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

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GIFT OF 

New Hampshire 



LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1939 

LEGISLATURE CONVENED JANUARY 4, 
ADJOURNED JUNE 17. 




CONCORD, N. H. 
1939 



Printed by 

The Granite State Press 

Manchester, N. H. 

Bound by 

Neal Printing and Binding Co. 

Dover, N. H. 



v^ 



STATE OFFICERS 



Governor Francis P. Murphy 

r Harold K. Davison 
Oren V. Henderson 

Councilors < Thomas A. Murray 

I Arthur T. Appleton 
L 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 
Joseph W. Epply 
, Alice S. Harriman 
I Robert T. Kingsbury 
Ruth S. Kirk 
James A. Wellman 



Education, State Board of 



Commissioner of James N. Pringle 

Fish and Game Department, Direct or Robert H. Stobie 
Forester, State John H. Foster 

Forestry and Recreation Com- [Benjamin K. Ayers 

mission 4 W. Robinson Brown 

L Harry K. Rogers 

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

Highivay Commissioner Frederic E. Everett 

Insurance Commissioner Arthur J. Rouillard 

Labor Commissioner John S. B. Davie 

State Board of Conciliation and f Walter F. Duffy 

Arbitration '..A John R. McLane 

LKarl E. Merrill 

Librarian, State Thelma Brackett 

fJohn S. Hurlej^ 

Liquor Commission, State < William A. Jackson 

LWalter 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 

Police, State, Superintendent of .... George A. Colbath 

f William H. Barry 

Public Service Commission '. < Nelson L. Smith 

LClaude H. Swain 

r William J. Britton 

Public Welfare, Board of < John J. Hallinan 

LLeo L. Osborne 

Comm,issioner Harry 0. Page 

Purchasing Agent Harold Cheney 

Secretary of State Enoch D. Fuller 

Deputy Harry E. Jackson 

fJohn G. Marston 

Tax Commission, State < Dudley W. Orr 

i^John R. Spring 

Treasurer, State F. Gordon Kimball 

Deputy John J. Scammon 

Weights and Measures, Commis- 
sioner of William H. Marcotte, Jr. 



SUPREME COURT 

Chief Justice John E. Allen 

rOliver W. Branch 

Associate Justices \ S'^^'^' t' ^^""^^^ 

] Elwm L. Page 

t Peter Woodbury 

Attorney-General Thomas P. Cheney 

Assistant Frank R, Kenison 

State Reporter Crawford D. Hening 

Clerk of the Supreme Court George O. Shovan 

SUPERIOR COURT 

Chief Justice Henri A. Burque 

fAloysius J. Connor 
Warren W. James 
Francis W. Johnston 
H. Thornton Lorimer 
Oscar L. Young 



THE LEGISLATURE OF 1939 



SENATE 

President — Robert O. Blood, Concord, r. 

Clerk — Benjamin F. Greer, Grasmere, r. 

Assistant Clerk — Frank M. Ayer, Alton, r. 

S erg eant-at- Arms — Raymond B. Lakeman, Laconia, r. 

Messenger — Benjamin H. Bragg, Alstead, r. 

Assistant Messenger — Paul Amos Mansur, Concord, r. 

Doorkeeper — William \V. Allen, Concord, r. 



SENATORS 



Albert C. Lazure, Berlin, d. 
John H. Finley, Colebrook, r. 
Lester E. Mitchell, Campton, r. 
Harry P. Smart, Ossipee, r. 
Frank J. Bryant, Lebanon, r. 
Curtis H. Page, Gilmanton, r. 
Oliver H. IMunroe, Andover, r. 
Harold G. Fairbanks, Newport, 
Qiarles F. Butler, Hillsborough, 
Marquis O. Spaulding, Keene, r. 
William Weston, Hancock, r. 
Stanley James, Nashua, r. 



Aldege A. Noel, Nashua, d. 
Clarence J. Avery, Goffstown, r. 
Robert O. Blood, Concord, r. 
Ernest H. Bond, Manchester, r. 
Denis F. Mahoney, Manchester, d. 
Thomas B. O'Malley, Manchester, d. 
Horace J. Brouillette, Manchester, d. 
Edmond J. Marcoux, Rochester, d. 
T. Jewett Chesley, Dover, r. 
V\'illiam M. Cole, Derry, r. and d. 
A. Ralph Estabrook, Newton, r. 
Charles M. Dale, Portsmouth, r. 



HOUSE OF REPRESENTATIVES 

Speaker — Ansel N. Sanborn, Wakefield, r. 
Clerk — Cyril J. Fretwell, Concord, r. 
Assistant Clerk — Percy S. Congdon, Colebrook, r. 
Serge ant- at- Arms — Guy S. Neal, Acworth, r. 
Chaplain — H. Raymond Danforth, Acworth, r. 
Doorkeeper — Sherman L. Greer, Manchester, r. 
Doorkeeper — Qifton B. Tarlson, Lakeport, r. 
Doorkeeper — Lenne C. Twombly, Hill, r. 
Doorkeeper — Harry S. Yeaton, New Castle, r. 

ROCKINGHAM COUNTY 



Auburn, Harvey F. Stowe, r. 
Brentwood, Bart E. Havican, r. 
Candia, Karl J. Persson, r. and d. 
Chester, Preston E. Goodrich, r. 
Deerficid, Woodbury L. Rand, r. 
Derry, Robert W. Burbank, r. 

Harold W. Corson, r. 

George H. Grinncll, r. 

Oliver H. Hepworth, r. 



East Kingston, Frank A. J. Avery, 
Epping, Thomas W. Fecteau, d. 
Exeter, Helen D. Bourn, r. 

Walter O. Pennell, r. 

Renfrew A. Thomson, r. 

Willard K. Tozier, r. 
Eremont, Clifton H. Beede, r. 
Greenland, James L. Aliller, r. 
Hampstead, Frank W. Emerson, r. 



VI 



The Legislature of 1939 



Rockingham" County — Contumcd 
Hampton., Charles Francis Adams, r. 
Hampton Falls, Forrest B. Creighton, r. 
Kingston, Warren S. Keay, r. 
Londonderry, Frank A. Nesmitli, r. 
Newfields, Daniel R. Smith, r. 
'Newington, 

Jackson Manning Hoyt, r. and d. 
Newmarket, Arthur A. Labranche, d. 

George N. Willey, d. 
Newton, Robert S. Prescott, r. 
North Hampton, Forrest E. Knowles, r. 
Northwood, Melvin W. Rowell, r. 
Plaistow, John A. Palmer, r. 
Portsmouth, 

Ward 1, Americo J. Fransoso, r. 
Ernest E. Fredrickson, r. 
Arthur J. Reinhart, d. 
I'Vard 2, Harry H. Foote, r. 



Edwin W. Gray, r. 
Everett L. Marston, r. 
John H. Yeaton, r. 
Ward 3, William S. Canty, d. 

William Cogan, d. 
Ward 4, William H. Palfrey, r. andd. 
Ward 5, John Burkhardt, r. 
Leo Liberson, r. 
Raymond, Walter E. Quimby, r. 
Rye, Ernest A. Tucker, r. 
Salem, William Barron, r. 

Leonard B. Peever, r. 
Seabrook, Howard E. Smith, r. 
South Ha)npton, 

Earle M. Currier, r. and d. 
Stratham, George C Jewell, r. 
Windham, 

George H. Butterfield, Jr., r. and d. 



STRAFFORD COUNTY 



Barrington, Bertha G. Hayes, r. and d. 
Dover, 

Ward 1, Clifton R. Hayes, r. 

Frank P. Loughlin, r. 
Albert P. Sherry, r. 
Ward 2, Daniel J. Cronin, d. 

John Patrick King, d. 
Armand J. Ouellette, d. 
Ward 3, Frank F. Fernald, r. 

George W. Garland, r. 
Ward 4, Benjamin A. Brown, r. 
Ernest L. Lucas, r. 
Mark J. Pilgrim, r. 
Ward 5, Edward Durnin, d. 
Durhani, J. Guy Smart, r. 
Farmington, Carl C. Blanchard, r. 

Leon R. Hayes, r. 
Madhury, Richard G. Hale, r. and d. 
Milton, Lyman Plummer, r. 



Rochester, 

IVard 1, George A. Pray, r. 
Ward 2, John F. Conrad, d. 

George Y. Emerson, r. 
Ward 3, Ashbel J. Young, r. 
ll'ard 4, Aurelle Beaudoin, d. 
George J. Potvin, d. 
Ward 5, Joshua Studley, r. 
Ward 6, Sara E. Greenfield, r. 
Ralph F. Seavey, r. 
Rollinsford, Forrest L. Nutter, d. 
Soniersworth, 

Ward 1, Placide J. Lagueux, d. 
ll'ard 2, Napoleon A. Habel, d. 
Ward 3, Alfred J. Boucher, d. 
Ward 4, Edmund G. Hebert, d. 
Romeo St. Laurent, d. 
Ward 5, Onesime J. Dubois, d. 
Strafford, Ellsworth H. Berry, r. 



BELKNAP COUNTY 



Alton, Charles A. Rollins, r. 
Barnstcad, Harry K. Hier, d. 
Belmont, Herbert C. Adams, r. and d. 
Gilford, Arthur H. Lord, r. 
Gilmanton, Amos R. Price, d. 
Laconia, 

Ward 1, David O'Shan, r. 

George W. Tarlson, r. 



Ward 2, Alfred L. Guay, d. and r. 

Fortunat A. Normandin, 

d. and r. 
Ward 3, Elmer S. Tilton, r. and d. 
Ward, 4, Joseph H. Roucher, r. 

Frederick A. Tilton, r. 
IVard 5, Howard K. Ballon, r. 

Harry J. Rivers, r. 



The Legislature of 1939 



Vll 



Belknap County — Continued 
Laconia — Co]i tinned 

Ward 6, Clarence E. Greene, r. 
Charles L. Simpson, d. 
Meredith, Shepherd F. Brown, r. 
J. Frank Neal, r. 



Nezv Hampton, Joseph W. Smith, d. 
Sanbornton, Nathan T. Morse, r. and d. 
Tilton, Hooper R. Goodwin, r. 



CARROLL COUNTY 



Bartlett, Scott C. W. Simpson, r. 
Conway, Elmer H. Downs, r. 

Perley W. Mudgett, r. 

George W. Russell, r. 
Effingham, Willis D. Gale, d. 
Jackson, Leonard A. Fernald, r. 
Madison, Guy W. Nickerson, r. 
Moiiltonborough, Edith D. Banfield, r. 



Ossipee, Chester E. Merrow, r. 
Sandtvich, Perley C. Knox, r. 
Taniworth, Leonard H. Vittum, r. and d. 
Tuftonboro, Royal P. Young, r. 
Wakefield, Ansel N. Sanborn, r. 
Wolfeboro, Ralph G. Carpenter, 2nd, 

r. and d. 
Raymond E. Jewell, r. 



MERRIMACK COUNTY 



Allenstown, Narcisse V. Guilbeault, d. 
Andover, Gladys E. MacPhee, r. 
Boscawcn, Maurice S. Nichols, r. 
Bozv, Frank E. Woodbury, d. 
Bradford, Joseph H. Trow, d. 
Canterbury, Qiarles Elliott Morrill, d. 
Chichester, Leon A. Sanborn, r. 
Concord, 

Ward 1, Charles P. Coakley, d. 
George F. McGirr*, d. 
Ward 2, Roger Dunlap, r. 
Ward 3, George W. Kemp, r. 
Ward 4, Albert S. Baker, r. 
Louis P. Elkins, r. 
Parker L. Hancock, r. 
Ward 5, George A. Conlon, r. 

George H. Nash, r. 
Ward 6, Winslow H. Osborne, r. 
Donald W. Saltmarsh, r. 
Arthur F. Sturtevant, r. 
John C. Tilton, r. 
Ward 7 , John E. Bunten, r. 

Allen M. Freeman, r. 
Frank E. George, r. 
George Azro Maxham, r. 
Ward 8, William H. Hoyt, r. 



Ward 9, John T. Harrison, r. 
John Paveglio, r. 
Danbury, Eugene L. Collins, r. 
Dunbarton, Henry Milburn, r. 
Epsom, Albert J. Yeaton, d. and r. 
Franklin, 

Ward 1, Lester C. Maxfield, r. 
Ward 2, Emile Carignan, d. 

Eusebe P. Lemire, d. 
Ward 3, John P. Dempsey, d. 
James S. Shaw, d. 
Hcimiker, Charles J. Burnham, r. 
Hooksctt, Edward M. DuDevoir, d. 

Alphonse Lafond, d. 
Hopkinton, Lewis A. Nelson, r. 
Loudon, Charles L. Merrill, r. 
Nezvbury, Albert W. Cheney, r. and d. 
New London, Herbert D. Swift, r. 
Northficld, Lucien F. Batchelder, r. 
Pembroke, Oscar I. Boisvert, d. 

Antonio Dupont, d. 
Pittsficld, John H. Perkins, d. 

Robert H. Sanderson, d. 
Salisbury, Sydney Clark, r. 
Sutton, Fred M. Anderson, r. 
Warner, Alfred S. Cloues, r. 
Wilmot, Ernest Stuart, r. 



* Died. 



Vlll 



The Legislature of 1939 



HILLSBOROUGH COUNTY 



Amherst, Ralph C. Bills, r. 
Antrim, Hugh AI. Graham, r. and d. 
Bedford, Ralph M. Wiggin, r. 
Bennington, Arthur J. Pierce, r. and d. 
Brookline, Llewellyn S. Powers, r. 
Deering, Stuart Michie, r. 
Francestozvn, Carroll F. Clark, d. 
Goffstown, John W. Brown, r. 

A. Kenneth Hambleton, r. 
Arthur E. Pattee, r. 
Greenville, Bernadette E. Charois, d. 
Hancock, Maurice S. Tuttle, r. 
Hillsborough, George W. Boynton, 

r. and d. 
Frank D. Gay, r. 
Hollis, Henry A. Wilson, r. and d. 
Hudson, Fred T. Goodwin, r. 
Arthur W. Smith, r. 
Litchfield, John A. Reid, r. and d. 
Manchester, 

Ward 1, Harry W. Bergholtz, r. 

Stoddard B. E. Chase, r. 
Joel S. Daniels, Sr., r. 
Edward T. Knowlton, r. 
]]'ard 2, Charles Henry Barnard, r. 
Pcrley W. Gage, r. 
Victor C. Johnson, r. 
Charles V. Kimball, r. 
Charles E. Woodbury, r. 
Ward 3, Joseph M. Barry, d. 
Michael J. Dwyer, d. 
James J. Shea, Jr.f, d. 
Michael A. Talty*, d. 
Marjorie S. Woodbury, r. 
Ward 4, James S. Duffley, r. 
John J. Frain, d. 
Thomas J. McGowan, d. 
D. Frank O'Neil, d. 
Ward 5, Joseph J. Betley, d. 
Napoleon Dulac, d. 
George T. Healyf, d. 
George E. Houle, d. 
Arthur J. Lacroix, d. 
Martin L. Mahoney, d. 
John C. O'Brien, d. 



Ward 6, Richard J. Barry, d. 
William J. Booth, d. 
John G. Clancy, d. 
Paul J. Connolly, d. 
Frank '\l. Fox, Jr.f, d. 
John J. Sullivan, d. 
Ward 7, Armand J. Benoit, d. 
Alcide R. Gagnon, d. 
Joseph C. Gaumont, d. 
Arthur J. Jean, d. 
P. Romeo Poirier, d. 
Gedeon A. Turcotte, d. 
Ward 8, Edmond Benoit, d. 

Edward F. Bouthiette, d. 
George A. Brousseau, d. 
George N. Constant, d. 
Michael S. Donnelly, d. 
Joseph O. Gelinas, r. and d. 
John J. Kane, d. 
:Michael' P. Wedick, d. 
Ward 9, Leo Boisvert, d. 

John F. Driscoll, d. 
Lionel E. Plantet, d. 
Ward 10, William N. Brown, d. 

Mary L. Caron, d. 
, « Paul L. Gilmartinf, d. 

Louis J. Head, r. 
Ward 11, Hubert T. Carroll, d. 
John B. :Mullen, d. 
Francis H. Sweeney, d. 
Joseph J. Roukey, d. 
Ward 12, Joseph P. Aubin, d. 
Charles A. Caron, d. 
J. Charles Durette, d. 
Alpha J. Letendre, d. and r. 
Louis J. Soucy, d. 
Ward 13, Adolphe Duval, d. 

Lorenzo L. Gauthier, d. 
George I. Ladouceur, d. 
Hector J. Rousseau, d. 
Arthur Thibodeau, d. 
Mason, Albert C. Whitaker, r. 
Merrimack, Edward W. Carter, r. 
Milford, Charles S. Emerson, r. 
George R. Foster, r. 
Fred T. Wadleigh, r. 
Mont Vernon, Arvid G. Erlando, r. and d. 



* Died. 

t Resigned. 



The Legislature of 1939 



IX 



Hillsborough County — Continued 
N<ashioa, 

Ward 1, Blaylock Atherton, r. 

Mabel Thompson Cooper, r. 

George W. Underbill, r. 

Charles I. Woodbury, r. 
Ward 2, Patrick J. Duclos, r. 

Grace M. Griswold, r. 
Ward 3, Wilfred J. Belanger, d. 

Octave J. Goulet, d. 

Hector Trombley, d. 
Ward 4, Thomas F. Sullivan, d. 

Timothy J. Sullivan, d. 
Ward 5, J. Adelard Berube, d. 

Emile E. Marquis, d. 

Joseph A. Moussette, d. and r. 
Ward 6, Eulalie L. Fournier, d. 

Robert St. Francois, d. 



Frank B. Shea, d. 
Ward 7, Aimable B. Goyette, d. 
John A. Ledoux, d. 
Frank A. Lougee, d. 
Ward 8, Rodolphe Cormier, d. 

Wilfred Grandmaison, d. 
Anthony W. Joyce, d. 
John D. Wilcox, d. 
Ward 9, William R. Hurbonovich, 
Auguste Senechal, d. 
Nnv Boston, Albert E. Shedd, r. and 
Nczv Ipsivich, William T. Thompson, 

r. and 
Pclham, Albert H. Jones, d. 
Peterborough, Perkins Bass, r. 

George A. Myhaver, r. 
Wcare, Frank H. Peaslee, r. 
Wilton, Peter J. Dugan, r. 



d. 



CHESHIRE COUNTY 



Alstead, Donald W. Moore, r. 
Chesterfield, E. James Winslow, r. 
Dublin, Charles R. Thomas, r. 
Fitzwilliam, George F. Miller, r. 
Gilsuni, Pauline I. Hanson, r. 
Harrisville, John N. Clark, d. and r. 
Hinsdale. Abbie H. Robertson, r. and d. 
Jaffrey, George H. Duncan, d. 

Jason C. Sawyer, r. and d. 
Keene, 

Ward 1, James H. Batchelder, r. 
Russell F. Batchelor, r. 
Francis P. Callahan, r. 
George F. Knowlton, r. 
Ward 2, Sidney S. Frissell, r. 

Clifford W. Afartin, r. 
Ward 3, Wakefield Dort, r. 
Wilder F. Gates, r. 



Ward 4, Lawrence C. Ellery, r. 

Harry C. Lichman, r. 
Ward 5, John M. Duffy, d. 
Carl D. Roche, d. 
Marlborough, Ray E. Tarboxf, r. 
Marlozv, Albert W. Phelps, d. 
Richmond, Steplien A. Bullock, d. and r. 
Rindge, Harris H. Rice, r. and d. 
Stoddard, William F. Lane, r. and d. 
Swanzcy, Arthur B. Perry, r. 
Bert W. Wheeler, r. 
Troy, Elwin Smith, r. 
Walpole, Albert F. Chickering, r. 

James T. Relihan, d. 
Westmoreland, Glenn E. Britton, r. and d. 
Winchester, Frederick H. Ingham, r. 
Luman R. Nelson, r. 



SULLIVAN COUNTY 



Charlcstozvn, Charles S. Hutchins, 
Claremont, Herbert J. Babcock, r. 

Sydney B. Converse, r. 

Clarence B. Etsler, r. 

James E. Holt, r. 

Earl F. Howe*, r. 

Perl L. Hutchins, r. 



Charles B. Officer, r. 

Charles H. Putnam, r. 

Oney Russell, r. 

George C. Warner, r. 
Cornish, Harry D. Withcrill, r. 
Croydon, Herbert D. Barton, r. and d. 
Grantham, George W. Hastings, r. and d. 



* Died. 

t In place of Leon E. Wiswall who died. 



The Legislature of 1939 



Sullivan County — Continued 
Langdon, William Hall, r. 
Neivport, Richard P. Donovan, d. 

Leon E. Kempton, d. 

Edw^ard J. Maley, d. 

Irving W. Rowell, r. 



Plainfidd, John W. Whitney, r. 
Sunapce, Leo L. Osborne, d. 
Unity, George S. Galium, r. 
Washington, Arthur H. Davison, d. and r. 



GRAFTON COUNTY 



Ashland, Charles N. Swayne, d. 
Bath, Adalbert W. Bailey, r. 
Benton, Charles H. Tyler, d. 
Bethlehem, George T. Noyes, r. 
Bristol, John W. Coolidge, r. 
Campion, Bertram W. Pulsifer, r. 
Canaan, Allen C. Campbell, d. 
Dorchester, Herbert H. Ashley, r. and d. 
Enfield, Herbert E. Walbridge, r. 
Franconia, William P. Hodge, r. 
Grafton, Shirley C. Leonard, r. 
Hanover, Grace F. Batchelder, r. 

Edgar H. Hunter, r. 

Francis V. Tuxburj*, r. 
Haverhill, Ernest E. Craig, r. 

Frank R. Dean, r. 

George L. Strobridge, r. 
Hebron, Florence B. Smith, r. 
Holderness, Mark K. Mardenf, r. 



Lebanon. William J. B. Cannell, r. 

Harold C. French, d. 

Frank F. Hough, r. 

Leon M. Howard, d. 

Florence Ward Hoyt, r. 

Robert G. Dow, r. 
Lincoln, James A. Legassie, Sr., d. 
Lisbon, James E. Collins, r. 

Arthur L. Hamilton, r. 
Littleton, Robert E. Bowker, r. 

Jacob F. Hildebrand, r. 

Ada Agnes Soper*, r. 

Henry F. Whitcomb, r. 
Lyman, Clyde B. Santy, d. 
Lyme, Frank H. Bailey, r. and d. 
Orford, Edgar C. Lufkin, r. 
Fly mouth, Kenneth G. Bell, r. 

Harry A. Merrill, d. and r. 
Rumney, John Z. Taylor, r. 
Warren, Samuel H. Dreghorn, r. and d. 
Woodstock, Harry D. Sawyer, d. and r. 



COOS COUNTY 



Berlin, 

Ward 1, Margaret H. Barden, d. 

Edward F. Hinchey, d. 

Elisabeth H. Mason, d. 

George R. Paine, d. 

Henry A. Smith, d. 
Ward 2, Aristide T. Alontminy, d. 

Albert G. Palmer, d. 

Clarence D. Smith, d. 

Georgianna Trottier, r. 
Ward 3, Louis Bisson, r. 

Marie A. Christiansen, r. 

Raoul L. Ramsey, d. 
Ward 4, Esther C. Bixby, d. 

Guy J. Fortier, d. 

Rebecca Gagnon, d. 

Victor N. Laforce, d. 
Colebrook, James F. Congdon, r. 



Oscar G. Kelsea, r. 
Columbia, John R. Jackson, d. 
Dalton, William O. Emerson, r. 
Dummer, Bessie G. Stiles, r. and d. 
Gorham, George H. Keough, r. and d. 

Merton M. Willis, r. 
Jefferson, William A. Crawford, d. 
Lancaster, Arthur C. Cryan, r. and d. 

Harvey W. Hartford, r. and d. 
Milan, Elden J. Peabody, d. and r. 
Northumberland, Donald W. ^Marshall, d. 
William F. Rowden, r. 
Pittsbiirg, Harvey H. Converse, r. 
^Randolph, John H. Boothman, Jr., r. 
Stark, George J. Phelan, r. 
Stewartstown, Fred H. Noyes, r. 
Stratford, Harvey L. Hinman, r. 
Whitefield, Cliarles Mclntyre, r. 



* Died. 

t In place of Lester ^I. Avery who died. 



LAWS 

OF THE 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1939 



CHAPTER 1.- 



AN ACT PROVIDING FOR EMERGENCY USE OF MOTOR VEHICLE 
TRUCKS FOR TIMBER SALVAGING. 



Section 

L Non-resident motor trucks; 
special registration. 

2. Resident motor trucks ; special 

registration. 

3. Motor vehicle commissioner. 



Section 

4. Agricultural trucks. 

5. Laws suspended. 

6. Credit on fees paid. 

7. Takes effect. 



Whereas an emergency exists within the -state owing to the 
great amount of fallen timber and the insufficiency of equip- 
ment within the state to salvage the same, therefore 

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

1. Non-resident Motor Trucks; Special Registration. Any 

motor vehicle truck owned by a non-resident who has com- 
plied with the laws of his state, district or country relating to 
registration and licensing of motor vehicles, engaged within 
this state in hauling logs or logging equipment, if the owner 
thereof has secured from the motor vehicle commissioner a 
special certificate of registration, may be operated upon the 
ways of this state for said purposes for a period from the date 
of the issue of said certificate until July 1, 1939 upon the pay- 
ment of the required fee as herein provided. The amount of 
the fee for such certificate shall be one third of the amount 
which would otherwise be required for one year's registration 
for such motor truck under the provisions of sections 21-a, 
21-c, 22 or 29-a of chapter 100 of the Public Laws, as amended, 
or under section 1 of chapter 102 of the Public Laws, as 
amended. 



* See chapter 200, post. 



2 Chapter l [1939 

• 

2. Resident Motor Trucks; Special Registration. Any 

motor truck, which has not been registered for the fiscal year 
1938-1939, owned by a resident, which is to be operated in 
hauling logs or logging equipment, upon the payment of the 
required fee as herein provided, may, if the owner thereof has 
secured from the motor vehicle commissioner a special certifi- 
cate of registration, be operated upon the ways of this state 
for the period from the date of issue of said certificate until 
July 1, 1939. The amount of the fee for such certificate shall 
be one third of the amount which would otherwise be required 
for one year's registration for said motor truck under the pro- 
visions of section 1 of chapter 102 of the Public Laws, as 
amended. Provided that for such special registration the 
owner shall not be required to obtain a permit for registration 
from the city or town wherein he resides and shall not be re- 
quired to pay the fee for such municipal permit. Any motor 
truck, owned by a resident, which has already been registered 
for the fiscal year 1938-1939 or which shall be registered for 
the fiscal year 19^9-1940, may be registered for the period 
from date of application and July 1, 1939, to carry an in- 
creased gross tonnage, over its declared tonnage for other 
uses, for the sole purpose of hauling logs or logging equip- 
ment, upon the payment to the motor vehicle commissioner of 
a fee equal to one third of the amount by which such fee 
would otherwise be increased because of such increased gross 
tonnage, under the provisions of chapter 102 of the Public 
Laws, as amended. 

3. Motor Vehicle Commissioner. The motor vehicle com- 
missioner is hereby authorized to issue the special certificates 
of registration herein provided in such form as he may de- 
termine. Motor trucks registered under the provisions of sec- 
tions 1 and 2 hereof may be operated for the purposes therein 
specified and for no other purposes. All fees received by the 
motor vehicle commissioner for such special certificates shall 
be credited to the highway department for the maintenance of 
highways. 

4. Agricultural Trucks. Any motor truck properly regis- 
tered or to be registered to be used for agricultural purposes 
only, in accordance with the provisions of paragraph III of 
section 1 of chapter 102 of the Public Laws, as amended by 
chapter 45 of the Laws of 1935, may be used for hauling logs 



1939] Chapter 2 3 

or logging equipment of the owner thereof on any public high- 
way during the period from the date of the passage of this 
act and July 1, 1939, without the payment of any additional 
registration fee other than that required by said paragraph 
III as amended by said chapter 45. 

5. Laws Suspended. Until July 1, 1939, the provisions of 
chapters 100 and 102 of the Public Laws relative to the regis- 
tration of trucks by residents and non-residents inconsistent 
with the provisions hereof are hereby suspended and made in- 
operative so far as they relate to the registration of motor 
trucks engaged in hauling logs or logging equipment. 

6. Credit on Fees Paid. All moneys paid to the motor 
vehicle commissioner for special registration certificates under 
the provisions hereof shall be credited to the owner of any 
motor truck specially registered hereunder who shall, during 
the fiscal year 1939-1940, desire to register such motor truck 
for general use in accordance with the provisions of chapter 
102 of the Public Laws, as amended; and the fee payable in 
such case under said chapter 102 shall be reduced by the 
amount already paid for a special registration certificate un- 
der this act. This section shall not be construed to relieve 
any person from the payment of any fees otherwise required. 

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

[Approved February 7, 1939.] 



CHAPTER 2. 

AN ACT RELATING TO EMERGENCY PUBLIC WORKS. 



Section 

1. Extension of authority to issue 
bonds. 



SECTION 

2. Takes efifect. 



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 as amended by chapter 9 of the Laws 
of 1937 by striking out the figures "1939" in the last line and 
inserting in place thereof the figures 1941, so that said section 
as amended shall read as follows : 29. Termination of Power 
to Issue Bonds. Except in pursuance of any contract or 



4 Chapter 3 [1939 

agreement theretofore entered into by and between any muni- 
cipality, 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, 1941. 

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

[Approved February 15, 1939.] 



CHAPTER 3. 



AN ACT PROHIBITING THE PUBLICATION BY COUNTY OFFICIALS OF 
NAMES OF PERSONS RECEIVING SOLDIERS' AID. 



Sfxtion 

1. Soldiers' aid. 

2. Inspection of county reports. 



Skction 
3. Takes effect. 



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

1. Soldiers' Aid. Amend section 16 of chapter 106 of the 
Public Laws as amended by chapter 94 of the Laws of 1931 by 
inserting before the word "selectmen" in the first line the 
words, county officials, and by inserting before the word 
"towns" in the third line the word counties, so that said sec- 
tion as amended shall read as follows: 16. Publication. 
County officials, selectmen of towns, and the mayor and alder- 
men of cities shall not publish or allow to be published in the 
annual reports of counties, towns, or cities, the name of any 
soldier or sailor, his wife, widow, or minor children who have 
received such aid, but may enter the items under the heading 
of aid furnished soldiers and sailors. 

2. Amendment. Amend section 17 of chapter 106 of the 
Public Laws by inserting before the word "town," each time 
it occurs in said section, the word county, so that said section 
as amended shall read as follows: 17. Inspection. Any tax- 
payer of a county, town or city shall be allowed to see the 
itemized account of such aid furnished, as it appears on the 
record books of the county, town or city, by making demand 
of the county, town or city officials. 

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

[Approved February 15, 1939.] 



1939] Chapters 4, 5 5 

CHAPTER 4. 

AN ACT RELATING TO CITY AND TOWN TAX COLLECTORS' 
ASSOCIATION. 

Section I Section 

1. I'aynient of expenses to yearly 2. Takes effect, 

meeting. | 

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

1. Payment of Expenses. Amend chapter 47 of the Pub- 
lic Laws as amended by section 1 of chapter 62 of the Laws 
of 1929 by adding after section 11-a the following: 11-b. 
City and Town Tax Collectors' Association. Town and city 
tax collectors shall be entitled to receive the actual expenses 
incurred by them in attending the yearly meeting of the New 
Hampshire City and Town Tax Collectors' Association, the 
same to be audited by the selectmen of towns and the finance 
committee of cities, respectively, and paid out of the town or 
city treasury. 

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

[Approved February 15, 1939.] 



CHAPTER 5.- 



AN ACT CLOSING ROBINSON POND IN THE TOWN OF HUDSON TO 

ALL FISHING. 

* 

Section I Sixtion 

1. Closed to all fisliing. | 2. Takes effect. 

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

1. Closed to All Fishing. Amend section 7 of chapter 155 
of the Laws of 1935, by adding after paragraph X, as inserted 
by section 32, chapter 188 of the Laws of 1937, the following 
new paragraph: XL Robinson pond in the town of Hudson 



* See chapters 35 and 169, post. 



6 Chapter 6 [1939 

for a period of two years from the date of the passage of this 
act. 

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

[Approved February 23, 1939.] 



CHAPTER 6. ' 



AN ACT RELATING TO PICKEREL FISHING IN RUST POND IN 

WOLFEBORO AND MIRROR LAKE IN TUFTONBORO AND 

WOLFEBORO. 



Section 

1. Rust pond, pickerel fisliing. 

2. Mirror lake, pickerel fishing 



Section 
3. Takes effect. 



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

1. Rust Pond, Pickerel Fishing. Amend paragraph V, sec- 
tion 4, chapter 155 of the Laws of 1935, as inserted by chapter 
96 of the Laws of 1937, by striking out in line two the words, 
"Rust pond in Wolfeboro," so that said paragraph as amended 
shall read as follows: V. Pemigewasset river, Post pond in 
Lyme, Rocky pond in Wentworth, Round pond in Lyman. 

2. Mirror Lake, Pickerel Fishing. Amend paragraph III, 
section 4, chapter 155 of the Laws of 1935, as inserted by 
chapter 96 of the Laws of 1937, by striking out in lines two 
and three the words, "Mirror lake in Tuftonboro and Wolfe- 
boro," so that said paragraph as amended shall read as 
follows: III. Mason pond in Orford, Merrymeeting lake in 
New Durham, Middleton reservoir in Middleton, Mirror lake in 
Woodstock. 

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

[Approved February 23, 1939.] 



See chapter 169, post. 



1939] Chapters 7, 8 7 

CHAPTER 7.- 

AN ACT RELATING TO TAKING PICKEREL IN LAKE WENTWORTH 

IN WOLFEBORO. 

Section 1 Section 

1. Lake Wentworth in Wolfeboro. | 2. Takes effect. 

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

1. Lake Wentworth in Wolfeboro. Amend section 12 of 
chapter 201 of the PubHc Laws, as inserted by section 5, chap- 
ter 124, Laws of 1935, and as amended by chapter 2 of the 
Laws of 1937, by striking out the word "and" in the fourth 
line and by adding after the word "Winnisquam" in the fourtli 
line the words, and Lake Wentworth in Wolfeboro, so that 
said section as amended shall read as follows: 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, 
Lake Winnisquam and Lake Wentworth in Wolfeboro 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 23, 1939.] 



CHAPTER 8. 



AN ACT TRANSFERRING THE ADMINISTRATION OF AID TO THE 

DEAF FROM THE BOARD OF PUBLIC WELFARE TO THE 

BOARD OF EDUCATION. 



Section 

1. Duties of state board of educa- 

tion. 

2. Use of funds. 

3. Transfer of autliority. 



Section 

4. State aid for blind. 

5. Duties, state board of public 

welfare. 

6. Takes effect. 



Be it enacted by the Senate and House of Representatives in 
General Court convened: 
1. Duties of the State Board of Education. Amend section 
11 of chapter 116 of the Public Laws by inserting after para- 



* See chapter 169, pdst. 



8 Chapter 8 [1939 

graph XII the following new paragraph: XIII. Education 
for the Deaf. Prepare, develop and administer plans to pro- 
vide educational facilities for the deaf. 

2. Use of Funds. Amend section 14 of chapter 116 of the 
Public Laws by inserting after paragraph IX the following 
new paragraph: X. Education for the Deaf. For the ex- 
pense of providing educational facilities for the deaf. 

3. Transfer of Authority. Amend section 2 of chapter 
115 of the Public Laws by striking out the words, "and for the 
deaf and dumb" in the second line so that said section as 
amended shall read as follows: 2. Industrial Aid. The 
board may act as a bureau of information and industrial aid 
for the blind and for this purpose may furnish materials and 
tools to any blind person, and may assist such blind persons as 
are engaged in home industries in marketing their products, 
in finding employment and in developing home industries for 
them ; and may ameliorate the condition of the blind by devis- 
ing means to facilitate the circulation of books, by promoting 
visits among the aged or helpless blind in their homes, and by 
such other methods as it may deem expedient; provided, that 
the board shall not undertake the permanent support or 
maintenance of any blind person. 

4. Amendment. Amend section 3 of chapter 115 of the 
Public Laws as amended by chapter 202, Laws of 1937, by 
striking out the words "deaf and dumb or" so that said sec- 
tion as amended shall read as follows: 3. State Aid; How 
Granted. Upon the recommendation of the board of public 
welfare, assistance shall be furnished to such blind persons, in 
such amounts and at such asylums, schools or other institu- 
tions designed for the purpose, as the governor and council 
shall direct. 

5. Amendment. Amend paragraph I of section 6 of chap- 
ter 202 of the Laws of 1937 by striking out the word "deaf" 
in the second line so that said paragraph as amended shall read 
as follows : I. General. Develop plans to provide assistance 
to needy aged, blind, tuberculous persons and dependent chil- 
dren; administer or supervise the administration of these 
activities, the activities of the state's veteran officer, child 



1939] CHAPTER 9 9 

welfare services, social service index and other activities here- 
inafter mentioned. 

6. Takes Effect. This act shall take effect July 1, 1939. 

[Approved March 1, 1939.] 



CHAPTER 9. 

AN ACT RELATING TO MUNICIPAL FINANCES. 



Sfxtion 

3. Takes effect. 



Section 

1. Temporary provisions. 

2. Emergenc}' town appropriation. 

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

1. Temporary Provisions. Every municipality which has 
at the time when this act takes effect outstanding notes pay- 
able on demand, overdue notes issued in anticipation of taxes, 
notes issued to pay for damage caused by flood and wind dur- 
ing 1938, or which has used the principal of trust funds and 
has not restored the same, may provide for the payment of 
such notes and for the restoration of such trust funds in whole 
or in part in the tax levy of 1939 or 1940, and shall borrow not 
exceeding in the aggregate the amount, if any, required for 
paying the balance of such notes and restoring the balance of 
such trust funds, and issue bonds or notes therefor payable 
serially in the manner provided in chapter 59 of the Public 
Laws covering a period not exceeding fifteen years from the 
date of issue. With money so provided said notes shall be 
paid and said trust funds restored in 1939 or 1940. 

2. Emergency Town Appropriation. Money lawfully may 
be raised at the regular town meetings in 1939 for the purpose 
of paying or refunding notes issued to pay for damage caused 
by flood and wind during 1938, notwithstanding the fact that 
no article dealing with such an appropriation may have been 
inserted in the warrant warning the meeting. 

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

[Approved March 1, 1939.] 



10 Chapters 10, 11 [1939 

CHAPTER 10. 

AN ACT RELATING TO THE PRACTICE OF VETERINARY MEDICINE. 

, Section ] Section 

1. Practice of veterinary medicine. | 2. Tai<es effect. 

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

1. Veterinary Medicine, Practice of. Amend section 9 of 
chapter 209 of the Public Laws, as amended by section 3, 
chapter 87, Laws of 1929, by striking out said section and in- 
serting in place thereof the following: 9. Examinations. 
Before such application is granted, said board shall require the 
applicant to submit to an examination as to his qualifications 
for such practice, in manner and form and on such subjects as 
are prescribed by said board. Provided, however, that no 
applicant shall be eligible for such examination until he has 
satisfied the board that he is a graduate of a veterinary college 
recognized as such by the American Veterinary Medical Asso- 
ciation and by the Bureau of Animal Industry, United States 
Department of Agriculture, and having a course of study of 
not less than four school years of not less than six months 
each. Should an applicant fail to pass a satisfactory examina- 
tion he shall not be eligible for a second examination within 
six months. 

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

[Approved March 1, 1939.] 



CHAPTER 11. 



AN ACT TO INCREASE THE SALARY OF THE COUNTY TREASURER 
OF SULLIVAN COUNTY. 



Section 
2. Takes effect. 



Section 

1. Salary of county treasurer of 
Sullivan county. 

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

1. Salary of County Treasurer. Amend section 12, chap- 
ter 39 of the Public Laws as amended by chapter 104 of the 
Laws of 1935 and chapter 100 of the Laws of 1937, by strik- 



1939] Chapter 12 11 

ing out the word "two," after the word "Sullivan" in the 
twelfth line, and inserting in place thereof the word four, so 
that said section as amended shall read: 12. Salaries and 
Expenses. The annual salaries of the treasurers of the several 
counties, to be in full for their services and allowances of 
every kind, except as hereinafter provided, shall be as follows : 

In Rockingham, eight hundred dollars. 

In Strafford, four hundred dollars. 

In Belknap, three hundred dollars. 

In Carroll, four hundred dollars. 

In Merrimack, four hundred dollars. 

In Hillsborough, twelve hundred dollars. 

In Cheshire, two hundred dollars. 

In Sullivan, four 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 April 1, 1939. 

[Approved March 1, 1939.] 



CHAPTER 12. 



AN ACT RELATIVE TO PERMANENT IMPROVEMENT AND ADDI- 
TIONAL FACILITIES AT THE TRAMWAY. 

Section I Section 

1. Tramway on Cannon mountain. | 2. Takes effect. 

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

1. Tramway on Cannon Mountain. Amend section 10 of 
chapter 130 of the Laws of 1937 by striking out said section 
and inserting in place thereof the following: 10. Revenue. 
There shall be collected for carriage upon the tramway pro- 
vided for herein and for other services made available there- 
with such fares, tolls and charges as the commission shall 
deem reasonable. Such sums as are so collected shall be de- 
posited with the state treasurer who shall keep the same in a 
separate account. Operating expenses, depreciation and upkeep 
of said tramway and services shall be charged to or paid from 



12 Chapter 13 [1939 

said account and from the balance of said account after the 
deductions hereby authorized the governor, with the approval 
of the council, shall pay the interest and principal of the bonds 
or notes issued hereunder as the same become due, and payable. 
From the balance of said special account after the payment of 
expenses, depreciation, upkeep and services, and the annual in- 
terest and bond or note charges, a sum not to exceed ten thou- 
sand dollars ($10,000) for each of the fiscal years ending 
June 30, 1939, 1940, 1941 and 1942 may be retained in said 
account and paid out by the commission, with the approval of 
the governor and council, for permanent improvements and 
additional facilities at the tramway. During the construction 
of the tramway the governor may, if necessary, draw his 
warrant upon the general fund to pay the interest due upon 
any bonds or notes that have been issued in accordance 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 interest 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. 

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

[Approved March 7, 1939.] 



CHAPTER 13. 



AN ACT RELATING TO REPORT TO REGISTER OF DEEDS OF SALE OF 
REAL ESTATE FOR TAXES. 

Section 1 Section 

1. Sale of real estate for taxes. | 2. Takes effect. 

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

1. Sale of Real Estate for Taxes. Amend section 24 of 
chapter 66 of the Public Laws by striking out the word "two" 
in the first line thereof and inserting in place thereof the word 
six, so that said section as amended shall read as follows : 24. 



1939] Chapter 14 13 

Report of Sale. Each tax collector, within six days after 
selling any real estate for taxes, shall deliver or forward by 
registered mail to the register of deeds for the county in which 
the real estate is situated a statement of the following facts 
relating to each parcel of real estate sold, certified by him un- 
der oath to be true : To whom the real estate was taxed, as it 
appears in the tax list committed to him; the description of 
the property as it appears in said list ; the amount of the taxes 
for which the sale was made and the person against whom 
they were assessed ; the date of the sale ; the name of the pur- 
chaser; the sum paid or to be paid by the purchaser; a de- 
scription of the parcel or interest sold ; and a statement of the 
officer's fees and expenses in giving notices, making the sale 
and delivering the same to the register, which statements 
shall be recorded and indexed by the register as provided in 
section 29. 

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

[Approved March 7, 1939.] , 



CHAPTER 14.* 



AN ACT CLOSING WASH POND IN HAMPSTEAD TO ICE FISHING. 

Section 1 Sfxtion 

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

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

1. Closed to Ice Fishing. Amend paragraph VI of section 
5 of chapter 155 of the Laws of 1935, as inserted by section 3, 
chapter 96, Laws of 1937, by inserting after the word "Al- 
stead" the words, Wash pond in Hampstead, so that said para- 
graph as amended shall read as follows : VI. Warren lake in 
Alstead, Wash pond in Hampstead, White's pond in Pelham, 
Winnipauket lake in Webster, Zephyr lake in Greenfield. 

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

[Approved March 7, 1939.] 



* See chapter 169, post. 



14 Chapter 15 [1939 

CHAPTER 15. 

AN act" relating TO HORSE RACING AND CREATING A STATE 
RACING COMMISSION. 

Section- I Section 

1. Pari mutuel pools. j 4. Distribution of tax. 

2. Tax on pari mutuel pools. I 5. Takes effect. 

3. Prohibition. 

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

1. Pari Mutuel Pools. Amend section 14, chapter 27, 
Laws of 1935, by striking out the said section and inserting 
in place thereof the following: 14. Pari Mutuel Pools. 
Within the enclosure of any race track where is held a race 
or race meet licensed and conducted under this act, but not 
elsewhere, the sale of pari mutuel pools by the licensee under 
such regulations as may be prescribed by said commission is 
hereby permitted and authorized during the calendar years 
1939 to 1942, inclusive. Commissions on such pools shall in 
no event and at no track exceed eleven per cent (11%) of each 
dollar wagered, plus the odd cents of all redistribution to be 
based on each dollar wagered exceeding a sum equal to the 
next lowest multiple of ten, known as "breakage" one half of 
which "breakage" shall be retained by the licensee and the 
balance shall be paid to the state treasurer for the use of the 
state in accordance with the provisions of section 2 of chapter 
27 of the Laws of 1935. Said maximum shall include the 
four and one-half per cent tax hereinafter prescribed. 

2. Pari Mutuel Pools. Amend section 15 of said chapter 
27 by striking out said section and inserting in place thereof 
the following: 15. Tax. Each person, association or cor- 
poration licensed to conduct a race or race meet under this 
act shall pay to the state treasurer a sum equal to four and 
one-half per cent of the total contributions to all pari mutuel 
pools conducted or made at any race or race meet licensed 
under this act. Of the amount so paid to the state treasurer 
a sum equal to four and one-quarter per cent of said total con- 
tributions shall be distributed in accordance with the provi- 
sions of section 2 of chapter 27 of the Laws of 1935, and a 
sum equal to one quarter of one per cent of said total contri- 
butions shall be expended for the promotion of agriculture in 



1939] Chapter 15 15 

the state under the direction of the commissioner of agricul- 
ture. Each person, association or corporation licensed to con- 
duct a race or race meet under this act shall also pay to the 
city or town treasurer in which the racing plant is located the 
sum of two hundred and fifty dollars for each day of racing, 
provided said person, association or corporation has a license 
to conduct races or race meets for more than eight days dur- 
ing the year for which the license is issued. If said person, 
association or corporation has a license to conduct races or 
race meets for less than eight days during the year for which 
the license is issued, the per diem fee to be paid to the city or 
town treasurer shall be deternjined by the commission. 

3. Prohibition. Amend said chapter 27 by inserting after 
section 21 the following new section: 21-a. Prohibition. No 
person, association or corporation conducting a racing plant 
under the provisions of this act, nor the commission, shall em- 
ploy at said racing plant, during the time in which the general 
court is in session, any person who is a member of 'said gen- 
eral court. 

4. Distribution of Tax. Amend said chapter 27 by insert- 
ing after section 16 the following new section: 16-a. Agri- 
cultural Fairs. The portion of the tax on pari mutuel pools to 
be distributed for the promotion of agriculture, as provided in 
section 15, shall be distributed by the commissioner of agricul- 
ture in accordance with the following plan to all agricultural 
fairs incorporated under the laws of New Hampshire hold- 
ing yearly exhibitions and paying premiums of five hundred 
dollars or more annually. Each year a payment of one hun- 
dred dollars shall be paid to all such agricultural fairs. The 
balance of said fund shall be divided pro rata to said fairs 
based on the amount of competitive or educational agricultural 
premiums paid the preceding calendar year by said fair. In 
determining the premiums paid the commissioner shall take 
into consideration premiums paid for contests, exhibits or dis- 
plays of domestic livestock, household products, farm crops 
and those made by 4-H clubs or other similar groups. The 
commissioner of agriculture shall make such rules and regu- 
lations relative to reports as to premiums as may be necessary 
to enable him to determine the pro rata distributions to be 
made of the sums hereinbefore provided. 



16 Chapters 16, 17 [1939 

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

[Approved March 8, 1939.] 



CHAPTER 16. 



AN ACT TO CHANGE THE NAME OF CRYSTAL LAKE TO CANAAN 

STREET LAKE. 

Section 

1. Canaan Street Lake, name given. 

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

1. Canaan Street Lake, Name Given. That the name of 
the body of water, situate in the town of Canaan and adjoin- 
ing the village of Canaan Street, known as Harts pond or 
Crystal lake, be, and the name hereby is, changed to Canaan 
Street lake. 

[Approved March 9, 1939.] 



CHAPTER 17. 

AN ACT ESTABLISHING GENERAL JOHN STARK DAY. 

Section 1 Section 

1. General John Stark Day. | 2. Takes effect. 

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

1. General John Stark Day. The governor is hereby 
authorized and directed to issue annually a proclamation de- 
claring that the seventeenth day of June be known as Gen- 
eral John Stark day and directing that appropriate cere- 
monies be held on said day in commemoration of the patriotic 
devotion which this outstanding New Hampshire hero gave to 
his country. 

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

[Approved March 9, 1939.] 



1939] 



Chapter 18 



17 



CHAPTER 18. 

AN ACT RELATING TO THE SALARY OF THE JUSTICE OF THE 
MUNICIPAL COURT OF MILFORD. 



Section 

1. Salaries, justices of municipal 
courts. 



Section 
2. Takes effect. 



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

1. Salaries, Justices Municipal Courts. Amend paragraph 
I, section 32, chapter 323 of the Public Laws, as inserted by 
chapter 47 and amended by chapter 154 of the Laws of 1933 
and chapter 87 of the Laws of 1935 by adding at the end 
thereof the words : In Milford, four hundred dollars, so that 
said paragraph as amended shall read as follows: 

1. In Manchester, tw^o thousand four hundred dollars ; 
In Nashua, two thousand dollars; 

In Concord, one thousand eight hundred dollars; 

In Portsmouth, one thousand eight hundred dollars; 

In Dover, one thousand five hundred dollars; 

In Laconia, one thousand two hundred dollars; 

In Keene, one thousand two hundred dollars ; 

In Claremont, one thousand two hundred dollars; 

In Berlin, one thousand two hundred dollars; 

In Lebanon, eight hundred dollars; 

In Newport, seven hundred dollars; 

In Exeter, six hundred dollars; 

In Somersworth, five hundred dollars; 

In Franklin, six hundred dollars; 

In Rochester, nine hundred dollars; 

In Littleton, six hundred dollars; 

In Milford, four hundred dollars. 

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

[Approved March 9, 1939.] 



18 Chapters 19, 20 [1939 

CHAPTER 19. 

AN ACT IN RELATION TO TIMBER SALVAGE. 



Sfxtion 
vl Takes efifect. 



Section 

1. Town appropriation for timber 

salvage. 

2. Exception. 

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

1. Town Appropriations. Amend section 4, chapter 42 of 
the PubHc Laws by adding* after paragraph XXVIII, as in- 
serted by section 2, chapter 119 of the Laws of 1937, a new 
paragraph as follows: XXIX. Timber Salvage. To defray 
the expense of building approaches other than public high- 
ways to bodies of water and other sites where timber is to be 
stored, designated by the Northeastern Timber Salvage Ad- 
ministration for storage and manufacture of down timber, and 
of leasing whatever land may be necessary to facilitate the 
storage and preservation of down timber and lumber manu- 
factured therefrom. The provisions of this paragraph shall be 
in effect until January 1, 1945. 

2. Exception. Appropriations under the provisions of 
paragraph XXIX of section 4 of chapter 42 of the Public Laws 
may be made at the town meeting of March 14, 1939, without 
a special article being inserted in the warrant calling such 
meeting. 

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

[Approved March 9, 1939.] 



CHAPTER 20. 

AN ACT RELATIVE TO TOWN APPROPRIATIONS. 



Section 
2. Takes effect. 



Section 

1. Town appropriation for veter- 
ans conventions. 

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

1. Town Appropriations. Amend section 4 of chapter 42 
of the Public Laws by inserting after paragraph XXIX, as 
inserted by an act approved March 9, 1939,* the following new 



See chapter 19, ante. 



1939] Chapter 21 19 

paragraph: XXX. Veterans Conventions. Any town in 
the state wherein is held the annual state convention of any 
state organization of veterans who have served in the army or 
navy of the United States, in time of war, may by vote con- 
tribute money towards the expenses of such annual conven- 
tion, but in no case shall such contribution exceed six hundred 
dollars. 

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

[Approved March 9, 1939.] 



CHAPTER 21. 

AN ACT RELATING TO WARNING TOWN MEETINGS. 

Section ,, 1 Section 

1. Warning town meetings. | 2. Takes effect. 

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

1. Town Meetings. Amend sections 8, 9, and 10 of chap- 
ter 45 of the Public Laws by striking out all of said sections 
and inserting the following: 8. Warning, Upon Neglect. If 
the selectmen unreasonably neglect or refuse to warn a meet- 
ing, or to insert any article in their warrant, a justice of the 
superior court, upon application in writing of twenty-five or 
more voters or of one sixth part of the voters of such town, 
may issue a warrant for such meeting, or order the insertion 
of an article in the warrant. 9. Other Cases. If the bien- 
nial or annual meeting in any town shall not have been held, 
or if there has never been any legal meeting of the town; or 
if, by reason of death, removal from the town, disability or 
resignation of the board of selectmen, no member of the board 
remains in office, a justice of the superior court, on application 
of twenty-five voters, or of one sixth part of the voters of the 
town, may issue a warrant for such meeting. 10. Warrant. 
The warrant of a justice of the superior court for a town 
meeting shall be under his hand, directed to the sheriff or a 
deputy sheriff of the county in which the town is situate; it 
shall specify the time, place and object of such meeting and 
shall be served and returned in the same manner as warrants 
issued by selectmen. 



20 Chapter 22 [1939 

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

[Approved March 9, 1939.] 



CHAPTER 22. 



AN ACT RELATING TO LICENSES AND EXAMINATIONS OF DOMESTIC 
INSURANCE COMPANIES. 

Section Section 



1. Local insurance companies, 

licenses. 

2. Licenses now in force. 

3. Examination of domestic in- 

surance companies. 



4. Repeal. 

5. Takes effect. 



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

1. Local Insurance Companies. Amend section 11 of chap- 
ter 273 of the Public Laws by striking out said section and 
inserting in place thereof the following: 11. Licenses. On 
compliance with the foregoing conditions, and if the company 
is found upon examination made by or under the direction of 
the commissioner to have complied with the laws of the state 
applicable to it, a license to transact the kind of business 
specified therein shall be issued until April first thereafter; 
and annually thereafter, on April first, such license may be 
renewed so long as the company shall comply with the require- 
ments of the law and the commissioner shall regard it as safe, 
reliable and entitled to confidence. Any such license, or any 
renewal thereof, unless surrendered or revoked, shall expire 
on April first next after its issue. 

2. Licenses Now in Force. All licenses of insurance com- 
panies organized under the laws of this state, heretofore 
issued under provisions of section 11 of chapter 273 of the 
Public Laws, now in force, unless surrendered or revoked by 
due process of law, shall expire as of April 1, 1939. 

3. Domestic Insurance Companies. Amend section 31 of 
chapter 273 of the Public Laws by striking out said section 
and inserting in place thereof the following: 31. Examina- 
tions. At the close of each calendar year the commissioner, 
in person or by deputy, shall examine and verify the assets 
and liabilities of all domestic insurance companies with their 



1939] Chapter 23 21 

annual statements required by the following section, and, in 
addition thereto, shall make a thorough examination of the 
affairs of every domestic insurance company once every three 
years. The expense of such triennial examinations shall be 
borne by the company examined. Provided, that whenever it 
shall appear to the commissioner that any domestic insurance 
company is insolvent or that there is gross waste, misconduct 
or negligence in the management of its affairs he shall make 
or cause to be made a thorough examination of such company 
forthwith. 

4. Repeal. Sections 19 and 20 of chapter 278 of the Pub- 
lic Laws, relative to examination of domestic life insurance 
companies, are hereby repealed. 

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

[Approved March 9, 1939.] 



CHAPTER 23. 



AN ACT RELATING TO TAXATION OF FOREIGN INSURANCE 
COMPANIES. 



Section 

1. Tax on foreign insurance com- 

panies. 

2. Annual statements. 



Section 
3. Takes effect. 



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

1. Foreign Insurance Companies. Amend section 59 of 
chapter 275 of the Public Laws, as amended by chapter 103 
of the Laws of 1929, by striking out said section and inserting 
in place thereof the following : 59. Tax, Fire Insurance, etc. 
Every such fire, marine, fidelity and casualty insurance com- 
pany shall pay to the state treasurer, within one month after 
receiving notice from the commissioner of the amount thereof, 
a tax of two per cent upon all gross direct premiums written, 
less return premiums, upon property or risks located or per- 
sons resident in this state, during the year ending on the pre- 
ceding December thirty-first, as assessed by the commissioner, 
and a further deduction in the case of all mutual fire, casualty, 
fidelity and boiler insurance companies, taxable under the pro- 



22 Chapter 24 [1939 

visions of this section, of the amount of all unabsorbed 
premium deposits actually returned or credited to policy- 
holders upon business in this state during the year for which 
the tax is determined. 

2. Annual Statements. Amend section 55 of chapter 275 
of the Public Laws, as amended by chapter 14 of the Laws of 
1929, by striking out the whole of said section and inserting 
in place thereof the following: 55. Annual Statements. 
Every such insurance company doing business in this state 
shall, on or before March first in each year, transmit to the 
commissioner a statement, under oath, of its president and 
secretary, of the whole amount of premiums written during 
the year ending on the preceding December thirty-first, for 
insurance on property or risks located or persons resident in 
this state; also giving its assets, liabilities, amount of capital 
stock actually paid in, amount of outstanding risks and the 
business standing and affairs of the company generally; in 
accordance with blanks to be furnished by the commissioner, 
adapted to the business of the company. 

3. Takes Effect. This act shall take effect upon its 
passage and shall apply to the business of the year ending 
December 31, 1938, and all subsequent years. 

[Approved March 9, 1939.] 



CHAPTER 24. 



AN ACT RELATING TO DOCUMENTS IN THE OFFICE OF THE IN- 
SURANCE COMMISSIONER. 



Section 

1. Disposal of reports and records 
in insurance department. 



Section 
2. Takes effect. 



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

1. Insurance Department. Amend chapter 271 of the 
Public Laws by inserting after section 21 the following new 
section: 22. Disposal of Reports and Records. The com- 
missioner may destroy, at the end of ten years from the date 
of filing, reports and records of insurance companies which 
have been filed with the insurance department and which, in 
his opinion, are no longer of any value to the state. 



1939] Chapter 25 23 

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

[Approved March 16, 1939.] 



CHAPTER 25. 

AN ACT RELATING TO INCORPORATION OF INSURANCE COMPANIES. 



Section 
3. Takes effect. 



Section 

1. Collision insurance. 

2. Mutual insurance companies. 

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

1. Collision Insurance. Amend paragraph VI of section 1, 
chapter 272, Public Laws, as amended by chapter 135 of the 
Laws of 1931, by adding after the word, "glass," in the 
seventh line the words, and against loss or damage resulting 
from collision, so that said paragraph as amended shall read 
as follows: VL On property and rents and use and 
occupancy, against loss or damage and against liability of the 
insured therefor from explosions of steam boilers, tanks and 
engines, their connections and machinery connected therewith, 
and breakage of flywheels and machinery, and to make in- 
spections thereof; and against loss from burglary, theft or 
forgery, and against loss or damage by the breakage of glass 
and against loss or damage resulting from collision. 

2. Mutual Companies. Amend section 5 of chapter 272 
of the Public Laws by inserting after the word "stock" in the 
second line the words, or mutual, so that said section as 
amended shall read as follows : 5. Combinations of Business. 
The articles of agreement of such a stock or mutual company 
may provide for the transaction of the following combinations 
of business: That specified in paragraph I of section 1 with 
that specified in paragraph II; that specified in paragraphs 
III, IV and V or in any two of said paragraphs ; that specified 
in paragraphs IV, V, VI and VII or in any two or more of said 
paragraphs. 

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

[Approved March 16, 1939.] 



24 Chapters 26, 27 [1939 

CHAPTER 26. 

AN ACT RELATIVE TO THE ESTABLISHMENT OF A GAME REFUGE 
ON PROPERTY OF ST. PAUL'S SCHOOL. 

Section 1 Section 

1. St. Paul's School game refuge. I 2. Takes effect. 

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

1. Game Refuge. Amend chapter 202 of the Public Laws, 
as inserted by section 6, chapter 124 of the Laws of 1935 by 
inserting after section 11 the following new section: 11-a. 
St. Paul's School Game Refuge. The limitation as to distance 
between state fish and game refuges, provided for in the pre- 
ceding section 11, shall not prohibit the establishment of such 
a game refuge on premises belonging to St. Paul's School in 
the city of Concord, provided the owners and abutters consent 
to the establishment of such a refuge, under the procedure 
set forth in section 11. If such a refuge is established the 
boundary on the north of said refuge shall be the Hopkinton 
road and the expense of policing the refuge shall be assumed 
by St. Paul's School. 

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

[Approved March 16, 1939.] 



CHAPTER 27.* 



AN ACT TO REGULATE THE TAKING OF BROOK TROUT IN TRIO 

PONDS IN ODELL. 

Section I Section 

1. Brook trout. I 2. Takes effect. 

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

1. Brook Trout. Amend paragraph III of section 2, chap- 
ter 155 of the Laws of 1935 as inserted by section 1, chapter 
144 of the Laws of 1937 by striking out the entire paragraph 
and inserting in place thereof the following : III. Pine river 
in Effingham, Wakefield and Ossipee, Pleasant pond in Deer- 



* See chapter 169, post. 



1939] Chapters 28, 29 25 

field, Poverty pond in Hill, Robartwood lake in Campton, 
Rocky Bound pond in Croydon, Round pond in Pittsburg and 
Trio ponds in Odell. 

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

[Approved March 16, 1939.] 



CHAPTER 28. 

AN ACT RELATING TO NON-RESIDENT FUR DEALERS. 



Section 

1. Repeal. 

2. Non-resident fur buyers. 



Section 
3. Takes effect. 



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

1. Repeal. Paragraph II of section 13 of chapter 203 of 
the Public Laws, as inserted by section 7, chapter 124, Laws 
of 1935, and as amended by section 2, chapter 156, Laws of 
1937, relative to fees for licenses for non-resident fur buyers, 
is hereby repealed. 

2. Non-resident Fur Buyers. Amend section 203 of the 
Public Laws, as inserted by section 7, chapter 124, Laws of 
1935, by inserting after section 14 the following new section: 
14-a. No License Required. A non-resident of this state 
may at any time engage in this state in the business of buy- 
ing the furs or skins of fur-bearing animals from resident 
licensed fur buyers without a license so to do. 

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

[Approved March 16, 1939.] 



CHAPTER 29. 

AN ACT REGARDING TAX LIENS ON REAL ESTATE. 

Section I Section 

L Extension of lien on real estate. | 2. Takes effect. 

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

1. Extension of Lien. Amend section 17 of chapter 66 of 
the Public Laws by striking out the word "July" in the fourth 



26 Chapter 30 [1939 

line and inserting in place thereof the word, October, so that 
said section as amended shall read as follows: 17. Lien. 
The real estate of every person or corporation shall be holden 
for all taxes assessed against the owner thereof; and all real 
estate to whomsoever assessed shall be holden for all taxes 
thereon. All' such liens shall continue until one year from 
October first following the assessment. 

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

[Approved March 16, 1939.] 



CHAPTER 30. 

AN ACT RELATING TO TAX COLLECTORS' BONDS. 



Section 
3. Takes effect. 



Section 

1. Bonds for constables. 

2. Bonds for tax collectors. 

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

1. Constables. Amend section 29 of chapter 47 of the 
Public Laws by striking out the words "collector or" in the 
first line of said section so that said section as amended shall 
read as follows : 29. Bonds. ' Every constable shall, within 
six days after his election or appointment, give bond, with 
sufficient sureties to the acceptance of the town or selectmen, 
for the faithful performance of the duties of his office, in form 
like that of county officers, and in default thereof the office 
shall become vacant. 

2. Collector of Taxes. Amend said chapter 47 by adding 
after section 29 the following new section: 29-a. Bond 
Required. Each tax collector before entering upon his duties 
shall, within thirty days of his election or appointment unless 
said period of thirty days has been extended by the tax com- 
mission for good cause shown, give bond for the faithful per- 
formance of his duties. Such bond shall be approved in writ- 
ing by the tax commission. 

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

[Approved March 16, 1939.] 



1939] Chapters 31, 32 27 

CHAPTER 31. 

AN ACT RELATING TO ADVERTISING IN SO-CALLED TOURIST 

GUIDES. 

Section I Section 

L Tourists guides. | 2. Takes effect. 

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

1. Tourist Guides. Amend section 1 of chapter 113 of the 
Laws of 1933 by inserting after the word "pubHc" in the tenth 
Kne the words, any form of advertising to be published in so- 
called tourist guides or like publications, or, so that said sec- 
tion as amended shall read as follows: 1. Motor-Vehicle 
Road Service and Tourist Service. No individual, firm, asso- 
ciation or corporation shall perform, or offer to perform, in 
this state, for a stipulated fee covering a certain period, any 
form of road or other service relating to the repair, operation 
and care of automobiles or protection and assistance of auto- 
mobile owners or drivers, other than by insurance, or to 
furnish or offer to furnish tourist service by selling or offer- 
ing to sell to any proprietor of any so-called roadside house or 
camp furnishing or offering to furnish meals and/or lodging 
to the traveling public, any form of advertising to be pub- 
lished in so-called tourist guides or like publications, or any 
form of sign or other insignia indicating that said roadside 
house or camp has been approved by any individual, firm, asso- 
ciation or corporation, without being licensed therefor by the 
insurance commissioner. 

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

[Approved March 16, 1939.] 



CHAPTER 32. 

AN ACT RELATIVE TO LEGAL HOLIDAYS. 

Section | Section 

1. Legal holidays. I 2. Takes effect. 

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

1. Legal Holidays. Amend section 3 of chapter 313 of the 
Public Laws by striking out the word "six" in the first line 



28 Chapter 33 [1939 

and inserting in place thereof the word, seven, so that said 
section as amended shall read as follows: 3. On Sundays. 
When either of the seven days last mentioned falls on Sunday, 
the following- day shall be observed as a holiday. 

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

[Approved March 16, 1939.] 



CHAPTER 33. 

AN ACT DESIGNATING THE WHITE MOUNTAIN HIGHWAY. 



Section 

1. Designation of White Mountain 
Highway. 



Section 
2. Takes efifect. 



Whereas the state highway extending from the Massachu- 
setts line to the Canadian border through the center of the 
state has been designated the Daniel Webster highway and 

Whereas the state highway extending from the Massachu- 
setts line to the northern part of the state on the west side of 
the state has been designated as the Dartmouth College high- 
way, now therefore 

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

1. Designation. In recognition of the part the White 
Mountains has played in the development of the recreational 
facilities of the state the great New Hampshire highway ex- 
tending from the intersection of the Lafayette road at Ports- 
mouth to and through Pinkham Notch to the intersection of 
route 26 at Errol, said road being a part of route 16, and 
designated as the East Side road by section 15 of chapter 35 
of the Laws of 1905, as inserted by chapter 155 of the Laws 
of 1909, is hereby given the name of the White Mountain high- 
way and the governor and council are authorized to direct all 
things necessary to suitably mark and designate said highway 
accordingly. 

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

[Approved March 21, 1939.] 



1939] Chapters 34, 35 29 

CHAPTER 34. 

AN ACT RELATING TO SOLICITOR'S PERMITS. 

Section I Section 

L Solicitor's permit; exception. | 2. Takes eflfect. 

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

1. Alcoholic Beverages. Amend section 12 of chapter 99 
of the Laws of 1933 by striking out said section and inserting 
in place thereof the following: 12. Solicitor's Permit; 
Exception. Solicitor's permits shall authorize the permittee 
within the state of New Hampshire to offer for sale or solicit 
orders for the sale of, within the state of New Hampshire, any 
beverage if the vendor of such beverage is the holder of a 
manufacturer's or wholesaler's permit issued under this act. 
Solicitor's permits shall not be issued without the recom- 
mendation of the vendor whom the solicitor represents. Pro- 
vided, further, that any salaried office employee of a vendor 
who holds a manufacturer's or wholesaler's permit issued 
under this act may, with the approval of the state liquor com- 
mission, be authorized to offer for sale, or solicit orders for 
the sale of, within the state, any beverage sold by such vendor 
without a solicitor's permit. 

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

[Approved March 21, 1939.] 



CHAPTER 35.* 

AN ACT RELATING TO THE CLOSING TO FISHING OF UMBAGOG 

LAKE, THE MAGALLOWAY RIVER AND ITS TRIBUTARIES 

AND THE ANDROSCOGGIN RIVER AND CERTAIN 

OF ITS TRIBUTARIES. 

Section I Section 

1. Closed season. | 2. Takes effect. 

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

1. Closed Season. Amend section 7, chapter 155, Laws of 
1935, by inserting after paragraph XI, as inserted by chapter 



* See chapter 169, post. 



30 Chapter 36 [1939 

5 of the Laws of 1939, the following new paragraph: XXL 
Umbagog lake in Errol and Cambridge and that part of the 
lake called Leonard pond in Errol and the Magalloway river 
and all its tributaries and the Androscoggin river and all its 
tributaries from Umbagog lake to Errol dam are hereby closed 
to all fishing from October first to January first and from 
March first to April first. 

2. Takes Efl'ect. This act shall take effect upon its 
passage. 

[Approved March 21, 1939.] 



CHAPTER 36.* 

AN ACT RELATING TO SMELT FISHING. 

Section I Section 

L Waters closed to smelt fishing. | 2. Takes effect. 

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 as amended by section 1, chapter 73 of the Laws 
of 1937 by inserting after the words "Nubanusit lake" in line 
seventeen the words, and all its tributaries, and by inserting 
after the words "New London" in line twenty-one the words, 
Spofford lake and its tributaries in the town of Chesterfield, 
Fernald brook flowing into Lake Wentworth in Wolfeboro and 
the mouth of Fernald brook where it flows into the lake for 
an area of fifty feet out into^the lake, 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 Meredith, Dublin pond and the outlet as far as Clark's 
Mill pond dam in Dublin, White pond in Ossipee, Black brook 
in Sanbornton for a distance of two hundred yards above its 
middle mouth to a point one hundred and fifty yards out into 
the lake from its middle mouth, Massabesic lake and all its 
tributaries in Manchester and Auburn, Silver lake and its 
tributaries in Madison, Massasecum lake in Bradford, Pleasant 
pond and its tributaries in Deerfield, Mascoma river in Mas- 
coma and Lebanon from the outlet of the lake to the south 



* See chapter 169, post. 



1939] Chapter 37 31 

ends of the abutment of the first railroad bridge, First Con- 
necticut 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 Mar- 
low and Lempster, Inlet brook to Ledge pond in Madison, all 
tributaries of Loon lake in Freedom, Nubanusit lake and all its 
tributaries 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, Spofford lake and its tributaries 
in the town of Chesterfield, Fernald brook flowing into Lake 
Wentworth in Wolfeboro and the mouth of Fernald brook 
where it flows into the lake for an area of fifty feet out into 
the lake and Bradley lake in Andover, 

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

[Approved March 21, 1939.] 



CHAPTER 37/ 



AN ACT RELATING TO FLY AND BAIT FISHING FQR BROOK TROUT 
IN CONNOR POND IN OSSIPEE. 

Section | Section 

1. Brook trout, fly and bait fishing. | 2. Takes effect. 

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

1. Brook Trout; Fly and Bait Fishing. Amend paragraph 
III of section 2 of chapter 155 of the Laws of 1935, as amended 
by section 1, chapter 144, Laws of 1937, by inserting after the 
word "Ossipee" in the first line the words, Connor pond in 
Ossipee, so that said paragraph as amended shall read as 
follows: HI. Pine river in Effingham and Ossipee, Connor 
pond in Ossipee, Pleasant pond in Deerfield, Poverty pond in 
Hill, Robartwood lake in Campton, Rocky Bound pond in Croy- 
don and Round pond in Pittsburg. 

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

[Approved March 21, 1939.] 



* See chapter 169, f^ost. 



32 Chapters 38, 89 [1939 

CHAPTER 38. 

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 

1. Extension of time for issuance 
of emergency notes and 
bonds. 



Section 
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, and 
chapter 1, Laws of 1937, by striking out said section and in- 
serting in place thereof the following: 8. Duration of 
Authority. The authority given to the governor and council 
to issue certificates of emergency or to guarantee the pay- 
ment of loans made by virtue of such certificates shall con- 
tinue for the term of eight 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 March 21, 1939.] 



CHAPTER 39. 

AN ACT RELATING TO ASSESSMENT OF TAXES. 

Section I Section 

1. Assessment of taxes. ! 2. Takes effect. 

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

1. Assessment of Taxes. Amend section 8 of chapter 64 
of the Public Laws by adding after the word "acres" in the 
last line the words, if known, so that said section as amended 
shall read as follows: 8. List; Real Estate. The list of 
taxes assessed on real estate shall contain the name of the 
owner, if known; otherwise the name of the original owner, 



1939] Chapters 40, 41 33 

if known; the number of the lot and range, if lotted, other- 
wise such description as the land may be readily known by; 
the number of acres, if known; and the amount of taxes 
assessed thereon. 

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

[Approved March 21, 1939.] 



CHAPTER 40. 

AN ACT RELATING TO DISTRAINT FOR COLLECTION OF PROPERTY 

TAXES. 

Section I Section 

1. Limitation of action. | 2. Takes effect. 

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

1. Limitation of Action. Amend section 6 of chapter 66 
of the Public Laws by adding at the end thereof the follow- 
ing: Such distraint shall be valid only if begun within one 
year from October first following the assessment, so that said 
section as amended shall read as follows: 6. Distraint. 
Upon neglect or refusal of any person or corporation to pay 
the taxes assessed upon them, the collector may distrain the 
goods ^nd chattels of such person or corporation. Such dis- 
traint shall be valid only if begun within one year from 
October first following the assessment. 

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

[Approved March 21, 1939.] 



CHAPTER 41. 



AN ACT RELATIVE TO THE PUBLICATION OF VITAL STATISTICS IN 

TOWN REPORTS. 

Section I Section 

I. Repeal. I 2. Takes effect. 

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

1. Repeal. Section 10 of chapter 47 of the Public Laws, 
as amended by chapter 109 of the Laws of 1933, requiring 



34 Chapter 42 [1939 

the town clerk to annually furnish to the selectmen a tran- 
script of certain vital statistics, to be published with the town 
reports, is hereby repealed. 

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

[Approved March 21, 1939.] 



CHAPTER 42. 

AN ACT RELATING TO THE PAYMENT OF COUNTY TAXES. ' 

Section i Section 

1. Tax warrants for county taxes. | 2. Takes effect. 

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

1. County Taxes. Amend section 10, chapter 39 of the 
Public Laws, as amended by section 1, chapter 50, Laws of 
1933, by striking out the whole of said section and inserting 
in place thereof the following: 10. Tax Warrants; Extents. 
The treasurer shall issue his warrant to the selectmen of the 
several towns in the county liable to pay state taxes, requir- 
ing them to assess, collect and pay to the treasurer, within 
such time as shall be therein directed, their just proportion of 
all taxes granted by the county convention, according to their 
proportion of public taxes for the time being, and shall enforce 
the collection and payment thereof, together with interest at 
ten per cent a year from December seventh upon all taxes 
not then paid, in the same manner as the state treasurer may 
enforce the collection of state taxes, and the county tax 
assessed against any town shall not be deemed paid until the 
whole amount of the warrant together with said interest from 
December seventh to the date of payment has been received 
by said treasurer; provided that in the case of any un- 
incorporated place the county treasurer shall assess to the 
owner or owners of real estate in said place, as certified by 
the tax commission under the provisions of section 2 of chap- 
ter 67, the taxes apportioned to such place for the time being, 
and collect the same from said owners or as otherwise 
provided. 

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

[Approved March 23, 1939.] 



1939] 



Chapters 43, 44 



35 



CHAPTER 43. 

AN ACT RELATING TO PHARMACIST'S EQUIPMENT. 



Section 
2. Takes effect. 



Section 

1. Equipment for registered retail 
drug stores. 

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

1. Registered Retail Drug Stores. Amend chapter 210 of 
the Pubhc Laws by inserting after section 42 the following 
new section: 42-a. Equipment. Each retail drug store 
registered with the board shall be equipped with proper 
pharmaceutical utensils, as determined by the board, so that 
prescriptions can be properly filled and United States Pharma- 
copoeia and National Formulary preparations properly com- 
pounded. The board shall prescribe the minimum of such pro- 
fessional and technical equipment which such drug store shall 
at all times possess. No permit for registration as a retail 
drug store shall be issued or renewed until or unless said store 
complies with the provisions hereof and the board may 
suspend or revoke a permit whenever the professional or 
technical equipment fails to conform with that prescribed as 
aforesaid. 

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

[Approved March 29, 1939.] 



CHAPTER 44. 

AN ACT RELATING TO THE PRACTICE OF DENTISTRY. 



Section 

\. State dental board. 

2. Quorum. 

3. Compensation of board. 

4. Application for examination. 

5. Repeal. 



Section 

6. Recognized dental schools. 

7. Registration. 

8. Neglect to register. 

9. Fees. 

10. Interstate provisions. 

11. Takes effect. 



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

1. State Dental Board. Amend section 1 of chapter 205 of 
the Public Laws by inserting after the word "years" in the 



36 Chapter 44 [1939 

fourth line the words, and each shall continue in office until 
his successor is appointed and qualified, so that said section 
as amended shall read as follows: 1. Appointment; Term; 
Removal. There shall be a New Hampshire state dental board 
of three members. One shall be appointed each year by the 
governor, with the advice and consent of the council, for a 
term of three years, and each shall continue in office until his 
successor is appointed and qualified, unless sooner removed by 
the same authority for cause. Vacancies shall be filled by 
appointment in like manner for the unexpired term. 

2. Quorum. Amend section 3 of chapter 205 of the Public 
Laws by inserting after the word "thereof" in the second line, 
the following words: Two members of said board shall con- 
stitute a quorum, so that said section as amended shall read: 
3. Organization; Meetings; Records. Said board shall choose 
one of its members president and one secretary-treasurer 
thereof. Two members of said board shall constitute a 
quorum. It shall meet once a year and at such other times 
and places as it may deem proper. The records of its proceed- 
ings shall be open to public inspection. 

3. Compensation. Amend section 5 of chapter 205 of the 
Public Laws by inserting after the word "fees" in line five the 
words, and fines, so that said section as amended shall read 
as follows: 5. Compensation. The members of the board 
shall receive five dollars for each day actually engaged in the 
duties of the office and all necessary expenses. The secretary- 
treasurer of the board may receive a salary to be fixed by the 
board instead of the per diem of five dollars. Said board shall 
receive no compensation in excess of the amount of the fees 
and fines received and shall be of no expense to the state be- 
yond such amount. 

4. Applications. Amend section 7 of chapter 205 of the 
Public Laws by striking out the same, and inserting in place 
thereof the following: 7. Applications. Application for 
license shall be made to said board in writing, and shall be 
accompanied by a fee of twenty-five dollars and by satisfactory 
proof that the applicant is a graduate of a recognized dental 
school. The applicant shall be a citizen of the United States, 
of good moral character, and at least twenty-one years of age. 



1939] Chapter 44 37 

5. Repeal. Section 10 of chapter 205 of the Public Laws, 
relative to licenses granted without an examination, is hereby 
repealed. 

6. Recognized Dental Schools. Amend section 12 of chap- 
ter 205 of the Public Laws by striking out said section and in- 
serting in place thereof the following: 12. Rules. Said 
board shall make rules or regulations to establish a uniform 
and reasonable standard of educational requirements by which 
to determine what dental school shall be recognized here- 
under. 

7. Registration. Amend section 13 of chapter 205 of the 
Public Laws by striking out the same and inserting in place 
thereof the following: 13. Registration. Every person 
licensed to practice dentistry or dental hygiene in this state 
by said board, shall annually before April first notify said 
board of his office address, and pay to said board a registration 
fee of one dollar. He shall also notify said board promptly of 
any change of address. 

8. Neglect to Register. Amend section 14 of chapter 205 
of the Public Laws by striking out the same, and inserting in 

place thereof the following: 14. , Neglect. Any 

failure, neglect, or refusal on the part of any person licensed 
by said board to register as provided in section 13, shall work 
a forfeiture of such license, and no license, when once for- 
feited, shall be restored except upon the payment to said 
board of a fee of ten dollars for the renewal thereof. 

9. Fees. Amend section 17 of chapter 205 of the Public 
Laws by striking out the word "twenty" in line two and in- 
serting in place thereof the words twenty-five ; further amend 
said section by striking out the words "license or" after the 
word "every" in the second line; further amend said section 
by striking out the word and figure "section 10" after the 
word "in" in the fourth line, and inserting in place thereof the 
word and figure section 14, so that said section as amended 
shall read as follows: 17. Fees. The fee for each person 
applying for examination for a license is twenty-five dollars, 
and for every duplicate license to take the place of one lost or 
destroyed, issued by said board, except as provided in section 
14, five dollars. Any person failing to pass a satisfactory ex- 
amination at the first trial shall be entitled to be once re- 



38 Chapter 45 [1939 

examined at a future meeting of the board without additional 
payment. 

10. Interstate Provisions. Amend section 21 of chapter 
205 of the Pubhc Laws by striking out the same and inserting 
in place thereof the following: 21. Removal, to State. The 
dental board may in its discretion issue a license to practice 
dentistry or dental hygiene without examination to a legal 
practitioner who takes up his residence in this state, provided 
applicant is legally registered to practice dentistry or dental 
hygiene in the state from which he removes, and has been en- 
gaged in the actual practice of dentistry or dental hygiene for 
five years immediately preceding his application and removal, 
and provided he shall meet the requirements as prescribed in 
section 7, and further provided that the state from which he 
removes shall in like manner recognize licenses issued by the 
New Hampshire state dental board to licensees of this state 
who may wish to remove to such other state. 

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

[Approved March 29, 1939.] 



CHAPTER 45.^ 



AN ACT CLOSING NUBANUSIT LAKE IN THE TOWNS OF HANCOCK 

AND NELSON AND SPOONWOOD POND IN THE TOWN OF 

NELSON TO fCE FISHING. 



Section 

1. Pickerel. 

2. Ice fishing. 



Section 

3. Nubanusit lake. 

4. Takes effect. 



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

1. Pickerel. Amend paragraph IV, section 4 of chapter 
155 of the Laws of 1935, as inserted by section 1 of chapter 96 
of the Laws of 1937, by striking out the words, "Nubanusit 
lake in Hancock and Nelson," so that said paragraph as 
amended shall read as follows: IV. Newfound lake, Ogontz 
lake in Lyman, Pea Porridge pond in Madison and Conway, 
Pearl lake in Lisbon. 



* See chapters 118 and 169, post. 



1939] Chapter 46 39 

2. Ice Fishing. Amend paragraph IV of section 5 of chap- 
ter 155 of the Laws of 1935, as inserted by section 3, chapter 
96 of the Laws of 1937 by adding at the end thereof the 
words, Spoonwood pond in Nelson, so that said paragraph as 
amended shall read as follows: IV. North wood lake in 
Northwood and Epsom, Nutt pond in Manchester, Partridge 
lake in Lyman and Littleton, Pleasant lake in New London, 
Robs reservoir in Stoddard, Spoonwood pond in Nelson. 

3. Nubanusit Lake. Amend section 5 of chapter 155 of the 
Laws of 1935, as inserted by section 3 of chapter 96 of the 
Laws of 1937 by inserting after paragraph VII the following 
new paragraph: VIII. Nubanusit lake in Hancock and Nel- 
son from January first to February sixteenth. 

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

[Approved March 29, 1939.] 



CHAPTER 46. 

AN ACT RELATING TO APPLICATIONS FOR ABATEMENT OF TAXES. 



Section 
1. Application for abatement of 
taxes. 



Section 
2. Takes effect. 



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

1. Application for Abatement of Taxes. Amend section 
13, chapter 64 of the Public Laws by adding at the end of said 
section the words : All applications for abatement shall be in 
writing, so that said section as amended shall read as follows : 
13. By Selectmen. Selectmen, for good cause shown, may 
abate any tax assessed by them or by their predecessors. All 
applications for abatement shall be in writing. 

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

[Approved March 29, 1939.] 



40 Chapter 47 [1939 

CHAPTER 47. 

AN ACT RELATING TO THE DEFINITION OF DEALER IN THE LAW 
RELATING TO MOTOR VEHICLES. 



Section 
2. Takes effect. 



Section 

1. Motor vehicle finance com- 
panies. 

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

1. Motor Vehicle Finance Companies. Amend paragraph 
IV of section 1 of chapter 99 of the PubKc Laws, as amended 
by section 1 of chapter 52, Laws of 1927, and by section 2 of 
chapter 73, Laws of 1935, by adding thereto the following: 
and every person principally engaged in the business of buy- 
ing promissory notes secured by mortgage, conditional sale 
contract or lease upon motor vehicles, so that said paragraph 
IV shall read as follows: IV. "Dealer," every person prin- 
cipally engaged in the business of buying, selling, or exchang- 
ing new and secondhand motor vehicles on commission or 
otherwise, who maintains a place of business devoted exclu- 
sively to the motor vehicle business and who holds a written 
contract with a manufacturer giving such persons selling 
rights for new motor vehicles or with a distributor of such 
vehicles who as such distributor holds a manufacturer's 
franchise or contract giving selling rights on new motor 
vehicles, and every person principally engaged in the business 
of buying, selling, and exchanging secondhand motor vehicles 
and maintaining a place of business devoted exclusively to the 
motor vehicle business in which the repair of motor vehicles 
is subordinate or incidental to the business of buying, selling, 
and exchanging of the same, and every person principally en- 
gaged in the business of buying promissory notes secured by 
mortgage, conditional sale contract or lease upon motor 
vehicles. 

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

[Approved March 30, 1939.] 



1939] Chapter 48 41 

CHAPTER 48. 

AN ACT RELATING TO REGISTRATION FEES FOR VEHICLES CARRY- 
ING SPECIAL EQUIPMENT. 



Section 
2. Takes effect. 



Section 

1. Fees for motor vehicles carry- 
ing special equipment. 

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

1. Fees for Special Equipment. Amend paragraph III* of 
section 1 of chapter 102 of the Pubhc Laws as amended by- 
chapter 94 of the Laws of 1927 as amended by chapter 45 of 
the Laws of 1935, by adding at the end of said paragraph the 
foUowing: Well drilling machines on motor vehicle truck 
chassis and truck shovels on motor vehicle truck chassis shall 
pay one third of the above rates. Cement mixers, saw rigs 
and air compressors towed by motor vehicles shall pay one 
tenth of the above rates except when towed exclusively within 
the limits of a single city or town, in which case no fees for 
registration shall be collected, so that said paragral)h as 
amended shall read: IIL For each motor vehicle, including 
trailers and semi-trailers equipped with pneumatic tires, ex- 
cept motor cycles and motor cycle sidecars, the following rates 
based on the gross weight of the vehicle and load : All vehicles 
and load not exceeding four thousand pounds, thirty-five cents 
per hundred pounds; exceeding four thousand pounds and not 
exceeding six thousand pounds, forty-five cents per hundred 
pounds; exceeding six thousand pounds and not exceeding 
eight thousand pounds, fifty cents per hundred pounds ; ex- 
ceeding eight thousand pounds, sixty cents per hundred 
pounds. For all vehicles equipped with hard rubber tires the 
sum of twenty cents per hundred pounds shall be added to the 
above rates. For all vehicles equipped with iron, steel or other 
hard tires the sum of forty cents per hundred pounds shall be 
added to the above rates; provided, that the minimum fee as 
provided in this section shall be ten dollars for passenger 
vehicles and fifteen dollars for trucks. Tractors used for 
agricultural purposes only, tractors used for power purposes 
only that do not haul loads on the public highways, tractors 
used only on snow, and snowmobiles, shall pay one tenth of the 

* Amended, section 5, chapter 132, chapter 161, and section 4, chapter 189, 
post. 



42 Chapter 49 [1939 

above rates. Commercial vehicles or trucks used for agricul- 
tural purposes only and used on the public highways only be- 
tween portions of the farm upon which said vehicle or truck 
is operated that are not more than two miles apart by the 
highway at the points of entering upon or leaving, shall pay 
one tenth of the above rates. Well drilling machines on motor 
vehicle truck chassis and truck shovels on motor vehicle truck 
chassis shall pay one third of the above rates. Cement mix- 
ers, saw rigs and air compressors towed by motor vehicles 
shall pay one tenth of the above rates except when towed ex- 
clusively within the limits of a single city or town, in which 
case no fees for registration shall be collected. 

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

[Approved March 30, 1939.] 



CHAPTER 49. 

AN ACT RELATING TO THE REGISTRATION OF MOTOR VEHICLES. 



Section 

I. Motor vehicle licenses and regis- 
tration certificates. 



Section 
2. Takes effect. 



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

1. Motor Vehicle Licenses and Registration Certificates. 

Amend section 10 of chapter 161 of the Laws of 1937 by strik- 
ing out said section and inserting in place thereof the follow- 
ing: 10. Suspension, Duration. The suspension required 
in section 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 the person whose license or 
registration was so suspended, 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 unless 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 resulting 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 thereafter main- 



1939] Chapter 50 43 

tains proof of his financial responsibility. If the aggrieved or 
injured person or his legal representative 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 registra- 
tion certificates and registration plates provided he shall give 
and thereafter maintain proof of financial responsibility. A 
discharge in bankruptcy shall not relieve the judgment debtor 
from any of the requirements of this act. 

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

[Approved March 30, 1939.] 



CHAPTER 50. 

AN ACT REGULATING MOTOR VEHICLE JUNK YARDS. 



Section 

1. Definition. 

2. Prohibition. 

3. Nuisance. 



Section 

4. Penalty. 

5. Takes effect. 



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

1. Definition. The term "motor vehicle junk yard" as 
used in this act shall mean any yard or field used as a place 
of storage in which there are displayed to the public view two 
or more unregistered motor vehicles which are unfit for re- 
conditioning for use on the highways, or used parts of motor 
vehicles or materials from motor vehicles the sum of which 
parts or materials shall be equal in bulk to two or more motor 
vehicles. 

2. Prohibition. No person shall locate or maintain a motor 
vehicle junk yard within a distance of two hundred feet from 
the improved surface of any state or state-aided highway, 
trunk line or secondary highway unless the yard or field used 
for such motor vehicle junk yard shall have erected thereon a 
fence parallel to said highway for the full length of said yard 
or field along said highway and shall also have a further fence 
extending back from said parallel fence the full length of that 
portion of the yard or field used as such motor vehicle junk 



44 Chapter 51 [1939 

yard or for a distance of seventy-five feet, whichever distance 
shall be shorter, which said fence or fences shall be at least 
seven feet in height, shall be built of wood and the panels 
thereof shall be spaced not more than two inches apart. 

3. Nuisance. Any motor vehicle junk yard located or 
maintained in violation of the provisions of this act is hereby 
declared a nuisance and the same may be abated on complaint 
of any prosecuting officer. 

4. Penalty. Whoever violates any of the provisions of sec- 
tions 1 and 2 shall be fined not more' than one hundred dollars 
or imprisoned for not more than six months or both. 

5. Takes Effect. This act shall take effect ninety days 
after its passage. 

[Approved March 30, 1939.] 



CHAPTER 51. 



AN ACT RELATING TO THE ESTABLISHMENT OF MEMORIALS BY 
TOWNS AND CITIES. 

Section j Section 

1. Memorials. | 2. Takes effect. 

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

1. Memorials. Amend paragraph X, section 4, of chapter 
42 of the Public Laws, by striking out the whole of said para- 
graph and inserting in place thereof the following: X. 
Memorials. To procure and establish a monument, memorial 
building or testimonial to the services of soldiers and sailors 
of such town; to celebrate the return of its soldiers and to 
provide a hall or other suitable meeting place for a post of the 
Grand Army of the Republic, United Spanish War Veterans, 
American Legion or Veterans of Foreign Wars, located in the 
town, or to appropriate, if deemed more suitable, such sum of 
money as said town may deem satisfactory to help defray the 
expense of same. 

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

[Approved March 30, 1939.] 



1939] Chapter 52 45 

CHAPTER 52. 

AN ACT LIMITING THE TIME WITHIN WHICH A MARRIAGE CER- 
TIFICATE IS VALID. 



Section 

3. • Takes effect. 



Section 

1. Limitation of time. 

2. Solemnization o£ marriage. 

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

1. Limitation of Time. Amend section 23 of chapter 286 
of the Pubhc Laws by inserting at the end of said section the 
words: Said certificate shall be valid only for a period of 
ninety days from the date of issue, so that said section as 
amended shall read as follows: 23. Marriage Certificate. 
The clerk shall, not less than five days from the date on which 
the notice was entered in his office, deliver to the parties a 
certificate, under his hand, embodying the facts required in 
the preceding sections, specifying the time when notice of in- 
tention of marriage was entered with him, which certificate 
shall be delivered to the minister or magistrate who is to 
officiate, before he shall proceed to solemnize the marriage. 
Said certificate shall be valid only for a period of ninety days 
from the date of issue. 

2. Solemnization of Marriage. Amend section 31 of said 
chapter 286 by inserting after the word "clerk" in the third 
line the words, or with such a certificate which is not valid, so 
that said section as amended shall read as follows: 31. 
Penalty. If a minister or justice of the peace shall join any 
persons in marriage without having first received a certificate 
of the town clerk, or with such a certificate which is not vahd, 
as hereinbefore provided he shall forfeit for each offense sixty 
dollars. 

3. Takes EiTect. Thi« act shall take effect upon its 
passage. 

[Approved March 30, 1939.] 



46 Chapters 53, 54 [1939 

CHAPTER 53. 

AN ACT RELATING TO ACTIONS AGAINST TENANTS. 



Section 
3. Takes effect. 



Section 

1. Action after foreclosure of 

mortgage. 

2. Mortgagor holding without 

right. 

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

1. Action After Foreclosure of Mortgage. Amend section 
10 of chapter 357 of the Pubhc Laws by striking out the whole 
of said section and inserting in place thereof the following : 
10. Holding Over. If a lessee holds over after the expira- 
tion of a definite written lease, or a mortgagor in possession 
or one claiming by or under him refuses to surrender the 
premises after the foreclosure of the mortgage, seven days' 
notice shall be sufficient. 

2. Mortgagor Holding Without Right. Amend section 12 
of chapter 357 of the Public Laws by striking out the whole 
of said section and inserting in place thereof the following: 
12. Possessory Action. The owner, lessor or purchaser 
at a mortgage foreclosure sale of any tenement or real estate 
may recover possession thereof from a lessee, occupant, mort- 
gagor or other person in possessioVi, holding it without right, 
after notice in writing to quit the same as herein prescribed. 

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

[Approved March 30, 1939.] 



CHAPTER 54. 

AN ACT RELATING TO FRATERNAL BENEFIT SOCIETIES. 



Section 

1. Articles of association for new 

societies. 

2. Recording fee for domestic 

societies. 



Section 

3. Recording fee for foreign 

societies. 

4. Annual fees. 

5. Takes effect. 



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

1. New Societies. Amend section 27 of chapter 283 of the 
Public Laws by striking out the word "may" in the third line 



1939] Chapter 54 47 

and inserting in place thereof the word shall, so that said sec- 
tion as amended shall read as follows : 27. Articles of Asso- 
ciation. Seven or more citizens of the United States, a 
majority of whom are citizens of this state, who desire to 
form a fraternal benefit society, as defined by this chapter, 
shall form a corporation under the provisions of chapter 223. 
The articles of association shall state: I. The proposed cor- 
porate name of the society, which shall not so closely resemble 
the name of any society or insurance company already trans- 
acting business in this state as to mislead the public or to lead 
to confusion; 11. The purpose for which it is formed, which 
shall not include more liberal powers than are granted hereby ; 
provided, that any lawful social, intellectual, educational, 
charitable, benevolent, moral or religious advantages may be 
set forth among the purposes of the society, and the mode in 
which its corporate powers are to be exercised; III. The 
names, residences and official titles of all the officers, 
trustees, directors or other persons who are to have and 
exercise the general control and management of the affairs 
and funds of the society for the first year or until the ensuing 
election at which all such officers shall be elected by the 
supreme legislative or governing body, which election shall be 
held not later than one year from the date of the issuance of 
the final certificate. 

2. Domestic Societies. Amend chapter 283 of the Public 
Laws by inserting after section 29 the following new section: 
29-a. Recording Fee. The fee for recording the articles of 
association with the insurance commissioner, as provided by 
section 28, including the issuing by said commissioner of the 
preliminary certificate, shall be twenty-five dollars. 

3. Foreign Societies. Amend said chapter 283 by insert- 
ing after section 46 the following new section: 46-a. Record- 
ing Fee. The fee for recording the charter or articles of asso- 
ciation of a foreign society, as provided by section 46, shall be 
twenty-five dollars. 

4. Annual Fees. Amend section 99 of said chapter 283 
by adding after the figure "38" in the sixth line the figures, 
42, 43, 44, so that said section as amended shall read as 
follows : 99. Sections Applicable. Domestic corporations as 
described in section 1, governed by direct vote of their mem- 
bers, and doing business on January 1, 1914, may continue to 



48 Chapter 55 [1939 

transact business in this state. Such corporations and Hke 
societies incorporated under the provisions hereof sha41 be 
governed by sections 5, 13 to 16, 25 and 27 to 36, so far as the 
same are appHcable, by sections 37, 38, 42, 43, 44, 59 to 64, 67 
to 98, 110 to 113, 115, 117, 119 and 120, and in addition by the 
provisions of the next seven sections. 

5. Takes Effect. This act shall take effect July 1, 1939. 

[Approved March 30, 1939.] 



CHAPTER 55. 



AN ACT RELATIVE TO THE DEFINITION OF PERSONS ELIGIBLE FOR 
AID TO THE AGED. 



Section 

1. Qualifications for old age assist- 
ance. 



Section 
2. Takes effect. 



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

1. Qualifications for Old Age Assistance. Amend para- 
graph (a) of section 12 of chapter 202 of the Laws of 1937 
by striking out said paragraph and inserting in place thereof 
the following: (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 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 chil- 
dren 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 
assistance shall be sixty-five years. 

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

[Approved March 30, 1939.] 



1939] Chapters 56, 57 49 

CHAPTER 56. 

AN ACT RELATING TO THE PAYMENT OF THE POLL TAXES OF 

MARRIED WOMEN. 



Section 

L Liability for payment of poll 
taxes. 



Section 
2. Takes effect. 



Be it enacted by the Senate and House of Representatives in 
General Cou7't convened: 

1. Liability for Payment of Poll Taxes. Amend chapter 60 
of the Public Laws by inserting after section 4 thereof the 
following new section : 4-a. Married Women. The husband 
of any woman against whom a poll tax has been assessed shall 
be liable for the payment thereof as if the tax lawfully had 
been assessed against him, so long as they are living together 
as man and wife. 

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

[Approved March 30, 1939.] 



CHAPTER 57.* 
AN ACT RELATING TO THE TAKING OF WHITE PERCH. 



Section 
2. Takes effect. 



Section 

I. Taking white perch from 
Massabesic lake. 

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

1. Massabesic Lake. Amend section 10 of chapter 201 of 
the Public Laws as inserted by section 5, chapter 124 of the 
Laws of 1935 by adding at the end of said section the words, 
with the exception of Massabesic lake where white perch of 
any length and in any quantity may be taken and possessed at 
any time, so that said section as amended shall read as follows : 
10 . White Perch. White perch not less than seven inches in 
length may be taken and possessed from June first to Novem- 
ber first. A person may take a total of not more than ten 
pounds of white perch in one day, provided so long as he has 
taken less than ten pounds he shall be entitled to take one 



* See chapter 169, post. 



50 Chapters 58, 59 [1939 

additional fish, with the exception of Massabesic lake where 
white perch of any length and in any quantity may be taken 
and possessed at any time. 

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

[Approved March 30, 1939.] 



CHAPTER 58.* 

AN ACT TO CLOSE FOREST LAKE, WINCHESTER, TO ICE FISHING. 

Section I Section 

I. Closed to ice fishing. | 2. Takes efifect. 

Be it enacted hy the Senate and House of Representatives in 
General Cou7't convened: 

1. Closed to Ice Fishing. Amend paragraph I of section 5 
of chapter 155 of the Laws of 1935, as inserted by section 3, 
chapter 96 of the Laws of 1937, by adding at the end thereof 
the words, Forest lake in Winchester, so that said paragraph 
as amended shall read as follows: I. Arlington Mills reser- 
voir. Big Dan Hole pond in Ossipee and Tuftonboro, Ferrin 
pond in Weare, Gorham pond in Dunbarton, Forest lake in 
Winchester. 

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

[Approved March 30, 1939.] 



CHAPTER 59. 



AN ACT TO CLOSE THE TRIBUTARIES TO PISGAH RESERVOIR IN THE 
TOWN OF WINCHESTER TO ALL FISHING. 



Section 

1. Closing Pisgah reservoir to all 
fishing. 



Section 
2. Takes effect. 



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

1. Pisgah Reservoir. Amend paragraph VII of section 7, 
chapter 155, Laws of 1935, as inserted by section 4, chapter 



* See chapters 85, 97 and 169, post. 



1939] Chapter 60 51 

96, Laws of 1937, by adding at the end thereof the words, all 
tributaries of Pisgah reservoir in Winchester, so that said 
paragraph as amended shall read as follows : VII.* Pillsbury 
Reservation, in Washington and all brooks therein, all tribu- 
taries 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 approximately one 
hundred yards north from Chandler brook, all tributaries of 
Pisgah reservoir in Winchester. 

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

[Approved March 30, 1939.] 



CHAPTER 60. 

AN ACT RELATING TO THE POWERS OF THE SUPERIOR COURT. 

Section I Section 

1. Referees, auditors and masters. I 2. Takes effect. 

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

1. Superior Court. Amend chapter 316 of the Public 
Laws, as amended by chapter 86 of the Laws of 1929, by 
adding after section 18 the following new section: 19. 
Referees, Auditors and Masters. The court shall appoint as 
referees, auditors and masters and fix their salaries, such 
former justices of the supreme and superior court as have re- 
tired therefrom by age limitation, when so to do will expedite 
the business of the court; and they may be assigned to sit in 
any county in the state. 

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

[Approved March 30, 1939.] 



* See chapters 118 and 169, post. 



52 Chapter 61 [1939 

CHAPTER 61. 

AN ACT RELATING TO ICE CREAM AND SHERBETS. 



Section 

1. Manufacture and sale of 
cream and sherbets. 



Section 
2. Takes effect. 



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

1. Manufacture and Sale. Amend section 17, chapter 139, 
Public Laws, as amended by chapter 7, Laws of 1927, by strik- 
ing out the whole of said section and substituting in place 
thereof the following: 17. Ice Cream and Sherbets. No 
person, firm, company or corporation shall manufacture for 
sale within the state, distribute, keep for sale or sell any ice 
cream or sherbets which shall fail to conform to the following 
requirements respecting composition and methods of manu- 
facture : 

I. Ice Cream. Ice cream shall consist of the pure, clean, 
frozen product containing no other substances than cream, 
milk or other suitable milk products, eggs, sugar (sucrose), 
flavoring, with or without added coloring, and not more than 
one half of one per cent of wholesome edible stabilizer. It 
shall contain not less than fourteen per cent of milk fat, ex- 
cept that in the case of ice cream prepared with fruits, fruit 
juices, nuts, nut products, chocolate, or coffee, such fat content 
shall not be less than twelve per cent. Excepting in the case 
of sherbets as hereinafter specified, for the purpose of this 
section the words "ice cream" shall be construed as meaning 
and including any sweetened and flavored frozen products hav- 
ing the general appearance of ice cream and in the preparation 
of which a substantial amount of milk or of a milk product has 
been incorporated, regardless of the name by which such 
frozen product may be called or under which it may be sold, 
kept for sale, or offered for sale. Ice cream shall weigh not 
less than four and one-half pounds per gallon. 

