 
lected like ordinary taxes at the next general tax assessment 
following their expenditure, and shall be a lien on said land, in- 
cluding buildings and improvements thereon, in the same man- 
ner and with the same effect as is provided in the case of 
other taxes, and shall be subject to the provisions relative to 
abatement and appeal. 

2. Interpretation; Takes Effect. Nothing in this act shall 
be construed to affect the provisions of chapter 195 of the 
Public Laws and amendments thereto, relating to the control 
and eradication of the white pine blister rust, and this act shall 
take effect upon its passage. 

[Approved May 6, 1937.] 



CHAPTER 94. 

AN ACT RELATING TO V^AGES. 

Section I Section 

1. Payment of wages. I 2. Takes effect. 

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

1. Payment of Wages. Amend the subdivision in chap- 
ter 176 of the Public Laws relating to the payment of wages 
by inserting after section 27 the following new section: 
27-a. Rights of Employees. Any employer of labor, as de- 



1937] Chapter 95 105 

fined in section 25, as amended by chapter 69, Laws of 1935, 
before any new employee begins work shall inform such 
prospective employee the amount of wages he is to receive, if 
employed, and any such employer before the wages of any 
person then employed shall be changed shall inform such em- 
ployee the amount of wages he is to receive by such change. If 
wages are to be paid by the hour, piece or percentage basis, 
such employer shall inform such employee of the rate to be 
paid, provided that in the case of wage incentive plans such 
employee shall be informed of the approximate minimum rates 
and the methods upon which supplementary wages are to be 
based. 

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

[Approved May 6, 1937.] 



CHAPTER 95. 

AN ACT RELATING TO DAYLIGHT SAVING TIME. 

Section | Section 

1. Daylight saving time. 1 2. Takes effect. 

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

1. Daylight Saving Time. Amend section 76 of chap- 
ter 42 of the Public Laws by striking out said section and in- 
serting in place thereof the following : 76. Standard Time. 

The standard time within the state, except as hereinafter 
provided, shall be based on the mean astronomical time of the 
seventy-fifth degree of longitude west from Greenwich, known 
and designated by the federal statute as ''United States Stand- 
ard Eastern Time." At two o'clock ante-meridian of the last 
Sunday in April of each year, the standard time in this state 
shall be advanced one hour, and at two o'clock ante-meridian 
of the last Sunday in September of each year the standard 
time in this state shall, by the retarding of one hour, be made to 
coincide with the astronomical time hereinbefore described as 
United States Standard Eastern Time, so that between the last 
Sunday of April at two o'clock ante-meridian and the last Sun- 
day in September at two o'clock ante-meridian in each year 
the standard time in this state shall be one hour in advance 



106 Chapter 96 [1937 

of the United States Standard Time. In all laws, statutes, 
orders, decrees, rules and regulations relating to the time of 
performance of any act by any officer or department of this 
state, or of any county, city, town or district thereof, or relat- 
ing to the time in which any rights shall accrue or determine, 
or within which any act shall or shall not be performed by any 
person subject to the jurisdiction of this state, or of any 
county, city, town or district thereof, and in all contracts or 
choses in action made or to be performed in this state, it shall 
be understood and intended that the time shall be as set forth 
in this section. 

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

[Approved May 11, 1937.] 



CHAPTER 96. 



AN ACT RELATING TO THE OPEN AND CLOSED SEASON FOR TAKING 
FISH IN CERTAIN WATERS. 



Section 

1. Pickerel. 

2. Amendment. 

3. Closed to ice fishing. 



Section 

4. Closed to all fishing. 

5. Brook trout. 

6. Takes effect. 



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

1. Pickerel. Amend section 4 of chapter 155 of the Laws 
of 1935 by striking out the same and inserting in place thereof 
the following: 4. Pickerel. Pickerel of any size and in any 
quantity may be taken and possessed at any time from the 
following waters : 

I. Armington lake in Piermont, Cocheco river, Contoo- 
cook river from Cheshire Mill pond to Merrimack river, Crystal 
lake in Enfield. 

II. Dodge pond in Lyman, Elbow pond in Woodstock, 
Ellsworth pond in Ellsworth, Flag pond in Lyman, Lamprey 
pond in Orford. 

III. Mason pond in Orford, Merrymeeting lake in New 
Durnham, Middleton reservoir in Middleton, Mirror lake in Tuf- 
tonboro and Wolfeboro, Mirror lake in Woodstock. 

IV. Newfound lake, Nubanusit lake in Hancock and Nel- 



1937] Chapter 96 107 

son, Ogontz lake in Lyman, Pea Porridge pond in Madison and 
Conway, Pearl lake in Lisbon. 

V. Pemigewasset river, Post pond in Lyme, Rocky pond in 
Wentworth, Round pond in Lyman, Rust pond in Wolfeboro. 

VI. Silver lake in Madison, Sunapee lake, Tarleton lake in 
Piermont and Warren, Tewksbury pond in Grafton, Town Line 
pond in Dorchester and Wentworth, Trout pond in Dorchester, 
Winnipesaukee river and all waters of Coos county inhabited 
by trout and all other streams in the state inhabited by trout. 

2. Amendment. Amend chapter 155 of the Laws of 1935 
by inserting after section 4 the following new section: 
4-a. Pickerel. Pickerel of any size and in any quantity may 
be taken and possessed at any time, except through the ice 
from the following waters : 

I. Lucas pond in Northwood, Martin Meadow pond in 
Lancaster, Pleasant lake in Deerfield. 

IL Powwow river. Spectacle pond in Groton and Hebron, 
Stinson lake in Rumney. 

3. Ice Fishing. Amend section 5 of chapter 155 of the 
Laws of 1985 by striking out the same and inserting in place 
thereof the following: 5. Closed to Ice Fishing. The 
following waters are closed to fishing through the ice: 

I. Arlington Mills reservoir. Big Dan Hole pond in Ossi- 
pee and Tuftonboro, Ferrin pond in Weare, Gorham pond in 
Dunbarton. 

II. Great pond in Kingston, Island pond in Stoddard, 
Little Island pond in Pelham, Long pond or Highland lake in 
Stoddard, Massasecum lake in Bradford. 

III. Mirror lake in Whitefield, Mount William pond in 
Weare, Mountain View lake in Sunapee, Nippo pond in Barring- 
ton. 

IV. Northwood lake in Northwood and Epsom, Nutt pond 
in Manchester, Partridge lake in Lyman and Littleton, 
Pleasant lake in New London, Robs reservoir in Stoddard. 

V. Scott pond in Fitzwilham, Stone House pond in Bar- 
rington, Streeter pond in Lisbon, Sunset lake in Greenfield, 
Tucker pond in Salisbury. 

VI. Warren lake in Alstead, White's pond in Pelham, 
Winnipauket lake in Webster, Zephyr lake in Greenfield. 

VII. Corbetts pond in Windham until May first, 1941. 



108 Chapter 96 [1937 

4.* Amendment. Amend section 7 of chapter 155 of the 
Laws of 1935 by striking out the whole of said section and in- 
serting in place thereof the following: 7. Closed to All Fish- 
ing. The following waters are closed to all fishing: 

I. Alder brook, a tributary of Stearns brook, in Milan and 
Success, Amos Pike or Starch Factory brook, from its source 
to the highway leading from the state road to the French pond 
road and all tributaries of Long pond in Benton and the area of 
said Long pond one hundred feet from the inlet out into the 
pond and fifty feet on each side of said inlet. 

II. Big brook, in Pittsburg, east of the road leading to 
Idlewild to the Connecticut river, the tributaries of Big Dan 
Hole pond in Ossipee and Tuftonboro, the tributaries of Bowen 
brook in Landaff" and Easton, Center brook from the main high- 
way at Moody pond up-stream to its source and all tributaries. 

III. Cockermouth river in the towns of Hebron and 
Groton from the bridge at Sculpture Rocks, so called, to the 
shore line of Newfound lake, Connecticut river, in Pittsburg, 
the main river from the highest point of the Big Pitch to the 
First Connecticut lake level, all tributaries of Dead Diamond 
river in Dartmouth College Grant. 

IV. Fowler river, between Ted Lard's dam in Alexandria 
and the covered bridge on the highway around Newfound lake, 
North Branch of the Gale river and all tributaries above Little- 
ton water supply dam in Bethlehem and Franconia, all tribu- 
taries of Lamb Valley pond in Dartmouth College Grant. 

V. Lime Kiln brook and its tributaries above the number 
6 schoolhouse, in Haverhill, all tributaries of Marshall pond in 
Unity, Melvin river in Tuftonboro, all tributaries of Merry- 
meeting lake in New Durham, all tributaries of Morse brook in 
Easton. 

VI. Oliverian brook in Benton and Warren and its tribu- 
taries from its source to where it crossed the state highway 
leading from Warren to Haverhill, all tributaries of Peabody 
river in Green's Grant except the West Branch and Nineteen- 
mile brook. 

VII. Pillsbury Reservation, in Washington and all brooks 
therein, all tributaries of Pleasant lake in New London and that 
portion of Pleasant lake which forms a cove into which 
Chandler brook flows out to a line between two markers 



* Amended, chapter 188, post. 



1937] Chapter 97 109 

approximately one hundred yards north from Chandler brook. 

VIII. Sand Hill brook in Auburn, Derry and Londonderry, 
Smith brook in Pittsburg from the dam to the main river. 
Spring pond brook in Bennington, streams between Tioga, 
Sargent and Badger reservoirs in Belmont, all tributaries of 
Swift Diamond river in Dartmouth College Grant, all tribu- 
taries of Taggart brook in Peterborough. 

IX. Three pond brook in Rumney, Trout brook, the itilet 
of Post pond in Lyme, up-stream from the pond for a distance 
of approximately two miles to the falls, all tributaries of Tun- 
nel stream in Benton and its tributaries above the Parker 
House. 

5. Brook Trout. Amend chapter 201 of the Public Laws 
as amended by section 5 of chapter 124 of the Laws of 1935 by 
inserting after section 1 the following new section : 1-a. Open 
Season in Certain Ponds. In Big Dan Hole pond in Ossipee 
and Tuftonboro, Pleasant lake in New London, Tewksbury 
pond in Grafton, and in Sunapee lake brook trout ten inches 
and over may be taken from April fifteenth to September first 
and during the month of September by the use of artificial 
flies only. 

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

[Approved May 11, 1937.] 



CHAPTER 97. 

AN ACT RELATIVE TO THE LAYING-OUT OF HIGHWAYS. 



Section 

1. Layout by selectmen. 

2. Layout to public waters. 

3. •Construction and maintenance. 



Section 

4. Changes in routes o£ certain 

highways. 

5. Takes effect. 



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

1. Layout by Selectmen. Amend section 17 of chapter 74 
of the Public Laws by striking out the words "within thirty 
days" in the first line, so that said section as amended shall 
read as follows: 17. Return. The selectmen shall make a 
return of every highway by them laid out, describing the same 
and the width thereof, and a like return of the alterations 
by them made in existing highways, with a particular descrip- 



110 Chapter 97 [1937 

tion thereof, and cause the same to be recorded by the town 
clerk. 

2. Layout to Public Waters. Amend section 4 of chapter 
77 of the Public Laws by striking out the words "as in other 
cases" in the third line and inserting in place thereof the 
words, as provided in the three preceding chapters, so that said 
section as amended shall read as follows: 4. Damages; 
Appeal. The commissioners shall assess the damages 
sustained by each owner of land or property taken for such 
highway; and an appeal may be taken from their decision as 
provided in the three preceding chapters. 

3. Construction and Maintenance. Amend section 6 of 
chapter 77 of the Public Laws by striking out the whole of 
said section and inserting in place thereof the following: 
6. Payment. The state shall pay such portion of the serv- 
ices of the commissioners, the sums awarded to owners of land 
and costs of construction of the highway as the governor with 
the advice of the council shall deem just and reasonable. All 
sums so determined shall be a charge upon the highway funds. 
The balance of said costs and charges shall be paid by the town 
or towns in which said highway is laid out. Said highway 
shall be maintained by said town or towns unless the gover- 
nor and council shall otherwise determine. 

4. Highway Commissioner. Amend section 3 of chapter 
84 of the Public Laws, as amended by section 2 of chapter 139 
of the Laws of 1931, by striking oiit the whole of said section 
and inserting in place thereof the following: 3. Changes in 
Routes of Certain Highways. He is authorized to recommend 
to the governor and council such changes in the routes of exist- 
ing highways, upon which state or federal money is to be ex- 
pended, as he shall think expedient. The making of changes 
in the routes of such highways and the taking of land neces- 
sary for such purpose may be by proceedings as for the 
laying-out highways to public waters. 

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

[Approved May 11, 1937.] 



1937] Chapters 98, 99 111 

CHAPTER 98. 

AN ACT RELATING TO CARETAKERS ON RECREATIONAL AREAS, ON 

STATE LANDS. 



Section 

1. Caretakers on recreational 
areas. 



Section 
2. Takes effect. 



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

1. Caretakers on Recreational Areas. Amend chapter 191 
of the Pubhc Laws by inserting after section 33 the following 
new section: 33-a. Powers of Arrest. Any agent or care- 
taker appointed by the state forester for the protection of 
property on any state forest, reservation or recreational area 
or on any federal area under the administration of the forestry 
and recreation commission shall have, on said areas, the same 
powers as a constable. 

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

[Approved May 11, 1937.] 



CHAPTER 99. 



AN ACT RELATING TO THE MANAGEMENT BY THE FORESTRY AND 

RECREATION COMMISSION OF CERTAIN FOREST LANDS 

ACQUIRED BY THE FEDERAL GOVERNMENT. 



Section 

1. Forestry and recreation com- 
mission. 



Section 
2. Takes effect. 



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

1. Forestry and Recreation Commission. If any lands of 
this state shall hereafter be acquired by the federal govern- 
ment and placed under the jurisdiction of the forestry and 
recreation commission, in accordance with an agreement en- 
tered into by the governor and council and the federal govern- 
ment pursuant to the so-called Fulmer Act (H. R. 6914), or 
any other similar act, the forestry and recreation commission 
shall administer, manage and develop said lands in accordance 
with the terms of such agreement and distribute the proceeds 



112 Chapter 100 [1937 

from said lands in accordance with the terms thereof. The 
provisions of law relative to the disposition of revenue received 
from state lands shall not apply to the revenue received from 
such lands. 

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

[Approved May 11, 1937.] 



CHAPTER 100. 



AN ACT RELATING TO THE COMPENSATION OF THE COUNTY 

TREASURERS. 

Section | Section 

1. County treasurers. | 2. Takes effect. 

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 as amended by chapter 104 of the Laws of 1935 
by striking out the whole of said section and inserting in place 
thereof the following: 12. Salaries and Expenses. The an- 
nual 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, four 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 
passage. 

[Approved May 11, 1937.] 



1957] 



Chapter lOl 



113 



CHAPTER 101. 

AN ACT RELATING TO LIMITED PARTNERSHIPS. 



Section 



10. 

n. 



12. 
13. 



14. 



15. 



Limited partnership defined. 
Formation. 

Business which may be carried 
on. ^ 

Character of limited partner s 

contribution. 
A name not to contain surname 
of hmited partner; excep- 
tions. 
LiabiHty for false statements 

in certificate. 
Limited partner not liable to 

creditors. 
Admission of additional limited 

partners. 
Rights, powers and liabilities 

of a general partner. 
Rights of a limited partner. 
Status of person erroneously 
believing himself a limited 
partner. 
One person both general and 

limited partner. 
Loans and other business 
transactions with limited 
partner. 
Relation of limited partners 

inter se. 
Compensation of limited part- 



Section 

16. Withdrawal or reduction of 
limited partner's contribu- 
tion. 
Liability of limited partner to 

partnership. 
Nature of limited partner's in- 
terest in partnership. 
Assignment of limited part- 
ner's interest. 
Effect of retirement, death or 
insanity of a general part- 
ner. 
Death of limited partner. 
Rights of creditors of Hmited 

partner. 
Distribution of assets. 
Certificate cancelled or 

amended. 
Requirements for amendment 

and cancellation. 
Parties to action. 
Title. 

Construction. 
Rules for cases not provided 

for in this act. 
Partnerships organized else- 
where. 

31. Act repealed. 

32. Takes effect. 



17. 
18. 
19. 
20. 



21. 
22. 

23. 
24. 

25. 

26. 
27. 
28. 
29. 

30. 



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

1. Limited Partnership Defined. A limited partnership is 
a partnership formed by two or more persons under the pro- 
visions of section 2, having as members one or more general 
partners and one or more limited partners. The limited part- 
ners as such shall not be bound by the obligations of the part- 
nership. 

2. Formation. (1) Two or more persons desiring to form 

a limited partnership shall 

(a) Sign and swear to a certificate, which shall state 

I. The name of the partnership, 

II. The character of the business, 

III. The location of the principal place of business, 

IV. The name and place of residence of each member ; 
general and limited partners being respectively designated, 



114 Chapter 101 [1937 

V. The term for which the partnership is to exist, 

VI. The amount of cash and a description of and the 
agreed value of the other property contributed by each Hmited 
partner, 

VII. The additional contributions, if any, agreed to be 
made by each limited partner and the times at which or events 
on the happening of which they shall be made, 

VIII. The time, if agreed upon, when the contribution of 
each limited partner is to be returned, 

IX. The share of the profits or the other compensation by 
way of income which each limited partner shall receive by rea- 
son of his contribution, 

X. The right, if given, of a limited partner to substitute 
an assignee as contributor in his place, and the terms and con- 
ditions of the substitution, 

XL The right, if given, of the partners to admit addi- 
tional limited partners, 

XII. The right, if given, of one or more of the limited 
partners to priority over other limited partners, as to contribu- 
tions or as to compensation by way of income, and the nature of 
such priority, 

XIII. The right, if given, of the remaining general part- 
ner or partners to continue the business on the death, retire- 
ment or insanity of a general partner, and, 

XIV. The right, if given, of a limited partner to demand 
and receive property other than cash in return for his con- 
tribution. 

(b) File for record the certificate in the oflftce of the secre- 
tary of state. 

(2) A limited partnership is formed if there has been sub- 
stantial compliance in good faith with the requirements of 
paragraph (1). 

3. Business Which May be Carried on. A limited partner- 
ship may carry on any business which a partnership without 
limited partners may carry on. 

4. Character of Limited Partner's Contribution. The con- 
tributions of a limited partner may be cash or other property, 
but not services. 

5. A Name Not to Contain Surname of Limited Pai'tner; 
Exceptions. (1) The surname of a limited partner shall not 
appear in the partnership name, unless (a) it is also the sur- 



1937] Chapter 101 115 

name of a general partner, or (b) prior to the time when the 
hmited partner became such the business had been carried on 
under a name in which his surname appeared. 

(2) A Hmited partner whose name appears in a partner- 
ship name contrary to the provisions of paragraph (1) is liable 
as a general partner to partnership creditors who extend credit 
to the partnership without actual knowledge that he is not a 
general partner. 

6. Liability for False Statements in Certificate. If the 
certificate contains a false statement, one who suffers loss by 
reliance on such statement may hold liable any party to the 
certificate who knew the statement to be false, (a) at the time 
he signed the certificate, or (b) subsequently, but within a suf- 
ficient time before the statement was relied upon to enable him 
to cancel or amend the certificate, or to file a petition for its 
cancellation or amendment as provided in section 25 (3). 

7. Limited Partner Not Liable to Creditors. A limited 
partner shall not become liable as a general partner unless, in 
addition to the exercise of his rights and powers as a limited 
partner, he takes part in the control of the business. 

8. Admission of Additional Limited Paitners. After the 
formation of a limited partnership, additional limited partners 
may be admitted upon filing an amendment to the original 
certificate in accordance with the requirements of section 25. 

9. Rights, Powers and Liabilities of a General Partner. (1) 
A general partner shall have all the rights and powers and be 
subject to all the restrictions and liabilities of a partner in a 
partnership without limited partners, except that without the 
written consent or ratification of the specific act by all the 
limited partners, a general partner or all of the general part- 
ners have no authority to (a) do any act in contravention of 
the certificate, (b) do any act which would make it impossible 
to carry on the ordinary business of the partnership, (c) con- 
fess a judgment against the partnership, (d) possess partner- 
ship property, or assign their rights in specific partnership 
property, for other than a partnership purpose, (e) admit a 
person as a general partner, (f ) admit a person as a limited 
partner, unless the right so to do is given in the certificate, (g) 
continue the business with partnership property on the death, 
retirement or insanity of a general partner, unless the right so 
to do is given in the certificate. 



116 Chapter 101 [1937 

10. Rights of a Limited Partner. (1) A limited partner 
shall have the same rights as a general partner to (a) have the 
partnership books kept at the principal place of business of 
the partnership, and at all times to inspect and copy any of 
them, (b) have on demand true and full information of all 
things affecting the partnership, and a formal account of part- 
nership affairs whenever circumstances render it just and rea- 
sonable, and (c) have dissolution and winding up by decree of 
court. 

(2) A limited partner shall have the right to receive a 
share of the profits or other compensation by way of income, 
and to the return of his contribution as provided in sections 15 
and 16. 

11. Status of Person Erroneously Believing Himself a 
Limited Partner. A person who has contributed to the capital 
of a business conducted by a person or partnership erroneously 
believing that he has become a limited partner in a limited 
partnership, is not, by reason of his exercise of the rights of a 
limited partner, a general partner with the person or in the 
partnership carrying on the business, or bound by the obliga- 
tions of such person or partnership; provided that on ascer- 
taining the mistake he promptly renounces his interest in the 
profits of the business, or other compensation by way of in- 
come. 

12. One Person Both General and Limited Partner. (1) A 
person may be a general partner and a limited partner in the 
same partnership at the same time. 

(2) A person who is a general, and also at the same time a 
limited partner, shall have all the rights and powers and be 
subject to all the restrictions of a general partner; except that, 
in respect to his contribution, he shall have the rights against 
the other members which he would have had if he were not 
also a general partner. 

13. Loans and Other Business Transactions with Limited 
Partner. (1) A limited partner also may loan money to and 
transact other business with the partnership, and, unless he 
is also a general partner, receive on account of resulting claims 
against the partnership, with general creditors, yro rata 
share of the assets. No limited partner shall in respect to any 
such claim (a) receive or hold as collateral security any part- 
nership property, or (b) receive from a general partner or the 



1937] CHAPTER 101 117 

partnership any payment, conveyance, or release from liability, 
if at the time the assets of the partnership are not sufficient 
to discharge partnership liabilities to persons not claiming as 
general or limited partners. 

(2) The receiving of collateral security, or a payment, con- 
veyance, or release in violation of the provisions of paragraph 
(1) is a fraud on the creditors of the partnership. 

14. Relation of Limited Partners inter se. Where there 
are several limited partners the members may agree that one 
or more of the limited partners shall have a priority over other 
limited partners as to the return of their contributions, as to 
their compensation by way of income, or as to any other 
matter. If such an agreement is made it shall be stated in the 
certificate, and in the absence of such a statement all the 
limited partners shall stand upon equal footing. 

15. Compensation of Limited Partner. A limited partner 
may receive from the partnership the share of the profits or 
the compensation by way of income stipulated for in the cer- 
tificate; provided, that after such payment is made, whether 
from the property of the partnership or that of a general part- 
ner, the partnership assets are in excess of all liabilities of the 
partnership except liabilities to limited partners on account of 
their contributions and to general partners. 

16. Withdrawal or Reduction of Limited Partner's Con- 
tribution. (1) A limited partner shall not receive from a 
general partner or out of partnership property any part of his 
contribution until (a) all Habilities of the partnership, except 
liabilities to general partners and to limited partners on 
account of their contributions, have been paid or there remains 
property of the partnership sufficient to pay them, (b) the 
consent of all members is had, unless the return of the con- 
tribution may be rightfully demanded under the provisions of 
paragraph (2), and (c) the certificate is cancelled or so 
amended as to set forth the withdrawal or reduction. 

(2) Subject to the provisions of paragraph (1) a limited 
partner may rightfully demand the return of his contribution 
(a) on the dissolution of a partnership, or (b) when the date 
specified in the certificate for its return has arrived, or (c) 
after he has given six months' notice in writing to all other 
members, if no time is specified in the certificate either for the 



118 CHAPTER 101 [1937 

return of the contribution or for the dissolution of the partner 
ship. 

(3) In the absence of any statement in the certificate to 
the contrary or the consent of all members, a limited partner, 
irrespective of the nature of his contribution, has only the 
right to demand and receive cash in return for his contribution. 

(4) A limited partner may have the partnership dissolved 
and its affairs wound up when (a) he rightfully but un- 
successfully demands the return of his contribution, or (b) the 
other Habilities of the partnership have not been paid, or the 
partnership property is insufficient for their payment as re- 
quired by paragraph (1) (a) and the limited partner would 
otherwise be entitled to the return of his contribution. 

17. Liability of Limited Partner to Partnership. (1) A 
limited partner is liable to the partnership (a) for the differ- 
ence between his contribution as actually made and that stated 
in the certificate as having been made, and (b) for any unpaid 
contribution which he agreed in the certificate to make in the 
future at the time and on the conditions stated in the 
certificate. 

(2) A limited partner holds as trustee for the partnership 
(a) specific property stated in the certificate as contributed by 
him, but which was not contributed or which has been wrong- 
fully returned, and (b) money or other property wrongfully 
paid or conveyed to him on account of his contribution. 

(3) The liabilities of a limited partner as set forth in this 
section can be waived or compromised only by the consent of 
all members; but a waiver or compromise shall not affect the 
right of a creditor of a partnership who extended credit or 
whose claim arose after the filing and before a cancellation or 
amendment of the certificate, to enforce such liabilities. 

(4) When a contributor has rightfully received the return 
in whole or in part of the capital of his contribution, he is 
nevertheless liable to the partnership for any sum, not in ex- 
cess of such return with interest, necessary to discharge its 
liabilities to all creditors who extended credit or whose claims 
arose before such return. 

18. Nature of Limited Partner's Interest in Partnership. A 
limited partner's interest in the partnership is personal 
property. 



1937] Chapter 101 119 

19. Assignment of Limited Partner's Interest. (1) A 

limited partner's interest is assignable. 

(2) A substituted limited partner is a person admitted to 
all the rights of a limited partner who has died or has assigned 
his interest in a partnership. 

(3) An assignee, who does not became a substituted 
limited partner, has no right to require any information or ac- 
count of the partnership transactions or to inspect the partner- 
ship books; he is only entitled to receive the share of the 
profits or other compensation by way of income, or the return 
of his contribution, to which his assignor would otherwise be 
entitled. 

(4) An assignee shall have the right to become a substi- 
tuted limited partner if all the members (except the assignor) 
consent thereto or if the assignor, being thereunto empowered 
by the certificate, gives the assignee that right. 

(5) An assignee becomes a substituted limited partner when 
the certificate is appropriately amended in accordance with 
section 25. 

(6) The substituted limited partner has all the rights and 
powers, and is subject to all the restrictions and liabilities of 
his assignor, except those liabilities of which he was ignorant 
at the time he became a limited partner and which could not be 
ascertained from the certificate. 

(7) The substitution of the assignee as a limited partner 
does not release the assignor from liability to the partnership 
under sections 6 and 17. 

20. Effect of Retirement, Death or Insanity of a General 
Partner. The retirement, death or insanity of a general part- 
ner dissolves the partnership, unless the business is continued 
by the remaining general partners (a) under a right so to do 
stated in the certificate, or (b) with the consent of all 
members. 

21. Death of Limited Partner. (1) On the death of a 
limited partner his executor or administrator shall have all the 
rights of a limited partner for the purpose of settling his 
estate, and such power as the deceased had to constitute his 
assignee a substituted limited partner. 

(2) The estate of a deceased limited partner shall be liable 
for all his liabilities as a limited partner. 

22. Rights of Creditors of Limited Partner. (1) On due 



120 CHAPTER 101 [1937 

application to a court of competent jurisdiction by any judg- 
ment creditor of a limited partner, the court may charge the 
interest of the indebted limited partner with payment of the 
unsatisfied amount of the judgment debt; and may appoint a 
receiver, and make all other orders, directions, and inquiries 
which the circumstances of the case may require. 

(2) The interest may be redeemed with the separate prop- 
erty of any general partner, but may not be redeemed with 
partnership property. 

(3) The remedies conferred by paragraph (1) shall not be 
deemed exclusive of others which may exist. 

(4) Nothing in this act shall be held to deprive a limited 
partner of his statutory exemption. 

23. Distribution of Assets. (1) In settling accounts after 
dissolution the liabilities of the partnership shall be entitled to 
payment in the following order: (a) Those to creditors, in 
the order of priority as provided by law, except those to 
limited partners on account of their contributions, and to gen- 
eral partners, (b) those to limited partners in respect to their 
share of the profits and other compensation by way of income 
on their contributions, (c) those to limited partners in respect 
to the capital of their contributions, (d) those to general part- 
ners other than for capital and profits, (e) those to general 
partners in respect to profits, (f) those to general partners in 
respect of capital. 

(2) Subject to any statement in the certificate or to sub- 
sequent agreement, limited partners share in the partnership 
assets in respect to their claims for capital, and in respect to 
their claims for profits or for compensation by way of income 
on their contributions respectively, in proportion to the respec- 
tive amounts of such claims. 

24. When Certificate Shall be Cancelled or Amended. (1) 
The certificate shall be cancelled when the partnership is dis- 
solved or all limited partners cease to be such. 

(2) A certificate shall be amended when (a) there is a 
change in the name of the partnership or in the amount or 
character of the contribution of any limited partner, (b) a per- 
son is substituted as a limited partner, (c) an additional 
limited partner is admitted, (d) a person is admitted as a gen- 
eral partner, (e) a general partner retires, dies or becomes in- 
sane, and the business is continued under section 20, (f) there 



1937] Chapter 101 121 

is a change in the character of the business of the partnership, 
(g) there is a false or erroneous statement in the certificate, 
(h) there is a change in the time as stated in the certificate for 
the dissolution of the partnership or for the return of a con- 
tribution, (i) a time is fixed for the dissolution of the partner- 
ship, or the return of a contribution, no time having been 
specified in the certificate, or (j) the members desire to make 
a change in any other statement in the certificate in order that 
it shall accurately represent the agreement between them. 

25. Requirements for Amendment and for Cancellation of 
Certificate. (1) The writing to amend a certificate shall (a) 
conform to the requirements of section 2 (1) (a) as far as 
necessary to set forth clearly the change in the certificate 
which it is desired to make, and (b) be signed and sworn to by 
all members, and an amendment substituting a limited partner 
or adding a limited or general partner shall be signed also by 
the member to be substituted or added, and when a limited 
partner is to be substituted, the amendment shall also be 
signed by the assigning limited partner. 

(2) The writing to cancel a certificate shall be signed by 
all members. 

(3) A person desiring the cancellation or amendment of a 
certificate, if any person designated in paragraphs (1) and (2) 
as a person who must execute the writing refuses to do so, 
may petition the superior court in and for any county in which 
the partnership is doing or has been doing any business to 
direct a cancellation or amendment thereof. 

(4) If the court finds that the petitioner has a right to 
have the writing executed by a person who refuses to do so, 
it shall order the secretary of state or deputy secretary of state 
to record the cancellation of amendment of the certificate ; and 
where the certificate is to be amended, the court shall also 
cause to be filed for record in said office a certified copy of its 
decree setting forth the amendment. 

(5) A certificate is amended or cancelled when there is filed 
for record in the office of the secretary of state where the cer- 
tificate is recorded (a) a writing in accordance with the pro- 
visions of paragraph (1), or (2) or (b) a certified copy of the 
order of court in accordance with the provisions of para- 
graph (4). 

(6) After the certificate is duly amended in accordance 



122 Chapter 101 [1937 

with this section, the amended certificate shall thereafter be 
for all purposes the certificate provided for by this act. 

26. Parties to Actions. A contributor, unless he is a gen- 
eral partner, is not a proper party to proceedings by or against 
a partnership, except where the object is to enforce a limited 
partner's right against or liability to the partnership. 

27. Title. This act may be cited as The Uniform Limited 
Partnership Act. 

28. Rules of Construction. (1) The rule that statutes in 
derogation of the common law are to be strictly construed shall 
have no application to this act. 

(2) This act shall be so interpreted and construed as to 
effect its general purpose to make uniform the law of those 
states which enact it. 

(3) This act shall not be so construed as to impair the obli- 
gations of any contract existing when the act goes into effect, 
nor to affect any action or proceedings begun or right accrued 
before this act takes effect. 

29. Rules for Cases Not Provided for in this Act. In any 
case not provided for in this act the rules of law and equity, 
including the law merchant, shall govern. 

30. Existing Limited Partnerships and Limited Partner- 
ships Organized Elsewhere. (1) Any limited partnership 
heretofore formed under any statute of this state and existing 
at the time of the adoption of this act, and the general and 
limited partners composing the same, shall be subject to the 
provisions of and entitled to all the benefits of this act ; except 
that any certificates and affidavits heretofore recorded and 
published as required by the limited partnership statute in 
effect in this state at the time of such recording or publication 
shall be deemed a full compliance with the provisions of this 
act. 

(2) A partnership heretofore or hereafter formed under 
the statutes of another state shall be a limited partnership un- 
der this act and qualified to do business as such in this state 
upon compliance with the provisions of this act in the same 
manner as if formed under the provisions of this act. 

31. Act Repealed. Except to the extent provided in section 
30 of this act, Public Laws, chapter 156, is hereby repealed. 

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

[Approved May 12, 1937.] 



1937] Chapter 102 123 

CHAPTER 102. 

AN ACT RELATING TO LINES OF TELEGRAPH AND OTHER COM- 
PANIES IN HIGHWAYS. 



Skction 

1. Lines of wire, cables, etc. 

2. Action on petition. 

3. Dissatisfaction of party in in- 

terest. 



Section 

4. State highways and trunk lines. 

5. Authority to grant. 

6. Licenses. 

7. Takes effect. 



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

1. Lines of Wire, Cables, etc. Amend section 2, chapter 
97, Public Laws, as inserted by chapter 100 of the Laws of 
1935, by striking out said section and inserting- in place thereof 
the following: 2. Locating. Any such person, copartner- 
ship or corporation, desiring to erect or install any such poles, 
structures, conduits, cables or wires in, under or across any 
such highway, may petition the selectmen of the town in which 
such highway is situated to grant a license therefor. If the 
public good requires, the selectmen shall grant a license for 
erecting or installing and maintaining the poles, structures, 
conduits, cables or wires described in the petition. The select- 
men in such license shall designate and define the maximum 
and minimum length of poles, the maximum and minimum 
height of structures, the approximate location of such poles and 
structures and the minimum distance of wires above and of con- 
duits or cables below the surface of the highway and in their 
discretion the approximate distance of such poles from the 
edge of the traveled roadway or of the sidewalk. Such desig- 
nation and definition of location may be by reference to a map 
or plan filed with or attached to the petition or license. In 
connection with such a petition the petitioner may also peti- 
tion such selectmen to grant a permit for such poles, struc- 
tures, conduits, cables or wires. If the public good requires, 
the selectmen shall grant a permit for erecting or installing 
and maintaining such poles, structures, conduits, cables or 
wires. Such permit shall be effective for such term as they 
may determine, but not exceeding one year from the date of 
grant thereof, and may upon petition be extended for a further 
term not exceeding one year. Such permit shall designate and 
define in a general way the location of the poles, structures, con- 
duits, cables or wires described in the petition therefor. Except 



124 Chapter 102 [1937 

as herein otherwise provided, the holder of such permit shall 
during the term thereof be entitled to have and exercise all the 
rights, privileges and immunities and shall be subject to all the 
duties and liabilities granted or imposed by this chapter upon 
the holder of a license hereunder. After the poles, structures, 
conduits, cables or wires have been erected or installed pur- 
suant to such permit and on or before the expiration thereof, 
the selectmen shall, if the public good requires, grant a hcense 
therefor as aforesaid. The word "license" as hereinafter used 
in this chapter except in section 5 shall be construed to include 
the word permit. The holder of such a license (hereinafter re- 
ferred to as licensee) shall thereupon and thereafter be en- 
titled to exercise the same and to erect or install and maintain 
any such poles, structures, conduits, cables and wires 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 reasonable 
and proper operation of the business carried on by such 
licensee, 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 service ; 
and to place in such underground conduits such number of 
ducts, wires and cables as they are designed to accommodate 
and to supply and install in connection with such underground 
conduits and cables the necessary and proper manholes, drains, 
transformers and other accessories which may reasonably be 
required. 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. 

2. Action on Petition. Amend section 5 of said chapter 97, 
as inserted by chapter 100 of the Laws of 1935, by striking out 
said section and inserting in place thereof the following: 5. 
Return; Record. The selectmen or the board of mayor and 
aldermen or other board having authority to locate poles and 
wires in cities, or the state highway commissioner, within 
thirty days after any petition authorized by this chapter has 
been presented for action, shall make a return of their pro- 



1937] Chapter 102 125 

ceedings and their decision thereon ; provided, however, that if 
a permit is granted upon petition therefor, return and decision 
upon the petition for license presented with such petition for 
permit shall be made on or before the expiration of such per- 
mit. They shall cause the petition for license and their re- 
turn to be recorded by the clerk of the city or town in which 
the poles, structures, conduits, cables or wires are located. 

3. Dissatisfaction of Parties in Interest. Amend section 7 
of said chapter 97, as inserted by chapter 100 of the Laws of 
1935, by striking out said section and inserting in place thereof 
the following: 7. Petition to Court. If the selectmen or the 
board of mayor and aldermen or other board having authority 
to locate poles and wires in cities, or the state highway com- 
missioner, shall neglect or refuse to decide and make return of 
their proceedings upon any petition authorized by this chapter 
within the times limited by section 5, or if any party whose in- 
terests 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 dis- 
satisfied may apply to the superior court for relief within sixty 
days after the expiration of the times limited by section 5 
or after such decision ; and like proceedings shall thereupon be 
had as in the case of appeals from the laying out of highways. 

4. State Highways and Trunk Lines. Amend section 9 of 
said chapter 97, as inserted by chapter 100 of the Laws of 1935, 
by striking out said section and inserting in place thereof the 
following: 9. Jurisdiction of Highway Commissioner. 
Petitions filed under sections 2 and 3 of this chapter involving 
state highways or trunk lines as defined in section 1 of 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, shall be addressed to the state highway com- 
missioner, who shall have exclusive jurisdiction of the dis- 
position 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 state highway com- 
missioner shall also have the same authority as conferred up- 
on the selectmen by section 4 of this chapter to revoke or 
change the terms and conditions of any such license. The 
state highway commissioner is hereby authorized to delegate 



126 Chapter 102 [1937 

all or any part of the powers conferred upon him by the pro- 
visions of this section to such agent or agents as he may duly 
appoint in writing; the state highway commissioner shall 
cause such appointments, including such as may have been 
heretofore made by him, to be recorded in the office of the 
secretary of state, who shall keep a record thereof. The loca- 
tion of poles licensed upon such petitions shall be entered by 
the state highway department upon the existing record plans 
of said department, at the expense of the licensees. On record 
plans of said department prepared on or after the effective 
date of this act, such locations shall be entered without cost 
to the licensee. 

5. Authority to Grant. Amend section 11 of said chap- 
ter 97, as inserted by chapter 100 of the Laws of 1935, by 
striking out said section and inserting in place thereof the 
following: 11. Joint Licenses. Joint licenses for erecting 
or installing and maintaining any jointly owned poles, 
structures, conduits, cables and wires may be granted under 
the provisions of this chapter to two or more petitioners. 

6. Licenses. Amend said chapter 97, as inserted by chap- 
ter 100 of the Laws of 1935, by adding after section 11 the 
following new section: 11-a. Transfer of . In connec- 
tion with the transfer of all or any interest in any poles, 
structures, conduits, cables or wires, the transferor may by 
appropriate assignment transfer his or its license to maintain 
the same and the transferee shall be entitled to have and 
exercise such license to the extent necessary for his or its use 
of the transferred property, upon recording such assignment 
with the clerk of the town in which said property is situated. 

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

[Approved May 12, 1937.] 



1937] 



Chapter 103 



127 



CHAPTER 103. 

AN ACT RELATING TO INSTITUTIONS UNDER THE SUPERVISION OF 
THE BANK COMMISSIONER. 



Section 

1. Against losses. 

2. Repeal. 

3. Trust companies. 

4. Building and loan associa- 

tions. 

5. Credit unions. 

6. Investments. 

7. Liquidation. 



Section 

8. Trust and banking companies. 

9. Private banking. 

10. Repeal. 

11. Investments. 

12. Repeal. 

13. Powers of trust companies. 

14. Deposit of collateral. 

15. Takes effect. 



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

1. Against Losses. Amend chapter 259 of the PubHc 
Laws by adding after section 10 a new section which shall 
read as follows: 10-a. Protection. The bank commissioner 
shall require each institution under his supervision to provide 
for the reasonable protection or indemnity of such institution 
against losses from such dishonest or criminal acts as the 
commissioner may determine. The bank commissioner shall 
not require protection or indemnity in excess of one hundred 
thousand dollars against losses resulting from the acts of any 
one person. The insurance commissioner shall determine 
whether the form of any document offered for such purpose by 
any such institution complies with the requirements of the 
bank commissioner. Any institution dissatisfied with any re- 
quirements of the bank commissioner under the provisions of 
this section may appeal therefrom within twenty days of 
notice thereof to a board of appeal who shall be the bank com- 
missioner, the insurance commissioner and the attorney-gen- 
eral or in his absence the assistant attorney-general. The 
decision of such board made after notice and hearing shall be 
final. The directors or trustees of any such institution may pro- 
vide for the protection or indemnity thereof in addition to any 
protection or indemnity required under the provisions hereof. 

2. Repeal. Amend chapter 261 of the Public Laws by 
striking out sections 11, 12, 13, 14, 15 and 16 thereof, relative 
to bonds of treasurers of savings banks. 

3. Trust Companies. Amend section 29, chapter 265 of the 
Public Laws, by striking out the words "and shall give bond 
to the satisfaction of said board for the faithful performance 



128 Chapter 103 [1937 

of his duties" and by striking out the comma after the word 
"directors" and inserting in place thereof the word and, so 
that said section as amended shall read as follows: 29. 
Treasurer. The treasurer shall be elected by the board of 
directors and shall hold office during their pleasure. 

4. Building and Loan Associations. Amend chapter 266 
of the Pubhc Laws by striking out sections 26, 27, 28 and 29 
thereof, relative to officers' bonds. 

5. Credit Unions. Amend section 26 of chapter 267 of the 
Public Laws by striking out from the second sentence thereof 
the words "to fix the amount of the surety bond required of any 
officer having custody of funds, subject to the approval of the 
commissioner," so that the said section as amended shall read 
as follows: 26. DLrectors' Powers. The board of directors 
shall have the general direction of the affairs of the union, and 
shall meet as often as may be necessary. It shall be their 
special duty to act upon all applications for membership and 
upon the expulsion of members, to determine the rate of inter- 
est on loans and deposits, to fill vacancies in the board of 
directors until new members shall be elected and qualified, to 
make recommendation to the members of the union relative to 
the amount of entrance fee to be charged new members, the 
maximum amount to be loaned any one member, the advisa- 
bility of declaring a dividend and the amount to be declared, 
the need of amendments to the by-laws, and any other matters 
upon which, in their opinion, the members should act at any 
meeting. 

6. Investments. Amend section 23, chapter 262 of the 
Public Laws, as inserted by section 4 of chapter 32 of the Laws 
of 1935 and amended by section 1, chapter 119 of the Laws of 
1935 by striking therefrom the words "Until May 15, 1937" 
wherever the same appear and substituting in place thereof 
the words Until May 15, 1939, and further amend said section 
by inserting after the comma following the word "railroads" 
in the first sentence thereof the following railroad terminals, 
railroad bridges, so that said section as amended shall read as 
follows: 23. Temporary Provisions. Until May 15, 1939, 
mortgage bonds and senior obligations of railroads, railroad 
terminals, railroad bridges, public utilities, or industrial com- 
panies, except holding companies, incorporated and operating 
within the boundaries of the United States shall be legal for 



1937] Chapter 103 129 

investment by savings banks and savings departments 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 attend- 
ing 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. Any security certified 
hereunder as legal shall cease to be legal for investment by sav- 
ings banks and savings departments of trust companies when- 
ever the board of investments with the approval of the bank 
commissioner shall so determine. 

Until May 15, 1939, 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 in- 
denture which is in effect a first mortgage, on property owned 
or operated by such railroad company, or (b) a refunding 
mortgage which covers at least seventy-five per cent of rail- 
road 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, 1939, 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 



130 Chapter 103 [1937 

of section 12 of chapter 262 of the Public Laws in mortgage 
bonds issued, assumed or guaranteed as to principal and in- 
terest 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. 

7. Liquidation. Amend chapter 268 of the Public Laws 
by adding after section 19 the following new section: 19-a. 
Payment of Dividends. In the absence of an express written 
agreement to the contrary, any person paying to the deposi- 
tor of a bank closed or in liquidation under this chapter or in 
any manner, a part or the whole of his deposit therein shall be 
subrogated to the rights of such depositor to receive dividends 
on account of the amount so paid. 

8. Trust and Banking Companies. Amend section 10 of 
chapter 264 of the Public Laws by striking out the period at 
the end thereof and adding thereto the following; or shall be 
organized subsequent to June 1, 1937. The additional liability 
imposed on stockholders by provisions of this section or im- 
posed on stockholders or special depositors of a guaranty fund 
by similar provisions contained in any special charter, or 
amendment thereof, of any similar corporation including any 
savings bank or guaranty savings bank shall cease with re- 
spect to the stockholders or special depositors of any corpora- 
tion which gives notice as hereafter set forth on the date 
specified in such notice. Such notice shall specify a date on 
which the said liability shall cease and shall be published once 
at least six months prior to such date in a newspaper published 
in the city, town or county in which such corporation is located, 
so that said section as amended shall read as follows: 10. 
Stockholder's Liability. The stockholders in any such corpora- 
tion shall be personally liable, equally and ratably, and not one 
for another, for all contracts, debts and engagements of the 
corporation to the amount of their stock therein at the par 
value thereof, in addition to the amount invested in such 
shares. This section shall not apply to the stockholders in 
such corporations as were engaged in business on January 1, 
1911 or shall be organized subsequent to June 1, 1937. The 



1937] Chapter 103 131 

additional liability imposed on stockholders by provisions of 
this section or imposed on stockholders or special depositors of 
a guaranty fund by similar provisions contained in any special 
charter, or amendment thereof, of any similar corporation in- 
cluding any savings bank or guaranty savings bank shall cease 
with respect to the stockholders or special depositors of any 
corporation which gives notice as hereafter set forth on the 
date specified in such notice. Such notice shall specify a date 
on which the said Habihty shall cease and shall be pubUshed 
once at least six months prior to such date in a newspaper 
published in the city, town or county in which such corpora- 
tion is located. 

9. Private Banking. Amend chapter 260 of the Public 
Laws by striking out sections 24, 25, and 26 thereof and sub- 
stituting therefor the following: 24. Prohibited. No in- 
dividual, partnership, association or corporation except 
national banks and such corporations as are thereto empowered 
by their charters granted by this state shall receive deposits 
and transact business in the way or manner of a bank or in 
such way or manner as to lead the public to believe that his, 
their or its business is that of a bank. Whoever violates any 
provision of this section shall forfeit to the state one hundred 
dollars a day for every day or part thereof during which such 
violation continues. 25. Recovery. Any violation of the 
provisions of the preceding section shall forthwith be reported 
by the commissioner to the attorney-general; and the for- 
feiture may be recovered by an information or other appro- 
priate proceeding brought in the superior court in his name. 
26. Injunctions. Upon such information or other proceed- 
ing the court may issue an injunction restraining such in- 
dividual, partnership, association or corporation from further 
prosecution of the prohibited business within this state during 
the pendency of such proceeding or for all time, and may make 
such other order as justice may require. 

10. Repeal. Section 4 and sections 52 to 59, inclusive, of 
chapter 261 of the Public Laws, relative to right to act as sav- 
ings bank, are hereby repealed. 

11. Investments. Amend paragraph I-a, section 3, chap- 
ter 262 of the Public Laws, as inserted by section 1, chapter 32, 
Laws of 1935, by striking out the same and inserting in place 
thereof the following: I-a. Loans Insured by the Federal 



132 Chapter 103 [1937 

Housing Administrator. Those secured by mortgage which 
the federal housing administrator has insured, or made com- 
mitment to insure, if the laws of the United States entitle the 
mortgagee to receive payment of such insurance in cash or the 
debentures hereafter described, and such debentures issued by 
the federal housing administrator as 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. 

12. Repeal. Paragraph Vlll-b of section 3 of chapter 262 
of the Public Laws, as inserted by section 3, chapter 32, Laws 
of 1935, relative to investments in obligations of national 
mortgage associations, is hereby repealed. 

13. Powers of Trust Companies. Amend section 31, chap- 
ter 265 of the Public Laws by adding in the twelfth line there- 
of after the word "security" the following; except that loans 
not exceeding eighty per cent of the value of the security may 
be made on notes secured by first mortgages on real estate 
situated within the state or within any county contiguous to 
the town in which the loaning bank is situated, if such mort- 
gages are insured by the federal housing administrator and 
the laws of the United States entitle the mortgagee to receive 
payment of such insurance in cash or in debentures fully 
guaranteed as to principal and interest by the United States, 
so that said section as amended shall read as follows : 31. In 
General. Such corporation may be authorized and empowered 
to receive on deposit, storage or otherwise money, securities, 
jewelry, documents, evidences of debt and other personal prop- 
erty of a similar character, for safe keeping, upon such terms 
or conditions as may be agreed upon, which said deposits may 
be made by corporations and persons acting individually or in 
any fiduciary capacity; to collect and disburse the income and 
principal of said property when due ; to advance or loan money 
or credits on personal security or property ; to advance or loan 
not exceeding twenty-five per cent of its capital and surplus on 
notes secured by first mortgage of real estate situated in the 
New England States, but no such loan shall exceed seventy 
per cent of the value of the security except that loans not ex- 
ceeding eighty per cent of the value of the security may be 
made on notes secured by first mortgages on real estate situ- 



1937] Chapter 104 133 

ated within the state or within any county contiguous to the 
town in which the loaning bank is situated, if such mortgages 
are insured by the federal housing administrator and the laws 
of the United States entitle the mortgagee to receive payment 
of such insurance in cash or in debentures fully guaranteed as 
to principal and interest by the United States; to negotiate, 
purchase and sell stocks, bonds and other evidences of debt; 
to do a general banking business; and to conduct a savings 
bank business. 

14. Deposit of Collateral. Wherever collateral must or 
may be furnished by any depository in the state of New Hamp- 
shire as security for the deposit of any funds whatsoever, or 
wherever collateral must or may be deposited with any official 
of the state of New Hampshire pursuant to any statute of this 
state, mortgages insured by the federal housing administra- 
tor, if the laws of the United States entitle the mortgagee to 
receive payment of such insurance in cash or the debentures 
hereafter described, and such debentures issued by the 
federal housing administrator as are fully guaranteed as to 
principal and interest by the United States, shall be considered 
eligible collateral for such purposes. 

15. Takes Effect. This act shall take effect upon its 
passage except that sections 1, 2, 3, 4 and 5 hereof shall take 
effect on August 1, 1937. 

[Approved May 12, 1937.] 



CHAPTER 104. 

AN ACT RELATING TO DEPOSITS BY STATE TREASURER. 



Section 

1. Public moneys, deposits by 
state treasurer. 



Section 
2. Takes effect. 



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

1. Public Moneys, Deposits by State Tleasurer. Amend 
section 6 of chapter 15 of the Public Laws, as amended by 
chapter 3 of the Laws of 1927, by striking out the word "fifty" 
and by inserting in lieu thereof the word sixty, so that the said 
section as amended shall read as follows: 6. Deposits. The 
treasurer may deposit any portion of the public moneys in his 



134 Chapter 105 [1937 

possession, in such national banks within the state or the state 
of Massachusetts, or any such trust company incorporated un- 
der the laws of, or doing business within, the state or the state 
of Massachusetts, as shall be approved at least once in six 
months by the governor and council, but the amount deposited 
in any one bank or trust company shall not at any time exceed 
sixty per cent of its paid up capital and surplus. Other things 
being equal, those banks or trust companies shall receive pref- 
erence which will allow interest on daily balances. All inter- 
est received on such deposits shall be paid into the state 
treasury. 

2. Takes Effect. This act shall take effect on its passage. 

[Approved May 12, 1937.] 



CHAPTER 105. 

AN ACT RELATIVE TO THE PLACING OUT OF INFANTS. 

Section I Section 

1. Placing of infants. I 2. Takes effect. 

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

1. Placing of Infants. Amend section 12 of chapter 118 
of the Public Laws, as amended by chapter 177, Laws of 1929, 
by striking out the words "for compensation" in the second 
and third lines and inserting in place thereof the words, for a 
period of more than thirty days, so that said section as 
amended shall read as follows : 12. Notice of Placing. Who- 
ever receives under his care or control, and whoever places 
under the care or control of another, for a period of more 
than thirty days, an infant under three years of age, which is 
not related by blood or marriage to the person receiving it, 
shall, within two days thereafter, give notice thereof, and of 
the terms upon which such infant was received, to the state 
board of public welfare, with the name, age and residence of 
the infant, its parents and the persons from whom and by 
whom it was received. 

2. Takes Effect. This act shall take effect on its passage. 
[Approved May 12, 1937.] 



1937] Chapter 106 135 

CHAPTER 106. 

AN ACT RELATING TO BUILDING AND LOAN ASSOCIATIONS. 



Section 

1. Loans. 

2. Amendment. 

3. Excess funds. 

4. Paid-up shares. 



Section 

5. Amount. 

6. Single payment shares. 

7. Takes effect. 



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

1. Loans. Amend chapter 266 of the Pubhc Laws by in- 
serting after section 9, as amended by section 3, chapter 82, 
Laws of 1935, the following new sections: 9-a. To Officers 
and Directors. No building and loan association shall make a 
loan to any of its officers or directors nor accept any of its 
officers or directors as surety, endorser or guarantor upon any 
loan, unless all of the directors of the association have con- 
sented thereto in writing. 

9-b. Reduction of. With the approval of the board of 
directors, any shares pledged for a real estate loan may, at the 
request of the owner thereof, be cancelled, whereupon there 
shall be endorsed on the mortgage note as a credit upon the 
amount of the loan the full value of such shares, less all 
monthly instalments of interest and fines and/or premium in 
arrears, unpaid taxes, and an amount not in excess of three 
hundred dollars to be expended for repairs, at the option of 
the directors, any other legal charges and such sum as will 
leave the amount of the loan a multiple of fifty dollars. Such 
cancellation and credit may be made even if the amount of the 
loan will not thereby be reduced as to principal. Thereupon 
new shares in the current series shall be issued to the share- 
holder in the proportion of one share to each two hundred 
dollars of the loan then remaining unpaid. The new shares 
issued shall be transferred and pledged to the association as 
security for the amount of the loan remaining unpaid, and the 
fact thereof shall be endorsed upon or attached to the note in 
the following form : 

,19 

The value of the shares herein pledged, less deductions 
authorized by section 9-b of chapter 266 of the Public Laws, 
amounting to $ , has this day been applied as a 



136 Chapter 106 [1937 

credit upon this note, leaving a balance due and unpaid of 

$ to secure which shares of series 

have been issued, and are hereby transferred and pledged. 

For value received, I or we promise to pay to said corpora- 
tion or its order dollars at or before its monthly 

meeting on the of each month hereafter, being the 

amount of the monthly dues on the shares hereby substituted, 
and of the monthly interest and/or premium upon said balance 
of $ , together with all fines chargeable by the by- 
laws of said corporation upon arrears of such payments until 
said substituted shares shall reach maturity, or otherwise 
sooner pay to said corporation or its order the said balance of 
$ , with interest and fines and/or premium as afore- 
said. 

Witness, (Signature) 

Approved 

Treasurer. 

Neither the note evidencing the loan nor the mortgage 
securing the same shall be prejudiced by the application of the 
value and the change of shares, notwithstanding the fact that 
a provision for such application and change was not originally 
made in the note or mortgage, and both note and mortgage 
shall continue to be held by the association as good and 
sufficient security for the balance remaining unpaid. 

After the application of the value as a credit, the amount of 
the loan shall forthwith be reduced to an equal extent, and the 
owner shall thereafter be liable for only the reduced amount 
and any arrearages or penalties occasioned by his own default. 

No action under this section shall affect the rights of the 
holder, other than the corporation granting the accommoda- 
tion, of any mortgage recorded prior to May first, 1937, unless 
the written assent of such holder shall be obtained, nor shall 
any such action affect the rights of an original borrower 
whose note is dated prior to said date, unless his written assent 
shall be obtained. 

2. Amendment. Further amend said chapter 266 by strik- 
ing out all of section 14-b as inserted by section 3, chapter 26, 
Laws of 1933, and inserting in place thereof the following: 
14-b. Guaranty Fund. Every building and loan association 
shall, at each distribution of profits reserve as a guaranty fund 



1937] Chapter 106 137 

not less than five per cent of its net profits accrued since the 
last preceding distribution, until such fund amounts to not less 
than five nor more than ten per cent of its total liabilities. Said 
guaranty fund, by vote of the board of directors, may be used 
to pay losses. Subject to the approval of the bank commis- 
sioner it may also be used to maintain the distribution of 
profits at the same rate of interest and for any other purpose. 
The board of directors may at any time, by vote duly recorded, 
transfer to the guaranty fund the whole or any part of any 
surplus or reserve under whatever name, and may increase 
such funds to a sum equal to ten per cent of the total 
liabilities. 

3. Excess Funds. Further amend said chapter 266 by in- 
serting after section 14-b the following new section: 14-c. 
Investment of. If at any time any association has funds in 
excess of the amounts required for loans to its members, and 
the payment of matured shares, and the withdrawal demand 
of its shareholders, it may invest such excess funds as follows : 

I. In bonds, notes, certificates and other valid obligations 
of the United States or of the state of New Hampshire, or of 
any county, city, or town of the state, issued pursuant to 
authority of law. 

II. In bonds, notes, debentures or other securities or 
obligations issued by any Federal Home Loan Bank of the 
United States, or by the Home Owner's Loan Corporation, or 
in securities or obligations issued by any other federal agency 
and fully guaranteed by the United States. 

4. Paid-up Shares. Amend section 22 of said chapter 266, 
as amended by section 1, chapter 82, Laws of 1935, by strik- 
ing out said section and inserting in place thereof the follow- 
ing: 22. Amount. No person shall hold more than twenty 
paid-up shares. 

5. Amount. Amend section 25 of said chapter 266, as 
amended by section 2, chapter 82, Laws of 1935, by striking 
out the words "ten per cent" in the sixth line thereof and in- 
serting in place thereof the words twenty per cent, so that 
said section as amended shall read as follows: 25. Invest- 
ment Share Certificates. For the purpose of obtaining funds 
for loans on New Hampshire homes, such associations may 
issue investment share certificates bearing dividends at a rate 
not to exceed five per cent per annum, payable semi-annually. 



138 Chapter 106 [1937 

The amount of investment share certificates which may be 
issued shall not exceed twenty per cent of other liabihties. No 
person shall hold more than two thousand dollars in these cer- 
tificates. Withdrawal of investment share certificates shall 
be subject to the same provisions as apply to paid-up certifi- 
cates. 

6. Single Payment Shares. Further amend said chapter 266 
by inserting after section 25, as amended hereinbefore, the 
following new section: 25-a. Authority to Issue; Value; 
Rights. Such associations may issue single payment shares 
of an ultimate value of two hundred dollars each. Such single 
payment shares shall be issued for the consideration of the 
initial payment only and no further payment shall be accepted 
on account thereof. Profits and dividends accruing thereon 
shall be added to the initial payment until the value of each 
share reaches two hundred dollars, when it shall be paid to the 
shareholder and the share shall be retired or paid-up certifi- 
cates issued therefor under section 21 hereof. A holder of a 
single share certificate shall have the right of withdrawal pre- 
scribed by sections 17 and 18 hereof subject to the limitations 
therein set forth but such withdrawal must be exercised as to 
the whole of the value of the share at the time of withdrawal 
and the association shall retain as a penalty for such with- 
drawal one fourth of the amount by which the value at the time 
of withdrawal exceeds the initial payment. Single payment 
shares may be paid off at any time at the option of the board 
of directors provided thirty days' notice of the payment date 
shall have been given to the holder. The said notice may not 
be waived. No person shall hold more than twenty-five single 
payment shares. 

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

[Approved May 19, 1937.] 



1937] 



Chapter 107 



139 



CHAPTER 107. 

AN ACT TO ASSURE AN ADEQUATE SUPPLY OF PROPER MILK. 



Section 

1. Definitions. 

2. Board constituted. 

3. Compensation. 

4. Assistants. 

5. Duties. 

6. Authority to fix price. 

7. Accepting grades. 

8. Licenses; fees. 

9. Records and examination. 

10. Administration, rules, regula- 

tions. 

11. Disposition of revenue. 

12. Penalties. 

13. Conferences authorized. 

14. Motion for rehearing. 

15. Specifications. 

16. Action on motion. 

17. Appeal. 

18. Petition. 

19. Parties. 



Section 

20. Notice to board. 

21. Other notice. 

22. Fees for copies. 

23. Argument. 

24. Burden of proof. 

25. Additional evidence. 

26. Taking. 

27. Stay of proceedings. 

28. Action of board. 

29. Subsequent proceedings. 

30. Evidence, how considered. 

31. Judgment. 

32. Suspension of order. 

33. Remedy exclusive. 

34. Constitutionality. 

35. Interstate commerce. 

36. Appropriation. 

37. Repeal. 

38. Takes eflfect. 



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: 

"Board," means the milk control board as constituted herein. 

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

"Distributor," means any person who produces and sells, or 
who purchases for sale or sells, more than two quarts of milk 
daily within the state for consumption, disposition or use 
within the state, except those who sell milk for consumption on 
the premises. A producer who delivers or sells milk to a dis- 
tributor only shall not be deemed a distributor. 

"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 within the 
state. 

2. Board Constituted. There shall be a Milk Control 



140 Chapter 107 [1937 

Board to consist of three members, no more than two of whom 
shall be of the same political party, to be appointed by the gov- 
ernor with the advice and consent of the council, for a term 
of three years, except the first board, whose members shall be 
appointed for terms of one, two and three years, respectively. 
The term of each member shall be fixed in his commission and 
each shall continue in office until his successor has been ap- 
pointed and qualified. One member shall be designated by the 
governor as chairman. If a vacancy shall occur in said board, 
it shall be filled for the unexpired term by the governor with 
advice and consent of the council. 

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

4. Assistants. Said board, with the approval of the gover- 
nor and council, may employ and fix the salaries of a secretary 
and such assistants as may be necessary. 

5. Duties. It shall be the duty of the board to be informed 
at all times as to the supply, production and quality of milk 
in the state that the public may be assured of an adequate 
daily production in the state of a proper quantity and quality. 
It shall be the duty of the board further to be informed at all 
times as to the transportation, processing, storage and dis- 
tribution of milk sold, consumed or used in the state. To 
the end that no part of the state shall lose or have impaired 
its reasonable requirements of milk of a proper quality, the 
board shall have power to supervise, regulate and control the 
production, distribution and sale of milk within the state. To 
the end of safeguarding and protecting the public from the 
harm and economic loss it would sustain if the production of 
milk was substantially curtailed, the board shall secure the co- 
operation of those engaged in the industry to maintain fair 
and lawful trade practices. The authority herein conferred 
shall supplement and be in addition to but not in lieu of exist- 
ing laws relating to transportation of milk, its inspection, test- 
ing, the powers of the public service commission, the state 
board of health and local health ordinances and regulations and 
the requirements of chapters 163 and 164 of the Public Laws. 

6. Authority to Fix Price. Whenever the board shall de- 
termine, either upon complaint or upon its own initiative, after 



1937] Chapter 107 141 

public notice and hearing, that the pubHc health is menaced, 
jeopardized or likely to be impaired or deteriorated by the loss 
or substantial lessening of a supply of milk of proper quality ' 
in a specified market, the board shall fix the just and reason- 
able minimum or maximum prices, or both, that shall be paid 
producers or associations of producers by distributors, and 
the manner of payment and the prices charged consumers and 
others for milk by distributors, as long as such condition is 
found to prevail in such market. The prices so fixed need not 
be uniform in all markets and may be changed from time to 
time after such notice and public hearing as deemed by the 
board in the pubHc interest. Nothing herein shall be con- 
strued to prohibit a producers' co-operative, organized under 
chapter 224 of the Public Laws or similar laws of other states, 
from blending the proceeds from the sale of its milk in all 
markets and all classifications, and distributing such to its 
members in accordance with a contract with its members, or 
in making deductions from sums due members of such sums 
as may be authorized by the membership to be so deducted. 

7. Accepting Established Grades. The board may accept 
established and defined classes and grades of milk or may 
estabhsh and define such classes and grades, and shall specify 
to what classes or grades the prices fixed pursuant to section 

. 6 hereof shall apply. 

8. Licenses; Fees. All distributors in any market desig- 
nated by said board shall be licensed by said board. The annual 
fee for such license shall be two dollars for distributors selling 
more than two quarts and not more than twenty quarts daily 
average, four dollars for distributors selling more than twenty 
quarts and not more than fifty quarts daily, seven dollars and 
fifty cents for distributors selling more than fifty quarts and 
not more than one hundred quarts daily, ten dollars for dis- 
tributors selling more than one hundred quarts and not more 
than two hundred quarts daily, and for each additional one 
hundred quarts or fraction thereof daily sold by a distributor 
there shall be an additional license fee of five dollars. In de- 
termining the foregoing fees sales made by a distributor to 
the public over the counter, not for consumption on the 
premises, shall not be included in determining the number of 
quarts sold daily. Such over-the-counter distributor shall pay 
an annual fee for such license of one dollar. The board may, 



142 Chapter 107 [1937 

upon proper evidence, decline to grant and may, after due 
notice and public hearing, suspend or revoke, a license. Viola- 
tion by a distributor of the provisions hereof or any rule or 
regulation made hereunder, or conviction of violating the 
health laws or regulations of the state board of health, shall 
be sufficient cause to suspend, revoke or withhold such dis- 
tributor's license. Any distributor who fails to take out a 
license hereunder shall be subject to the penalties provided for 
in section 12 hereof. 

9. Records and Examination. All distributors in any 
market specified by the board as one in which it is in the pub- 
lic interest to regulate the supply, production and quality of 
milk, shall keep such records and make such reports as the 
board may reasonably require. All other distributors shall 
keep such records and make such reports as the board may 
reasonably require to keep it informed at all times as to the 
adequacy of such supply, production and quahty of milk. Any 
member of the board or its representative shall have access 
to and may enter and examine, at all reasonable hours, all 
places where milk is produced, handled, distributed or sold and 
examine all books and records kept. 

10. Administration, Rules and Regulations. In adminis- 
tering this act the board shall have the power to make orders 
hereunder, conduct hearings, subpoena and examine under 
oath producers and distributors, their books, records, docu- 
ments, correspondence and accounts, and any other person it 
deems necessary to carry out the purposes and intent of this 
act. The board may adopt, promulgate and enforce such 
reasonable rules and regulations as are deemed necessary to 
carry out the provisions of this act. 

11. Disposition of Revenue. All moneys received by the 
board from license fees and fines shall be paid promptly into 
the state treasury. All moneys received by the state treas- 
urer under the provisions hereof shall be available for the gen- 
eral revenue of the state. 

12. Penalties. Anyone violating any provision of this act 
or order hereunder, or any rule or regulation of the board 
made hereunder, or failing to answer a 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 



1937] Chapter 107 143 

be deemed a separate violation. The court imposing such 
penalty, within five days of the receipt of such fine, shall send 
the same to the board. 

13. Conferences Authorized. The board shall have power 
to confer and agree with legally constituted similar boards or 
authorities of other states, or agencies of the federal govern- 
ment, and to adopt necessary regulations to effect a uniform- 
ity in regulation and assure an adequate and proper milk 
supply in New Hampshire. 

14. Motion for Reheaiing. Within twenty days after any 
order or decision has been made by the board, any party to 
the action or proceeding before the board or any person 
directly affected thereby, may apply for a rehearing in respect 
to any matter determined in the action or proceeding, or 
covered or included in the order, specifying in the motion for 
rehearing the ground therefor, and the board may grant such 
rehearing if in its opinion good reason therefor is stated in 
said motion. 

15. Specifications. Such motion shall set forth fully every 
ground upon which it is claimed that the decision or order 
complained of is unlawful or unreasonable. No appeal from 
any order or decision of the board shall be taken unless the 
appellant shall have made application for rehearing as herein 
provided, and when such application shall have been made, no 
ground not set forth therein shall be urged, relied on or given 
any consideration by the court, unless the court for good 
cause shown shall allow the appellant to specify additional 
grounds. 

16. Action on Motion. Upon the filing of such motion for 
rehearing, the board shall within ten days either grant or deny 
the same, or suspend the order or decision complained of pend- 
ing further consideration, and any order of suspension may be 
upon such terms and conditions as the board may prescribe. 

17. Appeal. Within thirty days after the application for 
a rehearing is denied, or if the application is granted, then 
within thirty days after the decision on such rehearing, the 
appHcant may appeal by petition to the supreme court. 

18. Petition. Such petition shall state briefly, (1) the 
nature of the proceeding before the board, and (2) shall set 
forth the order or decision complained of, and (3) the grounds 



144 Chapter 107 [1937 

upon which the same is claimed to be unlawful or unreasonable 
upon which the petitioner will rely in the supreme court. 

19. Parties. Any person whose rights may be directly 
affected by said appeal may appear and become a party, or the 
court may order such persons to be joined as parties, as justice 
may require. 

20. Notice to Board. Upon the filing of an appeal, the 
clerk of court shall issue an order of notice requiring the board 
to file with the court a certified copy of the record in the pro- 
ceeding, together with such of the evidence introduced before 
or considered by the board as may be specified by any party 
in interest, as well as such other evidence, so introduced and 
considered, as the board may deem proper to certify, to- 
gether with the originals or copies of all exhibits introduced in 
evidence before the board. 

21. Other Notice. Such notice as the court may order 
shall also be given to persons who were parties to the proceed- 
ing before the board or who may be ordered joined by the 
court. 

22. Fees for Copies. The board shall collect from the 
party making the appeal a fee of ten cents per folio of one 
hundred words for the copy of the record and such testimony 
and exhibits as shall be transferred, and five cents per folio 
for manifold copies, and shall not be required to certify the 
record upon any such appeal, nor shall said appeal be con- 
sidered, until the fees for copies have been paid. 

23. Argument. Upon the filing of said copy of the record, 
evidence and exhibits, the case shall be in order for argument 
at the next regular session of the court, unless the same be 
postponed for good cause shown. 

24. Burden of Proof. Upon the hearing the burden of 
proof shall be upon the party seeking to set aside any order 
or decision of the board to show that the same is clearly un- 
reasonable or unlawful, and all findings of the board upon all 
questions of fact properly before it shall be deemed to be 
prima facie lawful and reasonable; and the order or decision 
appealed from shall not be set aside or vacated except for 
errors of law, unless the court is satisfied, by a clear pre- 
ponderance of the evidence before it, that such order is unjust 
or unreasonable. 

25. Additional Evidence. No new or additional evidence 



1937] Chapter 107 145 

shall be introduced in the supreme court, but the case shall be 
determined upon the record and evidence transferred, except 
that in any case, if it shall be necessary in order that no party 
shall be deprived of any constitutional right, or if the court 
shall be of the opinion that justice requires the reception of 
evidence of facts which have occurred since the hearing, or 
which by reason of accident, mistake or misfortune could not 
have been offered before the board, it may receive and consider 
additional evidence. 

26. Taking. Such additional evidence may be taken be- 
fore a single justice or otherwise, as the court may order. 

27. Stay of Proceedings. If the court in any case shall 
hear new evidence such new evidence shall, upon the motion 
of any party, be transmitted by copy to the board, and all pro- 
ceedings shall be stayed for twenty days from the date of such 
transmission. 

28. Action of Board. Upon receipt of such evidence, the 
board shall consider the same and may alter, modify, amend 
or rescind the order or decision appealed from, and shall re- 
port its action thereon to the court within said twenty days. 

29. Subsequent Proceedings. If the board shall rescind 
the order appealed from the appeal shall be dismissed; if it 
shall alter, modify or amend the same such altered, modified 
or amended order shall take the place of the original order com- 
plained of, and the court shall render judgment with reference 
thereto in said appeal as though said order had been made by 
the board in the first instance, after allowing any amend- 
ments of the pleadings or other incidental proceedings desired 
by the parties which the changed situation may require. 

30. Evidence, How Considered. All evidence transferred 
by the board shall be, and all additional evidence received may 
be, considered by the court regardless of any technical rule 
which might have rendered the same inadmissible if originally 
offered in the trial of an action at law. 

31. Judgment. The final judgment upon every appeal 
shall be a decree dismissing the appeal, or vacating the order 
complained of in whole or in part, as the case may be; but in 
case such order is wholly or partly vacated, the court may 
also, in its discretion, remand the matter to the board for such 
further proceedings, not inconsistent with the decree, as in the 
opinion of the board justice may require. 



146 Chapter 108 [1937 

32. Suspension of Order. No appeal or other proceedings 
taken from an order of the board shall suspend the operation 
of such order; provided that the supreme court may order a 
suspension of such order pending the determination of such 
appeal or other proceedings whenever, in the opinion of the 
court, justice may require such suspension. 

33. Remedy Exclusive. No proceeding other than the ap- 
peal herein provided for shall be maintained in any court of 
this state to set aside, enjoin the forcement of or otherwise 
review or impeach any order of the board, except as otherwise 
specially provided. 

34. Constitutionality. If any provision of this act or the 
application thereof to any person or circumstances is held in- 
valid, the remainder of the act and the application of such pro- 
visions to other persons and circumstances shall not be affected 
thereby. 

35. Interstate Commerce. Nothing herein shall be con- 
strued as applying to interstate or foreign commerce except as 
may be permitted by the federal constitution and laws enacted 
thereunder. 

36. Appropriation. There is hereby appropriated the sum 
of twelve thousand dollars for each of the fiscal years begin- 
ning July 1, 1987, and July 1, 1938, for the purposes of this 
act and the governor is authorized to draw his warrant for the 
same out of any money in the treasury not otherwise appro- 
priated. 

37. Repeal. Chapter 21 of the Laws of 1935, relative to 
the distribution and sale of milk, is hereby repealed. 

38. Takes Effect. This act shall take effect July 1, 1937. 
[Approved May 19, 1937.] 



CHAPTER 108. 

AN ACT CHANGING THE NAME OF PEMIGEWASSET POND TO 
PEMIGEWASSET LAKE. 

Section I Section 

1. Name changed. I 2. Takes effect. 

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

1. Name Changed. The body of water in the towns of 



1937] Chapter 109 147 

New Hampton and Meredith now known as Pemigewasset 
Pond shall hereafter be called Pemigewasset Lake. 

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

[Approved May 19, 1937.] 



CHAPTER 109. 



AN ACT RELATING TO DAMAGE TO FRUIT TREES BY PROTECTED 

GAME. 

Section I Section 

1. Payment for damage to fruit 2. Takes effect, 

trees. 1 

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

1. Payment for Damage to Fruit Trees. Amend section 
21, chapter 197 of Public Laws, as amended by section 1 of 
chapter 124, of the Laws of 1935 by inserting after the word 
"crops" in line two the words, or fruit trees, so that said sec- 
tion as amended shall read as follows: 21. By Game. A 
person who suffers loss or damage to annual crops or fruit 
trees, by game, shall, if he claims damages therefor, within ten 
days from the discovery thereof, notify the director in writing 
of such damage. The director or his agent shall investigate 
such claim within thirty days from the receipt by him of 
notice of such damage, determine whether such damage was 
caused by game, and appraise the amount thereof to be paid. 
The appraisal shall be made within sixty days from the re- 
ceipt 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. 

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

[Approved May 20, 1937.] 



148 Chapters 110, 111 [1937 

CHAPTER 110. 

AN ACT CHANGING THE NAME OF GORHAM POND TO LAKE 

GORHAM. 

Section I Section 

1. Name changed. | 2. Takes effect. 

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

1. Name Changed. The body of water in the town of Dun- 
barton now known as Gorham Pond shall hereafter be called 
Lake Gorham. 

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

[Approved May 20, 1937.] 



CHAPTER 111. 



AN ACT RELATIVE TO CLERK HIRE IN THE PROBATE OFFICE OF 
HILLSBOROUGH COUNTY. 



Section 

1. Hillsborough county probate 
office. 



Section 

2. Extra clerk hire. 

3. Takes effect. 



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

1. Hillsborough County Probate Office. Amend section 21, 
chapter 294 of the Public Laws, as amended by chapters 89 
and 141 of the Laws of 1929, chapter 14, Laws of 1935 and 
chapter 105 of the Laws of 1935, by striking out the word 
"fifteen" in the sixth line and inserting in place thereof the 
words, two thousand, five, so that said section as amended 
shall read as follows : 21. Clerk Hire. Registers 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, two thousand, five hundred dollars. 

In SulHvan county, three hundred dollars. 

In Grafton county, three hundred dollars. 

In Coos county, one hundred and fifty dollars. 



1937] 



Chapter 112 



149 



2. Extra Clerk Hire. The payment by Hillsborough 
county for extra clerk hire in the office of the register of pro- 
bate for the period from February, 1935, to May, 1937, is 
hereby ratified. 

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

[Approved May 20, 1937.] 



CHAPTER 112. 


AN ACT TO CREATE A STATE BOARD OF ACCOUNTANCY. 


Section 


Section 


1. New chapter. 


8. Annual registration. 


1. Definition. 


9. Neglect. 


2. Board of accountancy. 


10. Penalties. 


3. Certificates. 


11. False statements. 


4. Examinations. 


12. Firms, etc. 


5. Exceptions. 


13. Property in records, etc 


6. Revocation. 


14. Saving clause. 


7. Fees. 


2. Takes effect. 



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

1. New Chapter. Amend chapter 270 of the Pubhc Laws 
by striking out all of said chapter and inserting in place 
thereof the following : 

CHAPTER 270 

PUBLIC ACCOUNTANCY 

1. Definition. When used in this chapter the term "cer- 
tified public accountant" means a person skilled in the science 
and practice of accountancy who has received from the board of 
accountancy hereinafter- created a certificate of his qualifica- 
tions to practice as a certified public accountant, or who at the 
time of the passage of this chapter was legally registered as a 
public accountant. 

2. Board of Accountancy. There is hereby created a board 
of accountancy to consist of three members to be appointed by 
the governor with the advice and consent of the council, all of 
whom shall be holders of certificates issued under the pro- 
visions of this chapter or under the provisions of chapter 127 
of the Laws of 1921 heretofore known as chapter 270 of the 



150 Chapter 112 [1937 

Public Laws. Members of the board must have held certifi- 
cates as certified public accountants from the state of New 
Hampshire for a period of at least five years immediately pre- 
ceding their appointment. At least two members of the board 
shall be actively engaged in the practice of public accounting 
at the time of their appointment. Those first appointed shall 
hold office, one for one year, one for two years, and one for 
three years and until their successors are appointed and 
qualified, the term of each to be designated by the governor 
and council in each appointment. Their successors shall be 
appointed for terms of three years and until their suc- 
cessors are appointed and qualified. No person shall be 
appointed to serve more than two consecutive terms. Vacan- 
cies occurring in the board may be filled by the governor with 
the advice and consent of the council by appointment for the 
unexpired term. The governor may, with the advice and con- 
sent of the council, after hearing, remove any member of the 
board for neglect of duty or other just cause. The board shall 
organize by the election of a chaiiTnan and a secretary- 
treasurer and may make all rules and regulations necessary to 
carry into effect the purposes of this act. A majority of mem- 
bers acting as a board shall constitute a quorum for the trans- 
action of business. The board shall have a seal which shall be 
judicially noticed. The board shall keep a record of all the pro- 
ceedings and actions by and before the board, and in any pro- 
ceeding in a court a certificate under the seal of the board shall 
be prima facie evidence of any proceeding or action by or be- 
fore the board stated in said certificate. Members of the board 
shall be compensated in the amount of five dollars per day for 
each day actually engaged in the duties of the office. In addi- 
tion the secretary-treasurer shall be compensated in the 
amount of fifty dollars ($50) per annum. 

3. Certificates. The certificate of certified public account- 
ant shall be granted by the board to any person who is a citi- 
zen of the United States, and who is a resident of the state of 
New Hampshire and has a place of business or is employed 
therein at the time of his application, and who is over the age 
of twenty-one years, and who is of good moral character, and 
who is a graduate of a high school with a four years' course or 
has had an equivalent education, and who shall have been in 
the employ of a certified public accountant for a period of at 



1937] Chapter 112 151 

least four years or who, in the opinion of the board, has had 
similar responsible experience, and who shall have successfully 
passed examinations in the theory and practice of general ac- 
counting, in auditing, in commercial law, and in such other re- 
lated subjects as the board may deem advisable. This section 
is subject to the exceptions contained in section 5 of this 
chapter. 

