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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. 

Feb6'4l^ 

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1 

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1 

1 

i 

1 

1 

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