II. Milk Sherbet. Milk sherbet shall consist of the pure, 
clean, frozen product made from a combination of milk or 
cream or other milk products and sugar, with or without 
water, with fruit, fruit oil or fruit juice flavoring as the only 
flavoring, with or without added coloring, with not less than 
thirty-five one hundredths of one per cent of fruit or lactic 



1939] Chapter 61 53 

acid, as determined by titrating with standard alkali and the 
result expressed as lactic acid, with or without added whole- 
some edible stabilizer, in the manufacture of which product 
freezing has been effected with or without agitation of the 
ingredients. It shall contain not less than four per cent and 
not more than eight per cent by weight of whole milk solids. 

III. Ice Sherbet. Ice sherbet, or water ice, shall con- 
sist of the pure, clean, frozen product made with water, sugar 
and fruit flavor, with or without harmless coloring, and with 
or without wholesome edible stabilizer. It shall contain no 
milk solids. 

IV. Exception as to Use of Saccharin. Nothing con- 
tained in section 3, paragraph V, of this chapter shall serve to 
prevent the manufacture and sale of ice cream and sherbets 
in which saccharin or a similar artificial sweetening agent has 
been substituted for sugar, where such manufacture and sale 
shall be solely for the purpose of providing a product for the 
bona fide use only of those consumers whose condition of 
health prevents the consumption of sugar in normal degree. 
No ice cream or sherbets so manufactured shall be dispensed 
from bulk, but shall be sold only in packages that are plainly 
and conspicuously labeled to show the presence of such sac- 
charin or similar artificial sw^eetening agent and the purpose 
of the latter's having been substituted for sugar, nor shall such 
ice cream or sherbets be manufactured or retailed unless the 
manufacturer or retailer thereof holds a permit to do so from 
the state board of health. Said permits shall be subject to 
revocation upon evidence of violation of any of the provisions 
of this paragraph. 

V. Pasteurization Required; Bacteria Limits. In the 
manufacture of ice cream and sherbets, all of the cream and 
milk used therein shall have been subjected to the standard 
process of pasteurization or to a process acceptable to the 
state board of health as equivalent thereto in effectiveness. 
The state board of health may make and may revise regu- 
lations respecting such pasteurization, also regulations estab- 
lishing limits for the bacteria content of ice cream and sher- 
bets and of the materials from which these are made. 

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

[Approved March 30, 1939.] 



54 ^ Chapters 62, 63 [1939 

CHAPTER 62.* 

AN ACT RELATING TO THE OPEN SEASON FOR TAKING PICKEREL 
FROM UMBAGOG LAKE AND LEONARD POND. 

Section I Section 

1. Taking pickerel. I 2. Takes efifect. 

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

1. Taking Pickerel. Amend paragraph VI of section 4 of 
chapter 155 of the Laws of 1935, as amended by section 1 of 
chapter 96 of the Laws of 1937, by striking out said paragraph 
and inserting in place thereof the following : VL 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, Winni- 
pesaukee river, all streams in the state inhabited by trout, and 
all lakes and ponds in Coos county inhabited by trout except 
Umbagog lake in Errol and Cambridge and except that part of 
Umbagog lake known as Leonard pond in Errol, and except 
the Magalloway river and its tributaries and the Andros- 
coggin river and its tributaries from Umbagog lake to Errol 
dam. 

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

[Approved April 5, 1939.] 



CHAPTER 63. 

AN ACT RELATING TO LANDLORD AND TENANT. 

Section I Section 

1. Period of notice to quit. I 2. Takes effect. 

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

1. Period of Notice to Quit. Amend section 3 of chapter 
357 of the Public Laws by striking out in line four the words 
"thirty days' notice" and substituting therefor the words, a 
notice equal to the rent period, so that said section as amended 
shall read as follows : 3. Notice to Quit. If a tenant or oc- 



* See chapter 169, post. 



1939] Chapter 64 55 

cupant neglects or refuses to pay rent due and in arrears, up- 
on demand, seven days' notice shall be sufficient. If the rent 
is payable more frequently than once in three months, whether 
such rent is due or not, a notice equal to the rent period shall 
be sufficient, and three months' notice shall be sufficient in all 
cases. 

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

[Approved April 5, 1939.] 



CHAPTER 64. 

AN ACT RELATING TO THE REGISTRATION OF REGISTERED NURSES. 



Section 

1. Annual permit for registered 

nurses. 

2. Annual lists forwarded. 



Section 

3. Public health nursing. 

4. Takes effect. 



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

1. Registered Nurses. Amend chapter 211 of the Public 
Laws by inserting after section 4 the following new section 
4-a: 4-a. Annual Permit. Every person who has at any 
time received a certificate of qualification to practice as a 
registered nurse, whether in this or any other state, shall, an- 
nually before June first, file his name and address with said 
commissioner, and before engaging in the practice of nursing 
in this state, shall also pay to the board of nurse examiners a 
fee of fifty cents, whereupon, if he has complied with all the 
requirements of this chapter, he will be granted a permit 
which shall entitle him to engage in such practice for the 
period ending on June first following. 

2. Annual Lists. Amend section 7 of chapter 211 of the 
Public Laws by inserting at the end thereof the following: 
On or before January first of each year, the commissioner 
shall send to each nurse holding a permit as provided in sec- 
tion 4-a, and to each hospital in the state, a list containing the 
names and addresses of all nurses holding permits as provided 
in said 4-a, so that said section 7 as amended shall read as 
follows: 7. Rules, Reports. The commissioner, with the 
advice of the examiners, shall make all necessary rules for the 



56 Chapter 65 [1939 

examination of nurses applying for certification hereunder, 
and shall report annually to the governor, the receipts and ex- 
penditures under the provisions hereof. The commissioner, on 
or before January first of each year, shall send to each nurse 
holding a permit as provided in section 4-a, and to each 
hospital in the state, a list containing the names and addresses 
of all nurses holding permits as provided in said 4-a. 

3. Prohibition. Amend section 10 of chapter 211 of the 
Public Laws by inserting after the word "nurse" in line three, 
the following words: holding a permit as provided in section 
4-a, and by inserting after the word "employed" in line four, 
the following words: in this state, so that said section as 
amended shall read as follows: 10. Public Health Nursing. 
No person shall engage in any of the various forms of public 
health nursing, unless such person is a registered nurse hold- 
ing a permit as provided in section 4-a; provided that this 
section shall not affect any person who, previous to July 1, 
1925, has been so employed in this state. 

4. Takes Effect. This act shall take effect June 1, 1939, 
and all acts or parts of acts inconsistent with this act are 
hereby repealed. 

[Approved April 5, 1939.] 



CHAPTER 65. 

AN ACT RELATING TO PEDESTRIANS. 

Section I Section 

1. Operation of motor vehicles. | 2. Takes effect. 

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

1. Operation of Motor Vehicles. Amend chapter 103 of 
the Public Laws as amended by chapter 76 of the Laws of 
1927 and chapter 125 of the Laws of 1937 by adding the 
following new sections after 17-d. 17-e. Right of Way. 

Pedestrians who are sightless and provided with a white cane 
as an indication thereof shall have the right of way on cross 
walks in compact parts of a city or town and an operator of 
a motor vehicle shall be prima facie guilty of negligence if he 
injures such pedestrians on such cross walk by means of a 



1939] Chapter 66 57 

motor vehicle. 17-f. Right of Way. Every person having 
control or charge of a motor vehicle shall when approaching 
pedestrians who are sightless and provided with a white cane 
as an indication thereof on a public highway outside the com- 
pact parts of a city or town exercise every reasonable pre- 
caution to insure the safety and protection of such pedestrians 
and their guides, and if necessary shall stop said motor 
vehicles. 

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

[Approved April 5, 1939.] 



CHAPTER 66. 



AN ACT RELATIVE TO THE REGISTRATION FEE OF NON-RESIDENT 
CIRCUS MOTOR VEHICLES. 



Section 

1. Non-resident circus motor 
vehicles. 



Section 
2. Takes effect. 



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

1. Non-resident Circus Motor Vehicles. Amend paragraph 
X of section 1, chapter 102, Public Laws, as inserted by sec- 
tion 2, chapter 170, Laws of 1933, by adding at the end there- 
of the following, for a period not exceeding seven days and 
one dollar for each day thereafter, so that said paragraph as 
amended shall read as follows: X. For each motor vehicle 
owned by a non-resident under permit as provided in section 
31-a, chapter 100 of the Public Laws, seven dollars for a period 
not exceeding seven days and one dollar for each day there- 
after. 

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

[Approved April 6, 1939.] 



58 Chapters 67, 68 [1939 

CHAPTER 67. 

AN ACT RELATIVE TO REPORTS TO BE MADE BY COURTS TO THE 
MOTOR VEHICLE DEPARTMENT. 



Section 

1. Reports of motor vehicle viola- 
tions. 



Section 
2. Takes efifect. 



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

1. Motor Vehicle Violations. Amend section 23 of chapter 
102 of the Public Laws by striking out the word "forthwith," 
in the fourth and fifth lines and inserting in place thereof the 
words, within five days, so that said section as amended shall 
read as follows: 23. Records; Reports. A full record shall 
be kept by every court or justice in this state of every case 
in which a person is charged with a violation of any of the 
provisions of any law relative to motor vehicles, and an ab- 
stract of the record in cases of conviction shall be sent within 
five days by the court or justice to the commissioner. Said 
abstracts shall be made upon forms prepared by the commis- 
sioner and shall include all necessary information as to the 
parties to the case, the nature of the offense, the date of the 
hearing, the plea and the judgment, and shall be certified by 
the clerk of the court or by the justice. The commissioner 
shall keep such records in his office and they shall be open to 
the inspection of any person. 

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

[Approved April 6, 1939.] 



CHAPTER 68. 



AN ACT RELATIVE TO THE ATTACHMENT OF NUMBER PLATES ON 

MOTOR VEHICLES. 

Section 1 Section 

1. Motor vehicle number plates. 1 2. Takes efifect. 

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

1. Motor Vehicle Number Plates. Amend section 1 of 
chapter 103 of the Public Laws, as amended by chapter 94 of 



1939] Chapter 69 59 

the Laws of 1933, by inserting after the word "vehicle" in the 
sixth hne the words, in a rigid position, so that said section as 
amended shall read as follows: 1. How Attached. Every 
motor vehicle operated in or on any way in this state shall 
have its register number displayed conspicuously thereon on 
the two number plates furnished by the commissioner, one to 
be attached at the front and the other at the rear of said 
vehicle, in a rigid position, so that the plates and the register 
number thereon shall be always plainly visible. The bottom 
of each number plate shall be horizontal and not less than 
fifteen and not more than forty-eight inches from the ground, 
provided that the commissioner may make special regulations 
relative to the location of number plates displayed on the rear 
of motor trucks. The plates shall be kept clean. 

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

[Approved April 6, 1939.] 



CHAPTER 69. 

AN ACT RELATING TO SCHOOL BUSSES. 



Section 

L School busses; operation at 
railroad crossing ; inspection 
of. 



Section 
2. Takes effect. 



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

1. School Busses. Amend chapter 103 of the Public Laws 
by inserting after section 8-a, as inserted by chapter 107 of 
the Laws of 1935, the following new sections: 8-b. Opera- 
tion at Railroad Crossing. When a highway crosses the 
tracks of a steam railroad at grade crossing the driver of any 
school bus transporting school children shall, when approach- 
ing the point of intersection stop his motor vehicle not more 
than fifty feet and not less than twenty feet from said cross- 
ing, and before attempting to cross shall carefully examine 
for approaching trains and shall not proceed until he has as- 
certained that no trains are approaching. 8-c. Authority of 
Commissioner to Inspect. The commissioner shall have 
authority, through his duly authorized agents, to inspect any 



60 Chapters 70, 71 [I939 

motor vehicle used for the purpose of transporting school 
children to determine the fitness of such motor vehicle for 
such purpose and if he finds that such vehicle is unfit for such 
purpose he may refuse to permit such vehicle to be designated 
as a school bus as provided by section 8-a. 

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

[Approved April 6, 1939.] 



CHAPTER 70. 



AN ACT RELATIVE TO EXCEPTIONS TO THE LAW REGARDING ONE 
DAY REST IN SEVEN. 

Section I Section 

1. One day rest in seven, excep- | 2. Takes effect, 
tions. I 

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 Public Laws, as inserted by chapter 130 of the 
Laws of 1933, and as amended by chapter 129 of the Laws 
of 1937, by adding at the end thereof a new paragraph VII 
as follows: VII. Employees engaged in the canning of 
perishable goods. 

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

[Approved April 6, 1939.] 



CHAPTER 71. 

AN ACT RELATING TO THE STIMULATION OF RACE HORSES. 



Section 
2. Takes effect. 



Section 

1. Malicious interference with 
race horses; penalty. 

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

1. Race Horses. Amend section 13-a of chapter 27 of the 
Laws of 1935 as inserted by chapter 77 of the Laws of 1937, 
by adding at the end thereof the following : and the owner of 



* Amended, chapter 181, post. 



1939] 



Chapter 72 



61 



any race horse engaged in racing within this state that is 
found to have been stimulated or doped, or any entry of which 
such horse is a part, shall be denied any part of the purse 
offered for such race, and the purse shall be distributed as in 
the case of a disqualification, so that said section as amended 
shall read as follows : 13-a. MaUcious 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 appliance^ 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, and the owner of any 
race horse engaged in racing within this state that is found 
to have been stimulated or doped, or any entry of which 
such horse is a part, shall be denied any part of the purse 
offered for such race, and the purse shall be distributed as in 
the case of a disqualification. 

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

[Approved April 6, 1939.] 



CHAPTER 72. 

AN ACT RELATING TO BUILDING AND LOAN ASSOCIATIONS, LEGAL 

INVESTMENTS OF GUARDIANS AND TRUSTEES OF TOWN 

TRUST FUNDS. 



Section 

1. Building and loan associations. 

2. Instalment shareholders. 

3. Share certificates. 

4. Paid-up share certificates. 

5. Withdrawal of share certifi- 

cates. 

6. Retirement. 

7. Investment share certificates. 

8. Withdrawal of shares. 



Section 

9. Investment of excess funds. 

10. Investment by guardians. 

11. Town trust funds. 

12. Consolidation of corporation. 

13. Joint accounts. 

14. Guaranty fund. 

13. Building and loan shares. 

16. Death of shareholder. 

17. Takes effect. 



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

1. Building and Loan Associations. Amend section 5 of 
chapter 266 of the Public Laws by striking out the word "the" 



62 Chapter 72 [1939 

in the third line and inserting in place thereof the word, in- 
stalment, so that said section as amended shall read as 
follows : 5. Shares. The capital stock of any such corpora- 
tion shall be unlimited, and shall be divided into shares of the 
ultimate value of two hundred dollars each. Instalment shares 
may be issued in quarterly, half-yearly or yearly series, each 
series to consist of such number of shares as the members may 
determine ; but no shares of a prior series shall be issued until 
said series shall have been five years in force. 

2. Instalment Shareholders. Amend section 8 of said 
chapter 266 by inserting the word, instalment, after the word 
"its" in the first line so that said section as amended shall read 
as follows: 8. Dues. Any such corporation may collect of 
its instalment shareholders monthly dues of one dollar upon 
each share held by them, until the ultimate value of the shares 
reaches two hundred dollars each or they are withdrawn, can- 
celled or forfeited. 

3. Share Certificates. Amend section .13 of said chapter 
266 as amended by chapter 26, Laws of 1933, by inserting 
after the word "paid-up" in the third line the word, share, so 
that said section as amended shall read as follows: 13. 
Borrowing-. It may borrow money to pay off members for 
matured shares, for making loans, withdrawal of shares, en- 
forced withdrawals or for the payment of paid-up share cer- 
tificates, not exceeding such per cent of its capital paid in as 
dues as may be approved by the commissioner, and with his 
approval may pledge as collateral for such borrowings real 
estate mortgages, notes or other securities. 

4. Paid-up Share Certificates. Amend section 21 of said 
chapter 266 by inserting the word, share, after the word 
"paid-up" in the fourth line and by striking out the word 
"interest" where it occurs in lines five and seven and 
inserting in place thereof the word, dividends, so that 
said section as amended shall read as follows: 21. Issue. 
Whenever shares shall mature or become of the value of two 
hundred dollars each, or when the withdrawal of shares is en- 
forced, the holder thereof may, if he chooses, and at the option 
of the board of directors, receive paid-up share certificates 
in denominations of two hundred dollars, or multiples thereof, 
bearing dividends at a rate not to exceed five per cent per 
annum, payable semi-annually, for such sum as may be left 



1939] Chapter 72 63 

in said association, which dividends shall not be allowed to 
accumulate beyond the time of payment, but shall be paid 
semi-annually to the holder of such certificates. 

5. Amendment. Amend section 23 of said chapter 266 by 
inserting the word, share, before the word "certificates" in 
the first and fifth lines so that said section as amended shall 
read as follows: 23. Withdrawals. Any holder of paid-up 
share certificates may withdraw his money by giving at least 
thirty days' notice thereof; but the board of directors of the 
association may, if necessary, refuse to use more than one 
half of the funds in the treasury for that purpose, and shall 
pay the share certificates in the order in which notices of 
withdrawal are received as fast as the funds in the treasury 
shall permit. 

6. Amendment. Amend section 24 of said chapter 266 by 
inserting the word, share, after the word "paid-up" in the 
first line so that said section as amended shall read as follows : 
24. Retirement. Paid-up share certificates may be paid off" 
at any time at the option of the board of directors. 

7. Investment Share Certificates. Amend section 25 of 
said chapter 266, as amended by section 2 of chapter 82 of the 
Laws of 1935 and by section 5, chapter 106, Laws of 1937, by 
inserting before the word "certificates" where it occurs in 
the seventh and ninth lines the word, share, so that said sec- 
tion as amended shall read as follows: 25. Investment 
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. 
The amount of investment share certificates which may be 
issued shall not exceed twenty per cent of other liabilities. No 
person shall hold more than two thousand dollars in these 
share certificates. Withdrawal of investment share cer- 
tificates shall be subject to the same provisions as apply to 
paid-up share certificates. 

8. Withdrawal of Shares. Amend said chapter 266 by in- 
serting after section 17 the following new section: 17-a. 
Limitation. For shares issued after July 1, 1939, corpora- 
tions may by by-law provide that when the aggregate of calls 
for withdrawal exceeds the funds available the directors maj'' 
limit the amount to be paid each month to each withdrawing 



64 Chapter 72 [1939 

shareholder provided that said limitation shall not apply to 
calls for withdrawals of amounts of one hundred dollars or less 
to a shareholder, and further provided the amount to be paid 
on calls for over one hundred dollars shall in no event be 
limited to less than one hundred dollars each month. 

9. Investment of Excess Funds. Amend section 14-c of 
said chapter 266 as inserted by section 3, chapter 106, Laws 
of 1937, by inserting after paragraph II the following new 
paragraphs: III. In the shares of any other building and 
loan association, savings and loan association or co-operative 
bank doing business in this state provided that the limitation 
imposed by section 22 shall apply to investments hereunder 
and no association shall sell shares to another corporation, nor 
permit the transfer of shares, in excess of said limitation. IV. 
In notes secured by mortgage which the federal housing ad- 
ministration has insured, or made commitment to insure, if 
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. 

10. Investments by Guardians. Amend paragraph II, 
section 22 of chapter 290 of the Public Laws, as amended by 
chapter 71 of the Laws of 1931, and chapter 8, Laws of 1937, 
by adding at the end thereof the words, or in shares of any 
building and loan association or co-operative bank, in- 
corporated and doing business under the laws of this state, or 
in the shares of any federal savings and loan association, 
located and doing business in this state, so that said para- 
graph as amended shall read as follows: II, By deposit in 
some incorporated savings bank in this state, or in the sav- 
ings department of a national bank or trust company located 
in this state, or in shares of any building and loan association 
or co-operative bank, incorporated and doing business under 
the laws of this state, or in the shares of any federal savings 
and loan association, located and doing business in this state. 

11. Town Trust Funds. Amend section 22, chapter 42 of 
the Public Laws, as amended by chapter 100 of the Laws of 
1929 and chapter 46 of the Laws of 1933 by inserting in the 
fifth line after the word "state" the words, or in shares of any 
building and loan association or co-operative bank, in- 
corporated and doing business under the laws of this state, 
or in the shares of any federal savings and loan association, 



1939] Chapter 72 65 

located and doing business in this state, so that said section as 
amended shall read as follows: 22. Custody; Investments. 
The trustees shall have the custody of all trust funds held by 
their town. The funds shall be invested only by deposit in 
some savings bank or in the savings department of a national 
bank or trust company in this state, or in shares of any build- 
ing and loan association or co-operative bank, incorporated 
and doing business under the laws of this state, or in the 
shares of any federal savings and loan association, located 
and doing business in this state, or in bonds, notes or other 
obligations of the United States government, or in state, 
county, town, city, school district, water and sewer district 
bonds and the notes of towns or cities in this state ; and when 
so invested the trustees shall not be liable for the loss thereof. 
The trustees may retain investments as received from donors, 
until the maturity thereof. 

12. Consolidation of Corporations. Amend chapter 266 of 
the Public Laws by inserting after section 25-a, as inserted by 
section 6, chapter 106, Laws of 1937, the following new sec- 
tion: 26. Procedure. Any building and loan association in- 
corporated under the laws of this state, or the holders of a 
majority of the stock thereof, and any co-operative bank, in- 
corporated under the laws of this state, or the holders of a 
majority of the stock thereof, or any other building and loan 
association incorporated under the laws of this state, or the 
holders of a majority of the stock thereof, may apply by 
petition to the superior court for a decree authorizing a union 
of said building and loan association with said co-operative 
bank or other building and loan association and a dissolution 
of said first named building and loan association in the manner 
as provided by chapter 263 of the Public Laws, as amended by 
chapter 27 of the Laws of 1938. 

13. Building and Loan Associations. Amend section 6-a of 
said chapter 266 of the Public Laws, as inserted by chapter 
125, Laws of 1933, by striking out the words "interest and" in 
line four, so that said section as amended shall read as follows : 
6-a. Joint Accounts. When an account in any building and 
loan association has been opened in the names of two persons 
payable to either or payable to the survivor, such account, to- 
gether with dividends thereon may be withdrawn by either of 
said persons whether the other be living or not, and the pay- 



66 Chapter 72 [1939 

merit by said bank to either of said persons of the whole or any 
part of said account upon the demand or request of either of 
said persons shall discharge the bank for any payment so 
made ; provided that if one of the parties has deceased and the 
bank has knowledge of the fact, pajrment shall not be made to 
the survivor until the state treasurer has certified that no taxes 
are due the state under the provisions of chapter 72 on account 
of the interest of the deceased in said account, or that all taxes 
have been paid. 

14. Amendment. Amend section 14-b of chapter 266 of 
the Public Laws, as inserted by section 3, chapter 26 of the 
Laws of 1933 and amended by section 2, chapter 106, Laws of 
1937, by striking out the word "interest" in the ninth line and 
inserting in place thereof the word, dividend, so that said sec- 
tion as amended shall read as follows : 14-b. Guaranty Fund. 
Every building and loan association shall, at each distribution 
of profits reserve as a guaranty fund not less than five per 
cent of its net profits accrued since the last preceding distribu- 
tion, 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 commissioner it may also 
be used to maintain the distribution of profits at the same rate 
of dividend and for any other purpose. The board of direc- 
tors 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. 

15. Building and Loan Shares. Amend section 18 of chap- 
ter 266 of the Public Laws by striking out the word "interest" 
in line three and inserting in place thereof the word, 
dividends, so that said section as amended shall read as 
follows: 18. Withdrawals, Amount. If the withdrawal 
takes place within a year after the shareholder became a mem- 
ber of the corporation he shall be entitled to receive the 
amount of the dues paid by him, without dividends or profits, 
less all fines and other charges against him and his proportion- 
ate part of any unadjusted loss; if it does not take place until 
after the expiration of such year he shall be entitled to re- 
ceive the value of his shares, as determined by the directors, 
less his fines, charges and proportionate share of unadjusted 



1939] Chapter 73 67 

losses, and less such proportion of the profits previously 
credited to the shares as the by-laws provide. 

16. Amendment. Amend section 20 of chapter 266 of the 
Public Laws by striking out the words, "interest and" in line 
three, so that said section as amended shall read as follows: 
20. Death of Shareholder. Upon the death of a shareholder, 
his legal representatives shall be entitled to receive the full 
amount paid in by him, together with an equitable proportion 
of the profits pertaining to his shares, less all fines and charges 
against him at the time of his decease and a proportionate 
share of any unadjusted losses then existing. 

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

[Approved April 6, 1939.] 



CHAPTER 73.^ 



AN ACT TO CLOSE NEW INLET BROOK, TRIBUTARY TO BACK LAKE, 
PITTSBURG, TO FISHING. 

Section | Section 

1. CJpsed to all fishing. I 2. Takes effect. 

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

1. Closed to All Fishing. Amend paragraph I, section 7, 
chapter 155, Laws of 1935, as inserted by section 4, chapter 
96, Laws of 1937, by adding at the end thereof the following: 
the New Inlet brook from Back lake road to Back lake also a 
radius of one hundred feet out from the mouth of said brook 
into Back lake, Pittsburg, so that as amended said paragraph 
shall read as follows: 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, the New Inlet brook from Back lake road to Back 
lake also a radius of one hundred feet out from the mouth of 
said brook into Back lake, Pittsburg. 



* See chapter 169, post. 



68 Chapters 74, 75 [1939 

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

[Approved April 6, 1939.] 



CHAPTER 74.* 



AN ACT TO CLOSE LAKE KATHERINE IN THE TOWN OF PIERMONT 

TO ALL FISHING. 

Section I Section 

1. Lake Katherine. I 2. Takes effect. 

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

1. Lake Katherine. Amend section 7 of chapter 155 of the 
Laws of 1935, as inserted by section 4, chapter 96, Laws of 
1937, by inserting after paragraph XII, as inserted by chapter 
35, Laws of 1939, the following new paragraph : XIII. Lake 
Katherine in the town of Piermont for the purpose of propa- 
gating white perch. 

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

[Approved April 6, 1939.] 



CHAPTER 75. 



AN ACT ESTABLISHING COUNTY COMMISSIONER DISTRICTS IN THE 
COUNTY OF CHESHIRE. 



Section 

1. Cheshire county commissioner 
districts established. 



Section 
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, chapter 43 of the Laws of 1937 and 
chapter 83 of the Laws of 1937, by adding after section 24 the 
following new sections; 25. Cheshire County Districts. 
For the purpose of the nomination and election of the county 



See chapter 169, post. 



1939] Chapter 76 69 

commissioners in Cheshire county said county shall be divided 
into three districts as follows: District 1, Alstead, Mar- 
low, Walpole, Surry, Gilsum, Westmoreland, Chesterfield, 
Sullivan, Stoddard and Hinsdale ; district 2, Keene ; district 3, 
Harrisville, Roxbury, Nelson, Dubhn, Marlborough, Swanzey, 
Troy, Jaffrey, Winchester, Richmond, Fitzwilliam and Rindge. 
26. Eligibility. No person shall be eligible to be a candidate 
for county commissioner except from the district in which he 
is a resident. 27. 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 commis- 
sioner from that district. 

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

[Approved April 6, 1939.] 



CHAPTER 76. 

AN ACT RELATING TO MORTUARY REGULATIONS. 



Section 

1. Separability clause. 

2. Qualifications for practice of 

embalming. 



Section 
3. Takes efifect. 



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

1. Mortuary Regulations. Amend chapter 143 of the 
Public Laws as inserted by chapter 95 of the Laws of 1935 by 
adding at the end thereof the following new section: 63. 
Separability. If any provision of this act is declared un- 
constitutional, or the application thereof to any person or cir- 
cumstances 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. 

2. Qualifications. Amend section 13 of said chapter 143, 
as inserted by said chapter 95, by striking out the words 
"graded or rated by the Conference of Embalmers' Examining 
Boards of the United States, Inc.," and inserting in place 
thereof the words, maintaining at that time a standard satis- 
factory to the board, so that said section as amended shall read 



70 Chapter 77 [1939 

as follows: 13. Embalmers. No person shall embalm dead 
human bodies or engage or hold himself out as engaged in em- 
balming whether on his own behalf or in the employ of an- 
other, unless he shall be at least twenty-one years of age, a 
citizen of the United States, be of good moral character, shall 
hold a diploma or certificate showing completion of a high 
school course or its equivalent, shall have completed a one- 
year course in apprenticeship under the supervision and in- 
struction of a duly registered embalmer actively engaged in 
embalming in this state and shall have completed a full course 
of instruction in an embalming school maintaining at that time 
a standard satisfactory to the board, and pass such examina- 
tions as the board may deem proper to ascertain his efficiency 
and qualifications to engage in embalming, and obtain a cer- 
tificate of registration from the board to that eflfect. 

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

[Approved April 6, 1939.] 



CHAPTER 77. 



AN ACT RELATING TO INTERSTATE AUTHORITY FOR THE PORTS- 
MOUTH-KITTERY BRIDGE AND APPROACHES THERETO. 



Section 

1. Federal consent for bridge com- 

pact. 

2. Ratification. 



Section 
3. Takes effect. 



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

1. Amendment. Section 12 of chapter 4 of the Laws of 
the special session of 1936 is hereby amended by striking out 
the whole thereof and substituting in place thereof the follow- 
ing: 12. Federal Consent. No sum shall be expended by 
the Authority unless and until the Authority shall have ob- 
tained the consent of the Congress of the United States to 
said compact and to the construction, maintenance and opera- 
tion of said toll bridge, nor unless and until it shall also have 
obtained the approval of the plans for said bridge by the chief 
of engineers and by the secretary of war of the United States, 
provided, however, that the failure of the Authority to receive 



1939] Chapter 78 71 

such consent and approval, or either of them, shall not in any- 
way affect the validity of any bonds of the Authority or the 
security therefor. 

2. Ratification. Nothing herein contained is intended to 
invalidate any action heretofore taken by The Maine-New 
Hampshire Interstate Bridge Authority, all such action being 
hereby ratified and confirmed. 

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

[Approved April 6, 1939.] 



CHAPTER 78. 

AN ACT RELATIVE TO THE INSPECTION OF MOTOR VEHICLES. 

Section I Section 

1. Inspection of motor vehicles. | 2. Takes effect. 

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

1. Inspection of Motor Vehicles. Amend section 6-b, 
chapter 100, Public Laws, as inserted by chapter 80, Laws of 
1931, by inserting before the words "the commissioner" the 
words: Any person failing to comply with the rules of the 
commissioner relative to inspection shall be fined not more 
than twenty-five dollars, and, so that said section as amended 
shall read as follows: 6-b. Penalty. Any person failing to 
comply with the rules of the commissioner relative to inspec- 
tion shall be fined not more than twenty-five dollars, and the 
commissioner may refuse to register any motor vehicle or 
trailer which has not been inspected as required or which is 
unsafe or improperly equipped or otherwise unfit to be 
operated, and for similar reasons he may revoke any registra- 
tion already made. 

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

[Approved April 12, 1939.] 



72 



Chapter 79 



[1939 



CHAPTER 79. 

AN ACT MAKING SUNDRY CHANGES IN THE SALE OF SECURITIES 

LAW. 



Section 


Section 


1. Sales of securities by local 


3. Application for registration as 


corporations. 


dealer. 


2. Information required to be 


4. Repeal. 


furnished to insurance com- 


5. Qualification of securities. 


missioner. 


6. Takes effect. 



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

1. Sales of Securities by Local Corporations. Amend sec- 
tion 5 of chapter 284 of the Public Laws, as amended by sec- 
tion 3 of chapter 35 of the Laws of 1937, by striking out the 
whole of said section and inserting in place thereof the 
following: 5. Status as Dealers in Securities. Such cor- 
poration and its officers, agents and employees so licensed shall 
be regarded as dealers in securities under the provisions of 
this chapter. Such licensees shall furnish to the commis- 
sioner, upon a form to be furnished by him, under the oath of 
such responsible officer of the corporation as the commissioner 
may require, an annual financial statement, and whenever re- 
quested by the commissioner shall furnish such additional and 
other statements under such oath, concerning the assets, 
liabilities, and other financial matters of the corporation as he 
may require. 

2. Information Required to be Furnished to Insurance 
Commissioner. Amend section 8-a of chapter 284 of the Pub- 
lic Laws as inserted by section 4 of chapter 35 of the Laws of 
1937, by striking out said section and inserting in place there- 
of the following: 8-a. Information and Financial State- 
ments. The commissioner may examine or cause to be ex- 
amined at the expense of the applicant or dealer the affairs 
and condition of a registered dealer in securities or an ap- 
plicant who desires to become registered as such dealer. An 
applicant shall furnish in addition to the information required 
in the application such other documentary evidence of condi- 
tion and responsibility as the commissioner may require, in- 
cluding without limiting the generality of the foregoing, au- 



1939] Chapter 79 73 

thentic copies of articles of incorporation, partnership agree- 
ments, by-laws, balance sheets and earning statements. Every 
licensed dealer in securities shall furnish under the oath of 
such responsible member or members of the dealers' organiza- 
tion as the commissioner may require an annual statement ex- 
hibiting with reasonable detail the assets, liabilities, and other 
financial matters of the dealer, upon a form to be furnished 
by the commissioner, and whenever requested by the commis- 
sioner shall furnish such additional and other statements un- 
der such oath concerning the business of the dealer as he may 
require. 

3. Application for Registration as Dealer. Amend section 
11 of chapter 284 of the Public Laws as amended by section 5 
of chapter 35 of the Laws of 1937, by striking out said sec- 
tion and inserting in the place thereof the following: 11. 
Period of Time for Investigation. The application filed with 
the commissioner for registration as a dealer may be held for 
investigation for a period of four weeks from the date when 
the application reaches the commissioner. 

4. Repeal. Section 13 of chapter 284 of the Public Laws 
as amended by section 7 of chapter 35 of the Laws of 1937 is 
hereby repealed. 

5. Qualification of Securities. Amend section 28-a of 
chapter 284 of the Pubhc Laws, as inserted by section 10 of 
chapter 35 of the Laws of 1937, by striking out the whole 
thereof and inserting in place thereof the following: 28-a. 
Qualification of Secui'ities. No registered dealer or his sales- 
men or agents shall sell or offer for sale securities, except those 
legal for investments for savings banks in this state and ex- 
cept such other securities as may be designated under such 
rules and regulations as the commissioner may prescribe, un- 
less such sale has been approved by the commissioner. A dealer 
desiring to qualify such securities shall submit to the commis- 
sioner such descriptive, statistical or documentary information 
as he may require. The commissioner shall within five days 
after such information is submitted approve or disapprove the 
sale of such securities and so notify the dealer. The commis- 
sioner may prescribe rules and regulations to carry out the 
purposes hereof. 



74 



Chapter 80 



[1939 



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

[Approved April 12, 1939.] 



CHAPTER 80. 




AN ACT GOVERNING HOSPITAL SERVICE CORPORATIONS. 




Section 


Section 




1. Definition. 


7. Reports and examinations. 




2. Incorporation. 


8. Investments. 




3. Licenses to hospital service 


9. Liquidation or merger. 




corporation. 


10. Workmen's compensation 


law 


4. Licenses to agents. 


not affected. 




5. Form of contract. 


11. Fraternal benefit societies, 


etc. 


6. Rates and contracts to be 


12. Takes effect. 




approved. 







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

1. Definition. A hospital service corporation is defined as 
a non-profit sharing corporation without capital stock 
organized under the laws of the state for the purpose of estab- 
lishing, maintaining and operating a plan whereby hospital 
care may be provided, at the expense of said corporation, by a 
hospital to subscribers to said plan under contract entitling 
such subscribers to certain hospital service. Every such cor- 
poration shall be governed by this act and shall be exempt from 
provisions of the insurance law of the state unless specifically 
designated herein. 

2. Incorporation. Persons desiring to form a hospital 
service corporation may incorporate under the provisions of 
chapter 223 of the Public Laws, but subject to the following 
provisions : 

I. Approval of Insurance Commissioner. The certificate 
of incorporation of each such corporation shall have endorsed 
thereon or attached thereto the consent of the commissioner 
of insurance, if he finds the same to be in accordance with 
this act. 

II. Purposes. Said certificate shall include a statement 
of the territory in which the corporation will operate and a 
statement of the purposes of such corporation. 



1939] Chapter 80 75 

3. License to Hospital Service Corporation. 

I. Requirement. No hospital service corporation organ- 
ized under the laws of this state shall do business unless it has 
obtained a license from the insurance commissioner. 

II. Restriction. No hospital service corporation organ- 
ized under the laws of any other state or country shall be 
licensed to do business in this state. 

III. Information. Before a license is granted to a cor- 
poration it shall file with the commissioner a full statement 
under oath of its president and secretary showing its financial 
standing and such other information in relation to its condi- 
tion as may be required by the commissioner. 

IV. License. On compliance with the foregoing condi- 
tions, and if the corporation is found upon an examination 
made by or under the direction of the commissioner to have 
complied with the laws of the state applicable to it, and is 
deemed by the commissioner to be safe, reUable and entitled 
to public confidence, and upon payment of a license fee of five 
dollars, a license to transact hospital service as specified herein 
shall be issued until April first thereafter, and annually there- 
after on April first such license may be renewed upon pay- 
ment of five dollars so long as the corporation shall comply 
with the law and the commissioner shall regard it as safe, re- 
liable and entitled to public confidence. Any such license or 
any renewal thereof unless surrendered or revoked shall ex- 
pire on April first next after its issue. 

4. License to Agents. 

I. License Required. The president and secretary of 
any such corporation or any person who shall act or aid in any 
manner in the negotiation of, or shall solicit or receive any 
risk or application for hospital service contracts, and shall re- 
ceive money or value for the services they perform, shall be 
required to procure a license from the insurance commis- 
sioner. 

II. License. Upon written notice by a hospital service 
corporation licensed to do business in this state of its appoint- 
ment of a person to act as its agent herein, the insurance com- 
missioner shall, if he is first satisfied that the appointee is a 
suitable person and intends to hold himself out in good faith 
as an agent, upon payment of two dollars by the applicant issue 
to the appointee a license, which shall state in substance that 



76 Chapter 80 [1939 

the corporation is authorized to do business in this state and 
that the person named therein is the constituted agent of the 
corporation in this state for the purposes set forth in said 
license. Such license shall be limited to the solicitation of 
hospital service business. 

III. Eligibility as Agent. Only legal residents of this 
state shall be eligible to receive licenses as hospital service 
corporation agents. 

IV. Renewals. A license previously issued may be re- 
newed upon application of the hospital service corporation 
upon payment of two dollars. 

V. Revocation. The commissioner may at any time 
after the granting of such license, for cause shown and after 
notice and hearing, determine such licensee to be unsuitable 
to act as such agent, and shall thereupon revoke such license 
and notify both the corporation and the agent of such revoca- 
tion. 

VI. Expiration. Unless revoked by the commissioner, 
or unless the corporation by written notice to the commis- 
sioner cancels the agent's authority to act for it, such license 
issued to an agent, or any renewal thereof, shall expire on 
March thirty-first next after its issue. 

VII. Acting Without License. If a person shall act or 
aid in any manner in the negotiation of hospital service con- 
tracts, or shall solicit or receive any risk or application for 
such service, without a license from the commissioner, or if 
the license granted to him or to the corporation for which he 
acts as agent has been revoked, he shall be fined not more than 
two hundred dollars, but any contract issued on an application 
thus procured shall bind the corporation if otherwise valid. 
The provisions of this section shall not apply to any office em- 
ployee of the corporation, or to any person rendering their 
services without compensation therefor. 

5. Form of Contract. Every contract with subscriber 
shall be in writing and a copy thereof furnished to each sub- 
scriber. Further, such contract shall contain the following 
provisions : 

(1) A statement of the amount payable to the corpora- 
tion by the subscriber and the manner in which such amount 
is payable. 



1939] Chapter 80 77 

(2) A statement of the nature of the services to be 
furnished and the period during which they will be furnished, 
and if there are any services to be excepted a detailed state- 
ment of such exceptions shall be printed with the same promi- 
nence as the benefits to which they apply. 

(3) A statement of terms and conditions upon which the 
contract may be cancelled or otherwise terminated at the 
option of either party. 

(4) A statement that the contract includes the endorse- 
ments thereon and attached papers, if any, and contains the 
entire contract. 

(5) A statement that no statement by the subscriber in 
his application for a contract shall void the contract or be 
used in any legal proceeding thereunder, unless such applica- 
tion or an exact copy thereof is included in or attached to such 
contract. 

(6) A statement of the period of grace which will be 
allowed the subscriber for making any payment due under the 
contract. Such period shall not be less than ten days. 

(7) A statement that all benefits payable shall be paid 
to the hospital. 

(8) Every such contract shall be signed by the president 
and secretary before it shall become effective. 

6. Rates and Contracts to be Approved. No such corpora- 
tion shall enter into any contract with subscribers unless and 
until it shall have filed with the insurance commissioner of the 
state a full schedule of the rates to be paid by the subscribers 
and shall have obtained the said commissioner's approval 
thereof. The commissioner maj^ refuse such approval if he 
finds such rates are excessive, inadequate or discriminatory. 
No hospital service corporation shall enter into any contract 
with subscribers unless and until it shall have filed with the 
insurance commissioner of the state a copy of the form of such 
contract, including all riders and endorsements thereof and 
until the said commissioner's approval thereof shall have been 
obtained. The insurance commissioner shall, within a reason- 
able time after the filing of any such form, notify such cor- 
poration either of his approval or disapproval thereof. 

7. Reports and Examinations. Every such corporation 
shall annually, on or before the first day of March, file in the 
office of the insurance commissioner of the state a statement, 



78 Chapter 80 [1939 

verified by at least two of its principal officers, showing its 
condition on the thirty-first day of December then next pre- 
ceding, which shall be in such form and contain such matters 
as said commissioner shall prescribe. Examination of the 
financial condition of each such corporation by the insurance 
commissioner or his representatives shall be made annually. 
The commissioner of insurance, or any deputy or examiner or 
any other person whom he shall appoint, shall have the power 
of visitation and examination into the affairs of any such cor- 
poration and free access to all of the books, papers and docu- 
ments that relate to the business of the corporation, and may 
summon and qualify witnesses under oath and examine its 
officers, agents or employees or other persons in relation to the 
affairs, transactions and condition of the corporation. All 
costs of such examinations shall be paid by the corporation. 
All costs of acquisition and of management activities shall be 
under the supervision of the insurance commissioner. 

8. Investments. No such corporation shall invest its 
funds in any other manner than as follows : In bonds of the 
United States or of any state; in loans secured by mortgage 
on unencumbered real estate worth, at the time of making 
such investment, at least double the amount of such loan, un- 
less the loan is further secured by a guaranty satisfactory to 
the insurance commissioner, in which case it shall not exceed 
sixty per cent of such value; and, if buildings are considered 
as part of the value of such real estate, they must be insured 
for the benefit of the mortgagee ; in such other mortgage loans 
and securities as are legal investment for New Hampshire 
savings banks at the time of such investment; in loans upon 
the pledge of stock, bonds or mortgages, if the current value 
of such stock, bonds or mortgages is at least twenty-five per 
cent more than the amount loaned thereon. 

9. Liquidation or Merger. Every such corporation shall 
be subject to liquidation, dissolution or reorganization and 
such proceeding shall be under the supervision of the commis- 
sioner of insurance who shall have such powers hereunder as 
he possesses in reference to domestic insurance corporations. 
Any hospital service corporation may merge with any other 
hospital service corporation or corporations of this state sub- 
ject to the approval of the insurance commissioner. 



1939] Chapter 81 79 

10. Workmen's Compensation Law Not Affected. No pro- 
vision of this act or any contract for hospital service by such 
corporation shall in any way affect the operation of workmen's 
compensation laws of the state. 

11. Fraternal Benefit Societies, etc. Fraternal benefit 
societies and life or accident insurance companies are not 
affected by this act. 

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

[Approved April 13, 1939.] 



CHAPTER 81. 



AN ACT RELATING TO AN OPEN SEASON FOR TAKING BEAVER IN 

COOS COUNTY. 

Section i Section 



1. Sable, fisher, marten. 

2. Open season by proclamation 

for taking beaver. 



3. Penalties. 

4. Takes effect. 



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

1. Beaver. Amend section 4 of chapter 200 of the Public 
Laws, as inserted by section 4, chapter 124, Laws of 1935, by 
striking out said section and inserting in place thereof the 
following: 4. Sable, Fisher, Marten. There shall be no 
open season for sable, fisher and marten. 

2. Open Season by Proclamation. Amend chapter 200 of 
the Public Laws, as inserted by section 4, chapter 124, Laws of 
1935, by inserting after section 5 the following new sub- 
division: 

Beaver 

5-a. Open Season. During any part of the months of 
March and April in Coos county the director, upon written 
complaint of a water company or a landowner that beaver are 
polluting a water supply or doing actual and substantial dam- 
age to property, or upon his own motion when he deems that 
beaver are detrimental to fishing, or hunting or to lumbering 
operations, may declare an open season on beaver. 5-b. 
Notice. Before said season is opened said director shall cause 



80 Chapter 81 [1939 

notice thereof to be published once in a newspaper published 
in Coos county and shall also file a copy of said notice with the 
clerk of each town or city affected. 5-c. Trapping. During 
said open season any resident of the state holding a trapping 
license may take and possess beaver by means of traps only. 
5-d. Stamping; Sale of Skins. Whenever a person shall law- 
fully take beaver during the open season as provided in sec- 
tions 5-a and 5-c he shall present the skin of such beaver, 
within ten days from the closing of said open season, to a con- 
servation officer who shall stamp the same upon receipt of a 
fee of two dollars. Beaver skins lawfully taken and stamped 
may be bought and sold. 5-e. Prohibition. Except as pro- 
vided in this subdivision no person shall take or possess beaver 
in this state. No person shall sell, give away, buy, accept as 
a gift, offer to transport or transport except to a conservation 
officer any beaver skin unless the skin is stamped with the 
official seal of a conservation officer. No person shall destroy 
or disturb or interfere in any manner with the dams or houses 
of beaver, without first obtaining a special permit from the 
director, except as may be necessary in connection with law- 
fully trapping beaver in Coos county during the open season 
therefor. 5-f. Penalty. Whoever violates any of the pro- 
visions of this subdivision shall be fined not less than twenty- 
five nor more than fifty dollars. 

3. Amendment. Amend section 13 of said chapter 200, 
as amended by section 17, chapter 188, Laws of 1937, by strik- 
ing out said section and inserting in place thereof the follow- 
ing: 13. Penalties. A person who violates a provision of 
this chapter shall be fined as follows: For each violation of 
sections 1 to 5, inclusive, and sections 6 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 additional for each 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 recovered by the person or his estate sustaining the in- 
jury or loss; and for each violation of section 11, not more 
than fifty dollars. 



1939] Chapter 82 81 

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

[Approved April 13, 1939.] 



CHAPTER 82. 



AN ACT PROVIDING A SPECIAL OPEN SEASON FOR TAKING SALT 

WATER SMELT. 



Section 

1. Temporary provisions for tak- 
ing: salt water smelt. 



Section 
2. Takes eflfect. 



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

1. Temporary Provisions. Amend section 27* of chapter 
201 of the Pubhc Laws, as inserted by section 5, chapter 124, 
Laws of 1935, by inserting after the word "first" in the fourth 
line the words, provided that during the period from April 
fifteenth to April twenty-fourth, inclusive, in the year 1939, 
salt water smelt may be taken from said waters, so that said 
section as amended shall read as follows: 27. Salt Water 
Smelt. No person shall take salt water smelt from the Piscat- 
aqua river and its tributaries, the Exeter river and its tribu- 
taries, and Great Bay and Greenland Bay, from April fifteenth 
to July first, provided that during the period from April 
fifteenth to April twenty-fourth, inclusive, in the year 1939, 
salt water smelt may be taken from said waters. Salt water 
smelt may be bought and sold during the open season therefor. 

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

[Approved April 13, 1939.] 



* See chapter 169, post. 



82 Chapter 83 [1939 

CHAPTER 83. 

AN ACT RELATING TO TROUT AND SALMON. 

Section I Section 

1. Temporary provisions for tak- 2. Trout and salmon, 

ing brook trout. 1 3. Takes effect. 

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

1.* Brook Trout; Temporary Provisions. Amend chapter 
201 of the PubHc Laws, as inserted by section 5, chapter 124, 
Laws of 1935, by inserting after section 1-a, as inserted by 
section 5, chapter 96, Laws of 1937, the following new section: 
1-b. Open Season. Brook trout, six inches or over, may be 
taken and possessed from April fifteenth to September first, 
and during the month of September by the use of artificial 
flies only, in Coos, Grafton and Carroll counties. Brook trout, 
six inches or over, may be taken and possessed from April 
fifteenth 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. The provisions of this section shall be in force only 
during the period from April fifteenth, 1939, to April fifteenth, 
1941, and provided further that the provisions of this section 
shall not apply to waters where special provisions are appli- 
cable. During the period when this section is effective such 
provisions of section 1 of chapter 201 of the Public Laws, as 
amended, as are inconsistent with the provisions hereof are 
hereby suspended. 

2.t Taking Through the Ice. Amend section 6, chapter 201 
of the Public Laws, as inserted by section 5, chapter 124, Laws 
of 1935, by striking out said section and inserting in place 
thereof the following: 6. Trout and Salmon. The taking 
of any of the species mentioned in this subdivision between 
two hours after sunset and one hour before sunrise is pro- 
hibited. The taking of any of the species mentioned in this 
subdivision, except lake trout, through the ice is prohibited 
provided that said fish may be taken after April fifteenth, dur- 
ing the open season, through a natural opening in the ice. 



* Repealed, section 2, chapter 115, post. 
t See chapter 169, post. 



1939] Chapters 84, 85 83 

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

[Approved April 13, 1939.] 



CHAPTER 84. 

AN ACT RELATING TO FISHING IN BIG BROOK, PITTSBURG. 

Section I Section 

1. Brook trout, fly fishing. | 2. Takes efifect. 

Be it enacted by the Senate and House of Representatives in 
General Cou7't convened: 

1. Brook Trout; Fly Fishing. Amend section 1, chapter 
155, Laws of 1935, as inserted by chapter 145, Laws of 1937, 
by inserting at the end of said section the following new para- 
graph: XL* Brook trout not less than ten inches in length 
may be taken from May first to October first from Big Brook 
and its tributaries between Big Brook Bog and the highway 
leading from the First to the Second Connecticut lake, pro- 
vided that no person may take from said waters more than 
five in number nor more than five pounds in weight when 
taken, in one day, except that if he has taken less than five in 
number or five pounds in weight he shall be entitled to take 
one additional fish. 

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

[Approved April 13, 1939.] 



CHAPTER 85. 

AN ACT CLOSING ELBOW POND IN WOODSTOCK TO ICE FISHING. 

Section | Section 

L Closed to ice fishing. | 2. Takes effect. 

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

1. Closed to Ice Fishing. Amend paragraph If of section 5 
of chapter 155 of the Laws of 1935, as inserted by section 3, 



* Amended, section 2, chapter 145 and sec also chapter 169, post. 

t See chapter 58, ante, and chapter 169, and section 2, chapter 193, post. 



84 Chapter 86 [1939 

chapter 96, Laws of 1937, and as amended by chapter 58, 
Laws of 1939, by inserting after the word "Tuftonboro" the 
words. Elbow pond in Woodstock, so that said paragraph as 
amended shall read as follows: L Arlington Mills reservoir, 
Big Dan Hole pond in Ossipee and Tuftonboro, Elbow pond in 
Woodstock, Ferrin pond in Weare, Gorham pond in Dunbarton, 
Forest lake in Winchester. 

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

[Approved April 13, 1939.] 



CHAPTER 86.* 

AN ACT TO CLOSE THE SOUTH BRANCH OF GALE RIVER TO FISHING. 

Section j Section 

1. Closed to all fishing. 1 2. Takes efifect. 

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

1. Closed to All Fishing. Amend section 7 of chapter 155 
of the Laws of 1935, as inserted by section 4, chapter 96, Laws 
of 1937, and as amended by an act approved April 11, [6] 
1939, t entitled "An Act to close Lake Katherine in the town of 
Piermont to all fishing," by inserting at the end of said section 
the following new paragraph: XIV. The South Branch of 
the Gale river in Franconia and Bethlehem for one-fourth mile 
above the point of the intake, so called, of the Bethlehem 
Village District and all tributaries entering said Gale river 
above said point of intake situated in the town of Franconia. 

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

[Approved April 13, 1939.] 



* See chapters 87 and 169, post. 
t Chapter 74, ante. 



1939] Chapters 87, 88 85 

CHAPTER 87.* 

AN ACT TO CLOSE ZEALAND RIVER AND CERTAIN OF ITS TRIBU- 
TARIES TO FISHING. 

Section I Section 

1. Closed to all fishing. 1 2. Takes effect. 

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

1. Closed to All Fishing. Amend section 7 of chapter 155 
of the Laws of 1935, as inserted by section 4, chapter 96, 
Laws of 1937, and as amended by an act entitled "An Act to 
close the South Branch of Gale river to fishing, "f by inserting 
at the end of said section the following new paragraph : XV. 
Zealand river for one-fourth mile above the point of intake 
and all tributaries thereto from its and their sources to the 
point of intake, so called, of the public water supply of the 
Bethlehem Village District, situated in the town of Bethlehem, 
said waters being closed to fishing to prevent pollution of said 
v/ater supply. 

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

[Approved April 13, 1939.] 



CHAPTER 88.^ 



AN ACT CLOSING MILLER AND STOCKER PONDS IN THE TOWN OF 
GRANTHAM TO ICE FISHING. 



Section 

1. Miller pond in Grantham closed. 

2. Stocker pond in Grantham 

closed. 



Section 
3. Takes effect. 



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

1. Closed to Ice Fishing. Amend paragraph III of section 
5 of chapter 155 of the Laws of 1935 as amended by chapter 
96 of the Laws of 1937 by inserting before the word "Mirror" 
in line one the words. Miller pond in Grantham, so that said 



* See chapter 169, post. 
t Chapter 86, ante. 



86 



Chapter 89 



[1939 



paragraph as amended shall read as follows: III. Miller 
pond in Grantham, Mirror lake in Whitefield, Mount William 
pond in Weare, Mountain View lake in Sunapee, Nippo pond 
in Barrington. 

2. Closed to Ice Fishing. Amend paragraph V of sec- 
tion 5, chapter 155 of the Laws of 1935 as amended by chap- 
ter 96 of the Laws of 1937, by adding after the word "Fitz- 
william" in line one the words, Stocker pond in Grantham, so 
that said paragraph as amended shall read as follows: V. 
Scott pond in Fitzwilliam, Stocker pond in Grantham, Stone 
House pond in Barrington, Streeter pond in Lisbon, Sunset 
lake in Greenfield, Tucker pond in Salisbury. 

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

[Approved April 19, 1939.] 



CHAPTER 89. 

AN ACT RELATING TO THE PRESERVATION AND RECOUNT OF 
BALLOTS AT TOWN OR SCHOOL DISTRICT MEETINGS. 



ECT 


ION 




Section 


1. 


Preservation of ballots 


after 


6. Declaration of results 




town election. 




7. Appeal. 


2. 


Application for recount. 




8. Application of act. 


3. 


Notice; fee. 




9. School districts. 


4. 


Recount. 




10. Takes effect. 


5. 


Preservation of ballots. 







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

1. Preservation of Ballots After Town Election. The pro- 
visions of section 90, chapter 26, Public Laws, as amended by 
section 14, chapter 80, Laws of 1937, and section 91 of said 
chapter 26, relative to sealing, certifying and delivering 
ballots to the town clerk shall apply to the preservation of 
ballots for the election of town officers after an annual town 
meeting, provided that such ballots remaining in possession 
of the town clerk except as hereinafter provided shall be de- 
stroyed at the expiration of thirty days after said election. 

2. Application for Recount. If any person for whom a 
vote was cast and recorded for any office at an annual town 
meeting shall, before the expiration of fifteen days from the 



1939] Chapter 89 87 

date of the meeting, apply in writing to the town clerk for a 
recount of the ballots given for all persons for such office and 
shall state in his application the names of the opposing candi- 
dates, the said clerk shall appoint a time for the recount not 
earlier than seven days nor later than ten days after the re- 
ceipt of said application. 

3. Notice ; Fee. The clerk shall order the applicant to give 
notice thereof by giving to each of the opposing candidates, 
or leaving at his place of abode, a copy of the application and 
order of notice five days at least prior to the day so appointed 
for the recount of ballots. No other notice shall be required. 
The applicant for such recount shall pay to the town clerk, 
for the use of the town, a fee of ten dollars. 

4. Recount. At the time and place so appointed and noti- 
fied the clerk shall openly and publicly break the seal of and 
open the package in which the ballots of said meeting are kept 
and thereupon said ballots shall be recounted by the clerk, the 
moderator and the selectmen of said town who shall consti- 
tute the board of recount. 

5. Preservation of Ballots. Upon the conclusion of the re- 
count the clerk shall place the ballots and all envelopes or 
wrappers which had previously contained them in a new en- 
velope showing the contents and the date when and the reason 
why it was opened and examined and said clerk shall retain 
said ballots until the expiration of thirty days from the date 
of the meeting unless some action is pending which makes 
their further preservation necessary or unless enjoined by 
action brought before the superior court. 

6. Declaration of Results. If in case of a recount of votes 
for town officer it shall appear that a person was elected other 
than the person declared by the moderator to have been 
elected the board of recount for said town shall declare such 
person elected and shall, after five days from such declaration, 
if no appeal is taken, certify such declaration to the town 
clerk. The town clerk shall record the certificate and the per- 
son so declared by the board of recount to have been elected 
shall, unless the result is changed upon appeal to the superior 
court, be the duly elected officer of such town. 

7. Appeal. Any person aggrieved by any ruling of the 
board of recount with respect to any ballot so recounted may, 
within five days thereafter, appeal to the superior court for 



88 Chapter 90 [1939 

the county in which such town is located, which court shall 
have jurisdiction in equity to hear and determine the ques- 
tions presented. 

8. Application of Act. The foregoing provisions of this 
act shall be in effect in all towns which have adopted the so- 
called Australian ballot system as provided in section 88, 
chapter 26 of the Public Laws. 

9. School Districts. Any school district which shall have 
voted to elect its school district officers by an official ballot to 
be prepared by the clerk of said district shall be governed by 
the provisions of this act relative to preservation of ballots 
and recounts thereof. In case of such a school district the 
district clerk shall have all the powers and duties of a town 
clerk as hereby provided and the board of recount for said 
district shall consist of the school district clerk, the moderator 
and the members of the school board. The fee for recount in 
case of such district shall be paid to the clerk for the use of 
the district. 

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

[Approved April 19, 1939.] 



CHAPTER 90. 

AN ACT RELATIVE TO APPROPRIATIONS FOR TOWN ADVERTISING. 

Section I Section 

1. Town advertising. J 2. Takes effect. 

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

1. Town Advertising. Amend paragraph XIX of section 4 
of chapter 42 of the Public Laws by inserting after the word 
"distribute" the words, or contribute toward the issuance and 
distribution through other agencies of, so that said paragraph 
as amended shall read as follows: XIX. Advertising. To 
issue and distribute or contribute toward the issuance and 
distribution through other agencies of circulars and other 
written or printed matter calling attention to the resources 
and natural advantages of the town. 



1939] Chapter 91 89 

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

[Approved April 19, 1939.] 



CHAPTER 91. 



AN ACT PROVIDING FOR A FISCAL AGENT FOR THE COUNTY OF 

COOS. 



Section 

1. Coos county fiscal agent. 

2. Inconsistent laws. 



Section 

3. Salary. 

4. Takes effect. 



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

1. Coos County. The governor, with the advice and con- 
sent of the council, is hereby authorized to appoint a fiscal 
agent for the county of Coos. Said fiscal agent shall super- 
vise and direct the incurring of obligations against and the 
expenditure of all funds which may be raised and appro- 
priated for the benefit of said county. No obhgations against 
said county shall be incurred by any officer thereof and no 
funds of said county shall be expended without the approval 
of said fiscal agent. The said fiscal agent is empowered to 
countersign all warrants or orders for the payment of any 
money drawn upon any funds held by the treasurer of Coos 
county and said treasurer shall pay out no money unless upon 
warrant or order countersigned by such fiscal agent. 

2. Inconsistent Laws. All powers and duties of county 
commissioners and county treasurer granted and imposed by 
any other acts or parts of acts which are inconsistent with the 
provisions of this act are hereby suspended and made in- 
operative so far as they apply to the county commissioners 

and the county treasurer of the county of Coos. 

* 

3. Salary. The annual salary of said fiscal agent shall be 
fixed by the governor and council but shall not exceed thirty- 
five hundred dollars per year. Said agent shall also be 
allowed his necessary traveling expenses when engaged on 
official business. The salary and expenses of said fiscal agent 
shall be paid by the county of Coos. 



* New sections 2-a and 2-b, see chapters 175 and 226, post. 



90 Chapter 92 [1939 

4. Takes Effect. This act shall take effect upon its pas- 
sage and shall remain in effect until April 1, 1941. 
[Approved April 19, 1939.] 



CHAPTER 92. 



AN ACT RELATIVE TO THE POWERS OF THE STATE BOARD OF 

HEALTH. 



Section 

I. Powers of the state board of 
health. 



Section 
2. Takes effect. 



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

1. State Board of Health. Amend chapter 125 of the Pub- 
lic Laws by inserting after section 10 the following new sec- 
tion: 10-a. Powers. The state board of health is hereby 
authorized : 

I. To receive and expend all funds made available to the 
board by the federal government, the state or its political sub- 
divisions, or from other sources for general activities for 
health promotion, providing adequate facilities for promotion 
and administrative guidance of local health services, and the 
training of personnel employed or to be employed in the state 
health department or local health departments. 

II. To receive and expend any reimbursements for ex- 
penditures previously made for such purposes. 

III. To make such rules and regulations as it may deem 
necessary for the administration of the provisions of the pre- 
ceding paragraphs. 

IV. To co-operate with the federal government, through 
its appropriate agencies or instrumentalities, and with other 
state and local agencies and organizations in developing and 
administering public health activities as provided for in this 
section. 

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

[Approved April 25, 1939.] 



1939] Chapters 93, 94 91 

CHAPTER 93. 

AN ACT RELATING TO THE ISSUANCE OF NO PAR VALUE STOCK BY 
CO-OPERATIVE MARKETING ASSOCIATIONS. 



Section 
2. Takes effect. 



Section 

1. Co-operative associations ; capi- 
tal stock. 

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

1. Co-operative Associations; Capital Stock. Amend 
subdivision VII of section 4 of chapter 224 of the Public Laws, 
as amended by section 2 of chapter 10 of the Laws of 1931, 
by striking out said subdivision and inserting in place thereof 
the following: VII. If organized with capital stock, the 
amount of such stock, the number of shares into which it is 
divided and whether such stock be with or without nominal 
or par value; if such stock be with nominal or par value, the 
par value thereof and if such stock be without nominal or par 
value, every share of such stock shall be equal to every other 
such share except as may be provided in the vote authorizing 
the issue thereof; the voting privileges of stockholders if 
otherwise than one vote to each stockholder and the considera- 
tion for which capital stock is issued in accordance with the 
provisions of sections 32 and 33 of chapter 225 of the Public 
Laws as amended. 

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

[Approved April 25, 1939.] 



CHAPTER 94.^ 



AN ACT RELATING TO FISHING IN CERTAIN WATERS IN CARROLL 

COUNTY. 

Section Section 



1. Smelt fishing, village brook in 

Freedom. 

2. Closed to all fishing. 



3. Brook trout, Melvin river, 

Tuftonboro. 

4. Takes effect. 



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

1. Smelt Fishing, Village Brook in Freedom. Amend sec- 
tion 6, chapter 155 of the Laws of 1935 as amended by chapter 



* See chapter 169, post. 



92 Chapter 94 [1939 

73 of the Laws of 1937 by inserting after the word "Freedom" 
in the seventeenth line thereof the following, except Village 
brook, so that as amended said section shall read as follows: 
6. Closed Waters. The following waters are closed to smelt 
fishing: Dana Hines brook in Meredith, Dublin pond and the 
outlet as far as Clark's Mill pond dam in Dublin, White pond 
in Ossipee, Black brook in Sanbornton for a distance of two 
hundred yards above its middle mouth to a point one hundred 
and fifty yards out into the lake from its middle mouth, Mas- 
sabesic 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, Mas- 
coma 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 tribu- 
taries 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, except 
Village brook, 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. Closed to All Fishing. Amend paragraph V, section 7, 
chapter 155 of the Laws of 1935, as inserted by chapter 96 of 
the Laws of 1937 by inserting after the words "Melvin river" 
in the third line thereof the words, below the New Road 
bridge, so called, so that as amended said paragraph shall read 
as follows: V. Lime Kiln brook and its tributaries above 
the number 6 schoolhouse, in Haverhill, all tributaries of 
Marshall pond in Unity, Melvin river below the New Road 
bridge in Tuftonboro, all tributaries of Merrymeeting lake in 
New Durham, all tributaries of Morse brook in Easton. 

3. Brook Trout, Melvin River, Tuftonboro. Amend para- 
graph II, section 2 of chapter 155 as amended by chapters 144, 
170 and section 28, chapter 188, of the Laws of 1937, by in- 
serting after the word "Northwood" in the first line thereof 
the words, Melvin river above the New Road bridge, so called, 
in Tuftonboro, so that as amended said paragraph shall read 



1939] Chapter 95 93 

as follows: II. Long pond in Benton, Lucas pond in North- 
wood, Melvin river above the New Road bridge, so called, in 
Tuftonboro, Mount William pond in Weare, Nippo pond in Bar- 
rington, j\Iirror lake in Whitefield. 

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

[Approved April 25, 1939.] 



CHAPTER 95. 



AN ACT RELATING TO THE OPEN SEASON FOR TAKING DEER IN 

COOS COUNTY. 

Section I Section 

1. Taking wild deer. I 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, Laws of 1935, 
and as amended by section 1, chapter 136, Laws of 1937, by 
striking out said section and inserting in place thereof the 
following: 2. Taking, Time. Wild deer, outside game pre- 
serves, may be hunted and taken after six a. m. and before 
five p. m. in the counties of Carroll and Grafton from Novem- 
ber first to December first, in that part of Coos county lying 
north of the main highway known as United States Route 
No. 2 from the Vermont boundary to the Maine boundary 
through the towns of Lancaster, Jefi'erson, Randolph, Gorham 
and Shelburne from October fifteenth to December first, in 
the remainder of Coos county from November first to Decem- 
ber first, and in all other counties in the state from December 
first to December 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 April 25, 1939.] 



94 Chapters 96, 97 [1939 

CHAPTER 96.* 

AN ACT RELATING TO ICE FISHING IN NEWFOUND LAKE. 

Section I Section 

1. Ice fishing in Newfound lake. | 2. Takes effect. 

Be it enacted by the Senate and House of Representatives in 
General Co2irt convened: 

1. Newfound Lake. Amend section 5-b, chapter 155 of the 
Laws of 1935 as inserted by chapter 188 of the Laws of 1937, 
by striking- out in the last hne the words "during the month 
of January" and inserting in place thereof the words, from 
the fifteenth day of January until the first day of March, so 
that said section as amended shall read: 5-b. Newfound 
Lake. Newfound lake is closed to fishing through the ice ex- 
cept from the fifteenth day of January until the first day of 
March. 

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

[Approved April 25, 1939.] 



CHAPTER 97. 



AN ACT TO CLOSE DIMOND POND OTHERWISE KNOWN AS TOM 

POND IN WARNER. 



Section 

1. Dimond or Tom pond in 
Warner. 



Section 
2. Takes effect. 



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

1. Closed to Ice Fishing. Amend paragraph It of section 5 
of chapter 155 of the Laws of 1935, as inserted by section 3, 
chapter 96, Laws of 1937, and as amended by chapters 58 and 
85 of the Laws of 1939, by inserting after the word "Tufton- 
boro" the words, Dimond or Tom pond in Warner, so that said 
paragraph as amended shall read as follows: L Arlington 
Mills reservoir. Big Dan Hole pond in Ossipee and Tuftonboro, 
Dimond or Tom pond in Warner, Elbow pond in Woodstock, 



* See chapter 169, post. 

t See chapters 58 and 85, ante, and chapters 169 and 193, post. 



1939] Chapters 98, 99 95 

Ferrin pond in Weare, Gorham pond in Dunbarton, Forest 
lake in Winchester. 

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

[Approved April 26, 1939.] 



CHAPTER 98.* 

AN ACT RELATIVE TO FISHING IN GUMPUS POND IN PELHAM. 

Section I Section 

1. Gumpus pond in Pelham closed. | 2. Takes effect. 

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

1. Closed to All Fishing. Amend section 7, chapter 155, 
Laws of 1935, as inserted by section 4, chapter 96, Laws of 
1937, by adding after paragraph XV, as inserted by chapter 
87, Laws of 1939, the following new paragraph : XVI. Gum- 
pus pond in Pelham from November first to June first. 

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

[Approved April 26, 1939.] 



CHAPTER 99. 



AN ACT RELATIVE TO PRIMARY PETITIONS AND NOMINATION OF 
CANDIDATES AT THE PRIMARY ELECTION. 



Section 

1. Declaration of party member- 
ship at primary elections. 



Section 
2. Takes effect. 



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

1. Primary Elections. Amend chapter 25 of the Public 
Laws by inserting after section 14 the following new sections : 
14-a. Declaration of Party Membership. No primary peti- 
tion as provided in section 14 shall be accepted by the officer 
with whom it is to be filed unless there is attached thereto a 



* See chapter 169, post. 



96 Chapter 100 [1939 

declaration in the following form subscribed to by the person 
who seeks to have his name printed upon the primary ballot: 

State of New Hampshire 

I, of in the county of 

do hereby assent to the printing of my 

name on the primary ballot as requested in the attached peti- 
tion. I further declare that I am a member of the 

party. (Signed) 

State of New Hampshire 

County of SS. 

The above-named personally known to me, 

appeared and made oath that the above declaration by him 
subscribed is true. 
Before me, 
Justice of the Peace or Notary Public. 

14-b. Prohibition. The name of a candidate shall not be 
printed upon the official ballot of any political party used at 
any primary under the provisions of section 14 hereof unless 
the candidate has declared, as provided in section 14-a, that 
he is a member of the political party upon the official ballot 
of which he desires to have his name printed. 

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

[Approved April 26, 1939.] 



CHAPTER 100. 



AN ACT RELATIVE TO TOWN APPROPRIATIONS FOR RECREATIONAL 

PURPOSES. 



Section 

1. Town appropriations for recre- 
ational activities. 



Section 
2. Takes effect. 



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

1. Town Appropriations. Amend section 33 of chapter 42 
of the Public Laws by striking out said section and inserting 
in place thereof the following: 33. Tax. Any town may 



1939] Chapter 101 97 

raise annually a specific number of cents on each one hundred 
dollars of assessed valuation to be used for the purposes de- 
scribed in section 32 and may raise such sums for recre- 
ational purposes when the land upon which such activities 
are conducted belongs to or is leased by the town or the state. 

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

[Approved April 26, 1939.] 



CHAPTER 101. 



AN ACT RELATIVE TO CONDUCT AFTER A MOTOR VEHICLE 
ACCIDENT. 

Section Section 



1. Conduct after motor vehicle 
accident. 



2. Takes eflfect. 



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

1. Motor Vehicle Accident. Amend section 17 of chapter 
102 of the Public Laws, as amended by chapter 84, Laws of 
1931, by inserting after the word "killed" the words, or re- 
sulting in damage to property in excess of twenty-five dollars, 
so that said section as amended shall read as follows: 17. 
Conduct After Accident. Any person operating a motor 
vehicle, knowing that injury has been caused by him to a per- 
son or to property, shall forthwith bring his vehicle to a stop, 
return to the scene of the accident, give, to the party whose 
person or property is injured, his name and address, the num- 
ber of the driver's license, the registration number of the 
motor vehicle and the name and address of each occupant 
thereof. Any person operating a motor vehicle which is in 
any manner involved in an accident in which any person is in- 
jured or killed, or resulting in damage to property in excess 
of twenty-five dollars, shall forthwith report in writing to the 
commissioner the facts required herewith together with a 
statement of the circumstances of the accident. 

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

[Approved April 26, 1939.] 



98 Chapters 102, 103 [1939 

CHAPTER 102. 

AN ACT RELATIVE TO THE OPERATION OF MOTOR VEHICLES. 



Section 

1. Motor vehicles, prohibited size 
and weight. 



Section 
2. Takes effect. 



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

1. Motor Vehicles, Prohibited Size and Weight. Amend 
section 28, chapter 103, Public Laws, by inserting after the 
word "operate" in the first line the words, or cause to be 
operated, so that said section as amended shall read as follows : 
28. Penalty. Any person who shall operate or cause to be 
operated on the highways of this state a vehicle whose size or 
weight is in excess of that herein prescribed shall be fined not 
less than twenty-five nor more than two hundred dollars for 
the first offense, and not less than fifty nor more than five 
hundred dollars for any subsequent offense. 

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

[Approved April 26, 1939.] 



CHAPTER 103. 



AN ACT RELATIVE TO OPERATION OF MOTOR TRACTORS BY UN- 
LICENSED OPERATORS. 

Section I Section 

1. Motor tractors, license required. I 2. Takes effect. 

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

1. Motor Tractors. Amend section 9 of chapter 101 of the 
Public Laws, as amended by chapter 69, Laws of 1937, by add- 
ing after the word "vehicle" in the first and sixth lines the 
words, or tractor, so that said section as amended shall read as 
follows. 9. License Necessary. No person shall operate a 
motor vehicle or tractor 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 per- 
son not so licensed, except as otherwise herein provided, and 
if any person shall operate a motor vehicle or tractor in viola- 



1939] Chapter 104 99 

tion 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 May 2, 1939.] 



CHAPTER 104. 



AN ACT RELATIVE TO DIVIDEND NOTICES OF INSURANCE 
COMPANIES. 



Section 

1. Insurance company notice to 
policyholders. 



Section 

2. Powers of insurance commis- 

sioner. 

3. Takes effect. 



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

1. Insurance Companies. Amend chapter 273 of the Pub- 
lic Laws by inserting after section 8 the following new section : 
8-a. Dividend Notice to Policyholders. Every mutual and 
participating stock, fire, marine, fidelity and casualty insur- 
ance company shall send a written dividend notice through its 
resident agent to all policyholders who have not renewed and 
who have not received their dividend as shown by the records 
of the company. Such notice shall be sent within sixty days of 
the expiration of the policy, and such notice should include 
receipt to be executed by the insured and shall state the 
amount of the dividend payable. The company shall cause 
payment of such dividend to be made within ten days after 
receiving the dividend receipt properly executed and no policy- 
holder shall be discriminated against due to the period of time 
for which insurance has been carried. 

2. Powers of Insurance Commissioner. Amend section 13 
of chapter 271 of the Public Laws by striking out said section 
and inserting in place thereof the following: 13. Examina- 
tions. The commissioner is authorized to examine into the 
condition and affairs of any domestic or foreign insurance 
company doing business, or proposing to do business in the 
state, or to cause such examination to be made by some person 
not interested in the company, appointed by him, and to ex- 
amine into the business transacted by any agent of the com- 



100 Chapter 105 [1939 

pany in the state. He may require the company or any officer 
or agent to produce all books and papers relating to the com- 
pany or the agency and shall have power to examine under 
oath any such officer or agent of said company relative to its 
business and management. 

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

[Approved May 2, 1939.] 



CHAPTER 105. 

AN ACT RELATING TO FOREIGN CASUALTY INSURANCE COMPANIES. 



Section 

1. Foreign casualty insurance com- 
panies. 



Section 
2. Takes effect. 



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

1. Foreign Casualty Insurance Companies. Amend chap- 
ter 277 of the Public Laws by inserting after section 36 
the following new section: 36-a. Limitation Upon Licenses. 

No corporation organized under the authority of any other 
state or country and engaged in the business of casualty in- 
surance upon the assessment plan shall be licensed, except as 
hereinafter provided, under the provisions of section 36 here- 
of after June 1, 1939. Provided that any such corporation 
whose license under the said provisions is in full force on 
June 1, 1939, may have said license to do business in this state 
renewed so long as the commissioner deems it safe, reliable 
and entitled to confidence. 

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

[Approved May 2, 1939.] 



1939] Chapters 106, 107 101 

CHAPTER 106. 

AN ACT RELATING TO CANCELLATION OF ACCIDENT AND HEALTH 
INSURANCE POLICIES. 



Section 
2. Takes effect. 



Section 

1. Cancellation of accident and 
health insurance policies. 

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

1. Accident and Health Insurance Policies. Amend para- 
graph XVI of section 12 of chapter 281 of the Public Laws by 
adding after the word "time" in the first line the words, to be- 
come effective ten days thereafter, so that said paragraph as 
amended shall read as follows: XVI. Cancellation. The 
insurer may cancel this policy at any time, to become effective 
ten days thereafter, by written notice delivered to the insured 
or mailed to his last address as shown by the records of the 
insurer, together with cash or the insurer's check for the un- 
earned portion of the premiums actually paid by the insured, 
and such cancellation shall be without prejudice to any claim 
originating prior thereto. 

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

[Approved May 2, 1939.] 



CHAPTER 107. 

AN ACT RELATING TO ELECTION OF COUNTY OFFICERS. 



Section 

L County officers, Belknap county. 
2. Present officers, term of. 



Section 
3. Takes effect. 



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

1. Term of County Officers of Belknap County. Amend 
section 1, chapter 36 of the Public Laws, as amended by sec- 
tion 1, chapter 166 of the Laws of 1933, by striking out in the 
ninth line the word "county" and inserting in place thereof 
the words, and Belknap counties, so that said section as 
amended shall read as follows: 1. Election; Term. There 
shall be chosen at each biennial election, by ballot, by the in- 



102 Chapter 108 [1939 

habitants of the several towns in each county qualified to vote 
for state senators, a sheriff, a county solicitor, a county 
treasurer, a register of deeds, a register of probate and three 
county commissioners, each of whom shall take office on April 
first next succeeding his election, and shall hold the same for 
two years and until his successor is chosen and qualified, ex- 
cept that all said county officers of Strafford and Belknap 
counties and the solicitors of Merrimack and Coos counties 
shall take office on January first next succeeding their election. 

2. Present Officers of Belknap County. The present 
county commissioners, sheriff, county solicitor, county treas- 
urer, register of deeds and register of probate for Belknap 
county shall hold their respective offices for the term until 
January first 1941, and until their successors are chosen and 
qualified. 

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

[Approved May 2, 1939.] 



CHAPTER 108. 



AN ACT AUTHORIZING VILLAGE DISTRICTS TO ORGANIZE FOR 
RECREATIONAL PROMOTION. 



Section 
2. Takes effect. 



Section 

1. Establisliment of village dis- 
tricts for recreational promo- 
tion. 

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

1. Village Districts. Amend section 1 of chapter 57 of 
the Public Laws by adding after the word ''commons" in the 
ninth line the words, the maintenance of activities for recrea- 
tional promotion, so that said section as amended shall read 
as follows : 1. Establishment. Upon petition of ten or more 
legal voters, inhabitants of any village situate in one or more 
towns, the selectmen of such town or towns shall fix, by suit- 
able boundaries, a district including such parts of the town 
or towns as may seem to them convenient, for any or all of 
the following purposes: The extinguishment of fires, the 
lighting or sprinkling of streets, the planting and care for 



1939] Chapter 109 103 

shade and ornamental trees, the supply of water for domestic 
and fire purposes, the construction and maintenance of side- 
walks and main drains or common sewers, the construction, 
maintenance and care of parks or commons, the maintenance 
of activities for recreational promotion, the construction or 
purchase and maintenance of a municipal lighting plant and 
the appointing and employing of watchmen and police officers. 
They shall cause a record of the petition and their doings 
thereon to be recorded in the records of the towns in which 
the district is situate. 

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

[Approved May 2, 1939.] 



CHAPTER 109. 



AN ACT RELATIVE TO THE PROTECTION OF STATE AND OTHER 

HIGHWAYS. 



Section 

1. Permit for highway approaches. 

2. Penalty. 



Section 
3. Takes effect. 



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

1. Highway Approaches. Amend chapter 91 of the Public 
Laws by inserting after section 2 the following new section: 
2-a. Permit. It shall be unlawful to construct or maintain 
any driveway, entrance or approach within the limits of the 
right of way of a state, state-aided, secondary or trunk line 
highway without a written permit from the state highway 
commissioner. The state highway commissioner is authorized 
to make such rules and regulations as to the grade and 
location of the driveways, entrances and approaches on said 
highways as will adequately protect and promote the safety 
of the traveling public except that in no case shall ingress 
and egress to property abutting the highway be denied. No 
such permit shall be required for any existing driveway, en- 
trance or approach unless the grade or location of the same is 
changed or altered. 

2. Penalty. Amend section 3 of chapter 91 of the Public 
Laws by striking out said section and inserting in place there- 



104 Chapter 110 [1939 

of the following: 3. Penalty. Whoever violates any fore- 
going provision of this chapter or the rules and regulations 
made under the authority of section 2 or section 2-a may be 
fined not more than one hundred dollars. 

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

[Approved May 2, 1939.] 



CHAPTER 110. 



AN ACT PROHIBITING TRESPASS ON THE WHITE MOUNTAIN 
NATIONAL FOREST IN TIMES OF FIRE HAZARD. 



Section 

1. White Mountain National 
Forest, trespass upon pro- 
hibited. 



Section 
2. Takes effect. 



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

1. White Mountain National Forest. Amend chapter 191 
of the Public Laws by inserting after section 40 the follow- 
ing new sections: 40-a. Trespass Prohibited. It shall be 
unlawful for any person to enter upon lands of the United 
States of America known as the White Mountain National 
Forest, as now or hereafter constituted, at any time when such 
entry thereon shall be forbidden by valid order made for the 
purpose of protecting said forest from forest fire, pursuant to 
the laws of the United States. 40-b. Penalty. Any person 
violating the provisions of the preceding section shall be fined 
not exceeding ten dollars. 

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

[Approved May 2, 1939.] 



1939] Chapters 111, 112 105 

CHAPTER 111. 

AN ACT RELATING TO THE DUTIES OF THE REGISTER OF PROBATE. 

Section I Section 

1. Repeal. [ 2. Takes effect. 

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

1. Repeal. Section 3 of chapter 57 of the Laws of 1935, 
relative to the list of deceased persons whose estates are en- 
tered for probate kept by the register of probate, is hereby re- 
pealed. 

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

[Approved May 2, 1939.] 



CHAPTER 112. 



AN ACT RELATING TO ASSIGNMENT OF WAGE CLAIMS TO LABOR 
COMMISSIONER FOR RECOVERY BY CIVIL ACTION. 

Section 

1. Assignment of wage claims to labor commissioner. 

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

1. Assignment of Wage Claims. Amend chapter 176 of 
the Public Laws, as amended by section 3, chapter 69, Laws of 
1935, by inserting after section 48 the following new section: 
49. Commissioner to Have Power of Attorney. The labor 
commissioner shall have power and authority, through signed 
power of attorney by the claimant, to act in place of said 
claimant for the collection of wages, not exceeding two hun- 
dred dollars, and shall proceed for the collection of such 
claims when in his judgment the claims are valid and enforce- 
able in the courts. 

[Approved May 2, 1939.] 



106 



Chapters 113, 114 



[1939 



CHAPTER 113. 

AN ACT AUTHORIZING THE SALE OF CERTAIN PROPERTY OF THE 
STATE IN THE TOWN OF BARNSTEAD. 



Section 

1. Authority for sale of property 
in Barnstead. 



Section 
2. Takes effect. 



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

1. Authority Conferred. The state treasurer on behalf of 
the state of New Hampshire with the approval of the gover- 
nor and council is hereby authorized and empowered to sell 
and convey, for such consideration as he deems sufficient, all 
right, title and interest which said state of New Hampshire 
has acquired by escheat in and to certain lands in the town 
of Barnstead formerly belonging to Herbert C. Glidden. The 
proceeds from the sale 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 2, 1939.] 



CHAPTER 114. 

AN ACT AUTHORIZING THE CITY OF KEENE AND TOWNS IN THE 

COUNTY OF CHESHIRE TO ACQUIRE LAND FOR THE PURPOSES 

OF FLOOD CONTROL. 



Section 

L Acquisition of land for flood 
control. 



Section 

2. Eminent domain proceedings. 

3. Takes effect. 



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

1. Acquisition of Land. The city of Keene or any town in 
the county of Cheshire, by itself or in conjunction with any 
town in said county, may acquire, develop and maintain lands, 
easements and other rights for the purpose of flood control, 
and may raise and appropriate money therefor. 

2. Eminent Domain. If any such municipal corporation 
in said county is unable to acquire the necessary properties 



1939] 



Chapter 115 



107 



by purchase or gift it may take the same by eminent domain 
proceedings as provided for the taking of land for highways. 
Any person aggrieved may appeal from the assessment of 
damages in such case to the superior court within thirty 
days from the date of the award of damages for such taking 
but such appeal shall not extend to the act of taking but shall 
be limited only to the question of damages and the city or 
town may forthwith, upon award being made, proceed to the 
development of the lands, easements and other rights so 
taken. 

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

[Approved May 2, 1939.] 



CHAPTER 115.* 



AN ACT RELATING TO BROOK TROUT. 



Section 

1. Brook trout, open season ; limit 
on number to be taken. 



Section 

2. Application of laws; repeal. 

3. Takes efifect. 



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

1. Open Season; Limit on Number to be Taken. Amend 
section 1, chapter 201, Public Laws, as inserted by section 5, 
chapter 124, Laws of 1935, and as amended by section 18, 
chapter 188, Laws of 1937, by striking out said section and 
inserting in place thereof the following: 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 coun- 
ties. 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 
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 



* See chapter 169, post. 



108 Chapter 116 [1939 

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. Dur- 
ing the period from April fifteenth to May first, 1939, and for 
the like period, 1940, brook trout, six inches and over, may 
be taken and possessed as permitted in this section in addi- 
tion to the regular season therefor. 

2. Application of Laws; Repeal. The amendment as pro- 
vided by section 1 hereof shall not aflfect the laws relative to 
fishing in certain waters where special provisions are 
applicable. Section 1 of chapter 83 of the Laws of 1939, pro- 
viding special provisions for taking brook trout, is hereby re- 
pealed. 

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

[Approved May 2, 1939.] 



CHAPTER 116.^ 



AN ACT TO REGULATE THE SEASON FOR TAKING BROOK TROUT IN 

BACK LAKE, PITTSBURG, AND LITTLE DIAMOND POND IN 

STEWARTSTOV^^N. 



Section 

1. Taking brook trout from Back 
lake, Pittsburg. 



Section 

2. Partridge lake, Littleton. 

3. Takes effect. 



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

1. Brook Trout. Amend paragraph I, section 2, chapter 
155, Laws of 1935, as inserted by chapter 144, Laws of 1937, 
and as amended by chapter 170, Laws of 1937, by striking out 
said paragraph and inserting in place thereof the following: 
I. Back lake in Pittsburg, Ferrin pond in Weare, Gustin pond 
in Marlow, Halls ponds in Sandwich, Little Diamond pond in 
Stewartstown, Lily pond in Gilford. 

2. Partridge Lake. Amend section 2-a, chapter 155, Laws 
of 1935, as inserted by chapter 144, Laws of 1937, by striking 
out said section and inserting in place thereof the following: 
2-a. Brook Trout. Brook trout not less than seven inches in 



* See chapters 145 and 169, post. 



1939] Chapter 117 109 

length may be taken by the use either of bait or artificial 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 apply to the tak- 
ing of brook trout under the provisions of this section. 

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

[Approved May 2, 1939.] 



CHAPTER 117/ 



AN ACT REGARDING THE TAKING OF BROOK TROUT IN THE CON- 
NECTICUT RIVER AND PERRY STREAM. 



Section 

1. Brook trout, taking. 

2. Connecticut river and Perry 

stream. 



Section 
3. Takes effect. 



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

1. Connecticut River and Perry Stream. Amend para- 
graph I, section 1, chapter 155, Laws of 1935, as inserted by 
chapter 145, Laws of 1937, by striking out the words "the 
Connecticut river from the First Connecticut lake dam to the 
covered bridge at the Archie Heath place, so called, in Pitts- 
burg" so that said paragraph as amended shall read as 
follows: I. Armington lake in Piermont, Beaver pond in 
Woodstock, Clarksville pond in Clarksville, East Inlet and 
tributaries to Second Connecticut lake in Pittsburg, Coon 
Brook Bog in Pittsburg. 

2. Open Season, Brook Trout. Amend section 1, chapter 
155, Laws of 1935, as inserted by chapter 145, Laws of 1937, 
and as amended by chapter 84,* Laws of 1939, by inserting 
after paragraph XI the following new paragraph : XII. Brook 
trout not less than seven inches in length may be taken from 
June first to October first in the Connecticut river from the 
First Connecticut lake dam to the covered bridge at the Archie 
Heath place, so called, and in Perry stream from the Happy 
Corner bridge, so called, to the Connecticut river, all in Pitts- 



See chapter 84, ante, and chapter 169, post. 



110 Chapter 118 [1939 

burg. No person shall take, in one day, more than ten in num- 
ber nor more than five pounds in weight when taken provided 
that if he has taken less than ten in number or five pounds 
in weight he shall be entitled to one additional fish. 

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

[Approved May 2, 1939.] 



CHAPTER 118.* 

AN ACT OPENING PILLSBURY RESERVATION IN WASHINGTON TO 
ALL FISHING EXCEPT ICE FISHING. 



Section 
3. Takes effect. 



Section 

1. Closed to all fishing. 

2. Pillsbury Reservation closed to 

ice fishing. 

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

1. Amendment. Amend paragraph VII, section 7, chapter 
155, Laws of 1935, as inserted by section 4, chapter 96, Laws 
of 1937, as amended by section 1, chapter 59, Laws of 1939, by 
striking out the words "Pillsbury Reservation, in Washington 
and all brooks therein" so that said paragraph as amended 
shall read as follows: VII. 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 approximately one hundred yards north from 
Chandler brook, all tributaries of Pisgah reservoir in 
Winchester. 

2. Pillsbury Reservation Closed to Ice Fishing. Amend 
paragraph IV of section 5 of chapter 155 of the Laws of 1935, 
as inserted by section 3, chapter 96, Laws of 1937, as amended 
by section 2, chapter 45, Laws of 1939, by adding after the 
word "Littleton" the words, Pillsbury Reservation in Washing- 
ton, so that said paragraph as amended shall read as follows: 
IV. Northwood lake in Northwood and Epsom, Nutt pond in 
Manchester, Partridge lake in Lyman and Littleton, Pillsbury 
Reservation in Washington, Pleasant lake in New London, 
Robs reservoir in Stoddard, Spoonwood pond in Nelson. 



* See chapters 45 and 59, ante, and chapter 169, post. 



1939] Chapter 119 111 

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

[Approved May 4, 1939.] 



CHAPTER 119.* 

AN ACT RELATIVE TO FISHING IN THE TRIBUTARIES OF SUNAPEE 

LAKE. 



Section 

1. Tributaries of Sunapee lake. 

2. Sucker fishing. 



Section 
3. Takes effect. 



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

1. Tributaries of Sunapee Lake. Amend paragraph VIII 
of section 7 of chapter 155 of the Laws of 1935, as inserted 
by section 4, chapter 96, Laws of 1937, and as amended by sec- 
tion 30, chapter 188, Laws of 1937, by striking out the words 
"all tributaries of Sunapee lake in the towns of Sunapee, New- 
bury 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 Bennington, 
streams between Tioga, Sargent and Badger reservoirs in Bel- 
mont, all tributaries of Swift Diamond river in Dartmouth 
College Grant, all tributaries of Taggart brook in Peter- 
borough. 

2. Sucker Fishing. Amend section 7 of chapter 155 of the 
Laws of 1935, as inserted by section 4, chapter 96, Laws of 
1937, by adding after paragraph XVI, as inserted by chapter 
98, Laws of 1939, the following new paragraph: XVII. All 
tributaries of Sunapee lake in the towns of Sunapee, Newbury 
and New London, except that during the open season therefor 
suckers may be taken from said waters. 

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

[Approved May 4, 1939.] 



* See chapter 169, post. 



112 Chapter 120 [1939 

CHAPTER 120. 

AN ACT RELATIVE TO THE PAYMENT OF POLL TAXES. 



Section 

5. Disposition of fines. 

6. Repeal. 

7. Takes effect. 



Section 

1. Pa3'ment of poll taxes required. 

2. Receipt or sworn statement. 

3. Definition. 

4. False statements ; penalty. 

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

1. Payment of Poll Taxes Required. No resident of New 
Hampshire shall be entitled to receive a permit to register a 
motor vehicle, a license to operate a motor vehicle, or a license 
to hunt or fish within this state, until he shall furnish 
evidence, as provided in section 2, that he has paid his poll tax 
in the town where he resides for the tax year preceding the 
date of his application for such permit or license, or that he 
has been excused from such payment by the taxing authority 
of the town where he resides. 

2. Receipt or Sworn Statement. Any applicant for per- 
mit to register a motor vehicle, for a license to operate a 
motor vehicle or for a license to hunt or fish shall, before he 
receives such permit or license, furnish to the issuing officer 
the receipt of the tax collector of the town where he resides 
showing that he has paid his poll tax in said town for the tax 
year preceding the date of such application, or make oath that 
he has paid said tax or that he has been excused from such 
payment. 

3. Definition. A person shall be considered to have been 
excused from paying a poll tax if it shall have been abated by 
the taxing authority, or if he is exempt from such tax, or if he 
shall obtain from the selectmen of a town or the assessors of 
a city a statement that in their opinion he should be granted 
such permit or license even though such tax may not have 
been paid. 

4. False Statements; Penalty. Whoever makes a false 
statement relative to payment of a poll tax as provided for 
herein shall be fined ten dollars and the making of such false 
statement shall be cause for the revocation of such permit or 
license for a period not exceeding three months. 

5. Disposition of Fines. All fines collected under the pro- 
visions of this act against any violator prosecuted by em- 



1939] Chapter 121 113 

ployees of, or on behalf of, the motor vehicle department or 
the fish and game department shall be for the use of the town 
in which the arrest is made. 

6. Repeal. Chapter 132 of the Laws of 1933 relative to 
payment of poll taxes is hereby repealed. 

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

[Approved May 4, 1939.] 



CHAPTER 121. 



AN ACT RELATIVE TO DEALERS OR MANUFACTURERS OF MOTOR 
BOATS AND OUTBOARD MOTORS. 



Section 

1. Registration of dealers in motor 
boats and outboard motors. 



Section 
2. Takes effect. 



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

1. Motor Boats and Outboard Motors. Amend chapter 151 
of the Public Laws by inserting after section 15-b, as inserted 
by chapter 30, Laws of 1933, the following new sections: 

15-c. Dealers' Registration. A manufacturer or dealer of 
boats and outboard motors of the classes hereinbefore de- 
scribed may make application to the commission, upon blanks 
furnished by it for that purpose, for a general distinguishing 
number for his boats and motors. 

15-d. Dealers' Registration Certificate and Number Plates. 
The commission may, if it is satisfied of the facts stated in 
the application, grant the same and issue to the applicant a 
certificate of registration containing the name, residence and 
address of such applicant and the general distinguishing num- 
ber assigned together with such other provisions as the com- 
mission may determine. All such boats and outboard motors 
owned or kept for sale by such manufacturer or dealer may, 
while so owned or kept, be regarded as registered under such 
distinguishing number, during the calendar year of its issue, 
provided a number plate bearing such number be attached 
thereto. The commission shall, at the time of issuing a cer- 
tificate to a manufacturer or dealer, furnish him with a num- 
ber plate of such design and color as it may determine, and 



114 Chapter 121 [1939 

such further number plates together with such number of 
temporary certificates or plates as he may require. 

15-e. Use of Dealers' Number Plates. A manufacturer or 
dealer shall not loan number plates which have been assigned 
to him under these provisions to a subagent or to any other 
person. Such plates may be used on boats and motors when 
used in connection with said manufacturers' or dealers' busi- 
ness or for pleasure purposes except in no case shall they be 
used on boats carrying persons or property far hire or com- 
pensation. 

15-f. Dealers' Registration Fees. The fee to be paid to the 
commission by a manufacturer or dealer for a registration 
certificate as provided by section 15-d shall be five dollars 
which shall include one number plate. The fee for additional 
number plates shall be three dollars each. 

15-g. Temporary Registration Certificates and Number 
Plates. A person upon purchasing a power boat or outboard 
motor, from a duly registered manufacturer or dealer, which 
is to be used in manner as defined in section 13, shall immedi- 
ately fill out an application for registration of such boat or 
motor and file the same, together with the required registra- 
tion fee of three dollars, with said manufacturer or dealer. 
Upon receipt of such application and fee the dealer or manu- 
facturer may issue to the purchaser a receipt for such pay- 
ment and a temporary certificate or plate. If a plate is issued 
it shall be attached to said boat or motor. Said dealer or 
manufacturer shall immediately forward the application and 
fee to the office of the commission by mail or otherwise and 
furnish such further information as the commission may re- 
quire with respect thereto. The temporary certificate or 
plate as provided herein shall be evidence that application has 
been made for registration of the boat or motor and such boat 
or motor as described -in section 13 may be operated as pro- 
vided therein for a period of not more than four consecutive 
days next after the date of the issuance of said temporary 
certificate or plate, provided further that the permanent num- 
ber plates from the commission shall be attached immediately 
upon receipt thereof by the purchaser. 

15-h. Suspension or Revocation. The commission shall 
have authority to suspend or revoke the registration of any 
manufacturer or dealer who violates any of the provisions of 



1939] Chapter 122 115 

sections 15-d to 15-g. Any manufacturer or dealer who 
violates any of said provisions shall be fined not more than 
one hundred dollars or imprisoned not more than one year, or 
both. 

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

[Approved May 10, 1939.] 



CHAPTER 122. 

AN ACT RELATING TO THE STATE BOARD OF HEALTH. 



Section 
2. Takes effect. 



Section 

1. Alembership of state board of 
health. 

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

1. State Board of Health. Amend section 1 of chapter 
125 of the* Public Laws by striking out the same and inserting 
in place thereof the following: 1. Appointment; Vacancies. 

There shall be a state board of health consisting of the gov- 
ernor, the attorney-general, three physicians, a civil engineer 
and one other person, who shall not be a physician, or a civil 
engineer. The five last named shall be appointed by the gov- 
ernor with the advice of the council. The term of office of 
each of the five shall be five years and until a successor is 
appointed and qualified, except that the four present members 
of the board shall continue in office until the commission they 
now hold expires. Vacancies in the board shall be filled by 
the governor with the advice of the council, for the unexpired 
term. 

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

[Approved May 10, 1939.] 



116 Chapters 123, 124 [1939 

CHAPTER 123. 

AN ACT RELATIVE TO BRAKES FOR MOTOR VEHICLE TRAILERS AND 

SEMI-TRAILERS. 

Section i Section 

1. Brakes on motor vehicle trailers 1 2. Takes effect, 
and semi-trailers. | 

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

1. Brakes. Amend section 4-a, chapter 103, Public Laws, 
as inserted by chapter 81, Laws of 1937, and as amended by- 
chapter 194, 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 including its load is three thousand pounds 
or more, except wood-sawing machines, cement mixers, re- 
freshment 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 public utilities for the transportation of cables 
or poles, not to exceed six in number, shall be operated on the 
highways of this state unless equipped with adequate brakes 
in good working order and sufficient to control the said vehicle 
at all times when the said vehicle is in use. No house trailer 
weighing in excess of fifteen hundred pounds shall be operated 
on the highways of this state unless equipped with adequate 
brakes in good working order. 

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

[Approved May 10, 1939.] 



CHAPTER 124. 



AN ACT RELATIVE TO THE OPERATION OF VEHICLES CARRYING 
WOOD-SAWING EQUIPMENT. 



Section 

1. Operation of vehicles carrying 
wood-sawing equipment. 



Section 
2. Takes effect. 



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

1. Prohibition. Amend chapter 103 of the Public Laws 
by inserting after section 27 the following new section : 27-a. 



1939] Chapter 125 117 

Wood-Sawing Equipment on Vehicles. No vehicle, motor 
truck or trailer, carrying wood-sawing equipment, shall be 
operated on the highways of this state when the saw is on the 
arbor, so called, ready for use, unless such saw is covered with 
a suitable wooden guard. Any person who shall operate on 
the highways of this state a vehicle in violation of the pro- 
visions of this section shall be fined not less than five nor more 
than twenty-five dollars. 

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

[Approved May 10, 1939.] 



CHAPTER 125. 

AN ACT RELATING TO TRAPPING. 



Section 

1. Right of way on public high- 
ways. 



Section 
2. Takes effect. 



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

1. Right of Way of Public Highways. Amend section 6 of 
chapter 200 of the Public Laws, as inserted by section 4, chap- 
ter 124, Laws of 1935, and as amended by section 15-a, chap- 
ter 188, Laws of 1937, by adding at the end of said section the 
words: No person shall set or arrange any trap in or under 
any bridge, ditch or drainage system, whether artificial or 
natural, within the limits of the right of way of any public 
highway, 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, ex- 
cept 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 
description 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 passageway by 
human beings or domestic animals. No person shall set or 



118 Chapter 126 [1939 

arrange any trap in or under any bridge, ditch or drainage 
system, whether artificial or natural, within the limits of the 
right of way of any public highway. 

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

[Approved May 10, 1939.] 



CHAPTER 126. 



AN ACT RELATING TO THE TAKING OF LAKE TROUT IN MASSA- 

BESIC LAKE. 



Section 

1. Taking lake trout in Massabesic 
lake. 



Section 
2. Takes effect. 



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

1. Lake Trout. Amend chapter 201 of the PubHc Laws 
as inserted by section 5 of chapter 124 of the Laws of 1935 
by adding after section 3, the following new section: 3-a. 
Massabesic Lake. Lake trout not less than fifteen inches in 
length may be taken in open waters in Lake Massabesic by 
trolling only from January first to September first, and by the 
use of artificial flies only during the month of September. This 
section shall not prohibit ice fishing during the open season 
as otherwise provided by law. 

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

[Approved May 11, 1939.] 



* See chapter 169, post. 



1939] Chapter 127 119 

CHAPTER 127.* 

AN ACT TO REGULATE FISHING THROUGH THE ICE. 

Section I Section 

1. Ice fishing. | 2. Takes effect. 

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

1. Ice Fishtng. Amend section 21, chapter 201, Public 
Laws, as inserted by section 5, chapter 124, Laws of 1935, by 
striking out said section and inserting in place thereof the 
following: 21. Ice Fishing. Lake trout, perch, shad, white- 
fish, pickerel and cusk may be taken through the ice during 
the open season therefor, with hook and line, tip-ups, or bobs ; 
but no person shall have in use or control at the same time 
more than six lines, tip-ups or bobs, and such person shall be 
present and have personal control over the same, except that 
ten such devices for taking cusk, marked with the name of 
the owner, may be set and left unattended for a period not 
longer than twenty-four hours and provided further that none 
of said hooks and lines, tip-ups or bobs shall be connected by 
or to any wire, cord or rope extending from any one of said 
lines, tip-ups or bobs to any other of such devices or be in any 
other manner connected. Nothing in this section shall be 
construed as prohibiting fishing for lake trout or shad, 
through the ice, with one line in hand, in addition to ten such 
unattended cusk lines. No person shall take more than two 
lake trout through the ice in one day. 

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

[Approved May 11, 1939.] 



* See chapter 169, post. 



120 Chapter 128 [1939 

CHAPTER 128. 

AN ACT RELATIVE TO THE MAINTENANCE OF ROADS WITHIN 
CERTAIN STATE RESERVATIONS. • 



Section 

1. Maintenance of roads on recre- 
ational areas. 



Section 
2. Takes effect. 



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

1. State Reservations. Amend chapter 84 of the Pubhc 

Laws by inserting after section 10 the following new section : 
11. Maintenance of Recreational Roads. The state highway 
department shall assume full control of reconstruction and 
maintenance of roads designated by the state forester and high- 
way commissioner within the following state reservations and 
rights of way thereto : Belknap state reservation in the town 
of Gilford; Cathedral Ledge state reservation in the towns of 
Conway and Bartlett; Pillsbury state reservation in the town 
of Washington; White Lake state park in the town of Tam- 
worth; Pawtuckaway state reservation in the towns of Not- 
tingham and Deerfield; Milan Hill state park in the town of 
Milan; Cardigan state reservation in the town of Orange and 
Kearsarge state reservation in the town of Wilmot. The cost 
of said reconstruction and maintenance shall be a charge upon 
the highway funds. This section shall not be construed as 
affecting the control of the forestry and recreation depart- 
ment over parking areas or other facilities within said 
reservations. 