4. Examinations. All examinations provided for herein 
shall be conducted by the board. The examinations shall take 
place as often as may be necessary in the opinion of the board 
but not less frequently than once each year. The time and 
place of holding examinations shall be designated by the board. 
A candidate who shall have passed a satisfactory examination 
in all but one of the subjects given by the board for examina- 
tion may be re-examined in that subject only, at subsequent 
examinations held by the board, and if he passes in that sub- 
ject, he shall be considered to have passed the examination. 
Nothing in this law shall be construed as prohibiting the re- 
examination in all subjects of a candidate who has failed in a 
prior examination. 

5. Exceptions. Nothing herein shall be construed as re- 
voking any certificate as certified public accountant issued un- 
der chapter 127 of the Laws of 1921, hitherto known as chap- 
ter 270 of the Public Laws of the state of New Hampshire, 
provided that the holders of such certificates have complied 
with the provisions of annual registration, provided for in 
chapter 270 of the Public Laws of New Hampshire. The board 
of accountancy may, in its discretion waive the examination 
and residence requirements provided by section 3 of this chap- 
ter, and may issue a certificate as certified public accountant 
to any person possessing the other qualifications mentioned in 
section 3 of this chapter who is the holder of a certificate as 
certified public accountant issued under the laws of any state 
or territory, provided the requirements for such certificate in 
the state or territory which has granted it to the applicant are 
in the opinion of the board equivalent to those herein re- 
quired; or who is the holder of a certificate as certified public 
accountant or the equivalent thereof issued in any foreign 
country, provided the requirements for such certificates are in 
the opinion of the board equivalent to those herein required; 
and further provided that such states, territories, or foreign 



152 Chapter 112 [1937 

countries shall have reciprocal agreement with this state, 
whereby a resident of the state of New Hampshire holding a 
certificate as a certified public accountant, under the laws of 
the state of New Hampshire, may, upon application, obtain a 
certificate as a certified public accountant from said state, ter- 
ritory, or foreign country. 

6. Revocation. The board of accountancy by majority 
vote thereof may permanently revoke or temporarily suspend 
the effect of the certificate of any certified public accountant 
who has been convicted of a felony by the courts of this state, 
or any other state, or has been guilty of any fraud or deceit in 
obtaining such certificate, or who has been guilty of wilful 
negligence or wrongful conduct in the practice of professional 
accountancy. Notice of the cause for such contemplated 
action and the date of hearing thereon by the board shall be 
mailed to the holder of such certificate at his or her registered 
address at least twenty days before said hearing. No certifi- 
cate shall be revoked or the effect thereof suspended until the 
board shall have had such hearing, but the non-appearance of 
the holder of any certificate after notice as herein provided 
shall not prevent such hearing. At all such hearings the at- 
torney-general, or an assistant designated by him shall appear 
and represent the interests of the public. By majority vote 
the board may reissue the certificate of any certified public ac- 
countant whose certificate shall have been revoked and may 
modify the effect of the suspension of any certificate which 
has been suspended. 

7. Fees. The board of accountancy shall charge for the 
examinations provided for in this act the fee of twenty-five 
dollars. This fee shall be payable by the applicant at the time 
of making his or her initial application. In case the applica- 
tion is rejected, the fee shall be refunded. Should the appli- 
cant fail to pass the required examination, re-examination or 
subsequent examinations shall be given the same applicant for 
an additional fee of ten dollars for each examination. No addi- 
tional fee shall be charged for the certificate of a successful 
applicant. 

8. Annual Registration. All such certified public account- 
ants shall practice in this state for one year after admission 
thereto. Annually, each certified public accountant shall 
register at the office of the board of accountancy giving his 



1937] Chapter 112 153 

then residence and place of business and such other informa- 
tion as the board may require. The annual fee for such regis- 
tration shall be five dollars, to be paid to said board. Said 
board shall thereupon file a duplicate of the registration in the 
office of the secretary of state. Said accountant shall be en- 
titled to a certificate from said board setting forth the fact of 
the annual registration, payment of the fee and recording 
thereof. The fees collected under this chapter shall be paid into 
the state treasury, and the state treasurer, on warrant of the 
governor, shall pay out of the funds so paid into the treasury 
all expenses incident to the examinations, the expenses of issu- 
ing certificates and fees and expenses of the members of the 
board while performing their duties under this chapter, and 
shall also place in the hands of the board of accountancy as a 
working fund such sums as the governor may approve, the 
same to be advanced out of the fees paid into the treasury by 
the board. An account thereof shall be made to the state treas- 
urer monthly, or as much oftener as the governor and coun- 
cil shall direct. No expenses incurred under this chapter shall 
be a charge against the general funds of the state. The board 
shall annually report the number of certificates issued and the 
receipts and expenses under this chapter during each fiscal 
year to the governor and council. 

9. Neglect. The name of any certified public accountant 
who fails to register within one month of the annual date of 
his admission to practice in this state shall be dropped from 
the records of the board and his certificate, as a certified pub- 
lic accountant, shall be forfeited, provided, however, that the 
board of accountancy may have the power to reinstate said 
certificate upon receipt of application and due consideration of 
the circumstances in connection with the case. 

10. Penalties. If any person shall represent himself or her- 
self to the public as having received a certificate as provided for 
in this chapter, or shall assume to practice as a certified public 
accountant without having received such certificate, or if any 
person having received such certificate shall thereafter lose the 
same by revocation or have the effect of the same suspended 
as provided for in this chapter and shall continue to practice 
as a certified public accountant, or if any person shall use such 
title, or the abbreviation "C. P. A.," or any other words, 
letters, or abbreviations tending to indicate that such person 



154 Chapter 112 [1937 

is a certified public accountant without having received such 
certificate or after such certificate has been revoked or while 
it is suspended, such person shall be fined not exceeding five 
hundred dollars or be imprisoned not exceeding six months, or 
both such fine and imprisonment in the discretion of the court. 

11. False Statements. If any person acting in the 
capacity of an accountant wilfully makes any false or mislead- 
ing statement in writing in regard to any financial trans- 
action or account, such person shall be fined not exceeding five 
hundred dollars, or be imprisoned not exceeding six months, or 
both such fine and imprisonment in the discretion of the court. 

12. Firms, etc. Nothing contained in this chapter shall 
prevent the use in professional accounting practice of a firm 
name or partnership name, provided that partners or man- 
agers of such firm or partnership directly engaged in the con- 
duct of such practice within this state shall hold certificates 
issued under this chapter, and nothing contained in this chap- 
ter shall prevent the employment of uncertified persons in sub- 
ordinate capacities by a certified public accountant or by a firm 
or partnership, the resident partners or managers of which are 
certified public accountants. 

13. Property in Records, etc. All statements, records, 
schedules, and memoranda made by a certified public account- 
ant or by an employee or employees of a certified public ac- 
countant incident to or in the course of professional service to 
clients by such certified public accountant, except reports sub- 
mitted by a certified public accountant to a client, shall be and 
remain the property of such certified public accountant, in the 
absence of written agreement between the certified public ac- 
countant and the client to the contrary. 

14. Saving Clause. If any provision of this chapter or the 
application thereof to any person or circumstances is held in- 
valid, the remainder of the act and the application of such pro- 
vision to other persons or circumstances shall not be affected 
thereby. 

2. Takes Effect. This act shall take eff'ect upon its 
passage. 

[Approved June 2, 1937.] 



1937] 



Chapter 113 



155 



CHAPTER 113. 

AN ACT RELATING TO THE REGISTRATION OF MOTOR VEHICLES, 

TRAILERS, SEMI-TRAILERS AND TRACTORS, AND TO 

OPERATORS' LICENSES. 



Section 

8. Fiscal year. 

9. Temporary provisions for 

registration. 

10. Temporary provisions for 

operator's licenses. 

11. Takes effect. 



Section 

1. Alotor vehicle registration. 

2. Municipal permits. 

3. Amendment. 

4. Reduced fee. 

5. Operator's license. 

6. Registration. 

7. Number plates. 

Be it enacted by the Semite and HoKse of Representatives in 
General Court convened: 

1. Motor Vehicle Registration. Amend section 4, chap- 
ter 100 of the Public Laws by striking out said section and in- 
serting in place thereof the following: 4. Expiration. The 
registration of every motor vehicle, trailer, semi-trailer or 
tractor shall expire at midnight upon March thirty-first next 
following the date of its issue, unless otherwise provided. 

2. Municipal Permits. Amend section 18 of said chapter 
100 by striking out the words "December thirty-first of the 
year when issued" and inserting in place thereof the words, 
March thirty-first next following the date of their issue, so 
that said section as amended shall read as follows: 18. Ex- 
piration. All permits for registration of motor vehicles pro- 
vided for in this chapter shall expire at midnight upon March 
thirty-first next following the date of their issue. 

3. Amendment. Amend section 12 of said chapter 100, as 
amended by chapter 5, Laws of 1929, and by chapter 76 of the 
Laws of 1937,* by striking out said section and inserting in 
place thereof the following: 12. Transfer Credits. Upon 
the transfer of ownership of a motor vehicle the permit shall 
expire ; provided that any owner who has paid a permit fee for 
a motor vehicle the ownership of which is transferred, or 
which is subsequently totally lost by fire, theft or accident, 
during the same fiscal year ending March thirty-first shall be 
entitled to a credit to the amount of any such permit fee or 
fees towards other permit fees which may be required of him in 
the same fiscal year; and provided further that a minimum 
amount of fifty cents in cash shall be paid for each permit 



* Chapter 76, ante. 



156 Chapter 113 [1937 

issued. No portion of any permit fee once paid shall be repaid 
to any person and from December first to March thirty-first 
such credits shall not exceed one third of the amount of the 
ori^nal fee. 

4. Amendment. Amend section 15 of said chapter 100 by 
striking out the word "September" in the second line and in- 
serting in place thereof the word December, and by striking 
out the word "December" in the third line and inserting in 
place thereof the word March, so that said section as amended 
shall read as follows: 15. Reduced Fee. For permits issued 
under the provisions of this chapter during the period begin- 
ning with December first, and ending March thirty-first the 
fees shall be one third of the sum named in section 14. 

5. Operator's License. Amend section 8 of chapter 101 of 
the Public Laws by striking out said section and inserting in 
place thereof the following: 8. Expiration. All licenses to 
operate motor vehicles, except special non-resident certificates, 
shall expire on March thirty-first next following the date of 
their issue. 

6. Registration. Amend paragraph VI of section 1 of 
chapter 102 of the Pubhc Laws by striking out the word 
"September" and inserting in place thereof the word Decem- 
ber, and by striking out the word "December" and inserting in 
place thereof the word March, so that said paragraph as 
amended shall read as follows : VI. For every motor vehicle 
owned by a non-resident who applies for registration under the 
provisions of chapter 100, section 26, and for every motor 
vehicle during the period beginning December first and ending 
March thirty-first in any year, one half of the foregoing fees ; 
provided that, if such motor vehicle owned by a non-resident 
of this state is used, or is intended to be used for hire, the 
commissioner shall collect the full fee according to the rated 
weight and class herein provided. 

7. Number Plates. Amend section 2 of chapter 103 of the 
Public Laws, as amended by chapter 76 of the Laws of 1927, 
by striking out said section and inserting in place thereof the 
following: 2. Use of. No number plates other than those 
procured from the commissioner or such as may be authorized 
by him for temporary use, except as provided for non- 
residents, shall be displayed on any motor vehicle, trailer, 
semi-trailer or tractor so operated, but during the period from 



1937] Chapter 113 157 

March twenty-ninth to March thirty-first, inclusive, the owner 
of a vehicle which has been properly registered in accordance 
with the provisions of chapter 100 of the PubHc Laws for the 
succeeding fiscal year, may display in the manner provided 
herein in place of the number plates then in use the number 
plates for the succeeding fiscal year. 

8. Fiscal Year. All sections of the motor vehicle laws re- 
ferring to the calendar year are hereby amended in so far that 
such sections shall now apply to the fiscal year ending on March 
thirty-first. 

9. Temporary Provisions for Registration. For the period 
from January first to March thirty-first, inclusive, 1938, the 
owner of a motor vehicle, trailer, semi-trailer or tractor which 
has been properly registered in accordance with the provisions 
of chapter 100 of the Public Laws for the year 1937, shall dis- 
play on said motor vehicle, trailer, semi-trailer or tractor in 
the manner provided for by law, said 1937 number plates and 
such motor vehicles, trailers, semi-trailers or tractors display- 
ing such number plates shall be deemed to be properly regis- 
tered for the period ending March thirty-first. The registra- 
tion of every motor vehicle, trailer, semi-trailer or tractor 
registered for the period from January first, 1938, to March 
thirty-first, 1938, shall expire at midnight on March thirty- 
first, 1938. For such registrations the commissioner may 
issue 1937 plates and such motor vehicles, trailers, semi-trail- 
ers or tractors displaying such 1937 number plates shall be 
deemed to be properly registered. For the registration of 
motor vehicles during the period from January first, 1938, to 
March thirty-first, 1938, no permit for registration as provided 
for in section 10, chapter 100, Public Laws shall be required. 

10. Temporary Provisions for Operators' Licenses. For 
the period from January first to March thirty-first, inclusive, 
1938, a person who has been properly licensed to operate a 
motor vehicle in accordance with the provisions of chapter 101 
of the Public Laws may use such license in the manner pro- 
vided by law, and shall be deemed to be properly licensed to 
operate a motor vehicle, for such period. All Hcenses to 
operate motor vehicles issued during the period from January 
first to March thirty-first, inclusive, 1938, for said period shall 
expire at midnight on March thirty-first, 1938. For such 
licenses the commissioner may issue 1937 licenses and a person 



158 Chapter 114 [1937 

who has been properly licensed for said period may use such 
licenses in the manner provided by law and shall be deemed to 
be properly licensed to operate motor vehicles for such period. 
No fee shall be charged for licenses issued for such period. 

11. Takes Effect. This act shall take effect at midnight 
December 31, 1937, except sections 3, 4 and 6, which shall take 
effect September 1, 1937. 

[Approved June 2, 1937.] 



CHAPTER 114. 

AN ACT RELATIVE TO TAKING OF SUCKERS. 



Section 
3. Takes efifect. 



Section 

1. Suckers. 

2. Waters inhabited by brook 

trout. 

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

1. Suckers. Amend chapter 201 of the Public Laws, as 
inserted by section 5, chapter 124, Laws of 1935, by inserting 
after section 20 a new section as follows: 20-a. Taking 
Authorized. Suckers may be taken by the use of hand dip 
nets not over eighteen inches in diameter, or drop nets not over 
forty-eight inches in diameter, or by spear, from March first 
to June first and suckers may be taken at any time for bait 
with a trap made of wire or slats of a length not to exceed 
fifty inches and of a width not to exceed thirty inches, with an 
aperture for the entrance of fish not to be smaller than 
three and one-half inches. The provisions of section 20 shall 
not apply to persons taking suckers as provided by this 
section. 

2. Waters Inhabited by Brook Trout. Amend section 18 
of said chapter 201 by inserting after the word "by" in line 
five the word, brook, so that said section as amended shall read 
as follows: 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 inhabited by brook trout. Minnow traps may be 
set for taking minnows for bait, in waters inhabited by trout, 



1937] Chapters 115, 116 159 

provided that no such trap shall exceed eighteen inches in 
length, and that the aperture therein for the entrance of fish 
shall not exceed one inch in diameter. 

3. Takes Effect. This act shall take effect upon its 
passage, 

[Approved June 2, 1937.] 



CHAPTER 115. 

AN ACT TO NAME THE HIGHWAY FROM WINCHESTER TO RINDGE. 

Section I Section 

1. General James Reid highway. I 2. Takes effect. 

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

1. General James Reid Highway. The highway extending 
from Winchester to Rindge through Richmond and Fitzwilliam 
shall hereafter be designated as the General James Reid High- 
way. 

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

[Approved June 3, 1937.] 



CHAPTER 116. 

AN ACT RELATING TO APPRiUSAL OF TAXABLE PROPERTY. 



Section 
3. Takes effect. 



Section 

L Appraisal of distinct interests. 
2. Exception. 

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

1. Appraisal. Amend section 2, chapter 63 of the Public 
Laws by striking out in hne five the word "shall" and insert- 
ing in place thereof the word, may ; further amend by adding 
at the end of said section the words, except as provided in the 
following section, so that said section as amended shall read 
as follows : 2. Distinct Interests. Whenever it shall appear 
to the selectmen that several persons are owners of distinct in- 
tests in the same real estate, or that one person is owner of 
land and another is the owner of any building, timber or wood 



160 Chapter 117 [1937 

standing thereon, or ores or minerals therein, they may, upon 
request, appraise such interests and assess the same to the 
owners thereof separately, except as provided in the following 
section. 

2. Exception. Amend chapter 63 of the Public Laws by 
adding after section 2 a new section to read as follows : 2-a. 
Notice of Assessment. Whenever one person shall build or 
erect a building on land of another, the land and the building 
may be taxed together as real estate to the owner of the land, 
provided one of the selectmen, prior to or at the time of their 
taking the invoice, gives notice in writing to the owner of the 
land, stating that they intend to tax such building as real 
estate to such owner of the land; and an affidavit, by the 
selectman or assessor giving the notice, that such notice was 
given, shall be evidence of the fact. In such case the owner of 
the land shall have a lien on such dwelling or other structure 
for the payment of said taxes. 

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

[Approved June 3, 1937.] 



CHAPTER 117. 



AN ACT TO INCREASE THE SALARY OF SOLICITOR OF CHESHIRE 

COUNTY. 



Section 
2. Takes effect. 



Section 

1. Salary of solicitor of Cheshire 
county. 

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

1. Salaiy of Solicitor of Cheshire County. Amend section 
20, chapter 16 of the Public Laws, as amended by chapters 76 
and 152 of the Laws of 1931 and chapter 11 of the Laws of 
1937,* by striking out the word "eight" after the word 
"Cheshire" in line 10 and inserting in place thereof the word. 
twelve, so that said section as amended shall read as follows: 
20. Salaries. The annual salaries of the solicitors in the 
several counties shall be as follows : 

In Rockingham, fifteen hundred dollars ; 

In Strafford, twelve hundred dollars; 



* Chapter 11, ante. 



1937] 



Chapter 118 



161 



In Belknap, nine hundred dollars; 

In Carroll, eight hundred dollars; 

In Merrimack, twelve hundred and fifty dollars; 

In Hillsborough, twenty-five hundred dollars; 

In Cheshire, twelve hundred dollars ; 

In Sullivan, twelve hundred dollars; 

In Grafton, twelve hundred dollars; 

In Coos, fifteen hundred dollars. 

2. Takes Effect. This act shall take effect April 1, 1938. 

[Approved June 3, 1937.] 



CHAPTER 118. 

AN ACT RELATIVE TO THE NEW^ HAMPSHIRE WATER RESOURCES 

BOARD. 



Section 

7. Unlawful use of stored water. 

8. Removal. 

9. Governor and council, approval 

of contracts. 

10. Water regulating committees. 

11. Takes effect. 



Section 

1. Purposes defined. 

2. Projects defined. 

3. Hearing, governor and council. 

4. Project self-liquidating. 

5. Stored water; judicial de- 

termination of compensation. 

6. Eminent domain procedure. 

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

1. Purposes Defined. Amend section 1 of chapter 121 of 
the Laws of 1935 by inserting after the words "conservation 
and distribution of water" the words, and the regulation of 
the flow of rivers and streams, and by adding at the end there- 
of the following: It is further declared that there is a special 
public need for dams and reservoirs at strategic locations for 
regulating the flow of rivers and streams to lessen damages 
resulting from floods and to promote the state's industrial and 
economic welfare, by enhancing the present and potential 
water power along the rivers and streams, and the construc- 
tion, maintenance and operation of such dams and reservoirs 
within the state is a primary purpose of this act, so that as 
amended said section shall read as follows: 1. Declaration 
of Need. It is hereby declared that there is a state-wide need 
for the conservation and distribution of water and the regula- 
tion of the flow of rivers and streams and that the public in- 



162 Chapter 118 [1937 

terest, welfare and necessity require the construction of proj- 
ects for the conservation, development, storage, distribution 
and utilization of water, and the corporation created here- 
under shall be regarded as performing a governmental func- 
tion in carrying out the provisions of this act. It is further 
declared that there is a special public need for dams and reser- 
voirs at strategic locations for regulating the flow of rivers 
and streams to lessen damages resulting from floods and to 
promote the state's industrial and economic welfare, by en- 
hancing the present and potential water power along the 
rivers and streams, and the construction, maintenance and 
operation of such dams and reservoirs within the state is a 
primary purpose of this act. 

2. Projects Defined. Amend paragraph III of section 2 of 
said chapter 121 by striking out said paragraph and by sub- 
stituting therefor the following: 

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 accomphshing the purposes set 
forth in section 1 hereof, including, without limiting the gen- 
erality of the foregoing, reservoirs, dams, diversion and dis- 
tribution canals, lateral ditches, pumping units, mains, pipe 
lines and water-works systems. 

3. Hearing, Governor and Council. Amend section 6 of 
said chapter 121 by striking out the whole thereof and sub- 
stituting in place thereof the following: 6. Project Reports; 
Hearing and Order. Said board, before commencing any 
project, shall submit to the governor and council a report, in- 
cluding a detailed description and plan of the project, a de- 
tailed estimate of the total cost thereof and of the revenues to 
be derived therefrom. The governor and council, upon receiv- 
ing such report, shall determine whether the project is of pub- 
lic use and benefit and within the authority conferred upon 
the board by this act. They shall cause a hearing to be held 
thereon and, if it shall appear that the project is of public use 
and benefit and within the authority conferred upon the board, 
they may, by written order, direct said board to proceed with 
such project. The governor and council shall order notice of 
the hearing upon any such report to be given in such manner 
as they shall deem fit. 



1937] Chapter 118 163 

4. Project Self -Liquidating. Amend section 7 by striking 
out the whole thereof and substituting in place thereof the 
following: 7. Contracts. Upon receipt of the written order 
specified in section 6, said board, for the purpose of making 
such project so far as possible self -liquidating and self- 
supporting, shall proceed to make contracts in the name of the 
corporation with such persons or corporations as may be 
specially benefited by such project, including users of water 
in and outside the state for power or other purposes, covering 
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 difi'erent 
users. All such contracts shall inure to the benefit of and bind 
the contracting users and their successors in title to the dams, 
water and flowage rights, generating plants, mills or other real 
estate constituting the property on account of whose benefit 
the compensation is payable. 

5. Stored Water; Judicial Determination of Compensation. 
Amend said chapter 121 by inserting after section 7, the fol- 
lowing new section: 7-a. Stored Water; Judicial Determina- 
tion of Compensation. If a user of water substantially bene- 
fited by a project shall decline to enter into a contract as above 
provided, or if the board and such user cannot agree upon the 
compensation to be paid by him, either party may, before or 
after the completion of such project, apply by petition in 
equity to the superior court for the county in which the bene- 
fited property is situated to determine such compensation. If 
the proceeding is brought by the corporation and such user 
files a disclaimer of any right to use stored water as defined 
in section 10, the petition shall be dismissed; otherwise the 
court, after hearing, shall determine the compensation for 
benefits justly payable by such user and enter a decree en- 
titling him to make use of stored water subject to payment 
thereof and fixing the time and manner of such payment. The 
compensation fixed by the decree shall not exceed the benefit 
resulting or to result to the user, shall be proportioned to the 
compensation payable by other users under existing contracts 
relative to the same project, and may be made payable in 



164 Chapter 118 [1937 

amortized or other instalments in the same manner as the 
compensation provided for in such contracts; and the court, 
in proper appUcation and notice, may subsequently modify or 
revise the decree as justice may require. Any decree entered 
pursuant to this section and any subsequent modification or 
revision thereof shall inure to the benefit of and bind the user 
and his successors in title. 

6. Eminent Domain Procedure. Amend section 8 of said 
chapter 121 by striking out the whole thereof and by substi- 
tuting therefor the following: 8. Acquisition of Property. 
For the purposes of any project within its authority under the 
provisions of this act, said corporation may acquire such land, 
easements, flowage rights and other rights in land hereinafter 
referred to as real estate, as may be needed by purchase, lease, 
or otherwise, and upon such terms, conditions and prices as 
the commission may deem reasonable. If, from any cause, it 
shall be unable so to acquire said real estate, it may institute 
proceedings for condemnation thereof for the use of the state 
in the manner hereinafter provided: 

I. Said corporation shall cause a plan or location of the 
real estate proposed to be taken to be prepared and a copy 
thereof filed with the clerk of the superior court for each 
county in which any of such real estate is located and shall 
apply by petition to the superior court for the county in which 
such real estate is located, to acquire said real estate for and 
in the name of the state and to have assessed the damages 
occasioned by the taking. Such petition shall state the name 
and residence so far as known to said corporation of all per- 
sons claiming ownership of or interest in the real estate pro- 
posed to be taken. Where such real estate is located in more 
than one county the petition may be filed in either county. 

II. The superior court, upon the filing of any such petition, 
shall order notice thereof to be given to all persons claiming 
ownership of or interest in such real estate to appear and pre- 
sent their claims at a time and place to be stated in the notice, 
by publication, and an attested copy of such notice shall be 
given in hand to, left at the usual place of residence or busi- 
ness of, or sent by registered mail to the last known address 
of all claimants whose names appear in the petition, fourteen 
days at least before the said date of hearing. The superior 
court, after notice to all parties interested, shall hear the pre- 



1937] CHA.PTER 118 165 

liminary questions, if any, and all issues relating to title, and 
shall determine the rights and interests of any and all parties, 
and the findings and decree relating to such issues shall be 
final and subject to review only upon questions of law. 

III. Upon final determination of any and all of said ques- 
tions, the superior court shall, unless the parties elect a trial 
by jury, appoint a commission consisting of three suitable per- 
sons, to assess the damages occasioned by the taking. The 
commissioners, upon reasonable notice to all interested parties 
and after hearing, shall assess the damages and make report 
of such assessment to the superior court, and such action shall 
be taken thereon as justice may require. If either party shall 
so elect, before reference of such petition to a commission, the 
damages occasioned by the taking shall be assessed by jury, 

IV. In trying any question of damages before said com- 
missioners 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 consider relevant, shall be competent as evidence of 
value. The damages as determined shall be awarded to the 
owner or apportioned among the several owners in accordance 
with their several interests as determined and judgment 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 the governor and 
council. 

VI. The corporation at any time after filing such petition 
may enter upon and take possession of the real estate upon 
providing such security as justice may require, to pay any 
damages occasioned by the entry or to satisfy any judgment 
which may be rendered on the petition. The amount of the 
security and all questions relating thereto may be determined 
by the superior court upon application of either party. The 
title to the real estate shall, upon payment or tender of the 
damages occasioned by the taking, be vested in the state. For 
purposes of surveying and other investigation, said corpora- 
tion shall be entitled to enter upon any real estate, doing no un- 



166 Chapter 118 [1937 

necessary damage, and the owner thereof may, if the parties 
are unable to agree, recover any damages sustained by him by 
reason of any prehminary entry authorized by this section, by 
action at law 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 other- 
wise, of any real estate, property or interest or easement there- 
in, or of any water rights, such property or rights shall, with- 
out further action, and by virtue of this act, be and become 
dedicated to the use and purposes of the corporation. 

7. Unlawful Use of Stored Water Defined. Amend section 
10 by striking out the whole thereof and by substituting in 
place thereof the following: 10. Unlawful Use of Stored 
Water; Penalty. As used in this act, the term "stored 
water" is hereby defined as water released from storage pro- 
vided under the terms of this act in excess of the amount 
which would naturally flow at the time of such release if stor- 
age facilities had not been so provided and maintained. It 
shall be unlawful (1) for any person not entitled thereto un- 
der a contract as provided in section 7 or a judicial decree as 
provided in section 7-a wilfully to use for power or other pur- 
poses any stored water, or (2) for any person wilfully to in- 
terfere with the flow of any stored water except so far as 
necessary in making a reasonable use of the same under such 
a contract or decree or a reasonable use of the natural flow in 
the exercise of his rights as a riparian or littoral proprietor; 
and any person, firm or corporation guilty of such unlawful 
use of or interference with the flow of stored water shall, upon 
conviction thereof, be fined not exceeding five hundred dollars, 
and each and every day of such unlawful use or interference 
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; but no criminal prosecution or proceeding for in- 
junction with respect to the use of stored water shall be in- 
stituted or prosecuted under this section against a user who is 
a party to a petition under section 7-a during the pendency of 
such petition. 

8. Removal. Amend said chapter 121 of the Laws of 1935 



1937] Chapter 118 167 

by inserting after section 4 the following new section: 4-a. 
Removal. The governor and council may at any time remove 
any director for inefficiency, neglect of duty or malfeasance in 
office; but no director shall be removed without a hearing, 
after notice in writing of the charges against him. 

9. Governor and Council, Approval of Contracts. Amend 
said chapter 121 of the Laws of 1935 by inserting after sec- 
tion 6 the following new section: 6-a. Governor and Coun- 
cil, Approval of Contracts. All contracts entered into by the 
board for the construction of a project or for the use of stored 
water shall be subject to the approval of the governor and 
council. 

10. Water Regulating Committees, Duties. Amend sec- 
tion 11 of chapter 121 of the Laws of 1935 by striking out the 
whole thereof and by substituting therefor the following: 
11. Water Regulating Committees. Said board shall appoint 
a committee or committees of such number as it may de- 
termine to regulate and direct the storage and release of water 
from each reservoir in such manner and at such times as shall 
be most beneficial for regulating the flow of rivers and 
streams to lessen damages resulting from floods or for supply- 
ing water to any political subdivision of the state for public 
or domestic use (provided that any such subdivision shall be 
required to pay to said board a fair and reasonable compensa- 
tion as determined by said board for water so supphed) and 
subject thereto in accordance with the provisions of contracts 
entered into pursuant to section 7 hereof. The committee 
shall not interfere with or obstruct the flow of stored water 
released from any present or future water storage or con- 
servation reservoir located upstream from said project. The 
members of such committees shall continue as such during the 
pleasure of the board, which shall promptly make new appoint- 
ments whenever a vacancy occurs from any cause. 

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

[Approved June 9, 1937.] 



168 Chapters 119, 120 [1937 

CHAPTER 119. 

AN ACT RELATING TO THE POWER OF COUNTIES AND TOWNS TO 
INSURE THEIR PROPERTY. 



Section 
3. Takes effect. 



Section 

1. Authority of counties. 

2. Town appropriations. 

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

1. Authority of Counties. Amend chapter 35 of the Pub- 
lic Laws by adding after section 2 thereof the following new 
section : 2-a. Insurance. Every county shall have power to 
insure its property against loss by fire or other casualty in any 
company authorized to transact its business within this state. 

2. Town Appropriations. Amend section 4 of chapter 42 
of the Public Laws by adding after paragraph XXVII thereof 
the following new paragraph : XXVIIL Insurance. To pur- 
chase insurance necessary to protect the property of the town 
against loss by fire or other casualty in any company licensed 
to do business in this state. 

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

[Approved June 9, 1937.] 



CHAPTER 120. 



AN ACT PROVIDING FOR REGULATION OF EQUIPMENT AND OPERA- 
TION OF BOATS ON PUBLIC WATERS. 



Section 
2. Takes effect. 



Section 
1. Regulation of boats by public 
service commission. 

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

1. Public Service Commission. Amend section 11 of chap- 
ter 151 of the Public Laws by striking out the same and in- 
serting in place thereof the following: 11. Regulation of 
Boats. In the interest of public safety the public service com- 
mission may from time to time make rules and regulations 
relative to equipment and operation of all boats, including as 
such rafts and floats, of whatever kind, type or character 



1937] Chapter 121 169 

operated or used on any public waters in this state. Such 
rules and regulations shall be binding- on the persons owning, 
leasing or operating such boats, rafts and floats. 

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

[Approved June 9, 1937.] 



CHAPTER 121. 

AN ACT IN RELATION TO THE OPERATION OF CERTAIN BOATS. 

Section I Section 

1. Operation of boats. | 2. Takes effect. 

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

1. Operation of Boats. Amend chapter 378 of the Public 
Laws by inserting after section 26 thereof the following new 
section: 26-a. Intoxication. It shall be unlawful for any 
person, while under the influence of intoxicating liquor or any 
narcotic or habit-producing drug, to operate upon any of the 
waters of this state any boat propelled by electric, naphtha, 
gasoline, steam or other mechanical power, or to operate such 
boat recklessly or so that the lives or safety of others may be 
endangered. Any person convicted of a violation of the fore- 
going prohibition shall not operate any boat as defined above 
upon the waters of this state for a period of one year from the 
•date of such conviction. A person convicted of any violation 
of this section shall be fined not more than one hundred 
dollars, or imprisoned not more than six months or both. 

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

[Approved June 9, 1937.] 



170 Chapter 122 [1937 

CHAPTER 122. 

AN ACT RELATING TO BRIDGES ON THE SECONDARY SYSTEM OF 

HIGHWAYS. 



Section 
3. Takes effect. 



Section 

1. Bridges. 

2. Secondary system of highways. 

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

1. Bridges. Amend the first paragraph of section 2 of 
chapter 85 of the Public Laws, as amended by chapter 
131 of the Laws of 1929, chapter 67 of the Laws 
of 1931 and section 3, chapter 26 of the Laws of 1935, 
by striking out the words "state-aided highway" and 
substituting therefor the words, highway on the second- 
ary system of highways as estabhshed by chapter 67 of the 
Laws of 1937,* so that the said paragraph as amended shall 
read as follows: When public convenience and necessity re- 
quire the building or rebuilding of any bridge on any highway 
on the secondary system of highways as established by chap- 
ter 67 of the Laws of 1937, the cost thereof shall be borne as 
follows : 

2. Secondary System of Highways. Amend section 13 of 
chapter 85 of the Public Laws as amended by section 5, chap- 
ter 26, Laws of 1935, by striking out the entire section and 
substituting therefor the following: 13. Maintenance. All 
bridges within any city, town, or place improved by the ex- 
penditure of said joint fund shall thereafter be maintained by 
the state or by the city, town, or place within which they are 
located in accordance with the designation as to maintenance 
as shown upon a map filed in the office of the secretary of state 
and designated, "Secondary State Highway System 1937," and 
to the satisfaction of the highway commissioner. In case any 
city, town or place whose duty it is to make repairs as 
designated by said map shall neglect to make such repairs as 
may be ordered by the commissioner, such repairs 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. 



* Chapter 67, ante. 



1937] Chapter 123 171 

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

[Approved June 9, 1937.] 



CHAPTER 123. 



AN ACT IN RELATION TO THE POWERS AND DUTIES OF THE PUBLIC 
SERVICE COMMISSION IN REGARD TO RAILROAD CROSSINGS. 



Section 
2. Takes effect. 



Section 
L Reconstruction of railroad 
crossings. 

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

1. Railroad Crossings. Amend chapter 249 of the Public 
Laws by inserting after section 1 thereof the following new 
sections : 

1-a. Reconstruction. The public service commission, upon 
petition of the proprietors of a railroad, or the state highway 
commissioner, whenever it finds after notice and hearing that 
the reconstruction of any overhead highway bridge or under- 
pass located on any state highway, trunk line or state-aided 
highway, is necessary because of the increase in motor 
vehicular traffic or in the weight or speed of such traffic, may 
order such proprietors to rebuild at greater width or load 
capacity any such overhead highway bridge, or to widen the 
opening of any such highway underpass, and may apportion 
the cost of such reconstruction between the railroad, and the 
state in accordance with the relative benefit to be derived by 
each therefrom. 

1-b. Cities and Towns. The public service commission, up- 
on petition of the proprietors of a railroad and the selectmen 
of a town jointly, or the proprietors of a railroad and the 
mayor and council of a city jointly, whenever it finds after 
notice and hearing that the reconstruction of any overhead 
highway bridge or underpass located on any highway other 
than those specified in section 1-a, located within such town or 
city, is necessary because of the increase in motor vehicular 
traffic or in the weight or speed of such traffic, may order such 
proprietors to rebuild at greater width or load capacity any 
such overhead highway bridge, or to widen the opening of any 



172 



Chapter 124 



[1937 



such highway underpass, and may apportion the cost of such 
reconstruction between the railroad, and the town or city in 
accordance with the relative benefit to be derived by each 
therefrom. 

1-c. Apportionment. In making the apportionment pro- 
vided in sections 1-a and 1-b hereof said commission shall give 
due consideration to whether the railroad or the highway was 
first constructed, to the nature and volume of highway traffic, 
to the number of trains operated by the railroad at the cross- 
ing, and all other relevant facts and circumstances. At any 
such hearing the commissioner of motor vehicles and the state 
highway commissioner shall sit and confer with the public 
service commission in an advisory capacity in the determina- 
tion of the necessity for the proposed reconstruction and the 
apportionment of the cost of the same. After such recon- 
struction the abutments and super-structure of the bridge or 
underpass shall be maintained by the railroad, but the public 
service commission may direct that the wearing surface of the 
highway at the crossing be maintained by the state under 
section 1-a hereof, or by the town or city, if said town or city 
so elects, under section 1-b hereof, whenever it finds that 
justice so requires. 

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

[Approved June 10, 1937.] 



CHAPTER 124. 



AN ACT RELATIVE TO THE IMPROVEMENT OF THE APPROACHES 

TO THE GENERAL JOHN SULLIVAN AND 

ALEXANDER SCAMMELL BRIDGES. 



Section 


Section 


I. Acquisition authorized. 


6. Accounts ; sale ; proceeds of 


2. Eminent domain proceedings. 


sale. 


3. Administration. 


7. Short-term notes. 


4. Appropriation. 


8. Takes effect. 


5. Bonds authorized. 





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, 



1937] Chapter 124 173 

either by purchase or by eminent domain proceedings, real 
estate adjacent to the approaches of the General John Sullivan 
Memorial and the Alexander Scammell bridges necessary or 
suitable for park and recreational areas, as shown on plans 
filed in the office of the secretary of state entitled (1) Plan 
showing park areas at approaches to General John Sullivan 
bridge, and (2) Plan showing park area at westerly end of 
Alexander Scammell bridge, said land being situated in the city 
of Dover and the towns of Newington, Madbury and Durham. 

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 sec- 
tions 18 to 28 of chapter 19 of the Public Laws. 

3. Administration. The said park and recreational areas 
when acquired and estabUshed shall be administered by the 
New Hampshire toll bridge commission created by chapter 64, 
Laws of 1933. The commission is hereby authorized and em- 
powered to operate and maintain such parks and recreational 
areas as may be established and to make such reasonable 
charges for their use as in its discretion may be necessary. 

4. Appropriation. There is hereby appropriated a sum not 
exceeding forty thousand dollars ($40,000) for the purpose of 
acquiring and establishing said park and recreational areas 
and in addition the revenues accruing from the park and rec- 
reational areas shall be available for the use of the commission 
in maintaining and administering the areas. Any net income 
accruing from the operation of the areas shall be used for the 
payment of the principal or interest upon the bonds herein- 
after authorized. It is the intent and purpose of this act that 
the cost of establishing and maintaining the said park and 
recreational areas shall be paid exclusively from the proceeds 
of the bonds hereby authorized, from tolls accruing from the 
operation of the said bridges and from charges for the use of 
the said areas. 

.5. Bonds Authorized. The state treasurer is hereby auth- 
orized, under direction of the governor and council, to borrow 
upon the credit of the state not exceeding forty thousand dol- 
lars ($40,000) for the purpose of carrying into effect the pro- 
visions of this act and for that purpose may issue bonds and 
notes in the name and on behalf of the state of New Hamp- 



174 Chapter 124 [1937 

shire at a rate of interest to be determined by the governor 
and council. The maturity dates of such bonds shall be de- 
termined by the governor and council, but in no case shall they 
be later than twenty years from the date of issue and all bonds 
shall be callable at any time after twelve years. Such bonds 
and notes shall contain an express guarantee which shall be 
deemed a contract on the part of the state, that toll will be col- 
lected for the use of the said General John Sullivan and Alex- 
ander Scammell bridges, in accordance with the provisions of 
chapter 64, Laws of 1933, until the date of maturity of said 
bonds and notes or until sufficient money shall have accumu- 
lated to pay said notes and bonds and the interest thereon at 
the dates of maturity. Such bonds and notes shall be in such 
form and such denominations as the governor and council shall 
determine, may be registerable as to both principal and inter- 
est, shall be countersigned by the governor and shall be 
deemed a pledge of the faith and credit of the state. None of 
the tolls from the operation of the said bridges shall be avail- 
able for the payment of the principal and interest on the bonds 
hereby authorized until after all the bonds issued previous to 
the date of this act in accordance with chapter 64, Laws of 
1933, have been paid. When such previously issued bonds have 
been paid, then the tolls from the operation of the bridges shall 
be applied to the payment of the principal and interest on the 
bonds hereby authorized. In the event that the net income 
from the operation of the park and recreational areas shall not 
be sufficient to pay the interest on the bonds hereby auth- 
orized, such interest shall be paid from the highway funds, but 
when all the bonds issued pursuant to Laws of 1933, chapter 
64, prior to the passage of this act have been retired, the high- 
way fund shall be reimbursed the amount of interest paid by 
it in accordance with the provisions of this act. 

6. Accounts; Sale; Proceeds of Sale. The secretary of 
state shall keep an account of all such bonds and notes coun- 
tersigned by the governor, showing the number and amount of 
each bond and note, the time of countersigning, the date of de- 
livery to the treasurer and the date of maturity. The state 
treasurer shall keep an account of each bond and note, show- 
ing 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. The treasurer may negotiate and sell such 



1937] Chapter 125 175 

bonds and notes by direction of the governor and council in 
such manner as they may determine most advantageous to the 
state. The proceeds of the sale of such bonds and notes shall 
be held by the treasurer and paid out by him upon warrants 
drawn by the governor for the purposes of this act alone and 
the governor, with the advice and consent of the council, shall 
draw his warrants for the payment from the funds provided 
for by this act of all sums expended or due for the purposes 
herein authorized. 

7. Short-Term Notes. Prior to the issuance of bonds here- 
under the treasurer, under the direction of the governor and 
council, may for the purposes hereof borrow money from time 
to time on short-terai loans to be refunded by the issuance of 
the bonds hereunder. 

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

[Approved June 10, 1937.] 



CHAPTER 125. 

A.N ACT RELATIVE TO SPEED REGULATIONS FOR THE OPERATION 
OF MOTOR VEHICLES. 



Section 

1. Operation of motor vehicles. 

2. Speed limit. 



Section 

3. Repeal. 

4. Takes effect. 



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

1. Operation of Motor Vehicles. Amend section 17 of 
chapter 103 of the Public Laws, as amended by chapter 76 of 
the Laws of 1927, by striking out said section and inserting in 
place thereof the following: 17. Prohibition. No person 
shall operate any motor vehicle upon any public highway of 
this state at any rate of speed greater than is reasonable, hav- 
ing regard to the width, traffic and use of such highway, inter- 
section of other highways and weather conditions or so as to 
endanger the property or life or limb of any person. The com- 
missioner of motor vehicles may determine a speed limit which 
is reasonable and safe on any public highway or bridge and 
may erect, or cause to be erected, signs indicating such speed 
limit. 



176 Chapter 125 [1937 

2. Speed Limit. Amend said chapter 103 by inserting 
after section 17 as hereinbefore amended the following new 
sections : 

17-a^ Evidence. Any speed in excess of such limit shall be 
prima facie evidence that such speed is not reasonable and 
safe but the fact that the speed of a vehicle is lower than 
such limit shall not relieve the operator from the duty to de- 
crease speed when a special hazard shall exist with respect to 
pedestrians or other traffic or by reason of weather or high- 
way conditions and speed shall be decreased as may be neces- 
sary to avoid collision with any person, vehicle or other con- 
veyance on or entering the highway in compliance with legal 
requirements of all persons to use due care. It shall be 'prima 
facie lawful for the driver of any vehicle to drive the same at a 
speed not exceeding the following but in any case when such 
speed is found to be unsafe it shall not be lawful : 

I. Fifteen miles per hour when passing a school during 
school recess or while childi'en are going to or leaving school 
during opening or closing hours. 

II. Twenty miles per hour in any business district. 

III. Twenty-five miles per hour in any residence district. 
17-b. Minimum Speed Regulation. No person shall drive 

a motor vehicle at such a slow speed as to impede or block the 
normal and reasonable movement of traffic except when re- 
duced speed is necessary for safe operation or in compliance 
with law. 

17-c. Enforcement. Police officers are hereby authorized 
to enforce the provisions of the preceding section by directions 
to drivers, and in the event of apparent wilful disobedience of 
this provision and refusal to comply with direction of an officer 
in accordance therewith the continued slow operation by a 
driver shall be a misdemeanor. 

17-d. Exceptions. The privfia facie speed limitations set 
forth in section 17-a shall not apply to authorized emergency 
vehicles when responding to emergency calls and when the 
drivers thereof sound audible signals by bell, siren, or exhaust 
whistle. This exception shall not relieve the driver of an au- 
thorized emergency vehicle from the duty to drive with due re- 
gard for the safety of all persons using the street, nor shall it 
protect the driver of any such vehicle from the consequences 
of a reckless disregard of the safety of others. 



1937] Chapter 126 177 

3. Repeal. Section 18 of said chapter 103, as amended by- 
chapter 76 of the Laws of 1927, relating to evidence of unlaw- 
ful speed, is hereby repealed. 

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

[Approved June 10, 1937.] 



CHAPTER 126. 

AN ACT RELATIVE TO TEMPORARY NUMBER PLATES FOR MOTOR 

CYCLES. 



Section 
2. Takes effect. 



Section 

I. Temporary number plates for 
motor cycles. 

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

1. Motor Cycles. Amend chapter 100 of the Public Laws 
by inserting after section 60, as inserted by section 4, chapter 
73, Laws of 1935, the following new sections: 61. Tempo- 
rary Number Plates. A manufacturer or dealer in motor 
cycles shall, upon the sale or exchange of a motor cycle, attach 
to such motor cycle a set of temporary plates, and the pur- 
chaser of such motor cycle may operate the same for a period 
not to exceed five consecutive days thereafter without pay- 
ment of a registration fee. 62. Notice. A manufacturer or 
dealer of motor cycles shall, upon attaching a set of tempo- 
rary number plates to a motor cycle sold or exchanged by him, 
immediately notify the commissioner of said sale or exchange, 
giving the name and address of the purchaser, the number on 
the temporary plate, and such further information as the com- 
missioner may require. 63. Plates. The commissioner shall 
furnish to a manufacturer or dealer in motor cycles such num- 
ber of temporary number plates as he may require. Such 
temporary number plates shall be of such material and color 
as the commissioner may determine. 64. Fee. The fee to be 
paid to the commissioner by the manufacturer or dealer in 
motor cycles for each set of temporary number plates shall be 
twenty cents. 

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

[Approved June 10, 1937.] 



178 Chapters 127, 128 [1937 

CHAPTER 127. 

AN ACT RELATING TO SENDING OF PRESIDENTIAL CHECK-LISTS TO 
THE STATE LIBRARY. 

Section I Section 

1. Presidential elections. | 2. Takes eflfect. 

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

1. Presidential Elections. Amend section 28 of chapter 10 
of the PubHc Laws by striking out said section and inserting 
in place thereof the following: 28. Check-lists. Super- 
visors of towns and. corresponding officers of cities shall, with- 
in seventy-two hours of the closing of the polls for each presi- 
dential election hereafter, send to the state library one of the 
check-lists used in said election, certified by said officers. 

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

[Approved June 10, 1937.] 



CHAPTER 128. 
AN ACT RELATING TO INCORPORA.TION OF INSURANCE COMPANIES. 

Section I Section 

1. Insurance companies, powers. | 2. Takes effect. 

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

1. Insurance Companies. Amend paragraph I of section 1 
of chapter 272 of the Public Laws, as amended by chapter 135 
of the Laws of 1931, by inserting after the word ''bombard- 
ment" in the fifth line the words, impact by aircraft or vehicles, 
so that said paragraph as amended shall read as follows : L On 
property and rents and use and occupancy, against loss or dam- 
age by fire, smoke, smoke smudge, lightning, earthquake, hail, 
windstorm or other action of the elements; explosion (other 
than the explosion of steam boilers or flywheels) ; riot, strike 
or civil commotion; bombardment; impact by aircraft or 
vehicles; breakage or leakage of apparatus erected for ex- 
tinguishing fires and on such apparatus against loss or damage 
by accidental injury and against Hability of the insured for 
loss or damage to property caused thereby. 



1937] Chapter 129 179 

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

[Approved June 10, 1937.] 



CHAPTER 129. 



AN ACT RELATIVE TO EXCEPTIONS TO THE LAW REGARDING ONE 
DAY REST IN SE\T]N. 

Section I Section 

L One day rest in seven. 1 2. Takes effect. 

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

1. One Day Rest in Seven. Amend section 47 of chapter 
176 of the PubHc Laws, as inserted by chapter 130 of the 
Laws of 1933, by adding at the end of paragraph III the words, 
or periodicals with definite on-sale news-stand dates, so that 
said section as amended shall read as follows: 

47. Exceptions. Sections 44 and 45 shall not apply to the 
following employees: 

I. Janitors, watchmen, firemen employed at stationary 
plants, or caretakers. 

IL Employees whose duties on Sunday include only set- 
ting sponges in bakeries ; caring for live animals or caring for 
machinery and plant equipment. 

III. Employees engaged in the preparation, printing, pub- 
lication, sale or delivery of newspapers, or periodicals with 
definite on-sale news-stand dates. 

IV. Employees engaged in farm or personal service. 

V. Employees engaged in any labor called for by an 
emergency which could not reasonably have been anticipated. 

VI. Employees engaged in any work connected with the 
theatre or motion picture houses. 

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

[Approved June 10, 1937.] 



180 



Chapter 130 



[1937 



Section 


Sec 


1. Declaration of purpose. 


8. 


2. Aerial tramway. 


9. 


3. Compensation of commission. 


10. 


4. Powers. 


11. 


5. Plans to be submitted and ap- 


12. 


proved. 


13. 


6. Control of public lands. 


14. 


7. Appropriation. 





CHAPTER 130. 

AN ACT TO PROVIDE FOR THE CONSTRUCTION AND OPERATION OF 

AN AERIAL TRAMWAY ON CANNON MOUNTAIN IN THE 

FRANCONIA NOTCH. 



Bonds or notes authorized. 

Short-term notes. 

Revenue. 

Separability clause. 

Repeal. 

Application of law. 

Takes effect. 



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

1. Declaration of Purpose. It is hereby declared that the 
purposes of this act are to develop, promote and enhance the 
recreational resources of the state and further the public in- 
terest thereby. 

2. 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, herein- 
after called the commission, composed of the comptroller ex- 
offlcio and four members to be appointed by the governor 
with the advice and consent of the council, one of whom shall 
be designated by the governor as chairman. 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 each shall continue in office un- 
til his successor has been appointed and qualified, subject to 
removal for cause by the governor and council. Thereafter 
each year beginning in the year 1938, one member of said com- 
mission 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 majority of the commission shall 
constitute a quorum. 



1937] Chapter 130 181 

3. Compensation. The members of said commission shall 
be paid eight dollars a day, each, for such time as they are 
actually engaged in the service of the state and their actual 
expenses. 

4. Powers. The commission shall have power (1) to con- 
struct, maintain, reconstruct and operate an aerial tramway on 
Cannon Mountain in the Franconia Notch; (2) to acquire, 
hold, and dispose of personal property for the purposes here- 
of; (3) to acquire in the name of the state, by purchase, con- 
demnation, lease or otherwise, real property and rights or 
easement therein, deemed by it necessary or desirable for the 
purposes hereof, and to use such property; (4) to acquire any 
such real property by the exercise of the power of condemna- 
tion in the manner provided in sections 18 to 28 of chapter 19 
of the Public Laws; (5) to charge and collect fees, fares and 
tolls for carriage and other services made available in connec- 
tion with the tramway; (6) to make contracts on behalf of the 
state, with the United States, other states, public corporations 
or bodies existing therein, and private corporations and in- 
dividuals ; (7) to accept grants, permits and co-operation from 
the United States or any agency thereof in the construction, 
maintenance, reconstruction, operation, and financing of the 
tramway and/or its appurtenances and to do any and all things 
necessary in order to avail itself of such aid and co-operation ; 
(8) to employ such assistants, agents and servants as it shall 
deem necessary or desirable for its purposes; (9) 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; and (10) to do all things necessary or in- 
cidental to the foregoing powers, 

5. Plans to be Submitted and Approved. Said tramway and 
its termini and other appurtenances shall be designed, con- 
structed and located in such manner that the same shall cause 
no damage to the Old Man of the Mountain and the immediate 
surroundings thereof and shall cause no substantial damage 
to the general scenic values in Franconia Notch and shall occa- 
sion no unnecessary destruction of forest growth in said area. 
Plans and specifications for the location and construction of 
such tramway, termini and appurtenances shall be submitted 
to the forestry and recreation commission and the governor 
and council and approved by them as complying with the pro- 



182 Chapter 130 [1937 

visions of this section, before construction thereof shall be 
commenced. No changes shall be made in such plans and 
specifications so approved until such changes have been like- 
wise submitted to the forestry and recreation commission and 
the governor and council and so approved by them. Nothing 
herein shall be construed to restrict in any way the authority 
of the tramway commission in the management, operation and 
control of the tramway, nor to limit the right of the tramway 
commission to enter into contracts for construction or for 
other purposes. 

6. Control of Public Lands. To the extent that it may be 
necessary to carry out the provisions of this act, the commis- 
sion 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 therein, 
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. Appropriation. A sum not exceeding $250,000 is here- 
by raised, as hereinafter provided, and appropriated for the 
purposes aforementioned. 

8. Bonds or Notes Authorized. The state treasurer is here- 
by authorized, under the direction of the governor and council, 
to borrow upon the credit of the state, not exceeding two 
hundred and fifty thousand dollars ($250,000) for the purpose 
of carrying into effect the provisions of this act and for that 
purpose may issue bonds or notes in the name and on behalf 
of the state of New Hampshire at a rate of interest to be de- 
termined by the governor and council. The maturity dates of 
such bonds or notes shall be determined by the governor and 
council but in no case shall they be later than twenty years 
from the date of issue. Such bonds or notes may be renewed 
from time to time by the issuance of other such bonds or 
notes in the same manner but the maturity dates of such re- 
newed bonds or notes shall not be later than twenty years 
from the date of the issue of the original bond or note re- 
newed thereby. All such bonds or notes shall contain an ex- 
press guarantee which shall be deemed a contract on the part 
of the state that fees, fares and tolls will be collected in ac- 
cordance with the provisions hereof until the date of maturity 



1937] Chapter 130 183 

of said bonds or notes, or the renewals thereof, or until suf- 
ficient money shall have accumulated to pay said notes or 
bonds and the interest thereon at the dates of maturity, shall 
be in such form and such denominations as the governor and 
council shall determine, may be registerable as to both prin- 
cipal and interest, shall be countersigned by the governor and 
shall be deemed a pledge of the faith and credit of the state. 
The secretary of state shall keep an account of all such bonds 
or notes countersigned by the governor, showing the number 
and amount of each bond or 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. The treasurer may negotiate and 
sell such bonds or notes by direction of the governor and coun- 
cil in such manner as they may determine most advantageous 
to the state. The proceeds of the sale of such bonds or notes 
shall be held by the treasurer and paid out by him upon war- 
rants drawn by the governor for the purposes of this act alone 
and the governor, with the advice and consent of the council, 
shall draw his warrants for the payment from the funds pro- 
vided for herein of all sums expended or due for the purposes 
herein authorized, 

9. Short-Term Notes. Prior to the issuance of bonds or 
notes hereunder the treasurer, under the direction of the gov- 
ernor and council, shall for the purposes hereof borrow money 
from time to time on short-term loans to be refunded by the 
issuance of the bonds or notes hereunder, 

10. Revenue. There shall be collected for carriage upon 
the tramway provided for herein and for other services made 
available therewith such fares, tolls and charges as the com- 
mission shall deem reasonable. Such sums as are so collected 
shall be deposited with the state treasurer who shall keep the 
same in a separate account and the operating expenses and 
upkeep of said tramway and services shall be paid from said 
account. From the balance of said account remaining after 
the payment of the operating expenses and upkeep the gover- 
nor, with the approval of the council, shall pay the interest and 
principal of the bonds or notes issued hereunder. During the 
construction of the tramway the governor may, if necessary, 



184 Chapter 131 [1937 

draw his warrant upon the general fund to pay the interest 
due upon any bonds or notes that have been issued in accord- 
ance with the provisions hereof, but reimbursement for such 
payments shall be made to the general fund from revenue in 
the special fund herein created. When the principal and in- 
terest of all notes and bonds authorized hereunder have been 
paid or sufficient money has accumulated in said special fund 
to pay the same the balance of the special fund herein provided, 
after the payment of charges as herein authorized, shall be 
paid at such times as the governor and council shall direct into 
the general funds of the state. 

11. Separability Clause. If any provision 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 af- 
fected thereby. 

12. Repeal. Chapter 108 of the Laws of 1935, as amended 
by chapter 132 of the Laws of 1935, and all acts or parts of 
acts inconsistent herewith are hereby repealed. 

13. Application of Law. So far as the provisions of this 
act are inconsistent with the provisions of chapter 101 of the 
Laws of 1925, relative to the use and management of state 
lands in Franconia Notch acquired under the provisions 
thereof, the provisions of this act shall control. 

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

[Approved June 17, 1937.] 



CHAPTER 131. 

AN ACT RELATING TO PERMITS FOR ENTRIES TO PRIVATE 

CEMETERIES. 



Section 

2. Private graveyard. 

3. Takes effect. 



Section 

1. Temporary right of way to 
private graveyard enclos- 
ures. 

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

1. Temporary Right of Way to Private Graveyard En- 
closures. Any person wishing to have a temporary right of 
entry over private land in order to enter a private graveyard 



1937] Chapter 132 185 

enclosure to which there is no public right of way may apply 
in writing to the selectmen of a town or the mayor of a city 
stating the reason for such request and the period of time for 
which such right is to be exercised. Said applicant shall also 
notify in writing the owner or occupier of the land over which 
the right of way is desired. The selectmen or mayor may, in 
their or his discretion, issue a permit for such temporary right 
of entry designating the particular place where said land may 
be crossed. The owner or occupier of said land may recommend 
said place of crossing which, if reasonable, shall be the place 
so designated by the selectmen or mayor. 

2. Private Graveyard. Amend section 19 of chapter 380 
of the Public Laws by striking out said section and inserting 
in place thereof the following: 19. Trespassing Stock. If 
any stock, through the fault or negligence of the owner, is 
found trespassing upon any public burial place or upon any 
private graveyard protected by fencing, the owner shall be 
fined not more than twenty dollars, for the use of the town in 
which such place is situated. 

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

[Approved June 17, 1937.] 



CHAPTER 132. 

AN ACT RELATING TO TAKING OF RACCOON. 

Section | Section 

1. Taking raccoons. | 2. Takes effect. 

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

1. Open Season. Amend section 3, chapter 200 of the 
Public Laws, as amended by section 4, chapter 124 of the Laws 
of 1935, by striking out the whole of said section and inserting 
in place thereof the following : 3. Raccoons. Raccoons may 
be taken and possessed with the aid or by the use of a dog and 
gun in Grafton County from October fifteenth to December 
first and in all the other counties of the state from October 
first to December first, and by the use of traps from Novem- 
ber first to December first. No person shall take more than 
three raccoons from twelve noon of one day to twelve noon of 



186 



Chapter 133 



[1937 



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. 

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

[Approved June 17, 1937.] 



CHAPTER 133. 



AN ACT TO ESTABLISH A WATER CONTROL COMMISSION. 



Section 

Water Control Commission 

1. Number; term. 

2. Definitions. 

3. Chairman. 

4. Removal. 

5. Compensation. 

6. Disqualification. 

7. Special commissioner. 

8. , compensation. 

9. Expenditures. 

10. Clerks. 

11. Seal. 

12. Quorum. 

13. Request of party. 

14. Duties. 

Erection and Inspection of 
Dams 

15. Building dams. 

16. Plans required. 

17. Penalty. 

18. Supervision. 

19. Order. 

20. Inspecting dams. 

21. Orders. 

22. Appeals. 

23. Penalty. 

24. Injunctions. 

25. Expenses. 

26. Collection. 

27. Disposal. 

Flowage 

28. Right granted. 

29. Conflicting claims. 

30. Highways. 

Proceedings Before the Water 
Control Commission 

31. Petition before flowing. 

32. Notice. 



Section 

33. Hearing ; order. 

34. Effect of finding. 

Proceedings in Court 

35. Petition for assessment. 

36. Contents. 

37. Reference. 

38. Hearing; report. 

39. Order. 

40. Jury trial. 

41. Costs. 

42. Damage to other land. 

43. Petition before flowing. 

44. Security for damages. 

Limitation of Hydro-electric 
Charters 

45. Termination of rights. 

46. Forfeiture. 

Lake Levels Investigation 

47. Levels of inland waters. 

48. Report to governor and coun- 

cil. 

49. Procedure when use unlawful. 

50. Gifts or grants to the state. 

License to Fi-ow Public 
Lands 

51. License. 

52. Deeds. 

Dams in Disrepair; Acqui- 

TION by iMUNIClPALITY 

53. Duty of owner. 

54. Towns and cities may petition. 

55. Commission to act. 

56. Inspection. 

57. Findings of disrepair. 

58. Town may take dam. 

59. Voters to authorize taking. 

60. Special town meetings. 



1937] 



Chapter 133 



187 



Section 

81. Notice to commission. 

82. Other notice. 

83. Fees for copies. 

84. Argument. 

85. Burden of proof. 

86. Additional evidence. 

87. Taking. 

88. Stay of proceedings. 

89. Action of commission. 

90. Subsequent proceedings. 

91. Evidence, how considered. 

92. Judgment. 

93. Suspension of order. 

94. Remedy exclusive. 

95. Constitutionality. 

96. Interstate commerce. 

97. Records of public service com- 

mission. 

98. Repeal. 

99. Amendment. 

100. Appropriation. 

101. Towns may acquire dams. 

102. Takes effect. 



Section 

61. Petition for taking. 

62. Notice. 

63. Hearing and findings. 

64. Appeal on damages. 

65. Costs. 

66. Guardian ad litem. 

67. Guardian's fees. 

68. Town to pay judgment. 

69. Employment of assistants. 

70. Access to dam. 

Administration, Procedure, 
Appeals 

71. Question of law. 

72. Rules and regulations. 

73. Penalties. 

74. Conferences authorized. 

75. Motion for rehearing. 

76. Specifications. 

77. Action on motion. 

78. Appeal. 

79. Petition. 

80. Parties. 

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

Water Control Commission 

1. Number; Term. There shall be a water control com- 
mission consisting of five commissioners who shall be the five 
directors of the New Hampshire water resources board. The 
terms of the commissioners shall be the same as their respec- 
tive terms as members of the board of directors of said board. 

2. Definitions. Words and phrases used in this chapter 
shall mean and be construed as follows, except where a differ- 
ent meanins: is clearly intended from the context : 

I. "Commission," the water control commission. 

II. "Person," includes copartnership, association, cor- 
poration or municipal corporation. 

III. "Dam," a structure in or across a lake, pond, river or 
stream designed or intended to impound all or a part of the 
waters thereof. 

IV. "Dam in Disrepair," a dam which is a menace to pub- 
lic safety, or incapable of safely impounding flood waters to its 
crest, or incapable of maintaining a reasonably constant level 
of waters impounded, or one which does not contain adequate 
gates and sluiceways to provide for the holding or controlled 
discharge of waters impounded. 



188 Chapter 133 [1937 

V. "Mills," shall include both manufacturing plants and 
plants at which electric power is generated for public distribu- 
tion or for the operation of mills, railroads or public utilities. 

3. Chairman. The chairman of the water resources board 
shall be the chairman of the commission. 

4. Removal. The governor and council may at any time 
remove any commissioner for inefficiency, neglect of duty or 
malfeasance in office; but no commissioner shall be removed 
without a hearing after notice in writing of the charges 
against him. Any commissioner so removed shall thereupon 
cease to be a director of the New Hampshire water resources 
board. 

5. Compensation. All the commissioners, except the chair- 
man, shall serve without salary but they may receive such 
compensation as may be fixed by the governor and council, 
with reasonable expenses incurred in the performance of their 
duties. The chairman shall receive such salary as may be 
fixed by the governor and council. 

6. Disqualification. No commissioner shall sit upon the 
hearing of any question which the commission is to decide in a 
judicial capacity who would be disqualified for any cause, ex- 
cept knowledge of the facts involved gained in the perform- 
ance of his official duties, to act as a juror upon the trial of the 
same matter in an action at law. 

7. Special Commissioner. If a commissioner shall be dis- 
qualified or unable to act in any particular case pending before 
the commission, the governor, upon application of the commis- 
sion, shall, with the consent of the council, appoint a special 
commissioner to act in his place upon said case. 

8. , Compensation. The special commissioner so 

appointed shall be paid a reasonable compensation per day for 
his services, and his necessary expenses, to be allowed by the 
governor and council and paid from the state treasury. 

9. Expenditures. In the exercise of the authority and per- 
formance of the duties herein prescribed, the commission may 
expend for engineers, experts, inspectors or assistants, or 
otherwise, such sums as may be appropriated for its use by 
the legislature, and, with the authority of the governor and 
council, such further sums as may in any emergency be neces- 
sary, such further sums to be paid out of any money in the 
treasury not otherwise appropriated. 



1937] Chapter 133 189 

10. Clerks. The commission may employ a clerk and any 
record, order, certificate or other process, document or paper 
issued or made by the commission may be signed by the clerk 
or by any commissioner. 

11. Seal. The commission shall have an official seal in 
such form as it may prescribe, and all copies of official docu- 
ments and orders filed or deposited with or made by said com- 
mission, duly certified and authenticated by said seal, shall be 
received in evidence in any court, in like manner as originals. 

12. Quoiiim. A majority of the commission shall consti- 
tute a quorum to transact business, and any hearing or in- 
vestigation may be held or conducted by one or more commis- 
sioners; but no order, rule or regulation shall be made and 
promulgated except by the full commission or a majority 
thereof. 

13. Request of Party. No hearing or investigation shall 
be held or conducted by less than a majority of the commission 
if any party whose interests may be affected shall, five days 
before the date of hearing, file a request in writing that the 
same be held or conducted by the full commission, or a 
majority thereof. 

14. Duties. The commission is authorized to make such 
investigations as in its opinion the public good requires, with 
respect to high or low water levels in the inland public waters 
of the state, and the rights, instrumentalities and practices 
whereby such levels are affected or controlled, with a view to 
the exercise of such control thereof, in a manner consistent 
with public and private rights and interests, as will best pro- 
mote the public health and safety and the enjoyment and value 
of such public waters. In such cases as the commission may 
deem expedient it may ascertain the extent to which owners 
and managers of dams take into consideration variations of 
run-off and plan for and anticipate emergencies. Owners of 
dams at the reasonable request of the commission shall make 
available to the commission such records of water levels and 
flow of inland public waters as are made and kept by such 
owners to assist the commission in knowing the remaining 
storage capacity of reservoirs, whether created by dams or 
otherwise, and to gauge the flow of streams. From time to 
time the commission may call to conference owners of dams 
for the purpose of obtaining co-operation in the regulation of 



190 Chapter 133 [1937 

stream flow to minimize damage to public and private property 
at times of high water. Whenever in the opinion of the com- 
mission an emergency exists or is threatened whereby the 
pubhc health or safety may be jeopardized by the release or 
withholding of stored waters, it may recommend such action 
by the owner or manager of a dam with respect to the release 
or withholding of water as it may deem necessary in the public 
interest. 

Erection and Inspection of Dams 

15. Building Dams. No person shall begin the construc- 
tion or reconstruction of any dam until ten days after he has 
filed with the commission a statement of the height of the pro- 
posed dam and the location at which it is to be erected and 
such other information as the commission may require. 

16. , Plans Required. Within ten days after the 

receipt of the statement required under the preceding section, 
if the commission shall be of the opinion that the proposed 
dam, if improperly constructed, or reconstructed, would be a 
menace to the public safety, it shall so notify the owner or ap- 
plicant, and the construction or reconstruction of such dam 
shall not be commenced until plans and specifications therefor 
shall have been filed with and approved by the commission. 

17. , Penalty. Any person who violates the pro- 
visions of sections 15 or 16 hereof, or who aids or abets an- 
other therein, shall be fined not more than one hundred dollars. 

18. , Supervision. The commission may designate 

some competent inspector to inspect the construction or re- 
construction of any dam for which plans and specifications 
have been required under section 16 hereof and such inspector 
shall report to the commission any failure to comply with said 
plans and specifications. 

19. , Orders. The commission may order the owner 

or contractor, while constructing or reconstructing any such 
dam, to remedy any defects caused by failure to comply with 
the requirements of the plans and specifications or to do any- 
thing necessary to make said construction comply with said 
plans and specifications; and on failure to comply with any 
such order the commission may order all work of construction 
on such dam to cease. 



1937] Chapter 133 191 

20. Inspecting Dams. It shall be the duty of the commis- 
sion from time to time to cause all dams in the state which by 
reason of their condition, height or location may be a menace 
to the pubhc safety, to be inspected by competent engineers. 

21. , Orders. If such inspection shall indicate that 

the public safety requires the repairing or reconstruction of 
any such dam, the commission shall, after notice and hearing, 
order the owner thereof to make the requisite repairs or re- 
construction within a period to be fixed by the order. 

22. Appeals. All orders issued by the commission under 
the provisions of this subdivision shall be subject to the pro- 
visions for appeal herein provided for, but shall remain in 
force until modified or set aside on appeal. 

23. Penalty. Any person disobeying any order of the com- 
mission made under the authority of this subdivision, or aid- 
ing or abetting therein, shall be fined not more than one thou- 
sand dollars. 

24. Injunctions. On application of the commission, the 
superior court or any justice thereof may enjoin any act in 
violation of any lawful order of the commission. 

25. Expenses. The expense of examining plans or speci- 
fications and of inspecting the construction or reconstruction 
of a dam as authorized in this subdivision, including the 
salaries of the regular employes of the commission for the 
time actually devoted to work necessary to such examination 
or inspection, shall be paid to the commission by the owner of 
the dam in connection with which it is incurred. 

26. — , Collection. If any owner shall not promptly 

pay the expense of such inspection, when requested by the 
commission, it may be collected in an action brought by the 
attorney-general in the name of the state. 

27. , Disposal. All sums so received shall be paid 

to the state, and shall be added to the appropriation available 
for the use of the commission in the employment of experts. 

Flowage 

28. Right Granted. Any person or corporation authorized 
by its charter or articles of agreement so to do may erect and 
maintain on his or its land, or on land of another with the 
owner's consent, a dam upon or across any stream, or may in- 
crease by flashboards or permanently the height of any dam 



192 Chapter 133 [1937 

already so maintained by him or it, for the purpose of raising 
the water to work any mill or mills on such stream or on an- 
other stream to which the same is tributary, or for the pur- 
pose of creating a reservoir of water or raising the level of a 
public or other lake or pond to control, conserve or equalize the 
flow of such stream or streams for the benefit of any such mill 
or mills, upon obtaining authority so to do as hereinafter 
provided. 

29. Conflicting Claims. The provisions of this subdivision 
shall in no way affect any mill of other persons lawfully exist- 
ing on the same stream, or any mill site or mill privilege of 
other persons on which a mill dam has been lawfully erected and 
used, or the right of any owner of such mill, mill site or mill 
privilege, unless the right to maintain on such last mentioned 
site or privilege shall have been lost or defeated by abandon- 
ment or otherwise, and non-user of any mill site or mill privi- 
lege for a period of six years shall be prima facie evidence of 
abandonmejit ; nor shall they affect any flowage or other water 
rights heretofore acquired, or the right to maintain any dam 
heretofore constructed. 

30. Highways. Said provisions shall not affect the right 
of any town in any highway or bridge which the town may be 
liable to keep in repair ; nor shall they authorize any unreason- 
able interference with the use of any stream as a public high- 
way for floating logs or otherwise. 

Proceedings Before the Water Control Commission 

31. Petition Before Flowing. Any person proposing to 
erect a dam, or to increase by flashboards or permanently the 
height of any existing dam, for any of the purposes provided 
in section 28, shall file a petition with the commission, setting 
forth the location, height and description of the proposed dam 
or proposed increase in any existing dam. 

32. Notice. The commission shafl thereupon fix a time 
and place for hearing the petition, and shall issue an order of 
notice to all parties interested, which shall be published for 
three successive weeks in some newspaper in the county in 
which the dam is to be erected or is situated, the last publica- 
tion to be not less than fourteen days before the time fixed for 
hearing. Said order of notice shall be served on the attorney- 



1937] Chapter 133 193 

general, and such further notice, if any, shall be given as the 
commission may order. 

33. Hearing; Order. The commission shall, after hearing, 
determine whether it will be of public use and benefit to grant 
the rights asked for, and in determining whether it will be of 
public use and benefit, shall give due consideration to the effect 
upon scenic and recreational values and upon fish and wild life 
and upon the natural flow of the water in the stream below the 
dam and any hazards to navigation, fishing, bathing and other 
public uses. The commission shall, in all cases, investigate the 
question whether the cutting clean and removal of all timber 
and tree growth from all or any part of the flowage area is 
reasonably required in the public interests; and in such cases 
as it shall find that such cutting clean and removal of all 
timber and tree growth from all or any part of the flowage 
area are so required, it shall be a condition to the exercise of 
such rights that such cutting clean and removal of all timber 
and tree growth shall be done. The commission shall, in its 
order, embody all its findings. 

34. Effect of Finding. No other dam shall be erected to 
the injury of any proposed dam or any proposed increase in 
any existing dam, which in either case has been found to be 
for the public good by the commission in accordance with the 
provisions hereof, if the petitioner shall, within three years 
thereafter, or within such further time as the commission for 
good cause may grant, commence the construction thereof and 
thereafter prosecute said construction with reasonable 
diligence. 

Proceedings in Court 

35. Petition for Assessment. If the land of any person 
shall be overflowed, drained or otherwise injured by the use 
of any dam or addition thereto, and the damage shall not 
within thirty days after due notice thereof be satisfactorily 
adjusted by the party erecting or maintaining the dam or in- 
crease therein, either party may apply by petition to the su- 
perior court in the county or counties where such damage 
arises to have said damage that has been or may thereafter be 
done assessed. 

36. , Contents. The petition shall set out the title 

and description of the premises damaged, the right by reason 



194 Chapter 133 [1937 

whereof the grievance arises, the location of the dam and the 
extent of the damages that may be occasioned thereby. 

37. Reference. The court, after notice to all persons in- 
terested, shall, unless the parties agree upon the judgment that 
shall be rendered, refer the petition to a committee of three 
disinterested persons, to be appointed by the court, to de- 
termine in relation to the matters set forth therein. 

38. Heai'ing; Report. The committee shall give such notice 
to the parties as shall be ordered by the court, shall hear the 
parties, view the premises, estimate the damages and make 
report to the court at the next term thereof. 

39. Order. Upon return of the report any person inter- 
ested therein may object to its acceptance for any irregularity 
or improper conduct on the part of the committee, and the 
court may set it aside for cause. If the report shall be ac- 
cepted and estabHshed the court shall render judgment 
thereon. 

40. Jury Trial. Before reference of such petition to the 
committee, if either party shall so elect, the court shall direct 
an issue to the jury to try the facts alleged in the petition and 
to assess the damages, and judgment shall be rendered on the 
verdict of the jury. 

41. Costs. The court may award costs to either party at 
its discretion. 

42. Damage to Other Land. The committee or jury 
assessing the damage shall take into consideration any damage 
done to other land of the party flowed, as well as the dam- 
age occasioned to the land actually occupied. 

43. Petition Before Flowing. Any person proposing to 
erect a dam or to increase permanently or by flashboards any 
existing dam, having obtained an order from the commission, 
as provided in section 33, may file in the superior court a peti- 
tion setting forth the location, height and description of the 
proposed dam or increase in any existing dam, and the title 
and description of the land involved or the rights therein to 
be taken, and applying for the assessment of damages occa- 
sioned thereby in advance of the taking. The court shall then 
proceed in accordance with the provisions of sections 37 to 42 
inclusive. 

44. Security for Damages. Any person, upon filing a peti- 
tion as provided by section 35 or section 43, may be required at 



1937] Chapter 133 195 

any time, upon application to the court in which such petition 
is filed, to give, within a reasonable time, such security as 
justice may require for any damages which have been or may 
be occasioned by such proceedings, or to satisfy any judgment 
which may be rendered therein ; and no such person shall derive 
any title from the proceedings, or shall be discharged from any 
liability in relation to the premises, until the person aggrieved 
or damaged has been paid or tendered the amount of the judg- 
ment rendered. 

Limitation of Hydro-Electric Charters 

45. Termination of Rights. All rights, powers, privileges 
and franchises conferred upon any corporation, enabling such 
corporation to construct and maintain mill dams upon the 
streams of this state and to flow lands or do any other act 
necessary to the development of hydro-electric energy, shall 
terminate and be forfeited at the end of six years from the 
date on which the act of incorporation took effect, unless the 
actual work of constructing such dams or power plants shall 
be commenced during such six years, and be prosecuted with 
reasonable diligence thereafter until such dams and plants are 
completed and in operation. 

46. Forfeiture. Upon the written complaint of any citizen 
filed with the attorney-general, setting forth that any corpo- 
ration has failed to commence the actual work of constructing 
its dam or plant during the time limited by section 45, or has 
failed to prosecute the same with reasonable diligence there- 
after until such dam or plant has been completed and in opera- 
tion, it shall be the duty of the attorney-general to enforce by 
an appropriate proceeding a forfeiture of the rights, powers, 
privileges and franchises under which the corporation might 
have erected its dam or plant. 

Lake Levels Investigation and Proceedings 

47. Investigation of Levels of Inland Waters. The com- 
mission may, upon its own motion or at the request of the at- 
torney-general or upon complaint of not less than ten owners 
of property on any inland public water in the state, make a 
preliminary investigation of conditions affecting the use and 
enjoyment of any such public water, whenever it shall be of 
the opinion that such investigation would be in the public in- 



196 Chapter 133 [1937 

terest. If, as a result of any such preliminary investigation, 
it shall appear to the commission that the management and 
control of any outlet of any such public water and the instru- 
mentalities connected therewith are carried on or used in such 
manner that the value of shore property above or riparian 
rights below such outlet or the enjoyment of such water by 
the public is seriously and adversely affected, it may make 
further investigation with a view to ascertaining the respec- 
tive rights of all interested parties, including the public. If, as 
a result of such further investigation, the commission shall be 
of the opinion that such management and control is lawful, 
but that changes in the manner of the exercise of the right of 
management and control would be of benefit to others without 
injury to the owner of the outlet, it may recommend such 
changes as in its opinion would be of benefit to the public and 
private interests concerned. 

48. Report to Governor and Council. If, as a result of such 
further investigation, the commission shall be of the opinion 
that such management and control of the outlet and the in- 
strumentalities connected therewith is lawful, and that 
changes therein in the public interest would deprive the owner 
of the outlet or others of rights to which they are lawfully en- 
titled and that such changes, notwithstanding such depriva- 
tion, would be for the public interest, it may estimate all dam- 
ages which would be occasioned by such changes and all other 
costs connected therewith and report its findings to the gover- 
nor and council. 

49. Procedure When Use Unlawful. If, upon complaint of 
not less than ten owners of property on any inland public 
water in the state, the commission, after notice to the owner 
of the outlet thereof, which, if personal service is impractical 
in the opinion of the commission, may be by publication, and 
such other notice by publication or otherwise as the commis- 
sion may order, and a hearing, shall be of the opinion that the 
management and control of any such outlet or the instru- 
mentalities connected therewith is unlawful and contrary to 
the public interest, it shall report its findings to the attorney- 
general; and thereupon the attorney-general in the name of 
the state may institute appropriate proceedings in equity in 
the superior court and the court shall make such orders as may 
be necessary to protect the rights of the parties. 



1937] Chapter 133 197 

50. Gifts or Grants to the State. When in the opinion of 
the commission it is in the pubhc interest for the state to 
accept gifts or grants of real estate, or any interest therein, 
contiguous to inland public waters, rivers or streams, the 
commission shall recommend such acceptance to the governor 
and council v^^ho may by resolution accept the same in the name 
of the state. 

License to Flow Public Lands 

51. License to Flow Public Lands. The governor and coun- 
cil may grant to the owner of a dam located at the outlet of 
an inland public water the right to flow public lands contiguous 
to such public water and its tributaries, when in the opinion of 
the commission it is in the public interest so to do and under 
such terms and conditions with respect to water levels and 
otherwise as the commission may specify. 

52. Deeds. Any such grant of right of flowage and the 
conditions upon which the same is made shall be evidenced by 
deed executed in the name of the state by the governor and 
attested by the secretary of state and recorded in the county 
where the property is situated. 

Dams in Disrepair; Acquisition by Municipality 

53. Duty of Owner. The owner of a dam shall so maintain 
and repair it that it shall not become a dam in disrepair. 

54. Towns and Cities May Petition. The selectmen of any 
town or mayor of any city in which the whole or a part of a 
dam is located, if they have reason to believe the dam may be 
in disrepair, may petition the commission for an investigation 
to determine whether such dam is in disrepair. The select- 
men or mayor shall so petition the commission when requested 
so to do by twenty-five taxpayers of such town. 

55. Commission to Act. The commission, upon its own 
motion or upon filing of a petition pursuant to the foregoing 
section, shall notify the owner of such dam of the filing of said 
petition and set a time and place for a hearing to determine 
whether such dam is in disrepair. Said notice shall be given 
at least twenty-one days before said hearing and may be given 
in hand to the owner or sent to him by registered mail, or at 
the option of the commission, said notice may be given by pub- 
lication once each week for three successive weeks in some 



198 Chapter 133 [1937 

newspaper of general circulation in the county in which the 
dam or any part thereof is located. If notice is given by pub- 
lication, the first publication shall appear at least twenty-one 
days prior to the date of hearing. The commission shall file a 
copy of such notice in the registry of deeds in each county in 
which the dam is located. 

56. Inspection. Upon receipt of such a petition the com- 
mission may, either before or after said hearing, cause an in- 
spection of said dam to be made by a competent person, who 
may be one of its employees. 

57. Findings of Disrepair. Pursuant to notice given by 
the commission, it shall hold a public hearing and find, upon 
evidence furnished by its employees or others, whether said 
dam is in disrepair. If it finds such dam in disrepair, it shall 
request the owner thereof to make the requisite repairs or 
reconstruction, within a period to be fixed by such request. 

58. Town May Take Dam. If the owner shall fail to com- 
ply with such request, a town in which all or a portion of such 
dam is located may take by eminent domain proceedings be- 
fore the commission, as hereinafter provided, such dam and 
other real estate, franchises, easements, flowage and other 
property, wherever located, necessary or desirable in the 
opinion of the commission to enable the town to construct, 
maintain, repair, own and operate the same. Eminent domain 
proceedings may not be taken by a town pending an appeal and 
final determination of such appeal. 

59. Voters to Authorize Taking. Eminent domain pro- 
ceedings shall not be taken under this act unless authorized by 
a vote of two thirds of all voters present and voting at 
an annual or special meeting of such town, at which a majority 
of all the legal voters are present and vote. A city desiring to 
initiate eminent domain proceedings under this act shall act 
through its mayor, whose action shall be authorized by a 
resolution of the city councils, passed by at least two thirds of 
all the members elected to each branch thereof. All other 
action hereunder by a city shall be by the mayor when author- 
ized by a resolution of the city councils, passed by a majority 
of the members elected to each branch thereof. 

60. Special Town Meetings. A special town meeting to 
authorize action hereunder may be called by the selectmen of 
any town by posting or causing to be posted a written or 



1937] Chapter 133 199 

printed copy of the warrant warning such meeting, at the 
place of meeting and at two other public places in the town, at 
least seven days previous to holding the meeting, including the 
day of holding such meeting. The selectmen shall leave, on or 
before the day of the meeting, a copy of such warrant with the 
town clerk, who shall record it. Upon petition of twenty-five 
taxpayers, the selectmen shall call a special town meeting to 
consider action hereunder. 

61. Petition for Taking. If, within two years from the 
finding by the commission that a dam is in disrepair, a town in 
which a portion of such dam is located desires to take such 
property by eminent domain proceedings, the selectmen of 
said town may in writing so petition the commission. Such 
petition shall contain a statement of the amount of the town's 
indebtedness and its last assessed valuation, information as to 
how the town proposes to pay for said property, a certified 
copy of the vote of the town authorizing the taking of such 
property, a copy of the warrant calling the meeting at which 
such vote was passed, a statement of the number of legal 
voters, the number present and voting for and against the 
proposal, a description of the property sought to be acquired 
and its owners as appearing on the tax records of any town, 
and a list of such other persons believed by the selectmen to 
own property that may be flowed or affected as a result of 
maintaining said dam pursuant to findings and orders of the 
commission made under section 57 above. 

62. Notice. Upon receipt of the petition provided for in 
section 61, the commission shall notify the owners of property 
likely to be affected by such proceedings, by publication, as 
provided in section 55 above, and set a time and place for a 
hearing to determine what property shall be taken by the town 
in order for it to acquire the dam and property affected there- 
by. Such notice shall be considered adequate as to all persons 
affected by these and all subsequent proceedings before the 
commission to acquire the said property. 

63. Hearing and Findings. After said notice, a public 
hearing shall be held and the commission shall find, upon 
evidence furnished by its employees or others at the hearing, 
what property and rights are reasonably required by the town 
for the acquisition of the dam, other real estate, franchises, 
easements and other property necessary or desirable to enable 



200 Chapter 133 [1937 

the town to construct, maintain, repair, own and operate the 
dam so it may not be or become a dam in disrepair, and if the 
commission shall find that payment for said property and 
rights will not cause to be exceeded the debt of said town as 
authorized by law, it shall determine the compensation to be 
paid therefor, and render judgment accordingly. 

64. Appeal on Damages. Any party aggrieved by an order 
of the commission awarding damages may within sixty days 
after entry of the order file in the superior court of the county 
In which the land is wholly or partially located a petition to 
have the damages assessed by a jury, upon which petition 
notice shall be given, and the court shall assess such damages 
by jury. 

65. , Costs. If the result of an appeal is to change 

the award of damages in favor of the appellant, he shall re- 
cover costs, otherwise he shall pay costs. 

66. Guardian ad litem. If an owner or the owners of real 
estate, franchises, easements and other property affected by 
proceedings hereunder is under any legal disability and is not 
under guardianship in this state, or their residence is unknown 
or uncertain, the commission shall, upon application by the 
town, appoint a guardian ad litem, who shall represent the 
owner in the proceedings. 

67. Guardian's Fees. The commission shall determine and 
fix the amount due to any guardian appointed by it for services 
and disbursements in connection with any proceedings here- 
under and the portion thereof that justice requires shall be 
payable out of any award that may be made for any land or 
right of the ward that may be taken. 

68. Town Required to Pay Judgment. A town shall ex- 
pend such sums as may be necessary to satisfy any judgment 
of the commission pursuant to section 63 and any appeal there- 
from and such sums may be taken from monej^s (a) raised 
from the sale of bonds, sufficient authority for the issuance 
of which shall be the affirmative vote passed at the meeting 
referred to in section 59 hereof; (b) in the hands of the town 
treasurer not otherwise appropriated or held for a purpose not 
inconsistent therewith; (c) or voted for the purpose at any 
regular or special town meeting. 

69. Employment of Assistants. A town, acting through 
its selectmen and a city through its mayor, may employ en- 



1937] Chapter 133 201 

gineers, counsel and others and defray other expenses incident 
to proceedings hereunder. 

70. Access to Dam. Access to a dam and adjacent prop- 
erty may be had at all times by representatives of the com- 
mission or a town to carry out the purposes and intent hereof. 

Administration, Procedure and Appeals 

71. Question of Law. The commission may reserve, cer- 
tify and transfer to the supreme court for decision any ques- 
tions of law arising during the hearing of any matter before 
the commission. 

72. Administration, Rules and Regulations. In adminis- 
tering this act the commission shall have the power to make 
orders hereunder, conduct hearings, subpoena and examine 
under oath owners of dams, their books, records, documents, 
correspondence and accounts, and any other person it deems 
necessary to carry out the purposes and intent of this act. 
The commission may adopt, promulgate and enforce such rea- 
sonable rules and regulations as are deemed necessary to carry 
out the provisions of this act. 

73. Penalties. Anyone violating any provision of this act 
or order hereunder, or any rule or regulation of the commis- 
sion made hereunder, or failing to answer a subpoena or to 
testify before the commission, except as herein otherwise pro- 
vided, 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. 

74. Conferences Authorized. The commission shall have 
power to confer and agree with legally constituted similar com- 
missions or authorities of other states; or agencies of the 
federal government. 

75. Motion for Rehearing. Within twenty days after any 
order or decision has been made by the commission, any party 
to the action or proceeding before the commission or any per- 
son directly affected thereby, may apply for a rehearing in 
respect to any matter determined in the action or proceeding, 
or covered or included in the order, specifying in the motion 
for rehearing the ground therefor, and the commission may 
grant such rehearing if in its opinion good reason therefor is 
stated in said motion. 



202 Chapter 133 [1937 

76. , Specifications. Such motion shall set forth 

fully every ground upon which it is claimed that the decision 
or order complained of is unlawful or unreasonable. No appeal 
from any order or decision of the commission shall be taken 
unless the appellant shall have made application for rehearing 
as herein provided, and when such application shall have been 
made, no ground not set forth therein shall be urged, relied on 
or given any consideration by the court, unless the court for 
good cause shown shall allow the appellant to specify addi- 
tional grounds. 

77. , Action on Motion. Upon the filing of such mo- 
tion for rehearing, the commission shall within ten days either 
grant or deny the same, or suspend the order or decision com- 
plained of pending further consideration, and any order of 
suspension may be upon such terms and conditions as the com- 
mission may prescribe. 

78. Appeal. Within thirty days after the application for 
a rehearing is denied, or if the application is granted, then 
within thirty days after the decision on such rehearing, the 
applicant may appeal by petition to the supreme court. 

79. , Petition. Such petition shall state briefly, (a) 

the nature of the proceeding before the commission, (b) shall 
set forth the order or decision complained of, and (c) the 
grounds upon which the same is claimed to be unlawful or un- 
reasonable upon which the petitioner will rely in the supreme 
court. 

80. , Parties. Any person whose rights may be 

directly affected by said appeal may appear and become a 
party, or the court may order such persons to be joined as 
parties as justice may require. 

81. , Notice to Commission. Upon the filing of an 

appeal, the clerk of court shall issue an order of notice requir- 
ing the commission to file with the court a certified copy of the 
record in the proceeding, together with such of the evidence 
introduced before or considered by the commission as may be 
specified by any party in interest, as well as such other 
evidence, so introduced and considered, as the commission may 
deem proper to certify, together with the originals or copies 
of all exhibits introduced in evidence before the commission. 

82. , Other Notice. Such notice as the court may 

order shall also be given to persons who were parties to the 



1937] Chapter 133 203 

proceeding before the commission or who may be ordered 
joined by the court. 

83. , Fees for Copies. The commission shall collect 

from the party taking the appeal a fee of ten cents per folio 
of one hundred words for the copy of the record and such testi- 
mony and exhibits as shall be transferred, and five cents per 
folio for manifold copies, and shall not be required to certify 
the record upon any such appeal, nor shall said appeal be con- 
sidered until the fees for copies have been paid. 

84. Argument. Upon the filing of said copy of the record, 
evidence and exhibits, the case shall be in order for argument 
at the next regular session of the court, unless the same be 
postponed for good cause shown. 

85. Burden of Proof. Except as herein otherwise provided, 
upon the hearing the burden of proof shall be upon the party 
seeking to set aside any order or decision of the commission to 
show that the same is clearly unreasonable or unlawful, and 
all findings of the commission upon all questions of fact prop- 
erly before it shall be deemed to be prima facie lawful and 
reasonable; and the order or decision appealed from shall not 
be set aside or vacated except for errors of law, unless the 
court is satisfied, by a clear preponderance of the evidence be- 
fore it, that such order is unjust or unreasonable. 

86. Additional Evidence. No new or additional evidence 
shall be introduced in the supreme court, but the case shall be 
determined upon the record and evidence transferred, except 
that in any case, if it shall be necessary in order that no party 
shall be deprived of any constitutional right, or if the court 
shall be of the opinion that justice requires the reception of 
evidence of facts which have occurred since the hearing, or 
which by reason of accident, mistake or misfortune could not 
have been offered before the commission, it may receive and 
consider additional evidence. 

87. Taking. Such additional evidence may be taken before 
a single justice or otherwise, as the court may order. 

88. Stay of Proceedings. If the court in any case shall 
hear new evidence such new evidence shall, upon the motion 
of any party, be transmitted by copy to the commission, and 
all proceedings shall be stayed for twenty days from the date 
of such transmission. 



204 Chapter 133 [1937 

89. Action of Commission. Upon receipt of such evidence, 
the commission shall consider the same and may alter, modify, 
amend or rescind the order or decision appealed from, and shall 
report its action thereon to the court within said twenty days, 

90. Subsequent Proceedings. If the commission shall 
rescind the order appealed from, the appeal shall be dismissed ; 
if it shall alter, modify or amend the same, such altered, modi- 
fied or amended order shall take the place of the original order 
complained of, and the court shall render judgment with refer- 
ence thereto in said appeal as though said order had been made 
by the commission in the first instance, after allowing any 
amendments of the pleadings or other incidental proceedings 
desired by the parties which the changed situation may re- 
quire. 

91. Evidence, How Considered. All evidence transferred 
by the commission shall be, and all additional evidence re- 
ceived may be, considered by the court regardless of any 
technical rule which might have rendered the same inadmis- 
sible if originally offered in the trial of an action at law. 

92. Judgment. The final judgment upon every appeal shall 
be a decree dismissing the appeal, or vacating the order com- 
plained of in whole or in part, as the case may be ; but in case 
such order is wholly or partly vacated the court may also, in 
its discretion, remand the matter to the commission for such 
further proceedings, not inconsistent with the decree, as in 
the opinion of the commission justice may require. 

93. Suspension of Order. No appeal or other proceedings 
taken from an order of the commission shall suspend the 
operation of such order ; provided that the supreme court may 
order a suspension of such order pending the determination of 
such appeal or other proceedings whenever, in the opinion of 
the court, justice may require such suspension. 

94. Remedy Exclusive. No proceeding other than the 
appeal herein provided for shall be maintained in any court of 
this state to set aside, enjoin the enforcement of or otherwise 
review or impeach any order of the commission, except as 
otherwise specially provided. 

95. Constitutionality. If any provision of this act or the 
application thereof to any person or circumstances is held in- 
valid, the remainder of the act and the application of such pro- 



1937] Chapter 133 205 

visions to other persons and circumstances shall not be affected 
thereby. 

96. Interstate Commerce. Nothing herein shall be con- 
strued as applying to interstate or foreign commerce except as 
may be permitted by the federal constitution and laws enacted 
thereunder. 

97. Records of Public Service Commission. All files and 
records of the public service commission which relate solely to 
dams, water levels of the inland public waters, or stream flow 
gauging, shall be by it transferred and delivered to the com- 
mission. 

'98. Repeal. Chapter 218 of the Public Laws is hereby 
amended by striking out sections 13 to 47, inclusive, as 
amended by chapter 59, Laws of 1931. 

99. Amendment. Amend section 3 of chapter 244 of the 
Pubhc Laws by striking out the same and inserting in lieu 
thereof the following so that said section as amended shall read 
as follows ; 3. Procedure. The commission shall, upon notice 
to all parties in interest, hear and determine the necessity for 
the right prayed for and the compensation to be paid therefor, 
and shall render judgment accordingly. In proceedings under 
this subdivision the provisions relating to flowage rights con- 
tained in an act to establish a water control commission shall 
not apply but when petitions to acquire flowage or drainage 
rights are filed the commission shall notify the water control 
commission. 

100. Appropriation. For carrying out the purposes of this 
act a sum of seven thousand five hundred dollars ($7,500) or 
so much thereof as may be necessary is hereby appropriated 
for the fiscal year beginning July 1, 1937, and a like sum for 
the fiscal year beginning July 1, 1938, such sums to be a charge 
against the funds provided by section 18, chapter 121, Laws of 
1935, which funds, for the purposes hereof shall not lapse un- 
til July 31, 1939. 

101. Towns May Acquire. Amend section 4 of chapter 42 
of the Public Laws by inserting after paragraph XXVI the fol- 
lowing new paragraph: XXVI-a. Acquire Dams. To 
acquire, construct, control and operate dams at the outlet of 
any inland body of water, some part of which lies within the 



206 Chapter 134 [1937 

limits of the town, whether or not the outlet is beyond the 
town limits, when so to do will tend to improve the recreational 
value of such body of water. 

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

[Approved June 17, 1937.] 



CHAPTER 134. 

AN ACT CREATING A DEPARTMENT OF STATE POLICE. 



Section 

1. Name of act. 

2. Definitions. 

3. Creating department of state 

police. 

4. Qualifications of superintend- 

dent ; salary. 

5. Establishing ranks and qualifi- 

cations. 

6. Superintendent's authority. 

7. Training facilities and require- 

ments. 

8. Power to make regulations. 

9. Departmental uniforms and 

equipment. 

10. Traveling expense to be 

allowed. 

11. Rewards paid to treasury. 



Section 

12. Co-operation with other police 

forces. 

13. Authority and duties of police 

employees. 

14. Power to take identification 

data. 

15. Criminal records, reports. 

16. Restrictions in municipalities. 

17. Transfer of equipment and 

personnel. 

18. Appropriation. 

19. Repeal. 

20. Annual report and special re- 

ports. 

21. Disposition of state revenue. 

22. Saving clause. 

23. Takes effect. 



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

1. Name of Act. This act shall be known as the "State 
Police Act." 

2. Definitions. As used in this act: 

I. "Department," shall mean the department of state 
police created by this act. 

II. "Employee," shall mean any employee of the depart- 
ment of state police. 

III. "Police employee," shall mean any employee who is 
assigned to police work. 

IV. "Civilian employee," shall mean any employee of the 
department assigned to a position other than that of a police 
employee. 

3. Creating Department of State Police. There is hereby 
created a department of state police. The head of the de- 
partment shall be designated superintendent and he shall be 



1937] Chapter 134 207 

appointed by the governor with the advice and consent of the 
council, to serve for a term of five years or is removed for 
cause. Causes for removal from office shall be misconduct or 
incompetency. Misconduct shall include in its meaning failure 
competently to perform his official duties; the taking of any 
part, directly or indirectly, in a political campaign, rally, cau- 
cus or other political gathering other than to vote; failure to 
be of good behavior. He may be removed by the governor and 
council only after charges have been preferred in writing and, 
if he so requests, after public hearing. 

4. Qualifications of Superintendent; Salary. The superin- 
tendent shall be a citizen of the United States and have had 
experience in investigation of crime and criminal prosecution 
at the time of his appointment. Said superintendent shall 
give bond, in such sum as the governor and council may deter- 
mine, for the faithful discharge of his duties. The annual 
salary of said superintendent shall be four thousand dollars. 

5. Establishing Ranks and Qualifications. The superin- 
tendent shall establish a suitable classification of grades, posi- 
tions and ranks for employees and responsibility. For each 
such grade, position and rank, the superintendent shall fix 
standards of health, education, training and experience, and 
prescribe, with the approval of the governor and council, the 
salaries to be paid. 

6. Superintendent's Authority. Any police employee may 
be suspended, discharged or demoted by the superintendent for 
cause but shall be entitled to a pubHc hearing if he so requests. 

7. Training Facilities and Requirements. The superinten- 
dent shall arrange for the training of employees of the depart- 
ment and such training facilities as may be developed shall be 
available under such reasonable regulations as he may pre- 
scribe to any local governmental unit within the state. 

8. Power to Make Regulations. The superintendent shall 
have authority, with the approval of the governor and council, 
to make such reasonable rules and regulations as may be desir- 
able for the efficient administration of the department. He 
shall from time to time, in accordance with any such rules and 
regulations which may be adopted, designate or change the 
rank or grade to be held by any or all employees. He shall 
have authority, within the limits of the appropriation for said 
department, to employ such civilian employees as may be 



208 Chapter 134 [1937 

necessary and shall have authority to determine the duties of 
all employees and to determine what employees shall give 
bonds and in what sums. 

9. Depaitmental Uniforms and Equipment. The superin- 
tendent shall provide for the employees uniforms and equip- 
ment necessary to the performance of their respective duties, 
but all such property shall remain the property of the state. 
The superintendent is empowered to sell such uniforms and 
equipment as shall have become damaged, obsolete, or other- 
wise unserviceable and all moneys received therefor shall be 
paid into the state treasury. He shall maintain an inventory 
and shall charge against each employee the value of the prop- 
erty of the department issued to him. If it shall be de- 
termined by the superintendent that any loss or destruction of 
such property was due to carelessness or neglect on the part 
of such employee, the value of such property shall be paid for 
by him and the amount thereof may be deducted from the pay 
of such employee, 

10. Traveling Expenses to be Allowed. The superinten- 
dent shall have authority to approve vouchers to be paid out of 
the department's funds in payment of expenses incurred by 
employees in the discharge of their duties. 

11. Rewards Paid to Treasury. Any fee for the perform- 
ance of an act in line of duty or reward for the apprehension or 
the conviction of any person, or for the recovery of any prop- 
erty, received by or payable to any employee, shall be paid by 
him to the superintendent who shall immediately forward the 
same to the state treasurer. All fines and costs assessed 
against any violator of law apprehended or prosecuted by a 
police employee, except such as may be assessed against per- 
sons committing or attempting to commit a felony, shall be 
sent, by the court collecting the same from such law violator, 
to the superintendent within five days from their payment, 
and by him immediately paid into the state treasury. 

12. Co-operation with Other Police Forces. The superin- 
tendent and employees shall co-operate and exchange informa- 
tion with any other law enforcement agency both within and 
without this state, including federal authorities, for the pur- 
pose of preventing and detecting crime and apprehending 
criminals. The superintendent may, on the request of any 
responsible official of any such agency, assist such official by 



1937] Chapter 134 209 

detailing to him such pohce employees, for such length of time 
and under such conditions as the superintendent may deem 
proper. 

13. Authority and Duties of Police Employees. Police em- 
ployees shall be ex-officiis constables throughout the state, 
shall patrol the highways, enforce the highway traffic laws and 
regulations, enforce the motor vehicle laws relative thereto 
and the superintendent shall report to the commissioner of 
motor vehicles all violations of and prosecutions under the 
motor vehicle laws. Police employees shall have general 
power to enforce all criminal laws of the state and to serve 
criminal processes and make arrests, under proper warrants, 
in all counties. They shall not sei-ve civil processes. No police 
employee shall act, be used or called upon for service within 
any town in any industrial dispute unless actual violence has 
occurred therein, and then only upon order of the governor. 
When any police employee shall apprehend any person who has 
committed or attempted to commit a felony the superintendent 
shall immediately make a report to the solicitor and the sheriff 
of the county in which the offense was, or was suspected of be- 
ing, committed and such cases shall be investigated and prose- 
cuted by said county officials with the co-operation of said 
police employees. 

14. Power to Take Identification Data. The employees 
shall have authority to take fingerprints and, in addition 
thereto, such identification data as shall be prescribed by the 
superintendent of all persons taken into custody by them in 
the discharge of their duties. 

15. Criminal Records, Reports. The superintendent shall 
make such rules and regulations as may be necessary to secure 
records and other information relative to persons who have 
been or shall hereafter be convicted of a felony or an attempt 
to commit a felony within the state, or who are known to be 
habitual criminals, or who have been placed under arrest in 
criminal proceedings. Such records and information shall not 
be open to the inspection of any person except those who may 
be authorized to inspect the same by the superintendent. The 
clerks of the superior and municipal courts, or if there is no 
clerk the justice thereof, sheriffs, deputy sheriffs, police of- 
ficers, jailers and superintendents of houses of correction are 
hereby required to secure and forward to the superintendent 



210 Chapter 134 [1937 

all such information as he may direct relative to persons 
brought before said courts or arrested or in the custody of 
such officers in criminal proceedings. Any person violating 
the provisions of this section or any rule or regulation made 
hereunder shall be fined twenty-five dollars for each offense. 

16. Restrictions in Municipalities. A police employee shall 
not act within the limits of any town or city having an organ- 
ized police force, except when he witnesses a crime or is in pur- 
suit of a law violator or suspected violator, or when in search 
of a person wanted for a crime committed outside its limits, 
or when in search of a witness of such a crime or when re- 
quested to act by an official of another law enforcing agency, 
as provided under section 12, or when ordered by the governor. 

17. Transfer of Equipment and Personnel. The equipment 
and records of the state investigator acquired pursuant to 
chapter 152 of the Laws of 1933 and all motor vehicles, motor 
cycles, uniforms, all side arms and all other equipment owned 
by the state and heretofore used in connection with the motor 
vehicle department for highway patrol work shall be trans- 
ferred to the department. The initial personnel of the depart- 
ment shall be made up from such motor vehicle examiners as 
have under existing law been heretofore assigned by the 
motor vehicle commissioner as a special uniformed division for 
highway patrol work and the personnel of the department of 
the state investigator who shall, at the time of the passage of 
this act, be transferred to and become employees of the depart- 
ment. 

18. Appropriation. For the purposes of this act there is 
hereby appropriated the sum of one hundred and sixty thou- 
sand dollars ($160,000). annually. Of this sum the sum of one 
hundred and fifty thousand dollars shall be a charge upon the 
funds received by the state treasurer from fees collected by 
the motor vehicle department from the registration and 
licensing of motor vehicles and operators, and the sum of ten 
thousand dollars shall be a charge upon the general funds of 
the treasury. 

19. Repeal. Sections 13-a to 13-e, inclusive, of chapter 16 
of the Public Laws, as inserted by chapter 152 of the Laws of 
1933, are hereby repealed. 

20. Annual Report and Special Reports. On or before 
July thirty-first in each year the superintendent shall make a 



1937] Chapter 134 211 

report to the governor concerning the activities of the depart- 
ment. The report shall include such recommendations as the 
superintendent may deem desirable to the administration of 
the department. Upon request of the governor, or upon his 
own initiative the superintendent may at any time submit 
special reports. 

21. Disposition of State Revenue. Amend section 11 of 
chapter 15 of the Public Laws, as amended by section 2 of 
chapter 130 of the Laws of 1927, as amended by section 2 of 
chapter 140 of the Laws of 1935, by striking out the same and 
inserting in place thereof the following: 11.* Application of 
Receipts. Moneys received by the state treasurer, as pro- 
vided in section 10, shall be available for general revenue of 
the state with the following exceptions : 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 department and one hundred and fifty 
thousand dollars annually for maintaining in part the depart- 
ment of state poHce, shall be credited to the highway depart- 
ment for maintenance of highways; fines and costs from the 
department of state police shall be credited to the highway de- 
partment for maintenance of highways; revenues from fees, 
rentals and the sale of products from lands under the jurisdic- 
tion of the forestry and recreation commission which shall be 
credited as provided for in chapter 192 of the Public Laws; 
and the fees collected by the public service commission of rail- 
roads, 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 appropriated to reimburse the 
state for money so paid out. The full amount allowed for the 
maintenance of each institution and department shall be ap- 
propriated by each legislature for the biennial period next fol- 
lowing, and the money derived from the sale of farm and minor 
industrial products of institutions shall be credited to the ap- 
propriation for the institution from which derived. 

22. Saving Clause. In case any phrase or provision hereof 
shall be declared unconstitutional, the remaining provisions 
hereof shall not by reason thereof be invalid and the re- 



* Amended, chapter 151, post. 



212 Chapters 135, 136 [1937 

mainder of the act and its application shall not be affected 
thereby. 

23. Takes Effect. This act shall take effect July 1, 1937. 

[Approved June 29, 1937.] 



CHAPTER 135. 

AN ACT RELATING TO THE AMOUNT OF COMPENSATION THAT 

MAY BE PAID WEEKLY FOR DISABILITY UNDER 

THE WORKMEN'S COMPENSATION LAW. 



Section 
2. Takes effect. 



Section 

1. Compensation for disability in- 
creased. 

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

1. Compensation for Disability Increased. Amend section 
24 of chapter 178 of the Public Laws by striking out the word 
"fifteen" and inserting in place thereof the word seventeen, so 
that said section, as amended, shall read as follows: 24. 
Limit of Compensation. In no event shall any compensation 
paid under this subdivision exceed the damage suffered, nor 
shall any weekly payment in any event exceed seventeen dol- 
lars, or extend over more than three hundred weeks from the 
date of the accident. Such payment shall continue for such 
period of three hundred weeks, if total or partial disability con- 
tinues during such period. No such payment shall be due or 
payable for any time prior to the giving of the notice required 
by section 15. 

2. Takes Effect. This act shall take effect June 30, 1937. 
[Approved June 29, 1937.] 



CHAPTER 136. 

AN ACT RELATING TO HUNTING OF DEER. 

Section I Section 

1. Taking wild deer. | 2. Takes eflfect. 

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

1. Wild Deer. Amend section 2 of chapter 198 of the Pub- 
lic Laws, as inserted by section 2, chapter 124, of the Laws of 



1937] Chapters 137, 138 213 

1935, by striking out the whole of said section and inserting in 
place thereof the following: 2. Taking, Time. Wild deer, 
outside of private game preserves, may be hunted and taken 
after six a. m. and before five p. m. in the counties of Carroll, 
Coos and Grafton from November first to December first, and 
in all other counties in the state from December first to De- 
cember sixteenth, except that no deer shall be hunted or taken 
at any time on any island or in any waters in lakes and ponds. 

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

[Approved June 29, 1937.] 



CHAPTER 137. 

AN ACT RELATING TO LIABILITY INSURANCE. 

Section | Section 

1. Liability insurance. | 2. Takes effect. 

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

1. Liability Insurance. Amend chapter 279 of the Public 
Laws by inserting after section 3 the following new section to 
read as follows: 3-a. Reinsurance. No insurer authorized 
to do business in this state shall reinsure or assume any risk, 
or any part thereof, in this state underwritten by an unad- 
mitted company. 

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

[Approved June 29, 1937.] 



CHAPTER 138. 

AN ACT RELATING TO THE TAXATION OF DOMESTIC RABBITS. 

Section I Section 

1. Taxation of domestic rabbits. | 2. Takes effect. 

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

1. Taxation of Personal Property. Amend section 14 of 
chapter 60 of the Public Laws by inserting after paragraph IX, 



214 



Chapter 139 



[1937 



as inserted by chapter 38 of the Laws of 1933, the following 
new paragraph : X. Domestic Rabbits. Domestic rabbits of 
every description over two months old in excess of the aggre- 
gate value of fifty dollars. 

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

[Approved June 29, 1937.] 



CHAPTER 139. 

AN ACT TO PROVIDE FOR CO-OPERATION BY THE STATE WITH THE 
MERRIMACK RIVER VALLEY FLOOD CONTROL COMMISSION IN 
THE ACQUISITION OP LANDS, EASEMENTS AND RIGHTS 
OF WAY ESSENTIAL FOR FLOOD CONTROL PUR- 
POSES, AND TO ENABLE THE STATE TO 
COMPLY WITH THE PROVISIONS OF THE 
COMPACT ENTERED INTO BY IT 
WITH THE COMMONWEALTH 
OF MASSACHUSETTS AND 
FOR OTHER PURPOSES. 



Skction 

4. Rights of state in reservoirs, 

how exercised. 

5. Board, studies, reports. 

6. Takes effect. 



Section 

1. Acquisition of lands and rights 

for reservoirs. 

2. Lands, easements and rights of 

way, lease of. 

3. Relocations. 

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

1. Acquisition of Lands and Rights for Reservoirs. In the 

acquisition of lands, easements and rights of way in the state 
of New Hampshire, provided in and by the terms of the com- 
pact or agreement between the state and the commonwealth 
of Massachusetts for the purpose of flood control in the Mer- 
rimack river basin, to be procured by the state, the New 
Hampshire water resources board shall be the agency of the 
state for that purpose. Said board is authorized and em- 
powered, upon the request of the Merrimack river valley flood 
control commission, with the approval of the governor and 
council, to proceed forthwith to acquire title to and possession 
of such lands, easements and rights of way, including property 
or facilities in public use, any railroad, electric transmission or 



1937] Chapter 139 215 

distribution lines, telephone or telegraph lines, pipe lines, 
aqueducts, water mains, gas mains or other public utility 
structure located thereon, within this state as are determined 
and designated by the commission for the construction of any 
reservoir or reservoirs authorized under said compact or agree- 
ment. Said board shall acquire the same, including such prop- 
erty or facilities in public use, either by purchase or by the 
exercise of the right of eminent domain, as said commission 
may direct. In the taking of such lands, easements, rights of 
way or property or facilities in public use by the exercise of 
eminent domain, said board is hereby authorized and em- 
powered to proceed in the manner provided by chapter 121 of 
the Laws of 1935 and amendments thereto. Said board is 
further authorized and empowered, with the approval of the 
governor and council, to enter into any contract or agreement 
with such public officials having authority with reference to 
property or facilities in public use and with such public utility 
or railroad providing for the removal of such property or 
facihties in public use, or such railroad, electric transmission 
or distribution lines, telephone or telegraph lines, pipe lines, 
aqueducts, water mains, gas mains or other public utility 
structures to such new location, under such terms and condi- 
tions as may be agreed upon, and without expense to such 
town, person, public utility or railroad, and said board for the 
purpose of providing any such new location or locations may 
acquire lands, easements, rights of way, property or facilities 
by purchase or by eminent domain, as herein provided. In all 
such cases the title may be taken either in the name of the 
board or of the town, person, public utility or railroad, and if 
taken in the name of the board, may be conveyed to the town, 
person, public utility or railroad in compliance with such agree- 
ment or contract. In the purchase or acquisition of lands, 
easements and rights of way hereunder the actual occupants 
thereof since May 1, 1937, whether owners or tenants, shall be 
paid fair compensation for any loss occasioned thereby and any 
such occupant who moves to a new location in the state shall 
be reimbursed for costs of removal occasioned by such pur- 
chase or acquisition. If the amount of damage herein provided 
is not agreed upon by the parties it shall be determined by the 
superior court upon petition therefor. Said board shall keep an 
accurate account of all expenditures made or costs incurred in 



216 Chapter 139 [1937 

the acquisition of lands, easements, rights of way, property or 
facilities as aforesaid, and the same shall be included as a part 
of the cost of acquisition to be paid by the Merrimack river 
valley flood control commission. 

2. Lands, Easements and Rights of Way, Lease of. Upon 
the acquisition of any such lands, easements and rights of way 
essential to the construction of any dam or reservoir author- 
ized under said compact, and the full payment by the Merri- 
mack river valley control commission of the cost of acquisition 
thereof, the said board, for and in behalf and as agent of the 
state for that purpose, and in its name, shall make, with the 
approval of the governor and council, execute and deliver to 
the Merrimack river valley flood control commission a good 
and suflficient lease of the same upon the conditions and sub- 
ject to all the provisions and restrictions set forth in articles 
VI and VII of said compact. 

3. Relocations. Said board, upon notice from and at the 
sole expense of the Merrimack river valley flood control com- 
mission, shall make or cause to be made such relocations of 
highways and other property or facilities in pubflc use as may 
become necessary because of the construction, operation and 
maintenance of any reservoir or reservoirs authorized under 
said compact. In the relocation of such highways, the state 
highway commissioner, upon notice from said board, shall 
forthwith determine the character, location, route and con- 
struction of the same, provided, however, that before the re- 
location of state-aid and town highways, it shall be the duty 
of the highway commissioner to consult and co-operate with 
the local officials of the towns in which said highways are 
located, and said board thereafter may acquire any necessary 
lands, easements and rights of way therefor in the manner pro- 
vided in section 1 hereof. In the relocation of other property 
or facilities in public use, the board, after consultation with the 
selectmen or other public oflScials having authority with refer- 
ence thereto for changing the location of such, shall forthwith 
determine the relocation thereof, and may acquire any neces- 
sary lands, easements and other property or facilities necessary 
therefor, in the manner provided in section 1 liereof. An ac- 
curate record of the cost of relocating such highway or high- 
ways or other property or facilities in public use, including the 
cost of acquisition of any lands, easements, rights of way or 



1937] Chapter 139 217 

other property necessary thereto, and any expense incidental 
to the same, shall be kept, and the cost and expense thereof 
shall be paid by the Merrimack river valley flood control com- 
mission in accordance with the terms of said compact or agree- 
ment; provided, however, that due allowance shall be made on 
account of any improved type of construction of such re- 
located highway or other property or facilities in public use. 
In the event that the board and the Merrimack river valley 
flood control commission can not agree as to the cost and ex- 
pense to be paid by the Merrimack river valley flood control 
commission on account of such highway relocation or other 
property or facilities in public use, either party may apply by 
petition to the superior court of the county wherein such high- 
way or other property or facilities in public use, or some part 
thereof is located, to fix and determine the same, and, upon 
hearing, said court shall thereupon ascertain and adjudge the 
amount thereof. 

4. Rights of State in Reservoirs, How Exercised. The 
board is hereby designated the agency, with the approval of 
the governor to notify the United States through its war de- 
partment, before construction work is commenced upon any 
flood control reservoir authorized under said compact or agree- 
ment, of the determination by the state to preserve the value 
of any such site for the purpose of water conservation, power 
storage or power development which may be inherent in such 
site, in order that the design and construction of the dam and 
works at such site may be developed in such manner as to pro- 
vide for the further development thereof as a storage reservoir 
for the purposes aforesaid and said board is hereby authorized, 
empowered and directed, with the approval of the governor 
and council, to enter into contracts or agreements with the 
United States respecting the terms and conditions under which 
such rights of water conservation, power storage or power 
development shall be made available. The said board is further 
authorized to approve on the part of the state of the type and 
general plans for the construction of such reservoirs as will 
provide for such further development in accordance with the 
terms and provisions of article IX of said compact or agree- 
ment, and to acquire either by purchase or eminent domain in 
the manner provided by chapter 121 of the Laws of 1935 and 



218 Chapter 139 [1937 

amendments thereto such additional lands, easements and 
rights of way as may be necessary for the full beneficial use 
of the rights reserved to the state under the terms of said 
compact or agreement. In providing for such further develop- 
ment and use of such reservoirs for the purposes reserved to 
the state as aforesaid, or in the acquisition of lands, easements 
or rights of way therefor, or for any flood control reservoir 
site, said board, with the approval of the governor and council, 
is authorized to enter into such contracts and agreements with 
such persons, including corporations, under such terms and 
subject to such conditions, as to it shall appear for the best 
interest and advantage of the state. Said board, with the ap- 
proval of the governor and council, may at any time hereafter, 
whenever it may determine that any reservoir constructed un- 
der the terms of said compact is desirable or necessary to be 
used for water conservation, power storage or power develop- 
ment, require the same to be adapted for that purpose in ac- 
cordance with the provisions of article IX of said compact or 
agreement. 

5. Board, Studies and Reports. The board is hereby au- 
thorized and directed to make or cause to be made such studies 
and investigations of the Merrimack river and its tributaries 
in the state, with particular reference to the matter of pos- 
sible flood control reservoir sites on such tributaries, and the 
availability and feasibility of the same in connection with the 
further extension and expansion of a comprehensive program 
of flood control contemplated under said compact or agree- 
ment, as may be necessary to determine the character and 
location of reservoir sites that would be most beneficial to the 
state as a part of such program. Biennially, such board shall 
report its findings and recommendations in respect thereto to 
the legislature, to the end that the legislature may have full in- 
formation concerning any proposed reservoir site that may 
hereafter be submitted to it by the Merrimack river valley 
flood control commission for its approval. 

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

[Approved June 30, 1937.] 



1937] 



Chapter 140 



219 



CHAPTER 140. 

AN ACT TO PROVIDE FOR CO-OPERATION BY THE STATE WITH THE 

CONNECTICUT RIVER VALLEY FLOOD CONTROL COMMISSION 

IN THE ACQUISITION OF LANDS, EASEMENTS AND 

RIGHTS OF WAY ESSENTIAL FOR FLOOD CONTROL 

PURPOSES, AND TO ENABLE THE STATE TO 

COMPLY WITH THE PROVISIONS OF THE 

COMPACT ENTERED INTO BY IT WITH 

THE COMMONWEALTH OF 

MASSACHUSETTS AND THE 

STATES OF CONNECTICUT 

AND VERMONT AND 

FOR OTHER 

PURPOSES. 



Section 

4. Rights of state in reservoirs, 

how exercised. 

5. Board, studies, reports. 

6. Takes efifect. 



Section 

1. Acquisition of lands and rights 

for reservoirs. 

2. Lands, easements and rights of 

way, lease of. 

3. Relocations. 

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

1. Acquisition of Lands and Rights for Reservoirs. In the 

acquisition of lands, easements and rights of way in the state 
of New Hampshire, provided in and by the terms of the com- 
pact or agreement between the state, the commonwealth of 
Massachusetts and the states of Connecticut and Vermont for 
the purpose of flood control in the Connecticut river basin, to be 
procured by the state, the New Hampshire water resources 
board shall be the agency of the state for that purpose. Said 
board is authorized and empowered, upon the request of the 
Connecticut river valley flood control commission, with the 
approval of the governor and council, to proceed forthwith to 
acquire title to and possession of such lands, easements and 
rights of way, including property or facilities in public use, 
any railroad, electric transmission or distribution lines, tele- 
phone or telegraph lines, pipe lines, aqueducts, water mains, 
gas mains or other public utility structure located thereon, 
within this state as are determined and designated by the com- 
mission for the construction of any reservoir or reservoirs au- 
thorized under said compact or agreement. Said board shall 



220 Chapter 140 [1937 

acquire the same, including such property or faciHties in public 
use, either by purchase or by the exercise of the right of emi- 
nent domain, as said commission may direct. In the taking of 
such lands, easements, rights of way or property or facilities 
in public use by the exercise of eminent domain, said 
board is hereby authorized and empowered to proceed in the 
manner provided by chapter 121 of the Laws of 1935 and 
amendments thereto. Said board is further authorized and 
empowered, with the approval of the governor and council, to 
enter into any contract or agreement with such public officials 
having authority with reference to property or facilities in 
public use and with such public utility or railroad providing 
for the removal of such property or facilities in public use, or 
such railroad, electric transmission or distribution lines, tele- 
phone or telegraph lines, pipe lines, aqueducts, water mains, 
gas mains or other public utility structures to such new loca- 
tion, under such terms and conditions as may be agreed upon, 
and without expense to such town, person, public utility or 
railroad, and said board for the purpose of providing any such 
new location or locations may acquire lands, easements, rights 
of way, property or facilities by purchase or by eminent do- 
main, as herein provided. In all such cases the title may be 
taken either in the name of the board or of the town, person, 
public utility or railroad, and if taken in the name of the board, 
may be conveyed to the town, person, public utility or railroad 
in compliance with such agreement or contract. Said board 
shall keep an accurate account of all expenditures made or 
costs incurred in the acquisition of lands, easements, rights of 
way, property or facilities as aforesaid, and the same shall be 
included as a part of the cost of acquisition to be paid by the 
Connecticut river valley flood control commission. 

2. Lands, Easements and Rights of Way, Lease of. Upon 
the acquisition of any such lands, easements and rights of way 
essential to the construction of any dam or reservoir author- 
ized under said compact, and the full payment by the Connecti- 
cut river valley flood control commission of the cost of acquisi- 
tion thereof, the said board, for and in behalf and as agent of 
the state for that purpose, and in its name, shall make, with 
the approval of the governor and council, execute and deliver 
to the Connecticut river valley flood control commission a good 



1937] Chapter 140 221 

and sufficient lease of the same upon the conditions and sub- 
ject to all the provisions and restrictions set forth in article 
VI of said compact. 

3. Relocations. Said board, upon notice from and at the 
sole expense of the Connecticut river valley flood control com- 
mission shall make or cause to be made such relocations of 
highways and other property or facilities in public use as may 
become necessary because of the construction, operation and 
maintenance of any reservoir or reservoirs authorized under 
said compact. In the relocation of such highways, the state 
highway commissioner, upon notice from said board, shall 
forthwith determine the character, location, route and con- 
struction of the same, provided, however, that before the relo- 
cation of state-aid and town highways, it shall be the duty of 
the highway commissioner to consult and co-operate with the 
local officials of the towns in which said highways are located, 
and said board thereafter may acquire any necessary lands, 
easements and rights of way therefor in the manner provided 
in section 1 hereof. In the relocation of other property or facili- 
ties in public use, the board, after consultation with the select- 
men or other public officials having authority with reference 
thereto for changing the location of such, shall forthwith de- 
termine the relocation thereof, and may acquire any necessary 
lands, easements and other property or facilities necessary 
therefor, in the manner provided in section 1 hereof. An accu- 
rate record of the cost of relocating such highway or highways 
or other property or facilities in public use, including the cost 
of acquisition of any lands, easements, rights of way or other 
property necessary thereto, and any expense incidental to the 
same, shall be kept, and the cost and expense thereof shall be 
paid by the Connecticut river valley flood control commis- 
sion in accordance with the terms of said compact or 
agreement; provided, however, that due allowance shall be 
made on account of any improved type of construction of such 
relocated highway or other property or facilities in public use. 
In the event that the board and the Connecticut river valley 
flood control commission can not agree as to the cost and ex- 
pense to be paid by the Connecticut river valley flood control 
commission on account of such highway relocation or other 
property or facilities in public use, either party may apply by 
petition to the superior court of the county wherein such high- 



222 Chapter 140 [1937 

way or other property or facilities in public use, or some part 
thereof is located, to fix and determine the same, and, upon 
hearing, said court shall thereupon ascertain and adjudge the 
amount thereof. 

4. Rights of State in Reservoiis, How Exercised. The 
board is hereby designated the agency, with the approval of 
the governor, to notify the United States through its war de- 
partment, before construction work is commenced upon any 
flood control reservoir authorized under said compact or agree- 
ment, of the determination by the state to preserve the value 
of any such site for the purpose of water conservation, power 
storage or power development which may be inherent in such 
site, in order that the design and construction of the dam and 
works at such site may be developed in such manner as to pro- 
vide for the further development thereof as a storage reser- 
voir for the purposes aforesaid and said board is hereby au- 
thorized, empowered and directed, with the approval of the 
governor and council, to enter into contracts or agreements 
with the United States respecting the terms and conditions 
under which such rights of water conservation, power storage 
or power development shall be made available. The said board 
is further authorized to approve on the part of the state of the 
type and general plans for the construction of such reservoirs 
as will provide for such further development in accordance 
with the terms and provisions of article VIII of said compact 
or agreement, and to acquire either by purchase or eminent 
domain in the manner provided by chapter 121 of the Laws of 
1935 and amendments thereto such additional lands, easements 
and rights of way as may be necessary for the full beneficial 
use of the rights reserved to the state under the terms of 
said compact or agreement. In providing for such further 
development and use of such reservoirs for the pur- 
poses reserved to the state as aforesaid, or in the acquisition 
of lands, easements or rights of way therefor, or for any flood 
control reservoir site, said board, with the approval of 
the governor and council, is authorized to enter into 
such contracts and agreements with such persons, including 
corporations, under such terms and subject to such conditions, 
as to it shall appear for the best interest and advantage of the 



1937] Chapter 140 223 

state. Said board, with the approval of the governor and coun- 
cil, may at any time hereafter, whenever it may determine that 
any reservoir constructed under the terms of said compact is 
desirable or necessary to be used for water conservation, 
power storage or power development, require the same to be 
adapted for that purpose in accordance with the provisions of 
article VIII of said compact or agreement. 

5. Board, Studies and Reports. The board is hereby au- 
thorized and directed to make or cause to be made such studies 
and investigations of the Connecticut river and its tributaries 
in the state, with particular reference to the matter of possible 
flood control reservoir sites on such tributaries, and the avail- 
abihty and feasibility of the same in connection with the 
further extension and expansion of a comprehensive program 
of flood control contemplated under said compact or agree- 
ment, as may be necessary to determine the character and 
location of reservoir sites that would be most beneficial to the 
state as a part of such program. Biennially, such board shall 
report its findings and recommendations in respect thereto to 
the legislature, to the end that the legislature may have full 
information concerning any proposed reservoir site that may 
hereafter be submitted to it by the Connecticut river valley 
flood control commission for its approval. 

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

[Approved June 30, 1937.] 



224 



Chapter 141 



[1937 



CHAPTER 141. 

AN ACT RATIFYING A PROPOSED AGREEMENT OR COMPACT 
BETWEEN THE STATE OF NEW HAMPSHIRE AND THE COMMON- 
WEALTH OF MASSACHUSETTS, THE STATE OF CONNECTICUT 
AND THE STATE OF VERMONT, RELATING TO THE CREATION 
OF THE CONNECTICUT RIVER VALLEY FLOOD CONTROL 
COMMISSION, PROVIDING FOR FLOOD CONTROL IN THE 
CONNECTICUT RIVER BASIN AND FOR CARRYING 
OUT THE PROVISIONS OF SAID AGREEMENT 
OR COMPACT. 



Section 

6. Compensation. 

7. Bonds and notes authorized. 

8. Accounts. 

9. Sale; disposition of proceeds. 

10. Payment. 

11. Short-term notes. 

12. Appropriation. 

13. Takes effect. 



Section 

1. Compact ; execution by com- 

missioners. 

2. Takes effect on ratification and 

approval. 

3. Special commissioners, 

vacancy. 

4. Flood control commissioners, 

appointment, term. 

5. Removal. 

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

1. Compact; Execution by Commissioners. The governor, 
with the advice and consent of the council, shall appoint three 
persons as commissioners, all or any two of whom are hereby 
authorized as commissioners upon the part of the state of New 
Hampshire, for and in its name and behalf to enter into and 
execute with the commonwealth of Massachusetts and the 
states of Connecticut and Vermont by and through the com- 
missioners appointed or who may be appointed under or by 
virtue of a law of the legislatures of said respective states, an 
agreement or compact in the form following, that is to say : 

Whereas, the commonwealth of Massachusetts and the 
states of Connecticut, New Hampshire and Vermont recognize 
that destructive floods upon the Connecticut river, upsetting 
orderly processes and causing loss of life and property, includ- 
ing the erosion of lands, and impairing and obstructing high- 
ways, railroads and other channels of commerce between the 
aforesaid states, constitute a menace, and that investigations 
and improvements of said Connecticut river and its tribu- 
taries, including the watersheds therof, for flood control pur- 
poses are in the interest of the general welfare of the aforesaid 
states ; and 



1937] Chapter 141 225 

Whereas, under section 4 of an act of the Congress of the 
United States of America entitled "Public-No. 738-74th Con- 
gress — An Act authorizing the construction of certain public 
works on rivers and harbors for flood control, and for other 
purposes," approved June 22, 1936, "the consent of Congress" 
was "given to any two or more states to enter into compacts 
or agreements in connection with any project or operation au- 
thorized by such act for flood control or the prevention of dam- 
age to life or property by reason of floods, upon any stream or 
streams or their tributaries which lie in two or more such 
states, for the purpose of providing, in such manner and such 
proportion as may be agreed upon by said states and approved 
by the secretary of war, funds for construction and mainte- 
nance, for the payments of damages, and for the purchase of 
lands, easements and rights of way in connection with such 
project or operation;" and 

Whereas, the Connecticut river, together with its tribu- 
taries, is such a waterway as is defined in said act of Congress 
above referred to, and the adequate and proper regulation of 
the destructive floods hereinbefore referred to upon said Con- 
necticut river and its tributaries can best be accomplished by 
the mutual agreement and co-operation of the states herein- 
before named, by and through a joint or common agency; and 

Whereas, under and by the terms of said act of Congress, 
hereinbefore referred to, the entire cost of construction of the 
various projects for flood control therein defined, is to be paid 
and discharged by the United States, and the signatory states 
hereto desire to avail themselves of the advantages and bene- 
fits accruing to them thereby and to be relieved of such cost of 
construction. 

Now, therefore, the said commonwealth of Massachusetts 
and states of Connecticut, New Hampshire and Vermont do 
hereby enter into the following compact, to wit : 

ARTICLE I 

The principal purposes of this compact are : 

(a) To promote interstate comity among and between the 
signatory states; 

(b) To provide adequate storage capacity for impounding 
the waters of the Connecticut river and its tributaries, de- 



226 Chapter 141 [1937 

signed primarily for the protection of life and property from 
floods ; 

(c) To provide a joint or common agency through which 
the signatory states, while promoting, protecting and preserv- 
ing to each the local interest and sovereignty of the respective 
signatory states, may more effectively co-operate in accom- 
plishing the object of flood control in the basin of the Con- 
necticut river and its tributaries, and, among other things : 

(1) To acquire by lease from the states signatory hereto, 
or some of them, all lands, easements and rights of way neces- 
sary for the construction of the projects herein contemplated, 
without cost to the United States, except as provided in said 
act of Congress hereinbefore referred to ; 

(2) To hold and save the United States free from damages 
due to the construction works ; 

(3) To maintain and operate all the works herein con- 
templated after completion in accordance with regulations 
prescribed by the secretary of war; 

(4) To accept from the signatory states hereto, and from 
any other source, contributions of moneys as hereinafter set 
forth for the purposes herein set forth, including without 
limiting the same, funds for the acquisition of lands, ease- 
ments and rights of way, for the payment of damages and for 
the operation and maintenance of said flood control reservoirs, 
and the expenses incidental thereto and to the functions of the 
Connecticut river valley flood control commission hereinafter 
created. 

ARTICLE II 

There is hereby created "The Connecticut River Valley 
Flood Control Commission," hereinafter referred to as the 
commission, which shall consist of twelve commissioners, three 
of whom shall be residents of the commonwealth of Massachu- 
setts ; three of whom shall be residents of the state of Con- 
necticut ; three of whom shall be residents of the state of New 
Hampshire ; and three of whom shall be residents of the state 
of Vermont. The members of said commission shall be chosen 
by their respective states in such manner and for such term 
as may be fixed and determined from time to time by the law 
of each of said states respectively by which they are ap- 
pointed. A commissioner may be removed or suspended from 



1937] Chapter 141 227 

office as provided by the law of the state for which he shall be 
appointed; and any vacancy occurring in said commission 
shall be iilled in accordance with the laws of the state where- 
in such vacancy exists. A majority of the members from each 
state shall constitute a quorum for the transaction of busi- 
ness, the exercise of any powers or the performance of any 
duties, but no action of the commission shall be binding un- 
less at least two of the members from each state shall vote in 
favor thereof. The compensation of the members of said com- 
mission shall be fixed, determined and paid by the state which 
they respectively represent. All necessary expenses incurred 
in the performance of their duties shall be paid from the funds 
of said commission. The commission shall elect from its mem- 
bers a chairman, vice-chairman, clerk and treasurer. Such 
treasurer shall furnish to said commission, at its expense, a 
bond with corporate surety, to be approved by said commis- 
sion, in such amount as said commission may determine, condi- 
tioned for the faithful performance of his duties. The com- 
mission shall adopt suitable by-laws, and shall make such rules 
and regulations as it may deem advisable governing the opera- 
tion of flood control projects, not inconsistent with the laws of 
the signatory states or laws of the United States, and any 
rules or regulations lawfully promulgated thereunder. The 
commission shall make an annual report to the governor of 
each of the signatory states, setting forth in detail the opera- 
tions and transactions conducted by it pursuant to this com- 
pact and any legislation thereunder, which said reports shall 
be submitted to the respective legislatures. The commission 
shall keep a record of all its meetings and proceedings, con- 
tracts and accounts, and shall maintain a suitable office, where 
its maps, plans, documents, records and accounts shall be kept, 
subject to public inspection at such times and under such 
regulations as the commission shall determine. 

ARTICLE III 

The commission shall constitute a body, both corporate and 
politic, with full power and authority, — 

(1) To acquire by lease and to hold lands, easements and 
rights of way for reservoirs herein contemplated, and for the 
use and enjoyment thereof; 



228 Chapter 141 [1937 

(2) To hold, maintain and operate reservoirs, including 
appurtenances, for the purposes of flood control ; 

(3) To receive funds and moneys from the signatory 
states or other sources, for the purpose of acquiring, operat- 
ing and maintaining such reservoirs as may hereafter be con- 
structed within the basin of the Connecticut river under the 
terms of this compact, including, without limiting the same, 
funds for the acquisition of lands, easements and rights of 
way, for the payment of damages and for the maintenance and 
operation of said reservoirs, and the expenses incidental 
thereto, and to the functions of the commission; 

(4) To sue and be sued ; 

(5) To have a seal and alter the same at pleasure; 

(6) To appoint and employ such agents and employees as 
may be required in the proper performance of the duties here- 
by committed to it, and to fix and determine their qualifica- 
tions, duties and compensation; 

(7) To enter into such contracts and agreements, and to 
do and perform any and all other acts, matters and things as 
may be necessary and essential to the full and complete per- 
formance of the powers and duties hereby committed to and 
imposed upon it in connection with the construction, operation 
and maintenance of the system of reservoirs hereby or here- 
after authorized and as may be incidental thereto ; and 

(8) To have such additional powers and duties as may 
hereafter be delegated to or imposed upon it from time to time 
by the action of the legislature of any of said states, concurred 
in by the legislatures of the other states. 

The commission shall be charged with the duty, and it is 
hereby authorized and empowered, to give such assurances, 
satisfactory to the secretary of war, as are required by sec- 
tion 3 of the act of Congress hereinbefore referred to. The 
commission shall make, or cause to be made, such studies as it 
may deem necessary, in co-operation with the war department, 
for the development of a comprehensive plan of flood control, 
as herein defined, and for the efficient management and regu- 
lation of said flood control system, and from time to time shall 
make reports and recommendations in respect thereto to the 
signatory states. The commission shall not pledge the credit of 
the signatory states, or any of them, nor shall it convey, en- 
cumber, or in any way undertake to alienate the lands, ease- 



1937] Chapter 141 229 

nients and rights of way so leased to it, as hereinafter pro- 
vided, or any part thereof, or any interest therein, except by 
and with the consent of the signatory states. 

ARTICLE IV 

There shall be established in the Connecticut river basin as 
an initial plan of flood control eight of the following eleven 
proposed reservoirs, to wit: 

(a) Three of the four following reservoirs in the state of 
Vermont. 

(1) At Victory on the Moose river, controlling a drainage 
area of approximately sixty-six (66) square miles, and pro- 
viding flood control storage for approximately seven (7) 
inches of run-off over said drainage area, the dam at said 
reservoir to be constructed in such manner as to provide for 
flood control, and in addition thereto to be so designed and 
constructed as to provide for further development by increas- 
ing the storage capacity, the added storage to be used for 
water conservation or power development at the option of the 
state of Vermont. 

(2) At Union Village on the Ompompanoosuc river, con- 
trolling a drainage area of approximately one hundred 
twenty-six (126) square miles, and providing flood control 
storage for approximately four and one-half (41/2) inches of 
run-off over said drainage area, the dam at said reservoir to 
be constructed in such manner as to provide for flood control 
and also for a recreational lake, to be maintained during the 
summer months at a substantially constant minimum level, to 
be fixed by the chief of engineers of the United States Army, 
except when increased temporary storage is required for flood 
control. 

(3) At North Hartland on the Ottauquechee river, con- 
trolling a drainage area of approximately two hundred 
twenty-two (222) square miles, and providing flood control 
storage for approximately four and one-tenth (4.1) inches of 
run-off over said drainage area, the dam at said reservoir to 
be for flood control purposes only. 

(4) At Groton pond on the Wells river, controlling a 
drainage area of approximately seventeen and three-tenths 
(17.3) square miles, and providing flood control storage for 
approximately seven (7) inches of run-off over said drainage 



230 Chapter 141 [1937 

area, and the dam at said reservoir to be constructed in such 
manner as to provide for flood control and also for a recrea- 
tional lake, the level of the water to be maintained during the 
summer months at a substantially constant minimum level, to 
be fixed by the chief of engineers of the United States Army, 
except when increased temporary storage is required for flood 
control. 

(b) Three reservoirs in the state of New Hampshire as 
follows : 

(1) At Bethlehem Junction on the Ammonoosuc river, 
controlling a drainage area of approximately ninety (90) 
square miles, and providing flood control storage for approxi- 
mately six (6) inches of run-off over said drainage area, the 
dam at said reservoir to be constructed in such manner as to 
provide for flood control and also for a recreational lake to be 
maintained during the summer months at a substantially con- 
stant minimum level, to be fixed by the chief of engineers of 
the United States Army, except when increased temporary 
storage is required for flood control. 

(2) At Stocker pond in the towns of Grantham and 
Springfield, controlling a drainage area of approximately 
thirty-four and four-tenths (34.4) square miles, and provid- 
ing flood control storage for approximately six (6) inches of 
run-off over said drainage area, the dam at said reservoir to 
be constructed for flood control, and in addition thereto to be 
so designed and constructed as to provide for further develop- 
ment by increasing the storage capacity, the added storage to 
be used for water conservation or power development, at the 
option of the state of New Hampshire. 

(3) At Surry Mountain on the Ashuelot river, controlling 
a drainage area of approximately one hundred (100) square 
miles, and providing flood control storage for approximately 
six (6) inches of run-off over said drainage area, the dam at 
said reservoir to be constructed in such manner as to provide 
for flood control, and in addition thereto to be so designed and 
constructed as to provide for further development by increas- 
ing the storage capacity, the added storage to be used for 
water conservation or power development, at the option of 
the state of New Hampshire. 

(c) Two of the four following reservoirs in the common- 
wealth of Massachusetts: 



1937] Chapter 141 231 

(1) At Knightville on the Westfield river, controlling a 
drainage area of approximately one hundred sixty-four (164) 
square miles, and providing flood control storage for approxi- 
mately four and five-tenths (4.5) inches of run-off over said 
drainage area, the dam at said reservoir to be constructed in 
such manner as to provide for flood control, and in addition 
thereto to be so designed and constructed as to provide for 
further development by increasing the storage capacity, the 
added storage to be used for water conservation or power de- 
velopment, at the option of the commonwealth of Massachu- 
setts ; or to be constructed in such manner as to provide for 
flood control and also for a recreational lake to be maintained 
during the summer months at a substantially constant mini- 
mum level, to be fixed by the chief of engineers of the United 
States Army, except when increased temporary storage is re- 
quired for flood control, as said commonwealth of Massachu- 
setts may elect. 

(2) At Tully on the Tully brook, a tributary of Millers 
river, controlling a drainage area of approximately fifty (50) 
square miles, and providing flood control storage for approxi- 
mately eight (8) inches of run-off over said drainage area, 
the dam at said reservoir to be constructed in such manner as 
to provide for flood control, and in addition thereto to be so 
designed and constructed as to provide for further develop- 
ment by increasing the storage capacity, the added storage to 
be used for water conservation or power development, at the 
option of the commonwealth of Massachusetts; or to be con- 
structed in such manner as to provide for flood control and 
also for a recreational lake to be maintained during the sum- 
mer months at a substantially constant minimum level, to be 
fixed by the chief of engineers of the United States Army, ex- 
cept when increased temporary storage is required for flood 
control, as said commonwealth of Massachusetts may elect. 

(3) At Priest pond on Priest brook, a tributary of Millers 
river, controlling a drainage area of approximately eighteen 
and eight-tenths (18.8) square miles, and providing flood 
control storage for approximately six (6) inches of run-off 
over said drainage area, the dam at said reservoir to be con- 
structed in such manner as to provide for flood control, and 
in addition thereto to be so designed and constructed as to 
provide for further development by increasing the storage 



232 Chapter 141 [1937 

capacity, the added storage to be used for water conservation 
or power development, at the option of the commonwealth of 
Massachusetts ; or to be constructed in such manner as to pro- 
vide for flood control, and also for a recreational lake to be 
maintained during the summer months, at a substantially con- 
stant minimum level, to be fixed by the chief of engineers of 
the United States Army, except when increased tempo- 
rary storage is required for flood control, as said common- 
wealth of Massachusetts may elect. 

(4) At Lower Naukeag on the Millers river, controlling a 
drainage area of approximately nineteen and seven-tenths 
(19.7) square miles, and providing flood control storage for 
approximately five and one-tenth (5.1) inches of run-off over 
said drainage area, the dam at said reservoir to be con- 
structed in such manner as to provide for flood control and 
also for a recreational lake, to be maintained during the sum- 
mer months at a substantially constant minimum level, to be 
fixed by the chief of engineers of the United States Army, ex- 
cept when increased temporary storage is required for flood 
control. 

The type and general plans for the construction of the eight 
reservoirs herein provided to be constructed as an initial plan 
of flood control on the Connecticut river basin, are to be ap- 
proved by the Connecticut river valley flood control commis- 
sion, hereinbefore created, before any construction work 
thereon is begun or prosecuted. So far as any of the fore- 
going reservoirs may be constructed for the combined purpose 
of flood control and recreational facilities, none of the signa- 
tory states wherein such reservoirs are located shall be 
obligated to pay any additional cost of construction. 

ARTICLE V 

To the end that the Connecticut river valley flood control 
commission may give to the secretary of war the assurances 
required under section 3 of the act of Congress hereinbefore 
referred to, and that the lands, easements and rights of way 
necessary for the construction by the United States of the 
reservoirs and structures thereon, herein contemplated, may 
be provided, each state at the request of said commission shall 
proceed forthwith to acquire title to and possession of the 
lands, easements and rights of way within its territorial 



1937] Chapter 141 233 

limits, which are determined and designated by the commis- 
sion for the construction of such reservoir or reservoirs. Such 
acquisition shall be by purchase or by the exercise of the right 
of eminent domain, as said commission may direct, and in the 
manner now or hereafter provided for by the laws of the 
states wherein such lands, easements and rights of way are 
located. Title to such lands, easements and rights of way 
shall be taken in the name of the state wherein the same are 
located. The cost of acquisition, as hereinafter defined, shall 
be borne by said commission and paid from and out of the 
funds contributed by the signatory states for such purpose, as 
hereinafter provided. Each state, upon notice from and at 
the sole expense of said commission, shall forthwith proceed 
to make, or cause to be made, such highway relocations, in- 
cluding the acquisition of all necessary rights of way therefor, 
and the construction of such relocated highway, as may be- 
come necessary therein because of the construction, operation 
and maintenance of any reservoir or reservoirs for flood control 
purposes. Provided, however, that due allowance shall be made 
on account of any improved type of construction of such relo- 
cated highway. The character, location, route and construction 
of such relocated highways shall be determined by the state 
wherein such relocated highway is situated, or by its represen- 
tatives. In like manner, such state, at the expense of the com- 
mission, and upon its request, shall procure the relocation of 
any railroad, electric transmission, telephone or telegraph 
lines, or other public utility structures, including new rights 
of way therefor as may be essential on account of the construc- 
tion, operation and maintenance of such reservoir for flood 
control purposes. 

ARTICLE VI 

The commission shall save the states in which such reser- 
voirs are located free and harmless from all loss, cost, dam- 
age or expense in connection with the control, operation and 
maintenance of such reservoir or reservoirs except as herein- 
after provided in articles IX and XI. The commission or the 
war department in the construction and maintenance of such 
reservoir or reservoirs shall cause the area which may be 
flowed thereby when full, to be cleared of buildings and all 
such trees, brush and underbrush as from time to time may be 



234 Chapter 141 [1937 

damaged or killed by such flowage ; shall cause borrow pits or 
banks, other excavations or unused accumulations of material 
and debris, to be leveled, graded, masked, removed or other- 
wise disposed of in such a way as to leave no holes or other 
unsightly conditions therein; and shall cause all water 
pockets to be properly drained and the premises affected by 
such flowage to be landscaped in such manner as may reason- 
ably preserve the natural condition of such premises before 
such construction, except as the same necessarily may be 
changed thereby. The lands, easements and rights of way 
leased shall be exempt from all taxation but the said commis- 
sion shall make payments on or before the first day of October 
of each year to each town in which such lands, easements and 
rights of way, respectively, are located, of a sum equal to the 
taxes which would have been assessed against the said lands, 
easements and rights of way in such town if the same had been 
included in the list of taxable property for such year, at the 
assessed valuation of the same as determined for the tax year 
1936. Provided, however, that no payment shall be made or 
required hereunder on account of reimbursement for loss of 
taxes on any structure which may be erected on such premises 
in connection with the construction or use of said project, or 
on account of any railroad or other public utility which may 
be relocated under the terms of this compact, and which is in- 
cluded in the list of taxable property in said town when re- 
located. When said lands, easements and rights of way es- 
sential to the construction of any dam or reservoir shall have 
been acquired as hereinbefore provided, the state wherein the 
same are located, shall make, execute and deliver to said com- 
mission a good and sufficient lease of the same, to include the 
structures thereon when completed and accepted by the state, 
except as hereinafter provided, upon the terms and conditions 
following, to wit: 

(a) The said commission shall save the state in which said 
reservoirs are respectively located, free and harmless from all 
loss, cost, damage or expense in connection with the control, 
operation and maintenance of said reservoir or reservoirs 
except as hereinafter provided in articles IX and XI. 

(b) In the construction and maintenance of such reservoir 
or reservoirs, the area which may be flowed thereby, when 
full, shall be cleared of buildings and of such trees, brush and 



1937] Chapter 141 235 

underbrush, as from time to time may be damaged or killed 
by such flowage; borrow pits or banks, other excavations or 
unused accumulations of material and debris, shall be leveled, 
graded, masked, removed or otherwise disposed of in such a 
way as to leave no holes or other unsightly conditions therein ; 
all water pockets shall be properly drained ; and the premises 
affected by such flowage shall be landscaped in such manner 
as may reasonably preserve the natural condition of such 
premises before such construction, except as the same neces- 
sarily may be changed thereby. 

(c) The lands, easements and rights of way hereby leased 
shall be exempt from all taxation; but the said commission 
shall make payments on or before the first day of October of 
each year to each town in which, such lands, easements and 
rights of way, respectively, are located, of a sum equal to the 
taxes which would have been assessed against the said lands, 
easements and rights of way in such town if the same had 
been included in the list of taxable property for such year, at 
the assessed valuation of the same as determined for the tax 
year 1936. Provided, however, that no payment shall be made 
or required hereunder on account of reimbursement for loss of 
taxes on any structure which may be erected on such premises 
in connection with the construction or use of said project; or 
on account of any railroad or other public utility which may 
be relocated under the terms of this agreement, and which 
thereafter is included in the list of taxable property in said 
town when relocated. 

(d) The lands, easements and rights of way herein de- 
scribed, are leased and demised solely for the purpose of flood 
control, and for no other purpose, and the said lessor hereby 
excepts from this lease and reserves unto itself all benefit or 
advantage of water conservation, power storage or power 
development, that may be inherent in such reservoir site, with 
the right, at such time as it may determine, and upon com- 
pliance with the requirements of the United States respecting 
the adjustment and payment of any added construction cost by 
reason of the type of construction adapted for that purpose, 
and the assumption and payment of the cost of acquiring any 
additional lands, easements and rights of way necessitated by 
such additional development, and the full preservation of the 



236 Chapter 141 [1937 

principal purpose of flood control, to develop the same in such 
manner and for such purpose as may be essential to the full 
beneficial use thereof. 

(e) The term of said lease shall be for the period of nine 
hundred and ninety-nine years, subject only to be defeated by 
a breach of the terms or the conditions in this article set forth. 

ARTICLE VII 

The cost of acquisition of lands, easements and rights of 
way, as used or referred to herein, shall be deemed to include 
the cost of : 

(1) The purchase or condemnation of lands, easements 
and riglits of way of every kind and nature required or es- 
sential in the construction, development, operation and main- 
tenance of such reservoirs as an effective agency for flood con- 
trol, and including, among other things, camp sites, borrow 
banks or pits, rock ledges, gravel deposits and rights of way 
thereto in the vicinity of the dam necessary for the construc- 
tion and maintenance thereof. Such camps are to be re- 
moved and the sites thoroughly cleaned up at no cost to the 
states or commission before being relinquished by the United 
States upon the completion of the construction work; 

(2) The reconstruction, relocation or elevation of public 
highways, including bridges or other structures ; 

(3) The reconstruction or relocation of public service 
utilities, including railroads and the alteration of bridges and 
structures thereon, whether publicly or privately owned ; 

(4) The reconstruction or relocation of telegraph, tele- 
phone or electric light or power distribution and transmis- 
sion lines, pipe lines, aqueducts, water or gas mains; and 

(5) Any other damages, expenses or costs that may be 
necessitated or incurred in procuring and providing the sites 
necessary for the construction of the reservoirs herein con- 
templated, including the cost and expense of acquiring such 
lands, easements and rights of way and procuring the recon- 
struction or relocation of the highways, bridges, railroads, 
telephone, telegraph and electric lines, pipes, aqueducts and 
mains above-mentioned, or the rights of way for the same, or 
any other similar expenditures. 



1937] Chapter 141 237 

ARTICLE VIII 

The rights to be acquired and exercised by the commission 
are solely for flood control purposes, and each of the re- 
spective signatory states wherein any reservoir may be situ- 
ated, reserves respectively unto itself, all benefit or advantage 
of water conservation, power storage or power development 
that may be inherent in such reservoir site. In the event any 
signatory state may wish to preserve to itself the value of 
such site for the purposes aforesaid, it may, through an ap- 
propriate agency of the state, so notify the United States, 
through its war department, before any construction work is 
commenced hereunder for flood control purposes, so that the 
design and construction of the dam at such site may be de- 
veloped in such manner as to provide for further development 
as a storage reservoir for the conservation of water, en- 
hancement of stream flow or power development. Provided, 
however, that nothing herein contained shall be deemed to 
prevent any such state, at its option, at any time hereafter, by 
itself or through such agency as it may designate, from 
developing any such reservoir or reservoirs for use for water 
conservation, power storage or power development, in order 
that it may avail itself of the full beneficial use and enjoy- 
ment of the rights herein reserved. In such event, such 
state shall pay or provide for the payment of all costs or 
expenses necessary for such further development, in- 
cluding adaptation of any existing dam and works to such 
purpose, in accordance with plans approved by the secre- 
tary of war, and at all times fully preserve the primary pur- 
pose of flood control. The terms and conditions under which 
any such signatory state shall make available the rights of 
water conservation, power storage or power development 
herein reserved shall be determined by separate agreement or 
arrangement between such state and the United States, and the 
type and general plans for the construction of such of the 
reservoirs as are herein contemplated to provide for such 
further development shall be approved by some agency of such 
state, for that purpose duly authorized, before any construc- 
tion thereon is begun or prosecuted. 



238 Chapter 141 [1937 

ARTICLE IX 

In order that an adequate fund may be established and 
created from which payments for the acquisition of lands, 
easements and rights of way may be made, the signatory 
states become bound and each hereby obligates itself to pay 
to the commission, the proportion of the cost of acquisition of 
lands, easements and rights of way respectively set forth be- 
low, and subject to the limitations hereinafter provided, as 
follows : 

(1) The commonwealth of Massachusetts fifty per cent 
thereof. 

(2) The state of Connecticut forty per cent thereof. 

(3) The state of New Hampshire five per cent thereof. 

(4) The state of Veimont five per cent thereof. Provided, 
however, that it is the understanding, intent and purpose of 
the parties hereto, that the cost of acquisition of lands, ease- 
ments and rights of way for eight reservoirs, provided for 
herein, shall not exceed the sum of two million seven hundred 
thousand dollars ($2,700,000) and that the drainage area of the 
Connecticut river basin to be controlled thereby shall be ap- 
proximately seven and sixty-one hundredths (7.61) per cent 
thereof; and it is expressly provided that the maximum 
amount to which each of the signatory states shall be bound 
or obligated for cost of acquisition of lands, easements and 
rights of way on account of said eight reservoirs shall not ex- 
ceed the respective proportions hereinbefore set forth of said 
sum of two million seven hundred thousand dollars 
($2,700,000). The fiscal year shall be deemed to begin on 
July first and end on June thirtieth. Payment by the signa- 
tory states of the cost of acquisition shall be made as and 
when requested by the commission on or after July 1, 1937; 
provided that no more than one half of said sum of two 
million seven hundred thousand dollars ($2,700,000) shall be 
required to be paid in any fiscal year after said date. 

ARTICLE X 

In the execution of the initial plan of eight reservoirs here- 
in contemplated said commission, with the approval of the 
secretary of war, shall determine the order in which the con- 
struction work of the same shall be commenced and prose- 
cuted, except that it is hereby declared to be the intent and 



1937] Chapter 141 239 

purpose of the signatory states that construction work shall 
be first begun on one reservoir project located in the common- 
wealth of Massachusetts and upon one reservoir project 
located respectively in each of the states of New Hampshire 
and Vermont before further construction work is begun on 
any other reservoir. The initial plan for the construction of 
eight reservoirs herein mentioned and provided for is part of 
a long range comprehensive program for flood control on the 
Connecticut river and its tributaries, the object and purpose of 
the signatory states being to enlarge and expand such flood con- 
trol projects to an ultimate control, including the reservoirs 
herein above-mentioned of approximately twenty-one per cent 
of the drainage area thereof, at a total maximum cost to the 
signatory states, including the cost herein specified, of not to 
exceed ten million five hundred seventy-five thousand dollars 
($10,575,000) ; and the contributions by the respective signa- 
tory states, in the proportions hereinbefore set forth, shall not 
in any event exceed the total amount above stated. In the 
further development of such comprehensive program, said 
commission shall determine from time to time the site, char- 
acter, location and extent of such additional reservoirs, sub- 
ject to the approval of the legislature of the state in which the 
same may be located. 

ARTICLE XI 

Each of the signatory states shall annually contribute and 
pay to the commission the respective proportions of the ex- 
pense of operation and maintenance of the flood control reser- 
voirs hereafter constructed under the terms of this agreement 
as follows: The commonwealth of Massachusetts fifty per 
cent thereof, the state of Connecticut forty per cent thereof, 
the state of New Hampshire five per cent thereof, the state of 
Vermont five per cent thereof, and each of said states shall 
make adequate provision for compliance on its part with the 
provisions of this article, and the same shall be made available 
as and when required upon the requisition of the commission. 
As a part of the expense of operation and maintenance of said 
reservoirs the commission shall assume and pay to the re- 
spective towns entitled thereto the cost of reimbursement for 
loss of taxes, as set forth and required in sub-paragraph (c) 
in article VI hereof, and shall pay all costs incident to or 



240 Chapter 141 [1937 

damages resulting from the operation and maintenance of 
such flood control reservoirs, and shall save the United States 
free and harmless on account thereof, and shall pay all other 
costs or expenses which may be necessary in the operation and 
maintenance thereof, including the expenses of the members 
of said commission hereinbefore provided to be paid out of 
the funds of said commission. 

ARTICLE XII 

Each of the signatory states hereby releases and discharges 
the others of and from all damages, which may be claimed to 
result from the obstruction, detention, impounding, storage, 
release or diversion of the waters of said Connecticut river 
and its tributaries, so far as the same may be in any way 
affected by the construction, operation or maintenance of the 
reservoirs herein contemplated. 

ARTICLE XIII 

This compact shall become operative and effective when ap- 
proved by the legislatures of each of the signatory states and 
by the Congress of the United States. Notice of approval 
shall be given by the governor of each state to the governors 
of the other states and to the President of the United States, 
and the President of the United States is requested to give 
notice to the governors of each of the signatory states of its 
approval by the Congress of the United States. 

2. Compact, Takes Effect on Ratification and Approval. 
The said agreement or compact when approved by the legisla- 
tures of each of said states and by the Congress of the United 
States, shall thereupon become operative and effective. The 
said agreement or compact is hereby ratified and approved and 
the governor is authorized and directed forthwith to notify 
the governors, respectively, of the said states and the Presi- 
dent of the United States, that the state of New Hampshire 
on its part has approved and ratified said compact or agree- 
ment. Upon its execution in quintuplicate by the commissioners 
of each of said states as aforesaid, a duly executed original 
thereof shall be filed in the office of the secretary of state of 
the state of New Hampshire, together with the original notice 
of ratification received from the governors of the remaining 



1937] Chapter 141 241 

signatory states, and such notice, if any, as may be received 
from the President or the Congress of the United States, 
signifying the approval by such Congress thereto. 

3. Special Commissioners, Vacancy. If by death, resigna- 
tion or otherwise, a vacancy occurs among those appointed 
hereunder to enter into and execute said compact or agreement 
for and on behalf of the state of New Hampshire, the gover- 
nor, with the advice and consent of the council, is hereby au- 
thorized to fill the same. 

4. Flood Control Commissioners, Appointment, Term. The 
state of New Hampshire shall be represented on "The Con- 
necticut River Valley Flood Control Commission" by three 
commissioners, appointed by the governor, with the advice and 
consent of the council. The term of office of said commission- 
ers shall be for six years and until their successors are ap- 
pointed and qualified. Within thirty days after said agree- 
ment or compact shall become effective as provided in section 
2 of this act the governor, with the advice and consent of the 
council, shall appoint three commissioners of the Connecticut 
river valley flood control commission to serve for terms of two, 
four and six years respectively. Thereafter all commissioners 
shall be appointed for the full term, except that commissioners 
appointed to fill vacancies shall hold office for the unexpired 
term. 

5. Flood Control Commissioners, Removal. The governor 
and council may at any time remove any such commissioner 
for inefficiency, neglect of duty, or malfeasance in office, upon 
hearing, after notice in writing to the commissioner of the 
charges against him. 

6. Commissioners, Compensation. The governor and 
council shall determine the compensation of said commission- 
ers. Each member of said commission appointed by the gover- 
nor and council who does not hold a salaried state office while 
he is a member thereof shall be compensated not to exceed 
fifteen dollars per day for each day's service performed by him 
in connection with his duties as such member. 