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

[Approved May 11, 1939.] 



1939] . Chapter 129 121 

CHAPTER 129. 

AN ACT RELATIVE TO THE KEARSARGE MOUNTAIN RECREATIONAL 
AREA AND POWERS AND DUTIES OF THE STATE FORESTER. 



Section 

3. Takes effect. 



Section 

1. Kearsarge Mountain recre- 

ational area, maintenance. 

2. Entry upon private land for 

prevention of forest fires. 

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

1. Kearsarge Mountain Recreational Area, Maintenance. 

Amend chapter 97 of the Laws of 1935 by inserting after sec- 
tion 4 the following new section: 4-a. Payment of. Any 
balance remaining in the separate account from toll collections 
after payments and disbursements authorized by section 4 
have been made may be expended for the operating expenses 
and maintenance of parking areas and other recreational 
facilities on state land adjacent to the Kearsarge Mountain 
road. Said expenditures shall be made under the direction of 
the forestry and recreation commission. 

2. Prevention of Forest Fires. Amend chapter 191 of the 
Public Laws by inserting after section 42 the following new 
section: 42-a. Entry Upon Private Land. The state 
forester or his authorized agents and assistants may, with the 
approval of the governor and council, and without being 
deemed guilty of trespass, enter upon any privately owned 
land for the purpose of disposing of brush and other in- 
flammable materials in order to reduce or remove forest fire 
hazards when in the opinion of said forester such work is 
necessary in the interests of public safety. The provisions of 
this section shall remain in effect until July 1, 1941. 

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

[Approved May 11, 1939.] 



122 



Chapter 130 



[1939 



CHAPTER 130. 

AN ACT DEFINING URBAN AND RURAL RESIDENCE DISTRICTS 

UNDER THE MOTOR VEHICLE LAWS AND REGULATING 

SPEED LIMIT OF MOTOR VEHICLES. 



Section 

1. Definitions under motor vehicle 

laws. 

2. Speed limit in urban j^esidence 

district. 



Section 

3. Rural residence district. 

4. Takes effect. 



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

1. Motor Vehicle Laws; Definitions. Amend paragraph 
XXIV of section 1 of chapter 99 of the Public Laws, as 
amended by chapter 43, Laws of 1929 by striking out said 
paragraph and inserting in place thereof the following: 
XXIV. ''Business district," the territory contiguous to a 
highway when fifty per cent or more of the frontage thereon 
for a distance of three hundred feet or more is occupied by 
buildings in use for business. 

"Urban residence district," the territory contiguous to a 
highway not comprising a business district when the frontage 
on such highway for a distance of three hundred feet or more 
is -mainly occupied by dwellings or by dwellings and buildings 
in use for business. 

"Rural residence district," the territory contiguous to a 
highway not comprising a business or urban residence district 
when the frontage on such highway for a distance of one half 
mile or more, is mainly occupied by dwellings or by dwellings 
and buildings in use for business on any one side. 

2. Speed Limit. Amend paragraph III of section 17-a, 
chapter 103, Public Laws, as inserted by section 2, chapter 
125, Laws of 1937, by inserting after the word "any" the word 
urban, so that said paragraph as amended shall read as 
follows: III. Twenty-five miles per hour in any urban resi- 
dence district. 

3. Rural Residence District. Amend section 17-a, chapter 
103, Public Laws, as inserted by section 2, chapter 125, Laws 
of 1937, by inserting after paragraph III the following new 
paragraph: IV. Thirty-five miles per hour in any rural 
residence district. 



1939] Chapter 131 123 

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

passage. . 

[Approved May 11, 1939.] 



CHAPTER 131. 

AN ACT RELATIVE TO THE GROSS WEIGHT OF MOTOR VEHICLES. 

Section I Section 

1. Gross weight of motor vehicles. | 2. Tal<;es 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 Public 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 section 1 of 
chapter 133 of the Laws of 1935 as amended by section 1 of 
chapter 82 of the Laws of 1937 by striking out the words 
"twenty-six thousand" in the first sentence thereof and sub- 
stituting therefor the words twenty-eight thousand, and by 
striking out the words "thirty-eight thousand" in the first 
sentence thereof and substituting therefor the words forty 
thousand, and by striking out the words "sixteen thousand" 
in the first sentence thereof and substituting therefor the 
words eighteen thousand, so that the same as amended shall 
read: 22. Weight. No vehicle having two axles whose gross 
weight, including load, is more than twenty-eight thousand 
pounds, no vehicle having three axles and no combination of 
vehicle and trailer or semi-trailer, whose gross weight is more 
than forty thousand pounds, no vehicle having a greater weight 
than eighteen thousand pounds on one axle, and no vehicle hav- 
ing 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 construction or maintenance of highways. The state 
highway commissioner and the motor vehicle commissioner 
shall jointly have the power to grant permits upon proper ap- 
plication in writing to move objects or a vehicle and load hav- 



124 



Chapter 132 



[1939 



ing a weight, width or length greater than as herein pre- 
scribed, 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 per- 
mit until applicant has filed a bond to cover any possible dam- 
age 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 and city council of cities, 
to make rules and regulations for the protection and to pre- 
vent the abuse of highways and bridges as provided by chap- 
ter 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 11, 1939.] 



CHAPTER 132. 



AN ACT RELATING TO THE REGISTRATION OF CERTAIN MOTOR 

VEHICLES. 



Section 

1. Registration for semi-trailers. 

2. Transfer of ownership of 

vehicles. 

3. New registration. 



Section 

4. New certificates. 

5. Registration fees. 

6. Transfer of registration, fee. 

7. Takes effect. 



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

1. Semi-Trailers. Amend section 5, chapter 100, Public 
Laws, as amended by section 6, chapter 73, Laws of 1935, by 
inserting after the word "trailer," the word semi-trailer, so 
that said section as amended shall read as follows: 
5. Registration Required. No person shall operate, or cause 
to be operated, on the ways of this state any motor vehicle, 
trailer, semi-trailer, or tractor unless the same has been regis- 
tered in accordance with the provisions of this chapter. 



1939] ' Chapter 132 125 

2. Transfers. Amend section 7, chapter 100, Public Laws, 
by inserting after the words "motor vehicle" each time they 
occur therein the words, trailer, semi-trailer, or tractor, so 
that said section as amended shall read as follows: 7. Of 
Ownership. Upon the transfer of ownership of any motor 
vehicle, trailer, semi-trailer or tractor, its registration shall 
expire, and the person in whose name such vehicle is 
registered shall return the certificate of registration forthwith 
to the commissioner, with a written notice containing the date 
of such transfer of ownership and the name, residence and 
address of the new owner, or, in case of total loss by fire, theft 
or accident, a written statement under oath setting forth all 
the circumstances attending such loss. The decease of the 
owner of a registered motor vehicle, trailer, semi-trailer or 
tractor shall not terminate such registration unless there be 
an actual transfer of ownership. 

3. Amendment. Amend section 8, chapter 100, Public 
Laws, by striking out said section and inserting in place there- 
of the following: 8. Of Registration. A person who so 
transfers or loses a registered motor vehicle, trailer, semi- 
trailer or tractor, upon the filing of a new application, and up- 
on the payment of the proper fee, may have registered in his 
name another motor vehicle, trailer, semi-trailer or tractor for 
the remainder of the fiscal year, if the registration fee of said 
motor vehicle, trailer, semi-trailer or tractor is the same or 
less than that of the motor vehicle, trailer, semi-trailer or 
tractor first registered by him. If the registration fee is 
greater the applicant shall pay the difference. 

4. Amendment. Amend section 9, chapter 100, Public 
Laws, by inserting after the words "motor vehicle," each time 
they' occur therein, the words trailer, semi-trailer, or tractor, 
so that said section as amended shall read as follows : 9. New 
Certificate. The commissioner, at his discretion, may assign to 
the motor vehicle, trailer, semi-trailer or tractor of any per- 
son who surrenders his registration certificate, as herein pro- 
vided, and who desires to register another motor vehicle, 
trailer, semi-trailer or tractor, the register number in the sur- 
rendered certificate, or in the statement as herein provided 
for in the case of loss. 

5. Registration Fees, Tractors and Semi-Trailers. Amend 



126 Chapter 132 [1939 

paragraph III* of section 1 of chapter 102 of the Pubhc Laws, 
as amended by section 1 of chapter 94 of the Laws of 1927, 
by section 1 of chapter 45 of the Laws of 1935, and by chapter 
48 of the Laws of 1939, by adding thereto the following: In 
the registration of any tractor to be used in combination with 
a semi-trailer, the gross weight shall include the weight of 
such tractor, the weight of the heaviest semi-trailer to be 
used therewith, and the weight of the maximum load to be 
carried thereby, and separate registration certificates and 
plates shall be provided for the tractor and the semi-trailer. 
For the registration of each additional or extra semi-trailer 
the fee shall be twenty-five dollars, so that said paragraph as 
amended shall read : III, For each motor vehicle, including 
trailers and semi-trailers equipped with pneumatic tires, ex- 
cept motor cycles and motor cycle sidecars, the following rates 
based on the gross weight of the vehicle and load : All vehicles 
and load not exceeding four thousand pounds, thirty-five cents 
per hundred pounds ; exceeding four thousand pounds and not 
exceeding six thousand pounds, forty-five cents per hundred 
pounds; exceeding six thousand pounds and not exceeding 
eight thousand pounds, fifty cents per hundred pounds; ex- 
ceeding eight thousand pounds, sixty cents per hundred 
pounds. For all vehicles equipped with hard rubber tires the 
sum of twenty cents per hundred pounds shall be added to the 
above rates. For all vehicles equipped with iron, steel or 
other hard tires the sum of forty cents per hundred pounds 
shall be added to the above rates ; provided that the minimum 
fee as provided in this section shall be ten dollars for pas- 
senger vehicles and fifteen dollars for trucks. Tractors used 
for agricultural purposes only, tractors used for power pur- 
poses only that do not haul loads on the public highways, 
tractors used only on snow, and snowmobiles, shall pay one 
tenth of the above rates. Commercial vehicles or trucks used 
for agricultural purposes only and used on the public high- 
ways only between portions of the farm upon which said 
vehicle or truck is operated that are not more than two miles 
apart by the highway at the points of entering upon or leaving 
shall pay one tenth of the above rates. Well drilling machines 
on motor vehicle truck chassis and truck shovels on motor 
vehicle truck chassis shall pay one third of the above rates. 



* See chapter 48, ante, and chapters 161 and 189, post. 



1939] Cha-pter 133 127 

Cement mixers, saw rigs and air compressors towed by motor 
vehicles shall pay one tenth of the above rates except when 
towed exclusively within the limits of a single city or town, 
in which case no fees for registration shall be collected. In 
the registration of any tractor to be used in combination with 
a semi-trailer, the gross weight shall include the weight of 
such tractor, the weight of the heaviest semi-trailer to be used 
therewith, and the weight of the maximum load to be carried 
thereby, and separate registration certificates and plates shall 
be provided for the tractor and the semi-trailer. For the 
registration of each additional or extra semi-trailer the fee 
shall be twenty-five dollars. 

6. Transfer of Registration. Amend paragraph V, section 
1, chapter 102, Public Laws, by inserting after the word 
"vehicle" where it occurs therein the words, trailer, semi- 
trailer or tractor, so that said paragraph as amended shall 
read as follows : V. For the substitution of the registration 
of a motor vehicle, trailer, sAni-trailer or tractor for that of 
another motor vehicle, trailer, semi-trailer or tractor pre- 
viously registered, two dollars. 

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

[Approved May 16, 1939.] 



CHAPTER 133. 



AN ACT RELATIVE TO CONDUCT OF CANDIDATES AT PRIMARIES 

AND ELECTIONS AND NOTIFICATION OF CANDIDATES 

BY THE SECRETARY OF STATE. 



Section 
3. Takes eflfect. 



Section 

1. Primaries and elections. 

2. Personal notice to candidates 
after primary. 

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

1. Primaries and Elections. Amend chapter 26 of the 
Public Laws by inserting after section 86 the following new 
section: 86-a. Distribution of Cards, etc. No person as 
candidate for office or representing or working for a candidate 
shall, within the building where an election is being held, dis- 
tribute or post any cards or other printed or written matter. 
Whoever violates any of the provisions of this section shall be 
fined not more than one hundred dollars. 



128 



Chapter 134 



[1939 



2. Canvass of Votes at Primary. Amend chapter 25 of the 
PubHc Laws by inserting after section 44 the following new 
section: 44-a. Personal Notice. In addition to publication 
as required by section 44 the secretary of state shall notify 
in writing each person of his nomination as candidate for any 
office for which he did not file a declaration of candidacy or 
primary petition. 

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

[Approved May 16, 1939.] 



CHAPTER 134. 

AN ACT PROVIDING FOR THE PAYMENT BY WHOLESALE PER- 
MITTEES OF CERTAIN FEES FOR THE SALE OF CERTAIN 
ALCOHOLIC BEVERAGES. 



ECT 
1. 

2. 

3. 

4. 


ION 

Sale of alcoholic beverages. 
Wholesalers' permit. 
Reports. 
Manufacturer's permit. 


Sfxtion 

6. Repeal. 

7. Wholesaler's reports 

8. Temporary provisions 

9. Takes effect. 


5. 


Disposition of revenue 





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

1. Sale of Alcoholic Beverages. Amend section 21 of chap- 
ter 99 of the Laws of 1933, by striking out said section and 
inserting in place thereof the following: 21. Fees. The 
fees required for permits issued pursuant to the provisions of 
this act shall be as follows : For each on-sale permit one hun- 
dred dollars per annum and for each off-sale permit fifty 
dollars per annum, provided that the commission may in its 
discretion remit such part of said annual fee as it shall de- 
termine to permittees operating only during the summer 
season; for each manufacturer's permit two thousand dollars 
per annum; for each wholesaler's permit five hundred dollars 
per annum ; for each solicitor's permit five dollars per annum ; 
for each vehicle permit one dollar per annum ; for each carrier 
permit twenty-five dollars per annum which shall cover all 
rolling stock and vehicles of such permittee; for each vessel 
permit twenty-five dollars per annum; for each dining-car 



1939] Chapter 134 129 

permit one hundred dollars per annum which shall be issued 
to the railroad corporation and for each special permit one 
dollar. The required permit fee shall accompany the applica- 
tion required by this act. A permit issued under this act, 
other than special permits, shall expire April thirtieth of each 
year unless sooner revoked for cause by the commissioners. 
Permits shall not be transferred except with the consent of the 
commissioners and each permit, except a solicitor's permit, 
shall designate the place of business for which it is issued. 

2. Wholesaler's Permit. Amend section 21-a of chapter 99 
of the Laws of 1933, as inserted by chapter 149 of the Laws 
of 1935, by striking out said section and inserting in place 
thereof the following: 21-a. Additional Fees. In addition 
to the fees provided for in section 21 the following additional 
fees shall be required for permits issued to wholesalers : For 
each wholesaler's permit three dollars for every barrel of 
beverages containing not more than thirty-one gallons or the 
equivalent thereof sold for resale by the permittee during the 
preceding calendar month, to be paid to the commission on or 
before the tenth day of the following month. For the purpose 
of computing the fee payable under the provisions hereof all 
sales at retail by a wholesale permittee holding an off-sale 
permit shall be deemed to be sales for resale. Any wholesale 
permittee shall collect from on-sale and off -sale permittees to 
whom he makes sales of beverages the fees required under the 
preceding provisions hereof. For failure to pay any part of 
the fees provided for herein when due ten per cent thereof 
shall be added and collected by the commission from the 
wholesaler and shall become part of said permit fee.* 

3. Requirements. Amend section 25 of said chapter 99 by 
striking out said section and inserting in place thereof the 
following: 25. Reports. Each manufacturer and whole- 
saler of beverages within the state of New Hampshire shall, 
on or before the tenth day of each month, furnish to the com- 
mission, on a form to be prescribed by the commission, a state- 
ment under oath showing the quantity of beverages sold for 
resale and the quantity of beverages sold under an off-sale 
permit, during the preceding calendar month, within the state. 

4. Manufacturer's Permit. Amend said chapter 99 by in- 
serting after section 21-a the following new section: 22. 



* See section 1, chapter 225, post. 



130 Chapter 134 [1939 

Manufacturer's Fees. In addition to the fees provided for in 
section 21 the following additional fees shall be required for 
permits issued to any manufacturer holding an off-sale per- 
mit: For each manufacturer's permit three dollars for every 
barrel of beverages containing not more than thirty-one 
gallons or the equivalent thereof sold by said permittee at re- 
tail, and not to other permittees for resale, during the pre- 
ceding calendar month, to be paid to the commission on or be- 
fore the tenth day of the following month. For failure to pay 
any part of the fees provided for herein when due ten per cent 
thereof shall be added and collected by the commission from 
the manufacturer and shall become part of said permit fee.* 

5. Disposition of Revenue. Amend section 36 of said 
chapter 99 by striking out said section and inserting in place 
thereof the following: 36. Income. All income received 
from the provisions of this act shall be paid by the treasurer 
of the commission to the state treasurer. The expense of ad- 
ministration and other expenditures provided for by this act 
shall be paid by the state treasurer on warrants of the gover- 
nor with the advice and consent of the council. The balance 
of said revenue shall be covered into the special fund con- 
stituted by chapter 126 of the Laws of 1931, provided that 
such part of the revenue as accrues from the permit fees paid 
by wholesalers and manufacturers, computed at two dollars 
per barrel of beverages sold, shall be payable to the general 
funds of the state. 

6. Repeal. Section 3 of chapter 157 of the Laws of 1935, 
relating to the disposition of certain state revenue, is hereby 
repealed. 

7. Wholesaler's Reports. Each wholesaler shall on or be- 
fore the tenth day of August, 1939, and each month there- 
after, make the reports required by section 25 of chapter 99 
of the Laws of 1933 and pay the permit fees as provided by 
section 21-a, as hereinbefore amended, covering sales made 
during the preceding calendar month. Collections for such fees 
from off-sale and on-sale permittees shall be made for sales 
during the month of July, 1939, and for each month there- 
after. On or before the tenth day of July, 1939, each whole- 
saler shall furnish to the commission a statement under oath 
showing the quantity of beverages sold for resale during the 



* See section 1, chapter 225, post. 



1939] Chapter 135 131 

preceding month to each on-sale and off -sale permittee within 
the state. 

8. Temporary Provisions. Each off-sale and on-sale per- 
mittee shall on or before the tenth day of July, 1939, furnish 
to the commission a statement under oath showing- the quan- 
tity of all beverages sold by him during the preceding month 
and the quantity of beverages on hand as of June 30, 1939. On 
or before said tenth day of July, 1939, said permittee shall 
pay to the commission three dollars for every barrel of bever- 
ages sold by him during the month of June, 1939, and shall, at 
such times as the commission may determine, pay to the com- 
mission the same fees upon the sale of the balance of the 
beverages on hand as of June 30, 1939. The commission is 
hereby authorized to make such rules and regulations relative 
to taking of inventories as to quantities on hand and as to sub- 
sequent payments of the balance of said permit fees as will 
effectuate the purpose of this provision, namely, to provide for 
the completing of the payment of the permit fees, computed 
at three dollars a barrel, by on-sale and off-sale permittees on 
sales made of beverages which were on hand as of June 30, 
1939. 

9. Takes Effect. Except as otherwise provided for herein 
this act shall take effect as of July 1, 1939. 

[Approved May 16, 1939.] 



CHAPTER 135. 



AN ACT TO AUTHORIZE THE BUREAU OF LABOR TO ASSIST AND CO- 
OPERATE IN THE ENFORCEMENT OF THE FEDERAL FAIR 
LABOR STANDARDS ACT OF 1938. 

Section [ Section 

L Bureau of labor, duties. | 2. Takes eflfect. 

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

1. Bureau of Labor. The bureau of labor may and it is 
hereby authorized to assist and co-operate with the Wage and 
Hour Division, and the Children's Bureau, of the U. S. De- 
partment of Labor, in the enforcement within this state of the 
Federal Fair Labor Standards Act of 1938, approved June 25, 
1938, and subject to the regulations of the administrator of 



132 



Chapter 136 



[1939 



the Wage and Hour Division, or the chief of the Children's 
Bureau, as the case may be, and the laws of the state 
applicable to the receipt and expenditure of moneys, may be 
reimbursed by said division, or said bureau, for the reasonable 
cost of such assistance and co-operation. 

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

[Approved May 16, 1939.] 



CHAPTER 136. 

AN ACT RELATIVE TO THE ISSUANCE OF BONDS OR NOTES TO FOR- 
WARD THE BUILDING PROGRAM AT THE UNIVERSITY OF 
NEW HAMPSHIRE, AND TO BE LIQUIDATED FROM 
UNIVERSITY INCOME. 



Section 

1. Bonds or notes authorized. 

2. Accounts. 

3. Sale; proceeds. 

4. Liquidation. 



Section 

5. Appropriation. 

6. Application of laws. 

7. Takes effect. 



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

1. Bonds or Notes Authorized. In order to provide funds 
to forward the building program at the University of New 
Hampshire, the governor, upon receipt of a request from the 
board of trustees of the university, and by and with the con- 
sent of the council, may direct the state treasurer to borrow 
upon the faith and credit of the state a sum not exceeding 
two hundred and fifty thousand dollars, and to be liquidated 
through income accruing to the university under section 18, 
chapter 180 of the Public Laws. For that purpose the state 
treasurer is hereby authorized, when so directed by the gov- 
ernor and council, to issue bonds or notes in the name and on 
behalf of the state with such rates of interest, in such form 
and denominations, with such dates of maturity and other 
provisions as the governor and council may determine. Such 
bonds or notes shall be signed by the treasurer and counter- 
signed by the governor and shall be deemed a pledge of the 
faith and credit of the state. All such bonds or notes shall 
contain an express guarantee which shall be deemed a con- 
tract on the part of the state that the bonds or notes will be 



1939] Chapter 136 133 

liquidated in equal annual instalments in a period not exceed- 
ing ten years from the University of New Hampshire fund as 
provided in section 18 of chapter 180 of the Public Laws. 

2. Accounts. The secretary of state shall keep an account 
of all such bonds or notes countersigned by thS governor show- 
ing the number and amount of each bond or note, the time of 
countersigning, time when payable and date of delivery to the 
treasurer. The state treasurer shall keep an account of each 
bond or note showing the number thereof, name of the person 
to whom sold, the amount received for the same, the date of 
the sale and the time when payable. 

3. Sale; Proceeds. The state 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 advan- 
tageous to the state. All such sum or sums thus realized shall 
be credited by the state treasurer to the university and shall 
be expended under the direction of the board of trustees for 
the aforesaid purpose. 

4. Liquidation. The state treasurer is authorized to de- 
duct from said university fund for each fiscal year such sum 
or sums as may be necessary to meet interest and principal 
payments in accordance with the terms and conditions of the 
bonds or notes issued under the authority of this act for the 
purpose herein stated. 

5. Appropriation. For the purpose of providing the neces- 
sary credit for the issuance of such bonds or notes to be 
liquidated in the manner hereinbefore provided, and for the 
purpose of carrying out the provisions of this act, there is 
hereby appropriated the sum of two hundred fifty thousand 
dollars ($250,000). 

6. Application of Laws. The sum hereby appropriated for 
the building program at the university shall be in addition to 
the sums which the trustees may borrow in anticipation of in- 
come as provided by section 21 of chapter 180 of the Public 
Laws. 

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

[Approved May 16, 1939.] 



134 



Chapter 137 



[1939 



CHAPTER 137. 

AN ACT TO PROVIDE HIGHWAY FUNDS FOR CONSTRUCTION, RE- 
CONSTRUCTION AND MAINTENANCE AND FOR THE 
REIMBURSEMENT OF TOWNS FOR HURRICANE- 
FLOOD DAMAGE. 



Section 


Sect 


ION 


1. Appropriation. 


8. 


Accounts. 


2. Expenditure. 


9. 


Sale ; disposition of proceeds 


3. State highway systein. 


10. 


Short-term notes. 


4. Town highways. 


11. 


Motor vehicle road toll. 


5. Stream channels. 


12. 


Appropriation not to lapse. 


6. Federal aid and reconstruction. 


13. 


Takes effect. 


7. Bonds authorized. 







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

1. Appropriation. In addition to the sums of money here- 
tofore appropriated or provided for highways as defined by 
chapter 84 of the Pubhc Laws, and all laws amendatory there- 
of or supplementary thereto, a sum not to exceed five million 
dollars is hereby appropriated as hereinafter provided for the 
following purposes: (a) the construction, repair and recon- 
struction throughout the state of highways as defined by 
chapter 84 of the Public Laws and all laws amendatory thereof 
or supplementary thereto (b) the construction, repair, re- 
location and reconstruction of highways, bridges and culverts 
throughout the state damaged or destroyed during the flood 
and hurricane of September, 1938, (c) the clearing and dredg- 
ing of the channels and beds of rivers, brooks and streams and 
the control of water therein which is or may be a menace to 
the safety of said highways, bridges and culverts, (d) to com- 
ply with the obligations and conditions necessary to obtain aid 
from the United States of America or any department or 
agency thereof. 

2. Expenditure. In constructing, repairing and recon- 
structing such highways, bridges and culverts, the state high- 
way commissioner, with the approval of the governor and 
council, may expend such portion of the said sum of five 
million dollars as is reasonably necessary to meet all require- 
ments of service to the public, provided, however, that not 
more than three and one-half million dollars shall be so ex- 
pended during the years ending January 31, 1940 and 1941, 
not more than five hundred thousand dollars during each of 



1939] Chapter 137 135 

the years ending January 31, 1942 and 1943 and not more than 
two hundred fifty thousand dollars during each of the years 
ending January 31, 1944 and 1945. The expenditure of the 
appropriation provided for in section 1 and the expenditure of 
any money otherwise appropriated, allotted, granted or pro- 
vided for highways and highway purposes shall be in general 
accordance with and shall not exceed in total amount that 
shown on a plan dated March 1, 1939 entitled, "New Hamp- 
shire Highway Department Six-Year Planning Budget" filed 
in the office of the secretary of state and incorporated herein 
by reference. 

3. State Highway System. In constructing, repairing, re- 
locating and reconstructing state highways, state-aided high- 
ways and trunk lines and bridges and culverts thereon, and 
such portion of the secondary system of state highways as is 
maintained by the state which were damaged or destroyed 
during the said flood, the highway commissioner, with the 
approval of the governor and council, may expend such portion 
of the said appropriation as is reasonably necessary. Towns 
and cities shall not be liable for any expense in connection with 
the said construction, repair, relocation and reconstruction. 

4. Town Highways. In cases of serious damage or de- 
struction during said flood to the highways, bridges and cul- 
verts of any town or city, such town or city upon written 
application to the highway commissioner shall receive from 
the state in aid of the necessary construction, repair, reloca- 
tion and reconstruction of the same or any part thereof and 
the providing of such temporary highway facilities, as the 
public convenience requires, such sums of money as may be 
recommended by the highway commissioner and approved by 
the governor and council. Said town or city may apply for 
and receive reimbursement from the state for expenditures 
heretofore made for such purposes upon like recommendation 
and approval. In determining the amounts to be approved for 
payment hereunder to any town or city the amount of damage 
to its highways, bridges and culverts, the reasonable require- 
ments of service to the public, and any aid available from the 
federal government for such flood damage shall be taken into 
consideration, and no town or city shall be required to expend 
therefor upon its own account a sum greater than one eighth 
of one per cent of its assessed valuation for the year 1938. 



136 Chapter 137 [1939 

Construction, repair, relocation and reconstruction of high- 
ways and bridges made by towns and cities from these funds, 
except in case of reimbursement as hereinbefore provided, 
shall be under the supervision of the state highway 
commissioner. 

5. Stream Channels. In cases of serious damage or de- 
struction during said flood to highways, bridges and culverts, 
due to the filling up of rivers, brooks and streams with gravel 
and other debris and in cases where such conditions constitute 
or may constitute a menace to the safety of said highways, 
bridges and culverts, the highway commissioner with the 
approval of the governor and council may expend such portion 
of said appropriation as may be reasonably necessary for the 
clearing and dredging of the channels and beds of rivers, 
brooks and streams and the control of water therein. 

6. Federal Aid and Reconstruction. Such portion of the 
appropriation authorized by section 1 as is not necessary for 
constructing, reconstructing or relocating highways and 
bridges, damaged or destroyed by said flood of September 
1938, or so expended for said repairs, shall be expended by the 
highway commissioner for the construction, reconstruction 
and relocation of highways and bridges under the same 
authority and in the same manner as described by chapter 
84 of the Public Laws and all laws amendatory thereof or 
supplementary thereto and for the further purpose of defray- 
ing the state's share of the cost of federal aid construction, re- 
construction and relocation in accordance with chapter 88 of 
the Public Laws and all laws amendatory thereof or supple- 
mentary thereto. 

7. Bonds Authorized. The state treasurer is hereby au- 
thorized, under the direction of the governor and council, to 
borrow upon the credit of the state, for the purpose of carry- 
ing into effect the provisions of this act, not more than three 
and one-half million dollars during the years ending Janu- 
ary 31, 1940 and 1941, not more than five hundred thousand 
dollars during each of the years ending January 31, 1942 and 
1943 and not more than two hundred fifty thousand dollars 
during each of the years ending January 31, 1944 and 1945, 
provided that the total indebtedness so incurred shall not ex- 
ceed five million dollars and for that purpose may issue bonds 
and notes as may, in their opinion, be to the best advantage of 



1939] Chapter 137 137 

the state of New Hampshire, 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. The maturity dates of such bonds and 
notes shall be not later than December 31, 1954, Such bonds 
and ndtes 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, and shall be countersigned by the gov- 
ernor and shall be deemed a pledge of the faith and credit of 
the state, provided, however, that the amount of bonds and 
notes authorized for the years ending January 31, 1943, 1944 
and 1945 shall be reduced by the amount of accumulated ex- 
cess of income over estimates of income for the years 1939 to 
1944, both inclusive, as shown on said six-year planning 
budget plan named in section 2 of this act. 

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 nego- 
tiate and sell such bonds and notes by direction of, and in such 
manner as, the governor and council deem most advantageous 
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 of this act alone. 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. 

10. Short-Term Notes. Prior to the issuance of bonds 
hereunder, the treasurer, under the direction of the governor 
and council, may for the purposes hereof borrow money from 
time to time on short-term loans to be refunded by the 
issuance of the bonds hereunder, provided, however, that these 
notes shall be converted into bonds, authorized by section 7 of 



138 Chapter 137 [1939 

this act within the years for which the issue of said bonds is 
authorized. 

11. Motor Vehicle Road Toll. Beginning with the final 
payment of the bonds provided for by chapter 1 of the Laws of 
the special session of 1936, the additional road toll of one cent 
per gallon, provided for in section 6 of said chapter 1, shall be 
continued in full force and effect until the final payment of 
the bonds and notes provided for by this act. Such additional 
motor vehicle road toll shall be collected in the manner now 
provided. A separate account of the additional motor vehicle 
road toll provided for by this section shall be kept by the state 
treasurer to which he shall add from [time to] time, at the 
direction of the governor acting with the advice and consent 
of the council, such sums from the separate account provided 
for by chapter 41 of the Laws of 1929, as amended by chapter 
151 of the Laws of 1933, and the separate account provided 
for by chapter 1 of the Laws of the special session of 1936, as 
are not reasonably necessary for the payment of the bonds 
authorized by said chapters. The funds so held shall be used 
to pay the interest and principal of the bonds and notes pro- 
vided for by this act. To the extent that said funds are in- 
sufficient, at any time, to pay the interest and principal due 
on any bonds and notes provided for by this act the governor 
shall draw his warrant upon the general highway funds for 
the payment thereof. Upon the final payment of the bonds 
and notes which may be issued under the authority of this act, 
of said chapter 41, and of said chapter 1 the governor and 
council shall forthwith by proclamation terminate the further 
collection of the additional motor vehicle road toll thereby 
provided. 

12. Appropriation Not to Lapse. The appropriation made 
under section 1 hereof shall be a continuing appropriation 
which shall not lapse unless otherwise provided for by the 
legislature. 

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

[Approved May 17, 1939.] 



1939] 



Chapter 138 



139 



CHAPTER 138. 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION. 



SeCTIOxNT 


Section 


1. 


Base period. 


13. 


Witnesses' and slieriffs' fees. 


2. 


Benefit year. 


14. 


Contributions. 


3. 


Calendar quarter. 


15. 


Separate accounts. 


4. 


Employment. 


16. 


General experience rating. 


5. 


Railroad service. 


17. 


Merit rating. 


6. 


Partial unemployment. 


18. 


Transfer of funds. 


7. 


Wage credits. 


19. 


Unemployment compensation 


8. 


Benefits. 




division. 


9. 


Waiting period. 


20. 


Duties and powers of commis- 


10. 


Voluntary unemployment. 




sioner. 


11. 


Discharge for misconduct. 


21. 


State-federal co-operation. 


12. 


Liability for benefits. 


22. 


Penalties. 






23. 


Takes effect. 



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

1. Base Period. Amend section 1-A of chapter 179-A of 
the PubHc Laws, as inserted by chapter 178 of the Laws of 
1937, by striking out all of said section and inserting in place 
thereof the following : 

A. "Base period" means the calendar year immediately 
preceding any benefit year. 

2. Benefit Year. Amend section 1-C of said chapter 179-A 
by striking out all of said section and inserting in place there- 
of the following: 

C. "Benefit year" with respect to any individual means the 
year beginning with the first day of March of every calendar 
year and ending on the last day of February of the following 
calendar year. 

3. Calendar Quarter. Amend section 1-D of said chapter 
179-A by striking out all of said section and inserting in place 
thereof the following: 

D. "Calendar quarter" means the period of three consecu- 
tive calendar months ending on March 31, June 30, Septem- 
ber 30, or December 31, or the equivalent thereof as the com- 
missioner may by regulation prescribe, excluding, however, 
any calendar quarter or portion thereof which occurs prior to 
January 1, 1936. 

4. Employment. Amend section l-I (1) of said chapter 
179-A by inserting the words, or any service required by 
statute, after the word "implied" at the end of the first 



140 Chapter 138 [1939 

sentence of this section so that said section, as amended, shall 
read as follows: 

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, or any service required 
by statute. The term "employment" shall include an in- 
dividual's entire service performed within or both within and 
without this state. 

5. Railroad Service. Amend section l-I (4) of said chap- 
ter 179-A by striking out paragraph (g) of said section and 
inserting in place thereof the following: 

(g) Service performed after June 30, 1939, for an em- 
ployer as defined in the Railroad Unemployment Insurance 
Act, and service performed after June 30, 1939, as an em- 
ployee representative. 

6. Partial Unemployment. Amend section 1-M of said 
chapter 179-A by striking out paragraph (2) and inserting 
in place thereof the following: 

(2) An individual shall be deemed to be "partially un- 
employed" in any week of less than full time work if the wages 
payable to him for such week fail to equal his weekly benefit 
amount. 

(3) As used in this subsection, the term "wages" shall not 
include the first two dollars earned during any week. 

7. Wage Credits. Amend section 1-0 of said chapter 
179-A by adding the following paragraph to this section: (1) 
"Wage credits." The commissioner shall compute wage 
credits for each individual by crediting him with wages earned 
by him for employment by employers during each quarter, so 
that said section, as amended, shall read as follows: 

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 employer, the amount of such gratuities 
shall be considered as wages payable by his employing unit 
and the reasonable amount thereof shall be estimated and de- 



1939] Chapter 138 141 

termined in accordance with rules prescribed by the commis- 
sioner. 

(1) "Wage credits." Tlie commissioner shall compute 
wage credits for each individual by crediting him with wages 
earned by him for employment by employers during each 
quarter. 

8. Benefits. Amend section 2 of said chapter 179-A by 
striking out all of said section and inserting in place thereof 
the following : 

2. Benefits. 

A. Payment of Benefits. On January 1, 1938, benefits 
shall become payable from the fund; provided that wages 
earned for service, defined in section l-I (4) (g) of this chap- 
ter, irrespective of when performed, shall not be included for 
the purposes of determining eligibility for any benefit year 
commencing on or after July 1, 1939, nor shall any benefits 
with respect to unemployment occurring on or after July 1, 
1939, be payable under any section on the basis of such wages. 
All benefits shall be paid through employment offices in accord- 
ance with such regulations as the commissioner may prescribe. 

B. Weekly Benefit Amount for Total tJnemployment. 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 one twenty-sixth of his highest 
unused quarterly wage credits for employment by employers 
within the base period, but not more than fifteen dollars per 
week, nor less than five dollars per week. If the commissioner 
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 individual's normal 
and usual full-time earnings. 

C. Weekly Benefit for Partial Unemployment. Each 
eligible individual who is partially unemployed in any week 
shall be paid a partial benefit with respect to such week. Such 
partial benefit shall be an amount calculated to the nearest 
dollar which, if added to his wages, as used in section 1-M (3) , 
for such week, would equal his weekly benefit amount. 

D. Maximum Amount of Benefits. The maximum total 
amount of benefits payable to any eligible individual during 
any benefit year shall not exceed whichever is the lesser of 



142 Chapter 138 [1939 

(1) sixteen times his weekly benefit amount, or (2) one-sixth 
of the unused wage credits within the base period. 

E. Transition From One Benefit Year to the Next Benefit 
Year. If any individual has received benefits for any week 
ending not earlier than seven days before the end of the bene- 
fit year, benefit payments shall not be interrupted and benefits 
shall be paid for the next succeeding week at the rate pro- 
vided for in the benefit year in which the last day of the pay- 
able week is served, provided that the other requirements of 
this chapter are fulfilled. 

9. Waiting Period. Amend section 3 of said chapter 179-A 
by striking out subsections D and E and inserting in place 
thereof the following: 

D. Prior to any week for which he receives benefits, he 
must have been totally unemployed for a waiting period of two 
weeks within the same benefit year and fulfilled the other re- 
quirements of this section. After every interruption in un- 
employment during which an individual is neither partially 
nor totally unemployed, as defined by section 1-M of this chap- 
ter, for a week or longer, or for any week for which a claim- 
ant fails to file a claim for benefits, a waiting period of one 
week must be served, provided that no individual shall be re- 
quired to accumulate more than five waiting period weeks 
during any benefit year, and further provided that this re- 
quirement shall not interrupt the payment of benefits for 
consecutive weeks of unemployment because of a change in 
the benefit year, even though a change in the weekly benefit 
amount and maximum benefits is effected. For the purposes 
of this subsection, two weeks of partial unemployment shall 
be deemed equivalent to one week of total unemployment. No 
week shall be counted as a week of total unemployment for 
the purposes of this subsection: 

(1) If benefits have been paid with respect thereto; 

(2) Unless it occurs after benefits first could become pay- 
able to any individual under this chapter; 

(3) Unless he has earned wages for employment from 
employers of two hundred dollars within the base period. 

10. Voluntary Unemployment. Amend section 4-A of said 
chapter 179-A by striking out all of said section and inserting 
in place thereof the following: 

A. For the week in which he has left work voluntarily, 



1939] Chapter 138 143 

without good cause connected with his work, if so found by 
the commissioner, and for the three weeks which immediately 
follow such week, in addition to the waiting period. Which- 
ever is the lesser of three times the individual's benefit rate, 
or such amount as remains unpaid for the benefit year in 
which such event occurs shall be deducted from his maximum 
benefits, but no change shall be made in his weekly benefit 
amount because of this deduction. 

11. Discharge for Misconduct. Amend section 4-B of said 
chapter 179-A by striking out all of said section and inserting 
in place thereof the following: 

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. Whichever is the 
lesser of three times the individual's benefit rate, or such 
amount as remains unpaid for the benefit year in which such 
event occurs shall be deducted from his maximum benefits, 
but no change shall be made in his weekly benefit amount be- 
cause of this deduction. 

12. Liability for Benefits. Amend section 4-F of said 
chapter 179-A by inserting after the word "week" the words, 
or part of a week, and by striking out the word "receiving" 
and inserting in place thereof the words, seeking to receive, 
so that said section, as amended, shall read as follows: 

F. For any week or part of a week with respect to which 
he is seeking to receive or has received payments in the form 
of unemployment compensation under an unemployment com- 
pensation law of any other state or under a similar law of the 
federal government. 

13. Witnesses' and Sheriffs' Fees. Amend section 5-G of 
said chapter 179-A by inserting the sentence. Sheriffs shall be 
allowed the customary fees for service and travel, between 
the first and second sentences so that said section, as amended, 
shall read as follows: 

G. Witnesses' and Sheriffs' Fees. Witnesses subpoenaed 
pursuant to this section shall be allowed fees at the rate estab- 
lished for witnesses in the superior court. Sheriffs shall be 
allowed the customary fees for service and travel. Such fees 
shall be deemed a part of the expenses of administering this 
chapter. 



144 Chapter 138 [1939 

14. Contributions. Amend section 6-B (4) of said chapter 
179-A by adding the letter "s" to the word "subsection" and 
inserting, D and,, between the word "subsections" and "E" so 
that said section, as amended, shall read as follows: 

(4) With respect to employment after December 31, 1937, 
2.7 per centum, except as otherwise prescribed in subsections 
D and E of this section. 

15. Separate Accounts. Amend section 6-C of said chap- 
ter 179-A by striking out all of said section and inserting in 
place thereof the following: 

C. Separate Accounts. The commissioner shall maintain 
a separate account for each employer and shall credit his 
account with all the contributions paid by him or on his be- 
half. But nothing in this chapter shall be construed to grant 
any employer 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 against the account of 
his most recent employer. 

Any charges which are made against the account of any 
employer under this section, of which the employer has been 
notified, shall be considered correct for all purposes unless 
objections to such charges are received within six months 
after such notification has been mailed to the employer's last 
known address. 

Any charges which have heretofore been made against the 
account of any employer for merit rating purposes, of which 
the employer has been notified, shall be considered correct for 
all purposes unless objections to such charges are received 
within six months after the effective date of this section. 

If objections to such charges are received, any re- 
determination of the amounts charged against an employer's 
account, of which the employer has been notified, shall be con- 
sidered correct for all purposes unless objections to such 
charges are received within six months after such notification 
has been mailed to the employer's last known address. 

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 em- 
ployment at the same time. 

16. General Experience Rating. Amend section 6-D of 



1939] Chapter 138 145 

said chapter 179-A by striking out all of said section and in- 
serting in place thereof the following : 

D. General Experience Rating. The commissioner may, 
for the year 1941 and for each calendar year thereafter, 
estimate the total sum to be paid as benefits and the pay roll 
which will be reported by employers, and may establish a con- 
tribution rate for all employers, not exceeding 2.7 per centum, 
which shall yield an amount equal to the benefits to be paid. 
If, on July 1 of any calendar year, it is determined that the 
contribution rate thus established will not maintain or will un- 
duly increase the established reserve, the commissioner may 
redetermine the contribution rate and the redetermined rate 
shall be effective as of July 1 of such calendar year. If a 
deficit or surplus results at the end of the calendar year, such 
deficit or surplus shall be considered in determining the con- 
tribution rate for the next calendar year. No employer shall 
be entitled to an experience rating under this subsection for 
any calendar year unless and until the balance in the un- 
employment compensation fund as of January 1 of such calen- 
dar year equals or exceeds five million dollars; and further 
provided that no employer shall be entitled to the experience 
rating granted under this section unless and until there shall 
have been three calendar years throughout which any one in- 
dividual in his employ could have received benefits if eligible. 

17. Merit Rating. Amend section 6-E of said chapter 
179-A by striking out paragraphs (1), (2), (3), and (4) and 
inserting in place thereof the following: 

(1) Each employer's rate shall be the amount determined 
under subsection D of this section except as otherwise pro- 
vided in the following provisions. No employer's rate shall 
be less than the amount determined in accordance with sub- 
section D of this section 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 
account for all past years exceeds the total benefits charged to 
his account for all past years, his contribution rate shall be de- 



146 Chapter 138 [1939 

terminated by subtracting from the contribution rate de- 
termined in subsection D the following amounts: 

(a) Two-tenths of one per centum if such excess equals or 
exceeds eight per centum of his average annual pay roll; 

(b) Four-tenths of one per centum if such excess equals 
or exceeds nine per centum of his average annual pay roll; 

(c) Seven-tenths of one per centum if such excess equals 
or exceeds ten per centum of his average annual pay roll ; 

(d) Nine-tenths of one per centum if such excess equals 
or exceeds eleven per centum of his average annual pay roll ; 

(e) One and two-tenths per centum if such excess equals 
or exceeds twelve per centum of his average annual pay roll ; 

(f ) One and one-half per centum if such excess equals or 
exceeds fourteen per centum of his average annual pay roll; 

(g) One and seven-tenths per centum if such excess equals 
or exceeds fifteen per centum of his average annual pay roll. 

(3) No employer shall be entitled to a contribution rate of 
less than one-half of one per centum. 

(4) No employer's rate for the period of twelve months 
commencing January 1 of any calendar year shall be less than 
the rate established in subsection D of this section, unless the 
total contributions, including interest, which became due and 
were credited to his account in the fund during all past years, 
exceed the total benefits paid within the last preceding calen- 
dar year and chargeable to his account in the fund; and no 
employer shall be entitled to have more than seven-tenths of 
one per centum subtracted from the contribution rate estab- 
lished in accordance with subsection D of this section unless 
such contributions, including interest at such time, were at 
least twice the total benefits paid from the fund and charge- 
able to his account within the last preceding year. 

(5) The merit rating established under this section shall 
be effective as of April 1 of any calendar year, but shall be 
retroactive to January 1 of the same calendar year. Em- 
ployers shall submit contributions at the rate prescribed un- 
der subsection D of this section until the status of an employer 
under this section has been established. Each employer's ac- 
count shall be credited on April 1 of such year for any over- 
payments caused by the reduction in contribution rate estab- 
lished as of April 1 of such calendar year. 

(6) As used in this section the term "annual pay roll" 



1939] Chapter 138 147 

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 pay roll" means 
the average of the annual pay rolls 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. 

18. Transfer of Funds. Amend section 8 of said chapter 
179-A by adding the following subsection after subsection D: 

E. Notwithstanding any requirements of the foregoing 
subsections of this section, the commissioner shall, prior to 
whichever is the later of (i) thirty days after the close of this 
session of the legislature and (ii) July 1, 1939, authorize and 
direct the secretary of the treasury of the United States to 
transfer from this state's account in the Unemployment Trust 
Fund, established and maintained pursuant to section 904 of 
the Social Security Act as amended, to the Railroad Un- 
employment Insurance Account, established and maintained 
pursuant to section 10 of the Railroad Unemployment Insur- 
ance Act, an amount hereinafter referred to as the prelimi- 
nary amount; and shall, prior to whichever is the later of (i) 
thirty days after the close of this session of the legislature 
and (ii) January 1, 1940, authorize and direct the secretary 
of the treasury of the United States to transfer from this 
state's account in said Unemployment Trust Fund to said Rail- 
road Unemployment Insurance Account an additional amount, 
hereinafter referred to as the liquidating amount. The com- 
missioner and the social security board shall determine both 
such amounts after consultation with the railroad retirement 
board. The preliminary amount shall consist of that propor- 
tion of the balance in the unemployment compensation fund 
as of June 30, 1939, as the total amount of contributions 
collected from 'employers' and 'employees' (as the terms 
'employer' and 'employee' are defined in sections 1 (a) and 1 
(d) respectively of the Railroad Unemployment Insurance 
Act) and credited to the unemployment compensation fund 
bears to all contributions theretofore collected under this act 
and credited to the unemployment compensation fund. The 
liquidating amount shall consist of the total amount of con- 



148 Chapter 138 [1939 

tributions collected from 'employers' and their 'employees' (as 
the terms 'employer' and 'employees' are defined in sections 1 
(a) and 1 (d) respectively of the Railroad Unemployment In- 
surance Act) pursuant to the provisions of this act during the 
period July 1, 1939, to December 31, 1939, inclusive. 

19. Unemployment Compensation Division. Amend sec- 
tion 9- A of said chapter 179- A by adding the following 
sentence thereto: The commissioner may co-operate with or 
enter into agreements with the railroad retirement board with 
respect to the establishment, maintenance, and use of free 
employment service facilities, so that said section, as amended, 
shall read as follows: 

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 officers and employees 
of the New Hampshire state employment service. Such 
appointment 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. 
The commissioner may co-operate with or enter into agree- 
ments with the railroad retirement board with respect to the 
establishment, maintenance, and use of free employment 
service facilities. 

20. Duties and Powers of Commissioner. Amend section 
9-B of said chapter 179-A by adding the following paragraph : 
For the purpose of establishing and maintaining free public 
employment offices, the commissioner is authorized to enter 
into agreements with the railroad retirement board, or any 



1939] Chapter 138 149 

other agency of the United States charged with the adminis- 
tration of an unemployment compensation law, with any 
political subdivision of this state, or with any private, non- 
profit organization, and as a part of any such agreement the 
commissioner may accept moneys, services, or quarters as a 
contribution to the employment service account, so that said 
section, as amended, shall read as follows : 

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 prescribe. 
The commissioner shall determine his own organization and 
methods or procedure in accordance with the provisions of this 
chapter. Not later than the first day of February of each 
year, the commissioner shall submit to the governor a report 
covering the administration and operation of this chapter dur- 
ing the preceding calendar year and shall make such recom- 
mendations 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. 

For the purpose of establishing and maintaining free public 
employment offices, the commissioner is authorized to enter 
into agreements with the railroad retirement board, or any 
other agency of the United States charged with the adminis- 
tration of an unemployment compensation law, with any 
political subdivision of this state, or with any private, non- 



150 Chapter 138 [1939 

profit organization, and as a part of any such agreement the 
commissioner may accept monej^s, services, or quarters as a 
contribution to the employment service account. 

21. State-Federal Co-operation. Amend section 9-K of 
said chapter 179-A by adding the following paragraph to this 
section: The commissioner may make the state's records re- 
lating to the administration of this act available to the rail- 
road retirement board and may furnish the railroad retirement 
board, at the expense of such board, such copies thereof as the 
railroad retirement board deems necessary for its purposes. 
The commissioner may afford reasonable co-operation with 
every agency of the United States charged with the adminis- 
tration of any unemployment insurance law, so that this sec- 
tion, as amended, shall read as follows: 

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 
verification of such reports ; and shall comply with regulations 
prescribed by the social security board governing the expendi- 
tures 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 administration 
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. 

The commissioner may make the state's records relating to 
the administration of this act available to the railroad retire- 
ment board and may furnish the railroad retirement board, at 
the expense of such board, such copies thereof as the railroad 
retirement board deems necessary for its purposes. The com- 
missioner may afford reasonable co-operation with every 



1939] Chapter 139 151 

agency of the United States charged with the administration 
of any unemployment insurance law. 

22. Penalties. Amend section 13 of said chapter 179-A by 
adding the following subsection after subsection D: 

E. (1) Any individual who falsifies a claim for benefits 
before a representative of the unemployment compensation 
division of the state of New Hampshire to obtain benefits un- 
der the laws of any other state shall be subject to the same 
provisions of this chapter as if he were claiming benefits under 
this chapter. 

(2) Any individual who has been convicted of falsifying 
claims under this chapter shall be ineligible to receive benefits 
for one year from the date of his conviction. 

23. Takes Effect. Section 18 of this act shall take effect 
upon its passage. All other sections shall take effect on 
July 1, 1939. 

[Approved May 17, 1939.] 



CHAPTER 139. 



AN ACT RELATIVE TO THE QUALIFICATIONS FOR APPLICANTS FOR 

EXAMINATIONS FOR THE PRACTICE OF MEDICINE AND 

THE PRACTICE OF CHIROPRACTIC. 



Section 

L Practice o£ medicine. 
2. Practice of chiropractic. 



Section 
3. Takes effect. 



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

1. Practice of Medicine. Amend section 10 of chapter 204 
of the Public Laws, as amended .by chapter 150 of the Laws of 
1937, by inserting after the word "character" the words, is a 
citizen of the United States or a Canadian province in which 
like privilege is granted to citizens of the United States, so 
that said section as amended shall read as follows: 10. 
Applicants. The board shall admit to examination any 
applicant who pays a fee of twenty dollars and submits satis- 
factory evidence in writing, verified by oath if required, that 
he is more than twenty-one years of age, of good moral char- 
acter, is a citizen of the United States or a Canadian province 
in which like privilege is granted to citizens of the United 



152 Chapter 140 [1939 

States, has completed satisfactorily two years' work in college, 
or has a preliminary education considered and accepted by the 
board as fully equivalent, 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 in- 
terneship, 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. Practice of Chiropractic. Amend section 8 of chapter 
206 of the Public Laws by inserting after the word "character" 
in the sixth line the words, a citizen of the United States or 
a Canadian province in which a like privilege is granted to 
citizens of the United States, so that said section as amended 
shall read as follows: 8. Fees; Qualifications. Each appli- 
cant shall pay to the secretary-treasurer a fee of twenty-five 
dollars, for which he shall be entitled to an examination and 
to a re-examination, if necessary, within one year. He shall 
submit to said board satisfactory evidence of a high school 
education, or its equivalent, shall be at least twenty-one years 
of age, of good moral character, a citizen of the United States 
or a Canadian province in which a like privilege is granted to 
citizens of the United States, and a graduate of a legally 
chartered or incorporated school or college of chiropractic re- 
quiring a course of three years, of six months each, or its 
equivalent, as a resident student therein. 

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

[Approved May 23, 1939.] 



CHAPTER 140. 



AN ACT RELATIVE TO THE USE OF NUMBER PLATES ON MOTOR 

VEHICLES. 

Section f Section 

\. Motor vehicle number plates. 1 2. Takes effect. 

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

1. Motor Vehicle Number Plates. Amend section 2 of 
chapter 103 of the Public Laws, as amended by chapter 76 of 



1939] Chapter 141 153 

the Laws of 1927, and section 7, chapter 113, Laws of 1937, 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-resi- 
dents, shall be displayed on any motor vehicle, trailer, semi- 
trailer or tractor so operated, but during the period from 
March first 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 Public Laws for the 
succeeding fiscal year, may display in the manner provided 
herein in place of the number plates of the current fiscal year 
then in use the number plates for the succeeding fiscal year. 
The provisions of this section relative to the extended use of 
number plates of the succeeding fiscal year shall also apply to a 
vehicle which has been exchanged for a vehicle properly 
registered for the current fiscal year. 

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

[Approved May 23, 1939.] 



CHAPTER 141. 



AN ACT RELATIVE TO EMPLOYEES OF THE FISH AND GAME 
DEPARTMENT. 



SECriON 

2. Takes effect. 



Section 

1. Compensation of employees of 
fish and game department. 

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

1. Fish and Game Department. Amend section 23 of 
chapter 196 of the Public Laws, as inserted by section 1, 
chapter 123, Laws of 1935, by striking out said section and in- 
serting in place thereof the following : 23. Compensation of 
Employees. The annual rate of compensation for a position 
in the department, except the director and as otherwise herein 
provided, shall not exceed twenty-five hundred dollars, and 
within that limit, shall be fixed by the commission. The 
director may employ a biologist in said department at an 



154 Chapter 142 [1939 

annual compensation to be fixed by the commission, which 
need not be within said limit. 

2. Takes Effect. This act shall take effect as of July 1, 
1939. 

[Approved May 23, 1939.] 



CHAPTER 142.* 

AN ACT CLOSING CERTAIN WATERS IN THE TOWNS OF CAMBRIDGE 
AND ERROL TO FISHING. 

Section 1 Section 

1. Closed to fishing; exception. | 3. Takes effect. 

2. Repeal. 1 

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

1. Closed to Fishing; Exception. Amend section 7 of 
chapter 155 of the Laws of 1935, as inserted by section 4, 
chapter 96, Laws of 1937, by adding after paragraph XVII, 
as inserted by an actt entitled "An Act relative to fishing in 
the tributaries of Sunapee lake" passed at the 1939 session of 
the general court, the following new paragraph: XVIII. 
Sessions pond brook in Cambridge, Little Millsfield pond brook, 
Jackknife Hill brook, Munn pond brook and Smoky Camp 
brook in the town of Errol, from the west side of the main 
roads, except that smelt may be taken by the use of a dip net, 
during the open season therefor. 

2. Repeal. So much of section 3-a, chapter 155, Laws of 
1935, as inserted by section 4, chapter 170, Laws of 1937, as 
is inconsistent with the provisions hereof is hereby repealed. 

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

[Approved May 23, 1939.] 



* See chapter 169, post. 
t Chapter 119, ante. 



1939] Chapters 143, 144 155 

CHAPTER 143. 

AN ACT GRANTING AUTHORITY TO SELL LAND IN LONDONDERRY 
BY THE GOVERNOR AND COUNCIL. 



Section 
2. Takes effect. 



Section 

1. Authority for disposal of prop- 
erty. 

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

1. Authority. The governor and council, for and in behalf 
of The State of New Hampshire, are hereby authorized to con- 
vey, lease or rent all or part of property conveyed to The 
State of New Hampshire in Londonderry, by William H. 
Hunter and the Hunter Petroleum Company, Inc., subject to 
prior leases and mortgages, if any; said deed to the state be- 
ing recorded in Rockingham County Registry of Deeds, vol. 
943, page 267, dated June 7, 1938, and being an agreement 
affecting the payment of gasoline tolls due The State of New 
Hampshire, for which suit has been brought. 

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

[Approved May 24, 1939.] 



CHAPTER 144. 



AN ACT CHANGING THE NAMES OF KEENE AND PLYMOUTH 
NORMAL SCHOOLS. 



Section 

\. Change of name. 

2. Amendment ; reference. 



Section 
3. Takes effect. 



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

1. Change of Name. The Keene normal school shall here- 
after be known as and called Keene Teachers College and the 
Plymouth normal school shall hereafter be known as and 
called Plymouth Teachers College. 

2. Amendment; Reference. All acts or parts of acts 
having to do with the Keene and Plymouth normal schools are 
hereby amended to conform to the change of names provided 
for by this act and any reference in the Public Laws or session 



156 Chapter 145 [1939 

laws to the Keene and Plymouth normal schools shall here- 
after refer to the Keene Teachers College and the Plymouth 
Teachers College. 

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

[Approved May 31, 1939.] 



CHAPTER 145. 



AN ACT RELATING TO FISHING IN LEDGE POND IN MADISON 
AND BIG BROOK AND BIG BROOK BOG IN PITTSBURG. 



Section 
3. Takes effect. 



Section 

1. Ledge pond in Madison. 

2. Fly fishing. 

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

1. Bait and Fly Fishing. Amend paragraph I,* section 2, 
chapter 155, Laws of 1935, as inserted by chapter 144, Laws 
of 1937, and as amended by chapter 170, Laws of 1937, and 
chapter 116, Laws of 1939, by inserting after the word "Sand- 
wich" the words, Ledge pond in Madison, so that said para- 
graph as amended shall read as follows : L Back lake in Pitts- 
burg, Ferrin pond in Weare, Gustin pond in Marlow, Halls 
ponds in Sandwich, Ledge pond in Madison, Little Diamond 
pond in Stewartstown, Lily pond in Gilford. 

2. Fly Fishing. Amend paragraph XI,* section 1, chapter 
155, Laws of 1935, as inserted by chapter 145, Laws of 1937, 
and as amended by chapter 84, Laws of 1939, by striking out 
the words "and its tributaries between Big Brook Bog and" 
and inserting in place thereof the words, Big Brook Bog and 
their tributaries all north of, so that said paragraph as amend- 
ed shall read as follows: XL Brook trout not less than ten 
inches in length may be taken from May first to October first 
from Big Brook, Big Brook Bog and their tributaries all north 
of the highway leading from the First to the Second Connecti- 
cut lake, provided that no person may take from said waters 
more than five in number nor more than five pounds in weight 
when taken, in one day, except that if he has taken less than 
five in number or five pounds in weight he shall be entitled to 
take one additional fish. 



* See chapter 169, post. 



1939] Chapter 146 157 

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

[Approved May 31, 1939.] 



CHAPTER 146. 



AN ACT RELATING TO PERSONS WHO PURCHASE OR RECEIVE MILK 

WITHIN THE STATE FOR DISTRIBUTION WITHOUT THE 

STATE. 



Section 

1. Definition. 

2. Licenses. 

3. Powers of the board. 



Section 

4. Constitutionality. 

5. Takes effect. 



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

1. Definition. Any person who purchases or receives with- 
in the state more than two quarts of milk daily for sale, dis- 
tribution or disposition without the state shall be a distributor 
of milk within the meaning of section 1, chapter 107, Laws of 
1937 and subject to all the provisions thereof except as herein- 
after provided. 

2. Licenses. All distributors hereunder shall be licensed 
by the milk control board. The annual fee for such license 
shall be for all distributors selling, handling or processing milk 
in this state the fees specified in section 8 of chapter 107 of 
the Laws of 1937 ; provided however, that from the amount of 
such fees in excess of ten dollars said distributor shall be en- 
titled to deduct any amount he pays in any other state as a 
state license fee for doing business as a milk dealer in such 
other state to which the milk sold, handled or processed in 
this state may be sent and sold or distributed by him. 

3. Powers of the Board. The authority herein conferred 
on the board shall supplement and be in addition but not in 
lieu of existing laws relating to transportation of milk, its in- 
spection, testing, the powers of the public service commission, 
the state board of health, local health ordinances and regula- 
tions and the requirements of chapters 163 and 164 of the 
Public Laws, as amended, and no license hereunder shall be 
issued until the board has ascertained from the commissioner 
of agriculture whether the applicant has conformed to the re- 
quirements of chapter 164 of the Public Laws. 



158 Chapter 147 [1939 

4. Constitutionality. If any section or part of this act is 
held unconstitutional or if the application thereof to any per- 
son or circumstances is held invalid, the application thereof to 
any other persons or circumstances shall not be affected there- 
by; and in no event shall section 1 or any other section of 
chapter 107 of the Laws of 1937 be affected thereby.. 

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

[Approved May 31, 1939.] 



CHAPTER 147. 



AN ACT RELATIVE TO THE COLLECTION OF LEGACY TAXES UPON 
CERTAIN CONTINGENT DEVISES AND BEQUESTS. 



Section 

\. Taxation of legacies and suc- 
cessions. 



Section 
2. Tal<;es effect. 



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

1. Taxation of Legacies and Successions. Amend section 
10 of chapter 72 of the Public Laws by adding at the end 
thereof the following: Whenever a tax shall hereafter be 
collected under the provisions of sections 7, 8 and 9 in a case 
where the intermediate estate shall pass to a husband or wife 
with the right to use or expend such portions of the principal 
as may be necessary for his or her reasonable support and 
maintenance and the principal shall prove to be insufficient for 
that purpose, and he or she is without other means of support, 
then he or she may apply to the probate court for an abate- 
ment of the entire tax and upon such abatement the state 
treasurer shall repay the amount so collected with interest as 
aforesaid, so that said section as amended shall read as 
follows: 10. Abatement. If at the termination of the in- 
termediate estate such remainder or any portion thereof shall 
pass to a person or corporation which at the time of the death 
of the decedent was exempt from such tax, such person or 
corporation may, at any time within one year after the 
termination of the intermediate estate, but not afterwards, 
apply to the probate court for an abatement of the tax on such 
remainder as provided in section 41, and the state treasurer 



1939] 



Chapter 148 



159 



shall repay the amount adjudged to have been illegally ex- 
acted as provided in section 43, with interest thereon at three 
per cent per annum from the date of the payment of the tax. 
Whenever a tax shall hereafter be collected under the pro- 
visions of sections 7, 8 and 9 in a case where the intermediate 
estate shall pass to a husband or wife with the right to use or 
expend such portions of the principal as may be necessary for 
his or her reasonable support and maintenance and the prin- 
cipal shall prove to be insufficient for that purpose, and he or 
she is without other means of support, then he or she may 
apply to the probate court for an abatement of the entire tax 
and upon such abatement the state treasurer shall repay the 
amount so collected with interest as aforesaid. 

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

[Approved May 31, 1939.] 



CHAPTER 148. 



AN ACT RELATING TO PAROLE FROM THE STATE PRISON. 



Section 

1. Parole of prisoners. 

2. After expiration of minimum 

term. 

3. Earlier release for meritorious 

conduct. 
Release after two thirds of 



4. 



mmimum. 



Section 

7. Violation of parole, complaint. 

8. Hearing before the board ; find- 

ing; recommittal. 

9. Effect of recommittal. 

10. Final discharge of paroled 

prisoners. 

11. Repeal. 

12. Takes effect. 



5. Reporting to state parole officer. 

6. State board of parole ; parole 

officers ; clerical assistance ; 
expenses. 

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

1. Parole of Prisoners. Amend section 22 of chapter 369 
of the Public Laws by striking out said section and inserting 
in place thereof the following: 22. Terms. Said permit 
shall be issued by the state board of parole hereinafter con- 
stituted upon such terms and conditions as it shall establish. 

2. After Expiration of Minimum Term. Amend section 
23 of said chapter 369 by striking out said section and insert- 
ing in place thereof the following: 23. Later Release. Any 
prisoner whose record of conduct shows that he has violated 



160 Chapter 148 [1939 

the rules of said prison may be given a like permit at such 
time as the state board of parole shall determine after the 
expiration of the minimum term of his sentence, if there shall 
appear to said board to be a reasonable probability that he will 
remain at liberty without violating the law and will conduct 
himself as a good citizen. 

3'. Meritorious Conduct. Amend section 24 of said chap- 
ter 369 by striking out said section and inserting in place 
thereof the following: 24. Earlier Release. In cases of ex- 
ceptionally meritorious conduct the state board of parole may, 
in like manner, issue such permit at a time in advance of the 
expiration of the minimum term of sentence, to be computed 
by deducting therefrom not more than three days for each 
month of such minimum term of sentence. 

4. Term of Three Years or More. Amend section 25 of 
said chapter 369 by striking out said section and inserting in 
place thereof the following: 25. Release, Two Thirds of 
Minimum. Any prisoner whose conduct while in prison has 
been meritorious and whose minimum sentence is three years 
or more may be paroled by the state board of parole when he 
has served two thirds of his minimum sentence, provided it 
shall appear to said board to be a reasonable probability that 
he will remain at liberty without violating the law and will 
conduct himself as a good citizen. 

5. Conditions. Amend section 26 of said chapter 369 by 
striking out said section and inserting in place thereof the 
following: 26. Reporting to Officer. One of the terms of 
the permit in each case shall be that the released prisoner 
shall remain in the legal custody of the state parole officer 
hereinafter provided for, to whom said prisoner shall report 
at least once each month and as much oftener as the said state 
board of parole shall determine to be proper. 

6. State Board of Parole. Amend said chapter 369 by 
striking out sections 27 to 31, inclusive, as amended by chapter 
67, Laws of 1927, and inserting in place thereof the following 
new sections: 

27. State Board of Parole. The board of trustees of the 
state prison shall constitute the state board of parole. Said 
board shall have the legal custody of all prisoners released up- 
on parole until they receive their discharge or are remanded 
to prison, and shall make such rules and regulations relative 



1939] Chapter 148 161 

to the performance of the duties of the parole officers as in 
its judgment are advisable. Said board shall keep a record of 
all its doings, and shall report thereon to the governor and 
council quarterly and oftener when by them required. 

28. State Parole Officer. Said board shall appoint some 
suitable person to act under its direction and control under 
the title of state parole officer. Said state parole officer shall 
receive for his services such salary as shall be determined by 
said board, subject to the approval of the governor and 
council. 

29. Clerical Assistance. Such state parole officer may em- 
ploy, with the approval of the board and the governor and 
council, such clerical assistance as may be necessary. 

30. Duties. Such state parole officer may supervise per- 
sons released on parole from any penal institution, if so re- 
quested by such institution, on such terms and conditions as 
may be agreed to by the board; and shall perform such other 
duties as may be required of him by said state board of parole. 

31. Assistant Parole Officers. Said board may appoint an 
assistant parole officer at such salary as it may determine, 
subject to the approval of the governor and council. Such 
assistant parole officer shall be under the direction and control 
of the state parole officer. 

31-a. Expenses. Said state parole officer and assistant 
parole officers shall be paid their reasonable and necessary ex- 
penses actually incurred in the performance of their duties, to 
be audited by the state board of parole subject to the approval 
of the governor and council. 

7. Violation of Parole. Amend section 32 of said chapter 
369 by striking out said section and inserting in place thereof 
the following: 32. Complaint for Violation. When it 
appears to the state parole officer that any prisoner on parole 
from the state prison on a permit under the provisions here- 
of has violated the terms of his permit, or has violated the 
law, or has fallen among criminal companions, it shall be the 
duty of said parole officer to report the same to any member 
of the state parole board and if it shall appear to said member 
of said board that the parolee has violated the terms of his 
permit said member shall issue a warrant for the arrest of 
said parolee who may thereupon be arrested by said parole 
officer, any assistant parole officer, or any officer within the 



162 Chapter 148 [1939 

state authorized to make arrest, and returned to the state 
prison to await the action of the parole board at their next 
regular or special meeting. At said meeting said board shall 
hear the complaint and the said parolee shall have a right to 
appear and be heard. 

8. Hearing Before Board. Amend section 35 of said chap- 
ter 369 by striking out said section and inserting in place 
thereof the following : 35. Finding; Recommittal. If said 
board of parole upon hearing finds that the parolee has 
violated the terms of his permit or has violated the law, or has 
fallen among criminal companions, and should in their judg- 
ment be returned to prison, said board shall revoke the permit 
and the parolee shall be recommitted to the state prison. 

9. Recommittal. Amend section 36 of said chapter 369 by 
striking out said section and inserting in place thereof the 
following: 36. Effect. A prisoner so recommitted shall 
serve the remainder of his maximum sentence, and in com- 
puting the period of his confinement the time between his re- 
lease upon permit and the revocation of his permit for parole 
shall not be considered as any part of the term, except that 
the time between the return of the parolee to prison after his 
arrest and revocation of the permit shall be considered as a 
part of the time which the parolee is to serve for violation of 
parole. 

10. Paroled Prisoner. Amend section 40 of said chapter 
369 by striking out the figure "33" in the sixth line and insert- 
ing in place thereof the figure 32 so that said section as 
amended shall read as follows: 40. Final Discharge. Upon 
the expiration of the term of his maximum sentence as herein 
provided, a paroled prisoner shall be entitled to receive a final 
discharge; provided, that, at the time of such expiration, no 
proceedings are pending for his recommitment. Such proceed- 
ings shall be deemed to be pending when a warrant has issued 
as provided for in section 32. 

11. Repeal. Sections 33 and 34 of said chapter 369 are 
hereby repealed. 

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

[Approved May 31, 1939.] 



1939] Chapter 149 163 

CHAPTER 149. 

AN ACT CONSENTING TO THE ACQUISITION OF LAND BY THE 

UNITED STATES FOR FLOOD CONTROL AND NAVIGATION 

PURPOSES. 



Section 

3. Application of laws. 

4. Takes effect. 



Section 

1. Consent granted to acquisition 

of land for flood control and 
navigation purposes. 

2. Additional projects. 

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

1. Consent Granted. Consent is hereby given, in accord- 
ance with the seventeenth clause of the eighth section of the 
first article of the constitution of the United States, to the 
acquisition by the United States by purchase, condemnation or 
otherwise, of any land or interests in land within this state 
required for use in connection with the construction, mainte- 
nance and operation of the following projects: (a) Bethle- 
hem Junction Reservoir on the Ammonoosuc river, providing a 
storage for approximately 6 inches of run-off over the drain- 
age area; (b) Surry Mountain Reservoir on the Ashuelot river, 
providing storage for approximately 6 inches of run-off over 
the drainage area; (c) Blackwater Reservoir on the Black- 
water river, providing storage for approximately 6.9 inches of 
run-off over the drainage area; (d) Franklin Falls Reservoir 
on the Pemigewasset river, providing storage for approximate- 
ly 3.2 inches of run-off over the drainage area; authorized by 
Congress for the benefit of navigation and the control of de- 
structive flood waters in the Connecticut river and Merrimack 
river basins; provided, however, that this state shall retain 
concurrent jurisdiction with the United States in and over any 
such lands to the extent that all civil and criminal processes 
issued under authority of this state may be executed thereon 
in the same way and manner as if this consent had not been 
given, and that exclusive jurisdiction shall revert to and re- 
vest in this state whenever such lands or interests in land shall 
cease to be the property of the United States; provided 
further, however, a suitable plan of every tract of land or in- 
terest in land so acquired has been or shall be filed in the office 
of the secretary of state within one year after the acquisition 
thereof. 



164 Chapter 150 [1939 

2. Additional Projects. Such consent is also hereby given 
to the acquisition of land or interests therein for such addi- 
tional projects as may be approved by the governor and coun- 
cil upon recommendation of the water resources board retain- 
ing, however, to the state the same jurisdiction as is reserved 
in section 1 of this act. 

3. Application of Laws. Chapter 74 of the Laws of 1935, 
as amended by chapter 26 of the Laws of 1937, shall not apply 
to the acquisition of land or interests in lands by the United 
States in accordance with provisions of this act. 

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

[Approved May 31, 1939.] 



CHAPTER 150. 



AN ACT RELATIVE TO THE RECONVEYANCE OF CERTAIN PROPERTY 
IN THE TOWN OP BOSCAWEN. 



Section 

1. Reconveyance of property au- 
thorized. 



Section 
2. Takes effect. 



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

1. Reconveyance Authorized. The secretary of state, up- 
on recommendation of the forestry and recreation commission, 
is hereby authorized to reconvey to George W. Sumner of 
Boscawen a certain tract of land in said Boscawen which was 
conveyed to the state March 29, 1926, under the provisions of 
chapter 163, Laws of 1915, now known as chapter 193 of the 
Public Laws, for the purpose of reforesting said waste and 
cut-over land, provided said George W. Sumner shall pay to 
the state before July 1, 1939, a sum equal to the cost of im- 
provements made by said forestry and recreation commission 
upon said tract with interest at four per cent per year. 

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

[Approved May 31, 1939.] 



1939] Chapter 151 165 

CHAPTER 151. 

» 

AN ACT RELATING TO THE BOUNDARY LINES OF HIGHWAYS. 



Section 
3. Takes effect. 



Section 

1. Relocation of highway boundary 

Hnes, state and state-aided. 

2. Boundary Hnes of town high- 

ways. 

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

1. Boundary Lines of Highways. Amend chapter 83 of 
the PubKc Laws by inserting after section 7, the following 
new section : 7-a. Boundary Lines of Highways. Whenever 
in the opinion of the highway commissioner the boundary 
lines, limits or location of any trunk line, state, state-aided or 
secondary highway or any part thereof which is maintained 
by the state shall have become lost, uncertain or doubtful, he 
may re-establish such boundary lines, limits or locations and 
correct the errors therein and for such purposes the center of 
the traveled way shall be presumed to be the center of the 
original layout in locations where there are no boundaries in- 
dicated by verifiable existing monuments marking the original 
layout. Said commissioner shall send a description of such 
boundary lines, limits or locations to be re-established by 
registered mail to the last known address of all persons claim- 
ing ownership of or interest in the property adjoining such 
re-established highway and file with the town clerk of the 
town in which the highway is located and with the secretary 
of state, a copy of a map or maps showing the boundary lines, 
limits or locations of such highway, which shall be binding 
upon all parties unless changed by the superior court on 
appeal taken by any person or town afi'ected thereby within 
sixty days from the date of the filing of such map or maps. 
Such boundary lines, limits or locations shall be marked in 
such manner as the commissioner shall determine. All ex- 
penses, damages and costs incurred hereunder shall be a 
charge upon the highway funds. 

2. Boundary Lines of Town Highways. Amend chapter 74 
of the Public Laws by inserting after section 2 the following 
new section: 2-a. Boundary Lines of Town Highways. 
Selectmen may re-establish the boundary lines, limits and 
locations of any town highway or any part thereof which shall 



166 Chapter 152 [1939 

have become lost, uncertain or doubtful and ghall have the 
same powers and shall proceed in the same manner as the 
highway commissioner as provided in section 7-a of chapter 83 
of the Public Laws. 

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

[Approved May 31, 1939.] 



CHAPTER 152. 



AN ACT RELATING TO THE TENURE OF OFFICE OF THE ADJUTANT- 
GENERAL. 



Section 

L The adjutant-general, tenure of 

office. 
2. Application of act. 



Section 
3. Takes effect. 



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

1. The Adjutant-General, Tenure of Office. Amend sec- 
tion 23 of chapter 124 of the Public Laws, as amended by 
chapter 141 of the Laws of 1933, by striking out said section 
and inserting in place thereof the following: 23. Appoint- 
ment. The adjutant-general shall be appointed as provided in 
article 46 of the constitution and his tenure of office shall be 
as provided for all officers in section 36. 

2. Application of Act. This act shall not affect the com- 
mission nor the term of office of the adjutant-general now in 
office but shall only become effective at the time when the 
present adjutant-general retires from office. 

3. Takes Effect. Subject to the provisions of section 2 
hereof this act shall take effect upon its passage. 

[Approved May 31, 1939.] 



1939] Chapter 153 167 

CHAPTER 153. 

AN ACT EXEMPTING THE MEMBERS OF THE NATIONAL GUARD 

FROM THE PROVISIONS OF THE ACT RELATIVE TO FINANCIAL 

RESPONSIBILITY, IN MOTOR VEHICLE ACCIDENTS. 



Section 

1. Motor vehicle financial responsi- 
bility act ; exceptions. 



Section 
2. Takes effect. 



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

1. Motor Vehicle Financial Responsibility. Amend section 
26 of chapter 161 of the Laws of 1937 by inserting at the end 
of said section the following : The provisions of this act shall 
not apply to a member of the national guard or to a motor 
vehicle owned by, or under lease to, the federal government and 
operated by him when engaged in military duty pursuant to 
orders from proper authority under existing state and federal 
laws, so that said section as amended shall read as follows: 
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. The pro- 
visions of this act shall not apply to a member of the national 
guard or to a motor vehicle owned by, or under lease to, the 
federal government and operated by him when engaged in 
military duty pursuant to orders from proper authority under 
existing state and federal laws. 

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

[Approved May 31, 1939.] 



168 



Chapter 154 



[1939 



CHAPTER 154. 

AN ACT CREATING A RETIREMENT SYSTEM FOR FIREMEN. 



Section 

1. Declaration of policy. 

2. Definitions. 

3. Retirement board. 

4. New Hampshire permanent fire- 

men's association. 

5. IXities of retirement board. 

6. Individual accounts. 

7. Retirement fund. 

8. Contribution of state to retire- 

ment fund. 

9. Administration of the retire- 

ment fund. 



Seciion 

10. Retirement. 

11. Retirement benefits. 

12. Compensation in case of deatli 

or permanent disability. 

13. Compensation; call firemen. 

14. Resignation, dismissal and re- 

instatement. 

15. Exemption. 

16. Acts repealed. 

17. Takes effect. 



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

1. Declaration of Policy. The public welfare requires that 
a system of retirement benefits shall be established to com- 
pensate the permanent firemen of this state for their future 
public services rendered in the performance of their duties of 
saving life and property within this state; and that suitable 
compensation shall be provided for the firemen of this state 
or their dependents whenever such firemen shall be perma- 
nently disabled or killed in line of duty. 

2. Definitions. The following words and phrases used in 
this act shall have the following meanings: 

I. "Permanent fireman" shall mean a private fireman or 
officer regularly employed on full time duty by any fire depart- 
ment of any city, town or precinct in the state, 

II. "New Hampshire Permanent Firemen's Association," 
hereinafter called "the association" shall mean a voluntary 
association of the permanent firemen of this state, organized 
to take advantage of the benefits of this act. 

III. "Officer" shall mean any chief, deputy chief, captain, 
lieutenant or foreman regularly employed by a fire department 
of any city, town or precinct in the state. 

IV. "Call fireman" shall mean a fireman not regularly 
employed by a fire department, but answering for duty only to 
alarms of fire. 

3. Retirement Board. The administration of the retire- 
ment system created by this act is hereby vested in a board 
to be known as The Permanent Firemen's Retirement Board, 



1939] Chapter 154 169 

consisting of five members. The comptroller, the commis- 
sioner of insurance, and the state treasurer shall be ex-officio 
members of this board. The remaining positions on the board 
shall be filled in the following manner: The members of the 
New Hampshire Permanent Firemen's Association shall 
annually nominate from their number a panel of five persons, 
a list of whom shall be filed with the retirement board. From 
this panel the governor and council shall originally appoint two 
persons, and thereafter one annually, to the board. Members 
of the association appointed to the board in the manner afore- 
said shall serve for the term of two years except that the 
original appointments shall be for one and two years re- 
spectively. Each member of the association so appointed shall 
hold office until his successor shall have been appointed and 
qualified. Until the appointment of two members of the asso- 
ciation to the board, the ex-officio members of the board are 
hereby empowered to perform all the duties of the full retire- 
ment board. Whenever a vacancy occurs in the retirement 
board by reason of the death, resignation or inability to serve, 
of either of the two members of the association serving on 
said board, the governor and council shall fill the vacancy by 
appointing one person from the panel hereinbefore mentioned 
to serve for the unexpired term created by said vacancy. The 
members of the retirement board shall serve without com- 
pensation, but shall be reimbursed for actual and necessary ex- 
penses incurred by them in the discharge of their official 
duties. 

4. New Hampshire Permanent Firemen's Association. All 
permanent firemen in this state, who are or shall hereafter 
become members of the New Hampshire Permanent Firemen's 
Association and who are under seventy years of age at the 
time of the passage of this act and who accept the provisions 
of this act by making application to the retirement board and 
by agreeing to abide by such rules and regulations as it may 
prescribe pursuant to this act, are entitled to the benefits of 
this act. All applications to the retirement board must be 
made within thirty days after the passage of this act, pro- 
vided, however, that all persons who are not permanent fire- 
men at the date of the passage of this act, but who thereafter 
become permanent firemen, shall make application to the board 
not later than thirty days after becoming permanent firemen. 



170 Chapter 154 [1939 

All permanent firemen who fail to accept this act within the 
time limits specified shall be ineligible to receive the benefits 
of this act. Permanent firemen accepting the provisions of 
this act shall give notice of such acceptance to the treasurer 
or other disbursing officer of the city, town or precinct which 
employs them. 

5. Duties of Retirement Board. The retirement board 
shall supervise the collection of assessments on all permanent 
firemen accepting the provisions of this act, and the payment 
of retirement benefits and other compensation under this act. 
To carry out the purposes of this act, the board may make all 
manner of reasonable rules and regulations not inconsistent 
with the provisions of this act. The board shall employ a sec- 
retary at a salary to be approved by it, whose duty it shall be 
to keep a record of all its proceedings and to perform such ad- 
ministrative duties as it may direct. The expenses of ad- 
ministration of this act shall be paid out of the retirement 
fund hereinafter provided for. 

6. Individual Accounts. The retirement board shall estab- 
lish and keep a record of the individual account of each perma- 
nent fireman accepting the provisions of this act. Each in- 
dividual account shall state the fireman's age, annual salary, 
length of service, date of retirement, total payments to the re- 
tirement fund, and total benefits or compensation received by 
such fireman. 

7. Retirement Fund. The retirement benefits and other 
compensation provided for by this act shall be paid out of a 
retirement fund, which shall be established as follows: At 
the beginning of each fiscal year the retirement board shall 
fix a uniform rate of assessment upon the annual salaries of all 
permanent firemen who accept the provisions of this act. The 
rate of assessment shall be not more than four per cent nor 
less than one per cent of each permanent fireman's annual 
salary. The board shall, in such manner as it may prescribe, 
give notice of the rate and amount of assessment on each 
permanent fireman's salary to the treasurer or other disburs- 
ing officer of the city, town or precinct where such permanent 
fireman is employed. All assessments under this section shall 
be payable in equal monthly installments on the last business 
day of each calendar month. It shall be the duty of the treas- 
urer or other disbursing officer of a city, town or precinct 



1939] Chapter 154 171 

which employs permanent firemen who accept the provisions 
of this act, to withhold from the monthly salary of each such 
permanent fireman, and to pay to the retirement board an 
amount equal to the monthly assessment against such perma- 
nent fireman's salary, as before provided. All permanent fire- 
men who shall accept the provisions of this act, by such accept- 
ance agree that the treasurer or other disbursing officer of the 
city, town or precinct which employs them, shall have the 
power to withhold from their monthly salaries the amounts as 
aforesaid. 

8. Contribution of State to Retirement Fund. There is 
hereby appropriated, for the purposes of this act, the sum of 
twenty thousand dollars for the fiscal year ending June 30, 
1940, and the sum of twenty thousand dollars for the fiscal 
year ending June 30, 1941, After the first two years of ex- 
perience under this act, it shall be the duty of the comptroller 
in preparing the executive budget for each ensuing biennium 
to recommend to the governor the appropriation of an amount 
not to exceed twenty thousand dollars for each fiscal year, 
sufficient to meet the needs of this act. Donations to the re- 
tirement fund may be accepted by the state treasurer. 

9. Administration of the Retirement Fund. 

I. Unless otherwise established by the retirement board, 
the first fiscal year under this act shall begin on June 1, 1939. 
All moneys collected by the board under this act shall be forth- 
with remitted to the state treasurer, who shall act as custo- 
dian of the retirement fund. With the exception of such 
moneys as may be required for current disbursement, the state 
treasurer shall invest and reinvest the retirement fund in ac- 
cordance with the laws governing the investments of savings 
banks. 

II. Upon the receipt of an order from the retirement 
board, it shall be the duty of the state treasurer to pay out of 
the retirement fund to such persons as may be entitled thereto 
such benefits or compensation as the board may find due under 
the provisions of this act. 

III. On or before the first day of August in each year, 
the state treasurer shall file with the secretary of the retire- 
ment board and the secretary of the association a sworn state- 
ment exhibiting the financial condition of the retirement fund 
as of the thirtieth day of June of such year. Such statement 



172 Chapter 154 [1939 

shall be in such form as may be prescribed by the board and 
shall be published with the report of the state -treasurer. The 
accounts of the retirement board and the books and accounts 
of the state treasurer as custodian of the retirement fund 
shall be audited and examined annually at the time and in the 
manner prescribed for the annual audit of the accounts of the 
state treasurer. 

10. Retirement. No retirement under this act may take 
place before January 1, 1940, and no voluntary retirements 
may take place before January 1, 1942. Any permanent fire- 
man who accepts the provisions of this act may retire from 
active service at the age of sixty-five provided he has served 
as a permanent fireman for a period of twenty years. All 
permanent firemen who accept the provisions of this act and 
who have served as permanent firemen for twenty years shall 
retire from active service at the age of seventy. Upon the 
recommendation of the association that any permanent fire- 
man, who has accepted this act, is capable of further render- 
ing satisfactory service, the retirement board may extend the 
age of compulsory retirement for such fireman for five years. 
Any permanent fireman accepting the provisions of this act 
and having served for twenty years, who shall be dismissed 
from service after having reached the age of sixty-five shall 
be entitled to the benefits of this act. Upon retirement a 
permanent fireman shall no longer be obligated to pay assess- 
ments to the retirement fund. Call firemen who become 
permanent firemen may have one half of their term of service 
as call firemen counted as part of their term of service as 
permanent firemen, provided that the five years immediately 
preceding retirement shall have been permanent service. The 
probationary periods of permanent firemen shall be counted 
as part of their term of service. 

11. Retirement Benefits. Any permanent fireman who re- 
tires or is dismissed from service as provided in section 10, 
and who shall have complied with all the provisions of this act 
and with the rules and regulations of the board, shall be en- 
titled to receive from said board for each year during the re- 
mainder of his natural life, a sum equal to one-half the annual 
salary received by him during the year preceding his retire- 
ment or dismissal as determined by the board. This sum shall 



1939] CHAPTER 154 173 

be paid to him in equal monthly installments on the first busi- 
ness day of each calendar month. 

12. Compensation in Case of Death or Permanent Dis- 
ability. A permanent fireman accepting the provisions of this 
act, who shall have become permanently disabled because of 
injury received in line of duty shall receive an annual sum 
equal to one-half his annual salary at the date of his disability, 
for the duration of such permanent disability. The fact of 
permanent disability may be established by the certificate of 
a physician designated by the board. In case a permanent 
fireman accepting the provisions of this act shall die as the 
result of injury received in line of duty, his widow, or if none, 
his minor child or children shall receive an annual sum equal 
to one-half the salary of such deceased fireman at the time of 
his death, until, in case of a widow, she dies or remarries, or, 
in case of minor child or children, they reach the age of 
eighteen years or die. 

13. Compensation in Case of Death or Disability of Call 
Firemen. Any call fireman in this state who suffers injury in 
line of duty which results in total disability to perform any 
useful occupation, shall be entitled to receive for the duration 
of such disability, an annual sum equal to one-half the annual 
salary allowed to permanent firemen of same grade in same 
department to which said fireman belonged, or in nearest fire 
department employing permanent firemen. The fact of total 
disability may be established by the certificate of a physician 
designated by the board. 

In case any call fireman in this state shall suffer injury in 
line of duty which results in death, his widow, or, if none, his 
minor child or children shall receive an annual sum equal to 
the compensation allowed call firemen in case of permanent 
disability, until, in case of a widow, she dies or remarries, or, 
in case of a minor child or children, they reach the age of 
eighteen years or die. The compensation provided for in this 
section shall be paid out of the retirement fund. 

*Any call firemen who desire the benefits of this act shall 
make application to the retirement board within thirty days of 
the passage of this act, and pay the sum of three dollars per 
year, said amount to be paid in one sum. Any person here- 
after becoming a call fireman may in the same manner, within 



* Amended chapter 182, post. 



174 Chapter 154 [1939 

thirty days of his appointment thereto, accept the benefits 
hereunder. 

Call firemen accepting the benefits of this act shall give 
notice of such acceptance to the treasurer or other disbursing 
officer of the city, town, or precinct which employs them. 

14. Resignation, Dismissal and Reinstatement. Any 
permanent fireman accepting the provisions of this act who 
shall retire or be dismissed from service under the age of 
sixty-five years, and the personal representatives of any such 
permanent fireman who may die under the age of sixty-five 
years, shall be entitled to receive from the board all payments 
made thereto by him with interest at such rate as the board 
may prescribe. Upon retirement or dismissal from service a 
permanent fireman shall no longer be obligated to pay assess- 
ments to the fund. Any permanent fireman, resigned or dis- 
missed from service as aforesaid, may, if he thereafter re- 
enters service as a permanent fireman, be reinstated to the 
benefits of this act upon payment to the board of all assess- 
ments which might have been assessed against him from the 
date of his original acceptance of this act to the date of his 
reinstatement to the benefits of this act, 

15. Exemption. The payments made by permanent fire- 
men to the retirement board and the benefits or compensation 
received under this act shall be exempt from taxation, attach- 
ment and the operation of laws relating to insolvency or bank- 
ruptcy. No assignment of benefits or compensation due under 
this act shall be valid unless approved by the board. 

16. Acts Repealed. All special or general acts and parts 
of such acts, inconsistent with this act, are hereby repealed, 

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

[Approved June 1, 1939.] 



1939] Chapter 155 175 

CHAPTER 155. 

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



Section 

1. Strafford county probate office, 
clerk hire. 



Section 
2. Takes effect. 



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

1. Strafford 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, and section 1, chapter 111, 
Laws of 1937, by inserting after the words '*In Rockingham 
county, eight hundred dollars" the words, In Strafford county, 
five hundred dollars, 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 Strafford county, five hundred dollars. 

In Merrimack county, nine hundred dollars. 

In Hillsborough county, two thousand, five hundred dollars. 

In Sullivan county, three hundred dollars. 

In Grafton county, three hundred dollars. 

In Coos county, one hundred fifty dollars. 

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

[Approved June 2, 1939.] 



176 Chapter 156 [1939 

CHAPTER 156. 

AN ACT TO PROVIDE EDUCATIONAL FACILITIES FOR HANDICAPPED 

CHILDREN. 



Section 
2. Takes effect. 



Section 

1. Handicapped children ; enumera- 
tion, education required, em- 
ployment of teachers, trans- 
portation, federal assistance, 
expenses. 

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

1. Handicapped Children. Amend chapter 116 of the 
Pubhc Laws by inserting- after section 39 the following new 
subdivision : 

Handicapped Children 

40. Definition. The term "handicapped child" as used in 
this subdivision shall mean a child under twenty-one years of 
age, married or unmarried, whose activity is or may became 
so far restricted by defect or deformity of bones or muscles 
or the impairment of function thereof, or by other physical 
handicap, as to reduce his normal capacity for education and 
self-support. 

41. Enumeration of Handicapped Children. Each truant 
officer, or agent appointed by the school board of cities or 
towns, shall annually, in the month of September, make an 
enumeration of every handicapped child within his school dis- 
trict and shall make a report thereof to the school board with- 
in fifteen days of its completion. 

42. State Board of Education Investigation. The reports 
of truant officers and agents, as provided in the preceding sec- 
tion shall be forwarded by the school boards to the state board 
of education. Upon receipt of such reports said state board of 
education shall investigate the needs of such handicapped 
children and make such rules and regulations relative to their 
education as may be necessary for the proper development of 
said children. The state board shall also prepare and main- 
tain a register of the handicapped children in the state, which 
register shall be separate from other registers maintained by 
said board. 

43. Education Required. Every handicapped child capable 
of being benefitted by instruction shall attend a school or other 



1939] Chapter 156 177 

place for such instruction to which he may be assigned, or 
shall be instructed in his home for at least two hours per week 
for such number of weeks as the state board of education may 
determine, 

44. Teachers Employed. The school board of every town 
shall, in accordance with rules and regulations of the state 
board, employ a teacher or teachers who shall offer instruc- 
tion to such handicapped children, within the district, in their 
homes or at such places within or without the district and 
under such conditions as the board may arrange. 

45. Transportation. The school board shall furnish suit- 
able transportation to all handicapped children, who are 
physically able to be so transported, from their homes to the 
place where such instruction is to be furnished. Where the 
cost of such transportation would constitute an unreasonable 
expense the school board shall at the expense of the district 
board the children near the place where such instruction is to 
be furnished and provide transportation therefrom. 

46. Federal Assistance. The state board of education is 
hereby authorized to co-operate with the federal government 
or any agency thereof in the development of any plan for the 
education of handicapped children and to receive and expend, 
in accordance with such plan, all funds made available to said 
board from the federal government or any of its agencies, the 
state or from other sources. The several school districts of 
the state are hereby authorized to receive and expend for the 
purposes hereof such funds as may be made available to them 
through the state board of education from the federal govern- 
ment or any of its agencies. 

47. Expenses. The expenses incurred by a school board 
in administering the law in relation to education for handi- 
capped children shall be paid by the district in which the case 
arises. 

47-a. Limitation. Nothing in this subdivision shall be 
construed as authorizing any public official, agent or repre- 
sentative, in carrying out any of the provisions of this sub- 
division, 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. 



178 



Chapter 157 



[1939 



2. Takes Effect. This act shall take effect as of Septem- 
ber 1, 1939. 

[Approved June 2, 1939.] 



CHAPTER 157. 



AN ACT PROVIDING FOR REPORTS TO BE MADE CONCERNING 
CHILDREN WITH IMPAIRED HEARING. 



Section 

1. Reports required of children 
suffering deafness or impair- 
ment of hearing. 



Section 
2. Takes effect. 



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

1. Children Suffering Deafness or Impairment of Hearing. 

Amend chapter 128 of the Public Laws by inserting after sec- 
tion 15, as inserted by section 2, chapter 58, Laws of 1937, 
the following new sections: 16. Reports Required. Any 
parent, guardian, attending or school physician, nurse or 
teacher of any child, under sixteen years of age, who, for a 
period of six months or more, has evidenced an impairment 
of his hearing shall report the fact in writing to the secretary 
of the state board of health, giving the name, sex, age and 
residence of such child and any other information relative 
thereto as the secretary may require. 17. Rules and Regula- 
tions. The state board of health is hereby authorized to make 
such rules and regulations as may be necessary or desirable 
relative to the reports required by section 16. 18. Informa- 
tion as to Schools. The state board of education shall co- 
operate with the state board of health in furnishing to parents 
or guardians of such children information as to the location of 
schools for the deaf or the nearest public school having special 
classes for instruction for the hard of hearing. 

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

[Approved June 2, 1939.] 



1939] Chapter 158 179 

CHAPTER 158. 

AN ACT RELATING TO INVESTMENTS OF SAVINGS BANKS. 

Section I Section 

1. Investments of savings banks. I 2. Repeal ; takes effect. 

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

1. Investments of Savings Banks. Amend paragraph I-a 
of section 3, chapter 262, Public Laws, as inserted by section 1, 
chapter 32, Laws of 1935, and as amended by section 11, chap- 
ter 103, Laws of 1937, by striking out all of said paragraph 
and inserting in place thereof the following: I-a. Loans 
Insured by the Federal Housing Administrator. Those 
secured by mortgage on real estate situated within or without 
this state and without respect to the value of such real estate 
if the federal housing administrator has insured, or made 
commitment to insure, such notes and bonds, provided the 
laws of the United States entitle the mortgagee to receive pay- 
ment 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 in- 
terest by the United States. The authority to invest in loans 
described in paragraph I and this paragraph shall be so ex- 
ercised that the total amount invested in such loans shall not 
exceed seventy-five per cent of the deposits. 

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

[Approved June 2, 1939.] 



180 Chapter 159 [1939 

CHAPTER 159. 

AN ACT TO PROVIDE A BOND ISSUE FOR THE ERADICATION OF 
BOVINE TUBERCULOSIS AND BANG's DISEASE. 



Section 

1. Eradication of bovine tuber- 

culosis and bang's disease. 

2. Bonds and notes authorized. 

3. Short-term notes. 



Section 

4. Appropriation. 

5. Takes effect. 



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

1. Eradication of Bovine Tuberculosis and Bang's Disease. 

Amend section 46, chapter 187, Public Laws, as amended by 
section 1, chapter 22, Laws of 1931, as amended by section 2, 
chapter 125, Laws of 1935, by striking out the entire section 
and inserting in place thereof the following : 46. Special Areas. 
When sixty-five per cent of the cattle owners in any given 
town or county apply or have applied to the state for the 
tuberculin or bang's disease test, or when sixty-five per cent 
of all the cattle in a town or county are under state super- 
vision, the commissioner may declare any town or county a 
quarantine area and proceed to test all animals within said 
area. When said area has been declared practically free from 
tuberculosis or bang's disease by the commissioner, said area 
may be declared a modified accredited area and the commis- 
sioner may issue rules and regulations prohibiting the ship- 
ment or transportation into said area of any bovine animals 
without permit and proper health certificates. On July 1, 
1942 or within thirty days thereafter the commissioner shall 
declare the entire state of New Hampshire a quarantine area 
and proceed to test for bang's disease all animals within said 
area. The commissioner shall make such tests from time to 
time as he sees fit at the expense of the state, but if any re- 
actors shall at any time be found they shall be appraised, 
slaughtered, and paid for as provided by this chapter, or may 
be retained in strict quarantine as herein provided. The com- 
missioner may retest any animal or animals when in his judg- 
ment the conditions warrant it. 

2. Bonds and Notes Authorized. The state treasurer is 
liereby authorized, with the consent of the governor and coun- 
cil, to borrow such sums as are needed from time to time, not 
to exceed seven hundred thousand dollars, upon the credit of 



1939] Chapter 159 181 

the state, and for that purpose may issue bonds and notes, in 
the name and on behalf of the state of New Hampshire, at a 
rate of interest to be so determined at the time of consent to 
the issue, and said interest to be payable semi-annually. Such 
bonds and notes shall be in such form and such denominations 
as the governor and council may determine, may be register- 
able as to both principal and interest, and shall be counter- 
signed by the governor and shall be deemed a pledge of the 
faith and credit of the state. The maturity dates of such 
bonds and notes shall be within the limits herein fixed. One 
hundred thousand dollars of such bonds and notes shall 
mature in each of the following fiscal years : 1941, 1942, 1943, 
1944, 1945, 1946 and the balance in the fiscal year of 1947. 

The secretary of state shall keep account of all such bonds 
and notes as countersigned by the governor, showing the num- 
ber and amount of each bond and note, the time of counter- 
signing, 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 
persons 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 and notes by direction of, and 
in such manner as, the governor and council deem most 
advantageous to the state. 

The governor, with the advice and consent of the council, 
shall draw his warrant for the payment, from the funds pro- 
vided for by this act, of all sums expended or due for the pur- 
poses authorized by section 4 hereof. 

3. Short-Term Notes. Prior to the issuance of serial 
bonds and notes hereunder the treasurer, with the consent of 
the governor and council, may for the purposes hereof borrow 
money from time to time on short-term loans which may be 
refunded by the issuance of bonds and notes hereunder, pro- 
vided however that at no time shall the indebtedness of the 
state on such short-term loans and said bonds and notes ex- 
ceed the said sum of seven hundred thousand dollars, 

4. Appropriation. The proceeds of the sale of the bonds 
and notes issued and sold under the provisions of sections two 
and three are hereby appropriated for the department of 
agriculture for use in eradicating bang's disease and for in- 
demnities for bovine tuberculosis as provided for in chapter 



182 Chapter 160 [1939 

187, Public Laws, and amendments thereto, and unexpended 
portions of said proceeds remaining in the treasury at the end 
of the fiscal year shall not lapse, but shall be available only for 
the eradication of bang's disease and for indemnities for 
bovine tuberculosis. 

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

[Approved June 2, 1939.] 



CHAPTER 160. 



AN ACT RELATING TO TEMPORARY VACANCIES IN THE OFFICE OF 
TOWN TREASURER AND TREASURER OF SCHOOL DISTRICTS. 



Section 
3. Takes effect. 



Section 

1. Town treasurer, temporary 

vacancy. 

2. School district treasurer, tempo- 

rary vacancy. 

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

1. Town Treasurer. Amend chapter 47 of the Public Laws 
by inserting after section 45 the following new section: 45-a. 
Temporary Vacancy. If any person holding the office of town 
treasurer shall, by reason of illness, accident, absence from the 
state or other cause, become temporarily incapacitated and 
unable to perform the duties of his said office, the superior 
court may, upon application of the selectmen, declai-e a 
temporary vacancy and shall appoint an acting town treas- 
urer to perform the duties of the office 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 com- 
pensation to the appointee for services and expenses, and shall 
fix the amount of the bond to be given by said appointee. Said 
appointee shall be subject to the requirements and liabilities of 
such office during the vacancy. 

2. School District Treasurer. Amend chapter 120 of the 
Public Laws by inserting after section 22 the following new 
section: 22-a. Temporary Vacancy. If any person holding 
the office of treasurer shall, by reason of illness, accident, 
absence from the state or other cause, become temporarily in- 
capacitated and unable to perform the duties of his said office. 



1939] Chapter 161 183 

the superior court may, upon application of the school board, 
declare a temporary vacancy and shall appoint an acting dis- 
trict treasurer to perform the duties of the office 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 ex- 
penses, and shall fix the amount of the bond to be given by said 
appointee. Said appointee shall be subject to the require- 
ments and liabilities of such ofiice during the vacancy. 

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

[Approved June 2, 1939.] 



CHAPTER 161. 



AN ACT RELATIVE TO THE REGISTRATION FEES FOR MOTOR 

VEHICLE TRACTORS AND TRACTORS USED FOR 

AGRICULTURAL PURPOSES ONLY. 



Section 

1. Motor vehicle registration fees. 

2. Tractors, trucks and commercial 

vehicles used for agricultural 
purposes only. 



Section 
3. Takes effect. 



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

1. Motor Vehicle Registration Fees. Amend paragraph III 
of section 1, chapter 102, Public Laws, as amended by chapter 
94, Laws of 1927, chapter 45, Laws of 1935, chapter 48, Laws 
of 1939, and section 5, chapter 132, Laws of 1939, by strik- 
ing out the same and inserting in place thereof the following: 
III. For each motor vehicle or tractor, including trailers and 
semi-trailers equipped with pneumatic tires, except motor 
cycles and motor cycle sidecars, and except as provided in 
paragraph Ill-a, the following rates based on the gross 
weight of the vehicle and load: All vehicles and load not 
exceeding four thousand pounds, thirty-five cents per 
hundred pounds; exceeding four thousand pounds and not 
exceeding six thousand pounds, forty-five cents per hundred 
pounds; exceeding six thousand pounds and not exceeding 
eight thousand pounds, fifty cents per hundred pounds; 
exceeding eight thousand pounds, sixty cents per hun- 



184 Chapter 161 [1939 

dred pounds. For all vehicles equipped with hard rubber 
tires the sum of twenty cents per hundred pounds shall 
be added to the above rates. For all vehicles equipped with 
iron, steel or other hard tires the sum of forty cents per hun- 
dred pounds shall be added to the above rates; provided that 
the minimum fee as provided herein shall be ten dollars for 
passenger vehicles and iifteen dollars for trucks. Well drilling 
machines on motor vehicle truck chassis and truck shovels on 
motor vehicle truck chassis shall pay one third of the above 
rates. Cement mixers, saw rigs and air compressors towed 
by motor vehicles shall pay one tenth of the above rates ex- 
cept when towed exclusively within the limits of a single city 
or town, in which case no fees for registration shall be 
collected. In the registration of any tractor to be used in com- 
bination with a semi-trailer, the gross weight shall include the 
weight of such tractor, the weight of the heaviest semi-trailer 
to be used therewith, the weight of the maximum load to be 
carried thereby, and separate registration certificates and 
plates shall be provided for the tractor and the semi-trailer. 
For the registration of each additional or extra semi-trailer 
the fee shall be twenty-five dollars. 

2. Tractors, Trucks and Commercial Vehicles Used for 
Agricultural Purposes Only. Amend section 1 of chapter 102 
of the Public Laws, by inserting after paragraph III, as here- 
inbefore amended the following new paragraph : Ill-a. For 
each tractor used for agricultural purposes only, each vehicle 
of the tractor type used for agricultural purposes only and 
used to draw another vehicle in such a way that a part of the 
load is carried on such towing vehicle, each tractor used for 
power purposes only that does not haul loads on the public 
highways, except as hereinbefore provided for tractor type 
vehicles, each tractor or truck used only on snow and each 
snowmobile, two dollars. Each commercial vehicle or truck 
used for agricultural purposes only and used on the public 
highways within a radius of five miles from the main entrance 
of the farm upon which said vehicle is operated, two dollars, 
provided that said vehicle under such limited registration shall 
not be used for the purpose of transporting produce or goods 
for sale or for hire. 



1939] Chapter 162 185 

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

[Approved June 2, 1939.] 



CHAPTER 162. 

AN ACT RELATING TO SIRENS ON MOTOR VEHICLES. 

Section I Section 



L Use of sirens prohibited on 

motor vehicles. 
2. Manner of driving emergency 

motor vehicles. 



3. Penalty for violations. 

4. Takes effect. 



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

1. Use Prohibited. Amend chapter 103 of the Public Laws 
by inserting after section 4-b, as inserted by section 2, chap- 
ter 194 of the Laws of 1937, the following new section: 4-c. 
Sirens. It shall be unlawful for any motor vehicle to be 
operated on the ways of this state equipped with a siren. The 
provisions of this section shall not apply to such emergency 
vehicles as police, fire department and fire patrol vehicles nor 
motor vehicles registered to law enforcement officers, or 
volunteer member of fire departments, nor public nor private 
ambulances. 

2. Manner of Driving Motor Vehicles. Amend chapter 103 
of the Public Laws by inserting after section 11 the following 
new section: 11-a. Emergency Vehicles. A person operat- 
ing an emergency vehicle, as exempted under the provisions 
of section 4-c, equipped with a siren shall not use said siren 
except when such vehicle is being operated in response to an 
emergency call, or in immediate pursuit of an actual or 
suspected violator of the law. An operator of a motor vehicle 
being operated on the ways of this state upon the approach 
of an emergency motor vehicle with its siren in operation shall 
immediately drive the vehicle as far as possible toward the 
right hand side of the way and shall bring the vehicle to a 
standstill until such emergency vehicle has passed. 

3. Violations. Amend chapter 103 of the Public Laws by 
inserting after section 18-a, as inserted by chapter 34, Laws 
of 1937, the following new section: 19. Penalty. Except as 
otherwise provided for herein any person convicted of a viola- 



186 Chapters 163, 164 [1939 

tion of any provision of this chapter 103 or any rule or regu- 
lation made under authority hereof shall be fined not more 
than twenty-five dollars for the first offense, and not more 
than one hundred dollars for any subsequent offense com- 
mitted during any calendar year. 

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

[Approved June 2, 1939.] 



CHAPTER 163. 

AN ACT RELATIVE TO EXCEPTIONS TO THE MOTOR VEHICLE 
FINANCIAL RESPONSIBILITY ACT. 

Section I Section 

1. Motor vehicle financial responsi- 2. Takes effect, 

bility law; exceptions. 1 

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

1. Motor Vehicle Financial Responsibility. Amend chap- 
ter 161 of the Laws of 1937 by inserting after section 26 the 
following new section: 26-a. Municipal Fire Departments. 

The provisions of this act shall not apply to a permanent, call 
or volunteer fireman of a municipal fire department while on 
official duty operating a motor vehicle owned by the state or 
said fire department and shall not apply to said motor vehicle 
while so operated. 

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

[Approved June 2, 1939.] 



CHAPTER 164. 

AN ACT RELATIVE TO THE USE OF HIGHWAYS BY BICYCLE RIDERS 

AND OTHERS. 



Section 

1. Bicycle riders, prohibitions. 

2. City and town ordinances and 

by-laws. 



Section 

3. Penalty. 

4. Takes effect. 



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

1. Bicycles. Amend chapter 90 of the Public Laws by in- 
serting after section 17 the following new sections: 17-a. 



1939] • Chapter 165 187 

Application of Laws. Every person riding a bicycle upon a 
highway shall be subject to the law of the road applicable to 
the driver of a vehicle, as provided in sections 1 to 4, inclusive, 
of this chapter. 17-b. Clinging to Vehicles Prohibited. No 
person riding any bicycle, coaster, roller skates, sled or toy 
vehicle shall hold fast to or hitch on to any street car or 
vehicle upon a highway. 

2. Cities and Towns. Amend section 18 of said chapter 90 
by striking out said section and inserting in place thereof the 
following: 18. Ordinances and By-Laws. Any city or town 
shall have the power to make ordinances, by-laws or regu- 
lations respecting the use of and equipment of bicycles on the 
highways of said city or town including the power to require 
said bicycles to be licensed and may charge reasonable fees for 
such licenses. 

3. Penalty. Amend said chapter 90 by inserting after 
section 18 the following new section: 18-a. Penalty. Any 
person violating the provisions of section 17-b, or any ordi- 
nance, by-law or regulation made by a city or town under the 
provisions of section 18 shall be fined not more than five 
dollars. 

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

[Approved June 7, 1939.] 



CHAPTER 165. 

AN ACT RELATING TO FOREST FIRES. 

Section j Section 

1. Power of forest fire wardens to 2. Takes effect, 

close highways in emergency. I 

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

1. Powers of Forest Fire Wardens. Amend chapter 191 of 
the Public Laws by inserting after section 19 the following 
new sections: 19-a. Closing Highways. Any warden or 
deputy warden may order any road or highway closed to any 
motor vehicle or horse drawn vehicle in any town or city 
where there is a brush or forest fire if it becomes necessary in 
order to safeguard the proper extinguishing of said fire. 
19-b. Penalty. Any person who drives a motor vehicle or 



188 Chapter 166 [1939 

horse drawn vehicle over a road or highway that has been 
closed under section 19-a, after having been instructed not to 
do so, shall be fined not less than ten dollars and not more than 
twenty-five dollars. 

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

[Approved June 7, 1939.] 



CHAPTER 166. 

AN ACT RELATING TO COMMITMENT TO THE STATE HOSPITAL. 



Section 

1. Physicians certificates for com- 
mitment of insane persons. 



Section 
2. Takes effect. 



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

1. Commitment of Insane Persons. Amend section 18 of 
chapter 11 of the Public Laws by inserting after the word 
"mayor" in the sixth line the words, or city clerk, or a justice 
of the municipal court of a city, and by inserting after the 
word "town" in said sixth line the words, or the town clerk, 
so that said section as amended shall read as follows: 18. 
Physicians' Certificates. No person shall be committed to the 
state hospital, except as otherwise specially provided, without 
the certificate of two reputable physicians that such person 
is insane, given after a personal examination made within one 
week of the committal. Such certificate shall be accompanied 
by a certificate of a judge of the superior or probate court, 
mayor, or city clerk, or a justice of the municipal court of a 
city, or one of the selectmen of a town, or the town clerk, 
certifying to the genuineness of the signatures and the 
respectability of the signers. The physicians making such 
examination shall be legally registered to practice medicine in 
this state, and in the actual practice of their profession at the 
time of said examination and for at least three years prior 
thereto. They shall act jointly in making such examination, 
and their certificate shall bear the date thereof. Neither of 
said physicians shall be a relative of the person alleged to be 
insane, or an official of the institution to which it is proposed 
to commit him. The certificate of insanity shall be in the 
form prescribed by the commission of lunacy and shall contain 



1939] Chapter 167 189 

the facts and circumstances upon which the judgment of the 
physicians is based. 

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

[Approved June 7, 1939.] 



CHAPTER 167. 



AN ACT TO ELIMINATE THE DIRECT STATE TAX ON REAL PROPERTY 
BY MEANS OF A TAX ON TOBACCO PRODUCTS. 



Section 

1. Definitions. 

2. Licenses to distributors and 

dealers. 

3. Term of validity of license. 

4. Revocation of license. 

5. Tax on tobacco products im- 

posed. 

6. Stock in trade tax. 

7. Sale of stamps. 

8. Metering machines. 

9. Resale and redemption. 

10. Non-residents authorized to affix 
stamps. 



Section 

11. Distributors to affix stamps. 

12. Dealers to affix stamps. 

13. Sale of unstamped tobacco 

products prohibited. 

14. Sales between licensed distribu- 

tors. 

15. Forfeiture. 

16. Fraudulent stamps. 

17. Taxpayers to keep records ; 

commission may examine. 

18. Tax commission to administer 

act. 

19. Takes effect. 



Whereas, the tax load on real property is extremely heavy 
and is rapidly approaching a point where it will be unbear- 
able; and 

Whereas, the state, through the direct state tax levied on 
the cities and towns, at present adds to this burden in the 
amount of one million two hundred thousand dollars 
($1,200,000) annually; and 

Whereas, in these times of extraordinary difficulty for tax- 
payers and when everything possible should be done for their 
relief, it is altogether desirable that the state do its part by 
eliminating the direct state tax ; and 

Whereas, it is feasible to accomplish this purpose by sub- 
stituting for the direct state tax a levy upon tobacco products 
at the rate of fifteen per cent of the retail selling price, which 
among other results will impose a tax of one cent on each 
ten cigarettes ; now, therefore 

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

1. Definitions. Whenever used in this act the following 
words shall have the meanings set opposite them below: 
I. "Commission," the state tax commission. 



190 Chapter 167 [1939 

XL "Person," any individual, firm, fiduciary, partner- 
ship, corporation, trust, or association, however formed. 

III.* "Distributor," any person in this state engaged in 
the business of manufacturing or procuring tobacco products 
for sale to dealers in this state as defined herein and who pur- 
chases tobacco products at wholesale for the purpose of resale 
to retailers; provided any person engaged in conducting ten 
or more retail outlets for the sale of tobacco products in this 
state who shall buy such tobacco products at wholesale and 
sell them direct to the consumer at such retail outlets shall be 
considered a distributor. 

IV. "Licensed distributor," a distributor licensed under 
the provisions of this act. 

V. "Dealer," any person other than a distributor, who is 
engaged in this state in the business of selling tobacco 
products. 

VI. "Licensed dealer," a dealer licensed under the pro- 
visions of this act. 

VII. "Sale" or "Sell," any transfer, whether by bargain, 
gift, exchange, barter or otherwise. 

VIII. "Stamp," includes impressions made by metering 
machines the use of which is authorized herein. 

t 

2. Licenses. Each distributor or dealer in this state shall 
secure a license from the commission before engaging in the 
business of selling tobacco products in this state or continuing 
to engage therein after July 1, 1939. Each wholesale and re- 
tail outlet shall have a separate license, and a separate appli- 
cation shall be made therefor regardless of the fact that one 
or more outlets may be owned or controlled by a single person. 
The commission shall issue a license upon application stating 
such information necessary to identify the outlet and the 
character of business there transacted as the commission may 
require for the proper administration of this act. The com- 
mission shall charge a fee of twenty-five dollars for a whole- 
sale license and one dollar for a retail license, for the purpose 
of helping to pay the cost of administering this act. Each 
license shall be prominently displayed on the premises de- 
scribed in it. Any person who shall sell, offer for sale or 
possess with intent to sell any tobacco products without a 



* Amended chapter 180, post. 

t New paragraphs IX and X, chapter 180, post. 



1939] Chapter 167 191 

license as provided herein, shall be fined not more than twenty- 
five dollars for the first offense and not less than twenty-five 
dollars and not more than two hundred dollars for each sub- 
sequent offense. 

3/'= Term of Validity of License. Licenses issued under the 
provisions of this act shall be valid for a period of one year 
from the date of issue, unless sooner revoked, or unless the 
business with respect to which a license was issued shall 
change ownership. Licenses may be renewed upon filing an 
application as provided in section 2 and paying the fee therein 
prescribed. No person shall cause a cigarette vending ma- 
chine to be operated in this state unless such machine shall 
have been licensed by the commission as a retail outlet and 
appropriately identified as such in such manner as the com- 
mission shall determine. 

4. Revocation of License. The commission may revoke 
any license issued hereunder for failure of the holder thereof 
to comply with the provisions of this act and lawful rules and 
regulations established hereunder. 

5/'' Tax Imposed. A tax is hereby imposed at the rate of 
fifteen per cent upon the value of all tobacco products sold at 
retail in this state on and after July 1, 1939, measured by the 
sale price. The payment of the tax shall be evidenced by 
affixing stamps to the smallest packages containing the tobacco 
products in which such products usually are sold at retail, but 
the word package as used herein shall not include individual 
cigars, cigarettes, or plugs or hanks of chewing tobacco, and 
such stamps shall be affixed in denominations of not less than 
one-half cent to an aggregate value nearest the tax hereby 
imposed. No tax is imposed on any transactions the taxation 
of which by this state is prohibited by the constitution of the 
United States. 

6. Stock in Trade Tax. The average value for the year of 
the stock of tobacco products carried by a licensed distributor 
or a licensed dealer shall be deducted from his stock in trade 
in computing the tax imposed by section 14, chapter 60 of the 
Public Laws and to that extent he shall be exempted from the 
tax on stock in trade. 

7.''' Stamps. The tax commission shall provide the state 
treasurer with stamps suitable to evidence the payment of the 
tax hereby imposed. The state treasurer may sell such 



* Amended chapter 180, post. 



192 Chapter 167 [1939 

stamps to licensed distributors at a discount of five per cent 
to encourage distributors to afRx such stamps and compen- 
sate them for so doing, and to licensed dealers at face value. 
The state treasurer may extend credit to the purchasers of 
such stamps for not more than thirty days, provided that a 
bond satisfactory to him in an amount not less than the sale 
price of the stamps shall have been filed with him. 

8/'' Metering Machine. The tax commission may authorize 
any licensed distributor or dealer to use a metering machine 
in accordance with such rules and regulations prescribed by 
it as may be necessary to insure the payment of all taxes 
properly due in accordance with this act. The commission 
shall not permit the use of any such machine unless prepay- 
ment covering the amount of tax less the discount, if any, 
for which the meter is set shall have been made, or unless a 
bond satisfactory to the state treasurer shall have been filed 
conditioned upon payment of said amount. Cash may be 
accepted as security in place of a surety bond. Each machine 
shall be read and inspected at least once a month, and unless 
prepayment on account of said machine shall have been made 
the tax shall be determined at the time of each inspection, and 
after allowing for the discount, if any, as provided herein it 
shall become at once due and payable. 

9/^' Resale and Redemption. No distributor or dealer shall 
sell or transfer any stamps issued under the provisions of this 
act. The state treasurer shall redeem any unused, uncancelled 
stamps presented by any licensed distributor or dealer, at a 
price equal to the amount paid therefor by such dealer or dis- 
tributor. 

10.* Non-residents Authorized to Affix Stamps. If the 
commission shall find that the collection of the tax hereby im- 
posed would be facilitated, it may in its discretion authorize 
any person resident or located outside this state and engaged 
in a business which would make such person if he carried it 
on in this state a distributor as defined herein, and who ships 
tobacco products into the state for sale to dealers, to aflSx 
the stamps required by this chapter on behalf of the pur- 
chasers of such tobacco products. Upon approval by the com- 
mission the state treasurer may sell stamps to such person or 
the commission may authorize the use of a metering machine 
as provided herein. No stamps shall be sold or no such 



* Amended chapter 180, post. 



1939] Chapter 167 193 

authorization shall issue, however, until such non-resident 
person shall have appointed the secretary of state his attorney 
for the service of process in this state in the same manner as 
is provided in chapter 231 of the Public Laws. Service shall 
be made on the secretary of state as agent of such person in 
the same manner as is provided in said chapter 231. The 
commission may establish such rules and regulations and im- 
pose such conditions upon a grant of authorization to affix 
stamps to a non-resident as to it shall seem necessary to in- 
sure compliance with the provisions of this act, including the 
right to inspect the books of such non-resident and the post- 
ing of a bond conditioned upon the payment of all taxes here- 
by imposed. 

11. Distributors to Affix Stamps. At any time before 
tobacco products are transferred out of the possession of a 
distributor after July 1, 1939, he shall affix, at the location 
for which the license is issued, to each individual package of 
tobacco products sold or distributed by him, stamps of the 
proper denomination in accordance with the rules and regula- 
tions established by the commission. 

12. Dealers to Affix Stamps. Each dealer shall within 
twenty-four hours after July 1, 1939, and within twenty-four 
hours after coming into possession of any tobacco products 
not bearing proper stamps and before selling the same, affix 
thereto, at the location for which his license is issued, stamps 
of the proper denomination in accordance with rules and regu- 
lations established by the commission. 

13. Sale of Unstamped Tobacco Products Prohibited. No 
distributor shall sell and no other person shall sell, offer for 
sale, display for sale, or possess with intent to sell any tobacco 
products not properly stamped hereunder, provided a licensed 
dealer may keep on hand at the location for which his license 
is issued unstamped tobacco products for a period not exceed- 
ing twenty-four hours. Any unstamped tobacco products in 
the possession of a dealer shall be presumed to be held by him 
for more than twenty-four hours unless proof be shown to the 
contrary. Any person who shall violate any provision of this 
section shall be fined not more than one hundred dollars for 
the first offense, and for each subsequent offense shall be fined 
not less than two hundred dollars nor more than five hundred 
dollars, or imprisoned not more than one year, or be both 
fined and imprisoned. 



194 Chapter 167 [1939 

14. Sales Between Licensed Distributors. No provision of 
this act shall prohibit the sale of unstamped tobacco products 
by one licensed distributor to another licensed distributor. 

15. Forfeiture. Any tobacco products found at any place 
in this state without stamps affixed thereto as required here- 
in, unless they shall be in the possession of a licensed dis- 
tributor or unless they shall be in the course of transit from 
without this state and consigned to a licensed distributor or 
a licensed dealer, or unless they shall have been received by a 
licensed dealer from without the state within twenty-four 
hours, shall be forfeited in the manner provided by chapter 
372 of the Public Laws. 

16. Fraudulent Stamps. Any person who shall fraudu- 
lently make or utter or shall forge or counterfeit any stamp 
prescribed by the tax commission under the provisions of this 
chapter, or who shall cause or procure the same to be done, 
or who shall wilfully utter, publish, pass or render as true, 
any false, altered, forged or counterfeited stamp, or who shall 
use more than once any stamp provided for and required by 
this chapter, for the purpose of evading the tax hereby im- 
posed, or who shall tamper with or cause to be tampered with 
any metering machine authorized to be used under the pro- 
visions of this chapter, shall be deemed guilty of a felony and, 
upon conviction thereof, shall be imprisoned for not less than 
one year nor more than ten years. 

17. Taxpayers to Keep Records; Commission May 
Examine. Each distributor and each dealer shall keep com- 
plete and accurate records of all tobacco products manu- 
factured, produced, purchased and sold. Such records shall 
be of such kind and in such form as the tax commission may 
prescribe and shall be safely preserved for three years in such 
manner as to insure permanency and accessibility for in- 
spection by the commission and its authorized agents. The 
commission and its authorized agents may examine the books, 
papers and records of any distributor or dealer in this state, 
for the purpose of determining whether the tax imposed by 
this chapter has been fully paid, and may investigate and ex- 
amine the stock of tobacco products in or upon any premises 
where such tobacco products are possessed, stored or sold, for 
the purpose of determining whether the provisions of this 
chapter are being obeyed. 



1939] Chapter 168 195 

18. Tax Commission to Administer Act. The tax commis- 
sion shall administer this act and to that end shall prescribe 
all necessary forms, employ, and subject to the approval of 
the governor and council, fix the compensation of necessary 
assistants, and prescribe rules and regulations not inconsistent 
with this act, to carry into effect the provisions of this act. 
In the administration of this act the tax commission shall have 
and use the powers vested in it by chapter 68 of the Public 
Laws relating to the attendance of witnesses and the conduct 
of investigations. 

19.* Takes Effect. Sections 1, 6, 7, 8, 9, 10, 11, 12, 14, 16 
and 18 of this act shall take effect upon its passage, and the 
remaining sections shall take effect June 30, 1939. 

[Approved June 7, 1939.] 



CHAPTER 168. 



AN ACT RELATING TO FEDERAL AID FOR WILDLIFE-RESTORATION 

PROJECTS. 

Section I Section 

I. Wildlife-restoration projects. | 2. Takes effect. 

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

1. Wildlife-Restoration Projects. The state of New 
Hampshire hereby assents to the provisions of the act of 
Congress entitled, "An Act to provide that the United States 
shall aid the states in wildlife-restoration projects, and for 
other purposes," approved September 2, 1937 (Public No. 415, 
75th Congress), and the fish and game department, or any 
other state agency permitted by said act of Congress, are 
hereby authorized and empowered to perform such acts as 
may be necessary to the conduct and establishment of co- 
operative wildlife-restoration projects as defined in said act 
of Congress, in compliance with the said act and rules and 
regulations promulgated by the secretary of agriculture there- 
under. Provided, that any funds accruing to the state of 
New Hampshire from license fees paid by hunters shall be 
diverted to no other purpose than the administration of the 
duly authorized activities of the fish and game department. 



* Amended chapter 180, post. 



196 



Chapter 169 



[1939 



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

[Approved June 7, 1939.] 



CHAPTER 169. 



AN ACT RELATIVE TO TAKING FISH. 



Section 



1. New chapter 

Brook Trout 

1. General provisions. 

2. Limitation. 

3. Bait and fly fishing. 

4. Bait and fly fishing. 

5. Fly fishing only. 

6. Ten inches and over. 

7. Certain brooks. 

8. Creel limit. 

9. Martin Meadow pond. 

10. Salmon. 

11. Lake trout. 

12. Aureolus ; limit. 

13. Salmon ; lake trout ; limit. 

14. Taking. 

15. Trolling. 

Other Fish 

16. Black bass. 

17. Muscallonge. 

18. P'ike perch. 

19. White perch. 

20. Yellow perch. 

21. Shad; whitefish. 

22. Pickerel. 

23. Pickerel, open waters. 

24. Horned pouts. 

25. Smelt. 

26. Closed to smelt fishing. 

27. Suckers, taking author- 

ized. 

28. Ice fishing. 

29. Closed to ice fishing. 

30. Closed to all fishing. 

31. Closed to night fishing. 

2. Repeal. 



Section 




'Miscellaneous Provisions 


32. 


Poison ; explosives. 


33. 


Obstructions. 


34. 


Nets ; traps. 


35. 


Drawing water. 


36. 


Prohibited devices. 


37. 


Selling fry. 


38. 


Fertilizer. 


39. 


Bait prohibited. 




Penalties 


40. 


Penalty. 




Lobsters 


41. 


Licenses. 


42. 


Revocation ; suspension. 


43. 


Who may take lobsters. 


44. 


Distinctive mark. 


45. 


Prohibition. 


46. 


Legal length. 


47. 


Interference with lobster 




pots. 


48. 


Marking pots and traps. 


49. 


Reports. 


50. 


Conservation officer. 


51. 


License for selling. 


52. 


Prohibition. 


53. 


Penalties. 




Salt Water Fish, etc. 


54. 


Salt water smelt. 


55. 


Nets. 


56. 


Cod, etc. 


57. 


Oysters. 


58. 


Limit. 


59. 


Conch. 


60. 


Clams. 


61. 


Penalties. 


3. Takes effect. 



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

1. New Chapter. Amend chapter 201 of the Public Laws, 
as inserted by section 5, chapter 124, Laws of 1935, as 
amended by chapters 2, 56, 114, and 168, Laws of 1937, sec- 
tion 5, chapter 96, Laws of 1937, sections 18 and 18-a, chapter 



1939] Chapter 169 197 

188, Laws of 1937, and chapters 7, 57, 82, 83, 115, 126, and 127, 
Laws of 1939, by striking out said chapter and inserting in 
place thereof the following new chapter: 

CHAPTER 201 

FISH 
Brook Trout 

1. General Provisions. 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. Of brook trout taken under the 
provisions of this section no person may take more than 
twenty 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. During 
the period from April fifteenth to May first, 1939, and for the 
like period, 1940, brook trout may be taken and possessed as 
permitted in this section in addition to the regular season 
therefor. The provisions of this section shall not apply in 
waters where special provisions are applicable. 

2. Limitation. No person may take or possess brook trout 
less than six inches in length. No person may have in his 
possession at one time a total of more than two days' legal 
catch of brook trout. 

3. Bait and Fly Fishing. Brook trout not less than seven 
inches in length may be taken by the use either of bait or 
artificial flies from May first to September first, and during 
the month of September by the use of artificial flies only, from 
the following waters : 

L* Back lake in Pittsburg, Ferrin pond in Weare, Gustin 
pond in Marlow, Halls ponds in Sandwich, Ledge pond in Madi- 
son, Little Diamond pond in Stewartstown, Lily pond in 
Gilford. 

11. Long pond in Benton, Lucas pond in Northwood, 
Melvin river above the New Road bridge, so called, in Tufton- 



* Amended, chapter 193, post. 



198 Chapter 169 [1939 

boro, Mount William pond in Weare, Nippo pond in Barring- 
ton, Mirror lake in Whitefield. 

III. Pine river in Effingham, Wakefield and Ossipee, 
Connor pond in Ossipee, Pleasant pond in Deerfield, Poverty 
pond in Hill, Robartwood lake in Campton, Rocky Bound pond 
in Croydon, Round pond in Pittsburg and Trio ponds in Odell. 

IV. Saltmarsh pond in Gilford, Shawtown pond in Free- 
dom, Spectacle pond in Groton and Hebron, Sand pond in Mar- 
low and Stratford Bog in Stratford. 

4. Bait and Fly Fishing. Brook trout not less than seven 
inches in length may be taken by the use either of bait or 
artificial flies from 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. 

5. Fly Fishing Only. Brook trout not less than seven 
inches in length may be taken from May first to October first 
by the use of artificial flies only from the following waters : 

I. Armington lake in Piermont, Beaver pond in Wood- 
stock, Clarksville pond in Clarksville, East Inlet and tribu- 
taries to Second Connecticut lake in Pittsburg, Coon Brook 
Bog 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, Grimstone 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 
Millsfield, 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, Stonehouse 
pond in Barrington, Upper pond of Ellsworth Three ponds in 
Ellsworth and Warren. 

VII. White pond in Ossipee. 

VIII. Adams pond in Hill, Reservoir pond in Hill, Shaw 
pond in Franklin, Stirrup Iron Brook pond in Salisbury. 

IX. From June first to October first in Connecticut river 



1939] Chapter 169 199 

from the First Connecticut lake dam to the covered bridge at 
the Archie Heath place, so called, and in Perry stream from 
the Happy Corner bridge, so called, to the Connecticut river, 
all in Pittsburg. 

6. Ten Inches and Over. 

I. In Big Dan Hole pond in Ossipee and Tuftonboro, 
Pleasant lake in New London, Tewksbury pond in Grafton, in 
Sunapee lake, and in lakes and ponds where trolling is per- 
mitted for lake trout and salmon, 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. 

II. In Big Brook, Big Brook Bog and their tributaries all 
north of the highway leading from the First to the Second 
Connecticut lake, brook trout ten inches and over may be 
taken from May first to October first by the use of artificial 

flies only. 

* 

7. Certain Brooks. Brook trout not less than six inches in 
length may be taken and possessed from June first to Septem- 
ber first, from the following waters: Jackknife Hill brook in 
Errol, Millsfield pond brook in Mfllsfield and Errol and Smoky 
Camp brook in Errol, except as provided in paragraph XVIII 
of section 30 hereof. 

8. Creel Limit. Of brook trout taken under the provisions 
of sections 3 to 7, inclusive, of this chapter no person may 
take more than ten in number, nor more than five pounds in 
weight when taken, in one day; provided that so long as he 
has taken less than ten in number or five pounds in weight, 
he shall be entitled to take one additional fish; and provided 
further that from the ponds named in paragraph VIII of 
section 5 and paragraph II of section 6 no person may take 
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. 

9. Martin Meadow Pond. 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 per- 
son may take in one day a total of more than two pounds of 



* Section 6-a inserted by section 3, chapter 192, post. 



200 Chapter 169 [1939 

trout, regardless of species ; provided that if he has taken less 
than two pounds he shall be entitled to take one additional 
fish. 

10. Salmon. Salmon not less than twelve inches in length 
may be taken and possessed from Big Diamond pond, Um- 
bagog lake, and the Connecticut and Androscoggin rivers, and 
not less than fifteen inches in length from all other waters of 
the state, from April fifteenth to September first, and during 
the month of September by the use of artificial flies only. 

11. Lake Trout. Lake trout not less than twelve inches in 
length may be taken and possessed from Big Diamond pond. 
Big Greenough pond, and Stinson lake, and not less than 
fifteen inches in length, from all other waters of the state, 
from January first to September first, and during the month of 
September by the use of artificial flies only, except that in 
Lake Massabesic lake trout not less than fifteen inches in 
length may be taken in open waters by trolling only from 
January first to September first, and by the use of artificial 
flies only during the month of September and in said lake said 
lake trout may, during the open season, be taken through the 
ice as provided in section 28. 

12. Aureolus; Limit. 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. 

13. Salmon; Lake Trout; Limit. A person may take not 
more than two fish, whether salmon or lake trout, and three 
or more persons fishing from a boat may take a total number 
of not more than six fish, whether salmon or lake trout in one 
day ; and for the purposes hereof, every person in a boat, when 
any violation of this section takes place, or when more than 
six such fish shall be found in such boat, shall be regarded as 
principals, and each shall be liable for the penalty hereinafter 
prescribed. 

14. Taking. The taking of any of the species mentioned 
in the preceding sections of this chapter between two hours 
after sunset and one hour before sunrise is prohibited. The 
taking of any of such species, except lake trout, through the 
ice is prohibited provided the said fish may be taken after 



1939] Chapter 169 201 

April fifteenth during the open season through a natural open- 
ing in the ice, 

15. Trolling. A person may troll for salmon and lake trout 
from April fifteenth to September first. No person shall troll 
with the aid of a boat propelled by mechanical power in Lake 
Winnipesaukee, including that part of said lake called Lake 
Paugus, Lake Winnisquam, Big and Little Squam lakes, and 
Newfound lake, between July first and September first. 

Other Fish 

16. Black Bass. Black bass not less than nine inches in 
length may be taken and possessed from July first to Novem- 
ber first. A person may take in one day a total of not more 
than ten pounds of black bass provided, however, that so long 
as he has taken less than ten pounds he shall be entitled to one 
additional fish. 

17. Muscallonge. Muscallonge may be taken and possessed 
from- June first to November first. 

18. Pike Perch. Pike perch not less than ten inches in 
length may be taken and possessed from June first to Novem- 
ber first. Pike perch of any size and in any quantity may be 
taken and possessed at any time from Canobie lake in Salem 
and Windham. 

19. White Perch. White perch not less than seven inches 
in length may be taken and possessed from June first to 
November first. A person may take a total of not more than 
ten pounds of white perch in one day, provided so long as he 
has taken less than ten pounds he shall be entitled to take one 
additional fish, with the exception of Massabesic lake where 
white perch of any length and in any quantity may be taken 
and possessed at any time. 

20. Yellow Perch. A person may take a total of not more 
than forty yellow perch or ten pounds of yellow perch in one 
day provided that so long as he has taken less than ten pounds 
he shall be entitled to take one additional fish. 

21. Shad; Whitefish. Shad, whitefish or bluefins, may be 
taken and possessed from January first to September first. A 
person may take a total number of not more than twelve shad, 
whitefish, or bluefins in one day. 

22. Pickerel. Pickerel not less than twelve inches in 
length may be taken and possessed from June first to Janu- 
ary sixteenth, except that in Lake Winnipesaukee, Lake Mas- 



202 Chapter 169 [1939 

sabesic, Squam Lake, Lake Winnisquam and Lake Wentworth 
in Wolfeboro 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. 

23. Pickerel, Open Waters. 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, Crys- 
tal 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 
Durham, Middleton reservoir in Middleton, Mirror lake in 
Woodstock. 

IV. Newfound lake, 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. 

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, all streams in the state in- 
habited by trout and all lakes and ponds of Coos county in- 
habited by trout except Umbagog lake in Errol and Cambridge 
and except that part of Umbagog lake known as Leonard pond 
in Errol and except the Magalloway river and its tributaries 
and the Androscoggin river and its tributaries, from Umbagog 
lake to Errol dam. 

VII. Pickerel of any size and in any quantity may be 
taken and possessed at any time, except through the ice from 
the following waters: Lucas pond in North wood, Martin 
Meadow pond in Lancaster, Pleasant lake in Deerfield, Pow- 
wow river. Spectacle pond in Groton and Hebron, Stinson lake 

in Rumney. 
* 

24. Horned Pouts. Horned pouts, commonly called catfish. 



* Paragraph VIII inserted by section 3, chapter 193, post. 



1939] Chapter 169 203 

may be taken and possessed from June first to November first. 
A person may take not more than forty horned pouts between 
twelve o'clock noon in one day and twelve o'clock noon of the 
following day. 

25. 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 between 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. 

26. Closed to Smelt Fishing. The following waters are 
closed to smelt fishing: 

I. Dana Hines brook in Meredith, Dublin pond and the 
outlet as far as Clark's Mill pond dam in Dublin, White pond 
in Ossipee, Black brook in Sanbornton for a distance of two 
hundred yards above its middle mouth to a point one hundred 
and fifty yards out into the lake from its middle mouth. 

II. Massabesic lake and all its tributaries in Manchester 
and Auburn, Silver lake and its tributaries in Madison, Massa- 
secum 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. 

III. First Connecticut lake and its tributaries in Pitts- 
burg, 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 Free- 
dom, except Village brook, Nubanusit lake and all its tribu- 
taries in Hancock and Nelson. 

IV. 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, Swanzey lake in 
Swanzey, all tributaries of Little Sunapee lake in New 
London, Spofford lake and its tributaries in the town of Ches- 
terfield ; Fernald brook flowing into Lake Wentworth in Wolfe- 
boro and the mouth of Fernald brook where it flows into the 
lake for an area of fifty feet out into the lake, Bradley lake in 
Andover. 

27. Suckers; Taking Authorized. Suckers may be taken 



204 Chapter 169 [1939 

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 ex- 
ceed thirty inches, with an aperture for the entrance of fish 
not to be smaller than three and one-half inches. The pro- 
visions of section 36 shall not apply to persons taking suckers 
as provided by this section. 

28. Ice Fishing. Lake trout, perch, shad, whitefish, 
pickerel and cusk may be taken through the ice during the 
open season therefor, with hook and line, tip-ups or bobs; but 
no person shall have in use or control at the same time more 
than six lines, tip-ups or bobs, and such person shall be pres- 
ent and have personal control over the same, except that ten 
such devices for taking cusk, marked with the name of the 
owner, may be set and left unattended for a period not longer 
than twenty-four hours, and provided further that none of 
said hooks and lines, tip-ups or bobs shall be connected by or 
to any wire, cord or rope extending from any one of said lines, 
tip-ups or bobs to any other of such devices or be in any other 
manner connected. Nothing in this section shall be construed 
as prohibiting fishing for lake trout or shad, through the ice, 
with one line in hand, in addition to ten such unattended cusk 
lines. No person shall take more than two lake trout through 
the ice in one day. 

29. Closed to Ice Fishing. The following waters are 
closed to fishing through the ice: 

L* Arlington Mills reservoir, Big Dan Hole pond in 
Ossipee and Tuftonboro, Dimond or Tom pond in Warner, 
Elbow pond in Woodstock, Ferrin pond in Weare, Forham pond 
in Dunbarton, Forest lake in Winchester. 

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. Miller pond in Grantham, Mirror lake in Whitefield, 
Mount William pond in Weare, Mountain View lake in Suna- 
pee, Nippo pond in Barrington. 

IV. Northwood lake in Northwood and Epsom, North 
River lake in the towns of Northwood, Nottingham and 



* Amended, chapter 193, post. 



1939] Chapter 169 205 

Barrington, Nutt pond in Manchester, Partridge lake in 
Lyman and Littleton, Pillsbury Reservation in Washington, 
Pleasant lake in New London, Robb reservoir in Stoddard, 
Spoonwood pond in Nelson. 

V. Scott pond in Fitzwilliam, Stocker pond in Grantham, 
Stone House pond in Barrington, Streeter pond in Lisbon, Sun- 
set lake in Greenfield, Tucker pond in Salisbury. 

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

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

VIIL Newfound lake except from the fifteenth day of 
January until the first day in March. 

IX. Nubanusit lake in Hancock and Nelson from Janu- 
ary first to February sixteenth. 

30. Closed to All Fishing. The following waters are closed 
to all fishing: 

L Alder brook, a tributary of Stearns brook, in Milton 
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, 
the New Inlet brook from Back lake road to Back lake also a 
radius of one hundred feet out from the mouth of said brook 
into Back lake, Pittsburg. 

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 highway 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, 
Hatchery, Bixbie or Patch brook, so called, in the town of 



206 Chapter 169 [1939 

Warren, from the Baker river to the elm tree in the Bixbie 
pasture, and all tributaries of same except the Hurricane 
brook. North Branch of the Gale river and all tributaries above 
Littleton water supply dam in Bethlehem and Franconia, all 
tributaries of Lamb Valley pond in Dartmouth College Grant. 
V. Lime Kiln brook and its tributaries above the num- 
ber 6 schoolhouse, in Haverhill, all tributaries of Marshall pond 
in Unity, Melvin river below the New Road bridge in Tufton- 
boro, all tributaries of Merrymeeting lake in New Durham, all 
tributaries of Morse brook in Easton. 

VL* Oliverian brook in Benton and Warren, and its 
tributaries from its source to where it crosses the state high- 
way leading from Warren to Haverhill, all tributaries of Pea- 
body river in Green's Grant except the West Branch and Nine- 
teen-mile brook. 

VIL 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 
approximately one hundred yards north from Chandler brook, 
all tributaries of Pisgah reservoir in Winchester. 

VHL Sand Hill brook in Auburn, Derry and London- 
derry, 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 tribu- 
taries of Swift Diamond river in Dartmouth College Grant, all 
tributaries of Taggart brook in Peterborough. 

IX.* Three pond brook in Rumney, Trout brook, the in- 
let of Post pond in Lyme, up-stream from the pond for a dis- 
tance of approximately two miles to the falls, all tributaries of 
Tunnel stream in Benton and its tributaries above the Parker 
House, Twitchell brook, flowing east into the Androscoggin 
river, West Branch watershed of the Ammonoosuc river, 
tributaries of Kilkenney, including the West Branch. 

X. The inlet of Little Diamond pond in Stewartstown 
for the distance of one hundred feet from the inlet out into 
the pond and fifty feet on each side of said inlet. 

XL Robinson pond in the town of Hudson for the period 
from February 23, 1939, to February 23, 1941. 



* Amended, chapter 192, post. 



1939] Chapter 169 207 

XII. Umbagog lake in Errol and Cambridge and that 
part of the lake called Leonard pond in Errol and the Magal- 
loway river and all its tributaries and the Androscoggin river 
and all its tributaries from Umbagog lake to Errol dam are 
hereby closed to all fishing from October first to January first 
and from March first to April first. 

XIII. Lake Katherine in the town of Piermont for the 
purpose of propagating white perch. 

XIV. The South Branch of the Gale river in Franconia 
and Bethlehem for one-fourth mile above the point of the in- 
take, so called, of the Bethlehem Village District and all tribu- 
taries entering said Gale river above said point of intake 
situated in the town of Franconia. 

XV. Zealand river for one-fourth mile above the point 
of intake and all tributaries thereto from its and their sources 
to the point of intake, so called, of the public water supply of 
the Bethlehem Village District, situated in the town of Bethle- 
hem, said waters being closed to fishing to prevent pollution 
of said water supply. 

XVI. Gumpus pond in Pelham from November first to 
June first. 

XVII. All tributaries of Sunapee lake in the towns of 
Sunapee, Newbury and New London, except that during the 
open season therefor suckers may be taken from said waters. 

XVIII. Sessions pond brook in Cambridge, Little Mills- 
field pond brook, Jackknife Hill brook, Munn pond brook and 
Smoky Camp brook in the town of Errol, from the west side 
of the main roads, except that smelt may be taken by the use 
of a dip net, during the open season therefor. 

31. 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 Dum- 
mer, to the foot of Errol dam during the period from two 
hours after sunset to one hour before sunrise. 

Miscellaneous Provisions 

32. Poison; Explosive. No person shall take any fish 
by the use of any poisonous, stupefying or explosive sub- 
stance. Possession of any such substance by any person on 
the waters, shores, or islands of this state, except for mining 
or mechanical purposes, shall be prima facie evidence that the 



208 Chapter 169 [1939 

same is possessed for use in violation of the provisions of this 
section. 

33. Obstructions. No person shall, by means of a rack, 
screen, weir or other obstruction, in any stream or river, or 
the inlet or outlet of a public pond, prevent the passage of fish. 

34. 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, 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. 

35. Drawing Water. No person shall take fish by shutting 
or drawing off water. 

36. Prohibited Devices. No person shall use, have in his 
possession for use, or furnish for another's use, for taking 
fish in the fresh waters of this state, except as specifically per- 
mitted in this title, a net of any kind or description, set line, 
fishing otter, trawl, grapple, spear, jack, jack light or elec- 
trical or other device for killing or stunning fish. A person 
found on any such waters of this state, or the shores or 
islands thereof, having in his possession any of the aforesaid 
devices, shall be prima facie guilty of a violation of the pro- 
visions of this section. Such devices are declared to be public 
nuisances and may be summarily seized and destroyed by any 
person. The provisions of this section shall not apply to the 
director or any person acting under his direction. 

37. Selling Fry. No person shall buy, sell, offer for sale, 
carry beyond the limits of the state, or place in private waters, 
any fish or fry entrusted to his care by the director for dis- 
tribution in the waters of this state. 

38. Fertilizer. No person shall take or use any species of 
fish except suckers for fertilizer. 

39. Bait Prohibited. No person shall use carp or goldfish 
as live bait when fishing m any waters of this state. Posses- 
sion of live carp or goldfish while fishing shall be prima facie 



1939] Chapter 169 209 

evidence of a violation of this section. No person shall use 
shad or whitefish for bait for cusk. 

Penalties 

40. Penalty. A person who violates any provision of the 
preceding sections shall be fined as follows: For each viola- 
tion of sections 1 to 14, 16 to 31 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 32 
to 36 inclusive not more than fifty dollars; of sections 15, 37, 
38 and 39 not less than ten nor more than fifty dollars. 

Lobsters 

41. 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 pro- 
curing a special license so to do; nor during the time from 
sunset to one hour before sunrise. Such license shall be 
issued by the director, under such rules and regulations and 
in such form as may be prescribed by him, upon the payment 
of five dollars. 

42. Revocation; Suspension. Persons convicted for viola- 
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. 

43. 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 applica- 
tion for a license. The provisions of this section shall not 
apply to persons who were licensed to take lobsters for the 
year 1936. 

44. 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. 



210 Chapter 169 [1939 

The director shall furnish to any person requesting- the same 
a punch for the purpose of making such distinctive mark. 

45. 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 mafk as provided in the pre- 
ceding section. 

46. 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. 

47. Interference with Lobster Pots. No person shall take 
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 section 
said person, if he holds a license to take lobsters shall lose 
said license for one year. 

48. 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. 

49. Reports. All lobster fishermen shall within ten days 
after the first day of January in each year file with the 
director a report of the number of pounds of lobster taken by 



1939] Chapter 169 211 

him during the previous year together with a record of the 
number of boats, pots, traps or other paraphernaha used in 
the taking thereof and the value of the same. The director 
shall furnish blanks for said report. 

50.* Conservation Officer. All conservation oflEicers must 
be in uniform while on lobster patrol. 

51. License for SelUng. 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. 

52. Prohibition. If a conservation officer shall find a per- 
son taking lobsters and shall inform him that the boat, trap, 
warp or other device used for such taking is to be inspected, it 
shall be unlawful for such person to throw overboard or de- 
stroy any bag, box or other receptacle prior to such inspection 
by such officer. If any person shall violate a provision of this 
section his license, after hearing, shall be suspended for such 
time as the director may determine. 

53. Penalties. A person who violates a provision of this 
subdivision shall be fined as follows: For each violation of 
sections 41 to 45, inclusive, 47, 48, 49, 51, not more than fifty 
dollars; of section 46 not more than five dollars and not more 
than five dollars additional for each lobster taken or possessed 
in violation thereof. 

Salt Water Fish, etc. 

54. Salt Water Smelt. No person shall take salt water 
smelt from the Piscataqua river and its tributaries, the Exeter 
river and its tributaries, and Great Bay and Greenland Bay, 
from April fifteenth to July first. Salt water smelt may be 
bought and sold during the open season therefor. 

55. Nets. No person shall use or have in use a seine, 
weir, or net for the taking of smelt in the Piscataqua river 
and its tributaries, easterly of an imaginary line dra\Mi from 
the easterly end of the Portsmouth and Concord bridge to 
Adam's Point in Durham. 

56. Cod, etc. No person shall use a trawl for the taking 
of codfish in the Piscataqua river or its tributaries north of 



* Repealed, chapter 194, post. 



212 Chapter 169 [1939 

the Portsmouth bridge. No person shall use a purse seine or 
beam trawl for the taking of cod, haddock, pollack, hake, or 
flounders along the shores of the Atlantic ocean between Rye 
ledges and the Massachusetts line. 

57. Oysters. No person shall at any time take oysters 
from Great Bay or its tributaries. Little Bay, or Durham 
river, unless he is a resident of the state. No person shall 
take oysters during the months of June, July, and August, or 
through the ice, or in any manner other than by the use of 
hand tongs. 

58. , Limit. No person shall take more than one 

bushel of oysters from said waters in one day, unless said 
oysters have been bedded in said waters by the person taking 
the same. 

59. Conch. No person shall take conch or winkles except 
for consumption or use by residents of this state; provided, 
however, that this section shall not apply to Hampton river or 
its tributaries. 

60. Clams. A town may, at any annual or special meeting, 
vote to regulate the taking of clams within its limits, may 
make reasonable rules and regulations restricting the sale 
and consumption thereof, and may authorize its officers to 
issiie permits in accordance with such rules and regulations. 

61. Penalties. A person who violates a provision of this 
subdivision shall be fined as follows: For each violation of 
sections 54, 55 and 56, not more than fifty dollars ; of sections 
57 to 60 inclusive, not more than ten dollars. 

2. Repeal. Chapter 155 of the Laws of 1935, relating to 
taking fish from certain waters, as amended by chapters 14, 
51, 96, 144, 145, 170 of the Laws of 1937, by sections 28, 29, 
30, 31, and 32 of chapter 188 of the Laws of 1937, and chap- 
ters 5, 6, 14, 27, 35, 36, 37, 45, 58, 59, 62, 73, 74, 84, 85, 86, 
87, 88, 94, 96, 97, 98, 116, 117, 118, 119, 126, 129, 142 and 145, 
Laws of 1939, is hereby repealed. 

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

[Approved June 7, 1939.] 



1939] 



Chapter 170 



213 



CHAPTER 170. 

AN ACT RELATIVE TO BANKING. 



Section 

4. Notes. 

5. Real estate owned. 

6. Repeal. 

7. Guaranty savings banks. 

8. Repeal ; takes effect. 



Section 

1. Deposits of county funds. 

2. Duties of town treasurer. 
2-a. Deposit of city funds by city 

treasurer. 

3. Savings bank; legal invest- 

ment. 

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

1. County Funds. Amend section 2 of chapter 39 of the 
Public Laws, as amended by chapter 92 of the Laws of 1929 
and chapter 177 of the Laws of 1931, by striking out the word 
"twenty" and inserting in lieu thereof the word, sixty, so that 
said section as amended shall read as follows: 2. Deposits. 
All public funds belonging to the several counties, not perma- 
nently invested, shall be deposited in such solvent bank or 
banks in this state as will pay the highest rate of interest on 
daily average balances for each month. The amount deposited 
in any bank shall not exceed sixty per cent of its paid up 
capital and surplus, unless said bank shall furnish a satisfac- 
tory bond, approved by the superior court, to secure such de- 
posit. 

2. Town Treasurer. Amend section 24 of chapter 47 of 
the Public Laws, as amended by chapter 177, section 3 of the 
Laws of 1931 by striking out the word "twenty" and inserting 
in lieu thereof the word, sixty, so that the same as amended 
shairread as follows : 24. Duties. The town treasurer shall 
have the custody of all moneys belonging to the town, and 
shall pay out the same only upon orders of the selectmen. He 
shall deposit the same in solvent banks in the state, except 
that whenever it shall prove advantageous to any town near 
the state boundary to deposit town funds in banks outside the 
state, the treasurer may deposit the same in said banks upon 
the approval of the state bank commissioner. The amount 
deposited in any bank shall not exceed sixty per cent of its 
paid up capital and surplus. He shall keep in suitable books 
provided for the purpose a fair and correct account of all sums 
received into and paid from the town treasury, and of all notes 
given by the town, with the particulars thereof. At the close 
of each fiscal year he shall make a report to the town, giving 



214 Chapter 170 [1939 

a particular account of all his financial transactions during 
the year. He shall furnish to the selectmen statements from 
his books, and submit his books and vouchers to them and to 
the town auditors for examination, whenever so requested. 

2-a. City Treasurer. Amend chapter 53 of the Public 
Laws by adding thereto the following new section: 15. De- 
posit of City Funds. The city treasurer shall deposit all 
money belonging to the city in solvent banks in the state, ex- 
cept that wherever it shall prove advantageous to any city 
near the state boundary to deposit city funds in banks outside 
the state, the treasurer may deposit the same in said banks 
upon the approval of the state bank commissioner. The 
amount deposited in any bank shall not exceed sixty per cent 
of its paid up capital and surplus. 

3. Savings Banks; Legal Investments. Amend para- 
graph I of section 3 of chapter 262 of the Public Laws as 
amended by section 1, chapter 122 of the Laws of 1929 by 
striking out the words "investment committee" in the second 
sentence thereof and substituting therefor the words, board 
of trustees or board of directors, so that said paragraph as 
amended shall read as follows: I. New Hampshire Real 
Estate; Exception. Those directly secured by first mortgage 
on real estate situated within this state or within any county 
contiguous to the town in which the loaning bank is situated ; 
but no such investment shall be in a loan that exceeds seventy 
per cent of the value of the real estate by which it is secured 
and not exceeding seventy-five per cent of the deposits shall 
be so invested, except by permission of the bank commissioner. 
No loan on mortgage shall be made except upon written appli- 
cation showing the date, name of applicant, amount asked for 
and security offered, and except upon report of not less than 
two members of the board of trustees or board of directors, 
who shall certify on said application, according to their best 
judgment, the value of the premises to be mortgaged; and 
such application shall be filed and preserved with the records 
of the corporation. The premises so mortgaged shall be re- 
valued in the same manner at intervals of not more than five 
years so long as they are mortgaged to the corporation. If 
at the time of such revaluation the amount of the loan is in 
excess of seventy per cent of the value of the premises mort- 
gaged, a sufficient reduction in the amount of the loan shall be 



1939] Chapter 170 215 

required, as promptly as may be practical, to bring the loan 
within seventy per cent of the value of said premises. 

4. Notes. Amend paragraph VII, section 3, chapter 262 
of the Public Laws as amended by section 9, chapter 96 of the 
Laws of 1931 and section 2, chapter 32 of the Laws of 1935 
by striking out all of the third sentence in said paragraph 
and inserting in lieu thereof the following: A bank which 
takes under this paragraph a note payable on demand shall 
demand payment of said note not later than one year from the 
date thereof, but may accept a new note in payment of such 
demand note, so that said paragraph as amended shall read as 
follows : VII. Unsecured. Notes with two or more signers, 
or one or more endorsers, or notes of makers whose net assets 
are not less than two hundred and fifty thousand dollars and 
whose total indebtedness does not exceed fifty per cent of 
their quick assets. Not exceeding ten per cent of the 
deposits shall be invested under the provisions of this 
paragraph and not exceeding two per cent of the deposits shall 
be so loaned to any one borrower; provided, that, except in 
notes with two or more signers, or one or more endorsers, no 
savings bank shall invest under this paragraph unless its 
guaranty fund is full and unimpaired and the total value of 
its assets as determined by the commissioner exceeds the 
amount of its deposits by at least ten per cent. A bank which 
takes under this paragraph a note payable on demand shall 
demand payment of said note not later than one year from 
the date thereof, but may accept a new note in payment of 
such demand note. Except that the provisions of this para- 
graph shall not apply to notes eligible for insurance by the 
federal housing administrator provided a contract of insurance 
exists between the holder and the federal housing adminis- 
trator as provided in Title I of the National Housing Act. The 
provisions of Public Laws chapter 288, section 2, that a wife 
shall not be bound by her undertaking for her husband or in 
his behalf shall not apply to loans made under the provisions 
of the National Housing Act. 

5. Real Estate Owned. Amend section 18 of chapter 262 
of the Public Laws by striking out the words "acquired by 
foreclosure of mortgages owned by the bank" and inserting in 
place thereof the following: acquired in payment of a pre- 
existing debt owed to the bank, by foreclosure of mortgage or 



216 Chapter 170 [1939 

otherwise, so that said section as amended shall read as 
follows : 18. Real Estate. Any savings bank may hold and 
lease real estate acquired in payment of a pre-existing debt 
owed to the bank, by foreclosure of mortgage or otherwise ; but 
all taxes, foreclosure expenses and cost of maintenance shall 
be paid out of the income of the bank. 

6. Repeal. Section 5 of chapter 261 of the Public Laws is 
hereby repealed. 

7. Guaranty Savings Banks. Amend chapter 261 of the 
Public Laws by adding thereto the following four sections: 

61. Power to Cancel Guaranty Fund. Any bank operating 
as a guaranty savings bank may at, any time by a two-thirds 
vote of the special depositors cancel its guaranty fund and dis- 
tribute pro rata among the special depositors all or any part 
of the funds of the bank to which they are entitled, if any; 
provided, however, (1) that no distribution shall be made that 
will reduce the total value of the net assets of the bank as 
found by the commissioner, including any funds to which the 
special depositors are entitled, to an amount less than one 
hundred and five per cent of the amount due the general de- 
positors, and (2) that no such vote to cancel where no dis- 
tribution is to be made to the special depositors shall become 
effective and no such distribution shall be made (a) except 
with the written approval of the bank commissioner, and (b) 
until all general depositors shall have consented to such pro- 
posed action or the bank commissioner shall have given them 
thirty days' notice thereof at the expense of the bank by de- 
positing a written notice thereof in the mail, first class postage 
prepaid, addressed to each general depositor at his address as 
shown on the records of the bank or as otherwise known to the 
commissioner. 

62. Special Guaranty Fund Established. When the net 
assets of the bank at the time of such vote are less than, or 
have been reduced by distribution among the special depositors 
under the provisions of section 61 hereof to, one hundred and 
five per cent of the amount due the general depositors, the 
amount by which the net assets of the bank exceed the amount 
due the general depositors shall be set aside as a special 
guaranty fund which shall be increased each year by adding 
thereto the proportion of the bank's net annual earnings 
properly attributable to such guaranty fund, including annual 



1939] Chapter 170 217 

additions thereto theretofore made and shall be maintained as 
a special guaranty fund for the general deposits, until such 
time as the bank commissioner shall find that the bank has 
built up a new guaranty fund equal to five per cent of the 
amount due general depositors. Said special guaranty fund 
including the annual additions above provided for shall there- 
upon be distributed among the special depositors. 

63. Operation as Mutual Savings Bank. Upon and after 
the effective date of a vote to cancel the guaranty fund if no 
distribution is to be made to special depositors or when the 
net assets of the bank at the time of such vote are less than, 
or have been reduced by distribution among the special de- 
positors under the provisions of section 61 hereof to, one hun- 
dred and five per cent of the amount due general depositors, 
the bank shall no longer be entitled to the benefits of or sub- 
ject to the provisions of any law general or special applicable 
to guaranty savings banks alone but shall be and operate as a 
mutual savings bank only with all the powers, benefits and 
privileges and subject to all the restrictions, regulations and 
provisions of all general laws governing the operation of or 
applicable to mutual savings banks. Upon and after the 
effective date of a vote to cancel the guaranty fund where no 
distribution is to be made or upon and after the final dis- 
tribution of all the funds to which the special depositors are 
entitled, under tlT<e provisions of section 62 hereof the officers 
and trustees or directors of the bank then in office shall be and 
become the members of the corporation. The number of 
members shall within thirty days thereafter be increased to 
not less than twenty at a meeting of the members duly called 
by the secretary or clerk for the purpose and may at any time 
be increased to not more than forty. Pending such meeting 
the trustees or directors shall prepare and adopt such new or 
amended by-laws for regulating the affairs of the bank as 
they deem necessary by reason of the cancellation or dis- 
tribution of the guaranty fund. 

64. Savings Department of Trust Company. Under the 
next three preceding sections a trust company may take all 
actions with respect to its savings department and with like 
effect as though such savings department were a separately 
incorporated guaranty savings bank and the net assets 
of such savings department in excess of the amount 



218 Chapter 171 [1939 

due to depositors therein were special deposits of a guaranty 
savings bank owned by such trust company and such 
savings department shall become a separate corporation and 
shall be and operate as a mutual savings bank as provided by 
section 63 under such name as shall have been provided in the 
vote passed under section 61. 

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

[Approved June 8, 1939.] 



CHAPTER 171. 



AN ACT RELATING TO TRUST COMPANIES AND OTHER FINANCIAL 

INSTITUTIONS. 

Section I Spxtion 

1. Trust companies ; powers. J 2. Repeal ; takes effect. 

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

1. Trust Companies; Powers. Amend section 31, chapter 
265, Public Laws, as amended by section 13, chapter 103, Laws 
of 1937, by striking out all of said section after the word 
"security" in the thirteenth line and inserting in place thereof 
the words, except that the limitation as to the percentage of 
the value of the security shall not apply to mortgage loans 
insured by the federal housing administrator, and further 
provided that such loans entitle the holder to receive cash or 
securities which are fully guaranteed as to principal and in- 
terest 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, 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 
property of a similar character, for safe keeping upon such 
terms or conditions as may be agreed upon, which said de- 
posits may be made by corporations and persons acting in- 
dividually or in any fiduciary capacity; to collect and disburse 
the income and principal of said property when due; to ad- 



1939] Chapter 172 . 219 

vance or loan money or credits on personal security or prop- 
erty; 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 the limitation as to the percentage of the value of 
the security shall not apply to mortgage loans insured by the 
federal housing administrator, and further provided that such 
loans entitle the holder to receive cash or securities which are 
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. 

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 June 8, 1939.] 



CHAPTER 172. 



AN ACT RELATING TO THE MANUFACTURE AND SALE OF CERTAIN 
ALCOHOLIC BEVERAGES. 



Section 

1. Sale of alcoholic beverages. 

2. Fees for manufacturer's permit. 



Section 
3. Takes effect. 



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

1. Sale of Beverages. Amend section 18 of chapter 99 of 
the Laws of 1933 as amended by chapter 152 of the Laws of 
1935 by striking out the whole of said section and inserting 
in its place the following : 18. Wholesaler and Manufacturer 
Restriction. The holder of a manufacturer's or wholesaler's 
permit shall not be entitled to hold an on-sale permit and may 
hold only one off -sale permit which shall be issued only in 
respect of the premises designated in his permit as a manu- 
facturer or wholesaler. The holder of a wholesaler's permit 
shall maintain a regular place of business in this state. The 
holder of a manufacturer's permit shall not be entitled to sell 
beverages to other permittees by virtue of such permit unless 
such beverages shall have been manufactured in this state. 



220 Chapter 173 [1939 

Retail permittees shall purchase only from holders of a whole- 
saler's or a manufacturer's permit. 

2. Manufacturer's Permit. Amend section 22 of chapter 
99 of the Laws of 1933 as inserted by chapter 134 of the Laws 
of 1939 by striking out said section and inserting in place 
thereof the following: 22. Manufacturer's Fees. In addi- 
tion to the fees provided for in section 21 the following addi- 
tional fees shall be required for permits issued to any manu- 
facturer: For each manufacturer's permit three dollars for 
every barrel of beverages containing not more than thirty-one 
gallons or the equivalent thereof sold by said permittee to re- 
tail permittees, during the preceding calendar month, to be 
paid to the commission on or before the tenth day of the 
following month. In addition to the foregoing fees, the 
following additional fees shall be required for permits issued 
to any manufacturer holding an off -sale permit: For each 
manufacturer's permit three dollars for every barrel of 
beverages containing not more than thirty-one gallons or the 
equivalent thereof sold by said permittee at retail and not to 
other permittees for resale, during the preceding calendar 
month to be paid to the commission on or before the tenth day 
of the following month. For failure to pay any part of the 
fees provided for herein when due ten per cent thereof shall 
be added and collected by the commission from the manu- 
facturer and shall become part of said permit fee. 

3. Takes Effect. This act shall take effect upon its pas- 
sage except that section 2 hereof shall take effect as of July 1, 
1939. 

[Approved June 8, 1939.] 



CHAPTER 173. 



AN ACT AUTHORIZING THE SALE OF CERTAIN PROPERTY OF THE 

STATE. 

Section | Section 

1. Authority conferred. I 2. Takes effect. 

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

1. Authority Conferred. The governor and council on be- 
half of the state of New Hampshire are hereby authorized and 



1939] Chapter 174 221 

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 
following described premises, to wit: "A certain tract or 
parcel of land and the Buildings thereon in Littleton Vill. N. H. 
bounded and described as follows: viz, starting at the N. E. 
corner of F. P. Burley land, on the southerly side of Grove 
St, and running Southerly on Burley line 10 Rods, thence run- 
ning Easterly at right angles 4 Rods, thence running at right 
angles 10 Rods to the southerly line of Grove St., thence run- 
ning Westerly on line of said Grove St. to bound began at and 
meaning to convay same premises as deeded" Susie Hoyt Gray 
by J. Fred Cheney, recorded vol. 444, page 460, Grafton county 
registry of deeds. The proceeds from the sale of the above 
premises, or any portion thereof, shall be turned into the state 
treasury to be available for general revenue of the state. 

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

[Approved June 8, 1939.] 



CHAPTER 174. 



AN ACT RELATIVE TO HOURS OF LABOR FOR LAUNDRY 
ESTABLISHMENTS. 



Section 
1. Hours of labor for laundry 
establishments. 



Section 
2. Takes effect. 



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

1. Hours of Labor. Amend chapter 176 of the Public 
Laws, as amended by chapter 36 of the Laws of 1937, by in- 
serting after section 17-a the following new section: 17-b. 
Laundry Establishments. Laundries may be granted special 
license by the labor commissioner excepting them from the 
operation of the provisions of sections 14 and 15 hereof for 
not over three months of the year but in no case shall the 
hours of labor exceed sixty hours in any one week, nor more 
than ten and one-quarter hours during any one day. Before 
granting such license, a hearing shall be held by the labor 
commissioner and he shall be satisfied that such overtime is 



222 Chapter 175 [1939 

necessary. Copy of such license shall be posted where such 
females and minors are employed. In no case shall this sec- 
tion be applied in any way to the disadvantage of any regular 
employee. 

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

[Approved June 8, 1939.] 



CHAPTER 175. 

AN ACT RELATIVE TO THE POWERS OF THE FISCAL AGENT OF COOS 

COUNTY. 

Sr.CTioN I Sf.ction 

1. Powers of Coos county fiscal 2. Takes effect. 

agent. | 

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

1. Coos County. Amend chapter 91 of the Laws of 1939 
by inserting after section 2 the following new section: 2-a. 
Powers. During the time this act is in force the fiscal agent 
shall have all the powers of the county commissioners of Coos 
county, and he, with the approval of the superior court, or any 
justice thereof in vacation, may borrow such sum as shall be 
deemed necessary for the purpose of refunding existing notes 
of the county and for the further purpose of meeting the de- 
mands upon the treasury, and give the note of the county 
therefor, but the powers of the fiscal agent shall not extend 
to expenditures now subject to the approval of the superior 
court. If the sum borrowed under the provisions hereof, to- 
gether with the taxes of the same fiscal year that have been 
collected, shall exceed in amount the total appropriations made 
for that year by the county convention, plus ten per cent of 
said appropriations, the approval of the county convention for 
such excess borrowed must be secured by the fiscal agent in 
addition to the approval of court as herein provided. Notes 
issued under the order of the fiscal agent shall be signed by 
him. It shall be the duty of the treasurer to countersign said 
notes. The clerk of the court shall attest and record such 
notes and the orders authorizing their issue and the borrow- 
ing of such money. 



1939] Chapter 176 223 

2. Takes Effect. This act shall take effect upon its pas- 
sage and shall remain in effect until April 1, 1941. 
[Approved June 8, 1939.] 



CHAPTER 176. 



AN ACT PROVIDING FOR IMPROVEMENTS AT THE LACONIA STATE 

SCHOOL. 



Section 

5. Accounts. 

6. Short-term notes. 

7. Takes effect. 



Section 

1. Appropriation. 

2. Federal assistance. 
. 3. Bonds or notes authorized. 

4. Form ; proceeds of sale. 

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

1. Appropriation. The sum of sixty-five thousand dollars 
($65,000), or so much thereof as may be necessary, be and 
hereby is appropriated to be expended for additions and im- 
provements in the heating plant at the Laconia State School, 
to be expended in accordance with plans and specifications to 
be approved by the governor and council. 

2. Federal Assistance. The governor and council are 
hereby authorized to co-operate with and enter into such 
agreements with the federal government or any agency there- 
of as they may deem advisable to secure federal funds for the 
purposes of this act. In case such federal funds are secured 
for the purposes hereof said funds shall not be used in addi- 
tion to the amount appropriated by the state hereunder but 
the total amount of federal and state funds to be expended for 
said purposes shall not exceed the sum of sixty-five thousand 
dollars. 

3. Bonds or Notes Authorized. In order to provide the 
funds for the appropriation made in section 1, the state treas- 
urer is hereby authorized, under the direction of the governor 
and council, to borrow upon the credit of the state a sum not 
exceeding sixty-five thousand dollars and for that purpose 
may issue bonds or notes in the name and on behalf of the 
state. Such bonds or notes shall be deemed a pledge of the 
faith and credit of the state. 

4. Form ; Proceeds of Sale. The governor and council shall 
determine the form of such bonds or notes, their rate of in- 



224 Chapter 176 [1939 

terest, using their best efforts to secure the lowest rate 
obtainable, the dates when interest shall be paid, the dates of 
maturity, the places where principal. and interest shall be 
paid, and the time or times of issue. Such bonds or notes 
shall be signed by the treasurer and countersigned by the gov- 
ernor. The treasurer may negotiate and sell such bonds or 
notes under the direction of the governor and council in such 
manner as they may deem to be most advantageous to the 
state. Out of the proceeds of the sale of said bonds or notes 
the governor is authorized to draw his warrants for the sum 
hereinbefore appropriated, for the purposes of this act. 

5. Accounts. 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 time when payable, and the date of 
delivery to the treasurer. The treasurer shall keep an 
account of each bond or note, showing the number and amount 
thereof, the name of the person to whom sold, the amount re- 
ceived for the same, the date of the sale, and the time when 
payable. 

6. Short-Term Notes. Prior to the issuance of the bonds 
hereunder, the treasurer, under the direction of the governor 
and council, may for the purposes hereof borrow money from 
time to time on short-term loans to be refunded by the 
issuance of the bonds hereunder provided however that at no 
one time shall the indebtedness of the state on such short- 
term loans exceed the sum of sixty-five thousand dollars. 

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

[Approved June 13, 1939.] 



1939] Chapter 177 225 

CHAPTER 177. 

AN ACT TO AUTHORIZE THE SALE OF PROPERTY IN DURHAM, NEW 

HAMPSHIRE, FOR THE BENEFIT OF THE UNIVERSITY OF 

NEW HAMPSHIRE. 



Section 

1. Authority granted. 

2. Construction of act. 



Section 
3. Takes effect. 



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

1. Authority Granted. The board of trustees of the Uni- 
versity of New Hampshire, with the advice and consent of the 
governor and council, are hereby authorized and empowered 
to sell or exchange for the best interests of the state of New 
Hampshire and the needs and uses of the university the 
following described tracts of land devised to the state of New 
Hampshire in trust by the will of Benjamin Thompson, late of 
Durham, N. H., for agricultural purposes, in March, 1890, and 
not adapted to the provision of said trust, viz : 

(1) A tract of land situate on the Westerly side of Mad- 
bury Road in Durham, and bounded as follows : Beginning at 
a point on the Westerly side of Madbury Road one hundred 
eighty-nine and five-tenths (189.5) feet, more or less. South of 
an elm tree marking the corner of Mathes Terrace and Mad- 
bury Road, and described in deed of John R. and Mary E. 
Mathes to James. G. and Vella M. Smart, Strafford County 
Registry of Deeds, Vol. 405, Page 301, and running Southerly 
three hundred and one and two-tenths (301.2) feet along Mad- 
bury Road to the Northeast corner of land of Katherine D. 
Paine; thence turning and running by land of said Paine in a 
Westerly direction to land of Mrs. Walter S. Edgerly; thence 
turning and running in a Northwesterly direction by land of 
Mrs. Walter S. Edgerly, George F. Hardy and Fred B. Phil- 
brick; thence turning and running in a Southwesterly direc- 
tion by land of Hardy and Philbrick to an iron pipe; thence 
turning and running in a Northwesterly direction by land of 
Merchants Savings Bank and John W. Grant; thence turning 
and running in a Northeasterly direction by land of Etta F. 
Schoonmaker and Harold I. Leavitt to the center of Ballard 
Brook; thence running Northeasterly, Easterly and South- 
easterly by land of James G. and Vella M. Smart to the point 



226 Chapter 177 [1939 

of beginning, containing one and four-tenths (1.4) acres, more 
or less; 

(2) Also a certain other parcel of land situate in Dur- 
ham on the Northerly side of Main Street, bounded and de- 
scribed as follows: Beginning at the center of a stone bound 
on the Northerly side of said Main Street between land of Fred 
Rollins and the University of New Hampshire and running 
along said Main Street North 47° 36' West a distance of fifty 
(50) feet to the Southwest corner of a six inch (6") square 
concrete bound; thence turning and running North 6° 28' East 
a distance of one hundred sixty-five and nine-tenths (165.9) 
feet to the Northwest corner of a six inch (6") square 
concrete bound; thence turning and running South 52° 47' 
East a distance of one hundred fifty and seven tenths (150.7) 
feet to the center of a six inch (6") square concrete bound 
marked "U N H"; thence turning and running South 43° 05' 
West a distance of one hundred forty-seven and sixteen hun- 
dreths (147.16) feet to the bound begun at; the above tract 
containing seventeen thousand three hundred sixty (17,360) 
square feet; 

(3) Also a tract of land situate in Durham, bounded and 
described as follows: Beginning at the Southeast corner of 
land herein described, said corner being the intersection of a 
stone wall marking the Westerly boundary of land of Edgar 
D. and Ivy Belle Chesley with a stone wall marking the North- 
erly boundary of land of Harold W. Loveren and running 
North 5° 53' East along a stone wall, by the land of the said 
Chesleys, a distance of nine hundred twenty-one (921) feet, 
more or less, to the center of Ballard Brook; thence turning 
and running along the center of said Ballard Brook by land 
of Edith H. McNutt, Lucien O. Geoffrien, Victor H. Smith, and 
Edmond W. Bowler a distance of six hundred fifty-six feet 
(656'), more or less; thence turning and running South 
12° 13' West along a stone wall by land of J. Kenneth 
Rader a distance of four hundred eighty-four feet 
(484'), more or less; thence turning and running 
South 66° 10' East along a stone wall by land of Elsie H. 
Brown and J. Kenneth Rader a distance of one hundred and 
thirty-six (136) feet, more or less; thence turning and run- 
ning Northeasterly along a stone wall by land of Mrs. H. Dean 
Quinby, Jr., a distance of four (4) feet, more ol* less; thence 



1939] Chapter 178 227 

turning and running- Southeasterly along a stone wall by land 
of Mrs. H. Dean Quinby, Jr., a distance of nine (9) feet, more 
or less; thence turning and running North 21° 56' East along 
a stone wall by land of Mrs. H. Dean Quinby, Jr., a distance of 
sixty (60) feet, more or less; thence turning and running 
South 62° 26' East along a stone wall by land of Mrs. H. Dean 
Quinby, Jr., and Harold W. Loveren a distance of four hundred 
fifty-eight (458) feet, more or less, to the point begun at, 
containing seven (7) acres. This tract of land is entered by 
a right of way sixteen and one half (I6V2) feet wide extend- 
ing from the Southwest corner of the tract to Madbury Road ; 
the proceeds of said sale or exchange to be used and devoted 
to the cause of agriculture according to the terms of said will 
and codicils of Benjamin Thompson and the president of the 
University of New Hampshire is authorized in the name of 
the state to execute such instruments as may be necessary to 
effect the transfer of said properties to the several grantees. 

2. Construction of Act. This act shall be construed only 
as providing for the conveyance of the property hereinbefore 
described within the limits of the gift thereof to the state 
and in no way as changing or attempting to change the terms 
of said gift or the acceptance thereof. ■ 

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

[Approved June 14, 1939.] 



CHAPTER 178. 

AN ACT RELATING TO THE TRIAL OF CAPITAL CASES. 

Sf.ction [ Section 

1. Witnesses. I 2. Takes effect. 

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

1. Witnesses. Amend section 1 of chapter 368 of the Pub- 
lic Laws by adding at the end thereof the following words: 
provided, however, that the justice presiding at the trial may 
admit the testimony at the trial of any witness whose name 
and place of abode is not on the list hereinbefore provided for 
upon such notice to the respondent as he, the presiding justice, 
shall direct whenever in his discretion he deems such action 



228 



Chapter 179 



[1939 



will promote justice, so that said section as amended shall 
read as follows: 1. Capital Cases. Every person indicted 
for an offense the punishment of which may be death shall be 
entitled to a copy of the indictment before he is arraigned 
thereon ; to a list of the witnesses to be used and of the jurors 
returned to serve on the trial, with the place of abode of each, 
to be delivered to him twenty-four hours before the trial; to 
counsel learned in the law, not exceeding two, to be assigned 
him by the court, at his request, who shall have access to him 
at all reasonable hours ; and to such process from the court to 
compel witnesses to appear and testify at the trial as is usually 
granted on behalf of the state, if he is poor and unable to de- 
fray the expense of procuring their attendance ; provided, how- 
ever, that the justice presiding at the trial may admit the 
testimony at the trial of any witness whose name and place 
of abode is not on the list hereinbefore provided for upon such 
notice to the respondent as he, the presiding justice, shall 
direct whenever in his discretion he deems such action will 
promote justice. 

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

[Approved June 14, 1939.] 



CHAPTER 179. 

AN ACT PROVIDING FOR THE LITIGATION OF SMALL CLAIMS. 



Section 

1. Small claim defined. 

2. Procedure established. 

3. Process. 

4. Disposition of fee. 

5. Limitation of number 

claims. 



of 



Section 

6. Notice to defendant. 

7. Judgment. 

8. Proceedings after judgment. 

9. Takes effect. 



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

1. Small Claim Defined. A small claim is any right of 
action not involving the title to real estate in which the debt 
or damages, exclusive of interest and costs, does not exceed 
thirty-five dollars. 

2. Procedure Established. There is hereby established a 
simple, speedy and informal procedure which a plaintiff or his 



1939] Chapter 179 229 

authorized attorney may pursue in an action commenced be- 
fore a justice of a municipal court for the determination of a 
small claim. Such procedure shall be alternative and not ex- 
clusive. 

3. Process. A plaintiff or his authorized attorney here- 
under shall state the substance of his claim to the justice or 
clerk of the municipal court having jurisdiction thereof who 
shall briefly record the nature of the claim and set a date for 
hearing. The plaintiff or his authorized attorney shall at the 
same time pay an entry fee of one dollar and seventy cents. 

4. Disposition of Fee. Of the amount of the entry fee the 
justice shall be allowed the sum of one dollar for his services, 
twenty cents to be used for postage for notice to defendant 
and fifty cents shall be for the use of the town in which the 
court is established. 

5. Limitation of Number of Claims. No person shall be 
permitted to enter in any one court more than five small claims 
in any one week nor more than twenty small claims in any 
one month. 

6. Notice to Defendant. The justice shall cause notice of 
the claim and the substance thereof to be given to the defend- 
ant by sending a written statement to the defendant by post- 
paid registered mail addressed to the defendant at his last 
known post office address and directing the defendant to 
appear at the time and place of hearing, which shall be not 
less than fourteen days from the date said notice is mailed to 
the defendant. Return receipt showing that defendant has 
received the statement shall constitute an essential part of the 
service. 

7. Judgment. At the hearing the technical rules of 
evidence shall not apply but the justice may admit any 
evidence he deems material and proper. Judgment shall be' 
entered for the prevailing party and if the plaintiff or his 
authorized attorney recover, his costs shall be awarded to him 
in addition to the judgment made in his behalf. In awarding 
judgment the justice may provide for payment thereof in in- 
stallments. Failure to appear before the magistrate on the 
part of the defendant shall grant judgment in favor of the 
plaintiff or his authorized attorney. 

8. Proceedings After Judgment. All proceedings sub- 



230 Chapter 180 [1939 

sequent to the rendition of judgment shall follow the practice 
and procedure now provided for. 

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

[Approved June 14, 1939.] 



CHAPTER 180. 

AN ACT RELATING TO THE TAXATION OF TOBACCO PRODUCTS. 



Section 

1. Amendment. 

2. Ratification. 



Section 
3. Takes effect. 



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

1. Amendment. Amend paragraph III of section 1 of 
chapter 167 of the Laws of 1939 by striking out said para- 
graph and inserting in place thereof the following: III. 
"Distributor," any person in this state engaged in the busi- 
ness of manufacturing tobacco products or any person who 
purchases tobacco products at wholesale for the purpose of 
resale to retailers in this state and who has maintained a 
regular place of business where tobacco products have been 
sold at wholesale, provided any person engaged in conducting 
ten or more retail stores or twenty-five or more machines for 
vending packages of cigarettes in this state who shall buy 
such tobacco products at wholesale and sell them direct to the 
consumer in said stores or in said vending machines shall 
be considered a distributor as herein defined. 

Further amend said chapter 167 of the Laws of 1939 by 
adding after paragraph VIII of section 1 the following new 
paragraphs IX and X: IX. "Tobacco products," shall in- 
clude perique, granulated, plug cut, crimp cut, ready rubbed 
and other smoking tobacco, snuff, snuff flour, cavendish, plug 
and twist tobacco, fine-cut and other chewing tobaccos, shorts, 
the refuse of fine-cut chewing, refuse scraps, clippings, cut- 
tings and sweepings of tobacco and other kinds and forms of 
tobacco, prepared in such manner as to be suitable for chew- 
ing or smoking in a pipe or to be made into cigarettes or other- 
wise, or both for chewing and smoking, and substitutes there- 
for, and shall include cigarettes. X. "Usual selling price" 



1939] Chapter 180 231 

means the normal retail selling price of tobiacco products as 
determined by the tax commission. In determining the usual 
selling price the commission shall consider the generally 
established price of tobacco products at retail stores in this 
state for a period of at least two years before such determina- 
tion, and the wholesaler's price, usual dealers' profit, and ad- 
vertised prices both within and without this state. Adver- 
tised "cut-rate" prices and quantity discounts allowed by re- 
tailers shall be evidence that the "usual selling price" is 
higher than such "sale" or bargain prices. 

Further amend said chapter 167 of the Laws of 1939 by 
striking out section 3 thereof and substituting in place of it 
the following: 3. Term of Validity of License. Licenses 
issued under the provisions of this act shall expire on June 
thirtieth next succeeding the date of issuance, unless sooner 
revoked or unless the business with respect to which a license 
was issued shall change ownership. Licenses may be renewed 
upon filing an application as provided in section 2 and paying 
the fee therein prescribed. No person shall cause a cigarette 
vending machine to be operated in this state unless such 
machine shall have been licensed by the commission as a re- 
tail outlet and appropriately identified as such in such manner 
as the commission shall determine. 

Further amend said chapter 167 of the Laws of 1939 by 
striking out section' 5 thereof and substituting in place of it 
the following : 5. Tax Imposed. A tax is hereby imposed at 
the rate of fifteen per cent upon the value of all tobacco 
products sold at retail in this state on and after July 1, 1939, 
measured by the usual selling price. The payment of the tax 
shall be evidenced by affixing stamps to the smallest packages 
containing the tobacco products in which such products 
usually are sold at retail, but the word package as used herein 
shall not include individual cigars, cigarettes, or plugs or 
hanks of chewing tobacco, and such stamps shall be affixed in 
denominations of not less than one-half cent to an aggregate 
value nearest the tax hereby imposed. No tax is imposed on 
any transactions the taxation of which by this state is pro- 
hibited by the constitution of the United States. 

Further amend" said chapter 167 of the Laws of 1939 by 
striking out sections 7, 8, 9 and 10 thereof and substituting in 
place thereof the following: 7. Stamps. The tax commis- 



232 Chapter 180 [1939 

sion shall secure stamps, of such design and denomination as 
it shall prescribe, suitable to be affixed to packages of tobacco 
products as evidence of the payment of the tax imposed by 
this chapter. The commission shall sell such stamps to 
licensed distributors at a discount of five per cent of their face 
value, to encourage distributors to affix such stamps and com- 
pensate them for so doing, and to licensed dealers at their 
face value. The tax commission may in its discretion 
permit a licensed distributor or a licensed dealer to pay 
for such stamps within thirty days after the date of 
purchase, provided a bond satisfactory to the tax com- 
mission, in an amount not less than the sale price 
of such stamps, shall have been filed with the commission, con- 
ditioned upon payment for such stamps. The tax commission 
shall keep accurate records of all stamps sold to each distribu- 
tor and dealer and shall pay over all receipts from the sale of 
stamps to the state treasurer daily. 8. Metering Machines. 
The tax commission may authorize any licensed distributor 
or dealer to use a metering machine in accordance with such 
rules and regulations prescribed by it as may be necessary to 
insure the payment of all taxes properly due in accordance 
with this act. The commission shall not permit the use of 
any such machine unless prepayment covering the amount of 
tax less the discount, if any, for which the meter is set shall 
have been made, or unless a bond satisfactory to the tax com- 
mission shall have been filed conditioned upon payment of said 
amount. Cash may be accepted as security in place of a 
surety bond. Each machine shall be read and inspected at 
least once a month, and unless prepayment on account of said 
machine shall have been made the tax shall be determined at 
the time of each inspection, and after allowing for the dis- 
count, if any, as provided herein it shall become at once due 
and payable. 9. Resale and Redemption. No distributor or 
dealer shall sell or transfer any stamps issued under the 
provisions of this act. The tax commission shall redeem 
any unused, uncancelled stamps presented by any licensed 
distributor or dealer, at a price equal to the amount paid 
therefor by such dealer or distributor, and the state treas- 
urer shall provide, out of money collected hereunder, the funds 
necessary for such redemption. 10. Non-residents Author- 
ized to Affix Stamps. If the commission shall find that the 



1939] Chapter 180 233 

collection of the tax hereby imposed would be facilitated, 
it may in its discretion authorize any person resident 
or located outside this state and engaged in a business 
which would make such person if he carried it on in this state 
a distributor as defined herein, and who ships tobacco products 
into the state for sale to dealers, to affix the stamps required 
by this chapter on behalf of the purchasers of such tobacco 
products. The tax commission may sell stamps to such per- 
son or the commission may authorize the use of a metering 
machine as provided herein. No stamps shall be sold or no 
such authorization shall issue, however, until such non- 
resident person shall have appointed the secretary of state his 
attorney for the service of process in this state in the same 
manner as is provided in chapter 231 of the Public Laws. 
Service shall be made on the secretary of state as agent of 
such person in the same manner as is provided in said chapter 
231. The commission may establish such rules and regula- 
tions and impose such conditions upon a grant of authoriza- 
tion to affix stamps to a non-resident as to it shall seem neces- 
sary to insure compliance with the provisions of this act, in- 
cluding the right to inspect the books of such non-resident 
and the posting of a bond conditioned upon the payment of 
all taxes hereby imposed. 

Further amend said chapter 167 of the Laws of 1939 by in- 
serting after section 18 thereof the following new section 19 
and by striking out section 19 of said chapter 167 and insert- 
ing in place of it the following new section 20: 19. State 
Tax. While this act remains in effect, no direct state tax 
shall be levied on the cities and towns. 20. Takes Effect. 
Sections 1, 6, 7, 8, 9, 10, 11, 12, 14, 16, 18 and 19 of this act 
shall take effect upon its passage, and the remaining sections 
shall take effect June 30, 1939. 

2. Ratification. The enactment of said chapter 167 of the 
Laws of 1939 as engrossed but subject to the foregoing 
amendments is hereby in every way ratified, confirmed and 
approved. 

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

[Approved June 14, 1939.] 



234 Chapters 181, 182 [1939 

CHAPTER 181. 

AN ACT RELATIVE TO SUNDAY WORK FOR EMPLOYEES OF TELE- 
GRAPH AND TELEPHONE OFFICES. 



Section 
2. Takes effect. 



Section 

1. One day rest in seven ; ex- 
ception. 

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

1. One Day Rest in Seven; Exceptions. Amend section 47 
of chapter 176 of the Public Laws, as inserted by chapter 130, 
Laws of 1933, and as amended by chapter 129, Laws of 1937, 
and chapter 70, Laws of 1939, by inserting after paragraph 
VII the following new paragraph : VIII. Employees of tele- 
graph and telephone offices. 

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

[Approved June 15, 1939.] 



CHAPTER 182. 

AN ACT RELATING TO THE RETIREMENT SYSTEM FOR FIREMEN. 

Section ■ Section 

1. Compensation in case of death '' 2. Takes effect, 
or disability of call firemen. 

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

1. Compensation in Case of Death or Disability of Call 
Fireman. Amend the third paragraph of section 13 of chap- 
ter 154 of the Laws of 1939, by striking out the word ''thirty" 
and. inserting in place thereof the word sixty, so that said 
paragraph as amended shall read as follows: Any call fire- 
men who desire the benefits of this act shall make appHcation 
to the retirement board within sixtj^ days of the passage of 
this act, and pay the sum of three dollars per year, said 
amount to be paid in one sum. Any person hereafter be- 
coming a call fireman may in the same manner, within sixty 
days of his appointment thereto, accept the benefits here- 
under. 



1939] Chapter 183 235 

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

[Approved June 15, 1939.] 



CHAPTER 183. 



AN ACT PROVIDING FOR THE REMODELING OF THE OLD MAIN 
BUILDING AT THE STATE INDUSTRIAL SCHOOL. 



Section 

1. Appropriation. 

2. Federal assistance. 



Section 

3. Payment. 

4. Takes effect. 



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

1. Appropriation. The sum of ten thousand dollars 
($10,000) be and hereby is appropriated for remodeling the old 
Main Building at the state industrial school to provide de- 
tention quarters, for fireproofing of floors and incidentals. 
Said sum shall be expended under the direction of the super- 
intendent of said school with the consent of the trustees of 
said school in accordance with plans and specifications to be 
approved by the governor and council. 

2. Federal Assistance. The governor and council are 
hereby authorized to co-operate with and enter into such 
agreements with the federal government or any agency there- 
of as they may deem advisable to secure federal funds for the 
purposes of this act. In case such federal funds are secured for 
the purposes hereof said funds may be used in addition to the 
•amount appropriated by the state hereunder. 

3. Payment. The governor is hereby authorized to draw 
his warrants for the sum hereby appropriated by the state out 
of any money in the treasury not otherwise appropriated, 

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

[Approved June 15, 1939.] 



236 



Chapter 184 



[1939 



CHAPTER 184. 

AN ACT RELATING TO THE STATE HOUSE, STATE HOUSE ANNEX, 

STATE LIBRARY, HANNAH DUSTIN MONUMENT, 

FRANKLIN PIERCE HOMESTEAD AND THE 

DANIEL WEBSTER BIRTHPLACE. 



Section 




Sect 


ION 


1. New 


chapter. 




11. Rules. 


1. 


Custodians. 




12. Assignment of rooms. 


2. 


Superintendent. 




13. Furniture. 


3. 


Removal. 




14. Portraits. 


4. 


Salary. 




16. Penalties. 


5. 


Duties. 


2. 


Hannah Dustin monument. 


6. 


Assistants.. 


3. 


State library building. 


7. 


Labor ; supplies. 


4. 


Amendment. 


8. 


Telephone service. 


5. 


Duties of secretary of state 


9. 


Freight; express. 


6. 


Takes effect. 


10. 


Repairs. 







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

1. State Property, Care and Maintenance. Amend chap- 
ter 7 of the Pubhc Laws by striking out said chapter and in- 
serting in place thereof the following new chapter: 

CHAPTER 7 

STATE HOUSE, STATE HOUSE ANNEX, STATE LIBRARY, HANNAH 

DUSTIN MONUMENT, FRANKLIN PIERCE HOMESTEAD 

AND THE DANIEL WEBSTER BIRTPIPLACE* 

1. Custodians. The governor and council shall be the cus- 
todians of the state house, state house annex, state library, 
Hannah Dustin monument, Franklin Pierce homestead, Daniel 
Webster birthplace and grounds connected with each. 

2. Superintendent. The governor, with the advice of the 
council, shall appoint a superintendent of state buildings and 
grounds, who shall be subject to their direction and control, 
and shall hold his office for two years and until his successor 
is appointed. 

3. Removal. The governor, with the advice of the coun- 
cil, may remove the superintendent after proper cause shown 
at a hearing duly notified, and may appoint a successor for 
the unexpired term. 

4. Salary. The salary of the superintendent shall be 
twenty-five hundred dollars a year. 



1939] Chapter 184 237 

5. Duties. Said superintendent shall have charge of all 
matters relating to the care, maintenance and repair of the 
state house, state house annex, state library, Hannah Dustin 
monument, Franklin Pierce homestead, Daniel Webster birth- 
place and the grounds connected with each. 

6. Assistants. Said superintendent shall appoint such 
assistants as he may require, specify their work and fix their 
compensation. The superintendent with the approval of the 
governor and council may designate any employee of his de- 
partment to act as assistant superintendent. 

7. Labor; Supplies. The superintendent shall procure the 
labor and supplies necessary for the care, maintenance and 
repair of said buildings, grounds and property. He shall re- 
quire competitive bids for labor, when so directed by the gov- 
ernor and council, and shall make requisition on the purchas- 
ing agent for all supplies to be purchased. 

8. Telephone Service. Said superintendent shall establish 
a telephone exchange in the state house with connections to all 
departments. 

9. Freight; Express. Said superintendent shall establish 
rules and regulations for the receipt and despatch of all 
freight and express to and from the different departments in 
the state house and state house annex. 

10. Repairs. Whenever there is need of immediate repair 
of any portion of said buildings and grounds, the governor and 
council may direct the superintendent to proceed with the 
same, the amount expended to be as reasonable as the 
exigencies of the case allow. 

11. Rules. Said superintendent shall establish rules and 
regulations for the use of said buildings and grounds by the 
departments and the public and shall see that such rules and 
regulations are enforced. 

12. Assignment of Rooms. The governor and council shall 
assign the rooms in the state house and state house annex to 
the different departments and may from time to time change 
such assignments as they deem best. They shall define the 
authority of the superintendent as their executive officer over 
said rooms. 

13. Furniture. All furniture bought for any of the de- 
partments shall be charged to the proper appropriation of that 
department, and shall not be a charge upon any appropriation 



238 Chapter 184 [1939 

for the care, maintenance and repair of said state buildings. 

14. Portraits, etc. No portraits, busts, statues or other 
things of a memorial nature shall be placed in the state house, 
state house annex, Franklin Pierce homestead, Daniel Webster 
birthplace or on said grounds without the express consent of 
the governor and council. The governor and council shall 
locate and provide for the care of all flags, portraits, busts, 
monuments, etc., which now are, or may hereafter be, placed 
in the state house, state house annex, Franklin Pierce home- 
stead, Daniel Webster birthplace or on the grounds connected 
therewith or at the Hannah Dustin monument. 

16. Penalties. If any person shall do any act to injure or 
deface the state house, state house annex, state library, 
Hannah Dustin monument, Franklin Pierce homestead, Daniel 
Webster birthplace or grounds connected with each, shall use 
them for any other purpose than that for which they are in- 
tended, or shall violate any of the rules and regulations 
established by the superintendent under the authority hereof, 
he shall be fined not more than twenty dollars. 

2. Hannah Dustin Monument. Chapter 172 of the Laws 
of 1933, relating to the care of the Hannah Dustin monument, 
is hereby repealed. 

3. State Library Building. Amend section 29 of chapter 
10 of the Public Laws by striking out said section and insert- 
ing in place thereof the following: 29. Library Building. 
The governor and council shall be the custodians of the state 
library building and grounds, maintain them in suitable re- 
pair and provide for keeping them in suitable condition at all 
times for the use of the state library and the supreme court. 
The exclusive control of the supreme court rooms in the state 
library building shall be vested in the judges of the supreme 
court. 

4. Amendment. Section 9 of chapter 10 of the Public 
Laws, relative to form for appropriations for the state library 
is hereby repealed. 

5. Duties of Secretary of State. During the period from 
July 1, 1939, to June 30, 1941, the secretary of state shall have 
charge of all matters relating to the care, maintenance and 
repair of the Daniel Webster birthplace and the grounds 
connected therewith. 

6. Takes Effect. The provisions of chapter 7 of the Pub- 



1939] Chapter 185 239 

lie Laws, as hereinbefore amended, relative to the care and 
maintenance of the Daniel Webster birthplace by the superin- 
tendent of state buildings and grounds, being section 5 of said 
chapter 7, shall take effect as of July 1, 1941, but all other 
provisions of this act shall take effect as of July 1, 1939. 
[Approved June 15, 1939.] 



CHAPTER 185. 

AN ACT PROVIDING FOR IMPROVEMENTS AT THE STATE 
SANATORIUM. 

Section I Section 

1. Appropriation. 5. Accounts. 

2. Federal assistance. 6. Short-term notes. 

3. Bond or notes authorized. 7. Takes effect. 

4. Form ; proceeds of sale. 

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

1. Appropriation. The sum of twenty thousand dollars 
($20,000), or so much thereof as may be necessary, be and 
hereby is appropriated to be expended for additions and im- 
provements in the heating plant at the state sanatorium at 
Glencliff, in accordance with plans and specifications to be 
approved by the governor and council. In addition to said 
appropriation the sum of sixty thousand dollars ($60,000), or 
so much thereof as may be necessary, be and hereby is appro- 
priated to be expended for the construction and equipment of 
a nurses' home at said sanatorium, provided a grant is made 
by the federal government in connection with said nurses' 
home. Said appropriation shall be expended in accordance 
with plans and specifications to be approved by the governor 
and council. 

2. Federal Assistance. The governor and council are 
hereby authorized to co-operate with and enter into such 
agreements with the federal government or any agency there- 
of as they may deem advisable to secure federal funds for the 
purposes of this act. In case such federal funds are secured 
for the purposes hereof said funds shall not be used in addi- 
tion to the amounts appropriated by the state hereunder but 
the total amount of federal and state funds to be expended 
for the heating plant shall not exceed the sum of twenty thou- 



240 Chapter 185 [1939 

sand dollars and the total amount of federal and state funds 
to be expended for the nurses' home shall not exceed the sum 
of sixty thousand dollars. 

3. Bonds or Notes Authorized. In order to provide the 
funds for the appropriations made by the state hereunder the 
state treasurer is hereby authorized, under the direction of 
the governor and council, to borrow upon the credit of the 
state a sum not exceeding eighty thousand dollars and for 
that purpose may issue bonds or notes in the name and on be- 
half of the state. Such bonds or notes shall be deemed a 
pledge of the faith and credit of the state. 

4. Form; Proceeds of Sale, The governor and council 
shall determine the form of such bonds or notes, their rate 
of interest, using their best efforts to secure the lowest rate 
obtainable, the dates when interest shall be paid, the dates of 
maturity, the places where principal and interest shall be paid, 
and the time or times of issue. Such bonds or notes shall be 
signed by the treasurer and countersigned by the governor. 
The treasurer may negotiate and sell such bonds or notes un- 
der the direction of the governor and council in such manner 
as they may deem to be most advantageous to the state. Out 
of the proceeds of the sale of said bonds or note^ the governor 
is authorized to draw his warrants for the sums hereinbefore 
appropriated for the purposes of this act. 

5. Accounts. 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 time when payable, and the date 
of delivery to the treasurer. The treasurer shall keep an 
account of each bond or note, showing the number and amount 
thereof, the name of the person to whom sold, the amount re- 
ceived for the same, the date of the sale, and the time when 
payable. 

6. Short-Term Notes. Prior to the issuance of the bonds 
hereunder, the treasurer, under the direction of the governor 
and council, may for the purposes herqof borrow money from 
time to time on short-term notes to be refunded by the 
issuance of the bonds hereunder, provided however that at no 
one time shall the indebtedness of the state on such short- 
term notes exceed the sum of eighty thousand dollars. 



1939] Chapter 186 241 

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

[Approved June 15, 1939.] 



CHAPTER 186. 

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

Section I Section 

1. Apportionment. 3. Takes eflfect. 

2. Limitation. | 

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

1. Apportionment. That of every thousand dollars of 
public taxes hereafter to be raised, the proportion which each 
town and place shall pay, and for which the treasurer of the 
state is hereby authorized to issue his warrant, shall be as 
follows, to wit: 

Rockingham County, $116.97 

Atkinson, seventy-nine cents $0.79 

Auburn, one dollar and twenty-five cents 1.25 

Brentwood, seventy-four cents .74 

Candia, one dollar and twenty-three cents 1.23 

Chester, one dollar and twenty-four cents 1.24 

Danville, fifty-five cents .55 

Deerfield, one dollar 1.00 

Derry, eight dollars and eighty-four cents 8.84 

East Kingston, fifty-eight cents .58 

Epping, one dollar and sixty-nine cents 1.69 

Exeter, thirteen dollars and twenty-eight cents . . . 13.28 

Fremont, ninety-seven cents .97 

Greenland, ninety-five cents .95 

Hampstead, one dollar and twenty-eight cents .... 1.28 

Hampton, nine dollars and twenty-seven cents .... 9.27 

Hampton Falls, one dollar and thirty cents 1.30 

Kensington, sixty-five cents .65 

Kingston, one dollar and thirty-seven cents 1.37 

Londonderry, one dollar and eighty cents 1.80 

New Castle, one dollar and forty-five cents 1.45 



242 . Chapter 186 [1939 

Newfields, seventy cents $0.70 

Newington, eighty cents .80 

Newmarket, two dollars and seventy-five cents .... 2.75 

Newton, one dollar and five cents 1.05 

North Hampton, three dollars and forty-two cents . . 3.42 

North wood, one dollar and thirty-nine cents 1.39 

Nottingham, ninety cents .90 

Plaistow, one dollar and sixty-nine cents 1.69 

Portsmouth, thirty-seven dollars and six cents 37.06 

Raymond, one dollar and eighty-three cents 1.83 

Rye, five dollars 5.00 

Salem, four dollars and ninety-five cents 4.95 

Sandown, forty cents .40 

Seabrook, one dollar and fifty-five cents 1.55 

South Hampton, forty-three cents .43 

Stratham, one dollar and eleven cents 1.11 

Windham, one dollar and seventy-one cents 1.71 

Strafford County, $72.64 

Barrington, one dollar and nineteen cents $1.19 

Dover, twenty-seven dollars and sixty-nine cents . . 27.69 

Durham, three dollars and forty-eight cents 3.48 

Farmington, three dollars and seventy cents 3.70 

Lee, seventy-two cents .72 

Madbury, sixty-two cents .62 

Middleton, nineteen cents .19 

Milton, two dollars and eighty-three cents 2.83 

New Durham, sixty-seven cents .67 

Rochester, nineteen dollars and seventy cents 19.70 

Rollinsford, two dollars and twenty-one cents 2.21 

Somersworth, eight dollars and fifty cents 8.50 

Strafford, one dollar and fourteen cents 1.14 

Belknap County, $50.48 

Alton, three dollars and forty-one cents $3.41 

Barnstead, one dollar and fifteen cents 1.15 

Belmont, one dollar and sixty-nine cents 1.69 

Center Harbor, one dollar and forty-three cents .... 1.43 

Gilford, two dollars and sixty-one cents 2.61 

Gilmanton, one dollar and twenty-five cents 1.25 

Laconia, twenty-five dollars and sixty-five cents .... 25.65 



1939] Chapter 186 243 

Meredith, five dollars and six cents $5.06 

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

Sanbornton, one dollar and thirty-eight cents 1.38 

Tilton, four dollars and thirty-two cents 4.32 

CarroU County, $34.35 

Albany, thirty cents $0.30 

Bartlett, one dollar and sixty-eight cents 1.68 

Brookfield, forty-seven cents .47 

Chatham, twenty-nine cents .29 

Conway, five dollars and sixty-one cents 5.61 

Eaton, thirty-eight cents .38 

Effingham, sixty-four cents .64 

Freedom, ninety-five cents .95 

Hart's Location, nine cents .09 

Jackson, one dollar and nineteen cents 1.19 

Madison, one dollar and four cents 1.04 

Moultonborough, three dollars and twenty-nine cents 3.29 

Ossipee, two dollars and fifty-eight cents 2.58 

Sandwich, two dollars and thirty-one cents 2.31 

Tamworth, two dollars and fifty-one cents 2.51 

Tuftonboro, two dollars and thirty cents 2.30 

Wakefield, two dollars and forty-six cents 2.46 

Wolfeboro, six dollars and twenty-six cents 6.26 

Merrimack County, $127.03 

Allenstown, two dollars and ten cents $2.10 

Andover, two dollars and thirty-eight cents 2.38 

Boscawen, two dollars and forty-two cents 2.42 

Bow, two dollars and forty-five cents 2.45 

Bradford, one dollar and fifty-three cents 1.53 

Canterbury, one dollar and ten cents 1.10 

Chichester, eighty-seven cents .87 

Concord, sixty-six dollars and twenty-one cents . . . 66.21 

Danbury, seventy-six cents .76 

Dunbarton, ninety-five cents .95 

Epsom, one dollar and forty-three cents 1.43 

Franklin, twelve dollars and sixty-seven cents 12.67 

Henniker, two dollars and seventy-six cents 2.76 

Hill, one dollar and eight cents 1.08 

Hooksett, three dollars and ten cents 3.10 



244 Chapter 186 [1939 

Hopkinton, three dollars and forty cents $3.40 

Loudon, one dollar and twenty-eight cents 1.28 

Newbury, one dollar and ninety-niiie cents 1.99 

New London, three dollars and forty-seven cents . . 3.47 

Northfield, two dollars and ten cents 2.10 

Pembroke, three dollars and sixty-five cents 3.65 

Pittsfield, three dollars and fifty-six cents 3.56 

Salisbury, eighty-six cents .86 

Sutton, one dollar and eleven cents 1.11 

Warner, two dollars and eleven cents 2.11 

Webster, one dollar and eight cents 1.08 

Wilmot, sixty-one cents .61 

Hillsborough County, $291.10 

Amherst, two dollars and eleven cents $2.11 

Antrim, two dollars and twenty-nine cents 2.29 

Bedford, two dollars and eighty-two cents 2.82 

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

Brookline, eighty-four cents .84 

Deering, seventy cents .70 

Francestown, ninety-one cents .91 

Goffstown, six dollars and seventy cents 6.70 

Greenfield, ninety-nine cents .99 

Greenville, two dollars and fifty-two cents 2.52 

Hancock, one dollar and seventy-eight cents 1.78 

Hillsborough, four dollars and sixty-eight cents .... 4.68 

Hollis, one dollar and seventy-one cents 1.71 

Hudson, three dollars and thirty-five cents 3.35 

Litchfield, seventy-six cents .76 

Lyndeborough, ninety-nine cents .99 

Manchester, one hundred and sixty dollars and 

thirty-eight cents 160.38 

Mason, forty-eight cents .48 

Merrimack, two dollars and fifty-four cents 2.54 

Milford, seven dollars and seventy-six cents 7.76 

Mont Vernon, eighty-two cents .82 

Nashua, sixty-four dollars and four cents 64.04 

New Boston, one dollar and forty-eight cents 1.48 

New Ipswich, one dollar and sixty cents 1.60 

Pelham, one dollar and fifty-two cents 1.52 

Peterborough, nine dollars and thirty-five cents .... 9.35 



1939] Chapter 186 245 

Sharon, twenty-three cents $0.23 

Temple, fifty-one cents .51 

Weare, two dollars and seventeen cents 2.17 

Wilton, three dollars and twenty-five cents 3.25 

Windsor, nine cents .09 

Cheshire County, $76.57 

Alstead, one dollar and twenty-nine cents $1.29 

Chesterfield, two dollars and seventeen cents 2.17 

Dublin, three dollars and fifty-five cents 3.55 

Fitzwilliam, one dollar and forty-seven cents 1.47 

Gilsum, forty-eight cents .48 

Harris ville, one dollar and fifty-eight cents 1.58 

Hinsdale, five dollars and forty-seven cents 5.47 

Jaffrey, six dollars and forty-one cents 6.41 

Keene, thirty-one dollars and sixty-one cents 31.61 

Marlborough, two dollars and twenty-five cents. . . . 2.25 

Marlow, forty-six cents .46 

Nelson, fifty-nine cents .59 

Richmond, forty-four cents .44 

Rindge, one dollar and eighty-one cents 1.81 

Roxbury, twenty cents .20 

Stoddard, sixty-nine cents .69 

Sullivan, thirty-two cents .32 

Surry, fifty-four cents .54 

Swanzey, two dollars and seventy cents 2.70 

Troy, one dollar and seventy-six cents 1.76 

Walpole, six dollars and fifty cents 6.50 

Westmoreland, ninety-four cents .94 

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

SuUivan County, $47.97 

Acworth, fifty-eight cents $0.58 

Charlestown, three dollars and one cent 3.01 

CJaremont, twenty-four dollars and thirty-four cents 24.34 

Cornish, one dollar and sixty-eight cents 1.68 

Croydon, sixty-eight cents .68 

Goshen, forty-five cents .45 

Grantham, thirty-seven cents .37 

Langdon, thirty-seven cents .37 

Lempster, thirty-seven cents .37 



246 Chapter 186 [1939 

Newport, eight dollars and seventy-three cents .... $8.73 

Plainfield, one dollar and seventy cents 1.70 

Springfield, seventy-eight cents .78 

Sunapee, three dollars and sixty-two cents 3.62 

Unity, fifty-two cents .52 

Washington, seventy-seven cents .77 

Grafton County, $106.59 

Alexandria, eighty-one cents $0.81 

Ashland, two dollars and ninety-three cents 2.93 

Bath, one dollar and forty-nine cents 1.49 

Benton, twenty-three cents .23 

Bethlehem, five dollars and ten cents 5.10 

Bridgewater, one dollar 1.00 

Bristol, four dollars and forty-eight cents 4.48 

Campton, two dollars and nineteen cents 2.19 

Canaan, two dollars and nine cents 2.09 

Dorchester, thirty-two cents .32 

Easton, twenty-one cents .21 

Ellsworth, five cents .05 

Enfield, two dollars and forty-one cents 2.41 

Franconia, one dollar and sixty-eight cents 1.68 

Grafton, eighty-two cents .82 

Groton, seventy cents .70 

Hanover, ten dollars and thirty-seven cents 10.37 

Haverhill, six dollars and eighty-two cents 6.82 

Hebron, ninety-two cents .92 

Holderness, three dollars and sixteen cents 3.16 

Landaff, forty-eight cents .48 

Lebanon, fourteen dollars 14.00 

Lincoln, two dollars and two cents 2.02 

Lisbon, four dollars and eighty-six cents 4.86 

Littleton, eight dollars and forty-five cents 8.45 

Lyman, fifty cents .50 

Lyme, one dollar and forty-eight cents 1.48 

Monroe, thirteen dollars and forty-nine cents 13.49 

Orange, twenty cents .20 

Orford, one dollar and twenty-one cents 1.21 

Piermont, one dollar and two cents 1.02 

Plymouth, five dollars and fifty cents 5.50 

Rumney, one dollar and thirty-eight cents 1.38 



1939] Chapter 186 247 

Thornton, seventy cents $0.70 

Warren, one dollar and four cents 1.04 

Waterville, twelve cents .12 

Wentworth, eighty-three cents .83 

Woodstock, one dollar and fifty-three cents 1.53 

Coos County, $73.31 

Berlin, twenty-eight dollars and sixty-eight cents . . $28.68 

Carroll, two dollars and forty-four cents 2.44 

Clarksville, seventy-six cents .76 

Colebrook, three dollars and ninety-one cents 3.91 

Columbia, eighty-three cents .83 

Dalton, seventy-six cents .76 

Dummer, fifty-eight cents .58 

Errol, one dollar and twelve cents 1.12 

Gorham, seven dollars and sixty-three cents 7.63 

Jefferson, one dollar and fifty-three cents 1.53 

Lancaster, six dollars and forty cents 6.40 

Milan, one dollar and six cents 1.06 

Northumberland, four dollars and four cents 4.04 

Pittsburg, three dollars and eighty-five cents 3.85 

Randolph, eighty-five cents .85 

Shelburne, ninety-six cents .96 

Stark, fifty-eight cents .58 

Stewartstown, one dollar and thirty- three cents .... 1.33 

Stratford, one dollar and ninety-three cents 1.93 

Wentworth's Location, twenty cents .20 

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

Unincorporated Places, $2.99 

Cambridge, seventy-one cents $0.71 

Crawford's Purchase, seven cents .07 

Dixville, eighty cents .80 

Dix's Grant, nine cents .09 

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 



248 



Chapter 187 



[1939 



Second College Grant, eleven cents $0.11 

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 June 15, 1939.] 