7. Bonds and Notes Authorized. For the purpose of carry- 
ing out the provisions of article IX of said compact or agree- 
ment relating to the payment by the state to the Connecticut 
river valley flood control commission of the proportionate 
share of the state in the cost of acquisition of lands, ease- 



242 Chapter 141 [1937 

ments and rights of way for the reservoirs therein provided as 
the initial plan, the state treasurer is hereby authorized, un- 
der the direction of the governor and council, to borrow upon 
the credit of the state sums not exceeding one hundred and 
thirty-five thousand dollars ($135,000) in all and for that pur- 
pose may issue bonds and notes in the name of and on behalf 
of the state of New Hampshire at a rate of interest to be 
determined by the governor and council at the time of ap- 
proval of the issue, said interest to be payable semi-annually. 
The maturity dates of such bonds and notes shall be not later 
than January 1, 1955. Such bonds and notes shall be in such 
form and such denominations and with such provisions for call 
or redemption as the governor and council may determine, may 
be registerable as to both principal and interest, shall be 
countersigned by the governor and council and shall be 
deemed a pledge of the faith and credit of the state. 

8. Accounts. The secretary of state shall keep an account 
of all such bonds and notes as 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 and note, showing the number thereof, 
the name of the person to whom sold, the amount received for 
the same, the date of the sale and the date of maturity. 

9. Sale; Disposition of Proceeds. The treasurer may 
negotiate and sell such bonds and notes by direction of, and in 
such manner as, the governor and council deem most ad- 
vantageous to the state. The proceeds of the sale of such 
bonds and notes shall be held by the treasurer and paid by 
him upon warrants drawn by the governor for the purposes set 
forth in section 7 alone. The governor, with the advice and 
consent of the council, shall draw his warrants for the pay- 
ment, from the funds provided for herein, of all sums expended 
or due for the purposes set forth in section 7. 

10. Payment. The bonds and notes authorized by section 
7 shall be a charge upon the sinking fund as constituted by 
chapter 126 of the Laws of 1931. 

11. Short-Term Notes. Prior to the issuance of bonds 
hereunder, the treasurer, under the direction of the governor 
and council, may for the purposes as set forth in section 7, 
borrow money from time to time on short-term loans to be re- 



1937] 



Chapter 142 



243 



funded by the issuance of the bonds hereunder, provided that 
at no one time shall the indebtedness of the state on such 
short-term loans exceed the sum of one hundred and thirty- 
five thousand dollars ($135,000). 

12. Appropriation; Expense of Operation and Maintenance. 
For the purpose of carrying out the provisions of article XI of 
said compact or agreement, relating to the payment by the 
state to the Connecticut river valley flood control commission 
of the proportionate share of the state in the expenses of opera- 
tion and maintenance of said reservoirs, there is hereby appro- 
priated the sum of five thousand dollars, or so much thereof as 
may be found necessary, for the fiscal year ending June 30, 
1938, and the sum of five thousand dollars or so much thereof 
as may be found necessary for the fiscal year ending June 30, 
1939. 

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

[Approved June 30, 1937.] 



CHAPTER 142. 



AN ACT EATIFYING A PROPOSED AGREEMENT OR COMPACT 
BETWEEN THE STATE OF NEW HAMPSHIRE AND THE COMMON- 
WEALTH OF MASSACHUSETTS, RELATING TO THE CREATION 
OF THE MERRIMACK RIVER VALLEY FLOOD CONTROL 
COMMISSION, PROVIDING FOR FLOOD CONTROL IN THE 
MERRIMACK RIVER BASIN AND FOR CARRYING OUT 
THE PROVISIONS OF SAID AGREEMENT OR COMPACT. 

Section 

1. Compact; execution by com- 

missioners. 

2. Takes eflfect on ratification 

and approval. 

3. Special commissioners, 

vacancy. 

4. Flood control commissioners, 

appointment, term. 

5. Removal. 

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

1. Compact; Execution by Commissioners. The governor, 
with the advice and consent of the council, shall appoint three 
persons as commissioners, all or any two of whom are hereby 



Section 




6. 


Compensation. 




7. 


Bonds and notes 


authorized. 


8. 


Accounts. 




9. 


Sale; disposition 


of proceeds 


10. 


Payment. 




11. 


Short-term notes. 




12. 


Appropriation. 




13. 


Takes effect. 





244 Chapter 142 [1937 

authorized as commissioners upon the part of the state of New 
Hampshire, for and in its name and behalf to enter into and 
execute with the commonwealth of Massachusetts by and 
through the commissioners appointed or who may be ap- 
pointed under or by virtue of a law of the legislatures of said 
state and commonwealth, an agreement or compact in the form 
following, that is to say: 

Whekeas, the commonwealth of Massachusetts and the 
state of New Hampshire recognize that destructive floods up- 
on the Merrimack river, upsetting orderly processes and caus- 
ing loss of life and property, including the erosion of lands, 
and impairing and obstructing highways, railroads and other 
channels of commerce between the aforesaid states, constitute 
a menace, and that investigations and improvements of said 
Merrimack river and its tributaries, including the watersheds 
thereof, for flood control purposes are in the interest of the 
general welfare of the aforesaid states; and 

Whereas, under section 4 of an act of the Congress of the 
United States of America entitled "Public-No. 738-74th 
Congress — An Act authorizing the construction of certain 
public works on rivers and harbors for flood control, and for 
other purposes," approved June 22, 1936, "the consent of 
Congress" was "given to any two or more states to enter into 
compacts or agreements in connection with any project or 
operation authorized by this act for flood control or the pre- 
vention of damage to life or property by reason of floods upon 
any stream or streams and their tributaries which lie in two 
or more such states, for the purpose of providing, in such 
manner and such proportion as may be agreed upon by such 
states and approved by the secretary of war, funds for con- 
struction and maintenance, for the payment of damages, and 
for the purchase of rights of way, lands, and easements in 
connection with such project or operation;" and 

Whereas, the Merrimack river, together with its tributaries, 
is such a waterway as is defined in said act of Congress above 
referred to, and the adequate and proper regulation of the 
destructive floods hereinbefore referred to upon said Merri- 
mack river and its tributaries can best be accomplished by the 
mutual agreement and co-operation of the states hereinbefore 
named, by and through a joint or common agency; and 



1937] Chapter 142 245 

Whereas, under and by the terms of said act of Congress, 
hereinbefore referred to, the entire cost of construction of the 
various projects for flood control therein defined, is to be paid 
and discharged by the United States, and the signatory states 
hereto desire to avail themselves of the advantages and bene- 
fits accruing to them thereby and to be relieved of such cost of 
construction. 

Now, therefore, the commonwealth of Massachusetts and 
state of New Hampshire do hereby enter into the following 
compact, to wit : 

ARTICLE I 

The principal purposes of this compact are: 

(a) To promote interstate comity between the signatory 
states ; 

(b) To provide adequate storage capacity for impounding 
the waters of the Merrimack river and its tributaries, designed 
primarily for the protection of life and property from floods ; 

(c) To provide a joint or common agency through which 
the signatory states, while promoting, protecting and preserv- 
ing to each the local interest and sovereignty of the re- 
spective signatory states, may more effectively co-operate in 
accomplishing the object of flood control in the basin of the 
Merrimack river and its tributaries, and, among other things : 

(1) To acquire by lease from the states signatory hereto, 
or either of them, all lands, easements and rights of way 
necessary for the construction of the projects herein con- 
templated, without cost to the United States, except as pro- 
vided in said act of Congress hereinbefore referred to ; 

(2) To hold and save the United States free from damages 
due to the construction works; 

(3) To maintain and operate all the works contemplated 
after completion in accordance with regulations prescribed by 
the secretary of war; 

(4) To accept from the signatory states hereto, and from 
any other source, contributions of moneys as hereinafter set 
forth for the purposes herein set forth, including without 
limiting the same, funds for the acquisition of lands, ease- 
ments and rights of way, for the payment of damages and for 
the operation and maintenance of said flood control reservoirs, 



246 Chapter 142 [1937 

and for the expenses incidental thereto and to the functions 
of the Merrimack river valley flood control commission 
hereinafter created. 

ARTICLE II 

There is hereby created "The Merrimack River Valley Flood 
Control Commission," hereinafter referred to as the commis- 
sion, which shall consist of six commissioners, three of whom 
shall be residents of the commonwealth of Massachusetts and 
three of whom shall be residents of the state of New Hamp- 
shire. Each state shall choose its members of said commission 
in such manner and for such terms as may from time to time 
be provided by the law thereof. A commissioner may be re- 
moved or suspended from office as provided by the law of the 
state which he represents; and any vacancy occurring in said 
commission shall be filled in accordance with the law of the 
state in whose representation such vacancy exists. A majority 
of the members from each state shall constitute a quorum for 
the transaction of business, the exercise of any powers or the 
performance of any duties, but no action of the commission 
shall be binding unless at least two of the members from each 
state shall vote in favor thereof. The compensation of the mem- 
bers of said commission shall be fixed and paid by the state 
which they respectively represent. All necessary expenses in- 
curred in the performance of their duties shall be paid from the 
funds of said commission. The commission shall elect from its 
members a chairman, vice-chairman, clerk and treasurer. Such 
treasurer shall furnish to said commission, at its expense, a 
bond with corporate surety, to be approved by said commission, 
in such amount as said commission may determine, conditioned 
for the faithful performance of his duties. The commission 
shall adopt suitable by-laws, and shall make such rules and 
regulations as it may deem advisable governing the operation 
of flood control projects, not inconsistent with the laws of the 
signatory states or laws of the United States, and any rules or 
regulations lawfully promulgated thereunder. The commission 
shall make an annual report to the governor of each of the 
signatory states, setting forth in detail the operations and 
transactions conducted by it pursuant to this compact and any 
legislation thereunder. The commission shall keep a record 



1937] Chapter 142 247 

of all its meetings and proceedings, contracts and accounts, 
and shall maintain a suitable office, where its maps, plans, 
documents, records and accounts shall be kept, subject to public 
inspection at such times and under such regulations as the 
commission shall determine. 

ARTICLE III 

The commission shall constitute a body, both corporate and 
politic, with full power and authority, — 

(1) To acquire by lease and to hold lands, easements and 
rights of way for reservoirs herein contemplated, including 
such reservoirs, when and as completed, and any and all lands, 
easements and rights of way which may be necessary for the 
use and enjoyment of said reservoirs; 

(2) To hold, maintain and operate reservoirs, including ap- 
purtenances, for the purposes of flood control; 

(3) To receive funds and moneys from the signatory states 
or other sources, for the purpose of acquiring, operating and 
maintaining such reservoirs as may hereafter be constructed 
within the basin of the Merrimack river under the terms of 
this compact, including, without limiting the same, funds for 
the acquisition of lands, easements and rights of way, for the 
payment of damages and for the maintenance and operation of 
said reservoirs, and the expenses incidental thereto and to the 
functions of the commission; 

(4) To sue and be sued; 

(5) To have a seal and alter the same at pleasure ; 

(6) To appoint, employ or contract with such agents and 
employees, including the New Hampshire water resources 
board, as may be required in the proper performance of the 
duties hereby committed to the commission, and to fix and de- 
termine the qualifications, duties and compensations of such 
agents and employees; 

(7) To enter into such contracts and agreements, and to 
do and perform any and all such acts, matters and things as 
may be necessary and essential to the full and complete per- 
formance of the powers and duties hereby committed to and 
imposed upon it in connection with the construction, operation 
and maintenance of the system of reservoirs hereby or here- 
after authorized and as may be incidental thereto ; and 



248 Chapter 142 [1937 

(8) To have such additional powers and duties as may 
hereafter be delegated to or imposed upon it from time to time 
by the action of the legislature of either of said states, concur- 
red in by the legislature of the other state. 

The commission shall be charged with the duty, and it is 
hereby authorized and empowered, to give such assurances, 
satisfactory to the secretary of war, as are required by sec- 
tion 3 of the act of Congress hereinbefore referred to. The 
commission may make, or may cause to be made, such studies 
as it may deem necessary, in co-operation with the war de- 
partment, for the development of a comprehensive plan of flood 
control, as herein defined, and for the eflficient management and 
regulation of said flood control system, and from time to time 
shall make reports and recommendations in respect thereto to 
the governors of the signatory states. The commission shall 
not pledge the credit of the signatory states, or either of them, 
nor shall it convey, encumber, or in any way undertake to 
alienate the lands, easements and rights of way leased to it, as 
hereinafter provided, or any part thereof, or any interest there- 
in, except by and with the consent of the signatory states. 

ARTICLE IV 

There shall be established in the Merrimack river basin as an 
initial plan of flood control the following two proposed reser- 
voirs, to wit : 

(1) At Franklin on the Pemigewasset river controlling a 
drainage area of approximately one thousand (1,000) square 
miles, and providing for flood control storage for approximately 
three and nineteen hundreths (3.19) inches of run-off over said 
drainage area, the dam at said reservoir to be constructed in 
such manner as to provide for flood control and in addition 
thereto to be so designed and constructed as to make it avail- 
able for conservation or recreational purposes up to fifty per 
cent of the volume during such portions of the year as may be 
approved by the secretary of war. 

(2) At Swetts Mills on the Blackwater river controlling a 
drainage area of one hundred and twenty-five (125) square 
miles and providing for approximately six and nine-tenths 
(6.9) inches of run-off over said drainage area, the dam of said 
reservoir to be constructed in such a manner as to provide for 
flood control, and in addition thereo, at the option of the state 



1937] Chapter 142 249 

of New Hampshire, to be so designed and constructed as to 
provide for further development by increasing storage 
capacity, the added storage to be used for water conservation 
or power development. 

The type and general plans for the construction of the two 
reservoirs herein provided to be constructed as an initial plan 
of flood control on the Merrimack river basin are to be ap- 
proved by the Merrimack river valley flood control commission, 
hereinbefore created, before any construction work thereon is 
begun or prosecuted. So far as any of the foregoing reser- 
voirs may be constructed for the combined purpose of flood 
control and conservation or recreational purposes, neither of 
the signatory states wherein such reservoirs are located shall 
be obligated to pay any additional cost of construction. 

ARTICLE V 

To the end that the Merrimack river valley flood control 
commission may give to the secretary of war the assurances 
required under section 3 of the act of Congress hereinbefore 
referred to, and that the lands, easements and rights of way 
necessary for the construction by the United States of the 
reservoirs and structures thereon, herein contemplated, may 
be provided, each state at the request of the commission shall 
proceed forthwith to acquire title to and possession of the 
lands, easements and rights of way within its territorial limits, 
which are determined and designated by the commission for 
the construction of such reservoir or reservoirs. Such acquisi- 
tion shall . be by purchase or by the exercise of the right of 
eminent domain, as said commission may direct, and in the 
manner now or hereafter provided for by the law of the state 
wherein such lands, easements and rights of way are located. 
Title to such lands, easements and rights of way shall be taken 
in the name of the state wherein the same are located. The 
cost of acquisition, as hereinafter defined, shall be borne by 
said commission and paid from and out of the funds con- 
tributed by the signatory states for such purpose, as herein- 
after provided. Each state, upon notice from and at the sole 
expense of said commission, shall forthwith proceed to make, 
or cause to be made, such highway relocations, including the 
acquisition of all necessary rights of way therefor, and the 
construction of such relocated highway, as may become neces- 
sary therein because of the construction, operation and mainte- 



250 Chapter 142 [1937 

nance of any reservoir or reservoirs for flood control purposes ; 
provided, however, that due allowance shall be made on ac- 
count of any improved type of construction of such relocated 
highway. The character, location, route and construction of 
such relocated highways shall be determined by the state 
wherein such relocated highways are situated. Any new or 
relocated highway shall, after construction, be and become a 
public way in the town in which located, or, if built as a relo- 
cation of a state highway, shall become a state highway, and 
when the commission shall have notified the town or the state, 
as the case may be, of the completion of said highway, the 
jurisdiction and responsibility of the commission over same 
shall cease and shall devolve upon the town or state in which 
the way is located. In like manner, such state, at the ex- 
pense of the commission and upon its request shall procure the 
relocation of any railroad, electric transmission, telephone or 
telegraph lines, or other public utility structures, including 
new rights of way therefor as may be essential on account of 
the construction, operation and maintenance of such reservoir 
for flood control purposes. 

ARTICLE VI 

The commission shall save the states in which such reser- 
voirs are located, free and harmless from all loss, cost, damage 
or expense in connection with the flood control, operation and 
maintenance of such reservoir or reservoirs except as herein- 
after provided in articles X and XII. 

In the construction and maintenance of such reservoir or 
reservoirs the commission shall cause the area which may be 
flowed thereby when full, to be cleared of buildings and all such 
trees, brush and underbrush as from time to time may be 
damaged or killed by such flowage; shall cause borrow pits or 
banks, other excavations or unused accumulations of material 
and debris, to be leveled, graded, masked, removed or otherwise 
disposed of in such a way as to leave no holes or other un- 
sightly conditions therein ; and shall cause all water pockets to 
be properly drained and the premises affected by such flowage 
to be landscaped in such manner as may reasonably preserve 
the natural condition of such premises before such construc- 
tion, except as the same necessarily may be changed thereby. 

The lands, easements and rights of way hereby leased shall 
be exempt from all taxation but the said commission shall 



1937] Chapter 142 251 

make payments on or before the first day of October of each 
year to each town in which such lands, easements and rights of 
way, respectively, are located, of a sum equal to the taxes which 
would have been assessed against the said lands, easements 
and rights of way in such town if the same had been included 
in the list of taxable property for such year, at the assessed 
valuation of the same as determined for the tax year 1936. 
Provided, however, that no payment shall be made or required 
hereunder on account of reimbursement for loss of taxes on 
any structure which may be erected on such premises in con- 
nection with the construction or use of said project, or on ac- 
count of any railroad or other public utility which may be 
relocated under the terms of this compact, and which there- 
after is included in the list of taxable property in said town 
when relocated. 

ARTICLE VII 

When said lands, easements and rights of way essential to 
the construction of any dam or reservoir shall have been 
acquired as hereinbefore provided, the state wherein the same 
are located shall make, execute and deliver to said commis- 
sion a good and sufficient lease of the same, to include the 
structures thereon when completed and accepted by the state, 
except as hereinafter provided, upon the terms and conditions 
following, to wit: 

(a) The said commission shall save the state in which said 
reservoirs are respectively located, free and harmless from all 
loss, cost, damage or expense in connection with the control, 
operation and maintenance of said reservoir or reservoirs ex- 
cept as hereinafter provided in articles X and XII. 

(b) In the construction and maintenance of such reservoir 
or reservoirs, the area which may be flowed thereby, when full, 
shall be cleared of buildings and of such trees, brush and un- 
derbrush as from time to time may be damaged or killed by 
such flowage; borrow pits or banks, other excavations or un- 
used accumulations of material and debris, shall be leveled, 
graded, masked, removed or otherwise disposed of in such a 
way as to leave no holes or other unsightly conditions therein ; 
all water pockets shall be properly drained; and the premises 
affected by such flowage shall be landscaped in such manner as 
may reasonably preserve the natural condition of such 



252 Chapter 142 [1937 

premises before such construction, except as the same neces- 
sarily may be changed thereby. 

(c) The lands, easements and rights of way hereby leased 
shall be exempt from all taxation; but the said commission 
shall make payments on or before the first day of October of 
each year to each town in which such lands, easements and 
rights of way, respectively, are located, of a sum equal to the 
taxes which would have been assessed against the said lands, 
easements and rights of way in such town if the same had been 
included in the list of taxable property for such year, at the 
assessed valuation of the same as determined for the tax year 
1936. Provided, however, that no payment shall be made or 
required hereunder on account of reimbursement for loss of 
taxes on any structure which may be erected on such premises 
in connection with the construction or use of said project ; or on 
account of any railroad or other public utility which may be 
relocated under the terms of this compact and which there- 
after is included in the list of taxable property in said town 
when relocated. 

(d) The lands, easements and rights of way herein 
described are leased and demised solely for the purpose of flood 
control, and for no other purpose, and the said lessor hereby 
excepts from this lease and reserves unto itself all benefit or 
advantage of water conservation, power storage or power 
development that may be inherent in such reservoir site, with 
the right, at such time as it may determine and upon com- 
pliance with the requirements of the United States respecting 
the adjustment and payment of any added construction cost by 
reason of the type of construction adapted for that purpose, 
and the assumption and payment of the cost of acquiring any 
additional lands, easements and rights of way necessitated by 
such additional developments, and the full preservation of the 
principal purpose of flood control, to develop the same in such 
manner and for such purpose as may be essential to the full 
beneficial use thereof. 

(e) The term of said lease shall be for the period of nine 
hundred and ninety-nine years, subject only to be defeated by 
a breach of the terms or the conditions in this article set forth. 



1937] Chapter 142 253 

ARTICLE VIII 

The cost of acquisition of lands, easements and rights of way, 
as used or referred to herein, shall be deemed to include the 
cost of: 

(1) The purchasing or condemning of lands, easements and 
rights of way of every kind and nature required or essential in 
the construction, development, operation and maintenance of 
such reservoirs as an effective agency for flood control, and in- 
cluding, among other things, camp sites, borrow banks or pits, 
rock ledges, gravel deposits and rights of way thereto in the 
vicinity of the dam necessary for the construction and mainte- 
nance thereof. 

(2) The reconstruction, relocation or elevation of public 
highways, including bridges or other structures ; 

(3) The reconstruction or relocation of public service utili- 
ties, including railroads and the alteration of bridges and 
structures thereon, whether publicly or privately owned ; 

(4) The reconstruction or relocation of telegraph, tele- 
phone or electric distribution and transmission lines, pipe lines, 
aqueducts, water or gas mains; 

(5) And any and all other damages, expenses or costs that 
may be necessitated or incurred in procuring and providing 
the sites necessary for the construction of the reservoirs here- 
in contemplated, including the cost and expense of acquiring 
such lands, easements and rights of way and procuring the 
reconstruction or relocation of the highways, bridges, rail- 
roads, telephone, telegraph and electric lines, pipes, aqueducts 
and mains above-mentioned, or the rights of way for the same, 
or any other similar expenditures. 

ARTICLE IX 

The rights to be acquired and exercised by the commission 
are solely for flood control purposes, and each of the re- 
spective signatory states, wherein any reservoir may be situ- 
ated, reserves respectively unto itself all benefit or advantage 
of water conservation, power storage or power development 
that may be inherent in such reservoir site. In the event 
either signatory state may wish to preserve to itself the value 
of such site for the purposes aforesaid, it may, through an ap- 
propriate agency of the state, so notify the United States, 
through the war department, before any construction work is 



254 Chapter 142 [1937 

commenced hereunder for flood control purposes, so that the 
design and construction of the dam at such site may be de- 
veloped in such manner as to provide for further development 
as a storage reservoir for the conservation of water, enhance- 
ment of stream flow or power development. Provided, how- 
ever, that nothing herein contained shall be deemed to prevent 
either state, at its option, at any time hereafter, by itself or 
through such agency as it may designate, from developing any 
such reservoir or reservoirs for use for water conservation, 
power storage or power development, in order that it may avail 
itself of the full beneficial use and enjoyment of the rights 
herein reserved. In such event, such state shall pay or provide 
for the payment of all costs or expenses necessary for such 
further development, including adaptation of any existing dam 
and works to such purpose, in accordance with plans approved 
by the secretary of war, and at all times fully preserve the 
primary purpose of flood control. The terms and conditions un- 
der which any such signatory state shall make available the 
rights of water conservation, power storage or power develop- 
ment herein reserved shall be determined by separate agree- 
ment or arrangement between such state and the 
United States, and the type and general plans for the con- 
struction of such of the reservoirs as are herein contemplated 
to provide for such further development shall be approved by 
some agency of such state, for that purpose duly authorized, 
before any construction thereon is begun or prosecuted. 

ARTICLE X 

In order that an adequate fund may be established and 
created from which payments for the acquisition of lands, 
easements and rights of way may be made, the signatory 
states become bound and each hereby obligates itself to pay to 
the commission the proportion of the cost of acquisition of 
lands, easements and rights of way respectively set forth be- 
low, and subject to the limitations hereinafter provided as 
follows : 

(1) The commonwealth of Massachusetts fifty per cent 
thereof. 

(2) The state of New Hampshire fifty per cent thereof. 
Provided, however, that it is the understanding, intent and 
purpose of the parties hereto that the cost of acquisition of 



1937] Chapter 142 255 

lands, easements and rights of way for two reservoirs, pro- 
vided for herein, shall not exceed the sum of two million two 
hundred and eighty-five thousand dollars ($2,285,000), and 
that the drainage area of the Merrimack river basin to be con- 
trolled thereby shall be approximately twenty-two and one- 
half (22.5) per cent thereof; and it is expressly provided that 
the maximum amount for the cost of acquisition of lands, ease- 
ments and rights of way to which each of the signatory states 
shall be bound or obhgated on account of said two reservoirs 
shall not exceed the respective proportions hereinbefore set 
forth of said sum of two million two hundred and eighty-five 
thousand dollars ($2,285,000). The fiscal year shall be deemed 
to begin on July first and end on June thirtieth. Payment by 
the signatory states of the cost of acquisition shall be made as 
and when requested by the commission on or after July 1, 
1937; provided that no more than one half of said sum of 
two million two hundred and eighty-five thousand dollars 
($2,285,000) shall be required to be paid in any fiscal year 
after said date. 

ARTICLE XI 

In the execution of the initial plan of two reservoirs herein 
contemplated said commission, with the approval of the secre- 
tary of war, shall determine the order in which the construc- 
tion work of the same shall be commenced and prosecuted. The 
initial plan for the construction of two reservoirs herein men- 
tioned and provided for is part of a long range comprehensive 
program for flood control on the Merrimack river and its tribu- 
taries, the object and purpose of the signatory states being to 
enlarge and expand such flood control projects to an ultimate 
control. In the further development of such comprehensive 
program, said commission shall determine from time to time 
the site, character, location and extent of such additional reser- 
voirs, subject to the approval of the legislature of the state in 
which the same may be located. 

ARTICLE XII 

Each of the signatory states shall annually contribute 
and pay to the commission the respective proportions of 
the expense of operation and maintenance of the flood 
control reservoirs hereafter constructed under the terms of 
this agreement as follows: The commonwealth of Massachu- 



256 Chapter 142 [1937 

setts fifty per cent thereof, the state of New Hampshire fifty 
per cent thereof, and each state shall make adequate provision 
for compliance on its part with the provisions of this article, 
and funds shall be made available as and when required upon 
the requisition of the commission. As a part of the expense 
of operation and maintenance of said reservoirs the commis- 
sion shall assume and pay to the respective towns entitled 
thereto the cost of reimbursement for loss of taxes, as set 
forth and required in the third paragraph of article VI hereof, 
and shall pay all costs incident to or damages resulting from 
the operation and maintenance of such flood control reservoirs, 
and shall save the United States free and harmless on account 
thereof, and shall pay all other costs or expenses which may be 
necessary in the operation and maintenance thereof, including 
the expenses of the members of said commission hereinbefore 
provided to be paid out of the funds of said commission. 

ARTICLE XIII 

Each of the signatory states hereby releases and discharges 
the other and the commission of and from all damages, which 
may be claimed to result from the obstruction, detention, im- 
pounding, storage, release or diversion of the waters of said 
Merrimack river and its tributaries, so far as the same may be 
in any way affected by the construction, operation or mainte- 
nance of the reservoirs herein contemplated. 

ARTICLE XIV 

This compact shall become operative and effective when ap- 
proved by the legislatures of each of the signatory states and 
by the Congress of the United States. Notice of approval shall 
be given by the governor of each state to the governor of the 
other state and to the President of the United States, and the 
President of the United States is requested to give notice to the 
governor of each of the signatory states of its approval by the 
Congress of the United States. 



1937] Chapter 142 257 

In Witness Whereof, this compact has been executed by the 
Commonwealth of Massachusetts on the day of 

A. D. 19 , by its Planning Board thereunto 
lawfully authorized, and by the State of New Hampshire on 
the day of A. D. 19 , by its 

commissioners thereunto lawfully authorized. 

For the Commonwealth of Massachusetts. 



Chairman of State Planning Board. 
For the State of New Hampshire, 



2. Compact, Takes Effect on Ratification and Approval. The 

said agreement or compact when approved by the legislatures 
of each of said states and by the Congress of the United States, 
shall thereupon become operative and effective. The said 
agreement or compact is hereby ratified and approved and the 
governor is authorized and directed forthwith to notify the 
governor of the commonwealth of Massachusetts and the Presi- 
dent of the United States, that the state of New Hampshire 
on its part has approved and ratified said compact or agree- 
ment. Upon its execution in quintuplicate by the commission- 
ers of each of said states as aforesaid, a duly executed original 
thereof shall be filed in the office of the secretary of state of 
the state of New Hampshire, together with the original notice 
of ratification received from the governor of the commonwealth 
of Massachusetts, and such notice, if any, as may be received 
from the President or the Congress of the United States, signi- 
fying the approval by such Congress thereto. 

3. Special Commissioners, Vacancy. If by death, resigna- 
tion or otherwise, a vacancy occurs among those appointed 
hereunder to enter into and execute said compact or agreement 
for and on behalf of the state of New Hampshire, the governor, 
with the advice and consent of the council, is hereby authorized 
to fill the same. 

4. Flood Control Commissioners, Appointment, Term. The 
state of New Hampshire shall be represented on "The Merri- 
mack River Valley Flood Control Commission" by three com- 



258 Chapter 142 [1937 

missioners, appointed by the governor, with the advice and 
consent of the council. The term of office of said commissioners 
shall be for six years and until their successors are appointed 
and qualified. Within thirty days after said agreement or 
compact shall become effective as provided in section 2 of this 
act the governor, with the advice and consent of the council, 
shall appoint three commissioners of the Merrimack river 
valley flood control commission to serve for terms of two, four 
and six years respectively. Thereafter all commissioners shall 
be appointed for the full term, except that commissioners ap- 
pointed to fill vacancies shall hold office for the unexpired term. 

5. Flood Control Commissioners, Removal. The governor 
and council may at any time remove any such commissioner 
for inefficiency, neglect of duty, or malfeasance in office, upon 
hearing, after notice in writing to the commissioner of the 
charges against him. 

6. Commissioners, Compensation. The governor and coun- 
cil shall determine the compensation of said commissioners. 
Each member of said commission appointed by the governor 
and council who does not hold a salaried state office while he 
is a member thereof shall be compensated not to exceed fifteen 
dollars per day for each day's service performed in connection 
with his duties as a member. 

7. Bonds and Notes Authorized. For the purpose of carry- 
ing out the provisions of article X of said compact or agree- 
ment relating to the payment by the state to the Merrimack 
valley flood control commission of the proportionate share of 
the state in the cost of acquisition of lands, easements and 
rights of way provided for herein the state treasurer is hereby 
authorized, under the direction of the governor and council, to 
borrow upon the credit of the state sums not exceeding one 
million one hundred forty-three thousand dollars ($1,143,000) 
in all and for that purpose may issue bonds and notes in the 
name of and on behalf of the state of New Hampshire at a rate 
of interest to be determined by the governor and council at the 
time of approval of the issue, said interest to be payable semi- 
annually. The maturity dates of such bonds and notes shall be 
not later than January 1, 1955. Such bonds and notes shall be 
in such form and such denominations and with such provisions 
for call or redemption as the governor and council may deter- 
mine, may be registerable as to both principal and interest, 



1937] Chapter 142 259 

shall be countersigned by the governor and council and shall be 
deemed a pledge of the faith and credit of the state. 

8. Accounts. The secretary of state shall keep an account 
of all such bonds and notes as 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 ac- 
count of each bond and note, showing the number thereof, the 
name of the person to whom sold, the amount received for the 
same, the date of the sale and the date of maturity. 

9. Sale; Disposition of Proceeds. The treasurer may 
negotiate and sell such bonds and notes by direction of, and in 
such manner as, the governor and council deem most advan- 
tageous to the state. The proceeds of the sale of such bonds 
and notes shall be held by the treasurer and paid by him upon 
warrants drawn by the governor for the purposes set forth in 
section 7 alone. The governor, with the advice and consent of 
the council, shall draw his warrants for the payment, from the 
funds provided for herein, of all sums expended or due for the 
purposes set forth in section 7. 

10. Payment. The bonds and notes authorized by section 
7 shall be a charge upon the sinking fund as constituted by 
chapter 126, of the Laws of 1931. 

11. Short-Term Notes. Prior to the issuance of bonds 
hereunder, the treasurer, under the direction of the governor 
and council, may for the purposes as set forth in section 7, 
borrow money from time to time on short-term loans to be re- 
funded by the issuance of the bonds hereunder, provided that 
at no one time shall the indebtedness of the state on such short- 
term loans exceed the sum of one million one hundred forty- 
three thousand dollars ($1,143,000) . 

12. Appropriation; Expense of Operation and Maintenance. 
For the purpose of carrying out the provisions of article XII 
of said compact or agreement, relating to the payment by the 
state to the Merrimack river valley flood control commission of 
the proportional share of the state in the expenses of operation 
and maintenance of said reservoirs, there is hereby appro- 
priated the sum of fifteen thousand dollars ($15,000), or so 
much thereof as may be found necessary, for the fiscal year 
ending June 30, 1938, and the sum of fifteen thousand dollars 
($15,000), or so much thereof as may be found necessary, for 
the fiscal year ending June 30, 1939. 



260 



Chapter 143 



[1937 



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

[Approved June 30, 1937.] 



CHAPTER 143. 

AN ACT CREATING A PROBATION DEPARTMENT. 



Section 

1. Board of probation. 

2. Duties of the board. 

3. Executive officer. 

4. Office quarters and expenses. 

5. Probation officers selected and 

assigned. 

6. Compensation and quarters. 

7. Bonds. 

8. Powers and duties. 
Probation and suspension of 

sentence. 



9. 



Section 

10. Investigations. 

11. Collections and disbursements. 

12. Receipts. 

13. Recognizance. 

14. Violation and termination of 

probation. 

15. Transfers. 

16. Authority limited. 

17. Separability. 

18. Appropriations. 

19. Takes effect. 



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

1. Board of Probation. There shall be a board of proba- 
tion, created immediately upon the passage of this act, said 
board to consist of three members, not more than two of whom 
shall be from any one major political party, to be appointed by 
the governor and council, for periods of three, two and one 
years respectively, and thereafter one every year for a three- 
year term to fill the vacancy then arising. All members of the 
board shall serve without pay, but shall be reimbursed by the 
state for the necessary expenses incurred in the performance 
of their duties. Any member of the board may be removed 
for cause by the governor, with the advice and consent of the 
council. The board shall elect a chairman and clerk. 

2. Duties of the Board. The duties of the board shall be 
(1) to employ an executive officer, (2) to make available by em- 
ployment or otherwise necessary psychiatric and psychological 
service, (3) to estabhsh rules and regulations for the selection, 
employment, training and work of probation officers, and (4) 
to report biennially to the general court facts and recommenda- 
tions relating to the administration of justice in this field. 

3. Executive Officer. The board shall appoint a director of 
probation. He shall perform such duties as may be required 
of him by the board and shall receive from the state such 



1937] Chapter 143 261 

salary as is fixed by the board, with the approval of the gover- 
nor and council, and shall be allowed the necessary expense 
incurred in the performance of his duties. 

4. Office Quarters and Expenses. The director shall be 
provided with suitable office accommodations and may employ 
such office assistants as the board shall deem necessary. 

5. Probation Officers Selected and Assigned. Probation 
officers shall be appointed by the board upon the recommenda- 
tion of the director from a list found qualified by the board. 
Such officers shall be assigned to and reside in counties or dis- 
tricts of the state to be designated by the board. For a period 
of two years from the passage of this act no more than four 
probation officers shall be appointed by the board. However, 
municipal courts in towns having a population of over five 
thousand shall and other courts may appoint one or more 
qualified probation officers for their respective courts. Such 
officers shall be subject to supervision by the board and each 
shall hold his office during the pleasure of the board. 

6. Compensation and Quarters. The salaries of state pro- 
bation officers shall be fixed by the board, with the approval of 
the governor and council, and paid by the state treasurer. The 
salary of each court-appointed officer shall be fixed by the 
justice of the court under whose jurisdiction he acts, and shall 
be paid by the town in which the court is established. The 
board shall secure such quarters and office facilities in the 
county or counties to which the state probation officers are as- 
signed as may be reasonably required. Expenses to be in- 
curred by a state probation officer in going out of the state for 
purposes directed by a court, shall be advanced on the court's 
order and be accounted for by the officer upon his return. All 
such expenses shall be audited by the court and charged to 
funds appropriated by the state for the administration of the 
act. 

7. Bonds. Before performing any official duty each state 
probation officer shall give a suitable bond at the expense of the 
state. 

8. Powers and Duties. The duties of probation officers 
shall be: 

I. To investigate at the request of any court any case, 
matter or question, whether then pending or not, and to report 
to such court the result of such investigation, with recom- 
mendations. 



262 Chapter 143 [1937 

II. To take charge of such persons before, at and after 
hearing of their cases as the court may direct, and transport 
them to agencies or institutions to which they may be com- 
mitted, and to perform any duties as probation officers, 
assigned to them by the board or any court. 

III. To supervise persons released on parole by any in- 
stitution, if so requested by such institution, on such terms and 
conditions as may be agreed to by the board. 

IV. To receive under supervision, upon the request of any 
court, any person placed on probation, or ordered to pay any 
sums for support in a judgment of divorce, legal separation, 
non-support or illegitimacy. 

V. To keep informed concerning the conduct and con- 
ditions of persons on probation and impel their obedience to 
the orders of the court. 

VI. To keep detailed records of each case, accounts of all 
money collected and disbursed, and to give and obtain receipts 
therefor, and to make such reports to the courts and to the 
board as they may require. 

VII. To perform all other duties within the general pur- 
view of this and other related acts in the execution of which 
they shall have all the powers of police officers under the laws 
of this state. 

9. Probation and Suspension of Sentence. Any court shall 
have power to suspend imposition or execution of sentence and 
to place the defendant on probation for a period not to exceed 
five years. 

10. Investigations. No defendant shall be placed on proba- 
tion until the report of the investigation by a probation officer 
shall have been presented to and considered by the court hav- 
ing jurisdiction. Whenever a petition for the adoption of or 
the appointment of a guardian over a minor under eighteen 
years of age is filed in any court of probate, the judge thereof 
may cause an investigation and report to be made by a proba- 
tion officer for his consideration. 

11. Collections and Disbursements. The collection and dis- 
bursement of fines and restitution-payments and payments 
ordered in divorce, non-support and bastardy cases may be 
made by probation officers when so ordered by the court. 

12. Receipts. The probation officer shall give and take re- 
ceipts upon forms prescribed by the board for all money re- 



1937] Chapter 143 263 

ceived or paid out by him. Receipts taken and duplicates of 
receipts given shall be filed with the clerk of the court in which 
the case is pending. 

13. Recognizance. The court, in releasing a person from 
custody on probation, may, in its discretion, require him to 
enter into a recognizance, with or without surety, in such sum 
as the court may order. 

14. Violation and Termination of Probation. The court may 
at any time discharge a person from probation. In case a proba- 
tioner has violated any of the conditions of his probation any 
probation officer with or without a warrant, and any other 
officer with a warrant may arrest him, and the court, after 
summary hearing, may make such orders as justice requires. 

15. Transfers. A court may, when justice or convenience 
requires, transfer a person on probation from the supervision 
of one probation officer to that of another. 

16. Authority Limited. This act shall not be construed as 
authorizing any public official, agent or representative in carry- 
ing out any of the provisions of this act to take charge of any 
child over the objection of either of the parents of such child 
or of the person standing m loco parentis to such child, except 
pursuant to a court order. 

17. Sepai'ability. If any provision of this act is declared 
unconstitutional or the application thereof to any person or 
circumstances is held invalid, the validity of the remainder of 
the act and the application of such provision to other persons 
and circumstances shall not be affected thereby. 

18. Appropriation. There shall be and is hereby appro- 
priated for this act the sum of twenty-five thousand dollars for 
the fiscal year ending June 30, 1938, and the sum of twenty- 
five thousand dollars for the fiscal year ending June 30, 1939. 

19. Takes Effect. This act shall take effect October 1, 
1937. and all acts or parts of acts inconsistent herewith are 
hereby repealed. 

[Approved June 30, 1937.] 



264 Chapter 144 [1937 

CHAPTER 144. 

AN ACT RELATING TO THE TAKING OF FISH. 

Section I Section 

1. Open season, brook trout. | 3. Takes effect. 

2. Limit; smelt. i 

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

1. Open Season. Amend section 2, chapter 155, Laws of 
1935, by striking out the same and inserting in place thereof 
the following: 2. Brook Trout. Brook trout not less than 
seven inches in length may be taken by the use either of bait 
or artificial flies from May first to September first, and during 
the month of September by the use of artificial flies only, from 
the following waters: 

J * Ferrin pond in Weare, Gustin pond in Marlow, Hall 
ponds in Sandwich, Jackknife Hill brook in Errol and Lily 
pond in Gilford. 

H.f Long pond in Benton, Lucas pond in Northwood, 
Martin Meadow pond in Lancaster, Millsfield pond brook in 
Millsfield and Errol, Mount William pond in Weare, Nippo 
pond in Barrington. 

HI. Pine river in Effingham and Ossipee, Pleasant pond 
in Deerfield, Poverty pond in Hill, Robartwood lake in Camp- 
ton, Rocky Bound pond in Croydon and Round pond in Pitts- 
burg. 

IV.* Saltmarsh pond in Gilford, Shawtown pond in 
Freedom, Smoky Camp brook in Errol, Spectacle pond in 
Groton and Hebron, Sand pond in Marlow and Stratford Bog 
in Stratford. 

V. Of brook trout taken under the preceding provisions 
of this section 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 addi- 
tional fish. 

2-a. Brook Trout. Brook trout not less than seven inches 
in length may be taken by the use either of bait or artificial 
flies from May twentieth to September first and by the use of 



* Amended, chapter 170, post. 

t Amended, chapters 170, 188, post. 



1937] Chapter 145 265 

artificial flies only during the month of September from Back 
lake in Pittsburg and Little Diamond pond in Stewartstown ; 
and said trout may be taken by the use either of bait or arti- 
ficial flies from April fifteenth, or as soon thereafter as the ice 
goes out, to September first and by the use of artificial flies 
only during the month of September from Partridge lake in 
Littleton. The provisions of paragraph V of section 2 shall ap- 
ply to the taking of brook trout under the provisions of this 
section. 

2. Limit. Amend section 15 of chapter 201 of the Public 
Laws, as inserted by section 5 of chapter 124 of the Laws of 
1935, by striking out the whole of said section 15 and inserting 
in place thereof the following: 15. Smelt. Fresh water 
smelt may be taken and possessed by means of a dip net, held 
in the hand, and 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 five pounds of fresh water smelt be- 
tween twelve o'clock noon in one day and twelve o'clock noon 
the following day. They may be bought and sold only for use 
as bait. 

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

[Approved June 30, 1937.] 



CHAPTER 145. 

AN ACT RELATING TO FLY FISHING. 

Section I Section 

1. Brook trout; fly fishing. 1 2. Takes effect. 

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

1. Open Season. Amend section 1, chapter 155 of the Laws 
of 1935 by striking out the whole of said section and inserting 
in place thereof the following: 1. Brook Trout; Fly Fishing. 
Brook trout not less than seven inches in length may be taken 
from May first to October first, except as hereinafter provided, 
by the use of artificial flies only from the following waters. No 
person may have in his possession more than two days' legal 
catch. 

I. Armington lake in Piermont, Beaver pond in Wood- 
stock, Clarksville pond in Clarksville, East Inlet and tributaries 



266 Chapter 145 [1937 

to Second Connecticut lake in Pittsburg, Coon Brook Bog in 
Pittsburg, the Connecticut river from the First Connecticut 
lake dam to the covered bridge at the Archie Heath place, so- 
called, in Pittsburg. 

II. Duck pond in Weare, Echo lake in Conway, Glen Ellis 
river, between covered bridge in Jackson and Goodrich Falls 
dam in Bartlett, Grimestone reservoir in Belmont. 

III. Hunkins pond in Sanbornton, James pond in Tam- 
worth. Little Millsfield pond in Millsfield, Mirror lake in Wood- 
stock. 

IV. Newfound river from the dam at the outlet of New- 
found lake to the Dodge and Davis woolen mill dam in Bristol, 
March pond in Hill, Moody pond in Weare, Moose pond in Mills- 
field, Morey pond in Andover. 

V. Profile lake in Franconia, Round pond in Nottingham. 

VI. Sawyer pond in Livermore, Scobie's pond in Derry, 
Scott's Bog in Pittsburg, Swift river in Tamworth, Stone- 
house pond in Barrington, Upper pond of Ellsworth Three 
ponds in Ellsworth and Warren. 

VII. White pond in Ossipee. 

VIII. No person, taking brook trout as provided in the 
preceding provisions of this section, 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. 

IX. Adams pond in Hill, Reservoir pond in Hill, Shaw pond 
in Franklin, Stirrup Iron brook pond in Salisbury, provided 
that no person may take from said ponds more than five in 
number nor more than five pounds in weight when taken, in 
one day except that so long as he has taken less than five in 
number or five pounds in weight he shall be entitled to take 
one additional fish. 

X. 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 take one additional fish. 

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

[Approved June 30, 1937.] 



1937] Chapters 146, 147 267 

CHAPTER 146. 

AN ACT EXTENDING THE APPROPRIATIONS HERETOFORE MADE FOR 
OLD AGE ASSISTANCE AND POOR RELIEF. 



Section 
3. Takes eflfect. 



Section 

1. Time extended. 

2. Appropriations extended. 

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

1. Time Extended. Amend section 24 of chapter 20 of the 
Laws of 1935 by striking out the date "June 30" and inserting 
in place thereof the date July 31, so that said section as amended 
shall read as follows : 24. Duration of Act.* The provisions 
of this act shall terminate July 31, 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 organization for supervision of poor relief hereby 
set up shall be wound up and liquidated. 

2. Appropriations Extended. Any balance of funds appro- 
priated by chapter 20 of the Laws of 1935, for the board of 
welfare and relief, and any balance of funds appropriated by 
section 25, chapter 127, Laws of 1935, for old age assistance, 
are hereby made available to the board of welfare and relief 
for the purposes of said chapters 20 and 127 for the period 
from June 30 to July 31, 1937. 

3. Takes Effect. This act shall take effect as of June 30, 
1937. 

[Approved June 30, 1937.] 



CHAPTER 147. 

AN ACT AUTHORIZING TOWNS, CITIES AND OTHER MUNICIPAL 

CORPORATIONS TO ACCEPT THE WORKMEN'S COMPENSATION 

PROVISIONS OF CHAPTER 178 OF THE PUBLIC LAWS. 

Section I Section 

1. Workmen's compensation. | 2. Takes effect. 

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

1. Workmen's Compensation. Amend chapter 178 of the 
Public Laws by inserting after section 4 the following new sec- 



* Amended, chapters 177, 185, 202, post. 



268 Chapter 148 [1937 

tion: 4-a. Acceptance, Towns and Municipalities. Any 

county, town, city, school district, or any other district estab- 
lished by law, may accept for designated or for all workmen in 
its employ, the provisions of this chapter as contained in the 
succeeding sections, and it shall thereafter be liable to such 
workmen for any injury arising out of and in the course of 
their employment in the manner provided in the following 
sections. The liability of any county, town, city, or district 
accepting said provisions of this chapter shall not otherwise 
be enlarged or extended. The acceptance for a county may be 
made by the commissioners thereof, for a town by the select- 
men thereof, for a city by the city council or by any board or 
officer having like powers, for a school district by the school 
board thereof, and for any other district by the commissioners 
thereof. The commissioners or municipal board having by law 
the management of a municipal water works, municipal light- 
ing plant, or any municipal department created by law may for 
the district, town or other municipality responsible therefor 
accept said provisions as to workmen employed in such water 
works, lighting plant, or other municipal department. The ac- 
ceptance shall be in writing and effective when filed with the 
commissioner of labor. Revocation of such acceptance may be 
made in the same manner as the acceptance and the revocation 
shall be effective when filed with the commissioner of labor. 

2. Takes Effect. This act shall take effect June 30, 1937. 

[Approved June 30, 1937.] 



CHAPTER 148. 

AN ACT TO PROVIDE FOR CO-OPERATION WITH THE UNITED STATES 
GEOLOGICAL SURVEY IN THE ESTABLISHMENT AND MAIN- 
TENANCE OF STREAM FLOW GAUGING STATIONS, AND 
FOR AN EXTENSION OF TIME FOR USE OF FUNDS 
APPROPRIATED FOR THE NEW HAMPSHIRE 
WATER RESOURCES BOARD. 

Section I Section 

1. Stream flow gauging stations. 3. Extension of appropriation. 

2. Appropriation. I 4. Takes effect. 

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

1. Stream Flow Gauging Stations. The New Hampshire 
water resources board shall co-operate with the United States 



1937] Chapter 149 269 

Geological Survey in the establishment and maintenance of 
stream flow gauging stations on streams in this state for the 
purpose of providing the people and industries of this state 
with information which will assist them in the determination 
of plans for flood prevention and the conservation of natural 
water resources of the state, for water supply, recreation, sani- 
tation and power production. 

2. Appropriation. For carrying out the purposes of the 
preceding section the sum of seven thousand two hundred and 
fifty dollars ($7,250) is hereby appropriated for the fiscal year 
beginning July 1, 1937, and a like sum for the year beginning 
July 1, 1938. Of the sums herein appropriated, the sum of 
two thousand seven hundred and fifty dollars ($2,750) for each 
of said years shall be a charge upon the highway funds, and 
the sum of four thousand five hundred dollars ($4,500) for 
each of said years shall be a charge upon the funds provided 
by section 18, chapter 121, Laws of 1935. 

3. Extension of Appropriation. Any unexpended balance 
of the appropriation of one hundred thousand dollars provided 
for by section 18 of chapter 121 of the Laws of 1935 is hereby 
made available to the New Hampshire water resources board, 
for the purposes of said chapter 121, for the purposes of chap- 
ter 133, Laws of 1937, and for purposes specified by this act, 
for the biennium ending June 30, 1939. 

4. Takes Effect. This act shall take effect July 1, 1937. 
[Approved July 1, 1937.] 



CHAPTER 149. 

AN ACT RELATING TO PAYMENT OF WAGES. 



Section 
2. Takes effect. 



Section 
1. Payment of wages in cases of 
discharged employees and 
employees quitting. 

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

1. Wages. Amend chapter 176 of the Public Laws by in- 
serting after section 28-a, as inserted by section 2, chapter 102, 
Laws of 1935, the following new section : 28-b. Employees 
who are Separated From Pay Roll Before Pay Days. 

L Discharged Employees. Whenever an employer 
separates an employee from the pay roll the unpaid wages or 



270 Chapter 149 [1937 

compensation of such employees shall become due immediately 
upon demand by the employee of the employer or his pay- 
master, and the employer shall pay such wages to the em- 
ployee within seventy-two hours of the time of such demand, 
except where such employees are working at other than the 
principal place of business, then such employee shall receive the 
wages due on the next regular pay roll date. In case of any 
failure to pay wages due an employee as thus provided, the 
wages of such employee shall continue for the period of one 
week from the date of separation at the same rate which said 
employee received at the time of separation. The employee 
may recover the penalty thus accruing to him in a civil action. 
Said action must be commenced within sixty days from the 
date of separation; provided, however, that any employee who 
secretes or absents himself to avoid payment to him or who re- 
fuses to receive payment when tendered shall not be entitled 
to any penalty under this paragraph for such time as he avoids 
payment. 

II. Employees Quitting. Whenever an employee (not 
having a written contract for a definite period) quits or resigns 
his employment, the wages or compensation earned shall be- 
come due and payable not later than the next regular pay day. 

III. Industrial Disputes. In the event of the suspen- 
sion of work as the result of an industrial dispute, the 
wages and compensation earned and unpaid at the time of said 
suspension shall become due and payable at the next regular 
pay day, as provided in section 25 hereof, including, without 
abatement or reduction, all amounts due all persons whose 
work has been suspended as a result of such industrial dispute, 
together with any deposit or other guaranty held by the em- 
ployer for the faithful performance of the duties of the em- 
ployment. 

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

[Approved July 1, 1937.] 



1937] Chapters 150, 151 271 

CHAPTER 150. 

AN ACT RELATING TO APPLICANTS FOR EXAMINATIONS FOR THE 



PRACTICE OF MEDICINE. 



Section 

1. Practice of medicine. 



Sfxtion 
2. Takes effect. 



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

1. Practice of Medicine. Amend section 10 of chapter 204 
of the Pubhc Laws by striking out said section and inserting in 
place thereof the following: 10. Applicants. The board 
shall admit to examination any applicant who pays a fee of 
twenty dollars and submits satisfactory evidence in writing, 
verified by oath if required, that he is more than twenty-one 
years of age, of good moral character, has completed satis- 
factorily two years' work in college, or has a preliminary edu- 
cation considered and accepted by the board as fully equiva- 
lent, has studied the treatment of human ailments not less 
than four school years in a medical school maintaining at that 
time a standard satisfactory to the board, and has graduated 
from such school and has completed an interneship, approved 
by the board, of not less than twelve months. The provisions 
of this section may be suspended in whole or in part by order 
of the board on account of war or other threatened or existing 
national calamity. 

2. Takes Effect. This act shall take effect January 1, 1938. 
[Approved July 1, 1937.] 



CHAPTER 151. 



AN ACT RELATING TO THE FORESTRY AND RECREATION 
COMMISSION. 



Section 

1. State forester. 

2. Approval by governor and 

council required. 

3. Gifts for state forests. 

4. Privileges and concessions on 

forest lands. 

5. Recording contracts. 

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

1. State Forester. Amend section 4 of chapter 191 of the 
Public Laws by striking out said section and inserting in place 



Section 

6. Development of recreational 

areas. 

7. Limitation. 

8. Forest improvement and rec- 

reational fund. 

9. Disposition of state moneys. 
10. Takes effect. 



272 Chapter 151 [1937 

thereof the following: 4. Duties; Assistants. The state 
forester shall, with the approval of the governor and council 
and under the supervision of the commission, execute all mat- 
ters pertaining to forestry within the jurisdiction of the state, 
and, within the limits of the appropriation, may hire such field 
and office assistants, including a chief clerk at an annual salary 
not exceeding eighteen hundred dollars, as in the judgment of 
the commission are necessary for the proper execution of his 
duties, and, upon terms approved by the commission, may en- 
ter into co-operation with departments of the federal gov- 
ernment for the promotion of forestry work within the state. 

2. Approval of Governor and Council. Amend section 4-a 
of chapter 191 of the Public Laws as inserted by section 5, 
chapter 143, of the Laws of 1933, by striking out said section 
and inserting in place thereof the following: 4-a. Duties of 
State Forester. The state forester shall, with the approval of 
the governor and council and under the supervision of the com- 
mission, execute all matters pertaining to the use of state 
forests and reservations including reservations for public rec- 
reational and park purposes. 

3. State Forests. Amend section 5 of chapter 192 of the 
Public Laws, as amended by chapter 14 of the Laws of 1931, by 
striking out said section and inserting in place thereof the 
following: 5. Gifts. With the approval of the governor and 
council, the commission is empowered to receive, in the name 
of the state, land by gift, escheat or otherwise for the purpose 
of a state forest or reservation, in such manner that no cost of 
purchase shall accrue against the state, and may arrange for 
the registration of necessary papers, map and survey the land, 
protect it from fire, plant, cut and otherwise improve the 
forests within the limits of the appropriation. 

4. Forest and Recreational Lands. Amend section 6-a of 
chapter 192 of the Public Laws, as inserted by chapter 74 of 
the Laws of 1929 and as amended by chapter 131 of the Laws 
of 1935, by striking out said section and inserting in place 
thereof the following: 6-a. Privileges and Concessions. On 
terms approved by the commission and the governor and coun- 
cil, the state forester may make contracts for the leasing of 
privileges and concessions on state forests and reservations, for 
periods not exceeding five years. 

5. Contracts. Amend section 6-b of chapter 192 of the 
Public Laws, as inserted by chapter 131 of the Laws of 1935, 



1937] Chapter 151 273 

by inserting after the word "contracts" in the first line the 
words, extending for a period of more than one year or for an 
annual consideration of more than one hundred dollars, so that 
said section as amended shall read as follows : 6-b. Recording. 
All such contracts, extending for a period of more than one 
year or for an annual consideration of more than one hundred 
dollars, shall be recorded in the registry of deeds in the county, 
or counties, where the lands to which such contracts relate are 
situated. 

6. Development of Recreational Areas. Amend chapter 
192 of the Public Laws by adding after section 6-b the follow- 
ing section: 6-c. Fees, Development of Recreational Areas. 
With the approval of the commission and the governor and 
council, the state forester may (1) furnish accommodations 
and render services to the public on state forests and reserva- 
tions, (2) charge reasonable fees for such services and accom- 
modations, (3) develop suitable state forests and reservations 
for recreational purposes. All revenue received from fees au- 
thorized hereunder shall be paid into the forest improvement 
and recreational fund. 

7. Limitation. Further amend chapter 192 of the Public 
Laws by adding after section 6-c the following new section: 
6-d. Limitation. The authority to furnish accommodations 
to the public on state forests and reservations, as provided by 
section 6-c, shall not be construed as authorizing the state 
forester to furnish sleeping accommodations to the transient 
public either in overnight cabins or in buildings owned by the 
state, provided that this limitation shall not affect the leasing 
of buildings or cabins owned by the state at the time of the 
passage of this act where the accommodations are furnished by 
the lessee. 

8. Forest Improvement and Recreational Fund. Amend 
section 7 of chapter 192 of the Pubhc Laws, as amended by 
section 1, chapter 130 of the Laws of 1927, by striking out said 
section and inserting in place thereof the following: 
7. Created. All revenue derived from fees for services and 
accommodations on, and rentals and the sale of any products 
from, state forest or reservations and federal lands placed un- 
der the jurisdiction of the forestry and recreation commission 
shall, except as otherwise provided, be paid into the state treas- 
ury. All of such revenue, except that received from the sale 
of nursery stock from the state forest nursery, shall be kept 



274 Chapter 151 [1937 

by the state treasurer in a separate account as a continuous 
fund to be known as the forest improvement and recreational 
fund from which payments may be made upon recommendation 
of the state forester, with the advice and consent of the gover- 
nor and council, for the purchase and improvement of state 
forests and reservations and buildings thereon and for admin- 
istration and improvement of such federal lands as may be 
placed under the jurisdiction of the commission. At the close 
of each fiscal year the unexpended balance of said money shall 
be carried forward and be made available for use in the sub- 
sequent year for said purposes. 

9. State Moneys, Amend section 11 of chapter 15 of the 
Public Laws, as amended by section 2, chapter 130, Laws of 
1927, section 2, chapter 140, Laws of 1935, and section 21, 
chapter 134, Laws of 1937, by strildng out said section and in- 
serting in place thereof the following: 11. Application of Re- 
ceipts. Moneys received by the state treasurer, as provided in 
section 10, shall be available for general revenue of the state 
with the following exceptions: 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 department and one hundred and fifty thou- 
sand dollars annually for maintaining in part the department 
of state police, shall be credited to the highway department for 
maintenance of highways ; fines and costs from the department 
of state police which shall be credited to the highway depart- 
ment for maintenance of highways; revenues from fees, 
rentals and the sale of products from lands under the jurisdic- 
tion of the forestry and recreation commission which shall be 
credited as provided for in chapter 192 of the Public Laws; 
and the fees collected by the public service commission of rail- 
roads, 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 appropriated to reimburse the 
state for money so paid out. The full amount allowed for the 
maintenance of each institution and department shall be ap- 
propriated by each legislature for the biennial period next fol- 
lowing, and the money derived from the sale of farm and 
minor industrial products of institutions shall be credited to 
the appropriation for the institution from which derived. 



1937] 



Chapter 152 



275 



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

[Approved July 7, 1937.] 



CHAPTER 152. 

AN ACT RELATING TO NEGLECTED AND DELINQUENT CHILDREN. 



Section 




Section 




1. New 


chapter. 


14. 


Orders for physical and 


1. 


Age. 




mental treatment. 


2. 


Definitions. 


15. 


Feeble-minded or insane. 


3. 


Petition. 


16. 


Religious preference. 


4. 


Notice. 


17. 


Court sessions. 


5. 


Contempt. 


18. 


Transfers to superior 


6. 


Warrant. 




court. 


7. 


Custody. 


19. 


Records. 


8. 


No committal to jail. 


20. 


Contribution to delin- 


9. 


Hearing. 




quency. 


10. 


Disposition of neglected 


21. 


Appeals. 




children. 


22. 


Penalty. 


11 


Maintenance. 


23. 


Interpretation ; evidence. 


12. 


Guardianship ; adoption. 


24. 


Publication. 


13. 


Disposition of delin- 


25. 


Jurisdiction. 




quents ; probation ; m- 


26. 


Authority limited. 




stitutional care. 


27. 


SeverabiUty. 






2. Take 


s effect. 



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

1. Amendment. Chapter 110 of the PubHc Laws is hereby 
amended by striking out the entire chapter and inserting in 
place thereof the following : 

CHAPTER 110 

NEGLECTED AND DELINQUENT CHILDREN 

1. Age. This chapter shall apply only to those under the 
age of eighteen years, except that juveniles over whom the 
court has acquired jurisdiction shall continue under its juris- 
diction until they are twenty-one years of age, unless they are 
previously discharged by the court, or jurisdiction over them 
released to the superior court. 

2. Definitions. For the purpose of this chapter the follow- 
ing words shall mean : 

I. "Neglected child," any child who is abandoned by his 
parent, guardian or custodian, or has not proper parental care 
or guardianship, or who habitually begs or receives alms, or 



276 Chapter 152 [1937 

who is found in any disreputable place or who associates with 
vicious or disreputable persons, or whose home, by reason of 
neglect, cruelty or depravity on the part of his parents, 
guardians or other persons in whose care he may be, is an un- 
fit place for such child, or whose parent, guardian or custodian 
neglects or fails to provide proper subsistence, education, 
medical or surgical care or other care necessary for his health, 
morals or well-being, or who engages in such an occupation or 
is in such a situation or surroundings as are or may prove in- 
jurious to his physical, mental or moral well-being. 

XL "Delinquent child," any child who violates any law of 
this state or any city or town ordinance, or who is wayward, 
disobedient or uncontrolled by his parent, guardian or custo- 
dian, or who is habitually truant from school or home, or so de- 
ports himself as to injure or endanger the health or morals of 
himself or others. 

III. "Child or juvenile," any boy or girl under the age of 
eighteen years. 

IV. "Court," the municipal court, unless otherwise in- 
dicated. 

3. Petition. Any reputable person having information of 
a child who appears to be either neglected or dehnquent may 
file with a judge or clerk of any municipal court in the county 
in which the child is found or resides a petition in writing set- 
ting forth the facts verified by affidavit. On motion of any 
probation officer alleging that either justice or convenience re- 
quires the transfer of the petition to some other municipal 
court such petition may be transferred to such court if justice 
or convenience requires. 

4. Notice. Upon the filing of the petition a notice shall be 
immedately issued by the judge or the clerk, to be served per- 
sonally or left at the usual place of abode of the person having 
custody or control of the child, or with whom the child may be, 
requiring that person to appear with the child at a place and 
time stated in the notice, which time shall not be less than 
twenty-four hours after service. If the person so notified is 
not the parent or guardian of the child, then the parent or 
guardian shall be notified, provided they and their residence 
are known, or if there is neither parent nor guardian, or their 
residence is not known then some relative, if there be one and 
his residence is known, and in any case the judge may appoint 
some suitable person to act in behalf of the child. 



1937] Chapter 152 277 

5. Contempt. If the person summoned, as herein provided, 
shall fail without reasonable cause to appear with the child 
and abide the order of the court, he may be proceeded against 
as in case of contempt of court. 

6. Warrant. If a summons cannot be served or the party 
served fails to obey the same, and in any case where it appears 
to the court that such summons or notice will be ineffectual, a 
warrant may be issued for the child's appearance against any- 
one having custody or the possession of the child. Nothing in 
this act shall be construed as forbidding any police officer or 
probation officer from immediately taking into custody any 
child who is found violating any law or ordinance, or who is 
reasonably believed to be a fugitive from his parents or from 
justice, or whose surroundings are such as to endanger his 
health, morals or welfare, unless immediate action is taken. In 
such cases the officer shall report the facts forthwith to the 
court. 

7. Custody. Pending final disposition of the case, the child 
may be retained in the custody of the person having the child 
in charge, or in the custody of the probation officer, or may be 
kept in some suitable place at the expense of the town, county 
or state, as may be ordered by the court. 

8. No Committal to Jail. No child under eighteen years of 
age shall be committed to a jail or police station, or other place 
where such child can come in contact with any adult under 
arrest or charged with or serving sentence under conviction of 
crime; provided that a child whose habits or conduct are 
deemed such as to constitute a menace to other children, may 
by order of the court be restrained in a jail or other place of 
detention for adults, but in a separate room or ward. 

9. Hearing. On the return of the summons, notice or other 
process or as soon thereafter as may be, the court shall proceed 
to hear the case in an informal manner, but no final disposition 
shall be made until an investigation and report in writing has 
been made to the court of the home conditions, school record, 
and the mental, physical and social history of the child, and 
the circumstances of the alleged delinquency or neglect. When 
ordered by the court or deemed necessary by the probation 
officer making the investigation, such investigation shall in- 
clude a physical and mental examination of the child, the ex- 
pense thereof to be borne by the town in which said child re- 
sides, unless furnished by the state. 



278 Chapter 152 [1937 

10. Disposition of Neglected Children. When any child is 
found to be neglected, the court may make an order commit- 
ting the child to the care of the board of public welfare, or may 
continue the case from time to time and allow the child to re- 
main in his own home or in a suitable family or institutional 
home under the supervision of a probation officer and subject 
to be returned to the court for further disposition. 

11. Maintenance. Unless otherwise ordered by the court, 
the expense for the maintenance and care of any such child 
shall be borne by the town in which the child resides, and the 
town shall have a right of action over for such expense against 
whoever is legally chargeable for the child's support. 

12. Guardianship; Adoption. In any case where the court 
shall award a child to the care of any association or individual, 
the child shall, unless otherwise ordered, become a ward of the 
association or individual to whose care he is committed. Such 
association or individual shall have authority to place such child 
in a suitable family or institutional home and shall be made 
party to any proceeding for his adoption or guardianship. 

13. Disposition of Delinquents; Probation; Institutional 
Care. When a child is found to be delinquent, the court may 
commit the child to the industrial school or continue the case 
with such orders as to care, custody, and probation as justice 
and the welfare of the child require. After the dehnquent has 
passed the age of eighteen years, the court may, under its con- 
tinuing jurisdiction, commit him either to the industrial school, 
house of correction, jail, or state's prison, for all or any part 
of the term of his minority. A summary of the probation 
officer's investigation shall accompany each commitment. All 
records pertaining to cases of delinquency shall be kept at all 
times so that no one, except by court order, other than officers 
of the institution where the child is committed, duly accredited 
probation officers and others entrusted with the corrective 
treatment of said child, shall have access to the same. Any 
officer or employee of an institution who permits other than 
authorized persons to have access to such records, or any officer 
or employee or person entrusted with the use of the same for 
corrective purposes, or anyone else, who publishes or permits 
the publication of such records or parts of the same, except by 
court order, shall be in contempt of court. 

14. Orders for Physical and Mental Treatment. If it is 
alleged in any complaint or appears at any time during the 



1937] Chapter 152 279 

progress of the case that a neglected or delinquent child is in 
need of physical or mental treatment, the failure to receive 
which is a contributing cause of his delinquency, due notice of 
that fact shall be given as provided in section 4 of this act, and 
if the court, upon hearing, finds that treatment is reasonably 
required, he shall order the parent, guardian or custodian of 
the child to provide it. If this order is not obeyed v^ithin a 
reasonable time, the court shall require such treatment to be 
provided at the expense of the tov^n in which the child resides, 
and recovery of the expenses thereby incurred shall be had 
from the person or persons chargeable by law for the child's 
necessities. 

15. Feeble-minded or Insane. If it is alleged in any com- 
plaint or appears at any time in the progress of the case that 
a neglected or delinquent child may be feeble-minded or in- 
sane, due notice of that fact shall be given as provided in sec- 
tion 4 of this act, and if the court, upon hearing, finds that the 
child is either insane or feeble-minded, the court may commit 
said child to the state hospital or to the Laconia State School, 
to be there detained and cared for according to the laws re- 
lating to said institutions, with the right of recovery against 
the person or persons chargeable by law for support. 

16. Religious Preference. The court and officials in plac- 
ing children shall as far as practicable place them in the care 
and custody of some individual holding the same religious be- 
lief as the parents of the said child, or with some association 
which is controlled by persons of like religious faith. No child 
under the supervision of any state institution shall be denied 
the free exercise of the religion of his parents, whether living 
or dead, nor the liberty of worshipping God according thereto. 

17. Court Sessions. All juvenile cases shall be heard 
separate from the trial of criminal cases and such hearing shall 
be held wherever possible in rooms not used for such trials. 
Said proceedings shall be informal and not deemed to be of a 
criminal nature. No one shall attend such hearing, unless his 
presence is necessary either as parent, party or witness, or in 
the opinion of the court, in the interest of justice; provided, in 
those cases where the delinquent act complained of would con- 
stitute a felony if the act of an adult, the attorney-general and 
the solicitor of the county in which the offense took place may 
attend, and due notice thereof shall be given to the attorney- 
general or the county solicitor by the probation officer. County 



280 Chapter 152 [1937 

commissioners, town and city officials charged with overseeing 
the support of the poor, in all cases in which the minor may be- 
come a public charge, may also attend such hearing. 

18. Transfers to Superior Court. All cases before a mu- 
nicipal court in which the offense complained of constitutes a 
felony or would amount to a felony in the case of an adult, 
may, after investigation and consideration, before hearing, be 
certified to the superior court. Cases so certified may be dis- 
posed of by the superior court according to the laws of this 
state relating thereto without any limitations as to sentence or 
orders required by this act. All original papers in transferred 
cases shall remain in the court from which transferred and 
certified copies of the same filed with and constitute the rec- 
ords of the court to which transfer is made. Pending disposi- 
tion by the superior court, a juvenile, whose case is thus trans- 
ferred, may be committed to the custody of the probation 
officer or required to recognize with sufficient sureties, or in de- 
fault thereof be committed to the industrial school to await 
disposition of the case in said superior court. 

19. Records. The court records of proceedings with ref- 
erence to juveniles in all courts of the state shall be kept in 
books and files separate from all other court records. The 
proceeding shall be entitled, "The state in the interest 
of. . . ." (naming the child or children). Such records shall 
be withheld from indiscriminate public inspection but shall be 
open to inspection by the parent, guardian or other authorized 
representative of the person concerned and, in the discretion of 
the court, by other persons having a legitimate interest. 

20. Contribution to Delinquency; Bond for Future Care. 
Any parent or guardian or person having the custody or con- 
trol of a child found to be delinquent, or anyone else, who shall 
knowingly or wilfully encourage, aid, cause or abet, or connive 
at, or has knowingly or wilfully done any act or acts, to pro- 
duce, promote or contribute to the delinquency of such child, 
may be punished by a fine of not more than five hundred dollars 
or by imprisonment for not more than one year, or both. The 
court may release such person on probation, subject to such 
orders as it may make concerning future conduct tending to 
produce or contribute to such delinquency, or it may suspend 
sentence, or before trial, with his consent, it may allow him to 
enter into a recognizance, in such penal sum as the court may 



1937] Chapter 152 281 

fix, conditioned for the promotion of the future welfare of the 
child, and the said case may then be placed on file. 

21. Appeals. An appeal may be taken to the superior 
court in manner provided for appeals from municipal courts, 
but an appeal shall not suspend the order of the court unless 
the court shall so order. 

22. Penalty. Any officer who neglects to perform any of 
the duties imposed upon him by this chapter shall be fined 
not less than twenty-five dollars nor more than two hundred 
dollars. 

23. Interpretation ; Evidence. This chapter shall be liber- 
ally construed to the end that its purpose may be carried out, 
to wit : that the care, custody and disposition of the child shall 
approximate as nearly as may be that which should be given 
by his parents, and that, in cases where it can properly be 
done, the child shall be placed in an approved family home and 
become a member of the family, by legal adoption or otherwise. 
In any investigation or hearing, the court shall not be bound 
by the technical rules of evidence. No child shall be deemed 
a criminal by reason of an adjudication hereunder and such ad- 
judication shall not be deemed a conviction. 

24. Publication. It shall be unlawful for any newspaper to 
publish the name or address, or any other particular informa- 
tion serving to identify any juvenile delinquent arrested, with- 
out the express permission of the court, and it shall be unlaw- 
ful for any newspaper to publish any of the proceedings of any 
juvenile court. 

25. Jurisdiction. The municipal courts in each county, 
shall have exclusive original jurisdiction of all cases coming 
within the terms of this act. 

26. Authority Limited. This act shall not be construed as 
authorizing any public official, agent or representative in carry- 
ing out any of the provisions of this act to take charge of any 
child over the objection of either of the parents of such child 
or of the person standing in loco parentis to such child, except 
pursuant to a court order. 

27. Severability. If any provision of this act or the appli- 
cation thereof to any person or circumstances is held invalid, 
such invahdity shall not affect other provisions or applications 
of the act which can be given effect without the invalid pro- 
vision or application, and to this end the provisions of this act 
are declared to be severable. 



282 Chapters 153, 154 [1937 

2. Takes Effect. This act shall take effect October 1, 
1937, and all acts or parts of acts inconsistent herewith are 
hereby repealed. 

[Approved July 7, 1937.] 



CHAPTER 153. 

AN ACT IN REGARD TO HIGHWAY RECONSTRUCTION WHICH MAY 

BE NECESSITATED BY THE CONSTRUCTION OF A DAM 

ACROSS THE PEMIGEWASSET RIVER BETWEEN 

FRANKLIN AND HILL. 



Section 

1. Discontinuance of highways. 

2. Relocation of Route 3-A. 



Section 
3. Takes effect. 



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

1. Discontinuance of Highways. No existing highways 
which may be relocated and reconstructed because of the 
construction of a dam across the Pemigewasset river be- 
tween Franklin and Hill shall be discontinued until the re- 
located highways are open for public use. 

2. Relocation of Route 3-A. The highway now known as 
route 3-A from Franklin to Bristol when relocated shall con- 
tinue along the west side of the river as near as practicable to 
the present existing road, taking into consideration proper 
alignment and grade. 

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

[Approved July 7, 1937.] 



CHAPTER 154. 

AN ACT RELATING TO ALIMONY. 



Section 

1. Alimony; period of payment. 



Section 
2. Modification of existing or- 
ers ; takes effect. 



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

1. Alimony; Period of Payment. Amend section 16 of 
chapter 287 of the Public Laws by striking out said section and 



1937] Chapter 155 283 

inserting in place thereof the following: 16. Alimony. Upon 
a decree of nullity or divorce, the court may restore to the wife 
all or any part of her estate, and may assign to her such part 
of the estate of her husband, or order him to pay such sum of 
money, as may be deemed just, provided that in cases in which 
no children are involved, or in which the children have reached 
the age of majority, said order shall be effective for not more 
than three years from the date thereof, but such order may be 
renewed, modified or extended if justice requires for periods 
of not more than three years at a time ; and may compel the 
husband to disclose, under oath, the situation of his property; 
and before or after the decree, may make such orders and use 
such process as may be necessary. 

2. Modification of Existing Orders; Takes Effect. Any 
order for the payment of alimony or separate maintenance now 
in force may be changed or modified to comply with the pro- 
visions of this act upon petition of either party, and this act 
shall take effect upon its passage. 

[Approved July 7, 1937.] 



CHAPTER 155. 



AN ACT TO REGULATE THE KEEPING OF LIVE WILD ANIMALS OR 

WILD BIRDS. 



Section 

4. Penalty. 

5. Enforcement. 

6. Takes effect. 



Section 

1. Prohibition. 

2. Exceptions. 

3. Permits to keep live wild ani- 

mals. 

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

1. Prohibition. No person shall cage, have in possession 
or exhibit any live wild animal or wild bird at any time, except 
as hereinafter provided, nor shall a person traffic, sell, or ex- 
pose for sale, at any time or at any place any live wild animal 
or wild bird. 

2. Exceptions. The provisions of this act shall not prohibit 
a person who holds a license to propagate game animals or fur- 
bearing animals under the provisions of sections 19 to 26, in- 
clusive, of chapter 202 of the Public Laws, as inserted by sec- 
tion 6, chapter 124, Laws of 1935, from caging, keeping or sell- 
ing such live wild animals as he is permitted to do under the 



284 Chapter 156 [1937 

provisions of his license or the rules and regulations of the 
director of fish and game relative thereto. 

3. Permit to Keep Live Wild Animals. The director of fish 
and game is hereby authorized in his discretion to issue a per- 
mit to any person to have in possession a live wild animal or 
wild bird. Such permit shall be issued for such period and 
under such conditions as the director may determine. The 
director is hereby authorized to make such rules and regula- 
tions relative to the keeping of live wild animals or wild birds 
under the provisions of this section as he may deem necessary. 
The provisions of this act shall not apply to a person who holds 
a permit from the director as provided herein. 

4. Penalty. Whoever violates any of the provisions of this 
act, or whoever violates any rule or regulation relative to keep- 
ing live wild animals or wild birds promulgated by the director 
in accordance with the provisions of section 3 hereof, shall be 
fined twenty-five dollars for the first offense, fifty dollars for 
the second offense and an amount not to exceed five hundred 
dollars for each subsequent offense. 

5. Enforcement. The director of fish and game, either by 
himself or his agents, shall have authority to enforce the pro- 
visions of this act and for that purpose may without expense to 
the state designate as his agent any officer or agent of any in- 
corporated society for the prevention of cruelty to animals. 

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

[Approved July 7, 1937.] 



CHAPTER 156. 

AN ACT RELATIVE TO LICENSE FEES FOR TAKING FISH AND GAME. 



Section 
3. Takes effect. 



Section 

L Fishing and hunting licenses. 
2. Licenses for fur-buyers. 

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

1. Fishing and Hunting Licenses. Amend section 5, chap- 
ter 203 of the Public Laws, as inserted by section 7, chapter 
124, Laws of 1935, by striking out the whole of said section 
and inserting in place thereof the following : 5. Application; 
Fees. The applicant shall fill out and subscribe to a blank to 



1937] Chapter 156 285 

be furnished by the director to said agent, and pay him the 
following fees, in addition to his fee of fifteen cents, as pro- 
vided in section 6 : 

I. If the applicant is a resident of this state and wishes to 
hunt and fish, two dollars and thirty-five cents, and the agent 
shall thereupon issue a resident hunting and fishing license, 
which shall entitle the licensee to hunt, shoot, kill or take, ex- 
cept by the use of traps, and to transport game birds, game 
animals and fish, under the restrictions of this title. 

XL 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 department 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 privi- 
leges enumerated in paragraph I. 

IV. If the applicant is a non-resident and wishes to take 
fresh water fish only, three dollars and eighty-five cents, and 
the agent shall thereupon 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, one dollar and thirty-five cents, and the agent shall 
thereupon issue a non-resident fishing license for said time 
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 restric- 
tions of this title. 

2. Licenses for Fur-Buyers. Amend section 13 of chapter 
203 as inserted by section 7, chapter 124, Laws of 1935, by 
striking out the whole of said section and inserting in place 
thereof the following: 13. Applications; Fees. The appli- 
cant 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, five dollars, 
and the director shall thereupon issue a resident fur-buyer's 



286 Chapter 157 [1937 

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 five dollars for each county specified. The director may 
grant such licenses for the entire state upon the payment of a 
fee of thirty-five dollars. 

II. If the applicant is a non-resident of this state, 
seventy-five 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 
animals lawfully taken, and to sell and transport the same, 
under the restrictions of this title. 

3. Takes Effect. This act shall take effect January 1, 1938. 

[Approved July 7, 1937.] 



CHAPTER 157. 

AN ACT PROVIDING FOR TRUL BY JURY IN CERTAIN CASES. 



Section 
2. Takes effect. 



Section 

1. Issues framed for jury on re- 
quest of party. 

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

1. Issues Framed for Jury on Request of Party. Amend 
section 11 of chapter 311 of the Public Laws, by adding thereto 
the following: In any probate appeal involving the validity of 
an instrument purporting to be a will in which material facts 
are in dispute, the court shall, upon request of either party, 
frame issues and ascertain the facts by the verdict of a jury, 
so that said section as amended shall read: 11. Issue for 
Jury. On an appeal, if any fact material to the cause shall be 
disputed, the court may direct an issue proper to try such fact 
to be framed, and ascertain the same by the verdict of a jury. 
In any probate appeal involving the validity of an instrument 
purporting to be a will in which rrtaterial facts are in dispute, 
the court shall, upon request of either party, frame issues and 
ascertain the facts by the verdict of a jury. 

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

[Approved July 7, 1937.] 



1937] Chapter 158 287 

CHAPTER 158. 

AN ACT RELATING TO MUNICIPAL WATER-WORKS. 



Section 

5. Powers of municipality. 

6. Management and operation. 

7. Constitutionality. 

8. Takes effect. 



Section 

1. Repeal. 

2. Municipal water-works, defi- 

nitions. 

3. Municipalities may acquire. 

4. Acquisition. 

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

1. Repeal. Amend chapter 43 of the Public Laws, as 
amended by chapter 71 of the Laws of 1927, and chapter 87 of 
the Laws of 1931, and chapter 49 of the Laws of 1935, by re- 
peaHng said chapter. 