. 


CHAPTER 187. 


AN ACT RELATING TO THE DISEASES OF DOMESTIC ANIMALS. 


Section 

1. Diseased animals. 

2. Animals to be killed. 

3. Indemnity. 

4. Limitation. 




Section 

5. Indemnity for condemned 

animals. 

6. Tested animals. 

7. Diseased animals. 

8. Takes effect. 



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

1. Diseased Animals. Amend section 16, chapter 187, 
Public Laws, by adding after the word "tuberculosis" in the 
sixth line the words, or bang's disease, so that said section as 

amended shall read as follows: 16. , Disposal of 

Carcasses. When slaughtered, the carcasses, under regu- 
lations prescribed by the commissioner, shall be burned or 
covered with lime and buried, or may be shipped to a fer- 
tilizer or rendering plant; provided, that the meat of animals 
reacting to the tuberculin or other approved test, but showing 
no physical indications of tuberculosis or bang's disease, may 
be used or sold for food under regulations prescribed by the 
state board of health, or in accordance with the rules and 
regulations of the bureau of animal industry of the United 
States under the federal meat inspection law. 

2. Animals to be Killed. Amend section 53, chapter 187, 
Public Laws, by striking out the words "one hundred" in the 
third line and substituting therefor the words, one hundred 
twenty-five, so that said section as amended shall read as 
follows : 53. Valuation. In making such appraisal, the fact 



1939] Chapter 187 249 

that the animals have been condemned for disease shall not 
be considered; but in no case shall it exceed the sum of one 
hundred twenty-five dollars for grade cattle, or two hundred 
dollars for pure bred registered cattle and for horses. 

3. Indemnity. Amend section 54, chapter 187 of the Pub- 
lic Laws, as amended by section 2, chapter 169, Laws of 1929, 
and section 4, chapter 22 of the Laws of 1931 by adding after 
the word 'tuberculosis" in the seventh line the words, or 
bang's disease, so that said section as amended shall read as 
follows: 54. Importations. In no case shall compensation 
be allowed for any animals destroyed which may have con- 
tracted, or been exposed to, such disease in a foreign country, 
or on the high seas, or which have been brought or shipped 
into this state, within three months previous to showing 
evidence of such disease, except animals that have been im- 
ported directly from tuberculosis or bang's disease free 
accredited herds, and are accompanied by properly approved 
health charts certifying to same; and the owner or person in 
possession thereof shall furnish satisfactory evidence as to 
the time during which such animals have been owned in the 
state. 

4. Limitation. Amend section 55, chapter 187 of the Pub- 
lic Laws, by adding after the word "tuberculin" in the sixth 
line the words, or bang's disease, so that said section as 
amended shall read as follows: 55. Concealment. No com- 
pensation shall be allowed to any owner who in person, or by 
his agent, knowingly and wilfully conceals the existence of 
such disease, or the fact of exposure thereto, in animals of 
which the person making such concealment, by himself or 
agent, is in whole or part the owner, nor shall compensation 
be allowed for bovine animals condemned by the tuberculin 
or bang's disease test unless said test is authorized by the 
commissioner or his agent. 

5. Indemnity for Condemned Animals. Amend section 57, 
chapter 187 of the Public Laws as amended by chapter 125, 
Laws of 1935 by striking out the word "twenty" in the fifth 
line of said section and inserting in place thereof the words 
twenty-five; further amend by striking out the words "one 
half" in the third line and inserting in place thereof the words, 
one third, so that said section as amended shall read as 
follows: 57. Payment. The state shall pay the owner. 



250 Chapter 187 [1939 

after filing such certificate or certificates as the commissioner 
may direct, one third of the appraised value on all horses con- 
demned and killed and for all bovine animals condemned and 
killed an amount not to exceed twenty-five dollars for a grade 
animal and fifty dollars for a registered pure bred animal 
providing that the amount received from salvage, from the 
federal government, and from the state shall not exceed the 
appraised value thereof. 

6. Tested Animals. Amend section 67, chapter 187 of the 
Public Laws, by adding after the word "tuberculosis" in the 
first line the words, or bang's disease, and by striking out the 
words "test or both" and inserting in place thereof the words, 
or bang's disease test, or all three; further amend by adding 
after the letter "T" in the sixth line the words, or the letter 
B, so that said section as amended shall read as follows: 67. 
Reactors. Any bovine in which tuberculosis or bang's dis- 
ease is diagnosed by the commissioner or his agent on physical 
examination, or by means of the tuberculin or bang's disease 
test, or all three, which is not immediately slaughtered under 
the supervision of the commissioner or his agent, shall be 
marked by inserting in its left ear a metal tag upon which is 
stamped a number and the word Reactor, and by branding the 
letter T or the letter B, not less than two nor more than three 
inches high on the left jaw. 

7. Diseased Animals. Amend section 73, chapter 187 of 
the Public Laws, by adding after the word "tuberculosis" in 
the second line the words, or bang's disease, and after the 
word "tuberculous" in the seventh line the words, or infected 
with bang's disease, so that said section as amended shall read 
as follows: 73. Contract of Sale. No animal showing 
physical evidence of tuberculosis or bang's disease, or in which 
such disease shall have been indicated as a result of the tuber- 
culin or other approved test, shall be sold other than for im- 
mediate slaughter, said slaughtering to be ordered by and 
under the supervision of the commissioner or his agent, ex- 
cept under a written contract approved by the commissioner, 
signed by both parties, describing the animal and stating that 
it is believed to be tuberculous or infected with bang's disease. 
A contract of sale as provided by this section shall be executed 
in triplicate and one copy thereof delivered to the purchaser. 



1939] Chapter 188 251 

one kept by the seller and the other delivered to the com- 
missioner. 

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

[Approved June 15, 1939.] 



CHAPTER 188. 



AN ACT RELATING TO INVESTMENTS OF LIFE INSURANCE 
COMPANIES. 



Section 

1. Life insurance companies. 

2. Application to investments now 

held. 



Section 
3. Takes effect. 



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

1. Life Insurance Companies. Amend section 15 of chap- 
ter 278 of the Public Laws, as amended by chapter 56 of the 
Laws of 1929, by striking out said section and inserting in 
place thereof the following: 15. Securities, etc. Such com- 
panies shall invest their funds as follows: 

I. In bonds of the United States. 

II. In loans secured by first mortgage on improved real 
estate subject to the following limitations: (a) Such loans 
shall not exceed fifty per cent of the value of the mortgaged 
property except in the case of loans on property in cities or 
towns where the mortgage provides for the amortization of 
the debt during the term of the loan or at a rate of not less 
than five per cent per annum after the first year, in which 
case loans shall not exceed sixty-six and two-thirds per cent 
of the value of the mortgaged property ; (b) all insurable build- 
ings considered a part of the value of the mortgaged real 
estate shall be insured for the benefit of the mortgagee; (c) 
any mortgages taken in connection with the sale of real estate 
by any such company may be on terms as determined by the 
directors of the company or authorized committee thereof; 
(d) the value of mortgaged real estate may be determined by 
an appraisal made under oath of two freeholders resident in 
the county or city in which such real estate is located; (e) 
no such company shall invest in or loan upon the security of 



252 



Chapter 189 



[1939 



any one property more than two per cent of its total admitted 
assets. 

III. In loans insured by the federal housing adminis- 
trator. 

IV. In such other bonds, obligations and securities as 
are a legal investment for New Hampshire savings banks at 
the time of such investment. 

V. In loans upon the pledge of stock, bonds or other 
obligations where the current value of such stock, bonds or 
obligations is at least twenty per cent more than the amount 
loaned thereon. 

VI. In loans upon its own policies to an amount not ex- 
ceeding the reserve against the policy at the time such loan 
is made thereon. 

2. Application to Investments Now Held. The provisions 
of the preceding section shall not render illegal any invest- 
ments heretofore made by any such company. 

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

[Approved June 15, 1939.] 



CHAPTER 189. 



AN ACT RELATIVE TO THE REGISTRATION OF HIGHV^AY BUILDING 

EQUIPMENT VEHICLES AND EQUIPMENT MOUNTED 

ON TRUCKS. 



Section Section 

1. Motor vehicles; definition. 5. Highway building equipment. 

2. Stationary tracks. 6. Registration not required. 

3. Definition of trailer. 7. Takes effect. 

4. Registration fees. 

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

1. Motor Vehicles; Definition. Amend paragraph II, sec- 
tion 1, chapter 99, Public Laws, by inserting before the word 
"tracks" the word, stationary, so that said paragraph as 
amended shall read as follows: II. "Vehicle" any mechani- 
cal device suitable for use on highways, except those propelled 
or drawn by human power or those used exclusively upon 
stationary tracks. 



1939] Chapter 189 253 

2. Stationary Tracks. Amend paragraph IX, section 1, 
chapter 99, PubHc Laws, by inserting before the word "tracks" 
in the second line the word, stationary, so that said paragraph 
as amended shall read as follows: IX. "Motor vehicle" any 
self-propelled vehicle not operated exclusively upon stationary 
tracts, except tractors. 

3. Definition. Amend paragraph XIII, section 1, chap- 
ter 99, Public Laws, by inserting before the word "tracks" the 
word, stationary, so that said paragraph as amended shall read 
as follows: XIII. "Trailer" any vehicle without motive 
power designed for carrying property or passengers wholly on 
its own structure and for being drawn by a self-propelled 
vehicle, except those running exclusively on snow or on 
stationary tracks and vehicles used exclusively for agricul- 
tural purposes. 

4. Registration Fees. Amend paragraph III of section 1, 
chapter 102, Public Laws, as amended by chapter 94, Laws of 
1927, chapter 45, Laws of 1935, chapter 48 and section 5, 
chapter 132, Laws of 1939, and by section 1 of an act entitled 
"An Act relative to the registration fees for motor vehicle 
tractors and tractors used for agricultural purposes only" 
approved at the 1939 session, by striking out the same and in- 
serting in place thereof the following: III. For each motor 
vehicle or tractor, including trailers and semi-trailers equipped 
with pneumatic tires, except motor cycles and motor cycle 
sidecars, and except as provided in paragraph Ill-a, the follow- 
ing rates based on the gross weight of the vehicle and load: 
All vehicles and load not exceeding four thousand pounds, 
thirty-five cents per hundred pounds ; exceeding four thousand 
and not exceeding six thousand pounds, forty-five cents per 
hundred pounds; exceeding six thousand pounds and not ex- 
ceeding eight thousand pounds, fifty cents per hundred 
pounds ; exceeding eight thousand pounds, sixty cents per hun- 
dred pounds. For all vehicles equipped with hard rubber 
tires the sum of twenty cents per hundred pounds shall be 
added to the above rates. For all vehicles equipped with iron, 
steel or other hard tires the sum of forty cents per hundred 
pounds shall be added to the above rates; provided that the 
minimum fee as provided herein shall be ten dollars for pas- 
senger vehicles and fifteen dollars for trucks. Equipment 
mounted on trucks of which the equipment is an integral part 



254 Chapter 189 [1939 

of the unit shall be registered at one third of the above rates. 
Cement mixers, saw rigs and air compressors towed by motor 
vehicles shall pay one tenth of the above rates except when 
towed exclusively within the limits of a single city or town, in 
which case no fees for registration shall be collected. In the 
registration of any tractor to be used in combination with a 
semi-trailer, the gross weight shall include the weight of such 
tractor, the weight of the heaviest semi-trailer to be used 
therewith, and the weight of the maximum load to be carried 
thereby, and separate registration certificates and plates shall 
be provided for the tractor and the semi-trailer. For the 
registration of each additional or extra semi-trailer the fee 
shall be twenty-five dollars. 

5. Highway Building Equipment. Amend section 1, chap- 
ter 99, Public Laws, by inserting after paragraph XXVII the 
following new paragraph: XXVIII. "Highway building equip- 
ment" shall include all bulldozers, rollers, scrapers, graders, 
spreaders, pavers, bituminous mixers, retreading machines, 
compressors, power shovels, excavators, wagons, concrete 
mixers, bucket loaders, snow loaders, rooters, scarifiers and 
tractors, while being used in connection with the building, re- 
pair or maintenance of highways or while being transported 
or moved over the highways under a permit from the board or 
officer having charge of such highway, or, in the case of a 
state highway or highway determined by the state highway 
department to be a through route, from the state highway 
commissioner, and such permit may limit the time within 
which it shall be in force and the highways which may be used 
and may contain any provisions or conditions necessary for 
the protection of such highways from injury. Road oilers, 
bituminous distributors and heavy duty platform trailers and 
semi-trailers are expressly excepted from this definition. 

6. Registration Not Required. Amend chapter 100 of the 
Public Laws by inserting after section 5, as amended by sec- 
tion 1, chapter 132, Laws of 1939, the following new section: 
5-a. Highway Building Equipment. A resident owner of 
highway building equipment, as defined in paragraph XXVIII 
of section 1 of chapter 99 of the Public Laws, or a non-resident 
owner of such highway building equipment who has a bona 
fide actual residence in a state granting like privileges to resi- 
dents of this state, in order to operate said equipment as pro- 



1939] 



Chapter 190 



255 



vided in said paragraph shall not be required to register such 
equipment in this state. 

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

[Approved June 15, 1939.] 



CHAPTER 190. 



AN ACT RELATIVE TO THE OPERATION OF MOTOR VEHICLES OF 
NON-RESIDENTS ON THE HIGHWAYS OF THIS STATE. 



Section 


Section 


1. Definition of non-resident. 


5. Neutral zone privilege. 


2. Twenty day privilege for com- 


6. Trucks and combinations 


mercial vehicles. 


motor vehicles. 


3. Operation of pleasure vehicles 


7. Repeal. 


without registration. 


8. Registration fees. 


4. Non-resident operator. 


9. Takes effect. 



of 



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

1. Definitions. Amend paragraph XVII of section 1, 
chapter 99, Public Laws, by striking out the word "three" and 
inserting in place thereof the word, six, so that said paragraph 
as amended shall read as follows: XVII. "Non-resident" a 
person who has no regular place of abode or business in this 
state for a period of more than six months continuously in the 
calendar year. 

2. Commercial Vehicles. Amend section 22 of chapter 100 
of the Public Laws, as amended by chapter 122, Laws of 1933, 
by striking out said section and inserting in place thereof the 
following: 22. Twenty Day Privilege. A motor vehicle 
used for carrying passengers or property for a profit or for 
hire, except a motor truck, tractor, trailer or semi-trailer, or 
any combination of truck and semi-trailer or any com- 
bination of tractor and semi-trailer of a registered carrying 
capacity of more than three tons, owned by a non-resident 
who has complied with the laws of his state, district or 
country, relating to registration and licensing of motor 
vehicles, may be operated upon the ways of this state for a 
period of not exceeding twenty days in any one calendar year, 
without registration, except where a person owns, operates or 
causes to be operated more than one motor truck of a regis- 



256 Chapter 190 [1939 

tered carrying capacity of three tons or less or commercial 
vehicle or both he shall not be entitled to more than twenty 
days in the calendar year for all such vehicles; provided that 
said state, district or country grants like privileges to resi- 
dents of this state. 

3. Pleasure Vehicles. Amend chapter 100 of the Public 
Laws by striking out section 26 and inserting in place thereof 
the following: 26. Operation Without Registration. A 
motor vehicle, trailer or semi-trailer, owned by a non-resident, 
which vehicle is used solely for pleasure and is not used for 
carrying passengers or property for profit or for hire, and 
which has been duly registered for the current year in the 
state, district or country of which the owner is a resident and 
in accordance with the laws thereof, may be operated upon the 
ways of this state without registration. 

4. Operator. Amend chapter 100 of the Public Laws by 
striking out section 27 and inserting in place thereof the 
following: 27. License Not Required. No owner of a 
pleasure vehicle, as defined in section 26, and no non-resident 
chauffeur or driver of such vehicle who is the holder of a 
license to operate such vehicle in the state, district or country 
in which he resides shall be required to obtain a license to 
operate such vehicle within this state. 

5. Neutral Zone Registration. Amend section 28 of chap- 
ter 100 of the Public Laws, as amended by section 2, chapter 
122, Laws of 1933, and by chapter 109, Laws of 1935, by strik- 
ing out said section and inserting in place thereof the follow- 
ing: 28. Neutral Zone Privilege. A non-resident owner of 
a motor vehicle, tractor, trailer, or semi-trailer, of which the 
gross weight of load and vehicle does not exceed the limit 
imposed by the laws of this state, who has complied with the 
laws of his state relating to registration and licensing of motor 
vehicles, tractor, trailer, or semi-trailer, and who has a bona 
fide actual residence in a state granting like privileges to resi- 
dents of this state, which residence is located within fifteen 
miles by highway of the border line of this state, may operate 
such vehicle upon any ways of this state distant not more than 
fifteen miles from the border line of his state if application 
for the registration thereof is made in accordance with the 
provisions of section 1 and the proper fee is paid and the 
vehicle is registered by the commissioner. 



1939] Chapter 190 257 

6. Trucks and Combinations of Motor Vehicles. Amend 
section 29-a, chapter 100, Public Laws, as inserted by sec- 
tion 3, chapter 122, Laws of 1933, and as amended by section 
2, chapter 109, Laws of 1935, by striking out said section and 
inserting in place thereof the following: 29-a. Registration, 
Special Permit. No motor truck, tractor, trailer or semi-trailer, 
nor any combination of truck and semi-trailer nor any com- 
bination of tractor and semi-trailer, of a registered carrying 
capacity of more than three tons owned by a non-resident 
shall be operated on the highways of this state, except under 
the neutral zone privilege, until it has been registered under 
the laws of this state in the same manner as is required of like 
vehicles owned and registered in this state; provided that a 
non-resident owner may apply to the commissioner for a 
special permit, to operate such vehicle or such combination of 
vehicles upon the highways of this state which permit, if 
granted, shall cover operation of such vehicle or such com- 
bination of vehicles for a period not to exceed five days from 
the date of issue or for periods of five separate days during 
one calendar year. A special permit granted under the pro- 
visions hereof shall not be transferable nor shall it be extended 
beyond the five day period. Any such special permit issued 
by the commissioner shall be in the possession of the operator 
of such vehicle or such combination of vehicles at all times 
when such vehicle or such combination of vehicles is operated 
on the highways of this state. Nothing in this section shall 
affect such vehicle or combination of vehicles owned by any 
public utility company doing business in this state when en- 
gaged in emergency repair work, provided that such vehicle 
or such combination of vehicles and the drivers thereof shall 
be properly registered and licensed in this or some other state. 

7. Repeal. Section 5 of chapter 101 of the Public Laws, 
relative to limited registration of motor vehicles of non- 
residents, and chapter 42 of the Laws of 1929, relative to 
registration of non-resident motor vehicles, are hereby re- 
pealed. 

8. Registration Fees. Amend paragraph VI of section 1 
of chapter 102 of the Public Laws, as amended by section 6, 
chapter 113, Laws of 1937, by striking out said paragraph and 
mserting in place thereof the following: VL For every 
motor vehicle, tractor, trailer or semi-trailer, during the period 



258 Chapter 191 [1939 

beginning December first and ending March thirty-first in 
any year, one half of the foregoing fees. 

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

[Approved June 15, 1939.] 



CHAPTER 191. 



AN ACT RELATING TO THE ACQUISITION OF CERTAIN LAND IN THE 
TOWN OF MOULTONBOROUGH. 

Section I Section 

1. Acquisition authorized. | 3. Appropriation. 

2. Supervision of use. | 4. Takes effect. 

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

1. Acquisition Authorized. For the purpose of providing 
a public park for bathing facilities and a recreational area on 
Long Island in the town of Moultonborough, the governor and 
council are hereby authorized and empowered to acquire for 
the state by proceedings under the provisions of sections 18 
to 28 inclusive of chapter 19 of the Public Laws, as amended 
by chapter 180 of the Laws of 1937, the northerly end of said 
Long Island to include the whole of the point. 

2. Supervision of Use. The real estate hereby authorized 
to be acquired shall be under the supervision of, and the use 
thereof shall be governed by such rules and regulations as 
shall be established by, the state forestry and recreation com- 
mission. 

3. Appropriation. The sum of not exceeding one thousand 
dollars be and hereby is appropriated for the purposes of this 
act, provided that no payment shall be made to the town of 
Moultonborough for any interest said town may have in the 
real estate to be acquired hereby. The governor is hereby 
authorized to draw his warrant for the sum hereby appro- 
priated out of any money in the treasury not otherwise 
appropriated. 

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

[Approved June 15, 1939.] 



1939] Chapter 192 259 

CHAPTER 192. 

AN ACT RELATING TO OLIVERIAN BROOK IN BENTON AND WARREN 

AND THREE POND BROOK IN RUMNEY, AND THE USE OF 

ARTIFICIAL FLIES FOR TAKING FISH IN CERTAIN 

WATERS. 



Section 

1. Oliverian brook. 

2. Three pond brook. 



Section 

3. Fly fishing only in certain 

waters. 

4. Takes effect. 



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

1. Oliverian Brook. Amend paragraph VI of section 30 of 
chapter 201 of the PubHc Laws, as inserted by chapter 169, 
Laws of 1939, by striking out said paragraph and inserting in 
place thereof the following: VI. All tributaries of Peabody 
river in Green's Grant except the West Branch and Nineteen- 
mile brook. 

2. Three Pond Brook. Amend paragraph IX of section 30 
of chapter 201 of the Public Laws, as inserted by chapter 169, 
Laws of 1939, by striking out said paragraph and inserting 
in place thereof the following : IX. 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 their tributaries above the Parker 
House, Twitchell brook, flowing east into the Androscoggin 
river, West Branch watershed of the Ammonoosuc river, 
tributaries of Kilkenney, including the West Branch. 

3. Fly Fishing Only in Certain Waters. Amend chapter 
201 of the Public Laws, as inserted by chapter 169, Laws of 
1939, by inserting after section 6 the following new section: 
6-a. Restriction. In all waters named in sections 5 and 6 
hereof, where brook trout may be taken by artificial flies only, 
no fish of any kind may be taken except by the use of artificial 
flies during the open season therefor. 

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

[Approved June 16, 1939.] 



260 



Chapter 193 



[1939 



CHAPTER 193. 

AN ACT RELATING TO FISHING IN FERRIN POND IN WEARE. 



Section 

1. Ferrin pond in Weare. 

2. Ice fishing. 



Section 

3. Pickerel, open season. 

4. Takes effect. 



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

1. Ferrin Pond in Weare. Amend paragraph I of section 3 
of chapter 201 of the Pubhc Laws, as inserted by chapter 169, 
Laws of 1939, by striking out the words "Ferrin pond in 
Weare" so that said paragraph as amended shall read as 
follows : I. Back lake in Pittsburg, Gustin pond in Marlow, 
Halls ponds in Sandwich, Ledge pond in Madison, Little 
Diamond pond in Stewartstown, Lily pond in Gilford. 

2. Ice Fishing. Amend paragraph I of section 29 of chap- 
ter 201 of the Public Laws, as inserted by chapter 169, Laws 
of 1939, by striking out the words "Ferrin pond in Weare" so 
that said paragraph as amended shall read as follows: L 
Arlington Mills reservoir. Big Dan Hole pond in Ossipee and 
Tuftonboro, Dimond or Tom pond in Warner, Elbow pond in 
Woodstock, Gorham pond in Dunbarton, Forest lake in Win- 
chester. 

3. Pickerel, Open Season. Amend section 23 of chapter 
201 of the Public Laws, as inserted by chapter 169, Laws of 
1939, by inserting after paragraph VII the following new para- 
graph: VIII. Pickerel of any size and in any quantity may 
be taken and possessed from June first to January sixteenth 
in Ferrin pond in Weare. 

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

[Approved June 16, 1939.] 



1939] 



Chapters 194, 195 



261 



CHAPTER 194. 

AN ACT RELATING TO CONSERVATION OFFICERS OF THE FISH AND 
GAME DEPARTMENT. 



Section 
1. Repeal. 



Section 
2. Takes effect. 



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

1. Repeal. Section 50 of chapter 201 of the Public Laws 
as inserted by chapter 169 of the Laws of 1939, relative to 
conservation officers of the fish and game department while 
on lobster patrol work, is hereby repealed. 

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

[Approved June 16, 1939.] 



CHAPTER 195. 

AN ACT RELATING TO WORKMEN'S COMPENSATION. 



Section 

5. Application of provisions. 

6. Compensation increased. 

7. Constitutionality. 

8. Repeal ; takes effect. 



Section 

1. Application of act. 

2. Amount of compensation for 

death. 

3. Compensation for incapacity. 

4. Permanent partial disability. 

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

1. Application of Act. Amend section 1 of chapter 178 of 
the Public Laws, as amended by section 1, chapter 159, Laws 
of 1937, by striking out the following words, being the last 
paragraph in said section: "This chapter shall apply to work- 
men engaged in any of the foregoing employments within this 
state irrespective of the place where the contract of hiring 
was made, renewed or extended, and shall not apply to work- 
men outside of the state," 

2. Amount of Compensation for Death. Amend para- 
graph I of section 19 of said chapter 178, as amended by sec- 
tion 1, chapter 131, Laws of 1931, by striking out said 
paragraph and inserting in place thereof the following: L 
Dependents. If the workman leaves any widow, children or 



262 Chapter 195 [1939 

parents, at the time of his death, then wholly dependent in 
fact on his earnings, a sum to compensate them for loss, equal 
to one hundred and fifty times the average weekly earnings 
of such workman when at work on full time during the pre- 
ceding year during which he shall have been in the employ of 
the same employer, or, if he shall have been in the employ- 
ment of the same employer for less than a year, then one hun- 
dred and fifty times his average weekly earnings on full time 
for such less periods; but in no event shall such sum exceed 
five thousand four hundred dollars. Any weekly payments 
made under this subdivision shall be deducted from the sum 
so fixed. 

3. Compensation. Amend section 21 of said chapter 178, 
as amended by chapter 153, Laws of 1933, by striking out the 
word "seven" and inserting in place thereof the word, eight, 
so that said section as amended shall read as follows: 21. 
For Incapacity. Where total or partial incapacity for work 
at any gainful employment for not less than one week results 
to the workman from the injury, a weekly payment shall be 
made, computed from the time of the injury and continuing 
during such incapacity, subject as herein provided, not ex- 
ceeding fifty per cent of his average weekly earnings as com- 
puted under section 19, I, provided that compensation as pro- 
vided for in this section shall not, in any case, be less than 
eight dollars per week. 

4. Limitations. Amend said chapter 178 by inserting 
after section 21 as hereinbefore amended the following new 
section: 21-a. Permanent Partial Disability. In case of dis- 
ability partial in character but permanent in quality, compen- 
sation computed as provided in section 21 shall be paid to the 
employee as follows: 

I. Arm lost, one hundred seventy weeks' compensation, 
plus for actual healing period not in excess of thirty-two 
weeks' compensation. 

II. Hand lost, one hundred forty weeks' compensation, 
plus for actual healing period not in excess of thirty-two 
weeks' compensation. 

III. Thumb lost, forty weeks' compensation, plus for 
actual healing period not in excess of twenty-four weeks' com- 
pensation. 



1939] Chapter 195 263 

IV. Index finger lost, twenty-five weeks' compensation, 
plus for actual healing period not in excess of eighteen weeks' 
compensation. 

V. Middle finger lost, twenty weeks' compensation, plus 
for actual healing period not in excess of twelve weeks' com- 
pensation. 

VI. Ring finger lost, fifteen weeks' compensation, plus 
for actual healing period not in excess of eight weeks' com- 
pensation. 

VII. Little finger lost, ten weeks' compensation, plus for 
actual healing period not in excess of eight weeks' compen- 
sation. 

VIII. Leg lost, one hundred seventy weeks' compen- 
sation, plus for actual healing period not in excess of forty 
weeks' compensation. 

IX. Foot lost, one hundred twenty weeks' compensation, 
plus for actual healing time not in excess of thirty-two weeks' 
compensation. 

X. Great toe lost, twenty weeks' compensation, plus for 
actual healing period not in excess of twelve weeks' compensa- 
tion. 

XI. Toe other than great toe lost, eight weeks' compen- 
sation, plus for actual healing period not in excess of eight 
weeks' compensation. 

XII. Eye lost, one hundred weeks' compensation, plus 
for actual healing period not in excess of twenty weeks' com- 
pensation. 

XIII. Both eyes lost, three hundred weeks' compensa- 
tion. 

XIV. Loss of hearing in one ear, forty-two weeks' com- 
pensation. 

XV. Loss of hearing in both ears, one hundred seventy 
weeks' compensation. 

XVI. Compensation for the loss of more than one 
phalange of a digit shall be the same as for the loss of an en- 
tire digit. Compensation for the loss of the first phalange 
shall be one half of the compensation for the loss of the entire 
digit. 

XVII. Compensation for an arm or leg if amputated at 
or above the elbow or at or above the knee, shall be the same 
as for the loss of the arm or leg, but if amputated between the 



264 Chapter 195 [1939 

elbow and the wrist, or the knee and the ankle shall be the 
same as for loss of hand or foot. 

XVIII. Compensation for loss of eighty per cent or more 
of the vision of an eye shall be the same as for the loss of an 
eye. 

XVIX. Compensation for loss of two or more digits or 
one or more phalanges of two or more digits of a hand or foot, 
may be proportioned to the loss of use of the hand or foot 
occasioned thereby, but shall not exceed the compensation for 
loss of a hand or foot. 

XX. Compensation for permanent total loss of use of a 
member shall be the same as for the loss of the member. 

5. Application of Provisions. Amend said chapter 178 by 
inserting after section 21-a, as hereinbefore inserted, the 
following new section: 21-b. Computation. The compensa- 
tion paid under the provisions of section 21-a shall be in lieu 
of any and all compensation due under any other provisions 
of this subdivision, except that if the total compensation to 
which the employee is entitled under the provisions of this 
subdivision, exclusive of said section 21-a, exceeds the com- 
pensation provided under said section 21-a said employee shall 
be entitled to such compensation in lieu of the compensation 
due under section 21-a. 

6. Compensation Increased. Amend section 24 of said 
chapter 178, as amended by section 1, chapter 135, Laws of 
1937, by striking out the word "seventeen" and inserting in 
place thereof the word, eighteen, so that said section as 
amended shall read as follows: 24. Limit of Compensation. 
In no event shall any compensation paid under this sub- 
division exceed the damage suffered, nor shall any weekly pay- 
ment in any event exceed eighteen dollars 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 continues 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. 

7. Constitutionality. If any portion of this chapter is held 
unconstitutional or invalid, such holding shall not affect the 
validity of the chapter as a whole, or any part thereof which 
can be given effect without the part so held to be unconstitu- 
tional or invalid. 



1939] 



Chapter 196 



265 



8. Repeal; Takes Effect. All acts or parts of acts incon- 
sistent with this act are hereby repealed and this act shall 
take effect July 1, 1939 ; provided that this act shall not affect 
the compensation for injuries resulting from accidents happen- 
ing prior to July 1, 1939. 

[Approved June 16, 1939.] 



CHAPTER 196. 

AN ACT TO MAKE UNIFORM THE LAW WITH REFERENCE TO TRUST 

RECEIPTS AND PLEDGES OF PERSONAL PROPERTY 

UNACCOMPANIED BY POSSESSION IN THE 

PLEDGEE. 



Section 

1. Definitions. 

2. Trust receipt transaction and 

trust receipt. 

3. Attempted creation or continu- 

ance of pledge without de- 
livery or retention of posses- 
sion. 

4. Contract to give trust receipt. 

5. Validity between the parties. 

6. Repossession and cntruster's 

rights on default. 

7. General effect of entruster's 

filing or taking possession. 

8. Validity against creditors. 

9. Limitations on entruster's pro- 

tection against purchasers. 
10. Entruster's right to proceeds. 



Section 
11. Liens 



12. 
13. 



14. 

15. 

16. 
17. 
18. 
19. 
20. 
21. 



in course of business 
good against entruster. 

Entruster not responsible on 
sale by trustee. 

Filing and refiling concerning 

trust receipt transactions 

_ covering documents or goods. 

Limitations on extent of obliga- 
tion secured. 

Act not applicable to certain 
transactions. 

Election among filing statutes. 

Cases not provided for. 

Uniformity of interpretation. 

Constitutionality. 

Title. 

Takes effect. 



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

1. Definitions. In this act, unless the context or subject 
matter otherwise requires: 

I. "Buyer in the ordinary course of trade" means a per- 
son to whom goods are sold and delivered for new value 
and who acts in good faith and without actual knowledge of 
any limitation on the trustee's liberty of sale, including one 
who takes by conditional sale or under a pre-existing mer- 
cantile contract with the trustee to buy the goods delivered, or 
like goods, for cash or on credit. "Buyer in the ordinary 
course of trade" does not include a pledgee, a mortgagee, a 
lienor, or a transferee in bulk. 

II. "Document" means any document of title to goods. 



266 Chapter 196 [1939 

III. "Entruster" means the person who has or directly 
or by agent takes a security interest in goods, documents or 
instruments under a trust receipt transaction, and any suc- 
cessor in interest of such person. A person in the business of 
selling goods or instruments for profit, who at the outset of 
the transaction has as against the buyer, general property in 
such goods or instruments, and who sells the same to the 
buyer on credit, retaining title or other security interest un- 
der a purchase money mortgage or conditional sales contract 
or otherwise, is excluded. 

IV. "Goods" means any chattels personal other than: 
money, things in action, or things so affixed to land as to be- 
come a part thereof. 

V. "Instrument" means 

(a) any negotiable instrument as defined in chapter 
312 of the Public Laws, or 

(b) any certificate of stock, or bond or debenture for 
the payment of money issued by a public or private corpora- 
tion as part of a series, or 

(c) any interim, deposit, or participation certificate or 
receipt, or other credit or investment instrument of a sort 
marketed in the ordinary course of business or finance, of 
which the trustee, after the trust receipt transaction, appears 
by virtue of possession and the face of the instrument to be the 
owner. "Instrument" does not include any document of title 
to goods. 

VI. "Lien creditor" means any creditor who has acquired 
a specific lien on the goods, documents or instruments by 
attachment, levy, or by any other similar operation of law or 
judicial process, including a distraining landlord. 

VII. "New value" includes new advances or loans made, 
or new obligation incurred, or the release or surrender of a 
valid and existing security interest, or the release of a claim 
to proceeds under section 10; but "new value" shall not be 
construed to include extensions or renewals of existing obliga- 
tions of the trustee, nor obligations substituted for such ex- 
isting obligations. 

VIII. "Person" means, as the case may be, an individual, 
trustee, receiver or other fiduciary, partnership, corporation, 
business trust, or other association, and two or more persons 
having a joint or common interest. 



1939] Chapter 196 267 

IX. "Possession" as used in this act with reference to 
possession taken or retained by the entruster, means actual 
possession of goods, documents or instruments, or, in the case 
of goods, such constructive possession as, by means of tags or 
signs or other outward marks placed and remaining in con- 
spicuous places, may reasonably be expected in fact to in- 
dicate to the third party in question that the entruster has 
control over or interest in the goods. 

X. "Purchase" means taking by sale, conditional sale, 
lease, mortgage, or pledge, legal or equitable. 

XI. "Purchaser" means any person taking by purchase. 
A pledgee, mortgagee or other claimant of a security interest 
created by contract is, so far as concerns his specific security, 
a purchaser and not a creditor. 

XII. "Security interest" means a property interest in 
goods, documents or instruments, limited in extent to securing 
performance of some obligation of the trustee or of some third 
person to the entruster, and includes the interest of a pledgee, 
and title, whether or not expressed to be absolute, whenever 
such title is in substance taken or retained for security only. 

XIII. "Transferee in bulk" means a mortgagee or a 
pledgee or a buyer of the trustee's business substantially as a 
whole. 

XIV. "Trustee" means the person having or taking 
possession of goods, documents or instruments under a trust 
receipt transaction, and any successor in interest of such per- 
son. The use of the word "trustee" herein shall not be in- 
terpreted or construed to imply the existence of a trust or any 
right or duty of a trustee in the sense of equity jurisprudence 
other than as provided by this act. 

XV. "Value" means any consideration sufficient to 
support a simple contract. An antecedent or pre-existing 
claim, whether for money or not, and whether against the 
transferor or against another person, constitutes value where 
goods, documents or instruments are taken either in satis- 
faction thereof or as security therefor. 

2. Trust Receipt Transaction and Trust Receipt. 

I. A trust receipt transaction within the meaning of this 
act is any transaction to which an entruster and a trustee are 
parties, for one of the purposes set forth in paragraph III 
whereby 



268 Chapter 196 [1939 

(a) the entruster or any third person delivers to the 
trustee goods, documents or instruments in which the en- 
truster (i) prior to the transaction has, or for new value (ii) 
by the transaction acquires or (iii) as the result thereof is to 
acquire promptly, a security interest; or 

(b) the entruster gives new value in reliance upon the 
transfer by the trustee to such entruster of a security interest 
in instruments which are actually exhibited to such entruster, 
or to his agent in that behalf, at a place of business of either 
entruster or agent, but possession of which is retained by the 
trustee ; provided that the delivery under paragraph (a) or the 
giving of new value under paragraph (b) either (i) be against 
the signing and delivery by the trustee of a writing desig- 
nating the goods, documents or instruments concerned, and 
reciting that a security interest therein remains in or will re- 
main in, or has passed to or will pass to, the entruster, or (ii) 
be pursuant to a prior or concurrent written and signed agree- 
ment of the trustee to give such a writing. The security in- 
terest of the entruster may be derived from the trustee or 
from any other person, and by pledge or by transfer of title 
or otherwise. If the trustee's rights in the goods, documents 
or instruments are subject to a prior trust receipt transaction, 
or to a prior equitable pledge, section 9 and section 3, re- 
spectively, of this act, determine the priorities. 

II. A writing such as described in paragraph I (i), 
signed by the trustee, and given in or pursuant to such a 
transaction, is designated in this act as a "trust receipt." No 
further formality of execution or authentication shall be 
necessary to the validity of a trust receipt. 

III. A transaction shall not be deemed a trust receipt 
transaction unless the possession of the trustee thereunder is 
for a purpose substantially equivalent to any one of the follow- 
ing: 

(a) in the case of goods, documents or instruments, for 
the purpose of selling or exchanging them, or of procuring 
their sale or exchange; or 

(b) in the case of goods or documents, for the purpose 
of manufacturing or processing the goods delivered or covered 
by the documents, with the purpose of ultimate sale, or for the 
purpose of loading, unloading, storing, shipping, transshipping 



1939] Chapter 196 269 

or otherwise dealing with them in a manner preliminary to or 
necessary to their sale; or 

(c) in the case of instruments, for the purpose of de- 
livering- them to a principal, under whom the trustee is hold- 
ing them, or for consummation of some transaction involving 
delivery to a depositary or registrar, or for their presenta- 
tion, collection, or renewal. 

3. Attempted Creation or Continuance of Pledge Without 
Delivery or Retention of Possession. 

I. An attempted pledge or agreement to pledge not 
accompanied by delivery of possession, which does not fulfill 
the requirements of a trust receipt transaction, shall be valid 
as against creditors of the pledgor only as follows : 

(a) To the extent that new value is given by the 
pledgee in reliance thereon, such pledge or agreement to pledge 
shall be valid as against all creditors with or without notice, 
for ten days from the time the new value is given ; 

(b) to the extent that the value given by the pledgee is 
not new value, and in the case of new value after the lapse of 
ten days from the giving thereof, the pledge shall have 
validity as against lien creditors without notice, who become 
such as prescribed in section 8, only as of the time the pledgee 
takes possession, and without relation back. 

II. Purchasers (including entrusters) for value and 
without notice of the pledgee's interest shall take free of any 
such pledge or agreement to pledge unless, prior to the pur- 
chase, it has been perfected by possession taken. 

III. Where, under circumstances not constituting a trust 
receipt transaction, a person, for a temporary and limited pur- 
pose, delivers goods, documents, or instruments, in which he 
holds a pledgee's or other security interest, to the person hold- 
ing the beneficial interest therein, the transaction has like 
effect with a purported pledge for new value under this 
section. 

4. Contract to Give Trust Receipt. A contract to give a 
trust receipt, if in writing and signed by the trustee, shall, 
with reference to goods, documents or instruments thereafter 
delivered by the entruster to the trustee in reliance on such 
contract, be equivalent in all respects to a trust receipt. Such 
a contract shall as to such goods, documents, or instruments 
be specifically enforceable against the trustee ; but this section 



270 Chapter 196 [1939 

shall not enlarge the scope of the entruster's rights against 
creditors of the trustee as limited by this act. 

5. Validity Between the Parties. Between the entruster 
and the trustee the terms of the trust receipt shall, save as 
otherwise provided by this act, be valid and enforceable. But 
no provision for forfeiture of the trustee's interest shall be 
valid except as provided in paragraph V of section 6. 

6. Repossession, and Entruster's Rights on Default. 

I. The entruster shall be entitled as against the trustee 
to possession of the goods, documents or instruments on de- 
fault, and as may be otherwise specified in the trust receipt. 

II. An entruster entitled to possession under the terms 
of the trust receipt or of paragraph I may take such posses- 
sion without legal process, whenever that is possible without 
breach of the peace. 

III. (a) After possession taken, the entruster shall, 
subject to subdivision (b) and paragraph V hold such goods, 
documents or instruments with the rights and duties of a 
pledgee. 

(b) An entruster in possession may, on or after de- 
fault, give notice to the trustee of intention to sell, and may, 
not less than five days after the serving or sending of such 
notice, sell the goods, documents or instruments for the 
trustee's account, at public or private sale, and may at a public 
sale himself become a purchaser. The proceeds of any such 
sale, whether public or private, shall be applied (i) to the pay- 
ment of the expenses thereof, (ii) to the payment of the ex- 
penses of retaking, keeping and storing the goods, documents, 
or instruments, (iii) to the satisfaction of the trustee's in- 
debtedness. The trustee shall receive any surplus and shall 
be liable to the entruster for any deficiency. Notice of sale 
shall be deemed sufficiently given if in writing, and either (i) 
personally served on the trustee, or (ii) sent by postpaid 
ordinary mail to the trustee's last known business address. 

(c) A purchaser in good faith and for value from an 
entruster in possession takes free of the trustee's interest, 
even in a case in which the entruster is liable to the trustee 
for conversion. 

IV. Surrender of the trustee's interest to the entruster 
shall be valid, on any terms upon which the trustee and the 
entruster may, after default, agree. 



1939] Chapter 196 271 

V. As to articles manufactured by style or model, the 
terms of the trust receipt may provide for forfeiture of the 
trustee's interest, at the election of the entruster, in the event 
of the trustee's default, against cancellation of the trustee's 
default, against cancellation of the trustee's then remaining 
indebtedness ; provided that in the case of the original maturi- 
ty of such an indebtedness there must be cancelled not less 
than eighty per cent of the purchase price to the trustee, or 
of the original indebtedness, whichever is greater; or, in the 
case of a first renewal, not less than seventy per cent, or, in 
the case of a second or further renewal, not less than sixty per 
cent. 

7. General Effect of Entruster's Filing or Taking Posses- 
sion. 

I. (a) If the entruster within the period of thirty days 
specified in paragraph I of section 8 files as in this act pro- 
vided, such filing shall be eff"ective to preserve his security in- 
terest in documents or goods against all persons, save as other- 
wise provided by sections 8, 9, 10, 11, 14 and 15 of this act. 

(b) Filing after the lapse of the said period shall be 
vahd; but in such event, save as provided in subdivision II, 
(b) of section 9, the entruster's security interest shall be 
deemed to be created by the trustee as of the time of such 
filing, without relation back, as against all persons not having 
notice of such interest. 

II. The taking of possession by the entruster shall, so 
long as such possession is retained, have the eff'ect of filing, 
in the case of goods or documents; and of notice of the 
entruster's security interest to all persons, in the case of 
instruments. 

8. Validity Against Creditors. 

I. The entruster's security interest in goods, documents 
or instruments under the written terms of a trust receipt 
transaction, shall without any filing be valid as against all 
creditors of the trustee, with or without notice, for thirty days 
after delivery of the goods, documents or instruments to the 
trustee, and thereafter except as in this act otherwise pro- 
vided. But where the trustee at the time of the trust receipt 
transaction has and retains instruments, the thirty days shall 
be reckoned from the time such instruments are actually 
shown to the entruster, or from the time that the entruster 
gives new value under the transaction, whichever is prior. 



272 Chapter 196 [1939 

II. Save as provided in paragraph I, the entruster's 
security interest shall be void as against lien creditors who 
become such after such thirty day period and without notice 
of such interest and before filing. 

(a) Where a creditor secures the issuance of process 
which within a reasonable time after such issuance results in 
attachment of or levy on the goods, he is deemed to have 
become a lien creditor as of the date of the issuance of the 
process. 

(b) Unless prior to the acquisition of notice by all 
creditors filing has occurred or possession has been taken by 
the entruster, (i) an assignee for the benefit of creditors, from 
the time of assignment, or (ii) a receiver in equity from the 
time of his appointment, or (iii) a trustee in bankruptcy or 
judicial insolvency proceedings from the time of filing of the 
petition in bankruptcy or judicial insolvency by or against the 
trustee, shall, on behalf of all creditors, stand in the position 
of a lien creditor without notice, without reference to whether 
he personally has or has not, in fact, notice of the entruster's 
interest. 

9. Limitations on Entruster's Protection Against Pur- 
chasers. 

I. (a) Nothing in this act shall limit the rights of 
purchasers in good faith and for value from the trustee of 
negotiable instruments or negotiable documents, and pur- 
chasers taking from the trustee for value, in good faith, and 
by transfer in the customary manner instruments in such 
form as are by common practice purchased and sold as if 
negotiable, shall hold such instruments free of the entruster's 
interest; and filing under this act shall not be deemed to 
constitute notice of the entruster's interest to purchasers in 
good faith and for value of such documents or instruments, 
other than transferees in bulk. 

(b) The entrusting (directly, by agent, or through the 
intervention of a third person) of goods, documents or 
instruments by an entruster to a trustee, under a trust receipt 
transaction or a transaction falling within section 3 of this 
act, shall be equivalent to the like entrusting of any documents 
or instruments which the trustee may procure in substitution, 
or which represent the same goods or instruments or the 
proceeds thereof, and which the trustee negotiates to a 
purchaser in good faith and for value. 



1939] Chapter 196 273 

II. Where a purchaser from the trustee is not protected 
under paragraph I hereof the following rules shall govern: 

(a) (i) Where the trustee, under the trust receipt 
transaction, has liberty of sale and sells to a buyer in the 
ordinary course of trade, whether before or after the expira- 
tion of the thirty day period specified in paragraph I of section 
8 of this act, and whether or not filing has taken place, such 
buyer takes free of the entruster's security interest in the 
goods so sold, and no filing shall constitute notice of the 
entruster's security interest to such a buyer, (ii) No 
limitation placed by the entruster on the liberty of sale 
granted to the trustee shall affect a buyer in the ordinary 
course of trade, unless the limitation is actually known to 
the latter. 

(b) In the absence of filing, the entruster's security 
interest in goods shall be valid, as against purchasers, save 
as provided in this section; but any purchaser, not a buyer in 
the ordinary course of trade, who, in good faith and without 
notice of the entruster's security interest and before filing, 
either (i) gives new value before the expiration of the thirty 
day period specified in paragraph I of section 8, or (ii) gives 
value after said period, and who in either event before filing 
also obtains delivery of goods from a trustee shall hold the 
subject matter of his purchase free of the entruster's security 
interest; but a transferee in bulk can take only under (ii) of 
this subdivision (b). 

(c) If the entruster consents to the placing of goods 
subject to a trust receipt transaction in the trustee's stock in 
trade or in his sales or exhibition rooms, or allows such goods 
to be so placed or kept, such consent or allowance shall have 
like effect as granting the trustee liberty of sale. 

III. As to all cases covered by this section the purchase 
of good^, documents or instruments on credit shall constitute 
a purchase for new value, but the entruster shall be entitled 
to any debt owing to the trustee and any security therefor, 
by reason of such purchase; except that the entruster's right 
shall be subject to any set-off or defence valid against the 
trustee and accruing before the purchaser has actual notice of 
the entruster's interest. 

10. Entruster's Right to Proceeds. Where, under the 
terms of the trust receipt transaction, the trustee has no 
liberty of sale or other disposition, or, having liberty of sale 



274 Chapter 196 [1939 

or other disposition, is to account to the entruster for the 
proceeds of any disposition of the goods, documents or 
instruments, the entruster shall be entitled, to the extent to 
which and as against all classes of persons as to whom his 
security interest was valid at the time of disposition by the 
trustee, as follows: 

(a) to the debts described in paragraph III, section 9 
and also 

(b) to any proceeds or the value of any proceeds, 
whether such proceeds are identifiable or not, of the goods, 
documents or instruments, if said proceeds were received by 
the trustee within ten days prior to either application for 
appointment of a receiver of the trustee, or the filing of a 
petition in bankruptcy or judicial insolvency proceedings by 
or against the trustee, or demand made by the entruster for 
prompt accounting; and to a priority to the amount of such 
proceeds or value ; and also 

(c) to any other proceeds of the goods, documents or 
instruments which are identifiable, unless the provision for 
accounting has been waived by the entruster by words or 
conduct; and knowledge by the entruster of the existence of 
proceeds, without demand for accounting made within ten 
days from such knowledge, shall be deemed such a waiver. 

11. Liens in Course of Business Good Against Entruster. 
Specific liens arising out of contractual acts of the trustee 
with reference to the processing, warehousing, shipping or 
otherwise dealing with specific goods in the usual course of 
the trustee's business preparatory to their sale shall attach 
against the interest of the entruster in said goods as well as 
against the interest of the trustee, whether or not filing has 
occurred under this act ; but this section shall not obligate the 
entruster personally for any debt secured by such lien; nor 
shall it be construed to include the lien of a landlord. 

12. Entruster Not Responsible on Sale by Trustee. An 
entruster holding a security interest shall not, merely by 
virtue of such interest or of his having given the trustee 
liberty of sale or other disposition, be responsible as principal 
or as vendor under any sale or contract to sell made by the 
trustee. 

13. Filing and Refiling Concerning Trust Receipt Trans- 
actions Covering Documents or Goods. 



1939] Chapter 196 275 

I. Any entruster undertaking or contemplating trust 
receipt transactions with reference to documents of goods is 
entitled to file with the secretary of state, a statement, signed 
by the entruster and the trustee containing: 

(a) a designation of the entruster and the trustee, and 
of the chief place of business of each within this state, if any ; 
and if the entruster has no place of business within the state, 
a designation of his chief place of business outside the state; 
and 

(b) a statement that the entruster is engaged, or 
expects to be engaged, in financing under trust receipt trans- 
actions the acquisition of goods by the trustee ; and 

(c) a description of the kind or kinds of goods covered 
or to be covered by such financing. 

II. The following form of statement (or any other form 
of statement containing substantially the same information) 
shall suffice for the purposes of this act : 

"Statement of Trust Receipt Financing 

"The entruster, whose chief place of business 

within this state is at , (or who has no 

place of business within this state and whose chief place of 

business outside this state is at ,) is or 

expects to be engaged in financing under trust receipt trans- 
actions the acquisition by the trustee, 

whose chief place of business within this state is at 

of goods of the following description : 

(Signed) Entruster 

(Signed) Trustee." 

III. It shall be the duty of the secretary of state to 
mark each statement filed with a consecutive file number, 
and with the date and hour of filing, and to keep such state- 
ment in a separate file; and to note and index the filing in a 
suitable index, indexed according to the name of the trustee 
and containing a notation of the trustee's chief place of 
business as given in the statement. The fee for such filing 
shall be one dollar. 

IV. Presentation for filing of the statement described in 
paragraph I, and payment of the filing fee, shall constitute 
filing under this act, in favor of the entruster, as to any docu- 
ments or goods falling within the description in the statement 
which are within one year from the date of such filing, or have 
been, within thirty days previous to such filing, the subject- 



276 Chapter 196 [1939 

matter of a trust receipt transaction between the entruster 
and the trustee. 

V. At any time before expiration of the vahdity of the 
filing, as specified in paragraph IV, a lilce statement, or an 
affidavit by the entruster alone, setting out the information 
required by paragraph I, may be filed in like manner as the 
original filing. Any filing of such further statement or 
afl^davit shall be valid in like manner and for like period as 
an original filing, and shall also continue the rank .of the 
entruster's existing security interest as against all junior 
interests. It shall be the duty of the secretary of state to 
mark, file and index the further statement or affidavit in like 
manner as the original. 

14. Limitations on Extent of Obligation Secured. As 
against purchasers and creditors, the entruster's security in- 
terest may extend to any obligation for which the goods, docu- 
ments or instruments were security before the trust receipt 
transaction, and to any new value given or agreed to be given 
as a part of such transaction; but not, otherwise, to secure 
past indebtedness of the trustee; nor shall the obligation 
secured under any trust receipt transaction extend to obliga- 
tions of the trustee to be subsequently created. 

15. Act Not Applicable to Certain Transactions. This act 
shall not apply to single transactions of legal or equitable 
pledge, not constituting a course of business, whether such 
transactions be unaccompanied by delivery of possession, or 
involve constructive delivery, or delivery and redelivery, actual 
or constructive, so far as such transactions involve only an 
entruster who is an individual natural person, and a trustee 
entrusted as a fiduciary with handling investments or finances 
of the entruster ; nor shall it apply to transactions of bailment 
or consignment in which the title of the bailor or consignor is 
not retained to secure an indebtedness to him of the bailee or 
consignee. 

16. Election Among Filing Statutes. As to any transaction 
falling within the provisions both of this act and of any other 
act requiring filing or recording the entruster shall not be 
required to comply with both, but by complying with the 
provisions of either at his election may have the protection 
given by the act complied with; except that buyers in the 
ordinary course of trade as described in paragraph II of 
section 9, and lienors as described in section 11, shall be 



1939] Chapter 197 277 

protected as therein provided, although the comphance of the 
entruster be with the fihng or recording requirements of 
another act. 

17. Cases Not Provided For. In any case not provided for 
in this act the rules of law and equity, including the law 
merchant, shall continue to apply to trust receipt transactions 
and purported pledge transactions not accompanied by 
delivery of possession, 

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

19. Constitutionality. If any provision of this act or the 
application 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 provision or application, and to this end the provisions 
of this act are declared to be severable. 

20. Title. This act may be cited as the Uniform Trust 
Receipts Act. 

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

[Approved June 16, 1939.] 



CHAPTER 197. 



AN ACT RELATIVE TO EXAMINATIONS FOR THE PRACTICE OF 

OPTOMETRY. 

Section I Section 

1. The practice of optometry. | 2. Takes effect. 

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

1. The Practice of Optometry. Amend section 8 of chapter 
207 of the Public Laws by inserting after the word "person" 
in the first line the words, who is a citizen of the United States 
or a Canadian province in which like privileges are granted to 
citizens of the United States, or who has declared his intention 
of becoming a citizen of the United States and has taken out 
his first papers therefor, so that said section as amended shall 
read as follows: 8. Examinations. Any person, who is a 
citizen of the United States or a Canadian province in which 



278 Chapter 198 [1939 

like privileges are granted to citizens of the United States, or 
who has declared his intention of becoming a citizen of the 
United States and has taken out his first papers therefor, may 
appear before said board at any of its regular meetings and be 
examined with reference to his knowledge and skill in 
optometry. 

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

[Approved June 16, 1939.] 



CHAPTER 198. 

AN ACT RELATING TO THE DEPARTMENT OF STATE POLICE. 

Section I Section 

1. Rewards paid to treasury. [ 2. Takes effect. 

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

1. Rewards Paid to Treasury. Amend section 11 of 
chapter 134 of the Laws of 1937 by striking out the entire 
section and inserting in place thereof the following: 11. 
Rewards Paid to Treasury. Any fee for the performance of 
an act in line of duty or reward for the apprehension or the 
conviction of any person, or for the recovery of any property, 
received by or payable to any employee, shall be paid by him 
to the commissioner of motor vehicles who shall immediately 
forward the same to the state treasurer. All fines and costs 
assessed against any violator of law apprehended or prose- 
cuted by a police employee, except such as may be assessed 
against persons committing or attempting to commit a felony, 
shall be sent, by the court collecting the same from such law 
violator, to the commissioner of motor vehicles within five 
days from their payment, and by him immediately paid into 
the state treasury. The commissioner of motor vehicles shall 
forward to the superintendent such information as he may 
direct relative to said fees, fines and costs. 

2. Takes Effect. This act shall take effect July 1, 1939. 
[Approved June 16, 1939.] 



1939] Chapters 199, 200 279 

CHAPTER 199. 

AN ACT RELATIVE TO THE INSPECTION OF MOTOR VEHICLES. 

Section I Section 

1. Inspection of motor vehicles. | 2. Takes effect. 

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

1. Motor Vehicle Equipment. Amend section 6-a of 
chapter 100 of the Public Laws, as inserted by section 1, 
chapter 80, Laws of 1931, by striking out said section and 
inserting- in place thereof the following: 6-a. Inspection 
Authorized. The commissioner of motor vehicles may require 
the inspection of any motor vehicle or trailer to determine 
whether or not it is unsafe or improperly equipped or other- 
wise unfit to be operated. Such inspection shall be made at 
such times and in such manner as the commissioner may 
specify, provided that during the time after the close of the 
regular inspection period special regulations shall be made by 
the commissioner to permit newly registered vehicles and 
vehicles the ownership of which have been transferred to be 
operated upon the highways for a period of five days before 
inspection. The commissioner may authorize properly quali- 
fied persons to make inspections, without expense to the state, 
at stations designated by him, and may at any time revoke 
such authorization or designation. 

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

[Approved June 16, 1939.] 



CHAPTER 200. 

AN ACT RELATIVE TO TRUCKS USED FOR TIMBER SALVAGE. 



Section 

1. Extension of time. 

2. Laws suspended. 



Section 
3. Takes effect. 



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

1. Extension of Time. Any motor vehicle truck, owned by 
a resident or non-resident, which has been registered under 
the provisions of chapter 1 of the Laws of 1939, under a 



280 Chapter 201 • [1939 

special certificate, may, upon payment of the fee hereinafter 
provided, be operated as provided in said chapter 1 on the 
highways of this state for the further period from July 1, 
1939, to December 1, 1939. The fee for such extended special 
registration shall be one third of the amount which would 
otherwise be required for one year's registration. The motor 
vehicle commissioner is hereby authorized to issue such evi- 
dence of such extended registration as he may determine to 
carry out the purposes of this act. 

2. Laws Suspended. The provisions of chapters 100 and 
102 of the Public Laws relative to the registration of trucks 
by residents and non-residents inconsistent with the provi- 
sions hereof are hereby suspended in so far as they affect the 
registration of motor trucks engaged in hauling logs or log- 
ging equipment. This suspension shall be in effect until 
December 1, 1939, and during the time of such suspension the 
provisions hereby suspended shall be inoperative and of no 
effect in so far as they affect such trucks. 

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

[Approved June 16, 1939.] 



CHAPTER 201. 

AN ACT RELATING TO THE GENERAL FUNDS OF THE STATE. 

Section I Section 

1. Appropriation. [ 2. Takes effect. 

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

1. Appropriation. A sum not exceeding one million six 
hundred and twenty-five thousand dollars for the fiscal year 
ending June 30, 1940, and a sum not exceeding one million 
eight hundred and twenty-five thousand dollars for the fiscal 
year ending June 30, 1941, are hereby appropriated for the use 
of the state for general purposes and such sums shall be a 
charge upon the special fund constituted by chapter 126, Laws 
of 1931, as amended. The state treasurer, at such times and 
in such amounts as the governor and council may determine, 
within the limits hereinbefore provided, may transfer such 
sums from said special fund to the general funds of the state. 



1939] Chapter 202 281 

2. Takes Effect. This act shall take effect July 1, 1939. 
[Approved June 16, 1939.] 



CHAPTER 202. 



AN ACT PERMITTING TRUSTEE PROCESS TO BE SERVED ON THE 

STATE IN PERSONAL ACTIONS AGAINST STATE 

OFFICIALS OR EMPLOYEES. 



Section 

1. Trustee process ; state officials 
or employees. 



Section 
2. Takes effect. 



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

1. Trustee Process; State Officials or Employees. The 

salary or wages of any state official or employee for services 
rendered or labor performed for the state before the service 
of a writ shall be subject to trustee process in accordance with 
the provisions of chapter 356 of the Public Laws, as amended. 
The trustee writ shall be served upon the state treasurer who 
shall be chargeable as any other trustee, providing, however, 
that if the writ is duly entered in court the treasurer shall 
discharge himself by paying to the clerk of that court such 
portion of said salary or wages as is due or payable at the 
time of service of said writ on the treasurer; and provided 
further that the state treasurer shall not be chargeable unless 
the writ shall be served upon him before the check for such 
salary or wages has left his custody. 

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

[Approved June 16, 1939.] 



282 



Chapter 203 



[1939 



CHAPTER 203. 

AN ACT RELATING TO THE NEW HAMPSHIRE WATER RESOURCES 

BOARD. 



Section 

1. Project reports, procedure. 

2. Real estate, authority to acquire. 



Section 

3. Public facilities, relocation. 

4. Takes effect. 



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

1. Project Reports, Procedure. Amend section 6, chapter 
121 of the Laws of 1935, as amended by section 3, chapter 118 
of the Laws of 1937 by striking out the whole thereof and by 
substituting therefor the following: 6. Project Reports; 
Hearing and Order. Said New Hampshire water resources 
board, before commencing any project, shall submit to the 
governor and council a report, including a detailed description 
and plan of the project, a detailed estimate of the total cost 
thereof and of the revenues to be derived therefrom. The 
governor and council, upon receiving such report, shall deter- 
mine whether the proposed project will be of public use and 
benefit and within the authority conferred upon said corpora- 
tion by this act. They shall cause a hearing to be held there- 
on and, if it shall appear that the project would be of public 
use and benefit and within the authority conferred upon said 
corporation, they may, by written order, direct said corpora- 
tion 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. 

2. Real Estate, Authority to Acquire. Amend section 8, 
chapter 121, Laws of 1935, as amended by section 6, chapter 
118, Laws of 1937, by striking out the whole thereof and by 
substituting therefor the following: 8. Acquisition of 
Property. For the purposes of any project within its author- 
ity under the provisions of this act, said corporation may 
acquire such land, easements, flowage rights and interests or 
rights in lands of any nature whatsoever, hereinafter referred 
to as real estate, as may be needed by purchase, lease or 
otherwise and upon such terms and conditions, including price, 
as the corporation may deem reasonable. Whenever any real 
estate, including such as may be held for public use, of any 
county, city, town, school district, village district or other 
political subdivision is required for the purposes of any such 



1939] Chapter 203 283 

project the commissioners for such county, the mayor and city 
council or other governing body for such city, the selectmen 
for such town, the school board for such district, and the 
commissioners or other governing body for such village 
district or political subdivision may grant and convey or sur- 
render such real estate for such compensation and upon such 
terms and conditions as may be agreed upon by such official 
representatives and the corporation. The said corporation 
shall also have the right to acquire by eminent domain any 
real estate necessary for the purposes of any such project in 
the manner hereinafter provided : 

I. Said corporation shall apply by petition to the 
superior court for the county in which such real estate is 
located, to acquire such real estate for and in the name of the 
state and to have assessed the damages occasioned by the 
taking. There shall be filed with such petition a plan or loca- 
tion of the real estate to be acquired and there shall be set 
forth in the petition the names and residences so far as known 
to said corporation of all persons having or claiming to have 
any right, title or interest in or to such real estate. Where 
such real estate is located in more than one county the petition 
may be filed in either county. 

II. The superior court shall order notice of any such 
petition to be given in such manner as justice may require. 
The procedure shall in general be in accordance with the 
practice in equity. The preliminary questions, if any, and the 
issues relating to the rights, titles and interests of the parties 
shall be heard and determined before the assessment of 
damages. To assess the damages occasioned by the taking the 
superior court, unless the parties elect a trial by jury, may 
appoint three suitable persons as commissioners, who shall, 
after hearing the parties assess the damages and make report 
of the assessment to the superior court. If either party shall 
so elect, the damages shall be assessed by jury. Upon pay- 
ment or tender of the amount of the judgment rendered in 
any such petition the title to the real estate to be acquired 
thereby shall vest in the state and suitable order or decree 
may be entered confirming title. 

III. In trying any question of damages, the appraisal for 
taxation of such real estate, and in cases where less than the 
whole tract or interest is sought to be acquired, the appraisal 
for taxation of the entire tract or interest, by the selectmen 



284 Chapter 203 [1939 

or tax assessors for the tax year in which such appHcation 
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. 

IV. 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. 

V. Said corporation at any time after filing such petition 
may enter upon and take possession of the real estate to be 
acquired thereby 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 the application 
of either party. 

For purposes of surveying and other investigation, said 
corporation shall be entitled to enter upon any real estate, 
doing no unnecessary damage, and the owner thereof may, if 
the parties are unable to agree, recover any damages sustained 
by him by reason of any preliminary 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 except as otherwise herein provided. 
Forthwith upon the acquisition by the corporation in the name 
of the state, through purchase, condemnation, or otherwise, 
of any real estate, the same shall, without further action, and 
by virtue of this act, be and become dedicated to the use and 
purposes of the corporation. 

3. Public Facilities, Relocation. Amend section 9 of 
chapter 121, Laws of 1935, by striking out the whole thereof 
and by substituting therefor the following: 9. Changing 
Locations. Whenever it shall become necessary for the pur- 
poses of any project within the authority of said corporation 
under this act to flow water upon or otherwise prevent the 
use of any highway, bridge, electric transmission, or distri- 
bution line, telephone or telegraph line, or other property or 
facilities in public use, if the board shall find that the accom- 
modation or convenience of the public requires a change in 
the grade of such highway or bridge, or the relocation of such 
highway, bridge, electric transmission or distribution line, 
telephone or telegraph line, or other property or facilities in 



1939] Chapter 203 285 

public use, and if it shall be unable to agree with the person, 
corporation, town or other municipality having such highway, 
bridge, electric transmission or distribution line, telephone or 
telegraph line, or other property or facilities for such change 
in grade or for such relocation, said corporation may apply by 
petition to the superior court in the county where such high- 
way, bridge, electric transmission or distribution line, tele- 
phone or telegraph line, or other property or facilities, or any 
part thereof, is located for authority to change the grade of 
such highway or bridge, or for the relocation of such highway, 
bridge, electric transmission or distribution line, telephone or 
telegraph line, or other property or facilities, and for deter- 
mination of the damages, if any, which may be occasioned to 
any person, corporation, town or other municipality by reason 
of such change or relocation. The superior court upon the 
fihng of such petition shall order notice thereof to be given in 
such manner as may seem fit and such proceedings shall be 
had thereon as justice may require. For the purpose of re- 
locating any such highway, bridge, electric transmission or 
distribution line, telephone or telegraph line, or other property 
or facilities, the superior court may appoint three suitable 
persons as commissioners, who shall, after hearing the parties, 
make such relocation and file a return of their proceedings in 
the superior court. Said corporation in accordance with the 
terms of the final decree, including the payment or tender of 
such damages as may be awarded, shall be entitled to proceed 
with such change in grade or such relocation. Said corpora- 
tion may acquire such lands, easements and other rights and 
interests in land as may be necessary for the relocation of any 
highway, bridge, electric transmission or distribution line, 
telephone or telegraph line, or other property or facilities in 
public use in the manner provided in section 8 hereof, but the 
title thereto shall be taken in the name of the person, corpora- 
tion, town or other municipality for whose benefit said real 
estate is acquired. 

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

[Approved June 16, 1989.] 



286 Chapter 204 [1939 

CHAPTER 204. 

AN ACT TO PROVIDE FOR REIMBURSEMENT ON ACCOUNT OF LOSS 

TO TOWNS AND CITIES FOR LOSS IN TAX VALUATION 

INCIDENTAL TO FLOOD CONTROL PROJECTS. 



Section 

1. Reimbursement of cities and 

towns authorized. 

2. Equalization. 



Section 

3. Limitation. 

4. Takes effect. 



Be it enacted by the Senate and House of Representatives in 
General Co2irt convened : 

1. Reimbursement to Cities and Towns Authorized. On 

or before the first day of October of each year, the state 
treasurer shall pay to each town and city in which any land 
or interest therein is acquired by the United States, with the 
consent of the state, for use in connection with the construc- 
tion, maintenance and operation of flood control projects 
named in section 1 of an act entitled "An Act consenting to 
the acquisition of land by the United States for flood control 
and navigation purposes," approved May 31, 1939, a sum equal 
to the taxes which would have been assessed against said lands 
or interest therein 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 1939, 
for a period of three years next ensuing the year said lands 
or interest therein becomes exempt from taxation, less any 
amount paid or due that town for that year by or from the 
United States or any agency thereof because of loss of tax- 
able valuation, the amount of said payment to be determined 
by the tax commission and certified by it to the state treasurer 
on or before the fifteenth day of September of each year for 
which such reimbursement is to be made hereunder; and the 
governor is hereby authorized to draw his warrant for the 
payment thereof out of any money in the treasury not other- 
wise appropriated. Provided, however, that no payments 
shall be made or required hereunder on account of reimburse- 
ment 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 as a result of such acquisition 
and which thereafter is included in the list of taxable property 
in said town when relocated. 



1939] Chapter 205 287 

2. Equalization. The valuation upon which the reimburse- 
ment provided by section 1 hereof is based shall be included 
in computing town and county taxes and equalization of school 
and highway costs for the period during which such reim- 
bursement is made. 

3. Limitation. The amount of state funds to be expended 
under this act shall not exceed the sum of thirty thousand 
dollars for any one tax year. In the event that said amount 
is insufficient to cover the purposes of this act then the towns 
entitled to benefits hereunder shall be reimbursed proportion- 
ately from said sum of thirty thousand dollars. 

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

[Approved June 16, 1939.] 



CHAPTER 205. 

AN ACT RELATING TO SALARY OF THE LABOR COMMISSIONER. 

Section f Section 

1. Salary of labor commissioner. [ 2. Takes effect. 

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

1. Labor Commissioner. Amend section 4 of chapter 174 
of the Public Laws by striking out the word "three" in the 
first line thereof and inserting in place thereof the word, four, 
so that said section as amended shall read as follows: 4. 
Salary; Expenses. The salary of the commissioner shall be 
four thousand dollars a year, and his actual expenses incurred 
in the work of his office shall be paid on duly detailed vouchers 
approved by the governor. 

2. Takes Effect. This act shall take effect July 1, 1939. 
[Approved June 16, 1939.] 



288 



Chapter 206 



[1939 



CHAPTER 206. 

AN ACT ESTABLISHING A COMMISSION FOR THE PURPOSE OF 

STUDYING THE POSSIBILITIES OF PROTECTING INDIVIDUALS 

UNEMPLOYED BECAUSE OF SICKNESS OR ILL HEALTH. 



Section 

1. Commission established. 

2. Powers. 

3. Duties. 

4. Authority to collect data. 



Section 

5. Appointment of personnel. 

6. Quarters. 

7. Appropriation. 

8. Takes effect. 



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

1. Commission Established. There is hereby created the 
commission on disability benefits, hereinafter referred to as 
the commission, consisting of three appointive members and 
the labor commissioner, who shall act as chairman, and the 
administrator of the unemployment compensation division, 
who shall act as secretary, ex-officiis. The appointive mem- 
bers of the commission shall be appointed by the governor 
with the advice and consent of the council for a term of two 
years each or until the report required under section 3 has 
been filed. Vacancies in the commission shall be filled in the 
same manner as original appointments. The members of the 
commission, other than the ex-officio members, shall serve 
without compensation but shall be allowed actual expenses 
incurred in the course of their duties as such commissioners. 

2. Powers. The chairman of the commission, with the 
advice and consent of the commission, may spend such money 
as may be appropriated from time to time to fulfill the duties 
imposed by this act. 

3. Duties. The duties of the commission shall be to com- 
pile a report on the possibility of protecting individuals un- 
employed because of sickness or ill health. This report shall 
be filed in the office of the secretary of state for the use of the 
executive department and for such distribution as the gov- 
ernor may order. 

4. Authority to Collect Data. The commission is hereby 
authorized and empowered to secure such data from depart- 
ments and institutions of the state and local government as 
may be necessary for the purposes herein specified. 

5. Appointment of Personnel. The chairman of the com- 
mission, with the advice and consent of the commission, is 



1939] 



Chapter 207 



289 



hereby authorized to appoint and fix the compensation of such 
assistants as may be necessary to carry out the purposes of 
this act. 

6. Quarters. Such office space and equipment shall be 
made available in the offices of the unemployment compensa- 
tion division as the chairman of this commission shall deem 
necessary. 

7. Appropriation. There is hereby appropriated for the 
purposes of this act the sum of two thousand five hundred 
dollars. The commission shall have no authority or power 
to incur debts or contract any liabilities in the name of the 
state over and above the amount of the appropriation made 
herein. The governor is hereby authorized to draw his 
warrant for the sum herein appropriated out of any money 
in the treasury not otherwise appropriated. 

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

[Approved June 16, 1939.] 



CHAPTER 207. 

AN ACT PROVIDING FOR THE RECONSTRUCTION OF A TOLL BRIDGE 
AT HAMPTON HARBOR. 



Section 


Section 


L Appropriation. 


6. Short-term notes. 


2. Location. 


7. Eminent domain. 


3. Condition; federal assistance. 


8. Tolls. 


4. Bond issue authorized. 


9. Operation and maintenance 


5. Accounts; sale; disposition of 


10. Takes effect. 


proceeds. 





Whereas, the governor with the advice of the council in 
accordance with the provisions of chapter 159 of the Laws of 
1933 acquired for the state a certain toll bridge known as the 
Hampton Harbor Toll bridge on the Ocean Boulevard spanning 
the Hampton river, and 

Whereas, the present bridge is inadequate to satisfactorily 
meet the traffic needs at said location, now therefore 

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

1. Appropriation. A sum not exceeding three hundred 
and fifty thousand dollars ($350,000) is hereby appropriated 



290 Chapter 207 [1939 

for the purpose of rebuilding the Hampton Harbor Toll bridge, 
providing for new approaches thereto and removing the 
present bridge structure to be expended under the direction 
of the governor and council. 

2. Location. The location of the bridge hereby authorized 
shall be determined by the governor and council with special 
reference to public needs, both as to present and future re- 
quirements and said bridge shall conform with the navigation 
requirements of the War Department of the United States so 
that it may reasonably accommodate navigation and highway 
traffic. 

3. Condition; Federal Assistance. The governor and 
council are hereby authorized to co-operate with and enter 
into such agreements with the federal government, or any 
agency thereof, as they may deem advisable to secure federal 
funds for the purposes hereof. The appropriation made by 
section 1 hereof shall only become available when a federal 
grant for the purposes hereof is made by the federal govern- 
ment, or any agency thereof. 

4. Bond Issue Authorized. The state treasurer, under the 
direction of the governor and council, is hereby authorized to 
borrow upon the credit of the state an amount not exceeding 
three hundred and fifty thousand dollars to provide the funds 
herein appropriated and for that purpose may issue bonds at 
such times, in such denominations and with such rates of 
interest, dates of maturity and other provisions as the gover- 
nor and council shall determine. Such bonds shall contain an 
express guarantee, which shall be deemed a contract on the 
part of the state, that tolls will be collected, in accordance 
with the provisions hereof until the date of maturity of said 
bonds or until sufficient money shall have accumulated to pay 
said bond issue and the interest thereon at the dates of 
maturity. The bonds authorized herein shall be signed by 
the state treasurer and countersigned by the governor and 
shall be deemed a pledge of the faith and credit of the state. 

5. Accounts; Sale; Disposition of Proceeds. The secre- 
tary of state shall keep an account of all such bonds counter- 
signed by the governor, showing the number and amount of 
each bond, 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 showing the number there- 
of, the name of the person to whom sold, the amount received 



1939] Chapter 207 291 

for the same, the date of the sale and the date of maturity. 
The treasurer may negotiate and sell such bonds by direction 
of the governor and council in such manner as they may deter- 
mine most advantageous for the state. The proceeds of the 
sale of such bonds 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. 

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

7. Eminent Domain. If the governor and council shall be 
unable to purchase any lands which may be deemed necessary 
for the purposes hereof the procedure for acquiring said lands 
shall be as provided in sections 18 to 28 inclusive of chapter 
19 of the Public Laws as amended. 

8. Tolls. The provisions of section 6 of chapter 159 of the 
Laws of 1933, as amended by chapter 50 of the Laws of 1935, 
relative to tolls shall apply to the collection of tolls upon the 
reconstructed Hampton Harbor Toll bridge. Said tolls shall 
be collected until the date of maturity of the bonds issued 
under the provisions of said chapter 159 and the bonds issued 
under the provisions hereof or until sufficient money shall 
have accumulated to pay said bonds and the interest thereon 
at the dates of maturity. 

9. Operation and Maintenance. From the toll receipts 
provided by sections 6 and 8 of chapter 159 of the Laws of 
1933, as amended by chapter 50 of the Laws of 1935, the 
reconstructed toll bridge at Hampton Harbor and appur- 
tenances, excluding the approaches thereto, upon the comple- 
tion of the reconstruction and opening to traffic, shall be 
operated and maintained until toll collections, as hereinbefore 
provided, shall cease and thereafter the expense of mainte- 
nance and operation shall be a charge upon the highway funds. 
The maintenance of the approaches to said bridge and its 
appurtenances shall be a charge upon the highway funds. 



292 Chapters 208, 209 [1939 

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

[Approved June 16, 1939.] 



CHAPTER 208. 



AN ACT PROVIDING FUNDS FOR IMPROVEMENTS IN THE STATE 

HOUSE. 

Section I Section 

1. Transfer of appropriation. | 2. Takes effect. 

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

1. Transfer of Appropriation. From any unexpended 
balance of the funds provided for the construction and equip- 
ment of the state house annex and the Manchester armory, as 
provided by chapters 172 and 174 of the Laws of 1937, which, 
in the opinion of the governor and council, is not needed for 
the purposes of said acts there may be expended by the gov- 
ernor and council a sum not to exceed forty thousand dollars, 
($40,000) for the remodeling and equipment of offices in the 
state house necessitated because of the reassignment of offices 
for certain departments. 

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

[Approved June 16, 1939.] 



CHAPTER 209. 



AN ACT PROVIDING A DEFICIENCY APPROPRIATION FOR CERTAIN 
STATE DEPARTMENTS. 

Section I Section 

1. Appropriation. | 2. Takes effect. 

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

1. Appropriation. The sum of $165,065.37 is hereby ap- 
propriated to meet deficits in certain state departments and 
for certain items as follows: For constitutional convention 
$26,244.13; for legislative expenses $70,000; for adjutant- 



1939] Chapter 210 293 

general's department for hurricane damage and timber sal- 
vage at Rye Harbor camp site $734.34; for state police 
$15,000; for insurance department $5,600; for state house 
department $2,526; for secretary of state $4,936.75; for 
forestry department — timber salvage $24,244.15; for state 
library waterproofing $2,430; for state treasury audit $850; 
for state sanatorium $5,000; for the purchase by the state of 
a colored motion picture called "The Ninth State" advertising 
New Hampshire's industrial, recreational and agricultural 
resources to be placed in the custody of the state planning and 
development commission for distribution and for reimburse- 
ment of private subscriptions filed with the state comptroller 
$7,500. The governor is authorized to draw his warrant for 
the sums hereby appropriated out of any money in the 
treasury not otherwise appropriated. 

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

[Approved June 16, 1939.] 



CHAPTER 210. 

AN ACT FOR IMPROVEMENTS AT THE STATE PRISON. 



Section 

1. Appropriation. 

2. Federal assistance. 

3. Bonds or notes authorized. 

4. Form ; proceeds of sale. 



Section 

5. Accounts. 

6. Short-term notes. 

7. Takes eflfect. 



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

1. Appropriation. The sum of ninety-five thousand dollars 
($95,000) or so much thereof as may be necessary, is hereby 
appropriated for the construction and equipment of a build- 
ing for additional accommodations at the state prison, said 
building to adjoin the present cell block and to extend to the 
present north wall, and for additional kitchen and dining room 
equipment at the state prison. 

2. Federal Assistance. The governor and council are 
hereby authorized to co-operate with and enter into such 
agreements with the federal government or any agency there- 
of as they may deem advisable to secure federal funds for the 
purposes of this act. In case such federal funds are secured 



294 Chapter 210 [1939 

for the purposes hereof said funds shall not be used in addi- 
tion to the amount appropriated by the state hereunder but 
the total amount of federal and state funds to be expended for 
said.,purposes shall not exceed the sum of ninety-five thousand 
dollars. 

3. Bonds or Notes Authorized. In order to provide the 
funds for the appropriation made by the state hereunder the 
state treasurer is hereby authorized, under the direction of 
the governor and council, to borrow upon the credit of the 
state a sum not exceeding ninety-five thousand dollars and for 
that purpose may issue bonds or notes in the name and on 
behalf of the state. Such bonds or notes shall be deemed a 
pledge of the faith and credit of the state. 

4. Form ; Proceeds of Sale. The governor and council shall 
determine the form of such bonds or notes, their rate of 
interest, using their best efi'orts to secure the lowest rate 
obtainable, the dates when interest shall be paid, the dates of 
maturity, the places where principal and interest shall be paid, 
and the time or times of issue. Such bonds or notes shall be 
signed by the treasurer and countersigned by the governor. 
The treasurer may negotiate and sell such bonds or notes 
under the direction of the governor and council in such 
manner as they may deem to be most advantageous to the 
state. Out of the proceeds of the sale of said bonds or notes 
the governor is authorized to draw his warrants for the sums 
hereinbefore appropriated for the purposes of this act. 

5. Accounts. 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 time when payable, and the date 
of delivery to the treasurer. The treasurer shall keep an 
account of each bond or note, showing the number and amount 
thereof, the name of the person to whom sold, the amount 
received for the same, the date of the sale, and the time when 
payable. 

6. Short-Term Notes. Prior to the issuance of the bonds 
or notes hereunder, the treasurer, under the direction of the 
governor and council, may for the purposes hereof borrow 
money from time to time on short-term notes to be refunded 
by the issuance of the bonds or notes hereunder, provided 
however that at no one time shall the indebtedness of the state 



1939] Chapter 211 295 

on such short-term notes exceed the sum of ninety-five 
thousand dollars. 

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

[Approved June 16, 1939.] 



CHAPTER 211. 



AN ACT PROVIDING FOR A DIVISION OF MUNICIPAL ACCOUNTING 
WITHIN THE STATE TAX COMMISSION. 



Section 

1. Division of municipal account- 

ing; director; petition for 
audits ; reports of audits ; 
expenses. 

2. State tax commission. 



Section 

3. County audits. 

4. Appropriation. 

5. Takes effect. 



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

1. Municipal Accounting Division. Amend chapter 68 of 
the Public Laws, as amended by chapter 165, Laws of 1933, 
by striking out all of said chapter after section 21 and insert- 
ing in place thereof the following new subdivision : 

Division of Municipal Accounting 

22. Division Established; Director. There is hereby 
created within the state tax commission a division of munici- 
pal accounting which shall be under the general supervision 
of the tax commission. The division shall be in the charge of 
an officer to be known as director who shall be appointed by 
the commission, with the approval of the governor and council. 
The salary of said director shall be fixed by the commission, 
with the approval of the governor and council. 

23. Assistants. The commission, with the approval of the 
governor and council, shall appoint such assistants as may be 
necessary for the performance of the duties of the division. 

24. Municipal Accounts to be Uniform. The accounting 
officers of the several counties, cities, towns, school and village 
districts, and departments thereof, within the state, shall keep 
uniform accounts in a manner prescribed by the commission. 

25. Financial Reports of Municipalities. Such accounting 
officers shall on or before March first of each year, return to 



296 Chapter 211 [1939 

the division of municipal accounting financial reports on pre- 
scribed forms showing the summary of receipts and expendi- 
tures, according to the uniform classifications, during their 
last fiscal year and a balance sheet showing assets and liabili- 
ties at the close thereof. Such accounting officers shall also 
furnish at other times such information as the commission 
may require. The information contained in said financial re- 
ports shall be tabulated and included as a part of the annual 
report of the tax commission. 

26. Petition for Audit by Vote of Municipality. Any town, 
school district, village district or precinct, at the annual meet- 
ing or special meeting legally called therefor, may petition the 
commission for an audit of the accounts and said commission, 
as soon as possible after the receipt of such petition, shall 
cause such audit to be made. 

27. County Audit. The county convention of any county 
may petition the commission for an audit of the accounts of 
said county, and said commission as soon as possible after the 
receipt of such petition, shall cause such audit to be made. 

28. Petition by Officers. The commissioners of any 
county, selectmen of any town, school board of any school dis- 
trict and commissioners of any village district or precinct, may 
petition the commission for an audit of the accounts of their 
respective unit of government. If conditions appear to the 
commission to warrant it, it shall, as soon as possible after the 
receipt of such petition, cause such audit to be made. 

29. Audit on Motion of Commission. The commission may 
cause an audit to be made of the accounts of any county, city, 
town, school district, village district or precinct, as often as 
once in two years, or whenever conditions appear to it to 
warrant such audit. 

30. Powers of Director; Examination of Witnesses. For 
the purpose of conducting such audits the commission, the 
director or its duly authorized assistants shall have authority 
to examine any papers, books or other documents pertaining to 
said municipality and shall have power to summon and ex- 
amine under oath any officer or other person relative to the 
affairs and management of such municipality. 

31. Publication of Report of Audit. Upon the comple- 
tion of each audit, as herein provided, a report thereof shall be 
made to the proper local officials, and a copy of such report or 



1939] Chapter 211 297 

a summary of its essential features shall be published in the 
next annual report of the county, city, town, school district, 
village district or precinct concerned. 

32. Expenses. All expenses incurred in carrying out the 
purposes of this subdivision shall be paid in the first instance 
from the appropriation for the commission, but each county, 
city, town, schoql district, village district or precinct shall, 
upon notification by the commission of the amount due, re- 
imburse it for all such expenses, except salaries of members of 
the division incurred in the audit of such municipality. Said 
reimbursement shall be credited to the appropriation for the 
commission. 

2. State Tax Commission. Amend section 10 of said 
chapter 68 by striking out said section and inserting in place 
thereof the following : 10. Assistants. They may, with the 
approval of the governor and council, appoint such assistants 
as may be necessary. 

3. Amendment. Amend said chapter 68 by inserting after 
section 17 the following section: 17-a. County Audits. In 
order that accounting and reporting may be uniform in all the 
counties the tax commission is hereby directed to prescribe 
regulations for the auditing of such county accounts as are 
provided for in section 19, chapter 35 of the Public Laws. The 
county auditors shall carry out said regulations and make re- 
ports to said commission as requested. The county commis- 
sioners, superintendent of the county farm and county treas- 
urer of the several counties shall keep their accounts in the 
form prescribed by the tax commission and the annual report 
of each county shall show said accounts and be published in 
the form prescribed by said commission. 

4. Appropriation. The sum of forty-five hundred dollars 
($4,500) is hereby appropriated for the tax commission for 
each of the fiscal years ending June 30, 1940, and June 30, 
1941, to carry out the provisions of this act. The sums here- 
by appropriated shall be in addition to the sums appropriated 
for municipal accounting in the so-called budget acts making 
appropriations for the state departments for said fiscal years. 

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

[Approved June 16, 1939.] 



298 



Chapter 212 



[1939 



CHAPTER 212. 

AN ACT AUTHORIZING AGRICULTURAL CO-OPERATIVE ASSOCIA- 
TIONS TO GENERATE, TRANSMIT, AND DISTRIBUTE ELECTRIC 
ENERGY AND TO CONDUCT OTHER SERVICES IN 
CONNECTION THEREWITH. 



Section 

1. Associations for rural electrifi- 
cation ; powers ; application 
of laws ; reports ; service ; 
exemption. 



Section 

2. Separability of provisions. 

3. Repeal ; takes effect. 



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

1. Authorization. Amend chapter 224 of the Public Laws, 
as amended by chapter 73, Laws of 1933, by adding after 
section 3 the following new sections : 

3-a. Rural Electrification. An association incorporated 
under the provisions of this section shall have the following 
powers : 

I. To generate, manufacture, purchase, acquire, accumu- 
late and transmit electric energy, and to distribute, sell, supply 
and dispose of electric energy to its members, to governmental 
agencies and political subdivisions, and to other persons not 
in excess of ten per cent (10%) of the number of its members, 
but no person shall become a member unless such person shall 
agree to use electric energy furnished by the co-operative 
when such electric energy shall be available through its 
facilities, and membership shall cease if such person shall fail 
or refuse to use electric energy made available by the co- 
operative or if electric energy shall not be made available by 
the co-operative within a specified time after such person shall 
have become a member; provided, however, that such service 
shall be rendered only to persons residing on premises not 
receiving central station service on the effective date of this 
amendment and to such other persons as the public service 
commission may find upon petition and after notice and hear- 
ing, that it is in the public interest that such association 
should render such service; and provided, further, that the 
provisions of section 7 of chapter 224 of the Publio-Laws as 
amended by section 2 of chapter 73, Laws of 1933, with 
respect to qualifications of members shall not apply to mem- 



1939] Chapter 212 299 

bers of a co-operative association organized under this 
paragraph. 

II. To make loans to persons to whom electric energy is 
or will be supplied by the co-operative for the purpose of, and 
otherwise assist such persons in, wiring their premises and 
installing therein electric and plumbing fixtures, appliances, 
apparatus and equipment of any and all kinds and character, 
and in connection therewith, to purchase, acquire, lease, sell, 
distribute, install and repair such electric and plumbing fix- 
tures, appliances, apparatus, and equipment, and to accept or 
otherwise acquire, and to sell, assign, transfer, endorse, 
pledge, hypothecate and othervdse dispose of notes, bonds and 
other evidences of indebtedness and any and all types of 
security therefor. 

III. To construct, purchase, take, receive, lease as lessee, 
or otherwise acquire, and to own, hold, use, equip, maintain, 
and operate, and to sell, assign, transfer, convey, exchange, 
lease as lessor, mortgage, pledge, or otherwise dispose of or 
encumber, electric transmission and distribution lines or sys- 
tems, electric generating plants, lands, buildings, structures, 
dams, plants and equipment, and any and all kinds and classes 
of real or personal property whatsoever, which shall be 
deemed necessary, convenient or appropriate to accomplish 
the purpose for which the co-operative is organized. 

IV. To purchase or otherwise acquire, and to own, hold, 
use and exercise and to sell, assign, transfer, convey, mort- 
gage, pledge, hypothecate, or otherwise dispose of or encum- 
ber, franchises, rights, privileges, licenses, rights of way and 
easements. 

V. To borrow money and otherwise contract indebted- 
ness, and to issue notes, bonds, and other evidences of indebt- 
edness therefor, and to secure the payment thereof by mort- 
gage, pledge, deed of trust, or any other encumbrance upon 
any or all of its then owned or after-acquired real or personal 
property, assets, franchises, revenues or income, 

VI. To construct, maintain and operate electric trans- 
mission and distribution lines along, upon, under and across 
all public thoroughfares, including without limitation, all 
roads, highways, streets, alleys, bridges and causeways, and 
upon, under and across all publicly owned lands, subject, how- 
ever, to the requirements in respect to the use of such thor- 
oughfares and lands that are imposed by the respective 



300 Chapter 212 [1939 

authorities having jurisdiction thereof upon corporations con- 
structing or operating electric transmission and distribution 
hnes or systems. 

VII. To exercise the power of eminent domain in the 
manner provided in chapter 244 of the PubHc Laws, as amend- 
ed, for the exercise of that power by corporations constructing 
or operating electric transmission and distribution lines or 
systems. 

VIII. To do and perform any and all other acts and 
things, and to have and exercise any and all other powers 
which may be necessary, convenient or appropriate to accom- 
plish the purpose for which the co-operative is organized. 

3-b. Application of Laws. Co-operative associations or- 
ganized under section 3-a shall have all of the powers and 
privileges of co-operatives organized under any other provi- 
sions of this chapter. 

3-c. Reports. Co-operative associations organized under 
section 3-a shall be subject to the provisions of section 7 and 
sections 12 to 18 inclusive of chapter 240 of the Public Laws, 
provided, however, that if any such association shall file 
annually with the public service commission, a certified copy 
of the annual report required to be filed by it with any agency 
or department of the United States of America pursuant to 
any mortgage or deed of trust executed by it, such association 
shall be deemed to have complied fully with all the require- 
ments of this section. 

3-d. Service. Any person, not receiving central station 
service who shall apply for membership in a co-operative asso- 
ciation organized under this paragraph and shall offer to 
comply with all reasonable terms and conditions in connection 
therewith shall be entitled to be admitted to membership 
therein and to be served thereby and, if such application shall 
be denied, such person may petition the public service commis- 
sion which shall have power, if it finds after a hearing that 
such denial was unreasonable, to order such association to 
admit such person to membership and to serve such person 
upon such reasonable terms and conditions as the commission 
shall prescribe. The provisions of chapter 239 of the Public 
Laws shall be applicable to any order granting or denying 
any such petition. 

3-e. Exemption. Except as otherwise provided in sections 
3-a to 3-d, inclusive, co-operative associations organized under 



1939] Chapter 213 301 

section 3-a shall be exempt from the jurisdiction of the public 
service commission of this state. 

2. Separability of Provisions. If any provisions of sections 
3-a to 3-e inclusive, or the application of such provision to any 
person, body, or circumstance shall be held invalid, the 
remainder of said sections, or the application of such provi- 
sion to persons, bodies or circumstances other than those as 
to which it shall have been held invalid, shall not be affected 
thereby. 

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

[Approved June 16, 1939.] 



CHAPTER 213. 

AN ACT RELATING TO THE PRACTICE OF OPTOMETRY. 

Section j Section 

1. Optometry board, rules and 2. Takes effect, 

regulations. | 

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

1. Practice of Optometry. Amend chapter 207 of the 
Public Laws, by adding after section 30, the following section : 
31. Rules and Regulations. Said board may make and pro- 
mulgate necessary rules and regulations governing the pro- 
cedure of the board, the admission of applicants for examina- 
tion for certificates of registration as optometrists, and for 
the enforcement of this chapter and the carrying out of the 
intent and purposes therein expressed. 

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

[Approved June 17, 1939.] 



302 Chapter 214 [1939 

CHAPTER 214. 

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

Section I Section 

1. Commission appointed. 3. Appropriation. 

2. Compensation. | 4. Takes effect. 

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

1. Commission Appointed. The governor, with the advice 
and consent of the council, shall as soon as may be, appoint a 
commission consisting of two persons learned in the law, 
whose duty it shall be to revise, codify and amend the Public 
Laws of this state now in force, including those of the present 
session and the constitutional amendment adopted following 
the last constitutional convention, and arrange the same, as 
far as they deem wise, according to the form and order of the 
Public Laws, and prepare the same for publication before and 
make a report to the next session of the legislature in Janu- 
ary, 1941. In the case of the death or inability of a person to 
serve pursuant to said appointment, the governor, with the 
advice and consent of the council, shall have authority to fill 
such vacancy. 

2. Compensation. The commissioners shall be reimbursed 
for their reasonable expenses, including stenographic service, 
and they shall receive in addition such compensation as the 
governor and council shall determine. The commission is 
authorized to purchase necessary supplies and, with the 
approval of the governor and council, to contract for the print- 
ing and binding of its report. In any contract for the print- 
ing and binding of the report, provision shall be made for the 
preservation of the forms from which the report is printed so 
that the same may be available for the reprint of such 
portions of such report as may be adopted by the legislature. 
In the event the commission is unable to secure satisfactory 
terms for the printing and binding of said report, the same 
shall be submitted for bids. 

3. Appropriation. For carrying out the purposes of this 
act the sum of ten thousand dollars, or so much thereof as 
may be necessary, is hereby appropriated for the fiscal year 
beginning July 1, 1939, and the sum of five thousand dollars, 
or so much thereof as may be necessary, is hereby appropri- 



1939] Chapter 215 303 

ated for the fiscal year beginning July 1, 1940, and any sum 
not expended in the first fiscal year may be added to the appro- 
priation for the succeeding fiscal year. 

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

[Approved June 17, 1939.] 



CHAPTER 215. 

AN ACT RELATING TO THE TAKING OF RACCOON. 



Section 
3. Takes effect. 



Section 

1. Open season for taking rac- 

coon. 

2. Repeal. 

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

1. Open Season; Method of Taking. Amend section 3, 
chapter 200 of the Public Laws, as amended by section 4, 
chapter 124 of the Laws of 1935 and chapter 132 of the Laws 
of 1937 by striking out said section and inserting in place 
thereof the following new section: 3. Raccoons. Raccoons 
may be taken and possessed with the aid of and by the use of 
a dog and gun from October first to December first. No per- 
son shall take more than three raccoons from twelve noon of 
one day to twelve noon of the following day, nor more than 
ten raccoons in one season. No person shall hunt raccoons at 
night by the use of a rifle, revolver or pistol larger than 
twenty-two calibre long rifle or by the use of shotgun shells 
carrying shot larger than number four or by the use of a light 
other than a kerosene lantern exclusive of the pressure type or 
a flashlight with more than seven cells. 

2. Repeal. All acts and parts of acts inconsistent with 
this act are hereby repealed. 

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

[Approved June 17, 1939.] 



304 Chapters 216, 217 [1939 

CHAPTER 216. 

AN ACT TO PROTECT THE GOLDEN AND BALD EAGLE. 



Section 

L Definition. 

2. Golden and bald eagle. 



Section 
3. Takes effect. 



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

1. Definition. Amend the paragraph relative to unpro- 
tected birds in section 1, chapter 197, PubHc Laws, as in- 
serted by section 1, chapter 124, Laws of 1935, by striking out 
said paragraph and inserting in place thereof the following: 
Unprotected Birds: English sparrows, European starlings, 
owls, crows and hawks except the golden and bald eagle and 
except such birds as are protected by the laws of the federal 
government. 

2. Golden and Bald Eagle. Amend chapter 199 of the 
Public Laws, as inserted by section 3, chapter 124, Laws of 
1935, by inserting after section 6 the following new section: 
6-a. Prohibition. No person shall hunt, capture, kill, take, 
possess any golden or bald eagle and no person shall molest 
or disturb the nest or young of any of said birds. Any person 
who violates any of the provisions of this section shall be fined 
not more than fifty dollars. 

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

[Approved June 17, 1939.] 



CHAPTER 217. 



AN ACT RELATING TO SALARIES OF CLERKS OF MUNICIPAL 

COURTS. 



Section 

1. Salary of clerk of municipal 
court of Manchester. 



Section 
2. Takes effect. 



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

1. Clerks of Municipal Courts. Amend section 8, chapter 
323 of the Public Laws by striking out the words "seven hun- 
dred and fifty" and inserting the words, twelve hundred, and 



1939] 



Chapter 218 



505 



by striking out the word "quarterly" and inserting the word, 
monthly, so that said section as amended shall read as 
follows: 8. Salaries. The clerk of the Manchester munici- 
pal court shall receive an annual salary of twelve hundred 
dollars, to be paid by said city in equal monthly payments ; the 
salaries of all other clerks of municipal courts in cities or 
towns of five thousand population or more shall be not less 
than one hundred and fifty dollars, and as much more as the 
city or town in which such court is located may vote to pay. 

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

[Approved June 17, 1939.] 



CHAPTER 218. 

AN ACT PROVIDING FOR IMPROVEMENTS AT RYE HARBOR. 



Section 

1. Appropriation. 

2. Expenditure. 

3. Federal assistance. 

4. Transfer of funds. 



Section 

5. Funds authorized. 

6. Short-term notes. 

7. Acquisition of real estate. 

8. Takes effect. 



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

1. Appropriation. There is hereby appropriated a sum not 
exceeding one hundred thousand dollars for the purpose of 
developing and improvement of Rye Harbor, provided a grant 
is made by the federal government or any agency thereof in 
connection therewith. 

2. Expenditure. Said appropriation shall be expended 
under the direction of the governor and council for the dredg- 
ing and improvement of Rye Harbor. 

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 or as- 
sistance for the purposes of this act. 

4. Transfer of Funds. In addition to the funds appro- 
priated by section 1 hereof any unexpended balance from the 
appropriation authorized by chapter 183 of the Laws of 1937 
for the construction of the Rye Harbor jetties is hereby trans- 
ferred to and made available for the purposes of this act. 



306 Chapter 219 [1939 

Said unexpended balance as herein provided shall be available 
for the purposes hereof even although no grant is made by the 
federal government or any agency thereof. 

5. Funds Authorized. The state treasurer is hereby au- 
thorized to borrow upon the credit of the state an amount not 
exceeding one hundred thousand dollars to provide the funds 
herein appropriated, and for that purpose may issue bonds 
and notes, at such times, in such denominations, and with 
such rates of interest, dates of maturity and other provisions 
as the governor and council shall determine. The proceeds 
from the sale of said bonds and notes shall be held by the 
treasurer and paid out by him upon warrant drawn by the 
governor, with the advice and consent of the council, for the 
purposes herein set forth. 

6. 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 purpose, borrow money 
from time to time on short-term notes, to be refunded by the 
issuance of said bonds or notes. 

7. Acquisition of Real Estate. The governor, with the 
advice and consent of the council, is hereby authorized and 
empowered to acquire for the state, either by purchase or by 
eminent domain proceedings in accordance with sections 18 
to 28 inclusive of chapter 19 of the Public Laws as amended, 
such real estate or interests therein in the vicinity of Rye 
Harbor as is deemed necessary for the carrying out of the 
purposes of this act. 

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

[Approved June 17, 1939.] 



CHAPTER 219. 

AN ACT PROVIDING FOR THE MERGER AND CONSOLIDATION OF 
CORPORATIONS. 

Section I Section 

1. Merger and consolidation of | 2. Takes effect, 
corporations. | 

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

1. Corporations. Amend Public Laws chapter 225 by in- 
serting after section 40 the following new section: 40-a. 



1939] Chapter 219 307 

Merger and Consolidation. I. Any such corporation may by 
vote of the holders of two thirds of each class of stock entitled 
to vote on the subject, present or represented by proxy and 
voting at a meeting duly called for the purpose, merge or con- 
solidate with any other corporation or corporations organized 
for any or all of the purposes authorized by section 2 of this 
chapter, in accordance with the provisions of this section. 

II. Such merger or consolidation shall be accomplished 
by an agreement duly executed by the authorized officers of 
the corporations involved, which agreement shall prescribe 
the terms and conditions of the merger or consolidation and 
the mode of carrying the same into effect, shall include or 
have appended true copies of the authorizing votes of the 
stockholders of the corporations effecting such merger or con- 
solidation, the name of the continuing or resulting corporation, 
its objects or purposes, the location of its principal place of 
business in this state, the names and addresses of its officers 
and directors, a statement that by-laws have been adopted 
according to law, the amount of its presently authorized 
capital stock and the classes thereof, if any, and, in case one 
or more corporations merge into an existing corporation, the 
amount of its outstanding capital stock and the classes there- 
of, if any, the amount of stock presently to be issued and the 
classes thereof, if any, and the consideration therefor, or, in 
case two or more corporations consolidate into a new corpora- 
tion, the amount of stock presently to be issued and the classes 
thereof, if any, and the consideration therefor, said agreement 
shall be authenticated by affidavit, and subscribed and sworn 
to by the treasurer and a majority of the board of directors 
of the corporations effecting such merger or consolidation, 
who shall therein also make oath that the consideration for 
which stock with nominal or par value is to be issued under 
the terms of the agreement is to the best of their knowledge, 
information and belief of actual value in money at least equal 
to the par value of the stock proposed to be issued therefor. 
Said merger or consolidation agreement shall be submitted to 
the attorney-general or assistant attorney-general, who shall 
examine the same and may require such amendment thereof 
or such additional information as he may consider necessary. 
If he finds that such agreement conforms to the provisions of 
this section, he shall so certify and endorse his approval 
thereon. Thereupon, such merger or consolidation agreement 



308 Chapter 219 [1939 

and the endorsement thereon shall, upon payment of the fee 
herein provided for, be recorded in the office of the secretary 
of state, who shall thereupon issue a certificate substantially 
in the form provided by section 15 of this chapter, but altered 
to show the fact of a merger of one or more corporations into 
an existing corporation or the consolidation of two or more 
corporations into a new corporation under the provisions of 
this section, as the case may be, declaring that such merger 
or consolidation has become effective and that the continuing 
or resulting corporation has been duly established in accord- 
ance with the terms of such agreement. The secretary of 
state shall date and sign said certificate and cause the seal of 
the state to be thereunto affixed. 

III. Such certificate shall effectively amend the original 
certificate of incorporation of the corporation continuing 
after such merger or establish the existence of the corpora- 
tion resulting from such consolidation, shall have the force 
and effect of a special charter and shall automatically repeal 
the charters of any or all the corporations organized under 
the laws of New Hampshire which cease business as a result 
of such merger or consolidation, provided, however, that the 
corporations whose charters are so repealed shall continue as 
bodies corporate for the term of three years for the purpose 
of concluding such consolidation or merger and of closing and 
settling their concerns and for no other purpose, but subject 
to the jurisdiction of the superior court to revive such cor- 
porations if justice so requires for special purposes. Such 
certificate shall for all purposes, but subject to existing liens, 
transfer to the continuing or resulting corporation full title 
to all the property, real, personal or mixed, tangible or in- 
tangible, situate in this state, of all of the other corporations 
involved in such merger or consolidation; provided, however, 
that the transfer of any real estate shall not be effective 
against any person except the corporations involved for more 
than sixty days from the date of such certificate, unless and 
until such certificate or a copy thereof certified by the secre- 
tary of state or a proper deed conveying such title shall have 
been recorded in the office of the register of deeds for the 
county or counties in which any of the real estate involved is 
situated. 

IV. The fee for recording the merger or consolidation 
agreement shall be as provided in section 91 of this chapter. 



1939] Chapter 219 309 

except that credit shall be given for all organization fees 
theretofore paid to the state of New Hampshire by the cor- 
porations involved in such merger or consideration and except 
that a fee of five dollars shall be paid in any case. 

V. The corporation continuing after such merger or 
resulting from such consolidation shall upon application of 
either party be substituted as a party plaintiff or defendant 
in all proceedings pending in behalf of or against any of the 
corporations involved in such merger or consolidation, as the 
case may be, and said corporation shall be subject to all the 
liabilities and obligations of each such corporation and all 
rights of creditors of each such corporation and all liens upon 
the property of each of them shall be preserved unimpaired, 
as to the property affected by such liens at the time of such 
consolidation or merger, and all debts, liabilities and obli- 
gations of such corporations and each of them shall thence- 
forth attach to the continuing or resulting corporation and 
may be enforced against it to the same extent as if said debts, 
liabilities or obligations had been incurred or contracted by it. 

VI. Any stockholder present in person or by proxy at a 
meeting called to consider a proposed merger or consolidation 
under the provisions of this section and voting against such 
merger or consolidation, who shall within thirty days after 
any such vote to merge or consolidate make a demand in 
writing upon the corporation for payment to him for his stock 
at its fair value, shall be entitled to the benefits and subject 
to the provisions of sections 55 to 58, inclusive, of this 
chapter. 

VII. Any such corporation may merge or consolidate 
with a similar corporation not organized under the laws of 
the state of New Hampshire by complying with the provisions 
of this section so far as applicable. 

VIII. Nothing in this section shall relieve the corpora- 
tions involved in a merger or consolidation, or the corporation 
continuing after or resulting from a merger or consolidation, 
provided for in this section, from compliance with the provi- 
sions of law relating to the regulation of public utilities, 
regulating the transmission of water generated electric energj'' 
outside the state of New Hampshire or imposing any other 
obligation for the protection of the public welfare which 
applied to the merging or consolidating corporation at the 
time of such merger or consolidation. No merger or consoli- 



310 Chapter 220 [1939 

dation involving a public utility operating in this state shall 
become effective without a finding by the public service com- 
mission that such merger or consolidation is consistent with 
the public good. 

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

[Approved June 17, 1939.] 



CHAPTER 220. 



AN ACT RELATING TO THE CONTROL OF NAVIGATION AT HAMPTON 
HARBOR, THE INLET, SO CALLED, AND HAMPTON RIVER. 

Section j Section 

I. Control of navigation at Hamp- j 2. Takes effect, 
ton harbor ; harbor-master. ] 

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

1. Control of Navigation. Amend chapter 152 of the Pub- 
lic Laws by inserting after section 12 the following new sub- 
division: 

Hampton Harbor, Harbor Inlet and Hampton River 

12-a. Harbor-Master. The New Hampshire shore and 
beach preservation and development commission may annually 
choose a harbor-master whose duty it shall be to oversee 
Hampton Harbor, the inlet thereto and Hampton river, to 
preserve and regulate navigation within said waters, to assign 
moorings, require the same to be kept in safe condition, to re- 
quire the removal of vessels if necessity or an emergency 
arises, and to inquire into and prosecute all offenses under sec- 
tion 12-c hereof. For the purposes hereof said harbor-master 
with the approval of the said commission may make such 
reasonable rules and regulations as he shall deem proper. Said 
harbor-master shall receive for his services such salary as the 
towns abutting on the harbor may determine and pay. 

12-b. Definition. The word "vessel" as used in this sub- 
division shall include boats of all sizes propelled by sail, 
machinery or hand, scows, dredgers, shellfish cars and craft 
of every kind. 

12-c. Penalty. Whoever violates any of the rules and 
regulations of the harbor-master promulgated under the au- 



1939] Chapter 221 311 

thority of section 12-a, or refuses or neglects to obey the law- 
ful and reasonable orders of the harbor-master, or resists him 
in the execution of his duties, shall be fined not more than fifty 
dollars. All fines collected under the provisions of this section 
shall be forwarded by the court collecting the same to the New 
Hampshire shore and beach preservation and development 
commission and by it applied toward the salary of said harbor- 
master. 

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

[Approved June 17, 1939.] 



CHAPTER 221. 

AN ACT RELATIVE TO THE STATE HOSPITAL AND LACONIA STATE 

SCHOOL. 

Section Section 



1. Appropriation. 

2. Bonds or notes authorized. 

3. Accounts. 



4. Short-term notes. 

5. Federal assistance. 

6. Takes effect. 



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

1. Appropriation. For the purpose of additional facilities 
for the state hospital there is hereby appropriated the sum of 
one million dollars for such of the following items as the gov- 
ernor and council may approve: (a) to cover the cost to 
change the electric system from D. C. to A. C. current, includ- 
ing wiring, motors and equipment; (b) power plant equip- 
ment; (c) pump and elevator for the Thayer building; (d) 
new steam main for the Walker building; (e) exhaust heaters 
for the Walker and Tobey buildings; (f) vacuum system for 
the Kent building; (g) laundry equipment; (h) renovation of 
water mains and hydrants; (i) construction and equipment of 
a medical-surgical building or admission building; (j) the 
construction and equipment of one patients dormitory of one 
hundred beds to be located on land of the state hospital; (k) 
and the construction and equipment of one patients dormitory 
of one hundred beds to be located on land of the Laconia State 
School, the site of the latter dormitory to be chosen by the 
trustees of said school with the approval of the governor and 



312 Chapter 221 [1939 

council; said dormitory upon completion shall be under the 
jurisdiction and control of the trustees of said school; feeble- 
minded adults may with the approval of the trustees and 
superintendent of said school be transferred from the state 
hospital by its superintendent to said dormitories and other 
feeble-minded adults may, with the approval of the trustees 
and superintendent of said school, be committed thereto, as 
now by law permitted; (1) purchase of land, to be located not 
more than five miles from the present hospital grounds in 
Concord ; (m) for additions and extensions to the commissary 
department. The appropriation hereby made shall be ex- 
pended by the trustees of the state hospital except the dormi- 
tory at the Laconia State School which shall be by the trustees 
of the state school, in accordance with plans and specifications 
to be approved by the governor and council. 

2. Bonds or Notes Authorized. To provide funds for the 
appropriation made by section 1 hereof the state treasurer is 
hereby authorized, under the direction of the governor and 
council, to borrow upon the credit of the state not exceeding 
the sum of one million dollars and for that purpose may issue 
bonds or notes in the name and on behalf of the state of New 
Hampshire. The governor and council shall determine the 
form of such bonds or notes, their rate of interest, the dates 
when interest shall be paid, the dates of maturity, the places 
where principal and interest shall be paid and the time or 
times of issue. Such bonds or notes 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 
proceeds of the sale of such bonds or 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 herein 
of all sums expended or due for the purposes herein author- 
ized. Such bonds or notes may be negotiated by the treasurer 
by direction of the governor and council as they deem to be 
most advantageous to the state. 

3. Accounts. 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 



1939] Chapter 222 313 

and the date of maturity. The state treasurer shall keep an 
account of each bond or note showing the number thereof, 
the name of the person to whom sold, the amount received for 
the same, the date of the sale and the date of maturity. 

4. Short-Term Notes. Prior to the issuance of the bonds 
or notes hereunder the treasurer, under the direction of the 
governor and council, may for the purposes hereof borrow 
money from time to time on short-term loans to be refunded 
by the issuance of the bonds or notes hereunder, provided 
however that at no one time shall the indebtedness of the state 
on such short-term loans exceed the sum of one million dollars. 

5. 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 hereof. In case such federal funds are made available 
for the purposes hereof said funds shall not be in addition to 
the amount appropriated by the state hereunder but the total 
amount of federal and state funds to be expended for the pur- 
poses hereof shall not exceed the sum of one million dollars. 

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

[Approved June 17, 1989.] 



CHAPTER 222. 



AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF THE 
STATE OF NEW HAMPSHIRE FOB THE YEAE ENDING 

JUNE 30, 1940. 

Section I Section 

1. Appropriation. | 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, 1940, 
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 



314 Chapter 222 [1939 

Council of State Governments $250 

For the executive department: 
Office of governor: 

Salary of governor $5,000 

Salary of governor's secretary . 3,000 

Clerical expenses 6,040 

Current expenses 4,425 

Equipment 200 

Total $18,665 

Council per diem and expenses 6,500 

Contingent fund 5,000 

Emergency fund for protection of interests of 

the state 45,000 



Total executive department $75,165 

For judicial branch: 
Supreme court: 

Salaries of supreme court jus- 
tices $35,000 

Clerical expenses of supreme 

court 4,650 

Current expenses 4,200 

Printing and binding New 

Hampshire reports 3,500 

Examination of law students . . 300 

Total $47,650 

Superior court: 

Salaries of superior court jus- 
tices $42,000 

Current expenses 18,000 

Total 60,000 



1939] Chapter 222 31^ 

Probate court : 

Salaries of probate court jus- 
tices $17,600 

Salaries of registers and depu- 
ties 20,300 

Total 37,900 



Total judicial branch $145,550 

For adjutant-general's department: 
Office of adjutant-general : 

Salary of adjutant-general .... $4,000 

Clerical expenses 3,400 

Current expenses 600 

Total $8,000 

National Guard: 

Salaries $40,000 

Current expenses 12,350 

Total 52,350 

Armories : 

Salaries $12,440 

Current expenses 20,560 

Total 33,000 

Rifle ranges 960 

Officers' uniforms 2,800 



Total adjutant-general's department . . $97,110 

For department of agriculture : 
Office of commissioner : 

Salary of commissioner $3,500 

Salary of deputy commissioner . 2,750 " 

Clerical expenses 4,015 

Current expenses 1,402 

Equipment 100 

Total $11,767 



316 Chapter 222 [1939 

Institutes and public meetings $1,060 

Granite State Dairymen's Association 500 

New Hampshire Horticultural Society 1,000 - 

New Hampshire Sheep Breeders' Association 250 

Nursery inspection 800 

Feeding stuffs inspection 5,000 

Fertilizer inspection 1,864 

Seed inspection 1,050 

Insecticides and fungicides 200 

Apiary law 300 

Insect suppression: 

Salary of deputy commissioner . $1,600 
Salaries of clerks and assistants 8,765 

Current expenses 1,985 

Equipment 150 

Total 12,500 

Dairy inspection: 

Salary of inspector $2,400 

Current expenses 1,100 

Total 3,500 

Licensing milk dealers 500 

Fair exhibits 500 

Bureau of markets : 

Salaries $3,187 

Current expenses 750 

Equipment 25 

Total 3,962 

Crop reporting services 1,000 

Printing and mailing bulletins 5,000 

Labeling services 500 

Apple grading 800 

Egg inspection : 

Salary of inspector $1,650 

Current expenses 1,575 

Equipment 25 

Total 3,250 



1939] CHAPTER 222 317 

Division of animal industry: 

Salary of state veterinarian . . . $3,500 

Clerical expenses 9,646 

Current expenses 3,700 

Veterinarians' services 57,460 

Current expenses 3,000 

Testing fees 15,000 



Total 92,306 



Total department of agriculture $147,609 

For attorney-general's department: 

Salary of attorney-general $4,000 

Salary of assistant attorney- 
general 4,000 

Salary of chief clerk 2,000 ^ 

Salary of law clerk 1,800 

Salary of research clerk 2,000 

Clerical expenses 6,250 

Current expenses 3,250 

Equipment 400 

Fees to registers of probate 4,250 

Legacy tax expenses 1,200 



Total attorney-general's department . . $29,150 

For comptroller's department: 

Salary of comptroller $5,000 

Salary of assistant comptroller . . 3,300 

Clerical expenses 15,012.50 

Current expenses 2,500 

Equipment 1,500 

Mailing division: 

Clerical expenses $3,435 

Current expenses 365 3,800 



Total $31,112.50 



;18 CHAPTER 222 [1939 

Granite State Deaf Mute Mission $150 

Old Home Week Association 300 

New Hampshire Historical Society 500 

Military organizations 200 

Firemen's Relief Fund 4,000 

Prisoners' Aid Association 600 

New Hampshire Veterans' Association 1,500 



Total comptroller's department $38,362.50. 

For forestry and recreation : 
Administration : 

Salary of state forester $3,500 

Salary of assistant state 

forester 2,500 

Clerical expenses 7,800 

Current expenses 4,300 

Equipment 100 

Total $18,200 

Nursery : 

Salaries $5,000 

Current expenses 2,240 

Equipment 200 

Total 7,440 

Reforestation 1,900 

District chiefs: 

Salaries $4,465 

Current expenses 2,650 

Total 7415 



1939] Chapter 222 319 

Lookout stations $10,000 

Prevention of fires 4,800 

Forest fire bills to towns 7,500 

White pine blister rust eradication : 

Salaries $3,700 

Current expenses 263 

Motor vehicles 800 

Equipment 100 

Total 4,863 

Recreation : 

Salary of director $2,100 

Seasonal personnel 19,203 

Current expenses 8,535 

Equipment 3,745 

Total $33,583 

Less estimated revenue .... 18,500 

Net appropriation 15,083 

Co-operation, federal emergency program. . . 6,000 



Total forestry department $82,901 

For G. A. R $600 

For insurance department: 

Salary of commissioner $5,000 

Salary of deputy commissioner . 1,800 

Salary of examiner 2,500 

Clerical expenses 10,550 

Current expenses 4,850 

Total insurance department $24,700 

For bureau of labor: 

Ofl^ce of commissioner: 

Salary of commissioner $4,000 

Clerical expenses 5,525 

Current expenses 2,900 

Equipment 200 

Total $12,625 



320 Chapter 222 [1939 

Minimum wage division: 

Salary of director $2,400 

Salaries of four investigators . . 6,000 

Clerical expenses 3,100 

Current expenses 7,000 

Total 18,500 

Interstate compacts 100 

Factory inspection: 

Salaries of inspectors $6,250 

Clerical expenses 1,250 

Current expenses 3,500 

Equipment 100 

Total 11,100 

National employment office: 

Salaries, managers $10,340 

Current expenses 4,660 

Total 15,000 



Total bureau of labor $57,325 

For purchasing agent: 

Salary of purchasing agent $4,000 

Clerical expenses 8,600 

Current expenses 2,060 

Equipment 200 

Total purchasing agent $14,860 

For state department: 
Office of secretary: 

Salary of secretary $4,000 

Salary of deputy secretary .... 2,700 

Clerical expenses 9,125 

Current expenses 2,700 

Equipment 1,200 

Total $19,725 



1939] Chapter 222 321 

Copying ancient records $3,225 

State and provincial records 3,740 

Direct primary 400 

Presidential primary 7,000 

Daniel Webster birthplace 900 

Australian ballot 265 



Total state department $35,255 

For state house department: 

Salary of superintendent $2,500 

Other salaries 44,250 

Current expenses 46,700 

Equipment 500 

Special repairs 1,000 

State library maintenance 9,289 

Franklin Pierce homestead main- 
tenance 550 

Total state house department $104,789 

For state library: 

Salary of librarian $2,500 

Salary of cataloger 1,800 

Clerical expenses 8,056 

Current expenses 3,600 

Books 7,500 

Equipment 775 

Total state library $24,231 

For state police: 

Salary of superintendent $4,000 

Salary of deputy superintendent . 3,500 

Other salaries 106,670 

Clerical expenses 5,880 

Current expenses 63,300 

Equipment 47,200 

Total $230,550 

Less revenue 150,000 

Net appropriation 80,550 $80,550 



322 Chapter 222 [1939 

Of the above appropriation the sum of $150,000 shall be a 
charge upon the funds received by the state treasurer from 
fees collected by the motor vehicle department from registra- 
tion and licensing motor vehicles and operators, and the sum 
of $80,550 shall be a charge upon the general funds of the 
treasury. 

For treasury department: 
Office of treasury: 

Salary of treasurer $4,000 

Salary of deputy treasurer .... 2,700 

Clerical expenses 13,860 

Current expenses 5,500 

Total $26,060 

Trust fund obligations: 

Teachers' institutes $2,388.93 

Benjamin Thompson fund .... 31,887.27 

Agricultural college fund 4,800.00 

Hamilton Smith fund 400.00 

Kimball legacy 270.14 

Fiske legacy 1,055.14 

Total 40,801.48 

Intangible tax division: 

Clerical expenses $1,912.50 

Current expenses 410.00 

Total $2,322.50 

Less revenue 2,322.50 

Net appropriation 00.00 



1939] Chapter 222 323 

Bounties $5,500 

Burial of soldiers and sailors 8,500 

Collection of gasoline tax : 

Salary of inspector $2,000 

Clerical expenses 900 

Current expenses 845 

Equipment 200 

Total $3,945 

Less revenue 3,945 

Net appropriation 00.00 

Total treasury department $80,861.48 

For weights and measures: 

Salary of commissioner $3,000 

Salary of not more than four in- 
spectors 8,000 

Clerical expenses 1,500 

Current expenses 5,405 

Total weights and measures $17,905 

For University of New Hampshire: 

Maintenance chapter 180, section 

18 $553,390.50 

Extension work under the Smith- 
Lever Act ^ 36,000 

Section 23, chapter 180 of the Pub- 
lic Laws is hereby suspended for 
the fiscal year ending June 30, 
1940. 

Total University of New Hampshire . . .$589,390.50 



324 Chapter 222 [1939 

For Industrial School : 
Administration : 

Salary of superintendent $4,000 

Salary of assistant superin- 
tendent 2,600 

Clerical expenses 2,730 

Current expenses 2,100 

Equipment 100 

Total $11,530 

Instruction : 

Salaries $5,280 

Current expenses 150 

Equipment 175 

Total 5,605 

Custodial care: 

Salaries $18,970 

Current expenses 18,620 

Equipment 2,000 

Total 39,590 

Auxiliary to custodial care 550 

Operation of plant: 

Salaries $1,680 

Current expenses 13,015 

Equipment 500 

Total 15,195 

Maintenance of plant: 

Salaries $3,120 

Current expenses 1,350 

Equipment 500 

Total 4,970 



1939] Chapter 222 325 

Agriculture : 

Salaries $3,265 

Current expenses 6,800 

Equipment and stock 1,000 

Total 11,065 

Parole office: 

Salaries $900 

Current expenses 1,300 

Equipment 100 

Total 2,300 

Total Industrial School $90,805 

For Laconia State School: 
Administration : 

Salary of superintendent $4,000 

Clerical expenses 8,110 

Current expenses 2,888 

Equipment 75 

Total $15,073 

Professional care and treatment: 

Salaries $45,170 

Current expenses 3,210 

Equipment 250 

Total 48,630 

Custodial care: 

Salaries $11,800 

Current expenses 45,000 

Equipment 1,250 

Total 58,050 

Operation of plant: 

Salaries $4,590 

Current expenses 26,885 

Total 31,475 



326 Chapter 222 [1939 

Maintenance of plant: 

Salaries $6,540 

Current expenses 5,240 

Equipment 250 

Total 12,030 

Agriculture : 

Salaries $20,856 

Current expenses 19,765 

Equipment 850 

Total $41,471 

Less revenue 830 

Net appropriation 40,641 

Total Laconia State School $205,899 

For New Hampshire State Hospital: 
Administration : 

Salary of superintendent $5,000 

Salary of assistant superinten- 
dent 3,375 

Other salaries 27,125 

Current expenses 5,575 

Equipment 200 

Total $41,275 

Professional care and treatment: 

Salaries $233,063 

Current expenses 25,212.50 

Equipment 1,875 

Total $260,150.50 

Less revenue 3,500 

Net appropriation $256,650.50 



1939] Chapter 222 327 

Custodial care: 

Salaries $68,355 

Current expenses 242,035.60 

Equipment 8,750 

Total $319,140.60 

Less revenue 2,000 

Net appropriation $317,140.60 

Operation of plant : 

Salaries $26,900 

Current expenses 90,256 

Motor vehicle 5,000 

Equipment 500 

Total $122,656 

Less revenue 500 

Net appropriation 122,156 

Maintenance of plant: 

Salaries $45,000 

Current expenses 14,375 

Equipment 600 

Total 59,975 

Agriculture : 

Salaries $15,450 

Current expenses 31,789 

Motor vehicle 900 

Equipment 1,485 

Total ... $49,624 

Less revenue 2,000 

Net appropriation 47,624 

Total State Hospital $844,821.10 



328 Chapter 222 [1939 

For soldiers' home: 

Office of commander: 

Salary of commandant $1,800 

Clerical expenses 245 

Current expenses 455 

Total $2,500 

Custodial care: 

Salaries $5,100 

Current expenses 9,275 

Equipment 100 

Total 14,475 

Professional care and treatment: 

Salaries $3,000 

Current expenses 800 

Total 3,800 

Operation of plant: 

Salaries $1,450 

Current expenses 4,100 

Equipment 25 

Total 5,575 

Maintenance of plant: 

Salaries $150 

Current expenses 3,450 

Equipment 25 

Total 3,625 

Agriculture : 

Salaries $1,100 

Current expenses 825 

Equipment 100 

Total 2,025 

Total soldiers' home $32,000 



1939] Chapter 222 329 

For State Prison : 
Administration : 

Salary of warden $3,250 

Clerical expenses 3,050 

Current expenses 1,575 

Total $7,875 

Instruction 2,000 

Custodial care: 

Salaries $35,000 

Current expenses 50,400 

Equipment 2,000 

Total 87,400 

Auxiliary to prison care and custody : 

Salaries $2,500 

Current expenses 3,750 

Other expenses 1,500 

Total 7J50 

Operation of plant : 

Salaries $2,940 

Current expenses 6,500 

Total 9,440 

Maintenance of plant 4,000 

Prison farm 2,200 

Parole department: 

Salary parole officer $2,000 

Salary assistant parole officer. . . 1,250 

Clerical expenses 1,090 

Current expenses 2,175 

Total 6,515 



Total State Prison $127,180 



330 Chapter 222 [1939 

For State Sanatorium: 
Administration : 

Salary of superintendent $4,000 

Clerical expenses 1,370 

Current expenses 1,270 

Equipment 335 

Total $6,975 

Professional care and treatment : 

Salaries $15,675 

Current expenses 5,750 

Equipment 275 

Total 21,700 

Custodial care: 

Salaries $9,735 

Current expenses 24,525 

Equipment 850 

Total 35,110 

Operation of plant : 

Salaries $8,110 

Current expenses 10,500 

Motor vehicle 500 

Equipment 425 

Total 19,535 

Maintenance of plant: 

Salaries $1,100 

Current expenses 2,000 

Equipment 100 

Total 3,200 



1939] Chapter 222 331 

Agriculture : 

Salaries $3,050 

Current expenses 2,150 

Equipment 150 



Total 5,350 



Total State Sanatorium $91,870 

For state board of education: 
Administration : 

Salaries $39,075 

Current expenses 13,300 

Equipment 500 



Total $52,875 

Equalization — state aid 350,000 

Superintendents' salaries (state share) 100,000 

Conferences 1,500 

Vocational education (Smith-Hughes) : 

Salaries $3,750 

Current expenses 1,500 

Other expenses 100 



Total 5,350 

Vocational rehabilitation : 

Salaries $2,200 

Current expenses 5,300 

Equipment 500 



Total 8,000 

Education of deaf: 

Current expenses 16,500 

George Deen Act: 

Salaries $2,500 

Current expenses 1,000 

Other expenses 1,000 

Total 4,500 



332 Chapter 222 [1939 

Keene Teachers College : 

Salaries $125,479.89 

Current expenses 60,770.11 

Equipment 3,750 

Other expenses 1,000 

Total 191,000 

Plymouth Teachers College: 

Salaries $71,540 

Current expenses 44,835 

Equipment 1,500 

Other expenses 300 

Total 118,175 

Total appropriation available for expendi- 
ture $847,900 

The revenues, estimated as follows, shall be 
applied to the above appropriation : 

Per capita tax $158,107 

Literary fund 42,500 

Unorganized places 7,862.23 

Rebate ($3.50 tax) 7,811.12 

Keene Teachers College: 

Tuition 28,000 

Board 68,000 

Federal Smith-Hughes 6,000 

Other 1,000 

Plymouth Teachers College: 

Tuition 12,000 

Board 45,875 

Other 300 

Total estimated revenue 377,455.35 



Total net estimated appropriation state 

board of education $470,444.65 



1939] Chapter 222 333 

In addition to the above appropriation said department shall 
receive for disbursement the income of the teachers' colleges 
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 : 
Office of secretary : 

Salary of secretary $4,000 

Clerical expenses 1,800 

Current expenses 3,375 

Equipment 100 

Total $9,275 

Vital statistics: 

Salaries $4,150 

Current expenses 810 

Equipment 210 

Total 5,170 

Public health nursing : 

Salary of director $2,400 

Clerical expenses 10,400 

Current expenses 4,335 

Total 17,135 

Control of venereal diseases : 

Salaries and fees $6,020 

Current expenses 2,680 

Equipment 200 

Total 8,900 

Purchase of antitoxin 1,200 



334 Chapter 222 [1939 

Maternal and child health: 

Clerical expenses $1,075 

Conference fees 1,000 

Current expenses 800 

Total 2,875 

Crippled children's services: 

Clerical expenses $3,550 

Current expenses 7,450 

Total 11,000 

Laboratory of hygiene : 

Salary of director $4,000 

Clerical expenses 2,782 

Salary of chemists, bacteriolo- 
gists and technician 9,500 

Current expenses 4,550 

Total 20,832 

Sanitation : 

Salaries of engineers and in- 
spectors $8,600 

Current expenses 3,250 

» 

Total 11,850 



Total board of health $88,237 

For department of public welfare: 

Administration : 

Board $4,500 

Office of commissioner: 

Salary of commissioner $4,000 

Salaries other 17,722 

Current expenses 6,945 

Equipment 500 

Total $29,167 

Less revenue 1,400 

Net appropriation 27,767 



1939] Chapter 222 335 

Research and statistics : 

Clerical expenses $5,150 

Current expenses 2,325 

Equipment 150 

Total 7,625 

Accounts and audits: 

Clerical expenses $8,260 

Current expenses 3,075 

Equipment 300 

Total 11,635 

Service : 

Veterans officer : 

Salary of officer $2,000 

Current expenses 2,000 

Total 4,000 

Foster care : 

Clerical expenses $2,800 

Current expenses 950 

Total 3,750 

Social service index: 

Clerical expenses $1,820 

Current expenses 425 

Equipment 275 

Total 2,520 

Field services: 

Salaries $103,480 

Current expenses 49,730 

Equipment 2,220 

Total $155,430 

Less revenue 47,521.68 

Net appropriation 107,908.32 



336 Chapter 222 [1939 

Blind administration and services : 

Salaries $8,850 

Current expenses 5,279 

Other expenses 1,200 

Total 15,329 

Old age assistance 357,711.50 

Aid to dependent children 203,333.33 

Aid to needy blind 39,500 

Workshop of the blind : 

Salaries $6,935 

Current expenses 9,740 

Total $16,675 

Less revenue 12,000 

Net 4,675 

Aid to tuberculous persons 78,000 

Education of blind 9,000 

Sight conservation 4,000 

Civilian conservation corps 1,200 



Total $882,454.15 

Less — old year balance 67,500 



Total department of public welfare . . . .$814,954.15 

In this department any balances which may be 
unexpended shall not lapse, but shall be for the 
further use of the department. 

For John Nesmith fund $3,700 

For bank commission: 

Salary of commissioner $5,000 

Salary of deputy commissioners , 6,000 

Clerical expenses 19,575 

Current expenses 11,408 

Equipment 125 

Total $42,108 

Less revenue 2,000 

Net appropriation $40,108 



1939] Chapter 222 337 

For cancer commission: 

Professional service $12,500 

Clerical expenses 3,750 

Current expenses 16,100 

Equipment 150 

Total cancer commission $32,500 

For state planning and development 
commission : 
Development division: 

Salary of publicity director . . . $4,000 

Clerical expenses 11,526 

Current expenses 45,074 

Equipment 500 

Other expenses 150 

Total $61,250 

Less revenue 1,250 

Total $60,000 

Division of industrial promotion : 

Salaries $6,350 

Current expenses 3,550 

Equipment 100 

Total 10,000 

For World's Poultry Congress 5,000 

To be spent in co-operation with the New Hamp- 
shire Poultry Growers' Association for advertis- 
ing New Hampshire poultry at the 1939 World's 
Poultry Congress. 

Regional associations* 12,500 

*_This appropriation shall be administered by the state 
planning and development commission for the aid of regional 
development associations. Not more than $2,500 may be 
allotted by the commission to any one regional association 
vvrhose bounds, form of organization and program shall first 
have been approved by the commission. Any unexpended 
portion of this appropriation shall lapse and shall not be 
transferred to any other state appropriation. 



338 Chapter 222 [1939 

Tourist service $4,000 

Planning division : 

Salary of director $4,000 • 

Clerical expenses 15,322 

Current expenses 4,842 

Equipment 750 

Total $24,914 

Less revenue 500 

Net appropriation 24,414 

Land use board 500 



Total planning and development com- 
mission : . . . $116,414 

For public library commission: 
Office of commission: 

Salary of secretary $2,000 

Clerical expenses 7,380 

Current expenses . 825 

Equipment 250 

Total $10,455 

Traveling libraries: 

Current expenses $675 

Books 3,000 

Total 3,675 

Institutes : 500 

Field work 2,465 

State aid 1,000 



Total public library commission $18,095 



1939] Chapter 222 339 

For public service commission: 

Salaries three commissioners .... $15,000 
Engineers, legal fees, experts and 

clerical expenses 44,200 

Current expenses 24,880 

Equipment 3,300 

Other expenses 25 

Total $87,405 

Less revenue 22,500 

Total public service commission $64,905 

For state tax commission: 
Office of commission: 

Salary three commissioners . . . $10,000 

Clerical expenses 9,800 

Current expenses 7,775 

Equipment 400 

Total $27,975 

Municipal accounting: 

Salary of accountant $2,000 

Clerical expenses 6,200 

Current expenses 3,550 

Equipment 250 

Total $12,000 

Assessment of intangible tax: 

Clerical expenses $7,580 

Current expenses 2,300 

Equipment 200 

Total $10,080 

Less revenue 10,080 

Net appropriation 00 



340 Chapter 222 • [1939 

Assessment of gas and electric utilities tax: 

Clerical expenses $2,400 

Current expenses 175 

Total $2,575 

Less revenue 2,575 

Net appropriation 00 

For administration of tobacco tax: 

Clerical expenses $14,800 

Current expenses 14,600 

Equipment 600 

Total 30,000 



Total state tax commission $69,975 

For milk control board: 

Salaries $7,711 

Current expenses * 5,189 

Equipment 100 

Total milk control board $13,000 

For probation department: 

Salary of director $4,000 

Salaries of not more than six pro- 
bation officers 12,200 

Salary of psychiatrist 2,500 

Clerical expenses 5,250 

Current expenses 11,200 

Equipment 850 

. Conferences and training 500 

Total probation department $36,500 

For water control commission $5,900 

For * stream flow gauging stations . . $7,250 

* Of the sum herein appropriated for stream flow gauging 
stations, the sum of $2,750 shall be a charge upon the high- 
way funds. 

Less transfer from highway funds 2,750 

Net appropriation $4,500 



1939] Chapter 223 341 

For water resources board $20,000 

For Eastern States Exposition building commission $1,000 

For pharmacy commission $8,000 

For board of optometry $735 

For board of chiropractic examiners $700 

For registration of veterinary surgeons $100 

For commission of arts and crafts $10,000 

For teachers' retirement board $20,000 

For fish and game department $230,000 

Less estimated revenue 230,000 

Net appropriation 00 

In addition to the above appropriation the fish and game 
department shall receive for disbursement any income of the 
fish and game fund, in excess of the above estimate; pro- 
vided, however that if said income of the fish and game fund 
is less than the above estimate of $230,000 a sum sufficient to 
make the total equal $230,000 is hereby appropriated from the 
general funds. 

In addition to the sums hereinbefore appropriated there is 
hereby appropriated the sum of thirty thousand dollars 
($30,000), or such part of said sum as may be necessary for 
the state house annex sinking fund, as provided in section 6, 
chapter 172 of the Laws of 1937. 

Any unexpended balance of this appropriation shall lapse 
and shall not be transferred to any other state appropriation. 

2. Takes Effect. This act shall take effect July 1, 1939. 

[Approved June 17, 1939.] 



CHAPTER 223. 



AN ACT MAKING APPROPRIATION FOR THE EXPENSES OF THE 
STATE OF NEW HAMPSHIRE FOR THE YEAR ENDING 

JUNE 30, 1941. 

Section I Section 

1. Appropriation. | 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, 1941, to 
wit: 



342 Chapter 223 [1939 

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 

Council of State Governments $250 

For the executive department : 
Office of governor: 

Salary of governor $5,000 

Salary of governor's secretary 3,000 

Clerical expenses 6,140 

Current expenses 4,425 

Equipment 200 

Total office of governor $18,765 

Council per diem and expenses : 7,500 

Contingent fund 5,000 

Emergency fund for protection of interests of 

the state, July 1, 1940 to Dec. 30, 1940 22,500 

Jan. 1, 1941 to June 30, 1941 22,500 



Total executive department $76,265 

For judicial branch: 

Supreme court: ^ 

Salaries of supreme court 

justices $35,000 

Clerical expenses of supreme 

court 4,650 

Current expenses 4,200 

Printing and binding N. H. 

reports 3,500 

Examination of law students . . 300 

Total supreme court $47,650 

Superior court: 
Salaries of superior court 

justices $42,000 

Current expenses of superior 
court 18,000 

Total superior court 60,000 



1939] Chapter 223 343 

Probate court: 

Salaries of probate court judges $17,600 
Salaries of probate court regis- 
ters and deputies 20,300 

Total probate court 37,900 



Total judicial branch $145,550 

For adjutant-general's department: 
OfRce of the adjutant-general: 

Salary of adjutant-general $4,000 

Clerical expenses 3,500 

Current expenses 600 

Total office of adjutant-general $8,100 

National Guard: 

Salaries $40,000 

Current expenses 12,350 

Total 52,350 

Armories : 

Salaries janitors $12,440 

Current expenses 20,560 

Total 33,000 

Rifle ranges 960 

Officers' uniforms 2,800 



Total adjutant-general's department . . . $97,210 

For department of agriculture: 
Office of commissioner: 

Salary of commissioner $3,500 

Salary of deputy commissioner . . 2,750 

Clerical expenses 4,165 

CurreAt expenses 2,152 

Equipment 100 

Total $12,667 



344 Chapter 223 [1939 

Institutes and public meetings $1,060 

Granite State Dairymen's Association 500 

New Hampshire Horticultural Society 1,000 

New Hampshire Sheep Breeders' Association. 250 

Nursery inspection 800 

Feeding stuffs inspection ' 5,000 

Fertilizer inspection 1,864 

Seed inspection 1,050 

Insecticides and fungicides 200 

Apiary law 300 

Insect suppression: 

Salary of deputy commissioner $1,600 
Salaries of clerks and assistants 8,765 

Current expenses 1,985 

Equipment . 150 

Total 12,500 

Dairy inspection: 

Salary of inspector $2,400 

Current expenses 1,100 

Total 3,500 

Licensing milk dealers 500 

Fair exhibits 500 

Bureau of markets : 

Salaries $3,237 

Current expenses 750 

Equipment 25 

Total 4,012 

Crop reporting services 1,000 

Printing and mailing the bulletin 5,000 

Labeling services 500 

Apple grading 800 

Egg inspection: 

Salary of inspector $1,700 

Current expenses 1,575 

Equipment 25 

Total 3,300 



1939] Chapter 223 345 

Division of animal industry: 

Salary of state veterinarian .... $3,500 

Clerical expenses 9,996 

Current expenses 3,700 

Veterinarians' services 57,560 

Expenses of veterinarians 3,000 

Testing fees 15,000 

Total 92,756 

Total department of agriculture $149,059 

For attorney-general's department: 

Salary of attorney-general $4,000 

Salary of assistant attorney- 
general 4,000 

Salary of chief clerk 2,000 

Salary of law clerk 1,800 

Salary of research clerk 2,000 

Clerical expenses 6,300 

Current expenses 3,705 

Equipment 400 

Fees to registers of probate 4,250 

Legacy tax expenses 1,200 

Total attorney-general's department. . . . $29,655 

For comptroller's department: 

Salary of comptroller $5,000 

Salary of assistant comptroller . . 3,300 

Clerical expenses 15,337.50 

Current expenses 2,700 

Equipment 200 

For mailing division: 

Clerical expenses 3,535 

Current expenses 365 

Equipment 50 

Total $30,487.50 



346 Chapter 223 [1939 

Granite State Deaf Mute Mission $150 

Old Home Week Association 300 

New Hampshire Historical Society 500 

Military organizations 200 

Fireman's relief fund 4,000 

Prisoners' Aid Association 600 

New Hampshire Veterans' Association 1,500 



Total comptroller's department $37,737.50 

For forestry and recreation department: 
Administration : 

Salary of state forester $3,500 

Salary of assistant state 

forester 2,500 

Clerical expenses 8,100 

Current expenses 4,535 

Equipment 100 

Total $18,735 

•Nursery : 

Salaries $5,000 

Current expenses 2,240 

Equipment 200 

Total 7,440 

Reforestation : 

District chiefs: $1,900 

Salaries $4,465 

Current expenses 2,650 

Total district chiefs 7,115 

Lookout stations 10,000 

Prevention of fires 4,800 

Forest fire bills to towns 7,500 

White pine blister rust eradication: 

Salaries $3,750 

Current expenses 288 

Equipment 100 

Total 4,138 



1939] Chapter 223 347 

Recreation : 

Salary of director $2,200 

Seasonal personnel 21,228 

Current expenses 9,313 

Equipment 3,720 

Total $36,456 

Less estimated revenue .... 20,375 

Net appropriation 16,081 

Co-operation federal emergency program .... 5,000 



Total forestry and recreation • . . . . $82,709 

For G. A. R $600 

For insurance department: 

Salary of commissioner $5,000 

Salary of deputy commissioner . . 1,800 

Salary of examiner 2,500 

Clerical expenses 10,800 

Current expenses 4,850 

Total $24,950 

For bureau of labor: 

Office of commissioner : 

Salary of commissioner $4,000 

Clerical expenses 5,600 

Current expenses 3,150 

Equipment 200 

Total $12,950 

Minimum wage division: 

Salary of director $2,400 

Salaries of four investigators . . 6,000 

Clerical expenses 3,250 

Current expenses 7,000 

Total 18,650 



348 Chapter 223 [1939 

Interstate compacts $100 

Factory inspection: 

Inspectors $6,300 

Clerical expenses 1,300 

Current expenses 3,500 

Equipment 100 

Total 11,200 

National employment office: 

Salaries, managers $10,340 

Current expenses 4,660 

Total 15,000 



Total bureau of labor $57,900 

For purchasing agent : 

Salary of purchasing agent $4,000 

Clerical expenses 8,750 

Current expenses 2,060 

Equipment 200 

Total $15,010 

For state department: 
Office of secretary: 

Salary of secretary $4,000 

Salary of deputy secretary .... 2,700 

Clerical expenses 9,275 

Current expenses 2,200 

Equipment 150 

Total $18,325 

Copying ancient records 2,640 

State and provincial records 3,740 

Direct primary 10,740 

Daniel Webster birthplace 800 

Australian ballot 7,075 



Total state department $43,320 



1939] Chapter 223 349 

For state house department: 

Salary of superintendent $2,500 

Other salaries 51,952 

Current expenses 45,750 

Equipment 600 

State library maintenance 9,289 

Franklin Pierce homestead main- 
tenance 400 

Total $110,491 

For state hbrary: 

Salary of librarian $2,500 

Salary of cataloguer 1,800 

Clerical expenses 8,356 

Current expenses 3,600 

Books 7,500 

Equipment 775 

Total $24,531 

For state police: 

Salary of superintendent $4,000 

Salary of deputy superintendent . • 3,500 

Salaries — other 106,670 

Clerical expenses 5,880 

Current expenses 62,900 

Equipment 15,200 

Total $198,150 

Less M. V. revenue 150,000 

Net appropriation $48,150 

Of the above appropriation the sum of $150,000 shall be a 
charge upon the funds received by the state treasurer from 
fees collected by the motor vehicle department from registra- 
tion and licensing motor vehicles and operators, and the sum 
of $48,150 shall be a charge upon the general funds of the 
treasury. • 



350 Chapter 223 [1989 

For treasury department: 
Office of treasury: 

Salary of treasurer $4,000 

Salary of deputy treasurer .... 2,700 

Clerical expenses 14,275 

Current expenses 5,775 

Total $26,750 

Trust obligations: 

Teachers' institutes $2,388.93 

Benjamin Thompson fund 31,887.27 

Agricultural college fund 4,800.00 

Hamilton Smith fund 400.00 

Kimball legacy 270.14 

Fiske legacy 1,055.14 

Total 40,801.48 

Intangible tax division: 

Clerical expenses $1,950 

Current expenses 410 

Total $2,360 

Less revenue 2,360 

Net appropriation 00.00 

Bounties 5,500 

Burial of soldiers and sailors 8,500 

Collection of gasoline tax: 

Salary of inspector $2,000 

Clerical expenses 950 

Current expenses 845 

Equipment 200 

Total $3,995 

Less revenue 3,995 

Net appropriation 00.00 



Total treasury department $81,551.48 



1939] Chapter 223 351 

For weights and measures: 

Salary of commissioner $3,000 

Salaries of not more than four 

inspectors 8,000 

Clerical expenses 1,550 

Current expenses 5,225 

Total : $17,775 

For University of New Hampshire: 

Maintenance chap. 180, section 18 $553,390.50 
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, 1941. 

Total $589,390.50 

For Industrial School: 
Administration : 

Salary 6f superintendent $4,000 

Salary of assistant superin- 
tendent 2,600 

Clerical expenses 2,880 

Current expenses 2,200 

Total $11,680 

Instruction : 

Salaries $5,580 

Current expenses 150 

Equipment 175 

Total 5,905 

Custodial care: 

Salaries $18,970 

Current expenses 18,620 

Equipment 2,000 

Total 39,590 



352 Chapter 223 [1939 

Auxiliary to custodial care $550 

Operation of plant: 

Salaries $1,680 

Current expenses 13,015 

Total 14,695 

Maintenance of plant: 

Salaries $3,120 

Current expenses 1,350 

Equipment 500 

Total 4,970 

Agriculture : 

Salaries $3,265 

Current expenses 6,800 

Equipment and stock 1,000 

Total 11,065 

Parole officers: 

Salaries $950 

Current expenses 1,300 

Equipment 100 

Total 2,350 



Total Industrial School $90,805 

For Laconia State School: 
Administration : 

Salary of superintendent $4,000 

Clerical expenses 8,224 

Current expenses 2,888 

Equipment 110 

Total $15,222 

Professional care and treatment: 

Salaries $45,345 

Current expenses 3,210 

Equipment 250 

Total 48,805 



1939] Chapter 223 35i 

Custodial care: 

Salaries $11,800 

Current expenses 45,000 

Equipment 1,250 

Total 58,050 

Operation of plant: 

Salaries $4,590 

Current expenses 26,885 

Total 31,475 

Maintenance of plant: 

Salaries $6,540 

Current expenses 5,240 

Equipment 250 

Total 12,030 

Agriculture : 

Salaries $20,856 

Current expenses 19,565 

Motor vehicles 4,000 

Equipment 850 

Total $45,271 

Less revenue 830 

Net appropriation 44,441 



Total Laconia State School $210,023 

For New Hampshire State Hospital: 
Administration : 

Salary of superintendent $5,000 

Salary of assistant superin- 
tendent 3,375 

Other salaries 27,625 

Current expenses 6,110 

Equipment 250 

Total $42,360 



354 Chapter 223 [1939 

Professional care and treatment : 

Salaries $239,370 

Current expenses 25,890.50 

Equipment 1,875 

Total $267,135.50 

Less revenue 3,500 

Net appropriation 263,635.50 

Custodial care: 

Salaries $69,455 

Current expenses 249,016.20 

Motor vehicles 900 

Equipment 9,500 

Total $328,871.20 

Less revenue 2,000 

Net appropriation 326,871.20 

Operation of plant: 

Salaries $26,900 

Current expenses 90,522 

Equipment 900 

Total $118,322 

Less revenue 500 

Net appropriation 117,822 

Maintenance of plant: 

Salaries $45,000 

Current expenses 14,375 

Equipment 600 

Total 59,975 



1939] Chapter 223 355 

Agriculture : 

Salaries $15,450 

Current expenses 31,689 

Equipment 1,685 

Total $48,824 

Less revenue 2,000 

Net appropriation 46,824 

Total State Hospital $857,487.70 

For soldiers' home: « 

Office of commander: 

Salary of commander $1,800 

Clerical expenses 245 

Current expenses 455 

Total $2,500 

Custodial care: 

Salaries $5,100 

Current expenses 9,275 

Equipment 100 

Total 14,475 

Professional care and treatment: 

Salaries $3,000 

Current expenses 800 

Total 3,800 

Operation of plant: 

Salaries . $1,450 

Current expenses 4,100 

Equipment 25 

Total 5,575 

Maintenance of plant: 

Salaries $150 

Current expenses 3,450 

Equipment 25 

Total 3,625 



356 Chapter 223 [1939 

Agriculture : 

Salaries $1,100 

Current expenses 825 

Equipment 100 

Total 2,025 



Total for soldiers' home $32,000 

For State Prison: 
Administration : 

Salary of warden $3,250 

Clerical expenses 3,050 

Current expenses 1,575 

Total m $7,875 

Instruction 2,000 

Custodial care: 

Salaries $35,000 

Current expenses 50,400 

Equipment 1,500 

Total 86,900 

Auxiliary to prison care and custody: 

Salaries $2,500 

Current expenses 3,750 

Other expenses 1,500 

Total 7,750 

Operation of plant: 

Salaries $2,940 

Current expenses 6,500 

Total 9,440 

Maintenance of plant 4,000 

Prison farm 2,200 



1939] Chapter 223 357 

Parole department: 

Salary parole officer $2,000 

Salary assistant parole officer . . 1,300 

Clerical expenses 1,140 

Current expenses 2,175 

Total 6,615 



Total State Prison $126,780 

For State Sanatorium: 
Administration : 

Salary of superintendent $4,000 

Clerical expenses 1,420 

Current expenses 1,520 

Equipment 250 

Total $7,190 

Professional care and treatment: 

Salaries $15,875 

Current expenses 5,750 

Equipment 200 

Total 21,825 

Custodial care: 

Salaries $9,735 

Current expenses 24,525 

Equipment 200 

Total 34,460 

Operation of plant : 

Salaries $8,110 

Current expenses 10,500 

Equipment 250 

Total 18,860 

Maintenance of plant: 

Salaries $1,100 

Current expenses 2,000 

Equipment 100 

Total 3,200 



'358 Chapter 223 [1939 

Agriculture : 

Salaries $3,050 

Current expenses 2,150 

Equipment 150 



Total 5,350 



Total State Sanatorium $90,885 

For state board of education : 
Admmistration : 

Salaries $39,475 

Current expenses 14,300 

Equipment 500 



Total $54,275 

Equalization — state aid 350,000 

Superintendents' salaries — state share 100,000 

Conferences 1,500 

Vocational education (Smith-Hughes) 

Salaries $3,950 

Current expenses 1,500 

Other expenses 100 



Total 5,550 

Vocational rehabilitation : 

Salaries $2,300 

Current expenses 7,000 

Equipment 700 



Total 10,000 

Education of deaf : 

Current expenses 16,500 

George Deen Act: 

Salaries $2,500 

Current expenses 1,000 

Other expenses 1,000 

Total 4,500 



1939] Chapter 223 . 359 

Keene Teachers College: 

Salaries $122,158.89 

Current expenses 60,400 

Equipment . 3,750 

Other expenses 750 

Total 187,058.89 

Plymouth Teachers College : 

Salaries $77,300 

Current expenses 50,300 

Equipment 1,500 

Other expenses 2,300 

Total 131,400 

Total appropriation available for ex- 
penditure 860,783.89 

The revenues, estimated as follows, 
shall be applied to the above 
appropriation : 

Per capita tax $156,000 

Literary fund 42,500 

Unorganized places 7,862.23 

Rebate (3.50 tax) 7,811.12 

Keene Teachers College: 

Tuition 27,000 

Board 65,000 

Federal Smith-Hughes 6,000 

Other receipts 1,000 

Plymouth Teachers College: 

Tuition 12,000 

Board 60,875 

Other receipts 300 

Total estimated revenue 386,348.35 

Total net estimated appropriation state 

board of education $474,435.54 

In addition to the above appropriation said department 
shall receive for disbursement the income of the teachers' 
colleges dormitories and practice schools, and the sums 



360 Chapter 223 [1939 

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 unexpended in any fiscal year, shall be 
placed in a special fund available for use for maintenance pur- 
poses the following year by and with the consent of the gov- 
ernor and council. 

For board of health: 
Office of secretary : 

Salary of secretary $4,000 

Clerical expenses 1,800 

Current expenses 3,650 

Equipment 100 

Total $9,550 

Vital statistics: 

Salaries $4,250 

Current expenses 810 

Total 5,060 

Public health nursing: 

Salary of director $2,400 

Clerical expenses 10,600 

Current expenses 4,335 

Total 17,335 

Control of venereal diseases : 

Salaries and fees $6,070 

Current expenses 2,630 

Equipment 200 

Total . 8,900 

Purchase of antitoxin 1,200 

Maternal and child health: 

Clerical expenses $1,125 

Conference fees 1,000 

Current expenses 550 

Total 2,675 



1939] Chapter 223 361 

Crippled children's services : 

Clerical expenses $3,600 

Current expenses 7,400 

Total 11,000 

Laboratory of hygiene: 

Salary of director $4,000 

Clerical expenses 2,882 

Salary of chemists, bacteriolo- 
gists and technician 9,800 

Current expenses 4,550 

Total 21,232 

•Sanitation : 

Salaries of engineers and in- 
spectors $8,600 

Current expenses 3,250 

Total 11,850 



Total board of health $88,802 

For department of public welfare : 
Administration : 
Board $4,500 

Office of commissioner: 

Salary of commissioner $4,000 

Salaries— other 18,122 

Current expenses 7,820 

Equipment 600 

Total $30,542 

Less revenue 1,400 

Net appropriation 29,142 

Research and statistics: 

Clerical expenses $5,275 

Current expenses 2,325 

Equipment 60 

Total 7,660 



362 Chapter 223 [1939 

Accounts and audits: 

Clerical expenses $8,610 

Current expenses 3,250 

Equipment 400 

Total 12,260 

Service : 

Veterans' officer : 

Salary of officer $2,000 

Current expenses 2,000 

Total 4,000 

Foster care: 

Clerical expenses $2,900 

Current expenses 950 

Total 3,850 

Social service index: 

Clerical expenses $1,920 

Current expenses 450 

Equipment 35 

Total 2,405 

Field service: 

Salaries $125,780 

Current expenses 57,570 

Equipment 2,195 

Total $185,545 

Less revenue 59,442.48 

Net appropriation 126,102.52 

Blind administration and services: 

Salaries , $9,100 

Current expenses 5,279 

Other expenses 1,200 

Total 15,579 



1939] Chapter 223 363 

Old age assistance $493,924.75 

Aid to dependent children 203,333.33 

Aid to needy blind 41,200 

Workshop for the blind: 

Salaries $6,935 

Current expenses 9,740 

Total $16,675 

Less revenue 12,000 

Net appropriation 4,675 

Aid to tuberculous persons 78,000 

Education of blind 9,000 

Sight conservation 4,000 

Civilian conservation corps 1,250 

Total department of public welfare. . .$1,040,881.60 

In this department any balances which may be unexpended 
shall not lapse, but shall be for the further use of the depart- 
ment. 

For John Nesmith fund $3,700 

For bank commission: 

Salary of bank commissioner $5,000 

Salaries of deputy commissioners . . 6,000 

Clerical expenses 19,600 

Current expenses 11,208 

Equipment 125 

Total $41,933 

Less revenue 2,000 

Net appropriation $39,933 

For cancer commission: 

Professional service $12,500 

Clerical expenses 3,800 

Current expenses - 16,050 

Equipment 150 

Total cancer commission $32,500 



364 Chapter 223 [1939 

For state planning and development commission: 
Development division : 

Salary of publicity director .... $4,000 

Clerical expenses 11,976 

Current expenses .....' 45,074 

Equipment 500 

Other expenses 150 

•Total $61,700 

Less revenue 1,250 

Net appropriation 60,450 

Division of industrial promotion: 

Salaries $6,400 

Current expenses 3,500 

Equipment 100 

Total 10,000 

*Regional associations 12,500 

* This appropriation shall be administered by the state 
planning and development commission for the aid of regional 
development associations. Not more than $2,500 may be allotted 
by the commission to any one regional association whose 
bounds, form of organization and program shall first have been 
approved by the commission. Any unexpended portion of this 
appropriation shall lapse and shall not be transferred to any 
other state appropriation. 

Tourist service 4,000 

Planning division : 

Salary of director $4,000 

Clerical expenses 15,872 

Current expenses 4,842 

Equipment 750 

Total $25,464 

Less revenue 500 

Net appropriation 24,964 

Land use board 500 



Total planning and development com- 
mission $112,414 



1939] Chapter 223 365 

For public library commission : 
Office of commission : 

Salary of secretary $2,000 

Clerical expenses 7,630 

Current expenses 975 

Equipment 250 

Total $10,855 

Traveling libraries : 

Current expenses $675 

Books 3,000 

Total 3,675 

Institutes 500 

Field work 2,465 

State aid 1,000 



Total public library commission $18,495 

For public service commission : 

Salaries — three commissioners . . $15,000 
Engineers, legal fees, experts and 

clerical expenses 45,600 

Current expenses 25,630 

Equipment 2,300 

Other expenses 25 

Total $88,555 

Less revenue 21,400 

Total public service commission $67,155 

For state tax commission: 
Office of commission : 

Salary — three commissioners . . $10,000 

Clerical expenses 9,800 

Current expenses 6,875 

Equipment 400 

Total $27,075 



366 Chapter 223 [1939 

Municipal accounting: 

Salary of accountant $2,000 

Clerical expenses 6,350 

Current expenses 3,550 

Equipment 250 

Total $12,150 

Assessment of intangible tax : 

Clerical expenses $7,680 

Current expenses 2,300 

Equipment 200 

Total $10,180 

Less revenue 10,180 

Net appropriation 00 

Assessment of gas and electric 
utilities tax: 

Clerical expenses $2,450 

Current expenses 175 

Total $2,625 

Less revenue 2,625 

Net appropriation 00 

Administration of tobacco tax : 

Clerical expenses $13,400 

Current expenses 14,600 

Equipment 200 

Total 28,200 



Total state tax commission $67,425 

For milk control board: 

Salaries $7,811 

Current expenses 5,089 

Equipment 100 

Total milk control board $13,000 



1939] Chapter 223 367 

For probation department: 

Salary of director $4,000 

Salaries of not more than seven 

probation officers 14,400 

Salary of psychiatrist 2,500 

Clerical expenses 6,350 

Current expenses 12,000 

Equipment 200 

Conferences and training 500 

Total probation department $39,950 

For water control commission $5,900 

For * stream flow gauging stations . . . $7,250 
Less transfer from highway funds 2,750 

Net appropriation $4,500 

* Of the sum herein appropriated for stream 
flow gauging stations, the sum of $2,750 
shall be a charge upon the highway funds. 
For water resources board $20,000 

For Eastern States Exposition Building Commis- 
sion $1,000 

For pharmacy commission $3,000 

For board of optometry $735 

For chiropractic examiners $700 

For registration of veterinary surgeons $100 

For commission of arts and crafts $10,000 

For teachers retirement board $20,000 

For fish and game department $230,000 

Less estimated revenue 230,000 

Net appropriation 00 

In addition to the above appropriation the fish and game 
department shall receive for disbursement any income of the 
fish and game fund, in excess of the above estimate ; provided. 



368 



Chapter 224 



[1939 



however that if said income of the fish and game fund is less 
than the above estimate of $230,000 a sum sufficient to make 
the total equal $230,000 is hereby appropriated from the gen- 
eral funds. 

In addition to the sums hereinbefore appropriated there is 
hereby appropriated the sum of thirty thousand dollars 
($30,000), or such part of said sum as may be necessary for 
the state house annex sinking fund, as provided in section 6, 
chapter 172 of the Laws of 1937. 

Any unexpended balance of this appropriation shall lapse 
and shall not be transferred to any other state appropriation. 

2. Takes Effect. This act shall take effect July 1, 1940. 

[Approved June 17, 1939.] 



CHAPTER 224. 

AN ACT RELATING TO THE DEVELOPMENT OF AERONAUTICAL 

FACILITIES. 



Section 

1. Name of act. 

2. Declaration of purpose. 

3. Definitions. 

4. Appointment of director. 

5. Compensation. 

6. Duties. 

7. Establishment authorized. 



Section 

8. Public ownership. 

9. Suits affecting. 

10. Acceptance of federal aid. 

11. Use of air navigation facilities. 

12. Appropriation. 

13. Saving clause. 

14. . Takes effect. 



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

1. Name of Act. This act shall be known and may be 
cited as the New Hampshire Aeronautics Act of 1939. 

2. Declaration of Purpose. It is hereby declared that the 
purpose of this act is to further the public interest by (a) the 
encouragement and development of an air transportation 
system properly adapted to the present and future needs of 
the state by the establishment, construction and maintenance 
of air navigation facilities to meet these needs, and (b) the 
encouragement and development of civil aeronautics. 

3. Definitions. As used in this act, unless the context 
otherwise requires, the following words shall have the follow- 
ing meanings: 

I. "Aeronautics" means the science and art of flight. 



1939] Chapter 224 369 

II. "Air navigation facility" means any facility used in, 
available for use in, or designed for use in, aid of air naviga- 
tion, including landing areas, lights, any apparatus or equip- 
ment for disseminating weather information, for signaling, 
for radio-directional finding, or for radio or other electrical 
communication, and any other structure or mechanism having 
a similar purpose for guiding or controlling flight in the air or 
the landing and take-off of aircraft. 

III. "Airport" means a landing area providing certain 
specified facilities and services for use in connection with air 
transportation. 

IV. "Landing area" means any locality, either of land or 
water, including airports and intermediate landing fields which 
is used, or intended to be used, for the landing and take-off of 
aircraft, whether or not facilities are provided for the shelter, 
servicing, or repair of aircraft, or for receiving or discharging 
passengers or cargo. 

4. Appointment of Director. There is hereby created the 
office of director of aeronautics. Said director shall be 
appointed by the governor with the advice and consent of the 
council, and shall serve for an indefinite term, at the pleasure 
of the governor and council. 

5. Compensation. The director shall serve without com- 
pensation but shall be reimbursed in a sum not to exceed 
fifteen hundred dollars for all traveling and other expenses 
incurred by him in the discharge of his official duties. 

,6. Duties. The director, immediately after appointment 
shall prepare and present to the governor and council a com- 
prehensive, state-wide program for the development, construc- 
tion and maintenance of air navigation facilities, with pre- 
liminary plans and estimates of cost, and the recommended 
apportionment of these costs between the state and local mu- 
nicipalities. The director shall, with the approval of the gov- 
ernor and council, execute all matters pertaining to the pro- 
motion and development of aeronautics in the state. The 
director shall exercise general supervision, control and direc- 
tion, on behalf of the state, over all matters pertaining to the 
location, construction and maintenance of all air navigation 
facilities, now or hereafter built or maintained, either in whole 
or in part, with money appropriated from the state treasury. 
He may recommend to the governor and council that the state 



370 Chapter 224 [1939 

acquire land, easements and rights of way for the establish- 
ment of air navigation facilities. 

7. Establishment Authorized. The director, with the 
approval of the governor and council, shall establish a state 
airways system, consisting of landing areas, both land and 
water, airport and airway marking and lighting, and other 
aids to air navigation, adequate for air transportation service 
to the entire state. The system shall be supplementary to the 
federal airways system and such parts of it as are provided 
and maintained by federal agencies within the state. The 
system may include all air navigation facilities maintained for 
public use, whether publicly or privately owned, under such 
terms and conditions as meet the approval of the director. 

8. Public Ownership. The state is hereby authorized to 
acquire, construct, maintain, and operate, any air navigation 
facility, and may do so jointly with the United States, other 
states, or with any governmental unit of the state. 

9. Suits Affecting. The construction, maintenance and 
operation of air navigation facilities is hereby declared a 
public governmental function, and no action or suit shall be 
brought or maintained against the state, or any county or 
town thereof, or its officers, agents, servants, or employees, in 
or about the construction, maintenance, operation, superinten- 
dence, or management of any air navigation facility. 

10. Acceptance of Federal Aid. The state and the towns 
are hereby authorized to accept funds from the United States 
for the construction and maintenance of air navigation 
facilities. The director is hereby authorized to act for the 
state and towns with representatives of the federal govern- 
ment, in all matters pertaining to acceptance of such federal 
aid. 

11. Use of Air Navigation Facilities. There shall be no ex- 
clusive right for the use of any landing area or air navigation 
facility upon which state or federal funds have been expended. 
Provided that the state acquiring air navigation facilities 
under the provisions of this act, is authorized to construct for 
or lease to any person the use of the facilities, and may estab- 
lish reasonable rent or fees therefor. 

12. Appropriation. For the purposes of this act there is 
hereby appropriated the sum of fifteen hundred dollars 
annually and the governor is hereby authorized to draw his 



1939] Chapter 225 371 

warrant for said sum out of any money in the treasury not 
otherwise appropriated. 

13. Saving Clause. In case any phrase or provision here- 
of shall be declared unconstitutional, the remaining provisions 
shall not by reason thereof be invalid and the remainder of 
the act and its application shall not be affected thereby. 

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

[Approved June 17, 1939.] 



CHAPTER 225. 

AN ACT RELATIVE TO BONDS OF WHOLESALER AND MANU- 
FACTURER PERMITTEES FOR THE SALE OF CERTAIN 
ALCOHOLIC BEVERAGES, AND FOR A BUILDING FOR THE 
STATE LIQUOR COMMISSION. 



Section 

1. Bond for wholesalers and 

manufacturers. 

2. Appropriation. 

3. Expenditure. 



Section 

4. Location ; use of building. 

5. Federal assistance. 

6. State funds. 

7. Takes effect. 



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

1. Wholesalers and Manufacturers. Amend chapter 99 of 
the Laws of 1933, by inserting after section 22, as inserted by 
section 4, chapter 134 of the Laws of 1939, the following sec- 
tion: 22-a. Bond Required. Each wholesaler or manu- 
facturer holding a permit under the provisions hereof shall 
annually give to the state of New Hampshire a bond with 
sureties satisfactory to the commission in such penal sum as 
may be determined by the commission, but not exceeding ten 
thousand dollars, conditioned upon the payment of the fees 
required under the provisions of this chapter. The amounts 
due under said bond shall be recoverable in an action of debt 
to be brought by the attorney-general upon complaint of said 
commission. The commission may waive the giving of such 
bond if reports and payments are made at times which precede 
the statutory requirements and which are satisfactory to the 
commission. 

2. Appropriation. A sum not exceeding one hundred and 
twenty thousand dollars ($120,000) or so much thereof as may 



372 Chapter 225 [1939 

be necessary is hereby appropriated for the purpose of con- 
structing and equipping a building for the use of the state 
liquor commission for an office building and liquor warehouse, 
provided a grant is made by the federal government in connec- 
tion therewith. 

3. Expenditure. Said appropriation shall be expended by 
the state liquor commission in accordance with plans and 
specifications to be approved by the governor and council. 

4. Location; Use of Building. Said building shall be 
located in the city of Concord on Bridge street on land 
acquired by the state by deed from Ruble J. Corser, dated 
October 5, 1935. If, at any time, there shall be available in 
said building any space which in the opinion of the state 
liquor commission is not needed by said commission said space 
may be assigned by the governor and council to any other 
state department. 

5. 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 
purposes of this act. In case federal funds are made available 
for the purposes hereof and the appropriation made by sec- 
tion 1 thus becomes effective the federal funds secured shall 
not be in addition to the amount appropriated by the state but 
the total amount of state and federal funds expended for the 
purposes hereof shall not in any event exceed the sum of one 
hundred and twenty thousand dollars. 

6. State Funds. From the net revenue derived from the 
sale of liquor in state stores, as provided by chapter 3 of the 
Laws of the special session of 1934, the state treasurer is 
hereby authorized to establish a special fund of not exceeding 
the sum of one hundred and twenty thousand dollars to pro- 
vide the necessary funds to carry out the provisions of this act, 
provided a federal grant is made available for the purposes 
hereof. If said special fund is provided the governor is here- 
by authorized to draw his warrants from said fund for the 
purposes hereof. 

7. Takes Effect. This act shall take effect July 1, 1939. 
[Approved June 17, 1939.] 



1939] Chapters 226, 227 373 

CHAPTER 226. 

AN ACT RELATIVE TO THE POWERS OF THE FISCAL AGENT OF COOS 

COUNTY. 

Section . I Section 

1. Coos county fiscal agent. I 2. Takes effect. 

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

1. Coos County Fiscal Agent. Amend chapter 91 of the 
Laws of 1939, as amended by chapter 175 of the Laws of 1939, 
by inserting after section 2-a, the following new section : 2-b. 
Additional Powers. During the time this act is in force the 
fiscal agent, with the approval of the superior court, or any 
justice thereof in vacation, may borrow from time to time 
such sums as shall be deemed necessary for the purpose of re- 
funding existing notes and issue therefor serial notes, pay- 
able within seven years from their respective dates of issue. 
Such notes shall be signed by the fiscal agent and counter- 
signed by the county treasurer. The clerk of the court shall 
attest and record such notes. 

2. Takes Effect. This act shall take effect upon its pas- 
sage and shall remain in effect until April 1, 1941, provided 
however that said serial notes issued hereunder shall be pay- 
able prior to April 1, 1948. 

[Approved June 17, 1939.] 



CHAPTER 227. 



JOINT RESOLUTION RELATIVE TO A COMMISSION FOR INVESTIGA-. 

TION OF FLOOD CONTROL AND POWER DEVELOPMENT IN 

NEW HAMPSHIRE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That there be and hereby is established a commission, con- 
sisting of the governor ex officio, who shall act as chairman, 
attorney-general, chairman of the land use board, chairman 
of the water resources board, one member of the house of 
representatives, appointed by the speaker of the house and one 
member of the senate, appointed by the president of the senate 



B74 Chapter 228 [1939 

and one member appointed by the governor, to inquire into and 
investigate flood control, water power development and other 
public problems relating thereto. The commission shall ex- 
amine and inquire into the methods best adaptable to protect 
and preserve the natural resources and sovereignty of the 
state in the acquisition by it or the United States government 
or any department, agency or commission thereof, of lands, 
rights of way, flowage rights, easements and other interests 
and property for the purposes of flood control, water power 
development and other public projects incidental thereto. The 
commission shall make a report forthwith to the governor and 
council setting forth its recommendations. The members of 
said commission shall serve without pay but shall be entitled 
to reasonable expenses actually incurred and shall have the 
power to employ legal, engineering, technical, and clerical 
assistance, and is hereby given all the necessary power and 
authority to procure such data and information as may be 
germane to its inquiry and investigation from departments, 
commissions and institutions and agencies and any officer of 
the state and municipal governments and from any person, 
partnership, association and corporation and shall have the 
further power in the name of the state to request from all df- 
partments, commissions and divisions of the government of 
the United States, whatever facts are in its possession perti- 
nent to this inquiry and investigation. A sum not to exceed 
five thousand dollars ($5,000) be and hereby is appropriated 
for said inquiry and investigation, and the governor is "hereby 
authorized to draw his warrant for said sum or so much 
thereof as is necessary out of any money in the treasury not 
otherwise appropriated. 

[Approved January 12, 1939.] 



CHAPTER 228. 



JOINT RESOLUTION PROVIDING FOR STATE ADVERTISING AT THE 
NEW YORK V^ORLD'S FAIR. 

Whereas, by chapter 230 of the Laws of 1937, the legisla- 
ture made appropriations to be expended during the years 
ending June 30, 1938 and June 30, 1939, for advertising the 
recreational and other advantages of this state through the 
New England Council, and 



1939] Chapter 229 375 

Whereas, said appropriations were contingent upon similar 
appropriations by the other New England states, and 

Whereas, since some of the other New England states did 
not contribute their share to said project, the appropriation 
of $17,800 for the year ending June 80, 1938, was not ex- 
pended and lapsed, and the appropriation of $17,800 for the 
year ending June 30, 1939, has not been expended, and 

Whereas, it is desirable and in the public interest to use 
said sums for advertising purposes through other means, 
therefore, be it 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of seventeen thousand eight hundred dollars 
($17,800), being the lapsed appropriation for state advertis- 
ing through the New England Council for the year ending 
June 30, 1938, as provided by chapter 230 of the Laws of 1937, 
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, and the unexpended balance of the 
appropriation of seventeen thousand eight hundred dollars 
($17,800) for the year ending June 30, 1939, as provided by 
said chapter, be and hereby is transferred and made available 
for said state advertising purposes at the New York World's 
Fair. The said sums hereby appropriated and transferred 
shall be expended under the direction of the state planning 
and development commission and shall not lapse until June 30, 
1941. The governor is hereby authorized to draw his warrant 
for said sums out of any money in the treasury not otherwise 
appropriated. 

[Approved January 12, 1939.] 



CHAPTER 229. 

JOINT resolution IN FAVOR OF GUY S. NEAL AND OTHERS. 

Resolved by the Senate and House of Representatives i^i 
General Court convened: 

That Guy S. Neal be allowed the sum of twenty-three 
dollars and seventy-five cents; that Harold Fournier be 



376 Chapter 230 [1939 

allowed the sum of twenty dollars ; that Cyril J. Fretwell be 
allowed the sum of fifty dollars; that Herbert M. Thyng be 
allowed the sum of four dollars; that Palmer €>. Read be 
allowed the sum of four dollars; that Charles H. Bean, Jr. be 
allowed the sum of eight dollars; that Charles F. Adams be 
allowed the sum of four dollars; that Edgar Jacques be 
allowed the sum of two dollars and fifty cents ; that Herbert S, 
Currier be allowed the sum of two dollars and fifty cents ; that 
Gerald L. Wadman be allowed the sum of two dollars and fifty 
cents; that Carl Jewell be allowed the sum of three dollars; 
that Robert Stark be allowed the sum of two dollars and fifty 
cents; that Alice V. Flanders be allowed the sum of eight 
dollars; that Raymond B. Lakeman be allowed the sum of 
twenty-seven dollars; that Benjamin H. Bragg be allowed the 
sum of twenty-four dollars; that Charles C. Sargent be 
allowed the sum of four dollars; that William W. Allen be 
allowed the sum of twelve 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 January 31, 1939.] 



CHAPTER 230. 



JOINT RESOLUTION MEMORIALIZING THE FEDERAL HOSPITALIZA- 
TION BOARD OF THE UNITED STATES VETERANS' 
ADMINISTRATION. 

Whereas, there are a large number of war veterans resi- 
dents of this state who are in need of hospital care and treat- 
ment, and 

Whereas, there is a lack of sufficient facilities in the 
veterans administration hospitals in the New England area 
to care for these men, many of whom need immediate hospital- 
ization, and 

Whereas, it is the established policy of the federal govern- 
ment to furnish hospital care and treatment to needy war 
veterans, and 

Whereas, except for the state of Rhode Island, the state of 
New Hampshire is the only state in New England that does 
not have within its borders a veterans hospital, therefore 
be it 



1939] Chapter 231 377 

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

That the federal board of hospitalization of the United 
States Veterans Administration be and is hereby urged to pro- 
ceed at once with plans for the erection of a veterans admin- 
istration hospital in this state, and be it further 

Resolved, that copies of this resolution be transmitted at 
once to General Frank T. Hines Administrator of Veterans 
Affairs and chairman of the federal hospitalization board, to 
Senator H. Styles Bridges, to Senator Charles W. Tobey, and 
Congressmen Arthur B. Jenks and Foster Stearns. 

[Approved February 15, 1939.] 



CHAPTER 231. 



JOINT RESOLUTION APPROPRIATING FUNDS FOR THE PUBLICATION 
OF WAR-TIME MILITARY RECORDS. 

WHEREAS the services rendered by the several military 
organizations and the individual men and women of New 
Hampshire who served in the armed forces of the nation dur- 
ing war time constitute a glorious record of which they and 
all the people justly are proud and which should be preserved 
and made available for consultation in authentic form; and 

Whereas an official historical record of the achievements 
of New Hampshire soldiers and sailors who fought in the 
War of the Rebellion was prepared and published in 1895 
under the auspices and at the expense of the state; and 

Whereas the state committee on military records and his- 
tory has been engaged for nearly four years, in collaboration 
with the federal government, in assembling information relat- 
ing to the military history of New Hampshire, and in collect- 
ing and arranging for publication the personal military rec- 
ords of citizens of our state who served with the colors dur- 
ing the Spanish-American War, the tour of service on the 
Mexican border, the World War, or in any military or naval 
expedition in which the United States engaged in the course 
of the last forty-one years; and 



378 CHAPTER 232 [1939 

Whereas the publication of these more recent records in 
official form will complete the historical record of the partici- 
pation of New Hampshire men and women in all the wars and 
military expenditions of our country since the Civil War and 
place this state on a parity with other states, in this respect; 
and 

Whereas the existing records are being consulted con- 
stantly in connection with claims for pensions, compensation, 
hospitalization, medical attention, employment and other 
matters of concern to war veterans, with resulting wear and 
tear on irreplaceable documents and hazard of their loss; 
now, therefore, 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 to be expended for the preparation, 
printing, publication, and distribution of the military records 
of the men and women of New Hampshire who served in any 
branch of the armed forces of the United States in the course 
of the Spanish- American War, the Philippine insurrection, the 
campaign in Porto Rico, the tour of duty on the Mexican 
border, the World War, or any military or naval expedition in 
which the United States engaged since the Civil War, this sum 
to be expended by the state committee on military records and 
history appointed by the governor on January 12, 1939, as 
shown by the records in the office of the secretary of state. 
The governor is hereby authorized to draw his warrant for 
said sum out of any money in the treasury not otherwise 
appropriated. 

[Approved March 7, 1939.] 



CHAPTER 232. 



JOINT RESOLUTION IN FAVOR OP MOUNT WASHINGTON 
OBSERVATORY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of seven hundred fifty dollars ($750) be and 
hereby is appropriated for the period from January 1, 1939 to 



1939] Chapters 233, 234 379 

July 1, 1939 for the Mount Washington Observatory, to be 
used for the work of said corporation in scientific research 
relative to weather observations, rendering assistance to per- 
sons climbing Mount Washington and for other work of said 
corporation. Said sum shall be paid out upon warrant of the 
governor and council and shall be a charge upon money in the 
treasury not otherwise appropriated. 
[Approved March 7, 1939.] 



CHAPTER 233. 



JOINT RESOLUTION IN FAVOR OF MOUNT WASHINGTON 
OBSERVATORY. 

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 year beginning July 1, 1939, 
and a like sum for the year beginning July 1, 1940, 
for the Mount Washington Observatory, to be used for the 
work of said corporation in scientific research relative to 
weather observations, rendering assistance to persons climb- 
ing Mount Washington and for other work of said corpora- 
tion. Said sums shall be paid out upon warrant of the gover- 
nor and council and shall be a charge upon money in the 
treasury not otherwise appropriated. 

[Approved March 7, 1939.] 



CHAPTER 234. 

JOINT RESOLUTION IN FAVOR EASTERN STATES EXPOSITION. 

Whereas, the torrential storm and hurricane occurring 
during the week of September 18-24, 1938, when the Eastern 
States Exposition was being held, which caused a loss of the 
normal income approximating $175,000, thereby making it 
practically impossible to carry on the work of this great New 
England educational and industrial institution unless approxi- 
mately $80,000 be supplied to make possible its continuance 
and future operation, and 



380 Chapter 235 [1939 

Whereas, the state of New Hampshire owns a magnificent 
building approximating a cost value of $80,000, located upon 
the grounds of the said Eastern States Exposition at West 
Springfield, Massachusetts, said building annually used for 
approximately four months during the year as an outpost of 
friendliness arid sentinel of good will to tourists and others 
seeking information about the state's recreational, agricultural 
and industrial resources, and as a place to exhibit the products 
of the farms, factories and scenic attractions of the state, and 

Whereas, a quota of $5,000 of public funds is being 
solicited from the state of New Hampshire to help in this 
emergency and safeguard the state's interest and investment, 
therefore, be it 

Be it enacted 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 the purpose of aiding in repairing 
the damage done to the said Eastern States Exposition, and 
assuring its continued operation in the interest of New Eng- 
land and particularly in the interest of New Hampshire's in- 
vestment therein. The governor is hereby authorized to draw 
his warrant for said sum out of any money in the treasury 
not otherwise appropriated. 

[Approved April 19, 1939.] 



CHAPTER 235. 

JOINT RESOLUTION IN FAVOR OF MRS. LESTER M. AVERY. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer be directed to pay to Mrs. Lester 
M. Avery, widow of the late Lester M. Avery, the balance of 
salary due said decedent as a member of the house of repre- 
sentatives. 

[Approved April 19, 1939.] 



1939] CHAPTERS 236, 237, 238 381 

CHAPTER 236. 

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 nine thousand dollars ($9,000) be and 
hereby is appropriated to replace and repair buildings, appur- 
tenances and grounds owned by the New Hampshire Veterans' 
Association at The Weirs damaged and destroyed by the storm 
of September 21, 1938. Said appropriation shall be expended 
by a suitable agent to be appointed by the governor and coun- 
cil, and the governor is authorized to draw his warrant for 
the payment of said sums out of any money in the treasury 
not otherwise appropriated. 

[Approved May 2, 1939.] 



CHAPTER 237. 

JOINT RESOLUTION IN FAVOR OF ROBERT RAMIG. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two hundred dollars ($200) be and hereby 
is allowed Robert Ramig of Bedford to compensate him for 
expenses and damages incurred while employed by the state 
highway department. The sum hereby appropriated shall be 
a charge upon the highway funds. 

[Approved May 2, 1939.] 



CHAPTER 238. 

JOINT RESOLUTION RELATING TO OCCUPATIONAL DISEASES. 

Whereas, the commission appointed for the study of 
occupational diseases in New Hampshire has submitted to the 
legislature its report and 

Whereas, a further study of said diseases should be made 
in the interest of the public welfare 



382 Chapter 239 [1939 

Resolved hij the Senate and House of Representatives in 
General Court convened: 

That the governor and council forthwith appoint a com- 
mission of nine persons to study occupational diseases in this 
state. The membership of the commission shall include three 
physicians, three representatives of labor and three repre- 
sentatives of industry in this state. Its investigation shall in- 
clude a study of the types, frequency and causes of such dis- 
eases in this state, the severity and length of the disability 
occasioned thereby, methods of prevention and the adequacy 
of our compensation laws in such cases. The commission 
shall serve without pay and expense and shall report its find- 
ings and recommendations to the next legislature. 

[Approved May 16, 1939.] 



CHAPTER 239. 



JOINT RESOLUTION TO PROVIDE FOR ADDITIONAL FACILITIES AT 
THE STATE SANATORIUM. 

Resolved hy the Senate and House of Representatives in 
General Court convened: 

That the sum of eight thousand two hundred dollars 
($8,200) be and hereby is appropriated for additional facili- 
ties at the state sanatorium as follows : For X-ray appara- 
tus, the sum of two thousand dollars ; for the construction of a 
cottage for the use of the assistant physician, five thousand 
dollars, and for sheathing the inside of the recreational hall, 
one thousand two hundred dollars. The governor is hereby 
authorized to draw his warrant for said sums out of any 
money in the treasury not otherwise appropriated. 

[Approved May 17, 1939.] 



1939] Chapters 240, 241 383 

CHAPTER 240. 

JOINT RESOLUTION IN APPRECIATION OF THE WORK OF SCHOOL 

SAFETY PATROLS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the thanks of the general court of the state of New 
Hampshire be and hereby are extended to all the school 
safety patrols throughout the state for their faithfulness in 
watching over the safety of the school children in whom is 
centered New Hampshire's hope for the future, and that a 
copy of this resolution be sent to the department of education 
for transmission to the schools in the state where such school 
patrols are maintained and to the A.A.A. of New Hampshire, 
which club sponsored this movement. 

[Approved May 23, 1939.] 



CHAPTER 241. 



JOINT RESOLUTION MAKING APPROPRIATION FOR THE STATE 
PRISON FARM. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of one thousand nine hundred and fifty 
dollars ($1,950) be and hereby is appropriated for equipment 
at the state prison farm as follows : Installing heater, five 
hundred fifty dollars ($550) ; cooling equipment, six hundred 
dollars ($600) ; farm equipment, five hundred dollars ($500) 
and fencing, three hundred dollars ($300).. The governor is 
hereby authorized to draw his warrants for said sum out of 
any money in the treasury not otherwise appropriated. 

[Approved May 23, 1939.] 



384 Chapters 242, 243 [1989 

CHAPTER 242. 

JOINT RESOLUTION RELATIVE TO THE REPAIR OF THE JOHN 
STARK HOUSE IN MANCHESTER. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three thousand dollars ($3,000) be and 
hereby is appropriated and allowed Molly Stark Chapter, Inc. 
D. A. R. for making certain repairs to the John Stark house 
in the city of Manchester. The governor is hereby authorized 
to draw his warrant for said sum out of any money in 
the treasury not otherwise appropriated. 

[Approved May 24, 1939.] 



CHAPTER 243. 



JOINT RESOLUTION CONCERNING A NATIONAL PATRIOTIC REVIVAL 

PLAN. 

Whereas, the whole world, rent asunder by strife and con- 
tention, violence and intolerance, is today in a state of turmoil 
and uncertainty, marked by a titanic struggle between 
democracy and autocracy, while in this country anti- American 
forces are striving to discredit and destroy the ideals and in- 
stitutions symbolized by the American flag, and social, politi- 
cal and economic forces are combating one another ; and 

Whereas, never before in the history of the nation has 
there been greater need among our people for the unity, co- 
operation and tolerance for which our country's flag stands; 
and 

Whereas, with the stars and stripes as its emblem The 
United States Flag Association, a non-profit, non-partisan and 
non-sectarian organization incorporated under federal law 
and headed by the President of the United States as Honorary 
President General, is, with the co-operation of various groups, 
organizations and fields of activity in our national life, con- 
ducting a national patriotic revival, culminating in Flag 
Week, June eighth to fourteenth next, for the two-fold 
purpose 



1939] Chapter 244 385 

(1) of awakening our people to the dangers threatening 
our national life, thereby causing them to resolve as never 
before to uphold and preserve our country's ideals and in- 

'stitutions, and 

(2) of promoting national unity, patriotic co-operation and 
racial and religious tolerance; therefore, be it 

Resolved by the Senate and Hotise of Representatives in 
General Court convened: 

That they heartily indorse the plan for a great national 
patriotic revival, and that the governor is hereby authorized 
and requested, first, to direct the state commissioner of edu- 
cation to arrange for the suitable observance of Flag Week in 
all the public schools, and, secondly, to issue a proclamation 
calling upon the state officials to display the United States 
flag on all state buildings during Flag Week, and inviting 
the people of the state to fly the flag at their homes and other 
suitable places as well as on their cars, and that in every 
community they hold special exercises at which means shall 
be taken to give significant expression to our thoughtful love 
of America, our pride in its glorious history, our faith in its 
destiny, our devotion to its ideals and institutions and our 
determination to uphold and preserve them now and forever. 

[Approved May 31, 1939.] 



CHAPTER 244. 



JOINT RESOLUTION FOR SECURING AND HOLDING IN NEW HAMP- 
SHIRE THE 1942 SKI FEDERATION WORLD 
CHAMPIONSHIPS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the governor, with the advice and consent of the coun- 
cil, appoint an advisory committee to consider the advisability 
and possibility of securing for and holding in New Hampshire 
the 1942 International Ski Federation World Championship 
and to work with the National Ski Association of America for 
that purpose. The sum of three hundred dollars is hereby 
appropriated for the purposes hereof and the governor is 



386 Chapters 245, 246 [1939 

hereby authorized to draw his warrants for said sum out of 
any money in the treasury not otherwise appropriated. 
[Approved June 2, 1939.] 



CHAPTER 245. 

JOINT RESOLUTION IN FAVO^ OF GORDON F. HARRIS OF WARNER. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand one hundred and ten dollars 
and thirty-six cents ($2,110.36) be and hereby is appropriated 
for the following purposes : One hundred and twenty dollars 
($120) to Dr. Robert 0. Blood, ten dollars ($10) to Dr. 
Thomas J. Halligan, twelve dollars and fifty cents ($12.50) to 
Dr. Lloyd H. Cogswell for medical services for Gordon F. 
Harris of Warner, ninety-one dollars and eighty-six cents 
($91.86) to said Gordon F. Harris for expenses incurred by 
him for medical and hospital care, due to an injury suffered 
by him, July 27, 1937, resulting from an accident on the firing 
range used by the 172nd Field Artillery of the N. H. National 
Guard in the town of Salisbury; and forty dollars ($40) per 
month be paid to Gordon F. Harris until a total of one thou- 
sand eight hundred and seventy-six dollars ($1,876) has been 
paid to compensate him for loss of income and permanent in- 
jury; said monthly payments to be made through the office of 
the state treasurer. The sums hereby appropriated shall be 
in full settlement of said claims and the governor is hereby 
authorized to draw his warrant for said sums out * of any 
money in the state treasury not otherwise appropriated. 

[Approved June 2, 1939.] 



CHAPTER 246. 

JOINT RESOLUTION IN FAVOR OF ERNEST MOORE. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of three hundred and fifty dollars ($350) 
be and hereby is appropriated to Ernest Moore of Rye for 



1939] Chapters 247, 248 387 

damage to his motor vehicle and personal injuries, said ex- 
penses being the result of an accident caused by a cave-in on 
the Ocean Boulevard in the town of Rye, February 27, 1939. 
The sum hereby appropriated shall be in full settlement of 
said claims and shall be a charge upon the highway funds. 
[Approved June 2, 1939.] 



CHAPTER 247. 

JOINT RESOLUTION IN FAVOR OF EVERETT HUNNEWELL. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of sixty-nine dollars be and hereby is appro- 
priated to Dr. C. L. Smart, of Laconia, one hundred forty 
dollars to Laconia Hospital, of Laconia, and seven hundred 
ninety-one dollars to Everett Hunnewell, for reimbursement 
for expenses sustained as a result of accidental injury to said 
Everett Hunnewell in New Hampton while working for the 
state highway department on Shingle Camp hill, so called, on 
February 10, 1938. Said sum shall be a charge upon the 
highway funds and shall be in full settlement of any claim for 
said accident by said Everett Hunnewell. 

[Approved June 13, 1939.] 



CHAPTER 248. 



JOINT RESOLUTION FOR A MEMORIAL WORK OF THE SESQUICEN- 
TENNIAL OF THE FEDERAL CONSTITUTION. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) be and 
hereby is appropriated for the compilation and publication of 
a memorial work commemorating New Hampshire's part in 
the federal constitution and its sesquicentennial celebration. 
Said sum shall be expended under the direction of the gover- 
nor and council ; provided that said publication shall include a 
reprint of the first one hundred and twenty pages of "History 
of New Hampshire Convention" by Joseph B. Walker, pub- 



388 Chapters 249, 250 [1939 

lished in 1888. All copies of the work to be published here- 
under shall be sold for such sums as the governor and council 
shall determine and all receipts from said sale shall be turned 
into the general funds of the state; provided, however, that 
one copy of the work shall be sent free of charge by the secre- 
tary of state to each free public library established under the 
laws of the state of New Hampshire. The governor is hereby 
authorized to draw his warrant for the sum hereby appro- 
priated out of any money in the treasury not otherwise appro- 
priated. 

[Approved June 13, 1939.] 



CHAPTER 249. 

JOINT RESOLUTION IN FAVOR OF JOSEPH CARON. 

Whereas, in 1908 there was turned into the state treasury 
the amount of forty-seven dollars and thirty-eight cents 
($47.38) from the Nashua Savings Bank as unclaimed, a de- 
posit belonging to Joseph Caron of Nashua, and 

Whereas, the said deposit escheated to the state before it 
was claimed by the said Joseph Caron, now, therefore, 

■Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of forty-seven dollars and thirty-eight cents 
($47.38) be allowed and paid to Joseph Caron of Nashua. The 
governor is hereby authorized to draw his warrant for said 
sum out of any money in the treasury not otherwise appro- 
priated. 

[Approved June 13, 1939.] 



CHAPTER 250. 

JOINT RESOLUTION IN FAVOR OF EMMA S. MCGIRR. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the state treasurer be and hereby is directed to pay to 
Emma S. McGirr, widow of the late George F. McGirr of Con- 



1939] Chapters 251, 252 389 

cord, duly elected member of the house of representatives, the 
sum of two hundred dollars. 
[Approved June 13, 1939.] 



CHAPTER 251. 

JOINT RESOLUTION IN FAVOR OF HARRY S. TAYLOR. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the following sums be allowed and appropriated in 
connection with injuries* sustained by Harry S. Taylor of 
Salisbury, v/hile employed at the State Nursery by the 
forestry and recreation department, November 30, 1936, said 
accident being due to the explosion of a blasting cap : Dr. A. 
A. Beaton, eighty-two dollars ($82) ; Dr. James S. Shaw, 
fifteen dollars ($15) ; Dr. R. A. Hernandez of Laconia, ten 
dollars ($10) ; Dr. Greenwood of Boston, ten dollars ($10) ; 
Eye Clinic of Hanover, ten dollars ($10) ; travelling expense, 
twenty-eight dollars and ten cents ($28.10) ; and that the sum 
of seventeen hundred dollars ($1,700) be allowed said Harry 
S. Taylor to compensate him for loss of vision of one eye 
caused by said accident. The governor is hereby authorized 
to draw his warrant for said sums out of any money in the 
treasury not otherwise appropriated and it shall be in full 
settlement of said claims. 

[Approved June 15, 1939.] 



CHAPTER 252. 

JOINT RESOLUTION IN FAVOR OF FRED D. PARSONS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five hundred dollars ($500) be and hereby 
is allowed Fred D. Parsons of Rye to reimburse him for 
damages suffered by him of standing timber, young trees and 
seedlings by a fire which originated on the adjoining property 
belonging to the state of New Hampshire. The governor is 
hereby authorized to draw his warrant for said sum out of 



390 Chapters 253, 254 [1939 

any money in the treasury not otherwise appropriated, and it 
shall be in full settlement of said claim. 
[Approved June 15, 1939.] 



CHAPTER 253. 



JOINT RESOLUTION MAKING AN APPROPRIATION FOR THE CON- 
STRUCTION AND EQUIPMENT OF A PIGGERY AT THE 
STATE PRISON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of two thousand dollars ($2,000) be and 
hereby is appropriated for the construction and equipment 
of a piggery for the state prison. The governor is hereby 
authorized to draw his warrants for the sum hereby appro- 
priated out of any money in the treasury not otherwise 
appropriated. 

[Approved June 15, 1939.] 



CHAPTER 254. 



JOINT RESOLUTION PROVIDING SPECIAL EMERGENCY APPROPRIA- 
TIONS FOR FOREST FIRE PROTECTION. 

Whereas a state of fire emergency exists in many parts of 
New Hampshire as a result of down timber, slash and debris 
caused by the hurricane of September 21, 1938 and 

Whereas the federal government through the organization 
of the New England Forest Emergency and Northeastern 
Timber Salvage Administration, and with the services of the 
Civilian Conservation Corps, the Works Progress Adminis- 
tration, the Agricultural Conservation Program and other 
agencies is rendering invaluable aid to the state, towns and 
landowners and spending large sums thereby in preventing 
the future spread of forest fires by clearing the brush from the 
roadsides, near buildings and other places of particular im- 
portance, as well as in salvaging merchantable down timber 
which helps to reduce the fire hazard, and co-operating in 
other ways with the state in fire prevention and control, and 



1939] Chapter 254 391 

Whereas the major objectives of the federal services in 
forest iire protection are the reduction of fire hazard by clear- 
ing areas of slash from fallen timber and when needed, supple- 
menting local facilities in suppression of extraordinary fires, 
leaving to the state the basic responsibility to support and 
strengthen its own system of forest fire protection in order 
to more adequately meet the emergency situation which has 
arisen, therefore, be it 

Resolved hy the Senate and House of Representatives in 
General Court convened: 

That the sum of one hundred thousand dollars ($100,000) 
is hereby appropriated and made available for the period from 
the date of the passage hereof until June 80, 1941, said sum 
to be expended by the forestry and recreation department, 
with the approval of the governor and council, (1) thirty 
thousand dollars ($30,000) for the state's portion of expenses 
of fighting forest and brush fires as provided by sections 23 
and 26 of chapter 191 of the Public Laws, as amended by 
chapter 133, Laws of 1929, and (2) seventy thousand dollars 
($70,000) to provide additional administrative assistance, 
patrol by the state and in co-operation with the towns and 
other agencies, services of fire wardens on inspection and 
other preventive work, fire plans, maps and materials for edu- 
cational programs, operation and maintenance of extra fire 
lookout stations and telephone lines, aid to towns in securing 
adequate tool supplies for fire fighting purposes, state power 
pumps and hose for use of groups of towns, trucks fully 
equipped for general emergency calls and such other 
materials, supplies, equipment and services as may be needed. 
An additional sum of eight thousand dollars ($8,000) is here- 
by appropriated and made available for the period from 
July 1, 1939, to January 1, 1940, to be expended by the 
forestry and recreation department, with the approval of the 
governor and council, for continuing the emergency timber 
salvage advisory work in the public interest. The governor 
is hereby authorized to draw his warrants for the sums hereby 
appropriated out of any money in the treasury not otherwise 
appropriated. 

[Approved June 15, 1939.] 



392 Chapters 255, 256 [1939 

CHAPTER 255. 

JOINT RESOLUTION IN FAVOR OF WILLIAM KASKONAS. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of five hundred and eighty-seven dollars and 
forty cents ($587.40) be and hereby is appropriated and 
allowed William Kaskonas of Dunbarton for injuries he re- 
ceived in November, 1937, while in the employ of the state 
highway department and the sum of seventy-two dollars 
($72) be allowed Dr. Robert J. Graves for services to said 
William Kaskonas in connection with said injuries. The sums 
hereby appropriated shall be a charge upon the highway 
funds, and shall be in full settlement of said claims. 

[Approved June 15, 1939.] 



CHAPTER 256. 

JOINT RESOLUTION IN FAVOR OF THE TOWN OF HOOKSETT. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of eight hundred eighty-one dollars and 
eighty-one cents ($881.81) be and hereby is appropriated and 
allowed to reimburse the town of Hooksett for disbursements 
made on account of Alvin Heath who was injured April 28, 
1938, while employed by the state in fighting a forest fire. 
That the sum of two thousand dollars ($2,000) be allowed 
said Alvin Heath, to be paid monthly at the rate of forty 
dollars ($40) per month. The governor is hereby authorized 
to draw his warrants for said sum out of any money in the 
treasury not otherwise appropriated, and it shall be in full 
settlement of said claims. 

[Approved June 15, 1939.] 



1939] Chapters 257, 258, 259 393 

CHAPTER 257. 

JOINT RESOLUTION IN FAVOR OF CHARLES HASHIM. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of one thousand dollars ($1,000) be and 
hereby is allowed and paid to Charles Hashim of Derry to 
reimburse him for damages arising out of a condemnation 
proceeding instituted by the state board of health. The gover- 
nor is authorized to draw his warrant for said sum out of 
any money in the treasury not otherwise appropriated. 

[Approved June 16, 1939.] 



CHAPTER 258. 

JOINT RESOLUTION IN FAVOR OF H. W. HILLIER OF LANCASTER. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of seventeen hundred dollars ($1,700) be 
allowed and paid to H. W. Hillier for personal injuries 
sustained by him while employed by the state highway de- 
partment at Dalton, March 9, 1938, occasioned by the prema- 
tura explosion of dynamite. Said sum shall be a charge up- 
on the highway funds and shall be in full settlement of said 
claim. 

[Approved June 16, 1939.] 



CHAPTER 259. 

JOINT RESOLUTION IN FAVOR OF CLYDE HUDSON. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of four thousand three hundred and two 
dollars and forty-five cents ($4,302.45) be and hereby is 
appropriated for the following purposes: The sum of one 
thousand dollars to Clyde Hudson of Grantham; Donald C. 
Moriarty, M. D., Newport, fourteen dollars ; Hitchcock Clinic, 
Hanover, Dr. Tyson, two dollars; Mary Hitchcock Hospital, 



394 Chapter 260 [1939 

Hanover, three hundred and three dollars and forty-five cents ; 
M. C. Kiniry, R. N., Woodstock, Vt., one hundred and forty 
dollars; Mary Carmichael, R. N., Hanover, sixty dollars; 
Francis Cacioppo, R. N., Hanover, twenty-five dollars; Mrs. 
Francis Brown, R. N., Hanover, eighty-seven dollars and fifty 
cents, Bertha V. Colby, R. N., Hanover, seventeen dollars and 
fifty cents and Thelma Bushway, R. N., Norwich, Vt., thirteen 
dollars, expenses on account of an accident suffered by said 
Clyde Hudson while working for the state on the state high- 
way on November 14, 1938; and in addition to the above sum 
to Clyde Hudson the sum of two thousand six hundred and 
forty dollars is hereby allowed said Clyde Hudson, to him or to 
his wife, if living, to be paid in weekly installments of eight 
dollars and eighty cents per week for three hundred weeks, 
from November 14, 1938. The sums hereby appropriated 
shall be in full settlement of said claims and shall be a charge 
upon the highway funds. 
[Approved June 16, 1939.] 