2. Municipal Water-Works. Amend section 1 of chapter 
44 of the Pubhc Laws, as amended by section 2 of chapter 153 
of the Laws of 1935, by inserting after the word ''electricity" 
in the seventh line thereof the following words, and/or water, 
so that said section as amended shall read as follo^ys: 
1. Definitions. In this chapter, unless the context otherwise 
requires, the following words shall have the following mean- 
ings: 

"Commission," the Public Service Commission of New Hamp- 
shire. 

"UtiHty," any public utility engaged in the manufacture, 
and/or distribution, and/or sale of gas and/or electricity 
and/or water in the state of New Hampshire. 

"Municipality," any city, town or village district within the 
state of New Hampshire. 

3. Amendment. Amend section 2 of chapter 44 of the 
Public Laws, as amended by section 2 of chapter 153 of the 
Laws of 1935, by inserting after the word "electricity" in the 
fifth line thereof the words and/or water, and further amend 
said section by inserting after the word "electricity" in the 
fifteenth line thereof the word, water, so that said section as 
amended shall read as follows: 2. Municipalities May 
Acquire. Any city, town or village district may take, pur- 
chase, lease or otherwise acquire and maintain and operate in 
accordance with the provisions of this chapter, one or more 
suitable plants for the manufacture and/or distribution of gas 
and/or electricity and/or water for municipal use and for the 
use of its inhabitants and others, and for such other purposes 



288 Chapter 158 [1937 

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, water and gas, in 
such places as may be deemed necessary 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. 

4. Acquisition. Amend section 5 of chapter 44 of the 
Public Laws, as amended by section 2 of chapter 153 of the 
Laws of 1935, by inserting after the word "gas" in the sixth 
line thereof the word, water, so that said section as amended 
shall read as follows : 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 generating or distributing gas, water or electricity for 
sale in said municipality, of said vote, and ask said utility 
whether it 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 with- 
out said municipality which the public interest may require the 
said municipality to purchase. 

5. Powers of Municipality. Amend section 14 of chapter 
44 of the Public Laws, as amended by section 2 of chapter 153 
of the Laws of 1935 by inserting after the word "electricity" in 
the third line thereof the following word, water, so that said 
section as amended shall read as follows: 14. Supply Con- 
tracts. Any such municipality may contract with individuals, 
corporations and other municipalities and the citizens thereof 
for supplying them with electricity, water 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 author- 
ized by the commission. 



1937] Chapter 158 289 

6. Management and Operation ; Liens. Amend section 15 of 
chapter 44 of the Public Laws, as amended by section 2 of 
chapter 153 of the Laws of 1935, by striking out the whole 
thereof and inserting in place thereof the following new sec- 
tions: 15. Commissioners. For the more convenient man- 
agement of any such gas, electric, or water-works system, any 
such municipality may vest the construction, management, con- 
trol and direction of the same in a board of commissioners to 
consist of three or more citizens of such city, town or district, 
said commissioners to have such powers and duties relating to 
the construction, management, control and direction thereof as 
the city, town or district may prescribe. 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 
for terms of one, two and three years, respectively, by the legal 
voters of the city, town or district at the same meeting or elec- 
tion at which the provisions of this chapter are accepted, or at 
any special meeting or election thereafter called for that pur- 
pose, and their successors shall be elected at each annual meet- 
ing or election thereafter in manner or form as the city, town 
or district may determine, provided that the term of service of 
the commissioners first elected shall be designated at the time 
of their election. 

16. Appointment. The commissioners may be appointed by 
the mayor and board of aldermen or city council, by the select- 
men of the town, or by the commissioners of the district if the 
city, town or district fails to elect or shall vote to authorize the 
mayor and board of aldermen or city council, selectmen or com- 
missioners to appoint. 

17. Compensation; Organization. The compensation of the 
commissioners shall be fixed by the city, town or district. They 
shall be sworn to the faithful discharge of their duties. They 
shall annually organize by choosing one of their number as 
chairman of their board. They shall appoint a clerk and a 
superintendent of the works and such other officers as they 
may deem necessary, and shall thereupon furnish a certificate 
of such organization to the city, town or district clerk who 
shall record the same in his records. The commissioners shall 
fix the compensation of all officers and agents appointed by 
them, and all officers and agents shall be sworn to the faithful 
discharge of their duties. 

18. Vacancy. Whenever a vacancy shall occur in said 



290 Chapter 158 [1937 

board from any cause the remaining members shall fill such 
vacancy temporarily by appointing a citizen of said city, town 
or district in writing, which appointment shall be filed with the 
city, town or district clerk and recorded by him in his records. 
The person so appointed shall hold office until the next city 
election or annual town or district meeting, when the city, 
town or district shall elect a commissioner for the unexpired 
term. 

19. Reports. The commissioners shall annually make a re- 
port to the city, town or district, at the time other city, town or 
district officers report, of the condition of the plant financially 
and otherwise, showing the funds belonging to their depart- 
ment and the expenses and income thereof, with such other 
facts and information as the inhabitants should have, which 
report shall be published in the annual report of the city, town 
or district. 

20. Taking Property. Any municipality or water company 
supplying water to the public for domestic use shall have the 
power to take by the exercise of the right of eminent domain 
any property needed to protect the purity of the water so 
supplied, upon petition to the superior court, and proceedings 
thereon as in case of a petition for the laying out of a high- 
way. 

21. Liens for Rates. All charges as gas, water or electric 
rates for gas, water or electricity furnished to patrons in any 
city, town or precinct operating municipally owned gas, water 
or electric works, shall become a lien upon any real estate 
where such gas, water or electricity is furnished, and said lien 
shall continue for one year from the last item charged in said 
gas, water or electric rates; and said lien may be enforced by 
a suit in behalf of said city, town or precinct, ordered by the 
commissioners or other board in charge of the plant against 
the owner or owners of such real estate. The record in the 
office of the gas, water or electric department of the gas, water 
or electric rates, and the charges for gas, water or electricity 
furnished as aforesaid, shall be sufficient notice to maintain 
suit upon such lien against subsequent purchasers or attaching 
creditors of said real estate. 

22. Effect on City Charters. Nothing contained in this 
chapter shall affect, alter or change the provisions of any city 
charter with respect to the management, control and direction 
of gas, water or electric works. 



1937] Chapter 159 291 

7. Constitutionality. If any provision of this act or the 
application thereof to any person or circumstances is held in- 
valid the remainder of the act and the application of such pro- 
visions to other persons or circumstances shall not be affected 
thereby. 

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

[Approved July 13, 1937.] 



CHAPTER 159. 



AN ACT ENLARGING THE SCOPE OF THE EMPLOYERS' LIABILITY 
AND WORKMEN'S COMPENSATION LAW. 

Section I Section 

1. Employers' liability. | 2. Takes effect. 

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

1. Employers' Liability. Amend section 1 of chapter 178 
of the Public Lavi^s by striking out the v^^ord "only" and the 
words *'in manual or mechanical labor;" and further amend by 
striking out paragraph II and by substituting therefor the 
following: II. Five or More Persons. Any industry, enter- 
prise or business in which five or more persons are employed 
by a common employer, excepting farm and domestic laborers 
and casual employees, not employed in the regular course of 
the industry, enterprise or business; and further amend said 
section by adding at the end thereof the following: This 
chapter shall apply to workmen engaged in any of the fore- 
going employments within this state irrespective of the place 
where the contract of hiring was made, renewed or extended, 
and shall not apply to workmen outside of the state ; so that as 
amended said section shall read as follows: 1. Employments 
Included. This chapter shall apply to workmen engaged in the 
employments described in this section, which, from the nature, 
conditions or means of prosecution of such work, are dangerous 
to the life and limb of workmen engaged therein, because in 
them the risks of employment and the danger of injury caused 
by fellow servants are great and difficult to avoid : 

I. Railroads. The operation on steam or electric railroads 
of locomotives, engines, trains or cars, or the construction, 



292 Chapter 160 [1937 

alteration, maintenance or repair of railroad tracks or road 
beds over which such rolling stock is to be operated. 

II. Five or More Persons. Any industry, enterprise or 
business in which five or more persons are employed by a com- 
mon employer, excepting farm and domestic laborers and 
casual employees, not employed in the regular course of the in- 
dustry, enterprise or business. 

III. Electricity. The construction, operation, alteration 
or repair of wires or lines of wires, cables, switch boards or ap- 
paratus, charged with electric currents. 

IV. Explosives. All work necessitating dangerous prox- 
imity to gunpowder, blasting powder, dynamite or any other 
explosives, where the same are used as instrumentalities of the 
industry, or to any steam boiler owned or operated by the em- 
ployer; provided, that injury is occasioned by the explosion of 
any such boiler or explosive. 

V. Quarries, etc. Work in or about any quarry, mine or 
foundry. 

This chapter shall apply to workmen engaged in any of the 
foregoing employments within this state irrespective of the 
place where the contract of hiring was made, renewed or ex- 
tended, and shall not apply to workmen outside of the state. 

2. Takes Effect. This act shall take effect July 15, 1937. 

[Approved July 13, 1937.] 



CHAPTER 160. 

AN ACT RELATIVE TO CONSTITUTIONAL GOVERNMENT DAY. 

Section I Section 

1. Constitutional government da}'. | 2. Takes effect. 

Whereas the constitution of the United States was declared 
in effect the first Wednesday in March, 1789 ; and 

Whereas appropriate and just recognition of that debt of 
gratitude Americans and others owe to the constitution would 
constitute an educational process of the first importance for 
young people and others. 

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

1. Constitutional Grovernment Day. The governor is here- 
by authorized and directed to issue annually a proclamation 



1937] 



Chapter 161 



293 



declaring that the first Wednesday in March be known as Con- 
stitutional Government day and directing that appropriate 
ceremonies be held on said day in commemoration of the be- 
ginning of government under the constitution of the United 
States. 

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

[Approved July 13, 1937.] 



CHAPTER 161. 

AN ACT RELATING TO PROOF OF FINANCIAL RESPONSIBILITY BY 
OWNERS AND OPERATORS OF MOTOR VEHICLES. 



Section 



9. 
10. 

n. 

12. 



Definitions. 

Commissioner to administer 
act ; court review. 

Proof required upon convic- 
tion for motor vehicle lav\^ 
violations. 

Definition of term conviction. 

Report ; penalty. 

Security and proof required 
following accident. 

Form of security. 

Application of security. 

Limitation. 

Suspension, duration. 

Payments sufficient to satisfy 
requirements. 

Suspension waived upon pay- 
ment of judgment in install- 
ments. 



Section 

13. Application for payment in in- 

stallments. 

14. Installment in default. 

15. Action against non-resident. 

16. Policy, form. 

17. Required provisions. 

18. Liability bonds. 

19. Prohibition. 

20. Amount of proof required. 

21. Methods of giving proof. 

22. Money or securities deposited 

as proof. 

23. Limitation. 

24. May substitute other proof. 

25. Operating without giving proof. 

26. Application of act. 

27. Limitation. 

28. Repeal. 

29. Takes effect. 



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

1. Definitions. The following words, as used in this act, 
shall have the following meanings : 

I. "Commissioner," the commissioner of motor vehicles 
for the state of New Hampshire. 

II. "Person," every natural person, firm, copartnership, 
association or corporation. 

III. "Owner," a person who holds the legal title to a motor 
vehicle, trailer or semi-trailer, or in the event a motor vehicle, 
trailer or semi-trailer is the subject of an agreement for the 
conditional sale or lease thereof with the right of purchase up- 
on performance of the conditions stated in the agreement and 



294 Chapter 161 [1937 

with an immediate right of possession vested in the condi- 
tional vendee or lessee, or in the event a mortgagor of a motor 
vehicle, trailer or semi-trailer is entitled to possession, then 
such conditional vendee or lessee or mortgagor shall be deemed 
the owner for the purpose of this act. 

IV. ''State," any state of the United States, the District 
of Columbia or any province of the Dominion of Canada. 

V. "Judgment," any judgment which shall have become 
final by expiration without appeal of the time within which 
appeal might have been perfected, or by final affirmance on 
appeal, rendered by a court of competent jurisdiction of any 
state, or of the United States. 

VI. "Certificate," the certificate of an insurance company 
authorized to transact the business specified in chapter 279 of 
the Public Laws that it has issued to or for the benefit of the 
defendant a motor vehicle liability policy covering the motor 
vehicle, trailer or semi-trailer involved in the accident as a re- 
sult of which the action at law to recover damages referred to 
in section 6 was commenced as respects such accident; or the 
certificate of a surety company authorized to transact business 
under chapter 282 of the Public Laws that it has issued to or 
for the benefit of the defendant a motor vehicle liability bond 
covering the motor vehicle, trailer or semi-trailer involved in 
the accident as a result of which the action at law to recover 
damages referred to in section 6 was commenced as respects 
such accident. 

VII. "Motor Vehicle Liability Policy," a policy of liability 
insurance which provides indemnity for or protection to the 
insured and any person responsible to him for the operation of 
the insured's motor vehicle, trailer or semi-trailer who has 
obtained possession or control thereof with his express or im- 
plied consent, against loss by reason of the liability to pay 
damages to others for damage to property, except property of 
others in charge of the insured or his employees, or bodily in- 
juries, including death at any time resulting therefrom, acci- 
dentally sustained during the term of said policy by any per- 
son other than the insured employees of the insured actually 
operating the motor vehicle or of such other person responsible 
as aforesaid who are entitled to payments or benefits under the 
provisions of any workmen's compensation act, arising out of 
the ownership, operation, maintenance, control or use within 
the limits of the United States of America or the Dominion of 



1937] Chapter 161 295 

Canada of such motor vehicle, trailer or semi-trailer, to the 
amount or limit of at least five thousand dollars on account of 
injury to or death of any one person, and, subject to such 
limits as respects injury to or death of one person, of at least 
ten thousand dollars on account of any one accident resulting 
in injury to or death of more than one person, and of at least 
one thousand dollars for damage to property of others, as 
herein provided, or a binder pending the issue of such a policy, 
or an indorsement to an existing policy, as defined in sections 

16, 17 and 19. 

VIII. "Motor Vehicle Liability Bond," a bond conforming 
to the provisions of section 18 and conditioned that the obligor 
shall within thirty days after the rendition thereof satisfy all 
judgments rendered against him or against any person re- 
sponsible to him for the operation of the obligor's motor 
vehicle, trailer or semi-trailer who has obtained possession or 
control thereof with his express or implied consent, in actions 
to recover damages for damage to property of others or bodily 
injuries, including death at any time resulting therefrom, ac- 
cidentally sustained during the term of said bond by any per- 
son other than the insured employees of the obligor actually 
operating the motor vehicle or of such other person responsible 
as aforesaid who are entitled to payments or benefits under 
the provisions of any workmen's compensation act, arising out 
of the ownership, operation, maintenance, control, or use with- 
in the limits of the United States of America or the Dominion 
of Canada of such motor vehicle, trailer or semi- trailer, to the 
amount or limit of at least one thousand dollars on account of 
damage to property and at least five thousand dollars, on ac- 
count of injury to or death of any one person, and, subject to 
such limits as respects injury to or death of one person, at 
least ten thousand dollars on account of any one accident re- 
sulting in injury to or death of more than one person. 

2. Commissioner to Administer Act ; Court Review. The 
commissioner shall administer and enforce the provisions of 
this act and he is hereby authorized to adopt and enforce such 
regulations as may be necessary for its administration. Any 
person aggrieved by an order or act of the commissioner under 
the provisions of this act may, within ten days after notice 
thereof, file a petition for a review thereof in the superior 
court of the county in which one of the parties resides, and if 
both plaintiff and defendant are non-residents, then in the 



296 Chapter 161 [1937 

county where the accident occurred ; but the filing of such peti- 
tion shall not suspend the order or act unless a stay thereof 
shall be allowed by a judge of said court pending final determi- 
nation of the review. The court shall summarily hear the 
petition and may make any appropriate order or decree. 

3. Proof Required Upon Conviction for Motor Vehicle Law 
Violations. Upon receipt of an abstract of the record in case 
of conviction of any person for a violation of such of the pro- 
visions of any state law relative to motor vehicles as the com- 
missioner shall determine the commissioner may forthwith 
suspend the Hcense of the person so convicted and the registra- 
tion certificates and registration plates issued for any motor 
vehicle, trailer or semi-trailer registered in the name of such 
person unless and until such person gives and thereafter main- 
tains for a period of three years proof of his financial respon- 
sibility. The commissioner shall take action as required in 
this section upon receiving proper evidence of any such convic- 
tion of any person in another state. 

4. Definition of Term Conviction. For purposes of this act 
the term "conviction" shall include a forefeiture of bail or col- 
lateral deposited to secure a defendant's appearance in court, 
which forfeiture has not been vacated, upon a charge of violat- 
ing any motor vehicle law. 

5. Report ; Penalty. Any person operating a motor vehicle 
trailer or semi-trailer which is in any manner involved in an 
accident resulting in damage to property in excess of twenty- 
five dollars shall forthwith report in writing to the commis- 
sioner in the same manner as required by law in case of an ac- 
cident in which any person is injured or killed. Any person 
failing to report as required herein shall be punished in the 
same manner as one who fails to report in accordance with 
Public Laws, chapter 102, sections 17 and 18. 

6. Security and Proof Required Following Accident. Upon 
receipt by him of the report of an accident which has resulted 
in bodily injury or death, or in damage to property in excess of 
twenty-five dollars, the commissioner shall forthwith suspend 
the license of any person operating, and the registration cer- 
tificates and registration plates of any person owning, a motor 
vehicle, trailer or semi-trailer in any manner involved in such 
accident unless and until such operator or owner or both shall 
have previously furnished or immediately furnishes sufficient 
security to satisfy any judgment or judgments for damages 



1937] Chapter 161 297 

resulting from such accident as may be recovered against such 
owner or operator by or on behalf of the aggrieved person or 
his legal representative, and unless and until such owner or 
operator or both shall immediately give and thereafter main- 
tain proof of financial responsibility in the future. 

7. Form of Security. Such security, when ordered, shall 
be in such form and in such amount as the commissioner may 
require, but in no case in excess of the amount of proof re- 
quired under this act. Proof of responsibility as prescribed in 
section 20 shall in all cases be deemed sufficient security here- 
under. 

8. Application of Security. Security furnished in compli- 
ance with the requirements hereof shall be applicable only to 
the payment of a judgment against the depositor for damages 
arising out of the accident in question in an action at law in a 
court of this state begun not later than one year after the date 
of such accident; and such deposit, or any balance thereof, 
shall be returned to the depositor or his personal representa- 
tive whenever, after the expiration of such year, the commis- 
sioner shall be given reasonable evidence to believe that there 
is no such action pending and no such judgment unsatisfied. 

9. Limitation. The provisions of section 6 shall not apply 
to the owner of a motor vehicle, trailer or semi-trailer operated 
by one having obtained possession or control thereof without 
his express or implied consent, nor shall it apply to the opera- 
tor or owner of a motor vehicle, trailer or semi-trailer involved 
in an accident caused by a criminal act for which a person 
other than such operator or owner has been convicted. 

10. Suspension, Duration. The suspension required in sec- 
tion 6 shall remain in effect, the motor vehicle, trailer or semi- 
trailer in any manner involved in such accident shall not be 
registered in the name of any person, and no other motor 
vehicle, trailer or semi-trailer shall be registered in the name 
of such person nor any new licenses issued to such person un- 
less and until he has obtained a release or a judgment in his 
favor in an action at law to recover damages for damage to 
property or the death of or bodily injury to any person result- 
ing from such accident or unless he shall have satisfied in the 
manner hereinafter provided any judgment rendered against 
him in such an action, and at all events gives and there- 
after maintains proof of his financial responsibility. 
If the aggrieved or injured person or his legal representative 



298 Chapter 161 [1937 

shall not have brought suit within one year from the date of 
the accident then the commissioner, upon receiving reasonable 
evidence of the fact, may, subject to the other requirements of 
the law, issue to such person a new license to operate and new 
registration certificates and registration plates provided he 
shall give and thereafter maintain proof of financial responsi- 
bility. A discharge in bankruptcy shall not relieve the judg- 
ment debtor from any of the requirements of this act.* 

11. Payments Sufficient to Satisfy Requirements. Every 
judgment herein referred to shall for the purpose of this act 
be deemed satisfied: 

I. When five thousand dollars has been credited upon any 
judgment or judgments rendered in excess of that amount be- 
cause of bodily injury to or death of one person as the result 
of any one accident ; or 

II. When, subject to such limit of five thousand dollars 
because of bodily injury to or death of one person, the sum of 
ten thousand dollars has been credited upon any judgment or 
judgments rendered in excess of that amount because of bodily 
injury to or death of two or more persons as the result of any 
one accident ; or 

III. When one thousand dollars has been credited upon any 
judgment or judgments rendered in excess of that amount be- 
cause of injury to or destruction of property of others as a re- 
sult of any one accident. 

Credit for such amounts shall be deemed a satisfaction of any 
such judgment or judgments in excess of said amounts only for 
the purpose of this act. 

Payments made in settlement of any claims because of 
bodily injury, death or property damage arising from a motor 
vehicle accident shall be credited in reduction of the amounts 
provided for in this section. 

12. Suspension Waived Upon Payment of Judgment in 
Installments. The commissioner shall restore any license or 
registration when the judgment debtor gives proof of his 
financial responsibility in the future and when the judgment 
debtor obtains an order from the trial court in which such 
judgment was rendered, permitting the payment of such judg- 
ment in installments, and while the payment of any said in- 
stallment is not in default. 

13. Application for Payment in Installments. A judgment 
debtor upon five days' notice to the judgment creditor may 



♦Section 10-A, chapter 208, post. 



1937] Chapter 161 299 

apply to the trial court in which such judgment was obtained 
for the privilege of paying such judgment in installments and 
the court, in its discretion and without prejudice to any other 
legal remedies which the judgment creditor may have, may so 
order, fixing the amounts and times of payment of the install- 
ments. 

14. Installment in Default. In the event the judgment 
debtor fails to pay any installment as permitted by the order 
of the court, then upon notice of such default the commissioner 
shall forthwith suspend the license and registration certificates 
and registration plates of the judgment debtor until such judg- 
ment is satisfied as provided in this act. Provided, however, if 
the judgment creditor consents in writing, in such form as the 
commissioner may prescribe, that the judgment debtor be al- 
lowed license and registration, the same may be allowed by the 
commissioner, in his discretion, notwithstanding default in the 
payment of such judgment or of any installment thereof, for 
six months from the date of such consent and thereafter until 
such consent is revoked in writing, if the judgment debtor 
gives and thereafter maintains proof of his financial responsi- 
bihty in the future. 

15. Action Against Non-resident. All of the provisions of this 
act shall apply to any person who is not a resident of this state, 
and if such non-resident has failed to furnish security or to give 
proof of his financial responsibility in the future as required 
hereunder, then and in such event such non-resident shall not 
operate any motor vehicle, trailer or semi-trailer in this state 
nor shall any motor vehicle, trailer or semi-trailer owned by 
him be operated within this state by any person, and the com- 
missioner shall not issue to such non-resident any operator's 
or chauffeur's license or register any motor vehicle, trailer or 
semi-trailer owned by such non-resident in the same manner as 
required with respect to a resident of this state. The opera- 
tion by a non-resident, or with his express or implied consent 
if an owner, of a motor vehicle, trailer or semi-trailer on a pub- 
lic way of the state shall be deemed equivalent to an appoint- 
ment by such non-resident of the motor vehicle commissioner 
or his successor in office, to be his true and lawful attorney up- 
on whom may be served all lawful processes in any action 
against him, growing out of any accident in which said non- 
resident may be involved while so operating or so permitting 
to be operated a motor vehicle on such a way. 



300 Chapter 161 [1937 

16. Policy, Form. No motor vehicle liability policy, as de- 
fined in section 1, shall be issued or delivered in the state un- 
til a copy of the form of the policy has been on file with the in- 
surance commissioner for at least thirty days, unless, before 
the expiration of said period, said insurance commissioner shall 
have approved the form of the policy in writing, nor if said in- 
surance commissioner notifies the company in writing that, in 
his opinion, the form of said policy does not comply with the 
laws of the state, provided that he shall notify the company in 
writing within said period of his approval or disapproval 
thereof. Said insurance commissioner shall approve a form of 
policy which contains the name, address and business of the in- 
sured, a description of the motor vehicles and trailers or semi- 
trailers covered, with the premium charges therefor, the policy 
period, the limits of liability, and an agreement that insurance 
is provided in accordance with and subject to the provisions of 
this act. 

17. Required Provisions. A motor vehicle liability policy 
shall be subject to the following provisions which need not be 
contained therein: 

I. The liability of any company under a motor vehicle 
liability policy shall become absolute whenever loss or damage 
covered by said policy occurs, and the satisfaction by the in- 
sured of a final judgment for such loss or damage shall not be 
a condition precedent to the right or duty of the company to 
make payment on account of said loss or damage. No such 
contract of insurance shall be cancelled or annulled by any 
agreement between the company and the insured after the said 
insured has become responsible for such loss or damage, and 
any such cancellation or annulment shall be void. Upon the 
recovery of a final judgment against any person for any loss or 
damage specified in this section, if the judgment debtor was, at 
the accrual of the cause of action, insured against liability 
therefor under a motor vehicle liability policy, the judgment 
creditor shall be entitled to have the insurance money applied 
to the satisfaction of the judgment. 

II. The policy, the written application therefor, if any, 
and any rider or indorsement, which shall not conflict with the 
provisions of this act, shall constitute the entire contract be- 
tween the parties. 

III. No statement made by the insured or on his behalf, 
and no violation of the terms of the policy, shall operate to de- 



1937] 



Chapter 161 301 



feat or avoid the policy so as to bar recovery within the limit 
provided in the policy. 

IV. If the death, insolvency or bankruptcy of the insured 
shall occur within the policy period, the policy during the un- 
expired portion of such period shall cover the legal representa- 
tives of the insured. Such policy shall contain such provisions, 
as are not inconsistent with this act, as shall be required by 
the insurance commissioner. 

V. Damages shall not be assessed except by special order 
of the court in an action of tort, payment of the judgment 
wherein is secured by a motor vehicle liabihty policy or a motor 
vehicle liability bond, as defined in section 1, and wherein the 
defendant has been defaulted for failure to enter an appear- 
ance until the expiration of thirty days after the plaintiff has 
o-iven notice of such default to the company issuing or execut- 
Tng such policy or bond, and has filed an affidavit thereof. Such 
notice may be given by mailing the same, postage prepaid, to 
the said company or to its agent who issued or executed such 
policy or bond. Upon receipt of information and having be- 
come satisfied that the insured has failed to comply with the 
terms of his policy in regard to notice to the company of an 
accident, the commissioner shall revoke his license and regis- 
tration for such period as the commissioner shall determine. 

18. Liability Bonds. The provisions of sections 16 and 17, 
except paragraphs I, II and III, shall apply to motor vehicle 
liability bonds, as defined in section 1, and every such bond 
shall be subject to, although it need not be contained therein, 
the provision that no statement made by the principal on such 
bond or on his behalf, and no violation of the terms of such 
bond, shall operate to defeat or avoid such bond as against the 
judgment creditor of such principal. 

19. Prohibition. No motor vehicle liability policy other 
than that defined in section 1 shall be issued or deUvered in 
this state by any authorized insurance company, except that 
such an authorized insurance company may issue and deliver 
what is known as a Standard Automobile Liability Policy by 
having attached thereto an indorsement meeting the require- 
ments of this act, such indorsement to be in such form as the 
insurance commissioner shall prescribe and to be known as the 
New Hampshire Statutory Motor Vehicle Liability Policy In- 
dorsement. The insurance commissioner shall approve only 



302 Chapter 161 [1937 

such policy, indorsements and binders as shall meet the require- 
ments of this act. 

20. Amount of Proof Required. Proof of financial re- 
sponsibility shall mean proof of ability to respond in damages 
for any liability thereafter incurred, arising out of the owner- 
ship, maintenance, control or use of a motor vehicle, trailer or 
semi-trailer in the amount of five thousand dollars because of 
bodily injury or death to any one person, and subject to said 
limit respecting one person, in the amount of ten thousand 
dollars because of bodily injury to or death to two or more 
persons in any one accident, and in the amount of one thou- 
sand dollars because of injury to and destruction of property 
in any one accident. Whenever required under this act such 
proof in such amounts shall be furnished for each motor vehi- 
cle, trailer or semi-trailer registered by such person. 

21. Methods of Giving Proof. Proof of financial responsi- 
bility when required under this act may be given by either of 
the following methods: 

I. By filing with the commissioner a certificate, as defined 
in section 1, of an insurance company or of a surety com- 
pany; or 

II. By the deposit of money or securities as provided in 
the following section; or 

III. By satisfying the commissioner that any corporation 
has financial ability to comply with the requirements of this 
act. 

22. Money or Securities Deposited as Proof. A person may 
give proof of financial responsibility by delivering to the com- 
missioner a receipt of the treasurer of this state showing the 
deposit with said treasurer of money in an amount, or securi- 
ties approved by said treasurer and of a market value in a total 
amount, as would be required for coverage in a motor vehicle 
liability policy furnished by the person giving such proof under 
this act. Such securities shall be of a type which may legally 
be purchased by savings banks or for trust funds. All money 
or securities so deposited shall be subject to execution to 
satisfy any judgment mentioned in this act but shall not other- 
wise be subject to attachment or execution. 

23. Limitation. The state treasurer shall not accept any 
such deposit or issue a certificate therefor, and the commis- 
sioner shall not accept such certificate unless accompanied by 
evidence that there are no unsatisfied judgments against the 



1937] Chapter 161 303 

depositor registered in the office of the clerk of the superior 
court for the county where the depositor resides. 

24. May Substitute Other Proof. The commissioner shall 
cancel any bond or return any certificate of insurance, or the 
commissioner shall direct and the state treasurer shall return 
any money or securities, to the person entitled thereto upon the 
substitution and acceptance of other adequate proof of finan- 
cial responsibility pursuant to this act. 

25. Operating Without Giving Proof. Any person whose 
operator's or chauffeur's license or registration certificates or 
other privilege to operate a motor vehicle, trailer or semi- 
trailer has been suspended or revoked, restoration thereof or 
the issuance of a new license or registration being contingent 
upon the furnishing of security or proof of financial responsi- 
bility, and who during such suspension or revocation or in the 
absence of full authorization from the commissioner shall drive 
any motor vehicle, trailer or semi-trailer upon any highway or 
knowingly permits any motor vehicle, trailer or semi-trailer 
owned by such person to be operated by another upon any high- 
way, except as permitted hereunder, shall be imprisoned for 
not more than six months or fined not more than five hundred 
dollars, or both. 

26. Application of Act. This act shall in no respect be con- 
sidered as a repeal of the provisions of the state motor vehicle 
laws but shall be construed as supplemental thereto. 

27. Limitation. This act shall not be construed to prevent 
the plaintiff in any action at law from relying for security up- 
on the other processes provided by law. 

28. Repeal. Chapter 54 of the Laws of 1927 and chapter 
189 of the Laws of 1929 are hereby repealed. 

29. Takes Effect. This act shall take effect September 1, 
1937. 

[Approved July 14, 1937.] 



304 



Chapter 162 



[1937 



CHAPTER 162. 

AN ACT ESTABLISHING A BOARD OF REGISTRATION OF HAIR- 
DRESSERS AND REGULATING THE OCCUPATION OF HAIRDRESSING. 



Section 


Section 


1. 


Title. 


13. 


Approved schools. 


2. 


Definitions. 


14. 


Apprentices. 


3. 


Board established. 


15. 


Registration of students and 


4. 


Duties of the secretary. 




apprentices. 


5. 


Rules and regulations. 


16. 


Credit for practical experience. 


6. 


Suspension, revocation, rein- 


17. 


Registration of shops and es- 




statement. 




tablishments. 


7. 


Inspections. 


18. 


License certificate. 


8. 


Compensation of board ; dispo- 


19. 


Fees. 




sition of revenue. 


20. 


Term of license and registra- 


9. 


Duties of board. 




tion. 


10. 


Examinations. 


21. 


Health certificate. 


11. 


License and registration re- 


22. 


Penalties. 




quired. 


23. 


Constitutionality. 


12. 


Qualifications for license. 


24. 


Effective date of act. 



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

1. Title. This act may be cited as the act regulating the 
practice of hairdressing and beauty culture. 

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

I. "Apprentice," a person studying hairdressing or mani- 
curing in a shop. 

II. "Board," the board of registration of hairdressers 
established by this act. 

III. "Hairdresser," any person who engages in hairdress- 
ing for compensation, except the following persons: (1) A bar- 
ber engaged in his usual occupation, or only in cutting the hair 
of any female; (2) a person who engages in behalf of a manu- 
facturer or distributor solely in demonstrating the use of any 
machine or other article for purposes of sale, without charge to 
the person who is the subject of such demonstration; (3) a per- 
son engaged in the practice of hairdressing in a charitable or 
benevolent institution, where such practice is carried on solely 
for the benefit of the residents of such institution. 

IV. "Hairdressing," arranging, dressing, curling, waving, 
cleansing, cutting, singeing, bleaching, coloring or similarly 
treating the hair of any female, or performing work as a cos- 
metologist or a manicurist or any combination of the foregoing, 



1937] Chapter 162 305 

but not including the removal of superfluous hair or skin 
blemishes by direct application of an electric current. 

V. "Operator," a person engaged in hairdressing or in any 
of its branches under the supervision of a licensed hairdresser. 

VI. "Manicurist," any person who engages in manicuring 
for compensation. 

VII. "Manicuring," the cutting, trimming, polishing, tint- 
ing, coloring or cleansing the nails of any person. 

VIII. "School," a school or other institution privately 
owned, conducted for the purpose of teaching hairdressing, 
manicuring and all branches of beauty culture. 

IX. "Shop," a beauty shop or other place which customers 
frequent for hairdressing or manicuring, where one or more 
hairdressers practice. 

X. "Student," a person studying hairdressing or mani- 
curing in a school. 

XI. "Person," any individual, male or female, acting in- 
dividually or as a copartner, firm or corporation. 

3. Board Established. There is hereby established a Board 
of Registration of Hairdressers, consisting of three members, 
appointed by the governor with the advice of the council, who 
shall have been engaged in the practice of hairdressing in this 
state for not less than five years. The terms of the members 
of the board shall be for three, two and one years respectively 
in the order of their appointment and for three years there- 
after. One member of the board shall be designated as chair- 
man and one as secretary. Each member so appointed shall 
continue to serve until his successor is appointed and qualified 
to act. The governor, with the advice and consent of the 
council, shall have the authority to fill any vacancy occurring 
in the board. 

4. Duties of the Secretary. The secretary shall keep a rec- 
ord containing the names and addresses of all licensees and 
shops, schools and establishments registered under this act 
with the date of issuance, renewal, suspension or revocation of 
all licenses and registrations; which record shall be open to 
public inspection at all reasonable times. He shall issue 
notices, license and registration certificates, and make or cause 
to be made sanitary inspections of all shops and establishments 
at least twice each year. 

5. Rules and Regulations. The board shall make such uni- 
form and reasonable rules and regulations as are necessary for 



306 Chapter 162 [1937 

the proper conduct of its business, the establishment of proper 
standards of professional skill in relation to, and the proper 
supervision of, hairdressers, manicurists, operators, shops, 
schools, students and apprentices, and especially shall prescribe 
such sanitary rules, subject to the approval of the state board 
of health, as may be necessary to promote cleanliness and 
safety and prevent the transmission of communicable dis- 
eases, but nothing herein shall authorize the board to limit the 
number of hairdressers, manicurists, shops, schools, operators , 
students or apprentices in the state or in any given locality, 
or to regulate or fix compensation or prices, or to refuse to 
license a shop solely for the reason that such shop is to be 
conducted by a person in his own home on a full or part time 
basis, or to interfere in any way with the conduct of the busi- 
ness of hairdressing or manicuring, except so far as is neces- 
sary for the protection of the public health, safety or morals. 
The board shall cause such rules and regulations to be printed 
in suitable form and a copy thereof to be sent to the proprie- 
tors of such shops, schools and establishments, which shall be 
kept posted in a conspicuous place in such shops, schools and 
establishments, so as to be easily read. 

6. Suspension, Revocation, Reinstatement. The failure of 
any person to observe the requirements of any rules and regu- 
lations made by said board shall be cause for the suspension or 
revocation of any license or certificate of registration issued 
by said board, but no license or registration shall be suspended 
or revoked without a reasonable opportunity being offered to 
such person to show cause to said board why such license or 
registration should not be suspended or revoked. Before any 
license or registration shall be suspended, revoked or cancelled, 
the licensee and holder of certificate of registration shall have 
had notice in writing of the charge or charges against him and 
at a day specified in said notice, which shall be at least ten days 
after service of notice thereof, shall have been given a hearing 
and an opportunity to present testimony in his behalf and to 
confront the witnesses against him. The mailing of a regis- 
tered letter, postage prepaid, containing a notice of such hear- 
ing and addressed to the licensee or holder of certificate of 
registration at his address in this state as it appears in his 
license or registration certificate, shall be a sufficient service 
of such notice, and said ten-day period shall begin to run from 
the date of such mailing. Any such license or registration 



1937] Chapter 162 307 

suspended or revoked shall be delivered to any member of the 
board or its agent upon demand. The board may, upon 
written request, after investigation, reinstate any license or 
registration, upon satisfactory proof that this can be done con- 
sistently with public interests. 

7. Inspections. Any member of the board shall have power 
to enter and make reasonable examination and inspection of 
any such shop, school or establishment during business hours 
for the purpose of ascertaining whether or not the rules and 
regulations are being observed. 

8. Compensation of Board; Disposition of Revenue. The 
secretary shall receive and receipt for all fees received by the 
board under this act and shall at the end of each month report 
to the comptroller the total amount of all money received from 
all sources and shall at the same time deposit with the state 
treasurer the entire amount of said receipts. Said secretary 
shall give bond to the state in the sum of two thousand dollars, 
with sufficient sureties to be approved by the attorney-general, 
conditioned that he shall faithfully perform all the duties of 
his office. The annual salary of said secretary shall be five 
hundred dollars. Each member of said board shall receive five 
dollars a day while in attendance upon examinations or con- 
ducting inspections and reasonable expenses while traveling in 
the performance of his duties. The compensation and ex- 
penses of the members of the board shall be paid by the state 
treasurer upon the warrant of the governor, but the total ex- 
penditures for such purpose shall not exceed the total moneys 
received by the state treasurer under the provisions hereof. 

9. Duties of Board. The board shall prescribe the duties 
of its officers and employees, which shall be at all times subject 
to the direction and supervision of the state board of health, 
shall establish a principal office, at which all records and files 
of the board shall be kept. The board shall keep a record of 
its proceedings and shall do all other things necessary to carry 
out the provisions of this act. It shall be the duty of the 
board to report to proper prosecuting officers all violations of 
this act coming within its knowledge, to make a written report 
annually to the governor containing a full and complete ac- 
count of all its official acts during the year, together with a 
statement of the receipts and disbursements of the board and 
such comments as may be deemed necessary. 

10. Examinations. The board shall hold examinations at 



308 Chapter 162 [1937 

least once in six months in such cities and towns throughout 
the state as it may deem most convenient for applicants and at 
such additional times as it may from time to time determine. 
The board shall notify all applicants at least ten days in ad- 
vance as to the place, date and time of examinations, and pub- 
lish notice of same in such form and places as said board may 
prescribe. 

11. License and Registration Required. It shall be unlaw- 
ful for any person (a) to practice hairdressing and beauty cul- 
ture in this state unless he shall first have obtained a license 
as provided by this act, and (b) to operate or work in a shop, 
school or other establishment, even though licensed, unless 
said shop, school or establishment is registered as provided by 
this act. 

12. Qualifications for License. 

I. Applicants. Upon payment of the fee provided by this 
act, applicants shall be eligible to obtain licenses as follows : 

(a) Operators. Any person who is (1) at least sixteen 
years of age, (2) who is of good moral character and tem- 
perate habits, (3) who shall have had an education equivalent 
to the completion of the eighth grade in the public schools of 
this state, (4) who has had training of at least one thousand 
hours extending over a school term of six months in a school 
of cosmetology in this state, approved by the board of this 
state, or (5) who has served at least six months in this state 
as an apprentice in a cosmetological establishment, or (6) who 
has studied or practiced as defined in (4), (5) and (6) for a 
like period in a state whose requirements are substantially 
the same as this state and in which hairdressers licensed in 
this state are given like recognition. 

(b) Operators Entitled to Hairdresser's License. Any 
licensed operator shall be entitled to practice hairdressing for 
compensation, but shall not be entitled to open or operate a 
shop in his own name until he has had not less than six months' 
practical experience under the supervision of a licensed hair- 
dresser and in a registered shop in this state, but shall, there- 
after, upon application to said board and without examination 
or payment of additional fee, be entitled to receive a license as 
a hairdresser. 

(c) Hairdressers. Any person who has been actively en- 
gaged in the practice of hairdressing and beauty culture in 
this state for a period of at least three months prior to this 



1937] Chapter 162 309 

act taking full effect shall be entitled, upon written application 
to the board and without examination, to receive a license to 
practice hairdressing in this state upon payment of fee pro- 
vided by this act. 

(d) Manicurists. Any person who has complied with re- 
quirements (1), (2), and (3) as above set forth, and in addi- 
tion thereto (4) has completed a course of at least one month, 
including at least one hundred hours of professional training in 
manicuring in a school approved by the board, or (5) any ap- 
prentice who, in the opinion of the board, has received the 
equivalent of such a course. Any person who has been actively 
engaged in the practice of manicuring in this state for a period 
of at least three months prior to this act taking full effect shall 
be entitled, upon written application to the board, and with- 
out examination, to receive a license to practice manicuring in 
this state upon payment of fee provided by this act. 

(e) Non-residents. The board may license without exami- 
nation any hairdresser or manicurist who has been registered 
or licensed as such under the laws of another state which, in 
the opinion of the board, maintains a standard substantially 
equivalent to that of this state and in which hairdressers and 
manicurists licensed in this state are given like recognition, 
upon payment of fee provided by this act. 

II. Applications. Applicants shall make written applica- 
tion on a form prescribed and supplied by said board, which 
shall contain satisfactory evidence of the quahfications re- 
quired of the applicant under this act and shall be filed with 
the secretary of said board and shall be accompanied by ex- 
amination fee, which shall include fee for license certificate if 
examination is satisfactory; if not successful, applicant shall 
have the privilege of taking a second examination without 
payment of additional fee at any subsequent examination held 
by the board within a period of one year. 

13. Approved Schools. No school of hairdressing and 
beauty culture shall be approved by said board in this state un- 
less it has a minimum requirement of a continuous course of 
study of one thousand hours distributed over a period of not 
less than six months, including practical demonstrations, 
written or oral tests, and theoretical and practical instruction 
in sanitation, sterilization and the use of antiseptics, cosmetics 
and electrical appliances, which course of study and instruc- 
tion shall be subject to the approval of said board. Schools 



310 Chapter 162 [1937 

must provide a separate room for class work and instruction 
and one room for supervised practice. Each school shall have 
in good working order all apparatus and equipment necessary 
for the full and ready teaching of all subjects included in its 
curriculum. Schools must keep daily record of attendance of 
each student and each practice and tests records shall be open 
for inspection by members of the board. All brushes, combs, 
towels, instruments, and applicators must be cleaned and must 
be disinfected after each use. All students must wear wash- 
able uniforms. Suitable containers for soiled towels, brushes, 
and combs must be provided. Floors must have washable 
coverings. No person shall be engaged to instruct in any of 
the branches of hairdressing, beauty culture and manicuring 
as defined in this act unless licensed by the board. 

14. Apprentices. No shop or other establishment shall 
have at any time more than one apprentice after this act takes 
full effect, provided, however, this provision shall not affect 
apprentices who are engaged as such at the time of the passage 
of this act. 

15. Registration of Students and Apprentices. All students 
enrolled in registered schools shall, within fifteen days after 
entering upon their course of study, be registered with the 
board by such school. Students at registered schools may, 
within such fifteen-day period, register with the board. Every 
apprentice who is engaged as such at the time this act takes 
full effect, shall, within fifteen days the'reafter, and every other 
apprentice shall, within fifteen days after the beginning of his 
apprenticeship, file with the secretary of the board the name 
and place of business of his employer, the date of commence- 
ment of such apprenticeship, and the full name, age and ad- 
dress of said apprentice. No fee shall be required for regis- 
tration of students and apprentices. Students and apprentices 
may practice on paying customers under the supervision of a 
hairdresser at reduced price and with full understanding by the 
customer that the work is done by student or apprentice. A 
school or shop may pay a student or apprentice for any serv- 
ices rendered by him. Any student or apprentice shall be 
allowed credit for time spent in a school or shop prior to this 
act taking full effect, provided the school or shop is registered 
by the board at the time the student or apprentice applies for 
an examination. 

16. Credit for Practical Experience. Any student or ap- 



1937] Chapter 162 311 

prentice eligible to take examination for a license as an opera- 
tor may, pending the holding of such examination, apply to 
said board for a student's and apprentice's permit, accom- 
panied by a fee of ten dollars. The board may issue a permit 
which shall authorize said student or apprentice to engage in 
the practice of hairdressing or manicuring under the super- 
vision of a licensed hairdresser and in a registered shop in this 
state. If said student or apprentice takes an examination 
given by said board for an operator's license within six months 
from the date of the issuance of said permit, credit shall be 
given for the payment of ten dollars on the fee required, and 
said student or apprentice may be credited with the practical 
experience so acquired relative to the issuance thereafter of a 
hairdresser's license. 

17. Registration of Shops and Establishments. Licensed 
hairdressers may, upon written application in the form pro- 
vided, accompanied by fee, upon the approval of board, receive 
a certificate of registration authorizing such applicant 
to operate a shop in this state, which license may thereafter be 
renewed upon payment of renewal fee. The board may author- 
ize a hairdresser licensed in this state to change the location 
of a shop and may issue to any hairdresser licensed in this 
state a short-term license for a period not exceeding three 
months, upon payment of fee. Booths attached to or within 
a shop that are operated independently thereof shall be subject 
to registration fees in the same manner as an independent 
shop. 

18. License Certificate. The board shall furnish to each 
licensed operator and hairdresser a license bearing the seal of 
the board, certifying that the holder thereof is entitled to 
practice hairdressing and beauty culture in this state and it 
shall be the duty of the holder of such license to post the same 
in a conspicuous place where it may be readily seen by all per- 
sons whom he may serve. A license limited to manicuring only 
may be issued by the board upon compliance with such exami- 
nation requirements as may be determined by the board and 
upon payment of the fees as provided by this act. 

19. Fees. Except as herein otherwise provided, the fees 
established by this act to be paid to said board by applicants 
before a license or registration certificate shall issue shall be 
as follows: 



312 Chapter 162 [1937 

Applicant Original Renewal 

School $25.00 $25.00 

Shop 10.00 5.00 

Short-term Shop 5.00 3.00 

Hairdressers 5.00 2.00 

Non-resident Hairdressers . . 20.00 2.00 

Manicurists 3.00 2.00 

Non-resident Manicurists . . . 5.00 2.00 

Examination 10.00 

20. Term of License and Registration. Each license and 
registration issued under this act shall expire on June thirtieth 
next succeeding its date of issuance and shall not be renewed 
unless application therefor is filed and the fee paid. Licenses 
and registrations may be renewed at any time during the year 
following their expiration, upon payment of the renewal fee 
prescribed therefor. The secretary shall, at least ten days 
prior to the expiration of any license and registration, mail a 
notice to the holder, advising him to that effect, and enclose 
therewith a blank application for renewal thereof. If the 
holder of any license or registration certificate fails to renew 
same upon the expiration thereof for the next succeeding year, 
he shall be required to pay the original license and registration 
fee in the event he subsequently applies for same. 

21. Health Certificate. Before engaging in actual employ- 
ment in the practice of hairdressing and at least once every 
year thereafter every registered hairdresser and operator shall 
secure from a physician a certificate stating that such hair- 
dresser or operator is not afflicted with tuberculosis, venereal 
disease in a communicable form, or with any other com- 
municable disease. Said certificate shall be on a form furn- 
ished by the board and shall be kept conspicuously posted with 
the license certificate provided under section 18 of this act. 

22. Penalties. Whoever practices or attempts to practice 
the occupation of hairdressing or manicuring unless licensed 
by the board, and whoever conducts or attempts to conduct a 
school, shop or establishment not registered by said board, and 
whoever violates any provision of this act or any rule or 
regulation made under authority thereof shall be fined not 
more than one hundred dollars or imprisoned not more than six 
months, or both, in the discretion of the court. 

23. Constitutionality. If any section, sub-section, sentence, 



1937] 



Chapter 163 



313 



clause or phrase of this act is for any reason held to be un- 
constitutional, such decision shall not affect the validity of the 
remaining portions of this act. 

24. Effective Date of Act. The provisions of this act au- 
thorizing the establishment and organization of said board 
shall take effect upon its passage, and the remaining provisions 
of this act shall become effective on September 1, 1937, or up- 
on such later date as the members of the board established by 
this act shall be appointed and qualified. 

[Approved July 14, 1937.] 



CHAPTER 163. 



AN ACT TO REGULATE THE PRACTICE OF BARBERING. 



Section 


Sect 


ION 


1. 


Title. 


13. 


Barbers from other states 


2. 


Barbering defined. 


14. 


Resident barbers. 


3. 


Exemptions. 


15. 


Display of certificate. 


4. 


Examining and licensing board. 


16. 


Shop registration. 


5. 


Duties of the secretary and 


17. 


Annual renewals. 




treasurer. 


18. 


Grounds for exclusion. 


6. 


Receipts and their disposition. 


19. 


Hearing on exclusion. 


7. 


Compensation. 


20. 


Fees. 


8. 


Registration. 


21. 


Penalties. 


9. 


Qualifications. 


22. 


Application of laws. 


10. 


Applications. 


23. 


Where in force. 


11. 


Examinations. 


24. 


Takes efifect. 


12. 


Certificate. 







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

1. Title. This act shall be known and may be cited as the 
New Hampshire Barber Law. 

2. Barbering Defined. The practice of barbering is hereby 
defined to be any of or any combination of the following prac- 
tices for hire or reward: Shaving or trimming the beard or 
cutting or bobbing the hair ; giving facial or scalp massages or 
treatment with oils, creams, lotions or other preparations, 
either by hand or mechanical appliances; singeing, sham- 
pooing, arranging, dressing, or dyeing the hair or applying hair 
tonics; applying cosmetic preparations, antiseptics, powders, 
oils, clays or lotions to scalp, face or neck ; removing super- 
fluous hair from the face or neck of any person. For the pur- 
pose of this act the term barber shop is hereby defined to em- 
brace and include any estabhshment or place of business 



314 Chapter 163 [1937 

wherein the practice of barbering as hereinabove defined is en- 
gaged in or carried on. 

3. Exemptions. The provisions of this act shall not be 
construed to apply to (a) persons authorized by the law of this 
state to practice medicine and surgery, or osteopathy or chiro- 
practic; (b) commissioned medical or surgical officers of the 
United States army, navy or marine hospital service ; (c) regis- 
tered nurses under the laws of this state ; (d) persons practic- 
ing beauty culture, or operating beauty parlors, so-called, 
patronized mainly by women; (e) persons engaged in the 
practice of barbering in public or private institutions, where 
such practice is carried on solely for the benefit of the inmates 
of such institution; (f) undertakers or their assistants in the 
practice of their profession. 

4. Examining and Licensing Board. There is hereby 
created a Barbers' Examining and Licensing Board, herein re- 
ferred to as the board, which shall consist of three members 
appointed by the governor with the advice and consent of the 
council. At least two members of the board shall be practical 
barbers who have followed the practice of barbering in this 
state for at least five years. One member of the board shall 
be designated as chairman and one member as secretary and 
treasurer. The members of the first board shall be appointed 
to serve for three years, two years and one year respectively, 
as designated in the appointment, and thereafter each member 
appointed shall serve for three years. The governor may re- 
move a member for cause. Members appointed to fill vacancies 
shall serve during the unexpired terms of their predecessors. 

5. Duties of the Secretary and Treasurer. The secretary 
and treasurer shall keep a record of all the proceedings of the 
board, and shall report annually to the governor and council 
giving a full statement of all receipts and expenditures and a 
statement of its work during the year together with such rec- 
ommendations as it may deem expedient. The secretary shall 
keep on file and open to public inspection at all reasonable 
times a record of its proceedings relating to the issuance, re- 
fusal, renewal, suspension, and revocation of certificates of 
registration. 

6. Receipts and Their Disposition. The secretary and 
treasurer shall file with the secretary of state a bond for the 
sum of one thousand dollars with sufficient sureties, approved 
by the attorney-general, for the faithful performance of his 



1937] Chapter 163 315 

duties. All moneys received by the board under this act shall 
be paid to the secretary of the board, who shall give a receipt 
for the same and shall at the end of each month report to the 
state comptroller the total amount of money received by him 
on behalf of the board from all sources and shall at the same 
time deposit with the state treasurer the entire amount of such 
receipts. 

7. Compensation. The secretary and treasurer shall re- 
ceive a salary of three hundred dollars per year and each of 
the other members of the board shall receive as compensation 
the sum of five dollars for each day actually devoted to the 
work of the board and each member of the board shall be re- 
imbursed for necessary traveling expenses incurred in the dis- 
charge of his duty, provided that the total expenditures hereby 
authorized shall not exceed the amount of moneys received by 
the state treasurer from the board during the current year. 

8. Registration. It shall be unlawful for any person to en- 
gage in the practice of barbering or attempt to practice barber- 
ing without a certificate of registration issued pursuant to the 
provisions of this act. It shall be unlawful for any person to 
serve as an apprentice under a registered barber without a 
certificate of registration as a registered apprentice issued by 
said board. It shall be unlawful for any person, firm or cor- 
poration to operate a barber shop unless such shop shall at all 
times be under the direct supervision and management of a 
registered barber. It shall be unlawful for any person, firm 
or corporation to hire or employ any person to engage in the 
practice of barbering unless such person then holds a valid, un- 
expired and unrevoked certificate of registration to practice 
barbering or a certificate of registration as a registered appren- 
tice or a permit to practice as a journeyman barber or a per- 
mit to work as an apprentice, issued under the provisions of 
this act. 

9. Qualifications. Any person is qualified to receive a cer- 
tificate of registration to practice barbering (a) who is at least 
eighteen years of age; (b) who has practiced as a registered 
apprentice for a period of six months under the immediate per- 
sonal supervision of a registered barber; (c) who has passed 
a satisfactory examination conducted by the board to de- 
termine his fitness to practice barbering. Any person is quali- 
fied to receive a certificate of registration as a registered ap- 



316 Chapter 163 [1937 

prentice who is at least sixteen years of age and has paid the 
required fee. 

10. Applications. Each applicant for an examination be- 
fore said board shall file an application under oath which shall 
be in such form and contain such information as may be re- 
quired by the board and said applicant shall pay the required 
fee. 

11. Examinations. The board shall conduct examinations 
of applicants for certificates of registration to practice as 
registered barbers no more than eight times each year, at such 
times and places as the board may determine. The examina- 
tion of applicants for certificates of registration as registered 
barbers shall include both a practical demonstration and a 
written and oral test, and shall embrace such subjects as the 
board may deem necessary to determine fitness. Before en- 
gaging in actual employment in the practice of barbering, and 
at least once a year thereafter, every registered barber and 
registered apprentice shall secure from a physician a certificate 
stating that such barber or apprentice is not afflicted with 
tuberculosis, venereal disease in a communicable stage, or with 
any other communicable disease. Said certificate shall be on a 
form furnished by the board. 

12. Certificate. Certificate of registered barber shall be 
issued by the board to any applicant who shall pass a satisfac- 
tory examintion, making an average grade of not less than 
seventy per cent, and who shall possess the other qualifications 
required by law. An applicant who fails to pass a satisfactory 
examination must continue to practice as an apprentice for an 
additional six months before he is again entitled to take the 
examination for a registered barber. 

13. Barbers from Other States, Any person who is (a) at 
least eighteen years of age; (b) has a license or certificate of 
registration as a practicing barber from another state or coun- 
try which has substantially the same requirements for licens- 
ing or registering barbers as required by this act, or ; (c) who 
can prove by sworn affidavits that he has practiced as a barber 
in another state or country for at least five years immediately 
prior to making application in this state, shall upon payment 
of the required fee be issued a permit to practice as a journey- 
man barber only until he is called by the board for examina- 
tion to determine his fitness to receive a certificate of registra- 
tion to practice barbering. 



1937] Chapter 163 317 

Should he fail to pass the required examination, he shall be 
allowed to practice as a journeyman barber until he is called 
by the board for the next term of examinations. Should he 
fail at the second examination, he must cease to practice bar- 
bering in this state. 

Any apprentice who is at least sixteen years of age and has 
a certificate of registration as an apprentice in a state or 
country which has substantially the same requirements for 
registration as an apprentice as is provided by this act shall, 
upon payment of the required fee, be issued a permit to work 
as an apprentice and the time spent in such other state or 
country as an apprentice shall be credited upon the period of 
apprenticeship required by this act as a qualification to take 
the examination to determine his fitness to receive a certificate 
of registration as a registered barber. 

Any person who has practiced as an apprentice in another 
state or country which does not have substantially the same 
requirements for registration as an apprentice as required by 
this act and who has the qualifications required in section 9 
of this act, shall be credited with the time spent as an appren- 
tice in such other state or country upon the period of appren- 
ticeship required by this act as a qualification to take the ex- 
amination to determine fitness to receive a certificate of 
registration as a registered barber. 

14. Resident Barbers. Any person a resident of this state 
who has since January first, 1937, been continuously engaged 
in the practice of barbering at one or more established places 
of business shall be granted a certificate of registration as a 
registered barber without examination by making application 
to the board on or before September first, 1937, and paying the 
required fee. Any person who has been practicing barbering 
as an apprentice under the supervision of a practicing barber 
in this state, continuously since January first, 1937, shall be 
granted a certificate of registration to practice as an appren- 
tice by making application to the board on or before Septem- 
ber first, 1937, and paying the required fee. Such person shall, 
in either of the cases above-mentioned, be given credit for the 
time so spent as a part of the time required under the pro- 
visions of section 9 of this act. 

15. Display of Certificate. Every holder of a certificate of 
registration shall display it, together with the physician's 



318 Chapter 163 [1937 

certificate of liealth required under section 11 of this act, in 
a conspicuous place adjacent to or near his work chair. 

16. Shop Registration. It shall be unlawful for any per- 
son, firm or corporation, either as owner, manager or agent, to 
open, establish, conduct or maintain a shop, place or establish- 
ment in this state for the conduct of the occupation of barber 
without first having obtained from this board a certificate of 
registration or license of such barber shop or establishment. 
Apphcation for such shop registration or license shall be made 
to said board in writing and shall state the name and address 
of the owner of such shop and the city or town and the street 
and number where the same is located, and contain such other 
information as may be required by said board. 

Upon receipt of such written application said board shall 
notify the local board of health who shall make an investigation 
and if said board of health shall find that the operators in such 
shop or establishment hold certificates of registration to prac- 
tice barbering, as herein provided, and that such shop or 
establishment is, with respect to its location, appointments, 
equipment and appliances, suitable and sanitary for such pur- 
pose said board of health shall so report to said board and said 
board shall issue to the apphcant, upon payment of the fee 
herein provided, a certificate or a registration or a license to 
conduct a barber shop or establishment at such location until 
the first day of July following the date of such registration. 

Said board shall annually on the first day of July, upon 
written application made by a holder of a shop registration or 
license, if said board shall find that such shop or establish- 
ment complies with the provisions hereof, issue a renewal of 
such registration or license to the holder thereof for a period 
of one year from such July first. Such certificate or registra- 
tion or license shall be conspicuously posted within such shop 
or establishment. 

In the event of a change of location of any registered barber 
shop and upon notice thereof, said board shall issue a transfer 
of certificate of registration of such shop to its new location, 
provided such new location shall meet the requirements herein 
provided and of the rules and regulations of said board. Said 
board may revoke any certificate of shop registration or license 
upon finding that such shop or establishment fails to comply 
with the provisions of this act or the rules and regulations 
prescribed by said board, provided that before any such certifi- 



1937] Chapter 163 319 

cate shall be revoked the holder shall have notice thereof and 
be granted a hearing as provided with respect to the revocation 
of licenses to practice barbering. 

17. Annual Renewals. Every registered barber and every 
registered apprentice who continues in active practice or serv- 
ice shall annually on or before July first of each year renew his 
certificate of registration and pay the required fee. Every 
certificate of registration which has not been renewed during 
the month of July in any year shall expire on the first day of 
August in that year. A registered barber or a registered ap- 
prentice whose certificate of registration has expired may have 
his certificate restored upon payment of the required restora- 
tion fee. Any registered barber who retires from the practice 
of barbering for not more than five years may renew his cer- 
tificate of registration upon payment of the required restora- 
tion fee. 

18. Grounds for Exclusion. The board may either refuse 
to issue or renew or may suspend or revoke any certificate of 
registration for any of the following causes : (a) Malpractice 
or incompetency; (b) continued practice by a person having 
an infectious or contagious or communicable disease; (c) ad- 
vertising by means of knowingly false and deceptive state- 
ments; (d) advertising, practicing or attempting to practice 
under another's name; (e) habitual drunkenness or habitual 
addiction to use of morphine or cocaine or other habit-forming 
drugs ; (f ) the commission of any of the offenses referred to in 
section 21 of this act. 

19. Hearing on Exclusion. The board shall not refuse to 
issue or remove or suspend or revoke any certificate of regis- 
tration to any person for any of the causes referred to in sec- 
tion 18 of this act, unless before taking such action the board 
shall have given written notice thereof to such person, stating 
the specific reason for its adverse action and such person shall 
have been granted the opportunity to appear before the board 
for a public hearing within twenty days from the date of said 
notice. At such hearing the accused may be represented by 
counsel. 

The board shall have the power to summon witnesses and to 
require the production of books, records and papers for the 
purpose of such hearing. Subpoenas shall be issued by the 
secretary of the board, directed to the sheriff of the proper 
county, to be served and returned in the same manner as sub- 



320 Chapter 163 [1937 

poenas in criminal cases. The fees and mileage of the sheriff 
and witnesses shall be the same as allowed in criminal cases in 
the superior court and shall be paid from the funds of the 
board as other expenses of the board are paid. 

If the accused shall prevail at such hearing, the board shall 
grant him the proper reHef without delay. Any investigation, 
inquiry or hearing thus authorized may be entertained or held 
by or before any member or members of the board, and the 
finding or order of such member or members, when approved 
and confirmed by the board, shall be deemed the finding or 
order of the board. 

20. Fees. The fees to be paid by an applicant for an ex- 
amination to determine his fitness to receive a certificate of 
registration to practice barbering shall be five dollars and for 
the issuance of the certificate one dollar. 

The fee to be paid by an applicant for a certificate of regis- 
tration to practice as an apprentice shall be two dollars and for 
the issuance of the certificate one dollar. 

The fee to be paid for the renewal of a certificate of registra- 
tion to practice barbering shall be two dollars and for the 
restoration of an expired certificate three dollars. 

The fee to be paid for the renewal of a certificate of regis- 
tration to practice as an apprentice shall be one dollar and for 
the restoration of an expired certificate two dollars. 

The fee to be paid for a certificate of registration or license 
to maintain a barber shop shall be three dollars. 

21. Penalties. The violation of or wilful failure to com- 
ply with any of the provisions of this act or of any rule or 
regulation lawfully made hereunder shall constitute a mis- 
demeanor punishable by a fine of not less than twenty-five 
dollars nor more than two hundred dollars. It shall be the duty 
of the local health officers, with the general co-operation of the 
state board of health, to enforce the provisions of this act by 
regular inspections of all barber shops at least four times 
every year, to prosecute in the courts any violations discovered 
and to report such violations to the examining and licensing 
board. 

22. Application of Laws. Sections 19, 20 and 21 of 
chapter 133 of the Public Laws shall not apply in cities and 
towns where this act is effective. 

23. Where in Force. The provisions of this act shall be in 
force in all cities and towns of one thousand or more inhabi- 



1937] Chapter 164 321 

tants and in such other towns as shall by majority vote at an 
annual or special town meeting adopt the same, under an 
article in the warrant for such action. 

24. Takes Effect. The provisions of this act authorizing 
the establishment and organization of said board shall take 
effect upon its passage and the remaining provisions shall take 
effect on September 1, 1937. 

[Approved July 14, 1937.] 



CHAPTER 164. 



AN ACT RELATING TO CARRIERS OF PROPERTY FOR HIRE ON THE 
PUBLIC HIGHWAYS. 



Section 
3. Takes effect. 



Section 

1. Registration certificates. 

2. Temporary provisions for reg- 

istration certificates and 
number plates. 

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

1. Registration Certificates. Amend section 9 of chapter 
106 of the Laws of 1933, by striking out the words, "the 
thirty-first day of December of the year of its issue" and 
by inserting in place thereof the words, midnight upon the 
thirty-first day of March next following the date of its issue, 
so that said section as amended shall be as follows : 9. Fees. 
Each application for a registration certificate or special 
number plates for operation as a common carrier shall 
be accompanied by a fee of five dollars, except that the fee 
for the period ending December 31, 1933, shall be two dollars 
and fifty cents, such money to be used for the purpose 
of defraying the expenses of administering this act. A copy 
of said certificate and the special number plates shall at all 
times be displayed on each motor vehicle authorized by the 
commission to operate under the provisions of the foregoing 
sections. The charge for each additional plate and copy of 
registration certificate shall be two dollars. In the case of 
contract carriers the charge for registation certificate and 
special number plates shall be two dollars. Plates shall not be 
changed from one vehicle to another unless written notice 
thereof has been mailed to the commission. No certificate 



322 Chapter 165 [1937 

may be transferred or sold without the consent of the commis- 
sion authorizing such transfer or sale. No certificate granted 
under this act shall be eifective after midnight upon the thirty- 
first day of March next following the date of its issue. The 
renewals shall be issued upon application made in accordance 
with the commission's requirements upon the payment of fees 
prescribed for original applications. 

2. Temporary Provisions for Registration Certificates and 
Number Plates. For the period from January first to March 
thirty-first, 1938, inclusive, any carrier to whom registration 
certificates and special number plates have been issued for the 
year 1937 shall display on each motor vehicle authorized by the 
public service commission to operate under the provisions of 
chapter 106 of the Laws of 1933, the special number plates 
issued for such motor vehicle, for the year 1937, and such 
motor vehicle shall be deemed to be properly registered under 
the provisions of said chapter 106 for the period ending March 
31, 1938. The registration of every motor vehicle registered 
under said chapter for the period from January 1, 1938 to 
March 31, 1938 shall expire at midnight, March 31, 1938. For 
such registrations the commission may issue 1937 plates, and 
motor vehicles displaying such plates shall be deemed to be 
properly registered under said chapter. 

3. Takes Effect. This act shall take effect at midnight, 
December 31, 1937. 

[Approved July 14, 1937.] 



CHAPTER 165. 

AN ACT RELATING TO THE SALE OF SECURITIES. 

Section I Section 

1. Definition of securities. | 2. Takes effect. 

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

1. Definition. Amend section 2, chapter 284 of the Public 
Laws, as amended by chapter 63 of the Laws of 1927, chap- 
ter 38 of the Laws of 1929, chapter 101 of the Laws of 1933 
and chapter 35 of the Laws of 1937, by inserting after the 
word ''petroleum" in the fourth line the words, or minerals, 
and further amend said section 2 by striking out the word "is" 



1937] Chapter 166 323 

in both places where it occurs in said fourth Hne and inserting 
in place thereof the word, are, so that said section as amended 
shall read as follows : 2. Securities. Securities shall include 
all classes of stocks and shares, bonds, debentures, evidences of 
indebtedness and certificates of participation, certificates of 
warehousemen, rights and interests in land from which petro- 
leum or minerals are, or are intended to be, produced, ship 
shares and investment contracts in the form of a bill of sale, 
or any similar device, and contracts of services or advice relat- 
ing to investments, or membership in organizations or associa- 
tions purporting to render such service or advice. 

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

[Approved July 14, 1937.] 



CHAPTER 166. 



AN ACT MAKING APPROPRIATION FOR THE EXPENSES OF THE 

STATE OF NEW HAMPSHIRE FOR THE YEAR 

ENDING JUNE 30, 1938. 

Section I Section 

1. Appropriations. | 2. 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, 1938, to 
wit: 

A continuing appropriation which shall not lapse, 
shall not be transferred to any other depart- 
ment, institution or account and which shall 
be for the expenses of the legislature only .... $135,000 

For the executive department as follows: 

Salary of governor $5,000 

Salary of governor's secretary 3,000 

Clerical expense 5,500 

Other current expenses 3,500 

Council, per diem and expenses 5,500 

Contingent fund 5,000 



324 Chapter 166 [1937 

Emergency fund for protection of interests 
of the state 40,000 



Total $67,500 

For judicial department as follows: 

Salaries of supreme court justices $35,000 

Clerical expense of supreme court 4,650 

Other expenses of supreme court 6,350 

Refurnishing and painting rooms 2,205 

Examination of law students 500 

Salaries of superior court justices 42,000 

Other expenses of superior court 8,000 

Salaries of probate court judges 17,600 

Salaries of probate court registers and deputies 20,300 



Total $136,605 

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 34,000 

Expenses national guard 15,650 

Armories : 

Maintenance 25,350 

Rifle ranges 960 

Officers' uniform allowances 2,300 



Total $86,375 

For department of agriculture as follows : 

Salary of commissioner $3,500 

Salary of deputy 2,750 

Clerical expense 3,715 

Other current expenses 1,552 

Institutes and pubhc meetings 1,060 

Granite State Dairymen's Association 500 

New Hampshire Horticultural Society 1,000 

New Hampshire Sheep Breeders' Association 250 

Nursery inspection 720 

Feeding stuffs inspection 4,980 

Fertilizer inspection 1,864 



1937] Chapter 166 325 

Agricultural seed inspection 945 

Insecticides and fungicides 200 

Apiary law 293 

Insect suppression : 

Salary of deputy 1,600 

Salaries of other assistants 6,921 

Other current expenses 1,775 

Dairy inspection: 

Salary of inspector 2,400 

Other expenses 925 

Licensing milk dealers 380 

Egg inspection : 

Salary of inspector 1,600 

Other expenses 1,650 

Bureau of markets : 

Clerical expense 3,012 

Other expenses 855 

Crop reporting service 1,000 

Printing and mailing bulletins 5,000 

Labeling service 800 

Apple grading 890 

Division of animal industry: 

Salary of state veterinarian 3,500 

Salaries of assistants 9,226 

Other current expenses 3,637 

Equipment 1,000 

Other expenditures: 

Bovine disease indemnities 

July 1, 1937, to December 31, 1937. . . . 32,000 

January 1, 1938, to June 30, 1938 32,000 

Pullorum disease 15,000 

Veterinarian services 57,660 

Expenses of veterinarians 2,850 

Aid for agricultural fairs 3,500 

Maintenance New Hampshire State Building, 

Springfield 1,000 



Total $213,510 

For attorney-general's department as follows: 

Salary of attorney-general $4,000 

Salary of assistant attorney-general 4,000 



326 Chapter 166 [1937 

Clerical expenses: 

Salary of law clerk $1,800 

Salary of chief clerk 1,900 

Salary of research clerk 1,800 

Other clerical expenses 4,300 

9,800 

Other current expenses 3,380 

Fees to registers of probate 3,000 

Legacy tax expenses 600 



Total $24,780 

For comptroller's department as follows: 

Salary of comptroller $5,000 

Salary of assistant comptroller 3,000 

Clerical expense 12,300 

Additional clerk, half time 440 

Other current expenses 3,150 



Total $23,890 

For department of forestry and recreation as follows: 

Salary of state forester $3,500 

Salary of assistant state forester 2,500 

Clerical expense 6,700 

Other current expenses 3,850 

State nursery: 

Salaries 4,650 

Other expenses 1,985 

Reforestation 1,450 

Forest fire work: 

District chiefs 6,345 

Lookout stations 10,000 

Prevention of fires 2,450 

Forest fire bills to towns 7,500 

White pine blister rust eradication 5,353 

Recreational development and maintenance: 

Salary of supervisor 1,700 

Seasonal personnel 9,750 

Other expenses 4,050 

Co-operation federal emergency program .... 4,100 



Total $75,883 



1937] Chapter 166 327 

For insurance department as follows: 

Salary of commissioner $5,000 

Salary of deputy commissioner 1,800 

Clerical expense 6,400 

Other current expenses 4,005 



Total $17,205 

For bureau of labor as follows : 

Office of commissioner : 

Salary of commissioner $3,000 

Clerical expense 5,000 

Other current expenses 2,850 

Factory inspection 10,750 

Minimum wage division: 

Salary of administrator 2,200 

Investigators and clerical services 8,286 

Other current expenses 6,000 

Interstate compacts 500 

Employment services : 

Managers and clerical 11,200 

Other current expenses 3,800 



Total $53,586 

For state library as follows: 

Salary of librarian $2,500 

Salary of assistant to librarian 1,200 

Salary of cataloguer 1,800 

Other assistants 6,331 

Other current expenses 12,565 

Library furniture 6,700 



Total $31,096 

For purchasing agent's department as follows : 

Salary of purchasing agent $4,000 

Salary of assistant purchasing agent 2,700 

Clerical expenses 5,880 

Other current expenses 2,475 



Total $15,055 



328 Chapter 166 [1937 

For state house department as follows: 

Salary of superintendent $2,000 

Other salaries 29,821 

Other current expenses 42,290 

Special equipment and repairs 3,685 



$77,796 
Deductions : 

Revenue from state library .... $3,810 
Rental for state highway depart- 
ment to be a charge upon 

highway funds 4,113 7,923 

Total $69,873 

For state department as follows: 

Salary of secretary $4,000 

Salary of deputy secretary 2,700 

Clerical expenses 7,425 

Other current expenses 3,075 

Direct primary 335 

Australian ballot 503 

Copying ancient records 5,125 

Franklin Pierce birthplace 627.95 

Daniel Webster birthplace 730 

State and provincial records 3,740 



Total $28,260.95 

For treasury department as follows: 

Salary of treasurer $4,000 

Salary of deputy treasurer 2,700 

Clerical expenses 11,667.50 

Other current expenses 6,045 

Capital outlays for rights and obligations: 

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 



1937] Chapter 166 329 

Awards and indemnities 7,000 

Burial of soldiers and sailors 8,500 

Total $80,713.98 

For department of weights and measures as follows: 

Salary of commissioner $3,000 

Other salaries, including- a fourth inspector. . 9,100 

Other current expenses 6,175 



Total $18,275 

For Industrial School as follows: 

Salary of superintendent $4,000 

Clerical expenses 4,300 

Other current expenses 1,915 

Instruction : 

Instructors' salaries 4,500 

Instructors' expenses 950 

Custodial care: 

Salaries 19,100 

Other expenses 18,900 

Auxiliary to custodial care 350 

Operation of plant : 

Salaries 1,140 

Other expenses 13,355 

Maintenance of plant: 

Salaries 4,539 

Other expenses 3,200 

Agriculture : 

Salaries 4,600 

Other expenses 7,590 

Parole service 4,484 



Total $92,923 

For Laconia State School as follows : 

Salary of superintendent $4,000 

Clerical expenses 7,910 

Other current expenses 2,793 

Professional care and treatment: 

Salaries 36,900 

Other expenses 3,497 



330 Chapter 166 [1937 

Custodial care: 

Salaries 11,400 

Other expenses 47,197 

Operation of plant: 

Salaries 4,550 

Other expenses 25,004 

Maintenance of plant: 

Salaries 6,500 

Other expenses 7,025 

Agriculture : 

Salaries 20,040 

Other expenses 18,315 

Construction of cement walks 1,000 

Maintenance and operation of new infirmary in- 
cluding professional treatment and custo- 
dial care 9,000 



Total $205,131 

For soldiers' home as follows: 

Salary of commandant $1,800 

Clerical expenses 245 

Other current expenses 455 

Custodial care: 

Salaries 4,800 

Other expenses 8,200 

Professional care and treatment: 

Salaries 3,000 

Other expenses 1,000 

Operation of plant : 

Salaries 1,400 

Other expenses 5,100 

Maintenance of plant: 

Salaries 35 

Other expenses 3,965 

Agriculture : 

Salaries 1,000 

Other expenses 1,000 



Total $32,000 



1937] Chapter 166 331 

For New Hampshire State Hospital as follows: 

Administration $37,554 

Professional care and treatment 253,718.46 

Custodial care 289,343.40 

Operation of plant 113,907.50 

Maintenance of plant 63,392.94 

Resurfacing driveway 2,500 

Agricultural 43,822 

Total requirements $804,238.30 

Less revenues 8,000 

Net appropriations $796,238.30 

For State Prison as follows: 

Salary of warden $3,250 

Clerical expense 2,950 

Other current expenses 1,450 

Instruction 2,040 

Custodial care: 

Salaries 39,345 

Other expenses 53,050 

Auxiliary to prison care and custody 7,150 

Operation of plant : 

Salaries 2,925 

Expenses 8,530 

Maintenance of plant : 

Expenses 2,000 

Agriculture : 

Expenses 675 

Parole service 6,390 



Total $129,755 

For New Hampshire State Sanatorium as follows: 

Salary of superintendent $4,000 

Clerical expense 1,240 

Other current expenses 1,455 

Professional care and treatment: 

Salaries 15,670 

Other expenses 4,275 



332 Chapter 166 [1937 

Custodial care : 

Salaries 8,545 

Other expenses 24,460 

Operation of plant: 

Salaries 7,665 

Other expenses 11,121 

Maintenance of plant: 

Salaries 1,100 

Other expenses 3,255 

Agriculture : 

Salaries 3,075 

Other expenses 2,750 



Total requirements $88,611 

Less revenue 700 



Net appropriations $87,911 

For the University of New Hampshire $584,431.10 as fol~ 
lows: Maintenance fund, $548,431.10 (as provided by sec- 
tion 18, chapter 180 of the Public Laws) ; for extension work 
under the Smith-Lever Act, $36,000. Section 23, chapter 180 
of the Public Laws is hereby suspended for the fiscal year 
ending June 30, 1938. 

For state board of education as follows : 

Salaries $38,566.66 

Current expenses 15,720 

Vocational education 6,550 

Vocational rehabihtation 5,335.67 

State aid, equalization 350,000 

Superintendents' salaries 100,000 

Conferences 1,300 

Normal schools, operation and maintenance . . 153,000 

Total requirements $670,472.33 

Less revenue credited to de- 
partment, per capita tax .... $161,500 

Literary fund 43,000 

Unorganized places 8,000 

Rebate ($3.50 tax) 9,000 



1937] Chapter 166 333 

Balance equalization fund . . 10,399.58 231,899.58 



Net appropriation $438,572.75 

In addition to the above appropriation said department shall 
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 section 40, 
chapter 117 of the Public Laws. In this department any 
balance, excepting the equalization fund, which may be un- 
expended 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 follovvs: 

Salary of secretary $4,000 

Clerical expense 1,800 

Other current expenses 3,460 

Vital statistics: 

Salaries 4,000 

Other expenses 730 

PubHc health nursing: 

Salaries 12,575 

Other expenses 5,050 

Control venereal diseases: 

Salaries 7,470 

Other current expenses 1,430 

Purchase of antitoxin 825 

Maternity and infancy: 

Nurses and clerical salaries 1,950 

Other current expenses 870 

Sanitation : 

Salaries 7,000 

Other expenses 3,110 

Laboratory of hygiene: 

Salaries 15,000 

Other current expenses 5,020 

Crippled children : 

Salaries 3,350 

Current expenses 7,650 

Total $85,290 



334 Chapter 166 [1937 

For welfare and relief, including care of tubercular 
patients ; child welfare ; register of the blind ; 
deaf, dumb and blind; John Nesmith fund; 
Veterans' service officer; Mothers' aid $286,707 

For bank commissioner's department as follows: 

Salary of commissioner $5,000 

Salaries of deputy commissioners 6,000 

Clerical expense 20,175 

Other current expenses 13,868 

Total requirements $45,043 

Less revenue 2,000 

Net appropriation $43,043 

For state planning and development commission as follows : 
Planning division: 

Salary of director $4,000 

Clerical expense 14,898 

Other current expenses 5,130 

Total requirements $24,028 

Less revenue 500 

Net appropriation $23,528 

Development division : 

Salary of director $4,000 

Clerical expense 9,715 

Other current expenses 46,317.50 

Division of industrial promotion 5,000 

Tourists' service 4,000 

* Special appropriation for six regional asso- 
ciations 15,000 

Total requirements $84,032.50 

Less revenue 1,250 

Net appropriation $82,782.50 

*This appropriation shall be administered by 
the state planning and development com- 
mission for the aid of regional development 



1937] Chapter 166 335 

associations. Not more than $2,500 may 
be alloted by the commission to any one of 
six regional associations whose bounds, 
form of organization and program shall 
first have been approved by the commis- 
sion. Any unexpended portion of this ap- 
propriation shall lapse and shall not be 
transferred to any other state appropria- 
tion. 

For land use board: 

Current expenses $500 

For public library commission as follows : 

Salary of secretary $2,000 

Salary of assistant secretary 1,800 

Clerical expense 4,700 

Other current expenses . 1,700 

Traveling libraries 1,775 

Field work 1,230 

State aid 1,000 

Institutes 500 



Total $14,705 

For public service commission as follows: 

Salaries of three commissioners $15,000 

Engineers, legal fees, experts and clerical 

service 42,035 

Other current expenses 26,005 

Refunds 15 



Total requirements $83,055 

Less revenue 17,475 



Net appropriation $65,580 

For state tax commission as follows: 

Salaries of three commissioners $10,000 

Clerical expense 8,300 

Other current expenses 7,625 

Municipal accounting: 

Salary of accountant 1,800 



336 Chapter 167 [1937 

Clerical expense 8,125 

Other current expenses 4,550 

Total $40,400 

For pharmacy commission $3,000 

For dental board $350 

For board of optometry $778 

For board of chiropractic examiners $600 

For registration of veterinary surgeons $100 

For cancer commission: 

Professional services and clerical 

expense $12,700 

Other expenses 22,300 

$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 Prisoners' Aid Association $600 

For Old Home Week Association $300 

For G. A. R. department $650 

2. Takes Effect. This act shall take effect as of July 1, 
1937. 

[Approved July 14, 1937.] 



CHAPTER 167. 



AN ACT MAKING APPROPRIATION FOR THE EXPENSES OF THE 
STATE OF NEW HAMPSHIRE FOR THE YEAR ENDING 

JUNE 30, 1939. 

Section I Section 

1. Appropriations. I 2. 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 



1937] Chapter 167 337 

purposes specified for the fiscal year ending June 30, 1939, to 
wit: 

A continuing appropriation which shall not lapse, 
shall not be transferred to any other depart- 
ment, institution or account and shall be for 
the expenses of the legislature only $135,000 

For the executive department as follows: 

For the six months period ending December 31, 
1938: 

Salary of governor $2,500 

Salary of governor's secretary 1,500 

Clerical expense 2,750 

Other current expenses 1,700 

For the six months period ending June 30, 1939 : 

Salary of governor 2,500 

Salary of governor's secretary 1,500 

Clerical expense 2,750 

Other current expenses 3,100 

For the fiscal year: 

Council, per diem and expenses 6,750 

Contingent fund 5,000 

Emergency fund for protection of interests 

of the state 40,000 



Total $70,050 

For judicial department as follows: 

Salaries of supreme court justices $35,000 

Clerical expense of supreme court 4,650 

Other expenses of supreme court 6,150 

Examination of law students 500 

Salaries of superior court justices 42,000 

Other expenses of superior court 8,000 

Salaries of probate court judges 17,600 

Salaries of probate court registers and deputies 20,300 



Total $134,200 

For adjutant-general's department as follows: 

Salary of adjutant-general $4,000 

Clerical expense 3,000 



338 Chapter 167 [1937 

Other current expenses 1,115 

Salaries national guard 34,000 

Expenses national guard 15,650 

Special appropriation contingent upon organi- 
zation of additional battalion for the 172nd 

Field Artillery 5,160 

Armories : 

Maintenance 25,350 

Rifle ranges 960 

Officers' uniform allowances 2,500 



Total $91,735 

For department of agriculture as follows : 

Salary of commissioner $3,500 

Salary of deputy 2,750 

Clerical expense 3,865 

Other current expenses 2,252 

Institutes and pubHc meetings 1,060 

Granite State Dairymen's Association 500 

New Hampshire Horticultural Society 1,000 

New Hampshire Sheep Breeders' Association 250 

Nursery inspection 720 

Feeding stuffs inspection 4,980 

Fertihzer inspection 1,864 

Agricultural seed inspection 945 

Insecticides and fungicides 200 

Apiary law 293 

Insect suppression: 

Salary of deputy 1,600 

Salaries of other assistants 6,921 

Other current expenses 1,775 

Dairy inspection: 

Salary of inspector 2,400 

Other expenses 925 

Licensing milk dealers 380 

Egg inspection: 

Salary of inspector 1,600 

Other expenses 1,650 

Bureau of markets: 

Clerical expenses 3,012 

Other expenses 855 



1937] Chapter 167 339 

Crop reporting service 1,000 

Printing and mailing bulletins 5,000 

Labeling service 800 

Apple grading 890 

Division of animal industry: 

Salary of state veterinarian 3,500 

Salaries of assistants 9,626 

Other current expenses 3,637 

Equipment 1,000 

Other expenditures: 
Bovine disease indemnities 

July 1, 1938, to December 31, 1938. . . 32,000 

January 1, 1939, to June 30, 1939 32,000 

Pullorum disease 15,000 

Veterinarian services 57,660 

Expenses of veterinarians 2,850 

Aid for agricultural fairs 3,500 

Maintenance New Hampshire State Building, 

Springfield 1,000 



Total $214,760 

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 1,900 

Salary of research clerk 1,800 

Other clerical expenses 4,300 

9,800 

Other current expenses 4,180 

Fees to registers of probate 3,000 

Legacy tax expenses 600 



Total $25,580 

For comptroller's department as follows: 

Salary of comptroller $5,000 

Salary of assistant comptroller 3,000 

Clerical expense 12,550 



340 Chapter 167 [1937 

Additional clerk, half time 465 

Other current expenses 3,150 



Total $24,165 

For department of forestry and recreation as follows : 

Salary of state forester $3,500 

Salary of assistant state forester 2,500 

Clerical expense 6,700 

Other current expenses 4,125 

State nursery: 

Salaries 4,650 

Other expenses 1,945 

Reforestation 1,480 

Forest fire work: 

District chiefs 6,345 

Lookout stations 10,000 

Prevention of fires 2,450 

Forest fire bills to towns 7,500 

White pine blister rust eradication 5,253 

Recreational development and maintenance: 

Salary of supervisor 1,700 

Seasonal personnel 11,450 

Other expenses 3,850 

Co-operation federal emergency program .... 4,100 



Total requirements $77,548 

Less revenue 3,850 



Net appropriation $73,698 

For insurance department as follows: 

Salary of commissioner $5,000 

Salary of deputy commissioner 1,800 

Clerical expense 6,500 

Other current expenses 4,005 



Total $17,305 

For bureau of labor as follows: 
Office of commissioner: 

Salary of commissioner $3,000 

Clerical expense 5,000 

Other current expenses 3,450 



1937] Chapter 167 341 

Factory inspection 10,800 

Minimum wage division : 

Salary of administrator 2,200 

Investigators and clerical services 8,386 

Other current expenses 6,000 

Interstate compacts 500 

Employment services: 

Managers and clerical 11,200 

Other current expenses 3,800 



Total $54,336 

For state library as follows: 

Salary of librarian $2,500 

Salary of assistant to librarian 1,250 

Salary of cataloguer 1,800 

Other assistants 6,506 

Other current expenses 12,675 



Total $24,731 

For purchasing agent's department as follows: 

Salary of purchasing agent $4,000 

Salary of assistant purchasing agent 2,700 

Clerical expense 5,950 

Other current expenses 2,300 



Total $14,950 

For state house department as follows: 

Salary of superintendent $2,000 

Other salaries 30,045 

Other current expenses 42,490 

Special equipment and repairs 1,000 



$75,535 
Deductions : 

Revenue from state library $3,810 

Revenue from state highway de- 
partment to be a charge upon 

highway funds 4,113 

7,923 



Total $67,612 



342 Chapter 167 [1937 

For state department as follows: 

Salary of secretary $4,000 

Salary of deputy secretary 2,700 

Clerical expenses 7,525 

Other current expenses 2,550 

Direct primary 6,975 

Australian ballot 5,405 

Copying ancient records 2,565 

Franklin Pierce birthplace 437.95 

Daniel Webster birthplace 790 

State and provincial records 3,740 

Total $36,687.95 

For treasury department as follows : 

Salary of treasurer $4,000 

Salary of deputy treasurer 2,700 

Clerical expenses 11,667.50 

Other current expenses 6,270 

Capital outlays for rights and obUgations: 

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 

Awards and indemnities 7,000 

Burial of soldiers and sailors 8,500 

Total $80,938.98 

For department of weights and measures as follows : 

Salary of commissioner $3,000 

Other salaries, including a fourth inspector . . 9,150 

Other current expenses 6,075 

Total $18,225 

For Industrial School as follows: 

Salary of superintendent $4,000 

Clerical expenses 4,360 

Other current expenses 1,895 



1937] Chapter 167 343 

Instruction : 

Instructors' salaries 4,500 

Instructors' expenses 800 

Custodial care: 

Salaries 19,220 

Other expenses 17,600 

Auxiliary to custodial care 350 

Operation of plant : 

Salaries 1,140 

Other expenses 13,325 

Maintenance of plant : 

Salaries 4,539 

Other expenses 3,200 

Agriculture : 

Salaries 4,600 

Other expenses 7,350 

Parole service 4,284 



Total $91,163 

For Laconia State School as follows : 

Salary of superintendent $4,000 

Clerical expenses 7,960 

Other current expenses 2,668 

Professional care and treatment : 

Salaries 36,950 

Other expenses 3,497 

Custodial care: 

Salaries 11,400 

Other expenses 46,897 

Operation of plant: 

Salaries 4 550 

Other expenses 22,200 

Maintenance of plant: 

Salaries 6,500 

Other expenses 7,025 

Agriculture : 

Salaries 20,040 

Other expenses 18 315 



344 Chapter 167 [1937 

Maintenance and operation of new infirmary 
including professional treatment and custo- 
dial care 18,000 

Total $210,002 

For soldiers' home as follows : 

Salary of commandant $1,800 

Clerical expenses 245 

Other current expenses 455 

Custodial care: 

Salaries 4,800 

Other expenses 8,200 

Professional care and treatment : 

Salaries 3,000 

Other expenses 1,000 

Operation of plant: 

Salaries 1,400 

Other expenses 5,100 

Maintenance of plant : 

Salaries 35 

Other expenses 3,965 

Agriculture : 

Salaries 1,000 

Other expenses 1,000 

Total $32,000 

For New Hampshire State Hospital as follows : 

Administration $38,654 

Professional care and treatment 254,113.46 

Custodial care 294,043.40 

Operation of plant 113,832.50 

Maintenance of plant 63,492.94 

Agriculture 43,892 

Resurfacing driveway 1,250 

Total requirements $809,278.30 

Less revenues 8,000 

Net appropriation $801,278.30 



1937] Chapter 167 345 

For State Prison as follows : 

Salary of warden $3,250 

Clerical expense 2,950 

Other current expenses 1,550 

Instruction 2,040 

Custodial care: 

Salaries 39,345 

Other expenses 50,050 

Auxiliary to prison care and custody 7,150 

Operation of plant: 

Salaries 2,925 

Expenses 8,530 

Maintenance of plant : 

Expenses 2,000 

Agriculture : 

Expenses 400 

Parole service 6,390 



Total $126,580 

For New Hampshire State Sanatorium as follows : 

Salary of superintendent $4,000 

Clerical expense 1,240 

Other current expenses 1,520 

Professional care and treatment: 

Salaries 15,670 

Other expenses 4,100 

Custodial care : 

Salaries 8,545 

Other expenses 24,310 

Operation of plant : 

Salaries 7,665 

Other expenses 9,521 

Maintenance of plant : 

Salaries 1,100 

Other expenses 2,005 

Agriculture : 

Salaries 3,075 

Other expenses 2,750 



Total requirements $85,501 

Less revenue 700 



Net appropriations $84,801 



346 Chapter 167 [1937 

For the University of New Hampshire $584,431.10 as fol- 
lows: Maintenance fund, $548,431.10 (as provided by sec- 
tion 18, chapter 180 of the Public Laws) ; for extension work 
under the Smith-Lever Act, $36,000. Section 23, chapter 180 
of the Public Laws is hereby suspended for the fiscal year end- 
ing June 30, 1939. 

For state board of education as follows : 

Salaries $39,216.66 

Current expenses 16,120 

Vocational education 6,575 

Vocational rehabilitation 5,362.34 

State aid, equalization 350,000 

Superintendents' salaries 100,000 

Conferences 1,300 

Normal schools, operation and maintenance . . 153,000 

Total requirements $671,574 

Less revenue credited to department 

Literary fund $43,000 

Per capita tax 161,500 

Unorganized places 8,000 

Rebate ($3.50 tax) 9,000 

Unexpended equalization fund 

balance 10,399.58 

231,899.58 

Net appropriation $439,674.42 

In addition to the above appropriation said department shall 
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 section 40, 
chapter 117 of the Public Laws. In this department any 
balance, excepting the equalization fund, which may be un- 
expended 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 3,660 



1937] Chapter 167 347 

Vital statistics: 

Salaries 4,510 

Other expenses 740 

Public health nursing: 

Salaries 12,600 

Other expenses 5,050 

Control venereal diseases: 

Salaries 7,470 

Other current expenses 1,430 

Purchase of antitoxin 825 

Maternity and infancy : 

Nurses and clerical salaries 2,000 

Other current expenses 870 

Sanitation : 

Salaries 7,000 

Other expenses 3,110 

Laboratory of hygiene : 

Salaries 15,100 

Other current expenses 4,920 

Services for crippled children : 

Salaries 3,500 

Other expenses 7,500 



Total $85,725 

For welfare and relief, including care of tuber- 
cular patients; child welfare; register of the 
blind; deaf, dumb and blind; John Nesmith 
fund; Veterans' service officer; Mothers' aid $287,310* 

For bank commissioner's department as follows: 

Salary of commissioner $5,000 

Salaries of deputy commissioners 6,000 

Clerical expense 20,325 

Other current expenses 13,363 



Total requirements $44,688 

Less revenue 2,000 



Net appropriations $42,688 

*Amended, chapter 202, post. 



348 Chapter 167 [1937 

For state planning and development commission as follows : 
Planning division: 

Salary of director $4,000 

Clerical expense 15,048 

Other current expenses 5,866 



Total requirements $24,914 

Less revenue 500 



Net appropriations $24,414 

Development division: 

Salary of director 4,000 

Clerical expense 9,965 

Other current expenses 46,317.50 

Tourists' service 4,000 

Division of industrial promotion 5,000 

* Special appropriation for six regional asso- 
ciations 15,000 



Total requirements $84,282.50 

Less revenue 1,250 

Net appropriations $83,032.50 

*This appropriation shall be administered by 
the state planning and development com- 
mission for the aid of regional develop- 
ment associations. Not more than $2,500 
may be allotted by the commission to any 
one of six regional associations whose 
bounds, form of organization and program 
shall first have been approved by the com- 
mission. Any unexpended portion of this 
appropriation shall lapse and shall not be 
transferred to any other state appropria- 
tion. 

For land use board: 

Current expenses $500 

For public library commission as follows: 

Salary of secretary $2,000 

Salary of assistant secretary 1,800 



1937] Chapter 167 349 

Clerical expense 4,850 

Other current expenses 1,450 

Traveling libraries 1,775 

Field work 1,230 

State aid 1,000 

Institutes 500 



Total $14,605 

For public service commission as follows: 

Salaries of three commissioners $15,000 

Engineers, legal fees, experts and clerical 

service 42,585 

Other current expenses 26,355 

Refunds 15 



Total requirements $83,955 

Less revenues 16,860 



Net appropriations $67,095 

For state tax commission as follows : 

Salaries of three commissioners $10,000 

Clerical expense 8,350 

Other current expenses 6,950 

Municipal accounting: 

Salary of accountant 1,800 

Clerical expense 8,225 

Other current expenses 4,375 



Total $39,700 

For pharmacy commission $3,000 

For dental board $350 

For board of optometry $743 

For board of chiropractic examiners $600 

For registration of veterinary surgeons $100 

For cancer commission : 

Professional service and clerical 

expense $12,700 

Other expenses 22,300 

$35,000 



350 Chapter 168 [1937 

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 Prisoners' Aid Association $600 

For Old Home Week Association $300 

For G. A. R. department $650 

For New Hampshire water resources board as 
follows : 

Salary, chairman $4,000 

Other salaries 13,560 

Current expenses 9,149.52 



Total $26,709.52 

2. Takes Effect. This act shall take effect July 1, 1938. 
[Approved July 20, 1937.] 



CHAPTER 168. 

AN ACT RELATING TO THE LOBSTER INDUSTRY. 

Section I Section 

1. Taking of lobsters. | 2. Takes effect. 

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

1. Taking of Lobsters. Amend chapter 201 of the Public 
Laws, as inserted by section 5, chapter 124, Laws of 1935, by 
striking out sections 30 to 33, inclusive, and inserting in place 
thereof the following new sections : 

30. License. No person shall at any time place, set, keep, 
maintain, supervise, lift, raise or draw in, from any waters 
under the jurisdiction of this state, any pot, trap, warp, or any 
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 issued by the direc- 
tor, under such rules and regulations and in such form as may 
be prescribed by him, upon the payment of five dollars. 

31. Revocation; Suspension. Persons convicted for viola- 



1937] Chapter 168 351 

tion of the law pertaining to taking lobsters shall forfeit their 
license for one year. If an appeal is taken the license shall be 
suspended pending the disposition of said case and for one year 
thereafter from date of conviction by the higher court. Any 
person whose license has been revoked or suspended shall not 
accompany any licensed lobster fisherman or assist him in any 
way while he is engaged in catching lobsters. 

32. Who May Take Lobsters. No person shall take lobsters 
from the waters of New Hampshire unless he is a bona fide 
resident of the state, and no license shall be issued to a person 
unless he shall furnish proof that he has resided within the 
state for at least five years preceding his application for a 
license. The provisions of this section shall not apply to per- 
sons who were licensed to take lobsters for the year 1936. 

33. Distinctive Mark. Any person taking any female 
lobster carrying spawn shall immediately mark said lobster 
with a distinctive mark and return said lobster to the water. 
The director shall furnish to any person requesting the same 
a punch for the purpose of making such distinctive mark. 

33-a. Prohibition. No person shall remove spawn from 
any female lobster and no person shall take, serve, have in his 
possession, except as provided in the preceding section, sell, or 
offer for sale any female lobster carrying spawn or female 
lobster bearing the distinctive mark as provided in the preced- 
ing section. 

33-b. Legal Length. No person shall buy, sell, give away 
or expose for sale, or possess for any purpose, any lobster of a 
length less than three and one-sixteenth of an inch in length 
alive or dead, cooked or uncooked, measured from the rear of 
the eye-socket along a line parallel to the center line of the 
body shell to the rear end of the body shell. The possession 
of mutilated lobster cooked or uncooked shall be prima facie 
evidence that it is not of legal length. Whoever ships, trans- 
ports, carries, buys, gives away, sells or exposes for sale 
lobster meat after the same shall have been taken from the 
shell without the tail meat being whole and intact, and of a 
length of less than four and one-quarter inches when laid out 
straight and measured from end to end, not including the small 
part that is on the body end of the tail meat, shall be liable to 
the penalty imposed for violation of this section. 

33-c. Interference with Lobster Pots. No person shall take 



352 Chapter 168 [1937 

up or in any way interfere with a lobster pot, nor take, remove 
or carry away from the beach or shore any lobster net, or 
warp or buoy thereof, without the authority of the owner 
thereof. In addition to the penalty for violation of this sec- 
tion said person, if he holds a license to take lobster shall lose 
said license for one year. 

33-d. Marking Pots and Traps. No person licensed for the 
purpose of taking lobsters shall use any pots, traps, used for 
the taking or keeping of lobster, unless the same are plainly 
marked with his name or with the name of the owner thereof. 
Any pots, traps, cars, or contrivance used to catch or store 
lobster, except boats, in violation of the provisions hereof may 
be seized and held until the fine and costs imposed for the 
violation have been paid in full. 

33-e. Reports. All lobster fishermen shall within ten days 
after the first day of January in each year file with the direc- 
tor a report of the number of pounds of lobster taken by him 
during the previous year together with a record of the number 
of boats, pots, traps or other paraphernalia used in the taking 
thereof and the value of the same. The director shall furnish 
blanks for said report. 

33-f. Conservation Officer. All conservation officers must 
be in uniform while on lobster patrol. 

33-g. License for Selling. No person except hotels and 
restaurants serving cooked lobster to guests for immediate 
consumption as food shall sell lobster meat without first pro- 
curing a license. The director shall issue such licenses for a 
period of one year and the annual fee therefor shall be two 
dollars ($2.00). 

33-h. Prohibition. If a conservation officer shall find a 
person taking lobsters and shall inform him that the boat, 
trap, warp or other device used for such taking is to be in- 
spected, it shall be unlawful for such person to throw over- 
board or destroy any bag, box or other receptacle prior to such 
inspection by such officer. If any person shall violate a pro- 
vision of this section his license, after hearing, shall be 
suspended for such time as the director may determine. 

33-i. Penalties. A person who violates a provision of the 
preceding sections shall be fined as follows: For each viola- 
tion of sections 30 to 33-a, inclusive, 33-c, 33-d, 33-e, 33-g not 
more than fifty dollars; of section 33-b not more than five 



1937] Chapter 169 353 

dollars and not more than five dollars additional for each 
lobster taken or possessed in violation thereof. 

2. Takes Effect. The provisions of sections 30 and 33-g, 
as hereinbefore inserted, shall take effect on January 1, 1938, 
and the provisions of the remainder of this act shall take effect 
upon its passage. 

[Approved July 20, 1937.] 



CHAPTER 169. 

AN ACT RELATING TO SUITS BY MINORS. 

Section 1 Section 

1. Suits by minors. I 2. Takes effect. 

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

1. Suits by Minors. Amend section 1 of chapter 41 of the 
Laws of 1937 by striking out said section and substituting 
therefor the following: 1. Approval of Court Required. No 

settlement, the amount of which exceeds seven hundred and 
fifty dollars, of any suit brought in behalf of an infant by 
parent or next friend shall be valid unless approved by the 
court in which the action is pending or to which the writ is 
returnable. The court may make all necessary orders for pro- 
tecting the interests of the infant, and may require the 
guardian ad litem, parent or next friend, to give bond to truly 
account for all money received in behalf of the infant. 

2. Takes Effect. This act shall take effect on its passage. 
[Approved July 20, 1937.] 



354 Chapter 170 [1937 

CHAPTER 170.* 

AN ACT RELATING TO TAKING BROOK TROUT IN CERTAIN BROOKS 

IN THE TOWN OF ERROL AND IN MARTIN MEADOW 

POND IN LANCASTER. 



Section 

4. Open season. 

5. Takes effect. 



Section 

1. Brook trout. 

2. Amendment. 

3. Smoky camp brook. 

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

1. Brooks in Errol. Amend paragraph I of section 2 of 
chapter 155 of the Laws of 1935, as inserted by an act ap- 
proved June 30, 1937, by striking out the words "Jackknife 
Hill brook in Errol" so that said paragraph as amended shall 
read as follows: I. Ferrin pond in Weare, Gustin pond in 
Marlow, Hall ponds in Sandwich and Lily pond in Gilford. 

2. Amendment. Amend paragraph II of section 2 of chap- 
ter 155 of the Laws of 1935, as inserted by an act approved 
June 30, 1937, by striking out the words "Martin Meadow pond 
in Lancaster, Millsfield pond brook in Millsfield and Errol" so 
that said paragraph as amended shall read as follows: II. 
Long pond in Benton, Lucas pond in Northwood, Mount 
William pond in Weare, Nippo pond in Barrington.f 

3. Amendment. Amend paragraph IV of section 2 of 
chapter 155 of the Laws of 1935, as inserted by an act ap- 
proved June 30, 1937, by striking out the words "Smoky 
Camp brook in Errol" so that said paragraph as amended shall 
read as follows: IV. Saltmarsh pond in Gilford, Shawtown 
pond in Freedom, Spectacle pond in Groton and Hebron, Sand 
pond in Marlow and Stratford Bog in Stratford. 

4. Open Season. Amend chapter 155 of the Laws of 1935 
by inserting after section 3 the following new section: 3-a. 
Brook Trout in Certain Brooks. Brook trout not less than six 
inches in length may be taken and possessed from June first to 
September first, from the following waters: Jackknife Hill 
brook in Errol, Millsfield pond brook in Millsfield and Errol and 
Smokj' Camp brook in Errol. 

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

[Approved July 20, 1937.] 



* Chapter 144, ante. 
tAmended, chapter 188, post. 



1937] Chapters 171, 172 355 

CHAPTER 171. 

AN ACT RELATING TO NON-RESIDENT CIRCUS MOTOR VEHICLES. 

Section I Section 

1. Circus trucks. I 2. Takes effect. 

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

1. Circus Trucks. Amend section 31-a of chapter 100 of 
the Public Laws as inserted by chapter 170 of the Laws of 1933 
by striking out the word "seven" in the fourth line and insert- 
ing in place thereof the word, twenty, so that said section as 
amended shall read as follows: 31-a. Permits. The com- 
missioner may, in his discretion, permit motor vehicles or 
trucks owned by non-residents, used solely for the operation of 
a circus, to be operated upon the ways of this state for a speci- 
fied period of not more than twenty days upon the payment of 
the fees provided for in paragraph X, section 1, chapter 102 of 
the Public Laws. Not more than one such permit shall be 
granted to any one person during a calendar year. Said com- 
missioner may make such rules and regulations relative to such 
permits as he may deem necessary. 

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

[Approved July 20, 1937.] 



CHAPTER 172. 



AN ACT RELATING TO A STATE HOUSE ANNEX BUILDING IN THE 

CITY OF CONCORD. 



Section 

5. Short-term notes. 

6. Sinking fund. 

7. Takes effect. 



Section 

1. Appropriation. 

2. Expenditure. 

3. General powers. 

4. Bonds authorized. 

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) , 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 govern- 
ment or any agency thereof, by the governor and council as 



356 Chapter 172 [1937 

they may determine to be for the best interests of the state in 
the fulfillment of the purposes herein set forth. 

2. Expenditure. Such sums shall be expended by the gover- 
nor and council for the construction, extension and equipment 
of a state house annex in the city of Concord, including, with- 
out limiting the generahty of the foregoing, the acquisition by 
gift, purchase, the exercise of the right of eminent domain or 
otherwise, of such real property, rights and easements therein 
as are deemed to be necessary therefor ; and for all things nec- 
essary or incidental to the foregoing. Said building shall be of 
first class construction, employing granite facing in at least 
three of the exterior walls, and be of a type, design and size to 
harmonize with the state house and other public buildings in 
the vicinity, and shall include a central heating plant. 

3. General Powers. The governor and council are hereby 
authorized to enter into such agreements as may be necessary, 
proper or advisable for the accomplishment of the purposes of 
this act and are further empowered to co-operate with and 
make such agreements with the federal government, or any 
agency thereof, as may be deemed advisable or necessary to 
secure federal funds. The governor with the advice and con- 
sent of the council shall appoint a building committee of three 
members, to serve as an advisory body to the governor and 
council relative to the selection of plans, site and construction 
of said building. 

4. Bonds Authorized. In order to supply the funds herein 
appropriated the treasurer, under the direction of the gover- 
nor and council, is hereby authorized to borrow upon the faith 
and credit of the state a sum not exceeding six hundred thou- 
sand dollars ($600,000) , and for that purpose the governor and 
council shall by resolution provide, at one time or from time to 
time, for the issuance of bonds or notes. By resolution they 
may determine concerning such bonds or notes, the (1) man- 
ner of execution; (2) form and denomination; (3) maturity 
dates; (4) interest rates; (5) redemption prior to maturity and 
the premium payable therefor; (6) place or places for the pay- 
ment of interest and principal; (7) registration, if such be de- 
sirable; (8) replacement if lost, destroyed, or mutilated; (9) 
manner of sale and price thereof; (10) issuance in series and 
for the respective priorities; (11) other desirable provisions. 

In case any of the officers whose signatures appear on the 



1937] Chapter 172 357 

notes, bonds, or coupons shall cease to be such officers before 
the delivery of such notes or 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 de- 
livery. The proceeds from the sale of such bonds and notes 
shall be held by the treasurer and paid out by him upon war- 
rant drawn by the governor with the advice and consent of the 
council for the purposes of this act. 

5. Short-Term Notes. Prior to the issuance of the bonds 
hereunder, the treasurer, under the direction of the governor 
and council, shall for the purpose hereof borrow money from 
time to time on short-term notes, to be refunded by the issu- 
ance of such bonds. 

6. Sinking Fund. The state treasurer shall, during the life 
of any notes or bonds issued hereunder, establish and keep a 
separate account to be known as the State House Annex Sink- 
ing Fund Account, into which shall be paid, on direction of and 
in amounts fixed and determined by the governor and council, 
moneys heretofore or hereafter appropriated for rental of 
quarters outside of the state house, together with such other 
amounts as the governor and council may determine to be 
proper and reasonable charges against departmental appropria- 
tions for space occupied in said building. There shall also be 
paid into said fund any premium received in connection with 
the sale of said bonds. In each fiscal year after the issuance 
of bonds or notes hereunder, the amount so paid into said fund 
shall be not less than one twenty-fifth of the principal amount 
of bonds issued hereunder, plus interest requirements. The 
funds in said account shall be applied to the payment of the in- 
terest and principal of the said bonds and notes issued for the 
construction of said state house annex and costs incident to 
said bond or note issue. 

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

[Approved July 21, 1937.] 



358 



Chapter 173 



[1937 



CHAPTER 173. 

AN ACT TO MAKE UNIFORM THE TRANSFER OF STOCK. 



Section 




Section 




1. New subdivision. 




53-j. 


Promise to transfer. 


51. 


Law applicable 




53-k. 


Warranties by transfer 


52. 


Interpretation. 




53-1. 


Certificates held as se- 


53. 


Definitions. 






curity. 


53-a. 


Transfer of title. 




53-m 


. Issue of new certificate 


53-b. 


Limitation. 




53-n 


Restrictions stated on 


53-c. 


Construction. 






certificate. 


53-d. 


Transfer under power 




53-0. 


Alteration of certifici.e 




of attorney. 




53-p. 


Court order for new 


53-e. 


Effect of delivery of 






certificate. 




certificate. 




53-q. 


Certificate deemed en- 


53- f. 


Endorsement. 






dorsed. 


53-g. 


Certificate may be re- 




53-r. 


Person deemed owner. 




claimed. 




53-s. 


Installments unpaid. 


53-h. 


Possession of certifi- 
cate. 




53-t. 


Who entitled to new 
certificate. 


53-i. 


Delivery without en- 
dorsement. 


2. 


Takes 


effect. 



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

1. Business Corporations. Amend chapter 225 of the Pub- 
lic Laws by striking out the subdivision relating to transfer of 
stock, being sections 51 to 53 inclusive, and. inserting in place 
thereof the following new subdivision : 

Transfer of Stock 

51. Law Applicable. In any case not provided for by this 
subdivision the rules of law and equity, including the law 
merchant, and in particular the rules relating to the law of 
principal and agent, executors, administrators and trustees, 
and to the effect of fraud, misrepresentation, duress or 
coercion, mistake, bankruptcy, or other invalidating cause, 
shall govern. 

52. Interpretation. This subdivision shall be interpreted 
and construed in such manner as to effectuate their general 
purpose to make uniform the law of the states which enact the 
uniform stock transfer act. 

53. Definitions. In this subdivision, unless the context or 
subject matter otherwise requires, the following words shall 
have the following meanings: 

I. "Certificate," a certificate of stock in a corporation 



1937] CHAPTER 173 359 

organized under the laws of this state or of another state 
whose laws are consistent with this subdivision. 

II. "Delivery," voluntary transfer of possession from one 
person to another. 

III. "Person," includes a corporation or partnership or 
two or more persons having a joint or common interest. 

IV. "Purchase," includes to take as mortgagee or as 
pledgee. 

V. "Purchaser," includes mortgagee and pledgee. 

VI. "Shares," a share or shares of stock in a corporation 
organized under the laws of this state or of another state 
whose laws are consistent with this subdivision. 

VII. "State," includes state, territory, district and in- 
sular possession of the United States. 

VIII. "Transfer," transfer of legal title. 

IX. "Title," legal title, not including a merely equitable 
or beneficial ownership or interest. 

X. "Value," any consideration sufficient to support a 
simple contract. An antecedent of pre-existing obligation, 
whether for money or not, constitutes value if a certificate is 
taken either in satisfaction thereof or as security therefor. 

XI. A thing is done in "good faith" within the meaning 
of this subdivision when it is in fact done honestly, whether it 
be done negligently or not. 

53-a. Transfer of Title. Title to a certificate and to the 
shares represented thereby shall be transferred only (a) by de- 
livery of the certificate endorsed either in blank or to a 
specified person by the person appearing by the certificate to 
be the owner of the shares represented thereby ; or (b) by de- 
livery of the certificate and a separate document containing a 
written assignment of the certificate or a power of attorney to 
sell, assign or transfer the same or the shares represented 
thereby, signed by the person appearing by the certificate to 
be the owner of the shares represented thereby. Such assign- 
ment or power of attorney may be either in blank or to a speci- 
fied person. This section shall be applicable although the 
charter or articles of organization or code of regulations or by- 
laws of the corporation issuing the certificate, and the certifi- 
cate itself, provide that the shares represented thereby shall 
be transferable only on the books of the corporation or shall be 
registered by a registrar or transferred by a transfer agent. 



360 Chapter 173 [1937 

53-b. Limitation. This subdivision shall not be construed 
as enlarging the powers of an infant or other person lacking 
full legal capacity, or of a trustee, executor or administrator, 
or other fiduciary, to make a valid endorsement, assignment or 
power of attorney. 

53-c. Construction. This subdivision shall not be con- 
strued as forbidding a corporation (a) to recognize the exclu- 
sive right of a person registered on its books as the owner of 
shares to receive dividends, and to vote as such owner; or (b) 
to hold liable for calls and assessments a person registered on 
its books as the owner of shares. 

53-d. Transfer Under Power of Attorney or Assignment. 
The title of a transferee of a certificate under a power of at- 
torney or assignment not written upon the certificate, and the 
title of any person claiming under such transferee, shall cease 
and determine if, at any time prior to the surrender of the 
certificate to the corporation issuing it, another person, for 
value in good faith, and without notice of the prior transfer, 
shall purchase and obtain delivery of such certificate with the 
endorsement of the person appearing by the certificate to be 
the owner thereof, or shall purchase and obtain delivery of 
such certificate and the written assignment or power of at- 
torney of such person though contained in a separate 
document. 

53-e. Effect of Delivery of Certificate. The delivery of 
a certificate to transfer title in accordance with section 53-a 
shall be effectual, except as provided in section 53-g, though 
made by one having no right of possession and having no au- 
thority from the owner of the certificate or from the person 
purporting to transfer the title. 

53-f. Endorsement of Certificate Effectual. The endorse- 
ment of a certificate by the person appearing by the certificate 
to be the owner of the shares represented thereby shall be 
effectual, except as provided in the following section, though 
the endorser or transferor (a) was induced by fraud, duress or 
mistake to make the endorsement or delivery; or (b) has re- 
voked the delivery of the certificate, or the authority given by 
the endorsement or delivery of the certificate; or (c) has re- 
ceived no consideration. 

53-g. Certificate May be Reclaimed When. If the endorse- 



1937] Chapter 173 361 

merit or delivery of a certificate (a) was procured by fraud or 
duress, or (b) was made under such mistake as to make the 
endorsement or dehvery inequitable; or if the delivery of the 
certificate was made (c) without authority from the owner, or 
(d) after the owner's death or legal incapacity, the possession 
of the certificate may be reclaimed and the transfer there- 
of rescinded, unless (1) the certificate has been trans- 
ferred to a purchaser for value in good faith without notice of 
any facts making the transfer wrongful, or (2) the injured 
person has elected to waive the injury, or has been guilty of 
laches in endeavoring to enforce his rights. Any court of ap- 
propriate jurisdiction may enforce specifically such right to re- 
claim the possession of the certificate or to rescind the trans- 
fer thereof and, pending litigation, may enjoin the further 
transfer of the certificate, or impound it. 

53-h. Possession of Certificate. Although the transfer of a 
certificate or of shares represented thereby has been rescinded 
or set aside, nevertheless, if the transferee has possession of 
the certificate or of a new certificate representing part or the 
whole of the same shares of stock, a subsequent transfer of 
such certificate by the transferee, mediately or immediately, 
to a purchaser for value in good faith, without notice of any 
facts making the transfer wrongful, shall give such purchaser 
an indefeasible right to the certificate and the shares repre- 
sented thereby. 

53-i. Delivery of Certificate Without Endorsement. The 
delivery of a certificate by the person appearing by the cer- 
tificate to be the owner thereof, without the endorsement 
requisite for the transfer of the certificate and the shares rep- 
resented thereby, but with intent to transfer such certificate 
or shares shall impose an obligation, in the absence of an 
agreement to the contrary, upon the person so delivering, to 
complete the transfer by making the necessary endorsement. 
The transfer shall take effect as of the time when the endorse- 
ment is actually made. This obligation may be specifically en- 
forced. 

53-j. Promise to Transfer. An attempted transfer of title 
to a certificate or to the shares represented thereby without 
delivery of the certificate shall have the effect of a promise to 
transfer, and the obligation, if any, imposed by such promise 



362 Chapter 173 [1937 

shall be determined by the law governing the formation and 
performance of contracts. 

53-k. Warranties by Transfer. A person who for value 
transfers a certificate, including one who assigns for value a 
claim secured by a certificate, unless a contrary intention ap- 
pears, warrants (a) that the certificate is genuine; (b) that he 
has a legal right to transfer it ; and (c) that he has no knowl- 
edge of any fact which would impair the validity of the certifi- 
cate. In the case of an assignment of a claim secured by a 
certificate, the liability of the assignor upon such warranty 
shall not exceed the amount of the claim. 

53-1. Certificate Held as Security. A mortgagee, pledgee, 
or other holder for security of a certificate who in good faith 
demands or receives payment of the debt for which such cer- 
tificate is security, whether from a party to a draft drawn for 
such debt, or from any other person, shall not by so doing be 
deemed to represent or to warrant the genuineness of such cer- 
tificate, or the value of the shares represented thereby. 

53-m. Issue of New Certificate. Except where a certificate 
is lost or destroyed, a corporation shall not be compelled to 
issue a new certificate for the stock until the old certificate is 
surrendered to it. 

53-n. Restrictions to be Stated on Certificate. There shall 
be no lien in favor of a corporation upon the shares repre- 
sented by a certificate issued by such corporation, and there 
shall be no restriction upon the transfer of shares so repre- 
sented by virtue of any by-laws of such corporation, or other- 
wise, unless the right of the corporation to such lien or the 
restriction is stated upon the certificate. 

53-0. Alteration of Certificate. The alteration of a cer- 
tificate, whether fraudulent or not and by whomsoever 
made, shall not deprive the owner of his title to the certificate 
and the shares originally represented thereby, and the trans- 
fer of such a certificate shall convey to the transferee a good 
title to such certificate and to the shares originally represented 
thereby. 

53-p. Court Order for Issuance of New Certificate. If a 
certificate has been lost or destroyed, a court of competent 
jurisdiction may order the issue of a new certificate therefor 
on service of process upon the corporation and on reason- 
able notice by publication, and in any other way which the 



1937] Chapter 173 363 

court may direct, to all persons interested, and upon satis- 
factory proof of such loss or destruction and upon the giv- 
ing of a bond with sufficient surety to be approved by the 
court to protect the corporation or any persons injured by 
the issue of the new certificate from any liability or expense, 
which it or they may incur by reason of the original certificate 
remaining outstanding. The court may also in its discre- 
tion order the payment of the corporation's reasonable 
costs and counsel fees. The issue of a new certificate under 
an order of the court as provided in this section, shall not re- 
lieve the corporation from liability in damages to a person to 
whom the original certificate has been or shall be transferred 
for value without notice of the proceedings or of the issuance 
of the new certificate. 

53-q. Certificate Deemed to be Endorsed. A certificate 
shall be deemed to be endorsed when an assignment or a power 
of attorney to sell, assign or transfer the certificate or the 
shares represented thereby is written on the certificate and 
signed by the person appearing by the certificate to be the 
owner of the shares represented thereby, or when the signa- 
ture of such person is written without more upon the back of 
the certificate. In either of such cases a certificate shall be 
deemed to be endorsed though it has not been delivered. 

53-r. Person Deemed to be Owner of Certificate. The per- 
son to whom a certificate was originally issued shall be deemed 
to be the person appearing by the certificate to be the owner 
thereof, and of the shares represented thereby, until and un- 
less he endorses the certificate to another specified person, and 
thereupon such other specified person shall be deemed to be the 
person appearing by the certificate to be the owner thereof un- 
til and unless he also endorses the certificate to another speci- 
fied person. Subsequent special endorsements may be made 
with like effect. 

53-s. Installments on Stock Unpaid. Stock shall not be 
transferred on the books of a corporation if any installments 
thereon remain overdue and unpaid. 

53-t. Who Entitled to New Certificates. A transferee un- 
der a transfer described in section 53-a upon delivery of the 
former certificate to the treasurer of the corporation, shall be 
entitled to receive a new certificate. A pledgee of stock trans- 
ferred as collateral security shall be entitled to a new certifi- 



364 Chapter 174 [1937 

cate if the instrument of transfer substantially describes the 
debt or duty which is intended to be secured thereby. Such 
new certificate shall express on its face that it is held as col- 
lateral security, and the name of the pledgor shall be stated 
thereon, who alone shall be liable as a stockholder, and en- 
titled to vote thereon. 

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

[Approved July 27, 1937.] 



CHAPTER 174. 



AN ACT TO PROVIDE FOR THE CONSTRUCTION AND EQUIPMENT OF 
AN ARMORY IN THE CITY OP MANCHESTER. 



Section 

1. Appropriation. 

2. Bonds authorized. 

3. Federal aid. 



Section 

4. Convention hall. 

5. Takes efifect. 



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

1. Appropriation. The sum of four hundred thousand dol- 
lars ($400,000) is hereby appropriated for the purpose of con- 
structing and equipping an armory in the city of Manchester, 
for the use of the national guard located in said city, provided 
that the said city deed to the state of New Hampshire a suit- 
able site therefor. The governor, one member of the council, to 
be named by the governor, and the adjutant-general are here- 
by authorized to approve said site and make all necessary con- 
tracts for plans of construction for the completion and equip- 
ment of said armory and the said sum appropriated shall be 
expended under their direction. 

2. Bonds Authorized. The governor, with the advice and 
consent of the council, is hereby authorized to draw his war- 
rant on any money in the treasury not otherwise appropriated, 
and the state treasurer is hereby authorized, under the direc- 
tion of the governor and council, to borrow, upon the credit of 
the state, such further sums or the whole, not exceeding in all 
four hundred thousand dollars, as may be necessary to carry 
out the provisions of this act and for that purpose may issue 
bonds, or notes, in the name of, and on behalf of, the state, at 



1937] Chapter 174 365 

the lowest rate of interest obtainable, in such form and in such 
denominations and at such time or times as the governor and 
council may determine. Such bonds shall be designated Man- 
chester New Hampshire Armory Bonds and shall be signed by 
the treasurer and countersigned by the governor and shall be 
deemed a pledge of the faith and credit of the state. The 
secretary of state shall keep an account of all such bonds and 
notes countersigned by the governor, showing the number and 
amount of each bond or note, the time of countersigning, the 
time when payable, and the date of delivery to the state treas- 
urer. The treasurer shall keep an account of each bond and 
note, showing the number thereof, the name of the person to 
whom sold, the amount received for the same, the date of sale 
and the time when payable. The treasurer may negotiate and 
sell such bonds or notes by direction of the governor and coun- 
cil, in such manner as they may determine to be most ad- 
vantageous to the state. The governor shall draw his war- 
rant on the state treasurer for the amounts that may be or be- 
come due from time to time under the contracts. From the 
proceeds of the sale of bonds herein authorized the state treas- 
urer shall reimburse the general funds of the state for any 
moneys drawn therefrom for the purposes of this act. 

3. Federal Aid. Such funds as may be made available by 
the government of the United States or any agency thereof 
shall be used to aid in the construction of the said armory and 
the equipment thereof. 

4. Convention Hall. The said armory shall be constructed 
and equipped in such manner that the same may be available 
as a convention hall, if such construction is found advisable by 
the governor and council, with the advice of the adjutant- 
general. 

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

[Approved July 28, 1937.] 



366 Chapters 175, 176 [1937 

CHAPTER 175. 

AN ACT RELATING TO EXEMPTIONS FROM TAXATION. 

Section I Section 

1. Application of provisions. | 2. Takes effect. 

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

1. Application of Provisions. Amend section 25-a of chap- 
ter 60 of the PubHc Laws, as inserted by chapter 148 of the 
Laws of 1931, by striking out said section and inserting in 
place thereof the following : 25-a. Improvements Only Ex- 
empted; Limitations. The exemptions referred to in sections 
22, 24 and 25 of this chapter, as regards real estate hereafter 
acquired by such institutions, shall apply only to subsequent 
improvements therein and thereon, and the real estate so 
acquired shall be assessed and taxed as other similar land and 
real estate in the vicinity is assessed and taxed. This section 
shall not apply to real estate owned by rehgious societies 
incorporated or organized within this state and occupied by 
their pastors or clergy in active service or to real estate owned 
and occupied by the Grand Army of the Republic, the United 
Spanish War Veterans, Veterans of Foreign Wars, the Ameri- 
can Legion, or to real estate acquired and used in substitution 
for property in this state theretofore exempt from taxation. 

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

[Approved July 28, 1937.] 



CHAPTER 176. 



AN ACT PROVIDING FOR SPECIAL NUMBER PLATES FOR MOTOR 
VEHICLES USED BY THE NATIONAL GUARD. 



Section 
2. Takes effect. 



Section 

1. Motor vehicles of the national 
guard. 

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

1. Motor Vehicles of the National Guard. Amend chapter 
124 of the Public Laws by inserting after section 98 the follow- 
ing new section: 98-a. Number Plates. The adjutant-gen- 



1937] Chapter 177 367 

eral shall have authority to prescribe and issue, subject to the 
approval of the commissioner of motor vehicles, permanent 
number plates for use on motor vehicles issued to and used for 
the national guard. Said vehicles displaying said number 
plates shall be deemed to be properly registered under the pro- 
visions of the motor vehicle laws and may be operated upon the 
highways of the state without further registration or other 
number plates. 

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

[Approved July 29, 1937.] 



CHAPTER 177. 



AN ACT MAKING A FURTHER EXTENSION OF THE APPROPRIATIONS 
HERETOFORE MADE FOR OLD AGE ASSISTANCE AND POOR 

RELIEF. 



Section 
3. Takes effect. 



Section 

1. Time extended. 

2. Appropriations extended. 

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

1. Time Extended. Amend section 24 of chapter 20 of the 
Laws of 1935, as amended by chapter 146 of the Laws of 1937, 
by striking out the date "July 31" and inserting in place there- 
of the date August 15, so that said section as amended shall 
read as follows: 24. Duration of Act.* The provisions of 
this act shall terminate August 15, 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 organization for supervision of poor relief here- 
by set up shall be wound up and liquidated. 

2. Appropriations Extended. Any balance of funds ap- 
propriated by chapter 20 of the Laws of 1935, for the board of 
welfare and rehef, and any balance of funds appropriated by 
section 25, chapter 127, Laws of 1935, for old age assistance, 
are hereby made available to the board of welfare and relief 



*Amended, chapters 185, 202, post. 



368 



Chapter 178 



[1937 



for the purposes of said chapters 20 and 127 for the period 
from July 31 to August 15, 1937. 

3. Takes Effect. This act shall take effect as of July 31, 
1937. 

[Approved July 29, 1937.] 



CHAPTER 178. 
AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION. 



Section 




Section 




1. New 


chapter. 




10. 


Administration account. 


1. 


Definitions. 




11. 


Collection of contribu- 


2. 


Benefits. 






tions. 


3. 


Benefit eligibility condi- 
tions. 




12. 


Protection of rights and 
benefits. 


4. 


Disqualifications for 




13. 


Penalties. 




benefits. 




14. 


Representation in court. 


5. 


Claims for benefits. 




15. 


Reciprocal arrangements. 


6. 


Contributions. 




16. 


Saving clause. 


7. 


Period election and ter- 
mination of employ- 




17. 


Separability of provi- 
sions. 




er's coverage. 




18. 


Suspension and termina- 


8. 


Unemployment compen- 






tion. 




sation fund. 


2. 


Takes effect. 


9. 


Administrative organiza- 
tion and administra- 
tion. 









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

1. Unemployment Compensation. Amend chapter 179-A 
of the Public Laws, as inserted by chapter 99 of the Laws of 
1935, and as amended by chapter 142 of the Laws of 1935 and 
chapter 3 of the Laws of the special session of 1936, by strik- 
ing out all of said chapter and inserting in place thereof the 
following : 

CHAPTER 179-A 

UNEMPLOYMENT COMPENSATION 

1. Definitions. The following words and phrases, as used 
in this chapter, shall have the following meaning unless the 
context clearly requires otherwise: 

A. "Base period" means the period beginning with the first 
day of the five completed calendar quarters immediately pre- 



1937] Chapter 178 369 

ceding the first day of an individual's benefit year and ending 
with the last day of the next to the last completed calendar 
quarter immediately preceding any benefit year. 

B. "Benefits" means the money payable to an individual 
as compensation for his wage losses due to unemployment as 
provided in this chapter. 

C. "Benefit year," with respect to any individual, means 
the fifty-two consecutive week period beginning with the first 
day of the week with respect to which benefits are first pay- 
able to him, and thereafter the fifty-two consecutive week 
period beginning with the first day of the first week with re- 
spect to which benefits are next payable to him after the 
termination of his last preceding benefit year. 

D. "Calendar quarter" means the period of three consecu- 
tive calendar months ending on March 31, June 30, Septem- 
ber 30, or December 31, excluding, however, any calendar 
quarter or portion thereof which occurs prior to January 1, 
1936, or the equivalent thereof as the commissioner may by 
regulation prescribe. 

E. "Commissioner" means the commissioner of labor or his 
authorized representative. 

F. "Contributions" means the money payments to the 
State Unemployment Compensation Fund required by this 
chapter. 

G. "Employing unit" means any individual or type of 
organization, including any partnership, association, trust, 
estate, joint-stock company, or corporation, whether domestic 
or foreign, or the receiver, trustee in bankruptcy, trustee or 
successor thereof, or the legal representative of a deceased 
person, which has or subsequent to January 1, 1935, had in its 
employ one or more individuals performing services for it 
within this state. All individuals performing services within 
this state for any employing unit which maintains two or 
more separate establishments within this state shall be deemed 
to be employed by a single employing unit for all purposes of 
this chapter. Whenever any employing unit contracts with 
or has under it any contractor or subcontractor for any work 
which is part of its usual trade, occupation, profession or busi- 
ness, individuals in the employ of such contractors or subcon- 
tractors shall be considered to be in the employ of the employ- 
ing unit unless it shall be proven to the satisfaction of the 



370 Chapter 178 [1937 

commissioner that such contracting is not for the purpose of 
avoiding the apphcation of this chapter. Each individual em- 
ployed to perform or to assist in performing the work of any 
agent or employee of an employing unit shall be deemed to be 
employed by such employing unit for all the purposes of this 
chapter, whether such individual was hired or paid directly by 
such employing unit or by such agent or employee, provided 
the employing unit had actual or constructive knowledge of 
the work. 

H. "Employer" means (1) Any employing unit which in 
each of twenty different weeks, whether or not such weeks are 
or were consecutive, within either the current or the preceding 
calendar year, has or had in employment, four or more in- 
dividuals, irrespective of whether the same individuals are or 
were employed in each such week; 

(2) Any other employing unit subject for either the cur- 
rent or preceding calendar year to the tax levied by title IX 
of the Social Security Act as amended; 

(3) Any employing unit which acquired the organization, 
trade or business, or substantially all the assets thereof, of 
another which at the time of such acquisition was an employer 
subject to this chapter; 

(4) Any employing unit which acquired the organization, 
trade or business, or substantially all the assets thereof, of an- 
other employing unit (not an employer subject to this chap- 
ter) and which, if subsequent to such acquisition it were 
treated as a single unit with such other employing unit, would 
be an employer under paragraph (1) of this subsection; 

(5) Any employing unit which, together with one or more 
other employing units, is owned or controlled (by legally en- 
forceable means or otherwise) directly or indirectly by the 
same interests, or which owns or controls one or more other 
employing units (by legally enforceable means or otherwise), 
and which, if treated as a single unit with such other employ- 
ing units or interests, or both, would be an employer under 
paragraph (1) of this subsection; 

(6) Any employing unit which, having became an em- 
ployer under paragraph (1), (2), (3), (4), or (5), has not, 
under section 7, ceased to be an employer subject to this 
chapter; or 

(7) For the effective period of its election pursuant to sec- 



1937] Chapter 178 371 

tion 7 C any other employing unit which has elected to become 
fully subject to this chapter. 

I. "Employment" (1) subject to the other provisions of 
this subsection means service, including service in interstate 
commerce performed for wages or under any contract of hire, 
written or oral, expressed or implied. The term "employment" 
shall include an individual's entire service performed within or 
both within and without this state : 

(a) If all or the greater part of such services are per- 
formed within this state; or 

(b) If that fact is not readily determinable by the com- 
missioner, if some part of such service is performed in this 
state and the individual's base of operations or place from 
which his services are directed or controlled is in this state ; or 

(c) If neither of the foregoing facts are readily de- 
terminable by the commissioner, if some part of such services 
are performed in this state and the individual's residence is in 
this state. 

(2) In no event shall services performed without this state 
be deemed to be employment subject to this chapter if con- 
tributions are required to be paid with respect thereto under 
an unemployment compensation law of any other state or of 
the federal government. The commissioner may prescribe 
regulations pursuant to which an employing unit may elect 
that the services performed for it entirely without this state 
by a resident of this state, shall be deemed to constitute em- 
ployment subject to this chapter. 

(3) Services performed by an individual for wages shall be 
deemed to be employment subject to this chapter unless and 
until it is shown to the satisfaction of the commissioner that : 

(a) Such individual has been and will continue to be free 
from control or direction over the performance of such serv- 
ices, both under his contract of service and in fact ; and 

(b) Such service is either outside the usual course of the 
business for which such service is performed or that such 
service is performed outside of all the places of business of 
the enterprise for which such service is performed; and 

(c) Such individual is customarily engaged in an in- 
dependently established trade, occupation, profession, or 
business. 

(4) The term "employment" shall not include: 



372 Chapter 178 [1937 

(a) Agricultural labor ; 

(b) Domestic service in a private home; 

(c) Service performed as an officer or member of the crew 
of a vessel on the navigable waters of the United States ; 

(d) Service performed in the employ of any other state 
or of its political subdivisions, or of the United States govern- 
ment, or of an instrumentality of any other state or states or 
their political subdivisions or of the United States ; 

(e) Service performed in the employ of this state, or of 
any political subdivision thereof, or of any instrumentality of 
this state or its political subdivisions ; 

(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, or for the prevention of cruelty to children 
or animals, and service performed in the employ of fraternal 
organizations, no part of the net earnings of which inures to 
the benefit of any private shareholder or individual; 

(g) Service with respect to which unemployment com- 
pensation is payable under an unemployment compensation 
system established by an act of Congress; provided that the 
commissioner is hereby authorized and directed to enter into 
agreements with the proper agencies under such act of Con- 
gress, which agreements shall become effective ten days after 
publication thereof in the manner provided in section 9 C of 
this chapter for general rules, to provide reciprocal treatment 
to individuals who have, after acquiring potential rights to 
benefits under this chapter, acquired rights to unemployment 
compensation under such act of Congress, or who have, after 
acquiring potential rights to unemployment compensation un- 
der such act of Congress, acquired rights to benefits under 
this chapter. 

J. "Employment office" means a free public employment 
office or branch thereof operated by this state or maintained 
as a part of a state controlled system of public employment 
offices. 

K. "Fund" means the Unemployment Compensation Fund 
estabUshed by this chapter, to which all contributions required 
and from which all benefits provided under this chapter shall 
be paid. 

L. "State" includes, in addition to the states of the United 



1937] Chapter 178 373 

States of America, Alaska, Hawaii, and the District of 
Columbia. 

M. "Total and Partial Unemployment" (1) An individual 
shall be deemed "totally unemployed" in any week with re- 
spect to which no wages are payable to him and during which 
he performs no services; 

(2) An individual shall be deemed "partially unemployed" 
in any week of less than full-time work if the wages payable 
to him for such week fail to equal two dollars more than the 
weekly benefit amount he would be entitled to receive if 
totally unemployed and eligible. As used in this subsection, 
the term "wages" shall include only that part of remunera- 
tion for odd jobs or subsidiary work or both which is in ex- 
cess of three dollars in any one week, and the term "services" 
shall not include that part of odd jobs or subsidiary work or 
both for which remuneration equal to or less than three 
dollars in any one week is payable. An individual's week of 
unemployment shall be deemed to commence only after his 
registration at an employment office, except as the commis- 
sioner may by regulation prescribe. 

N. "Unemployment Compensation Administration Ac- 
count" means the account set up for the purpose of meeting 
the expenses of administration under this chapter. 

0. "Wages" means every form of remuneration for per- 
sonal services payable to a person directly or indirectly, in- 
cluding salaries, commissions, bonuses, and the reasonable 
value of board, rent, housing, lodging, payment in kind and 
similar advantages estimated and determined in accordance 
with the rules of the commissioner. When gratuities are re- 
ceived by the individual in the course of his employment from 
a person other than his emploj^er, the amount of such gratu- 
ities shall be considered as wages payable by his employing 
unit and the reasonable amount thereof shall be estimated and 
determined in accordance with rules prescribed by the com- 
missioner. 

P. "Week" means such period of seven consecutive calen- 
dar days as the commissioner may by regulations prescribe. 

Q. "Weekly Benefit Amount." An individual's "weekly 
benefit amount" means the amount of benefits he would be en- 
titled to receive for one week of total unemployment. 

2. Benefits, 



374 Chapter 178 [1937 

A. Payment of Benefits. On January 1, 1938, benefits 
shall become payable from the fund. All benefits shall be 
paid through employment offices, in accordance with such 
regulations as the commissioner may prescribe. 

B. Weekly Benefit Amount for Total Unemployment. Each 
eligible individual who is totally unemployed in any week shall 
be paid, with respect to such week, benefits computed to the 
nearest dollar at the rate of 1/26 of his highest quarterly 
wages for employment by employers in a period which con- 
sists of the next to the last completed calendar quarter im- 
mediately preceding the date with respect to which such in- 
dividual's weekly benefit is determined and such of the three 
immediately preceding consecutive calendar quarters as the 
commissioner may by regulation prescribe, but not more than 
fifteen dollars per week, nor less than either five dollars or 3/4 
of 1/13 of such highest quarterly wages for employment by 
employers in such period, whichever is the lesser. If the com- 
missioner finds that the highest of the quarters in such period 
is not reasonably related to the normal and usual full-time 
quarterly earnings, the commissioner may select such other 
quarter in such period which is representative of the individu- 
al's normal and usual full-time earnings. The weekly benefit 
amount of an individual shall be determined and re-determined 
at such reasonable times as the commissioner may find neces- 
sary to administer this chapter and may by regulation pre- 
scribe. 

C. Weekly Benefit for Partial Unemployment. Each 
eligible individual who is partially unemployed in any week 
shall be paid with respect to such week a partial benefit. Such 
partial benefit shall be an amount calculated to the nearest 
dollar which, if added to his wages as used in section 1 M for 
such week, would exceed his weekly benefit amount by two 
dollars. 

D. Duration of Benefits. The commissioner shall compute 
wage credits for each individual by crediting him with the 
wages earned by him for employment by employers during 
each quarter, or three hundred and ninety dollars, whichever 
is the lesser. Benefits paid to any eligible individual shall be 
charged, in the same chronological order as such wages were 
earned, against one-sixth of his wage credits which are based 
upon wages earned during his base period and which have not 



1937] Chapter 178 375 

been previously charged hereunder. The maximum total 
amount of benefits payable to any eligible individual during 
any benefit year shall not exceed whichever is the lesser of 
(1) sixteen times his weekly benefit amount, and (2) one- 
sixth of such uncharged wage credits with respect to his base 
period. 

- 3. Benefit Eligibility Conditions. An unemployed in- 
dividual shall be eligible to receive benefits with respect to any 
week only if the commissioner finds that: 

A. He has registered for work at and thereafter has con- 
tinued to report at an employment office in accordance with 
such regulations as the commissioner may prescribe ; 

B. He has made a claim for benefits in accordance with the 
provisions of section 5 A of this chapter; 

C. He is able to work, and is available for work ; 

D. Prior to any week for which he claims benefits he has 
been totally unemployed for a waiting period of three weeks 
(and for the purposes of this subsection, two weeks of partial 
unemployment shall be deemed to be equivalent to one week 
of total unemployment). Such weeks of total or partial un- 
employment or both need not be consecutive. No week shall 
be counted as a week of total unemployment for the purposes 
of this subsection: 

(1) Unless it occurs within the thirteen consecutive weeks 
preceding the week for which he claims benefits, provided that 
this requirement shall not interrupt the payment of benefits 
for consecutive weeks of unemployment ; and provided further 
that no individual shall be required to accumulate more than 
eight waiting period weeks during any sixty-five consecutive 
week period; 

(2) If benefits have been paid with respect thereto; 

(3) Unless the individual was eligible for benefits with re- 
spect thereto in all respects except for the requirements of 
subsections B and E of this section ; 

(4) Unless it occurs after benefits first could become pay- 
able to any individual under this chapter. 

E. He has within the first three out of the last four com- 
pleted calendar quarters immediately preceding the first day 
of his benefit year, earned wages for employment by employ- 
ers of one hundred and seventy-five dollars. 



376 Chapter 178 [1937 

4. Disqualifications for Benefits. An individual shall be 
disqualified for benefits: 

A. For the week in which he has left work voluntarily 
without good cause, if so found by the commissioner, and for 
the three weeks which immediately follow such week, in addi- 
tion to the waiting period. 

B. For the week in which he has been discharged for mis- 
conduct connected with his work, if so found by the commis- 
sioner, and for the three weeks which immediately follow such 
week, in addition to the waiting period. 

C. If the commissioner finds that he has failed, without 
good cause, either to apply for available, suitable work when 
so directed by the employment office or the commissioner or 
to accept suitable work when offered him, or to return to his 
customary self-employment (if any) when so directed by 
the commissioner. Such disqualification shall continue for 
the week in which such failure occurred and for the three 
weeks which immediately follow such week, in addition to the 
waiting period. 

(1) In determining whether or not any work is suitable for 
an individual, the commissioner shall consider the degree of 
risk involved to his health, safety, and morals, his physical 
fitness and prior training, his experience and prior earnings, 
his length of unemployment and prospects for securing local 
work in his customary occupation, and the distance of the 
available work from his residence. 

(2) Notwithstanding any other provisions of this chapter, 
no work shall be deemed suitable and benefits shall not be 
denied under this chapter to any otherwise eligible individual 
for refusing to accept new work under any of the following 
conditions : 

(a) If the position offered is vacant due directly to a 
strike, lockout, or other labor dispute; 

(b) If the wages, hours or other conditions of the work 
offered are substantially less favorable to the individual than 
those prevailing for similar work in the locality: 

(c) If as a condition of being employed the individual 
would be required to join a company union or to resign from 
or refrain from joining any bomi fide labor organization. 

D. For any week with respect to which the commissioner 
finds that his total or partial unemployment is due to a stop- 



1937] Chapter 178 377 

page of work which exists because of a labor dispute at the 
factory, establishment, or other premises at which he is or was 
last employed, provided that this subsection shall not apply 
if it is shown to the satisfaction of the commissioner that: 

(1) He is not participating in or financing or directly in- 
terested in the labor dispute which caused the stoppage of 
work; and 

(2) He does not belong to a gi^ade or class of workers of 
which, immediately before the commencement of the stop- 
page, there were members employed at the premises at which 
the stoppage occurs, any of whom are participating in or 
financing or directly interested in the dispute; provided that 
if in any case separate branches of work which are commonly 
conducted as separate businesses in separate premises are 
conducted in separate departments of the same premises each 
such department shall, for the purposes of this subsection, be 
deemed to be a separate factory, establishment, or other 
premises. 

E. For any week with respect to which he is receiving or 
has received remuneration in the form of: 

(1) Wages in lieu of notice; 

(2) Compensation for temporary partial disability under 
the workmen's compensation law of any state or under a 
similar law of the United States ; or 

(3) Old-age benefits under title H of the Social Security 
Act as amended or similar payments under any act of Con- 
gress or old age assistance payments under any state laws; 
provided that if such remuneration is less than the benefits 
which would otherwise be due under this chapter, he shall be 
entitled to receive for such week, if otherwise eligible, benefits 
reduced by the amount of such remuneration. 

F. For any week with respect to which he is receiving or 
has received payments in the form of unemployment compen- 
sation under an unemployment compensation law of any other 
state or under a similar law of the federal government. 

5. Claims for Benefits. 

A. Filing. Claims for benefits shall be made in accordance 
with such regulations as the commissioner may prescribe. 
Each employer shall post and maintain printed statements of 
such regulations in places readily accessible to individuals in 
his service and shall make availal:)lo to each such individual at 



378 Chapter 178 [1937 

the time he becomes unemployed, a printed statement of such 
regulations. Such printed statement shall be supplied by the 
commissioner to each employer without cost to him. 

B. Initial Determination. A representative designated by 
the commissioner, and hereinafter referred to as a deputy, 
shall promptly examine the claim of an individual, and on the 
basis of the facts found by him, shall either determine 
whether or not such claim is valid, and if valid, the week with 
respect to which benefits shall commence, the weekly benefit 
amount payable and the maximum duration thereof, or shall 
refer such claim or any question involved therein to an appeal 
tribunal, which shall make its decision with respect thereto in 
accordance with the procedure described in subsection C of 
this section. The deputy shall promptly notify the claimant 
and any other interested parties of the decision and the 
reasons therefor. The deputy may for good cause reconsider 
his decision and shall promptly notify the claimant and such 
other interested parties of the denial of such application or of 
his amended decision and the reasons therefor, as the case 
may be. Unless the claimant or any such interested party, 
within five calendar days after the delivery of the deputy's 
notification, or within seven calendar days after such notifica- 
tion was mailed to his last known address, files an appeal from 
such decision, such decision shall be final and benefits shall be 
paid or denied in accordance therewith. If an appeal is duly 
filed, benefits with respect to the period prior to the final de- 
cision of the appeal tribunal or commissioner shall be paid only 
after such decision ; provided that if an appeal tribunal afiirms 
a decision of a deputy, or the commissioner affirms a decision 
of an appeal tribunal or deputy allowing benefits, such benefits 
shall be paid regardless of any appeal which may thereafter 
be taken, but if such decision is finally reversed, no employer's 
account shall be charged with benefits so paid. 

C. Appeals. Unless such appeal is withdrawn, an appeal 
tribunal, after affording the parties reasonable opportunity 
for fair hearing, shall affirm or modify the findings of fact and 
decision of the deputy. The parties shall be duly notified of 
such tribunal's decision, together with its reasons therefor. 
Such decision shall be deemed to be the final decision of the 
commissioner, unless within ten days after the date of notifi- 



1937] Chapter 178 379 

cation or mailing of such decision, further appeal is initiated 
pursuant to subsection F of this section. 

D. Appeal Tribunals. To hear and decide disputed claims, 
the commissioner shall appoint one or more impartial appeal 
tribunals consisting in each case of either a salaried examiner, 
or a body consisting of three members, one of whom shall be 
a salaried examiner, who shall serve as chairman, one of whom 
shall be a representative of employers and the other of whom 
shall be a representative of employees ; each of the latter two 
members shall serve at the pleasure of the commissioner and 
be paid a fee of not more than eight dollars per day of active 
service on such tribunal plus necessary expenses. No person 
shall participate on behalf of the commissioner in any case in 
which he is an interested party. The commissioner may 
designate alternates to serve in the absence or disqualification 
of any member of an appeal tribunal. The chairman shall 
act alone in the absence or disqualification of any other member 
and his alternates. In no case shall the hearings proceed un- 
less the chairman of the appeal tribunal is present. 

E. Procedure. The manner in which disputed claims shall 
be presented and the conduct of hearings and appeals shall be 
in accordance with regulations prescribed by the commissioner 
for determining the rights of the parties, whether or not such 
regulations conform to common law or statutory rules of evi- 
dence and other technical rules of procedure. A full and com- 
plete record shall be kept of all proceedings in connection with 
a disputed claim. All testimony at any hearing upon a dis- 
puted claim shall be recorded, but need not be transcribed un- 
less the disputed claim is further appealed. 

F. Commissioner Review. The commissioner shall have 
the power to remove or transfer to himself or another appeal 
tribunal the proceedings on any claim pending before a desig- 
nated 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 evidence previously submitted 
in such case, or upon the taking of additional testimony, or may 
permit any of the parties to such decision to initiate further 
appeals before him. The commissioner shall permit such 
further appeal by any of the parties interested in a decision 
of an appeal tribunal which is not unanimous and by the 



380 Chapter 178 [1937 

deputy whose decision has been overruled or modified by an 
appeal tribunal. Any proceeding so removed to the commis- 
sioner shall be heard by him in accordance with the require- 
ments of subsection C of this section. The commissioner shall 
promptly notify the interested parties of his findings and de- 
cision and the reasons therefor. 

G. Witnesses Fees. Witnesses subpoenaed pursuant to 
this section shall be allowed fees at the rate established for 
witnesses in the superior court. Such fees shall be deemed a 
part of the expenses of administering this chapter. 

H. Appeal to Courts. Any party aggrieved by any de- 
cision of fact in proceedings under the provisions of this chap- 
ter may, after exhaustion of other administrative remedies 
provided herein, and within ten days after such decision, ap- 
peal to the superior court in the same manner as parties ag- 
grieved by the decision of fact of a municipal court. Any 
party aggrieved by any ruling of law in any proceeding here- 
under, having excepted thereto, may file his exceptions with 
the commissioner within ten days after decision of the appeal 
tribunal, 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 motion transfer to the supreme 
court any question of law arising in the administration of this 
chapter. A petition for judicial revue shall not act as a 
supersedeas or stay unless the commissioner shall so order. 
Upon the final determination of such judicial proceeding, the 
commissioner shall enter an order in accordance with such 
determination. 

6. Contributions. 

A. Payment of Contributions. On and after January 1, 
1936, contributions shall accrue and become payable by each 
employer for each calendar year in which he is subject to this 
chapter with respect to wages payable for employment occur- 
ing during such calendar year, provided that contributions, on 
account of wages in excess of three thousand dollars payable 
to an individual in any calendar year, shall be paid only so 
long as such contributions may be credited by any employer 
against the tax imposed by title IX of the Social Security Act 
as amended. Such contributions shall become due and be paid 
by each employer to the commissioner for the fund in accord- 



1937] Chapter 178 381 

ance with such regulations as the commissioner may pre- 
scribe, and shall not be deducted, in whole or in part, from the 
wages of individuals in such employer's employ ; provided that 
after January 1, 1936, the contributions of an employer becom- 
ing subject to the law within any calendar year shall be first 
due and payable after such employer has satisfied the condi- 
tions with respect to becoming an employer. 

In the payment of any contributions, a fractional part of 
a cent shall be disregarded unless it amounts to one-half cent 
or more in which case it shall be increased to one cent. 

B, Rate of Contribution. Each employer shall pay con- 
tributions equal to the following percentages of wages payable 
by him with respect to employment: 

(1) 1 per centum with respect to employment during the 
calendar year 1936 ; 

(2) 2 per centum with respect to employment during the 
period between January 1, 1937 and September 30, 1937. 

(3) 1.8 per centum with respect to employment during the 
calendar year 1937 subsequent to September 30, 1937. 

(4) With respect to employment after December 31, 1937, 
2.7 per centum, except as otherwise prescribed in subsection E 
of this section. 

C. Sepai'ate Accounts. The commissioner shall maintain 
a separate account for each employer, and shall credit his ac- 
count with all the contributions paid on his own behalf. But 
nothing in this chapter shall be construed to grant any em- 
ployer or individuals in his service prior claims or rights to the 
amounts paid by him into the fund either on his own behalf 
or on behalf of such individuals. Benefits paid to an eligible 
individual shall be charged, in the amount hereinafter pro- 
vided against the account of his most recent employer, except 
that if such individual had not earned within the completed 
calendar quarter and the expired portion of the uncompleted 
calendar quarter immediately preceding the first week of 
any continuous period of unemployment, wages for em- 
ployment by such most recent employer equal to more 
than sixteen times his weekly benefit amount, such 
benefits may also be charged against the account of his 
next most recent employer, in the inverse chronological 
order in which the employment of such individual occurred. 
The maximum amount so charged against the account of any 



382 Chapter 178 [1937 

employer shall not exceed one-sixth of the wages payable to 
such individual by each such employer for employment which 
occurs on and after the first day of such individual's base 
period, but not more than sixty-five dollars per completed cal- 
endar quarter or portion thereof, which occurs within such base 
period; but nothing in this section shall be construed to limit 
benefits payable pursuant to section 2 of this chapter. The 
commissioner shall by general rules prescribe the manner in 
which benefits shall be charged against the accounts of several 
employers for whom an individual performed employment at 
the same time. 

D. Joint Accounts. The commissioner may prescribe 
regulations for the establishment, maintenance, and dissolu- 
tion of joint accounts by two or more employers, and shall, in 
accordance with such regulations and upon application by two 
or more employers to establish such an account, or to merge 
their several individual accounts in a joint account, maintain 
such joint account as if it constituted a single employer's 
account. 

E. Merit Ratings. The commissioner shall, for the year 
1941 and for each calendar year thereafter, classify employers 
in accordance with their actual experience in the payment of 
contributions on their own behalf and with respect to benefits 
charged against their accounts, with a view to fixing such 
contribution rates as will reflect such experience. The com- 
missioner shall determine the contribution rate of each em- 
ployer in accordance with the following requirements: 

(1) Each employer's rate shall be 2.7 per centum, except 
as otherwise provided in the following provisions. No employ- 
er's rate shall be less than 2.7 per centum unless and until 
there shall have been three calendar years throughout which 
any one individual in his employ could have received benefits 
if eligible. 

(2) Each employer's rate for the twelve months commenc- 
ing January 1 of any calendar year shall be determined on the 
basis of his record up to the beginning of such calendar year. 
If, at the beginning of such calendar year, the total of all his 
contributions paid on his own behalf and credited to his ac- 
count for all past years exceeds the total benefits charged to 
his account for all such years, his contribution rate shall be : 



1937] Chaptek 178 383 

(a) Two and one-half per centum, if such excess equals or 
exceeds eight per centum of his average annual payroll ; 

(b) Two per centum, if such excess equals or exceeds ten 
per centum of his average annual payroll; 

(c) One and one-half per centum, if such excess equals or 
exceeds twelve per centum of his average annual payroll; 

(d) One per centum, if such excess equals or exceeds 
fifteen per centum of his average annual payroll. 

(3) No employer's rate for the period of twelve months 
commencing Januaiy 1 of any calendar year shall be less than 
2.7 per centum, unless the total assets credited to his account 
in the fund, excluding contributions not yet paid at the begin- 
ning of such calendar year, exceed the total benefits paid from 
the fund within the last preceding calendar year; and no em- 
ployer's rate shall be less than two per centum unless such 
assets at such time were at least twice the total benefits paid 
from the fund within such last preceding year. 

(4) As used in this section the term "annual payroll" 
means the total amount of wages payable by an employer (re- 
gardless of the time of payment) for employment during a 
calendar year, and the term "average annual payroll" means 
the average of the annual payrolls of an employer for the last 
three or five preceding calendar years, whichever average is 
higher. 

The term "wages" as used in this paragraph shall not in- 
clude wages in excess of three thousand dollars payable to an 
individual in any calendar year. 

7. Period Election and Termination of Employer's 
Coverage. 

A. Any employing unit which is or becomes an employer 
subject to this chapter within any calendar year shall be sub- 
ject to this chapter after it has satisfied the conditions with 
respect to becoming an employer and thereafter as provided in 
subsection B of this section. 

B. An employing unit shall cease to be an employer sub- 
ject to this chapter as of the first day of January of any 
calendar year, only if it files with the commissioner, prior to 
the fifteenth of February of such year, a written application 
for termination of coverage, and the commissioner finds that 
there were no twenty weeks within the preceding calendar 



384 Chapter 178 [19S7 

year, within which such employing unit employed four or more 
individuals in employment subject to this chapter. 

C. (1) An employing unit not otherwise subject to this 
chapter which files with the commissioner its written election 
to become an employer subject hereto for not less than two 
calendar years, shall, with the written approval of such elec- 
tion by the commissioner, become an employer subject hereto 
to the same extent as all other employers, as of the date stated 
in such approval, and shall cease to be subject hereto as of 
January 1 of any calendar year subsequent to such two calen- 
dar years, only if at least thirty days prior to such first day 
of January, it has filed with the commissioner a written notice 
to that effect, 

(2) Any employing unit for which services that do not 
constitute employment as defined in this chapter are per- 
formed, may file with the commissioner a written election 
that all such services performed by individuals in its 
employ in any or all of its places of business shall be 
deemed to constitute employment for all the purposes 
of this chapter for not less than two calendar years. 
Upon the written approval of such election by the com- 
missioner, such services shall be deemed to constitute employ- 
ment subject to this chapter from and after the date stated 
in such approval. Such services shall cease to be deemed em- 
ployment subject hereto as of January 1 of any calendar year 
subsequent to such two calendar years, only if at least thirty 
days prior to such first day of January such employing unit 
has filed with the commissioner a written notice to that effect. 

8. Unemployment Compensation Fund. 

A. Establishment and Control. 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 con- 
tributions collected under this chapter, together with any in- 
terest thereon collected pursuant to section 11 A of this chap- 
ter ; all fines and penalties collected pursuant to this chapter and 
all interest earned upon any moneys in the fund ; any properties 
or securities acquired through use of moneys or securities be- 
longing to the fund; and all earnings of such properties or 



1937] Chapter 178 385 

securities. All moneys in the fund shall be mingled and un- 
divided. 

B. Accounts and Deposit. The commissioner shall desig- 
nate the state treasurer as custodian of the fund who shall 
administer such fund in accordance with the directions of the 
commissioner and shall issue his warrants upon it in accord- 
ance with such regulations as the commissioner shall prescribe. 
He shall maintain within the fund three separate accounts: 
(1) A clearing account, (2) an unemployment;, trust fund ac- 
count, and (3) a benefit account. All moneys payable to the 
fund, upon receipt thereof by the commissioner, shall be for- 
warded to the treasurer who shall immediately deposit them 
in the dealing account. Refunds payable pursuant to sec- 
tion 11 D of this chapter may be paid from the clearing 
account upon warrants issued by the treasurer under the 
direction of the commissioner. After clearance thereof, all 
other moneys in the clearing account shall be immediately de- 
posited with the secretary of the treasury of the United States 
of America to the credit of the account of this state in the 
unemployment trust fund, established and maintained pur- 
suant to section 904 of the Social Security Act, as amended, 
any provisions of law in this state relating to the deposit, ad- 
ministration, release, or disbursement of moneys in the posses- 
sion or custody of this state to the contrary notwithstanding. 
The benefit account shall consist of all moneys requisitioned 
from this state's account in the unemployment trust fund. 
Except as herein otherwise provided, moneys in the clearing 
and benefit accounts may be deposited by the treasurer, under 
the direction of the commissioner, in any bank or public de- 
pository in which general funds of the state may be deposited, 
but no pubHc deposit insurance charge or premium shall be 
paid out of the fund. The treasurer shall give a separate 
bond conditioned upon the faithful performance of his duties 
as custodian of the fund in an amount fixed by the commis- 
sioner and approved by the attorney-general. Premiums for 
said bond shall be paid from the administration account. 

C. Withdrawals. Moneys shall be requisitioned from this 
state's account in the unemployment trust fund solely for the 
payment of benefits and in accordance with regulations pre- 
scribed by the commissioner. The commissioner shall from 
time to time requisition from the unemployment trust fund 



386 Chapter 178 [1937 

such amounts, not exceeding the amounts standing to this 
state's account therein, as he deems necessary for the pay- 
ment of benefits for a reasonable future period. Upon receipt 
thereof the treasurer shall deposit such moneys in the benefit 
account and shall issue his warrants for the payment of bene- 
fits solely from such benefit account. All warrants issued by 
the treasurer for the payment of benefits and refunds shall 
bear the signature of the treasurer and the countersignature 
of the commissioner or his duly authorized agent for that 
purpose. Any balance of moneys requisitioned from the un- 
employment trust fund which remains unclaimed or unpaid in 
the benefit account after the expiration of the period for which 
such sums were requisitioned shall either be deducted from 
estimates for, and may be utilized for the payment of, bene- 
fits during succeeding periods, or, in the discretion of the com- 
missioner, shall be redeposited with the secretary of the 
treasury of the United States of America, to the credit of this 
state's account in the unemployment trust fund, as provided 
in section 8 B of this chapter. 