CHAPTER 260. 

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. 
Lakeman, sergeant-at-arms, be allowed the sum of $652.50 
each; that H. Raymond Danforth, chaplain, be allowed the 
sum of $568 ; that Harold Fournier, custodian, be allowed the 
sum of $592; that Lenne C. Twombly, Harry S. Yeaton, 
Clifton B. Tarlson, Sherman L. Greer, William W. Allen, 
doorkeepers, be allowed the sum of $568 each ; that Edwin P. 
Jones, warden, be allowed the sum of $568; that Edgar E. 
Jacques, warden, be allowed the sum of $568; that Herbert 
M. Thyng, messenger, be allowed the sum of $512 ; that Ben- 
jamin H. Bragg, Cowling Hilton, messengers, be allowed the 
sum of $560 each; that William P. Haselton, messenger, be 
allowed the sum of $580 ; that Paul Amos Mansur, messenger, 
be allowed the sum of $580; that Robert L. Stark, speaker's 
page, be allowed the sum of $426; that Herbert S. Currier, 
Maurice Oleson, Carl Parsons, Bruce Singleton, William Geni- 



1939] Chapter 261 395 

matas, pages, be allowed the sum of $355 each; that Palmer 
C. Read, judiciary messenger, be allowed the sum of $568; 
that Cyril J. Fretwell, clerk of the house, be allowed the sum 
of $500; that Benjamin F. Greer, clerk of the senate, be 
allowed the sum of $500 ; that Percy S. Congdon, assistant 
clerk of the house, be allowed the sum of $500 ; that Frank M. 
Ayer, assistant clerk of the senate, be allowed the sum of 
$500; that Alice V. Flanders, house stenographer, be allowed 
the sum of $1,136; that Bessie A. Callaghan, senate stenog- 
rapher, be allowed the sum of $1,136 ; that Marion C. Colby, 
Frances C. Barnard, house stenographers, be allowed the sum 
of $852 each; that Ruth Cotton, senate stenographer, be 
allowed the sum of $852; that Thelma K. Budway, judiciary 
stenographer, be allowed the sum of $781; that Eleanor C. 
Brown, appropriations stenographer, be allowed the sum of 
$710; that Frances A. Hall, senate stenographer, be allowed 
the sum of $710; that Marion G. Alexander, legislative ad- 
visor, 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 $2,922.45. 

The above-mentioned sums shall be a charge upon the 
legislative appropration. 

[Approved June 16, 1939.] 



CHAPTER 261. 

JOINT RESOLUTION IN FAVOR OF THOMAS J. CALLAHAN. 

Resolved by the Senate and House of Rejjresentatives in 
General Cou7't convened: 

That the sum of one thousand five hundred and fifty-four 
dollars and fifty-seven cents ($1,554.57) be and hereby is 
appropriated as follows : The sum of five hundred dollars 
($500) to be allowed and paid to Thomas J. Callahan to com- 
pensate him for injuries suffered by him while working for 
the state highway department on the repair of the Durham 
road, so called, in the city of Dover on March 26, 1936; the 
sum of three hundred and thirty-six dollars and seven cents 
($336.07) be allowed and paid to Elliot Hospital, Manches- 
ter ; the sum of one hundred and seventy-six dollars and fifty 
cents ($176.50) be allowed and paid to the Wentworth 



396 Chapter 262 [1939 

Hospital, Dover, and the sum of five hundred and forty-two 
dollars ($542) be allowed and paid Dr. E. A. Jones, Man- 
chester, said bills having been contracted for by said Thomas 
J. Callahan on account of said accidents. The sums hereby 
appropriated and allowed shall be in addition to the compen- 
sation heretofore and hereafter to be allowed said Thomas J. 
Callahan from the highway department as workmen's com- 
pensation for said injuries, shall be a charge upon the highway 
funds and shall be in full settlement of the above claims. 
[Approved June 17, 1939.] 



CHAPTER 262. 



JOINT RESOLUTION IN FAVOR OF JAMES F. DONAHUE AND 
GEORGE C. HAMLIN. 

Resolved by the Senate and House of Representatives in 
General Court convened: 

That the sum of six thousand four hundred dollars be and 
hereby is allowed and appropriated to compensate James F. 
Donahue and George C. Hamlin both of Bartlett in the county 
of Carroll, doing business as Donahue & Hamlin for develop- 
ing the Willey House in Crawford Notch and turning over to 
the state thirty-four buildings consisting of restaurant, store, 
laundry and cabins, a water system delivering water to all 
buildings, an electric light plant for the manufacture and 
transmission of electricity to the thirty-four buildings, clear- 
ing of land of rocks, trees and stumps to make possible the 
erection of thirty-four buildings, road construction on the 
mountain side. The governor is hereby authorized to draw 
his warrant for said sum out of any money in the treasury 
not otherwise appropriated. The sum herein appropriated 
shall be in full settlement of all claims which the said James 
F. Donahue and George C. Hamlin or Donahue & Hamlin, 
Inc. may have against the state of New Hampshire or the 
forestry and recreation commission arising out of the leases 
and occupation of the said Willey House property. 

[Approved June 17, 1939.] 



1939] Chapter 263 397 

CHAPTER 263. 

NAMES CHANGED. 

From January, 1937, to January, 1939, the registers of pro- 
bate returned to the secretary of state the following changes 
of names made by the probate court : 

Rockingham County — Marion Amelia Allison to Marion 
Amelia Ewer; William Edward Allison to William Edward 
Ewer; Eva M. Hartford to Eva M. Thibeault; Baby Patterson 
to Nancy Neal; Jean Courser to Jean Courser Morrill; Jean 
Courser Morrill to Jean Ann Morrill ; Maurice Kelley to Robert 

Franklin Kelley ; Gertie to Gertie Kuntz ; Joseph Rocker, 

3rd to Thomas Barr Rocker ; Barbara J. Dockham to Margaret 
Rose Peterson; Richard S. Prescott to Wilfred Rowland Kim- 
ball; Shirley Adams Davis to Walter Adams Davis; William 
Richard Anthony to William Richard Dennison; Pluma Jane 
Boyd to Pluma Jane Fowler; Virginia Andrea Boyd to 
Virginia Andrea Fowler; Athanasios Aristides Marinopoulos 
to Arthur Marinos; Carrie W. Carlson to Carrie W. Raynes; 
Mary Ann Rogers to Elaine Frances Stevens; Veronica Nora 
O'Connor to Veronica Nora Critchley ; Earl Jenvin Batchelder 
to Erie Nathaniel Priest; Phillip Burton Gough to Joseph 
Phillips Grave; Phillip Gerald Croft to Phillip Gerald Schu- 
bert ; Riccardo Raff aele Papasotero to Ralph Rosa ; Barbara M. 
Whiteaker to Barbara Mae Brown ; Gloria Elaine Cookson to 
Nancy Rouner; George Oliver Cookson to Lucius Henry Chap- 
pell; David Mills Lawrence to Donald Guy Berry; Impi Jack- 
son to Sally Ellen Scott; Edward Timothy Dwyer to Stephen 
Nathaniel Roberts ; Anthony Andreus Coelho to Anthony An- 
drews ; Elizabeth Andreus Coelho to Elizabeth Andrews ; John 
Andrews Coelho to John Andrews ; Walter Andrews Coelho to 
Walter Andrews; Mooney or Mendal Wexler to Murray Wex- 
ler; Lizzie Hill Downing Hartford to Elizabeth Hill Downing 
Hartford; Shirley Carol Dame to Shirley Carol Keller; 
William Litch Harrigan to William Litch Peek ; Priscilla Locke 
to Priscilla Gorman; George Albert Locke to George Albert 
Gorman; Mrs. Ruth L. Fitts to Miss Ruth T. Lane; Reginald 
Jacques to Wallace Reginald Jacques; Baby Quigley to Joan 
Rosaline Berry; George Grace to Joseph Richard Grace; 
Dorothy Elinor Conrad to Dorothy Elinor Seavey. 



398 Chapter 263 [1939 

Strafford County — Sheldon Harold Halpert to Sheldon 
Harold Cook; John Herbert Moulton to John Herbert Carpen- 
ter; Nancy E. Pillsbury to Nancy E. Buswell; Samuel Rug- 
giero to Samuel Rogers; Leonel Wilfred Deschants to Leonel 
Wilfred Fields; Marjorie L. Pickering to Marjorie L. Char- 
rette; Lona EfRe Burgess to Lona EfRe McNeil; Richard 
Augustus McKay to Richard Augustus Donlon; Deborah May 
Morse to Deborah May Small; Everett Gordon Galloway to 
Everett John Galloway; Alberta May Nielsen to Yvonne May 
Aspinall ; Mary Lora Estes to Mary Lora Dunlap ; Grover New- 
bury to George Grover Newbury; Francis Joseph Crawford to 
Francis Joseph Carpenter; Joan Beverly Ostler to Joan 
Beverly Cassell; Roland Henry Drouin to Roland Henry 
Therrien ; Jeannette Lefebvre to Jeannette Antoinette Brady ; 
Mary-Rose Rachel Houle to Mary-Rose Rachel Vezeau; Janet 
Louise Mackey to Janet Louise Burleigh ; Edvill B. Dowling to 
Edvill B. Howland ; Paul R. Geary to Paul R, Bowden ; Barbara 
R. Geary to Barbara R. Bowden; Beverly E. Geary to Beverly 
E. Bowden; June Lorraine Huntsman to June Lorraine 
Deveau; Richard Gaffney to Richard Croft; Alice Irene Pois- 
son to Alice Irene Fisher; Florence L. Poisson to Florence 
Louise Fisher; Brenda O. Poisson to Brenda Ora Fisher; Ora 
M. Poisson to Ora Mary Fisher; Roland J. Poisson to Roland 
John Fisher; Robert Eugene Unglaub to Robert Eugene Dolph; 
Adolf Elias Unglaub to James Elias Dolph; Anna Katherine 
Unglaub to Anna Katherine Dolph; Jacqueline Joan Christie 
to Jacqueline Joan Christie Butterfield; Robert Morton 
Christie to Robert Morton Christie Butterfield; Shirley 
May Smart to Shirley May Peck; Ethel M. Bough to Ethel 
M. Whitehouse ; Roberta Strafford Keller to Roberta Strafford 
Cassell; Helen Elizabeth Bough to Helen Elizabeth Caldwell; 
Marilyn Barbour to Geneva Marilyn Wentworth ; Helen Louise 
Londo to Natalie Lorraine Jenness ; Pauline Gagnon to Pauline 
Dubois; Roland Gagnon to Roland Dubois; June Gagnon to 
June Dubois; Aurel Gagnon to Aurel Dubois; Winifred 
Dorothy Tappan to Winifred Dorothy Knapp; Russell Edward 
Londo to Russell Edward Ellis; Bertha Hayes Atwood to 
Bertha Guernsey Hayes; George Paul Gray to William Edgar 
Gray, Jr.; Loretta Lorraine Trahan to Loretta Lorraine 
LaFrance. 



1939] Chapter 263 399 

Belknap County — Glenna M. Estey to Glenna M. Buchanan; 
Lenona Elizabeth Huston to Leona EHzabeth Perry; Romeo 
De Blois to Romeo Richard De Blois; George F. Merrill to 
George Frederick Derby ; Lorenzo A, Morin to Lorenzo Joseph 
Morin; Roselle M. Huntington to Roselle M. Torrey; Charles 
Henry Scott, Jr. to Charles Henry Morse. 

Changed by adoption: Russell Emile Clairmont to Russell 
Emile Boissoneault ; Gladys Perkins Bickford to Gladys 
Sargent Bickford; Foster E. Varrell to Foster E. Varrell; 
George Walter Varrell to George Walter Varrell; Marjorie 
Woodward to Marjorie Woodward Ives; Priscilla Johnson to< 
Priscilla Gurney; Germaine Prince to Germaine Prince; 
Napoleon Prince to Paul Prince; Anthony Joseph Bisson to 
Anthony Joseph Dupuis; Mary Jane Brosseau to Mary Jane 
Deslandes; Betty Caroline Fogg to Betty Caroline Cass;- Bar- 
bara Louise Parsons to Barbara Louise Wheeler; Clifton 
William Reardon to Clifton William Fogg; Stuart D. Phillips 
Stetson to Stuart D. PhilKps Stetson ; Edmund F. MacQuarrie 
to Edmund Francis Fields; Robert James Breck to Charles 
0. Hopkins; Robert George Wallace to Robert George Casey; 
Sampson to Cynthia Colby. 

Carroll County — Julia F. Davis to Julia F. Garland; Ells- 
worth Smith Ervine to Kenneth Grafton Evans; Earle Joseph 
Hilliard to John Leslie Taylor; Linnie Marie Mayott to Linnie 
Marie Thompson; John Frederick McLellan to John Frederick 
Starrett; Irving Howard Eaton to Richard Howard Charles; 
Leon E. Harriman to Ernest Carleton Bogle; Selma Fay 
Harriman to Fay Elizabeth Bogle ; Earl Francis Chase to Earl 
Francis Hagar; Kirk P. Brewer to Kirk P. Read; Helen E. 
Floyd to Helen E. Herrick; Barbara M. Floyd to Barbara M. 
Herrick; Joseph Beauchemin to Arthur Joseph Bushman; 
Louise Beauchemin to Bertha Louise Bushman; Robert John 
Beauchemin to Robert John Bushman; Willis L. Lemorn to 
Willis Lemwood Nason; Levon Henry Takesian to Levone H. 
Takesian Fairbanks; Tobia Blake Brownrigg to Tobia Blake 
Brownrigg Goodson ; Tuleta Tutt to Joan Zita Tutt. 

Merrimack County — Rosie M. Ireland to Rosie M. Jones; 
Ralph Withey to Harry Onley Lewis; Robert S. Borras to 
Robert L. Fickett; Everet Joseph Thayer to Everett Joseph 
Mozier, Jr. ; E. Paul O'Connell to E. Paul Roberts ; John 
William Zalanskas to John William Zorn; Paul Douglas 



400 Chapter 263 [1939 

deLahunta to Alexander deLahunta ; Emily May Otto to Emily 
May Radcliffe Otto; Winifred Jewell to Winifred Bean; 
Bertie C. Tilton to Bert C. Tilton; Lois H. Holmes to Lois H. 
Heath; Kachadoor Kachadoorian to Benjamin Kane; Harry 
Lugsch to Harry Lugsch Wisner; Matthew F. Oliver to 
Matthew Frank Brown; Ibar Robert Derosier to Ibar Robert 
Lord; Woodrow John Derosier to Woodrow John Lord; 
Catherine J. Jenvey Lindsey to Catherine J. Jenvey ; Dorothea 
Cecilia Marie Chenette to Dorothy Cecilia Marie Chenette; 
Alpha Metivier to Alfred Metivier; Frederick L. Lancisi to 
Frederick L. Lancey; Marion B. Lancisi to Marion B. Lancey; 
Nella D. Lancisi to Nella D. Lancey; Robert F. Lancisi to 
Robert F. Lancey; Dale Miner to Dale Miner Blandin; Mabel 
R. Dow to Mabel R. Scott ; Arthur LaMora to Arthur Lamour- 
eux ; Louise C. Whipple to Louise C. Guptill. 

Changed by adoption — Roger Chouinard to Roger Chouinard 
Leblanc; Harold Everett Thurber to Harold Everett Boulay; 
"Baby" Bergstrom to John Sanderson; Ronald Allen Barklay, 
Jr. to Ronald Allen Charles; Nancy Ann Files to Nancy Ann 
Files Gilson; Raymond Russell to Raymond Russell Marden; 
Charles P. Bessette to Charles Parker Corson; Jannette 
Nadeau to Jannette Couturier; William Marinelli to William 
LaClair; Lawrence Theodore Pero to Paul Arsenault; Barbara 
Elizabeth Adams to Barbara Elizabeth Reed; Shirley Belle 
Adams to Shirley Belle Reed; Virginia Belleveau to Clara 
Louisa Boutelle; "Baby" Hill to Roger Lewis Whiting; Stuart 
Sanborn to Clarence Miles Boutelle ; Priscilla Velma Brideau to 
Priscilla Velma Gosselin; Hilma Mae Jewett to Alice Ann 
Corbin; Paul Frederick Hoyt to Paul Frederick Clark; Janet 
Guertin to Beverly Janet Yeo; Katherine Odell Adkins to 
Katherine Odell Green; Marjorie Mae Murphy to Marjorie 
Mae Joyce; Elsie Margaret Bacon to Elsie Margaret Allen; 
"Baby" MacDonald to Richard Lawrence Sanderson; Dennis 
John Croft to Peter Blaisdell; Sylvia Pearl Fogg to Sylvia 
Pearl LaRochelle; Barbara Jeanne Hartman to Barbara 
Jeanne Comolli; Caroline Atta Smith to Patricia Ann Mundy; 
Roberta Goddard to Natalie Ann Clough; Donald Francis 
Savage to Donald Francis Savage Durost; Carl Edward Bent 
to Carl Edward Williams. 

Hillsborough County — Madeline Longeran to Madeline Hill ; 
Hector Maclsaac to Hector Homoleski; Eva Chatrai or 



1939] Chapter 263 401 

Charter to Eveline Richer; Barrel Lamora to John Francis 
Lamora; Leopold Norton Booth to Lee Norton Booth; Joseph 
G. Biron to Joseph Larion; Lucien Raoul Beaulieu to Richard 
Liicien Beaulieu; George Albert Michaud to George Albert 
Graham; Diogenes Lioliopoulos to Daniel Lylis; Beatrice Ann 
Silva to Beatrice Ann Byam ; Cecile B. Caron to Cecile Lorette 
Beaudet; Ernest William Charland to Ernest William Blake; 
Ida Lubin to Gussie Talent; Doris Glines Belmont to Doris 
Glines; Humphrey Edward DeSchuiteneer to Humphrey Ed- 
ward Scannell; August DeSchuiteneer to August Scannell; 
August Edward DeSchuiteneer to Edward August Scannell; 
Julia Christina DeSchuiteneer to Julia Christina Scannell; 
Frank C. J. Dziadosz to Frank C. J. Jadosz ; Charles Przybyla 
to Charles Prisby; Joseph H. Barbeau to Joseph Belief euille ; 
David Bernard Kaufman to David Kay; Peter H. Tsourides 
(Sourides) to Peter H. Landis; Stanley Kwiatek to Stanley 
K. Flower ; Emerson Smith to Edward Emerson Smith ; Joseph 
Pierre Menard to Joseph Pierre Maynard; William Henry 
Martin to William Henry Parker; Joseph Paul Emile Des- 
Groseilliers to Paul Robinson DeGross; Alfred H. Raza to 
Alfred H. Ranger; Edward A. Raza to Edward A. Ranger; 
George A. Raza to George A. Ranger; Aime Raza to Aime 
Ranger; Doris C. Loughlin to Doris Charlotte McAuliffe; 
Roberta Gervais to Roberta Germas; Robert W. Perdue to 
Robert W. Hunter; Alfreda Joan Warcholik to Alfreda Joan 
Walker; Charles Karanikas to Charles Kearns; Alphonsine 
Goulet to Alphonsine Larochelle; Kimon Basil to Kimon Vasi- 
liou; Theologia Lioliopoulos to Theo Lylis; Tanous Seibaha to 
Tanous Seibaha Saad; John Papalevizopoulos or Papalevizos 
to John A. Papp; Helen Papalevizou to Helen Papp; James 
Papalevizou to James Papp; George Papalevizou to George 
Papp; Catherine Papalevizou to Catherine Papp; Alexandra 
Papalevizou to Alexandra Papp; Joseph Alphonse Ferland to 
Alphonse Ferland Normand; Celina Caron to Celina Rock; 
Chow Shuck Yee to John S. Yee; Panagiotis Tempelis to Peter 
Spiretos; Efthemios A. Adamopoulos to Timothy Adams; 
Angelina Macri to Angeline Mary Costantino; Hermen Henrie 
L'Homme to John Joseph Manning; Neil Stanley Hodgdon to 
Donald Hodgdon Marshall; William Argeropoulos to Antonio 
Argeropoulos ; Harold Malhoit to Wilfred Malhoit; Theodore 
Liohopoulos to Theodore Lylis; Elsie A. Coldwell to Elsie C. 



402 Chapter 263 [1939 

Doyle; Wasyl Kott to Russell Kott; Thomas McGuigan to 
Thomas Guthrie; Mabel Zeisel to Mabel J. Frost; Robert 
Wallace to Robert Wallace Boyer ; Paula Hidden to Paula A. 
Hiatt ; Adolf ena Smietana or Smeitami to Ardele Krym ; Felix 
Francis Smietana to Felix Francis Krym; John S. Caraphilakis 
to John S. Caraphil. 

Chang-ed by adoption — Richard Hayes Hickman to Richard 
Hayes Rogers; Marion S. Aldred to Marion S. Coons; J. 
Edward Aldred to J. Edward Coons; Marjorie W. Aldred 
to Marjorie W. Coons; Herbert A. Aldred to Herbert A. 
Coons; Bertha Alice Young to Alice Mae Tripp; Rita V. 
Simoneau to Marie Violette Rita Belanger; Norman 
Gabriel to Norman Gero; Richard Gabriel to Richard 
Gero; Paul Gabriel to Paul Gero; Charles J. Fournier to 
Robert Hadley Griffin ; Alice Everhart to Florence Jane Lucas ; 
Dorothy May Pepin to Dorothy May Blanch; David Keith 
Aldrich to Fred Lorraine Fottler; Robert Royal Brown to 
Robert R. Flaherty; Florence Emma Gaudette to Florence 
Emma Francoeur; Donald Bruce Signor to Donald Bruce 
Steele; Joan Yvonne Brochu to Carola Joan Travini; Aldea 
Pearle Smith to Aldea Pearle White; Beatrice Ann Collins to 
June Elaine Brown ; Adrian Glen wood Seavey to Adrian Glen- 
wood Seger ; Merritt F. Porter to Merritt Daniel Booth ; Alice 
Bacon to Rosamond Woodruff ; Robert Foster Walsh to Thomas 
Paul Bradford; Rene Andre Thibodeau to Rene Andre 
D'Amours; John J. Goonan, Jr. to John J. Dennis; Doris 
Klardie to Doris Hermsdorf; Georgette Cassista to Nancy 
Berube ; Murielle Renaud to Pauline Lauretta Lavoie ; Timothy 
John Chapman to Maurice William Godbout, Jr.; Josephine 
Mary Raymond to Kathleen Mary Mullen ; Carol Mary Sander- 
son to Carol Mary Savoy ; Baby Paquette to Maxine Ann Wain- 
wright; Jane Davenport to Jane Taylor; Janet Marion Shaw 
to Janet Marion Rogers; Theresa Ann to Theresa Ann Lafon- 
taine; Herbert Charles Blake to Herbert Charles Dallaire; 
Baby Lawson to John Lance Koenig; Ronald Baxter to Lewis 
Ronald Ashford; Robert Elude Castonguay to Robert Elude 
Cote; Joseph Alfred Gagnon to Joseph Alfred Gadbois; 
Stanley Lee Wilder to Robert Allan Vantine; Mary Margaret 
Brickley to Sonia Margaret Bernaiche; Robert Louis Sevigny 
to Robert Joseph Vachon; Huntley Joseph Tranfalia or Tran- 
faglan to Nikolaos Daskalopulos ; Marie Carol Tremblay to 



1939] ■ Chapter 263 403 

Marie Claire Rose Lemelin; William Lavallee to William Line- 
han; Baby Cloutier to Pauline Jeanne Duhamel; Faith Mc- 
intosh to Faith Fox ; June Wood to Helen Marguerite Copadis ; 
Inez Fisk to Inez Webb; Douglas P. Scanlon to Donald Cote; 
Merilyn Huckins to Merilyn Ramsdell; Leonard George Doyle 
to Ronald Herbert Noyes; Doris Lillian Othot to Marie Leona 
Claflin ; Barbara Jean Sheldon to Joan Barbara Rollins ; Yvette 
Loiselle to Yvette L. Dufort; Robert Henry Latuch to Robert 
Henry Harwood; Davena Hartford to Sandra Eastman; Leo 
Raymond Tremblay to Rodney John Colasacco. 

Cheshire County — Preksfy Bartashievick to Wilfred Barta- 
shevich ; Isakka W. Bakka to Walter John Parker ; Urho Isaac 
Maki to Earl Urho Mackey; Natalie Frances Greene to 
Natalie Frances Roberts ; Alan Proctor Greene to Alan Proctor 
Roberts; Elsie G. Carter to Elsie G. Hornig; Walter Charles 
Corey to Walter Edson Clough; Marion Dorothy Gregory to 
Marion Dorothy Lafleur; Marion Shaw Manning to Marion 
Duffy Manning; Thomas Anthony Tartaglia to Thomas 
Anthony Tyler ; Mary Heron to Shirley Ann Burgoyne ; Baby 
boy Cyr to Robert Allen Whitcomb; Marian E. Gates to 
Marian E. Lawrence; Joseph Alfred Guguy to Fred Albert 
Duguay; Robert J. Drugg to Robert J. Qualters; Marie Lib- 
barres to Helen Fotes Libbarres; Francis Metz to Francis 
Woodward ; Bernice Viola Clough to Bernice Viola Woodward ; 
Lucile W. Desgranges to Lucile Wilson Bedor; Richard 
Edmunds to Richard O. Stone; Grace Mae Stebbins 
to Shirley Grace Spencer; Louis Israel Medvidofsky to 
Louis I. Medoff; Rose G. Medvidofsky to Rose Gertrude 
Medoff ; Maurice Medvidofsky to Maurice Medoff; Marshal 
Medvidofsky to Marshall Medoff; Alexander Robertson 
James to Alexander James; James Miles to James 
Hogan Beaulieu ; Donald Koski to Donald James Allen ; Reino 
John Hakala to Reino John Hackler; Shirley May Wood to 
Shirley May Ouelette ; Lawrence Webster to George Lawrence 
Ryder; Francis Robert Stanley to Francis Robert Shulenber- 
ger; Mary Ann Pelletier to Marianne Lorena Pelletier; Betty 
Lou Mantyla to Sally Jane Knight; Cynthia May Richardson 
to Yvonne Agnes Bush way; Rosie Kazanas to Jennie John 
Kazanas; Shirley Ann Rose to Carol Ann Rose; Viola Mae 
Heald to Viola Mae Vaughn ; Dennis* Page Fuller to James 
Lewis Crandall; Jacqualine Elizabeth Payne to Jacqualine 



404 Chapter 263 [1939 

Elizabeth Davis; August Honkamaki to August Maki; Evelyn 
Belle Bowhay to Evelyn Belle Foster; Elenor Frances Hewes 
to Eleanor Frances Campbell; Francis Morris Walker to John 
Thomas Moore, Jr. ; Wahlen to Wayne Weston Faery. 

Sullivan County — Madeline Madore to Madeleine Foisy; 
Harry John Pallas to Harry John Bowles; John Henry Spatz 
to John Henry Young ; Harry W. Laprise to Harry W. Gross ; 
Alexander Meczelski to Alexander Mitchell; Bertha Parizo to 
Bertha Pariseau; Thomas Francis to Thomas Francis St, 
Clair; Alice Gertrude Plummer to Alice Gertrude Chapman; 
Ada G. Coty to Ada G. Colby; Arthur J. Mayo to Untamo 
Penttila; Arvo Armas Peltonen to Arnold Armas Peltonen; 
Roy Bunker to Roy B. Parmelee; Margaret M. Malony to 
Margaret M. Croshere; Lee Robert Richardson to Ronald 
Edward Spooner; Conrad Higgins to Laurence R, Johnson; 
Oliver A. Lemere to Levi A. Lemere; Alik Koozanovich to 
Alexander Kowzan; Merritt Anderson W^aterhouse to Merritt 
Tattrie ; George John Kukolander to George John Starr ; Marie 
Virginia Lawless to Louise Amanda Brunell; Angelina 
Jeanette Valenti to Angelina Jeanette Valenti; Catherine 
Constance Valenti to Catherine Constance Valenti; Milton 
William Ihalainen to Milton William Halainen; Kathleen 'Cel- 
larius to Kathleen Morgan. 

Grafton County — Raymond Allen Bissell to Raymond Allen 
Davio; Mathilde Brown to Mathilde Louise Skinner; Harold 
Bunce to James Wallace Lewis; Paul W. Carter, Jr. to Earl 
Sampson Howard; Edward Henry Conery to Wilfred Loren 
Smith; Leon Coty to Leon R. Saunders; Donald Courage to 
Donald Richard Noyes; Patricia Ann Doubleday to Patricia 
Ann Wolf sohn ; Bertha Ellis to Viola Priscilla Gavel ; Mildred 
Irene Gould to Mildred Irene Gould Foster; George Raymond 
Hobart to Elton William Wescott ; Barbara Rae James to Bar- 
bara James Goss ; Pauline McLellan to Pauline Angela Sweet ; 
Edward Horace Pattee to Edward Standish Pattee; Hannah 
Mary Pennock to Billie Hannah Mary Pennock; Leslie Mars- 
ton Reed to Leslie Reed Marston; Vernon Ned Trumbull to 
Vernon Ned Bergh ; Priscilla Mae Wilkins to Carlene Priscilla 
Barton; Amelia Abdelnour to Amealia Samaha; Harleem 
Abdelnour to Harleem Samaha; Lora Abdelnour to Laura 
Samaha ; Esther May Briggs to Esther Lucille Ray ; Christina 
Carr to Christina Beth Jesseman; Beverley Ann Cady to Beth 



1939] Chapter 263 405 

Ann Olsson; James Thurlow Colley to George Washington 
Ellis; Edris Davis Dzengelewski to Edris Davis Bowers; 
Stanley Edward Dzengelewski to Stanley Edward Bowers; 
Ughtree Newell Downing to Hugh Newell Downing; Marcia 
Edna Fuller to Marcia Edna Gay; Ralphie Jean Grenier to 
Robert Jean Allen; Robert Bruce Osmer to Robert Bruce 
Warcup; Murray Sargent, Jr. to Donald Ashworth Richard- 
son ; Evaline Lewis Samaha to Evelyn Samaha ; Robert Prince 
Schmohl to Robert Prince Houghton; Bertha May Schmohl to 
Bertha May Houghton; Charlotte Schmohl to Charlotte 
Houghton; Nancy Ann Stevenson to Nancy Lee Keniston; 
Margaret E. Whitman to Margaret E. Brown. 

Coos County — Junior Percival Johnson to Jon Percival 
Johnson; Everett E. Douse to Everett E. Palmer; Joseph 
Paul Hamel to Joseph Paul Bourassa; David G. Mattice to 
David G. Macloon; Edna L. Mattice to Edna L. Macloon; 
Sharon K. Mattice to Sharon K. Macloon; Francisco 
DiMaria to Frank DiMaria McGee; Clara Curtis to Claire 
Curtis; Lawrence A. Longstaff to Granville Aulis Longstaff; 
Marjorie Helen Queor to Patricia Alice Connolly; Gladys Eliza 
LaPlante to Gladys Elizabeth Hinman; Donald Edward La- 
Montagne to Donald Edward Arsenault. 



From January, 1937, to January, 1939, the registers of pro- 
bate returned to the secretary of state the following changes 
of names made by the superior court in divorce proceedings: 

Rockingham County — Thelma F. Fontenot to Thelma F. 
Hersey; Alison I. Rowe to Alison Jean Ingalls; Helen Cooney 
Hallinan to Helen Cooney; Margaret Furman to Margaret 
Rocker; Mary F. Hamblett to Mary F. Blair; Sylvia Underbill 
Dollard to Sylvia Louise Underbill; Lillian Coburn Kieve to 
Lillian Coburn Emerson; Rosa D. Morse to Rosa D. Shoulders; 
Louise H. Niescier to Louise Frances Huntoon; Mary T. 
O'Leary to Mary T. Marshall; Dorothy V. Perfect to Dorothy 
V. Emery; Isabel (or Isabella) L. M. Rogers to Isabel (or 
Isabella) L. M. Kujeske; Marion D. Wetherell to Marion Dear- 
born Clark; Marguerite A. Witham to Marguerite A. Ball; 
Harriet H. Davis to Harriet H. Harrison; Norma Emma Cold- 
well Doherty to Norma Emma Coldwell; Irene M. Martel to 
Irene M. Sinclair; Laura J. Noel to Laura J. Gauthier; 



406 Chapter 263 [1939 

Beatrice Hartford Scarborough to Beatrice Hartford; 
Josephine Davison to Josephine Guiffrida; Beatrice Shaw 
Estes to Beatrice Shaw; Jennie B. Gordon to Jennie B. Hardy; 
Harriet B. Nicholson to Harriet L. Hodgdon; Marion D. 
Wetherell to Marion Dearborn Clock; Isabelle Beatrice 
Williams to Isabelle Beatrice Thompson; Alma Mary Pelle- 
grino to Alma Mary Rainville ; Harriett B. Cleeves to Harriett 
Prescott Bell; May Belle Triplett to May Belle Moody; Ethel 
P. Uhlig to Ethel Powers ; Mertie Burrowes to Mertie Bunker 
Matthewes ; Ida M. Dunton to Ida May Tivey. 

Strafford County — Jeannette G. Wilson to Jeannette G. 
Aiken ; Isabelle Tracey Farley Schoonmaker to Isabelle Tracey 
Farley; Anne V. Folsom to Anne V. Jacobs; Yvonne M. Poulis 
to Yvonne M. Forgues; Alberta A, Roberts to Alberta A, 
Doyon; Evelyn M. Drouin to Evelyn Marie Daverio; Vivien 
M. Lagasse to Vivien M. Rothwell; Harriet E. Strachan to 
Harriet E. Hill; Doris A. Lieach to Doris A. Annis; Alexina 
Beaudoin to Alexina Plante; Ann L. Toomey to Ann L. 
Meader; Ruth A. Eastman to Ruth Atherton; Marjorie L. 
Cook to Marjorie L. Charette; Freda B. Martineau to Freda 
E. Burrows; Shirley Dickie to Shirley Pinkham; Clara May 
White to Clara May Kelley; Irma Rogers to Irma Grover; 
Emma M. Forbes to Emma M. Boulanger; Gladys Louise Tripp 
to Gladys Louise Mosely. 

Belknap County — Elizabeth Malouin to Elizabeth Wakefield ; 
Gertrude Gagne Lapierre to Gertrude Nancy Gagne; Cecile 
West Macintosh to Cecile Viola West; Elsie Staples to Elsie 
Roberge; Carrie Roy to Carrie Merrill; Dorothy Berry to 
Dorothy Belanger; Ruby B. Kimball to Ruby B. Keating; 
Emilienne L. Forrest to Emilienne L. Cormier; Mildred E. 
Wasson Chaffin to Mildred E. Wasson; Beatrice K. Riley 
Sheldon to Beatrice K. Riley. 

Carroll County — Alice E. Cheney to Alice E. Philippe; Mary 
E. Cody to Mary Monahan; Irene A. Higgins to Irene Mori- 
arty ; Katherine F. Varney to Katherine F. Corson ; Joanna M. 
Welch to Joanna M. Nickerson; Marilyn F. Brooks to Del- 
mour E. Brooks. 

Merrimack County — Minerva C. Clark to Minerva C. Nick- 
erson; Irene E. Tibbetts to Irene E. Oday ; Irene M. Houle to 
Irene M. Martel; Lillian B. Andreevski to Lillian Broadhurst; 
Geraldine H. Stewart to Geraldine Hamilton; Nora Lundeen 



1939] Chapter 263 407 

to Nora Mayhew; Priscilla Small to Priscilla Ruth Freitas; 
Irene C. Clough to Irene Bennett ; Mona . Caldwell to Mona 
Thompson; Gladys W. Burbank to Gladys May Wilson; 
Gertrude M. Hood to Gertrude M. Hodge; Blanche Gordon 
Fletcher to Blanche Gordon. 

Hillsborough County — M, Josephine Lavery to Mary 
Josephine Welch; Marie Louise Bisson to Marie Louise 
Belaire; Sylvia LaFountain Edison to Sylvia Ethel LaFoun- 
tain; Emma Charait to Emma A. Wineberg; Florence E. Sibul- 
kin to Florence Martin; Margaret Boivin to Margaret Zullo; 
Clara Martin Fitts to Clara Martin; Agnes G. Furman to 
Agnes G. Chauncey; Louise A. Barry to Louise A. Wamester; 
Alberta Rivard to Alberta Mitchell ; Donna W. Colby to Donna 
A. Whittle ; Jule Ivon to Jule Kelley ; Valeda Burelle to Valeda 
Goodhue; Thelma King Jervah to Thelma King; Elsie Doyle 
to Elsie A. Coldwell ; Jennie Giles to Jennie Kudolis ; Emilienne 
Normand Mooney to Emilienne Normand ; Delia Blaise to Delia 
Chartrand; Ethel Bourzikas to Ethel Sofatzis; Marguerite A. 
Locicero to Marguerite A. Wright; Anna H. McLaughlin to 
Anna E. Hubbard; Myra Smith Shirra to Myra Smith; Ruth 
C. Stanard to Ruth A. Christopher; Mary DeRome to Mary 
Garland; Bridget L. Allen to Bridget L. King; Mary E. Perry 
to Mary E. Emerson; Eva M. Meader to Eva M. Boisvert; 
Bessie Elizabeth Maynard Kapela to Bessie Elizabeth May- 
nard; Margaret J. Lamprinakas to Margaret J. Belrose; Mary 
A. McAllister to Mary A. McGuigan; Dorothy Elizabeth Cobb 
to Dorothy Elizabeth Kelley ; Vera J. Deeg to Vera J. Robbins ; 
Jeannette Bond to Jeannette St. Pierre ; Grace Maud McQuillan 
to Grace Maud Bowler; Dorothy Josephine Colburn to 
Dorothy Josephine Fiske; Alice A. Delehanty to Alice A. 
Warren; Amy L. Benedick to Amy L. Tilton; Blanche 
Rousseau to Blanche Bergeron; Harriet M. Friese to Harriet 
M. Barschdorf ; Lida Kelley to Lida Dion; Rose Anna Valles 
to Rose Anna Desrochers; Amelia M. Guerriero to Amelia M. 
Bellefleur; Nellie Noel to Nellie Balukonis; Melverta Brooks 
to Melverta Poore; Rita Milliard to Rita Boldini; Beatrice L. 
Michaud to Beatrice L. Burelle; Marion M. Ford to Marion 
MacCann; Vera Owens Chesnulevich LeClair to Vera Owens 
Chesnulevich ; Christine Denno to Christine Gianakos ; Julia 
Korkovelos to Julia Gurska; Mildred Snarski to Mildred 
Adams; Elizabeth Gardner Freeman to Elizabeth Gardner 



408 Chapter 263 [1939 

Rodger; Esther H. Smith to Esther Hopkins; Alice K. Varnum 
to Ahce Kuriger; Dorothy Emma Denison to Dorothy Emma 
Hoitt. 

Cheshire County — PauHne Laura Gordon to PauHne Laura 
Orkins; Edna Evelyn Ferguson to Edna Evelyn Bernier; 
Pauline B. Jarvis to Pauline L Baker; Gladys E. Hayes to 
Gladys Evelyn Swain; Kathleen H. Duval to Kathleen H. 
Pollard; Beatrice Julia Cimone to Beatrice Julia LaPointe; 
Ellen LaDuca to Ellen Spydell; Josephine Carey Briggs to 
Josephine Carey ; Florence Lee Barron Parsons to Florence Lee 
Barron; Evelyn L. Warner to Evelyn Lucille Lee; Bernice 
Eleanor Higgins to Bernice Eleanor Winn; Dorothy C. Stevens 
to Dorothy Lawler Cleghorn; Delia E. Killeen to Delia E. 
Webster ; Mary M. Taylor to Mary Mlecezko ; Florence Ophelia 
McGuigan to Florence Ophelia Bodware. 

Sullivan County — Marion 0. Williams to Marion 0. Smith 
(1936) ; Dorothy Anna Clement to Dorothy Anna Farns- 
worth; Ada B. Whittier to Ada B. York; Clare Florence 
D'Amante to Clare Florence Lower; Hazel E. Hill to Hazel E. 
Richardson; Lucie A. Wilson to Lucie A. Streeter; Josie M. 
Sheldon to Josie M. Schroeder; Christina A. Nagle to 
Christina A. Shea ; Flossie L. Johnson to Flossie Ada LaBelle ; 
Eva Baker Stebbins Whitney to Eva Baker Stebbins; Mary 
Anna Lepicier to Mary Anna Therriault; Grace E. Braley to 
Grace E. Bedell; Vina Guest to Vina E. Niles; Marcella Helen 
Martin to Marcella Helen Putnam ; Katherine Smith Pfleiderer 
to Katherine Smith; Avis Cuthbert to Avis Reynolds; Hazel 
Bell Williams Morse to Hazel Bell Williams. 

Grafton County — Olive B. Straw to Olive B. Bush; Eva A. 
Dame to Eva A. Welcome; Alice Gray to Alice King; Goldie 
F. Sargent to Goldie F. Ford; Barbara L. Whipple to Barbara 
L. Bruce ; L. Aileen Coghlan to L. Aileen Kebrich ; Bertha Hobbs 
LaMarre to Bertha Louise Hobbs ; Myrtle H. Gardner to Myrtle 
Hodsdon; Alice D. Olsen to Alice D. Ladeau; Vera A. Stevens 
to Vera A. Straw; Althea Brown to Althea Gould; Nellie S. 
Pickering to Nellie Julia Sweet; Wilhelmine Haberer Girndt 
to Wilhelmine Haberer Hinnen ; Lora E. Duplessis to Lora E. 
Goodrich; Beatrice Pollack to Beatrice Morrissette; Mar- 
guerite M. Barrett to Marguerite Maxine Bomhower; Flora 
Arline Renihan to Flora Arline Silsby. 



1939] Chapter 263 409 

Coos County — Olive V. Temple to Olive V. Bennett; Vera E. 
Ball to Vera E, Lakin; Annie McGillivary Mason to Annie Mc- 
Gillivary; Alberta Gray Callan to Alberta Gray; Clementine 
Evans to Clementine Asselin ; Ruth Deal to Ruth Moss ; Annie 
M. Arlinsky to Annie M. Rosi; Lillian A. Livingston to Lillian 
A. Bennett ; Ruth Libby Barnard to Ruth Brenda Libby ; Elsie 
R. Egan to Elsie R. Woodrow;* Gertrude M. McGennis to 
Gertrude M. Willis; Serita Noyes Brinkman to Serita Noyes; 
Lillian Louks to Lillian Smith. 



PRIVATE ACTS 



CHAPTER 264. 



AN ACT VALIDATING CERTAIN PROCEEDINGS OF THE TOWN SCHOOL 
DISTRICT OF CONWAY. 

Section I Section 

1. Proceedings validated. | 2. Talves effect. 

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

1. Proceedings Validated. The proceedings of the town 
school district of Conway, taken at the special meeting held 
September 30, 1938 and the appropriation of eighty-five 
thousand five hundred and forty-three dollars and the issuance 
of notes and bonds in that amount pursuant to said proceed- 
ings, are hereby legalized, ratified and confirmed. 

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

[Approved January 25, 1939.] 



CHAPTER 265. 



AN ACT RATIFYING CERTAIN ACTION OF THE ROCKINGHAM 
COUNTY DELEGATION. 

Section I Section 

1. Action legalized. | 2. Takes effect. 

Be it enacted hy the Senate and House of Representatives in 
General Cou7^t convened: 

1. Action Legalized. The votes and action taken by the 
Rockingham county delegation at a meeting duly called and 
held on the fifteenth day of April, 1938, on the following pro- 
posals, are hereby legalized and confirmed: 

"Voted that we appropriate the sum of forty-two thousand 
dollars to pay an existing debt of the county of Rockingham 
for that amount now evidenced by short term notes and in- 
debtedness, the same to be raised by the sale of the bonds of 
said county at the lowest rate of interest obtainable by sale 
in accordance with the provisions of the Public Laws. Said 



1939] Chapter 266 411 

bonds to be issued in denominations of one thousand dollars 
each, payable both as to principal and interest at the counting 
room of the Exeter Banking Company at Exeter, New Hamp- 
shire. Said issue to be in serial form, the first bonds payable 
not later than one year from date of issue and the whole issue 
to be retired in not more than twelve years. 

"Said bonds to be issued under the provisions of the Mu- 
nicipal Bonds Statute (so called) of the State of New Hamp- 
shire as set out in the Public Laws and amendments thereto. 
Such matters of form, etc., as may by statute be left to the 
discretion of the county commissioners, are hereby left to 
their discretion." 

2. Issuance of Bonds Legalized. The action of the county 
commissioners and the treasurer of said county of Rocking- 
ham, in issuing forty-two one-thousand-dollar bonds dated 
June 1, 1938, under and bj^ virtue of the above votes of the 
county delegation, is hereby legalized and confirmed and said 
bonds are hereby declared to be legal, valid and binding obliga- 
tions of said county of Rockingham. 

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

[Approved February 8, 1939.] 



CHAPTER 266. 



AN ACT LEGALIZING THE NOVEMBER, 1938, ELECTION IN THE 
TOWN OF BARNSTEAD 

Section | Section 

1. Proceedings legalized. | 2. Takes effect. 

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

1. Proceedings Legalized. The votes and proceedings at 
the biennial election of the town of Barnstead, held on the 
eighth day of November, 1938, are hereby legalized, ratified 
and confirmed. 

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

[Approved February 15, 1939.] 



412 



Chapters 267, 268 



[1939 



CHAPTER 267. 

AN ACT RELATING TO THE NEW HAMPSHIRE CONGREGATIONAL- 
CHRISTIAN CONFERENCE. 



Section 

1. Limitation on amount of prop- 
erty authorized to hold. 



Section 
2. Takes elTect. 



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

1. Property, Authorized to Hold. Section 4 of chapter 415 
of the Laws of 1913 is hereby amended by striking out the 
words "one milHon dollars" and inserting in the place thereof 
the words, two million five hundred thousand dollars, so that 
said section as amended shall read as follows: Sect. 4. Said 
corporation is authorized and empowered to receive and hold 
funds, securities and property to an amount not exceeding two 
million five hundred thousand dollars. 

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

[Approved February 23, 1939.] 



CHAPTER 268. 



AN ACT AUTHORIZING THE TOWN OF NEWMARKET TO ISSUE 
REFUNDING NOTES OR BONDS. 



Section 

1. Authorization to issue notes or 

bonds. 

2. Terms. 



Section 

3. AppHcation of 

4. Takes effect. 



general laws. 



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

1. Authorization. The town of Newmarket is hereby 
authorized to issue its serial notes or bonds to an amount not 
exceeding thirty thousand dollars ($30,000) for the purpose 
of refunding outstanding indebtedness. Said serial notes or 
bonds shall be signed by the selectmen and countersigned by 
the treasurer. 

2. Terms. Said issue of serial notes or bonds shall be due 
and payable at such times, not more than twenty years from 
their date of issue, and in such amounts, and in such manner 



1939] Chapter 269 413 

as the board of selectmen and treasurer of said town may 
determine, at a rate of interest to be fixed by said board. 

3. Application of General Laws. Except as otherwise pro- 
vided in this act, the provisions of chapter 59 of the Public 
Laws shall apply to the serial notes or bonds herein 
authorized. 

4. Takes Effect. This act shall take effect when its pro- 
visions shall have been approved by a majority of those pres- 
ent and voting at the regular or any special meeting of the 
legal voters of the town of Newmarket during the year 1939, 
the warrant for which shall contain an article calling for the 
consideration of such approval. 

[Approved February 23, 1939.] 



CHAPTER 269. 



AN ACT RELATING TO THE CHARTER OF THE CITY OF 
SOMERSWORTH. 



ECT 


ION 


Section 




1. 


Interpretation. 


7. Selectmen. 




2. 


Alunicipal elections. 


8. School board. 




3. 


Council. 


9. Tenure of office 


of present 


4. 


Administration. 


officers. 




5. 


Mayor. 


10. Appointive officers. 




6. 


City clerk. 


11. Takes effect. 





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

1. Interpretation. The original charter of the city of 
Somersworth chapter 171, Laws of 1893, and any amendments 
are hereby repealed as far as inconsistent herewith but other- 
wise are in full force and efi'ect. 

2. Municipal Elections. Municipal elections shall be held 
on Tuesday next following the first Monday in November be- 
ginning with 1939 and biennially thereafter. Excepting 
moderators, supervisors of the check-lists and officers elected 
or receiving appointments in manner otherwise provided, all 
city and other officials shall be chosen at such municipal 
elections. 

3. Council. At the municipal election to be held on the 
Tuesday following the first Monday in November, 1939, and 
biennially thereafter, each ward shall elect two councilmen. 



414 Chapter 269 [1939 

The term of office of each shall be for two years and until his 
successor shall be chosen and qualified in his stead. 

4. Administration. The administration of the fiscal, 
prudential and general municipal affairs of said city and the 
government thereof shall be vested in one principal officer to 
be called a mayor and a board of ten members to be called the 
council. The mayor and council shall act as one body to be 
called the city council. 

5. Mayor. The mayor shall be chosen at the municipal 
election for a term of two years and shall receive a salary of 
seven hundred dollars per annum. He shall have a negative 
upon all the acts of the council to which his veto power would 
extend had the city government herein constituted provided 
for a board of aldermen, and such veto shall extend to in- 
dividual items of appropriation. He shall preside in the meet- 
ings of the city council, but shall have no vote except in case 
of an equal division. In the absence of the mayor, the council 
may elect by ballot one of the members chairman who shall 
have all the powers of performing all the duties of the mayor 
during such absence, or during disability or a vacancy in office 
from any cause. 

6. City Clerk. The mayor and city council shall take their 
respective oaths on the first Tuesday of January following 
their election, and at such time shall choose by ballot a city 
clerk whose term of office shall continue for two years, and 
until another shall be chosen and qualified to act in his stead. 
The term of office of the city clerk, elected on the third Tues- 
day of March, 1937, is hereby extended to the first Tuesday of 
January, 1940. 

7. Selectmen. At the municipal election to be held on the 
Tuesday following the first Monday in November, 1939, and 
biennially thereafter, three selectmen shall be elected by and 
from the qualified voters of each ward who shall hold their 
respective offices for the term of two years and until others 
shall be chosen and qualified to act in their stead. 

8. .School Board. At the municipal election to be held on 
the Tuesday following the first Monday in November, 1939, 
and biennially thereafter, one member of the school board 
shall be elected from each ward for a term of two years. The 
city council shall, between the third and the last day of Janu- 
ary, 1940, and biennially thereafter, elect five members of said 



1939] Chapter 269 415 

school board to serve for two years each. The persons so 
elected by the said wards and the city council shall be resi- 
dents of said city and shall constitute said school board and 
their terms of office shall begin on the first Tuesday of Febru- 
ary next after their respective elections. 

9. Tenure of Office of Present Officers. The term of each 
officer elected at the annual municipal election, except the 
school board, whose term would otherwise have expired in 
March, 1939, is hereby extended to the first Tuesday of Janu- 
ary, 1940, and the term of each other such officer of said city 
holding office prior to said first Tuesday in January, 1940, 
shall expire on said date. The term of office of each member 
of the school board elected at the annual municipal election 
whose term would otherwise have expired in April, 1939, is 
hereby extended to the first Tuesday of February, 1940, and 
the term of office of each other member of the school board 
holding office prior to the first Tuesday of February, 1940, 
shall expire on said date. 

10. Appointive Officers. In order that the purposes of this 
act for holding the municipal election biennially instead of 
annually may be carried out the mayor and council are hereby 
authorized to extend the term of office of persons whose terms 
under said appointments would otherwise expire prior to the 
first Tuesday of January, 1940, to said date. 

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

[Approved March 1, 1939.] 



416 Chapters 270, 271 [1939 

CHAPTER 270. 

AN ACT LEGALIZING THE ACTION TAKEN BY THE BETHLEHEM 
VILLAGE DISTRICT ANNUAL MEETING AND TRANSFERRING 
CERTAIN POWERS FROM THE BOARD OF WATER 
COMMISSIONERS TO THE VILLAGE COMMIS- 
SIONERS OF SAID DISTRICT. 



Section 
3. Repeal ; takes effect. 



Section 

1. Proceedings legalized. 

2. Transfer of powers and duties. 

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

1. Proceedings Legalized. The proceeding's of the Bethle- 
hem Village District at the annual meeting holden on the 
tenth day of March, 1937, and the acts of the commissioners 
taken under the vote at that meeting since said date are 
hereby legalized and made valid. 

2. Transfer of Powers and Duties. All powers and duties 
now conferred upon the board of water commissioners for the 
Bethlehem Village Precinct by chapter 154 of the Laws of 
1905 are hereby transferred to the commissioners of the Beth- 
lehem Village District constituted under chapter 295 of the 
Laws of 1925. 

3. Repeal; Takes Effect. Sections 1, 2 and 3 of chapter 
154 of the Laws of 1905, relative to the establishment of a 
board of water commissioners, are hereby repealed and this 
act shall take effect upon its passage. 

[Approved March 9, 1939.] 



CHAPTER 271. 



AN ACT RELATING TO SCHOOL PRIVILEGES IN THE TOWN OF 

LISBON. 

Section I Section 

1. Repeal. I 2. Takes effect. 

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

1. Repeal. Chapter 215 of the Laws of 1907 is hereby re- 
pealed. 



1939] Chapter 272 417 

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

[Approved March 9, 1939.] 



CHAPTER 272. 



AN ACT TO AMEND THE CHARTER OF COE'S NORTHWOOD 

ACADEMY. 



Section 

1. Name changed ; property 
thorized to hold. 



Section 
2. Takes effect. 



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

1. Name Changed; Property Authorized to Hold. 

Amend chapter 123 of the Laws of 1867 as amended by 
chapter 96 of the Laws of 1875, by striking out sections 1 
and 2 thereof, and substituting therefor the following: 
Section 1. That Ezra Tasker, John G. Mead, William 
B. Sherban, Thomas B. Norton, William T. Willey, John J. 
Gate, James Griffin, Luther Tasker, Warren P. Swain, Samuel 
N. Towle, and their associates and successors, are hereby 
made a body politic and corporate by the name of Coe-Brown 
North wood Academy ; and by that name may sue and be sued, 
prosecute and defend to final judgment and execution; and 
shall have and enjoy all the powers and privileges, and be sub- 
jected to all the liabilities, incident to corporations of a similar 
character. Sect. 2. Said corporation is hereby empowered to 
establish and maintain, in Northwood, in the county of Rock- 
ingham, a school designed to encourage and promote the 
diffusion of knowledge in all the branches of academic educa- 
tion ; and, for that purpose, may acquire and hold, by gift, be- 
quest, or otherwise, real and personal estate not exceeding five 
hundred thousand dollars; may erect suitable buildings, em- 
ploy proper teachers and assistants, and establish all necessary 
by-laws and regulations for their government, and exercise 
any other power proper to carry into effect the object of this 
act ; provided, said by-laws and regulations shall not be repug- 
nant to the constitution and laws of this state. 

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

[Approved March 16, 1939.] 



418 Chapter 273 [1939 

CHAPTER 273. 

AN ACT AUTHORIZING THE TOWN OF BELMONT TO ISSUE REFUND- 
ING NOTES OR BONDS. 



Section 

1. Authorization. 

2. Form; terms. 

3. Debt limit. 



Section 

4. Application of laws. 

5. Proceedings legalized. 

6. Takes eflfect. 



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

1. Authorization. The town of Belmont is hereby author- 
ized to issue its serial notes or bonds to an amount not exceed- 
ing eighteen thousand dollars ($18,000) for the purpose of re- 
funding outstanding indebtedness of the town, including the 
indebtedness incurred by the selectmen of said town relative 
to the financing of the Works Progress Administration project 
on the Tilton road. 

2. Form; Terms. Said serial notes or bonds shall be 
signed by the selectmen and countersigned by the treasurer. 
Said issue shall be due and payable at such times, not more 
than twenty years from their date of issue, and in such 
amounts, and in such manner as the board of selectmen and 
treasurer of said town may determine at a rate of interest to 
be fixed by said board. 

3. Debt Limit. The debt authorized by this act shall be 
exempt from the limitations imposed upon the borrowing 
capacity of towns by section 7 of chapter 59 of the Public 
Laws. 

4. Application of Laws. Except as otherwise provided in 
this act the provisions of the Municipal Bonds Statute shall 
apply to the notes or bonds issued hereunder. 

5. Proceedings Legalized. The vote and proceedings of the 
town of Belmont at the annual meeting of March, 1938, rela- 
tive to the Works Progress Administration project herein- 
before referred to, and the action of the selectmen in financing 
said project, are hereby ratified, legalized and confirmed. 

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

[Approved March 16, 1939.] 



1939] Chapters 274, 275 419 

CHAPTER 274. 

AN ACT RELATIVE TO THE ISSUE OF NOTES BY THE COUNTY OF 

MERRIMACK. 

Section I Section 

1. Issue of notes authorized. | 2. Takes effect. 

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

1. Issue Authorized. The county commissioners of the 
county of Merrimack are hereby empowered and authorized to 
issue for and in behalf of said county, from time to time dur- 
ing the calendar years 1939, 1940 and 1941, short-time notes 
not exceeding in amount at one time outstanding the sum of 
fifty-seven thousand dollars ($57,000) for the purpose of re- 
funding all or any part of the fifty-seven thousand dollars 
outstanding notes issued under chapter 299 of the Laws of 
1937, and for the purpose of refunding notes issued under this 
act, including the purpose of restoring to the treasury funds 
taken therefrom and used temporarily to pay any of the said 
notes now outstanding or issued hereunder. 

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

[Approved March 16, 1939.] 



CHAPTER 275. 



AN ACT RELATING TO LAND USED FOR SCHOOL PURPOSES IN THE 
TOWN OF NEWFIELDS. 

Section I Section 

1. Repeal. I 2. Takes effect. 

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

1. Repeal. Chapter 214 of the Laws of 1889, relative to 
the bounds of the school district of the town of Newfields, 
formerly South Newmarket, is hereby repealed. 

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

[Approved March 21, 1939.] 



420 Chapters 276, 277 [1939 

CHAPTER 276. 

AN ACT AUTHORIZING THE CITY OF FRANKLIN TO ISSUE REFUND- 
ING NOTES OR BONDS. 



Section 

1. Authorization. 

2. Terms. 



Section 

3. Application of general laws. 

4. Takes effect. 



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

1. Authorization. The city of Franklin is hereby author- 
ized to issue its serial notes or bonds to an amount not ex- 
ceeding eighty-two thousand dollars ($82,000) for the pur- 
pose of refunding outstanding indebtedness. Said serial notes 
or bonds shall be signed by the mayor and countersigned by 
the treasurer of said city. 

2. Terms. Said issue of serial notes or bonds shall be due 
and payable at such times, not more than twenty years from 
their date of issue, and in such amounts, and in such manner 
as the mayor and city council and treasurer of said city 
may determine at a rate of interest to be fixed by said mayor, 
city council and city treasurer. 

3. Application of General Laws. Except as otherwise pro- 
vided in this act, the provisions of chapter 59 of the Public 
Laws shall apply to the serial notes or bonds herein author- 
ized. 

4. Takes Effect. This act shall take effect when its pro- 
visions shall have been approved by majority of those present 
and voting at a regular or any special meeting of said mayor 
and city council, during the year 1939. 

[Approved March 21, 1939.] 



CHAPTER 277. 

AN ACT RELATING TO THE UNION SCHOOL DISTRICT IN CONCORD. 



Section 
2. Repeal ; takes effect. 



Section 
1. Union School District in Con- 
cord. 

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

1. Union School District in Concord. Amend section 1 of 
chapter 230 of the Laws of 1927 entitled "An Act in amend- 



1939] Chapters 278, 279 421 

ment of the laws relating to the Union School District in Con- 
cord," by striking out said section and inserting in place there- 
of the following: 1. Official Ballot. For all elections of 
moderator, clerk, treasurer and members of the board of edu- 
cation of Union School District in Concord the voting shall be 
upon an official ballot only. A plurality of votes cast shall be 
necessary for election to each office to be filled. 

2. Repeal; Takes Effect. All acts and parts of acts incon- 
sistent with this act shall not apply to said Union School Dis- 
trict, and this act shall take effect upon its passage. 

[Approved March 30, 1939.] 



CHAPTER 278. 



AN ACT TO LEGALIZE THE BIENNIAL ELECTION HELD ON THE 

EIGHTH DAY OF NOVEMBER, 1938, IN THE TOWN OF 

MIDDLETON. 

Section | Section 

1. Legalizing election. I 2. Takes effect. 

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

1. Legalizing Election. The votes and proceedings of the 
biennial election held on the eighth day of November, 1938, 
in the town of Middleton be and hereby are legalized and con- 
firmed. 

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

[Approved March 30, 1939.] 



CHAPTER 279. 



AN ACT RELATING TO THE FRATERNAL ORDER OF EAGLES OF 
MANCHESTER, N. H. 

Section I Section 

1. Power to hold property. | 2. Takes efifect. 

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

1. Power to Hold Property. Amend section 3 of chapter 
312 of the Laws of 1909 by striking out in the third line the 



422 Chapter 280 [1939 

word "five" and inserting in place thereof the word, twenty- 
five, so that said section as amended shall read as follows: 
Sect. 3. Said corporation shall have power to hold real and 
personal estate by gift, bequest or otherwise, to an amount 
not exceeding twenty-five thousand dollars, and may dispose 
of the same at pleasure. 

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

[Approved April 5, 1939.] 



CHAPTER 280. 



AN ACT RELATING TO THE ISSUE OF BONDS BY THE COUNTY OF 

BELKNAP. 



Section 
3. Takes effect. 



Section 

1. Belknap county bonds. 

2. Accounts. 

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

1. Belknap County Bonds. The county commissioners of 
the county of Belknap are hereby empowered and authorized 
to issue for and in behalf of said county serial bonds to an 
amount not exceeding one hundred and twenty thousand dollars 
for the purpose of refunding outstanding notes of said county. 
Said bonds shall be payable in substantially equal annual in- 
stalments of principal beginning not more than one year and 
ending not more than ten years from their date. The county 
commissioners shall determine the form of said bonds and 
their dates, maturities, rate of interest and place of payment. 
Said bonds shall be sold at not less than par at public or 
private sale by the treasurer with the approval of the county 
commissioners. 

2. Accounts. The treasurer shall keep an account of each 
bond, showing the number and amount thereof, the name of 
the person to whom sold, the amount received for the same, 
the date of the sale and the time when payable. 

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

[Approved May 4, 1939.] 



1939] Chapters 281, 282 423 

CHAPTER 281. 

AN ACT RELATING TO THE TOWN OF RYE. 

Section j Section 

1. Authorization. | 2. Takes effect. 

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

1. Authorization. The town of Rye is hereby authorized 
to vote on the question of the acquisition or establishment of a 
municipal water works in accordance with chapter 153 of the 
Laws of 1935, as the same is now or hereafter amended, as if 
it had not voted on said question on the fifteenth and thirtieth 
days of September, 1938. 

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

[Approved May 10, 1939.] 



CHAPTER 282. 



AN ACT AUTHORIZING THE PLYMOUTH VILLAGE FIRE DISTRICT TO 
ISSUE NOTES OR BONDS. 



Section 

1. Authorization. 

2. Terms. 



Section 

3. Application of general laws. 

4. Takes effect. 



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

1. Authorization. The Plymouth Village Fire District is 
hereby authorized to issue its serial notes or bonds to an 
amount not exceeding fifty-nine thousand dollars ($59,000) 
for the following purposes: three thousand five hundred 
dollars for refunding outstanding indebtedness for the fire 
department, thirty-five thousand dollars for refunding out- 
standing indebtedness for the water department, fourteen 
thousand five hundred dollars for refunding outstanding in- 
debtedness for the sewer department and six thousand dollars 
for reconstruction for the sewers. Said serial notes or bonds 
shall be signed by the commissioners of said district, or a 
majority thereof, and countersigned by the treasurer of said 
district. 



424 Chapter 283 [1939 

2. Terms. Said issue of serial notes or bonds shall be due 
and payable at such times, not more than twenty years from 
their date of issue, in such manner and with such provisions 
as the commissioners of said district, or a majority thereof, 
shall determine, and at a rate of interest to be fixed by said 
commissioners. 

3. Application of General Laws. Except as otherwise pro- 
vided by this act the provisions of chapter 59 of the Public 
Laws shall apply to the notes or bonds herein authorized. 

4. Takes Effect. This act shall take efi'ect upon its 
passage. 

[Approved May 10, 1939.] 



CHAPTER 283. 



AN ACT RELATIVE TO THE CONGREGATIONAL SOCIETY IN 
TAMWORTH. 



Section 

1. Congregational Society in Tam- 

worth. 

2. Change in date of annual meet- 
ings. 



Section 
3. Takes effect. 



Be it enacted by the Senate and House of Representatives in 
General Cou7't convened: 

1. Congregational Society in Tamworth. Amend the third 
paragraph of an act entitled "An Act to incorporate certain 
persons by the name of the Congregational Society in Tam- 
worth," approved December 11, 1812, by striking out the 
words "which Sums shall be assessed upon the members of 
said corporation in proportion to their rateable property" so 
that said paragraph as amended shall read as follows: And 
be it further enacted, that the said Society, at any meeting 
legally warned and holden for that purpose, may by a majority 
of voters present, raise such Sums of Money as they shall 
think necessary for building and repairing a meeting house 
and supporting a Minister of the congregational order, and the 
said Society may hold estate, real or personal, to the amount 
of Ten Thousand dollars solely for the purposes aforesaid. 

2. Change in Date of Annual Meetings. Amend the sixth 
paragraph of said act relative to said society by striking out 
the word "March" and inserting in place thereof the word, 



1939] Chapters 284, 285 425 

January, so that said paragraph as amended shall read as 
follows: And be it further enacted, that the said Society 
shall hold a meeting on the First Monday of January annually 
for the choice of officers. 

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

[Approved May 11, 1939.] 



CHAPTER 284. 



AN ACT VALIDATING CERTAIN PROCEEDINGS OF THE TOWN MEET- 
ING OF THE TOWN OF LYNDEBOROUGH. 

Section j Section 

1. Proceedings validated. | 2. Takes effect. 

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

1. Proceedings Validated. The proceedings of the town of 
Lyndeborough taken at the adjourned meeting of March 21, 
1939, and the appropriation of four thousand dollars for 
bridge construction and the proceedings relative to the 
issuance of notes in that amount for that purpose, are hereby 
legalized, ratified and confirmed. 

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

[Approved May 23, 1939.] 



CHAPTER 285. 



AN ACT RELATIVE TO THE SEWER SYSTEM IN THE TOWN OF 

WOLFEBORO. 

Section | Section 

1. Wolfeboro. I 2. Takes effect. 

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

1. Wolfeboro. The board of water commissioners for the 
town of Wolfeboro shall have the management and control of 
the sewer system in said town. Said commissioners are here- 
by authorized and empowered to appoint and employ all neces- 
sary officers, agents and servants with such powers and duties 



426 



Chapter 286 



[1939 



as from time to time may be prescribed by said town. Said 
board of water commissioners shall have and exercise all the 
rights and powers of boards of sewer commissioners. 

2. Takes Effect. This act shall take effect September 1, 
1939. 

[Approved May 31, 1939.] 



CHAPTER 286. 



AN ACT RELATIVE TO THE POWERS OF THE SCHOOL DISTRICT OF 

HAMPTON. 



Section 

1. Debt limit increased. 

2. Net debt. 



Section 

3. Proceedings legalized. 

4. Takes effect. 



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

1. Debt Limit Increased. The school district of Hampton 
in the town of Hampton is hereby authorized to incur in- 
debtedness in an amount not exceeding one hundred and ten 
thousand dollars ($110,000) for the purpose of erecting a 
school building and for equipment thereof. 

2. Net Debt. In ascertaining and fixing the net debt of 
the town of Hampton, the village district of Hampton Beach, 
and said school district, under the provisions of chapter 59 of 
the Public Laws all indebtedness incurred under the authority 
of this act shall be deducted in computing the debt incurring 
capacity of the town of Hampton, the village district of Hamp- 
ton Beach, and of said school district under section 7, chapter 
59 of the Public Laws. 

3. Proceedings Legalized. The votes and proceedings of 
the annual school district meeting of the school district of the 
town of Hampton held in the town of Hampton on the fourth 
day of April, 1939, are hereby legalized, ratified and con- 
firmed. 

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

[Approved May 31, 1939.] 



1939] Chapters 287, 288 427 

CHAPTER 287. 

AN ACT VALIDATING THE PROCEEDINGS OP THE RECESSED TOWN 
MEETING IN THE TOWN OF MILFORD. 

Section | Section 

1. Proceedings legalized. | 2. Takes effect. 

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

1. Proceedings Legalized. The votes and proceedings of 
the recessed town meeting held in the town of Milford, 
April 25, 1939, and the appropriation of forty thousand dollars 
for improvement of the water system and the proceedings 
relative to the issuance of notes in that amount for that pur- 
pose, are hereby legalized, ratified and confirmed. 

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

[Approved June 2, 1939.] 



CHAPTER 288. 

AN ACT RELATING TO THE TRUSTEES OF TILTON SCHOOL. 

Section 1 Section 

1. Tilton School. I 2. Takes effect. 

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

1. Tilton School. Section 1 of chapter 299 of the Laws of 
1919, being an amendment of an act approved December 29, 
1852, as amended by chapter 198, Laws of 1903, relative to 
Tilton School, formerly known as the New Hampshire Con- 
ference Seminary and later as Tilton Seminary, and the nomi- 
nation of trustees thereof, is hereby repealed. 

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

[Approved June 7, 1939.] 



428 Chapters 289, 290 [1939 

CHAPTER 289. 

AN ACT VALIDATING PROCEEDINGS OF THE ANNUAL MEETING OF 
THE CONWAY VILLAGE FIRE DISTRICT. 

Section I Section 

I. Proceedings validated. | 2. Takes effect. 

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

1. Proceedings Validated. The proceedings of the Conway 
Village Fire District held March 27, 1939, and the appro- 
priations and raising of money pursuant to said proceedings, 
are hereby legalized, ratified and confirmed. 

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

[Approved June 7, 1939.] 



CHAPTER 290. 

AN ACT RELATING TO UNION SCHOOL DISTRICT IN KEENE. 



Section 

1. Union School District in Keene. 

2. Official ballots. 

3. Filing of candidacy. 



Section 

4. Mode of balloting. 

5. Takes effect. 



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

1. Union School District in Keene. All district ofl^icers of 
Union School District in Keene shall be chosen by official 
ballot, by a plurality vote. Such ballots shall be prepared by 
the clerk at the expense of the district in such number as to 
him seems adequate. 

2. Official Ballots. Upon such official ballots, the names of 
the candidates for each office shall be grouped in the alphabeti- 
cal order of their surnames. Over each group shall be a state- 
ment of the office for which they are candidates and a 
direction as to the number of candidates to be elected. Under 
each group shall be left as many blank spaces as there are 
persons to be elected to such office. At the right of each 
name shall be a square. The voter shall indicate his choice 
by making a cross in the square opposite the candidate of his 
choice or by writing the name of any person or persons for 



1939] 



Chapter 291 



429 



whom he desires to vote in the appropriate blank space or 
spaces. 

3. Filing of Candidacy. Any person qualified to be elected 
to any of said offices shall be entitled to have his name printed 
upon said official ballot as a candidate upon filing written dec- 
laration with the clerk not later than five o'clock in the after- 
noon of the sixth day preceding the day of the annual meet- 
ing. 

4. Mode of Balloting. The polls shall be open promptly at 
the hour for which the meeting is warned and shall remain 
open at least one hour. One official ballot shall be placed in 
the hands of each voter as he enters the polling place. The 
moderator may appoint tellers to receive and tally the votes. 
After all other business of the meeting has been transacted 
and all voters present have been given an opportunity to cast 
their ballot and the one hour having transpired, the modera- 
tor shall declare the polls closed, the final tally shall be made 
by the tellers and the moderator shall declare the results. 

5. Takes Effect. This act shall take effect upon its adop- 
tion by a majority vote of the qualified voters present and 
voting at any legal meeting of said district. 

[Approved June 13, 1939.] 



CHAPTER 291. 



AN ACT TO REPEAL CHARTERS OF CERTAIN CORPORATIONS. 



Section 

1. Charters repealed. 

2. Remedies preserved. 

3. Reinstatement. 



Section 

4. Disposition of property. 

5. Takes effect. 



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

1. Charters Repealed. The charter or certificate of in- 
corporation of each of the following named corporations is 
hereby repealed, revoked and annulled except as otherwise 
here specified: 

Academy Cleansers & Dyers, Inc. (Keene, 1935) 
Acme Furniture & Woodworking Company (Derry, 1936) 
Acme Neon Company, Inc. (Nashua, 1937) 
Adams Shoe Stores Co. (Manchester, 1937) 



430 Chapter 291 [1939 

Advocate Press, Inc., The (Claremont, 1934) 

Aldrich and Son, Inc., F. E. (Franconia, 1930) 

Allison Hotels, Inc. (Carroll, 1936) 

Alton Electric Light & Power Company (Alton, 1898) 

American Amusement Company, Inc. (Newport, 1936) 

American Peat Company, Inc. (Rochester, 1932) 

Andover Ice Company (Andover, 1938) 

Apt Shoe Co., E. R. (formerly Gale Brothers Incorporated, 

Exeter, 1894) Rockland, Mass. 
Archibald Engineering Company (Meredith, 1928) 
Ashland Lumber Company, The (Ashland, 1909) 
Asquam Lumber Company (formerly Asquam Transportation 

Company, Ashland, 1901) 
Athens Restaurant, Inc. (Manchester, 1933) 
Auburn Street Realty Company (Concord, 1929) 
Ayer Realty Company (Plymouth, 1933) 
Baldwin Lumber Company (Stratford, 1935) 
Banana Sales Company, Inc. (Haverhill, Mass., 1936) 
Behr-Flex, Incorporated (Manchester, 1933) 
Belknap Heel Corporation (Center Barnstead, 1937) 
Belknap Stocking Company (Laconia, 1906) 
Belmont-Bonnie Brae Inc. ( 1937) 

Benson Lumber Company (Derry, 1930) 
Bethlehem Electric Company (formerly Bethlehem Electric 

Light Company, Bethlehem, 1897) 
Betty's Crystal House Candies, Incorporated (formerly Betty's 

Glasshouse Goodies, Incorporated, Manchester, 1930) 
Bockus and Kilonis Wild Animal Circus, Inc. (Manchester, 

1936) 
Boufford & Sons, J. N. (Manchester, 1928) 
Bradford Handle Co., Inc. (South Kingston, 1936) 
Brodie Electric & Automobile Company (Manchester, 1909) 
Brookside, Inc. (Manchester, 1937) 
Cadue's Garage, Inc. (Tilton, 1936) 
Camp Merriewoode, Incorporated (Stoddard, 1936) 
Campton Electric Light Company (Campton, 1928) 
Capitol City Airways, Inc. (Concord, 1937) 
Capitol Theatre, Inc. (Franklin, 1935) 
Carroll County Independent (Conway, 1925) 
Carroll County Land & Lumber Company (Ossipee, 1919) 
Cavanaugh Lumber Company, J. Carl (Manchester, 1931) 



1939] Chapter 291 431 

Citizens' Construction Company (Manchester, 1921) 

Clearing House Plan, Inc., The (Manchester, 1933) 

Clientele Market, Incorporated (Manchester, 1937) 

Clover Hill Orchards Company (Wilton, 1928) 

Cocheco Engineering & Construction Co. (Rochester, 1936) 

Cole Shoe Company, B. E. (Manchester, 1929) 

Community Store (Lancaster, 1936) 

Community Wood Heel Corporation (Center Barnstead, 1933) 

Concord Air Service, Inc. (Concord, 1936) 

Concord Airport Corporation (Concord, 1926) 

Concord Atlantic Mica Company (Concord, 1936) 

Concord Manufacturing Company (Concord, 1874) 

Continental Box Company (Newmarket, 1934) 

Conway Shoe Co. (Keene, 1935) 

Cotton and Company, Incorporated, Luther E. (Exeter, 1931) 

Couture & Co. Inc. (Manchester, 1931) 

Crane & Herbert, Inc. (Manchester, 1928) 

Cronin Hotel Company, The (Wolfeborough, 1922) 

Crosby Buick, Inc. (formerly Phenix Garage, Inc., Concord, 

1918) 
D-X Radio Exchange, Incorporated, The (Manchester, 1937) 
Danbury Lumber & Novelty Company (Danbury, 1927) 
Dartmouth Press, Incorporated, The (Hanover, 1915) 
Delta Sigma Alumni of Alpha Tau Omega, Inc. (Hanover, 

1934) 
Davis Hardware Stores Inc. (Nashua, 1937) 
Davis Holding Company (Manchester, 1926) 
Derry Sportsmens Association (Pittsfield, 1931) 
Dodge-Freedman Live Poultry Company, Incorporated (Con- 
cord, 1936) 
Doherty Incorporated, James A. (Manchester, 1937) 
Donahue & Hamlin, Inc. (Hart's Location, 1925) 
Dramfa Corporation, The (Exeter, 1929) 
Draper-Maynard Company, The (Plymouth, 1911) 
Draper-Maynard Company, Inc., The (Plymouth, 1937) 
Durable Welt Co., Inc. (Somersworth, 1935) 
Durable Welt Shoe Co., Inc. (Exeter," 1937) 
East Andover Light & Power Company (East Andover, 1921) 
Eastern Express Co., Inc. (formerly Todd's Highway Express, 

Inc., Wilton, 1934) 
Eastern Heel Company (Claremont, 1936) 



432 Chapter 291 [1939 

Eastern Mining Co., Inc. (Alstead, 1936) 

Eaton & Son, Inc., H. A. (Littleton, 1936) 

Eddie's Furniture Company, Inc. (Manchester, 1934) 

Electrix Inc. (formerly Cash Supply Company Incorporated, 

Plymouth, 1924) 
Emerson Company, C. S. (formerly The Emerson Company, 

Derry, 1925) 
Emerson Shoe Corporation, John (Rochester, 1932) 
Emerson's Sons, W. A. (Hampstead, 1906) 
Emma's Beauty Shop, Incorporated (Manchester, 1936) 
Engel-Cone Shoe Company (Laconia, 1936) 
English Inns, Inc. (Portsmouth, 1936) 
Exeter Shoe Company, Inc. (Exeter, 1929) 
Exeter Shoe Corporation (Exeter, 1937) 
Fabyan Company (Carroll, 1922) 
Fairbanks-Keefe, Inc. (Boscawen, 1936) 
Fairmont Fur Farms, Incorporated (Mont Vernon, 1930) 
Farmers' Trading Post, Inc., The (Derry, 1933) 
Field, Inc., Albert N. Parlin (formerly Austin Corbin Air- 
port, Inc., Newport, 1929) 
Franconia Hotel Company (Lincoln, 1935) 
Freedom Electric Company, The (Freedom, 1921) 
Furman-Meyers Co. of N. H., Inc. (Goffstown, 1936) 
Gable Shoe Manufacturing Company, Inc. (Raymond, 1935) 
Gardiner-Beardsell Counter Company (Nashua, 1935) 
Gauron's, Inc. (Keene, 1935) 
Geddes Motors Inc. (Keene, 1936) 
General Auto Sales, Inc. (Berlin, 1934) 

General Insurance Agency, Incorporated, The (Concord, 1935) 
Gilbert, Inc., Colgate (Walpole, 1936) 
Golden Shoe Co., Inc. (Center Barnstead, 1936) 
Goodrich Falls Electric Company (Bartlett, 1897) 
Gordon's Furniture Co. Inc. (formerly Home Furniture Co. 

Inc., Manchester, 1933) 
Gordon's Outlet Inc. (Lebanon, 1938) 
Granite Lake Company, Inc. (Nelson, 1934) 
Granite Motors Inc. (Manchester, 1933) 
Granite State Coal Co. (Manchester, 1932) 
Granite State Press (Manchester, 1923) 

Great Northern Express, Inc. (formerly Bisson's Transfer, 
Inc., Berlin, 1934) 



1939] Chapter 291 433 

Green Aqueduct and Land Company (Berlin, 1893) 

Greenlaw & Company, Vernon E. (Dover, 1933) 

Grimes Lunch Co. Inc. (Manchester, 1931) 

Groveton Electric Lig-ht Company (Groveton, 1890) 

Guay & Tardif, Inc. (Laconia, 1929) 

Hampshire Worsted Mills, Inc. (Manchester, 1937) 

Hardy & McSwiney Inc. (Concord, 1933) 

Hill Light and Power Company, The (Hill, 1928) 

Horse Meadow Cemetery Association, The (North Haverhill, 
1906) 

Hub Fruit Co. Inc. (Rochester, 1936) 

Hunter Petroleum Company, Inc. (Londonderry, 1937) 

Ideal Heel Company (Manchester, 1933) 

Ideal Retreading- & Vulcanizing, Inc. (Concord, 1937) 

Inn Garage Company, Inc., The (formerly Inn Stables In- 
corporated, Hanover, 1919) 

Irwin Corporation (Laconia, 1926) 

J. & J. Service Company (Derry, 1935) 

Johnson & Wight, Inc. (Concord, 1936) 

Jungle Shows Incorporated (Bristol, 1938) 

Juno Manufacturing Company, Incorporated (Berlin, 1934) 

Kingsbury Machine Tool Corporation (Keene, 1928) 

Kittredge Bridge Company (Concord, 1924) 

Knights of Pythias Building and Improvement Association, 
The (Goffstown, 1891) 

Kra-Co Shoe Corp. (Danville, 1937) 

Kraft Corporation, The (Newbury, 1937) 

LaChance Health Institute, Inc. (Manchester, 1934) 

Lakewood Manor Inc. (Newbury, 1935) 

Lake Tarleton Corporation (Pike, 1935) 

Lasalle Shoe Co. (Nashua, 1931) 

Laurel Lake Development Company (Fitzwilliam, 1936) 

LeBlanc Motor Sales, Inc. (Gorham, 1936) 

Lee Sandwich Shoppe, Inc., Ruth (Newmarket, 1936) 

Lemire, Inc., Albert G. (Manchester, 1937) 

Lincoln Turnpike Company (Lincoln, 1871) 

Lisbon Light and Power Co. (Lisbon, 1899) 

Loumohatsam Mills Inc. (Manchester, 1937) 

M & E Transportation Co., Inc. (Dover, 1932) 

Manchester & Derry Street Railway (formerly Derry and 
Goff's Falls Street Railway Company, 1906) 



434 Chapter 291 [1939 

Manchester & Nashua Street Railway (1903) (formerly Goff's 

Falls, Litchfield and Hudson Street Railway Company) 
Manchester Roofing Company, Incorporated (Manchester, 

1937) 
Manchester Stocking Company (Manchester, 1902) 
Manchester Street Railway (formerly Manchester Horse Rail- 
road) (Manchester, 1864) 
Marie w. Inc. (Portsmouth, 1934) 
Marshall-McDonald Company (Colebrook, 1920) 
MacDonald Brothers Corporation (Nashua, 1936) 
Maclntosh-Dupont, Inc. (Portland, Me., 1937) 
Mclntyre & Lampros Co. Inc. (Dover, 1936) 
McKenzie's, Incorporated (Franconia, 1935) 
Melanson Shoe Company (Manchester, 1930) 
Melvin-Rosborough Co., Inc. (Manchester, 1933) 
Meredith Electric Light Company, The (Meredith, 1894) 
Merriewoode Incorporated (Concord, 1932) 
Millen, Inc., Ralph W. (Lebanon, 1934) 
Modern Cleaners, Inc. (Keene, 1936) 
Modern Shoe Store, Inc. (Manchester, 1934) 
Moor Motors, Inc. (Laconia, 1937) 
Morse Co. Inc., A. W. (Manchester, 1933) 
Mothwell, Inc., M. J. (formerly Laconia Filling Station, Inc., 

Laconia, 1933) 
Mountain Spring Trout Club, Inc. (Walpole, 1931) 
Music Box Co., Inc. (Manchester, 1936) 
Nashua Auto Wrecking & Parts Company, Inc. (Nashua, 

1929) 
Nashua Electro-Magnetic Stop, Inc. (Nashua, 1937) 
New England Metal Weatherstrip Company, Incorporated 

(Nashua, 1936) 
New England Motion Advertising Co. (Manchester, 1924) 
New England Preserving Company (Hooksett, 1936) 
New England Shoe Co. (Manchester, 1931) 
New Hampshire Bituminous Roads, Inc. (Manchester, 1934) 
New Hampshire Collection Service, Inc. (Manchester, 1937) 
New Hampshire Fruit Exchange, Inc. (Manchester, 1934) 
New Hampshire Photo-Engraving Company (Manchester, 

1926) 
New Hampshire Structural Steel Company (Manchester, 

1922) 



1939] Chapter 291 435 

New Hampshire Tire Company, Inc. (Manchester, 1937) 
New Hampshire Wood Flour Company (Concord, 1934) 
Newfound Lake Grange Co. (Bristol, 1907) 
Newmarket Textile Corporation (Newmarket, 1935) 
Norquist Construction Company, Incorporated (formerly 

Norquist, Hayes and Norquist, Incorporated, Concord, 

1928) 
Noyes Lumber Co., The (Hampton, 1928) 
Observer Publishing Co., The (Rochester, 1935) 
Orpheum Amusement Co., Incorporated (Manchester, 1935) 
Ossipee Wood Craftsmen Inc. (Ossipee, 1922) 
Our Camp Inc. (Andover, 1932) 

Owen, Incorporated, Harold Holmes (Concord, 1932) 
Page's Incorporated (Seabrook, 1937) 
Palace Amusement Company, Inc. (Penacook, 1927) 
Parker Heel Co. (Nashua, 1929) 
Paul's Household Appliances, Inc. (Laconia, 1936) 
Pemigewasset Electric Company (formerly Plymouth Electric 

Light Co., Plymouth, 1891) 
Percival, Inc., John C. (Hampton, 1936) 
Peterson Building Company (Manchester, 1936) 
Pittsfield Farmers' Exchange, Inc. (Pittsfield, 1920) 
Plant & Yeaton Lumber Co. Inc. (Plymouth, 1935) 
Plymouth Golf Club (Plymouth, 1925) 
Portsmouth Company (Portsmouth, 1929) 
Postal Investment Corporation (Concord, 1937) 
Power Securities Corporation (Concord, 1919) 
Proctor Cooperage Company (Nashua, 1935) 
Profile and Flume Hotels Company (Franconia, 1898) 
Purcell's Cleaning Company (Dover, 1930) 
Puritan Confectionery Corporation (Manchester, 1933) 
Pynn & Brown, Inc. (Laconia, 1936) 
Queen Quarry Corporation (Milford, 1937) 
Realty Holding Corporation (Bethlehem, 1935) 
Reliable Wood Heel Company (Nashua, 1936) 
Roberts Brothers, Incorporated (Milford, 1935) 
Rochester Brass Corporation (Rochester, 1936) 
Rockingham Enterprises, Inc. (Manchester, 1935) 
Rowell Brothers Inc. (Newport, 1933) 
Rowell Incorporated (Nashua, 1934) 
Salem Coco-Cola Bottling Company (Salem, 1921) 



436 Chapter 291 [1939 

Salmon Falls Tire Fabric Company (Rollinsford, 1937) 

Samara, Inc., Eassa (Manchester, 1934) 

Santos Chemical Company (Manchester, 1929) 

Savard's Market, Incorporated (Wolfeboro, 1936) 

Save-A-Pair, Inc. (Keene, 1935) 

Sea Grill Restaurant, Inc. (Dover, 1935) 

Shepard Grocery Company (Franklin, 1900) 

Soo-Nipi Park Company (New London, 1913) 

Souhegan Valley Fruit Producers' Association (Milford, 1925) 

Spht Ballbearing Corporation (formerly N. D. N. Corporation, 

Lebanon, 1926) 
Stahl Realty Company (Gorham, 1936) 
Stalheim Farm, Inc. (Rye Beach, 1935) 
Stearns School, The (Mont Vernon, 1925) 
Stebbins Sash, Door and Lumber Company (Manchester, 

1930) 
Sugar River Valley Telephone Company (Grantham, 1902) 
Sullivan, Inc., Francis J. (Manchester, 1929) 
Swanburg Construction Company (Manchester, 1933) 
Tamworth Turf and Carroll County Fair Association 

(formerly Tamworth Turf and County Fair Association, 

Tamworth, 1896) 
Tarrant's Beauty Parlors, Inc. (Manchester, 1932) 
Tarrante Company, The Sam B. (Manchester, 1913) 
Taube Brothers Shoe Corporation (Pittsfield, 1935) 
Tavern Garage, Inc. (formerly Warren Brothers, Inc., Laconia, 

1922) 
Tenney Appliance Company (Concord, 1931) 
Tobey Drug Company (Hampton, 1928) 
Town Oil, Inc. (Nashua, 1932) 

Tubular Perforating and Machinery Company, Inc. (Manches- 
ter, 1935) 
Twin State Transportation Company, Incorporated (Lebanon, 

1928) 
Union Coal Company, The (Manchester, 1902) 
Unique Shop, Manchester, Incorporated, The (Manchester, 

1933) 
United Markets, Incorporated (Berlin, 1933) 
United States Silk Mills, Inc., The (Manchester, 1925) 
Upland Terrace, Incorporated (Bethlehem, 1923) 
Utilities Power Company (Meredith, 1922) 



1939] Chapter 291 437 

Valley Woolen Corporation (Marlboro, 1938) 

Verrette's, Incorporated (Manchester, 1935) 

West Keene Community Association Incorporated (Keene, 

1922) 
Whitcher Company, Frank L. (Manchester, 1937) 
White Mountain Ice Cream Co., Inc. (Lisbon, 1931) 
Whitefield Realty Company (Whitefield, 1920) 
Winchester Gun Club Associates (Winchester, 1930) 
Windsor Shoe Mfg. Company (Nashua, 1935) 
Winnipesaukee Air Service, Inc. (Meredith, 1936) 
Woodsum Steam-Boat Company, The (Concord, 1886) 
Yankee Electroplate, Inc. (Rochester, 1937) 

The principal place of business and date and year of in- 
corporation, when given in the above list, are included for the 
purpose of distinguishing corporations of the same or similar 
names. 

2. Remedies Preserved. No remedy against any such cor- 
poration, its stockholders or officers, for any liability pre- 
viously incurred, shall be impaired hereby. 

3. Reinstatement. Any such corporation may, within 
ninety days after the date that this act takes effect, reinstate 
itself as a corporation by the payment of any fees in arrears 
and the filing with the secretary of state of any annual re- 
turns required by law and a statement under oath, signed by 
the clerk or secretary of such corporation, that it desires that 
its charter or certificate of incorporation shall remain in full 
force and effect. 

4. Disposition of Property. Any corporation whose char- 
ter is hereby repealed, revoked and annulled, shall, neverthe- 
less, continue as a body corporate for the term of three years 
from the date that this act takes effect, for the purpose of 
presenting and defending suits by or against it and of gradu- 
ally closing and settling its concerns and distributing its 
assets, including the disposition and transfer of all or any part 
of its property and for no other purpose; provided that the 
superior court shall have power at any time when it shall be 
made to appear, upon the petition of any interested party, 
that the protection of proprietary or other rights requires the 
doing of any act or thing by or in behalf of any such corpora- 
tion to order the doing of such acts or things, and for this 
purpose may appoint and authorize an agent to act for and in 



438 



Chapters 292, 293 



[1939 



the name of such corporation and any action so ordered and 
done shall be effective corporate action. 

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

[Approved June 16, 1939.] 



CHAPTER 292. 



AN ACT RELATING TO THE BOND ISSUE OF BELKNAP COUNTY. 



Section 

1. ■ Belknap county refunding 
bonds. 



Section 

2. Issue. 

3. Takes effect. 



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

1. Belknap County Refunding Bonds. Belknap county is 
hereby authorized to refund its entire bond issue except one 
hundred and twenty thousand dollars ($120,000) recently 
issued at the lowest obtainable interest. 

2. Issue. Such refunding may be through authority of the 
county convention at a special meeting called for the purpose 
in accordance with the provisions for county bonds in chap- 
ter 38 of the Public Laws and shall not exceed the sum of two 
hundred and twenty-five thousand dollars. 

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

[Approved June 16, 1939.] 



CHAPTER 293. 



AN ACT IN AMENDMENT OF THE CHARTER OF THE CITY OF 

KEENE. 



Section 


Section 


1. City of Keene, charter. 


8. Ordinances. 


2. Biennial meeting. 


9. Referendum. 


3. Convention. 


10. Adoption of provisions. 


4. Mayor and councilman. 


11. Future change in form of gov 


5. Salaries. 


ernment. 


6. Vacancies. 


12. Repeal. 


7. Application of laws. 





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

1. City of Keene. The legislative and administrative 
powers of the city of Keene shall be vested in a mayor and 



1939] Chapter 293 439 

ten councilmen. The city council shall consist of a mayor as 
ex-officio chairman and the ten councilmen sitting and acting 
together as a single body. The mayor shall be chosen by the 
qualified voters of the city at large, voting in their respective 
wards. Two councilmen shall be chosen from each ward by 
the qualified voters thereof. Seven members shall constitute 
a quorum to transact all business. The city clerk shall act as 
clerk of the city council. 

2. Biennial Meeting. The biennial meeting of the regular 
voters of the city of Keene for the choice of city and ward 
officers shall be held on the first Tuesday next following the 
first Monday in November, 1941, and biennially thereafter. 
All city and ward officers then elected shall hold their re- 
spective offices for four years from the first Tuesday in 
January next succeeding, and until others are chosen and 
qualified in their stead, except as hereinafter provided. 

3. Convention. The mayor and councilmen shall meet in 
convention to take the oath of office on the first Tuesday of 
the January after they are elected, at 10:00 o'clock in the 
forenoon. 

4. Mayor and Councilmen. The voters of the city of Keene 
shall elect at the biennial meeting of November, 1941, by 
plurality vote, a mayor for a term of two years, and two 
councilmen from each ward. That candidate for councilman 
who shall receive the greatest number of votes in his ward 
shall hold his office for the term of four years from the first 
Tuesday of January next thereafter and until his successor is 
elected and qualified. The candidate for councilman who shall 
receive the next greatest number of votes in his ward shall 
hold his office for the term of two years from the first Tues- 
day of January next thereafter and until his successor is 
elected and qualified. In case of a tie vote in any ward for 
the two candidates who receive the greatest number of votes, 
the city clerk shall determine by lot who shall be councilman 
for four, and who shall be councilman for two, years. There- 
after one councilman shall be elected in each ward at each 
biennial election for a term of four years as provided in sec- 
tion 2. 

5. Salaries. The city council shall have the powers vested 
in like city bodies by statute and may make rules and ordi- 
nances pertaining to the city which are not inconsistent there- 



440 Chapter 293 [1939 

with. The first city council elected under the provisions of 
this act shall determine the salary of the mayor, but not to 
exceed twelve hundred dollars per year, salaries of the council- 
men, not to exceed one hundred dollars per year each, and the 
salaries of other city officers. Thereafter the salary of the 
mayor and councilmen, within the aforementioned limits, may 
be increased or decreased by the affirmative vote of seven 
members of the city council taken at a regular meeting, notice 
of such proposed increase or decrease having been given at a 
regular meeting at least thirty days previously. The salaries 
of the mayor and councilmen shall not be increased during 
their term of office. 

6. Vacancies. When a vacancy occurs in the office of 
mayor by death, resignation, or otherwise, that vacancy shall 
be filled under the provisions of sections 5 and 6, chapter 51, 
of the Public Laws or amendments thereto, except that a mem- 
ber of the council shall be eligible for the election to the office 
of mayor. Vacancies in the city council shall be filled as pro- 
vided in section 7, chapter 52, Public Laws. 

7. Application of Laws. The Public Laws of the state so 
far as they relate to the powers and duties of mayors of 
cities ; to the powers and duties of city councils ; to the nomina- 
tions and election of city officers; to the preparing, printing 
and preservation of ballots and check-lists for use at such 
elections, and all other laws then in efi'ect in the city of Keene 
shall continue in full force and effect in the government of 
the city, except so far as they are repealed and modified by 
the provisions hereof. 

8. Ordinances. All valid ordinances of the city of Keene 
in eff'ect on the first Tuesday of January, 1942, when this act 
shall become effective, shall continue in full force and effect 
unless they are repealed, modified, or otherwise changed by 
this enactment or by the city council as established by sec- 
tion 1 hereof. 

9. Referendum. This act shall not take effect unless it is 
adopted by a majority vote at the next regular municipal 
election to be held in the city of Keene on the Tuesday next 
following the first Monday in November, 1939. The select- 
men of the several wards in said city shall insert in their 
warrant for said election, an article providing for taking the 
sense of the qualified voters upon the following question : Shall 



1939] Chapter 293 441 

the provisions of an act entitled "An Act in amendment of the 
charter of the city of Keene," be adopted? The city clerk 
shall, in preparing the ballots for said election, place upon the 
face of said ballots the question: "Shall the provisions of an 
act entitled 'An Act in amendment of the charter of the city 
of Keene,' be adopted?" Beneath said question shall be 
printed the word "Yes" and the word "No," with a square im- 
mediately opposite each of said words and the voter shall in- 
dicate his choice by making a cross in the appropriate square. 
Only those ballots which have been marked with a preference 
on said question shall be counted in determining the result 
of said vote. 

10. Adoption of Provisions. If the provisions of said act 
are adopted at said election by a majority vote, said provisions 
shall take effect as follows: So much as relates to the pre- 
liminaries for and the holding and conduct of the first 
municipal primary and election shall take effect upon such 
adoption. For all other purposes, the act shall take effect on 
the first Tuesday of January, 1942. 

11. Future Change in Form of Government. Said city may 
from time to time modify, in whole or in part, its form of gov- 
ernment above set forth and adopt instead thereof a bi- 
cameral form, a city manager form, or any other form of local 
government which shall conform to and not conflict with the 
laws of the state, under such rules and regulations as the city 
council, or such body as may be substituted therefor, may 
prescribe. 

12. Repeal. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

[Approved June 17, 1939.] 



STATE OF NEW HAMPSHIRE 



Office of Secretary of State, 
Concord, September 20, 1939. 

I hereby certify that the acts and resolutions and changes 
of names contained in this volume have been compared with 
the originals in this office and found to be correctly printed. 

ENOCH D. FULLER, 

Secretary of State. 



INDEX 

PREPARED BY 

MARION G. ALEXANDER 



INDEX 

TO 

NEW HAMPSHIRE LAWS 

JANUARY SESSION, 1939 



Page 

Abatement, legacy taxes upon certain contingent bequests 158, 159 

taxes, application to be in writing 39 

Accident and health insurance policies, cancellation 101 

insurance companies not affected by hospital service 

corporation law 79 

Accidents, motor vehicle, see Motor vehicles. 

Action, civil, wage claims 105 

none brought against state for air navigation facilities 370 

see also Limitation of action; Small claims. 

Adjutant-general, appropriation for department 315, 343 

deficiency appropriation 292, 293 

tenure of office 166 

Advertising, state, New York World's Fair 374, 375 

purchase of motion 'picture, "The Ninth State".. 293 

World's Poultry Congress 2>2)7 

tourist guides, license required for sale of 27 

town, appropriation for 88 

Aeronautical facilities, appropriation 370 

constitutionalit}' of act 371 

declaration of purpose 368 

definitions 368, 369 

director 369-371 

federal aid, acceptance of 370 

public ownership of 370 

use of 370 

Aged, aid to, see Old age assistance. 

Agricultural co-operative associations, rural electrification 298-301 

see also Co-operative, 

fairs, distribution to, from revenue from horse racing 14-16 

motor vehicles 41, 42, 126, 183-185 

trucks, emergency use for hauling logs 1-3, 279, 280 

.Agriculture, appropriation for department 315-317, 343-345 

commissioner of, revenue to fairs to determine and 

regulate 1-S 16 

see also Domestic animals. 

Air compressor towed by motor vehicle, registration 41, 42, 126, 127, 

184, 253, 254 
navigation, see Aeronautical. 

445 



446 Index [1939 

Alcoholic beverages, sec Beer. 

Ambulances, operation of vehicles upon approach of 185, 186 

use of sirens on 185, 186 

American Legion, town appropriation for memorials to 44 

Androscoggin river and tributaries, fishing 29, 30, 54, 202, 207 

Animals, domestic, diseases of, see Bang's disease ; Bovine tuberculosis. 
Annex, state house, see State house annex. 

Antitoxin, appropriation for purchase of 333, 360 

Appeal, boundary line of highwaj-s 165, 166 

public service commission to, membership in co-operative 

electrification association 300 

superior court, sec Superior court appeal. 

Apportionment of public taxes 241-248 

Appropriation, Avery, Mrs. Lester M. in favor of 380 

Appropriations, biennium, adjutant general's department 315, 343 

agriculture, department of 315-317, 343-345 



armories 315 

arts and crafts commission 341 

attorney-general's department 317 

bank commissioner 336 

blind, aid to 336 

bounties 323, 

cancer commission Zi7 

children, dependent 336, 

chiropractic, board of 341 

civilian conservation corps 336, 

comptroller's department 317, 318, 345 

Council of State Governments 314, 



education, state board of 331-333, 358-360 



employment services 320, 

executive department 314, 

factory inspection 320, 

firemen's relief fund 318, 

fish and game department 341, 367 

forestry and recreation 318, 319, 346 

Grand Army, department of 319 

Granite State Deaf Mute Mission 318, 

health, state board of ?>?>i, 334, 360, 

industrial school 324, 325, 351 

insurance department 319, 

interstate compacts 320, 

Keene Teachers College 332 

labor, bureau of 319, 320, 347, 

Laconia State School 325, 326, 352, 

land use board 338, 

legislative expense 313 

military organizations 318 

milk control board 340, 

minimum wage 320 

municipal accounting 339 



343 
367 
345 
363 
363 
350 
363 
363 
367 
363 
346 
342 



348 
342 
348 
346 
368 
347 
347 
346 
361 
352 
347 
348 
359 
348 
353 
364 
342 
346 
366 
347 
366 



1939] Index 447 

Appropriations, biennium. 

National Guard 315, 343 

New Hampshire Historical Society 318, 346 

Veterans Association . . 318, 346 

old age assistance 336, 363 

Old Home Week Association 318, 346 

optometry, board of 341, 367 

pharmacy commission 341, 367 

Pierce, Franklin, homestead 321, 349 

planning and development Z2)7, 338, 364 

Plymouth Teachers College 332, 359 

Prisoners' Aid Association 318, 346 

probate courts, judges 315, 343 

registers and deputies . . 315, 343 

probation department 340, 367 

public library commission 338, 365 

service commission 339, 365 

purchasing agent's department 320, 348 

regional development associations 337, 364 

secretary of state's department 320, 348 

Sheep Breeders' Association 316, 344 

soldiers and sailors, burial 323, 350 

soldiers' home 328, 355, 356 

state building, Springfield 341, 367 

hospital 326, 327, 353-355 

house annex sinking fund 341, 368 

house department 321, 349 

library 321, 349 

police 321, 349 

prison 329, 356, 357 

sanatorium 330, 331, 357, 358 

stream flow gauging stations 340, 367 

superior court 314, 342 

supreme court 314, 342 

tax commission 339, 340, 365, 366 

teachers retirement 341, 367 

tobacco tax 340, 366 

traveling libraries 338, 365 

treasury department 322, 323, 350, 3.il 

University of New Hampshire i2i, 351 

veterans' committal allowance 323, 350 

veterinary surgeons 341, 367 

vital statistics m, 360 

w^ter control commission 340, 367 

water resources board 341, 367 

Webster, Daniel, birthplace 321, 348 

weights and measures 323, 351 

welfare, public 334-336, 361-363 

white pine blister rust 319, 346 

World's Poultry Congress 337 



448 Index [1939 

Appropriations, bovine tuberculosis and Bang's disease 181, 182 

Callahan, Thomas J., in favor of 395, 396 

Caron, Joseph, in favor of 388 

deficiency 292, 293 

disabilitj' benefits commission 289 

Donahue, James F., in favor of 396 

Eastern States Exposition 379, 380 

firemen's retirement fund 171 

flood control and power development commission... 373, 374 

projects, reimbursement to towns .... 287 

forest fire emergenc}' 390, 391 

general purposes of state 380, 381 

Hampton Harbor toll bridge 289, 290 

Harris, Gordon F., in favor of 386 

Hashim, Charles, in favor of 393 

highway construction, six-year plan 134-136 

Hillier, H. W., in favor of 393 

Hooksett, in favor of 392 

Hudson, Clyde, in favor of 393, 394 

Hunnewell, Everett, in favor of 387 

industrial school, state 235 

Kaskonas, William, in favor of 392 

Laconia State School improvements 223, 311, 312 

liquor commission, office building 371, 372 

Long Island, Moultonborough, public park 258 

McGirr, Emma S., in favor of 388, 389 

military records ^11, 378 

Moore, Ernest, in favor of 386, 387 

Mount Washington Observatory 378, 379 

municipal accounting 297 

Public Laws revision 302, 303 

Neal, Guy S., and others 375, 376, 394, 395 

■ New Hampshire Veterans Assn 381 

York World's Fair, advertising 374, 375 

Parsons, Fred D., in favor of 389, 390 

Ramig, Robert, in favor of 381 

Rye Harbor improvements 305 

Sesquicentennial, memorial work 387, 388 

Ski Federation World Championship 385, 386 

Stark, John, house, repair of 384 

state hospital improvements 311, 312 

house 292 

prison 293, 383, 390 

sanatorium i 239, 382 

Taylor, Harry S., in favor of 387 

town, see Town appropriations. 

University of New Hampshire building program. ... 132, 133 

Armories, appropriation 315, 343 

Arrest, violation of parole from state prison 161, 162 

Arts and crafts commission, appropriation 341, 367 



1939] INDEX 449 

Assessment, public taxes 241-248 

taxes, real estate, list of 32, 33 

Attachment, exemption from, benefits under firemen's retirement 

system 1 74 

Attorney-general, appropriation for department 317, 345 

consolidation of corporations, approval of 307 

Audits, municipal 295-297 

Aureolus, fishing for 200, 201 

Avery, Mrs. Lester M., appropriation in favor of 380 

Back lake, Pittsburg, brook trout taking 108, 197 

Ballots, official, see Keene Union School District ; Union School 
District in Concord. 

preservation of 86, 87 

primary, declaration of party membership 95, 96 

recount of, see Recount. 

Bang's disease, eradication of, appropriation 180-182 

bond issue authorized 180-182 

quarantine areas 180 

tests for 180 

indemnit}' for condemned animals 249-251 

marking tested animals 250 

valuation of condemned animals 248, 250 

Bank commissioner, appropriation for department 336, 363 

approval of deposits of town and city funds 

outside of state 213, 214 

guaranty savings banks, powers as to 216-218 

demand notes 215 

deposits of town and county funds 213, 214 

guaranty savings banks 216-218 

real estate holding 215, 216 

savings, see Savings banks, 
trust companies, see Trust companies. 
see also Building and Loan. 
Bankruptcy, firemen retirement benefits exempt from operation of 

laws 174 

Barnstead, election legalized 41 1 

Glidden property, sale of, authorized 106 

Bass, black, see Black bass. 

Beaver, open season for taking in Coos county 79, 80 

penalties 80, 81 

sale of skins authorized 80 

skins to be stamped by conservation officer 80 

taken by trapping only 80 

written application for open season 79, 80 

Beer, sale of, bonds required of manufacturer and wholesale 

permittees 371 

disposition of revenue from 130 

fees 128, 129, 130, 220 

manufacturer permittees 219, 220, 371 



450 Index [1939 

Beer, sale of, off-sale permits for wholesaler and manufact- 
urer 129, 130, 219, 220 

reports 129-131 

retail permittees to purchase from manufacturer 

or wholesaler 219, 220 

solicitor's permit, exceptions 29 

wholesalers 128-131, 219, 220 

see also Liquor commission. 

Belknap county officers term of office 101, 102 

refunding bonds authorized 422, 438 

state reservation, maintenance of roads in 120 

Belmont refunding bonds authorized 418 

town meeting legalized 418 

Bethlehem Junction Reservoir, flood control project 163 

Village District, annual meeting legalized 416 

commissioners to have powers of water 

commissioners 416 

water supplj', fishing prohibited 84, 85, 207 

Beverages, alcoholic, see Beer. 

Bicycle riders, clinging to vehicles prohibited 186, 187 

law of the road, applicable to 186, 187 

penalty for violations 187 

town by-laws, for licensing 187 

Big Brook, Pittsburg, taking brook trout ^2,, 156, 157, 199 

Biologist for fish and game department 153, 154 

Black bass, taking 201 

Blackwater Reservoir, flood control project 163, 164 

Blind, aid to, appropriation for 336, 363 

pedestrian carrying white cane has right of way on cross 

walks 56, 57 

Blue Sky law, see Sale of securities. 
Boats, motor, see Motor boats. 

Bonds and notes, state, diseases of domestic animals 180-182 

Hampton Harbor toll bridge 290, 291 

highway, repair and construction 136-138 

hurricane flood damage 136-138 

Laconia State School 223, 224 

Rye Harbor improvements 306 

state hospital facilities 312, 313 

sanatorium improvements 239-241 

University of New Hampshire 132, 133 

Boscawen, reconveyance of land to Sumner authorized 164 

Boundary lines of highways, reestablishment of 165, 166 

Bounties, appropriation for 323, 350 

Bovine tuberculosis, appropriation for indemnities 181, 182 

indemnity, amount of 180-182 

quarantine areas established 180 

Brakes for trailers and semi-trailers 116 



1939] Index 451 

Bridge Authority, Interstate, see Portsmouth-Kittery bridge. 

change of grade or relocation by project of water resources 

board 284, 285 

Hampton Harbor, see Hampton Harbor toll bridge. 

no traps to be set under 117, 118 

Brook trout. Back lake, Pittsburg 108, 197 

bait and fly fishing 197, 198 

Big Brook 83, 156, 199 

certain brooks 199 

Connecticut river, Pittsburg 109, 110, 198, 199 

Connor pond 31, 198 

fly fishing only 198. 199 

general provisions 197-200 

ice fishing prohibited 82, 83, 200, 201 

limitation on catch 107, 108, 197, 199 

Little Diamond pond 108, 197 

open season 107, 108, 197-200 

Partridge lake, Littleton 108, 109, 198 

Perry stream 109, 110, 198, 199 

special open season, 1939-1940 82, 83, 197 

ten-inch 199 

Trio ponds, Odell 24, 25, 198 

Budget bills, see Appropriations. 

Building and loan associations, borrowing by 62 

capital stock 61, 62 

consolidation of associations 65 

death of shareholder 67 

dividends of paid-up share certifi- 
cates 62, 63 

federal housing administrator, loans 64, 65 

instalment shares 61, 62 

investment share certificates 63 

investment of excess funds 64 

joint accounts, dividends on 65, 66 

retirement of paid-up sliare certifi- 
cates 63, 66, 67 

shares legal investments for guardi- 
ans and town trust funds 64, 65 

withdrawals 63 

Cabins, see Roadside houses. 

Callahan, Thomas J., in favor of 395, 396 

Cambridge, fishing in certain brooks in 154, 207 

Canaan Street Lake, name given 16 

Cancer commission, appropriation for 337, 363 

Canning perishable foods, hours of labor for employees 60 

Cannon Mountain tramway, see Tramway. 

Capital cases, witnesses 227, 228 

Cardigan State Reservation, Orange, maintenance of roads in 120 

Caron, Joseph, in favor of 388 



452 INDEX [1939 

Cathedral Ledge state reservation, maintenance of roads in 120 

Cement mixers towed by motor vehicles, registration . . 41, 42, 126, 127, 184, 

253, 254 

Cheshire county commissioner districts established 68, 69 

municipalities may acquire land for flood control 106, 107 
Children, crippled, see Crippled children. 

dependent, aid for 336, 363 

handicapped, education to be furnished 176-178 

enumeration of 176 

teachers employed by school district 177 

transportation 177 

suffering from deafness, reports required 178 

Chiropractic, board of, appropriation for 341, 367 

citizenship requirements for examinations for 152 

Circus motor vehicles, fees for registration 57 

Citizenship requirements for practice of, chiropractic 152 

dentistry 36 

medicine 151, 152 

optometry . 277, 278 

City emergency notes, extension of time for issuance of 2i2 

finances, see Municipal. 

funds, deposit of 214 

ordinances, licensing bicycles 187 

penalty for violating 187 

tax collectors, see Tax collector. 

treasurer, duties of 214 

see also Municipal. 

Civil action, wage claims 105 

Civilian conservation corps, appropriation for 336, 363 

Claims, small, see Small claims. 

Clams, town regulations for taking 212 

Closed waters to all fishing 5, 6, 29, 30, 50, 51, 67, 68, 84 

85, 95, 96, 205-207 

Coe-Brown Northwood Academy, name given 417 

Coe's Northwood Academy, name changed to Coe-Brown North- 
wood Academy 417 

Collision insurance, incorporation for 23 

Commissions established, disability benefits 288, 289 

flood control and water power 373, 374 

occupational diseases 381, 382 

revise Public Laws 302, 303 

Commitment to Laconia State School 311, 312 

state hospital 188, 189 

Comptroller, appropriation for department 317, 318, 345, 346 

firemen's retirement board, member of 168, 169 

Conch, taking 212 

Concord, Union School District in, see Union School District. 



1939] Index 453 

Congregational-Christian Conference, see New Hampshire Congre- 
gational Conference. 

Societj' in Tamworth, annual meeting, date of .... 424, 425 

assessment on members 424 

Connecticut river, Pittsburg, fashing in 109, 110, 198, 199 

Connor pond, Ossipee, brook trout, taking 31, 198 

Conservation officers, fish and game, beaver skins stamping 80 

lobster patrol 211, 261 

Constables, bonds for 26 

Constitutional convention, deficiency appropriation for 292 

Contracts, hospital service corporation, form of 76, 77 

Conventions, veterans, see Veterans. 

Conway school district meeting validated 410 

Village Fire District, meeting legalized 428 

Co-operative marketing associations, no par value stock 91 

public service commission juris- 
diction 300, 301 

reports required 300 

rural electrification 298-301 

Coos county, beaver, open season by proclamation 79, 80 

borrowing 222, 223 

commissioners, transfer of duties to fiscal agent .... 89, 90 

deer, open season 93 

fiscal agent, powers 89, 90, 222, 223, 373 

salary 89, 90 

treasurer, county notes to countersign 222, 223 

to pay out money only upon order of agent 89, 90 

Corporations, building and loan, capital stock 61, 62 

consolidation of 65 

legal investments 64 

charters of certain, repealed 429-438 

co-operative, see Co-operative. 

fees for recording merger of 308, 309 

fraternal benefit societies, incorporation of 46-48 

guaranty savings banks, operation as mutual savings 

banks 216, 217 

hospital service 74-79 

information to be furnished to insurance commissioner 72, 73 
insurance, see Insurance. 

merger and consolidation of 306-310 

status as dealers in securities 72 

trust company savings department, as mutual savings 

bank 217,218 

Costs assessed against violators prosecuted by state police 278 

small claims litigation 229 

Council of State Governments, appropriation for 314, 342 

Counterfeiting tobacco products tax stamps 194 

County audits 296, 297 

commissioner districts, Cheshire 68, 69 

commissioners, Coos county, see Coos county. 

petition for county audit 296 



454 Index [1939 

County convention, petition for countj- audit 296 

emergenci' notes, witli state guarantee 32 

funds, deposit of 213 

officers, Coos county 89, 90, 222, 223, 373 

Cheshire county commissioners 68, 69 

term of office 101, 102 

reports, financial, form 295 

information to tax commission 295, 296 

name of soldiers aid recipient not pubUshed 4 

publication of results of audit 296, 297 

taxes, collection of ' 34 

computation of 287 

date when interest accrues 34 

treasurers, salaries 10, 11 

Court, municipal, sec Municipal court, 
superior, sec Superior court, 
supreme, see Supreme court. 

time within wiiich notice of motor vehicle violations for- 
warded 58 

Criminal procedure, witnesses in capital cases 227, 228 

Crippled children services, appropriation 334, 361 

Cross walks, right of way on 56, 57 

Crystal lake, Canaan, name changed to Canaan Street Lake 16 

D. A. R. Molly Stark Chapter, Inc. see Molly Stark Chapter, Inc. 

Deaf, aid to, administered by board of education 7-9 

Dealer defined under motor vehicle laws 40 

in securities 72 

Deeds, register of, see Register of deeds. 

Deer, open season for taking 93 

taking in Coos county 93 

Deficiency appropriation for certain departments 292, 293 

Demand notes held by savings banks 215 

Dental board, state, appointment 35, 36 

compensation 36 

quorum 36 

rules and regulations 37 

term of office 35, 36 

see also Dentistry, practice of. 

Dental-hygienists, annual registration 37 

Dentistry, practice of, annual registration 37 

citizenship requirement for examination. ... 36 

disposition of fines 36 

examinations, qualifications 36 

failure to register 37 

fees 36-38 

forfeiture of license 37 

interstate provisions 38 

licenses without examination 37 

reciprocal provisions 37, 38 



1939] Index 455 

Dentistry, practice of, rules and regulations of board Zl 

see also Dental board, state. 
Development commission, state, see Planning and development. 

Dimond pond, Warner, closed to ice fishing 94, 95, 204 

Disability benefits, commission on, appropriation 289 

membership 288 

powers and duties 288, 289 

Diseases, domestic animals, sec Domestic animals. 

occupational, see Occupational diseases. 

Distraint for collection of property taxes, limitation of action .... ii 

Distributor, milk, defined 157 

tobacco products 192, 193, 232, 22,Z 

Domestic animals, diseases of, appropriation 180-182 

Bang's disease 180-182 

bovine tuberculosis 180-182 

disposal of carcasses 248, 249 

indemnity for animals 249, 250 

marking for reactors 250 

sale of animals 250, 251 

valuation of condemned animals... 248, 249 

corporations, sale of securities 72 

insurance companies, examination of 20, 21 

licenses 20 

Donahue, James F., in favor of 396 

Driveways onto highways, permit for construction required 103, 104 

Drug stores, retail, pharmaceutical equipment required 35 

registration, suspension or revocation of 35 

rules of pharmacy board 35 

Dustin, Hannah, Monument, care and maintenance 236-239 

Eagle, golden and bald, protection of 304 

Eagles, Fraternal Order of, Manchester, property to hold 421, 422 

Eastern States Exposition, appropriation for repair of hurricane 

damage 379, 380 

New Hampshire building, appropriation 341, 367 

Education, aid to deaf 7-9 

commissioner of. Flag Week observance 385 

lists of nurses for hospital 55, 56 

registered nurses annual permit 55 

state board of, appropriation for department .... 331-333, 358-360 

deaf, administer aid for 7-9 

furnish information as to schools. .. 178 
handicapped children, acceptance of 

federal funds 177 

investigation of 176 

register to keep 176 
see also Schools ; Teachers. 

Elbow pond, Woodstock, closed to ice fishing 83, 84, 204 

Elections, Belknap county officers 101, 102 

Cheshire county commissioner districts 68, 69 



456 Index [1939 

Elections, Concord, Union School district, ballots for 420, 421 

distribution or posting of cards within election place 

prohibited 127, 128 

Keene, biennial see Keene. 

legalized, Barnstead 411 

Aliddleton 421 

school district, procedure for recount of ballots 86-88 

Somersworth, biennial 413-415 

town meetings, preservation of ballots and recount .... 86-88 
sec also Keene Union School District ; Primary. 

Electric energy, co-operative association for transmission of 298-301 

Electrification, rural, see Rural electrification. 

Embalmers, constitutionalit}' of provisions of law 69 

qualification for applicants for examination 69, 70 

Emergency borrowing for flood damage 9 

closing of roads in case of forest fires 187, 188 

notes, towns, counties, issuance of 32 

public works, extension of act 3, 4 

timber salvaging, truck for 1-3, 279, 280 

vehicles, use of sirens 185, 186 

sec also Forest fires. 

Eminent domain, Cheshire county flood control 106, 107 

co-operative association for rural electrification 300 

flood control projects 106, 107, 163, 164 

Hampton Harbor bridge 291 

Long Island, Moultonborough 258 

Rye Harbor improvements 306 

water resources board 282-284 

Employment offices, free, maintenance of 148, 149 

service, division of bureau of labor 148 

services, appropriation for 320, 348 

see also Labor. 

Errol, fishing in certain brooks in 154, 207 

Escheat, state land acquired by, sale authorized 106, 220, 221 

Evidence admissable in small claims cases 229 

Executive department, appropriation 314, 342 

Explosives, use in taking fish prohibited 207, 208 

Factory inspection, appropriation 320, 348 

Fair Labor Standards, see Federal. 

Federal aid, air navigation facilities 370 

Hampton toll bridge 290 

handicapped children 176-178 

health promotion 90 

highway construction 136 

Laconia state school 223, 313 

liquor commission office building 372 

Rye Harbor improvements 305 

state hospital 313 

industrial school 235 



1939] Index 457 

Federal aid, state prison 293, 294 

sanatorium 239, 340 

unemployment compensation 150 

wildlife restoration projects 195, 196 

consent to compact for Portsmouth-Kittery bridge 70, 71 

constitution, appropriation for memorial work on N. H. 

share in 387, 388 

Fair Labor Standards Act of 1938, enforcement of 131, 132 

hospitalization board, memorial to 376, 377 

housing administrator, mortgages insured by ....64, 65, 179, 215, 218 

219, 252 

savings and loan associations, shares as legal investment. . 64, 65 
see also United States. 

Fees, beaver skin, stamping 80 

chiropractic, examination for practice of 152 

circus motor vehicles 57 

corporation, merger of, recording 308, 309 

dentistry, practice of 37, 38 

distributors of milk, licenses 157 

entry, small claims 229 

fraternal benefit societies 47, 48 

hospital service corporation, license 75, 76 

merger or consolidation of corporations, recording 308, 309 

motor boats, manufacturer or dealer of 114 

vehicle 1-3, 41, 42, 125-127, 183, 184, 253, 254 

nurses annual registration 55 

outboard motors, manufacturer or dealer in 114 

permits for sale of beer 220 

sheriffs 143 

tobacco products, licenses for sale of 190 

trust receipt financing, filing 275 

witnesses 143 

Fences required for motor vehicle junk yard 43, 44 

Fernald brook, Wolfeboro, closed to smelt fishing 30, 31, 203 

Ferrin pond in Weare, fishing in 197, 260 

Finance companies, motor vehicle, see Motor vehicles. 

Financial responsibility, motor vehicle, municipal fire departments 

exempt 186 

national guard, exempt . . . 167 
reregistration of vehicle in- 
volved in accident .... 42, 43 
suspension of registration 

after accident 42, 43 

Fines, dental board, received by 36 

imposed for false statement as to poll tax payment 112, 113 

paid by violators prosecuted by state police 278 

violation of rules of harbor-master 310, 311 

Fire departments, exemption from financial responsibility law .... 186 

use of sirens on vehicles 185, 186 

hazard, entry upon private land, to remove 121 



458 Index [1939 

Firemen, retirement system, administrative board 168, 169 

assessments 170, 171 

assignment of benefits 174 

benefits for permanent men 172-173 

call men 173, 174, 234, 235 

compensation for death or disability . . 173, 174 

definitions 168 

dismissal from service 174 

exemption from attachment 174 

fund established 170, 171 

limitation for applications 169, 172, 173 

payments and benefits exempt from 

attachment 174 

qualifications for permanent men .... 169, 170 

resignation and reinstatement 174 

retirement of permanent men 192 

state contribution to fund 171 

who entitled to benefits 169, 170, 173 

Firemen's relief fund, appropriation 318, 346 

Fires, see Forest fires. 

Fish and game, Androscoggin river 29, 30, 207 

beaver, open season in Coos county 79, 80 

biologist to be employed 153, 154 

brook trout, see Brook trout. 

clams, town regulation for taking 212 

codification of laws as to taking fish 196-212 

conservation officers, stamping beaver skins 80 

deer, open season 93 

department, appropriation 341, 367, 368 

compensation of employees 153, 154 

director, declaration of beaver open season 79, 80 

eagles protected 304 

fisli, general and specific provisions for taking . . . 196-212 

fly fishing only in certain waters 198, 199, 259 

fur-bearing animals, protected 79 

dealers, non-resident, purchases from resident 

dealers 25 

Gale river, closed to fishing 84, 207 

Gumpus pond, closed to fishing 95, 207 

ice fishing, see Ice fishing. 

Lake Katherine, closed to fishing 68, 207 

lake trout 118, 200, 201 

Leonard pond in Errol 29, 30, 54, 202, 207 

licenses, poll tax receipt or affidavit required .... 112, 113 

revocation of 112 

Magalloway river 29, 30, 207 

Massabesic lake 1 18, 200 

Melvin river, Tuftonboro 92, 93, 197, 206 

New Inlet brook closed to fishing 67, 68, 205 

Oliverian brook in Benton 206, 259 



1939] Index 459 

Fish and game, perch, see Pike perch ; White perch ; Yellow perch. 

pickerel 6, 7, 54, 201, 202 

Pisgah reservoir, tributaries 50, 51, 206 

raccoon, open season, method of taking 303 

Robinson pond, fishing o, 6, 206 

St. Paul's School game refuge 24 

salmon, taking 82, 83, 200, 201 

salt water smelt, taking 81, 211 

smelt fishing, waters closed to 30, 31, 91, 92, 203 

Three pond brook in Rumney 206, 259 

Umbagog lake, fishing 29, 30, 54, 202, 207 

unprotected birds 304 

waters closed to all fishing, list of 205-207 

white perch, open season 201 

wildlife restoration projects 195, 196 

Zealand river, closed to fishing 85, 207 

fry, selling 208 

Flag Week, governor to proclaim observance of 384, 385 

Flood control and power development, commission for study of.... 373, 374 

Cheshire county towns and city 106, 107 

acquisition of land 106 

assessment of damages .... 107 
projects, reimbursement to towns for loss in tax 

valuation 286, 287 

United States, additional projects 164 

application of laws 164 

consent of state granted 163 

projects named 163 

damage, appropriation for repair of highways 134-136 

bond issue 134-138 

dredging and clearing channels of rivers 136 

emergency borrowing for 1939 9 

Flowage rights, acquisition by water resources board 282-284 

Fly fishing only in certain waters 198, 199, 259 

Foreclosure of mortgage, see Mortgage foreclosure. 

Foreign fraternal benefit societies 47 

insurance companies, annual statements 22 

taxation of 21, 22 

Forest fire hazard, entry upon private land for removal of 121 

protection, emergency appropriation for 390, 391 

wardens, power to close highway in emergency 187, 188 

fires, closing highways 187, 188 

town bills, reimbursement of 319, 346, 390, 391 

Forest lake, Winchester, closed to ice fishing 50, 204 

Forester, state, designate roads within reservations for reconstruc- 
tion 120 

entry upon private land to remove fire iiazard .... 121 

Forestry and recreation, appropriation for department ....318, 319, 346, 347, 

390, 391 

dcficicncj' appropriation 293 



460 Index [1939 

Forestry and recreation department authority over parking areas. . 120 
see also Recreational. 

Forfeiture, tobacco products unstamped 194 

Forgery, tobacco stamps, penalty 194 

Franklin Falls Reservoir, flood control project 163, 164 

refunding bonds authorized 420 

Fraternal benefit societies, annual fees 47, 48 

foreign companies 47 

hospital service corporation law not 

affected 79 

incorporation required 46, 47 

recording fees 47 

Fur buyer, non-resident, to purchase furs only from resident dealers 25 

Gale river. South Branch, see South Branch. 

Game refuge, establishment on property of St. Paul's School 24 

Gasoline tax, see Motor vehicle road toll. 
General Court, see Legislature. 

funds, state, income from beer sales payable to 130 

sale of land, revenue to 220, 221 

transfer from sinking fund 280, 281 

Glidden, Herbert C., estate, property of, sale authorized 106 

Golden and bald eagle, protection of 304 

Goldfish, use as bait prohibited 208, 209 

Governor and council, acceptance of federal aid for state improve- 
ments .... 223, 235, 239, 290, 293, 305, 313, 372 
approval of assistants for administration 

tobacco tax law 195 

-disability benefits commission, appointment 

of 288 

entry upon private land for forest fire pro- 
tection, to approve 121 

firemen's retirement board, appointment . . . 168, 169 

flood control projects, to approve 164 

Gray property, Littleton, to sell 220, 221 

highway repair projects, to approve 135 

revision of Public Laws, appointment of 

commission 302 

state building, custodians of 236, 238 

parole officers, salary, to approve .... 161 

superintendent of state buildings, to appoint 236 
University of N. H., land conveyance, to 

approve 225 

water resources board, approval of projects 282 

Flag Week proclamation 385 

General John Stark Day, proclamation 16 

Grand Army, department of, appropriation 319, 347 

Granite State Deaf Mute Mission, appropriation 318, 346 

Gray, property, Littleton, sale of, authorized 220, 221 

Guaranty savings banks, operation as mutual savings banks 217 



1939] INDEX 461 

Guarantj- savings banks, power to cancel guaranty fund 216 

Guardians, legal investments 64 

shares of building and loan and federal savings and loan 

associations, legal investments 64 

Gumpus pond, Pelham, closed season for fishing 95, 207 

Hamlin, George C, in favor of 396 

Hampton harbor, harbor-master for control of navigation 3.10, 311 

toll bridge, appropriation for construction 289-292 

bond issue 290-291 

condition of federal assistance 290 

operation and maintenance 291 

toll, collection of 291, 292 

school district, annual meeting legalized 426 

debt limit increased 426 

Handicapped children, education by school districts required 176, 177 

enumeration of 176 

federal assistance 177 

register to be kept by state board 176 

teachers to be employed 177 

term defined 176 

transportation authorized 177 

Harbor-master at Hampton harbor 310, 311 

penalty for violation of orders 311 
Hard of hearing, children, reports required by parents, physicians 

and teachers 178 

see also Deaf. 

Harris, Gordon F., in favor of 386 

Harts pond, Canaan, name changed to Canaan Street Lake 16 

Hashim, Charles, in favor of 393 

Health, state board of, acceptance of funds for general activities. . 90 

appropriation m^ 334, 360, 361 

children with impaired hearing, reports re- 
quired 178 

ice cream and sherbets, regulate pasteuriza- 
tion 53 

membership 115 

permit for manufacture and sale of ice 

cream or sherbet containing saccharin 53 

powers 90 

reimbursements of funds expended 90 

rules and regulations 90, 178 

training of personnel for health work .... 90 
Hearing, hard of, see Hard of hearing. 

Heath, Archie, in favor of 392 

Highway building equipment, operation of 254, 255 

reciprocal provisions 254, 255 

special permit for moving 254 

term defined 254 

closing in case of forest fires 187, 188 



462 INDEX [1939 

Highway commissioner, boundary lines, to reestablish 165 

permit for moving highway building equip- 
ment 254 

rules and regulations for driveways and 

approaches 103 

damaged by floods, state aid for 134-138 

federal aid, appropriation for state's share 134, 136 

funds, six-year program 134-138 

moving highway building equipment over, permit for.... 254 

relocation on account of project by water resources board 284, 285 

right of way, permit for entrance to 103, 104 

trapping proliibited 117, 118 

six-year plan, appropriation 134 

bond issue 136-138 

construction and reconstruction 134-136 

motor vehicle road toll 138 

repair of flood damage 134-136 

state reservations, maintenance of roads 120 

state, state-aided, secondary, trunk lines 

boundary lines reestablished 165 

driveways onto, exceptions 103 
penalty for failure to obtain 

permit 103, 104 

reconstruction and repair. . 134-138 

town, reestablishment of lost boundary lines 165, 166 

state aid for repair of flood damage 134-136 

White Mountain, designated 28 

Hillier, H. W., in favor of 393 

History of New Hampshire Convention, reprint of 387, 388 

Holidays, legal, see Legal holidays. 

Hooksett, town of, in favor of 392 

Horned pouts, open season for taking 202, 203 

Horse racing, agricultural fairs, distribution of revenue to 15, 16 

breakage, computation of 14 

distribution of revenue from tax 14-16 

employment of members of General Court 15 

owner of horse found doped loses share of purse. . 60, 61 

pari-mutuel pools, commissions and state tax 14, 15 

state revenue from pools 14, 15 

stimulation of horses prohibited 60, 61 

Hospital service corporations, agents to be licensed 75, 76 

annual examination by commissioner 11, 78 

application of act 79 

expiration and renewal of licenses. . 75, 76 

fees 75, 76 

form of contract, requirements 76, 77 

, incorporation 74 

investments, legal 78 

license from insurance commissioner 

required 75 



1939] Index 463 

Hospital service corporations, liquidation or merger 78 

must be organized under laws of 

N. H 75 

penalties 76 

powers of insurance commissioner. . 74-78 

rates and contracts to be approved. . 11 

reports required 11, 1^ 

revocation of licenses 75 

term defined 74 

workmen's compensation law not 

affected .' 79 

state, see State hospital. 

to receive annualK' list of all registered nurses 55, 56 

veterans, memorial to U. S. board 376, ill 

Hours of labor, laundry establishments, license for overtime 221, 222 

House trailer, equipment required 116 

Hudson, Clyde, in favor of 393, 394 

Hunnewell, Everett, in favor of 387 

Hunter Petroleum Company, Inc., lease of land from 155 

Hurricane and flood damage, appropriation for repair of ....134-136, 379, 380 

emergency town borrowing 9 

Eastern States Exposition, repair of damage 379, 380 

emergency timber salvage advisory work, appropriation 391 

special appropriation for forest fire protection 390, 391 

timber fallen by, registration of trucks hauling 1-3, 279, 280 

town appropriation for approaches to timber salvage 

storage ponds 18 

Ice cream, pasteurization of milk required 53 

requirements of manufacture of 52, 53 

rules and regulations of state board of health 52, 53 

use of saccharin permitted under permit from state board 53 

fishing, Dimond pond, Warner 94, 95, 204 

Elbow pond, Woodstock 83, 84, 204 

Ferrin pond 204, 260 

Forest lake 50, 204 

general provisions as to 204 

limit on number of lines 119, 204 

lines not to be connected 119, 204 

Miller pond, Grantham 86, 204 

Newfound lake 94, 205 

Nubanusit lake 38, 39, 205 

number of lines 119, 204 

Pillsbury reservation 110, 111, 205 

Spoonwood pond 39, 204, 205 

Stocker pond 86, 205 

Wash pond 13, 205 

waters closed to 204, 205, 260 

Industrial school, appropriation for maintenance 324, 325, 351, 352 

remodeling old main building. . 235 



464 Index [1939 

Inheritance taxes, sec Legacy and succession taxes. 

Insane, commitment to state hospital 188, 189 

Insolvency laws, benefits under firemen retirement exempt from.... 174 
Inspection, motor vehicle, see Motor vehicle inspection. 

Institutions, old age assistance to inmates of 48 

state, see Laconia State School ; State hospital ; 
State prison ; State sanatorium. 

Insurance agents, examination of business of 99, 100 

commissioner, advertising in tourist guides, to license... 27 
examination of agents and companies 20, 21, 99, 100 

firemen's retirement board, member 168, 169 

hospital service corporations, powers as to 75-78 

qualification of securities ; exceptions .... 73 

rules and regulations 73 

securities, dealers in, information from . . 72, 73 

companies, accident and health, cancellation of policies.. 101 

collision, insure against loss or damage from. . 23 

dividend notices to policyholders 99 

domestic, examinations of 20, 21 

expiration of licenses 20 

licenses 20, 21 

examinations of 20, 21, 99, 100 

foreign, annual statements 22 

casualty, licenses 100 

taxation 21, 22 

hospital service, see Hospital service corpora- 
tions. 

life, legal investments 251, 252 

mutual, authorized forms of business 23 

department, appropriation 319, 347 

deficiency appropriation 293 

reports and records, disposal of 22, 23 

Interstate Bridge Authority, see Portsmouth-Kittery Bridge. 

compacts, appropriation 320, 348 

Investments, legal, sec Legal investments. 

John Stark, see Stark. 

Junk yards, motor vehicle, declared nuisance in certain cases 44 

fences required 43, 44 

penalty for maintaining as nuisance .... 43, 44 

Justice of the peace, penalty for solemnizing marriage with invalid 

certificate 45 

Kaskonas, William, in favor of 392 

Katherine, Lake, Piermont, closed to fishing 68, 207 

Kearsarge state reservation, fund for recreational facilities 121 

maintenance of roads in 120 

Keene, acquisition of land for flood control purposes 106, 107 

city of, application of laws 440 

biennial meetings 439 



1939] Index 465 

Keene, city of, charter amendments 438-441 

convention of mayor and councilmen 439 

future change in form of government 441 

mayor and councilmen, election 439 

ordinances 440 

referendum for adoption of act 440, 441 

term of office 439 

tie vote 439 

vacancies 440 

normal school, name changed to Keene Teachers College. . . 155, 156 

Teachers College, appropriation 332, 359 

name given 155, 156 

Union School District, elections, filing of candidacy 429 

mode of balloting 429 

official ballots 428, 429 

plurality vote for election 428 

Labor, bureau of, appropriation 319, 320, 347, 348 

assist in enforcement of federal fair labor stand- 
ards act 131, 132 

commissioner, acceptance of aid for free public employment 

offices 148-150 

disability benefits commission, member 288 

duties under unemployment compensation act 148-150 

laundry work overtime, hearing for 221, 222 

salary increase 287 

wage claims to prosecute when assigned .... 105 
employment, see Employment. 

hours of labor for laundry establishments 221, 222 

Sunday work, exceptions 60, 234 

unemploi'ment on account of sickness, commission to in- 
vestigate 288, 289 

workmen's compensation, sec Workmen's compensation. 

Laconia state school, appropriation for maintenance 325, 326, 352, 353 

commitments to 312 

heating plant improvements 223, 224 

patients dormitory at 311-313 

transfer of persons from state hospital to.... 311-313 

trustees, powers and duties 311, 312 

Lake Katherine, see Katherine, Lake. 

trout, taking in Lake Massabesic 118, 200 

limit on 200 

open season 200 

through the ice 1 19, 204 

W'entworth, see Wentworth, Lake. 

Land use board, appropriation 338, 364 

Landlord and tenant, notice after foreclosure of mortgage 46 

to vacate equal to rent period 54, 55 

possessory action against mortgagor holding 

without right 46 



466 Index [1939 

Laundry establishments, hours of labor, overtime 221, 222 

Law enforcement officers, use of sirens on motor vehicles 185, 186 

of the road, applicable to bicycle riders 186, 187 

Ledge pond in Madison, taking brook trout 156, 157, 197 

Legacy and succession taxes, contingent bequests, repayment of tax 158, 159 

Legal holiday falling on Sunday 27, 28 

investments, building and loan association 64 

guardians 64 

hospital service corporations 78 

life insurance companies 251, 252 

savings banks 179, 214, 215 

town trust funds 64, 65 

trust companies 218, 219 

Legislature, appropriations for 313, 342, 375, 376, 394, 395 

deficiency appropriation 292 

employment of members at race track 15 

Leonard pond in Errol closed to fishing 29, 30, 207 

taking pickerel 54, 202 

Liens, tax, town, extension of time 25, 26 

uniform trust receipts act 274 

Life insurance, see Insurance. 

Lights, taking raccoon by 303 

Limitation of action for distraint for collection of property taxes . . 33 

time within which marriage certificate is valid 45 

Liquor commission, state, disposition of income received by 130, 372 

fees on beverages sold 128-131, 220 

office building, appropriation for 371, 372 

transfer of payment of fees from retailer 

to wholesaler and manufacturer . . 128-131, 220 
see also Beer. 

Lisbon, school district 416, 417 

Little Diamond pond, Stewartstown, brook trout 108, 197 

Lobsters, regulations for taking 209-211, 261 

Logs, hauling, registration of trucks for 1-3, 279, 280 

Londonderry, land in, from Hunter Petroleum Co 155 

Long Island, Moultonborough, appropriation for acquisition of land 

for recreational area 258 

Lumbering operations, Coos county, beaver detrimental to, complaint 

to fish and game director 79 

see also Logs. 

Lyndeborough, meeting and issue of notes validated 425 

Magalloway river and tributaries, closed season for fishings 29, 30, 207 

pickerel taking 54, 202 

Maine-New Hampshire Interstate Bridge, see Portsmouth-Kittery 
Bridge. 

Manchester municipal court, salary of clerk 304, 305 

Order of Eagles, see Eagles. 
Marketing association, see Co-operative marketing. 

Marriage certificates valid for ninety days 45 



1939] Index 467 

Marriage, penalty for solemnization with certificate not valid 45 

Married women, husband liable for poll tax 49 

Massabesic lake, taking lake trout 118, 200 

white perch taken at anj' time 49, 50, 201 

Masters, court, retired justices may be appointed as 51 

McGirr, Emma S., in favor of 388, 389 

Medicine, qualifications for examinations l^l, 152 

see also Physicians. 

Melvin river, Tuftonboro, fishing in 92, 93, 197, 198 

Memorializing federal hospitalization board of U. S. Veterans 

Administration 376, 277 

Memorials, state buildings, consent of governor and council required 

for placing 238 

veterans, town appropriation for 44 

Merrimack county refunding notes authorized 419 

Milan Hill state park, maintenance of roads in 120 

Milford municipal court, salary of justice 17 

town meeting legalized 427 

Military organizations, appropriations 318, 346 

records, publication of 377, 378 

Milk and cream use in ice cream and sherbet 52, 53 

control board, appropriation 340, 366 

powers of 157, 158 

pasteurization required for manufacture ice cream 53 

purchased within the state for distribution without, constitu- 
tionality 158 

license required 157 

powers of milk board 157, 158 

Miller pond, Grantham, closed to ice fishing 85, 86, 204 

Minimum wage, appropriation for division 320, 347 

Minister, penalty for solemnizing marriage with invalid certificate . . 45 

Mirror lake, Tuftonboro and Wolfeboro, open to pickerel fishing . . 6 

Moderator, town, member board of recount 87, 88 

Molly Stark Chapter, Inc., D. A. R., reimbursement for repairs to 

Stark home 384 

Moore, Ernest, in favor of 386, 387 

Mortgage foreclosure, action against occupant or tenant holding 

without right 46 

savings bank, acquisition of real estate by 215, 216 
loans, insured by federal housing administrator, see 
Federal housing administrator. 

real estate, life insurance investments 251, 252 

Mortuary regulations, constitutionality of law 69 

qualifications for examination as embalmer 69, 70 

Motor boats, applications for registration 114 

dealers to forward fees to commission 114 

distinguishing number for dealers and manufacturers 113 

manufacturers registration 113-115 

number plates 113, 114 

penalty for violations by dealers and manufacturer. . 114, 115 



468 Index [1939 

Motor boats, public service commission to register 113-115 

registration fees 114 

revocation of registration 114, 115 

temporary registration certificates 114 

use on waters of state under temporary certificate. ... 114 

vehicles, accidents conduct after 97 

agricultural use 41, 42, 126, 183-185 

bicycle riders prohibited from hitching on to ; 

penalty 186, 187 

circus, see Circus motor vehicles. 

commissioner, fines and costs paid to 278 

school busses, inspection 59, 60 

special certificate for lumber salvag- 
ing 1-3, 279, 280 

definitions, business district 122 

dealer 40 

highway building equipment 254 

motor vehicle 253 

non-resident 255 

rural district 122, 123 

trailer 253 

urban district 122, 123 

vehicle 252 

equipment mounted on truck 253, 254 

extended use of new number plates 152, 153 

fees 1-3, 41, 42, 57, 125-127, 183-185, 253, 254, 257, 258 

finance companies, registration 40 

financial responsibility, see Financial responsibility. 

highway building equipment, use of 254, 255 

inspection, five-day period on newly registered cars 279 

penalty for violating rules 71 

junk yards regulated 43, 44 

license, poll tax payment required 112, 113 

revocation 112 

suspension after accident 42, 43 

neutral zone privileges 256 

new certificate on transfer 125 

non-resident operation 225-258 

number plates, how attached 58, 59 

use of 152, 153 

operation of, highway closed in emergency 187, 188 

meeting emergency vehicles 185, 186 

unlicensed operators 98, 99 

when approaching blind pedestrians... 56, 57 

pleasure, non-resident, registration not required .... 256 

registration, after accident 42, 43 

combination of vehicles 257 

poll tax receipt for 112, 113 

required 124, 125 



1939] Index 469 

Motor vehicles, registration, well-drilling machines, cement mixers, 

saw rigs, air compressors. .. .41, 42, 126, 127 

184, 253, 254 

road toll 138 

rural residence district defined 122, 123 

school busses, see School busses. 

sirens, limited use of 185, 186 

size and weight of 98 

special permit for non-residents 257 

moving highway building equipment 254 

speed limits 122 

suspension of registration 42, 43 

trailers and semi-trailers, brakes 116 

carrying wood-sawing equipment 116, 117 

transfer of ownership 125 

trucks for timber salvaging 1-3, 279, 280 

with equipment attached 253, 254 

violations, reports from courts 58 

weight, excess, penalty for 98 

regulations 123, 124 

see also Tractor, Trailer ; Semi-trailer. 

Mount Washington Observatory, appropriation 378, 379 

Municipal accounting, appropriation 297, 339, 366 

audits of municipalities 296, 297 

director of 295 

expenses; reimbursement from municipality 297 

petitions for audits 296, 297 

tax commission powers and duties 295-297 

accounts to be uniform 295 

court, attestation on certificate for commitment to state 

hospital 188, 189 

motor vehicle violations, reports to department.... 58 

procedure for litigation of small claims 228-230 

salaries of clerks 304, 305 

justices 17 

finances, authority for emergency borrowing, 1939, 1940 9 

financial reports made annually to tax commission 295, 296 

fire departments, see Fire departments. . . 

permit for registration motor vehicles, not required when 2 

poll tax receipt 

required 112, 113 

public works, emergency, extension of time for bonds. . 3, 4 

Municipalities, Cheshire county, acquisition of land for flood control 106, 107 
see also City ; Town ; Village district. 

Murder trials, witnesses 227, 228 

Muscallonge, open season for taking 201 

Mutual insurance companies, see Insurance companies, mutual. 

Names changed, Coe's Northwood Academy to Coe-Brown North- 
wood Academy 417 



470 Index [1939 

Names clianged, Crjstal lake to Canaan Street lake 16 

East Side Road to White Mountain highway .... 28 

Keene Normal School to Keene Teachers College 155, 156 

parole officer to state parole officer 161 

Plymouth Normal School to Plymouth Teachers 

College 155, 156 

probate court, by 397-405 

superior court, by 405-409 

Narcotics, use for race horses prohibited, penalty 60, 61 

National Guard, appropriation 315, 343 

exemption from provisions motor vehicle financial 

responsibility law 167 

patriotic revival plan, resolution endorsing 384, 385 

Navigation, consent given to United States to acquire land for.... 163, 164 

control of at Hampton Harbor 310, 311 

Neal, Guy S., and others, in favor of 375, 376, 394, 395 

Nets for taking fish 208 

use for taking salt water smelt prohibited 211 

New Hampshire City and Town Tax Collectors Association, ex- 
penses to meetings 5 

Conference Seminary, trustees of 427 

Congregational-Christian Conference, amount of 

property to hold 412 

Historical Society, appropriation 318, 346 

Poultry Growers' Assn. appropriation 2Z7 

Shore and Beach Preservation commission, 

fines forwarded to 311 

harbor-master, to appoint .... 310 

Veterans Association, appropriation 318, 346, 381 

Water resources board, sec Water resources board 
N. H. 
see also State. 

New Inlet brook, Pittsburg, fishing 67, 68, 205 

York World's Fair, appropriation for advertising 374, 375 

Newfields, formerly South Newmarket, school district bounds .... 419 

Newfound lake, ice fishing 94, 205 

Newmarket refunding bonds authorized 412, 413 

Night fishing prohibited in Androscoggin river 207 

"Ninth State" purchase of motion picture 293 

reimbursement for contributions to 293 

Nomination of candidates for primary, declaration of party member- 
ship 95, 96 

Non-resident fur buj-ers 25 

operation of highway building equipment 254, 255 

motor vehicles 255-258 

trucks for timber salvage 1-3, 279, 280 

tobacco products distributer 192, 193, 232, 233 

Northwood Academy, Coe's, name changed to Coe-Brown North- 
wood Academy 417 

property to hold 417 



1939] Index 471 

Notice, candidates of nomination after primary 128 

capital cases, additional witnesses 227, 228 

dividend, to insurance policyholder 99 

open season for beaver, Coos county 79, 80 

opposing candidates, recount of town and school district 

ballots 87 

small claims, litigation of 229 

tenant, after foreclosure of mortgage 46 

tenant or occupant to vacate, equal to rent period 54, 55 

Nubanusit lake, Hancock and Nelson, ice fishing 38, 39, 205 

Nuisance, motor vehicle junk yard 43, 44 

Number plates, motor boat 113, 114 

vehicle 58, 59, 152, 153 

Nurses, registered, annual permit required 55, 56 

fees for annual registration 55 

list of, furnished to all hospitals 55, 56 

permit required for public health nursing 56 

powers of commissioner of education 55 

Occupational diseases, commission for study of 381, 382 

Old age assistance, appropriation 336, 363 

qualifications for 48 

Old Home Week Association, appropriation 318, 346 

Oliverian brook in Benton, fishing 206, 259 

Omnibus bill for legislative expenses 394, 395 

One day rest in seven, exceptions 60, 234 

Optometry, board of, appropriation 341, 367 

rules and regulations, may make 301 

qualifications for examinations for practice 277, 278 

Outboard motors, dealers and manufacturers number plates 113-115 

fees for registration 114 

powers of public service commission 113-113 

temporary certificates 114 

use under temporary certificates 1 13, 114 

Overnight cabins, see Roadside houses. 

Oysters, taking 212 

Pari-mutuel pools, distribution of revenue from 14-16 

Parole, state prison, after expiration of minimum term 159, 160 

board of parole 160, 161 

conditions 160 

final discharge 162 

meritorious conduct 160 

parole officers, appointment 161 

salary and expenses 161 

report of board to governor and council 160, 161 

rules and regulations 160, 161 

terms of 159 

trustees constituted state board of parole 160 

two-thirds of minimum sentence 160 



472 Index [1939 

Parole, state prison, violation, complaint 161, 162 

hearing 162 

recommittal 162 

Parsons, Fred D., in favor of 389, 390 

Partridge lake, Littleton, brook trout taking 108, 109, 198 

Pasteurization, cream or milk used in ice cream or sherbet 53 

Pawtuckaw^aj' state reservation, maintenance of roads in 120 

Pedestrians, blind, right of way on cross walks 56, 57 

Perch, see Pike perch ; White perch ; Yellow perch. 

Perry stream, Pittsburg, brook trout taking 109, 110, 198, 199 

Pharmacist, equipment required in retail drug store 35 

Pharmacy commission, appropriation 341, 367 

equipment for drug store, to determine .... 35 

revocation of drug store license 35 

Physicians required to reiwrt to state board of health relative to 

deaf children 178 

see also Medicine. 

Pickerel, Androscoggin river and tributaries 54, 202 

Ferrin pond, Weare 260 

general laws as to taking 201, 202 

Lake Wentworth, Wolfeboro 7, 202 

Leonard pond 54, 202 

limit on number taken 201, 202 

Magalloway river and tributaries 54, 202 

Mirror lake, Tuftonboro and Wolfeboro 6 

Rust pond, Wolfeboro 6 

special open waters 202, 260 

Umbagog lake 54, 202 

Pierce, Franklin, homestead, appropriation 321, 349 

care and maintenance 236-239 

Pike perch, open season for taking 201 

Pillsbury reservation, Washington, ice fishing 110, 111, 205 

maintenance of roads in 120 

Pisgah reservoir, Winchester, closed to fishing 50, 51, 206 

Planning and development commission, appropriation Zi7, 338, 364 

distribution of motion 

picture "The Ninth State" 293 
regional development asso- 
ciations, approval of pro- 
gram 2)2)7, 364 

Plymouth normal school, name changed to Plymouth Teachers 

College 155, 156 

Teachers College, appropriation 332, 359 

name given 155, 156 

Village Fire district, bond issue authorized 423, 424 

Police departments, use of sirens on vehicles 185, 186 

state, see State police. 

Poll taxes, married women, husband liable for 49 

payment required before motor vehicle registration or 

fishing license issued 1 12 



1939] Index 473 

Poll taxes, penalt}' for false statement as to payment 112 

disposition of fines 112, 113 

Portsmouth-Kitterj' bridge, consent of Congress required 70, 71 

plans to be approved 71 

ratification of action of bridge authority 71 

Poultry Congress, World's, advertising at 337 

Power of attorney, labor commissioner to prosecute wage claims . . 105 

Primary elections, declaration of party membership required 95, 96 

distribution of cards, etc., regulated 127, 128 

filing for one party only 96 

nomination papers,, party declaration 95, 96 

personal notice to candidates 128 

Printing revision of Public Laws, contracts for 302 

Prisoners' Aid Association, appropriation 318, 346 

parole of, see Parole. 

Probate court, judges, appropriation 315, 343 

names changed by 397-405 

registers of, appropriation 315, 343 

clerk hire 175 

duties of 105 

Strafford county 175 

Probation department, appropriation 340, 367 

psychiatrist, appropriation for 340, 367 

Process, service of, see Service of process. 

Proclamations, fish and game director, beaver open season 79 

governor. Flag Week 385 

Gen. John Stark Day 16 

Property taxes, see Tax, property. 

Public health nursing, only registered nurses holding annual per- 
mits may engage in ; exception 56 

Public Laws, amended, repealed, etc. 

chapter 7, state buildings and grounds 236-239 

10, J. 9, appropriations 238 

J. 29, state library building 238 

11, s. 18, state hospital 188, 189 

19, w. 18-28, eminent domain 258, 291, 306 

25, new .y. 14-a. party membership 95, 96 

new s. 14-b, prohibition 96 

new s. 44-a, personal notice to candidates 128 

26, new s. 86-a, elections 127 

J. 88, system for electing ofificers 88 

s. 90, ballots 86 

s. 91, ballots 86 

35, .y. 19, county accounts 297 

36, s. 1, Belknap county officers 101, 102 

new s. 25, Cheshire county districts 68, 69 

new s. 26, eligibility 69 

new s. 27, voting and election 69 

38, county bonds 438 

39, s. 2, county funds 213 



474 Index [1939 

Public Laws, repealed, amended, etc. : 

chapter 39, s. 10, county taxes 34 

s. 12, county treasurers 10, 11 

42, J. 4, X, soldiers memorials 44 

s. 4, XIX, town advertising 88 

s. 4, new XXIX, timber salvage 18 

s. 4, new XXX, veterans conventions 18, 19 

s. 22, investment of town trust funds 64, 65 

s. 33, town tax 96, 97 

45, ^. 8, town meeting, warning 19 

s. 9, warning b}^ justice 19 

s. 10, warrant 19 

47, .y. 10, repealed 33, 34 

new ^. U-b, tax collectors association 5 

s. 15, highway regulations 124 

s. 24, town treasurers 213, 214 

s. 29, bond for constable 26 

new s. 29-a, bond for tax collector 26 

new s. 45-a, temporary town treasurer 182 

51, ss. 5, 6, vacancies 440 

52, s. 7, vacancies 440 

53, new s. 15, city funds 214 

54, JT. 12, city councils 124 

57, ^. 1, village districts 102, 103 

60, new s. 4-a, poll taxes of married women 49 

s. 14, stock in trade tax 191 

64, s. 8, assessment of taxes 32, 33 

s. 13, abatement of taxes 39 

66, J. 6, distraint 33 

s. 17, tax liens 25, 26 

^. 24, report of tax sales 12, 13 

68, witnesses 195 

s. 10, tax commission 297 

new J. 17-a, county audits 297 

68, s. 22, municipal accounting 295 

s. 23, assistants 295 

s. 24, municipal accounts 295 

J'. 25, financial report 295, 296 

s. 26, petition for audit 296 

s. 27, county audit 296 

.y. 28, petition by ofHcers 296 

s. 29, commission motion 296 

s. 30, powers of commission 296 

s. 31, publication of reports 296, 297 

s. 32, expenses 297 

72, ss. 7, 8, 9, legacy taxes 158, 159 

s. 10, abatement 158, 159 

J. 41, taxes 158, 159 

s. 43, repayment 158, 159 



1939] Index 475 

Public Laws, repealed, amended, etc. : 

chapter 74, new s. 2-a, boundary lines, highways 165, 166 

83, new s. 7-a, boundary lines, highways 165, 166 

84, highways 134, 136 

new s. 11, recreational roads 120 

88, federal aid for highways 136 

90, new .y. 17-a, law of the road 186, 187 

new s. 17-b, bicycle riders 187 

s. 18, town by-laws 187 

new .y. 18-a, penalty 187 

91, new s. 2-a, permit for highway approach 103, 104 

s. 3, penalty 103, 104 

^. 5, highways 124 

99, s. 1, II, vehicle 252 

s. 1, IV, dealer defined 40 

s. 1, IX, motor vehicle defined 253 

s. 1, XIII, trailer 253 

s. 1, XVII, non-resident 255 

J. 1, XXIV, definitions 122 

s. 1, new XXVIII, building equipment 254 

100, s. 5, registration motor vehicles 124 

new s. 5-a, building equipment 254, 255 

s. 6-a, inspections 279 

s. 6-b, inspections 71 

s. 7, transfer of ownership 125 

s. 8, transfer of registration 125 

s. 9, new certificates 125 

s. 21-a, motor vehicles 1 

s. 21-c, motor vehicles 1 

s. 22, non-residents 255, 256 

s. 26, pleasure vehicles 256 

s. 27, operator 256 

s. 28, neutral zone 256 

J. 29-a, motor vehicles 1, 257 

101,^. 5, repealed - 257 

s. 9, motor vehicles 98, 99 

102, J. 1, III, motor vehicle fees ....2, 41, 42, 125-127, 183, 184, 

253, 254 

s. 1, new Ill-a, agricultural vehicles 184, 185 

s. 1, V, transfer fees 127 

J. 1, VI, fees 257, 258 

s. 1, X, fees 57 

s. 17, motor vehicles accidents 97 

s. 23, reports of motor vehicle violations 58 

103, s. 1, motor vehicle number plates 58, 59 

s. 2, motor vehicle number plates 152, 153 

s. 4-a, trailers i 116 

new s. 4-c, use of sirens 185 

new j^. 8-b, 8-c, school busses 59, 60 

new s. 11-a, emergency vehicles 185 



476 Index [1939 

Public Laws, repealed, amended, etc. : 

chapter 103, s. 17-a, III, motor vehicles 122 

s. 17-a, new IV, speed limit 122, 123 

new ^i'. 17-e, 17-f, right' of way 56, 57 

new s. 19, penalty 185, 186 

s. 22, motor vehicle weight 123, 124 

new s. 27-a, wood-sawing equipment 116, 117 

106, J. 16, soldiers aid 4 

J'. 17, inspection county records 4 

115, s. 2, industrial aid 8 

s. 3, state aid 8 

116, s. 11, new XIII, education of deaf 7, 8 

s. 14, new X, expenses 8 

new JT. 40, handicapped children 176 

new s. 41, enumeration 176 

new jr. 42, investigation 176 

new s. 43, education required 176, 177 

new .y. 44, teachers 177 

new s. 45, transportation 177 

new J. 46, federal assistance 177 

new .y. 47, expenses 177 

new s. 47-a, limitation 177, 178 

117, s. 40, school districts 333, 360 

120, new s. 22-a, temporary school district treasurer .... 182, 183 

124, s. 23, adjutant-general 166 

125, s. 1, state board of health 115 

new s. 10-a, powers of state board 90 

128, new s. 16, children hard of hearing 178 

new s. 17, rules and regulations 178 

new .y. 18, information as to schools 178 

139, .y. 17, ice cream and sherbet 52, 53 

143, J. 13, mortuary regulations 69, 70 

new s. 63, separability 69 

151, new .y. 15-c, motor boats 113 

new .y. 15-d, number plates 113, 114 

new s. 15-e, use of plates 114 

new s. 15-f , fees 114 

new .y. 15-g, temporary certificates 114 

new s. 15-h, suspension or revocation 114, 115 

152, new s. 12-a, harbor-master 310 

new .y. 12-b, definition of vessel 310 

new s. 12-c, penalty 310, 311 

163, dairy products 157 

164, purchase of milk for resale 157 

174, s. 4, labor commissioner 287 

176, s. 14, hours of labor 221 

s. 15, hours of labor 221 

new s. 17-b, laundry establishments 221, 222 

s. 47, new VII, one day rest in seven 60 

s. 47, new VIII, Sunday work 234 



1939] Index 477 

Public Laws, repealed, amended, etc. : 

chapter 176, new s. 49, wage claims 105 

178, J. 1, workmen's compensation 261 

s. 19, I, dependents 261, 262 

s. 21, incapacity 262 

new s. 21-a, permanent partial disabilit}' 262-264 

new s. 21-b, computation 264 

s. 24, limitation 264 

179-A, s. 1, A, base period 139 

.y. 1, C, benefit year 139 

J. 1, D, calendar quarter 139 

J. 1, I, (1) employment 139, 140 

J. 1, I, (4) railroad service 140 

s. 1, M, (2) (3) partial unemployment 140 

s. 1, O, wage credits 140, 141 

s. 2, benefits 141, 142 

s. 3, D, E, waiting period 142 

s. 4, A, voluntary unemployment 142, 143 

s. 4, B, misconduct 143 

s. 4, F, liability 143 

s. 5, G, fees 143 

.r. 6, B, (4), contributions 144 

s. 6, C, separate accounts 144 

s. 6, D, general experience rating 144, 145 

s. 6, E, merit rating 145-147 

new s. 8, E, transfer of funds 147, 148 

s. 9, A, unemployment division 148 

J. 9, B, labor commissioner 148-150 

J. 9, K, co-operation 150, 151 

new J'. 13, E, penalties 151 

180, J. 18, University of New Hampshire 132, 133, 323, 351 

s. 21, borrowing 133 

s. 23, suspended 323, 351 

187, s. 16, diseased animals 248 

s. 46, quarantine areas 180 

s. 53, valuation 248, 249 

s. 54, importations 249 

s. 55, concealment 249 

s. 57, indemnity for animals 249, 250 

s. 67, reactors 250 

s. 73, contract of sale 250, 251 

191, new s. 19-a, closing highways 187, 188 

new s. 19-b, penalty 187, 188 

ss. 23, 26, forest fires 391 

new s. 40-a, trespass prohibited 104 

new s. 40-b, penalty 104 

new J. 42-a, entry upon private land 121 

193, forestry 164 

196, s. 23, fish and game department 153, 154 

197, s. 1, definitions 304 



478 Index [1939 

Public Laws, repealed, amended, etc. : 

chapter 198, -f. 2, deer 93 

199, new s. 6-a, prohibition 304 

200, s. 3, raccoons 303 

s. 4, fur-bearing animals 79 

new s. 5-a, beaver, open season 79 

new s. 5-b, notice 79, 80 

new J. 5-c, trapping 80 

new s. 5-d, stamping 80 

new s. 5-e, prohibition 80 

new s. 5-f, penalty 80 

^. 6, setting traps 117, 118 

s. 13, penalties 80, 81 

201, s. 1, brook trout 107, 108 

new J-. 1-b, brook trout 82, 108 

new s. 3-3., Lake Massabesic 118 

^. 6, trout and salmon 82 

s. 10, white perch 49, 50 

s. 12, pickerel 7, 201, 202 

s. 21, ice fishing 119 

s. 27, salt water smelt 81 

new. chapter, codification fishing laws 196-212 

new chapter amended, ^ 3, I, fishing 260 

new s. 6-a, fishing 259 

s. 23, new VIII 260 

J. 29, I, fishing 260 

s. 30, VI, fishing 259 

J. 30, IX, fishing ' 259 

s. 50, lobsters, repealed .... 261 

202, new s. 11-a, St. Paul's School game refuge 24 

203, .y. 13, II, repealed 25 

new J. 14-a, non-resident fur buyers 25 

204, J. 10, medicine 151, 152 

205, .y. 1, state dental board 35, 36 

.y. 3, quorum 36 

s. 5, compensation 36 

s. 7, application for examination 36, 37 

.$■. 10, repealed 37 

s. 12, rules and regulations 37 

s. 13, annual registration 37 

s. 14, neglect to register 37 

s. 17, fees 37, 3S 

s. 21, interstate provisions 38 

206, s. 8, chiropractic 152 

207, s. 8, optometry 277, 278 

new s. 31, rules and regulations 301 

209, J. 9, practice of veterinary medicine 10 

210, new j'. 42-a, pharmacist equipment 35 

211, new s. 4-a, nurses annual permit 55 

s. 7, annual lists 55, 56 



1939] Index 479 

Public Laws, repealed, amended, etc. : 

chapter 211, s. 10, public health nursing 56 

224, new s. 3-a, rural electrification 298-300 

new J. 3-b, application of law^s 300 

new .y. 3-c, reports 300 

new s. 3-d, service 300 

new J. 3-e, exemption 300, 301 

s. 4, VII, co-operative marketing associations .... 91 

s. 7, corporations 298 

225, s. 2, purposes of incorporation 307 

s. 15, certificate 308 

ss. 32, 33, corporations 91 

new s. 40-a, merger of corporations 306-310 

ss. 55-58, corporations 309 

s. 91, fee for recording 308, 309 

231, service of process 192, 193 

239, application of 300 

240, J. 7, corporations 300 

.y^y. 12 to 18, application of 300 

244, eminent domain 300 

261, s. 5, repealed 216 

new s. 61, guaranty savings banks 216 

new s. 62, special fund 216, 217 

new ^. 63, as mutual savings bank 217 

new s. 64, trust companies 217, 218 

262, s. 3, I, savings banks 214, 215 

s. 3, I-a, legal investments 179 

s. 3, VII, unsecured notes 215 

s. 18, real estate 215, 216 

263, consolidation of corporations 65 

265, s. 31, trust companies 218, 219 

266, s. 5, building and loan associations 61, 62 

s. 6-a, joint accounts 65, 66 

s. 8, dues 62 

s. 13, borrowing 62 

s. 14-b, guaranty fund 66 

s. 14-c, new III, IV, excess funds 64 

new s. 17-a, limitation of withdrawals 63, 64 

s. 18, withdrawals 66, 67 

s. 20, death of shareholder 67 

J. 21, paid-up share certificates 62, 63 

s. 23, withdrawals 63 

s. 24, retirement of certificates 63 

s. 25, investment share certificates 63 

new J. 26, consolidation of associations 63 

271, .y. 13, insurance commissioner 99, 100 

new s. 22, disposal of papers 22, 23 

272, J. 1, VI, insurance corporations 23 

s. 5, combinations of business 23 



480 Index [1939 

Public Laws, repealed, amended, etc. : 

chapter 273, new .y. 8-a, dividend notices 99 

s. 11, domestic insurance companies 20 

.y. 31, examinations 20, 21 

275, J'. 55, annual statements 22 

J. 59, tax on foreign insurance companies 21, 22 

277, new .y. 36-a, limitation on licenses 100 

278, J. 15, life companies 251, 252 

s. 19, repealed 21 

s. 20, repealed 21 

281, s. 12, XVI, insurance policies 101 

283, s. 27, fraternal benefit societies 46, 47 

new s. 29-a, domestic societies 47 

new ^. 46-a, foreign societies 47 

J. 99, annual fees 47, 48 

284, s. 5, dealers in securities 72 

s. 8-a, statements to be furnished 72, 73 

s. 11, period of time 73 

s. 13, repealed 73 

s. 28-a, qualification of securities 73 

286, ^. 23, marriage certificates 45 

J-. 31, penalty 45 

288, s. 2, husband and wife 215 

290, s. 22, II, investments by guardians 64 

294, s. 21, register of probate 175 

313, s. 3, legal holidays 27, 28 

316, new s. 19, referees 51 

323, ^. 8, municipal courts 304, 305 

^. 32, I, salaries, court justices 17 

356, trustee process 281 

357, s. 3, notice to tenant to quit 54, 55 

s. 10, landlord and tenant 46 

s. 12, possessory action 46 

368, s. 1, capital cases 227, 228 

369, s. 22, parole 159 

s. 23, later release 159, 160 

s. 24, earlier release 160 

s. 25, release 160 

s. 26, reporting to officer 160 

.y. 27, state board 160, 161 

J. 28, parole officer 161 

s. 29, clerical assistance 161 

s. 30, duties . . . '. 161 

s. 31, assistants 161 

new .y. 31-a, expenses 161 

s. 32, violation 161, 162 

s. 33, repealed 162 

J. 34, repealed 162 

s. 35, finding at hearing 162 

s. 36, effect 162 



1939] Index 481 

Public Laws, repealed, amended, etc. : 

chapter 369, s. 40, final discharge 162 

372, forfeitures 194 

Public Laws, commission for revision of 302, 303 

library commission, appropriation 338, 365 

records, soldiers aid, open to inspection 4 

service commission, appropriation 339, 365 

merger of public utility corporations, 

approval 309, 310 

motor boats, registration of dealers... 113-115 

rural electrification associations 300 

taxes, apportionment of 241-248 

utilities, merger involving, commission finding 309, 310 

relocation of lines, water resources board projects 284, 285 
rural electric associations, see Rural electrification. 

welfare, appropriation for department 334-336, 361-363 

educational aid to deaf transferred to state board 

of education 7-9 

see also Old age assistance. 

Publication, county reports 4 

forbidden, names soldiers aid recipients 4 

memorial work on sesquicentennial celebration 387, 388 

military records 377, 378 

municipal audits, results of 296, 297 

town reports 33, 34 

vital statistics, not required 33, 34 

Purchasing agent, appropriation for department 320, 348 

Quarantine areas for bang's disease 180 

Raccoon, open season ; method of taking 303 

Racing, horse, see Horse racing. 

Railroad crossing, operation of school bus 59 

employees, unemployment compensation 140, 147-151 

Retirement Board, co-operation with 147, 148 

Ramig, Robert, in favor of 381 

Real estate, acquired by savings bank 215, 216 

extension of town tax liens 25, 26 

mortgages, limitation on investments by life insurance 

companies 251, 252 

New Hampshire, legal investment for savings banks. . 214, 215 

tax liens ; 25, 26 

sale, reports to register of deeds 12, 13 

taxes, assessment of 32, 33 

Reciprocal laws, chiropractic, examination for 152 

dentistry, practice of 38 

medicine, examinations 151, 152 

motor vehicle 254-257 

optometry, examination 277, 278 

Recount of ballots, school district elections 86-88 



482 Index * [1939 

Recount of ballots, town elections 86-88 

Recreational area, acquisition of at Long Island, Moultonborough 258 

parks, state, fund for operating expenses '. 121 

maintenance of roads in 120 

promotion, village district organized for 102, 103 

town appropriations 96, 97 

sec also Forestry and recreation. 

Referees, court, retired justices may be appointed as 51 

Reforestation, reconveyance of land conveyed to state for 164 

Regional development associations, appropriation 337, 364 

Register of deeds, report to, tax sales 12, 13 

probate, see Probate, register of. 
Retirement, firemen, see Firemen. 

teachers, appropriation 341, 367 

Right of way, bicycle riders 186, 187 

blind pedestrian carrying white cane 56, 57 

highway, entrance to 103, 104 

no trapping in 117, 118 

Rivers, dredging, state aid for 136 

see also Flood control. 
Road toll, see Motor vehicle road toll. 
Roadside houses, cabins, overnight camps, advertising in tourists 

guides .' 27 

Robinson pond, Hudson, closed to all fishing 5, 6, 206 

Rockingham county delegation, action of, validated 410, 411 

bond issue legalized 410, 411 

Roller skater, clinging to vehicle prohibited 186, 187 

Rural electrification co-operative association 298-301 

application of laws 300 

constitutionality 301 

exemptions 300, 301 

jurisdiction of public service com- 
mission 300, 301 

members 300 

powers 298-300 

reports 300 

residence district defined 122 

speed limit within 122, 123 

Rust pond, Wolfeboro, open to pickerel fishing 6 

Rye harbor appropriation and bond issue for dredging and improve- 
ments 305, 306 

municipal water works, vote on acquisition 423 

Saccharin, use in ice cream or sherbet under permit from state board 

of health 53 

sale in package form onh' 53 

Safety patrols, see School safety patrols. 

St. Paul's School establishment of game refuge 24 

Sale of securities annual statements of licenses 72, 73 

insurance commissioner may require financial 

statements of dealers 72, 73 



1939] Index 483 

Sale of securities local corporations, information to furnish 72, 73 

period of time for investigation of applicant for 

license 7i 

qualification of securities 73 

rules and regulations of insurance commissioner. . 73 
securities legal for savings banks need not be 

qualified 7i 

Salmon, fishing for 200, 201 

ice fishing prohibited except through natural opening 82, 83, 200, 201 
Salt water smelt, sec Smelt, salt water. 

Savings bank, legal investments 179, 214, 215 

real estate holding and leasing 215, 216 

Saw rigs towed b}' motor vehicle, registration. . 41, 42, 126, 127, 184, 253, 254 
School board, application to superior court for temporarj- school 

treasurer 182, 183 

members of board of recount of ballots 88 

petition for audit of school accounts 296 

busses, motor vehicle, inspection by commissioner 59, 60 

operation at railroad crossing 59 

use prohibited, when 59, 60 

district annual report publication of audit 296, 297 

board of recount of ballots 88 

clerk, powers and duties 86-88 

elections, appeal after recount 87, 88 

application for recount 86, 87 

of act 88 

declaration of results 87 

notice ; fee, recount 87 

preservation of ballots 86, 87 

handicapped children, education to be furnished.... 176-178 

meetings legalized, Conway 410 

Hampton 426 

moderator, member board of recount 88 

surrender of real estate to water resources board. . 282-284 

treasurer filling temporary vacancy 182, 183 

safety patrols, appreciation of 383 

taxes, computation of 287 

teachers for handicapped children 176-178 

transportation for handicapped children 177 

truant officer, enumeration of handicapped children 176 

see also Keene Union School District ; 

Union School district in Concord. 
Secondary highways, see Highways. 

Secretary' of state, appropriation for department 320, 348 

consolidation of corporations, agreement recorded 307, 308 

Daniel Webster birthplace, care of 238, 239 

deficiency appropriation 293 

flood control plans filed with 163 

highway maps of reestablished boundaries 165 

six-year plan, filing 135 



484 Index [1939 

Secretary of state, notice to candidates after primary 128 

service of process upon for non-resident tobacco 

distributors .' 192, 193, 232, 233 

statement of trust receipt financing 274-276 

Securities, sale of, sec Sale of securities. 

Selectmen, application to, for abatement of taxes to be in writing. . 39 

members of board of recount for town elections 87, 88 

neglect to warn town meeting 19, 20 

petition to superior court for temporary town treasurer 182 

tax commission for town audit 296 

town highway boundary lines, to reestablish 165, 166 

Semi-trailers, brakes required 116 

fees for registration 125, 126, 257, 258 

transfer of vehicles 124 

registration required 124, 125 

transfer of ownership 125, 127 

used in combination with tractor 126, 127 

see also Motor vehicles. 

Sentences, state prison 162 

Service of process, non-resident distributor of tobacco products 192, 193 

232, 233 

upon state treasurer against state employees... 281 

Sesquicentennial of federal constitution, memorial work on 3'87, 388 

Session Laws, amended, repealed, etc. : 

1812, approved Dec. 11, Congregational Society in Tamworth 424, 425 

1852, approved Dec. 29, Tilton School 427 

1867, chapter 123, j. 1, Northwood Academy 417 

J". 2, property holding 417 

1875, chapter 96, Northwood Academy 417 

1889, chapter 214, Newfields school district 419 

1893, chapter 171, Somersworth charter 413-415 

1903, chapter 198, Tilton School 427 

1905, chapter 35, .y 15, East Side road 28 

154, Bethlehem Village Precinct 416 

1907, chapter 215, Lisbon school district 416, 417 

1909, chapter 155, highways 28 

312, .y. 3, Order of Eagles 421, 422 

1913, chapter 415, .f. 4, Congregational Conference 412 

1919, phapter 299, s. 1, Tilton School 427 

1925, chapter 295, Bethlehem Village District 416 

1927, chapter 7, s. 1, ice cream 52, 53 

52, s. 1, dealer defined 40 

67, s. 1, parolees 160 

76, motor vehicle operation 56, 57 

.r. 1, number plates 152, 153 

77, s 1, motor vehicles 123, 124 

94, s. 1, motor vehicle fees. . .41, 42, 125, 126, 183, 184 

253, 254 

230, s. 1, Union School district in Concord . . 420, 421 

1929, chapter 14, foreign insurance companies 22 



1939] Index 485 

Session Laws, amended, repealed, etc. : 

1929, chapter 33, s. 1, motor vehicle weight 123, 124 

41, motor vehicle road toll 138 

42, repealed 257 

43, motor vehicles 122 

56, life insurance 251, 252 

62, s. 1, tax collectors association 5 

86, superior court 51 

87, s. 3, veterinary medicine 10 

89, .y. 1, register of probate 175 

92, ^. 1, county funds 213 

100, town trust funds 64, 65 

103, foreign insurance companies 21 

122, s. 1, legal investments 214, 215 

133, forest fires 391 

141, s. 1, register of probate 175 

169, J'. 2, diseased animals 249 

1931, chapter 10, s. 2, co-operative associations 91 

22, s. 1, quarantine areas 180 

J'. 4, diseased animals 249 

71, guardians 64 

80, s. 1, motor vehicle inspection 71, 279 

84, s. 1, motor vehicles 97 

94, soldiers aid 4 

96, s. 9, legal investments 215 

126, state funds 280, 281 

131, s. 1, workmen's compensation 261, 262 

135, insurance 23 

177, s. 1, county funds 213 

s. 3, town treasurer 213, 214 

1933, chapter 26, j. 1, building and loan 62 

s. 3, guaranty fund 66 

46, town trust funds 64, 65 

47, ^. 1, municipal courts 17 

50, s. 1, county taxes 34 

63, s. 8, emergency notes 32 

73, co-operative associations 298 

94, s. 1, motor vehicle number plates 58, 59 

99, J. 12, solicitor's permit 29 

s. 18, sale of beverages 219, 220 

s. 21, fees 128, 129, 220 

J. 21-a, additional fees 129 

new s. 22, fees 129, 130, 220 

new s. 22-a, bond 371 

J. 25, reports 129 

s. 36, income 130 

109, J. 1, repealed 33,34 

113, s. 1, tourist guides 27 

122, s. 1, motor vehicles 255, 256 

,f. 2, motor vehicles 256 



486 Index [1939 

Session Laws, amended, repealed, etc. : 

1933, chapter 122, j. 3, motor vehicles 257 

125, joint accounts 65, 66 

130, .$■. 1, one daj' rest in seven 60, 234 

132, repealed 113 

141, s. 1, adjutant-general '. . . 166 

151, motor vehicle road toll 138 

153, workmen's compensation 262 

154, ^. 1, municipal courts 17 

157, ^■. 1, motor vehicle, weight 123, 124 

159, Hampton Harbor toll bridge 289 

jr. 6, toll bridge 291 

.f. 8, toll bridge 291 

166, s. 1, county officers 101, 102 

170, .y. 2, circus motor vehicles 57 

172, Hannah Dustin monument 238 

1934, chapter 3, liquor commission 372 

1935, chapter 14, j-. 1, register of probate 175 

27, .f. 2, distribution of state revenue 14 

s. 13-a, race horses 60, 61 

^. 14, pari mutuel pools 14 

^. 15, tax 14, 16 

new s. 16-a, agricultural fairs 15 

new s. 21 -a, employees 15 

32, s. 1, savings banks 179 

JT. 2, legal investments 215 

39, .f. 1, emergency notes 32 

45, .S-. 1, motor vehicle fees 2, 3, 41, 42, 125-127, 183 

184, 253, 254, 279, 280 

50, Hampton Harbor toll bridge 291 

57, .S-. 3, repealed 105 

69, s. 3, labor laws 105 

73, s. 2, dealer defined 40 

s. 6, motor vehicles 124 

74, land use board 164 

82, building and loan 63 

87, s. 1, municipal courts 17 

95, s. 1, mortuary regulations 69 

97, new j'. 4-a, toll receipts 121 

104, s. 1, county treasurers 10, 11 

105, s. 1, register of probate 175 

107, ^. 1, school busses 59, 60 

109, motor vehicles 256, 257 

113, J-. 29, emergency public works 3, 4 

117, highway regulation 124 

121, s. 6, water resources board 282 

s. 8, acquisition of property 282-284, 285 

s. 9, changing locations 284, 285 

123, ^. 1, fish and game department 153, 154 

124, s. I, definitions 304 



1939] INDEX 487 

Session Laws, amended, repealed, etc.: 

1935, chapter 124, s. 2, game ^"^ 

s. 3, birds ^^ 

s 4 fur-bearing animals 79, 117, 118,303 

. i fish 7,49, 50,81,82, 107, 108 

118, 119, 196 

24 
s. 6, game refuge 

^. 7, fur buyers ^^ 

125, diseased animals 249, 250 

s. 2, quarantine areas • 1^0 

133, s. 1, motor vehicle weight 123, 124 

149, .y. 1, fees for sale of beer 129 

152, sale of beverages 219, 220 

153, municipal water works 423 

155, s. 1, I, trout 109, 110 

s. 1, new XI, trout 83, 156, 157 

s. 1, new XII, trout 109,110 

s. 2, I, trout 108, 109, 156, 157 

.. 2,11, trout 92,93 

s 2, III, trout 24, 2d, 31 

.. 2-a, trout 108,109 

.y. 3-a, trout 1^4 

s. 4, III, pickerel 6 

s. 4, IV, pickerel ^8 

s. 4, V, pickerel " 

j-. 4, VI, pickerel 54 

s. 5, I, closed to ice fishing 50, 83, SA, 94, 95 

s. 5, III, ice fishing 85,86 

.y. 5, IV, ice fishing 39, 110, 111 

^. 5, VI, ice fishing 13 

.f. 5, new VIII, ice fishing 39 

s. 5-b, ice fishing 94 

.-. 6, smelt fishing 30, 31,_ 91, 92 

^. 7, closed to fishing .% 6, 84 

.y. 7, I, closed to fisliing 67, 68 

J. 7, V, closed to fishing 92 

j-. 7, VII, closed to fishing 50, 51, 110 

.y. 7, VIII, closed to fishing HI 

J-. 7, new XI, Robinson pond -"^.6 

s. 7, new XII, closed to fishing 29, 30 

J. 7, new XIII Lake Katherinc 68 

s. 7, new XIV, Gale river 84 

s. 7, new XV, closed to fishing 85 

s. 7, new XVI, closed to fishing 95 

s. 7, new XVLI, closed to fishing Ill 

s. 7, new XVIII, closed to fishing 154 

155, entire chapter and amendments repealed.. 212 

157, .y. 3, disposition of state income 130 

1936, chapter 1, flood bonds 138 

4, .y. 12, interstate bridge authority 70, 71 



488 Index [1939 

Session Laws, amended, repealed, etc. : 

1937, chapter 1, .y. 1, emergency notes 32 

2, J. 1, pickerel 7, 196 

• 8, guardians 64 

9, emergency public works 3, 4 

14, repealed 212 

26, land use board 164 

34, motor vehicles 185, 186 

35, s. 3, sale of securities 72 

^. 4, financial statements 72, 73 

s. 5, dealers registration 73 

s. 7, repealed 73 

s. 10, qualification of securities 73 

36, hours of labor 221 

51, repealed 212 

56, fish 196 

69, s. 1, motor vehicles 98, 99 

73, s. 1, smelt fishing 30, 31, 91, 92 

77, s. 1, race horses 60, 61 

80, .f. 14, ballots 86 

81; j-. 1, brakes for trailers 116 

82, s. 1, motor vehicle weight 123, 124 

83, commissioner districts 68, 69 

96, s. 1, pickerel 6, 38, 54 

s. 3, ice fishing .... 13, 39, 50, 83, 84, 94, 110, 111 
s. 4, closed to fishing ....SO, 51, 67, 68, 84, 85, 92 

95, 110, 111, 154 

s. 5, fishing 82, 196 

96, entire chapter and amendments repealed. . 212 

100, J'. 1, county treasurers 10, 11 

103, j-. 11, savings banks 179 

J'. 13, trust companies 218, 219 

106, .y. 2, guaranty fund 66 

.y. 3, new III, investments 64 

s. 3, new IV investments 64 

J'. 5, share certificates 63 

s. 6, building and loan 65 

107, s. 1, milk 158 

s. 8, milk control 157 

111, s. 1, register of probate 175 

113, s. 6, motor vehicles 257, 258 

J. 7, number plates 152, 153 

114, fish 196 

118, s. 3, water resources board 282 

s. 6, acquisition of property 282-284 

119, s. 2, town appropriations 18 

125, motor vehicle operation 56, 57 

s. 2, motor vehicle speed limit 122 

129, s. 1, one day rest in seven 60, 234 

130, J. 10, use of revenue from tramway .... 11, 12 



1939] INDEX 489 

Session Laws, amended, repealed, etc.: 

1937, chapter 132, game '■ ' ^^3 

134, s. 11, violations of law 278 

135, s. 1, workmen's compensation 264 

136, .y. 1, wild deer 93 

144, ^■. 1, brook trout 24, 25, 31, 92, 93 

108, 109, 156, 157 

144, repealed • ^12 

145, ^. 1, brook trout 83, 109, 110, 156, 157 

145, repealed ^^^ 

150, .y. 1, medicine 151,152 

156, ^. 2, fur-buyers 25 

159, ^. 1, workmen's compensation 261 

161, s. 10, financial responsibility 42, 43 

.y. 26, financial responsibility •■• 167 

new J-. 26- a, fire departments 186 

168, fish 196 

170, brook trout 92, 93, 108, 109, 154, 156, 157 

170, repealed 212 

172, state house 292 

s. 6, annex fund ^"+1' ■^^° 

174, Manchester armory 292 

178, unemployment compensation 139 

180, eminent domain 258 

183, Rye Harbor jetties 305 

188, s. 15-a, traps 117, 118 

s. 17, penalties 80, 81 

s. 18, brook trout 107, 108, 196, 197 

.. 18-a, fish 196, 197 

s. 28, brook trout 92, 93 

s. 28, repealed 21- 

s. 29, repealed 212 

^. 30, amended and repealed Ill, 212 

s. 31, repealed 21-i 

s. 32, amended and repealed 5, -6, 212 

s. 33, amended and repealed 94, 212 

194, trailers ^16 

s. 2, motor vehicles 1°^ 

202, s. 6, I, public welfare assistance 8, 9 

s. 12, (a) old age assistance 48 

230, advertising fund 374, 375 

299, Merrimack county notes 419 

1939, chapter 1, ^. 1, timber salvaging 279, 280 

5, s. 1, closed to fishing 29, 30 

5, repealed 212 

6, repealed 21- 

7, fishing '• 197 

14, repealed 21- 

27, repealed 212 

35, s. 1, closed to fishing 68 



490 Index [1939 

Session Laws, amended, repealed, etc. : 

1939, chapter 35, repealed 212 

36, repealed 212 

37, repealed 212 

45, s. 2, fishing 110, 111 

45, repealed 212 

48, .f. 1, motor vehicle fees. .125-127, 183, 184, 253, 254 

57, fishing 197 

58, .y. 1, ice fishing 83, 84, 94, 95 

58, repealed 212 

59, .y. 1, fishing 110 

59, repealed 212 

62, repealed 212 

70, Sunda\' work 234 

73, repealed 212 

74, fishing 84 

74, repealed 212 

82, fishing 197 

83, s. 1, repealed 108 

s. 2, fishing 197 

84, trout 109, 110, 156, 157 

84, repealed 212 

85, ice fishing 94, 95 

85, repealed 212 

86, closed to fishing 85 

86, repealed 212 

87, closed to fishing 95 

87, repealed 212 

88, repealed 212 

91, new .y. 2-a, fiscal agent 222 

new s. 2-b, powers 373 

94, repealed 212 

96, repealed 212 

97, repealed 212 

98, fishing Ill 

98, repealed 212 

115, fishing 197 

116, fishing 156, 157 

116, repealed 212 

117, repealed 212 

118, repealed 212 

119, fishing 154 

119, repealed 212 

126, repealed 212 

127, fishing 197 

129, repealed 197, 212 

132, s. 5, motor vehicles 183, 184, 253, 254 

134, sale of beverages 220 

s. 4, sale of beer 371 

142, repealed 212 



1939] Index 491 

Session Laws, amended, repealed, etc. : 

1939, chapter 145, repealed 212 

149, flood control 286 

154, ,f. 13, firemen 234, 235 

161, J. 1, motor vehicles 253, 254 

167, s. 1, III, tobacco tax 230 

jr. 1, new IX, tobacco products 230 

s. 1, new X, usual selling price 230, 231 

J'. 3, term of licenses 231 

J. 5, tax imposed 23 1 

jr. 7, stamps 231, 232 

.$■. 8, metering machines 232 

.y. 9, resale and redemption 232 

s. 10, non-residents 232, 233 

new .y. 19, state tax 233 

new .y. 20, takes effect 233 

169, fishing 259, 260, 261 

Shad, open season for taking 201 

use as bait prohibited 208, 209 

Sheep Breeders Association, appropriation 316, 344 

Sherbet, pasteurization of milk required 53 

requirements for manufacture and sale 52, 53 

rules and regulations of state board of health 52, 53 

use of saccharin permitted under special permit 53 

Sheriff fees, unemployment compensation cases 143 

Sidewalks, see Cross walks. 

Sinking fund, state, income payable to 130 

transfer of funds from 280, 281 

Sirens, use of on motor vehicles limited 185, 186 

Ski Federation World Championship, 1942 385, 386 

Small claims, defined 228 

evidence admissible 229 

judgment 229 

proceedings after 229, 230 

jurisdiction of municipal courts 229 

limitation on number of claims 229 

notice 229 

speedy procedure for determination 228-230 

Smelt,^ fresh water, Cambridge and Errol, certain ponds 154, 207 

open season 203 

Village brook. Freedom 91, 92, 203 

waters closed to taking 30, 31, 203 

salt water, taking 211 

temporary provisions for taking 81 

Social ^curity Act, federal 150, 151 

Soldiers aid, names not to be published in county reports 4 

recipients, inspection of records 4 

and sailors, burial, appropriation 323, 350 

convention of veterans, town appropriation .... 18, 19 

memorials, town appropriation -14 

see also Veterans ; War-time military records. 



492 Index [1939 

Solicitor's permit for sale of beer, exception to office employee.... 29 

Somersworth, biennial election of municipal officers 413-415 

city clerk 414 

council 413, 414 

mayor, election, salary, powers 414 

school board, election 414, 415 

selectmen, election 414 

tenure of office of present officers 415 

South branch of Gale river, Franconia, closed to all fishing 84, 207 

Newmarket, see Newfields. 

Speed limit, motor vehicles 122, 123 

Spofiford lake in Chesterfield, closed to smelt fishing 30, 31, 203 

Spoonwood pond. Nelson, ice fishing 38, 39, 204, 205 

Stark, General John, Day, proclaimed by governor 16 

John, house, appropriation for repair of 384 

State advertising, see Advertising. 

aided highways, see Highways. 

air navigation facility, authority to acquire 370 

airways system, establishment authorized 370 

board of health, see Health, state board of. 

parole, trustees of prison to constitute 160, 161 

see also Parole, 
bond issues, see Bonds and notes, state. 

buildings, governor and council custodians of 236, 238 

superintendent of, appointment 236 

duties 236-239 

salary 236 

dental board, see Dental board, state. 

employees, trustee process against 281 

employment service 148, 149, 320, 348 

general funds, see General funds. 

hospital, additional facilities 311-313 

appropriation for maintenance 326, 327, 353-355 

commitment of insane persons to : 188, 189 

new buildings 311-313 

patients dormitory at Laconia state school 311-313 

purchase of land 312 

transfer of inmates to Laconia state school 312 

house annex, assignment of rooms « 237 

care and maintenance 236-239 

sinking fund, appropriation 341, 368 

appropriation 321, 349 

remodelling offices 292 

assignment of rooms 237 

care and maintenance of 236-239 

industrial school, see Industrial school. 

land, Londonderry, conveyance or lease authorized 155 

sale of authorized 106, 220, 221 

used for recreational purposes, town appropriation for 96, 97 
see also Thompson, Benjamin. 



1939] INDEX 493 

State libran-, appropriation, maintenance 321, 349 

waterproofing 293 

care and maintenance 236-239 

liquor commission, see Liquor commission, state. 

officials, trustee process against 281 

parole officers 161 

police, appropriation 321, 349 

deficiency appropriation 293 

fines against violators, forwarded to motor vehicle 

commissioner 278 

prison, appropriation for maintenance 329, 356, 357 

piggery 390 

cell block and facilities 293-295 

farm, appropriation for equipment 383 

parole from, sec Parole. 

revenue, pari mutuel pools 14-16 

see also General funds ; Sinking fund, state. 

sanatorium, appropriation, maintenance 330, 331, 357, 358 

cottage for assistant physician 382 

deficiency appropriation 293 

heating plant 239, 240 

nurses home 239, 240 

repairs 382 

X-raj' apparatus 382 

tax commission, see Tax commission, state. 

elimination of, by tax on tobacco products , 233 

treasurer, service of process, against state employees 281 

transfer of funds for general purposes 280, 281 

trustee process, chargeable when 281 

University of N. H., deductions to liquidate build- 
ing program bonds 132, 133 

treasury audit, appropriation 293 

Stock in trade tax, computation of 191 

Stocker pond, Grantham, closed to ice fishing 86, 205 

Straflford county probate office, clerk hire 175 

Stream flow gauging stations, appropriation 340, 367 

Street car, clinging to, by bicycle riders prohibited 187 

Suckers, open season for taking Ill, 203, 204, 207 

Sullivan county treasurer, salary increase 10, 11 

Sumner, George W., reconveyance of land to 164 

Sunapee lake, tributaries, closed to fishing except for suckers 111, 203, 204, 207 

Sunday labor laws 60, 234 

legal holiday falling on 27, 28 

Superior court, appeal, board of recount after town or school 

election 87, 88 

boundary lines of highways 165, 166 

taking land for flood control 106, 107 

water resources board, acquisition of 

property 283-285 

appropriation 314, 342 



494 Index [1939 

Superior court, Coos county borrowing to approve 222, 223 

filling temporary vacancies, town and school district 

treasurer 182, 183 

names changed by 405-409 

retired justices may be referees, auditors or masters 51 
town meeting, justice to order insertion of articles 

in warrant 19, 20 

warn upon neglect of 

selectmen 19, 20 

Supreme court, appropriation 314, 342 

judges have control of court room 238 

retired justices may be appointed referees 51 

Surry Mountain Reservoir, flood control project 163 

Tamworth, Congregational Society in, sec Congregational Society in 
Tamworth. 

Tax, abatement of, application for, to be in writing 39 

collector bond, approval by tax commission 26 

time within which filed 26 

expenses to yearly meeting paid by city or town .... 5 

report of tax sale 12, 13 

commission, appropriation for department 339, 340, 365, 366 

approval of tax collector's bond 26 

division of municipal accounting 295-297 

taxable valuation on account of flood control, loss 

of to towns, to determine 286 

to administer law relative to tax on tobacco 

products 195 

county, see County taxes. 

exemptions, benefits paid under firemen's retirement system . . 174 

foreign insurance companies 21, 22 

horse racing, pari niutuel pools, see Horse racing. 

legacy and succession, contingent devises and bequests 158, 159 

liens, town, extension of time 25, 26 

poll, see Poll taxes. 

property, distraint, limitation of action 33 

public, assessment of 241-248 

real estate, information on list of 32, 33 

report to register of deeds 12, 13 

state, see State tax. 

stock in trade, see Stock in trade tax. 

tobacco, see Tobacco products. 

Taylor, Harry S., in favor of 387 

Teachers, reports of deaf children, to state board of health 178 

retirement fund, appropriation 341, 367 

see also School. 

Telegraph and telephone employees, Sunday work 234 

relocation of lines 284, 285 

Telephone employees, see Telegraph. 
Tenant, see Landlord and tenant. 



1939] Index 495 

Thompson, Benjamin, trust fund, sale of property from, authorized 225-227 

Three pond brook in Rumney, fishing in 206, 259 

Tilton, School, trustees of 427 

Tilton Seminary, see Tilton School. 

Timber salvage emergency work, appropriation 391 

town appropriations for 18 

trucks, special registration 1-3, 279, 280 

see also Hurricane. 

Tobacco products tax, appropriation for administration 340, 366 

definitions 189, 190, 230, 231 

discount to distributors 191, 192, 232 

fees 190, 191 

forfeitures 194 

fraudulent stamps 194 

licenses required 190, 191 

metering machines 192, 232 

no state tax 233 

non-residents may affix stamps .... 192, 193, 232, 233 

penalties 193-195 

purposes of act 189 

records to be kept 194 

redemption of stamps 192, 232 

resale of stamps prohibited 192, 232 

revocation of licenses 191 

sale of unstamped products prohibited 193 

stamps, sale of 191, 192, 231, 232 

stock in trade ta.\ 191 

tax commission to administer act 195 

imposed 191, 231 

term of licenses 191, 231 

Toll bridge, Hampton Harbor, see Hampton Harbor, 
motor vehicle road, see Motor vehicle. 

road, Kearsarge mountain, disposition of proceeds 121 

Tom pond, Warner, closed to ice fishing 94, 95, 204 

Tourist guides advertising, license required 27 

Town advertising, appropriations for 88 

air navigation facilities, acceptance of federal aid 370 

appropriations, advertising 88 

building approaches and leasing land for 

timber salvage 18 

memorials to veterans 44 

recreational purposes 96, 97 

refunding notes, 1939, 1940 9 

veterans conventions ; limitation 18, 19 

meeting places 44 

audits by municipal accounting director 296, 297 

by-laws, licensing bicycles 187 

penalty for violating 187 

clerk, duties relative to recount of ballots 86-88 



496 Index [1939 

Town clerk to issue certificate relative to commitment to state 

hospital 188, 189 

reestablished highway boundary line maps filed with . . 165 

elections, appeal after recount 87, 88 

application for recount 86, 87 

of act 88 

board of recount established 87 

declaration of result after recount 87 

notice ; fee ; for recount 87 

preservation of ballots 86, 87 

emergency borrowing 9 

notes with state guarantee, issuance of 32 

finances, see Municipal. 

funds, deposit of 213, 214 

see also Town trust funds. 

grant of real estate to water resources board 282-284 

highways damaged by floods, state aid for 135, 136 

reestablishment of lost boundary lines 165, 166 

meetings, 1939, appropriation for timber salvage without 

special article in warrant 18 

legalized, Belmont 418 

Lyndeborough 425 

Milford 427 

warning by justice 19, 20 

warrant, insertion of articles therein 19, 20 

moderator, member of board of recount 87, 88 

municipal permit fee not required for registering motor 

vehicles hauling logs 2, 279, 280 

officers, see Town clerk ; Town treasurer ; Town moderator ; 

Tax collector ; Selectmen, 
reimbursement on account of loss in tax valuation by flood 

control projects 286, 287 

reports, certain vital statistics not to be published 33, 34 

publication of results of audit 296, 297 

tax collector, see Tax collector. 

taxes, computation of 287 

treasurer, duties of 213, 214 

filing temporary vacancy in office of 182, 183 

trust funds, building and loan association shares, legal invest- 
ment 64, 65 

federal savings and loan shares, legal investment 64, 65 

investment of 64, 65 

restoration of 9 

see also Municipal. 

Tractor agricultural 184 

certificate on transfer 125 

fees for registration 42, 43, 125-127, 183-185, 253, 254, 257, 258 

operation by unlicensed operator prohibited 98, 99 

registration required 124 



1939] Index 497 

Tractor, transfer of ownership 125, 127 

used in combination with semi-trailer 126, 127, 184, 254 

see also Motor vehicles. 

Trailer, brakes for 116 

certificate on transfer 125 

fees for registration 41, 125, 126, 127, 183-185, 253, 257, 258 

in combination with other vehicles 257 

registration required 124 

term defined 253 

transfer of ownership 125, 127 

wood sawing equipment on 116, 117 

see also Motor vehicles. 
Tramway, Cannon mountain, use of funds for permanent improve- 
ments 11, 12 

Transportation of handicapped children to schools 177 

Trapping beaver during open season in Coos county 79, 80 

Traps for taking fish 208 

none to be set under bridge 117, 118 

regulations for setting 117, 118 

Traveling libraries, appropriation 338, 365 

Treasurer, state, appropriation for department 322, 323, 350, 351 

firemen's retirement board, member 168, 169 

report on condition of retirement fund 171, 172 

town, see Town treasurer. 
Trespass, state forester may authorize entry on private land to re- 
move fire hazard 121 

White Mountain National Forest ; penalty 104 

Trio ponds in Odell, brook trout, taking 24, 25, 198 

Trolling for salmon and lake trout 118, 200, 201 

Trout, brook, sec Brook trout. 

brooks where only fly fishing is permitted 198, 199, 259 

lake, see Lake trout. 

Truant officer, school, duties 176 

Truck shovels, motor vehicle, fees for registration 41, 42, 126, 127, 184, 253, 254 

Trucks, motor vehicle, in combinations with other vehicles 257, 258 

used for timber salvaging 1-3, 279, 280 

see also Motor vehicles. 
Trunk lines, sec Highways. 

Trust companies, loans on mortgages 218, 219 

powers 218, 219 

savings departments may operate as mutual sav- 
ings bank 217, 218 

funds, see Town tpust funds. 

receipts, see Uniform trust receipts act. 

Trustee process, against state officials or employees 281 

Tuberculosis, bovine, indemnity for animals diseased 248-251 

Tuberculous persons, appropriation for aid for 336, 363 

Umbagog lake, Errol and Cambridge, fishing in 29, 30, 54, 202, 207 



498 Index [1939 

Unemploj'ment compensation 

administrator secretary disability benefits com- 
mission 288 

contributions 144 

copies of records to be furnished R. R. re- 
tirement board 150, 151 

definitions 139-141 

discharge for misconduct 143 

duties of commissioner of labor 148-150 

general experience rating 144, 145 

merit rating 145-147 

payment of benefits 141, 142 

penalties 151 

railroad retirement board, co-operation with. . 147, 158 

sheriff's fees 143 

state employment division 148 

federal co-operation 150, 151 

transfer of funds to railroad account 147, 148 

transition from one benefit year to next .... 142 

unemployment division 148 

voluntary unemployment 142, 143 

vi^aiting period for benefits 142 

Uniform trust receipts, application of act 276 

attempted creation of pledge without delivery 269 

cases not provided for 277 

constitutionality ' 277 

contract to give trust receipt 269, 270 

definitions 265-267 

election among filing statutes 276, 277 

entruster not responsible on sale by trustee. . 274 

entruster's right to proceeds 273, 274 

fee for filing with secretary of state 275 

filing 274-276 

general effect of entruster's filing or taking 

possession 271 

liens 274 

limitations on entruster's protection 272, 273 

extent of obligation secured. . 276 

repossession and entruster's rights on default 270, 271 

title of act 277 

trust receipt transaction 267-269 

uniformity of interpretation 277 

validity against creditors . . X 271, 272 

Union School district in Concord, ofiicial ballot for 420, 421 

United States, projects for flood control, consent of state granted.. 163, 164 

reimbursement of towns 

for tax loss 286, 287 

see also Federal. 

University of New Hampshire, appropriation 323, 351 

bond issue for building program . . 132, 133 



1939] • Index 499 

Universit}' of New Hampshire, liquidation of bonds 132, 133 

power of trustees to borrow 133 

president of, authority to execute 

deed '. 227 

sale of propertj' from Thompson 

trust authorized 225-227 

Urban residence district defined 122 

speed limit within 122, 123 

Vacancj', temporary, town treasurer and school district treasurer, 

filling 182, 183 

Vehicles carr>-ing wood-sawing equipment 116, 117 

clinging to, by bicycle riders, prohibited 187 

motor, see Motor vehicles. 

operation on roads closed for forest fires 187, 188 

Vessel, defined in navigation control act 310 

Veterans, annual conventions, town appropriations 18, 19 

Association, N. H., repair of buildings at The Weirs . . 381 

hospital, memorialization to Congress for 376, 377 

of Foreign Wars, town appropriation for memorials .... 44 

service officer, appropriation 335, 362 

, town appropriations for 44 

see also Soldiers and sailors. 

Veterinary medicine, qualifications for practice of 10 

surgeons, appropriation 341, 367 

Village districts, audits 296, 297 

financial reports to tax commission 295, 296 

grant of real estate to water resources board . . . 282-284 

powers for recreational promotion 102, 103 

reports, publication of audits 296, 297 

Violation of parole, see Parole. 

Vital statistics, appropriation for department 233, 360 

publication in town reports not required 33, 34 

Wage claims, labor commissioner to prosecute 105 

Wages and hour act, federal, see Federal Fair Labor Standards Act. 

Warrant for town meeting, insertion of articles 19, 20 

neglect to call . 19, 20 

War-time records, publication of 377, 378 

see also Soldiers and sailors. 

Wash pond, Hampstead, closed to ice fishing 13, 205 

Water control commission, appropriation 340, 367 

power development, commission for investigation of 373, 374 

resources board, N. H., acciuisition of property 282-284 

appropriation 341, 367 

flood control projects to recommend 164 

hearing on projects 282 

project report 282 

relocation of public facilities 284, 285 



500 INDEX [1939 

Water supply, pollution of, by beaver, complaint to fish and game 

director 79 

waters closed to fishing 84, 85, 207 

works company, beaver detrimental to, complaint 79 

Waters closed to all fishing 205-207 

used for storage of blown timber, approaches to 18 

see Rivers. 

Webster, Daniel, birthplace, appropriation 321, 348 

care and maintenance 236-239 

Weight limit of motor vehicles 123, 124 

see also Alotor vehicles. 

Weights and measures, appropriation for department 323, 251 

Weirs, The, repair of buildings at 381 

Welfare, public, see Public welfare. 

Well drilling machines on motor truck chassis, fees for registra- 
tion 41, 42, 126, 127, 184, 253, 254 

Wentworth, Lake, open season for taking pickerel 7 

White cane, carrying, symbol of blindness 56, 57 

Lake state park, Tamworth, maintenance of roads in 120 

Mountain highway designated 28 

National Forest, trespass prohibited ; penalty 104 

perch, open season for taking 49, 50, 201 

propagating 68, 207 

taking Massabesic lake 49, 50, 201 

pine blister rust, appropriation 319, 346 

fish, open season for taking 201 

Wholesaler of beer, payment of fees on sales 128-131 

reports required 129-131 

see also Beer. 

Wildlife restoration projects, acceptance of federal aid 195, 196 

Willey camps, Crawford Notch, appropriation for Donahue and 

Hamlin 396 

Winchester, Forest lake closed to ice fishing 50, 204 

tributaries Pisgah reservoir, fishing 50, 51,, 206 

Witness before tax commission 195 

fees, unemployment compensation cases 143 

capital cases, additional, at discretion of justice 227, 228 

Wolfeboro sewer system, board of water commissioners to have con- 
trol of 425, 426 

Women, married, husband liable for poll taxes 49 

Wood sawing equipment on vehicles 116, 117 

Words defined, aeronautics 368 

air navigation facility 369 

airport 369 

base period, unemployment compensation 139 

benefit year, unemployment compensation 139 

business district, motor vehicle laws 122 

- calendar quarter, unemployment compensation 139 

call firemen 168 

commission, tobacco ta'x 189 



1939] INDEX 501 

Words defined, dealer, motor veliicle laws 40 

tobacco tax 190 

distributor, milk 157 

tobacco products tax 190, 230 

employment 140 

handicapped child 176 

highway building equipment 254 

hospital service corporation 74 

ice cream 52 

sherbet 52 

milk distributor 157 

sherbet 52,53 

motor vehicle 253 

j unk yard 43 

N. H. Permanent Firemen's Assn 168 

non-resident, motor vehicle 255 

officer 168 

permanent firemen 168 

person, tobacco tax 189 

rural district 122, 123 

sale, tobacco tax 190 

small claim 228 

stamp, tobacco tax 190 

tobacco products 230, 231 

trailer 253 

trust receipts 266 

uniform trust receipts, buyer 265 

document 265, 266 

entruster 266 

goods 266 

instrument 266 

lien creditor 266 

new value 266 

possession 267 

purchase 267 

purchaser 267 

security interest 267 

transferee in bulk 267 

trustees 267 

value 267 

urban district 122, 123 

vehicle 252 

vessel ■. 310 

wages 140, 141 

Workmen's compensation, application of act 79, 261 

computation 264 

constitutionality of act 264, 265 

death, amount of compensation 261, 262 

incapacity 262 

limitation 264 



502 • Index [1939 

Workmen's compensation, permanent partial disability .'. 262-265 

World's Fair, see New York. 

Poultry Congress, 1939, appropriation 337 

Writ, service upon state treasurer against state employees 281 

Yellow perch, open season for taking 201 

Zealand river and certain tributaries closed to all fishing 85, 207 



N 

^W^^ DATE DUE 

A fine of 2c is charged for each day book is kept over time. 


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