D. Management of Funds upon Discontinuance of Unem- 
ployment Trust Fund. The provisions of subsections A, B, and 
C, of this section to the extent that they relate to the unem- 
ployment trust fund, shall be operative only so long as such 
unemployment trust fund continues to exist and so long as the 
secretary of the treasury of the United States of America con- 
tinues to maintain for this state a separate book account of 
all funds deposited therein by this state for benefit purposes, 
together with this state's proportionate share of the earnings 
of such unemployment trust fund, from which no other state 
is permitted to make withdrawals. If and when such unem- 
ployment trust fund ceases to exist, or such separate book 
account is no longer maintained, all moneys, properties, or 
securities therein, belonging to the unemployment compensa- 
tion fund of this state shall be transferred to the treasurer of 
the unemployment compensation fund, who shall hold, invest, 
transfer, sell, deposit, and release such moneys, properties or 
securities in a manner approved by the commissioner in ac- 
cordance with the provisions of this chapter, provided that 
such moneys shall be invested in the following readily market- 
able classes of securities: Bonds or other interest-bearing 
obligations of the United States of America, or of this state 



1937] Chapter 178 387 

or of its political subdivisions; provided further that such in- 
vestment shall at all times be so made that all the assets of the 
fund shall always be readily convertible into cash when needed 
for the payment of benefits. The treasurer shall dispose of 
securities or other proporties belonging to the unemployment 
compensation fund only under the direction of the commis- 
sioner. 

9. Administmtive Organization and Administration. 

A. Unemployment Compensation Division. There is here- 
by created in the bureau of labor two co-ordinate divisions, 
the New Hampshire state employment service division and a 
division known as the unemployment compensation division, 
each of which shall be administered by a full-time salaried 
administrator who shall be subject to the supervision and 
direction of the commissioner. Each division shall be re- 
sponsible for the discharge of its distinctive functions. Each 
division shall be a separate administrative unit with respect 
to personnel, budget, and duties except so far as the commis- 
sioner may find such separation is impractical. The commis- 
sioner, with the approval of the governor and council, is 
directed to appoint the director, other oflficers and employees 
of the New Hampshire State employment service. Such ap- 
pointment shall be made in accordance with regulations pre- 
scribed by the director of the United States employment serv- 
ice. The commissioner, through the New Hampshire state 
employment service, shall establish and maintain free public 
employment offices in such numbers and in such places as may 
be necessary for the proper administration of this chapter. 

B. Duties and Powers of Commissioner. It shall be the 
duty of the commissioner to administer this chapter and he 
shall have power and authority to adopt, amend, or rescind 
such rules and regulations, to employ such persons, make such 
expenditures, require such reports, make such investigations, 
and take such other action as he deems necessary or suitable 
to that end. Such rules and regulations shall be effective up- 
on publication in the manner, not inconsistent with the pro- 
visions of this chapter, which the commissioner shall pre- 
scribe. The commissioner shall determine his own organiza- 
tion and methods or procedure in accordance with the provi- 
sions of this chapter. Not later than the first day of Febru- 
ary of each year, the commissioner shall submit to the gover- 



388 Chapter 178 [1937 

nor a report covering the administration and operation of this 
chapter during the preceding calendar year and shall make 
such recommendations for amendments to this chapter as he 
deems proper. Such reports shall include a balance sheet of 
the moneys in the fund in which there shall be provided, if 
possible, a reserve against the liability in future years to pay 
benefits in excess of the then current contributions, which re- 
serve shall be set up by the commissioner in accordance with 
accepted actuarial principles on the basis of statistics of em- 
ployment, business activity, and other relevant factors for the 
longest possible period. Whenever the commissioner believes 
that a change in contribution or benefit rates will become 
necessary to protect the solvency of the fund, he shall 
promptly so inform the governor and the legislature, and 
make recommendations with respect thereto. 

C. Regulations and General and Special Rules. General 
and special rules may be adopted, amended, or rescinded by 
the commissioner only after public hearing or opportunity to 
be heard thereon, of which proper notice has been given. Gen- 
eral rules shall become effective ten days after filing with the 
secretary of state and publication in one or more newspapers 
of general circulation in this state. Special rules shall become 
effective ten days after notification to or mailing to the last- 
known address of the individuals or concerns affected thereby. 
Regulations may be adopted, amended, or rescinded by the 
commissioner and shall become effective in the manner and at 
the time prescribed by the commissioner. 

D. Publication. The commissioner shall cause to be 
printed in proper form for distribution to the public the text 
of this chapter, his regulations, general and special rules, his 
annual reports to the governor and any other material he 
deems relevant and suitable, and shall furnish the same to any 
person upon request. 

E. Personnel. The commissioner is authorized to employ 
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 nonpartisan 
basis of efficiency and fitness. The commissioner shall fix the 
duties and powers of all persons thus employed, and may 



1937] Chapter 178 389 

authorize any such person to perform any of the functions of 
the commissioner under this chapter. The commissioner may, 
in his discretion, bond any person handling moneys or signing 
checks hereunder. 

F. Segregation of Special Risks. The commissioner shall 
investigate and report upon the degree of unemployment 
hazard in various industries and occupations and their cost to 
the unemployment fund. He shall recommend to employers 
in industries or occupations showing an excessive cost to the 
fund means for stabilizing employment. He shall also, if 
necessary, recommend to the legislature a higher rate of con- 
tribution for any classification of industries or occupations in 
which unemployment is excessive or chronic. 

G. Records and Reports. Each employing unit shall keep 
true and accurate work records, containing such information 
as the commissioner may prescribe. Such records shall be 
open to inspection and be subject to being copied by the com- 
missioner or his authorized representatives at any reasonable 
time and as often as may be necessary. The commissioner and 
the chairman of any appeal tribunal may require from any em- 
ploying unit any sworn or unsworn reports, with respect to per- 
sons employed by it, which either of them deems necessary for 
the effective administration of this chapter. Information thus 
obtained or obtained from any individual pursuant to the ad- 
ministration of this chapter shall be held confidential and shall 
not be published or be open to public inspection (other than to 
public employees in the performance of their public duties) in 
any manner revealing the individual's or employing unit's 
identity, but any claimant (or his legal representative) at a 
hearing before an appeal tribunal or the commissioner shall be 
supplied with information from such records to the extent 
necessary for the proper presentation of his claim. Any em- 
ployee or member of an appeal tribunal or any employee of the 
commissioner who violates any provision of this section shall 
be fined not less than twenty dollars nor more than two hun- 
dred dollars, or imprisoned for not more than ninety days, or 
both. 

H. Oaths and Witnesses. In the discharge of the duties 
imposed by this chapter, the commissioner, the chairman of 
an appeal tribunal, and any duly authorized representative of 
either of them shall have power to administer oaths and 



390 Chapter 178 [1937 

affirmations, take depositions, certify to official acts, and issue 
subpoenas to compel the attendance of witnesses and the pro- 
duction of books, papers, correspondence, memoranda, and 
other records deemed necessary as evidence in connection with 
a disputed claim or the administration of this chapter. 

I. Protection Against Self-incrimination. No person shall 
be excused from attending and testifying or from producing 
books, papers, correspondence, memoranda, and other records 
before the commissioner, the chairman of an appeal tribunal, 
or any duly authorized representative of either of them, or a 
court of this state, or in obedience to the subpoena of any of 
them in any cause or proceeding before the commissioner, or 
an appeal tribunal, on the ground that the testimony or 
evidence, documentary or otherwise, required of him may tend 
to incriminate him or subject him to a penalty or forfeiture; 
but no individual shall be prosecuted or subjected to any 
penalty or forfeiture for or on account of any transaction, 
matter, or thing concerning which he is compelled, after hav- 
ing claimed his privilege against self-incrimination, to testify 
or produce evidence, documentary or otherwise, except that 
such individual so testifying shall not be exempt from prosecu- 
tion and punishment for perjury committed in so testifying. 

J. Subpoenas. In case of contumacy by, or refusal to obey 
a subpoena issued to, any person, any court of this state with- 
in the jurisdiction of which the inquiry is carried on or within 
the jurisdiction of which said person guilty of contumacy or 
refusal to obey is found or resides or transacts business, upon 
application by the commissioner, the chairman of an appeal 
tribunal, or any duly authorized representative of either of 
them shall have jurisdiction to issue to such person an order 
requiring such person to appear before the commissioner, the 
chairman of an appeal tribunal or any duly authorized repre- 
sentative of either of them, there to produce evidence if so 
ordered or there to give testimony touching the matter under 
investigation or in question; and any failure to obey such 
order of the court may be punished by said court as a contempt 
thereof. Any person who shall without just cause fail or re- 
fuse to attend and testify or to answer any lawful inqury or 
to produce books, papers, correspondence, memoranda, and 
other records, if it is in his power so to do, in obedience to a 
subpoena of the commissioner, the chairman of an appeal 



1937] Chapter 178 391 

tribunal, or any duly authorized representative of either of 
them, shall be fined not more than two hundred dollars or im- 
prisoned for not more than sixty days, or by both such fine 
and imprisonment, and each day such violation continues shall 
be deemed to be a separate offense. 

K. State-Federal Co-operation. In the administration of 
this chapter, the commissioner shall co-operate, to the fullest 
extent consistent with the provisions of this chapter, with the 
social security board, created by the Social Security Act, ap- 
proved August 14, 1935, as amended; shall make such reports 
in such form and containing such information as the social 
security board may from time to time require, and shall com- 
ply with such provisions as the social security board may from 
time to time find necessary to assure the correctness and veri- 
fication of such reports; and shall comply with regulations 
prescribed by the social security board governing the ex- 
penditures of such sums as may be allotted and paid to this 
state under title III of the Social Security Act for the purpose 
of assisting in the administration of this chapter. 

Upon request therefor the commissioner shall furnish to 
any agency of the United States charged with the administra- 
tion of public works or assistance through public employment, 
the name, address, ordinary occupation, and employment 
status of each recipient of benefits and such recipient's 
rights to further benefits under this chapter, 

10. Unemployment Compensation Administration Account. 

A. Special Fund. There is hereby created in the state 
treasury a special fund to be known as the Unemployment 
Compensation Administration Account. All moneys which 
are deposited or paid into this account are hereby appropriated 
and made available to the commissioner. All moneys in this 
account shall be expended solely for the purpose of defraying 
the cost of the administration of this chapter and for no other 
purpose whatsoever. The account shall consist of all moneys 
appropriated by this state, and all moneys received from the 
United States of America, or any agency thereof, including the 
social security board and the United States employment serv- 
ice, or from any other source, for such purpose. All moneys 
in this account shall be deposited, administered, and disbursed, 
in the same manner and under the same conditions and re- 
quirements as is provided by law for other special funds in the 



392 Chapter 178 [1937 

state treasury. Any balances in this account shall not lapse 
at any time, but shall be continuously available to the commis- 
sioner for expenditures consistent with this chapter. The 
state treasurer shall give a separate and additional bond con- 
ditioned upon the faithful performance of his duties in connec- 
tion with the unemployment compensation administration fund 
in an amount to be fixed by the commissioner and in a form 
approved by the attorney-general. The premiums for such 
bond and the premiums for the bond given by the treasurer of 
the unemployment compensation fund under section 8 of this 
chapter shall be paid from the moneys in the unemployment 
compensation administration account. 

B. Employment Service Account. A special Employment 
Service Account shall be maintained as a part of the unemploy- 
ment compensation administration account for the purpose of 
maintaining public employment offices established pursuant to 
chapter 146 of the Laws of 1935 and for the purpose of co- 
operating with the United States employment service. There 
shall be paid into such account the moneys apportioned for the 
purposes of this account from any moneys received by this 
state under title III of the Social Security Act, as amended. 

11. Collection of Contributions. 

A. Interest on Past-Due Contributions. Contributions un- 
paid on the date on which they are due and payable, as pre- 
scribed by the commissioner, shall bear interest at the rate of 
one per centum per month from and after such date until pay- 
ment plus accrued interest is received by the commissioner. 
Interest collected pursuant to this subsection shall be paid in- 
to the unemployment compensation fund. 

B. Collection. If, after due notice, any employer defaults 
in any payment of contributions or interest thereon, the 
amount due shall be collected by civil action in the name of the 
commissioner and the employer adjudged in default shall pay 
the costs of such action. Civil actions brought under this sec- 
tion to collect contributions or interest thereon from an em- 
ployer shall be heard by the court at the earliest possible date 
and shall be entitled to preference upon the calendar of the 
court over all other civil actions except petitions for judicial 
review under this chapter and cases arising under the work- 
men's compensation law of this state. 

C. Priorities Under Legal Dissolution or Distributions. In 



1937] Chapter 178 393 

the event of any distribution of an employer's assets pursuant 
to an order of any court under the laws of this state, including- 
any receivership, assignment for benefit of creditors, adjudi- 
cated insolvency, composition, or similar proceeding, contribu- 
tions then or thereafter due shall be paid in full prior to all 
other claims except taxes and claims for wages of not more 
than two hundred and fifty dollars to each claimant, earned 
within six months of the commencement of the proceeding. 
In the event of an employer's adjudication in bankruptcy, 
judicially confirmed extension proposal, or composition, under 
the Federal Bankruptcy Act of 1898, as amended, contribu- 
tions then or thereafter due shall be entitled to such priority 
as is provided in section 64 (b) of that act, U. S. C, title 11, 
section 104 (b), as amended. 

D. Adjustments and Refunds. If not later than one year 
after the date on which any contributions or interest thereon 
became due, an employer or worker who has paid such con- 
tributions or interest thereon shall make application for an 
adjustment thereof in connection with subsequent contribu- 
tion payments, or for a refund thereof because such adjust- 
ment cannot be made, and the commissioner shall determine 
that such contributions or interest or any portion thereof was 
erroneously collected, the commissioner shall allow such em- 
ployer or worker to make an adjustment thereof, without in- 
terest, in connection with subsequent contribution payments 
by him, or if such adjustment cannot be made the commis- 
sioner shall refund said amount, without interest, from the 
fund. For like cause and within the same period, adjustment 
or refund may be so made on the commissioner's own initia- 
tive. 

12. Protection of Rights and Benefits. 

A. Waiver of Rights Void. Any agreement by an in- 
dividual to waive, release, or commute his rights to benefits or 
any other rights under this chapter shall be void. Any agree- 
ment by any individual in the employ of any person or con- 
cern to pay all or any portion of an employer's contributions, 
required under this chapter from such employer, shall be void. 
No employer shall directly or indirectly make or require 
or accept any deduction from wages to finance the employer's 
contributions required from him, or require or accept any 
waiver of any right hereunder by any individual in his em- 



394 Chapter 178 [1937 

ploy. Any employer or officer or agent of an employer who 
violates any provision of this subsection shall, for each offense, 
be fined not less than one hundred dollars nor more than one 
thousand dollars or be imprisoned for not more than six 
months, or both. 

B. Limitation of Fees. Np individual claiming benefits shall 
be charged fees of any kind in any proceeding under this chap- 
ter by the commissioner, or his representatives or any court or 
any officer thereof. Any individual claiming benefits before the 
commissioner or his representatives may be represented by 
counsel or other duly authorized agent; but no such counsel 
or agents shall either charge or receive for such services more 
than an amount approved by the commissioner. Any person 
who violates any provision of this subsection shall, for each 
such offense, be fined not less than fifty dollars nor more than 
five hundred dollars, or imprisoned for not more than six 
months, or both. 

C. No Assignment or Garnishment of Benefits. Any as- 
signment, pledge, or encumbrance of any right to benefits 
which are or may become due or payable under this chapter 
shall be void ; and such rights to benefits shall be exempt from 
levy, execution, attachment, or any other remedy whatsoever 
provided for the collection of debt; and benefits received by 
any individual, so long as they are not mingled with other 
funds of the recipient, shall be exempt from any remedy what- 
soever for the collection of all debts except debts incurred for 
necessaries furnished to such individual or his spouse or de- 
pendents during the time when such individual was unem- 
ployed. Any waiver of any exemption provided for in this 
subsection shall be void. 

13. Penalties. 

A. Whoever wilfully makes a false statement or represen- 
tation or knowingly fails to disclose a material fact to obtain 
or increase any benefit or other payment under this chapter, 
either for himself, or for any other person, shall, upon con- 
viction, be fined not less than twenty nor more than one hun- 
dred dollars, or imprisoned not more than sixty days, or both ; 
and each such false statement or representaton or failure to 
disclose a material fact shall constitute a separate and dis- 
tinct offense. 

B. Any employing unit or any officer or agent of an em- 



1937] Chapter 178 395 

ploying unit, who wilfully makes a false statement or repre- 
sentation or who knowingly fails to disclose a material fact 
to avoid becoming or remaining subject hereto or to avoid or 
prevent or reduce any contribution or other payment required 
of such employing unit under this chapter, or to deny or re- 
duce payments of benefits to any individual, or who wilfully 
fails or refuses to make any such contribution, or other pay- 
ment or to furnish any reports required hereunder or to 
testify or to permit inspection of records or produce records as 
required hereunder, or who makes, permits or requires any 
deduction from wages to pay all or any portion of the contribu- 
tions required from employers, or who attempts to induce any 
individual to waive any right under this chapter, shall, upon 
conviction, be fined not less than fifty nor more than five hun- 
dred dollars, or imprisoned not more than six months, or both ; 
and each such violation shall constitute a separate and dis- 
tinct offense. 

C. Any violator of any provision of this chapter, or of any 
order, rule or regulation thereunder for which a penalty is 
neither prescribed above nor provided by any other applicable 
statute, shall be fined not less than twenty nor more than one 
hundred dollars, or be imprisoned for not longer than thirty 
days, or by both such fine and imprisonment, and each such 
violation shall be deemed to be a separate and distinct offense. 

D. Any person who, by reason of the nondisclosure or mis- 
representation by him or by another, of a material fact (ir- 
respective of whether such nondisclosure or misrepresentation 
was known or fraudulent) has received any sum as benefits 
under this chapter while any conditions for the receipt of 
benefits imposed by this chapter were not fulfilled in his case. 
or while he was disqualified from receiving benefits, shall, in 
the discretion of the commissioner, either be liable to have 
such sum deducted from any future benefits payable to him 
under this chapter or shall be liable to repay to the commis- 
sioner for the unemployment compensation fund a sum equal 
to the amount so received by him, and such sum shall be col- 
lectible in the manner provided in section 11 B of this chapter 
for the collection of past due contributions. 

14. Representation in Court. 

A. In any civil action to enforce the provisions of this 
chapter the commissioner and the state may be represented 



396 Chapter 178 [1937 

by any qualified attorney who is employed by the commis- 
sioner and is designated by him for this purpose or at the com- 
missioner's request by the attorney-general. 

B. All criminal actions for violation of any provision of 
this chapter, or of any rule or regulation issued pursuant 
thereto, shall be prosecuted by the attorney-general of the 
state or, at his request and under his direction, by the county 
solicitor of any county in which the employer has a place of 
business or the violator resides. 

15. Reciprocal Arrangements. The commissioner is here- 
by authorized to enter into arrangements with the appro- 
priate agencies of other states or the federal government 
whereby individuals performing services in this and other 
states for a single employing unit under circumstances not 
specifically provided for in section 1 of this chapter or under 
similar provisions in the unemployment compensation laws of 
such other states, shall be deemed to be engaged in employ- 
ment performed entirely within this state or within one of 
such other states and whereby potential rights to benefits ac- 
cumulated under the unemployment compensation laws of 
several states or under such a law of the federal government, 
or both, may constitute the basis for the payment of benefits 
through a single appropriate agency under terms which the 
commissioner finds will be fair and reasonable as to all 
affected interests and will not result in any substantial loss to 
the fund. 

16. Saving Clause. The legislature reserves the right to 
amend or repeal all or any part of this chapter at any time; 
and there shall be no vested private right of any kind against 
such amendment or repeal. All the rights, privileges, or im- 
munities conferred by this chapter or by acts done pursuant 
thereto shall exist subject to the power of the legislature to 
amend or repeal this chapter at any time. 

17. Separability of Provisions, If any provision of this 
chapter or the application thereof to any person or circum- 
stance, is held invalid, the remainder of this chapter and the 
application of such provision to other persons or circum- 
stances shall not be affected thereby. 

18. Suspension and Termination. If at any time the gov- 
ernor shall find (1) that the provisions of this chapter requir- 
ing the payment of contributions and benefits have been held 



1937] Chapter 179 397 

invalid under the constitution of this state by the supreme 
court of this state or under the United States constitution by 
the supreme court of the United States in such manner that 
any person or concern required to pay contributions under 
this chapter might secure a similar decision, or (2) that the 
tax imposed by title IX of the Social Security Act, as amended, 
or any other federal tax against which contributions under 
this chapter may be credited, has been amended or repealed by 
Congress or has been held unconstitutional by the supreme 
court of the United States with the result that no portion of 
the contributions required by this chapter may be credited 
against such federal tax, the governor shall publicly so pro- 
claim, and upon the date of such proclamation the provision 
of this chapter requiring the payment of contributions and 
benefits shall be suspended. The commissioner shall there- 
upon requisition from the unemployment trust fund all 
moneys therein standing to its credit and shall direct the state 
treasurer to deposit such moneys, together with any other 
moneys, in the fund, as a special fund in any banks or public 
depositories in this state in which general funds of the state 
may be deposited, and to hold such moneys for such disposi- 
tion as the legislature may prescribe. 

2. Takes Effect. This act shall take effect September 80, 
1937. 

[Approved August 3, 1937.] 



CHAPTER 179. 

AN ACT RELATIVE TO ATHLETIC EXHIBITIONS. 



Section 
2.' Takes eflfect. 



Section 
1. Athletic exhibitions; rules and 
regulations; boxing or 
wrestling bouts ; licenses ; 
tax and report. 

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

1. Athletic Exhibitions. Amend chapter 132 of the Laws 
of 1929 as amended by chapter 146, Laws of 1933, by striking 
out all of said chapter after section 8 and inserting in place 
thereof the following: 

9. Rules and Regulations. The athletic commission shall 



398 Chapter 179 [1937 

make such rules and regulations for the administration of its 
office and for the conduct of athletic exhibitions under its 
direction as it deems necessary, not inconsistent with the pro- 
visions of this act, which shall be approved by the governor 
and council. 

10. Distribution of Rules. This act, together with such 
rules regarding athletic exhibitions as the commission makes, 
shall be printed in pamphlet form by the commission to be dis- 
tributed by the chairman-secretary on request. 

11. Boxing or Wrestling Bouts. No boxing or wrestHng 
bout may be held within the state without the sanction of the 
athletic commission and all bouts must comply with the pro- 
visions of this act, as well as any rules and regulations set 
forth by the commission and approved by the governor and 
council. 

12. License. Before holding any boxing or wrestling bout 
any person, club or association shall receive a promoter's 
license from the commission, after paying the fees herein pre- 
scribed and satisfying the commission that all provisions of 
this act and other rules and regulations set forth have been 
and will be complied with. The commission may revoke 
licenses at any time for cause. 

13. Action by Town or City. No license shall be issued to 
conduct boxing or wrestling bouts in any town or city until 
said town shall have authorized, by vote at an annual town 
meeting or special meeting called for the purpose, or said city 
shall have authorized, by ordinance legally made, the holding 
of such bouts within said town or city. 

14. Permits, Licenses. No person shall participate as a 
contestant, manager, referee, second, or timekeeper in any 
boxing or wrestling contest, bout or exhibition within the state 
without having first procured from the commission a permit 
or license to so act. Such permits or licenses may be revoked 
by the commission for cause. 

15. Fees. For the period of one year from the date of the 
passage of this act the following fees for permits and licenses 
are established: Permit (which shall be valid for one show 
only) promoter, three dollars, boxer or wrestler, three dollars 
for main bout or all star exhibition, two dollars for semi-final 
bout and one dollar for preliminary bout, second, one dollar, 
timekeeper, one dollar, manager, two dollars; annual license 



1937] Chapter 179 399 

(which shall be valid for one year) promoter, twenty-five dol- 
lars, boxer, seven dollars, manager, ten dollars, referee, ten 
dollars, second, five dollars and timekeeper, five dollars. The 
commission may issue to an amateur boxer or wrestler an 
amateur card which shall be valid for one year. The fee for 
such amateur card shall be twenty-five cents. 

16. Commission May Name Fees. After a period of one 
year from date of the passage of this act, the commission may 
annually set such fees for permits as it shall consider adequate 
and proper. Upon approval by the governor and council such 
fees shall be in effect for the period of one year. 

17. Licenses Now in Effect. All licenses and permits for 
boxing or wrestling exhibitions now in effect shall continue in 
effect until the time of their expiration. 

18. Tax and Report. Any person, club or association, 
which may hold or exercise any of the privileges conferred by 
this act or rules adopted hereunder, shall within seventy-two 
hours after the determination of each boxing or wrestling ex- 
hibit file with the athletic commission a written report which 
shall include the number of tickets sold for such exhibit, 
the amount of gross receipts thereof and such other facts as 
the commission may prescribe, and shall also pay to the com- 
mission, within said time, a tax of three per cent of the total 
receipts of paid admissions after deduction of any federal 
taxes. Upon the failure of any person, club or association to 
make such report and tax payment its permit shall be immedi- 
ately cancelled. 

19. Examination. No person shall engage in any bout as 
boxer or wrestler until he shall have been examined not more 
than five hours before, by a physician licensed to practice un- 
der the laws of this state. Such physician shall be in attend- 
ance throughout the bout for which such examination is made 
and shall certify in writing that the contestant is physically 
fit to engage in such contest. His fee shall be paid by the per- 
son, persons, club or association sponsoring the exhibit. 

20. Age. No person under the age of eighteen years shall 
engage in any professional boxing or wrestling bout. 

21. Time Limit. No boxing bout shall consist of more 
than ten rounds and each round shall not be more than three 
minutes' duration with at least one minute's rest between the 



400 Chapter 179 [1937 

rounds. No wrestling bout shall last more than ninety minutes 
in all. 

22. Amateur Bouts. All amateur boxing or wrestling 
bouts except those conducted by a school, college, or university, 
at which admission fees are charged shall come under the pro- 
visions of this act. 

23. Officials. The sole arbiter in the ring in all boxing or 
wrestling bouts shall be a duly qualified and licensed referee, 
who shall govern the bout in accordance with such rules as the 
commission may designate or set forth. The referee shall 
have full power to stop the bout whenever he deems it advis- 
able because of the physical condition of the contestants, or 
one of them, or when one of the contestants is clearly out- 
classed by his opponent, or for other sufficient reason. The 
referee shall have power in his discretion to declare forfeited 
any prize, remuneration, or purse, or any part thereof, belong- 
ing to the contestants or one of them if, in his judgment, such 
contestant or contestants are not or were not competing in 
good faith. 

24. Inspectors. If at any time, no member of the athletic 
commission is able to be present at any boxing or wrestling 
contest held under the provisions of this act, the commission 
shall appoint an inspector who shall, for the duration of this 
contest, have the full duties and powers of a member of the 
commission, and who shall be entitled to such compensation as 
the commission may deem proper. 

25. Financial Interest in Boxer or Wrestler. No licensed 
promoter shall have, directly or indirectly, any financial inter- 
est in a boxer or wrestler competing on premises owned or 
leased by the licensee or in which the licensee is otherwise in- 
terested. No boxer or wrestler shall be paid for services before 
the same are rendered. 

26. Subpoenas by Commission; Oaths. The commission 
shall have authority to issue, under the hand of its chairman, 
subpoenas for the attendance of witnesses before the commis- 
sion, to the same effect as if they were issued in an action of 
the superior court and it may, by any member, administer 
oaths and affirmations and it may examine witnesses in all 
matters pertaining to the administration of the affairs of the 
commission; and disobediance of such subpoenas and such 
false swearing before such commission shall be attended with 



1937] Chapters 180, 181 401 

the same consequences and be subject to the same penalties as 
if such disobedience or false swearing occurred in an action in 
the superior court. 

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

[Approved August 4, 1937.] 



CHAPTER 180. 

AN ACT RELATING TO POWERS OF GOVERNOR AND COUNCIL. 

Section I Section 

1. Acquisition of real estate. | 2. Takes effect. 

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

1. Acquisition of Real Estate. Amend section 18 of chap- 
ter 19 of the Public Laws by striking out the whole thereof and 
substituting therefor the following: 18. By Governor. The 
governor with advice and consent of the council may acquire 
on behalf of the state either by purchase or otherwise as here- 
inafter provided any real estate within the state which they 
may deem necessary for any military purpose, for public parks, 
public buildings or for any other public improvement purposes 
and to accept deeds thereof in the name of the state. 

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

[Approved August 5, 1937.] 



CHAPTER 181. 

AN ACT RELATIVE TO POLITICAL CONTRIBUTIONS. 

Section I Section 

1. Political contributions. | 2. Takes effect. 

Be it enacted by the Senate and House of Representatives in 
General Cov/rt convened: 

1. Political Contributions. Amend section 25 of chapter 34 
of the Public Laws by striking out the words "of this state" so 
that as amended said section shall read: 25. Contributions 
by Non-candidates. No person not a candidate for nomination 



402 Chapter 182 [1937 

at the primary or election shall contribute, expend, or promise 
to contribute or expend, any money or thing of value in aid of 
the nomination or defeat of any candidate at the primary or 
election, or in aid of the success or defeat of any political party 
or principle, or in aid of the success or defeat of any measure 
to be voted on at any election, except to some candidate at the 
primary or election or some political committee. 

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

[Approved August 5, 1937.] 



CHAPTER 182. 

AN ACT RELATING TO A STATE PRISON FARM. 



Section 
3. Takes effect. 



Section 

1. State prison farm. 

2. Acquisition. 

Be it enacted by the Senate and House of Representatives in 
General Cov/rt convened: 

1. State Prison Farm. The sum of twenty-five thousand 
dollars ($25,000) is hereby appropriated for the purchase and 
equipment of a suitable farm for use by the state prison. 

2. Acquisition. The governor and council are hereby au- 
thorized and empowered to purchase such real estate and 
equipment as to them may seem suitable and desirable for the 
foregoing purpose. Such property may be acquired either by 
mutual agreement and sale or in accordance with the pro- 
visions of Public Laws, chapter 19, sections 18 through 28. 

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

[Approved August 5, 1937.] 



1937] Chapter 183 403 

CHAPTER 183. 

AN ACT RELATING TO THE CONSTRUCTION OF JETTIES AT THE EN- 
TRANCE OF RYE HARBOR IN THE TOWN OF RYE. 



Section 

1. Appropriation. 

2. Expenditure. 

3. Federal assistance. 



Section 

4. Funds autiiorized. 

5. Short-term notes. 

6. Takes effect. 



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

1. Appropriation. A sum not exceeding one hundred fifty- 
four thousand dollars is hereby appropriated for the purpose 
of constructing two jetties at the entrance of Rye Harbor, 
designed to protect the ocean boulevard, provided, a grant is 
made by the federal government in connection therewith. 

2. Expenditure. Said appropriation shall be expended un- 
der the direction of the governor and council for the construc- 
tion of said jetties. 

3. Federal Assistance. The governor and council are here- 
by authorized to co-operate with and enter into such agree- 
ments with the federal government, or any agency thereof, as 
they may deem advisable to secure federal funds for the pur- 
poses of this act. 

4. Funds Authorized. The treasurer is hereby authorized 
to borrow upon the credit of the state an amount not exceed- 
ing one hundred fifty-four 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 pro- 
visions as the governor and council shall determine. The pro- 
ceeds from the sale of such notes and bonds shall be held by the 
treasurer and paid out by him upon warrant drawn by the gov- 
ernor, with the advice and consent of the council, for the pur- 
poses herein set forth. 

5. Short-Term Notes. Prior to the issuance of the notes or 
bonds herein provided, the treasurer, under the direction of the 
governor and council, may for said purposes borrow money 
from time to time on short-term notes, to be refunded by the 
issuance of said bonds or notes. 

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

[Approved August 10, 1937.] 



404 Chapter 184 [1937 

CHAPTER 184. 

AN ACT TO PROTECT TRADE-MARK OWNERS, DISTRIBUTORS AND 

THE PUBLIC AGAINST INJURIOUS AND UNECONOMIC 

PRACTICES IN THE DISTRIBUTION OF ARTICLES 

OF STANDARD QUALITY UNDER A TRADE MARK, 

BRAND OR NAME. 



Section 

1. Fair trade act. 

2. Unfair competition. 

3. Exception. 



Section 

4. Injunction. 

5. Act named. 

6. Takes effect. 



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

1. Fair Trade Act. No contract relating to the sale or resale 
of a commodity which bears, or the label or content of which 
bears, the trade mark, brand or name of the producer or owner 
of such commodity and which is in fair and open competition 
with commodities of the same general class produced by others 
shall be deemed in violation of any law of the state by reason 
of any of the following provisions which may be contained in 
such contract : That the buyer will not resell such commodity 
at less than the minimum price stipulated by the vendor; that 
the producer or vendee of a commodity require upon the sale 
of such commodity to another, that such purchaser agree that 
he will not, in turn, resell such commodity at less than the 
minimum price stipulated by such producer or vendee. Such 
provisions in any contract shall be deemed to contain or imply 
conditions that such commodity may be resold without refer- 
ence to such agreement in the following cases: 

I. In closing out the owner's stock for the purpose of dis- 
continuing delivery of any such commodity; provided, how- 
ever, that such stock is first offered to the manufacturer of 
such stock at the original invoice price, at least ten days be- 
fore such stock shall be offered for sale to the public. 

II. When the goods are damaged or deteriorated in 
quality, and notice is given to the public thereof. 

III. By any officer acting under the orders of any court. 
2. Unfair Competition. Wilfully and knowingly advertis- 
ing, offering for sale, selling or disposing of any commodity at 
less than the price stipulated in any contract entered into pur- 
suant to the provisions of the preceding section, whether the 
person so advertising, offering for sale, selling or disposing of 



1937] Chapter 185 405 

is or is not a party to such contract, is unfair competition and 
is actionable at the suit of any person injured thereby. 

3. Exception. This act shall not apply to any contract or 
agreement between producers or between wholesalers, or be- 
tween retailers as to sale or resale prices. 

4. Injunction. Any person, firm, corporation or incorpo- 
rated trade association may maintain an action in the superior 
court to enjoin a continuance of any act or acts in violation of 
section 2 hereof and if injured thereby for the recovery of 
damages. If, in such action, the court shall find that the de- 
fendant is violating or has violated any of the provisions of said 
section 2 it shall enjoin the defendant from a continuance 
thereof. It shall not be necessary that actual damages to the 
plaintiff be alleged or proved. In addition to such injunctive 
relief, the plaintiff in said action shall be entitled to recover 
from the defendant three times the amount of the actual dam- 
ages, if any, sustained. 

5. Act Named. This act may be known and cited as the 
"Fair Trade Act." 

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

[Approved August 10, 1937.] 



CHAPTER 185. 

AN ACT MAKING A FURTHER EXTENSION OF STATE FUNDS IN 
ORDER TO OBTAIN FEDERAL FUNDS FOR OLD AGE 
ASSISTANCE. 



Section 
3. Takes effect. 



Section 

1. Time extended. 

2. Appropriations extended. 

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

1. Time Extended. Amend section 24 of chapter 20 of the 
Laws of 1935, as amended by chapters 146 and 177 of the Laws 
of 1937, by striking out the date "August 15" and inserting in 
place thereof the date August 31, so that said section as 
amended shall read as follows: 24. Duration of Act* The 
provisions of this act shall terminate August 31, 1937, unless 

*Amended, chapter 202, post. 



406 Chapter 186 [1937 

the legislature shall alter or amend this act prior to that date. 
Upon such termination the board of welfare and reHef 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 organization for supervision of poor re- 
Hef hereby set up shall be wound up and liquidated. 

2. Appropriations Extended. Any balance of funds appro- 
priated by chapter 20 of the Laws of 1935, for the board of 
welfare and relief, and any balance of funds appropriated by 
section 25, chapter 127, Laws of 1935, for old age assistance, 
are hereby made available to the board of welfare and relief 
for the purposes of said chapters 20 and 127 for the period 
from August 15 to August 31, 1937. 

3. Takes Eflfect. This act shall take effect as of August 15, 
1937. 

[Approved August 12, 1937.] 



CHAPTER 186. 

AN ACT RELATING TO MARRIAGE. 



Section 

1. Marriage certificates. 

2. Exception. 



Section 
3. Takes eflfect. 



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

1. Marriage Certificates. Amend chapter 286 of the Public 
Laws by adding the following new sections : 22-a. Blood Test 
Required. No application for a marriage license shall be ac- 
cepted by any town clerk until there shall be in the possession 
of such town clerk a statement or statements signed by a 
licensed physician that each applicant has submitted to a Was- 
sermann or Kahn or other similar standard laboratory blood 
test and that, in the opinion of such physician, the person is 
not infected with syphilis or in a stage that may become com- 
municable and such statements shall be accompanied by a rec- 
ord of the standard laboratory blood tests made, which record 
shall contain the exact name of such applicant. A standard 
laboratory blood test shall be a laboratory test for syphilis ap- 
proved by the state department of health and shall be per- 
formed by said department on request of a licensed physician 



1937] Chapter 187 407 

or at a laboratory approved by it, such test to be made not 
more than thirty days before the issuance of the marriage 
license. 22-b. Penalty. Any person failing to comply with 
the provisions of the foregoing section shall forfeit sixty dol- 
lars for each such failure. The certificate filed with the city 
or town clerks shall not be considered as part of the marriage 
record but a confidential report. 

2. Exception. Amend section 24 of chapter 286 of the 
Public Laws by striking out the whole thereof and substitut- 
ing in place of it the following: 24. Shortening Period; 
Blood Test Waived. On application to a justice of the superior 
court, or judge of probate within the county where the pro- 
posed marriage is to be solemnized, the court for good cause 
shown may order that the period of five days provided in the 
preceding section be shortened as in the order provided and for 
like cause such judge may waive the provisions of section 
22-a above. 

3. Takes Effect. This act shall take effect October 1, 1938. 
[Approved August 12, 1937.] 



CHAPTER 187. 

AN ACT PROVIDING FOR A CONSTITUTIONAL CONVENTION. 



Section 

1. Delegates, election. 

2. Eligibility. 

3. Number. 

4. Secretary of state, duties. 

5. Organization. 



Section 

6. Books and papers. 

7. Amendments. 

8. Compensation. 

9. Appropriation. 
10. Takes effect. 



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

1. Delegates, Election. At the election in the several 
towns to be holden on the second Tuesday of March, 1938, and 
at a special election in the several cities to be holden on the 
same day, delegates to a convention to revise the constitution 
shall be chosen and an article therefor shall be inserted in the 
warrants calling said meeting ; and all the laws relating to the 
election of representatives to the general court, so far as the 
same may be applicable, shall apply to the election of delegates 
except as herein otherwise provided. 

2. , Eligibility. Any person shall be eligible to a 



408 Chapter 187 [1937 

seat in the convention who by the laws of this state is a quali- 
fied voter in the town or ward from which he may be elected. 

3. , Number. Delegates shall be proportioned as 

representatives to the general court are, except that each town 
shall be entitled to at least one delegate. 

4. Secretary of State, Duties. The secretary of state shall 
prepare and furnish to the towns and wards necessary ma- 
terial, including certificates of election, for a record of the 
choice of all delegates. 

5. Organization. The delegates chosen shall assemble in 
convention at the capitol in Concord on the second Wednesday 
of May, 1938, at noon, and shall proceed to organize by choos- 
ing one of their number by ballot to serve as president, and 
such other officers as thej^ deem necessary; they shall be the 
judges of election and returns of their own members, and may 
establish rules of proceedings and proceed to recommend con- 
stitutional amendments. 

6. Books and Papers Furnished. The secretary of state 
shall furnish to the convention such books, papers, stationery 
and printing as the convention shall require or order. 

7. Amendments. Such amendments to the constitution as 
are agreed to by the convention shall be submitted so that they 
can be voted on by the people separately or by groups, as the 
convention may determine; the convention shall prescribe the 
time and mode of submitting amendments to the people for 
their approval and provide for ascertaining their decision and 
publishing the same by executive proclamation, and may do 
any and all other things necessary to carry out the purposes of 
the convention. 

8. Compensation. Each delegate shall receive three dollars 
a day for his attendance on the convention and the same allow- 
ance for mileage as is provided for members of the general 
court. 

9. Appropriation. A sum not exceeding twenty-five thou- 
sand dollars is hereby appropriated for paying the expenses of 
said convention and the governor is authorized to draw his 
warrant for so much of said sum as may be necessary for its 
expenses. 

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

[Approved August 12, 1937.] 



1937] 



Chapter 188 



409 



CHAPTER 188. 

AN ACT RELATING TO THE GENERAL PROVISIONS OF THE FISH AND 

GAME LAWS, PROPAGATION OF FISH AND GAME, LICENSES, 

REGISTRATION OF GUIDES, AND SPECIAL PROVISIONS 

RELATIVE TO FISHING IN CERTAIN WATERS. 



Section 


Sectic 


)N 


I. 


Director of fish and game. 


18. 


Additional open season. 


2. 


Conservation officers. 


IS-a. 


Penalties. 


3. 


Definition. 


19. 


Game refuges. 


4. 


Prohibition. 


20. 


Adoption and posting. 


5. 


Night hunting. 


21. 


Requirements. 


6. 


Damage by wild birds or 


22. 


Licenses. 




wild animals. 


23. 


Fur buyers. 


7. 


Repeal. 


24. 


Penalties. 


8. 


Penalties. 


25. 


Licenses to hunt and fish. 


9. 


Deer. 


26. 


Licensees to furnish informa 


10. 


Residents. 




tion. 


11. 


Non-residents. 


27. 


Guides. 


12. 


Bag limit. 


28. 


Brook trout, Mirror Lake. 


13. 


Game birds. 


29. 


Closed to all fishing. 


14. 


Amendment. 


30. 


Closed to all fishing. 


15. 


Traps. 


31. 


Closed to all fishing. 


15-a. 


Navigable waters. 


32. 


Closed to all fishing. 


16. 


Requirements. 


33. 


Ice fishing. 


17. 


Penalties. 


34. 


Takes effect. 



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

1. Director of Fish and Game. Amend section 10 of chap- 
ter 196 of the PubHc Laws, as inserted by section 1, chapter 
123 of the Laws of 1935, by adding at the end of said section 
the words, except that he shall have the power to close to hunt- 
ing any area in which it is, in his opinion, dangerous to human 
life to hunt therein because of people working thereon, so that 
said section as amended shall read as follows: 10. Powers 
and Duties. It shall be the duty of the director to protect, 
propagate and preserve the fish, game and fur-bearing animals 
of 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 the 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 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 



410 Chapter 188 [1937 

for the protection, propagation and preservation of the fish, 
game and fur-bearing animals in the state v/hen, after investi- 
gation, he shall find that such action is necessary to insure the 
preservation or perpetuation of any kind of fish, game or fur- 
bearing animals, or the maintenance of an adequate supply 
thereof, except that he shall have the power to close to hunting 
any area in which it is, in his opinion, dangerous to human life 
to hunt therein because of people working thereon. 

2. Conservation Officers. Amend section 18 of said chap- 
ter 196 by adding after paragraph X the following new para- 
graph : XI. Fires. It shall be the duty of all such conserva- 
tion officers, while in and about the forests, to caution persons 
of the danger from fires in the forests, and to extinguish a fire 
left burning, if in their power. They shall give notice to all 
parties interested when possible, and to the forest fire warden 
in particular, of fires threatening to extend beyond control. 
Pending the arrival of such fire warden, they shall assume all 
his lawful powers. 

3. Definition. Amend the definition of resident in section 1 
of chapter 197 of the Public Laws, as inserted by section 1 of 
chapter 124 of the Laws of 1935, by striking out the whole of 
said definition and inserting in place thereof the following: 
Resident. A citizen of the United States who has lived and 
made his home continuously within the state not less than six 
months next prior to his application for a license and who has 
not during that period claimed a residence in any other state 
for any purpose. 

4. Prohibition. Amend section 6 of said chapter 197 by 
striking out the whole of said section and inserting in place 
thereof the following: 6. Automobiles. No person shall 
take wild birds or wild animals from an automobile, vehicle, 
boat or craft of any kind propelled by any mechanical power. 
The presence of any person possessed of a loaded rifle, shotgun 
or game getter in such automobile, vehicle, boat or craft, shall 
be prima facie evidence that he has violated the provisions of 
this section. A loaded rifle, shotgun or game getter shall in- 
clude any rifle, shotgun or game getter with a magazine or clip 
in which there are loaded cartridges. 

5. Night Hunting. Amend said chapter 197 by inserting 
after section 3 the following new section: 3-a. Prohibited 
Devices. No person shall have in his possession, while hunting 



1937] Chapter 188 411 

any wild bird, or wild animal, including bear, any jack or arti- 
ficial light, swivel, pivot or set gun, except as otherwise per- 
mitted. Any person convicted of illegal night hunting shall 
forfeit such firearms, jacks or other equipment used or usable 
in the illegal night hunting at the time of such violation. 

6. Damage by Wild Birds or Wild Animals. Amend sec- 
tion 24 of said chapter 197 by striking out all of said section 
and inserting in place thereof the following : 24. Killing by 
Land Owner. A person may pursue, wound or kill, on land 
owned or occupied by him, any wild bird or wild animal, 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. 

7. Repeal. Section 39 of said chapter 197, relative to time 
limits in trapping bobcat or lynx is hereby repealed. 

8. Penalties. Amend section 46 of said chapter 197 by 
striking out all of said section and inserting in place thereof the 
following: 46. Penalties. A person who violates a provision 
of this chapter shall be fined as follows : For each violation of 
sections 2 to 4 inclusive, and sections 6 to 9 inclusive, ten dol- 
lars, and five dollars additional for each fish, bird or animal, or 
part thereof bought, sold, offered for sale or transported con- 
trary to the provisions thereof; for each violation of sections 
5, 10, 11, 12, 13, 17, 18, 19, 25, 32 and 33, not more than fifty 
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 on this title for which 
a penalty is not otherwise provided, ten dollars. 

9. Deer. Amend chapter 198 of the Public Laws, as in- 
serted by section 2 of chapter 124 of the Laws of 1935, by add- 
ing after section 7 the following new section : 7-a. Buying 
or Selling. No person shall buy, sell, offer or expose for sale a 
deer or part thereof, except the head, hide or feet. 

10. Residents. Amend section 8 of said chapter 198 by 
striking out all of said section and inserting in place thereof 
the following : 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 by 
him, when accompanied by him and open to view, and to which 
the deer coupon on his license has been attached, as provided 
in sections 12 and 13 hereof. If said deer or carcass thereof 



412 Chapter 188 [1937 

be placed in the custody of a licensed 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 con- 
signee, the point of shipment, and the destination. 

11. Non-residents. Amend section 9 of said chapter 198 
by striking out all of said section and inserting in place there- 
of the following : 9. Transportation of Deer. 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 accompanied by him and open 
to view, and to which a deer coupon has been attached, as pro- 
vided in section 12 hereof. If such deer or carcass thereof be 
placed in the custody of a licensed 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 con- 
signee, 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 number as the 
license held by the licensee. 

12. Bag Limit. Amend section 2, chapter 199 of the Pub- 
lic Laws as inserted by section 3 of chapter 124 of the Laws of 
1935 by striking out said section and inserting in place thereof 
the following: 2. Pheasants. Male pheasants may be taken and 
possessed except in the counties of Coos and Carroll from No- 
vember first to November eleventh. No person shall take 
more than one male pheasant in one day nor more than four 
male pheasants in one season. 

13. Game Birds. Amend said chapter 199 by adding after 
section 10 the following new section: 10-a. Quail. Quail 
may be taken and possessed from October first to October 
thirty-first. No person shall take more than three quail in one 
day. 

14. Amendment. Amend section 3 of said chapter 199 by 
striking out, after the word "plover" in the second line thereof, 
the words "and quail" so that as amended said section shall 
read as follows: 3. Wood Ducks, etc. There shall be no 
open season for wood duck, European partridge, upland plover. 

15. Traps. Amend section 7 of chapter 200 of the Public 
Laws as inserted by section 4, chapter 124, Laws of 1935, by 
striking out all of said section and inserting in place thereof 
the following : 7. Visiting. A person shall visit his traps at 



1937] Chapter 188 413 

least once in each calendar day but such visiting hours shall be 
between one-half hour before sunrise and one-half hour before 
sunset only. 

15-a. Navigable Waters. Amend section 6 of chapter 200 of 
the Public Laws, as inserted by section 4, chapter 124, Laws of 
1935, by inserting after the word "occupant" in the third line 
the words, except upon land covered by a stream navigable by 
a boat, so that said section as amended shall read as follows: 
6. Setting Traps. No person shall set or arrange any trap 
upon any land of which he is not the owner or occupant, except 
upon land covered by a stream navigable by a boat, 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 de- 
scription of the land on which trapping is to be done. All 
metal traps shall have stamped or engraved thereon, in a 
legible 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. 

16. Requirements. Amend section 9 of said chapter 200 
by striking out the whole of said section and inserting in place 
thereof the following: 9. Protection of Bear Traps. A per- 
son who sets or causes to be set a bear trap, shall build in a 
suitable manner, and maintain around the same, a railing or 
guard not less than three feet high, and shall post not less than 
two painted signs, with the words "Bear Trap" thereon in 
letters not less than three inches in height, on such railing or 
guard. 

17. Penalties. Amend section 13 of chapter 200 by strik- 
ing out the whole of said section and inserting in place thereof 
the following: 13. Penalties. A person who violates a pro- 
vision of this chapter shall be fined as follows : For each viola- 
tion of sections 1 to 8 inclusive, 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 thereof, and not more than fifty dollars addi- 
tional for each beaver, sable, marten or fisher so taken or 
possessed; for each violation of sections 9 and 10, not more 
than five hundred dollars, and such person shall be liable for 
twice the amount of the damage caused by his act, to be re- 



414 Chapter 188 [1937 

covered by the person or his estate sustaining the injury or 
loss; and for each violation of section 11, not more than fifty 
dollars. 

18. Additional Open Season. Amend section 1 of chapter 
201 of the Public Laws as inserted by section 5, chapter 124 of 
the Laws of 1935 by adding at the end thereof the following: 
Brook trout, ten inches and over, may be taken in lakes and 
ponds, where trolling is permitted for lake trout and salmon, 
from April fifteenth to May first in addition to the regular sea- 
son therefor, so that said section as amended shall read as 
follows: 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 
possessed 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 
additional fish. No person may have in his possession at one 
time a total of more than two days' legal catch of brook trout. 
Brook trout, ten inches and over, may be taken in lakes and 
ponds, where trolling is permitted for lake trout and salmon, 
from April fifteenth to May first in addition to the regular 
season therefor. 

18-a. Penalties. Amend section 26 of said chapter 201 by 
striking out said section and inserting in place thereof the 

following new section: 26. . A person who violates 

a provision of the preceding 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 inclusive, 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; of 
sections 22, 23, 24 and 25, not less than ten and not more than 
fifty dollars. 

19. Game Refuges. Amend chapter 202 of the Public Laws, 
as inserted by section 6 of chapter 124 of the Laws of 1935, by 



1937] Chapter 188 415 

adding after section 12 the following new section: 12-a. 
Penalty. Any person found upon a state game refuge or upon 
any land under the control of the director, which has been 
established by him as an area for the propagation of game, 
having in his possession a loaded firearm, shall be fined not 
more than one hundred dollars or imprisoned not more than 
thirty days or both. 

20. Adoption and Posting. Amend section 14 of said chap- 
ter 202 by striking out the whole of said section and inserting 
in place thereof the following: 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 including state game refuges, 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 admin- 
istration, or as may be established pursuant to agreements 
with the state forester or proper federal authority or lessors. 

21. Requirements. Amend section 12 of said chapter 202 
by striking out the whole of said section and inserting in place 
thereof the following: 12. Boundary Lines; Notices. Each 
game refuge shall be surrounded by a well defined line, road or 
cleared strip of land, and in the discretion of the director, by 
wire 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 Game Refuge — Hunting is Unlawful," and 
such other information or rules or regulations as the director 
may deem advisable. 

22. Licenses. Amend section 6 of chapter 203 of the Pub- 
lic Laws, as inserted by section 7 of chapter 124 of the Laws of 
1935, by striking out the words "and fifteenth days" in the 
fourth line and inserting in place thereof the word, day, so that 
said section as amended shall read as follows: 6. Agents 
Accounting. The agent shall collect a fee of fifteen cents for 
each license issued, from the licensee, and shall account to the 
director for the full face value of the licenses. He shall on the 
first day 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 in- 
foiTnation as may be requested on blanks to be furnished by 
the director. 



416 Chapter 188 [1937 

23. Fur Buyers. Amend section 12 of said chapter 203 by 
inserting after the word "animals" in the third line the words, 
or the hides or skins of deer, so that said section as amended 
shall read as follows : 12. When Required. No person, ex- 
cept as hereinafter provided, shall at any time engage in this 
state in the business of buying the furs or skins of fur-bearing 
animals or the hides or skins of deer, without first procuring a 
license so to do, and then only in accordance with the terms of 
such license and subject to all the provisions of this title. 

24. Penalties. Amend section 22 of said chapter 203 by 
striking out the whole of said section and inserting in place 
thereof the following : 22. Penalties. A person who violates 
the provisions of this chapter shall be fined not more than fifty 
dollars. A person who furnishes to another person, or per- 
mits another person to have or use, a license issued to himself, 
or changes or alters such license or coupon, or uses a license or 
license coupon issued to another person, or makes a false state- 
ment in an application, or knowingly guides a hunter who has 
not a license as provided in chapter 203-A, shall be fined not 
less than fifteen dollars nor more than fifty dollars, and such 
fine shall not be suspended. 

25. Licenses to Hunt and Fish. Amend section 1 of said 
chapter 203 by striking out the whole of said section and in- 
serting in place thereof the following: 1. When Required; 
Exhibiting. No person except as hereinafter provided, 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 then only in accordance 
with the terms of such license and subject to all the provisions 
of this title. The licensee shall wear such license, prominently 
displayed, on the front of the outer garment, in a metal case, 
furnished by the department at the time such license is issued, 
or a license button as the case may be, and the same shall be 
subject to inspection on demand by any person. 

26. Licensees to Furnish Information. Amend section 3 of 
said chapter 203 by striking out the whole of said section and 
inserting in place thereof the following: 3. Issue; Reports. 
Such hcenses shall be issued by the director or his agents un- 
der such rules and regulations, and in such form, as the direc- 
tor may prescribe, to persons sixteen years of age or over. 



1937] Chapter 188 417 

Licensees shall furnish information concerning fish, game or 
fur-bearing animals as the director may require. 

27. Guides. Amend section 5 of chapter 203-A of the Pub- 
lic Laws, as inserted by section 8 of chapter 124 of the Laws of 
1935, by striking out the word "twenty-one" in the second line 
and inserting in place thereof the word, eighteen, so that said 
section as amended shall read as follows : 5. Qualifications. 
A person licensed as a guide shall be a citizen of the United 
States, and at least eighteen years of age. He shall furnish 
such recommendations as the director may require. He shall 
be skilled in the use, management and handling of such boats 
or canoes as are customarily used in camping, fishing and hunt- 
ing, and shall be a safe and competent person under all circum- 
stances to be a guide for camping, hunting or fishing parties. 

28. Brook Trout, Mirror Lake. Amend paragraph II, sec- 
tion 2, chapter 155, Laws of 1935, as inserted by chapter 144 of 
the Laws of 1937, and amended by chapter 170, Laws of 1937, 
by adding at the end thereof the words. Mirror lake in White- 
field, so that said paragraph as amended shall read as follows : 
II. Long pond in Benton, Lucas pond in Northwood, Mount 
William pond in Weare, Nippo pond in Barrington, Mirror lake 
in Whitefield. 

29. Closed to All Fishing. Amend paragraph IV of section 
7 of chapter 155 of the Laws of 1935, as inserted by section 4, 
chapter 96, Laws of 1937, by inserting after the word "lake" 
the words, Hatchery, Bixbie or Patch brook, so called, in the 
town of Warren, from the Baker river to the elm tree in the 
Bixbie pasture, and all tributaries of same except the Hurri- 
cane brook, so that said paragraph as amended shall read as 
follows: IV. Fowler river, between Ted Lard's dam in Alex- 
andria and the covered bridge on the highway around New- 
found lake, Hatchery, Bixbie or Patch brook, so called, in the 
town of Warren, from the Baker river to the elm tree in the 
Bixbie pasture, and all tributaries of same except the Hurri- 
cane brook. North Branch of the Gale river and all tributaries 
above Littleton Water Supply dam in Bethlehem and Fran- 
conia, all tributaries of Lamb Valley pond in Dartmouth 
College Grant. 

30. Closed to All Fishing. Amend paragraph VIII, sec- 
tion 7, chapter 155, Laws of 1935, as inserted by section 4, 
chapter 96, Laws of 1937, by inserting after the word "Bel- 



418 Chapter 188 [1937 

mont" the words, all tributaries of Sunapee lake in the towns 
of Sunapee, Newbury and New London, so that said paragraph 
as amended shall read as follows: VIII. Sand Hill brook in 
Auburn, Derry and Londonderry, Smith brook in Pittsburg 
from the dam to the main river, Spring pond brook in Benning- 
ton, streams between Tioga, Sargent and Badger reservoirs in 
Belmont, all tributaries of Sunapee lake in the towns of Suna- 
pee, Newbury and New London, all tributaries of Swift 
Diamond river in Dartmouth College Grant, all tributaries of 
Taggart brook in Peterborough. 

31. Closed to All Fishing. Amend paragraph IX, section 
7, chapter 155, Laws of 1935, as inserted by section 4, chapter 
96, Laws of 1937, by striking out said paragraph and inserting 
in place thereof the following: IX. Three pond brook in 
Rumney, Trout brook, the inlet of Post pond in Lyme, up- 
stream from the pond for a distance of approximately two 
miles to the falls, all tributaries of Tunnel stream in Benton 
and its tributaries of Taggart brook in Peterborough, Twitchell 
brook, flowing east into the Androscoggin river. West Branch 
watershed of the Ammonoosuc river, tributaries of Kilkenney, 
including the West Branch. 

32. Closed to All Fishing. Amend section 7 of chapter 155 
of the Laws of 1935, as amended by section 4, chapter 96, Laws 
of 1937, by adding after paragraph IX the following new para- 
graph: X. The inlet of Little Diamond pond in Stewarts- 
town for the distance of one hundred feet from the inlet out 
into the pond and fifty feet on each side of said inlet. 

33. Ice Fishing. Amend chapter 155 of the Laws of 1935 
by inserting after section 5-a, as inserted by chapter 14 of the 
Laws of 1937, the following new section: 5-b. Newfound 
Lake. Newfound lake is closed to fishing through the ice ex- 
cept during the month of January. 

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

[Approved August 17, 1937.] 



1937] Chapters 189, 190 419 

CHAPTER 189. 

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



SlXTXON 

1. Assessment and collection. 



SECTION 

2. Takes effect. 



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

1. Assessment and Collection. The sum of one million six 
hundred thousand dollars ($1,600,000) shall be raised for the 
use of the state for the year 1937, and the sum of one million 
two hundred thousand dollars ($1,200,000) shall be raised for 
the use of the state for the year 1938, and the state treasurer 
is hereby directed seasonably to issue his warrants to the 
selectmen of the several towns and places and to the assessors 
of the several cities in the state according to the apportion- 
ment of the pubhc taxes made at the session of the legislature 
of 1937,* 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, 1937, and the 
first day of December, 1938, 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 
passage. 

[Approved August 20, 1937.] 



CHAPTER 190. 



AN ACT RELATING TO THE BONDS OF THE NEW HAMPSHIRE 
WATER RESOURCES BOARD. 



Section 
2. Takes effect. 



Section 

\. Bonds guaranteed in whole or 
in part. 

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

1. Bonds Guaranteed in Whole or in Part. Amend section 
17 of chapter 121 of the Laws of 1935 entitled "An Act to 



* Chapter 5, ante. 



420 Chapter 190 [1937 

establish the New Hampshire water resources board," by in- 
serting after the words "determine, the payment of" the 
words, the whole or any part of the, and by striking out the 
word "bonds" following the words "the aggregate principal 
amount of" and by substituting therefor the words, 
bonded indebtedness, and by inserting after the words 
"the payment of such interest or principal" the 
words, to the extent of such guarantee, so that as amended 
said section shall read as follows: 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 the whole 
or any part of the principal and interest of any bonds to be 
issued by the corporation hereunder, whether or not the same 
are secured by a first, junior or other lien upon revenues from 
projects, provided that the aggregate principal amount of 
bonded indebtedness 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 consent 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 to the extent of such 
guarantee and the sums so paid shall be recoverable from the 
corporation. 

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

[Approved August 20, 1937.] 



1937] Chapter 191 421 

CHAPTER 191. 

AN ACT RELATIVE TO THE REGISTRATION OF MOTOR VEHICLES BY 

NON-RESIDENTS. 



Section 
2. Takes effect. 



Section 

L Permits for registration by 
non-residents. 

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

1. Motor Vehicles. Amend chapter 100 of the Public Laws 
by inserting after section 21 the following new subdivision : 

Permits for Registration by Non-residents 

21-a. Permits Required. No motor vehicle, trailer or semi- 
trailer owned by a non-resident and used for commercial or 
business purposes shall be registered under the provisions of 
chapter 100 of the Public Laws until the owner thereof has 
obtained a permit for such registration from the motor vehicle 
commissioner and has paid the required fee for such permit, 
provided, however, that such permit shall not be required of a 
resident of a state, district or country which grants to a resi- 
dent of this state a like privilege of registering a motor 
vehicle, trailer or semi-trailer in that state, district or country 
without the payment of an excise, permit or other fee in addi- 
tion to the registration fee. 

21-b. Reciprocity. The commissioner shall determine 
what states, districts or countries grant such reciprocal privi- 
leges and his determination shall be final. 

21-c. Fees. The amount of the fee for the permit for 
registration required by section 21-a shall be one-half the 
amount of the registration fee for such motor vehicle, trailer 
or semi-trailer. 

21-d. Disposition of Fees. All fees received by the motor 
vehicle commissioner under the provisions of this subdivision 
shall be credited to the highway department for the main- 
tenance of highways, 

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

[Approved August 20, 1937.] 



422 Chapters 192, 193 [1937 

CHAPTER 192. 

AN ACT RELATIVE TO UNEXPENDED FLOOD APPROPRIATIONS FOR 
THE HIGHWAY DEPARTMENT. 



Section 

1. Transfer of appropriation. 



Section 
2. Takes effect. 



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

1. Transfer of Appropriation. The balance of two million 
dollars appropriated by chapter 1 of the Laws of the special 
session 1936 unexpended for the construction, repair, reloca- 
tion and reconstruction of highways, bridges and culverts 
throughout the state damaged or destroyed during the flood 
of March 1936 less such part thereof as the governor and coun- 
cil may reserve for the payment of unsettled claims thereunder 
is hereby transferred and designated to be used by the high- 
way department for the construction and reconstruction of 
trunk lines, including bridges and culverts for the same. 

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

[Approved August 20, 1937.] 



CHAPTER 193. 



AN ACT PROVIDING AN APPEAL FROM THE STATE BOARD OF 

HEALTH. 



Section 

1. Appeals authorized. 



Section 
2. Takes effect ; application. 



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

1. Appeals Authorized. Amend chapter 141 of the Public 
Laws, as amended by chapter 11, Laws of 1933, by adding 
after section 19-a the following section : 19-b. Appeal. Any 
person aggrieved by any decision, regulation, ruling or order 
made by the state board pursuant to the provisions of section 
19-a, shall have the right to appeal at any time within thirty 
days from the time when such decision, regulation, ruling or 
order shall become effective, to the superior court for a review 
of said decision, regulation, ruling or order, by a petition for 
certiorari. Pending review, such decision, regulation, ruling or 



1937] Chapter 194 423 

order shall be and remain in force unless justice shall require 
its suspension. Upon hearing, the burden of proof shall be upon 
the party seeking relief, and in addition to the record all evi- 
dence relative to the issues shall be received and considered. 
Such final order or decree shall be entered as justice may re- 
quire, but the decision, regulation, ruling or order under re- 
view shall not be set aside, quashed or modified, except for 
errors of law, unless it shall appear by a clear preponderance 
of evidence that such decision, regulation, ruling or order is 
unjust or unreasonable. 

2. Takes Effect; Application. This act shall take effect 
upon its passage and, subject to the limitation herein con- 
tained shall also apply to decisions, rulings, orders, or regula- 
tions made not more than ninety days before the passage of 
this act. 

[Approved August 20, 1937.] 



CHAPTER 194. 



AN ACT RELATIVE TO EQUIPMENT OF TRAILERS AND 
SEMI-TRAILERS. 



Section 
3. Takes effect. 



Section 

1. Required equipment. 

2. Truck inspection regulations. 

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

1. Required Equipment. Amend section 4-a of chapter 
103 of the Public Laws, as inserted by chapter 81 of the Laws 
of 1937 by striking out said section and inserting in place 
thereof the following: 4-a. Trailers and Semi-Trailers. No 
motor vehicle trailer or semi-trailer, the weight of which in- 
cluding its load is fifteen hundred pounds or more, except 
wood-sawing machines, cement mixers, refreshment booths on 
wheels towed not more than two miles at any one time on the 
highways of this state and devices of two wheels used by pub- 
lic utilities for the transportation of cables or poles, not to ex- 
ceed three in number, and trailers used in the transportation 
of live stock for exhibition, breeding, racing and riding pur- 
poses, not exceeding twenty-four hundred pounds in weight, 
shall be operated on the highways of this state unless 



424 Chapter 195 [1937 

equipped with adequate brakes in good working order and suf- 
ficient to control the said vehicle at all times when the said 
vehicle is in use. 

2. Truck Inspection. Amend said chapter 103 of the Pub- 
lic Laws by inserting after section 4-a as hereinbefore amended 
the following: 4-b. Application of Regulations. Rules and 
regulations prescribed by the motor vehicle commissioner per- 
taining to truck brake inspections shall apply to brakes on trail- 
ers and semi-trailers. 

3. Takes Effect. This act shall take effect sixty days after 
its passage. 

[Approved August 20, 1937.] 



CHAPTER 195. 

AN ACT RELATIVE TO THE TRUSTEES OF STATE INSTITUTIONS. 

Section I Section 

1. Trustees of state institutions. | 2. Takes effect. 

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

1. Trustees of State Institutions. Amend section 2 of 
chapter 9 of the Public Laws by striking out said section and 
inserting in place thereof the following: 2. Appointment. 
There shall be a board of seven trustees for each of said five 
institutions, the appointed members of which shall serve with- 
out pay but shall be allowed their reasonable expenses. Five 
members of each board shall be appointed by the governor and 
council for term.s of five years. They may be either men or 
women. Vacancies in the boards shall be filled by the gover- 
nor and council for the unexpired term. Any appointed mem- 
ber of said boards may be removed by the governor and coun- 
cil at any time for cause. The governor and such member of 
the council as he may appoint shall be ex-officio members of 
each of said boards of trustees. The chairman of each board 
shall be one of the five appointed members, and shall be elected 
annually by the board. Services rendered by any member of 
the council in carrying out any of the provisions of this chap- 
ter shall be considered as the performance of his duty as 
councilor. 



1937] Chapters 196, 197 425 

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

[Approved August 20, 1937.] 



CHAPTER 196. 



AN ACT PROVIDING FOR SPECIAL LICENSES FOR FIRST CLASS 

RESORT HOTELS. 



Section 
2. Takes effect. 



Section 

1. Special licenses for resort ho- 
tels. 

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

1. Licenses for Resort Hotels. Amend chapter 3 of the 
Laws of the special session of 1934 by inserting after section 
19 the following new section: 19-a. Special. Any bona fide 
guest of a first class resort hotel, licensed under the provisions 
of section 19, may be served with beverages or Hquor in any 
room of said hotel designated by the commission under a special 
license therefor, provided said room shall not have an entrance 
upon any public way. The commission shall have control of 
said special licenses to grant, regulate, suspended or revoke the 
same entirely separate from any other licenses which may be 
granted to said hotel. The fee for such special license shall 
be one hundred dollars per year. 

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

[Approved August 20, 1937.] 



CHAPTER 197. 

AN ACT RELATIVE TO THE SALE OF LIQUOR BY CLUBS. 

Section I Section 

1. Sale of liquor by clubs. | 2. Takes effect. 

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

1. Sale of Liquor. Amend section 22 of chapter 3 of the 
Laws of the special session of 1934 by striking out the words 
"not for profit" in the eighth line and inserting in place there- 



426 Chapter 198 [1937 

of the words, for a reasonable profit to be determined by the 
commission, so that said section as amended shall read as 
follows: 22. Clubs. In towns and cities which have ac- 
cepted the provisions of this act the commission may issue 
licenses to clubs incorporated under the laws of the state of 
New Hampshire or which are affiliated with any national fra- 
ternal organization for the sale to members and bona fide 
guests, of liquor by the glass only. The club license fee shall 
be one hundred dollars ($100) per annum, A licensee under 
this section shall sell for convenience and for a reasonable 
profit to be determined by the commission, and such licensee 
shall make a sworn return to the commission in such form as 
the commission in its discretion shall require once each month, 
showing the income from liquor sold, and the expenses prop- 
erly chargeable to that part of the business of the licensee. 
Provided, however, that the cost of a license as provided herein 
may be considered as a part of the expense of selling liquor. 

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

[Approved August 20, 1937.] 



CHAPTER 198. 

AN ACT RELATING TO THE UNIFORMS OF THE STATE POLICE. 



Section 
3. Takes effect. 



Section 

1. State police insignia. 

2. Penalty. 

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

1. State Police Insignia. No person shall wear or exhibit 
the badge, button, emblem, decoration, insignia or uniform of 
the state police or shall wear or exhibit a badge, button, em- 
blem, decoration, insignia or uniform so nearly like that of the 
state police as reasonably to be mistaken therefor. 

2. Penalty. Any person violating the provisions of the 
foregoing section shall be fined not more than five hundred 
dollars or imprisoned not more than six months or both. 

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

[Approved August 20, 1937.] 



1937] Chapters 199, 200 427 

CHAPTER 199. 

AN ACT RELATING TO TRANSPORTATION OF PUPILS ATTENDING 
APPROVED PRIVATE SCHOOLS. 

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



Section 
2. Takes effect. 



Section 

1. Transportation of pu])ils 
private schools. 

1. Transportation. Amend chapter 117 of the PubHc Laws 
by inserting after section 7, as amended by chapter 76 of the 
Laws of 1933, the following new section: 7-a. Pupils in 
Private Schools. Pupils attending approved private schools, 
up to and including the ninth grade, shall be entitled to the 
same transportation privileges within any town or district as 
are provided for pupils in public schools. 

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

[Approved August 20, 1937.] 



CHAPTER 200. 

AN ACT RELATING TO HOTEL AND CABIN LABOR. 

Section I Section 

1. Hours of labor. 1 2. Takes effect. 

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

1. Hours of Labor. Amend section 14 of chapter 176 of 
the Public Laws, as amended by chapter 36 of the Laws of 
1937, by striking out the words, "hotel, cabin" and inserting 
in place thereof the following, hotel and cabin including dining 
and restaurant service operated in connection therewith and 
incidental thereto, so that said section as amended shall read 
as follows: 14. Females, Minors. No female, or minor un- 
der eighteen years of age, shall be employed or permitted to 
work at manual or mechanical labor in any manufacturing 
establishment more than ten hours in any one day, or more 
than forty-eight hours in any one week. No female, or minor 
under eighteen years of age, shall be employed or be permitted 
to work at manual or mechanical labor in any other employ- 



428 Chapter 201 [1937 

ment, except household labor and nursing, domestic, hotel and 
cabin including dining and restaurant service operated in con- 
nection therewith and incidental thereto, and boarding-house 
labor, operating in telegraph and telephone offices and farm 
labor, more than ten and one-quarter hours in any one day, or 
more than fifty-four hours in any one week. 

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

[Approved August 20, 1937.] 



CHAPTER 201. 



AN ACT RELATIVE TO THE TIME OF PAYMENTS FOR SERVICES TO 
STATE EMPLOYEES. 

Section | Section 

1. Change in time for payments 2. Takes effect, 

to state employees. I 

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

1. Change in Time. Amend section 44 of chapter 15 of the 
Public Laws by striking out said section and inserting in place 
thereof the following: 44. Payment for Services. All per- 
sons performing work in the service of the state of New Hamp- 
shire shall be paid their compensation at such intervals not 
more often than weekly as the comptroller with the approval 
of the governor and council shall determine. 

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

[Approved August 20, 1937.] 



1937] 



Chapter 202 



429 



CHAPTER 202. 

AN ACT RELATING TO PUBLIC WELFARE. 



Section 
Department of Public Welfare. 

1. Department created. 

2. Board of public welfare. 

3. Duties of board. 

4. Commissioner. 

5. Duties. 

6. Duties of department. 

7. Probation duties of commis- 

sioner. 

8. Settlement. 

9. Liability for support. 

10. Eligibility for assistance. 

11. Designations. 

12. Definitions. 

13. Amount of assistance. 

14. Application for assistance. 

15. Investigation. 

16. Granting of assistance. 

17. Funeral expenses. 

18. Appeal. 

19. Recovery. 

20. Fraudulent acts. 

21. Reimbursements of fund by 

counties and towns. 

22. Local administration. 

23. Public assistance fund created. 

24. Appropriation. 

25. Equalization. 

26. Agencies abolished. 

27. State veterans' service officer. 



Section 
28. Voting rights not affected. 

Summons of witnesses. 

Acceptance of funds. 

Assignability of assistance. 

Guardian. 

Assistance exclusive. 

Claims and liens against es- 
tates. 

Assignment of property. 

Legal proceedings. 

Reports by counties and towns. 

Notes authorized. 

Giving liquor to one receiving 
assistance. 

Repeal. 

Takes effect. 
State Board of Welfare and 
Relief. 

Extension of act. 

Grants for direct relief. 

Direct relief, appropriation. 

Disposition of emergency re- 
lief fund. 

Rate of reimbursement for old 
age assistance. 

47. Appropriation. 

48. Bonds and notes authorized. 

49. Accounts. 

50. Disposition of proceeds. 

51. Takes effect. 



29. 
30. 
31. 
32. 
33. 
34. 

35. 
36. 
37. 
38. 
39. 

40. 
41. 



42. 
43. 
44. 

45. 

46. 



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

Department of Public Welfare 

1. Depaitment of Public Welfare. There is hereby created 
a department of public welfare, hereinafter referred to as the 
department, which shall consist of a board of public welfare, a 
commissioner of public welfare, and such other officials and 
employees as may be hereinafter authorized. 

2. Board of Public Welfare. The board of public welfare, 
hereinafter referred to as the board, shall consist of three 
members, not more than two of whom shall be of the same 
political party, to be appointed by the governor, with the ad- 
vice and consent of the council, on the basis of recognized in- 
terest in and knowledge of the problems of public assistance 
and public welfare, for a term of three years, except the first 



430 Chapter 202 [1937 

board whose members shall be appointed as follows : One for 
one year, one for two years and one for three years. The gov- 
ernor shall designate the chairman. Members of the board of 
public welfare shall be paid eight dollars per day, each, for 
such time as they are actually engaged in the service of the 
state and their actual expenses. 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. 

3. Duties of the Board. It shall be the duty of the board 
to supervise and direct the department that its duties herein 
defined be effectuated, and to make such rules and regulations, 
and take action necessary or desirable to carry out the pro- 
visions of this subdivision. Such rules and regulations shall 
be binding upon the counties and towns. 

4. Commissioner. Said board shall appoint a commissioner 
of public welfare hereinafter referred to as the commissioner 
who is a citizen of the United States and of the state of New 
Hampshire and whose salary shall be four thousand dollars 
per year. He shall serve during the pleasure of the board. 

5. Duties; Commissioner. The commissioner shall serve 
as the executive and administrative officer of the department 
and shall be responsible for its management. He shall serve 
as clerk of the board. The commissioner shall appoint such 
personnel as may be necessary for the efficient performance of 
the duties prescribed in this act and shall prescribe their 
duties. Such personnel shall be appointed on a merit basis in 
accordance with objective standards as approved by the gov- 
ernor and council. The commissioner shall have the authority 
to establish such divisions within the department as may be 
necessary for efficient administration and may allocate and re- 
allocate functions among divisions within the department. 

6. Duties; Department. Except as otherwise provided by 
law, the duties of the department with respect to the public 
assistance and welfare activities of the state shall be as here- 
inafter prescribed, for which funds appropriated for the gen- 
eral purposes of this subdivision may be expended: 

I. General. Develop plans to provide assistance to 
needy aged, blind, deaf, tuberculous persons and dependent 



1937] Chapter 202 431 

children; administer or supervise the administration of these 
activities, the activities of the state's veteran officer, child wel- 
fare services, social service index and other activities herein- 
after mentioned. 

II. Child Welfare Service. Develop and administer state 
responsibilities for child welfare ; supervise the administration 
of the same by county and town officials, and may administer 
directly such child welfare activities. Child welfare activities 
shall include: Protection and care of homeless, dependent 
and neglected childi'en, and children in danger of becoming 
delinquent; co-operation with state and other institutions 
for childi'en, including investigation and follow up services; 
services and care of children in foster homes; and all other 
child welfare activities authorized by law; provided, however, 
that nothing in this subdivision shall be construed as authoriz- 
ing any public official, agent, or representative, in carrying out 
any of the provisions of this subdivision, to take charge of any 
child over the objection of either of the parents of such child, 
or of the person standing in, loco parentis to such child, except 
pursuant to a proper court order. 

III. Institutional Supervision. Inspect all public and 
supervise and license all private institutions and private board- 
ing homes providing assistance, care or other direct services to 
children who are neglected, delinquent, defective, or dependent, 
as well as to the aged, blind, feeble-minded and other depend- 
ent persons. 

IV. Blind. Develop or co-operate with other agencies in 
providing services to the blind, including the locating of blind 
persons, medical service for eye conditions, vocational guidance 
and training of the Wind, placement of blind persons in em- 
ployment, instruction of the adult blind in their homes, other 
services to blind persons, and a program for the prevention of 
bhndness. In connection with assistance to needy blind per- 
sons the department shall give due consideration to the special 
needs associated with the condition of blindness and shall : (a) 
Promulgate rules and regulations stating in terms of 
ophthalmic measurements the amount of visual acuity which an 
applicant may have and be eligible for assistance; (b) establish 
the procedure for securing competent medical examinations; 
(c) designate or approve a suitable number of ophthalmolo- 
gists or physicians skilled in diseases of the human eye, who 



432 Chapter 202 [1937 

must be duly licensed to practice medicine and actively en- 
gaged in the treatment of such diseases, to examine applicants 
and recipients of aid; (d) fix the fees to be paid for medical 
examination from funds available to the department. 

V. Medical Care. In co-operation with state health au- 
thorities and county and local officials, develop and administer 
a plan for providing medical or other remedial care. 

VI. Co-operation; State, Local. Co-operate with other 
departments, agencies and institutions, both state and local, in 
performing services in conformity with the purposes of this 
subdivision. 

VII. Co-operation ; Federal. Co-operate with the federal 
government in carrying out the purposes of the Federal Social 
Security Act, and in other matters of mutual concern pertain- 
ing to public welfare, child welfare services and public assist- 
ance. Including the adoption, so far as is consistent with the 
provisions hereof, of such methods of administration as are 
found by the federal government to be necessary for the 
efficient operation of the plan for such public assistance and 
welfare services. 

VIII. Reports; Federal. Make such reports, in such 
form and containing such information, as the federal govern- 
ment may from time to time require, and comply with such 
provisions as the federal government may from time to time 
find necessary to assure the correctness and verification of 
such reports. 

IX. Transients. Have the authority to enter into re- 
ciprocal agreements with public welfare agencies in other 
states relative to the provision of relief or assistance to tran- 
sients and non-residents, and co-operate with other state de- 
partments and with the federal government in studying labor, 
health, and public assistance problems involved in transiency. 

X. Research. Carry on research and compile statistics 
relative to public welfare throughout the state including de- 
pendency, dehnquency, physical or mental incapacity, and re- 
lated problems; and develop plans in co-operation with other 
public and private agencies for the prevention as well as treat- 
ment of conditions giving rise to public welfare problems. 

XL Personnel Standards. Based upon the number of 
applicants and recipients in the localities, the board shall de- 
termine the number of employees necessary for the adminis- 



1937] Chapter 202 433 

tration of old age assistance, aid to dependent children, and 
aid to the blind in all administrative units, state, county and 
town, shall set up objective personnel standards in terms of 
education, training, and experience for such employees, which 
standards shall be the basis for selection and appointment of 
personnel and the board shall make rules and regulations 
necessary to maintain such standards. 

XIL Personnel. Personnel of the board shall be citizens 
of the state of New Hampshire, so far as possible. 

7. Commissioner, Probation Duties. If appointed by a 
court of competent jurisdiction, the commissioner shall per- 
form, under the supervision of such court, the function of pro- 
bation officer or agent of the court in any welfare matters 
which may be before the court. 

8. Settlement. No person shall lose his settlement because 
of receiving old age assistance under the provisions of this sub- 
division. 

9. Liability for Support; Recovery. Assistance rendered 
under this subdivision to anyone having in the state a father, 
mother, stepfather, stepmother, son or daughter whose weekly 
income or other resources are more than sufficient to provide 
a reasonable subsistence compatible with decency and health, 
may be recovered in an action of debt by the department in 
the name of the state, from either a father, mother, stepfather, 
stepmother, son or daughter who are declared jointly and 
severally liable for such assistance. Such action shall be 
brought by the attorney-general or the sohcitor for the county 
in which anyone liable resides when so requested by the com- 
missioner. Anyone against whom an order is entered requir- 
ing a person to contribute to the support of a relative who fails 
to comply therewith shall be deemed to be in contempt of court 
and may be imprisoned not less than sixty nor more than 
ninety days. 

10. Eligibility for Assistance. Pubhc assistance shall be 
granted under this subdivision to any eligible person as defined 
in section 12 who has not sufficient income or other resources 
to provide a reasonable subsistence compatible with decency 
and health; who has not made an assignment or transfer of 
property for the purpose of rendering himself eligible for such 
assistance at any time within five years immediately prior to 
the filing of his application for assistance; and who is not an 



434 Chapter 202 [1937 

inmate of any public institution at the time of receiving assist- 
ance. An inmate of such an institution, however, may make 
application for such assistance but the assistance if granted 
shall not begin until after he ceases to be an inmate. 

11. Designations. Assistance granted to aged persons 
shall be designated as aid to the aged ; assistance granted to 
the needy blind shall be designated as aid to the needy blind; 
assistance granted to dependent children shall be designated 
as aid to dependent children ; assistance to tuberculous persons 
shall be designated as aid to tuberculous persons; assistance 
granted in these groups shall be in the form of money pay- 
ments to or with respect to needy individuals and such 
separate records and accounts shall be kept and other require- 
ments met as are necessary to qualify for grants-in-aid from 
the federal government. 

12. Definitions. (a) For the purposes hereof a person 
shall be eligible for aid to the aged who is seventy years of 
age ; is a citizen of the United States ; is not at the time of re- 
ceiving assistance an inmate of, or receiving the necessities of 
life from a private charitable, benevolent or fraternal institu- 
tion or home for the aged, except in the case of temporary 
medical or surgical care in a hospital; is not on account of his 
physical condition in need of continued institutional care; if a 
husband, has not without just cause failed to support his wife 
and children under the age of sixteen years, for six months or 
more during the ten years preceding the date of application ; 
has not within one year preceding said application been an 
habitual tramp, beggar or drunkard; provided, further, that 
after January 1, 1940, the age limit for eligibility for such as- 
sistance shall be sixty-five years. 

(b) For the purposes hereof a person shall be eligible 
for aid to the needy blind who has no vision or whose vision 
with correcting glasses is so defective as to prevent the per- 
formance of ordinary activities for which eyesight is essential. 
No person shall be eligible to receive such aid while receiving 
aid to the aged. 

(c) For the purposes hereof a person shall be eligible 
for aid to dependent children who is a needy child under the 
age of sixteen who has been deprived of parental support or 
care by reason of death, continued absence from the home, or 
physical or mental incapacity of a parent, and who is living 



1937] Chapter 202 435 

with his father, mother, grandfather, grandmother, brother, 
sister, stepfather, stepmother, stepbrother, stepsister, uncle or 
aunt, in a place of residence maintained by one or more of such 
relatives as his or their home. 

13. Amount of Assistance. The commissioner shall de- 
termine the amount of assistance which any person shall re- 
ceive under this subdivision. The commissioner shall, how- 
ever, in appropriate cases, first consult with the proper officials 
of counties or towns hereby required to contribute to the cost 
thereof. In any case due regard shall be given to the resources, 
necessary expenditures in each case, the conditions existing 
in each case and the rules and regulations made by the de- 
partment, and said assistance shall be sufficient, when added to 
all other income and support of the case, to provide such per- 
son with a reasonable subsistence compatible with decency and 
health. 

14. Application for Assistance. Application for assistance 
under this subdivision shall be made in the first instance to 
the commissioner or his duly authorized agent. The applica- 
tion shall be in writing and upon a form prescribed by the de- 
partment. Except in cases of emergency no aid shall be 
granted until completion of the investigation herein required. 
Whenever an application for old age assistance is received the 
commissioner shall immediately give notice of such application 
to the selectmen of any town or the city clerk of any city 
wherein said applicant claims a legal settlement, or other- 
wise to the county commissioners of the county in which 
said applicant resides, and shall also notify them of any deci- 
sion thereon. 

15. Investigation. Whenever an application for assistance 
under this subdivision is received, an investigation and record 
shall promptly be made of the circumstances of the applicant 
in order to ascertain the facts supporting the application, and 
in order to obtain such other information as may be required 
by the rules of the department. The investigation shall in- 
clude a visit to the home of the applicant. 

16. Granting of Assistance. Upon the completion of the 
investigation the commissioner shall decide whether the appli- 
cant is eligible for assistance under the provisions of this sub- 
division and shall determine in accordance with the rules and 
regulations of the department the amount of such assistance 



436 Chapter 202 [1937 

and the date upon which assistance shall begin. The commis- 
sioner shall, however, in all cases, first consult with the proper 
officials of counties or towns hereby required to contribute to 
the cost thereof. The commissioner shall notify the applicant 
of his decision and send a copy thereof to the proper town and 
county officials. 

17. Funeral Expenses. On the death of the recipient 
reasonable funeral expenses may be paid subject to the rules 
and regulations of the department, if the estate of the de- 
ceased is insufficient to pay the same. 

18. Appeal to the Board of Public Welfare. If an applica- 
tion for assistance is not acted upon within a reasonable time 
after the filing of the application, or is denied in whole or in 
part, or an award of assistance is modified or cancelled under 
any provision of this subdivision, the applicant or recipient 
may appeal to the board of public welfare in the manner and 
form prescribed by it. The board, upon its own motion, or up- 
on receipt of an appeal, shall give the applicant or recipient 
reasonable notice and opportunity for a fair hearing. 

19. Recovery. If at any time during the continuance of 
assistance the recipient thereof or the husband or wife of the 
recipient becomes possessed of any property or income in ex- 
cess of the amount stated in the application, it shall be the 
duty of the recipient immediately to notify the commissioner 
of the receipt or possession of such property or income. On 
the death of a recipient of old age assistance, the total amount 
of assistance paid under this subdivision shall be allowed as a 
claim against the estate of such person after reasonable funeral 
expenses and the expenses of administering the estate have 
been paid. No claim shall be imposed against the real estate of 
a recipient of old age assistance while it is occupied as a home 
by a surviving spouse, or against any personal property of less 
than one hundred dollars in value. The federal government 
shall be entitled, as long as required as a condition to federal 
financial participation, to not more than one half of the net 
amount collected from the estate of a recipient of old age 
assistance. 

20. Fraudulent Acts. Whoever knowingly obtains or at- 
tempts to obtain, or aids or abets any person to obtain assist- 
ance, to which he is not entitled, shall be fined not more than 
five hundred dollars or be imprisoned not more than three 



1937] Chapter 202 437 

months, or both, and shall reimburse the state for all assist- 
ance he may have so obtained. 

21. Reimbursements of Fund by Counties and Towns. All 

expenditures in carrying out the purposes of this subdivision 
relative to old age assistance shall be made in the first instance 
from the public assistance fund hereby created but each 
county and town shall, from time to time, reimburse said fund 
for all assistance granted to aged persons for which such 
county or town is liable to the extent of twenty-five per cent 
thereof. 

22. Local Administration. Each county or town shall pay 
all costs incurred by its officials when acting as authorized 
agents of the commissioner under this subdivision. 

23. Public Assistance Fund Created. There is hereby estab- 
lished in the state treasury a public assistance fund which shall 
consist of all funds made available for the purposes of this sub- 
division by the federal government or the state. Within this 
fund there shall be established the following separate ac- 
counts: Aid to the Aged; Blind Assistance and Service; Aid 
to Dependent Children; Child Welfare Services; Aid to Tu- 
berculous Persons; Assistance to the Deaf; Administration 
and Service. The commissioner, with the approval of the 
governor and council, may make transfers of state funds be- 
tween accounts within the fund. Moneys shall be disbursed 
from this fund upon authorization of the commissioner for the 
purposes of this subdivision. (1) All moneys advanced to or 
otherwise placed at the disposal of the state by the federal 
government and accepted by the state under the provisions 
hereof, (2) all moneys received from counties or towns pur- 
suant to the provisions hereof, (3) the sums appropriated for 
the department of public welfare under the act making appro- 
priations for the state for the year ending June 30, 1939, (4) 
any unexpended balance of moneys appropriated for the use of 
the board of welfare and relief, and (5) the moneys heretofore 
or hereinafter appropriated to carry out the provisions of this 
subdivision, shall be kept by the state treasurer in said public 
assistance 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 subdivision and other purposes of the board 
authorized by law. 

24. Appropriation. Amend chapter 167 of the Laws of 



438 Chapter 202 [1937 

1937, the act making appropriations for the state for the year 
ending June 30, 1939, by striking out the paragraph making 
appropriations for welfare and rehef and inserting in place 
thereof the following: For department of public welfare 
$637,310. 

25. Equalization. Should a county or town find that it is 
impossible to pay the amounts required under this subdivision, 
it may file a petition with the department, requesting financial 
aid. The department shall cause an investigation to be made 
of all pertinent factors relating to the financial circumstances 
of the petitioning county or town. The department may, with 
the approval of the governor and council, loan or grant to such 
county or town such amount as may be necessary. 

26. Agencies Abolished. The state board of welfare and 
relief, established by chapter 20, Laws of 1935, and the state 
board of public welfare, established by chapter 108, Public 
Laws, as amended by chapter 177, Laws of 1929, are hereby 
abolished and all properties and records of such boards shall 
be transferred immediately to the department herein created. 
Any balance of funds or appropriations heretofore made avail- 
able to the state board of welfare and relief under chapter 20, 
Laws of 1935, or any other act, shall be available to the depart- 
ment. Any provision of law not expressly repealed hereby re- 
ferring to the state board of public welfare or the state board 
of welfare and relief shall be construed as referring to the de- 
partment of public welfare. 

27. State Veterans' Service Officer. The commissioner 
shall, with the approval of the governor and council, appoint 
and fix the salary of a state veterans' service officer, who shall 
be an honorably discharged veteran of a war in which the 
United States was engaged. He shall serve during the pleas- 
ure of the commissioner. The duties of the state veterans' 
service officer shall be to assist veterans who are residents of 
this state or their dependents to secure all benefits or prefer- 
ences to which they may be entitled under any state or federal 
laws or regulations, and such other duties as may be delegated 
to him by the commissioner. 

28. Voting Rights Not Affected. While federal funds are 
available the receipt of public assistance granted under the 
provisions hereof shall not make the recipient thereof, or any 
member of his family, a pauper within the terms of the elec- 



1937] Chapter 202 439 

tion laws of this state, nor affect his or their civil or political 
status in any way. 

29. Summons of Witnesses. The commissioner or his duly 
authorized agent shall have the power to issue subpoenas for 
witnesses and compel their attendance and the production of 
papers and writings. 

30. Acceptance of Funds. The governor and council are 
hereby authorized on behalf of the state to accept and to apply 
to the carrying out of the purposes of this subdivision 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 purposes of this subdivision. Said funds 
shall be disbursed by the commissioner. 

31. Assignability of Assistance. All assistance given here- 
under shall be inalienable by any assignment or transfer and 
shall be exempt from levy or execution under the laws of this 
state. 

32. 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 commissioner may 
make the payments of such assistance to any responsible per- 
son, guardian or corporation for his benefit. 

33. Assistance, Exclusive. No person receiving old age 
assistance under this subdivision shall at the same time re- 
ceive any other relief from the state, or from any political sub- 
division thereof, except for medical and surgical assistance, 
and the acceptance of such relief shall operate as a revocation 
of old age assistance. The names of persons receiving old age 
assistance under the provisions of this subdivision shall not be 
printed in any report of the county commissioners or of the 
board of public welfare nor published in any state, county or 
town report. 

34. Claims and Liens Against Estates. The total amount 
paid to the recipient of old age assistance under this sub- 
division shall be a lien upon the estate of such recipient. The 
commissioner shall require as a condition to granting old age 
assistance in any case that the applicant submit a properly 
acknowledged agreement to reimburse the federal government, 
the state and the county or town for all assistance granted. In 
such agreement such applicant shall assign as collateral 
security for such assistance such part of his personal property 



440 Chapter 202 [1937 

as the commissioner shall demand. At any time the commis- 
sioner may execute and file with the proper registers of deeds 
and town clerks a certificate showing the amount of assistance 
paid to said person, and when so filed each such certificate 
shall be a legal claim against the said person and his estate and 
shall have the same force and effect as a judgment at law. The 
registers of deeds and town clerks shall keep a suitable record 
of such certificates without charging any fee therefor and en- 
ter thereon an acknowledgment of satisfaction upon receipt of 
notice thereof from the commissioner. All funds recovered 
under these provisions, after any necessary reimbursement to 
the federal government as provided in section 19, shall be allo- 
cated to the county or town and to the state in the same pro- 
portion as the assistance paid by each. 

35. Assignment of Property. If the commissioner shall 
deem it necessary he may require as a condition to the grant or 
continuance of old age assistance in any case that all or any 
part of the property of a person applying for such aid be trans- 
ferred to the board in trust as follows : Such property shall be 
managed by said board and the net income thereof shall be paid 
to such person ; said board shall have the power to sell, lease or 
transfer such property or defend or prosecute all suits concern- 
ing it and to pay all just claims against it and to do all things 
necessary for the protection, preservation and management 
thereof. If the old age assistance of such person is discon- 
tinued 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 old age assistance under this subdivision, 
or the remainder of such property after deducting therefrom 
the sums paid to him as such assistance shall be returned to 
him. In the event of his death, the remainder of such prop- 
erty, after deducting therefrom the sums paid him as old age 
assistance under this subdivision, shall be considered as the 
property of the estate of the beneficiary for administrative 
proceedings. The board shall execute and deliver all necessary 
instruments to give effect to this section. 

36. Legal Proceedings. Any suit, action, petition or other 
legal proceeding to enforce a lien recovering any money or 
property from any recipient of old age assistance or his estate 
shall be instituted and prosecuted in the name of the state of 
New Hampshire, and any recovery shall be for the benefit of 



1937] Chapter 202 441 

and, after any necessary reimbursement of the federal govern- 
ment, be allocated and paid to the state and the county or 
town in proportion to the assistance paid. 

37. Reports by Counties and Towns. The counties and 
towns shall, from time to time, make such reports relative to 
direct relief, and shall transfer to said department such rec- 
ords relative to old age assistance and aid to the blind, as the 
board may determine. 

38. Notes Authorized. The state treasurer is hereby au- 
thorized, in the discretion of the governor and council, to 
borrow upon the credit of the state the sum of seven hundred 
and fifty thousand dollars ($750,000) for the fiscal year end- 
ing June 30, 1939, and for that purpose may issue notes in the 
name of, and on behalf of, the state at the lowest rate of inter- 
est obtainable, in such form, such denominations, and at such 
times as the governor and council may determine. Such notes 
shall mature not later than June 30, 1939. 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 gover- 
nor, showing the number and amount of each note, the time of 
countersigning, the time when payable and date of delivery 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 treasurer may nego- 
tiate and sell such notes by direction of the governor and coun- 
cil in such manner as they may determine most advantageous 
to the state. The money received from the sale of notes author- 
ized by this section shall be transferred by the state treasurer 
to the general funds of the state to be used for general ex- 
penditures of the state. 

39. Amendment. Amend section 19 of chapter 378 of the 
Public Laws by striking out said section and inserting in place 
thereof the following: 19. Giving Liquor to One Receiving 
Assistance, etc. No person shall give or otherwise furnish to 
a person receiving public assistance or to a person committed 
to a house of correction any spirituous liquor, except by per- 
mission of the keeper thereof ; nor to a spendthrift or idle per- 
son under guardianship, except by permission of his guardian, 
nor to any minor. 



442 Chapter 202 [1937 

40. Repeal. The following laws are hereby repealed : (1) 
Sections 1 to 6, inclusive, and section 8 of chapter 108 of the 
Public Laws, as amended by chapter 177, Laws of 1929 and 
chapter 148 of the Laws of 1929, section 13 of said chapter 
108, as inserted by chapter 145, Laws of 1929, and amended by 
chapter 122, Laws of 1935, sections 14 and 14-a of said chap- 
ter 108 as inserted by chapter 145 of the Laws of 1929 and 
chapter 106 of the Laws of 1931, as amended by chapter 122, 
Laws of 1935, and sections 16, 17 and 18 of said chapter 108 as 
inserted by chapter 103, Laws of 1935 ; (2) section 4 of chap- 
ter 109 of the Public Laws ; (3) chapter 91 of the Laws of 1931 
and chapter 79 of the Laws of 1933, relative to interstate 
transportation of poor and indigent persons ; (4) chapter 127 
of the Laws of 1935, relative to aid to the aged ; (5) sections 9 
to 17, inclusive, of chapter 115 of the Public Laws, as amended 
by chapter 137 of the Laws of 1935, relative to county aid to 
the blind; and (6) sections 2 to 6, inclusive, of chapter 106 of 
the Public Laws, relative to binding out of children. 

41. Takes Effect. The provisions of this subdivision shall 
take effect July 1, 1938. 

State Board of Welfare and Relief 

42. Extension of Act. Amend section 24 of chapter 20 of 
the Laws of 1935, as amended by chapters 146, 177 and 185 of 
the Laws of 1937, by striking out the same and inserting in 
place thereof the following: 24. Duration of Act; Appoint- 
ment of Board. The provisions of this act shall terminate 
June 30, 1938 ; except that the term of the incumbents of the 
present state board of welfare and relief shall expire 
August 31, 1937, and the governor with the advice and consent 
of the council shall appoint three members of said board for the 
period from August 31, 1937, to June 30, 1938. 

43. Grants for Direct Relief. Amend section 9 of chapter 
20 of the Laws of 1935 by striking out the same and inserting 
in place thereof the following: 9. Grants to Towns, Cities 
and Counties. The governor and council upon order of the 
director of relief approved by the comptroller are hereby au- 
thorized 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 money expended 
by them for direct relief to the extent of twenty per cent of the 



1937] Chapter 202 443 

amount expended by said counties, cities and towns; provided 
that no reimbursement shall be made on account of salaries, 
compensation or expenses of any county, city or town official 
elected or appointed under this act or any existing statute or 
ordinance. Provided, further, that the total of all grants or 
reimbursements out of state funds to said counties, cities and 
towns shall not exceed the sum of six hundred thousand dollars 
as provided in section 16-a hereof, and provided 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 dur- 
ing the duration of this act, when it shall appear that the 
funds provided in section 16-a hereof will not be sufficient to 
make grants or reimbursements to the extent of twenty per 
cent of the amount expended by said counties, cities and towns. 

44. Direct Relief. Amend said chapter 20 by inserting 
after section 16 the following new section: 16-a. Appropria- 
tion. For the purpose of supplying the funds for carrying out 
the purposes of this act, for the fiscal year ending June 30, 
1938, relative to the state's contributions for poor relief there 
is hereby appropriated the sum of six hundred thousand dollars 
($600,000). The governor is authorized to draw his warrant 
for said sum out of any money in the treasury not otherwise 
appropriated. 

45. Emergency Relief Fund. Amend said chapter 20 by in- 
serting after section 16-a as inserted by the preceding section 
the following new section: 16-b. Disposition of. The ap- 
propriation as provided in section 16-a shall be held by the 
state treasurer to the credit of a special fund 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. 

46. Rate of Reimbursement. Amend section 7 of chapter 
127 of the Laws of 1935 by striking out said section and insert- 
ing in place thereof the following: 7. Old Age Assistance. 
The counties, cities and towns shall keep such records and ac- 
counts in relation to old age assistance as the state board of 
welfare and relief shall prescribe. The state, within the appro- 
priation as provided in section 25, shall reimburse each county, 
city and town to the extent of not to exceed twenty-five per 
cent of the amount expended for assistance for each aged per- 
son which has been granted under the provisions of this act 



444 Chapter 202 [1937 

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 assist- 
ance. Claims for reimbursement shall be presented by the 
respective counties, cities and towns to the state board of wel- 
fare and relief at such times and in such manner as said board 
may prescribe. 

47. Old Age Assistance. Amend section 25 of said chapter 
127 by striking out the same and inserting in place thereof the 
following: 25. Appropriation. There is hereby appropriated 
from the moneys in the state treasury not otherwise appro- 
priated for the use of the state board of welfare and relief for 
the purpose of paying the state's contribution to old age as- 
sistance and state administration under this act, the sum of 
three hundred thousand dollars. 

48. Bonds and Notes Authorized. In order to provide 
funds for the use of the state for general purposes the state 
treasurer is hereby authorized to borrow from time to 
time such sum or sums, not exceeding nine hundred 
thousand dollars ($900,000) as the governor with the 
advice and consent of the council may approve and for that 
purpose may issue bonds and notes in the name and on behalf 
of the state. Such bonds and 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, provided that 
the maturity date of bonds and notes to the amount of seven 
hundred thousand dollars ($700,000) shall not be later than 
June 30, 1938. Said bonds and notes shall be countersigned by 
the governor and shall be deemed a pledge of the faith and 
credit of the state. The state treasurer may negotiate and 
sell such bonds and notes by direction of, and in such manner 
as, the governor and council deem most advantageous to the 
state. 

49. Accounts. The secretary of state shall keep an account 
of all such bonds and notes countersigned by the governor, 
showing the number and amount of each bond 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 



1937] Chapter 203 445 

name of the person to whom sold, the amount received for the 
same, the date of the sale and the date of maturity. 

50. Disposition of Proceeds. The proceeds of the sale of the 
bonds and notes authorized in section 48 shall be paid into the 
general funds of the state for use for payment of general ex- 
penditures of the state. 

51. Takes Effect. The provisions of this subdivision shall 
take effect August 31, 1937. 

[Approved August 20, 1937.] 



CHAPTER 203. 



AN ACT RELATING TO SUMMER REGISTRATION OF MOTOR 

VEHICLES. 



Section 
2. Takes effect. 



Section 

I. Summer registration for motor 
vehicles of non-residents. 

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

1. Motor Vehicles of Non-residents. Amend chapter 102 
of the Public Laws by inserting after section 3 the following 
new section: 3-a. Summer Registration and Fees. A non- 
resident owner of a motor vehicle, which is used solely for 
pleasure and is not used for commercial purposes and which 
has not been registered for the current year in the state, dis- 
trict or country of which the owner is a resident, may register 
such vehicle for use on the highways of this state during the 
months of June, July, August and September, or any part of 
such period, in any year upon the payment of one-half the fore- 
going registration fees and one-half the permit fees required 
by chapter 100. The motor vehicle commissioner shall issue 
appropriate plates under such registration so designed as to 
be readily distinguishable from regular number plates. 

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

[Approved August 20, 1937.] 



446 Chapter 204 [1937 

CHAPTER 204. 

AN ACT RELATIVE TO THE TAXATION OF LEGACIES AND 

SUCCESSIONS. 



Section 
2. Takes effect. 



Section 

1. Taxation of legacies and suc- 
cessions. 

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

1. Taxation of Legacies and Successions. Amend section 
1, of chapter 72 of the Pubhc Laws, as amended by chapter 130 
of the Laws of 1935, by striking out the whole thereof and in- 
serting in place thereof the following: 1. Taxable Property; 
Rate. All property within the jurisdiction of the state, real 
or personal, and any interest therein, belonging to inhabitants 
of the state, and all real estate within the state, or any inter- 
est therein, belonging to persons who are not inhabitants of 
the state, which shall pass by will, or by the laws regulating 
intestate succession, or by deed, grant, bargain, sale or gift, 
made in contemplation of death, or made or intended to take 
effect in possession or enjoyment at or after the death of the 
grantor or donor, to any person, absolutely or in trust, except 
to or for the use of the husband, wife, lineal descendant, or 
adopted child of a decedent, or for the care of cemetery lots, 
or to a city or town in this state for public purposes, shall be 
subject to a tax of eight and one-half per cent of its value, for 
the use of the state. 

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

[Approved August 20, 1937.] 



1937] 



Chapter 205 



447 



CHAPTER 205. 

AN ACT CREATING A RETIREMENT SYSTEM. 



Section 


Sec 


1. 


Definitions. 


12. 


2. 


Teachers' retirement system. 


13. 


3. 


Teachers' retirement board. 


14. 


4. 


Teachers retirement associa- 


15. 




tion. 


16. 


5. 


Organization. 


17. 


6. 


General duties of teachers' re- 
tirement board. 


18. 


7. 


Administrative duties of board. 


19. 


8. 


Annuity fund. 


20. 


9. 


Payments, how credited. 


21. 


10. 


Reserve fund. 


22. 


11. 


Retirement. 





Reinstatement of member. 
Retirement allowances. 
Death or disability. 
Resignation or dismissal. 
Exemptions. 

Administration of funds. 
Supervision of retirement sys- 
tem. 
Audit of accounts. 
Appropriation. 
Inconsistent acts. 
Takes effect. 



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

1. Definitions. The following words and phrases used in 
this act shall have the following meanings : 

I. "Teacher" shall mean any teacher or principal regu- 
larly employed in public schools. It shall not include superin- 
tendents. 

II. "Public school" shall mean any day kindergarten, 
graded or high school conducted within that part of the state 
in which this act is effective, as herein set forth, and 
supported in whole or in part by public taxation. 

III. "Year" shall mean "school year" as defined by the 
laws of the state in force at the time the service in question 
was rendered. 

IV. "Interest," unless herein otherwise provided, shall 
mean interest compounded semi-annually at such rate as shall 
be determined by the retirement board. 

V. Whenever the word "he" appears, it shall be taken to 
mean either male or female. 

VI. "Retirement system area" shall mean that part of 
the state in which the retirement system is in effect. 

2. Teachers' Retirement System. I. In recognition of the 
public service rendered by the teachers in the public schools of 
this state, and as additional compensation to such teachers as 
avail themselves of the provisions of this act, the state of New 
Hampshire agrees to pay on June 30, 1938, the sum of ten 
thousand dollars, and on June thirtieth of each year thereafter 
the sum of twenty thousand dollars to the teachers' retire- 



448 Chapter 205 [1937 

ment board hereinafter created, for the purposes hereinafter 
stated. 

II. The retirement system hereby created shall be in 
effect throughout the state except in such districts as have al- 
ready adopted some form of a teachers' retirement system, and 
shall be in effect in such districts upon the adoption of a reso- 
lution therefor by vote of such district. 

3. Teachers' Retirement Board. The administration of the 
retirement system hereby created is hereby vested in a board 
to be known as the teachers' retirement board consisting of five 
members as follows : The bank commissioner, the commissioner 
of education, the state treasurer, and two members appointed 
by the governor and council in the manner hereinafter pro- 
vided. The members of said association shall select from their 
number six persons from whom the governor and council shall 
appoint the two members hereinbefore referred to. One of 
said members shall serve for two years and the other shall serve 
for one year; and thereafter the members of the retirement 
association shall nominate annually from their number, in a 
manner approved by the retirement board, three persons from 
whom the governor and council shall appoint one to serve upon 
said board for the term of two years. Until the organization 
of the retirement association and the appointment of two mem- 
bers thereof to membership on the retirement board, the pre- 
liminary board is hereby empowered to perform all the duties 
of said retirement board. When a vacancy occurs in the re- 
tirement board by reason of death, resignation or inability to 
serve, of either of the members appointed by the governor and 
council, such vacancy shall be filled by the governor and coun- 
cil by the appointment of a member of the retirement associa- 
tion, to serve for such unexpired term. The members of the 
retirement board shall serve without compensation, but shall 
be reimbursed for actual and necessary travelling and other ex- 
penses and disbursements incurred or made by them in the dis- 
charge of their official duties. 

4. Teachers' Retirement Association. All teachers in the 
public schools in the retirement system area who make appli- 
cation to the teachers' retirement board and agree to abide by 
such rules and regulations as it may prescribe, are hereby con- 
stituted the New Hampshire Teachers' Retirement Associa- 
tion. 



1937] Chapter 205 449 

5. Organization. The New Hampshire teachers' retire- 
ment association shall, as soon as may be after January first, 
nineteen hundred and thirty-eight, adopt such form of organi- 
zation as shall be prescribed by the bank commissioner, the 
commissioner of education and the state treasurer acting as a 
preliminary board, and thereafter shall maintain such form of 
organization with such modifications thereof as may be adopted 
from time to time by the members of the association with the 
approval of the retirement board. 

6. General Duties of Teachers' Retirement Board. The re- 
tirement board shall supervise the payment of annuities and 
such other payments or expenditures as are authorized by this 
act, and shall perform such other functions in connection 
therewith as are necessary to accomplish the purposes of this 
act; and to that end said board shall make by-laws and regu- 
lations not inconsistent with the provisions of this act. It shall 
employ a secretary at a salary approved by said retirement 
board, whose duty it shall be to keep a record of all its pro- 
ceedings, and to perform such services as may be required by 
said retirement board. 

7. Administrative Duties of Teachers' Retirement Board. 
The retirement board shall adopt mortality tables for the re- 
tirement system hereby created, and shall determine what 
rates of interest shall be established in connection with such 
tables or otherwise, under the provisions hereof. Said board 
may modify such mortality tables, or adopt others, and may 
change rates of interest once established, but shall not impair 
the vested rights hereunder of any member of the retirement 
association without the assent of such member. Said board 
shall establish and maintain, under competent actuarial ad- 
vice, a complete system of records and accounting. Expenses 
of administration, including necessary expenses of the mem- 
bers of the retirement board shall be paid from the fund here- 
inafter appropriated therefor, 

8. Annuity Fund. The annuities hereinafter provided for 
shall be paid by the retirement board from a fund to be known 
as the annuity fund which shall be constituted as follows: 

I. Each member of the retirement association shall pay 
annually to the retirement board for the annuity fund under 
regulations prescribed by said board such percentage of his 
salary as may be determined by said board within the limits 



450 Chapter 205 [1937 

hereinafter prescribed. The rate of assessment for each 
school year, except as hereinafter provided, which shall not be 
more than five per cent of each member's salary, shall be 
established by the retirement board on or before August 
fifteenth in each year, and notice thereof shall be given all 
members of the retirement association in such manner as the 
retirement board shall prescribe. Such rate of assessment 
shall be uniform, at any given time, for all members of the re- 
tirement association ; provided, however, that no member shall 
in any one year pay to said board less than twenty-five dollars 
nor more than one hundred dollars, and provided further 
that the first assessment under this act shall be established by 
the board on or before March 15, 1938, and shall be one-half 
the amount of a total year's assessment. 

XL Any member of the retirement association, who an- 
nually for thirty years shall have paid his regular assessments 
to said board, as above provided, shall be exempt from further 
payments, but such member, if he so elects, may thereafter 
continue to make payments to said board. 

III. The retirement board shall deposit annually in the an- 
nuity fund from the money paid to it by the state an amount 
equal to the annual payment of each member of the associa- 
tion, but not exceeding one hundred dollars for any such mem- 
ber; provided, however, that said board shall not deposit to the 
credit of any one member more than thirty such payments 
from the money paid to said board by the state. Nor shall the 
total payments made by the state in any one year together with 
any administrative expenses, exceed the sum of twenty thou- 
sand dollars appropriated in this act. 

9. Payments, How Credited. The payments made by the 
members of the retirement association to the retirement board 
shall be credited as made by such members severally in indi- 
vidual accounts, and at the same time each member so paying 
shall be credited individually with a like amount as the pay- 
ment of the state. Members shall also be credited with inter- 
est on their several payments as well as the payments made by 
the state as aforesaid, at a rate determined by the said board. 

10. Reserve Fund. The retirement board shall create a 
reserve fund to which shall be credited all gifts and receipts 
from sources other than payments by members of the associa- 
tion and the state, transfers from the annuity fund of pay- 



1937] Chapter 205 451 

ments made by the state as provided in section 15, and such 
surplus from interest, savings or otherwise as said board may 
determine, which fund shall be maintained and used, in the dis- 
cretion of said board, for unforeseen contingencies, expenses 
of administration, or any other purposes within the scope of 
this act. 

11. Retirement. Any member of the retirement associa- 
tion is entitled to the benefits of this act and may retire from 
service in the public schools without forfeiting any of the bene- 
fits of this retirement system, provided he has (1) served any- 
where as a public school teacher for a period of thirty years, 
of which twenty years shall have been in this state, provided 
that the last five years of teaching preceding retirement shall 
have been in the retirement system area, and attained the age 
of sixty years, if a woman, and sixty-five years, if a man, (2) 
served as provided in (1) without attaining the age therein 
specified, is incapable of further rendering satisfactory serv- 
ice, and provided his retirement is approved by the retirement 
board. 

12. Reinstatement of Member. Any member of the retire- 
ment association who shall have withdrawn from service in the 
public schools of the retirement system area may, on being re- 
employed in the said area, be reinstated in said association up- 
on such terms and conditions as shall be prescribed by the re- 
tirement board. 

13. Retirement Allowances. Except as otherwise pro- 
vided, a member of the retirement association, who shall have 
retired from service in the public schools of the retirement sys- 
tem area, and who shall have complied with all the provisions 
of this act and with the rules and regulations of the retirement 
board shall be entitled to receive from said board (1) such an- 
nuity as his payments to said board, together with the pay- 
ments made thereto for his account by the state, with inter- 
est thereon, will purchase on the basis of the mortality table 
adopted by said board at an interest rate determined by it, or 
(2) at his option, he shall be entitled to receive an annuity of 
less amount, as may be determined by said board for an- 
nuitants selecting such options, with the provision that if such 
annuitant dies before receiving payments equal to the sum of 
his payments and the payments of the state to said board for 
his account with interest, the difference between the total pay- 



452 Chapter 205 [1937 

ments to such annuitant and the total payments by such an- 
nuitant and by the state with interest, shall be paid to such per- 
son as may be designated by such annuitant in a manner ap- 
proved by the retirement board, otherwise to such annuitant's 
legal representative, subject to such reasonable rules and regu- 
lations as said board may prescribe. 

14. Allowance in Case of Death or Disability. A member 
of the retirement association who shall have been an active 
member at least six years, and who shall have become totally 
and permanently disabled to teach, as determined, after ex- 
amination by approved physicians, by the retirement board, 
shall receive an annuity based upon the accumulation of his 
payments and the payments of the state, with interest, calcu- 
lated on the basis of the mortality table adopted by said board, 
with such additional allowance from the reserve fund, as said 
board, in its discretion, shall deem equitable, the same being 
limited by his earning capacity in other occupations, such addi- 
tional allowance to be continued so long and in such amount as 
said board may determine ; provided, however, that in no event 
shall the total sum received annually by such member under 
this section, including his annuity and the individual allowance 
provided for, exceed one-half of his average annual salary 
throughout his entire period of service as determined by said 
board. If such disabled member shall die before receiving in 
the form of an annuity all of the accumulations up to the time 
of his disability from his own and the state's annual payments 
into his account, the balance shall be paid to his legal represen- 
tative, or to such person as he may elect, subject to such rules 
and regulations as may be prescribed by the retirement board. 

15. Allowance in Case of Resignation or Dismissal. I. 
Any member of the retirement association withdrawing from 
service in the public schools of the retirement system area by 
resignation or dismissal, or upon resigning from the retire- 
ment association, before becoming eligible to retirement, shall 
be entitled to receive from the retirement board all payments 
made thereto by him with interest. 

II. Payments returned as above provided shall be made 
in lump sums or in installments as such member may elect, 
subject, however, to such reasonable rules and regulations as 
may be prescribed by said board. 

III. In case of resignation or dismissal of a member as 



1937] Chapter 205 453 

specified under I above, the payments made by the state, with 
the interest thereon, shall be transferred by said board to the 
reserve fund. 

16. Exemptions. The payments made by a member and 
the state under this act, the right of a member to an annuity 
or allowance hereunder, and all his right in the annuity fund 
shall be exempt from taxation and from the operation of any 
laws relating to insolvency or bankruptcy, and shall not be at- 
tached or taken upon execution or other process of court. No 
assignment by a member of any part of such fund to which he 
is or may be entitled, or of any right to or interest in such 
fund, shall be valid unless approved by the retirement board. 

17. Administration of Funds. I. All funds paid to the re- 
tirement board shall forthwith be remitted by said board to the 
state treasurer. Such funds as are not required for current 
disbursements shall be invested and reinvested by the board in 
accordance with the laws of the state governing the invest- 
ments of savings banks. 

II. The state treasurer shall make such payments to the 
members of the retirement association from the annuity fund 
as the retirement board shall order to be paid in accordance 
with the provisions thereof. 

III. On or before the first day of August in each year, 
the state treasurer shall file with the bank commissioner and 
with the secretary of the retirement board a sworn statement 
exhibiting the financial condition of the annuity and reserve 
funds on the thirtieth day of June of each year, and the finan- 
cial transactions of the retirement board for the year ending 
on such date. Such statement shall be in the form prescribed 
by said board, and shall be published with the report of the 
state treasurer. 

18. Supervision of Retirement System. The retirement 
board shall cause the retirement system hereby established to 
be examined by a competent actuary or actuaries once in every 
three years, and oftener, if by it deemed necessary, and may 
consult an actuary at any time. 

19. Audit of Accounts. The accounts of the retirement 
board and the books and accounts of the state treasurer 
as custodian of the funds of the retirement board, and the cash 
and securities in his hands representing such funds, shall be 
examined and audited annually at the time and in the manner 



454 Chapter 206 [1937 

prescribed for the annual audit of the accounts and funds of 
the state treasurer. 

20. Appropriation. To provide funds for the purposes of 
this act there is appropriated to be paid out of the treasury of 
the state for the period from January 1, 1938, to June 30, 
1938, the sum of ten thousand dollars and for the fiscal year 
ending June 30, 1939, the sum of twenty thousand dollars. 

21. Inconsistent Acts. All sections of the Public Laws of 
the state of New Hampshire and amendments thereto incon- 
sistent with this act are hereby repealed but this act shall not 
repeal any special act of said state enabling any district to pro- 
vide for the retirement of its teachers. 

22. Takes Effect. This act shall take effect on January 1, 
1938. 

[Approved August 20, 1937.] 



CHAPTER 206. 



AN ACT RELATIVE TO CLERK HIRE IN THE OFFICES OF THE 
COMMISSIONERS OF HILLSBOROUGH COUNTY. 



Section 
2. Takes cflfect. 



Section 

\. Clerks, in office of county 
commissioners Hillsborough 
county. I 

Be it enacted by the Senate and House of Re'presentatives in 
General Court convened: 

1. Hillsborough County. Amend section 29 of chapter 38 
of the Public Laws by striking out said section and inserting 
in place thereof the following: 29. Clerks. The commis- 
sioners of Hillsborough county shall employ such number of 
clerks and agents as said commissioners deem necessary. The 
salary of each such clerk shall not exceed twenty-five dollars a 
week, payable weekly. 

2. Takes Effect. This act shall take effect July 1, 1938. 
[Approved August 20, 1937.] 



1937] Chapter 207 455 

CHAPTER 207. 

AN ACT PROVIDING A DEFICIENCY APPROPRIATION FOR CERTAIN 
STATE DEPARTMENTS. 



Section 
3. Takes effect. 



Section 

1. Appropriation. 

2. Lapse ; payment. 

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

1. Appropriation. The sum of two hundred twenty-four 
thousand five hundred seventeen dollars and ninety-five cents 
($224,517.95), is hereby appropriated to meet deficits in cer- 
tain state institutions and departments as follows: For the 
fiscal year ending June 30, 1936, for state department, presi- 
dential primary, $5,655.67; Industrial School, $3,634.39; 
Laconia State School, $1,117.40; state hospital, $45,921.90; 
burial of soldiers and sailors, $3,514.50; for the fiscal year end- 
ing June 30, 1937, for state department, Australian ballot, 
$4,534.81; Industrial School, $9,997.16; Laconia State School, 
$1,934.37; state hospital, $71,175.74; state house, $2,375; 
burial of soldiers and sailors, $7,817.25 ; department of agricul- 
ture, division of animal industry, $11,358.50; for legislative 
expenses, $55,481.26. 

2. Lapse; Payment. The appropriations made in section 1 
for the state house and for the department of agriculture, divi- 
sion of animal industry, shall not lapse until September 30, 
1937. The governor is authorized to draw his warrant for the 
sums appropriated in the preceding section out of any money 
in the treasury not otherwise appropriated. 

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

[Approved August 21, 1937.] 



456 Chapter 208 [1937 

CHAPTER 208. 

AN ACT RELATIVE TO SUBSEQUENT SALES OF CERTAIN MOTOR 
VEHICLES INVOLVED IN ACCIDENTS. 



Section 

3. Penalty. 

4. Takes effect. 



Section 

1. Motor vehicle registrations. 

2. Proof required for registra- 

tion. 

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

1. Motor Vehicle Registrations. Amend chapter 161 of 
the Laws of 1937 by adding after section 10 the following new 
section: 10-a. Exceptions. The provisions of section 10 
forbidding the registration in the name of any person of a 
motor vehicle, trailer or semi-trailer shall not apply as against 
any holder of a lien or mortgage upon such vehicle taken be- 
fore the effective date of this act or any person claiming title 
from such lien holder or mortgagee, provided however that 
this exception shall not apply to the owner of such vehicle at 
the time of the accident or any member of his immediate 
family. 

2. Proof Required for Registration. In the application for 
the registration of a motor vehicle under the provisions of 
chapter 100 of the Public Laws the owner or person controlling 
such vehicle shall state whether there is any mortgage or lien 
upon such vehicle or any sum due upon the purchase price 
thereof and if the answer is yes said person must furnish 
proof of financial responsibility under the provisions of chap- 
ter 161 of the Laws of 1937 before such vehicle may be regis- 
tered. 

3. Penalty. Any person who shall make any false state- 
ment in his application for registration of a motor vehicle rela- 
tive to the provisions of the preceding section shall be guilty 
of perjury. 

4. Takes Effect. This act shall take effect September 1, 
1937. 

[Approved August 21, 1937.] 



1937] Chapters 209, 210, 211 457 

CHAPTER 209. 

JOINT KESOLUTION RELATING TO THE CALLING OF A CONSTITU- 
TIONAL CONVENTION. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That at the election in the several towns and cities to be 
holden on the second Tuesday of March 1937, and at a special 
election to be held in the other cities in which a regular elec- 
tion is not at that time held, the selectmen of the several 
towns and the officers of the several cities, who are by law re- 
quired to warn meetings for elections, be directed to insert in 
their warrants calling such meetings and elections an article 
which requires the sense of the qualified voters to be taken up- 
on the following question, to wit: Is it expedient to revise 
the constitution? And the several clerks of such towns and 
cities are directed to make due return of their respective towns 
and cities to the legislature on or before the twenty-third day 
of March 1937. 

[Approved February 17, 1937.] 



CHAPTER 210. 

JOINT RESOLUTION IN FAVOR OF CLARENCE A. Vi^ARDWELL ESTATE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer is hereby authorized and directed 
to pay to Clarence A. Wardwell estate, the full salary due 
Clarence A. Wardwell, late of Keene, as a member of the house 
of representatives. 

[Approved February 17, 1937.] 



CHAPTER 211. 

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 allowed 
the sum of twenty-seven dollars; that Wallace Thompson be 



458 Chapters 212, 213 [1937 

allowed the sum of eight dollars; that Harold Fournier be al- 
lowed the sum of twelve dollars ; that Edwin Jones be allowed 
the sum of eight dollars ; that George Simpson be allowed the 
sum of eight dollars ; that Ross Sanborn be allowed the sum of 
eight dollars; that Patrick H. O'Neil be allowed the sum of 
twelve dollars ; that Clarence J. R. Hunter be allowed the sum 
of five dollars ; that Henry J. H. Parent be allowed the sum of 
five dollars; that George J. O'Neil be allowed the sum of five 
dollars ; that Daniel Welch be allowed the sum of eight dollars ; 
that Oscar Ronn be allowed the sum of eight dollars ; that Alice 
V. Flanders be allowed the sum of eight dollars; that Ray- 
mond B. Lakeman be allowed the sum of twenty-seven dollars ; 
that Benjamin H. Bragg be allowed the sum of four dollars; 
that William W. Allen be allowed the sum of twelve dollars; 
that Martin C. Ryan be allowed the sum of fifty-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 February 25, 1937.] 



CHAPTER 212. 



JOINT RESOLUTION IN FAVOR OF ESTATE OF THEODORE 0. 
RAVENELLE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer is hereby authorized and directed 
to pay to the estate of Theodore 0. Ravenelle, late of Nashua, 
the full salary due said decedent as a member of the house of 
representatives. 

[Approved March 11, 1937.] 



CHAPTER 213. 



JOINT RESOLUTION IN FAVOR OF THE NEW HAMPSHIRE VETERANS' 

ASSOCIATION. 

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, 



1937] Chapter 214 459 

1938, and the same amount for the fiscal year ending June 30, 

1939, for necessary repairs on any building-s owned by the 
New Hampshire Veterans' Association at The Weirs. Said 
appropriation 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 March 18, 1937.] 



CHAPTER 214. 



JOINT RESOLUTION RELATING TO PAYMENT OF BONUS IN 

RECOGNITION OF WAR SERVICE OF RESIDENTS OF NEW 

HAMPSHIRE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three thousand and ninety dollars ($3,090) 
is hereby appropriated for the payment of bonus to those resi- 
dents 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 Laws 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 adjutant-general as entitled thereto or to the legal 
representatives or heirs of such as have died. The sum here- 
in appropriated shall be a charge upon the unexpended balance 
of the fund provided for by chapter 140 of the Laws of 1919 
and chapter 1 of the Laws of the special session of 1919. 

[Approved March 25, 1937.] 



460 Chapter 215 [1937 

CHAPTER 215. 

JOINT RESOLUTION AUTHORIZING THE APPOINTMENT OF A 

COMMITTEE TO INVESTIGATE THE ADVISABILITY OP 

HAVING AN EXHIBIT FOR THE STATE OF NEW 

HAMPSHIRE AT THE NEW YORK WORLD'S 

FAIR, 1939. 

WHEREAS, in 1939 will be held the World's Fair in New 
York City, New York, at which His Excellency Herbert Leh- 
man, Governor of New York, has requested the state of New 
Hampshire to participate to the extent of exhibiting the re- 
sources, industries, recreational attractions, products and gen- 
eral development of this state, and 

Wherel^s, other states are to participate in response to 
similar invitations, be it therefore 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the governor be and hereby is authorized to appoint a 
committee of five members representing the agricultural, com- 
mercial, educational, industrial and recreational interests of 
New Hampshire, to investigate and make a report to the gov- 
ernor and council on the desirability of exhibiting the re- 
sources, industry, recreational attractions, products and gen- 
eral development of the state at the New York World's Fair, 
1939, and to recommend ways and means to attain that pur- 
pose, should participation by the state be deemed advisable. 
All members of said committee shall serve without compensa- 
tion. A sum not exceeding two hundred and fifty dollars is 
hereby appropriated to pay the necessary expenses of said 
committee, and the governor is authorized to draw his war- 
rant for said sum out of any money in the treasury not other- 
wise appropriated. 

[Approved March 25, 1937.] 



1937] Chapters 216, 217, 218 461 

CHAPTER 216. 

JOINT RESOLUTION PROVIDING FOR THE REPRINTING OF THE LAWS 

OF 1927. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the secretary of state be and hereby is directed to 
cause to be printed six hundred additional copies of the Laws 
of 1927, four hundred of which shall be bound. The cost of 
the printing hereby authorized shall be a charge not to exceed 
one thousand dollars upon the appropriation for legislative 
expense. 

[Approved March 25, 1937.] 



CHAPTER 217. 



JOINT RESOLUTION PROVIDING FOR MARKING A MONUMENT IN 
CEMETERY IN HUDSON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of twenty-five dollars ($25) be and the same 
is hereby appropriated for marking the monument of James 
W. B. Smith and wife in Westview Cemetery in Hudson ; the 
estate of said James W. B. Smith having been acquired by the 
state. The governor is hereby authorized to draw his war- 
rant for said sum out of any money in the treasury not other- 
wise appropriated. 

[Approved March 30, 1937.] 



CHAPTER 218. 

joint resolution in favor OF RUTH R. LEWIS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer be directed to pay to Ruth R. 
Lewis, widow of the late Herbert S. Lewis of Littleton, the 
balance of salary due said decedent as a member of the house 
of representatives. 

[Approved March 30, 1937.] 



462 Chapters 219, 220 [1937 

CHAPTER 219. 

JOINT RESOLUTION RELATIVE TO A COMMISSION FOR INVESTIGA- 
TION OF THE PURCHASE OF SCHOOL SUPPLIES. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the governor be and hereby is empowered to appoint 
a commission to consist of the commissioner of education and 
two other residents of the state to inquire as to the savings 
that can be made by the centraUzed purchase of school 
supplies, and the best methods of securing these savings. The 
members of said commission shall serve without pay and shall 
make a report of their findings and recommendations to this 
session of the legislature. 

[Approved March 30, 1937.] 



CHAPTER 220. 



JOINT RESOLUTION RELATIVE TO THE ESTATE OF MARY E. 

GARDNER. 

Whereas it appears that upon settlement of the estate of 
Mary E. Gardner, late of Newport, in the county of Sullivan 
and state of New Hampshire, deceased, a balance of $6,763.78 
remained undistributed in the hands of John W. McCrillis, ad- 
ministrator, that the said Mary E. Gardner died June 26, 
1930, that upon a petition alleging there were no known heirs 
of the said Mary E. Gardner said administrator was authorized 
by the probate court for said county on March 28, 1934, to pay 
said sum to the state treasurer, and did thereafter so pay the 
same, all by virtue of chapter 307, sections 7 and 8, of the 
Public Laws; and 

Whereas it now appears that there are heirs-at-law of the 
said Mary E. Gardner; now therefore 

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 hearing or hearings any person 
interested may appear and present proof that he is an heir-at- 
law of the said Mary E. Gardner; and if such claims, or any 
thereof, shall be established, the treasurer of the state of New 



1937] Chapter 221 468 

Hampshire shall be ordered by the judge of probate for the 
county of Sullivan aforesaid to pay said sum, together with 
the accumulations thereon, and additions thereto, if any, less 
five per cent of the total amount thereof, being the legacy and 
succession tax thereon, and also less five per cent of the ap- 
praised value of the real estate hereafter mentioned, being the 
legacy and succession taxes thereon, to such heirs in the 
several amounts to which the said judge of probate shall find 
them entitled. When and if it shall be determined by said 
judge of probate that the said Mary E. Gardner was survived 
by heirs-at-law all rights of the state in and to any real estate 
which the said Mary E. Gardner owned at the time of her 
death shall be deemed relinquished to such heirs-at-law, and it 
is hereby declared that if it shall be so found the state does not 
and will not claim such real estate. 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, who, 
upon receipt thereof, shall act upon the same forthwith. 
[Approved April 13, 1937.] 



CHAPTER 221. 



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 represen- 
tatives of industry in this state. Its investigation shall in- 
clude a study of the types, frequency and causes of such dis- 
eases in this state, the severity and length of the disability oc- 
casioned 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 April 13, 1937.] 



464 Chapters 222, 223, 224 [1937 

CHAPTER 222. 

JOINT RESOLUTION TO REIMBURSE THE TOWN OF LYME FOR 1936 

FLOOD DAMAGE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand two hundred and eleven dol- 
lars and eighty-two cents ($2,211.82) be and hereby is appro- 
priated to reimburse the town of Lyme for moneys paid out by 
said town in repairing the damage done to the bridge across 
the Connecticut river from said town to North Thetford, Ver- 
mont, by the floods of March, 1936. This appropriation shall 
be a charge on the flood funds established by chapter 1 of the 
Laws of the special session of 1936, and relieve the town from 
any expense incurred for the repairs to this bridge. 

[Approved April 15, 1937.] 



CHAPTER 223. 

JOINT RESOLUTION IN FAVOR OF ALICE SPEAR SMALL. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer is hereby authorized and directed 
to pay to Alice Spear Small, widow of Ernest W. Small, late of 
Meredith, the full salary due said decedent as a member of the 
house of representatives. 

[Approved April 21, 1937.] 



CHAPTER 224. 

JOINT RESOLUTION IN FAVOR OF MRS. WALLACE S. THOMPSON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer is hereby authorized and directed 
to pay to Mrs. Wallace S. Thompson, widow of Wallace S. 
Thompson, the sum of one hundred ninety-one dollars and 
forty cents ($191.40) in full for services and mileage due said 
decedent as an attache of the house of representatives. 

[Approved April 21, 1937.] 



1937] Chapters 225, 226 465 

CHAPTER 225. 

JOINT RESOLUTION IN FAVOR OF LUCIEN WORTHEN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of six hundred seventy-eight dollars and 
fifty cents ($678.50) be and hereby is allowed and paid to 
Lucien Worthen of New London, in the county of Merrimack 
in said state, for compensation, arising from injuries 
sustained by him while working on a snow plow for the high- 
way department, December 28, 1934 and the sum of ten 
dollars ($10) be allowed and paid to James B. Worthen, the 
sum of one hundred seventy-four dollars and fifty cents 
($174.50) be allowed and paid to Dr. William Clough, and the 
sum of one hundred thirty-seven dollars ($137) be allowed 
and paid to the New London Hospital, for medical and hospi- 
tal services in connection with said injuries. The sums 
appropriated by the state shall be a charge upon the highway 
funds, and it shall be in full settlement of claim. 

[Approved April 27, 1937.] 



CHAPTER 226. 

JOINT RESOLUTION IN FAVOR OF WALTER TAYLOR AND OTHERS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of forty-eight dollars ($48) be and hereby is 
appropriated to compensate Walter Taylor of the town of 
Thornton for accidental injuries suffered while building a 
state-aid road in the town of Waterville. An additional sum 
of thirty dollars is likewise appropriated to be paid as follows : 
Plymouth Memorial Hospital, nine dollars and seventeen cents 
($9.17) ; Dr. R. P. Middleton of Plymouth, twenty dollars and 
eighty-three cents ($20.83) ; said bills having been contracted 
by said Walter Taylor in said accident. Said sums hereinbe- 
fore appropriated shall be a charge upon the highway funds. 

[Approved April 27, 1937.] 



466 Chapters 227, 228 [1937 

CHAPTER 227. 

JOINT RESOLUTION IN FAVOR OF ROBERT E. SLOANE OF BERLIN. 

Resolved by the Senate and House of Representatives in 
General Court convened : 

That the sum of seventy dollars and eighty cents ($70.80) 
be and the same is hereby appropriated to reimburse Robert E. 
Sloane for travel expense in attending the legislature for the 
weeks ending January 8, 15 and 22, 1937, said sum represent- 
ing mileage of seven hundred and eight miles at ten cents a 
mile; said Robert E. Sloane having held a contested election 
seat until deprived thereof by the legislative action seating 
Raoul Ramsey of Berlin in place of Robert E. Sloane. The 
governor is hereby authorized to draw his warrant for said 
sum out of any money in the treasury not otherwise appro- 
priated. 

[Approved April 27, 1937.] 



CHAPTER 228. 



JOINT RESOLUTION IN FAVOR OF JAMES N. LAWRENCE OF 
CLAREMONT. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of fifty dollars ($50) be and the same is 
hereby allowed James N. Lawrence of Claremont to reimburse 
him for money expended by him in* the repairs made to his 
automobile which was damaged by a truck employed by the 
state highway department on November 16, 1935 at Newbury ; 
and said sum appropriated by the state shall be a charge upon 
the highway funds, and it shall be in full settlement of claim. 

[Approved April 27, 1937.] 



1937] Chapters 229, 230 467 

CHAPTER 229. 

JOINT RESOLUTION IN FAVOR OF THE TOWN OF ERROL. 

Resolved by the Senate and House of Representatives in 
General Court convened : 

That the sum of four thousand six hundred ninety-four 
dollars and ninety-one cents ($4,694.91) be and the same is 
hereby appropriated to reimburse the town of Errol for money 
spent in defending- the town of Errol against a suit brought 
by Wilfred Vidal, administrator of the estate of Bernadette 
Vidal, January 8, 1930, and the sum appropriated shall be a 
charge upon the highway funds. 

[Approved April 29, 1937.] 



CHAPTER 230. 



JOINT RESOLUTION RELATING TO THE NEW ENGLAND COUNCIL 
ADVERTISING FUND. 

WHEREAS, great benefits were secured through the plan 
adopted in 1935 by the New England Council and the gover- 
nors of the six New England States whereby an advertising 
fund of $150,000 was created to more adequately advertise 
the recreational and other advantages of New England, and 

Whereas, this fund was subscribed as follows : $50,000 by 
the New England Council and $100,000 assessed to the six 
New England states on the basis of the amount of recreational 
property in each state; said assessment in the case of New- 
Hampshire having been determined by the research depart- 
ment of the New England Council to be $17,800 and author- 
ized by chapter 260 of the Laws of 1935, and 

Whereas, it has been agreed it is desirable and in the public 
interest to continue said plan of advertising and for New 
Hampshire again to participate, therefore be it 

Resolved by the Senate and Hoiise of Representatives in 
General Court convened: 

That the sum of seventeen thousand eight hundred dollars 
($17,800) is hereby appropriated and shall be paid during the 
fiscal year ending July, 1938, to the treasurer of the New Eng- 
land Council, upon vouchers duly approved by the state plan- 



468 Chapters 231, 232 [1937 

ning and development commission, and a like sum is hereby 
appropriated to be similarly disbursed during the fiscal year 
ending July, 1939, provided (1) the New England Council 
contributes $50,000 and the other New England states 
$82,200, in the aggregate, to said advertising fund ; however, 
if the New England Council and the other New England states 
fail to contribute the amounts specified herein, then the con- 
tribution of New Hampshire shall be proportionately reduced, 
(2) that the New England Council shall, prior to July 1, 1938, 
through its research department, redetermine the amount of 
recreational property in each of the New England states, by 
methods satisfactory to the state planning and development 
commission. The governor is hereby authorized to draw his 
warrant for sums not exceeding said sum of seventeen thou- 
sand eight hundred dollars for each of said years out of any 
money in the treasury not otherwise appropriated. 
[Approved May 4, 1937.] 



CHAPTER 231. 

JOINT RESOLUTION IN FAVOR OF MRS. DAVID PLUMER. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer be and hereby is directed to pay to 
Mrs. David Plumer, widow of David Plumer, representative 
from Alexandria, the balance of salary due said decedent as 
a member of the house of representatives. 

[Approved May 4, 1937.] 



CHAPTER 232. 

JOINT RESOLUTION IN FAVOR OF THE TOWN OF HOLDERNESS. 

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

That the sum of one thousand and fourteen dollars ($1,014) 
be and hereby is appropriated to reimburse the town of Hold- 
erness for expense paid out on account of injuries received by 
S. Charles Kendall while working on the state-aided road in 



1937] Chapters 233, 234 469 

Holderness June 22, 1933. Said sum shall be in full settle- 
ment of said claim and a charge upon the highway funds. 
[Approved May 20, 1937.] 



CHAPTER 233. 

JOINT RESOLUTION IN FAVOR OF HERBERT DOWNING AND OTHERS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of thirty-two dollars ($32) be and hereby is 
appropriated to compensate Herbert Downing of the town of 
Thornton for accidental injuries suffered while building a 
state-aided road in the town of Waterville, provided the sum of 
six dollars and forty cents ($6.40) is paid by the town of 
Waterville. An additional sum of eleven dollars and sixty-seven 
cents ($11.67) is likewise appropriated to be paid to Dr. H. A. 
Cheney of Campton, said bill having been contracted by said 
Herbert Downing in said accident, provided the sum of two 
dollars and thirty-three cents ($2.33) is paid by the town of 
Waterville. Said sums hereinbefore appropriated shall be in 
full settlement of claim by said Herbert Downing for injuries 
received in said accident and shall be a charge upon the high- 
way funds. 

[Approved May 20, 1937.] 



CHAPTER 234. 

JOINT RESOLUTION IN FAVOR OF THE TOWN OF STEWARTSTOWN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand forty-nine dollars and ten 
cents ($2,049.10) be and is hereby appropriated to refund to 
the town of Stewartstown for that portion of its state tax 
paid in the years 1928, 1929, 1930, 1931, 1932, 1933, 1934, 
1935 and 1936 on property found by the United States Su- 
preme Court to be in Vermont and on which refund of its 
local tax must be made. The governor, by and with the advice 



470 Chapters 235, 236 [1937 

of the council, is hereby authorized to draw his warrant for 
such sum out of any money in the treasury not otherwise 
appropriated. 

[Approved June 2, 1937.] 



CHAPTER 235. 



JOINT RESOLUTION APPROPRIATING FUNDS FOR THE PURPOSE OF 
DREDGING A CHANNEL AT ALTON BAY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five thousand dollars ($5,000), or so much 
thereof as may be necessary, is hereby appropriated to be 
used and expended under the direction of the public service 
commission for the purpose of dredging a channel at the south- 
erly end of Alton Bay, so called, in Lake Winnipesaukee, at 
the mouth of Merrymeeting river. The sum hereby appropri- 
ated shall be a charge upon the flood relief funds provided by 
chapter 1, Laws of the special session of 1936. 

[Approved June 2, 1937.] 



CHAPTER 236. 

JOINT RESOLUTION IN FAVOR OF MRS. WILLIAM J. ELSON. 

Resolved by the Senate and House of Representatives in 
General Court convened : 

That the state treasurer be directed to pay to Mrs. William 
J. Elson, widow of the late William J. Elson, the balance of 
salary due said decedent as a member of the house of 
representatives. 

[Approved June 3, 1937.] 



1937] Chapters 237, 238 471 

CHAPTER 237. 

JOINT RESOLUTION FOR THE INSTALLATION OF AUTOMATIC 
SPRINKLER FIRE PROTECTION AT THE STATE HOUSE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five thousand dollars ($5,000) be and here- 
by is appropriated for the purpose of installing in the attic 
space of the state house over the house of representatives, 
senate and in the dome, automatic sprinkler fire protection 
including necessary alarm devices required to connect directly 
to the city of Concord fire department alarm circuits. Said 
sum shall be expended under the direction of the superinten- 
dent of the state house, subject to the approval of the governor 
and council, and the governor is authorized to draw his war- 
rant for said sum on any money in the treasury not otherwise 
appropriated. 

[Approved June 3, 1937.] 



CHAPTER 238. 



JOINT RESOLUTION IN FAVOR OF THE LAFAYETTE ARTILLERY 
COMPANY OF LYNDEBOROUGH. 

Whereas, the legislature has for several years made an 
appropriation for military companies and, 

WHERiEAS, the Lafayette Artillery Company, one of the com- 
panies included in said appropriation did not receive its share 
of said appropriations for the fiscal years ending June 30, 
1935 and June 30, 1936, through failure to apply for the same, 
now therefore, 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two hundred dollars ($200) be and hereby 
is appropriated for the use of the Lafayette Artillery Company 
of Lyndeborough. The governor is hereby authorized to draw 
his warrant for said sum out of any money in the treasury 
not otherwise appropriated. 

[Approved June 17, 1937.] 



472 Chapters 239, 240, 241 [1937 

CHAPTER 239. 

JOINT RESOLUTION IN FAVOR OF PETER LAJOIE. 

Resolved by the Senate and House of Representatives in, 
General Court convened: 

That the sum of three hundred and ten dollars ($310) be 
and hereby is appropriated in favor of Peter LaJoie to reim- 
burse him for expenses sustained by him as a result of acci- 
dental injury occasioned by alleged negligence of employees 
of the state highway department, while he was traveling along 
the state highway in the town of Colebrook on October 24, 
1931. Said sum shall be a charge upon the highway funds, 
and shall be in full settlement of the claim. 

[Approved June 17, 1937.] 



CHAPTER 240. 

JOINT RESOLUTION IN FAVOR OF PAUL E. BOURQUE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five hundred dollars ($500) be and hereby 
is appropriated to pay Paul E. Bourque of Manchester, county 
of Hillsborough, state of New Hampshire, for personal in- 
juries sustained while on duty in the National Guard of this 
state on or about September 1, 1934, and said sum shall be 
paid out from funds in the state treasury not otherwise ap- 
propriated, and shall be in full settlement of said claim. 

[Approved June 29, 1937.] 



CHAPTER 241. 

JOINT RESOLUTION IN FAVOR OF JOHN W. HYLAND. 

Resolved by the Seymte and House of Representatives in 
General Court convened: 

That the sum of two hundred forty-eight dollars ($248) 
be allowed the Nashua Hospital Association and two hun- 
dred forty-five dollars ($245) be allowed Dr. Paul DeNicola, 
for hospital and doctor's bills arising from injuries sustained 
by John W. Hyland of Concord from an accident which 



1937] Chapters 242, 243 473 

occurred on the state highway in the town of Pembroke on 
or about August 27, 1936. Said sums appropriated shall be 
a charge upon the highway funds and shall be in full settle- 
ment of said claims. 

[Approved June 29, 1937.] 



CHAPTER 242. 

JOINT RESOLUTION IN FAVOR OF MINNIE DOLLOFF AND OTHERS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of twenty-four hundred eighty dollars 
($2,480) be allowed and paid to the Plymouth Guaranty Sav- 
ings Bank of Plymouth as trustee for the following purposes, 
provided that the town of Waterville shall appropriate the 
sum of four hundred and ninety-six dollars ($496) for the 
payment of the following sums, four hundred dollars to Minnie 
Dolloff of Thornton, forty-six dollars to the Plymouth 
Memorial Hospital and fifty dollars to Dr. R. P. Middleton of 
Plymouth. Said sum appropriated by the state shall be in- 
vested and reinvested by said trustee and from said principal 
sum and interest accumulated thereon the sum of six dollars 
per week shall be paid to Minnie Dolloff and four dollars per 
week to Donna Dolloff, her daughter. This appropriation is 
in full settlement for the death of Edwin Dolloff of Thornton 
who was killed while building a state-aided road in the town 
of Waterville. The sum hereby appropriated by the state shall 
be a charge upon the highway fund. 
[Approved July 1, 1937.] 



CHAPTER 243. 



joint RESOLUTION RELATING TO THE CALLING OF A 
CONSTITUTIONAL CONVENTION. 

Whereas by the provisions of a joint resolution passed by 
the senate and house of representatives of the state of New 
Hampshire and approved by His Excellency the Governor, on 
the seventeenth day of February, 1937, it was provided "That 
at the election in the several towns and cities to be holden on 
the second Tuesday of March, 1937, and a special election to 
be held in the other cities in which a regular election is not 



474 Chapter 244 [1937 

at that time held, the selectmen of the several towns and the 
officers of the several cities, who are by law required to warn 
meetings for elections, be directed to insert in the warrants 
calling such meetings and elections an article which requires 
the sense of the qualified voters to be taken upon the following 
questions, to wit: Is it expedient to revise the constitution? 
And the several clerks of such towns and cities are directed 
to make due return of their respective towns and cities to 
the legislature on or before the twenty-third day of March, 
1937" and 

Whereas the said election and special election were held as 
directed by said joint resolution but not all the returns were 
filed with the legislature on or before the twenty-third day 
of March, 1937, as directed by said joint resolution and some 
returns of the votes cast at said election and special election 
had been made subsequent to said twenty-third day of March, 
1937, and 

Whereas the unofficial returns of the whole votes cast at 
said election and special election indicate that a majority of 
votes were favorable to calling a constitutional convention, 
therefore be it 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the legislature direct the secretary of state to make, 
immediately upon the passage of this joint resolution, a com- 
plete and final return of all the ballots cast at said election 
and special election and that the house and senate meet in 
joint convention to canvass the returns of the number of 
ballots for and against the necessity of calling a constitutional 
convention. 

[Approved July 13, 1937.] 



CHAPTER 244. 



JOINT RESOLUTION IN FAVOR OF ERWIN A. AMES AND 
C. H. PARSONS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of seventeen dollars and sixty cents be and 
hereby is appropriated to compensate Erwin A. Ames of the 



1937] Chapters 245, 246 475 

city of Concord for accidental injuries suffered while building- 
a state-aid road in said Concord, provided that the city of 
Concord shall appropriate a like amount. An additional sum 
of twenty-four dollars is likewise appropriated to be paid to 
Dr. C. H. Parsons, said bill having been contracted by said 
Erwin A. Ames in said accident, provided a like sum is ap- 
propriated by the said city of Concord. Said sums appropri- 
ated by the state shall be a charge upon the highway funds 
and shall be in full settlement of the above claims. 
[Approved July 13, 1937.] 



CHAPTER 245. 



JOINT RESOLUTION IN FAVOR OF HUGH H. JOHNSON OF 
STRATFORD. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sums of two hundred dollars ($200) and one 
hundred dollars ($100) be and hereby are "appropriated to 
Hugh H. Johnson of Stratford for damage to his car and doc- 
tor's bill and personal injuries, said expenses being the re- 
sult of an accident when his car dropped into a culvert, due 
to a washout, on the Daniel Webster highway in the town of 
Stratford, April 6, 1937. Said sums appropriated shall be a 
charge upon the highway funds, and shall be in full settle- 
ment of the above claims. 

[Approved July 20, 1937.] 



CHAPTER 246. 

JOINT RESOLUTION RELATIVE TO THE NEW YORK WORLD'S FAIR. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of thirty thousand dollars ($30,000) be 
and hereby is appropriated for the purpose of advertising 
the resources, recreational advantages, agricultural and in- 
dustrial opportunities of the state of New Hampshire at the 
New York World's Fair. This appropriation shall be ex- 
pended under the direction of the state planning and develop- 



476 Chapter 247 [1937 

ment commission which shall, for the purposes hereof, co- 
operate with the other New England states in such manner 
as may be deemed to be for the best interests of the state but 
in such manner as shall not destroy the individuality of the 
New Hampshire exhibit or exhibits. In carrying out the pur- 
poses hereof the commission shall co-operate with the New 
England Council through the New Hampshire section there- 
of and the governor shall name three members from the pub- 
lic at large, as an advisory committee to work with the state 
planning and development commission for the purposes of 
this resolution only. Members of the advisory committee 
shall serve without compensation but shall be reimbursed for 
necessary expenses incurred as a part of their official duties 
hereunder. The governor is authorized to draw his warrant 
for said sum out of any money in the treasury not otherwise 
appropriated. 

[Approved August 3, 1937.] 



CHAPTER 247. 

JOINT RESOLUTION IN FAVOR OF JOHN FREDETTE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two hundred fifty dollars ($250) be and 
hereby is appropriated to compensate John Fredette of West- 
moreland for injuries received while working on a bridge on 
a state-aided road in said Westmoreland January 8, 1937, 
and the further sum of one hundred and thirty-six dollars 
($136) be and hereby is appropriated for the Elliot Com- 
munity Hospital of Keene in payment of hospital expenses 
incurred by said John Fredette as a result of said injuries. 
The appropriations hereby made shall be in full settlement 
of said claim and shall be a charge upon the highway fund. 
[Approved August 5, 1937.] 



1937] Chapters 248, 249 477 

CHAPTER 248. 

JOINT RESOLUTION FOR OBSERVANCE OF THE ADOPTION OF THE 
FEDERAL CONSTITUTION BY THE STATE OF NEW HAMPSHIRE. 

Whereas New Hampshire was the ninth state to consent to 
the adoption of the federal constitution, by action taken at 
Concord, New Hampshire, on June 21, 1788 ; be it 

Resolved by the Senate and House of Representatives in 
General Court convened: • 

That the sum of five thousand dollars ($5,000) be and 
hereby is appropriated for fitting- observance of the adoption 
of the federal constitution in Concord, New Hampshire, on 
June 21, 1938, said sum to be expended by the New Hampshire 
Sesquicentennial Commission appointed by the governor in 
June and December, 1936, as shown by the records in the office 
of the secretary of state. Said commission is also authorized 
to accept gifts in the name of the state for the purposes of 
said observance. The governor is authorized to draw his 
warrant for the sum hereby appropriated out of any money in 
the treasury not otherwise appropriated. 

[Approved August 12, 1937.] 



CHAPTER 249. 



JOINT RESOLUTION MAKING AN ADDITIONAL APPROPRIATION FOR 
THE INDUSTRIAL SCHOOL. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of sixteen thousand dollars ($16,000) be and 
hereby is appropriated to be expended for the industrial school 
under the direction of the superintendent, with the consent of 
the trustees of said school, for the following purposes: (1) 
Inside painting, outside wiring, the connecting of heating and 
water apparatus and alterations for the new buildings, (2) 
grading and road construction, and (3) purchase and installa- 
tion of equipment for vocational training. The governor is 
authorized to draw his warrant for said sum out of any money 
in the treasury not otherwise appropriated. 

[Approved August 20, 1937.] 



478 Chapters 250, 251, 252 [1937 

CHAPTER 250. 

JOINT RESOLUTION IN FAVOR OF THE TOWN OF UNITY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five thousand dollars ($5,000) be and here- 
by is appropriated for the repair of highways in the town of 
Unity damaged or destroyed during the cloud-burst which oc- 
curred in said town on June 18, 1937. The sum appropriated 
shall be expended under the direction of the highway commis- 
sioner, with the approval of the governor and council, and 
shall be a charge upon the funds provided by chapter 1 of the 
Laws of the special session of 1936. 

[Approved August 20, 1937.] 



CHAPTER 251. 

JOINT RESOLUTION RELATIVE TO BUOYS IN LAKE WINNISQUAM. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of not exceeding three hundred seventy-five 
dollars ($375) be and hereby is appropriated for the purpose 
of establishing one flash buoy and one spar buoy in Lake Win- 
nisquam. The appropriation made hereby shall be expended 
under the direction of the public service commission and the 
governor is authorized to draw his warrant for said sum out 
of any money in the treasury not otherwise appropriated. 

[Approved August 20, 1937.] 



CHAPTER 252. 



JOINT RESOLUTION MAKING ADDITIONAL APPROPRIATIONS FOR 
THE ATTORNEY-GENERAL'S DEPARTMENT. 

Resolved by the Senate and Hou^e of Representatives in 
General Court convened: 

That the sum of four thousand two hundred and fifty dol- 
lars ($4,250) for the fiscal year ending June 30, 1938, and the 
sum of four thousand seven hundred and fifty dollars ($4,750) 



1937] Chapters 253, 254 479 

for the fiscal year ending June 30, 1939, be and hereby are ap- 
propriated for the attorney-general's department, for addi- 
tional expenses. The governor is hereby authorized to draw 
his warrant for said sums out of any money in the treasury 
not otherwise appropriated. 
[Approved August 20, 1937.] 



CHAPTER 253. 



JOINT RESOLUTION TO PROVIDE ADDITIONAL FACILITIES AT THE 

STATE HOSPITAL. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of fifty-three thousand five hundred dollars 
($53,500) be and hereby is appropriated for additional facili- 
ties at the state hospital as follows : For insulation and alter- 
ations in the third floor of the Walker building, the sum of ten 
thousand dollars, of which the cost of insulation shall be a first 
charge; for the purchase and installation of kitchen equip- 
ment, the sum of ten thousand dollars ; for the purchase and 
installation of metallic food elevators, five thousand five hun- 
dred dollars ; for the installation of a partial sprinkler system 
in the administration building, ten thousand dollars ; for the 
construction of an addition for enlargement of the kitchen in 
the Walker building, eighteen thousand dollars. The above 
appropriation shall be a charge upon the funds appropriated 
by chapter 143 of the Laws of 1935. 

[Approved August 20, 1937.] 



CHAPTER 254. 



JOINT RESOLUTION IN FAVOR OF MOUNT WASHINGTON 
OBSERVATORY, INC. 

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 Mount Washington Observa- 
tory, Inc. to be used for the work of said corporation in scien- 



480 Chapter 255 [1937 

tific research relative to weather observations, rendering as- 
sistance to persons climbing Mount Washington and for other 
work of said corporation. Said sum shall be paid out upon 
warrant of the governor and council upon vouchers approved 
by the state planning and development commission and shall 
be a charge upon money in the treasury not otherwise appro- 
priated. 

[Approved August 20, 1937.] 



CHAPTER 255. 

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 $882 each ; that 
William Weston, chaplain, be allowed the sum of $780 ; that 
Wallace S. Thompson, custodian, be allowed the sum of $312 ; 
that Harold Fournier, custodian, be allowed the sum of $476 ; 
that Arthur A. Tilton, Harry S. Yeaton, Clifton B. Tarlson, 
Lenne C. Twombly, William W. Allen, doorkeepers, be allowed 
the sum of $780 each; that Charles H. Bean, Jr., warden, be 
allowed the sum of $780; that Daniel E. Smith, warden, be al- 
lowed the sum of $20; that Patrick F. Ryan, warden, be 
allowed the sum of $780 ; that Herbert M. Thyng, messenger, 
be allowed the sum of $648 ; that Fred A. Rushlow, messenger, 
be allowed the sum of $192; that Charles W. Robinson, mes- 
senger, be allowed the sum of $292 ; that Frank S. Merrill, 
messenger, be allowed the sum of $196 ; that Charles F. Adams, 
Benjamin H. Bragg, Charles C. Sargent, messengers, be al- 
lowed the sum of $780 each; that Robert L. Stark, speaker's 
page, be allowed the sum of $387 ; that Carl Jewell, speaker's 
page, be allowed the sum of $192; that Edgar Jacques, Her- 
bert S. Currier, Gerald L. Wadman, John J. Henson, Jr., 
pages, be allowed the sum of $487.50 each ; that Don Marshall, 
page, be allowed the sum of $7.50 ; that Melvin Brungot, page, 
be allowed the sum of $352.50 ; that Norman Brungot, page, be 
allowed the sum of $137.50 ; that Palmer C, Read, judiciary 
messenger, be allowed the sum of $780 ; that J. Walter Clark, 
governor's messenger be allowed the sum of $760 ; that Harrie 



1937] Chapter 256 481 

M. Young, clerk of the house, be allowed the sum of $400 ; that 
Benjamin F. Greer, clerk of the senate, be allowed the sum of 
$800 ; that Cyril J. Fretwell, assistant clerk of the house be 
allowed the sum of $1,400 ; that Frank M. Ayer, assistant 
clerk of the senate, be allowed the sum of $800 ; that Francis 
H. Buffum, reading clerk, be allowed the sum of $1,000; that 
Alice V. Flanders, house stenographer, and Bessie A. Calla- 
ghan, senate stenographer, be allowed the sum of $1,560 each ; 
that Marion C. Colby, Frances C. Barnard, house stenogra- 
phers, be allowed the sum of $1,170 each; that Ruth Cotton, 
senate stenographer, be allowed the sum of $1,170; that Mabel 
E. Dooley, judiciary stenographer, be allowed the sum of $55 ; 
that Thelma R. Budway, judiciary stenographer, be allowed 
the sum of $920; that Helen M. Young, stenographer, be 
allowed the sum of $35 ; that Marion G. Alexander, legislative 
advisor, be allowed the sum of $500 ; that W. J. Chadbourne, 
photographer, be allowed the sum of $1,000 ; that Mayland H. 
Morse, governor's attorney, be allowed the sum of $3,300. 

The governor is hereby authorized to draw his warrant for 
the above sums out of any money in the treasury not otherwise 
appropriated. 

[Approved August 20, 1937.] 



CHAPTER 256. 

NAMES CHANGED. 

From January, 1935, to January, 1937, the registers of pro- 
bate returned to the secretary of state the following changes 
of names made by the probate court : 

Rockingham County— Roger Ellis Whitney to Roger ElUs 
Preston; Robert Benson Kimball, Jr. to Benson Wheeler 
Brown; Marion S. Frost to Marion Louise Stevens; Lucy 
Catharine Stewart to Lucy Stewart Ross; Virginia 0. Ander- 
son to Virginia 0. Nelson; Roger Douglas demons to Roger 
Edward O'Brien; Donald Boyd to Donald Eugene Boyd Aus- 
tin; Frank William Loehn to Wallace August Loehn; Pauline 
Cora Florand to Pauline Cora Gosselin ; Irene Rose Florand to 
Irene Rose Gosselin ; Donald Warren to Donald Tatro ; Eugene 
Raymond Tinker to John Edwin Neal; Dorothy Poland 
to Mary Theresa Lamoureux; Charles Lewis Smith to 
Floyd Palmer Smith ; Jane Doe Stevenson to Mary Lou Gram- 



482 Chapter 256 [1937 

mont; Anna Mae Allen to Betsy Jane Marston; Kenneth Earl 
Morgan to Kenneth Earl Haley; Margaret Wenhold to Mar- 
garet Locke; Rhea Marie Dumais to Rhea Marie Laf ranee; 
Harriett Tartalis to Sandra Dolores Parent ; Evelyn Home Col- 
lins to Evelyn Home Brewster; Priscilla Faneras to Priscilla 
Powell; Pauline Faneras to PauHne Powell; Stanley S. Adam- 
andares to Stanley S. Adams ; Richard Gibbs Lapointe to Rich- 
ard Gibbs Hammond; Todd Lee Wyman to Todd Lee Kyle; 
Phihp N. Hutchings to Philip Arnold Broomfield; Peter Sko- 
pecki to Peter Kopecki; Nettie Skopecki to Nettie Kopecki; 
Joseph Skopecki to Joseph Kopecki; John Skopecki to John 
Kopecki; Teresa Brooks O'Leary